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070913completeagenda
CITY OF RICHFIELD, MINNESOTA TUESDAY, JULY 9, 2013 ************************************************************************ * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** SPECIAL CITY COUNCIL WORKSESSION BARTHOLOMEW ROOM 5:30 P.M. AGENDA Call to order Roll call (Worksession discussion times are approximate) 5:30 — 7:00 p.m. 1. Discussion regarding future 9 -1 -1 dispatching options (Council Memo No. 57) Notes: Adjournment ************************************************************************ * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** REGULAR CITY COUNCIL MEETING COUNCIL CHAMBERS FKIIIJ a►y� p 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 the minutes of the (1) Special Concurrent City Council and Planning Commission Worksession of June 25, 2013; and (2) Regular City Council Meeting of June 25, 2013 COUNCIL DISCUSSION Council discussion • Cancellation of Tuesday, August 27, 2013 Regular City Council Meeting • Hats Off to Hometown Hits Notes: AGENDA APPROVAL 2. Council approval of the agenda CONSENT CALENDAR 3. Consent Calendar contains several separate items, which are acted upon by the City Council in one motion. Once the Consent Calendar has been approved, the individual items and recommended actions have also been approved. No further Council action 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 first reading of a transitory ordinance vacating a storm sewer easement at 6400 Lyndale Avenue and scheduling a public hearing and second reading for July 23, 2013 S.R. No. 127 B. Consideration of approval of the first reading of an ordinance amending the Richfield City Code relating to tattoo, body piercing, body branding and body painting services S.R. No. 128 C. Consideration of approval of a resolution authorizing an interim use permit to allow Richfield Bloomington Honda to use City -owned property at 7700 Pillsbury Avenue for off -site employee parking S.R. No. 129 D. Consideration of approval of a resolution authorizing acceptance of grant monies in the amount of $26,300 from the MN Department of Commerce Auto Theft Prevention for the purchase of two automated license plate readers to be used in the Police Patrol Division S.R. No. 130 E. Consideration of approval of authorizing an additional $33,905 for concrete, sidewalk, curb and gutter repair S.R. No. 131 F. Consideration of approval of a resolution authorizing "No Parking" on both sides of Richfield Parkway from 65th to 63rd Street S.R. No. 132 Notes: 4. Consideration of item(s), if any, removed from Consent Calendar Notes: RESOLUTIONS 5. Disciplinary hearing regarding a resolution imposing civil enforcement on an establishment in Richfield that underwent a tobacco compliance check conducted by the Richfield Public Safety and failed by selling tobacco to underage youth Staff Report No. 133 Notes: 6. Consideration of a resolution authorizing a conditional use permit for a full service restaurant with intoxicating liquor for El Tejeban at 6501 Nicollet Avenue Staff Report No. 134 Notes: 7. Consideration of a resolution denying an amendment to the approved Cedar Point Commons Planned Unit Development, Final Development Plan and Conditional Use Permit that would allow construction of a McDonald's restaurant at the northwest corner of 66th Street and Richfield Parkway Notes: Staff Report No. 135 PUBLIC HEARING 8. Public hearing regarding a resolution denying approval of a revised plat for the area at the northwest corner of 66th Street and Richfield Parkway; Lots 1, 2 and 3, Block 2, Cedar Point Commons Staff Report No. 136 Notes: CITY MANAGER'S REPORT 9. City Manager's Report Notes: 10. Claims and payrolls Open forum (additional 15 minutes if more time needed after first Open Forum and by majority vote of the City Council) Each speaker is to keep their comment period to three minutes to allow sufficient time for others. Comments are to be an opportunity to address the Council on items not on the agenda. Individuals who wish to address the Council must have registered prior to the meeting. Notes: 11. Adjournment Auxiliary aids for individuals with disabilities are available upon request. Requests must be made at least 96 hours in advance to the City Clerk at 612- 861 -9738. CITY OF RICHFIELD, MINNESOTA Office of City Manager July 3, 2013 Council Memorandum No. 57 The Honorable Mayor and Members of the City Council Subject: Future Dispatching Consideration Follow -up Council Members: On May 28, 2013 staff presented a study session regarding the future direction of 911 dispatching services for the City of Richfield. The primary reason for that discussion and the basis of urgency for a decision concerning the future of 911 dispatching, was the impending deadline for a decision by the City with respect to purchasing an updated Computer Aided Dispatch /Records Management software package from the LOGIS group. The estimated amount of that purchase is $382,000. In addition, if dispatching was to remain in Richfield there would be an additional requirement for updated hardware which would cost an estimated $400,000. Hennepin County indicated to staff and the City Council at the May 28 meeting that they would assume the dispatch duties for the City within its new communications center at no cost to the City, except for a one -time transition cost of up to $80,000. Since that meeting the City has received proposals for providing dispatch service to Richfield by the cities of Bloomington and Edina. A matrix comparing costs and benefits of the three options is attached to this memo. The remainder of this memo will attempt to address the procedural questions and concerns that have been voiced to staff regarding the potential move of our dispatching center (PSAP) to an outside facility. It is the staffs' belief that each of the three dispatch providers could provide a good, safe and responsive alternative to the costly option of continuing to maintain our own PSAP. However, the three proposals vary significantly in terms of costs, hiring our dispatchers and to a lesser extent, the level of service. The concerns expressed by Council Members during previous discussions regarding moving dispatch are as follows: What are the costs associated with Hennepin County, Bloomington, or Edina providing dispatch services for the City of Richfield. The City of Richfield has been advised by Hennepin County that there will be no charges associated with dispatching services to our city. There will be transition costs of $50,000 to $80,000 to migrate over. The City of Bloomington provided us with a quote for dispatching services. The summary of their quote is as follows: Richfield will be charged $450,000 per year • Richfield will pay for the LOGIS upgrades regarding the Records Management, Squad Mobiles, and possibly a portion of CAD. This would be spread over a five year period at no interest. • Bloomington receives Richfield 911 fees. • Bloomington engages 7 of our 9 dispatchers. (Integration in the unit as to seniority will be determined by Bloomington HR rules and existing Labor agreement) for a period of 1 to 2 years with no layoffs. • Bloomington will monitor our facility. • 5 year agreement with a maximum 4 percent escalator. • Termination with a minimum 1 year notice - mutual agreement years 1 to 4 and unilateral starting the 4th year. The City of Edina also provided a quote to us for dispatching services. The summary of their quote is as follows: • Richfield will be charged $148,340 per year • Richfield will pay one -time costs of $48,600 for hardware, radio and 911 programming, license and software, training and management. • Edina receives Richfield's 911 fees. • Richfield maintains one CAD Resource Monitor • Richfield maintains "Hot Files" in house • Edina would not hire any of our dispatchers • Edina will monitor our facility. • 2 year agreement What is the turnover rate at the Hennepin County Sheriffs Office Communications Center as it relates to dispatchers and Command Staff? What protocols or people are in place to assure consistent delivery of services to the communities that they dispatch for? According to Major Darrell Huggett, there is a 12 percent turnover rate for Hennepin County telecommunicators. This is below the national turnover rate of 19 percent as reported by the Association of Public- Safety Communications Officials (APCO). As far as the turnover in commanders, the Sheriffs Office is consistent with other agencies in Hennepin County. The county is able to deliver a consistent level of service due to the Police and Fire Standard Operations Procedure Committee (Users of the System) and the Users Advisory Board (includes government representatives, council representatives, and other groups). These entities decide on how the county delivers services on a routine basis. This ensures consistent service whether changes occur in dispatchers or Command Staff. Richfield also has some issues with turnover. While the full time dispatcher positions are quite stable, the part-time positions turnover quite frequently. This turnover presents significant staff time needs and additional costs for the City (see attached memo on Richfield turnover). What is the current staffing and proposed staffing as it relates to 24/7 coverage at the police department. How will checks be run for officers such as warrants and criminal histories? Currently the front counter at the police department is staffed Monday to Friday, 8:00 am to 4:30 pm. After hours service is provided by a telephone in the police department lobby. The after hours telephone is answered by the dispatcher and after the service required has been determined; an officer or supervisor is dispatched to handle. The front lobby telephone can be routed to any of the outsourced PSAP's under consideration. The after-hours front counter service protocol would not be changed. If we contract for PSAP services, what will be the police officer procedures for running warrant and criminal history checks? All three PSAP's under consideration will provide the service of running warrant and criminal history checks. Officers also have the capability of running some of these checks on their Mobile Data Computers (MCD's) in the squads. Our dispatchers currently run criminal histories for officers upon request. Criminal histories are run through the Bureau of Criminal Apprehension, Portals System. Officers need to have a reason to run them and or they need to be associated with a case number of an arrest or an investigation. Dispatchers have to document specific codes for different types of criminal histories that are run. Criminal histories are usually run to determine the subject's prior history as it relates to enhanced criminal charges such as varying degrees of DWI or Domestic Assaults. Criminal histories are tracked by the Bureau of Criminal Apprehension and are audited bi-annually. We currently have five terminals in our department that can run criminal histories. Dispatch has three of them. The other two are located in the Records Supervisors office and in the Dispatch Supervisors office. Persons have to be certified in "Hot Files" to run criminal histories. If dispatch is migrated to one of the options listed several remedies could be developed so that officers would have their criminal histories if an arrest is made and the person is transported to jail. • Have Supervisors and/or Officers receive certification in "Hot Files" through Portals to run their own criminal histories. • Have clerical staff and or detectives receive certification in "Hot Files" through Portals to run the criminal histories the next morning before charging takes place. • Have outsourced PSAP run the criminal history and provide the information to the officer via the radio. These are just proposed options at this time and would be further developed by a transition team if Richfield does not retain a PSAP. What will be the arrest/booking procedures and protocols as they relate to the current facility and if we migrate to either Hennepin County, Bloomington, or Edina? The Richfield detention area is classified by the Minnesota Department of Corrections (DOC) as a Class IV Facility. This means arrestees can be held in the Richfield holding cells for a maximum of 4 hours. For the majority of the arrests Richfield officers make, the arrestee is transported to the Richfield detention area. The officer fingerprints and photographs the arrestee, completes the required holding forms; then the arrestee is transported to Hennepin County Jail in Minneapolis. An exception to this procedure is when an arrestee is combative; the arrestee is transported directly to the Hennepin County Jail. The entire Richfield detention area, including the holding cells has a video and audio surveillance system called the Lenel Security System. When an officer has an arrestee in the detention area they are being monitored by the Richfield dispatcher. The dispatcher is able to summon additional help should an officer need assistance during the booking process. There are also three panic buttons located within the detention area that notify the dispatcher of the need for additional assistance. The Lenel system is a web based system that can be monitored from any location. Bloomington and Edina have advised us they would monitor the Lenel system in their PSAP similar to our current monitoring. The arrest protocols would not change. Hennepin County has advised us they will not monitor the Lenel system. The arrest protocols would change, some options under consideration; • Transport all arrestee's directly to Hennepin County Jail. The exception would be routine DWI arrests. • Require that two officers (or officer and supervisor), be present during all booking processes. Once again the exception would be routine DWI arrests. Finally, the holdings cells in the detention area are equipped with intercoms that are routed to the dispatcher. Once again, these intercoms can be answered at a remote location. In summary, there are several issues to consider, including service levels to the City residents and staff, capital costs, ongoing costs and disposition of affected Richfield dispatchers. Moreover, the costs associated with this City services should also be viewed in the greater context of the mix of other City services and capital investments needs. If the City were to select an option which did not include the hiring of our current dispatchers, the City could look toward a meaningful severance and/or early retirement package for those employees who were not offered the opportunity for continued employment. If you have any further questions regarding this matter please let me know. fsubmitte glaiN - -n . Devi City Manager SLD:tjs Attachments Email: Department Directors Assistant City Manager CITY OF RICHFIELD Memorandum DATE: July 2, 2013 TO: Police Chief Todd Sandell FROM: Deputy Police Chief Jay Henthorne SUBJECT: Turn Over Rates and Hiring Costs in Dispatch from 2005 to 2012 The dispatch schedule is very intricate and requires the use of part-time dispatchers to function on a 24/7, 365 day schedule. While the retention of our full-time employees has been consistent, with very little turnover the past twenty years, our part-time dispatcher position has become a revolving door since 2005. This situation has presented the City with several challenges. Because there are no longer any educational institutions that have a 911 dispatcher curriculum, hiring a part-time person to work as a dispatcher is very time-intensive, costly and challenging. The job of a dispatcher is very complicated. It requires an individual who can handle stress under pressure, be able to multi-task, and deliver quality service. The City focuses its hiring practices on trying to find dispatchers who have worked full- time with another department or as a dispatcher with either a cab company or emergency services provider. It is often a struggle to find quality employees. The City usually has to hire individuals who have a clerical background or background in computers, but who do not have dispatching experience. Given these challenges the City continues to find it difficult to hire part-time employees. For years the City used to have three part-time dispatchers on the schedule. With the challenges we faced above, the department was able to re-work the schedule to create another full-time position with only two part-time dispatchers. This gave the dispatch schedule some relief from having to rely on three part-time dispatchers. The addition of the full-time position cut down on overtime and scheduling conflicts. Since 2005, the department has lost seven part-time dispatchers. If you averaged the years of service the seven part-time dispatchers had it equaled five years. We have averaged losing a part-time dispatcher at one per year since 2005. (Date) Page 2 In 2011, due to the increasing demand to hire qualified dispatchers, we invested in a testing process called "Criti-Call." This is a computer based testing program that simulates the job of a police dispatcher. The testing requires the set up of laptop computers, headsets, and Information Technology (IT) support. The cost associated with purchasing the software, set up, and proctoring the examination was approximately $7,000. We found this product to be exemplary in testing the multi-tasking skills needed to be a dispatcher. The City hired one part-time dispatcher from the testing process, and this employee has proved herself to be a quality dispatcher. The hiring of a dispatcher is a very lengthy process. The process from start to finish usually takes approximately 90 days to complete. Furthermore, after being hired, each dispatcher then needs to be trained through a Field Training program for the next 12 to 16 weeks. The dispatcher is paid for working during their training. A veteran dispatcher will act as the trainer for the new employee. After the completion of training, the new dispatcher is only then qualified to be used as a second chair in Dispatch. It is usually four more weeks before a new dispatcher can be relied upon to dispatch alone. Under the terms of the Dispatcher's collective bargaining agreement, the veteran dispatcher is paid additional pay for training a new dispatcher. The monetary amount they receive is $1.85 per hour spent training. On average, it costs the department $1,000 dollars to train a new dispatcher during the 12 to 16 weeks. Since the City has lost seven dispatchers in the last seven to eight years, that translates into $7,000 in training costs that are not recouped. Total Costs for the Last Seven Years for Recruiting, Hiring, and Training: Recruitment: Time by staff to advertise and sort applications $1,500 Hiring Process: "Criti-Call" purchase, setup by IT, Proctor exam $7,000 Training: Field Training Program, Training Pay $8,000 Total: $16,500 Quote Comparison for Having Richfield Dispatch Outsourced Richfield Bloomington Edina Cost Per Year $680,000 $450,000 $148,340 Free Transition Costs N/A $50,000 $48,600 $50,000 to$80,000 Hire Our Dispatchers N/A Yes, 7 dispatchers pending backgrounds No Yes, all of them pending backgrounds Some turnover due to retirements/people Some turnover due to retirements/people Turnover rate (19% APCO Average) Full-Time no, Part-Time 7 in 7 years 100% leaving leaving 12 percent as reported by the County 5 year agreement/Upto 4 percent escalator Contract LELS each year 2 years None RMS Software Pay LOGIS Share of new software Pay LOGIS Share of new software Stay with LOGIS or find a new vendor Stay will LOG IS or find a new vendor CAD Software Pay LOGIS Share of new software Pay LOGIS Share of new software Transition to Sungard OSSI software County Provided MCD Software Pay LOGIS Share of new software Pay LOGIS Share of new software Transition to Sungard OSSI software County Provided Shared TG/will move to own on Critical Shared TG/keep Critical incident on main Shared TG/will move to own on Critical Talkgroup Assignment Have our own assigned Fleet Map Incident TG and move Incident Other traffic to another TG Monitor Jail Facility Monitor our own Will monitor Will monitor Will not monitor 911 Fees We Receive$45,000 Transferred to Bloomington Transferred to Edina Transferred to County Remain in house/can have Bloomington "Hot Files" 5 Terminals in house run Remain in house Remain in house Transition Timeline N/A 1st Quarter of 2014/Negotiable ( 4-6 Months) 1st Quarter of 2014 4th Quarter of 2014 $382,500 for LOGIS and $328,000 Future Capital Outlay Motorola Spread over term of the contract If not budgeted, pay pro-rated amount Not assessed $60,000 Viper Call Taker software upgrade CITY COUNCIL MINUTES Richfield, Minnesota gee,Aiiieed i t and n d Special Concurrent City Council Planning Commission Worksession June 25, 2013 CALL TO ORDER The meeting was called to order by Mayor Goettel at 5:49 p.m. in the Bartholomew Conference Room. ROLL CALL Council Members Debbie Goettel, Mayor; Pat Elliott, Edwina Garcia; Sue Sandahl; and Tom Present: Fitzhenry. Planning Members Tom Rublein and Gordon Vizecky. Present: Planning Members Rick Jabs; Susan Rosenberg; Dennis Schuller; Joshua Root; and Daniel Absent: Kitzberger. Staff Present: Steven L. Devich, City Manager; Mike Eastling, Public Works Director; John Stark, Community Development Director; Jim Topitzhofer, Recreation Services Director; Wayne Kewitsch, Fire Services Director/Fire Chief; Jeff Pearson, Transportation Engineer; Chris Link; Operations Superintendent; Christine Costello, Economic Development Coordinator; and Cheryl Krumholz, Executive Coordinator. Item # I DISCUSSION REGARDING INSTALLATION OF BANNERS ON CITY-OWNED STREETLIGHTS David Gepner, Penn Central representative, discussed the Penn Central of Richfield request for installation of banners along Penn Avenue from 67th Street to Crosstown to brand and unify the area. He explained that funding has been obtained but installation fees had not been included. He hoped the City could do a pilot project on Penn Avenue, including City funding of the installation fee, and that a process on future requests could be determined later. Chris Link, Operations Superintendent, discussed the following related to installation of banners on City-owned streetlights: • Other cities standards • Event vs. location distinction • Installation/fees • Banner standards • Approval process Special Worksession Minutes -2- June 25, 2013 The City Council consensus was there should be standards established to review banner requests because each area of the City is special. They directed staff to proceed with developing a process and procedure for banners. Item # 2 DISCUSSION REGARDING DEVELOPMENT IMPEDIMENTS (CONTINUED FROM JUNE 11, 2013 WORKSESSION) Transportation Engineer Pearson discussed the streetscape and need for right-of-way dedication process, including that a development or redevelopment may require necessary or additional roadway/streetscape right-of-way and easements. The City is within their rights to make these adjustments; however, developers may view these dedications as impeding their ability to develop/redevelop the property. Community Development Director Stark discussed possible parking solutions. Fire Services Director Kewitsch discussed fire suppression options, including a special assessment process. Public Works Director Eastling explained the size of the water supply pipes to properties under the streets in Richfield. ADJOURNMENT The meeting was adjourned by unanimous consent at 6:52 p.m. Date Approved: July 9, 2013 Debbie Goettel Mayor Cheryl Krumholz Steven L. Devich Executive Coordinator City Manager CITY COUNCIL MEETING MINUTES Richfield, Minnesota ge,C*eedRe gular Meeting June 25, 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; Sue Sandahl; Tom Fitzhenry; and Edwina Garcia. Staff Present: Steven L. Devich, City Manager; John Stark, Community Development Director; Mike Eastling, Public Works Director; Todd Sandell, Public Safety Director; Jim Topitzhofer, Recreation Services Director; Chris Regis, Finance Manager; Jay Henthorne, Deputy Public Safety Director; Jeff Pearson, Transportation Engineer; Charlie O'Brien, Code Compliance Specialist; Julie Urban, Housing Specialist; Mary Tietjen, City Attorney; and Cheryl Krumholz, Executive Coordinator. OPEN FORUM None. PLEDGE OF ALLEGIANCE Mayor Goettel led the audience in the Pledge of Allegiance. APPROVAL OF MINUTES M/Fitzhenry, S/Sandahl to approve the minutes of(1) Special City Council Meeting of June 11, 2013; (2) Special Concurrent City Council and Planning Commission Worksession of June 11, 2013; and (3) Regular City Council Meeting of June 11, 2013. Motion carried 5-0. Item #1 PRESENTATION OF GENE AND MARY JACOBSEN OUTSTANDING CITIZEN OF THE YEAR AWARD TO PHUOC TRAN (COUNCIL MEMO NO. 53) Council Meeting Minutes -2- June 25,2013 Kim Jacobsen, son of Gene and Mary Jacobsen, presented the award. Mayor Debbie Goettel presented the Certificate of Recognition. Item #2 ANNUAL MEETING WITH THE HUMAN RIGHTS COMMISSION Nancy Roberts, Chair, presented the annual report. Debbie Eng and Sean David Hayford O'Leary, commission members, announced the One Voice Minnesota event on July 23 at the Richfield Community Center. Item #3 PRESENTATION BY THE HOUSING VISIONING TASK FORCE OF THE HOUSING VISIONING STATEMENT AND GOALS (COUNCIL MEMO NO. 52) The Housing Visioning Task Force presented their Housing Vision Statement and Goals, including process overview (John Shardlow); background research, tour (Amy Utley);, issue identification, prioritization, visioning (Gordon Hanson); common themes and goals (Jeremy Larson); and housing vision statement, meaning (Catherine Ragozzino). Community Development Director Stark presented examples of potential next steps and returning to the City Council with an implementation plan. The City Council thanked the task force members for their service. Item #4 COUNCIL DISCUSSION • HATS OFF TO HOMETOWN HITS Council Member Sandahl announced the July 4 events. Council Member Garcia announced the open public meeting with State Senator Patricia Torres Ray at Hope Presbyterian Church on June 27. Council Member Garcia congratulated Mayor Goettel on her election to serve on the League of Minnesota Cities Board of Directors. Mayor Goettel acknowledged several certificates the City has received and suggested the listing of all awards and certificates be placed on the City's website. Mayor Goettel stated that Richfield-Bloomington Honda has offered the City Council cars to use in the Fourth of July parade. Item #5 COUNCIL APPROVAL OF AGENDA M/Garcia, S/Fitzhenry to approve the agenda. Motion carried 5-0. Item #6 CONSENT CALENDAR Council Meeting Minutes -3- June 25,2013 A. Consideration of approval of continuing the public hearing on June 25, 2013 regarding plat approval for land at the northwest corner of 66th Street and Richfield Parkway to July 9, 2013. S.R. No. 116 B. Consideration of approval of renewal contract number A090395 with Hennepin County for the purchase of assessment services for the period commencing August 1, 2013 and ending July 31, 2016 S.R. No. 117 C. Consideration of approval of a resolution restricting parking on both sides of Richfield Parkway from 250 feet north of 64th Street to Bloomington Avenue S.R. No. 118 RESOLUTION NO. 10805 RESOLUTION FOR PARKING RESTRICTIONS ON RICHFIELD PARKWAY FROM 250' NORTH OF 64TH STREET TO BLOOMINGTON AVENUE This resolution appears as Resolution No. 10805. D. Consideration of approval of a resolution allowing Richfield Department of Public Safety to accept grant monies in the amount of$9,880 from the U.S. Department of Justice, Office of Justice Programs, the Justice Assistance Grant (JAG) Program S.R. No. 119 RESOLUTION NO. 10806 RESOLUTION AUTHORIZING THE DEPARTMENT OF PUBLIC SAFETY/POLICE TO ACCEPT THE EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT (JAG) FOR $9,880 FROM THE OFFICE OF JUSTICE PROGRAMS TO BE USED FOR REPLACING THE TAZERS CURRENTLY USED BY RICHFIELD POLICE DEPARTMENT OFFICERS This resolution appears as Resolution No. 10806. E. Consideration of approval of a Community Celebration Event License and a temporary on- sale intoxicating liquor license, with a fee waiver, for the Fourth of July Committee for the annual events scheduled to take place at Veterans Memorial Park, July 1st through July 5th, 2013 S.R. No. 120 F. Consideration of approval of a temporary on-sale 3.2 percent malt liquor license for the Minneapolis-Richfield American Legion Post 435, located at 6501 Portland Avenue for activities scheduled to take place on July 4, 2013 S.R. No. 121 M/Goettel, S/Sandahl to approve the Consent Calendar. Motion carried 5-0. Item #7 CONSIDERATION OF ITEMS, IF ANY, REMOVED FROM THE CONSENT CALENDAR None. Item #8 CONSIDERATION OF: • SECOND READING OF AN ORDINANCE REZONING THE PROPERTIES AT 401-77TH STREET WEST, 501-77TH STREET WEST, 7724 HARRIET AVENUE, 400-78TH STREET WEST, 500-78TH STREET WEST AND 520- 78TH STREET WEST FROM MIXED USE— REGIONAL (MU-R) TO PLANNED MIXED USE (PMU); AND • A RESOLUTION APPROVING THE FINAL DEVELOPMENT PLANS AND CONDITIONAL USE PERMIT TO ALLOW AN AUTOMOBILE DEALERSHIP AND SERVICE CAMPUS PLANNED UNIT DEVELOPMENT S.R. NO. 122 Council Meeting Minutes -4- June 25,2013 Mayor Goettel presented Staff Report No. 122. Community Development Director Stark stated this was a collaborative effort and City staff is supportive of the project. M/Goettel, S/Elliott that this constitutes the second reading of Bill No. 2013-12 amending Appendix I of the Richfield City Code by changing the zoning designation from Mixed Use— Regional$MU-R) to Planned Mixed Use (PMU) for the following properties: 401 —77`" Street West, 501 —77` Street West, 7724 Harriet Avenue, 400—78`" Street West, 500—78`" Street West, and 520—78`" Street West, that it be published in the official newspaper and that it be made part of these minutes and that the following resolution be adopted and that it be made part of these minutes: RESOLUTION NO. 10807 RESOLUTION APPROVING A FINAL DEVELOPMENT PLAN AND CONDITIONAL USE PERMIT FORA PLANNED UNIT DEVELOPMENT AT 401-77TH STREET WEST, 501-77TH STREET WEST, 7724 HARRIET AVENUE, 400-78TH STREET WEST, 500-78TH STREET WEST AND 520-78TH STREET WEST Motion carried 5-0. This resolution appears as Resolution No. 10807. Item #9 PUBLIC HEARING REGARDING CONSIDERATION OF A RESOLUTION ACKNOWLEDGING RECEIPT OF A PETITION FOR VACATION OF STREET RIGHT-OF-WAY AND SECOND READING OF AN ORDINANCE VACATING HARRIET AVENUE STREET RIGHT-OF-WAY BETWEEN 77TH STREET WEST AND 78TH STREET WEST S.R.NO. 123 Council Member Fitzhenry presented Staff Report No. 123. Tim Carter, Richfield-Bloomington Honda, stated the development is emulating the small town feel in Richfield. M/Fitzhenry, S/Elliott to close the public hearing. Motion carried 5-0. M/Fitzhenry, S/Sandahl that this constitutes the second reading of Bill No. 2013-13, Transitory Ordinance No. 18.89 vacating Harriet Avenue street right-of-way between 77`" Street West and 78m Street West, that it be published in the official newspaper and that it be made part of these minutes and that the following resolution be adopted and that it be made part of these minutes: RESOLUTION NO. 10808 RESOLUTION DECLARING ADEQUACY OF PETITION FOR VACATION OF STREET RIGHT-OF-WAY Motion carried 5-0. This resolution appears as Resolution No. 10808. Item #10 PUBLIC HEARING AND CONSIDERATION OF A RESOLUTION GRANTING FINAL APPROVAL OF A PLAT FOR 401-77TH STREET WEST, 501-77TH STREET WEST, 7724 HARRIET AVENUE, 400-78TH STREET WEST, 500-78TH STREET WEST AND 520-78TH STREET WEST S.R. NO. 124 Council Member Sandahl presented Staff Report No. 124. Council Meeting Minutes -5- June 25,2013 Community Development Director Stark suggested the City Council approve a revised resolution that changes 2(c) to read 120 days not 30 days to file the final plat. The City Council agreed to the revision. M/Fitzhenry, S/Goettel to close the public hearing. Motion carried 5-0. M/Sandahl, S/Goettel that the following revised resolution be adopted and that it be made part of these minutes: RESOLUTION NO. 10809 RESOLUTION GRANTING FINAL APPROVAL OF A PLAT FOR 401-77TH STREET WEST, 501-77TH STREET WEST, 7724 HARRIET AVENUE, 400-78TH STREET WEST, 500-78TH STREET WEST, AND 520-78TH STREET WEST (WOOD MINNESOTA RE ADDITION) Motion carried 5-0. This resolution appears as Resolution No. 10809. Item #11 CONSIDERATION OF A REQUEST FOR A NEW MULTI-PET RESIDENCE LICENSE FOR ALAN AND MARIANNE DAHL, 6505 IRVING AVENUE S.R. NO. 125 Council Member Elliott presented Staff Report No. 125. Code Compliance Specialist O'Brien explained the code violation findings resulting in a recommendation for denial of the license. Council Member Elliott stated the contiguous neighbors' signatures are not required as a basis for denial but rather a consideration for determining the issuance of a license. City Manager Devich replied that past practice has been to not grant a license if neighbors do not sign but the ordinance does provide some flexibility in that determination. Code Compliance Specialist O'Brien stated the complainant refused to mediation and that State Statute requires the identification of the complainant to be protected unless otherwise directed by the court. Council Member Fitzhenry said his concerns are the lack of sanitation and potential health issues. He believes the reports from code compliance are clear and convincing. Council Member Elliott stated the applicant is entitled to due process and disagreed that the reports are clear and convincing. Council Member Elliott suggested the City Council consider an alternative request made by the applicant that when a cat dies, they agree to not replace it. He stated he believed accommodations should be made and vehemently opposed denial of the license. He added he does not support the way the current ordinance is drafted. M/Garcia, S/Sandahl to deny the issuance of a new multi-pet residence license for Alan and Marianne Dahl, 6505 Irving Avenue. Council Member Sandahl expressed concern regarding the odor and that the applicants are two animals over the limit. Mayor Goettel expressed concern regarding the age of the cats and the odor issue. Council Meeting Minutes -6- June 25,2013 Marianne Dahl, applicant, addressed the findings of the code compliance reports. Council Member Garcia called for the vote. Motion carried 4-1. (Elliott opposed) Item #12 CITY MANAGER'S REPORT • HENNEPIN COUNTY 2013 WELLNESS BY DESIGN AWARD City Manager Devich reported on the Hennepin County 2013 Wellness by Design Award. The City Council scheduled a Special City Council Meeting on August 28, 2013 at 5 p.m. to review the 2013 Revised/2014 Proposed budgets. Item #13 CLAIMS AND PAYROLLS M/Fitzhenry, S/Sandahl that the following claims and payrolls be approved: U.S. Bank 06/25/13 A/P Checks: 222647 - 223108 $ 1,263,867.16 Payroll: 93347 — 93716; 42161 -42162 $ 653,725.23 TOTAL $ 1,917,592.39 Motion carried 5-0. OPEN FORUM Doris Rubenstein, 6515 Emerson Avenue, addressed the City Council regarding Phuoc Tran receiving the Gene and Mary Jacobsen Citizen of the Year award. Item #14 SPECIAL CITY COUNCIL CLOSED EXECUTIVE SESSION IN THE BABCOCK CONFERENCE ROOM REGARDING THE CITY MANAGER ANNUAL PERFORMANCE EVALUATION The City Council adjourned to the Closed Executive Session at 8:37 p.m. The City Council Closed Executive Session was called to order by Mayor Goettel in the Babcock Conference Room at 8:40 p.m. Members Present: Debbie Goettel, Mayor; Sue Sandahl; Tom Fitzhenry; Edwina Garcia, and Pat Elliott. Staff Present: Steven L. Devich, City Manager. The Closed Executive Session was convened pursuant to M.S. 13D.05 The Closed Executive Session was adjourned by unanimous consent in the Babcock Conference Room at 9:10 p.m. Item #15 RECONVENE REGULAR CITY COUNCIL MEETING IN THE COUNCIL CHAMBERS Council Meeting Minutes -7- June 25,2013 The meeting was called to order by Mayor Goettel in the Council Chambers at 9:11 p.m. Item #16 SUMMARY REPORT OF THE CITY MANAGER ANNUAL PERFORMANCE EVALUATION FOR 2012 AND CONSIDERATION OF A RESOLUTION AMENDING EMPLOYMENT AGREEMENT BETWEEN THE CITY OF RICHFIELD AND CITY MANAGER STEVEN L. DEVICH FOR 2013 S.R. NO. 126 Mayor Goettel presented Staff Report No. 126 and summarized the City Manager's performance evaluation. M/Fitzhenry, S/Sandahl that the following resolution be adopted and that it be made part of these minutes: RESOLUTION NO. 10810 RESOLUTION AMENDING THE EMPLOYMENT AGREEMENT BETWEEN THE CITY OF RICHFIELD AND STEVEN L. DEVICH, CITY MANAGER Motion carried 5-0. This resolution appears as Resolution No. 10810. ADJOURNMENT The City Council meeting was adjourned by unanimous consent at 9:17 p.m. Date Approved: July 9, 2013 Debbie Goettel Mayor Cheryl Krumholz Steven L. Devich Executive Coordinator City Manager AGENDA SECTION: CONSENT AGENDA ITEM# 3A REPORT# 127 =Al STAFF REPORT RICHFIELD CITY COUNCIL MEETING JULY 9, 2013 REPORT PREPARED BY: MELISSA POEHLMAN, CITY PLANNER NAME,TITLE 1\ DEPARTMENT DIRECTOR REVIEW: ` . SIGNATURE OTHER DEPARTMENT REVIEW: /v Ai REVIEWED BY CITY MANAGER: r Atirdririlrf /-.416‘■_ ;9. / ITEM FOR COUNCIL CONSIDERATION: Conduct a first reading of a Transitory Ordinance vacating a storm sewer easement at 6400 Lyndale Avenue and schedule a public hearing and second reading for July 23, 2013. I. RECOMMENDED ACTION: By Motion: 1. Conduct a first reading of a Transitory Ordinance vacating a storm sewer easement at 6400 Lyndale Avenue; and 2. Call for a public hearing and second reading to be held on July 23, 2013. II. EXECUTIVE SUMMARY In 2008, the City replaced a storm sewer line that crosses the site formerly occupied by the Lyndale Garden Center. An easement for this new pipe has been included in the approved plat of the Lyndale Gardens Addition. The easement for the abandoned pipe is no longer necessary. III. BASIS OF RECOMMENDATION A. BACKGROUND • N/A 070913 - 1st Reading 6400 Lyndale Easement Vacation B. POLICY • The Council may by ordinance vacate a street, alley, public grounds or a part thereof, on its own motion or upon the petition of the owners of half of the land abutting on the street, alley, public grounds or part thereof to be vacated. • When no petition has been received, the Council must approve the Transitory Ordinance by a 4/5 vote. • No vacation may be made unless it appears in the interest of the public to do so. C. CRITICAL TIMING ISSUES • It would be preferable to vacate the easement prior to the final recording of the Lyndale Garden Addition plat, so that the easement can be removed from the final document. D. FINANCIAL • N/A E. LEGAL • The City Council may vacate public easements in accordance with MN §412.851. • A public hearing has been scheduled for July 23, 2013. • Vacations abutting public water must be reviewed by the Commissioner of Natural Resources. The City has received notice from the Department of Natural Resources that they have no objection to the vacation. F. ENVIRONMENTAL CONSIDERATIONS • N/A IV. ALTERNATIVE RECOMMENDATION(S) • N/A V. ATTACHMENTS • Transitory Ordinance • Exhibit A— Sewer Easement • Survey VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None BILL NO. TRANSITORY ORDINANCE NO. AN ORDINANCE VACATING PUBLIC SEWER EASEMENTS (6400 LYNDALE AVENUE) THE CITY OF RICHFIELD DOES ORDAIN: Section 1: The lands described in the attached Exhibit A are subject to an easement for public sewer ("Sewer Easement") as described in Document Nos. 2928405 and 291794. Sec. 2: The sewer pipe within the easement has been abandoned and replaced elsewhere and the Sewer Easement is no longer required. Sec. 3: The Sewer Easement is adjacent to public waters (Richfield Lake); accordingly the City has notified the commissioner of natural resources. The Department of Natural Resources has no objection to the vacation. Sec. 4: The Council finds that there is not a public need for the Sewer Easement. Sec. 5: The City of Richfield held the first reading on July 9, 2013 and second reading on July 23, 2013. Legal notice was published in the City's official newspaper as required by ordinance. Sec. 6: Upon the effective date of this Ordinance, the Sewer Easement described in Documents 2928405 and 291794 is vacated. Sec. 7: This Ordinance shall become effective 30 days following publication. Sec. 9: The City Clerk is directed to prepare a Certificate of Completion of vacation proceedings and to record the vacation in the office of the Hennepin County Registrar of Titles or Hennepin County Recorder, as appropriate. Passed by the City Council of the City of Richfield, Minnesota this July 23, 2013. Debbie Goettel, Mayor ATTEST: Nancy Gibbs, City Clerk EXHIBIT A LEGAL DESCRIPTION PARCEL A: Par 1: That part of the following described land and accretions thereto lying northerly of the northerly line of Registered Land Survey No. 1560 and its extensions: That part of Government Lot 3 in Section 28, Township 28, Range 24 described as follows: Beginning at a point on the East line of said Government Lot 3 distant 1060.94 feet South from the Northeast corner thereof; thence West at a right angle to said East line a distance of 176.5 feet; thence North at a right angle a distance of 16.00 feet; thence West at a right angle a distance of 123.5 feet to the Southerly extension of the West line of Block 1, "Ray's Lynnhurst 2nd Addition" thence South along said extension to its intersection with a line drawn parallel with and distant 192.67 feet South of the Westerly extension of the South line of the East-West alley platted in said Block 1, "Ray's Lynnhurst 2nd Addition"; thence West along said parallel line to its intersection with the Southerly extension of the East line of Block 2, "Ray's Lynnhurst 2nd Addition"; thence South along said Southerly extension to its intersection with a line drawn parallel with and distant 225.00 feet South from the South line of Lot 4, in said Block 2; thence West along said parallel line to its intersection with the Southerly extension of the East line of the North-South alley platted in said Block 2; thence North along said Southerly extension to the South line of the East-West alley platted in said Block 2; thence West along said South line and its extension a distance of 202.00 feet; thence Southwesterly to Judicial Landmark No. 7 set pursuant to Torrens Case No. A-2547 on the mean center line of the bed of Grass Lake; thence Southeasterly along said mean center line, determined in Torrens Case No. A-2547 to the Northerly line Registered Land Survey No. 1560, Hennepin County, Minnesota; thence Easterly, Southerly, Easterly and Southerly along the Northerly, Easterly, Northerly and Easterly lines of said Survey to the Southwesterly extension of the Northwesterly line of Tract A, Registered Land Survey No. 675, Hennepin County, Minnesota; thence Northeasterly along said Southwesterly extension and along the Northwesterly line of said Registered Land Survey No. 675 to the East line of said Government Lot 3; thence North along said East line to the point of beginning; except that part of the East 176.5 feet thereof lying Northerly of a line bearing South 82 degrees West (assuming the East line of said Government Lot 3 to bear North and South) from a point on said East line distant 1176.3 feet South of the Northeast corner of said Lot 3. Par 2: That part of Government Lot 3, Section 28, Township 28, Range 24, Hennepin County Minnesota, described as follows: Commencing at the intersection of the East line of said Government Lot 3 with the Northwesterly line of Tract A, Registered Land Survey No. 675, Hennepin County, Minnesota; thence on an assumed bearing of South 55 degrees 14 minutes West along the Northwesterly line of said Tract A and its extension a distance of 178.99 feet to the actual point of beginning; thence South 72 degrees 50 minutes 34 seconds East to the West line of Tract C, in said Registered Land Survey No. 675; thence Northerly along said West line to the Northwesterly corner of said Tract C; thence South 55 degrees 14 minutes West to the actual point of beginning. Par 3: Tracts A and B, Registered Land Survey No. 1560, Hennepin County, Minnesota. Torrens (Certificate of Title No. 1075759) PARCEL B: Par 1: That part of Government Lot 1 in Section 27, Township 28, Range 24 lying Southwesterly of the Southwesterly line of Lyndale Avenue South and Northwesterly of Registered Land Survey No. 675, Hennepin County, Minnesota. Par 2: That part of the following described land and accretions thereto lying southerly of the northerly line of Registered Land Survey No. 1560 and its easterly extension: That part of Government Lot 3 in Section 28, Township 28, Range 24 described as follows: Beginning at a point on the East line of said Government Lot 3 distant 1060.94 feet South from the Northeast corner thereof; thence West at a right angle to said East line a distance of 176.5 feet; thence North at a right angle a distance of 16.00 feet; thence West at a right angle a distance of 123.5 feet to the Southerly extension of the West line of Block 1, "Ray's Lynnhurst 2nd Addition" thence South along said extension to its intersection with a line drawn parallel with and distant 192.67 feet South of the Westerly extension of the South line of the East-West alley platted in said Block 1, "Ray's Lynnhurst 2nd Addition"; thence West along said parallel line to its intersection with the Southerly extension of the East line of Block 2, "Ray's Lynnhurst 2nd Addition"; thence South along said Southerly extension to its intersection with a line drawn parallel with and distant 225.00 feet South from the South line of Lot 4, in said Block 2; thence West along said parallel line to its intersection with the Southerly extension of the East line of the North-South alley platted in said Block 2; thence North along said Southerly extension to the South line of the East-West alley platted in said Block 2; thence West along said South line and its extension a distance of 202.00 feet; thence Southwesterly to Judicial Landmark No. 7 set pursuant to Torrens Case No. A-2547 on the mean center line of the bed of Grass Lake; thence Southeasterly along said mean center line, determined in Torrens Case No. A-2547 to the Northerly line Registered Land Survey No. 1560, Hennepin County, Minnesota; thence Easterly, Southerly, Easterly and Southerly along the Northerly, Easterly, Northerly and Easterly lines of said Survey to the Southwesterly extension of the Northwesterly line of Tract A, Registered Land Survey No. 675, Hennepin County, Minnesota; thence Northeasterly along said Southwesterly extension and along the Northwesterly line of said Registered Land Survey No. 675 to the East line of said Government Lot 3; thence North along said East line to the point of beginning. Par 3: All of Tract A; Tract B, except the northwesterly 15 feet of said Tract B, and except that part of the southwesterly 55 feet of said Tract B lying southeasterly of said northwesterly 15 feet thereof, all in Registered Land Survey No. 675, Hennepin County, Minnesota. Together with a non-exclusive easement for driveway purposes over the Northwesterly 15 feet of Tract B, Registered Land Survey No. 675, Hennepin County, Minnesota as shown in deed Doc. No. 536923; (as to land in Par 3). Torrens (Certificate of Title No. 1169344) 3 4 Li Exhibit A i,... . , (2) ,..J 36 75 \\-i , 14-----jg S . ..,. 1 1 t CS/ 7 Li, EI4`2.6U 82° 1 I, 01 8 8 g. . , g (84) .- —i 1.--i . - i I'''. 4) 4, :23.. 5 .... ,,, . • 1 38.5 75, ..... 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Q'_;: �,:4err, g� ► ) ,fit"'1.-. o a LEO*OFSCRIPIION:IP.Commanumk land Mk In,same Company,liclAmended C'tmmmam(9002011h TUC Insurance f ile No.310931.with.O&M:date of Seim..22,30111 �' 4 \ A` •R].t °'roars rE1 - `\ 7� P•roen•e'lee•w•. m•rdN'.r IRC-stared a I. •• \ \ 5 i \ 4 l' °(s•''e Ay-ae _E■PAIE�:I B ,r�• \ i \ to-0 Y.n,b°IM6.'urwSn9at°.".�!I,Mae rap(ifap-Ina, O 7i tin.6' /� par 1'. \ 5 a PARCEI.A: \ \ SC, \ L + R 4 n `q� I /l 3 _tb moos.Yvn aln k° Pad: i That Worth,b..log dna<ibcd lad and mentions Omen bins nan6ny or the mNx,ly l'x afRYUU J land S:u,y No.1566 ad WCatofmv Th cc at me,ofn0aemm t Lot lin Safwo 23 Township 26,Range tad 'lothu fdbua:0:Mo:ngn•pvm an the EastSmarmid fbaamrent Lot 1 Meat 1060.94 RgSw'bfmm 0(x Nmhvl come dmaf,therm West at a ebb 'e'e!\ \\ __♦li' ' 'r,e 1••:"Y a p a� � \ Ss.t IqN•mNkbukiF lirc•dhdamc oft/63fwr,lknn North tl•delt mgkaduuN.of 16.00 fnC ISm N"ntdarigbl mac adw.md121.SfwebASanMlY ralwaion of the West lino ofBbcL 1,•RA\'SIYNYIIURSTIxO • y e \ \,a \ +� ��1 • ♦ Y. ADDITION'then.South alma said cetnPon to its mersalon Mth•hm dram parallel u iN tied Mom 191.61(Sou*crew WeNscdY mimeo of 6'e South Esc of the East-West alky&NJ in sad lick l,'RAYS LYNNIIURSI \ _ �. -2ND said Snob the Sowbelly of the of Block 2ND MN mid N. , Ia..t1`; -C�:l +,- fY • \ wfdal'ne draw n ponikl with and Mc 223.00 Ana South from to Soho km oila4,in said Block 2.theme Neal along said parallel lint to its tnhvineion..the Soothed,sesmien or the Eat line of the Na.h-Small alley&Pdm \\ �• thCxq,,, "�, PARC6E,19•', t'Cv - J `�P•rA satd Nkxt 2:thece Nosh aMgbld SMech Memknb dr South line ufthe Gn-Weal alk5 p4tWkmd Plod 2:thnne Wed•amg mid Secah line and ha combo a dsume of 21e 00 ovotsorr SuurMededs M ldichl • aid Pere f \ Lu6avA No.7 ad pursuant ro Tames Can No.A.2547 an the aemcam line Drib bed ofOrts Lake:thmeeS°utheamiy Oros saki meal mw lmedebmaNc Tmena Cate No.A-?561athe Nonhay lane Resisld Land ;1:,;:;; ;, as O l A. No. La.dSuney No.673.Ike.*County.nty.Femp,S diem,6ctedy W 6onTrdy•hodmcurdy d entomb,sod lonMy'uJwessal limo(daWRegiMb tLo SeSurrey o.675 emotion he Milne n6.M lard Tnn I'_�•r ♦ S$ 6,6` Yfa '''' '4`••A.Registered lam.Suneyt le canikuxpi'Coum,.Slmeept stpa NteEast1 a.5fectJSoudweetly of ad•baring ouMwNemo Wen(burning rnigthe Load e*s No.6)SbtbeF line of Nrth an sera Lot): "H \?\\ 0)n'SO.B-rti0( ,c• _ ft->.� , , °\ \ than<Nwthakmsud Fast l-neb6a16:1d6eohrou n.p earl conrof Fast ot3. lthrnvrl>mg NwNrnynr.krc6mr.:g sane ex dey<n Wnllavm'dq ax East 6x nand G,rmaarria labru Nmh,Manadl Y\3 C, w•-'• , \ u from*povanaidE kndi♦uo111 61k<tSnahnfdeNmOeulmrrrrafudld). ]•� \ `12� \\, No1�s,1 36 i- - \a. �\ \� Z Par s _ 1;` •V •- 1 \1\r \JSS4p9 5- SO E.a•� ..jj� -_ /t l \4 , O Thep..Orr,nnmrt La 3 Section M.Township 74,Range 24,I 1v y:n Cawl hlmmomdec4a b follow,Commencing the intc,nfun nfdm Eno arc arudoommen.in 3with Norte°co ray In:or Frul A, �• \ 7E• 4`'• + �'.tr � N Raanhdl•nd Soup No.673 IleeemTn Couny,Midrvla:dme men mw dbearing of South 55&mem 14 m'wlnWest aloes A NO lie tKdy Iane olMA Dael A and iu anrouioo•dade'n of l]R.99 Feee a the xtml point \ \ I' ' \\\ _. :9a( 4,', Ap T(S 1 r$ \'•-' ,'�'-4 �• \N dfhoginin.wnceScA72 deglec,We9•ota51 woods East 10 De Wait line orrr«1 C.n utd Resisted land Sung No 6Th;th a Nonhed,alias bid.ea W u theNw.OW)MO/fa Trust C:them Scud 55 --'e' ' eg 11' es W Me ul point f \ _ / ,_,r-j'9, •.i Y; _ •. \ \ 0. or �', \ �_- I °a K{ 0.9� Ii ls•,h ,a.+•a \ \\ y f♦'y° \ Pal \\ `' �. ' "'r° 1�4 H-'- ra ,.....:„4.-.,Y �• P 2r O Pi Trove Aand B.Regl terrdl dSanr)NL ISM.Ikmepin Co UnY.Elunn'xa , �. \ ' :a♦°°g��� I i ,'{ff,jAP..peu� e A 1,1/1.1.::2'' lomns(CMiOcxe of lOk No.1075159) \ le' r" r6yq+�yy�• PAkcM.N �/• �./� \` / \1 �iT,o4o L.,�/-2'ea I *titA�rs0 va - ✓.t \ O 1-■ Par r 1 y^^ h3 ltia'noos�� a ll+al°'' „ W O to to 1Nlrynof(ksemnnntldlmSUtm2'.lnwnah'p 2K K 1.•20 ice SmNx.udyoflho Southwesterly line of Lyukk'Nmou Stwrland NCMwe,LdyalRea'axnJ Land Suaq ln.6]311..mryinCw0y,61mn rNa \ / , / \ `1 0� I .''> '' „°ry \q•E'R-lgt/y _ , 'y, `, 2aGO y1 sI. / Z•Part. I • Mat rynofUr:folbxtinprAxnlad4nd and aemd,ux dxnblYmgmnhnly ofl6amMe+IY hoe of Rag ikn,llaml&nrl':a 1360 and'hau•.clYaatnasan' \ / i 1 \ '.rte 800c Cn '.13 "�a� 6 1961,-0' / O That pan nr(ro,<n:mans LNlto saal:�.26.Tawr'■b'p2N.R,aa<2(aa,ali6aJmrdinw,:i stns' x. \ I ` /� o 610 6su �'N \. 0,e• / n X Y N point amid la lOLO.w led South Dam the Nn•Amd comet them N"mtarffl \\ / , '' R'M6dd MY°S4f 1'.e N%• `.� "<4 w a angle b mid Fact linen dibuxe of 1165 fm;theme Nnnh el o risk snob•Mom.of 1600 rep;thence Nut at a riahl area a Mime,' attic Sootedy°akmien orate N'ea kxaDlack L•RA15 IYNYIII:PST 2ND _\ \11 / / ` '�\ ND No.27-028-4-23-0065 8',,,..,..- e/ _ ADDITION'theme Snnh along mid eneo;ro MI6'Me .,l,6h•line du,n Louth!ti xh and distant 192.67 feet South soots WatNI,eeloulonnfthe SmthhneN;Ko EM-Nast Ailey piaud in said Block I.tRAYS LW:MD.0ST \ r/ 1 Al I f`t , '\ tea.`Yy Peg . 2ND AWDION';theme\5'naO'm8sad paralkllvseal(a bknretbnniN lb,Southerly e,kmknufthe PM Irmo(BloeL2."RAYS LYNNIIVN6T iNUAD0lf10N•;them SwUako{saki Southerly eaamian Mils F.knrctim / I '''• ,/ YP 7 nithaline drawn parallel with Graf distant 22500 fMSUthf n the South line of ld1.10 said Brxk 2:thence Won along and parallel lac to W intenantion with r4 Moberly odemieaofthe Fled line of the N 4"Souk Alm rimed in w/ ski Mock 2:theme Nunh Nang sold MIMI,Muiunb Ike Sock limo(the Fa.r1VestOmplaxlkand Bind 2:thenceWen along and South liar and W mlemim a ddane 0(30200 f«t:thaw,'Sc:xmnrniy a ludkial \ \ - a' ♦''°. °'q, ii LunWk No.7 set plasm laTmewa Nee No.A.3541 co the meanremer line oftx had orfmaa lake;ho•t.Southeasterly atone mid mean soon line,determined k TCroo Ca•eW A:l4I a the Nothedylo.Registered lx4 \ \•. _ . r c' -' ' @a ' Z (J Sinn No 1 560,11<mepin Coma,Miwwrok;then.Easterly,Soohed,E.ntcdy and Sm*ar0O'ms the NoMerly.L.tcdy.NmM,I)and Fogerty liars of said Sun ay to theSouth.n:ea)entaaina 0f the Nocheearl)lac of Text • • p"rq;i -i \ Z C Ce A.kgisx dIOM Sunny No.6'3.tuncpn L'ouny,krnneaM:thence N'mheenal)along bid Fn.I calmly caN,nion and along the NoMUn4rl5'line amid Rem, c0(lard Survey Nn 615th the rust ter ofNOD...mat 1 x11: / theme North aims aid last limb/1c point orb:sinning ., \ O J Tar): U o Ali of Text A: Teat 11.meant the Pont.ey NS M5,I onbiJlraaMi.and v,c.p Out pan crew wudssrxled)35f Iafsatd)rrt nyine wwhv ley of arid m.hwaduy l3f thereof. all isfty2vad lava St,eY Nn.6i5,Ikmep:n County.klanexw W 1-1 Togah ua.kh..looftitiss<<°se10)44) Neewbpurp0us Ms(1/6 NrdueMily IS fat of INN B.Regaled land Sure,Nn.675.Deamp.County,Munaxaa•ssh.nsn to Aedll,No 5169:1;In to lad in Pull 1� TNrrns(t'rdiRc•k of Tide No 11001144) GE < ADDITIONAL PARCEL DESCRIPTIONS I.Fee aimpic mcmehip Is,raed(n k«eho Rkblied LLC,a Minna,.limited liability merely. PhTEXSU.N PARCEL: 2 Arr.of N'rn,yi•43nA26,q R to 9.44•ern Sat Area Tabs!pared SA. P0.0PkRTY ULSfRIPIION parcel A:355.620 p.n 050.1]acre. AREA TA9tF per Cannnlmnl for Tx:e human.by('m6m nweald Laud 1010 Imvrox<('nmpsoy CeoMwOw Nn]11S.O PROLYNIOA,slobs eJAN Ua:e aid Tam.of Recording r.rcrl O: 7aO6 sq.ra p 177.cm 1.honest,uonuuIC°nil:<AC or'Title No lOfl^59 and I169N{) Panel A' 333AIhq fl. I, 5o5 PM I. PusNn 2].206 p.R nth)]urn OPIL 'lbat rynaf<kscannons La 1,Seetiun Sx,ircvahip24.Rup21 decanted e5 rollout 4.ingan,15zoned PC-2'Named humxned lharic0 underyplimbk."nine rcpt.... Pvm.rn p.ct: 21.531p II ea 1hercbycmifya The Coaxnmrf:nwp.Im.n)„akA,a hlxre,ou corporation,Rancho RieHied REVISIONS S.S'@Irk nlumtxanrr,,t CltynfRichfield snip l'ucel: ,1,150p 0.0m6«m LLC.a6lirmvxa Wi;tNl.16i..000 Vo;C'rmxxnwedh Lund Tale lnatone<(brtyuni:Loral BeR'mingat+point on the Pact line GI said tlSonment IN l dow1111.1 feN Stith them the Northeast caner ofalA Got ammo in l;henem an asaumnlbean,of Noah along bid I'm leer a Mum of 7016 fee,themr(t'°st . In:oto0flS pp.Cr<ph•rxim,a New Ynkm""Impn'fnm m.lhellcnm;"hwnl Montage SRacla 00itt llniMnp ArnvN)Nui6ln6 Ihsn ndR<A,c p '111p f ). Si,ngbt x'Jk•dn..snn:ofl'A.Sla.tb our sand NOrigEr angle adNmaa nl93.1rfxr.mom*loca is an krsnxri,a with al'ne bomb)SmdA?Ages.Net ken dm mint nflvY'n:.ng.IMme NadelAgn.,tvl l-At1l:.t. Intl Aaa' 450111th ) par yen nakar'd meth.:I boost Co.of Side tome ofk.a0(a pool nth MOM, Frontage AS Ied J3f t •W II or mg• rryrmnt AUONia.• filiu'bud Rex(alya.nt to R.001 20 rent *fed of Mumma;The llousrq>.d Red e4tpmmtAthn:y in and air the('nyof RieMklJ.apuM1li: PAR 2• Sib 1+11:x<N a R.011 2u feel 2n(OH bhnl)'rorynaksod polxx w,kr the Dm of the Sale of 6iwrnw.r,and lA LYe�tn 6kua'po1:Nn Sid.' 0feet Bf•1 I Swaim Corporation' t hat p..0(Uoesenmcnt Let J.Secusn M.lec.rah:p 24,Rane<N,b e a m i n g at O R I.O'c last 100,1 mid Lot debut South II/616M how.,N AucwmeteraL thence Nerh en sad East line*t o r,thence South 33 ant.a Ihiana emirs that din ooJgpar•nd them-my oos(0A it is b»eJwere wude htmcduw. Nntba hoc Orawnpsol kl wid and dwat ll6.5 Net 11,1 arha Fact tine of mid Cncm°munt 130/lhrce South al with the 2011 Alhr.:ex:m SGdxJU lRrynimmnts for A,oi-I.E61 Land lab St jointly arid p.m rl MgErnmg nos u4l pn.Ikl limaalinrd.wn Swd 62 dcgm.Watt fro 0(r pu;m olMTxtingalrweN he?.lBm.fulb Intag:v.s.t RMt Imnkri+Iran';:..•:NN: IS NA 16and11and@t edliALTA 00110.0ndiinelaluhems ld,Hak 7(11kx,9,l 41,11.1314. 1x:611 Inxrkv Lnl Limladmn0Ibna R.I II Sfw, performed 1.11 Apial 7,2111 sad tkbdwr 11,2011 - w I farrow Ropey Cc nibble of lino Ne]31661) 6,Parkins Court•37 map!moo, 7.IMprop:Pith.wcw to l yc.klc Mom South.•Mmesdpab:x seat 0500 tytay:5 II I TM ad•Ima orb,pop.)to MOO L)'ntik.\suave Stith,Richfield.MN 53425. Py PRELMINARY CENIP P,1RClL: j. -Most oWOo bilnin hoc ben 00.1 trans•<,hmcn,A:iuAmown..Lid.y roc ke,Midmost dm repent(.earRobtJ ur M fold loest lOmagh the rakesortn,,(oo.e(n.(Cupp.0At.1ct■4a<110766.11.I6'oeser. memo/the todayImoo,.Eo,,tofield hamunMa mrsoos l4IooS.oa them cams t lam MAI .,fn•n(Tyo_Rrblield and(Mime monk Ihe saneN.mak,mpomace.'5 aid UeQgrouMucl,ioah.rwn romp..: rn.,..r a. ]Ylae ell such unlnica a OM area.eithu i000 t,ac...mil lb simmer(mho dm not mom Out.o unokrg°anl elem shown arc in the moo 0 I',iiv0e,xd.otoiogh M,t.arniy es.rid)a.bowed aareraely at lavihk, Cedson NCCNr,Inc PNOpIKIY130 NY'NIPOItsN EROM PARCH IRAn6r1R' lam inf:Mire ate bla Ihe tune,ha,rate ohm:rally Mead the ucbgeo.td.,bee a•nyea cOS t4on d'ggire n•rtrtfioober 5:ate ON fan fa..me location tab-CH-Milt Ike Nm Mscaer:y IS kecuf Ira111.R.yna•:dIanJSuney Nn 615.('aonrynfllaxp n. 10 IMprq,rly II,..In Ihd woo\Lamm dtnMmd to booi6:Je the 025,am.u1 cheese O,dWia1,Mg.,.'n I M.l',wew.Roc Slap l oom-oily I•xa3...Jno 1 7051C MSS f Ilerrspin Ceun.,Mmmott,p.Akdwd h) hefckralFmmcc)M-aaenxntSam)MethsApStNe..2.2001 menanosRa G001 363' Yho d.:c r f�C , II AGENDA SECTION: CONSENT AGENDA ITEM# 3B REPORT# 128 raga STAFF REPORT RICHFIELD CITY COUNCIL MEETING JULY 9, 2013 REPORT PREPARED BY: MARY TIETJEN, CITY ATTORNEY r E,Ti LE DEPARTMENT DIRECTOR REVIEW: !j /' .11!l �— fh ` `�� IGNATURE OTHER DEPARTMENT REVIEW: 0 /A A ..rrr i REVIEWED BY CITY MANAGER: , f'/ "'/ ITEMS FOR COUNCIL CONSIDERATION: First reading of an Ordinance amending the Richfield Code of Ordinances relating to tattoo, body piercing, body branding and body painting services. I. RECOMMENDED ACTIONS: Approve the first reading of the attached Ordinance: • An Ordinance relating to the Regulation of Body Art Establishments. II. EXECUTIVE SUMMARY The Richfield Code of Ordinances currently licenses establishments that provide tattoo, body piercing, body branding and body painting services 070913 First Reading Tattoo ordinance (collectively "body art"). In 2010, the State of Minnesota enacted a statute (Chapter 146B) that requires body art establishments and individual body art technicians to be licensed through the state, unless the city in which the business is to be located has an ordinance that meets or exceeds the requirements in the state law. If a city has a compliant ordinance, the State will grant waivers to businesses who wish to open establishments in those cities. The City's current Ordinance does not meet or exceed state statute. The proposed amendments will bring the City's Ordinance into compliance with state law and, in fact, the proposed amendments would exceed the requirements found in state law. III. BASIS OF RECOMMENDATION A. BACKGROUND The City currently does not have any body art establishments within its boundaries. "Grey Duck Tattoo" has approached the City and wishes to open such an establishment. The owner of the business requested a waiver from the State indicating that the City of Richfield already has a licensing ordinance. However, the State denied the waiver because the City's Ordinance does not meet or exceed the standards in the state law. This request is what prompted a review of the City's ordinance and the proposed amendments. The City of Bloomington will perform the health and safety inspections for body art establishments in the City of Richfield. Therefore, the proposed amendments incorporate the health and sanitation standards found in Bloomington's ordinance. This will aid consistency and uniformity in enforcement of these issues. The State of Minnesota has reviewed the proposed Ordinance and found that it is acceptable because it exceeds the requirements in state law. B. POLICY • If the City wishes to continue to license and regulate body art establishments, then its Ordinance must meet or exceed the requirements found in state law. C. CRITICAL TIMING ISSUES • Grey Duck Tattoo wishes to open for business as soon as possible and cannot obtain a waiver until the City Council approves changes to the Ordinance. D. FINANCIAL • N/A. E. LEGAL • The City Attorney drafted the proposed Ordinance and will be available to answer any questions. • If the City does not amend its Ordinance to meet or exceed state law requirements, no body art establishment wishing to locate in the City will be able to obtain a waiver from the State. F. ENVIRONMENTAL CONSIDERATIONS • N/A IV. ALTERNATIVE RECOMMENDATION(S) • The City could choose to repeal the current Ordinance in its entirety and allow the State to regulate and license body art establishments. V. ATTACHMENTS • Ordinance VI. PRINCIPAL PARTIES EXPECTED AT MEETING • N/A 3 BILL NO. AN ORDINANCE AMENDING SECTION 630 OF THE CODE OF ORDINANCES RELATING TO THE REGULATION OF BODY ART ESTABLISHMENTS THE CITY OF RICHFIELD DOES ORDAIN: Section 1. Subsection 630.01 is amended to read as follow: 630.01. Regulation of ho •- !_'..rt•es.:-.111isinnen --tottoo—body jr—bott-bcandi .and bocly•-pitifttinif-senwiees. Subd. 1.Purpose statement. The purpose of this section is to regulate the business of body art . - :•- •- . -: - .•- •- in order to protect the health and welfare of the general public. The principal objectives of this Section are: therefore protect the general health and welfare of the community. ca)_____Ta_prevent disease transmission; Lb) To correct and prevent conditions that mav adversely affect persons utilizing body art establishments; (c) To provide standards for the design, construction, operation, and maintenance of body art establishments; and 01 To meet consumer expectations of the safety of body art establishments. Subd. 2. Sco...e. This Section shall a iv to all ,ersons )erformin? hod art procedures and all body art establishments where tattooing and body piercing are conducted. Subd. 3. Exemprtium Board-certified medical or dental personnel that tattoo, pierce or remove tattoos as part of a medical or dental procedure are exempt from this Section. Persons piercing only the outer perimeter or lobe of the ear using pre-sterilized single use stud and clasp ear-piercing system are exempt from this Section's license requirement. Subd. 4. ,;.er.0.111...b.itions.,, No person shall: (a). Conduct branding,cuttina, subdermal inmlantation. microdermal. suspension. tongue bifurcation. or scarification of another person; (b) Tattoo a minor; c Pierce or tattoo the (Y e nit al i a or niy les of a minor: id) Practice tattooirto 01:piercing while under the influence of alcohol, controlled substances as defined in Minnesota Statutessection 152.01, subd. 4or hazardous substances as defined in the rules adapted under Minnesota Statutes. Chapter 182; or (e) Qperate a body art establishment orperform body art procedures as described in this Section without a license. 426048v1 MDT RC160-3 1 - a Sec. 2. Subsection 630.03 is amended to read as follow: 630.03.Definitions. For purposes of this subsection the terms defined in this subsection have the meanings given them. . .. . . _ . medical practitioner. "s o: . ., . :" •• . - - 'ng or burning a mark or figure on the skin of a person with a hot eb;ect er f ome. •. . . . "t-- .. - :11 .. • -- -- - , • - . .. - - -- -- - - - .. . other offensive, unsightly, or extraneous matter. __ and sound condition. Subd. 7. "Enforcement Officer" means the Director of Public Safety or designee. . . . :. " . . • ". \• - - - I . . •- - - - - . Subd. 9. "Tattooing" means the marking of the skin of a person by insertion of Subd. 1. "Aftercare"means written instructions given to the client, specific to the procedure(s) rendered, on caring for the body art and surrounding area. These instructions must include information on when to seek medical treatment. Subd.2. "Antiseptic"means an agent that destroys disease-causing microorganisms on human skin or mucosa. Subd.3. "Apprentice"means a person working under the direct supervision of a licensed technician(s),in a licensed body art establishment to learn the skills of the trade. Subd.4. "Apprenticeship"means an agreement an apprentice has with a licensed technician(s)learning the skills of tattooing or piercing while working under the direct supervision of a licensed technician(s)in a licensed establishment. Subd.5. `Body Art"means physical body adornment using,but not limited to,the following techniques:body piercing,tattooing,and cosmetic tattooing.This definition does not 426048v1 MDT RC160-3 2 3e - 3 include practices that are considered part of a medical procedure performed by board certified medical or dental personnel,such as,but not limited to,implants under the skin. Such medical procedures shall not be performed in a body art establishment.This definition does not include piercing of the outer perimeter or lobe of the ear usingpre-sterilized single use stud and clasp ear piercing system. Subd.6. `Body Art Establishment"means anv structure or venue,whether permanent, temporary,or mobile,where the practices of body art,whether or not for profit,are performed. Mobile establishments include vehicle-mounted units,either motorized or trailered,and readily moveable without dissembling and where body art procedures are regularly performed in more than one geographic location. Subd.7. "Body Piercing"means the penetration or puncturing of human skin by any method, for the purpose of inserting jewelry or other objects, in or through the human body. Body Piercing shall not refer to any medical procedure performed by board certified medical or dental personnel. Also, Body Piercing shall not refer to the puncturing of the outer perimeter or lobe of the ear using pre-sterilized single use stud and clasp ear-piercing system. Subd.8. "Body Scarification"or"Scarring"means any method of applying a scar to the body for the purpose of creating a permanent mark or design on the skin. Subd.9. "Branding"means any method using thermal cautery,radio hyfrecation, striking or any other method using heat,cold,or any chemical compound to apply a scar to the body for the purpose of creating a permanent mark or design on the skin. Subd. 10. "Clean"means the absence of dirt,grease,rubbish,garbage,and other offensive,unsightly,or extraneous matter. Subd. 11. "Contaminated Waste"means any liquid or semi-liquid blood or other potentially infectious materials;contaminated items that would release blood or other potentially infectious materials in a liquid or semi-liquid state if compressed;items that are caked with dried blood or other potentially infectious materials and are capable of releasing these materials during handling;sharps and any wastes containing blood and other potentially infectious materials,as defined in Code 29 of Federal Regulations Part 1910, 1030,known"Occupational Exposure to Bloodbome Pathogens." Subd. 12. "Cosmetic Tattooing"-also called micropigmentation or permanent makeup. See definition of tattooing. Subd. 13. "Cutting"means the practice of cutting the skin,mucosa or part of the body to create a permanent scar or division of tissue for the purpose of body art. Cutting shall not refer to any medical procedure performed by board certified medical or dental personnel. Subd. 14. "Disinfection"means the destruction of disease-causing microorganisms on inanimate objects or surfaces,thereby rendering the objects safe for use or handling, Subd. 15. "Equipment"means all machinery,including fixtures,containers,vessels, tools,devices,implements,furniture,storage areas,sinks,and all other apparatus and appurtenances used in the operation of a body art establishment. 426048v1 MDT RC160-3 3 38 Subd. 16. "Establishment Plan"means a to-scale drawing of the establishment's layout illustrating the requirements of this ordinance. Subd. 17. "Good Repair"means free of corrosion,breaks,cracks,chips,pitting, excessive wear and tear,leaks,obstructions,and similar defects so as to constitute a good and sound condition. Subd. 18. "Guest Artist"means a person who performs body art procedures under a current technician license or meets the apprenticeship requirements of subsection 630.07, subd. 8. Subd. 19. "Handsink"means a lavatory equipped with hot and cold water held under pressure,used solely for washing hands,wrists,arms or other portions of the body. Subd.20. "Health Authority"means the designated agent of the City to perform health and safety inspections and other delegated duties. Subd.21. "Issuing Authority"means the Director of Public Safety or designee. Subd.22. "Hot Water"means water at least 110 degrees Fahrenheit. Subd.23. "Implanting"means to fix or set securely an object in or under tissue and includes, but is not limited to, 3-dimensional body art applications. Implanting does not include medical procedures including, but not limited to,pacemaker insertion, cosmetic surgery,and reconstructive surgery performed by board certified medical and dental personnel. Subd.24. "Jewelry"means any personal ornament inserted into a newly pierced area. Subd.25. "Liquid Chemical Germicide" means a tuberculocidal disinfectant or sanitizer registered with the Environmental Protection Agency. Subd.26. "Microdermal"means a single-point perforation of any body part other than an earlobe for the purpose of inserting an anchor with a step either protruding from or flush with the skin. Subd.27. "Operator"means any person who controls, operates, or manages body art activities at a body art establishment and who is responsible for compliance with these regulations,whether actually performing body art activities or not. Subd.28. "Person"means any individual,partnership, corporation, or association. Subd.29. "Procedure Area"means the physical space or room used solely for conducting body art procedures. Subd.30. "Procedure Surface" means the surface area of furniture or accessories that may come into contact with the client's clothed or unclothed body during a body art procedure and the area of the client's skin where the body art procedure is to 426048v1 MDT RC160-3 4 3S -5 be performed and the surrounding area,or any other associated work area requiring sanitizing. Subd.31. "Remodel"means any change to the current establishment requiring either a building or trades permit for the work to proceed. Remodel does not include changes to the front desk area,waiting area,painting,wallpapering, or carpeting, even if a permit is otherwise required. Adding a new workstation,plumbing changes, or expanding into an adjacent space to add workstations are examples of remodeling. Remodeling also means any changes to an establishment plan previously submitted to the Health Authority. Subd.32. "Sanitization"means a process of reducing the numbers of microorganisms on clean surfaces and equipment to a safe level. Subd.33. "Safe Level"means not more than 50 colonies of microorganisms per 4 square inches of equipment or procedure surface. Subd.34. "Scarification"means an indelible mark fixed on the body by the production of scars. Subd.35. "Sharps" means any object, sterile or contaminated, that may purposefully or accidentally, cut or penetrate the skin mucosa including, but not limited to, pre-sterilized single use needles, scalpel blades, and razor blades. Subd.36. "Sharps Container"means a closed,puncture-resistant, leak-proof container labeled with the international biohazard symbol,used for handling, storage, transportation and disposal of sharps. Subd.37. "Single Use"means products or items intended for one time use and are disposed of after use on each client including, but not limited to, cotton swabs or balls, tissues or paper products, paper or plastic cups, gauze and sanitary coverings,razors, piercing needles,tattoo needles, scalpel blades, stencils, ink cups, and protective gloves. Subd.38. "Standard Precautions"means guidelines and controls published by the Center for Disease Control (CDC) as guidelines for prevention of transmission of human immunodeficiency virus and hepatitis B virus to health-care and public-safety workers" in Morbidity and Mortality Weekly Report(MMWR), June 23, 1989, Vol. 38, No. S-6, and as "recommendation for preventing transmission of human immunodeficiency virus and hepatitis B virus to patients during exposure-prone invasive procedures,"in MMWR,July 12, 1991,Vol.40,No.RR-Subd.T. This method of infection control requires the employer and the employee to assume that all human blood and specified human body fluids are infectious for HIV,HVB and other blood pathogens. Precautions include handwashing,gloving,personal protective equipment,injury prevention,and proper handling and disposal of needles,other sharp instruments,and blood and body fluid contaminated products. Subd.39. "Sterilization"means a process resulting in the destruction of all forms of microbial life,including highly resistant bacterial spores. Subd.40. "Subdermal implantation"means the implantation of an object entirely below the dermis. 426048v1 MDT RC160-3 5 38 - C9 Subd.41. "Suspension"means the piercing of human tissue with large gauge fishing hooks or other piercing apparatus to raise or lower a person with pulleys or other apparatus. Subd.42. "Tattooing"means any method of placing ink or other pigments into or under the skin or mucosa with needles or any other instruments used to puncture the skin,resulting in permanent coloration of the skin or mucosa.This definition includes all forms of cosmetic tattooing. Subd.43. "Technician"means any person licensed by the Minnesota Department of Health and registered with the City under this Section who conducts or practices body art procedures at a body art establishment. Subd.44. "Temporary body art establishment"means any place or premise operating at a fixed location where an operator or technician performs body art procedures for no more than four (4)continuous days,in conjunction with a single event and not more than four(4)events in a calendar year. Subd.45. "Tongue bifurcation"means the cutting of the tongue from the tip to the base,forking at the end. See. 3. Subsection 630.05 is amended to read as follows: 630.05.License required. No person shall own or operate any body art establishment without a body art• establishment license - • -• _ •-- • - :, •-- : --- =••- practiced,nor shall any person engage in the practice of body art tattooing,body piercing, - . . ... .••- •-: without first procuring a technician registration license from the Issuing Authority !- : ••- . : ' • : • .. - . Licenses must be prominently displayed in a public area of the establishment. Sec. 4. Subsection 630.07 is amended to read as follows. 630.07. contents of application fin- Subd. 1.Forms. Every application for a license under this subsection shall be made on a form supplied by the Issuing Authority Department of Public Safety. Subd. 2. Contents of application. In addition to information which may be required,the applicant shall state whether the applicant is a natural person, corporation, partnership, or other form of organization. Subd. 3.Additional information: natural persons. If the applicant is a natural person, the following information shall be furnished: (a) The name, place and date of birth, street residence address, and phone number of the applicant. (b) Whether the applicant has ever used or has been known by a name other than the applicant's name, and if so, the name or names used and information concerning dates and places where used. 426048v1 MDT RC160-3 6 (c) The name of the business if it is to be conducted under a designation, name, or style other than the name of the applicant, and a certified copy of the certificate as required by Minnesota Statutes, section 333.01. (d) The street addresses at which the applicant has lived during the preceding five (5) years. (e) The type,name and location of every business or occupation in which the applicant has been engaged during the preceding five(5) years, and the name(s) and address(es) of the applicant's employer(s) and partner(s), if any, for the preceding five (5) years. (f) Whether the applicant has ever been convicted of a felony, crime, or violation of any ordinance other than a petty misdemeanor. If so,the applicant shall furnish information as to the time,place and offense for which convictions were had. i. -- . .. '-. . . .. . . .. • - :� ... • governmental unit. (h) The location of the business premises and the legal description thereof. payable for the premises to be licensed have been paid, and if not paid,the years and amounts that are unpaid. (j) Whenever the application is for premises either already in existence, Safety may require. Subd. 4.Additional information:partnership. If the applicant is a partnership, the following information shall be furnished: (a) The name(s) and address(es) of all general and limited partners and, for each general partner, require the information under subdivisions 3 and 6 of this subsection. (b) The name(s) of the managing partner(s) and the interest of each partner in the business to be licensed. (c) A true copy of the partnership agreement shall be submitted with the application. If the partnership is required to file a certificate as to a trade name pursuant to Minnesota Statutes, section 333.01, a certified copy of such certificate shall be attached to the application. Subd. 5.Additional information: corporation. If the applicant is a corporation or other organization, the following information shall be furnished: (a) The name of the corporation or business formed, and if incorporated,the state of incorporation. 426048v1 MDT RC160-3 7 (b) A true copy of the certificate of incorporation. If the applicant is a foreign corporation, a certificate of authority as required by Minnesota Statutes, section 303.06, shall be attached to the application. (c) The name of the manager(s)proprietor(s), or other agent(s)in charge of the business and, for each such person,the information required under subdivisions 3 and 6 of this subsection. Subd. 6. All a..licants. All as.licants must furnish the followin• information: (a) Whether the applicant holds a current tattooing,body piercing,body branding or body painting license from any other governmental unit. (b) Whether the applicant has previously been denied a tattooing,body piercing, body branding or body painting license from any other governmental unit. (c) The location of the business premises and the legal description thereof. (d) Whether all real estate and personal property taxes that are due and payable for the premises to be licensed have been paid, and if not paid, the years and amounts that are unpaid. (e) Whenever the application is for premises either already in existence, planned or under construction or undergoing substantial alterations, the application shall be accompanied by a set of preliminary plans showing the design of the proposed premises to be licensed. If the plans of design are on file with the City of Richfield, building and inspection division, no plans need be submitted to the Issuing Authority. (f) Whether the applicant has had a license for body art revoked or denied by the City or any other governmental body within three (3) years before the application date. (g) The applicant's hours of operation, on-site management and parking facilities. (h) An executed data privacy advisory and consent form authorizing the release of criminal history information for each of the individuals, partners and corporate officers having an interest in the business. (i) Proof of Worker's Compensation Insurance as required by Minnesota Statutes, Section 176.182 and the applicant's Minnesota business tax identification number, as required by Minnesota Statutes, Section 270C.72. (j) The website and electronic mail address for the business and each of the individuals, partners, and corporate officers having an interest in the business. (k) Such other information the City Council or the Department of Public Safety may require. Subd. 7. Technician Registration. An application for a body art technician registration shall be made on a form supplied by the Issuing Authority and shall request the following information: cal The applicant's name and current address. (b) The applicant's current employer. cs). The applicant's employers for the previous five(5)years,including the employer's name,address and dates of employment. 426048v1 MDT RC160-3 8 -� (d) The applicants addresses for the previous five (5) years. The applicants date of birth,home telephone number,weight,height,color of eyes, and color of hair. (f) Whether the applicant has ever been convicted of any felony,crime,or violation of any ordinance other than a minor traffic offense and,if so,the time,place,and offense for which convictions were had. (g) Whether the applicant has ever used or been known by a name other than the applicants name,and if so,the name or names and information concerning dates and places where used. (h) Description of body art procedures to be performed. Name and business address of licensed body art establishment(s)where body art procedures will be performed. (j) Currentproof of successful completion of an approved course on bloodborne pathogens and prevention of disease transmission. Courses considered approved may include those administered by the following:the American Red Cross,United States Occupational Safety and Health Administration(OSHA),or the Alliance of Professional Tattooists. (k) Each technician registration application shall include proof of training and experience,which may include a signed affidavit as proof of completion of supervised apprenticeship for a minimum of 200 hours in the area which the applicant is seeking a license or current license issued from another health agency. (1) Proof of licensure by the State of Minnesota Department of Health. (ml Such other information as the City Council or Issuing Authority shall require. Subd. 8. Apprenticeship and Guest Artist Procedures. (a) No person shall start an apprenticeship or conduct body art procedures as a guest artist, until a licensed and registered technician registers the apprenticeship or guest artist with the Issuing Authority on forms provided by the Issuing Authority. The following information is required for registration: (1) The name and address of the licensed establishment where the apprentice or guest artist will be training or working; (2) The name of the apprentice or guest artist. (3) The name(s) of the licensed and registered technician(s) conducting the apprenticeship or sponsoring the guest artist. If more than one person is conducting the apprenticeship,then a lead technician must be identified on the application; (4) The starting date of the apprenticeship or guest artist (5) The anticipated completion date of the apprenticeship or guest artist; and (6) Proof of licensure by the State of Minnesota Department of Health. (b) At least one of the licensed and registered technician(s)listed in(a)(3)above,shall be present at all times when the apprentice is conducting body art procedures. (c) The sponsoring licensed and registered technician is not required to be present at all times when a guest artist is conducting body art procedures if the guest artist provides to the Issuing Authority,upon registration,the information required in subsection 630.07,subd.7(j)and(k). 426048v1 MDT RC160-3 9 (d) An apprentice shall complete a minimum of 200 hours of training under the direct supervision of licensed and registered technician(s)before becoming eligible for a technician license and registration. (e) The length of time the guest artist may conduct body art procedures shall not exceed 30 days per calendar year per licensed establishment. If the length of time exceeds this,then the guest artist shall apply for a technician license with the Minnesota Department of Health and register as a technician with the Issuing Authority. (f) If the apprenticeship or guest artist procedure is not followed,the person, apprentice,or guest artist and/or licensed technician(s)conducting the apprenticeship may be subject to penalties. Subd.6 9. Execution. The application must be executed as follows: (a) An application by a natural person, by that person; (b) An application by a corporation, by an officer of the corporation; (c) An application by a partnership, by a partner; (d) An application by an incorporated association, by the manager or managing officer. Any falsification on a license application shall result in the denial of a license. Sec. 5. Subsection 630.09 is amended to read as follows: 630.09.Application verification find ponsid ratio . Subdivision 1. All applications shall be referred to the Department of Public Safety Issuing Authority for verification and investigation of the facts set forth in the application, including any necessary criminal background checks to assure compliance with this subsection. Subd. 2. Consideration. Within a reasonable period of time after the coin•letion of the license verification process by the Issuing Authority, the Issuing Authority shall accept or deny the license application in accordance with this subsection. The notice shall be mailed by regular mail to the applicant at the address provided in the application and it shall inform the applicant of the applicant's right, within twenty (20) days after receipt of the notice by the applicant to request an appeal of the Issuing Authority's determination to the City Council. If an appeal to the City Council is timely received by the Issuing Authority,the hearing before the City Council shall take place within a reasonable period of time after receipt of the appeal by the Issuing Authority. Sec. 6. Subsection 630.11 is amended to read as follows: 630.11.License period and fees. Subdivision 1.Amounts Fees and Term_The license fees are is fixed in appendix D. The term of the a license is the calendar year or the remaining portion thereof. Licenses will not be prorated. Licenses expire on December 31 of each year. 426048v1 MDT RC 160-3 10 35 - 1 Subd. 2.Payment. At the time of an original application for a license, the license fee shall be paid when the application is filed. At the time of renewal of a license,the total license fee shall be paid when the application is filed. Licenses expire on December 31 of each year. Subd. 3.Investigation fee. At the time of each original application for a license, the applicant shall also pay an investigation fee set by appendix D. If the expenses of the investigation exceed the investigation fee, the public safety department staff Issuing Authority shall so notify the applicant and shall require the applicant to pay an additional investigation fee as provided in appendix D which the Public Safety Director deems necessary to complete the investigation of the applicant. The applicant shall pay such an additional investigating investigation fee within five (5) days after notification. If such additional investigation fee is not paid within the five (5) day period, the City will give no further consideration to the application. Subd. 4.Refunds. No part of a license or investigation fee shall be refunded except in accordance with this subsection. Sec. 7. Subsection 630.13 is amended to read as follows: 630.13.Persons ineligible for license. Subdivision 1.No license shall be issued to an applicant who is a natural person if such applicant: (a) Is a minor at the time the application is filed; (b) Has been convicted of any crime directly related to the occupation licensed as prescribed by Minnesota Statutes, section 364.03, subd. 2, and has not shown competent evidence of sufficient rehabilitation and present fitness to perform the duties of the licensed occupation as prescribed by Minnesota Statutes, section 364.03, subd. 3; (c) Does not have the legal authority to be employed in the United States; or (d) Is not of good moral character or repute; (e) Knowingly falsifies or misrepresents information on the license application; (f) Owes taxes or assessments to the State,County, School District or City that are due and delinquent; (g) Is not the real party in interest in the business to be licensed; or (h) Has had a license for body art revoked or denied by the City or another governmental body within three (3) years before the application date. Subd. 2.No license shall be issued to a partnership if such partnership has any general partner or managing partner: (a) Who is a minor at the time the application is filed; (b) Who has been convicted of any crime directly related to the occupation licensed as prescribed by Minnesota Statutes, section 364.03, subd. 2, and who has not shown competent evidence of sufficient rehabilitation and present fitness, to perform the duties of the licensed occupation as prescribed by Minnesota Statutes, section 364.03, subd. 3; 426048v1 MDT RC160-3 11 38--) a (c) Does not have the legal authority to be employed in the United States; Of (d) Is not of good moral character or repute; (e) Knowingly falsifies or misrepresents information on the license application;. ff) Owes taxes or assessments to the State, County, School District or City that are due and delinquent; (g) Is not the real party in interest in the business to be licensed; or (h) Has had a license for body art revoked or denied by the City or another governmental body within three (3) years before the application date. Subd. 3.No license shall be issued to a corporation or other organization if such applicant has any manager,proprietor, or agent in charge of the business to be licensed: (a) Who is a minor at the time the application if filed; (b) Who has been convicted of any crime directly related to the occupation licensed as prescribed by Minnesota Statutes, section 364.03, subd. 2, and who has not shown competent evidence of sufficient rehabilitation and present fitness to perform the duties of the licensed occupation as prescribed by Minnesota Statutes, section 364.03, subd. 3; (c) Does not have the legal authority to be employed in the United States;Of (d) Is not of good moral character or repute; (e) Knowingly falsifies or misrepresents information on the license application; (f) Owes taxes or assessments to the State, County, School District or City that are due and delinquent; (g) Is not the real party in interest in the business to be licensed; or (h) Has had a license for body art revoked or denied by the City or another governmental body within three (3)years before the application date. Sec. 8. A new subsection 630.14 is added to read as follows: 630.14 Locations ineligible for a license. The following locations shall be ineligible for a license under this Section. Subdivision 1. Taxes Due on Property. No license shall be granted or renewed for operation on any property on which taxes,assessments,or other financial claims of the State, County,School District,or City are past due, delinquent,or unpaid.in the event a suit has been commenced under Minnesota Statutes,Section 278.01 -278.13,questioning the amount of validity of taxes,the City Council may on application waive strict compliance with this provision; no waiver may be granted,however,for taxes or any portion thereof which remain unpaid for a period exceeding one(1)year after becoming due. Subd.2. Improper Zoning. No license shall be granted if the property is not properly zoned for body art establishments unless the business is a legal,nonconforming use. Subd.3. Premises Licensed for Alcoholic Beverages. No license shall be granted or renewed if the premises is licensed for the furnishing of alcoholic beverages or is licensed as a sexually-oriented business. 426048v1 MDT RC160-3 12 N - ►3 Sec. 9. Subsection 630.15 is amended to read as follows: 630.15. General license requirements. Subdivision 1. General licensing requirements are as follows: (a) Minors. No person shall tattoo,pierce, brand or paint any person under the age of 18.No person shall pierce, brand or paint any person under the age of 18 except in the presence of, and with the written permission of,the parent or legal guardian of such minor. (b) Prohibition on license transfer. The license granted is for the person and the premises named on the approved license application.No transfer of a license shall be permitted from place-to-place or from person-to-person without first complying with the requirements of an original application, except in the case in which an existing noncorporate licensee is incorporated and incorporation does not affect the ownership, control, and interest of the existing licensed establishment. (c) Hours of operation. A licensee shall not be open for business for tattooing before 7:00 a.m. nor after 11:00 p.m. (d) Licensed premises. The body art . -:, ..- . - :, --• • -• body painting establishment license is only effective for the compact and contiguous space specified in the approved license application. If the licensed premises is enlarged, altered, or extended, the licensee shall inform the Issuing Authority ! •- - ' • • '- -• - . (e) Effect of license suspension or revocation. No person shall solicit business or offer to perform body art procedures tattooing, body piercing, body . ... ..•• _ - • - while under license suspension or revocation by the City. (f) Maintenance of order. The licensee shall be responsible for the conduct of the business being operated and shall at all times maintain conditions of order. (g) Employee lists. The licensee shall provide to the Issuing Authority Department of Public Safety a list of employees who perform body art procedures . -- :, --- .•- - _, •-- • - ' • •-- .• = at the licensed establishment and shall verify that each employee has received a copy of Section 630. (h) Liability insurance. All licensees of establishments shall have at all times a valid certificate of insurance issued by an insurance company licensed to do business in the State of Minnesota indicating that the licensee has current coverage of one million dollars ($1,000,000)for professional liability in the practice of body art. is currently covered in the licensed for such insurance shat be: - .. ... .. Such insurance shall be kept in force during the term of the license and shall provide for notification to the City prior to termination or cancellation. A certificate of insurance shall be filed with the City. 426048v1 MDT RC160-3 13 3B -1Li Subd. 2. Renewal of License or Registration. An application for the renewal of an existing license or registration shall be made at least thirty(30) days prior to the expiration date of the license or registration and shall be made in such form as the Issuing Authority requires. Within a reasonable period after the completion of the renewal license or registration verification process, the Issuing Authority shall accept or deny the license or registration application in accordance with this Section. If the application is denied, the Issuing Authority shall notify the applicant of the determination in writing and by regular mail to the address provided on the application form. The notice shall inform the applicant of the right, within twenty(20) days after receipt of the notice by the applicant, to request an appeal of the Issuing Authority's denial to the City Council. If an appeal to the City Council is timely received by the Issuing Authority,the hearing before the City Council shall take place within a reasonable period of receipt of the appeal by the Issuing Authority. Sec. 10. Subsection 630.17 is amended to read as follows: 630.17. ": - ::',Standards for health and safety. following regulations: (a) Lavatory requirement. Every place where tattooing,body piercing,body front design and readily cleanable. Easily cleanable, covered receptacles (b) Skin infection. No person having any skin infection or other dis ascs of the (c) Sterilization and disposal of bio hazardous materials. All needles and customer. All bio hazardous waste shall be disposed of in accordance with sterilizing solutions and methods are approved by the Department of (d) Skin preparation procedures. The following procedures shall be used for skin preparation: (1) Each operator shall wash their hands thoroughly with soap and 426048v1 MDT RC160-3 14 3 - 6 . ::•_:, ;:: :•- : ... . . . _ . ... .. . sterilized, disposable, razor blades shall be used. (3) The skin area to be tattooed,pierced, branded or painted shall be water, and sterilized with an antis- : - •- . •• - - (e) Operating furniture. All tables, chairs, furniture, or area on which a patron - - . . : •• .: : :.. . .nding or body painting shall be impervious body branding or body painting. (f) Towels. Every operator shall provide single service towels or wipes for (g) Garments of operator. Every operator shall wear clean garments when cleaning methods. (h) Pigments. Pigments used in tattooing shall be sterile and free from bacteria Department of Public Safety. (i) Minimum floor space. There shall not be less than 150 square feet of floor branding or body painting is conducted, and said place shall be so lighted and ventilated as to comply with the standards approved by the Department of Public Safety. - s - - . • - . .. ... illicit drugs. (k) Written instructions. The operator shall provide the person tattooed, skin during the healing process. (1) Living quarters. No place licensed as a tattoo, body piercing,body living or sleeping quarters. 426048v1 MDT RC160-3 15 3P -)� [CHECK NUMBERING—THIS MAY NEED TO BE CHANGED TO BE CONSISTENT WITH CODE] Subdivision 1. No person shall perform body art procedures in the City without complying with the following regulations: (a) Clients. (1) Minors. No person shall tattoo any person under the age of eighteen(18). Additionally,no person shall pierce a minor without written permission from a custodial parent given in person at the body art establishment Nipple and genital piercing is prohibited on minors regardless of parental consent. (2) Client Identification.Technicians shall require proof of age prior to performing procedures on any client.Proof of age is established by one of the following: (A) A valid driver's license or identification card issued by the State of Minnesota, or other state,and including the photograph and date of birth of the person; (B) A valid military identification card issued by the United States Department of Defense; (C) A valid passport; (D) A resident alien card; or (E) A tribal identification card. (3) Release Form. Before performing a body art procedure,the client must sign and date a release form detailing if the client has any of the following conditions: (A) Diabetes; (B) A history of hemophilia; (C) A history of skin diseases, skin lesions, or skin sensitivities to soap, disinfectants, etc.; (D) A history of allergies to metals; (E) A history of epilepsy, seizures, fainting or narcolepsy; (F) A condition where the client takes medications, such as anticoagulants,that thin the blood and/or interferes with blood clotting;or (G) Any other information that would aid the technician in body art procedure process evaluation. (4) Consent Form. Before performing a body art procedure,the client must sign and date a consent form. The consent form shall disclose: (A) That any tattoo should be considered permanent;it may only be removed with a surgical procedure;and any effective removal may leave scarring;or (B) That any piercing may leave scarring. (5) Client Record Management. The body art establishment operator shall maintain proper records for each client. The records of the procedure shall 426048v1 MDT RC160-3 16 3- 17 be kept for two years and shall be available for inspection by the Health Authority and Issuing Authority. The records shall include the following: (A) The date of the procedure. (B) Record of information on picture identification showing name,age,and current address of the client. (C) Copy of the release form signed and dated by the client. (D) The nature of the body art procedure performed. (E) The name and license number of the technician performing the procedure. (F) A copy of the consent form to perform the body art procedure on a minor with required signatures as defined in(a)(1)above,if applicable. (b) Technician Information. The following information shall be kept on file for three years on the premises and available for inspection by the Health Authority and Issuing Authority for each technician, guest artist or apprentice: (1) Full name; (2) Home address; (3) Home phone number; (4) Date of birth; (5) Identification photo; (6) Exact duties; and (7) Proof of a registration from the Issuing Authority, guest artist registration or current apprenticeship registration. (c) Establishment Information. The following information shall be kept on file for three years on the premises and available for inspection by the Health Authority and Issuing Authority: (1) A description of all body art procedures performed. (2) An inventory of instruments,body jewelry, sharps,and inks or pigments used for all procedures including the names of manufacturers,serial and lot numbers.Invoices or orders shall satisfy this requirement. L3) Copies of spore tests conducted on the sterilizer. (4) A copy of this Section shall be available at all times on premises. (d) Under the Influence. No technician shall perform body art procedures while under the influence of alcohol,controlled substances as defined in Minnesota Statutes,Section 152.01,subd.4,or hazardous substances as defined in the rules adopted under Minnesota Statutes,Chapter 182. (e) Aftercare. Upon completion of the body art procedure,technicians shall provide each client with verbal and printed instructions on recommended care of the body art during the healing process.The printed instructions must advise the client of the difference between normal skin or tissue irritation and infection and to consult a health care professional upon indication of infection of the skin or tissue. (f) Notification. Operators and technicians shall notify the Health Authority immediately of any reports they receive of a potential bloodbome pathogen transmission. 426048v1 MDT RC160-3 17 - )g (g) Industry Self-Survey and Training Responsibility. Every licensee of a body art establishment shall arrange for and maintain a program of sanitation self- inspection conducted by the owner,operator,technician,or apprentice and approved by the Health Authority. The self-inspection program shall include written policies,appropriate forms for logging self-inspections,and evidence that routine self-inspection of all aspects of the body art establishment takes place. A description of the body art establishment self-inspection program shall be available for review. (h) Facilities. (1) Plans. Any new or remodeled establishment shall submit to the Health Authority a to-scale establishment plan in sufficient detail to ascertain compliance with conditions in this Section. (2) Procedure Areas. There shall be no less than forty-five(45)square feet of floor space for each procedure area.The procedure area(s)must be separated from the bathroom,retail sales area,hair salon area,or any other area that may cause potential contamination of work surfaces.For clients requesting privacy,dividers,curtains,or partitions at a minimum shall separate multiple procedure areas. (3) Handsinks. Each establishment shall have a readily accessible handsink that is not in a public restroom and is equipped with: (A) Hot and cold running water under pressure; (B) No touch faucet controls such as wrist or foot operated; (C) Liquid hand soap; (D) Single use paper towels or a mechanical hand dryer or blower; (E) A nonporous washable garbage receptacle with a foot-operated lid or without a lid and a removable liner;and (F) A sign reminding technicians to properly wash their hands. (4) Bathrooms.Every establishment shall have at least one available bathroom equipped with a toilet and a hand lavatory. The hand lavatory shall be supplied with: (A) Hot and cold running water under pressure; (B) Liquid hand soap; (C) Single use paper towels or mechanical hand drier/blower; (D) A garbage can; (E) A door that closes; and (F) Adequate ventilation. (5) Lighting. The establishment shall have an artificial light source equivalent to 20 foot-candles at three feet above the floor. At least 100 foot-candles of light shall be provided at the level where body art procedures are performed,where sterilization takes place,and where instruments and sharps are assembled. (6) Procedure Surfaces. All procedure surfaces shall be smooth, nonabsorbent and easily cleanable. Procedure surfaces shall be cleaned and sanitized after each client. (7) Ceilings.All ceilings shall be in good condition. (8) Walls and Floors. All walls and floors shall be maintained in good repair free of open holes or cracks and washable. Floors of procedure areas shall not be carpeted. 426048v1 MDT RC160-3 18 33-I9 (9) Facilities Maintenance. All facilities shall be maintained in good working order and in good condition. (10) Clean Facilities. All facilities shall be maintained in a clean and sanitary condition. (11) Facilities Use. No establishment shall be used or occupied for living or sleeping quarters. (12) Animals. Only service animals may be allowed in the establishment.No animals shall be allowed in the procedure area(s). (13) Pest Control. Effective measures shall be taken by the operator to prevent entrance,breeding, and harborage of insects,vermin,and rodents in the establishment. (i) Equipment and Instruments. (1) Sterile Jewelry and Instruments. All jewelry used as part of a piercing procedure shall be sterilized before use. All reusable instruments shall be thoroughly washed to remove all organic matter,rinsed,and sterilized before and after use.All needles shall be single use needles and sterilized before use.All sterilization shall be conducted using steam heat or chemical vapor. Steam heat and chemical vapor sterilization units shall be operated according to the manufacturer's specifications and the sterilizer operations shall be recorded in a written log that includes at a minimum the following information: (A) Date of sterilizer operation; (B) Name of the person operating the sterilizer; (C) Contents or items sterilized; and (D) Run temperature,pressure and duration in minutes. (2) Spore Testing. At least once a month,but not to exceed 30 days between tests,a spore test shall be conducted on the sterilizer to ensure that it is working properly. If a positive spore test result is received,the sterilizer cannot be used until a negative result is obtained. This may result in ceasing operation until the situation is corrected. (3) Jewelry. Jewelry must be made of surgical implant grade stainless steel, solid 14k or 18k white or yellow gold,niobium,titanium or platinum, and/or a dense low-porosity plastic. Jewelry must be free of nicks,scratches or irregular surfaces and must be properly sterilized prior to use. Use of jewelry that is constructed of wood,bone,or other porous material is prohibited. (4) Inks,Dyes,and Pigments. All inks, dyes,and other pigments shall be specifically manufactured for tattoo procedures. The mixing of approved inks,dyes,or pigments,or their dilution with distilled water or alcohol is acceptable. (5) Single Use Ink Cups. Immediately before applying a tattoo,the quantity of the dye used shall be transferred from the dye bottle and placed into single use paper or plastic cups. Upon completion of the tattoo,these single use cups and their contents shall be discarded. (6) Procedure Surfaces and Sanitization. All tables,chairs, furniture or other procedure surfaces that may be exposed to blood or body fluids during the tattooing or piercing procedure shall be constructed of stainless 426048v1 MDT RC160-3 19 30 ,ap steel,or other suitable material that will allow complete sanitization,and shall be sanitized between uses with a liquid chemical germicide. (7) Single Use Towels. Single use towels or wipes shall be provided to the client. These towels shall be dispensed in a manner that precludes contamination and disposed of in a cleanable garbage container with a liner. (8) Storage of Bandages. All bandages and surgical dressings used shall be sterile or bulk-packaged clean and stored in a clean,closed nonporous container. (9) Equipment and Instrument Maintenance. All equipment and instruments shall be maintained in a good working order and in a clean and sanitary condition. (10) Supply Storage. All instruments and supplies shall be stored clean and dry in covered containers stored up off the floor. (11) Single-use disposable bathers or a chemical germicide must be used on all equipment that cannot be sterilized as part of the procedure as required under this section,including but not limited to,spray bottles,procedure light fixture handles,and tattoo machines. (j) Skin Preparation. (1) Whenever it is necessary to shave the skin,a new disposable razor must be used for each client. (2) The skin area subject to a body art procedure must be thoroughly cleaned with soap and water,rinsed thoroughly,and swabbed with an antiseptic solution.Only single use towels or wipes shall be used in the skin cleaning process. (3) No body art procedure shall be performed on any area of the skin where there is an evident infection,ithtation,or open wound. (k) Hand Washing and Hygiene. (1) Each technician shall scrub his or her hands and wrists thoroughly using soap,warm water and a nail brush for 20 seconds before and after performing a body art procedure. (2) Technicians with skin infections of the hand or open sores visible or in a location that may come in contact with the client shall not perform body art procedures. (3) The technician must wash his or her hands after contact with the client receiving the procedure or after contact with potentially contaminated articles. (4) Technicians shall wear clean clothing and use a disposable barrier such as a lap cloth when performing body art procedures. (5) For each client, single use disposable barriers shall be provided on all equipment used as part of the procedure that cannot be sterilized according to(i)(1)above. Examples may include,but not limited to spray bottles, procedure light fixture handles,and tattoo machines. (6) Technicians shall not smoke, eat, or drink while performing body art procedures. (7) Technicians shall not allow clients to leave the procedure area without first covering the tattooed area with a bandage or other clean covering, (1) Glove Use. 426048v1 MDT RC160-3 20 3 g- (1) Single use gloves of adequate size and quality as to preserve dexterity shall be used for touching clients,for handling sterile instruments,or for handling blood or body fluids. (2) Gloves must be changed if: (A) They become damaged; (B) They come in contact with any non-clean surface or objects; or (C) They come in contact with a third person. (3) At a minimum,gloves shall be discarded after the completion of a procedure on a client. (4) Hands and wrists must be washed before putting on a clean pair of gloves and after removing a pair of gloves. (5) Gloves shall not be reused. (6) Nonlatex gloves must be used with clients or employees who request them or when petroleum products are used. (m) Proper handling and disposal of needles, other sharp instruments, blood, other body fluids, and contaminated products. (1) Contaminated waste that may release liquid blood or body fluids when compressed or that may release dried blood or body fluids when handled, must be placed in an approved"red"bag that is marked with the international biohazard symbol.It must be disposed of by a licensed waste hauler at an approved site,or at a minimum,in accordance with the requirements contained in 29 CFR Part 1910.1030,Occupational Exposure to Bloodborne Pathogens. (2) Contaminated waste that does not release liquid blood or body fluids when compressed or handled may be placed in a covered receptacle and disposed of through normal,approved disposal methods. (3) Sharps ready for disposal shall be disposed of in an approved sharps container. (4) Storage of contaminated waste on-site shall not exceed the period specified by 29 CFR Part 1910.1030,Occupational Exposure to Bloodborne Pathogens. (5) Maintain proof of proper disposal service at the establishment in the form of invoices or bills for three years. Sec. 11. A new subsection 630.18 is added to read as follows: 630.18. Inspection and Plan Review. Subdivision 1. Ins section Re•uired. The Health Authori shall ins sect each bod art establishment: (a) Before a license is issued for a new establishment; (b) As part of a construction or remodeling plan review; (c) As part of a complaint investigation; or (d) At least once a year for a routine inspection. Slhd2 Construction Inspections. The body art establishment shall be constructed in conformance with the approved plans. No building permit for a body art establishment or remodeling or alteration permit for such establishment may be issued until such plans have the approval of the Health Authority. The Health Authority shall inspect the body art 426048v1 MDT RC160-3 21 35 — aa establishment as frequently as necessary during the construction to ensure that the construction occurs in conformance with this Section. The Health Authority shall conduct a final construction inspection prior to the start of operations and issuance of a license. Subd. 3. Access to Premises and Records. The o•erator of the bod art establishment shall, upon request of the Health Authority or Issuing Authority,and after proper identification,permit access to all parts of the establishment at any reasonable time,for the purpose of inspection. The operator shall allow review of any records necessary for the Health Authority or Issuing Authority to ascertain compliance to this Section. Subd. 4. Inter erence with the Health Authori . No .erson shall interfere with or hinder the Health Authority in the performance of its duties,or refuse to permit the Health Authority to make such inspections. Subd. 5. Removal and Correction o Violations. 0•erator s or technician s shall correct or remove each violation upon receipt of an inspection report giving notification of one or more violations of this Section in a reasonable length of time as determined by the Health Authority.The length of time for the correction or removal of each such violation shall be noted on the inspection report.Failure to remove or correct each violation within the time period noted on the inspection report shall constitute a separate violation of this Section.The Health Authority or the City of Richfield may issue orders to halt construction or remodeling,or to take corrective measures to ensure compliance with this Section. Subd. 6. Grounds for Emergency Closure. (a) Single Violations. If any of the following conditions exist,the operator(s) or technician(s)may be ordered to discontinue all operations of the body art establishment.Body art establishments shall only reopen with permission from the Health Authority and the City of Richfield. (1) Failure to possess a license or registration required by this Section; (2) Evidence of a sewage backup in an area of the establishment where body art activities are conducted; (3) Lack of potable,plumbed,hot or cold water to the extent that hand washing,or toilet facilities are not operational; (4) Lack of electricity or gas service to the extent that hand washing,lighting, or toilet facilities are not operational; (5) Significant damage to the body art establishment due to tornado,fire, flood,or other disasters; (6) Evidence of an infestation of rodents or other vermin; (7) Evidence of contamination,filthy conditions,untrained staff or poor personal hygiene; (8) Any time a public health nuisance exists; (9) Using instruments or jewelry that are not sterile; (10) Failure to maintain required records; (11) Failure to use gloves as required; (12) Failure to properly dispose of sharps,blood or body fluids,or blood or body fluid contaminated items; (13) Failure to report complaints of potential bloodbome pathogen transmission to the Health Authority; (14) Evidence of violations of subsection 630.01, subd. 4; or 426048v1 MDT RC160-3 22 (15) Evidence of a positive spore test on the sterilizer or an inoperable sterilizer. Sec, 12. Subsection 630.19 is amended to read as follows: 630.19. •. Penalties and Sanctions. Subdivision 1.General Sus sension or Revocation. The City Council may revoke the license or suspend a the license if the licensee submitted false information or omitted material information in the license process required. The City Council may also suspend or revoke a license for the violation of any provision or condition of this section or any other local law governing the same activity during the license period or any criminal law during the license period which adversely affects on the ability to honestly, safely, or lawfully conduct a body art establishment tattooing, body piercing,body branding or body painting business. Subd. 2. Notice. A revocation or suspension shall be preceded by written notice to the licensee and a hearing before the City Council. The notice shall give at least eight (8) days notice of the time and place of the hearing and shall state the nature of the charges against the licensee. The notice shall be mailed to the licensee at the most recent address listed on the application. Subd. 3. Criminal penalties. A violation of this Section shall be a misdemeanor or gross misdemeanor as defined under Minnesota law. Sec. 13. Subsection 630.21 is amended to read as follows: 630.21.Issuance o tem,ora . • =f-,- %: --- % • " ••;-- • body art event license. Subdivision 1. - • - • - • - ' •• • • - - - - - • • . -• body piercing, body branding or body-painting The Issuing Authority may issue a temporary body art event license,provided that the following license requirements are met: (a) Duration of event. The event is no longer than four(4) continuous days. (b) Number of events. The same person or organization has had no more than•four(4)body art • -- •-- • - - •• - :, ••: ..•- events in the same calendar year. (c) Security measures. The Director of Public Safety or designee has approved the security measures for the event. • (d) Health inspection. The ! •• •-- • • ' • • -• - _ -. Health Authority has reviewed the health and sanitation measures for the event and has inspected each vendor space for the event. (e) Liability insurance. Liability insurance coverage of one million dollars ($1,000,000)has been obtained to cover the event or in the alternative each vendor has procured insurance to cover the vendor's operations at the event for professional liability in the practice of body art. The minimum (1) Each claim, at least$200,000.00; (2) Each group of claims, at least$500,000.00. 426048v1 MDT RC160-3 23 3S - aLJ (f) A certificate of insurance shall be filed with the City.. (g) The licensee must comply with the requirements at subsection 630.15(a), (c), (f), and subsection 630.17, subdivision 1. Subd. 2. Temporary application. The temporary license application shall request the following information: (a) The applicant's name and current address. (b) The applicant's current employer. (c) The applicant's addresses for the previous five (5)years. (d) The applicant's date of birth, home telephone number, weight, height, color of eyes, and color of hair. (e) Whether the applicant has ever used or been known by a name other than the applicant's name, and if so,the name or names and information concerning dates and places where used. (f) The location where the event will be conducted. (g) The number of body art tattoo,piercing, branding or painting booths that will be operational at the event. (h) The names and addresses of persons in charge of the event. (i) A list of names of body art technicians who will be working the event. Subd. 3.Background investigation. The Issuing Authority Department of Public Safety shall verify the information supplied on the temporary license application and shall investigate the background, including the current background of the applicant. Within seven (7) days of receipt of a complete application, the Issuing Authority Department of Public Safety shall grant or deny the application. An applicant who is denied a license shall have a right to appeal to the City Council. Sec. 14. A new subsection 630.23 is added to read as follows: 630.23. Severabili . If any subsection, subdivision,paragraph, or clause of this Section is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this Section. Section 15. This ordinance will be effective , 2013. Adopted this day of July, 2013. By: Debbie Goettel, Mayor ATTEST: Nancy Gibbs, City Clerk 426048v1 MDT RC160-3 24 AGENDA SECTION: CONSENT AGENDA ITEM# 3C REPORT# 129 =Aga STAFF REPORT RICHFIELD CITY COUNCIL MEETING JULY 9, 2013 REPORT PREPARED BY: MATT BRILLHART,PLANNING TECH. Ns., NAME,TITLE DEPARTMENT DIRECTOR REVIEW: ar ,,°'" /'r SIG ATURE OTHER DEPARTMENT REVIEW: • SIGNAT ror REVIEWED BY CITY MANAGER: / r.al 4 ITEM FOR COUNCIL CONSIDERATION: Consider a request for an Interim Use Permit to allow Richfield Bloomington Honda to use City-owned property at 7700 Pillsbury Avenue for employee parking. I. RECOMMENDED ACTION: By Motion: Recommend approval of a seven-month Interim Use Permit for off-site employee parking at 7700 Pillsbury Avenue. II. EXECUTIVE SUMMARY Richfield Bloomington Honda ("Honda") plans to expand their business. Earlier this year, Honda purchased a number of properties across the street from their current location to facilitate this expansion. Honda plans a phased expansion that will require parking employee vehicles off-site while construction is underway. Honda is proposing to lease the City-owned property at 7700 Pillsbury Avenue for temporary use as an employee parking lot. Parking as a standalone use is not permitted in any zoning district, therefore an interim use permit is required to allow this nonconforming use. 070913 - 7700 Pillsbury IUP III. BASIS OF RECOMMENDATION A. BACKGROUND • On June 25, 2013, the Council voted in unanimous support of a number of land use approvals related to Honda's expansion. • 7700 Pillsbury Avenue is the portion of the former City Maintenance Garage that is south of 77th Street. The property is currently vacant and no redevelopment plans are proposed at this time. B. POLICY • The purpose of an interim use permit is to allow a use that may not be compatible with the Comprehensive Plan to operate for a limited period of time. Interim use permits are designed to allow a use that is presently acceptable, but that with anticipated development, will not be acceptable in the future. • In evaluating a request for an interim use permit, the Council shall also consider its compliance with the criteria outlined in Subsection 547.15 of the City Code and further articulated in the attached document. • The 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 Council must find that the temporary nature of this permit makes the nonconforming use permissible at this time. Approval of an interim use permit would be conditioned upon clearing the lot of any debris, performing patch repair and striping the parking lot. • Staff recommends approval of a seven-month interim use permit, effective August 1, 2013 and terminating on March 1, 2014. This will allow Honda to utilize the City-owned property at 7700 Pillsbury until their first construction phase is complete. Honda has indicated that parking space constraints may continue through the second phase of construction and has requested that the interim use permit extend for one additional year beyond staff recommendation. Staff recommends the inclusion of two six-month extension options, to be granted at the discretion of the Community Development Director and terminate no later than March 1, 2015. Redevelopment interest in the property would be a possible reason to deny an extension. • By Ordinance, interim use permits terminate upon the occurrence of any of the following events, whichever first occurs: a) The date stated in the permit; or b) Upon violation of conditions under which the permit was issued. C. CRITICAL TIMING ISSUES • 60-DAY RULE: The 60-day clock started when a complete application was received on June 11, 2013. A decision is required by August 10, 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. D. FINANCIAL • Honda is proposing to lease the property at 7700 Pillsbury Avenue from the City. Lease terms are currently being negotiated. • The required application processing fee has been paid. E. LEGAL • A public hearing was held before the Planning Commission on June 24, 2013. • Notice of the required public hearing was published in the Sun Current newspaper and mailed to properties within 350 feet of the proposal. F. ENVIRONMENTAL CONSIDERATIONS • N/A IV. ALTERNATIVE RECOMMENDATION(S) • Approve the attached Resolution with additional and/or amended stipulations. • Deny the proposal with a finding that the requirements necessary to issue an interim use permit are not met. V. ATTACHMENTS • Resolution • Interim Use Permit Requirements • Consent Agreement • Site Plan; Planning & Zoning maps VI. PRINCIPAL PARTIES EXPECTED AT MEETING • Tim Carter, Richfield Bloomington Honda 3C - 1 RESOLUTION NO. RESOLUTION APPROVING AN INTERIM USE PERMIT TO ALLOW A STANDALONE PARKING FACILITY BY RICHFIELD BLOOMINGTON HONDA AT 7700 PILLSBURY 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 Richfield Bloomington Honda (the "Applicant") to conduct off- site employee parking at 7700 Pillsbury Avenue; and WHEREAS, the Property is zoned Mixed Use — Neighborhood (MU-N); and WHEREAS, the requested interim use of the property is not permitted in the MU-N 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. Termination of the permit in seven months eliminates the detriment that a standalone parking facility will have on the area; and WHEREAS, the Planning Commission held a public hearing on June 24, 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. 2. An Interim Use Permit for a standalone parking facility by Richfield Bloomington Honda at 7700 Pillsbury Avenue, as described in City Council Staff Report No. is approved with the following conditions: 3C,- d• a. The Interim Use Permit will expire seven (7) months from its effective date of August 1, 2013, or upon violation of the conditions under which the permit was issued, whichever occurs first. b. That the Community Development Director shall hold discretion to grant a maximum of two (2) six-month extensions of the Interim Use Permit, to expire no later than March 1, 2015. c. That the lot be cleared of all debris. d. That the parking area be patched where necessary and striped accordingly, as shown on the approved site plan. e. That 22-foot minimum drive aisles be maintained in the parking area. f. That a maximum of 68 vehicles be stored on site. g. That no vehicles be parked or stored on grass buffer areas. Adopted by the City Council of the City of Richfield, Minnesota this 9th day of July, 2013. Debbie Goettel, Mayor ATTEST: Nancy Gibbs, City Clerk vC Required Findings to grant an Interim Use Permit 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 seven months. At the discretion of the Community Development Director, the interim use permit may be extended twice, in six (6) month periods, not to exceed a total length of one year and seven months. At that time, if conditions continue to warrant, the Council may issue a new Interim Use Permit to the applicant. It is not anticipated that employee parking will adversely impact the community or this area within the duration of the interim use permit. 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 March 1, 2014. At staff's discretion, the interim use permit may be extended twice, in six (6) month periods, and terminate no later than March 1, 2015. 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 employee parking will adversely impact the community or this area within the duration of the interim use permit. d) The use is similar to existing uses in the area. Surface parking lots are a common feature in the area, due to the proximity to Richfield Bloomington Honda's main campus. 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 site is zoned Mixed-Use Neighborhood (MU-N) and is currently vacant. The short-term nature of the permit will not prevent future mixed-use redevelopment of the site. f) There is adequate assurance that the property will be left in suitable condition after the use is terminated. The property owner has signed a consent agreement agreeing to this condition. 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. N/A. The property is owned by the City. 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 comply with all conditions of the interim use permit. i) The property owner agrees to abide by any additional conditions that the Council deems appropriate for permission of the use. &C.1- 111 CONSENT AGREEMENT WI I RI:AS. 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 `I IFRI/AS, Section 547.15 Subdivision 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: NOS`. ITIFREFORIL Richfield Bloomington Honda , as applicant for an interim use permit for employee parking at 7700 Pillsbury (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 an 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 ()Idle 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. >. 'i'he applicant will comply with all conditions imposed by the City Council on the interim use permit. 4. 'Ibis Consent Agreement shall be binding on any owner. operator. tenant and/or user of the property fbr 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 proper•ty. DATED: Cc) ft A , icant (Applicant must be the Property ON\ncr) S.I Al I: O MINNI.SO1 A ) ) SS ('1)1'Ni V OF I ll•:NNI•:PIN I he foregoing instrument was acknowledged before me this j _j day of -3 he `� `1.►.�\t:� - • _201 �P.�-�-�'' • the 1;? ,„,:\fer-- c`(~, 1t.e�s . a Minnesotabw ac ��ur,s• on behalf of said company. • LAURA A LEHMAN Nolan Public .rts0NOTARY PUBLIC•MINNESOTA My Comm.Expire%Jan 31.1016 44l44414444 4 3c- 5" 1 1 i L L RAILROAD TRACKS PROFEP,l. --1 1 i 1 ! i i Ti 1 i ! i I 77 ! -- g 1 7 .j1 ! II• ' • . t • ' i r-----"------, \ i ■ i i . • : 33 I Z 1 Ime i A ! i I i i . 1 , ! I i i i 1 i i -- 7-- i i i i i i ® I i ; 1_ FM:W[111,1M i I / 1 PILLSBURY AVENUE SOUTH ittAgnIC'rlr4ttLE : --_,, Corporation k j ■ ; P>Df>1>C.I>DE>f>1>f r:Fr, 1 r , , RICHFIELD . BLOOMINGTON g HONDA MITSUBISHI 400 West 78th Street,Richfield,MN 55423 3c- (0 77Os Pillsbury , v4- - 6/2 ' 13 FP Surrounding Zoe ping R R R MR-2 I I R R R R R R MR-2 R R Q f W -__ •>-. OC : R R Q R --2 R i R z co I I c R R Al, MR-2 R z r r8. R R � 2 R R ; 1 r 4;L 77TH STREET MU-R 1 MU-N PMU MU-N MU-N MU 7700 PILLSBURY AVE S MU-N H II DA I MU-N MU-N , - MU-N MU MU-R i i MU-R MU-N . MU MU-N i "N ' M ■ 9', g I CITY OF BLOOMINGTON i Feet 0 60 120 240 360 480 600 MU-R-Mixed-Use Regional N MU-N-Mixed-Use Neighborhood PMU- Planned Mixed Use R- Single Family Residential MR-2 -Mutli-Family I _Industrial Path: I:\GlS\Community Development\Staff\Planning Tech\Projects\7700 Pillsbury Z.mxd 3c --7 ,, 771,- (), Pillsbury ,xve - ,-**/2* 13 ILIP Surroun*Ing Comprehensive Play! 1 LDR LDR LDR MHD MHD MHD LDR LDR Li -, W LDR LDR LDR MHD _. W LDR LDR .4.LI -, . W I <> 2 >_, 01111 I ..,>. CC LDR 01—L I 1 LDR LDR '4.- LDR 'D IX L'1 0 PR' MHD D •, ,4 CO LDR LDR LA11 MHD —1 LDR %SR Z L 1 -, LDR LDR !LDR ILL LDR LDR s,, Lit, f ..ZNIIII \ 0 iftN k 77TH STREET i , . RCO 1 , , II CCO MHD HDR , H 11-, I HDR 7700 PILLSBURY AVE S HDR a HONDA ___ , HDR HDR HDR , Hi -, I 1 RCO : P K .1 J 1 ' )1 ) . 1 , HDR e RCO 4 HDR Hi' 'N • JR OMIAMM~RIND Millikt9' _ _ •9A1111.1. - 1 --- — ---— CITY Of BLOOMINGTON I , ■ Feet 0 60 120 240 360 480 600 RCO-Regional Commercial/Office N CCO—Community Commercial/Office HDR-High Density Residential MHD-Medium-High Density Residential LDR- Low Density Residential Path: IAGIS\Community Development\Staff\Planning Tech\Projects\7700 Pillsbury CP.mxd AGENDA SECTION: CONSENT AGENDA ITEM# 3D REPORT# 130 STAFF REPORT RICHFIELD CITY COUNCIL MEETING aingraerme JULY 9, 2013 REPORT PREPARED BY: JAY HENTHORNE,DEPUTY CHIEF/DEPUTY DIRECTOR la ITLE i DEPARTMENT DIRECTOR REVIEW: 0 €11 I_--` 4Lrero-...-- GNATURE OTHER DEPARTMENT REVIEW: M `/A i _ ri SIGNATURE/ REVIEWED BY CITY MANAGER: V /r �`�-�� Al / J ITEM FOR COUNCIL CONSIDERATION: Council approval of attached resolution authorizing acceptance of funds from MN Department of Commerce Auto Theft Prevention grant to be used to buy license plate readers. I. RECOMMENDED ACTION: By Motion: Approve the attached resolution allowing Richfield Department of Public Safety to accept grant monies from the Minnesota Department of Commerce Auto Theft Prevention grant. II. EXECUTIVE SUMMARY The Richfield Department of Public Safety submitted a grant for funding under the guidelines of the Minnesota Department of Commerce. The funding is for two Automated License Plate Readers (ALPR) to be used in the Patrol Division. These ALPR's as mounted on patrol vehicles and can automatically read license plates as the patrol vehicle travels down the road. The officer will then be alerted of possible stolen vehicles based on license plates read by the ALPR. This, in turn, will help the Richfield Police Department lower the number of auto thefts and recovered stolens by alerting officers more quickly. The information is also stored in a database and can be used to analyze crime trends as it relates to theft from autos and stolen autos in different areas of the City. 070913 Resolution Approving Grant monies from MN Dept. of Commerce III. BASIS OF RECOMMENDATION A. BACKGROUND • The Minnesota Department of Commerce, Division of Insurance Fraud Prevention, has made grant funding available with the purposes to reduce motor vehicle theft and its effects on victims in the State of Minnesota. Funding is used for projects that aid in the reduction of automobile thefts, increase education and awareness of the public, respond to automobile theft incidents and prosecute offenders. • The Richfield Police department takes auto theft and theft from auto crimes very seriously. Since 2008, the City of Richfield has averaged 65 auto thefts, 100 recovered stolen vehicles and 750 thefts from autos annually. • The Richfield Police Department was notified on June 7, 2013, that it was awarded $26,300 in grant funding to purchase two ALPR units to be deployed in the Patrol Division. B. POLICY • The Police Department does not accept financial support unless it is designated for a specific program that will affect the department as a whole. • The grant money will be used by the Police Department for training & purchasing of equipment. • Minnesota Statute 465.03 requires that every acceptance of a grant or devise of real or personal property on terms prescribed by the donor be made by a resolution of more than two-thirds majority of the City Council. • The Administrative Services Department issued a memo on November 9, 2004, requiring that all grants and restricted donations to departments be received by resolution and by more than two-thirds majority of the City Council in accordance with Minnesota Statute 465.03. C. CRITICAL TIMING ISSUES • Grant funding goes through June 2015. D. FINANCIAL • NA E. LEGAL • NA F. ENVIRONMENTAL CONSIDERATIONS • NA IV. ALTERNATIVE RECOMMENDATION(S) • Council could disapprove the acceptance of the acceptance of the grant monies and the funds would have to be returned. V. ATTACHMENTS • Resolution No. VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None 3D - 1 RESOLUTION NO. RESOLUTION AUTHORIZING RESOLUTION AUTHORIZING THE DEPARTMENT OF PUBLIC SAFETY/POLICE TO ACCEPT THE AUTO THEFT PREVENTION GRANT FROM THE MINNESOTA DEPARTMENT OF COMMERCE FOR $26,300 TO BE USED TO PURCHASE TWO AUTOMATED LICENSE PLATE READERS. WHEREAS, Richfield Police has been approved by the Minnesota Department of Commerce to participate in funds made available through the Auto Theft Prevention grant; and WHEREAS, Richfield Police Department is scheduled to receive $26,300 to be used as designated by the grant agreement which mandates that the funds be used to purchase automated license plate readers; and, WHEREAS, Richfield Police has designated $26,300 for the purchase of two new automated license plate readers. NOW, THEREFORE, BE IT RESOLVED that the City of Richfield, Public Safety Department will accept funds designated for auto theft prevention equipment in accordance to and as listed above. Adopted by the City Council of the City of Richfield, Minnesota this 9th day of July, 2013. Debbie Goettel, Mayor ATTEST: Nancy Gibbs, City Clerk AGENDA SECTION: CONSENT AGENDA ITEM# 3E REPORT# 131 MIAMI STAFF REPORT RICHFIELD CITY COUNCIL MEETING JULY 9, 2013 REPORT PREPARED BY: CHRIS LINK OPERATION SUPERINTENDENT NAME,TITLE DEPARTMENT DIRECTOR REVIEW: Er N L i._ SIGNATURE OTHER DEPARTMENT REVIEW: ❑ NI' 7117M1F19411 REVIEWED BY CITY MANAGER: n ITEM FOR COUNCIL CONSIDERATION: Consideration of authorization of an additional $33,905 for Concrete Sidewalk, Curb and Gutter Repair. I. RECOMMENDED ACTION: By Motion: Authorize an additional $33,905 for Sidewalk, Curb and Gutter Concrete Repairs. II. EXECUTIVE SUMMARY On May 14, 2013 the City Council awarded a Contract to Ron Kassa Construction, Inc. in the amount of$86,095 with authority for the Public Works Director to authorize an additional $50,000. After completing curb and sidewalk inspections, an additional $33,905 is requested to complete the repairs in the 2013 sealcoat and the 2014 mill and overlay areas for additional sidewalk and ADA improvements. 07092013Concretecontract III. BASIS OF RECOMMENDATION A. BACKGROUND • Each year the City awards a contract to replace cracked and heaved sidewalk, curb, gutter, and other concrete as necessary at various locations throughout the City. • Due to budget constraints, repairs are generally concentrated in the current years' sealcoat area. • Staff was directed at the May 14th Study Session to accelerate concrete sidewalk repairs. • Adding the additional concrete repairs will allow staff to take advantage of competitive pricing for next year's mill and overlay project by eliminating scheduling restraints from the project. B. POLICY • As part of the City's street maintenance program, the City contracts to replace cracked and heaved curb and gutter and other concrete work on an annual basis. C. CRITICAL TIMING ISSUES • If the funding is not approved next year's mill and overlay project may be delayed until the late summer months. D. FINANCIAL • The total estimated cost of concrete repairs is $170,000. • The Budget for the purchase of concrete repairs is $170,000 from the 2013 Street Maintenance Budget line item 6315 (Other Contractual Services). • Concrete repairs are funded through the Franchise Fees. E. LEGAL • When the amount of a contract is more than $100,000, the City must let the contract by sealed bids. • The advertisement for bids for this contract was published in the Richfield Sun-Current on April 4, 2013 and on the QuestCDN website on April 4, 2013. • A bid opening was held on May 25, 2013, and three bids were received. Ron Kassa Construction, Inc. submitted the lowest bid. F. ENVIRONMENTAL CONSIDERATIONS • N/A IV. ALTERNATIVE RECOMMENDATION(S) • The Council may choose not to do the additional work. V. ATTACHMENTS • None VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None anticipated AGENDA SECTION: CONSENT AGENDA ITEM# 3F REPORT# 132 MilliAl STAFF REPORT RICHFIELD CITY COUNCIL MEETING JULY 9, 2013 REPORT PREPARED BY: ELIZABETH FINNEGAN, CIVIL ENGINEER NAME,TITLE DEPARTMENT DIRECTOR REVIEW: 0 TimiE SIGNATURE OTHER DEPARTMENT REVIEW: El N/• IV Sy,f RE REVIEWED BY CITY MANAGER: %Of ITEM FOR COUNCIL CONSIDERATION: Consideration of a resolution restricting parking on Richfield Parkway from 65th Street to 63rd Street. I. RECOMMENDED ACTION: By Motion: Adopt a resolution for "No Parking" on both sides of Richfield Parkway from 65th to 63rd Street. IL EXECUTIVE SUMMARY The Richfield Parkway connection is both a replacement for the Taft Lake frontage road and the old Cedar Avenue that was removed with the construction of the 66th Street/TH77 Interchange. Consistent with the approved cross-section for the parkway (attached) no parking will be accommodated along the two blocks. 07092013NoParking Resolution III. BASIS OF RECOMMENDATION A. BACKGROUND • On June 25, 2013, City Council approved the "No Parking" resolution from Bloomington Avenue to 250' north of 64th Street. During the State Aid approval process, MN/DOT Staff required the extension of the No Parking area to 65th Street. • The City Council approved the 25-mph curve layout alternative on Richfield Parkway between 17th Avenue and Bloomington Avenue on March 22, 2011. • With the adoption of this resolution, MSA funds could be used as a backup funding source for the construction of the Richfield Parkway Connection as part of the Richfield Parkway Project. • Restricting parking on Richfield Parkway from 65th to 63rd Street will aid in accommodating multi-modal travel (i.e. automobiles, transit, bicycles and pedestrians). • The "No Parking" restriction would not take place until the Richfield Parkway Connection Project is completed. All homes along the Parkway from 65th to 63' Street should be vacant before the no parking restriction is enforced. B. POLICY • The Replacement of Cedar Avenue by a new Richfield Parkway is identified in the Comprehensive Plan (6-19). • The Richfield Parkway connection would provide a secondary access to Cedar Point Commons as required in the developer's agreement. C. CRITICAL TIMING ISSUES • The project is on schedule to be advertised for bids in June and July of 2013. • Construction is scheduled to begin in July of 2013. D. FINANCIAL • The estimated cost of construction is $2,000,000. • The estimated sources are: o $ 960,000 Municipal State Aid Funds (Right-of-Way) o $ 700,000 Minnehaha Creek Watershed o $ 340,000 City Utility Funds-Water o $2,000,000 Total Sources E. LEGAL • The City has the authority to restrict parking on public streets. • The City Attorney will be available to answer questions. F. ENVIRONMENTAL CONSIDERATIONS • N/A IV. ALTERNATIVE RECOMMENDATION(S) • The Council may choose not to adopt the "No Parking" Resolution at this time and forego the potential to use Municipal State Aid funding as a backup for the project. V. ATTACHMENTS • "No Parking" Resolution VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None anticipated. • 3 � 1 RESOLUTION NO. RESOLUTION FOR PARKING RESTRICTIONS ON RICHFIELD PARKWAY FROM 65TH STREET TO 63RD STREET WHEREAS, the City of Richfield has previously completed improvements to Richfield Parkway from the 66th Street roundabout to 65th Street; and WHEREAS, the City of Richfield will be establishing the north connection of Richfield Parkway from 250' North of 64th Street to Bloomington Avenue, roughly along the 63rd Street alignment (State Project No. 157-370-002) in 2013; and WHEREAS, the City of Richfield is planning to connect these two segments of Richfield Parkway with similar improvements to the segment between 65th Street and 63rd Street in 2014; and WHEREAS, the City of Richfield desires Richfield Parkway to be a multimodal roadway that accommodates automobiles, transit, bicycles and pedestrians and have a corresponding 25 mph design speed and posted speed; and WHEREAS, the City of Richfield will be expending State Aid Funds and Local Funds on the improvements on Richfield Parkway; and WHEREAS, neither the existing roadway nor the planned 2014 improvements provide adequate width for parking on both sides of the street while still accommodating both vehicles and bicycles; approval of the proposed construction as a Municipal State Aid street project must therefore be conditioned upon certain restrictions. NOW THEREFORE, BE IT FURTHER RESOLVED by the City Council of the City of Richfield, Minnesota, that the City Council of the City of Richfield hereby bans the parking of motor vehicles on Richfield Parkway, as described in the project limits listed above: Adopted this 9th day of July, 2013. Debbie Goettel, Mayor ATTEST: Nancy Gibbs, City Clerk 3 F- STATE OF MINNESOTA) COUNTY OF HENNEPIN) SS CITY OF RICHFIELD CERTIFICATE OF CITY CLERK I, the undersigned duly appointed and acting City Clerk for the City of Richfield do hereby certify that the attached and foregoing Resolution was duly adopted by the Richfield City Council at its Regular Meeting of July 9, 2013, and as recorded in the Minutes of said Regular Meeting. WITNESS my hand and seal of said City this day of , 20_ City Clerk AGENDA SECTION: RESOLUTIONS AGENDA ITEM# 5 REPORT# 133 =AM STAFF REPORT RICHFIELD CITY COUNCIL MEETING JULY 9, 2013 REPORT PREPARED BY: BETSY OSBORN, SUPPORT SERVICES MANAGER NAME, TITLE DEPARTMENT DIRECTOR REVIEW: Eliferid? SIGNA' RE OTHER DEPARTMENT REVIEW: 0 N/A NATURE REVIEWED BY CITY MANAGER: •AO gio ITEM FOR COUNCIL CONSIDERATION: Consideration of a disciplinary hearing and resolution regarding civil enforcement for Pump N Munch, 6300 Lyndale Ave. So., that recently underwent tobacco compliance checks conducted by Richfield Public Safety staff, and failed by selling tobacco to underage youth. I. RECOMMENDED ACTION: By Motion: Conduct a disciplinary hearing and approve the attached resolution: • Suspending the license to sell tobacco for two (2) consecutive days for the second time violating establishment; • Levying a fine against the establishment in the amount of $400.00 for a second time violation; and • Proposing that the Public Safety Director select the two consecutive days that the license will be suspended. II. EXECUTIVE SUMMARY Richfield Public Safety staff conducted their first tobacco compliance checks for 2013. These checks are done to determine the availability of tobacco to underage youth and to meet the State Statutes. Of the twenty-four businesses that hold licenses to sell tobacco that were checked, three sold tobacco to an underage person. Two of the three establishments sold tobacco to a minor for the first time and are not required to appear before City Council. The action being taken today is for civil enforcement and penalties against the third establishment, Pump N Munch, due to the fact that this is their second failure within a twenty-four month period. III. BASIS OF RECOMMENDATION A. BACKGROUND • On May 31, 2013, Richfield Public Safety staff conducted tobacco compliance checks at 24 establishments in Richfield that sell tobacco. They were assisted by three underage youth that were all 16 years old. The businesses that sold tobacco to underage youth are: 1. Richfield Liquor Store, 6444 Penn Ave So. 2. Super America, 7720 Nicollet Ave. So. 3. Pump N Munch, 6300 Lyndale Ave. So. Due to the fact that this is a first time failure for the Richfield Liquor Store and Super America, their licenses will not be suspended, nor are they required to appear before City Council. They will each, however, be fined $200.00. Due to the fact that this is a second failure for Pump N Munch, they are required to appear before City Council. B. POLICY • It is a violation of Minnesota State Statute and City ordinance to sell tobacco to underage youth. • Richfield City Code, Section 1146 specifies certain improper conduct of tobacco license holders and delineates the progressive discipline that can be expected when violations occur, such as the sale of tobacco to minors. C. CRITICAL TIMING ISSUES • Staff recommends that the City Council suspends the license to sell tobacco for two (2) consecutive days and the Public Safety Director select the two consecutive days that the license will be suspended, and levy a fine against the establishment in the amount of$400.00. These requirements must be met by August 9, 2013. D. FINANCIAL • The fine being recommended at this time is intended to recover 100% of the costs for conducting the compliance checks and to penalize the business punitively. Compliance checks will continue to occur in the future. E. LEGAL • Formal complaint charges for the selling of tobacco to an underage person were filed on the person who committed the violation. F. ENVIRONMENTAL CONSIDERATIONS • N/A IV. ALTERNATIVE RECOMMENDATION(S) • The Council may consider taking more or less severe action against the establishment that sold tobacco to underage youth; however, that would deviate from the guidelines set for progressive discipline in City Code 1146. V. ATTACHMENTS • Resolution for Pump N Munch. VI. PRINCIPAL PARTIES EXPECTED AT MEETING • A representative from Pump N Munch is expected to be in attendance at the meeting. They have been notified in writing of this requirement. 5-- i RESOLUTION NO. RESOLUTION SUSPENDING THE TOBACCO LICENSE FOR PUMP N MUNCH, 6300 LYNDALE AVENUE SOUTH, AND IMPOSING A CIVIL PENALTY FOR SECOND TIME TOBACCO COMPLIANCE FAILURE WHEREAS, Pump N Munch ("Licensee") holds a license to sell tobacco products within the City of Richfield; and WHEREAS, on May 31, 2013, the City of Richfield Public Safety Department conducted a compliance check of the Licensee's establishment, and during the compliance check, an employee of the Licensee sold tobacco to a minor; and WHEREAS, this is their second failed tobacco compliance check; and WHEREAS, the Licensee appeared before the City Council on July 9, 2013 and admitted the violation and stipulated to the suspension and penalty imposed by this resolution. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield as follows: 1. The Licensee's tobacco license is hereby suspended for a period of two (2) consecutive days, commencing on a date to be determined by the Public Safety Director, but to take place within 30 days of their Council appearance. 2. A civil penalty of $400.00 is hereby imposed. On or before August 9, 2013, the Licensee shall deliver a check or money order payable to the City of Richfield in the amount of $400.00. Adopted by the City Council of the City of Richfield, Minnesota this 9th day of July, 2013. Debbie Goettel, Mayor ATTEST: Nancy Gibbs, City Clerk AGENDA SECTION: RESOLUTIONS AGENDA ITEM# 6 REPORT# 134 STAFF REPORT RICHFIELD CITY COUNCIL MEETING JULY 9, 2013 REPORT PREPARED BY: MATT BRILLHART, PLANNING TECH. NAME,TITLE DEPARTMENT DIRECTOR REVIEW: ® - \, SIGNATURE OTHER DEPARTMENT REVIEW: G SIGNATU REVIEWED BY CITY MANAGER: ifOrr„,,etc:73-- _ (/ ITEM FOR COUNCIL CONSIDERATION: Consider a request for a Conditional Use Permit to allow a full service restaurant with intoxicating liquor (El Tejaban) at 6501 Nicollet Avenue (Richfield Shoppes). I. RECOMMENDED ACTION: By Motion: Approve a Conditional Use Permit for a full-service restaurant at 6501 Nicollet Avenue. II. EXECUTIVE SUMMARY The City has received an application requesting a conditional use permit (CUP) for a full-service (food and intoxicating beverage service) restaurant at 6501 Nicollet Avenue (Suite 6519). The proposed restaurant would occupy the 4,200 square feet previously occupied by the Eastern Buffet restaurant and the primary physical changes will be internal to the building. The applicant, El Tejaban, has outgrown their current space in the Hub Shopping Center and would like to move across the street to this larger space. Differences between El Tejaban operations and Eastern Buffet operations include the addition of alcohol service and karaoke. Live music is not planned. El Tejaban owners plan to continue to operate in the Hub as well, with a new restaurant concept. A parking demand study was performed to insure that there would be adequate parking to accommodate a restaurant with alcohol service. The professionally 070913 - 6501 Nicollet CUP (El Tejaban) prepared study does not anticipate a parking shortage and staff supports the report's conclusions. A request for a conditional use permit offers the City the opportunity to request additional improvements on site; however, given the existing site layout there is little to no opportunity for change. A public hearing was held before the Planning Commission on June 24th. Representatives of the residential block immediately east of the development spoke against the proposed restaurant citing noise and nuisance concerns with current and former tenants of the shopping center. Neighbors expressed concern that the addition of a restaurant with alcohol would further increase these problems and create safety issues. In response to these concerns, the Planning Commission recommended the addition of a stipulation requiring that the owner of the property meet with staff and a neighborhood representative to discuss noise and nuisance issues. Staff is also recommending that the hours of operation be limited to 12 am, rather than the requested 2 am. III. BASIS OF RECOMMENDATION A. BACKGROUND • The proposed restaurant would take over the space formerly occupied by Eastern Buffet, which vacated the space earlier this year. In 1997, Eastern Buffet was granted a CUP for a "Class II" traditional restaurant, without alcohol service. • The Environmental Health Department reports that it has not received complaints related to noise or delivery vehicles at this location. B. POLICY • Full service (Class I) restaurants with alcohol service are conditionally permitted in the General Commercial (C-2) District so long as the lot abuts an arterial or collector street. This requirement is met (lot abuts Nicollet Avenue). • In evaluating a request for a CUP, the Planning Commission and Council shall also consider its compliance with the eight criteria outlined in Subsection 547.09 of the City Code and further articulated in the attached document. • The existing parking at the shopping center is nonconforming and is 18 stalls short of minimum requirements (including a reduction for transit proximity). Additionally, full-service restaurants are required to calculate their parking requirements separately from the remainder of the shopping center. With the addition of a 4,200 square foot full- service restaurant, total parking requirements rise to 258 stalls. 218 stalls are provided on-site. Code allows the applicant to request a modification of the minimum parking requirements by submitting a study of anticipated demand. Westwood Engineering performed a parking demand study including observation of actual parking utilization. The parking demand study showed that the site is adequately parked, and would remain adequately parked with the addition of a full-service restaurant. Furthermore, the peak parking demand period of the existing shopping center (2:00 - 3:00pm) does not conflict with the anticipated peak parking demand of the proposed restaurant (7:00 - 8:00pm). The parking demand study showed that the addition of the proposed restaurant will reduce the peak hour parking surplus from 80 to 46 stalls, and shift the peak demand hour at the shopping center to 6:00 - 7:00pm. • The existing shopping center is nonconforming in regard to a number of other requirements as well and City Ordinances require that nonconforming sites be brought into compliance when possible. Staff evaluated the potential for parking lot screening improvements, but parking already encroaches upon City boulevard and additional landscaping and/or fencing is not feasible. Staff also finds that the fence along the eastern property line, as well as the fence extension at the north end of the property, meets the intent of the trash enclosure requirements. There is opportunity for additional impervious surface along the northern end of the building; however, limited sunshine could make it difficult to establish and maintain plants. With a commercial neighbor to the north, staff sees minimal benefit. C. CRITICAL TIMING ISSUES • 60-DAY RULE: The 60-day clock started when the application was deemed complete on June 10, 2013. A decision is required by August 9, 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. D. FINANCIAL • The required application processing fee has been paid. E. LEGAL • A public hearing was held before the Planning Commission on June 24, 2013. • Notice of the required public hearing was published in the Sun Current newspaper and mailed to properties within 350 feet of the proposal. • Three residents from the 6500 block of 1st Avenue spoke against the proposal, citing noise and nuisance concerns with current and former tenants in the shopping center (draft Planning Commission minutes attached). • After considering potential adverse effects to the neighborhood, staff has recommended the additional stipulation: That the establishment operates no later than 12:00am. • The Planning Commission voted 7-0 to recommend approval, with an additional stipulation: That prior to issuance of a Certificate of Occupancy, the property owner or management company must meet with staff and a neighborhood representative to discuss ongoing issues related to noise and hours of operation. F. ENVIRONMENTAL CONSIDERATIONS • N/A IV. ALTERNATIVE RECOMMENDATION(S) • Approve the attached Resolution with additional and/or amended stipulations. • Deny the Conditional Use Permit with a finding that the proposed use would have an adverse impact on surrounding properties or the City as a whole. V. ATTACHMENTS • Resolution • Conditional Use Permit requirements • Parking Study • Existing Site Plan & Proposed Floor Plan • DRAFT Planning Commission Minutes of June 24, 2013 • Planning & Zoning maps • Photo VI. PRINCIPAL PARTIES EXPECTED AT MEETING • Luis Caire, applicant representative • Robert Wise, property management representative v- I RESOLUTION NO. RESOLUTION APPROVING A CONDITIONAL USE PERMIT FOR A FULL-SERVICE RESTAURANT AT 6501 NICOLLET AVENUE WHEREAS, an application has been filed with the City of Richfield which requests a conditional use permit to allow a "Class I" full-service restaurant with a floor area of 4,200 square feet at property commonly known as 6501 Nicollet Avenue, property legally described as follows: Lots 1-15 inclusive except that part of Lot 9 lying south of the north 49,00 feet thereof and east of the west 38.00 feet of said Lot 9, Town's Edge, Village of Richfield, Hennepin County, Minnesota WHEREAS, the Planning Commission of the City of Richfield recommended approval of this requested conditional use permit at its June 24, 2013 meeting; and WHEREAS, this requested conditional use permit meets the requirements necessary for issuing a conditional use permit as specified in Richfield's Zoning Code, Section 547.09; and WHEREAS, this requested conditional use permit meets the requirements necessary for issuing a conditional use permit for a full-service restaurant with intoxicating beverage service as specified in Richfield's Zoning Code, Section 534.07, Subdivision 6; and WHEREAS, the City has fully considered the request for approval of the conditional use permit; NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Richfield, Minnesota, as follows: 1. A conditional use permit is issued to allow a full-service restaurant with a floor area of 4,200 square feet, as described in City Council Letter No. , on the Subject Property legally described above. 2. This conditional use permit is subject to the following conditions in addition to those specified in Section 547.09 of the City's Zoning Ordinance: • That prior to issuance of a Certificate of Occupancy, the property owner or management company must meet with staff and a neighborhood representative to discuss issues related to noise and hours of operation; • That the establishment operate no later than 12:00am; • An odor control system is required due to the proximity to residential properties; • All site landscaping must be maintained and tended appropriately; • All parking stalls, crosswalks etc. must be striped in accordance with previously approved plans; • Any property changes including lighting, utilities, landscaping, etc. must comply be approved by the City and comply with Code requirements; • Sign permits must be applied for separately. This approval does not constitute approval of any signs. Portable signs are prohibited; • That the recipient of this conditional use permit record this Resolution with the County, pursuant to Minnesota Statutes Section 462.36, Subd. 1 and the City's Zoning Ordinance Section 546.05, Subd. 7. (,0 • Prior to the issuance of an occupancy permit, the applicant shall submit a copy of the recorded conditional use permit. 3. This conditional use permit shall expire one year after it has been issued unless 1) the use for which the permit was granted has commenced; or 2) Building permits have been issued and substantial work performed; or 3) Upon written request of the applicant, the Council extends the expiration date for an additional period not to exceed one year. Expiration is governed by the City Zoning Ordinance, Section 547.09, Subdivision 9. 4. This conditional use permit shall remain in effect for so long as conditions regulating it are observed, and the conditional use permit shall expire if normal operation of the use has been discontinued for 12 or more months, as required by the City's Zoning Ordinance, Section 547.09, Subd. 10. Adopted by the City Council of the City of Richfield, Minnesota this 9th day of July 2013. Debbie Goettel, Mayor ATTEST: Nancy Gibbs, City Clerk (0 -3 Required Findings to grant a Conditional Use Permit Subsection 547.09 a) The proposed use is consistent with the goals, policies and objectives of the City's Comprehensive Plan. This requirement is met. This property is designated as "Community Commercial/Office" in the Comprehensive Plan. Community Commercial/Office areas are intended to provide space for a wide variety of retail goods and services that serve residents of Richfield and the immediate vicinity around Richfield. b) The proposed use is consistent with the purposes of the Zoning Code and the purposes of the zoning district in which the applicant intends to locate the proposed use. This requirement is met. The General Commercial (C-2) District is intended to provide space for a wide variety of retail and service businesses that may serve a trade area encompassing Richfield and beyond. Uses are expected to be compatible with nearby residential properties and not to significantly degrade the level of serve or safety on nearby roads. c) The proposed use is consistent with any officially adopted redevelopment plans or urban design guidelines. N/A d) The proposed use is or will be in compliance with the performance standards specified in Section 544 of this Code. The existing shopping center is nonconforming in regard to a number of requirements. City Ordinances require that nonconforming sites be brought into compliance when possible. • The City finds that additional landscaping and/or fencing to provide required parking lot screening is not feasible given that parking already encroaches upon City boulevard and right-of-way. • The City also finds that the fence along the eastern property line, as well as the fence extension at the north end of the property, meets the intent of the trash enclosure requirements. • There is opportunity for additional impervious surface along the northern end of the building. With a commercial neighbor to the north, the City finds that there would be minimal benefit associated with this change and shall not require the conversion. • The City finds that the existing parking lot is legally nonconforming with regards to parking lot setback requirements. The requirement is eight feet, and the existing parking encroaches into Nicollet Avenue right-of-way. Coming into compliance with this requirement would significantly reduce the number of available parking spaces. e) The proposed use will not have undue adverse impacts on government facilities, utilities, services or existing or proposed improvements. This requirement is met. The submitted plans have been reviewed by the Public Works Department and no undue adverse impacts are anticipated. f) The use will not have undue adverse impacts on the public health, safety or welfare. The applicant must comply with all requirements of the Administrative Review Committee Report dated May 9, 2013. g) There is a public need for such use at the proposed location. This requirement is met. h) The proposed use meets or will meet all the specific conditions set by this Code for the granting of such conditional use permit. This requirement is met. The proposed use is located on an arterial road as required by Section 534.07, Subd. 6. to.... . 7699 Anagram Drive Eden Prairie,MN 55344 PHONE 952-937-5150 FAX 952-937-5822 Westwood TOLL FREE 888-937-5150 www.westwoodps.com MEMORANDUM Date: June 5, 2013 Re: Richfield Shoppes: Phase II Parking Utilization Study Richfield,Minnesota File R0001444.00 To: Bruce D. Carlson, Project Director Mid-America Real Estate—Minnesota, LLC From: John M. Hagen, P.E. (MN, WI, and TX), PTOE, Senior Transportation Engineer The purpose of this memorandum is to summarize the results of the Phase II Parking Demand Study for the Richfield Shoppes shopping center located in northeast quadrant of the Nicollet Avenue intersection with 66th Street. Specifically, a parking utilization was conducted in May 2013 to identify the current parking demand of the existing Richfield Shoppes shopping center and determine whether the existing shopping center has adequate parking to accommodate the proposed restaurant. Background The existing Richfield Shoppes shopping center is a mixed-use development consisting of approximately 57,358 square feet of retail and 9,172 square feet of second and third floor office space. Currently, 10,933 square feet of the retail space is vacant, while approximately 1,284 square feet of the second/third floor office space is vacant. The site also contains a Dairy Queen restaurant in a separate building located in the southeast corner of the property that only provides "walk-up" window service, with no indoor customer/seating areas. Since the existing Dairy Queen restaurant does not have wait staff serving food directly to customers while seated, does not have in-vehicle sales/service,and since the combined total of all of the on-site restaurants or food services total less than 25 percent of the gross floor area of the shopping center, its floor area was included in the total retail area of the Richfield Shoppes per the City of Richfield's parking requirements. As part of the conditional use permit for a proposed sit-down restaurant in a vacant portion of the existing Richfield Shoppes shopping center,the City of Richfield has requested that a Parking Demand Study be completed to see if there is adequate on-site parking for the existing shopping center plus the proposed restaurant. The proposed 4,200 square foot restaurant(with up to a maximum of 150 seats) is moving into the same space of the former Eastern Buffet restaurant who vacated the subject shopping center in March 2013. The new restaurant is planning on Land and Energy DEVELOPMENT COMM tIAN Is M M ■ • '' ■ w • Ni • June 5, 2013 Page 2 relocating from their current location across the street in the Richfield Hub and West Shopping Center. Westwood Professional Services completed a parking demand study in May 2013. This study (dated May 2, 2013) compared the City of Richfield's parking requirements with parking industry standards. The results of the Parking Demand Study indicated that the existing shopping center is not adequately parked when considering the City of Richfield's parking requirements. However, when considering industry standard parking demand data from the Institute of Transportation Engineers (ITE),the existing shopping center has adequate parking spaces to accommodate the existing shopping center plus the proposed restaurant. The Phase II Parking Utilization Study collected actual field data on an average weekday in order to determine the current demand of the existing Richfield Shoppes shopping center. The results of the Phase II Parking Utilization Study are summarized below. Parking Utilization Study The purpose of the parking utilization study is to determine if there is sufficient on-site parking provided to meet the needs of the existing shopping center plus the proposed restaurant. Existing parking demand and supply was measured on Tuesday, May 14, 2013 between the hours of 11:00 a.m. to 4:00 p.m. and 6:00 to 9:00 p.m. These time periods were selected since they coincide with the peak parking demands of the existing shopping center. The results of the parking utilization study are shown in Table 1. A field review of the site revealed that a total of 218 parking spaces are currently provided on site. Figure 1 shows the six(6) on-site parking fields and the existing number of parking spaces in each of the six areas. As shown in Table 1, the peak parking demand for the existing Richfield Shoppes shopping center occurs between 2:00 and 3:00 p.m., when 106 to 108 vehicles are parked on the site. Based on our review of the parking demand and supply data presented in Table 1, the existing Richfield Shoppes shopping center is currently adequately parked since the site provides more parking (218 spaces)than is needed to currently service the peak parking demand (106 to 108 stalls between 2:00 and 3:00 p.m.) for the existing mall. Therefore,the ITE parking demand numbers presented in the May 2013 Parking Demand Study provides a better representation of the existing parking needs for the Richfield Shoppes than the City's requirements. Shared Parking Analysis When a particular site has a mixture of different land uses, a"shared parking analysis" should be conducted in order to determine if the peak parking demands for the various on site land uses conflict or complement each other. Shared parking occurs when the same parking area serves two or more land uses without conflict. The success of shared parking relies on the variations of parking demands between the site's individual land uses, as well as the relationships between the individual land uses that allow motorists to visit more than one land use during a single visit to the site and/or visit different land uses at different times of the day. • Table 1 Onsite Parking Area Time-of-Day Demand Distribution: Richfield Shoppes Average Weekday Parking Demand (Percent of Peak Period) Parking Available 11:00 11:30 12:00 12:30 1:00 1:30 2:00 2:30 3:00 3:30 6:00 6:30 7:00 7:30 8:00 8:30 Field Spaces a.m. a.m. noon p.m. p.m. p.m. p.m. p.m. p.m. p.m. p.m. p.m. p.m. p.m. p.m. p.m. A 37 15 13 14 20 13 18 22 21 16 IIMIIIIIIMION 6 NMI 6 IMO 41% 35% 38% 54% 35% 49% 59% 57% 43% 41% 35% 35% 16% 16% 14% B 60 30 26 27 26 26 36 30 24 20 19 20 19 13 12 6 IMI 50% 43% 45% 43% 43% 60% 50% 40% 33% 32% 33% 32% 22% 20% 10% C 38 18 17 20 21 21 23 21 26 23 28 22 17 25 21 17 19 47% 45% 53% 55% 55% 61% 55% 68% 61% 74% 5.8% 45% 66% 55% 45% 50% D 33 9 6 11 7 12 7 11 15 10 9 14 12 17 16 12 pm 27% 18% 33% 21% 21% 33% 45% 30% 27% 42% 36% .52% _ 48% 36% 15 13 16 15 18 19 20 18 16 16 19 20 23 17 E 39 � 38% 33% 41°o 38% 46% 49°o 51°0 46% 41% 41% 49°o 51% 56% 54% 59% 44°o F 11 4 4 3 3 3 3 2 4 3 3 __ 0 . 1 36% 36% 27% 27% 27% 27% 18% .'0 7% �'�., 18% 9% __. - 0% 9% 18°o 9% Total 218 91 79 91 92 93 106 106 108 88 90 90 82 83 83 66 52 �,R 42% 36% 42% 42% 43% 49% 49°o S0% 40% 41% 41% 38% 38% 38% 30% 24% Source: Westwood parking utilization study conducted on Tuesday,May 14,2013. Page 3 Westwood Professional Services,Inc. 6/5/2013 _ (=AI ......., F 6916 SI E."t/Ed t • • ..........14.. , -. t .. , ... t.. ,,,, ''-w''. -Y-'4..'. • ',..,g, .'i' .... "' __ ' ''-` 4..,,,-' ., .79:- t_. ',t"-ReP-''') f,&totreir4i,:4" ' t . ' ''X• . _ -,,, 4 0 ,'`. . t••,4 I i",,, — 6 , e 1,•."', - , ' '" I - s• .tif ."1"*.l. St '.......-.- CUM(, I' .. . .. t . ,,, •. 7. r I.- 1,-,::.1- :',':. . .... 5 ,- - , f r 91 . 4 t .-• -.I , ,.• , = Z. 14SP Bla 1,.13' • , 2: ,,, , - . ..,.,,. . i . -,' ---1-- 1 rT.) ...... '''. .-.9. 0 * 1 . ...p.' ..- .. '. . , 1 r- • - ‹f : a- a— wi..•-•,.... .1. . , ,,,,, ,v: .:.,„::, , 1 .99.1,. (T)) . ,: '.9-71,j1 .:: i i i .4. U 1.L. \ — --- - ,, 71,4 sa ,..,.: Ilsi,I ft . I. .\: .,.....1 ,',0. . ' •A F- 1 1 1'' ; f ii 11 1■' '. I p IF . ' ',4 13 i Loa 1- -:-Ii..:.-1-, '-'4- 4.!.. e ,, — ' 4; . — s itL. l'e' l' • t-' —..`4, • ... 2 . Mi l',', . F-'uflQ ' ' 1 •.. VI .-77 11. '-' .... aichti-kJ t.; * -..,,, .,..,. 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' ..: --, , r • 4,ea '-'4....P ‘- ... . i . ...- ..710 4„', , ..]N., • t j ' 4 1 1:,,.., 1 '0iii1 , r '' i t , Lotoya J,‘,.aJilw.......-- -...,-..z....y..:...-,-.t....-....w. .1 „.,._.., . , .■"•"'"i‘f,„ . ..• ..,..:_ • ' If „ ... 1,,,a -.` , c .4 3 - - • .,=. . , l', a it, , t# .. • tertfitM,,, /10s4'1, . . . , Poill1111111111111EINNINIIIIIIINI ---t, - ''I Tr'bRAZIFR, Legend: • ' - '*kigos'- - •• .,.. A = Parking Field E4h I _ ... , 4 XX .17. Parking Spaces per Field ) Not to Scale 218 =Total Available Parking Spaces June 4,2013 #R0001444.00 Available Parking ,,¶ Westwood Professional Services,Inc 7699 Anagram Drive Eden Prattle,MN 55344 I- I- MODE 952 937 5150 ■ Richfield Shoppes: Parking Utilization Study Figure FAX 957 937 5822 TOLL FREE I 888 93/5150 [ Westwood WV,.Weal...01110 EOM f Richfield , Minnesota 2 i June 5, 2013 Page 5 Understanding the time-of-day distribution of parking demand will help to determine if the peak parking demand of the proposed restaurant overlaps with the peak parking demand of the existing shopping center. Table 2 shows the comparison of the time-of-day parking demand for the existing Richfield Shoppes shopping center versus proposed restaurant. The time-of-day distribution of the existing shopping center's parking demand was determined by the parking utilization study conducted in May 2013;while the time-of-day distribution of the proposed restaurant was based on data for High-Turnover Sit-Down Restaurants from the Institute of Transportation Engineers(ITE)Parking Generation Manual, 4th Edition (2010). As shown in Table 2,the peak parking demand of the existing shopping center(2:00 to 3:00 p.m.) does not conflict with the peak parking demand of the proposed restaurant(7:00 to 8:00 p.m.). Since the peak parking demand of the existing shopping center(2:00—3:00 p.m.) does not conflict with the peak parking demand of the proposed restaurant(7:00—8:00 p.m.),the parking analysis should account for the time-of-day parking demand distribution. Tables 3 and 4 present the hourly shared parking demand for the Richfield Shoppes shopping center assuming full occupancy based on City of Richfield's parking requirements without and with the proposed restaurant, respectively. Tables 5 and 6 presents the hourly shared parking demand based on ITE standards without and with the proposed restaurant, respectively. The City's zoning code requires that Regional Shopping Centers (with 50,000 square feet or more retail space) provide four parking spaces for every 1,000 square feet of retail space. The ITE demand comparison is based on 2.55 parking spaces per 1,000 square feet of retail space on an average weekday. The City's zoning code also requires that office land uses(less than 50,000 square feet)provide one parking space for every 275 square feet of office space. The ITE demand comparison is based on 2.47 parking spaces per 1,000 square feet of office space on an average weekday. Finally, the City's zoning code requires that Class I and II restaurants (sit- down restaurants such as the one proposed) provide 10 parking spaces per 1,000 square feet. The ITE demand comparison is based on 0.48 parking spaces per restaurant seat. Accounting for the time-of-day parking demand of the existing shopping center at full occupancy, Table 3 shows that the Richfield Shoppes is adequately parked with an overall surplus of 68 parking spaces during the peak parking period(2:00—3:00 p.m.)when shared parking is applied to the City's parking requirements. Table 4 shows that while applying the variations of parking demands between the existing shopping center and the proposed restaurant (i.e. —shared parking)to the City's parking requirements will reduce the overall parking surplus of the existing shopping center from 68 spaces to 10 spaces and shift the peak parking demand hour from 2:00—3:00 p.m. to 12:00 noon — 1:00 p.m. when the proposed restaurant is added, the site will continue to be adequately parked. Table 2 Comparison of Time-of-Day Parking Demand: Existing Richfield Shoppes versus Proposed Restaurant Average Weekday Parking Demand Land Use 11:00 a.m. 12:00 noon 1:00 p.m. 2:00 p.m. 3:00 p.m. 6:00 p.m. 7:00 p.m. 8:00 p.m. Existing 84% 84% 98% 100% 82% 82% 76% 60% Shopping Center Proposed Restaurant 16% 49% 39% 27% 19% 94% 100% 81% Sources: Westwood parking utilization study conducted on Tuesday,May 14,2013&ITE Parking Generation,4th Edition,2010. 0 Page 6 Westwood Professional Sevices,Inc. 6/5/2013 Table 3 Existing Richfield Shoppes Parking Demand Assuming Full Occupancy:Based on City Standards Hourly Shared Parking Demand Based on City Requirements Re•uirements Avera e Weekda 'ea Proposed Parking Surplus/ Land Use Size Su Rate Demand Deficit 11 a.m. 12 p.m. 1 p.m. 2 p.m. 3 p.m. 6 p.m. 7 p.m. Existing Shopping Center-Neighborhood 30-100 KSF 54,313 SF 108 91 92 106 108 90 90 83 66 (45,665 SF Retail,7,888 SF Office&760 SF DQ) Vacant Retail Space 10,933 SF 4 perKSF 44 40 44 42 42 38 28 34 31 (10.933 SF) 218 66 Vacant Office Space 1,284 SF 1 per 275SF 5 5 5 4 5 5 4 3 0 (1,284 SF) 10 percent reduction for close-proximity to active transit line 10 percent reduction -5 -4 -5 -S -5 -4 -3 -4 -3 Totals 218 per City Requirements 152 66 Total City Shared Parking Demand 131 135 148 150 129 119 116 94 Total Shared Supply 218 218 218 218 218 218 218 218 Total City Shared Parking Surplus/(Deficit) 87 83 70 68 99 102 Table 4 Richfield Shoppes Parking Demand with Proposed Restaurant:Based on City Standards Hour S are.Par ing Deman•Base.on City Requirements City Requirements Average Weekday. Peak Proposed Parking Surplus/ Land Use Size Su Rate Demand Deficit 11 a.m. 12..m. 1•.m. 2•.m. 3•.m. 6•.m. 7..m. 8•.m. Existing Shopping Center-Neighborhood 30-100 KSF 54,313 SF 108 91 92 106 108 90 90 83 66 (45,665 SF Retail,7,888 SF Office&760 SF DC) _ Vacant Retail Space 6,733 SF 4 perKSF 27 25 27 26 26 24 17 21 19 (6,733 SF) Vacant Office Space 1,284 SF 218 1 per27SSF 5 44 5 5 4 5 5 4 3 0 (1.284 SF) _ Proposed Restaurant-Class I&II 4,200 SF (4.200 SF or 150 seats) 10 per KSF 42 7 21 16 11 8 39 42 34 10 percent reduction for dose-proximity to active transit line 10 percent reduction -7 -4 -S -5 -4 -4 -6 -7 -5 Totals 218 per City Requirements 174 44 Total City Shared Parking Demand 123 208 197 14S 123 145 142 114 Total Shared Supply 218 218 218 218 218 218 218 218 Total City Shared Parking Surplus/(Deficit) Ei 10 21 73 95 73 76 104 =Represents the peak parking demand hour of the Richfield Shoppes. Page 7 Westwood Professional Services,Inc. 6/5/2013 Table S Existing Richfield Shoppes Parking Demand Assuming Full Occupancy: Based on Parking Industry(ITE)Standards Hourly Shared Parking Demand Based on Parking Industry(ITE)Standards ITE Parking Demand Average Weekday Peak Proposed Parking Surplus/ Land Use Size Supply Rate Demand Deficit 11 a.m. 12•.m. i•.m. 2•m. 3..m. 6•.m. 7•.m. 8..m. Existing Shopping Center-Neighborhood 30-100 KSF 54,313 SF 108 91 92 106 108 90 90 83 66 (45,665 SF Retail&7,888 SF Office) _ Vacant Retail Space 10,933 SF 218 2.55 (10,933 SF) perKSF 28 79 25 28 27 26 25 18 21 20 Vacant Office Space 1,284 SF 2.47 perKSF 3 3 3 3 3 3 3 2 0 (1 784 SF1 ---Totals 218 per ITE Parking Demand 139 79 Total ITE Shared Parking Demand 120 123 136 138 118 111 106 86 - Total Shared Supply 218 218 218 218 218 218 218 218 Total ITE Shared Parking Surplus/(Deficit) 1111 95 82 80 100 107 1121 132 Table 6 Richfield Shoppes Shared Parking Demand with Proposed Restaurant: Based on Parking Industry(ITE)Standards Hour S are•Par.ingDemandBase•on Par ingIn•ustry ITE Stan•ar•s ITE Parking Demand Average Weekday Peak Proposed Parking Surplus/ Land Use Sae Supply Rate Demand Deficit 11 a.m. 12 p.m. 1 p.m. 2 un, 3 m. 5 .m.p 7p.m. 8 P.m. Existing Shopping Center-Neighborhood 30-100 KSF 54,313 SF 0 91 92 106 108 90 90 63 66 (45,665 SF Retail&7,888 SF Office) Vacant Retail Space 6,733 SF 2.55 perKSF 17 16 17 17 16 15 11 13 12 (6,733 SF) 218 126 Vacant Office Space 1,284 SF 2.47 perKSF 3 3 3 3 3 3 3 2 0 (1,284 SF) _ Proposed Restaurant-High-Turnover Sit-Down 150 seats 0.48 per seat 72 12 35 28 19 14 68 72 58 (4.200 SF or 150 seats) Totals 218 per ITE Parking Demand 92 126 Total ITE Shared Parking Demand 121 148 154 147 122 172 170 136 Total Shared Supply 218 218 218 218 218 218 218 218 Total ITE Shared Parking Surplus/(Deficit) 97 70 64 71 96 46 48 82 I=Represents the peak parking demand hour of the Richfield Shoppes. Page 8 Westwood Professional Services,Inc. 6/5/2013 � 3 June 5, 2013 Page 9 Accounting for the time-of-day parking demand of the existing shopping center at full occupancy, Table 5 shows that the Richfield Shoppes is adequately parked with an overall surplus of 80 parking spaces during the peak parking period (2:00-3:00 p.m.) when shared parking is applied to the industry standard parking demand data from ITE. As shown in Table 6, adding the proposed restaurant will reduce the overall parking surplus from 80 to 46 parking spaces, and will likely shift the peak parking demand hour from 2:00—3:00 p.m. to 6:00—7:00 p.m. when shared parking is applied to industry standard parking demand data from ITE; however, the Richfield Shoppes shopping center will continue to be adequately parked. Conclusions Based on the results of the parking utilization study,the Richfield Shoppes shopping center is adequately parked when considering the existing parking demand of the site, full occupancy of the vacant retail/office space, and the proposed restaurant. • P:10001444.001docs\TiafcRReport\Richfield Shoppes Phase 11 Parking Study_6-5-2013.docx Richfield Shoppes, LLC 750 Pennsylvania Ave South, Golden Valley, MN—55426. April 22,2013 Re: ZONING CONDITIONAL USE PERMIT LANDLORD CONCURRENCE LETTER. Dear City of Richfield, Planning and Zoning Dept.: My name Is Matthew Rieger of Mid America Real Estate—Minnesota, LLC. I am the Landlord's Agent representing Richfield Shoppes,LLC, a Minnesota Limited Liability • Corporation. Richfield Shoppes, LLC is the landlord and property owner of the premises at issue in this Conditional Use Permit Application. As the Landlord,we are writing today to express our concurrence with El Tejaban Mexican Restaurant, LLC's application for a Conditional Use Permit to operate a restaurant with full liquor License at 6519 Nicollet Ave., Richfield, MN 55423. As landlord we are willing to lease the aforementioned premises to El Tejaban Mexican Restaurant, LLC conditioned upon any necessary Conditional Use Permits. We clearly understand the Tenant's intended purpose and have no objections to the City granting them a Conditional Use Permit to function with a full liquor license. We believe that El Tejaban Mexican Restaurant, LLC will bring a valued service to our Shopping Center and the Richfield Community. On behalf of the Richfield Shoppes, LLC and its tenants, I request your support in the prompt passing of this Conditional Use Permit, so that this project can proceed. Should you have any questions for Richfield Shoppes, LLC, please do not hesitate to contact me. In advance,thank you for your prompt consideration and attention to this matter. Sincerely, g::( . Landlord's Agent and Repr•s- tative, Ri h ield Shoppes, LLC, Landlord and Property Owner. e ® 0 ii A9 //i ,- ,^ j ® DQ V O Il ,a u RICHFIELD SHOPPES r NORTH ILL W H fn 1 = _ ,5 l 1 1 c.) o co co e TOTAL PARKING SPACES = 218 J .. �/ J 0 15 30 60 NICOLLETAVENUE NW INNIMINIMMIIIi SCALE: 1"=60' rin MID-AMERICA Retail Space - Richfield Shoppes North - Site Plan 1 jiiik REAL ESTATE-MINNESOTA, LLC A MEMBER OF /c CHAIN LINKS ac rnii ADVISORS 5353 Wayzata Blouevard, Suite 650 66th & Nicollet Ave 1 Minneapolis, Minnesota 55416 Richfield, MN 55423 ' (952)563-6600 FAX: (952) 563-6633 www.midamericagrp.com i' -,iNPy Y . ,Y s.. a6..ry.25. 30..al . ARC ITR ON , , . f ittTfit NIT. 2255 DOS WELL AVENUE SAINT PAUL.MINNESOTA 55108 1:(612)351.0567 www.orchitron corn L.men o ,--„, ti en ill co ) n(ng are* {41 seats},; t a exit .I coat-check y 16 Pfep Y cooler L, is a 3 b I _ entrll = r I— Ir -' II dining area-1396sf — freezer ) 0000000d000 (95 seats) waiting cook line —II, /0 bar(14 seats) O O reception ___ 17n _ �,. _ I I I1 1 37.to t? O r I El Tejaban preliminary layout - 30apr13 6519 Nicollet Avenue .. Richfield, MN 0' 4' 8' 16' 32' north 0 El Tejaban Mexican Grill 6519 Nicollet Avenue Planning Commission CITY OF Minutes RICHFIELD mfr: June 24, 2013 MEMBERS PRESENT: Chairperson Rick Jabs and Commissioners Susan Rosenberg, Dennis Schuller, .;: . Rublein, Gordon Vizecky, Dan Kitzberger and Josh RA I" MEMBERS ABSENT: none STAFF PRESENT: Melissa Poehlm..gagi y Planner Nie Matt Brillhart, g: rng Technician 11116. John Stark, C.C:Mlo. nity Development" :, for Chris Regis, Fin- �. ;:.;,Mana• '' OTHERS PRESENT: Luis ° I Tejaban °sentative) Migue l = A ' tp.s ez (El Te' owner) John H.I; '' ` ood Enva' Bering for El Tejaban) Denny C ' :, na 1St Av- 1 st A ue) .�:, .. �5t:� ther Ri m��a ous- �::><, hikows ;.; ,•f -) Tim rter (Ri 'a• Bloomin• on Honda manager) Inkk Chr rote (Mc g:alds counsel) °a Kiml= , orn for McDonalds) 121i, Karns ( e:n Companies representative) M;n .:. oderbe • e 45 16th Avenue) lay Chairper " ;abs called A`il eetilio order at 7:00 p.m. APPROVAL • . MNizecky S/Schuller, , . 'ove the minutes of the May 29, 2013 regular meeting. it Motion carried: 7-0 OPEN FORUM No members of the public spoke. NEW BUSINESS ITEM #1 PC Letter#8 — Consideration of the 2015-2018 Capital Improvement Program and a finding of consistency with the Comprehensive Plan of the Capital Improvement Program and 2014 Capital Improvement Budget Finance Manager Chris Regis presented the 2014 Capital Improvement Budget and 2015-2018 Capital Improvement Program. In response to a question from Commissioner Root, Regis clarified the nature of the work on the ice arena. In response to a question from Chair Jabs, Regis cl-Aterthat not all of the 2018 projects have funding sources identified yet. ' '`i In response to a question from Commission`s •lean, Reg-4 '•,tlined the various funding sources for projects identified in t.,,,,40.0"5-2018 CIP. 1✓ . M/Root S/Rublein, to find that the 2014 CIB 2015-2111 8 CIP ar='� :. onformance with the Comprehensive Plan. A °' .. Motion carried: 7-0 1:21::::411121111:::::... � PUBLIC HEARING( . .�; ITEM #2 d: 13-CUP-04— •nside . d1t1ori$: . se Permit to allow a full service restaur- `, hol ,, .- ( 4 :` •an'` 6519 Nicollet Avenue. Plann echnician rillh. rillhart) • esented the staff report, detailing the r44 5 require .necessary 01 ant :444.:, and recommended additional criteria outlined in the reso :. ; oar Chair Jabs open-ik a publi >�aring. Luis Caire, Miguel Hernandez, and John Hagen, all representing thAl:Wica.kir pproached the podium for questions. IiiiiiiiigeOr In response to a questio -'om Chair Jabs, Caire stated that they were not planning enhancements to the exterior of the building other than signage. The interior would be repainted. In response to questions from Commissioner Rublein, Caire stated that the business was growing and they had outgrown their current space. Caire stated that they were not increasing seating capacity over the previous tenant. City Planner Melissa Poehlman (Poehlman) stated that the while the parking study had been performed after 2 E1 Eastern Buffet had closed, the study showed a parking surplus after the addition of a full service restaurant, based on both industry standards and City requirements. In response to a question from Commissioner Rublein, Caire stated that the hours of operation would be 10am — 2am, 7 days a week. Denny Czupryna (6521 1st Avenue) presented several concerns related to the proximity of the building to residential properties on 1st Avenue, including noise, deliveries, trash, odors, smoke, parking, employee vehicle noise, snowplow noise, and general quality of life. He urged the Commissioners to consider their concerns. In response to questions from Commissioner Rosenber. , : dehlman stated that the restaurant could move in by right, if not for the additi• R:, ill quor service, as a restaurant had previously occupied the space. She stated t Atatitiac or license application would also go before City Council and planning staff di• < ,$ ha ' `., recourse over liquor license requirements. Poehlman stated that •ulation re `' • to obeying noise ordinances could be attached to the condiAatirse permit. stalk, an stated that odor control was a newer requirement and noa11 the existing restau'. in the shopping center had been subject to that requiremen : Heather Rittenhouse (6509 1st a,1 " - stated creerregarding the s:wity of children in the neighborhood and the pro : n alcoho ' • ing establishment. Luis Caire stated that the current loc= e n h:• sues - g ed to noise complaints and El Tejaban's good re• . €1 ould fo them9 ✓` � ew -tion. In response to u= . s from itigt.ir Jabsnair stated is would include karaoke and jukebox, no live As. Ca ; stated ; a 11 deliveries to the restaurant would take place no lath.. . -n 5pm `:.e ''`' �r -ted t 'u: :'s e City did not have specific restrictions :;ate;:;.•. on the h ,: -ries. . ma' -• t ® ; ewer odor control equipment was very -_ 'e, give "'c. ;,exa t tl,iss. of Piz Po:il „-. In respo : :. questions '- .. .Co sioner Rublein, Brillhart stated that staff had not 9 received a '¢Eh responde '�. K.;rom (et ents. Rittenhouse stated that she had not received noti i •n. Brillha+°;s •arified that 6501 Nicollet Ave was the legal address of N' the property, whL.� 19 was suite number. Kim Shikowsk y (652 g': - °` ue) stated that noise issues happen 24/7 and any study �9�e done by staff would not It in a similar experience. M/Rublein S/Root, to close the public hearing. Motion carried: 7-0 Commissioner Rublein stated that a study of noise issues in general was warranted. In response to a question from Commissioner Root, Poehlman stated that an incident history was not looked at and planning staff may not have access to that information. 3 30 Commissioner Vizecky pointed out that commissioning of a study of noise issues falls under the purview of the City Council, given that noise ordinances are civil citations administered by Public Safety. Commissioner Rublein amended his previous statement that the Planning Commission strongly recommends to the City Council that a study be done. Commissioner Rosenberg stated she could not support the request without some additional condition. Caire stated that it was unfair to convey problems with G g •us tenants on El Tejaban. Hernandez stated that he does not over serve liquocariv.xicated customers. Community Development Director Stark pointe. pi at turnunity Development was not responsible for the enforcement of noise •g ances. ` -n read ordinances related to snowplowing, vehicle noise, an• , gatherings. 11116, a�> Chair Jabs concurred with other Commissio ' state - is about t i issues needing further study and stated that he was f. '- with the � losing time. 1111126.... NR111111, Commissioner Vizecky stated thalriewlicant de -s a chance to fail, rather than the Planning Commission imposin•te that the . not deserve. He stated that another tenant could move in and st. •pen am, 96 1 p liquor service, without comi t of the `' ping E dssio �' a exception of li In response to a qb: aon fro 11.. •ommissi ublein, -` -hlman stated that the Commission could p`e¢:edition •tipulation .♦ the CUP, including periodic review by staff. , Com ' er Ro 'y .,p' ted •. at liqu• ; : ses do require period review and re- appro `•k the City C . ,il arforidtkt is the best tool to address these issues. Poehlman "TOO mod that the °.. of th+-- •ncerns related to the shopping center as a � whole. She s e that as a' j3ulation the property owner could be required to meet with staff to disc"13angoing; , es and violations. This could be done by withholding the certificate of oc'.. -nc .�,� I this meeting has taken place. Chair Jabs clarified that ''•' ' ould like the meeting to include the property manager, staff, and neighbors. Commissioner Rosenberg concurred that a neighborhood representative be included. In response to a question from Commissioner Schuller, Poehlman stated that CUP approval stays with the land, but individual businesses must apply for a liquor license, which requires City Council approval. 4 M/Rublein S/Root, to recommend approval of the conditional use permit, with an additional stipulation: That prior to issuance of a certificate of occupancy, the property owner or management company must meet with staff and a neighborhood representative to discuss ongoing nuisance issues. Motion carried: 7-0 ITEM #3 13-IUP-02 — Consideration of an Interim Use Permit to allow Richfield Bloomington Honda to use City-owned property at 77.9 Pillsbury Avenue for employee parking. AMY Brillhart presented the staff report. :3 In response to a question from Commission- >-ck y Staf rified that the Interim Use Permit was necessary ry even though it �n City-owned i Serty met M/Root SNizecky, to close the public Ilk Alt '10k Motion carried: 7-0 In response to a question from Co s . it,,.;Rublein, ' (hart stated that the applicant (Honda) was responsible for any fina 'al o R" ° '*ns rel- Nat:�to the clearing and repair of the property. `0°',66:66:. << & MNizecky S/Root, I:��PB comm- >` .approv- - g' permit'`•�' �e interi '��e for off-site employee parking at ! Pills. Avenu Motion n i '_ : .>, „Asir » ITEM °' "d� 13-APU'Y — Conside'- .n o ==:�p •nditional Use Permit and major amendment to the Ce• I :,�int Comm'• :: Plan Unit Development to allow a McDonald's restaurant to f upy one of the vacant site at the northwest corner of 66th Street and Rich Parkw > Poehlman presented > ' ; report, highlighting the requirements for a PUD. She explained in further detaW y staff was ultimately recommending denial of the proposal, including issues with the site layout, building orientation, building materials, and cohesiveness with the overall Cedar Point Commons development. Poehlman stated that if the commission recommended and the City Council approved the proposal, numerous issues regarding access and circulation must be addressed. Chair Jabs opened the public hearing. 5 Chris Grote (McDonald's counsel) addressed the design issues of the proposed building as related to Resolution No. 9772, which authorized the Cedar Point Commons Planned Unit Development in 2006. Grote stated that the proposed design and materials do complement the existing buildings. He stated that the existing buildings also have their backs to 66th Street. He stated that the Home Depot and Target in the development were allowed to use signature colors and elements in their building designs. Trish Rothe (Kimley-Horn on behalf of McDonald's) sta g i re number of parking stalls was adequate by McDonald's standards. She state ''' • M :ngled parking was explored for better traffic circulation through the site, but it .141,Pit4ult in fewer stalls. She stated that a "pork chop island" to channelize traffic at gr.tra -xit on could be explored, but it would have to be a surmountable curb ..A€•w for tru . -livery access. Airss. Mark Kampmeyer (Ryan Companies rep eon W .tative) stated that '4:2roposed Three Rivers trail along Richfield Parkway was a gnriLe to th- , but thelki,the' - modified the site plan with its inclusion. Stark summarized staffs position position liritt,g.oposal a...q:filiz4ated that it was a cumulative reason for denial, rather than one ' le In response to a que • • :.,Chair J.. ., Poet p tate• q.:t staff had received all of the available ap •n '' . . .rials, in i ,..: no •les, before reaching their conclusion to reco,- -nd den`"u In response • •'uestiori' ;f l ° • ; ' 'asione Stark stated that the construction of Richfi A Amr o th- s vi. raffic issues in the area. Mark 41 -rberg (644 .a. Ave R(. request-• clarification on how much of the vacant lot was i'llaited in the prilittt,al a ''R ether access would be available through the northern ha the lot wou "-main'''ll.ant. Tim Carter (Ric a Bloomi ••n Honda) stated that this was a market-driven response and statellilksuar for the proposal. M/Root S/Rublein, to clo he public hearing. Motion carried: 7-0 Commissioner Vizecky stated that color alone wasn't enough reason for denial. He stated that there probably wasn't an alternate site design, including a drive-up window that could work on this site without other accommodations. Commissioner Rosenberg stated concerns with the reduction in parking stalls. 6 :3 Commissioner Root stated concerns with the proposal including parking lot landscaping and lighting, suggesting that the proposal was a square peg in a round hole. At Commissioner Root's request, Grote again displayed the façades of the building, detailing the various construction materials. Rothe explained the difficulty in orienting the building in a different manner and described how a surmountable curb could be implemented to prevent cars from taking a left out of the site. In response to a Commissioner Rublein, Kampmeyer stat-d that he has marketed the site to numerous retailers and restaurants since the de .� . ent opened. He stated that the sit-down restaurant category was not expan• ; `ampmeyer stated that the completion of Richfield Parkway would increase antgezivit4,,the site and perhaps increase the marketability of the site 1' In response to Chair Jabs, Kampmeyer st- . at there were $; -nt retail spaces available in the development and they hay ned down automot ses. Chair Jabs reiterated Commission Root's "V a peg, CA nd hole"Vi4 ent and stated that he felt it just didn't fit. Nth,Aniiiiirr M/Root S/Rublein to recommend‘r �....an amen` -nt to the Planned Unit Development, Conditional Use Per's,>.,a `9: -I Deventent Plan that would allow a Class III fast food restaurant with dri 1 :'. p ;'�� '.:.��, '',,;: Aar•. Motion carried: 6- -, ""ssenti `° ITEM #5 ` ' 13-CUP-04 — •nside ,..Plan M •royal to allow an adult daycare at 6722 P e i xNd p ,. Con •u• v< t �,,ring 1 i July 22nd. MNiz= y,S/Root to ' ue :• m 'ublic hea' ng to the July 22nd meeting of the Plannin•N3 mission. ui. OLD BUSIN °3 ,` None. LIAISON REPORTS Community Services Advisory Commission: No report City Council: Commissioner Schuller HRA: No report Richfield School Board: No report Transportation Commission: No report Chamber of Commerce: No report 7 ,,,,-- ,ti Other: Commissioner Schuller gave an update on development around the MOA and Toro's expansion in Bloomington. Commissioner Rosenberg shared information about the Beautiful Garden Tour. In response to a question from Commissioner Rublein about the status of a previously approved CUP for a restaurant at 6439 Lyndale Ave, Poehlman stated that building permits had been issued and work was underway, but no tenant has been identified. Rublein stated that the Housing Visioning Task Force would be giving a presentation at the upcoming City Council meeting. Stark stated that the presentation would be available online. CITY PLANNER'S REPORT s. None. �. %'; Aar 1.004. ADJOURNMENT ''' IIw� MNizecky S/Rublein g ` : `"' ' ��� rn the m� �i`ng. �'� '� �;°��,.�,..� �; Motion carried: '>A The meetin• A, adjoulq�t. • : l ous cl -nt at 9:56 p.m. c` -111:::::::;:44, Dan Kitz b o- 1'' •. IfilL Secretary '•. litik Alf ' ,• 8 112-R5- 6519 Nicollet Ave - CUP 6/2013 Surrounding Zoning 1:ii° o 4 c- j C Ifili .. E -141::--1 D C-2 c-2 c2 [--1R Lir : r- Lir 65TH STREET Lti RI-,) 0 flR �,�RE 4 E - C I I ,-- eta £e i W IR w / Q z W r Q II ❑ Z J G1j © Rj W Da{ p J H ..... ri Z -. * RLJ ° 1 I 0 -R © Fi , ❑ tic M I. D (,)O' 66TH STREET na R ❑ R I L R G-2- R FD 41 L WI o °I I� n I l r _1 — I Feet 0 60 120 240 360 480 600 c_1_Neighborhood Commercial C-2-General Commercial PC-2-Planned General Commercial R-Single Family Residential Path: I:\GIS\Community Development\Staff\Planning Tech\Projects\6501 Nicollet Z.mxd G,- a‘,. 6519 Nicol let Ave - CUP 6/2013 Surrounding Comprehensive Plan MIXED to, t_ L__. 1 I) . c r„,,•- 11W LtR 171 : C [DR . 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O. • 1 r ..,::Mme• ,.:., , AGENDA SECTION: RESOLUTIONS AGENDA ITEM# 7 REPORT# 135 =Ail STAFF REPORT RICHFIELD CITY COUNCIL MEETING JULY 9, 2013 REPORT PREPARED BY: MELISSA POEHLMAN, CITY PLANNER NAME,TITLE El 4 DEPARTMENT DIRECTOR REVIEW: YY�. _i=.cam .0. &ATURE OTHER DEPARTMENT REVIEW: ?v4 REVIEWED BY CITY MANAGER: � . 1121 il ITEM FOR COUNCIL CONSIDERATION: Consider a major amendment to the approved Cedar Point Commons Planned Unit Development, Final Development Plan and Conditional Use Permit that would allow construction of a McDonald's restaurant at the northwest corner of 66th Street and Richfield Parkway. I. RECOMMENDED ACTION: By Motion: Approve the attached resolution denying an amendment to the Planned Unit Development, Final Development Plan and Conditional Use Permit for Cedar Point Commons. II. EXECUTIVE SUMMARY Ryan Companies, owner of the land occupied by the Cedar Point Commons development and the vacant parcel across the street, has applied for a major amendment to their approved Planned Unit Development (PUD). The amendment requests permission to reconfigure the vacant parcels west of Richfield Parkway for the construction of a McDonald's restaurant. The proposed restaurant would occupy the southern half of the vacant land;the northern half would remain vacant for the time being. Staff has evaluated the proposed plans for compliance with Code requirements, the requirements of the existing PUD, and the goals and objectives of the 070913 - 6540 Richfield Pkwy APUD (McDonalds) Comprehensive Plan. While PUDs offer flexibility in the application of requirements, they are intended to do so in the interest of more efficient land use, superior design and greater benefit to the community than could be offered under strict interpretation of the guiding district regulations. Staff finds that the cumulative impact of the various deviations from Code requirements results in a proposal that does not meet the requirements necessary to approve an amendment to the PUD. III. BASIS OF RECOMMENDATION A. BACKGROUND In 2004, the City completed a redevelopment master plan for the Cedar Avenue Corridor area. The plan called for a mix of commercial and higher density housing that would be more compatible with airport noise and would be centered upon a greenway. In June 2006, the Council approved the first project within this area; the Cedar Point Commons PUD included approximately 370,000 square feet of building, comprised of a Super Target, Home Depot, full-service restaurant, bank and seven smaller multi-tenant buildings. Four of the smaller buildings were proposed for the northwest corner of 66th Street and Richfield Parkway. These buildings were not constructed along with the rest of the site in 2007, and the area has remained vacant. Ryan Companies is proposing to replat the area into two parcels, rather than four, to allow for construction of the McDonald's on the southern half. Ryan Companies last presented to the Council regarding a potential for McDonald's on March 22, 2011. B. POLICY • PUDs are intended to encourage the efficient use of land and resources and to encourage innovation in planning building. PUDs provide flexibility in the application of dimensional requirements, density and land uses if the proposed development is well-designed and can be successfully integrated into the neighborhood. PUDs are expected to provide superior design and/or benefit to the community in exchange for the requested flexibility. • The proposed plan is not in substantial compliance with the regulations of the guiding district (C-2). The applicant has oriented the site to meet the requirement that drive-thru service windows be a minimum of 50 feet from residentially zoned property. In doing so, the applicant has created a site that is at odds with the intention of all recent Code amendments and plans related to the relationship of buildings to the street and creation of developments that are supportive and friendly to pedestrians and bicyclists. • The following variations from standard requirements are requested: o Front yards (defined as the area between 66th Street and the south side of the building) may not contain anything other than fencing, ornamental outdoor furniture, parking areas, signage and landscaping. Drive-thru lanes are not permitted. o Front setback regulations are intended to bring the "front" of the building closer to the street and orient the building toward the public realm — hence the terms front setback. When terms are not specifically defined by the Code, the commonly understood meaning applies. To "front" means "to face." While the dimensional requirement is met (the building is within 60 feet of 66th Street), the orientation of the building is incorrect and brings the back of the building closer to the street. o Building must be oriented such that at least one principal entrance faces the public street. The primary entrance of the building faces west toward Mt. Calvary Church. A second entrance faces north toward the vacant lot. McDonald's has indicated that no other site layout is possible. o PUDs must be designed to create a desirable and unified environment. As part of a larger development, the proposed building is expected to complement the existing structures across the street. The proposed orientation and material color selection are not in keeping with the existing portion of the Cedar Point Commons development. • The proposed building turns its "back" to both 66th Street and Richfield Parkway with the drive- thru ordering station and pick-up window facing the community and the shops on the other side of the Parkway. While the multi-tenant shops across the street are oriented inward, they have been done so in order to create an interior circulation system that encourages patrons to walk between shops. The proposed building has no such reason to orient in this manner. • While the developer has shown that there is a modest amount of lighter colored materials in the existing development, it is used primarily as an accent color. The proposed building has is almost entirely white (oyster) tile — a design that is in stark contrast to the rest of the buildings. Staff has requested the substitution of a metal or grey tile as a means of improving the relationship to the existing buildings, but McDonald's is not willing to make changes to the proposed color. o Buildings are required to have an attractive appearance from all sides and windows or simulated windows are required on any wall facing a street. o Staff has concerns related to parking, queuing space and the ingress/egress from the site. • The applicant has requested a reduced parking requirement based on their own operational knowledge and experience. Staff has typically supported a reduction based on internal requirements when the proposed operator is prolific in an area. City requirements call for 67 parking stalls (4,365sf/1000 * 17 — 10% = 67). This same parking ratio is used by St. Louis Park. The City of Edina would require fewer spaces. McDonald's internal calculations call for 1 space per peak shift employee plus 1 stall/3 seats. (15 + 87seats/3 = 44 parking stalls.) The proposed plan provides 49 stalls. Staff has concerns about the degree of departure from City requirements (18 stalls or a 27% reduction on top of the 10% reduction already included for proximity to transit). The McDonald's at 66th Street and Lyndale Avenue is 4,521 sf and provide 52 spaces (a 22% reduction from requirements). • Although the minimum requirement for 70 feet of queuing space is met, it is staff's opinion that the proposed drive-thru lane will interfere with an already reduced parking area. McDonald's has indicated that up to 70% of their customer traffic can be through the drive-thru lane. • The Public Works Department, Hennepin County and Three Rivers Park District have all voiced concerns about the width and radius of the proposed driveway and the potential for conflict with bicyclists and pedestrians on the future trail. The Public Works Department would require a channelized apron to ensure right-only exiting. Additionally, if surmountable curb is used (as McDonald's has indicated would be necessary), no changes to the Richfield Parkway median would be permitted. It is unclear whether these conditions would work for McDonald's. o Parking lot landscaping requirements are not met. McDonald's has indicated that additional landscaping and shade trees can be added, although staff is unsure how this could happen without further parking stall reductions. o The minimum parking lot setback from residentially zoned property is 15 feet. This requirement is not met at the northwest corner of the site. This property is currently used by the Church rather than for residential purposes. o The proposed lighting plan exceeds permitted maximum light levels and fails to provide information regarding light levels extending to all property lines and street centerlines. • Comprehensive Plan Agreement— PUDs and the accompanying Conditional Use Permits (CUPs) require agreement and conformance with the goals and objectives of the City's Comprehensive Plan. A stated policy of the Comprehensive Plan is to "accommodate business growth" that "respects the values and standards of the citizens of Richfield." Development is expected to be "responsive" to the surrounding neighborhood. It is the opinion of staff that the proposal does not meet these requirements. • An Administrative Review Committee meeting was held on June 6, 2013. All City departments have had an opportunity to review the proposal. C. CRITICAL TIMING ISSUES • 60-DAY RULE: The 60-day clock `started' when a complete application was received on June 11, 2013. A decision is required by August 10, 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. D. FINANCIAL • The required application processing fee has been paid. E. LEGAL • A public hearing was held before the Planning Commission on June 24, 2013. • Notice of the public hearing was published in the Sun Current newspaper and mailed to properties within 350 feet of the project area. • Resident Marc Soderberg spoke at the hearing. Clarification was provided in regard to the fact that no ingress/egress to the site shall be provided off of 65th Street. • Tim Carter, Richfield Bloomington Honda General Manager, indicated support for the proposal. • The Planning Commission, citing various reasons, voted to recommend denial of the proposal (6-1, Vizecky dissenting). Planning Commission minutes are attached to this report. F. ENVIRONMENTAL CONSIDERATIONS • N/A IV. ALTERNATIVE RECOMMENDATION(S) • Make findings to support approval of the proposed application and direct staff to prepare a revised resolution to be considered prior to the expiration of the 60-day clock. V. ATTACHMENTS • Resolution • Required findings • Resolution No. 9772 approving Cedar Point Commons • Proposed plans • Renderings and photos • Parking reduction request • DRAFT Planning Commission minutes— June 24, 2013 • Planning & Zoning maps VI. PRINCIPAL PARTIES EXPECTED AT MEETING • Anthony Thompson — McDonald's • Chris Grote — Lindquist & Vennum • Trish Rothe — Kimley-Horn • Mark Kampmeyer— Ryan Companies RESOLUTION NO. RESOLUTION DENYING AN AMENDMENT TO THE PLANNED UNIT DEVELOPMENT, FINAL DEVELOPMENT PLAN AND CONDITIONAL USE PERMIT FOR CEDAR POINT COMMONS WHEREAS, Ryan Companies ("Owner") has submitted an application for an amendment to the planned unit development, conditional use permit and final development plan of Cedar Point Commons, to the City of Richfield for real property legally described as (collectively, "the Property): LOTS 1, 2, AND 3, BLOCK 2, CEDAR POINT COMMONS WHEREAS, the application proposes to develop approximately one half of the Property as a Fast Food (Class III) Restaurant with drive-up service; and WHEREAS, the currently approved plans call for four multi-tenant retail buildings to occupy the Property; and WHEREAS, the Planning Commission of the City of Richfield held a public hearing and recommended denial of the requested final development plan and conditional use permit at its June 24, 2013 meeting; and WHEREAS, notice of the public hearing was published in the Sun-Current and mailed to properties within 350 feet of the subject property on June 11, 2013; and WHEREAS, on June 24, 2013, the Planning Commission recommended denial of the application by a vote of 6 to 1; and WHEREAS, the City Council considered the application an amendment to the planned unit development, final development plan and conditional use permit on July 9, 2013. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RICHFIELD HEREBY RESOLVES AS FOLLOWS: 1. Findings of Fact. The City Council hereby makes the following findings of fact: A. The City's zoning ordinance establishes zoning classifications for individual property. The property legally described as Lots 1, 2, and 3, Block 2, Cedar Point Commons ("the Property") are zoned PC-2 (Planned General Commercial). B. A planned unit development, final development plan and conditional use permit was approved for the Property on June 27, 2006. This plan called for four retail buildings to be constructed on the property. B. Ryan Companies has submitted an application to the City for an amendment to the planned unit development, final development plan and conditional use permit for the Property which would allow construction of a fast food restaurant with drive-up service approximately one-half of the Property. C. Planned unit development plans are required to conform to the goals and objectives of the City's Comprehensive Plan. A stated policy of the Comprehensive Plan is to "accommodate business growth" that "respects the values and standards of the citizens of Richfield." Development is expected to be "responsive" to the surrounding neighborhood. The proposed development does not meet the standards of the community and is not responsive or complimentary to the surrounding neighborhood. The proposed building turns its "back" to the community. Further, Richfield Parkway, which the proposal abuts, is identified as a future vehicular and greenway corridor that will traverse much of Richfield and extend north to the Minneapolis border. The Comprehensive Plan calls for the inclusion of an off-road trail to be developed in conjunction with the Three Rivers Park District along Richfield Parkway. The applicant has included the proposed trail on their plans; however, the driveway from Richfield Parkway has been designed to accommodate semi-truck turning movements and in doing so makes pedestrian and bicycle crossing more dangerous. The existing design does not conform to the goals and objectives of the City's Comprehensive Plan. D. Planned unit developments are required to be designed in such a manner as to form a desirable and unified environment within its own boundaries. The proposed building turns its "back" to both 66th Street and Richfield Parkway with the drive-thru ordering station and pick-up window facing the community and the shops on the other side of the Parkway. While the multi-tenant shops across the street are oriented inward, they have been done so in order to create an interior circulation system that encourages patrons to walk between shops. The proposed building has no such reason to orient in this manner. While the developer has shown that there is a modest amount of lighter colored materials in the existing development, it is used primarily as an accent color. The proposed building has almost entirely white (oyster) tile — a design that is in stark contrast to the rest of the buildings. Staff has requested the substitution of a metal or grey tile as a means of improving the relationship to the existing buildings, but McDonald's is not willing to make changes to the proposed color. As proposed, the development amendment does not form a desirable and unified environment with the existing Cedar Point Commons development. E. Planned unit developments are required to be in substantial conformance with the purpose and intent of the guiding district, and departures from guiding district regulations must be justified by the design of the development. The proposed development fails to meet requirements related to: front yards, front setback, building orientation, appearance, parking, transportation level of service, parking lot islands, parking lot setback and lighting. The proposed plan is not in substantial conformance with the guiding district (C-2) regulations. Departures from Code requirements cannot be justified by the design of development. F. Planned unit developments may not create undue adverse impacts on neighboring properties. As currently designed, proposed median and site entrance changes are not acceptable. As designed, the modified median encourages dangerous left turn movements and the exit poses increased danger to pedestrians and bicyclists. G. The defined purpose of planned unit development regulations is to provide an opportunity for innovative and creative development, while assuring that development will complement existing neighborhood character. The proposed development is a standard McDonald's that could be built in any Midwestern community, as opposed to an innovative and creative design. The proposed development is not complementary to the existing portion of the Cedar Point Commons development. The rear of the proposed building faces the adjacent streets and businesses. The color of the proposed materials on the north side of the building are in stark contrast to the existing development. 2. On the basis of the foregoing findings, the application an amendment to the planned unit development, final development plan, and conditional use permit are denied. Adopted by the City Council of the City of Richfield, Minnesota this 9th day of July, 2013. Debbie Goettel, Mayor ATTEST: Nancy Gibbs, City Clerk Required Findings Part 1: The following findings are necessary for approval of a PUD application (542.09 Subd. 3): 1. The proposed development conforms to the goals and objectives of the City's Comprehensive Plan and any applicable redevelopment plans. The property is designated as Regional Commercial in the Comprehensive Plan and is within the Cedar Avenue Corridor Master Plan area. A wide variety of commercial uses are permitted in this area. A stated policy of the Comprehensive Plan is to "accommodate business growth" that "respects the values and standards of the citizens of Richfield." Development is expected to be "responsive" to the surrounding neighborhood. The proposed development does not meet the standards of the community and is not responsive or complimentary to the surrounding neighborhood. The proposed building turns its "back" to the community. Further, Richfield Parkway, which the proposal abuts, is identified as a future vehicular and greenway corridor that will traverse much of Richfield and extend north to the Minneapolis border. The Comprehensive Plan calls for the inclusion of an off- road trail to be developed in conjunction with the Three Rivers Park District along Richfield Parkway. The applicant has included the proposed trail on their plans; however, the driveway from Richfield Parkway has been designed to accommodate semi-truck turning movements and in doing so makes pedestrian and bicycle crossing more dangerous. The existing design does not conform to the goals and objectives of the City's Comprehensive Plan. 2. The proposed development is designed in such a manner as to form a desirable and unified environment within its own boundaries. The proposed orientation and material color selection are not in keeping with the existing portion of the development. The proposed building turns it "back" to both 66th Street and Richfield Parkway with the drive-thru ordering station and pick-up window facing the community and the shops on the other side of the Parkway. Bike racks have been included; however, they are located at the main entrance, which faces neither street. While the developer has shown that there is a small amount of light/white colored stone used in the existing development, the front (north) of the proposed building is almost entirely white tile — a design that is a stark contrast to the rest of the development. Staff has requested the substitution of a metal or grey tile; however, McDonald's representation says that this is not an option. Staff has also requested to see other potential designs, but has not received anything. McDonald's has varied from their corporate standard in other locations, including the restaurant at 66th Street and Lyndale Avenue. In order to form a more cohesive development, variations should be made at this location as well. Internal circulation questions also remain. The proposed parking stall design would encourage vehicle travel in both directions, while lane width accommodates only one-way travel. Additional discussion with the City's Transportation Engineer and site revisions would be necessary to ensure safe vehicle movement through the site. As proposed, the development amendment does not form a desirable and unified environment with the existing Cedar Point Commons development. 3. The development is in substantial conformance with the purpose and intent of the guiding district, and departures from the guiding district regulations are justified by the design of the development. The proposed development is inconsistent with the following requirements: Building siting: Front yards - Front yards (defined as the area between 66th Street and the south side of the building) may not contain anything other than fencing, ornamental outdoor furniture, parking areas, signage, and landscaping. Drive-thru lanes are not permitted. Front setback—The intent of this regulation is to bring the "front" of the building closer to the street, as to "front" means "to face." While the dimensional requirement is met, the orientation of the building is incorrect. Building Orientation — Buildings are to be oriented such that at least one principal entrance faces the public street. This requirement is not met. Architecture: Appearance — Buildings are required to have an attractive appearance from all sides. Windows —Windows or simulated windows are required on any wall that faces the street. Circulation: Parking —The applicant has requested a reduced parking requirement based on their own operational knowledge and experience. Staff has typically supported a reduction based on internal requirements when the proposed retailer is prolific in an area. City requirements calls for 67 parking stalls (4,365sf/1000 * 17 — 10% = 67). McDonald's internal calculations call for 1 space per peak shift employee plus 1 stall/3 seats. (15 + 87seats/3 = 44 parking stalls.) The proposed plan provides 49 stalls. Staff has concerns about the degree of departure from City requirements (18 stalls or a 27% reduction on top of the 10% reduction already included for proximity to transit). Queuing space —Although the minimum requirement for 70 feet of queuing space is met, it is staff's opinion that the proposed drive-thru lane will interfere with required parking. McDonald's has indicated that up to 70 percent of their customer traffic can be through the drive-thru lane. As mentioned above, there are concerns about the availability of parking and the location of the queuing lane could potentially block all of the parking stalls immediately adjacent to the building. Intersection level of service —The Public Works Department, Hennepin County and Three Rivers Park District have all voiced concerns about the width and radius of the proposed driveway and the potential for conflict with bicyclists and pedestrians on the future trail. The Public Works Department would require a channelized apron to ensure right-only exiting. Additionally, if surmountable curb is used (as McDonald's has indicated would be necessary), no changes to the Richfield Parkway median would be permitted. It is unclear whether these conditions would work for McDonald's. Landscaping: Parking lot islands —A minimum of 5 percent of parking lots that provide for 25 vehicles must be devoted to landscaped islands with overstory shade trees. The applicant has included areas that are not landscaped and areas that are not within the parking lot in this calculation. When calculated as intended and defined, this requirement is not met. As proposed, 3.3 percent of the parking lot is devoted to landscaped islands and the required shade trees have not been provided. Other site requirements: Parking lot setback— Parking lots must be set back a minimum of 15 feet from residential property. The rear half of the adjacent Church is zoned Residential. This requirement is not met. Lighting — The proposed plan does not meet submittal requirements (measurements must extend to property lines and street centerlines) and also exceed permitted light levels. The proposed plan is not in substantial compliance with the regulations of the guiding district. The applicant has oriented the site to meet the requirement that drive-thru service windows be a minimum of 150 feet residentially zoned property. In doing so, the applicant has created a site that is at odds with the intention of all recent Code amendments and plans related to the relationship of buildings to the street and creation of developments that are supportive and friendly to pedestrians and bicyclists. The proposed plan does not compliment the larger development of which it is a part. While Planned Unit Developments allow from departures from Code requirements, this flexibility is given in exchange for superior design and integration into the neighborhood. 7 - - 4. The development will not create an excessive burden on parks, schools, streets or other public facilities and utilities that serve or area proposed to serve the development. The Public Works Department has reviewed the proposal and that adequate services are or will be available. 5. The development will not have undue adverse impacts on neighboring properties. Odor control would be required to protect residential properties nearby. The current design of median and site exit are not acceptable to the Public Works Department; it is unclear to staff whether or not McDonalds could make the changes required. Notice of the required public hearing has been sent to all properties within 350 feet of the proposal. 6. The terms and conditions proposed to maintain the integrity of the plan are sufficient to protect the public interest. N/A. Staff recommends denial of the proposal in that it does not meet requirements. Part 2: All uses are conditional uses in the PC-2 District. The findings necessary to issue a Conditional Use Permit (CUP) are as follows (Subd. 547.09, Subd. 6): 1. The proposed use is consistent with the goals, policies, and objectives of the City's Comprehensive Plan. See above: Part 1, #1. 2. The proposed use is consistent with the purposes of the Zoning Code and the purposes of the zoning district in which the applicant intends to locate the proposed use. The purpose of planned unit development regulations is to provide an opportunity for innovative and creative development, while assuring that the development will complement existing neighborhood character. The proposed development is neither creative nor innovative as it is the same proposal that could be built on any site in the Midwest. The proposal does not complement the existing portion of the Cedar Point Commons development or the surrounding neighborhood. 3. The proposed use is consistent with any officially adopted redevelopment plans or urban design guidelines. The Cedar Avenue Corridor Master plan allows for a wide variety of commercial uses. 4. The proposed use is or will be in compliance with the performance standards specified in Section 544 of this code. This requirement is not met. See above — Part 1, #3. 5. The proposed use will not have undue adverse impacts on governmental facilities, utilities, services, or existing or proposed improvements. The Public Works Department has reviewed the proposal and that adequate services are or will be available. (g 6. The use will not have undue adverse impacts on the public health, safety, or welfare. As proposed, the median changes and exit would create a traffic hazard. 7. There is a public need for such use at the proposed location. The successful development of vacant lots is important to the City. 8. The proposed use meets or will meet all the specific conditions set by this code for the granting of such conditional use permit. This requirement is not met. 1 - 9 RESOLUTION NO. 9772 RESOLUTION AUTHORIZING A FINAL DEVELOPMENT PLAN AND CONDITIONAL USE PERMIT FOR THE CEDAR POINT COMMONS PROJECT WHEREAS, an application has been filed with the City of Richfield which requests approval of a final development plan and conditional use permit for a commercial development of 29.6 acres on land generally located between 17th Avenue and Trunk Highway 77 (TH 77) and 63rd and 66th Streets, legally described in Exhibit A; and WHEREAS, the Planning Commission held a public hearing on the request for a final development plan and conditional use permit on April 24, 2006 and voted unanimously to recommend approval; and WHEREAS, the Environmental Assessment Worksheet for the project has been found adequate; and WHEREAS, notice of the public hearing was published in the Sun-Current and mailed to property owners within 350 feet of the subject property on June 1, 2006; and WHEREAS, the City Council conducted a public hearing on the final development plan and conditional use permit on June13, 2006; and WHEREAS, the proposed commercial use is consistent with the goals, policies, and objectives of the City's Comprehensive Plan: A. The Comprehensive Plan Guide Plan designates the project area as Regional Commercial/Office and the proposed development is consistent with this designation. B. An objective of the Comprehensive Plan is to "advocate and support with municipal investment a high quality visual environment throughout the City and particularly along major transportation corridors:" The proposed development is consistent with this objective. C. The development is also consistent with the following goal of the Comprehensive Plan: "Provide an economic climate within Richfield that will encourage the availability of quality goods, services and employment opportunities for residents." D. The development is consistent with the Comprehensive Plan goal to, "Promote diverse development that will broaden the tax base while reinforcing the residential character of Richfield," and with its accompanying objective, "promote development that can support itself and broaden the tax base." E. The development is consistent with the following Comprehensive Plan objective: "promote Richfield's locational advantage within the greater metropolitan area." F. The development is consistent with the Comprehensive Plan objective to "address the means to improve the visual quality throughout the City, concentrating on design districts and transportation corridors, beginning with land use coordination." G. The development is consistent with the description of the Cedar Avenue Corridor subarea plan that states as follows: "The } 1° proposal for the Corridor area between East 63rd Street and Diagonal Boulevard is proposed to be largely redeveloped to attract regional commercial and office." WHEREAS, the commercial use is consistent with any officially adopted redevelopment plans or urban design guidelines: A. A redevelopment project area has been established. The proposed project is consistent with that project area. B. The project area provides for the facilitation of redevelopment of land for the construction of commercial/retail development better suited to withstand airport noise. C. The project area provides modern transit stops with bus pullouts and landscaping. D. The project area provides newer designed, high-volume street intersections better able to control traffic and interface with pedestrian traffic. E. The project area provides for bikeways, pathways for non-vehicular traffic. F. The project area enhances with decorative concrete, pedestrian lighting, and landscape features. WHEREAS, the commercial use is or will be in compliance with the performance standards specified in Section 541 of this code: A. Lighting will provide adequate levels for safe use of parking areas. The lighting will meet City ordinance requirements for less than 0.5-foot candles at any residential property line. One hour after store closings, only safety lighting will remain on. B. The development will include 1,521 parking stalls, which is approximately 92 percent of the number of stalls that would be required under the City's parking standards. The reduction in parking stalls is acceptable because of the transit-oriented nature of the development. It is expected that many shoppers and employees will use modes of transportation other than cars. Shared parking and differences in peak parking needs for the different businesses are also expected to reduce the parking demand. C. Several traffic improvements are planned in the vicinity of the development, including a new roundabout at 17th Avenue and 66th Street and improvements to TH 77 and 66th Street. Those improvements, which have received necessary approvals, will accommodate the traffic of the development as well as future development south of 66th Street. The development includes transit-oriented elements, including bus pull-outs on 66th Street, twenty-foot sidewalks throughout the development to allow for comfortable walking and strolling space for shoppers, and bike racks to be located throughout the development to allow shoppers and employees the choice of using alternative modes of transportation to the development. The project will be accessible by foot, public transportation, bicycle, and motor vehicle. D. The City Zoning Ordinance requirements for landscaping are exceeded by the proposed landscaping plan. The developer will provide trees of 3 1/2 inch and 4 inch caliper, where the code 7 — ) I requires only 2-%Z inch caliper. Shade trees will be planted along the perimeter every 30 feet as required by code. The development will include approximately 462 trees, where the code requires only 329 trees. The east side of 17th Avenue has a 27-foot wide berm that will be planted with multiple layers of over-story and ornamental trees and shrubs from 65th Street to 64th Street to separate the parking from the street and minimize the intrusion of headlights into the neighborhood. From 64th Street to 63rd Street the berm will turn to a heavily landscaped edge with evergreen shrubs for year-round screening. E. Trash will be accommodated inside the truck wells of Home Depot and SuperTarget. Trash will be accommodated inside the buildings for all other buildings. F. Electrical and utility service lines will be installed underground. G. The west elevation of the SuperTarget and Home Depot buildings and the south elevation of the SuperTarget building will use a concrete block material that looks like brick. The building materials on the other buildings will include the concrete block material, metal panels and glass, and the architecture for the buildings is four-sided architecture. H. Roof-top mechanical equipment will not be visible • from surrounding roadways, and if it is found to be visible all roof-top mechanical equipment will be screened with like material of the building(s) and approved by the Community Development Department. I. The development complies with the City's surface water management plan. The developer will construct a regional pond in the MnDOT right-of-way that is located to the north of Cedar Point Commons and to the west of TH 77. The regional pond will be designed and constructed to retain and treat stormwater runoff for 130 acres, including the 30-acre Cedar Point Commons development as well as future runoff from the west of 17th Avenue and portions to the south of 66th Street in the Cedar Avenue Corridor. The stormwater design takes advantage of the soil conditions that will allow infiltration of stormwater. The majority of the storm sewer will be perforated pipe to allow water to be dispersed throughout the site as the water flows to the pond. The developer has also included a water infiltration landscape area in the parking lot between SuperTarget and Home Depot as a way to reduce stormwater runoff. WHEREAS, the commercial use will not have undue adverse impacts on governmental facilities, utilities, services, or existing or proposed improvements: There are adequate facilities, utilities and services to support the development. With the proposed improvements as identified in the Environmental Assessment Worksheet, there will be adequate roadways to serve the development; and WHEREAS, the commercial use will not have undue adverse impacts on the public health, safety, or welfare: A. The development is designed to be pedestrian-friendly and transit-oriented, and planned traffic improvements will accommodate additional traffic generated by the development. B. The development includes a screen wall approximately 800 feet in length along TH 77. The wall will screen almost all delivery activity behind Home Depot and SuperTarget. Complementary plantings will blend with the screen wall and architectural facades. C. The development includes significant landscaping to provide a buffer and screening from residential development to the west. D. The developer has consulted with a noise consultant to mitigate the noise impacts on the development caused by the neighboring airport. The developer has incorporated several features into its development in order to mitigate noise, including: orientating the site to the west, away from the airport; locating the majority of doors to face north, south and west, away from the airport; limiting the number of windows facing east — only .02% of all the building facades is comprised of windows; and using building materials (other than windows) that reduce noise levels so as to meet applicable noise standards; and WHEREAS, there is a public need for such use at the proposed location; the Comprehensive Plan description of the Cedar Avenue Corridor plan states as follows: "The intersection of East 66th Street and Cedar Avenue affords the opportunity to attract a major regional commercial use such as a regional retail center;" and WHEREAS, the commercial use meets or will meet all the specific conditions set by this code for the granting of a final development plan and conditional use permit; and WHEREAS, the City has fully considered the request for approval of the final development plan and conditional use permit; and NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Richfield, Minnesota, as follows: 1. The City Council adopts as its Findings of Fact the WHEREAS clauses set forth above, and all the facts set forth in the Background Section of City Council Report No. 142. 2. A final development plan and conditional use permit are approved for a commercial use as described in City Council Report No. 142, on the Subject Property legally described in Exhibit A. 3. The final development plan and conditional use permit are subject to completing the following conditions before being issued: Ongoing Conditions and Requirements 1) The site shall be developed and maintained in substantial conformance with the following plans, unless modified by the conditions below a) Site Plan, dated 6/1/06 b) Elevations, i) Target, including wall signs and roof logo, dated 3/20/06 ii) Home Depot, including wall signs, dated 1/20/06 iii) Retail Building, dated 4/4/06 iv) Outbuildings, dated 3/31/06 c) Building materials, dated 2/27/06 d) Grading Plan, dated 6/1/06 e) Utility Plan, dated 6/1/06 f) Lighting Plan, dated 6/1/06 g) Landscaping Plan, dated 6/1/06 h) Removals Plan, dated 6/1/06 i) Traffic Signage and Striping Plan, dated 6/1/06 j) Project signs, dated 4/27/06 and 3/31/06 k) Cedar Point Operations, Appendix A 2) Uses not allowed in the planned unit development include: stereo installation, taxi or limousine service, vehicle parts store, tree trimming services, assembly, light manufacturing, and warehouse, auto or boat sales/leasing, service stations, auto detailing, car washes, public-mechanical garage, and public-auto body garage. 3) Future buildings and additions require major planned unit development amendment. 4) Design of future buildings shall be similar to SuperTarget and Home Depot. 5) Maximum height of buildings should be 100 feet(based on Minneapolis-St. Paul International Airport Zoning Ordinance). 6) The property owner is responsible for replacing any required landscaping that dies. 7) Property owner and tenants are responsible for ensuring all appropriate and reasonable measures are taken so that shopping carts will stay on the property. 8) Concrete commercial driveway aprons required at all entrances between public streets/private & City property. 9) Trash containers shall be stored inside buildings or within the Target or Home Depot truck wells. 10)Plans approved by City Council are subject to any changes set forth by required code compliance and policy. 11)Buildings shall be constructed to meet noise standards set forth in the report of Orfield, dated May 18, 2005. Improvements for noise shall include: a) Orientation of the entire site to the west. b) Majority of all doors in the development face north, south, and west. Away from the north-south runway. c) Cedar Point Commons building materials meeting all Orfield requirements, except windows. 12)During construction, 17th Avenue and 66th Street must be kept free of debris and sediment, and the tree protection fencing and erosion control fencing must be maintained. Before the issuance of the Final Development Plan and Conditional Use Permit 1) If applicable, evidence of watershed district approval. 2) The developer must provide to the City Attorney for review a declaration of covenants or similar instrument that provides for common access and shared parking consistent with the development plan and that provides for ongoing maintenance of property. Before issuance of demolition permits 1) Installation of tree preservation fencing according to approved tree protection plan, wetland protection fencing, temporary rock driveways and erosion control measures, as developer acquires property. 2) Attend a pre-construction meeting. Before issuance of grading permits (not including the interim grading permit for the utility relocation) x - 114 1) Submit construction-parking plan for Public Works review and approval. 2) Submit Sanitary Sewer Extension permit from MPCA. 3) Submit NPDES Permit—Construction Stormwater--from MPCA. 4) Purchase wetland banking credits for stormwater pond. 5) Submit wetland replacement permit from Corps of Engineers, if applicable. 6) Submit encroachment permit for grading from MnDOT. 7) Submit watermain extension approval from Department of Health. 8) Submit permit for connection to interceptor sewer from Met Council, if applicable. 9) Submit tax abatement county funding approval. 10)Submit revised site plans with the following changes for staff review and approval: a) Sidewalks should be at least 6 feet wide only if there is at least 4 feet of landscaping between the curb and sidewalk for snow storage, otherwise sidewalks should be at least 10 feet. b) Add bollards in front of Home Depot between sidewalk and parking lot. c) Add trash containers in front of out buildings' entrances to the stores. 11)Submit revised removals plan with the following note:'"Removal of structures shall be permitted by-the City of Richfield."The City of Richfield will require the removal of watermain and related structures by Ryan, but the watermain remains property of the City and the City will recycle the watermain. The City will take hydrants for spare parts. The City may also salvage signs and streetlights. Any utility or structure not taken by the City for salvaging or recycled will need to be disposed of by the contractor. 12)Submit revised utility plans for staff review and approval with the following change: add "and all requirements and standards of the City of Richfield"to all utility notes mentioning construction shall conform to standard specifications. 13)Submit a final stormwater management plan to and approved by the Public Works Director. 14)Submit a final plan for walkways and sidewalks, both public and private, for review and approval by staff. 15)Submit financial escrow to ensure compliance with grading and erosion control plans. The city will not release the letter of credit or cash escrow until the developer submits as-built drawings and a letter certifying that the utilities and grading have been completed according to the plans approved by the city. 16)All concrete work on the right-of-way must be inspected by the City' s Engineering Department prior to pouring the concrete. A 24-hour notice is required. Before issuance of a building permit(s) 1) Submit performance surety for landscaping for 100% of the value. 2) Submit irrigation plan for staff review and approval. 3) Submit building samples to ensure color coordination. t. 4) Submit maintenance agreement for public improvements and a copy of the maintenance agreement for the private property. a) Maintenance Agreement shall include clarification on maintenance of landscaping and snow removal on 66th Street and 17th Avenue. b) Maintenance agreement shall clarify responsibility of temporary maintenance of landscaping in the roundabout and medians on 66th '. Street and 17th Avenue. 5) Submit MnDOT approval of landscaping plan along TH 77. 6) Submit amenities plan with benches with backs for staff review and approval. 7) Submit design of Home Depot's cart corrals. 8) Submit revised lighting plan for staff review and approval with the following changes: a) Show lighting effects on the building elements, particularly the trellises, fins and signs. b) Have sufficient light levels at entrance from 17th Avenue. c) Have the circuits for lights along 66th Street and 17th Avenue separate from site lighting. d) Use high-pressure sodium lights along public streets. e) Provide manufacture cut sheets for lighting fixtures. f) All wall packs shall be shielded. 9) Submit revised building elevations for staff review and approval with the following changes: a) Removing the Home Depot lettering on the fins on the east façade. b) Reducing the lettering of the Home Depot sign on the north façade from five feet to four feet. 10)Submit hook-up fees for SAC and WAC. 11)Submit roof top plan and cross-section elevations demonstrating roof top equipment on all buildings will be screen from the public right-of-way. 12)Submit recorded copy of this resolution. Before issuance of occupancy permit(s) 1) Receive approval and record final plat. 2) Provide staff a copy of cross access and parking agreements between lots. 3) Complete all work within 17th Avenue and 66th Street right-of-way. 4) Mill and overlay of 17th Avenue. On other streets that are to be paved, paving needs to be stopped perpendicular to the curbline. 65th Street, 17th and Cedar Avenue show stepped patches, pave street full width up to furthest extent of patching. 5) Need to screen or paint service doors, mechanical equipment and gas and electrical meter boxes to match wall color. 6) Approval does not include the signs shown on the drawings. Separate sign permits are required. 7) Target logo on roof must receive approval from City Council. The City Council must deem the site as an unusual location. 8) The developer must provide evidence satisfactory to the City Attorney that the declaration of covenants establishing access and parking rights and maintenance obligations, as approved by the City Attorney, has been recorded against the property and is enforceable against all entities that hold interests in the property. 4. The final development plan and conditional use permit shall remain in effect for so long as conditions regulating it are observed, and the conditional use permit shall expire if normal operation of the use has been discontinued for 12 or more months, as required by the Zoning Ordinance, Section 546.05, Subd. 9. 5. This resolution shall be effective upon the rezoning of the properties in accordance with Transitory Ordinance No. 2006-9. 6. The City Clerk is directed that this resolution shall bear the same number as the previous resolution. Adopted by the City Council of the City of Richfield, Minnesota this 27th day of June, 2006. This resolution replaces and supercedes the resolution as adopted on June 13, 2006 • • Martin J. Ki , Mayor ATTEST: Nancy Gibbs, ity Clerk -7 - 1 7 Exhibit A Legal Description That part of the following described parcels of land: Lots 1-6, Block 3; and Lots 1-12, Block 4; and Lots 1-16, Block 5; and Lots 3-8 and Lots 9- 14, Block 6; all in IVERSON'S SECOND ADDITION; and Lots 1-14; Block 1; and Lots 1- 14, Block 2; and Lots 1-5 and Lots 9-14 and the Southerly 25 feet of Lot 6, Block 3; and Lots 1-4, Block 4; and Lots 1-2, block 5; all in IVERSON'S THIRD ADDITION; and Lots 1- 10, Block 5; and Lots 1-12, Block 8; and Lots 3-12, Block 15; all in the NEW FORD TOWN; according to the recorded plats thereof, Hennepin County, Minnesota 4 02013 Westwood Professional Services. Inc. Coll 48 Hours before digging: ,. 811 or ca11811.com \ \ Common Ground Alliance II ' .: A o 1 1 \ LEGEND I589°5753'W 131,83 1 - SIGN-TRAfF,C/OTHER ® UNKNOWN MANHOLE % p 123 I 9. , \ ® CABLE TV BOX No CATE VALE 589 5733`W��� >-500°02'27 E 12.50 0' - 40,9J N I i \ ` STREET LITE .5 HYDRANT o r 80.5— �1 I ` —crv— CABLE TV ti I Li_ ELECTRIC MANHOLE 35-- t m --i- -_ I71H L u3 ` Q SANITARY MANHOLE —°10-- POWER UNDERGROUND 1 �D�a ArFAusnINH 1 ` ® CATCH BASIN —sv— SANITARY SEWER `.v :` Ran=114X:0 ,I ` I —s,— STORM SEWER e3a \ e o CAS VALVE *r-,Us . —wA— WATERMA,N LOT Z "h __ _ _ e STORM MANHOLE — FENCE LINE 813 I - ^ Er TELEPHONE BOX ..SEX 40 f tt=ea I-,:, 1 CONCRETE SURFACE R ::1 BITUMINOUS SURFACE I _J — r — ,l! M��w.B, J�,n r r 1 __3S____ =e40.0 E L__ — vII�— — --) i ® (;) i = "` C5 SURVEYOR'S NOTES: 164 1 "' 1) The Bearings shown ore based on the plot of CEDAR POINT COMMONS 1 NZ 1 S89°5733'W 173.26 I a 1 k _. 2) Elevations are based on NAND '88 datum. Benchmark: Top Nut Hydrant, NW Ouod of Richfield E. N I I r) Parkway and 66th Street = 84838 # irk ?o f-=`�- - I ,. , �. I I-` 3) Field work for existing conditions was completed on 12-16-2011 . i `g "1 I� I y r..,::: ,l R \, : BLOCK 1 ,1 LEGAL DESCRIPTION: • - Id, Lots 1, 2 and 3, Block 2, CEDAR POINT COMMONS, according to the recorded plot thereof, Hennepin ._ \ , v C County, Minnesota. - l i1' 0. \°m' -110114 :) • G; i _ . I. �,\ i �, ;�;91: DEVELOPMENT INFORMATION ° __ I. n ! T itcliii l+, { , CURRENT ZONING: PC-2(Planned General Commercial) ° + W •t -- -- 4 114 .1 ;` < / BUILDABLE LOTS: 2 i dd eLNtRUAxx. by NUT Of TOTAL SITE AREA: 1.58 ACRES fill, �- -'�� - - • I r li .I PROPOSED STREET RIGHT OF WAY AREA 0.08 ACRES _, .^e -- "- "rC rvdvr v - I LOT I AREA: 1.05 ACRES Z) I { I I - LOT 2 AREA: 0.45 ACRES 'I r -• - .. 1l MINIMUM LOT 010774: 172.76 LOT 1 ' IP MINIMUM LOT W1D 1H PER ZONING ORDINANCE: 90 i I _ 35 xd - I i ` Ir`�\ -- MINIMUM LOT SIZE: 20,909 SF h rOr \ ' ,` F MINIMUM LOTS SIZE PER ZONING ORDINANCE: 9,000 SF H° � I ,I SITE LIES WITHIN FLOOD ZONE X ! 1`i? _---.- '.l `'v -. ,p'� ' SITE DOES NOT LIE WITHIN SHORELAND DISTRICT b. 1 p 17►N . _ 9ENIIE soon,\. ' , �,ya5 ©_ `, I o� d: '? \ ON9JER/SUBDIVIDER 7 ; R ._`. , RYAN COMPANIES US INC. v t ---l- �� ? e'°J ut „���FFF//,`��il 50 SOUTH TENTH STREET, SUITE 300 I) ..(, o__f• °- ,„---. 6.11,00 -_ MINNEAPOLIS, MN 55403 121 t 1` Msaps? 0ye.` `F1'1/' � e9en jI u s \ , ". 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D> o • i \--m..... , ...\)--"'"A"\ l 1_ \ J F NYC t_ \ / - ^ b - b = Z_ =ON p ..A D Q O r Z m OA pp A C m C O O N D K ti m p O N; A pp D mn n r8 m a'i m Of O A W a W W A O x O D N E V Z Z A 0 A A Z ttfvvv M N rn ijiH X- $cn = O T n O m G C y p9 -D D W A y C g -2 O m ' › g O 0 r'o. O o. > F 1 D z p o v 00000 z ,T. -8 ac z z o N 9 i won gym= rag A p D Z fi D O N O ti m y O 0 m Z -i A .Ov O..vp CZD DN m�O CA G 0 A rn Amy g P Z xV V 0 8 p Xn� O ~ O y go-MA O N $ g O SCALE _ v rn AS NOTED R��oltY T�wAli rm i>tm eY.'alem"m tlr Kmley-Hom n m n° McDonald's USA, LLC SITE AND PAVING DESIGNED BY AKK u ' AL f°ER^� and Associates,Inc. — W • c r -' NNi`m 17TH AVENUE S.AND 66TH STREET PLAN DRAWN BY AKK 2550 PAUL. RNNESDTA 551 sun 235N — • Al t,Fy (4 CHECKED BY eA7F: OS/ffy2al]NN 0. ae16 1E1_N0.(651)645-4197 V.ROAM RICHFIELD MINNESOTA TR FAX NO.(651)845-5118 No. REVISIONS DATE HY •- • • 4r i .I s 0 30 60 • — -4. — >70 FT LANE - - ••• SCALE FEET j ACCORDANCE WITH -_ '3 r. "' - SECTION 534.07, 1 y ` o ""i t= - SUBD.7 y I - ,. y ,, - ,T.-r,;._ -_-\77-7.-0 i _ _ t' .. m,. ... I ( � _ 1, i,�.. •t.): t•i 4* . 1 , ' : • -.• . ,! ;•, ;711.1. `, . .. .'; I 11r 1' 4 F 13 6 • tl 1 1 Rf v. r 11 " _ E_v 1 t� 0 F3 a • \\ _i _ — I ` — _ 1 1 PI t 1 S 0; - }- ` _ +•ri is �� �t '.��f. "y4` �- -J� �.. a.r . <�..' '1,F«r•e,- P.i ". "� � 7'�i?�. C.. _.i.`:xs - .y7+i -r'Ha ..7,kf�r,R. f , 11111 RICHFIELD PARKWAY nNLL E RICHFIELD PARKWAY fws;c s.•n) - _ - t �i� g§-% - - Vi.. 4°'4` ^ :Fii t. GARBAGE TRUCK ROUTE„ a PASSANGER VEHICLE STACKING 34.50' X5113 17 ffirmil 19.00 c fl __ __ _ `n o $ 3.00 11.00 • P feet t _ _�-. - _ ,- -L —� , 5.0 15.0' W c ° Width : 7.00 r 6 ay_ e':b FRONT LOADING GARBAGE TRUCK I— Track : 6.00 v � - 1 � Lock to Lock Time : 6.0 1 0 Steering Angle : 31.6 �'��� f 0 ; ; 1 I � � f U + y / DELIVERY TRUCK ROUTE 15.00 48.00 < .' '6:2 1T 1 ' rf r Q• o ' I 2 50 41.00 ul J a. u E t I 11.1 O IA-0.00 J re i ° - -` ---1 4.00 19.50 CO cn E. 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PLAIEMSER(PERUGET - -,- In 1 .MHEMBILESS SOILS In < • '. ..' n ni E ' T r> ' L, •ANGLE 176!MEWL FECTIM s 21 DEGREES r0 vi --5- / • PROJECT WIND LOAD CRITERIA BASED ON: irvarieti.rt " • •WATER TALE MALL BE:S/CAED BELOW THEW/701.10E1/E rE.UWOM ON 93 a j S' "E ASCE 7-10 WIND SPEEDS (3-SEC PEAK GUST MPH) -e-- ,7 c 41-4*-I .1-1 ., , 50 YEAR MEAN RECURRENCE INTERVAL r o ANCHOR BOLT--, .__,...__ b 4. " g -;, ...,i' ...-,. . •V VAX PM DEPTN 06 DIMMED SOL Oft TOP SOF. c ',-' t.t. .F .--ii, . 4 0 Z TNE 50 LS REPORT SWILL BE NEVEM°131 TM 561Ge.EER OF RECORD 10 CONWRAI THAT ° • . THE POUR SOIL PARAMETERS ARE 6E1 OR EXCEEDED BE.ORE 1.60.DF_SION.5 WED IF 0 LLJ O , ; ! THE NOMA SM.PARAMETERS AM NOT MT.INS DESM MALL 3T BE USED . O o N • 0 > C O g .'• 1 • 5 THE ENGIBEER Of RECORD NMI.FEVER"NE I/AXMIN BASE REACTORS MD DESMOT NI3 -_ . • NOTE: ALL ASB FIXTURES TO BE INSTALLED TILTED AT !t p 1 • l'i SPEED FOR TEE.MT POLE TO BE INSTALLED TO DETOWNE PIM FOUNDA1ONS WARM S 17- A 30 DEGREE ANGLE UNLESS OTHERWISE SPECIFIED. V xt x ii`PLATE WASHER-\\ 1 11 1:1 ' Pe MEM MT- .. - . CESBN LOADS NAVE NOT BEEN EXCEEDED TM RANDATIDN DEMI SHALL MT BE LISED IF 'T.- .. ..... 1- e▪ § 4---- .TH.,:,...HOLE TORE \ EMBEDDED IN FOUNDATICN \ a I 4,-......4 i it. . i ,• - TIC 61/001/619 DES ON LOAD9 OR RED PEED NAVE BEENE/MEMO 6 INS FOUND/4E0E0MM MALL NOT BE USED IN LOCATIONS TM CA ME C.OSER TEM(11 ...V7'.77:1T.7“. g Ulf I.161.111.MM.REMCSENTS ILLUNIMTIEN/LYDA MILANO not LADCP.A701rf MIA MON A RETANAG NALL TAKEN ma.1011•13.1.0 COMITIONS IN ACCOMM.F1 510 ILLMOMING MOIKONNO SWIFT \ . 1: : .j Si ' 1......7 2009 4532.0 DATE r.711ZPLATE NRS:flt • 7.INS NOT DE5BN BOLL NOT BE USED AT LOCATOIS METE THE GROOM SLOPE ■-.. A AMOK;PET.S. .111,IMIOMNOF Of ANY MNIFACIVICA,IMONAIKS INT way MC TO \ . oo. 90613/2011 .../ 6 vomsow:IS ItMlitiMI.YLLTA12.MOW.IN LAMS,AP ODE*YAM.ono warms . EXCEEDS.net.pctfag 6/10/2013 BOTTOM NUT FOR 1'0 --......_ \ nor ir,,MOLL VIE ; ...... az • 1 I k 4 mi.a.rip DREMEDNRENDATION ODIERAL NOTES PROJECT NO 9 ANCHOR 801T : 7:1) il ' g . . . I 617161717ETF.COATESSNE STRENGTH 1'0 MINI BE A 12/711.55 OF VW* 000.. RA( S Hi 6=E°T6 3N1L(1:11.T:E R o s. 0 2C 40 ....... --, so. AS MOMS E . JAM NUT •;..."." BOTTOM,FOR OE- \, , 2 AN:MDR DOLTS UK l BE ASTY 1'1%,GRAM 55.HOT D.GALVANNO KR.SIM 12329 1 ... 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I 11?I 11 11 11=11 II 11 11'll II 11 1.?11 II 11_.11,11 II II 1.1111 11 11 11._II_II_II_II-11_,il II II�II II it i FUTURE IRRIGATION a 11111111 1!111!111111.1111!1111111 11011!I,711 111II.II.IIII.1 6,-,11!,7.11llgl " - ®►ICY- . . . SYSTEM 1 ' -:-ate k LIMITS OF FU '� Fu s \ -"',11=111=11=11..11=11-11-11=I_ -�� - . r U e i N 4" PVC IRRIGATION CONDUIT 66 n1 it ', : a.11 ::-:■• •1 H'• SHRUBS WILL REACH 5-8' .• 1 Z m o 3-NWM _. HEIGHT AT MATURTTY _. r 1 m o 1 \ PLANT SCHEDULE P Cr' DECIDUOUS TREES � k @p QTY SYM COMMON NAME BOTANICAL NAME SIZE ROOT SPACING REMARKS W u " 3 NNW NORTHnOOD MAPLE ACER RUBRUM'NORTHWOOD' 2.5•CAL. B&B PER PLANS SINGLE STEM.SPECIMEN v 'y 0 20 _ 40 2 HLS HONEYLOCUST SUNBURST CLEDITSIA TRIACANTHOS VAR.WERMIS'SUNCOLE• 2.5-CAL. B&B PER PLANS SINGLE STEM.SPECIMEN {�i o • 1 PLANTING PLAN $GALE_ FEET EVERGREEN TREES V w L1.1 QTY SYM COMMON NAME BOTANICAL NAME SIZE ROOT SPACING REMARKS Cl) LL uy 3 BHS BLACK HILLS SPRUCE PICEA GLAUCA 8'HT- 8&B PER PLANS U re s 2 AP AUSTRIAN PINE PINUS NIGRA B'HT. B&B PER PLANS - z ORNAMENTAL TREES i x QTY SYM COMMON NAME BOTANICAL NAME SIZE ROOT SPACING REMARKS 'f 5 PRC PRAIRIE ROSE CRABAPPLE MALES'PRAIRIE ROSE' 2"CAL. 8&B PER PLANS SINGLE STEM,SPECIMEN H S w W N i 3 SAB SERNCEBERRY'AUTUMN BRILLIANCE' AMELANCHIER%GRANDIFLORA'AUTUMN BRILLIANCE' 2"CAL. B&B PER PLANS SINGLE STEM,SPECIMEN (n W w 4 6 ISL IVORY SILK LILAC SYRINGA RETICULATA'IVORY SILK' 2"CAL. 8&B PER PLANS SINGLE STEM.SPECIMEN (� � Z a " NOTES: SHRUBS _.I u) i °o € 1. SEE SHEET L1.2, AND L1.3 FOR PLANTING DETAILS & REQUIREMENTS. QTY SYM COMMON NAME BOTANICAL NAME SIZE ROOT SPACING REMARKS - Lai C 2• NSTALL SOD TO LIMITS OF CONSTRUCTION IN ALL DISTURBED AREAS UNLESS OTHERWISE NOTED. SOD SHALL BE MINERAL TYPE, PRIMARILY COMPOSED OF KENTUCKY BLUE GRASS. 12 EON EUCNYI.IJS DWARF HINGED EUONYMUS ALATUS'CO FUCTUS' ®5 POT CONT. �z"Dc - < up v 3. PLACE PREEN IN PLANTING BEDS PRIOR TO PLACING MULCH. 48 NFS NEON FLASH SPIREA SPIREA JAPONICA'NEON FLASH' A5 POT CONT. 36"DC - 4. NSTALL 4" OF PREMIUM DOUBLE SHREDDED HARDWOOD BARK MULCH IN ALL PLANTING BEDS. INSTALL 3' DIAMETER MULCH RING AROUND ALL TREES IN SOD AREAS. - Z B 5. NSTALL a"x4" BLACK STEEL EDGER, ADD STAKES 4' O.C. MIN. WHERE SOD ABUTS PLANTING BEDS. 61 FPR FOCI PAVEMENT ROSE ROSA RUGOSA'FOXI PAVEMENT" 95 POT CONT. 36"OC N Q gi i i 6. NSTALL 18" SELECT TOPSOIL BORROW IN ALL PLANTING BEDS PER THE DETAIL. 36 TAU TAUNTON YEW TAXUS X MEDIA:TAUNTON' I5 POT GOUT. 48"DC N o a 7. NCORPORATE COMPOST AND PHOSPHOROUS FREE FERTILIZER INTO ALL PLANTING BEDS AND TREE PLANTINGS PER THE DETAILS. 8 MKL MISS KIM LILAC SYRINGA PATULA'MISS KIM' #5 POT CONT 60'DC CO W 5-..?' • 8. RRIGATION TO BE DESIGNED AND INSTALLED BY OTHERS. IT IS THE LANDSCAPE CONTRACTOR'S RESPONSIBILITY TO ENSURE FULL COVERAGES AND START DATES. COORDINATE WORK WITH 25 DON DART'S GOLD NINEBARK PHYSOCARPUS OPULIFOIUS'DART'S GOLD' 45 POT CONT. 48°DC 0 LZ oi RRIGATION CONTRACTOR AND GENERAL CONTRACTOR. HAND WATER ALL PLANTS UNTIL IRRIGATION IS RUNNING ACCORDINGLY. 24 MJJ JUNIPER,MINT JULEP JUNIPERUS X CHINENSIS'MONLEP' N5 POT CONT 60"DC U w o g 9. PROVIDE SCHEDULE 40 4" PVC SLEEVING UNDER ALL PAVEMENTS FOR IRRIGATION BY OTHERS. DUCT TAPE ENDS AND MARK WITH REBAR FOR LOCATING IN THE FUTURE. PERENNIALS/ANNUALS w 10. MAINTAIN SOD BY WATERING AND MOWING FOR 60 DAYS FROM DAY OF INSTALL. 2 _ S E. 11. MAINTAIN, GUARANTEE, AND WATER ALL TREES, SHRUBS, AND PERENNIALS FOR ONE YEAR FROM PROJECT ACCEPTANCE. REMOVE WEEDS AND MAINTAIN MULCH IN ALL PLANTING AREAS, QTY SYM COMMON NAME BOTANICAL NAME SIZE ROOT SPACING REMARKS CJ § DURING THE ONE YEAR PERIOD. REPLACE ALL DEAD MATERIAL PER DIRECTION OF OWNER DURING THE ONE YEAR WARRANTY PERIOD. 5t sot STELLA DE ORO DAY ILY BOTANICALLIS'RUBY STELLA' 2 YEAR- kl coNT. 24'IN D: J' ° 12. MATERIAL. SET FORTH IN "AMERICAN STANDARD FOR NURSERY STOCK" REPRESENT GUIDELINE SPECIFICATIONS ONLY AND SHALL CONSTITUTE MINIMUM QUALITY REQUIREMENTS FOR PLANT 107 CAT WALKER'S LOW CATMINT NEPETA X FAASENI'WALKER'S LOW' 2 YEAR- 81 CONT. 24"CC _ DATE MATERIAL. CC 6/10/2013 • 13. PLACE 4" PVC CONDUITS UNDER PAVEMENTS FOR FUTURE IRRIGATION SYSTEMS. MARK ENDS WITH #3 REBAR PIECES, PAINTED TOP WITH BRIGHT RED PAINT, AND SET FLUSH TO FINISH GRADE. 62 LBS LITTLE BLUESTEM,BLUE HEAVEN SCHIZACHYRIUM SCOPARIUM'BLUE HEAVEN" 2 YEAR- 02 COST. 32 ^ • 5 5 BES BLACK EYED SUSAN RUDBECKIA,GOLDSTRUM 2 YEAR- #1 CONT_ IB OC PROJECT NO. 160631010 5; SHEET NUMBER 2 PLANTING SCHEDULE SHEET NU s -8 L1.1 O Y ------- -,..• .. ..._,...„ ......- .,..----„ , ,-.......- --- ,...,....‘ -t' t'' • •,....!,,:, .y.. , : —... •...,......... •-•:,-" .,•3- - •.... ••• ...•.,4 4.• ■ , ‹....,'..', f.•4.;",.,-,- • --'-7..--'...- ' '''' ,...i:.'''':■;". ---;''''. '';'.' -'4)10;1- — • - • 1 1 ..- . 0• .• - - ..,.. • • • 1,0 ;kip": - .... ,,.. I , ;..:, - . - ; „. ., . --.. .„..,. - i' .■-..,:•$ N,,,J. ...... ■., .t. ' ..'. I ' .... - .k 7.:. . -"ti4,1i44. - . . ••-•%?-0 ;', •,\',",',',... ,''' ,. ''':'. - -',— _ . I*, . u,.,--,a... . - ... 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', . % _,4.. , :,...,,. . ., ‘. , ...* * . • -•• • .1 •• - ' - --',.,.c - , . ..*, i * = . ‘) f` •.Y • '4. 4> '- .... ' , . ' 1' 1. . ° r• : --r. 1,- ,.4trl'''',1;111 , .0.,r - ,,', ' : '-'--.' r : . .-, . •r....b.,, ...-•-.i .. , 3() fP"i VI Kimley-Horn _......._. and Associates, Inc. Parking Memorandum ■ Suite 238N 2550 Uriversity Avenue West To: Melissa Poehlman 55. �i,ASnnesoa 551114 4 From: Trish D. Rothe, P.E. Date: May 23,2013 Subject: Proposed McDonald's Restaurant Cedar Point Commons 66th Street E & 17th Ave S Richfield, MN INTRODUCTION The proposed McDonald's restaurant is part of the Cedar Point Commons Planned Unit Development. The proposed 4,365 SF McDonald's restaurant is located in the northwest quadrant of 66th Street E. and 17th Avenue S. with one shared access from 17th Avenue S. This memorandum documents the parking supply calculations utilizing the new land use for the site, and requests a reduction from the parking requirements in order to adequately serve the proposed use without over-parking and unnecessarily increasing impervious area. PARKING SUPPLY CALCULATIONS Section 544.13 Subd 6. of the City of Richfield, Minnesota Code of Ordinances requires minimum parking supply of 17 stalls per 1,000 SF of gross floor area for Class Ill restaurants(fast-food/convenience). For a 4,365 SF fast food restaurant, 74 spaces would be required. Section 544.13 Subd 8.(b) of the Code allows for a 10% reduction for parking that is located within 1/4 mile of a frequently operating transit line provided that separate pedestrian ways are provided which connect the parcel. A frequently operating transit station is located directly southwest of the Site and serves the site with two separate pedestrian ways. With the abovementioned reduction, 67 spaces would be required for this use. MCDONALD'S USA, LLC PARKING DEMANDS McDonald's has improved their site and building designs to optimize operations, ease of access and customer experience. Building locations are evaluated to have the best lot flow correlation with ingress-egress points, drive-thru and parking requirements. Through a long history of site development, McDonald's TEL 651 645 4197 FAX 651 645 5116 31 Kimley-Horn btu.]MEW ._._ and Associates, Inc. has found the highest parking demand to be at peak shift. At this time the actual demand equates to one parking space per employee (15 parking spaces) and one space per every three seats allocated in the restaurant (87 seats requiring 29 spaces) for a total of 44 utilized parking spaces. The number of necessary parking spaces is lower for a McDonald's restaurant than that demanded by similar establishments due to the high percentage of drive-thru traffic. The proposed McDonald's development includes 51 parking spaces including 3 ADA and ADA van parking spaces. BIKE AND PEDESTRIAN ORIENTED TRAFFIC Due to the City's streetscape improvements, commitment to sidewalks and trails, proximity to public transit and overall pedestrian nature of the Development, McDonald's has increased the pedestrian connectivity and safety on the Site. Pedestrian connections to both 66th Street and 17th Avenue are provided, as well as a connection to Mt. Calvery located directly west of the proposed McDonald's parcel. Sidewalks will be constructed adjacent to the property along 17`h Avenue and 7 bike parking spaces will be included in accordance with section 544.17 of the City Code. PARKING SUPPLY REDUCTION REQUEST Based on the actual demand, commitment to pedestrian and bike access, and desire to minimize unnecessary impervious area,this memorandum serves as an official request to be granted a parking reduction in the supply requirement for the proposed McDonald's Restaurant. Planning Commission CITY OF Minutes RICHFIELD June 24, 2013 MEMBERS PRESENT: Chairperson Rick Jabs and Commissioners Susan Rosenberg, Dennis Schuller, Rublein, Gordon Vizecky, Dan Kitzberger and Josh Rai9 MEMBERS ABSENT: none ::: . STAFF PRESENT: Melissa Poehlm. : •yPlanner N , Matt Brillhart, Ifirrhg Technician 16,. John Stark, Crijk nity Development' 9; tor Chris Regis, Fina .Mana• •Sigeonor `4,!:1111:11:111: OTHERS PRESENT: Luis ° k. I Tejaban' : -sentative) Miguelfir'`a 4'ez (El Tell., owner) H John ° ood En °' Bring for El Tejaban) 3 st Denny C na • rzki. 1 Av ti `�`�' 4'� ther Ri ous- A` �ue) - hikows • w ° s '`` '„. .: "`'' Tim rter (Ri Bloomirir on Honda manager) Chr:„Ii G.rote (Mc i alds counsel) 115, ;.,Kiml= ''orn for McDonalds) Kam. 04°;-,.° ( n Companies representative) M rat oderbettra 4 45 16th Avenue) Chairper l°l ' •abs called eetINI, order at 7:00 p.m. APPROVAL (irk7rKrTa MNizecky S/Schuller,` :3 ® ove the minutes of the May 29, 2013 regular meeting. Motion carried: 7-0 OPEN FORUM No members of the public spoke. NEW BUSINESS - 3 ITEM #1 PC Letter#8 – Consideration of the 2015-2018 Capital Improvement Program and a finding of consistency with the Comprehensive Plan of the Capital Improvement Program and 2014 Capital Improvement Budget Finance Manager Chris Regis presented the 2014 Capital Improvement Budget and 2015-2018 Capital Improvement Program. In response to a question from Commissioner Root, Regis clarified the nature of the work on the ice arena. e .a: hat not all of the 2018 ffi In response to a question from Chair Jabs, Regis cl a.�� ..� projects have funding sources identified yet. >: `> :r: 411111111" Ilk In response to a question from Commission-' ro. .lein, Reg i tlined the various funding sources for projects identified in t Age 5-2018 CIP. •,.........arr -ari:v'.+.y.+' M/Root S/Rublein, to find that the 2014 CIB '°� 2015-2' 8 CIP ar-"R s onformance with the Comprehensive Plan. Mk. AIIIIIIIIIIII0 Iiiiiiiiii11:1;:: lisp 1 Motion carried: 7-0 . .a vo PUBLIC HEARING( 9 ' :: • ITEM #2 ar;. 13-CUP-04. •nside = •.� ;d dition ._. se Permit to allow a full service restaur hol �� ::;:.:..,>a.�;;f.''.. � �.�4��€6.. � + �=� � - �gp ,e..an`'����s: 6519 Nicollet Avenue. 9 Plann echnician 1 '.:rillh=� :rillhart) esented the staff report, detailing the requirem.: necessary A,ant - -, and recommended additional criteria outlined in the reso �. Chair Jabs open's .se publi aring. Luis Caire, Miguel Hernandez, and John Hagen, all representing the n•lica .pproached the podium for questions. Nobinisir In response to a questio 'ti,, om Chair Jabs, Caire stated that they were not planning enhancements to the exterior of the building other than signage. The interior would be repainted. In response to questions from Commissioner Rublein, Caire stated that the business was growing and they had outgrown their current space. Caire stated that they were not increasing seating capacity over the previous tenant. City Planner Melissa Poehlman (Poehlman) stated that the while the parking study had been performed after 2 Eastern Buffet had closed, the study showed a parking surplus after the addition of a full service restaurant, based on both industry standards and City requirements. In response to a question from Commissioner Rublein, Caire stated that the hours of operation would be 10am — 2am, 7 days a week. Denny Czupryna (6521 1st Avenue) presented several concerns related to the proximity of the building to residential properties on 1st Avenue, including noise, deliveries, trash, odors, smoke, parking, employee vehicle noise, snowplow noise, and general quality of life. He urged the Commissioners to consider their concerns. In response to questions from Commissioner Rosenberg pehlman stated that the restaurant could move in by right, if not for the additi•a . aiquor service, as a restaurant had previously occupied the space. She stated t 4111:114...or license application would also go before City Council and planning staff d:.` > °"ha . recourse over liquor license requirements. Poehlman stated that ;;lioulation re l• to obeying noise ordinances could be attached to the condi4arirs e permit. ' ', an stated that odor control was a newer requirement and no v the existing restau lilt in the shopping center had been subject to that requiremen :, , > ae Heather Rittenhouse (6509 1st L f stated cillair regarding the s. ` ty of children in the neighborhood and the prox .: <;qa;n alcoho , .,ing establishment. Luis Caire stated that the current loc `o h:11116,, sues.' : m .ed to noise complaints and El Tejaban's good re• g ould fo X• them ew ietion. In response to quip;;,. s from:.it Jabs, - -''' - - stated ° is would include karaoke and jukebox, no live . , zs. C- stated tli.1117..11deliveries to the restaurant would take place no bat- i-n 5pm l ed --ted to e City did not have specific restrictions on the h. ,> ° g3:>-ries. .. ma m - t - ewer odor control equipment was very -,441r), e, give '_ - exa' : - of Piz . . -. In respoMit,o questions - Co ; sioner Rublein, Brillhart stated that staff had not received elite. responde "tilrom r ;`- ents. Rittenhouse stated that she had not received noti y •n. Brillha° . arified that 6501 Nicollet Ave was the legal address of the property, wh 1„,- 19 wase suite number. Kim Shikowsky (652 f .. m "ue) stated that noise issues happen 24/7 and any study done by staff would not 'sr�It in a similar experience. M/Rublein S/Root, to close the public hearing. Motion carried: 7-0 Commissioner Rublein stated that a study of noise issues in general was warranted. In response to a question from Commissioner Root, Poehlman stated that an incident history was not looked at and planning staff may not have access to that information. 3 Commissioner Vizecky pointed out that commissioning of a study of noise issues falls under the purview of the City Council, given that noise ordinances are civil citations administered by Public Safety. Commissioner Rublein amended his previous statement that the Planning Commission strongly recommend to the City Council that a study be done. Commissioner Rosenberg stated she could not support the request without some additional condition. Caire stated that it was unfair to convey problems with ' q .us tenants on El Tejaban. Hernandez stated that he does not over serve liquor. •xicated customers. Community Development Director Stark Pointe• v . ° at munity Development was not responsible for the enforcement of noise ances. -n read ordinances related to snowplowing, vehicle noise, an• gatherings. • Chair Jabs concurred with other Commissio` a state is about ✓4. issues needing further study and stated that he was f•.,.. " - with the losing time. VIEr Commissioner Vizecky stated thag ® m:-+licant de .4"31511;:,;,..s a chance to fail, rather than the Planning Commission imposin. that th=a • . not deserve. He stated that another tenant could move in and st. •pen i am, "y a exception of liquor service, without cominiltraim..t of the ning ssio In response to a qtta..on from •mmissi•; r ublein, hlman stated that the Commission could p"°t .dition; tipulatio•` the CUP, including periodic review by staff. 4,IIIIMS11.0411111164„, 11:14" Com er Ro• ''�' tedMb m• at liqu• ° ses do require period review and re- appro litr. the City C• ,' :.il aritili4t is the b='st tool to address these issues. Poehlman =d that the of th-y •ncerns related to the shopping center as a whole. She s that as a l .'ulation the property owner could be required to meet with staff to disco ngoing:P es and violations. This could be done by withholding the certificate of oclit.,nc .01rtIV I this meeting has taken place. Atigigitir NO Chair Jabs clarified that's'? ould like the meeting to include the property manager, staff, and neighbors. Commissioner Rosenberg concurred that a neighborhood representative be included. In response to a question from Commissioner Schuller, Poehlman stated that CUP approval stays with the land, but individual businesses must apply for a liquor license, which requires City Council approval. 4 M/Rublein S/Root, to recommend approval of the conditional use permit, with an additional stipulation: That prior to issuance of a certificate of occupancy, the property owner or management company must meet with staff and a neighborhood representative to discuss ongoing nuisance issues. Motion carried: 7-0 ITEM #3 13-IUP-02 —Consideration of an Interim Use Permit to allow Richfield Bloomington Honda to use City-owned property at 779 0 Pillsbury Avenue for employee parking. g3:. Brillhart presented the staff report. p question - y, lid . In response to a uestion from Commission-40,� d ck Sta =� �rifled that the Interim Use Permit was necessary even though it .$; in City-owned attmerty. M/Root SNizecky, to close the public heari +V Motion carried: 7-0 41144,.. `a In response to a question from Co 1114„s111111 `°� ;,.'ublein, (hart stated that the applicant (Honda) was responsible for any fin: al orleOl.ns rel: N: to the clearing and repair of the property. d ✓,»off ;:::. MNizecky S/Root, ' -comm= approv=' .>> a interi r e permit for off-site employee parking at'•: ! Pills ; Ave nu Motion ' g .; >''d ' ,„081111111111e .1115:1/4>d °•:'ti„ Zj'•;;>{'``. .113'1.:•'• ITEM 13-APU — Conside = n o nditional Use Permit and major amendment to the Ce• - .int Comm _ Plan`t • Unit Development to allow a McDonald's restaurant to upy one •' . , of the vacant site at the northwest corner of 66th �9d� Street and Rich ' Parkw.n Poehlman presented Ialayreport, highlighting the requirements for a PUD. She explained in further deterr y staff was ultimately recommending denial of the proposal, including issues with the site layout, building orientation, building materials, and cohesiveness with the overall Cedar Point Commons development. Poehlman stated that if the commission recommended and the City Council approved the proposal, numerous issues regarding access and circulation must be addressed. Chair Jabs opened the public hearing. 5 - #3-7 Chris Grote (McDonald's counsel) addressed the design issues of the proposed building as related to Resolution No. 9772, which authorized the Cedar Point Commons Planned Unit Development in 2006. Grote stated that the proposed design and materials do complement the existing buildings. He stated that the existing buildings also have their backs to 66th Street. He stated that the Home Depot and Target in the development were allowed to use signature colors and elements in their building designs. Trish Rothe (Kimley-Horn on behalf of McDonald's) staigr e number of parking stalls was adequate by McDonald's standards. She state. .fI . ngled parking was explored for better traffic circulation through the site, but it ...4 . �ult in fewer stalls. She stated at. .t a "pork chop island" to channelize traffic att '" °°� °v tra``=; ..,-xit on could be explored, but it would have to be a surmountable curb 4:10.w for tru eq livery access. Mark Kampmeyer (Ryan Companies rep . .�e- tative) stated that's •roposed Three Rivers trail along Richfield Parkway was a s. • ' :se to th , but the nth• modified the site plan with its inclusion. Stark summarized staff's position * oposal a I ated that it was a cumulative reason for denial, rather than one le'° In response to a que : • Chair � ;, Poe' - 4. tatei ,jx:t staff had received all of the available a ' . •n < 7..rials in r :: i , lift mo`'`w . •les, before reaching their conclusion to reco•-i nd deny i s 1 In response :• •uestion` > g E .sione lit blein, Stark stated that the construction of Richfi.sg ' ��'•.•. e `, o th-.'4:1.4r.: s •- ° ;..; -vi. raffic issues in the area. ,.,e.,:,;y':: `�'' :3a � •.,,.rya.:°` Mark `"`ta -.rberg (644 h Ave q request-.clarification on how much of the vacant lot was i . •ed in the pr• al a ether access would be available through the northern h. _ ::the lot wouF -main'" giant. Tim Carter (Rich Bloomi" . •n Honda) stated that this was a market-driven response and statdillaksuar for the proposal. M/Root S/Rublein, to cler he public hearing. Motion carried: 7-0 Commissioner Vizecky stated that color alone wasn't enough reason for denial. He stated that there probably wasn't an alternate site design, including a drive-up window that could work on this site without other accommodations. Commissioner Rosenberg stated concerns with the reduction in parking stalls. 6 Commissioner Root stated concerns with the proposal including parking lot landscaping and lighting, suggesting that the proposal was a square peg in a round hole. At Commissioner Root's request, Grote again displayed the façades of the building, detailing the various construction materials. Rothe explained the difficulty in orienting the building in a different manner and described how a surmountable curb could be implemented to prevent cars from taking a left out of the site. In response to a Commissioner Rublein, Kampmeyer stat-d that he has marketed the site to numerous retailers and restaurants since the deAglip ent opened. He stated that the sit-down restaurant category was not expantair ampmeyer stated that the completion of Richfield Parkway would increase a' .a2,„arti,k,the site and perhaps increase the marketability of the site f'`°' ::: In response to Chair Jabs, Kampmeyer st- '', � at there were'l9'• . nt retail spaces available in the development and they ha 11 ned down automot :ses. Chair Jabs reiterated Commission Root's "s'i e peg, r' nd hole" i ,;, ent and stated that he felt it just didn't fit. � ,„. • M/Root S/Rublein to recommend ' '°-'`•e ;;. an amennitnt to the Planned Unit Development, Conditional Use Per e•. a l ° ' .1 Deve •• sent Plan that would allow a Class III fast food restaurant with dri p f. m . Motion carried: 674.1101)" ' 1` .ssenti ''ti" Ala" ' IT-EM-#5 ,:: : 13-CUP-04 — •nside ' Plan _ •royal to allow an adult daycare at 6722 Pe a'' p '' ' =�Bq✓Con „. •u• '•. rin • July 22nd. MAiiz-a , S/Root, to ' ue --falublic hea`ng to the July 22nd meeting of the Plannin06 mission. d OLD BUSIN .11:igib, to None. :.s lir LIAISON REPORTS Community Services Advisory Commission: No report City Council: Commissioner Schuller HRA: No report Richfield School Board: No report Transportation Commission: No report Chamber of Commerce: No report 7 "1 -- q Other: Commissioner Schuller gave an update on development around the MOA and Toro's expansion in Bloomington. Commissioner Rosenberg shared information about the Beautiful Garden Tour. In response to a question from Commissioner Rublein about the status of a previously approved CUP for a restaurant at 6439 Lyndale Ave, Poehlman stated that building permits had been issued and work was underway, but no tenant has been identified. Rublein stated that the Housing Visioning Task Force would be giving a presentation at the upcoming .City Council meeting. Stark stated that the presentation would be available online. CITY PLANNER'S REPORT Asiiiiiiiiir None. ' ::, Inv ADJOURNMENT : . III > •> le M/Vizeck S/Rublein rn the rr ing. ' •. ' �m Motion carried: ''' ' �XI The meetin• adjou'" . s. :'` `, :.9��' ous c �.�;.° -nt at 9:56 p.m. ''� ..4 :•111:1•.. Dan Kitz e - Secretary ° d' 8 1-1-ID 6540 Richfield Parkway - APUD 6/2013 Surrounding Zoning R 1 MR-3 MR-3 R R R MR-3 MR-3 R 65TH STREET \-.444Pc-2 R R MR-3 R R PC-2 MR-3 R R R R R j PC-2 PC-2 R R > PC 2 Q PC-2 I J R R - v- W PC-2 L.T. C-2 0 __--- _. C-2 R PC-2 PC-2 PC-2 C-2 C-2 C'2 C-2 1......1 K \ o^h -2 C- C-2 C-2 C-2 C-2 C- C-2 C-2 C- C-2 R R R R C-2 C-2 PC-2 R R R R C-2 C-2 C-2 -General Commercial 1 Feet PC-2- Planned General Commercial 0 50 100 200 300 400 500 R-Single Family Residential N MR-3-High Density Multi-Family Residential Path: I:\GIS\Community Development\Staff\Planning Tech\Projects\6540 Richfield Pkwy-McZ.mxd 1 - 1-11 6540 Richfield Parkway - APUD 6/2013 Surrounding Comprehensive Plan I-LDR------1 HDR HDR LDR LDR LDR LDR HDR HDR 65TH STREET RC LDR LDR RC • LDR LDR RC RC LDR LDR LDR >-. LDR LDR w RC Y Z Q RC LDR LDR RC > RC 0 LDR H W r- LDR ,- RC = PUB 0 E2 CHURCH LDR RC RC I LCICCO RC CHURCH / I /3 66TH STREET CC CC CC cco cCC CC 0 0 CC CC CC LDR LDR LDR -■LDR 0 CC 0 LDR LDR LDR LDR 0 CC RC- Regional Commerical Feet CC-Community Commercial 0 50 100 200 300 400 500 ^' CCO-Community Commercial/Office 'V O-Office LDR- Low Density Residential HDR-High Density Residential PUB - Public A Path: I:\GIS\Community Development\Staff\Planning Tech\Projects\6540 Richfield Pkwy-Mc CP.mxd AGENDA SECTION: PUB.HEARING AGENDA ITEM# 8 REPORT# 136 Madill STAFF REPORT RICHFIELD CITY COUNCIL MEETING JULY 9, 2013 REPORT PREPARED BY: MELISSA POEHLMAN, CITY PLANNER NAME,TITLE DEPARTMENT DIRECTOR REVIEW: CEI , f �r SIGNATURE OTHER DEPARTMENT REVIEW: El / SI 0 TURE REVIEWED BY CITY MANAGER: r -.....,. ITEM FOR COUNCIL CONSIDERATION: Conduct a public hearing to consider a revised plat for the area at the northwest corner of 66th Street and Richfield Parkway (continued from June 25, 2013). I. RECOMMENDED ACTION: Conduct and close a public hearing and by motion: Approve a resolution denying approval of a preliminary and final plat for Lots 1, 2 and 3, Block 2, Cedar Point Commons. II. EXECUTIVE SUMMARY In conjunction with their application requesting a major amendment to the approved Cedar Point Commons Planned Unit Development (PUD), Ryan Companies is requesting to replat the currently vacant land at the northwest corner of 66th Street and Richfield Parkway. If the Council votes to deny the requested amendment, the plat request should also be denied given that plat approval is dependent upon review of proposed building, site and utility plans. III. BASIS OF RECOMMENDATION A. BACKGROUND 070913 - PH Cedar Pt Commons Plat • This area was platted as four lots when Cedar Point Commons was initially approved. • Any larger user will almost certainly require the property to be replatted. B. POLICY • If the Council votes to deny the requested PUD amendment, the plat request should also be denied given that the ingress/egress and utility needs of a different user will likely differ. Plat requirements require consideration of proposed building footprints, setbacks, parking lot layouts and aisle configuration. • If the Council votes to approve the proposed PUD amendment, staff should be directed to prepare a resolution in support of the accompanying preliminary and final plat. C. CRITICAL TIMING ISSUES • 120-DAY RULE: The 120-day clock `started' when a complete application was received on June 12, 2013. A decision is required by October 10, 2013. D. FINANCIAL • The required application processing fee has been paid. E. LEGAL • A plat opinion has been prepared by the City Attorney's office. If approved, a condition should be included that requires compliance with this opinion. • There is a small, unbuildable outlot adjacent to the land in question. Ryan Companies is working to transfer ownership of this parcel to Mt. Calvary Church. If approved, a condition should be included that requires completion of this transfer and combination of the outlot with the adjoining Church parcel. F. ENVIRONMENTAL CONSIDERATIONS • N/A IV. ALTERNATIVE RECOMMENDATION(S) • Direct staff to prepare a resolution approving the proposed preliminary and final plat in conjunction with the approval of the requested PUD amendment for the same land. V. ATTACHMENTS • Resolution • Preliminary & final plats VI. PRINCIPAL PARTIES EXPECTED AT MEETING • Mark Kampmeyer— Ryan Companies �- 1 RESOLUTION NO. RESOLUTION DENYING FINAL APPROVAL OF A PLAT FOR LOTS 1, 2 AND 3, BLOCK 2, CEDAR POINT COMMONS WHEREAS, Ryan Companies ("Applicant"), has requested final approval to combine and re-subdivide the properties located at the northwest corner of 66th Street and Richfield Parkway and legally described as Lots 1, 2 and 3, Block 2, Cedar Point Commons; and WHEREAS, the proposed subdivision is to be known as CEDAR POINT COMMONS SECOND ADDITION. WHEREAS, the proposed combination and subdivision would allow for the redevelopment of the site as contemplated by companion applications for a major amendment to the Cedar Point Commons Planned Unit Development and Conditional Use Permit; and WHEREAS, the Cedar Point Commons Planned Unit Development, Final Development Plan and Conditional Use Permit were originally approved pursuant to Resolution No. 9772 on June 27, 2006; and WHEREAS, the companion applications for a major amendment to the Cedar Point Commons Planned Unit Development and Conditional Use Permit were denied based on findings that they did not meet City requirements; and WHEREAS, a public hearing was held on the proposed preliminary and final plat of the CEDAR POINT COMMONS SECOND ADDITION on Tuesday, July 9, 2013 at which all interested persons were given the opportunity to be heard; and WHEREAS, Richfield City Code Subsection 500.07 provides that as a condition precedent to the approval of the plat of lands located within the City, the Council may prescribe requirements on any matters reasonably related to the manner in which the area being subdivided or platted shall be developed; and WHEREAS, Richfield City Code Subsection 500.23, Subd. 2 requires preliminary plat applications to include the proposed location and width of streets, lots, buildings, and set back lines and easements; and WHEREAS, Richfield plat application materials, prepared per Subsection 500.31 of the City Code, also require preliminary plats to include proposed building footprints, setbacks, parking lot layouts and aisle configuration; and WHEREAS, although the Applicant has submitted such documentation as part of the companion land use applications, those applications have been denied thereby making the proposed building footprints, setbacks, parking lot layout, aisle configuration and easements invalid and inapplicable to the proposed plat. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield, that after a public hearing that was held on July 9, 2013, the preliminary and final plat for CEDAR POINT COMMONS SECOND ADDITION is denied for the following reasons: 1. The application for the proposed preliminary and final plat of CEDAR POINT COMMONS SECOND ADDITION is tailored to the specific development proposal of the applicant and the companion land use applications relating that development proposal have been denied by the City Council. 2. The City Council finds that approval of the necessary, companion land use application is reasonably related to the manner in which the area proposed to be platted is to be developed. 3. City Code requires that a preliminary and final plat include proposed building footprints, setbacks, parking lot layout, aisle configuration and easements. 4. Because the Richfield City Council has denied the companion land use applications, any proposed building footprints, setbacks, parking lot layout, aisle configuration and easements in the development plans are invalid and inapplicable as they relate to the proposed plat. 5. Approval of a plat that relates to a development proposal that has been denied would be inconsistent with the rules and intent of Section 500 of the Richfield City Code. Adopted by the City Council of the City of Richfield, Minnesota this 9th day of July 2013. Debbie Goettel, Mayor ATTEST: Nancy Gibbs, City Clerk -3 o2013 Westwood Professional Services, Inc. Call 48 Hours before digging: \ 811 or caII811.com . I V ); \ \ 1 Common Ground Alliance 1 „r-r/ -, �, \ LEGEND i C_L/1-11 h IIS89°57'33'W;131.83 �II 4� ; a SIGN-TRAFFIC/OTHER a UNKNOWN MANHOLE II• 589°5733'W 0 123 i 9j j 1 t CABLE TV BOX oa GATE VALVE 40.93 _� -'--�02'27 E 12.50 , N 1{t ,1 \ HYDRANT ■ 1 -a S i /1 STREET LlIE °h — 8 �___ -. 11 \ ELECTRIC MANHOLE —LN— CABLE tV 'i-i 35- �O SANITARY MANHOLE • \ --ao'c— POWER UNDERGROUND PRpppSEp I71N 0r. CATCH BASIN —s'N' SANI TARY SEWER 20---- AVElIUf SWTN y \ P 3 ..v .. ^u.,�,..91 I \ ---s o— STORM SEWER 831: -.. M.N/5=es :i i GAS VALVE LOT n �H 0 STORM MANHOLE wnr-- WATERMAN 8` I / - 805. 1 of —' 0t TELEPHONE BOX FENCE LINE '4"V ^m a1,PJ I E=8.1, I I I, ;, , CONCRETE SURFACE .• „.,,' BITUMINOUS SURFACE J '1 t � _2D___ LJ/trn l-r 1 ..„., i' III! a.-84.1.6, �, ry Q; 0 �e j SURVEYORS NOTES: ti 7sa 1 I I v `<, 1) The Bearings shown ore based on the plot of CEDAR POINT COMMONS r } S89°5733`W 173.26 , x(' U `TZ. i 1 ;`� () 2) Elevations are based on NAVD '88 datum. Benchmark: Top Nut Hydrant, NW Quad of Richfield '�” "' I I i h V `� Parkway and 66th Skeet = 848.38 u4 ( ' 1 `- :PO --4-- �`� 1- ht, �. I 3) Field work for existing conditions was completed on 12-16-2011 • ,: n I ,Q CO EGAL DESCR/P77ON: \ 011 ` CJ) Lots 1, 2 and 3, Block 2, CEDAR POINT COMMONS, according to the recorded plot thereof, Hennepin ✓ I U \ 'I C( County, Minnesota. C l?' I sw,m,v�,n,, 1) It a - - - --- s ., r w,w re o.-, a L,, I f I 1 Ow w= 9�. DEVELOPMENT 1NFORMA77ON (i by E�B;$9 dB �l ` _ -- I n I,' s4 CURRENT ZONING: PC-2(Planned General Commercial) a, I aae I , �. BUILDABLE LOTS: 2 roRAII,BU.1e I TOTAL SITE AREA: 1.58 ACRES `j �y —\ \-'r v I eI PROPOSED STREET RIGHT OF WAY AREA: 0.08 ACRES v i. Aviv i n.; ' I ' ,j __. LOT 1 AREA: 1.05 ACRES I --I- t;"' LOT 2 AREA: 0.45 ACRES t t 1, 'I �, eq�,--1 MINIMUM LOT WIDTH: 172.76 --- _ __- LO I �,i MINIMUM LOT WIDTH PER ZONING ORDINANCE: 90 2r L ��"35 `1 I I MINIMUM LOT SIZE: 20,909 SF \ i `i. MINIMUM LOTS SIZE PER ZONING ORDINANCE: 9,000 SF 1 1 I SITE LIES IiTHIN FLOOD ZONE X h� 4 e II I Q� / '.'i:-, p _ I SITE DOES NOT LIE WT THIN SHORELAND DISTRICT d ----L. u� _..._.--_ � �' MENU£SOUtN 'I n 4$a4 AA 711 P 860 17111 .,' ,,_4..,43.74, ��� g \ OWNER/SUBDMDER Z Z ,' \ C`,-.4. / 3) // / RYAN COMPANIES US, INC.•IA �- i Rog \.-- 16"1,5"t'' ' ,�/, 4 \ 50 SOUTH TENTH STREET, SUITE 300 ro II g9-- _ �� �SOp�" -_�-� �� ��nY/!� t MINNEAPOLIS, MN 55403 a Li- �-V CB ly • Nt< /' U' 'l m'"etizs p •\ OS M �k I 4d 1Je 17 1211- ?sj. 0 i ce`'s\ sM e38O \ f / / �,R=288.00 I L=11.32 _ d�2°16'03' N8ga6 .57-E 110,57 a \ t w • u 66TH STREET EAST t B 12,1=1,,.92 r for SAI/F.638.61 838 1 C � I ® s*o B : 11111.1 / 1111.1111111 L 0' 30' 60' 90' 2011512iPPi of d.;q Date 3/14/13 Sheet I OF 1 �,,�r Cedar Point Commons W W.twoad M57anianN SaMoN,Inc I Ynq a-elr Ne eat.t I wait papas by a- wade eT ._ Prepared 37011211,greet dIM upnidm.ad use 1...duly limped LAND 61/aVBYaa II.rYtoee bar: , for St Cloud,NN 6530.1 cede the,gee M Du 55W a�. . B/f t/is updalM 9raPased•ne on r/. ,��, - , Ryan Companies US, Inc. Second Addition Preliminary PHONE 3202534996 Plat FAX OOLLL Nam 98--27aw95 Nathan R.Carbon 50 South 10th Street,Suite 300 Westwood www.wesixeotlpad9m Dee 3/14113 ur,d5 Ne. 45873 -_— Pta d 737awtee er/sue — Minneapolis,MN 55403 Richfield,MN ',ui'se)Alas ieuoissa;o1) I I r71 1 II 77/71-/ '/'7'7'Z 2 nn pooav, .saM 6fnda0 6 Ja JoAa 6 uno uldauua r v vli l v v v Jr rJ_3 n I 21 n^ n_/n-7 8 P b ) 3 H 'Aa!w�o3Dy)UIfJD(y I I I vvr�lv../v 1J1r_l v, r_, v v_7.J — _ '`e— yoo47 O 10 —oz. 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