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102715CompleteAgendaChambersSPECIAL CITY COUNCIL WORKSESSION RICHFIELD MUNICIPAL CENTER, BARTHOLOMEW ROOM OCTOBER 27, 2015 6:00 PM Call to order 6:00 p.m. - 6:25 p.m. Discussion regarding Service Line Warranty of America (Council Memo No. 94) 2. 6:25 p.m. - 6:40 p.m. Discussion regarding the median design for the 66th Street Reconstruction Project (Council Memo No. 94) 3. 6:40 p.m. - 6:55 p.m. Discussion regarding the Lyndale/HUB/Nicollet (LHN) Maintenance District (Council Memo No. 94) 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. REGULAR CITY COUNCIL MEETING RICHFIELD MUNICIPAL CENTER, COUNCIL CHAMBERS OCTOBER 27, 2015 7:00 PM INTRODUCTORY PROCEEDINGS Call to order 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. Pledge of Allegiance Approval of the minutes of the (1) Special Concurrent City Council and HRA Worksession of October 13, 2105 and (2) Regular City Council Meeting of October 13, 2015. PRESENTATIONS 1. Annual meeting with the Arts Commission. 2. Annual meeting with the Friendship City Commission. COUNCIL DISCUSSION 3. Hats Off to Hometown Hits AGENDA APPROVAL 4. Approval of the agenda. 5. 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 a first reading of an amendment to the Citys Zoning Ordinance. The proposed ordinance would conditionally permit micro -breweries, micro -distilleries and associated taprooms/cocktail rooms in a number of commercial and mixed use districts. Staff Report No. 165 B. Consideration of the approval of a first reading of an amendment to the Citys Liquor Ordinance in section 1202 that would permit micro -breweries, micro -distilleries, associated taprooms and cocktail rooms in the city. Staff Report No. 166 C. Consideration of the approval of a resolution supporting acquisition of easements for the Nokomis - Minnesota River Regional Trail. Staff Report No. 167 D. Consideration of the approval of a resolution to accept a grant of $9,520.02 from the Office of Justice Programs for bullet proof vests. Staff Report No. 168 E. Consideration of the approval of a resolution authorizing acceptance of Office of Traffic Safety (OTS) funds for a four-year grant to fully fund an officer and fully equipped squad car dedicated for DWI enforcement in Richfield. Staff Report No. 169 F. Consideration of the approval of the renewal of the contract with Chiefs Towing, Inc., for Public Safety towing services for December 1, 2015 through November 30, 2016. Staff Report No. 170 G. Consideration of the approval of a resolution authorizing the lawful gambling premises permit for Richfield Lions Club to conduct lawful gambling at the Minneapolis -Richfield American Legion Post #435, 6501 Portland Avenue South. Staff Report No. 171 H. Consideration of the approval of a first reading of an ordinance authorizing the conveyance of property owned by the City of Richfield to the Richfield Housing and Redevelopment Authority. Staff Report No. 172 6. Consideration of items, if any, removed from Consent Calendar PUBLIC HEARINGS 7. Public hearing regarding the approval of new On Sale Wine and 3.2 Percent Malt Liquor licenses for Minnesota Junior Hockey Group, LLC d/b/a Minnesota Magicians, located at the Richfield Ice Arena, 636 East 66th Street. Staff Report No. 173 8. Public hearing to consider a resolution regarding the final plat for land located at the corner of 76th Street and Sheridan Avenue. This land has been approved for construction of five townhomes. Staff Report No. 174 9. Public hearing regarding the approval of the second reading of an ordinance amending Sections 405, 406, 407 and 408 of the Richfield City Code to remove/correct outdated terminology and references, as well as clarify language and intent, and update State Code references, also approval of the resolution for summary publication of said ordinance. Staff Report No. 175 RESOLUTIONS 10. Consideration of a resolution approving a Preliminary Development Agreement and Right -of -Entry Agreement between the City of Richfield and Inland Partners, LLC for development of the Cedar Point South area. Staff Report No. 176 CITY MANAGER'S REPORT 11. City Manager's Report CLAIMS AND PAYROLLS 12. Claims and payrolls Open forum (15 minutes ma)imum) 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. 13. 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 October 22, 2015 Council Memorandum No. 94 The Honorable Mayor and Members of the City Council Subject: October 27, 2015 Worksession Items • Service Line Warranty of America (Agenda Item No. 1) • Median Design for the 66th St. Reconstruction Project (Agenda Item No. 2) • Lyndale/Hub/Nicollet (LHN) Maintenance District (Agenda Item No. 3) Council Members: The upcoming worksession will include the following Public Works items: Service Line Warranty of America Jeff Milliner from Service Line Warranty of America will discuss their sewer and water line repair warranty program. The National League of Cities endorses this program as an "affordable home protection solution that helps your residents save thousands of dollars on the high cost of repairing broken or leaking water or sewer lines." Median Design for the 66th Street Reconstruction Proiect Hennepin County recently completed a required Value Engineering (VE) study that focuses on cost-saving and added value elements that should be considered on high- cost projects. The VE study resulted in multiple recommendations including the closing of up to six medians along the corridor. Lyndale/Hub/Nicollet (LHN) Maintenance District Staff will discuss the origin and history of the maintenance district, the current state of the district, and possible adjustments to the district for council consideration. Please contact Kristin Asher, Director of Public Works, at 612-861-9795 for further discussion. SLD:jjv Email: Assistant City Manager Department Directors CALL TO ORDER CITY COUNCIL MINUTES Richfield, Minnesota Special Concurrent City Council, Housing and Redevelopment Authority Worksession October 13, 2015 The concurrent worksession was called to order by Mayor Goettel at 6:00 p.m. in the Bartholomew Room. Council Members Debbie Goettel, Mayor; Pat Elliott; Michael Howard; and Tom Fitzhenry. Present: Council Member Edwina Garcia. Absent: HRA Members Pat Elliott, Vice Chair; Debbie Goettel, David Gepner, and Doris Rubenstein. Present: HRA Member Mary Supple. Absent: Staff Present: Pam Dmytrenko, Acting City Manager/Executive Director; John Stark, Community Development Director; Jim Topitzhofer, Recreation Services Director; Karen Barton, Assistant Community Development Director; Matt Brillhart, Planning Technician; and Cheryl Krumholz, Executive Coordinator. Item #1 DISCUSSION REGARDING LAKES AT LYNDALE WAYFINDING SIGNAGE (COUNCIL MEMO NO. 88/11-11RA MEMO NO. 34) Matt Brillhart, Planning Technician, discussed the Connectivity Plan which provided guidance for improvements throughout the Lakes at Lyndale area centered around 661h Street and Lyndale Avenue. The HRA contracted with Signia Design to develop a wayfinding signage plan for the area. He also discussed the responses received via Richfield Connect. Frank Hickey, Signia Design, introduced three concepts for wayfinding signage. He requested feedback to narrow the selection. The City Council and HRA discussed maintenance, lighting, safety and the consideration of a universal design for continuity to be used for other parts of the City. The City Council and HRA consensus was more favorable towards Options 2 and 3 with the use of branding and continuity and addressing maintenance aspects. The concurrent worksession was adjourned by unanimous consent at 6:58 p.m. Special Worksession Minutes -2- October 13, 2015 Date Approved: October 27, 2015. Cheryl Krumholz Executive Coordinator Debbie Goettel Mayor Pam Dmytrenko Acting City Manager CALL TO ORDER CITY COUNCIL MEETING MINUTES Richfield, Minnesota Regular Meeting October 13, 2015 The meeting was called to order by Mayor Goettel at 7:00 p.m. in the Council Chambers. Council Members Debbie Goettel, Mayor; Pat Elliott; Tom Fitzhenry; and Michael Howard. Present: Council Members Edwina Garcia. Absent: Staff Present: Steven L. Devich, City Manager; Kristin Asher, Public Works Director; John Stark, Community Development Director; Jim Topitzhofer, Recreation Services Director; Pam Dmytrenko, Assistant City Manager/HR Manager; Chris Regis, Finance Manager; Mary Tietjen, City Attorney; and Cheryl Krumholz, Executive Coordinator. OPEN FORUM None. PLEDGE OF ALLEGIANCE Mayor Goettel led the audience in the Pledge of Allegiance. APPROVAL OF MINUTES M/Fitzhenry, S/Howard to approve the minutes of the (1) Special Concurrent City Council, HA and Planning Commission Worksession of September 22, 2015; and (2) Regular City Council Meeting of October September 22, 2015. Motion carried 4-0. Item #1 PRESENTATION BY RICHFIELD SCHOOL DISTRICT SUPERINTENDENT STEVE UNOWSKY Superintendent Unowsky reported on the Richfield School District. Council Meeting Minutes -2- October 13, 2015 Item #2 CONSIDERATION OF A RESOLUTION SUPPORTING THE RICHFIELD PUBLIC SCHOOLS 2015 LEVY REFERENDA S.R. NO. 152 Peter Toensing, Richfield Citizens for a Quality Community, discussed the School District referenda on the November ballot and requested the City Council approve a resolution of support for the referenda. M/Goettel, S/Howard that the following resolution be adopted and that it be made part of thPRP miniitPs- RESOLUTION NO. 11120 RESOLUTION SUPPORTING RICHFIELD PUBLIC SCHOOLS DISTRICT 280 LEVY REFERENDA Motion carried 4-0. This resolution appears as Resolution No. 11120. Item #3 COUNCIL DISCUSSION • Hats Off to Hometown Hits Council Member Elliott announced the Monroe Park stormwater project information meeting on October 20 at St. Richard's Church. Council Member Howard announced the following events: • Wood Lake `Night of the Living Marsh' Half -Haunted Halloween on October 17. • Community Conversation: Healing Police Community Relations on October 18 at Richfield Middle School. Council Member Fitzhenry announced the Beyond the Yellow Ribbon open house/campaign on October 26 at the American Legion. Mayor Goettel announced the following events: • Community Center Fall Boutique on October 24 • Pumpkin Patch at the Farmers' Market at Veterans Memorial Park Mayor Goettel acknowledged the thank you notes she received from the Richfield Dual Language School second graders. Mayor Goettel stated she has received an invitation from the Chinese government officials to visit in December because there are Chinese investors interested in developing the east -side of Richfield. Development options include a hotel along 1-494, school, augment the Boisclair project, and an energy digester. She said she cannot accept a gift. The cost would be $2-3,000 and there is a non-profit interested in funding the travel. She requested the City Council provide feedback on her traveling to China. The City Council consensus was to be supportive of the trip to keep doors open. Item #4 COUNCIL APPROVAL OF AGENDA M/Fitzhenry, S/Elliott to approve the agenda. Motion carried 4-0. Council Meeting Minutes -3- October 13, 2015 Item #5 CONSENT CALENDAR A. Consideration of the approval of the first reading of an ordinance amending Sections 405, 406, 407 and 408 of the Richfield City Code to remove/correct outdated terminology and references, as well as clarify language and intent, and update State Code references and scheduling the second reading and public hearing for October 27, 2015 S.R. No. 153 B. Consideration of the approval of the resolution designating the City's contribution towards health, term life, disability and dental insurance premiums for General Services and Management employees for 2016 S.R. No. 154 RESOLUTION NO. 11121 RESOLUTION DESIGNATING CITY'S CONTRIBUTION TOWARD HEALTH, TERM LIFE, DISABILITY AND DENTAL INSURANCE PREMIUM FOR GENERAL SERVICES AND MANAGEMENT EMPLOYEES This resolution appears as Resolution No. 11121. C. Consideration of the approval of the purchase of truck chassis from Nuss Truck and Equipment for $104,981 and dump box/snow plow equipment from Towmaster, Inc. for $109,215, minus $36,000 for trade in, totaling $178,196 plus taxes and licensing in 2016 for use by the Public Works Department S.R. No. 155 D. Consideration of the approval of the acceptance of the bid minutes/tabulation and award of contract for Penn Avenue Street Lighting to LPD Electric, Inc. in the amount of $54,471.40 and authorize the Community Development Director to approve additional contract work provided it does not exceed $25,000, or the maximum of the remaining Community Development Block Grant funding, whichever is less S.R. No. 156 E. Consideration of the approval of a resolution granting Site Plan Approval and Variances to allow construction of a building addition at 7532 Lyndale Avenue S.R. No. 157 RESOLUTION NO. 11122 RESOLUTION GRANTING APPROVAL OF A SITE PLAN AND VARIANCES AT 7532 LYNDALE AVENUE This resolution appears as Resolution No. 11122. M/Goettel, S/Fitzhenry to approve the Consent Calendar. Motion carried 4-0. Item #6 CONSIDERATION OF ITEMS, IF ANY, REMOVED FROM THE CONSENT CALENDAR None. Item #7 PUBLIC HEARING REGARDING A RESOLUTION ADOPTING THE SPECIAL ASSESSMENT ROLL FOR UNPAID FALSE ALARM USER FEES AGAINST PRIVATE PROPERTY S.R. NO. 158 Council Member Fitzhenry presented Staff Report No. 158. Council Meeting Minutes -4- October 13, 2015 M/Goettel, S/Elliott to close the public hearing. Motion carried 4-0. M/Fitzhenry, S/Howard that the following resolution be adopted and that it be made part of these minutes - RESOLUTION NO. 11123 RESOLUTION ADOPTING ASSESSMENT FOR UNPAID FALSE ALARM FEES FROM PRIVATE PROPERTY Motion carried 4-0. This resolution appears as Resolution No. 11123. Item #8 PUBLIC HEARING REGARDING A RESOLUTION ADOPTING THE SPECIAL ASSESSMENT ROLL FOR WEED ELIMINATION FROM PRIVATE PROPERTY AND REMOVAL OR ELIMINATION OF PUBLIC HEALTH OR SAFETY HAZARDS FROM PRIVATE PROPERTY S.R. NO. 159 Council Member Howard presented Staff Report No. 159. M/Fitzhenry, S/Elliott to close the public hearing. Motion carried 4-0. M/Howard, S/Elliott that the following resolution be adopted and that it be made part of these minutes: RESOLUTION NO. 11124 RESOLUTION ADOPTING ASSESSMENT FOR WEED ELIMINATION FROM PRIVATE PROPERTY AND REMOVAL OR ELIMINATION OF PUBLIC HEALTH OR SAFETY HAZARDS FROM PRIVATE PROPERTY Motion carried 4-0. This resolution appears as Resolution No. 11124. Item #9 PUBLIC HEARING REGARDING A RESOLUTION ADOPTING THE ASSESSMENT FOR REMOVAL OF DISEASED TREES FROM PRIVATE PROPERTY FOR WORK ORDERED IN 2014 S.R. NO. 160 Mayor Goettel presented Staff Report No. 160. M/Elliott, S/Howard to close the public hearing. Motion carried 4-0. M/Goettel, S/Fitzhenry that the following resolution be adopted and that it be made part of these minutes: RESOLUTION NO. 11125 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, 2014 TO DECEMBER 31, 2014 Council Meeting Minutes -5- October 13, 2015 Motion carried 4-0. This resolution appears as Resolution No. 11125. Mayor Goettel requested staff review a process for the removal of dead trees from private property. Item #10 PUBLIC HEARING REGARDING RESOLUTIONS PERTAINING TO THE ANNUAL 77TH STREET PROJECT AREA ASSESSMENT PROCESS S.R. NO. 161 Council Member Fitzhenry presented Staff Report No. 161. M/Elliott, S/Goettel to close the public hearing. Motion carried 4-0. M/Fitzhenry, S/Howard that the following resolutions be adopted and that they be made part of these minutes: RESOLUTION NO. 11126 RESOLUTION ADOPTING ASSESSMENT ON 77TH STREET MAINTENANCE FOR THE PERIOD JANUARY 1, 2014 TO DECEMBER 31, 2014 This resolution appears as Resolution No. 11126. RESOLUTION NO. 11127 RESOLUTION ORDERING THE UNDERTAKING OF CURRENT SERVICE PROJECT WITHIN THE 77TH STREET PROJECT AREA FOR THE PERIOD JANUARY 1, 2016 TO DECEMBER 31, 2016 This resolution appears as Resolution No. 11127. Motion carried 4-0. Item #11 PUBLIC HEARING REGARDING RESOLUTIONS PERTAINING TO THE ANNUAL LYNDALE/HUB/NICOLLET (LHN) MAINTENANCE ASSESSMENT PROCESS S.R. NO. 162 Mayor Goettel presented Staff Report No. 162. M/Elliott, S/Fitzhenry to close the public hearing. Motion carried 4-0. M/Goettel, S/Elliott that the following resolutions be adopted and that they be made part of these minutes: RESOLUTION NO. 11128 RESOLUTION ADOPTING ASSESSMENT FOR LYNDALE/HUB/NICOLLET (LHN) MAINTENANCE FOR THE PERIOD JANUARY 1, 2014 TO DECEMBER 31, 2014 This resolution appears as Resolution No. 11128. Council Meeting Minutes -6- RESOLUTION NO. 11129 RESOLUTION ORDERING UNDERTAKING OF CURRENT SERVICE PROJECT LYNDALE/HUB/NICOLLET (LHN) MAINTENANCE JANUARY 1, 2016 TO DECEMBER 31, 2016 This resolution appears as Resolution No. 11129. Motion carried 4-0. October 13, 2015 City Manager Devich acknowledged the letters submitted by Lakewinds Co-op and Dr. Paul Zilka appealing the assessment. Mayor Goettel expressed concern regarding the City losing the ability to maintain the area along 66th Street. Item #12 CONSIDERATION OF A RESOLUTION AWARDING THE SALE OF $5,695,000 GENERAL OBLIGATION REFUNDING BONDS, SERIES 2015B S.R. NO. 163 Council Member Elliott presented Staff Report No. 163. Rebecca Kurtz, Ehlers & Assoc., recommended awarding of the sale of $5,360,000 General Obligation Refunding Bonds, Series 20158 to Piper Jaffray. M/Elliott, S/Howard that the following resolution be adopted and that it be made part of these minutes: RESOLUTION NO. 11130 RESOLUTION ADOPTING A PROPOSED BUDGET AND TAX LEVY FOR THE YEAR 2016 Motion carried 4-0. This resolution appears as Resolution No. 11130. Item #13 CONSIDERATION OF THE CITY COUNCIL'S CONFIRMATION OF THE MAYOR'S APPOINTMENT OF A HOUSING AND REDEVELOPMENT AUTHORITY COMMISSIONER S.R. NO. 164 Council Member Howard presented Staff Report No. 164. M/Howard, S/Fitzhenry to appoint Debbie Goettel as Housing and Redevelopment Authority Commissioner for a five-vear term endina October 31. 2020. Motion carried 4-0. Item #14 CITY MANAGER'S REPORT City Manager Devich provided an update on the coyote sighting in the Jewish Cemetery on Penn Avenue. Item #15 CLAIMS AND PAYROLLS Council Meeting Minutes -7- October 13, 2015 M/Fitzhenry, S/Howard that the following claims and payrolls be approved: U.S. Bank 10/13/15 A/P Checks: 244333-244877 2,739,312.75 Payroll: 113505-114153, 42440-42441 $ 1,138,995.29 TOTAL $ 3,878,308.04 Motion carried 4-0. OPEN FORUM None. ADJOURNMENT The City Council Meeting was adjourned by unanimous consent at 8:09 p.m. Date Approved: October 27, 2015 Debbie Goettel Mayor Cheryl Krumholz Steven L. Devich Executive Coordinator City Manager AGENDA SEC -10N: CONSENT CALENDAR AGENDA ITEM # 5.A. STAFF REPORT NO. 165 CITY COUNCIL MEETING 10/27/2015 REPORT PREPARED BY: Melissa Poehlman, City Planner DEPARTMENT DIRECTOR REVIEW: John Stark, Community Development Director 10/19/2015 OTHER DEPARTMENT REVIEW: N/A CITY MANAGER REVIEW: Steven L. Devich 10/21/2015 ITEM FOR COUNCIL CONSIDERATION: Consideration of the approval of a first reading of an amendment to the City's Zoning Ordinance. The proposed ordinance would conditionally permit micro -breweries, micro -distilleries and associated taprooms/cocktail rooms in a number of commercial and mixed use districts. EXECUTIVE SUMMARY: With the State Legislature's 2011 approval of the "Surly Bill," allowing breweries to serve pints of their own beer on-site, micro -breweries and their associated "taprooms" have opened up in numerous locations throughout the metro area. Richfield staff has spoken with four parties who have expressed interest in opening a taproom within the City. Following a study session with the City Council and Planning Commission on July 27th, at which policy makers expressed enthusiastic support for allowing micro -breweries, taprooms and similar businesses, staff and the City Attorney have worked with consultant Addison Lewis of WSB & Associates to craft the attached ordinance. The proposed ordinance will conditionally allow micro -production facilities for both beer and distilled spirits in the General Business (C-2), Mixed Use - Community (MU -C) and Mixed Use - Regional (MU -R) Districts. Production capacity has been limited to 3,500 barrels of malt liquor and 40,000 gallons of distilled spirits respectively, per year for facilities that include a taproom/cocktail room. These limitations are similar to those that were adopted by St. Louis Park (Steel Toe Brewing) and Wayzata. Micro -production facilities that wish to operate without an accessory taproom/cocktail room have been limited to half of these amounts (1,750 barrels; 20,000 gallons) except in the Industrial Zoning District. State Law allows production of up to 250,000 barrels and communities have approved a variety of limits between 3,500 barrels and this cap. State Law limits the production of distilled spirits to 40,000 gallons and communities seem to have either deferred to this limit or prohibited micro -distilleries. The proposed ordinance will allow the sale of "growlers" and bottles of distilled spirits for off -premise consumption of products produced on-site. The proposed regulations include a stipulation that requires taprooms/cocktail rooms to either provide food on-site or to expressly allow patrons to bring in their own. Additional details and stipulations related to licensing, deliveries, odors, etc. can be found in the proposed ordinance attached to this report. RECOMMENDED ACTION: By motion: Approve a first reading of the ordinance amending the Richfield City Code to conditionally permit micro -production facilities and associated taprooms/cocktail rooms. BASIS OF RECOMMENDATION: A. HISTORICAL CONTEXT None B. POLICIES (resolutions, ordinances, regulations, statutes, etch • Ongoing review and periodic updating of the Code is necessary to ensure that regulations are serving their intended purposes. • The Zoning Code is the manner by which the City implements its Comprehensive Plan and other redevelopment/revitalization plans. • The City Council and Planning Commission have expressed a desire to open up the community to these uses. • Community Development, Licensing and Public Safety staff have worked together to craft the proposed ordinance. • This ordinance will work in concert with revised licensing regulations. C. CRITICAL TIMING ISSUES: None D. FINANCIAL IMPACT: None E. LEGAL CONSIDERATION: • A public hearing was held before the Planning Commission on September 28, 2015. • Notice of the public hearing was published in the Sun Current newspaper in accordance with State and Local requirements. No members of the public spoke. • The Planning Commission recommended approval of the proposed amendment (4-0). • If this reading is approved, a second reading of the proposed ordinance will be held on November 10, 2015. ALTERNATIVE RECOMMENDATION(6)- • Approve a first reading with amendments. • Reject the proposed ordinance. PRINCIPAL PARTIES EXPECTED AT MEETING: ATTACHMENTS: Description Type D Ordinance Ordinance BILL NO. AN ORDINANCE AMENDING THE RICHFIELD CITY CODE TO ALLOW MICRO -PRODUCTION FACILITIES AND TAPROOMS/COCKTAIL ROOMS IN COMMERCIAL AND MIXED-USE ZONING DISTRICTS THE CITY OF RICHFIELD DOES ORDAIN: Section 1 Subsection 507.07 of the Richfield City Code is amended to add new definitions to read as follows and be inserted alphabetically, and by now renumbering all following subdivisions accordingly: "Brewer." A person who manufactures malt liauor for sale. "Brewpub." A micro -brewery with a restaurant use operated on the same premises as the brewery. "Cocktail Room. "An area for the on -sale consumption of distilled spirits produced at the distillery for consumption on the premises of the distillery or distillery -owned property adjacent to the distillery. A cocktail room may also include sale for off -premises consumption of distilled spirits produced at the distillerv. subiect to Minnesota Statute 340A.22. Subd. 4 or its successor. "Growler." A specially designed 64 ounce or 750 ml beer container for exclusive off -sale of micro -brewery facility beer. A prowler shall be packaged subject to Minnesota Statute 340A.285, or its successor. "Malt Liquor." Any beverage made from malt by fermentation and containing not less than one-half of one percent alcohol by volume. "Micro -brewery." A facility that produces for sale, distribution, and consumption beer, ale, malt liquor, or other beverages made from malt by fermentation and containing not less than one-half of one percent alcohol by volume, and which possesses the appropriate Federal, State, and Municipal licenses and which produces not more than 3,500 barrels of malt liquor in a calendar vear. A micro -brewery may include a taproom. "Micro -distillery." A facility that produces Ethyl Alcohol, hydrated oxide or ethyl, spirits of wine, rum, brandy, gin, or other distilled spirits, including all dilutions and mixtures thereof, for non -industrial use in total quantity not to exceed 40,000 gallons in a calendar year. A distillery may include a cocktail room. "Micro -production facility." A facility in which beer or other alcoholic beverages are brewed, fermented, or distilled for distribution and consumption. Micro -production facilities include breweries, brewpubs, and distilleries. "Taproom (Brewery)." An area for the on -sale consumption of malt liquor produced by the brewer for consumption on the premises of a brewery or an abutting property in common ownership of the brewer, which may include sales of malt liquor produced and packaged at the brewery for off- Dremises consumption as allowed by Minnesota Statute 340A.285. or its successor. Section 2 Subsection 512.07 of the Richfield City Code is amended to read as follows: 512.07. - Permitted, Conditional, Accessory and Prohibited Uses in Commercial Districts. The following table summarizes which land uses are classified as permitted, accessory, conditional or prohibited in the Commercial Districts. Refer to Sections 529 through 534 for complete regulations. (Amended, Bill No. 2011-19) P: Permitted A: Accessory C: Conditional N: Null or not Permitted Land Use Adult businesses Animal kennels Apartments within a commercial building S- O C-1 C-2 N N P N N P/C A A/C I C Assembly, light manufacturing, warehouse N N A Auction houses N N P Auto mechanical/body repair Auto detailing Auto or boat sales N N C N N C N N C Auto stereo installation service N N I P Auto washes N N C Barber or beauty shops P/C Bicycle stores N P/C I P/C Bicycle repair shops I P/C I P/C P/C Bowling alleys Carpet or paint stores Cemeteries Convenience store Day care facilities Drug stores without drive -up facility N N P I N P/C I P/C I N N I C I N P I P I C P I P I N I P/C P/C Drug stores with drive -up window I N I N C Emergency shelter I N I N C Enclosed storage Fences, walls and hedges I A I A A I A I A A Financial institutions without drive -up service I N I N P Financial institutions with drive -up service I N N I C Firearms related uses Fortune telling I N N I C I N I N P Funeral homes, mortuaries I N I N C Furniture or appliance stores I N I P/C P/C Governmental buildings Grocery stores P P P N I P/C P/C Health club or studio, spa I N I P P Hospital or 24-hour urgent care I P/C I P/C P/C Hotel or motel (6 or more units) N N C Junk yard Libraries, public Liquor store, municipal Marijuana (medical) dispensaries Marijuana (recreational) sales outlets Micro -production facility (micro-brewery/micro-distillery) Nursing home N N N P P P N N P N N C N N N N N C P P N Office, single -tenant, professional, executive or business I P/C I P/C I P/C Office, multi -tenant, professional, executive, or business P/C P/C P/C Outdoor merchandising or storage (except as allowed by Section 1135 of the City Code) N N N Parking A A A Pawn shops and second hand goods dealers licensed under Section 1186 or 1187 of the City Code Public utility, minor Public utility, major Religious institutions Restaurant, take-out only (Class IV) Restaurant, fast food/convenience food (Class III) or any restaurant with drive -up service Restaurant, traditional or cafeteria (Class 11) Restaurant, full service (Class 1) Retail, general (single or multi -tenant) Schools, public or private Service station Service station/convenience store N N C A A A C C C N N P N C P N N C N C C N N C N I P/C I P/C I N I N I P I N I N I C I N I N C Service or non -auto repair shop P/C I P/C I P/C Taproom / Cocktail Room Tattoo shops Taxi or limousine service Theater, movie or live entertainment Veterinary clinic N N A/C I N I N I C N N P N N C N N I P Section 3 Subsection 512.09 of the Richfield Code is amended to read as follows: 512.09. - Permitted, Conditional, Accessory and Prohibited Uses in Mixed -Use Districts. The following table summarizes which land uses are classified as permitted, accessory, conditional or prohibited in the Mixed -Use Districts. Refer to Section 537 for complete regulations. P: Permitted A: Accessory C: Conditional N: Null or not Permitted Land Use Residential Townhome development MU- N MU- C MU -R N P (but see 537.07 Subd. 2a) N P N Multifamily dwellings (min. 3 units) P P Live -work units P P Assisted living facilities, nursing, rest homes P P N Other Adult businesses Animal kennels Assembly and manufacturing accessory and subordinate to retail use Auto mechanical/body repair Auto detailing N P P C C C N A A N C C N C C Auto rental facilities as an accessory to primary office or hotel use Auto sales Clinics Convenience store Day care facilities Drive -up window or teller service FFirearms related uses N A A N N C A* I P I P P* I P I P I P I P I P I N I C I C I N I N I C Funeral homes, mortuaries I N I P I N Governmental buildings Health or athletic clubs, spas, yoga studios A P A N P P Hotel or motel (6 or more units) N P P Hospitals I N I N I P Libraries, public Marijuana (medical) dispensaries P P N N N N Marijuana (recreational) sales outlets N N N Micro -production facility (micro-brewery/micro- N C C distillery) Offices Parking A P P A A A Police sub -station I P P P Public utilities A A A Recreational facilities, noncommercial, principal use I P P P Religious institutions Restaurant, take-out only (Class IV) Restaurant, fast food/convenience food (Class III) Restaurant, traditional or cafeteria (Class 11) I P P A I P P P 1 N C C 1 P P P Restaurant, full service (Class 1) 1 N C P Retail, neighborhood services I P P P Retail, general services C P P Retail, regional services I N C P Schools, public or private I P P C Service station I N P P Service station/convenience store I N P P Taproom/Cocktail Room N A/C I A/C Tattoo shops I N I P I P Theaters, movie or live entertainment N N P Transit facilities A A A *Conditions apply; see section 537 for complete regulations. Section 4 Subsection 512.11 of the Richfield Code is amended to read as follows: 512.11. - Permitted, Conditional, Accessory and Prohibited Uses in the Industrial District. The following table summarizes which land uses are classified as permitted, accessory, conditional or prohibited in the Industrial District. Refer to Section 539 for complete regulations. P: Permitted A: Accessory C: Conditional N: Null or not Permitted Land Use Adult businesses Bottling operation Cold storage P P P Computer assembly P Electric appliance manufacturing P Electronic components assembly P Food products manufacturing Laboratories for testing or research Living quarters for security personnel P P A Lumber or building materials sales P Marijuana production/processing N Metal products manufacturing P Micro -production facility (micro-brewery/micro-distillery) P Paper products manufacturing Parking Pawn shops and second hand goods dealers licensed under Section 1186 or 1187 of the City Code Rubber or plastics products manufacturing Satellite dish antennas Stone, clay or glass products manufacturing Telecommunication towers Textile products manufacturing Wood products manufacturing P A C I P A P C P P Section 5 Subsection 534.07 of the Richfield Code relating to conditional uses in the C-2 (General Business) District is amended by adding a new Subdivision 27 to read as follows: Subd. 27. Micro -production facilities provided that the following conditions are met: a) Licensing. The owner of the micro -production facility qualifies for and receives all federal. state and citv licenses necessary for the operation of the micro -production facility, including a brewer license and a malt liauor wholesale license (if wholesale of malt liauor is an intended and/or a distiller's license from the State of Minnesota. b) Taproom/Cocktail Room Location. Micro -production facilities with an accessory taproom or cocktail room must be on a lot abutting an arterial or collector street. c) Taproom/Cocktail Room License. An accessory taproom or cocktail room for the sale of beer or spirits produced on-site shall require a taproom/cocktail room license from the City of Richfield in accordance with Section 1202 of the City Code. d) Taproom/Cocktail Room Operations. Taprooms/cocktail rooms must either make food available on-site or expressly allow patrons to carry in food. e) Off -sale. A micro -production facility may sell their product for off -sale consumption through their taproom or cocktail room. Any on-site sale of beer in the form of prowlers shall require a Micro -brewery Off -sale License in accordance with Section 1202 of the City Code. f) Production of Beer. Annual production of malt liquor for a micro - brewery with an accessory taproom shall not exceed 3,500 barrels, and only 500 barrels may be sold off -sale as growlers. Production at micro -breweries without a taproom shall not exceed 1,750 barrels annually. g) Production of Spirits. Annual production of spirits for a micro -distillery with an accessory cocktail room shall not exceed 40,000 proof -gallons annually. Production at micro -distilleries without a cocktail room shall not exceed 20,000 proof gallons annually. h) Off-street Loading. The micro -production facility shall provide adequate space for off-street loading and unloading of all trucks greater than 22 feet in length. In the absence of off-street loading, the City may impose limits on deliveries or shipments using the public right-of-ways, including regulating the number of trucks per day and the hours that deliveries are permitted. i) Odors. No odors from the micro -production facility shall be perceptible beyond the property line. The micro -production facility operator shall take appropriate measures to reduce or mitigate any odors generated from the operation and be in compliance with any applicable Minnesota Pollution Control Standards. j) Hours of Operation. Micro -production facility operation hours shall be limited to the hours specified in Minnesota Statutes Chapter 340A for off -sale intoxicating liquor unless further limited by the City Council as Dart of a Conditional Use Permit. Section 6 Subsection 537.03 of the Richfield Code relating to permitted, conditional and accessory uses in the Mixed Use Districts is amended as follows: 537.03. - Permitted Uses. Subdivision 1. The following table establishes permitted, conditionally permitted and accessory uses for the Mixed Use Districts: Table 1. Uses of the Mixed -Use District Note—The following abbreviations are used within the use table: P: Permitted A: Accessory C: Conditional N: Null or not Permitted Use COMMERCIAL Regional retail services General retail services Neighborhood retail services Restaurant Class I (serving alcohol) Restaurant Class 11 (traditional/cafeteria) Restaurant Class III (fast food/convenience) Restaurant Class IV (take out only) Micro -production facility (micro-brewery/micro-distillery) MU -R MU -C MU -N P C N P P C P P P P C N P P P C C N P P P C C N Taproom/Cocktail room Service Station/convenience store A/C A/C N P P N Convenience store Offices and clinics Hotel/motel (defined as 6 or more rooms) P P P P P A P P N Mortuaries and funeral chapels N P N Health or athletic clubs, spas, yoga studios P P N Theaters, movie or live entertainment P N N Auto sales or lease -new vehicles Auto mechanical or body repair shops Auto detailing Auto rental facilities accessory to a primary office or hotel use Assembly and manufacturing accessory and subordinate to a retail use Drive-up window or teller service Adult business establishments as defined and regulated under Subsection 1196 of the City Code Tattoo shops Firearms related uses Licensed day care facilities C N N C C N C C N A A N A A N C C N P P N P P N C N N P P P Animal kennels C C C RESIDENTIAL Dwelling, townhouse Dwelling, multifamily (min. 3 units) N N P P (but see 537.07, Subd. 2a) P P P Live - work units N P Assisted living facilities, nursing, rest homes N P P INSTITUTIONAL/PUBLIC Places of worship A P P Government offices A P A Police sub -station Schools Library Parks P P P P P P C P N P P P Hospitals P NT N Transit facilities A TT A Public utility A V7 A Subd. 2. Any land use not listed as Permitted, Accessory or Conditional in this section or Subsection 512.09 is prohibited in the Mixed -Use Districts unless the use is found to be substantially similar to a use listed, as determined by the City in accordance with Subsection 509.23 of this Code. Section 7 Subsection 537.05 of the Richfield Code relating to conditional uses in the Mixed Use (MU -C and MU -R) Districts is amended by adding a new Subdivision 13 to read as follows: Subd. 13. Micro -production facilities in the MU -C and MU -R Districts provided that the following conditions are met: a) Licensing. The owner of the micro -production facility qualifies for and receives all federal, state and city licenses necessary for the operation of the micro -production facility, including a brewer license and a malt liquor wholesale license (if wholesale of malt liquor is an intended activity); and/or a distiller's license from the State of Minnesota. b) Taproom/Cocktail Room Location in MU -C District. Micro -production facilities with an accessory taproom or cocktail room in the Mixed Use — Community District must be on a lot abutting an arterial or collector street. c) Taproom/Cocktail Room Operations. Taprooms/cocktail rooms must either make food available on-site or expressly allow patrons to carry in food. d) Taproom/Cocktail Room License. An accessory taproom or cocktail room for the sale of beer or spirits produced on-site shall require a taproom/cocktail room license from the City of Richfield in accordance with Section 1202 of the City Code. e) Off -sale. A micro -production facility may sell their product for off -sale consumption through their taproom or cocktail room. Any on-site sale of beer in the form of prowlers shall require a Micro -brewery Off -sale License in accordance with Section 1202 of the City Code. f) Production of Beer. Annual production of malt liquor for a micro - brewery with an accessory taproom shall not exceed 3,500 barrels, and only 500 barrels may be sold off -sale as prowlers. Production at micro -breweries without a taproom shall not exceed 1,750 barrels annually. g) Production of Spirits. Annual production of spirits for a micro -distillery with an accessory cocktail room shall not exceed 40,000 proof gallons annually. Production at micro -distilleries without a cocktail room shall not exceed 20,000 proof gallons annually. h) Off-street Loading. The micro -production facility shall provide adequate space for off-street loading and unloading of all trucks greater than 22 feet in length. In the absence of off-street loading, the City may impose limits on deliveries or shipments using the public right-of-ways, including regulating the number of trucks per day and the hours that deliveries are permitted. i) Odors. No odors from the micro -production facility shall be perceptible beyond the property line. The micro -production facility operator shall take appropriate measures to reduce or mitigate any odors generated from the operation and be in compliance with any applicable Minnesota Pollution Control Standards. j) Hours of Operation. Micro -production facility operation hours shall be limited to the hours specified in Minnesota Statutes Chapter 340A for off -sale intoxicating liquor unless further limited by the City Council as part of a Conditional Use Permit. Section 8 Subsection 544.13, Subdivision 6 of the Richfield City Code related to the number of off-street parking lots required for permitted and conditional uses is amended to read as follows: Subd. 6. Number of Off -Street Spaces Required. Off-street parking spaces shall be provided according to the following minimum standards. Parking for land uses not listed below shall be regulated according to the most similar use and/or authoritative sources as determined by the City Planner. Land Use Minimum Number of Off -Street Parking Spaces Required* COMMERCIAL USES Animal hospital Auto mechanical, body repair shop or gas station Bakery Bank or similar financial service Bed and breakfast inn Bowling alley 1 for every 200 square feet of gross floor area. 4 plus 2 per service stall and 1 per 150 square feet of retail area 1 per 25 square feet of customer floor area. 1 space per 250 square feet of gross floor area. 2 plus 1 per room for rent. No required parking may be located in the front yard nor shall the parking area exceed 50 percent of the rear yard. 5 per bowling lane plus 1 per 4.5 seats of other related facilities (e.g., restaurant) Coffee shop Dance or physical culture studio Day care center (adult or child) Health club or fitness center Hotel Medical or dental office Floor area of 2,500 square feet or less Floor area greater than 2,500 square feet Micro -production facilities (micro -breweries & micro -distilleries) Office Floor area of less than 50,000 square feet Floor area of 50,000 to 200,000 square feet 4.5 per 1,000 square feet of gross floor area. 3 per 1,000 square feet of gross floor area. 1 per 5 enrolled persons based on licensed capacity. 1 per 225 square feet of gross floor area 1 per room plus 1 per 4.5 seats of other related facilities (e.g., restaurant) 1 for every 250 square feet of floor area. 1 for every 200 square feet of floor area. 1 per 1,000 square feet of gross floor area. 1 per 275 square feet of floor area 1 per 300 square feet of floor area Floor area of 200,000 to 400,000 square feet I 1 per 325 square feet of floor area Floor area of more than 400,000 square feet Other businesses or industries, including wholesale 1 per 350 square feet of floor area 1 per 2 employees plus 1 per vehicle used in conduct of the enterprise OR 1 per 800 square feet of gross floor Shopping center Community (under 50,000 sf) Regional (50,000 sf or more) Restaurants or food service in shopping centers Retail (other than shopping center) where more than 25 percent of the gross floor area is customer area Retail (other than shopping center) where more than 25 percent of the gross floor area is customer area and where the merchandise is area, whichever is greater. 3.5 per 1,000 square feet of gross floor area 4 per 1,000 square feet of gross floor area Calculated separately unless the restaurant meets all of these requirements: •The shopping center floor area is over 20,000 square feet •The restaurant does not have wait staff serving food directly to the customer while seated •Intoxicating liquor sales at the restaurant shall not exceed five percent of annual revenue •The restaurant does not have in - vehicle sales or service •The combined total of all restaurants and food services total less than 25 percent of the gross floor area of the building and shopping center. 5 per 1,000 square feet of gross floor area 2 per 1,000 square feet of floor area (including outdoor display areas). large such as furniture, carpeting, large appliances or automobiles Retail (other than shopping center) where less than 25 percent of the gross floor area is customer area and where the product is picked up or delivered by patron. Restaurants and Related Class I and II Class I I I (Fast food/convenience) Class IV (Take-out only) Taproom/Cocktail Room Brewpub Theater 10 per 1,000 square feet of gross floor area 10 per 1,000 square feet of gross floor area. 17 per 1,000 square feet of gross floor area. 1 per 25 square feet of customer floor area plus 1 per delivery vehicle on the maximum shift. 10 per 1,000 square feet of gross floor area (to be added to required number for adjacent micro -production facility) 1 per 1,000 square feet of -gross floor area of Micro -brewery production floor area and 10 per 1,000 square feet of gross floor area of kitchen, dining and bar floor area. 1 per 3 seats if part of a shopping center; 1 per 2.5 seats if free standing RESIDENTIAL USES Multiple -family housing MR -1 District: two-family dwelling 2 per housing unit, 1 of which must be enclosed. Only one (1) curb cut is permitted to the property. MR -2 District: 8 or fewer units; 9 to 25 2 per housing unit. May be reduced to 1.5 units as a conditional use. spaces per unit for 7 or more units if factors warrant. MR -3 District: 20 or fewer units; more than 20 units as a conditional use. Group home (state licensed residential facility) Nursing or convalescent home 2 per housing unit. May be reduced to 1.25 spaces per unit for ten (10) or more units if factors warrant. 2 per 5 beds offered for residence purposes. 5 plus one (1) per 5 beds offered for residence purposes. INSTITUTIONAL/PUBLIC USES Places of worship 1 parking space per 3 seats based on rated design capacity plus and/or assembly additional parking spaces, as applicable for accessory facilities which are used concurrently. 011 .. El 1 per employee plus 8 for visitors High school 1 1 per employee plus 1 per 8 students Business or trade 1 per employee plus 1 per 3 students based on rated design school capacity. *If calculation results in a fraction, the next higher whole number shall be used. Section 9 This Ordinance is effective in accordance with Section 3.09 of the Richfield City Charter. Passed by the City Council of the City of Richfield, Minnesota this day of 12015. Debbie Goettel, Mayor ATTEST: Elizabeth VanHoose, City Clerk AGENDA SEC -10N: CONSENT CALENDAR AGENDA ITEM # 5.13. STAFF REPORT NO. 166 CITY COUNCIL MEETING 10/27/2015 REPORT PREPARED BY: Betsy Osborn, Support Services Manager DEPARTMENT DIRECTOR REVIEW: Jay Henthorne, Public Safety Director 10/20/2015 OTHER DEPARTMENT REVIEW: N/A CITY MANAGER REVIEW: Steven L. Devich 10/21/2015 ITEM FOR COUNCIL CONSIDERATION: Consideration of the approval of a first reading of an amendment to the City's Liquor Ordinance in section 1202 that would permit micro -breweries, micro -distilleries, associated taprooms and cocktail rooms in the City. EXECUTIVE SUMMARY: With the State Legislature's 2011 approval of the "Surly Bill," allowing breweries to serve pints of their own beer on-site, micro -breweries and their associated "taprooms" have opened up in numerous locations throughout the metro area. Richfield staff has spoken with four parties who have expressed interest in opening a taproom within the City. Following a study session with the City Council and Planning Commission on July 27th, 2015, at which policy makers expressed support for allowing micro -breweries, taprooms and similar businesses, staff and the City Attorney have worked with consultant Addison Lewis of WSB & Associates to craft the attached ordinance. The ordinance defines the various types of alcohol license categories as well as speaks to production limitations. It also allows for the sale of beverages in these categories on Sundays and limits the number of types of licenses that will be allowed in each category. A brewpub means a micro -brewery with a restaurant operated on the same premises as the brewery. This type of establishment will have to adhere to the current requirements in place as do all other on -sale alcohol establishments. For other license categories, the proposed ordinance will allow the sale of "growlers" and bottles of distilled spirits for off -premise consumption of products produced on-site. The proposed regulations also include a stipulation that requires taprooms/cocktail rooms to either provide food on-site or to expressly allow patrons to bring in their own or have access to food via other neighboring restaurants. RECOMMENDED ACTION: By motion: Approve a first reading of the ordinance amending the Richfield City Code 1202 to permit micro -breweries, micro -distilleries, associated taproom and cocktail rooms in the City. BASIS OF RECOMMENDATION: A. HISTORICAL CONTEXT A study session was held with the City Council and Planning Commission on July 27, 2015 on the subject matter. At that time, policy makers indicated a desire to support an ordinance and asked staff to develop an ordinance and to bring it back before them. B. POLICIES (resolutions, ordinances, regulations, statutes, etch • Ongoing review and periodic updating of the Code is necessary to ensure that regulations are serving their intended purposes. • Community Development, Licensing and Public Safety staff have worked together to craft the proposed ordinance. • This ordinance will work in concert with revised zoning ordinances. C. CRITICAL TIMING ISSUES: None D. FINANCIAL IMPACT: None E. LEGAL CONSIDERATION: • If this reading is approved, a second reading of the proposed ordinance will be held on November 10, 2015. • The City Attorney has review this ordinance and approves of its contents. ALTERNATIVE RECOMMENDATION(Sl: • Approve a first reading with amendments. • Reject the proposed ordinance. PRINCIPAL PARTIES EXPECTED AT MEETING: None ATTACHMENTS: Description Type D Taproom, etc, ordinance Ordinance BILL NO. AN ORDINANCE AMENDING SECTION 1202 OF THE CITY CODE PERTAINING TO LICENSES FOR MICRO -PRODUCTION FACILITIES AND ON -SALE TAPROOMS AND COCKTAIL ROOMS THE CITY OF RICHFIELD DOES ORDAIN: Section 1. Subsection 1202.01 of the Richfield City Code is amended as follows to add the following new definitions numbered as Subdivisions and in alphabetical order, with the remaining Subdivisions re -numbered accordingly: "Brewer" means a person who manufactures malt liquor for sale. "Brewpub" means a micro -brewery with a restaurant use operated on the same premises as the brewery. "Cocktail Room" means an area for the on -sale consumption of distilled spirits produced at the distillery for consumption on the premises of the distillery or distillery -owned property adjacent to the distillery. A cocktail room ma_ also include sale for off -premises consumption of distilled spirits produced at the distillery, subject to Minnesota Statute 340A.22, subd. 4 or its successor. "Growler" means a specially -designed 64 ounce or 750 ml beer container for exclusive off -sale of micro -brewery facility beer. A growler shall be packaged subiect to Minnesota Statute 340A.285. or its successor. "Malt Liquor" means any beverage made from malt by fermentation and containing not less than one-half of one percent alcohol by volume. "Micro -brewery" means a facility that produces for sale, distribution, and consumption beer, ale, malt liquor, or other beverages made from malt by fermentation and containing not less than one-half of one percent alcohol by volume, and which possesses the appropriate Federal, State, and Municipal licenses and which produces not more than 3.500 barrels of malt liquor in a calendar year. A micro -brewery may include a taproom. "Micro -distillery" means a facility that produces Ethyl Alcohol, hydrated oxide or ethyl, spirits of wine, rum, brandy, gin, or other distilled spirits, including all dilutions and mixtures thereof, for non -industrial use in total quantity not to exceed 40,000 gallons in a calendar year. A distillery may include a cocktail room. "Taproom" means an area for the on -sale consumption of malt liquor produced by the brewer for consumption on the premises of a brewery or an abutting property in common ownership of the brewer, which may include sales of malt 4690340 MDT RC 160-3 liquor produced and packaged at the brewery for off -premises consumption, subiect to Minnesota Statute 340A.285, or its successor. Sec. 2. Subsection 1202.05, subdivision 3 of the Richfield City Code is amended as follows: Subd. 3. Types of licenses. The following types of licenses will be issued by the City: (b) Intoxicating liquor. (1) On -sale. The City may issue on -sale intoxicating liquor licenses only to hotels, restaurants, brew pubs, and clubs. No more than 15 licenses may be issued, excluding licenses issued to clubs. (c) Sunday Sales. (1) Hotels, restaurants, brew nubs and clubs that hold an on -sale intoxicating liquor license may obtain a Sunday sales license and serve alcoholic beverages between the hours of 8:00 a.m. Sunday and 2:00 a.m. Monday in conjunction with the serving of food. (e) Micro -brewery on -sale malt liquor license ("Taproom License")L (1) The City may issue an on -sale taproom license to the holder of a brewer's license issued by the Commissioner under Minn. Stat. § 340A.301, subd. 6, clause (c). (i), or (il. (2) The license authorizes the on -sale of malt liquor produced by the brewer for consumption on the premises of or adjacent to one brewery location owned or rented by the brewer, subject to the requirements of this Section and Minn. Stat. & 340A.26. (3) Total production of malt liquor shall not exceed 3.500 barrels annually. (4) Except as provided herein, all provisions of this Section that apply to on -sale intoxicating liquor licenses shall apply to on -sale taproom licenses. (5) Licensees must have food options available to patrons. Such options may include, but are not limited to, meals or snacks that are prepared or heated on- site; pre-packaged meals or snacks available for sale on-site; on-line ordering or take-out available from neighboring restaurants. Food sales are not subject to the requirements in subsection 1201.21, subd. 2 4690340 MDT RC 160-3 (6) The City Council may authorize"room taproom to conduct on -sale business on Sundays. (7) No more than two (2) taproom licenses maybe issued. (f) Micro -brewery off -sale malt liquor license ("Growler" salesl. (1) The City may issue an off -sale micro -brewery malt liquor license to the holder of a brewer's license issued by the Commissioner under Minn. -Stat. ==§ 340A.301, subd. 6, clause (i), or (j). The license authorizes the brewer to -sell at off -sale, malt liquor that has been produced and packaged by the brewer at its licensed premises in sixty four (64) ounce containers commonly known as "Growlers", subject to Minn. Stat. § 340A.285. (2) The total production of malt liquor for off -sale shall not exceed 500 barrels annually, and the total production of on -sale and off -sale cannot exceed 3,500 barrels per year. (3) The license is subject to the requirements of this Section and Minn. Stat. & 340A.28. (4) The City Council may authorize a micro -brewery to conduct sales of growlers only at off -sale on Sundays with no additional license needed. (5) No more than two (2) micro -brewery off -sale malt liquor licenses may be issued. (g) Brew pub off -sale malt liquor license ("Brew pub"). (1) The City may issue an off -sale brew pub license to the holder of both a brewer's license issued by the Commissioner under Minn. Stat. & 340A.301. subd. 6, clause (d) and a City -issued on -sale intoxicating liquor license for a restaurant operation. (2) The license is subject to the requirements of this Section, and Minn. Stat. & 340A.24. (3) The City Council may authorize a brew pub to conduct sales of growlers only at off -sale on Sundays with no additional license needed. (4) No more than two (2) brew pub malt liquor licenses may be issued. (h) Microdistillery off -sale license. (1) The City may issue an off -sale microdistillery license to a microdistillery licensed by the Commissioner for the off -sale of distilled spirits. (2) The license allows the sale of one 375 milliliter bottle per customer per day of product manufactured on-site, subject to the following requirements: (a) Off -sale hours of sale must conform to hours of sale for retail off -sale licensees in the City: and (b) No brand may be sold at the micro -distillery unless it is also available for distribution by wholesalers. 469034v3 MDT RC 160-3 (3) The license is subject to the requirements of this Section and Minn. Stat. § 340A.22. (4) No more than two (2) microdistillery off -sale licenses may be issued. (i) Microdistillery cocktail room license ("Cocktail Room"). (1) The City may issue a cocktail room license to the holder of a microdistiller_v license issued by the Commissioner. (2) A cocktail room license authorizes on -sale of distilled liquor produced by the distiller for consumption on the premises of or adjacent to one distillery location owned by the distiller. (3) This license is subject to the requirements of this Section and Minn. Stat. & 340A.22. Except as provided herein, all provisions of this section that apply to an on -sale intoxicating liquor license apply to a cocktail room license. (4) Licensees must have food options available to patrons. Such options may include, but are not limited to, meals or snacks that are prepared or heated on- site; pre-packaged meals or snacks available for sale on-site: on-line order' or take-out available from neighboring restaurants. Food sales are not subject to the requirements in subsection 1201.21, subd. 18(a . (5) No more than two (21 cocktail room licenses may be issued. Sec. 3. Subsection 1202.17, subdivision 2 of the Richfield City Code is amended as follows: Subd. 2. Statement for food sales. At the time a restaurant, brew pub or hotel submits a renewal application for an on -sale license, the applicant must file with the Director a statement made by a certified public accountant that shows the total alcohol sales and the total food sales of the restaurant, brew pub or hotel for the 12 -month period immediately preceding the date for filing the renewal application. Subd. 3. Production reports. At the time a micro -brewery or microdistillery submits a renewal application for an on -sale or off -sale license, the applicant must file with the Director a production report showing the total volume of alcoholic beverages produced for the 12 -month period immediately preceding the date for filing the renewal application. Sec. 4. Subsection 1202.21 of the Richfield City Code is amended as follows: 4 4690340 MDT RC 160-3 Subd. 6. No combination sales. (a) On -sale licensees may not sell alcoholic beverages off -sale..., except as otherwise allowed by this Section. Subd. 18. Food requirements. (a) Restaurants and brew nubs licensed under this ehapter Section must be conducted such that of the total alcohol and food sales, more than 50 percent of that total is derived from business activities related to the serving of food. Subd. 20. Original package. Ua A licensee may not sell, offer for sale, or keep for sale, alcoholic beverages in any original package which has been refilled or partly refilled. This prohibition does not apply to the refilling and off -sale of growlers as allowed by this Section and Minn. Stat. & 340A.285. -b�- No licensee may in any manner tamper with the contents of an original package so as to change its composition or alcoholic content while in the original package. Possession on the premises by the licensee of any alcoholic beverage in the original package differing in the composition or alcoholic content in the liquor when received from the manufacturer or wholesaler from whom it was purchased will be prima facie evidence that the contents of the original package has been diluted, changed or tampered with. Sec. 5. This Ordinance is effective in accordance with Section 3.09 of the Richfield City Charter. Adopted by the City Council of the City of Richfield, Minnesota this day of , 2015. Debbie Goettel, Mayor ATTEST: Elizabeth VanHoose, City Clerk 5 4690340 MDT RC 160-3 AGENDA SEC -10N: CONSENT CALENDAR AGENDA ITEM # 5.C. STAFF REPORT NO. 167 CITY COUNCIL MEETING REPORT PREPARED BY: Jeff Pearson, City Engineer 10/27/2015 DEPARTMENT DIRECTOR REVIEW: Kristin Asher, Public Works Director 10/21/2015 OTHER DEPARTMENT REVIEW: N/A CITY MANAGER REVIEW: Steven L. Devich 10/21/2015 ITEM FOR COUNCIL CONSIDERATION: Consideration of the approval of a resolution supporting acquisition of easements for the Nokomis - Minnesota River Regional Trail. EXECUTIVE SUMMARY: The Three Rivers Park District (TRPD) is currently constructing the Nokomis -Minnesota River Regional Trail (formerly known as the Intercity Regional Trail) connecting Bloomington, Richfield, and Minneapolis. The attached resolution of support will allow the TRPD to formally purchase the easements required to complete the gap in the trail along Richfield Parkway between 65th and 66th Street. The easements have been agreed to and signed by Ryan Companies US, Inc.; however, approval from the City is required per Minnesota Statute 398.09. RECOMMENDED ACTION: By Motion: Adopt a resolution in support of the acquisition of easements for the Nokomis -Minnesota River Regional Trail. BASIS OF RECOMMENDATION: A. HISTORICAL CONTEXT • May 22, 2012: The "Intercity Regional Trail' was approved by City Council • February 25, 2014: A resolution supporting the acquisition of easements along the 7700 block of 12th Avenue was approved by City Council. • Spring/Summer/Fall 2015: Construction of the regional trail is completed in all segments except from 65th St to 68th St in Richfield. • August 20, 2015: The Nokomis -Minnesota River Regional Trail is adopted by the the TRPD as the official name for the trail. • October 14, 2015: Ryan Companies approves the permanent and temporary easements for the parcels between 65th Street and 66th Street. • A resolution supporting the acquisition of real estate is required by the cooperative agreement between the City and TRPD stating: "In the event private property rights are required to provide a continuous and contiguous Trail corridor or to meet the required Easement B width, Park District shall secure necessary property rights. City shall provide Resolutions of Support and consent to the Park District's acquisition of any property rights as necessary to provide a continuous and contiguous corridor through direct purchase or eminent domain" B. POLICIES (resolutions, ordinances, regulations, statutes, etch • The Intercity Regional Trail Master Plan is consistent with the City's Comprehensive Plan (Transportation p. 6-39) • Minnesota Statute 398.09 requires resolution consent for TRPD to acquire real estate within the City. C. CRITICAL TIMING ISSUES: • All easements have been signed and are awaiting Council consent so that design and construction of the final segment of trail can be completed in 2016. D. FINANCIAL IMPACT: • There is no financial impact in the resolution of support. • The resolution will assist Three Rivers Park District in capturing easements necessary to construct the Nokomis -Minnesota River Regional Trail. E. LEGAL CONSIDERATION: • The City Attorney will be available to answer questions. ALTERNATIVE RECOMMENDATION(Sl: • The Council may choose not to adopt the resolution at this time. Failure to secure a resolution from the City could affect easement acquisition for Three Rivers Park District. PRINCIPAL PARTIES EXPECTED AT MEETING: None ATTACHMENTS: Description Type ❑ TRPD Easement Resolution Resolution Letter ❑ Gap graphic Exhibit ❑ Permanent Easement Exhibit ❑ Temp Easement Exhibit RESOLUTION NO. A RESOLUTION OF SUPPORT FOR THE ACQUISITION OF EASEMENTS FOR THE INTERCITY REGIONAL TRAIL IN THE CITY OF RICHFIELD WHEREAS, the City of Richfield (City) participated in and provided a Resolution of Support for the Intercity Regional Trail (Trail) Master Plan on May 22, 2012; and WHEREAS, the City entered into a Cooperative Regional Trail Agreement (Agreement) for the Trail with the Park District on March 25, 2014; and WHEREAS, the Agreement will require the Park District to acquire at Park District cost any additional non-public property rights as may be necessary to provide a continuous and contiguous Trail corridor where achievable through direct purchase; and WHEREAS, the Agreement requires the City to approve acquisition by Park District of said property rights and approve condemnation of property rights if Park District is unable to acquire property through direct purchase; and WHEREAS, at this time it is necessary to acquire four permanent public trail way easements and four temporary construction easements from a one private property owner in order to provide a continuous and contiguous Trail corridor; and WHEREAS, the Park District has actively negotiated with the property owner and has acquired property rights for the property described below through direct purchase: Permanent Public Trailwav Easement Location Description Unassigned Address, 1544 square feet of permanent easement Richfield Parkway, Richfield, MN 55423 PID 26-028-24-14-0137 Unassigned Address, 1272 square feet of permanent easement Richfield Parkway, Richfield, MN 55423 PID 26-028-24-14-0138 Unassigned Address, 616 square feet of permanent easement Richfield Parkway, Richfield, MN 55423 PID 26-028-24-14-0139 Unassigned Address, 1640 square feet of permanent easement Richfield Parkway, Richfield, MN 55423 PID 26-028-24-14-0140 Temuorary Construction Easement Location Description Unassigned Address, 438 square feet of temporary easement expiring Richfield Parkway, December 31, 2016 Richfield, MN 55423 PID 26-028-24-14-0137 Unassigned Address, 795 square feet of temporary easement expiring Richfield Parkway, December 31, 2016 Richfield, MN 55423 PID 26-028-24-14-0138 Unassigned Address, 264 square feet of temporary easement expiring Richfield Parkway, December 31, 2016 Richfield, MN 55423 PID 26-028-24-14-0139 Unassigned Address, 533 square feet of temporary easement expiring Richfield Parkway, December 31, 2016 Richfield, MN 55423 PID 26-028-24-14-0140 WHEREAS, failure to secure property rights for the aforementioned property jeopardies the ability of the Park District to construct the Trail; and WHEREAS, the City continues to support the Park District efforts to design, construct, operate, and maintain the regional trail and acquire any necessary property rights to do so; and NOW, THEREFORE, BE IT RESOLVED, that the City, in accordance with Minnesota Statute 398.09 subd. b1, approves the direct purchase of the aforementioned property by the Park District for the Nokomis -Minnesota River Regional Trail and approves condemnation of property rights described in this resolution if direct purchase is not successful. Adopted by the City Council of the City of Richfield, Minnesota this day of 12015. Debbie Goettel, Mayor ATTEST: Elizabeth VanHoose, City Clerk ICRT in co tract,_, E Ryan Companies propert u HS.TE Q M 1 m 1i 1 A1FR� k ., fi i z E � � Feet N 0 150 300 600 L 1 ul 9% y y ; In-place trail built along 1 with street improvements 1 Richfield by c hfi ed in 14 2 0 A 0- 1_ tj L i � '' rte. •�' I ® 731 5;41 4L1' 1'4191 s i 'e 1,3- 1; - # Proposed trail length approx: 625 LF or 1 11 �s, e 4,4 A� I 'IL 53 66TH -'%T-F---L- r ICRT in contract w _ r LU . LUA Intercity Regional Trail at Richfield Parkway � RKD�R1� 4CTT TRAILWAY EASEMENT AGREEMENT This TRAILWAY EASEMENT AGREEMENT ("Agreement") is made and entered into this day of ()cA-c (,) erg , 2015, by and between Ryan Companies US, Inc., a Minnesota Corporation ("Grantor"), whose address is 50 South Tenth Street, Suite 300, Minneapolis, MN 55403 and THREE RIVERS PARK DISTRICT, a public corporation and political subdivision of the State of Minnesota ("Grantee"), whose address is 3000 Xenium Lane North, Plymouth, MN 55441-2661. PRELIMINARY RECITAL A) Grantor is the owner of real estate located at Unassigned Address, Richfield Parkway, Richfield, MN, in the County of Hennepin, State of Minnesota (PIN 26-028-24-14-0137, 26- 028-24-14-0138, 26-028-24-14-0139 & 26-028-24-14-0140), (the "Subject Parcel"). B) Grantee has requested and Grantor has agreed to grant an easement for the construction, use, operation and maintenance of a trailway across the Subject Parcel as described in Exhibit A ("Easement Area") and as depicted in the diagram attached as Exhibit B. NOW, THEREFORE, in consideration of the above recitals, payment to Grantor of One dollar and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Grantor and Grantee agree as follows: 1) Grant of Easement: Subject to the provisions herein stated, Grantor grants to Grantee a perpetual, permanent, irrevocable, non-exclusive easement over, upon and across the Easement Area for the purposes of constructing, operating, reconstructing, repairing, replacing, inspecting and maintaining a trailway for use by pedestrians and non -motorized vehicles (the "Trailway"). For purposes of this Agreement, the term "non-exclusive" means that the Easement Area may be used by the Grantee and the general public for the purposes described in this Agreement. Grantee may use motorized emergency, police and maintenance vehicles in the Easement Area. 2) Title. This grant of easement is subject to existing liens, and rights to use the property, including, but not limited to, right-of-way for highways, roads, railroads, conduits, sewers, drains, water mains, gas lines, pipe lines, canals, laterals, ditches, transmission lines of others, telegraph and telephone lines and other utilities heretofore acquired across any part of the lands affected by this Agreement, together with the right to enter upon said premises for the continued operation, maintenance and the use of same. Traihvay Easernen! Agreement 3) Construction of Trailwav: Grantee may commence, pursue and complete construction of the Trailway and grade crossing with contractors and agents chosen by Grantee at Grantee's sole cost and expense as and when and out of such materials reasonably determined by Grantee. Grantee shall complete the Trailway within a reasonable period of time after commencing construction. Grantee shall be entitled to grade, landscape and surface the Easement Area, to construct on the Easement Area necessary signs, approach ramps, steps and other improvements on the Easement Area for all the purposes of constructing, using, operating, maintaining and repairing the Trailway, in all cases in a manner consistent with the intended development and use of the Subject Parcel. Grantee indemnifies and holds Grantor harmless from any loss or damage arising out of Grantee's acts or omissions in the course of the work herein described including claims of bodily injury or property damage, or any failure to maintain the Trailway. Grantee will indemnify and hold Grantor harmless from any loss or damage arising from use of the trailway to the extent of Grantee's wrongful acts or omissions or failure to abide by this Agreement. 4) Inconsistent Rights: Grantor, for itself, its successors and assigns, hereby covenants that it will not construct nor grant others the right to construct any structures or improvements on the Easement Area, which are inconsistent with the rights and interests herein granted to Grantee, but Grantor shall otherwise have the right to use the Easement Area and to grant to others such rights. 5) Operation of Trailway: Grantee and its agents and licensees shall have the sole and exclusive right and authority to operate and control the Trailway and to establish rules and regulations governing its use, including hours of operation and usage fees. 6) Trailway Uses and Purposes. The trailway shall be open to the general public and be used exclusively for outdoor recreation and commuter activities, including but not limited to non -motorized uses such as walking, jogging, skating, and biking. The use of electric -assisted bicycles as defined in Minnesota State Law and Other Power - Driven Mobility Devices as defined by the American with Disabilities Act and in accordance with Park District Policy are permitted. Equestrian uses are prohibited. In addition, motor vehicles used by the Grantee for maintenance, law enforcement or other public uses will be permitted on the Trailway in emergency situations, when required for a specific maintenance or patrol activity, when the motor vehicle cannot legally operate on the street, and/or when an adjacent roadway does not exist. Routine maintenance and patrol with motor vehicles will be conducted from adjacent roadways where feasible. 7) Maintenance of Trailway. Grantee will be responsible for renovation, replacement, repair, maintenance, and upkeep of the trailway. 8) Signage. Grantee shall be responsible for providing signage for the trailway which shall be located in the easement area. Signage will indicate that the trailway is a regional trailway of Grantee. 2 Trailway Easement Agreement 9) Law Enforcement. Grantee will patrol and police the trailway in such manner and by such persons as Grantee shall deem necessary, and may enforce all rules and ordinances of the Grantee. 10) Notices: All notices, statements, approvals and other communications given pursuant to this Agreement shall be in writing and shall be delivered in person or by certified or registered mail, postage prepaid, to the other party hereto at the address set forth herein or such other address as the party hereof is informed in writing. With respect to Grantor, notice should be given to Mark Kampmeyer. With respect to Three Rivers Park District, notice should be given to Three Rivers Park District, 3000 Xenium Lane North, Plymouth, MN 55441-2661. 11) Waivers: No waiver of any default by any party hereto will be implied from the failure of such party to take any action with respect to such default. No express waiver of any default will affect any other default or extend any period of time for performance other than specified in such express waiver. One or more waivers of any default in the performance of any provision of this Agreement will not be deemed a waiver of any subsequent default in the performance of the same provision or any other provision. The consent to or approval of any act or request by either party hereto will not be deemed to waive or render unnecessary the consent or approval of any subsequent or similar act or request. 12) Rights and Remedies Cumulative: The rights and remedies provided by this Agreement are cumulative and no right or remedy at law or in equity which either party hereto might otherwise have by virtue of a default under this Agreement nor the exercise of any such right or remedy by either party will impair such party's standing to exercise any other right or remedy. 13) No AgencX: Nothing contained herein and no action by either party hereto will be deemed or construed by such parties or by any third person to create the relationship of principal and agent or a partnership or a joint venture or any other association between or among the parties hereto. 14) Severability: If any provision of this Agreement is to any extent declared by a court of competent jurisdiction to be invalid or unenforceable, the remainder to this Agreement or the application of such provision to persons or circumstances other than those in respect of which the determination of invalidity or unenforceability was made will be not be affected thereby and each provision of this Agreement will be valid and enforceable to the fullest extent permitted by law. 15) Governing Laws. This Agreement will be construed in accordance with the laws of the State of Minnesota. 16) Time is of the Essence: Time is of the essence under this Agreement. 17) Title. Grantor warrants that it owns good and marketable title to the Easement Area and that the undersigned is authorized to execute this Trailway Easement Agreement. Traihray Easement Agreement 18) In the event either party should bring an action to enforce the terms of this Agreement, the prevailing party shall be entitled to recover from the other all of the legal or other expenses of the prevailing party, including reasonable attorneys' fees, and to have the same awarded as part of the judgment in the proceeding in which legal expenses and attorneys' fees were awarded. 19) This Agreement is subject to approval by Grantee's Board of Commissioners. 4 TraiAvay Easement Agreement IN WITNESS WHEREOF, Grantor and Grantee have entered into this agreement as of the date and year first above written. Grantor: RYAN COMPANIES US, INC. k STATE OF MINNESOTA ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this I day of October, 2015, by Al d 'S(hut n 1 'Y2 the Vice President of Ryan Companies US, Inc., a Minnesota Corporation. NOTARIAL STAMP JILL J. BLAIR Nota �.. £. ry Public -Minnesota Temporary Construction Easement Agreement Signat re of Notary Public 9 Three Rivers Park District, a public corporation and political subdivision of the State of Minnesota John Gunyou, Board Chair Boe R. Carlson, Superintendent and Secretary to the Board STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of , 2015, by John Gunyou, the Board Chair and Boe R. Carlson the Superintendent and Secretary to the Board of the Three Rivers Park District, a public corporation and political subdivision under the laws of Minnesota, on behalf of the corporation. Trailwap Easement Agreement EXHIBIT "A" Parcel LD. No. 2602824140137 Address: Pending Abstract Parcel Description: Lot 1, Block 2, CEDAR POINT COMMONS, Hennepin County, Minnesota. Permanent Easement Description: A variable width permanent easement strip for drainage, utility, sidewalk, trail and bikeway purposes over, under and across that portion of said Lot I lying easterly of the following described line: Commencing at the most easterly northeast corner of said Lot 1; thence on an assumed bearing of South 89 degrees 57 minutes 33 seconds West along the north line of said Lot I for a distance of 7.00 feet to the point of beginning of the line to be described; thence South 00 degrees 02 minutes 27 seconds East 107.62 feet; thence southwesterly 11.94 feet along a curve not tangential to the last described line, said curve is concave to the northwest, has a radius of 277.00 feet, a central angle of 02 degrees 28 minutes 08 seconds, and the chord bears South 34 degrees 10 minutes 30 seconds West; thence southwesterly 18.28 feet along a compound curve, concave to the northwest, having a radius of 44.00 and a delta angle of 23 degrees 48 minutes 31 seconds; thence southwesterly 54.51 feet along a compound curve, concave to the northwest, having a radius of 275.00 feet and a delta angle of i l degrees 21 minutes 25 seconds to a point hereinafter referred to as Point X; thence South 00 degrees 04 minutes 03 seconds East 5.00 feet to the south line of said Lot I and there terminating. Parcel LD. No. 2602824140138 Address: Pending Abstract Parcel Description: Lot 2, Block 2, CEDAR POINT COMMONS, Hennepin County, Minnesota. Permanent Easement Description: A permanent easement strip for drainage, utility, sidewalk, trail and bikeway purposes over, under and across the East 8.00 feet of the herein described parcel. Parcel LD. No. 2602824140139 Address: Pending Abstract Parcel Description: Lot 3, Block 2, CEDAR POINT COMMONS, Hennepin County, Minnesota. Permanent Easement Description: A permanent easement strip for drainage, utility, sidewalk, trail and bikeway purposes over, under and across the East 7.00 feet of the herein described parcel. 7 Trarhvay Easement Agreement Parcel LD. No. 2602824140140 Address: Pending Abstract Parcel Description: Lot 4, Block 2, CEDAR POINT COMMONS, Hennepin County, Minnesota. Permanent and Temporary Easement Description: A variable width permanent easement strip for drainage, utility, sidewalk, trail and bikeway purposes over, under and across that portion of said Lot 4 lying easterly of the following described line and a 3.00 wide temporary easement strip for construction purposes 3.00 feet westerly, parallel with and adjoining the hereinbefore described permanent easement: Commencing at the northeast corner of said Lot 4; thence on an assumed bearing of South 89 degrees 46 minutes 03 seconds West along the north line of said Lot 4 for a distance of 13.44 feet to the point of beginning of the line to be described; thence South 14 degrees 53 minutes 49 seconds East 28.40 feet; thence North 75 degrees 06 minutes 11 seconds East 3.00 feet; thence South 14 degrees 53 minutes 49 seconds East 25.00 feet; thence North 75 degrees 06 minutes 11 seconds East 3.00 feet; thence South 14 degrees 53 minutes 49 seconds East 63.72 feet; thence South 75 degrees 06 minutes 11 seconds West 2.00 feet; thence South 14 degrees 53 minutes 49 seconds East 19.93 feet; thence South 00 degrees 02 minutes 27 seconds East 40.77 feet to the south line of said Lot 4 and there terminating. 8 Traihray Easement Agreement LEGEND ACQUISITION AREAS m. FT.) EXISTING FEATURE — — — — — CONSTRUCTION LIMITS PROPOSED FEATURE P. E. T. E. TAX I.D. NO. 2602824140137 Address Pending 1544 438 EXHIBIT B� Page 1 SCALE IN FEET i 0 15 30 co I L E W. Une of Lot l W c0 d' Lj j C/ i V vi o � r vi EXIST. R W 55' 5.00 '03"W 5.00 V� N19'25'34"W 3.00 � Poi X a, w Mob 9' P. E. pin00 >, 3' T. E. z °° a�ou 764°O 7' P. E. 3' T. E. POB — — \\V' \/ASI B2 °O S00'02'27"E — A 107.62 .00R 2?8r9Ro m most easterly °s• NE corner EXIST. R/W E. Llne of Lot l (Southeasterly Easterly Une & of Lot l� PARKWAY SB (F\ RICHFIELD LEGEND ACQUISITION AREAS m. FT.) EXISTING FEATURE — — — — — CONSTRUCTION LIMITS PROPOSED FEATURE P. E. T. E. TAX I.D. NO. 2602824140137 Address Pending 1544 438 EXIST. R/W J (E. Line of Lots l & 2) EXHIBIT B Page 2 W. Une of Lot 2 n V —!!!�x SCALE IN FEET 0 15 30 W. Une of Lot 2 I 0 J 0 42 8' P. E. F5' T.E. 159.00' RICHFIELD PARKWAY SB LEGEND EXISTING FEATURE — — — — — CONSTRUCTION LIMITS PROPOSED FEATURE TAX I.D. NO. 2602824140138 Address Pending J 0 E. Une of Lot 2 ACQUISITION AREAS (SQ. FT.) P, E. T. E. 1272 795 EXHIBIT B x Page 3 SCALE IN FEET 0 10 20 \ J l 1 � � 1 J J � J O O'` O vi V z M 0 n � n 4 O < vi 3' T. E. P.E. F7' 88.00' E. Une of Lot 3 EXIST. R/W (E. Une of Lot 3) RICHFIELD PARKWAY SB LEGEND ACQUISITION AREAS (SO. FT.) EXISTING FEATURE — — — — — CONSTRUCTION LIMITS PROPOSED FEATURE P. E. T. E. TAX I.D. NO. 2602824140139 Address Pending 616 264 — W. Une of Lot 4 0 J o 3' T. E. 9' P. E. N o 3' T. E. o° 10' P.E-.-i� EXIST. R/W S0902' 72 E 5�41993„� (E. Une of 40.77 Lots 3 & 4) EXIST. R/W E. Llne of Lot 4 3' T. E. 7' P. E. 51463 149"f LEGEND EXISTING FEATURE — — — — — CONSTRUCTION LIMITS PROPOSED FEATURE TAX I.D. NO. 2602824140140 Address Pending SCALE IN FEET 0 15 30 w 3' T. E. 3' T. E. z 10 P.E. moa' S�A75S o"E 5,453. W 2 ul cD W I NE Cor, Lot 4 13' P. E. ACQUISITION AREAS (so. FT.) P. E. T. E. 1640 533 TEMPORARY CONSTRUCTION EASEMENT AGREEMENT This TEMPORARY CONSTRUCTION EASEMENT AGREEMENT ("Agreement") is made and entered into this —L+ day of Oc*jb-e✓ , 2015, by and between by and between Ryan Companies US, Inc., a Minnesota Corporation ("Grantor"), whose address is 50 South Tenth Street, Suite 300, Minneapolis, MN 55403 and THREE RIVERS PARK DISTRICT, a public corporation and political subdivision of the State of Minnesota ("Grantee"), whose address is 3000 Xenium Lane North, Plymouth, MN 55441-2661. PRELIMINARY RECITAL A) Grantor is the owner of real estate located at Unassigned Address, Richfield Parkway, Richfield, MN, in the County of Hennepin, State of Minnesota (PIN 26-028-24-14-0137, 26-028-24-14-0138, 26-028-24-14-0139 & 26-028-24-14-0140), (the "Subject Parcel"). B) Grantee has requested and Grantor has agreed to grant a temporary easement for the construction of a trailway across the Subject Parcel as described in Exhibit A ("Easement Area") and as depicted in the diagram attached as Exhibit B. NOW, THEREFORE, in consideration of the above recitals, payment to the Grantor of One dollar and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Grantor and Grantee agree as follows: 1) Grant of Easement. Grantor grants to Grantee a temporary construction easement as described in Exhibits A and B for the purpose of constructing a trailway for use by pedestrians and nonmotorized vehicles. This temporary construction easement shall expire on December 31, 2016. 2) Title. This grant of easement is subject to existing right-of-way for highways, roads, railroads, conduits, sewers, drains, water mains, gas lines, pipe lines, canals, laterals, ditches, transmission lines of others, telegraph and telephone lines and other utilities heretofore acquired across any part of the lands affected by this Agreement, together with the right to enter upon said premises for the continued operation, maintenance and the use of same. 3) Restoration. Grantee shall restore the temporary construction easement premises to the preconstruction condition of the premises. Temporary Construction Easement Agreement 4) Access. Grantee shall ensure that access to the Subject Parcel is maintained at all times during construction. Grantor agrees that up to one half of any motor vehicle access may be temporarily closed for construction, provided that at least one half of any access shall remain open to motor vehicles. Grantee shall sign and monitor access during the construction period. 5) Notices: All notices, statements, approvals and other communications given pursuant to this Agreement shall be in writing and shall be delivered in person or by certified or registered mail, postage prepaid, to the other party hereto at the address set forth herein or such other address as the party hereof is informed in writing. With respect to Grantor, notice should be given to Mark Kampmeyer. With respect to Three Rivers Park District, notice should be given to Three Rivers Park District, 3000 Xenium Lane North, Plymouth, MN 55441-2661. 6) Waivers: No waiver of any default by any party hereto will be implied from the failure of such party to take any action with respect to such default. No express waiver of any default will affect any other default or extend any period of time for performance other than specified in such express waiver. One or more waivers of any default in the performance of any provision of this Agreement will not be deemed a waiver of any subsequent default in the performance of the same provision or any other provision. The consent to or approval of any act or request by either party hereto will not be deemed to waive or render unnecessary the consent or approval of any subsequent or similar act or request. 7) Rights and Remedies Cumulative: The rights and remedies provided by this Agreement are cumulative and no right or remedy at law or in equity which either party hereto might otherwise have by virtue of a default under this Agreement nor the exercise of any such right or remedy by either party will impair such party's standing to exercise any other right or remedy. 8) No Agency: Nothing contained herein and no action by either party hereto will be deemed or construed by such parties or by any third person to create the relationship of principal and agent or a partnership or a joint venture or any other association between or among the parties hereto. 9) Severability: If any provision of this Agreement is to any extent declared by a court of competent jurisdiction to be invalid or unenforceable, the remainder to this Agreement or the application of such provision to persons or circumstances other than those in respect of which the determination of invalidity or unenforceability was made will be not be affected thereby and each provision of this Agreement will be valid and enforceable to the fullest extent permitted by law. 10) Governing Laws. This Agreement will be construed in accordance with the laws of the State of Minnesota. 11) Time is of the Essence: Time is of the essence under this Agreement. 2 Temporary Construction Easement Agreement 12) Title. Grantor warrants that it owns good and marketable title to the Easement Area and that the undersigned is authorized to execute this Trailway Easement Agreement. 13) In the event either party should bring an action to enforce the terms of this Agreement, the prevailing party shall be entitled to recover from the other all of the legal or other expenses of the prevailing party, including reasonable attorneys' fees, and to have the same awarded as part of the judgment in the proceeding in which legal expenses and attorneys' fees were awarded. 14) This Agreement is subject to approval by Grantee's Board of Commissioners. Temporaq Construction Easement Agreement IN WITNESS WHEREOF, Grantor and Grantee have entered into this agreement as of the date and year first above written. Grantor: RYAN COMPANIES US, INC. STATE OF MINNESOTA ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of October, 2015, by the _ �L►�rt�� the Vice President of Ryan Companies US, Inc., a Minnesota Corporation. NOTARIAL STAMP o�lnF,rr JILL J. BLAIR x Notary Public -Minnesota mycoma"Whiqrr Jan ai POZO Temporary Construction Easement Agreement Signatur of Notary Public E, Three Rivers Park District, a public corporation and political subdivision of the State of Minnesota John Gunyou, Board Chair Boe R. Carlson, Superintendent and Secretary to the Board STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of , 2015, by John Gunyou, the Board Chair and Boe R. Carlson the Superintendent and Secretary to the Board of the Three Rivers Park District, a public corporation and political subdivision under the laws of Minnesota, on behalf of the corporation. Temporary, Construction Easement Agreement EXHIBIT A Parcel LD. No. 2602824140137 Address: Pending Abstract Parcel Description: Lot 1, Block 2, CEDAR POINT COMMONS, Hennepin County, Minnesota. Temporary Easement Description: A temporary easement strip for construction purposes over, under and across the west 3.00 feet of the most easterly 10.00 feet of the north 60.00 feet of said Lot 1, adjacent to Richfield Parkway, and a 3.00 feet wide temporary easement strip for construction purposes over, under and across, that portion of said Lot 1 lying northwesterly of and adjoining the hereinbefore described permanent easement strip, and southeasterly of the following described line: Beginning at the hereinbefore described Point X; thence northeasterly 53.91 feet along a curve not tangential to the last described line, said curve is concave to the northwest, has a radius of 272.00 feet, a central angle of 11 degrees 21 minutes 22 seconds, and the chord bears North 64 degrees 53 minutes 46 seconds East; thence northeasterly 17.04 feet along a compound curve, concave to the northwest, having a radius of 41.00 feet and a delta angle of 23 degrees 48 minutes 31 seconds; thence northeasterly 16.49 feet along a compound curve, concave to the northwest, having a radius of 274.00 feet, a central angle of 03 degrees 26 minutes 55 seconds to its intersection with a line parallel with and 7.00 feet west of the most easterly line of said Lot 1 and there terminating. Parcel LD. No. 2602824140138 Address: Pending Abstract Parcel Description: Lot 2, Block 2, CEDAR POINT COMMONS, Hennepin County, Minnesota. Temporary Easement Description: A temporary easement strip for construction purposes over, under and across the West 5.00 feet of the East 13.00 feet of the herein described parcel. 6 Temporary Construction Easement Agreement Parcel I.D. No. 2602824140139 Address: Pending Abstract Parcel Description: Lot 3, Block 2, CEDAR POINT COMMONS, Hennepin County, Minnesota. Temporary Easement Description: A temporary easement strip for construction purposes over, under and across the West 3.00 feet of the East 10.00 feet of the herein described parcel. Parcel I.D. No. 2602824140140 Address: Pending Abstract Parcel Description: Lot 4, Block 2, CEDAR POINT COMMONS, Hennepin County, Minnesota. Permanent and Temporary Easement Description: A variable width permanent easement strip for drainage, utility, sidewalk, trail and bikeway purposes over, under and across that portion of said Lot 4 lying easterly of the following described line and a 3.00 wide temporary easement strip for construction purposes 3.00 feet westerly, parallel with and adjoining the hereinbefore described permanent easement: Commencing at the northeast corner of said Lot 4; thence on an assumed bearing of South 89 degrees 46 minutes 03 seconds West along the north line of said Lot 4 for a distance of 13.44 feet to the point of beginning of the line to be described; thence South 14 degrees 53 minutes 49 seconds East 28.40 feet; thence North 75 degrees 06 minutes 11 seconds East 3.00 feet; thence South 14 degrees 53 minutes 49 seconds East 25.00 feet; thence North 75 degrees 06 minutes 11 seconds East 3.00 feet; thence South 14 degrees 53 minutes 49 seconds East 63.72 feet; thence South 75 degrees 06 minutes 11 seconds West 2.00 feet; thence South 14 degrees 53 minutes 49 seconds East 19.93 feet; thence South 00 degrees 02 minutes 27 seconds East 40.77 feet to the south line of said Lot 4 and there terminating. 7 Temporary Construction Easement Agreement EXHIBIT B x Page 3 SCALE IN FEET 0 10 20 l 1 � J 4 O '` O O N v C �I V Z M 0 J� n O �r (J� C J 3' T. E. 7' P. E. 88.00' J. 11 ---- E. Line of Lot 3 EXIST. R/W (E. Line of Lot 3) RICHFIELD PARKWAY SB LEGEND ACQUISITION AREAS csQ. FT.) EXISTING FEATURE — — — — — CONSTRUCTION LIMITS PROPOSED FEATURE P. E. T.E. TAX I.D. NO. 2602824140139 Address Pending 616 264 EXHIBIT B x Page 4 SCALE IN FEET 0 15 30 W. Une of Lot 4 j 0 �J � C V Wz ul J � w J 3' T. E. j 3' T. E. z 10 P.E. oo S'4zs k OB J \U; 3' T. E Cn E. ('40 'o fA 3 T. E. 7 P. E. N J 9' P. E. No 534g"E `',4632 �/' I r'i 3' T. E. o°j 10' P. E. NE Lot Cor. 4 13' P. E. p,R Kw P� "E p EXIST. R/W 4 g3 Soo•02'27"E 5�93 R\cHF�ELO (E. Une of 40.77 7 Lots 3 & 4) EXIST. R/W E. Une of Lot 4 LEGEND ACQUISITION AREAS (so. FT.) EXISTING FEATURE - - - - - CONSTRUCTION LIMITS PROPOSED FEATURE P. E. T. E. TAX I.D. NO. 2602824140140 Address Pending 1640 533 AGENDA SEC -10N: CONSENT CALENDAR AGENDA ITEM # 5.D. STAFF REPORT NO. 168 CITY COUNCIL MEETING 10/27/2015 REPORT PREPARED BY: Jay Henthorne, Public Safety Director/Chief of Police DEPARTMENT DIRECTOR REVIEW: Jay Henthorne, Public Safety Director 9/24/2015 OTHER DEPARTMENT REVIEW: N/A CITY MANAGER REVIEW: Steven L. Devich 10/21/2015 ITEM FOR COUNCIL CONSIDERATION: Consideration of the approval of a resolution to accept a grant of $9,520.02 from the Office of Justice Programs for bullet proof vests. EXECUTIVE SUMMARY: The U.S Department of Justice, Office of Justice Programs, through their Bulletproof Vest Partnership/Body Armor Safety Initiative (BVP), created by the Bulletproof Vest Partnership Grant Act of 1998, is designed to provide a critical resource to state and local law enforcement. The Richfield Department of Public Safety has participated in this grant since 2003. this grant allows the department to continually replace bulletproof vests that are out of warranty coverage. RECOMMENDED ACTION: By Motion: Approve the resolution accepting the grant of $9,520.02 from the Office of Justice Programs for bullet proof vests. BASIS OF RECOMMENDATION: A. HISTORICAL CONTEXT • Since 1999, the BVP program has awarded more than 13,000 jurisdictions a total of $393 million in for the purchase of over one million vests (1,197,348 as of December 2014). • The Richfield Department of Public Safety has received a total of $39,189.20 in the past ten years. • Based on data collected and recorded by BJA staff, in FY 2012, protective vests were directly attributable to saving the lives of at least 33 law enforcement and corrections officers, in 20 different states; an increase of 13.7% over FY 2011. At least 14 of those life saving vests were purchased with BVP funds. • BVP funds cover 50% of the cost of an individual vest. B. POLICIES (resolutions, ordinances, regulations, statutes, etch • Minnesota Statute 465.03 requires that every acceptance of a grant of 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 passed by more than two-thirds majority of the City Council in accordance with Minnesota Statute 465.03. C. CRITICAL TIMING ISSUES: The Bulletproof Vest Partnership requires that the vests are ordered on or after April 1, 2015. The deadline to request payments from the FY 2015 award funds is August 31, 2017, or until all available FY 2015 funds have been exhausted. D. FINANCIAL IMPACT: The amount of the grant is $9,520.02. E. LEGAL CONSIDERATION: There are no legal considerations. ALTERNATIVE RECOMMENDATION(S)_: Council could deny the resolution to accept the grant from the Department of Justice, Office of Justice Programs; however, the contributions would help defray the costs of replacing the bulletproof vests for the Department of Public Safety. PRINCIPAL PARTIES EXPECTED AT MEETING: None. ATTACHMENTS: Description Type ❑ Resolution Letter RESOLUTION NO. RESOLUTION APPROVING THE GRANT WITH THE U.S. DEPARTMENT OF JUSTICE, OFFICE OF JUSTICE PROGRAMS AND RICHFIELD POLICE FOR :III 14=1W:1919I&TA*i&I WHEREAS, following two years of declining law enforcement officer line -of -duty deaths, the country realized a dramatic 37 percent increase in officer deaths in 2010. Fifty-nine of the 160 officers killed in 2010 were shot during violent encounters; a 20 percent increase over 2009 numbers; and, WHEREAS, the U.S. Department of Justice is committed to improving officer safety and has undertaken research to review and analyze violent encounters and law enforcement officer deaths and injuries; and, WHEREAS, the Bulletproof Vest Partnership (BVP) was created by the Bulletproof Vest Partnership Grant Act of 1998 and is a unique U.S. Department of Justice initiative designed to provide a critical resource to state and local law enforcement; and, WHEREAS, the Richfield Department of Public Safety has been informed that a grant has been awarded to the department by the U.S. Department of Justice, Office of Justice Programs under their Bulletproof Vest Partnership (BVP) program, for $9,520.02 for the purchase of ballistic vests; and, WHEREAS, the BVP grant is under the Fiscal Year 2015 BVP awards, allowing purchases beginning on or after April 1, 2015 until August 31, 2017, or until all available 2015 award funds have been requested. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield, Minnesota, that the Public Safety Department and the Deputy Director of Public Safety will enter into an agreement to receive grant money for Richfield's bulletproof vest expenditures as outlined in the agreement. Adopted by the City Council of the City of Richfield, Minnesota this 27th day of October 2015. Debbie Goettel, Mayor ATTEST: Elizabeth VanHoose, City Clerk AGENDA SEC -10N: CONSENT CALENDAR AGENDA ITEM # 5.E. STAFF REPORT NO. 169 CITY COUNCIL MEETING 10/27/2015 REPORT PREPARED BY: Jay Henthorne, Director of Public Safety/Chief of Police DEPARTMENT DIRECTOR REVIEW: Jay Henthorne, Public Safety Director 10/19/2015 OTHER DEPARTMENT REVIEW: N/A CITY MANAGER REVIEW: Steven L. Devich 10/21/2015 ITEM FOR COUNCIL CONSIDERATION: Consideration of the approval of a resolution authorizing acceptance of Office of Traffic Safety (OTS) funds for a four-year grant to fully fund an officer and fully equipped squad car dedicated for DWI enforcement in Richfield. EXECUTIVE SUMMARY: The National Highway Traffic Safety Administration (NHTSA) is providing federal funding to the OTS to implement a program to support eight full time officers and equipment needed to enforce traffic laws, including squad cars to be used solely for DWI enforcement. Eight counties, including Hennepin, were chosen to receive grant funding. The grant is administered through the OTS. The grant will be guaranteed for four years but will be written for one federal fiscal year at a time. The City of Richfield has been awarded $123,702 for 2016. RECOMMENDED ACTION: By Motion: Approve the resolution allowing the Richfield Department of Public Safety to accept grant monies from the Office of Traffic Safety (OTS) for a four- year grant to fully fund an officer and fully equipped squad car dedicated for DWI enforcement in Richfield. BASIS OF RECOMMENDATION: A. HISTORICAL CONTEXT • In 2013, it was estimated that by the National Safety Council that the cost of alcohol-related crashes in Minnesota was $235 million. In that same year, 20 percent of those involved in alcohol related crashes were seriously injured and another 30 percent were killed. • The average number of DWI arrests per year in Richfield is 124. The goal is to increase that to 175 DWI arrests per year. • In 2014, Richfield had 18 DWI crashes. The goal is to bring that number down to 16 between October 1st, 2015 to September 30th, 2016 which is the fiscal year for State of Minnesota agencies. • Minnesota Motor Vehicle Crash Facts data showthat the hours between 5:00 p.m. and 5:00 a.m. as having the highest concentration of alcohol related crashes. The DWI officer's work shift will be from 5:00 p.m. to 5:00 a.m. with a minimum of two Fridays and two Saturdays per month to be a required part of the DWI officer's schedule. • Statistics will be checked daily, including but not limited to: speed tickets, seat belt tickets, texting tickets, "Not a Drop" tickets and warnings associated with these statistics. • Proactive criminal interdiction patrol would also be implemented. • The City of Richfield has been approved to receive $123,702 from the DWI Officer grant for 2016. B. POLICIES (resolutions, ordinances, regulations, statutes, etcy 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 to pay for one full-time police officer salary; including overtime and/or training. • 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: • The total length of the grant is expected to be for four years, however, grants will be written for one federal fiscal year at a time. D. FINANCIAL IMPACT: Federal guidelines require this money be spent on projects designed to reduce DWI incidents. Both the officer and majority of the equipment funded by the grant can only be used for the enforcement of laws prohibiting driving while impaired. If the DWI officer responds to, or is called to an incident for something other than an alcohol-related driving offense, the time spent on non - DWI related enforcement exceeding 15 successive minutes must be paid for by the agency. The vehicle will be assigned to and driven solely by the DWI officer. The Richfield Department of Public Safety has developed a work plan and budget that have been approved by the OTS. The grant will cover one full-time sworn officer, fringe benefits and a squad car with the necessary equipment to enforce traffic laws. Squad operating costs per mile, maintenance, uniforms and weapons are not covered by the grant. The Richfield Department of Public Safety has funds budgeted for items not covered by the grant. E. LEGAL CONSIDERATION: • There are no legal considerations. ALTERNATIVE RECOMMENDATION(S . Council could disapprove the acceptance of the grant monies but the Richfield Department of Public Safety would then not be able to dedicate an officer and fully equipped squad car to DWI enforcement. PRINCIPAL PARTIES EXPECTED AT MEETING: None ATTACHMENTS: Description Type ❑ DWI Officer Grant Resolution Resolution Letter ❑ DWI Officer Grant Agreement Contract/Agreement ❑ Certification Regarding Lobbying Exhibit RESOLUTION NO. RESOLUTION AUTHORIZING THE DEPARTMENT OF PUBLIC SAFETY/POLICE TO ACCEPT GRANT MONIES FROM THE OFFICE OF TRAFFIC SAFETY IN THE AMOUNT OF $123,702 OR A LESSER AMOUNT, AS AWARDED BY THE DEPARTMENT OF PUBLIC SAFETY, TO FUND A POLICE OFFICER AND FULLY EQUIPPED SQUAD DEDICATED TO DWI ENFORCMENT FOR FOUR YEARS. WHEREAS, Richfield Police Department has been approved by the Office of Traffic Safety (OTS) to receive funds made available to eight Counties in the State of Minnesota through federal funding provided by the National Highway Traffic Safety Administration (NHTSA); and WHEREAS, Richfield is scheduled to be awarded $123,702 or a lesser amount as awarded by the Minnesota Department of Public Safety to be used as designated by the grant agreement which mandates that the funds be used to support one full time officer, a squad car and the equipment dedicated to DWI enforcement for a term of four years; and, WHEREAS, Richfield has agreed that the Minnesota Department of Public Safety will serve as the fiscal agent; and, WHEREAS, in accordance with the agreement, squad operating costs per mile, maintenance, uniforms, weapons and time spent in excess of 15 minutes on non -DWI related calls will be covered by the Richfield Police Department; and, WHEREAS, Richfield Police has established an approved budget with the OTS for $123,702 or a lessor amount for the DWI enforcement program; and, NOW, THEREFORE, BE IT RESOLVED that the City of Richfield, Public Safety Department enter into a grant agreement with the Minnesota Department of Public Safety, for traffic safety enforcement projects during the period from October 1, 2015 to September 30, 2016. Adopted by the City Council of the City of Richfield, Minnesota this 27th day of October, 2015. Debbie Goettel, Mayor ATTEST: Elizabeth VanHoose, City Clerk Grant Agreement Page 1 of 2 Minnesota Department of Public Safety ("State") Grant Program: 2016 National Highway Traffic Office of Traffic Safety Safety Administration (NHTSA): DWI Officers 445 Minnesota Street, Suite 150 Saint Paul, MN 55101-5150 Project No.: 16-03-19 Grant Agreement No.: A-OFFICRI6-2016- RICHFPD-0007 Grantee: Grant Agreement Term: Richfield Police Department Effective Date: 10-1-15 6700 Portland Avenue South Expiration Date: 9-30-16 Richfield, MN 55423-2560 Grantee's Authorized Representative: Grant Agreement Amount: Sergeant Matthew Steen Original Agreement $ 123,702.00 Richfield Police Department Matching Requirement $ 0.00 6700 Portland Avenue South Richfield, MN 55423-2560 Phone: (612) 246-2375 Email: msteen(&,cityofrichfield.or State's Authorized Representative: Federal Funding: CFDA 20.608 and CFDA 20.616 Terri Pieper State Funding: None 445 Minnesota Street, Suite 150 Special Conditions: None Saint Paul, MN 55101-5150 Phone: (651) 201-7073 Email: tern. ie er state.mn.us Under Minn. Stat. § 299A.01, Subd 2 (4) the State is empowered to enter into this grant agreement. Term: Effective date is the date shown above or the date the State obtains all required signatures under Minn. Stat. § 16B.98, subd. 7, whichever is later. Once this grant agreement is fully executed, the Grantee may claim reimbursement for expenditures incurred pursuant to the Payment clause of this grant agreement. Reimbursements will only be made for those expenditures made according to the terms of this grant agreement. Expiration date is the date shown above or until all obligations have been satisfactorily fulfilled, whichever occurs first. The Grantee, who is not a state employee will: Perform and accomplish such purposes and activities as specified herein and in the Grantee's approved 2016 National Highway Traffic Safety Administration (NHTSA): DWI Officers Application ("Application") which is incorporated by reference into this grant agreement and on file with the State at 445 Minnesota Street, Suite 150 Saint Paul, MN 55101-5150. The Grantee shall also comply with all requirements referenced in the 2016 National Highway Traffic Safety Administration (NHTSA): DWI Officers Guidelines and Application which includes the Terms and Conditions and Grant Program Guidelines (https:HU12.dps.mn.p-ov/EGrants), which are incorporated by reference into this grant agreement. Budget Revisions: The breakdown of costs of the Grantee's Budget is contained in Exhibit A, which is attached and incorporated into this grant agreement. As stated in the Grantee's Application and Grant Program Guidelines, the Grantee will submit a written change request for any substitution of budget items or any deviation and in accordance with the Grant Program Guidelines. Requests must be approved prior to any expenditure by the Grantee. Matching Requirements. (If applicable.) As stated in the Grantee's Application, the Grantee certifies that the matching requirement will be met by the Grantee. DPS Grant Agreement non -state (OTS 04/14) Grant Agreement Page 2 of 2 Payment: As stated in the Grantee's Application and Grant Program Guidance, the State will promptly pay the Grantee after the Grantee presents an invoice for the services actually performed and the State's Authorized Representative accepts the invoiced services and in accordance with the Grant Program Guidelines. Payment will not be made if the Grantee has not satisfied reporting requirements. Certification Regarding Lobbying: (If applicable.) Grantees receiving federal funds over $100,000.00 must complete and return the Certification Regarding Lobbying form provided by the State to the Grantee. 1. ENCUMBRANCE VERIFICATION Individual certifies thatfunds nds have been encumbered as required by Minn. Stat. §§ 16A.15 and 16C.05. Signed: Date: Grant Agreement No. A-OFFICR I 6-2016-RICHFPD-0007 PO No. 3-36830 2. GRANTEE The Grantee certifies that the appropriate person(s) have executed the grant agreement on behalf of the Grantee as required by applicable articles, bylaws, resolutions, or ordinances. By: Title: Date: By: Title: Date: DPS Grant Agreement non -state (OTS 04/14) 3. STATE AGENCY By: (with delegated authority) Title: Date: Distribution: DPS/FAS Grantee State's Authorized Representative < I \ / \ / g S S S G 5 G g S 7 J % / / / ƒ / ) \ \ § \ , 2 g « C a m 2 § 2 2 / I \ / \ / g S 9 G@ G 7 \ \ \ \ § \ , 2 g « C a m » § 2 2 / / / / 0 § 3 & ® ® 3 & f m J § / a \ 3 $ { ) E 3 / \ ) � ] u \ � / of \ \ / k f _ }/ a « V- / \ \ \ $ (1) / 3 o 13 \ \ F- I \ / \ / CERTIFICATION REGARDING LOBBYING (For State of Minnesota Contracts and Grants over $100,000) The undersigned certifies, to the best of his or her knowledge and belief that: (1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, A Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form -LLL, "Disclosure of Lobbying Activities", in accordance with its instructions. (3) The undersigned shall require that the language of this certification be included in the award documents for all sub -awards at all tiers (including subcontracts, sub -grants, and contracts under grants, loans and cooperative agreements) and that all sub -recipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31 U.S.Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. Organization Name Name and Title of Official Signing for Organization 0 Signature of Official Date AGENDA SEC -10N: CONSENT CALENDAR AGENDA ITEM # 5.F. STAFF REPORT NO. 170 CITY COUNCIL MEETING 10/27/2015 REPORT PREPARED BY: Jay Henthorne, Director/Chief of Police DEPARTMENT DIRECTOR REVIEW: Jay Henthorne, Public Safety Director 10/13/2015 OTHER DEPARTMENT REVIEW: CITY MANAGER REVIEW: Steven L. Devich 10/21/2015 ITEM FOR COUNCIL CONSIDERATION: Consideration of the approval of the renewal of the contract with Chiefs Towing, Inc., for Public Safety towing services for December 1, 2015 through November 30, 2016. EXECUTIVE SUMMARY: The City of Richfield requires the services of a towing contractor to tow impounded vehicles/trailers as well as vehicles parked illegally during snow ordinance enforcement, etc. The contract with Chief's towing expires November 30, 2015. They are not requesting an increase for services provided for the 2016 contract period as fuel prices have stabilized. The rates will stay the same as the 2014-2015 contract period. RECOMMENDED ACTION: By Motion: Approve the renewal of the contract with Chiefs Towing, Inc., 8610 Harriet Avenue South, Bloomington, MN, for Public Safety towing services for the period of December 1, 2015, through November 30, 2016. 1 T-1MMe]0:7=Fero]iyiIiyi14►117_A9C7Z A. HISTORICAL CONTEXT The City currently has a contract with Chief's Towing, inc., for Public Safety towing services. Chief's Towing, Inc., was awarded the contract for 2015 and would like to renew the contract for the year 2016, as the contract expires on November 30, 2015. The contract can be automatically renewed if both parties agree to the renewal and if Chief's notifies the City in writing, 30 days in advance of the expiration of the contract, that they wish to renew. B. POLICIES (resolutions, ordinances, regulations, statutes, etcy • Chief's notified the City that they wish to renew the contract for 2015-2016. • The Public Safety department wishes to renew the contract with Chief's Towing, Inc. • Contracts for services need not be competitively bid. • The contract has numerous conditions that must be met. Chief's Towing, Inc., is a reputable, established towing business that meets all contract requirements. C. CRITICAL TIMING ISSUES: • A six month notice must be given by either party in writing to terminate the contact. On December 1, 2015, Public Safety must have towing services. This is particularly important with the possibility of snow ordinance violations at any time. Chief's is a large towing company that can handle the needs of Public Safety regarding seizure/impound vehicles and comply with City ordinances that a smaller company could not handle effectively. D. FINANCIAL IMPACT: • The current contract with Chief's reflects rates from 2014-2015. Rates will not increase for the period of December 1, 2015 -November 30, 2016, per the attached letter from Jeffery Schoenborn, General Manager of Chief's Towing. • There is adequate funding in the Public Safety budget to cover the costs. E. LEGAL CONSIDERATION: The City Attorney has reviewed and approved the past contract with Chief's Towing, Inc. ALTERNATIVE RECOMMENDATION(S): Council could chose to not sign the contract. However, Public Safety must have towing and impounding services beginning December 1, 2015. PRINCIPAL PARTIES EXPECTED AT MEETING: None. ATTACHMENTS: Description Type ❑ Letter and Rate sheet Backup Material ❑ 2015-2016 contract Contract/Agreement Chief s Towing, Inc 8610 Harriet Ave. South Bloomington, MN 55420 Ph 952-888-2201 watts 800-888-2201 October 6, 2015 City of Richfield Richfield Public Safety Department Chief Jay Henthorne 6700 Portland Avenue South Richfield, MN 55423 RE: CONTRACT FOR TOWING OF CITY VEHICLES, IMPOUNDING AND STORAGE OF MOTOR VEHICLES CONTRACT DECEMBER 1, 2015 THRU NOVEMBER 30, 2016. Dear Chief Henthorne; Chief's Towing, Inc. would like to take this opportunity to thank you for allowing us to perform the towing, impounding and storage of motor vehicles for the City of Richfield this past year. We would like to extend the contract for an additional (1) year period if such an extension is approved by the Richfield City Council. These services would be performed at the current rates, we will not be asking for an increase as fuel prices have stabilized for the time being. Attached is a list of those services showing the rates to be charged. Sincerely, Jeffery R. Schoenborn Chief's Towing, Inc. General Manager City of Richfield, MN Current and proposed rates for TOWING, IMPOUNDING, STORAGE OF VEHICLES AND SERVICES Current Proposed 12/01/2014 12/01/2015 thru thru 11/30/2015 11/30/2016 Towing of impounded cars, trucks (under 1 '/z ton capacity), Motorcycles, all -terrain vehicles, snowmobiles and unattended Utility trailers towed within the City of Richfield ................................... $ 88.60 $ 88.60 Towing charge for the same from outside the City of Richfield.................................................................................... $ 88.60 $ 88.60 Mileage charge for same.......................................................................... $ 3.55 $ 3.55 Towing of trucks (larger than 1 ton capacity) within the City of Richfield................................................................................ $148.50 $ 148.50 Towing charge for same outside the City of Richfield.................................................................................... $148.50 $ 148.50 Mileage charge for same.......................................................................... $ 3.55 $ 3.55 Use of Winch with a tow Car (Per hour)............................................................................ $ 22.10 $ 22.10 Truck (Per hour......................................................................... $ 36.65 $ 36.65 Useof Dolly.................................................................................... $ 22.10 $ 22.10 Use of low -bed trailer or truck (flatbed required) .................................... $ 110.85 $ 110.85 Storage Charges First 24 hours or fraction thereof: Inside Storage.............................................................. $ 39.80 $ 39.80 Outside Storage........................................................... $ 28.40 $ 28.80 Each additional 24 hours of fraction thereof: Inside Storage............................................................................ $ 39.20 $ 39.80 Outside Storage......................................................................... $ 28.80 $ 28.80 Forfeitures Vehicles forfeited to the City of Richfield ................................ $152.00 $ 152.00 City owned vehicles Towing city owned vehicle less than 1 ton within city of Richfield........ $ 43.15 $ 43.15 Mileage charge for same outside city ...................................................... $ 3.55 $ 3.55 AGREEMENT BETWEEN THE CITY OF RICHFIELD AND CHIEF'S TOWING, INC. FOR TOWING, IMPOUNDING AND STORAGE OF MOTOR VEHICLES. THIS AGREEMENT is made this 30th day of November, 2015, between the City of Richfield, a Minnesota municipal corporation located at 6700 Portland Avenue South, Richfield, Minnesota 55423 (hereinafter referred to as the "City"), and Chief's Towing, Inc., located at 8610 Harriet Avenue South (hereinafter referred to as the "Contractor") WITNESSETH WHEREAS, the City has a need to contract for the towing, impounding and storage of motor vehicles; and WHEREAS, the City requires that the towing operators are located within three (3) miles of the City limits; and WHEREAS, the Contractor is the operator of a towing and storage facility within three (3) miles of the City limits and has the expertise and capabilities to provide the required services; NOW THEREFORE, in consideration of the terms and conditions expressed herein, the parties agree as follows: TERM OF AGREEMENT The term of this Agreement shall be from December 1, 2015, to November 30, 2016, subject to termination as provided in Subdivision V. II. DUTIES OF CONTRACTOR A. The Contractor shall tow, impound, and store all motor vehicles, which are ordered removed under the direction of the police chief, or the fire chief, of the City of Richfield or their authorized and legal representatives. The Contractor shall be entitled to a charge for its towing and storage services pursuant to those fees specified in the Contractor's Proposal (Exhibit B). It is agreed that neither the City nor the Richfield Police Department is responsible for any charges as a result of towing and/or storage, with the exception of those vehicles identified by the Police as subject to forfeiture, and that the Contractor assumes liability for any unpaid charges. B. The Contractor agrees to provide the services, as proposed, and perform all other terms and conditions according to the City's Specifications and the Contractor's Proposal, incorporated by reference herein as Exhibit A and Exhibit B. C. The Contractor shall defend, indemnify and hold harmless, the City of Richfield, its officials, employees and agents, from any and all claims, causes of action, lawsuits, damages, losses, or expenses, including attorney fees, arising out of or resulting from the Contractor's (including its officials, agents or employees), performance of the duties required under this Agreement, provided that any such claim, damages, loss or expense is attributable to bodily injury, sickness, diseases or death or to injury to or destruction of property including the loss of use resulting therefrom and is caused in whole or in part by any negligent act or omission or willful misconduct of Contractor. D. It is agreed that nothing herein contained is intended or should be construed in any manner as creating or establishing the relationship of copartners between the parties hereto or as constituting the Contractor's staff as the agents, representatives or employees of the City for any purpose in any manner whatsoever. The Contractor and its staff are to be and shall remain an independent contractor with respect to all services performed under this Agreement. The Contractor represents that it has, or will secure at its own expense, all personnel required in performing services under this Agreement. Any and all personnel of the Contractor or other persons, while engaged in the performance of any work or services required by the Contractor under this Agreement, shall have no contractual relationship with the City and shall not be considered employees of the City, and any and all claims that may or might arise under the Workers' Compensation Act of the State of Minnesota on behalf of said personnel or other persons while so engaged, and any and all claims whatsoever on behalf of any such person or personnel arising out of employment or alleged employment including, without limitation, claims of discrimination against the Contractor, its officers, agents, contractors or employees shall in no way be the responsibility of the City; and the Contractor shall defend, indemnify and hold the City, its officers, agents and employees harmless from any and all such claims regardless of any determination of any pertinent tribunal, agency, board, commission or court. Such personnel or other persons shall not require nor be entitled to any compensation, rights or benefits of any kind whatsoever from the City, including, without limitation, tenure rights, medical and hospital care, sick and vacation leave, Workers' Compensation, Unemployment Compensation, disability, severance pay and PERA. E. The parties agree to comply with the Minnesota State Human Rights Act, Minnesota Statutes, Section 363. F. The Contractor agrees to maintain for the full term of this Agreement, the following minimum insurance coverage: a) $1,000,000.00 Comprehensive General Liability insurance, Business Auto Policy with $1,000,000.00 limits and Garage Keeper's Legal Liability. b) Workers' Compensation insurance covering all employees of the Contractor, or his agents, in accordance with the Minnesota Workers' Compensation Law. Certifications of insurance must be filed with the City and shall include a provision that states the insurance company shall give the City at least 25 days written notice prior to cancellation, non -renewal, or any material change in the policy. The Contractor further agrees to name the City of Richfield as additional insured on said comprehensive general liability policy. G. The Contractor agrees to furnish on or before the date this Agreement becomes effective, an acceptable corporate surety bond in the amount of $10,000, payable to the City of Richfield and subject to approval by the Richfield City Attorney, for the faithful performance of all duties and obligations imposed under the terms and conditions of the Agreement. III. DUTIES OF THE CITY The City agrees to pay the Contractor the flat rate charge of $152.00 per vehicle for the towing and storage of vehicles identified by the Police Department as subject to forfeiture and which are subsequently released to the Police Department. IV. MISCELLANEOUS A. This agreement represents the entire Agreement between the Contractor and the City and supersedes and cancels any and all prior agreements or proposals, written or oral, between the parties relating to the subject matter hereof; and amendments, addenda, alterations, or modifications to the terms and conditions of this Agreement shall be in writing and signed by both parties. B. The Contractor agrees to comply with the Americans With Disabilities Act (ADA), Section 504 of the Rehabilitation Act of 1973, and not discriminate on the basis of disability in the admission or access to, or treatment of employment in its services, programs, or activities. The Contractor agrees to hold harmless and indemnify the City from costs, including but not limited to damages, attorney's fees and staff time, in any action or proceeding brought, alleging a violation of ADA and/or Section 504 caused by the Contractor. Upon request, accommodation will be provided to allow individuals with disabilities to participate in all services, programs and activities. The City has designated coordinators to facilitate compliance with the Americans with Disabilities Act of 1990, as required by Section 35.107 of the U.S. Department of Justice regulations, and to coordinate compliance with Section 504 of the Rehabilitation Act of 1973, as mandated by Section 8.53 of the U.S. Department of Housing and Urban Development regulations. C. The Contractor will comply with all applicable provisions of the Minnesota Government Data Practices Act, Chapter 13 of the Minnesota Statutes. The Contractor agrees to comply with all applicable local, state and federal laws, rules and regulations in the performance of the duties of this contract. D. This Agreement shall not be assignable except at the written consent of the City. E. The books, records, documents, and accounting procedures of the Contractor, relevant to this Agreement, are subject to examination by the City, and either the legislative or state auditor as appropriate, pursuant to Minnesota Statutes, Section 168.06, Subdivision 4. F. The City and the Contractor agree to submit all claims, disputes and other matters in question between the parties arising out of or relating to this Agreement to mediation. The mediation shall be conducted through the Mediation Center, 1821 University Avenue, St. Paul, Minnesota. The parties hereto shall decide whether mediation shall be binding or non-binding. If the parties cannot reach agreement, mediation shall be non-binding. In the event mediation is unsuccessful, either party may exercise its legal or equitable remedies and commence such action prior to the expiration of the applicable statute of limitations. V. TERMINATION Either party may terminate this Agreement for any reason upon giving six (6) months advanced written notice to the other party. IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be executed the day and year first above written. DATED: DATED: CITY OF RICHFIELD BY: Its Mayor BY: Its Manager CHIEF'S TOWING, INC. DATED: BY: Its: AGENDA SEC -10N: CONSENT CALENDAR AGENDA ITEM # 5.G. STAFF REPORT NO. 171 CITY COUNCIL MEETING 10/27/2015 REPORT PREPARED BY: Betsy Osborn, Support Services Manager DEPARTMENT DIRECTOR REVIEW: Jay Henthorne, Public Safety Director 10/19/2015 OTHER DEPARTMENT REVIEW: CITY MANAGER REVIEW: Steven L. Devich 10/21/2015 ITEM FOR COUNCIL CONSIDERATION: Consideration of the approval of a resolution authorizing the lawful gambling premises permit for Richfield Lions Club to conduct lawful gambling at the Minneapolis -Richfield American Legion Post #435, 6501 Portland Avenue South. EXECUTIVE SUMMARY: On September 30, 2015, the City received a copy of an application for a premises permit submitted to the Minnesota State Gambling Control Board by Richfield Lions Club, to conduct lawful gambling at the Minneapolis -Richfield American Legion Post #435, 6501 Portland Avenue South. From June 24, 2014, to June 30, 2015, the Fred Babcock VFW Post #5555 was approved for a lawful gambling premises permit at the Minneapolis -Richfield American Legion Post #435 until Fred Babcock VFW Post #5555 terminated their lease agreement with the Minneapolis -Richfield American Legion Post #435. If approved, the application would allow lawful gambling to continue at the Minneapolis -Richfield American Post #435 while they are in the process of securing a new gambling license from the State of Minnesota after a one year revocation due to gambling violations. The Richfield Lions Club would be responsible for managing the conduct of lawful gambling on the Minneapolis -Richfield American Legion's premises RECOMMENDED ACTION: By motion: Adopt the resolution approving the lawful gambling premises permit application for Richfield Lions Club to conduct lawful gambling at the Minneapolis -Richfield American Legion Post #435, 6501 Portland Avenue South. BASIS OF RECOMMENDATION: A. HISTORICAL CONTEXT In May of 2014, the Minnesota Gambling Control Board revoked the lawful gambling license of the Minneapolis -Richfield American Legion Post #435 for a period of one year due to gambling violations. On June 24, 2014, the City of Richfield adopted a resolution approving the lawful gambling premises permit for Fred Babcock VFW Post #5555, to conduct lawful gambling at the Minneapolis -Richfield American Legion Post #435, 6501 Portland Avenue South. On June 30, 2015, the lawful gambling premises permit for Fred Babcock VFW Post #5555 was terminated by Fred Babcock VFW Post #5555 when they ended their lease agreement with the Minneapolis -Richfield American Legion Post #435. On September 30, 2015, the City received a copy of an application for a premises permit submitted to the Minnesota State Gambling Control Board by Richfield Lions Club to conduct lawful gambling at the Minneapolis -Richfield American Legion Post #435, 6501 Portland Avenue South. B. POLICIES (resolutions, ordinances, regulations, statutes, etcy City Code, section 1100. 13, subd. 7, allows a licensed gambling organization to lease or occupy an on -sale liquor establishment at a different location for the purpose of conducting gambling. The Minneapolis -Richfield American Legion Post #435 is an on -sale liquor establishment. The Minnesota Gambling Control Board requires a licensed gambling organization submit a premises permit application and lease form for lawful gambling activity at another site. The Board requires the City Council approve the permit application by Resolution. The Richfield Lions Club is already a licensed gambling organization, so no investigation or fee is required. C. CRITICAL TIMING ISSUES: The Minnesota Gambling Control Board approves permit applicants at the beginning of each month. If the Council adopts the Resolution at the meeting on October 27, 2015, the Richfield Lions Club could begin operation and management of the gambling activity at the Legion after November 1, 2015. Otherwise, the applicant would be required to wait until December 1, 2015. D. FINANCIAL IMPACT: There is no financial impact. E. LEGAL CONSIDERATION: The City Attorney drafted the Resolution of approval and is available for questions. ALTERNATIVE RECOMMENDATION(S . The City Council could deny the request for the premises permit for Richfield Lions Club. This would mean the applicant would not be able to conduct gambling activities at the Minneapolis -Richfield American Legion site. PRINCIPAL PARTIES EXPECTED AT MEETING: Parties from the Minneapolis -Richfield American Legion and the Richfield Lions Club have been notified of the meeting and both will have representatives present. ATTACHMENTS: Description Type D Resolution for Gambling Premises Permit for Richfield Resolution Letter Lions Club RESOLUTION NO. A RESOLUTION APPROVING THE LAWFUL GAMBLING PREMISES PERMIT APPLICATION FOR THE RICHFIELD LION'S CLUB TO CONDUCT LAWFUL GAMBLING AT THE MINNEAPOLIS -RICHFIELD AMERICAN LEGION POST #435 AT 6501 PORTLAND AVENUE SOUTH WHEREAS, the Richfield Lion's Club is submitting an application to the Minnesota Gambling Control Board for approval of a Premises Permit application to conduct lawful charitable gambling at the American Legion Post #435 at 6501 Portland Avenue South, Richfield, MN; and WHEREAS, the gambling premises is located within the City limits of Richfield, Minnesota; and WHEREAS, the Richfield Lion's Club is a lawful gambling organization within the City; and WHEREAS, the Richfield Lion's Club will be responsible for operating and managing the lawful gambling activity at the American Legion site and will comply with all applicable requirements of city code and state statutes. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield, Minnesota that the City Council does hereby approve the issuance of a Premises Permit to the Richfield Lion's Club to conduct lawful charitable gambling activities at the American Legion Post #435, 6501 Portland Avenue South, Richfield, Minnesota. Adopted by the City Council of the City of Richfield, Minnesota this 27`h day of October, 2015. Debbie Goettel, Mayor ATTEST: Elizabeth VanHoose, City Clerk 468959v1 MDT RC1 60-3 AGENDA SEC -10N: CONSENT CALENDAR AGENDA ITEM # 5.H. STAFF REPORT NO. 172 CITY COUNCIL MEETING 10/27/2015 REPORT PREPARED BY: John Stark, Community Development Director DEPARTMENT DIRECTOR REVIEW: John Stark, Community Development Director 10/20/2015 OTHER DEPARTMENT REVIEW: N/A CITY MANAGER REVIEW: Steven L. Devich 10/21/2015 ITEM FOR COUNCIL CONSIDERATION: Consideration of the approval of a first reading of an ordinance authorizing the conveyance of property owned by the City of Richfield to the Richfield Housing and Redevelopment Authority. EXECUTIVE SUMMARY: One of the primary purposes of a City's Housing and Redevelopment Authority (HRA) is to purchase and sell properties for redevelopment purposes. State statutes have established a more streamlined process for HRAs to act in this capacity. HRA legal counsel has provided a memorandum (attached) that provides further details on the HRA's roles and abilities related to the ownership, sale and leasing of publicly owned land. This memo further supports staff's recommendation that City -owned parcels intended for redevelopment be conveyed to the HRA. In recent years, staff has encountered situations in which portions of a redevelopment site are owned by the City while other portions are owned by the HRA. This is the case on the City Garage site and with much of the Cedar Corridor Redevelopment Area. Staff has also encountered situations where the City owns the site, but the HRA would act in partnership with potential non-profit developers for the solicitation of funding and other roles in the process. Often times, the applications from agencies that provide grant funding are written in a way that presumes the body applying for funds also owns the property. For these reasons, staff is recommending that the City convey the properties it owns for the sole purpose of redevelopment to the HRA. The properties in question are located in one of three areas; the Cedar Avenue Corridor, the area on the east side of Portland Avenue just south of the 66th Street roundabout and parcels located at the former City Garage site (see full list of properties in the attached Ordinance). This information was provided to the City Council and HRA earlier in the year via Council Memorandum No. 28 (April 23) and at an April 28 worksession. At that time, Councilmembers were in agreement that this item should be brought back for formal consideration. Since that time, staff has been working to clean up any title issues or other issues related to each property so that the parcels are as unencumbered as possible. The conveyance of the properties would result in a one-time expenditure (in the book value of the properties) to City accounts and commensurate revenue to HRA accounts. This transaction would be reflected in the 2015 financial reports for both the City and HRA. RECOMMENDED ACTION: By motion: Approve a first reading of an ordinance authorizing the conveyance of property owned by the City of Richfield to the Richfield Housing and Redevelopment Authority. BASIS OF RECOMMENDATION: A. HISTORICAL CONTEXT • Staff provided City Council members with a memo (Council Memorandum No. 28) on April 23, 2015 in which this action was recommended. • At its worksession on April 28, 2015, City Council members discussed this topic and directed staff to draft an ordinance for formal consideration. B. POLICIES (resolutions, ordinances, regulations, statutes, etcy • State statutes prescribe a process allowing a City's Housing and Redevelopment Authority (HRA) to purchase and sell properties for redevelopment purposes. C. CRITICAL TIMING ISSUES: • If approved, the second reading of this ordinance will be scheduled for October 27. • Six properties included in the ordinance are affected by an Option Agreement held by the Ryan Companies. Those Agreements are set to terminate on June 30, 2016. Staff will delay the conveyance of those properties to the HRA until after that date (unless Ryan is amenable to terminating those Agreements prior to that date). D. FINANCIAL IMPACT: • The conveyance of the properties would result in a one-time expenditure (in the book value of the properties) to City accounts and commensurate revenue to HRA accounts. This transaction would be reflected in the 2015 financial reports for both the City and HRA. E. LEGAL CONSIDERATION: • The Ordinance was drafted by Julie Eddington, HRA legal counsel. ALTERNATIVE RECOMMENDATION(Sl: • Delay consideration of a First Reading in order to obtain further information about the impacts or benefits of transferring the properties tot he HRA. • Deny approval of a First Reading and allow the subject properties to remain uder the ownership of the City. PRINCIPAL PARTIES EXPECTED AT MEETING: None. ATTACHMENTS: Description Type D 102715 Ordinance - Conveyance of property to HRA Ordinance D Attorney Opinion re: Ownership Benefits Cover Memo ORDINANCE NO. AN ORDINANCE AUTHORIZING THE CONVEYANCE OF PROPERTY OWNED BY THE CITY THE CITY OF RICHFIELD DOES ORDAIN: Section 1. Background; findings; authority_. 1.01. The City of Richfield (the "City") is governed by home rule charter adopted pursuant to the Constitution of the State of Minnesota and Minnesota Statutes, Chapter 410. 1.02 The City is the owner of thirty-five parcels of real property located in the City of Richfield, as described in the attached Exhibit A (the "City Property") and legally described as shown therein. 1.03. It has been proposed that the City convey the City Property to the Richfield Housing and Redevelopment Authority ("HRA") for the purpose of future redevelopment. Pursuant to Section 13.04 of the City's Charter, no real property of the City shall be disposed of except by ordinance. 1.04. Pursuant to Minnesota Statutes, Chapter 462.356, it has been determined that the proposed disposal of property has no relationship to the comprehensive plan. 1.05. The Council finds and determines that it is in the best interests of the City to convey the City Property to the HRA for the purpose of redevelopment. Section. 2 Adoption; effective date; filing 2.01 The conveyance of the City Property to the HRA is approved. The Mayor and the City Manager are authorized and directed to convey the City Property to the HRA and take all steps necessary to effect such conveyance. 2.02. This Ordinance shall take effect after the thirtieth (30`x') day, exclusive of day of publication. Passed by the City Council of the City of Richfield, Minnesota this 27th day of October, 2015. Debbie Goettel, Mayor ATTEST: Beth VanHoose, City Clerk EXHIBIT A City of Richfield properties to be conveyed to Richfield HRA Cedar Corridor Redevelopment Area Address 6614 18th Ave. S 6620 18th Ave. S 6626 18th Ave. S 6632 18th Ave. S 6638 18th Ave. S 6644 18th Ave. S 6700 18th Ave. S 6708 18th Ave. S 6714 18th Ave. S 6720 18th Ave. S 6726 18th Ave. S 6732 18th Ave. S 6738 18th Ave. S 6744 18th Ave. S 6701-03 18th Ave. S 6709-11 18th Ave. S 6721 18th Ave. S 6727 18th Ave. S 6733 18th Ave. S 6739 18th Ave. S 6745 18th Ave. S 6700 Cedar Ave. S 6601 17th Ave. S 6609 17th Ave. S 6615 17th Ave. S 6621 17th Ave. S 6627 17th Ave. S 6633 17th Ave. S 6639 17th Ave. S 6645 17th Ave. S Tax Parcel Number 26-028-24-41-0066 26-028-24-41-0067 26-028-24-41-0068 26-028-24-41-0069 26-028-24-41-0070 26-028-24-41-0071 26-028-24-41-0080 26-028-24-41-0081 26-028-24-41-0082 26-028-24-41-0083 26-028-24-41-0084 26-028-24-41-0085 26-028-24-41-0086 26-028-24-41-0087 26-028-24-41-0107 26-028-24-41-0106 26-028-24-41-0104 26-028-24-41-0103 26-028-24-41-0102 26-028-24-41-0101 26-028-24-41-0100 26-028-24-41-0096 26-028-24-41-0079 26-028-24-41-0078 26-028-24-41-0077 26-028-24-41-0076 26-028-24-41-0075 26-028-24-41-0074 26-028-24-41-0073 26-028-24-41-0072 66th & Portland Roundabout Legal Description Lot 3, Block 2, Wexler's Addition Lot 4, Block 2, Wexler's Addition Lot 5, Block 2, Wexler's Addition Lot 6, Block 2, Wexler's Addition Lot 7, Block 2, Wexler's Addition Lot 8, Block 2, Wexler's Addition Lot 1, Block 3, Wexler's Addition Lot 2, Block 3, Wexler's Addition Lot 3, Block 3, Wexler's Addition Lot 4, Block 3, Wexler's Addition Lot 5, Block 3, Wexler's Addition Lot 6, Block 3, Wexler's Addition Lot 7, Block 3, Wexler's Addition Lot 8, Block 3, Wexler's Addition Lot 16, Block 4, Wexler's Addition Lot 15, Block 4, Wexler's Addition Lot 13, Block 4, Wexler's Addition Lot 12, Block 4, Wexler's Addition Lot 11, Block 4, Wexler's Addition Lot 10, Block 4, Wexler's Addition Lot 9, Block 4, Wexler's Addition Lots 1 and 2, Block 4, Wexler's Addition Lot 16, Block 2, Wexler's Addition Lot 15, Block 2, Wexler's Addition Lot 14, Block 2, Wexler's Addition Lot 13, Block 2, Wexler's Addition Lot 12, Block 2, Wexler's Addition Lot 11, Block 2, Wexler's Addition Lot 10, Block 2, Wexler's Addition Lot 9, Block 2, Wexler's Addition Address Tax Parcel Number 6613 Portland Ave S 26-028-24-32-0049 6617 Portland Ave S 26-028-24-32-0048 6621 Portland Ave S 26-028-24-32-0047 6625 Portland Ave S 26-028-24-32-0046 Former City Garne Site Address Tax Parcel Number 7700 Pillsbury Ave S 34-028-24-34-0073 7644 Pillsbury Ave S 34-028-24-34-0072 Legal Description Lot 34, Auditor's Subdivision No. 340, Hennepin County, Minnesota Lots 33 and 59, Auditor's Subdivision No. 340 Lot 32, Auditor's Subdivision No. 340 Lot 31, Auditor's Subdivision No. 340 Legal Description Lot 6, Block 4, "R.C. Soens Addition" Lot 3, except the North 75 feet thereof, and all of Lots 4 and 5, in Block 4, "R.C. Soens Addition" Kennedy Graven W CHARTERED 470 US Bank Plaza 200 South Sixth Street Minneapolis MN 55402 (612) 337-9300 telephone (612) 337-9310 fax http://,,k-ww.kennedy-gi-aven.com MEMORANDUM TO: John Stark Community Development Director City of Richfield FROM: Julie Eddington DATE: April 22, 2015 RE: HRA Holding Property for Future Redevelopment BACKGROUND The City of Richfield (the "City') is considering conveying property it currently holds for redevelopment to its Housing and Redevelopment Authority (the "HRA") to take advantage of the redevelopment abilities the HRA has under Minnesota law. You've asked for a brief summary of the HRA's redevelopment powers, which may provide a benefit to both the City and HRA if the properties designated for future redevelopment are transferred from City ownership to HRA ownership. HRA'S REDEVELOPMENT POWERS HRA has the broad powers to create and operate "redevelopment projects" pursuant to Minn. Stat. Sections 469.001 to 469.047 (the "HRA Act"). A redevelopment project can be any work or undertaking to acquire property in order to remove, prevent or reduce blight or blighting factors; construct utilities and site improvements essential to the preparation of sites for uses in accordance with the redevelopment plan; or sell or lease land for uses in accordance with a redevelopment plan. To redevelop properties within the City, in addition to the general powers of redevelopment set out above, the HRA has the power to, among other things: a. To undertake, prepare, carry out and operate projects and to provide for the construction, reconstruction, improvement, extension, alteration, or repair of any project or any part thereof. b. To give, sell, transfer, convey or otherwise dispose of real or personal property or any interest therein, and to execute leases, deeds, conveyances, negotiable instruments, purchase agreement and other contracts or instruments. C. To carry out studies of the housing and redevelopment needs within the City and of the meeting those needs. d. To lease or rent land and buildings. e. To own, hold and improve real or personal property and to sell, lease, exchange, transfer, assign, pledge or dispose of any real or personal property. £ Establish and operate a commercial rehabilitation loan program. g. To make loans to a business, a for-profit or nonprofit organization, or an individual for any purpose that an HRA is otherwise authorized to cavy out under the HRA Act. In addition to the powers described above, HRAs may establish tax increment financing districts (with City Council approval). Tax increment may be used to finance or otherwise pay "public redevelopment costs" pursuant to the HRA Act, including public infrastructure, land acquisition, site improvements, demolition, correction of soil conditions, and administrative expenses of the HRA. Please contact me at your convenience with any questions regarding the foregoing. KENNEDY & GRAVEN, CHARTERED Julie Eddington AGENDA SEC -10N: PUBLIC HEARINGS AGENDA ITEM # 7. STAFF REPORT NO. 173 CITY COUNCIL MEETING 10/27/2015 REPORT PREPARED BY: Betsy Osborn, Support Services Manager DEPARTMENT DIRECTOR REVIEW: Jay Henthorne, Public Safety Director 10/2/2015 OTHER DEPARTMENT REVIEW: N/A CITY MANAGER REVIEW: Steven L. Devich 10/21/2015 ITEM FOR COUNCIL CONSIDERATION: Public hearing regarding the approval of new On Sale Wine and 3.2 Percent Malt Liquor licenses for Minnesota Junior Hockey Group, LLC d/b/a Minnesota Magicians, located at the Richfield Ice Arena, 636 East 66th Street. EXECUTIVE SUMMARY: On August 31, 2015, the City received the application materials for new On Sale Wine and 3.2 Percent Malt Liquor licenses for Minnesota Junior Hockey Group, LLC, d/b/a Minnesota Magicians, located at the Richfield Ice Arena, 636 East 66th Street. Champps currently holds On Sale Wine and 3.2 Percent Malt Liquor licenses which allow them to serve alcohol at the Richfield Ice Arena during Minnesota Magician Hockey games. The Minnesota Magicians have decided they would like to hold the On Sale Wine and 3.2 Percent Malt Liquor licenses to serve alcohol during the games as opposed to Champps. In 2014, the State of Minnesota passed special legislation to allow an existing alcohol licensed establishment or the Minnesota Magicians themselves to be able to serve alcohol at the Minnesota Magician Hockey games. The owners of the Minnesota Magicians have agreed to all the conditions, as noted below in the historical context section, and set forth by the Public Safety Director, City Manager and City Attorney. All required information and documents have been received. A pro -rated fee for the duration of two months has been received. The Public Safety background investigation has been completed. The results of the investigation are summarized in an attachment to this report. The Public Safety Director has reviewed the background investigation report. None of the information in the report would cause the Public Safety Director to recommend denial of the requested licenses. RECOMMENDED ACTION: Conduct and close the public hearing and by motion: Approve the issuance of new On Sale Wine and 3.2 Percent Malt Liquor licenses for Minnesota Junior Hockey Group, LLC d/b/a Minnesota Magicians, located at the Richfield Ice Arena, 636 East 66th Street. BASIS OF RECOMMENDATION: A. HISTORICAL CONTEXT The applicant has satisfied the following requirements for issuance of licenses: • The required license fees have been paid. • Real estate taxes are current. • Proof of commercial and liquor liability insurance have been received showing Illinois Union Insurance Company as affording coverage. The following are the conditions agreed upon set forth by the City: • The owners of the Minnesota Magicians should carefully review alcohol resolution No. 9511 that specifies the disciplinary action they can expect for violations listed in the resolution. Compliance checks are routinely done on all licensed alcohol establishments and the arena will be included in that as well. The owners should clearly understand the consequences of failing a compliance check as it requires a Council appearance at a public meeting and in all cases also involves a suspension and a fine. • The owners must I.D. and verify the age of anyone purchasing alcohol. They must also issue a wristband to all persons buying alcohol in the arena that must be worn at all times. This will be helpful for staff but also for police to monitor so alcohol doesn't get in the hands of underage individuals. • State law requires anyone selling alcohol must obtain a buyers card from the State once the City has approved the license that will allow them to purchase alcohol from a wholesale distributor. No alcohol may be obtained/sold in any way through anyone other than a State approved distributor. The State will not allow them to purchase alcohol from them until they have the State's buyers card. This is stated in Minn. R. 7515.0520. The owner cannot purchase alcohol directly from a City liquor store or another retailer. • A police officer will be required to be in attendance at all home games whenever alcohol is being sold. • The City will continue to operate the main concession stand in the arena. • Because the Arena is a city -owned facility and because the City's liability may be up to $1.5 million under State Statute 466.04, they must procure liquor liability insurance in the amount of $1.5 million and list the City of Richfield as an additional insured. • The owner must employ servers who are licensed through the City (liquor dispenser licenses) which is the case for all alcohol establishments in Richfield and they must be trained in alcohol awareness training through either an independent alcohol awareness firm or through their wholesale distributor. Proof of this training must be provided for all licensed servers to the City. • State Statute 340A.909 also requires that at least one Minnesota produced beer must be sold in a public facility such as the arena. Alcohol sales at the Richfield Ice Arena fall under Minnesota 2014 Law Chapter 240, Section 22. There is no food/alcohol sales ratio rule for this establishment. As stated in the Executive Summary, the Public Safety Director has reviewed the background information and sees no basis for denial. On Sale Wine and 3.2 Percent Malt Liquor licenses require owners of these establishments to comply with Resolution No. 9511, which outlines the discipline they can expect if any ongoing problems occur. A copy of this resolution has been given to the owners of the establishment. There are no distance requirements to notify neighbors of the issuance of On Sale Wine and 3.2 Percent Malt Liquor licenses. The Notice of Public Hearing was published in the Richfield Sun Current on October 15, 2015. B. POLICIES (resolutions, ordinances, regulations, statutes, etch Richfield City Code Section 1202 requires owners of On Sale Wine and 3.2 Percent Malt Liquor license establishments to comply with all the provisions of both City Code and State Statutes. C. CRITICAL TIMING ISSUES: There are no critical timing issues. D. FINANCIAL IMPACT: Licensing fees have been received. E. LEGAL CONSIDERATION: The requirements of Resolution No. 9511 must be met, which outlines the discipline they can expect if any on-going problems occur. A copy of this resolution has been given to the owners of the establishment. ALTERNATIVE RECOMMENDATIONC5 . • The Council could decide to deny the requested licenses, which would mean the current applicants would not be able to serve wine and 3.2 percent malt liquor; however, Public Safety has found no basis to deny the license. • Schedule the hearing for another date; however, this will delay the licensing process. PRINCIPAL PARTIES EXPECTED AT MEETING: Scoff Meyer - President Kevin Ingvalson - Vice President Joe Pankratz - Co Owner ATTACHMENTS: Description Type ❑ MN Magicians Summary of Background Backup Materia SUMMARY OF BACKGROUND INVESTIGATION FOR MINNESOTA JUNIOR HOCKEY GROUP, LLC D/B/A MINNESOTA MAGICIANS Officers: Scott Meyer — President Kevin Ingvalson —Vice President Joe Pankratz — Co Owner Scott Krueger — Co Owner Criminal Histories: Criminal history checks were conducted on all of the applicants. The applicants showed no convictions that would prevent them from holding or being party to a liquor license. Scott Meyer — President, Kevin Ingvalson — Vice President and Joe Pankratz — Co Owner will be serving as the On -Premise Managers. Premises: The applicants have provided a copy of the rental agreement showing The City of Richfield holding financial interest as lessor of the property. Record of Service Calls: Being this is a new business, there are no records of service calls. Violations: Being this is a new business, there are no violations for sale of alcohol to underage youth. Routine Information: On sale Wine and 3.2 Percent Malt liquor licenses require owners of these establishments to comply with Resolution No. 9511, which outlines the discipline they can expect if any ongoing problems occur. A copy of this resolution has been given to the owners of the establishment. There are no distance requirements to notify neighbors of the issuance or renewal of On Sale Wine and 3.2 Percent Malt Liquor licenses. The notice of Public Hearing was published in the Richfield Sun Current on October 15, 2015. 102715 MN Magicians AGENDA SEC -10N: PUBLIC HEARINGS AGENDA ITEM # 8. STAFF REPORT NO. 174 CITY COUNCIL MEETING 10/27/2015 REPORT PREPARED BY: Melissa Poehlman, City Planner DEPARTMENT DIRECTOR REVIEW: John Stark, Community Devolpment Director 10/19/2015 OTHER DEPARTMENT REVIEW: N/A CITY MANAGER REVIEW: Steven L. Devich 10/21/2015 ITEM FOR COUNCIL CONSIDERATION: Public hearing to consider a resolution regarding the final plat for land located at the corner of 76th Street and Sheridan Avenue. This land has been approved for construction of five townhomes. EXECUTIVE SUMMARY: As a condition of approval of plans for a cluster housing development at the southeast corner of 76th Street and Sheridan Avenue, the applicant was to submit for approval of a final plat. The attached plat creates five individual lots and is substantially similar to the preliminary plat approved by the Council on July 14, 2015; minor changes addressing items identified by the City Attorney's Office have been made. RECOMMENDED ACTION: Conduct and close a public hearing and by motion: Approve the resolution for a final plat of Sheridan Villas Addition. 1 T-1MM70:7=WiiyiIiyi14ki117_A9C7ki A. HISTORICAL CONTEXT None B. POLICIES (resolutions, ordinances, regulations, statutes, etch • The final plat satisfies the requirements of the City's subdivision ordinances. • The applicant must submit sets of mylar versions of the plat to the City for signature by the Mayor and City Manager. • Code requires plats to be recorded within 30 days unless the Council grants an a)dension for good cause. C. CRITICAL TIMING ISSUES: 120 -DAY RULE: A complete plat application was received on October 5, 2015. A decision on the plat is required by February 6, 2016 unless the applicant agrees to an extension of this deadline. D. FINANCIAL IMPACT: None. E. LEGAL CONSIDERATION: Notice of this public hearing was published in the Sun Current Newspaper and mailed to properties within 350 feet of the proposal. ALTERNATIVE RECOMMENDATION(Sl: • Approve the attached resolution with modifications. PRINCIPAL PARTIES EXPECTED AT MEETING: Representative of Greater Metropolitan Housing Corporation ATTACHMENTS: Description Type ❑ Resolution Resolution Letter ❑ Approved plans Exhibit ❑ Planning & Zoning Maps Exhibit RESOLUTION NO. RESOLUTION GRANTING APPROVAL OF A PLAT FOR SHERIDAN VILLAS ADDITION WHEREAS, Greater Metropolitan Housing Corporation ("Applicant") has requested approval to subdivide land located at 2517 — 76th Street West; and WHEREAS, the Richfield Housing and Redevelopment Authority is the fee owner of the land and has consented to this application; and WHEREAS, the proposed subdivision is to be known as SHERIDAN VILLAS ADDITION; and WHEREAS, a public hearing was held on the proposed plat of SHERIDAN VILLAS ADDITION on Tuesday, October 27, 2015 at which all interested persons were given the opportunity to be heard; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield, as follows: 1. The proposed plat of SHERIDAN VILLAS ADDITION satisfies the requirements of the City's subdivision ordinances. 2. Approval of the plat of SHERIDAN VILLAS ADDITION is granted with the following conditions: a. The applicant must submit two mylar copies of the plat for signature by the City. b. The plat must be recorded within 30 days of this approval and proof of recording submitted to the City. Adopted by the City Council of the City of Richfield, Minnesota this 27th day of October, 2015. Debbie Goettel, Mayor ATTEST: Elizabeth VanHoose, City Clerk EXHIBIT A LEGAL DESCRIPTION That part of the East 3/4 of the Southeast Quarter of the Southeast Quarter (SE 1/4 of SE 1/4) of Section Thirty-two (32), Township Twenty- eight (28), Range Twenty-four (24), described as commencing at the northwest corner of said East 3/4 of the SE 1/4 of the SE 1/4; thence East along the North line of said SE 1/4 of the SE 1/4 170 feet; thence South parallel with the West line of said East 3/4 of SE 1/4 of the SE 1/4 258 feet; thence West parallel with the North line of said SE 1/4 of the SE 1/4 170 feet to the West line of said East 3/4 of the SE 1/4 of the SE 1/4; thence North along said West line of East 3/4 of the SE 1/4 of the SE 1/4 to the point of beginning, according to the United States Government Survey thereof and situate in Hennepin County, Minnesota. W M O LLELU NO LO W W Wz ce � N x � ~ W 10 �W U �x N P 6 W r o � o a 00 8S ma. hl Zb TT.006 71. 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STAFF REPORT NO. 175 CITY COUNCIL MEETING 10/27/2015 REPORT PREPARED BY: Karen Barton, Community Development Assistant Director DEPARTMENT DIRECTOR REVIEW: John Stark, Community Development Director 10/19/2015 OTHER DEPARTMENT REVIEW: None CITY MANAGER REVIEW: Steven L. Devich 10/21/2015 ITEM FOR COUNCIL CONSIDERATION: Public hearing regarding the approval of the second reading of an ordinance amending Sections 405, 406, 407 and 408 of the Richfield City Code to remove/correct outdated terminology and references, as well as clarify language and intent, and update State Code references, also approval of the resolution for summary publication of said ordinance. EXECUTIVE SUMMARY: Community Development staff continually monitors and notes areas of the Richfield City Code that may require review and updating. This review may be the result of changes in State Codes/Laws or their interpretation, new technology, outdated terminology, or direct experience with a particular regulation. The attached ordinance primarily addresses minor technical issues and clarifies existing language related to portions of the City Code relating to the regulation and administration of housing inspections. Summary of proposed changes: • Replace references to "director of public safety" with "director of community development" or "director of community development, or the director's designee." • Include posting of notice of violation on the property for service of notice. • Clarification of minimum standards for basic equipment and installation. • Update of minimum standards for basic equipment and installation to reflect current State Codes. • Clarification of responsibilities of owners and residents. • Require a local property manager for all rental properties. • Clarification of occupancy relating to the certificate of housing maintenance compliance for single- and two-family homes. RECOMMENDED ACTION: Conduct and close the public hearing and by motion: 1. Approve the ordinance amending Subsection 405.04, Subdivision 2; Subsection 405.05, Subdivision 8; Subsection 405.07, Subdivision 2 (a) and (b) and Subdivision 3 (a); Subsection 405.11, Subdivision 6; Subsection 405.13, Subdivision 5; Subdivision 405.15, Subdivision 3; Subsection 405.17; Subsection 406.01, Subdivision 3; Subsection 407.09, Subdivisions 2, 3, 4, and 5; Subsection 407.13, Subdivisions 1(b) and 1(d); Subsection 408.01, Subdivision 2 (b) and Subdivision 6; and repealing Subsection 405.17 (b) (c) (d) (e) (f) and (g) of the Richfield City Code. Changes are related to addressing minor technical issues and clarifying existing language related to portions of the City Code relating to the regulation and administration of housing inspections; and 2. Approve the resolution authorizing summary publication of an ordinance amending the City's Housing Ordinance. Changes are related to addressing minor technical issues and clarifying existing language related to portions of the City Code relating to the regulation and administration of housing inspections. BASIS OF RECOMMENDATION: A. HISTORICAL CONTEXT This information is contained in the Executive Summary. B. POLICIES (resolutions, ordinances, regulations, statutes, etcy • Ongoing review and periodic updating of the Code is necessary to ensure that regulations are serving their intended purposes. • Clear and correct language is important to both staff and our customers. C. CRITICAL TIMING ISSUES: None D. FINANCIAL IMPACT: None E. LEGAL CONSIDERATION: • The City Attorney has reviewed the proposed amendments. • A first reading of the proposed ordinance was approved on October 13, 2015. • Notice of the public hearing was published in the Sun Current Newspaper in accordance with State and Local requirements. ALTERNATIVE RECOMMENDATION(Sl: • Approve the ordinance with minor amendments. • Reject the attached ordinance. PRINCIPAL PARTIES EXPECTED AT MEETING: N/A ATTACHMENTS: Description Type D Housing Code Amendments Ordinance D Resolution and Summary Publication Resolution Letter BILL NO. AMENDMENT TO RICHFIELD CITY CODE RELATED TO HOUSING MAINTENANCE AMENDING Subsection 405.04, Subdivisions 2; Subsection 405.05, Subdivision 8; Subsection 405.07, Subdivision 2 (a) and (b) and Subdivision 3 (a); Subsection 405.11, Subdivision 6; Subsection 405.13, Subdivision 5; Subdivision 405.15, Subdivision 3; Subsection 405.17; Subsection 406.01, Subdivision 3; Subsection 407.09, Subdivisions 2, 3, 4, and 5; Subsection 407.13, Subdivisions 1(b) and 1(d); Subsection 408.01, Subdivision 2 (b) and Subdivision 6; and repealing Subsection 405.17 (b) (c) (d) (e) (f) and (g). THE CITY OF RICHFIELD DOES ORDAIN: Section 1 Subsection 405.04, Subdivision 2 of the Richfield City Code is amended to read as follows: Subd. 2. Minnesota state statutes. Nothing in this section is intended to modify or abrogate the rights of tenants or landlords granted by Minnesota Statutes, chapter 4058. The director of community development may designate, subject to the city council approval, administrators to carry out the duties assigned by the court pursuant to said statute. Section 2 Subsection 405.05, Subdivision 8 of the Richfield City Codes is amended to read as follows: Subd. 8. "Enforcement officer" means the director of community development or the director's designee. Section 3 Subsection 405.07, Subdivision 2 (a) of the Richfield City Codes is amended to read as follows: Subd. 2. Violations. (a) Notice. If a violation of this section has occurred, or the enforcement officer has reasonable grounds to believe that a violation has occurred, notice will be given to the licensee, or if there is no license, to the owner, operator, or resident of the premises. Notice of the violation must be in writing and sent by United States mail to the last known address of such person, or may be posted on the orooerty where the violation exists. The mailed notice will give the licensee, owner, or operator a specified number of days, up to 30 days to correct the violation. The enforcement officer has the authority to extend the time period to correct a violation if, in the discretion of the enforcement officer, good cause has been shown. Section 4 Subsection 405.07, Subdivision 2 (b) of the Richfield City Codes is amended to read as follows: Subd. 2. Violations. (b) Appeal. A licensee of a rental property or an owner or resident of a non -rental property may appeal a determination that a violation of this section exists. The licensee, owner, or resident must submit a written request for an appeal to the director of community development within ten days after receiving a notice of violation under paragraph (a). A request for an appeal must be based on a claim that the true intent of this section or rule adopted hereunder have been incorrectly interpreted: that the provisions of this section do not apply, that the requirement under this section would cause undue hardship. A hearing will be held within 20 days after the director of community development receives the written request for an appeal. The director of community development or the director's designee will act as the hearing official and will consider all relevant evidence, documents, and verbal presentations submitted during the hearing by both the licensee, owner, or resident and the enforcement officer or other city staff. The director of community development or the director's designee will issue a written decision to the appealing party and the b uildiRg effi6a' within ten days of the hearing. Section 5 Subsection 405.07, Subdivision 3 (a) of the Richfield City Codes is amended to read as follows: Subd. 3. Prosecution and reinspection fee. (a) Prosecution for any violation of this section will not be commenced unless notice under subdivision 2 of this subsection has been mailed or posted on the property where the violation exists and the violation has not been remedied within the time specified to correct the violation or within the time granted under any extension of such period. Failure to receive notice is not a defense in any prosecution under this section. Section 6 Subsection 405.11, Subdivision 6 of the Richfield City Codes is amended to read as follows: Subd. 6. Heating. Every dwelling must have heating facilities which are properly installed, are maintained in safe and good working condition, and are capable of safely and adequately heating all habitable rooms, bathrooms and water closet compartments in every dwelling unit located therein to a temperature of at least 68 degrees Fahrenheit, at a distance three feet above floor level and three feet from an exterior wall. Section 7 Subsection 405.13, Subdivision 5 of the Richfield City Codes is amended to read as follows: Subd. 5. Plumbing fixtures. Plumbing fixtures and water and waste pipes must be properly installed and maintained in good, sanitary working condition, free from defects, leaks and obstructions., properly vented and in good repair. Section 8 Subsection 405.15, Subdivision 3 of the Richfield City Codes is amended to read as follows: Subd. 3. (d) Minimum Height. Habitable rooms, hallways, and bathrooms, and basements must have a ceiling height of not less than seven feet. Habitable basements must have a ceiling height of no less than 6 feet 4 inches. Beams may project not more than six inches below the required ceiling height. Not more than 50 percent of the required floor area is permitted to have a sloped ceiling less than seven feet in height with no portion of the required floor area less than five feet in height. The building official may approve a reduced ceiling height for existing buildings. Section 9 Subsection 405.17 of the Richfield City Codes is amended to read as follows: 405.17. Responsibilities of owners and resmdents Section 10 Subsection 406.01, Subdivision 3 of the Richfield City Codes is amended to read as follows: Subd. 3. Appeal of denial of permit. A person whose application for a permit to operate a rooming house has been denied may appeal the denial. A written notice of appeal must be filed with the director of n„h';^ safety community development within ten dayus fo the denial of the permit. If a notice is not filed with the director of publiG safe+„ community development within ten days of the denial, the council has the discretion to accept or reject the appeal. Appeals under this section will be heard by the city council. At a hearing under this section, the enforcement officer and the applicant may present evidence, including witness testimony, relevant to the permit denial. The council may affirm or reverse the permit denial or issue conditions which must be met before a permit will be issued. Section 11 Subsection 407.09, Subdivision 2 of the Richfield City Codes is amended to read as follows: Subd. 2. Local Property Manager Required. The licensee must have a local manager for the property. The local manager must reside within the seven -county metro area (Hennepin, Ramsey, Anoka, Dakota, Carver, Washington, or Scott). The licensee must provide current contact information for the local manager to the director and report any change in local manager within three business days. Section 12 Subsection 407.09, Subdivision 3 of the Richfield City Codes is amended to read as follows: Subd. 2L. 3. Display. Licenses issued under this subsection must be displayed on the premises of the apartment house or rental home, wherever feasible and produced upon demand of a prospective or current tenant or the director. Section 13 Subsection 407.09, Subdivision 4 of the Richfield City Codes is amended to read as follows: Subd. 3-. 4. Tenant register. The licensee must, as a continuing obligation of its license, maintain a current register of tenants and other persons who have a lawful right to occupancy of arca dwelling units within the apartment house or rental home. In its application, the licensee must designate a person or person who will have possession of the register; and must promptly notify the director of any change of the identity, address or telephone numbers of such person. The register must be available for inspection by the director at all times. Section 14 Subsection 407.09, Subdivision 5 of the Richfield City Codes is amended to read as follows: Subd. 4. 5. Fees The fees for licenses required by this subsection, as well as any penalties, are in the amounts established in appendix D of this code. Section 15 Subsection 407.13, Subdivision 1 (b) of the Richfield City Codes is amended to read as follows: Subd. 1 (b) Failure of licensee to renew rental license by February 15. Section 16 Subsection 407.13, Subdivision 1 (d) of the Richfield City Codes is amended to read as follows: Subd. 1 (d) Knowingly operating a rental property in violation of the provisions of the housing maintenance code or the zoning regulations of the city, eincluding, without limitation occupancy requirements. Section 17 Subsection 408.01, Subdivision 2 (b) of the Richfield City Codes is amended to read as follows: Subd. 2. (b) Upon receipt of a properly executed application, the director of p blip safety community development, or his/her designee, will cause an inspection to be made of the premises to ensure the structure is in compliance with applicable provisions of subs8ntOOHs 405.01 through 405.2 -3 -Section 405 of this code (the housing maintenance code). Section 18 Subsection 408.01, Subdivision 6 of the Richfield City Codes is amended to read as follows: Subd. 6. Occupancy. A person may be granted permission to occupy a dwelling prior to issuance of the certificate upon the approval of the director of public safety community development, or his/her designee. The approval may be based upon undue hardship or other extraordinary or exceptional circumstances, provided that no such occupancy constitutes an immediate hazard., as determined by the director or his/her designee. Approval will not be given until the prospective owner or designated agent has filed on forms supplied by the city, a statement of intent to comply with the housing maintenance code and submitted the required escrow. Compliance dates in the statement of intent to comply will be established by the director of p blir safe+., community development. or his/her desianee. Section 19 The Richfield City Code is amended by repealing Subsection 405.17, Subdivisions (b), (c), (d), (e), (f), and (g) are repealed. Section 20 This Ordinance is effective in accordance with Section 3.09 of the Richfield City Charter. Passed by the City Council of the City of Richfield, Minnesota this day of , 2015. Debbie Goettel, Mayor ATTEST: Elizabeth VanHoose, City Clerk RESOLUTION NO. RESOLUTION APPROVING SUMMARY PUBLICATION OF AN ORDINANCE AMENDING SUBSECTIONS 405.04, SUBDIVISIONS 2; SUBSECTION 405.05, SUBDIVISION 8; SUBSECTION 405.07, SUBDIVISION 2 (A) AND (B) AND SUBDIVISION 3 (A); SUBSECTION 405.11, SUBDIVISION 6; SUBSECTION 405.13, SUBDIVISION 5; SUBDIVISION 405.15, SUBDIVISION 3; SUBSECTION 405.17; SUBSECTION 406.01, SUBDIVISION 3; SUBSECTION 407.09, SUBDIVISIONS 2, 3, 4, AND 5; SUBSECTION 407.13, SUBDIVISIONS 1(B) AND 1(D); SUBSECTION 408.01, SUBDIVISION 2 (B) AND SUBDIVISION 6; AND REPEALING SUBSECTION 405.17 (B) (C) (D) (E) (F) AND (G). RELATED TO HOUSING MAINTENANCE WHEREAS, the City has adopted the above referenced amendment of the Richfield City Code; and WHEREAS, the verbatim text of the amendment is cumbersome, and the expense of publication of the complete text is not justified. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield that the following summary is hereby approved for official publication: JiI►yi/_1Xd911-11K-A0[a]► BILL NO. AN ORDINANCE AMENDING SUBSECTIONS 405.04, SUBDIVISIONS 2; SUBSECTION 405.05, SUBDIVISION 8; SUBSECTION 405.07, SUBDIVISION 2 (A) AND (B) AND SUBDIVISION 3 (A); SUBSECTION 405.11, SUBDIVISION 6; SUBSECTION 405.13, SUBDIVISION 5; SUBDIVISION 405.15, SUBDIVISION 3; SUBSECTION 405.17; SUBSECTION 406.01, SUBDIVISION 3; SUBSECTION 407.09, SUBDIVISIONS 2, 3, 4, AND 5; SUBSECTION 407.13, SUBDIVISIONS 1(B) AND 1(D); SUBSECTION 408.01, SUBDIVISION 2 (B) AND SUBDIVISION 6; AND REPEALING SUBSECTION 405.17 (B) (C) (D) (E) (F) AND (G). RELATED TO HOUSING MAINTENANCE This summary of the ordinance is published pursuant to Section 3.12 of the Richfield City Charter. This ordinance revises rules related the administration of Housing Maintenance. In general, these changes primarily address minor technical issues and clarify existing language related to portions of the City Code relating to the regulation and administration of housing inspections. Summary of proposed changes: • Replace references to "director of public safety" with "director of community development" or "director of community development, or the director's designee." • Include posting of notice of violation on the property for service of notice. • Clarification of minimum standards for basic equipment and installation. • Update of minimum standards for basic equipment and installation to reflect current State Codes. Clarification of Responsibilities of owners and residents. Require a local property manager for all rental properties. Clarification of occupancy relating to the certificate of housing maintenance compliance for single- and two-family homes. Copies of the ordinance are available for public inspection in the City Clerk's office during normal business hours or upon request by calling the Department of Community Development at (612) 861-9760. Adopted by the City Council of the City of Richfield, Minnesota this 27th day of October, 2015. Debbie Goettel, Mayor ATTEST: Elizabeth VanHoose, City Clerk AGENDA SECTION: RESOLUTIONS AGENDA ITEM # 10. STAFF REPORT NO. 176 CITY COUNCIL MEETING 10/27/2015 REPORT PREPARED BY: Karen Barton, Community Development Assistant Director DEPARTMENT DIRECTOR REVIEW: John Stark, Community Development Director 10/19/2015 OTHER DEPARTMENT REVIEW: N/A CITY MANAGER REVIEW: Steven L. Devich 10/21/2015 ITEM FOR COUNCIL CONSIDERATION: Consideration of a resolution approving a Preliminary Development Agreement and Right -of -Entry Agreement between the City of Richfield and Inland Partners, LLC for development of the Cedar Point South area. EXECUTIVE SUMMARY: At the September 22, 2015 joint worksession of the City Council, Housing and Redevelopment Authority (HRA), and Planning Commission, staff was directed to draft a Preliminary Development Agreement between the City/HRA and Anderson Companies (d/b/a Inland Partners, LLC) (Developer) for the proposed development of the Cedar Point South area (bounded by 66th Street to the north; 17th Avenue to the west, Cedar Avenue to the east, and 68th Street to the south). The Preliminary Development Agreement provides for the support and cooperation of the City/HRA relating to the Developer's efforts to develop a feasible proposal in exchange for the Developer undertaking the activities described in the Preliminary Agreement. The Right -of -Entry Agreement allows the Developer to enter the properties for the purpose of conducting land surveys, geotechnical testing, and other related studies. RECOMMENDED ACTION: By Motion: Approve the Resolution approving the Preliminary Development Agreement and Right -of - Entry Agreement between Inland Partners, LLC and the City of Richfield relating to the proposed development of the Cedar Point South development area and authorizing execution of both agreements by the Mayor and City Manager. A. HISTORICAL CONTEXT • In July of this year, the Developer approached the Housing and Redevelopment (HRA) staff expressing interest in developing the Cedar Point South property. • The Developer presented a preliminary concept plan for development of the property to the City Council, HRA, and Planning Commission on September 22, 2015. • The Richfield HRA unanimously approved the related resolutions/agreements at their October 19, 2015 meeting. • The Developer held a public neighborhood meeting on October 21, 2015 to garner feedback from residents in the area. Postcards were direct -mailed to residents and information about the meeting was posted on the City's Facebook page and Twitter. • The Preliminary Development Agreement requires the Developer to: • Complete a general development plan for Sketch Plan Review by HRA/City staff no later than January 15, 2016; • Provide the HRA with a financial feasibility analysis of the Project, including sources and uses and a Project pro -forma and a Market Study by February 15, 2016; • The Preliminary Development Agreement states that the City/HRA: • Agrees to cooperate with the Developer and utilize its best efforts to accomplish the objectives stated above, including possible tax increment financing; • Will not solicit proposals from any third party or respond to offers regarding the proposed sale or development of the City/HRA property, will not sell or encumber the City/HRA property, and will not enter into any agreement for development of the City/HRA property during the term of the Agreement. • The Preliminary Development Agreement requires both the HRA and Developer to: • Attempt in good faith to negotiate the terms of a Purchase Agreement for the conveyance of the HRA property to Developer by April 1, 2016; and • Attempt in good faith to negotiate the terms of a contract for private development on or before May 1, 2016. • The City -owned parcels will be transferred to the HRA in November of this year. • The HRA approved the Preliminary Development Agreement and Right -Of -Entry Agreement with Inland Partners at their meeting on October 19, 2015. • The Developer currently has 3, 11 -unit apartments buildings under contract that are located in the development area. B. POLICIES (resolutions, ordinances, regulations, statutes, etcy • 2008 Comprehensive Plan: • Maintain a housing supply that meets changing needs while sustaining the integrity of existing neighborhoods; • Maintaining a diversity of housing types and prices ranges. C. CRITICAL TIMING ISSUES: • The term of each of the agreements expires on July 31, 2016. • The Preliminary Development Agreement can be terminated by either party upon five (5) days written notice. • The City -owned parcels will be transferred to the HRA in November of this year. D. FINANCIAL IMPACT: The Preliminary Development Agreement provides for the reimbursement of all out-of- pocket administrative costs incurred by the HRA relating to the negotiation and preparation of the Agreement and other documents and agreements in connection with the activities and the prospective development project, as well as reimbursement of nominal staff time. The development is in an existing Tax Increment Financing (TIF) Redevelopment District. Any financial assistance to the development through TIF would require verification of necessity and approval by the City Council and HRA. E. LEGAL CONSIDERATION: • The HRA attorney drafted and approved the Preliminary Development Agreement. • Eventual redevelopment of the property will be in accordance with a Contract for Private Development or other agreements. ALTERNATIVE RECOMMENDATION(Sl: • Do not approve the Preliminary Development Agreement and/or Right -of -Entry Agreement. • Approve the Preliminary Development Agreement and/or Right -of -Entry Agreement with modifications, PRINCIPAL PARTIES EXPECTED AT MEETING: • Kent Carlson, Anderson Companies ATTACHMENTS: Description Type ❑ Resolution Resolution Letter ❑ Preliminary Development Agreement Contract/Agreement ❑ Right of Entry Agreement Contract/Agreement ❑ Project Area Map Backup Material ❑ Project Site Plan Backup Material THE CITY OF RICHFIELD, MINNESOTA RESOLUTION NO. RESOLUTION APPROVING AGREEMENTS WITH THE CITY OF RICHFIELD AND INLAND DEVELOPMENT PARTNERS, LLC WHEREAS, the City of Richfield, Minnesota (the "City") is the owner of certain property located within the City (the "Properties") and intends to convey such Properties to the Housing and Redevelopment Authority in and for the City of Richfield, Minnesota (the "Authority") by the end of November 2015; and WHEREAS, Inland Development Partners, LLC, a Minnesota limited liability company (the "Developer") has proposed purchasing the Properties from the City and the Authority for the purpose of developing an approximately 300 unit apartment building thereon (the "Project"); and WHEREAS, prior to moving forward with the Project, the Developer has requested that its consultants enter the Properties to conduct geotechnical testing, environmental assessments, and other related studies and to conduct land surveys of the Properties to determine the suitability of the Properties for the development of the Project; and WHEREAS, the City has been presented with a Preliminary Development Agreement (the "Preliminary Development Agreement") proposed to be entered into between the City, the Authority, and the Developer, which sets forth the Developer's intentions and the conditions under which the Developer will undertake the Project; and WHEREAS, the City has also been presented with a Right of Entry Agreement (the "Right of Entry Agreement") proposed to be entered into between the City, the Authority, and the Developer, pursuant to which the City and the Authority will allow the Developer and its employees, consultants, agents, and contractors to enter the Properties to conduct the proposed testing and studies; and WHEREAS, the City has reviewed the Preliminary Development Agreement and the Right of Entry Agreement and finds that the execution thereof by the City and performance of the City's obligations thereunder are in the best interest of the City and its residents; and NOW, THEREFORE, BE IT RESOLVED, by the City of Richfield, Minnesota as follows: 1. The Preliminary Development Agreement and the Right of Entry Agreement presented to the City and on file with the City Manager are hereby in all respects approved, subject to modifications that do not alter the substance of the transaction and that are approved by the Mayor and City Manager; provided that execution of such documents by such officials shall be conclusive evidence of approval. 2. The Mayor and City Manager are hereby authorized to execute the Preliminary Development Agreement and the Right of Entry Agreement on behalf of the City and to carry out on behalf of the City the City's obligations thereunder. 469508v1 JAE RC125-348 Adopted by the City of Richfield, Minnesota this 27"' day of October, 2015. Debbie Goettel, Mayor ATTEST: Steven Devich, City Manager 469508v1 JAE RC125-348 Fourth Draft October 13, 2015 PRELIMINARY DEVELOPMENT AGREEMENT THIS PRELIMINARY DEVELOPMENT AGREEMENT (the "Agreement") is made and entered into this day of , 2015, by and between the Housing and Redevelopment Authority in and for the City of Richfield, Minnesota, a Minnesota public body corporate and politic ("HRA"), the City of Richfield, Minnesota, a home rule city and Minnesota public body corporate and politic (the "City"), and Inland Development Partners, LLC a Minnesota limited liability company (the "Developer"). RECITALS: First: The Developer and the HRA have been engaged in informal discussions regarding the possible development of certain land that is identified by parcel identification number in the attached Exhibit A (the "City Owned Property"); Second: The Developer expects to acquire additional property by purchase from third party owners as identified by parcel identification number in the attached Exhibit B (the "Additional Property"); the City Owned Property and the Additional Property collectively referred to herein as the "Development Property"); Third: The HRA has established the Cedar Avenue Tax Increment Financing District that includes the Development Property; Fourth: The Developer is proposing redevelopment on the Development Property which will consist of an approximately 300 unit apartment building (hereinafter the "Project"); Fifth: Based on initial reviews of the proposal, it appears that the Project is potentially feasible; however, further review and detail are needed; Sixth: The parties wish to cooperate in further analyzing the potential and feasibility of the Project and are willing to proceed with such analysis as described in this Agreement; Seventh: The parties acknowledge that the Developer will expend substantial time and effort, and incur substantial expense in pursuing the Project; Eighth: The Developer is willing to undertake the activities described in this Agreement only with the reasonable assurance from the HRA that it will support and cooperate with the Developer in its efforts; Ninth: The HRA and the Developer have executed this Agreement to document their understanding with respect to the proposed Project. AGREEMENT NOW, THEREFORE, in consideration of the premises and mutual obligations of the 4685920 JAE RC125-348 parties contained herein, each of them does hereby represent, covenant and agree with the other as follows: 1. Statement of Intent. It is the intention of the parties that during the term of this agreement the following activities will take place: (a) Plan Review and Refinement. The Developer will complete and provide the general development plan, including parking layout and design, to the City and HRA for review and comment. This submission shall be made on or before January 15, 2016 as an Application for Sketch Plan Review. This Review involves a staff review of the general development plan by City staff. Following the Sketch Plan Review, the Developer will undertake any additional studies or refinements to the General Development Plan for the Project that are necessary to determine that the plan (i) complies with the City's land use requirements; and (ii) provide sufficient detail to permit the reviews described in paragraph (d) below. Upon completion of the staff -level Sketch Plan Review, either party may request that the General Development Plan be brought before a work session of the City Council and/or HRA. (b) Financial Feasibility. The Developer will provide to the HRA a financial feasibility analysis of the Project, including a detailed sources and uses of all funding and all expenditures expected for the construction of the Project and a Project pro forma on or before February 15, 2016. The financial feasibility analysis should specify what financing will be obtained for the Project and from what sources and the amount of equity to be contributed to the Project. (c) Market Study. The Developer will also provide the HRA with a market study for the Project on or before February 15, 2016. (d) HRA Analysis of Project. Following the receipt from the Developer of the information set forth in Section 1(a) and (b), the HRA's fiscal consultant will conduct a financial analysis of the Developer and the Project. The purpose of the HRA's analysis is to determine the Developer's ability to finance the proposed Project. The analysis will consider such factors as the Developer's capability to arrange for financing, the anticipated level of assistance available to the Project from the HRA or other sources, and the Developer's ability to provide equity to the Project. (e) Acquisition of City Owned Property by HRA. The City currently owns the City Owned Property, but it is proposed that the HRA will acquire all of the City Owned Property from the City by the end of November 2015. (f) Purchase Agreement. On or before April 1, 2016, the parties will attempt in good faith to negotiate the terms of a purchase agreement (the "Purchase Agreement"), which will provide the terms and conditions necessary for the 2 4685920 JAE RC125-348 HRA to convey the Development Property to the Developer. The conveyance of the Development Property to the Developer is solely within the discretion of the Board of the HRA. The Board of the HRA must hold a duly noticed public hearing before determining whether to convey the Development Property to the Developer. (g) Contract Negotiation. On or before May 1, 2016, the parties will attempt in good faith to negotiate the terms of a contract for private development (the "Contract") which will provide the nature and timing of the private improvements to be constructed, the form, the amount and conditions of any economic assistance to be provided by the HRA in aid of the Project. The Contract will contain such additional terms as either party believes are necessary for the transaction. (h) Right of Entry. The HRA, the City, and the Developer will enter into an agreement providing the Developer with the right to enter the City Owned Property so that the Developer may determine if the City Owned Property is suitable for the Developer's intended uses. 2. Agreement by the City. The City, as the current owner of the properties, consents to the intentions and agreements of the Developer and the HRA set forth herein. The City represents that it fully intends to convey all of the City Owned Property to the HRA, as described in paragraph 1(e) hereof. 3. Undertaking by Developer. During the term of this Agreement, the Developer will undertake all of the activities necessary, in the Developer's discretion, to accomplish the activities described in paragraph 1 required to be performed by the Developer. 4. HRA's Undertaking and Agreement. (a) The HRA agrees to cooperate with the Developer in the Developer's undertakings, agrees to utilize its best efforts, subject to the Developer's performance, to accomplish the activities described in paragraph 1 above, which includes an analysis of the financial feasibility of the Project and the nature, area, and financial implications of any tax increment district which might be established. (b) The HRA further agrees that during the term of this Agreement the HRA will not: (i) provide or enter into an agreement for development or the provision of financial assistance to any third party in connection with any proposed development of the City Owned Property, (ii) solicit proposals from any third party or respond to offers regarding any proposed sale or development of the Development Property, or (iii) sell or encumber the Development Property. It is the intention of this provision that, during the term of this Agreement, the 3 4685920 JAE RC125-348 Developer shall have the exclusive right to negotiate the acquisition of and to acquire the City Owned Property. 5. Term. This Agreement is effective from the date hereof through July 31, 2016, unless extended with approval of the HRA's Board of Commissioners, provided, in the event either party, after consultation with the other party, determines in good faith that the other party is not diligently pursuing the Project or its obligations hereunder; or the Developer determines, in good faith, that the Project is not feasible, such determining party may terminate this Agreement upon thirty days written notice to the other. The HRA may also terminate this Agreement for failure of the Developer to provide additional funds pursuant to Section 6 below. The parties each waive any claim or cause of action that they may have against the other party based upon the termination of this Agreement by such other party. The parties may, by mutual written agreement, extend this Agreement for such further periods as determined to be appropriate from time to time. 6. Administrative Costs of HRA. The Developer agrees and understands that it is responsible for and will pay to the HRA all out-of-pocket costs incurred by the HRA (including without limitation reasonable attorney and fiscal consultant fees) in the negotiation and preparation of this Agreement and other documents and agreements in connection with the activities and the Project contemplated hereunder (collectively, the "Administrative Costs"). Administrative Costs shall be evidenced by invoices, statements or other reasonable written evidence of the costs incurred by the HRA. Upon execution of this Agreement, the Developer will deliver $2,000 to the HRA for HRA staff costs already incurred. In addition, the Developer will also deliver a deposit to the HRA in the amount of $5,000 (the "Deposit") to pay future Administrative Costs. At any time the Deposit drops below $1,000, the Developer shall replenish the deposit to the full $5,000 within 30 days after receipt of written notice thereof from the HRA. The HRA shall provide invoices to the Developer for all payments deducted from the Deposit. At any time the Deposit is insufficient to pay invoices related to the Project, the HRA will ask for additional Deposits from the Developer. If the additional Deposit is not made within 30 days following the date of such request, the HRA may elect to either suspend its performance under this Agreement or terminate this Agreement. Such suspension or termination will be effective on the date it is given in writing, or on such later date specified in the notification. Any unexpended or unencumbered portion of the Deposit shall be returned to the Developer upon the expiration or termination of this Agreement. 7. Termination of Agreement. This Agreement may be terminated upon five (5) days written notice by a party to the other party if: 4 4685920 JAE RC125-348 (a) in the respective good faith judgment of any party, an impasse has been reached in the negotiation or implementation of any material term or the completion or execution of any material condition of this Agreement or the contract for private development; or (b) a party fails to perform any of its obligations under this Agreement. 8. Exclusive Development Rights. During the term of this Agreement, the HRA agrees that it will not negotiate or contract with any other party concerning the sale of the City Owned Property and the development of the Development Property. The Developer shall not assign or transfer its rights under this Agreement in full or in part without the prior written consent of the HRA. 9. Miscellaneous. (a) This Agreement constitutes the entire agreement between the parties relative to the proposed Project. Unless specifically described herein, no obligation shall be inferred or construed. (b) Redevelopment of the Development Property will be in accordance with a contract for private development or other agreements which the parties shall, in good faith, attempt to negotiate during the term of this Agreement. (c) The Developer understands that further and separate action, for which no obligation is created hereunder, will be required before the HRA or the Developer is obligated to take various actions with respect to the Project. Those actions may include, without limitation: 1) Conveyance of the City Owned Property by the City to the HRA; 2) Public Hearing before the Board of the HRA prior to conveyance of City Owned Property; 3) A modification of the existing tax increment project plan, if necessary, and/or the creation of a new housing tax increment district by the City Council and the Board of the HRA; 2) Zoning and subdivision approvals to the extent any are required; 5) Construction of public improvements to serve the Project; and 6) Negotiation of and approval of a contract for private development by the HRA Board. (d) The Developer further understands that many of the actions which the HRA or the City may be called upon to take require the reasonable discretion and in some 5 4685920 JAE RC125-348 instances the legislative judgment of the HRA or the City, such actions may be made only following established procedures; and HRA may not, by agreement, agree in advance to any specific decision in such matters. (e) Information obtained from the Developer in connection with this analysis will be subject to such confidentiality provisions as are required by the Developer and permitted by law. (f) Notice or demand or other communication between or among the Parties shall be sufficiently given if sent by certified or registered mail, postage prepaid, return receipt requested or delivered personally: Inland Development Partners, LLC 20505 Lakeview Avenue Deephaven, MN 55331 Attn: Kent M. Carlson Richfield Housing and Redevelopment Authority 6700 Portland Avenue South Richfield, MN 55422 Attn: Steve Devich, Executive Director City of Richfield 6700 Portland Avenue South Richfield, MN 55422 Attn: Steve Devich, City Manager (The remainder of this page is intentionally left blank.) 6 4685920 JAE RC125-348 IN WITNESS WHEREOF, the parties have executed this Agreement effective the date and year first above written. HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR THE CITY OF RICHFIELD, MINNESOTA INLAND DEVELOPMENT PARTNERS, LLC, a Minnesota limited liability company By: By: Mary Supple Its: Chair Its: By: Steven Devich Its: Executive Director CITY OF RICHFIELD, MINNESOTA itz Debbie Goettel Its: Mayor Steven Devich Its: City Manager 57066335 4.doc 7 4685920 JAE RC125-348 EXHIBIT A CITY OWNED PROPERTY A-1 468592v3 JAE RC125-348 Address Parcel Identification No. 6609 17th Avenue South 26-028-24-41-0078 6601 17th Avenue South 26-028-24-41-0079 6615 17th Avenue South 26-028-24-41-0077 6621 17th Avenue South 26-028-24-41-0076 6627 17th Avenue South 26-028-24-41-0075 6633 17th Avenue South 26-028-24-41-0074 6639 17th Avenue South 26-028-24-41-0073 6645 17th Avenue South 26-028-24-41-0072 6620 18th Avenue South 26-028-24-41-0067 6626 18th Avenue South 26-028-24-41-0068 6632 18th Avenue South 26-028-24-41-0069 6638 18th Avenue South 26-028-24-41-0070 6644 18th Avenue South 26-028-24-41-0071 6700 18th Avenue South 26-028-24-41-0080 6708 18th Avenue South 26-028-24-41-0081 6714 18th Avenue South 26-028-24-41-0082 6720 18th Avenue South 26-028-24-41-0083 6726 18th Avenue South 26-028-24-41-0084 6732 18th Avenue South 26-028-24-41-0085 6738 18th Avenue South 26-028-24-41-0086 6744 18th Avenue South 26-028-24-41-0087 6701 18th Avenue South 26-028-24-41-0107 6709 18th Avenue South 26-028-24-41-0106 6721 18th Avenue South 26-028-24-41-0104 6727 18th Avenue South 26-028-24-41-0103 6738 18th Avenue South 26-028-24-41-0086 6739 18th Avenue South 26-028-24-41-0101 6745 18th Avenue South 26-028-24-41-0100 A-1 468592v3 JAE RC125-348 EXHIBIT B ADDITIONAL PROPERTY B-1 468592v3 JAE RC125-348 Address Parcel Identification No. 6715 181Avenue South 26-028-24-41-0105 6720 Cedar Avenue South 26-028-24-41-0097 6730 Cedar Avenue South 26-028-24-41-0098 6744 Cedar Avenue South 26-028-24-41-0099 B-1 468592v3 JAE RC125-348 Final Draft October 12, 2015 RIGHT OF ENTRY AGREEMENT 101215 THIS RIGHT OF ENTRY AGREEMENT (the "Agreement") is made and entered into this 27th day of October, 2015, by and between the Housing and Redevelopment Authority in and for the City of Richfield, Minnesota, a Minnesota public body corporate and politic ("HRA"), the City of Richfield, Minnesota, a home rule city and Minnesota public body corporate and politic ("City"), and Inland Development Partners, LLC, a Minnesota limited liability company ("Developer"). The HRA and the City are referred to collectively herein as "Owners." RECITALS First: The City is the fee simple owner of the real estate located at the addresses identified by parcel identification number on the attached Exhibit A (the "Properties"). It is the intention of the City to convey all of the Properties to the HRA by the end of November 2015. Second: The HRA intends to acquire all of the Properties from the City by the end of November 2015. Third: The Developer is investigating the possibility of purchasing the Properties for the purpose of redevelopment. Fourth: The Developer wishes to have its consultants conduct geotechnical testing, environmental assessments and other related studies on the Properties in order to identify whether the Properties are suitable for the Developer's intended uses. Developer has requested that the Owners grant the Developer, its employees, agents and contractors, the right to enter the Properties to conduct said testing and studies. Fifth: The Developer also desires to secure the consent of the Owners to enter the Properties for the purpose of conducting land surveys of the Properties. Developer has requested that Owners grant their consent to the entry of these additional consultants onto the Properties to conduct their studies. Sixth: It is understood that in executing this agreement, the Owners will not be granting (a) any permanent interest in the Properties to the Developer, or (b) exclusive use or possession of the Properties to the Developer. AGREEMENT NOW, THEREFORE, in consideration of the premises and mutual obligations of the parties contained herein, each of them does hereby represent, covenant and agree with the other as follows: 468797v1 JAE RC125-348 1. Right of Entry. Effective upon the date hereof, the Owners hereby grant to the Developer, its agents, employees, contractors and invitees, and such other consultants as the Developer may elect (collectively, "Consultants") the right to enter upon the Properties, for the purpose of carrying out the activities described in the fourth and fifth recitals above (the "Permitted Activities") relative to the Developer's possible purchase of the Properties. 2. Consideration. In consideration for such right of entry, Developer agrees to: (a) Notify the Owners of the date and time that work by the Developer or its Consultants on the Properties will commence under this Agreement, which notice shall be at least three (3) business days prior to doing any work on the Properties in order to permit the Owners' employees or consultants retained by the Owners to be present during the time any work is being done by the Developer or its Consultants; (b) Secure all appropriate governmental approvals and permits for any work that will occur within public streets adjacent to the Properties; (c) Provide a copy of all test results and reports prepared by the Developer's employees or Consultants (except appraisal reports) evaluating the conditions present on the Properties to the Owners as soon as reasonably possible following final completion thereof. (d) Dispose of all solid waste generated during the course of the Developer's sampling activities and other work on the Properties in accordance with applicable federal, state and local laws, rules and regulations. (e) Do the work in the shortest period of time reasonably necessary to complete the Permitted Activities under this Agreement as the Developer, in its sole discretion, shall elect to undertake; (f) Use the Properties only for the purposes described herein and not park or store any equipment on the Properties, except during the limited periods of time when the work on the Properties which is contemplated by this Agreement is actually in progress; (g) Do no unnecessary damage to the Properties and restore the Properties to substantially the same condition as the condition in which they were found by the Developer at the time of the Developer's or its Consultants' entry upon the Properties pursuant to this Agreement; (h) The Developer agrees to indemnify, save harmless, and defend the Owners and their officers and employees, from and against any and all claims, actions, damages, liability and expense in connection with personal injury and/or damage to the Properties arising from or out of any occurrence in, upon or at the Properties caused by the act or omission of the Developer or its Consultants in conducting the Permitted Activities on the Properties, except (a) to the extent caused by the 2 468797v1 JAE RC125-348 negligence, gross negligence, willful misrepresentation or any willful or wanton misconduct by the Owners, their officers, employees, agents or contractors; (b) to the extent caused by a "Pre -Existing Condition" as defined in this paragraph 2(h); and (c) caused by the acts or omissions of anyone not within the Developer's control, including without limitation, the Owners and their officers, employees, agents or contractors. "Pre -Existing Condition" shall mean any condition caused by the existence of hazardous substances or materials in, on, or under the Properties, including without limitation hazardous substances released or discharged into the drainage systems, soils, groundwater, waters or atmosphere, which condition existed as of the date of this Agreement and became known or was otherwise disclosed or discovered by reason of the Developer's Consultants' entry onto the Properties; (i) The Developer shall not permit any mechanics', materialmens' or other liens to stand against the Properties or any part thereof for work or materials furnished to the Developer in connection with the right of entry granted pursuant to this Agreement and the Developer agrees to indemnify, defend and hold harmless the Owners from and against the same. (j) The Developer shall ensure that its Consultants or their contractors or invitees which enter the Properties pursuant to this Agreement shall carry insurance during the time any work is done on the Properties in accordance with the following minimum requirements: A. Workers' Compensation Insurance with limits as provided by statute, with all necessary statutory elections to provide coverage for and/or claims made by any person doing work on the Properties pursuant to this Agreement; B. Employer's liability insurance (often included as coverage (b) in the Workers' Compensation policy) with limits of at least $100,000; C. Comprehensive Auto (and truck) Liability Insurance with minimum combined single limits of $1 million per occurrence; D. Comprehensive General Liability Insurance (including coverage for contractual liability, products and completed operations liability, liability arising out of explosion, or underground related incidents) with minimum combined single limits of $1 million per occurrence. In addition, the Comprehensive General Liability policy shall include the Owners and the Developer as additional insureds with respect to work done on the Properties. (k) If the Developer or its Consultants remove a sample or portion of the Properties for investigation, monitoring or testing or obtains any data or issues any report, it must give the Owners a copy of any data or report. 3 468797v1 JAE RC125-348 3. Expiration. The right of entry provided under this Agreement will automatically expire on July 31, 2016 4. Governing Law. This Agreement shall be interpreted in accordance with the laws of the state of Minnesota. 5. Notices and Demands. All notices, demands or other communications under this Agreement shall be effective only if made in writing and shall be sufficiently given and deemed given when delivered personally, sent by overnight or same day courier, transmitted by facsimile, or mailed by certified mail, return receipt requested, postage prepaid, properly addressed as follows: Inland Development Partners, LLC 20505 Lakeview Avenue Deephaven, MN 55331 Attn: Kent M. Carlson With a copy to: Mary S. Ranum, Esq. Fredrikson & Byron, P.A. 200 South Sixth Street, Suite 4000 Minneapolis, MN 55402 Richfield Housing and Redevelopment Authority 6700 Portland Avenue South Richfield, MN 55422 Attn: Steve Devich, Executive Director City of Richfield 6700 Portland Avenue South Richfield, MN 55422 Attn: Steve Devich, City Manager Or to such other persons as the parties may from time to time designate in writing and forward to the other persons entitled to receive notice as provided in this section. 6. Amendment. This Agreement may be amended by the parties hereto only by written instrument executed with the same procedures and formality as were followed in the execution of this Agreement. (The remainder of this page is intentionally left blank.) 4 468797v1 JAE RC125-348 IN WITNESS WHEREOF, the parties have executed this Agreement effective the date and year first above written. HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR THE CITY OF RICHFIELD, MINNESOTA INLAND DEVELOPMENT PARTNERS, LLC, a Minnesota limited liability company By: By: Mary Supple Its: Chair Its: By: Steven Devich Its: Executive Director CITY OF RICHFIELD, MINNESOTA itz Debbie Goettel Its: Mayor Steven Devich Its: City Manager 57106300 2.docx S-1 468797v1 JAE RC125-348 EXHIBIT A PROPERTIES A-1 468797v1 JAE RC125-348 Address Parcel Identification No. 6609 17th Avenue South 26-028-24-41-0078 6601 17th Avenue South 26-028-24-41-0079 6615 17th Avenue South 26-028-24-41-0077 6621 17th Avenue South 26-028-24-41-0076 6627 17th Avenue South 26-028-24-41-0075 6633 17th Avenue South 26-028-24-41-0074 6639 17th Avenue South 26-028-24-41-0073 6645 17th Avenue South 26-028-24-41-0072 6620 18th Avenue South 26-028-24-41-0067 6626 18th Avenue South 26-028-24-41-0068 6632 18th Avenue South 26-028-24-41-0069 6638 18th Avenue South 26-028-24-41-0070 6644 18th Avenue South 26-028-24-41-0071 6700 18th Avenue South 26-028-24-41-0080 6708 18th Avenue South 26-028-24-41-0081 6714 18th Avenue South 26-028-24-41-0082 6720 18th Avenue South 26-028-24-41-0083 6726 18th Avenue South 26-028-24-41-0084 6732 18th Avenue South 26-028-24-41-0085 6738 18th Avenue South 26-028-24-41-0086 6744 18th Avenue South 26-028-24-41-0087 6701 18th Avenue South 26-028-24-41-0107 6709 18th Avenue South 26-028-24-41-0106 6721 18th Avenue South 26-028-24-41-0104 6727 18th Avenue South 26-028-24-41-0103 6739 18th Avenue South 26-028-24-41-0101 6745 18th Avenue South 26-028-24-41-0100 A-1 468797v1 JAE RC125-348 7M / � �; � � � \ \ z 7M / � �; � � / " N \ z A E 66TH ST �ai.. i V m 1 a.1 itin 1 E 68TH ST kNDERSQN KILMIrILLU ynMPO hl l FS HOUSING 0