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03-09-2021 Regular City Council AgendaREGULAR CITY COUNCIL MEETING VIRTUAL MEETING HELD VIA WEBEX MARCH 9, 2021 7:00 PM INTRODUCTORY PROCEEDINGS Call to order Pledge of Allegiance Open forum Each speaker is to keep their comment period to three minutes to allow sufficient time for others. Individuals who wish to address the Council may call 612-861-0651 during the open forum portion of the meeting or email kwynn@richfieldmn.gov prior to meeting. Approval of the Minutes of the (1) City Council Work Session February 23, 2021; (2) City Council Meeting of February 23, 2021; (3) Special City Council Work Session of March 02, 2021; and (4) Special City Council Work Session of March 4, 2021. PRESENTATIONS 1. Proclamation declaring March 09, 2021 Tibet Day AGENDA APPROVAL 2.Approval of the Agenda 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 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.Consider a resolution requesting an advance payment of 2021-2025 Municipal State Aid (MSA) Street Funds to collect funds available from the completion of an eligible past project. Staff Report No. 34 B.Consider the approval of a resolution of support for MnDOT's Infrastructure for Rebuilding America (INFRA) grant application for Projects 1 and 2 of the I-494: US 169 to MSP Airport vision. Staff Report No. 35 C.Consider approval of a first reading of an amendment to the City's Zoning Code that would allow for slightly larger garage structures if an Accessory Dwelling Unit is attached, in the Single Family (R and R-1) Residential Districts. Staff Report No. 36 D.Consider the approval of setting a public hearing to be held on March 23, 2021, to consider the issuance of new On-S ale Intoxicating and S unday li censes, with outside service and the optional 2 a.m. closing for P i zza L uce V II, Inc. d/b/a P izza L uce, location at 800 66th S treet West. S taff Report No. 37 E .C onsi der the adoption of resolutions granting subdivision waivers for property owned by the Richfield HRA (6600 L ogan Avenue S outh and 6600 Newton Avenue S outh). S taff Report No. 38 4.C onsideration of items, if any, removed from C onsent C alendar P U B LIC H EAR IN G S 5.P ublic heari ng and second reading of transitory ordinance providing funding for certain capital improvements from the S peci al Revenue F und. S taff Report No. 39 6.P ublic heari ng and consider the approval of a new On-S ale W ine and 3.2 P ercent Malt L iquor licenses with outside service for Mos E isley C antina, L L C d/b/a S andy's Tavern located at 6612 P enn Avenue S outh. S taff Report No. 40 O T H E R B U SIN E S S 7.C onsider the appointments to C ity advisory board and commissions. S taff Report No. 41 8.C onsider C ity C ouncil confirmation of the Mayor's appointment of a Housing and Redevelopment A uthority C ommissioner. S taff Report No. 42 C IT Y MAN AG E R ’S R E P O R T 9.C ity Manager's Report C L AIMS AN D PAYR O LL S 10.C laims and P ayroll C O U N C IL D IS C U S S IO N 11.Hats Off to Hometown Hits 12.A djournment Auxiliary aids for individuals with disabilities are available upon request. R equests must be made at least 96 hours in advance to the C ity Clerk at 612-861-9738. CITY COUNCIL MEETING MINUTES Richfield, Minnesota City Council Work Session February 23, 2021 CALL TO ORDER The meeting was called to order by Mayor Regan Gonzalez at 5:45 p.m. virtually via WebEx. Council Members Maria Regan Gonzalez, Mayor; Ben Whalen; Mary Supple; Simon Present: Trautmann; and Sean Hayford Oleary Staff Present: Katie Rodriguez, City Manager; John Stark, Community Development Director; Melissa Poehlman, Assistant Community Development Director ; Ryan Krzos, Planner; Mary Tietjen, City Attorney; Blanca Martinez Gavina, Executive Analyst; and Kelly Wynn, Senior Office Assistant. Planning Commission Present: Kathryn Quam, Chair; Brett Stursa, Jim Rudolph Item #1 PRESENTATION AND DISCUSSION ON DRAFT UPDATES TO THE CITY'S SUBDIVISION ORDINANCE Assistant Community Development Director Poehlman gave a description of the item and explained staff is looking for feedback on procedure and approval process. Planner Krzos gave a presentation regarding the Subdivision Ordinance Update that included: • Explanation of subdivisions; • Goals for current update; • Structure; • General Provisions; • Procedures (platting and minor subdivision); • Approvals; • Design Standards; and • Required Improvements Assistant Community Development Director Poehlman explained the Administrative Review Committee (ARC) is made up of representatives from departments within the city. Chair Quam expressed concern with taking away the opportunity of certain public hearings. Council Member Hayford Oleary appreciated the stream lining of items. Council Member Whalen asked for clarification on what would need charter amendment and where public hearing would happen. Assistant Community Development Director Poehlman explained the process would include a public hearing at a Planning Commission meeting and approval at a Council Meeting. Council Work Session Minutes -2- February 23, 2021 Council Member Supple asked if a charter amendment would require a vote. City Attorney Tietjen stated the charter can be amended by an ordinance but there is a process to follow that could take several months to complete. Assistant Community Development Director Poehlman replied to Chair Quam’s concerns in that it can seem disingenuous to bring something to Council when there is little to no discretion. Chair Quam asked if staff would be renaming ‘subdivision waiver’ to ‘minor subdivision’ and have that process done internally. Assistant Community Development Director Poehlman stated the process currently goes to Council with a public hearing but Council is bound to approve the application it meets all necessary guidelines. Chair Quam expressed concern of dismissing public hearings and would like to have an outline of what can and cannot be changed. Mayor Regan Gonzalez stated she is in favor of changes but would like to see a communication piece outlining the process to assist Council and residents to better understand. Director Stark asked about the appeal process if staff chose to go with an administrative approval approach. City Attorney Tietjen stated it could be done but would need to be written into an ordinance. Director Stark offered the option to write the language to give staff the option of going through the administrative process or through Council. Assistant Community Development Director Poehlman explained that option is currently in the zoning code but not for the subdivision process. Council Member Whalen agreed with the providing the option for staff to forgo the administrative approval and go to Council. Assistant Community Development Director Poehlman stated Council could choose to reduce the number from four to three when it comes to dividing a lot. Council Member Hayford Oleary asked how the timeline would be affected if a resident would appeal a decision. Assistant Community Development Director Poehlman stated it would take about three to four weeks for regular approval but if it is appealed, could add an additional four weeks. Chair Quam asked for an explanation on why public hearings are required if nothing could be done by staff or Council. City Attorney Tietjen explained input can be considered at the beginning of the process but towards the end, if an application meets all guidelines, there is no discretion. Assistant Community Development Director Poehlman summarized Council and Planning Commission feedback. Council Work Session Minutes -3- February 23, 2021 ADJOURNMENT The work session was adjourned by unanimous consent at 6:58 p.m. Date Approved: March 09, 2021 Maria Regan Gonzalez Mayor Kelly Wynn Katie Rodriguez Senior Office Assistant City Manager CALL TO ORDER The meeting was called to order by Mayor Maria Regan Gonzalez at 7:00 p.m. via WebEx. Council Members Maria Regan Gonzalez, Mayor; Ben Whalen; Mary Supple; and Sean Hayford Present: Oleary Staff Present: Katie Rodriguez, City Manager; Mary Tietjen, City Attorney; John Stark, Community Development Director; Melissa Poehlman, Assistant Community Development Director; Julie Urban, Housing Manager; Lynnette Chambers, Multi-Family Housing Program Coordinator, Section 8; Jane Skov, IT Manager; Blanca Martinez Gavina, Executive Analyst; and Kelly Wynn, Senior Office Assistant Others Present: Jeffrey O’Neil, O’Neil Dental Center owner PLEDGE OF ALLEGIANCE Mayor Regan Gonzalez led the Pledge of Allegiance OPEN FORUM Senior Office Assistant Wynn reviewed the options to participate: • Participate live by calling 612-861-0651 during the open forum portion • Call prior to meeting 612-861-9711 • Email prior to meeting kwynn@richfielmn.gov Senior Office Assistant Wynn stated there were no callers. APPROVAL OF MINUTES M/Supple, S/Whalen to approve the minutes of the (1) Joint Richfield Public School and City Council meeting of February 1, 2021; and (2) City Council Meeting of February 9, 2021. CITY COUNCIL MEETING MINUTES Richfield, Minnesota Regular Council Meeting Virtual Meeting held via WebEx February 23, 2021 Council Meeting Minutes -2- February 23, 2021 Executive Analyst Martinez Gavina took roll call vote: Regan Gonzalez: AYE Supple: AYE Trautmann: AYE Hayford Oleary: AYE Whalen: AYE Motion carried 5-0 Item #1 APPROVAL OF THE AGENDA M/Whalen, S/Trautmann to approve the agenda Executive Analyst Martinez Gavina took roll call vote: Regan Gonzalez: AYE Supple: AYE Trautmann: AYE Hayford Oleary: AYE Whalen: AYE Motion carried 5-0 Item #2 CONSENT CALENDAR City Manager Rodriguez presented the consent calendar. A. Consider the approval of setting a public hearing to be held on March 09, 2021, for the consideration of the issuance of new On-Sale Wine and 3.2 Malt Liquor licenses for Mos Eisley Cantina, LLC d/b/a Sandy's Tavern located at 6612 Penn Avenue South. Staff Report No. 28 B. Consider the approval of a resolution for reimbursement of certain expenditures from the proceeds of General Obligation (G.O.) Grant Anticipation Bonds to be issued by the City for the 77th Street Underpass Improvements Project. Staff Report No. 29 RESOLUTION NO. 11828 RESOLUTION DECLARING THE OFFICIAL INTENT OF THE CITY OF RICHFIELD TO REIMBURSE CERTAIN EXPENDITURES FROM THE PROCEEDS OF BONDS TO BE ISSUED BY THE CITY WITH RESPECT TO 77TH STREET UNDERPASS IMPROVEMENTS PROJECT Council Meeting Minutes -3- February 23, 2021 C. Consider the approval of the Sentencing to Service Program Services Agreement between Richfield and Hennepin County for calendar years 2021 through 2023. Staff Report No. 30 M/Hayford Oleary, S/Supple to approve the consent calendar. Executive Analyst Martinez Gavina took roll call vote: Regan Gonzalez: AYE Supple: AYE Trautmann: AYE Hayford Oleary: AYE Whalen: AYE Motion carried 5-0 Item #3 CONSIDERATION OF ITEMS, IF ANY, REMOVED FROM CONSENT CALENDAR None Item #4 PUBLIC HEARING AND CONSIDER THE ADOPTION OF A RESOLUTION SPECIFYING THE USE OF FUNDS FROM THE URBAN HENNEPIN COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT ALLOCATION FOR 2021 AND AUTHORIZING EXECUTION OF A SUBRECIPIENT AGREEMENT WITH HENNEPIN COUNTY AND ANY REQUIRED THIRD PARTY AGREEMENTS. STAFF REPORT NO. 31 Council Member Supple read staff report 31. Council Member Supple encouraged local service providers apply for funding. She then opened the public hearing. Senior Office Assistant Wynn reviewed the options to participate: • Participate live by calling 612-861-0651 during the public hearing portion • Call prior to meeting 612-861-9711 • Email prior to meeting kwynn@richfielmn.gov Senior Office Assistant Wynn stated there were no callers. M/Supple, S/Whalen to close the public hearing. Executive Analyst Martinez Gavina took roll call vote: Council Meeting Minutes -4- February 23, 2021 Regan Gonzalez: AYE Supple: AYE Trautmann: AYE Hayford Oleary: AYE Whalen: AYE Motion carried 5-0 M/Supple, S/Trautmann to adopt a resolution authorizing the use of funds for the 2021 Urban Hennepin County Community Development Block Grant Program and authorizing execution of a Subrecipient Agreement with Hennepin County and any required third party agreements. RESOLUTION NO. 11829 RESOLUTION APPROVING PROPOSED USE OF 2021 URBAN HENNEPIN COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM FUNDS AND AUTHORIZING EXECUTION OF SUBRECIPIENT AGREEMENT WITH HENNEPIN COUNTY AND ANY REQUIRED THIRD PARTY AGREEMENTS Council Member Supple asked for clarification on the additional $80,000 is an addition to the money being paid off. Housing Manager Urban confirmed it is an additional amount on top of the repayments. Council Member Trautmann thanked staff for supplying these programs to keep people in their homes. Council Member Whalen echoed comments and highlighted the down payment assistance program. Director Stark spoke of how the CDBG program is not a large amount of money but is federal money which can make it difficult to work with and distribute. He explained how staff went through dozens of reviews to make the program compliant to benefit residents. Mayor Regan Gonzalez stated she has heard first hand from residents that have been taking advantage of the programs and how thankful they are to have the opportunity. Executive Analyst Martinez Gavina took roll call vote: Regan Gonzalez: AYE Supple: AYE Trautmann: AYE Hayford Oleary: AYE Whalen: AYE Motion carried 5-0 Item #5 Council Meeting Minutes -5- February 23, 2021 CONSIDER APPROVAL OF THE SECOND READING OF AN ORDINANCE REZONING PROPERTY AT 6945 PENNAVENUE SOUTH AS NEIGHBORHOOD BUSINESS (C-1). STAFF REPORT NO. 32 Council Member Trautmann presented staff report 32. Director Stark explained the property owner is available for questions and the rezoning of the area was addressed at a work session. Jeffrey O’Neil introduced himself and explained how he was not aware of the current zoning of his property as residential. M/Trautmann, S/Hayford Oleary to approve a second reading of an ordinance that amends Richfield Zoning Code Appendix I to change the zoning designation of property at 6945 Penn Avenue South from Single Family Residential (R) to Neighborhood Business (C-1). Council Member Hayford Oleary stated his hopes for zoning updates throughout and appreciated the property owner for going through the process. Council Member Trautmann thanked Jeffrey O’Neil for his investment in the city and having his business in Richfield. Jeffrey O’Neil stated he planned on being in Richfield for a long time. Mayor Regan Gonzalez thanked Mr. O’Neil for attending and realizes there is a mismatch in zoning throughout the city but knows staff is working to fix the situation. Assistant Director Poehlman spoke of how the Community Development Department has been working hard but has become short staffed due to Covid. Executive Analyst Martinez Gavina took roll call vote: Regan Gonzalez: AYE Supple: AYE Trautmann: AYE Hayford Oleary: AYE Whalen: AYE Motion carried 5-0 Item #6 CONSIDER THE APPROVAL OF AGREEMENTS WITH NON-PROFIT ORGANIZATIONS TO PROVIDE SOCIAL SERVICES TO THE CITY OF RICHFIELD AND AUTHORIZE THE CITY MANAGER TO EXECUTE AGREEMENTS WITH THOSE AGENCIES. STAFF REPORT NO. 33 Council Member Whalen read staff report 33. Council Meeting Minutes -6- February 23, 2021 M/Whalen, S/Supple to approve the agreements between the recommended non-profit organizations and the City of Richfield, and authorize the City Manager to execute agreements for services with those agencies Council Member Supple spoke of the experience to sit on the review committee and how the good work being done. She stated it was tough as requests exceeded the amount of funding but hopes the budget will be re-evaluated next year. Multi-Family Housing Program Coordinator Chambers leads the program and gave a brief explanation of the program and funding. Mayor Regan Gonzalez thanked Multi-Family Housing Program Coordinator Chambers for being a trusted leader during the process. She spoke of Richfield’s diverse community members and her willingness to advocate additional funding to meet resident needs. Council Member Trautmann thanked Multi-Family Housing Program Coordinator Chambers for her dedicated work and encouraged people and businesses to contribute to the program if possible. Executive Analyst Martinez Gavina took roll call vote: Regan Gonzalez: AYE Supple: AYE Trautmann: AYE Hayford Oleary: AYE Whalen: AYE Motion carried 5-0 Item #7 CITY MANAGER REPORT City Manager Rodriguez provided a brief report on Covid. She then spoke of the equity work taking place and how the city is celebrating Black History Month with tributes to poetry and music along with interviews that will be released on social media. Item #8 CLAIMS AND PAYROLL M/Trautmann, S/Whalen that the following claims and payrolls be approved: U.S. Bank 02/23/2021 A/P Checks 294629 - 295042 $ 1,569,595.42 Payroll: 160108 – 160411 43392 696,166.41 TOTAL $ 2,265,761.83 Executive Analyst Martinez Gavina took roll call vote: Regan Gonzalez: AYE Supple: AYE Council Meeting Minutes -7- February 23, 2021 Trautmann: AYE Hayford Oleary: AYE Whalen: AYE Motion carried 5-0 Item #9 HATS OFF TO HOMETOWN HITS Council Member Supple spoke of the Portland Ave Legacy Project and encouraged residents to submit input and ideas. She also thanked Public Works for their swift and ongoing assistance to residents with freezing pipes. Council Member Trautmann highlighted the Wood Lake Nature Center and all of the programs they continue to provide for residents. Council Member Hayford Oleary referenced a new stop sign at Centennial Elementary School and the impact it will have on student’s safety. Council Member Whalen reminded residents the city is in phase two of the moratorium regarding the property at 6501 Portland Ave which gives residents a chance to submit feedback. Mayor Regan Gonzalez read a text received from a resident that thanked the city for developing the down payment assistance program. She then spoke of the Richfield Annual Report that is out and highlights things the city accomplished in the last year. She also thanked staff for supplying so many ideas and input to the PAC meetings. Item #10 ADJOURNMENT The meeting was adjourned by unanimous consent at 7:47 p.m. Date Approved: March 09, 2021 Maria Regan Gonzalez Mayor Kelly Wynn Katie Rodriguez Senior Office Assistant City Manager ADJOURNMENT CITY COUNCIL MEETING MINUTES Richfield, Minnesota Special City Council Work Session March 02, 2021 The work session was called to order by Council Member Regan Gonzalez at 4:30 p.m. held virtually via WebEx. Council Members Maria Regan Gonzalez, Mayor; Mary Supple; Simon Trautmann; Ben Whalen; Present: and Sean Hayford Oleary Staff Present: Blanca Martinez Gavina, Executive Analyst Item #1 MEETINGS WITH APPLICANTS OF THE CITY’S ADVISORY COMMISSIONS AND HOUSING AND REDEVELOPMENT AUTHORITY The City Council held meetings with the following applicants for appointment to City Advisory Boards and Commissions and Housing and Redevelopment Authority: David Schneider Gordon Hanson Nick Pierce Aimee Page The work session was adjourned by unanimous consent at 6:30 p.m. Date Approved: March 09, 2021 Maria Regan Gonzalez Mayor Kelly Wynn Katie Rodriguez Senior Office Assistant City Manager CALL TO ORDER ADJOURNMENT CITY COUNCIL MEETING MINUTES Richfield, Minnesota Special City Council Work Session March 04, 2021 The work session was called to order by Council Member Regan Gonzalez at 4:30 p.m. held virtually via WebEx. Council Members Maria Regan Gonzalez, Mayor; Mary Supple; Simon Trautmann; Ben Whalen; Present: and Sean Hayford Oleary Staff Present: Blanca Martinez Gavina, Executive Analyst Item #1 MEETINGS WITH APPLICANTS OF THE CITY’S ADVISORY COMMISSIONS AND HOUSING AND REDEVELOPMENT AUTHORITY The City Council held meetings with the following applicants for appointment to City Advisory Boards and Commissions and Housing and Redevelopment Authority: Lee Ohnesorge Aric Bieganek Carrie Shaffer Brooke Nelson Patricia Pixler Courtney Kupsch The work session was adjourned by unanimous consent at 6:30 p.m. Date Approved: March 09, 2021 Maria Regan Gonzalez Mayor Kelly Wynn Katie Rodriguez Senior Office Assistant City Manager CALL TO ORDER AGENDA SECTION:PRESENTATIONS AGENDA ITEM #1. CIT Y COUNCIL ME E T ING 3/9/2021 RE P O RT P RE PA RE D B Y: K elly Wynn, S enior Office A ssistant D E PA RTM E NT D IRE C TOR RE V IE W: O TH E R D E PA RTM E NT RE V IE W: C ITY M A NA G E R RE V IE W: K atie Rodriguez, C ity Manager 3/5/2021 I T E M F O R C O UNC I L C O NS I D E RAT IO N: Proclamation declaring March 09, 2021 Tibet D ay E X E C UT IV E S UM M ARY: RE C O M M E ND E D AC T IO N: B AS IS O F RE C O M M E ND AT IO N: A.H IS TOR IC AL C ON TEXT B.P OL IC IE S (resolutions, ordinances, regulations, statutes, etc): C.C R IT IC AL T IMIN G ISSU E S: D.F IN AN C IAL IMPAC T: E.L E GAL C ON S ID E R AT ION : ALT E R N AT IV E R E C O MME N D AT IO N(S): P R IN C IPAL PAR TIE S EXP E C T E D AT ME E T IN G: AT TAC H ME N TS : D escripti on Type P roclamati on 2021 Tibet D ay B ackup Materi al Proclamation of the City of Richfield WHEREAS, on March 09, 2021, Tibetans will gather in their host countries to commemorate the 62nd anniversary of the Tibetan National Uprising against the occupation of Tibet and to honor more than one million Tibetans who have died in this struggle; and WHEREAS, the occupation and ongoing suppression of human rights and freedom in Tibet and the continuous degradation of culture, religion, economic, and the annihilation of the Tibetan people’s identity should be a concern for all; and WHEREAS, Tibetan Buddhism and its spiritual leader in exile, His Holiness the 14th Dalai Lama are recognized for their teaching on compassion, forgiveness and tolerance; and WHEREAS, The Tibetan American Foundation of Minnesota was founded in 1992, and has over 5000 Tibetan community members - many of whom live in the city of Richfield, is committed to promoting and preserving the Tibetan culture, heritage and religion; and WHEREAS it is only fitting that we affirm the determination of the Tibetan people in Tibet and in-exile to retain their heritage and protect it from destruction against overwhelming odds through non-violent and peaceful means. NOW, THEREFORE, I, MARIA REGAN GONZALEZ, Mayor of the City of Richfield, on behalf of the Richfield City Council, do hereby proclaim March 09, 2021 as: Tibet Day in the City of Richfield IN THE CITY OF RICHFIELD And call on the people of Richfield to observe this day with appropriate programs, activities, and ceremonies, and continue to support our Tibetan community throughout the year. PROCLAIMED this 9th day of March, 2021. Maria Regan Gonzalez, Mayor AGENDA SECTION:CONSENT CALENDAR AGENDA ITEM #3.A. STAFF REPORT NO. 34 CIT Y COUNCIL ME E T ING 3/9/2021 RE P O RT P RE PA RE D B Y: S cott K ulzer, A dministrative A ide/A nalyst D E PA RTM E NT D IRE C TOR RE V IE W: K ristin A sher, P ublic Works D irector O TH E R D E PA RTM E NT RE V IE W: N/A C ITY M A NA G E R RE V IE W: K atie Rodriguez, C ity Manager 3/3/2021 I T E M F O R C O UNC I L C O NS I D E RAT IO N: Consider a resolution requesting an advance payment of 2021-2025 Municipal State Aid (MS A) Street Funds to collect funds available from the completion of an eligible past project. E X E C UT IV E S UM M ARY: Staff recommends the C ity Council adopt the proposed resolution requesting an advancement of the 2021- 2025 MS A allotments to collec t funds available from the c ompletion of an MS A eligible past projec t. These funds would then be available to be used to cover other eligible MS A expenditures inc luding spot A D A improvements, matc hing funds for the Portland Avenue Bike Gap project, and other upcoming projects. The maximum amount of MSA funds that Richfield can request is typically $4M, however requests are being limited in 2021 based on the current statewide MS A fund balance. I n working with the Minnesota Department of Transportation's (MnD OT) Metro State Aid offic e, Ric hfield staff have identified eligible past expenditures in the amount of $1,046,820 and are recommending the City C ounc il request an advance for this amount. RE C O M M E ND E D AC T IO N: By Motion: Adopt the resolution requesting an advance payment of 2021-2025 Municipal State Aid (MS A) Street Funds to collect funds available fr om the completion of an eligible past project. B AS IS O F RE C O M M E ND AT IO N: A.H IS TOR IC AL C ON TEXT Minnesota Statutes, section 162.14 provides for municipalities to make advances from future year ’s alloc ations. The MnD OT State Aid Offic e solic its requests for advances on a y ear-by -year basis depending on the current statewide fund balance. Advances are limited to five times the munic ipalities’ last c onstruction allotment or $4,000,000, whichever is less, when the fund is C OD E: GREE N. The fund was set to C OD E: RE D in late 2020, and it was expected at that time that no advances would be allowed in 2021. The fund is c urrently C OD E: Y E LLOW based on the c urrent balance, therefore requests are being selectively approved by MnD OT State Aid Office on a case-by -case basis. The 76th Street East Rec onstruction was funded using other sourc es, but was approved by State Aid so the funds would be available if needed. B.P OL IC IE S (resolutions, ordinances, regulations, statutes, etc): MnD OT requires that all State Aid Street Fund advanc es be made via City C ounc il resolution. C.C R IT IC AL T IMIN G ISSU E S: MnD OT State Aid Office traditionally c onsiders advance requests on a first come, first serve basis. Due to the statewide fund balance being low, MnD OT State Aid is c onsidering 2021 advance requests on a case-by-c ase basis and preapproving only select requests. Richfield staff have worked with the MnD OT State Aid Office to ensure this request was preapproved and will be honored onc e the resolution is formally approved and submitted. D.F IN AN C IAL IMPAC T: Richfield MS A balance (3/1/2021) - ($1,544,979) Estimated 2022 Allocation - $1,000,000 (est. 15% less due to C OV I D -19) 2021 A dvance Request pre-approved by MnD OT State Aid Office - $1,046,820 E.L E GAL C ON S ID E R AT ION : The City Attorney will be available to answer any questions. ALT E R N AT IV E R E C O MME N D AT IO N(S): None P R IN C IPAL PAR TIE S EXP E C T E D AT ME E T IN G: None AT TAC H ME N TS : D escripti on Type Resolution Resolution L etter RESOLUTION NO. RESOLUTION AUTHORIZING AN ADVANCE OF 2021-2025 MUNICIPAL STATE AID STREET FUNDS WHEREAS, the Municipality of Richfield has implemented Municipal State Aid Street Project(s) which require State Aid funds in excess of those available in its State Aid Construction Account; and WHEREAS, said municipality has completed the construction of said project(s) through the use of other Municipal funds and is requesting an advance from the Municipal State Aid Street Fund to supplement the available funds in their State Aid Construction Account; and WHEREAS, the advance is based on the following determination of estimated expenditures: Estimated Account Balance as of date 3/1/2021 $ -1,544,979 Less estimated disbursements: Project # 157-361-027 $ 1,046,820 Project # $ NA Project # $ NA Project # $ NA Project # $ NA Bond Principle (if any) $ NA Project Finals (overruns-if any) $ NA Other_________________ $ NA Total Estimated Disbursements $ 1,046,820 Advance Amount (amount in excess of acct balance) $ 1,046,820 WHEREAS, repayment of the funds so advanced will be made in accordance with the provisions of Minnesota Statutes 162.14, Subd. 6 and Minnesota Rules, Chapter 8820.1500, Subp. 10b; and WHEREAS, the Municipality acknowledges advance funds are released on a first-come-first-serve basis and this Resolution does not guarantee the availability of funds. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield, Minnesota: That the Commissioner of Transportation be and is hereby requested to approve this advance for financing approved Municipal State Aid Street Project(s) of the Municipality of Richfield in an amount up to $1,046,820 in accordance with Minnesota Rules 8820.1500, Subp. 10b. I hereby authorize repayments from subsequent accruals to the Municipal State Aid Street Construction Account of said Municipality from future year allocations until fully repaid. Adopted by the City Council of the City of Richfield, Minnesota, this 9th day of March, 2021. Maria Regan Gonzalez, Mayor ATTEST: Elizabeth VanHoose, City Clerk AGENDA SECTION:CONSENT CALENDAR AGENDA ITEM #3.B. STAFF REPORT NO. 35 CIT Y COUNCIL ME E T ING 3/9/2021 RE P O RT P RE PA RE D B Y: S cott K ulzer, A dministrative A ide/A nalyst D E PA RTM E NT D IRE C TOR RE V IE W: K ristin A sher, P ublic Works D irector O TH E R D E PA RTM E NT RE V IE W: C ITY M A NA G E R RE V IE W: K atie Rodriguez, C ity Manager 3/3/2021 I T E M F O R C O UNC I L C O NS I D E RAT IO N: Consider the appr oval of a resolution of suppor t for MnD O T's Infrastructure for Rebuilding America (IN F R A) grant application for Projects 1 and 2 of the I-494: U S 169 to MS P Airport vision. E X E C UT IV E S UM M ARY: G rant Application MnD OT has dec ided to pursue an I NF RA grant for Projects 1 and 2 of the I -494: US 169 to MS P Airport vision (see attached). To strengthen the grant applic ation, letters of support from local and regional partners are enc ouraged to demonstrate that the projec t has broad public support. I NFRA Grant Background The U.S. Department of Transportation is seeking applicants for the fiscal year 2021 round of the I nfrastructure for Rebuilding Americ a (I NF RA ) discretionary grant program to fund transportation projects of national and regional significanc e that are in line with the Biden Administration’s principles for national infrastructure projec ts that result in good-paying jobs, improve safety, apply transformative technology, and explicitly address climate change and racial equity. The funding available for this y ear ’s grants totals approximately $889 million. I-494 Improvements The Policy Advisory C ommittee (PA C) for the I -494 improvements rec ently approved the I -494 Vision I mplementation P lan, whic h inc ludes a proposed sequence of projects along the corridor. Project 1 now inc orporates improvements that provide the greatest positive impacts to equity and safety for the Ric hfield and Bloomington communities. Eac h individual projec t will be subject to Munic ipal Consent from local communities. RE C O M M E ND E D AC T IO N: By Motion: Approve the resolution of support for MnD O T's Infrastructur e for R ebuilding America (IN F R A) grant application for Projects 1 and 2 of the I-494: U S 169 to MS P Airport vision . B AS IS O F RE C O M M E ND AT IO N: A.H IS TOR IC AL C ON TEXT See executive summary. B.P OL IC IE S (resolutions, ordinances, regulations, statutes, etc): None C.C R IT IC AL T IMIN G ISSU E S: MnD OT in c onjunc tion with local agenc y partners has been working towards roadway improvements along the I -494 Corridor from Trunk US Highway 169 to the MS P Airport. Projec ts 1 and 2 are moving forward and MnD OT is submitting an applic ation for I NF RA grant funds. The grant applic ations are due Marc h 19, 2021. D.F IN AN C IAL IMPAC T: There are no financial impac ts in supporting the grant application. E.L E GAL C ON S ID E R AT ION : None ALT E R N AT IV E R E C O MME N D AT IO N(S): None P R IN C IPAL PAR TIE S EXP E C T E D AT ME E T IN G: None AT TAC H ME N TS : D escripti on Type C over Memo C over Memo Resolution Resolution L etter I494 Implementation P lan S ummary E xhibit City Manager’s Office 1 9 0 1 E . 6 6 t h S T , R I C H F I E L D , M I N N E S O T A 5 5 4 2 3 6 1 2 . 8 6 1 . 9 1 7 0 F A X: 6 1 2 . 8 6 1 . 9 1 8 1 w w w . r i c h f i e l d m n . g o v A N E Q U A L O P P O R T U N IT Y E M P L O Y E R MAYOR MARIA REGAN GONZALEZ CITY COUNCIL SEAN HAYFORD OLEARY MARY SUPPLE SIMON TRAUTMANN BEN WHALEN CITY MANAGER KATIE RODRIGUEZ March 9, 2021 Pete Buttigieg U.S. Department of Transportation 1200 New Jersey Ave, SE Washington, DC 20590 RE: Letter of Support for the 2021 INFRA Discretionary Grant: Projects 1 and 2 of the I494 Vision Implementation Plan Dear Secretary Buttigieg, I am writing this letter to express our support for Minnesota Department of Transportation’s request for 2021 DOT INFRA Discretionary grant funds for the I494: US 169 to MSP Airport Projects 1 and 2 in the Cities of Bloomington and Richfield in Hennepin County, Minnesota. A resolution of support from the Richfield City Council is attached to this letter. Construction of Projects 1 and 2 of the I494: US 169 to MSP Airport vision will greatly benefit our community, the region, and Minnesota’s economy. Moreover, a large part of Project 1 will directly benefit one of Minnesota’s “ACP-50” areas (Area of Concentrated Poverty w/ greater than 50% people of color) by safely connecting them with jobs and other opportunities on either side of 494 through freeway ramp reconfiguration and improved pedestrian amenities. For this reason and many more, the City enthusiastically expresses its support for this effort. Please give this 2021 INFRA Discretionary Grant proposal your full attention and if I can answer anything further please let me know. I may be reached at krodriguez@richfieldmn.gov or 612-861-9702. Sincerely, Katie Rodriguez City Manager City of Richfield, Minnesota RESOLUTION NO. RESOLUTION OF SUPPORT FOR MNDOT’S INFRASTRUCTURE FOR REBUILDING AMERICA (INFRA) GRANT APPLICATION FOR PROJECTS 1 AND 2 OF THE I494: US 169 TO MSP AIRPORT VISION WHEREAS, MnDOT and local agency partners have been working towards roadway improvements along the I-494 Corridor from US Highway 169 to the MSP Airport; and WHEREAS, Projects 1 and 2 are moving forward and MnDOT plans to submit an application for INFRA grant funds; and WHEREAS, INFRA grants are specifically targeted to projects that result in good- paying jobs, improve safety, apply transformative technology, and explicitly address climate change and racial equity; and WHEREAS, INFRA grants prioritize racial equity as a selection criterion, to the extent that project sponsors have completed equity-focused community outreach, and projects are designed to benefit underserved communities; and WHEREAS, project stakeholders have worked extensively to ensure that equity considerations are front and center to each aspect of the I494: US 169 to MSP Airport vision; and WHEREAS, a large part of Project 1 will directly benefit one of Minnesota’s “ACP- 50” areas (Area of Concentrated Poverty w/ greater than 50% people of color as defined by the Metropolitan Council) by safely connecting them with jobs and other opportunities on either side of 494 through freeway ramp reconfiguration and improved pedestrian amenities. NOW, THEREFORE, BE IT RESOLVED, that the City of Richfield expresses its support for MnDOT’s Infrastructure for Rebuilding America (INFRA) grant application for Projects 1 and 2 of the I494: US 169 to MSP Airport vision. Adopted by the City Council of the City of Richfield, Minnesota this 9th day of March, 2021. Maria Regan Gonzalez, Mayor ATTEST: Elizabeth VanHoose, City Clerk 2/26/2021 1 Corridor Elements 82nd St interchange and grade raise on 35W MnPASS westbound (Hwy 100 to Hwy 169) MnPASS westbound (35W to Hwy 77*) Nicollet, Portland, 12th Ave, pedestrian bridges 35W interchange flyover & MnPASS in westbound (35W to Hwy 100) 1 7 3 5 8 *Added capacity begins at 24th Ave with MnPASS designation just west of TH 77 2 MnPASS eastbound (Hwy 100 to Hwy 169) 6 4 Railroad bridgeMnPASSin eastbound (from 35W to Hwy 100) MnPASS eastbound (35W to Hwy 77) 9 2/26/2021 2 82nd St interchange and grade raise on 35W MnPASS westbound (Hwy 100 to Hwy 169) MnPASS westbound (35W to Hwy 77*) Nicollet, Portland, 12th Ave, pedestrian bridges 35W interchange flyover & MnPASS in westbound (35W to Hwy 100) 1 7 3 5 8 *Added capacity begins at 24th Ave with MnPASS designation just west of TH 77 2 MnPASS eastbound (Hwy 100 to Hwy 169) 6 4 Railroad bridge MnPASS in eastbound (from 35W to Hwy 100) MnPASS eastbound (35W to Hwy 77) 9 Project 1 Project 3Project 2 Project 4 Elements 3,4 &7 Element 6 Elements 8 & 9 Elements 1, 2 & 5 Implementation Plan 2/26/2021 mndot.gov 3 Implementation Plan –Project 1 Project 1 Element Cost 3 35W interchange flyover & MnPASS in westbound (35W to Hwy 100)$110M to $135M* 4 MnPASS in eastbound (from 35W to Hwy 100)$70M to $85M 7 Nicollet, Portland, 12th Ave, pedestrian bridges $50M to $60M** Total Project 1 $230M to $280M *All of the costs for the bridges shared between Elements 3 and 4 are included in Element 3. **The range of costs for Element 7 also includes the frontage roads from Elements 8 and 9. COSTS INCLUDE: Construction, Contingency, Inflation, Utilities, Right of Way 2/26/2021 mndot.gov 4 Project 2 Implementation Plan –Project 2 Element Cost 6 Railroad Bridge $10M to $15M Total Project 2 $10M to $15M COSTS INCLUDE: Construction, Contingency, Inflation, Utilities, Right of Way, Railroad Agreement 2/26/2021 mndot.gov 5 Project 3 Implementation Plan –Project 3 Element Cost 8 MnPASS westbound (35W to Hwy 77*)$60M to $70M 9 MnPASS eastbound (35W to Hwy 77)$60M to $70M Total Project 3 $120M to $140M COSTS INCLUDE: Construction, Contingency, Inflation, Utilities, Right of Way, Railroad Agreement 2/26/2021 mndot.gov 6 Project 4 Implementation Plan –Project 4 Element Cost 5 82nd St interchange and grade raise on 35W $40M to $50M 1 MnPASS westbound (Hwy 100 to Hwy 169)$20M to $25M 2 MnPASS eastbound (Hwy 100 to Hwy 169)$20M to $25M Total Project 4 $80M to $100M COSTS INCLUDE: Construction, Contingency, Inflation, Utilities, Right of Way AGENDA SECTION:CONSENT CALENDAR AGENDA ITEM #3.C. STAFF REPORT NO. 36 CIT Y COUNCIL ME E T ING 3/9/2021 RE P O RT P RE PA RE D B Y: Nellie J erome, A ssistant P lanner D E PA RTM E NT D IRE C TOR RE V IE W: J ohn S tark, C ommunity D evelopment D i rector 3/3/2021 O TH E R D E PA RTM E NT RE V IE W: C ITY M A NA G E R RE V IE W: K atie Rodriguez, C ity Manager 3/3/2021 I T E M F O R C O UNC I L C O NS I D E RAT IO N: Consider appr oval of a first reading of an amendment to the City's Zoning C ode that would allow for slightly larger garage structures if an Accessory D welling U nit is attached, in the Single Family (R and R-1) Residential Districts. E X E C UT IV E S UM M ARY: I n 2015, the City adopted rules that would allow the construction of A cc essory D welling Units (A D Us) in the Single Family Residential Distric ts. These rules allowed the c onstruction of internal, attached, and detached A D Us provided a number of criteria were met. The rules did not inc rease the allowable square footage of garages or the total square footage of all combined acc essory structures. I n an effort to promote and inc rease the viability of A D Us, staff is proposing modest c hanges to existing regulations that apply to detac hed A D Us. S ec ti ons 514.05 and 518.05 (R and R-1 zoning district rules) of the Zoning C ode c urrently limit garage struc tures to a maximum of 1,000 square feet of floor area. This maximum, described in part a of subdivision 3, includes areas devoted to car parking, storage, ac cessory dwelling unit, offic e, or similar habitable space. Part b of subdivision 3 limits the total acc essory building floor area on a lot to 1,200 square feet or 13% of the lot for lots over 15,000 square feet. For referenc e, this would be about 1,950 square feet of ac cessory struc tures for a 15,000 square-foot lot. Sinc e 2015, only one new AD U has been constructed; it was an internal A D U. The applic ant would like to build a detached ADU as part of a new garage. T he proposed ADU would meet setback and height requirements, but would exceed the maximum garage size allowed. While the applicant initially considered an application for a variance, the proposal would not meet requirements necessary for approval of a variance. Upon review of the proposal staff believes that the proposed ADU is reasonable on this property and would be reasonable on other properties throughout the community and therefore recommended that the applicant request an ordinance change instead. The lot at 6821 Oakland Avenue South is 15,259 square feet. As a larger lot, the overall square footage of ac cessory struc tures allowed is 13% of the lot area or 1,983 square feet. The proposed AD U is 797 square feet and is designed as a single-level living spac e using “universal design” princ iples that makes the space more ac cessible for people with disabilities or similar needs. The proposed two-car garage is 528 square feet. This is a modest-size two-c ar garage; however, c ombined with the proposed A D U, the total square footage of the struc ture (A D U + parking space) is 1,325 square feet. W hile beneath the allowable total for the lot, the structure itself is 325 square feet larger than c urrently allowed for the single struc ture. W hen A D U standards were initially adopted in 2015, the intent was to allow them above acc essory garage struc tures, not alongside them. Staff is recommending that this dec ision be reconsidered, as single-level living can be important for households looking to add an A D U. Staff is proposing an ordinanc e amendment allowing the first 400 square feet of a garage-attached A D U to be deduc ted from the 1,000 square-foot floor area limit of that garage. Any garage-attac hed A D U would still need to comply with the 1,200 (or 13% for large lots) square-foot maximum of total ac cessory struc ture floor area. No garage with an attached A D U could be over 1,400 square feet on a large lot (lot size over 15,000 sq. ft) or 1,200 square feet on a small lot (lot size under 15,000 sq. ft). T his proposed ordinance change would not affect ADU size regulations (size requirements of at least 300 square feet up to 800 square feet) and would not affect garage height regulations. T his proposed change would make it easier to attach an ADU to the side or rear of a garage, avoiding the need for stairs or height increases. T his change could help residents age in- place, and would support more accessible multi-generational living styles. RE C O M M E ND E D AC T IO N: By motion: Approve a first reading of an or dinance amendment related to garage siz e in the Single Family Residential (R and R -1) Districts. B AS IS O F RE C O M M E ND AT IO N: A.H IS TOR IC AL C ON TEXT The Planning Commission recommended approval of this ordinance amendment by unanimous vote at the meeting on February 22, 2021. A D U standards were adopted by the C ity in 2015. Thus far, only one A D U has been constructed. B.P OL IC IE S (resolutions, ordinances, regulations, statutes, etc): The attac hed ordinanc e details the c hanges to the garage size limits within single-family residential districts. Also attac hed are the proposed plans for a garage with an A D U for the property located at 6821 Oakland Avenue South. C.C R IT IC AL T IMIN G ISSU E S: 60-D AY RUL E: The 60-day clock 'started' when a c omplete application was rec eived on February 3, 2021. A decision is required by April 4, 2021 or the Council must notify the applic ant that it is extending the deadline (up to a maximum of 60 additional days or 120 days total) for issuing a decision. D.F IN AN C IAL IMPAC T: None. E.L E GAL C ON S ID E R AT ION : A second reading of this ordinance is scheduled for March 23, 2021. ALT E R N AT IV E R E C O MME N D AT IO N(S): Recommend rejection of the proposed ordinanc e and continue the requirement that garage structures must meet the 1,000 square foot maximum. Recommend approval of the proposed ordinance with amendments. P R IN C IPAL PAR TIE S EXP E C T E D AT ME E T IN G: J ohn Sylvestre, applic ant AT TAC H ME N TS : D escripti on Type Ordinance Ordinance 6821 Oakland Ave A D U - P roposed S urvey B ackup Materi al 6821 Oakland Ave A D U - P lans - A rchitectural B ackup Materi al BILL NO. _____ AN ORDINANCE AMENDING THE RICHFIELD ZONING CODE REGULATIONS RELATED TO THE SIZE OF GARAGES WITH ATTACHED ACCESSORY DWELLING UNITS THE CITY OF RICHFIELD DOES ORDAIN: Section 1 Subsection 514.05 of the Richfield Zoning Code related to permitted private garages in the Single Family Residential (R) Zoning District is amended to read as follows: Subd. 3. Private garages (includes attached and detached) or carports: a) That do not exceed 1,000 square feet in floor area. In the case of detached garages, floor area shall include space devoted to vehicle parking, storage and non-garage uses such as an accessory dwelling unit, office, or similar habitable space. The first 400 square feet of space devoted to an accessory dwelling unit is exempt from this requirement, provided the site complies with part (b). Floor area shall not include crawl spaces or attic storage; b) That do not exceed an aggregate of 1,200 square feet (or 13% of lot area in the case of lots of 15,000 square feet or more) in floor area when combined with all other accessory buildings and attached garages on the lot; Section 2 Subsection 518.05, Subd. 3 of the Richfield Zoning Code related to permitted private garages in the Low-Density Single-Family (R-1) Zoning District is amended to read as follows: Subd. 3. Private garages (includes attached and detached) or carports: a) That do not exceed 1,000 square feet in floor area. In the case of detached garages, floor area shall include space devoted to vehicle parking, storage and non-garage uses such as an accessory dwelling unit, office, or similar habitable space. The first 400 square feet of space devoted to an accessory dwelling unit is exempt from this requirement, provided the site complies with part (b). Floor area shall not include crawl spaces or attic storage; b) That do not exceed an aggregate of 1,200 square feet (or 13% of lot area in the case of lots of 15,000 square feet or more) in floor area when combined with all other accessory buildings and attached garages on the lot; Section 5 This Ordinance is effective in accordance with Section 3.09 of the Richfield City Charter. Passed by the City Council of the City of Richfield, Minnesota this 23rd day of March, 2021. Maria Regan Gonzalez, Mayor ATTEST: Elizabeth VanHoose, City Clerk LEGEND#42379LICENSE NO.Thomas M. BloomDATES111/19/2020Minnetonka, Minnesota 55345Phone (952) 474-796417917 Highway No. 7Web: www.advsur.comAdvanceSurveying & Engineering, Co.Sylvestre ConstructionCLIENT/JOB ADDRESSSHEET TITLEPROPOSED SURVEYSHEET NO.SHEET 1 OF 1DRAWING ORIENTATION202128 JRDRAWING NUMBER11/18/2020LEGAL DESCRIPTION:South One-Half of Lot 2, Block 3, PORTLAND AVENUE ACRES, Hennepin County, Minnesota.SCOPE OF WORK & LIMITATIONS:1.Showing the length and direction of boundary lines of the legal description listed above. The scopeof our services does not include determining what you own, which is a legal matter. Please checkthe legal description with your records or consult with competent legal counsel, if necessary, tomake sure that it is correct and that any matters of record, such as easements, that you wish to beincluded on the survey have been shown.2.Showing the location of observed existing improvements we deem necessary for the survey.3.Setting survey markers or verifying existing survey markers to establish the corners of the property.4.Building dimensions and setbacks measured to outside of siding or stucco.5.This survey has been completed without the benefit of a current title commitment. There may beexisting easements or other encumbrances that would be revealed by a current title commitment.Therefore, this survey does not purport to show any easements or encumbrances other than the onesshown hereon.6.While we show a proposed location for this home or addition, we are not as familiar with yourproposed plans as you, your architect, or the builder are. Review our proposed location of theimprovements and proposed yard grades carefully to verify that they match your plans beforeconstruction begins. Also, we are not as familiar with local codes and minimum requirements asthe local building and zoning officials in this community are. Be sure to show this survey to saidofficials, or any other officials that may have jurisdiction over the proposed improvements andobtain their approvals before beginning construction or planning improvements to the property.STANDARD SYMBOLS & CONVENTIONS:"●" Denotes iron survey marker, as noted.DATE SURVEYED:11/19/2020DATE DRAFTED:6821 Oakland Ave SRichfield, MNSHEET SIZE: 11 X 1740200SCALE - 1" = 20'EXISTING HARDCOVERHouse 1,503 Sq. Ft.Decks 355 Sq. Ft.Driveway/Patio 2,150 Sq. Ft.Garage/Shed 493 Sq. Ft.Front Walk 82 Sq. Ft.Landscaping/Fireplace 28 Sq. Ft.AC Pad 8 Sq. Ft.TOTAL EXISTING HARDCOVER 4,619 Sq. Ft.AREA OF LOT 15,259 Sq. Ft.PERCENTAGE OF HARDCOVER TO LOT 30.3%PROPOSED HARDCOVERHouse 1,503 Sq. Ft.Decks 355 Sq. Ft.Patio 541 Sq. Ft.Driveway/Parking Pad 1,272 Sq. Ft.Garage/ADU 1,325 Sq. Ft.Paver Walk 161 Sq. Ft.Landscaping/Fireplace 28 Sq. Ft.AC Pad 8 Sq. Ft.TOTAL PROPOSED HARDCOVER 4,652 Sq. Ft.AREA OF LOT 15,259 Sq. Ft.PERCENTAGE OF HARDCOVER TO LOT 30.4% SYLVESTRE SYLVESTRE SYLVESTRE SYLVESTRE SYLVESTRE SYLVESTRE AGENDA SECTION:CONSENT CALENDAR AGENDA ITEM #3.D. STAFF REPORT NO. 37 CIT Y COUNCIL ME E T ING 3/9/2021 RE P O RT P RE PA RE D B Y: J enni fer A nderson, S upport S ervices Manager D E PA RTM E NT D IRE C TOR RE V IE W: J ay Henthorne, D irector of P ublic S afety/C hi ef of P olice O TH E R D E PA RTM E NT RE V IE W: N/A C ITY M A NA G E R RE V IE W: K atie Rodriguez, C ity Manager 3/3/2021 I T E M F O R C O UNC I L C O NS I D E RAT IO N: Consider the appr oval of setting a public hear ing to be held on March 23, 2021, to consider the issuance of new O n-Sale Intoxicating and Sunday licenses, with outside ser vice and the optional 2 a.m. closing for Piz za Luce V II, Inc. d/b/a P izz a Luce, location at 800 66th S treet W est. E X E C UT IV E S UM M ARY: On February 17, 2021, the City received the application materials for new On-Sale I ntoxicating and Sunday lic enses, with outside service and the optional 2 a.m. c losing for Pizza Luce V I I , I nc. d/b/a Pizza Luce, location at 800 66th S treet W est. All required information and documents have been received. All licensing fees have been paid. RE C O M M E ND E D AC T IO N: By motion: Approve the setting of a public hearing to be held on March 23, 2021, for the consideration of the issuance of new O n-Sale Intoxicating and Sunday licenses, with outside service and the optional 2 a.m. closing for Piz za Luce V II, Inc. d/b/a P izz a Luce, location at 800 66th S treet W est. B AS IS O F RE C O M M E ND AT IO N: A.H IS TOR IC AL C ON TEXT This is a notic e to set the public hearing. Staff will provide a more detailed historic al c ontext in the report submitted for the public hearing on March 23, 2021. B.P OL IC IE S (resolutions, ordinances, regulations, statutes, etc): City ordinance requires the City C ounc il to conduc t a public hearing to consider all On-Sale I ntoxic ating and Sunday lic ense applic ations and set a date for the public hearing. The hearing must be sc heduled and held before a new lic ense may be considered. The new proc ess has been initiated. C.C R IT IC AL T IMIN G ISSU E S: Holding the public hearing on March 23, 2021 will provide time to complete the licensing process. D.F IN AN C IAL IMPAC T: All licensing fees have been rec eived. E.L E GAL C ON S ID E R AT ION : There are no legal considerations. ALT E R N AT IV E R E C O MME N D AT IO N(S): Reject the applications for new On-Sale I ntoxicating and Sunday licenses for Pizza Luce V I I , I nc. d/b/a P izza Luc e. Schedule the public hearing for another date; however, this will delay the licensing process. P R IN C IPAL PAR TIE S EXP E C T E D AT ME E T IN G: There are no parties expected at this meeting. AGENDA SECTION:CONSENT CALENDAR AGENDA ITEM #3.E. STAFF REPORT NO. 38 CIT Y COUNCIL ME E T ING 3/9/2021 RE P O RT P RE PA RE D B Y: Ryan K rzos, P lanner D E PA RTM E NT D IRE C TOR RE V IE W: J ohn S tark, C ommunity D evelopment D i rector 3/3/2021 O TH E R D E PA RTM E NT RE V IE W: C ITY M A NA G E R RE V IE W: K atie Rodriguez, C ity Manager 3/3/2021 I T E M F O R C O UNC I L C O NS I D E RAT IO N: Consider the adoption of resolutions granting subdivision waivers for property owned by the Richfield H R A (6600 Logan Avenue South and 6600 Newton Avenue South). E X E C UT IV E S UM M ARY: The Ric hfield Housing and Redevelopment Authority (HRA) owns two properties along the south side of 66th Street. These properties were acquired by the C ounty in c onjunc tion with the rec onstruc tion of 66th Street. Following completion of the road projec t, the subject lots were c onveyed to the HRA . The north half of both of the subject lots currently c ontains the roadway and adjoining cy cle trac k. As such, the HRA is looking to subdivide the south half of each site to c reate a residential dwelling site. The remaining parcel on the north side would be retained by the City as right-of-way. Both lots will c omply with lot area and width requirements of the R - Single Family Zoning Distric t that they are loc ated within. Additionally, staff finds that there will be no adverse impact on the neighborhood given the historical presenc e of homes on eac h site. Finding that all c onditions are met, staff rec ommends approval of the request. It should be noted that the proposed subdivision ordinance revisions would allow these two requests to be processed administratively in the future. RE C O M M E ND E D AC T IO N: By motion: Adopt the attached resolutions granting subdivision waivers for property at 6600 Logan Avenue South and 6600 Newton Avenue South owned by the City of Richfield H R A . B AS IS O F RE C O M M E ND AT IO N: A.H IS TOR IC AL C ON TEXT See Exec utive S ummary. B.P OL IC IE S (resolutions, ordinances, regulations, statutes, etc): Subsection 500.05, Subdivision 2. - I n cases in which c ompliance with the City ’s platting requirements result in unnecessary hardship and when failure to c omply with said requirements does not interfere with the purpose and intent of the regulations, the Council may adopt a resolution authorizing a waiver from the subdivision requirements. C.C R IT IC AL T IMIN G ISSU E S: 60-D AY RUL E: The 60-day cloc k started when the application from the Hennepin County Highway Department was received on J anuary 28, 2021. A dec ision must be given by Marc h 29, 2021, or the Council must notify the Applicant that it is extending the deadline (up to a maximum of 60 additional days or 120 days in total) for issuing a decision. D.F IN AN C IAL IMPAC T: None. E.L E GAL C ON S ID E R AT ION : None. ALT E R N AT IV E R E C O MME N D AT IO N(S): None. P R IN C IPAL PAR TIE S EXP E C T E D AT ME E T IN G: N/A AT TAC H ME N TS : D escripti on Type Resolution 6600 Newton Ave Resolution L etter Resolution 6600 L ogan Ave Resolution L etter Zoning Map E xhibit S urvey - 6600 L ogan Ave E xhibit S urvey - 6600 Newton Ave E xhibit RESOLUTION NO. RESOLUTION AUTHORIZING A SUBDIVISION WAIVER FOR 6600 NEWTON AVENUE SOUTH WHEREAS, an application has been filed with the City of Richfield which requests approval of a subdivision waiver for the division of property commonly known as 6600 Newton Avenue (“Subject Property”), legally described in Exhibit A, and; WHEREAS, the applicant proposes to divide the above-described parcel into two parcels, legally described in Exhibit B, and; WHEREAS, the City has fully considered the request for approval for the subdivision waiver; and WHEREAS, the City Council finds that compliance with City Code Section 500.05 Subdivision 1, requiring the property to be platted, would result in unnecessary hardship and that failure to comply therewith will not interfere with the purposes of the platting regulations of Section 500.01. WHEREAS, the City Council finds that failure to comply with minimum lot width and area requirements will not injure the public welfare and that the interests of the City and surrounding area are protected and the general intent and spirit of the subdivision regulations are preserved. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Richfield, Minnesota, as follows: 1. A waiver for the subdivision of the Subject Property legally described above is hereby granted. 2. City staff is authorized and directed to take any action necessary to effectuate this Resolution and to authorize the recording of conveyances complying with the terms of this Resolution. Adopted by the City Council of the City of Richfield, Minnesota this 9th day of March, 2021. _______________________ Maria Regan Gonzalez, Mayor ATTEST: ___________________________ Elizabeth VanHoose, City Clerk EXHIBIT A EXISTING PROPERTY DESCRIPTION Document No. 5746053 Lot 1, Block 5, "Fairwood Park". Reserving to County of Hennepin a permanent easement for highway purposes over all that part of the above described tract which lies northerly of a line drawn from a point on the west line of Lot 10, Block 5, Fairwood Park distant 20.09 feet southerly of the northwest corner of said Lot 10 to a point on the east line of Lot 1, Block 5, Fairwood Park distant 36.73 feet southerly of the northeast corner of said Lot 1. Reserving to County of Hennepin a permanent easement for utility purposes over all that part of the above described tract which lies southerly of the above described highway easement and northerly and northwesterly of the following described line: Commencing at the northeast corner of said Lot 1; thence southerly along the east line of said Lot 1 a distance of 46.76 feet to the point of beginning of the line being described; thence westerly parallel with the south line of the above described highway easement a distance of 117.17 feet; thence southwesterly, deflecting left 47 degrees 09 minutes 12 seconds a distance of 24. 74 feet to the west line of said Lot 1 and said line there terminating. Reserving to County of Hennepin the right to restrict all right of access, being the right of ingress to and egress from County State Aid Highway No. 53 over, under and across the land herein being conveyed. Reserving to County of Hennepin all mineral rights in said land pursuant to Minnesota Statute Section 373.01. EXHIBIT B PROPOSED PROPERTY DESCRIPTIONS PARCEL 1: The South 68.00 feet of Lot 1, Block 5, "Fairwood Park", Hennepin County, Minnesota. Reserving to County of Hennepin a permanent easement for highway purposes per Torrens Certificate of Title No. 1410890, over all that part of the above described tract which lies northerly of a line drawn from a point on the west line of Lot 10, Block 5, Fairwood Park distant 20.09 feet southerly of the northwest corner of said Lot 10 to a point on the east line of Lot 1, Block 5, Fairwood Park distant 36.73 feet southerly of the northeast corner of said Lot 1. Reserving to County of Hennepin a permanent easement for utility purposes over all that part of the above described tract which lies southerly of the above described highway easement and northerly and northwesterly of the following described line: Commencing at the northeast corner of said Lot 1; thence southerly along the east line of said Lot 1 a distance of 46.76 feet to the point of beginning of the line being described; thence westerly parallel with the south line of the above described highway easement a distance of 117.17 feet; thence southwesterly, deflecting left 47 degrees 09 minutes 12 seconds a distance of 24. 74 feet to the west line of said Lot 1 and said line there terminating. Reserving to County of Hennepin the right to restrict all right of access, being the right of ingress to and egress from County State Aid Highway No. 53 over, under and across the land herein being conveyed. Reserving to County of Hennepin all mineral rights in said land pursuant to Minnesota Statute Section 373.01. PARCEL 2: That part of Lot 1, Block 5, "Fairwood Park", Hennepin County, Minnesota, lying North of the South 68.00 feet thereof. Reserving to County of Hennepin a permanent easement for highway purposes per Torrens Certificate of Title No. 1410890, over all that part of the above described tract which lies northerly of a line drawn from a point on the west line of Lot 10, Block 5, Fairwood Park distant 20.09 feet southerly of the northwest corner of said Lot 10 to a point on the east line of Lot 1, Block 5, Fairwood Park distant 36.73 feet southerly of the northeast corner of said Lot 1. Reserving to County of Hennepin a permanent easement for utility purposes over all that part of the above described tract which lies southerly of the above described highway easement and northerly and northwesterly of the following described line: Commencing at the northeast corner of said Lot 1; thence southerly along the east line of said Lot 1 a distance of 46.76 feet to the point of beginning of the line being described; thence westerly parallel with the south line of the above described highway easement a distance of 117.17 feet; thence southwesterly, deflecting left 47 degrees 09 minutes 12 seconds a distance of 24. 74 feet to the west line of said Lot 1 and said line there terminating. Reserving to County of Hennepin the right to restrict all right of access, being the right of ingress to and egress from County State Aid Highway No. 53 over, under and across the land herein being conveyed. Reserving to County of Hennepin all mineral rights in said land pursuant to Minnesota Statute Section 373.01. RESOLUTION NO. RESOLUTION AUTHORIZING A SUBDIVISION WAIVER FOR 6600 LOGAN AVENUE SOUTH WHEREAS, an application has been filed with the City of Richfield which requests approval of a subdivision waiver for the division of property commonly known as 6600 Logan Avenue (“Subject Property”), legally described in Exhibit A, and; WHEREAS, the applicant proposes to divide the above-described parcel into two parcels, legally described in Exhibit B, and; WHEREAS, the City has fully considered the request for approval for the subdivision waiver; and WHEREAS, the City Council finds that compliance with City Code Section 500.05 Subdivision 1, requiring the property to be platted, would result in unnecessary hardship and that failure to comply therewith will not interfere with the purposes of the platting regulations of Section 500.01. WHEREAS, the City Council finds that failure to comply with minimum lot width and area requirements will not injure the public welfare and that the interests of the City and surrounding area are protected and the general intent and spirit of the subdivision regulations are preserved. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Richfield, Minnesota, as follows: 1. A waiver for the subdivision of the Subject Property legally described above is hereby granted. 2. City staff is authorized and directed to take any action necessary to effectuate this Resolution and to authorize the recording of conveyances complying with the terms of this Resolution. Adopted by the City Council of the City of Richfield, Minnesota this 9th day of March, 2021. _______________________ Maria Regan Gonzalez, Mayor ATTEST: ___________________________ Elizabeth VanHoose, City Clerk EXHIBIT A EXISTING PROPERTY DESCRIPTION Document No. 5746053 Lot 1 except that part thereof which lies Northeasterly of a line drawn from a point on the North Line of said Lot distant 12 feet West of the Northeast corner of said Lot to a point on the East line of said Lot distant 12 feet South of said Northeast corner, Block 3, "Fairwood Park". Reserving to County of Hennepin a permanent easement for highway purposes over all that part of the above described tract which lies northerly of the following described line: Beginning at the intersection of the west line of said Lot 1 and a line parallel with and distant 39.14 feet southerly of the north line of said Lot 1; thence easterly along said parallel line a distance of 92.15 feet; thence southeasterly, deflecting right 11 degrees 49 minutes 18 seconds a distance of 36.93 feet; thence easterly, deflecting left 5 degrees 40 minutes 48 seconds a distance of 6.87 feet to the east line of said Lot 1 and said line there terminating. Reserving to County of Hennepin a permanent easement for utility purposes over all that part of the above described tract which lies southerly of the above described highway easement and northerly and northeasterly of the following described line: Commencing at the northwest corner of said Lot 1; thence southerly along the west line of said Lot 1 on an assumed bearing of South 0 degrees 23 minutes 31 seconds East a distance of 63.36 feet to the point of beginning of the line being described; thence North 62 degrees 50 minutes 33 seconds East a distance of 30.64 feet; thence South 89 degrees 31 minutes 04 seconds East a distance of 63.60 feet; thence South 77 degrees 41 minutes 45 seconds East a distance of 34.25 feet; thence South 24 degrees 32 minutes 05 seconds East a distance of 16.70 feet; thence North 89 degrees 36 minutes 31 seconds East a distance of 3.79 feet to the east line of said Lot 1 and said line there terminating. Reserving to County of Hennepin the right to restrict all right of access, being the right of ingress to and egress from County State Aid Highway No. 53 over, under and across the land herein being conveyed. Reserving to County of Hennepin all mineral rights in said land pursuant to Minnesota Statute Section 373.01. EXHIBIT B PROPOSED PROPERTY DESCRIPTIONS PARCEL 1: The South 60.00 feet of Lot 1, Block 3, "Fairwood Park", Hennepin County, Minnesota. Reserving to County of Hennepin a permanent easement for highway purposes per Torrens Certificate of Title No. 1405418, over all that part of the above described tract which lies northerly of the following described line: Beginning at the intersection of the west line of said Lot 1 and a line parallel with and distant 39.14 feet southerly of the north line of said Lot 1; thence easterly along said parallel line a distance of 92.15 feet; thence southeasterly, deflecting right 11 degrees 49 minutes 18 seconds a distance of 36.93 feet; thence easterly, deflecting left 5 degrees 40 minutes 48 seconds a distance of 6.87 feet to the east line of said Lot 1 and said line there terminating. (continued) Reserving to County of Hennepin a permanent easement for utility purposes over all that part of the above described tract which lies southerly of the above described highway easement and northerly and northeasterly of the following described line: Commencing at the northwest corner of said Lot 1; thence southerly along the west line of said Lot 1 on an assumed bearing of South 0 degrees 23 minutes 31 seconds East a distance of 63.36 feet to the point of beginning of the line being described; thence North 62 degrees 50 minutes 33 seconds East a distance of 30.64 feet; thence South 89 degrees 31 minutes 04 seconds East a distance of 63.60 feet; thence South 77 degrees 41 minutes 45 seconds East a distance of 34.25 feet; thence South 24 degrees 32 minutes 05 seconds East a distance of 16.70 feet; thence North 89 degrees 36 minutes 31 seconds East a distance of 3.79 feet to the east line of said Lot 1 and said line there terminating. Reserving to County of Hennepin the right to restrict all right of access, being the right of ingress to and egress from County State Aid Highway No. 53 over, under and across the land herein being conveyed. Reserving to County of Hennepin all mineral rights in said land pursuant to Minnesota Statute Section 373.01. PARCEL 2: That part of Lot 1 lying North of the South 60.00 feet thereof, except that part which lies Northeasterly of a line drawn from a point on the North Line of said Lot distant 12 feet West of the Northeast corner of said Lot to a point on the East line of said Lot distant 12 feet South of said Northeast corner, Block 3, "Fairwood Park", Hennepin County, Minnesota. Reserving to County of Hennepin a permanent easement for highway purposes per Torrens Certificate of Title No. 1405418, over all that part of the above described tract which lies northerly of the following described line: Beginning at the intersection of the west line of said Lot 1 and a line parallel with and distant 39.14 feet southerly of the north line of said Lot 1; thence easterly along said parallel line a distance of 92.15 feet; thence southeasterly, deflecting right 11 degrees 49 minutes 18 seconds a distance of 36.93 feet; thence easterly, deflecting left 5 degrees 40 minutes 48 seconds a distance of 6.87 feet to the east line of said Lot 1 and said line there terminating. Reserving to County of Hennepin a permanent easement for utility purposes over all that part of the above described tract which lies southerly of the above described highway easement and northerly and northeasterly of the following described line: Commencing at the northwest corner of said Lot 1; thence southerly along the west line of said Lot 1 on an assumed bearing of South 0 degrees 23 minutes 31 seconds East a distance of 63.36 feet to the point of beginning of the line being described; thence North 62 degrees 50 minutes 33 seconds East a distance of 30.64 feet; thence South 89 degrees 31 minutes 04 seconds East a distance of 63.60 feet; thence South 77 degrees 41 minutes 45 seconds East a distance of 34.25 feet; thence South 24 degrees 32 minutes 05 seconds East a distance of 16.70 feet; thence North 89 degrees 36 minutes 31 seconds East a distance of 3.79 feet to the east line of said Lot 1 and said line there terminating. Reserving to County of Hennepin the right to restrict all right of access, being the right of ingress to and egress from County State Aid Highway No. 53 over, under and across the land herein being conveyed. Reserving to County of Hennepin all mineral rights in said land pursuant to Minnesota Statute Section 373.01. OLIVER AVE SNEWTON AVE SMORGAN AVE SLOGAN AVE S67TH ST W 66TH ST W R R R R C-1 C-2 MR-2 MU-C/PAC MU-C/PAC R-1R-1 R-1 6600LOGANAVE S 6600 NEWTONAVE S ± Surrounding Zoning 0 200 400100ft I:\GIS\Community Developme nt\Case Maps\2021\Logan and Newton Sub d Waivers Zoning .mxd Zoning Districts R Single-Family R-1 Low-DensitySingle-Family MR-1 Two-Family PMR Planned Multi-Family MR-2 Multi-Family MR-2/CAC Multi-Fam+ Cedar Overlay MR-3 High-DensityMulti-Family SO Service Office C-1 CommunityCommercial C-2 GeneralCommercial PC-2 Planned GeneralCommercial PMU Planned MixedUse MU-C Mixed Use-Community MU-C/CAC Mixed Use+ Cedar Overlay MU-C/PAC Mixed Use+ Penn Overlay MU-N Mixed Use-Neighborhood MU-R Mixed Use-Regional I Industrial Case No: 21-SUB-01 & 21-SUB-02 Logan & Newton Subd Waivers AGENDA SECTION:PUBLIC HEARINGS AGENDA ITEM #5. STAFF REPORT NO. 39 CIT Y COUNCIL ME E T ING 3/9/2021 RE P O RT P RE PA RE D B Y: C hris Regi s, F inance D irector D E PA RTM E NT D IRE C TOR RE V IE W: C hris Regi s, F inance D irector 2/16/2021 O TH E R D E PA RTM E NT RE V IE W: N/A . C ITY M A NA G E R RE V IE W: K atie Rodriguez, C ity Manager 2/17/2021 I T E M F O R C O UNC I L C O NS I D E RAT IO N: Public hearing and second reading of transitor y ordinance providing funding for certain capital improvements from the Special Revenue Fund. E X E C UT IV E S UM M ARY: As part of the Capital I mprovement Budget and annual C ity Budget process, certain special revenue funds are allocated eac h year to fund c apital projects identified through the budget proc ess. At the February 9, 2021 City Council meeting the Council approved the first reading providing for the expenditure of funds from the Special Revenue Fund for c ertain c apital improvements. The planned expenditures are as follows: · $50,000 for Major Park Maintenance P rojec ts/Fence Repair · $15,000 C ommunity C enter/W ood Lake Building Repair · $15,000 A ugsburg Park Play Equipment · $90,000 C hristian Park Play Equipment · $90,000 Fremont Park Play Equipment · $30,000 Madison Park Tennis Court Rebuild · $35,000 Outdoor Pool Liner Repair · $125,000 Veterans Park Parking Lot · $50,000 W ood Lake Nature Center Building Preliminary Design Also at the February 9, 2021 City Council meeting, the C ounc il approved an additional $50,000 for preliminary design of the new W ood Lake Nature Center building. This additional $50,000 will be reflec ted in the 2021 Revised B udget. The sourc e of the special revenue funds are profits derived from the C ity’s Liquor Store operation. These profits are transferred to the Liquor Contribution Spec ial Revenue Fund. Before the funds within the Special Revenue Fund c an be used for the identified capital projects, the City Charter requires that a transitory ordinance be used to authorize the expenditure of the funds. I n addition, the ordinance proc ess allows for public input through a public hearing. RE C O M M E ND E D AC T IO N: Conduct and close the public hearing and by motion: Approve second reading of the transitory ordinance providing for the expenditure of funds from the Special Revenue Fund for certain capital improvements. B AS IS O F RE C O M M E ND AT IO N: A.H IS TOR IC AL C ON TEXT The 2021 Capital I mprovement Budget also provides for expenditures for all ty pes of funds c ontained in the budget including municipal state aid, user fees, federal grants and state grants. Authorization by ordinanc e is not required for expenditures other than S pecial Revenues. B.P OL IC IE S (resolutions, ordinances, regulations, statutes, etc): City Charter S ec tion 7.12, Subd. 2 requires that Spec ial Revenue Funds used for c apital improvements must be authorized by ordinanc e. This process provides for public input through a public hearing. C.C R IT IC AL T IMIN G ISSU E S: Under S ec tion 3.09 of the City Charter, a transitory ordinanc e becomes effective 30 day s after publication of the second hearing notice. The ordinance requirements must be completed early enough in 2021 so that the c apital projec ts can be initiated on a timely basis, completed and the funds expended. D.F IN AN C IAL IMPAC T: W hile the total 2021 Capital I mprovements B udget (C I B) includes total budgeted expenditures of $29,585,000 the portion of C I B c oncerning proposed funding from the Spec ial Revenue fund is 450,000. · $50,000 Major Park Maintenance P rojec ts/Fence Repair · $15,000 Community Center/W ood Lake B uilding Repair · $15,000 Augsburg Park Play Equipment · $90,000 Christian Park Play Equipment · $85,000 Fremont Park Play Equipment · $30,000 Madison Park Tennis Court Rebuild · $35,000 Outdoor Pool Liner Repair · $125,000 Veterans Park Parking Lot · $50,000 W ood Lake Nature Center B uilding Preliminary Design $50,000 for W ood Lake Nature Building Preliminary D esign has been added to the approved budgeted amount. This amount will be reflected in the 2021 Revised Budget. A transitory ordinance is necessary to finalize the appropriations utilizing special revenue funds pursuant to City Charter. The sourc e of Spec ial Revenue funds is municipal liquor profits. E.L E GAL C ON S ID E R AT ION : The City Charter requires that a transitory ordinance be used to authorize the expenditure of Special Revenue funds. First reading of the ordinanc e was approved at the February 9, 2021 City Council meeting and a notice of public hearing was published on February 25, 2021. ALT E R N AT IV E R E C O MME N D AT IO N(S): The City Council c ould dec ide to authorize none or only a portion of the expenditures identified from special revenue in the C I B. P R IN C IPAL PAR TIE S EXP E C T E D AT ME E T IN G: None. AT TAC H ME N TS : D escripti on Type 2021 Transitory Ordinance March 2021 Ordinance BILL NO. TRANSITORY ORDINANCE NO. AN ORDINANCE PROVIDING FOR THE EXPENDITURE OF MONEY FROM THE SPECIAL REVENUE FUND FOR CERTAIN CAPITAL IMPROVEMENTS CITY OF RICHFIELD DOES ORDAIN: Section 1: 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, Subdivision 2 of the City Charter, are as follows: Major Park Maintenance/Fence Repair $ 50,000 Community Center/Wood Lake Building Repair $ 15,000 Augsburg Park Play Equipment $ 15,000 Christian Park Play Equipment $ 90,000 Fremont Park Play Equipment $ 90,000 Madison Park Tennis Court Rebuild $ 30,000 Outdoor Pool Liner Repair $ 35,000 Veterans Park Parking Lot $ 125,000 Wood Lake Nature Center Building Preliminary Design $ 50,000 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 this 9th day of March, 2021. Maria Regan Gonzalez, Mayor ATTEST: Elizabeth VanHoose, City Clerk AGENDA SECTION:PUBLIC HEARINGS AGENDA ITEM #6. STAFF REPORT NO. 40 CIT Y COUNCIL ME E T ING 3/9/2021 RE P O RT P RE PA RE D B Y: J enni fer A nderson, S upport S ervices Manager D E PA RTM E NT D IRE C TOR RE V IE W: J ay Henthorne, D irector of P ublic S afety/C hi ef of P olice 2/25/2021 O TH E R D E PA RTM E NT RE V IE W: N/A C ITY M A NA G E R RE V IE W: K atie Rodriguez, C ity Manager 3/3/2021 I T E M F O R C O UNC I L C O NS I D E RAT IO N: Public hearing and consider the approval of a new On-Sale W ine and 3.2 P er cent Malt Liquor licenses with outside service for Mos Eisley Cantina, L LC d/b/a Sandy's Tavern located at 6612 Penn Avenue South. E X E C UT IV E S UM M ARY: On Dec ember 28, 2020, the C ity rec eived the applic ation materials for new On-S ale W ine and 3.2 Percent Malt Liquor lic enses with outside service for Mos Eisley C antina, L L C d/b/a Sandy's Tavern located at 6612 Penn Avenue South. Sandy 's Tavern will be operating in the City under new ownership. All required information and documents have been received. All licensing fees have been paid. The Public Safety background investigation has been completed. The results of the investigation are summarized in an attac hment to this report. The P ublic Safety Director has reviewed the bac kground investigation report. There is nothing in the report that would cause the Public S afety D irec tor to rec ommend denial of the requested lic enses. RE C O M M E ND E D AC T IO N: Conduct and close the public hearing and by motion: Approve the issuance of new On-Sale W ine and 3.2 Percent Malt Liquor licenses with outside service for Mos Eisley Cantina, LL C d/b/a Sandy's Tavern located at 6612 Penn Avenue South. B AS IS O F RE C O M M E ND AT IO N: A.H IS TOR IC AL C ON TEXT The applic ant has satisfied the following requirements for issuance of licenses: The required license fees have been paid. Real estate taxes are current. P roof of c ommercial and liquor liability insurance have been rec eived showing Sequoia I nsurance C ompany, and S oc iety I nsuranc e as affording c overage. As a result of this being a new request for On-Sale W ine and 3.2 P erc ent Malt Liquor lic enses, there is no need for an acc ountant's statement regarding food/alcohol ratio. As stated in the Executive Summary, the Public Safety Director has reviewed the background information and sees no basis for denial. On-S ale W ine and 3.2 Percent Malt Liquor lic enses require owners of these establishments to comply with Resolution No. 9511, which outlines the disc ipline they can expect if any ongoing problems occ ur. A c opy of this resolution has been given to the owners of the establishment. There are no distanc e requirements to notify neighbors of the issuanc e of On-Sale W ine and 3.2 Perc ent Malt Liquor lic enses. B.P OL IC IE S (resolutions, ordinances, regulations, statutes, etc): Ric hfield C ity Code Section 1202 requires owners of On-Sale W ine and 3.2 Percent Malt Liquor license establishments to c omply with all the provisions of both City Code and State Statutes. C.C R IT IC AL T IMIN G ISSU E S: There are no critic al timing issues. D.F IN AN C IAL IMPAC T: Lic ensing fees have been rec eived. E.L E GAL C ON S ID E R AT ION : The requirements of Resolution No. 9511 must be met which outlines the discipline they can expect if any on-going problems occ ur. A c opy of this resolution has been given to the owners of the establishment. The Notice of Public Hearing was published in the Ric hfield Sun Current on February 25, 2021. ALT E R N AT IV E R E C O MME N D AT IO N(S): The C ounc il could deny the requested lic enses, whic h would mean the c urrent applicants would not be able to serve On-Sale W ine and 3.2 Percent Malt Liquor; however, P ublic Safety has found no basis to deny the lic ense. Schedule the hearing for another date; however, this will delay the licensing process. P R IN C IPAL PAR TIE S EXP E C T E D AT ME E T IN G: J ahn Brink - Owner AT TAC H ME N TS : D escripti on Type B ackground S ummary for S andy's Tavern C over Memo SUMMARY OF BACKGROUND INVESTIGATION FOR MOS EISLEY CANTINA, LLC D/B/A SANDY’S TAVERN Officers: Pejmon Nadimi- Owner Jahn Brink- Owner Criminal Histories: Criminal history checks were conducted on the applicants. Pejmon Nadimi has one conviction, from 2008, for driving while intoxicated. Jahn Brink has no convictions outside traffic offenses. Both applicants will be serving as the On-Premise Managers. Premises: The applicant has provided a copy of the rental agreement showing Arbor Sandy’s Properties, LLC, holding financial interest as lessor of the property. Record of Service Calls: Being this is a new business, there are no records of service calls. Violations: Being this is a new business, there are no violations for sale of alcohol to underage youth. Routine Information: On Sale Wine and 3.2 Percent Malt liquor licenses require owners of these establishments to comply with Resolution No. 9511, which outlines the discipline they can expect if any ongoing problems occur. A copy of this resolution has been given to the owners of the establishment. There are no distance requirements to notify neighbors of the issuance or renewal of On Sale Wine and 3.2 Percent Malt Liquor licenses. The notice of Public Hearing was published in the Richfield Sun Current on February 25, 2021. AGENDA SECTION:OTHER BUSINESS AGENDA ITEM #7. STAFF REPORT NO. 41 CIT Y COUNCIL ME E T ING 3/9/2021 RE P O RT P RE PA RE D B Y: B lanca Martinez Gavina D E PA RTM E NT D IRE C TOR RE V IE W: O TH E R D E PA RTM E NT RE V IE W: C ITY M A NA G E R RE V IE W: K atie Rodriguez, C ity Manager 3/5/2021 I T E M F O R C O UNC I L C O NS I D E RAT IO N: Consider the appointments to City advisory board and commissions. E X E C UT IV E S UM M ARY: Terms of several C ity advisory board and commission members expired on J anuary 31, 2021. I n addition, due to resignations there are mid-term vacancies that should be filled. Terms for advisory board and commissions are for three years. Please refer to the attached list of appointments for reference. The City Counc il directs the C ity Manager ’s offic e to conduc t an annual recruitment seeking applicants to fill the vac ancies. This recruitment inc ludes a press release and information on the City ’s website and social media platforms. Applicants were interviewed at a work session held on J anuary 23 and J anuary 30 and additional dates of Marc h 2 and Marc h 4 of 2021. Due to tec hnical difficulties in the initial round of rec ruitment, the two additional interview times were added in March to ensure acc ess and to fill remaining open seats. To ensure a quorum at future advisory board and c ommission meetings, the C ity Council should make appointments at the March 9, 2021 City Counc il meeting. RE C O M M E ND E D AC T IO N: By motion: Appoint members to fill the expiring or vacant terms on City advisory board and commissions referenced in the attached list. B AS IS O F RE C O M M E ND AT IO N: A.H IS TOR IC AL C ON TEXT This information is c ontained in the Exec utive S ummary. B.P OL IC IE S (resolutions, ordinances, regulations, statutes, etc): City advisory board and commissions were established by City ordinance or resolution. C.C R IT IC AL T IMIN G ISSU E S: Several terms of City advisory board and c ommission members expired on J anuary 31, 2021. To ensure a quorum at future advisory board and commission meetings, the City C ounc il should make appointments at the March 9, 2021 C ity Council meeting. D.F IN AN C IAL IMPAC T: None. E.L E GAL C ON S ID E R AT ION : None. ALT E R N AT IV E R E C O MME N D AT IO N(S): P R IN C IPAL PAR TIE S EXP E C T E D AT ME E T IN G: AT TAC H ME N TS : D escripti on Type C ommissi on descriptions B ackup Materi al C ommissi oner A ppointments B ackup Materi al CITY OF RICHFIELD APPLICATION FOR BOARDS & COMMISSIONS PLEASE RETURN COMPLETED FORM: City Manager's Office, Richfield Municipal Center, 6700 Portland Avenue, Richfield, MN 55423 OR E-MAIL – kwynn@richfieldmn.gov Phone: 612-861-9711 Last Name First Name Middle Initial Date Address Preferred Phone Email Address APPOINTMENT PREFERENCE: (Number in order of preference 1-5 or X if not interested) Advisory Board of Health Human Rights Commission Arts Commission Planning Commission Civil Service Commission Sustainability Commission Community Services Commission Transportation Commission Friendship City Commission Briefly discuss why you are interested in serving on a City advisory board/commission. What do you hope to gain from the experience and what do you plan to contribute? RETURNING APPLICANTS: If you are re- applying, please tell us what you gained from serving and why do you want to continue to serve? How would you describe yourself in ten words or less? *RETURNING APPLICANTS: Please provide examples on how you worked as team during your current role as a commissioner.* Please provide any civic, professional, and community activities you are involved in. *RETURNING APPLICANTS: As a current commissioner, please describe ways that you are getting feedback from community members and if reappointed how will you stay connected?* The City is committed to equity, diversity and inclusion and want to ensure that our commissions represent the great diversity in our community. Please describe in your own words what equity, diversity and inclusion mean to you and how it will show up in your work as a commissioner?* References: (optional) *RETURNING APPLICANTS: If you were absent more than 3 times to your commission meetings please elaborate:* ATTENTION COMMISSION APPLICANTS: Regular attendance at scheduled board and commission meetings is expected of all board and commission members. DATA PRIVACY NOTICE: All information that you supply is classified as private data except the following, which is public: name, city of residence, education and training, employment history, volunteer work, awards and honors, prior government service or experience. You are not legally required to provide the data classified as private. Otherwise, the private information that you supply is used for purposes of contacting you regarding board or commission business. Failure to provide any means of contacting you may negatively affect the City Council’s consideration of your appointment. The private information that you supply will be made available to City staff whose job assignments require access and to persons whom you authorize to have access. If you are appointed, the following private data will become public: street address, telephone or e-mail address (or both) that you designate for public contact, first and last dates of service on the public body; the existence and status of any complaints or charges against an appointee; and upon completion of an investigation of a complaint or charge against an appointee, the final investigative report is public, unless access to the data would jeopardize an active investigation. Updated: 01/2021 CITY ADVISORY BOARDS & COMMISSIONS Because citizen participation is an important ingredient for good government, Richfield's City Council has established various advisory commissions to encourage citizen participation in City matters, as well as to suggest new programs or policies and to serve as resident liaisons with the City Council. Residents are encouraged to apply if they are interested in serving on one of these commissions. The three-year terms of the members of each commission are staggered, so not all positions are vacant at one time. The commissions include: ADVISORY BOARD OF HEALTH: The Advisory Board of Health is a citizen’s commission that participates, on behalf of the City Council, in a review of the City’s local community health assessment and community health improvement plan (done every 5 years). The board also regularly receives information on health programs in the city to ensure that the services are addressing the health needs of Richfield's citizens as identified in that plan. The Community’s health improvement plan analyzes Richfield's health needs and how the present personal and environmental health programs meet those needs. This plan also serves as the City's application for state funding to support local health services. This board is composed of ten adult members appointed for three-year terms and one youth member appointed for a one-year term. The board meets the third Monday of the month, January through June, September and October at 6 p.m. at the Municipal Center. ARTS COMMISSION: The Arts Commission is charged with furthering and promoting art in many forms throughout Richfield. The commission provides opportunities for residents to participate in and experience art, as well as enhance our community by researching, creating, and facilitating opportunities to install and display art. The commission is composed of seven adult members appointed for three-year terms and two youth members appointed for one-year terms. The commission meets the first Thursday of each month (except July and December) at 7 p.m. at the Community Center. CIVIL SERVICE COMMISSION: Courage, integrity, and hard work are the values that guide the Fire Department. Are you a civic-minded resident wishing to give back to the community? The Civil Service Commission is a three-member commission tasked with ensuring City compliance with the Civil Service rules and regulations relating to fire employees. The duties and authority of this commission are prescribed by State Statutes. Meetings are held on an as-needed basis throughout the year. COMMUNITY SERVICES COMMISSION: The primary goal of the Community Services Commission is to help develop a year-round program of diversified recreational activities to meet the needs of Richfield citizens. The Commission holds informational meetings with neighbors to gather input on park improvement projects and makes recommendations to the City Council. The commission is composed of nine adult members appointed for three-year terms and two youth members appointed for one-year terms. The commission meets the third Tuesday of each month at 7 p.m. at the Community Center. FRIENDSHIP CITY COMMISSION: The Friendship City Commission is charged with maintaining an ongoing friendship city relationship with Heredia, Costa Rica for mutual community-wide enrichment. The commission is composed of seven adult members appointed for three-year terms and two youth members appointed for one-year terms. The commission meets the third Thursday of each month at 7 p.m. at the Municipal Center. HUMAN RIGHTS COMMISSION: The Human Rights Commission seeks to inform Richfield residents of their rights. It is available to help citizens who feel they have been discriminated against, or who need information regarding their civil rights. The commission also serves as a community relations board and sponsors an annual "Citizen of the Year" award to honor individuals who have been responsible for activities and programs contributing to human understanding. The commission is composed of 11 adult members appointed for three-year terms and two youth members appointed for one- year terms. Meetings are held the first Tuesday of each month at 6:30 p.m. at the Municipal Center. PLANNING COMMISSION: “The only thing that is constant is change.” (Hericlitus) Are you interested in helping to guide changes in Richfield; changes that will keep Richfield a thriving Urban Hometown that you can be proud to call home? If so, consider serving on the Planning Commission. The Planning Commission helps to develop the City’s long-term guide plans and reviews short-term individual development proposals. Previous experience is not necessary, but rather applicants who are thoughtful, respectful, and willing to weigh in on the future of Richfield. The commission is composed of seven adult members appointed for three-year terms. Meetings are held the fourth Monday of each month at 7 p.m. at the Municipal Center, with additional study sessions held roughly six times per year. SUSTAINABILITY COMMISSION: The Sustainability Commission works to support the education, promotion and implementation of environmentally sustainable measures and practices in the City of Richfield. The board also makes recommendations to the City Council regarding sustainability related initiatives and policies TRANSPORTATION COMMISSION: The Transportation Commission is responsible for making recommendations to the City Council on transportation planning including reviewing policy plans, conducting transportation studies, and overseeing the planning of transportation projects. The commission is also charged to recommend transportation capital improvements and prepare reports to Council on other related topics that the Council refers to the commission. The commission consists of nine adult members who are either residents or the owner/manager of a Richfield business appointed for three-year terms and two youth members appointed for one-year terms. Meetings are held the first Wednesday of each month at 7 p.m. at the Municipal Center. ADVISORY BOARD OF HEALTH ADULT COMMISSION VACANCIES Term Expires ARTS COMMISSION CIVIL SERVICE COMMISSION Carrie Schafer January 31, 2024 Patricia (Pixie) Pixler January 31, 2023 Aric Bieganek January 31, 2022 January 31, 2024 COMMUNITY SERVICES COMMISSION Brooke Nelson January 31, 2024 FRIENDSHIP CITY COMMISSION Aimee Page January 31, 2024 Courtney Kupsch January 31, 2024 AGENDA SECTION:OTHER BUSINESS AGENDA ITEM #8. STAFF REPORT NO. 42 CIT Y COUNCIL ME E T ING 3/9/2021 RE P O RT P RE PA RE D B Y: B lanca Martinez Gavina D E PA RTM E NT D IRE C TOR RE V IE W: O TH E R D E PA RTM E NT RE V IE W: C ITY M A NA G E R RE V IE W: K atie Rodriguez, C ity Manager 3/5/2021 I T E M F O R C O UNC I L C O NS I D E RAT IO N: Consider City C ouncil confirmation of the Mayor's appointment of a Housing and Redevelopment Authority Commissioner. E X E C UT IV E S UM M ARY: HRA Commissioner Pat Elliot was appointed to a five-year term in 2019. W ith Commissioner Pat Elliot resigning from his position, the HRA position becomes vac ant. The appointment is made by the May or and then c onfirmed by a majority of the C ity Council. The newly-appointed Commissioner will serve the remainder of former Commissioner P at Elliot five-y ear term which will expire on November, 12, 2023. The next regular HRA Meeting is scheduled to take place on Marc h 15, 2021. To ensure a quorum at that meeting and at future HRA meetings, the City C ounc il should make an appointment on Marc h 9, 2021. RE C O M M E ND E D AC T IO N: By Motion: Approve appointment of as H R A Commissioner commencing on March 9, 2020 and expiring November 12, 2023. B AS IS O F RE C O M M E ND AT IO N: A.H IS TOR IC AL C ON TEXT Please see exec utive summary. B.P OL IC IE S (resolutions, ordinances, regulations, statutes, etc): C.C R IT IC AL T IMIN G ISSU E S: To ensure a quorum at future meetings, the C ity Council should appoint an HRA C ommissioner on March 9, 2021. I f the C ity Council does not approve the HRA appointment, a quorum may not be present at future HRA meetings. D.F IN AN C IAL IMPAC T: None. E.L E GAL C ON S ID E R AT ION : Pursuant to Minnesota State Statutes (469.003, subd. 6), “commissioners shall be appointed by the mayor, with the approval of the governing body.” ALT E R N AT IV E R E C O MME N D AT IO N(S): The C ity Council c ould dec ide not to approve the appointment of an HRA c ommissioner. The C ity Council c ould defer the appointment to a future City Council Meeting. P R IN C IPAL PAR TIE S EXP E C T E D AT ME E T IN G: AT TAC H ME N TS : D escripti on Type HRA A ppointment B ackup Materi al HRA COMMISSION VACANCIES Term Expires Lee Ohnesorge November 12, 2023