The URL can be used to link to this page

06-27-2017 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 J U N E 27, 2017 6:00 P M C all to order 1.77th S treet Underpass 2.Uti lity Rates and C onservation S tructure 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 June 22, 2017 Council Memorandum No. 61 The Honorable Mayor and Members of the City Council Subject: June 27, 2017 Work Session Items Council Members: The following items will be discussed at the June 27, 2017 City Council Work Session: 77th St. Underpass Staff will provide an update on the project including:  Funding;  Right-of-way Acquisition;  Design; and  Schedule Utility Rates and Conservation Rate Structure Ehlers completed a utility rates and conservation rate structure study for the City of Richfield. Ehlers will present their findings and recommendations at the work session. Attached are the Ten Year Capital Improvement Plan s for each utility division. Questions regarding these plans can be addressed at the work session. Please contact Kristin Asher, Director of Public Works, at 612-861-9795 with questions. Respectfully submitted, Steven L. Devich City Manager SLD:tab Email: Assistant City Manager Department Directors Attachment City of Richfield, MinnesotaWater SystemCapital Improvement ProgramProjects 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027CAPITAL EQUIPMENTEquipment Replacement Charge Technology Replacement ChargeVehicle Replacement 45,000 45,000 45,000 45,000Utility Maint. Vehicle - Valve Turning Equipment 50,000SCADA Radio Upgrades15,000Water Plant Equipment300,000 300,000 300,000 300,000 300,000 300,000PROJECTSWellhouse Security Improvements 12,500Meter Upgrade500,000 500,000 1,500,00065th Street Reconsruction4,000,000 500,000Water Main Replacement/Bursting 200,000 200,000 200,000 200,000 200,000 200,000 200,000 200,000 200,000 200,000 200,00066th Street Reconstruction 100,000 50,000Water Main Replacement Under I-35W750,000Emergency Water Connection 500,000Water Plant Roof Replacement 450,0002 Lime slakers at WTP 350,000Infrastructure Assessment 50,000Filter Room Window Replacement 30,000Wells 4,5,6 Roof Replacement50,000Wells 2 & 3 Roof Replacement25,000Emerson Reconstruction 300,000Lyndale Ave. Reconstruction 0Placeholder700,000 700,000 700,000 700,000 700,000 700,000Actual CIP (2017 Dollars) 707,500 750,000 1,580,000 4,785,000 3,000,000 1,200,000 1,245,000 1,200,000 1,200,000 1,245,000 1,200,000Percent Inflation 4% 4% 4% 4% 4% 4% 4% 4% 4% 4%Inflated Project Costs 707,500 780,000 1,708,928 5,382,474 3,509,576 1,459,983 1,575,322 1,579,118 1,642,283 1,772,023 1,776,2936/8/2017 City of Richfield, MinnesotaSanitary Sewer SystemCapital Improvement ProgramProjects 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027CAPITAL EQUIPMENTEquipment Replacement Charge Technology Replacement ChargeVehicle Replacement 40,000 45,000 45,000 45,000Root SawSCADA Radio Upgrades15,000PROJECTSWood Lake Lift Station Renovation 30,000Sanitary Sewer Main Lining 200,000 200,000 200,000 200,000 200,000 200,000 200,000 200,000 200,000 200,000 200,000I&I 50,000 50,000 50,000 50,000 50,000 50,000 50,000 50,000 50,000 50,000 50,000Public Works Concrete SealingLift 2 Control Panel 20,000Lift 3 Control Panel 20,000Emerson Lift Station 500,000Infrastructure Assessment 100,000Lift Station #4 valve replacement66th Street Reconstruction 50,000 50,00065th Street Reconstruction100,000Placeholder50,000 50,000 50,000 50,000 50,000 50,000Actual CIP (2017 Dollars) 420,000 320,000 820,000 410,000 250,000 300,000 345,000 300,000 300,000 345,000 300,000Percent Inflation 4% 4% 4% 4% 4% 4% 4% 4% 4% 4%Inflated Project Costs 420,000 332,800 886,912 461,194 292,465 364,996 436,535 394,780 410,571 491,043 444,0736/8/2017 City of Richfield, MinnesotaStorm Water SystemCapital Improvement ProgramProjects 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027CAPITAL EQUIPMENTEquipment Replacement Charge Technology Replacement ChargeTrackhoe 60,000Vehicle ReplacementSCADA Radio5,000Sweeper200,000PROJECTSPond Dredging200,000 200,000 200,000 200,000 200,000 200,000 200,00070th Street Reconstruction2,500,00065th Street Reconstruction100,00066th Street Reconstruction 100,000 50,000Infrastructure Assessment 200,000 200,000 200,000Placeholder200,000 200,000 200,000 200,000 200,000Actual CIP (2017 Dollars) 260,000 300,000 650,000 305,000 200,000 2,700,000 400,000 400,000 400,000 200,000 200,000Percent Inflation 4%4%4%4%4%4%4%4%4%4%Inflated Project Costs 260,000 312,000 703,040 343,084 233,972 3,284,963 506,128 526,373 547,428 284,662 296,0496/8/2017 R EG U LAR C IT Y C O U N C IL ME E TIN 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 J U N E 27, 2017 7:00 P M IN TR O D U C TO RY P R O C E E D IN G S 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 F ebruary 24, 2017; (2) S pecial C ity C ounci l Work S ession of J une 13, 2017; (3) S pecial C ity C ouncil Work S ession of J une 13, 2017; and (4) Regular C ity C ouncil Meeting of J une 13, 2017. P R E S E N TATIO N S 1.Gene & Mary J acobsen C itizen of the Year for 2017 Award 2.M IC A H C ommunity Hero Award 3.Human Rights C ommission 2016 Year in Review C O U N C IL D IS C U S S IO N 4.Hats Off to Hometown Hits AG E N D A AP P R O VAL 5.A pproval of the A genda 6.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 the revision of a lease agreement between the C ity of Richfield and the Uni ted S tates P ostal S ervice for the use of fourteen parking spaces in the lower parking lot of the Wood L ake Nature C enter. S taff Report No. 98 B .C onsi deration of the approval of a resoluti on authorizing the execution of a J oint C ooperation A greement between the C ity of Richfield and Hennepi n C ounty for participation i n the Urban Hennepin C ounty C ommuni ty D evelopment B lock Grant P rogram, 2018-2020. S taff Report No. 99 C .C onsi deration of the approval of an amendment to the 2016-2017 agreement between the C ity of Richfield and the C i ty of B loomington for P ublic Health E mergency P reparedness S ervices. S taff Report No. 100 7.C onsideration of items, if any, removed from C onsent C alendar P U B LIC H EAR IN G S 8.P ublic heari ng and consideration of the second reading of a transitory ordinance vacating 17th Avenue street right-of-way adjacent to the proposed P laza 66 commercial development. This hearing was continued from J une 13, 2017. S taff Report No. 101 9.P ublic heari ng and consideration of a resoluti on for a preliminary and final plat of the "P laza 66 in Richfield" A ddition that wi ll combine six parcels (6609 – 16th Avenue, 6615 – 16th Avenue, 6608 – 17th Avenue, 6614 – 17th Avenue, and two adjacent remnant parcels) and adjacent 17th Avenue ri ght-of-way in order to allow construction of a multi-tenant commercial bui ldi ng. This hearing was continued from J une 13, 2017. S taff Report No. 102 PR O P O S E D O R D IN AN C ES 10.C onsideration of the approval of the second readi ng of an ordinance abolishing the P olice C ivil S ervice C ommission; repealing S ubsection 305.05 of the C ity C ode that creates a joint P olice and F ire C ivil S ervice C ommission; adopting a new S ubsection 305.05 to continue the F ire C ivil S ervice C ommission; and rescinding the Resolution dated October 29, 1945 creating a police civil service commission i n the Village of Richfield. S taff Report No. 103 C IT Y MAN AG E R ’S R E P O R T 11.C ity Manager's Report C L AIMS AN D PAYR O LL S 12.C laims and P ayrolls 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. 13.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 MINUTES Richfield, Minnesota Special City Council Work Session February 24, 2017 CALL TO ORDER The meeting was called to order by Mayor Pro Tempore Howard at 7:30 a.m. in the Bartholomew Room. ROLL CALL Council Members Michael Howard, Mayor Pro Tempore; Pat Elliott; Edwina Garcia; and Maria Present: Regan Gonzalez. Staff Present: Steven L. Devich, City Manager; Kristin Asher, Public Works Director; John Stark, Community Development Director; Mike Koob, Public Safety Deputy Director; Jim Topitzhofer, Recreation Services Director; Wayne Kewitsch, Fire Services Director; Chris Regis, Finance Manager; Pam Dmytrenko, Assistant City Manager/HR Manager; and Jared Voto, Executive Aide/Analyst. Others Present: Commissioner Debbie Goettel; Representative Linda Slocum; Representative Jean Wagenius; Senator Patricia Torres Ray; and Nathan Coulter, Legislative Assistant for Senator Melissa Halvorson-Wiklund. Item #1 DISCUSSION WITH LEGISLATORS The City Council and City staff met with the local Legislators to discuss items of mutual interest to the City of Richfield. ADJOURNMENT The meeting was adjourned by unanimous consent at 9:00 a.m. Date Approved: June 27, 2017 Pat Elliott Mayor Jared Voto Steven L. Devich Executive Aide/Analyst City Manager CITY COUNCIL MEETING MINUTES Richfield, Minnesota Special City Council Work Session June 13, 2017 CALL TO ORDER The work session was called to order by Mayor Elliott at 5:45 p.m. in the Municipal Center. Council Members Pat Elliott, Mayor; Edwina Garcia; Michael Howard; and Maria Regan Present: Gonzalez Staff Present: Steven L. Devich, City Manager; Pam Dmytrenko, Assistant City Manager/HR Manager; Mike Dobesh, Assistant Fire Chief; Neil Ruhland, Media Coordinator; and, Jared Voto, Executive Aide/Analyst. Item #1 2017 COUNCIL GOALS DOCUMENT REVIEW Pam Dmytrenko, Assistant City Manager/HR Manager, discussed the 2017 Council Goals document that was produced based on the conversation at the goal setting meeting. This document included the goals and “core values”. Council Members discussed the document, thanked staff for capturing the goal setting session and creating an easy to understand document, and provided feedback on a couple of changes to the documents, that they felt better reflected their goals and values. ADJOURNMENT The work session was adjourned by unanimous consent at 6:02 p.m. Date Approved: June 27, 2017 _____________________________ Pat Elliott Mayor _____________________________ ____________________________ Jared Voto Steven L. Devich Executive Aide/Analyst City Manager CITY COUNCIL MEETING MINUTES Richfield, Minnesota Special City Council Work Session June 13, 2017 CALL TO ORDER The work session was called to order by Mayor Elliott at 6:02 p.m. in the Municipal Center. Council Members Pat Elliott, Mayor; Edwina Garcia; Maria Regan Gonzalez; Michael Howard; Present: and Simon Trautmann Staff Present: Steven L. Devich, City Manager; Pam Dmytrenko, Assistant City Manager/HR Manager; Jim Topitzhofer, Recreation Services Director; Jay Henthorne, Public Safety Director/Police Chief; Wayne Kewitsch, Fire Chief; Elizabeth VanHoose, City Clerk; Melissa Poehlman, City Planner; Jack Broz, Transportation Engineer; Neil Ruhland, Media Coordinator; Kari Sinning, Deputy City Clerk; and, Jared Voto, Executive Aide/Analyst. Item #1 COMMISSIONER RECOGNITION EVENT Mayor and City Council Members hosted members of the City’s Commissions and thanked them for their service. ADJOURNMENT The work session was adjourned by unanimous consent at 7:00 p.m. Date Approved: June 27, 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; Maria Regan Gonzalez; Present: and Simon Trautmann. Staff Present: Steven L. Devich, City Manager; Mary Tietjen, City Attorney; Pam Dmytrenko, Assistant City Manager/HR Manager; Elizabeth VanHoose, City Clerk; Jay Henthorne, Director of Public Safety/Police Chief; Melissa Poehlman, City Planner; and Jared Voto, Executive Aide/Analyst. OATH OF OFFICE OF CITY COUNCIL MEMBER, SIMON TRAUTMANN City Clerk VanHoose administered the oath of office to Council Member Simon Trautmann. PLEDGE OF ALLEGIANCE Mayor Elliott led the Pledge of Allegiance. APPROVAL OF MINUTES M/Howard, S/Regan Gonzalez to approve the minutes of the: (1) Special Joint City Council and Housing and Redevelopment Authority Work Session of May 15, 2017; (2) Special City Council Work Session of May 24, 2017; (3) Special Joint City Council and Civil Service Commission Work Session of May 24, 2017; (4) Special City Council Meeting of May 24, 2017; and (5) Special City Council Meeting of May 26, 2017. Motion carried 5-0. OPEN FORUM Cynthy Mandl spoke regarding the sculpture dedication on Saturday, June 24, at 2 p.m. Item #1 COUNCIL DISCUSSION CITY COUNCIL MEETING MINUTES Richfield, Minnesota Regular Meeting June 13, 2017 Council Meeting Minutes -2- June 13, 2017  Hats Off to Hometown Hits  4th of July Mayor Elliott discussed the Commissioner Recognition event that was held before the Council Meeting and the 4th of July parade. Commissioner Goettel discussed an open house she will be having at the Richfield Farmers Market from 9-10:30 a.m. and the Memorial Day Event held in Richfield. Council Member Garcia discussed the free Twins baseball clinic on June 24 at Roosevelt Park; the Lyndale Gardens amphitheater; and the Washington Park pickle ball courts. Council Member Trautmann discussed the 66th Street Reconstruction project and the Lake Winds Co-op. Council Member Regan Gonzalez discussed an award the Metropolitan Interfaith Council received. Council Member Howard welcomed Council Member Trautmann; discussed the Commissioner Recognition event; and that the Richfield pool is open. Mayor Elliott read a statement from the Richfield 4th of July Committee; discussed minimal mowing areas in the city; a breakfast fundraiser on June 20 for Cornerstone; and the city’s work with GreenStep Cities. Item #2 APPROVAL OF THE AGENDA M/Garcia, S/Howard to approve the agenda. Motion carried 5-0. Item #3 CONSENT CALENDAR City Manager Devich presented the Consent Calendar. A. Consideration of approval of a Hennepin County Sports Agreement, on behalf of Seven Hills Preparatory Academy, for a $25,000 grant to fund playground equipment on their campus, and authorization of staff to execute the agreement. (S.R. No. 87) B. Consideration of the approval of a resolution ordering the abatement of conditions creating a hazardous building and a public health and safety nuisance existing at 6944 Pleasant Avenue South, Richfield, Minnesota. (S.R. No. 88) RESOLUTION NO. 11369 RESOLUTION ORDERING THE ABATEMENT OF CONDITIONS CREATING A HAZARDOUS BUILDING AND A PUBLIC HEALTH AND SAFETY NUISANCE EXISTING AT 6944 PLEASANT AVENUE, RICHFIELD, MINNESOTA 55423 This resolution appears as Resolution No. 11369. Council Meeting Minutes -3- June 13, 2017 C. Consideration of approval of the implementation of the Bicycle Master Plan identified bike routes in the 2016 mill and overlay area, as recommended by the Transportation Commission. (S.R No. 89) D. Consideration of the approval of a resolution approving Cooperation Agreement No. 17I037 with the Metropolitan Council for restoration of the Portland Avenue roundabout intersecting 66th Street. (S.R No. 90) RESOLUTION NO. 11370 RESOLUTION AUTHORIZING THE CITY OF RICHFIELD TO ENTER INTO CONSTRUCTION COOPERATIVE AGREEMENT NO. 17I037 WITH THE METROPOLITAN COUNCIL FOR $20,222 TO BE USED FOR THE RESTORATION OF THE PORTLAND AVENUE ROUNDABOUT AT THE 66TH STREET INTERSECTION This resolution appears as Resolution No. 11370. E. Consideration of the approval of a request for a Temporary On Sale Intoxicating Liquor license for the activities scheduled to take place July 4, 2017 for the Minneapolis-Richfield American Legion Post #435, located at 6501 Portland Avenue South. (S.R. No. 91) F. Consideration of the approval of a request for a Temporary On Sale Intoxicating Liquor license for the Church of the Assumption, located at 305 77th Street East, for their 140th Anniversary Celebration taking place August 18-20, 2017. (S.R. No. 92) G. Consideration of the approval of an annual request for a Community Celebration Event license (with a request for the fee to be waived) and a Temporary On-Sale Intoxicating Liquor license, from the Fourth of July Committee for the events scheduled to take place at Veterans Memorial Park, July 3 - 4, 2017. (S.R. No. 93) M/Elliott, S/Garcia to approve the consent calendar. Motion carried 5-0. Item #4 CONSIDERATION OF ITEMS, IF ANY, REMOVED FROM THE CONSENT CALENDAR None. Item #5 CONTINUE THE PUBLIC HEARING AND SECOND READING OF A TRANSITORY ORDINANCE VACATING 17TH AVENUE STREET RIGHT-OF- WAY ADJACENT TO THE PROPOSED PLAZA 66 COMMERCIAL DEVELOPMENT TO JUNE 27, 2017. (S.R. NO. 94) Council Member Regan Gonzalez presented Staff Report No. 94. M/Regan Gonzalez, S/Elliott to continue the public hearing to consider a transitory ordinance vacating 17th Avenue street right-of-way adjacent to the proposed Plaza 66 commercial development (approx. 66th Street and 17th Avenue) to June 27, 2017. Motion carried 5-0. Council Meeting Minutes -4- June 13, 2017 Item #6 CONTINUE THE PUBLIC HEARING AND SECOND READING OF A RESOLUTION FOR A PRELIMINARY PLAT OF THE "PLAZA 66 IN RICHFIELD" ADDITION THAT WILL COMBINE SIX PARCELS (6609 – 16TH AVENUE, 6615 – 16TH AVENUE, 6608 – 17TH AVENUE, 6614 – 17TH AVENUE, AND TWO ADJACENT REMNANT PARCELS) AND ADJACENT 17TH AVENUE RIGHT-OF- WAY IN ORDER TO ALLOW CONSTRUCTION OF A MULTI-TENANT COMMERCIAL BUILDING TO JUNE 27, 2017. (S.R. NO. 95) Council Member Regan Gonzalez presented Staff Report No. 95. M/Regan Gonzalez, S/Elliott to continue the public hearing to consider a resolution for a preliminary plat of the "Plaza 66 in Richfield" Addition that will combine six parcels and adjacent 17th Avenue right-of-way for a multitenant commercial building to June 27, 2017. Motion carried 5-0. Item #7 CONSIDERATION OF THE APPROVAL OF THE FIRST READING OF AN ORDINANCE ABOLISHING THE POLICE CIVIL SERVICE COMMISSION; REPEALING SUBSECTION 305.05 OF THE CITY CODE THAT CREATES A JOINT POLICE AND FIRE CIVIL SERVICE COMMISSION; AND ADOPTING A NEW SUBSECTION 305.05 TO CONTINUE THE FIRE CIVIL SERVICE COMMISSION. (S.R. NO. 96) Council Member Howard presented Staff Report No. 96. Michelle Soldo, Soldo Consulting, P.C., discussed the process of her review and recommendations. M/Howard, S/Trautmann to approve the first reading of an ordinance abolishing the Police Civil Service Commission; repealing Subsection 305.05 of the City Code that creates a joint Police and Fire Civil Service Commission; and adopting a new Subsection 305.05 to continue the Fire Civil Service Commission. Council Member Howard commented on the ability f or the Police Department to recruit diverse candidates and having a police force that reflects our community. Motion carried 5-0. Item #8 CONSIDERATION OF THE APPROVAL OF A RESOLUTION GRANTING A CONDITIONAL USE PERMIT AMENDMENT AND VARIANCES TO ALLOW AN EXPANDED OUTDOOR RECREATIONAL FACILITY AT THE ACADEMY OF HOLY ANGELS. THE PROPOSAL INCLUDES A SYNTHETIC TURF PLAYING SURFACE, FIELD LIGHTING, AND AN ADDITIONAL INFLATABLE DOME TO BE USED SEASONALLY. (S.R. NO. 97) Council Member Garcia presented Staff Report No. 97 and invited City Planner Poehlman to present additional information. Council Meeting Minutes -5- June 13, 2017 Mayor Elliott invited members of the audience to speak, although this was not a public hearing. Sharon Miller, address not given, spoke regarding her opposition to the second dome. Julie Meyer, address not given, spoke in regards to approval of the second dome. Dan Becker, address not given, spoke in support of the Academy of Holy Angels and the second dome. Council Member Howard asked about the lighting, the hours of operations of the facility, and availability for residents to use the facility. Tom Shipley and Craig Larson of Academy of Holy Angels responded to the questions from the Council. M/Garcia, S/Elliott to approve a resolution granting an amended conditional use permit and variances to allow construction of a synthetic turf playing surface, field lighting, and an additional inflatable dome at the Academy of Holy Angels. RESOLUTION NO. 11371 RESOLUTION APPROVING A CONDITIONAL USE PERMIT AMENDMENT AND VARIANCES FOR A HIGH SCHOOL OUTDOOR RECREATIONAL FACILITY INCLUDING LIGHTED PLAYING FIELDS AND AN ADDITIONAL INFLATABLE DOME AT 6600 NICOLLET AVENUE Motion carried 5-0. The resolutions appear as Resolution No. 11371. Item #9 CITY MANAGER’S REPORT None. Item #10 PROVIDE A SUMMARY REVIEW OF THE CITY MANAGER'S ANNUAL PERFORMANCE EVALUATION FOR 2016, HELD ON MAY 24, 2017, AS REQUIRED BY MINN. STATUTES 13D.05 SUBD. 3(A). Mayor Elliott provided a summary of the closed session held on May 24, 2017. Item #11 CLAIMS AND PAYROLLS M/Garcia, S/Trautmann that the following claims and payrolls be approved: U.S. Bank 06/13/17 A/P Checks: 259386 - 259824 $ 1,691,991.99 Payroll: 127956 - 128270, 42757 - 42774 607,237.54 TOTAL $ 2,299,229.53 Motion carried 5-0. Council Meeting Minutes -6- June 13, 2017 OPEN FORUM None. Item #12 ADJOURNMENT The City Council Meeting was adjourned by unanimous consent at 8:35 p.m. Date Approved: June 27, 2017 Pat Elliott Mayor Jared Voto Steven L. Devich Executive Aide/Analyst City Manager AGENDA SECTION:CONSENT CALENDAR AGENDA ITEM #6.A. STAFF REPORT NO. 98 CIT Y COUNCIL ME E T ING 6/27/2017 RE P O RT P RE PA RE D B Y: J im Topi tzhofer, Recreation S ervices D i rector D E PA RTM E NT D IRE C TOR RE V IE W: J im Topi tzhofer, Recreation S ervices D i rector 6/13/2017 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 6/21/2017 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 revision of a lease agreement between the C ity of Richfield and the United States P ostal Service for the use of fourteen parking spaces in the lower parking lot of the W ood Lake Nature C enter. E X E C UT IV E S UM M ARY: The United States Postal Servic es operates a post offic e in Richfield located at 825 W est 65th Street. This post office is in need of additional parking for employ ees and postal delivery vehic les. W ood Lake Nature Center is within walking distance of the Richfield Post Office and has the capacity to acc ept additional parking in the lower lot. The Postal Service has had this parking arrangement with the C ity for two years and no issues were reported. The new agreement will commence on August 1, 2017, and will be in effect for two y ears. Under the agreement, the Postal Servic e will park their vehicles in fourteen marked parking spaces in the lower lot. Postal employees will swap parking spaces during operating hours. The Postal S ervice will pay rent for the parking spaces in the amount of $10,080 the first y ear, and $10,382 the second y ear. RE C O M M E ND E D AC T IO N: By Motion: Approve the revised lease agreement between the City of R ichfield and the United States Postal Service for the use of fourteen parking spaces at the W ood Lake Nature C enter from August 1, 2017, to July 31, 2019, in the amount of $10,080 the first year, and $10,382 the second year. B AS IS O F RE C O M M E ND AT IO N: A.H IS TOR IC AL C ON TEXT On February 28, 2017, City Council approved a lease renewal with the United States Postal Servic e for the use of fourteen parking spaces at the Wood Lake Nature C enter from August 1, 2017, to J uly 31, 2019, in the amount of $10,080 the first year, and $10,382 the second year. The lease was never exec uted by the Postal Servic e due to a request to modify the agreement by the Postal Servic e as follows: Se ction 6: Provisions: P revious language: A. Landlord shall maintain parking lot, including but not limited to paving, sealing, snow removal, and lighting. US PS Required Language: "The Landlord shall be responsible for maintenance of the demised premises. The responsibility of the Landlord as stated herein will be fulfilled at suc h time and in such manner as the Postal Servic e considers nec essary to keep the P remises in proper c ondition during the Ground Lease term. Landlord shall be responsible for all other maintenance not listed above that is nec essary to keep the Premises in proper condition.” The Postal Servic e has had this lease agreement with the City for the past two y ears, paying rent for the same number of parking spac es as indicated in the renewed agreement. No issues have been reported and the arrangement has worked without inc ident for W ood Lake Nature Center and the Richfield P ost Offic e. B.P OL IC IE S (resolutions, ordinances, regulations, statutes, etc): City C ounc il considers and executes these types of agreements for the City by polic y. C.C R IT IC AL T IMIN G ISSU E S: The renewal date for the revised parking lot lease is August 1, 2017. D.F IN AN C IAL IMPAC T: The financ ial impact of this item is favorable to the W ood Lake Nature C enter by providing a new revenue sourc e from the rental of parking spac es in the amount of $10,080 the first year, and $10,382 the second y ear. E.L E GAL C ON S ID E R AT ION : The C ity Attorney has reviewed the attached agreement and will be available to answer questions. ALT E R N AT IV E R E C O MME N D AT IO N(S): Council may reject the attac hed agreement and forgo the additional rental revenue. 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 Revised Wood L ake P arking L ot L ease C over Memo Ground Lease MINNEAPOLIS - RICHFIELD BR ADDTL PRKG (266360-179) 6710 LAKE SHORE DRIVE, MINNEAPOLIS, MN 55423-9998 Ground Lease Facility Name/Location In consideration of the mutual promises set forth and for other good and valuable consideration, the sufficiency of which is hereby acknowledged, the parties covenant and agree as follows: 1. The Landlord hereby leases to the Postal Service and the Postal Service leases from the Landlord the following premises, hereinafter legally described in paragraph 7, in accordance with the terms and conditions described herein and contained in the ‘General Conditions to USPS Ground Lease,’ attached hereto and made a part hereof: Total Site Area: Rent checks shall be payable to: 3. TO HAVE AND TO HOLD the said premises with their appurtenances for the following term: February 2004 2. RENTAL: The Postal Service will pay the Landlord an annual rent of: See Addendum. Lease: Q90000466127 FIXED TERM: The term becomes effective August 01, 2017 with an expiration date of July 31, 2019, for a total of 2 Years. 14 Parking Spaces located in the lower lot. 3,000.00 Sq. Ft. County: HennepinMINNEAPOLIS - RICHFIELD BR ADDTL PRKG (266360-179) 6710 LAKE SHORE DRIVE, MINNEAPOLIS, MN 55423-9998 This Lease made and entered into by and between CITY OF RICHFIELD hereinafter called the Landlord, and the United States Postal Service, hereinafter called the Postal Service: 1 CITY OF RICHFIELD C/O WOOD LAKE NATURE CENTER 6710 LAKE SHORE DRIVE RICHFIELD, MN 55423-2206 Ground Lease 4. 5. TERMINATION: 6. OTHER PROVISIONS: The following additional provisions, modifications, riders, layouts, and/or forms were agreed upon prior to execution and made a part hereof: 7. LEGAL DESCRIPTION: February 2004 None, except as specified elsewhere in this Lease. RENEWAL OPTIONS: None 2 See Addendum See Attached Addendum February 2004 Addendum Facility Name/Location MINNEAPOLIS - RICHFIELD BR ADDTL PRKG (266360-179) County: Hennepin 6710 LAKE SHORE DRIVE, MINNEAPOLIS, MN 55423-9998 Lease: Q90000466127 2. RENTAL: The Postal Service will pay the Landlord an annual rental of: $10,080.00 beginning August 01, 2017 and ending July 31, 2018 $10,382.00 beginning August 01, 2018 and ending July 31, 2019 payable in equal installments at the end of each calendar month. Rent for a part of a month will be prorated. 7. LEGAL DESCRIPTION: THAT PART OF GOVT LOT 7 SEC 28 LYING EASTERLY OF INTERSTATE HWY NO 35W AND THAT PART OF GOVT LOT 6 SEC 28 LYING E OF W 20 ACRES THEREOF AND SOUTHERLY OF SOUTHERLY LINE OF FAIRWOOD SHORES LYNNWOOD DUNHAMS ADDN TO RICHFIELD AND THE SOUTHERLY LINE AND ITS SOUTHWESTERLY EXTS OF LOT 7 VEHE ADDN AND THAT PART OF GOVT LOT 1 SEC 28 LYING WESTERLY OF LYNDALE AVE S ALSO BLK B FAIRWOOD SHORES ALSO LOT B LYNWOOD ALSO LOT A WOODDALE ADDN ALSO OUTLOT A M P JOHNSONS LYNDALE SHORES ON WOOD LAKE ALSO BLK 1 AND OUTLOT A AND THAT PART OF LOTS 1 AND 2 BLK 2 LYING N OF S 10 FT THEREOF ALSO THAT PART OF LOTS 12 AND 13 BLK 2 LYING N OF S 60 FT THEREOF IRWIN SHORES ALSO LOTS 11 THRU 20 INCL BLK 7 AND PARK S IN WOOD LAKE SHORES 8.INDEMNIFICATION CLAUSE: The Postal Service hereby agrees to save harmless and indemnify the landlord from all claims, losses, damages, actions, causes of action, expenses, and/or liabilities resulting from the use of said property by the Postal Service whenever such claim, loss, damage, action, cause of action, expense, and/or liability arises from the negligent or wrongful act or omission by an employee of the Postal Service while acting within the scope of his or her employment, under circumstances where the Postal Service, if a private person, would be liable in accordance with the law of the place where the negligent or wrongful act or omission occurred. Notwithstanding the above, the Postal Service is under no obligation to save harmless and indemnify the landlord where any negligent or wrongful act or omission by the landlord, its employees or agents, in any way causes or contributes to the claim, loss, damage, action, cause of action, expense and/or liability. . 9. OTHER PROVISIONS: A. Postal Service shall not be authorized to park in the designated areas on three specific dates each year. These dates are: December 31st 3rd Saturday of October The Saturday before Thanksgiving from 8am to 11am B. The Landlord shall be responsible for maintenance of the demised premises. The responsibility of the Landlord as stated herein will be fulfilled at such time and in such manner as the Postal Service considers necessary to keep the Premises in proper condition during the Ground Lease term. Landlord shall be responsible for all other maintenance not listed above that is necessary to keep the Premises in proper Addendum Facility Name/Location February 2004 Lease: Q90000466127 condition. 10. GENERAL CONDITIONS TO USPS GROUND LEASE, SECTION 6, SUBLEASE: Section 6, Sublease has been removed from rider. 11. GENERAL CONDITIONS TO USPS GROUND LEASE, SECTION 7, ALTERATIONS: Section 7, Alterations has been removed from the rider. MINNEAPOLIS - RICHFIELD BR ADDTL PRKG (266360-179) 6710 LAKE SHORE DRIVE, MINNEAPOLIS, MN 55423-9998 County: Hennepin Ground Lease EXECUTED BY LANDLORD this ________ day of _______________________, ______. GOVERNMENTAL ENTITY By executing this Lease, Landlord certifies that Landlord is not a USPS employee or contract employee (or an immediate family member of either), or a business organization substantially owned or controlled by a USPS employee or contract employee (or an immediate family member of either). Name of Governmental Entity: _____________________________________________________________ __________________________________ _____________________________________ __________________________________ _____________________________________ Landlord’s Address: ____________________________________________________________________________________ ____________________________________________________________________________________ Landlord’s Telephone Number(s): ___________________________ __________________________________ Federal Tax Identification No.:______________________________________ _________________________________________ _________________________________________ Witness Witness a. Where the Landlord is a governmental entity or other municipal entity, the Lease must be accompanied by documentary evidence affirming the authority of the signatory(ies) to execute the Lease to bind the governmental entity or municipal entity for which he (or they) purports to act. b. Any notice to Landlord provided under this Lease or under any law or regulation must be in writing and submitted to Landlord at the address specified above, or at an address that Landlord has otherwise appropriately directed in writing. Any notice to the Postal Service provided under this Lease or under any law or regulation must be in writing and submitted to “Contracting Officer, U.S. Postal Service” at the address specified below, or at an address that the Postal Service has otherwise directed in writing. ACCEPTANCE BY THE POSTAL SERVICE Date: _______________ __________________________________ ____________________________________ Contracting Officer Signature of Contracting Officer _______________________________________________________________________________ Address of Contracting Officer Signature Page Grdlease Gvt. Entity (April 2009) Laureen A Yamakido C/O WOOD LAKE NATURE CENTER 6710 LAKE SHORE DRIVE Pacific FSO 1300 EVANS AVENUE, SUITE 200, SAN FRANCISCO, CA 94188-8200 (612) 965 - 0575 Name & Title: Name & Title: Name & Title: Name & Title: (612) 965 - 0575 CITY OF RICHFIELD XX-XXX5490 3 RICHFIELD, MN 55423-2206 General Conditions to USPS Ground Lease groundgc (Oct 2009) GC-1 1. CHOICE OF LAW This Lease shall be governed by federal law. 2. RECORDING Not Required 3. MORTGAGEE'S AGREEMENT If there is now or will be a mortgage on the property which is or will be recorded prior to the recording of the Lease, the Landlord must notify the contracting officer of the facts concerning such mortgage and, unless in his sole discretion the contracting officer waives the requirement, the Landlord must furnish a Mortgagee's Agreement, which will consent to this Lease and shall provide that, in the event of foreclosure, mortgagee, successors, and assigns shall cause such foreclosures to be subject to the Lease. 4. ASSIGNMENTS a. The terms and provisions of this Lease and the conditions herein are binding on the Landlord and the Postal Service, and all heirs, executors, administrators, successors, and assigns. b. If this contract provides for payments aggregating $10,000 or more, claims for monies due or to become due from the Postal Service under it may be assigned to a bank, trust company, or other financing institution, including any federal lending agency, and may thereafter be further assigned and reassigned to any such institution. Any assignment or reassignment must cover all amounts payable and must not be made to more than one party, except that assignment or reassignment may be made to one party as agent or trustee for two or more parties participating in financing this contract. No assignment or reassignment will be recognized as valid and binding upon the Postal Service unless a written notice of the assignment or reassignment, together with a true copy of the instrument of assignment, is filed with: 1. the contracting officer; and 2. the surety or sureties upon any bond. c. Assignment of this contract or any interest in this contract other than in accordance with the provisions of this clause will be grounds for termination of the contract for default at the option of the Postal Service. d. Nothing contained herein shall be construed so as to prohibit transfer of ownership of the demised premises, provided that: 1. such transfer is subject to this Lease agreement; 2. both the original Landlord and the successor Landlord execute the standard Certificate of Transfer of Title to Leased Property and Lease Assignment and Assumption form to be provided by the USPS Contracting Officer. 5. APPLICABLE CODES AND ORDINANCES The Landlord, as part of the rental consideration, agrees to comply with all codes and ordinances applicable to the ownership and operation of the parcel on which the premises are situated and to obtain all necessary permits and related items at no cost to the Postal Service. When the Postal Service or one of its contractors (other than the Landlord) is performing work at the premises, the Postal Service will be responsible for obtaining all necessary and applicable permits, related items, and associated costs. 6. SUBLEASE The Postal Service may sublet all or any part of the premises or assign this lease but shall not be relieved from any obligation under this lease by reason of any subletting or assignment. 7. ALTERATIONS The Postal Service shall have the right to make alterations, attach fixtures and erect additions, structures or signs in or upon the premises hereby leased (provided such alterations, additions, structures, or signs shall not be detrimental to or inconsistent with the rights granted to other tenants on the property on which said premises are located); which fixtures, additions or structures so placed in, upon or attached to the said premises shall be and remain the property of the Postal Service and may be removed or otherwise disposed of by the Postal Service. 8. CLAIMS AND DISPUTES a. This contract is subject to the Contract Disputes Act of 1978 (41 U.S.C. 601-613) ("the Act"). b. Except as provided in the Act, all disputes arising under or relating to this contract must be resolved under this clause. c. "Claim," as used in this clause, means a written demand or written assertion by one of the contracting parties seeking, as a matter of right, the payment of money in a sum certain, the adjustment or interpretation of contract terms, or other relief arising under or relating to this contract. However, a written demand or written assertion by the Landlord seeking the payment of money exceeding $100,000 is not a claim under the Act until certified as required by subparagraph d below. A voucher, invoice, or other routine request for payment that is not in dispute when submitted is not a General Conditions to USPS Ground Lease groundgc (Oct 2009) GC-2 claim under the Act. The submission may be converted to a claim under the Act by complying with the submission and certification requirements of this clause, if it is disputed either as to liability or amount or is not acted upon in a reasonable time. d. A claim by the Landlord must be made in writing and submitted to the contracting officer for a written decision. A claim by the Postal Service against the Landlord is subject to a written decision by the contracting officer. For Landlord claims exceeding $100,000, the Landlord must submit with the claim the following certification: “I certify that the claim is made in good faith, that the supporting data are accurate and complete to the best of my knowledge and belief, that the amount requested accurately reflects the contract adjustment for which the Landlord believes the Postal Service is liable, and that I am duly authorized to certify the claim on behalf of the Landlord.” The certification may be executed by any person duly authorized to bind the Landlord with respect to the claim. e. For Landlord claims of $100,000 or less, the contracting officer must, if requested in writing by the Landlord, render a decision within 60 days of the request. For Landlord-certified claims over $100,000, the contracting officer must, within 60 days, decide the claim or notify the Landlord of the date by which the decision will be made. f. The contracting officer's decision is final unless the Landlord appeals or files a suit as provided in the Act. g. When a claim is submitted by or against a Landlord, the parties by mutual consent may agree to use an alternative dispute resolution (ADR) process to assist in resolving the claim. A certification as described in subparagraph d of this clause must be provided for any claim, regardless of dollar amount, before ADR is used. h. The Postal Service will pay interest on the amount found due and unpaid from: 1. the date the contracting officer receives the claim (properly certified if required); or 2. the date payment otherwise would be due, if that date is later, until the date of payment. i. Simple interest on claims will be paid at a rate determined in accordance with the Act. j. The Landlord must proceed diligently with performance of this contract, pending final resolution of any request for relief, claim, appeal, or action arising under the contract, and comply with any decision of the contracting officer. 9. HAZARDOUS/TOXIC CONDITIONS CLAUSE "Asbestos containing building material" (ACBM) means any material containing more than 1% asbestos as determined by using the method specified in 40 CFR Part 763, Subpart E, Appendix E. "Friable asbestos material" means any ACBM that when dry, can be crumbled, pulverized, or reduced to powder by hand pressure. The Landlord must identify and disclose the presence, location and quantity of all ACBM or presumed asbestos containing material (PACM) which includes all thermal system insulation, sprayed on and troweled on surfacing materials, and asphalt and vinyl flooring material unless such material has been tested and identified as non-ACBM. The Landlord agrees to disclose any information concerning the presence of lead-based paint, radon above 4 pCi/L, and lead piping or solder in drinking water systems in the building, to the Postal Service. Sites cannot have any contaminated soil or water above applicable federal, state or local action levels or undisclosed underground storage tanks. Unless due to the act or negligence of the Postal Service, if contaminated soil, water, underground storage tanks or piping or friable asbestos material or any other hazardous/toxic materials or substances as defined by applicable Local, State or Federal law are subsequently identified on the premises, the Landlord agrees to remove such materials or substances upon notification by the U. S. Postal Service at Landlord's sole cost and expense in accordance with EPA and/or State guidelines. If ACBM is subsequently found which reasonably should have been determined, identified, or known to the Landlord, the Landlord agrees to conduct, at Landlord’s sole expense, an asbestos survey pursuant to the standards of the Asbestos Hazard Emergency Response Act (AHERA), establish an Operations and Maintenance (O&M) plan for asbestos management, and provide the survey report and plan to the Postal Service. If the Landlord fails to remove any friable asbestos or hazardous/toxic materials or substances, or fails to complete an AHERA asbestos survey and O&M plan, the Postal Service has the right to accomplish the work and deduct the cost plus administrative costs, from future rent payments or recover these costs from Landlord by other means, or may, at its sole option, cancel this Lease. In addition, the Postal Service may proportionally abate the rent for any period the premises, or any part thereof, are determined by the Postal Service to have been rendered unavailable to it by reason of such condition. The Landlord hereby indemnifies and holds harmless the Postal Service and its officers, agents, representatives, and employees from all claims, loss, damage, actions, causes of action, expense, fees and/or liability resulting from, brought for, or on account of any violation of this clause. The remainder of this clause applies if this Lease is for premises not previously occupied by the Postal Service. By execution of this Lease the Landlord certifies: a. the property and improvements are free of all contamination from petroleum products or any hazardous/toxic or unhealthy materials or substances, including friable asbestos materials, as defined by applicable State or Federal law; General Conditions to USPS Ground Lease groundgc (Oct 2009) GC-3 b. there are no undisclosed underground storage tanks or associated piping, ACBM, radon, lead-based paint, or lead piping or solder in drinking water systems, on the property; and c. it has not received, nor is it aware of, any notification or other communication from any governmental or regulatory entity concerning any environmental condition, or violation or potential violation of any local, state, or federal environmental statute or regulation, existing at or adjacent to the property. 10. FACILITIES NONDISCRIMINATION a. By executing this Lease, the Landlord certifies that it does not and will not maintain or provide for its employees any segregated facilities at any of its establishments, and that it does not and will not permit its employees to perform services at any location under its control where segregated facilities are maintained. b. The Landlord will insert this clause in all contracts or purchase orders under this Lease unless exempted by Secretary of Labor rules, regulations, or orders issued under Executive Order 11246. 11. CLAUSES REQUIRED TO IMPLEMENT POLICIES, STATUTES, OR EXECUTIVE ORDERS The following clauses are incorporated in this Lease by reference. The text of incorporated terms may be found in the Postal Service’s Supplying Principles and Practices, accessible at www.usps.com/publications. Clause 1-1, Privacy Protection (July 2007) Clause 1-5, Gratuities or Gifts (March 2006) Clause 1-6, Contingent Fees (March 2006) Clause 4-2, Contract Terms and Conditions Required to Implement Policies, Statues or Executive Orders (July 2009) Clause 9-3, Davis-Bacon Act (March 2006)1 Clause 9-7, Equal Opportunity (March 2006)2 Clause 9-13, Affirmative Action for Handicapped Workers (March 2006)3 Clause 9-14, Affirmative Action for Disabled Veterans and Veterans of the Vietnam Era (March 2006)4 Clause B-25, Advertising of Contract Awards (March 2006) Note: For purposes of applying the above standard clauses to this Lease, the terms “supplier,” “contractor,” and “lessor” are synonymous with “Landlord,” and the term “contract” is synonymous with “Lease.” 1 For premises with net interior space in excess of 6,500 SF and involving construction work over $2,000. 2 For leases aggregating payments of $10,000 or more. 3 For leases aggregating payments of $10,000 or more. 4 For leases aggregating payments of $25,000 or more. AGENDA SECTION:CONSENT CALENDAR AGENDA ITEM #6.B. STAFF REPORT NO. 99 CIT Y COUNCIL ME E T ING 6/27/2017 RE P O RT P RE PA RE D B Y: K ate A itchison/J ulie Urban, Housing S pecialists 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 6/21/2017 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 6/22/2017 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 execution of a Joint Cooperation Agreement between the C ity of Richfield and Hennepin County for participation in the U rban Hennepin County Community D evelopment Block G rant Program, 2018-2020. E X E C UT IV E S UM M ARY: Every three years, the C ity of Ric hfield executes a J oint C ooperation Agreement (J C A) with Hennepin County that allows it to receive federal Community D evelopment Block Grant (C D B G) entitlement funding. The J C A automatically renews every three years; however, Hennepin County is proposing several c hanges that require the City C ounc il to approve a revised J C A. The new J C A will cover the y ears 2018-2020. The two main additions to the 2018-2020 J C A include: Clarific ation of Affirmatively Furthering Fair Housing requirements, including that cooperating units may lose some or all C D B G funding if they fail to c omply with fair housing requirements. Creation of a process for pooled, competitive funding awards for public servic e ac tivities. RE C O M M E ND E D AC T IO N: By motion: Approve a resolution authorizing the execution of a Joint Cooperation Agreement between the City of Richfield and H ennepin County for participation in the Urban H ennepin C ounty Community Development B lock Grant Program, 2018-2020. B AS IS O F RE C O M M E ND AT IO N: A.H IS TOR IC AL C ON TEXT Hennepin County is proposing the following changes to the JCA for 2018-2020: Clarification of Affirmativ ely Furthering Fair Housing re quirements. In 2014, Hennepin County was required to review its programming efforts in light of fair housing and produce an Analysis of Impediments (AI) to fair housing. An amendment to this AI was required in 2016. A consultant was hired and presented its findings to Hennepin County in the spring of 2017. Hennepin County, as a H U D grantee, must provide oversight to its cooperating units (in this case, the City of Richfield). T he J C A revisions require cities to comply with fair housing requirements or lose some or all CDB G funding. Cre ation of a process for poole d, compe titive funding aw ards for public service activ ities. T he cities currently issue their own Request for Proposals and select service providers to receive awards. Many of the providers receive awards from multiple cities; therefore, consolidating all public service funds into one pool will simplify program administration. City staff anticipate having continued input into the award process. B.P OL IC IE S (resolutions, ordinances, regulations, statutes, etc): All C D B G-funded activities must meet one of three national objectives: 1) benefiting low- and moderate-inc ome persons, 2) preventing or eliminating slums and/or blight, or 3) meeting an urgent need. I n addition, ac tivities must be consistent with priorities identified in the County's Consolidated Plan. Those priorities inc lude a variety of housing ac tivities, suc h as housing rehabilitation, public services to maintain or inc rease self-sufficiency, and neighborhood revitalization ac tivities. The J C A ensures the ongoing opportunity to fund C D B G programs and projects in Richfield, inc luding the D eferred Loan and New Home programs. C.C R IT IC AL T IMIN G ISSU E S: The resolution approving the J C A and executed c opies of the J C A must be returned to Hennepin County by J uly 20, 2017. D.F IN AN C IAL IMPAC T: C D B G funds are federal funds awarded to the C ity through Hennepin County. Falure to approve the J C A will result in the City losing its C D B G funding. The C ity was awarded $244,979 in C D B G funds for Federal Fisc al Year 2017. E.L E GAL C ON S ID E R AT ION : A certified resolution is required to approve the J C A. ALT E R N AT IV E R E C O MME N D AT IO N(S): Council may c hoose to not adopt the resolution. 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 EXECUTION OF A JOINT COOPERATION AGREEMENT BETWEEN THE CITY OF RICHFIELD AND HENNEPIN COUNTY FOR PARTICIPATION IN THE URBAN HENNEPIN COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM IN FISCAL YEARS 2018-2020 WHEREAS, the City of Richfield, Minnesota and the County of Hennepin have in effect a Joint Cooperation Agreement for purposes of qualifying as an Urban County under the United States Department of Housing and Urban Development Community Development Block Grant (CDBG), Emergency Solutions Grants (ESG) Program, and HOME Investment Partnerships (HOME) Programs; and WHEREAS, the City and County wish to execute a new Joint Cooperation Agreement in order to continue to qualify as an Urban County for purposes of the Community Development Block Grant, ESG and HOME Programs. BE IT THEREFORE RESOLVED that a new Joint Cooperation Agreement between the City and County be executed effective October 1, 2017, and that the Mayor and the City Manager be authorized and directed to sign the Agreement on behalf of the City. Adopted by the City Council of the City of Richfield, Minnesota this 27th day of June, 2017. Pat Elliott, Mayor ATTEST: Elizabeth VanHoose, City Clerk AGENDA SECTION:CONSENT CALENDAR AGENDA ITEM #6.C. STAFF REPORT NO. 100 CIT Y COUNCIL ME E T ING 6/27/2017 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 6/20/2017 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 6/21/2017 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 amendment to the 2016-2017 agreement between the City of Richfield and the City of B loomington for Public H ealth Emergency Prepar edness Services. E X E C UT IV E S UM M ARY: The City of Richfield has had a Public Health Emergency Preparedness contract with the City of Bloomington to provide public health emergenc y preparedness servic es on Richfield's behalf for over thirteen years. The Ric hfield City C ounc il approved of this annual c ontrac t for 2016-2017 on October 5, 2016. The City received additional federal funding for on-going public health preparedness operations for 2016- 2017 in the amount of $6,179 and desires to use this additional funding to continue to purchase Public Health Emergency Preparedness from the City of Bloomington under the terms and conditions of the original agreement. RE C O M M E ND E D AC T IO N: By Motion: Approve an amendment to the 2016-2017 agreement between the C ity of Richfield and the City of Bloomington in the amount of $6,179 to be used to continue purchasing Public H ealth Emergency Pr eparedness Services under the terms and conditions of the or iginal agreement. B AS IS O F RE C O M M E ND AT IO N: A.H IS TOR IC AL C ON TEXT On occ asion, the State of Minnesota has amended our Public Health E mergenc y Preparedness grant monies with additional small amounts of money. This has not happened with any frequency, but the amount of $6,179 is being added for the grant work that Richfield will receive in 2016-2017 and desires the additional funding to be used to continue purchasing services from the City of Bloomington. B.P OL IC IE S (resolutions, ordinances, regulations, statutes, etc): The C ity of Ric hfield became a Loc al Public Health Agenc y (L P HA) in 1977, which makes the City eligible to rec eive these grant funds to use in the development of a public health emergency response system specific to Richfield and its needs. C.C R IT IC AL T IMIN G ISSU E S: These funds are part of a nationwide effort by the Federal government to respond to serious public health emergencies, to include threats of bioterrorism. D.F IN AN C IAL IMPAC T: Funds being used are those given to Ric hfield as an LP H agency, from the federal government, to develop a system responding to public health emergenc y preparedness and bioterrorism threats. E.L E GAL C ON S ID E R AT ION : The C ity must c omply with the requirements of the grant in order to rec eive grant funds. The C ity Attorney has reviewed the contents of the contract and has approved it. 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 an amendment to the contract they originally approved on October 5, 2016 and not acc ept an additional $6,179 in funding that would go the C ity of Bloomington via that contract. This would mean that the C ity would lose the additional grant funds. 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 P ublic Health E mergency P reparedness Grant A mendment C ontract/A greement AGENDA SECTION:PUBLIC HEARINGS AGENDA ITEM #8. STAFF REPORT NO. 101 CIT Y COUNCIL ME E T ING 6/27/2017 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 6/21/2017 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 6/22/2017 I T E M F O R C O UNC I L C O NS I D E RAT IO N: Public hearing and consideration of the second reading of a transitory or dinance vacating 17th Avenue street right-of-way adjacent to the proposed Plaza 66 commercial development. This hearing was continued from 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. The right-of-way under c onsideration for vacation is approximately 200 feet in length and contains a portion of 17th Avenue that utilizes about 2/3 of this area prior to c oming to a dead end. This dead-ended road currently provides ac cess to two homes at 6608 and 6614 17th Avenue. These properties and the right-of-way are proposed to be inc orporated into the development and there will no longer be a public need for the street right-of-way. RE C O M M E ND E D AC T IO N: Conduct and close the public hearing and by motion: Approve a second reading of a transitory ordinance vacating 17th Avenue street right-of-way adjacent to the proposed Plaz a 66 commercial development (appr ox. 66th Street and 17th Avenue). 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. The C ounc il approved a first reading of a draft transitory ordinanc e on May 24, 2017. Changes to the ordinance were made for clarity at the rec ommendation of the C ity Attorney. 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. The city has notified the applicant that it is extending the deadline for a decision by an additional 60 day s. A decision must be made by August 8, 2017. 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 was published in the Sun Current Newspaper, as required. Mailed notic e was sent to properties within 350 feet of the proposed vac ation. The C ity Attorney has reviewed the proposed vac ation and transitory ordinanc e. 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: Lonnie Provenc her, I nterstate Development AT TAC H ME N TS : D escripti on Type Ordinance Ordinance A rea to be vacated E xhibit D evelopment S ite P lan E xhibit 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 land is a public street for right-of-way purposes (“Street Easement”): That part of 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 and there is a continuing public need for easement for drainage and utility purposes over the Street Easement area. 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 Street Easement is vacated conditioned upon the dedication of drainage and utility (gas, electric, cable) easements in the final plat for Plaza 66 in Richfield. Sec. 8: The vacation of the Street Easement is effective immediately following the recording of a final plat for Plaza 66 in Richfield or 30 days following publication of this Ordinance, whichever is later. 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 27th day of June, 2017. __________________________________ Pat Elliott, Mayor ATTEST: ________________________________ Elizabeth VanHoose, City Clerk 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 NICOLLET AVE66TH ST E 70TH ST EPORTLAND AVE16TH AVE S17TH AVE S35W 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 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 PRELI MI N A RY 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 AGENDA SECTION:PUBLIC HEARINGS AGENDA ITEM #9. STAFF REPORT NO. 102 CIT Y COUNCIL ME E T ING 6/27/2017 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 6/21/2017 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 6/22/2017 I T E M F O R C O UNC I L C O NS I D E RAT IO N: Public hearing and consideration of a resolution for a preliminary and final plat of the "Plaza 66 in Richfield" Addition that will combine six parcels (6609 – 16th Avenue, 6615 – 16th Avenue, 6608 – 17th Avenue, 6614 – 17th Avenue, and two adjacent remnant parcels) and adjacent 17th Avenue right-of-way in order to allow construction of a multi-tenant commercial building. This hearing was continued from June 13, 2017. E X E C UT IV E S UM M ARY: I n conjunction with an applic ation for a Planned Unit D evelopment (Plaza 66) at 66th Street and 16th and 17th Avenues, I nterstate Partners will be replatting the site. T he proposed plat for the Plaza 66 in Richfield Addition has been reviewed by the City Attorney. Prior to the recording of the plat, all comments must be satisfactorily addressed. RE C O M M E ND E D AC T IO N: Conduct and close the public hearing and by motion: Approve a resolution approving the preliminary and final plat of the "Plaz a 66 in Richfield" Addition. B AS IS O F RE C O M M E ND AT IO N: A.H IS TOR IC AL C ON TEXT None B.P OL IC IE S (resolutions, ordinances, regulations, statutes, etc): All plats or subdivisions of land in the City must be approved by counc il resolution pursuant to the provisions of Minnesota State Statutes 462.357. C.C R IT IC AL T IMIN G ISSU E S: Per S tate Statute, the City has 120 days from the date of submittal of a complete application to issue a dec ision regarding plat unless the applic ant agrees to an extension. A complete application was received on A pril 10, 2017. The Council must render a dec ision by August 8, 2017. This public hearing has been continued from J une 13, 2017. Mailed notice of the public hearing was sent to properties within 350 feet of land to be platted. D.F IN AN C IAL IMPAC T: None E.L E GAL C ON S ID E R AT ION : Notic e of this public hearing was published in the Sun Current newspaper, as required. Mailed notic e was sent to property owners within 350 feet (not required). The C ity Attorney has reviewed the proposed plat. 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: Lonnie Provenc her, I nterstate Development AT TAC H ME N TS : D escripti on Type Resolution Resolution L etter P reliminary & F inal P lat E xhibit RESOLUTION NO. RESOLUTION GRANTING APPROVAL OF PRELMINARY AND FINAL PLATS FOR THE PLAZA 66 IN RICHFIELD ADDITION WHEREAS, Interstate Development has requested approval of preliminary and final plat that combines properties located at 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 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, Interstate Development has secured purchase agreement and/or consent of the fee owners of the land to make this application; and WHEREAS, the proposed subdivision is to be known as PLAZA 66 IN RICHFIELD; and WHEREAS, a public hearing was held on the proposed preliminary and final plat of PLAZA 66 IN RICHFIELD on Tuesday, June 27, 2017 at which all interested persons were given the opportunity to be heard; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield, as follows: 1. The proposed preliminary and final plats of PLAZA 66 IN RICHFIELD satisfy the requirements of the City’s subdivision ordinances. 2. Approval of the preliminary and final plats of PLAZA 66 IN RICHFIELD are granted with the following conditions: a. Satisfaction (subject to City Attorney approval) of all items identified in the City Attorney’s plat opinion letter dated May 30, 2017. b. Compliance with any other applicable requirements of the Richfield City Code. c. Compliance with the requirements of the Hennepin County plat review letter dated May 30, 2017. d. The Applicant must submit two mylar copies of the plat for signature by the City. e. The Applicant must file the final plat with the Hennepin County Recorder or Registrar of Titles within 30 days of the approval of this resolution. Adopted by the City Council of the City of Richfield, Minnesota this 27th day of June, 2017. Pat Elliott, Mayor ATTEST: Elizabeth VanHoose, City Clerk EXHIBIT A 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 NICOLLET AVE66TH ST E 70TH ST EPORTLAND AVE16TH AVE S17TH AVE S35W 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 #10. STAFF REPORT NO. 103 CIT Y COUNCIL ME E T ING 6/27/2017 RE P O RT P RE PA RE D B Y: Mary Ti etjen, C ity A ttorney D E PA RTM E NT D IRE C TOR RE V IE W: S teven L . D evich, C ity Manager 6/21/2017 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 6/21/2017 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 abolishing the Police Civil Service Commission; r epealing Subsection 305.05 of the City C ode that creates a joint Police and Fire Civil Service Commission; adopting a new Subsection 305.05 to continue the Fire C ivil Service Commission; and r escinding the Resolution dated O ctober 29, 1945 creating a police civil service commission in the Village of Richfield. E X E C UT IV E S UM M ARY: For more than 70 y ears, the Ric hfield Police Department’s hiring and promotional processes have been governed by a P olice C ivil Servic e Commission and Rules and Regulations promulgated by the Commission and approved by the C ity Council. The Commission’s Rules include strict guidelines and proc esses for hiring and promotions that are based on requirements mandated by state law. State law allows for very little flexibility in how these proc esses are carried out. I n Marc h 2017, the City of Richfield initiated a Promotional Process I mprovement and D iverse Rec ruitment Study. The study was c onducted by Attorney and Consultant Michelle Soldo of S oldo C onsulting, P.C. Ms. Soldo is an expert in the area of employment and labor law and has advised other Minnesota c ities on civil service related issues. As a result of the study, Ms. Soldo’s primary recommendation was that the City should consider abolishing the Police C ivil Service C ommission. Her recommendation is based on the following factors: 1. The Civil S ervice form of governance was implemented by state law in the early 1930s and its original objective was to separate hiring and firing of offic ers from Council and local politic s. This c oncern is no longer prevalent given that the City has subject matter experts – a City Manager, human resource professionals, labor attorneys, and unions – to c arry out these duties; 2. Richfield is one of only 17 Minnesota c ities still utilizing a Police Civil S ervice C ommission, which further signals the decline of this form of governanc e; 3. The Commission is comprised of community members who ty pically have not had professional background or expertise in polic e department recruitment, hiring, and promotions; 4. The role of the Commission has been greatly reduc ed over the years as the Rules delegate many of the func tions to the Police Chief and discipline and terminations are governed by Union contracts; and 5. T he most important reason for the recommendation is that if the Commission is not abolished, the City cannot participate in diversity-focused Officer hiring programs because of the constraints placed on the City by State civil service laws and the Commission’s Rules. For all of these reasons, staff is rec ommending that the City C ounc il abolish the P olice C ivil Servic e Commission of the City of Richfield. The action requires unanimous approval by the C ity Council. I f the Council approves the ac tion, it would not impact the Fire Civil Service Commission, which would c ontinue. RE C O M M E ND E D AC T IO N: By Motion: Approve the second reading of an ordinance abolishing the P olice C ivil Service Commission; r epealing Subsection 305.05 of the City C ode that creates a joint Police and Fire Civil Service Commission; adopting a new Subsection 305.05 to continue the Fire C ivil Service Commission; and r escinding the Resolution dated O ctober 29, 1945 creating a police civil service commission. B AS IS O F RE C O M M E ND AT IO N: A.H IS TOR IC AL C ON TEXT Provided in Executive Summary. B.P OL IC IE S (resolutions, ordinances, regulations, statutes, etc): Subsec tion 305.05 of the City Code must be repealed to abolish the Polic e Civil Service Commission and a new subsection adopted to continue the Fire Civil S ervice C ommission. Minnesota Statutes Sec tion 419.16 requires a unanimous vote of the C ity Council to abolish the Police C ivil Servic e Commission. C.C R IT IC AL T IMIN G ISSU E S: After the P olice C ivil Servic e Commission is abolished, the Police D epartment will be able to participate in diversity-foc used hiring programs similar to other cities in the metropolitan area. Ms. S oldo will be preparing a second report outlining her recommendations for future promotional processes as soon as possible to c omplete the scope of her consultation work. The c ontent of this sec ond report will depend upon the Council’s action to abolish or preserve the Police Civil Service C ommission. D.F IN AN C IAL IMPAC T: Staff time and resources spent on organizing and attending Commission meetings, as well as managing Commission-related issues will no longer be necessary. E.L E GAL C ON S ID E R AT ION : The C ounc il may abolish the Police C ivil Servic e Commission by unanimous vote. The J oint Police and Fire Civil Service Commission was established by subsec tion 305.05 of the City Code. S ubsec tion 305.01 of the C ity Code states the Council may eliminate a Commission by adopting a resolution or ordinance rescinding the resolution or ordinance establishing the Commission. ALT E R N AT IV E R E C O MME N D AT IO N(S): The C ounc il could decline to abolish the Polic e Civil Service Commission and direc t staff to begin the process of overhauling the Commission’s rules so that they are consistent with existing practic es. Not abolishing the C ommission would prevent the City from partic ipating in diversity -focused hiring programs. 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 Ordinance Ordinance BILL NO. _____ AN ORDINANCE REPEALING SUBSECTION 305.05 OF THE RICHFIELD CITY CODE ABOLISHING THE POLICE CIVIL SERVICE COMMISSION AND ADOPTING A NEW SUBSECTION 305.05 TO CONTINUE THE FIRE CIVIL SERVICE COMMISSION THE CITY OF RICHFIELD DOES ORDAIN: Section 1. Subsection 305.05 of the Richfield City Code is repealed in its entirety and replaced with the following new Subsection 305.05. 305.05. - Fire Civil Service Commission. Subdivision 1. Abolish police civil service. The Police Civil Service Commission is abolished. Subd. 2. Fire Commission continued. The former joint police and fire civil service commission is now known as the Fire Civil Service Commission and shall continue. Subd. 3. Membership. The Fire Civil Service Commission shall consist of three (3) members appointed for terms in the same manner, for the same terms, and with the same qualifications pursuant to Minnesota Statutes, Chapter 420. Terms of commissioners are for three (3) years commencing on February 1 of the year of appointment. Section 2. Subsection 310.09 of the City Code is amended as follows: Subdivision 1. General. Appointments to the municipal service shall be made by the Manager. Appointments shall be made on the basis of merit and fitness for the position. Department heads shall be appointed by the City Manager, subject to Council approval in accordance with Section 6.02, Subsection 3 of the Charter; other appointments to positions in the municipal service shall be made by the City Manager after receiving the recommendation of the appropriate department head and shall be in accordance with the rules of the joint fire and police civil service commission where applicable. Section. 3. This Ordinance will be effective in accordance with Section 3.09 of the City Charter. Adopted this 27th Day of June, 2017. ___________________________ Pat Elliott, Mayor ATTEST: ________________________ Elizabeth VanHoose, City Clerk