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05-24-2017 Complete AgendaS P E C IAL C IT Y C O U N C IL W O R K SESSIO N R IC H F IE L D MU N IC IPAL C EN TER, B AR T H O L O ME W R O O M MAY 24, 2017 5:30 P M C all to order 1.2017 B i cycle Routes 2.C ity Infrastructure Report A djournment Auxiliary aids for individuals with disabilities are available upon request. Requests must be made at least 96 hours in advance to the City Clerk at 612-861-9738. CITY OF RICHFIELD, MINNESOTA Office of City Manager May 18, 2017 Council Memorandum No. 51 The Honorable Mayor and Members of the City Council Subject: May 24, 2017, City Council Work Session Items Council Members: The following items will be discussed at the May 24 City Council W ork Session: 2017 Bicycle Routes This project proposes to implement over five (5) miles of planned bicycle routes in East Richfield through the following routes:  70th Street from Lyndale Avenue to Diagonal Boulevard  12th Avenue Extension from 73rd Street to 62nd Street  Bloomington Avenue Extension from Diagonal Boulevard South to 77th Street  62nd Street / 11th Avenue connection between Taft and Veteran’s Parks The Transportation Commission recommended the implementation of these routes during their May 3, 2017, meeting after reviewing project details and the results of the April 24, 26, and 27, 2017, Public Open Houses (attached). The routes consist of on- street markings and signage with no changes to lane configurations or parking. City Infrastructure Report Staff will review the current state of the City’s utility and transportation infrastructure and discuss options to move forward. Please contact Kristin Asher, Director of Public Works, at 612-861-9795 for further discussion. Respectfully submitted, Steven L. Devich City Manager SLD:jb Email: Assistant City Manager Department Directors Attachments 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 about 2.5 miles of planned bicycle routes along Bloomington and 12th Avenues and 62nd Street (as shown on the project map). The streets in this same area were Milled and Overlaid in 2016. This project would provide safer bicycle connections to:  Richfield Dual Language School  Richfield STEM School  Centennial Elementary  Taft, Veterans, Christian, and Washington Parks These Bicycle Routes will provide connections to the City’s existing bicycle facilities on 76th Street, 73rd Street, and Diagonal Boulevard. This route will also connect to the 70th Street and 66th Street bicycle facilities opening in 2017 Project Elements Features of the project include:  Bicycle Route Pavement Markings and Signs  New Street Name Signs  Share the Road Signage Open House Info  Display Boards  Handout Timeline Construction to begin in 2017 and completed in 2017 Project Financing City Funding Project Map (over) Contact Information Jack Broz Richfield Public Works 1901 66th St East Richfield, MN 55423 Phone: 612.861.9792 Fax: 612.861.9796 JBroz@cityofrichfield.org Project Map 2017 Proposed Construction 2017 BICYCLE ROUTES Meeting Summary Public Open Houses 4/24/2017 at Centennial Elementary; 4/26/2017 at Taft Park and, 4/27/2017 at Stem School 2017 Bicycle Routes Improvement Project Meeting Purpose The goal of the meeting was to let the public know about the upcoming project and project’s f eatures:  Bicycle Route Pavement Markings and Signs  New Street Name Signs with Bicycle Route designation Meeting Notice  Approximately 2000 invitations were mailed to the property owners in the Richfield area near 70th Street  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 30 residents attended and 2 comment cards were filled out. Written comment summary:  2 comments were supportive of the proposed design along with related notes as follows: o Consider using fewer “share the road” signs o Consider striping the bike lane on Bloomington Ave Verbal comment summary:  Comments expressed were split between support for the improvements and lack of support for the improvements. The lack of support comments focused primarily on justification for the improvements rather than design feature critique. Figure 2- Open House at Taft Park Figure 1- Open House at STEM School SPEC IAL JO IN T C IT Y C O U N C IL AN D C IV IL S E RV IC E C O MMIS S IO N W O R K S E S S IO N R IC H F IE L D MU N IC IPAL C EN TER, B AR T H O L O ME W R O O M MAY 24, 2017 6:00 P M C all to order 1.S ummary and review of report from i ndependent consultant regarding P olice promotional processes and staff recommendations going forward. A djournment 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. S P E C IAL C ITY C O U N C IL ME E T IN G R IC H F IE L D MU N IC IPAL C EN TER, C O U N C IL C H AMB E R S MAY 24, 2017 7:00 P M C all to order Open forum (15 mi nutes maximum) E ach speaker is to keep their comment period to three minutes to allow sufficient time for others. C omments are to be an opportunity to address the C ouncil on items not on the agenda. I ndividuals who w ish to address the C ouncil must have registered prior to the meeting. P ledge of A llegiance A pproval of the mi nutes of the: (1) S pecial C ity C ouncil Work S ession of May 9, 2017; and (2) Regular C ity C ouncil Meeting of May 9, 2017. P R E S E N TATIO N S 1.Receipt of the C ity of Richfield C omprehensi ve A nnual F inancial Report (C A F R) for the fiscal year ended D ecember 31, 2016. (C ouncil action is requi red for this item) S taff Report No. 75 2.P resentation for National P ublic Works Week - May 21-27, 2017 C O U N C IL D IS C U S S IO N 3.Hats Off to Hometown Hits AG E N D A AP P R O VAL 4.A pproval of the A genda 5.Consent C alendar contains several separate items, which are acted upon by the City C ouncil in one motion. Once the C onsent 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 C ouncil discussion and action. All items listed on the C onsent C alendar are recommended for approval. A .C onsi deration of the approval of a resoluti on modifying a Health C are S avings P lan for Management E mployees. S taff Report No. 76 B .C onsi deration of the approval of a C apital A sset P olicy. S taff Report No. 77 C .C onsi deration of the approval of the thi rd amendment to the S ite L ease A greement at 6700 P ortland Avenue between the C ity of Richfield and S print S pectrum Realty C ompany, L P (successor in interest to S pri nt S pectrum L P ) to reimburse the C ity for past electrical use. S taff Report No. 78 D .C onsi deration of the approval of a resoluti on authorizing the C ity of Richfield to enter into a contract with Hennepin C ounty for S entencing to S ervi ce program services not to exceed $74,214.40 in 2017 and not to exceed $76,440.00 in 2018. S taff Report No. 79 E .C onsi deration of the approval of a resoluti on authorizing the C ity of Richfield to enter into a S afety Grant A greement to accept grant funds, totali ng $7,500, from the Minnesota D epartment of L abor and Industri es to be used towards the purchase of a valve maintenance trai ler. S taff Report No. 80 F.C onsi deration of the approval of an annual request for a Temporary On S ale Intoxicating L iquor license for the A cademy of Holy A ngels, located at 6600 Nicollet Avenue S outh, for thei r Holy A ngels Rock the L awn event taki ng place F riday, J une 23, 2017. S taff Report No. 81 G.C onsi deration of the approval of a fi rst reading of a transitory ordinance vacating 17th Avenue S outh street right-of-way adjacent to the proposed P laza 66 commercial development (approx. 66th S treet and 17th Avenue) and schedule a public hearing and second reading for June 13, 2017. S taff Report No. 82 6.C onsideration of items, if any, removed from C onsent C alendar PR O P O S E D O R D IN AN C ES 7.C onsideration of the approval of the second readi ng of an ordinance rezoning properties currently addressed as: 6601 - 16th Avenue, 6609 - 16th Avenue, 6615 - 16th Avenue, 6600 - 17th Avenue, 6608 - 17th Avenue, and 6614 - 17th Avenue from General B usiness (C -2) to P lanned General B usiness (P C -2) and approval of a resoluti on for a P lanned Uni t D evelopment at this same location. S taff Report No. 83 R E S O L U T IO N S 8.C onsideration of the approval of a resolution authorizing the C ity of Richfield to accept a C enter for P revention at B lue C ross B lue S hield Grant for $20,500 to be applied toward installation, education, and evaluation of temporary pedestrian crossings of Nicollet Avenue. S taff Report No. 84 C IT Y MAN AG E R ’S R E P O R T 9.C ity Manager's Report C L AIMS AN D PAYR O LL S 10.C laims and P ayrolls May 9, 2017 and May 23, 2017 Open forum (15 mi nutes maximum) E ach speaker is to keep their comment period to three minutes to allow sufficient time for others. C omments are to be an opportunity to address the C ouncil on items not on the agenda. I ndividuals who w ish to address the C ouncil must have registered prior to the meeting. C LO SE D E X E C U TIV E S E S SIO N 11.S pecial C i ty C ouncil C losed E xecutive S ession i n the B abcock Room regardi ng the C ity Manager's annual performance evaluation. The C losed E xecutive S ession will be convened as permitted to evaluate an employee’s performance pursuant to Minn. S tat. 13D .05, subd. 3(a). 12.Reconvene the Regular C ity C ouncil Meeti ng in the C ouncil C hambers. 13.S ummary review of the C ity Manager's annual performance evaluation for 2016 and consideration of a resolution amending employment agreement between C i ty of Richfield and C ity Manager S teven L . D evich for 2017. S taff Report No. 85 14.A djournment Auxiliary aids for individuals with disabilities are available upon request. R equests must be made at least 96 hours in advance to the C ity Clerk at 612-861-9738. CITY COUNCIL MEETING MINUTES Richfield, Minnesota Special City Council Work Session May 9, 2017 CALL TO ORDER The work session was called to order by Mayor Elliott at 6:16 p.m. in the Bartholomew Room. Council Members Pat Elliott, Mayor; Edwina Garcia; Maria Regan Gonzalez; and Michael Present: Howard Staff Present: Steven L. Devich, City Manager; Chris Regis, Finance Manager; Pam Dmytrenko, Assistant City Manager/HR Manager; Jim Topitzhofer, Recreation Services Director; Bill Fillmore, Liquor Operations Director; and, Jared Voto, Executive Aide/Analyst. Item #1 KEY FINANCIAL STRATEGIES Finance Manager Regis and City Manager Devich reviewed the short- and long-term key financial strategies, including the financial management plan and capital financing plan. The Financial Management Plan presents a projection of the City’s General Fund and the overall tax levy that will help support General Fund operations and capital financing tax levies. The Capital Financing Plan reflects the existing debt service tax levy requirements and projected additional tax levy requirements based on current Capital Improvement Budget and Capital Improvement Plan (CIB/CIP) forecasts. City Manager Devich also discussed fiscal disparities and local government aid, as it relates to the key financial strategies. ADJOURNMENT The work session was adjourned by unanimous consent at 6:57 p.m. Date Approved: May 24, 2017 _____________________________ Pat Elliott Mayor _____________________________ ____________________________ Jared Voto Steven L. Devich Executive Aide/Analyst City Manager CALL TO ORDER The meeting was called to order by Mayor Elliott at 7:00 p.m. in the Council Chambers. Council Members Pat Elliott, Mayor; Edwina Garcia; Michael Howard; and Maria Regan Present: Gonzalez. Staff Present: Steven L. Devich, City Manager; Mary Tietjen, City Attorney; Pam Dmytrenko, Assistant City Manager/HR Manager; John Stark, Community Development Director; Wayne Kewitsch, Fire Chief; and Jared Voto, Executive Aide/Analyst. PLEDGE OF ALLEGIANCE Mayor Elliott led the Pledge of Allegiance. OPEN FORUM Birgit Johnson, 6332 13th Ave S, spoke regarding the Veterans Park Clean-up and thanked those who attended and helped. APPROVAL OF MINUTES M/Garcia, S/Howard to approve the minutes of the: (1) Special City Council Work Session of April 25, 2017; (2) Special Concurrent City Council and HRA Work Session of April 25, 2017; (3) Special City Council Work Session of April 25, 2017; (4) Regular City Council Meeting of April 25, 2017; and (5) Special City Council Work Session of May 2, 2017. Motion carried 4-0. Item #1 SWEARING-IN OF FIREFIGHTER KEVIN O’CONNELL Chief Kewitsch discussed the symbolism of the firefighter’s badge and introduced Kevin O’Connell and his family. Firefighter O’Connell’s wife, Sara, pinned the badge on him. CITY COUNCIL MEETING MINUTES Richfield, Minnesota Regular Meeting May 9, 2017 Council Meeting Minutes -2- May 9, 2017 Item #2 COUNCIL DISCUSSION  Hats Off to Hometown Hits Council Member Regan Gonzalez spoke regarding attending the Veterans Park clean-up event and the Friends of Wood Lake (FOWL) dinner and the opening of the Richfield Farmer’s Market on May 20. Council Member Howard spoke regarding the Veterans Park clean-up event, the opening of the Richfield Pool, an Islam 101 event hosted by the Human Rights Commission, and the comprehensive plan mapping tool. Mayor Elliott spoke regarding the Islam 101 event and the Veterans Park clean-up event. Council Member Garcia spoke regarding the Unity in the Community event on May 25 in Veterans Park, the city-wide garage sale on May 18-20, and commended staff on the Key Financial Strategies Work Session. Item #3 APPROVAL OF THE AGENDA M/Howard, S/Regan Gonzalez to approve the agenda. Motion carried 4-0. Item #4 CONSENT CALENDAR City Manager Devich presented the Consent Calendar. A. Consideration of the approval of the first reading of an ordinance rezoning properties currently addressed as: 6601 - 16th Ave, 6609 - 16th Ave, 6615 - 16th Ave, 6600 - 17th Ave, 6608 - 17th Ave, and 6614 - 17th Ave from General Business (C-2) to Planned General Business (PC-2). (S.R. No. 71) B. Consideration of the approval of a resolution authorizing the City to affirm the monetary limits on statutory municipality tort liability. (S.R. No. 72) RESOLUTION NO. 11358 A RESOLUTION AFFIRMING MUNICIPAL TORT LIABILITY LIMITS ESTABLISHED BY MINNESOTA STATUTES 466.04 This resolution appears as Resolution No. 11358. M/Elliott, S/Garcia to approve the consent calendar. Motion carried 4-0. Item #5 CONSIDERATION OF ITEMS, IF ANY, REMOVED FROM THE CONSENT CALENDAR Council Meeting Minutes -3- May 9, 2017 None. Item #6 PUBLIC HEARING AND CONSIDERATION OF THE APPROVAL OF AN ENABLING RESOLUTION RELATING TO THE FORMATION AND ADMINISTRATION OF AN ECONOMIC DEVELOPMENT AUTHORITY IN, AND FOR, THE CITY OF RICHFIELD AND APPROVAL OF A RESOLUTION AUTHORIZING THE ECONOMIC DEVELOPMENT AUTHORITY TO LEVY TAXES. (S.R. NO. 73) Council Member Garcia presented Staff Report No. 73. M/Garcia, S/Howard to close the public hearing. Motion carried 4-0. M/Garcia, S/Elliott to approve a resolution establishing the Richfield Economic Development Authority and approve a resolution approving a present intent to levy a tax for Economic Development purposes pursuant to Minnesota Statutes, Section 469.107. RESOLUTION NO. 11359 ENABLING RESOLUTION ESTABLISHING THE RICHFIELD ECONOMIC DEVELOPMENT AUTHORITY RESOLUTION NO. 11360 RESOLUTION APPROVING A PRESENT INTENT TO LEVY A TAX FOR ECONOMIC DEVELOPMENT AUTHORITY PURPOSES PURSUANT TO MINNESOTA STATUTES, SECTION 469.107 Motion carried 4-0. The resolutions appear as Resolution No. 11359 and Resolution No. 11360. Item #7 CONSIDERATION OF THE APPROVAL OF A RESOLUTION GRANTING A CONDITIONAL USE PERMIT AND VARIANCES TO ALLOW A BUFFET RESTAURANT TO OPERATE IN THE FORMER OLD COUNTRY BUFFET SPACE AT 6601 NICOLLET AVENUE. (S.R. NO. 74) Council Member Howard presented Staff Report No. 74. M/Howard, S/Elliott to approve a resolution grant a conditional use permit and variances to allow a buffet restaurant at 6601 Nicollet Avenue. RESOLUTION NO. 11361 RESOLUTION APPROVING A CONDITIONAL USE PERMIT AMENDMENT AND VARIANCES FOR A RESTAURANT AT 6601 NICOLLET AVENUE Council Member Howard commented regarding the Planning Commission discussion and asked if the City had historically received complaints about the Old Country Buffet. Community Development Director Stark responded that the City had not received complaints in the past. Council Meeting Minutes -4- May 9, 2017 Mayor Elliott commented on the work that was done on the ordinance that allowed flexibility. Mayor Elliott asked if Old Country Buffet had removed their mechanical equipment. Community Development Director Stark responded that they had not removed equipment, which he knew of, and he believe they had passive odor control, rather than active. Community Development Director Stark indicated the new operator is adding cooking equipment that requires an additional commercial vent, which trigger the consideration of odor control. Mayor Elliott asked if staff would be receiving the engineering plans that if odor control becomes required it can be installed. Community Development Director Stark responded that is correct, building permits will not be issued until the plans are received. Motion carried 4-0. The resolutions appear as Resolution No. 11361. Item #8 CITY MANAGER’S REPORT City Manager Devich noted the Special Election for Richfield City Council Ward 1 takes place on May 23, 2017, with early voting is taking place right now, and encouraged residents to vote. Item #9 CLAIMS AND PAYROLLS Staff review determined the May 9, 2017, Claims and Payrolls were not motioned, seconded, and passed by the City Council. This item will be brought to the next City Council meeting on May 24, 2017, for approval. OPEN FORUM None. Item #10 ADJOURNMENT The City Council Meeting was adjourned by unanimous consent at 7:41 p.m. Date Approved: May 24, 2017 Pat Elliott Mayor Jared Voto Steven L. Devich Executive Aide/Analyst City Manager AGENDA SECTION:PRESENTATIONS AGENDA ITEM #1. STAFF REPORT NO. 75 CIT Y COUNCIL ME E T ING 5/24/2017 RE P O RT P RE PA RE D B Y: C hris Regi s, F inance Manager D E PA RTM E NT D IRE C TOR RE V IE W: S teven L . D evich, C ity Manager 5/16/2017 O TH E R D E PA RTM E NT RE V IE W: N/A C ITY M A NA G E R RE V IE W: S teven L . D evich, C ity Manager 5/16/2017 I T E M F O R C O UNC I L C O NS I D E RAT IO N: Receipt of the City of R ichfield Comprehensive Annual Financial Report (C AFR) for the fiscal year ended December 31, 2016. (C ouncil action is required for this item) E X E C UT IV E S UM M ARY: State law requires all general purpose local governments be audited in accordanc e with U.S. generally ac cepted auditing standards by a firm of licensed certified public ac countants. In addition, state law requires that local governments publish a complete set of financial statements, presented in conformance with U.S. generally accepted accounting standards, within six months of the close of each fiscal year. Accordingly, the City’s auditing firm, BerganKDV, Ltd. completed the annual audit of the City’s financial records and has issued an unqualified opinion on those records for the fiscal year ended December 31, 2016. The financial statements will be published locally and submitted to the State of Minnesota and the Government Finance Offic ers Association. Staff presents to the City Council the Comprehensive Annual Financial Report (C AF R) for fiscal year ended December 31, 2016. RE C O M M E ND E D AC T IO N: By motion: Accept the Comprehensive Annual Financial R eport of the City for the year ended December 31, 2016. B AS IS O F RE C O M M E ND AT IO N: A.H IS TOR IC AL C ON TEXT The C ity’s auditing firm, BerganK D V, Ltd. has completed the annual audit of the City ’s financial rec ords for the fiscal year ended D ec ember 31, 2016. As part of the audit, BerganK D V, LTD . has issued an unqualified opinion on the C ity’s financial statements for the year ending Dec ember 31, 2016. A representative of BerganK D V, LTD. will be present at the Counc il meeting to make a brief presentation on the 2016 financial information and answer questions. I n addition, the C A F R will be submitted to the State of Minnesota pursuant to State law and to the Government Financ e Offic ers Assoc iation for the Certific ate of Achievement for Exc ellenc e in Financial Reporting program. B.P OL IC IE S (resolutions, ordinances, regulations, statutes, etc): Action to be taken at the May 24, 2017, City C ounc il meeting is the official rec eipt of the December 31, 2016, City of Richfield Comprehensive Annual Financ ial Report by the City Council. The C ity’s auditor has performed an audit of the City ’s financial rec ords for the y ear ended December 31, 2016, and prepared reports to the C ity Council conc erning legal c ompliance and internal controls. C.C R IT IC AL T IMIN G ISSU E S: Action on this item is requested at the May 24, 2017 City Council meeting as there is a J une 30, 2017, reporting deadline with the State of Minnesota. D.F IN AN C IAL IMPAC T: None E.L E GAL C ON S ID E R AT ION : The C A F R will be submitted to the State of Minnesota, pursuant to State law. The C A F R will be published in the Sun Current the week of May 29, 2017. ALT E R N AT IV E R E C O MME N D AT IO N(S): The C ity Council c ould ask the auditors for further explanations of their findings at a future work session. P R IN C IPAL PAR TIE S EXP E C T E D AT ME E T IN G: Matthew Mayer, C PA, of BerganK D V AT TAC H ME N TS : D escripti on Type C ouncil Memo No. 50 B ackup Materi al CITY OF RICHFIELD, MINNESOTA Office of City Manager May 18, 2017 Council Memorandum No. 50 The Honorable Mayor and Members of the City Council Subject: 2016 Comprehensive Annual Financial Report Council Members: At the May 24 City Council meeting, Matt Mayer, a partner with the City’s audit firm BerganKDV, Ltd., will present on the 2016 Audit and the 2016 Comprehensive Annual Financial Report (CAFR). The following documents are attached for your review:  2016 City Comprehensive Annual Financial Report (CAFR);  2016 Schedule of Expenditures of Federal Awards and Independent Auditor’s Reports;  2016 Communications Letter; and  2016 Housing and Redevelopment Authority CAFR. Finally, subsequent to Mr. Mayer’s presentation, the City Council will be asked to formally accept the Comprehensive Annual Financial Repo rt (CAFR) for the year ended 2016. If you have any questions regarding any of the documents, please contact Chris Regis, Finance Manager, or me. Respectfully submitted, Steven L. Devich City Manager SLD:cr Email: Assistant City Manager Department Directors Attachments AGENDA SECTION:CONSENT CALENDAR AGENDA ITEM #5.A. STAFF REPORT NO. 76 CIT Y COUNCIL ME E T ING 5/24/2017 RE P O RT P RE PA RE D B Y: J esse S wenson, A ssistant H R Manager D E PA RTM E NT D IRE C TOR RE V IE W: S teven L . D evich, C ity Manager 5/16/2017 O TH E R D E PA RTM E NT RE V IE W: N/A C ITY M A NA G E R RE V IE W: S teven L . D evich, C ity Manager 5/16/2017 I T E M F O R C O UNC I L C O NS I D E RAT IO N: Consideration of the approval of a resolution modifying a Health Care S avings Plan for Management Employees. E X E C UT IV E S UM M ARY: I n 2001, the Minnesota legislature granted authority to the Minnesota State Retirement System (MS RS) to offer a post-employ ment Health Care Savings Plan (HC SP) to eligible employees of the State of Minnesota and other governmental subdivisions. A post-employ ment HC S P is an employ er-sponsored program that allows employees to save money to pay towards medic al expenses and/or health insuranc e premiums after termination of employment. Employees are able to c hoose among different investment options provided by the State Board of I nvestment. Assets contributed into the program are tax-free, ac cumulate tax free, and if used for medical expenses, remain tax-free. The Management employee group has agreed upon a modification to its plan that modifies the bi-weekly contribution amount. Under state statute, modific ations to HC S P's c annot be made more often then once every two years. The last modification to the Management HC S P was in August 2013. Staff is recommending amending the P ost E mployment Health Care Savings Plan for Management employees. RE C O M M E ND E D AC T IO N: By motion: Approve a resolution modifying a Health Care Savings Plan for eligible Management employees. B AS IS O F RE C O M M E ND AT IO N: A.H IS TOR IC AL C ON TEXT Legal authority to establish a HC S P is provided through Minn. Stat. 352.98 and I nternal Revenue Service rulings. The establishment of eac h plan, inc luding contribution formulae, must be negotiated when dealing with a collec tive bargaining unit or personnel policy where non-union employ ees are involved. Once established, the plan must be filed with MS RS to initiate or modify the plan. Partic ipation for each individual employ ee within a bargaining unit or employee group is mandatory once the plan is established for that respective group. Moreover, the amounts contributed for or by each employee in a partic ular group must be the same for every employee of the group; however, c ontributed amounts between employee groups will vary. A Health C are Savings Plan was established by the City Council for the Management employee group on J uly 13, 2004. Under state statute, plan modifications may be made no more frequently than once every two y ears. The last modific ation was in August 2013. B.P OL IC IE S (resolutions, ordinances, regulations, statutes, etc): Minnesota Statutes have been amended to provide the opportunity for a very valuable benefit to City employees. The City of Richfield has offered this benefit to employee groups that are interested in suc h a mandatory plan. Approval of the resolution by the C ity Council will provide the City authority to proceed with this modified program for the Management employees. Plan modifications c an be made every two years. C.C R IT IC AL T IMIN G ISSU E S: There is no time c ritical issue pertaining to the timing of this modification; however, the majority of Management employees have expressed a desire to implement the modified program, so it should be pursued at the City ’s earliest opportunity. After C ity approval, this plan must be submitted to MS RS for filing and implementation. D.F IN AN C IAL IMPAC T: There is no cost to the City in this version of the plan sinc e the City makes no contribution. I n fact, there is a cost savings to the City in that wages and severanc e pay that the employ ee contributes to the Health Care Savings plan are not subject to Social S ec urity or Medic are contributions. The plan provides a great tax savings to the participating employees and provides a tax mechanism to fund post-employment medic al c osts. E.L E GAL C ON S ID E R AT ION : There is legal authority for this plan in Minnesota Statutes and I RS Code. The plan modification has been sent to the State for review and has received informal approval. ALT E R N AT IV E R E C O MME N D AT IO N(S): The C ity Council c ould dec ide not to approve this plan modific ation. I n that c ase, the c urrent plan would remain in effec t; however, this decision contradic ts the wishes of the majority of this employee group. P R IN C IPAL PAR TIE S EXP E C T E D AT ME E T IN G: None AT TAC H ME N TS : D escripti on Type Resolution Resolution L etter Management HC S P B ackup Materi al RESOLUTION NO. RESOLUTION ESTABLISHING AN UPDATED AMENDED POST EMPLOYMENT HEALTH CARE SAVINGS PLAN FOR MANAGEMENT EMPLOYEES WHEREAS , Laws of Minnesota 2001, chapter 352.98, authorizes the Minnesota State Retirement System (MSRS) to offer a Post Employment Health Care Savings Plan (Plan) program to state employees, as well as, other governmental subdivisions, and WHEREAS, the Internal Revenue Service Code provides for such Plans, and WHEREAS, the City of Richfield currently offers such a Plan to eligible City employees as a tax free method for employees to set aside money to cover the ever increasing costs of health insurance and medical costs after termination of public employment, and WHEREAS, such plans must be established by employee group, either through a collective bargaining agreement for union employees or a personnel policy for employees not covered by a collective bargaining agreement, and WHEREAS, modification to the provisions of an established Plan for the Management employee group have been agreed to by the Management employee group and the City of Richfield, and WHEREAS, the proposed plan is a net savings to the City of Richfield and a benefit to the individual employees covered by the plan. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Richfield hereby authorizes the City Manager to amend the Health Care Savings Plan for the Management group of employees in the City of Richfield. Adopted by the City Council of the City of Richfield, Minnesota this 24 th day of May 2017. Pat Elliott, Mayor ATTEST: Elizabeth VanHoose, City Clerk Policy : Management Post Employment Health Care Savings Plan Approved by: Richfield City Council – May 24, 2017 Effective Date: May 28, 2017 Page: 1 of 2 Plan Purpose The City of Richfield is interested in establishing a means for eligible employees to participate in a mandatory program to help defray some of the costs of post employment health related expenses, including health insurance premiums using pre-tax dollars. Participation in the Post Employment Health Care Savings Plan, administered by the Minnesota State Retirement System (MSRS), is intended to provide an opportunity to accomplish that goal. Post Employment Health Care Savings Plan The Post Employment Health Care Savings Plan (HCSP) is an Employer-sponsored program that allows eligible employees to: 1. defer payment of a portion of unused vacation and personal leave as a severance payment at the time of termination to pay for eligible health insurance premiums and/or health expenses after separation from City service, and 2. defer a portion of an Employee’s bi-weekly salary for deposit into their HCSP for the payment of qualified healthcare related expenses after separation from City service. Employees will be able to choose among several different investment options provided by the Minnesota State Board of Investment. Under the Plan, amounts contributed into the HCSP are tax-free and not subject to FICA contributions. Assets in the HCSP will accumulate tax-free and since payouts are used for qualifying medical expenses, they will also remain tax-free. Eligibility to Participate Participation in the Management HCSP is mandatory for all employees that meet the following requirements: 1. The Employee must be a member of the Richfield Management Pay Classification Plan or the City Manager at the time of termination of employment, and 2. The Employee must have been continuously employed by the City of Richfield for at least 3 consecutive years. Contribution Formula Mandatory participation in the Management HCSP shall be in accordance with, and limited to the following formulas for contributions: I. Bi-weekly Contribution 1. An eligible Employee classified in pay grades M-L through M-5, and the City Manager, must contribute to the Employee’s account in the HCSP according to the following schedule based on total City service: • An eligible Employee with more than 3 but less than 5 years of service must contribute $45 per pay period to the Employee’s account in the Management HCSP. Such contributions shall not exceed $45 per pay period. • An eligible Employee with more than 5 but less than 10 years of service must contribute $55 per pay period to the Employee’s account in the Management HCSP. Such contributions shall not exceed $55 per pay period. • An eligible Employee with more than 10 but less than 20 years of service must contribute $75 per pay period to the Employee’s account in the Management HCSP. Such contributions shall not exceed $75 per pay period. • An eligible Employee with more than 20 but less than 25 years of service must contribute $85 per pay period to the Employee’s account in the Management HCSP. Such contributions shall not exceed $85 per pay period. • An eligible Employee with more than 25 but less than 30 years of service must contribute $95 per pay period to the Employee’s account in the Management HCSP. Such contributions shall not exceed $95 per pay period. • An eligible Employee with more than 30 years of service must contribute $115 per pay period to the Employee’s account in the Management HCSP. Such contributions shall not exceed $115 per pay period. II. Severance Contribution 1. Severance shall be paid in cash for the first 80 hours of accumulated but unused Personal Leave. Severance based on accumulated but unused Personal Leave in excess of 80 hours shall be paid as a credit to the Employee’s account in the Management HCSP . 2. Severance shall be paid in cash for the first 40 hours of accumulated but unused Vacation Leave. Severance based on accumulated but unused Vacation Leave in excess of 40 hours shall be paid as a credit to the Employee’s account in the Management HCSP . 3. All severance payments based upon Personal & Vacation Leaves are calculated as described above, by multiplying the number of hours by the applicable rate of pay at the time of termination. Contributions authorized under this Plan shall continue until such time as this policy is amended or repealed by the City of Richfield. Upon an employee’s death, contributions owed but not yet paid to the HCSP will be paid to the employee’s estate. HCSP Administration The HCSP is authorized under the Internal Revenue Code and is administered by the Minnesota State Retirement System. AGENDA SECTION:CONSENT CALENDAR AGENDA ITEM #5.B. STAFF REPORT NO. 77 CIT Y COUNCIL ME E T ING 5/24/2017 RE P O RT P RE PA RE D B Y: C hris Regi s, F inance Manager D E PA RTM E NT D IRE C TOR RE V IE W: S teven L . D evich, C ity Manager 5/16/2017 O TH E R D E PA RTM E NT RE V IE W: N/A C ITY M A NA G E R RE V IE W: S teven L . D evich, C ity Manager 5/16/2017 I T E M F O R C O UNC I L C O NS I D E RAT IO N: Consideration of the approval of a Capital Asset Policy. E X E C UT IV E S UM M ARY: The City’s auditors, BerganK D V have recommended to staff that a Capital Asset Polic y be established to formalize the acc ounting and reporting of capital assets. Acc ordingly, the purpose of this polic y is to set forth the guidelines for the physic al and reporting c ontrol of the City’s capital assets, including acc ountability over those assets. RE C O M M E ND E D AC T IO N: By Motion: Approve the Capital Asset Policy. B AS IS O F RE C O M M E ND AT IO N: A.H IS TOR IC AL C ON TEXT I nformation contained in the Executive Summary. B.P OL IC IE S (resolutions, ordinances, regulations, statutes, etc): I t is the prac tice of the City of Richfield to follow established financ ial policies governing the City’s practic es related to fisc al management. C.C R IT IC AL T IMIN G ISSU E S: None D.F IN AN C IAL IMPAC T: None E.L E GAL C ON S ID E R AT ION : None ALT E R N AT IV E R E C O MME N D AT IO N(S): None P R IN C IPAL PAR TIE S EXP E C T E D AT ME E T IN G: N/A AT TAC H ME N TS : D escripti on Type C apital A sset P olicy E xhibit CAPITAL ASSET POLICY City of Richfield Financial Policy Date: May 24, 2017 Subject: Capital Asset Policy Introduction The City maintains a large investment in it capital assets. It is the responsibility of the City to maintain, preserve and replace these assets when needed as they play an important role in providing basic services to our residents. I. SCOPE This fiscal policy provides the framework that will allow overall management of the City’s capital assets. The Finance Division is responsible for the establishment and maintenance of a fixed asset accounting system that allows for the proper presentation of fixed assets in the financial statements and the overall safeguarding of fixed assets. All City employees are responsible for protecting City property entrusted to them and to help protect all City assets in general. Department Directors, Division Managers, and Supervisors are ultimately responsible for and held accountable for, assuming proprietary control of all equipment and other fixed assets in their custody or assigned to their department or division. II. PURPOSE The purpose of this policy is to set forth the guidelines for the physical and reporting control of the City’s assets, including accountability over the assets. III. CAPITAL ASSETS DEFINITION Capital assets include land, land improvements, buildings, building improvements, construction in progress, machinery and equipment, vehicles, infrastructure, and intangible assets (software and easements) acquired by the City for use in providing services to its citizens. Capital assets are reported and depreciated in the applicable governmental or business-type activities columns in the governmental-wide financial statements. Infrastructure assets are long-lived capital assets that normally can be preserved for a significantly greater number of years than most capital assets and are normally stationary in nature. Examples include roads, bridges, tunnels, drainage systems, and water and sewer systems. Capital assets are defined by the City as assets with an initial, individual cost of more than $5,000 (amount not rounded) and an estimated useful life in excess of one year. Such assets are recorded at historical cost or estimated historical cost if purchased or constructed. Donated capital assets are recorded at estimated fair market value at the date of donation. The costs of normal maintenance and repairs that do not add to the value of the asset or materially extend assets lives are not capitalized. Major outlays for capital assets and improvements are capitalized as projects when constructed. Interest incurred during the construction phase of capital assets of business-type activities is included as part of the capitalized value of the assets constructed. Property, plant and equipment, and infrastructure assets are depreciated using the straight-line method. Capital assets are depreciated over the following estimated useful lives: Assets Buildings and structures 20-50 years Machinery and equipment 3-15 years Furniture and fixtures 10 years Other improvements 10-50 years Storm sewers 25-30 years Streets 25 years Street lights 25 years Distribution and collection systems 30-50 years IV. INVENTORY RECORD OF ASSETS The City’s fixed asset system will serve as the inventory record for capital assets. Each asset in the fixed asset system will include: description, year of acquisition, cost or estimated cost, estimated useful life, current net book value and accumulated depreciation. The inventory record will also identify the division that uses the asset. Land is capitalized (but not depreciated) and tracking is maintained by the City’s fixed asset system. V. DEPRECIATION DEFINITION Depreciation is the process of allocating the cost of tangible property over a period of time rather than deducting the cost as an expense in the year of acquisition. It is the City’s policy to use the straight-line depreciation method. The basis of the asset is written off evenly over the useful life of the asset. The same amount of depreciation is taken each year. In general, the amount of annual depreciation is determined by dividing an asset’s depreciable cost by its estimated life. The total amount depreciated can never exceed the asset’s historic cost. To avoid the complications of depreciating each asset from the specific date on which it is placed in service, the City will utilize a Mid-Month Convention. Under this convention, property placed in service at any time during a given month is treated as if it had been placed in service on the 16 th day of the month. For example, if the asset is purchased in January, the calculation of depreciation would start on January 16 th . If the property is disposed of before the end of the estimated useful life, depreciation would only be taken for the first 15 days of the month. To calculate depreciation on a capital asset, the following factors must be known: • Date the asset was placed in service • Cost or acquisition value • Estimated useful life, and • Depreciation method (straight-line) VI. Determining Assets Cost Capital assets are recorded at historical cost and should include the cost of freight, site preparation, architect and engineering fees, etc. If something other than cash is used to pay for the asset, then fair-market value of the non-cash payment or consideration determines the asset’s cost or acquisition value. When the value of consideration paid can’t be determined, the asset’s fair-market value determines its cost. With few exceptions, an asset’s cost should also include necessary costs incurred to place the asset in service. These costs would include the invoice price plus incidental costs such as insurance during transit, freight, capitalized interest, duties, title search, registration fees, and installation costs. Exceptions to this rule include interest expenses associated with deferred payments and real estate taxes paid, in any, in the acquisition of property. VII. CAPITAL ASSET CLASSES A. Recording of Land Land is to be capitalized but not depreciated. It is recorded at historical cost and remains at that cost until disposal. If there is a gain or loss on the sale of land, it is reported as a special item in the statement of activities. B. Recording Land Improvements Land improvements include items such as excavation, non-infrastructure utility installation, driveways, sidewalks, parking lots, flagpoles, retaining walls, fencing, signs, outdoor lighting, and other non-building improvements intended to make the land ready for its intended purpose. C. Recording Intangible Assets Intangible assets are to be capitalized and recorded based upon the historical cost. Easements will be capitalized and depreciated with the project to which the easement relates. D. Recording Buildings Buildings should be recorded at either their acquisition cost or construction cost. The cost of new construction should be carefully evaluated because projects usually consist of major components such as land, land improvements, building construction (including professional fees and permits), furniture, fixtures and equipment. In addition, buildings include components such as roof, air conditioner system, etc. that should be recorded separately when significant because these building components have different useful lives. The value of each component needs to be determined and placed within its own category. E. Recording Building Improvements Building improvements that extend the useful life should be capitalized. Examples of building improvements include re-roofing projects, and major structural building components. Items that are normal upkeep or replacements will be included in the operating budget. Examples of these items are window replacement, carpet replacement, and interior remodeling. F. Recording Construction in Progress Construction in progress should be capitalized and not depreciated. It should be reported with land and other non-depreciating assets at the government wide level. Unspent debt proceeds from capital assets related debt are reported in the net assets section of the statement of net assets as “restricted for capital projects”. G. Recording Machinery and Equipment (Including Office Equipment) Assets such as machinery and equipment (that meet threshold levels) should be capitalized and inventoried. Furniture that is purchased in conjunction with new construction or with a purchase of a new building will be added to the full value of the building at the completion of the project. H. Recording Vehicles Vehicles should be identified, inventoried, and depreciated. I. Recording Easements An easement is an interest in land owned by another that entitles its holder to a specific limited use of the land. Therefore, easements are not required to be reported unless the City paid for the easement (See Intangible Assets above). VIII. Establishing and Setting the Threshold Levels for Recording Capital Assets The following elements of useful life and asset costs are established for capitalization of assets: • Estimated Useful Life. The first criterion is useful life. An asset must have an estimated useful life greater than one (1) year to be considered for capitalization and depreciation. Assets that are consumed, used-up, habitually lost or worn out in one year or less will not be capitalized. • Asset Cost The second criterion for determining depreciable capital assets is cost. The capitalization threshold is established at an individual cost of $5,000 (amount not rounded). IX. Disposition/Sale of Capital Assets The City shall dispose of capital assets if the assets are determined to be no longer needed, obsolete, or in a condition beyond repair. When a capital asset is disposed of the Finance Division must be notified by the responsible department or division that had custody of the disposed asset. Surplus capital assets in a condition for sale are to be sold either at a public auction or using a sealed bid process. All other assets not in a condition for sale may be disposed of by following are legal requirements for disposal. In all instances, the City shall abide by Minnesota Statutes in regards to disposal/sale of capital assets. Approved: /s/ Steven L. Devich ______________________________ City Manager AGENDA SECTION:CONSENT CALENDAR AGENDA ITEM #5.C. STAFF REPORT NO. 78 CIT Y COUNCIL ME E T ING 5/24/2017 RE P O RT P RE PA RE D B Y: C hris Regi s, F inance Manager D E PA RTM E NT D IRE C TOR RE V IE W: S teven L . D evich, C ity Manager 5/16/2017 O TH E R D E PA RTM E NT RE V IE W: N/A C ITY M A NA G E R RE V IE W: S teven L . D evich, C ity Manager 5/16/2017 I T E M F O R C O UNC I L C O NS I D E RAT IO N: Consideration of the approval of the third amendment to the Site Lease Agreement at 6700 Portland Avenue between the C ity of Richfield and S print Spectrum Realty Company, L P (successor in interest to Sprint Spectrum L P) to reimburse the City for past electrical use. E X E C UT IV E S UM M ARY: On April 26, 2001, the C ity of Ric hfield entered into a Site Lease Agreement with S print Spec trum LP (Tenant) at the 6700 P ortland Avenue location. T he Site Lease Agreement allowed the Tenant to erect a cellular telephone antenna system on the communications tower located at the 6700 Portland Avenue location. T he Site Lease Agreement states the Tenant is required to separately meter charges for the consumption of electricity and other utilities associated with its use of the Leased Premises and shall promptly pay all costs associated therewith. As a result of a walk through with another prospec tive c ellular tenant, staff became aware that the Tenant was not separately metering its electric al use and that this had been going on sinc e 2011. Staff contacted the Tenant and they has agreed to pay the City a one-time payment of $16,330 for power consumption for the period June 1, 2011 to April 30, 2017. In addition, the Tenant will, beginning May 1, 2017, pay the City a monthly electrical utility usage fee in the amount of $230.00 until a separate electrical utility meter is installed. T he City has established a deadline of August 1, 2017 for the installation of the separate electrical utility meter. RE C O M M E ND E D AC T IO N: By Motion: Approve the third amendment to the Site Lease Agreement at the 6700 Portland Avenue location between the C ity of Richfield and S print Spectrum Realty Company, L P (successor in interest to Sprint Spectrum L P). B AS IS O F RE C O M M E ND AT IO N: A.H IS TOR IC AL C ON TEXT N/A B.P OL IC IE S (resolutions, ordinances, regulations, statutes, etc): N/A C.C R IT IC AL T IMIN G ISSU E S: The lease amendment has established a deadline of August 1, 2017 for the Tenant to c omplete the installation of a separate electrical utility meter. D.F IN AN C IAL IMPAC T: The C ity will rec eive a one-time pay ment of $16,330 for power consumption between J une 1, 2011 and April 30, 2017. The Tenant will pay the City $230.00 monthly elec trical usage fee beginning May 1, 2017. E.L E GAL C ON S ID E R AT ION : The C ity Attorney has reviewed the third amendment to the Site Lease Agreement. ALT E R N AT IV E R E C O MME N D AT IO N(S): N/A P R IN C IPAL PAR TIE S EXP E C T E D AT ME E T IN G: N/A AT TAC H ME N TS : D escripti on Type C ity Hall S print Third L ease A mendment C ontract/A greement AGENDA SECTION:CONSENT CALENDAR AGENDA ITEM #5.D. STAFF REPORT NO. 79 CIT Y COUNCIL ME E T ING 5/24/2017 RE P O RT P RE PA RE D B Y: C hris L i nk, Operations S uperintendent D E PA RTM E NT D IRE C TOR RE V IE W: K ristin A sher, P ublic Works D irector 5/16/2017 O TH E R D E PA RTM E NT RE V IE W: N/A C ITY M A NA G E R RE V IE W: S teven L . D evich, C ity Manager 5/17/2017 I T E M F O R C O UNC I L C O NS I D E RAT IO N: Consideration of the approval of a resolution authoriz ing the City of Richfield to enter into a contract with Hennepin C ounty for Sentencing to Service program services not to exceed $74,214.40 in 2017 and not to exceed $76,440.00 in 2018. E X E C UT IV E S UM M ARY: For the past 12 y ears the City of Richfield has c ontrac ted with Hennepin County's Sentenc ing to Service (S TS) program to perform labor intensive Public W orks tasks. S TS crews are performing court-ordered community servic e and are given tasks that require manual labor that may utilize hand tools. Typical labor intensive tasks performed by S T S crews are, but not limited to, the following: Hand shoveling snow from bus stops; Picking trash along freeway s, parks, and ponds; Set-up and c lean-up at the 4th of J uly C elebration; and W eed removal and trimming. RE C O M M E ND E D AC T IO N: By Motion: Appr ove a resolution authorizing the City of R ichfield to enter into C ontract No. A166477 with Hennepin C ounty for Sentencing to Service program services not to exceed $74,214.40 in 2017 and not to exceed 76,440.00 in 2018. B AS IS O F RE C O M M E ND AT IO N: A.H IS TOR IC AL C ON TEXT Many other cities/agenc ies participate in this program, including: B loomington; S t Louis Park; Minneapolis; S t Paul; Mn/Dot; and Three Rivers Park District. Richfield has utilized S TS services for the past 12 years. B.P OL IC IE S (resolutions, ordinances, regulations, statutes, etc): City policy enc ourages mutually beneficial joint agreements with other agencies. C.C R IT IC AL T IMIN G ISSU E S: The existing contract with Hennepin C ounty has expired. D.F IN AN C IAL IMPAC T: Funding for STS is inc luded in the approved budgets from the following Public W orks Divisions: S treet Maintenanc e P ark Maintenance S torm Sewer S anitary Sewer E.L E GAL C ON S ID E R AT ION : Contracts or purchases greater than $100,000 must be submitted to the City C ounc il for approval. ALT E R N AT IV E R E C O MME N D AT IO N(S): Council may c hoose not to approve the c ontrac t; however, S TS crews provide an excellent service that cannot be obtained elsewhere. P R IN C IPAL PAR TIE S EXP E C T E D AT ME E T IN G: None AT TAC H ME N TS : D escripti on Type Resolution Resolution L etter S TS C ontract C over Memo S TS Task L ist B ackup Materi al RESOLUTION NO. RESOLUTION AUTHORIZING THE CITY OF RICHFIELD TO ENTER INTO HENNEPIN COUNTY CONTRACT NO A166477 WITH THE COUNTY OF HENNEPIN, STATE OF MINNESOTA FOR SENTENCING TO SERVICE (STS) PROGRAM SERVICES THROUGH DECEMBER 31, 2018. WHEREAS , Hennepin County Community Corrections operates the Sentencing to Service (STS) general work program, which uses offenders who are working off court-obligations for low level offenses; and WHEREAS , many other cities participate successfully in this program including Bloomington, St. Louis Park, Minneapolis, St. Paul, Mn/DOT, and Three Rivers Park District; and WHEREAS , the City of Richfield has used these forces for many years to help clean-up after the Fourth of July celebration and to help with labor intensive projects that helps reduce the number of full-time staff needed to accomplish these tasks; and WHEREAS , STS crews provide an excellent service at a very inexpensive cost that could not be obtained elsewhere. NOW, THEREFORE, BE IT RESOLVED, that the Richfield Mayor and City Manager are hereby authorized and directed for and on behalf of the City of Richfield to execute and enter into Contract No A166477 between the City of Richfield and the County of Hennepin, State of Minnesota for Sentencing to Service Program Services through December 31, 2018. Adopted by the City Council of the City of Richfield, Minnesota this 24th day of May, 2017. Pat Elliott, Mayor ATTEST: Elizabeth VanHoose, City Clerk Contract No. A166477 (STS Form/Governmental Unit Svcs Agr–Revised 3/2016) Page 1 of 6 SENTENCING TO SERVICE PROGRAM SERVICES AGREEMENT WITH THE CITY OF RICHFIELD This Agreement is between the COUNTY OF HENNEPIN, STATE OF MINNESOTA A-2300 Government Center, Minneapolis, Minnesota 55487 (“COUNTY”), on behalf of the Hennepin County Department of Community Corrections and Rehabilitation, C-2300 Government Center, 300 South Sixth Street, Minneapolis, Minnesota 55487 (“DEPARTMENT”), and the CITY OF RICHFIELD, 6700 Portland Avenue South, Richfield, Minnesota 55423 (“CITY”). WHEREAS, the COUNTY operates the Sentencing to Service Program (STS Program) which offers offenders an opportunity to learn landscape maintenance and other marketable skills; and WHEREAS, the CITY wishes to purchase the services of the STS Program; NOW, THEREFORE, in consideration of the mutual undertakings and agreements hereinafter set forth, the COUNTY, on behalf of the DEPARTMENT, and the CITY agree as follows: 1. TERM AND COST OF THIS AGREEMENT This Agreement shall be in effect from January 1, 2017 through December 31, 2018, unless terminated earlier in accordance with the Default and Cancellation provisions of this Agreement. The total cost of this Agreement, including all reimbursable expenses, shall not exceed One Hundred Fifty Thousand Six Hundred and Fifty-Four Dollars and Forty Cents ($150,654.40). 2. SERVICES TO BE PROVIDED The CITY wishes to utilize the services of the STS Program participants to perform labor for forestry, park maintenance, and utility maintenance related projects (the “Work”). The specific services to be performed are more thoroughly described in Exhibit A, attached hereto and incorporated herein by reference. 3. RESPONSIBILITIES OF THE DEPARTMENT The DEPARTMENT agrees to the following with respect to the Work requested: A. Provide one (1) work crew, four (4) days per week, at a rate of Three Hundred Fifty-Six Dollars and Eighty Cents ($356.80) for the period January 1, 2017 through December 31, 2017, for a minimum of six (6) hours per day, excluding paid breaks. A work crew will consist of an average of six (6) participants per day. B. Provide one (1) work crew, four (4) days per week, at a rate of Three Hundred Sixty-Seven Dollars and Fifty Cents ($367.50) for the period January 1, 2018 through December 31, 2018, for a minimum of six (6) hours per day, excluding paid breaks. A work crew will consist of an average of six (6) participants per day. C. Provide COUNTY employed crew leader who will be responsible for the transportation, instruction, and supervision of the STS Program work crew. D. Provide required personal safety equipment and clothing needed for specific work. E. Provide basic landscaping tools and equipment needed for specific work. F. Train each STS Program work crew in necessary safety principles and techniques. Contract No. A166477 (STS Form/Governmental Unit Svcs Agr–Revised 3/2016) Page 2 of 6 G. Provide quarterly reports to the CITY that show the number of days worked and total hours of service received. H. Assume all medical liability for the STS Program participants. 4. RESPONSIBILITIES OF THE CITY The CITY agrees to the following: A. Obtain all necessary permits or licenses or special authority for all Work. B. Assign all work and coordinate material purchases and delivery for projects to be performed. 5. COST AND PAYMENT FOR SERVICES A. The CITY shall pay the COUNTY 1. A rate of Three Hundred Fifty-Six Dollars and Eighty Cents per crew, per day, with an annual cost not to exceed of Seventy Four Thousand Two Hundred and Fourteen Dollars and Forty Cents ($74,214.40) in 2017 for the services described in this Agreement. 2. A rate of Three Hundred Sixty-Seven Dollars and Fifty Cents per crew, per day, with an annual cost not to exceed of Seventy Six Thousand Four Hundred and Forty Dollars ($76,440) in 2018 for the services described in this Agreement. B. The COUNTY shall bill the CITY for all applicable taxes. C. Payment for services performed by the COUNTY shall be paid by the CITY within thirty (30) days from the date of invoice. The COUNTY will invoice for services at the end of each calendar quarter. 6. INDEPENDENT CONTRACTOR Nothing is intended or should be construed as creating or establishing the relationship of co-partners between the parties or as constituting either party as the agent, representative, or employee of the other party for any purpose. Each party is and shall remain an independent contractor for all services performed under this Agreement. Each party shall secure at its own expense all personnel required in performing services under this Agreement. Any personnel or other persons engaged in the performance of any work or services required by a party will have no contractual relationship with the other party and will not be considered employees of the other party. 7. INDEMNIFICATION Each party agrees that it will be responsible and agrees to defend, indemnify, and hold harmless the other party, its officials, officers, agents, and employees for its own errors, acts, and omissions and the results thereof to the extent authorized by the law and shall not be responsible for the errors, acts, and omissions of the other party and the results thereof. Notwithstanding anything to the contrary in this Section 7, the COUNTY shall have no liability to the CITY for any cause under or related to this Agreement for any consequential, special, incidental, punitive, or indirect damages (including without limitation loss of profit, revenue, business opportunity, or business advantage), whether based upon a claim or action of tort, contract, warranty, negligence, strict liability, contribution, or any other legal theory or cause of action. Each party’s liability shall be governed by and limited in accordance with Minnesota Statutes, Chapter 466. 8. DATA PRACTICES Contract No. A166477 (STS Form/Governmental Unit Svcs Agr–Revised 3/2016) Page 3 of 6 Both parties shall abide by the provisions of the Minnesota Government Data Practices Act, Minnesota Statutes, Chapter 13 (MGDPA), and all other applicable state and federal laws, rules, regulations, and orders relating to data privacy and confidentiality. 9. SUBCONTRACTING AND ASSIGNMENTS Neither party shall assign, subcontract, transfer, or pledge this Agreement, in whole or in part, without the prior written consent of the other party. 10. MERGER AND MODIFICATION A. It is understood and agreed that the entire Agreement between the parties is contained herein and that this Agreement supersedes all oral agreements and negotiations between the parties relating to the subject matter. All items that are referenced or that are attached are incorporated and made a part of this Agreement. B. Any alterations, variations, modifications, or waivers of provisions of this Agreement shall only be valid when they have been reduced to writing as an amendment to this Agreement signed by the parties. 11. DEFAULT AND CANCELLATION A. If either party fails to perform any of the provisions of this Agreement or so fails to administer the work as to endanger the performance of this Agreement, it shall be in default. Unless the default is excused by the nondefaulting party, the nondefaulting party may upon written notice immediately cancel this Agreement in its entirety. Additionally, failure of the CITY to comply with the terms of this Agreement shall be just cause for the COUNTY to immediately cease providing services under this Agreement until the CITY’s compliance. B. The above remedies shall be in addition to any other right or remedy available to the parties under this Agreement, law, statute, rule, and/or equity. C. Either party’s failure to insist upon strict performance of any provision or to exercise any right under this Agreement shall not be deemed a relinquishment or waiver of the same, unless consented to in writing. Such consent shall not constitute a general waiver or relinquishment throughout the entire term of this Agreement. D. This Agreement may be cancelled with or without cause by either party upon thirty (30) days written notice. 12. CONTRACT ADMINISTRATION In order to coordinate the services of the CITY with the activities of the DEPARTMENT, so as to accomplish the purposes of this Agreement, Logan Futterer, Hennepin County Department of Community Corrections & Rehabilitation, Community Offender Management Division, 3000 North Second Street, Minneapolis, Minnesota 55411, or his successor (Contract Administrator), shall manage this Agreement on behalf of the COUNTY and serve as liaison between the COUNTY and the CITY. CITY PROJECT AND BILLING CONTACT: Mark Hall, Operations Manager City of Richfield 1901 East 66 th Street Richfield, MN 55423 Office: 612-861-9173 Mobile: 612-221-6222 FAX: 612-861-9181 mhall@cityofrichfield.org Contract No. A166477 (STS Form/Governmental Unit Svcs Agr–Revised 3/2016) Page 4 of 6 13. NOTICES Any notice or demand which must be given or made by a party under this Agreement or any statute or ordinance shall be in writing, and shall be sent registered or certified mail. Notices to the COUNTY shall be sent to the County Administrator with a copy to the originating DEPARTMENT at the address given in the opening paragraph of this Agreement. Notice to the CITY shall be sent to the address stated in the opening paragraph of this Agreement. 14. MINNESOTA LAWS GOVERN The Laws of the State of Minnesota shall govern all questions and interpretations concerning the validity and construction of this Agreement and the legal relations between the parties and their performance. The appropriate venue and jurisdiction for any litigation will be those courts located within the County of Hennepin, State of Minnesota. Litigation, however, in the federal courts involving the parties will be in the appropriate federal court within the State of Minnesota. If any provision of this Agreement is held invalid, illegal, or unenforceable, the remaining provisions will not be affected. THIS PORTION OF PAGE INTENTIONALLY LEFT BLANK Contract No. A166477 (STS Form/Governmental Unit Svcs Agr–Revised 3/2016) Page 5 of 6 COUNTY BOARD AUTHORIZATION Reviewed by the County COUNTY OF HENNEPIN Attorney’s Office STATE OF MINNESOTA ______________________________ By: ______________________________________ Chair of Its County Board Date: _________________________ Date: _____________________________________ ATTEST: _________________________________ Deputy/Clerk of County Board Date: _____________________________________ And: _____________________________________ Assistant/Deputy/County Administrator Date: _____________________________________ CITY OF RICHFIELD The CITY warrants that the person who executed this Agreement is authorized to do so as required by applicable articles, bylaws, resolutions, or ordinances.* By: ____________________________________ Its: ____________________________________ Date: ____________________________________ And: ____________________________________ Its: ____________________________________ Date: ____________________________________ *The CITY shall submit applicable documentation (articles, bylaws, resolutions, or ordinances) that confirms the signatory’s delegation of authority. This documentation shall be submitted at the same time this Agreement is returned to the COUNTY. Contract No. A166477 (STS Form/Governmental Unit Svcs Agr – Revised 3/2016) Page 6 of 6 EXHIBIT A: SERVICES TO BE PROVIDED City of Richfield 6700 Portland Avenue South Richfield, Minnesota 55423 Description of Work to be Performed Non - Taxable Taxable Landscape Maintenance Services √ Lawn Mowing Services √ Forestry and Park Maintenance Services √ Snow Shoveling Services √ Hennepin County provides certain services that are taxable in the State of Minnesota. Appropriate sales tax will be charged for all taxable services provided. Please consult the Minnesota Department of Revenue Sales & Use Tax guides (available at http://taxes.state.mn.us) for information on taxability of specific services. TASKS FOR SENTENCING TO SERVICE • Mowing and picking up trash at City-owned vacant lots on 18th Ave. • Shoveling snow at bus stops and fire hydrants • Weed control along curb lines • Picking up trash along freeway fences and on minor arterial roads • Washing and cleaning City equipment • Clean garage stalls • Trimming along freeway fences • Weed control around ball field fences • Clean tennis courts • Clean tot lots and park trash pickup • Weed whip parks and freeway fences • Sweep slabs under bleachers • Clean and wash park buildings • 4th of July setup and cleanup • Half-Marathon setup and cleanup • Clean Ice Arena • Shovel gate boards • Restore and paint picnic tables • Paint park buildings • Shovel debris out of catch basins • Clean under bridge decks • Paint Garage building • Cleanup trash around storm water ponds • H U B garbage • Wood chipping along 77 th street wall • Rebuild retaining walls AGENDA SECTION:CONSENT CALENDAR AGENDA ITEM #5.E. STAFF REPORT NO. 80 CIT Y COUNCIL ME E T ING 5/24/2017 RE P O RT P RE PA RE D B Y: Russ L upkes, Utilities S uperintedent D E PA RTM E NT D IRE C TOR RE V IE W: K ristin A sher, P ublic Works D irector 5/17/2017 O TH E R D E PA RTM E NT RE V IE W: N/A C ITY M A NA G E R RE V IE W: S teven L . D evich, C ity Manager 5/17/2017 I T E M F O R C O UNC I L C O NS I D E RAT IO N: Consideration of the approval of a resolution authoriz ing the City of Richfield to enter into a Safety G rant Agreement to accept grant funds, totaling $7,500, from the Minnesota Department of Labor and Industries to be used towards the purchase of a valve maintenance trailer. E X E C UT IV E S UM M ARY: The City applied for and was awarded a $7,500 Safety Grant from the Minnesota Department of Labor and I ndustry. This grant will be used toward the purchase of a valve maintenance trailer to be used by the Utilities Division. T he trailer will be utilized to hydraulically exercise (turn) water valves rather than exercising the valves by hand. T he Utilities Division currently manually exercises more than 500 valves each year. RE C O M M E ND E D AC T IO N: By Motion: Approve a resolution authorizing acceptance of grant funds fr om the Minnesota Department of Labor and Industries for $7,500 to be used towards the purchase of a valve maintenance tr ailer. B AS IS O F RE C O M M E ND AT IO N: A.H IS TOR IC AL C ON TEXT The D epartment of Labor and I ndustry announced grant availability J anuary 2017. The Utilities Division applied for the grant in April 2017. The C ity of Ric hfield was notified of grant award on April 28, 2017. B.P OL IC IE S (resolutions, ordinances, regulations, statutes, etc): Minnesota Statute 465.03 requires every ac ceptanc e of a grant or devise of real or personal property be by resolution and adopted by a two-thirds majority of the City C ounc il. C.C R IT IC AL T IMIN G ISSU E S: The funds must be spent within 120 day s of a signed agreement. Purc hase of equipment and material must be made in the year in whic h they are budgeted. D.F IN AN C IAL IMPAC T: Total cost of the valve maintenance trailer is $59,375. The remaining cost of the trailer is identified in the W ater Utilities Budget, line item 51000-7400. E.L E GAL C ON S ID E R AT ION : The C ity Attorney has reviewed the agreement and the agreement has been exec uted. ALT E R N AT IV E R E C O MME N D AT IO N(S): None P R IN C IPAL PAR TIE S EXP E C T E D AT ME E T IN G: None AT TAC H ME N TS : D escripti on Type Resolution Resolution L etter A greement B ackup Materi al RESOLUTION NO. RESOLUTION AUTHORIZING THE CITY OF RICHFIELD TO ENTER INTO A SAFETY GRANT AGREEMENT WITH THE MINNESOTA DEPARTMENT OF LABOR & INDUSTRY FOR $7,500 TO BE USED FOR PURCHASE OF A SINGLE VALVE MAINTENANCE TRAILER. WHEREAS , the Richfield Water Division has applied for and received a Safety Grant for $7,500 from the Minnesota Department of Labor & Industry; and WHEREAS, The City intends to purchase a single valve maintenance trailer that will allow for staff to more efficiently turn valves on the water main lines in order to ensure they are operating correctly; and WHEREAS , Minnesota statute 465.03 requires every acceptance of a grant or devise of real personal property on terms prescribed by the donor be made by resolution of more than two-thirds majority of the City Council. NOW, THEREFORE, BE IT RESOLVED , by the City Council of the City of Richfield, Minnesota, as follows: 1. The Mayor and City Manager are authorized to enter into the Safety Grant Agreement with the Department of Labor & Industry for $7,500. 2. Appropriate City personnel are authorized to administer the funds in accordance with the grant agreement and terms described by the Minnesota Department of Labor & Industry. Adopted by the City Council of the City of Richfield, Minnesota this 24th day of May, 2017. Pat Elliott, Mayor ATTEST: Elizabeth VanHoose, City Clerk AGENDA SECTION:CONSENT CALENDAR AGENDA ITEM #5.F. STAFF REPORT NO. 81 CIT Y COUNCIL ME E T ING 5/24/2017 RE P O RT P RE PA RE D B Y: B etsy Osborn, S upport S ervices Manager D E PA RTM E NT D IRE C TOR RE V IE W: J ay Henthorne, D irector of P ublic S afety/C hi ef of P olice 5/18/2017 O TH E R D E PA RTM E NT RE V IE W: N/A C ITY M A NA G E R RE V IE W: S teven L . D evich, C ity Manager 5/18/2017 I T E M F O R C O UNC I L C O NS I D E RAT IO N: Consideration of the approval of an annual request for a Temporary On Sale Intoxicating Liquor license for the Academy of H oly Angels, located at 6600 N icollet Avenue S outh, for their Holy Angels Rock the Lawn event taking place Friday, June 23, 2017. E X E C UT IV E S UM M ARY: On April 21, 2017, the C ity rec eived application materials for a Temporary On Sale I ntoxicating Liquor lic ense for the A cademy of Holy Angels, located at 6600 Nicollet Avenue South, for their Holy Angels Rock the Lawn event taking place Friday, J une 23, 2017. They will serve wine and beer from 5:00 p.m. to 10:30 p.m. on Friday, J une 23, 2017, only. No other intoxic ating liquor beverages will be permitted. They will be having food trucks providing food for the event. The Ac ademy of Holy Angels has c ontac ted food sanitarians from the City of Bloomington to ensure proper food handling practic es are followed. The Director of P ublic Safety has reviewed all required information and documents and has found no basis for denial. The Academy of Holy Angels had this event in 2016. They had alc ohol served from a licensed caterer, so they did not have to get approval from the Counc il. RE C O M M E ND E D AC T IO N: By Motion: Approve the issuance of a Tempor ar y O n Sale Intoxicating Liquor license for the Academy of Holy Angels, located at 6600 Nicollet Avenue South, for their Holy Angels R ock the Lawn event taking place Friday, June 23, 2017. B AS IS O F RE C O M M E ND AT IO N: A.H IS TOR IC AL C ON TEXT The applic ant has satisfied the following requirements for the issuance of this lic ense: The required licensing fee has been paid. P roof of liquor liability insuranc e has been provided showing W est Bend Mutual affording the c overage. They inc luded a diagram of where the alcohol will be served and c onsumed as well as how I D's will be chec ked and how they will be monitoring sales and c onsumption. They have c ontrac ted with the City of Richfield Polic e to provide security for the event. B.P OL IC IE S (resolutions, ordinances, regulations, statutes, etc): Richfield C ity 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.C R IT IC AL T IMIN G ISSU E S: There are no critic al timing issues. D.F IN AN C IAL IMPAC T: The required licensing fees have been received. E.L E GAL C ON S ID E R AT ION : There are no legal considerations. ALT E R N AT IV E R E C O MME N D AT IO N(S): The C ounc il could decide to deny the approval of the Temporary On S ale I ntoxic ating Liquor license for the Ac ademy of Holy Angels. This would mean the applic ant would not be able to serve wine or strong beer; however, Public Safety has not found any basis for denial. P R IN C IPAL PAR TIE S EXP E C T E D AT ME E T IN G: Ac ademy of Holy Angels staff has been notified of the date of this meeting. AGENDA SECTION:CONSENT CALENDAR AGENDA ITEM #5.G. STAFF REPORT NO. 82 CIT Y COUNCIL ME E T ING 5/24/2017 RE P O RT P RE PA RE D B Y: Melissa P oehlman, C ity P lanner D E PA RTM E NT D IRE C TOR RE V IE W: J ohn S tark, C ommunity D evelopment D i rector 5/17/2017 O TH E R D E PA RTM E NT RE V IE W: N/A C ITY M A NA G E R RE V IE W: S teven L . D evich, C ity Manager 5/17/2017 I T E M F O R C O UNC I L C O NS I D E RAT IO N: Consideration of the approval of a first reading of a transitory ordinance vacating 17th Avenue South street right-of-way adjacent to the proposed Plaza 66 commercial development (approx. 66th Street and 17th Avenue) and schedule a public hearing and second reading for June 13, 2017. E X E C UT IV E S UM M ARY: I nterstate Development (the Developer) is proposing a multi-tenant commercial building along 66th Street, between 16th Avenue and Richfield Parkway. The Developer has purchase agreements in plac e for all properties within the project boundary and is requesting the vacation of the right-of-way immediately adjacent. This right-of-way c urrently provides ac cess to two homes at 6608 and 6614 17th Avenue. These properties and the right-of-way are proposed to be incorporated into the development and there will no longer be a public need for the street right-of-way. 17th Avenue South (the right-of-way at issue) is already a dead-end at this loc ation. The rec ommended ac tion would simply move the dead-end approximately 125 feet further to the south sinc e it would no longer serve the two homes. RE C O M M E ND E D AC T IO N: By motion: 1. Conduct a fir st reading of a transitory or dinance vacating Harriet Avenue street right-of-way as legally described; and 2. Call for a public hearing and second reading to be held on June 13, 2017. B AS IS O F RE C O M M E ND AT IO N: A.H IS TOR IC AL C ON TEXT I n the past, 17th Avenue offered a direc t c onnection to 66th Street. C onstruc tion of the Ric hfield Parkway roundabout eliminated that connec tion over 10 years ago. The area proposed to be vacated c urrently serves only two homes and those homes will be removed as part of the proposed project. There are utilities within the right-of-way. D rainage and utility easements must be dedic ated in the proposed plat. Approval of this vacation shall be c ontingent upon this dedication. B.P OL IC IE S (resolutions, ordinances, regulations, statutes, etc): The C ounc il may by ordinance vacate a street, alley, public grounds or a part thereof, on its own motion or upon the petition of the owners of half of the land abutting the street, alley, public grounds or part thereof, to be vacated. The Housing and Redevelopment A uthority is the owner of more than 50% of the land abutting the right-of-way and approved a petition requesting the vacation on May 15, 2017. No vacation may be made unless it appears to be in the interest of the public to do so. Easements for identified utilities and drainage must be dedicated in the plat. C.C R IT IC AL T IMIN G ISSU E S: 60-D AY RUL E : The 60-day clock 'started' on April 10, 2017 when a c omplete applic ation was rec eived. A decision must be made by J une 9, 2017 or the Counc il must notify the applic ant that it is extending the deadline by up to an additional 60 days. This vacation shall be c ontingent upon the dedic ation of drainage and utility easements in the final plat. D.F IN AN C IAL IMPAC T: The required applic ation fee has been paid. E.L E GAL C ON S ID E R AT ION : Notic e of the public hearing shall be published in the Sun Current newspaper, as required. The C ity Attorney's office has reviewed the proposed vacation. ALT E R N AT IV E R E C O MME N D AT IO N(S): Deny the first reading with a finding that the vacation would not be in the public interest. P R IN C IPAL PAR TIE S EXP E C T E D AT ME E T IN G: Lonnie Provenc her, I nterstate Development AT TAC H ME N TS : D escripti on Type D R A F T Transi tory Ordinance Ordinance P roposed Vacation A rea - A djacent P roperty Ownership E xhibit S urvey of E xi sti ng C onditions E xhibit P roposed P reliminary & F inal P lat E xhibit DRAFT BILL NO. TRANSITORY ORDINANCE NO. _______ AN ORDINANCE VACATING PUBLIC RIGHT-OF-WAY EASEMENTS (17TH AVENUE FROM 66TH STREET TO THE SOUTHERN BOUNDARY OF 6614 17TH AVENUE) THE CITY OF RICHFIELD DOES ORDAIN: Section 1: The following described lands are subject to the easements as described below for public street right-of-way purposes (“Street Easement”): That part of vacated 17th Avenue South described as follows: Beginning at the northeast corner of Block 1, CEDAR-SUNRISE ADDITION, according to the recorded plat thereof, Hennepin County, Minnesota; thence on an assumed bearing of South 00 degrees 06 minutes 08 seconds East, along the west line of said vacated 17th Avenue South, a distance of 200.47 feet to the southeast corner of Lot 3 of said Block 1; thence North 89 degrees 57 minutes 16 seconds East, along the easterly prolongation of the south line of said Lot 3, a distance of 60.00 feet to the intersection of the easterly prolongation of the south line of said Lot 3 with the east line of said vacated 17th Avenue South; thence North 00 degrees 06 minutes 08 seconds West, along said east line of vacated 17th Avenue South, a distance of 73.86 feet; thence North 25 degrees 26 minutes 49 seconds West a distance of 140.17 feet to the point of beginning. Sec. 2: The Street Easement is not required for access to the abutting properties. Sec. 3: The following public facilities are located in the Street Easement: water main, storm sewer, sanitary sewer. Sec. 4: The City has notified the service providers for gas, electric, telephone, and cable communications services of the proposed vacation; the following facilities are reported to be located in the Street Easement: gas, electric, cable. Sec. 5: The Council finds that there is not a public need for the Street Easement. Sec. 6. The City of Richfield held the first reading on May 24, 2017 and second reading on _________. Legal notice was published in the City’s official newspaper as required by ordinance. Sec. 7: The Street Easement is vacated conditioned upon the dedication of drainage and utility easements in the plat. Sec. 8: The vacation of the Street Easement is effective immediately following the recoding of a final plat for Plaza 66 in Richfield. Sec. 9: The City Clerk is directed to prepare a certificate of completion of vacation proceedings and to record the vacation in the office of the Hennepin County Registrar of Titles or Hennepin County Recorder, as appropriate. Passed by the City Council of the City of Richfield, Minnesota this _________, 2017. __________________________________ Pat Elliott, Mayor ATTEST: ________________________________ Elizabeth VanHoose, City Clerk 66th St 6600 6601 6608 6614 6609 6615 Area of VacationHRA Ownership of 50% of Adjacent Land ±0 110 220 330 44055Feet 1 7 t h A v e 1 6 t h A v e HRA-owned Parcels/Remnants T .H . 7 7 Proposed Vacation Privately owned (Developer purchase agreement) To Client, Lender and Insurance Company, Others: This is to certify that this map or plat and the survey on which it is based were made in accordance with the 2016 Minimum Standard Detail Requirements for ALTA/NSPS Land Title Surveys, jointly established and adopted by ALTA and NSPS, and includes Items 1, 2, 3, 4, 7(a), 8, 9, 11 and 13 of Table A thereof. The field work was completed on 02/23/2017. Dated this xx day of xxx, 20xx. Sambatek, Inc. Rick M. Blom, LS Minnesota License No. 21729 rblom@sambatek.com 1.This survey was prepared utilizing the xxx Title Insurance Company Title Commitment No. xxxxx, bearing an effective date of xx/xx/xxxx. 2.The bearing system is based on the north line of Block 1, CEDAR-SUNRISE ADDITION having an assumed bearing of South 89 degrees 55 minutes 57 seconds West. OVERHEAD ELECTRICAL WIRE LIGHT SANITARY SEWER STORM SEWER WATERMAIN UNDERGROUND FIBER OPTICGUY ANCHOR UTILITY POLE GUARD POST UNDERGROUND TELEPHONE UNDERGROUND GAS CHAIN LINK FENCE WOOD FENCE BUILDING LINE CONCRETE CURB BITUMINOUS SURFACE CONCRETE SURFACE SIGN TREE LINE FOUND PINCHED TOP IRON PIPE EASEMENT LINE SETBACK LINE RESTRICTED ACCESSSET MONUMENT MARKED LS 21729 SECTION LINE UNDERLYING / ADJACENT LOT TIE LINE BOUNDARY LINE DEED DISTANCE(100.00) CONIFEROUS TREE BUILDING CANOPY GAS METER BENCH ELECTRIC MANHOLE GAS VALVE GATE VALVE / HYDRANT SANITARY MANHOLE STORM MANHOLE STORM CATCH BASIN RETAINING WALL BLOCK RETAINING WALL STONE RETAINING WALL RIGHT-OF-WAY LINE DECIDUOUS TREE 0 SCALE IN FEET 20 40 VICINITY MAPLEGEND SURVEY NOTES Description from title commitment: XXX The following notes correspond to the reference numbers listed in Schedule B, Section 2 of the title commitment. [X].xxx. Affects the surveyed property. Easement(s) are shown on the survey. [X].xxx. This item is not plotted hereon because it does not affect the subject property. [X].xxx. This item is not plotted hereon because the description of this easement is ambiguous and, therefore, the surveyor is not able to ascertain the exact location thereof. SUBJECT PROPERTY 1.The surveyor has depicted the property corner monuments, or the witness to the corner that were found during the field work, and set property corner monuments, or witnesses to the corner, at the locations where there did not appear to be any evidence of an existing monument. 2.The property address is shown on the graphical portion of the survey. 3.dŚĞƐƵďũĞĐƚƉƌŽƉĞƌƚLJůŝĞƐǁŝƚŚŝŶ&ůŽŽĚWůĂŝŶŽŶĞyʹΖƌĞĂƐƚŽďĞĚĞƚĞƌŵŝŶĞĚŽƵƚƐŝĚĞƚŚĞϬ͘Ϯй annual chance floodplain', as depicted by scaled map location and graphic plotting according to FEMA, FIRM Map No. 27053C0369F dated 11/04/2016. 4.The gross land area of the subject property is 1.228 Acres or 53,512 Square Feet. 7a.The buildings and exterior dimensions of the outside wall at ground level are shown on the survey, which may or may not be the foundation wall. 8.Visible substantial features observed in the process of conducting the fieldwork are shown hereon. 9.There are no striped parking stalls situated on the subject property. 11.A Gopher State One Call (GSOC) request was placed on 02/16/207 for utility locates on this site and assigned GSOC Ticket No. 17047081. The surveyor makes no guarantees that the underground utilities shown hereon comprise all such utilities in the area, either in service or abandoned. Utility suppliers often do not respond to these requests in the field but may provide maps, plans, and drawings in lieu of physical location. Utility information shown hereon is a compilation of the provided map information and those visible utilities and marked utilities which were located during the survey field work. The surveyor further does not warrant that the underground utilities shown hereon are in the exact location as indicated, although they are located as accurately as possible from the available information. The surveyor has not physically located the underground utilities. Pursuant to MS 216.D contact Gopher State One Call at (651-454-0002) prior to any excavation. 13.The names of adjoining land owners according to the current county tax records are shown on the survey. "TABLE A" NOTES CERTIFICATION Project Location Certification Sheet Title Summary Revision History Sheet No.Revision Project No. Date Submittal / RevisionNo.By Designed:Drawn: Approved:Book / Page: Phase:Initial Issued: Client INTERSTATE DEVELOPMENT PLAZA 66 IN RICHFIELD RICHFIELD, MN DL RMB 1241/50 MM/DD/YYYY 20706 NI C O L L E T A V E 66TH ST E 70TH ST E PO R T L A N D A V E 16 T H A V E S 17 T H A V E S 35W 62 77 52 35 53 SITE * Tree Number Size Tree Name 2182 37 Maple - Silver (acer saccharinum) 2183 13 Maple - Sugar (Acer saccharum) 2184 30 Maple - Silver (acer saccharinum) 2185 32 Maple - Silver (acer saccharinum) 2186 25 Maple - Silver (acer saccharinum) 2187 6 Ash - Green (Fraxinus pennsylvanica) 2188 5 Ash - Green (Fraxinus pennsylvanica) 2189 9 Box Elder (Acer negundo) 2190 7 Box Elder (Acer negundo) 2191 15 Crab Apple (Malus spp.) 2192 27 Ash - Green (Fraxinus pennsylvanica) 2193 34 Maple - Silver (acer saccharinum) 2194 9 Crab Apple (Malus spp.) 2195 19 Ash - Green (Fraxinus pennsylvanica) 2196 14 Birch - Paper (Betula papyrifera) 2197 13, 40'Fir - Balsam (Abies balsamea) 2198 13, 40'Fir - Balsam (Abies balsamea) 2199 29 Ash - Green (Fraxinus pennsylvanica) 2200 3 Oak - White (Quercus alba) 7783 26 Maple - Sugar (Acer saccharum) 7784 12 Oak - Red (Quercus rubra) 7785 12, 40'Fir - Balsam (Abies balsamea) 7786 22 Ash - Green (Fraxinus pennsylvanica) TREE TAG LIST Mar 02, 2017 - 9:10am - User:dleimbach L:\PROJECTS\20706\dwg\Survey\20706-ALTA.dwg 1/1 ALTA/NSPS LAND TITLE SURVEY LANDSCAPE MULCH SURFACE LOT 1 BLOCK 1 Project Location Date Submittal / RevisionNo. Certification Sheet Title Summary Revision History Sheet No.Revision Project No. By Designed:Drawn: Approved:Book / Page: Phase:Initial Issue: Client INTERSTATE DEVELOPMENT 6930 CARLSON DR, EDEN PRAIRIE, MN 55346 PLAZA 66 IN RICHFIELD RICHFIELD, MN DL RMB 1241/50 03/17/2017 20706 OVERHEAD ELECTRICAL WIRE LIGHT SANITARY SEWER STORM SEWER WATERMAIN UNDERGROUND FIBER OPTICGUY ANCHOR UTILITY POLE GUARD POST UNDERGROUND TELEPHONE UNDERGROUND GAS CHAIN LINK FENCE WOOD FENCE BUILDING LINE CONCRETE CURB BITUMINOUS SURFACE CONCRETE SURFACE SIGN TREE LINE FOUND PINCHED TOP IRON PIPE EASEMENT LINE SETBACK LINE RESTRICTED ACCESSSET MONUMENT MARKED LS 21729 SECTION LINE UNDERLYING / ADJACENT LOT TIE LINE BOUNDARY LINE DEED DISTANCE(100.00) CONIFEROUS TREE BUILDING CANOPY GAS METER BENCH ELECTRIC MANHOLE GAS VALVE GATE VALVE / HYDRANT SANITARY MANHOLE STORM MANHOLE STORM CATCH BASIN RETAINING WALL BLOCK RETAINING WALL STONE RETAINING WALL RIGHT-OF-WAY LINE DECIDUOUS TREE 0 SCALE IN FEET 20 40 VICINITY MAP LEGEND NI C O L L E T A V E 66TH ST E 70TH ST E PO R T L A N D A V E 16 T H A V E S 17 T H A V E S 35W 62 77 52 35 53 SITE * LANDSCAPE MULCH SURFACE Mar 16, 2017 - 11:58am - User:dleimbach L:\PROJECTS\20706\dwg\Survey\20706-PPLAT.dwg 1/1 PRELIMINARY PLAT 1.Subject property's addresses and property identification numbers are shown on the survey. 2.The gross area of the subject property and area of proposed Lot 1, Block 1 is 1.417 Acres or 61,742 Square Feet. 3.dŚĞƐƵďũĞĐƚƉƌŽƉĞƌƚLJŝƐnjŽŶĞĚʹϮ͕'ĞŶĞƌĂůŽŵŵĞƌĐŝĂů͕ƉĞƌŝƚLJŽĨZŝĐŚĨŝĞůĚnjŽŶŝŶŐŵĂƉĚĂƚĞĚ 04/2016. Lots 1, 2, 3, 14, 15, and 16, Block 1, CEDAR-SUNRISE ADDITION, according to the recorded plat thereof, Hennepin County, Minnesota TOGETHER WITH That part of vacated 17th Avenue South described as follows: Beginning at the northeast corner of Block 1, CEDAR-SUNRISE ADDITION, according to the recorded plat thereof, Hennepin County, Minnesota; thence on an assumed bearing of South 00 degrees 06 minutes 08 seconds East, along the west line of said vacated 17th Avenue South, a distance of 200.47 feet to the southeast corner of Lot 3 of said Block 1; thence North 89 degrees 57 minutes 16 seconds East, along the easterly prolongation of the south line of said Lot 3, a distance of 60.00 feet to the intersection of the easterly prolongation of the south line of said Lot 3 with the east line of said vacated 17th Avenue South; thence North 00 degrees 06 minutes 08 seconds West, along said east line of vacated 17th Avenue South, a distance of 73.86 feet; thence North 25 degrees 26 minutes 49 seconds West a distance of 140.17 feet to the point of beginning. 1.The bearing system for this survey is based on the north line of Block 1, CEDAR-SUNRISE ADDITION having an assumed bearing of South 89 degrees 55 minutes 57 seconds West. 2.A Gopher State One Call (GSOC) request was placed on 02/16/2017, under Ticket Number 170470481 for utility locates on this site. The underground utility locations, shown hereon, if any, are based upon locates from those utility providers that actually performed a locate as a result of this request. Utility suppliers often do not respond to these requests but may provide ambiguous maps, plans, and ĚƌĂǁŝŶŐƐŝŶůŝĞƵŽĨƉŚLJƐŝĐĂůůŽĐĂƚŝŽŶ͘dŚĞƐƵƌǀĞLJŽƌŵĂŬĞƐŶŽŐƵĂƌĂŶƚĞĞƐƚŚĂƚƚŚĞƵŶĚĞƌŐƌŽƵŶĚƵƚŝůŝƚŝĞƐ shown comprise all such utilities in the area, either in service or abandoned. Utility information shown hereon, if any, is a compilation of this map information and those visible utilities that were located during the survey field work. The surveyor further does not warrant that the underground utilities shown hereon, if any, are in the exact location as indicated, although he does certify that they are located as accurately as possible from information available. The surveyor has not physically located the underground utilities. Pursuant to MS 216.D contact Gopher State One Call at (651-454-0002) prior to any excavation. 3.Field work was completed on 02/23/2017. 4.The building(s) and exterior dimensions of the outside wall at ground level are shown on the survey. It may not be the foundation wall. 1.The vertical datum is based on NAVD88. The originating bench marks are 2785 D and BR 7269 SE, both referenced from the MnDOT Geodetic Database. BENCHMARK #1 Sanitary sewer manhole rim elevation at northwest corner of property. Elev.=846.81 BENCHMARK #2 Sanitary sewer manhole rim elevation at northeast corner of property. Elev.=846.29 DESCRIPTION PROPERTY SUMMARY SURVEY NOTES BENCHMARKS Registration No.Date: I hereby certify that this survey, plan or report was prepared by me or under my direct supervision and that I am a duly Licensed LAND SURVEYOR under the laws of the State of Minnesota. If applicable, contact us for a wet signed copy of this survey which is available upon request at Sambatek's, Minnetonka, MN office. 03/16/201721729 Rick M. Blom LOT 1 BLOCK 1 KNOW ALL PERSONS BY THESE PRESENTS: That Interstate Industrial, LLC, a Minnesota limited liability company, fee owner, of the following described property situated in the County of Hennepin, State of Minnesota, to wit: Lots 1, 2, 3, 14, 15, and 16, Block 1, CEDAR-SUNRISE ADDITION TOGETHER WITH That part of vacated 17th Avenue South described as follows: Beginning at the northeast corner of Block 1, CEDAR-SUNRISE ADDITION, according to the recorded plat thereof, Hennepin County, Minnesota; thence on an assumed bearing of South 00 degrees 06 minutes 08 seconds East, along the west line of said vacated 17th Avenue South, a distance of 200.47 feet to the southeast corner of Lot 3 of said Block 1; thence North 89 degrees 57 minutes 16 seconds East, along the easterly prolongation of the south line of said Lot 3, a distance of 60.00 feet to the intersection of the easterly prolongation of the south line of said Lot 3 with the east line of said vacated 17th Avenue South; thence North 00 degrees 06 minutes 08 seconds West, along said east line of vacated 17th Avenue South, a distance of 73.86 feet; thence North 25 degrees 26 minutes 49 seconds West a distance of 140.17 feet to the point of beginning. Has caused the same to be surveyed and platted as PLAZA 66 IN RICHFIELD, and does hereby dedicate to the public for public use forever the drainage and utility easements as shown on this plat. In witness whereof said Interstate Industrial, LLC, a Minnesota limited liability company, has caused these presents to be signed by its proper officer this _______ day of ____________________, 20___. SIGNED: Interstate Industrial, LLC By: , as STATE OF COUNTY OF The foregoing instrument was acknowledged before me this _______ day of ____________________, 20___, by , as of Interstate Industrial, LLC, a Minnesota limited liability company, on behalf of the company. Notary Public, County, Notary Printed Name My Commission Expires I, Rick M. Blom, do hereby certify that this plat was prepared by me or under my direct supervision; that I am a duly Licensed Land Surveyor in the State of Minnesota; that this plat is a correct representation of the boundary survey; that all mathematical data and labels are correctly designated on this plat; that all monuments depicted on this plat have been, or will be correctly set within one year; that all water boundaries and wet lands, as defined in Minnesota Statutes, Section 505.01, Subd. 3, as of the date of this certificate are shown and labeled on this plat; and all public ways are shown and labeled on this plat. Dated this day of , 20 . Rick M. Blom, Licensed Land Surveyor, Minnesota License No. 21729 STATE OF MINNESOTA COUNTY OF The foregoing instrument was acknowledged before me this _______ day of ____________________, 20___, by Rick M. Blom, a Licensed Land Surveyor. Notary Public, County, Minnesota Notary Printed Name My Commission Expires RICHFIELD, MINNESOTA This plat of PLAZA 66 IN RICHFIELD was approved and accepted by the City Council of Richfield, Minnesota, at a regular meeting thereof held this ______ day of ____________________, 20___. If applicable, the written comments and recommendations of the Commissioner of Transportation and the County Highway Engineer have been received by the City or the prescribed 30-day period has elapsed without receipt of such comments and recommendations, as provided by Minnesota Statutes, Section 505.03, Subdivision 2. City Council, Richfield, Minnesota By: Mayor By: Manager RESIDENT AND REAL ESTATE SERVICES, Hennepin County, Minnesota I hereby certify that taxes payable in 20___ and prior years have been paid for land described on this plat, dated this _______ day of _________________, 20___. Mark V. Chapin, County Auditor By: , Deputy SURVEY DIVISION, Hennepin County, Minnesota Pursuant to Minnesota Statutes Section 383B.565 (1969), this plat has been approved this _______ day of _________________, 20___. Chris F. Mavis, County Surveyor By: COUNTY RECORDER, Hennepin County, Minnesota I hereby certify that the within plat of PLAZA 66 IN RICHFIELD was recorded in this office this _______ day of _________________, 20___, at ______ o'clock ____ .M. Martin McCormick, County Recorder By: , Deputy ENGINEERING, PLANNING AND LAND SURVEYING SAMBATEK, INC. PLAZA 66 IN RICHFIELD DENOTES 1/2 INCH BY 14 INCH IRON MONUMENT SET AND MARKED BY LICENSE NO. 21729. DENOTES 1/2 INCH PINCHED TOP IRON MONUMENT FOUND, UNLESS OTHERWISE NOTED. DENOTES FOUND HENNEPIN COUNTY CAST IRON MONUMENT, UNLESS OTHERWISE NOTED. THE NORTH LINE OF BLOCK 1, CEDAR-SUNRISE ADDITION IS ASSUMED TO HAVE A BEARING OF NORTH 89 DEGREES 55 MINUTES 57 SECONDS EAST. 0 SCALE IN FEET 0 SCALE IN FEET 20 40 C.R. DOC. NO. AGENDA SECTION:PROPOSED ORDINANCES AGENDA ITEM #7. STAFF REPORT NO. 83 CIT Y COUNCIL ME E T ING 5/24/2017 RE P O RT P RE PA RE D B Y: Melissa P oehlman, C ity P lanner D E PA RTM E NT D IRE C TOR RE V IE W: J ohn S tark, C ommunity D evelopment D i rector 5/16/2017 O TH E R D E PA RTM E NT RE V IE W: N/A C ITY M A NA G E R RE V IE W: S teven L . D evich, C ity Manager 5/17/2017 I T E M F O R C O UNC I L C O NS I D E RAT IO N: Consideration of the approval of the second r eading of an ordinance rez oning properties currently addressed as: 6601 - 16th Avenue, 6609 - 16th Avenue, 6615 - 16th Avenue, 6600 - 17th Avenue, 6608 - 17th Avenue, and 6614 - 17th Avenue from G eneral B usiness (C-2) to P lanned General Business (P C - 2) and approval of a resolution for a Planned U nit D evelopment at this same location. E X E C UT IV E S UM M ARY: The six parcels of land immediately south of 66th Street between 16th and 17th Avenues have been zoned for commercial use since 1968. At work sessions on February 9 and April 12, 2016, and J anuary 24, 2017, I nterstate Development (the Developer) presented c oncept plans to the City Council, Housing and Redevelopment A uthority, and Planning Commission for a multi-tenant commerc ial building on these properties. Based on feedbac k received at these meetings, the Developer has submitted a plan that includes an attractive building with four-sided architecture and direct pedestrian access to 66th Street. The development appropriately responds to the adjacent Three Rivers Regional Trail by providing bicy cle access and parking throughout the property. Although no tenants have been announc ed, the D eveloper has indicated that a c offee tenant would oc cupy the western-most space with the drive-thru and that negotiations are underway with a smaller restaurant chain that is not c urrently operating in or near Richfield for the eastern- most space with patio seating. The proposed plans are c onsistent with all but two Zoning Code requirements. These requirements c an be adjusted under the terms of the Planned Unit Development. 1. Businesses with drive-thru servic e are conditionally permitted in this Distric t; however, the proposed drive-thru window is 3 feet closer to the adjac ent residential property line than permitted by Code (147 ft. vs. 150 ft). 2. The proposed buffer between the parking lot and the adjac ent residential property line is 4.5 feet narrower than required (10.5 feet vs. 15 feet). The intent of these regulations is to protect adjacent residential property owners from nuisanc es related to headlights and noise. Staff believes that the proposed c ombination of fencing (8 ft) and landsc aping will adequately address potential visual disturbance from vehicles in the parking lot. The component of the drive- thru that does not meet standards is the window, not the order station. The order station is 176 feet from the nearest residential property line and exceeds requirements. The pick-up window, whic h would not include speaker components will be 3 feet closer to the property line than ty pic ally allowed. Given the fac t that this is the window and not the order board, combined with the fac t that it is westward fac ing makes staff c onfident that this 3-foot adjustment will not harm the adjacent property. W hile the order board does meet minimum requirements, staff added a stipulation to the resolution requiring that the drive-thru speaker system include Automatic Volume Control (AV C) to adjust based on ambient noise. Staff and the Developer attended a neighborhood meeting on April 20 to discuss this proposal. A number of area residents also spoke at the public hearing held before the Planning Commission on April 24. The primary concern mentioned was potential traffic increases on 16th Avenue. Noise and light pollution were also mentioned. Community Development and Public W orks staff indicated that discussions related to 16th Avenue would continue and the Planning Commission voted (6-1, Hoberg dissenting) to recommend approval of the proposed development. Community D evelopment, Public W orks, and Fire Department staff met to disc uss what, if any, measures should be taken to address a potential traffic inc rease on 16th Avenue. The recommendation of the group is to channelize the exit lane in order to direct traffic north on 16th Avenue. This rec ommendation and the reasoning behind it was communicated to the neighborhood in writing and at a meeting held on May 16. Staff made c lear that the proposed resolution includes a stipulation requiring traffic monitoring after the development opens and that if traffic increases above ac ceptable residential thresholds, road modifications would be considered. Residents in attendance submitted the attac hed petition requesting that 16th Avenue be made a dead end south of the development. RE C O M M E ND E D AC T IO N: By Motion: 1. Approve the second reading of an ordinance rez oning Lots 1, 2, 3, 14, 15, and 16, Block 1, Cedar S unrise Addition from General B usiness (C -2) to Planned Gener al Business (P C-2); and 2. Approve a r esolution approving a Planned U nit D evelopment, Conditional Use Permit, and Final Development Plan for a multi-tenant commercial development to be built on properties legally described as Lots 1, 2, 3, 15, and 16, B lock 1, Cedar Sunrise Addition, and adjacent right-of-way. B AS IS O F RE C O M M E ND AT IO N: A.H IS TOR IC AL C ON TEXT The six properties south of 66th Street between 16th Avenue and 17th Avenue have been zoned for c ommercial development since 1968. The properties have been guided for c ommercial development in the C omprehensive Plan since 1982. The c onstruc tion of the roundabout at Ric hfield Parkway and 66th S treet resulted in the closing of the northern end of 17th Avenue. Redevelopment of this area would eliminate the need for much of this right-of-way and the Developer has requested its vacation. The P ublic W orks Department is supportive of this request. B.P OL IC IE S (resolutions, ordinances, regulations, statutes, etc): There are a number of sets of review c riteria that apply to this proposal. A full discussion of all requirements is included as an attac hment to this report. Generally, the c riteria require that the Council find that the proposal conforms to the goals and policies of the C omprehensive Plan and Zoning C ode without having undue adverse impac ts on public health, safety, and welfare. Traffic counts were taken on 16th Avenue between 66th and 67th Streets between Thursday, April 27 and Monday, May 1 (see attached record). Residential streets that are not adjac ent to major roads typically have volumes around 500 c ars per day. The counts taken of between 550 and 675 are ty pic al of residential roads abutting major c ollectors. The threshold for intervention is 1,000 cars per day. Neighbors have expressed concerns about c ut-through traffic (westbound 66th Street to southbound Bloomington Avenue). This is expec ted to be reduced with the 66th Street rec onstruc tion to be completed this summer. The new 66th Street design will include a turn lane from 66th Street to Bloomington Avenue with left-turn phasing. The option to dead-end 16th Avenue is not supported by staff primarily due to the negative impac ts on emergency response to the area. I f approved and constructed, staff will monitor traffic volumes and patterns. I f volumes were to exceed the residential threshold or other substantial conc erns arose, then modific ations to 16th Avenue would be considered. C.C R IT IC AL T IMIN G ISSU E S: A complete application was received and the "60-day c lock" started on April 10, 2017. The Council must make a decision, or extend the deadline by an additional 60 day s, by J une 9, 2017. D.F IN AN C IAL IMPAC T: The required applic ation fees have been paid. The HRA approved the sale of 6608 – 17th Avenue and the remnant parc els to the developer on May 15, 2017. E.L E GAL C ON S ID E R AT ION : The Planning Commission held a public hearing related to this item on April 27, 2017. Notic e of the public hearing was published in the Sun Current Newspaper and mailed to properties with 350 feet of the proposal. Draft P lanning C ommission minutes are attac hed. Other Ac tions: Tentative Schedule May 24, 2017 Council: 1st reading of ordinanc e to vacate adjacent right-of-way and utility easements. J une 13, 2017 (tentative) Council: Public Hearing and 2nd reading of ordinance vacating adjacent right- of-way. Public Hearing to consider preliminary /final plat. ALT E R N AT IV E R E C O MME N D AT IO N(S): Approve the attac hed ordinanc e and resolution with modific ations. Deny the requests with findings that detail how the proposal does not meet C ity requirements. P R IN C IPAL PAR TIE S EXP E C T E D AT ME E T IN G: Lonnie Provenc her, I nterstate Development AT TAC H ME N TS : D escripti on Type Ordinance Ordinance Resolution Resolution L etter Required F i ndings E xhibit P roposed P lans E xhibit P lanning & Zoning Maps E xhibit 04-24-17 D raft P C Minutes B ackup Materi al Traffic C ounts E xhibit Resident P eti ti on B ackup Materi al ORDINANCE NO. ______ AN ORDINANCE RELATING TO ZONING; AMENDING APPENDIX I TO THE RICHFIELD CITY CODE BY REZONING LOTS 1-3 AND 14-16, BLOCK 1, CEDAR SUNRISE ADDITION AS PLANNED GENERAL BUSINESS (PC-2) THE CITY OF RICHFIELD DOES ORDAIN: Section 1. Section 3, Paragraph (75) of Appendix I of the Richfield Zoning Code is amended to read as follows: (75) M-9 (15th to Cedar16th Avenue and East 66th Street). That area lying between the center lines of 15th and a line 33 feet east of the center line of Cedar Avenue16th Avenues, and between the center line of 66th Street and a line distant 250 feet southerly thereof and parallel thereto; except that area where zone PC-2 (5) overlaps with said zone in the block bounded by Cedar and 18th Avenues and by 66th and 67th Streets. Sec. 2. Section 3, of Appendix I of the Richfield Zoning Code is amended by adding new Paragraphs (93) and (94) as follows: (93) M-9 (17th Avenue/Richfield Parkway to 18th Avenue, South of 66th). Lots 1-3 and 14-16, Block 2, Wexlers Addn. (94) M-9 (18th Avenue to Cedar Avenue, South of 66th). That area lying between the center lines of 18th Avenue and a line 33 feet east of the center line of Cedar Avenue, and between the center line of 66 th Street and a line distant 250 feet southerly thereof and parallel thereto; except that area where zone PC-2 (5) overlaps with said zone. Sec. 3. Section 7, of Appendix I of the Richfield Zoning Code is amended by adding new Paragraph (13) as follows: (13) M-9 (16th to 17th Avenue, South of 66th). Lot 1, Block 1, Plaza 66 in Richfield Addition. Sec. 4. This ordinance is effective in accordance with Section 3.09 of the Richfield City Charter. Pat Elliott, Mayor ATTEST: Elizabeth VanHoose, City Clerk RESOLUTION NO. ______ RESOLUTION APPROVING A FINAL DEVELOPMENT PLAN AND CONDITIONAL USE PERMIT FOR A PLANNED UNIT DEVELOPMENT TO BE BUILT AT APPROXIMATELY 66TH STREET AND 16TH 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 allow construction of a multi-tenant commercial building on properties currently addressed as 6601 – 16th Ave., 6609 – 16th Ave., 6615 – 16th Ave., 6600 – 17th Ave., 6608 – 17th Ave., and 6614 – 17th Ave., and adjacent vacated right-of-way. The property is legally described as: Lots 1-3 and 14-16, Block 1, Cedar Sunrise Addition, Hennepin County, Minnesota; and That part of vacated 17th Avenue South described as follows: Beginning at the northeast corner of Block 1, CEDAR-SUNRISE ADDITION, according to the recorded plat thereof, Hennepin County, Minnesota; thence on an assumed bearing of South 00 degrees 06 minutes 08 seconds East, along the west line of said vacated 17th Avenue South, a distance of 200.47 feet to the southeast corner of Lot 3 of said Block 1; thence North 89 degrees 57 minutes 16 seconds East, along the easterly prolongation of the south line of said Lot 3, a distance of 60.00 feet to the intersection of the easterly prolongation of the south line of said Lot 3 with the east line of said vacated 17th Avenue South; thence North 00 degrees 06 minutes 08 seconds West, along said east line of vacated 17th Avenue South, a distance of 73.86 feet; thence North 25 degrees 26 minutes 49 seconds West a distance of 140.17 feet to the point of beginning. 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 April 24, 2017 meeting; and WHEREAS , notice of the public hearing was mailed to properties within 350 feet of the subject property on April 11, 2017 and published in the Sun-Current on February April 13, 2017; and WHEREAS , the requested final development plan and conditional use permit meet those 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 multi-tenant commercial development 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. • Vacation of right-of-way legally described above must be completed. • The property must be platted and the plat recorded prior the issuance of a certificate of occupancy. • The Developer must continue to work with Community Development and other City staff to finalize the following items. Items must be approved by Community Development prior to the issuance of a building permit. o The sidewalk connection directly to the north side door of the full-service restaurant space is required. Continue to discuss landscape, hardscape, and fencing in this area. o Continue to discuss direct sidewalk connection from east patio to parking lot. o Provide pedestrian access/crossing from 16th Avenue (west side) to building entrances. o Continue to discuss final location of transformer and required screening and/or artistic treatment. o Coordinate public art, decorative bike racks, and artistic wrap on transformer with City staff. o The Developer and City staff will work together to ensure that pedestrians traveling north from 17th Avenue are able to safely cross the eastern drive/exit. • Plans must include channelization to prohibit left turns from development south onto 16 th Avenue. • Odor control systems are required to mitigate cooking odors in accordance with City Code Subsection 544.27. • Drive-thru equipment specifications including information about noise levels and volume controls must be approved by the Community Development Director prior to installation. Equipment must include Automatic Volume Control (AVC). City noise ordinances shall apply. • An eight foot fence constructed of materials agreeable to owners of 6621 – 16th Avenue and 6620 17th Avenue is required between the development and said properties. • Separate sign permits are required. • All new utility service must be underground. • All utilities must be grouped away from public right-of-way and screened from public view in accordance with Ordinance requirements. A screening plan is required prior to the issuance of a Building Permit. • The property owner is responsible for the ongoing maintenance and tending of all landscaping in accordance with approved plans. • The applicant is responsible for obtaining all required permits, compliance with all requirements detailed in the City’s Administrative Review Committee Report dated April 3, 2017 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. • As-builts or $7,500 cash escrow must be submitted to the Public Works Department prior to issuance of a final certificate of occupancy. • The Public Works Department will monitor traffic counts and patterns following completion of the development. 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 24th day of May, 2017. Pat Elliott, 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): 1. 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 has designated these parcels as a spot for Community Commercial Business since 1982. In 2011, the City and Hennepin County developed a revitalization plan for the East 66 th Street Corridor (66 th Street Corridor Revitalization Plan). The Plan identified this southwest corner of the roundabout as a potential area of change, even leaving open the possibility for regional commercial development on a portion of this site. The plans are consistent with City plans that have been in place for many years. 2. The proposed development is designed in such a manner as to form a desirable and unified environment within its own boundaries. This requirement is met. Drive-thru traffic is limited, pedestrian connections to 66 th Street are strong, and bicycle parking is provided throughout the development. 3. The development is in substantial conformance with the purpose and intent of the guiding district, and departures from the guiding district regulations are justified by the design of the development. The development is in substantial compliance with the intent of the guiding C-2 District. Departures from requirements are minimal and the proposal meets the intent of requirements. 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. Undue adverse impacts are not anticipated. The site and the conditions of the resolution are designed to minimize any potential negative impacts on neighboring properties. Exiting traffic will be forced north via channelization within the driveway apron. Existing traffic counts are well- within residential thresholds and no significant change is anticipated. An 8- foot fence combined with landscaping and sound equipment equipped with Automatic Volume Control will protect adjacent residential properties from noise and headlight glare. Lighting plans meet City requirements and full cut- off fixtures will protect neighboring properties from light spill. 6. The terms and conditions proposed to maintain the integrity of the plan are sufficient to protect the public interest. The final development plan and conditional use permit resolution establish conditions sufficient to protect the public interest. Part 2: All uses are conditional uses in the PC-2 District. The findings necessary to issue a Conditional Use Permit (CUP) are as follows (Subd. 547.09, Subd. 6): 1. The proposed use is consistent with the goals, policies, and objectives of the City’s Comprehensive Plan . See above – Part 1, #1. 2. The proposed use is consistent with the purposes of the Zoning Code and the purposes of the zoning district in which the applicant intends to locate the proposed use. The use is consistent with the intent of the Planned General Business District and the underlying General Business Districts. 3. The proposed use is consistent with any officially adopted redevelopment plans or urban design guidelines . See above – Part 1, #1 4. The proposed use is or will be in compliance with the performance standards specified in Section 544 of this code. The proposed development is in substantial compliance with City performance standards. Deviation from Code requirements is requested as follows: • Parking lot setback – The applicant has proposed a 10.5-ft. setback from the south property line; the Code requires a 15-ft. setback. The intent of this provision is to provide adequate area to attractively screen the parking lot. The proposed buffer provides 100% screening of the parking lot through a combination of fencing and landscaping. The buffer area is large enough to support the plants selected and will provide an attractive barrier between the development and the homes to the south. 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 from undue adverse impacts. 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. SCALE IN FEET 0 4020 Project Location Date Submittal / RevisionNo. Certification Sheet Title Summary Revision History Sheet No.Revision Project No. By Designed:Drawn: Approved:Book / Page: Phase:Initial Issue: Client INTERSTATE DEVELOPMENT 6390 CARLSON DRIVE EDEN PRAIRIE, MN 55346 PLAZA 66 RICHFIELD, MN SW of 66TH ST E AND 17TH AVE S EAV JMW MGB PRELIMINARY 03/20/2017 20706 03/20/17 City Submittal PREL I M I N A R Y 04/10/17 Revised City Submittal Apr 10, 2017 - 1:03pm - User:evogel L:\PROJECTS\20706\dwg\Civil\Preliminary\20706-C201-EXCND.dwg C2.01 EXISTING CONDITIONS FOUND MONUMENT SET MONUMENT MARKED LS 47481 ELECTRIC METER LIGHT SANITARY SEWER STORM SEWER WATERMAIN FLARED END SECTION ELECTRIC TRANSFORMER AIR CONDITIONER GUY ANCHOR HANDICAP STALL UTILITY POLE POST SIGN TELEPHONE PEDESTAL GAS METER EASEMENT LINE SETBACK LINE RESTRICTED ACCESS BUILDING LINE BUILDING CANOPY CONCRETE CURB BITUMINOUS SURFACE CONCRETE SURFACE LANDSCAPE SURFACE DECIDUOUS TREE CONIFEROUS TREE OVERHEAD WIRE CHAIN LINK FENCE IRON FENCE WIRE FENCE WOOD FENCE LEGEND 1.Subject property's addresses and property identification numbers are shown on the survey. 2.The gross area of the subject property and area of proposed Lot 1, Block 1 is 1.417 Acres or 61,742 Square Feet. 3.dŚĞƐƵďũĞĐƚƉƌŽƉĞƌƚLJŝƐnjŽŶĞĚʹϮ͕'ĞŶĞƌĂůŽŵŵĞƌĐŝĂů͕ƉĞƌŝƚLJŽĨZŝĐŚĨŝĞůĚnjŽŶŝŶŐŵĂƉĚĂƚĞĚ 04/2016. Lots 1, 2, 3, 14, 15, and 16, Block 1, CEDAR-SUNRISE ADDITION, according to the recorded plat thereof, Hennepin County, Minnesota TOGETHER WITH That part of vacated 17th Avenue South described as follows: Beginning at the northeast corner of Block 1, CEDAR-SUNRISE ADDITION, according to the recorded plat thereof, Hennepin County, Minnesota; thence on an assumed bearing of South 00 degrees 06 minutes 08 seconds East, along the west line of said vacated 17th Avenue South, a distance of 200.47 feet to the southeast corner of Lot 3 of said Block 1; thence North 89 degrees 57 minutes 16 seconds East, along the easterly prolongation of the south line of said Lot 3, a distance of 60.00 feet to the intersection of the easterly prolongation of the south line of said Lot 3 with the east line of said vacated 17th Avenue South; thence North 00 degrees 06 minutes 08 seconds West, along said east line of vacated 17th Avenue South, a distance of 73.86 feet; thence North 25 degrees 26 minutes 49 seconds West a distance of 140.17 feet to the point of beginning. 1.The bearing system for this survey is based on the north line of Block 1, CEDAR-SUNRISE ADDITION having an assumed bearing of South 89 degrees 55 minutes 57 seconds West. 2.A Gopher State One Call (GSOC) request was placed on 02/16/2017, under Ticket Number 170470481 for utility locates on this site. The underground utility locations, shown hereon, if any, are based upon locates from those utility providers that actually performed a locate as a result of this request. Utility suppliers often do not respond to these requests but may provide ambiguous maps, plans, and ĚƌĂǁŝŶŐƐŝŶůŝĞƵŽĨƉŚLJƐŝĐĂůůŽĐĂƚŝŽŶ͘dŚĞƐƵƌǀĞLJŽƌŵĂŬĞƐŶŽŐƵĂƌĂŶƚĞĞƐƚŚĂƚƚŚĞƵŶĚĞƌŐƌŽƵŶĚƵƚŝůŝƚŝĞƐ shown comprise all such utilities in the area, either in service or abandoned. Utility information shown hereon, if any, is a compilation of this map information and those visible utilities that were located during the survey field work. The surveyor further does not warrant that the underground utilities shown hereon, if any, are in the exact location as indicated, although he does certify that they are located as accurately as possible from information available. The surveyor has not physically located the underground utilities. Pursuant to MS 216.D contact Gopher State One Call at (651-454-0002) prior to any excavation. 3.Field work was completed on 02/23/2017. 4.The building(s) and exterior dimensions of the outside wall at ground level are shown on the survey. It may not be the foundation wall. 1.The vertical datum is based on NAVD88. The originating bench marks are 2785 D and BR 7269 SE, both referenced from the MnDOT Geodetic Database. BENCHMARK #1 Sanitary sewer manhole rim elevation at northwest corner of property. Elev.=846.81 BENCHMARK #2 Sanitary sewer manhole rim elevation at northeast corner of property. Elev.=846.29 DESCRIPTION PROPERTY SUMMARY SURVEY NOTES BENCHMARKS SCALE IN FEET 0 4020 Project Location Date Submittal / RevisionNo. Certification Sheet Title Summary Revision History Sheet No.Revision Project No. By Designed:Drawn: Approved:Book / Page: Phase:Initial Issue: Client INTERSTATE DEVELOPMENT 6390 CARLSON DRIVE EDEN PRAIRIE, MN 55346 PLAZA 66 RICHFIELD, MN SW of 66TH ST E AND 17TH AVE S EAV JMW MGB PRELIMINARY 03/20/2017 20706 Registration No.Date: I hereby certify that this plan, specification or report was prepared by me or under my direct supervision and that I am a duly licensed professional ENGINEER under the laws of the state of Minnesota. If applicable, contact us for a wet signed copy of this plan which is available upon request at Sambatek's, Minnetonka, MN office. 03/20/201750860 Michael G. Bultman 03/20/17 City Submittal PREL I M I N A R Y 04/10/17 Revised City Submittal Apr 10, 2017 - 1:03pm - User:evogel L:\PROJECTS\20706\dwg\Civil\Preliminary\20706-C301-SITE.dwg C3.01 SITE PLAN AREA EXISTING SITE AREA VACATED CITY ROW TOTAL SITE AREA SETBACKS FRONT YARD REAR YARD SIDE YARD ZONING EXISTING ZONING PROPOSED ZONING BUILDING REQUIREMENTS ϵ͘ϬΖϵϬΣ^d>>^ ADA STALLS 1.ALL DIMENSIONS ARE ROUNDED TO THE NEAREST TENTH FOOT. 2.ALL DIMENSIONS SHOWN ARE TO THE FACE OF CURB TO FACE OF CURB UNLESS OTHERWISE NOTED. 3.KEdZdKZ^,>>Zs/tWsDEd'Z/EdEKE^dZhd͞'hddZKhd͟t,ZtdZ Z/E^tz&ZKDhZ͘>>Kd,ZZ^^,>>KE^dZhd^͞'hddZ/E͟hZ͘ COORDINATE WITH GRADING CONTRACTOR. 4.ALL AREAS ARE ROUNDED TO THE NEAREST SQUARE FOOT. 5.ALL PARKING STALLS TO BE 9' IN WIDTH AND 19' IN LENGTH UNLESS OTHERWISE INDICATED. 6.CONTRACTOR SHALL REFER TO ARCHITECTURAL PLANS FOR EXACT LOCATIONS AND DIMENSIONS OF EXIT PORCHES, RAMPS, PRECISE BUILDING DIMENSIONS AND EXACT BUILDING UTILITY ENTRANCE LOCATIONS. 7.SEE ARCHITECTURAL PLANS FOR LIGHT POLE FOUNDATION DETAIL AND FOR EXACT LOCATIONS OF LIGHT POLE. 8.REFER TO FINAL PLAT FOR LOT BOUNDARIES, LOT NUMBERS, LOT AREAS, AND LOT DIMENSIONS. 9.ALL GRADIENTS ON SIDEWALKS ALONG THE ADA ROUTE SHALL HAVE A MAXIMUM LONGITUDINAL SLOPE OF 5% (1:20), EXCEPT AT CURB RAMPS (1:12), AND A MAXIMUM CROSS SLOPE OF 2.08% (1:48). THE MAXIMUM SLOPE IN ANY DIRECTION ON AN ADA PARKING STALL OR ACCESS ISLE SHALL BE 2.08% (1:48). THE CONTRACTOR SHALL REVIEW AND VERIFY THE GRADIENT IN THE FIELD ALONG THE ADA ROUTES PRIOR TO PLACING CONCRETE OR BITUMINOUS PAVEMENT. THE CONTRACTOR SHALL NOTIFY THE ENGINEER IMMEDIATELY IF THERE IS A DISCREPANCY BETWEEN THE GRADIENT IN THE FIELD VERSUS THE DESIGN GRADIENT AND COORDINATE WITH GRADING CONTRACTOR. 10."NO PARKING" SIGNS SHALL BE PLACED ALONG ALL DRIVEWAYS AS REQUIRED BY CITY. LEGEND EASEMENT CURB & GUTTER BUILDING RETAINING WALL SAWCUT LINE NUMBER OF PARKING STALLS PER ROW SIGN PIPE BOLLARD STANDARD DUTY ASPHALT PAVING CONCRETE PAVING PROPERTY LIMIT EXISTINGPROPOSED KEY NOTE DEVELOPMENT SUMMARY DEVELOPMENT NOTES KEY NOTES WETLAND LIMITS TREELINE A.BUILDING, STOOPS, STAIRS (SEE ARCHITECTURAL PLANS) B.B-612 CONCRETE CURB AND GUTTER C.B-618 CONCRETE CURB AND GUTTER D.INTERIOR TRASH AREA (SEE ARCHITECTURAL PLANS) E.FLAT CURB SECTION F.COORDINATE SIGN RELOCATION WITH HENNEPIN COUNTY G.ACCESSIBLE RAMP (DESIGN PER CITY STANDARDS) H.TRANSFORMER PAD (FINAL LOCATION & SIZE TO BE DETERMINED) I.CURB TRANSITION J.ACCESSIBLE SIGNAGE K.INTEGRAL CURB & SIDEWALK L.CONCRETE PATIO (SEE ARCHITECTURAL PLANS) M.PATIO FENCE (DESIGN BY OTHERS) N.LIGHT POLE (DESIGN BY OTHERS) O.(2) 6" RISERS W/ 12" TREAD (RAILING DESIGN BY OTHERS) P.MENU BOARD (SEE ARCHITECTURAL PLANS) 53,512 SF 1.23 AC 8,230 SF 0.19 AC 61,742 SF 1.42 AC PUD PUD PUD XXX PUD 69 STALLS 3 STALLS THE SUBSURFACE UTILITY INFORMATION SHOWN ON THESE PLANS IS A UTILITY QUALITY LEVEL XX. THIS QUALITY LEVEL WAS DETERMINED ACCORDING TO THE GUIDELINES OF ASCE/CI 38-02, TITLED "STANDARD GUIDELINES FOR THE COLLECTION AND DEPICTION OF EXISTING SUBSURFACE UTILITY DATA." THE CONTRACTOR AND/OR SUBCONTRACTORS SHALL DETERMINE THE EXACT LOCATION OF ALL EXISTING UTILITIES BEFORE COMMENCING WORK, BY CONTACTING THE NOTIFICATION CENTER (GOPHER STATE ONE FOR MINNESOTA). THE CONTRACTOR AND/OR SUBCONTRACTOR AGREE TO BE FULLY RESPONSIBLE FOR ANY AND ALL DAMAGES, WHICH MIGHT BE OCCASIONED BY HIS OR HER FAILURE TO EXACTLY LOCATE AND PRESERVE ANY AND ALL UTILITIES (UNDERGROUND AND OVERHEAD). IF THE CONTRACTOR ENCOUNTERS ANY DRAIN TILE WITHIN THE SITE, HE OR SHE SHALL NOTIFY THE ENGINEER WITH THE LOCATION, SIZE, INVERT AND IF THE TILE LINE IS ACTIVE. NO DRAIN TILE SHALL BE BACKFILLED WITHOUT APPROVAL FROM THE PROJECT ENGINEER. IT SHALL BE THE RESPONSIBILITY OF THE CONTRACTOR TO RELOCATE ALL EXISTING UTILITIES WHICH CONFLICT WITH THE PROPOSED IMPROVEMENTS SHOWN ON THE PLANS. EXISTING BITUMINOUS TRAIL SCALE IN FEET 0 4020 LANDSCAPE LEGEND SOD - ALL SOD TO BE IRRIGATED RIVER ROCK BOULDERS 18"-36" (7) PLACED AROUND CURB RIVER ROCK BOULDERS 6"-12" (10) AT EACH CUB INLET AND PIPE OUTLET 1 2 3 STEEL EDGER4 1.5" RIVER ROCK PER CIVIL DETAIL5 LIST CODE HERE PLANT TYPE REQUIRED PROVIDED DEVELOPABLE AREA REQUIREMENT = 24 INTERIOR PLANTING ISLAND = 4 PERIMETER PLANTINGS = 8 TOTAL PLANTINGS 36 OVER STORY TREES 16 EVERGREEN TREES 10 ORNAMENTAL TREES 0 26 CITY LANDSCAPE CODE Project Location Date Submittal / RevisionNo. Certification Sheet Title Summary Revision History Sheet No.Revision Project No. By Designed:Drawn: Approved:Book / Page: Phase:Initial Issue: Client INTERSTATE DEVELOPMENT 6390 CARLSON DRIVE EDEN PRAIRIE, MN 55346 PLAZA 66 RICHFIELD, MN SW of 66TH ST E AND 17TH AVE S EAV JMW MGB PRELIMINARY 03/20/2017 20706 03/20/17 City Submittal PREL I M I N A R Y 04/10/17 Revised City Submittal Apr 10, 2017 - 1:04pm - User:evogel L:\PROJECTS\20706\dwg\Civil\Preliminary\20706-L101-LAND.dwg L1.01 LANDSCAPE PLAN Registration No.Date: I hereby certify that this survey, plan or report was prepared by me or under my direct supervision and that I am a duly Licensed LANDSCAPE ARCHITECT under the laws of the State of Minnesota. This certification is not valid unless wet signed in blue ink. If applicable, contact us for a wet signed copy of this survey which is available upon request at Sambatek, Minnetonka, MN office. 03/20/201740252 William L. Delaney TREES BOTANICAL NAME / COMMON NAME CONT CAL QTY Quercus bicolor / Swamp White Oak B & B 2.5"Cal 7 Tilia americana `Boulevard` / Boulevard Linden B & B 2.5"Cal 5 Ulmus americana `Princeton` / American Elm B & B 2.5"Cal 4 ORN. TREES BOTANICAL NAME / COMMON NAME CONT CAL QTY Amelanchier canadensis `Autumn Brilliance` / Autumn Brilliance Serviceberry B & B 2"Cal 9 Syringa reticulata / Japanese Tree Lilac B & B 2"Cal 1 SHRUBS BOTANICAL NAME / COMMON NAME CONT QTY Aronia melanocarpa `Autumn Magic` / Autumn Magic Black Chokeberry 5 gal 36 Cornus sericea `Alleman`s Compact` / Dwarf Red Twig Dogwood 5 gal 10 Diervilla lonicera / Dwarf Bush Honeysuckle 5 gal 36 Hydrangea paniculata `Jane` / Little Lime Hydrangea 5 gal 21 Rhus aromatica `Gro-Low` / Gro-Low Fragrant Sumac 5 gal 25 Spiraea betulifolia `Tor` / Birchleaf Spirea 5 gal 6 Syringa x `Bloomerang` / Lilac 5 gal 20 PERENNIALS BOTANICAL NAME / COMMON NAME CONT QTY Hemerocallis x `Baja` / Baja Daylily 1 gal 37 PLANT SCHEDULE Tree Tag List Tree Number Size Tree Name 2182 37 Maple - Silver (acer saccharinum) 2183 13 Maple - Sugar (Acer saccharum) 2184 30 Maple - Silver (acer saccharinum) 2185 32 Maple - Silver (acer saccharinum) 2186 25 Maple - Silver (acer saccharinum) 2187 6 Ash - Green (Fraxinus pennsylvanica) 2188 5 Ash - Green (Fraxinus pennsylvanica) 2189 9 Box Elder (Acer negundo) 2190 7 Box Elder (Acer negundo) 2191 15 Crab Apple (Malus spp.) 2192 27 Ash - Green (Fraxinus pennsylvanica) 2193 34 Maple - Silver (acer saccharinum) 2194 9 Crab Apple (Malus spp.) 2195 19 Ash - Green (Fraxinus pennsylvanica) 2196 14 Birch - Paper (Betula papyrifera) 2197 13, 40'Fir - Balsam (Abies balsamea) 2198 13, 40'Fir - Balsam (Abies balsamea) 2199 29 Ash - Green (Fraxinus pennsylvanica) 2200 3 Oak - White (Quercus alba) 7783 26 Maple - Sugar (Acer saccharum) 7784 12 Oak - Red (Quercus rubra) 7785 12, 40'Fir - Balsam (Abies balsamea) 7786 22 Ash - Green (Fraxinus pennsylvanica) TREE REMOVAL/PRESERVATION *REFER TO SHEET C2.01 (EXISTING CONDITIONS) FOR EXISTING TREE TAG LOCATIONS BIKE RACK (4) - DERO - BIKE BIKE RACK6 CEDAR FENCE 6' HEIGHT, OPAQUE7 ALL PLANTINGS TO BE IRRIGATED WITH DRIP SYSTEM PER SPECIFICATION 1 7 A C 17 2 ' - 0 " 6 2 ' - 0 " 2 3 4 5 33 ' - 4 " 33 ' - 4 " 25 ' - 0 " 25 ' - 0 " 22 ' - 0 " 33' - 4"6 2 ' - 5 " 1 2 ' - 1 1 " 4 ' - 8 " 3 ' - 4 " 5' - 9 1 / 2 " 5' - 1 1 / 2 " 6' - 0 " 5' - 1 1 / 2 " 8' - 2 1 / 2 " 16 ' - 3 " 8' - 2 1 / 2 " 15 ' - 4 " 8' - 0 " 27 ' - 4 " 8' - 0 " 16 ' - 8 " 8' - 0 " 24 ' - 0 " 32' - 0" 17 2 ' - 0 " 4' - 8 " 6' - 0 " 4' - 8 " 3' - 4 " 4' - 8 " 3' - 4 " 4' - 8 " 3' - 4 " 4' - 8 " 3' - 4 " 5' - 4 " 6' - 0 " 5' - 4 " 8' - 1 0 " 6' - 4 " 8' - 10"4' - 0"4' - 0"23' - 7"62' - 0"8' - 3"4' - 0"4' - 0"4' - 0"4' - 0"4' - 0"4' - 0"12' - 0"16' - 11" 4' - 4 " 4' - 4 " 4' - 4 " 4' - 8 " 4' - 4 " 3' - 1 1 / 2 " 4' - 8 " 3' - 1 1 / 2 " 4 ' - 8 " 4 ' - 8 " 4 ' - 0 " 4 ' - 8 " 4 ' - 8 " 8 ' - 0 " 8' - 2 1 / 2 " 10 ' - 1 1 " 8' - 2 1 / 2 " 13 ' - 4 " 8' - 0 " 29 ' - 4 " 8' - 0 " 22 ' - 0 " 8' - 0 " 24 ' - 0 " 2 3 ' - 4 " 8 ' - 0 " 2 2 ' - 8 " 8 ' - 0 " 4' - 9 " 3' - 1 0 " 4' - 9 " 4' - 8 " 4' - 8 " 5' - 4 " 4' - 8"4' - 8"4' - 0"4' - 0"23' - 7" 4' - 0 " 4' - 8 " 3' - 8 " 4' - 8 " 3' - 8 " 4' - 8 " 4' - 0 " B 3 4 ' - 0 " 2 8 ' - 0 " 1, 9 0 0 G R O S S S F 1 , 9 7 8 G R O S S S F 1 , 5 2 2 G R O S S S F 1 , 5 2 2 G R O S S S F 3 , 1 8 4 G R O S S S F ME C H 10 5 G S F TR A S H / R E C . 20 0 G S F OD O R C O N T R O L S Y S T E M PR O V I D E D W H E R E RE Q U I R E D , T Y P . A RCHITECTURE, I N C Copyright 2016 DJR Architecture, Inc. C B A D 4 3 2 1333 Washington Ave N, Suite 210 Minneapolis, Minnesota 55401 612.676.2700 www.djr-inc.com I hereby certify that this plan, specification,or report was prepared by me or under my direct supervision and that I am a duly Licensed Architect under the laws of the State of Minnesota.PRINT NAME SIGNATURE REGISTRATION NUMBER DATE CLIENT Issue: Date:Project #:Date:Drawn by:Checked by:CONTRACTOR STRUCTURAL CIVIL PRELIMINARY; NOT FOR CONSTRUCTION A100FLOOR PLAN - LEVEL 1 Richfield, MinnesotaApprover3-15-17 16-110 3-15-17 CW SN P L A Z A 6 6Designer 1 / 8 " = 1 ' - 0 " H1 FL O O R P L A N - L E V E L 1 N L1 FLOOR 100' - 0"ROOF 118' - 4"1 7 2 3 4 5 6 1 5 ' - 2 " 4 ' - 0 " 2 7 ' - 1 1 " L1 FLOOR 100' - 0"ROOF 118' - 4"A C B 5' - 10"4' - 0"15' - 2"L1 FLOOR 100' - 0"ROOF 118' - 4" 1 7 2 3 4 5 6 18' - 4"4' - 0"12' - 0"27' - 11"STONE VENEER PREFINISHED METAL EI F S SI G N A G E B Y T E N A N T PR E F I N I S H E D M E T A L PA N E L CLEAR ANNODIZED ALUMINUM STOREFRONT IN T E G R A L L Y C O L O R E D C O N C R E T E B L O C K & S I L L DE C O R A T I V E W A L L S C O N C E S , T Y P . A L L L1 F L O O R 10 0 ' - 0 " RO O F 11 8 ' - 4 " A C B A RCHITECTURE, I N C Copyright 2016 DJR Architecture, Inc. C B A D 4 3 2 1333 Washington Ave N, Suite 210 Minneapolis, Minnesota 55401 612.676.2700 www.djr-inc.com I hereby certify that this plan, specification,or report was prepared by me or under my direct supervision and that I am a duly Licensed Architect under the laws of the State of Minnesota.PRINT NAME SIGNATURE REGISTRATION NUMBER DATE CLIENT Issue: Date:Project #:Date:Drawn by:Checked by:CONTRACTOR STRUCTURAL CIVIL PRELIMINARY; NOT FOR CONSTRUCTION A200EXTERIOR ELEVATIONS Richfield, MinnesotaApprover3-15-17 16-110 3-15-17 CW SN P L A Z A 6 6Designer 1 / 8 " = 1 ' - 0 " B1 NO R T H E X T E R I O R E L E V A T I O N 1 / 8 " = 1 ' - 0 " A3 EA S T E X T E R I O R E L E V A T I O N 1 / 8 " = 1 ' - 0 " A1 SO U T H E X T E R I O R E L E V A T I O N 1 / 8 " = 1 ' - 0 " B3 WE S T E X T E R I O R E L E V A T I O N A4 VI E W F R O M N E B4 VI E W F R O M N W C2 VI E W F R O M S W PL A Z A 6 6 Ri c h f i e l d , M i n n e s o t a Northeast Perspective 4 - 1 0 - 2 0 1 7 16-110 PL A Z A 6 6 Ri c h f i e l d , M i n n e s o t a Northwest Perspective 4 - 1 0 - 2 0 1 7 16-110 PL A Z A 6 6 Ri c h f i e l d , M i n n e s o t a Southeast Perspective 4 - 1 0 - 2 0 1 7 16-110 PL A Z A 6 6 Ri c h f i e l d , M i n n e s o t a Southwest Perspective 4 - 1 0 - 2 0 1 7 16-110 PAGE 1 OF 1 Drawn By: SANDY Date:4/10/2017 Scale: AS NOTED Revisions # Date Comments LI G H T N G C O D E S O R O R D I N A N C E S . GE N E R A L N O T E S : A. P U L S E P R O D U C T S D O E S N O T A S S U M E R E S P O N S I B I L I T Y FO R T H E I N T E R P R E T A T I O N O F T H I S C A L C U L A T I O N O R CO M P L A I N C E T O T H E L O C A L , S T A T E , O R F E D E R A L B. L I G H T I N G L A Y O U T I S N O T I N T E N D E D F O R C O N S T R U C T I O N DO C U M E N T S B U T O N L Y T O I L L U S T R A T E T H E P E R F O R M A N C E OF T H E P R O D U C T . C. A L L R E A D I N G S / C A L C U L A T I O N S S H O W N A R E S H O W N O N OB J E C T S / S U R F A C E S . PLAZA 66 RICHFIELD, MNChecked By: TRENT Lu m i n a i r e S c h e d u l e Sy m b o l Qt y La b e l Lu m i n a i r e L o c a t i o n S u m m a r y Lu m N o La b e l X Y Ar r a n g e m e n t LL F De s c r i p t i o n Ar r . W a t t s Lum. Lumens Z Ca l c u l a t i o n S u m m a r y Or i e n t Ti l t 28 AA 53 4 2 6 7 . 2 13 3 5 8 4 . 7 8 La b e l Ca l c T y p e Un i t s 27 0 0 Av g Ma x Mi n 29 Av g / M i n Ma x / M i n SI T E G R O U N D AA 53 4 3 2 6 . 4 13 3 5 8 5 . 4 8 27 0 0 30 AA 53 4 3 9 6 . 5 13 3 5 8 6 . 5 8 Il l u m i n a n c e 27 0 0 31 BB 53 4 1 6 3 . 7 13 3 6 0 0 . 7 24 0 0 Fc 1. 1 1 32 3. 8 0. 0 AA 53 4 2 2 5 . 4 N. A . N. A . 13 3 6 1 3 . 9 SO U T H P R O P E R T Y L I N E Il l u m i n a n c e Fc 8 18 0 0 0. 9 0 1. 0 0. 7 1. 2 9 1. 4 3 34 CC 53 4 3 2 1 . 5 13 3 5 1 7 . 1 24 PA R K I N G L O T Il l u m i n a n c e Fc 1. 9 3 -9 9 0 3. 8 0. 8 0 35 CC 53 4 1 9 5 . 4 13 3 5 1 6 . 9 24 90 0 36 CC 53 4 4 3 9 . 6 13 3 5 1 7 . 4 24 2. 4 1 4. 7 5 -9 9 0 4 AA SI N G L E 0. 9 0 0 WA C W S - 6 6 2 0 A 1 1 2 9 1 3 W A L L M O U N T A T 8 F T 23 . 4 1146 1 BB SI N G L E 0. 9 0 0 MC G R A W G L E O N - A F - 0 3 - L E D - E 1 - S L 4 - H S S M O U N T O N 2 2 F T P O L E W I T H 2 F T B A S E 16 6 14749 3 CC SI N G L E 0. 9 0 0 MC G R A W G L E O N - A F - 0 5 - L E D - E 1 - 5 W Q M O U N T O N 2 2 F T P O L E W I TH 2 F T B A S E 27 9 31336 0 Pl a n V i e w Sc a l e : 1 i n c h = 3 0 F t . BB AA AA AA AA CC CC CC 0. 1 0 . 1 0 . 1 0 . 1 0 . 1 0 . 2 0 . 2 0 . 2 0 . 2 0 . 2 0 . 2 0 . 2 0 . 2 0 . 2 0 . 2 0 . 2 0 . 2 0. 2 0 . 2 0. 1 0 . 1 0 . 2 0 . 2 0 . 3 0 . 3 0 . 3 0 . 3 0 . 4 0 . 4 0 . 4 0 . 4 0 . 4 0 . 4 0 . 4 0 . 4 0 . 4 0. 4 0 . 4 0 . 4 0 . 4 0 . 4 0 . 4 0 . 4 0 . 4 0 . 4 0 . 4 0 . 4 0 . 4 0 . 4 0 . 4 0 . 4 0 . 4 0 . 4 0.3 0.3 0.3 0.3 0.2 0.2 0. 1 0 . 2 0 . 3 0 . 3 0 . 4 0 . 5 0 . 5 0 . 6 0 . 6 0 . 6 0 . 6 0 . 6 0 . 5 0 . 5 0 . 5 0 . 5 0 . 5 0. 5 0 . 5 0 . 6 0 . 6 0 . 6 0 . 6 0 . 6 0 . 6 0 . 6 0 . 6 0 . 6 0 . 6 0 . 6 0 . 6 0 . 6 0 . 6 0 . 6 0.6 0.5 0.5 0.4 0.3 0.3 0.2 0. 1 0 . 2 0 . 3 0 . 5 0 . 6 0 . 7 0 . 8 0 . 8 0 . 9 0 . 9 0 . 9 0 . 8 0 . 8 0 . 7 0 . 7 0 . 7 0 . 7 0. 7 0 . 8 0 . 8 0 . 9 0 . 9 0 . 9 0 . 9 0 . 8 0 . 8 0 . 8 0 . 8 0 . 8 0 . 8 0 . 8 0 . 9 0 . 9 0 . 9 0.8 0.8 0.7 0.6 0.5 0.4 0.2 0.2 0.1 0. 2 0 . 3 0 . 4 0 . 6 0 . 8 1 . 0 1 . 1 1 . 1 1 . 2 1 . 2 1 . 2 1 . 1 1 . 0 0 . 9 0 . 9 0 . 8 0 . 9 1. 0 1 . 1 1 . 1 1 . 2 1 . 2 1 . 2 1 . 2 1 . 1 1 . 1 1 . 0 1 . 0 1 . 0 1 . 1 1 . 1 1 . 2 1 . 2 1 . 1 1.1 1.1 1.0 0.8 0.6 0.4 0.3 0.2 0.1 0.1 0.0 0. 2 0 . 3 0 . 5 0 . 7 1 . 0 1 . 3 1 . 4 1 . 5 1 . 5 1 . 5 1 . 5 1 . 5 1 . 3 1 . 1 1 . 0 1 . 0 1 . 1 1. 3 1 . 4 1 . 5 1 . 5 1 . 6 1 . 6 1 . 5 1 . 5 1 . 3 1 . 2 1 . 2 1 . 2 1 . 4 1 . 5 1 . 5 1 . 5 1 . 5 1.5 1.4 1.3 1.0 0.8 0.5 0.3 0.2 0.1 0.1 0.0 0.0 0. 2 0 . 3 0 . 5 0 . 8 1 . 1 1 . 5 1 . 8 2 . 0 2 . 2 2 . 2 2 . 0 1 . 9 1 . 6 1 . 3 1 . 2 1 . 1 1 . 2 1. 5 1 . 8 2 . 0 2 . 1 2 . 2 2 . 1 2 . 0 1 . 8 1 . 5 1 . 4 1 . 4 1 . 4 1 . 6 1 . 9 2 . 0 2 . 1 2 . 2 2.0 1.9 1.6 1.2 0.9 0.6 0.4 0.2 0.1 0.1 0.0 0.0 0.0 0. 2 0 . 4 0 . 6 0 . 9 1 . 2 1 . 7 2 . 2 2 . 6 2 . 8 2 . 7 2 . 5 2 . 2 1 . 7 1 . 4 1 . 3 1 . 3 1 . 4 1. 6 2 . 0 2 . 4 2 . 7 2 . 8 2 . 7 2 . 4 2 . 0 1 . 7 1 . 5 1 . 5 1 . 5 1 . 7 2 . 1 2 . 5 2 . 7 2 . 8 2.6 2.3 1.8 1.3 1.0 0.7 0.4 0.2 0.1 0.1 0.0 0.0 0. 2 0 . 4 0 . 7 1 . 0 1 . 3 1 . 8 2 . 4 2 . 8 3 . 1 3 . 0 2 . 8 2 . 4 1 . 8 1 . 5 1 . 4 1 . 4 1 . 4 1. 7 2 . 1 2 . 7 2 . 9 3 . 2 3 . 0 2 . 7 2 . 2 1 . 8 1 . 6 1 . 6 1 . 6 1 . 8 2 . 3 2 . 8 3 . 0 3 . 2 2.9 2.5 1.9 1.4 1.0 0.7 0.4 0.3 0.1 0.1 0.0 0.0 0. 2 0 . 4 0 . 7 1 . 0 1 . 3 1 . 8 2 . 5 2 . 8 3 . 4 3 . 2 2 . 8 2 . 4 1 . 9 1 . 6 1 . 4 1 . 4 1 . 5 1. 7 2 . 2 2 . 8 3 . 0 3 . 5 3 . 0 2 . 8 2 . 3 1 . 8 1 . 6 1 . 6 1 . 7 1 . 8 2 . 4 2 . 8 3 . 1 3 . 5 2.9 2.6 1.9 1.4 1.0 0.7 0.4 0.3 0.1 0.1 0.0 0. 2 0 . 4 0 . 7 0 . 9 1 . 3 1 . 7 2 . 3 2 . 8 3 . 1 3 . 0 2 . 8 2 . 4 1 . 9 1 . 5 1 . 4 1 . 4 1 . 4 1. 6 2 . 1 2 . 6 2 . 9 3 . 0 2 . 9 2 . 6 2 . 1 1 . 7 1 . 6 1 . 6 1 . 6 1 . 8 2 . 2 2 . 7 2 . 9 3 . 0 2.8 2.4 1.8 1.3 1.0 0.7 0.4 0.3 0.1 0.1 0.0 0. 2 0 . 4 0 . 6 0 . 9 1 . 2 1 . 7 2 . 2 2 . 6 2 . 9 2 . 8 2 . 6 2 . 2 1 . 8 1 . 5 1 . 3 1 . 3 1 . 3 1. 5 1 . 9 2 . 2 2 . 5 2 . 7 2 . 5 2 . 3 2 . 0 1 . 6 1 . 5 1 . 5 1 . 5 1 . 7 2 . 0 2 . 3 2 . 5 2 . 6 2.4 2.1 1.7 1.3 0.9 0.6 0.4 0.2 0.1 0.1 0. 2 0 . 3 0 . 5 0 . 8 1 . 1 1 . 7 2 . 3 2 . 6 2 . 6 2 . 5 2 . 3 2 . 1 1 . 8 1 . 4 1 . 2 1 . 2 1 . 2 1. 4 1 . 7 1 . 8 1 . 9 1 . 9 1 . 9 1 . 8 1 . 7 1 . 5 1 . 3 1 . 3 1 . 3 1 . 5 1 . 7 1 . 8 1 . 9 1 . 9 1.8 1.7 1.5 1.2 0.8 0.6 0.4 0.2 0.1 0.1 0. 2 0 . 3 0 . 5 0 . 7 0 . 9 1 . 8 2 . 7 2 . 8 2 . 7 2 . 4 2 . 2 1 . 9 1 . 6 1 . 3 1 . 1 1 . 1 1 . 1 1. 2 1 . 3 1 . 3 1 . 4 1 . 4 1 . 4 1 . 4 1 . 3 1 . 2 1 . 1 1 . 1 1 . 2 1 . 3 1 . 4 1 . 4 1 . 4 1 . 4 1.3 1.3 1.2 1.0 0.7 0.5 0.3 0.2 0.1 0. 2 0 . 3 0 . 4 0 . 6 0 . 7 2 . 0 3 . 4 3 . 2 2 . 8 2 . 4 2 . 0 1 . 6 1 . 3 1 . 1 1 . 0 1 . 1 1 . 1 1. 0 1 . 0 1 . 0 1 . 1 1 . 3 1 . 3 1 . 1 1 . 0 1 . 0 1 . 0 1 . 0 1 . 1 1 . 1 1 . 1 1 . 1 1 . 1 1 . 1 1.0 1.0 0.9 0.7 0.6 0.4 0.3 0.2 0.1 0. 1 0 . 2 0 . 3 0 . 4 0 . 6 2 . 1 3 . 8 3 . 3 2 . 8 2 . 2 1 . 8 1 . 4 1 . 1 0 . 9 0 . 9 1 . 9 2 . 2 0. 9 0 . 7 0 . 8 0 . 9 2 . 0 1 . 9 0 . 9 0 . 8 0 . 7 0 . 7 0 . 9 1 . 7 1 . 7 0 . 9 0 . 8 0 . 8 0 . 8 0.7 0.7 0.6 0.5 0.4 0.3 0.2 0.1 0. 1 0 . 2 0 . 2 0 . 3 0 . 5 2 . 0 3 . 3 3 . 2 2 . 6 2 . 0 1 . 5 1 . 2 2. 3 0 . 7 0 . 5 0 . 5 0 . 5 0 . 5 0 . 4 0 . 4 0 . 3 0 . 3 0 . 2 0 . 2 0. 1 0 . 1 0 . 2 0 . 2 0 . 4 2 . 2 3 . 7 3 . 6 2 . 8 1 . 9 1 . 4 1 . 2 0. 6 0 . 4 0 . 3 0 . 3 0 . 3 0 . 3 0 . 3 0 . 2 0 . 2 0 . 2 0 . 2 0 . 1 0. 1 0 . 1 0 . 1 0 . 2 0 . 3 1 . 8 3 . 2 3 . 1 2 . 4 1 . 7 1 . 5 2 . 6 0. 2 0 . 2 0 . 2 0 . 2 0 . 2 0 . 2 0 . 2 0. 0 0 . 1 0 . 1 0 . 1 0 . 2 1 . 5 3 . 1 2 . 7 2 . 1 1 . 6 1 . 4 2 . 4 0. 1 0. 0 0 . 0 0 . 0 0 . 1 0 . 1 1 . 4 2 . 8 2 . 5 1 . 9 1 . 5 1 . 2 0 . 9 0. 0 0 . 0 0 . 0 0 . 0 0 . 0 0 . 8 1 . 8 1 . 7 1 . 5 1 . 2 1 . 0 0 . 7 0. 0 0 . 0 0 . 0 0 . 0 0 . 0 0 . 4 0 . 9 1 . 0 1 . 0 0 . 8 0 . 6 0 . 5 0. 0 0 . 0 0 . 0 0 . 0 0 . 0 0 . 1 0 . 3 0 . 4 0 . 4 0 . 4 0 . 3 0 . 3 0. 0 0 . 0 0 . 0 0 . 0 0 . 0 0 . 0 0 . 1 0 . 1 0 . 1 0 . 2 0 . 2 0 . 1 0. 0 0 . 0 0 . 0 0 . 0 0 . 0 0 . 0 0 . 0 0 . 0 0 . 0 0 . 0 0 . 1 0 . 1 0. 7 0 . 8 0 . 9 1 . 0 1 . 0 1 . 0 0 . 9 0 . 9 0 . 8 0 . 8 0 . 8 0 . 8 0 . 8 0 . 9 0 . 9 1 . 0 1 . 0 1. 0 1 . 0 1 . 0 0 . 9 0 . 9 0 . 9 0 . 9 0 . 9 0 . 9 1 . 0 1 . 0 1 . 0 1 . 0 0 . 9 0 . 8 0 . 7 1 f c 1 f c 1 f c 1 f c 1 fc 1 fc 1 f c 1 f c 1 f c 0. 5 f c 0. 5 f c 0. 5 f c 0.5 fc 0.5 fc 0. 5 f c 0. 5 f c 0. 5 f c 0. 2 5 f c 0. 2 5 f c 0. 2 5 f c 0.25 fc 0.25 fc 0.25 fc 0. 2 5 f c GL E O N S E R I E S VI E S E R I E S LOT 1 BLOCK 1 KNOW ALL PERSONS BY THESE PRESENTS: That Interstate Industrial, LLC, a Minnesota limited liability company, fee owner, of the following described property situated in the County of Hennepin, State of Minnesota, to wit: Lots 1, 2, 3, 14, 15, and 16, Block 1, CEDAR-SUNRISE ADDITION TOGETHER WITH That part of vacated 17th Avenue South described as follows: Beginning at the northeast corner of Block 1, CEDAR-SUNRISE ADDITION, according to the recorded plat thereof, Hennepin County, Minnesota; thence on an assumed bearing of South 00 degrees 06 minutes 08 seconds East, along the west line of said vacated 17th Avenue South, a distance of 200.47 feet to the southeast corner of Lot 3 of said Block 1; thence North 89 degrees 57 minutes 16 seconds East, along the easterly prolongation of the south line of said Lot 3, a distance of 60.00 feet to the intersection of the easterly prolongation of the south line of said Lot 3 with the east line of said vacated 17th Avenue South; thence North 00 degrees 06 minutes 08 seconds West, along said east line of vacated 17th Avenue South, a distance of 73.86 feet; thence North 25 degrees 26 minutes 49 seconds West a distance of 140.17 feet to the point of beginning. Has caused the same to be surveyed and platted as PLAZA 66 IN RICHFIELD, and does hereby dedicate to the public for public use forever the drainage and utility easements as shown on this plat. In witness whereof said Interstate Industrial, LLC, a Minnesota limited liability company, has caused these presents to be signed by its proper officer this _______ day of ____________________, 20___. SIGNED: Interstate Industrial, LLC By: , as STATE OF COUNTY OF The foregoing instrument was acknowledged before me this _______ day of ____________________, 20___, by , as of Interstate Industrial, LLC, a Minnesota limited liability company, on behalf of the company. Notary Public, County, Notary Printed Name My Commission Expires I, Rick M. Blom, do hereby certify that this plat was prepared by me or under my direct supervision; that I am a duly Licensed Land Surveyor in the State of Minnesota; that this plat is a correct representation of the boundary survey; that all mathematical data and labels are correctly designated on this plat; that all monuments depicted on this plat have been, or will be correctly set within one year; that all water boundaries and wet lands, as defined in Minnesota Statutes, Section 505.01, Subd. 3, as of the date of this certificate are shown and labeled on this plat; and all public ways are shown and labeled on this plat. Dated this day of , 20 . Rick M. Blom, Licensed Land Surveyor, Minnesota License No. 21729 STATE OF MINNESOTA COUNTY OF The foregoing instrument was acknowledged before me this _______ day of ____________________, 20___, by Rick M. Blom, a Licensed Land Surveyor. Notary Public, County, Minnesota Notary Printed Name My Commission Expires RICHFIELD, MINNESOTA This plat of PLAZA 66 IN RICHFIELD was approved and accepted by the City Council of Richfield, Minnesota, at a regular meeting thereof held this ______ day of ____________________, 20___. If applicable, the written comments and recommendations of the Commissioner of Transportation and the County Highway Engineer have been received by the City or the prescribed 30-day period has elapsed without receipt of such comments and recommendations, as provided by Minnesota Statutes, Section 505.03, Subdivision 2. City Council, Richfield, Minnesota By: Mayor By: Manager RESIDENT AND REAL ESTATE SERVICES, Hennepin County, Minnesota I hereby certify that taxes payable in 20___ and prior years have been paid for land described on this plat, dated this _______ day of _________________, 20___. Mark V. Chapin, County Auditor By: , Deputy SURVEY DIVISION, Hennepin County, Minnesota Pursuant to Minnesota Statutes Section 383B.565 (1969), this plat has been approved this _______ day of _________________, 20___. Chris F. Mavis, County Surveyor By: COUNTY RECORDER, Hennepin County, Minnesota I hereby certify that the within plat of PLAZA 66 IN RICHFIELD was recorded in this office this _______ day of _________________, 20___, at ______ o'clock ____ .M. Martin McCormick, County Recorder By: , Deputy ENGINEERING, PLANNING AND LAND SURVEYING SAMBATEK, INC. PLAZA 66 IN RICHFIELD DENOTES 1/2 INCH BY 14 INCH IRON MONUMENT SET AND MARKED BY LICENSE NO. 21729. DENOTES 1/2 INCH PINCHED TOP IRON MONUMENT FOUND, UNLESS OTHERWISE NOTED. DENOTES FOUND HENNEPIN COUNTY CAST IRON MONUMENT, UNLESS OTHERWISE NOTED. THE NORTH LINE OF BLOCK 1, CEDAR-SUNRISE ADDITION IS ASSUMED TO HAVE A BEARING OF NORTH 89 DEGREES 55 MINUTES 57 SECONDS EAST. 0 SCALE IN FEET 0 SCALE IN FEET 20 40 C.R. DOC. NO. DRAFT Planning Commission Minutes April 24, 2017 MEMBERS PRESENT: Chairperson Erin Vrieze Daniels, Commissioners Sean Hayford Oleary, Gordon Vizecky, Susan Rosenberg, Dan Kitzberger, Bryan Pynn and Allysen Hoberg STAFF PRESENT: Melissa Poehlman, City Planner Matt Brillhart, Associate Planner Jeff Pearson, City Engineer John Stark, Community Development Director OTHERS PRESENT: Lonnie Provencher, Interstate Development See Item #2 and attached sign-in sheet for additional speakers Chairperson Vrieze Daniels called the meeting to order at 7:00 p.m. APPROVAL OF MINUTES M/Vizecky, S/Rosenberg to approve the minutes of the March 27, 2017 meeting. Motion carried: 7-0 OPEN FORUM No members of the public spoke. PUBLIC HEARING(S) ITEM #1 17-CUP-02, 17-VAR-01 – Consider a request for a conditional use permit and variances to allow a buffet restaurant to operate in the former Old Country Buffet space at 6601 Nicollet Avenue. Associate Planner Matt Brillhart presented the staff report and shared a letter from a nearby property owner. In response to a question from Commissioner Hayford Oleary regarding the odor control complaint process, Brillhart stated that the Zoning Code does not specify a set number of complaints. Staff and the City Attorney concurred that at a minimum, the City would require two unique complaints related to odors from verified addresses within 150 feet of the property before taking action to require installation of odor control equipment. Nikki Bodurtha (6633 1st Avenue) expressed concerns with the lack of a set process for addressing complaints related to odors. M/Vizecky, S/Rosenberg to close the public hearing. Motion carried: 7-0 Commissioner Rosenberg stated concerns with granting a variance justified on the length of time the space had been vacant and stated that the one year rule should be upheld. April 24, 2017 2 M/Vizecky, S/Hayford Oleary to recommend approval of the CUP and variances. Motion carried: 6-1 (Rosenberg dissenting) ITEM #2 17-RZN-01, 17-CUP-01, 17-FDP-01, 17-PUD-01 – Consider approval of a multi-tenant commercial development at 66th Street East, between 16th and 17th Avenues. The proposal would replace four existing single-family homes and eliminate approximately 120 feet of 17th Avenue (in front of 6608 and 6614 - 17th Avenue). This area is currently zoned for commercial development. City Planner Melissa Poehlman presented the staff report. City Engineer Jeff Pearson gave an overview of potential traffic impacts and possible mitigation solutions. Community Development Director John Stark summarized the recent neighborhood meeting regarding the proposal and noted that the proposed 6 foot tall fence could be increased to 8 feet. In response to a question from Chairperson Vrieze Daniels, Pearson stated that completely eliminating the access onto 16th Avenue could put too much pressure on the entrance on Richfield Parkway. The effects would have to be studied further. In response to questions from Commissioner Hayford Oleary, Poehlman stated that lighting levels could not exceed 1 footcandle at the property line and the proposal meets this requirement. Poehlman stated that the proposal meets the City’s parking requirements. Ten speakers expressed concerns with the potential for the development to generate additional traffic on 16th Avenue and expressed concerns with the drive-thru related to noise and privacy. Several suggested closing off 16th Avenue south of the development. One speaker adjacent to the development expressed support for the project, conditioned on support for an 8-foot fence. One speaker expressed concern with the loss of residences. The following individuals spoke at the public hearing: Dan Hinrichs 6638 16th Ave Jane Peterson 6639 16th Ave Rissa Pahl 6645 16th Ave Rosie Hinrichs 6638 16th Ave Larry Nelson 6633 16th Ave Liz Berres 6732 17th Ave Bill Killian 6620 17th Ave Courtney Zellmer 6621 16th Ave Kim Houle 7001 15th Ave Tyler Hoyt 6621 16th Ave David Vrchota 6614 17th Ave Terry Straub 7430 Portland Ave Lonnie Provencher of Interstate Development presented a sketch of possible options for traffic control modifications on 16th Avenue. M/Vizecky, S/Rosenberg to close the public hearing. April 24, 2017 3 Motion carried: 7-0 In response to a question from Chair Vrieze Daniels, Engineer Pearson stated that the City was not prepared to take a position on the full closure of 16th Avenue at this time, as it would need to be reviewed by the Engineering, Maintenance, Public Safety, and Fire Departments. Chair Vrieze Daniels suggested tabling the item until the May Planning Commission meeting so those questions could be resolved. Commissioner Hoberg concurred. Commissioners Hayford Oleary and Vizecky countered that the development had been in the works for some time and had already made revisions to improve the project. Vizecky stated that the development itself was unlikely to change and that traffic flow and street closures were not the function of the Planning Commission. Poehlman stated that the resolution as written included a stipulation that the access on 16th be channelized in some way, and stated that revisions could be included when the item goes before the City Council for a second reading. M/Vizecky, S/Hayford Oleary to recommend approval of the land use applications. Commissioner Hayford Oleary inquired if tenants were required to use doors facing 66th Street. Poehlman responded in the affirmative and noted there might be one tenant in the middle of the building that does not have a door facing the street. Commissioner Hayford Oleary also noted the lack of a pedestrian connection from the 16th Avenue sidewalk. Motion carried: 6-1 (Hoberg dissenting) OTHER BUSINESS ITEM #3 PC LETTER #5 – Consider the attached resolution finding that the sale of 6608 17th Avenue and the adjacent remnant parcels by the Housing and Redevelopment Authority for future redevelopment as a commercial property is consistent with the Richfield Comprehensive Plan. Poehlman presented the staff report. M/Vizecky, S/Hayford Oleary to approve the resolution. Motion carried: 7-0 LIAISON REPORTS Community Services Advisory Commission: Chairperson Vrieze Daniels – parks master plan City Council: Commissioner Rosenberg – No report HRA: Commissioner Hoberg – Seasons Park apartments sold to Aeon Richfield School Board: Commissioner Kitzberger – No report Transportation Commission: Commissioner Hayford Oleary – No report Chamber of Commerce: Commissioner Vizecky – Salute to Small Businesses event on 4/26 CITY PLANNER’S REPORT There is a survey/map online regarding the Comprehensive Plan update. ADJOURNMENT M/Vizecky, S/Rosenberg to adjourn the meeting. The meeting was adjourned by unanimous consent at 8:34 p.m. April 24, 2017 4 _____________________ Gordon Vizecky Secretary PicoCount 2500 V2.30 15052117 1 6600 Block 16th Avenue 16:00 Counts for upcoming development 30 Min Total Street Volume Total Street Volume Total Street Volume Total Street Volume Total Street Volume Start to End Start to End Start to End Start to End Start to End 0:00 to 0:29 3 0:00 to 0:29 1 0:00 to 0:29 8 0:00 to 0:29 2 0:30 to 0:59 0 0:30 to 0:59 5 0:30 to 0:59 9 0:30 to 0:59 0 1:00 to 1:29 2 1:00 to 1:29 3 1:00 to 1:29 0 1:00 to 1:29 2 1:30 to 1:59 2 1:30 to 1:59 3 1:30 to 1:59 1 1:30 to 1:59 0 2:00 to 2:29 0 2:00 to 2:29 0 2:00 to 2:29 3 2:00 to 2:29 0 2:30 to 2:59 2 2:30 to 2:59 0 2:30 to 2:59 3 2:30 to 2:59 1 3:00 to 3:29 4 3:00 to 3:29 2 3:00 to 3:29 1 3:00 to 3:29 0 3:30 to 3:59 0 3:30 to 3:59 2 3:30 to 3:59 2 3:30 to 3:59 1 4:00 to 4:29 6 4:00 to 4:29 3 4:00 to 4:29 1 4:00 to 4:29 1 4:30 to 4:59 1 4:30 to 4:59 0 4:30 to 4:59 1 4:30 to 4:59 2 5:00 to 5:29 2 5:00 to 5:29 6 5:00 to 5:29 2 5:00 to 5:29 2 5:30 to 5:59 8 5:30 to 5:59 6 5:30 to 5:59 1 5:30 to 5:59 5 6:00 to 6:29 6 6:00 to 6:29 4 6:00 to 6:29 1 6:00 to 6:29 10 6:30 to 6:59 12 6:30 to 6:59 6 6:30 to 6:59 2 6:30 to 6:59 10 7:00 to 7:29 22 7:00 to 7:29 11 7:00 to 7:29 10 7:00 to 7:29 21 7:30 to 7:59 19 7:30 to 7:59 10 7:30 to 7:59 5 7:30 to 7:59 24 8:00 to 8:29 18 8:00 to 8:29 8 8:00 to 8:29 9 8:00 to 8:29 17 8:30 to 8:59 8 8:30 to 8:59 11 8:30 to 8:59 12 8:30 to 8:59 15 9:00 to 9:29 24 9:00 to 9:29 14 9:00 to 9:29 9 9:00 to 9:29 16 9:30 to 9:59 8 9:30 to 9:59 25 9:30 to 9:59 22 9:30 to 9:59 19 10:00 to 10:29 14 10:00 to 10:29 21 10:00 to 10:29 18 10:00 to 10:29 10 10:30 to 10:59 14 10:30 to 10:59 17 10:30 to 10:59 16 10:30 to 10:59 17 11:00 to 11:29 17 11:00 to 11:29 32 11:00 to 11:29 20 11:00 to 11:29 12 11:30 to 11:59 6 11:30 to 11:59 33 11:30 to 11:59 17 11:30 to 11:59 14 12:00 to 12:29 24 12:00 to 12:29 25 12:00 to 12:29 19 12:00 to 12:29 10 12:30 to 12:59 12 12:30 to 12:59 20 12:30 to 12:59 12 12:30 to 12:59 10 13:00 to 13:29 16 13:00 to 13:29 20 13:00 to 13:29 26 13:00 to 13:29 15 13:30 to 13:59 17 13:30 to 13:59 23 13:30 to 13:59 16 13:30 to 13:59 18 14:00 to 14:29 17 14:00 to 14:29 19 14:00 to 14:29 16 14:00 to 14:29 22 14:30 to 14:59 37 14:30 to 14:59 15 14:30 to 14:59 25 14:30 to 14:59 25 15:00 to 15:29 31 15:00 to 15:29 28 15:00 to 15:29 18 15:00 to 15:29 23 15:30 to 15:59 17 15:30 to 15:59 21 15:30 to 15:59 18 15:30 to 15:59 23 16:00 to 16:29 28 16:00 to 16:29 42 16:00 to 16:29 17 16:00 to 16:29 31 16:30 to 16:59 23 16:30 to 16:59 29 16:30 to 16:59 15 16:30 to 16:59 19 17:00 to 17:29 39 17:00 to 17:29 20 17:00 to 17:29 31 17:00 to 17:29 23 17:30 to 17:59 27 17:30 to 17:59 26 17:30 to 17:59 18 17:30 to 17:59 17 18:00 to 18:29 32 18:00 to 18:29 26 18:00 to 18:29 15 18:00 to 18:29 16 18:30 to 18:59 19 18:30 to 18:59 30 18:30 to 18:59 19 18:30 to 18:59 13 19:00 to 19:29 17 19:00 to 19:29 21 19:00 to 19:29 16 19:00 to 19:29 9 19:30 to 19:59 16 19:30 to 19:59 16 19:30 to 19:59 21 19:30 to 19:59 27 20:00 to 20:29 13 20:00 to 20:29 24 20:00 to 20:29 18 20:00 to 20:29 12 20:30 to 20:59 10 20:30 to 20:59 13 20:30 to 20:59 21 20:30 to 20:59 15 21:00 to 21:29 15 21:00 to 21:29 13 21:00 to 21:29 6 21:00 to 21:29 12 21:30 to 21:59 10 21:30 to 21:59 13 21:30 to 21:59 9 21:30 to 21:59 9 22:00 to 22:29 10 22:00 to 22:29 12 22:00 to 22:29 22 22:00 to 22:29 7 22:30 to 22:59 5 22:30 to 22:59 8 22:30 to 22:59 13 22:30 to 22:59 3 23:00 to 23:29 6 23:00 to 23:29 8 23:00 to 23:29 8 23:00 to 23:29 5 23:30 to 23:59 3 23:30 to 23:59 5 23:30 to 23:59 7 23:30 to 23:59 5 620 675 650 546 620 *Counts for 4/27 and 5/1 combined to form full day data 55 ms English 4/27/2017 Volume V1.03 Dwell: Measurements: Start Date: Start Time: Export Version: Interval: Total for Day Unit Type: Serial Number: ID: Location: Comments: Total for Day Total for Day Total for Day Total for Day Thursday, April 27, 2017 Friday, April 28, 2017 Saturday, April 29, 2017 Sunday, April 30, 2017 Monday, May 01, 2017 AGENDA SECTION:RESOLUTIONS AGENDA ITEM #8. STAFF REPORT NO. 84 CIT Y COUNCIL ME E T ING 5/24/2017 RE P O RT P RE PA RE D B Y: Taylor B urandt, A dministrative A ide/A nalyst D E PA RTM E NT D IRE C TOR RE V IE W: K ristin A sher, P ublic Works D irector 5/16/2017 O TH E R D E PA RTM E NT RE V IE W: N/A C ITY M A NA G E R RE V IE W: S teven L . D evich, C ity Manager 5/17/2017 I T E M F O R C O UNC I L C O NS I D E RAT IO N: Consideration of the approval of a resolution authoriz ing the City of Richfield to accept a Center for Prevention at Blue C ross Blue Shield Grant for $20,500 to be applied towar d installation, education, and evaluation of temporary pedestrian crossings of N icollet Avenue. E X E C UT IV E S UM M ARY: The City applied for and was awarded an Active P lace D emonstration Grant from the C enter of Prevention at Blue Cross Blue S hield of Minnesota (B C B S ) in the amount of $20,500. The proposed pedestrian demonstration project consists of three enhanced pedestrian crosswalks that link identified racially c oncentrated area of poverty to two major destinations -- Augsburg Park and Augsburg Park Public Library. I n addition to the crossings of Nicollet Avenue, c rosswalk safety education events and a study of the effec tiveness of the c rossings are proposed. The enhanced crosswalks on Nicollet Avenue are proposed at 71st, 72nd, and 73rd Streets and inc lude striping, delineators, and refuge islands c onstructed in a temporary condition. A major goal for the C ity is to provide safer crossings of busy roadway s. Ric hfield's major roads can be barriers for people to move around the community. W alkers, transit riders, and bic yc lists are c hallenged by unsafe crossings of these roadways. This demonstration projec t will provide data to be used for design of safer crossings. The future reconstruction of Nicollet, Lyndale, and Penn Avenues would all be guided to inc lude safer crossing designs and eliminate the barriers that these major roads create across the city. RE C O M M E ND E D AC T IO N: By Motion: Approve the attached resolution authorizing an Active Place Demonstration Project Funds Agreement between the C ity of Richfield and the Center of Prevention at B lue Cross B lue Shield of Minnesota. B AS IS O F RE C O M M E ND AT IO N: A.H IS TOR IC AL C ON TEXT Based on public input, the design for the Portland Avenue Reconstruc tion Project inc luded enhanc ed pedestrian crossings at non-signalized crossings. The Portland Avenue c rossing design has received positive feedback. I n Marc h 2017, the Engineering Department was alerted to a Request for Proposal from B C B S. Staff applied for funding for a temporary demonstration project on Nic ollet Avenue to mimic the Portland Avenue enhanc ed crossings in select locations. On A pril 25, 2017, B C B S notified the Public W orks Department that the demonstration project was selected to rec eive the funding. B.P OL IC IE S (resolutions, ordinances, regulations, statutes, etc): Minnesota Statute sec tion 465.03 requires that the City approve a resolution ac cepting the funds of the grant money. C.C R IT IC AL T IMIN G ISSU E S: The demonstration project is proposed to be installed during the months of J une, J uly and August. Based on the terms of the agreement, funds must be spent by December 31, 2017. D.F IN AN C IAL IMPAC T: The total amount received is $20,500. The amount received will cover all costs exc ept staff time. E.L E GAL C ON S ID E R AT ION : The C ity Attorney has reviewed the agreement and will be available at the meeting to answer any questions. ALT E R N AT IV E R E C O MME N D AT IO N(S): None P R IN C IPAL PAR TIE S EXP E C T E D AT ME E T IN G: N/A AT TAC H ME N TS : D escripti on Type Resolution Resolution L etter RESOLUTION NO. RESOLUTION AUTHORIZING THE CITY OF RICHFIELD TO ACCEPT A CENTER FOR PREVENTION AT BLUE CROSS AND BLUE SHIELD GRANT FOR $20,500 TO BE APPLIED TO INSTALLATION, EDUCATION AND EVALUATION OF TEMPORARY PEDESTRIAN CROSSINGS OF NICOLLET AVENUE, AND TO AUTHORIZE CITY MANAGER TO EXECUTED THE ASSOCIATED AGREEMENT. WHEREAS , The Center for Prevention at Blue Cross and Blue Shield has allocated funds to for temporary demonstration projects and education to increase health equity, transform communities and create a healthier state; and WHEREAS, The City intends to use these funds as partial reimbursement for the temporary crosswalk improvements along Nicollet Avenue at 71 st , 72 nd and 73 rd Streets along with crosswalk education and evaluation; and WHEREAS , Minnesota statute 465.03 requires every acceptance of a grant or devise of real personal property on terms prescribed by the donor be made by resolution of more than two-thirds majority of the City Council. NOW, THEREFORE, BE IT RESOLVED , by the City Council of the City of Richfield, Minnesota, as follows: 1. The Mayor and City Manager are authorized to accept the Statewide Health Improvement Program reimbursement grant in the amount of $20,500. 2. The City Manager is authorized to administer the funds in accordance with the terms described by the Minnesota Department of Labor & Industry, and to execute the associated agreement. Adopted by the City Council of the City of Richfield, Minnesota this 24th day of May 2017. Pat Elliott, Mayor ATTEST: Elizabeth VanHoose, City Clerk AGENDA SECTION:CLOSED EXECUTIVE SESSION AGENDA ITEM #13. STAFF REPORT NO. 85 CIT Y COUNCIL ME E T ING 5/24/2017 RE P O RT P RE PA RE D B Y: S teven L . D evich, C ity Manager D E PA RTM E NT D IRE C TOR RE V IE W: S teven L . D evich, C ity Manager 5/18/2017 O TH E R D E PA RTM E NT RE V IE W: N/A C ITY M A NA G E R RE V IE W: S teven L . D evich, C ity Manager 5/18/2017 I T E M F O R C O UNC I L C O NS I D E RAT IO N: Summary review of the C ity Manager's annual performance evaluation for 2016 and consideration of a resolution amending employment agreement between City of Richfield and C ity Manager Steven L. Devich for 2017. E X E C UT IV E S UM M ARY: Eac h year the City C ounc il conduc ts a review of the C ity Manager's performanc e for the previous year. The review c onsiders the performance of the City Manager and the organization as measured against the goals and expectations of the City C ounc il. Such performanc e evaluations are conducted in closed session pursuant to MN S tate Statutes and summarized in an open meeting. Both the c losed session and the open meeting summary are scheduled for this evening's meeting. I n addition to the performanc e evaluation, the City C ounc il also takes this opportunity to review the City Manager's salary and benefits to make any adjustments that may be warranted. RE C O M M E ND E D AC T IO N: Provide a summary review of the City Manager ’s performance evaluation for 2016; and By motion: Adopt a resolution amending the employment agreement between the City of Richfield and City Manager Steven L. Devich for 2017. B AS IS O F RE C O M M E ND AT IO N: A.H IS TOR IC AL C ON TEXT The C ity Council has conducted a performanc e review of the City Manager for 2016 and must now, per State Statute, make a summary report of the outcome of that evaluation. I n addition, the City Counc il has reviewed the compensation of the C ity Manager and has made a conc lusion c oncerning the City Manager ’s employ ment agreement. B.P OL IC IE S (resolutions, ordinances, regulations, statutes, etc): The C ity Manager is given an evaluation by the C ity Council each y ear as part of the City Manager ’s c ontrac t. As part of the evaluation process, a review of the C ity Manager ’s compensation package is also performed each y ear. As c ompensation c omparisons, salaries of C ity Managers in comparable c ities are c onsidered, as is the base salary structure adjustments of other City employees. C.C R IT IC AL T IMIN G ISSU E S: City Manager D evich’s annual performance evaluation has previously been sc heduled to be conduc ted in the first quarter of eac h year. D.F IN AN C IAL IMPAC T: The C ity Manager ’s base pay adjustment has historic ally been the same as those given to other City employee groups. Other City employee groups received a 2.75% base pay adjustment that was effective the first full pay period of J anuary 2017. E.L E GAL C ON S ID E R AT ION : The C ity Manager ’s c ontrac t with the City requires that an annual performanc e evaluation be conduc ted. ALT E R N AT IV E R E C O MME N D AT IO N(S): The C ity Council may defer the compensation portion of this review to a future meeting. P R IN C IPAL PAR TIE S EXP E C T E D AT ME E T IN G: N/A AT TAC H ME N TS : D escripti on Type Resolution Resolution L etter RESOLUTION NO. RESOLUTION AMENDING THE EMPLOYMENT AGREEMENT BETWEEN THE CITY OF RICHFIELD AND STEVEN L. DEVICH, CITY MANAGER NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield, Minnesota as follows: 1. The following section of the Employment Agreement between the City of Richfield, Minnesota and Steven L. Devich, City Manager, dated February 22, 2005, is amended as follows: Section 5. Salary. A. Employer agrees to increase the City Manager’s total base annual salary of $162,052.80 to $_________, effective January 1, 2017. 2. Employer agrees to allow the City Manager to sell back an additional 40 44 hours of vacation leave annually to the City. This sell back is in addition to any sell back otherwise provided by City Ordinance to eligible employees. Approved by the City Council of the City of Richfield this 24th day of May, 2017. Pat Elliott, Mayor ATTEST: Elizabeth VanHoose, City Clerk