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04-11-2023 City Council AgendaR EG U LAR C IT Y C O U N C IL MEET IN G R IC H F IE L D MU N IC IPAL C E N TE R, C O U N C IL C H AMB E R S AP R IL 11, 2023 7:00 P M IN TR O D U C TO RY P R O C E E D IN G S C all to order P ledge of A llegiance Open forum C all into the open forum by dialing 1-415-655-0001 U se webinar access code: 2452 284 3681 and password: 1234. P lease refer to the C ouncil A genda & M inutes web page for additional ways to submit comments. A pproval of the Minutes of the (1) S pecial C ity C ouncil Work S ession of March 25, 2023; (2) C ity C ouncil Work S ession of March 28, 2023; and (3) C ity C ouncil Meeting of March 28, 2023. AG E N D A APPR O VAL 1.A pproval of the A genda 2.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 .C onsider a request for site plan approval at 817 - 66th S treet E ast for an optometrist clinic. S taff Report No. 40 B .C onsider adoption of a resolution requesting an advance payment of Municipal S tate A id (MS A ) S treet F unds to collect funds available for the completion of ongoing and upcoming projects. S taff Report No. 41 C .C onsider approval of a bid tabulation and award of contract to C orrective A sphalt Materials, L L C for the 2023 Maltene P avement Rejuvenation P roject in the amount $100,700, and authorize the C ity Manager to approve contract changes under $175,000 without further C ity C ouncil consideration. S taff Report No. 43 D .C onsider approval of a Temporary On S ale Intoxicating L iquor license for the Richfield F oundation's A Toast To Richfield event to take place on Thursday, May 11, 2023, in the atrium area of Woodlake C enter, located at 6601 Lyndale Ave S outh. S taff Report No. 44 3.C onsideration of items, if any, removed from C onsent C alendar R E S O L U T IO N S 4.C onsider the adoption of a resolution approving the contract with the L abor and Trades L ocal 49 for the period January 1, 2023 through D ecember 31, 2023 and authorize the C ity Manager to execute the agreement. S taff Report No. 45 O T H E R B U S IN E S S 5.C onsider the appointments to C ity advisory board and commissions and the Richfield Tourism and P romotion B oard (RTP B ). S taff Report No. 46 C IT Y MAN AG E R’S R E P O R T 6.C ity Manager's Report C LAIMS AN D PAYR O L LS 7.C laims and P ayroll C O U N C IL D ISC U SSIO N 8.Hats Off to Hometown Hits 9.A djournment Auxiliary aids for individuals with disabilities are available upon request. Requests must be made at least 96 hours in advance to the City Clerk at 612-861-9739. CITY COUNCIL MEETING MINUTES Richfield, Minnesota Special City Council Work Session March 25, 2023 The retreat was called to order by Mayor Supple at 9:30 a.m. held in the Bartholomew Room. Council Members Mary Supple, Mayor; Ben Whalen; Simon Trautmann; Sharon Christensen; Present: and Sean Hayford Oleary Staff Present: Kelly Wynn, Administrative Assistant Item #1 MEETINGS WITH APPLICANTS OF THE CITY’S ADVISORY COMMISSIONS The City Council held meetings with the following applicants for appointment to City Advisory Boards and Commissions: Michael Zazzera Thu Nguyen Valerie Hurst-Baker Vidya Munusami Suzi Blumberg Mary Kindseth The work session was adjourned by unanimous consent at 12:07 p.m. Date Approved: April 11, 2023 Mary B. Supple Mayor Kelly Wynn Katie Rodriguez Administrative Assistant City Manager CALL TO ORDER ADJOURNMENT CITY COUNCIL MEETING MINUTES Richfield, Minnesota City Council Work Session March 28, 2023 CALL TO ORDER Mayor Supple called the work session to order at 5:45 p.m. in the Bartholomew Room. Council Members Present: Council Members Absent: Mary Supple, Mayor; Sharon Christensen; Ben Whalen; and Sean Hayford Oleary Simon Trautmann Staff Present: Katie Rodriguez, City Manager; Sack Thongvanh, Assistant City Manager; Chris Fierst, Liquor Operations Manager; Dustin Leslie, City Clerk; and Chris Swanson, Management Analyst ITEM #1 4-YEAR (2023-2027) STRATEGIC PLAN QUARTERLY UPDATE City Manager Rodriguez gave a brief update about the progress of the strategic plan and dashboard and asked for feedback from Council Members. Mayor Supple asked if there was a way to measure the amount of visitors to the dashboard. Management Analyst Swanson stated there was not a way to see how many people visit the dashboard but staff could see how many visited the website. He stated 83 people had visited the website since launch. Council Member Whalen stated he would be interested in seeing how many people visit the website and asked if it would be worth keeping the dashboard if not many people were visiting the site. City Manager Rodriguez stated it would still be useful for reporting purposes, telling stories, and decision making. Council Member Whalen stated it was helpful to have a comprehensive report at the beginning of the process but asked for more high-level reports over the course of the year. Management Analyst Swanson stated the dashboard is only at the starting point now and staff would look at other options as time went on. Council Member Hayford Oleary stated the director notes were helpful in better understanding the goals of the plan. Mayor Supple noted there were some benchmarks still waiting for progress updates. City Manager Rodriguez stated she was hopeful those benchmarks would be added by the end of 2023. City Council Work Session Minutes -2- March 28, 2023 Mayor Supple asked if any members of the public had given any feedback. City Manager Rodriguez stated there has not been any feedback received from residents yet. ITEM #2 RECAP PRESENTATION AND COUNCIL DISCUSSION ON THE REMOVAL OF ALL TOBACCO PRODUCTS FROM RICHFIELD LIQUOR STORES City Manager Rodriguez gave a brief introduction into the item. Assistant City Manager Thongvanh gave updates on the operations of the liquor store as well as funding streams from revenues. He noted the city was studying the effects of removing tobacco products from liquor stores. Liquor Operations Manager Fierst spoke about current inventory of tobacco products. Assistant City Manager Thongvanh spoke about challenges including worker turnover in the stores. Mayor Supple summarized the discussion and spoke about the financial outcomes of removing tobacco products. Council Member Hayford Oleary stated it would not be fair to new small business owners if the city could sell tobacco products but they could not. Council Member Whalen agreed with Council Member Hayford Oleary’s statement but noted there needed to be conversations about how the city would make up the lost income. Council Member Whalen asked for clarifications about where additional profits go other than the park budget and if other sources could be reduced. City Manager Rodriguez stated that since it is an enterprise fund, portions of it go to other city funds. She also stated staff was still researching how the funds could be moved around. In regards to making up lost revenue, City Manager Rodriguez stated the city would look at selling low potency THC products and other possibilities. She expected some lean years as the pandemic produced better sales only temporarily. Council Member Whalen asked if enterprise funds could be used to pay off bonding debts. City Manager Rodriguez stated she was unsure if liquor store profits could be used to keep up building maintenance. Council Member Hayford Oleary and Assistant City Manager Thongvanh discussed liquor store profits and how one store was underperforming more than others. Council Member Hayford Oleary stated he would be comfortable with closing one store if underperforming. Council Member Whalen added that selling the store in a prime location could help the city financially. Mayor Supple stated she understood both sides and asked if the prohibition of tobacco products would cause customers to go to other liquor stores instead. Liquor Operations Manager Fierst stated tobacco was a convience product and that it would be hard to say if they drove overall sales. City Manager Rodriguez spoke about Council Member Trautmann’s views and that he could go either way depending on how the rest of the Council would vote. Council Member Christensen stated she would support ending tobacco sales in liquor stores giving the measure a majority vote along with Council Members Hayford Oleary and Whalen. City Manager Rodriguez asked if this item should come to Council when adult-use cannabis legislation was completed at the legislature. Council agreed with that decision. City Council Work Session Minutes -3- March 28, 2023 Mayor Supple stated if a prohibition was put in place, business owners should be notifed ahead of time. City Manager Rodriguez stated there would be at least six months notice to business owners. ADJOURNMENT Mayor Supple adjourned the work session at 6:16 pm Date Approved: April 11, 2023 Mary B. Supple Mayor Dustin Leslie Katie Rodriguez City Clerk City Manager CALL TO ORDER The meeting was called to order by Mayor Supple at 7:00 p.m. in the Council Chambers. Council Members Present: Mary Supple, Mayor; Sharon Christensen; Sean Hayford Oleary; and Ben Whalen Council Members Absent: Simon Trautmann Staff Present: Katie Rodriguez, City Manager; Mary Tietjen, City Attorney; Melissa Poehlman, Community Development Director; Jennifer Anderson, Support Services Manager; Chris Swanson, Management Analyst; and Dustin Leslie, City Clerk PLEDGE OF ALLEGIANCE Mayor Supple led the Pledge of Allegiance. OPEN FORUM Mayor Supple reviewed the options to participate: • Participate live by calling 1-415-655-0001 during the open forum portion • Call prior to meeting 612-861-9711 • Email prior to meeting kwynn@richfieldmn.gov Kathleen Balaban, 6526 Stevens Avenue South, asked Council to reconsider allowing citizens to show PowerPoint presentations at the Open Forum. She urged the city in the Strategic Plan to add that it would communicate and work with the city’s residents also. APPROVAL OF MINUTES M/Hayford Oleary, S/Whalen to approve the minutes of the: (1) Joint City Council and HRA Work Session of September 6, 2023; (2) Regular City Council Meeting of March 14, 2023. Motion carried: 4-0 CITY COUNCIL MEETING MINUTES Richfield, Minnesota Regular Council Meeting March 28, 2023 City Council Meeting Minutes -2- March 28, 2023 ITEM #1 PROCLAMATION CELEBRATING RUTHANN CLAY Mayor Supple invited Ruthann Clay to accept the proclamation and read aloud the proclamation. Ms. Ruthann Clay stated she cared deeply for the city and the historical society. She thanked the city for the proclamation. Council Member Whalen noted he has had the opportunity to work with Ms. Clay. He thanked her for all of her years of service to the community. ITEM #2 APPROVAL OF THE AGENDA M/,Whalen S/Hayford Oleary to approve the agenda. Motion carried: 4-0 ITEM #3 CONSENT CALENDAR City Manager Rodriguez presented the consent calendar. A. Consider approval of a release of claims agreement with Kimley-Horn and Associates, Inc., and accept reimbursement in the amount of $18,551.01 for construction costs incurred by the City due to a mistake on the 65th St Reconstruction Project construction plans (Staff Report No. 36) B. Consider the approval of two utility occupancy license agreements with Soo Line Railroad Company at the railroad crossing at 65th St. and Pleasant Ave as part of the 65th Street Reconstruction Project (Staff Report No. 39) M/Whalen, S/Christensen to approve the consent calendar. Motion carried: 4-0 ITEM #4 CONSIDERATION OF ITEMS, IF ANY, REMOVED FROM CONSENT CALENDAR None. ITEM #5 THE SECOND READING OF AN ORDINANCE AMENDMENT TO ELIMINATE THE MINIMUM LOT SIZE REQUIREMENT FOR A PLANNED UNIT DEVELOPMENT (STAFF REPORT NO. 37) Council Member Hayford Oleary presented Staff Report 37. Council Member Whalen asked for examples of past projects where PUD’s were applied. Community Development Director Poehlman noted it could vary from project to project including where City Council Meeting Minutes -3- March 28, 2023 setbacks are needed, landscaping plans, etc. can be varied in order to get the type of project the Comprehensive Plans called for. She noted in many cases they would be asked to do something above and beyond code requirements in exchange. Council Member Hayford Oleary stated he was in support of the size condition as he did not believe that was a useful way to judge this, but he did worry about changing the rules for certain properties rather than keeping things that work universally in the future. Mayor Supple stated one of the things she understood was that this could apply only to items that say planned in front of them and it was not the entire city. Community Development Director Poehlman responded in order to have a PUD, it was necessary to rezone to a PUD district. However, if it was already zoned with a “P” in front, then they could use this flexibility. M/Hayford Oleary, S/Whalen to approve the Ordinance amending the Zone Code Regulations to eliminate the minimum lot size requirement for a Planned Unit Development and the associated Resolution approving summary publication of an Ordinance to eliminate the minimum lot size requirement for a planned unit development. BILL NO. 2023-3 AN ORDINANCE AMENDING THE RICHFIELD ZONING CODE REGULATIONS TO ELIMINATE THE MINIMUM LOT SIZE REQUIREMENT FOR A PLANNED UNITY DEVELOPMENT RESOLUTION NO. 12079 RESOLUTION APPROVING SUMMARY PUBLICATION OF AN ORDINANCE TO ELIMINATING THE MINIMUM LOT SIZE REQUIREMENT FOR A PLANNED UNIT DEVELOPMENT SUMMARY PUBLICATION BILL NO. 2023-3 AN ORDINANCE AMENDING THE RICHFIELD ZONING CODE REGULATIONS ELIMINATING THE MINIMUM LOT SIZE REQUIREMENT FOR A PLANNED UNIT DEVELOPMENT Council Member Whalen stated his understanding is that this is not that they are moving toward every development becoming Planned Unit Developments, but rather this would allow the flexibility that if a developer was proposing something the city thought was worth flexibility, that the option was there but it would still go through the full vetting process. He stated he was in support of this. Council Member Hayford Oleary asked how the PUD’s worked when changes were made to the zoning code. Community Development Director Poehlman explained the process and noted it was dealt with individually but it was based on the current code. Motion carried: 4-0 ITEM #6 CONSIDER THE APPROVAL OF A RESOLUTION ALLOWING STAFF TO EXECUTE ALL NECESSARY DOCUMENTS TO OPT-IN TO THE NEW OPIOID SETTLEMENTS INCLUDING TEVA, ALLERGAN, CVS, WALGREENS, AND WALMART (STAFF REPORT NO. 38) Council Member Whalen presented Staff Report 38. City Council Meeting Minutes -4- March 28, 2023 M/Whalen, S/Hayford Oleary to authorize staff to execute documents to ensure participation in the new opioid settlement funding. RESOLUTION NO. 12080 RESOLUTION AUTHORIZING STAFF TO EXECUTE DOCUMENTS TO ENSURE PARTICIPATION IN NEW OPIOID SETTLEMENT FUNDING Mayor Supple asked if the funds passed through the city and then the city sent it through to the Health Department or was this separate. Jennifer Anderson explained how the funds would be handled. She indicated this was saying Richfield was opting in so they could become part of the settlement. Motion carried: 4-0 ITEM #7 CITY MANAGER REPORT City Manager Rodriguez indicated on the previous Open Forum Mr. Ernster and Ms. Best had requested information. She noted she would be sending additional details to them by email. She noted the PowerPoint presentation given by Mr. Ernster and Ms. Best contained inaccuracies which was understandable as TIF was complicated. She recommended if anyone wanted to learn more about the issue to view the presentation from the Ehlers that they made at the March 6 Work Session. She noted the elimination of the minimum assessment agreement would not reduce the payments to the city, county, or school district. City Manager Rodriguez stated Ms. Balaban noted at the previous Open Forum that Ms. Balaban had requested that all city meetings be videotaped. She indicated currently there was not the staff capacity or the technology in every meeting room to videotape all meetings. She indicated the Council, the Planning Commission, and the HRA meetings would continue to be videotaped. City Manager Rodriguez indicated Ms. Balaban had also requested the Commission members be provided city email addresses. She stated staff was hoping to be able to do this and they are currently researching the best way to facilitate this. City Manager Rodriquez stated Ms. Balaban had also requested the Community Development Department not staff multiple commissions. She indicated CDC only staffs the Planning Commission, the HRA, and the EDA and not the Charter Commission. She noted the HRA and EDA had the same governing board and had consecutive meetings also. ITEM #8 CLAIMS AND PAYROLL M/Whalen, S/Hayford Oleary that the following claims and payrolls be approved: U.S. BANK 03/28/2023 A/P Checks: 313355 - 313585 $1,243,113.76 Payroll: 177237 – 177539, 43636 $761,732.20 TOTAL $2,004,845.96 Motion carried: 4-0 City Council Meeting Minutes -5- March 28, 2023 ITEM #9 HATS OFF TO HOMETOWN HITS Council Member Whalen stated on April 15 the League of Woman Voters was hosting the Ecofair. Council Member Christiansen stated she had no report. Council Member Hayford Oleary thanked the city’s public works and engineering staff for winning an infrastructure grant. He thanked Will Wlizlo at the school district for looking for grants for the city. Mayor Supple noted the Richfield Chamber of Commerce had their Circle of Excellence Awards earlier this month. She congratulated the award recipients. She did a shout out to the Richfield public schools for their Job Olympics. She noted the Richfield Foundation was starting planning for their Taste of Richfield to be held on May 11 and were looking for volunteers and sponsors. She shouted out to the Minnesota Whitecaps who made it to the playoffs for the Isobel Cup. She thanked everyone who came for the Commission interviews. ITEM #10 ADJOURNMENT M/Hayford Oleary, S/Whalen to adjourn the meeting at 7:39 p.m. Motion carried: 4-0 Date Approved: April 11, 2023 Mary Supple Mayor Kelly Wynn Katie Rodriguez Administrative Assistant City Manager AGENDA SECTION:CONSENT CALENDAR AGENDA ITEM #2.A. STAFF RE P ORT NO. 40 CIT Y COUNCIL ME E T ING 4/11/2023 RE P O RT P RE PA RE D B Y: Nellie Jerome, P lanner I D E PA RTME NT D IRE C TO R RE V IE W: Melissa P oehlman, C ommunity D evelopment D irector 4/3/2023 O THE R D E PA RTM E NT RE V IE W: C ITY MA NA G E R RE V IE W: K atie Rodriguez, C ity Manager 4/4/2023 I T E M F O R C O UNC IL C O NS ID E RAT I O N: Consider a request for site plan approval at 817 - 66th Street East for an optometrist clinic. E X E C UT IV E S UM M ARY: Swoop Eye Care (Applicant) is requesting site plan approval for a new optometry clinic at 817 - 66th Street East. Optometry clinics are a permitted use in the C-2, General Business, Zoning District but because this is a change in use from a restaurant to a clinic, a site plan approval is required. There is no expansion or increase in use, and interior modifications are planned to turn the space from a restaurant into a clinic. RE C O M M E ND E D AC T I O N: By motion: Approve the attached site plan for 817 - 66 th Street East. B AS IS O F RE C O M M E ND AT I O N: A.H IS TOR IC AL C ON T E X T A Conditional Use Permit (C UP) for a type I restaurant was granted for this property in late 2021. The C UP expired in late 2022 after no work was started on the restaurant. B.P OL IC IE S (resolutions, ordinances, regulations, statutes, etc): Subsection 534.03 of the Richfield Zoning Code establishes rules for Permitted uses in the C-2, General Business District. C.C R IT IC AL T IMIN G IS S U E S: 60-D AY RUL E: The 60-day clock 'started' when a complete application was received on March 2, 2023. A decision is required by May 2, 2023, or the City must notify the applicant that it is extending the deadline (up to a maximum of 60 additional days or 120 days total) for issuing a decision. D.F IN AN C IAL IMPAC T: None. E.L E GAL C ON S ID E R AT ION: Notice of the Planning Commission's public hearing was published in the Sun Current newspaper on March 16, 2023, and was mailed to properties within 350 feet of the site. The Planning Commission voted unanimously to approve the site plan at their March 27 meeting. ALTE R N AT IV E R E C O MME N D ATIO N(S): Approve the request with additional and/or modified stipulations. Deny the request with a finding that the proposal does not meet City requirements. P R IN C IPAL PAR TIE S E X P E C TE D AT ME E TIN G: Michael W allerich, Swoop Eye Care AT TAC H ME N T S: D escription Type Resolution Resolution L etter C ertificate of S urvey B ackup Material S ite P lan B ackup Material B uilding Rendering B ackup Material B usiness D esciption B ackup Material Zoning Map B ackup Material RESOLUTION NO. RESOLUTION APPROVING A SITE PLAN FOR AN OPTOMETRY CLINIC AT 817 - 66TH STREET EAST WHEREAS, an application has been filed with the City of Richfield which requests site plan approval use to allow an optometry clinic at the property commonly known as 817 - 66th Street East and legally described as follows: Lots 3 and 4, and the East 1/2 of Lot 2, and the North 10.00 feet of the East 10.00 feet of the West 1/2 of Lot 2; Block 3, Terrace Gardens, Hennepin County, Minnesota. WHEREAS, the Richfield Zoning Code section 547.13 requires that site a plan approval be obtained in order to expand or change the use of a building or lot; and, WHEREAS, the Planning Commission of the City of Richfield held a public hearing and recommended approval of the requested conditional use permit at its March 27, 2023, meeting; and, WHEREAS, notice of the public hearing was published in the Sun Current on March 16, 2023 and mailed to properties within 350 feet of the subject property on March 14, 2023; and WHEREAS, the City has fully considered the request for approval of the site plan. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Richfield, Minnesota, as follows: 1. A site plan approval is issued to allow an optometry clinic on the property legally described above. 2. This site plan approval is subject to the following conditions in addition to those specified in Section 547.13 of the City’s Zoning Ordinance:  A final landscaping plan that meets Zoning Code requirements, specifically those for parking lot screening, must be submitted prior to the issuance of building permits .  All trash must be stored indoors or in the dumpster enclosure constructed on the subject property, in compliance with Zoning Code Section 544.05.  The applicant is responsible for obtaining all required permits, compliance with all requirements detailed in the City’s Administrative Review Committee Report da ted September 2, 2021, and compliance with all other City and State regulations.  Prior to the issuance of an occupancy permit the applicant must submit a surety equal to 125% of the value of any improvements and/or requirements not yet complete. This surety shall be provided in the manner specified by the Zoning Code. 3. The site plan approval shall expire one year after issuance unless 1) the use for which the permit was granted has commenced; or 2) Building permits have been issued and substantial work performed; or 3) Upon written request of the applicant, the Council extends the expiration date for an additional period not to exceed one year. Expiration is governed by the City Zoning Ordinance, Section 547.13, Subdivision 9. Adopted by the City Council of the City of Richfield, Minnesota this 11th day of April 2023. _______________________ Mary B. Supple, Mayor ATTEST: ___________________________ Dustin Leslie, City Clerk DW 113 1424 66TH STREET EAST ELLIOT AVEEXISTING NEIGHBORING BUILDING ~129.18' 31' - 2"79' - 10"18' - 0"50' - 2"~54.7'EXISTING BUILDING 3,840 GSF EXISTING SIDEWALK(S) EXISTING PARKING LOT EXISTING PARKING LOT EXISTING SIDEWALK(S) EXISTING PATIO EXISTING FENCE(S) EXISTING MONUMENT SIGN EXISTING TREES EXISTING LANDSCAPING EXISTING NEIGHBORING BUILDING EXISTING PILLARS & FENCE EXISTING FIRE HYDRANT PROPERTY LINE EXISTING MEDIAN EXISTING FENCE~200.09'EXISTING AWNINGS 6' - 6"2 3' - 6" NEW WOOD FENCE W/ GATE FOR SCREENING TRASH & RECYCLING BINS. -MATCH FINISH TO BUILDING'S EXTERIOR COLOR SCHEME. EXISTING LANDSCAPING TO BE IDENTIFIED & ADDITIONAL LANDSCAPING TO BE PROVIDED AS REQUIRED 2 Project Number Date 901 N. Third St # 135 Minneapolis, MN 55401 www.foundationarch.com 612.340.5430 I hereby certify that this plan, specification, or report was prepared by me or under my direct supervision and that I am a duly registered architect under the Robert A. Shaffer copyright 2023 Date 02.08.2023 Reg. No. 20803 CONSTRUCTION DOCUMENT SET 02.08.2023 A101 ARCHITECTURAL SITE PLAN 03-09-2023 23-01SWOOP EYE CARE817 E 66TH STRICHFIELD, MN 5542301" = 20'-0"A101 ARCHITECTURAL SITE PLAN 20'10'40' 1 PROJECT NARRATIVE: LEGAL DESCRIPTION: Property ID number: 26-028-24-31-0122 (SEE SURVEY) NARRATIVE: THE PROJECT IS A REMODEL OF AN EXISTING COMMERCIAL BUILDING FOR A NEW EYE CARE CLINIC & FUTURE TENANT SPACE. THE BUILDING WAS PREVIOUSLY USED AS A RESTAURANT. AN EYE CARE CLINIC HAS BEEN CONFIRMED AS A PERMITTED USE WITHIN THE C-2 GENERAL COMMERCIAL ZONING. ANTICIPATED COMPLETION DATE: 13 WEEKS FROM START OF CONSTRUCTION ~ 07/14/2023 EFFECT OR IMPACT: WE BELIEVE THE PROJECT WILL HAVE A POSITIVE IMPACT ON THE SURROUNDING AREA WITH THE UPDATED EXTERIOR FINISHES & REINVESTMENT INTO THE BUILDING. ZONING: C-2 GENERAL COMMERCIAL No. Description Date 1 CITY SITE PLAN REVIEW 02/20/23 2 ARC RESPONSES 03/09/2023 Date: 02/17/2023 RE: Operating Hours and Number of Employees To Richfield City Council, Swoop Eye Care is an eye clinic offering both clinical services and retail eyewear. Dr. Michael Wallerich, the owner and optometrist, provides comprehensive and specialty eye care services that attracts patients from the Twin Cities community as well as patients from the surrounding Midwest region. The practice will focus on providing eye care within the following areas: • Comprehensive eye care (routine eye exams) • Pediatric eye care (infancy to 18 years of age) • Specialty contact lenses • Neuro-Optometric Evaluations and Rehabilitation The clinic will also offer a retail optical to provide quality eyewear options for Swoop Eye Care patients and customers. Hours of Operation: Monday-Friday: 08:00AM-06:00PM Saturday: 08:00AM-04:00PM Sunday: Closed Number of Employees: 5 full time If Richfield City Council or any other parties have any questions, please do not hesitate to reach out to Dr. Wallerich. Sincerely, Dr. Michael Wallerich, OD, MBA Optometrist/CEO/Owner C: (612) 889-8861 F: (612) 299-1260 E: Michael@WallerichEyeCare.com VPA Zoning Overlay 13TH AVE S14TH AVE S12TH AVE S11TH AVE S64TH ST E 66TH STE PORTLANDAVEPORTLAND AVE68TH ST E 67TH ST E 66TH ST E 65TH ST E CHICAGO AVECOLUMBUS AVE10TH AVE SELLIOT AVEPARK AVEOAKLAND AVEPORTLAND AVE± Surrounding Zoning 0 490 980245ft I:\G IS\Community Develop me nt\Case Maps\2023 \81 7 66th St E Zo ning map 032 72023 .mxd Zoning Districts Parks R Single-Family MR-1 Two-Family MR-2 Multi-Family MR-3 High-DensityMulti-Family C-2 GeneralCommercial 817 66th Street East VPA OverlayBoundary Case No: 23 -SP-01 817 66th Street East AGENDA SECTION:CONSENT CALENDAR AGENDA ITEM #2.B. STAFF RE P ORT NO. 41 CIT Y COUNCIL ME E T ING 4/11/2023 RE P O RT P RE PA RE D B Y: Olivia Wycklendt, C ivil E ngineer D E PA RTME NT D IRE C TO R RE V IE W: K ristin A sher, P ublic Works D irector 4/4/2023 O THE R D E PA RTM E NT RE V IE W: N/A C ITY MA NA G E R RE V IE W: K atie Rodriguez, C ity Manager 4/4/2023 I T E M F O R C O UNC IL C O NS ID E RAT I O N: Consider adoption of a resolution requesting an advance payment of Municipal State Aid (MS A) Street Funds to collect funds available for the completion of ongoing and upcoming projects. E X E C UT IV E S UM M ARY: Staff recommends the City Council adopt the proposed resolution requesting an advancement of MS A funds. These funds would then be available to cover costs related to the ongoing 77th St Underpass and 65th St Reconstruction projects and the upcoming 494 Project 1. The maximum amount of MS A funds that Richfield can request is typically $4,000,000. To help fund the ongoing and upcoming projects within the City, Richfield staff have identified the following amounts needed to cover expenditures at this time: 494 Project 1: $2,700,000 (local capital costs of $2.2M plus staff time) 77th St Underpass Project: $400,000 65th St Reconstruction Project: $900,000 These amounts do not constitute the anticipated total funding needs for these projects, so additional advance requests may be recommended in the coming years. Richfield Staff are recommending the City Council request an advance for these amounts. RE C O M M E ND E D AC T I O N: By Motion: Adopt the resolution requesting an advance payment of Municipal State Aid Funds to collect funds available for the completion of ongoing and upcoming projects. B AS IS O F RE C O M M E ND AT I O N: A.H IS TOR IC AL C ON T E X T Minnesota Statutes, section 162.14 provides for municipalities to make advances from future year ’s allocations. The MnD OT State Aid Office solicits requests for advances on a year-by-year basis depending on the current statewide fund balance. Advances are limited to five times the municipalities’ last construction allotment or $4,000,000, whichever is less. B.P OL IC IE S (resolutions, ordinances, regulations, statutes, etc): MnD OT requires that all State Aid Street Fund advances be made via City Council resolution. C.C R IT IC AL T IMIN G IS S U E S: MnD OT State Aid Office traditionally considers advance requests on a first come, first serve basis. MnD OT intends to request payment from the City in the amount of $2.2M for the 494 Project 1 yet this spring. D.F IN AN C IAL IMPAC T: Richfield MS A balance as of 3/29/2023 - $102,661.78 2023 Allocation - $1,779,836.00 ($1,334,877.00 allocated in J anuary 2023) 2023 Advance Request Total - $4,000,000.00 (maximum allowable) E.L E GAL C ON S ID E R AT ION: The City Attorney will be available to answer any questions. ALTE R N AT IV E R E C O MME N D ATIO N(S): None P R IN C IPAL PAR TIE S E X P E C TE D AT ME E TIN G: None AT TAC H ME N T S: D escription Type Resolution Resolution L etter RESOLUTION NO. RESOLUTION AUTHORIZING AN ADVANCE OF 2023 MUNICIPAL STATE AID STREET FUNDS WHEREAS, the Municipality of Richfield is planning to implement 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 is currently completing or planning to start 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 3/29/2023 $ 102,661.78 Less estimated disbursements: Project # 157-108-035 $ 400,000 Project # 157-030-007 $ 2,700,000 Project# 157-104-005;157-105-006; 157-363-034 $ 900,000 Project # $ NA Project # $ NA Bond Principle (if any) $ NA Project Finals (overruns-if any) $ NA Other_________________ $ NA Total Estimated Disbursements $ 4,000,000 Advance Amount (amount in excess of acct balance) $ 3,897,338.22 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 $3,897,338.22 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 11th day of April, 2023. Mary Supple, Mayor ATTEST: Dustin Leslie, City Clerk   AGENDA SECTION:CONSENT CALENDAR AGENDA ITEM #2.C. STAFF RE P ORT NO. 43 CIT Y COUNCIL ME E T ING 4/11/2023 RE P O RT P RE PA RE D B Y: Olivia Wycklendt, C ivil E ngineer D E PA RTME NT D IRE C TO R RE V IE W: K ristin A sher, P ublic Works D irector 4/4/2023 O THE R D E PA RTM E NT RE V IE W: N/A C ITY MA NA G E R RE V IE W: K atie Rodriguez, C ity Manager 4/4/2023 I T E M F O R C O UNC IL C O NS ID E RAT I O N: Consider approval of a bid tabulation and award of contract to Corrective Asphalt Materials, LL C for the 2023 Maltene Pavement Rejuvenation Project in the amount $100,700, and authorize the City Manager to approve contract changes under $175,000 without further City Council consideration. E X E C UT IV E S UM M ARY: Pavement Preservation Program I n 2018, the City initiated a thorough pavement preservation and maintenance program for streets that follows the Accelerated Mill and Overlay program. The intent is to preserve the new road surface and further extend pavement life in an effort to preserve the City's investment in Richfield streets. The maintenance program includes: Maltene Pavement Rejuvenation or Reclamite application (1-3 years following mill and overlay) Crack Sealing (1-3 years following mill and overlay) Sealcoat or other application (7-10 years following mill and overlay) This year's Reclamite application will be performed on the streets that were resurfaced in 2021 and 2022, as well as Lyndale Ave, which was reconstructed in 2019. Bids for the project were opened on March 23rd, 2023. Corrective Asphalt Materials, LL C was the only bidder, with a bid of $100,700. The Preservation Process After paving, asphalt settles and dries out causing surface voids to form that allow water into the pavement and ultimately lead to cracking and other forms of pavement failure. Maltene based pavement rejuvenation, using the product known as Reclamite, soaks into these voids to seal them. T his process gives the asphalt more durability and flexibility, and results in longer pavement life. RE C O M M E ND E D AC T I O N: By motion: Approve the bid tabulation and award of contract to Corrective Asphalt Materials, LL C for the 2023 Maltene Pavement Rejuvenation Project in the amount $100,700, and authorize the City Manager to approve contract changes under $175,000 without further City Council consideration. B AS IS O F RE C O M M E ND AT I O N: A.H IS TOR IC AL C ON T E X T Maltene based pavement rejuvenation/Reclamite has been a critical part of the preservation of the City's investment in the 6-year Accelerated Mill & Overlay program. All of the City's local roadways are monitored on an annual basis, and roads not resurfaced during the Accelerated Mill and Overlay project are resurfaced as needed. B.P OL IC IE S (resolutions, ordinances, regulations, statutes, etc): W hen the amount of purchase is estimated to exceed $175,000, sealed bids shall be solicited by public notice in the manner and subject to the law governing contracts or purchases by the City of Richfield. W hile this contract is below the $175,000 purchasing threshold, Staff is seeking City Council approval because bids were solicited through the formal competitive bidding process. C.C R IT IC AL T IMIN G IS S U E S: The maltene based pavement rejuvenation should be completed by the fall. Regular preventive maintenance techniques are effective in delaying costly street reconstruction projects. D.F IN AN C IAL IMPAC T: One (1) bid was received for the 2023 Maltene Pavement Rejuvenation project. The lowest responsive and responsible bid was $100,700 submitted by Corrective Asphalt Materials, LLC. This work is budgeted and funded through the existing franchise fees. E.L E GAL C ON S ID E R AT ION: The advertisement for bid for the project was published in the Richfield Sun-Current and on the Questcdn.com website on March 2nd, 2023. Bid opening was held on March 23rd, 2023. A copy of the bid tabulation is attached. ALTE R N AT IV E R E C O MME N D ATIO N(S): None P R IN C IPAL PAR TIE S E X P E C TE D AT ME E TIN G: None AT TAC H ME N T S: D escription Type S igned bid tab E xhibit 2023 Reclamite Map E xhibit CITY OF RICHFIELD, MINNESOTA Bid Opening March 23, 2023 1:00 p.m. Maltene Based Asphalt Rejuvenating Agent Project Bid No. 23-01 Pursuant to requirements of Resolution No. 1015 and the City Code, a meeting of the Administrative Staff was called by City Clerk Dustin Leslie who announced that the purpose of the meeting was to receive; open and read aloud bids for the Maltene Based Asphalt Rejuvenating Agent Project, as advertised in the official newspaper on March 2, 2023. Present: Dustin Leslie, City Clerk Jack Whipple, Civil Engineer Olivia Wycklendt, Civil Engineer Chris Swanson, City Manager Representative The following bids were submitted and read aloud: Bidder’s Name Bond Non- Collusion Intent to Comply Responsible Contractor Certificate Total Base Bid Corrective Asphalt Materials, LLC Provided Provided Provided Provided $100,700.00 The City Clerk announced that the bids would be tabulated and considered at the April 11, 2023 City Council Meeting. _______________________ Dustin Leslie, City Clerk AGENDA SECTION:CONSENT CALENDAR AGENDA ITEM #2.D. STAFF RE P ORT NO. 44 CIT Y COUNCIL ME E T ING 4/11/2023 RE P O RT P RE PA RE D B Y: Jennifer A nderson, S upport S ervices Manager D E PA RTME NT D IRE C TO R RE V IE W: Jay Henthorne, D irector of P ublic S afety/C hief of P olice 4/3/2023 O THE R D E PA RTM E NT RE V IE W: N/A C ITY MA NA G E R RE V IE W: K atie Rodriguez, C ity Manager 4/4/2023 I T E M F O R C O UNC IL C O NS ID E RAT I O N: Consider approval of a Temporary On Sale Intoxicating Liquor license for the Richfield Foundation's A Toast To Richfield event to take place on Thursday, May 11, 2023, in the atrium area of Woodlake Center, located at 6601 Lyndale Ave South. E X E C UT IV E S UM M ARY: On March 7, 2023, the City received application materials for a Temporary On Sale I ntoxicating Liquor license for the Richfield Foundation's A Toast To Richfield event to take place on Thursday, May 11, 2023. The event will take place from 6:30 p.m. to 9:00 p.m. in the atrium area of W oodlake Center, located at 6601 Lyndale Avenue South. The request is to serve wine, craft beer and spirits. They will have approximately 21+ different wine, craft beer vendors, and spirits vendors. They will also offer appetizers, desserts, water and coffee. All required information, documents and licensing fees have been provided. The Director of Public Safety has reviewed all required information and documents and has found no basis for denial. The City Council has previously granted this license in conjunction with this event. RE C O M M E ND E D AC T I O N: By motion: Approve the issuance of a Temporary On Sale Intoxicating Liquor license for Richfield Foundation's A Toast To Richfield event, to take place on Thursday, May 11, 2023, in the atrium area of Woodlake Center, located at 6601 Lyndale Avenue South. B AS IS O F RE C O M M E ND AT I O N: A.H IS TOR IC AL C ON T E X T The applicant has satisfied the following requirements for the issuance of this license: The required licensing fees have been received. Proof of liquor liability insurance has been provided showing Evanston I nsurance Company affording the coverage. The Richfield Foundation has contacted food sanitarians from the City of Bloomington to ensure food handling practices are followed. B.P OL IC IE S (resolutions, ordinances, regulations, statutes, etc): Richfield City Code Section 1202.05 requires all applicants to comply with all of the provisions of this code, as well as the provisions of Minnesota Statute Chapter 340A. C.C R IT IC AL T IMIN G IS S U E S: The Richfield Foundation's A Toast To Richfield event takes place on Thursday, May 11, 2023, so approval by the City Council is needed at the regular meeting on April 11, 2023. D.F IN AN C IAL IMPAC T: The required licensing fees have been received. E.L E GAL C ON S ID E R AT ION: There are no legal considerations. ALTE R N AT IV E R E C O MME N D ATIO N(S): The Council could deny the approval of the Temporary On Sale I ntoxicating Liquor license for the Richfield Foundation. This would mean the applicant would not be able to serve alcohol at their W ine Tasting event; however, Public Safety has not found any basis for denial. P R IN C IPAL PAR TIE S E X P E C TE D AT ME E TIN G: A representative of the Richfield Foundation will be present. AGENDA SECTION:RESOLUTIONS AGENDA ITEM #4. STAFF RE P ORT NO. 45 CIT Y COUNCIL ME E T ING 4/11/2023 RE P O RT P RE PA RE D B Y: Jamie Haefner, HR Manager D E PA RTME NT D IRE C TO R RE V IE W: O THE R D E PA RTM E NT RE V IE W: C ITY MA NA G E R RE V IE W: K atie Rodriguez 4/5/2023 I T E M F O R C O UNC IL C O NS ID E RAT I O N: Consider the adoption of a resolution approving the contract with the Labor and Trades Local 49 for the period January 1, 2023 through December 31, 2023 and authorize the City Manager to execute the agreement. E X E C UT IV E S UM M ARY: City staff have completed labor negotiations with the Labor and Trades Local 49 (Union). The provisions of the 2023 labor agreement cover all of the 39 employees in this Union. The one-year contract provides a cost-of-living wage adjustment of 3.00% in 2023, consistent with other employee groups. I t also provides a one time increase of $0.25/hour to replace the C D L licensure pay. There is also a one-time increase of $1.50/hour to the LT3 pay to align better with the market. Currently, there are no permanent LT3 positions but staff are moved into the LT3 position temporarily when supervisors are out. There is also a $2.00/hour shift differential for nights and weekends added for water plant employees, also to better align with the market. Call back pay is being increased to double-time on 3 specific holidays. The agreement also includes the same employer-provided health and dental insurance contributions as given to the city's non-represented employee groups and other bargaining units. I t also provides nominal increases to the uniform/boot allowance and to a licensure/certification pay rate. Last, we are entering an agreement to participate in the Local 49 Training Center Fund at a rate of $0.10/hour for each hour worked by employees in any classification that fall under this contract. RE C O M M E ND E D AC T I O N: By motion: Adopt a resolution approving the provisions of the 2023 labor agreement with the Labor & Trades Local 49 bargaining unit and authorize the City Manager to execute the agreement. B AS IS O F RE C O M M E ND AT I O N: A.H IS TOR IC AL C ON T E X T The City and Labor & Trades Local 49 were unable to reach agreement on a two-year contract for 2022 and 2023. This proposed one-year contract should restore a schedule to complete two-year contracts with all 5 collective bargaining groups for 2024 and 2025 forward. B.P OL IC IE S (resolutions, ordinances, regulations, statutes, etc): The City has met and negotiated in good faith with the Union and its representatives and is bound under the Public Employer's Labor Relations Act to meet and bargain over the terms and conditions of employment. The proposed settlement for the health and dental insurance provisions is identical to those provided to both union and non-union City employees. The City has a long history of providing the same level of insurance benefits to all eligible City employees. T he 3.00% cost of living wage increase is the same increase implemented for non- union City employees and other contracts settled for 2023. A survey of comparable cities indicates that those cities are providing an average of a 3.00 % cost of living increase, in addition to implementing other incentives, and other pay plan adjustments. The City also has a long history of trying to remain as close as possible to the midrange of wages and benefits compared to similar cities. The proposed and agreed upon wages will allow the City to continue this practice and remain an employer of choice. C.C R IT IC AL T IMIN G IS S U E S: I n order to allow the City's accounting personnel to modify payroll records in a timely manner for 2023 wages and benefits and in order to not further delay any pay due to employees, it is recommended that the City Council act on April 11, 2023, to adopt a resolution providing for contract changes, effective J anuary 1, 2023. D.F IN AN C IAL IMPAC T: W ages: A 3% wage adjustment to all pay grades. A flat $0.25/hour added to each base rate of pay, replacing the current C D L pay. T here is also a one-time increase of $1.50/hour to the LT 3 pay to align better with the market. Currently, there are no permanent LT 3 positions but staff are moved into the LT 3 position temporarily when supervisors are out. There is also a $2.00/hour shift differential for nights and weekends added for water plant employees, also to better align with the market. Double-time pay for call backs when they occur on New Year's Day, Thanksgiving Day, and Christmas Day. An increase of $.25/hour for A P W A certificate pay for those employees who have completed 5 years of service in the Public Works W orker job title. A $0.15/hour increase to the maximum licensure/certification pay. Change the C D L I nspection Specialist pay of $1.50/hour to a Licensure/Certification pay. An increase of $25 to the uniform and clothing allowance. Health and Dental I nsurance: The same health and dental insurance employer contributions as all other bargaining and non-bargaining groups. I mplement the Local 49 Training Center fund at a rate of $.10/hour for each hour worked by employees in any classifications included in the contract. E.L E GAL C ON S ID E R AT ION: I f the terms of this agreement are not approved, further negotiation and/or mediation will be necessary. ALTE R N AT IV E R E C O MME N D ATIO N(S): Do not approve the terms of this agreement and prepare for further negotiation and/or mediation. Defer discussion to another date. P R IN C IPAL PAR TIE S E X P E C TE D AT ME E TIN G: None AT TAC H ME N T S: D escription Type Resolution A pproving L abor A greement B etween the C ity of Richfield and International Union of Operating E ngineers, L ocal 49 B argaining Unit for Year 2023 Resolution L etter RESOLUTION NO. RESOLUTION APPROVING LABOR AGREEMENT BETWEEN THE CITY OF RICHFIELD AND INTERNATIONAL UNION OF OPERATING ENGINEERS, LOCAL 49 BARGAINING UNIT FOR YEAR 2023 WHEREAS, the City Manager and the International Union of Operating Engineers, Local 49 have reached an understanding concerning conditions of employment for 2023; and WHEREAS, it would be inappropriate to penalize Local 49 members who have negotiated in good faith; and WHEREAS, the City Ordinance requires that contracts between the City and the exclusive representative of the employees in an appropriate bargaining unit shall be completed by Council resolution. NOW, THEREFORE, BE IT RESOLVED that the City Council does hereby approve the Labor Agreement between the City of Richfield and International Union of Operating Engineers, Local 49 Bargaining Unit, for 2023 under the provisions of the Labor Agreement to be implemented effective January 1, 2023 and authorize the City Manager to execute the contract. Adopted by the City Council of the City of Richfield, Minnesota this 11th day of April 2023. _______________________________ Mary Supple Mayor ATTEST: ______________________________ Dustin Leslie City Clerk AGENDA SECTION:OTHER BUSINESS AGENDA ITEM #5. STAFF RE P ORT NO. 46 CIT Y COUNCIL ME E T ING 4/11/2023 RE P O RT P RE PA RE D B Y: K elly Wynn, A dministrative A ssistant D E PA RTME NT D IRE C TO R RE V IE W: O THE R D E PA RTM E NT RE V IE W: C ITY MA NA G E R RE V IE W: K atie Rodriguez, C ity Manager 4/4/2023 I T E M F O R C O UNC IL C O NS ID E RAT I O N: Consider the appointments to City advisory board and commissions and the Richfield Tourism and Promotion Board (R T P B). E X E C UT IV E S UM M ARY: Several City advisory boards and commissions and the RTP B have openings following the most recent recruitment. 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 unless filling a mid-term vacancy. T he RT PB has a two-year resident opening and a three-year restaurant representative opening. Applicants were interviewed at a special work session held on March 25, 2023. Please refer to the attached list of appointments for reference. To ensure a quorum at future advisory board, commission and RTP B meetings, the City Council should make appointments to fill vacant positions. RE C O M M E ND E D AC T I O N: By motion: Appoint members to fill the expiring or vacant terms on City advisory board and commissions and the Richfield Tourism and Promotion Board that are referenced in the attached list. B AS IS O F RE C O M M E ND AT I O N: A.H IS TOR IC AL C ON T E X T This information is contained in the Executive Summary. B.P OL IC IE S (resolutions, ordinances, regulations, statutes, etc): City advisory board and commissions were established by City ordinance or resolution. I n December 2022, the City updated the agreement with RTP B which includes the City appointing a resident and restaurant representative to the board. C.C R IT IC AL T IMIN G IS S U E S: To ensure a quorum at future advisory board and commission meetings, the City Council should make appointments to fill vacant positions. D.F IN AN C IAL IMPAC T: None E.L E GAL C ON S ID E R AT ION: None ALTE R N AT IV E R E C O MME N D ATIO N(S): None P R IN C IPAL PAR TIE S E X P E C TE D AT ME E TIN G: AT TAC H ME N T S: D escription Type A ppointments B ackup Material Commission/Board Commissioner Term Expires Advisory Board of Health Lynn Hargreaves January 31, 2024 Mid-term vacancy David Martin January 31, 2024 Mid-term vacancy Human Rights Commission Valerie Hurst-Baker January 31, 2024 Mid-term vacancy Michael Zazzera January 31, 2025 Mid-term vacancy Richfield Tourism Promotion Board Vidya Munusami January 31, 2025 Resident representative Thuy Nguyen January 31, 2026 Restaurant representative