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CITY OF RICHFIELD, MINNESOTA MONDAY, NOVEMBER 14, 2011 RICHFIELD MUNICIPAL CENTER 6700 PORTLAND AVENUE SPECIAL CITY COUNCIL WORKSESSION BARTHOLOMEW CONFERENCE ROOM 6:00 P.M. AGENDA Call to order Roll call 1. Discussion regarding composition of Richfield Housing and Redevelopment Authority (Council Memo No. 125) Notes: Adjournment ******************************************************************************************************* REGULAR CITY COUNCIL MEETING COUNCIL CHAMBERS 7:00 P.M. AGENDA INTRODUCTORY PROCEEDINGS Call to order Roll call Open forum (15 minutes maximum) Each speaker is to keep their comment period to three minutes to allow sufficient time for others. Comments are to be an opportunity to address the Council on items not on the agenda. Individuals who wish to address the Council must have registered prior to the meeting. Notes: Pledge of Allegiance Approval of minutes of (1) Special City Council Worksession of October 25, 2011 and (2) Regular City Council Meeting of October 25, 2011 PRESENTATION 1. Annual meeting with Planning Commission COUNCIL DISCUSSION 2. Council discussion • Hats Off to Hometown Hits Notes: AGENDA APPROVAL 3. Council approval of agenda CONSENT CALENDAR 4. Consent Calendar contains several separate items, which are acted upon by the City Council in one motion. Once the Consent Calendar has been approved, the individual items and recommended actions have also been approved. No further Council action is necessary. However, any Council Member may request that an item be removed from the Consent Calendar and placed on the regular agenda for Council discussion and action. All items listed on the Consent Calendar are recommended for approval. A. Consideration of approval of continuing public hearing to December 13, 2011 regarding final plat approval for 6700-6758 Portland Avenue (site of City Hall and Heredia Park) S.R. No. 214 B. Consideration of approval of first reading of ordinance amending Richfield City Code Appendix D establishing change in fees and scheduling second reading for December 13, 2011 S.R. No. 215 C. Consideration of approval of first reading of amending ordinances related to Minnehaha Creek Watershed District Erosion Control Rule and Wetland Protection Rule and scheduling second reading for December 13, 2011 S.R. No. 216 D. Consideration of approval of first reading of ordinance amending Subsection 537.13; Subd. 2 related to expansion of dimensional or bulk nonconformities in Mixed Use Districts and scheduling second reading for December 13, 2011 S.R. No. 217 E. Consideration of approval of participating in National Joint Powers Agreement cooperative purchasing program S.R. No. 218 F. Consideration of approval of two-year use and indemnification agreement between City of Richfield and Tom Price for rental of 4,690 square-foot strip of land along edge of Lincoln Field S.R. No. 219 G. Consideration of approval of Richfield Municipal Center change order report for aggregate net effect of$71,788.83 in items included within project budget S.R. No. 220 H. Consideration of approval of request for renewal of 2012 currency exchange licenses for New Unbank Company, LLC; 6421 Penn Avenue; and Los Gallos 12, Inc., 6539-B 14th Avenue S.R. No. 221 I. Consideration of approval of scheduling public hearing on December 13, 2011 for new secondhand goods dealer license for Los Gallos Richfield, Inc., 6539-14th Avenue S.R. No. 222 J. Consideration of approval of scheduling public hearing on December 13, 2011 for renewal of 2012 pawnbroker and secondhand goods dealer licenses for Metro Pawn and Gun, Inc. and University Cash Company, LLC, d/b/a Avi's Pawn and Jewelry S.R. No. 223 K. Consideration of approval of scheduling public hearing on December 13, 2011 for renewal of 2012 on-sale wine and on-sale 3.2 percent malt liquor licenses for Red Pepper Chinese Restaurant, Thompson's Fireside Pizza, Chipotle Mexican Grill of Colorado, LLC d/b/a Chipotle Mexican Grill; Patrick's Bakery & Café; Lariat Lanes; The Noodle Shop-Colorado, Inc. d/b/a Noodles and Company and Joy's Pattaya Thai Restaurant S.R. No. 224 L. Consideration of approval of scheduling public hearing on December 13, 2011 for renewal of 2012 on-sale intoxicating and Sunday liquor licenses for Khan's Mongolian Barbeque; Champps Operating Corporation d/b/a Champp's Restaurant; Minneapolis-Richfield American Legion Post 435; Fred Babcock VFW Post No. 5555 d/b/a Four Nickels Food and Drink; Don Pablo's Operating Corporation d/b/a Don Pablo's; Wiltshire Restaurants, LLC d/b/a Houlihan's Restaurant & Bar; The Frenchmans; El Tejaban Mes. Grill; and Richfield Hotel Associates d/b/a Ramada S.R. No. 225 Notes: 5. Consideration of items, if any, removed from Consent Calendar Notes: RESOLUTION 6. Consideration of resolution amending Richfield Comprehensive Plan designating 609 74th Street West as Neighborhood Commercial; 7401 Lyndale Avenue as Community Commercial; and west 140 feet of 7421 Lyndale Avenue as Community Commercial Staff Report No. 226 Notes: PROPOSED ORDINANCE 7. Consideration of first reading of ordinance rezoning 609 74th Street West from Multi- Family Residential (M-2) to Service Office (SO) and rezoning all but west 140 feet of 7421 Lyndale Avenue from Neighborhood Business (C-1) to Multi-Family Residential (MR-2) and scheduling second reading for December 13, 2011 Staff Report No. 227 Notes: OTHER BUSINESS 8. Consideration of renewing existing lease agreement between City of Richfield and Hat Trick Hockey, Inc. Staff Report No. 228 Notes: CITY MANAGER'S REPORT 9. City Manager's report Notes: 10.Claims and payrolls Open forum (additional 15 minutes if more time needed after first Open Forum and by majority vote of the City Council) Each speaker is to keep their comment period to three minutes to allow sufficient time for others. Comments are to be an opportunity to address the Council on items not on the agenda. Individuals who wish to address the Council must have registered prior to the meeting. Notes: 11.Adjournment Auxiliary aids for individuals with disabilities are available upon request. Requests must be made at least 96 hours in advance to the City Clerk at 612-861-9738. CITY OF RICHFIELD, MINNESOTA Office of City Manager November 10, 2011 Council Memorandum No. 125 The Honorable Mayor and Members of the City Council Subject: Composition of the Richfield HRA (Worksession Agenda Item No. 1) Council Members: The City Council began a discussion regarding the membership composition of the Richfield HRA at the conclusion of the October 25, 2011 City Council Meeting. The City Council directed the City Manager to schedule a City Council Study Session before the next regular City Council Meeting to further discuss this matter. This memo provides some background information for that discussion. History The Richfield Housing and Redevelopment Authority (HRA) was established the City Council on September 23, 1974 in accordance with Minnesota Statutes. The appointment authority for the HRA was established as the Mayor with Council approval. The Mayor at that time appointed the City Council as the members of the HRA. Past HRA Composition The HRA remained comprised of City Council Members until April, 1980. At that time, then Mayor Priebe and two additional Council Members resigned their positions from the HRA and the Mayor subsequently appointed three citizen members to fill the three vacancies on the HRA. The HRA has remained citizen dominated since that time or for the past 31 years. During those 31 years, there have been a number of former City Council Members who were appointed and served on the HRA after their respective terms on the City Council ended. As an example, Vern Luettinger, who was one of the original City Council members of the HRA, served on the HRA as a City Council member for 7 years and later for 14 years as a citizen appointee, commencing his term in 1983, two years after he left the City Council. As a citizen dominated HRA, there have typically been one or two current City Council Members of the HRA. However for a period of time, 2000 through 2003, the HRA consisted of all citizen members. A history of City Council and HRA Members is attached to this memorandum. HRA Composition in other Cities Staff did a survey to ascertain the membership composition of HRAs and EDAs (Economic Development Districts) in other metro cities. The survey results are attached to this memo for your information. As you will find from these survey results, there is no single way to structure such organizations. Legal Considerations A legal memo regarding this matter has been provided by City Attorney Corrine Heine and is attached to this memorandum. The memo covers some general considerations regarding appointment and composition of HRA Commissioners. Res(f ctf y submitted, 411160 .4110 L. D evic Manager Attachments SLD:klp Email: Department Directors Assistant City Manager 244 III RESOLUTION NO. 5238 A RESOLUTION DECLARING THE NEED FOR A HOUSING AND REDEVELOPMENT AUTHORITY IN RICHFIELD, MINNESOTA WHEREAS, Published notice has been given to all residents of Richfield, Minnesota and its environs and to all other interested persons of a public hearing to be held by the Richfield City Council at Richfield, Minnesota, to determine the need for a Housing and Redevelopment Authority to function in Richfield, and WHEREAS, Pursuant to such published notice a hearing was held by the City Council of the City of Richfield, Minnesota to determine the need for a Housing and Redevelopment Authority in Richfield, and WHEREAS, Facts have been submitted to this Council showing that there is a need for a Housing and Redevelopment Authority to function in the City of Richfield, Minnesota. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield, Minnesota as follows: The City Council herewith finds and determines: III 1. There exists in the City of Richfield, Minnesota substandard or deteriorated areas which cannot be redeveloped without the assistance of government. 2. Adequate housing accommodations are not available to veterans and servicemen and their families. 3. There is a shortage of decent, safe and sanitary dwelling accommodations available to persons of low income and their families at rentals they can afford. 4. It is hereby declared that there is a need for a Housing and Redevelopment Authority to function in the City of Richfield, Minnesota, and said need continues to exist. Passed by the City Council of the City of Richfield 9i1',23rd day of September, 1974. ,X---- -' ,.f= /" en L. Law 7 Mayor t III ATTEST: i �U!;`it-tKt; -`;2%-u 6'C1,7ti.- Thomas J. Morari, City Clerk CERTIFICATE OF APPOINTMENT OF COMMISSIONERS OF THE HOUSING AND REDEVELOPMENT AUTHORITY OF RICHFIELD, MINNESOTA WHEREAS, the City Council of the City of Richfield, Minnesota held a duly authorized (regular) meeting on the 28th day of October , 1974; and • WHEREAS, at said meeting the following resolution was passed and adopted. RESOLUTION NO. 5238 A RESOLUTION DECLARING THE NEED FOR A HOUSING AND REDEVELOPMENT AUTHORITY IN RICHFIELD, MINNESOTA NOW, THEREFORE, pursuant to the provisions of the Municipal Housing and Redevelopment Act of the State of Minnesota, and by virtue of my office as Mayor I hereby appoint five (5) persons hereinafter named to serve as Commissioners of the Housing and Redevelopment Authority of Richfield, Minnesota. The appointed persons are to serve for the number of years appearing after their names re- spectively from the date of this certificate, or until their = membership-on the City Council, City of Richfield, terminates which ever comes first. Mayor Loren L. Law , One (1) year Councilman A. P. Anderson , Two (2)'.years Councilman E. E. Jacobsen , Three (3) years Councilman G. M. Kenealev , Four (4) years Councilman Vern Luettinger , Five (5) years IN WITNESS WHEREOF, I have hereunto signed my name as Mayor of the City of Richfield, Minnesota, and caused the official corporate seal of said City of Richfield to be impressed hereon this 28th day of * October, 1974. /1e114111 ren L. Law Mayor ATTEST: , a4;$4,01;/,5%44■-/, Thomas J. ■' ran City Clerk 4 .104 ' . 41/1 RSLYTION O, '5272 A RESOLUTION APPROVING Ap )lir.ivF%J OF T;IZ k .JAMISSIONERS of TRE HOUSING AND REI:E\,C, ;imEN1 Off IrY2HFiELD, N.INNESO:2A BE IT RESOLVED, by tht- City Corn0 of Ricbfie_c , Minneso a, f_at the appoLnt.m , by of Nnnesota of Loren I. Law, A. P. Andersol" l Jacobsen, 6, iL KeneaLey and Vern Luettinger, to serve as Commtssiouers of the Housing and Redevelopment Authority of Richfield, Mira for the perio d their names in the Certificate of Appointment dated the 28th day of 0Aober, 1974, be and the same is hereby approved . The motion to adopt such resolution mao,t 'ay Cri:0/ 1man A. P. Anderson was seconded by Councilman E. E. Jacobsen, and upon roll call the following !III votes: Yeas: Anderson, Jacobsen, kaLaaley, Law, Luat:tinger Nayes: None Thereupon the pre6'idin officer deLlartAl said resolution duly adopted and passed, Passed: October 28, 1974. Loren L. Law Mayor ATTEST: Thomas J. Moran City Clerk 1111 Council HRA 1974 Loren Law Loren Law A.P. Anderson A.P. Anderson Eugene Jacobsen Eugene Jacobsen George Kenealey George Kenealey Vern Luettinger Vern Luettinger 1975 Loren Law Loren Law A.P. Anderson A.P. Anderson Vern Luettinger Vern Luettinger Ivan Ludeman Ivan Ludeman Eugene Jacobsen Eugene Jacobsen 1976 A.P. Anderson A.P. Anderson Eugene Jacobsen Eugene Jacobsen Vern Luettinger Vern Luettinger Ivan Ludeman Ivan Ludeman Loren Law Loren Law 1977 A.P. Anderson A.P. Anderson Eugene Jacobsen Eugene Jacobsen Vern Luettinger Vern Luettinger Ivan Ludeman Ivan Ludeman Loren Law Loren Law 1978 Loren Law Loren Law A.P. Anderson A.P. Anderson Eugene Jacobsen Eugene Jacobsen Ivan Ludeman Ivan Ludeman Vern Luettinger Vern Luettinger 1979 Loren Law Loren Law Juanita Collins Juanita Collins Eugene Jacobsen Eugene Jacobsen Ivan Ludeman Ivan Ludeman Vern Luettinger Vern Luettinger 1980 (January — March) Donald Priebe Donald Priebe Juanita Collins Juanita Collins Council HRA Howard Bunce Howard Bunce Ivan Ludeman Ivan Ludeman Vern Luettinger Vern Luettinger 1980 (March — December) Donald Priebe Thomas Harms Juanita Collins Joan Helmberger Howard Bunce Michael Freeman Ivan Ludeman Ivan Ludeman Vern Luettinger Vern Luettinger 1981 Donald Priebe Thomas Harms Juanita Collins Juanita Collins Howard Bunce Michael Freeman Donald Hassenstab Joan Helmberger Ivan Ludeman Ivan Ludeman 1982 John Hamilton Thomas Harms Howard Bunce Michael Freeman Donald Hassenstab Donald Hassenstab Martin Kirsch Joan Helmberger Ivan Ludeman Ivan Ludeman 1983 John Hamilton Joan Helmberger Howard Bunce Vern Luettinger Donald Hassenstab Donald Hassenstab Martin Kirsch Thomas Harms Ivan Ludeman Ivan Ludeman Donald Priebe 1984 John Hamilton Thomas Harms Howard Bunce Joan Helmberger Martin Kirsch Vern Luettinger Ivan Ludeman Ivan Ludeman Donald Priebe Donald Hassenstab 1985 John Hamilton Thomas Harms Howard Bunce Joan Helmberger Ivan Ludeman Ivan Ludeman Donald Priebe Vern Luettinger Council HRA Michael Sandahl Donald Hassenstab 1986-1987 John Hamilton Thomas Harms Martin Kirsch Joan Helmberger Ivan Ludeman Ivan Ludeman Edwina Garcia Vern Luettinger Michael Sandahl Donald Hassenstab 1988 Steven Quam Thomas Harms Martin Kirsch Joan Helmberger Ivan Ludeman Ivan Ludeman Edwina Garcia Vern Luettinger Michael Sandahl Donald Hassenstab 1989-1990 Steven Quam Thomas Harms Martin Kirsch Joan Helmberger Ivan Ludeman Ivan Ludeman Edwina Garcia Edwina Garcia Michael Sandahl Vern Luettinger 1991-1992 Martin Kirsch Thomas Harms William Bullock Joan Helmberger Ivan Ludeman Ivan Ludeman Kristal Stokes Vern Luettinger Michael Sandahl Lawrence Wozniczka 1993-1994 Martin Kirsch Thomas Harms Susan Rosenberg Vern Luettinger Russ Susag Russ Susag Don Priebe Lawrence Wozniczka Michael Sandahl Joan Helmberger 1995-1996 Martin Kirsch Thomas Harms Susan Rosenberg Joan Helmberger Russ Susag Russ Susag Don Priebe Vern Luettinger Michael Sandahl Michael Sandahl 1997-1998 Council HRA Martin Kirsch Thomas Harms Susan Rosenberg Joan Helmberger Russ Susag Russ Susag Kristal Stokes Kristal Stokes Michael Sandahl Michael Sandahl 1999-2000 Martin Kirsch Thomas Harms Susan Rosenberg Joan Helmberger Russ Susag Russ Susag Kristal Stokes Kristal Stokes Sue Sandahl Michael Sandahl 2000-2002 Martin Kirsch Thomas Harms Susan Rosenberg Joan Helmberger Gertrude Ulrich Michael Sandahl John Enger Kristal Stokes Sue Sandahl Dan Linnihan 2003 Martin Kirsch Thomas Harms Susan Rosenberg Joan Helmberger Gertrude Ulrich Kristal Stokes John Enger Dan Linnihan Sue Sandahl Michael Sandahl 2004 Martin Kirsch Martin Kirsch Susan Rosenberg Joan Helmberger Gertrude Ulrich Kristal Stokes John Enger Thomas Harms Sue Sandahl Dan Linnihan 2005 Martin Kirsch Martin Kirsch Susan Rosenberg Thomas Harms Gertrude Ulrich Joan Helmberger John Enger Kristal Stokes Sue Sandahl Sue Sandahl 2006 Martin Kirsch Martin Kirsch Susan Rosenberg David Gepner Council HRA Fred Wroge Donna Drummond Bill Kilian Joan Helmberger Sue Sandahl Sue Sandahl 2007 Debbie Goettel Martin Kirsch Susan Rosenberg David Gepner Fred Wroge Joan Helmberger Bill Kilian Donna Drummond Sue Sandahl Sue Sandahl 2008 Debbie Goettel Martin Kirsch Susan Rosenberg David Gepner Fred Wroge Joan Helmberger Bill Kilian Doris Rubenstein Sue Sandahl Sue Sandahl 2009 Debbie Goettel Joan Helmberger Pat Elliott David Gepner Fred Wroge Steve Quam Tom Fitzhenry Doris Rubenstein Sue Sandahl Sue Sandahl 2010 Debbie Goettel Doris Rubenstein Pat Elliott Steve Quam Fred Wroge David Gepner Tom Fitzhenry Joan Helmberger Sue Sandahl Sue Sandahl 2011 Debbie Goettel Debbie Goettel Pat Elliott Doris Rubenstein Fred Wroge Joan Helmberger Tom Fitzhenry Steve Quam Sue Sandahl Sue Sandahl City HRA/EDA/EDC How Many CC Members or Apply or Mayor or Port Members? Citizens or Appointed Authority Combo Bloomington HRA 5 1 Council, 4 Council Appointed citizens Lakeville HRA 5 Council Members Council Members St. Louis EDA 7 Council Members Council Members Park Oakdale HRA, EDA & 12 (EDC) HRA & EDA EDC apply and EDC Council, EDC appointed by citizens Council Eagan EDA Eden Prairie HRA 5 Council Members Appointed by Mayor Woodbury EDC 9 Citizens Council Appointed Edina HRA 5 Council Members Council Members Coon Rapids HRA and EDA 7 Council Members Council Members Blaine EDA 7 Council Members Council Members Roseville HRA 7 1 Council, 6 Apply, interview citizens then appointed Maplewood HRA 5 Citizens Council Appointed Maple Grove HRA 5 Council Members Council Members Fridley HRA 5 Citizens Council Appointed Brooklyn EDA 5 Council Members Council Members Park Minnetonka EDA 7 Citizens Apply, then appointed Burnsville EDC 7 regular, 1 Citizens Council appointed alternate Plymouth HRA 5 2 Council, 3 Apply citizens (current but not required) Shoreview EDA 3 Citizens Council Appointed Brooklyn EDA Center Cottage EDA 7 2 Council, 5 Apply, then Grove citizens appointed Apple Valley EDA 7 5 Council, 2 Citizens appointed citizens by mayor Inver Grove EDA 5 Council Members Council Members Heights Andover EDA 8 4 Council, 4 Apply, interview citizens then appointed Conine A.Heine Zlxlet� 470 U.S.Bank Plaza 200 South Sixth Street Minneapolis MN 55402 (612)337-9217 telephone G(�.'� (612)337-9310 fax raven http://www.kennedy-graven.com cheine@kennedy-graven.com CHARTERED MEMORANDUM TO: Steve Devich, City Manager FROM: Corrine A.Heine, City Attorney DATE: November 9,2011 RE: Appointments to HRA Board You raised several questions regarding appointments to the HRA Board of Commissioners. Each of those questions is listed below, followed by a response. 1. What does the City Charter say with respect to the composition of the HRA Board? The charter says nothing about the composition of the HRA, because the charter governs the operations of the City. The HRA is a separate government entity, established by the City pursuant to state statute. Statute statutes govern the composition of the HRA. Minnesota Statutes, section 469.003 provides that the HRA may have up to seven members (this is determined by the initial resolution establishing the HRA). All of the members must be residents of the area in which the HRA operates. The mayor appoints the members,with council approval. The terms of HRA members are for five years, with the terms of members being staggered. Members of the council may be appointed to serve on the HRA, and where that is done,the council may provide that the term of the HRA member is co-terminous with that member's term as council member or mayor. Vacancies in unexpired terms can only be filled for the remaining unexpired term 2. If three or more council members are appointed to the HRA,would HRA meetings need to be noticed as council meetings? If you have three or even five members of the council on the HRA,you do not need to notice HRA meetings as council meetings. Because the HRA is a separate body, it is sufficient to notice the 268686v2 CAH RC160-1 meeting only as an HRA meeting. However, if the council members are appointed to the HRA, they should be careful to discuss only HRA business and not stray into issues that are properly the role of only the city council. E.g., if the HRA board is discussing a proposed redevelopment project and approval of a TIF plan, the members should not allow the discussion to get sidetracked onto zoning issues,because zoning is the responsibility of the city council and not the HRA. 3. What steps would need to be taken to appoint Council members to the HRA? If the Council wants the HRA to consist only of council members, it may be necessary to modify the resolution that established the HRA. It is possible that no change will be needed, but we would need to review the original resolution and any subsequent resolution relating to commissioner terms. We have not yet conducted that review. The Council will have to make the change gradually, as vacancies occur on the HRA Board. The Council cannot remove existing HRA board members from their positions. Upon expiration of an existing term or if a mid-term vacancy occurs, the Mayor would appoint a council member to the seat, with the approval of the City Council. At the time the appointments are made, the Council should also indicate whether the new HRA member's term is co-terminous with that person's council term. If the appointment does not specify that the term is intended to be co-terminous, the person would remain on the HRA for five years, even if he/she isn't on the council anymore. 4. What other issues should the Council consider? Other issues that the Council would consider are primarily issues of policy. As with any policy issue,there are opposing viewpoints, and those are for the Council to work out. Reasons commonly put forth for a non-elected HRA board include: (1) the council can appoint persons with particular experience or knowledge that relates to the activities of the BRA, and that makes the HRA effective and improves the quality of its decisions; (2) redevelopment necessarily involves difficult decisions that may be politically unpopular, and the board should be comprised of persons who will make decisions based on what is in the best interests of the city and not personal political interests. Reasons commonly put forth for council members to serve as HRA members: (1) council members are more responsive to the electorate because they are elected, and having redevelopment influenced by public opinion is not a bad thing; (2)because both bodies are comprised of the same individuals, it reduces potential conflict between City and HRA objectives and policies. There may be other reasons that could be put forth in favor of either proposition. As stated, this policy discussion is properly for the City Council. RCI60-1 2 268686v2 CAH RC160-1 CITY COUNCIL MINUTES RICHFIELD Richfield, Minnesota Special City Council Worksession October 25, 2011 CALL TO ORDER The meeting was called to order by Mayor Goettel at 6:00 p.m. in the Bartholomew Conference Room. ROLL CALL Council Members Debbie Goettel, Mayor; Pat Elliott; Sue Sandahl; Fred Wroge; Present: and Tom Fitzhenry. Staff Present: Steven L. Devich, City Manager; Mike Eastling, Public Works Director; Jim Topitzhofer, Recreation Services Director; Chris Regis, Finance Manager; Robert Hintgen, Utility Superintendent; and Cheryl Krumholz, Executive Coordinator. Item #1 DISCUSSION REGARDING 2012 UTILITIES BUDGETS Public Works Director Eastling reviewed the 2011 Utilities Budget and proposed rates for 2012. (Clerk's File No. 463) Item #2 DISCUSSION REGARDING MINNESOTA GREENSTEP CITY CITIES Recreation Services Topitzhofer discussed the GreenStep Cities program which assists cities achieve their sustainability goals through implementation of best practices (Clerk's File No. 464) Diana McKeswn, Metro Clean Energy Resource Team Director, discussed the three levels of participation. The City Council consensus was to direct staff to work toward GreenStep and prepare a resolution for Council consideration. ADJOURNMENT The meeting was adjourned by unanimous consent at 6:53 p.m. Special Worksession Minutes -2- October 25, 2011 Date Approved: November 14, 2011 Debbie Goettel Mayor Cheryl Krumholz Steven L. Devich Executive Coordinator City Manager =AA CITY COUNCIL MEETING MINUTES RICHFIELD Richfield, Minnesota Regular Meeting October 25, 2011 CALL TO ORDER The meeting was called to order by Mayor Goettel at 7:00 p.m. ROLL CALL Members Present: Debbie Goettel, Mayor; Pat Elliott; Sue Sandahl; Fred Wroge; and Tom Fitzhenry. Staff Present: Steven L. Devich, City Manager; Pam Dmytrenko, Assistant City Manager; John Stark, Community Development Director; Corrine Heine, City Attorney; and Cheryl Krumholz, Executive Coordinator. OPEN FORUM Eric Rodel, 7601 Pillsbury Avenue, expressed the neighborhood's concerns regarding the proposed potential redevelopment plans for the former City garage site and mortuary site. He presented a petition to the City Council stating their support of a petition to halt any proceedings to develop the property of the old city garage and mortuary (at the southwest corner of Pillsbury Avenue S and 76th Street) into high density rental property. MUNICIPAL CENTER FLAG DEDICATION CEREMONY AND PLEDGE OF ALLEGIANCE Mayor Goettel led the audience in the Pledge of Allegiance. APPROVAL OF MINUTES M/Wroge, S/Sandahl to approve the minutes of (1) Special City Council meeting of October 11, 2011; (2) Special City Council/HRA/Planning Commission Worksession of October 11, 2011; (3) Special City Council Worksession of October 11, 2011; and (4) Regular City Council Meeting of October 11, 2011. Motion carried 5-0. Council Meeting Minutes -2- October 25,2011 Item #1 ANNUAL MEETING WITH PLANNING COMMISSION Postponed to the November 14, 2011 City Council meeting. Item #2 COUNCIL DISCUSSION • HATS OFF TO HOMETOWN HITS Council Member Elliott, Planning Commission liaison, acknowledged the efforts of the Planning Commission. Council Member Wroge acknowledged the efforts to complete the Municipal Center project and parking lot. Council Member Wroge acknowledged the quick response of staff to address streetlight and property maintenance issues in the 66th Street and Emerson Avenue area. Council Member Wroge requested the 66th Street and Emerson Avenue neighborhood be provided a status update regarding their on-street parking concerns. Council Member Sandahl announced the November 12, 2011 small open house at the Municipal Center. Council Member Fitzhenry discussed the recent Lyndale Plaza groundbreaking ceremony. Council Member Fitzhenry announced the October 29, 2011 Beyond the Yellow Ribbon informational open house. Mayor Goettel announced the annual advisory commission recruitment would be underway in a few weeks. Mayor Goettel discussed the efforts of the Arts Commission. Item #3 COUNCIL APPROVAL OF AGENDA Item 4C was moved from the Consent Calendar to Item 5 for separate consideration. M/Sandahl, S/VVroge to approve the agenda as amended. Motion carried 5-0. Item #4 CONSENT CALENDAR A. Consideration of approval of resolution accepting $9,592.12 grant from U.S. Department of Justice, Office of Justice Programs for purchase of bulletproof vests for Richfield Police S.R. 209 Council Meeting Minutes -3- October 25,2011 RESOLUTION NO. 10569 RESOLUTION APPROVING THE GRANT WITH THE U.S. DEPARTMENT OF JUSTICE, OFFICE OF JUSTICE PROGRAMS AND RICHFIELD POLICE FOR BULLETPROOF VESTS This resolution appears as Resolution No. 10569. B. Consideration of approval of Letter of Understanding regarding portable restroom facilities at Community Garden S.R. 210 C. Item 4C moved to Item 5. M/Sandahl, S/Wroge to approve the Consent Calendar as amended. Motion carried 5-0. Item #5 CONSIDERATION OF ITEMS, IF ANY, REMOVED FROM CONSENT CALENDAR Council Member Wroge presented Staff Report No. 211. Council Member Wroge asked if the public hearing could be on November 14, 2011 to move the process forward faster. Council Member Stark explained there are legal requirements that apply so it could not be sooner and the Minnesota Housing and Finance Agency funding decision is not determined until November 16, 2011. Ron Clark, developer, stated an open house with the neighborhood will be held as soon as funding is determined but if no funding is received there will be no application for a project. M/Wroge, S/Sandahl that the following resolution be adopted and that it be made part of these minutes: RESOLUTION NO. 10570 RESOLUTION CALLING FOR A PUBLIC HEARING BY THE CITY COUNCIL ON THE PROPOSED MODIFICATION OF THE REDEVELOPMENT PLAN FOR THE RICHFIELD REDEVELOPMENT PROJECT AREA AND THE PROPOSED ESTABLISHMENT OF THE PILLSBURY COMMONS TAX INCREMENT FINANCING DISTRICT THEREIN AND THE ADOPTION OF THE TAX INCREMENT FINANCING PLAN THEREFORE Motion carried 5-0. This resolution appears as Resolution No. 10570. Item #6 CONSIDERATION OF RESOLUTION DESIGNATING CITY'S CONTRIBUTION TOWARD HEALTH, TERM LIFE AND DENTAL INSURANCE PREMIUMS FOR GENERAL SERVICES AND MANAGEMENT EMPLOYEES (STAFF REPORT NO. 212) Council Member Sandahl presented Staff Report No. 212. Council Meeting Minutes -4- October 25,2011 M/Sandahl, S/Goettel that the following resolution be adopted and that it be made part of these minutes: RESOLUTION NO. 10571 RESOLUTION DESIGNATING CITY'S CONTRIBUTION TOWARD HEALTH, TERM LIFE AND DENTAL INSURANCE PREMIUM FOR MANAGEMENT AND GENERAL SERVICES EMPLOYEES Motion carried 5-0. This resolution appears as Resolution No. 10571. Item #7 CONSIDERATION OF MAYOR'S APPOINTMENT OF HOUSING AND REDEVELOPMENT AUTHORITY COMMISSIONER FOR FIVE-YEAR TERM COMMENCING OCTOBER 25, 2011 AND EXPIRING OCTOBER 31, 2016 (STAFF REPORT NO. 213) Mayor Goettel presented Staff Report No. 213. M/Goettel, S/Sandahl to approve Josh Root as the Mayor's appointment of Housing and Redevelopment Authority Commissioner for five-year term commencing October 25, 2011 and expiring October 31, 2016. Council Member Fitzhenry expressed concern that Mr. Root is also a Planning Commission member. Council Member Wroge stated he would not support the appointment of Mr. Root because as a Planning Commission member Mr. Root has been negative toward business in Richfield. Council Member Elliott stated he did not believe that Mr. Root should be on the HRA and questioned if other applicants or considerations had been made. Council Member Wroge stated the HRA is too important to not be composed of elected officials and suggested a return to the composition of the City Council as part of the HRA. Council Member Sandahl stated other advisory commissions are open to applicants so the HRA could be too. The City Council consensus was to have composition of the HRA be scheduled for discussion at the November 14, 2011 Worksession. Motion denied 1-4. (Elliott, Wroge, Fitzhenry and Sandahl opposed.) Item #8 CITY MANAGER'S REPORT None. Item #9 CLAIMS AND PAYROLLS M/Wroge, S/Sandahl that the following claims and payrolls be approved: Council Meeting Minutes -5- October 25,2011 U.S. Bank 10/25/2011 A/P Checks: 207626-207994 $ 1,275,485.78 Payroll: 78913-79234 $ 502,223.63 TOTAL $ 1,777,709.41 Motion carried 5-0. OPEN FORUM None. ADJOURNMENT The City Council meeting was adjourned by unanimous consent at 7:52 p.m. Date Approved: November 14, 2011 Debbie Goettel Mayor Cheryl Krumholz Steven L. Devich Executive Coordinator City Manager AGENDA SECTION: CONSENT AGENDA ITEM# 4A REPORT# 214 Wadi STAFF REPORT RICHFIELD CITY COUNCIL MEETING NOVEMBER 14, 2011 REPORT PREPARED BY: CHRISTINE COSTELLO, COMMUNITY DEVELOPMENT SPECIALIST NAME,TITLE DEPARTMENT DIRECTOR / REVIEW: ∎- REVIEWED BY CITY MANAGER: ITEM FOR COUNCIL CONSIDERATION: Continue the public hearing regarding the final plat approval for 6700-6758 Portland Avenue (site of City Hall and Heredia Park) to December 13, 2011. I. RECOMMENDED ACTION: By Motion: Continue the public hearing regarding the final plat approval for 6700-6758 Portland Avenue (site of City Hall and Heredia Park) to December 13, 2011. II. BACKGROUND The public hearing needs to be rescheduled because Hennepin County requires an up-to-date title for the property, and the last time they reviewed the title was in 2009. Therefore, Hennepin County requires an updated title before the plat can be finalized. It is expected that it will take approximately two weeks to receive an updated title and submit it to Hennepin County. III. BASIS OF RECOMMENDATION A. POLICY • The Council will hold a public hearing and consider the final plat at their December 13, 2011 meeting. 11142011-Continue City Hall Final Plat.doc B. CRITICAL TIMING ISSUES • It is better to delay the public hearing and ensure that all documentation is in order before the Council holds a public hearing. C. FINANCIAL • N/A D. LEGAL • N/A E. ENVIRONMENTAL CONSIDERATIONS • N/A IV. ALTERNATIVE RECOMMENDATION(S) • N/A V. ATTACHMENTS • N/A VI. PRINCIPAL PARTIES EXPECTED AT MEETING • N/A AGENDA SECTION: CONSENT AGENDA ITEM# 4B REPORT# 215 STAFF REPORT RIO YIELD CITY COUNCIL MEETING NOVEMBER 14, 2011 REPORT PREPARED BY: KATIE PORATH,DEPUTY CITY CLERK NAME;TITLE DEPARTMENT DIRECTOR Ili REVIEW: IA / i REVIEWED BY CITY ° MANAGER: G 4!ed ITEM FOR COUNCIL CONSIDERATION: Consider an ordinance amendment to Richfield City Code Appendix D establishing a change in fees and set a second reading for December 13, 2011. I. RECOMMENDED ACTION: By Motion: • Approve first reading of the attached ordinance amendment to Richfield City Code Appendix D establishing a change in fees. • Set second reading for December 13, 2011. II. BACKGROUND Appendix D to the Richfield City Code consists of the schedule of fees adopted by the City Council, including those adopted by resolution and those adopted by ordinance. On an annual basis, as part of the budget process, departments are asked to review the schedule of fees that apply to their departments. The departments review their fees for services and compare the fees charged with the costs incurred in providing that service. If it is found that costs exceed the fee charged, the respective departments will adjust their fees accordingly. The proposed ordinance includes all fees that are required to be established by ordinance. Other fees, including rental licensing fees, are 111411 —Appendix D Fee Changes established via resolution (as opposed to ordinance). Revisions to these fees require only one hearing, which will be conducted at the December 13, 2011 Regular City Council Meeting. III. BASIS OF RECOMMENDATION A. POLICY • Minnesota Statutes, Section 462.353 requires that certain fees be established by ordinance. • The City attempts to establish fees that appropriately reflect the City's costs of administering the permit or application for which the fee is charged. B. CRITICAL TIMING ISSUES • It is important to approve this amendment to the ordinance so that fees in Appendix D can become effective in a timely fashion. C. FINANCIAL • It is important for the City to annually review fees to ensure that the fees charged are in line with the costs of the service provided. • The ordinance will be effective January 30, 2011. D. LEGAL • N/A E. ENVIRONMENTAL CONSIDERATIONS • N/A IV. ALTERNATIVE RECOMMENDATIONS) • N/A V. ATTACHMENTS • Ordinance VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None , BILL NO. TRANSITORY ORDINANCE NO. AN ORDINANCE AMENDING APPENDIX D TO THE RICHFIELD CITY CODE; ESTABLISHING A FEE SCHEDULE FOR CERTAIN PERMITS AND APPLICATIONS THE CITY OF RICHFIELD DOES ORDAIN: Section 1. Background 1.01 Appendix D to the Richfield City Code consists of the schedule of fees adopted by the City Council, including those adopted by resolution and those adopted by ordinance. 1.02 Minnesota Statutes, Section 462.353 requires that certain fees be adopted by ordinance. The City Council has previously established certain fees by Transitory Ordinance No. 1872. The City Council has established other fees by resolution, which resolution is also part of Appendix D. 1.03 The City Council has determined the need to update the schedule of fees under Transitory Ordinance No. 1872. Section 2. Fee Schedule Adopted 2.01 The fees set forth in the attached Exhibit A are hereby adopted by ordinance. 2.02 The fees adopted at Section 2.01 of this Ordinance shall be amended only by ordinance. Any fees established by resolution, other than those adopted at Section 2.01 of this Ordinance, may be amended from time to time by resolution of the City Council. Section 3. Effective date; codification. 3.01 This ordinance is effective in accordance with section 3.09 of the City Charter. 3.02 A copy of this ordinance shall be included in Appendix D to the Richfield City Code, immediately prior to the resolution establishing fees. 3.03 This ordinance supersedes Transitory Ordinance No. 1872. Adopted by the City Council of the City of Richfield, Minnesota this 13th day of December, 2011. Debbie Goettel, Mayor ATTEST: Nancy Gibbs, City Clerk EXHIBIT A CONSTRUCTION AND RELATED PERMIT FEES AND CHARGES A. Investigation Fees: Work without a Permit: Investigation. Whenever any work for which a permit is required by this code has been commenced without first obtaining said permit, a special investigation shall be made before a permit may be issued for such work. Fee. An investigation fee, in addition to the permit fee, shall be collected whether or not a permit is then or subsequently issued. The investigation fee shall be equal to the amount of the permit fee required by this code. The minimum investigation fee shall be the same as the minimum fee set forth in Section 2. The payment of such investigation fee shall not exempt any person from compliance with all other provisions of this code nor from any penalty prescribed by law. B. Permit fee refunds: The building official may authorize refunding of not more than 80 percent of the permit fee paid when no work has been done under a permit issued in accordance with this code. The building official may authorize refunding of not more than 80 percent of the plan review fee paid when an application for a permit for which a plan review fee has been paid is withdrawn or canceled before any plan reviewing is done. The building official shall not authorize refunding of any fee paid except on written application filed by the original permitted not later than 180 days after the date of fee payment. TYPE OF PERMIT SECTION DESCRIPTION FEE OR LICENSE REQUIRING (a) Inspections outside of normal business hours $60.00 (minimum charge-two hours) per hour (b) Reinspection fees $60.00 (minimum charge $35.00) per hour (c) Inspections for which no fee is specifically $60.00 indicated(minimum charge-one-half hour) per hour (d) Additional plan review required by changes, $60.00 additions or revision to plans(minimum charge- per hour two hours) (e) Fee to reissue building inspection record card $35.00 *Or the total hourly cost to the jurisdiction,whichever is the greatest.This cost shall include supervision, overhead,equipment, hourly wages and fringe benefits of the employee involved. (1) Building Permits 400.03-400.09 $1 to $500 $35.00 (includes one inspection) Each additional inspection $35.00 $501 to $2,000 $25.00 for the first$500 plus$3.25 each additional $100, or fraction thereof, to and including$2,000 with a minimum fee of$35.00. $2,001 to $25,000 $73.50 for the first $2,000 plus $14.75 for each additional $1,000, or fraction thereof,to and including$25,000. $25,001 to $50,000 $415.75 for the first$25,000 plus$10.75 for each additional$1,000,or fraction thereof,to and including$50,000. BOLD represents added/amended fees A-1 TYPE OF PERMIT SECTION DESCRIPTION FEE OR LICENSE REQUIRING $50,001 to $100,000 $682.50 for the first $50,000 plus $7.50 for each additional $1,000, or fraction thereof,to and including$100,000. $100,001 to$500,000 $1,053.50 for the first $100,000 plus $6.00 for each additional $1,000, or fraction thereof, to and including $500,000. $500,001 to $1,000,000 $3,427.75 for the first $500,000 plus $5.00 for each additional $1,000, or fraction thereof, to and including $1,000,000. 1,000,001 and up $5,945.25 for the first $1,000,000 plus $4.00 for each additional $1,000, or fraction thereof. (2) Driveway, Parking 515.05 (no permit fee for sidewalks) $ 35.00 Area Permits (3) Swimming 420.00 Permanent or portable pools are based on building permit fees with a minimum of $ 35.00 (4) Plan Review Fee 400.03-400.09 35% of building permit fee for one and two family dwelling detached garages and basement remodels 65% of building permit fee for all other building permits, except no fee for the following: (a)Existing single family dwelling minor nonstructural alterations. (b)Single and two family dwelling repair and maintenance work. (c) Commercial and industrial repair and maintenance work not exceeding $1,000 or where plans are not required. Plan review fee for Maximum 25% of permit fee based on Minnesota State Building Code similar buildings 1300.0160 (5) Contractors License Charged once each time a contractor applies for $ 5.00 Verification Fee permit(s) (6) Moving- 845 Moving Permit Fee $ 50.00 Buildings (7) Structure Demolition 400.00-400.09 (a) Commercial Demolition cost as per Building Permit Schedule with a minimum of $ 50.00 (b) Dwelling One or two story $ 50.00 Residential-Garage and lesser structure $ 35.00 BOLD represents added/amended fees A-2 y6 q TYPE OF PERMIT SECTION DESCRIPTION FEE OR LICENSE REQUIRING (8) Plumbing Permit 400.03-400.09 Residential Fee Minimum F 2%of Total Job cost with a minimum of $ 35.00 (includes one inspection) Each additional inspection $ 35.00 (9) Plumbing Permit 400.03-400.09 Commercial/Industrial/Multi-family Based on Total Job cost 2%of Estimated Job cost with a minimum of $ 45.00 (includes one inspection) Each additional inspection $ 35.00 exceeds-$50,000 (10)Electrical Permit 400.03-.400.09 Residential (a) Minimum Fee which includes one inspection $ 35.00 (b) Each additional Inspection $ 35.00 (c) Complete Wiring Fee: $ 150.00 Single Family Dwelling and each dwelling unit of a two family dwelling and includes not more than three inspections. (d) New Service-up to 200 amps $ 55.00 (e) Temporary Service-(for construction) $ 45.00 (f) Installation, addition alteration, or repair of each circuit or feeder $ 8.00 (g) Swimming pool or exterior hot tub $ 55.00 (11)Electrical Permit 400.03-400.09 Commercial, Industrial and multiple dwellings Commercial (more than two units) and Technology systems: Minimum Fee which includes one inspection $ 45.00 Each additional inspection $ 35.00 (a) Based on total job cost - 2%of estimated job cost with a minimum of $ 45.00 - Over$50,000 - Fee/$1,000.00 plus 1 412% of cost over $50,000.00 (b) Traffic Signals: Per Intersection $ 185.00 (c) Fire Alarm: Based on 3/4% of cost of electrical job to customer with a minimum of $ 45.00 (d) Carnivals,festivals and similar events plus$35.00 for each service on generator $ 110.00 (12)Electrical Permit 400.03-400.09 Based on 2% of cost of electrical job to customer with a Signs minimum of $ 45.00 (separate electrical permit required for signs) (13) Residential 400.03-400.09 Central Systems and Additions,Alterations and Repairs Heating, 1 1/2%estimated cost with a minimum of $ 35.00 Ventilating,Air (Includes one inspection) Conditioning Each additional inspection $ 35.00 and Refrigeration $ 45.00 Central Systems and Additions,Alterations and Repairs 1 1/2%estimated cost with a minimum of Commercial Heating, Ventilating,Air Conditioning and Refrigeration (14)Sign Installation 415.01-415.11 (a) Temporary sign permit $ 35.00 (b) Permanent sign(any size) $ 100.00 Building permit is required for sign support structures Fees based on building permit fee schedule BOLD represents added/amended fees A-3 4$ -5 ZONING, LAND USE AND RELATED CHARGES TYPE OF PERMIT SECTION DESCRIPTION FEE OR LICENSE REQUIRING (1) Planned Unit 542 (a) $500 plus$5/$1,000 of project value up to a Development maximum fee of $ 3,500.00 (b) PUD Plan Amendment fee-major $ 550.00 (c) PUD Plan Amendment fee-minor $ 350.00 (2) Site Plan Review 547 (a) $500 plus$.50/$1,000 of project value to a maximum fee of $ 3,500.00 (b) Major amendment $ 500.00 (c) Minor amendment $ 350.00 (3) Variance 547 Single/Two-Family Residential $ 250.00 Non Residential and Multi-Family $ 450.00 Extension $ 75.00 Variance Appeal Residential and Non Residential $ 150.00 (4) Conditional Use 547 (a) $500+$.50/$1,000 of project value to a maximum Permit fee of $ 3,500.00 (b) Major amendment $ 500.00 (c) Minor amendment $ 350.00 (5) Interim Use Permit 547 $ 500.00 (6) *Zoning District 547 $600 plus $0.50 / $1,000 of project value up to a $ 3,600.00 Change maximum fee of Zoning Code Text $ 600.00 500.00 Amendment (7) *Subdivision 500.01-500.05 $ 500.00 Approval Subdivision Waiver 500.05-Subd.2 $ 350.00 (8) Street/Easement 820/State $ 350.00 Vacation Statute (9) Appeal to Board of 547 $ 350.00 Adj.&Appeals (10)Special Request to $ 350.00 City Council (11)Zoning Compliance $ 50.00 Letter (12)Comprehensive Plan $ 600.00 Amend. (13) Plat:preliminary& $ 500.00 final *Any additional expense of notification necessitated by applicants request for continuance will be charged to the applicant. BOLD represents added/amended fees PUBLIC WORKS FEES TYPE OF PERMIT SECTION DESCRIPTION FEE OR LICENSE REQUIRING (8) Utility Services Sanitary Sewer 700.05 All land uses $ 100.00 New Service $ 100.00 Repair $ 100.00 Disconnect $ 100.00 Replacement Water Service 715.01 All land uses $ 100.00 A-4 LI S - �v TYPE OF PERMIT SECTION DESCRIPTION FEE OR LICENSE REQUIRING New Service $ 100.00 Repair $ 100.00 Disconnect $ 100.00 Replacement $ 50.00 Turn on/off $ 50.00 Meter Installation $ 50.00 Private Hydrant Storm Sewer 720 All land uses $ 100.00 New Service $ 100.00 Repair $ 100.00 Disconnect $ 100.00 Replacement FIRE SERVICES FEES TYPE OF PERMIT SECTION DESCRIPTION FEE OR LICENSE REQUIRING (6) Fire Extinguishing Based on Building Permit fee schedule with a System Permit minimum of: $ 50.00 Plan review fee: 65%of building permit fee,except no fee for the following: (a)no charge for valuation of$1,000 or less (7) Fire Alarm Systems Based on Building Permit fee schedule with a minimum of: $ 50.00 Plan review fee: 65%of building permit fee,except no fee for the following: (a)no charge for valuation of$1,000 or less (8) Flammable or Tanks(installation or modification $ 150.00 Combustible Liquid or Gas Installation or alteration of piping Storage Tanks Each unit or dispenser $ 50.00 and Piping Underground Tank Removal $ 100.00/Tank MISCELLANEOUS FEES TYPE OF PERMIT SECTION DESCRIPTION FEE OR LICENSE REQUIRING (3) Antenna 426 (a)CWTS antenna permit application fee $ 100.00 Commercial (b)Antenna permit fee for additional antennas added to $ 35.00 Wireless an existing antenna location Telecommunication Service(CWTS) BOLD represents added/amended fees A-5 AGENDA SECTION: CONSENT AGENDA ITEM# 4C REPORT# 216 STAFF REPORT RICHFIELD CITY COUNCIL MEETING NOVEMBER 14, 2011 REPORT PREPARED BY: KRISTIN ASHER, CITY ENGINEER NAME,TITLE DEPARTMENT DIRECTOR REVIEW: /4 / SIGNATU REVIEWED BY CITY ' MANAGER: . ITEM FOR COUNCIL CONSIDERATION: Consideration of first reading of ordinances relating to the enforcement of the Minnehaha Creek Watershed Districts Rules and schedule the second reading. I. RECOMMENDED ACTION: By Motion: 1. Approve the first reading of amended ordinances related to Minnehaha Creek Watershed District's Erosion Control Rule and Wetland Protection Rule 2. Schedule a second reading for December 13, 2011 II. BACKGROUND Maintaining Regulatory Authority Much of the eastern section of Richfield falls within the Minnehaha Creek Watershed District (MCWD). The City has sole regulatory authority within city boundaries with respect to MCWD's Erosion Control Rule, Floodplain Alteration Rule, Wetland Protection Rule and Stormwater Management Rule. In order to maintain regulatory authority of the Erosion Control and Wetland Protection Rules the attached City Ordinance Amendments must be approved by the City Council. Memorandum of Understanding The MCWD rules apply to properties within the watershed district boundaries even without the City adopting the proposed amendments. On July 14, 2009 the City Council approved a Memorandum of Understanding (MOU) between the MCWD 11142011 StormOrdinances and the City allowing the City to maintain exercising sole regulatory authority within City boundaries with respect to matters subject to regulation under the Districts Erosion Control, Floodplain Alteration, Wetland Protection, and Stormwater Management Rules. As part of the MOU agreement the City also agreed to update necessary City Ordinances and Zoning Codes within 180 days of District adoption to comply with the Districts rules. Minnehaha Creek Watershed District's 2010 Rules The proposed code amendments are attached and support the following 2010 MCWD regulations: • Added Erosion Control requirements related to notifications prior to dewatering, access to inspection reports, and 6"of topsoil. • Projects which require permits under the Stormwater Management and Waterbody Crossing & Structures rules will be subject to increased buffer widths and requirements including construction of New Principle Residential Structures that increase the imperviousness of the parcel. The amended ordinances impact property within the jurisdiction of the MCWD where the rules are already in place. Therefore, the purpose of amending the ordinances is for the City to maintain regulatory authority allowing the City to interpret the rules on behalf of the District. III. BASIS OF RECOMMENDATION A. POLICY • The proposed ordinance amendments are consistent with the Memorandum of Understanding between the City of Richfield and MCWD. B. CRITICAL TIMING ISSUES • In accordance with the MOU approved in 2009, the City agreed to amend and/or adopt ordinances to be consistent with MCWD Rules within 180 days of adoption by the District. Richfield has been granted and extensions until the end of calendar year 2011. C. FINANCIAL • N/A D. LEGAL • The proposed ordinance amendments were prepared by the City Attorney. E. ENVIRONMENTAL CONSIDERATIONS • The MCWD strives to protect, improve and manage surface waters and affiliated ground water resources within the District. The proposed rules support this mission. IV. ALTERNATIVE RECOMMENDATIONS) • The Council may choose not to approve the first reading of the amended ordinances and direct staff on how to proceed. V. ATTACHMENTS • Proposed Amendments to Erosion and Sedimentation Control Ordinance Subsections 428.11 and 428.13 • Proposed Amendments to Wetland Protection Ordinance Section 427 and Subsection 429.06 • Watershed District Map VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None anticipated. CITY OF RICHFIELD ORDINANCE NO. AN ORDINANCE RELATING TO EROSION AND SEDIMENTATION CONTROL REGULATIONS; AMENDING SUBSECTIONS 428.11 and 428.13 OF THE RICHFIELD CITY CODE THE CITY OF RICHFIELD DOES ORDAIN: Section 1. Subsection 428.11 of the Richfield City Code is amended to read as follows: 428.11. Erosion control plans. Subdivision 1. Land disturbing activities not exempt from this Section shall be required to have an approved erosion control plan on file with the City prior to commencement of construction. Subd. 2. The erosion control plan shall contain all information necessary for the City Engineer to determine that adequate erosion control and sedimentation measures are proposed. The plan shall include a topographic map showing existing and proposed contours, location of any natural water courses, storm sewers, and drainage ways. The extent of the land disturbing activity and any erosion control measures shall be shown on the submitted erosion control plan. Unless otherwise authorized by the administrator the following information shall be submitted with the site map and grading plan: (a) Existing and proposed topography of the site showing contour intervals of no less than two (2) feet. (b) Contour lines extending beyond the property boundaries for a distance sufficient to show the relationship between on-site and off-site drainage. (c) Property lines shown in true location with respect to topographic information on the plan. (d) Location and graphic representation of all existing and proposed natural and man-made drainage facilities. (e) Detailed plans of any surface and sub-surface drainage devices, walls, cribbing, dams, and other devices to be constructed with or as part of the proposed work and a map showing the drainage area and the estimated runoff of the areas served by any drain. (0 Location and graphic representation of proposed excavation, fill, on-site storage of soil and other earth material, and on-site disposal of earth material. (g) Location of proposed final surface runoff, erosion and sediment control measures. 394213v1 CLL 12C145-364 uc 02- (h) Quantity, in cubic yards, of soil or earth material to be excavated, filled, stored or otherwise utilized on-site. (i) Outline of the methods to be used to clear vegetation and to store and dispose of cleared vegetative matter. (j) Proposed sequence and schedule of excavation, filling, and other land disturbing and filling activities, and soil or earth material storage or disposal. (k) Location of any buildings or structures on the property where the work is to be performed and the location of any buildings or structures on adjacent properties that are within fifteen (15) feet of the property line of the subject property or that may be affected by the proposed grading operations. (1) A narrative report summarizing the proposed erosion control measures shall be submitted. This report shall describe the timing of the installation, phasing, stabilization of all erosion control structures, and maintenance and eventual removal of all erosion control structures. (m) For land disturbing activities within the Minnehaha Creek Watershed District jurisdiction, any other information required for an application by Minnehaha Creek Watershed District, Rule BErosion Control Rule. Section 2. Subsection 428.13 of the Richfield City Code is amended to read as follows: 428.13. Maintenance of erosion and sediment control measures, notification and inspection. Subdivision 1. It shall be responsibility of the owner/developer to maintain all erosion control structures in a condition that will ensure continuous functioning of those devices. As a minimum, maintenance shall meet all requirements of the Minnehaha Creek Watershed District Erosion Control Rule. If, after the installation of the erosion control structure, the City Engineer determines that additional measures are needed, they shall be installed at the expense of the owner. Subd. 2. Any erosion or sediment that runs off or blows off the site onto adjoining properties, City streets, storm sewer, etc. shall be the responsibility of the owner or developer for clean-up and restoration. If the owner fails to properly clean up or restore all areas affected by erosion, the City will hire a contractor to complete the work and bill the owner for the expenses associated with the clean-up. Failure to maintain these measures shall be a violation of this Section. Subd. 3. The City may require an applicant to provide a bond or other financial guarantee in form satisfactory to the City and meeting the requirements of the Minnehaha Creek Watershed District for financial assurances to guarantee the installation and maintenance of erosion control measures and compliance with the requirements of this Section. (Amended 2010- 16) 394213v1 CLL RC145-364 2 L-1c Subd. 4. The owner/developer shall meet all requirements for inspection and notification specified in the Minnehaha Creek Watershed District Erosion Control Rule. Section 3. This Ordinance is effective in accordance with Section 3.09 of the Richfield City Charter. Debbie Goettel, Mayor ATTEST: Nancy Gibbs, City Clerk 394213v1 CLL RC145-364 3 CITY OF RICHFIELD ORDINANCE NO. AN ORDINANCE RELATING TO WETLAND PROTECTION; AMENDING SECTION 427 AND SUBSECTION 429.06 OF THE RICHFIELD CITY CODE THE CITY OF RICHFIELD DOES ORDAIN: Section 1. Section 427 of the Richfield City Code is amended as follows: 427.01. Purpose. The purpose of this section is to achieve the policies described in the city's surface water management plan relating to wetland management. 427.03. Administration. The City will act as the Local Government Unit (LGU) for administration of the Wetland Conservation Act, Minnesota Statutes, Sections 103G.221 through 103G.2372 (WCA). 427.05. Buffer. NeWithin the jurisdiction of the Minnehaha Creek Watershed District, no activity requiring a permit under the WCA or the Wetland Protection Rule of the Minnehaha Creek Watershed District will be permitted without providing for a buffer meeting the requirements of City Code, Subsection 429.06. 427.07. Wetland filling, draining and dredging regulations. The Wetland Conservation Act, as amended, and the rules implementing the Wetland Conservation Act as set forth in Minnesota Rules, chapter 8420, as amended, are incorporated as part of these regulations and shall govern draining, filling, and dredging in wetlands with the following additional requirements: Subdivision 1. Persons draining, filling or dredging wetlands within the jurisdiction of the Minnehaha Creek Watershed District are required to meet the additional requirements set forth in the Wetland Protection Rule of the Minnehaha Watershed District.Replacement for excavation in excavation is in wetlands within the jurisdiction of the Minnehaha Creek Watershed District. - - - --- - -- - - - -- - " -- - -- -- - - 'I - - - e " •• 394452v1 CLLRC145-364 1 I-1c Subd. 3. Wetland improvement. Excavation shall be deemed self degraded; the proposed activity would increase the wetland's function and - ..- . -- . _ _ -- Minnehaha Creek Watershed District. Section 2. Subsection 429.06 of the Richfield City Code is amended as follows: 429.06. Buffers required; Special rule for Minnehaha Creek Watershed District. Subdivision 1. Within the jurisdiction of the Minnehaha Creek Watershed District (MCWD), no activities requiring a permit under this subsectionthe Wetland Protection Rule of the MCWD will be permitted without providing for a buffer meeting the requirements of the Wetland Protection Rule of the MCWD. Buffers must be created. documented. marked by monuments. maintained and monitored in accordance with the Wetland Protection Rule of the MCWD. e •- - - - - • - - - - Size of Wetland Width of Buffer Zone 0 1 acre 16.5 feet 1 2.5 acres 20 feet 5 5 acres 25 feet Over 5 acres 35 feet Subd. 2. The buffer is required on that part of the wetland edge _• . _- .. __ - - . A e - • - - - - - •- - - - - -• Minnehaha Creek Watershed District in place of a recorded comply with this subsection. 394452v1 CLL RC145-364 2 __ sa Subd. 4. Buffer vegetation shall not be cultivated, cropped, pastured, mowed, fertilized, subject to the placement of mulch or yard waste, or disturbed, except for periodic cutting or burning other actions to maintain or improvc buffer quality, each as agrccment cxecuted with the City. Pesticides and hcrbicides may 18) Section 3. This ordinance is effective in accordance with section 3.09 of the Richfield City Charter. Debbie Goettel, Mayor ATTEST: Nancy Gibbs, City Clerk 394452v1 CLL RC145-364 3 3 3 3 3 4 3 3 i3 n g S 493 9 s 4 9 n a I O XERXES a b XERXES WASHBURN F t WASHBURN p VINCENT VINCENT I O O UPTON 1i UPTON N THOMAS 4 THOMAS O SHERIDAN -61 A SHERIDAN 0 O RUSSELL i i 1 RUSSELL QUEEN T QUEEN , ■ PENN .c:::' PENN I� OLIVER OLIVER v\ NEWTON flg pp NEWTON MORGAN MORGAN O O i < 's O LOGAN LOGAN KNOX ,Y,y S k KNOX JAMES R g JAMES IRVING IRVING 33 HUMBOLDT HUMBOLDT • O GIRARD g 13 GIRARD � r FREMONT _ FREMONT EMERSON Q O q EMERSON DUPONT k DUPONT COLFAX a COLFAX (�o . / /, ALDRICH sc J ALLDRICH BRYANT ALDRICH / CD m 0 LYNDALE t, ;o LYNDALE , c4 0. GARFIELD C ';' N E GARFIELD a HARRIET 011 HARRIET .,C 4 GRAND o2 i:S GRAND PLEASANT e" PLEASANT „3 PILLSBURY 1; PILLSBURY WENTWORTH 0 ; ° bi WENTWORTH al BLAISDELL e+ +fie�'/i `S BLAISDELL [g :a 3a. 3 ° s i NICOLLET NICOLLET ` ■ 1st .4 1st �• 4 STEVENS STEVENS 1 2nd 2nd INN 3rd .cE 3rd _I 1.i6 CLINTON € A f l CLINTON 4th ' i / i I 4th 5th l s`' 5th ti :i3'3'. P (1) ORTLAND PORTLAND OAKLAND 4'+ T ; , .. PARK " OAKLAND Cl 7 C r\ C+ J�A PARK COLUMBUS £, C 4', Q,` COLUMBUS CHICAGO +n( CHICAGO ELLIOT \ L\ ELLIOT 0 10th G/_vJ 10th ■• 11th �, 6 F3 11th 12th 12N 13th (L) 13th �/ 14h W Li 14th ■• 5th 0 15th n BLOOMINGTON 53 BLOOMINGTON 16th ! Fi R34 I'. 16th illiM 17th q N 17th z 18th C CEDAR D m r 3 3 3 3 4' S Y 3 n K Z 73 m a a m N Q o r^ Z cu CI c) +z cD AGENDA SECTION: CONSENT AGENDA ITEM# 4D REPORT# 217 STAFF REPORT RICHFIELD CITY COUNCIL MEETING NOVEMBER 14, 2011 REPORT PREPARED BY: MELISSA POEHLMAN, CITY PLANNER NAME,TITLE DEPARTMENT DIRECTOR REVIEW: N a — REVIEWED BY CITY / MANAGER ', j I / Ia ITEM FOR COUNCIL CONSIDERATION: First reading of an amendment to the City's Zoning Ordinance. The proposed Ordinance will revise the standards and rocess for consideration of the expansion of dimensional or bulk p p nonconformities in the Mixed Use Districts. I. RECOMMENDED ACTION: By Motion: Approve a first reading of the attached Ordinance amending Subsection 537.13, Subdivision 2 related to the consideration of the expansion of dimensional or bulk nonconformities in the Mixed Use Districts. II. BACKGROUND In 2006 the City revised the Zoning Code to create the Mixed Use Districts. As part of this revision process, the City thought it prudent to include provisions to allow for some expansion of buildings and/or uses that would become legally nonconforming under the new zoning designations. As of this year, these regulations had not yet been tested on an actual application. In September the City received its first request for an expansion of a nonconforming building. In considering this application, it became clear that the proposed method for processing such requests (site plan approval) was inadequate for addressing the property in question and will likely be inadequate for addressing future applications. The nature of an existing nonconforming structure will almost certainly require more flexibility than the site plan approval process is designed to accommodate. For that 111411 – 1st Reading -Ord Amend -bulk nonconformities MU reason, the proposed Ordinance will change the administrative process used in these instances from site plan review to a conditional use permit consideration. The proposed Ordinance also revises the criteria necessary to issue a conditional use permit for the expansion of a bulk or dimensional nonconformity. III. BASIS OF RECOMMENDATION A. POLICY • Provisions related to the expansion of legally nonconforming buildings were specifically added to Mixed Use District regulations to provide flexibility. The conditional use permit process is a more appropriate vehicle for addressing the specific circumstances of an expanding nonconforming. • Specific conditions related to the issuance of a conditional use permit for the expansion of a nonconforming building have been drafted based on 1) existing regulations related to general conditional use permits, and 2) existing regulations related to expansion of nonconforming buildings under the site plan approval process. Conditions are proposed as follows: a) The proposed expansion will not increase the overall, site-wide degree of nonconformity; b) The applicant(s) must demonstrate that the proposed expansion meets zoning and Comprehensive Plan requirements to the greatest degree practical. These requirements include, but are not limited to parking, landscaping, architectural design and façade treatment, and site design; c) Departures from zoning and Comprehensive Plan requirements must be off-set through superior design and/or additional community/site amenities; d) The proposed expansion will not significantly impede implementation of goals and policies of the Comprehensive Plan; e) The proposed expansion will not have undue adverse impacts on neighboring residential properties; f) The proposed expansion will not have undue adverse impacts on governmental facilities, utilities, services or existing or proposed improvements; and g) The proposed expansion will not have undue adverse impacts on the public health, safety or welfare. B. CRITICAL TIMING ISSUES • An application has been submitted for a conditional use permit as described by this Ordinance. The application cannot be considered unless the Ordinance is adopted. C. FINANCIAL • N/A D. LEGAL • A public hearing to consider the attached Ordinance was held before the Planning Commission on October 24, 2011. Notice of the public hearing was published in the Sun Current in accordance with State and Local requirements. No members of the public spoke. • The Planning Commission recommended approval of the attached ordinance (7-0). • A second reading is scheduled for December 13, 2011. E. ENVIRONMENTAL CONSIDERATIONS • None. IV. ALTERNATIVE RECOMMENDATIONS) • Approval of the attached Ordinance with additional changes. • Reject the attached Ordinance. V. ATTACHMENTS • Ordinance VI. PRINCIPAL PARTIES EXPECTED AT MEETING • N/A LI D — 1 BILL NO. AMENDMENT TO RICHFIELD CITY CODE SUBSECTION 537.13, SUBDIVISION 2 RELATED TO EXPANSION OF DIMENSIONAL OR BULK NONCONFORMITIES IN THE MIXED USE DISTRICTS THE CITY OF RICHFIELD DOES ORDAIN: Section 1 Subsection 537.13, Subdivision 2 of the Richfield City Code is amended to read as follows: Subd. 2. Expansion of Dimensional or Bulk Nonconformities. Legally nonconforming buildings existing prior to February 19, 2006 that do not meet dimensional or bulk standards of the Mixed Use Zoning District may be expanded through review and approval of a site plan — Subsection 547.13. Expansion or modification of a legally nonconforming building shall: a) Not increase the overall, site-wide degree of nonconformity; b) Result in the building and property being in greater conformance with the goals and--policies of the Comprohcnsive Plan; and Demonstrate that zoning and Comprehensive Plan requirements are met to the greatest degree practical. These requirements include, but are not limited to: parking, landscaping, architectural design and facade treatment, and site design; c) Off-set departures from zoning and Comprehensive Plan requirements through superior design and/or additional community/site amenities; Gd) Not significantly impede implementation of goals and policies of the Comprehensive Plank e) Not have undue adverse impacts on neighboring residential properties; f) Not have undue adverse impacts on governmental facilities, utilities, services or existing or proposed improvements; and g) Not have undue adverse impacts on the public health, safety or welfare. Sec. 2 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 22nd day of November, 2011. Debbie Goettel, Mayor ATTEST: Nancy Gibbs, City Clerk AGENDA SECTION: CONSENT AGENDA ITEM# 4E REPORT# 218 EWA" STAFF REPORT RICHFIELD CITY COUNCIL MEETING NOVEMBER 14, 2011 REPORT PREPARED BY: MARK L. HALL OPERATIONS MANAGER FLEET/PARKS NAME,TITLE DEPARTMENT DIRECTOR ❑ REVIEW: REVIEWED BY CITY ri• MANAGER: ITEM FOR COUNCIL CONSIDERATION: Consideration of the City of Richfield participating in the National Joint Powers Agreement (NJPA) cooperative purchasing program. I. RECOMMENDED ACTION: By Motion: Approve the agreement with the National Joint Powers A• reement NJPA cooperative purchasing •ro• ram. II. BACKGROUND Purchasing supplies, materials, and equipment through a cooperative purchasing program, allows the City to purchase these items at a lower cost due to the purchasing power of a large group. The City of Richfield currently purchases from two cooperative sources: • Hennepin County Cooperative Purchase Program. • State of Minnesota Cooperative Purchasing Program In the proposed 2012 budget, a blacktop paver is scheduled to be purchased. This paver is not currently on the County or State Cooperative Purchasing Programs but can be purchased at the best price through the NJPA. If approved by Council, the City will have the ability to purchase not only the blacktop paver at the best price but also a wider variety of equipment not currently on the County or State Cooperative Purchasing Programs. These items could be 11142011 NJPA procured with cooperative purchasing through the National Joint Powers Agreement. III. BASIS OF RECOMMENDATION A. POLICY • The National Joint Powers Agreement must be approved by the City Council before staff can begin to use it for purchasing. B. CRITICAL TIMING ISSUES • Approval and subsequent signing of the agreement before year end will allow the City to purchase a wider variety of equipment at the lowest possible cost for 2012. C. FINANCIAL • None D. LEGAL • The City Attorney has reviewed the proposed Agreement and determined there are no legal issues with the City being a member of the NJPA. E. ENVIRONMENTAL CONSIDERATIONS • None IV. ALTERNATIVE RECOMMENDATION(S) • Council may choose not to approve this agreement but staff feels by becoming a member of NJPA the City will save money when purchasing large equipment items such as the blacktop paver. V. ATTACHMENTS • Joint Powers Agreement VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None Li k JOINT EXERCISE OF POWERS NJ PA AGREEMENT National Joint Powers Alliance' This Agreement is Between the National Joint Powers Alliance® (NJPA) and (participating governmental agency) Agreement. The participants in this Joint Exercise of Powers Agreement, hereinafter referred to as the Agreement, agree to jointly or cooperatively exercise certain powers common to them for the procurement of various goods and services by the participants. The term"governmental agency" as defined and used in this Agreement, includes any city, county, town, school district, education agency, post secondary institution, governmental agency or other political subdivision of any agency of any state of the United States or any other country that allows for the Joint Exercise of Powers, and includes any instrumentality of a governmental agency. For the purpose of this section, an instrumentality of a governmental agency means an instrumentality having independent policy making and appropriating authority. Purpose. The purpose of this Agreement is to allow for the cooperative efforts to provide for contract and vendor relationships to purchase supplies,materials, equipment or services (hereinafter referred to as goods and services,)as a result of the current and active competitive bidding process exercised by a legal qualifying bidding agency on behalf of governmental and other qualifying agencies. Qualified customers may forgo the competitive bidding process as a result of this action and process provided on the agencies behalf. Reference the Uniform Municipal Contracting Law MN Statute 471.345 subd 15. This provision is made possible as a result of the purchasing contract development through a national governmental agency association's purchasing alliance. Whereas,parties to this Agreement are defined as governmental agencies in their respective states; and Whereas, this Agreement is intended to be made pursuant to the various Joint Exercise of Powers Acts of the states or nations of the respective participating governmental agencies which authorizes two or more governmental agencies to exercise jointly or cooperatively powers which they possess in common; and Whereas, the undersigned Participating Governmental Agency asserts it is authorized by Intergovernmental Cooperation Statutes to enter into an agreement with NJPA to cooperate in procurement of goods and services; and Whereas, NJPA asserts it is a Minnesota Service Cooperative created and governed under Minnesota Statute §123A.21 authorized by Minnesota Statute§471.59 to `jointly or cooperatively exercise any power common to the contracting parties"; and Whereas, the undersigned Participating Governmental Agency and NJPA desire to enter into a "Joint Exercise of Powers Agreement" for the purpose of accessing available purchasing contracts for goods and services from each other which can be most advantageously done on a cooperative basis; Now Therefore, it is mutually agreed as follows: 1. The Parties to this agreement shall provide in a cooperative manner access to each other's purchasing efforts to procure supplies, equipment,materials and services hereinafter referred to as "goods and services", 2. The Parties to this Agreement will adhere to any and all applicable laws pertaining to the purchasing of goods and services as they pertain to the laws of their state or nation, 3. Either Party to this Agreement may terminate their participation in this Agreement upon thirty(30) days written notice, 4. Neither Party to this Agreement claims any proprietary interest of any nature whatsoever in any of the other participants in this Agreement 5. Each party agrees that it will be responsible for its own acts and the result thereof to the extent authorized by law and shall not be responsible for the acts of the other party and the results thereof. NJPA's liability shall be governed by the provisions of the Minnesota Tort Claims Act,Minnesota Statutes, Section §3.736, and other applicable law; 09/21/2010 4E ^a JOINT EXERCISE OF POWERS AG R EEN ENT National Joint Powers Alliance 6. Both Parties to this Agreement agree to abide by all of the general rules and regulations and policies of the participating agencies that they are receiving goods and services from; 7. Both Parties to this Agreement agree to strict accountability of all public funds disbursed in connection with this joint exercise of powers; 8. Both Parties to this Agreement agree to provide for the disposition of any property or surplus moneys(as defined by the participant)acquired as a result of this joint exercise of powers in proportion to the contributions of the governing bodies and; 9. Both Parties to this Agreement acknowledge their individual responsibility to gain ratification of this agreement through their governing body. This Agreement allows for the NJPA to provide procurement contracts on behalf of all qualified participating agencies pursuant to the Uniform Municipal Contracting law,MN Statute §471.345 Subd 15. PARTICIPANT INFORMATION City of Richfield Applicant Name: Reference: Address: 6700 Portland Avenue S Minnesota Join Exercise of Powers M.S.471.59 Richfield, MN 55423 Contact Person: Mark Hall Participating Agency Title: Operations Manager Fleet/Parks Joint Exercise of Powers Authority E-mail: rahall@cityofrichfield.org granted under State Statute Phone: 612-861-9173 Website www.cityofrichfield.org THE UNDERSIGNED PARTIES HAVE AGREED THIS DAY TO THE ABOVE CONDITIONS. Member Name: By AUTHORIZED SIGNATURE Steven L. Devich AUTHORIZED SIGNATURE Debbie Goettel Its City Man,agPr Mayor TITLE TITLE 11/14/11 11/14/11 DATE DATE National Joint Powers Alliance® Completed agreements may be returned to: National Joint Powers Alliance® AUTHORIZED SIGNATURE 200 First Street NE, Suite 1 Staples,MN 56479 TITLE Duff Erholtz DATE phone 218-894-5490 fax 218-894-3045 e mail duff.erholtz @njpacoop.org AGENDA SECTION: CONSENT AGENDA ITEM# 4F REPORT# 219 STAFF REPORT RICHFIELD CITY COUNCIL MEETING NOVEMBER 14, 2011 REPORT PREPARED BY: JIM TOPITZHOFER,RECREATION SERVICES DIRECTOR NAME,TITLE DEPARTMENT DIRECTOR REVIEW: / 1 • G.`.A.. 1 4 REVIEWED BY CITY MANAGER: 111/411d • ITEM FOR COUNCIL CONSIDERATION: Consideration of the attached two-year Use and Indemnification Agreement between the City of Richfield and Tom Price for the use of a 4,690 square-foot strip of land along the edge of Lincoln Field. I. RECOMMENDED ACTION: By Motion: Approve the attached two-year Use and Indemnification Agreement between the City of Richfield and Tom Price for the rental of a 4,690 square-foot strip of land along the edge of Lincoln Field. II. BACKGROUND Mr. Price, owner of the manufactured home park Woodlawn Terrace, has rented the northern ten feet of Lincoln Fields for many years. The current agreement has expired and staff has negotiated a new Use and Indemnification Agreement. The expired agreement had a term of two years in the amount of$3,200. The County Appraiser suggested a rate of$2,242 per year based upon the current land value of a manufactured home park of similar size to Woodlawn Terrace and given the restrictions that apply to the strip of land. Mr. Price was agreeable to raise the rate for the new agreement to $1,850 per year for the next two years for a combined amount of$3,700. Staff originally was recommending the same rate of$2,442 per year as suggested by the County Appraiser. Mr. Price explained that there are only five mobile homes 1114 tom price use and indemnification agreement partially located on the leased park land and that it would be difficult to make up the difference with his current rate in a time that his rental rates have not increased. III. BASIS OF RECOMMENDATION A. POLICY • By policy, the City Council reviews, considers and executes all City contracts, including lease renewals. B. CRITICAL ISSUES • The arrangement has been revisited every two years. The City does not have an immediate need for the land. C. FINANCIAL • The County Appraiser suggested a rate of$2,242 per year based upon the current land value of a manufactured home park of similar size to Woodlawn Terrace and given the restrictions that apply to the strip of land. Mr. Price was agreeable to raise the rate for the new use and indemnification agreement to $1,850 per year for the next two years, as a compromise for the steep rate increase over the previous rate. D. LEGAL • The attached Use and Indemnification Agreement was reviewed by the City Attorney. E. ENVIRONMENTAL CONSIDERATIONS • N/A IV. ALTERNATIVE RECOMMENDATION(S) • Do not approve the Use and Indemnification Agreement with Tom Price for the strip of land at Lincoln Field. V. ATTACHMENTS • Use and Indemnification Agreement between the City and Tom Price. VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None USE AND INDEMNIFICATION AGREEMENT THIS USE AND INDEMNIFICATION AGREEMENT (the "Agreement") is made as of November 14, 2011 by and between the CITY OF RICHFIELD, a Minnesota municipal corporation (the "City"), and THOMAS PRICE, an individual residing at 7421 Lyndale Avenue South, Richfield, MN 55423 ("Price"). RECITALS A. Price is the owner of a tract of land which is legally described in the Property ID number 34 028 24 32 0015. ADN UNPLATTED 34 028 24. METES/BOUNDS DESCRIPTION: THE S 5 ACRES OF THE N 10 ACRES OF NW 1&4 OF SW 1&4 AND THE N 4 FT THAT PART OF THE NW 1&4 OF SW 1&4 LYING S OF THE N 10 ACRES THEREOF EX R R R&W AND THE ROAD ("Price Property"). B. The City is the owner of a parcel of land which is legally described in the Property ID number 34 028 24 32 0025. ADN UNPLATTED 34 028 24. METES/BOUNDS DESCRIPTION: W 468 68/100 FT OF E 493 68/100 FT OF THAT PART OF THE S 20 ACRES OF N 30 ACRES OF NW 1/4 OF SW 1/4 LYING S OF THE N 4 FT THEREOF ("City Property"). C. Price is desirous of obtaining permission from the City to utilize a portion of the City Property in conjunction with the mobile home park which Price operates on the Price Property. This portion consists of the northern ten feet of the City property from the east to west boundaries, approximately 4,690 square feet. D. The City is willing to permit such use in return for Price's agreement to indemnify, protect, defend, and hold harmless the City and to fulfill the other obligations contained herein pursuant to this Agreement. AGREEMENT 1. Offer and Acceptance of Agreement. Subject to the terms and conditions of This Agreement, and in consideration of the covenants contained herein, the City and Price agree that Price may use the City Property for the period commencing on August 1, 2011, and terminating July 31, 2013 for a fee of$3,700 payable in two installments: $1,850 on or before November 15, 2011 and $1,850 on or before August 1, 2012. 2. Maintenance and Repair. Price shall, at his own cost and expense maintain and repair the City Property and shall at all times keep it in compliance with regulations of the City. The City shall have no responsibility for the maintenance or repair of the City Property. 3. Indemnification and Insurance. (a) Price shall at all times defend, protect, indemnify, and hold harmless the City and its agents, officers, servants, and employees from any and all claims for damages and other remedy, including but not limited to costs and attorney fees, arising from or by reason of the maintenance, use, and repair of the City Property. Nothing in this Agreement shall be construed as a waiver by the City of any immunities, defenses, or other limitations on liability to which the City is entitled by law, including but not limited to the maximum monetary limits on liability established by Minnesota Statutes, Chapter 466. L1 F—a- (b) Price, at his sole cost and expense, shall maintain in full force and effect during the term of this Agreement general liability insurance in the minimum amounts of$1,000,000 bodily injury, including death, per person; $1,000,000 bodily injury, including death, per occurrence; and $500,000 property damage per occurrence. A certificate of insurance evidencing compliance with this Agreement shall be provided to the City by Price. The City shall be named as an additional insured on the insurance policy described herein, and such policy shall contain a stipulation that Price's insurer will provide thirty (30) days prior written notice of cancellation of such insurance to the City. The insurance shall be carried by solvent and responsible insurance companies licensed to do business in the State of Minnesota. 4. Miscellaneous Provisions. (a) Any titles of the several paragraphs of the Agreement are inserted for convenience of reference only and shall be disregarded in construing or interpreting any of its provisions. (b) Any notice, demand, or other communication under this Agreement by either party to the other shall be sufficiently given or delivered if it is dispatched by registered or certified mail, postage prepaid, return receipt requested, or delivered personally; and (i) in the case of Price, is addressed to or delivered personally to Price at 7421 Lyndale Avenue South, Richfield, MN 55423, and (ii) in the case of the City, is addressed to or delivered personally to the City at the Richfield Community Center, 7000 Nicollet Avenue South, Richfield, MN 55423 or at such other address with respect to either such party as that party may, from time to time, designate in writing and forward to the other as provided in this Paragraph. (c) This Agreement may be executed in any number of counterparts, each of which shall constitute one and the same instrument. (d) This Agreement constitutes the entire agreement between Price and the City with respect to the City Property and supersedes any other written or oral agreements between the parties on that subject. This Agreement can be modified only in a writing signed by the parties. (e) The City may terminate this Agreement: (i) if the termination is based upon health, safety or the need to make modifications within the City Property or by Price's transfer or sale of the Price Property, by the giving of 90 days written notice to Price; or (ii) otherwise by the giving of 180 days written notice to Price. The termination shall be effective at the end of such notice period, at which point neither party shall have any further obligation hereunder, except that Price's obligations under paragraph 3 shall survive. (f) On or before the expiration date or the effective date of termination of this Agreement, Price shall remove all structures from the City Property and restore the City Property with fully established sod. (g) Price agrees to make no claim against the City for damages which Price may suffer as a result of the City's termination of this Agreement. (h) Except as specifically set forth herein, nothing in this Agreement shall be construed to exempt Price from or waive the application of any federal, state, or local law, rule, or regulation. (i) Nothing in this Agreement shall be construed as abandonment of the City Property by the City or as any relinquishment of any right the City may have with regard to the Property. Price specifically acknowledges and agrees that its construction and maintenance of the Property is at the sufferance of the City and subject to the City's right to terminate such use in accordance with the provisions in paragraph 4(e) hereof. 4� _3 (j) In the event that the use of the City Property under this Agreement renders the City Property taxable, Price agrees to pay, before penalty attaches, all ad valorem property taxes or other similar taxes levied against the City Property. (k) This Agreement may be extended by the parties from time-to-time and upon such terms as they shall mutually agree to. (I) No new structure shall be erected on the City Property without the prior written consent of the City; and, Price shall not use the City Property for any purpose other than in connection with the mobile home park without the prior written consent of the City. IN WITNESS WHEREOF, Price and the City have executed this Agreement this 14th day of November, 2011. CITY OF RICHFIELD By Debbie Goettel Its Mayor And Steven L. Devich Its City Manager Thomas Price AGENDA SECTION: CONSENT AGENDA ITEM# 4G REPORT# 220 STAFF REPORT RICHFIELD CITY COUNCIL MEETING NOVEMBER 14, 2011 PAM DMYTRENKO, REPORT PREPARED BY: ASS i T CITY MANAGER , dir Prilla REVIEWED BY CITY MANAGER: VI AT ITEM FOR COUNCIL CONSIDERATION: Accept the change order report for the Richfield Municipal Project for an aggregate net effect of$71,788.83 in items included in the project budget. I. RECOMMENDED ACTION: By Motion: Accept the Richfield Municipal Center change order report for an aggregate net effect of $71,788.83 in items included within the project budget. II. BACKGROUND Resolution No. 10309 provides the City Manager the authority to approve change orders for all contracts awarded by the City Council for the construction of the new Richfield Municipal Center subject to the following limitations: • Up to an aggregate of$25,000 for non-budgeted items • Up to an aggregate of$100,000 for items within the project budget Following the approval of such change orders, the City Manager must report this information to the City Council. Attached is the list of the approved project change orders since the October 11, 2011 City Council meeting. Some change orders represent an increase to the originally awarded contract and some represent a decrease. 0510change orders The most significant change order items on this list are as follows: Miscellaneous electrical changes ($19,034) This change order includes both electrical and mechanical work done due to changes in Public Safety office configurations. Wall revisions ($18,019) This change order reflects the costs to create additional space for Motorola and Quest equipment in order to support the Dispatch Center. Radio Room and Dispatch Area Revisions ($15,449) This work reflects changes required from both Motorola and Quest for emergency back up power for Dispatch and related equipment. Total net project change orders to-date is $480,557. III. BASIS OF RECOMMENDATION A. POLICY • In order to maintain the construction schedule of the Richfield Municipal Center project and respond to change order requests in a timely manner, the City Council has authorized (Resolution No. 10309) the City Manager to approve change orders up to an aggregate value of$100,000 for budgeted items and up to an aggregate value of$25,000 for non-budgeted items. B. CRITICAL TIMING ISSUES • The City Manager must report approved change orders for the Richfield Municipal Center to the City Council at the next Council meeting. • These change orders have already been approved and, in most cases, implemented. C. FINANCIAL • The change orders before the Council for review on November 14, 2011 represent a net effect of$71,788.83 for budgeted items. • Total net project change orders to-date is $480,557. D. LEGAL • NA E. ENVIRONMENTAL CONSIDERATIONS • NA IV. ALTERNATIVE RECOMMENDATIONS) • None V. ATTACHMENTS • Richfield Municipal Center Change Order Log VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None LI G - ∎ - . § \ o 6 a) / • r I / ) � 22222 f 6060 (7, 25E0 2 2 : cCe 2 e / 0 > 5fqk § 7 0 S k L z S 8 k w (0 G / - c o § . : c 5 2 2 c ± ± >I N R >> I < O > e e § 7 000000 . 00 S 2` o f c - - mN. — C (00) a § g G7N7N. N � 70) k 7 « 0) (��.-- - , - R 0 c : Cl) ce o k Co o 7 I E f a. x , # e o c o q a) u w a @ o cE7k = G2 O; \ \ $ k O a) J5 ¥ 2222 ° c o 3 a) • k w o k k § § <-.- w 1.. -a22 « E C)0. 1 o c0 0 O-C a) f o b w m = a - o ,- m 0 0 @ o= a) < E C).. _ C � T3/ / $ -13 al a) f f8 c g CU 02I % 2 = $ 2AQ ¥ u) as .0 .0 f � § E\ ask � # k \ $ 0 O C.) ' 0 O = E / % 0 § > & k @o % 2021 © \ C ._ \ 0 . m / 222 S ._ < .- T,E $ ~ 2 § % 8 2 2 / A a wI / rC & U « mO z qt � 2 G % / � " rr 'a- * ct cco = - nomn = , 11 ; tY $ # 00ca) al ‘ Cnn _ 0 w - - '- � mma � U � .- 1 : . . . ! ; AGENDA SECTION: CONSENT AGENDA ITEM# 4H REPORT# 221 STAFF REPORT RICHFIELD CITY COUNCIL MEETING NOVEMBER 14, 2011 REPORT PREPARED BY: BETSY OSBORN, SUPPORT SERVICES MANAGER NAME,TITLE DEPARTMENT DIRECTOR REVIEW: //7 A REVIEWED BY CITY MANAGER: n 7./_.474„ ITEM FOR COUNCIL CONSIDERATION: Consideration of a request from the State of Minnesota to review the request for the renewal of currency exchange licenses for 2012. I. RECOMMENDED ACTION: By Motion: Approve the requests for the renewal of the following currency exchange licenses for 2012: 1. New Unbank Company, LLC., 6421 Penn Avenue South; and, 2. Los Gallos 12, Inc., 6539-B 14th Avenue South, Richfield. II. BACKGROUND On October 3, 2011, the City received notification from the State of Minnesota, Department of Commerce, of renewal applications for currency exchange licenses in the name of New Unbank Company LLP, 6421 Penn Avenue South and Los Gallos 12, Inc., 6539-B 14th Avenue South. All of the information required by the State of Minnesota has been provided by New Unbank Company LLP and Los Gallos 12, Inc. In addition, the background investigation conducted by the Bureau of Criminal Apprehension found no information on any of the applicants. The applicants have complied with State Statute 53A.04 for currency exchange licenses with the State of Minnesota. 111411 Renewal of Currency Exchange Licenses Public Safety staff checked the number of police contacts the establishments had in the previous year. The New Unbank Company, LLC had two (2) Public Safety/Police contacts during the past year. One contact involved a theft and the other involved a forgery. Los Gallos 12, Inc. had no Public Safety contacts during the past year. III. BASIS OF RECOMMENDATION A. POLICY • A license for this type of business is not required in the City. However, effective on April 24, 1992, Minnesota Statute 53A.04 requires that the Department of Commerce submit any application for licensure as a currency exchange license to the governing body of the municipality in which the business proposes to conduct business. • This law also requires the governing municipality to render a decision regarding issuance or denial of the license within 60 days of the receipt of the State's notification. • The State requires that the applicant submit the following information when applying for this type of license: ➢ License fees in the amount of$500. ➢ A current fee schedule used for cashing checks, money orders, or traveler's checks. ➢ A surety bond in the amount of$10,000. ➢ Any owner, partner, director, stockholder (owning 10% or more of the corporate stock) or any employee with the authority to exercise management or policy control over the company must submit to a background investigation by the Bureau of Criminal Apprehension. B. CRITICAL TIMING ISSUES • The City must reach a decision regarding issuance or denial of the license within the 60 days noted above. C. FINANCIAL • N/A D. LEGAL • N/A E. ENVIRONMENTAL CONSIDERATIONS • N/A IV. ALTERNATIVE RECOMMENDATION(S) • Deny the request for the renewal of the currency exchange licenses for New Unbank Company, LLC and Los Gallos 12, Inc. However, the Public Safety Department has found no reason to deny the requested licenses. V. ATTACHMENTS • N/A VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None AGENDA SECTION: CONSENT AGENDA ITEM# 4I ,REPORT# 222 l MAI STAFF REPORT RICHFIELD CITY COUNCIL MEETING NOVEMBER 14, 2011 REPORT PREPARED BY: BETSY OSBORN, SUPPORT SERVICES MANAGER NAME,TITLE DEPARTMENT DIRECTOR REVIEW: El r � REVIEWED BY CITY MANAGER: VW", AirtAA.L4 ITEM FOR COUNCIL CONSIDERATION: Consideration of the request for a new secondhand goods dealer license for Los Gallos Richfield, Inc., 6539 14th Avenue South, and setting date of public hearing. I. RECOMMENDED ACTION: By Motion: Approve a public hearing to be held December 13, 2011 for consideration of a new secondhand goods dealer license for Los Gallos Richfield, Inc. II. BACKGROUND This is a request for a new secondhand goods dealer license to be effective January 1, 2012. Hearings must be scheduled and held before a license may be considered. The application process has been initiated. Holding the public hearing on December 13, 2011 will provide ample time to complete the licensing process before January 1, 2012. 111411 Set Public Hearing for Los Gallos New Secondhand Goods Dealer License III. BASIS OF RECOMMENDATION A. POLICY • City ordinance provides that the City Council conduct a public hearing to consider all secondhand goods dealer license requests. B. CRITICAL ISSUES • N/A C. FINANCIAL • N/A D. LEGAL • N/A E. ENVIRONMENTAL CONSIDERATIONS • N/A IV. ALTERNATIVE RECOMMENDATION(S) • Schedule the hearing for another date. However, this may delay the licensing process. V. ATTACHMENTS • None VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None AGENDA SECTION: CONSENT AGENDA ITEM# 4J REPORT# 223 =NAN STAFF REPORT RICHFIELD CITY COUNCIL MEETING NOVEMBER 14, 2011 REPORT PREPARED BY: BETSY OSBORN , SUPPORT SERVICES MANAGER NAME,TITLE DEPARTMENT DIRECTOR REVIEW: a REVIEWED BY CITY MANAGER: ITEM FOR COUNCIL CONSIDERATION: Consideration of the renewal of pawnbroker and secondhand goods dealer licenses for 2012 and set date of public hearing. I. RECOMMENDED ACTION: By Motion: Approve a public hearing to be held December 13, 2011, for the renewal of pawnbroker and secondhand goods dealer licenses for 2012 for: 1. Metro Pawn and Gun, Inc., and 2. University Cash Company, LLC d/b/a Avi's Pawn and Jewelry. II. BACKGROUND The pawnbroker and secondhand goods dealer licenses will expire on January 1, 2012. Hearings must be scheduled and held before a renewal license may be considered. The renewal process has been initiated. Holding the public hearing on December 13, 2011 will provide ample time to complete the licensing process before January 1, 2012. • 111411 Set PH for Renewal of Pawnbroker and Secondhand Goods Licenses for 2012 III. BASIS OF RECOMMENDATION A. POLICY • City ordinance provides that the City Council conduct a public hearing to consider all pawnbroker and secondhand goods dealer license renewals. B. CRITICAL TIMING ISSUES • N/A C. FINANCIAL • N/A D. LEGAL • N/A E. ENVIRONMENTAL CONSIDERATIONS • N/A IV. ALTERNATIVE RECOMMENDATION(S) • Schedule the hearing for another date. However, this may delay the licensing process. V. ATTACHMENTS • None VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None AGENDA SECTION: CONSENT AGENDA ITEM# 4K REPORT# 224 =Ad STAFF REPORT RICHFIELD CITY COUNCIL MEETING NOVEMBER 14, 2011 REPORT PREPARED BY: BETSY OSBORN, SUPPORT SERVICES MANAGER NAME,TITLE DEPARTMENT DIRECTOR REVIEW: t l I, r REVIEWED BY CITY MANAGER: I ITEM FOR COUNCIL CONSIDERATION: Consideration of the renewal of on-sale wine and on-sale 3.2 percent malt liquor licenses for 2012 and set date of public hearing. I. RECOMMENDED ACTION: By Motion: Council approval of a public hearing to be held December 13, 2011, for the renewal of on-sale wine and on-sale 3.2 percent malt liquor licenses for 2012 for: 1. Red Pepper Chinese Restaurant, 2. Thompson's Fireside Pizza, 3. Chipotle Mexican Grill of Colorado, LLC d/b/a Chipotle Mexican Grill, 4. Patrick's Bakery & Café, 5. Lariat Lanes, 6. The Noodle Shop — Colorado, Inc. d/b/a Noodles and Company, and 7. Joy's Pattaya Thai Restaurant. II. BACKGROUND The on-sale wine and on-sale 3.2 percent malt liquor licenses for restaurant establishments will expire on January 1, 2012. 111411 Set PH for Renewal On-Sale Wine and Malt Liquor Licenses for 2012 Hearings must be scheduled and held before a renewal license may be considered. The renewal process has been initiated. Holding the public hearing on December 13, 2011 will provide ample time to complete the licensing process before January 1, 2012. III. BASIS OF RECOMMENDATION A. POLICY • City ordinance provides that the City Council conduct a public hearing to consider all on-sale wine and on-sale 3.2 percent malt liquor license renewals. B. CRITICAL TIMING ISSUES • N/A C. FINANCIAL • N/A D. LEGAL • N/A E. ENVIRONMENTAL CONSIDERATIONS • N/A IV. ALTERNATIVE RECOMMENDATION(S) • Schedule the hearing for another date. However, this may delay the licensing process. V. ATTACHMENTS • None VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None AGENDA SECTION: CONSENT AGENDA ITEM# 4L REPORT# 225 STAFF REPORT RICHFIELD CITY COUNCIL MEETING NOVEMBER 14, 2011 REPORT PREPARED BY: BETSY OSBORN, SUPPORT SERVICES MANAGER NAME,TITLE DEPARTMENT DIRECTOR REVIEW: /.0". `/ REVIEWED BY CITY MANAGER: AVANT/ 131/6/1/ Ai ITEM FOR COUNCIL CONSIDERATION: Consideration of the renewal of on-sale intoxicating and Sunday liquor licenses for 2012 and set date of public hearing. I. RECOMMENDED ACTION: By Motion: Approve a public hearing to be held December 13, 2011, for the renewal of on-sale intoxicating and Sunday liquor licenses for 2012 for: 1. Khan's Mongolian Barbeque, 2. Champps Operating Corporation d/b/a Champp's Restaurant, 3. Minneapolis-Richfield American Legion Post 435, 4. Fred Babcock VFW Post No. 5555 d/b/a Four Nickels Food and Drink, 5. Don Pablo's Operating Corporation d/b/a Don Pablo's, 6. Wiltshire Restaurants, LLC d/b/a Houlihan's Restaurant & Bar, 7. The Frenchmans, 8. El Tejaban Mes. Grill, and 9. Richfield Hotel Associates d/b/a Ramada. 111411 Set PH for Renewal of On-Sale Intoxicating and Sunday Liquor Licenses II. BACKGROUND The on-sale liquor licenses for restaurant establishments will expire on January 1, 2012. Hearings must be scheduled and held before a renewal license may be considered. The renewal process has been initiated. Holding the public hearing on December 13, 2011 will provide ample time to complete the licensing process before January 1, 2012. III. BASIS OF RECOMMENDATION A. POLICY • City ordinance provides that the City Council conduct a public hearing to consider all liquor license renewals. B. CRITICAL TIMING ISSUES • N/A C. FINANCIAL • N/A D. LEGAL • N/A E. ENVIRONMENTAL CONSIDERATIONS • N/A IV. ALTERNATIVE RECOMMENDATIONS) • Schedule the hearing for another date. However, this may delay the licensing process. V. ATTACHMENTS • None VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None AGENDA SECTION: RESOLUTION AGENDA ITEM# 6 REPORT# 226 STAFF REPORT RICHFIELD CITY COUNCIL MEETING NOVEMBER 14, 2011 REPORT PREPARED BY: MELISSA POEHLMAN, CITY PLANNER NAME,TITLE DEPARTMENT DIRECTOR REVIEW: AISMNAI .• 4°7 REVIEWED BY CITY MANAGER: 1 , p ITEM FOR COUNCIL CONSIDERATION: Consider an amendment to the Comprehensive Plan designating properties near the intersection of 74th Street and Lyndale Avenue as Neighborhood Commercial and Community Commercial. I. RECOMMENDED ACTION: By Motion: Approve an amendment to the Richfield Comprehensive Plan designating 609 74th Street West as Neighborhood Commercial; 7401 Lyndale Avenue as Community Commercial; and the west 140 feet of 7421 Lyndale Avenue as Community Commercial. II. BACKGROUND In addition to the requirement to prepare and periodically update a comprehensive plan, State Law requires that cities amend zoning regulations to comply with that plan (MN §473.865). Last year, in the course of reviewing properties that would require a change in zoning in order to agree with the Comprehensive Plan, staff, property owners and policy makers came to the conclusion that in a few instances additional study and consideration was warranted. The properties at 7401 and 7421 Lyndale Avenue and 7526, 7532, 7538, and 7544 Garfield Avenue were identified as properties in need of additional examination. These properties are part of the 15-year-old Lyndale Gateway redevelopment area and the rezoning of properties in this area was deferred until further examination could take place. An application filed in the area has prompted further study of the commercial properties at 7401 and 7421 Lyndale Avenue sooner than anticipated. The residential 111411 -Comp Plan Amendment-74th & Lyndale properties on Garfield Avenue are not addressed by the proposed Comprehensive Plan amendment. 7401 and 7421 Lyndale Avenue are designated as medium-high density multi-family residential in both the 1998 and 2008 Comprehensive Plans (see attached map). This is consistent with the designation of the large Lyndale Commons apartment complex to the south. This designation is also consistent with the current use of the majority of the parcel at 7421 Lyndale Avenue for a mobile home community. The remainder of the property at 7421 Lyndale Avenue is occupied by a single-family home and 7401 Lyndale Avenue is a commercial business. The current zoning for each of the properties is commercial, which is inconsistent with the Comprehensive Plan. The owner and a potential buyer of 609 74th Street, immediately east of 7401 Lyndale Avenue, recently approached staff to discuss the future use of this property. They have expressed a desire to have the zoning and Comprehensive Plan designations of the property changed to allow for a low-intensity commercial business. Upon receipt of this application, staff began to reexamine the issue of the appropriate land use designations for all of the properties at the corner. Planning Commission Study Session A study session was held on October 3rd to discuss the current and future land uses and options at 74th Street and Lyndale Avenue. Notice of the discussion was sent to property owners within 350 feet. Staff facilitated a lengthy discussion amongst the Commissioners and public attendees regarding: appropriate transitions from higher-intensity uses to lower-intensity uses, zoning regulations in various districts, the particular characteristics of individual parcels, and neighborhood context. The Planning Commissioners present (5 of 8) ultimately directed staff to pursue the following changes: 7401 Lyndale Avenue— Change Comprehensive Plan designation from Medium- High Density Residential to Community Commercial (leave zoning as exists — General Commercial). 7421 Lyndale Avenue— Change Comprehensive Plan designation of west 140 feet (adjacent to Lyndale Avenue) from Medium-High Density Residential to Community Commercial (leave zoning as exists — General Commercial). Change zoning of the remainder of the property to Multi-Family Residential (MR-2) as is consistent with the existing Comprehensive Plan designation. 609 74th Street— Change Comprehensive Plan designation from Medium-High Density Residential to Neighborhood Commercial. Rezone property to be consistent with this designation. III. BASIS OF RECOMMENDATION A. POLICY • The Comprehensive Plan is a vision and guide to future land use decisions in the City. • The Zoning Code is one of the implementation tools used to effectuate the vision and land use decisions described in the Comprehensive Plan. Subsection 507.03 of the Zoning Code states as its foremost purpose, "to assist in the implementation of the City's Comprehensive Plan." • MN §473 requires that a city's comprehensive plan and zoning ordinance not conflict. B. CRITICAL TIMING ISSUES • A land use application for a Comprehensive Plan amendment at 609 74th Street West was submitted to the City on September 22, 2011. Proper consideration of this application requires examination of the surrounding properties and neighborhood context. In order to comply with the "60-day law" the City must issue a decision regarding the Comprehensive Plan amendment at 609 74th Street West within 60 days of receiving a zoning application or issue a letter of extension. • Comprehensive Plan amendments must be submitted to the Metropolitan Council for review following Council approval. C. FINANCIAL • The required application processing fee has been paid. D. LEGAL • A public hearing to consider the proposed amendment was held before the Planning Commission on October 24, 2011. • Notice of the public hearing was mailed to all property owners within 350 feet of the subject properties and published in the Sun Current Newspaper, in accordance with State and Local requirements. • Mr. Thomas Price, owner of 7421 Lyndale Avenue, submitted a letter and testified before the Planning Commission. Mr. Price and his representative, Mr. Jim Erickson, stated that they were not opposed to the proposal; however, they want the City to be aware of the fact that they may come forward requesting changes for the property at 7421 Lyndale Avenue based on their own development plans. • The Planning Commission recommended approval of the proposed amendment (6-0, Hall abstaining). E. ENVIRONMENTAL CONSIDERATIONS • N/A IV. ALTERNATIVE RECOMMENDATION(S) • Reject the proposed amendment to the Comprehensive Plan. V. ATTACHMENTS • Resolution • Planning & Zoning Map VI. PRINCIPAL PARTIES EXPECTED AT MEETING • Property owners in and around the subject area � — TI RESOLU N NO. RESOLUTION AMENDING THE CITY'S COMPREHENSIVE PLAN CHANGING THE DESIGNATION OF 609 WEST 74TH STREET TO "NEIGHBORHOOD COMMERCIAL" AND 7401 LYNDALE AVENUE AND THE WEST 140 FEET OF 7421 LYNDALE AVENUE TO "COMMUNITY COMMERCIAL" WHEREAS, the City's Comprehensive Plan provides a Guide Plan establishing particular planning needs for specific segments of the City; and WHEREAS, the Comprehensive Plan designates 609 West 74th Street, 7401 Lyndale Avenue and 7421 Lyndale Avenue as "Medium-High Density Residential"; and WHEREAS, the City has reviewed the Guide Plan classification and determined that it would be appropriate to designate 609 West 74th Street as "Neighborhood Commercial" and 7401 Lyndale Avenue and the west 140 feet of 7421 Lyndale Avenue as "Community Commercial"; and WHEREAS, the Planning Commission conducted a public hearing on October 24, 2011 concerning modifying the Guide Plan and approved the modifications; and WHEREAS, the City Council considered the amendment on November 14, 2011; NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Richfield, Minnesota that the City's Comprehensive Plan is hereby amended to designate 609 West 74th Street as "Neighborhood Commercial" and 7401 Lyndale Avenue and the west 140 feet of 7421 Lyndale Avenue as "Community Commercial" and is contingent upon the following: 1. The revision is submitted to and approved by the Metropolitan Council. Adopted by the City Council of the City of Richfield, Minnesota this 14th day of November 2011. Debbie Goettel, Mayor ATTEST: Nancy Gibbs, City Clerk 74th St & Lyn ale Ave 2008 Comprehensive Plan Current Zoning Proposed Comprehensive Plan 1i In ■ii ■"rii _� �� 1� - .■ �� 74TH ST 74TH ST 74TH ST ; _609 °� 609 _ -- ' i i i I ■ w w — w II J Q > J > w : wQ Lincoln 11 w Q Field Q Z ■ cl — ■ - --I li - N _ A EN II MI , 4 - I Comprehensive Plan Designations Zoning Designations Comprehensive Plan Desi nations Community Commercial Med-High Density Res. !Community Commercial Kaamily Res. Community Commercial Med-High Density R Community Commercial/Office High Density Res. Mal Commercial tag-Family Res. Community Commercial/Office High Density Res. Low Density Res. Park Planned General Commercial _! Neighborhood Commercial 11111 Park ingl-Family Residential ensity Multi-Family Res. Low Density Res. AGENDA SECTION: PROPOSED ORDINANCE AGENDA ITEM# 7 REPORT# 227 STAFF REPORT RICHFIELD CITY COUNCIL MEETING NOVEMBER 14, 2011 REPORT PREPARED BY: MELISSA POEHLMAN, CITY PLANNER NAME, TITLE DEPARTMENT DIRECTOR REVIEW: REVIEWED BY CITY MANAGER. -/ ITEM FOR COUNCIL CONSIDERATION: Conduct a first reading of an ordinance rezoning 609 74th Street West and a portion of 7421 Lyndale Avenue. I. RECOMMENDED ACTION: By Motion: Approve a first reading of the attached ordinance rezoning 609 74th Street West from Multi-Family Residential (MR-2) to Service Office (SO); and rezoning all but the west 140 feet of 7421 Lyndale Avenue from Neighborhood Business (C-1) to Multi-Family Residential (MR-2). II. BACKGROUND In addition to the requirement to prepare and periodically update a comprehensive plan, State Law requires that cities amend zoning regulations to comply with that plan (MN §473.865). In a previous action item tonight, the Council considered the Comprehensive Plan designations of properties at the corner of 74th Street and Lyndale Avenue. The changes proposed to the zoning of 609 74th Street West and 7421 Lyndale Avenue are a necessary follow-up to this item. 111411 1st Reading Rezone 609 74th & 7421 Lyndale III. BASIS OF RECOMMENDATION A. POLICY • Subsection 507.03 of the Zoning Code states as its foremost purpose, "to assist in the implementation of the City's Comprehensive Plan." • MN §473 requires that cities amend their zoning ordinances so as to not conflict with their Comprehensive Plan. B. CRITICAL TIMING ISSUES • A second reading of the proposed ordinance is scheduled for December 13, 2011. Consideration of Site Plan Approval for a business at 609 74th Street West will also be considered at that time. • 60-DAY RULE: The 60-day clock `started' when a complete application was received on October 4, 2011. A decision is required within 60 days of receiving a zoning application OR the Council must notify the applicant that it is extending the deadline (up to a maximum of 60 additional days or 120 days total) for issuing a decision. C. FINANCIAL • The required application processing fee has been received. D. LEGAL • A public hearing to consider the proposed ordinance changes was held before the Planning Commission on October 24, 2011. • Notice of the public hearing was sent to property owners with 350 feet of the subject properties and published in the Sun Current Newspaper, in accordance with State and Local requirements. • Mr. Thomas Price, owner of 7421 Lyndale Avenue, submitted a letter and testified before the Planning Commission. Mr. Price and his representative, Mr. Jim Erickson, stated that they were not opposed to the proposal; however, they want the City to be aware of the fact that they may come forward requesting changes for the property at 7421 Lyndale Avenue based on their own development plans. • The Planning Commission recommended approval of the proposed ordinance changes (7-0). E. ENVIRONMENTAL CONSIDERATIONS • N/A IV. ALTERNATIVE RECOMMENDATIONS) • Reject the proposed amendment if the previous agenda item related to Comprehensive Plan changes was not approved. V. ATTACHMENTS • Ordinance • Planning & Zoning Map VI. PRINCIPAL PARTIES EXPECTED AT MEETING • Property owners/representatives -7 - ORDINANCE NO. AN ORDINANCE RELATING TO ZONING; AMENDING APPENDIX 1 TO THE RICHFIELD CITY CODE BY REZONING 609 WEST 74TH STREET FROM MULTI- FAMILY RESIDENTIAL (MR-2) TO SERVICE OFFICE (SO); AND REZONING ALL BUT THE WEST 140 FEET OF 7421 LYDALE AVENUE FROM NEIGHBORHOOD BUSINESS (C-1) TO MULTI- FAMILY RESIDENTIAL (MR-2) THE CITY OF RICHFIELD DOES ORDAIN: Section 1. Section 13 of Appendix 1 of the Richfield Zoning Code is amended by adding new paragraph (44) as follows: (44) M-16 (S of 74th between Lyndale and Pleasant) The south 5 acres of the north 10 acres of the Northwest Quarter of the Southwest Quarter of Section 34, Township 28, Range 24, and the north 4 feet of that part of said Northwest Quarter lying immediately south of said 5 acre tract, except hat part of said tracts which are designated as General Commercial Areas. Sec. 2. Section 15 of Appendix 1 of the Richfield Zoning Code is amended by adding new paragraph (2) as follows: (2) M-16 (SW of 74th and Garfield) The west quarter of the north 5 acres of the Northwest Quarter of the Southwest Quarter of Section 34, Township 28, Range 24 except the west 175 feet thereof. Sec. 3. Appendix 1 of the Richfield Zoning Code is amended by repealing Section 2, paragraph (5) and Section 13, paragraph (30). Sec. 4. This ordinance is effective in accordance with Section 3.09 of the Richfield City Charter. Debbie Goettel, Mayor ATTEST: Nancy Gibbs, City Clerk Proposed Zoning Changes Current Zoning - 74th St W & 7421 Lyndale Ave g Proposed Zoning 1. ii I. — lllllllllllll� �� III�II�I� • ■ ■�■ II II 74TH ST ■-- 74TH ST ■-- I 609 II 609 II _■ ■ Is w • Q w > . Q • w Lincoln J Lincoln 1 o Field o Field Z} } II I II ■ l 1 1 1 111 II I= III A M , i Zoning Designations Community Commercial NI amily Res. lillial Commercial IMui#-Family Res. Planned General Commercial Proposed SO 0 200 400 800 1,200 1,600 T - -- �ensit _ - - -- Fee ingl -Family Residential y Multi-Family Res. AGENDA SECTION: OTHER BUSINESS AGENDA ITEM# 8 REPORT# 228 =oda STAFF REPORT RICHFIELD CITY COUNCIL MEETING NOVEMBER 14, 2011 REPORT PREPARED BY: JIM TOPITZHOFER,RECREATION SERVICES DIRECTOR NAME,TITLE DEPARTMENT DIRECTOR REVIEW: © -� < ity / REVIEWED BY CITY MANAGER: rr Ai /_ ITEM FOR COUNCIL CONSIDERATION: Approval of the attached lease agreement between the City of Richfield and Hat Trick Hockey Inc. RECOMMENDED ACTION: By Motion: Approve the attached existing lease agreement between the City of Richfield and Hat Trick Hockey Inc. II. BACKGROUND The new owners of Hat Trick Hockey have leased a 1,900 square foot addition of the Richfield Ice Arena, to conduct retail sales of hockey equipment since November, 2008. The new owners are requesting to renew the lease for another three years with all terms, conditions, provisions, covenants and agreements contained in the Agreement remaining the same as the previous agreement, including the monthly lease payment of$1,475. In preparation of the lease negotiating process, Staff has received financial statements from Hat Trick Hockey for the period of time it was under new ownership. The company has recorded a combined net loss of$44,718 over the past three years and has increased debt financing to keep operations running. The new owners are requesting City Council to consider no increase in rent to assist with their financial recovery. These financial statements were distributed to Council via memorandum on October 13, 2011. 1114 Hat Trick Lease III. BASIS OF RECOMMENDATION A. POLICY • The current lease expires on November 30, 2011. By policy, the City Council reviews, considers and executes all City contracts, including lease renewals. B. CRITICAL TIMING ISSUES • The current lease expires on November 30, 2011 and will require Council action before then. C. FINANCIAL • If the lease is approved by Council, the Ice Arena will continue receiving monthly rent revenue in the amount of$1,475 until November 30, 2014. • Hat Trick Hockey will have contributed $354,890 to the revenue stream of the Ice arena through November 30, 2011. The lease renewal will generate another$53,100 for a total of$407,990, far surpassing the initial cost of the addition. • Financial statements from Hat Trick Hockey were included with Council Memo No. 121 dated October 20, 2011. D. LEGAL • The City Attorney has reviewed the attached lease. • E. ENVIRONMENTAL CONSIDERATIONS • NA IV. ALTERNATIVE RECOMMENDATIONS) • None V. ATTACHMENTS • Lease Agreement VI. PRINCIPAL PARTIES EXPECTED AT MEETING • Hat Trick Hockey Owners — Randy Reed, Steve Sachs, and Jon Sachs. Kennedy & Graven, Chartered LEASE AGREEMENT This lease is made this 14th day of November, 2011, by and between THE CITY OF RICHFIELD ("Landlord") and HAT TRICK HOCKEY, INC. ("Tenant"). Landlord and Tenant, intending to be legally bound, hereby covenant and agree as follow: ARTICLE I. Leased Premises 1.1 Landlord does hereby lease, demise, and let unto Tenant, and Tenant does hereby hire and take from Landlord, upon the terms and conditions set forth herein(the Lease), the premises shown cross- hatched on Exhibit A attached hereto and incorporated herein, consisting of 1,900 square feet of space (Leased Premises), located on the level of the Richfield Ice Arena Building located at 636 East 66th Street situated in the City of Richfield, Hennepin County, Minnesota(the "Building"). ARTICLE II. Term 2.1. The term of the Lease shall commence on November 30, 2011 (the Commencement Date); and the Lease shall terminate on November 30, 2014. 2.2. If, at the termination of this lease agreement for reasons other than default or breach by Tenant, Landlord decides to lease the Leased Premises to a third party, Tenant shall have the right, for a period of one year after the termination date, to match or exceed any proposed and/or actual lease for the Leased Premises which is acceptable to the Landlord, and if the Tenant elects in writing within 15 days of the date of receipt of the proposed and/or actual Lease, then the parties hereto shall execute such a lease. ARTICLE III. Rent Tenant shall pay to Landlord as the "Base Rent" monthly rent in the amount of$1,475.00 per month. Said Base Rent shall be payable in advance, on or before the first(1st) day of each and every month, commencing on the Commencement Date, and continuing during the Term. ARTICLE IV. Nonpayment 4.1 Except as otherwise expressly provided herein, Tenant covenants and agrees that if at any time it fails to pay any amount required by the Lease, or to obtain,pay for, maintain, or deliver any of the insurance policies herein provided for, or fails to make any other payment or perform any other act required to be made or performed by the Lease, then Landlord, without notice to or demand upon Tenant, without waiving or releasing Tenant from any obligation of Tenant contained in the Lease, and without any obligation to do so, may effect any such insurance coverage and pay premiums therefor and may make any other payment or perform any other act on the part of Tenant to be made and performed as provided in the Lease, in such manner and to such extent as Landlord may deem reasonably desirable, and in exercising such right to pay necessary and incidental costs and expenses. All sums so paid by Landlord and all necessary and any such act by Landlord,together with interest thereon at the maximum rate permitted by law, whichever is less, from the date of making of such expenditure by Landlord, shall be payable to Landlord as Additional Rent, and except as otherwise provided for in the Lease, shall be payable on demand or at the option of Landlord may be added to any monthly rental then due or thereafter becoming due under the Lease. Tenant covenants to pay any such sum or sums with interest as aforesaid and Landlord shall have (in addition to any right or remedy of Landlord)the same rights and remedies in the event of nonpayment by Tenant as in the case of default by Tenant in payment of rent. ARTICLE V. Taxes 5.1 Tenant shall pay all real estate taxes and installments of special assessments which shall during the term be laid, assessed, levied or imposed upon or shall become payable and a lien upon, the Leased Premises or any part thereof(the Taxes). Such taxes and special assessments shall be prorated in the first and last years of the Lease based upon the period of occupancy. Tenant shall make such real estate tax payments directly to the appropriate governmental authorities, which have lawfully levied and are authorized to collect such tax. ARTICLE VI. Utilities and Maintenance Expense 6.1. Tenant shall pay its pro rata share of all charges for electricity, light, air conditioning and power with the Leased premises. The charges thereof shall be deemed Additional Rent and payable in accordance with Article V hereof. To the extent that utilities are separately metered or separately charged to Tenant's Premises, they shall not be subject to prorated allocation, but shall remain the obligation of Tenant. ARTICLE VII. Repairs, Maintenance and Alterations 7.1 Tenant shall, during the Term and at Tenant's expense, keep the Leased Premises and appurtenances and every part thereof in good order, condition, and repair, including, without limitation, the maintenance, repair, and replacement, if necessary, of all interior walls,partitions, doors, and windows, including the regular painting thereof. Tenant shall promptly notify Landlord of any necessary maintenance, repairs, or replacements. When used in this provision, the term repairs' shall include replacements or renewals when necessary, and all such repairs made by the Tenant shall be equal in quality and class to the original work. If Tenant does not keep and maintain the Leased Premises as herein provided, Landlord may, but need not, make such repairs and replacements, and Tenant shall pay Landlord, as Additional Rent, the cost thereof forthwith, plus interest at the rate of 10%per annum from the date of making such expenditure by Landlord, upon being billed for the same. All damage or injury to the Leased Premises and to its fixtures, appurtenances, and equipment caused by Tenant moving property in or out of the Leased Premises or by installation, removal of furniture, fixtures, equipment, or other property by Tenant, its agents, contractors, servants, or employees, or resulting from any other cause of any other kind or nature whatsoever due to carelessness, omission, neglect, improper conduct, or other causes of Tenant, its servants, employees, agents, visitors, or licensees, shall be repaired, restored, or replaced promptly by Tenant at its sole cost and expense to the satisfaction of Landlord. If Tenant fails to make such repairs, restorations, or replacements,the same may be made by Landlord and the same shall be at the expense of Tenant and collectible as Additional Rent or otherwise, and shall be paid by Tenant to Landlord within five (5) days after rendition of a bill or statement therefor. 7.2 Except as otherwise provided herein, no improvements, alterations, or replacements shall be made to the Leased Premises or any portion thereof without the prior written consent of Landlord. 7.3 Notwithstanding any other provision contained herein to the contrary, Landlord shall repair, at its expense,the structural portions of the Building; provided, however, where structural repairs are required to be made by reason of the acts of Tenant, the costs thereof shall be borne by Tenant and payable by Tenant to Landlord upon demand. 7.4 Landlord covenants to Tenant that it will continue to reasonably provide for the removal of snow from the parking lot and sidewalks and for the maintenance and repair work on the building exterior all for the benefit of users of the building, including Tenant. ARTICLE VIII. Insurance 8.1 Landlord shall at all times during the Term keep the Building insured against loss or damage by fire and against those perils included from time to time in the standard form of extended coverage insurance endorsement, including but without limiting the generality of the foregoing, wind storm, hail, explosion, vandalism, riot and civil commotion, damage from vehicles, and smoke damage, and such other coverage as may be deemed necessary by Landlord. 8.2 Tenant shall insure the contents of the Leased Premises owned by Tenant, for the benefit of Tenant, against lose or damage by fire, windstorm, or other casualty for such amount as Tenant may desire. 8.3 Mutual Waiver of Subrogation. Landlord and Lessee hereby waive any and all rights of recovery against each other for any loss or damage to the Leased Premises and/or the Building or the contents contained therein on account of fire or other casualty or for injuries sustained on the Leased Premises and/or the Building, provided such loss or damage is insured under a policy carried by Lessor or Lessee at the time of such loss or damage. The aforesaid policies of insurance shall contain appropriate provisions recognizing this mutual release and waiving all rights of subrogation on behalf of the respective insurance carriers. 8.4. Tenant shall also, as Additional Rent hereunder and at Tenant's sole cost and expense, but for the mutual benefit of Landlord and Tenant, as named insureds, maintain during the Term (a) general public liability insurance against claims for personal injury, death, or property damage occurring upon, in, or about the Leased Premises, and on, in, or about the adjoining lands, such insurance to afford protection to the limit of not less than Five Hundred Thousand and no/100 Dollars ($500,000.00) in respect to injury or death to a single person, and to the limit of not less than one Million and no/100 Dollars ($1,000,000.00) in respect to any one (1) accident and to the limit of not less than Three Hundred Thousand and no/100 Dollars ($300,000.00) in respect to any property damage; and(b) steam boiler insurance on all steam boilers, pressure boilers, or other such apparatus as Landlord may deem necessary to be covered by such insurance and in such amount or amounts as Landlord may from time to time reasonably require. 8.5 All policies of insurance required to be maintained by Tenant shall be written in companies satisfactory to Landlord, and shall be written in such form and shall be distributed in such companies as shall be reasonably acceptable to Landlord. Such policies shall be delivered to Landlord endorsed "premium paid" by the company or agency issuing the same or accompanied by another evidence satisfactory to Landlord that the premiums thereon have been paid, not less than (10) days prior to the expiration of any then current policy. O -4 ARTICLE IX. Quiet Enjoyment 9.1 Landlord represents and warrants that it is the lawful owner of the Leased Premises; that it has the full right and power to make the Lease; that if and so long as Tenant shall not be in default hereunder, Tenant shall quietly hold, occupy, and enjoy the Leased Premises during all of the Term. ARTICLE X. Destruction By Fire 10.1 If the Building or any portion thereof is damaged or destroyed by fire or other casualty, however or by whomever caused, Landlord shall repair,rebuild, and restore the same with due diligence and dispatch(subject to the approval of the holders of any mortgages on the Building) so that the Building will be restored to at least the same good order and condition as existed prior to damage or destruction. If more than twenty five percent(25%) of the Leased Premises is damaged or destroyed by fire or other casualty, Landlord shall have the option, in its sole discretion, to decline to rebuild. If Landlord so declines, this Lease shall terminate as of the date of such damage or destruction. If Landlord elects to repair the Building, and if such damage in the reasonable opinion of the Landlord renders the entire Leased Premises unfit for Tenant's normal business purposes, and Tenant by reason thereof discontinues business in the Leased Premises, Base Rent and Additional Rent shall be abated for a period during which no part of the Leased Premises is fit for such business purposes and during which time Tenant discontinues business. If such damage renders only part of the Leased Premises unfit for Tenant's normal business purposes, Base Rent shall be apportioned on a square foot of Leased Premises area basis and the proportion thereof applicable to each part of the Leased Premises upon which Tenant discontinues its business operations shall be abated for the period during which such part is not fit for Tenant's normal business purposes and during which Tenant discontinues such business operations. 10.2 Tenant will repair and replace all improvements and betterments placed upon the Leased Premises by it, and such repair and replacement shall be made at its own expense and not at the expense of Landlord. ARTICLE XI. Assignment and Subletting 11.1 Tenant shall not assign or sublease any of its rights under the Lease of any part of the Leased Premises without prior written consent from Landlord, which consent shall not be unreasonably withheld by Landlord. No such assignment or subleasing shall in any event relieve Tenant from any of its obligations contained in the Lease, nor shall any assignment or transfer of the Lease be effective unless the assignee or transferee shall, at the time of such assignment or transfer, assume in writing all the terms, covenants, and conditions of the Lease to be performed thereafter by Tenant and shall agree in writing to be bound thereby. Tenant agrees to pay on behalf of Landlord any and all costs of Landlord, including reasonable attorneys' fees occasioned by such assignment or transfer. ARTICLE XII. Defaults of Tenant 12.1 If during the Term Tenant shall default in fulfilling any of the covenants of the Lease (other than the covenants for the payment of Base Rent or Additional Rent), Landlord shall give Tenant notice of any default or of the happening of any contingency referred to in this paragraph, and if at the expiration of twenty(20) days after the service of such notice the default or contingency upon which said notice was based shall continue to exist, or in the case of a default or contingency which cannot with due diligence be cured within a period of twenty (20) days, if Tenant fails to proceed promptly after the service of such notice and with all due diligence to cure the same and thereafter to prosecute the curing of such default with all due diligence, Landlord, at its option, may terminate the Lease, and upon such termination, Tenant will quit and s surrender the Leased Premises to Landlord, but Tenant shall remain liable as hereinafter provided. 12.2 If Tenant shall default in the payment of the Base Rent or Additional Rent expressly reserved hereunder, or any part of the same, and such default shall continue for ten(10) days after notice thereof by Landlord, or if the Lease shall expire as provided in Paragraph 12.1 of this Article, Landlord or Landlord's agents and servants may immediately or at any time thereafter re-enter the Leased Premises and remove all persons and any or all property therefrom, either by summary dispossession proceedings or by any suitable action or proceedings at law or by force or otherwise and repossess and enjoy said Leased Premises,together with all additions, alterations and improvements, without reentry and repossession working forfeiture or waiver of the rents to be paid and the covenants to be performed by Tenant during the Term hereof. Upon the expiration of the Term of the Lease by reason of any of the events described in Paragraph 12.1, or in the event of termination of the Lease by summary dispossession proceedings or under any provision of law now or hereafter in force by reason of or based upon or arising out of a default under or a breach of the Lease on the part of Tenant(except where such breach or default is determined by a court of competent jurisdiction to be justified because of Landlord's acts or omissions), or upon Landlord recovering possession of the Leased Premises in the manner or in any of the circumstances whatsoever, whether with or without legal proceedings, by reason of or based upon or arising out of a default under or a breach of the Lease on the part of Tenant, Landlord may, at its option, at any time and from time to time, relet the Leased Premises, or any part thereof, for the account of Tenant or otherwise, and receive and collect the rents therefor, applying the same first to the payment of such expenses as Landlord may have incurred in recovering possession of the Leased Premises, including legal expenses and attorneys, fees, and for putting the same into good order or condition or preparing or altering the same for re-rental and all other expenses, commissions, and charges paid, assumed, or incurred by Landlord in reletting the Leased Premises and then to the fulfillment of the covenants of Tenant hereunder. Any such reletting herein provided for may be for the remainder of the Term of the Lease as originally granted or for a longer or shorter period. In any such case or whether or not the Leased Premises, or any part thereof, is relet, Tenant shall pay to Landlord the Base Rent and the Additional Rent required to be paid by Tenant up to the time of such termination of the Lease, as the case may be, and thereafter, Tenant covenants and agrees, if required by Landlord,to pay to Landlord until the end of the Term of the Lease the equivalent of the amount of all the Base Rent and Additional Rent reserved herein less the net proceeds of reletting, if any. Landlord shall have the election, in place and stead of holding Tenant so liable, forthwith to recover against Tenant, as damages for loss of the bargain and not as penalty, an aggregate sum which at the time of such termination of the Lease for such recovery of possession of the Leased Premises by Landlord, as the case may be, represents the then present worth of the excess, if any, of the aggregate of the Base Rent and Additional Rent payable by Tenant hereunder that would have accrued for the balance of the Term, over the aggregate rental value of the Leased Premises for the balance of such Term. 12.3 The specified remedies to which Landlord may resort under the terms of the Lease are cumulative and are not intended to be exclusive of any other remedies or means of redress to which Landlord may be lawfully entitled in case of any breach or threatened breach by Tenant of any provision of the Lease. The failure of Landlord to insist in any one or more cases upon the strict performance of any of the covenants of the Lease or to exercise any option herein contained shall not be construed as a waiver or a relinquishment for the future of such covenant or option. A receipt by Landlord of Base Rent or Additional Rent, with knowledge of breach of any covenant hereof(other than the payment of Base Rent or Additional Rent) shall not be deemed a waiver of such breach, and no waiver by Landlord of any provision of this Lease shall be deemed to have been made unless expressed in writing and signed by Landlord. In addition to other remedies provided in this Lease, Landlord shall be entitled to the restraint by injunction for the violation or attempted or threatened violation of the covenants, conditions, or provisions of the Lease. ARTICLE XIII. O 'W Attorneys' Fees 13.1 If it is necessary for Landlord to retain the services of an attorney at law to enforce any of the terms, covenants, or provisions hereof, or to collect any sums due hereunder, Tenant shall pay to Landlord upon demand, as Additional Rent hereunder,the reasonable cost of such services. ARTICLE XIV. Removal of Improvements and Fixtures 14.1 Any improvements or fixtures installed by Tenant in the Leased Premises or in the Building, whether used solely in Tenant's business or whether usable in the Leased Premises without regard to such business or otherwise, shall become the property of Landlord upon the termination of the Lease. ARTICLE XV. Condition of Leased Premises at Termination 15.1 At the termination of the Lease by lapse of time or otherwise, Tenant shall return the Leased Premises in as good a condition as when Tenant took possession, excepting only ordinary wear and tear, damage, or destruction as described in Article 10 herein. ARTICLE XVI. Holding Over 16.1 In the absence of any written agreement to the contrary, if Tenant should continue to occupy the Leased Premises following the expiration of the Term of the Lease, Tenant shall so remain as a tenant from month to month and all provisions of the Lease applicable to such tenancy shall remain in full force and effect. During such tenancy,the same Base Rent and the same terms and conditions as prevailed during the last month of the Term demised shall prevail. In any such event, Tenant shall be liable to Landlord for damages which Landlord may incur as a result of such holding over, including but not limited to damages incurred because of loss of a prospective successor tenant. If Tenant is a holdover tenant and if Tenant continues to ' occupy the Leased Premises following the termination of such holdover(by a proper notice as to such month month tenancy), then the foregoing provisions of this Article shall apply in the same manner as when Tenant continued in occupancy following the expiration of the Term of the Lease. ARTICLE XVII. Use of Leased Premises 17.1 The Leased Premises shall be used only for the sale and/or rental of hockey and skating equipment and apparel, skate sharpening and related services and such other activities as the Landlord may authorize from time to time. Tenant shall not use or occupy the Leased Premises or knowingly permit the Leased Premises to used or occupied contrary to any statute, rule, order, ordinance, requirement, or regulation applicable thereto or in any manner which would violate any certificate of occupancy affecting the same, or which would cause structural injury to the Leased Premises or cause the value or usefulness of the Leased Premises or any part thereof to substantially diminish(reasonable wear and tear excepted) or which would constitute a public or private nuisance or waste. Tenant shall promptly upon discovery of any such use, take all necessary steps to compel the discontinuance of such use. Landlord shall not, during the term of this Lease, permit or allow anyone other than Tenant to use the Building as a location to sharpen skates,use a skate sharpening machine, sell hockey equipment or supplies including, but not limited to tape and laces, during the business hours of Tenant. This limitation shall not prohibit the occasioned sale of hockey related merchandise by local hockey associations during organized events. ARTICLE XVIII. Permits 18.1 Tenant shall maintain in force and effect all permits, licenses, and similar authorizations to use the Leased Premises for the aforesaid purposes required by any governmental authority having jurisdiction over the use thereof. Tenant's failure to maintain such permits, licenses, and similar authorizations shall not relieve Tenant from the performance of its obligations and covenants hereunder (except obligations and covenants as may be prohibited by law), nor from the obligations to pay Base Rent or Additional Rent, as set forth herein. Tenant shall, at Landlord's request, in its capacity as Tenant, and not in its capacity as owner of the land underlying the Building,join with Landlord in executing, acknowledging, and delivering any and all petitions, consents, subordinations, plats, or easement deeds that may be required for the installation of any utilities, public improvements, roads, water lines, sewer lines, storm drainage facilities, subdivision, rezoning, special use,platting, or other similar development of the Leased Premises, which do not affect Tenant's use of the Leased Premises during the Term of the Lease. ARTICLE XIX. Compliance with Law 19.1 Tenant, at its sole expense, shall promptly comply with all laws, ordinances, and requirements of federal, state, county, and municipal authorities relating to Tenant's use and occupation of the Leased Premises, and with any lawful order or direction of any public officer relating to Tenant's use and occupation of the Leased Premises during the Term of the Lease. Nothing herein contained, however, shall prohibit Tenant from appealing from or contesting the validity or legality of such laws, ordinances, requirements, orders, or directions and, notwithstanding the foregoing provisions of this Article, Tenant shall not be deemed to be in default hereunder so long as Tenant diligently prosecutes such appeal or contest. ARTICLE XX. Lessor's Access to Premises 20.1 Tenant shall permit Landlord and the authorized representatives of Landlord to enter the Leased Premises at all times during usual business hours for the purpose of inspecting the same and making any necessary repairs to comply with any laws, ordinances rules, regulations, or requirements of any public authority or of the Board of Fire Underwriters or any similar board. Nothing herein shall imply any duty upon the part of Landlord to do any such work which, under any provision of the Lease, Tenant may be required to perform, and the performance thereof by Landlord shall not constitute a waiver of Tenant's default in failing to perform the same. Landlord may, during the progress of any work in the Leased Premises,reasonably keep and store upon the Leased Premises all necessary materials, tools, and equipment. Landlord shall not in any event be liable for inconvenience, annoyance, disturbance, loss of business, or other damage to Tenant by reason of making repairs or the performance of any work in the Leased Premises, or on account of bringing materials, supplies, and equipment onto or through the Leased Premises during the course thereof, and the obligations of Tenant under the Lease shall not hereby be affected in any manner whatsoever. Landlord shall, however, in connection with the doing of any such work cause as little inconvenience, annoyance, disturbance, loss of business, or other damage to Tenant as may reasonably be possible in the circumstances. ARTICLE XXI. Indemnity 21.1 Tenant shall indemnify and save harmless Landlord against and from any and all claims by or on behalf of any person or persons, firm or firms, corporation or corporations, arising from the conduct or management of or from any work or thing whatsoever done by Tenant, or any of its agents, contractors, employees, or licensees in, on or about the Leased Premises, and will further indemnify and save Landlord harmless against and from any and all claims arising during the Term of the Lease from any condition of the Leased Premises arising from any breach or default on the part of Tenant in the performance of any covenant or agreement on the part of Tenant to be performed,pursuant to the terms of the Lease, or arising from any act of negligence of Tenant, or any of its agents, contractors, employees, or licensees, or arising from any accident, injury, or damage whatsoever caused to any person, firm, or corporation occurring during the Term of the Lease, in the Leased Premises, and from and against all costs, reasonable attorneys, fees, expenses, and liabilities incurred in or about any such claim or action or proceeding brought thereon; and in case any action or proceeding is brought against Landlord by reason of any such claim, Tenant, upon notice from Landlord, shall resist or defend such action or proceeding by counsel reasonably satisfactory to Landlord. However, nothing in this Lease shall require the Tenant to indemnify and save harmless Landlord from any claim caused by or occasioned by actions of the Landlord, its agents, contractors, employees or licensees. ARTICLE XXII. Estoppel Certificate 22.1 Tenant shall, at any time and from time to time, upon not less than twenty(20) days'prior notice by Landlord, execute, acknowledge, and deliver to Landlord a statement in writing certifying that the Lease is unmodified and in full force and effect(or if there shall have been modifications that the Lease is in full force and effect as modified and stating the modifications) and the dates to which the Base Rent and Additional Rent have been paid in advance, if any, and stating whether or not(to the best knowledge of Tenant) Landlord is in default in the performance of any covenant, agreement, or condition contained in the Lease and, if so, specifying each such default of which Tenant may have knowledge, it being intended that any such statement delivered pursuant to this Article shall be in a form approved by and may be relied upon by any prospective assignee of Landlord's interest in the Lease or any mortgagee of the Leased Premises or any assignee of any mortgage upon the Leased Premises. ARTICLE XXIII. Subordination 23.1 The Lease shall, at landlord's election, be subject and subordinate to the terms and conditions of all mortgages which may now or hereafter encumber the Leased Premises and to all renewals, modifications, consolidations, replacements, and extensions of such mortgages. In confirmation of such subordination, Tenant shall promptly execute any certificate of subordination or other such documents which Landlord or its mortgagees may request. ARTICLE XXIV. Signs 24.1 Upon prior written approval by Landlord of design and construction, which approval shall not be unreasonably withheld, Tenant may erect such signs upon the Leased Premises as it may deem desirable, as long as said signs do not exceed in weight the safe carrying capacity of any bearing structure, or violate the laws of the state or ordinances of the municipality in which the Leased Premises is situated. ARTICLE XXV. Entire agreement 25.1 The Lease contains the entire agreement between the parties, and there are no other terms, obligations, covenants, representations, statements, or conditions, oral or otherwise, of any kind whatsoever. Any agreement hereafter made shall be ineffective to change, modify, discharge, or effect an abandonment of the Lease in whole or in part unless such agreement is in writing and signed by the party against whom enforcement of the change, modification, discharge, or abandonment in sought. ARTICLE XXVI. Release of Lessor 26.1 If Landlord sells or otherwise transfers all of its interest in the Leased Premises, Landlord shall, without further action by any party, be released and discharged from any further obligation or duty under the Lease, and no claim or demand upon Landlord shall thereafter be made by Tenant arising out of any such prospective obligation or duty of Landlord hereunder. Upon request by Landlord, Tenant shall execute an attornment agreement with Landlord's transferee in form satisfactory to such transferee. ARTICLE XXVII. Severability 27.1 If any term, condition, or provision of the Lease or the application thereof to any person or circumstance shall, to any extent, be held to be invalid or unenforceable, the remainder thereof and the application of such terms,provisions, and conditions to persons or circumstances other than those as to whom it shall be held invalid or unenforceable shall not be affected thereby, and the Lease and all the terms, provisions, and conditions hereof shall, in all other respects, continue to be effective and to be complied with to the full extent permitted by law. ARTICLE XXVIII. Short Form Lease 28.1 At the request of either party hereto, a short form lease shall be prepared in form and substance reasonably satisfactory to each of the parties and shall be executed by each of the parties in duplicate, such lease to be filed for record in Hennepin County, Minnesota. ARTICLE XXIX. Notices 29.1 Any notice or election herein requested or permitted to be given or served by either party hereto upon the other, shall be deemed given or served in accordance with the provisions of the Lease if delivered to either party hereto and receipt is obtained therefor, or if mailed in a sealed wrapper by United states registered or certified mail,postage prepaid, properly addressed to such other party at the address hereinafter specified. Unless and until changed by notice as herein provided, notices and communications shall be addressed as follows: If to Landlord: City of Richfield, 6700 Portland Avenue, Richfield,MN 55423 If to Tenant: Hat Trick Hockey, 640 East 66th Street, Richfield,MN 55423 Each such mailed notice or communication shall be deemed to have been given to, or served upon the party to which addressed, on the date the same is deposited in the United states registered or certified mail, postage prepaid,properly addressed in the manner above provided. Each such delivered notice or communication shall be deemed to have been given to, or served upon,the party to whom delivered, upon delivery thereof in the manner above provided. Either party may change the address to which mailed notice is to be sent to it by giving to the other party hereto not less than thirty (30) days, advance written notice thereof. All payments of Base Rent or Additional Rent hereunder shall be made to Landlord at the address above designated, or as may be hereafter designated. ARTICLE XXX. Headings 30.1 The headings incorporated in the Lease are for convenience in reference only and are not a part of the Lease and do not in any way limit or add to the terms and provisions hereof. ARTICLE XXXI. Binding Effect 31.1 All of the covenants, conditions, and agreements herein contained shall extend to, be binding upon and inure to the benefit of the parties hereto and their respective heirs, successors, and assigns. IN WITNESS WHEREOF,the parties have executed this Lease the day and year first above written. LESSOR: CITY OF RICHFIELD, a Minnesota municipal corporation By: Its Mayor, Debbie Goettel And By: Its City Manager, Steven Devich This instrument was drafted by: LESSEE: Kennedy&Graven,Chartered(JBD) HAT TRICK HOCKEY, INC., a Minnesota corporation 470 Pillsbury Center 200 South Sixth Street Minneapolis,MN 55402 612-337-9219 By: Its Owners, Randy Reed, Jon Sachs and Steve Sachs