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092413completeagenda CITY OF RICHFIELD, MINNESOTA TUESDAY, SEPTEMBER 24, 2013 ******************************************************************************************************* SPECIAL CITY COUNCIL MEETING BABCOCK ROOM 5:45 P.M. AGENDA Call to order � Roll call 1. Interview of persons interested in serving on the City advisory commissions (Council Memo No. 84) Adjournment ******************************************************************************************************* SPECIAL CITY COUNCIL WORKSESSION BARTHOLOMEW ROOM 6:00 P.M. AGENDA Call to order Roll call 1. Discussion regarding I-494/I-35W Interchange (Council Memo No. 85) Adjournment ******************************************************************************************************* REGULAR CITY COUNCIL MEETING COUNCIL CHAMBERS 7:00 P.M. AGENDA INTRODUCTORY PROCEEDINGS Call to order Roll call Open forum (15 minutes maximum) Each speaker is to keep their comment period to three minutes to allow sufficient time for others. Comments are to be an opportunity to address the Council on items not on the agenda. Individuals who wish to address the Council must have registered prior to the meeting. Notes: Pledge of Allegiance Approval of the minutes of the (1) Special City Council Worksession of September 10, 2013; (2) Special Concurrent City Council and HRA Worksession of September 10, 2013; and (3) Regular City Council Meeting of September 10, 2013 PRESENTATION 1. Presentation by Hennepin County Attorney Mike Freeman COUNCIL DISCUSSION '' 2. Council discussion • Hats Off to Hometown Hits Notes: AGENDA APPROVAL 3. Council approval of the agenda CONSENT CALENDAR 4. Consent Calendar contains several separate items, which are acted upon by the City Council in one motion. Once the Consent Calendar has been approved, the individual items and recommended actions have also been approved. No further Council action 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 the approval of canceling the public hearing regarding a resolution authorizing the City of Richfield to seek a $200,000 Minnesota Investment Fund loan from the MN Department of Employment and Economic Development to assist Solera Corporation in locating in Richfield S.R .No. 186 B. Consideration of the approval of the transfer of funds to close the 76th Street East Reconstruction Capital Project Fund S.R. No. 187 C. Consideration of fhe approval of a grant agreement between the State of Minnesota, acting through the Department of Employment and Economic Development and the City of Richfield for a Minnesota Investment Fund loan in the sum of$550,000 and a resolution authorizing the loan agreement between the City of Richfield and Endeavor Air, Inc. S.R. No. 188 D. Consideration of the approval of the request by the American Legion, 6501 Portland Avenue, for a temporary on-sale 3.2 percent malt liquor license for the Magicians Hockey Tent Party event scheduled on September 28, 2013 S.R. No. 189 E. Consideration of the approval of the request by the Church of St. Peter, 6730 Nicollet Avenue, for a temporary on-sale intoxicating liquor license for their annual Fall Festival on October 4, 5 and 6, 2013 S.R. No. 190 F. Consideration of the approval of the request by the Church of St. Richard, 7540 Penn Avenue, for a temporary on-sale intoxicating liquor license for their Novemberfest event on November 9 and 10, 2013 S.R. No. 191 G. Consideration of the approval of the request by the Richfield Foundation for a temporary on-sale intoxicating liquor license for their Wine and Cheese Tasting event on October 10, 2013 S.R. No. 192 H. Consideration of the approval of a resolution authorizing the Department of Public Safety/Police to become a member of the Minnesota Internet Crimes Against Children Task Force (ICAC) and to receive federal funding from the Office of Justice Programs to assist in the prevention, interdiction, investigation and prosecution of j internet crimes against children and technology facilitated child exploitation S.R. No. ' 193 1. Consideration of the approval of accepting and entering into a contract with Business Impact Group for program design and fulfillment for Fire Department uniform items S.R. No. 194 J. Consideration of the approval of the request by the Champp's Operating Corporation d/b/a Champps Americana for a retail on-sale 3.2 percent malt liquor license to serve at Magicians hockey games in 2013 at the Richfield Ice Arena S.R. No. 195 Notes 5. Consideration of item(s), if any, removed from Consent Calendar Notes: PROPOSED ORDINANCES 6. Consideration of the second reading of an ordinance relating to the interest rate for internal loans from the City's Permanent Improvement Revolving Fund, amending Subsection 315.07 of the Richfield City Code Staff Report No. 196 Notes: 7. Consideration of the second reading of an ordinance relating to tobacco and the regulation of electronic cigarettes and establishing penalties for noncompliance and a resolution authorizing summary publication of the ordinance Staff Report No. 197 Notes: 8. Consideration of the second reading of an ordinance relating to hoarding as a nuisance affecting public health Staff Report No. 198 Notes: 9. Consideration of the second reading of an ordinance relating to lawn maintenance and prairie vegetation and declaring noxious weeds and inadequately maintained vegetation a public nuisance and a resolution authorizing summary publication of the ordinance Staff Report No. 199 Notes: RESOLUTIONS 10.Consideration of a resolution authorizing the City of Richfield to enter into a contract . with the City of Edina to provide dispatching service for the Richfield Police and Fire Departments Staff Report No. 200 Notes . 11.Consideration of a resolution denying an amendment to the planned unit development, final development plan and conditional use permit for Cedar Point Commons that would allow construction of a McDonald's restaurant at the northwest corner of 66th Street and Richfield Parkway Staff Report No. 201 Notes: PUBLIC HEARING 12.Public hearing regarding a resolution denying approval of a preliminary and final plat for Lots 1, 2 and 3, Block 2, Cedar Point Commons (northwest corner of 66th Street and Richfield Parkway) Staff Report No. 202 N otes: � OTHER BUSINESS 13.Consideration of the appointments to fill vacancies on the City's advisory commi�ssions Staff Report No. 203 Notes: CITY MANAGER'S REPORT 14.City Manager's Report Notes: 15.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 se�fficient 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: 16.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 September 19, 2013 Council Memorandum No. 84 The Honorable Mayor and Members of the City Council City of Richfield Subject: Advisory Commission Interviews . (Agenda Item No. 1) Council Members: In January 2013, the City Council made several appointments to the various City advisory commissions. However, some vacancies remain. Applications continue to be accepted. Three applications were received and interviews have been scheduled (see attached). The City Council is scheduled to interview the applicants on Tuesday, September 24, 2D13 at 5:45 p.m. in the Babcock Room. Approval of the commission appointments is scheduled for the September 24, 2013 Regular City Council meeting. Ple s contact me if you have any questions. R ctFul s i , 0 / en . evi City Manager SLD:cak Attachments E-mail: Department Directors w/o attachments Assistant City Manager w/o attachments COMMISSION APPLICANT INTERVIEW SCHEDULE Tuesdav, Seutembefr 24 Interviews in Babcock Room 5:45 p.m. Mirza Baig 5:50 Alexander Dahl 5:55 Emilia Gonzalez Avalos 6:00 Special Council Worksession in Bartholomew Room 7:00 Regular Council Meeting in Council Chambers *******,�******,�,�*******��*****��*****�**�**********,�*****,�****,�*****��**********�******************* COMMISSION MEETING DAY/TIME • Advisory Board of Health - meets third Monday, January through June, September and October at 6 p.m. • Arts Commission— meets first Thursday of each month at 7 p.m. • Civil Service Commission — as needed throughout the year. • Community Services Commission - meets third Tuesday of each month at 7 p.m. • Friendship City Commission - meets third Thursday of each month at 7 p.m. • Human Rights Commission - meets first Tuesday of each month at 6:30 p.m. • Planning Commission - meets fourth Monday of each month at 7 p.m.; also, Study Sessions held approximately six times per year. • Transportation Commission— meets first Wednesday of each month at 7 p.m. I �II 09/16/13 � � � � 0 Q d' � tn � COC4 d' � � �.c� � � � r � � � � � � c- � � d' � d' � � O O O O O O O O O O O '� N N N N N N N N N N N O O O O O � N _ _ „ „ „ N N N N N � ��c- �� - � � - ° _ _ ° `' M M M M M M M M M M M x �' �' �' �' �' �' �' �' �' �' �' �.-� � +� +� �.-� w (a f0 (B f6 (� (6 (Q f� tQ f0 f6 N N N � � � � 7 � � � � � � � � � � � � C C C C C C C C C C C � � � � � � � � � � � � � � � � � Q QQ QQ H N , W N V W Z V V , Z Q U � a z > � z N O N � � � � � _ O � U � O � z � J O v� c�n W v� N � � � � � z v � O � I O � V � � � � U Q � U � a m � a � O t= � � tn vi V Z N Q Z '� N W � � W U Qu�.. Q 2 t�i > CITY OF RICHFIELD, MINNESOTA Office of City Manager September 19, 2013 Council Memorandum No. 85 The Honorable Mayor and Members of the City Councii Subject: I-494/I-35W Interchange (Worksession Agenda Item No. 1) Council Members: At the upcoming City Council worksession, MnDOT will present on the progress of the I- 494/I-35W Interchange Layout Development Project. The purpose of the development project is to develop a recommended concept for the I-494/I-35W interchange in order to address safety, congestion, and drainage improvements. This project will also identify options for a new transitway station and park-and-ride facility at American ' Boulevard to serve the planned METRO Orange Line Bus Rapid Transit (BRT). The goal for this worksession is to present preliminary design concepts for the interchange and transitway for review and comment ahead of the scheduled October 3, 2013 project open house. A notification of that open house was sent to residents and businesses in the area around the interchange and a copy of that mailing is attached. Please contact Mike Eastling, Public Works Director, at 612-861-9792 with questions. Re submitted, � . �� % tev . ity Manager SLD:cak Attachment Email: Department Directors Assistant City Manager i µe�ESOr �F�� / � ,i / � � 2� �OG TRpt� ��U.A�IL�,U'IU,LZ�CLL ��'g�i.�' X�� I-494/I-35W Interchange Thursday, Oct. 3 Layout Development Open House 4:30 to 6:30 p.m. The purpose of this project is to develop a recommended concept St. Richard's Catholic for the I-494/I-35W interchange that addresses roadway safeiy, Church congestion and drainage issues. —Communily Room Join your neighbors and the business communiiy to leam obout 7540 Penn Avenue South the project and the transiiway options being considered. Staff Richfield, MN 55423 from the Minnesota Department of Transportation,Metro Trarisit and cities of Bloomington and Richfield will be available to answer questions.Attendees will also have an opporfuniiy to provide feedback on the options for a new transitway station and park- Contact and-ride facilify for the METRO Orange Line Bus Rapid Transit project. Bobbie Dahlke Detailed inforrnation about the proiect can be found at MnDOT Public Affairs mndot.gov/metro/projects/i494and35winterchange/ (651) 234-7503 Bobbie.Dahlke@state.mn.us �T�,/�t`t1"�3�Ci'af1Si"L CITY COUNCIL MINUTES Richfield, Minnesota � ' � ` � Special City Council Worksession September 10, 2013 CALL TO ORDER The meeting was called to order by Mayor Goettel at 5:30 p.m. in the Bartholomew , Conference Room. ROLL CALL Council Members Debbie Goettel, Mayor; Pat Elliott; Sue Sandahl; and Tom Fitzhenry. Present: Council Members Edwina Garcia. Absent: Staff Presenf:: Steven L. Devich, City Manager; Mike Eastling, Public Works Director; John Stark, Community Development Director; Kristin Asher, Assistant Public Works Director; and Nancy Gibbs, City Clerk. Item # I DISCUSSION REGARDING THE PAVEMENT MANAGEMENT PROGRAM (COUNCIL MEMO NO. 82) Assistant Public Works Director Asher presented information regarding the Pavement Management Program. The City Council directed staff to move forward and bring choices back to the City Council regarding franchise fees. ADJOURNMENT The meeting was adjourned by unanimous consent at 5:55 p.m. Date Approved: September 24, 2013 Debbie Goettel Mayor Nancy Gibbs Steven L. Devich City Clerk City Manager CITY COUNCIL MINUTES Richfield, Minnesota 1r' ' � � . � Special Concurrent City Council and HRA Worksession September 10, 2013 CALL TO ORDER The meeting was called to order by Mayor Goettel and HRA Chair Sandahl at 6:00 p.m. in the Bartholomew Conference Room. ROLL CALL Council Members Debbie Goettel, Mayor; Pat Elliott; Tom Fitzhenry; and Sue Sandahl. Present: Council Members Edwina Garcia. Absent: HRA Members Sue Sandahl, Chair; Doris Rubenstein; Debbie Goettel; and David Gepner Present: HRA Members Steven J. Quam. Staff Present: Steven L. Devich, City Manager/Executive Director; Mike Eastling, Public Works Director; John Stark, Community Development Director; Jim Topitzhofer, Recreation Services Director; and Nancy Gibbs, City Clerk. Item #1 DISCUSSION REGARDING THE DEVELOPMENT POTENTIAL OF THE 77T" STREET TUNNEL AREA(COUNCIL MEMO NO. 81 AND HRA MEMO NO. 45) Community Development Director Stark presented information regarding the development of the 77`h Street tunnel area. The City Council consensus was to not limit development and preferred mixed-use. The future of the park was discussed. The City Council consensus was that there aren't any other parks in the area for residents to use so possibly reducing the size of the park or replacing it at another location. Council Member/Chair Sandahl stated she would like to see 77'h Street renamed. Mayor Goettel and Commissioner Rubenstein agreed with Council Member/Chair Sandahl. Special Worksession Minutes -2- September 10, 2013 Item #2 DISCUSSION REGARDING SOLICITING PROPOSALS FOR THE CEDAR POINT II AREA (COUNCIL MEMO NO. 83 AND HRA MEMO NO. 46) Community Development Director Stark asked for direction on what the City Council and HRA have in mind for the future of the Cedar Point II area. The City Council consensus was for upscale or market rate housing. Council Member/Chair Sandahl and Commissioner Rubenstein stated that they are not opposed to senior housing but do not want all senior housing. Council Member Fitzhenry stated he would like to see two and three bedroom apartments with a mix of upscale and affordable housing. ADJOURNMENT The meeting was adjourned by unanimous consent at 6:57 p.m. Date Approved: September 24. 2013. Debbie Goettel Mayor Nancy Gibbs Steven L. Devich City Clerk City Manager CITY COUNCIL MEETING MINUTES Richfield, Minnesota � � ! � Re ular Meetin + J 9 September 10, 2013 CALL TO ORDER The meeting was called to order by Mayor Goettel at 7:04 p.m. ROLL CALL Members Present: Debbie Goettel, Mayor; Pat Elliott; Sue Sandahl; and Tom Fitzhenry. MemberAbsent: Edwina Garcia Staff Present: Steven L. Devich, City Manager; Mike Eastling, Public Works Director; Todd Sandell, Public Safety Director; Jim Topitzhofer, Recreation Services Director; John Stark, Community Development Director; Chris Regis, Finance Manager; Julie Urban, Housing Specialist; Mary Tietjen, City Attorney; and Cheryl Krumholz, Executive Coordinator. M/Fitzhenry, S/Elliott to excuse Council Member Garcia from the September 10, 2013 S�ecial City Council Worksession, Special Concurrent Citv Council and HRA Worksession and Reqular Council Meetinq. Motion carried 4-0. OPEN FORUM Mary Barnes, 7544 Bryant Avenue, expressed concerns regarding City code enforcement notices she has received on property maintenance issues. Alex Carlson, 1600-23�d Street NW 408, Bemidji, MN, Board of Directors of the Minnesota Vapors Advocacy volunteer, expressed support for the regulation of tobacco sales, including electronic cigarettes and requested the City Council welcome the e-cigarette establishment in Richfield. (Consent Calendar Item No. 5K). Nathan Affield, 8563 Lyndale Avenue, Bloomington, MN, Minnesota Vapors Advocacy volunteer, expressed support for the growing industry of e-vaporizers. (Consent Calendar Item No. 5K). PLEDGE OF ALLEGIANCE Mayor Goettel led the audience in the Pledge of Allegiance. Council Meeting Minutes -2- September 10,2013 APPROUAL OF MINUTES M/Fitzhenry, S/Sandahl to approve the minutes of the (1) Special Citv Council Meetinq of Auqust 13, 2013; (2) Reqular Citv Council Meetinq of Auqust 13, 2013; (3) Special Concurrent City Council and HRA Worksession of Auqust 19, 2013; and (3) Special City Council Meetinq of Auqust 28, 2013. Motion carried 4-0. Item #1 PRESENTATION BY JIM RUDOLPH REGARDING THE RICHFIELD BACK TO SCHOOL 5K AND FUN RUN Mr. Rudolph, Richfield Elementary PTO representative, announced the upcoming run as part of the September 15, 2013 Open Streets at Penn Fest. Item #2 PRESENTATION OF THE 2013 LANDSCAPE GOOD NEIGHBOR AWARD WINNERS (COUNCIL MEMO NO. 80) Mayor Goettel and Julie Urban, Housing Specialist, presented the awards. Item #3 COUNCIL DISCUSSION • CITY COUNCIL ATTENDANCE AT THE NATIONAL LEAGUE OF CITIES CONGRESS OF CITIES IN SEATTLE, WA, NOVEMBER 13-16, 2013 • HATS OFF TO HOMETOWN HITS The City Council consensus was to support Mayor Goettel and Council Member Sandahl attending the NLC Conference, depending on their availability. Mayor Goettel announced the Richfield Foundation Autumn Wine & Cheese Gathering on October 10, 2013 at Woodlake Centre, 6625 Lyndale Avenue. David Gepner was invited to announce the September 15, 2013 Open Street at Penn Fest event. Council Member Fitzhenry reported on the August 27 meeting held by Congressman Keith Ellison on airport noise. Item #4 COUNCIL APPROVAL OF AGENDA Mayor Goettel moved Consent Calendar Item 5K to Item No. 6 for separate consideration. M/Elliott, S/Fitzhenry to approve the aqenda as amended. Motion carried 4-0. Item #5 CONSENT CALENDAR A. Consideration of the approval of continuing the public hearing to September 24, 2013 regarding a resolution authorizing the City of Richfield to seek a $200,000 Minnesota I Council Meeting Minutes -3- September 10,2013 Investment Fund loan from the MN Department of Employment and Economic Development '� to assist Solera Corporation in locating in Richfield S.R .No. 165 � B. Consideration of the approval of the appointment of the firm of Kern, DeWinter, Viere (KDV) as the City's auditor for the financial reporting fiscal years 2013-2015 and authorize the City Manager and Mayor to execute an agreement for such services S.R. No. 166 C. Consideration of the approval of the agreement to extend an easement as part of a site lease agreement at 7401 Logan Avenue between the City of Richfield and Sprint Spectrum L.P. S.R. No. 167 D. Consideration of the approval of a resolution declaring costs to be assessed and ordering the preparation of the proposed assessment roll for weed elimination from private property and removal or elimination of public health or safety hazards from private property and setting the public hearing for October 8, 2013 S.R. No. 168 RESOLUTION NO. 10826 RESOLUTION DECLARING COSTS TO BE ASSESSED AND ORDERING PREPARATION OF PROPOSED ASSESSMENT FOR WEED ELIMINATION FROM PROVATE PROPERTY AND REMOVAL OR ELIMINATION OF PUBLIC HEALTH OR SAFETY HAZARDS FROM PROVATE PROPERTY This resolution appears as Resolution No. 10826. E. Consideration of the approval of a resolution declaring costs to be assessed and ordering preparation of the proposed assessment roll for unpaid false alarm user fees against private property and setting the public hearing for October 8, 2013 S.R. No. 169 RESOLUTION NO. 10827 RESOLUTION DECLARING COSTS TO BE ASSESSED AND ORDERING PREPARATION OF PROPOSED ASSESSMENT FOR UNPAID FALSE ALARM FEES FROM PROVATE PROPERTY This resolution appears as Resolution No. 10827. F. Consideration of the approval of the first reading of an ordinance relating to the interest rate for internal loans from the City's Permanent Improvement Revolving Fund; amending Subsection 315.07 of the Richfield City Code S.R. No. 170 G. Consideration of the approval of hiring Kimley-Horn and Associates, Inc. to provide preliminary engineering services for the Portland Avenue, between 67t" and 77'" Streets, reconstruction project at a cost not to exceed $315,000 S.R. No. 171 H. Consideration of the approval of the bid minutes and tabulation and award of contract for the water treatment plant soda ash feed system to Shank Constructors, Inc. in the amount of $402,050 and authorize the City Manager to approve contract changes under$50,000 without further City Council action S.R. No. 172 I. Consideration of the approval of the first reading of an ordinance relating to hoarding as a nuisance affecting public health S.R. No. 173 J. Consideration of the approval of the first reading of an ordinance relating to lawn maintenance and prairie vegetation and declaring noxious weeds and inadequately maintained vegetation to be a public nuisance S.R. No. 174 K. Moved to Item No. 6. � L. Consideration of the approval of a request for a temporary expansion of the licensed . premises for Lariat Lanes, 6320 Penn Avenue, to allow for the outside service of strong beer on September 15, 2013 in connection with Richfield's Open Streets at Penn Fest event S.R. No. 176 M. Consideration of the approval of a temporary parking lease agreement for Richfield Bloomington Honda to use City-owned property at 7700 Pillsbury Avenue for employee parking S.R. No. 177 N. Consideration of the approval of an agreement with Wold Architects to perform professional services in the design of a locker room addition to the Ice Arena not to exceed $32,865 unless the City gives approval to expand the project S.R. No. 178 Council Meeting Minutes -4- September 10,2013 M/Goettel, S/Elliott to approve the Consent Calendar as amended. Motion carried 4-0. Item #6 CONSIDERATION OF ITEMS, IF ANY, REMOVED FROM THE CONSENT CALENDAR Item 5K. Consideration of the approval of the first reading of an ordinance relating to tobacco and regulation of nicotine or lobelia delivery devices and establishing additional penalties for noncompliance S.R. No. 175 Council Member Sandahl presented Staff Report No. 175. City Attorney Tietjen provided an explanation of`lobelia'. M/Sandahl, S/Fitzhenry to approve the first readinq of an ordinance relatinq to tobacco and requlation of nicotine or lobelia deliverv devices and establishinq additional penalties for noncompliance. Motion carried 4-0. Item #7 PUBLIC HEARING REGARDING A RESOLUTION ADOPTING THE ASSESSMENT FOR REMOVAL OF DISEASED TREES FROM PRIVATE PROPERTY FOR WORK ORDERED FROM JANUARY 1, 2012 THROUGH DECEMBER 31, 2012 S.R. NO. 179 Council Member Sandahl presented Staff Report No. 179. M/Fitzhenry, S/Sandahl to close the public hearina. Motion carried 4-0. M/Sandahl, S/Goettel that the followinq resolution be adopted and that it be made part of these minutes: RESOLUTION NO. 10828 RESOLUTION DECLARING COSTS TO BE ASSESSED AND ORDERING PREPARATION OF PROPOSED ASSESSMENT FOR REMOVAL OF DISEASED TREES FROM PRIVATE PROPERTY FOR THE PERIOD OF JANUARY 1, 2012 TO DECEMBER 31, 2012 Motion carried 4-0. This resolution appears as Resolution No. 10828. Item #8 PUBLIC HEARING REGARDING A RESOLUTION PROPOSING TO ASSESS COMMERCIAL PROPERTIES IN THE 77T" STREET ASSESSMENT DISTRICT F.OR COSTS INCURRED TO MAINTAIN THE AREA FOR 2012 AND A RESOLUTION PROPOSING A SIMILAR ASSESSMENT PROCESS TO BE IMPLEMENTED FOR 2014 S.R. NO. 180 Council Member Sandahl presented Staff Report No. 180. Public Works Director Eastling distributed and acknowledged receipt of the `Notice of Protest' received from the Soo Line Railroad Company. Council Meeting Minutes -5- September 10,2013 City Attorney Tietjen stated there were errors in the notice provided to the 77th Street Assessment District and requested the City Council open the public hearing and continue it to October 8, 2013. The City Council opened the public hearing and then continued the public hearing to October 8, 2013. Item #9 PUBLIC HEARING REGARDING A RESOLUTION PROPOSING TO ASSESS COMMERCIAL PROPERTIES IN THE LYNDALE/HUB/NICOLLET (LHN) DISTRICT FOR COSTS INCURRED TO MAINTAIN THE AREA FOR 2012 AND A RESOLUTION PROPOSING A SIMILAR ASSESSMENT PROCESS TO BE IMPLEMENTED IN 2014 S.R. NO. 181 Council Member Elliott presented Staff Report No. 181. M/Sandahl, S/Elliott to close the public hearina. Motion carried 4-0. M/Elliott, S/Sandahl that the followinq resolutions be adopted and that thev be made part of these minutes: RESOLUTION NO. 10831 RESOLUTION ADOPTING ASSESSMENT FOR LYNDALE/HUB/NICOLLET (LHN) MAINTENANCE FOR THE PERIOD JANUARY 1, 2012 THROUGH DECEMBER 31, 2012 This resolution appears as Resolution No. 10831. RESOLUTION NO. 10832 RESOLUTION ORDERING UNDERTAKING OF CURRENT SERVICE PROJECT LYNDALE/HUB/NICOLLET (LHN) MAINTENANCE JANUARY 1, 2014 THROUGH DECEMBER 31, 2014 This resolution appears as Resolution No. 10832. Motion carried 4-0. Item #10 CONSIDERATION OF THE SECOND READING OF AN ORDINANCE RELATED TO STREET LIGHT BANNERS; APPROVE A RESOLUTION AUTHORIZING THE SUMMARY PUBLICATION OF THE ORDINANCE; AND APPROVE PENN CENTRAL'S STREET LIGHT BANNER PERMIT S.R. NO. 182 Council Member Elliott presented Staff Report No. 182. M/Elliott, S/Sandahl that this constitutes the second readinq of Bill No. 2013-17 related to street liqht banners, that it be published in the official newspaper and that it be made part of these minutes; to approve Penn Central's street liqht banner permit; and that the followinq resolution be adopted and that it be made part of these minutes: RESOLUTION NO. 10833 RESOLUTION APPROVING SUMMARY PUBLICATION OF BILL NO. 2013-17 Motion carried 4-0. This resolution appears as Resolution No. 10833. Council Meeting Minutes -6- September 10,2013 Item #11 CONSIDERATION OF A RESOLUTION GRANTING A SITE PLAN APPROVAL FOR AN ADULT DAY CARE SERVING UP TO 29 PERSONS AT 6722 PENN AVENUE S.R. NO. 183 Council Member Fitzhenry presented Staff Report No. 183. M/Fitzhenry, S/Goettel that the followinq resolution be adopted and that it be made part of these minutes: RESOLUTION NO. 10834 RESOLUTION GRANTING APPROVAL OF A SITE PLAN TO ALLOW A COMMERCIAL DAY CARE FACILITY AT 6722 PENN AVENUE Motion carried 4-0. This resolution appears as Resolution No. 10834. Item #12 CONSIDERATION OF THE ACCEPTANCE OF THE BID MINUTES/TABULATION AND AWARD OF CONTRACT TO AAA STRIPING SERVICES IN THE AMOUNT OF $266,280.88 FOR THE EAST ROUTE (BLOOMINGTON AVENUE) PORTION OF THE FEDERAL BIKEWAYS PROJECT S.R. NO. 184 Council Member Fitzhenry presented Staff Report No. 184. Public Works Director Eastling explained the costs are mostly product driven due to special thermal striping. M/Fitzhenry, S/Sandahl to approve the bid minutes/tabulation and award the contract to AAA Stripinq Services in the amount of$266,280.88 for the east route (Bloominqton Avenue) portion of the Federal Bikewavs Proiect. Motion approved 4-0. Item #13 CONSIDERATION OF THE 2013 REVISED/2014 PROPOSED BUDGET RESOLUTIONS ADOPTING THE 2014 PRELIMINARY PROPERTY TAX LEVY, SETTING THE TRUTH IN TAXATION HEARING DATE,AUTHORIZING BUDGET REVISIONS, AND AUTHORIZING REVISION OF THE 2013 BUDGET OF VARIOUS DEPARTMENTS S.R. NO. 185 Mayor Goettel presented Staff Report No. 185. Mayor Goettel stated the 2014 preliminary gross tax levy is a 1.51% increase over the prior year. The Truth in Taxation meeting is scheduled for December 3, 2013 at 6 p.m. M/Goettel, S/Sandahl that the followinq resolutions be adopted and that thev be made part of these minutes: RESOLUTION NO. 10835 RESOLUTION ADOPTING A PROPOSED BUDGET AND TAX LEVY FOR THE YEAR 2014 This resolution appears as Resolution No. 10835. Council Meeting Minutes -7- September 10,2013 RESOLUTION NO. 10836 RESOLUTION AUTHORIZING BUDGET REVISIONS This resolution appears as Resolution No. 10836. RESOLUTION NO. 10837 RESOLUTION AUTHORIZING REVISION OF 2013 BUDGET OF VARIOUS DEPARTMENTS This resolution appears as Resolution No. 10837. Motion carried 4-0. Item #14 CITY MANAGER'S REPORT City Manager Devich suggested the City Council consider selecting a date to interview HRA applicants. The City Council requested that when the recruitment ends on October 4, 2013, staff notify them of the number of applicants which will assist in determining the date for interviews. Item #15 CLAIMS AND PAYROLLS M/Fitzhenry, S/Sandahl that the followinq claims and payrolls be approved: U.S. Bank 08/27/13 Payroll 94846—95214; 42170 $ 616,648.38 TOTAL $ 1,421,502.12 U.S. Bank 09/10/13 ec s: - Payroll: 95215— 95583 $ �608,466.37 TOTAL $ 2,261,987.35 Motion carried 4-0. OPEN FORUM None. ADJOURNMENT The City Council meeting was adjourned by unanimous consent at 8:06 p.m. Date Approved: September 24, 2013. e ie oe te Mayor ery rum o z teven . evic Executive Coordinator City Manager AGENDA SECTION: CONSENT AGENDA ITEM# 4A REPORT# 186 STAFF REPORT � � ' f' CITY COUNCIL MEETING SEPTEMBER 24, 2013 REPORT PREPARED BY: C�ISTINE COSTELLO,ECONOMIC DEVELO ENT COORDINATOR NAME,TI'I'LC DEPARTMENT DIRECTOR REVIEW: ,� SIGNAT(A2L' OTHER DEPARTMENT REVIEW: � � Si�,N •uar REVIEWED BY CITY MANAGER: •n tXe ITEM FOR COUNCIL CONSIDERAT'ION: `" I Consideration to cancel the public hearing regarding a resolution authorizing the City of Richfield to seek a $200,000 Minnesota Investment Fund loan from the MN Department of Employment and Economic Development to assist Solera Corporation in locating in Richfield. I. RECOMMENDED ACTION: By Motion: Cancel the public hearing to consider a resolution authorizing the City of Richfield to seek a $200,000 Minnesota Investment Fund loan from the MN Department of Employment and Economic Development to assist Solera Corporation in locating in Richfield. II. EXECUTIVE SUMMARY The Minnesota Department of Employment and Economic Development (DEED) and Greater MSP (a regional Chamber of Commerce) had approached the City of Richfield in August with a request that the City serve as the loan agent for Solera Corporation (Solera). Under its revolving loan program, DEED funds cannot be provided directly to the business entity. Instead, the funds are provided to the City in which the business is to be established pursuant to a grant agreement between the City and DEED. 092413-Cancel PH Solera.docx Solera was requesting a $200,000 loan from DEED for IT and equipment costs associated with having a centrally located worksite for the company. They had been working on lease negotiations at the Best Buy Campus since August. Solera has decided to continue searching for other locations and buildings. It now seems unlikely that they will ultimately locate at the Best Buy Campus. III. BASIS OF RECOMMENDATION A. BACKGROUND • Solera is an automotive insurance claims company which was created in 2005. • Solera provides services to more than 55,000 customers, which includes more than 900 automobile insurance carriers, 33,000 collision repair facilities, 7,000 independent assessors, and 3,000 automotive recyclers. Solera is also in the top 10 largest automobile insurance companies in North America and Europe. • Solera recently acquired two software/accounting services companies; Explore Information Services in Eagan and Audatex in Plymouth. The acquired companies will be known as AudaExplore. • AudaExplore will retain the current workforce (120 positions) and over the next two years to add an additional 40 employees. • Solera has decided to continue looking at other locations and is unlikely to lease from Best Buy. B. PoLICY • Notice of this public hearing was published in accordance with City and State requirements. The public hearing must be cancelled. G CRITICAL TIMING ISSUES • The applicant has requested withdrawal of all applications thereby removing any timing constraints. D. FnvaNClaL • N/A E. LEGAL • N/A F. ENVIRONMENTAL CONSIDERATIONS • N/A . IV. ALTERNATIVE RECOMMENDATION�S� • N/A V. ATTACHMENTS • N/A VI. PRINCIPAL PARTIES EXPECTED AT MEETING • N/A AGENDA SECTION: CONSENT AGENDA ITEM# 4B � REPORT# 187 . STAFF REPORT 1 � �' CITY COUNCIL MEETING SEPTEMBER 24, 2�13 REPORT PREPARED BY: CHRIS REGIS,FINANCE MANAGER NAME,TITLE DEPARTMENT DIRECTOR REVIEW: � SIGNATURE OTHER DEPARTMENT REVIEW: � N SIGNA REVIEWED BY CITY MANAGER: R � ITEM FOR COUNCIL CONSIDERATION: Consideration of a transfer of funds to close the 76t" Street East Reconstruction Capital Project Fund. I. RECOMMENDED ACTION: By Motion: Approve the transfer of funds to close the 76t" Street East Reconstruction Ca ital Pro'ect Fund. II. EXECUTIVE SUMMARY The 76th Street East Reconstruction project has been completed. For the purposes of the Engineering division this project can be closed out. Within the fund there is a residual cash balance of unspent bond proceeds from the project. These proceeds are required to be transferred to the debt service fund where principal and interest on the bond issued to fund the project is paid. III. BASIS OF RECOMMENDATION A. BACKGROUND • N/A B. POLICY ', • The City's financial policies do not directly address the closing out of City funds. • The City's auditors have recommended that non-budgeted transfers between funds be approved by the City Council. C. CRITICAL TIMING ISSUES • N/A ' D. FnvaNCraL • The balance of unspent bond proceeds is $222,837: • The following table reflects the fund to close and the corresponding funding source or recipient. Fund to Close Balance Fundin Reci ient Amount 76 Street Reconstruction $222,837 2012A GO Street Recon. 6ds $222,837 E. LEGAL • N/A F. ENVIRONMENTAL CONSIDERATIONS • N/A IV. ALTERNATIVE RECOMMENDATION�S� • None. V. ATTACHMENTS • None. VI. PRINCIl'AL PARTIES EXPECTED AT MEETING • N/A AGENDA SECTION: CONSENT' AGENDA ITEM# 4C � REPORT# 188 � I STAFF REPORT / � �� CITY COUNCIL MEETING SEPTEMBER 24, 2013 REPORT PREPARED BY: CHRIS REGIS,FINANCE MANAGER Na,tirc,Tircc DEPARTMENT DIRECTOR REVIEW: � ATURG OTHER DEPARTMENT REVIEW: � � � SIGNATURE REVIEWED BY CITY MANAGER: ' � - ITEM FOR COUNCIL CONSIDERATION: Consideration of a grant agreement between the State of Minnesota, acting through the Department of Employment and Economic Development and the City of Richfield for the of $550,000; and consideration of a Loan Agreement between the City of Richfield and Endeavor Air, Inc., for the same sum of$550,000. I. RECOMMENDED ACTION: . By Motion: Approve the grant agreement between the State of Minnesota, acting through the Department of Employment and Economic Development and the City of Richfield for a Minnesota Investment Fund loan in the sum of $550,000; and approve the Loan Agreement between the City of Richfield and Endeavor Air, Inc., for the same sum of $550,000. II. EXECUTIVE SUMMARY The State of Minnesota, through the Department of Employment and Economic Development (DEED), provides for revolving loan programs to certain businesses in Minnesota. These loans are generally intended to provide "seed" money for new businesses in Minnesota which will in turn, provide new higher paying jobs in the state. Under this revolving loan program the funds from DEED cannot be provided directly to the business entity. Instead, the funds are provided to the City in which the business is to be established pursuant to a grant agreement between the City and DEED. The City then loans the money to the business pursuant to a loan agreement and one or more security agreements. DEED has approved the City's application for a Minnesota Investment Fund loan. The City now must enter into a grant agreement with DEED and a loan agreement with Endeavor Air, Inc. The loan to Endeavor Air, Inc. will be forgiven if Endeavor Air, Inc. creates at least 200 jobs at wages of at least $13.46 per hour within two years. If the loan is not forgiven, Endeavor Air's promise to repay will be secured by a promissory note, and a guaranty. The guaranty will be from Delta Air Lines, Inc. (Delta). The $550,000 loan from DEED will be used to renovate a building on Minneapolis/St. Paul Airport property that will used as the company's corporate headquarters. No City funds are involved in the transaction and the City has no financial liability in this matter. III. BASIS OF RECOMMENDATION A. BACKGROUND • Endeavor Air, Inc. is a $900 million holding company with 5,100 employees. It operates 191 regional jets with 1,000 flights a day to more than 100 cities in the United States and Canada including 80 flights from Minneapolis/St. Paul Airport (MSP). • Endeavor Air, Inc. has emerged from bankruptcy proceedings as of May 2013, and will be a wholly-owned subsidiary of Delta Air Lines. As noted, Endeavor Air, Inc. will be relocating its company headquarters from Memphis, Tennessee to the Minneapolis/St. Paul Airport. • Delta Air Lines will also be contributing $550,000 towards the building renovation. B. PoLicY • A grant agreement is required between the Grantor, DEED, and the grantee, the City of Richfield. • A loan agreement is then required between the City of Richfield and Endeavor Air, Inc. Endeavor Air, Inc. will also provide to the City a promissory note, and a guaranty from Delta Air Lines. • The DEED funds must be administered through a political subdivision of the State. • Richfield will act as the loan agent for the $550,000 loan to Endeavor Air, Inc. • A public hearing pursuant to State of Minnesota requirements was held on June 11, 2013 authorizing the City of Richfield to obtain a Minnesota Investment Fund loan from DEED. C. C�TICAL TIM�G ISSUES • The application for the funding to Endeavor Air, Inc. through the City of Richfield has been approved by DEED. • A grant agreement between the State of Minnesota, acting through DEED and the City of Richfield must be executed prior to distribution � of funds to the City of Richfield. • A loan agreement between the City of Richfield and Endeavor Air, Inc. must be executed prior to distribution of funds to Endeavor Air, Inc. from the City of Richfield. D. FINANCIAL • No City funds will be used to fund the loan to Endeavor Air, Inc. Administration of the loan is expected to involve minimal staff time. • The City of Richfield has received an administrative fee in the amount of$2,500 to cover staff time and any out of pocket costs. E. LEGAL • The City Attorney has reviewed the Grant Agreement, Loan Agreement, Promissory Note, and Guaranty. F. ENVIRONMENTAL CONSIDERATIONS • N/A IV. ALTERNATIVE RECOMMENDATION(S� • None. V. ATTACHMENTS • Resolution Approving Minnesota Investment Fund Loan Agreement between the City and Endeavor Air, Inc., Inc. • Grant Agreement between the State of Minnesota, acting through DEED and , the City of Richfield. • Loan Agreement between the City of Richfield and Endeavor Air, Inc. • Promissory Note • Guaranty from Delta Air Lines. VI. PRINCIl'AL PARTIES EXPECTED AT MEETING • N/A �C- 1 CITY OF RICHFIELD , RESOLUTION NO. RESOLUTION APPROVING MINNESOTA INVESTMENT FUND LOAN AGREEMENT BETWEEN THE CITY AND ENDEAVOR AIR,INC. WI-�REAS, pursuant to a resolution adopted on June 11, 2013, the City Council (the "City ' Council")of the City of Richfield(the"City")approved the submission of an application for a grant from the Minnesota Investment Fund Program administered by the Minnesota Department of Employment and Economic Development("DEED"); and WI�REAS, the City has received the form of a Grant Agreement with DEED, dated July 30, 2013 (the "Grant Agreement"), to obtain grant funds in the amount of $550,000 and loan such grant funds to Endeavor Air,Inc.,a Georgia corparation(the"Borrower");and WI�REAS, the City Council has received and reviewed an Agreement for Loan of Minnesota Investment Fund—Forgivable Loan(the"Loan Agreement"), between the City and the Borrower, providing for the loan of the grant funds in the amount of$550,000 to the Borrower (the "Loan"), which agreement includes a"business subsidy agreement"as defined in Minnesota Statutes, Sections 166J.993 to 116J.995, as amended(the"Business Subsidy Act");and WI�REAS, it is proposed that the Loan be considered forgivable provided that the Borrower complies with certain requirements of the business subsidy agreement contained in the Loan Agreement;and WHEREAS,to evidence the repayment obligations of the Borrower under the Loan Agreement,the Borrower will execute and deliver to the City a Promissory Note(the"Note");and WHEREAS, the Loan will be further secured by a Guaranty Agreement (the "Guaranty Agreement");and WHEREAS, the City Council has had the opportunity to review the Loan Agreement, Note, and Guaranty Agreement(collectively,the"Loan Documents");and WHEREAS, on June 11, 2013, the City conducted a duly noticed public hearing as required by Section 116J.994, subdivision 5 of the Business Subsidy Act on the proposed Loan to be made to the Borrower pursuant to the Loan Agreement. NOW,THEREFORE,BE IT RESOLVED by the City Council of the City of Richfield,that: 1. The Grant Agreement and Loan Agreement, and the business subsidy agreement contained therein, are approved. The Mayor and the City Manager are authorized and directed to sign the Grant Agreement and the Loan Agreement and any other documents or certificates necessary to carry out the tt-ansactions described in the Grant Agreement and the Loan Agreement. 2. The Grant Agreement and the Loan Agreement are approved in substantially the form on file in City Hall, subject to modifications that do not alter the substance of the transaction 429075v2 JAE RC145-670 � c� � and are approved by the Mayor and the City Manager; provided that execution of the document will be conclusive evidence of their approval. Approved by the City Council of the City of Richfield this 24th day of September,2013. Debbie Goettel,Mayor ' ATTEST: Nancy Gibbs,City Clerk 429075v2 JAE RC145-670 �C�3 STATE OF MINNESOTA DEPARTMENT OF EMPLOYMENT AND ECONOMIC DEVELOPMENT BUSINESS AND COMMUNITY DEVELOPMENT DIVISION Grant Agreement CDAP-13-0002-H-FY13 SC 66217 This Agreement is made on July 30, 2013 between the State of Minnesota, acting through the Department of Employment and Economic Development(hereinafter the Grantor), and the City of Richfield, Minnesota(hereinafter the Grantee), 6700 Portland Avenue Richfield, MN 55423. RECITALS The Grantor has been authorized to administer funds pursuant to Minnesota Statute 116J.8731, Minnesota Investment Fund. The Grantee has made application to the Grantor for a portion of the allocation for the purpose of conducting the project entitled Pinnacle Airlines Corporation in the manner described in Grantee's "Application, #CDAP-13-0002-H-FY13" (herein the Application) which is incorporated into this agreement by reference. The recitals are an integral part of this Agreement. In consideration of mutual promises set forth below, the parties agree as follows: The Grantor shall grant to the Grantee the total sum of FIVE HLTNDRED FIFTY THOUSAND ($550,000), which shall be state funds appropriated under the Minnesota Investment Fund Program by the State Legislature. The Grantee shall perform the activities that are proposed in the Application and are further specified under Special Conditions during the period from February 8, 2013 through June 26, 2015 in accordance with Minnesota Statutes 116J.993-116J.994 and all other applicable State and Federal laws. Grantee agrees to require the Pinnacle Airlines Corporation(hereinafter the Borrower)to complete the project in accordance with the approved budget and within the time frames specified in the Grantee's Application and this Agreement. Any material change in the scope of the project, budget, or completion date must be approved in writing by the Grantor. Funds made available pursuant to this Agreement shall be used only for expenses incurred in performing and accomplishing such purposes and activities during the grant period described above. Where provisions of the Grantee's Application are inconsistent with other provisions of this Agreement,the other provisions of this Agreement shall take precedence over the provisions of the Application. �-c- � GENERAL CONDITIONS Accounting. For all expenditures of funds made pursuant to this Agreement, Grantee shall keep financial records, including invoices, contracts, receipts, vouchers, and other documents sufficient to evidence in proper detail the nature and propriety of the expenditure. Loan Repayment. Grantee will comply witli the repayment provisions of this Agreement until the loan to Pinnacle Airlines Corporation(hereinafter the Borrower) is repaid or forgiven and required payments due from Grantee to the Grantor are made. Reporting. Grantee shall submit reports to Grantor in accordance with the reporting requirements set forth in Minnesota Rule 4300.3200. Grantee shall use the forms found in the Implementation Manual provided by the Grantor and submit progress reports on a yearly basis ending December 31. Progress reports are due by January 25. The Grantor, at its discretion, may require the submittal of additional progress reports during the grant period. Audit and Inspection. Accounts and records related to the funds provided under this Agreement shall be accessible to authorized representatives of the Grantor for the purposes of examination and audit. In addition, Grantee will give the State of Minnesota, Department of Employment and Economic Development, Legislative Auditor, and State Auditor's Office,through any authorized representatives, access to and the right to examine all records, books, papers, or documents related to the grant for inspection and audit, for a minimum of six years from the end of this Grant Agreement. Payment/Disbursement Schedule. Grantor shall disburse funds to the Grantee pursuant to this Agreement, based upon a payment request submitted by the Grantee and reviewed and approved by the Grantor. The Grantor is required to disburse the funds for this project no later than June 30, 2014 as required by Minnesota Statute 16A.28, Subdivision 6. Affirmative Action. Grantee is encouraged to prepare and implement an affirmative action plan for the employment of minority persons, women, and the disabled and submit the plan to the Commissioner of Human Rights as required by Minnesota Statutes 363A.36. Notice for Contract and Subcontract. Grantee shall include in any contract or subcontract, with the Borrower, such provisions as to assure the Borrower is and will be in compliance with applicable state and federal laws. Antitrust. The Grantee hereby assigns to the State of Minnesota any and all claims for overcharges as to goods and/or services provided in connection with this Agreement resulting from antitrust violations which arise under the antitrust laws of the United States and the antitrust laws of the State of Minnesota. Termination by the State. The State or commissioner of Administration may cancel this Grant at any time, with or without cause, upon 30 days' written notice to the Grantee. Upon termination, the Grantee will be entitled to payment, determined on a pro rata basis, for services satisfactorily performed. This Grant may be terminated if the project has not been initiated as described in the application documents by June 26, 2015. The Grantee will provide written notice that such termination will occur by June 26, 2015. �C-5 Termination for Insufficient Funding. The State may immediately terminate this Grant if it does not obtain funding from the Minnesota Legislature, or other funding source; or if funding cannot be continued at a level sufficient to allow for the payment of the project covered here. Termination must be in writing and mailed or faxed to the Grantee. The State is not obligated to pay for any project expenses that are incurred after notice and effective date of termination. However, the Grantee will be entitled to payment, determined on a pro rata basis, for services satisfactorily performed to the extent that funds are available. The State will not be assessed any penalty if the Grant is terminated because of the decision of the Minnesota Legislature, or other funding source, not to appropriate funds. The State must provide the Grantee notice of the lack of funding within a reasonable time of the State's receiving that notice. Amendments. Any amendment to this Agreement shall be in writing, and shall be executed by either the same persons who executed the original agreement,their successor in office, or by those persons authorized by the Grantee through a formal resolution of its governing body. Government Data Practices. The Grantee shall comply with the Minnesota Government Data Practices Act, Chapter 13 and the Conflict of Interest provisions of Minnesota Statutes, Sections 471.87 - 471.88. Successors and Assignees. This Agreement shall be binding upon any successors or assignees of the parties. Authorized Agent. The State's authorized agent and contact person responsible for administration of this Agreement is Bart Bevins (or successor) of the Department of Employment and Economic Development. Liability. Grantee agrees to indemnify and save and hold Grantor, its agents and employees harmless from any and all claims or causes of action arising from the perfortnance of the Grant by Grantee or Grantee's agents or employees. This clause shall not be construed to bar any legal remedies Grantee may have for the Grantor's failure to fulfill its obligations pursuant to this Agreement. Grantee is not waiving any limitation of damages or immunities afforded by law or equity. �{C-C� SPECIAL CONDITIONS Grant Number: CDAP-13-0002-H-FY13 Project Title: Pinnacle Airlines Corporation 1. Funds will not be released until the following is submitted to the Grantor and approved: a) Documentation that the Borrower has paid all unpaid taxes pursuant to the provisions of Pinnacle Airlines plan of reorganization as approved April 17, 2013. b) Minnesota Investment Fund Loan Agreement,promissory note, amortization schedule, and personal guaranty must be submitted to the Grantor for review prior to requesting funds. c) Documentation that all sources of funds necessary to complete the project have been committed and are available to the Borrower. 2. The Grantee may not request funds from the Grantor for disbursement to the Borrower until the Grantee has received invoices for building renovation costs. 3. The leveraged funds described in the approved Application must be used for the same purposes and under the same terms, rates, and conditions, as specified in the approved application, unless prior written concurrence is received from the Grantor. , 4. Grantee must secure from the Borrower the necessary documentation that all project funds have been used for the items and purposes stated in the Grant Application, prior to requesting grant closeout from the Grantor. 5. The Grantee shall enter into a forgivable Loan Agreement with the Borrower for FIVE HL7NDRED FIFTY THOUSAND ($550,000), with no interest, to be used for the purposes, conditions and terms as stated in the approved Application, and may not be modified without prior written approval from the Grantor. In the event that Borrower documents that it has created and maintained 200 full time equivalent jobs through the end of the grant period, June 26, 2015 and operates the project for at least five years, Borrower will not be required to repay to the Grantee the full amount of the loan amount. If Borrower fails to create and maintain the required jobs and operate the project for at least five years, then Borrower will be required to repay the Grantee all or a portion of the grant funds. The repayment will be calculated as the ratio of the number of jobs which the Borrower did not maintain, divided by 200 and multiplied by the Loan Amount. Any amounts required to be repaid shall be paid within one year from the date of default and shall bear an interest rate of 4%per annum from the date of default to the date of payment. 6. Grantee's attorney must review Loan Agreements,promissory notes, guaranty or other documents, if any, considered necessary by the Grantee to secure the loan to ensure that they are valid, binding and enforceable. Special conditions 3,4,5,7,8,9,10,11 included in this Agreement must be incorporated into the Loan Agreement. 4 �cv� 7. Any loan repayment that is amount required to be paid under Paragraph 5 musi be returned to the Grantor until the required amount is paid. The status of payments shall be reported on the progress reports. i 8. The Grantee must include job creation information in each progress report. This information must include: -permanent jobs created -hourly wage - date employee (s) hired -job title per job -hourly value of benefits - benefits 9. The Borrower must report annually on the permanent FTE jobs to be created by the end of the grant period, June 26, 2015, which jobs must be paid at least $13.46 per hour or more in wages, exclusive of benefits. If the Borrower fails to meet the wage level commitment by the end date of the grant period, the Borrower will be required to repay to the Grantee all or a proportional share of the loan funds within one year from the date of default. The repayment will be based on the number of jobs which did not meet the wage levels � specified in this paragraph. The Grantee will then be required to return to the Grantor such repayments that the Borrower makes. Any amounts required to be repaid shall bear an interest rate of 4%per annum from the date of default to the date of payment. A corporate guaranty is required. . 10. Minnesota Statutes 116J.993-116J.994 (Business Subsidies Law) applies to this project. The Grantee is required to submit yearly Business Subsidy Reports to the Department of , Employment and Economic Development. 11. Minnesota Statutes 116L.66 (First Source Agreements) applies to this project. 12. The Grantor may not authorize disbursement of funds if there has been any adverse change in the Borrower's financial condition, organization, operations or their ability to repay the project financing. Grant Number: CDAP-13-0002-H-FY13 Project Title: Pinnacle Airlines Corporation The Grantor and Grantee acknowledge their assent to this agreement and agree to be bound by its terms through their signatures entered below. s ��-� GRANTEE: I have read and I agree to all of STATE OF MINNESOTA by and through the the above provisions of this agreement. Department of Employment and Economic Development By By Debbie Goettel Title Deputy Commissioner Title Mayor Date Date ENCUMBERED: Department of Employment and Economic BY Development Steven Devich By Title City Manager Date Encumbered Date [Individual signing certifies that funds have been encumbered as required by Minnesota Statute 16A.] 6 �� AGREEMENT FOR LOAN OF MINNESOTA INVESTMENT FUND FORGIVABLE LOAN This Agreement for Loan of Minnesota Investment Fund—Forgivable Loan (the"AgreemenY') is made and entered into as of the l Oth day of September,2013, by and between the CITY OF RICHFIELD, MINNESOTA, a municipal corporation under the laws of Minnesota(the"City"),and ENDEAVOR AIR, INC., a Georgia corporation, f/k/a Pinnacle Airlines Corp. (the"Borrower"). WITNESSETH: WHEREAS, the City has applied to the Minnesota Department of Employment and Economic Development ("DEED") far a Minnesota Investment Fund Grant (the "MIF Grant") pursuant to an application(the"Grant Application")and received approval for said grant; and WHEREAS, Grant Agreement CDAP-13-0002-H-FY13 (the "Grant AgreemenY') between DEED aild the City has been executed and requires that the Borrower provide sufficient funds to complete financing and agree to loan terms with the City regarding the MIF Grant; and WHEREAS, the funds to be loaned to the Borrower will be used to finance renovations to a building for use as the Borrower's corporate headquarters (the "Project") and will be considered a forgivable loan provided that the Borrower complies with the terms of the business subsidy agreement set forth in Section 7.1 hereof(the"Business Subsidy Agreement"); and WHEREAS, the parties hereto agree to incorporate into this Agreement by reference said Grant Application and Grant Agreement as if fully set forth herein word for ward. NOW THEREFORE, it is agreed by and between the parties hereto as follows: ARTICLE 1 De�nitions Section 1.1. Definitions. In this Agreement, unless a different meaning clearly appears from the context: "Benefit Date"means the earlier of(i)the date when the improvements are finished for the entire project or(ii)the date when the Borrower occupies th�property. The Benefit Date is June 26,2013. "Borrower"means Endeavor Air,Inc., a Georgia corporation, its sucessors and assigns. "City"means the City of Richfield,Minnesota. "Compliance Date" means the date that is two (2)years after the Benefit Date. The Compliance Date is June 26,2015. "Business Subsidy Agreement" means the bus,iness subsidy agreement set forth in Section 7.1 hereof. "DEED"means the Minnesota Department of Employment and Economic Development. 429068v6 JAE RC145-670 1 �C-I � "Development Property" means the real property depicted on Exhibit A attached to this Agreement, comprising approximately 4,667,044 square feet of land(107.14 acres). "Facility"means approximately 55,285 square feet located on floors 2, 3,4, 6, and 7 of the office tower portion of the building known as `Building C" located on the Development Property, to be leased and renovated by the Borrower. "Grant Agreement"means the DEED Grant Agreement CDAP-13-0002-H-FY13. "Grant Application" means the Grant Application submitted by the City to DEED to obtain the MIF Grant,which incorporated the Borrower's grant application. "Grantor Agency"means DEED. "Guaranty Agreement" means the Guaranty Agreement of even date herewith from the Borrower's,parent corporation,Delta Air Lines,Inc.,to the City, or any Replacement Guaranty. "Initial Disbursement Date" means the date of the first disbursement, of any Loan Proceeds by the City to the Borrower. "Leveraged Funds"means the funds described in Section 2.2 of this Agreement. "Loan"means the funds loaned by the City to the Borrower pursuant to this Agreement. "Loan Proceeds"means the funds disbursed to the Borrower pursuant to this Agreement and any proceeds thereof. "MIF"means the Minnesota Investment Fund. "MIF Grant" means the grant of funds by the Grantor Agency to the City pursuant to the Grant Agreement. "New Jobs"has the meaning set forth in Section 7.1(b)of this Agreement. "Note"means the promissory note of even date herewith from the Borrower to the City. "Project" means the renovation of the Facility by the Borrower for use as its corporate headquarters financed with the assistance of the Loan. "Replacement Guaranty"has the meaning set forth in Section 4.3 of this Agreement. "State"means the State of Minnesota. "Termination Date"means the date described in Section 3.4 of this Agreement. 429068v6 JAE RC145-670 2 �{C., - I 1 � ARTICLE 2 Financin�for Proiect Section 2.1. Project Financing. The Borrower has secured a commitment for the financing necessary to complete the Project, in a form and under conditions satisfactory to the City and the Borrawer. Section 2:2. Borrower's Equity and Other Financing. The Borrower shall commit not less than $550,000 of other financing.from its parent company, Delta Air Lines, Inc.,to be used for the Project and site improvements to the Development Property and other costs of the business. Section 2.3. MIF Grant. The MIF Grant will be used by the City to make a loan to the Borrower of not more than $550,000 far the Project to be located on the Development Property. The City's obligations under this Agreement are expressly contingent on tfie City's receipt of funds from the Grantor Agency in an amount adequate to make the Loan. ARTICLE 3 MIF Loan Terms and Conditions Section 3.1. Basic Loan Terms. The principal amount of the Loan shall not exceed $550,000. The Loan shall be forgiven by the City upon satisfaction by the Borrower of the terms of the Business Subsidy Agreement. The Loan terms may not be modified without prior written approval from the Grantor Agency. The Loan shall be used exclusively for the Project. In the event that all or a portion of the Loan is not forgiven, the Loan shall be payable based on the terms and interest rate set forth in Section 5.4 hereof. Section 3,2. Prepa.�nt. If the Loan is not forgiven, prepayment of the Loan may occur at any time during the Loan without penalty. Section 3.3. Assi nment. If, prior to the Termination Date, the Borrower sells, conveys, transfers, further mortgages or encumbers, or disposes of the Facility, or any part thereof or interest therein, without the prior written approval of the City or enters into an agreement to do any of the foregoing, the Borrower shall immediately repay all amounts then outstanding on the Loan. This shall be in addition to any other remedies at law or equity available to the City. Notwithstanding anything to the contrary contained in this Agreement, approval or consent of the City shall not be required for a transfer of Borrower's interest in the Facility to Borrower's parent company, or for a transfer of such interest by operation of the law in connection with a merger with, or sale of all or substantially all of Borrower's assets to, another commercial air carrier; provided in either case that the transferee assumes and agrees to be bound by the terms of this Agreement and the Note. Section 3.4. Termination.. This Agreement shall automatically terminate without any notice to Borrower on the earliest date one of the following events occurs: (1) if no Loan Proceeds have been disbursed to the Borrower prior to June 30, 2014; (2) if the Borrower has satisfied the requirements of the Business Subsidy Agreement; or (3) if: (a) the Borrower has not received any disbursement of Loan Proceeds from the City; and (b) the Borrower fails to pay its debts as they become due, makes an assignment for the benefit of its creditors, admits in writing its inability to pay its debts as they become due, files a petition under any chapter of the Federal Bankruptcy Code or any similar law, State or federal, now or hereafter existing, becomes "insolvent" as that term is generally defined under the Federal 429068v6 JAE RC145-670 3 �I c- � a Bankruptcy Code, files an answer admitting insolvency or inability to pay its debts as they become due in any involuntary bankruptcy case commenced against it, or fails to obtain a dismissal of such case within sixty (60) days after its commencement or convert the case from one chapter of the Federal Bankruptcy Code to another chapter, ar is the subject of an order for relief in such bankruptcy case, or is adjudged a bankrupt or insolvent, or has a custodian, trustee, or receiver appointed for it, or has any court take jurisdiction of its property, or any part thereof, in any proceeding for the purpose of reorganization, arrangement, dissolution, or liquidation, and such custodian,trustee, or receiver is not discharged, or such jurisdiction is not relinquished,vacated, or stayed within sixty(60)days of the appointment. Section 3.5. Promissorv Note. Before any disbursement of Loan Proceeds by the City to the Borrower,the Borrower shall execute and deliver to the City the Note. Section 3.6. Annual Financial Statements. For the term of the Loan, upon request of the Lender, the Borrower shall submit its most recent annual financial statement (which may be a consolidated statement of the Borrower's parent corporation, including financial information for the Borrower) prepared in accordance with generally accepted accounting principles. The annual financial statements shall include a profit and loss statement, balance sheet, statement of cash flow, notes and an opinion from the accountants of such statements acceptable to the Lender, unless the consolidated statement is for a publicly traded company, in which case such statement will be in the form required by applicable laws and regulations. Section 3.7. Insurance. The Borrower shall maintain insurance in adequate amounts covering loss or damage to the Facility, and comprehensive general liability insurance and workers' compensation insurance in commercially reasonable amounts for the term of the Loan. ARTICLE 4 Default and Collateral Section 4.1. Default. The Borrower shall be in default under this Agreement upon the happening of any one or more of the following events: (a) the Borrower .fails to pay when due any amount payable on the Loan and such nonpayment is�not remedied within ten (10) business days after written notice thereof to the Borrower by the City; (b) the Borrower is in breach in any material respect, of any obligation or agreement under this Agreement(other than nonpayment of any amount payable on the Loan)and remains in breach in any material respect for thirty (30) business days after written notice thereof to the Borrower by the City; provided, however, that if such breach shall reasonably be incapable of being cured within such thirty (30) business days after notice, and if the Borrower commences and diligently prosecutes the appropriate steps to cure such breach, no default shall exist so long as the Borrower is proceeding to cure such breach; (c) any material covenant, warranty, or representation of the Borrower shall prove to be untrue in any material respect, provided such covenant, warranty or representation of the Borrower remains untrue in any material respect for thirty (30) business days after written notice thereof to the Borrower by the City; provided, however, that if such untruth shall reasonably be incapable of being corrected within such thirty (30) business days after notice, and if the Borrower commences and diligently prosecutes the appropriate steps to correct such untruth, no default shall exist so long as the Borrower is so proceeding to correct such untruth; 429068v6 JAE RC145-670 4 ��-�.� (d) the Borrower, on or after the Initial Disbursement Date, fails to pay its debts as they become due, makes an assignment for the benefit of its creditors, admits in writing its inability to pay its debts as they become due, files a petition under any chapter of the Federal Bankruptcy Code or any similar law, State or federal, now or hereafter existing, becomes "insolvent" as that term is generally defined under the Federal Bankruptcy Code, files an answer admitting insolvency or inability to pay its debts as they become due in any involuntary bankruptcy case commenced against it, or fails to obtain a dismissal of such case within sixty (60) days after its commencement or convert the case from one chapter of the Federal Bankruptcy Code to another chapter, or be the subject of an order for relief in such bankruptcy case, or be adjudged a bankrupt or insolvent, or has a custodian,trustee, or receiver appointed for it, or has any court take jurisdiction of its property, or any part thereof, in any proceeding for the purpose of reorganization, arrangement, dissolution, or liquidation, and such custodian, trustee, or receiver is not discharged, or such jurisdiction is not relinquished, vacated, or stayed within sixty (60) days of the appointment; (e) a final judgment is entered against the Borrower that the City reasonably deems will have a material, adverse impact on the Borrower's ability to comply with the Borrower's obligations under this Agreement; (� the Borrower sells, conveys, transfers, encumbers, ar otherwise disposes of all or any part of the Facility without the prior written approval of the City;or (g) Except as provided in Section 3.3, the Borrower merges or consolidates with any other entity without the prior written approval of the City. Section 4.2. Remedies Upon Default. (a) Upon the occurrence of an event of a default, the City shall have the right as its option and without demand or notice, to declare all or any part of the Loan immediately due and payable, and in addition to the rights and remedies granted hereby, the City shall have all of the rights and remedies available under the Uniform Commercial Code and any other applicable law. (b) Upon the occurrence of an event of a default,the Borrower agrees to make the collateral, if any, available to the City within ten (10)days after written request therefore by the City. The Borrower agrees to pay the costs and expenses incurred by the City in enforcing its rights under this Agreement, including but not limited to the City's attorneys' fees. If any notice of sale, disposition or other intended action by the City is required by law to be given to the Borrower, such notice shall be deemed reasonably and properly given if mailed to the Borrower at the address of the Borrower for notices given herein, at least fifteen(15) days before such sale, disposition or other intended action. (c) With respect to an event of default arising from a breach by the Borrower of any provision of the Business Subsidy Agreement, the City's sole remedies shall be those set out in the Business Subsidy Agreement. � Section 4.3. Collateral. The Loan shall be secured by the Guaranty Agreement. Upon any merger, asset sale or other restructuring of Borrower that results in Delta Air Lines, Inc. no longer being the parent company of the Borrower, the Borrower may replace the Guaranty Agreement with a guaranty agreement on substantially similar terms duly executed by the Borrower's new parent company or any other third party whose creditworthiness at the time of such substitution is not materially weaker than the creditworthiness of Delta Air Lines, Ina (a "Replacement Guaranty"). Notwithstanding anything to the contrary contained in this Agreement or in the Grant Agreement, there is no mortgage or other security 429068v6 JAE RC145-670 5 � �-►� � �� agreement securing the Loan. Section 4.4. Default on Business Subsidy Act Requirements. (a) Upon the occurrence of an Event of Default arising from a breach by the Borrower of any provision of Section 7.1 of this Agreement, if the implicit price deflator for government consumption expenditures and gross investment for state and local governments prepared by the Bureau of Economic Analysis of the United States Department of Commerce for the 12-month period ending March 31 of the previous year, exceeds four percent (4%) on the date of the earliest such Event of Default, the Borrower shall, in addition to any other payment required hereunder, pay to the City the difference between the present value of the interest actually paid and accrued on the Loan as of the date of the payment required by this Section 4.4, and the amount of interest that would have been paid and accrued on the Loan if the interest rate of the Loan at all times had been equal to the implicit price deflator on the date of the earliest Event of Default. (b) Nothing in this Section 4.4 shall be construed to limit the City's rights or remedies under any other provision of this Agreement, and the provisions of Section 4.4(a) are in addition to any other such right or remedy the City may have available. ARTICLE 5 Loan Disbursement Provisions Section 5.1. Payment Requisition Documentation and Format. Loan disbursements shall be for the Project and shall not exceed $550,000. The Loan shall be disbursed to the Borrower only after the City has received from the Borrower an invoice or invoices for Project costs. Upon receipt of such invoice or invoices, the CiTy will disburse an amount equal to fifty percent (50%) of the amount of the invoice or invoices, up to a total disbursement amount of$550,000. The first disbursement rnust occur prior to December 31,2013. The Loan must be fully disbursed by June 30, 2014. Section 5.2. Provision for Evidentiary Materials. No disbursements of Loan funds shall be made until all evidentiary materials required by the Grantor Agency have been submitted and approved by the Grantor Agency. These evidentiary materials shall include,but not necessarily be limited to,the materials described in Article 6 hereof and the invoices described in Section 5.1 hereof. Section 5.3. Project Time Frame. The time frame outlined in the Grant Application pertaining to the Project shall be met by the Borrower. Section 5.4. Loan Terms. If the Loan must be repaid pursuant to a default by the Borrower with respect to the Business Subsidy Agreement,the term of the Loan shall be one(1)year, commencing as of the date of any default by the Borrower, and the Loan shall bear interest at the rate of four percent(4.0%) per annum. Interest shall commence to accrue as of the first day of the first month following such default. Section 5.5. Loan Repayments Schedule. If the Loan must be repaid pursuant to a default by the Borrower with respect to the Business Subsidy Agreement, payments of principal and interest shall commence on the first day of the first month following such default and shall continue on the first day of each and every month thereafter until paid in full. Such payments shall fully amortize the portion of the Loan that must be repaid over one (1) year; provided, however, the entire remaining unpaid balance of principal and interest shall be due and payable in full on the first day of the thirteenth (13th) month following such default. 429068v6 JAE RC145-670 6 � �-i � Section 5.6. Leveraged Funds. The Leveraged Funds described in Section 2.2 hereof and the Grant Application must be used for the same purposes and under the same terms, rates, and conditions as specified therein unless prior written consent is received from the Grantor Agency. ARTICLE 6 Provision of Evidentiary Material Requirement Section 6.1. Provision of Evidentiary Materials. In addition to those materials described in Section 5.2 of this Agreement, the Borrower shall provide the City with all evidentiary materials according to the format and timetable cited in the Grant Agreement. The City will forward these materials to the Grantor Agency and assist in expediting reviews leading to a release of the Loan. Section 6.2. Documentation of Use of Funds. The Borrower must provide the City with necessary documentation that the Loan and the Leveraged Funds have been used for the items and purposes stated in the Grant Application prior to submitting the final progress report and requesting grant closeout from the Grantor Agency. Section 6.3. Job Creation Documentation. In conjunction with the reporting required pursuant to Section 7.2, the Borrower shall submit to the City a written report by March 1 of each year regarding job creation on forms provided by the City. This reporting requirement shall terminate on the Compliance Date (June 26, 2015) if the Borrower is not then in breach of Section 7 hereof. This information shall be provided by the Borrower and must include at a minimum: (a) permanent jobs created; (b) job title per job; (c) hourly wage; (d) hourly value of benefits; (e) date employee(s)hired; and (� benefits. ARTICLE 7 Business Subsidy AEreement Section 7.1. Business Subsidv Agreement. The provisions of this Section constitute the "business subsidy agreement" for purposes of the Minnesota Business Subsidy Act (Minnesota Statutes Sections 116J.993 to 116J.995, as amended and any successor statute)(the"Business Subsidy Act"). (a) The Borrower acknowledges and agrees that the provisions of the Business Subsidy Act apply to this Agreement, as Borrower is receiving government assistance under the terms of this Agreement. 429068v6 JAE RC 145-670 '] �I�- ► � (1) The subsidy provided to the Borrower includes the Loan in the amount of $550,000 made hereunder which will be used by the Borrower for the Project. (2) The public purposes and goals of the subsidy are to provide additional employment opportunities and increase the tax base in the City and the State. (3) The goals for the subsidy are to retain the Borrower as a Minnesota based business and create jobs that pay a livable wage, per Section 7.1(b)hereof. (4) If the goals are not satisfied, the Borrower shall make payment to the City as required in Section 4.4 hereof and repay the Loan as required in Section 7.1(b)hereof. (5) The subsidy is needed to induce the Borrower to relocate its operations to Minnesota and enhance job and tax base in the City and the State. Without the subsidy provided pursuant to this Agreement and other subsidies provided to the Borrower, the development of a new business in Minnesota by the Borrower would be economically infeasible. {6) The Borrower or its parent corporation must continue operations at the Facility for at least five(5)years following the Benefit Date. (7) The Borrower does have a parent corporation. Name: Delta Air Lines,Inc. Address: 1030 Delta Boulevard,Dept. 982,Atlanta,GA 30354 (8) In addition to the assistance provided under this Agreement, the Borrower has received or expects to receive with respect to its new business, the following financial assistance from other"grantors"as defined in the Business Subsidy Act: None. (b) By no later than June 26, 2015 (the Compliance Date),and continuing through at least the Compliance Date,the Borrower shall create and maintain 200 new permanent, full-time equivalent jobs at the Facility located on the Development Property. The 200 new jobs described in this section (the "New Jobs") must pay a wage of at least $13.46 per hour, exclusive of benefits. If the Borrower fails to meet and maintain the job creation goal and wage level commitment through the Compliance Date, the City will be required to return all or a proportional share of the Grant to the Grantor Agency. (c) The parties confirm that as of the date of this Agreement, the Borrower has provided evidence satisfactory to the City that at least 200 jobs have been created at the required wages set forth in Section 7.1(b). The Borrower agrees to maintain at least 200 jobs at the required wages set forth in Section 7.1(b)until at least June 26,2015. (d) If the Borrower or its parent company fails to operate the Facility for at least five years following the Benefit Date as required by Section 7.1(a)(6), the Borrower will be required to return a proportional share of the Grant to the City so that it can be returned to the Grantor Agency. Such repayment shall be calculated as the ratio of 60 less the number of months of operation of the Facility by the Borrower or its parent company (where any month in which the facility is in operation for at least 15 days constitutes a month of operation), commencing on the date of the certificate of occupancy and ending with the date the Facility ceases operation as determined by the City, divided by 60 and multiplied by the amount of the Loan($550,000). (e) If the Borrower fails to maintain the jobs and wage goals set forth in Section 7.1(b) at least through June 26, 2015, the Borrower will be required to return a proportional share of the Grant to 429068v6 JAE RC 145-670 g � c- ► � the Grantor so that it can be returned to the Grantor Agency. Such repayment shall be calculated as the ratio of the jobs required to be maintained by Borrower through June 26, 2015, less the jobs maintained by Borrower or its parent company through such date, divided by the jobs required and multiplied by the amount of the Loan ($550,000). Provided, however, that the amounts paid by the Borrower to the Grantor pursuant to Sections 7.1(d)and(e)shall in no event exceed the amount of the Loan. Section 7.2. Reporting, The Borrower shall provide to the City information regarding job and wage goals and results for five(5)years after the Benefit Date or until all of the goals set forth in Section 7.1 are met, whichever is later. If the goals are not met, the Borrower must continue to provide information on the Loan until the Loan is repaid. If the report is not submitted by March 1,the City shall mail the Borrower a warning within one (1) week of the required filing date. If, after fourteen (14) days of the postmarked date of the warning, the Borrower fails to provide a report, the Borrower must pay to the City a penalty of$100 for each subsequent day until the report is filed. The maximum penalty shall not exceed$1,000. Reporting Documentation includes the following: (a) The type,public purpose, and amount of the subsidy; (b) The hourly wage of each job created with separate bands of wages; (c) The sum of the hourly wages and cost of benefits; (d) The date the job and wage goals will be reached; (e) A statement of goals identified in the subsidy agreement and an update on achievement of those goals; (� The location of the recipient prior to receiving the business subsidy; (g) If the recipient was previously located in another site in Minnesota, the reason that the project was completed on this site; (h) If the company has a parent corporation,the name and address; (i) A list of all financial assistance by all grantors for the project; and (j) Other information the City may request. ARTICLE 8 First Source Emplovment A�reement Section 8.1. First Source Employment Referral A�reement. Pursuant to Minnesota Statutes, Section 116L.66 and any successor statutes, the Borrower shall list any vacant or new positions with the local Workforce Development Center. ARTICLE 9 429068v6 JAE RC145-670 9 � C - Ig Provision of Monitorin�Information Related To Project Pro�ress Section 9.1. Provision of Progress Information. The Borrower shall provide to the City information for incorporation into progress reports, as required by the Grantor Agency and as needed by the City, to monitor Project implementation for compliance with City and local guidelines. ARTICLE 10 ' Nondiscrimination Section 10.1. Nondiscrimination. The provisions of Minnesota Statutes, Section 181.59, relating to civil rights and discrimination, shall be considered a part of this Agreement as though wholly set forth herein and the Borrower shall comply with each such proyision throughout the term of this Agreement. ARTICLE ll Borrower's Acknowled�ments,Renresentation,and Warranties Section 11.1. Acknowled ments. (a) The Borrower acknowledges that the City, in order to obtain funds for part of the City's activities in connection with the Project, has applied for the MIF Grant to the Grantor Agency under the Minnesota Investment Fund Program, Business and Community Development Division, and that the City has entered into the Grant Agreement with the Grantor Agency, setting forth the terms, conditions, and requirements of the MIF Grant. The Borrower further acknowledges that it has made certain representations and statements in the Grant Application concerning its activities relating to the Project, and that the Borrower is designated and identified under the Grant Agreement. (b) A copy of the Grant Agreement shall be on file in the offices of the City. In the event any provision of this Agreement relating to the Borrower's obligations hereunder is inconsistent with the provisions of the Grant Agreement relating to the Borrower's activities there under, the provisions of the Grant Agreement shall prevail. (c) The Borrower acknowledges that nothing contained in the Grant Agreement or this Agreement, nor any act of the Grantor Agency or the City, shall be deemed or construed to create between the Grantor Agency and the Borrower (or, except as Borrower and lender between the City and the Borrower) any relationship, including but not limited to that of third-party beneficiary, principal and agent, limited or general partnership, or joint venture. Section 11.2. Representations and Warranties. The Borrower warrants and represents, in connection with the MIF Grant and for the benefit of the Grantor Agency and the City,that: (a) Representations, statements, and other matters provided by the Borrower relating to those activities of the Facility and the Project to be completed by the Borrower, which were contained in the Grant Application,were true and complete in all material respects as of the date of submission to the City and that such representations, statements, and other matters are true as of the date of this Agreement and that there are no adverse material changes in the financial condition of the Borrower's business since the date of the Grant Application. 429068v6 JAE RC 145-670 I� ��c- �� (b) To the best of the Borrower's knowledge, no member, officer, or employee of the City, or its officers, employees, designees, or agents, no consultant, member of the governing body of the City, and no other public official of the City, who exercises or has exercised any functions or responsibilities with respect to the Project or the Facility during his or her tenure shall have any interest, direct or indirect, in any contract or subcontract, or the proceeds thereof, for work to be performed in connection with the Facility or the Project or in any activity, or benefit there from,which is part of the Facility or the Project. (c) The Borrower acknowledges that the Grantor Agency, in selecting the City as recipient of the Grant, relied in material part upon the assured completion of the Facility or the Project to be carried out by the Borrower, and the Borrower warrants that said Project will be carried out as promised. (d) The Borrower warrants that to the best of its knowledge, it has obtained all federal, State, and local governmental approvals,reviews,and permits required by law to be obtained in connection with the Facility and the Project and has undertaken and completed all actions necessary for it to lawfully execute this Agreement as binding upon it. (e) The Borrower warrants that it shall keep and maintain books, records, and other documents relating directly to the Leveraged Funds, and that any duly authorized representative of the Grantor Agency shall, at all reasonable times, have access to and the right to inspect, copy, audit, and examine all such books, records, and other documents of the Borrower until such time that the City and the Grantor Agency have both determined that all issues, requirements, and close-out procedures relating to or arising out of the MIF Grant have been settled and completed. (fj The Borrower warrants that no transfer of any or all of the Loan Proceeds by the City to the Borrower shall be or be deemed an assignment of Loan Proceeds, and the Borrower shall neither succeed to any rights, benefits, or advantages of the City under the Grant Agreement, nor attain any right, privileges, authorities, or interest in or under the Grant Agreement. (g) The Borrower warrants that it has fully complied with all applicable local, State, and federal laws pertaining to its business and will continue such compliance throughout the terms of this Agreement. If at any time notice of noncompliance is received by the Borrower, the Borrower agrees to take any necessary action to comply with the local, State, or federal law in question. 429068v6 JAE RC145-670 11 �-{��-�� ARTICLE 12 Immi�ration Reform and Control Act of 1986,as Amended Section 12.1. Immigration Reform and Control Act of 1986, as Amended. The Borrower acknowledges that it has registered and is participating with the E-Verify system through the Department of Homeland Security. All new employees hired after February 1,2008, shall have been determined to be eligible for employment in the United States by the E-Verify system. The Borrower shall report to the City on compliance with the Immigration Reform and Control Act of 1986, as amended throughout the term of the Loan. If it is determined that the Borrower is not in compliance with the Immigration Reform and Control Act of 1986, as amended, or knowingly employs persons in violation of the United States immigration laws, or have not begun or implemented the E-Verify program, the Borrower will be found in default of this Agreement. ARTICLE 13 Other Special Conditions Section 13.1. Antitrust. The Borrower hereby assigns to the State any and all claims for overcharges as to goods and services provided in connection with this Agreement resulting from antitrust violations that arise under the antitrust laws of the United States or the antitrust laws of the State. Section 13.2. Workers Compensation Insurance. The Borrower has obtained workers' compensation insurance as required by Minnesota Statutes, Section 176.181, subd. 2. The Borrower's workers' compensation insurance information is as follows: (a) Company Name: Chubb Indemnity Insurance Company (b) Policy Number: 9915-4514 (c) Local Agent: Marsh USA Section 13.3. Business with the State of Minnesota; State Tax Laws. The Borrower is required by Minnesota law to provide its Minnesota tax identification number if•it does business with the State. This information may be used in the enforcement of Federal and State tax laws. Supplying these numbers could result in an action to require the Borrower to file State tax returns and pay delinquent State tax liabilities. This Agreement will not be approved unless these numbers are provided. These numbers will be available to Federal and State tax authorities and State personnel involved in the payment of State obligations. Minnesota Tax ID: 3492893 (withholdin�and sales taY� Federal Employer ID: 58-1605378 Section 13.4. Grant Closeout. The Borrower shall, prior to grant closeout from the Grantor Agency, provide the City with all documentation necessary to demonstrate that the Loan has been used for the items and purposes set forth in the Grant Application. 429068v6 JAE RC145-670 12 ��! V ' � - ��, Section 13.5. Review of Documents. The Borrower shall not be entitled to any disbursement of Loan proceeds until the City's legal counsel and the Grantor Agency have reviewed and approved this Agreement and the e�ibits attached hereto. Section 13.6. Effect on Other Agreements. Nothing in this Agreement shall be construed to modify any term of any other agreement to which the City and the Borrower are parties. Section 13.7. Release and Indemnification Covenants. Except for any breach of the representations and warranties of the City or the negligence or other wrongful act or omission of the following named parties, the Borrower agrees to protect and defend the City and the governing body members, officers, agents, servants, and employees thereof, now and forever, and further agrees to hold the aforesaid harmless from any claim, demand, suit, action, or other proceeding whatsoever by any person or entity whatsoever arising or purportedly arising from the acquisition, construction, installation, ownership, maintenance, and operation of the Project and the Borrower's activities on the Development Property. Section 13.8. Modifications. This Agreement may be modified solely through written amendments hereto executed by the Borrower and the City and approved by the Grantor Agency. Section 13.9. Notices and Demands. Any notice, demand, or other communication under this Agreement by either party to the other shall be sufficiently given or delivered only if it is dispatched by registered or certified mail,postage prepaid,return receipt requested, or delivered personally: (a) as to the City: City of Richfield,Minnesota 6700 Portland Avenue Richfield,MN 55423 Attention: City Manager (b) as to the Borrower: Endeavor Air,Inc. 7500 Airline Drive M.S. 14P Minneapolis,MN 55450-1101 Attention: Chief Financial Officer (c) as to the Guarantor: Delta Air Lines Department 877 � 1030 Delta Blvd. Atlanta, GA 30320 Attention: Vice President—Corporate Real Estate or at such other address with respect to any party as that parly may, from time to time, designate in writing and forward to the others as provided in this Section 13.9. Section 13.10. Conflict of Interests: Representatives Not Individually Liable. No officer or employee of the City may acquire any financial interest, direct or indirect, in this Agreement,the Facility, the Project, the Development Property or in any contract related thereto. No officer, agent, or employee of the City shall be personally liable to the Borrower or any successor in interest in the event of any default or breach by the City or for any amount that may become due to the Borrower or on any obligation or term of this Agreement. Section 13.11. Bindin E�. The covenants and agreements in this Agreement shall bind and 429068v6 JAE RC145-670 13 � ��a� � benefit the heirs, executors,administrators, successors,and assigns of the parties to this Agreement. Section 13.12. Provisions Not Merged With Deed. None of the provisions of this Agreement are intended to or shall be merged by reason of any deed transferring any interest in the Development Property and any such deed shall not be deemed to affect or impair the provisions and covenants of this Agreement. Section 13.13. Titles of Articles and Sections. Any titles of the several parts, articles, and sections of this Agreement are inserted only for convenience of reference and shall be disregarded in construing or interpreting any of its provisions. Section 13.14. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall constitute one and the same instrument. Section 13.15. Choice of Law and Venue. This Agreement shall be governed by and construed in accordance with the laws of the State without regard to its conflict of laws provisions. Any disputes, controversies, or claims arising out of this Agreement shall be heard in the state or federal courts of Minnesota, and all parties to this Agreement waive any objection to the jurisdiction of these courts, whether based on convenience or otherwise. Section 13.16. Waiver. The failure or delay of any party to take any action or assert any right or remedy, or the partial exercise by any parly of any right or remedy shall not be deemed to be a waiver of such action, right, or remedy if the circumstances creating such action, right, or remedy continue or repeat. Section 13.17. Entire Agreement. This Agreement, with the e�ibits hereto, constitutes the entire agreement between the parties pertaining to its subject matter and it supersedes all prior contemporaneous agreements, representations, and understandings of the parties pertaining to the subject matter of this Agreement. Section 13.18. Separabilitv. Wherever possible, each provision of this Agreement and each related document shall be interpreted so that it is valid under applicable law. If any provision of this Agreement or any related document is to any extent found invalid by a court or other governmental entity of competent jurisdiction, that provision shall be ineffective only to the extent of such invalidity, without invalidating the remainder of such provision or the remaining provisions of this Agreement or any other related document. Section 13.19. Immuni . Nothing in this Agreement shall be construed as a waiver by the City of any immunities, defenses, or other limitations on liability to which the City is entitled by law, including but not limited to the maximum monetary limits on liability established by Minnesota Statutes, Chapter 466. 429068v6 JAE RC145-670 14 �C- � IN WITNESS WHEREOF, the City and the Borrower have caused this Agreement for Loan of Minnesota Investment Fund—Forgivable Loan to be duly executed in their respective name and behalf as of the date first above written. , CITY OF RIGHFIELD,MINNESOTA BY Its Mayor By Its City Manager S-1 429068v6 JAE RC 145-670 � c- a� Execution page of the Borrower to the Agreement for Loan of Minnesota Investment Fund — Forgivable Loan,dated as of the date first above written. ENDEAVOR AIR,INC. By Its By Its S-2 429068v6 JAE RC145-670 �c- a� EXHIBIT A DEPICTION OF DEVELOPMENT PROPERTY A-1 429068v6 JAE RC145-670 �� -a� PROMISSORY NOTE $550,000 September 24,2013 ENDEAVOR AIR, INC., a Georgia corporation (the "Maker"), for value received, hereby promises to pay to the CITY OF RICHFIELD, MINNESOTA (the "City"), or its assigns (the City and any assigns are hereinafter referred to as the "Holder"), at its designated principal office or such other place as the Holder may designate in writing, the principal sum of Five Hundred Fifty Thousand and no/100ths Dollars ($550,000) or so much thereof as may be advanced under this Note, with interest as hereinafter provided, in any coin or currency which at the time or times of payment is legal tender for the payment of private debts in the United States of America. The principal of this Note is payable in installments due as follows: 1. The Loan shall be forgiven by the City upon satisfaction by the Maker of the terms of the Business Subsidy Agreement set forth in Section 7.1 of the Agreement for Loan of Minnesota Investment Fund—Forgivable Loan of even date herewith (the"Loan Agreement"),between the City and the Maker. 2. If all or a portion of the Loan is not forgiven, the portion of the Loan that must be repaid shall bear interest at a rate of four percent (4.0%)per annum and interest shall commence to accrue as of the first day of the first month following a default by the Maker with respect to the Business Subsidy Agreement. Payments of principal and interest shall commence on the first day of the first month following a default by the Borrower with respect to the Busiriess Subsidy Agreement and shall continue on the first day of each and every month thereafter until paid in full. Such payments shall fully amortize the Loan over one (1) year; provided, however, the entire remaining unpaid balance of principal and interest shall be due and payable in full on the first day of the thirteenth (13th) month following such default. 3. The Maker shall have the right to prepay the principal of this Note, in whole or in part, without prepayment penalty. 4. This Note is given pursuant to the Loan Agreement and is secured by a Guaranty Agreement of even date herewith (the "Guaranty"), executed by Delta Air Lines, Inc. for the benefit of the City or by a Replacement Guaranty meeting the requirements of the Loan Agreement. In the event any such security is found to be invalid far whatever reason, such invalidity shall constitute an event of default hereunder. All of the agreements, conditions, covenants, provisions, and stipulations contained in the Loan Agreement, or any instrument securing this Note are hereby made a part of this Note to the same extent and with the same force and effect as if they were fully set forth herein. It is agreed that time is of the essence of this Note. If a default occurs under the Loan Agreement, or any instrument securing this Note, then the Holder of this Note may at its right and option, without notice, declare immediately due and payable the principal balance of this Note, together with any costs of collection including attorneys' fees incurred by the Holder of this Note in collecting or enforcing payment hereof, whether suit be brought or not, and all other sums due hereunder, or under any instrument securing this Note. The Maker agrees that the Holder of this Note may,without notice to the Maker of this Note and without affecting the liability of the Maker of this Note, accept additional or substitute security for this Note, or release any security or any party liable for this Note or extend or renew this Note. 5. The remedies of the Holder of this Note as provided herein, and in the Loan Agreement, or any other instrument securing this Note, shall be cumulative and concurrent and may be pursued singly, successively, or together, and, at the sole discretion of the Holder of this Note, may be exercised 429072v4 JAE RC145-670 1 �c- a� as often as occasion therefore shall occur; and the failure to exercise any such right or remedy shall in no event be construed as a waiver or release thereof. The Holder of this Note shall not be deemed, by any act of omission or commission, to have waived any of its rights or remedies hereunder unless such waiver is in writing and signed by the Holder of this Note and then only to the extent specifically set forth in the writing. A waiver with reference to one event shall not be construed as continuing or as a bar to or waiver of any right or remedy as to a subsequent event. This Note may not be amended, modified, or changed except only by an instrument in writing signed by the party against whom enforcement of any such amendment, modifications, or change is sought. 6. This Note shall be governed by and construed in accordance with the laws of the State of Minnesota without regard to its conflict of laws provisions. Any disputes, controversies, or claims arising out of this Note shall be heard in the state or federal courts of Minnesota, and all parties to this Note waive any objection to the jurisdiction of these courts,whether based on convenience or otherwise. 7. The headings used in this Note are solely for convenience of reference, are no part of this Note, and are not to be considered in construing or interpreting this Note. 8. This Note, with the Guaranty Agreement and any other instruments or documents given , as security for the loan (collectively, the "Loan Documents"), constitutes the entire Note between the parties pertaining to its subject matter and it supercedes all prior contemporaneous Notes, representations, and understandings of the parties pertaining to the subject matter of this Note. 9. Wherever possible, each provision of this Note and each related document shall be interpreted so that it is valid under applicable law. If any provision of the Loan Agr.eement or any related document is to any extent found invalid by a court or other governmental entity of competent jurisdiction, that provision shall be ineffective only to the extent of such invalidity, without invalidating the remainder of such provision or the remaining provisions of this Note or any other related document. IT IS HEREBY CERTIFIED AND RECITED that all conditions, acts, and things required to exist, happen, and be performed precedent to or in the issuance of this No"te do exist, have happened, and have been performed in regular and due form as required by law. (The remainder of this page is intentionally left blank.) 429072v4 JAE RC145-670 2 �c-a� IN WITNESS WHEREOF, the Maker has caused this Note to be duly executed as of the_day of , 2013. ENDEAVOR AIR,INC. By Its By Its 429072v4 JAE RC145-670 S-I �c- a� GUARANTY AGREEMENT This Guaranty Agreement(the"Guaranty")is made and entered into this 24th day of September,2013, by DELTA AIR LINES, INC. (the "Guarantor"), a Delawat�e corparation, for the benefit of the CITY OF RICHFIELD,MINNESOTA,a municipal corparation under the laws ofthe state ofMinnesota(the"Lender"). WITNESSETH: WHEREAS,Endeavor Air,Inc.,a Georgia corporation(the`Borrower"),proposes to borrow the sum of Five Hundred Fifty Thousand and no/100ths Dollars($550,000)(the"Loan")from the Lender in order to finance the renovation of a facility located on certain real property identified in the Loan Agreement (as hereinafter defined)for use as corporate headquarters for the Borrower(the"Project");and WHEREAS,pursuant to the Agreement for Loan of Minnesota Investment Fund—Forgivable Loan of even date herewith(the"Loan Agreement")between the Borrower and the Lender,the Loan provided by the Lender to the Borrower shall be considered a forgivable loan provided that the Borrower complies with the Business Subsidy Agreement set forth in Section 7.1 of the Loan Agreement; and WHEREAS,the Borrower's payment obligations under the Loan Agreement will be evidenced by a promissory note of even date herewith(the"Note"); and WHEREAS,to secure payment of the Note,the Lender has required,and Guarantor have agreed to provide, a guaranty of the indebtedness above described between Borrower and Lender; and WHEREAS,the Guarantor will receive a direct financial benefit from the loan to Borrower by the Lender pursuant to the Note. NOW,THEREFORE,to induce lender to make the loan to Borrower,Guarantor hereby covenants and agrees with Lender, for the benefit of all who at any time become holders of the Note, as follows: 1. The Guarantor hereby unconditionally guarantees to Lender for the benefit of the Holder(as defined in the Note) from time to time of the Note: (a)the full and prompt payment of the principal of the Note when and as the same shall become due, whether at the stated maturity thereof, by acceleration or otherwise;(b)the full and prompt payment of any interest on the Note when and as the same shall become due; and(c)any other amounts due Lender under the Loan Agreement and the Note. All payments shall be paid in lawful money of the United States of America. Each and every default in payment of the principal of or interest on the Note shall give rise to a separate cause of action hereunder,and separate suits may be brought hereunder as each cause of action arises. 2. Unless and until this Guaranty is replaced by a Replacement Guaranty as permitted under Section 4.3 of the Loan Agreement,the obligations ofthe Guarantor under this Guaranty shall be absolute and unconditional and shall remain in full force and effect until the entire principal of and interest on the Note shall have been paid, and such obligations shall not be affected, modified, or impaired upon the happening from time to time of any event, including,without limitation, any of the following: (a) The promise, settlement, or release of less than all of the obligations, covenants,or agreements of Borrower under the Loan Agreement or the Note, or any other guarantor of the Borrower's obligations, covenants, or agreements under the Loan Agreement or the Note; 429073v4 JAE RC145-670 ] �c�3� (b) The failure to give notice to any person of the occurrence of an event of default under the terms and provisions of this Guaranty or the Note executed by Borrower; (c) The extension of the time for payment of principal or interest on the Note or under this Guaranty; (d) Any failure, omission, delay, or lack on the part of Lender to enforce, assert or ' ex�rcise any right,power,or remedy conferred on Lender in this Guaranty,an Additional Guaranty,or other instruments execute and delivered in connection with the loan contemplated thereby, or any other act or acts on the part of Lender or any of the holders from time to time of the Note; or (e) The default or failure of the Guarantor to perform any of the obligations set forth in this Guaranty. 3. No set-off, counterclaim, reduction, or diminution of any obligation, or any defense,of any kind or nature that the Borrower has or may have the Lender shall be available hereunder to the Guarantor against the Lender. 4. In the event of a default by the Borrower under the Loan Agreement or the Note,the Lender may proceed hereunder,and the Lender,in its sole discretion,shall have the right to proceed first and directly against the Guarantor without proceeding against or e�austing any other remedies it may ha�e as to Borrower. 5. The Guarantor hereby expressly waives notice from the Lender or the holders from time to time of the Note of acceptance of or any reliance upon this Guaranty. The Guarantor agrees to pay all the costs, expenses, and fees, including attorneys' fees, which may be incurred by the Lender in enforcing or attempting to enforce this Guaranty whether the same shall be enforced by suit or otherwise. 6. This Guaranty is entered into by the Guarantor with the Lender for the benefit of the Lender and the holders from time to time of the Note, all of whom shall be entitled to enforce performance and observance of this Guaranty. 7. The Guarantor is duly authorized and empowered to execute, deliver, and perform this Agreement and to borrow money from the Lender. 8. The performance or observance of any promise or condition set forth in this Guaranty may be waived, amended, or modified only by a writing signed by the Guarantor and the Lender. No delay in the exercise of any power;right,or remedy operates,as a waiver thereof,not shall any single or partial exercise of any other power, right, or remedy. 9. This Guaranty is made and shall be governed in all respects by the laws of the State of Minnesota. Any disputes, controversies, or claims arising out of this Guaranty shall be heard in the state or federal courts of Minnesota, and all parties to this Guaranty waive any objection to the jurisdiction of these courts, whether based on convenience or otherwise. 10. If any provision or application of this Guaranty is held unlawful or unenfarceable shall not affect other provisions or applications that can be given effect, and this Guaranty shall be construed as if the unlawful or unenforceable provision or application had never been contained herein or prescribed hereby. 429073v4 JAE RC145-670 2 �c� 31 1 l. All notices required hereunder shall be given by depositing in the U.S.mail,postage prepaid, certified mail,return receipt requested,to the following addresses(or such other addresses as either party may notify the other): To the Guarantor: Delta Air Lines,Inc. Department 877 1030 Delta Blvd. Atlanta,GA 30320 Attention: Vice President-Corporate Real Estate To Lender: City of Richfield,Minnesota 6700 Portland Avenue Richfield,MN 55423 Attention: Finance Manager 12. This Guaranty constitutes the complete and exclusive statement of all mutual understandings between the parties with respect to this Guaranty, superseding all prior or contemporaneous proposals, communications, and understandings, whether oral or written, concerning the Guaranty. Nothing contained herein shall effect or impair Lender's rights under the Loan Agreement or the Note. 13. Notwithstanding anything to the contrary contained in this Guaranty,this Guaranty shall be null and void and of no further effect,without further action or consent from Lender,upon replacement of this Guaranty by a Replacement Guaranty complying with the requirements of Section 4.3 ofthe Loan Agreement. (The remainder of this page is intentionally left blank.) 429073v4 JAE RC145-670 3 �c�3� IN WITNESS WHEREOF,the Guarantor has caused this Guaranty to be executed as ofthe date first above written. DELTA AIR LINES,INC. By: Printed Name: 429073v4 JAE RC145-670 S-1 AGENDA SECTION: CONSENT AGENDA ITEM# 4D REPORT# 189 STAFF REPORT �� s ' � `' CITY COUNCIL MEETING , SEPTEMBER 24, 2013 REPORT PREPARED BY: BETSY OSBORN, SUPPORT SERVICES MANAGER r;,Tnt,t: DEPARTMENT DIRECTOR REVIEW: � - S/GNATI/Kli OTHER DEPARTMENT REVIEW: � N/A SlGNA%' REVIEWED BY CITY MANAGER: i� ' � ITEM FOR COUNCIL CONSIDERATION: Consideration of a request for a Temporary On-Sale 3.2 Percent Malt Liquor license for American Legion, 6501 Portland Ave South, for the Magicians Hockey Tent Party event to be held September 28, 2013. I. RECOMMENDED ACTION: By Motion: Approve the request by the American Legion for a Temporary On-Sale 3.2 Percent Malt Liquor license for the Magicians Hockey Tent Party event scheduled to take place on September 28, 2013. II. EXECUTIVE SUMMARY The American Legion submitted a request for a Temporary On-Sale 3.2 Percent Malt Liquor license for the Magicians Hockey Tent Party event to be held on September 28, 2013. The event will be taking place oufside in the parking lot of the American Legion. They will be erecting a temporary tent which has been approved by the Richfield Fire Department. 092413 Magicians Hockey Tent Partyxxx This request is to serve 3.2 percent malt liquor only, along with food, and would be available on Saturday, September 28, 2013 from 5 pm — 9 pm. All required information and documents have been provided. All licensing fees have been paid. III. BASIS OF RECOMMENDATION A. BACKGROUND • On September 10, 2013, American Legion submitted a request for a , Temporary On-Sale 3.2 Percent Malt Liquor license for the Magicians Hockey Tent party event to be held on September 28, 2013. • The event will be taking place outside in the parking lot of American Legion. • They will be erecting a temporary tent which has been approved by the Richfield Fire Department. • A written narrative has been received from the American Legion addressing how they will have a system in place to assure underage youth will not be able to access alcohol from the beer tent or from another legally aged patron. • All required licensing fees have been received. • The event will take place from 5:00 pm — 9:00 pm. • They plan to serve hot dogs and hamburgers. • Proof of liquor liability insurance has been submitted showing Integrity Mutual Insurance Company affording the coverage. B. POLICY • Richfield City Code Section 1202 requires applicants of Temporary On-Sale 3.2 Percent Malt Liquor licenses to comply with all of the provisions of both City Code and State Statutes. C. CRITICAL TIMING ISSUES • Service of 3.2 percent malt liquor will be allowed only during the specified time of 5:00 pm — 9:00 pm on September 28, 2013. D. FINANCIAL • The required licensing fees have been received. E. LEGAL • N/A F. ENVIRONMENTAL CONSIDERATIONS • N/A IV. ALTERNATNE RECOMMENDATION�S� • Deny the request for a Temporary On-Sale 3.2 Percent Malt Liquor license for the American Legion. This would mean that the applicant would not be able to serve 3.2 malt liquor at this event. However, the Public Safety Department has not found any basis for a denial. V. ATTACHMENTS • N/A VI. PRINCIPAL PARTIES EXPECTED AT MEETING • American Legion staff have been notified of the date of this meeting. AGENDA SECTION: CONSENT AGENDA ITEM# 4E REPORT# 190 STAFF REPORT �� t ' f' CITY COUNCIL MEETING SEPTEMBER 24, 2013 REPORT PREPARED BY: BETSY OSBORN, SUPPORT SERVICES MANAGER NAMG, TI"l'L!s DEPARTMENT DIRECTOR REVIEW: � SIGNATU2E OTHER DEPARTMENT REVIEW: � N/A � S/GNA%'U i . i i REVIEWED BY CITY NIANAGER: ' � - � �_Q � �1 ITEM FOR COUNCIL CONSIDERATION: Consideration of a request for a Temporary On-Sale Intoxicating Liquor license for the Church of St. Peter, 6730 Nicollet Ave S., for their annual Fall Festival to be held October 4tn, 5th and 6t", 2013. I. RECOMMENDED ACTION: By Motion: Approve the request by the Church of St. Peter for a Temporary On-Sale Intoxicating Liquor license for their annual Fall Festival scheduled to take place October 4tn, 5tn and 6t", 2013. II. EXECUTIVE SUMMARY The Church of St. Peter submitted a request for a Temporary On-Sale Intoxicating Liquor license for their annual Fall Festival event to be held on October 4tn 5tn and 6th, 2013. , This request is to serve wine and 3.2 percent malt liquor only and would be available on Friday, October 4t" from 5:30 — 10:00 pm and Saturday, October 5tn from 10:00 am to 7:00 pm. All required information and documents have been provided. All licensing fees have been paid. 092413 Church of St. Peter Fall Festivalxxx III. BASIS OF RECOMMENDATION A. BACKGROUND On August 20, 2013, the Church of St. Peter submitted a request for a Temporary On-Sale Intoxicating Liquor license for their annual Fall Festival. The event will take place from 5:30 pm to 10:00 pm on Friday, October 4th, 10:00 am to 7:00 pm on Saturday, October 5t", and 12:00 pm to 2:00 pm on Sunday, October 6th, 2013. Service of wine and 3.2 percent malt liquor will be available on Friday, October 4t"from 5:30 - 10:00 pm and Saturday, October 5t", from 10:00 am to 7:00 pm, 2013 only. They plan to serve salad, turkey, rolls, muffins, coffee cake, brats, hot dogs, sloppy joes, pies, ice cream and chips. The City has previously granted this license to The Church of St. Peter for their annual Fall Festival event. B. PoLICY • Richfield City Code Section 1202 requires applicants of Temporary On-Sale Intoxicating Liquor licenses to comply with all of the provisions of both City Code and State Statutes. C. C�`rICAL T�IvinvG IssuEs • Service and consumption of wine and 3.2 percent malt liquor will be allowed only at the specified times of Friday, October 4th from 5:30 pm - 10:00 pm and Saturday, October 5th, from 10:00 am to 7:00 pm, 2013 only. In addition, no other intoxicating liquor beverages will be permitted. � D. FnvaNClaL • The required licensing fees have been received. E. LEGAL . The required proof of liquor liability insurance coverage has been submitted showing The Catholic Mutual Society affording the coverage. F. ENVIRONMENTAL CONSIDERATIONS • N/A IV. ALTERNATIVE RECOMMENDATION�S� . Deny the request for a Temporary On-Sale Intoxicating Liquor license for The Church of St. Peter. This would mean that the applicant would not be able to serve wine or 3.2 percent malt liquor at this event. However, the Public Safety Department has not found any basis for a denial. In addition, the Council has previously granted these licenses in conjunction with this event. V. ATTACHMENTS • N/A VI. PRINCIPAL PARTIES EXPECTED AT MEETING • The Church of St. Peter staff have been notified the date of this meeting. AGENDA SECTION: CONSENT AGENDA ITEM# 4F REPORT# 191 STAFF REPORT �` ' �' CITY COUNCIL MEETING e SEPTEMBER 24, 2013 REPORT PREPARED BY: BETSY OSBORN, SUPPORT SERVICES MANAGER Nanri�; Tiit,c DEPARTMENT DIRECTOR REVIEW: SlGNATU2F. OTHER DEPARTMENT REVIEW: � N/A SIGNATU2 REVIEWED BY CITY MANAGER: / ITEM FOR COUNCIL CONSIDERATION: Consideration of a request to approve a Temporary On-Sale Intoxicating Liquor license for the Church of St. Richard, 7540 Penn Ave. S., for their annual Novemberfest to be held November 9tn and 10t", 2013. I. RECOMMENDED ACTION: ' By Motion: Approve the request by the Church of St. Richard for a Temporary On-Sale Intoxicating Liquor license for their Novemberfest event scheduled to take place on November 9t" and 10t", 2013. II. EXECUTIVE SUMMARY The Church of St. Richard submitted a request for a Temporary On-Sale Intoxicating Liquor license for their annual Novemberfest event to be held on November 9t" and 10t", 2013. This request is to serve wine and 3.2 percent malt liquor only, and would be available on November 9t" from 6:00 p.m. to 9:00 p.m. All required information and documents have been provided. All licensing fees have been paid. III. BASIS OF RECOMMENDATION 092413 Church of St. Richard November Fest eventxxx A. BACKGROUND On August 20, 2013, the Church of St. Richard submitted a request for a Temporary On-Sale Intoxicating Liquor license to serve wine and 3.2 percent malt liquor at their annual NovemberFest event. The event will take place from 9:00 am to 9:00 pm on November 9, 2013 and 9:00 am to 1:00 pm on November 10, 2013. Service of wth e and 3.2 percent malt liquor would be available only on I November 9 from 6:00 p.m. to 9:00 p.m. No other intoxicating liquor beverage will be permitted. They plan to serve hot dogs, egg rolls, nachos, spaghetti, garlic bread, apple pie, pancakes and sausage. The city has previously granted this license to the Church of St. Richard for their annual NovemberFest event. B. POLICY • Richfield City Code Section 1202 requires applicants of Temporary On-Sale Intoxicating Liquor licenses to comply with all of the provisions of both City Code and State Statutes. C. CRITICAL TIMING ISSUES . Service of wine and 3.2 percent malt liquor will be allowed only during the specified time of 6:00 pm to 9:00 pm on November 9, 2013. In addition, no other intoxicating liquor beverages will be permitted. D. FnvaNClaL • The required license fees have been received. E. LEGAL . The required proof of liquor liability insurance coverage has been submitted showing The Catholic Mutual Relief Society affording the coverage. F. ENVIRONMENTAL CONSIDERATIONS . N/A IV. ALTERNATIVE RECOMMENDATION(S� • Deny the request for a Temporary On-Sale Intoxicating Liquor license for the Church of St. Richard. This would mean that the applicant would not be able to serve wine or 3.2 percent malt liquor. However, the Public Safety Department has not found any basis for a denial. In addition, the Council has previously granted licenses to the applicant for similar events. V. ATTACHMENTS • N/A VI. PRINCIPAL PARTIES EXPECTED AT MEETING • The Church of St. Richard's staff has been notified of the date of this meeting. �iGENDA SECTION: CONSENT AGENDA ITEM# 4G REPORT# 192 STAFF REPORT ' i CITY COUNCIL MEETING S�PT�MBER 24, 2013 REPORT PREPARED BY: BETSY OSBORN, SUPPORT SERVICES MANAGER NAMI:; 7.1i DEPARTMENT DIRECTOR REVIEW: � ic _ OTHER DEPARTMENT REVIEW: � N/A S/GNATU21i REVIEWED BY CITY MANAGER: . ITEM FOR COUNCIL CONSIDERATION: Consideration of a request for a Temporary On-Sale Intoxicating Liquor license for the Richfield Foundation for their Wine and Cheese Tasting event to be held October 10, 2013. I. RECOMMENDED ACTION: By Motion: Approve the request by the Richfield Foundation for a Temporary On-Sale Intoxicating Liquor license for their Wine and Cheese Tasting event scheduled to take place on October 10, 2013. II. EXECUTIVE SUMMARY The Richfield Foundation is requesting a Temporary On-Sale Intoxicating Liquor license for their Wine and Cheese Tasting event to be held on October 10, 2013. Their plans are to have wine and cheese tasting in the atrium area of Houlihan's Restaurant and Bar, 6601 Lyndale Avenue South. The event will take place from 6:30 p.m. to 9:30 p.m. This request is to serve wine at this event. All required information and documents have been provided. All licensing fees have also been received. III. BASIS OF RECOMMENDATION 081313 Richfield Foundation Wine and Cheese Tasting A. BACKGROUND • On June 27, 2013, the Richfield Foundation submitted a request for a Temporary On-Sale Intoxicating Liquor license for their Wine and Cheese Tasting event to be held on October 10, 2013. All required licensing fees have been received. • The event will take place from 6:30 p.m. to 9:30 p.m. • The applicant has requested a Temporary On-Sale Intoxicating Liquor license to serve wine at this event. They plan to serve Gouda and Eichten's Tilsit cheese varieties. • The required liquor liability insurance coverage has been submitted. • The Richfield Foundation has contacted food sanitarians from the City of Bloomington to ensure that proper food handling practices are followed. B. PoLicv • Richfield City Code Section 1202 requires applicants of Temporary On-Sale Intoxicating Liquor licenses to comply with all of the provisions of both City Codes and State Statutes. C. CRITICAL TIMING ISSUES • Service of wine will be allowed only during the specified time of 6:30 p.m. to 9:30 p.m. on October 10t" D. F�vaNC1aL • The required licensing fees have been received. E. LE�AL • N/A F. ENVIRONMENTAL CONSIDERATIONS • N/A IV. ALTERNATIVE RECOMMENDATION�S� • Deny the request for a Temporary On-Sale Intoxicating Liquor license for the Richfield Foundation. This would mean that the applicant would not be able to serve wine at this event. However, the Public Safety Department has not found any basis for a deniaL V. ATTACHMENTS • N/A VI. PRINCIPAL PARTIES EXPECTED AT MEETING • Richfield Foundation staff have been notified of the date of this meeting. AGENDA SECTION: CONSENT AGENDA ITEM# 4H REPORT# 193 STAFF REPORT r� r ' f' CITY COUNCIL MEETING S�PTEMB�R 24, 2013 REPORT PREPARED BY: TODD SANDELL, DIRECTOR OF PUBLIC SAFETY/CHIEF OF POLICE NAML;, T(lZ.E DEPARTMENT DIRECTOR REVIEW: � s�cN ruac OTHER DEPARTMENT REVIEW: � N/ ,, �` Sic u�rt: / / REVIEWED BY CITY MANAGER: �� ITEM FOR COUNCIL CONSIDERATION: Consideration of the contract for membership with the MN Internet Crimes Against Children (ICAC) Task Force for 2013/2014 to receive federal grant funding for Public Safety/Police. I. RECOMMENDED ACTION: By Motion: Approve the contract for 2013/2014 for the attached contract between the City of Richfield and the MN Internet Crimes Against Children (ICAC) Task Force to receive federal funding for Public Safety/Police. II. EXECUTIVE SUMMARY The ICAC Program is a national network of 61 coordinated task forces representing over 3,000 federal, state and local law enforcement and prosecutorial agencies. These agencies are engaged in proactive investigations, forensic investigations, and criminal prosecutions. The ICAC task force was created to help Federal, State and local agencies enhance their investigative responses to offenders who use the Internet, online communications systems, or computer technology to sexually exploit children. The Program is funded by the United States Department of Justice, Office of Juvenile Justice and Delinquency Prevention. The grant is administered by the Office of 092413 MN ICAC Contractxxx Justice Program's (OJP) Grants Management System. Member agencies submit their funding requests to this system. III. BASIS OF RECOMMENDATION ! A. BACKGROUND • This is the first time the Richfield Police Department will participate in this program. • The length of the grant is one year. • Each member agency will receive funding based on their needs. There is no predetermined amount each member agency will receive. B. PoLicY • Public Safety 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 Public Safety for training and 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 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 • N/A D. Fn�aNC1aL • The total amount of the grant to MN ICAC is $347,101, and is to be divided up amongst approximately 100 law enforcement agencies. E. LEGAL • N/A F. ENVIRONMENTAL CONSIDERATIONS • N/A IV. ALTERNATIVE RECOMMENDATION S • Council could disapprove of signing the contract preventing membership in the MN ICAC Task Force and making the grant money unavailable to the Department of Public Safety/Police Department. V. ATTACHMENTS • Resolution • Joint Powers Agreement from the State of MN. VI. PRINCIPAL PARTIES EXPECTED AT MEETING • N/A �-H- i RESOLUTION NO. RESOLUTION AUTHORIZING THE DEPARTMENT OF PUBLIC SAFETY/POLICE TO BECOME A MEMBER OF THE MINNESOTA INTERNET CRIMES AGAINST CHILDREN TASK FORCE (ICAC) AND TO RECEIVE FEDERAL FUNDING FROM THE OFFICE OF JUSTICE PROGRAMS TO ASSIST IN THE PREVENTION, INTERDICTION, INVESTIGATION AND PROSECUTION OF INTERNET CRIMES AGAINST CHILDREN AND TECHNOLOGY FACILITATED CHILD EXPLOITATION WHEREAS, Richfield Police has been invited by the Minnesota Crimes Against Children Task force (ICAC) to join with approximately 100 other law enforcement agencies in the State of Minnesota to protect children from exploitation by on-line sexual �I predators; and WHEREAS, Richfield has agreed that the Office of Justice will administer the grant and approve all funding; and WHEREAS, Richfield has agreed to the stipulations of the Joint Powers Agreement (JPA). NOW, THEREFORE, BE IT RESOLVED that the City of Richfield, Public Safety Department will accept funds designated for police programs and equipment in accordance to and as listed above. Adopted by the City Council of the City of Richfield, Minnesota this 24t" day of September, 2013 . Debbie Goettel, Mayor ATTEST: Nancy Gibbs, City Clerk � �J, � Contract No. 62811 rJ Minnesota Internet Crimes Against Children Task Force Multi-Agency Law Enforcement Joint Powers Agreement This Multi-Agency Law Enforcement Joint Powers Agreement, and amendments and supplements thereto, ("Agreement") is between the State of Minnesota, acting through its Commissioner of Public Safety, Bureau of Criminal Apprehension ("Urantee"), empowered to enter into this Agreement pursuant to Minn. Stat. § 471.59, Subd. 10 & 12, and Cit,� Richfield, acting through its Richfield Police D�artment located at 6700 Portland Ave South, Richfield, 55423. ("Undersigned Law Enforcement Agency"), empowered to enter into this Agreement pursuant to Minn. Stat. § 471.59, subd. 10, Whereas, the above subscribed parties have joined together in a multi-agency task force intended to investigate and prosecute crimes committed against children and the criminal exploitation of children that is committed and/or facilitated by or through the use of computers, and to disrupt and dismantle organizations engaging in such activity; and Whereas,the undersigned agencies agree to utilize applicable state and federal laws to prosecute criminal, civil, and forfeiture actions against identified violators, as appropriate; and Whereas,the Grantee is the recipient of a federal grant(attached to this Agreement as Exhibit A) disbursed by the Office of Juvenile Justice and Delinquency Prevention ("OJJDP") in Washington, D.C. to assist law enforcement in investigating and combating the exploitation of children which occurs through the use of computers by providing funding for equipment, training, and expenses, including travel and overtime funding, which are incurred by law enforcement as a result of such investigations; and Whereas,the OJJDP Internet Crimes Against Children ("ICAC") has established a Working Group of Directors representing each of the existing ICAC Task Forces to oversee the operation of the grant and sub-grant recipients; and the State of Minnesota, acting through its Commissioner of Public Safety, Bureau of Criminal Apprehension has designated Donald Cheung as the Commander of the Minnesota ICAC Task Force. Now Therefore,the parties agree as follows: L The tlndersigned Law Enforcement Agency approves, authorizes, and enters into this Agreement with the purpose of implementing a three-pronged approach to combat Internet Crimes Against Children: prevention, education and enforcement; and 2. The tlndersigned Law Enforcement Agency shall adhere to the Minnesota ICAC Task Force Program Standards contained in Exhibit B attached to this Agreement, in addition to complying with applicable Minnesota state and federal laws in the performance of this Page 1 of 5 �� -3 Contract No. 628ll Agreement, including conducting undercover operations relative to ICAC, ; a list of Regional ICAC Task Force, Minnesota State Affiliate Agency and Training& Technical Assistance Program contact information is available at http:Uwww.ojjd�gov/pro�rams/pro�summar �.�asp?pi=3#Resources ; and 3. Exhibits A and B are incorporated into this Agreement and made a part thereof. In the event of a conflict between this Agreement and the Exhibits, the terms of the Exhibits prevail; and 4. The Undersigned Law Enforcement Agency and the.Grantee agree that each party will be responsible for its own acts and the results thereof to the extent authorized by law and shall not be responsible for the acts of any others and the results thereof. The Grantee's liability shall be governed by the provisions of the Minnesota Tort Claims Act, Minnesota Statutes, Section 3.736, and other applicable law. The Undersigned Law Enforcement Agency's liability shall be governed by the provisions of the Municipal Tort Claims Act, Minnesota Statutes, Section 466.01 - 466.15, and other applicable law; and 5. All members of the Undersigned Law Enforcement Agency shall continue to be employed and directly supervised by the same Law Enforcement Agency employer which currently employs the member performing Minnesota ICAC Task Force assignments; and all services, duties, acts or omissions performed by the member will be within the course and duty of that employment, and therefore, are covered by the Workers Compensation programs of that employer; will be paid by that employer and entitled to that employer's fringe benefits; and 6. The Undersigned Law Enforcement Agency must first submit a written request for funds and receive approval for the funds from the Grantee to receive any funds from the Grantee; and 7. "I'he Undersigned Law Enforcement Agency must supply original receipts to be reimbursed on pre-approved requests. Approved reimbursem.ent will be paid directly by the Grantee to the Undersigned Law Enforcement Agency within 30 days of the date of invoice, with payment made out to the Citv of Richfield and mailed to the Richfield Police Department. 6700 Portland Ave South, Richfield, MN, 55423. 8. The Undersigned Law Enforcement Agency shall maintain accurate records pertaining to prevention, education, and enforcement activities, to be collected and forwarded monthly to the Minnesota ICAC Task Force Commander or his designee for statistical reporting purposes; and 9. T'he Undersigned Law Enforcement Agency shall participate fully in any audits required by the OJJDP. In addition, under Minn. Stat. § 16C.05, subd. 5, the LJndersigned law Enforcement Agency's books, records, documents, and accounting procedures and practices relevant to this Agreement are subject to examination by the Grantee and/or the Minnesota State Auditor or Legislative Auditor, as appropriate, for a minimum of six years from the end date of this Agreement; and 10. The Undersigned I,aw Enforcement Agency shall make a reasonable good faith attempt to be represented at any scheduled regional meetings in order to share information and resources Page 2 of 5 �� Contract No. 62811 amongst the multiple entities; and 11. The Undersigned Law Enforcement Agency shall be solely responsible for forwarding information relative to investigative targets to the Child Pornography Pointer System (CPPS) pursuant to the OJJDP guidelines; and 12. The Undersigned Law Enforcement Agency shall provide the Minnesota ICAC Task Force Commander in a timely manner all investigative equipment that was acquired through OJJDP grant funding; in the event that future federal funding is no longer available,the Undersigned Law Enforcement Agency decides to dissolve.its binding relationship with the Minnesota ICAC Task Force and the State of Minnesota Department of Public Safety, or the Undersigned Law Enforcement Agency breaches the Agreement. 13. That the Grantee may reimburse, the Undersigned Law Enforcement Agency for the following duties: A. Investigations by the Undersigned Law Enforcement Agency under this agreement should be conducted in accordance with the OJJDP ICAC Task Force Program Standards contained in Exhibit B, and concluded in a timely manner. The Undersigned Law Enforcement Agency will only be reimbursed by the Grantee for overtime hours inclusive of fringe benefits of actual hours and/or actual expenses incurred related to performing Minnesota ICAC Task Force assignments and/or training approved by the Minnesota ICAC Task Force Commander through the term of this agreement or until all Federal funds under the OJJDP grant have been expended,whichever comes first. B. The Grantee has a TOTAL Expense Budget of$347,101.00 that was approved under the OJJDP Internet Crimes Against Children("ICAC") Grant for investigative hours and expense reimbursement. The Undersigned Law Enforcement Agency participating in the Minnesota ICAC Task Force investigations will be reimbursed by the Grantee for actual costs as defined in Clause 13, Section A., to the extent such actual costs have been reviewed and approved by the Minnesota ICAC Task Force Commander. 14. Any amendment to this Agreement must be in writing and will not be effective until it has been executed and approved by the same parties who executed and approved the original agreement, or their successors in office. 15. The Undersigned Law Enforcement Agency and the Grantee may terminate this Agreement at any time,with or without cause, upon 30 days' written notice to the other party. 16. Terms of this agreement: This Agreement shall be effective on the date the Undersigned Law Enforcement Agency obtains all required signatures under Minn. Stat. § 16C.05, Subd. 2, and shall remain in effective through May 31, 2016 unless terminated or canceled. Upon the effective date of this Agreement,the Undersigned Law Enforcement Agency will be entitled to reimbursements approved by the Grantee dating back to July 1,2013 for overtime Page 3 of 5 �� Contract No. 62811 salary including fringe benefits, equipment, training and expenses to the extent Grantee has available funds to pay such and they have been approved consistent with Clausel3, Section B. Nothing in this Agreement shall otherwise limit the jurisdiction, powers, and responsibilities normally possessed by an employee as a member of the Undersigned Law Enforcement Agency. 1. Undersiqned Law Enforcement Agency Undersigned Law Enforcement Agency certifies that the appropriate person(s) have executed the Agreement on behalf of the Undersigned Law Enforcement Agency and its jurisdictional government entity as required by applicable articles, laws, by-laws, resolutions, or ordinances. By and Title Date Undersiqned Law Enforcement Agency Title: Date City of Richfield Title: Date City of Richfieid Mayor or Board Chair Date City of Richfield Page 4 of 5 AGENDA SECTION: CONSENT AGENDA ITEM# 4I REPORT# 194 STAFF REPORT ��' � f '`� CITY COUNCIL MEETING SEPTEMBER 24, 2013 REPORT PREPARED BY: MIKE DOBESH, ASSISTANT FIRE CHIEF NAME,TITLE DEPARTMENT DIRECTOR REVIEW: � � SIGNAT OTHER DEPARTMENT REVIEW: � N/A S7GNATU REVIEWED BY CITY MANAGER: � J ITEM FOR COLTNCIL CONSIDERATION: Awarding Contract for Program Design and Fulfillment for Fire Department Uniform items. I. RECOMI��NDED ACTION: By Motion: Accept and enter into contract with Business Impact Group (BIG) for uniform items. II. EXECUTIVE SUMMARY After researching several alternatives, the Fire Department has determined that the Business Impact Group (BIG) can deliver customized uniform items at a competitive cost. BIG will also provide a secure online store that will allow only authorized Fire Department personnel access to view and purchase items. BIG will also maintain an inventory of Fire Department authorized items at no cost to the City. Under this agreement, other City departments, at their option, would have the ability to create their own online store with BIG for their uniform clothing. III. BASIS OF RECOI��IlVIENDATION A. BACKGROUND BIG Contractxxx 1 • Over the past year, the Fire Department reviewed multiple options for the purchase of uniform items. • The Fire Department met with BIG and determined that the department would realize significant cost savings by contracting with BIG. • Several metro area fire departments are already working with BIG in this manner and have given them very high ratings for service and overall satisfaction. • Additional City departments would have the opportunity to utilize BIG's services under this contract. B. PoLICY • Fire Department uniforms are determined by departmental supervisors. • The Fire Department has contractual language for uniforms with IAFF Local 1215. C. C�Tic�,T�M�G Isst�s • Staff is requesting approval so uniform items may be purchased for the fall/winter season. D. Fn�aNCIaL • The Fire Department has "Uniforms and Clothing" as a line item on the annual budget. • The costs associated with this contract would be paid for through this budgeted line item. • BIG will maintain an inventory of uniform items at no cost to the City. E. LEGAL • The contract has reviewed and reviewed by legal counsel. F. ENVIRONMENTAL CONSIDERATIONS • N/A N. ALTERNATIVE RECOMI��NDATION(S� • Council may reject the contract which would require the Fire Department to maintain current uniform purchasing options. V. ATTACI�VVIENTS • None. VL PRINCIPAL PARTIES EXPECTED AT MEETING • None. AGENDa SECTioN: CONSENT CALENDAR AGENDA ITEM# ', REPORT# 195 I STAFF REPORT � `�� , � � CITY COUNCIL MEETING SEPTEMBER 24, 2013 REPORT PREPARED BY: BETSY OSBORN, SUPPORT SERVICES MANAGER NAML', Tl7ZLi DEPARTMENT DIRECTOR REVIEW: d � � SlGNATI//E OTHER DEPARTMENT REVIEW: � N/ � % � SIONA"LZ/2F, REVIEWED BY CITY MANAGER: YTEM FOR COUNCIL CONSIDERATION: Consideration of the approval of the application by Champp's Operating Corporation d/b/a Champps Americana for a retail On-Sale 3.2 Percent Malt Liquor license to serve 3.2 percent malt liquor at Magicians hockey games in 2013 at the Richfield Ice Arena. I. RECOMMENDED ACTION: By Motion: Approve the application by Champp's Operating Corporation d/b/a Champps Americana for a retail On-Sale 3.2 percent malt liquor license to serve 3.2 percent malt liquor at Magicians hockey games in 2013 at the Richfield Ice Arena. II. EXECUTIVE SUMMARY The City Council recently adopted an ordinance to allow sales of 3.2 percent malt liquor at the Richfield Ice Arena during junior hockey league games. That ordinance will go into effect on October 5, 2013. The purpose of the ordinance was to accommodate the Minnesota Magicians Junior Hockey Team by allowing beer sales at the Arena until special legislation is passed at the next legislative session in early 2014. Champps Americana has submitted an application for an On-Sale 3.2 Percent Malt Liquor license for the Magicians Hockey games to be held at the Richfield Ice Arena in 2013. If the license is approved, Champps will serve 3.2 percent malt liquor, 092413 Champps/Ice Arena temporary xxx along with food, at the Magician's home games at the Richfield Ice Arena starting � October 5, 2013. � III. BASIS OF RECOMMENDATION A. BACKGROUND • On August 28, 2013, the City Council approved a second reading of an ordinance allowing for 3.2 beer sales at the Richfield Ice Arena during junior hockey league events. The ordinance will go into effect on October 5, 2013. The ordinance allows a properly licensed food establishment to sell 3.2 percent malt liquor at the Arena until special legislation is enacted at the beginning of next year. • On September 19, 2013, Champps Americana submitted an application for a Retail On-Sale 3.2 Percent Malt Liquor license to serve 3.2 percent malt liquor at 17 Magician's hockey games in 2013 at the Richfield Ice Arena. • Champps has submitted all the necessary documentation as part of the application process and has paid all required licensing fees. B. POLICY • Richfield City Code Section 1202 requires owners of 3.2 percent malt liquor establishments to comply with all of the provisions of both City � Code and State Statutes. C. CRITICAL TIMING ISSUES • Champps needs approval of the license in order to serve 3.2 percent malt liquor at hockey games following the effective date of the ordinance on October 5, 2013. D. F�rraNClaL • Selling beer at the team's home games has an indirect financial impact on the City of Richfield. Selling beer at the home games benefits the Minnesota Magicians with increased ticket sales. It is important for the team to remain financially viable so that they can continue to make lease payments to the City to help finance the building improvements. • The required licensing fees have been received. E. LEGAI, • The City Attorney will be available to answer any questions if necessary: F. ENVIRONMENTAL CONSIDERATIONS • None. ` IV. ALTERNATIVE RECOMMENDATION(S� • The Council could deny the license. However, that would mean that the . Magicians would not be able to have beer sales at the Arena during its home games. V. ATTACHMENTS • None VI. PRINCIPAL PARTIES EXPECTED AT MEETING • Champps staff has been notified of the date of this meeting. AGENDA SECTION: PROP. ORD. AGENDA ITEM# 6 REPORT# 196 STAFF REPORT � � '' CITY COUNCIL MEETING SEPTEMBER 24, 2013 REPORT PREPARED BY: CHRIS REGIS, FINANCE MANAGER NAME,TITLE DEPARTMENT DIlZECTOR REVIEW: �V SIGNATURE OTHER DEPARTMENT REVIEW: � --- SI TURE REVIEWED BY CITY MANAGER: ITEM FOR COUNCIL CONSIDERATION: Consideration of second reading amending the attached ordinance relating to the interest rate for internal loans from the Cit 's Permanent Improvement Revolvin Fund. I. RECOMMENDED ACTION: By Motion: Approve the second reading amending an ordinance relating to the interest rate for internal loans from the City's Permanent Improvement Revolving Fund; amending subsection 315.07 of the Richfield Cit Code. II. EXECUTIVE SUMMARY Subsection 315.07, subd. 3 of the Richfield City Code defines the disposition of funds within the Permanent Improvement Revolving Fund (PIR). Funds may be used only as directed by resolution of the City for the purposes of advancing to local improvement funds the cost of improvements for which assessments are to be levied and to provide interim financing of capital expenditures for projects of the City or the City's housing and redevelopment authority. All funds provided must be paid back to the PIR Fund with interest at a rate of not less than 5% per annum. The amendment to the ordinance would allow the.interest rate to be set by the City Council at the time the funds are to be provided. III. BASIS OF RECOMMENDATION A. BACKGROUND • At the February 26, 2013 City Council meeting a resolution was approved authorizing an interfund loan from the PIR Fund to the Richfield Housing and Redevelopment Authority as part of the Richfield Parkway project. • At the time the interfiund loan was established, staff was aware that '� the interest rate established as part of the loan was not in conformance with the ordinance and subsequently, the ordinance would need to be amended. • The interfund loan is not scheduled to be made to the HRA until the fall of 2014. B. PoLICY • The amending of the City Code requires both a first and second reading before the City Council C. CRITICAL TIMING ISSUES • None D. FINANCIAL • The amendment to the ordinance will allow for interest rates to be established at or near current market conditions. E. LEGAL • Legal Counsel has prepared the amendment to the existing ordinance. • The first reading to amend the ordinance occurred at the September , 10, 2013 City Council meeting. • Upon approval of the second reading, the ordinance is published in the official newspaper and will take effect 30 days thereafter. F. ENVIRONMENTAL CONSIDERATIONS • N/A IV. ALTERNATIVE RECOMMENDATION�S� • None. V. ATTACHMENTS • An ordinance relating to interest rate for internal loans from the City's Permanent Improvement Revolving Fund; amending subsection 315.07 of the Richfield City Code. VI. PRINCIl'AL PARTIES EXPECTED AT MEETING • N/A �--� l BILL NO. AN ORDINANCE RELATING TO INTEREST RATE FOR INTERNAL LOANS FROM THE CITY'S PERMANENT IMPROVEMENT REVOLVING FUND; AMENDING SUBSECTION 315.07 OF THE RICHFIELD CITY CODE THE CITY OF RICHFIELD DOES ORDAIN: Section 1. Subsection 315.07, subd. 3 of the Richfield City Code, is amended to read as follows: Subd. 3. Disposition of Funds. The monies in the P1R fund shall be used only as directed by resolution of the City and for the purposes of (i) advancing to local improvement funds the cost of improvements for which assessments are to be levied, and ,, (ii) providing interim financing of capital expenditures for projects of the City or the City's � housing and redevelopment authority. All such monies so furnished shall be restored when and as sufficient monies are received in said improvement funds or permanent project financing has been obtained, as the case may be, with interest at a rate e#-�e�-less +h.,., f;.,e .,or,.e�+ ��o�� „or ��n,,..-. to be set by the City Council at the time the loan is made during the time for which such monies have been so furnished. Notwithstanding the foregoing provisions of this subdivision, the proceeds of the PIR fund, in a total amount not to exceed $300,000.00, may be transferred to the capital improvement budget of the City by resolution of the City Council to provide funds for the acquisition and betterment of public safety facilities in the City. Section 2. This ordinance is effective in accordance with Section 3.09 of the Richfield City Charter. Adopted this day of , 2013. By: Debbie Goettel, Mayor ATTEST: Nancy Gibbs, City Clerk AGENDA SECTION: PROP. ORD. AGENDA ITEM# � REPORT# 197 STAFF REPORT , j,-2 ' `�� r CITY COUNCIL MEETING SEPTEMBER 24, 2013 REPORT PREPARED BY: MARY TIETJEN, CITY ATTORNEY NAME,TlTI,L DEPARTMENT DIRECTOR REVIEW: � /GNA7'UR/_� OTHER DEPARTMENT REVIEW: � nJ/ % � SlGNATUI : 1 REVIEWED BY CITY MANAGER: �/ � ITEM FOR COUNCIL CONSIDERATION: Second reading of an ordinance relating to tobacco and regulation of electronic cigarettes and establishing additional penalties for noncompliance. L RECOMMENDED ACTION: • By Motion: (1) Approve the second reading of the attached ordinance relating to tobacco and regulation of electronic cigarettes and establishing additional penalties for noncompliance; and (2) Adopt a resolution approving summary publication of the ordinance. II. EXECUTIVE SUMMARY Electronic nicotine delivery systems, more commonly known as "electronic cigarettes" or "e-cigarettes", are quickly gaining popularity. E-cigarettes consist of battery-powered heating elements and replaceable cartridges that contain nicotine or other chemicals, and an atomizer that, when heated, converts the contents of the cartridge into a vapor that the user inhales. There is some debate about the safety of these products, but it is safe to say that further scientific study is needed to confirm the potential health risks associated with e-cigarettes. Although e- cigarettes are "smokeless", they are subject to regulation as "tobacco products". Therefore, cities may regulate the sale of e-cigarettes in the same way that they regulate the sale of traditional tobacco products. This includes, for example, 092413 Tobacco ordinance staff report-second read prohibiting the sale of e-cigarettes to minors, requiring that they be kept behind the counter in retail establishments, and subjecting establishments to licensing and compliance checks. The proposed ordinance amends the City's current tobacco regulations to include electronic cigarettes and subjects e-cigarettes to the same regulations placed on tobacco sales within the City, including licensing. The first reading of the ordinance contained the phrase "nicotine or lobelia delivery devices". That term has been replaced with the more commonly used term "electronic cigarette". Doing so does not substantively change the ordinance, but may aid in a better understanding of the terminology used in the ordinance. In addition to addressing e-cigarettes, the proposed ordinance would amend the code to reduce a fine associated with a tobacco license violation if the licensee appears before the City Council, as required by the code. In addition, the ordinance would give the Council the discretion to increase a suspension or a fine if a licensee fails to comply with a suspension or revocation notice. First reading of the code occurred on September 10, 2013. IIL BASIS OF RECOMMENDATION A. BACKGROUND • City staff recently received information from a company that is proposing to open an "E-Cigarette Lounge" in th� City. The company wishes to establish a business that includes an area where customers can use free WiFi, buy coffee and relax in an environment where e- cigarettes may be used. After learning of this business proposal, staff reviewed the city code and concluded that e-cigarettes are not covered in the city's current tobacco regulations. Because of the unknown risks that may be associated with e-cigarettes, staff believes it would be prudent to regulate sales of the product, including licensing and a prohibition on sales to minors. • Staff also became aware of a current business that sells electronic cigarettes. That business does not object to the requirements in the proposed ordinance. B. POLICY • The City has authority to regulate the sale of e-cigarettes in the same manner as traditional tobacco products. • Since the first reading of the proposed ordinance, staff has received information and encouragement from public health groups encouraging the City to adopt stricter regulations pertaining to the use of e-cigarettes, going beyond what the current proposed ordinance would do. If the Council is interested in pursuing such regulation, staff recommends additional research regarding the legal basis for additional controls. C. CRITICAL TIMING ISSUES • Although there is no specific deadline, the e-cigarette lounge wishes to be licensed and able to open for business as soon as possible. D. FnvaNClaL • N/A � E. LEGaL • The City Attorney drafted the proposed ordinance and will be available to answer any questions. F. ENVIRONMENTAL CONSIDERATIONS • N/A IV. ALTERNATIVE RECOMMENDATION(S� • The Council could choose not to regulate e-cigarettes. This would result in that type of business being unregulated. • The Council could choose to postpone adoption of the current ordinance and direct staff to research the City's authority to adopt stricter regulations pertaining to the use of e-cigarettes in the City. This would mean that for the time being this type of business would remain unregulated, however, it should be noted that staff can always bring it back to Council at a later date to make additional changes that might be more restrictive. V. ATTACHMENTS • Ordinance • Resolution VI. PRINCIPAL PARTIES EXPECTED AT MEETING • N/A � �-i BILL NO. AN ORDINANCE AMENDING SECTION 1146 OF THE CITY CODE PERTAINING TO TOBACCO AND THE REGULATION OF ELECTRONIC CIGARETTES THE CITY OF RICHFIELD DOES ORDAIN: Section 1. Subsection 1146.01 of the Richfield City Code is amended as follows: 1146.01. Purpose. The Richfield City council recognizes that many persons under the age of 18 years purchase or otherwise obtain, possess, and use tobacco, tobacco products, a� tobacco=related devices,_ and electronic ciqarettes�, and that such sales, possession, and use are viofations of both State and Federal laws. Studies have shown that most smokers begin smoking before they reach the age of 18 years and that those persons have been shown to have several serious health problems which subsequently place a financial burden on all levels of government. This section �a�l-�eis intended to regulate the sale, possession, and use of tobacco, tobacco products, a� tobacco -related devices, and electronic ciqarettes for the purpose of enforcing and furthering existing laws, to protect minors against the serious effects associated with the illegal use of tobacco, tobacco products, a� tobacco-related devices, and electronic ciq�rettes and to further the official public policy of the State of Minnesota in regard to preventing young people from starting to smoke as stated in Minn. Stat. 144.391. Sec. 2. Subsection 1146.03 of the Richfield City Code is amended as follows: 1146.03. Definitions. Subdivision 1. For the purposes of this section, the terms defined in this subsection have the following meanings given them: S u b d. 2. c��s-t�-�e�sa-�-r��+c-#s"—�" " „" , . ; ; ; ; ; ; ; ; , , , , ; ' ° � � ; , , , ; �g- Tobacco or tobacco aroducts. Any substance or item containinq tobacco leaf includina but not limited to ciqarettes and anv product containinq made or derived from tobacco that is intended for human consumption whether chewed smoked absorbed, dissolved, inhaled snorted sniffed or inqested by any other means or any component, part or accessorv of a tobacco product� ciqars pipe tobacco snuff fine cut 430672v2 MDT RC160-3 ,� �� or other chewinq tobacco, cheroots, stoqies, perique granulated pluq cut crimp cut readv-rubbed, and other smokinq tobacco, snuff flowers, cavendish shorts pluq and twist tobaccos, dippinq tobaccos, refuse scraps, clippinqs, cuttinqs and sweepings of ' tobacco, and other kinds and forms of tobacco leaf prepared in such manner as to be suitable for chewinq, sniffinq or smokinq. This term excludes anv tobacco product that has been approved bv the United States Food and Druq Administration for sale as a tobacco cessation product, as a tobacco dependence product or for other medical �urposes, and is beinq marketed and sold solely for such an approved purpose. Subd. 3. Tobacco=related devices. "Tobacco related devices" shall mean any tobacco product as well as a pipe, rolling papers, or other device intentionally designed or intended to be used in a manner which enables the chewing, sniffing, or smoking of tobacco or tobacco products. Subd. 4. Self-service merchandisinq. "Self-service merchandising" shall mean open displays of tobacco, tobacco products, e�tobacco=related devices�or electronic ciqarettes, in any manner where any person °"^��has access to the tobacco, tobacco products e�tobacco=related devices� or electronic ciqarettes, without the assistance or intervention of the licensee or the licensee's employee. The assistance or intervention s#aal-entails the actual physical exchange of the tobacco, tobacco product, e�tobacco=relafed device, or electronic ciqarettes, between the customer and the licensee or employee. Self-service merchandising shall not include vending machines. Subd. 5. Vendinq machine. "Vending machine" shall mean any mechanical, electric or electronic, or other type of device which dispenses tobacco, tobacco products, e�tobacco=related devices, or electronic cigarettes, upon the insertion of money, tokens, or other form of payment directly into the machine by the person seeking to purchase the tobacco, tobacco product, e�tobacco=related device, or electronic ciqarettes. Subd. 6. Loosies. "Loosies" shall mean the common term used to refer to a single or individually_packaged cigarette. Subd. 7. Minor. "Minor" shall mean any person who has not yet reached the age of 18 years. Subd. 8. Retarl establishment. "Retail establishment" shall mean any place of business where tobacco, tobacco products e�-tobacco related devices, or electronic ciqarettes, are available for sale to the general public. Retail establishments shall include, but not be limited to, grocery stores, convenience stores, and restaurants. Subd. 9. Moveable p/ace of business. "Moveable place of business" shall mean motorized vehicles, mobile sales kiosks, kiosks, trailers or other structure or equipment not permanently attached to the ground ^�°r�+°,� ;^ �n oc+�+hlic�hmon+ 430672v2 MDT RC160-3 ` 2 �inor�oo� r�romiooc� � �3 *��Trr�cv. Subd. 10. Sale. A "sale" shall mean any transfer of goods for money, trade, barter, or other consideration. Subd. 11. Compliance checks. "Compliance checks" shall mean the system the City of Richfield uses to investigate and ensure that those authorized to sell tobacco, tobacco products, a�tobacco-related devices� and electronic cigarettes are following and complying with the requirements of this section. Compliance checks shall involve the use of minors as authorized by this section to attempt to purchase tobacco, tobacco products, e�tobacco_related devices, and electronic ciqarettes for educational, research and training purposes as authorized by State and Federal laws. Compliance checks may also be conducted by other units of government for the purpose of enforcing appropriate Federal, State or local laws and regulations relating to tobacco, tobacco products, a�ad tobacco=related devices, and electronic ciaarettes. Subd. 12. Electronic cicrarette "Electronic ciqarette" shall mean any electronic- smokinq device that can be used to deliver nicotine or a� other substances to the person inhalinq from the device. The term shall include such devices whether they are � manufactured as electronic ciqarettes electronic ciqars electronic pipes or any other product name. This term excludes any product that has been approved by the United States Food and Druq Administration for sale as a tobacco cessation product as a tobacco dependence product or for other medical purposes and is beinq marketed and sold solelv for such an approved purpose Sec. 3. Subsection 1146.05 of the Richfield City Code is amended as follows: 1146.05. Sale and distribution of tobacco. Subdivision 1. License repuired. No person or establishment shall sell or offer to sell any tobacco, tobacco products, e�tobacco=related devices, or electronic cigarettes, without first having obtained a license to do so from the City of Richfield. All licenses issued under this section shall be valid only on the premises for which the license was issued and only for the person to whom the license was issued. No transfer of any license to another location or person shall be valid. Subd. 2. Application. An application for a license to sell tobacco, tobacco products, e� tobacco_related devices, or electronic ciqarettes shall be made on a form provided by the Public Safety Director or the Public Safety Director's designee. The fee shall accompany the application. The application shall be reviewed and action taken on it by either the Public Safety Director or the Director's designee. Subd. 3. Action. The Public Safety Director or the Public Safety Director's designee may either approve or deny the license, or may delay action for such reasonable period of time as necessary to complete any investigation of the application or the applicant it deems necessary. If the Public Safety Director or the Public Safety Director's designee denies the license, notice of the denial shall be given to the 430672v2 MDT RC160-3 3 �`� . applicant along with notice of the applicant's right to appeal the decision. Subd. 4. License term. All licenses shall expire on December 31 of the year in which the license is issued. The annual license fee will not be prorated. Subd. 5. Denial, revocation or suspension. A license under this section may be denied, suspended or revoked by the council, after an investigation and public hearing where the licensee is granted the opportunity to be heard, for one (1) or more of the following reasons: (a) The operation of the business is in conflict with any provision of this code. (b) The operation of the business is in conflict with any health, fire, building, building maintenance, zoning, or any other applicable codes or laws. (c) The applicant or licensee has failed to comply with one (1) or more provisions of this section or any statute, rule or ordinance pertaining to the sale of tobacco, tobacco products, e�-,ar��tobacco_related device, or electronic ciqarettes. (d) The applicant has committed fraud, misrepresentation or bribery in securing or renewing a license. (e) The owner of the premises licensed or to be licensed would not qualify for a license under the terms of this section. (f� The applicant is under the age of 18 years. (g) The applicant has been convicted within the past five (5) years of any violation of a Federal, State, or local law ordinance provision, or ofher regulation relating to tobacco, tobacco products, e�-tobacco-related devicesLor electronic ciqarettes. (h) The applicant has had a license to sell tobacco, tobacco products, e� tobacco=related devices, or electronic ciqarettes revoked within the 12 months preceding the date of application. (i) The applicant is prohibited by Federal, State, or other local law, ordinance, or other regulation, from holding such a license. Subd. 6. Moveable place of business. No license shall be issued to a moveable place of business. Only a fixed location business shall be eligible to be licensed under this section. Subd. 7. DisplaY. All licenses shall be posted and displayed in plain view of the general public on the licensed premise. Subd. 8. Renewa/s. The renewal of a license issued under this section shall be handled in the same manner as the original application. The request for a renewal shall be made at least 30 days but no more than 60 days before the expiration of the current license. Subd. 9. Emplovee traininq. The applicant must provide proof that an employee training program on tobacco sales has been provided during the license year by 430672v2 MDT RC160-3 4 Ir� 1 submitting records supporting that training at the time of their license renewal each year. Sec. 4. Subsection 1146.09 of the Richfield City Code is amended as follows: 1146.09. Prohibited sa/es. It shall be a violation of this section for any person to sell or offer to sell any tobacco, tobacco product, s�tobacco=related device, or electronic ciqarettes: (a) To any person under the age of 18 years. (b) By anyone under the age of 18 years. (c) By means of any type of vending machine. (d) By means of self-service merchandising. (e) By means of loosies. (fl Containing opium, morphine, jimson weed, bella donna, strychnos, cocaine, marijuana, or other deleterious, hallucinogenic, toxic, or controlled substances except nicotine and other substances found naturally in tobacco or added as part of an otherwise lawful manufacturing process. (g) By any other means prohibited by Federal, State, or other local law, ordinance provision, or other regulation. Sec. 5. Subsection 1146.11 of the Richfie�d City Code is amended as follows: 1146.11. Vendinq machines. It shall be unlawful for any person licensed under this section to allow the sale of tobacco, tobacco products, e�tobacco=related devices, or electronic ciqarettes, by the means of a vending machine. Sec. 6. Subsection 1146.13 of the Richfield Ciiy Code is amended as follows: 1146.13. Self-service sa/es. It shall be unlawful for a licensee under this section to allow the sale of tobacco, tobacco products, e�tobacco=related devices, or electronic ciqarettes, by any means whereby the customer may have access to such items without having to request the item from the licensee or the licensee's employee and whereby there is not a physical exchange of the tobacco, tobacco product, e�e tobacco=related device, or electronic cigarettes, between the licensee or licensee's Sle�l�employee and the customer. All tobacco, tobacco products, ar�d-tobacco=related devices, and electronic ci�arettes, shall either be stored behind a counter or other area not freely accessible to customers. Any retailer selling tobacco, tobacco products, e�tobacco=related devices, or electronic 430672v2 MDT RC l 60-3 5 �'`.0 ciqarettes, at the time this section is ade�#e�amended shall comply with this �section within 30 days of the passage of�"��the amendments. A license holder who operates an establishment or fully enclosed portion of an establishment that sells at least 90 percent of its products in tobaccol or tobacco-r�la#� products, tobacco-related devices, or electronic cigarettes, is exempt from the self-service merchandising provision if the license holder prohibits anyone under 18 years of age from entering the establishment or fully enclosed portion of an establishment and the license holder conspicuously displays a notice prohibiting persons under 18 years of age from entering the establishment. Sec. 7. Subsection 1146.15 of the Richfield City Code is amended as follows: 1146.15. Responsibility. All licensees under this section shall be responsible for the actions of their employees in regard to the sale of tobacco, tobacco products, s� tobacco=related devices, or electronic ciqarettess on the licensed premises, and the sale of such an item by an employee shall be considered a sale by the license holder. Nothing in this section shall be construed as prohibiting the City from also subjecting the S�le�l�employee to whatever penalties are appropriate under this section, State or Federal law, or other applicable law or regulation. Sec. 8. Subsection 1146.17 of the Richfield City Code is amended as follows: 1146.17. Compliance checks and inspections. All licensed premises shall be open to inspection by Richfield law enforcement or other authorized City officials during regular business hours. From time to time, but at least once per year, the City shall conduct compliance checks by engaging, with the written consent of their parents or guardians, minors over the age of 15 years, to enter the licensed premise to attempt to purchase tobacco, tobacco products,-e� tobacco: related devices, or electronic ciqarettes. Minors used for the purpose of compliance checks shall be supervised by the Public Safety Director or the Public safety Director's designee. Minors used for compliance checks shall not be guilty of the unlawful purchase or attempted purchase, nor the unlawful possession of tobacco, tobacco products, e� tobacco=related devices, or electronic ciqarettes, when such items are obtained or attempted to be obtained as a part of the compliance check. No minor used in compliance checks shall attempt to use a false identification misrepresenting the minor's age and all minors lawfully engaged in a compliance check shall answer all questions about the minor's age, asked by the licensee or licensee's employee and shall produce any identification, if any exists, for which the minor is asked. Nothing in this subdivision shall prohibit compliance checks authorized by State or Federal laws for educational, research, or training purposes, or required for the enforcement of a particular State or Federal law. 430672v2 MDT RC160-3 6 �'� Sec. 9. Subsection 1146.03 of the Richfield City Code is amended as follows: 1146.19. Other illeqal acts. Subdivision 1. Unless otherwise provided, the following acts shall be a violation of this section. Subd. 2. lllepal sa/es. It shall be a violation of this section for any person to sell or otherwise provide any tobacco, tobacco products, e�tobacco=related devices, or electronic ciqarettes, to any minor. Subd. 3. llleqal possession. 1t shall be a violation of this section for any minor to have in their possession any tobacco, tobacco product, e�-tobacco-related device, or electronic cigarettes. This subdivision shall not apply to minors lawfully involved in a comp�liance check. Subd. 4. lllegal use. It shall be a violation of this section for any minor to smoke, chew, sniff, or otherwise use any tobacco, tobacco product, e�tobacco-related device1 or electronic ciqarettes. Subd. 5. llleqal procurement. It shall be a violation of this section for any minor to purchase or attempt to purchase or otherwise obtain any tobacco, tobacco products, e�tobacco=related devices, or electronic ciqarettes, and it shall be a violation of this section for any person to purchase or otherwise obtain such items on behalf of a minor. It shall further be a violation for any person to coerce or attempt to coerce a minor to illegally purchase or otherwise obtain or use any tobacco, tobacco product, e�tobacco- related device, or electronic ci arettes. This subdivision shall not apply to minors lawfully involved in a compliance check. Subd. 6. Use of false identification. It shall be a violation of this section for any minor to attempt to disguise their true age by the use of a false form of identification, whether the identification is that of another person or one on which the age of the person has been modified or tampered with to represent an age older than the actual age of the person. Sec. 10. Subsection 1146.23 of the Richfield City Code is amended as follows: 1146:23. Penalties. Subdivision 1. Licensees. Any licensee found to have violated this section, or whose employee shall have violated this section, shall be charged an administrative fee as follows: (a) First violation. $200.00 fine with no suspension. (b) Second violation. If within 24 months of the first violation, $49�9:99 430672v2 MDT RC]60-3 7 �'� 500.00 fine with a two (2) day suspension ��}. If outside of 24 months of the first violation, it will be counted as a first violation. (c) Third violation. If within 24 months of the second violation, $685-89 700.00 fine with a seven (7) day suspension +��). If outside of 24 months of the second violation, it will be counted as a second violation. (d) Fourth violation. If within 24 months of the third violation, $1,000.00 fine with a suspension of up to 60 days, with the option to revoke the license . If outside of 24 months of the third violation, it will be counted as a third violation. When a license is revoked, one (1) year's time must elapse from the date of revocation before the establishment is eligible to reapply for a tobacco license. (e) Step Back Option. The City's disciplinary penalties include a "step back" option as an incentive for licensed establishments. Under the "step back" option, each time an establishment passes two (2) consecutive compliance checks, the establishment is deemed to have "stepped back" one (1) violation level. For example, if an establishment has had a total of three (3) violations but successfully passes two (2) consecutive compliance checks after the third violation, the establishment "steps back" one (1) level to the second violation level; if a subsequent violation were to occur, the penalty would be imposed as if it were a third violation rather than a fourth violation. Each step back requires two (2) new consecutive successful compliance checks. (fl Council Aaaearance and Fine Reduction A licensee must appear before the Citv Council after a second third or fourth violation Upon such appearance, the Council will reduce the applicable fine bv $100 00 (q) Penaltv for Noncompliance If a licensee fails to comply with a suspension or revocation notice, the Council mav increase the suspension or the fine or both, at its discretion. Subd. 2. Other individuals. Individuals, other than licensees regulated by subdivision 1 of this subsection, found to be in violation of this section shall be charged an administrative fee of$100.00. Subd. 3. Minors. Minors found in unlawful possession of, or who unlawfully purchase or attempt to purchase, tobacco, tobacco products, e� tobacco-related devices, or electronic ciqarettes shall be given the option of participating in a diversion program rather than paying the violation fine. Subd. 4. Misdemeanor. Nothing in this subsection shall prohibit the City from seeking prosecution as a misdemeanor for any violation of this section. 430672v2 MDT RC160-3 8 �� J Sec. 11. Subsection 1146.25 of the Richfield City Code is amended as follows: 1146.25. Exceptions and defenses. Subdivision 1. Nothing in this ordinance shall prevent the provision of tobacco, tobacco products, e�tobacco=related devices, or electronic ciqarettes, to a minor as part of a lawfully recognized religious, spiritual, or cultural ceremony. Subd. 2. It shall be an affirmative defense to the violation of this section for a person to have reasonably relied on proof of age as described by State law. Subd. 3. It shall be a defense to a violation of the section that a licensee did not intentionally aid, advise, hire, counsel or conspire with another to sell tobacco to minors or otherwise procure the sale of tobacco to minors. Sec. 12. This Ordinance will be effective in accordance with Section 3.09 of the City Charter. Adopted this of , 2013. By: Debbie Goettel, Mayor ATTEST: Nancy Gibbs, City Clerk 430672v2 MDT RC160-3 C�j � / � � RESOLUTION NO. RESOLUTION APPROVING SUMMARY PUBLICATION OF BILL NO. WHEREAS, the City has adopted the above referenced ordinance; and WHEREAS, the verbatim text of the ordinance is cumbersome, and the expense of publication of the complete text is not justified; and WHEREAS, the following summary clearly informs the public of the intent and effect of the ordinance. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield that the following summary is hereby approved for official publication: SUMMARY PUBLICATION BILL NO. AN ORDINANCE AMENDING SECTION 1146 OF THE CITY CODE PERTAINING TO TOBACCO AND THE REGULATION OF ELECTRONIC CIGARETTES , On September 24, 2013, the Richfield City Council adopted an ordinance designated as Bill No. , the title of which is stated above. This summary of the ordinance is published pursuant to Section 3.12 of the Richfield City Charter. The purpose of the ordinance is to regulate and prohibit the sale of electronic cigarettes to minors and to establish a licensing requirement for the sale of such devices. The ordinance also establishes additional penalties for noncompliance with the City's tobacco regulations. Copies of the ordinance are I available for public inspection in the office of the City Clerk during normal ; business hours or upon request by calling 612-861-9870 of the Support Services ' Division, Business Licensing. Nancy Gibbs, City Clerk BE IT FURTHER RESOLVED, that the City Clerk is directed to keep a copy of the ordinance in her office at City Hall for public inspection and to post a full copy of the ordinance in a public place in the City for a period of two weeks. Adopted by the City Council of the City of Richfield, Minnesota this 24t" day of September, 2013. Debbie Goettel, Mayor ATTEST: Nancy Gibbs, City Clerk 431858v1 N1DT RC160-3 AGENDA SECTION: PROP.ORD. AGENDA ITEM# 8 REPORT# 198 STAFF REPORT �� j�� CITY COUNCIL MEETING SEPTEMBER 24, 2013 I REPORT PREPARED BY: BETSY OSBORN, SUPPORT SERVICES DNISION MANAGER NAME,TITLE DEPARTMENT DIRECTOR REVIEW: � T OTHER DEPARTMENT REVIEW: � N/ S7GN URE REVIEWED BY CITY MANAGER: � ITEM FOR COUNCIL CONSIDERATION: Second reading of an ordinance relating to hoarding as a nuisance affecting public health. I. RECOMMENDED ACTION: • By Motion: Approve the second reading of the attached ordinance relating to hoarding as a nuisance affecting public health. II. EXECUTIVE SUMMARY The City staff has seen a gradual increase in the number of"hoarding" or overcrowding situations in residential properties in the City. The proposed ordinance defines "hoarding" as a nuisance affecting public health. In addition to providing a clear definition, the ordinance gives staff an additional tool to address and remedy these situations by abatement, if necessary, for the health and welfare of the residents of the City. III. BASIS OF RECOMMENDATION A. BACKGROUND • The City's code currently does not define overcrowding or "hoarding" on residential property, nor does it provide explicit authority to address 092413Hoarding-Second Read these situations by abatement. Fortunately, to date, the city staff has been able to cooperatively work with residents to deal with instances that have arisen. After an annual review of potential code changes, the environmental health and code enforcement staff recommended adding language to the code that would provide clearer direction. Also, defining "hoarding" as a nuisance would give staff the ability to intervene and abate the problem in the event that there is not full cooperation or if there is an immediate public health concern. B. POLICY • Defining "hoarding" as nuisance affecting public health provides the city with authority to abate conditions that can adversely impact the health and welfare of residents. C. CRITICAL TIMING ISSUES • N/A D. F�vANCIaL • N/A E. LEGAL • The City Attorney's office has worked with staff in drafting the proposed ordinance and will be available to answer any questions. F. ENVIRONMENTAL CONSIDERATIONS • N/A IV. ALTERNATNE RECOMMENDATION�S� • The Council could choose not to amend the code to define "hoarding" as a nuisance affecting public health. V. ATTACHMENTS • Ordinance VI. PRINCIPAL PARTIES EXPECTED AT MEETING . N/A �' I I I BILL NO. I AN ORDINANCE DECLARING CONDITIONS RELATED TO HOARDING TO BE A PUBLIC NUISANCE; AMENDING SUBSECTION 925.01, SUBD. 2 OF THE RICHFIELD CITY CODE THE CITY OF RICHFIELD DOES ORDAIN: Section 1. Subsection 925.01, subd. 2 of the Richfield City Code is amended to read as follows. Subd. 2. Public nuisances affecting health. The following are declared to be nuisances affecting public health: , (a) exposed accumulations of decayed or unwholesome food or vegetable matter; (b) diseased animals running at large; (c) ponds or pools of stagnant water; (d) carcasses of animals not buried or destroyed within 24 hours after death; (e) accumulations of manure or rubbish; (� privy vaults and garbage cans which are not rodent free or flytight, or which are so maintained as to constitute a health hazard, or to emit foul and disagreeable odors; t (g) the pollution of any public well or cistern, stream, lake, canal or body of water by sewerage, creamery or industrial wastes, or other substances; (h) poisonous plants including but not limited to poison ivy, poison oak, and ragweed, plants detrimental to health; any growth of weeds, grass, brush or other rank vegetation to a greater height than six inches on the average; and accumulafions of dead weeds, grass or brush; (i) dense smoke, noxious fumes, gas or soot, or cinders in unreasonable quantities; 413569v1 CAH RC160-3 � � � (j) offensive trades and businesses as defined by statute not licensed by the city board f health as provided by law; aa� , (k) public exposure of persons having a contagious diseasei and (I) overcrowdinq a room or portion of a dwellinq with lonq-term storaqe of items, goods, or any material so as to prevent upkeep, maintenance, or reqular housekeepinq. A room may be considered overcrowded when storaqe covers an excessive amount of the floor area of a room, constitutes a potential excessive fire load, prevents access to windows or doors, prevents access to or obstructs mechanical systems or air movement, effectivelv eliminates use and access to required electrical devices, impedes access and movement of emergencv personnel, blocks hallwavs, limits the operation of doors orprovides pest harboraqe. Sec. 2. This Ordinance will be effective in accordance with Section 3.09 of the City Charter. Adopted this th day of September, 2013. By: Debbie Goettel, Mayor ATTEST: Nancy Gibbs, City Clerk ' 413569v1 CAH RC160-3 AGENDA SECTION: PROP. ORD. AGENDA ITEM# 9 REPORT# 199 STAFF REPORT '�p � �� CITY COUNCIL MEETING � SEPTEMBER 24, 2013 REPORT PREPARED BY: BETSY OSBORN, SUPPORT SERVICES DIVISION MANAGER Nan�r;, Tirr.c DEPARTMENT DIRECTOR REVIEW: � i �cnzs OTHER DEPARTMENT REVIEW: � � SicN r�urzc REVIEWED BY CITY MANAGER: �� ITEM FOR COUNCIL CONSIDERATION: Second reading of an ordinance adopting lawn maintenance standards, allowing for maintained prairie vegetation and declaring noxious weeds and inadequately maintained vegetation to be a public nuisance. I. RECOMMENDED ACTION: • By Motion: (1) Approve the second reading of the attached ordinance relating to lawn maintenance and prairie vegetation and declaring noxious weeds and inadequately maintained vegetation a public nuisance; and, (2) Adopt a resolution approving summary publication of the ordinance. II. EXECUTIVE SUMMARY The City of Richfield wishes to acknowledge changes from traditional landscaping to other diverse types, such as the establishment of prairie and meadow plant vegetation. These changes have value and bring diversity and richness to our community. However, in order to protect the health and welfare of all residents, such changes in vegetation must be properly managed and maintained and the lengtti of any transition period from traditional to non-traditional must be minimized. If left unaddressed, inadequately maintained vegetation can become aesthetically unpleasing and violate community standards. The proposed ordinance addresses these concerns by establishing maintenance standards and declaring noxious , 092413 Lawn Maintenance-Second Read I i'I weeds and inadequately maintained vegetation to be a public nuisance. Doing so II will give city staff the ability to address and abate conditions in the event that it ' becomes necessary. III. BASIS OF RECOMMENDATION A. BACKGROUND • Residents have displayed a growing interest in a variety of landscapes in the City, including more non-traditional landscaping, such as prairie grass and meadow vegetation. The City is supportive of these changes, provided there is an established process for the management and maintenance needed during landscape transitioning. Left unregulated, vegetation can become an eyesore in violation of community standards. The ordinance would allow the. establishment of more non-traditional vegetation, as well as declare certain conditions to be a public nuisance. Staff is recommending adding these provisions to the public nuisance section of the City code so that they will have the authority to abate noncompliant conditions remaining after residents have been given notice and an opportunity to remedy violations. B. POLICY • Defining noxious weeds and inadequately maintained vegetation as a public nuisance provides the city with authority to abate conditions that can adversely impact the health and welfare of the residents. C. CRITICAL TIMING ISSUES • N/A D. FINANCIAL • N/A E. LEGaL • The City Attorney's office has worked with staff in drafting the proposed ordinance and will be available to answer any questions. F. ENVIRONMENTAL CONSIDERATIONS • N/A IV. ALTERNATIVE RECOMMENDATION�S� • The Council could choose not to amend the code allowing for more non- traditional landscaping and establishing maintenance standards. V. ATTACHMENTS • Ordinance • Resolution VI. PRINCIPAL PARTIES E�CPECTED AT MEETING • N/A � - i BILL NO. AN ORDINANCE RELATING TO LAWN MAINTENANCE; ALLOWING MAINTAINED MEADOW/PRAIRIE VEGETATION; AND DECLARING NOXIOUS WEEDS AND INADEQUATELY MAINTAINED VEGETATION TO BE A PUBLIC NUISANCE THE CITY OF RIGHFIELD DOES ORDAIN: Section 1. Section 925 of the Richfield City Code is amended by adding a new subsection 925.06 to read as follows: 925.06. Public Nuisance Special Provision: Lawn Maintenance. Subdivision 1. Preamble. The city council finds that there are a variety of landscapes in the city that add diversity and a richness to the quality of life. There are community expectations, however, that an area that has been disturbed, landscaped, or otherwise maintained, will continue to be maintained in a consistent manner. When vegetation in that area is not continually maintained, it becomes aesthetically unpleasing and violates community standards. Property that appears neglected may decrease the value of adjacent properties. In addition, if vegetation is not properly maintained, there may be the following adverse impacts on public health, safety, and welfare: a. undesirable vegetation such as common buckthorn, quackgrass, and other weeds may invade and threaten to supplant other more desirable vegetation; b. vegetation that causes allergic reactions, such as ragweed, may develop; and c. tall vegetation along driveways and public roads may impair visibility when entering or exiting public roads. The city counci� also finds that it is in the public interest to allow citizens to choose the type of landscaping on their properties and to make changes in that vegetation. As a protection for the larger community, however, this change in vegetation must be properly managed and maintained and the length of the transition period must be minimized. The council finds that the establishment of prairie and meadow plant communities is an acceptable landscape treatment in the city. This requires special consideration, however, because weeds will grow during the first few years of transition before the new vegetation predominates, resulting in an 409537v2 CAH RC160-3 1 q -a appearance of neglect. Therefore, the council finds that this type of vegetation is acceptable if it is properly maintained to shorten the transition period and if notice is given of the intended result. In contrast, the transition to trees and other woody species does not require special consideration because untended grass or weeds are not a necessary part of that transition period. Rather, the transition period is shortened by eliminating competition around the seedlings through such techniques as organic mulch. The city council enacts this subsection to balance the public interest in a variety of vegetation with the public need to ensure proper maintenance of that vegetation. The council finds that establishing a height limitation for certain vegetation is in the best interest of the public health, safety, and welfare as outlined above and is a reasonable maintenance standard. Subd. 2. Definitions. For purposes of this subsection the following words have the meanings specified below. a. "Meadow vegetation" means grasses and flowering broad-leaf plants that are native to, or adapted to, the state of Minnesota, and that are commonly found in meadow and prairie plant communities, except weeds. b. "Noxious weeds" are those plants so designated by the state of Minnesota under Minn. Stat. § 18.77, subd. 8. c. "Regularly cut" means mowing or otherwise cutting the vegetation so that it does not exceed six (6) inches in height. d. . "Turf grasses" are grasses commonly used in regularly cut lawn areas, such as bluegrass, fescue and rye grass blends, and non-woody vegetation interspersed with them. e. "Weeds" include all noxious weeds, buffalobur, burdock, common cocklebur, crabgrass, dandelions, jimsonweed, quackgrass, common and giant ragweed, field sandbur, velvetleaf, and wild sunflower. Weeds also include anything that is horticulturally out of place. For example, a tree seedling is a weed in a vegetable garden, in a gutter or near near the foundation of a house or garage. A property owner may establish that a plant or plants are not horticulturally out of place by providing a written landscape plan for the area in question, complete with a listing and locations of plant species. The plants specifically tisted above may not be included within the landscape plan. Vegetation that does not comply with this plan are weeds. 409537v2 CAH RC160-3 2 � -3 Subd. 3. Maintenance standard. The maintenance standard in this subsec#ion applies to property that has been developed with a building as defined in the building code, including vacant property combined with developed property for tax purposes, and a parcel of property that has been completely or partially disturbed by demolition, grading or other means in preparation for development or redevelopment. a. All turF grasses and weeds, including weeds within a meadow vegetation area, must not exceed a height of six (6) inches, measured from the base at ground level to the tip of each stalk, stem, blade, or leaf. b. This requirement does not apply to the following: (1) a wetland or floodplain designated in the zoning ordinance and required wetland buffers or those voluntarily created by a .land owner when compatible with the character of the neighborhood , and the intent of the wetland protection ordinance, Section 427 of this code; (2) a drainage pond or ditch that stores or conveys stormwater; (3) the Woodlake Nature Center; (4) an area in which the land and vegetation appears not to have been graded, landscaped, mowed, or otherwise disturbed by human or mechanical means at any time. Determination of what constitutes this type of area will be based on a reasonable judgment of the present appearance of the area. The recent history of the area may be relevant to this determination; and (5) an area established with meadow vegetation if: (a) the prior vegetation is eliminated and the meadow vegetation is planted through transplanting or seed by human or mechanical means; and (b) a sign is posted on the prope,rty in a location likely to be seen by the public, advising that a meadow or prairie is being established. This sign is required only if the meadow vegetation is in an area likely to be seen by the public. This sign must be in addition to any sign permitted by the sign ordinance but must be no smaller than ten inches square, no larger than one square foot, and no higher than three feet tall. 409537v2 CAH RC160-3 3 G �� . Subd. 4. Declaration of public nuisance. The following are pubiic nuisances subject to abatement under this section: a. noxious weeds; , b. vegetation that does not meet the maintenance standard specified in subdivision 3 above; and c. vegetation that violates the sight-distance standards in subsection 925.01, subdivision 4(a) of this code. Sec. 2. This Ordinance will be effective in accordance with Section 3.09 of the City Charter. Adopted this th of September, 2013. By: Debbie Goettel, Mayor ATTEST: Nancy Gibbs, City Clerk ; 409537v2 CAH RC160-3 4 � - 5 RESOLUTION NO. RESOLUTION APPROVING SUMMARY PUBLICATION OF BILL NO. WHEREAS, the City has adopted the above referenced ordinance; and WHEREAS, the verbatim text of the ordinance is cumbersome, and the expense of publication of the complete text is not justified; and WHEREAS, the following summary clearly informs the public of the intent and effect of fhe ordinance. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield that the following summary is hereby approved for official publication: SUMMARY PUBLICATION BILL NO. AN ORDINANCE AMENDING SECTION 925 OF THE CITY CODE BY ADDING A NEW SUBSECTION RELATING TO LAWN MAINTENANCE; ALLOWING MAINTAINED MEADOW/PRAIRIE VEGETATION; AND DECLARING NOXIOUS WEEDS AND INADEQUATELY MAINTAINED VEGETATION TO BE A PUBLIC NUISANCE On September 24, 2013, the Richfield City Council adopted an ordinance designated as Bill No. , the title of which is stated above. This summary of the ordinance is pu is ed pursuant to Section 3.12 of the Richfield City Charter. The purpose of the ordinance is to allow for a variety of landscaping in the city, including more non-traditional types of landscaping such as prairie or meadow vegetation. The ordinance provides maintenance standards and requirements for transitioning to this non-traditional type of landscaping and declares noxious weeds and inadequately maintained vegetation to be a public nuisance. Copies of the ordinance are available for public inspection in the office of the City Clerk during normal business hours or upon request by calling 612- 861-9760 of the Community Development Division. ancy i s, ity er BE IT FURTHER RESOLVED, that the City Clerk is directed to keep a copy of the ordinance in her office at City Hall for public inspection and to post a full copy of the ordinance in a public place in the City for a period of two weeks. Adopted by the City Council of the City of Richfield, Minnesota this 24th day of September, 2013. e ie oette , ayor ATTEST: ancy i s, ity er 431852v1 MDTRC160-3 1 AGENDA SECTION: RESOLUTIONS I AGENDA ITEM# 10 REPORT# 200 STAFF REPORT �� p ' �' CITY COUNCIL MEETING SEPTEMBER 24, 2013 REPORT PREPARED BY: JAY HENTHORNE, DEPUTY PUBLIC SAFETY DIRECTOR N , �zc' DEPARTMENT DIRECTOR REVIEW: � s,c uru OTHER DEPARTMENT REVIEW: � N/A S(GNAT1 z REVIEWED BY CITY MANAGER: ITEM FOR COUNCIL CONSIDERATION: Contract from the City of Edina to provide dispatching service to the City of Richfield's Police and Fire Departments. I. RECOMMENDED ACTION: By Motion: Approve the contract between the City of Edina and the City of Richfield to provide dispatching services for the Police and Fire Departments. II. EXECUTIVE SUMMARY On August 13, 2013 the City Council voted to move our dispatching operations to the City of Edina. The City of Edina will provide contractual dispatching services for the Police and Fire Departments. The contract between Edina and Richfield covers dispatching services, operations and maintenance of the Edina Communication Center (E.C.C.). The contract period is a four year contract and will commence on December 1, 2013. The contract includes a standard cost escalator for each year of the contract. The escalator will be based on increased labor costs for operation of the E.C.C. under Edina's labor agreements; and the rate of increase, if any, over the previous year in the implicit price deflator for government consumption expenditures and 092413 Edina Dispatch Contract gross investment for state and local governments prepared by the Bureau of Economic Analysts. III. BASIS OF RECOMMENDATION A. BACKGROUND The City has been considering the future of Richfield 911 dispatch for the past several months, prompted by the impending purchase of additional capital equipment, needed to keep up with the new technology necessary for the operation. With the City Council's decision to discontinue local 911 dispatching operations in Richfield the City looked at other jurisdictions including Hennepin County, City of Bloomington, and City of Edina to provide dispatching services. On August 13, 2013, the City Council voted to approve moving forward to contract with the City of Edina for dispatching services. On September 3, 2013 the City of Edina approved the contract to provide dispatch services to the City of Richfield's Police and Fire Departments. B. PoLICY • The city council has already approved moving dispatching operations to the City of Edina. C. CRITICAL TIMnvG ISSUES • Transition teams are already in place and a date of December 1, 2013 has been established for the City of Edina to begin dispatching for Richfield's Police and Fire Departments. D. FINANCIAL � • The contract is for four years. • Transition fee approximately $50,000. • Edina will receive Richfield's 911 State funding allotment approximately $45,000 • For calendar year 2013 monthly payments in the amount of $14,058 will be made to the City of Edina. • For calendar year 2014 and subsequent years, as long as Edina is providing dispatch service to Golden Valley, Richfield shall pay Edina the base charge rate charge ($14,058). Edina has the right to adjust the base rate charge each year in respect to the possibility of increased labor costs. Adjustments in the base charge shall be prospective. • For the calendar year 2015, and subsequent years, if Edina is not providing dispatch service to the City of Golden Valley, Richfield shall pay Edina in equal monthly installments of $12,363 (Revised Base Charge) adjusted by Edina. E. LEGAL • The City Attorney has reviewed the contract for the city • The City of Edina passed the contract at their September 3, 2013 council meeting. F. ENVIRONMENTAL CONSIDERATIONS • None IV. ALTERNATIVE RECOMMENDATION(S� • Richfield Police and Fire need dispatching services • If the contract was not approved additional vendors would need to be researched and selected to provide dispatch services. V. ATTACHMENTS • Resolution • City of Edina Memorandum regarding clarification of Section #8 (Termination Fee) of the contract between Edina and the City of Richfield. • Contract VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None I �^ � RESOLUTION NO. RESOLUTION AUTHORIZING THE CITY OF RICHFIELD TO ENTER INTO A CONTRACT WITH THE CITY OF EDINA TO PROVIDE DISPATCHING SERVICE FOR THE RICHFIELD POLICE AND FIRE DEPARTMENTS WHEREAS, The City of Richfield has agreed to enter into a contract with the City of Edina to provide dispatching services for the Richfield Police and Fire Departments. The initial contract would be for four years with monthly payments made to the City of Edina and a standard cost escalator for each year of the contract r WHEREAS, The contract would take effect on December 1, 2D13. WHEREAS, The City of Richfield agrees with the stipulations that are in the contract. NOW, THEREFORE, BE IT RESOLVED, That the City of Richfield, enter into a contract for service with the City of Edina to provide dispatching service for the Richfield Police and Fire Departmenfis. Adopted by the City Council of the City of Richfield, Minnesota this 24th day of September, 2013. Debbie Goettel, Mayor ATTEST: Nancy Gibbs, City Clerk • � � MEMO � 1N�'.� ; City Hall• Phone 952-833-9520 I b �'� .r�9�ll.ry. $ Fax 952-826-0390•www.CityofEdina.com � � e s � � � �=x� �y � - •�N�OR�a�• �} l � Date: September 9, 2013 ' To: Jay Henthorne, Deputy Public Safety Director ; � City of Richfield ; cc: , , � from: Laurene Draper, Civilian Services Manager iRe: Clarification Of 91 I Dispatch Contract, Section #8 i i 4 i � � The intent of Section #8 is to cover the costs Edina would incur, per our city policies, as a f ! result of providing 91 I dispatch services to Richfield; therefore, the Termination Fee includes: { I � • Unemployment as required by law: up to 50% of salary for up to 26 weeks, with a � maximum of$610 per week; s � • Three months base salary to each FT employee who is laid off. The 2013 48-month � base salary of a FT dispatcher is $55,619; � � • Six months of the employer contribution portion (not the full amount) of � health/medical insurance for each employee who is laid off. The 2013 employer ``_, contribution is $825; i � • This Termination Fee is only charged if Edina is forced to lay off employees as a result � of the contract termination and will be adjusted to accurately reflect costs at the time x � of termination. ; : " • It is anticipated that a maximum of I FT employee and I PT employee could be laid off f ? in the event of contract termination unless additional positions are added during the � � term of the contract to accommodate workload. Q � E � � Please let me know if there are additional questions about the provisions of this section. � � , � n f € � _ � � � f i i � � City of Edina • 4801 W.50�h St. • Edina, MN 55424 ' fb ~ 3 AGREEMENT BETWEEN EDINA AND RICHFIELD FOR THE PROVISION OF DISPATCH SERVICES AND OPERATION AND MAINTENANCE OF , THE EMERGENCY COMMUNICATIONS CENTER AGREEMENT made this day of , 2013 by and between the City of Edina, a Minnesota municipal corporation("Edina") and the City of Richfield, a Minriesota municipal corporation("Richfield"). WHEREAS,the governmental units signatory hereto are empowered by law to provide and to contract for police, fire and emergency dispatch services, and, by virtue of their respective needs and geographic proximity, find it in their common interest and for their common benefit and the benefit of their citizens for Edina to provide dispatch services to Richfield utilizing the Edina Emergency Communications Center("E.C.C."); and I WHEREAS, Richfield desires that Edina receive and dispatch Richfield police, fire and emergency radio calls; and WHEREAS, Edina desires to handle such police, fire and emergency dispatch calls for Richfield; and WHEREAS,this Agreement is made pursuant to Minn. Stat. §§ 436.05 and 471.59 and should not be construed as creating a joint municipal police department. NOW, THEREFORE, in consideration of the mutual covenants contained herein,the parties agree as follows: ' 1. Dispatch Services and Operation and Maintenance of the E.C.C. Commencing on or about December 1, 2013, Edina shall operate the E.C.C. for its own us,e and shall provide dispatch services to Richfield as follows: ; Doc. #172079v.2 1 RNK: 8/23/2013 � by� A. Edina, by using its personnel and facilities, will handle the receiving and dispatching of all police, fire and emergency calls for Richfield and Edina. $. Edina will supply police radio dispatch equipment and personnel to operate and maintain the radio dispatch equipment for the E.C.C. On termination of this Agreement, all equipment shall be the property of Edina. C. The E.C.C. shall be operated by dispatchers who shall be employees of Edina. Community service officers trained to provide back-up relief may be used to supplement dispatchers. . All dispatch personnel needed to staff the E.C.C. shall be hired by Edina through its normal hiring procedures. The E.C.C. shall be supervised and managed by employees of Edina who have been assigned by the Edina Police Chief to these responsibilities. The Police and Fire Chiefs for Richfield and Edina or their designees shall meet as needed to address issues concerning provision of dispatch services or operation of the E.C.C. D. Edina and Richfield shall each maintain insurance coverage or equivalent pooled self insurance coverage in the minimum amount of the liability limits established in Minn. Stat. Ch. 466, which shall protect both Cities from any and all claims that might be made against either or both Cities as a result of the operations or the services set forth herein. 2. Initial Costs. Edina will incur certain up front costs to provide service to ' Richfield. These costs include: MCT and CAD Resource Monitor licenses, software, AVL (automobile vehicle location)units, CPU and monitor, conversion or creation, training 911 and radio transition, staff support including IT support. Richfield must pay 100% of the above mentioned costs. Edina will bill Richfield as costs are incurred and Richfield will reimburse Edina within thirty days of receipt of a properly itemized bill. 3. Payment for Dispatch Services and Operation and Maintenance of the E.C.C. Subject to the payment of initial costs pursuant to Paragraph 2 herein and any unbudgeted expenses pursuant to Paragraph 5 herein, for calendar year 2013, Richfield shall pay Doc.#172079v.2 2 RNK: 8/23/2013 lb -5 Edina Fourteen Thousand Fifty-eight ($14,058.00) Dollars per month(`Base Charge"). Payment shall be due in advance on or before the first day of each calendar month. For calendar year 2014, and subsequent years, as long as Edina is providing dispatch service for the City of Golden Valley, Richfield shall pay Edina, in equal monthly installments the Base. Charge adjusted by Edina on January lst each year as follows: (1) increased labor costs for operation of the E.C.C. under Edina's labor Agreements and (2)the rate of increase, if any, over the previous year in the implicit price deflator for government consumption expenditures and gross investment for state and local governments prepared by the Bureau of Economic Analysts of the United States Department of Commerce. Adjustments in the Base Charge shall be prospective. For calendar year 2015, and subsequent years, if Edina is not providing dispatch service for the City of Golden Valley, Richfield shall pay Edina, in equal monthly installments $12,363 ("Revised Base Charge") adjusted by Edina on January lst each year as follows: (1) I increased labor costs for operation of the E.C.C. under Edina's labor Agreements and (2)the rate of increase, if any, over the previous year in the implicit price deflator for government consumption expenditures and gross investment for state and local governments prepared by the Bureau of Economic Analysts of the United States Department of Commerce. Adjustments in the Base Charge shall be prospective. . 4. 9-1-1 Funds. As additional compensation for services provided hereunder; effective January l, 2014 Richfield shall assign to Edina a119-1-1 funds it is entitled to receive pursuant to Minn. Stat. § 403.11. Edina shall deposit the 9-1-1 funds received from Hennepin County on behalf of Richfield in a separate account established for that purpose. The 9-1-1 funds so deposited shall be the sole property of Edina, and shall be used at the sole discretion of Doc. #172079v.2 3 RNK: 8/23/2013 1 � � � Edina, subject only to the provisions of Minn. Stat. § 403.113. The 9-1-1 funds shall not be credited towards amounts owed by Richfield pursuant to Paragraphs 3 and 4 of this Agreement. Richfield's 911 funds received in 2013 which are assigned to Edina, however, shall be credited towards Richfield's costs for map conversion or creation, and transition expenses pursuant to Paragraph 2 of this Agreement. 5. Unbud�eted Expenses. Certain expenses for provision of dispatch services, and operation and maintenance of the E.C.C. are not reasonably foreseeable, such as capital expenditures due to equipment failure, equipment repairs and replacement, software upgrades, software licensing, unexpected need for overtime hours, implementation of recommendations made by consultants for unanticipated needs, changes in required services due to new legislation. This listing is for illustrative purposes only, and not intended as a limitation on reimbursement for unanticipated expenses. Edina will notify Richfield in writing of any such unanticipated expenses when the expenses are realized. Within thirty days of receipt of a properly itemized bill, Richfield shall reimburse Edina in the amount of thirty six percent(36%) of such expenses during such time as Edina is also providing dispatch service to Golden Valley and forty three per cent(43%) if Edina is not providing dispatch service to Golden Valley. 6. F.C.C. Licenses. Current F.C.C. licenses held by Richfield and Edina shal�l remain the property of the license-holder. Richfield and Edina will fully cooperate with e�ch other as necessary for providing for the joint use and sharing of radio frequencies. 7. Term of A�reement. This Agreement shall be for an initial term of four(4) years, commencing on or about December 1, 2013, with automatic one-year renewals thereafter. The agreement may be terminated by either party after the initial term upon a twelve (12)month advance written termination notice delivered by either party to the other party. Doc.#172079v.2 4 RNK: 8/23/2013 , D �� l 8. Termination Fee. If Richfield terminates this Agreement at the end of the initial term or anytime thereafter, Richfield shall pay to Edina the actual cost incurred by Edina caused by the termination including: unemployment compensation, and termination benefits required by any applicable labor agreement or City Policies. 9. Indemnity. Each party is responsible for its own acts and omissions and the results thereof to the extent authorized by law. Minnesota Statutes Chapter 466 and other applicable law govern the parties' liability. To the full extent permitted by law, this Agreement is intended to be and shall be construed as a"cooperative activity" and it is the intent of the parties that they shall be deemed a"single governmental unit"for the purposes of liability, all as set forth in Minnesota Statutes § 471.59, Subd. la(a); provided further that for purposes o;f that statute, each party to this Agreement expressly declines responsibility for the acts or omissions of the other party. In addition to the foregoing, nothing herein shall be construed to waive or limit any immunity from, or limitation on, liability available to either party, whether set forth in Minnesota Statutes, Chapter 466 or otherwise. 10. Assi�nment. Neither party to this Agreement may assign its interest in the Agreement without prior written approval of the other party and subj ect to such conditions and provisions as the other party may�deem necessary. 11. Amendments. This Agreement may be amended from time to time as the parties deem necessary. No amendment shall be effective unless agreed to in writing by the parties. 12. Entire A�reement. It is understood and agreed that the entire agreement of the parties is contained herein and that this Agreement supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof as well as any previous agreements presently in effect between the parties relating to the subject matter hereof. Doc.#172079v.2 5 RNK: 8/23/2013 ' � b -g 13. Severability. If any term of this Agreement is found to be void or invalid, such invalidity shall not affect the remaining terms of this Agreement, which shall continue in full force and effect. IN WITNESS WHEREOF,the parties have executed this Agreement the day and year first above written. ; CITY OF ED CITY OF RICHFIELD i BY: ames Hovland, Its Mayor Debbie Goettel, Its Mayor A AND eal, It ity ana Stephen Devich, Its City Manager Doc.#172079v.2 6 RNK: 8/23/2013 AGENDA SECTION: R.ESOLUTIONS AGENllA ITEM# I 1 REPORT# 201 STAFF REPORT �'' f r CITY COUNCIL MEETING -r SEPTEMBER 24, 2013 REPORT PREPARED BY: MELISSA POEHLMAN, CITY PLANNER NAME,TITLE DEPARTMENT DIRECTOR REVIEW: � SIGNATURE OTHER DEPARTMENT REVIEW: SIGNA i , � REVIEWED BY CITY MANAGER: 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 Parkwa . L 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 (Ryan), 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 reviewed the proposed plans for compliance with Code requirements and the existing PUD. The Planning Commission has reviewed the proposal and 092413-APUD 6540 Richfield Pkwy ' considered its agreement with both technical requirements and the goals and , objectives of the Comprehensive Plan and Cedar Avenue Corridor Master Plan. ' While PUDs offer flexibility in the application of technical 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 otherwise. Based on concerns regarding parking, pedestrian safety and findings that it does not meet the goals and objectives of the originally approved PUD, the Cedar Avenue Master Plan and the Comprehensive Plan, the Planning Commission has recommended denial (4-3) of the proposed plan. 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 7 smaller multi-tenant buildings. Four of these 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 finro parcels, rather than four, to allow for construction of the McDonald's on the southern half. Ryan last presented to the Council regarding a potential for McDonald's on March 22, 2011. In May of this year, Ryan and McDonald's submitted an application requesting approval of a different plan for the restaurant on this site. The Planning Commission recommended denial (6-1) of that plan based on concerns regarding building orientation, site design and materials. Ryan subsequently withdrew the application. The proposal before the Council now attempts to address staff and Planning Commission concerns. The proposed restaurant is approximately 450 square feet smaller than what was previously proposed and faces both Richfield Parkway and 66th Street. Exterior building materials have also changed in an effort to better-coordinate with the existing Cedar Point Commons development across the street. B. POLICY • PUDs are intended to encourage the efficient use of land and resources and to encourage innovation in planning and building. PUDs provide flexibility in the application of dimensional requirements, density and land uses if the proposed development is well-desiqned and can be successfully inteqrated into the neiqhborhood. PUDs are expected to provide superior desiqn and/or benefit to the communitv in exchange for the requested flexibility. • The following variations from standard requirements are requested: o Drive-thru setback—Any drive-up service window, teller or order station must be located at least 150 feet from any residential parcel. This requirement is not met; the northern portion of the existing Church/School property is designated as Single-Family Residential. This is the typical zoning designation of Churches and , Schools throughout the City. A pre-school operates on the site. The nearest residentially-used property is greater than 150 feet from all aspects of the proposed drive-thru. o Parking —The applicant has requested a reduced parking requirement based on their operational experience. Staff has typically supported a reduction based on internal requirements when the proposed retailed is prolific in an area. City requirements call for � 60 parking stalls. McDonald's internal calculations call for 38 parking stalls. The proposed plan includes 47 stalls, a 20% departure from current City requirements. Support for this departure comes from the Institute of Transportation Engineer (ITE) parking estimates which indicate a peak demand of 44 stalls. Staff supports the proposed reduction with some reservations related to delivery vehicle circulation. ■ Ryan Companies further purports that the reduction is supported by the existing Operation and Easement Agreement (OEA) for the Cedar Point Commons Project. The OEA calls for a parking ratio 5.0 spaces per 1,000 square feet for a stand-alone restaurant under 5,000 square feet. Staff would argue that the OEA does not apply given the fact that a fast food restaurant with drive-thru service was not contemplated when the agreement was drafted. o Delivery traffic — Despite the change to a smaller delivery truck, this site will remain quite challenging. There are a number of parking stalls that cannot be occupied if a delivery truck is expected to successfully navigate the site. The proposed application indicates that deliveries will not be made during peak hours; however, that fact alone does not guarantee that the impacted parking stalls will be available. A similar issue (impacting different parking stalls) is present for garbage pick-up. Limiting hours of operation to allow for deliveries and waste hauling when the restaurant is closed is a possible solution. The parking of delivery vehicles on Richfield Parkway and/or 66th Street shall be prohibited due to safety concerns. Any approval should be conditioned upon removal of all snow from the site to avoid further difficulties. o Parking lot landscaping —While the applicant has proposed an adequate amount of landscaped area within the parking lot, the proposed trees do not meet requirements. Any approval should be conditioned upon further review and possible revision of the landscape plan. o Lighting —The proposed plan exceeds permitted light levels. While staff has historically supported modest variations from Code requirements, the proposal exceeds historical tolerances. The proposal also exceeds requirements of the final PUD Resolution for the Cedar Point Commons project which states that light levels shall not exceed 0.5 footcandles at any residential property line. Any approval should be conditioned upon modifications and compliance with all other lighting requirements. o Signs —As proposed, site signage does not meet the minimum setback requirement of five feet. Given that the boulevard will be exceptionally large in order to accommodate the Three Rivers Bike Trail, staff recommends allowing for a reduction to a two-foot setback. In combination with the required three-foot trail "clear zone," this would meet the intent of the regulation. Additionally, the applicant has requested permission for an off-site sign. An entrance sign is proposed for the north side of the shared driveway; property that will be retained by Ryan Companies. In the case of a shared driveway, this is both reasonable and necessary to promote safe traffic movement. • Comprehensive Plan Agreement— PUDs and the accompanying Conditional Use Permits (CUPs) also require agreement and conformance with the goals and policies of the City's Comprehensive Plan. This 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. • Cedar Point Commons PUD Agreement—Approved plans for the Cedar Point Commons project call for four retail buildings which would be oriented in a similar fashion to those east of Richfield Parkway. The requested amendment introduces a use that was not originally contemplated (Class III Restaurant— Fast Food with drive-up service) and changes the design of this portion of the project from one that mirrors the redevelopment across the street. The Commission and Council must find that the proposed amendment remains consistent with the goals, policies and objectives of City plans (Comprehensive Plan and Cedar Avenue Master Plan). • An Administrative Review Committee meeting was held on August 22, 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 August 29, 2013. A decision is required by October 28, 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. FnvarrclaL • The required application processing fee has been paid. E. LEGAL • A public hearing was held before the Planning Commission on September 9, 2013. • Notice of the public hearing was published in the Sun Current newspaper and mailed to properties within 350 feet of the project site. • No members of the public spoke specifically for or against the proposaL • The Planning Commission, citing reasons of parking and failure to meet the goals and objectives of City Plans, voted to recommend denial of the proposal (4-3). 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 • Parking reduction request memo • Planning & zoning maps VI. PRINCIl'AL PARTIES EXPECTED AT MEETING • Mark Kampmeyer - Ryan Companies • McDonald's USA representatives i i� - � 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 September 9, 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 August 27, 2013; and WHEREAS, on September 9, 2013, the Planning Commission recommended denial of the application by a vote of 4 to 3; and WHEREAS, the City Council considered the application for an amendment to the planned unit development, final development plan and conditional use permit on September 24, 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). � � - a 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 and any applicable redevelopment plans. Comprehensive Plan policies include "support [for) commercial land uses that are diverse and responsive to their context." The City finds that the proposal does not add to the diversity of uses within the City and that a Fast Food Restaurant that serves over 50 percent of its customers via drive- thru service is not responsive to a context that includes a major pedestrian and bicycle greenway. The Cedar Avenue Corridor Master Plan further emphasizes the idea of "walkability" and the establishment of neighborhood centers. The proposed use is not in keeping with these goals. 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. In order to accommodate a customer base that disproportionately remains in their vehicle, pedestrian safety within the site is compromised. Customers who wish to eat at the restaurant are forcect to cross in front of drive-thru lane traffic to enter the building. As proposed the site is also problematic for delivery and garbage vehicles. These large vehicles cannot be accommodated without further inconveniencing customers who will leave their vehicle to enter the restaurant. As proposed, the development does not form a desirable and unified environment within its own boundaries. 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: parking, landscaping, lighting, and vehicle loading/unloading requirements. Departures from Code requirements cannot be justified by the design of development. 11�3 F. Planned unit developments may not create undue adverse impacts on neighboring properties. No specific undue adverse impacts to neighboring properties have been identified. 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 City does not find that the proposal is innovative or creative in such a way to provide superior benefit to the community. Requested variations from Code requirements and an amendment to the currently approved plan cannot be justified based on the proposed plan. 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 24th day of September, 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 P/an and any applicab/e 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; however, Comprehensive Plan policies include "support (for] commercial land uses that are diverse and responsive to their context." The City finds that the proposal does not add to the diversity of uses within the City and that a Fast Food Restaurant that serves over 50 percent of its customers via drive-thru service is not responsive to a context that includes a major pedestrian and bicycle greenway. The Cedar Avenue Corridor Master Plan further emphasizes the idea of"walkability" and the establishment of neighborhood centers. The proposed use is not in keeping with these goals. 2. The proposed deve/opment is designed in such a manner as to form a desirab/e and unified environment within its own boundaries. In order to accommodate a customer base that disproportionately remains in their vehicle, pedestrian safety within the site is compromised. Customers who wish to eat at the restaurant are forced to cross in front of drive-thru lane traffic to enter the building. As proposed the site is also problematic for delivery and garbage vehicles. These large vehicles cannot be accommodated without further inconveniencing customers who will leave their vehicle to enter the restaurant. As proposed, the development does not form a desirable and unified environment within its own boundaries. 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 deve/opment. The proposed development is inconsistent with the following requirements: Drive-thru setback—Any drive-up service window, teller or order station must be located at least 150 feet from any residential parcel. This requirement is not met; the northern portion of the existing Church/School property is designated as Single-Family Residential. Parking — City requirements call for 60 parking stalls. The proposed plan includes 47 stalls, a 20% departure from current City requirements. Delivery traffic —There are a number of parking stalls that cannot be occupied if a delivery truck is expected to successfully navigate the site. The proposed application indicates that deliveries will not be made during �� peak hours; however, that fact alone does not guarantee that the impacted parking stalls will be available. A similar issue (impacting different parking stalls) is present for garbage pick-up. The parking of delivery vehicles on � Richfield Parkway and/or 66th Street shall be prohibited due to safety concerns. Parking lot landscaping —While the applicant has proposed an adequate amount of landscaped area within the parking lot, the proposed trees do not meet requirements. Lighting —The proposed plan exceeds permitted light levels. The proposal also exceeds requirements of the final PUD Resolution for the Cedar Point Commons project which states that light levels shall not exceed 0.5 footcandles at any residential property line. Signs —As proposed, site signage does not meet the minimum setback requirement of five feet and includes an off-site signs. While Planned Unit Developments allow from departures from Code requirements, this flexibility is given in exchange for superior design and integration into the neighborhood. The City finds that the proposed design does not off-set the requested flexibility. 4. The deve/opment will not create an excessive burden or� parks, schools, streets or other public facilities and utilities that serve or area proposed to serve the deve/opment. The Public Works Department has reviewed the proposal and that adequate services are or will be available. 5. The deve/opment wil/not have undue adverse impacts on neighboring properties. No specific undue adverse impacts on neighboring properties have been identified. 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 goa/s, 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 districts regulations � ��1-(� � is to provide an opportunity for innovative and creative development, while assuring that the development will complement existing neighborhood character. The proposed development lacks the innovation and creativity that would off-set the requested departures from Code requirements. 3. The proposed use is consistent with any officially adopted redeve/opment p/ans or urban design guidelines. See above: Part 1, #1. 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. 6. The use will not have undue adverse impacts on fhe public health, safety, or we/fare. As proposed, the internal circulation presents unsafe crossings for customers who wish to use anything other than the drive-thru service lane. 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 wil/meet a/l the specific conditions set by this code for the granting of such conditional use permit. This requirement is not met. � 1 =� RESOLUTION NO. 9772 RESOLUTION AUTHORIZING A FINAL DEVELOPMENT PLAN AND CONDITIONAL USE PERMIT FOR THE CEDAR POINT COMMONS PROJECT �� WHEREAS, an application has been fled with the City of Richfield which requests approval of a final develo�ment plan and conditional use permit for a commercial development of 29.6 acres on land generally located befinreen 17fih 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 unanimousfy 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 6n 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 tfie 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 Richfietd'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: NThe ) 1 �� proposal for the Corridor area between East 63rd Street and Diagonal Boulevard is proposed to be largeiy redeveloped to attract regionai 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 estabiished. 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 streetscape 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 fhe 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 deve(opment 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 '/ inch and 4 inch caliper, where the code � �� requires only 2-'/2 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 17t" 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 64t" Street to separate the parking from the street and minimize the intrusion of headlights into the neighborhood. From 64tn Street to 63�d 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. E{ectrical 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 biock 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 in�ltration of stormwater. The majority of the stocro 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 befinreen SuperTarget and Home Depot as a way to reduce stormwater runoff. WHEREAS, the commercial use wilt 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. � l� i `� B. The development includes a screen wail approximately 800 feet in length along TH 77. The wail 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 signifcant 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 — oniy .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 St�eet and Cedar Avenue affords the opportunity to attract a major regional commercial use such as a regiona! retail center," and WHEREAS, the commercial use meets or will meet all the specific conditions set by #his code for the granting of a fnal development plan and conditionaf use permit; and WHEREAS,#he 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 Properly 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 4/4106 iv) Outbuildings, dated.3/31/06 c) Building materials, dated 2/27l06 d} Grading Plan, dated 6/1/06 � �-i � e) Utility Plan, dated 6/1/06 fl 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) PropertV owner and tenants are responsible for ensurinq all appropriate and reasonable measures are taken so that shoppinq carts will stav on the propertv. 8) Concrete commerciaf driveway aprons required at all entrances befinreen public streetsl private & City property. 9) Trash contain�rs 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 a!I Orfield requicements, 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 erasion control measures, as developer acquires propertv 2) Attend a pre-construction meeting. Before issuance of grading permits (not includina the interim aradinct permit for the utilifv relocation) _ 11 � 1a 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 wetfand 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 approvaf from Department of Health. 8) Submit permit for connection to interceptor sewer from Met�ouncil, 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 14 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 controt 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 irrictation plan for staff review and approval. 3) Submit building samples to ensure color coordination. 4) Submit maintenance agreement for pubiic 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. 11 �13 . 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. fl All wall packs shall be shielded. � 9) Submit revised bui(ding elevations for staff review and approval with the following changes: a) Removing the Home Depot lettering on the fins on the east fa�ade. b) Reducing the lettering of the Home Depot sign on the north fagade 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 pubtic 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 overfay 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 s.igns shown on the drawings. Separate sign permits are required. 7) Target logo on roof must receive approval from City Council. The City Councif 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 i#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 rezoninq of the properties in accordance with Transitorv 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 � 1 � . Martin J. Ki , Mayor ATTEST: Nancy Gibbs, , ity Clerk . I I i� � ��' 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 L.ots 1-5 and Lots 9-14 and the Southerly 25 feet of Lot 6, Biock 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 � I -/� � � : ;: � � ; ��»��L��t.� m � :_ ai ; :, R � , -_'.'_"' '._'._�_._....._..._......'_"_ ° ` � , � ,�; 1�� RESIDEMIAL ZONED RESIDENTIAL ZONED � a ; � ;�i +�. :�.. \. � � . o a ' !;: ;E.,u �, � �.-`�.�,��-�'-"' ' ,`; PROPERTY(CHURCH USE) PROPERTY(RESIDENTIAL USE) 1 . 4 a . � '_' ._' .__._.._'_'' _' ` � � . � ;�p �a� � _ ' i's � ` � i� . .._.....�_._'___..�____�' M� 't s; � � -�.��x''�. t � � ` ` �" � ~�� -- -�--1 R THRU SETBACK FROM RESIDE Z NG ' 295 DRNE THRU ACK FROM RESIDENTIAL USE „ , , i;_.,..: _ �. .-- - - --- - T E t. 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PARC0.N: 26-028-24-14-0737 �� ' 'n.t.i ti"n�y • t � �t�',� t�t l .t��` � \ 4 5 8 7 A T V� � � LEGAL DESCRIPlION: L0T 7, BLOCK 7 OF CEDAR PDINT COMMONS SECOND ADDIiION m ;:y=:, \ RECOR�ED IN HENNEPIN COUNTY,MINNESOTA �� P c"I ""x t�{:�?-'` t 9� . 21�� 0 3'HIGH �� ';�.' ,.�+,I� �� K �♦ o _- - SURMOUNTABLE j ADDRESS: TBO 17TH AVENIJE S.,RICHFlELD, MN ❑io �� - C 5t' . A ---$ TB x G SE CURBED MEUTAN �1' ' \ AX BID �� 'W m ��: l''� >�{�R';�� 60•M� � "y �_ _ ___. ._ - � FLOOD ZONE NSFHA-20NE X(NO SPECIAL FLOOD HAZARD AREA), AS �� ,� �>'�'��j �� '_�!•* _ , � � • j \ SHONN ON FEDERAL EMERGENCY MANAGEMENT AGENCY FLOOD '' =�`,_` ti°;;�,., I : „�• a•� ' ' ' �i":'�.�!'•... INSURANCE RAlE MAP COMMUNITY PANEL NUMBER XXXXXX. �s �" ' ^:�'i, i• ' •' � ? " 'DO NOT � FU7URE ACCESS �a d o y 5..,.__,,,,,,_;t �' �\ ` I, , • a� ENTER�SIGNS �$� TO ADJACENT LOT I SITE AREA: 45,879 S.F. (1.05 AC.) ❑�N �� o ' t +� � � J��i'°`. �t�s^��t;,.: b RSO��"� A � 1B� . �`+� � � ZONING OISTRICT: PC-2(PLANNED GENERAL COMMERCIAL) 4 �y', E j �2�;-�.i` iu � - ` � \ � -�- •\ - : I FAST FOOD RESTAURANT: CONOITIONAL USE 5 0 0 ;,�: , �` i : ai �l''-� `��,`��: "1 dw�r� ° 9� � 1,, i FLOOR AREA RATIO: 3.915 S.F. /30.798 S.F.= 0.13 ��o`� �I � �.'-"^� ��`' � ,�a � .�1� . t 8 I i OT GOVERAGE IR P VI � • {�„ �` , � � � �6� �G POTENTAL ROW IJNq -�-Q� �3�� , Ea •.�---�°°"�:: ��u�•`� +� 60 � �" t t � ' TOTAL 9'fE AREA 9,000 S.F. 45.679 S.F. (1.05 AC) 100 �mF �y� g """" ;aa\.�'� � i - � + � � BUILDING AREA: N/A 3,915 S.F. (0.09 AC) 8.6 ��, e� v°i e I ��•��. + � � IMPERNOUS AREA: 85X MAX. 32,774 S.F 0.75 AC 71. � b di s ' �� ,� � � � � � � � � ' � � � � � � � LANDSCAPE AREA: 755 MIN. 9.110 S.F. (0.21 AC) 20. ��i�� 3 v � �� " � � �` �` � �' �� ^� � ' .,__ PARKING LOT LANDSCAPING. SR MIN. 3,670 SF. (0.08 AC) &0 � � K r� � ��c� � . . .�� '�� --'-i1-:': _..is�... � "� . . . . . 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' .__._.._...___...._._�..�.._.__._..__ : ..,, . ,�......_-._._...�. . : ...' _..._--,-.....-.�s:��"":�'_;......� '__..-'_ ..,..._.""_"____ ST NDARDU R 58R RO SDE o . d �`R � i .• rn = < �t x ' ---..-•.;�,� Z � �: . r _ . � . �.ar.;. en.v��; '. _�. ....-.. ,_ _....--- i _ c � ':'. � : :.. i��; >:�.x �^.._'.��' a::�'�..�.-_-�t-�-.-_. ACCESSIBLE� 2 > .�/ � ..__ .�-_._......_ � . .. . .-� �:�..0 "'�` _ . .-._� � ..,�,,.� yr... ..... >...�.:��. ..�.�-� .� > . _. ._:M,,,=�::::::,� .'. ._ �,.��.-a:�:T.�-r�r:�� -G..� �- ' . �,z� a o �: ..�I 2+ i' � _....--°". '_��._�..._....-.__. `- � - �... a a i ,- . .��..:.. :,s.� ....- __.._..--�--_.�..�:sn�.:,,,.�''\i r RATIO 18.78 2 Ot , Q .. . � ,,;,.,�� ._...-- .�_._....._�.._.--'_..__._._�_......_..___..._......---°-'- c u � f' �y��_..�-"" " " g'`""` „� `� Y INCIUDING PULL AHEAD SfiAlLS 18J8 72.52 � Z . _.�:-�—}.+s� Y I� Q m a ¢'�">;�.�j •A PARKING STUDY HAS BEEN SUBMITfED TO JUSTIfY REDUCED PARKING REWIREMENT Q J �� $ ¢ � o k ' W a W � � ,�,_ CALL-OUT LEGEND SYMBOL LEGEND t— � S 5�,�_;�,n\ t. ALL RADII ARE 3'UNLESS OiHERYASE NOTED. � ri � � .� 2 SEE GEOTECHNICAL REPORT FOR NR7}1ER INFORMAiION ON v�i ° '�--K�' '�'" E%ISTING SOILS AND PAVEMENT DESIGN. OO ADA 1RUNCATED DOME DEVICE(TP.)AND �yo ACCESSIBLE ROUTE STANDARD ASPHALT PA�EMENT Q . w � L_n�.,z ADA CURB RAMP.REFERENCE MNDOT pr "O (LOCATION PURPOSES ONLY.�O NOT PAINT) � STANDARD PLATE 3.CONTRACTOR MUST USE MCDONALD�S APPROVEU SIENCILS FOR t/> N ° PAVEMENT MARKINGS.ONLY 1EMPLAiES RECEIVED FROM THE eO 6'N7DE CONCRE7E SIDEWALK (�Ir ACCESSIBIE PARKING SPACE - - , EXISTING CONCRETE PAVENENT U Z Z � FOLLOVANG COMPANY NALL BE ACCEPTED: � J Z j �E OC 14�VADE W1iITE STOP BAR SEE SHEET C12 FOR SICN TYPE ANO MOUNTING � � � � PAVEMENT STENpL COMPANY � ACCESSIBLE PARKING SIGN � LANDSCAPING P.O.BOX 78034 OD �IRECTIONAL ARROW(TP.) Q Q a tl �� ( ) SWSLI4'AT 2'-0'O.0 J °0 5 :i � � �, ROANOKE,VA 24074 O pARKING STALL COUNT STRIPING. STRIPES SHALL BE PAIN7ED WH11E � c� � � ..�r � � A � PH 8�0-250-5547 FAX 540 427-1326 OE DRIVE-THRU PAVEAIENT MARKINGS � � 9 .s -- pp�EMENT57ENCILNET ` L P4-�� ki� QA PROPOSED UGHT POLE � W t a F 4.SEE SHEET DT27 FOR DRIVE-TiRU DETAIL Q 10'TRANSITION Fl20M 8612 TO 3'CURB DEMOUlION OF IXIS7ING PAVEMENT AND CURB N �- v x � o OG BOLLARO � 1RANSFORMER PAD CURB DEMO C � N a Xwsw� ...' '///n/////////F O O ...A..�e... e� ° .�+ .��m-.�« M�CEDONALD'S BRANDED DIRECTIONAL SIGNAGE PEDESiRIAN CRO � � a � • SHEET C3 2 FOR DETAIL SS�NG PAVEMENT MARKINGS � � ° � ,._`__...4 �m.r �4:� yN�.,. . — " ' I C O v � p ° �•,y,� g BUILDING SETBACK c �, � 5 �� O �O MCDONALDS STANDARO SIGNAGE-SEE NOIE 3 = > : . � ■ ■ � PROPERTY LINE v � w � � - ° � (;:��,;%•�� CONCREiE PAVEMENT/SIDEWALK PROPOSE�CURB.SEE DETAIL 3 L L_ti1i�.. DATE c� 5 Z f�/ PROPOSED THREE RIVERS PARK OISTRICT TRAIL 8�28�2013 HEAVY DUTY CIXJCREiE PAVEMENT �\� TO BE CONSiRUCTED BY OTHERS PROJECT N0. Y g p � � 160631010 x BIKE RAC . SHEET NUMBER � E o zo aa C3.1 � a o r SCAIE FEET o` E —�� . _ _. _ __ � � , m � _._ __ _ r_ ,.__ �___ _ _ _ � _ . .___ �____ ,. '�1��.�.��.y�•._3�_ �_ �,, �. _ : _ - _ ___'�_ _ _' -�'i- _ _�=- _�-- �. y=_ � .__ _' ._ _ _ � 5 � - ,_��_.�:.��.: s- � T . , '— '_-- °'- i .�.L � � _ _ ___' r ��-�-=��- _ F ' L-.�" � ' i � * ` ' - , - - � .. ---�� f�_ " " . .�_. _ . . . :� � _ . . � �. � �� y ; - -_ _ ._ _ _ ' y� �� _ _ _ � ,- .-'_• , 2=-.`}. _ __ _ _ - =s�_ _ __. � _ �.� - ... SCALE FEET � _ . --��' �- --'�_�-^' . . . . . . . . . �._. -._. . . .�. .r �� . - - � . --_. 1 0 Z = S ' _. "' '_ ' � `. ' - �� — t >70 FT LANE � i _ . . - - - • - • - - - . . - - -- -, : ,--_. . : . � a - f . � PROVIDED IN { _ _ > - C> �,-5 ' ° - ° a ` � _ __ ._ __ __ _ — _ __ _ ACCORDANCE WITH _ - �„ . �— _ � �" — . . . . -_ . SECTION 534.07, � r' - - _ � _ - . • . - - - - . _ . . . . . . � SUBD. 7 �. - � - • � _ . � � �. �v �,��.,-��-�.:- �u�- _ _�u �- _ ! , i_ � \ m _ _ _ _ . 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EXACT DEII�ERY Hd1R5 TBD.DELJEVERIES'MLL NOT BE . � � MADE�URING HICH PEAK HWRS(BREPICFAST,LUNCH.OR SHEET NUMBER DINNER)SUCN THAT IT WILL MINIMIZE PARKING AND ' qRCUlA7tON. = x � �3 0 a � a i� -i� } m ` ,o.� w � � � HoTES� � � �:�• :� A5B SERIES a ��i . 1. THE FOOTCANDLE LEVELS AS SHOYN ARE HASE➢�N THE F�LLOYING a e � `�'��*y`l,�\,�L�,�„\�"?,_��\„�,�'i CRITERIA. ANY SUBSTITUT[ONS 1N SPECIFIED PIXTURES�R CHANGES A 11��ad�.smMe anE di:ectlav��y�Wy1 sys:em � ��,��i,,,,,� � �} \ TO LAY�UT WILL AFFECT LIGHTING LEVELS SH�YN AND WILL N�T cks.�+r.ayfcrmxdmu�rtad.wayaro7c:tuAe.�esnf "j BE THE RESP�NSIHILITY OF SELURITY LIGHTING. m;�,yp,�ry,=�,��gi36��.,��,��F� �~� �~� 0.1 0.2 0.2 0.1 0.1 0.1 0.1 0.1 0.7 � 0.1 0.0 0.1 0.1 0.�'< 0.0 0.0 0.1 0.1 0.1 0.1 0.1 0.1 0.7 0.0 _µ0(0�D.��Y 0.7 v'0.1 V 0.2 V 0.2 02 0.2 0.2 Q.1 0.1 0.1 0.1 0.1 0.1�. 0.7 0.1 0.1 0.1 0.1 `�.1 0.1 0.1 0.1 0.1 0.1 0.7 0.1 0.7 0.1 0.1� 2• THE C�NTRIHUTION�F THE METAL HPLI➢E SOFFIT/HUILDING upiu45°SiatceMx'uaxal;ocpYdnivtpe,7artHrcG z r FIGC dI'!1�:IW^� �LS OI:C[JTf�F.1 fI1C:3R'�^ �x `� �� LIGHTING IS NOT REFLECTED IS DRAVING. v u�� o.� o.i:; o.�. o.i o.z o.z a.z oz o.z o.z o.z o.� o.i o.i o.i �.,ai o.i o.i a� o.i a:7 o.i ;.aL---.o_i..._��._._.aa..._st.i---q.?_�4> > : ,. oN TN �p� �0.1 :(�1 0.2 0.2 0.2 0.2 0.3 0.2 0.2 0.2 0.2 0.2 0.7 0.1 Q` 0.7 0.1 0.1 0.1 0.�0.1 (�f.t 0.1 0.1 0.7 0.1 0.1 0.1 0.7�'�; 0.1 0. 3. ➢ISTANCE BETYEEN READINGS �� a�:e E 0.7 O'1 0.2 0.2 0.3 0.3 0.3 0.3 0.3 0.2 0.2 0.2 P.2 ;•'��\ Zti 1 O1 O1 0. 0.1 ,�D.1 0.1 0•1 0.1 0.1 0.1 0.1 0.1 �:,0.1 0. 4. FINAI ADJUSTMENTS T�AIMCN6 ANGLE/DIRECTIDN�F FIXTURES MAY Z $ 7\, O ! � \\�`�,\�" PASS OR GLARE�NTO - - �p�,7�0.1 i�.2 0.2 0.3 0.,3�� 0.4 0.4 0.4 0.3 0.3 0.2 0��0.2��U.2��O:Z-�"Q7'<!��'0:2-'II�;'0.7 �0.2 0.2 0.2 0.2 0.2 0.7 0.1 0.1 �':0.1 0. BE RE�UIRED T�ELIMINATE LIGHT TRES tn � x r , .. __��.__„ '..__...- � I ADJ�INING PROPERTIES OR ROADWAYS, S '�j r 'D.7� 0.2 0.3 0.4 �,4 0.5 0.5 0.4 0.4 0.4 0.3�,,;0:3 0.2 bc�,'0.4. 0.�_:_g.4_ a3-,_U2�0;2 0.2 0.4 0.3 0.3 0.3 0.2 0.2 0.2 0.1� 0.1 5. FOOTCANDLE LEVELS SHOWN ARE MAINTA[NED. W a��o j. r p�2' 0;4 0.4 0.5"a�0.5 0.6 0.6 0.8 0.7 0.7 �5:4 � 0.4 0.5 0. �,07 0 Z�., 0.8 0.4 0.3i; 0.4 �OJ 0.6 0.5 0.4 0.4 0.3 0.2 0.2 t0.2 0. MAINTENANCE FACTOR USED ON THIS DRAWING IS .75 � 5� ! 9;�. •0.�`0.5 0.6 0.7�A7,�OJ OJ 0.9 1.0 „k,� �#.5� 0.8 1.4 �t' 1J �'�F.-7° �.3 1.0 0;+� 1.3i 1.7 0.9 0.8 OJ OJ 0.4 0.3 0.2 �0.5 0 �``'�- � ''�'��'. .. , ._.__...__ � ... � #'0.1.;,Q 3 °p^'Y�:^y:p°="'9:�'°'"t°b"� 2.2 i T,� 2.8 22 7.7 1.7 1.8 23 2.5 1;7 2�2 1.6 1.4 1.2 1.1 1.2 0.5 t.a 0.8 0.6......�� 0.30.30,2�� 0.2 ��`�� . �y`, yi 0.6 0.8 0.9 0.9' `0.1 ¢�, � � � �- _ .: �.- - t -�..�- �.. � • _ -�..�-��-3- -�_.�.��._�.-.�-�- -� - .5...._... . 0.3 •� ...�...:.�.?. ..:.._.::� . � . f . . .6.3�' .0.. . .: _., - 0.80.7 0.50.40.a 0.2 =o.i :.aa.°�d.a °:"�,;_•: �.�•- �;'�. _-� - Fixture Suer�Fcahons o �. . �....•- . ...•. -. ;.�... . . •�... ,. ,. .:••��•: ,, _��_.�... � ... -,-.. _ _� ;: o:i . . � j '� ',�j60.8 • . .• .. � � 0.30.3 1 _ z i �g�?�'�7 � �,1 •2.7 2.1 Y 2.0 26 S 4.7 8.2 10.1 8.9 6.9 4.8 4.8 4.7 8.2 8.7 9.2 8.6 4.3 I 0.8 _ O.i�tA�2r 1 7.4 I •:<rtrcaa.�m'rwm�ousng •ry^.x[:�Ca.arxMcaCxrcna: 0^5' i 1.2 0.70.50.4 0.2 .k�nsmw��panuudiae xuxe 7.4 q 7 x0:�` '0.71.2 I _1 3.7 3.3 2.7 29 3�7 4.9 BB 8.7 8.2 5.3 5.1 5.2 5.2 5.5 8.9 9.0 5.7 4.9 4.6 4.4 4.4 6.9 9.0 8.8 8.6 3.8 3i 24 7.0 0.40.3 cunAV..smu�'r5r.l�a_v •nuWestv+y�ava3�suCx�t:"- E - C cu[yRStidd 0:1 �.�. � 1 OJ0.50.4 0.3 '.hy _ ".1r.s-....'_,J^'_ O 1D,��.O.G � o •aie.pti•��e-eaEiass�cs •eao,a:ont c,cc�ytvr _��, � "f�0:3J� �' +T�•r,�^.r y 111.7 1 .9 4.5 4.5 3.6 29 3`2 4.2 5.0 5.6 5.1 4.6 3.8 3.4 4.0 4.8 5.4 5.5 3.4 3.5 4.3 5.1 7.3 8.1 5.0 4.3 2 2.47.5 0.9 0.40.3 1 •�k��+�i^hWr�*��x'�� o�cns ��" � � O.1 p{�? ��'. � I . . 1 O 0.60.S0.S 0.3 � au:rtwr:�raic's�nmr., �tr�+xsixw+�m�arnt[rY�eF{ _ ... 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PAVED SURFACE REPDINGS �r�`-+"��*`rs" wm ar vr �:r ma ,v : � � ;,�i=dit,l��j0.30.5 2. . . .2 3.3 3.7 3.1 .1 1.�1.00.8 0.6 0.4�.3 �� ,...�'�; .5 B.0 6.5 3.6 2.8 6 0.50.50.4 �•3 ��N � �� a 0.1 : ��'?0:� 1 Average 3.9 � +emwc�v.��mw J ! ;i0.� Maximum 70.5 1 pgg X �pppppp� � p� �j+ � 4 , 2i `..`_�.723 1 .2 7.8 4.8 3.8 2.7 1I8 1.5 1.6 7.7 1.6 1.3 t.i 1.1 7.2 7.4 1.7 1.7 1.6 2.0 2. ,3 0.�0.80.7 0.5 0.40•3 Minimum 0.7 � � ' E . ❑#� �� 5 0.1 ' : O�S•i 6 0.50.40.4 0-3 Avg:Min 5.62 �, � w..e.� ,� �1:_ � Max:Min 15.00 q ?1�.3�'�' ti 11.7 � 1.0 0' 0.7 0.5 0.30.3 � MOUN19�6 awACi�i oROExINB �.: 4 .1 4.4 4.2 3.0 0.6 0.3 ua kg�ucsma.� ��a�x� _ BIFORMA7IDN " � �o.t o.tp. 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S�kmx� o = �PRQJECT WIND LOAD Cft�TERIA BASE�ON: }„��H��T �� + Ec'.+iR �,�,,,�� QO O � ' ASCE 7-10 WIND SPEEDS (3-SEC PEAFC GUST MPH) �- ��Y " � �j � n zv.��.._'__......_._..__'___.. .... .,. . �q=�.,r,.^-^ . ................... o � 50 YEAR MEAN RECURRENCE INTERVAL " ` � �;p-,,,axs,• � tD - o ; � � w U o � ..m��a�w�,c.� � ----._...._.....___..._ � � � ` __�...��. . _ .�..�.: v NOTE: �,.a„�_ - > . rxr:3�"ru��,vasx�tt ` ... ,�a;;� ALL ASB FIXTURES TO BE INSTALLED TILTED AT A ' U o � - Z NIItHt,�`9�?OLE'f08E �.,....m......,...s,.« .. � � i 30 DEGREE ANGLE UNLESS OTHERWISE SPECIFIED. o EMBEDOFDINF0UN6ATI0N� ; � o ».<�a« 3 L � � DATE 1 AOFI�Y•SM1:M.H1C£U�.:M:wC � ; - BUILDING LIGHTING WILL BE INCLUDED ON THE \ ��T ,_ B/28/2013 Y � FINAL PHOTOMETRIC PLAN UPON COMPLETION OF BonOMAUi�atre � p •:F „ ` ,��,<.„.:,� PROJECr No. 6LDG ELEVATIONS AND ELECTRICAL PLAN. ��'i� '� 7 606 31 07 0 E ; 0 2a 40 ��N� � � SHEET NUMBER ' � E n�u uort�w o»r�xvr�*s�w.wnrimx xie rwurza�wwmn wr� SCALE FEET � �'� C�.� rn � .�n umr.a�nm,Fn ruo�noa�x nrmn�c nm uuwnrnw oonw�x�ss�m ANCHOR BOLT DETAIL Po��B w...:n. � ,�„� ,t;,,,�.c,.�,,,,,��,..,..M,,,,,.:�,.��.�.e�r.R.o�cm �oesa,za�ane•a�raw�:a.a�eoou�•:o��,c�aaa�saa�ase•�:��:s4�.m-osn-rMava�sewz 3 vri�nw Ix¢¢mIG�L�ar�4E.lmx¢�x tMS,�vm nrint rNlNre R¢n mmtnoa O e O � i � - i � } � : _ m - . , � _ �.a..��.�::..� ,_ = a A ,rf _ _ _'__ .'_._. ..._.__ _ _ _ o I :: -. „ : : :.; .::. a : :3 n; _ ` �• .. .- -�----__....--- � ' :i: �` _ 'ffj�: � _ ' ' :.. : e v �q — a . �. ; .i........ 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'_'._.._._.._ ..._-AT MANRITY o m W " � �c ^ � \..__..-.... ......."'... _.'__'.__.....__ . _ "' ' .__._.___.__^_--_..._._..._....._.._.__" . .. . -_......___....... .. rn � .. �._� . _._.____....._ _ ""_' ' ._..____..._._ ��-w-..-,�, " '_ - ...-..,�,,._..-�.�--�e. � •_' ., i� _'_ _ _ �„�_-z......�-._'__=_,�m_�._,:.-_" -�_�__.�, _ Q ^ � �� __._._._... '.._...�. _._ � ......�_.�_.� . . _.. ._...... . . ".i::��. .,,��,...-.�:a � ...-.. �-.! 'y;...;.. _........ .... ..... .......... ..... . U � _ _ �. � . . ...._........__._._"...u�cn��a.:-t.=m�::'^^;;j'<_'"... ..,... w e : `P� C! /_..•., _..._—. ...__... p u Z �g PLANTING SCHEDULE � J � o DEqDUOUS TREES 9 ; � QT! SYM COMMON NAME BOTANICAL NAME SIZE ROOT SPAQNG REMMKS a e O � 5 NWM NORTHWOOD MAPLE ACER FUBRUM'NORTHWOOO' 2.5'CAL. B&B PEft PLANS S�NGLE$TEM.SPECIMEN 9 n a so ao EVERGREEN TREES a � . ¢ o qT( 5yM COMMON NAME BOTANICAL NAME SIZE ROOT SPAqNG REMARKS U � � � PLANTING PLAN 5�,� FEET 3 BHS BLACK t11LL5 SPRUCE PICEA GLAUCA B�.HT. B&9 PER PLANS = � w „ L�.� Z AP AUS7RIAN PINE PINUS NIGRA 8'�HT. BdcB PER PLANS Q � ; ORNAMENTAL TREES Z � ` qTY SYM COMMON NAME BOTANICAL NAME SIZE ROOT SPAqNG REMARKS J ^, s J ' 7 PRC PRAIRIE ROSE MALUS'PRAIRIE ROSE' 2"CAI. B&B PER PLANS S�NGLE STEM,SPECINEN y g 6 SAB SERVICEBERRY'AUIUMN BRILLIANCE' AMEIANCHIER%GRANDIFLORA'AUTUMN BRILLIANCE' 2'CAL. 8&B PER PLANS SINGLE STEM,SPECIAIEN � w : � . 8 ISL ��ORY S�LK LILAC SYRMGA RETILULATA'IVORY SIIK� � 8�HT. 8&B PER PLANS NULT STEN.SPECIMEN {p N 'a �RUBS w ¢ E pTY SYM COMMON NAME BOTANICAL NAME SIZE R00T SPAqNG REMARKS J Z j � �`� 74 EDW EUONYMUS DWARF N7NGE0 EUONYMUS ALANS'COMPACTUS' H3 POT CONT. 72'OC - � � � °0 5 1. SEE SHEET L1.2. AND L7.3 FOR PLANTING DETAILS & REQUIREMENTS. - Y i � 2. INSTALL SOD TO LIMITS OF CONS7RUCTION IN ALL DISTURBED AREAS UNLESS 0'THERWISE NOTED. SOD SHALL BE MINERAL TYPE, PRIMARILY COMPOSED OF KEN7UCKY BLUE GRASS. z� NFS NEON FLASH SPIREA SPIREA JAPONICA'NEON fIASH' MS POT CIXJT. 36°OC _ � a 3. PLACE PREEN IN PLANIING BEDS AFTER PLANTING AND PRIOR TO PLACING MULCH. ss FPR FO%I PA�EMENT ROSE ROSA RUGOSA'FOXI PAVEMENT' �J POT CONT. 36'OC - � � c ° 4. INSTALL 4� OF PREMIUM DOUBLE SHREDDED HARDWOOD BARK MULCH IN ALL PLANTING BEDS. INSTALL 3' DIAMETER MULCH RING AROUND ALL TREES IN S00 AREAS. ao rew TAUNTON YEW TA%US%MEDIA�TAUNTON� �3 PO7 CONT. 48�OC _ y W u $ 5. INSTALL 3/t6�x4" BLACK STEEL EDGER. WITH 4' STAKES AT 4' O.C. MIN. WHERE SOD ABUTS PLANTING BEDS. TYPICAL ON ENTIRE SITE. s MKL MISS KIM LILAC 5'Rt�NGA PANLA'MISS HIM' k3 POT caar. eo"oc - =p = i ; 6. INSTALL 18" SELECT TOPSOIL BORROW IN ALL PLANliNG BEDS PER THE DETAIL. ie DGN OART'S GOLO NINEBARK PMYSOCARPUS OPULIFOLIUS'DARTS GOID� kS POT caaT. aa'oc _ C � Jy 7. INCORPORATE COMPOST AND PHOSPHOROUS FREE FERTILIZER INTO ALL PLANTING BEDS AND TREE PLANTINGS PER 'fHE DETAILS. aa MJJ JUNIPER,MINT JULEP JUNIPERUS X CHINENSIS'MIXJLEP' �yJ POT CONT. 60"OC p a ¢ a 8. IRRIGATION TO BE DESIGNED AND INSTALLED BY OTHERS. IT IS THE LANDSCAPE CONTRACTOR�S RESPONSIBILITY TO ENSURE FULL COVERAGES AND START DATES. COORDINATE WORK WITH 3� oeN DWARF BUSH HONEYSUCKLE DIERNLLA LONiCERA 3 POT cor�r. as'oc - ❑ � o v IRRIGATION CONTRACTOR AND GENERAL CONTRACTOR. HAND WATER ALL PLANTS UNT1L IRRIGATION IS RUNNING ACCORDINGLY. V � ° � ; 9. PROVIOE SCHEDULE 40 4' PVC SLEEVING UNDER ALL PAVEMENTS FOR IRRIGATION BY OTHERS. DUCT TAPE ENDS AND MARK VATH #3 REBAR PIECES. PAINIED NATH BRIGHT RED PAINT FOR PERENNIALS ANNUALS � LL � � LOCATING IN THE FUTURE. SET FLUSH TO FINISH GRADE. > � 10. MAINTAIN SOD BY WATERING AND MOWING FOR 45 DAYS FROM OAY OF INSTALL. OT' SYM COMMIXJ NAME BOTANICAL NAME SIZE ROOT SPAqNG REMARKS � � � 71. MAINTAIN, GUARANTEE. AND WATER ALL lF2EES, SHRUBS, AND PERENNIALS fOR ONE YEAR FROM PRO�CT ACCEPTANCE. REMOVE WEEDS MONTHIY AND MAINTAIN MULCH IN ALL PLANi1NG �e s�� sh�u oe aao nnn.ar HEMEROCALLIS'RUBY STELLA' p'![AR—,y7 cowT. is"ac _ � � AREAS. DURING lHE ONE YEAR PERIOD. REPLACE ALL DEAD MATERIAL PER DIREC110N OF OMJER DURING THE ONE YEAR WARRANTY PERIOD. ii� cnT WAIKER'S LOW CATMINT NEPETA X FAASENI'WALKER'S LO'K p`fEAR—/�i coriT. za'oc DaTE 3 r 12. STANDARDS SET FORTH IN 'AMERICAN STANDARD FOR NURSERY STOCK" REPRESENT GUIDELINE SPECIFICATIONS ONLY AND SHALL CONSnTUlE MINIMUM QUALITY REQUIREMENTS FOR PLANT 94 �es LIttI.E BLUESTEM SCXIZACHYRIUM SCOPARIUM z rEnrt- coriT. ie"oc - 8/28/2013 � ' MATERIAL � �< BES BLACK E�'ED SUSAN- RUDBECKIA,GOLDSTRUM 2 YEAR- 1 CONL 1B"OC - PROJECT N0. y c° 1606 1010 SHEET NUMBER < < 2 PLANTING SCHEDULE L1.1 � = L1.1 •3 o � o` ��-ao � �ROOF CAP ELEMEM ELEV.+23'-4' m. - T KIN H R � � uF � � S � � � eEya+u ELe/.+21'-4' a c7 2 Z t 2 Lt T ROOF CAP ELEMENi � � � yF L BR ELEV.+20'_3• 2 � B� T/BLK'G O PARAPEf �1_ T/BLOCKING PARAPEf T BLOCKING O PARAPET O_ FtEV.+ �a'-s i/z• �.EV. + te'-9 i/z. aet.+ie'-s i/z• a � � en � O � "� B METAI PANEL gp T/BLOCKING 9 ARCADE � ° � ELEV.+ 15'-10 1/2' S ELEV.+15'_Y .. . . .. . . . ... . _ . . . . .. . .. .. . . . .. . , . 0 cu h . . ci 8 EWS E7tV.+ 10'-B' M� ' B�CANOPY B EWS T WIN�OW Y/WINWW � ELEV.+9'-4' ELEV.+9'-4' wf EQ � q�. ELEV.+9•_4• T/�OOR n � ELEV.+7•_4• L vn X XX o eerallo � cu � � ci \� ACCESSIBILIiY SIGNAGE SEE � GEN NOTE�6 ON A7.0 � W� W� W� w� w� T/SILL J1 / ELEV.+2•_U• / CR W� � T/SLAB h T SIAB 7/SLAe � ELEV.+0'-0' ELEV.+0-0' ELEV.+0'-0' � p re E re en a cu cz ct � a ert a� eui�iNC aooRESS � � �� " eer$NO � 6"H.CHARAC7ER5 �1 NON DRIVE—THRU ELEVATION AND 3/4"STROKE 2.0 1/4" = 1'-0'� 20 FR�T_EiEVA�TION � � � : � �, z �o � � , 7YP. IG TS L BR CJ L MF l CI �',� ° �o° � CJ 1� Yf LE ql TI RO T7 CZ L � 8 av°,.w o,y 81 R 1 2 4 �f1 'oEa`a°C_B � V .s aa 69 T/BLOCKING PARPPET 2 2 t u Cf e � S�ag�g$o' ELEV. + 76'-9 1/2" a J 60,�,°do�� 5 � a -��s-a�� T BLK'G O ARCADE - o N °a o;e v P a ELEV. + 75'-7' " � _ QU. ..EQUA Q= 5�= o�5t° y $e°°�ago 5� � � a°sV��2x •• elcome � ��a;r 's aaoeY. �, e/cnraoPr. � � o T INDOW Q ��.�_��S_, nELEY. �F 9'-4 W7 W7 Q s5��t E m �� X / \ � c��e �6v � / \ o� ��c�u�67� 3 ;a o � \ � r � ^ � �g� �. o°~ ��°S 7/s�LL w� wt w� / \` �� s °p �REVEAL \ 0 05 t a � ELEV. +3'-4' r � / '� �S"s�2 S:5 m � / �\ � /i W ��I�� wt \�� / / s I ay °� �� i S T SLAB �--� - � � m ¢EV.+o•-o• � �� a� � � cx cu � en r� a cu a a� � ci en � eo cox � a . o � a eEmau c� s m �p � aerOwo � � e1 W ACC65191L11Y SIGNAGE SEE 3 3 GEN NOTE�e ON A7.0 � BUILOING ADDR65 81i. qqq CHARACTERS AN�3/4'SfROKE Z NON DRIVE—THRU ELEVATION � 2.� � q. _ ��-Q'r Z z � � o m O � N KEY NOTES: y � �� j= � �j �FAC�PoCI( �CIXtRI1G�TED 4EfJJ.PANEL ❑L LICHf FlXNRE M'N.L SCONCEI-SFE ELECRtICAL �PoPE B011ARO-PNHfEV YELLOW T7 ALUAUNUM TRE1115 STEM 3� �'� 0 p ��i cNi B7-COLO(! � � �fAIDR: LE M.CENf UGNi1NG-SEE ElECfFtICP1 (RNHCI COIN COLLECfOR l2 7REW5 TIE-&1CK SSfEIA Q p � ¢�� B1 �Y�RK ROSE BY IHfERSfATE BRICK C1 �'CfiYSGPE�Bf MEq1-EPA � �UNR//WR DTZ�00 CMU � x W B2�1100UTAR WXEATF7Elll YEt011R A'BY BENEN BRICK Lf-lID LIGNf: Gll 7-888-7�3-71J5 70 OROEit . U7� N HOLL�Y MEf/�l.DOOR-PNNf TO IM7CH COLOR OF L1=UP PN�WWN Fl%NRE n ALUAIINUM TRELJS 2'x B'WALL FASCW S15IEM � �F t��N o �SURROUN�ING YAIEPoPL {�,y�IMEGRV.LGNOPf FO(IIIRE �ROOF GP EIEMENf Bf OIHERS �-REFEFt TO SIM.DEINL 3 ON SHEEf A5.1 M I� g g o � Cl p�UMINUM CJNOPY SYSIEM(C�IAR:COLD) L4�UP ONLY FlXIUNE IX7ERWR WINOOW ASSQAB�Y-IEIAPQtm C1A55 Q��O a y� INSfILAIID OVQtHEM OOOR-PNM TO MATpi Wi � N� 3 3��a � �COLOii OF SURROUNWNG IM7ERW. ML MEfAL LETTFRINO-B/OTXER9 �R��,��W�E PP1M'T�1NTCH -SEE AS5619LY NQi6 a ALUMINUM GNOPY 71E-&\CK SYSfEIA � ❑ORNE-TXRU'MN�OW BY RFA�Y ACCE4 800 S�RIE3,78'SER'ACE 022-0532.00.0 _ ❑ �-CO2=BUL1C CO2 FlLL BOX(Eq'M SCHEDULE REM 49.00) 4EfAL FASCV.-COLOR TO MnTCH CORRUGATEI7 �Me00Nr1L�'S 9GWGE BY OiHERS-UN�ER SEPN1AlE w� H�GVR M1M TRANSaM-MPNUIL OPQi;ELEGfRONIC RELEASE W CONRtOL JOIHr MF YEdL PANEL-SEE II�.O PERMIT. 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Parking Memorandum ■ Su'�e 238N 2550 UriversilyAvenue West St.Pa�l,Minneso�a To: Melissa Poehlman 55114 From: Trish D. Rothe, P.E. Date: August 9,2013 �I Subject: Proposed McDonald's Restaurant Cedar Point Commons 66th Street E&17th Ave 5 Richfield,MN INTRODUCTION The proposed McDonald's restaurant is part of the Cedar Point Commons Planned Unit Development. The proposed 3,915 SF McDonald's restaurant is located in the northwest quadrant of 66`h Street E. and Richfield Parkway with one shared access from Richfield Parkway. This memorandum documents the parking demand calculations utilizing the new land use for the site, and requests a reduction from ttie City of Richfield 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 III restaurants(fast-food/convenience). For a 3,915 SF fast food restaurant, 67 spaces would be required. Section 544.13 Subd 8.(b) of the Code allows for a 10% reduction for parking that is located within%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, 60 spaces would be required for this use which equates to a 15.33 (stalls per 1,000 SF building area)parking ratio. 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 has found the highest parking demand to be at peak shift. At this time the . ■ TEL 651 645 4197 FAX 651 645 5116 1 1 � a� ❑_❑ Kimley-Horn — and Associates, Inc. actual demand equates to one parking space per employee(15 parking spaces) and one space per every three seats allocated in the restaurant(69 seats requiring 23 spaces)for a total of 38 utilized parking spaces,which equates to a parking ratio of 9.71 stalls per 1,000 GSF. The number of necessary parking spaces is lower for a McDonald's restaurant than that demanded by similar establishments due to the tiigh volume of drive-thru traffic. The proposed McDonald's development includes 47 parking stalls,equating to a 12.01 parking ratio. Compared to actual restaurant demand,there will be a 9 stall surplus. INSTITUTE OF TRANSPORTATION ENGINEERS(ITE) PARKING DEMANDS Based on the Parking Generation, 4th Edition manual published by ITE, for a "Fast Food with Drive Though Window" with a 95% confidence interval, this land use would require a parking ratio of 8.69 to 11.27 on the weekdays, and a 6.89 to 10.43 parking ratio on the weekends. For a 3,915 SF building, this equates to a 34-44 space weekday requirement and a 27-41 space weekend requirement. I, , Compared to the ITE parking demand analysis, the proposed McDonald's provides a surplus of parking supply of up to 20 stalls. OPERATION AND EASEMENT AGREEMENT(OEA)PARKING DEMANDS The Operation and Easement Agreement for Cedar Point Commons Shopping Center, as recorded by Hennepin County on December 19, 2006, further stipulates specific use parking requirements for the Development. Section 3.2.5 of the OEA requires 4.5 stalls per 1,000 SF of Floor Area or outparcels, plus 5.0 stalls per 1,000 SF of Floor Area for a single Restaurant which has less than 5,000 SF of Floor Area. For the proposed 3,915 SF McDonald's building, this equates to a minimum parking supply of 37 parking stalls. Compared to the OEA parking requirements,the proposed McDonald's provides a surplus of 10 stalls. 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 Richfield Parkway are provided, as well as a connection to Mt. Calvary Church located directly west of the proposed McDonald's parcel. A Three Rivers Park District Trail will be constructed adjacent to the property along Richfield Parkway and 7 bike parking spaces will be included in accordance with section 544.17 of the City Code. ��-a-� ❑�� Kimley-Horn � and Associates, Inc. SUMMARY&PARKING SUPPLY REDUCTION REQUEST PROVIDED CITY McDONALD'S ITE REQ. OEA REQ. REQ. REQ. STALLS 47 60 38 34-44 weekday 37 27-41 weekend SURPLUS -- -13 +9 +3 weekday +10 +6 weekend Based on the actual demand, ITE industry standard demand, the OEA, McDonald's commitment to pedestrian and bike access, and desire to minimize unnecessary impervious area,this memorandum serves as an official request to be granted a 13 stall parking reduction,from the City of Richfield requirements, in the supply requirement for the proposed McDonald's Restaurant. --a� 6540 Richfield Parkway - APU D 9/2013 Surrounding Zoning R MR-3 MR-3 R R MR-3 MR-3 R R 65TH STREET PC-2 R R MR-3 R R PG2 MR-3 R R � R Q W PC-2 Y R R � � PG2 ' Z Q PG2 ' R R j PG2 � Q J = W R � PG2 = R � G2 U � ' G2 R PG2 FC-2 PG2 I G2 G2 C-2 G2 �, 66TH STREET y0 � C_2 G2 C'2 C-2 G2 G2 G2 G2 G2 G2 G2 G2 G2 G2 G2 R R G2 G2 PG2 R R R R R R C-2 C-2 Feet C-2 -General Commercial PC-2 -Planned General Commercial 0 50 100 200 300 400 500 � R-Single Family Residential MR-3 -High Density Multi-Family Residential Path: I:\GIS\Community Development\StafflPlanning Tech\Projects\6540 Richfield Pkwy -McZ.mxd � � � -a� 6540 Richfield Parkway - APU D 9/2013 � Surroundin Comprehensive Plan g LDR HDR HDR �� LDR LDR HDR HDR LDR LDR 65TH STREET Rc LDR LDR RC LDR LDR RC RC LDR LDR } LDR Q LDR LDR W RC � � RC Z Q RC LDR LDR Q RC � J = W LDR � RC � LDR � pUB U � CHURCH � LDR RC RC RC CCO CCO CHURCH �, 66TH STREET �O � CC CC CC CC CC CC �C � � CCO CCO CC CC CC CC LDR LDR LDR LDR O CC � LDR LDR LDR LDR O 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 Path: I:\GIS\Community Development\StafflPlanning Tech\Projects\6540 Richfield Pkwy -Mc CP.mxc AGENDA SECTION: PUB.HEARING AGENDA ITEM# 12 REPORT# 202 STAFF REPORT �' � 'f' CITY COUNCIL MEETING ' � SEPTEMBER 24, 2013 ' REPORT PREPARED BY: MELISSA POEHI,MAN, CITY PLANNER N,v�rc,TiTLc DEPARTMENT DIRECTOR REVIEW: � SlGNATU OTHER DEPARTMENT REVIEW: � SIGNATURE �� REVIEWED BY CITY MANAGER: � 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 Parkwa . 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. In essence, this replat would amend property lines for Ryan to deed property to McDonalds and would also accommodate property needed for the proposed Three Rivers Park District trail. If the Council votes to deny the requested amendment, the plat request should also be denied given that the plat approval is dependent upon review of a proposed building, site and utility plans. 092413-PH Cedar Point Commons Platxxx If, however, the City Council approves the amended PUD, then staff woutd recommend that the City Council direct staff to draft the appropriate resolution for consideration at a future City Council Meeting. Staff has not noted any technical concerns with the plat itself, only the policy-level questions related to the consideration of the Amended PUD. If a plat is ultimately approved, the resolution should require the Plat documents to comply with the City Attorney's "plat opinion." III. BASIS OF RECOMMENDATION A. BACKGROUND . 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. $. 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 include the 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. II C. CRITICAL TIMING ISSUES I . 120-DAY RULE: The 120-day clock `started' when a completed I application was received on August 5, 2013. A decision is required by December 3, 2013. I p. 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. 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 I • Mark Kampmeyer, Ryan Companies � a - � RESOLUTION NO. RESOLUTION DENYING FINAL APPROVAL OF A PLAT FOR LOTS 1, 2 AND 3, BLOCK 2, CEDAR POINT COMMONS I I WHEREAS, Ryan Companies ("Applicant"), has requested final approval to I, 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 Conditiona� 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, September 24, 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 September 24, 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 � I a ' � 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 Gity 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 24th day of September 2013. Debbie Goettel, Mayor ATTEST: Nancy Gibbs, City Clerk � � a- � 02013 Westwood Professional Services, Inc. Call 48 Hours betore diggfng: � �`. �� \ 811 or ca11811.com ry� Common Ground Ailiance ' I_ �� v`L_L/i-�)1� � , '�. � � ; i � " LEGEND I I'`. °. r � � � I �%� ��- - $Bg�J�7.�.;"W�3f.83 _ 1 4- S/GW-7RAFF/C/07H£R � WJKNONN MANHOlE 0 123 - ; g . � . I I-�40.933� ` '=-500°OZ'27£12.50 h? �� i ` ua carz v��vF - p c�ece rv eox ,) : ; ' : � �,� I ry — � - - a� y �. ` � smeer urc � HYDRN✓T � � �---35- ` � £LEC7RlC MANHIX£ —�'✓— �BCE N e —�— POIS£R UNl�RGWOUND m �0�QSE �s SAH/TARY MANHOLE I «',�0'_-�. AYENUE SWiN � \ � CATCH BASYN —5'�'�— SANITARY SEIf£R �-.,�-e��zo I �I - I i.vT „ ( ,� °'M'e �.� �`� , —sro-- STORM SEif£R .%s-et o _ � � � cas vu� � , ` I L 0 T 2 I ^'� __ _ __ l '9.- STQQM MANNCYE —A�— WA7FRMA/N I �. %.� 845. . ^\. -"'- '--"� � --x'— F£NCE UNE ti; \ M;,,-��1! �. Q I TO 7EL.£PHLWE BOX m '_ I � l� — ..SE�ea I ; � _ _ � CAYCRfiF SURFACE �-.r.°�;'"� 6/TUA!/NOUS SURFACE � yD---.. # � u� $� � �„ � � �J��n i r t „� 1'�•.. ° " � .x.�.n�asr I I . � v!i v i � ,75f"" �. � �� n.ww+e�azr � ��) �.:. i0 �> ' I I ; _ _ : 4 ��! _ _ qa. W , I C� SURVEYOR S N07E5• I [ 16a � \ ' �� I `<� 1J fie Beorings shown ore 6osed on the p/ot o/CEOAR POINT COMMONS S88°5733 W 173.26 e" �� > I , rv�-- - .�°v � _ U �� 2) £levations are bosed on NAVD '8B dofum. Benchmark: Top Nut Hydront NW Quod of Richfield �a I f �� ; _• . � I �) Porkway ond 66th Street = B4B.38 �J — — 1.�, - za?-- ` `!: �. . `> I 0 � � ; y u " _ # I F� 3) Field work lo�existing conditlons wos completed on 12-76-20i1 �-" j�` N ,�, I � I� � � �� '.� �� I �j 4) Proposed site plan informotion p�ovided by Kimley-Hom ond Associotes lnc. ;c � �Iz £ �,. E �- `BLOCK � ;� ,_ I �u I O � LEGAL DESCR/PAON.• g � � � �. - '�f �� I Ij^ Lots 1, 2 ond 3,�Block 2, CEDAR PA'NT COMMONS, occording to the reco�ded plat the�eof, Hennepin � I y I � : I , r^` "'�� County, Minnesota. � ° � ' , � � �, � � ��>,„�,a, � �� G, � 8 ��„� ` i I i '� � ;' ; ti � � �` �R,.-�„� ' ,�� } m.e.J.e. �) iJ' z I I N �""�z' o DEVFLOPMENT/NFORMA170N I h ,:,,, �. ,�.,. � \' I I � � I E�'9 , 5 CURRENT ZONING.• PC-2(P/anned General Commercio!) t �� '� 4 � � M I!r� ,� ---aa6 � ' � ! BUILOABLE LOTS 2 y I � I .�� "�� ` � � I 70TAL SlT£AREA: 1.58 ACRES ` �.� T — ` --�,muw._uax �;1 I�� I � ��J✓ � � �� I I F= � ; .; i�� ,�� __ _g� _ ___________ PROPOS£O S7RE£T RIGHT OF WAY AREA: 0.08 ACRES �. .�v�vd�w vi v yI LOT 1 AREA: 1.05 ACRES I ,� I C, I ` I � ? � � I LOT 2 AR£A: 0.45 ACRES I :1 �s� I.... �� .'�- � M/NIMUM LOT WIOTH: 172J6 I = �or � a � � i Q I � i� -� �; ,��itl�i 35 e-- �� ` I MINIMUM LOT WIOTH PfR ZONING ORDlNANCE.� 90 �~ �f � I MlNIMUM LOT S/ZE 20,909 SF I [ � ' .�, , � � � . [ � � � . f �� MlNIMUM LOTS SIZE P£R ZONING ORDINANCE.• 9,000 SF 4 I , ; !p a� . � �. � m� : �—t � r ' µ " - � SiTE L1ES VN7HIN FL000 ZONE X � 2 h I - I. I�� .f : : pOI1p��-»� E �� I SITf OOfS NOT LlE WITHIN SNORELAND DISIRlCT V '/'-- �.�I I` , ��<.._ i �Pl� HVENGE SAN11� ��ay5� . E� I � � �;I 3 ( 1 1 �� ! 1 1',, �,a,� .��o� � OWNER 5UBD/VlDER � I ?`F: I 01� ...,_ _.�'°q'G4jo'�93j4` � \ � °�s � �$?B �... >6u ' Q RYAN COMPANIES US, INC. �,� , {zo--- (a��¢Op� .... F'�� "� � 50 SOUTH TEN7H S7RFET, SUITE 300 � ` ro` �` _ � 4�yo ?3- �.`,� " .. . . \ M/NNEAPOLIS, MN 55403 � 0 � ' 4 �' _ `�•�oa-�' "�� :;.. '_.�� ZI _ � ' � Sas�`' �.'�� \ '`'�zesvo�„ \ ` .�2 � `�'° ry - � L 1i603 , g T• �,_ - _.:.: . � aN� , � � - N88i6��:57*E...1!57 14 ��a �6 °f6' w � \ � — — — ` — — — — _ _ V Y� �� n.�a�xar ,�l /� r..s=uaa�� Sto . rs>;,_ea�e - . w...alo.�� e.e`.oce � /"_. .-�-'� /. 66TH�STREET EAST 5 s,� - �-a..sz� . ✓-%L�GJ8.6I Mr.Sw.y9)1 a � _ � a s*�-� � ' € �— - - - - - - - - - - �- - - - - o' so' so' so' - - - - -� I �- - - - - - - - - - - - - - - - - - - - - - -1 II 20115123PPFOt.tlwg I ne� 3/14/13 sn� 1 or 1 �� ,^�,�^��.�x�� 16di6j�,��--,.�.�y��o, -- _ Cedar Point Commons 3101 f21h86M d1rtR wpvrYbn uC tbt 1 m• �V� SI CIOW.YN fi8303 oJa 6e Yn N 1!e Gah W IOw��s UND SVAVlitll a,�, �� PIp�iBLQd fOT: "", '�°'"°`�°';G°�,,. `�" Ryan Companies US, Inc. Second Addition preliminary e�,��. �� we,ka a.won b.,c) P� e�.��a� `�°� �'�` Plat FNt 3E0.9p0.)t99 �� roumff �-eee-z�owes Nathm H.CarLaa - 5D South IOth Strcet.Suite 300 r�u w.M..►./a.� Minneapolia. MN 55403 W@SfVY00C� whw.wmwmapa.com p� 3l14/13 T�„� A5873 -- — Richfleld,MN � _ Ia - �I --- _ �'�'��I� I�0/l1�lT CC?MMO/V�' �!�'�"�NLa A��/�'/QlV C.R. DOC. NO. � � , ` IINOW ALL PERSQMS BY 7HfS£PR£S£Nl'Sr fiat Rynn Companies US, /nc., o Minnesota corpo�ation, /ee owne, ond BbfO Harris Bonk Notional Association, a notiono!banking � I �.��-�� . 1 ossociutlon, mo�tgagee, o/the fo!lowing descrrbed p�opeity situated in the County of Hennepin, '�. '-� ' State o/Minnesoto, to wit: I �L_Li-ii� 1 I I Lots 1, 2 and 3, Block 2, C£DAR POINT COMMONS I I i v.i � I - •r � ` Have coused(he same fo be surveyed ond plofted os C£OAR FO1NT COMMONS SECOND AODIDON and does hereby donote ond dedirote to the public, for II , public use/orever, the public way as shown on this plat. 13�'��ZZOO � __, � ln witness whereof said Ryan Companies US, lna, a Minnesota corporation, has coused these presents to be signed by I I �g�'�'W ';�S00°0227'� 0 1 �"' ��, = ` its p�oper olficer this day of . 20 . 12.50 9 3 V I O ` S/pJEO: RYAN COAIPAN/ES U$ lNC. I y ` By rrs � W` � Beorings shown are bosed upon the the west line o/ I V' ` STATE OF MINNfSOTA Block Z, C£DAR PO/NT COMMONS hoving o bearing of ��-�- a .` ` COUNTY OF Nortb 00 deg�ees 73 minutes 00 seconds Eost. �-v� .. �a W 30 O 30 60 90 I � � n� , � A�e foregoing instrument wos acknowledged before me this doy of 20 , by _ �`! /�T !V Q ! its a/Ryon Componies US lnc., d Afinnesoto corporotion, on behvl(of the corporotion. � Scole in feet I �y/ � o ' � � � i t,� By r ` Nota� Publ�c, • Denotes i�on monument found + yy j Y County, Minnesoto Notory Printed Nome I � � \- � � �� My Commisslon£xpires :lrlln/�r� � �� o Denotes T/2 7nch by 14 inch iron monumenf I � �//�v/ �� set and marked 6y License No. 45873 ,� �� s� ln witness whereof said BMO Horris Bonk Notional Associotiar, o notionol banking ossociotion, hos coused these o I I _ � C j p�esents to be signed by its proper officer this doy of , pp 589°57'3J"W � I i_ �sja4 , `` i \� S/QVED.• BAIO HARMS BANK NAAQNAL ASSDQ�AAQN � I� s I Hi �� I I-� e o I � � / /� ♦ 3 i � �� BY its `W' o I BL O(iK / e�� (� �� S7AT£OF MINNESOfA N y I �. I g N � �� I 1_ C�U/V N�f O ^�` m I " I ��i Se foregoinq instrument was ocknowledged before me this doy of , 20 , by c I I _- ' �l of BMO Ho�ris Bonk Notional Associotion, o notionol bonking association, on behol!of the association. � W � y I � � L0; � " s `> � ��j er � I �u� �i �J` \� Notary Pubhc, County, MinnesoEO Notary Printed Nome n�� I My Canmissian Expires '-+" I o �. j n a°' -� � I v � � /Nothan H. Cor/son do hereby certi/y thof tbis p/at was prepa�ed by me or under my direcf supervisron; thot/om o du/y Llcensed Land Surveyor in the h I � �-� I State of Minnesota; that this plat is a correct�epresentatian o/the baundory survey, that all mothemotical dota ond labels ore coriectly designoted on the �`-T� I NON�TANG''NDAL--� � �� ' plot; thot all monumenfs depicfed on the plot have been or wil!be correctly set within one ysor, thot o!l wote�baundaries ond wet londs, as defined in Minnesota Stotutes, Section 505.07, Subd. 3 as of the dote of this ce�tificote a�e shown ond lobe/ed on the plat; ond thot olI pub/rc ways o�e shown ond F �_ ___ ___ _ _ _ _ _ _ �,� I /obeled on the p/ot. I�� i f; ^ 1< I � o� ��(` �O� � �� i I Doted this doy of , pp_, C� � 1 ' I ��- =� I �o�� < Nathan H. Corlson, Licensed[and Surveyror, Afinnesoto License No. 45B73 °' i ' I I n^� u' u,i i�/lA AA A/lA I^Jc4m �� v V/V/lVl V!V.� - I I �� STATE OF MINNESOTA �=y.07 COUNTY OF IR=aq.pp NON-TANCENI/AL--. i �` I This instrument was acknowledged before me this doy o)_ . 20 by Nathon H. Cadson. i_v,' , °=�5^trts'•--------- ` {�� I � CB_ryl°18�56'E ''_- ` 94 � By No,��-ranccNnno-;" c� Notary Public, County, Mrnnesoto Notory P�inted Name I soa� ` I My Commission£zp/res �'42"IY_c-: 15.34 Iaav-rnraccnnnc---;` -'NQY-TRNGENT�AL 1 d7Y Q�'RICHF/fLO,M/NN£SOTA , J This plot of C£DAR POINT COMMONS S£CONO ADDITION was approved ond occepted by the Crty Council of Richreld, Minnesoto, I NQV-TANCENIlAL-� 6�ry'�N� ---- R°2B6,Qp ot o regular meeting the�eof held this doy of , 20 . l!opplico6fe, the written comments and q�,�o,po- - ,-- La11„jp \ recommendotions o/the Commissioner of Transportotion ond the County Highwoy Engineei hove been�eceived by lhe City I �'��po° d=?°)60,)' \ or the prescribed 30 day period has elapsed wlthout receipt of such comments ond recommendotions, as rovided b �=2�5g o� �=N34°1B2B� Minnesoto Stotutes, Sectfon 505.03 Subdlvision 2. P y IR-zs'po ' �0 CHaff.,3? \ ��°49° •g9.. 565°p9q6°W�_ ` ___ CITY COUNCIL OF RICHFIELD, MlNNESOTA I 540°45'46,W"-.� 5.61 � � -'�'- ```\��f. C-1 ` ��`+� \ I d �o',z46':`� $k�0 ' 'L��O� .� BY Moynr By ar � Clty Manoge� s2 25 � :► �' 1f0.56 NB9°5557$ -' � �V�o 9�S�+g'E ��{y.�� --" TAAPAYER SER�IQES DEP/1R1�M£NT, Hennepin County, Minnesota I pf9 3o5q p �n l here6y ce�tify thot the taxes poyoble!n 20_ ond prtor yea�s hove been paid/or lond descri6ed on this plot doted this — — — -- � NGN-7ANGfNT/AL�� sN6 *(j,2 �N� — doy'o� , 20 . Mark V. Chapin, County Auditor By Oeputy [�c:-rr � ^r��r-r-�- r-n ,^-r ��7 �I l�L_L_ l t_i-i`'r SURb£Y INNSIOA; Hennapin County, Minnesota ° Pursuont to MN. STAT., Sec. 383B.565(1969), fhis plat hos 6een approved this doy o1_ ,pp m � — ��i� -I r� n�/1 ^ / �/vt.l. !\[_/. I v\/. �.��i Willrom P. Brown, County Surveyor By COUNTY RECOROER, Hennepin County, Minnesoto I hereby certi(y thot the within plot of CEDAR POINT COMMONS SECOND ADDIAON was recorded in this office this day of _ _ _ _ _ _ _ _ 20_J ol o'clock,_M. - -- - - - - - - � �-- - - - - — — - - - - i�r-n n p � ,r,��i;-r n rn�r��i I I Mortin McCormick, Henne in Count Rewrder B Deputy w�i s�OO� .��_tii�i� :iVr�ivJC ��t�t�l�lv+v i��r'�i� r-��;- nn�r-r�nni P Y Y + f YYL.i�C.t_/\ ..� ri(/L/l/IV�V Professional Services,Inc. AGENDA SECTION: OTHER BUS. AGENDA ITEM# 13 REPORT# 203 STAFF REPORT � ; '' CITY COUNCIL MEETING SEPTEMBER 24, 2013 REPORT PREPARED BY: c�RYL KRUMHOLZ,EXEC. COORDINATOR NAME,TlTLE DEPARTMENT DIRECTOR REVIEW: � N/A SIGNATURE OTHER DEPARTMENT REVIEW: � N/A : ' SIGNATU >--- REVIEWED BY CITY MANAGER: , i J ITEM FOR COUNCIL CONSIDERATION: Considerafion of appointments to City advisory commissions. I. RECOMMENDED ACTION: By Motion: Appoint persons to fill the vacant terms on the City advisory commissions. II. EXECUTIVE SUMMARY In January 2013, the City Council made several appointments to the various City advisory commissions. Throughout the year, several additional appointments have been made to fill remaining vacancies. However, there continue to be some vacanci�s following these appointments. The City Council continues to accept commission applications and interviews all applicants. Applications have been received and a Special City Council Meeting has been , scheduled to conduct interviews on September 24, 2013. Consideration of approval of appointments is on the September 24, 2013 Regular City Council Meeting agenda. 0924Commission III. BASIS OF RECOMMENDATION A. BACKGROUND • In January 2013, the City Councii made several appointments to the various City advisory commissions. • There were some remaining vacancies following those appointments. • The City Council continues to accept applications and interviews all applicants. • Applications have been received and a Special City Council Meeting has been scheduled for September 24, 2013 to conduct interviews. B. POLICY • The City advisory commissions were established by City ordinance or resolution. Interviews of the applicants are conducted at Special City Council meetings. The required meeting notice is posted in accordance with the open meeting law requirements. C. CRITICAL TIMING ISSUES • Apptications have been received and interviews have been scheduled for September 24, 2013. D. Fn�aNC1aL • N/A E. LEGAL • N/A F. ENVIRONMENTAL CONSIDERATIONS • N/A IV. ALTERNATNE RECOMNIENDATION�S� • The City Council could defer appointments to a future City Council Meeting. V. ATTACHMENTS • Commission vacancy list. VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None. � 1�-- � M .-. � .-a 01 O Q d' � Ln ln CU CO � d' tn Ln Lf� � e- � �- � c- � � � � � d' � d' d' �' � O O O O O O O O O O O � � � � � � N N N N N N N N N N N N N N N N N N �� ` M M M M M M M M M M M � �� X �' �' �' Z' �' �' Z' �' Z' �' �' +-� .,-. +-� ++ .�.� w (6 (Q (4 (0 t6 t6 (0 f� t6 fTf (6 � � � � j � � � � � � � � � � � � c c c c c c c c c c c � rn rn � � � � � � � � � � � � � � Q QQ QQ H � W N U w a v c� a > � Z � o z � o `� � � � � o U � O � Z � J O v� � W y N N � � � � O Z V � � V � � a N � cn c� m = a � o- c� � � _ � � N N N Z � a z �� W > � W � Q � Q = � >