062816CompleteAgendaREGULAR CITY COUNCIL MEETING
RICHFIELD MUNICIPAL CENTER, COUNCIL CHAMBERS
JUNE 28, 2016
7:00 PM
INTRODUCTORY PROCEEDINGS
Call to order
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.
Pledge of Allegiance
Approval of the minutes of the (1) Special City Council Worksession of June 14, 2016; and (2) Regular City Council
Meeting of June 14, 2016.
PRESENTATIONS
1. Presentation of 2015 Food Safety Awards (Council Memo No. 47)
2. Presentation of the Gene & Mary Jacobsen Citizen of the Year for 2016 Award to Andy Gray. (Council Memo No.
46)
3. Annual Meeting with the Human Rights Commission.
4. Report from staff who attended the 2016 Transforming Local Government- League of Minnesota
Cities Conference.
5. Hats Off to Hometown Hits
COUNCIL DISCUSSION
AGENDAAPPROVAL
6. Approval of the agenda.
7. Consent Calendar contains several separate items, which are acted upon by the City Council in one
motion. Once the Consent Calendar has been approved, the individual items and recommended
actions have also been approved. No further Council action on these items is necessary. However, any
Council Member may request that an item be removed from the Consent Calendar and placed on the
regular agenda for Council discussion and action. All items listed on the Consent Calendar are
recommended for approval.
A. Consideration of the approval of a request for a Temporary On Sale Intoxicating Liquor license for the
activities scheduled to take place July 3 - 4, 2016 for the Minneapolis -Richfield American Legion Post
#435, located at 6501 Portland Avenue South.
Staff Report No. 93
B. Consideration of the approval of an annual request for a Community Celebration Event license, with a fee
waiver and a Temporary On -Sale Intoxicating Liquor license, from the Fourth of July Committee for the
events scheduled to take place at Veterans Memorial Park, July 3 - 4, 2016.
Staff Report No. 94
C. Consideration of the approval of the Sponsorship Agreement between the City of Richfield and Best Buy
Purchasing, LLC for the financial sponsorship of the 2016 Urban Wildland Half Marathon in the amount of
$2,250.00.
Staff Report No. 95
D. Consideration of the approval of a resolution amending Appendix D of the Richfield City Code to provide for
a registration fee for Beekeeping in the City.
Staff Report No. 96
E. Consideration of the approval and acceptance of a five year agreement with the Minnesota Department of
Health (MDH) Lead Unit to perform the initial environmental lead risk assessment for diagnosed cases of
elevated blood lead levels in children under sixyears of age and pregnant women in the City of Richfield.
Staff Report No. 97
F. Consideration of the approval of a resolution supporting the submittal of a grant application to the
Metropolitan Council for the Richfield Parkway/Cedar Point South development project.
Staff Report No. 98
G. Consideration of approval of the implementation of Bicycle Master Plan identified bike routes in the 2015
mill and overlay area as recommended by the Transportation Commission.
Staff Report No. 99
H. Consideration of the approval of the renewal of the agreement with Hennepin Countyfor the purchase of
assessment services for the period commencing August 1, 2016 and ending July 31, 2020.
Staff Report No. 100
Consideration of the approval of a resolution updating procedures for deferment of special
assessments against owner -occupied homestead properties in hardship cases for qualifying homeowners.
Staff Report No. 101
8. Consideration of items, if any, removed from Consent Calendar
PROPOSED ORDINANCES
9. Consideration of the second reading of an ordinance allowing up to two licensed gambling organizations to
conduct gambling at On Sale Liquor or Club establishments.
Staff Report No. 102
10. Consideration of the second reading of an ordinance repealing Section 910 of Richfield City Code pertaining to
shade tree pest control and replacing it with a new Section 910 and a resolution authorizing summary publication.
Staff Report No. 103
RESOLUTIONS
11. Consideration of a resolution regarding land use approvals to allow construction of shoreline improvements and
quasi -public amenities along the east side of Richfield Lake.
Staff Report No. 104
CITY MANAGER'S REPORT
12. • Update on renaming Edina portion of 76th Street to International Boulevard
• City Manager's Report
CLAIMS AND PAYROLLS
13. 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.
14. Adjournment
Auxiliary aids for individuals with disabilities are available upon request. Requests must be made at least 96
hours in advance to the City Clerk at 612-861-9738.
CALL TO ORDER
CITY COUNCIL MINUTES
Richfield, Minnesota
Special City Council Worksession
June 14, 2016
The meeting was called to order by Mayor Goettel at 6:15 p.m. in the Bartholomew Room.
Council Members Debbie Goettel, Mayor; Michael Howard; Edwina Garcia; Pat Elliott; and
Present: Tom Fitzhenry.
Staff Present: Kristin Asher, Acting City Manager/Public Works Director; Jeff Pearson, City
Engineer; Jack Broz, Transportation Engineer; and Theresa Schyma, Deputy
City Clerk.
Item #1 DISCUSSION REGARDING NORTHWEST RICHFIELD BICYCLE ROUTES
(COUNCIL MEMO NO. 42)
Transportation Engineer Broz discussed Northwest Richfield Bicycle Routes including existing
and proposed routes, pavement markings and signs, trail construction, and the public input received
at the May 24 Open House.
Council Member Howard stated that there was discussion at the Transportation Commission
Meeting about crossing options at Girard Avenue.
Transportation Engineer Broz responded that it is a County road and Hennepin County does
have safety concerns with having a crossing that close to a traffic signal. However, staff will work with
the County to see if there are other options.
Transportation Engineer Broz discussed project funding. He stated Public Works staff will
perform the work for signs and pavement markings while contractors will perform the work for trail
construction.
Mayor Goettel stated she is supportive of this plan and wants the project to move forward.
Public Works Director Asher stated that the implementation of the Bicycle Master Plan will be
on the next City Council agenda.
Item #2 DISCUSSION REGARDING 70TH STREET BICYCLE ROUTES (COUNCIL MEMO
NO. 42)
Transportation Engineer Broz discussed 701h Street Bicycle Routes including corridor
connections, pavement markings and signs, 'No Parking' restrictions, projected timeline and project
financing. He stated that the Three Rivers Park District is leading this project to add over two miles of
planned bicycle route on 70th Street between Lyndale and Cedar Avenues.
Josh Bowe, Civil Engineer at Three Rivers Park District, stated that Three Rivers Park District
will host an open house for public input in July.
Transportation Engineer Broz stated that there is strong value with what this corridor will
contribute to the community, especially youth, with providing safer bicycle connections to parks,
schools, bus routes, the community center and library.
Special Worksession Minutes -2- June 14, 2016
Transportation Engineer Broz stated that due to the narrowness of 70th Street, certain areas
will need to have `No Parking' restrictions on both sides of the street. In one area, this proposed
parking restriction would impact four homes that currently only have driveway access on 70thStreet.
Transportation Engineer Broz stated that staff needs direction from the City Council to move
forward including reaching out to the four homeowners whose driveway access would be impacted.
Council Member Howard stated that the Transportation Commission had a positive response
to the proposed bicycle route.
The City Council consensus was to support the 70th Street Bicycle Route since providing safer
bicycle connections along school routes is worth pursuing and for staff to contact the owners of the
four homes whose driveway access would be impacted to get their input.
Council Member Garcia stated that she has received comments from senior citizens that they
are concerned about adding bike lanes to the street as it takes a while to get used to when driving.
Council Member Fitzhenry stated that with more bicycle access on 70th Street the City may
need to look into options for more bicycle parking and locking facilities along the route.
ADJOURNMENT
The worksession was adjourned by unanimous consent at 6:43 p.m.
Date Approved: June 28, 2016
Debbie Goettel
Mayor
Theresa Schyma Kristin Asher
Deputy City Clerk Acting City Manager/Public Works Director
CALL TO ORDER
CITY COUNCIL MEETING MINUTES
Richfield, Minnesota
Regular Meeting
June 14, 2016
The meeting was called to order by Mayor Goettel at 7:00 p.m. in the Council Chambers.
Council Members Debbie Goettel, Mayor; Michael Howard; Pat Elliott; Edwina Garcia; and
Present: Tom Fitzhenry.
Staff Present: Steven L. Devich, City Manager; Kristin Asher, Public Works Director;
Bill Fillmore, Liquor Operations Director; Jeff Pearson, City Engineer;
Betsy Osborn, Support Services Supervisor; Mary Tietjen, City Attorney;
and Theresa Schyma, Deputy City Clerk.
OPEN FORUM
None.
PLEDGE OF ALLEGIANCE
Mayor Goettel led the audience in the Pledge of Allegiance.
Item #1 COUNCIL DISCUSSION
• Schedule of upcoming City Council meetings (Council Memo No. 43)
• Hats Off to Hometown Hits
Mayor Goettel announced the following schedule of upcoming City Council meetings:
• Special City Council Meeting on Saturday, July 16 at 8:30 a.m. to conduct advisory
commission applicant interviews.
• Cancellation of the Regular City Council Meeting on Tuesday, August 9 due to the
Primary Election.
• Special City Council Meeting on Friday, August 12 at 6 p.m. to canvass the
Municipal Primary Election.
• Regular City Council Meeting of Tuesday, August 23 will remain on the schedule as
planned.
• Special City Council Meeting to discuss the 2017 budget will occur on a date that is
going to be selected by City staff
Council Member Fitzhenry reported on the success of the Memorial Day celebration at
Veterans Memorial Park.
Council Member Howard commented on the recent tragedy in Orlando.
Council Meeting Minutes -2- June 14, 2016
The City Council encouraged compassion at this difficult time and extended their
condolences to the victims and their families. Furthermore, the City Council encouraged residents
to always report any suspicious activity that they witness.
Council Member Garcia announced the Richfield Historical Society summer outdoor concert
series and encouraged residents to go online for more information.
Mayor Goettel encouraged residents to apply to become advisory commission members
before the application deadline of June 30.
Jeff Schwarz, Project Manager for the Met Council Sewer Lining Project, gave a brief
update on the sewer lining project occurring on 66th Street.
Item #2 APPROVAL OF THE MINUTES
M/Garcia, S/Elliott to approve the minutes of the Special Concurrent City Council, Housing
and Redevelopment Authority and Planning Commission Worksession of Mav 24, 2016.
2016.
Motion carried 5-0.
M/Elliott, S/Garcia to approve the minutes of the Regular City Council Meeting of Mav 24,
Motion carried 5-0.
Item #3 COUNCIL APPROVAL OF AGENDA
M/Fitzhenry, S/Howard to approve the agenda.
Motion carried 5-0.
Item #4 CONSENT CALENDAR
A. Consideration of the approval of the first reading of an ordinance allowing up to two
licensed gambling organizations to conduct gambling at On Sale Liquor or Club
establishments. S.R. No. 82
B. Consideration of the approval of the bid minutes and tabulation for the Community
Center Air Conditioning Replacement Project and authorize a construction contract
from Cool Air Mechanical in the amount of $316,800. S.R. No. 83
C. Consideration of the approval of a resolution approving a two-year Interim Use
Permit for occasional employee parking on a vacant lot adjacent to Lakewinds Co-
op. S.R. No. 84
RESOLUTION NO. 11210
RESOLUTION APPROVING AN INTERIM USE PERMIT TO ALLOW OCCASSIONAL
EMPLOYEE PARKING BY LAKEWINDS FOOD COOPERATIVE EMPLOYEES
AT 6430 LYNDALE AVENUE SOUTH
This resolution appears as Resolution No. 11210.
Council Meeting Minutes -3- June 14, 2016
D. Consideration of the approval of a resolution authorizing the 77th Street Underpass
Project application submission for Federal Surface Transportation Program funds
under the Regional Solicitation process. S.R. No. 85
RESOLUTION NO. 11211
RESOLUTION AUTHORIZING SUBMISSION OF THE 77TH STREET UNDERPASS PROJECT
FUNDING APPLICATION FOR FEDERAL SURFACE TRANSPORTATION PROGRAM FUNDS
This resolution appears as Resolution No. 11211.
E. Consideration of the approval of a resolution authorizing the Lyndale Avenue Project
application submission for Federal Surface Transportation Program funds under the
Regional Solicitation process. S.R. No. 86
RESOLUTION NO. 11212
RESOLUTION AUTHORIZING SUBMISSION OF THE LYNDALE AVENUE PROJECT FUNDING
APPLICATION FOR FEDERAL SURFACE TRANSPORTATION PROGRAM FUNDS
This resolution appears as Resolution No. 11212.
F. Consideration of the approval of a resolution for reimbursement of certain
expenditures from the proceeds of reconstruction bonds to be issued by the City for
the following projects:
• 66th Street Reconstruction (2017-2019)
• 6 -Year Mill and Overlay (2018) S.R. No. 87
RESOLUTION NO. 11213
RESOLUTION DECLARING THE OFFICIAL INTENT OF THE CITY OF RICHFIELD TO
REIMBURSE CERTAIN EXPENDITURES FROM THE PROCEEDS OF BONDS TO BE ISSUED
BY THE CITY WITH RESPECT TO THE 66th STREET RECONSTRUCTION PROJECT AND 6
YEAR MILL AND OVERLAY PROJECT
This resolution appears as Resolution No. 11213.
G. Consideration of the approval of rejecting all bids submitted for the 2016 Sealcoat
Project. S.R. No. 88
H. Consideration of the approval of an Amendment of Commercial Lease with the
Minnesota Department of Transportation and Amendment of License Agreement with
Transmission Shop, Inc. for the parking lot at Cedar Avenue and Diagonal
Boulevard. S.R. No. 89
M/Goettel, S/Howard to approve the Consent Calendar.
Motion carried 5-0.
Item #5 CONSIDERATION OF ITEMS, IF ANY, REMOVED FROM THE CONSENT
CALENDAR
None.
Council Meeting Minutes -4- June 14, 2016
Item #6 CONSIDERATION OF THE FIRST READING OF AN ORDINANCE REPEALING
SECTION 910 OF RICHFIELD CITY CODE PERTAINING TO SHADE TREE
PEST CONTROL AND REPLACING IT WITH A NEW SECTION 910 AND
SCHEDULE A SECOND READING FOR JUNE 28, 2016. S.R. NO. 90
Council Member Howard presented Staff Report No. 90.
Public Works Director Asher announced an open house regarding Emerald Ash Borer on
June 21 at 6:30 p.m. at City Hall before the Community Services Commission meeting.
City Manager Devich commented that putting these changes into the City Code is important
for residents because this allows the homeowner to go through the assessment process to have an
ash tree removed. This will help the homeowner spread out the cost of tree removal for up to 5
years instead of one large bill.
M/Howard, S/Garcia to approve the first reading of an ordinance repealing Section 910 of
the Richfield City Code pertaining to shade tree pest control and replacing it with a new Section
910 and schedulina a second readina for June 28. 2016.
Motion carried 5-0.
Item #7 CONSIDERATION OF A COOPERATIVE AGREEMENT WITH HENNEPIN
COUNTY FOR THE COUNTY STATE AID HIGHWAY (CSAH) NO. 53 (66TH
STREET) RECONSTRUCTION PROJECT. S.R. NO. 91
Mayor Goettel presented Staff Report No. 91.
M/Goettel, S/Garcia to approve a Cooperative Agreement with Hennepin County for the
County State Aid Highway (CSAH) No. 53 (66th Street) Reconstruction Prosect.
Motion carried 5-0.
Item #8 CONSIDERATION OF THE BID MINUTES AND TABULATION FOR THE
CEDAR AVENUE LIQUOR STORE REMODEL AND UPGRADE AND
AUTHORIZE A CONSTRUCTION CONTRACT FROM EBERT CONSTRUCTION
INC., CORCORAN, MN IN THE AMOUNT OF $782,200.00 AND BID
ALTERNATE #1 FOR $20,718.00. S.R. NO. 92
Council Member Fitzhenry presented Staff Report No. 92.
Council Member Fitzhenry requested clarification on the reasoning for the 30 -day hold on
bid alternate #1.
Liquor Operations Director Fillmore explained the reason for the 30 -day hold on bid
alternate #1 is for the heating and air conditioning unit. City staff and the project architect believe
the price was a bit too high and want time to investigate the matter further.
Mayor Goettel asked about the projected timeline of the remodel.
Liquor Operations Director Fillmore responded that the upgrade is scheduled to occur in
September with the store re -opening the first week of November.
Council Meeting Minutes -5- June 14, 2016
Council Member Fitzhenry asked if further City Council action will be required due to the 30 -
day hold on bid alternate #1.
City Manager Devich responded that the dollar amount of bid alternate #1 is well within the
City Manager's authority to approve.
Mike Klass, Project Manager at Wold Architects & Engineers, added that if it is decided to
incorporate bid alternate #1 then it would just be considered a project change order.
M/Fitzhenry, S/Goettel to approve the bid minutes and tabulation for the Cedar Avenue
Liquor Store remodel and upgrade and authorize a construction contract from Ebert Construction
Inc., Corcoran, MN in the amount of $782,200.00 and a 30 -day hold on bid alternate #1 for
$20,718.00 to allow sufficient time to assess whether the alternate bid is a good value.
Motion carried 5-0.
Item #9 CITY MANAGER'S REPORT
City Manager Devich stated that at a future Council meeting he will present a draft letter to
the Edina City Council requesting that Edina consider renaming their portion of 76th Street to
International Boulevard to match the renaming of Richfield's portion of 76th Street. At this same
time, a map will be presented for Council consideration of how far the City wants to ask Edina to
extend the renaming of their portion of 76th Street, potentially from the Richfield border to Highway
100 in Edina.
Item #10 CLAIMS AND PAYROLLS
M/Garcia, S/Goettel that the below claims be approved.
Motion carried 5-0.
M/Elliott, S/Goettel that the below payrolls be approved.
Motion carried 5-0.
U.S. Bank 06/14/16
A/P Checks: 250350-250782 3,614,130.88
Payroll: 119349-119685 $ 594,288.03
TOTAL $ 4,208,418.91
OPEN FORUM
None.
Item #11 ADJOURNMENT
The City Council Meeting was adjourned by unanimous consent at 7:39 p.m.
Council Meeting Minutes
Date Approved: June 28, 2016
Theresa Schyma
Deputy City Clerk
-6- June 14, 2016
Debbie Goettel
Mayor
Steven L. Devich
City Manager
CITY OF RICHFIELD, MINNESOTA
Office of City Manager
June 23, 2016
Council Memorandum No. 47
The Honorable Mayor
and
Members of the City Council
Subject: 2015 Food Safety Awards
(Agenda Item No. 1 )
Council Members:
Attached is a summary of the steps and process used in determining the 2015 Richfield
Food Safety Award nominees and winners.
The Richfield Advisory Board of Health is involved in this effort on an annual basis and
believes it is important to place a priority on recognizing Richfield restaurants that are
doing an excellent job of maintaining a food safety establishment. It is also important
for these successful establishments to be recognized, and encourages other
establishments to strive for the same outcome.
The awards will be presented to the winners at the City Council meeting on June 28,
2016 by Erin Rykken, Chair of the Richfield Advisory Board of Health.
Res c Ily subm' d,
St�v e h ..
City /Manager
SLD:jf
Email: Assistant City Manager
Department Directors
Richfield Food Safetv Awards - 2015
• Annual awards to acknowledge excellence in food safety and service — Focus on the
good work that restaurants do rather than the bad.
• In 2006, Richfield Advisory Board of Health recommended starting a program in
Richfield, similar to the existing award program in Bloomington.
• The health inspector nominates 3 to 4 candidates in two risk categories based on:
• Food Collaborative Interviews
• Inspection results
• Those categories are: full service (or large) restaurant and fast food/pizza carry
out/cafeteria service.
• A team of interviewers visit each site to conduct the interviews. The team consists
of members of the Richfield/Bloomington Food Collaborative who meet regularly with
inspection staff and one another to discuss common interest areas.
• Nominees were judged on the following: how they manage risk factors on a daily
basis, how the establishment encourages workers to be continually motivated about
serving safe food, whether they can list five critical factors that affect food safety,
have procedures in place when they receive customer complaints about customers
feeling ill after having eaten there, what is the establishment's policy when an
employee shows up for work with obvious symptoms of illness, a description of food
safety training programs and policies, management's overall commitment to food
safety and rating of the physical appearance of the establishment at the time of the
interview.
• The results are provided to the Richfield Advisory Board of Health who presents the
awards to the winners at a City Council meeting. Nominees will receive certificates
via the mail. Photos of the presentation and a short article will be given to the
Richfield Sun Current for publicity and positive exposure for the establishments.
2015 Winners are:
Full Service Restaurants:
Aida Mediterranean Cuisine (Winner) —2208 W. 66th St. — Owner: Amy
Mohamed
Don Pablo's (Nominee) —980 W. 78th St. — General Manager— Ehrik Holland
Fast Food/Pizza Carry Out/Cafeteria:
Potbelly Sandwich Shop (Winner) — 7644 Lyndale Avenue South, - General
Manager: Anna Paine
Einstein Brothers Bagels (Nominee) —704 W. 78th St. Street — General Manager:
Rob Sleeth
CITY OF RICHFIELD, MINNESOTA
Office of City Manager
June 23, 2016
Council Memorandum No. 46
The Honorable Mayor
and
Members of the City Council
Subject: 2016 Gene & Mary Jacobsen Citizen of the Year award
(Agenda Item No. 2 )
Council Members:
The Richfield Human Rights Commission has selected a Citizen of the Year award
recipient since 1971. The award is given to a family, group, organization, business or
individual who lives or works in Richfield and whose actions demonstrate an awareness
and commitment to the attitudes and practices that foster human understanding,
tolerance and the spirit of human relations.
The Human Rights Commission has voted to present the 2016 Gene and Mary
Jacobsen Outstanding Citizen award to Andy Gray. Andy is a Richfield Resident who
resides in the 6600 block of 11th Avenue South. Andy is the lead pastor at the Urban
Refuge Church on 55th St. & Chicago Ave. For nearly 20 years, he has worked on the
"Harmony Matters" campaign. He has successfully diversified the congregation at the
Urban Refuge Church and forges partnerships with other race congregations across
Minneapolis. He has led and participated in many events and activities throughout the
community promoting race equality, human rights, social justice and making our
community a better place for all. This year, he has also inaugurated the Harmony
Matters Catalyst Fund at his church which aims to fund the salary of a new African
American pastor on staff. Together, they work to promote diversity, equity and
harmony; both within the church and in the greater community. Many of his efforts are
focused on young people, which will assure a stronger community for future generations
and a legacy of race harmony and human rights.
SLD:kaa
Email: Department Directors
Assistant City Manager
AGENDA SEC -10N: CONSENT CALENDAR
AGENDA ITEM # 7.A.
STAFF REPORT NO. 93
CITY COUNCIL MEETING
6/28/2016
REPORT PREPARED BY: Betsy Osborn, Support Services Manager
DEPARTMENT DIRECTOR REVIEW: Jay Henthorne, Public Safety Director
6/15/2016
OTHER DEPARTMENT REVIEW: N/A
CITY MANAGER REVIEW: STEVEN L. DEVICH
6/22/2016
ITEM FOR COUNCIL CONSIDERATION:
Consideration of the approval of a request for a Temporary On Sale Intoxicating Liquor license for the
activities scheduled to take place July 3 - 4, 2016 for the Minneapolis -Richfield American Legion Post
#435, located at 6501 Portland Avenue South.
EXECUTIVE SUMMARY:
On May 13, 2016 the City received application materials for a Temporary On Sale Intoxicating Liquor license
for the Minneapolis -Richfield American Legion Post #435.
This annual request is in conjunction with the Richfield Fourth of July Community Celebration. The American
Legion plans to have an open house with a live band in their parking lot and would like to serve food and
refreshments, including alcohol. This year the American Legion is requesting the license for an additional
day July 3, 2016. Their request is to serve alcohol on July 3, 2016 from 10:00 a.m. to 10:00 p.m. and from
8:00 a.m to midnight on July 4, 2016.
The Director of Public Safety has reviewed and approved the license application and sees no reason it should
be denied.
The applicant has agreed to adhere to the traffic and parking conditions set by the Public Safety Department.
Attached is the summary explaining the conditions.
All required information has been provided. All licensing fees have been received.
RECOMMENDED ACTION:
By Motion: Approve the issuance of a Temporary On Sale Intoxicating Liquor license for the
Minneapolis -Richfield American Legion Post #435, located at 6501 Portland Avenue South for the
activities scheduled to take place July 3 - 4, 2016.
BASIS OF RECOMMENDATION:
A. HISTORICAL CONTEXT
The applicant has satisfied the following requirements for the issuance of this license:
• The required licensing fee has been paid.
• Proof of liquor liability insurance has been submitted showing Integrity Mutual Insurance Company
affording the coverage.
• The applicant has contacted the sanitarians from the City of Bloomington to ensure proper food
handling practices are followed.
• Private security has been hired by the American Legion to patrol the area for this event.
B. POLICIES (resolutions, ordinances, regulations, statutes, etcy
Richfield City Code Section 1202.05 requires all applicants to comply with all of the provisions of this
code, as well as the provisions of Minnesota Statue Chapter 340A.
C. CRITICAL TIMING ISSUES:
The sale of into)acating liquor must cease no later than 10:00 p.m on July 3, 2016 and no later than
midnight on July 4, 2016.
D. FINANCIAL IMPACT:
The required licensing fees have been received.
E. LEGAL CONSIDERATION:
There are no legal considerations.
ALTERNATIVE RECOMMENDATION(Sl:
The Council could decide to deny the requested license, which would mean the applicant would not be able to
serve alcohol outside to the public during the Fourth of July activities.
PRINCIPAL PARTIES EXPECTED AT MEETING:
Jeff Husaby - Legion Manager
ATTACHMENTS:
Description
Type
Summary of Traffic and Parking Conditions for Mpls Backup Material
Richfield American Legion 4th of July Event
SUMMARY OF TRAFFIC AND PARKING CONDITIONS FOR
MINNEAPOLIS RICHFIELD AMERICAN LEGION POST 435
4T" OF JULY EVENT
Richfield Public Safety staff has spoken with management from the American Legion to
address some specific Public Safety issues and concerns. As a condition of the
approval of their license it was decided Portland Avenue will be closed from 8:00 p.m. to
12:00 a.m. In addition, 66th Street will also shut down between the hours of 11:00 a.m.
to 11:30 p.m. No through traffic will be allowed on 66th Street and Portland Avenue and
all traffic will be routed away from the event. American Legion patrons will be allowed to
enter the Legion parking lot until approximately 8:00 p.m. when Portland Avenue closes.
Patrons will not be allowed to leave the Legion parking lot after 8:00 p.m. All patrons
parked in the lot at 8:00 p.m. will be required to remain in the lot until 11:15 p.m. when
all pedestrian traffic is clear on Portland Avenue. ONLY cabs and limos that are
contracted with the Legion to provide sober cab services will be allowed to access the
site from Portland Avenue after 8:00 p.m. These vehicles will have placards provided to
them by the American Legion to identify their right to enter. At 11:15 p.m. when patrons
are allowed to exit the American Legion lot, they will be able to go either direction on
Portland Avenue and 66th Street. Also, vehicles that are parked at the ice arena will be
instructed they need to remain in place until 11:15 p.m. All residents living on 66th
Street and Portland Avenue will be allowed entrance onto these streets.
AGENDA SEC -10N: CONSENT CALENDAR
AGENDA ITEM # 7.13.
STAFF REPORT NO. 94
CITY COUNCIL MEETING
6/28/2016
REPORT PREPARED BY: Betsy Osborn, Support Services Manager
DEPARTMENT DIRECTOR REVIEW: Jay Henthorne, Public Safety Director
6/15/2016
OTHER DEPARTMENT REVIEW: N/A
CITY MANAGER REVIEW: STEVEN L. DEVICH
6/22/2016
ITEM FOR COUNCIL CONSIDERATION:
Consideration of the approval of an annual request for a Community Celebration Event license, with
a fee waiver and a Temporary On -Sale Intoxicating Liquor license, from the Fourth of July
Committee for the events scheduled to take place at Veterans Memorial Park, July 3 - 4, 2016.
EXECUTIVE SUMMARY:
On June 2, 2016, the City received applications for the Community Celebration Event, with a request of a fee
waiver and Temporary On -Sale Into)acating Liquor license, from the Fourth of July Committee for the events
scheduled to take place at Veterans Memorial Park, July 3 - 4, 2016. The fee for the Temporary On -Sale
Into)acating Liquor license has been received, along with all required documentation, including liquor liability
insurance.
The Director of Public Safety has reviewed and approved the license application and sees no reason for it to
be denied.
The street dance is on July 3, 2016, and begins at 6:00 p.m. and ends at 12:00 a.m. Alcohol will be served
from 6:00 p.m. to 11:30 p.m. On July 4, 2016, alcohol will be served from 7:00 p.m. to 10:00 p.m. On both
days, alcohol will be served in an enclosed fenced in area with monitored entrance points. On both nights
they will be selling strong beer and ovine coolers only.
Public Safety police officers have been hired by the Fourth of July Committee to patrol the area for these
events.
Food vendors will be available both days and the appropriate procedures will be followed.
RECOMMENDED ACTION:
By Motion: Approve the request for an annual Community Celebration Event license, with a fee waiver
and a Temporary On -Sale Intoxicating Liquor license from the Fourth of July Committee for the events
scheduled to take place at Veterans Memorial Park, July 3 - 4, 2016.
BASIS OF RECOMMENDATION:
A. HISTORICAL CONTEXT
Each year the Fourth of July Committee completes an application for a Community Celebration Event
license and requests the licensing fee of $5,000 be waived for the activities taking place throughout the
City.
The applicant has satisfied the following requirements for issuance of these licenses:
• The required licensing fee has been paid for the Temporary On -Sale Into)acating Liquor license.
• All fees and applications have been received for the food concessions.
• Proof of liquor liability insurance has been submitted showing West Bend Mutual Insurance
Company affording the coverage.
• A detailed plan of the days' events is currently on file.
• The applicant, as well as each professional concession, has contacted food sanitarians from the
City of Bloomington to ensure proper food handling practices are followed.
B. POLICIES (resolutions, ordinances, regulations, statutes, etcy
Richfield City Code Section 1202.05 requires all applicants to comply with all of the provisions of this
code, as well as the provisions of Minnesota Statute Chapter 340A.
C. CRITICAL TIMING ISSUES:
The Temporary On -Sale Into)acating Liquor license, allowing for the sale of strong beer and wine coolers
only, is valid for the street dance on July 3, 2016, from 6:00 p.m. to 11:30 p.m. and in the beer garden
on July 4, 2016, from 7:00 p.m. to 10:00 p.m.
D. FINANCIAL IMPACT:
The required license fees have been received.
E. LEGAL CONSIDERATION:
There are no legal considerations.
ALTERNATIVE RECOMMENDATION(Sl:
The Council could decide to deny the approval of the Community Celebration Event and Temporary On -Sale
Into)acating Liquor licenses. This would result in the applicant not being able to conduct activities, especially
those concerning food preparation and alcohol sales.
PRINCIPAL PARTIES EXPECTED AT MEETING:
Katherine Robison of the Fourth of July Committee has been notified of the date for Council consideration of
this request.
AGENDA SEC -10N: CONSENT CALENDAR
AGENDA ITEM # 7.C.
STAFF REPORT NO. 95
CITY COUNCIL MEETING
6/28/2016
REPORT PREPARED BY: Jim Topitzhofer, Recreation Services Director
DEPARTMENT DIRECTOR REVIEW: Jim Topitzhofer, Recreation Services Director
6/21/2016
OTHER DEPARTMENT REVIEW: N/A
CITY MANAGER REVIEW: STEVEN L. DEVICH
6/22/2016
ITEM FOR COUNCIL CONSIDERATION:
Consideration of the approval of the Sponsorship Agreement between the City of Richfield and Best
Buy Purchasing, LLC for the financial sponsorship of the 2016 Urban Wildland Half Marathon in the
amount of $2,250.00.
EXECUTIVE SUMMARY:
Best Buy has graciously donated $2,250 to be a significant sponsor of the 2016 Urban Wildland Half
Marathon. Best Buy is also supplying volunteers to operate two water stations. In return, Best Buy and their
logo will be prominently displayed on the following items:
• Starting Line Banner
• Runner Race Shirts
• Both water station locations
• Display at packet pick-up day
• City/Event website
RECOMMENDED ACTION:
By Motion: Authorize staff to execute the sponsorship agreement between the City of Richfield and
Best Buy Purchasing, LLC for the financial sponsorship of the 2016 Urban Wildland Half Marathon in
the amount of $2,250.00.
BASIS OF RECOMMENDATION:
A. HISTORICAL CONTEXT
Event: The Urban Wildland Half Marathon & 5K was founded in 2003 to continue the partnership
between Wood Lake Nature Center and the Richfield Public Schools to provide environmental education
curriculum to the student. The race itself has become an opportunity to demonstrate environmentally -
friendly practices. All materials are either recyclable, reusable, or compostable, most of the food served
at the event is organic, and every aspect of the race has been considered in an effort to leave a gentle
footprint on the environment.
Date: August 6, 2016
Benefits: All proceeds from the Event sponsorship go to support the Wood Lake Nature Center located
in Richfield, MN.
B. POLICIES (resolutions, ordinances, regulations, statutes, etch
By policy, the City Council reviews, considers and executes all City contracts, including sponsorship
agreements.
C. CRITICAL TIMING ISSUES:
There are no critical timing issues other than the event date is approaching on August 6, 2016.
D. FINANCIAL IMPACT:
Best Buy's sponsorship will provide $2,250 to Wood Lake Nature Center's 2016 operating budget.
E. LEGAL CONSIDERATION:
City Attorney Mary Tietjen has reviewed the attached sponsorship agreement.
ALTERNATIVE RECOMMENDATION(B)LI
Council has the option of denying the sponsorship with Best Buy, however this would reduce operating
revenues by $2,250.
PRINCIPAL PARTIES EXPECTED AT MEETING:
There are no principal parties expected at the meeting.
ATTACHMENTS:
Description Type
D Best Buy Sponsorship Agreement Contract/Agreement
SPONSORSHIP AGREEMENT
This Sponsorship Agreement (the "Agreement"), effective as of June 28, 2016 (the "Effective
Date"), is made by and between Best Buy Purchasing, LLC with corporate offices at 7601 Penn
Avenue South, Richfield, MN 55423 (the "Sponsor") and the City of Richfield, with
administrative offices at 6710 Lakeshore Drive, Richfield, MN 55423 (the "Promoter"). The
Sponsor and Promoter are each a "Party" to the Agreement. Collectively, the Sponsor and
Promoter shall be referred to as the "Parties."
WHEREAS, the Parties each desire that Sponsorship activities shall be conducted (the
"Sponsorship") as more particularly described in Exhibit A hereto, incorporated by reference
subject to the terms of this Agreement; and
WHEREAS, the Parties desire to confirm their agreement respecting the Sponsorship in writing;
NOW, THEREFORE, the parties agree as follows:
1. Obligations.
(a) The Parties agree to perform their respective obligations as described in this
Agreement, and as set forth particularly in Exhibit A. Except as otherwise provided herein, each
Party will assume all costs associated with the performance of its responsibilities. Any and all
elements of the Sponsorship not expressly detailed in the Sponsorship Agreement shall be as
mutually agreed herein or as agreed in writing hereafter.
(b) Each Party warrants and represents that (i) it has full right and legal authority to
enter into and perform this Agreement in accordance with its terms; (ii) the person signing this
Agreement on its behalf is authorized to sign; (iii) it will comply with all federal, state and local
laws and regulations applicable to its respective responsibilities and performance of this
Agreement.
(c) Each Party agrees to promptly notify the other Party's designated representatives
of any significant questions, concerns or complaints arising in connection with the Sponsorship,
and they agree to work diligently to fully resolve same. The parties agree to reasonably
cooperate with one another to facilitate the successful performance of their respective
obligations, including all elements of the Sponsorship.
2. License Grant. Subject to Section 3, each Party hereby grants to the other Party
a limited, non-exclusive, royalty -free license to use the trademarks, service marks, identifiers and
copyrighted material (the "Licensed Material") designated by and belonging to the other Party
solely in connection with this Sponsorship. Except as expressly provided herein, no property,
license, permission or interest of any kind in or to the use of any trademark, service mark or
copyright involving the Licensed Material is or is intended to be given or transferred to or
acquired by the other party by the execution, performance or nonperformance of this Agreement
or any part thereof. Upon the termination of this Agreement, any and all rights to use the
480403v1 MDT RC160-7
Licensed Material provided by the other party in connection with the Sponsorship will end. The
provisions of this Section shall survive the termination of this Agreement.
3. Approval. Each Party agrees to submit to the other, in a timely fashion prior to
finalization, copies of any materials utilizing the other Party's trademarks, service marks,
identifiers and copyrighted material or making reference to the other Party, or its products, as
well as any other materials concerning the Sponsorship. The Parties agree to provide one another
notice of their respective approval or disapproval within five (5) working days after receipt of the
material. Failure to notify the other Party within such five-day period shall be deemed to be dis-
approval. All objections, if any, will be discussed by the Parties, and no material will be used,
which in the opinion of any Party hereto, (i) is inconsistent with the Party's overall image, (ii)
might jeopardize any proprietary rights of any Party or a third party, or (iii) violates any
contractual obligation of any Party.
4. Representations and Warranties. The Parties each represent and warrant to the
other that (i) it owns or has permission to use and has the right to grant to the other party the
limited, non-exclusive, royalty free right to use its Licensed Materials, [and that of relevant third
party Sponsorship participants] in connection with the Sponsorship, as long as the Licensed
Materials are used in conformity with the granting party's approval as set forth in Section 3; and
(ii) the other party's use of the granting party's Licensed Materials, as approved by the granting
party, will not infringe or violate the rights of any third party and will not give rise to any
payment obligation on the part of the using party to any third party.
5. Indemnification. Each Party agrees to indemnify, defend and hold harmless the
other Party, its parent, affiliates and respective officers, directors, employees, agents and
representatives (collectively, the "Indemnified Parties") from and against any loss, damage,
liability or expense, including reasonable attorneys' fees and costs, in connection with any third
party action or claim against any of the Indemnified Parties arising from the other Party's
activities and responsibilities, in connection with the Sponsorship, or any advertising or
promotional copy prepared by or for such Party in connection with the Sponsorship, including
but not limited to, any such action or claim based on: (i) that Party's actual or alleged breach of
any of its representations, warranties or obligations under this Agreement; (ii) the actual or
alleged negligence or willful misconduct of that Party or any of its employees, agents,
contractors, or subcontractors; (iii) approved use of that Party's Licensed Material in connection
with the Sponsorship; or (iv) that Party's products or services. This provision shall survive the
termination of this Agreement.
6. Limitation of Liability. EXCEPT FOR THE INDEMNIFICATION
OBLIGATIONS SET FORTH ABOVE, CLAIMS OR MATTERS ARISING OUT OF THE
CONFIDENTIALITY PROVISIONS OF THIS AGREEMENT, VIOLATION OF LAW,
CLAIMS PERTAINING TO A PARTY'S FRAUD, GROSS NEGLIGENCE, WILLFUL OR
INTENTIONAL MISCONDUCT, BODILY INJURY OR DEATH ATTRIBUTABLE TO A
PARTY'S NEGLIGENCE, IN NO EVENT SHALL EITHER PARTY BE LIABLE TO THE
OTHER FOR ANY INCIDENTAL, INDIRECT, SPECIAL OR CONSEQUENTIAL
DAMAGES OR LOST PROFITS, VALUE OR SAVINGS SUFFERED BY SUCH PARTY, OR
4804030 MDT RC160-7
ITS EMPLOYEES, AGENTS, MEMBERS, AFFILIATES OR CONTRACTORS, EVEN IF
SUCH PARTY WAS MADE AWARE OF THE POSSIBILITY OF SUCH DAMAGES.
7. Data Practices Compliance. The Parties agree to comply with Minnesota
Statutes Chapter 13 in conjunction with the Sponsorship Agreement.
8. Term and Termination. This Agreement shall commence as of the effective date
written above and shall terminate as of the end date of the Sponsorship (the "Term"), unless
earlier terminated in writing by the non -breaching Party, after a material breach of this
Agreement by the other Party which has not been cured within ten (10) business days from
receipt of written notice of such breach.
9. Force Majeure. In the event that either Party hereto shall be prevented from the
performance of any act required hereunder by reason of riots, insurrection, war, acts of God,
force of nature, or other reasons of a like nature not under the control of the party delayed in
performing work or doing acts required under the terms of this Agreement, then such party shall
not be liable or deemed to be in default under this Agreement, and performance of such act shall
be excused for the period(s) of the delay and the period for the performance of any such act shall
be extended for a period equivalent to the period of such delay, provided the party delayed in
performing promptly gives written notice to the other party of its inability to perform and uses its
best efforts to cure such force majeure condition and comply with the terms of the Agreement as
quickly as possible to the reasonable satisfaction of the other party.
10. Insurance. The Parties agrees to maintain appropriate insurance coverage during
the term of this Agreement.
11. Miscellaneous.
(a) This Agreement constitutes the entire agreement between the parties regarding the
Sponsorship and the promises stated herein (including the Sponsorship Document) shall be the
only obligations of the Parties to each other in connection with the Sponsorship. The provisions
of this Agreement may not be modified, amended or waived without the prior written consent of
each Party.
(b) Neither Party shall have any liability for the other's products or services or their
quality, price or method of sale or distribution. Each agrees to comply with all applicable laws
and regulations in connection with the manufacture, marketing, sale and distribution of its
products and services.
(c) The issuance or distribution of any press release or other publicity referring to the
Sponsorship or this Agreement shall be subject to mutual review and approval.
(d) This Agreement may not be assigned, in whole or part, by either Party without the
other Party's written consent.
(e) This Agreement shall be construed and enforced in accordance with the laws of the
State of Minnesota without regard to its choice of law provisions.
480403v1 MDT RC 160-7
(f) It is understood and agreed that the Parties are acting as independent contractors in
performance of their obligations hereunder. Nothing herein contained shall be construed as
creating the relationship of a joint venture, principal and agent or employer and employee
between Sponsor and Promoter.
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the date first
above written.
Agreed to and authorized by:
Best Buy Purchasing, LLC -- Sponsor
Print Name:
Title:
Date:
480403v MDT RC160-7
Agreed to and authorized by:
The City of Richfield — Promoter
Print Name:
Date:
Exhibit A
This Exhibit A is incorporated by reference therein to the Sponsorship Agreement dated June 21,
2016 between Best Buy Purchasing, LLC (the "Sponsor") and the City of Richfield (the
"Promoter").
Sponsorship activities shall be conducted (the "Sponsorship") as documented in this Exhibit
which sets forth the event details, fees and promotional activities pursuant to the Sponsorship
Agreement between the parties.
I. Prinian, Contacts
Sponsor
Name: Sara Vandeventer
Title: Sr. Manager, Human Resources
Phone: 612-291-6422
Email: Sara.Vandeventer@bestbuy.com
Promoter
Name: Karen Shragg
Title: Manager, Wood Lake Nature Center
Phone: (612) 861-9366
Email: kshragg@cityofrichfield.org
Name:
Amy Markle
Title:
Naturalist
Phone:
612-861-9369
Email:
amarkle@cityofrichfield.org
Il. The Sponsorship
• Event: The Urban Wildland Half Marathon & 5K was founded in 2003 to save the
partnership between Wood Lake Nature Center and the Richfield Public Schools to
provide environmental education curriculum to the students. The race itself has
become an opportunity to demonstrate environmentally -friendly practices. All
materials are either recyclable, reusable, or compostable. Most of the food served at
the event is organic, and every aspect of the race has been considered in an effort to
leave a gentle footprint on the environment.
• Date: August 6, 2016
• Time: 7:00 AM
• Benefits: All proceeds from the Event sponsorship go to support the Wood Lake
Nature Center located in Richfield, MN.
480403v] MDT RC 160-7
HE. Responsibilities
ResponsiblEities of Sponsor:
• Start Line: Provide Best Buy and Geek Squad logos for placement at the starting line (high
resolution file).
• Race Shirts: Provide Best Buy and Geek Squad logos for placement on the t -shirts (high
resolution file).
• Water Stops: Secure appropriate number of volunteers to operate the water stops for the
duration of the race.
• Packet Pick-up:
— Electronics Recycling: Provide receptacles to recycle small electronics, batteries, cables
and wires.
— Spectator Support: Provide guidance to spectators who will be cheering for family and
friends along the race course. Provide Best Buy tag -shaped tag board for fans to write
encouraging messages to the runners.
Responsibilitnes of Promoter:
• Start Line: Placement of Best Buy and Geek Squad logos at starting line.
® Dace Shirts: Procure, print and distribute race shirts to all participating runners that includes
Best Buy and Geck Squad logos.
o Water Stops: Placement of Best Buy and Geek Squad logos at Best Buy water stops.
Rance N ebsite & Collateral: Placement of Best Buy and Geek Squad logos on race website
and on race packet materials.
IV. ]Fees.
a. Sponsorship Elections and associated Fees
Sponsor has elected to sponsor the following items:
Sponsorship Item
Description
Fee (USD)
Sponsorship Level
Start Line
Sponsor's name and logo on
$1,000
Gold
banner at the starting line
Race Shirts
Sponsor's name and logo on the
$500
Silver
back of runner's shirts
Two (2) Water Stops
Sponsor's name and logo on sign
$500
Silver
at water stop
Packet Pick-up
Promote Sponsor's business on
$250
Silver
Vendor
packet pick-up day at the ice
arena
TOTAL
$2,250
480403v 1 MDT RC 160-7
b. Payment Schedule.
Promoter will invoice the Sponsor for the sponsorship fee. Sponsorship fee will be due
July 15, 2016. Check to be made out to: Wood Lake Nature Center and sent to Wood Lake
care of Karen Shragg to 6710 Lake Shore Drive Richfield, MN 55423.
V. Term and Termination of this Exhibit.
The "Term" of this Exhibit commences on June 21, 2016 and continues until August 6,
2016 unless sooner terminated by either party pursuant to Section 7 of the Agreement.
V1. Billing Address.
Best Buy Corporate Campus
Attn: Accounts Payable
7601 Penn Avenue South
Richfield, NIN 55423-3645
IN WITNESS WHEREOF, the Parties hereto have executed this Exhibit A.
Agreed to and authorized by:
Best Buy Purchasing, LLC — Sponsor
By:
Print Name:
Title:
Date:
480403v1 MDT RC 160-7
Agreed to and authorized by:
The City of Richfield — Promoter
By:
Print Name:
Title:
Date:
AGENDA SEC -10N: CONSENT CALENDAR
AGENDA ITEM # 7.D.
STAFF REPORT NO. 96
CITY COUNCIL MEETING
6/28/2016
REPORT PREPARED BY: Betsy Osborn, Support Services Manager
DEPARTMENT DIRECTOR REVIEW: Jay Henthorne, Public Safety Director
6/16/2016
OTHER DEPARTMENT REVIEW: N/A
CITY MANAGER REVIEW: STEVEN L. DEVICH
6/22/2016
ITEM FOR COUNCIL CONSIDERATION:
Consideration of the approval of a resolution amending Appendix D of the Richfield City Code to
provide for a registration fee for Beekeeping in the City.
EXECUTIVE SUMMARY:
In 2015, the City had received several requests to allow beekeeping and after staff research and discussions
a draft ordinance was presented to the City Council to consider. The City had never addressed beekeeping
previously and as a result of it being a new code, extensive discussions occurred between Community
Development, Recreation and Public Safety staff with assistance and review from the City Attorney's office
concerning the contents of the code being recommended.
Afirst reading of the ordinance occurred at the January 12, 2016 Council meeting with a second reading and
approval from the City Council on January 26, 2016.
At that time, staff had not yet had an opportunity to determine the registration fee for beekeeping as the fee is
intended to cover only the City's administrative costs as it relates to the processing and administering of the
beekeeping registration. It has been determined that the fee should be $30 and is being presented now for
inclusion into Appendix D.
RECOMMENDED ACTION:
By Motion: Approve a resolution amending Appendix D of the Richfield City Code to provide for a
registration fee for Beekeeping in the City.
A. HISTORICAL CONTEXT
After receiving several requests from the community regarding a beekeeping ordinance, staff developed
a draft ordinance in late 2015 for presentation to the City Council. This process included discussions
with several other department staff members so that the ordinance was comprehensive.
Afirst reading of the ordinance occurred on January 12, 2016 with a second reading and approval
occurring on January 26, 2016.
At the time the ordinance was presented to the City Council, a fee had not yet been determined. Staff
believes the registration fee should be minimal to encourage those interested in beekeeping and is
therefore recommending a fee of $30 for a registration fee to cover the City's administrative costs.
B. POLICIES (resolutions, ordinances, regulations, statutes, etc.
A resolution amending Appendix D to include a registration fee for beekeeping is attached.
C. CRITICAL TIMING ISSUES:
None
D. FINANCIAL IMPACT:
This fee is intended to cover the City's administrative costs.
E. LEGAL CONSIDERATION:
The City Attorney's office has drafted the attached resolution and supports its approval.
ALTERNATIVE RECOMMENDATION(B)LI
The City Council could decide not to approve the addition of a $30 beekeeping registration fee to Appendix D
but that would mean that the City's administrative costs to process a beekeeping registration would not be
covered.
PRINCIPAL PARTIES EXPECTED AT MEETING:
None
ATTACHMENTS:
Description
Type
D Resolution to add a Beekeeping Registration fee to Resolution Letter
Appendix D
RESOLUTION NO.
RESOLUTION AMENDING
APPENDIX D OF THE RICHFIELD CITY CODE TO
PROVIDE FOR A REGISTRATON FEE FOR BEEKEEPING IN THE CITY
BE IT RESOLVED by the City Council of the City of Richfield, Minnesota as follows:
WHEREAS, on January 26, 2016, the Richfield City Council approved an Ordinance
allowing for beekeeping within residential areas of the City; and
WHEREAS, the Ordinance requires that anyone wishing to keep bees in the City register
with the City and pay a registration fee; and
WHEREAS, the registration fee is intended to cover only the City's administrative costs
related to processing and administering the beekeeping registration; and
WHEREAS, Appendix D to the Richfield City Code contains the City's schedule of fees
and should be updated to reflect current fees.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield,
Minnesota, that Appendix D to the Richfield City Code is hereby amended as follows to provide
for a beekeeping registration fee:
Type of Permit or
License
Section
Requiring
Description
Fee
(1) Animals
905.01-905.29
(a) Animals (Spayed or Neutered with 1 Year
option to purchase a multi-year license
$15.00
(b) Animals (Not Spayed or Neutered) 1 Year
$25.00
(c) Duplicate Animal License
$7.00
(d) Late Penalty
$10.00
905.31-905.33
(e) Commercial Kennel 1 Year
$217.00
(f) Residential Kennel 1 Year
$164.00
(g) Veterinary
$217.00
905.37-905.39
(h) Pigeons 1 Year
$43.00
905.41
(i) Non-domestic Animals (Temporary Permit)
$30.00
905.01-905.29
(j) Impounding (each animal) 1" Time
$64.00
2" Time
$127.00
3rd Time (each impound after)
$191.00
(k) Dangerous dog registration fee (State
Statute 347.51)
$500.00
906.13
1) Beekeeping Registration fee
30.00
481422v1 MDT RC 160-3
Adopted by the City Council of the City of Richfield, Minnesota this 28th day of June, 2016.
Debbie Goettel, Mayor
ATTEST:
Elizabeth VanHoose, City Clerk
481422v1 MDT RC 160-3
AGENDA SEC -10N: CONSENT CALENDAR
AGENDA ITEM # 7.E.
STAFF REPORT NO. 97
CITY COUNCIL MEETING
6/28/2016
REPORT PREPARED BY: Betsy Osborn, Support Services Manager
DEPARTMENT DIRECTOR REVIEW: Jay Henthorne, Public Safety Director
6/15/2016
OTHER DEPARTMENT REVIEW: N/A
CITY MANAGER REVIEW: STEVEN L. DEVICH
6/22/2016
ITEM FOR COUNCIL CONSIDERATION:
Consideration of the approval and acceptance of a five year agreement with the Minnesota Department
of Health (MDH) Lead Unit to perform the initial environmental lead risk assessment for diagnosed
cases of elevated blood lead levels in children under six years of age and pregnant women in the City
of Richfield.
EXECUTIVE SUMMARY:
The City of Bloomington's lead -trained Environmental Health inspectors currently make the initial contact with
lead cases and conduct the initial sampling for lead with Richfield paying for the laboratory sample analysis
expense. These costs for laboratory sampling can cost several hundred dollars each and while they are
conducted by the City of Bloomington staff they are not a part of Richfield's annual environmental health
contract with Bloomington so this results in additional dollars being spent.
Under this five year agreement, the Minnesota Department of Health (MDH) Lead Unit will conduct the initial
environmental lead risk assessment for diagnosed cases of elevated blood lead in children under six years of
age and pregnant women in the City of Richfield. This includes making the initial contact with the individual
and their family at home, and collecting environmental samples for laboratory analysis to determine the
source of the lead exposure. MDH will not charge the City for these services.
RECOMMENDED ACTION:
By Motion: Approve the five year agreement with the Minnesota Department of Health (MDH) to
perform initial environmental lead risk assessments in the City of Richfield.
BASIS OF RECOMMENDATION:
A. HISTORICAL CONTEXT
The number of these types of cases has decreased to under ten each year in Richfield since
approximately 2011. Bloomington, as well as Hennepin and Dakota Counties, have recently completed
similar agreements with MDH in response to the decreasing number of elevated blood lead cases in their
communities as well. The most recent information received from MDH was that Richfield had only seven
cases of lead risk assessments in 2014.
Currently, the City of Bloomington's lead -trained Environmental Health inspectors make the initial contact
with cases and conduct the initial sampling for lead with the City of Richfield paying for the laboratory
sample analysis expense. This agreement will result in a reduction of costs for the City of Richfield.
The contract would expire on March 1, 2021 with the option to renew.
B. POLICIES (resolutions, ordinances, regulations, statutes, etcy
N/A
C. CRITICAL TIMING ISSUES:
Once the Richfield City Council approves this agreement, it will be forwarded to the State for their final
approval.
D. FINANCIAL IMPACT:
This will result in a savings of approximately $1,000 - $1,500 annually as there is no cost to Richfield to
do this over the five year period.
E. LEGAL CONSIDERATION:
The City Attorney has reviewed the contents of the legal agreement and has approved of it.
ALTERNATIVE RECOMMENDATIONS .
The Richfield City Council could decide not to enter into a five year agreement with the Minnesota Department
of Health Lead Unit which would mean that the City of Bloomington would continue to conduct lead
assessments. These types of assessments are not a part of Richfield's annual environmental health contract
with Bloomington and as a result would mean that the City of Richfield would be responsible for paying the
costs.
PRINCIPAL PARTIES EXPECTED AT MEETING:
None
ATTACHMENTS:
Description Type
D MDH Lead Assessment Agreement Contract/Agreement
CFMS Contract No.
STATE OF MINNESOTA
JOINT POWERS AGREEMENT
This agreement is between the State of Minnesota, acting through its Commissioner of Health ("State") and the City of
Richfield ("Governmental Unit").
Recitals
Under Minn. Stat. § 471.59, subd. 10, the State is empowered to engage such assistance as deemed necessary. The purpose
of this contract is to assist the Governmental Unit with assessment, testing and reporting of lead hazards in dwelling units
associated with an elevated blood lead (EBL) level within its jurisdiction. The State is able to provide this assistance to the
Governmental Unit according to Minnesota Statutes 144.9504, Subdivision 1(c).
Agreement
Term of Agreement
1.1 Effective date: March 1, 2016 or the date the State obtains all required signatures under Minnesota Statutes
Section 16C.05, subdivision 2, whichever is later.
1.2 Expiration date, March 1, 2021 or until all obligations have been satisfactorily fulfilled, whichever occurs first.
Agreement between the Parties
The State will assist the Governmental Unit by conducting risk assessments as outlined in Minnesota Statutes
144.9504, subdivision 2, and provide a risk assessment report pursuant to Minnesota Rules, part 4761.2680, subpart 2.
The state will perform a visual assessment of the dwelling unit, sample paint, dust, soil, and water to determine lead
content. The State will conduct a final clearance inspection and testing of floors, window sills, and window wells as
outlined in Minnesota Statutes 144.9504, subdivision 9, and provide a clearance inspection report pursuant to
Minnesota Rules, part 4761.2680, subpart 1. The State will also provide lead education associated with the risk
assessment and clearance report findings to affected individuals.
The Governmental Unit will coordinate with the State when an EBL case is reported so that a risk assessment is
conducted within the appropriate time frame set forth in Minnesota Statutes 144.9504, subdivision 2. Following the
risk assessment, the state will provide to the Governmental Unit a copy of the risk assessment report along with testing
data, floor plans, photographs, and chain of custody information. The Governmental Unit will be responsible for
issuance of lead orders as outlined in Minnesota Statutes 144.9504, subdivision 5, including subdivisions 6 and 7
(swab team services and relocation of residents). The lead orders address lead hazards identified in the risk assessment
report and requires that the property owner perform lead hazard reduction on all lead hazards that exceed regulatory
standards for paint, dust, soil, and water.
Following completion of the lead orders, the Governmental Unit will contact the State to arrange for a clearance
inspection of the dwelling unit. The Governmental Agency is responsible for ensuring case closure after the clearance
inspection has passed, indicating that the lead hazards are no longer present in the dwelling unit. Requirements for
case closure are outlined in Minnesota Statutes 144.9504, subdivision 10.
The State and Governmental Unit will jointly review the terms and conditions of the agreement prior to the expiration
date as a determination for renewal of the agreement between the parties.
3 Payment
The total obligation of the State under this agreement will not exceed $0. This is a no -cost agreement.
4 Authorized Representatives
The State's Authorized Representative is Daniel Locher, EH Supervisor, 625 Robert Street North, St. Paul, Minnesota
55164-0975, (651) 201-4605, or his successor.
Joint Powers Agreement (Rev. 07/11)
CFMS Contract No.
The Governmental Unit's Authorized Representative is Betsy Osborn, Support Services Division Manager in the Public
Safety Department, City of Richfield, 6700 Portland Avenue South, Richfield MN 55423, (612) 861-9881, or her
successor.
Assignment, Amendments, Waiver, and Contract Complete
5.1 Assignment. The Governmental Unit may neither assign nor transfer any rights or obligations under this
agreement without the prior consent of the State and a fully executed Assignment Agreement, executed and
approved by the same parties who executed and approved this agreement, or their successors in office.
5.2 Amendments. Any amendment to this agreement must be in writing and will not be effective until it has been
executed and approved by the same patties who executed and approved the original agreement, or their successors
in office.
5.3 Waiver. If the State fails to enforce any provision of this agreement, that failure does not waive the provision or its
right to enforce it.
5.4 Contract Complete. This agreement contains all negotiations and agreements between the State and the
Governmental Unit. No other understanding regarding this agreement, whether written or oral, may be used to
bind either party.
Indemnification
Each Party shall be responsible for its own acts or omissions and the acts or omissions of its officials, agents, and
employees, and the results thereof, in carrying out the terms of this Agreement, to the extent authorized by law and
shall not be responsible for the acts/omissions of the other Party and the results thereof. The Minnesota Torts Claims
Act, Minn. Stat. §3.736, and other applicable laws, governs the State's liability. The liability of the Governmental Unit
is governed by the Municipal Tort Claims Act, Minn. Stat. Chapter 466, and other applicable laws.
Pursuant to Minn. Stat. §471.59, Subd. 1 a(b), for purposes of determining total liability for damages, the parties are
considered to be a single governmental unit, the total liability of which shall not exceed the limits for a single
governmental unit as provided in Minnesota Statutes §§3.736 and 466.04, subd. 1.
7 State Audits
Under Minnesota Statute § 16C.05, subdivision 5, the Governmental Unit's books, records, documents, and
accounting procedures and practices relevant to this agreement are subject to examination by the State and/or the State
Auditor or Legislative Auditor, as appropriate, for a minimum of six years from the end of this agreement.
S Government Data Practices
The Governmental Unit and State must comply with the Minnesota Government Data Practices Act, Minnesota Statute
Ch. 13, as it applies to all data provided by the State under this agreement, and as it applies to all data created,
collected, received, stored, used, maintained, or disseminated by the Governmental Unit under this agreement. The
civil remedies of Minnesota Statute § 13.08 apply to the release of the data referred to in this clause by either the
Governmental Unit or the State.
If the Governmental Unit receives a request to release the data referred to in this Clause, the Governmental Unit must
immediately notify the State. The State will give the Governmental Unit instructions concerning the release of the data
to the requesting party before the data is released.
9 Venue
Venue for all legal proceedings out of this agreement, or its breach, must be in the appropriate state or federal court
with competent jurisdiction in Ramsey County, Minnesota.
10 Termination
10.1 Termination. The State or the Governmental Unit may terminate this agreement at any time, with or without
cause, upon 30 days' written notice to the other party.
10.2 Termination for Insufficient Funding. The State may immediately terminate this agreement if it does not obtain
Joint Powers Agreement (Rev. 07/11) 2
CFMS Contract No.
funding from the Minnesota Legislature, or other funding source; or if funding cannot be continued at a level sufficient
to allow for the payment of the services covered here. Termination must be by written or fax notice to the
Governmental Unit. The State is not obligated to pay for any services that are provided after notice and effective date
of termination. However, the Governmental Unit will be entitled to payment, determined on a pro rata basis, for
services satisfactorily performed to the extent that funds are available. The State will not be assessed any penalty if the
agreement is terminated because of the decision of the Minnesota Legislature, or other funding source, not to
appropriate funds. The State must provide the Governmental Unit notice of the lack of funding within a reasonable
time of the State's receiving that notice.
1. STATE ENCUMBRANCE VERIFICATION
Individual certifies that funds have been encumbered as
required by Minnesota Statute §§ 16A. 15 and 16C.05.
Signed:
Date:
CFMS Contract No. A-
2. GOVERNMENTAL UNIT
By:
Title:
Date:
By:
Title:
Date:
3. STATE AGENCY
By:
(with delegated authority)
Title:
Date:
4. COMMISSIONER OF ADMINISTRATION
As delegated to Materials Management Division
By:
Date:
Distribution:
Agency
Governmental Unit
State's Authorized Representative - Photo Copy
Joint Powers Agreement (Rev. 07/11) 3
AGENDA SEC -10N: CONSENT CALENDAR
AGENDA ITEM # 71.
STAFF REPORT NO. 98
CITY COUNCIL MEETING
6/28/2016
REPORT PREPARED BY: Karen Barton, Community Development Assistant Director
DEPARTMENT DIRECTOR REVIEW: Karen Barton, Acting Community Development Director
6/21/2016
OTHER DEPARTMENT REVIEW: N/A
CITY MANAGER REVIEW: STEVEN L. DEVICH
6/22/2016
ITEM FOR COUNCIL CONSIDERATION:
Consideration of the approval of a resolution supporting the submittal of a grant application to the
Metropolitan Council for the Richfield Parkway/Cedar Point South development project.
EXECUTIVE SUMMARY:
City staff submitted a preliminary project concept plan to the Metropolitan Council Livable Communities
Demonstration Account (LCDA) program on May 2, 2016 to request funding for the construction of Richfield
Parkway through the prospective Cedar Point South development. The preliminary project concept plan was
approved by the Met Council on June 2nd, allowing the City to make formal application for the funding.
The grant application is due on July 1, 2016. As part of the application, the City Council must pass a
resolution supporting the grant application to the Met Council.
If approved, staff will be submitting a grant application request in the amount of appro)amately $1,400,000.
RECOMMENDED ACTION:
By Motion: Adopt a resolution identifying the need for Livable Communities Demonstration Account
Funding and authorizing an application for grant funds associated with the Cedar Point South
Development Project.
BASIS OF RECOMMENDATION:
A. HISTORICAL CONTEXT
Anderson Companies (d/b/a Inland Development LLC) (Developer) is proposing to develop a
portion of the Cedar Point South area, bounded by 66th Street to the north, 68th Street to the
south, 17th Avenue to the west, and Cedar Avenue to the east, with appro)amately 300 units of
multi -family rental housing.
As part of the Cedar Corridor Master Plan, Richfield Parkway is intended to continue south of 66th
Street to 77th Street as development/redevelopment occurs in the corridor.
A portion of Richfield Parkway will run through the Developer's proposed project between 66th and
68th Streets. The e)asting street in the project area was constructed as a temporary street with the
understanding that it would be replaced with the permanent Richfield Parkway when development
occurs.
The proposed project is contingent upon a funding source being identified for the construction of
Richfield Parkway through the project area.
The Richfield Housing and Redevelopment Authority (HRA) entered into a Preliminary
Development Agreement with the Developer on October 19, 2015 and is currently in the process of
drafting a Contract for Private Development with the Developer.
The project is tentatively scheduled to break ground in early 2017.
B. POLICIES (resolutions, ordinances, regulations, statutes, etcy
• It is the City's policy to seek grant funding opportunities as practicable.
• City of Richfield's 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 grant application is due July 1, 2016.
D. FINANCIAL IMPACT:
The application will be requesting approximately $1,400,000 to fund the construction of Richfield
Parkway and other project components.
E. LEGAL CONSIDERATION:
None
ALTERNATIVE RECOMMENDATION(S):
Do not adopt the resolution.
PRINCIPAL PARTIES EXPECTED AT MEETING:
A representative from Inland Development may attend.
ATTACHMENTS:
Description
Type
D Cedar Point South Met Council LCDA Grant Application Resolution Letter
Resolution
RESOLUTION NO.
RESOLUTION IDENTIFIYING THE NEED FOR LIVABLE COMMUNITIES
DEMONSTRATION ACCOUNT FUNDING AND AUTHORIZING AN APPLICATION
FOR GRANT FUNDS FOR ASSOCIATED WITH THE CEDAR POINT SOUTH
DEVELOPMENT PROJECT
WHEREAS, the City of Richfield is a participant in the Livable Communities Act's
Local Housing Incentives Account Program for 2016 as determined by the Metropolitan
Council, and is therefore eligible to apply for Livable Communities Demonstration
Account funds; and
WHEREAS, the City has identified a proposed project within the City that meets
the Demonstration Account's purposes and criteria and is consistent with and promotes
the purposes of the Metropolitan Livable Communities Act and the policies of the
Metropolitan Council's adopted metropolitan development guide; and
WHEREAS, the City has the institutional, managerial and financial capability to
ensure adequate project and grant administration; and
WHEREAS, the City certifies that it will comply with all applicable laws and
regulations as stated in the contract grant agreements; and
WHEREAS, the City agrees to act as legal sponsor for the poject contained in
the grant application submitted on July 1, 2016; and
WHEREAS, the City acknowledges Livable Communities Demonstration Account
grants are intended to fund projects or project components that can serve as models,
examples or prototypes for development or redevelopment projects elsewhere in the
region, and therefore represents that the proposed project or key components of the
proposed project can be replicated in other metropolitan -area communities; and
WHEREAS, only a limited amount of grant funding is available through the
Metropolitan Council's Livable Communities Demonstration Account during each
funding cycle and the Metropolitan Council has determined it is appropriate to allocate
those scarce grant funds only to eligible projects that would not occur without the
availability of Demonstration Account grant funding.
NOW, THEREFORE BE IT RESOLVED, that, after appropriate examination and
due consideration, the governing body of the City:
Finds that is in the best interests of the City's development goals and priorities for the
proposed project to occur at this particular site and at this particular time;
Finds that the project components for which Livable Communities Demonstration
Account funding is sought will not occur solely through private or other public
investment within the reasonably foreseeable futures and will occur within three years
after a grant award only if Livable Communities Demonstration Account funding is made
available for this project at this time; and
Represents that the City has undertaken reasonable and good faith efforts to procure
funding for the project component for which Livable Communities Demonstration
Account funding is sought but is not able to find or secure from other sources funding
that is necessary for project component completion in the timeframe required for
development to occur.
BE IT FURTHER RESOLVED, that the City Manager or his designee is authorized to
submit on behalf of the City, an application for Metropolitan Council Livable
Communities Demonstration Account grant funds for the project components identified
in the application, and to execute such agreements as may be necessary to implement
the project on behalf of the City.
Adopted by the City Council of the City of Richfield, Minnesota this 28th day of June,
2016.
Debbie Goettel, Mayor
ATTEST:
Elizabeth VanHoose, City Clerk
AGENDA SEC -10N: CONSENT CALENDAR
AGENDA ITEM # 7.G.
STAFF REPORT NO. 99
CITY COUNCIL MEETING
6/28/2016
REPORT PREPARED BY: Jack Broz, Transportation Engineer
DEPARTMENT DIRECTOR REVIEW: Kristin Asher, Public Works Director
6/22/2016
OTHER DEPARTMENT REVIEW: N/A
CITY MANAGER REVIEW: STEVEN L. DEVICH
6/22/2016
ITEM FOR COUNCIL CONSIDERATION:
Consideration of approval of the implementation of Bicycle Master Plan identified bike routes in the
2015 mill and overlay area as recommended by the Transportation Commission.
EXECUTIVE SUMMARY:
At their June 1, 2016 meeting, the Transportation Commission recommended implementation of routes
identified in the Bicycle Master Plan for the area of the city that received mill and overlay in 2015. The area is
bounded by 1-35W and Xerxes/York Ave to the east and west, and 66th St and TH 62 to the north and
south. This project will add over 2.5 miles of planned bicycle routes in Northwest Richfield. The facilities are
generally on -street, "share the road" markings with signage. A short section of multi -use trail along the TH 62
noise wall will complete the gap left with the Crosstown project.
Project details were presented at a Public Project Open House on May 24, 2016. Feedback was generally
positive at the meeting. A summary of the meeting is attached.
RECOMMENDED ACTION:
By Motion: Approve the implementation of bike routes identified in the Bicycle Master Plan for the 2015
mill and overlay area, as recommended by the Transportation Commission.
BASIS OF RECOMMENDATION:
A. HISTORICAL CONTEXT
Background
• The streets in the project area received mill and overlay in 2015.
• Goals for multimodal transportation options for Richfield residents are identified in the following
approved documents:
• Comprehensive Plan
• Complete Streets Policy
• Bicycle Master Plan
• Guiding Principles
• Current procedure for bike route implementation is to hold the public involvement, route design,
and construction the year following mill and overlay of a given section of the City.
• The proposed project would add over 2.5 miles of identified bicycle routes in Northwest Richfield,
north of 66th Street and west of 1-35W.
Public Involvement
• A Public Open House was held on May 24, 2016 for the proposed routes.
• Feedback was generally positive; a meeting summary is attached.
• The Transportation Commission recommended the project during their June 1, 2016
meeting after reviewing project details and the results of the Open House.
B. POLICIES (resolutions, ordinances, regulations, statutes, etch
• The proposed routes are consistent with the following approved City documents:
• Comprehensive Plan (Chapter 6 - Transportation)
• Complete Streets Policy
• Bicycle Master Plan
C. CRITICAL TIMING ISSUES:
• The streets in the project area received mill and overlay in 2015.
• The current procedure to implement the Bicycle Master Plan is to apply new bike routes the year
following mill and overlay in each section of the City.
D. FINANCIAL IMPACT:
• Local (City) funds will be used for the project
• Public Works staff will perform the work for striping and signing.
• Contractors will perform the work for multiuse trail construction.
E. LEGAL CONSIDERATION:
The amount of purchase is estimated to be less than $100,000, and therefore sealed bids are not
required by the law governing contracts or purchases by the City of Richfield.
ALTERNATIVE RECOMMENDATION(B)LI
Council may chose to not implement the proposed routes at this time and direct staff on how to proceed.
PRINCIPAL PARTIES EXPECTED AT MEETING:
None
ATTACHMENTS:
Description Type
❑ Project Fact Sheet Backup Material
❑ 05242016 Open House Meeting Summary Backup Material
Northwest Richfield Bicycle Routes
Purpose
The City's Complete Streets Policy, Bicycle Master Plan and Guiding Principles have established goals for
multimodal transportation options for Richfield residents. This project is intended to add over 2.5 miles
of planned bicycle routes in Northwest Richfield, (north of 66th Street and west of 1-35W). The streets in
this same area were Milled and Overlaid in 2015. The new pavement markings can be applied to
implement the bicycling network after the Mill and Overlay is completed in a section of the City.
,project Elements
Features of the project include:
• Bicycle Route Pavement Markings and Signs
• New Street Name Signs
• New 10' Multi -use Path construction from Russell Avenue to Newton Avenue (adjacent to the
MnDOT noise walls for Highway 62)
Mav 24th Open Douse Info
• Display Boards
• Handout
°Timelino
Construction to begin in 2016 and completed in 2016
Project kmancing
City Funding
Iroject Map
If t I
City Limits 'P'
Northwest Richfield Bike Routes
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NORTHWESTROUTES
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Meeting Summary
Public Open House 5/24/2016 RIs``.%
RICiIFIELR STREETS,GAG
Madison Park Shelter
Northwest Richfield Bicycle Routes Improvement Project
Meeting Purpose
The goal of the meeting was to let the public know about the upcoming project and project's features:
• Loop Route (Xerxes to Girard via 64th St/Washburn Ave/62nd St)
• Sheridan/Russel Route (62nd St to 66th St)
• Logan Route (62nd St to 66th St)
• Pavement Markings
• Street Name Signs
• Multiuse Path construction
Meeting Notice
• Approximately 1300 invitations were mailed to the property owners in the Richfield area north of
66th St and west of 1-35W
• Posted on the City's website calendar
• Sweet Streets Website updated with project information
• Open House "Facebook events" were created on the Sweet Streets Page
Public Response
Approximately 20 residents attended and 15 comment cards were filled out.
Written comment summary:
• 10 comments were supportive of the proposed design along with related notes as follows:
o 1 comment requested wider trail segments
0 1 comment requested secure bicycle parking within the City
0 1 comment disappointed that crossing 66th St at Girard will not be allowed
o 1 comment requested a better crossing of Penn Ave
• 2 comments expressed concerns about adding bicycle traffic on narrow streets with parking on
both sides of the street
• 3 comments were received that did not comment on the proposed project.
o 2 comments expressed concerns regarding traffic and parking conflicts on 63rd and Penn.
o 1 comment expressed concern that Madison Park had not received improvements after the
Crosstown project impacts occurred.
Meeting Photos
Figure 1- Meeting Format
Figure 2- Resource Table
AGENDA SEC -10N: CONSENT CALENDAR
AGENDA ITEM # TH.
STAFF REPORT NO. 100
CITY COUNCIL MEETING
6/28/2016
REPORT PREPARED BY: Chris Regis, Finance Manager
DEPARTMENT DIRECTOR REVIEW:
OTHER DEPARTMENT REVIEW: N/A
CITY MANAGER REVIEW: STEVEN L. DEVICH
6/22/2016
ITEM FOR COUNCIL CONSIDERATION:
Consideration of the approval of the renewal of the agreement with Hennepin County for the purchase
of assessment services for the period commencing August 1, 2016 and ending July 31, 2020.
EXECUTIVE SUMMARY:
In 1981, the City of Richfield entered into the first of a series of four-year contracts with Hennepin County for
assessment services. Prior to that time, assessment services were performed by a City assessing staff
consisting of a City Assessor and three Property Appraisers. The current contract with Hennepin County will
expire on July 31, 2016. The City must take action to renew the contract with Hennepin County or hire a City
Assessor and property appraising staff.
RECOMMENDED ACTION:
By Motion: Authorize the City Manager to execute renewal contract number A165539 with Hennepin
County for the purchase of assessment services for the period commencing August 1, 2016 and ending
July 31, 2020.
BASIS OF RECOMMENDATION:
A. HISTORICAL CONTEXT
The assessment service provided by Hennepin County during the past 35 years has been
extremely responsive and professional.
Hennepin County assigns well-trained and knowledgeable staff to perform the Richfield
assessment.
The City has no less local control of the assessment process under contract with Hennepin County
than it would if the assessment was performed by City Staff.
B. POLICIES (resolutions, ordinances, regulations, statutes, etcy
Since 1981 the City has made the decision to contract with Hennepin County for assessment services.
C. CRITICAL TIMING ISSUES:
• If the City were to consider terminating this contract, the City would need to begin immediately to
assemble a City property assessment staff.
• The current contract expires at the end of July and Hennepin County would like notice of the
City's intentions with respect to contract renewal.
D. FINANCIAL IMPACT:
The cost of purchasing the base assessment service from Hennepin County is $290,000 per year
starting with the 2017 assessment, a 3.57% increase over the past year.
The cost of the 2016 base assessment was $280,000.
The cost estimate of providing an in-house City Assessor and Appraiser staff would be
appro)amately $491,930 based on metro area city assessing staff average salaries plus benefit
cost calculation of 33% of salary.
E. LEGAL CONSIDERATION:
The City and County may enter into a legal contract for the provision of this service.
ALTERNATIVE RECOMMENDATION(Sl:
The City Council could elect not to renew this contract with Hennepin County. However, if this contract were
not renewed, the City would have to hire at least three new employees to provide this service.
PRINCIPAL PARTIES EXPECTED AT MEETING:
None.
ATTACHMENTS:
Description Type
D Hennepin County Assessing Agreement Contract/Agreement
Contract No. A165539
AGREEMENT
THIS AGREEMENT, Made and entered into by and between the COUNTY OF
HENNEPIN, a political subdivision of the State of Minnesota, hereinafter referred to as
the "COUNTY", and the CITY OF RICHFIELD, a political subdivision of the State of
Minnesota, hereinafter referred to as "CITY';
WHEREAS, said CITY lies wholly within the COUNTY OF HENNEPIN and
constitutes a separate assessment district; and
WHEREAS, under such circumstances, the provisions of Minnesota Statutes,
Section 273.072 and Minnesota Statutes, Section 471.59 permit the County Assessor to
provide for the assessment of property; and
WHEREAS, said CITY desires the COUNTY to perform certain assessments
on behalf of said CITY; and
WHEREAS, the COUNTY is willing to cooperate with said CITY by completing
the assessment in a proper manner;
NOW, THEREFORE, in consideration of the mutual covenants contained
herein, it is agreed as follows:
1. The COUNTY shall perform the 2017, 2018, 2019, and 2020 property
assessment for the CITY OF RICHFIELD in accordance with property assessment
procedures and practices established and observed by the COUNTY, the validity and
reasonableness of which are hereby acknowledged and approved by the CITY. Any
such practices and procedures may be changed from time to time, by the COUNTY in
its sole judgment, when good and efficient assessment procedures so require. The
property assessment by the COUNTY shall be composed of those assessment services
which are set forth in Exhibit A, attached hereto and made a part hereof by this
reference, provided that the time frames set forth therein shall be considered to be
approximate only.
2. All information, records, data, reports, etc. necessary to allow the
COUNTY to carry out its herein responsibilities shall be furnished to the COUNTY
without charge by the CITY, and the CITY agrees to cooperate in good faith with the
COUNTY in carrying out the work under this Agreement.
3. The CITY agrees to furnish, without charge, secured office space needed
by the COUNTY at appropriate places in the CITY's offices. The keys thereto shall be
provided to the COUNTY. Such office space shall be sufficient in size to accommodate
reasonably three (3) appraiser and any furniture placed therein. The office space shall
be available for the COUNTY's use at any and all times during typical business hours,
and during all such hours the COUNTY shall be provided with levels of heat, air
conditioning and ventilation as are appropriate for the seasons.
4. The CITY also agrees to provide appropriate desk and office furniture as
necessary, clerical and secretarial support necessary and reasonable for the carrying
out of the work herein, necessary office supplies and equipment, copying machines and
fax machines and their respective supplies, and telephone and internet service to the
COUNTY, all without charge to the COUNTY.
5. It shall be the responsibility of the CITY to have available at the CITY's
offices a person who has the knowledge and skill to be able to answer routine questions
pertaining to homesteads and property assessment matters and to receive, evaluate
and organize homestead applications. The CITY shall store all homestead applications
and homestead data in secure storage meeting the requirements set by the COUNTY.
(2)
It shall also be the responsibility of the CITY to promptly refer any homestead
application which needs investigation to the COUNTY.
6. In accordance with Hennepin County Affirmative Action Policy and the
County Commissioners' policies against discrimination, no person shall be excluded
from full employment rights or participation in or the benefits of any program, service or
activity on the grounds of race, color, creed, religion, age, sex, disability, marital status,
sexual orientation, public assistance status, ex -offender status or national origin; and no
person who is protected by applicable Federal or State laws, rules and regulations
against discrimination shall be otherwise subjected to discrimination.
7. It is agreed that nothing herein contained is intended or should be
construed in any manner as creating or establishing the relationship of joint venturers or
co-partners between the parties hereto or as constituting the CITY as the agent,
representative or employee of the COUNTY for any purpose or in any manner
whatsoever. Any and all personnel of CITY or other persons, while engaged in the
performance of any activity under this Agreement, shall have no contractual relationship
with the COUNTY and shall not be considered employees of the COUNTY 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 CITY, its officers, agents, CITY or employees shall in no way be the
responsibility of the COUNTY, and CITY shall defend, indemnify and hold the COUNTY,
its officials, officers, agents, employees and duly authorized volunteers harmless from
any and all such claims regardless of any determination of any pertinent tribunal,
(3)
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
COUNTY, including, without limitation, tenure rights, medical and hospital care, sick and
vacation leave, Workers' Compensation, Re-employment Compensation, disability,
severance pay and retirement benefits.
8. CITY agrees that it will defend, indemnify and hold the COUNTY, its
elected officials, officers, agents, employees and duly authorized volunteers harmless
from any and all liability (statutory or otherwise) claims, suits, damages, judgments,
interest, costs or expenses (including reasonable attorney's fees, witness fees and
disbursements incurred in the defense thereof) resulting from or caused by the
negligent or intentional acts or omissions of the CITY, its officers, agents, contractors,
employees or duly authorized volunteers in the performance of the responsibilities
provided by this Agreement. The CITY's liability shall be governed by Minn. Stat.
Chapter 466 and other applicable law, rule and regulation, including common law.
9. COUNTY agrees that it will defend, indemnify and hold the CITY, its
elected officials, officers, agents, employees and duly authorized volunteers harmless
from any and all liability (statutory or otherwise) claims, suits, damages, judgments,
interest, costs or expenses (including reasonable attorney's fees, witness fees and
disbursements incurred in the defense thereof) resulting from or caused by the
negligent or intentional acts or omissions of the COUNTY, its officers, agents,
contractors, employees or duly authorized volunteers in the performance of the
responsibilities provided by this Agreement. The COUNTY's liability shall be governed
by Minn. Stat. Chapter 466 and other applicable law, rule and regulation, including
common law.
(4)
10. The COUNTY shall endeavor to perform all services called for herein in an
efficient manner. The sole and exclusive remedy for any breach of this Agreement by
the COUNTY and for COUNTY's liability of any kind whatsoever, including but not
limited to liability arising out of, resulting from or in any manner related to contract, tort,
warranty, statute or otherwise, shall be limited to correcting diligently any deficiency in
said services as is reasonably possible under the pertinent circumstances.
11. Neither party hereto shall be deemed to be in default of any provision of
this Agreement, or for delay or failure in performance, resulting from causes beyond the
reasonable control of such party, which causes shall include, but are not limited to, acts
of God, labor disputes, acts of civil or military authority, fire, civil disturbance, changes in
laws, ordinances or regulations which materially affect the provisions hereof, or any
other causes beyond the parties' reasonable control.
12. This Agreement shall commence on August 1, 2016, and shall terminate
on July 31, 2020. Either party may initiate an extension of this Agreement for a term of
four (4) years by giving the other written notice of its intent to so extend prior to March 1,
2020. If the party who receives said notice of intent to extend gives written notice to the
other party of its desire not to extend prior to, April 15, 2020 this Agreement shall
terminate on July 31, 2020.
Nothing herein shall preclude the parties, prior to the end of this Agreement, from
agreeing to extend this contract for a term of four (4) years. Any extended term hereof shall be
on the same terms and conditions set forth herein and shall commence on August 1, 2020.
Either party may terminate this Agreement for "just cause" as determined by the Commissioner
of Revenue after hearing for such a determination is held by the Commissioner of Revenue
and which has been attended by representatives of COUNTY and CITY or which said
(5)
representatives had a reasonable opportunity to attend, provided that after such determination,
any party desiring to cancel this Agreement may do so by giving the other party no less
than 120 days' written notice. If the CITY should cancel this Agreement, as above provided,
before the completion of the then current property assessment by the COUNTY, the CITY
agrees to defend and hold the COUNTY, its officials, officers, agents, employees and duly
authorized volunteers harmless from any liability that might ensue as a result of the non -
completion of a property tax assessment.
For the purpose of this Agreement, the term "just cause" shall mean the failure of
any party hereto reasonably to perform a material responsibility arising hereunder.
13.A. In consideration of said assessment services, the CITY agrees to pay the
COUNTY the sum of Two Hundred Ninety Thousand Dollars ($290,000) for each
assessment, provided that any payment for the current year's assessment may be
increased or decreased by that amount which exceeds or is less than the COUNTY's
estimated cost of printing/mailing value notices, Chapter 278 tax court petitions,
appraising new construction and new parcels for the current year's assessment. The
amount of any increase or decrease shall be specified in the billing for the current year's
assessment.
13.B. Regarding each assessment, in addition to being subject to adjustment in
the above manner, said assessment cost of $290,000 may also be increased by the
16161JIM11M
(1) The COUNTY determines that any cost to the COUNTY in carrying
out any aspect of this Agreement has increased, including but not
limited to the following types of costs: new construction and new
parcel appraisals, mileage, printing/mailing value notices,
postage, supplies, labor (including fringe benefits) and other
types of costs, whether similar or dissimilar; and/or
(6)
2) The COUNTY reasonably determines that other costs should be
included in the costs of assessment work.
If the COUNTY desires to increase the assessment cost pursuant to this paragraph
13(B), it shall give written notice thereof by June 15 of any year and such increase shall
apply to the assessment for the calendar year next following the current calendar year. Any
such notification shall specifically set forth the amount of any new construction and new
parcel appraisal charges. Notwithstanding any provisions herein to the contrary, if any such
increase, exclusive of any charge for the estimated costs of new construction and new parcel
appraisals, exceeds seven and one half percent (7.5%) of the amount charged for the
assessment for the then current calendar year, exclusive of any charge for the estimated
costs of new construction and new parcel appraisals, the CITY may cancel this Agreement
by giving to the COUNTY written notice thereof, provided that said cancellation notice must
be received by the COUNTY not later than July 24 of the then current calendar year and said
cancellation shall be effective no earlier than five (5) days after the receipt of said notice by
the COUNTY and not later than July 31 of said next calendar year. Supportive records of the
cost increase will be open to inspection by the CITY at such times as are mutually agreed
upon by the COUNTY and CITY.
Failure of the COUNTY to give the CITY a price -change notice by June 15 shall
not preclude the COUNTY from giving CITY such notice after said date but prior to
September 1 of any year, provided that if such price increase exceeds said ten (10%) -
all as above set forth - the CITY may cancel this Agreement if the COUNTY receives
notice thereof not later than thirty-nine (39) days from the date of receipt by the CITY of
any said late price -change notice, provided further that any such cancellation shall be
effective not earlier than five (5) days after COUNTY's receipt of said cancellation notice
and not later than forty-six (46) days after the CITY's receipt of any said price -increase
(7)
notice.
Payment for each assessment shall be made in the following manner:
Approximately one-half (1/2) of the cost of an assessment (the amount payable
being set forth in a bill sent by the COUNTY to the CITY) shall be paid by the CITY no
later than the fifteenth (15th) day of the December which precedes the pertinent
assessment year; and the remaining portion of said cost (the amount payable being set
forth in a bill sent by the COUNTY to the CITY) shall be paid by the CITY no later than
July 15 of the pertinent year.
The COUNTY may bill the CITY after the aforesaid dates and in each such case,
the CITY shall pay such bill within thirty (30) days after receipt thereof.
14. Any notice or demand, which may or must be given or made by a party
hereto, under the terms of this Agreement or any statute or ordinance, shall be in writing
and shall be sent registered or certified mail to the other party addressed as follows:
TO CITY: Mayor, City of Richfield
6700 Portland Ave So
Richfield, MN 55423
TO COUNTY: Hennepin County Administrator
2300A Government Center
Minneapolis, MN 55487
copies to: County Assessor
Hennepin County
2103A Government Center
Minneapolis, MN 55487
copies to: Assistant County Assessor
Hennepin County
2103A Government Center
Minneapolis, MN 55487
(8)
Any party may designate a different addressee or address at any time by giving
written notice thereof as above provided. Any notice, if mailed, properly addressed,
postage prepaid, registered or certified mail, shall be deemed dispatched on the
registered date or that stamped on the certified mail receipt and shall be deemed
received within the second business day thereafter or when it is actually received,
whichever is sooner. Any notice delivered by hand shall be deemed received upon
actual delivery.
15. It is expressly understood that the obligations of the CITY under
Paragraphs 7, 8, 12, and 13 hereof and the obligations of the CITY which, by their sense
and context, are intended to survive the performance thereof by the CITY, shall so survive
the completion of performance, termination or cancellation of this Agreement.
THIS PORTION OF PAGE INTENTIONALLY LEFT BLANK
(9)
IN WITNESS WHEREOF, the parties have caused this Agreement to be
executed by its duly authorized officers and delivered on its behalf, this day of
2016.
Reviewed by County
Attorney's Office:
Date:
City organized under:
COUNTY OF HENNEPIN
STATE OF MINNESOTA
By:
Chair of the County Board
And:
Assistant/Deputy/County Administrator
ATTEST:
Deputy/Clerk of the County Board
CITY OF RICHFIELD
By:
Its
And:
Its
Statutory Option A Option B Charter
(10)
Contract No. A165539
EXHIBIT A
CITY OF RICHFIELD
During the contract term, the County shall:
1. Physically inspect and revalue 20% of the real property, as required by
law.
2. Physically inspect and value all new construction, additions and
renovation.
3. Adjust estimated market values on those properties not physically
inspected as deemed necessary per sales ratio analysis.
4. Prepare the initial assessment roll.
5. Print and mail valuation notices.
6. Respond to taxpayers regarding assessment or appraisal problems or
inquiries.
7. Conduct valuation reviews prior to Board of Review or Open Book
Meetings, as determined by the City — approximate dates: March through
May 15.
8. Attend Board of Review or conduct Open Book Meeting. Prepare all
necessary review appraisals. Approximate dates: April 1 — May 31.
9. Maintain an updated property file — current values, classification data and
characteristic data.
10. Prepare divisions and combinations as required.
11. Administer the abatement process pursuant to Minn. Stat. §375.192.
12. Prepare appraisals; defend and/or negotiate all Tax Court cases.
13. Provide all computer hardware and software applications necessary to
complete contracted services.
REPORT PREPARED BY:
AGENDA SEC -10N: CONSENT CALENDAR
AGENDA ITEM # 7.1.
STAFF REPORT NO. 101
CITY COUNCIL MEETING
6/28/2016
Jared Voto, Administrative Aide/Analyst
DEPARTMENT DIRECTOR REVIEW: Kristin Asher, Public Works Director
6/22/2016
OTHER DEPARTMENT REVIEW
CITY MANAGER REVIEW:
Chris Regis, Finance Manager
STEVEN L. DEVICH
6/22/2016
ITEM FOR COUNCIL CONSIDERATION:
Consideration of the approval of a resolution updating procedures for deferment of special
assessments against owner -occupied homestead properties in hardship cases for qualifying
homeowners.
EXECUTIVE SUMMARY:
The Council approved a resolution establishing procedures to defer special assessments against eligible
owner -occupied properties in cases of hardship in October of 2004. Eligible properties were those owned by
a person 65 years of age or older or retired by virtue of a permanent and total disability, for whom it would be
a hardship to make the payments.
Since Council's approval, the Legislature has updated the Statute to include deferment eligibility for a
homestead property owned by a person who is a member of the Minnesota National Guard or other military
reserves who is ordered into active military service, for whom it would be a hardship to make the
payments. This resolution updates the policy by adding this eligibility in accordance with Minnesota Statutes.
RECOMMENDED ACTION:
By Motion: Approve a resolution updating procedures for deferment of special assessments against
owner -occupied homestead properties in hardship cases for qualifying homeowners.
BASIS OF RECOMMENDATION:
A. HISTORICAL CONTEXT
City Council approved Resolution No. 9531, a resolution establishing procedures for deferment of
special assessments against owner -occupied homestead properties in hardship cases for
qualifying owners, on October 26, 2004.
The Legislature amended Minnesota Statutes Section 435.193 in 2008 to make a member of the
Minnesota National Guard or other military reserves who is ordered into active military service
eligible for assessment deferral.
B. POLICIES (resolutions, ordinances, regulations, statutes, etch
• Resolution No. 9531, establishing procedures for deferment of special assessments against
owner -occupied homestead properties in hardship cases for qualifying owner, was approved by
City Council on October 26, 2004.
• Minnesota Statutes Section 435.193, hardship assessment deferral for seniors, disabled, or
military persons, was amended by the Legislature in 2008.
C. CRITICAL TIMING ISSUES:
None
D. FINANCIAL IMPACT:
None
E. LEGAL CONSIDERATION:
The City Attorney reviewed the updated policy and is available for questions.
ALTERNATIVE RECOMMENDATION(Sl:
None
PRINCIPAL PARTIES EXPECTED AT MEETING:
None
ATTACHMENTS:
Description
D Resolution
Type
Resolution Letter
D ExhibitA Backup Material
RESOLUTION NO.
RESOLUTION UPDATING PROCEDURES FOR DEFERMENT OF
SPECIAL ASSESSMENTS AGAINST OWNER -OCCUPIED HOMESTEAD
PROPERTIES IN HARDSHIP CASES FOR QUALIFYING OWNERS
WHEREAS, under Minnesota law, cities are authorized to defer the payment of
special assessments for any homestead property:
(1) owned by a person 65 years of age or older or retired by virtue of a permanent
and total disability for whom it would be a hardship to make the assessment
payments; or
(2) owned by a person who is a member of the Minnesota National Guard or other
military reserves who is ordered into active military service, as defined by
Minnesota Statute 190.05, subdivision 5b or 5c, as stated in the person's
military orders, for whom it would be a hardship to make the payments; and
WHEREAS, Minnesota Statute 435.193 requires that any City desiring to defer
special assessments in such instances much establish, by ordinance or resolution,
standards and guidelines for determining the existence of a hardship and for
determining the existence of a disability.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Richfield, Minnesota as follows:
1. The City of Richfield hereby adopts a policy, as set forth in the attached
Exhibit A to this resolution, to consider requests for the deferment of
special assessments upon homestead properties:
a. owned by a person 65 years of age or older or retired by virtue of a
permanent and total disability for whom it would be a hardship to
make the assessment payments; or
b. owned by a person who is a member of the Minnesota National
Guard or other military reserves who is ordered into active military
service, as defined by Minnesota Statute 190.05, subdivision 5b or
5c, as stated in the person's military orders, for whom it would be a
hardship to make the payments.
2. The policy previously adopted by Resolution No. 9531 is hereby rescinded
and superseded by the policy as set forth in the attached Exhibit A.
Adopted by the City Council of the City of Richfield, Minnesota this 28th day of
June, 2016.
Debbie Goettel, Mayor
ATTEST:
Elizabeth VanHoose, City Clerk
Exhibit A
POLICY FOR DEFERMENT OF ASSESSMENTS
BASED ON HARDSHIP FOR QUALIFYING PERSONS
The City of Richfield hereby establishes a program to defer all or a portion of the
special assessments of qualifying persons under the provisions of Minnesota Statutes
435.193 through 435.195. Under the program, the City Council may defer the payment
of all or a portion of certified special assessments by property owners who are at least
65 years of age or older or who are retired due to permanent and total disability or who
are a member of the Minnesota National Guard or other military reserves who is
ordered into active military service and whose households meet certain financial
characteristics.
A. Eligibility
1. The property upon which the assessment is deferred must be classified as
homestead in the records of the Hennepin County Property Tax Division.
2. The property must be owned by a person:
a. Who is at least 65 years of age on January 1st of the year in which
payment of the first installment of the subject assessment levy is
due; or
b. Who is retired due to permanent and total disability. For purposes
of this policy, "permanent and total disability" means a condition
that is permanent by nature and that totally incapacitates the
person from working at an occupation that would generate income
to the person; or
C. Who is a member of the Minnesota National Guard or other military
reserves who is ordered into active military service, as defined by
Minnesota Statutes 190.05, subdivision 5b or 5c, as amended, as
stated in the person's military orders.
3. The applicant must have a "financial hardship" defined as:
a. An annual income for the applicant's household size which is at or
below the "Very Low Income" limit established annually by HUD for
the Minneapolis and St. Paul Metropolitan Area; and
b. The aggregate total of special assessment installments from
previously -existing special assessment levies plus the first year of
the current levy will exceed 1.5 percent of the applicant's annual
income.
B. Calculation of Amount to be Deferred
1. The portion of the current levy eligible for deferment is that portion of the
levy against the applicant's property which requires a first year installment
payment which, when added to the applicant's annual payments from
previously existing special assessment levies, would result in an
aggregate total of special assessment installments totaling more than 1.5
percent of the applicant's annual household income. The portion of the
current levy which can be paid without aggregating total installments
above 1.5 percent of the applicant's annual household income may not be
deferred.
2. Special assessments levied due to the applicant's failure -to -pay charges
for City services or failure to comply to City codes (e.g., delinquent utility
assessments, assessments- for weed removals, assessments for
nuisance abatement, etc.) will not be deferred, and installment payments
for existing levies for such services will not be included in calculating the
maximum 1.5 percent aggregate payment defined in paragraph B.1.
above.
C. Interest
Simple interest at the rate of that particular assessment levy will be added to the
deferred assessment, calculated from the date interest started to accrue on the
original levy (usually the October 1 immediately following the certification date) to
the date of payment of the deferred portion of the assessment.
D. Termination
The option to defer the payment of special assessments will terminate and all
amounts accumulated plus applicable interest shall become due upon the
occurrence of any of the following events:
1. The death of the owner, provided that the spouse is otherwise not eligible
for the benefits;
2. The sale, transfer, or subdivision of the property or any part thereof;
3. If the property should for any reason lose its homestead status; or
4. The City Council determines that a hardship no longer exists.
E. Application and Approval Process
1. Application for deferral of payment of special assessments must be made
on forms prescribed by the Hennepin County Auditor. The applicant must
also provide such supplementary documentation as may be required to
establish the following:
a. The legal description and tax parcel number of the property;
b. The street address of the property;
C. The status of the homestead classification for the property;
d. The description or designation of the local improvement for which
assessments are to be or have been levied;
e. The name of the homestead owner -occupant;
f. The age or disability status of the applicant;
g. The applicant's annual household income; and
h. The applicant's military orders.
2. Within 30 days after the application is filed with the City Manager, the City
Manager should review the application for conformance to the standards
and guidelines prescribed above and either grant or deny the application.
The City Manager must notify the applicant in writing of the City Manager's
decision. If in the judgment of the City Manager exceptional or unusual
circumstances exist that are not covered by the standards and guidelines,
the City Manager may report to the City Council within 30 days after the
application is made, along with a recommendation as to whether the
application should be granted or denied.
3. If the City Manager denies an application, the applicant has the right to
have the City Council consider the application. The applicant must request
City Council review within 20 days after the mailing date of the City
Manager's notice of decision.
4. When the City Council considers an application, the Council will grant or
deny the application by resolution, based on the standards and guidelines
set forth above. The City Council also may grant a deferment if it
determines that a hardship exists on the basis of exceptional and unusual
circumstances not covered by the standards and guidelines set forth
above, provided that the determination is made in a nondiscriminatory
manner and does not give the applicant an unreasonable preference or
advantage over other applicants. The City Council's decision to grant or
deny an application is final.
5. At any time while a special assessment remains deferred and unpaid, the
City Manager may request the applicant to provide current and updated
information as set forth at paragraph E.1. above, so that the City Manager
may verify and determine whether eligibility for the deferral has ended.
This policy is adopted by Resolution No. , approved by the Richfield City Council
on June 28, 2016.
AGENDA SECTION: PROPOSED
ORDINANCES
AGENDA ITEM # 9.
STAFF REPORT NO. 102
CITY COUNCIL MEETING
6/28/2016
REPORT PREPARED BY: Betsy Osborn, Support Services Manager
DEPARTMENT DIRECTOR REVIEW: Jay Henthorne, Public Safety Director
6/15/2016
OTHER DEPARTMENT REVIEW: N/A
CITY MANAGER REVIEW: STEVEN L. DEVICH
6/22/2016
ITEM FOR COUNCIL CONSIDERATION:
Consideration of the second reading of an ordinance allowing up to two licensed gambling
organizations to conduct gambling at On Sale Liquor or Club establishments.
EXECUTIVE SUMMARY:
Subsection 1100.13 subd. 11 (b) of the City Code currently states On Sale Liquor or Club establishments shall
be limited to one licensed gambling organization and one lease at any one time in the licensed premises and
any rooms adjoining the premises under the same management.
The City has received requests from the American Legion Au)aliary to conduct raffles at the Minneapolis -
Richfield American Legion. A licensed gambling organization already conducts gambling at the American
Legion, so the Au)aliary would not be permitted under current code to conduct the raffles. Adoption of the
proposed Ordinance would allow the Au)aliary to obtain a premises permit and conduct the raffles at the
American Legion. It would also allow greater fle)ability for other On Sale Liquor or Club establishments
wishing to allow up to two licensed gambling organizations on their premises.
The first reading of this ordinance amendment was heard by the City Council on June 14, 2016. There was
no discussion concerning the ordinance change and it was approved.
RECOMMENDED ACTION:
By Motion: Approve the second reading of an amendment to the Lawful Gambling ordinance allowing
up to two licensed gambling organizations to conduct gambling at On Sale Liquor or Club
establishments.
BASIS OF RECOMMENDATION:
A. HISTORICAL CONTEXT
The City has historically allowed one premises permit at any one time on any one On Sale Liquor or Club
establishment.
B. POLICIES (resolutions, ordinances, regulations, statutes, etcy
• The City Code currently allows one licensed gambling organization at any one time in an On Sale
Liquor or Club establishment.
The Minnesota Gambling Control Board does not limit the number of licensed gambling
organizations at any one time in an On Sale Liquor or Club establishment.
Adopting the amended ordinance allowing a second premises permit at any one time for an On
Sale Liquor or Club establishment and allowing a second licensed gambling organization to hold a
lease with the same On Sale Liquor or Club establishment provides greater flexibility for
establishments holding On Sale Liquor and Club licenses.
C. CRITICAL TIMING ISSUES:
There are no critical timing issues.
D. FINANCIAL IMPACT:
There is no financial impact.
E. LEGAL CONSIDERATION:
The City Attorney drafted the ordinance and will be available for questions.
ALTERNATIVE RECOMMENDATION(B)LI
The Council could leave the City Code as is, which means that those On Sale Liquor and Club establishments
would not be able to allow a second premises permit to be held by a licensed gambling organization in their
establishment at any one time.
PRINCIPAL PARTIES EXPECTED AT MEETING:
There are no parties expected at this meeting.
ATTACHMENTS:
Description Type
❑ Lawful Gambling Ordinance Amendment Ordinance
BILL NO.
AN ORDINANCE AMENDING SUBSECTION 1100.13 OF THE RICHFIELD CODE OF
ORDINANCES RELATING TO LAWFUL GAMBLING
THE CITY OF RICHFIELD DOES ORDAIN:
Section 1. Subsection l 100. 13, subdivision 1 1(b) of the Richfield City Code is amended
as follows:
Subd. 11. Lawful gambling at on -sale establishments. Lawful gambling at on -sale or
club license establishments shall be conducted in compliance with the following regulations:
(b) On -sale establishments shall be limited to one (1) two 2 licensed gambling
organizations at any one (1) time in the licensed premises and any rooms adjoining the premises
under the same management. No ase shail "hailbe made with eiie (1) efganization whileTanothef
lease ; iii off et f the sa+ne on ale esta .lisp m efA
Sec. 2. This Ordinance will be effective in accordance with Section 3.09 of the City
Charter.
Adopted this of , 2016.
By:
Debbie Goettel, Mayor
ATTEST:
Elizabeth VanHoose, City Clerk
AGENDA SECTION: PROPOSED
ORDINANCES
AGENDA ITEM # 10.
STAFF REPORT NO. 103
CITY COUNCIL MEETING
6/28/2016
REPORT PREPARED BY: Jared Voto, Administrative Aide/Analyst
DEPARTMENT DIRECTOR REVIEW: Kristin Asher, Public Works Director
6/21/2016
OTHER DEPARTMENT REVIEW: N/A
CITY MANAGER REVIEW: STEVEN L. DEVICH
6/22/2016
ITEM FOR COUNCIL CONSIDERATION:
Consideration of the second reading of an ordinance repealing Section 910 of Richfield City Code
pertaining to shade tree pest control and replacing it with a new Section 910 and a resolution
authorizing summary publication.
EXECUTIVE SUMMARY:
City Code references Minnesota Statutes that are periodically updated by the Legislature. From time -to -time
housekeeping updates are needed to City Code to ensure references to Statutes are correct. Section 910
includes references to Statutes that have been repealed and requires a housekeeping update to reference
current Statutes.
In addition, with Emerald Ash Borer (EAB) found on private property in the city in March 2016, staff has
included EAB as a public nuisance, similar to Oak Wilt and Dutch Elm Disease, allowing the use of special
assessments for tree removals, if desired by the property owner.
RECOMMENDED ACTION:
By Motion:
• Approve the second reading of an ordinance repealing Section 910 of Richfield City Code
pertaining to shade tree pest control and replacing it with a new Section 910.
• Approve the resolution approving summary publication of an ordinance repealing Section 910 of
Richfield City Code pertaining to shade tree pest control and replacing it with a new Section 910.
BASIS OF RECOMMENDATION:
A. HISTORICAL CONTEXT
City Council approved first reading of the ordinance on June 14, 2016.
B. POLICIES (resolutions, ordinances, regulations, statutes, etcy
• Section 910 of Richfield City Code pertains to shade tree disease/pest control.
• Chapter 89 of 2015 Minnesota Statutes pertains to state forests, tree planting, and forest roads,
including control of shade tree pests.
• The City Charter requires a first and second reading of ordinances.
C. CRITICAL TIMING ISSUES:
None
D. FINANCIAL IMPACT:
None
E. LEGAL CONSIDERATION:
The City Attorney reviewed the proposed ordinance and is available to answer questions.
ALTERNATIVE RECOMMENDATION(Sl:
None
PRINCIPAL PARTIES EXPECTED AT MEETING:
None
ATTACHMENTS:
Description
® Ordinance
Type
Ordinance
D Resolution Resolution Letter
BILL NO. 2016 -
AN ORDINANCE REPEALING SECTION 910 OF RICHFIELD CITY
CODE PERTAINING TO SHADE TREE PEST CONTROL AND
REPLACING IT WITH A NEW SECTION 910
THE CITY OF RICHFIELD DOES ORDAIN:
SECTION 1. Section 910 of the Richfield City Code is hereby deleted in its entirety and
replaced as follows:
SECTION 910. - SHADE TREE PEST CONTROL.
910.01. - Declaration of policy.
The Council has determined that the health of the trees in the city is threatened
by shade tree pests, and the loss or ill health of trees growing upon public and private
property substantially depreciates the value of property within the city and impairs the
safety, good order, general welfare and convenience of the public. In addition to and in
accordance with Minn. Stat. §§ 89.001, 89.01, and 89.51-.64, the provisions of this
section are adopted as an effort to control and prevent the spread of these shade tree
pests.
910.03. - Jurisdiction.
Except as otherwise provided by a permit issued pursuant to Section 810 or
Section 811 of this Code, the city shall have control of all street trees, shrubs, and other
plantings now or hereafter in any street, park, public right-of-way or easement, or other
public place within the city limits, and shall have the power to plant, care for, maintain,
remove, and replace such trees, shrubs, and other plantings.
910.05. - Declaration of a shade tree pest.
The Council may by ordinance declare any vertebrate or invertebrate animal,
plant pathogen, or plant in the community threatening to cause significant damage to a
shade tree or community forest, as defined by Minn. Stat. § 89.001, to be a shade tree
pest and prescribe control measures to effectively eradicate, control, or manage the
shade tree pest, including necessary timelines for action.
910.07. - Public nuisances defined.
A shade tree pest, as defined by subsection 910.25, occurring within a defined
control zone is a public nuisance.
910.09. - Shade tree pest nuisances are unlawful.
It is unlawful for any person to permit any public nuisance as defined in this
section to remain on any premises the person owns or controls within the city. The
nuisance may be abated as provided in this section.
910.11. - Tree Inspector.
The Council may appoint a tree inspector to coordinate the activities of the city
relating to the control and prevention of damage by shade tree pests. The tree inspector
will recommend to the Council the detail of any program for the declaration, control, and
prevention of shade tree pests. The tree inspector is authorized to enforce or cause to
be enforced the tasks incident to such a program adopted by the Council. The term
"tree inspector" includes any person designated by Council or the tree inspector to carry
out activities authorized in this section.
910.13. - Abatement of shade tree pest nuisances.
In abating a nuisance, defined under subsection 910.07, the organism,
condition, plant, tree, wood, or material identified as injurious to the health of shade
trees shall be removed or effectively treated so as to destroy and prevent as fully as
possible the spread of the shade tree pest. Such abatement procedures shall be carried
out in accordance with the control measures and areas prescribed by section 910.25.
910.15. - Reporting discovery of shade tree pest.
Any owner or occupier of land or any person engaged in tree trimming or removal
who becomes aware of the existence of a public nuisance caused by a shade tree pest
as defined under subsection 910.07 shall report the same to the Public Works
Department.
910.17. - Inspection and application of control measures.
Subdivision 1. The tree inspector is authorized to inspect premises and places within
the city to determine whether shade tree pests exist thereon and to investigate all
reported incidents of shade tree pests. The tree inspector is authorized to take all
reasonable measures to prevent the maintenance of public nuisances and may enforce
the provisions relating to abatement in this section. Diagnosis of shade tree pests may
be by the presence of commonly recognized symptoms; by tests as may be
recommended by the commissioner of the Minnesota Department of Agriculture or the
commissioner of the Minnesota Department of Natural Resources; or other reliable
means.
Subd. 2. Except in situations of imminent danger to human life and safety, the tree
inspector shall not enter private property for the purpose of inspecting or preventing
maintenance of public nuisances without the permission of the owner, resident, or other
person in control of the property, unless the tree inspector has obtained a warrant or
order from a court of competent jurisdiction authorizing the entry.
Subd. 3. No person, firm, or corporation shall interfere with the tree inspector or with
anyone acting under the tree inspector's authority while engaged in activities authorized
by this section.
910.19. - Standard abatement procedure.
Except as provided in subsection 910.21, whenever a tree inspector determines
with reasonable certainty that a public nuisance, as described by this ordinance, is
being maintained or exists on premises in the city, the tree inspector is authorized to
abate a public nuisance according to the procedures in this subsection.
Subdivision 1. The tree inspector will notify in writing the owner of record of the
premises that a public nuisance exists and order that the nuisance be terminated or
abated. The notice may be given in person or by mail. Failure of any party to receive the
mail does not invalidate the service of the notice. The tree inspector shall keep a copy
of the notice.
Subd. 2. The notice of abatement shall state that unless the public nuisance is abated
by the owner, it will be abated by the city at the expense of the owner. The notice shall
specify the control measures to be taken to abate the nuisance, and provide a
reasonable amount of time to abate the nuisance. The notice will also state that the
owner has the right to appeal the determination that a public nuisance exists by
submitting a request in writing to the tree inspector within seven (7) days after service of
the notice, or before the date by which abatement must be completed, whichever comes
first.
Subd. 3. If no timely appeal is submitted, and the control measures prescribed in the
notice of abatement are not complied with within the time provided by the notice or any
additional time granted, the tree inspector or designated person shall have the authority
to obtain permission or an administrative search warrant, enter the property, and carry
out abatement in accordance with the notice of abatement.
910.21. - Abatement procedure in event of imminent danger.
Subdivision 1. If the tree inspector determines that the danger of infestation to other
shade trees is imminent, and delay in control measures may put public health, safety, or
welfare in immediate danger, the tree inspector may provide for abatement without
following subsections 910.19. The tree inspector must reasonably attempt to notify the
owner of the affected property of the intended action.
Subd. 2. Nothing in this section shall prevent the city, without notice or other process,
from immediately abating any condition that poses an imminent and serious hazard to
human life or safety.
910.23. - Recovery of cost of abatement; liability and assessment.
Subdivision 1. The owner of premises on which a nuisance has been abated by the city
shall be personally liable for the cost to the city of the abatement, including
administrative costs.
Subd. 2. After notice and hearing, as provided in Minn. Stat. § 429.061 (which may be
amended from time to time), the city clerk shall, on or before September 1 next following
abatement of the nuisance, list the total unpaid charges against each separate lot or
parcel to which the charges are attributable. The Council may then certify the charges
against the property to the county auditor for collection along with current taxes the
following year or in annual installments as the Council may determine in each case.
910.25. — Declared shade tree pests, control measures, and control areas.
Subdivision 1. Oak wilt.
(a) Oak wilt disease is a shade tree pest and is defined as any living or dead tree, log,
firewood, limb, branch, stump, or other portion of a tree from any species of the genus
Quercus existing within the control area defined that has bark attached and that
exceeds three (3) inches in diameter or ten (10) inches in circumference and contains to
any degree any spore or reproductive structures of the fungus Ceratocystis fagacearum.
(b) The control measures taken to abate oak wilt disease shall be in accordance with
current technical and expert opinions and plans as designed by the state of Minnesota
commissioner of agriculture or commissioner of natural resources.
(c) The control area for oak wilt disease is defined as all lands within the boundaries of
the city.
Subd. 2. Dutch elm disease.
(a) Dutch elm disease is a shade tree pest and is defined as a disease of elm trees
caused by the fungus Ophiostoma ulmi or Ophiostoma novo-ulmi, and includes any
living or dead tree, log, firewood, limb, branch, stump, or other portion of a tree from any
species of the genus Ulmus existing within the control area defined that has bark
attached and that exceeds three (3) inches in diameter or ten (10) inches in
circumference and could contain bark beetles or any spore or reproductive structures of
the fungus Ophiostoma ulmi or Ophiostoma novo-ulmi.
(b) The control measures taken to abate Dutch elm disease shall be in accordance with
current technical and expert opinions and plans as designed by the state of Minnesota
commissioner of agriculture or commissioner of natural resources.
(c) The control area for Dutch elm disease is defined as all lands within the boundaries
of the city.
Subd. 3. Emerald ash borer.
(a) Emerald ash borer is a shade tree pest and is defined as an insect that attacks and
kills ash trees. The adults are small, iridescent green beetles that live outside of trees
during the summer months. The larvae are grub- or worm -like and live underneath the
bark of ash trees.
(b) The control measures taken to abate emerald ash borer shall be in accordance with
current technical and expert opinions and plans as designed by the state of Minnesota
commissioner of agriculture or commissioner of natural resources.
(c) The control area for emerald ash borer is defined as all lands within the boundaries
of the city.
SECTION 2. This Ordinance will be effective in accordance with Section 3.09 of the
City Charter.
Passed by the City Council of the City of Richfield, Minnesota this 28th day of June,
2016.
Debbie Goettel, Mayor
ATTEST:
Elizabeth VanHoose, City Clerk
RESOLUTION NO.
RESOLUTION APPROVING SUMMARY PUBLICATION OF AN
ORDINANCE REPEALING SECTION 910 OF RICHFIELD CITY CODE
PERTAINING TO SHADE TREE PEST CONTROL AND REPLACING IT
WITH A NEW SECTION 910
WHEREAS, the City has adopted the above referenced ordinance amending the
Richfield City Code; and
WHEREAS, the verbatim text of the ordinance 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:
SUMMARY PUBLICATION
BILL NO. 2016 -
AN ORDINANCE REPEALING SECTION 910 OF RICHFIELD CITY
CODE PERTAINING TO SHADE TREE PEST CONTROL AND
REPLACING IT WITH A NEW SECTION 910
This summary of the ordinance is published pursuant to Section 3.12 of the
Richfield City Charter.
This ordinance updates shade tree pest control measures and abatement and
assessment procedures, including updating references to Minnesota Statutes related to
the control of shade tree pests and establishing Emerald Ash Borer as a public nuisance in
the city, similar to Oak Wilt and Dutch Elm Disease, and allowing the use of special
assessments for tree removals, if desired by the property owner.
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 Public Works Department at
(612) 861-9170.
Adopted by the City Council of the City of Richfield, Minnesota, this 28th day of
June, 2016.
Debbie Goettel, Mayor
ATTEST:
Elizabeth VanHoose, City Clerk
AGENDA SECTION: RESOLUTIONS
AGENDA ITEM # 11.
STAFF REPORT NO. 104
CITY COUNCIL MEETING
6/28/2016
REPORT PREPARED BY: Melissa Poehlman, City Planner
DEPARTMENT DIRECTOR REVIEW: Karen Barton, Community Development Assistant Director
6/20/2016
OTHER DEPARTMENT REVIEW: N/A
CITY MANAGER REVIEW: STEVEN L. DEVICH
6/22/2016
ITEM FOR COUNCIL CONSIDERATION:
Consideration of a resolution regarding land use approvals to allow construction of shoreline
improvements and quasi -public amenities along the east side of Richfield Lake.
EXECUTIVE SUMMARY:
In 2013 The Cornerstone Group received approvals related to the redevelopment of the former Lyndale
Garden Center property. Those plans included a 151 -unit apartment building, approximately 10,000 square
feet of retail/restaurant space, and outdoor activity areas along Richfield Lake. Those plans also
encompassed the land that is now home to Lakewinds Food Cooperative and the vacant lot to the south of
Lakewinds parking lot. Land use approvals typically expire after one year unless extensions are requested
and granted by the Council. Despite extensions, sufficient financing for the development of the northern half
of the site was not secured and all land use approvals related to the project expired in December of 2015.
The Cornerstone Group (applicant) continues to work toward redevelopment of the site that will be
substantially similar to what was approved in 2013. In order to take advantage of grant funds that will expire in
June of 2017, the applicant is requesting approval of just the shoreline improvements along the eastern edge
of Richfield Lake. These improvements include a performance stage, bike and pedestrian connections to the
existing path around Richfield Lake, and community garden space. The applicant has indicated that a
proposal for the remainder of the site is anticipated in the near future.
Construction of shoreline improvements is anticipated to begin in October of this year, following necessary
environmental work. The applicant indicates that construction will take approximately 4-6 months and that the
performance stage would be available for use by summer of 2017. The applicant has indicated that the
performance area would likely be programmed for smaller, rather than community -wide, events. Due to the
uncertainty of what will be happening on the site at that time, a stipulation requiring staff approval of a parking
plan prior to the events has been included in the attached resolution. The Developer is aware of and in
agreement with this requirement. It is anticipated that after some time, a typical parking plan will be developed
and accepted so that approval prior to every event is no longer necessary.
RECOMMENDED ACTION:
By Motion: Approve the resolution granting approval of a Final Development Plan and Conditional Use
Permit for a Planned Unit Development along the eastern shoreline of Richfield Lake.
BASIS OF RECOMMENDATION:
A. HISTORICAL CONTEXT
Discussed in the Executive Summary.
B. POLICIES (resolutions, ordinances, regulations, statutes, etch
There are a number of different review criteria that apply to this proposal. A full discussion of all
requirements has been included as an attachment to this report.
Planned Unit Development
The property in question is zoned for a Mixed Use Planned Unit Development (PUD); however, the
individual parcel is not large enough to qualify as a PUD on its own. The minimum land area necessary
for a PUD is one acre. That said, this parcel will not function alone and the intent of the ordinance - to
encourage the efficient use of land and resources and to encourage innovation in planning and building -
is met when the development is considered as a whole. It is the opinion of staff that these improvements
meet the criteria necessary to approve a Planned Unit Development.
Conditional Use Permit
There are eight specific criteria related to the issuance of a Conditional Use Permit (CUP). These
criteria primarily address whether or not a proposal is consistent with the goals of the City's
Comprehensive Plan and Zoning Code and the general regulations of the District in which the project is
located. The Mixed Use designations of the Comprehensive Plan and Zoning Code accommodate a wide
variety of uses including parks. Community gardens are permitted as an accessory use to existing
institutional uses, such as a park, church, or school, but not to a commercial or housing development.
The PUD zoning offers flexdbility on this matter and a stipulation requiring the property owner to maintain
and manage the gardens in a clean and orderly manner has been included. It is the opinion of staff that
the criteria necessary to issue the Conditional Use Permit are also met.
C. CRITICAL TIMING ISSUES:
60 -DAY RULE: The 60 -day clock 'started' when a complete application was received on June 14, 2016.
A decision is required by August 13, 2016 OR the Council must notify the applicant that it is extending
the deadline (up to a maximum of 60 additional days or 120 days total) for issuing a decision.
D. FINANCIAL IMPACT:
Required application fee(s) have been paid.
E. LEGAL CONSIDERATION:
• A public hearing was held before the Planning Commission on May 23, 2016.
• Notice of the public hearing was published in the Sun Current newspaper and mailed to properties
within 350 feet of the site.
• No members of the public spoke before the Planning Commission.
• One written comment against the project was received and is attached to this report.
• The Planning Commission recommended approval of the request (7-0).
ALTERNATIVE RECOMMENDATION(Sl:
• Approve the resolution with modifications.
• Deny the requests with findings that requirements are not met.
PRINCIPAL PARTIES EXPECTED AT MEETING:
Colleen Carey, President at The Cornerstone Group
ATTACHMENTS:
Description
Type
D Resolution
Resolution Letter
D Requirements
Exhibit
D Proposed Plans
Exhibit
Public Comment(s) Exhibit
Planning & Zoning Maps Exhibit
RESOLUTION NO.
RESOLUTION APPROVING A FINAL DEVELOPMENT PLAN
AND CONDITIONAL USE PERMIT
FOR A PLANNED UNIT DEVELOPMENT
AT APPROXIMATELY 6400 LYNDALE AVENUE
WHEREAS, an application has been filed with the City of Richfield which requests
approval of a final development plan and conditional use permit for a planned unit
development to include shoreline improvements and quasi -public amenities in coordination
with adjacent mixed use development, on land generally located along the eastern shore of
Richfield Lake (the "Property"), legally described as:
Outlot B, Block 1, Lyndale Gardens, Hennepin County, Minnesota
WHEREAS, the Planning Commission of the City of Richfield held a public hearing and
recommended approval of the requested final development plan and conditional use permit at
its May 23, 2016 meeting; and
WHEREAS, notice of the public hearing was published in the Sun -Current and mailed to
properties within 350 feet of the subject property on May 10, 2016; and
WHEREAS, the requested final development plan and conditional use permit meets the
requirements necessary for approving a planned unit development as specified in Richfield's
Zoning Code, Section 542.09, Subd. 3 and as detailed in City Council Staff Report No. ;
and
WHEREAS, the request meets those requirements necessary for approving a
conditional use permit as specified in Richfield's Zoning Code, Section 547.09, Subd. 6 and as
detailed in City Council Staff Report No. ; and
WHEREAS, the City has fully considered the request for approval of a planned unit
development, final development plan and conditional use permit; and
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Richfield,
Minnesota, as follows:
1. The City Council adopts as its Findings of Fact the WHEREAS clauses set forth above.
2. A planned unit development, final development plan and conditional use permit are
approved for shoreline improvements and quasi -public amenities adjacent to a future
mixed use development site as described in City Council Report No. , on the
Subject Property legally described above.
3. The approved planned unit development, final development plan and conditional use
permit are subject to the following conditions:
A recorded copy of the approved resolution must be submitted to the City prior to
the issuance of a building permit.
A parking plan must be submitted to and approved by the Community
Development Director prior to the scheduling of any events at the performance
stage.
• Cross -access and shared parking agreements must be recorded against all
parcels (Lots 1 & 2, Outlots B & C, Block 1, Lyndale Gardens) prior to the
issuance of building permits for the amphitheater.
• Community gardens must be managed and maintained in a clean and orderly
fashion with proper waste disposal.
• Final stormwater management plans must be approved by the Public Works
Director.
• The applicant is responsible for obtaining all required permits, compliance with all
requirements detailed in the City's Administrative Review Committee Report and
compliance with all other City and State regulations.
• Prior to the issuance of an occupancy permit the developer must submit a surety
equal to 125% of the value of any improvements not yet complete.
• The property owner is responsible for maintenance and replacement of all
approved landscaping.
4. The approved planned unit development, final development plan and conditional use
permit shall expire one year from issuance unless the use for which the permit was
granted has commenced, substantial work has been completed, or upon written request
by the developer, the Council extends the expiration date for an additional period of up
to one year, as required by the Zoning Ordinance, Section 547.09, Subd. 9.
5. The approved planned unit development, final development plan and conditional use
permit shall remain in effect for so long as conditions regulating it are observed, and the
conditional use permit shall expire if normal operation of the use has been discontinued
for 12 or more months, as required by the Zoning Ordinance, Section 547.09, Subd. 10.
Adopted by the City Council of the City of Richfield, Minnesota this 28th day of June,
2016.
Debbie Goettel, Mayor
ATTEST:
Elizabeth VanHoose, City Clerk
Required Findings
Part 1: The following findings are necessary for approval of a PUD application
(542.09 Subd. 3):
The proposed development conforms to the goals and objectives of the City's
Comprehensive Plan and any applicable redevelopment plans. The City's
Comprehensive Plan designates these properties as part of a larger mixed
use district encompassing the 66th Street and Lyndale Avenue area. The
intent of the mixed use category is to focus on creating a city center in
Richfield that will serve as a "downtown." The city center is to include a mix
of residential, shopping, recreational and business uses. The proposed
quasi -public areas, connection to the lake, and community gardens offer
additional opportunities for activity and engagement in the City's central
business district.
2. The proposed development is designed in such a manner as to form a
desirable and unified environment within its own boundaries. This
requirement will continue to be monitored as additional pieces of this
redevelopment site come to fruition.
3. The development is in substantial conformance with the purpose and intent of
the guiding district, and departures from the guiding district regulations are
justified by the design of the development. The proposed development is a
piece of a larger development proposal that meets the intent of the Mixed Use
guiding districts. The purpose of these districts is to encourage a mix of uses
that are complimentary to one another and support the ability to live, work,
and play within a compact area.
4. The development will not create an excessive burden on parks, schools,
streets or other public facilities and utilities that serve or area proposed to
serve the development. The City's Public Works, Engineering, and Recreation
Departments have reviewed the proposal and do not anticipate any issues.
5. The development will not have undue adverse impacts on neighboring
properties. No undue adverse impacts are anticipated.
6. The terms and conditions proposed to maintain the integrity of the plan are
sufficient to protect the public interest. This requirement is met; appropriate
stipulations have been incorporated into the final resolution.
Part 2: All uses are conditional uses in the PMR District. The findings
necessary to issue a Conditional Use Permit (CUP) are as follows (Subd. 547.09,
Subd. 6):
1. The proposed use is consistent with the goals, policies, and objectives of
the City's Comprehensive Plan. See above — Part 1, #1.
2. The proposed use is consistent with the purposes of the Zoning Code and
the purposes of the zoning district in which the applicant intends to locate the
proposed use. See above — Part 1, #3
3. The proposed use is consistent with any officially adopted redevelopment
plans or urban design guidelines. N/A
4. The proposed use is or will be in compliance with the performance
standards specified in Section 544 of this code. The proposed development
is in substantial compliance with City performance standards.
5. The proposed use will not have undue adverse impacts on governmental
facilities, utilities, services, or existing or proposed improvements. The City's
Public Works and Engineering Departments have reviewed the proposal and
do not anticipate any adverse impacts.
6. The use will not have undue adverse impacts on the public health, safety,
or welfare. Adequate provisions have been made to protect the public health,
safety and welfare.
7. There is a public need for such use at the proposed location. See above
— Part 1, #1.
8. The proposed use meets or will meet all the specific conditions set by this
code for the granting of such conditional use permit. This requirement is met.
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