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031213completeagenda CITY OF RICHFIELD, MINNESOTA TUESDAY, MARCH 12, 2013 RICHFIELD MUNICIPAL CENTER 6700 PORTLAND AVENUE 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 Regular City Council Meeting of February 26, 2013 PRESENTATIONS 1. Presentation of a Department Commendation to Richfield Police Officer Orlando Zabala for events on December 18, 2012 2. Presentation of the Officer of the Year 2012 Award to Richfield Police Officer Drew Gifford 3. Presentation by Three Rivers Park District Representatives John Gunyou and John Gibbs 4. Presentation by Augsburg Park Library regarding Family Play and Learn Spot COUNCIL DISCUSSION 5. Council discussion • Hats Off to Hometown Hits Notes: AGENDA APPROVAL 6. Council approval of agenda CONSENT CALENDAR 7. Consent Calendar contains several separate items, which are acted upon by the City Council in one motion. Once the Consent Calendar has been approved, the individual items and recommended actions have also been approved. No further Council action on these items is necessary. However, any Council Member may request that an item be removed from the Consent Calendar and placed on the regular agenda for Council discussion and action. All items listed on the Consent Calendar are recommended for approval. A. Consideration of approval of the resolution amending the 2012 General Fund Budget by authorization of a transfer of appropriations from the Administrative Services Department to the Public Works Department S.R. No. 49 B. Consideration of approval of the resolution authorizing the transfer of funds from the General Fund to the Fire Station 2 Renovation Capital Project Fund S.R. No. 50 C. Consideration of approval of the resolution authorizing the execution and delivery of a HUD Amendment to Regulatory Agreement with respect to the Lynwood Partners, LLC Project and granting approval for certain other actions with respect thereto S.R. No. 51 D. Consideration of approval of a request for funding for the Fourth of July Committee's 2013 celebration in the amount of$8,917 to make up for the lost carnival income S.R. No. 52 E. Consideration of approval of the purchase orders to Midway Ford Commercial for two new Ford pickup trucks for Public Safety in the amount of$52,187.84, plus tax and licenses S.R. No. 53 F. Consideration of approval of the first reading of a transitory ordinance for the Taft Lake Water Quality Improvement Plan authorizing engineering services at an estimated cost of$225,000 and construction at an estimated cost of$3,000,000 and scheduling a public hearing and second reading for April 9, 2013 S.R. No. 54 G. Consideration of approval of the first reading of an ordinance amending Subsection 544.13, Subdivision 3 of the City Code related to parking lot design requirements S.R. No. 55 H. Consideration of approval of the resolution granting a site plan amendment to allow a proposed adult day care serving up to 29 persons at 6630 Penn Avenue S.R. No. 56 I. Consideration of approval of the resolution granting a three-year interim use permit to allow continued use of 6529 Penn Avenue (CarHop) for used car sales S.R. No. 57 Notes: 8. Consideration of item(s), if any, removed from Consent Calendar Notes: PUBLIC HEARING 9. Public hearing and consideration of the second reading of the transitory ordinance providing for the expenditure of funds from the Special Revenue Fund for certain capital improvements Staff Report No. 58 Notes: PROPOSED ORDINANCES 10.Consideration of the second reading of the proposed ordinance amendment to the City Administrative Code Chapter Ill, Subsection 310.07, Subdivision 5 describing background investigations Staff Report No. 59 Notes: 11.Consideration of the first reading of an ordinance amending Appendix 1 of the Richfield City Code rezoning 6330 and 6400 Lyndale Avenue from General Commercial (C-2) and Planned General Commercial (PC-2) to Planned Mixed Use (PMU) and Single Family Residential (R) Staff Report No. 60 Notes: CITY MANAGER'S REPORT 12.City Manager's Report Notes: 13.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: 14.Adjournment Auxiliary aids for individuals with disabilities are available upon request. Requests must be made at least 96 hours in advance to the City Clerk at 612-861-9738. CITY COUNCIL MEETING MINUTES Richfield, Minnesota g46411(4eed Regular Meeting February 26, 2013 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; Tom Fitzhenry; and Edwina Garcia. Members Absent: Sue Sandahl. Staff Present: Steven L. Devich, City Manager; Mike Eastling, Public Works Director; Todd Sandell, Public Safety Director; Wayne Kewitsch, Fire Services Director; Karen Barton, Acting Community Development Director; Jeff Pearson, Transportation Engineer; Chris Regis, Finance Manager; Pam Dmytrenko, Assistant City Manager; Corrine Heine, City Attorney; and Cheryl Krumholz, Executive Coordinator. M/Fitzhenry, S/Goettel to excuse Council Member Sandahl from the February 26, 2013 Regular City Council Meeting. Motion carried 4-0. OPEN FORUM None. PLEDGE OF ALLEGIANCE Mayor Goettel led the audience in the Pledge of Allegiance. APPROVAL OF MINUTES Council Meeting Minutes -2- February 26,2013 M/Fitzhenry, S/Garcia to approve the minutes of(1) Special City Council Meeting of January 22, 2013; (2) Regular City Council Meeting of February 12, 2013; and Special City Council Worksession of February 19, 2012. Motion carried 4-0. Item #1 RECOGNITION CEREMONY FOR LIFE-SAVING EFFORTS IN RICHFIELD ON DECEMBER 9, 2012 Police Chief Todd Sandell presented the following awards: • Richfield citizen Brianna Reinhart and friend, Brian Newkirk: Departmental Commendation Award • Richfield Dispatcher Lynn Werner: Department Commendation Award • Richfield Police Officer Greg Peterson: Departmental Commendation Award • Richfield Police Sergeant David Kromschroeder: Medal of Merit Fire Chief Wayne Kewitsch presented the following awards: • Richfield Fire Captain David Quebodeaux, Firefighters Charles Russell, John Wolfgram and Joseph Halaska: Departmental Commendations • Hennepin County Medical Center EMS Paramedics Kent Koelln and Amber Brown: Departmental Commendations. Item #2 COUNCIL DISCUSSION • HATS OFF TO HOMETOWN HITS None. Item #3 COUNCIL APPROVAL OF AGENDA Mayor Goettel moved Consent Calendar Item 4B to Item 5 for separate consideration. M/Fitzhenry, S/Elliott to approve the agenda, as amended. Motion carried 4-0. Item #4 CONSENT CALENDAR A. Consideration of approval of the first reading of the proposed ordinance amendment to the City Administrative Code Chapter III, Subsection 310.07, Subdivision 5, describing background investigations and schedule the second reading for March 12, 2013 S.R. No. 37 B. Moved to Item 5. C. Consideration of approval of the hiring of WSB &Associates, Inc. to provide final design services for the Richfield Parkway North Connection (between 17th Avenue and Council Meeting Minutes -3- February 26,2013 Bloomington Avenue) related to the Taft Lake Water Quality Improvement Project, at a cost not to exceed $65,000 S.R. No. 39 D. Consideration of approval of a resolution supporting the submittal of a Transit Oriented Development Grant Application to Hennepin County for the Lyndale Gardens redevelopment project S.R. No. 40 RESOLUTION NO. 10767 RESOLUTION SUPPORTING THE SUBMITTAL OF AN APPLICATION TO HENNEPIN COUNTY FOR TRANSIT ORIENTED DEVELOPMENT PROGRAM FUNDS FOR LYNDALE AVENUE This resolution appears as Resolution No. 10767. E. Consideration of approval of a resolution approving a conditional use permit for a funeral home at 6501 Nicollet Avenue S.R. No. 41 RESOLUTION NO. 10768 RESOLUTION APPROVING A CONDITIONAL USE PERMIT FOR A FUNERAL HOME AT 6501 NICOLLET AVENUE This resolution appears as Resolution No. 10768. F. Consideration of approval of the Land Disposition Agreement with Hennepin County to develop 2517-76th Street West in accordance with the Community Development Block Grant Program guidelines within two years of the date the agreement is executed S.R. No. 42 G. Consideration of approval of the Land Disposition Agreement with Hennepin County to develop 7316 Clinton Avenue in accordance with the Community Development Block Grant Program guidelines within two years of the date the agreement is executed S.R. No. 43 M/Goettel, S/Fitzhenry to approve the Consent Calendar, as amended. Motion carried 4-0. Item #5 CONSIDERATION OF ITEMS, IF ANY, REMOVED FROM CONSENT CALENDAR Item 4B. Consideration of approval of a resolution approving the agreement for the purchase of a property located at 6314-17th Avenue and the related addendum and approving the addendum to the purchase agreement for the property located at 6332-17th Avenue for the Richfield Parkway Improvement Project S.R. No. 38 City Attorney Heine explained there was a revised purchase agreement addendum for 6314-17th Avenue which clarifies the process following closing on the property. M/Goettel, S/Fitzhenry that the following resolution be adopted and that it be made part of these minutes: RESOLUTION NO. 10766 RESOLUTION APPROVING AGREEMENT AND ADDENDA TO AGREEMENTS FOR THE PURCHASE OF CERTAIN PROPERTIES LOCATED ON 17TH AVENUE FOR THE RICHFIELD PARKWAY IMPROVEMENT PROJECT Motion carried 4-0. This resolution appears as Resolution No. 10766. Council Meeting Minutes -4- February 26,2013 Item #6 PUBLIC HEARING REGARDING A RESOLUTION AUTHORIZING THE USE OF FUNDS FOR THE 2013 URBAN HENNEPIN COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM AND AUTHORIZING EXECUTION OF A SUBRECIPIENT AGREEMENT WITH HENNEPIN COUNTY AND ANY REQUIRED THIRD PARTY AGREEMENTS S.R. NO. 44 Council Member Garcia presented Staff Report No. 44. Debbie Staska , H.O.M.E. Coordinator, discussed the services provided by the program. Carol Watson, Community Action Partnership Suburban Hennepin County, discussed the services provided by the program. M/Fitzhenry, S/Elliott to close the public hearing. Motion carried 4-0. M/Garcia, S/Fitzhenry that the following resolution be adopted and that it be made part of these minutes: RESOLUTION NO. 10769 RESOLUTION AUTHORIZING USE OF FUNDS FOR THE 2013 URBAN HENNEPIN COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM AND AUTHORIZING EXECUTION OF SUBRECIPIENT AGREEMENT WITH HENNEPIN COUNTY AND ANY REQUIRED THIRD PARTY AGREEMENTS Motion carried 4-0. This resolution appears as Resolution No. 10769. Item #7 CONSIDERATION OF A RESOLUTION APPROVING THE CONTRACT WITH THE INTERNATIONAL UNION OF OPERATING ENGINEERS, LOCAL 49 FOR THE CONTRACT PERIOD JANUARY 1, 2013 THROUGH DECEMBER 31, 2014 S.R. NO 45 Mayor Goettel presented Staff Report No. 45. City Manager Devich explained the contract language change related to seniority and the pyramid cap of the concurrent specialized pay. M/Goettel, S/Fitzhenry that the following resolution be adopted and that it be made part of these minutes: RESOLUTION NO. 10770 RESOLUTION APPROVING LABOR AGREEMENT BETWEEN THE CITY OF RICHFIELD AND INTERNATIONAL UNION OF OPERATING ENGINEERS, LOCAL 49 BARGAINING UNIT FOR YEARS 2013 AND 2014 Motion carried 4-0. This resolution appears as Resolution No. 10770. Council Meeting Minutes -5- February 26,2013 Item #8 CONSIDERATION OF THE RESOLUTIONS AUTHORIZING AN INTERFUND LOAN FOR ADVANCE OF CERTAIN COSTS IN CONNECTION WITH PROPERTY LOCATED WITHIN THE CEDAR AVENUE TAX INCREMENT FINANCING DISTRICT AND APPROVAL OF A COOPERATIVE AGREEMENT WITH THE RICHFIELD HRA S.R. NO. 46 Mayor Goettel presented Staff Report No. 46. Finance Manager Regis explained the payment structure of the interfund loan. M/Goettel, S/Garcia that the following resolutions be adopted and that they be made part of these minutes: RESOLUTION NO. 10771 RESOLUTION AUTHORIZING INTERFUND LOAN FOR ADVANCE OF CERTAIN COSTS IN CONNECTION WITH PROPERTY LOCATED WITHIN CEDAR AVENUE TAX INCREMENT FINANCING DISTRICT This resolution appears as Resolution No. 10771. RESOLUTION NO. 10772 RESOLUTION APPROVING A COOPERATIVE AGREEMENT WITH THE HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR THE CITY OF RICHFIELD, MINNESOTA This resolution appears as Resolution No. 10772. Motion carried 4-0. Item #9 CONSIDERATION OF THE RESOLUTION AWARDING THE SALE OF GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 2013A, IN THE ORIGINAL AGGREGATE PRINCIPAL AMOUNT OF $3,120,000; FIXING THEIR FORM AND SPECIFICATIONS; DIRECTING THEIR EXECUTION AND DELIVERY; AND PROVIDING FOR THEIR PAYMENT S.R. NO. 47 Council Member Fitzhenry presented Staff Report No. 47. Rebecca Kurtz, Ehlers &Associates, Inc., recommended the award to United Banker's Bank of Bloomington, Minnesota for$3,120,000 with interest cost of 2.177%. M/Fitzhenry, S/Goettel that the following resolution be adopted and that it be made part of these minutes: RESOLUTION NO. 10773 RESOLUTION AWARDING THE SALE OF GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 2013A, IN THE ORIGINAL AGGREGATE PRINCIPAL AMOUNT OF $3,120,000; FIXING THEIR FORM AND SPECIFICATIONS; DIRECTING THEIR EXECUTION AND DELIVERY; AND PROVIDING FOR THEIR PAYMENT Motion carried 4-0. This resolution appears as Resolution No. 10773. Council Meeting Minutes -6- February 26,2013 Item #10 CONSIDERATION OF THE RESOLUTION AWARDING THE SALE OF GENERAL OBLIGATION STORM WATER REVENUE BONDS, SERIES 2013B, IN THE ORIGINAL AGGREGATE PRINCIPAL AMOUNT OF $2,770,000; FIXING THEIR FORM AND SPECIFICATIONS; DIRECTING THEIR EXECUTION AND DELIVERY; AND PROVIDING FOR THEIR PAYMENT S.R. NO. 48 Council Member Elliott presented Staff Report No. 48. Public Works Director Eastling explained the responsibilities of the City and Metropolitan Airports Commission regarding the portions of the project that will be constructed on the MAC property. Rebecca Kurtz, Ehlers &Associates, Inc., recommended the award to Baird of Milwaukee, Wisconsin for$2,770,000 with interest cost of 2.264%. M/Elliott, S/Goettel that the following resolution be adopted and that it be made part of these minutes: RESOLUTION NO. 10774 RESOLUTION AWARDING THE SALE OF GENERAL OBLIGATION STORMWATER REVENUE BONDS, SERIES 2013B, IN THE ORIGINAL AGGREGATE PRINCIPAL AMOUNT OF $2,770,000; FIXING THEIR FORM AND SPECIFICATIONS; DIRECTING THEIR EXECUTION AND DELIVERY; AND PROVIDING FOR THEIR PAYMENT Motion carried 4-0. This resolution appears as Resolution No. 10774. Item #11 CITY MANAGER'S REPORT City Manager Devich stated the layoffs announced today at Best Buy Headquarters in Richfield should have no adverse impacts on the City. City Manager Devich confirmed the City Council and Richfield School Board joint meeting on April 1, 2013. Item #12 CLAIMS AND PAYROLLS M/Garcia, S/Elliott that the following claims and payrolls be approved: U.S. Bank 02/26/13 A/P Checks: 219910-220237 $ 956,433.32 Payroll: 90434 - 90762 $ 533,341.62 TOTAL $ 1,489,774.94 Motion carried 4-0. OPEN FORUM Council Meeting Minutes -7- February 26,2013 None. ADJOURNMENT The City Council meeting was adjourned by unanimous consent at 8:07 p.m. Date Approved: March 12, 2013 Debbie Goettel Mayor Cheryl Krumholz Steven L. Devich Executive Coordinator City Manager AGENDA SECTION: CONSENT AGENDA ITEM# 7A REPORT# 49 STAFF REPORT RICHFIELD CITY COUNCIL MEETING MARCH 12, 2013 REPORT PREPARED BY: CHRIS REGIS,FINANCE MANAGER 11( NAME,TITLE DEPARTMENT DIRECTOR REVIEW: $ SIGNA t -- REVIEWED BY CITY MANAGER: i_n/L___ / / , - ,7 Alli I ITEM FOR COUNCIL CONSIDERATION: Approval of a resolution amending the allocation of the 2012 General Fund Budget. I. RECOMMENDED ACTION: By Motion: Approve the resolution amending the 2012 General Fund Budget by authorization of a transfer of appropriations from the Administrative Services Department to the Public Works Department. II. BACKGROUND • The Public Works Department's budget for 2012 exceeds the adopted appropriation by approximately $21,680 or only .53%. There is one primary cause for the department to exceed budget. • Within the Forestry division, the division was awarded a $25,000 Minnesota Department of Natural Resources (DNR) Grant. In order to receive grant funds the division was required to spend in advance the grant funds and then submit to the DNR for reimbursement. However, the costs incurred to spend the grant funds were not included in the division's 2012 Revised Budget. • Therefore, after the compilation of the 2012 Revised Budget, the expenditures of the Public Works Department have exceeded the appropriation contained in the 2012 Revised Budget, resulting in the department's total 2012 expenditures to exceed appropriations by approximately $21,680. 0312 Budget Alloc Amend • Without the grant award and associated expenditures, the Public Works Department would have finished the year under the adopted budget. III. BASIS OF RECOMMENDATION A. POLICY • The City Charter provides that the City Council must appropriate monies for operations of the City on a departmental level basis. • During the course of the year, the City Council amends the operating budget and it is referred to as the Revised Budget. B. CRITICAL TIMING ISSUES • N/A C. FINANCIAL • The amount exceeding budget for the Public Works Department is approximately $21,680. • City staff is recommending that the 2012 Revised Budget be allocated between the following departments and divisions in order to balance all City departments: INCREASED BUDGETED EXPENDITURES Public Works Forestry Division $32,000 Total $32,000 DECREASE BUDGETED EXPENDITURES Administrative Services Administrative Division $32,000 Total $32,000 Net Change to General Fund Budget $ 0 D. LEGAL • City Charter provides that the City Council must appropriate funds at the department level of spending. E. ENVIRONMENTAL CONSIDERATIONS • N/A IV. ALTERNATIVE RECOMMENDATION(S) • The transfer does not affect the annual General Fund Budget; instead it provides that no department end the fiscal year overspent. V. ATTACHMENTS • Resolution authorizing revision of 2012 budgets of various departments. VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None 7i -i RESOLUTION NO RESOLUTION AUTHORIZING REVISION OF 2012 BUDGETS OF VARIOUS DEPARTMENTS WHEREAS, Resolution No. 10587 appropriated funds for personal services, other services and charges, supplies and capital outlays for each department of the City for the year 2012; and WHEREAS, Resolution No. 10732 authorized revision of the 2012 budget various departments; and WHEREAS, the City Manager has requested a revision of the 2012 budget appropriations in accordance with charter provisions. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield, MN as follows: SUMMARY INCREASE BUDGETED EXPENDITURES Public Works Forestry Division $32,000 Total $32,000 DECREASE BUDGETED EXPENDITURES Administrative Services Department: Administrative Division $32,000 Total $32,000 Net Change to General Fund Budget -0- Passed by the City Council of the City of Richfield, MN. this 12th day of March, 2013. Suzanne M. Sandahl, Mayor Pro Tempore ATTEST: Nancy Gibbs, City Clerk AGENDA SECTION: CONSENT AGENDA ITEM# 7B REPORT# 50 STAFF REPORT RICHFIELD CITY COUNCIL MEETING. MARCH 12, 2013 REPORT PREPARED BY: CHRIS REGIS, FINANCE MANAGER NAME,TITLE DEPARTMENT DIRECTOR REVIEW: d **-"e WMI sj:All: "- REVIEWED BY CITY MANAGER: r ;I / 4.1-7 ITEM FOR COUNCIL CONSIDERATION: Approval of a resolution authorizing a transfer of funds from the General Fund to the Fire Station 2 Renovation Capital Project. I. RECOMMENDED ACTION: By Motion: Approve the resolution authorizing the transfer of funds from the General Fund to the Fire Station 2 Renovation Capital Project Fund. II. BACKGROUND At the September 11, 2012 City Council meeting, the City Council conducted a public hearing and second reading to authorize the renovation of Fire Station 2. The estimated cost of the renovation is $900,000, with an estimated start of construction planned for late spring of 2013. Station 2 will remain operational during the renovation. The funding for the project was to come from the Capital Improvement Reserve Fund, Local Government Aid set aside funds, and 2012 surplus from the General Fund. The amount the General Fund is to provide is $100,000. 2012 year end results reflect a positive General Fund surplus to provide the planned funding for the renovation. The funding would be provided through an operating transfer from the General Fund to the Fire Station 2 Renovation Capital Project Fund. 0312 Fire 2 General Fund Transfer III. BASIS OF RECOMMENDATION A. POLICY • The City's auditors have recommended that non-budgeted transfers between funds be approved by the City Council. B. CRITICAL TIMING ISSUES • N/A C. FINANCIAL • The estimated cost to renovate Fire Station 2 is as follows: Design & Engineering $ 72,000 Construction 770,000 Technology/Furnishings/Contingency 58,000 Total $900,000 • Funding will be provided as follows: Capital Improvement Reserve Fund $ 500,000 Local Government Aid Set Aside 300,000 2012 General Fund Surplus 100,000 Total $ 900,000 D. LEGAL • The project has been approved through the transitory ordinance process. E. ENVIRONMENTAL CONSIDERATIONS • N/A IV. ALTERNATIVE RECOMMENDATION(S) • None. V. ATTACHMENTS • Resolution authorizing transfer of funds from the General Fund to the Fire Station 2 Renovation Capital Project Fund. VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None 76 -1 RESOLUTION NO RESOLUTION AUTHORIZING TRANSFER OF FUNDS FROM THE GENERAL FUND TO THE FIRE STATION 2 RENOVATION CAPITAL PROJECT FUND WHEREAS, the City of Richfield City Council has approved the capital project to renovate Fire Station 2, and WHEREAS, one source of the funding for the project is to be provided from the 2012 surplus of the City's General Fund, and WHEREAS, the City Manager is requesting a transfer of funds in the amount of $100,000.00 from the General Fund to the Fire Station 2 Renovation Capital Project. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield, MN as follows: 1. The City Manager is authorized to execute an operating transfer in the amount of $100,000.00 from the City's General Fund to the Fire Station 2 Renovation Capital Project as of December 31, 2012. Passed by the City Council of the City of Richfield, MN. this 12th day of March, 2013. By: Suzanne M. Sandahl Mayor Pro Tempore ATTEST: Nancy Gibbs, City Clerk AGENDA SECTION: CONSENT AGENDA ITEM# 7C REPORT# 51 STAFF REPORT RICH( if CITY COUNCIL MEETING MARCH 12, 2013 REPORT PREPARED BY: CHRIS REGIS,FINANCE MANAGER NAME,TITLE DEPARTMENT DIRECTOR REVIEW: d 4 Sit TURE REVIEWED BY CITY MANAGER: ', Jill/Aka ITEM FOR COUNCIL CONSIDERATION: Consideration of a resolution authorizing an amendment to a regulatory agreement with respect to the Lynwood Partners, LLC Project. I. RECOMMENDED ACTION: By Motion: Approving the Form of and Authorizing the Execution and Delivery of a HUD Amendment to Regulatory Agreement with Respect to the Lynwood Partners, LLC Project; and Granting Approval for Certain Other Actions with Respect Thereto. II. BACKGROUND In May 2007, the City Council authorized the issuance of Variable Rate Demand Multifamily Housing Bonds on behalf of Lyndwood Partners, LLC (the "Borrower") in the original aggregate principal amount of$15,445,000. The financing provided funding for the acquisition and rehabilitation of Gateway Pointe, a 306 unit multifamily rental housing development located at 7437 Lyndale Avenue South. The proceeds derived from the sale of the Series 2007 Bonds were loaned to the Borrower pursuant to the terms of a Loan Agreement, dated as of May 22, 2007 (the "Loan Agreement"), between the City and the Borrower. In March 2010, the City Council authorized the issuance of Variable Rate Demand Multifamily Housing Refunding Revenue Bonds in the original aggregate principal amount of$11,385,000; and Subordinate Multifamily Housing Refunding Revenue Notes in the original aggregate principal amount of$2,645,000. The proceeds derived from the sale of the Series 2010 Bonds and the Subordinate Notes were applied by the Borrower, together with equity funds of the Borrower, to the redemption and prepayment of the Series 2007 Bonds. The interest on the Series 2010 Bonds and Subordinate Notes issued is excludable from gross income for federal income tax purposes, if the Project continuously complies with the rental and occupancy requirements imposed by the Internal Revenue Code (Code), and applicable Treasury Regulations. In order to ensure compliance with the Code and certain requirements with Minnesota Statutes, Chapters 462C and 474A, as amended, the City, the Borrower, and the Prior Trustee entered into a Regulatory Agreement, dated as of May 1, 2007 (Original Regulatory Agreement). Under the terms of the Original Regulatory Agreement, the Borrower agreed to operate the Project so that at least twenty percent (20%) of the units would be occupied by persons and families whose income is fifty percent (50%) or less of area median gross income and all of the units of the Project would be rented to members of the general public on a continuous basis. Under the terms of the Original Regulatory Agreement, these covenants will remain in place for the "qualified project period" defined as the period equal to the latest of: (i) the date which is fifteen (15) years after the date on which fifty percent (50%) of the units of the Project are occupied; or (ii) the first day on which no tax-exempt bonds issued with respect to the Project are outstanding; or (iii) the date on which any assistance provided with respect to the Project under Section 8 of the United States Housing Act of 1937 terminates. Accordingly, on the same date that the Series 2010 Bonds and Subordinate Notes were issued, the City, the Borrower, and the Trustee entered into a First Amendment to Regulatory Agreement, dated May 1, 2010 (the "First Amendment to Regulatory Agreement"). The First Amendment to Regulatory Agreement confirmed the application of the Original Regulatory Agreement to the Project. Consequently, the Borrower has made arrangements to obtain mortgage loan financing from Dougherty Mortgage LLC, a Delaware limited liability company (the "Lender"), the proceeds of which are to be applied to the redemption and prepayment of all outstanding Series 2010 Bonds and all outstanding Subordinate Notes. Although no tax-exempt bonds will be outstanding with respect to the Project after the redemption and prepayment of the Bonds and the Subordinate Notes, the Original Regulatory Agreement, as amended by the First Amendment to Regulatory Agreement (collectively, the "Regulatory Agreement") will continue to apply to the Project for the "qualified project period." The mortgage loan from the Lender to the Borrower will be insured by the United States Department of Housing and Urban Development ("HUD") and, as a condition to providing such insurance, HUD requires that the Regulatory Agreement be subordinated to the lien, covenants, and enforcement of the mortgage from the Borrower in favor of the Lender. Since the City is a party to the Regulatory Agreement it is necessary for the City to execute the HUD Amendment in order to make the document effective. III. BASIS OF RECOMMENDATION A. POLICY • With the issuance of revenue bonds, the City must comply to certain requirements of Minnesota Statutes, Chapters 462C and 474A. B. CRITICAL TIMING ISSUES • N/A C. FINANCIAL • The City is to be reimbursed and held harmless for and from any out-of-pocket expenses related to the process to amend the Regulatory Agreement, including, but not limited to, legal fees, financial analyst fees, bond counsel fees, staff costs, and any deposits or application fees required under state law. D. LEGAL • Kennedy & Graven will serve as legal counsel for the City during the amendment process. E. ENVIRONMENTAL CONSIDERATIONS • N/A IV. ALTERNATIVE RECOMMENDATIONS) • None. V. ATTACHMENTS • Resolution Approving the Form of and Authorizing the Execution and Delivery of a HUD Amendment to Regulatory Agreement with Respect to the Lynwood Partners, LLC Project; and Granting Approval for Certain Other Actions with Respect Thereto. • HUD Amendment to Regulatory Agreement VI. PRINCIPAL PARTIES EXPECTED AT MEETING • John Utley, Kennedy & Graven, Chartered 1)c- 1 RESOLUTION NO. APPROVING THE FORM OF AND AUTHORIZING THE EXECUTION AND DELIVERY OF A HUD AMENDMENT TO REGULATORY AGREEMENT WITH RESPECT TO THE LYNWOOD PARTNERS, LLC PROJECT; AND GRANTING APPROVAL FOR CERTAIN OTHER ACTIONS WITH RESPECT THERETO WHEREAS, under the terms of Resolution No. 9931 adopted on May 8, 2007, the City Council of the City of Richfield (the "City") authorized the issuance of its Variable Rate Demand Multifamily Housing Revenue Bonds (Lynwood Partners, LLC Project), Series 2007 (the "Prior Bonds"), in the original aggregate principal amount of $15,445,000, pursuant to the terms of an Indenture of Trust, dated as of May 1, 2007 (the "Prior Indenture"), between the City and U.S. Bank National Association, as trustee (the "Prior Trustee"); and WHEREAS, the proceeds derived from the sale of the Prior Bonds were applied to make a loan (the "Prior Loan") by the City to Lynwood Partners, LLC, a Minnesota limited liability company (the "Borrower") in accordance with the terms of a Loan Agreement, dated as of May 1, 2007 (the "Prior Loan Agreement"), between the City and the Borrower; and WHEREAS, the Borrower applied the proceeds of the Prior Loan to finance the following: (i) the acquisition and renovation of a 306-unit residential rental multifamily housing development, comprised of nine buildings located at 7437 Lyndale Avenue South in the City (the "Project"); and (ii) the payment of certain costs related to the issuance of the Prior Bonds; and WHEREAS, the Project was designed and intended to be used primarily for rental to and occupancy by persons and families of low and moderate income; and WHEREAS, under the terms of Resolution No. 10352 adopted on March 23, 2010, the City Council of the City issued its: (i) Variable Rate Demand Multifamily Housing Refunding Revenue Bonds (Lynwood Partners, LLC Project), Series 2010 (the "Bonds"), in the original aggregate principal amount of $11,385,000; and (ii) Subordinate Multifamily Housing Refunding Revenue Notes (Lynwood Partners, LLC Project), Series 2010 (the "Subordinate Notes"), in the original aggregate principal amount of$2,645,000; and WHEREAS, the proceeds derived from the sale of the Bonds were applied to make a loan (the "Loan") by the City to the Borrower pursuant to the terms of a Loan Agreement, dated as of May 1, 2010 (the "Loan Agreement"), between the City and the Borrower, and the proceeds of the Loan were applied to the redemption and prepayment of a portion of the Prior Bonds; and WHEREAS, the Bonds were issued in accordance with the terms of an Indenture of Trust, dated as of May 1, 2010 (the "Indenture"), between the City and Wells Fargo Bank, National Association, as trustee (the "Trustee"); and WHEREAS, the proceeds derived from the sale of the Subordinate Notes were loaned to the Borrower pursuant to the terms of a Subordinate Note Agreement, dated as of May 1, 2010 (the "Note Agreement"), between the City and the Borrower, and the proceeds derived from the sale of the Subordinate Notes were applied to the redemption and prepayment of a portion of the Prior Bonds; and WHEREAS, in accordance with the requirements of Section 142(d) of the Internal Revenue Code of 1986, as amended, and Minnesota Statutes, Chapter 462, as amended, and Minnesota Statutes, Chapter 474A, as amended, a Regulatory Agreement, dated as of May 1, 2007 (the "Original Regulatory Agreement"), between the City, the Borrower, and the Trustee, imposing certain rental and occupancy restrictions with respect to the Project was filed with the County Recorder of Hennepin County on May 23, 2007, and a First Amendment to Regulatory Agreement, dated May 1, 2010 (the "First Amendment to Regulatory Agreement"), between the City, the Borrower, and the Trustee, was filed with the County Recorder of Hennepin County on May 21, 2010; and WHEREAS, the Borrower has obtained mortgage loan financing from Dougherty Mortgage LLC, a Delaware limited liability company (the "Lender"), the proceeds of which are to be applied to the redemption and prepayment of all outstanding Bonds and all outstanding Subordinate Notes; and WHEREAS, the mortgage loan from the Lender to the Borrower will be insured by the United States Department of Housing and Urban Development ("HUD") and, as a condition to providing such insurance, HUD requires that the Original Regulatory Agreement, as amended by the First Amendment to Regulatory Agreement, be subordinated to the lien, covenants, and enforcement of the mortgage from the Borrower in favor of the Lender; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF RICHFIELD, MINNESOTA, AS FOLLOWS: 1. The Mayor and the City Manager are hereby authorized and directed to execute and deliver the HUD Amendment to Regulatory Agreement, dated on or after March 1, 2013 (the "HUD Amendment"), between the City, the Borrower, and the Trustee. All of the provisions of the HUD Amendment, when executed and delivered as authorized herein, shall be deemed to be a part of this resolution as fully and to the same extent as if incorporated verbatim herein and shall be in full force and effect from the date of execution and delivery thereof. The HUD Amendment shall be substantially in the form on file with the City which is hereby approved, with such omissions and insertions as do not materially change the substance thereof, and as the Mayor and the City Manager, in their discretion, shall determine, and the execution thereof by the Mayor and the City Manager shall be conclusive evidence of such determinations. 2. The Mayor and the City Manager are hereby authorized to execute and deliver, on behalf of the City, such other documents and certificates as are necessary or appropriate in connection with the execution, delivery, and recording of the HUD Amendment. The City hereby approves the execution and delivery by the Trustee of the HUD Amendment and all other instruments, certificates, notices, and other documents to be prepared in conjunction with the redemption and prepayment of the Bonds and the Subordinate Notes. The City hereby authorizes Kennedy & Graven, Chartered, as bond counsel to prepare, execute, and deliver any requested legal opinions with respect to the HUD Amendment and any related matters. 3. On any date subsequent to the date of adoption of this resolution, the Mayor and the City Manager are hereby authorized to execute and deliver any amendments or supplements to any of the documents referred to in this resolution if, after review by bond counsel, the Mayor and the City Manager determine that the execution and delivery of such amendment or supplement is in the interests of the City. The Mayor and the City Manager may impose any terms or conditions on their execution and delivery of any such amendment or supplement as the Mayor and the City Manager deem appropriate. 4. This Resolution shall be in full force and effect from and after its approval and publication. Adopted by the City Council of the City of Richfield, Minnesota, on this March 12, 2013. CITY OF RICHFIELD, MINNESOTA Suzanne M. Sandahl, Mayor Pro Tempore Attest: Nancy Gibbs, City Clerk "7C- 4 This document was drafted by and when Recorded Return to: James J. Schwert Oppenheimer, Wolff&Donnelly, LLP Campbell Mithun Tower—Suite 2000 222 South Ninth Street Minneapolis, MN 55402-3338 Tax Parcel I.D.No.: HUD AMENDMENT TO REGULATORY AGREEMENT This HUD AMENDMENT TO REGULATORY AGREEMENT ("Amendment") is made as of , 2013, between LYNWOOD PARTNERS, LLC, a Minnesota limited liability company ("Borrower"), the CITY OF RICHFIELD, MINNESOTA, a municipal corporation and political subdivision of the State of Minnesota organized and existing pursuant to the constitution and laws of the State of Minnesota (the "Issuer"), and WELLS FARGO BANK, NATIONAL ASSOCIATION, a national banking association(the"Trustee"). WHEREAS, Borrower has obtained financing ("Mortgage Loan") from Dougherty Mortgage LLC, a Delaware limited liability company (the "Lender") for the benefit of the project known as Lynwood Commons Apartments, more particularly described in Exhibit "A" attached hereto (the "Project"), the proceeds of which will be used to pay and redeem all outstanding Bonds and the Notes, as defined below, which loan is secured by a Mortgage ("Security Instrument") dated as of , 2013 and recorded in the official records of the County Recorder of Hennepin County, Minnesota (the "Records") concurrently herewith, and which loan is insured by the United States Department of Housing and Urban Development("HUD"); WHEREAS, Borrower received a loan from the City of Richfield, Minnesota, a municipal corporation and political subdivision of the State of Minnesota ("Issuer"), the funds of which loan were generated by the sale of certain $11,385,000 Variable Rate Demand Multifamily Housing Revenue Bonds (Lynwood Partners, LLC Project) Series 2010 (the "Bonds"), and the issuance of certain Subordinate Multifamily Housing Refunding Revenue Notes (Lynwood Partners, LLC Project), Series 2010 (the "Notes") in the original aggregate principal amount of$2,645,000; WHEREAS, Borrower entered into with the Issuer and U.S. Bank National Association, a national banking association, that certain Regulatory Agreement with respect to the Project, dated as of May 1, 2007 and recorded on May 23, 2007, in the official records of the County Recorder of Hennepin County, Minnesota as Document Number 8983244, as amended by First Amendment to Regulatory Agreement dated May 1, 2010 by and among the Issuer, the Borrower and the Trustee, and recorded on May 21, 2010 in the Official Records of the County Recorder of Hennepin County, Minnesota as Document Number A9515766 (the"Restrictive Covenants"); WHEREAS, HUD is requiring that the lien and covenants of the Restrictive Covenants be subordinated to the lien, covenants, and enforcement of the Security Instrument; WHEREAS, the Issuer and the Trustee have agreed to subordinate the Restrictive Covenants to the lien of the Mortgage Loan in accordance with the terms of this Amendment. NOW, THEREFORE, in consideration of the foregoing and for other consideration the receipt and sufficiency of which are hereby acknowledged, the parties hereby agree to amend the Restrictive Covenants by adding the following new Section 17 to the Restrictive Covenants as follows: Section 17. HUD Provisions. (a) In the event of any conflict between any provision contained elsewhere in the Restrictive Covenants and any provision contained in this Section 17, the provisions contained in this Section 17 shall govern and be controlling in all respects. (b) The following terms shall have the following definitions: "HUD"means the United States Department of Housing and Urban Development. "HUD Regulatory Agreement" means the Regulatory Agreement between Borrower and HUD with respect to the Project, as the same may be supplemented, amended or modified from time to time. "Lender"means Dougherty Mortgage LLC, its successors and assigns. "Mortgage Loan" means the mortgage loan made by Lender to the Borrower pursuant to the Mortgage Loan Documents with respect to the Project. "Mortgage Loan Documents" means the Security Instrument, the HUD Regulatory Agreement and all other documents required by HUD or Lender in connection with the Mortgage Loan. "National Housing Act"means the National Housing Act of 1934, as amended. "Program Obligations"has the meaning set forth in the Security Instrument. "Security Instrument" means the mortgage or deed of trust from Borrower in favor of Lender, as the same may be supplemented, amended or modified. "Surplus Cash"has the meaning specified in the HUD Regulatory Agreement. "Residual Receipts" has the meaning specified in the HUD Regulatory Agreement. (c) Notwithstanding anything in the Restrictive Covenants to the contrary, except the requirements in 26 U.S.C. 42(h)(6)(E)(ii), the provisions of the Restrictive Covenants are expressly subordinate to (i) the Security Instrument, (ii) the HUD Regulatory Agreement and (iii) Program Obligations. In the event of any conflict between the provisions of the Restrictive Covenants and the provisions of the Security Instrument, HUD Regulatory Agreement, or Program Obligations, the provisions of the Mortgage Loan Documents and Program Obligations shall control and supersede the enforcement of the Restrictive Covenants. (d) In the event of foreclosure, the Restrictive Covenants (including without limitation, any and all land use covenants and/or restrictions contained in the Restrictive Covenants) shall automatically terminate, with the exception of the requirements of 26 U.S.C. 42(h)(6)(E)(ii) above, or as otherwise approved by HUD. (e) Borrower, the Issuer and the Trustee acknowledge that Borrower's failure to comply with the covenants provided in the Restrictive Covenants does not and shall not serve as a basis for default under the terms of the Security Instrument, the HUD Regulatory Agreement, or any other document relating to the Mortgage Loan to Borrower for the Project, provided that, nothing herein limits the Issuer's or the Trustee's ability to enforce the terms of the Restrictive Covenants to the extent not in conflict with the Mortgage Loan Documents or Program Obligations. (f) In enforcing the Restrictive Covenants, the Issuer and the Trustee will not file any claim against the Project or any reserve or deposit required by HUD in connection with the Security Instrument or HUD Regulatory Agreement, or the rents or other income from the property other than a claim against: 7C -1 i. Available surplus cash, if the Borrower is a for-profit entity; ii. Available distributions and residual receipts authorized for release by HUD, if the Borrower is a limited distribution entity; or iii. Available residual receipts authorized by HUD, if the Borrower is a non-profit entity. (g) For so long as the Mortgage Loan is outstanding, Borrower, the Issuer and the Trustee shall not further amend the Restrictive Covenants without HUD's prior written consent. (h) Subject to the HUD Regulatory Agreement, the Issuer and the Trustee may require the Borrower to indemnify and hold the Trustee and the Issuer harmless from all loss, cost, damage and expense arising from any claim or proceeding instituted against the Trustee or the Issuer relating to the subordination and covenants set forth in the Restrictive Covenants, provided, however, that Borrower's obligation to indemnify and hold the Trustee and the Issuer harmless shall be limited to available surplus cash and/or residual receipts of the Borrower. (i) No action shall be taken in accordance with the rights granted herein to preserve the tax exemption of the interest on the notes or bonds, or prohibiting the owner from taking any action that might jeopardize the tax-exemption, except in strict accord with Program Obligations. [Signatures on following pages] BORROWER: LYNWOOD PARTNERS, LLC, a Minnesota limited liability company By: Name: Its: STATE OF MINNESOTA ) ss. COUNTY OF ) The foregoing instrument was acknowledged before me this day of 2013, by , the of LYNWOOD PARTNERS, LLC, a Minnesota limited liability company, on behalf of the limited liability company. Notary Public 2987893 v.1 02/11/2013 C TRUSTEE: WELLS FARGO BANK,NATIONAL ASSOCIATION, a national banking association By: Name: Its: STATE OF MINNESOTA ) ) ss. COUNTY OF ) The foregoing instrument was acknowledged before me this day of 2013, by , the of WELLS FARGO BANK, NATIONAL ASSOCIATION, a national banking association, on behalf of the national banking association. Notary Public ISSUER: CITY OF RICHFIELD, MINNESOTA, a municipal corporation and political subdivision of the State of Minnesota By: Name: Its: By: Name: Its: STATE OF MINNESOTA ) ss. COUNTY OF ) The foregoing instrument was acknowledged before me this day of 2013, by , the of the CITY OF RICHFIELD, MINNESOTA, a municipal corporation and political subdivision of the State of Minnesota, on behalf of the City. Notary Public STATE OF MINNESOTA ) ss. COUNTY OF ) The foregoing instrument was acknowledged before me this day of 2013, by , the of the CITY OF RICHFIELD, MINNESOTA, a municipal corporation and political subdivision of the State of Minnesota, on behalf of the City. Notary Public 2987893 v.1 02/11/2013 EXHIBIT "A" LEGAL DESCRIPTION 2987899 v.1 AGENDA SECTION: CONSENT AGENDA ITEM# 7D REPORT# 52 STAFF REPORT RICHFIELD CITY COUNCIL MEETING MARCH 12, 2013 REPORT PREPARED BY: JIM TOPITZHOFER,RECREATION SERVICES DIRECTOR NAME,TITLE DEPARTMENT DIRECTOR 111,� I REVIEW: _ut: __ SIGNATU• I �r REVIEWED BY CITY / MANAGER: i /`/bulb` j'd�■ ITEM FOR COUNCIL CONSIDERATION: Consideration of a request for funding for the Fourth of July Committee's 2013 Celebration in the amount of$8,917, to make up for lost carnival income. I. RECOMMENDED ACTION: By Motion: Approve a request for funding for the Fourth of July Committee's 2013 Celebration in the amount of $8,917, to make up for lost carnival income. II. BACKGROUND On November 13, 2012, City Council approved a Community Celebration Event License and a Temporary On-Sale Intoxicating Liquor license, with a fee waiver, for the Fourth of July Committee to conduct annual events scheduled to take place July 1st through July 5th, 2013, provided that a carnival is omitted from the list of planned activities for the event and pending submittal of all food vendor license applications, fire permit application, electric permit application, required insurance certificates and payment of temporary liquor license fee. Council omitted a carnival from the list of planned activities because of public safety concerns observed by police officers during past celebrations. Last year, deputies and officers initiated 19 calls for service in the park during the event (the number of actual police contacts was higher) and the majority of these contacts were near the carnival. These contacts included disorderly conduct, assault and weapons violations. In addition, there were nine different street gangs identified in the park. 031213 4th of July Celebration Funding Request More importantly, officers identified and arrested two gang members in the park with guns. Officers made contact with a third individual leaving the park, which also had a handgun. The Police Department believed the carnival is the primary source of concern and attraction for the gang presence. Upon discussing the Community Event License for the 2013 season, Council discussed the impact of lost carnival income and supported a subsidy in amount equal to the average annual carnival income received from the past three years. The attached Fourth of July Committee Expenditure Report indicates that the average annual carnival income for the past three years is $8,917. III. BASIS OF RECOMMENDATION A. POLICY • At the regular meeting dated November 13, 2012, Council decided to omit the 4th of July Carnival from the list of approved activities in the Community Celebrations License for the 2013 Fourth of July Celebration and to reimburse the Committee to cover the lost carnival income. Council action on this matter is needed so that staff can include the 4th of July expenditure in the revised 2013 budget and so that the Fourth of July Committee can proceed with their planning. B. CRITICAL TIMING ISSUES • The Fourth of July Committee is requesting approval of funds at this time so that they can prepare a budget for this year's event. The actual transfer of funds is not needed until a closer date to the event. Staff is recommending the disbursement of funds be conditional on the receipt of these items: 1. Pay the required licensing fee for the temporary on-sale intoxicating liquor license allowing them to sell strong beer and wine coolers only. 2. Payment of all fees for each professional concession. 3. Proof of liquor liability insurance coverage. 4. A detailed activity plan of the days' events. 5. The applicant agrees to contact food sanitarians from the City of Bloomington to ensure that proper food handling practices are followed. 6. Hire Public Safety Police Officers to patrol the area for this event. C. FINANCIAL • The Fourth of July Committee's request for funding will come from the City's Mayor Council General Fund, account number 10100.6513 in the amount of$8,917. The expenditure will be reflected in the 2013 revised budget. D. LEGAL • N/A E. ENVIRONMENTAL CONSIDERATIONS • N/A IV. ALTERNATIVE RECOMMENDATION(S) • The Council could decide to deny or the Fourth of July Committee's request for funding. This would result in a hardship for the Fourth of July Committee to make up for lost income from the discontinuance of a carnival. V. ATTACHMENTS • Fourth of July Committee Expenditure Report for Carnival Income. VI. PRINCIPAL PARTIES EXPECTED AT MEETING • Katherine Robison, Fourth of July Committee President. rib - I Richfield 4th of July Committee Inc. Profit & Loss January 2010 through December 2012 Jan-Dec 10 Jan-Dec 11 Jan-Dec 12 TOTAL Income Carnival Income 10,600.00 8,585.00 7,565.00 26,750.00 Total Income 10,600.00 8,585.00 7,565.00 26,750.00 Expense 0.00 0.00 0.00 0.00 Net Income 10,600.00 8,585.00 7,565.00 26,750.00 Page 1 AGENDA SECTION: CONSENT AGENDA ITEM# 7E REPORT# 53 STAFF REPORT RICHFIELD CITY COUNCIL MEETING MARCH 12, 2013 REPORT PREPARED BY: MARK HALL, PUBLIC WORKS OPERATIONS MANAGER NAME,TITLE DEPARTMENT DIRECTOR Ei REVIEW: ii / - SIGNATUREif REVIEWED BY CITY MANAGER: A '�j`4 t ITEM FOR COUNCIL CONSIDERATION: Consideration of the purchase of two Ford Pickup Trucks for Public Safety. • I. RECOMMENDED ACTION: By Motion: Approve purchase orders to Midway Ford Commercial in the sum of $52,187.84, plus tax and licenses for two new Ford pickup trucks. II. BACKGROUND Two Public Safety Department Community Service Officer (CSO) pickup trucks are scheduled to be replaced in 2013. A replacement schedule has been established for purchasing new vehicles for the Public Safety Department as described below. Replacement Schedule CSO pickup trucks are replaced every six years due to: • Average mileage of 70,000 miles • Excessive engine idle time over the six year life The trucks that are replaced are rotated into administrative vehicles for the City's inspection, engineering, utilities and forestry divisions. The old administrative vehicles are then sold at the Hennepin County auction. • 0312013CSO III. BASIS OF RECOMMENDATION A. POLICY • The City of Richfield participates in the Minnesota State Cooperative Purchasing Program which allows the City to purchase goods, certain services and utilities from contracts established by the Materials • Management Division. • Midway Ford Commercial currently has the State contract on Ford pickup trucks. • As stated above, the two vehicles to be replaced are fully depreciated and scheduled to be replaced. B. CRITICAL TIMING ISSUES • Approval at the March 12, 2013 Council Meeting will facilitate delivery of the new pickup trucks. C. FINANCIAL • $80,000 has been budgeted in the 2012R-2013P Central Garage Budget (61000-7500). • Upon delivery of the vehicles, additional charges (transfer of police • equipment such as radios and logo applications) will be deducted from the remaining funds budgeted for this purchase. D. LEGAL • When the purchase of materials, merchandise, equipment, or construction exceeds $50,000, authority to purchase shall be submitted to the City Council for consideration. • E. ENVIRONMENTAL CONSIDERATIONS • None IV. ALTERNATIVE RECOMMENDATION(S) • Council may delay approval to a later meeting. Delayed approval, however, will result in delayed delivery. • •No action by Council on this purchase will eventually compromise safety for CSO officers driving unreliable pickup trucks. V. ATTACHMENTS None VI. PRINCIPAL PARTIES EXPECTED AT MEETING None • AGENDA SECTION: CONSENT AGENDA ITEM# 7F REPORT# 54 STAFF REPORT RICHFIELD CITY COUNCIL MEETING MARCH 12, 2013 REPORT PREPARED BY: ELIZABETH FINNEGAN, CIVIL ENGINEER NAME,TITLE DEPARTMENT DIRECTOR Er REVIEW: t I o SIGNATURE WED BY CITY git' ___,---4,. MGER: A4d1' a $14 4. ITEM FOR COUNCIL CONSIDERATION: Consideration of the first reading of a transitory ordinance for the Taft Lake Water Quality Improvement Project and schedule a public hearing and second reading for April 9, 2013. I. RECOMMENDED ACTION: By Motion: 1. Approve the first reading of a transitory ordinance for the Taft Lake Water Quality Improvement Project authorizing • engineering services at an estimated cost of $225,000 and construction at an estimated cost of $3,000,000. 2. Schedule a public hearing and second reading for April 9, 2013. II. BACKGROUND Consistent with City Council direction, the Capital Improvement Plan, and the City's Comprehensive Plan, staff is working towards the completion of the Taft Lake Water Quality Improvement (TLWQI) Project. This project also includes construction of the Richfield Parkway North Connection and improvements at Veteran's Park. The City Council has approved the 25 mph Curve Alternative as the future alignment for the Richfield Parkway North Connection between 17th and Bloomington Avenues. The North Connection is a replacement roadway for the Taft Lake Frontage Road and old Cedar Avenue. This project is on schedule to begin construction this summer. 03122013 Taft Lake-Richfield Parkway In order to move forward with the project, the City Attorney has determined that a public hearing, as identified in the City Charter, is needed. Staff is recommending the public hearing be scheduled for April 9, 2013 before going out for bid. III. BASIS OF RECOMMENDATION A. POLICY • Pursuant to Section 8.04 of the City Charter, the project will require approval by transitory ordinance. This approval is required when a capital improvement project is on city owned property and the estimated cost exceeds $500,000 or the engineering costs exceed $75,000. B. CRITICAL TIMING ISSUES • The current approval timeline will ensure the construction is kept on schedule for the summer of 2013. C. FINANCIAL • $2,700,000 of the project cost will be funded by the Minnehaha Creek Watershed District via City General Obligation Bonds. • The remaining cost of the project will be funded by City Municipal State Aid Funds and City Utility (51000) Funds. • The right-of-way costs are estimated at $620,000 to be paid for using Municipal State Aid funds. D. LEGAL • Pursuant to Section 8.05 of the City Charter, notice of the public hearing will be published twice in the Sun Current fourteen days prior to the hearing. Publication dates will be March 28, 2013 and April 4, 2013. • The City Attorney will be available to answer questions. E. ENVIRONMENTAL CONSIDERATIONS • The TLWQI Project includes various elements to improve the stormwater quality of Legion and Taft Lakes along with habitat enhancement. IV. ALTERNATIVE RECOMMENDATION(S) • The Council may choose to take no action at this time and direct staff on how to proceed. V. ATTACHMENTS • Proposed Transitory Ordinance VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None anticipated. F 1 TRANSITORY ORDINANCE NO. AN ORDINANCE APPROVING A CAPITAL IMPROVEMENT PROJECT PURSUANT TO RICHFIELD CITY CHARTER SECTION 8.04 THE CITY OF RICHFIELD DOES ORDAIN: Section 1. Background; findings. 1.01. Section 8.04 of the Richfield City Charter requires that any capital improvement on City-owned property that has an estimated cost exceeding $500,000.00 or expenditures for design or engineering costs exceeding $75,000.00 must be approved by ordinance after a public hearing. 1.02. It is proposed that the City Council approve a capital improvement project on City owned property located near Taft Lake-Richfield Parkway. 1.03. The capital improvement project consists of reconstruction of Richfield Parkway to include the connection of Richfield Parkway to Bloomington Avenue and storm water improvements of Taft Lake (the"Project"). 1.04. The estimated construction cost of the capital improvement, excluding design and engineering costs, is$3,000,000. The estimated design and engineering costs are $225,000. 1.05. A public hearing was held on , 2013 after due notice as required by Section 8.05 of the Richfield City Charter. 1.06. The Council finds and determines that it is in the best interests of the City and its inhabitants that the Project be approved. Sec. 2. Approval; effective date. 2.01. The Project is approved, and planning, design and construction of the Project may proceed according to the procedures required by law. 2.02. The purpose of this Ordinance is to comply with the requirements of Section 8.04 of the Richfield City Charter. This Ordinance shall not be construed to require that the City proceed with the Project; nor does it vest any rights in the Project to any individual or entity. The City Council reserves the right to abandon the Project or to modify elements of the Project, if the Council deems abandonment or modification to be in the public interest. 2.03. This ordinance is effective 30 days after its publication. Adopted this day of , 2013. Suzanne M. Sandahl, Mayor Pro Tempore ATTEST: Nancy C. Gibbs, City Clerk AGENDA SECTION: CONSENT AGENDA ITEM# 7G REPORT# 55 . STAFF REPORT RICHFIELD CITY COUNCIL MEETING MARCH 12, 2013 REPORT PREPARED BY: MELISSA POEHLMAN, CITY PLANNER NAME,TITLE DEPARTMENT DIRECTOR El Ai REVIEW: er REVIEWED BY CITY ` / MANAGER: t /��r / , , - ITEM FOR COUNCIL CONSIDERATION: First reading of an ordinance amending the dimensional requirements for commercial parking stalls and drive aisles. I. RECOMMENDED ACTION: By Motion: Approve first reading of the attached ordinance amending Subsection 544.13, Subdivision 3 of the City Code related to parking lot design requirements. II. BACKGROUND City staff continually monitors and notes areas of the Zoning Code that may require review. Public Works staff has identified deficiencies in the City's parking lot design standards and has proposed the following changes to improve safety and maneuverability. In one case, a parking lot built according to the permitted dimensions would be physically impossible to maneuver within (13-foot drive aisle for 90 degree parking stalls). The proposed changes are based on a review of local and national standards. 031213 - 1st Reading Ord Amend Parking Dimensions Subd.3. Parking lot design. Parking lots should be designed and constructed in conformance with the following standards and the accompanying Figure 18. Exceptions to these standards must be approved by the City Engineer. Angle ; Stall Stall Curb Stall I Aisle Width Width Length Length* Depth ' (one-way/ two-way) 90 degrees l 9' 1-9' 9' 19' I 4424'.............. ....60 degrees........................_9'......_........._!....................a!' 10.4' 21' 18'/18'22' 45 degrees ' 9' . 9' 12.7' 19.8' 13.4' /22' ...j 8.5' 23' I 23' 8.5' 137242—22 .; Parallel..........................:......................................._._,.........................................................;.................... ....... ............... ..........._.................................. Compact 8' 46 8' 16' 43424' (90 ..._deg rees)....................1.............................................................................................................................................................._.............................................._...................................._.......................................� *An additional 18 inches shall be required when a stall abuts a landscape area. Figure 18 90'Parking Angled Parking Parallel Parking i l'— Stall ..— Aisle Stall Aisle Deem "—Depth—'"t with Stall Depth \ Curb Length Stall Width Curb Length Stall t Length I Sine- Width \ Angle III. BASIS OF RECOMMENDATION A. POLICY • Zoning Code regulations are intended to promote and protect public health, safety and welfare. • Ongoing review and periodic updating of the Code is necessary to ensure that regulations are serving their intended purposes. B. CRITICAL TIMING ISSUES • The proposed changes are based on a review of local and national standards. C. FINANCIAL • N/A D. LEGAL • A public hearing was held before the Planning Commission on February 25, 2013. • Notice of the public hearing was published in the Sun Current in accordance with State and Local requirements. • The Planning Commission recommended approval of the proposed amendment (6-0). • A second reading is scheduled for March 26, 2013. E. ENVIRONMENTAL CONSIDERATIONS • N/A IV. ALTERNATIVE RECOMMENDATIONS) • Approve a first reading with additional changes. • Deny approval of a first reading. V. ATTACHMENTS • Ordinance VI. PRINCIPAL PARTIES EXPECTED AT MEETING • N/A `1 Gi - 1 BILL NO. AMENDMENT TO RICHFIELD CITY CODE SUBSECTION 544.13, SUBDIVISION 3RELATED TO PARKING LOT DESIGN THE CITY OF RICHFIELD DOES ORDAIN: Section 1 Subsection 544.13, Subdivision 3 of the Richfield City Code is amended to read as follows: Subd. 3. Parking lot design. Parking lots should be designed and constructed in conformance with the following standards and the accompanying Figure 18. Exceptions to these standards must be approved by the City Engineer. Angle I Stall I Stall I Curb I Stall ' Aisle Width Width I Length I Length* I Depth 1 (one-way/ two-way) 90 degrees...... 9................................._ ......... ....................9 ....................................19' .... 1 1-3-1/24' 60 degrees 1 g' 10.4' ; 21 18718'2Z _45 degrees......................9' 4$ 1 12.7' 1 19.8'.... .. ._134'/22'. Parallel 1 8.5' 23' 1 23' 8.5' 13'/24'22' Compact 1 8' 1 46' 1 8' 1 16' 1 46/24' (90 degrees) *An additional 18 inches shall be required when a stall abuts a landscape area. Figure 18 90.Parking Angled Parking Parallel Parking Stall _ Aisle \th Wary, Stall Aisle I �DePth Width—'j Stall s Depth + \ \ Curb \ \\ f Length Stall Width j^ Curb length Stall f Length Stale i Width Angle —or Parking 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 26th day of March, 2013. Suzanne M. Sandahl, Mayor Pro Tempore • ATTEST: Nancy Gibbs, City Clerk AGENDA SECTION: CONSENT AGENDA ITEM# 7H REPORT# 56 =Ad STAFF REPORT RICHFIELD CITY COUNCIL MEETING MARCH 12, 2013 REPORT PREPARED BY: MELISSA POEHLMAN, CITY PLANNER A NAME,TITLE DEPARTMENT DIRECTOR �, REVIEW: '' / r'L . �I REVIEWED BY CITY MANAGER: f / . 4/ ITEM FOR COUNCIL CONSIDERATION: Consider a site plan amendment that would allow a proposed adult day care to raise capacity from 5 to 29 clients. _ I. RECOMMENDED ACTION: By Motion: Approve the attached resolution granting site plan approval for a day care serving up to 29 persons at 6630 Penn Avenue. II. BACKGROUND The owner of 6630 Penn Avenue has applied for an amendment to a site plan that was approved by the City Council in December. The previous approval allowed the existing art gallery/gift shop to remain, and for the existing acupuncture clinic space to be converted into an adult day care establishment. The applicant has reconsidered his proposal based on a reexamination of the Fire Code, and now proposes to convert the art gallery/gift shop into day care space as well. This proposal asks for permission to serve up to 29 persons. The proposed day care is required to be licensed by the State Department of Human Services. 031213 6630 Penn ASP III. BASIS OF RECOMMENDATION A. POLICY • A change in the use of a building requires site plan approval. • Day care uses require 1 parking space per 5 enrolled persons. The proposed center will serve a maximum of 29 persons and thereby requires 6 parking stalls. The proposed site plan includes 2 on-street stalls and 5 stalls behind the building. • The City received a comment from an adjacent property owner who was concerned about parking availability (attached). • Parking in the rear must be striped in accordance with the proposed plan. • The site plan approved in December 2012 included a requirement for the addition of plants along Penn Avenue. This requirement will remain in effect so as to meet the intent of the Penn Avenue Design Guidelines. • The existing building is legally nonconforming and no external changes are proposed. There is an opportunity to add a limited amount of pervious surface behind the building; however, staff does not believe that there would be any tangible benefit to doing so. • In evaluating a site plan, the Planning Commission and Council shall consider compliance with the seven criteria outlines in Subsection 547.13 of the City Code and further articulated in the attached document. B. CRITICAL TIMING ISSUES • 60-DAY RULE: The 60-day clock `started' when this application was deemed complete on February 12, 2013. A decision is required by April 13, 2013 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 paid. D. LEGAL • A public hearing to consider the proposed request was held before the Planning Commission on February 25, 2013. • Notice of the public hearing was sent to properties within 350 feet in accordance with State and Local requirements. • The Planning Commission recommended approval of the proposal (6- 0). E. ENVIRONMENTAL CONSIDERATIONS • N/A IV. ALTERNATIVE RECOMMENDATION(S) • Deny the request with findings that the proposal does not meet Code requirements. V. ATTACHMENTS • Resolution • Site Plan approval requirements • Proposed plans • Adjacent property owner comment (Southtown Plumbing email) • Planning & zoning maps • Photos VI. PRINCIPAL PARTIES EXPECTED AT MEETING • Mr. Huan Gao, owner/applicant 11H-I RESOLUTION NO. RESOLUTION GRANTING APPROVAL OF A SITE PLAN TO ALLOW A COMMERCIAL DAY CARE FACILITY AT 6630 PENN AVENUE WHEREAS, an application has been filed with the City of Richfield which requests approval of site plan to allow a commercial day care facility serving up to 29 persons for the parcel of land located at 6630 Penn Avenue, legally described as: Lot 9, Block 1, Tingdale Brothers Lincoln Hills Addition, except Highway, Hennepin County, Minnesota WHEREAS, the requested site plan has been reviewed by the City Council and meets City requirements; and WHEREAS, the proposed site plan will adequately serve the purpose for which it is proposed and will not have an adverse effect upon the public safety or general welfare; and WHEREAS, the City has fully considered the request for approval for the site plan. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Richfield, Minnesota, as follows: 1. Required planters in front of the building must be continuously maintained and include live plant materials during the spring, summer and fall and decor over the winter; 2. All trash must be stored inside the building or in an approved enclosure. Trash plans must be approved by staff prior to the issuance of a certificate of occupancy; 3. Parking must be striped in accordance with the approved plan; 4. The applicant is responsible for obtaining all required permits, compliance with all requirements detailed in the City's Administrative Review Committee Report and compliance with all other City and State regulations. Permits are required prior to the commencement of any work; 5. This approval shall expire one year following the date of approval unless the use has commenced or a building permit has been obtained and construction begun. Adopted by the City Council of the City of Richfield, Minnesota this 12th day of March 2013. Suzanne M. Sandahl, Mayor Pro Tempore ATTEST: Nancy Gibbs, City Clerk Site Plan Approval Requirements Subsection 547.13 a) Consistency with the various elements and objectives of the City's long range plans, including, but not limited to, the Comprehensive Plan; In the Penn Avenue Corridor, the Mixed Use District is intended to be a vibrant, pedestrian-oriented neighborhood center. The District can accommodate a variety of uses. The proposal is in keeping with these intentions. b) Consistency with the purposes of the Zoning Code; The proposal is in keeping with the purpose of the Zoning Code and the Mixed Use - Community District. This District is intended to provide locations for a variety of shops and services that serve the surrounding community. The proposal is in keeping with these intentions. c) Preservation of the site in its natural state, insofar as practicable, by minimizing tree and soil removal, and designing any grade changes so as to be in keeping with the general appearance of neighboring developed or developing areas; N/A d) Creation of a harmonious relationship of buildings and open spaces with the terrain and with existing and future buildings having a visual relationship to the proposed development; N/A e) Creation of a functional and harmonious design for structures and site features including: i. Creation of an internal sense of order for the various functions and buildings on the site and provision of a desirable environment for occupants, visitors and the general community; ii. Appropriateness of the amount and arrangement of open space and landscaping to the design and function of the development; iii. Appropriateness of the materials, textures, colors and details of construction as an expression of the design concept of the project and the compatibility of the same with the adjacent and neighboring structures and functions; and iv. Adequacy of vehicular, cycling and pedestrian circulation, including walkways, interior drives and parking, in terms of location and number of access points to the public streets, width of interior drives and access points, general interior circulation, separation of pedestrian, cycling and vehicular traffic and arrangement and amount of parking so as to be safe, convenient and, insofar as practicable, compatible with the design of proposed buildings, structures and neighboring properties. The striping of parking spaces behind the building will improve circulation along the alley and the addition of planters along Penn Avenue will improve curb appeal of the building. There is limited opportunity to improve the site further given the placement and size of the building. 0 Creation of an energy-conserving design through design location, orientation and elevation of structures, the use and location of glass in structures, and the use of landscape materials and site grading; N/A g) Protection of adjacent and neighboring properties through reasonable provisions for such matters as surface water drainage, sound and sight buffers, preservation of views, light and air, and those aspects of design, not adequately covered by other regulations, which may have substantial effects on neighboring land uses; No changes to surface water drainage, sound and/or sight impacts, views, etc. are anticipated. 7H-14 Existing Signag Sidewalk 1 J'9p Una •1 L • • - - - - ---_ - -- - - • ■_ - - • • • • • I Ea ri — bk 10'-0" 41/4 ti • 70'0" ' Existing Building—6630 .S N •� 4$ � g g �, (12) '""'� o y H � I is � � % • v) rn t4 "' "' sung Awm s ,r7 . d en F••1 • •• 0 =— s limil C Planters 4 ty 1 W Live plants and cold weather decor A 1•or (0) ® `V t1 ii. Existing Building— 6632 C ! /121-9 '� ".„:1 ' •as Proposed Adult Day Care Center• (i1 I Electric Meter Water •'i Meter j I • 0 SOMME • PrWertg Eire • 7T9' / 11'-5/16" Existing Awning / 11' SITE PLAN / SJ 1 in = 12 ft Melissa Poehiman ubject: FW:6630-6632 Penn Ave. So. Planning Commission Meeting tonight From: Southtown Plumbing [mailto:stplumbing @mcleodusa.net] Sent: Monday, February 25, 2013 3:55 PM To: Melissa Poehiman Subject: 6630-6632 Penn Ave. So. Planning Commission Meeting tonight Melissa, We think zoning as is, allowing 5 adults is fine. Allowing more than 5 adults would create a parking problem larger than we already have. This area has limited off and on street parking. We as landlords do not rent to any Hi-Volume businesses because of limited parking. We are the owners of 6626-28 Penn Ave. So., 6634-46 Penn Ave. So. and 6621- 37 Penn Ave. So. and strongly appose allowing more than 5 adults. Sincerely, Francis Veit and LaVern Veit 1 -/H- (9 6630 Penn Avenue SP 2/13 Surrounding Comprehensive Plan Designations 66TH STREET WEST CCO MIXED ED MIXED MIXED \ / MIXED LDR MHD MIXED MIXED LDR LDR - MIXED LDR' MHD LDR LDR MIXED MIXED MIXED LDFZ MHD MIXED LDR W LDR MIXED Q Z MIXED W 0. MIXED LDR MHD MIXED LDR 67TH STREET WEST L LDR LDR MIXED LDR MHD LDR LDR IVIITCU MHD COMPREHENSIVE PLAN N Mixed - Mixed Use CCO-Community Commercial/Office 7R- Low Density Residential AHD-Medium-High Density Residential ` 0 40 80 160 240 320 Feet 1:\GIS\Community Development\Staff\City Planner\Projects\Zoning Cases\6630 Penn Ave-CP.mxd 6630 Penn Avenue - SP 2/13 Surrounding Zoning 66TH STREET WEST C-2 MU-C/PAC /PAC C-2 MU-C/PAC MU-C/PAC R MR-2 MU-C/PAC MU-C/PAC R M R - MU-C/PAC R MR-2 R R MU-C/PAC MU-C/PAC MU-C/PAC R ( MU-C/PAC R MR-2 R MU-C/PAC Q Z Z MU-C/PAC MR-2 MU-C/PAC MU-C/PAC R 67TH STREET WEST \ R MU-C/PAC R-1 R R-1 R - R-1 MU-V/rp , MR-2 ZONING DISTRICT - N MU-C/PAC -Mixed Use Community w/Penn Ave Overlay C-2 -General Commercial MR-2 -Multi-Family Residential � R-Single-Family Residential R-1 -Low Density Single-Family Residential 0 40 80 160 240 320 Feet I:\GIS\Community Development\Staff\City Planner\Projects\Zoning Cases 16630 Penn Ave-Z.mxc 6630 Penn Ave — Site Plan Amendment, 1)aycare. 12 February 2013 s. ,,•f -, ...,,..‹ ... .... , ..,. _.______ ,,, .... ___, . ...___ _,... . _ __. ..,..., _.„..._ . , _ ,, -. , I • I ACUPUrkilli t , i'1 j 4,,..,1,:•., f TA Ne 1 i I ' 1 , i • . 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L looll•—.._ ‘ ' - ' • 14 ' g NM SS 140 - , ilik 1 , ......, oil. sr .,34•3.,k 3. 3:- ONtovn, L al .3-,•34043gral-3.3- * r ---- NOON 4alrmirrtedif-3-3-•t .. _ , • ,:. IMI JP -tvlif4VariEMI'Lq`0,: -- . - .,..- 0 01111111,.-,4pi,04 44t0,- 4 gum:4 ..'7'. ,,,,....^ .4 .•••-.- -.•.-- ' • , 1101110 ''L,,e: e.....".-- ^ ."''''''' ;.1,•r•• •*.,t-- VS ' 01 * . 0 -,,,,,••••,-- - ,'...--.._., -t,-., 4167.10,0use ,.. ...„ r„ - ...-Fs- -.- ...c --- - ..„.„1.-,,,,;.- ,, . k' So k-'1ASINNOttimeltt N • ''s -, • .-- ''' ''''''''''''' A ' -."'V'''' ' ,■.e■.:1'■ Olt V. . r• ,...10 r ' ,,,,-,, nt''''')re. • - ' ' ..04....- ..L, "'? 0 AGENDA SECTION: CONSENT AGENDA ITEM# 7I REPORT# 57 mirligli STAFF REPORT RICHFIELD CITY COUNCIL MEETING MARCH 12, 2013 REPORT PREPARED BY: MATT BRIL,LHART, PLANNING TECHNICIAN NAME,TITLE DEPARTMENT DIRECTOR REVIEW: i AM114:�_ REVIEWED BY CITY / `� MANAGER: . i ITEM FOR COUNCIL CONSIDERATION: Consider a request for a three-year Interim Use Permit to allow the continued use of 6529 Penn Avenue (CarHop) for used car sales. I. RECOMMENDED ACTION: By Motion: Approve the attached resolution granting approval of a three-year Interim Use Permit for used car sales at 6529 Penn Avenue. II. BACKGROUND The property at 6529 Penn Avenue was first approved for use as a used car sales lot in 1990. The use was not consistent with the Comprehensive Plan, and remains at odds with the current Comprehensive Plan. This use has always been considered temporarily acceptable while waiting for the Penn Avenue Corridor to redevelop. The existing permit for this use expires June 8, 2013 and the applicant is applying for a new five-year Interim Use Permit (IUP). In 2007 the City Council adopted a revised Zoning Ordinance that made used automobile sales permissible only as an integral part of a new automobile sales business (Section 534.07, Subd. 7e). The business at 6529 Penn Avenue has been operating as a legally nonconforming use since the adoption of the new Ordinance. III. BASIS OF RECOMMENDATION A. POLICY 031213 6529 Penn IUP.doc • The purpose of an IUP is to allow a use that may not be compatible with the Comprehensive Plan to operate for a limited period of time. IUPs are intended to mitigate the problem that arises when the City designates an area for redevelopment or revitalization, but the market has yet to react to those changes. • In evaluating a request for an IUP, the City Council shall also consider its compliance with the criteria outlined in Subsection 547.15 of the City Code, further articulated in the attached document. • The Council may waive ordinance provisions upon finding that the temporary nature of the interim use will eliminate the adverse effects the provisions were intended to prevent. The Council must find that the temporary nature of this permit makes the nonconforming use permissible at this time. • A result of the Penn Avenue Corridor Study was to change the zoning designation of this property from Industrial to Mixed Use — Community, with the Penn Avenue Corridor overlay. Mixed Use districts prohibit used auto sales unless they are an integral part of a new car dealership. The Penn Avenue Corridor overlay also prohibits auto mechanical and/or body repair shops and auto detailing establishments. These types of businesses remain in the Corridor as legally non-conforming uses. Staff believes that given current market conditions and the existence of similar auto-related businesses in the area, an IUP for continued use of the property for used auto sales is warranted, provided that the property continue to comply with the stipulations of the existing IUP. • Staff recommends a three-year IUP so that the compatibility of this use with the Corridor can be re-evaluated in 2016. • By Ordinance, IUPs terminate upon the occurrence of any of the following events, whichever first occurs: o The date stated in the permit; or o Upon violation of conditions under which the permit was issued. • In addition to termination at the end date of the permit or upon violation of the conditions under which the permit is issued, staff recommends that the permit terminate upon closure or sale of the current business (CarHop), or upon the sale of the property by the current owner (Penn Avenue Partners II, LLC), whichever occurs first. • The Planning Commission voted (6-0) on February 25, 2013 to recommend approval of a three-year IUP, with the additional stipulation that the property owner meet with staff on an annual basis to discuss other potential uses of the property. B. CRITICAL TIMING ISSUES • 60-DAY RULE: The 60-day clock started when this application was deemed complete on January 29, 2013. A decision is required by March 30, 2013 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. • The existing IUP expires on June 8, 2013. C. FINANCIAL • The required application processing fee has been paid. D. LEGAL • A public hearing was held before the Planning Commission on February 25, 2013. Notice of the public hearing was published in the Sun Current Newspaper and mailed to properties within 350 feet of the proposal. E. ENVIRONMENTAL CONSIDERATIONS • N/A IV. ALTERNATIVE RECOMMENDATION(S) • Recommend approval of an IUP with additional conditions • Recommend approval of an IUP for a different length of time (up to five years maximum). • Recommend denial with a finding that the requirements necessary to issue an [UP are not met. V. ATTACHMENTS • Resolution • Interim Use Permit Requirements • Existing site plan and landscape plan • Consent Agreement • Planning & Zoning maps • Photos VI. PRINCIPAL PARTIES EXPECTED AT MEETING • CarHop Representative — Dave Grimm RESOLUTION NO. RESOLUTION APPROVING AN INTERIM USE PERMIT TO ALLOW USED AUTO SALES BY INTERSTATE AUTO GROUP DBA CARHOP AT 6529 PENN AVENUE WHEREAS, the City of Richfield (the City) adopted a Comprehensive Plan in 2009 to guide the development of the community; and WHEREAS, the City has adopted a Zoning Ordinance or other official controls to assist in implementing the Comprehensive Plan; and WHEREAS, an application has been filed with the City of Richfield which requests an interim use permit to allow Interstate Auto Group dba CarHop (the "Applicant") to conduct used automobile sales at 6529 Penn Avenue; and WHEREAS, the Property is zoned Mixed Use — Community (MU-C) and within the Penn Avenue Corridor Overlay District (PAC); and WHEREAS, the requested interim use of the property is not permitted in the MU-C District; and WHEREAS, the City Council finds that the temporary nature of the proposed interim use eliminates the adverse effects the prohibition was intended to prevent. Compliance with performance and landscape standards, Penn Avenue Design Guidelines and termination of the permit in three years time eliminates the detriment that a used auto sales business will have on the creation of a pedestrian-friendly corridor; and WHEREAS, the Planning Commission held a public hearing on February 25, 2013 to review the application for an Interim Use Permit, following mailed and published notice as required by law; and WHEREAS, the City Council has reviewed all materials submitted by the Applicant; considered the oral and written testimony offered by the applicant and all interested parties; and has now concluded that the application is in compliance with all applicable standards and can be considered for approval. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Richfield, Minnesota, as follows: 1. The proposed Interim Use Permit request meets all applicable conditions and restrictions stated in Subsection 547.15 of the 2007 Zoning Ordinance except as follows: a. The proposed interim use is not a permitted use within the Penn Avenue Corridor Overlay District. In accordance with Subsection 547.15 Subd. 3e the City Council finds that the temporary nature of the interim use eliminates the detriment that a used auto sales business will have on the pedestrian- friendly vision of the Corridor given that pedestrian upgrades have yet to occur elsewhere in the area. b. In accordance with Subsection 547.15, Subd. 3e the City Council finds that the purpose of the Interim Use Permit in this instance is to allow productive use of a property that is not yet "ripe" for redevelopment given current market conditions. The temporary nature of the interim use will ensure that the nonconforming use not be allowed to continue so long as to become a detriment to the implementation of the Comprehensive Plan. 2. An Interim Use Permit for used auto sales by Interstate Auto Group dba CarHop at 6529 Penn Avenue, as described in City Council Staff Report No. is approved with the following conditions: a. The Interim Use Permit will expire three (3) years from its effective date (June 8, 2013), or upon termination or sale of the current business (Interstate Auto Group dba CarHop), or upon the sale of the subject property by the current owner (Penn Avenue Partners II LLC), or upon violation of the conditions under which the permit was issued, whichever occurs first. b. That the property owner (Penn Avenue Partners II LLC) meet with City staff on an annual basis to discuss future potential uses of the property. c. That a 22-foot minimum drive aisle be maintained in the parking area. d. That a maximum of 32 vehicles be on site, including inventory, customer and employee parking. e. That no vehicles be parked or stored on grass buffer areas. f. That landscaping be installed and maintained in accordance with the existing landscape plan dated April 2010, by May 1, 2013. g. That all trash containers be kept inside the building and not stored in the parking lot. h. The Interim Use Permit shall be reviewed periodically by the City to ensure compliance with the conditions set forth in this resolution. Adopted by the City Council of the City of Richfield, Minnesota this 12th day of March, 2013. Suzanne M. Sandahl, Mayor Pro Tempore ATTEST: Nancy Gibbs, City Clerk -7S -3 Interim Use Permit Requirements Subsection 547.15 Subd. 3. a) The period of time for which the interim use permit is to be granted will terminate before any adverse impacts are felt upon adjacent properties. Staff recommends that the permit expire in three years. At that time, if conditions continue to warrant, the Council may issue a new Interim Use Permit to the applicant. b) The use will terminate upon a date or event that can be identified with certainty. Interim use permits may not be granted for a period greater than five (5) years. Staff recommends termination on June 8, 2016. (The current IUP expires June 8, 2013) c) The use will not adversely impact the health, safety and welfare of the community during the period of the interim use. It is not anticipated that used auto sales will adversely impact the community or this area within the next three years. d) The use is similar to existing uses in the area. Used auto sales and other auto-oriented businesses are no longer permitted within this area; however see below. e) An interim use shall conform to zoning regulations except the City Council may waive ordinance provisions upon a finding that the temporary nature of the interim use will eliminate the adverse effects the provisions were intended to prevent. The rezoning and preparation of design guidelines for the Penn Avenue Corridor is intended to create a cohesive, inviting and pedestrian-friendly environment. Auto-oriented businesses were not found to be consistent with this vision and most are not permitted under the Penn Avenue Corridor Overlay. However, market conditions at this time do not make it imperative that nonconforming uses be ushered out. As the pedestrian improvements in particular have yet to occur along the Corridor, the continuation of an auto-related business for a limited period of time is not detrimental to the Penn Avenue Corridor vision. The proposed interim use of this property will allow the property to be used productively for the short-term and avoid a potentially vacant storefront. Expiration of the interim use permit in three years will assure that this use, which is not compatible with the overall revitalization plan for the area, will not impede future efforts to that end. Further, the property will be required to meet landscaping, performance standard and Design Guideline requirements to partially mitigate and screen the impact of this auto-oriented use. The landscape plan includes planting and maintaining window flower boxes during the growing season. f) There is adequate assurance that the property will be left in suitable condition after the use is terminated. N/A. g) By agreement, the use will not impose additional costs on the public if it is necessary for the public to take the property in the future. The property owner has signed a consent agreement agreeing to this condition. h) The property owner, by agreement, agrees to any conditions that the City Council has deemed appropriate for permission of the use, including a condition that the owner will provide an appropriate financial surety to cover the cost of removing the interim use and interim structures upon the expiration of the interim use permit. The applicant must continue to comply with all conditions of the existing interim use permit. i) The property owner agrees to abide by any additional conditions that the Council deems appropriate for permission of the use. The Planning Commission voted (6-0) to recommend approval of the Interim Use Permit, with the additional requirement that the property owner meet with City staff annually to discuss other potential uses of the property. PARKING PLAN EXISTING 32 STALLS REBAR Jr r, i'I("tiITGs?vs" `d LI. N89°30'50'W 41.501 ' \- i 124.42 - 1 CON:. RE-AIING I WALL ` I CCN . CURB 1 T I ) ( 1 I „∎/,,,//, 1 to I / // / /�r / , 42 - i � -,)(}1.J i �ii/iii// // I I // , -I ° 1 9 STALLS 1--t-I-4: 1; I IF6 : c6 I BIIUNNOLS I ' ec a 6 PARKING 33 - s` Ii `I LOT / / 't , J i ; 7 STALLS 1—40 I /-'771 NE �2. X ! z 41 II .. .,„/ 1 i( ,,-,y I ' oI2 U , , ,, u i II-, -.1 Z 1. III //�/)' At2L) GAIL ////� �(-.4.k - `r�; II . r�1i11. -1 _ -r'�' ._...i.. _ ° __,L.__.--1___.\ I;i ' II•T Cl II. ,, It -_ I• "° •� ux =�•1 �I 59.3 Co :ct t` tt: - II.I F- - EXISTING BUILDING c+rrE c� c a ,/ , kIcN •° ' I EXTERIOR=l,512 SOFT. c-) to' S ° l ` FIRST FLOOR N .°' -..:4., c y t--ELEVATION=850.46 1 I V: .:..-... - 48 -1.- 5,.4 ° 5) ! Z t iii�/ )>r/ ., I, ,// Y/i //) x O 21w- 12 / T ///� Y,,i i,,I z a , - 7 STALLS QP - I Z c ,. :317Li> InOU% I PIr,F c3 W PAkxINC f t - I a , I.OT I;I t - 0 9 STALLS 20.9 3-3 _t >n I 7-7-17/1 I ry-/-w7 UILUY ' 1 ( ///',/,/ PCLh x i”y, ,N A c �A I i.IGN1 Q." / BITUitN0115 [,//f/ =�,e� OUND SPIKE __ - 1 I ONC CURB 1 ,°`li//,/, I CONCRETE -: II -r LI ' II . f ° ' ° III II „ • I i t I 6529 PENN AVENUE SOUTH PROPOSED LANDSCAPE PLAN APRIL 2010 I 1 • iZ i . (s, . 1 . - ,-' (\:, _._.--) 1 i -Z.i " N i • -/3y-T• ,, • r fb VI TNI #42 Nartt -1.0t.- E'S LINO SMAS C,11� A446l let 6..AN o sub' . ARE } bot oNO PlE ,5tw* ID',StilISt. 'Jo 1.1,lica _� BLAC,t � ` P RVc.E •4 . D1d1 w., OKsw TKIE.S AN" $nt.oir4 ? .3ApAN�5E. uPRA GHT 0 c -II .• -TR , L.),A BE. 3;140, cw.k.,at<t. P E R 1 -P vE '1UC0?•0 _VA R■ou, =beR �Q ia.,LACor2.t.P. 3or4%}.)e7.5 d �•. • H 4 1 i • \ o p, S I ) 0 _ 60,5 • 1"T•'1 • D /K1V6 ROCe OE- try' • 27• . • $w1at, (tk({v6 *- I 4 i-inteS V--643t) AP0 ScHR.+BS"ro Rea--0- U � e , Iri 11 Rom tAND L ARE O� J I ' 1 '.1:....;147;.*:-1 .. 1 '''-----4) --— 4011 Z ....1 ir L. ......... _ z 9 - _ 3 z - _ --- _." 4 1 20' -/7b - PENN AVENUE CONSENT AGREEMENT WHEREAS, on November 13, 2007 the City Council of the City of Richfield adopted Ordinance No. 2007-19, which establishes a framework for regulating temporary use of land through the issuance of interim use permits; and WHEREAS, Section 547.15 Subdivison 2 of this Ordinance requires an applicant for an interim use permit to sign a Consent Agreement wherein the applicant acknowledges and agrees that the proposed interim use will not impose additional costs on the public if there is a future need for public acquisition of the applicant's property through eminent domain, that the applicant has no entitlement to future reapproval of the interim use permit and that the applicant will abide by the conditions of approval that the City Council attaches to the interim use permit; NOW, THEREFORE, Penn Avenue Partner II LLC , as applicant for an interim use permit for used car sales at 6529 Penn Ave S. Richfield, MN (use of property) (location) agree as follows: 1. If this application is approved by the Richfield City Council and an interim use permit is issued, the interim use of the property will not impose additional costs on the City or any other public entity if it is necessary to acquire the property or a portion thereof by eminent domain after issuance of the interim use permit. 2. The applicant acknowledges that the proposed use is temporary and terminates upon expiration of the interim use permit. The applicant has no legal or equitable right to future reapproval of the interim use permit and must file a new application for that purpose. 3. The applicant will comply with all conditions imposed by the City Council on the interim use permit. 4. This Consent Agreement shall be binding on any owner,operator,tenant and/or user of the property for which the interim use permit has been granted and the applicant is authorized to sign this Consent Agreement on behalf of said owner, operator, tenant and/or user of the property. PENN C/ tiUQ (,LC, DATED: ij 113 1L6LLr- Applicant (A pp licant must be the Property Owner) ay _ Komi_ iL CaL1s v1 STATE OF MINNESOTA ) Vitt •tavtar ) SS COUNTY OF HENNEPIN ) 4- The foregoing instrument was acknowledged before me this t 5 day of G41t t , 2013 by V((>\ & Q. Ccf AN^ , the Vi U hd OWt of k : i.. , ' ALL ALL,, a Mittmesota thevk 1�1 ti�lvl� j tomettA,nv , on behalf of said company. 1 ttV01 -1 CHRISTINA R MCDANIELS Notary Public Notary Public i»'�"-:. State of Minnesota •_{ My Commission Expires • - January 31, 2017 -g 6529 Penn - IUP 2/2013 Surrounding Zoning 65TH STREET MU-C/PAC R -C/PAC MU-C/PAC MU-C/PAC MU-C/PAC R R MU-C/PAC R R R MU-C/PAC MU-C/PAC W Q R R Q � Z MU-C/PAC W MU-C/PAC W R R a J 0 MU-C/PAC R R MU-C/PAC R MU-C/PAC C-1 34)" MU-C/PAC MU-C/PACMU-C/P C 66TH STREET \ C-2 MU-C/PAC MU-C/PAC C-2 R MU-C/PAC PAC MU-C/PAC MU-C/PAS 1...■••■ Feet 0 50 100 200 300 400 500 MU-C -Mixed-Use Community N PAC- Penn Avenue Corridor Overlay C-1 - Neighborhood Business C-2 -General Commercial R-Single Family Residential Path: I:\GIS\Community Development\Staff\Planning Tech\Projects\6529 Penn Z.mxd 71-9 6529 Penn - IUP 2/2013 Surrounding Comprehensive Plan 65TH STREET MIXED MDR IXED MIXED MIXED MIXED MDR — - LDR MIXED MDR MDR LDR MIXED MIXED Q MDR DR MIXED MIXED w MDR _DR a J O MIXED N. MDR 1DR MIXED NC 35�{� MIXED M XED MIXED MIXED NC NC 66TH STREET \ / MIXED •R MIXED MIXED MIXED LDR MIXED ED MIXED MIXED 1 Feet 0 50 100 200 300 400 500 MIXED-Mixed Use N LDR- Low Density Residential MDR-Medium Density Residential NC-Neighborhood Commercial Path: I:IGISICommunity Development\Staff\Planning Tech\Projects16529 Penn CP.mxd -- / 1c> 6529 Penn Ave — CarHop IUP Renewal. 12 February 2013 far • Ai , ,.„ 4.0,1,,,„„„,. ., . _..... 1 .: ': WE FINANCE!• com i ecarhop. • 14 ': ;.: . .. . . 'is*. ' .. 187 —1: C Y c - ." c..- 4. s :fir, I • 1 a Hi , ..-,,- . 4 , _ .2,-.....-.■. 4 t:, f .cx•.r• am' =- __ 'A _ smr_ :..i.._ .f,.. - _:1 • . .1111111roila:Animi.4ividliki, • •-•,.. ! I" . iik AGENDA SECTION: PUB.HEARING AGENDA ITEM# 9 REPORT# 58 STAFF REPORT RICHFIELD CITY COUNCIL MEETING MARCH 12, 2013 REPORT PREPARED BY: CHRIS REGIS,FINANCE MANAGER NAME,TITLE DEPARTMENT DIRECTOR REVIEW: �►a SIGNATURE REVIEWED BY CITY MANAGER: ITEM FOR COUNCIL CONSIDERATION: Public hearing and second reading of transitory ordinance providing funding for certain capital improvements from the Special Revenue Fund. I. RECOMMENDED ACTION: Conduct and close the public hearing and by motion: Approve second reading of the transitory ordinance providing for the expenditure of funds from the Special Revenue Fund for certain capital improvements. II. BACKGROUND • At the December 11, 2012 City Council meeting, the City Council authorized $450,000 of Special Revenue Funds for improvements to several City capital improvements in 2013. • At the February 12, 2013 City Council meeting the City Council approved the first reading providing for the expenditure of funds from the Special Revenue Fund for certain capital improvements. The planned expenditures are as follows: • $103,800 for Outdoor Pool Renovation Loan Repayment • $50,000 for Major Park Maintenance Projects • $92,600 Lincoln Field Internal Loan Repayment • $30,000 Taft Lake Fishery • $65,000 Ice Arena Rink 1 Bleachers & Railings • $54,000 Ice Arena Skate Tile • $24,600 Outdoor Pool Painting • $20,000 Pool Floatable • $10,000 Community Garden Relocation 0312 transitory ordinance • In addition, the Type 1 Skate Park project which was initially included in the 2010 Capital Improvement Budget with Special Revenue Funding of$70,000 was completed in 2012. The project received final approval to proceed from the City Council at the April 10, 2012 City Council meeting with an estimated cost of $110,933. Additional funding to cover the increased project cost was to be provided by using unexpended park maintenance special revenue funds. • Due to cost savings realized during construction the final project cost was only $83,938. Despite the savings realized on the construction costs, there remains a funding gap of approximately $13,824. • Within the Park Maintenance Capital Project Fund, which is funded on an annual basis with Special Revenue Funds, there is a residual balance of assets due to cost savings on projects within this fund. Therefore, staff is recommending that$13,824 of these residual assets be redirected by ordinance to fund the gap within the Type 1 Skate Park project. • The 2012 Capital Improvement Budget also provides for expenditures for all types of funds contained in the budget including municipal state aid, user fees, federal grants and state grants. • Authorization by ordinance is not required for expenditures other than Special Revenues. III. BASIS OF RECOMMENDATION A. POLICY • City Charter Section 7.12, Subd. 2 requires that Special Revenue Funds used for capital improvements must be authorized by ordinance. • This process provides for public input through a public hearing. B. CRITICAL TIMING ISSUES • Under Section 3.09 of the City Charter, a transitory ordinance becomes effective 30 days after publication of the second hearing notice. • The ordinance requirements must be completed early enough in 2013 so that the capital projects can be initiated on a timely basis, completed and the funds expended. C. FINANCIAL • While the total 2013 Capital Improvements Budget (CIB) includes total budgeted expenditures of$6,510,750 the portion of CIB concerning proposed funding from the Special Revenue fund is $ 450,000. Outdoor Pool Renovation Loan Repayment $103,800 Major Park Maintenance Projects 50,000 Lincoln Field Internal Loan Repayment 92,600 Taft Lake Fishery 30,000 Ice Arena Rink 1 Bleachers & Railings 65,000 Ice Arena Skate Tile 54,000 Outdoor Pool Painting 24,600 Pool Floatable 20,000 Community Garden Relocation 10,000 • Unexpended Park Maintenance Project Special Revenue Funds to Type 1 Skate Park: Type1 Skate Park $13,824 • A transitory ordinance is necessary to finalize these appropriations pursuant to City Charter. • The source of Special Revenue funds is municipal liquor profits. D. LEGAL • First reading of the ordinance was approved at the February 12, 2013 City Council meeting and a notice of the public hearing was published on February 28, 2013. A. ENVIRONMENTAL CONSIDERATIONS • N/A IV. ALTERNATIVE RECOMMENDATION(S) • The City Council could postpone the first reading of the transitory ordinance to a future City Council meeting. • The City Council could decide to authorize none or only a portion of the expenditures identified from special revenue in the CIB. V. ATTACHMENTS • An ordinance providing for the expenditure of money from the Special Revenue Fund for certain capital improvements. VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None 9- I BILL NO. TRANSITORY ORDINANCE NO. AN ORDINANCE PROVIDING FOR THE EXPENDITURE OF MONEY FROM THE SPECIAL REVENUE FUND FOR CERTAIN CAPITAL IMPROVEMENTS CITY OF RICHFIELD DOES ORDAIN: Section 1: It is found and determined to be necessary and expedient for the City to expend money from the Special Revenue Fund for the making of capital improvements listed in Section 2 hereof, for which the City would be authorized to issue general obligation bonds. Section 2: The capital improvements and amounts of expenditures for such improvements which are authorized to be paid from the Special Revenue Fund under Section 7.12, Subdivision 2 of the City Charter, are as follows: Outdoor Pool Renovation Loan Repayment $ 103,800 Major Park Maintenance Projects $ 50,000 Lincoln Field Internal Loan Repayment $ 92,600 Taft Lake Fishery $ 30,000 Ice Arena Rink 1 Bleachers & Railings $ 65,000 Ice Arena Skate Tile $ 54,000 Outdoor Pool Painting $ 24,600 Pool Floatable $ 20,000 Community Garden Relocation $ 10,000 Section 3: Unexpended Park Maintenance Special Revenue Funds shall be transferred to the Type 1 Skate project as follows: Type 1 Skate Park $ 13,824 Section 4: The expenditures herein authorized shall be made pursuant to such contracts as are authorized from time to time by Council action. Passed by the City Council of the City of Richfield this 12th day of March, 2013. Suzanne M. Sandahl, Mayor Pro Tempore ATTEST: Nancy Gibbs, City Clerk AGENDA SECTION: ORDINANCES AGENDA ITEM# 10 REPORT# 59 STAFF REPORT RICHFIELD CITY COUNCIL MEETING MARCH 12, 2013 REPORT PREPARED BY: JESSE SWENSON, HR COORDINATOR NAME,TITLE DEPARTMENT DIRECTOR REVIEW: SIGNATU REVIEWED BY CITY Er/ d;eL MANAGER: ITEM FOR COUNCIL CONSIDERATION: Second reading consideration of amendment to the City Administrative Code Chapter III, Subsection 310.07, Subd.5 describing background investigations. I. RECOMMENDED ACTION: By Motion: Approve the second reading of the proposed ordinance amendment to the City Administrative Code Chapter III, Subsection 310.07, Subdivision 5, describing background investigations. II. BACKGROUND Since 2008, law enforcement agencies were permitted to conduct Minnesota criminal history background checks for employment and licensing purposes if an ordinance had been enacted requiring that the background check be conducted. Richfield ordinance includes such language on background checks. In January of 2013, the Minnesota Department of Public Safety - Bureau of Criminal Apprehension (BCA) notified all local law agencies conducting background checks on final applications for City positions to comply with amended regulations, effective January 1, 2015. The amended BCA regulations include provisions that written consent is required and that the hiring authority will keep the results of background checks. The proposed ordinance amendment changes incorporate these new requirements. 0312 — Background Investigations III. BASIS OF RECOMMENDATION A. POLICY • The new ordinance language defines the purpose of conducting background investigations, along with provisions regulating who, on staff, will keep the information on file and what type of consent form should be on file. • The recommended changes ensure City compliance with BCA regulations. B. CRITICAL TIMING ISSUES • Changes to the City's administrative code need to be completed by January 2015 in order to be in compliance with BCA regulations. Ordinances that are not in compliance will be subject to an audit sanction. • A first reading of this ordinance amendment occurred on February 26, 2013. C. FINANCIAL • None. D. LEGAL • The changes in placement from City Code to policy were reviewed by the City Attorney for accuracy and legality. E. ENVIRONMENTAL CONSIDERATIONS • None. IV. ALTERNATIVE RECOMMENDATION(S) • Do not amend the ordinance. • Defer discussion to another date. V. ATTACHMENTS • City Administrative Code change. VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None. 11)— I BILL NO. AN ORDINANCE RELATED TO CRIMINAL HISTORY BACKGROUND CHECKS FOR APPLICANTS FOR CITY EMPLOYMENT, VOLUNTEERS AND INDEPENDENT CONTRACTORS THE CITY OF RICHFIELD DOES ORDAIN: Section 1. Subsection 310.07 of the Richfield City Code is amended as follows: Subd. 5 Background investigations. A final applicant for a city position will be subject to a criminal-history investigation. (a) Purpose. The purpose and intent of this subdivision is to establish regulations that will allow the Richfield Public Safety Department to access Minnesota's Computerized Criminal History information for specified non-criminal purposes of employment background checks for the positions described in paragraph (b). Lb) Positions. The Richfield Public Safety Department is authorized to conduct a criminal history background investigation on applicants who are finalists and selected for interviews for city employment, all volunteers who work in conjunction with children and/or vulnerable adults and independent contractors. (c) Maintenance of Data. In conducting criminal history background investigations under this subdivision, the Public Safety Department is authorized to access data maintained in the state Bureau of Criminal Apprehension (BCA) computerized criminal history information system in accordance with BCA policy. Any data that is accessed and acquired must be maintained within the department under the care and custody of the Public Safety Director, or his or her designee. A summary of the results of the computerized criminal history data maybe released by the Public Safety Department to the hiring authority, including the City Council, City Manager, Assistant City Manager/HR Manager, or other City staff involved in the hiring process. (d) Consent Required. Before the investigation is undertaken the finalist, volunteer or contractor must give authorization to the Public Safety Department in writing to undertake the investigation and to release the information to the Human Resources Manager and other appropriate city staff. The written consent must fully comply with the provisions of applicable data privacy statutes regarding the collection, maintenance and use of the information. (e) Upon the request of the manager or designee, the Public Safety Department must obtain and provide additional background information about certain employment, volunteer or independent contract candidates such as: {b} f background check and criminal history check through fingerprints to determine whether a candidate who may have substantial contact with juveniles is the subject of any reported conviction of Child Protection Background Check Act crimes, (S) ii thorough background screening, investigation, state and national arrest and fugitive record checks, and state and national Ill record checks by fingerprints from candidates who would have access to operate, program, effectuate access to a National Crime Information Center (NCIC) terminal or initiate transmission of NCIC information. Subd. 6. Disqualification of applicant due to background investiqation. Except for the positions set forth in Minn. Stat. § 364.09, no person shall be disqualified from employment with the city solely or in part because of a prior conviction of a crime or crimes — unless the crime or crimes for which convicted directly relate to the position of employment sought and the conviction is for a felony, gross misdemeanor, or misdemeanor with a jail sentence. In determining if a conviction directly related to the position of public employment sought, the hiring authority shall consider the requirements of Minnesota Statutes Chapter 364. Should the City reject the finalist's request for employment due, partially or solely, to the applicant's prior conviction of a crime, the Human Resources Manager shall notify the finalist in writing of the following: (a) the grounds and reasons for the denial; (b) the applicable complaint and grievance procedure set forth in Minnesota Statutes Section 364.06; (c) the earliest date the applicant may reapply for employment; and, (d) that all competent evidence of rehabilitation will be considered upon reapplication. Section 2. This ordinance will be effective in accordance with Section 3.09 of the City Charter. Adopted this 12th day of March, 2013. By: Suzanne M. Sandahl Mayor Pro Tempore ATTEST: Nancy Gibbs, City Clerk AGENDA SECTION: ORDINANCES AGENDA ITEM# 11 REPORT# 60 STAFF REPORT RICHFIELD CITY COUNCIL MEETING MARCH 12, 2013 REPORT PREPARED BY: MELISSA POEHLMAN, CITY PLANNER NAME,TITLE DEPARTMENT DIRECTOR REVIEW: IGNATURE ; REVIEWED BY CITY ' W /AP.- MANAGER: �� 401 1 ITEM FOR COUNCIL CONSIDERATION: Conduct a first reading of an ordinance rezoning properties located at 6330 and 6400 Lyndale Avenue from General Commercial (C-2) and Planned General Commercial (PC-2) to Planned Mixed Use (PMU) and Single-Family Residential (R). I. RECOMMENDED ACTION: By Motion: Approve a first reading of an ordinance amending Appendix 1 of the Richfield City Code rezoning 6330 and 6400 Lyndale Avenue from General Commercial (C-2) and Planned General Commercial (PC-2) to Planned Mixed Use (PMU) and Single-Family Residential (R). IL BACKGROUND The Lyndale Garden Center site has been vacant since the store closed its doors in 2006. In the intervening years, the property has suffered from frequent vandalism and occasional criminal activity. This property is located within what the Comprehensive Plan designates as the City's "downtown" area. This city center is intended to include a mix of residential, shopping, recreational and business uses. The currently proposed Planned Unit Development (PUD) is divided into two primary sections for which two separate developers will apply for approvals. The current request involves the rezoning of all of the land involved in the project, and the specific land use proposal for the northern portion of the site. Consideration of these approvals depends on an understanding of the agreements that will be in 031213 - 1st Reading 6330 & 6400 Lyndale RZN (Lyn Gardens) place between the two site halves, and the coordination between this northern portion of the site and the future development of the south portion. The Cornerstone Group is proposing a mixed use development that includes a 151- unit, 6-story apartment building; 11,600 square feet of restaurant/retail space; and public amenities. Proposed lakeside amenities include performance space with built-in seating, new connections to the existing Richfield Lake walking path, gardens, a splash pad and an outdoor pizza oven. The development will also include a market area that will be the new home of the Wednesday Farmers Market. The development will be built to coordinate and share parking and access with the future Lakewinds Natural Foods Co-op on the south half of the site. III. BASIS OF RECOMMENDATION A. POLICY • The rezoning of land requires both a first and second reading before the City Council. • Council consideration of the proposed site plans for this Planned Unit Development will take place on March 26, 2013 along with the required second reading of the proposed rezoning. • In 2008, the City approved designation of the entire "Lakes at Lyndale" area as a "Mixed Use" area that would allow a variety of uses including high-density residential, commercial, office and recreation. • The proposed Planned Mixed Use (PMU) zoning designation is more appropriate than the existing Planned General Commercial (PC-2) designation for a redevelopment that will include such significant housing and public improvements. Either designation would be consistent with the Comprehensive Plan. • The area extending into and along the shore of Richfield Lake and the retention pond (Outlot A) is proposed to be rezoned to Single-Family Residential (R). This is the standard zoning designation of parks throughout the City and is not an indication of future development of single-family homes. The developer plans to dedicate this land to the City as part of the platting process. • Rezoning will be contingent upon platting and approval of land use requests related to both halves of the site. B. CRITICAL TIMING ISSUES • 60-DAY RULE: The 60-day clock `started' when this application was deemed complete on February 12, 2013. A decision is required by April 13, 2013 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 paid. D. LEGAL • A public hearing to consider this rezoning and the associated land use requests was held before the Planning Commission on February 25, 2013. • Notice of the required public hearing was published in the Sun Current newspaper and mailed to properties within 350 feet of the proposal (approximately 85 single-family homes and 248 apartment units). • A second reading of this rezoning and consideration of the associated land use requests is scheduled for March 26, 2013. E. ENVIRONMENTAL CONSIDERATIONS • N/A IV. ALTERNATIVE RECOMMENDATIONS) • Deny a first reading of the proposed rezoning. V. ATTACHMENTS • Draft Ordinance • Preliminary lot division exhibit • Proposed site plan • Planning & zoning maps VI. PRINCIPAL PARTIES EXPECTED AT MEETING • Representatives of The Cornerstone Group DRAFT Ordinance shall be prepared upon submittal of proposed plat with legal descriptions ORDINANCE NO. AN ORDINANCE RELATING TO ZONING; AMENDING APPENDIX 1 TO THE RICHFIELD CITY CODE BY REZONING 6330 LYNDALE AVE FROM GENERAL COMMERCIAL (C-2) TO PLANNED MIXED USE (PMU); REZONING 6400 LYNDALE AVE WITH THE EXCEPTION OF OUTLOT A FROM PLANNED GENERAL COMMERCIAL (PC-2) TO PLANNED MIXED USE (PMU); AND REZONING OUTLOT A FROM PLANNED GENERAL COMMERCIAL (PC-2) TO SINGLE-FAMILY RESIDENTIAL (R) THE CITY OF RICHFIELD DOES ORDAIN: Section 1. Section _of Appendix 1 of the Richfield Zoning Code is amended by Sec. 2. Appendix 1 of the Richfield Zoning Code is amended by Sec. 3. This ordinance is effective in accordance with Section 3.09 of the Richfield City Charter. Debbie Goettel, Mayor ATTEST: Nancy Gibbs, City Clerk PROPOSED PLANNED UNIT PARCEL DIVISION EXHIBIT NE com d Lot 3- `'\t 28. •e(FIroana Monumen1tt Rand W .` O-Z�NO.Y796R U".d N N OS O.Sosilary S.nr MarWOH 1n OOC I O-Stan Sewer Manhole = mil- VICINITY 03 MAP •rte-Catch Jam. .g• n[ Part of Sections 27 & 28 and RLS 675 & RLS 1560, t-Odle r.. �a • - Township 28, Range 24, Hennepin County, Minnesota ®_ Boa -°snub Meter FIN -�`t med.Mvrd Hole — 6•:Molds Par Pole q A r VI r ` tito9 `e4�::ac;�G ®-Barrio Transformer BO, ,3 O n m O Nf' 9 Light Pr. IBM• lent THE CORNERSTONE GROUP, INC m 7c« l[[111 ■ $°s^ftwy o.anat "3 is CIS- ) 8°Guard Poet ^ seeyl,�/+yY/�,32 N O S-Gaf soh tic,cro .4., SECSONS 27 AND 28 W L 3' G \\ 701M9®24 AWE 24 a Weft o u P.,$-.1 i 259'11.50'W _ Q� �° c ♦ C O DEEDm202.00 t lag 0•W fle�y NO ELM COMTE.9•r99EA B°Warr art Stop Q es 07 ws N' --- 202.02 --_ S8991'50•W %'123.549 ••woo EI-Auto sprinkle, CO u. r :128.01 \ 8-Telephone Boa N• LYNDALE GARDENS N9a 245GE — � 176.50 D Fond End Section Were n h __'� _ - 1MA �1 ,' t13.6 ),•u'0 \ —>— Solitary Sewer• r9 Np1 39 00' s4.0 Nle� ,,09SSro w __taw wa >> Stonn Sewer Dwheod DecFk• `�� O. '�. V'o , is a rt. —se Underground Moak �� , it y, y 3 or a Overhead cable r.,.we:ei Z \ -- - t LOT 3 , = } 'Telephone Underground Cobh W Ngt•2Ik 02 \�\ \\\0✓d %\ ,k-, 106.396 ply'a O'O) —8-8— lbw OOptle rreWmm 0� OUTLOT A `\ N. ��\ \�\N ® ' -i�;Ns,1 ®� • O U) �i Z Za t9gzer as ft \\\ \ \ r, _ X11 I I •Behsnbam surface > 0 w 6 • • \� '.to a3 I W M Q (n \' �: .`\ - ® - .1 -concrete Surface c (A w 26R6 I:- ; oC z ,�; ��\\ 1E 94 �, .mot ,«. 54th Street �:ast Q Z ■ 80 5150E \ \\ 46 f iu 7..IL I li 19.o- — , -- \\ \ Pond \ \ - 4 A't. —Z (• < w 554 \\\ \ \A "� L07 2 3 a $a p _ \ kl13 \\ 1' 75.029 Rya F 0 Q '" nal BasT0o LEGAL Da4CRiP110N:(Per Commonwealth lard line toeminx Company.3rd Arsonist Commitment(93030I1),7Fbfewenn Fib No.210731,with an effective debof5ep®iwl2.20(1) \ \ Lip N. g go LOT 1 \ -b- d�0 (A PARCEL..., Grass Lake \\ \ i' \ 4 93,62 p.ft - 96 c w FEET a 0 Pal: \ Thdprt of the following de Td land and martian the071*g non3aly of the northerly lineorRegetrd Land Survey No.1560 and Rs extensions: \ \ l \7� iw U.purposes e11Fk eumY tea north IM offlyNtrM a The pat ofGou�mt La 3 u Sadao 28,Township 28,Resge7A described u fouow,:Beginning a e point on&east tits of old Government Lot 3distmt 1060.93 ka South front the Mahout camI,lhrmy Weer Wept a right \ p �A Lmtl 9xwY NO 1360,em6n9 to the recorded oat thereof, O to Earl lbw•dbtmae of 1763 thews North me- tWlmes of 16.00 fat thence West a• I. - NermgA County.YY,neaoto o asswnd to new NO024.50'E angle fat rgMengle, feel Swath dabs eetafyrtearetb theSonthline codmrWe West in lBlock RAY'S LYNNHU 4: - ADD[GON'nhenoe Sauh•hltg roMNmdmbw beer aonwilh•Ibednwnpv.gel wiWrddiYm1191b7f set 8adh rWe WaWly ermeia rWeBoaW Bin ado B.Y-WetebY p>umditwW Block i.MYSLYNNHURSf \ \ \ Ve �'P 2ND ADDITION;Wins Wroraleog old parallel Roe to its havaet(on whh the Soohedy exLmda of We Part line of Block 2,'RAYS LYNNHRLST 2ND ADDITION',Worm South alms said Southerly extension b R.basseedon \ \ \ \Vn wins.rnemwnnceuelwwemmnmtus.aoRagathfmmmn South lbaorl.a4.m..w Nock x;dlmn went.Img4 adtwral®emmm.e«d®with the sawhedye.lmebno[meP.YtfarWaf[awswh,ueyp>.aedm \ \ O,r` a add Block 2;Wens North slang sof Southerly extension b do South Boar the Best-wext alley gated b raid Block 2;Wens West doing said Saab line end its ar®an•di✓rs x202.00 fat therm Southwesterly to Miele - s• i�ak HO.7 wymwuatbraaas cox No.A-2547 anthem=emtr7ne ofWehd ofqunl+ke,tlensgouWaKrly,Iwgammmamkrlior,deksomed bTarmsCme No.A-25/]bWe NatBrlY lux Registered Lad \\\ 1 \ .$` :n Sauey NO.1560.HomopieCcassly.Mfmrote;thence P every,8adhey,Famly and Southerly along We Northerly.FVeterly.Northerly and Firay lines of said Surrey b six SOOWweeerly satanical of the Northwesterly line oflima OUTLOT A\ i A.Reg WredlmdSony No.675,Neonepiecomty,M6neaW;alms NaWSady ekog said Southwesterly matador and along We Nord,early la of raid Rests/rd Lud Sauey No.675 b the Eve line of said GO.emmentlm 3; \ • \ 4, Oo.)r;\ Wince}lath dons mid Bat line m the poutr0eg®ing;poser that pot of the East 176.5 feel tcrer lying Northerly era line beavg South 82':gm Wort(.menog the Part lie afraid Gem....La 3 to hart Nod ad Sad) Ram.point on old East lue&Shot1176.3 fed South of the Nort:Wanner r said Lot 3. \ \ `S53 Y.�' F�. 'Mk pwofeioron..La},Seaton 28,Towable 28,Wogs 24,Nom*County MinawY,deYS•der follows:Cn a We tatmeWonorthe put line of did Gemmed Lot 3 with the Northwesterly lino ofTnd A, \\ ,,. \\ 38G5p K. \ • ,R, U Reglavd Lend Sony No.675,Heneeem Ovanty,M®ewer theme a anaa®eaheaint of South 55 degree 14 mbAes Wert' the NaWaatly l�amid Thep A and its epkmim.diamre of 178.996r m the aoWPOiet \ \ .23/ \ Nof7e�36 [t>eg WinsSonW72depen r®of beginning. Oo38moomdsEaeb theW'Wlbadme1C,is msRegtmadladSpryNO.675;those Noandy dons raid Wert line n the Nrthw akdycorner ofsaid T3eclCe&sore South 55 \ \�Je� 50 E- ` v \. • Z 0 deg*.14 mh,der war to the armal • Inds Acrd B.Regbaned Led SproyNo.1560,11�xpb Cressy.MLOeseo \\ II \ ,. fr WO . ,our - r•\\_ a• Gr Tmma(O+d6 roof7IU No.1075759) �� \�� .I \ \ o \ t! 1 PARCEL B: lI / OUTLOT C IhapandOo,, ISl in Swiss 27,7opnYdp 28,RmF24lying 8aalpvevly of the 800Wxerafy Bs ofLydao Avows Sorel end NdthwwkayofRagirtpad iced glmty No.675,fIe®epb Comty.Mknero4 t''e�Api4 ! rye)a. 19.117.y.R. L rV Pal �—. �\J/ \ \3 �M lei __ Y WTYVO • 0 S. The pm of the following Rooted ring and aexdma Weserolyug southerly ofthemthniy lino of Registered lad Sorry No.1560 and in entry extenders I /./ \ 1 \ 0'' f() �,rloa+. (A Vol part°Mowmm*d Lot 3 b Swop 28,7ow by 28,Ring 24&sobedu/Wows:Bq✓�og da point on the Fist line a mid GOVa®ea[.s 3 dump 106094 Rd Sat from We North*acorner&nogdens West d•right y - $C+ U CO seek se mM5.Hli •dIWOma176.56stdmxNaOr•r(gkmgle•d'Wmro of 16.00 feet sixes Weal a a right angle•div4weof 123.5fortes the SoutertymeedmrWeWea live of Black 1,'RAVI LYNNHUR4I2ND I/ /7 \ \ p♦ - l�},°i •�� \94 61° Z Z ADDINON.Ms=SNhdavg said camdm b in imer•eAm with•Ba down Fo&l withand distort M.67 feet Sashof the Westerly px�don of the Borth line of the Plop-Wert•1ky*red m did Bork 1,WAYS LYNMi13RSr / j _`� r'y -IOOai - O,p�ry O 7 2NDADDIIION;thmro Wort along mid psNdlbe bib Nwsrtm with the SaWiyeslmrion e(the Foal®ofBbk2.'MYS LYNNHURST2lD)ADDIGOM;demesaAhdag did Baehry aaemim mbidaretioo ( { O' m C with•Bee drown Ronald with and d'mm 223.00 kd Sauk bemda Sash lies dim 1,b said Mork 2;Wins Wet*Rag add mallet linen id Intaasdon with the Somberly eafmdonatheim lice of the North-South alley platted ha ` 1 g� oY Bona 2;Wax NaW.kq.m SOUMdy combs to 646.62m of ON PUS-ww,sgy lewd in mid Model;Wm*West eked Bid Scab bawd in mamba•Aamu*4202.00 pest Boom sa.kwwonly b Judicial 1 \ / 1i1\ 47 /'� y LatdmarkNo.7 w pursuant b Tam•Case No.A.25•7 on the mom corm An of rho halo(Ones Wm thence soudoeldybng said mom aerBe,determined m Tomos plan No.A-2547 b the Northerly WO Registered lend 1� 1 Sou y1a156o,Nemmo Camy.gBw*ab;lrme P.arH,sauthriy.l'�aiyand BaYBdyaore�f y.�N.NaWehad PartdrlueofraasarymWegomkweaanrr na®mofWe Notth...k,H boor Tn. \J \ // \ Q C A,Registered Lad Amy No.675,Hassepb Gmty.8/boAw;theme Naeh*dalyekes oldSaWhwedaly mdensluu sd&Rag the NaWwulalY lino read Registered Land Survey No.675 b the Bodine raid&noon.Lt 3; \ iyJiak fl— rims North slog mid Pestlme togs pWmofbeg®ing. \ /// W V Pal: �; Zvi All of 711tet At —TM D,arts%the aahwor No 15 flee of said Taw Bred except that part of We e*ehwewry 55 fret of said TwdB lying eomhmtaly ofmidmthxsfedy 15 fed Wvao( rt all m Registered Lod Sorry NO.675,Wassail Camay,Mh,swa O T Together with•m-ep lodve easement far driveway meows arcs We NaWwvlrly 15 fort ofTnn B,Registered Land Survey N.675,limrcpu Corny,M®Mam dawn u deed DOS.No.536923;Os inland bra 3). J Tams(Certificate*Ends No.1169344) U 0 li ADDMONAL PARCEL DESCRIPTIONS: �aW�rr PETERSON PARCEL: ProssEa YDEscRBT1oNp,Camaimml far Tale humor by COmmmwee3 Lod CI,bsomoe COOpmy Come..N4 211510 PROFORMA,0Gmdwdm 5.lr.sir ofleese g: F PAR It TMi pant of Oormrmmt Lot 3,Section 28,Thwarts 28,Rage 24d dedas follows: : n 7: Lot 3 a.li �a"f ofNorth 1godonee PROPOSED PLANNED DEVELOPMENT AREA TABLE at right M aetan176f Soma. mgtea eof9517md,mrelss,m +naaaon �s taming saw2ddegaww ds axcminsd N 112 degrees Mntt feet, ma diem,Witte point of begmbg. AREA TARI F Lot 1 93,527 sq.ft, or 2.15 acres REVISIONS PAR 2: Pavel A: 355518 q.IL or 8.17 awes Lot2 75,029 sq.ft. or 1.72 acres L That pert etGovermnmt Lot 3,Sebm28,Maudlin 28,Range 24.beginning at a pail on theft.lies rMd L0ldiem South 11763 St from the Northeast dmer thereat eases North on said Bart line 45then thews South 82 degrees Pared B: 77.206q.R or 1.77 ems Lot} 109,396 ft. or 2.51 acres Warn•line dawn wend with end Meant 176.5 feet Wort ofde East line of raid Oasnmma Lot 3 thawSapthabng MidpWki line b dine drawn S*M S2 depea West Roan the point ofbs8�ge thence North 82 degrees par m sq. midpoint ofb:suoiag. Petasm Pucci: 22.551 KA.or0.518bens s. Strip Parcel: 3,750 q.R or 0.086 as (lams eropdy.Cadansm a lkkHU.74JMi) Tam now - 459,325 q.R e 10.54 ens OutlotA 128,267 Sq.ft, Or 2.94 acres OutlotB 26,537 sq,ft. or 0.61 acres GERMTAuoa1 nawd E: wrvG OutlotC 19,117 sq.ft. or 0.44 acres This i'm certify that this sup aewend the survey m which hb based were prepared bythe om+o w ads dyed stgerrhice wbo Is a duty licensed teed Sauey*m We Soo of STRIP PARCEL: Lyndale Avenue 7,452 sq.ft or 0.17 acres Doted:rieSAS PROPERTY DESCRIPTION FROM PARCEL TRANSFER: Total Site Area 459,324 sq.ft. or 10.54 acres Br—pEL Y Net Y.Mach Its Northwesterly 15 factor Tort B,Registered Lead&may No.675,Corny ofHemepu. Ymexm Dcwuo No.23968 Carlton MOC&In,Ins. *anw,wYw sin. We dartan main T*N,y,>0 G002 3631_Alto.dwg I 440 11 - 3 c ,� __ _.,,,.,,,. .,. _ ., ..: , ... _,,,,,:tw.,:-,--Li: - -. : 0. Y f 0YP3Ifd®ql9 _ . s s - .-1 OdyloGro• .ift., ., . J C C ii" a �- am' - t s : � xPx A- ,,,- -,: • ' -te*W 'kt "''''' -4, ,- '-..- •-,is.:4,..., „: ., ;,,.-:,..,..,. . , .•,•*,_,.....„.,-,v„.„, A ,;--:••4-,-4...,-.,-,-,-- :. -., 4,..:_,-• . .,. 'e i; . r.-.--i-.,7„1- . �- T[ »»j r +g i'-'1,.4'''• 't xIt .I a ' 0= ' _):.,,':::',-•7:. ' . ,� " F J* y . '#' .. t,,. > i • - : ,ir'i -"?°3"- T's ,.j:_- Y 3 �Y f 's !`- -y- 3 . 3 €' " - �: sK . � '�� ; 1.; :i.Y i� oaf , s x r r: .-..i. ----•..,c , r. - f ,u: lit tea- _,; i• r - I ,41-.- -- •W f• ...- CXx11 �01- sF' s 'I ,r j. F• \- 4 y• "t71 `1 1' . •C.5"iP 1" 'iQry Y �., sew Combat L : : :I : . . . _ , „* .�1 ... .. ' RPWMNM � 4 \ .y � is. Mo. Dal. Deminxon p • ` PLANNING/ZONING x '. ,_,. A SUBMITTAL 0 - APPLICATION•PU • ,' f ` _ : '0. o:vwtFlls FfESs • ProOdTIN �- _ '':-:;,:t'',:-'--..'7. _ FBPoINP�I I,A1T ra Ctschclet - �q Caa,.Na lidtp F• e og r s. r r LYNDALE GARDENS Y `ter .-\'1'- . .. - ,--- i ' : 4. CONTEXT • PLAN Inmxuna. L001 .................... 6400 Lyndale - PUD 2/2013 1 ►-11-1-1 Surrounding Comprehensive Plan z } E Z 0 cc a -' D 00 LDR-- .- _- Q -- 63RD STREET 0 U — !DR r. LDR 1-LDR LDR.1 EDR LDR I LDR —LDR 1 (.CC LDR L`DR LDR LDR,' I j LD LDR.'f LDR r Q MHD I:WEDR;LDR' III ',• LDR LDR' LDR LDR w -- -I - 1 1 J MHD LDR I __1 LDR�L'LORI L"DR _-_LDR LDR CC LDR!.. LDR LDR (s Z LW- LDR _— J MIXED MHD I I i MHD MHD IHD MH ` i r 64TH - REST MIXED C MIXED MIXED MIX O MIXED � lb J. .'\ MIXED MIXED PRK MIXED c-MIXED MIXED N MIXEDMIXED W N� MIXED ,,, , _„, 4M' I,‘ ,Q,---.._� MIXED 0 MILD,,„c:),„ „,,,_ ___,,,, , _____ _ __ ' 440 / _ 41) ©Q Q 66 tv Ty STREET Osr ,.. LDR-Low Density Residential — ■ ■ Feet MHD- Medium-High Density Residential 0 100 200 400 600 800 1,000 MIXED - Mixed Use CC-Community Commercial PRK-Park A Path: I:\GIS\Community Development\Staff\Planning Tech\Projects\6400 Lyndale CP.mxd 6400 Lyndale - PUD 2/2013 ► I- - Surrounding Zoning I- I i z Q 0 a p m R Q 63RD STREET D U R ERs `— R�� T2TII MR-3 MR-2 1 ...ID R-2 R-2 64TH ' REET PC-2 — PMR R \PMR PMR \\\ R itC ,.. , \ ei r5 A R - p: ( " i MR-3 2 C-2 :\C-2C-2 > --- , C-2;c-2-, Q i 0 ,MR-3 dw \ ��,,,\.\ w kikfn al 0 / tu 66TH STREET Or C-2 -General Commercial Feet PC-2 - Planned General Commercial 0 100 200 400 600 800 1,000 N 1 R - Single Family Residential f V MR-2 Multi-Family Residential MR-3 - High Density Multi-Family Residential PMR - Planned Multi-Family Residential Path: I:\GIS\Community Development\Staff\Planning Tech\Projects\6400 Lyndale Z.mxd