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07-11-2017 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 JU LY 11, 2017 5:15 P M C all to order 1.E quity Ini ti atives 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 July 6, 2017 Council Memorandum No. 65 The Honorable Mayor and Members of the City Council Subject: Equity Initiatives Panel Discussion Council Members: At the July 11 Council work session there will be staff members from the cities of Bloomington and Brooklyn Park joining us for a discussion about equity initiatives. Former Bloomington Assistant City Manager, Elizabeth Tolzmann (she recently changed jobs and is now the Director of Planning and Policy for Ramsey County) and Brooklyn Park Assistant City Manager, Wokie Freeman will share: 1. Why their cities are participating in racial equity work; 2. Examples of what their cities are doing to normalize, organize, and operationalize their racial equity work; and 3. Examples of early impact/success of their work. Ms. Tolzmann has provided some relevant documents for you to review prior to the work session (see attached). She also provided links to some articles she thought would be helpful for the context of the discussion as well exemplify the regional impact of the work around racial equity: http://www.racialequityalliance.org/2016/12/06/people-behind-movement/ https://www.lmc.org/page/1/RacialEquityMayJune2016.jsp https://www.lmc.org/page/1/MessageMattersMarApr2017.jsp Due to time constraints, we will not have time to watch Bloomington’s video explaining their story, but I encourage you to watch it ahead of time at this link: https://www.youtube.com/watch?v=VI_j7jZM0QY&t=34s Respectfully submitted, Steven L. Devich City Manager SLD:pd Email: Assistant City Manager Department Directors City of Bloomington- Strategic Plan Summary 2017-20 Strategic Priority Desired Outcome Key Outcome Indicator Performance Target Strategic Initiatives Community Amenities- Maintain and Expand Comprehensive funding strategy for capital needs - Executive Summary Project Status -Funding analyses Adopted Q2 2018 a) Expand CIP to include all capital needs. The CIP financial reports should only include the project financial portion of the City, Port and HRA. b) Develop plan based on recommendations of community center taskforce c) Create customized, community engagement strategies for city- owned amenities and park/recreation facilities Community Center decision -Community support analysis -Task force feedback Following task force input, series of City Council decisions on whether to move forward, and if so, site options, funding strategies, etc., starting in January 2017 Strong support for city- owned amenities and park/recreation facilities Feedback/survey Majority of survey responses indicate strong support for facilities and parks Community Image One Bloomington - Surveys - Feedback stmts. - Soc. media posts One Bloomington marketing campaign adopted by Q3 2017 a) Create a #OneBloomington branding and marketing campaign b) Develop comprehensive media strategies c) Establish joint marketing strategy with school district d) Develop art and placemaking plan for entire city Positive Image of Bloomington -Stories – all media - Survey/feedback 85% of residents report favorable image Joint marketing with school district Annual report on joint marketing 3 marketing activities with school district Environmental Sustainability Reduce city-wide carbon footprint Total CHG per capita regional indicator index Reduce Bloomington’s tons per capita every year a) Establish an environmental sustainability commission b) Maintain and update water reports c) Create a solid waste diversion plan Improve surface water quality List of compliance reports Meet adopted standard for each water body Reduce volumes delivered to landfills/incinerators Tonnage 10% reduction in tonnage More affordable housing Annual affordable housing report to City Council Meet Met Council 2030 affordable housing target a) Create a developer & stakeholder engagement plan, including strategies to meet targets City of Bloomington- Strategic Plan Summary 2017-20 Focused Renewal Renew priority neighborhood commercial nodes Node renewal process reports Meet adopted schedule b) Adopt a strategy and funding for neighborhood commercial renewal d) Establish resident engagement on neighborhood innovation and improvement Successful neighborhood renewal innovation Renewal project reports Council & neighborhood agree on successful project innovation High Quality Service Delivery Financial sustainability of all funds All Council approved budget should have long- term financial plans (5-15 year projections) Each of the approved budgets should include working capital goals and actual/projected working capital balances. The actual/projected working capital balances should be at 80% or better of the working capital goal. a) Establish financial sustainability targets and standards b) Implement High Performing Organization (HPO) training and incorporate five service areas for targeted customer service improvement Meet customer expectations -Customer feedback - Surveys -Feedback using community engagement tools (focus groups, etc.) 85% satisfied customers Improved customer service Tracking reports—five service areas Meet targeted improvement levels in five areas as determined by survey results, staff analysis and community/customer feedback Inclusion and Equity More diverse advisory boards Board rosters Composition of boards is reflective of the community a) Create a leadership cohort program for underrepresented populations b) Expand marketing and outreach program to underrepresented and underserved populations c) Adopt pathways and internship programs that target underrepresented populations d) Create a hiring and retention strategy for people of color e) Train city staff on diversity f) Create a racial equity toolkit More diverse workforce Annual reports, rosters Workforce is reflective of the community More diverse program participation Program rosters Increase in share of program participants who identify as racial or ethnic minorities Items with less than 5 dots – Blue Items between 5-9 dots – Yellow Items with 10 dots and up - Green Inclusion and Equity More diverse advisory boards Start Responsible Action Measure of Success # Q3 2016 Each departments Hold meetings in other venues Hold meetings at mosque, Sikh temple, organ like MIRA/Assumption Church 9 Q3 2016 Human Services Marketing different languages, Univision Written, socials and electronic materials and distribute to cultural communities, application received and appointed 8 Q3 2016 Board liaisons, outreach coordinator Engage/connect with diverse populations Count on # of relationships established with div. pops 5 Q3 2016 Liaisons Be at community events – heritage days, summer fete Fill out app, submit and get appointed 7 Q3 2016 Ask them how to do this All board have meeting minutes that address this 2 Q3 2016 Deb Smith/Communications Communication blitz for openings Count # of media outlets and # of diverse applicants 5 Q4 2016 City Manager/ Communications/ Staff Liaison Facts about them and why they are vital Fact sheets and talking points provided, web metrics for views 2 Q4 2016 Outreach coordinator/ liaisons Utilize key leaders to communicate with their members # relationships established 4 Q4 2016 Alejandra Identify barriers as to why people to do apply to boards # of focus conversations 7 Q1 2017 Elizabeth Create a leadership cohort program for underserved groups Completion of program; # of applicants to boards 2 Q1 2017 Provide education/classes on how gov/committees work 7 Q1 2017 Legal/HR Determine legal way to identify the diversity of board applicants Applicant diversity is identifiable 3 Items with less than 5 dots – Blue Items between 5-9 dots – Yellow Items with 10 dots and up - Green Q1 2017 Liaisons to commissions/boards Research transportation and daycare provided Supports are established and available if a person needs 1 Q1 2017 Comm liaisons Engage people on their turf # of meetings outside civic plaza 5 Q2 2017 City Manager/Staff liaisons Recognize boards for their work Top board member award 1 Q2 2017 City Council/City Manager Ask them for input more so feel valued City Council tasks board with specific work. Records of meeting 1 More diverse workforce Start Responsible Action Measure of Success # Each department Revise job descriptions to include cultural competencies Update/review all job descriptions 6 Q3 2016 HR Analyze disparity between FT and PT/Seasonal for equity in benefits Report that identifies racial % of employee classifications 0 Q4 2016 HR Identify how to develop standards for hiring Creating policies that the decision makers follow. Researching what other companies that emphasize diversity have done 2 Q4 2016 HR Create an environment to retain people of color in the city Retention rates of POC 5 Q4 2016 HR Assess barriers of why POC are not getting govt jobs Evaluation/review of application and post interview process 11 Q4 2016 HR Director Increase opportunity for part-time/seasonal to transition to full-time Adoption of a new/revised policy on internal openings 13 Q4 2016 EMT Commit to hiring and promoting people of color into management positions Develop and publish statement of intentions 5 Q1 2017 EMT Promote language that the city is dedicated to racial equity and inclusion Update city policies 2 Q1 2017 Asst City Manager/DCPE Partner with community organizations to host job fairs where people are # of job fairs touched” at job fairs 7 Q1 2017 Communications/Council Create diversity visibility – displays, emails, outreach Creation of displays, frequency of emails/outreach 6 Q1 2017 HR Be deliberate in advertising and recruiting in communities of color Report out advertising channels 13 Q1 2017 Racial Equity Team Provide supervisor (all staff) training on meaning/importance of racial equity in hiring Hold training activities on an ongoing basis 14 Q3 2017 HR Cultivate diverse pool of interested and qualified employees. Outreach to youth (Bloomington Schools); internships; connect with higher ed institutions Develop and implement outreach program 11 More Diverse Program Participation Start Responsible Action Measure of Success # Items with less than 5 dots – Blue Items between 5-9 dots – Yellow Items with 10 dots and up - Green Q3 2016 Communications Create social media accounts to gear toward younger demographics, include flyers, programs, etc. Focusing on ethnic and racial groups, can be found when sign up 2,000 contacts added, 8-10 snaps sent by July 8 6 Q3 2016 Elizabeth Collaborate with community partners (school, non- profit, businesses, etc.) in aligning our strategies # of partnerships and desired actions/strategies 7 Identify transportation limitations (public-transit) 1 Q4 2016 Each department Identify baseline demographics, who is participating Report of data 12 Q4 2016 Racial Equity Team Apply a racial equity toolkit to all policy, programs, practices, and budget decisions Development and implementation of toolkit 10 Q4 2016 Cross dept. team Conduct studies/focus groups barriers of why racially/ethnically diverse residents do not participate # of focus groups that are representative of community 8 Q4 2016 Each department Identify existing programs Report of programs 4 Q4 2016 Alejandra Change our community engagement strategies to target racially/ethnically diverse residents Increase in diverse residents in our programs 8 Communications Web based programs for shut-ins/disabled etc. 1 Community Services Cultural seminars – classes 1 Q1 2017 Each department Translate and culturally appropriate marketing of programs and services Materials and PR are in top languages spoken in Bloomington and registration elects diversity 6 All departments National Night Out Community Night 0 Q1 2017 All departments Make adjustments to our application, marketing, forms, etc. # of adjustments on applications 2 Q3 2016 Community liaison Create and update program list of all organizations, sports, programs that focus on young, ethnic/racial demographics Create list of “knowns”. Add 12 more July 8 4 Q2 2017 Community Services Identify gaps in programs through community engagement with diverse communities By Q2 2017, the city will have engaged with community through four town halls 7 Each department Identify goal, identify increase By Q3 2017 each program/department will set their new goal for increased participation 1 As a result of participation, each jurisdiction will have: • Racial equity training curriculum • Trained facilitators to implement training with other employees • Racial equity tools to be used in policy, practice, programs and decisions • Examples of policies and practices that help advance racial equity • Racial equity action plan Shared definitions, concepts and principles Equality Equity Racial equity - "Closing the gap" so that race does not predict one's success, while improving outcomes for all. To do so, one has to target strategies to focus improvements for those worse off and move beyond “services” and focus on changing policies, institutions and structures. Bias - the evaluation of one group and its member relative to another. We all carry bias. Acting on bias can be discriminatory and create negative outcomes for particular groups. Equality is about Sameness. Equality promotes fairness and justice by giving everyone the same thing. It can only work if everyone starts from the same place. Equity is about Fairness. Our differences and history can create barriers to participation, so we must first insure equity before we can enjoy equality. Bloomington is a changing community. The incoming Kindergarten class will be mostly students of color. If we are to be culturally competent as a community and diverse and inclusive as an organization, then our team needs to take the lead in acknowledging and advancing racial equity within Bloomington. As a result of our commitment to racial equity, our residents will be authentically engaged in our civic processes, our workforce will be more reflective of our community, and Bloomington will sustain itself as a welcoming, vibrant, stable, healthy, safe and desirable place to live, play and do business. In order to advance this commitment, we need to ensure that equity and disparities are considered when reviewing or adopting City practices, policies and ordinances. We also need to invest in resources, training, time and safe spaces for dialogue and healthy conversations on race within our organization. Trust is the foundation for building and maintaining a healthy community and once we better understand who we are as a community, we can begin to work toward building an organization that equitably serves our community. Racial equity training A team from the City of Bloomington is attending a year-long advanced racial equity training from the Local and Regional Government Alliance on Race & Equity. The “Advancing Racial Equity: the Role of Government” workshop will provide an introduction to the role, responsibilities and opportunities for government to advance racial equity. Racial inequities are not random; they have been created and sustained over time. Inequities will not disappear on their own. A growing field of practice is available so that local and regional government can proactively work to advance racial equity, focusing on eliminating inequities and increasing success for all. - Local and Regional Government Alliance on Race & Equity Advancing racial e uity: the role of government Objectives • Gain understanding of the role of government in relation to racial equity • Develop a shared racial equity analysis including definitions of terminology • Develop skills at analyzing policies and practices from a racial equity perspective and communicating about race • Strategize with others about how government can advance racial equity City of Bloomington Team: Jamie Verbrugge, City Manager Elizabeth Tolzmann, Assistant City Manager Denis Otterness, Deputy Chief of Police Doug Belton, JCPP Community Liaison Nick Kelley, Public Health Asst. Administrator Lorinda Pearson, Human Services Manager Lynn Moore, Environmental Health Manager Full-time City of Bloomington employees Source: Unconscious (Implicit) Bias and Health Disparities: Where Do We Go from Here? Source: True Democracy? Racial Equity Opportunities for Government and Our Communities. 504 Caucasian 13 Asian/Pacific Islander 12 Hispanic 10 African American 1 American Indian 540 Total A. American Indian 1.5% B. Asian/Pacific Islander 9.5% C. Hispanic 16.7% D. African American 19.9% E. Caucasian 52.4% A. American Indian 0.3% B. Asian/Pacific Islander 6.4% C. Hispanic 7.2% D. African American 7.3% E. Caucasian 75.8% F. Other 3.1% A A B B C C D D E E F Institutional/Explicit Individual/Explicit Institutional/Implicit Individual/ImplicitPolicies which explicitly discriminate against a group. Example: Police department fails to hire people of color. Policies that negatively impact one group unintentionally. Example: The Department of Health fails to make information about vaccinations and other vital services available to Somalis, Latinos and other immigrant populations. Prejudice in action – discrimination. Example: An employee from Parks and Recreation uses racial slurs while working on a playground equipment at a City park. Unconscious attitudes and beliefs. Example: An employee working the information desk calls for police when seeing a large group of young African Americans gather for a film celebrating the life of Thurgood Marshall. Explicit bias 2015-2016 school by ethnicity for all grades for Bloomington Public Schools 2014 Estimates of Bloomington’s Population by Ethnicity • Expressed directly • Aware of bias • Operates consciously • Example – “I like whites more than Latinos.” Implicit bias • Expressed indirectly • Unaware of bias • Operates subconsciously • Example – sitting further away from a Latino than a white individual What is Bloomington Learn to Lead Initiative? This free program is designed to empower individuals to become involved in local municipal government including city, school district and nonprofit boards and commissions. Over the course of six months, participants will learn how local government functions and the role nonprofit organizations serve in the community. Leadership skills will be developed through educational sessions and one-on-one mentoring with City and community officials. Who is a good candidate? The City of Bloomington is looking for candidates who offer a combination of these profiles: • Passion and commitment to improving the Bloomington community. • Desire to learn and develop leadership skills, which can be applied to civic and nonprofit organizations. • Bring a unique perspective and/or experience as a member of or working with an underrepresented community. • Strong interest in networking and building relationships with City and local nonprofit staff and elected officials. Time commitment The time commitment is approximately 40 hours over a six month period. Space is limited and participants are expected to attend all sessions. 2017 Program Topics/Dates/Times • Program Kick-Off Monday, May 15 5 – 8 p.m. • Government 101 Saturday, June 10 9 a.m. – 1 p.m. • Dinner Session Tuesday, June 20 6 – 8 p.m. • Infrastructure Saturday, July 15 9 a.m. – 1 p.m. • Dinner Session Tuesday, July 25 6 – 8 p.m. • Safety Saturday, August 12 9 a.m. – 1 p.m. • City Services Saturday, September 9 9 a.m. – 1 p.m. • Dinner Session Tuesday, September 19 6 – 8 p.m. • Community Organizing Saturday, October 14 9 a.m. – 1 p.m. • Dinner Session Tuesday, October 24 6 – 8 p.m. • Capstone Presentation Monday, November 20 5 – 7 p.m. Capstone project Participants will complete their training with a capstone project demonstrating what they have learned and will share with city council and their communities. Application Deadline: April 21, 2017. Preference given to Bloomington residents. Questions: Contact Melissa Wurst-Persaud, 952-563-4950, mwurstpersaud@BloomingtonMN.gov S P E C IAL J O IN T C ITY C O U N C IL, H O U S IN G AN D R ED E V E L O P ME N T AU T H O R IT Y, AN D P L AN N IN G C O MMIS S IO N W O R K S E S S IO N R IC H F IE L D MU N IC IPAL C EN TER, B AR T H O L O ME W R O O M JU LY 11, 2017 6:05 P M C all to order 1.C ity Garage S outh P roposal 2.J aguar and L and Rover D ealership P roposal 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 July 6, 2017 Council Memorandum No. 68 HRA Memorandum No. 19 Housing and Redevelopment The Honorable Mayor Authority Commissioners And City of Richfield Members of the City Council Subject: July 11 Work Session Development Proposals Council and Commissioner Members: At the July 11 W ork Session, the Council and Commissioners will hear the following development proposals: 1550 78th Street East Representatives of Morrie’s Automotive Group will present preliminary plans fo r a Jaguar / Land Rover dealership on property currently owned and occupied by Adler Graduate School. 7700 Pillsbury Avenue Steven Nicolai of Nicolai Apartments will present preliminary plans for a multi -family housing development on the south half of the former City Garage property. This property is owned by the HRA and currently leased to Richfield Bloomington Honda for employee parking. Respectfully submitted, Steven L. Devich City Manager SLD:mp Email: Assistant City Manager Planning Commissioners Department Directors 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 JU LY 11, 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 Joint C i ty C ouncil, Housing and Redevelopment A uthority, and P lanning C ommission Work S ession of J une 19, 2017; (2) S pecial C ity C ouncil Work S ession of J une 27, 2017; and (3) Regular C ity C ouncil Meeting of J une 27, 2017. P R E S E N TATIO N S 1.A nnual Meeting of the A dvisory B oard of Health C O U N C IL D IS C U S S IO N 2.Hats Off to Hometown Hits AG E N D A AP P R O VAL 3.A pproval of the A genda 4.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 resolutions to approve special legislation for the C edar Avenue and Lyndale Gardens Tax Increment F inancing D istricts. S taff Report No. 104 5.C onsideration of items, if any, removed from C onsent C alendar R E S O L U T IO N S 6.C onsideration of the approval of a resolution granting a conditional use permi t and variance to allow a restaurant at 6436 P enn Avenue. S taff Report No. 105 7.C onsideration of the approval of a resolution granting a conditional use permi t and variances to allow a restaurant and cafe to operate at 817 E ast 66th S treet. S taff Report No. 106 C IT Y MAN AG E R ’S R E P O R T 8.C ity Manager's Report C L AIMS AN D PAYR O LL S 9.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. C LO SE D E X E C U TIV E S E S SIO N 10.C losed E xecuti ve S ession pursuant to Minnesota S tatutes S ection 13D .05, subd. 3(b) to have an attorney-client privileged di scussion regarding C ity of Ri chfi eld v. L aw E nforcement L abor S ervi ces, Inc., Hennepin C ounty D istrict C ourt F ile No. 27-C V-17-3645. 11.A djournment Auxiliary aids for individuals with disabilities are available upon request. R equests must be made at least 96 hours in advance to the C ity Clerk at 612-861-9738. CITY COUNCIL MEETING MINUTES Richfield, Minnesota Special Joint City Council, Housing and Redevelopment Authority, and Planning Commission Work Session June 19, 2017 CALL TO ORDER The joint work session was called to order by Chair Supple at 6:15 p.m. in the Bartholomew Room. Council Members Pat Elliott, Mayor and Simon Trautmann. Present: Council Members Edwina Garcia; Michael Howard; and Maria Regan Gonzalez. Absent: HRA Members Mary Supple, Chair; Pat Elliott; and Doris Rubenstein. Present: HRA Members Michael Howard and Sue Sandahl. Absent: PC Members Erin Vrieze Daniels; Sean Hayford Oleary; Allysen Hoberg; and Bryan Pynn. Present: PC Members Gordon Vizecky; Susan Rosenberg; and Dan Kitzberger. Absent: Staff Present: John Stark, Community Development Director Item #1 THE CHAMBERLAIN (CEDAR POINT SOUTH) DEVELOPMENT UPDATE Steve Schwanke of Inland Development Partners introduced himself and Todd Elkins, Urban Works (architect) and Todd Shaver of Inland. Mr. Schwanke presented plans and renderings representing their development proposal. Council Members and Commissioners shared their comments and questions. There was broad-based support of preserving the existing 33 units of affordable housing in the development. Community Development Director Stark provided an update of potential next steps. There was general consensus that the proposal has many positive aspects, but a few details that need to be examined further, and staff was given general direction to work with the developer on progressing to the next steps. ADJOURNMENT The joint work session was adjourned by unanimous consent at 7:07 p.m. Special Joint Work Session Minutes -2- June 19, 2017 Date Approved: July 11, 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 27, 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; Michael Howard; Maria Regan Gonzalez; Present: and Simon Trautmann Staff Present: Steven L. Devich, City Manager; Kristin Asher, Public Works Director; Jeff Pearson, City Engineer; Russ Lupkes, Utilities Superintendent; and, Jared Voto, Executive Aide/Analyst. Item #1 77TH STREET UNDERPASS City Engineer Pearson provided background on the 77th Street Underpass project, including historical layouts, and displayed the current MnDOT staff-approved layout along Washington Park/Richfield Parkway. He discussed the design now shows single span bridges that reduce the cost of the project by $2-3 million and discussed the current cost estimate and secured funding. Council Members and staff also discussed the redevelopment possibilities in this area after the project is constructed. Item #2 UTILITY RATE AND CONSERVATION STRUCTURE Rebecca Kurtz and Jessica Cook from Ehlers presented on Utility Rate Study their company conducted for the water, sewer, and stormwater utilities. Cook presented the findings of the study, recommendations for rate increases for each utility to ensure financial stability, and changes to the rate structure for the water utility. Council Members suggested another work session to go into more detail of the survey and its rate impacts. ADJOURNMENT The work session was adjourned by unanimous consent at 6:58 p.m. Special Council Work Session Minutes -2- June 27, 2017 Date Approved: July 11, 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 7:01 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; Jay Henthorne, Director of Public Safety/Police Chief; Jim Topitzhofer, Recreation Services Director; Karen Barton, Assistant Community Development Director; Neil Ruhland, Media Coordinator; and Jared Voto, Executive Aide/Analyst. OPEN FORUM None. PLEDGE OF ALLEGIANCE Mayor Elliott led the Pledge of Allegiance. Item #1 GENE & MARY JACOBSEN CITIZEN OF THE YEAR FOR 2017 AWARD Mark Westergaard of the Richfield Human Rights Commission and Kim Jacobsen, son of Gene and Mary Jacobsen, presented Diane Cross of Fraser with the Citizen of the Year award for 2017. APPROVAL OF MINUTES M/Elliott, S/Garcia to approve the minutes of the: (1) Special City Council Work Session of February 24, 2017; (2) Special City Council Work Session of June 13, 2017; (3) Special City Council Work Session of June 13, 2017; and (4) Regular City Council Meeting of June 13, 2017. Motion carried 5-0. CITY COUNCIL MEETING MINUTES Richfield, Minnesota Regular Meeting June 27, 2017 Council Meeting Minutes -2- June 27, 2017 Item #3 HUMAN RIGHTS COMMISSION 2016 YEAR IN REVIEW Sarah Gumke, Chair of Richfield Human Rights Commission, highlighted the work of the Commission over the past year. Item #2 MICAH COMMUNITY HERO AWARD Sue Watlov Phillips, Executive Director of MICAH awarded Council Member Regan Gonzalez with the Hero Award for her work on affordable housing. Item #4 COUNCIL DISCUSSION  Hats Off to Hometown Hits Council Member Trautmann discussed the Richfield Placemaking Project, with more information at their website: http://open4richfield.com/. Council Member Garcia discussed the youth summer trips available through the Recreation Services Department. Mayor Elliott discussed the upcoming events around the Richfield 4th of July celebration. Council Member Howard discussed the Heredia Park sculpture dedication on June 24 and thanked Karen Barton for her service as she takes a new position with St. Louis Park. Council Member Regan Gonzalez discussed the Washington Park pickleball courts, the opening of the Lyndale Gardens amphitheater, the VEAP block party on July 9, “Civics 101” at the Richfield Municipal Center on July 6, and her and Council Member Howard’s visit with the Dalai Lama on June 24. Item #5 APPROVAL OF THE AGENDA M/Garcia, S/Regan Gonzalez to approve the agenda. Motion carried 5-0. Item #6 CONSENT CALENDAR City Manager Devich presented the Consent Calendar. A. Consideration of the approval of the revision of a lease agreement between the City of Richfield and the United States Postal Service for the use of fourteen parking spaces in the lower parking lot of the Wood Lake Nature Center. (S.R. No. 98) Council Meeting Minutes -3- June 27, 2017 B. Consideration of the approval of a 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, 2018-2020. (S.R. No. 99) RESOLUTION NO. 11372 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 This resolution appears as Resolution No. 11372. C. Consideration of the approval of an amendment to the 2016-2017 agreement between the City of Richfield and the City of Bloomington for Public Health Emergency Preparedness Services. (S.R No. 100) M/Elliott, S/Howard to approve the consent calendar. Motion carried 5-0. Item #7 CONSIDERATION OF ITEMS, IF ANY, REMOVED FROM THE CONSENT CALENDAR None. Item #8 PUBLIC HEARING AND CONSIDERATION OF THE SECOND READING OF A TRANSITORY ORDINANCE VACATING 17TH AVENUE STREET RIGHT-OF- WAY ADJACENT TO THE PROPOSED PLAZA 66 COMMERCIAL DEVELOPMENT. THIS HEARING WAS CONTINUED FROM JUNE 13, 2017. (S.R. NO. 101) Council Member Regan Gonzalez presented Staff Report No. 101. Rosalie Hinrichs, 6638 16th Ave S, asked about the street vacation and requested a dead-end at 16th Avenue. Michelle Cunningham, 6626 16th Ave S, spoke regarding the separation of residential and commercial and asked for a dead-end at 16th Avenue. M/Regan Gonzalez, S/Howard to close the public hearing and to approve a second reading of a transitory ordinance vacating 17th Avenue street right-of-way adjacent to the proposed Plaza 66 commercial development (approx. 66th Street and 17th Avenue). Motion carried 5-0. Council Meeting Minutes -4- June 27, 2017 Item #9 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. (S.R. NO. 102) Council Member Regan Gonzalez presented Staff Report No. 102. M/Elliott, S/Garcia to close the public hearing. Motion carried 5-0. M/Regan Gonzalez, S/Elliott to approve a resolution approving the preliminary and final plat of the "Plaza 66 in Richfield" Addition. RESOLUTION NO. 11373 RESOLUTION GRANTING APPROVAL OF PRELMINARY AND FINAL PLATS FOR THE PLAZA 66 IN RICHFIELD ADDITION Motion carried 5-0. The resolutions appear as Resolution No. 11373. Item #10 CONSIDERATION OF THE APPROVAL OF THE SECOND 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; ADOPTING A NEW SUBSECTION 305.05 TO CONTINUE THE FIRE CIVIL SERVICE COMMISSION; AND RESCINDING THE RESOLUTION DATED OCTOBER 29, 1945 CREATING A POLICE CIVIL SERVICE COMMISSION IN THE VILLAGE OF RICHFIELD. (S.R. NO. 103) Council Member Howard presented Staff Report No. 103. M/Howard, S/Garcia to approve the second 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; adopting a new Subsection 305.05 to continue the Fire Civil Service Commission; and rescinding the Resolution dated October 29, 1945 creating a police civil service commission. Motion carried 5-0. Item #11 CITY MANAGER’S REPORT City Manager Devich discussed the City received a Wellness by Design Silver Award for 2016- 2017 from Hennepin County and discussed the Lyndale Avenue project. Council Meeting Minutes -5- June 27, 2017 Item #12 CLAIMS AND PAYROLLS M/Garcia, S/Trautmann that the following claims and payrolls be approved: U.S. Bank 06/27/17 A/P Checks: 259825 - 260175 $ 2,762,927.66 Payroll: 128271 - 128634, 42775 - 42776 684,731.37 TOTAL $ 3,447,659.03 Motion carried 5-0. OPEN FORUM None. Item #13 ADJOURNMENT The City Council Meeting was adjourned by unanimous consent at 8:16 p.m. Date Approved: July 11, 2017 Pat Elliott Mayor Jared Voto Steven L. Devich Executive Aide/Analyst City Manager AGENDA SECTION:CONSENT CALENDAR AGENDA ITEM #4.A. STAFF REPORT NO. 104 CIT Y COUNCIL ME E T ING 7/11/2017 RE P O RT P RE PA RE D B Y: Myrt L i nk, C ommunity D evelopment A ccountant D E PA RTM E NT D IRE C TOR RE V IE W: K aren B arton, A ssistant C ommunity D evelopment D irector 7/6/2017 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 7/6/2017 I T E M F O R C O UNC I L C O NS I D E RAT IO N: Consideration of r esolutions to approve special legislation for the Cedar Avenue and Lyndale Gardens Tax Increment Financing D istricts. E X E C UT IV E S UM M ARY: Legislation was passed during the 2017 Legislative session to extend the duration of the C edar Avenue Tax I nc rement Financing Distric t by ten y ears and to extend the 5-Year Rule by two years for the Ly ndale Gardens Tax I nc rement Financ ing District. I n order for the spec ial legislation to be effective, the C ity, Hennepin County, and S chool Distric t No. 280 need to approve the legislation by adopting resolutions for eac h distric t. RE C O M M E ND E D AC T IO N: By motion: 1. Approve a r esolution approving Laws of Minnesota 2017, 1st Special Session, Chapter 1, Article 6, Section 18, relating to the Cedar Avenue Tax Increment Financing D istrict; and 2. Approve a r esolution approving Laws of Minnesota 2017, 1st Special Session, Chapter 1, Article 6, Section 19, relating to the Lyndale Gardens Tax Increment Financing D istrict. B AS IS O F RE C O M M E ND AT IO N: A.H IS TOR IC AL C ON TEXT The C edar Avenue Tax I ncrement Financ ing (TI F) D istrict (District) was c reated by Special Legislation in 2005 due to the impac t on the C ity of Ric hfield from expansion of the Minneapolis- St. P aul I nternational Airport. The City established the District in 2006, it was certified by Hennepin C ounty in 2007, and decertific ation was antic ipated to oc cur in D ec ember 2033. Due to a downturn in the ec onomy after c reation of the D istrict, there was little or no interest in redevelopment in this area. The approved legislation provides the C ity the ability to extend the duration of the Distric t by ten years to December 2043. The Lyndale Gardens TI F District was established by the City in 2011, c ertified by Hennepin County in 2013,and antic ipated to be dec ertified in D ec ember 2039. The TI F Law provides that within five years after the date of certification any expenses to be reimbursed with tax increment must be expended. The deadline for inc urring expenses for the Lyndale Gardens Distric t c urrently is Marc h 29, 2018. Due to various circ umstances, redevelopment of this site has been delayed. The approved legislation provides the C ity the ability to extend the 5-Year Rule to seven y ears, which would extend it to March 29, 2020. This allows two additional y ears for the C ity and a developer to incur expenses to be reimbursed with tax increment. The legislation does not extend the length of the district. B.P OL IC IE S (resolutions, ordinances, regulations, statutes, etc): I n order to comply with Minnesota Statutes, Sec tions 469.1782, S ubdivision 2 and Sections 645.021, Subdivisions 2 and 3 the City, Hennepin County, and Sc hool D istrict No. 280 must adopt resolutions approving the special legislation. C.C R IT IC AL T IMIN G ISSU E S: The resolutions need to be passed before the Legislature reconvenes in 2018. D.F IN AN C IAL IMPAC T: During the first ten y ears of the Cedar Avenue TI F D istrict, minimal inc rement was generated due to lack of redevelopment. The ten y ear extension provides the City the ability to c apture a full 26 years of increment. The extension of the 5-Year Rule for Ly ndale Gardens does not change the length of the District so there is no additional impact from the Spec ial Legislation. E.L E GAL C ON S ID E R AT ION : I n order to comply with Minnesota Statutes, Sec tions 469.1782, S ubdivision 2 and Sections 645.021, Subdivisions 2 and 3 the City, Hennepin County, and Sc hool D istrict No. 280 must adopt resolutions approving the special legislation. The attac hed resolutions were drafted by Legal Counsel. ALT E R N AT IV E R E C O MME N D AT IO N(S): None P R IN C IPAL PAR TIE S EXP E C T E D AT ME E T IN G: None AT TAC H ME N TS : D escripti on Type Resolution - C edar Avenue Resolution L etter Resolution - Lyndale Gardens Resolution L etter 501118v1 JAE RC125-341 CITY OF RICHFIELD, MINNESOTA RESOLUTION NO. ________ APPROVING LAWS OF MINNESOTA 2017, 1ST SPECIAL SESSION, CHAPTER 1, ARTICLE 6, SECTION 18, RELATING TO THE CEDAR AVENUE TAX INCREMENT FINANCING DISTRICT WHEREAS, the City of Richfield, Minnesota (the “City”) has duly established the Cedar Avenue Tax Increment Financing District (the “TIF District”), a redevelopment tax increment financing district, pursuant to Laws of Minnesota 2005, Chapter 152, Article 2, Section 25, and the Housing and Redevelopment Authority in and for the City of Richfield, Minnesota administers such TIF District; and WHEREAS, the Legislature of the State of Minnesota passed a special law extending the duration limit of the TIF District, all as provided in Laws of Minnesota 2017, 1st Special Session, Chapter 1, Article 6, Section 18 (the “Special Law”); and WHEREAS, pursuant to the Special Law and Minnesota Statutes, Section 469.1782, subdivision 2, the City, Hennepin County, Minnesota (the “County”), and Independent School District No. 280 (the “School District”) are required to approve the Special Law; and WHEREAS, pursuant to Minnesota Statutes, Section 645.021, subdivisions 2 and 3, the Special Law is effective upon approval by a majority vote of the governing body of the City and the filing of a certificate, including a copy of this resolution, in the form prescribed by the Minnesota Attorney General with the Minnesota Secretary of State; and WHEREAS, the City Council of the City has determined that it is in the best interest of the City and its residents to approve the Special Law. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield, Minnesota, as follows: 1. The Special Law is approved contingent upon the approval of the Special Law by the governing bodies of the County and the School District. 2. The City Clerk, as the chief clerical officer of the City, is hereby authorized and directed to file the certificate and a copy of this resolution, as approved, with the Minnesota Secretary of State as required by Minnesota Statutes, Section 645.021, subdivision 3. 3. City staff are authorized and directed to take any additional action necessary to implement the Special Law. 2 501118v1 JAE RC125-341 Adopted by the City Council of the City of Richfield, Minnesota this _____ day of __________, 2017. Mayor ATTEST: City Clerk 501118v1 JAE RC125-341 CERTIFICATE OF APPROVAL OF SPECIAL LAW BY GOVERNING BODY (Pursuant to Minnesota Statutes, 645.02 and 645.021) STATE OF MINNESOTA County of Hennepin TO THE SECRETARY OF STATE OF MINNESOTA: PLEASE TAKE NOTICE, That the undersigned chief clerical officer of the City of Richfield, Minnesota (the “City”) DOES HEREBY CERTIFY, that in compliance with the provisions of Laws, 2017, 1st Special Session, Chapter 1, Article 6, Section 18 requiring approval by a majority of the governing body of said local governmental unit before it becomes effective, the City Council of the City at a meeting duly held on the ____ day of _____________, 2017, by resolution did approve said Laws, 2017, 1st Special Session, Chapter 1, Article 6, Section 18 by a majority vote of all of the members thereof (Ayes_______; Noes ________; Absent or not voting __________); the Board of Commissioners of Hennepin County, Minnesota at a meeting duly held on the _____ day of ____________, 2017, by resolution did approve said Laws, 2017, 1st Special Session, Chapter 1, Article 6, Section 18 by a majority vote of all of the members thereof (Ayes ____; Noes _____; Absent or not voting _________); the Board of Education of Independent School District No. 280 at a meeting duly held on the _______ day of __________, 2017 by resolution did approve said Laws, 2017, 1st Special Session, Chapter 1, Article 6, Section 18 by a majority vote of all of the members thereof (Ayes ____; Noes _____; Absent or not voting _________); and the following additional steps, if any required by statute or charter were taken: N.A. Copies of the resolutions are hereto annexed and made a part of this certificate by reference. Signed: City Clerk (This form prescribed by the Attorney General and furnished by the Secretary of State as required in Minnesota Statutes 645.021.) Please see reverse side for instructions for completing this form. S:\ELECT\ELECT\OPENAPPT\CERTIFICATE OF APPROVAL OF SPECIAL LAW.doc 501118v1 JAE RC125-341 INSTRUCTIONS • Include the chapter number in the Laws of Minnesota that is to be approved on the Certificate of Approval form and in the resolution that approves the special law. • Return the completed originally signed Certificate of Approval form with a photo copy of the resolution that approved the special law to: Election Division Secretary of State 180 State Office Building 100 Rev. Dr. Martin Luther King Jr. Blvd St. Paul, MN 55155-1299 • If you have any questions, please contact Nancy Breems at 651/215-1440. 501286v1 JAE RC125-316 CITY OF RICHFIELD, MINNESOTA RESOLUTION NO. ________ APPROVING LAWS OF MINNESOTA 2017, 1ST SPECIAL SESSION, CHAPTER 1, ARTICLE 6, SECTION 19, RELATING TO THE LYNDALE GARDENS TAX INCREMENT FINANCING DISTRICT WHEREAS, the City of Richfield, Minnesota (the “City”) has duly established the Lyndale Gardens Tax Increment Financing District (the “TIF District”), a redevelopment tax increment financing district, pursuant to Minnesota Statutes, Sections 469.174 through 469.1794, as amended (the “TIF Act”), and the Housing and Redevelopment Authority in and for the City of Richfield, Minnesota administers such TIF District; and WHEREAS, the Legislature of the State of Minnesota passed a special law providing that the conditions set forth in Section 469.1763, subdivision 3 of the TIF Act shall be considered met if the activities are undertaken within seven (7) years from the date of certification of the TIF District, all as provided in Laws of Minnesota 2017, 1st Special Session, Chapter 1, Article 6, Section 19 (the “Special Law”); and WHEREAS, pursuant to the Special Law, the City, Hennepin County, Minnesota (the “County”), and Independent School District No. 280 (the “School District”) are required to approve the Special Law; and WHEREAS, pursuant to Minnesota Statutes, Section 645.021, subdivisions 2 and 3, the Special Law is effective upon approval by a majority vote of the governing body of the City and the filing of a certificate, including a copy of this resolution, in the form prescribed by the Minnesota Attorney General with the Minnesota Secretary of State; and WHEREAS, the City Council of the City has determined that it is in the best interest of the City and its residents to approve the Special Law. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield, Minnesota, as follows: 1. The Special Law is approved contingent upon the approval of the Special Law by the governing bodies of the County and the School District. 2. The City Clerk, as the chief clerical officer of the City, is hereby authorized and directed to file the certificate and a copy of this resolution, as approved, with the Minnesota Secretary of State as required by Minnesota Statutes, Section 645.021, subdivision 3. 3. City staff are authorized and directed to take any additional action necessary to implement the Special Law. 2 501286v1 JAE RC125-316 Adopted by the City Council of the City of Richfield, Minnesota, this _____ day of __________, 2017. Mayor ATTEST: City Clerk 501286v1 JAE RC125-316 CERTIFICATE OF APPROVAL OF SPECIAL LAW BY GOVERNING BODY (Pursuant to Minnesota Statutes, 645.02 and 645.021) STATE OF MINNESOTA County of Hennepin TO THE SECRETARY OF STATE OF MINNESOTA: PLEASE TAKE NOTICE, That the undersigned chief clerical officer of the City of Richfield, Minnesota (the “City”) DOES HEREBY CERTIFY, that in compliance with the provisions of Laws, 2017, 1st Special Session, Chapter 1, Article 6, Section 19 requiring approval by a majority of the governing body of said local governmental unit before it becomes effective, the City Council of the City at a meeting duly held on the ____ day of _____________, 2017, by resolution did approve said Laws, 2017, 1st Special Session, Chapter 1, Article 6, Section 19 by a majority vote of all of the members thereof (Ayes_______; Noes ________; Absent or not voting __________); the Board of Commissioners of Hennepin County, Minnesota at a meeting duly held on the _____ day of ____________, 2017, by resolution did approve said Laws, 2017, 1st Special Session, Chapter 1, Article 6, Section 19 by a majority vote of all of the members thereof (Ayes ____; Noes _____; Absent or not voting _________); the Board of Education of Independent School District No. 280 at a meeting duly held on the _______ day of __________, 2017 by resolution did approve said Laws, 2017, 1st Special Session, Chapter 1, Article 6, Section 19 by a majority vote of all of the members thereof (Ayes ____; Noes _____; Absent or not voting _________); and the following additional steps, if any required by statute or charter were taken: N.A. Copies of the resolutions are hereto annexed and made a part of this certificate by reference. Signed: City Clerk (This form prescribed by the Attorney General and furnished by the Secretary of State as required in Minnesota Statutes 645.021.) Please see reverse side for instructions for completing this form. S:\ELECT\ELECT\OPENAPPT\CERTIFICATE OF APPROVAL OF SPECIAL LAW.doc 501286v1 JAE RC125-316 INSTRUCTIONS • Include the chapter number in the Laws of Minnesota that is to be approved on the Certificate of Approval form and in the resolution that approves the special law. • Return the completed originally signed Certificate of Approval form with a photo copy of the resolution that approved the special law to: Election Division Secretary of State 180 State Office Building 100 Rev. Dr. Martin Luther King Jr. Blvd St. Paul, MN 55155-1299 • If you have any questions, please contact Nancy Breems at 651/215-1440. AGENDA SECTION:RESOLUTIONS AGENDA ITEM #6. STAFF REPORT NO. 105 CIT Y COUNCIL ME E T ING 7/11/2017 RE P O RT P RE PA RE D B Y: Matt B ri llhart, A ssociate P lanner D E PA RTM E NT D IRE C TOR RE V IE W: K aren B arton, A ssistant C ommunity D evelopment D irector 7/5/2017 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 7/6/2017 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 gr anting a conditional use permit and variance to allow a restaurant at 6436 Penn Avenue. E X E C UT IV E S UM M ARY: Nielsen Foods is proposing to open a Subway restaurant in the building at 6436 Penn Avenue. Fast food / convenience restaurants are a c onditionally permitted use in the Mixed Use Community (MU-C) District. I n addition to the conditional use permit (C UP), the applic ant is requesting approval of a varianc e to reduce off- street parking requirements. Subway plans to oc cupy 1,500 square feet of the building, while the remaining 8,000 square feet would be oc cupied by the building’s owner, Dynamic Products Midwest (D P M). The parking requirement for fast food restaurants is 17 spac es per 1,000 square feet and the requirement for wholesale businesses is 1 per 800 square feet of gross floor area. Based strictly on the square footage of the building, the c ombined parking requirement is 33 spac es (23 for Subway and 10 for D PM.) 17 spac es are available on the property and space is not available to c reate additional parking. Several unique fac tors exist to justify reducing the parking requirement. Despite the large amount of building space they oc cupy, D PM has just 12 total employees, several of whom work off-site entirely or are dispatc hed in the field most of the day. Much of the building is used as storage for equipment and product inventory. W hile the area behind the building cannot offic ially be counted as parking spac e due to non- compliant acc ess aisle and stall dimensions, D P M allows up to 5 employees to park in this area, reducing pressure on the parking lot. Furthermore, the City ’s parking requirement for fast food restaurants are much higher than Subway’s own requirement of 12 spac es (1 space per 125 square feet). Lastly, this loc ation is in close proximity to a conc entration of apartments and businesses and it is reasonable to assume that some percentage of c ustomers and employees will c hoose to walk rather than drive. Given the existing usage of the building, staff does not anticipate that shortages will occ ur. Finding that the proposal meets requirements, staff rec ommends approval of the conditional use permit and variance. RE C O M M E ND E D AC T IO N: By motion: Approve a resolution granting a conditional use permit and variance to allow a restaurant at 6436 Penn 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 See Exec utive Summary B.P OL IC IE S (resolutions, ordinances, regulations, statutes, etc): Fast food / convenience (Type I I I ) restaurants are a c onditionally permitted use in the Mixed Use Community (MU-C) Distric t. The applicant is requesting a varianc e from Zoning C ode Subsec tion 544.13, as desc ribed above in the Executive Summary. A full disc ussion of general C UP requirements and additional information related to the requested varianc e and required findings can be found as an attachment to this report. C.C R IT IC AL T IMIN G ISSU E S: 60-D AY RUL E: The 60-day clock 'started' when a c omplete application was rec eived on J une 12, 2017. A dec ision is required by August 11, 2017 or the Council must notify the applic ant that it is extending the deadline (up to a maximum of 60 additional days or 120 day s total) for issuing a decision. D.F IN AN C IAL IMPAC T: None E.L E GAL C ON S ID E R AT ION : A public hearing was held before the P lanning C ommission on J une 26, 2017. Notic e of the public hearing was published in the Sun Current newspaper and mailed to properties within 350 feet of the site on J une 13. No members of the public spoke at the public hearing. The Planning Commission recommended approval of the c onditional use permit and variance (6-0). ALT E R N AT IV E R E C O MME N D AT IO N(S): Approve the resolution with modifications and/or additional stipulations. Deny the conditional use permit and/or varianc e with a finding that requirements are not met. P R IN C IPAL PAR TIE S EXP E C T E D AT ME E T IN G: Steve Nielsen, applicant AT TAC H ME N TS : D escripti on Type Resolution Resolution L etter Requirements attachment B ackup Materi al S ite plans, zoni ng maps B ackup Materi al P hoto of 6436 P enn Avenue storefront B ackup Materi al RESOLUTION NO. RESOLUTION APPROVING A CONDITIONAL USE PERMIT AMENDMENT AND VARIANCE FOR A RESTAURANT AT 6436 PENN AVENUE WHEREAS, an application has been filed with the City of Richfield which requests approval of a conditional use permit amendment and variance to allow a Class III (fast food / convenience) restaurant at property commonly known as 6436 Penn Avenue and legally described as follows: That part of the north 115.9 feet of the south 270.9 feet of the east 167 feet of Lot 1, RICHFIELD GARDENS which lies south of the north 354.5 feet of said Lot 1, Hennepin County, Minnesota WHEREAS, the Planning Commission of the City of Richfield held a public hearing and recommended approval of the requested conditional use permit and variance at its June 26, 2017 meeting; and WHEREAS, notice of the public hearing was published in the Sun Current on June 15, 2017 and mailed to properties within 350 feet of the subject property on June 13, 2017; and WHEREAS, the requested conditional use permit meets the requirements necessary for issuing a conditional use permit as specified in Richfield’s Zoning Code, Subsection 547.09 and as detailed in City Council Staff Report No.____; and WHEREAS, the Zoning Code states that off-street parking for Class III (fast food / convenience) restaurants shall be provided at a ratio of 17 spaces per 1,000 square feet of gross floor area and for wholesale businesses at a ratio of 1 space per 800 square feet of gross floor area, Subsection 544.13, Subd. 6; and WHEREAS, Minnesota Statutes Section 462.357, Subdivision 6, provides for the granting of variances to the literal provisions of the zoning regulations in instances where their enforcement would cause “practical difficulty” to the owners of the property under consideration; and WHEREAS, the City has fully considered the request for approval of the conditional use permit; NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Richfield, Minnesota, as follows: 1. The City Council makes the following general findings: a. The Property is zoned Mixed Use Community (MU-C). b. The Zoning Code states that off-street parking for Class III (fast food / convenience) restaurants shall be provided at a ratio of 17 spaces per 1,000 square feet of gross floor area and for wholesale businesses at a ratio of 1 space per 800 square feet of gross floor area. 17 spaces are available on site. A variance from Subsection 544.13, Subd. 6 is necessary. 2. With respect to the application for a variance from the above-listed requirements, the City Council makes the following findings: a. Parking requirements are based on square footage. Subway plans to occupy 1,500 square feet of the building, while the remaining 8,000 square feet would be occupied by the building’s owner, Dynamic Products Midwest (DPM). The parking requirement for Class III (fast food / convenience) restaurants is 17 spaces per 1,000 square feet of gross floor area and the requirement for wholesale businesses is 1 space per 800 square feet of gross floor area. After factoring in a 10 percent reduction for proximity to public transit service, the total parking requirement is 33 spaces (23 for Subway and 10 for DPM.) 17 spaces are available on the property and no space exists to create additional parking. b. Unique circumstances apply in that DPM has only 12 total employees, several of whom work off site entirely or are dispatched in the field most of the day. Much of the building is used as storage for their equipment and products. While the area behind the building cannot officially be counted as parking spaces due to non- compliant access aisle and stall dimensions, DPM allows up to 5 employees to park in that area, reducing pressure on the available spaces in the parking lot. Furthermore, the City’s parking requirements for fast food restaurants are much higher than Subway’s own requirement of 12 spaces for a 1,500 square foot restaurant (1 space per 125 square feet.) c. Granting the requested variance will not alter the character of the neighborhood or locality. Given the existing usage of the building, staff does not anticipate that shortages will occur. This location is in close proximity to a concentration of apartments and businesses. It is reasonable to assume that some percentage of customers and employees will choose to walk rather than drive. d. The variance requested is the minimum necessary to alleviate the practical difficulty. Space is not available to create additional parking. e. The proposed variance does not conflict with the purpose or intent of the Ordinance or Comprehensive Plan. 3. Based on the above findings, a variance is hereby approved to reduce the off-street parking requirement for the Subject Property to 17 spaces. 4. A conditional use permit is issued to allow a Class III (fast food/convenience) restaurant, as described in City Council Letter No. _____, on the Subject Property legally described above. 5. This conditional use permit is subject to the following conditions in addition to those specified in Section 547.09 of the City’s Zoning Ordinance: • That the recipient of this conditional use permit record this Resolution with the County, pursuant to Minnesota Statutes Section 462.36, Subd. 1 and the City’s Zoning Ordinance Section 547.09, Subd. 8. A recorded copy of the approved resolution must be submitted to the City prior to the issuance of an occupancy permit. • The proposed interior trash room must meet all Building/Health Codes. • The parking lot must be patched/resurfaced and restriped, including a striped connection from the sidewalk to the accessible loading/aisle space prior to the issuance of an occupancy permit. • Awning(s) shall be installed across the entire building façade. Sign permits are required for any signs greater than 6 square feet in area, including awning signage. • Bicycle parking must be provided, in accordance with Zoning Code Section 544.17. • The remaining space in the building may not be used by another restaurant. • All rooftop or ground mechanical equipment must be screened, per Zoning Code Section 544.05. • The applicant is responsible for obtaining all required permits, compliance with all requirements detailed in the City’s Administrative Review Committee Report dated June 5, 2017, and compliance with all other City and State regulations. • Prior to the issuance of an occupancy permit, the applicant must submit a surety equal to 125% of the value of any improvements and/or requirements not yet complete. This surety shall be provided in the manner specified by the Zoning Code. 6. The conditional use permit and variance shall expire one year after issuance unless 1) the use for which the permit was granted has commenced; or 2) Building permits have been issued and substantial work performed; or 3) Upon written request of the applicant, the Council extends the expiration date for an additional period not to exceed one year. Expiration is governed by the City Zoning Ordinance, Section 547.09, Subdivision 9. 7. This conditional use permit shall remain in effect for so long as conditions regulating it are observed, and the conditional use permit shall expire if normal operation of the use has been discontinued for 12 or more months, as required by the City’s Zoning Ordinance, Section 547.09, Subd. 10. Adopted by the City Council of the City of Richfield, Minnesota this 11th day of July 2017. _______________________ Pat Elliott, Mayor ATTEST: ___________________________ Elizabeth VanHoose, City Clerk Code Requirements / Required Findings Part 1 – Conditional Use Permit: The findings necessary to issue a Conditional Use Permit (CUP) are as follows (547.09, Subd. 6): 1. The proposed use is consistent with the goals, policies, and objectives of the City’s Comprehensive Plan. The proposed use of the property is consistent with the guiding “Mixed Use” designation. The Comprehensive Plan identifies a number of goals and policies related to economic development and support for business and employment growth. The proposal is consistent with these goals and policies. 2. The proposed use is consistent with the purposes of the Zoning Code and the purposes of the zoning district in which the applicant intends to locate the proposed use. The purpose of the Zoning Code is to protect and promote the public health, safety, comfort, aesthetics, economic viability, and general welfare of the City. In the Penn Avenue Corridor, the Mixed Use District is intended to be a vibrant, pedestrian- oriented neighborhood center. The proposal is consistent with these purposes. 3. The proposed use is consistent with any officially adopted redevelopment plans or urban design guidelines. There are limited opportunities to bring the property into compliance with the Penn Avenue Design Guidelines, such as adding awnings to the building. 4. The proposed use is or will be in compliance with the performance standards specified in Section 544 of this code. The proposed use will maintain the status quo compliance with performance standards requirements. The site is 100% impervious surface and limited opportunities exist to add landscaping or screening. The applicant is requesting a variance to reduce the off-street parking requirement, described in Part 2. 5. The proposed use will not have undue adverse impacts on governmental facilities, utilities, services, or existing or proposed improvements. The City’s Public Works and Engineering Departments have reviewed the proposal and do not anticipate any issues. 6. The use will not have undue adverse impacts on the public health, safety, or welfare. Adequate provisions have been made to protect the public health, safety and welfare. 7. There is a public need for such use at the proposed location. Investment and improvement in vacant sites is necessary to maintain a thriving community. 8. The proposed use meets or will meet all the specific conditions set by this code for the granting of such conditional use permit. This requirement is met. Part 2 - Variance: The findings necessary to approve a variance are as follows (Subd. 547.11): 1. There are “practical difficulties” that prevent the property owner from using the property in a reasonable manner. 2. There are unusual or unique circumstances that apply to the property which were not created by the applicant and do not apply generally to other properties in the same zone or vicinity. 3. The variance would not alter the character of the neighborhood or the locality. 4. The variance is the minimum necessary to alleviate the practical difficulty. 5. The variance is in harmony with the general purpose and intent of the ordinance and consistent with the Comprehensive Plan. Reduced Parking Requirement (Subsection 544.13, Subd. 6) The applicant is requesting a variance to reduce the off-street parking requirement from 33 stalls to 17 stalls. Criteria 1: Strict enforcement of this requirement would cause a practical difficulty. Parking requirements are based on square footage. Subway plans to occupy 1,500 square feet of the building, while the remaining 8,000 square feet would be occupied by the building’s owner, Dynamic Products Midwest (DPM). The parking requirement for Class III (fast food / convenience) restaurants is 17 spaces per 1,000 square feet of gross floor area and the requirement for wholesale businesses is 1 per 800 square feet of gross floor area. After factoring in a 10 percent reduction for proximity to public transit service, the total parking requirement is 33 spaces (23 for Subway and 10 for DPM.) 17 spaces are available on the property and no space exists to create additional parking. Criteria 2: Unique circumstances apply in that DPM has only 12 total employees, several of whom work off-site entirely or are dispatched in the field most of the day. Much of the building is used as storage for their equipment and products. While the area behind the building cannot officially be counted as parking spaces due to non- compliant access aisle and stall dimensions, DPM allows up to 5 employees to park in that area, reducing pressure on the available spaces in the parking lot. Furthermore, the City’s parking requirements for fast food restaurants are much higher than Subway’s own requirement of 12 spaces for a 1,500 square foot restaurant (1 space per 125 square feet.) Criteria 3: Granting the requested variance will not alter the character of the neighborhood or locality. Given the existing usage of the building, staff does not anticipate that shortages will occur. This location is in close proximity to a concentration of apartments and businesses. It is reasonable to assume that some percentage of customers and employees will choose to walk rather than drive. Criteria 4: The variance requested is the minimum necessary to alleviate the practical difficulty. Space is not available to create additional parking. Criteria 5: The proposed variance does not conflict with the purpose or intent of the Ordinance or Comprehensive Plan. He nn e pin Cou n ty P ro perty Ma p Da te : 5/2 5/20 17 Comm en ts: 1 inc h = 5 0 fe et PAR CEL ID: 29 028 24 140 02 2 OWN ER N AME: C ha ris Pr op erties Llc PAR CEL AD DRESS: 6 436 Pe nn Av e S, R ich fie ld MN 5 542 3 PAR CEL AR EA: 0.4 4 ac re s, 19,2 25 sq ft A-T-B: Ab stra ct SAL E PR ICE: $75 0,00 0 SAL E D ATA: 0 3/20 07 SAL E C OD E: Wa rr anty D e ed ASSESSED 20 16 , PAYABLE 201 7 PROPERT Y TYPE: C omme rcial-Pr efer re d H OM ESTEAD : N on -H ome stea d M AR KET VAL UE: $79 1,00 0 TAX TO TAL: $2 9,411 .74 ASSESSED 20 17 , PAYABLE 201 8 PRO PER TY TYPE: C omm erc ial-pr efer red HO MESTEAD: No n-h ome ste ad MARKET VALU E: $8 12 ,0 00 This data (i) is fur nish ed 'A S IS' wit h no represent at ion as t o com ple ten ess or acc urac y ; (ii) is furnis hed w it h n o war rant y of an y k ind; an d (ii i) is not sui tab le for lega l, engi neering or surv ey ing purposes . Hen nepin County s hall not be l iable fo r a ny damage, in jury or los s re sul ting f rom this dat a. COP YRIG HT © H EN N EPIN COU N TY 20 1 7 SUBWAY Employee parking area.Does not count toward parking totalsdue to access& dimensions. - 120V DUPLEX OUTLET- 220V SINGLE OUTLET- ELECTRIC PANEL- CEILING MOUNTED- FLOOR MOUNTEDF.M.C.M.- JUNCTION BOXJT- THERMOSTAT- PHONE JACKSYMBOL LEGEND- DATA JACK3119D28C19B19A19B3235232420C3319C20B6A6A5F6A6A5E6A6A6A816484739A41362649A49A49A49A49A5045524640B40B40A40A3851436A5A6A4A6A6A6A6A6A5A6A6A5A6A6A5A6A28A273420A3A4437JJJJJJTICE ON TOP17910B1013LH8' - 0"15A2930B30A22OVEN EXHAUST2124AC1D7QTY. 2OVENS4 DIGITAL MENU PANELS@ 7'-7" A.F.F. WITHREQUIURED MEDIAPLAYERS INSTALLEDBEHIND HEADER WALLHEADER WALL @ 8'-0"A.F.F.HEADER WALL @ 8'-0"A.F.F.HEADER WALL @ 8'-0"A.F.F.DIRECT WIREDRHRHLHRHLHRHDIRECT WIREDDIRECT WIRED32HIGH SPEED DATA &MODEM LINE REQUIRED13' - 9"21' - 2"26' - 6"70' - 8"9' - 0"3' - 0"11' - 6"15' - 0"OP12AOP15D3B4C515151TO PUBLIC RESTROOM6A5A6A6A5A6A30" x 48" CLEAR SPACEREQUIRED30" x 48" CLEAR SPACEREQUIREDLIGHTING CANOPY @ 9'-6"A.F.F.24B6B6B24B6B6B24B6B6B13CEILING HEIGHT12' - 0"2' - 10"WALL BASE (TYP.)BASE OF HEADERWALL8' - 0"CEILING HEIGHT12' - 0"BLACK FRAMING (TYP.)WALL BASE (TYP.)EQUIPMENT SHROUD6' - 0"DECORATIVE SHROUD7' - 1"BASE OF MENUS7' - 7"BASE OF HEADERWALL8' - 0"CHANNEL LIGHT9' - 0"CEILING HEIGHT12' - 0"BLACK FRAMING (TYP.)STORE #:ADDRESS:DESIGNED BY:SCALE:REVISION #:FRANCHISEE:DEVELOPMENT AGENT-ELECTRICAL OUTLET HEIGHTS MEASURED TO BOTTOM OF BOX.-ONE ELECTRICAL JUNCTION BOX TO BE LOCATED IN CEILING ABOVE EACH WINDOW.-CUNO MODEL SW260-PLUS WATER FILTRATION SYSTEM IS REQUIRED IN ALL NEW STORES THAT DISPENSE BEVERAGES. THE RECOMMENDED PLACEMENT FOR INSTALLATION IS MOUNTED TO SODA SYRUP RACK BY COCA-COLA. SECONDARY PLACEMENT OPTION IS MOUNTED ON THE BACKROOM WALL. THIRD INSTALLATION OPTION IS MOUNTING INSIDE THE FRONT BEVERAGE COUNTER WHEN SPACE LIMITATIONS OCCUR. REQUIRED: 1/2" INCOMING WATER LINE FEED WITH 1/2" BALL VALVE SHUTOFF AND 1/2" FPT CONNECTION. MINIMUM 110 VOLT, 20 AMP ELECTRICAL SERVICE TO SUPPORT THE CARBONATOR AND WATER BOOSTER (MUST BE DEDICATED CIRCUIT).-SECONDARY CHIP RACK IS REQUIRED IN THE CUSTOMER AREA. THE TWO AVAILABLE OPTIONS ARE: BASKET STYLE CHIP RACK AT THE POINT OF ORDER (PREFERRED PLACEMENT) OR PURSE RAIL MOUNTED CHIP RACK. (MOUNTED ON TOP OF THE PURSE RAIL.)-EXIT LIGHTS INSTALLED BY G.C. PER LOCAL CODE.-EMERGENCY LIGHTS INSTALLED BY G.C. PER LOCAL CODE.-EXTINGUISHERS, SMOKE AND FIRE DETECTION SYSTEMS INSTALLED BY G.C. PER LOCAL CODE.-LABOR & MATERIAL SUPPLIED BY G.C. UNLESS OTHERWISE NOTED.-ALL DIMENSIONS TO BE VERIFIED BY G.C. ON SITE.-REFRIGERATOR AND FREEZER MUST BE ADEQUATELY VENTILATED. REFER TO MANUFACTURER FOR DETAILS.DATE:As indicated4585 RELO.STEVE NIELSENOLSEN/CLARK/ANDERSON6442 PENN AVE. S.RICHFIELD,MN.55423 USADAVID SURAMAY 5, 2017NOTE:"THESE PLANS ARE FOR REVIEW ONLY AND ARE NOT TO BE CONSTRUCTED AS FINAL APPROVAL" 1/4" = 1'-0"1FURNITURE & EQUIPMENT PLAN1. Equipment Index# Item1 WOOD PLANK FOCAL WALL2 WALL BENCH3 WALL ARTS3A BRAND MESSAGING4A 30" X 42" X 30" TABLE4B 30" X 42" X 30" TABLE5A 24" X 20" X 30" TABLE5E 72" SIT DOWN COUNTER5F 96" SIT DOWN COUNTER6A CHAIR6B CHAIR8 TRASH/RECYCLE RECEPTACLE9 SODA FOUNTAIN10 60" BEVERAGE DESTINATION CENTER10B BEVERAGE COUNTER SHROUD13 BEVERAGE CADDY15A DISPLAY REFRIGERATOR (LH)16 60" ILLUMINATED CHOICE MARK SIGN17 TEA / COFFEE BREWER19A 18" HOT FOOD SECTION- RH19B 60" COLD PAN19C 31" SOUP SECTION- RH19D 66" CASH SECTION20A PICK-UP SHELF20B COFFEE MAKER20C FRAMED COFFEE GRAPHIC21 COOKIE DISPLAY22 OVEN CART23 SAFE24 P.O.S.24A P.O.S. SHROUD26 HAND SINK27 NU-VU BREAD OVEN (RH)28A COMBINATION BREAD CABINET(LH)28C FRONT LINE BREAD DISPLAY- RH29 DIGITAL MENUBOARD30A WOOD EQUIPMENT VALANCE30B DECORATIVE VALANCE31 24" BACK COUNTER SINK32 24" BACK COUNTER33 60" REFRIGERATED BACK COUNTER34 RAPID COOK OVEN35 FRESH DISPLAY36 3 COMP SINK37 MOP SINK38 HOT WATER TANK39A 72" X 30" WORKTABLE40A WALL SHELF40B SMART WALL SYSTEM41 VEGETABLE SINK43 CLEANING PRODUCT RACK44 DISHWASHER45 VEGETABLE SLICER46 RETARDER CABINET47 6'X6' COOLER48 6'X6' FREEZER49A STORAGE UNITS50 SODA STORAGE51 STEREO SYSTEM52 MICROWAVE2. Door Index# Door SizeC1 28" X 36"D7 36" x 80" 1/4" = 1'-0"2A 1/4" = 1'-0"3B 1/4" = 1'-0"4C 1/4" = 1'-0"5D6STORE OVERVIEW AGENDA SECTION:RESOLUTIONS AGENDA ITEM #7. STAFF REPORT NO. 106 CIT Y COUNCIL ME E T ING 7/11/2017 RE P O RT P RE PA RE D B Y: Matt B ri llhart, A ssociate P lanner D E PA RTM E NT D IRE C TOR RE V IE W: K aren B arton, A ssistant C ommunity D evelopment D irector 7/5/2017 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 7/6/2017 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 gr anting a conditional use permit and variances to allow a restaurant and cafe to operate at 817 East 66th Street. E X E C UT IV E S UM M ARY: The property at 817 E ast 66th Street was previously occ upied by Richfield Floral & Garden, whic h closed for business earlier this y ear. Local Roots Fine Foods would like to open a restaurant and cafe in the building, along with a separate retail space. Traditional or c afeteria-sty le restaurants are a c onditional use in the C-2 General Business Distric t. I n addition to the conditional use permit, the applic ant is requesting approval of two variances. The first variance is required due to the existing zoning designations on the property and is highly tec hnical in nature. The north 125 feet of the Property is zoned General Business (C-2), while the south 75 feet of the property is zoned Multi-family Residential (MR-2). Regarding parc els split between two zoning distric ts, the Code states “the provisions of this Code whic h pertain to either zoning district may be applied to the entire lot or for a distanc e of 30 feet from suc h district boundary line, whic hever is less.” The applicant is requesting a variance to extend the C -2 Zoning District over the entire lot, or 75 feet. The south 75 feet of the property was previously a separate lot. To ensure that the south lot (which c ontains half of the parking spaces for the building) could not be sold separately from the building, the applic ant was required to c ombine the two parcels. This combination, in turn, created the current ‘split zoning’ situation. Prior to the 2008 Comprehensive P lan (Plan), the south lot was also zoned C-2. The Plan recommended Medium Density Residential as a buffer between c ommercial property on 66th Street and the single-family residential properties to the south, resulting in rezoning the property to MR-2 in 2010. However, this rezoning was done without specifically reviewing the existing use of the property as a parking lot related to the c ommercial property at 817 E 66th Street. Rather than rezone the property to C-2 at this time, the Comprehensive Plan and Zoning Distric t designations of the property should be reevaluated as part of the C omprehensive Plan update, which is currently underway. The applicant is also requesting a variance to reduc e the off-street parking requirement. Loc al Roots plans to oc cupy 3,185 square feet of the building, while the remaining 515 square feet would be sub-leased to an unidentified retail/offic e/service user. The total parking requirement is 31 spaces, while only 24 spac es are available on the property. Muc h of the restaurant area is programmed for uses other than dining area seating, inc luding spac e for an art gallery, office and storage spac e, and a large children’s play area. The restaurant is planned to ac commodate just 20 seats. Based on these fac tors, staff does not antic ipate a parking shortage. Should the parking demand increase in the future, there is space adjacent to the rear parking lot where an existing landscaping area could be converted into up to 7 spaces. Staff is not recommending that the additional parking be required to be constructed at this time. Finding that the proposal meets requirements, staff rec ommends approval of the conditional use permit and variances. RE C O M M E ND E D AC T IO N: By motion: Approve a resolution granting a conditional use permit and variances to allow a restaurant and cafe at 817 E ast 66th Street. B AS IS O F RE C O M M E ND AT IO N: A.H IS TOR IC AL C ON TEXT See Exec utive Summary B.P OL IC IE S (resolutions, ordinances, regulations, statutes, etc): Traditional or cafeteria-style restaurants are a conditional use in the C-2 General Business Distric t. The applic ant is requesting variances from Zoning Code S ubsec tions 512.01 and 544.13, as described above in the Executive S ummary. A full disc ussion of general C UP requirements and additional information related to the requested varianc es and required findings c an be found as an attac hment to this report. C.C R IT IC AL T IMIN G ISSU E S: 60-D AY RUL E: The 60-day clock 'started' when a c omplete application was rec eived on J une 12, 2017. A dec ision is required by August 11, 2017 or the Council must notify the applic ant that it is extending the deadline (up to a maximum of 60 additional days or 120 day s total) for issuing a decision. D.F IN AN C IAL IMPAC T: None E.L E GAL C ON S ID E R AT ION : A public hearing was held before the P lanning C ommission on J une 26, 2017. Notic e of the public hearing was published in the Sun Current newspaper and mailed to properties within 350 feet of the site on J une 13. No members of the public spoke at the public hearing. The Planning Commission recommended approval of the c onditional use permit and variances (6-0). ALT E R N AT IV E R E C O MME N D AT IO N(S): Approve the resolution with modifications and/or additional stipulations. Deny the conditional use permit and/or varianc es with a finding that requirements are not met. P R IN C IPAL PAR TIE S EXP E C T E D AT ME E T IN G: Courtney Norgaard, applicant AT TAC H ME N TS : D escripti on Type Resolution Resolution L etter Requirements attachment B ackup Materi al S ite plans B ackup Materi al Zoning maps B ackup Materi al RESOLUTION NO. RESOLUTION APPROVING A CONDITIONAL USE PERMIT AMENDMENT AND VARIANCES FOR A RESTAURANT AT 817 66TH STREET E WHEREAS, an application has been filed with the City of Richfield which requests approval of a conditional use permit amendment and variances to allow a Class II (traditional / cafeteria) restaurant at property commonly known as 817 66th Street E and legally described as follows: Lots 3, 4, and the East 1/2 of Lot 2 and the East 10 feet of the North 10 feet of the West 1/2 of Lot 2, Block 3, Terrace Gardens, Hennepin County, Minnesota WHEREAS, the Planning Commission of the City of Richfield held a public hearing and recommended approval of the requested conditional use permit and variances at its June 26, 2017 meeting; and WHEREAS, notice of the public hearing was published in the Sun Current on June 15, 2017 and mailed to properties within 350 feet of the subject property on June 13, 2017; and WHEREAS, the requested conditional use permit meets the requirements necessary for issuing a conditional use permit as specified in Richfield’s Zoning Code, Subsection 547.09 and as detailed in City Council Staff Report No.____; and WHEREAS, the Zoning Code states that “where a district boundary line divides a lot of record placing it into two (2) separate zoning districts, the provisions of this Code which pertain to either zoning district may be applied to the entire lot or for a distance of 30 feet from such district boundary line, whichever is less”, Subsection 512.01, Subd. 3 WHEREAS, the Zoning Code states that off-street parking for Class II (traditional / cafeteria) restaurants shall be provided at a ratio of 10 spaces per 1,000 square feet of gross floor area and for retail at a ratio of 5 spaces per 1,000 square feet of gross floor area, Subsection 544.13, Subd. 6; and WHEREAS, Minnesota Statutes Section 462.357, Subdivision 6, provides for the granting of variances to the literal provisions of the zoning regulations in instances where their enforcement would cause “practical difficulty” to the owners of the property under consideration; and WHEREAS, the City has fully considered the request for approval of the conditional use permit; NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Richfield, Minnesota, as follows: 1. The City Council makes the following general findings: a. The north 125 feet of the Property is zoned General Business (C-2); the south 75 feet of the property is zoned Multi-family Residential (MR-2). The Zoning Code states that “where a district boundary line divides a lot of record placing it into two separate zoning districts, the provisions of this Code which pertain to either zoning district may be applied to the entire lot or for a distance of 30 feet from such district boundary line, whichever is less. A variance from Subsection 512.01, Subd. 3 is required to extend the C-2 Zoning District over the entire lot, or 75 feet. b. The Zoning Code states that off-street parking for Class II (traditional / cafeteria) restaurants shall be provided at a ratio of 10 spaces per 1,000 square feet of gross floor area and for retail at a ratio of 5 spaces per 1,000 square feet. A variance from Subsection 544.13, Subd. 6 is necessary to reduce this requirement. 2. With respect to the application for a variance from Subsection 512.01, Subd. 3, the City Council makes the following findings: a. Strict enforcement of this requirement would cause a practical difficulty. The south 75 feet of the property was previously a separate lot, zoned MR-2. To ensure that the south lot (containing half of the parking spaces for the building) could not be sold separately from the building, the applicant was required to combine the two parcels. This combination, in turn, created the current ‘split zoning’ situation. b. Unique circumstances apply in that prior to the 2008 Comprehensive Plan, the south 75 feet of the property was also zoned C-2. The Plan recommended Medium Density Residential as a buffer between commercial property and the single-family residential properties to the south, resulting in rezoning the property to MR-2. However, this rezoning was done without specifically reviewing the existing use of the property as a parking lot related to the commercial property at 817 E 66th Street. c. Granting the requested variance will not alter the character of the neighborhood or locality. No changes are proposed to this portion of the property. d. The variance requested is the minimum necessary to alleviate the practical difficulty. e. The proposed variance does not conflict with the purpose or intent of the Ordinance or Comprehensive Plan. The south 75 feet of the property is designated as “Medium Density Residential.” This designation will be reevaluated as part of the next Comprehensive Plan update, which is currently underway. 3. With respect to the application for a variance from Subsection 544.13, Subd. 6, the City Council makes the following findings: a. Parking requirements are based on square footage. Local Roots plans to occupy 3,185 square feet of the building, while the remaining 515 square feet would be sub- leased to an unidentified retail/office/service user. The parking requirement for Class II (traditional / cafeteria) restaurants is 10 spaces per 1,000 square feet of gross floor area and the requirement for retail is 5 spaces per 1,000 square feet. After factoring in a 10 percent reduction for proximity to public transit service, the total parking requirement is 31 spaces. 24 spaces are available on the property. b. Unique circumstances apply in that much of the restaurant area is programmed for uses other than dining area seating, including space for an art gallery, office and storage space, and a large children’s play area. The restaurant is planned to accommodate just 20 seats. Based on these factors, a shortage is not anticipated. Should the parking demand increase in the future, there is space in the rear parking lot where an existing landscaping area could be converted into up to 7 additional spaces. c. Granting the requested variance will not alter the character of the neighborhood or locality. Given the proposed usage of the building and quantity of seating provided, a shortage is not anticipated. d. The variance requested is the minimum necessary to alleviate the practical difficulty. e. The proposed variance does not conflict with the purpose or intent of the Ordinance or Comprehensive Plan. 4. Based on the above findings, a variance is hereby approved to extend the C-2 Zoning District over the entire lot. 5. Based on the above findings, a variance is hereby approved to reduce the off-street parking requirement for the Subject Property to 24 stalls. 6. A conditional use permit is issued to allow a Class II Restaurant, as described in City Council Letter No. _____, on the Subject Property legally described above. 7. This conditional use permit is subject to the following conditions in addition to those specified in Section 547.09 of the City’s Zoning Ordinance: • That the recipient of this conditional use permit record this Resolution with the County, pursuant to Minnesota Statutes Section 462.36, Subd. 1 and the City’s Zoning Ordinance Section 547.09, Subd. 8. A recorded copy of the approved resolution must be submitted to the City prior to the issuance of an occupancy permit. • A cross access agreement with the property located at 811 E 66th Street is required and must be recorded prior to occupancy. Proof of recording must be provided to the City. Agreement must note the shared vehicular access and dumpster enclosure. • All trash must be stored indoors or in the dumpster enclosure on the property at 811 E 66th Street. Should the subject property come under separate ownership from the property at 811 E 66th Street, a dedicated dumpster enclosure or interior trash room shall be constructed in compliance with Zoning Code Section 544.05. • All rooftop or ground mechanical equipment must be screened, per Zoning Code Section 544.05. • All areas currently covered with landscaping fabric must be landscaped with trees, shrubs, and groundcover. Landscape rock by itself does not constitute groundcover. • The applicant is responsible for obtaining all required permits, compliance with all requirements detailed in the City’s Administrative Review Committee Report dated June 5, 2017, and compliance with all other City and State regulations. • Prior to the issuance of an occupancy permit the applicant must submit a surety equal to 125% of the value of any improvements and/or requirements not yet complete. This surety shall be provided in the manner specified by the Zoning Code. 8. The conditional use permit and variances shall expire one year after issuance unless 1) the use for which the permit was granted has commenced; or 2) Building permits have been issued and substantial work performed; or 3) Upon written request of the applicant, the Council extends the expiration date for an additional period not to exceed one year. Expiration is governed by the City Zoning Ordinance, Section 547.09, Subdivision 9. 9. This conditional use permit shall remain in effect for so long as conditions regulating it are observed, and the conditional use permit shall expire if normal operation of the use has been discontinued for 12 or more months, as required by the City’s Zoning Ordinance, Section 547.09, Subd. 10. Adopted by the City Council of the City of Richfield, Minnesota this 11th day of July 2017. _______________________ Pat Elliott, Mayor ATTEST: ___________________________ Elizabeth VanHoose, City Clerk Code Requirements / Required Findings Part 1 – Conditional Use Permit: The findings necessary to issue a Conditional Use Permit (CUP) are as follows (547.09, Subd. 6): 1. The proposed use is consistent with the goals, policies, and objectives of the City’s Comprehensive Plan. The proposed use of the property is consistent with the guiding “Neighborhood Commercial” designation. The Comprehensive Plan identifies a number of goals and policies related to economic development and support for business and employment growth. The proposal is consistent with these goals and policies. Note: the south 75 feet of the property is designated as “Medium Density Residential.” This designation will be reevaluated as part of the next Comprehensive Plan update, which is currently underway. 2. The proposed use is consistent with the purposes of the Zoning Code and the purposes of the zoning district in which the applicant intends to locate the proposed use. The purpose of the Zoning Code is to protect and promote the public health, safety, aesthetics, economic viability, and general welfare of the City. The purpose of the General Business (C-2) District is to allow a wide variety of commercial businesses that are attractive and compatible with nearby residential properties. The proposal is consistent with these purposes. Note: the south 75 feet of the property is designated as Multi-family Residential (MR-2.) Regarding parcels like this with split zoning, the Code states “the provisions of this Code which pertain to either zoning district may be applied to the entire lot or for a distance of 30 feet from such district boundary line, whichever is less.” A variance is required to extend C-2 zoning over the entire lot. See variance information on next page for detailed explanation. 3. The proposed use is consistent with any officially adopted redevelopment plans or urban design guidelines. The 66th Street Corridor Plan: 5th Avenue to Cedar Avenue (2011) recommended a future land use designation for the entire property as “Medium-high Density Residential.” However, the recommendations of that Plan were not officially adopted as an amendment to the 2008 Comprehensive Plan. The Plan does not specify urban design guidelines. 4. The proposed use is or will be in compliance with the performance standards specified in Section 544 of this code. The proposed use will improve compliance with performance standards by providing additional landscaping at the rear of the site. The applicant is requesting a variance to reduce the off-street parking requirement, described on next page. 5. The proposed use will not have undue adverse impacts on governmental facilities, utilities, services, or existing or proposed improvements. The City’s Public Works and Engineering Departments have reviewed the proposal and do not anticipate any issues. 6. The use will not have undue adverse impacts on the public health, safety, or welfare. Adequate provisions have been made to protect the public health, safety and welfare. 7. There is a public need for such use at the proposed location. Investment and improvement in vacant sites is necessary to maintain a thriving community. 8. The proposed use meets or will meet all the specific conditions set by this code for the granting of such conditional use permit. This requirement is met. Part 2 - Variance: The findings necessary to approve a variance are as follows (Subd. 547.11): 1. There are “practical difficulties” that prevent the property owner from using the property in a reasonable manner. 2. There are unusual or unique circumstances that apply to the property which were not created by the applicant and do not apply generally to other properties in the same zone or vicinity. 3. The variance would not alter the character of the neighborhood or the locality. 4. The variance is the minimum necessary to alleviate the practical difficulty. 5. The variance is in harmony with the general purpose and intent of the ordinance and consistent with the Comprehensive Plan. Extension of C-2 Zoning District over entire lot (Subsection 512.01, Subd. 3) The north 125 feet of the Property is zoned General Business (C-2), while the south 75 feet of the property is zoned Multi-family Residential (MR-2). Regarding parcels split between two zoning districts, the Code states “the provisions of this Code which pertain to either zoning district may be applied to the entire lot or for a distance of 30 feet from such district boundary line, whichever is less.” The applicant is requesting a variance to extend the C-2 Zoning District over the entire lot, or 75 feet. Criteria 1: Strict enforcement of this requirement would cause a practical difficulty. The south 75 feet of the property was previously a separate lot, zoned MR-2. To ensure that the south lot (containing half of the parking spaces for the building) could not be sold separately from the building, the applicant was required to combine the two parcels. This combination, in turn, created the current ‘split zoning’ situation. Criteria 2: Prior to the 2008 Comprehensive Plan, the south 75 feet of the property was also zoned C-2. The Plan recommended Medium Density Residential as a buffer between commercial property and the single-family residential properties to the south, resulting in rezoning the property to MR-2. However, this rezoning was done without specifically reviewing the existing use of the property as a parking lot related to the commercial property at 817 E 66th Street. Criteria 3: Granting the requested variance will not alter the character of the neighborhood or locality. No changes are proposed to this portion of the property. Criteria 4: The variance requested is the minimum necessary to alleviate the practical difficulty. Criteria 5: The proposed variance does not conflict with the purpose or intent of the Ordinance or Comprehensive Plan. The south 75 feet of the property is designated as “Medium Density Residential.” This designation will be reevaluated as part of the next Comprehensive Plan update, which is currently underway. Reduced Parking Requirement (Subsection 544.13, Subd. 6) The applicant is requesting a variance to reduce the off-street parking requirement from 31 spaces to 24 spaces. Criteria 1: Strict enforcement of this requirement would cause a practical difficulty. Parking requirements are based on square footage. The applicant (Local Roots) plans to occupy 3,185 square feet of the building, while the remaining 515 square feet would be sub-leased to an unidentified retail/office/service user. The parking requirement for Class II (traditional / cafeteria) restaurants is 10 spaces per 1,000 square feet of gross floor area and the requirement for retail is 5 spaces per 1,000 square feet. After factoring in a 10 percent reduction for proximity to public transit service, the total parking requirement is 31 spaces. 24 spaces are available on the property. Criteria 2: Unique circumstances apply in that much of the restaurant area is programmed for uses other than dining area seating, including space for an art gallery, office and storage space, and a large children’s play area. The restaurant is planned to accommodate just 20 seats. Based on these factors, staff does not anticipate a parking shortage. Should the parking demand increase in the future, there is space in the rear parking lot where an existing landscaping area could be converted into up to 7 spaces. Criteria 3: Granting the requested variance will not alter the character of the neighborhood or locality. Given the proposed usage of the building and quantity of seating provided, a shortage is not anticipated. Criteria 4: The variance requested is the minimum necessary to alleviate the practical difficulty. Criteria 5: The proposed variance does not conflict with the purpose or intent of the Ordinance or Comprehensive Plan. HRISTENSEN ARCHITECTURAL CONSULTANTS 7126 Excelsior Way, St . Louis Park, MN 55426 612-377-8493 danc@you-do .com LOCAL ROOTS on the PARK @ 817 66TH Street , Richfield , MN DATE DRAWN COMM. NO. OF SHEETCA.C. I DANIEL L. CHRISTENSEN HEREBY CERTIFY THAT THIS PLAN, SPECIFICATION OR REPORT WAS PREPARED BY ME OR UNDER MY DIRECT SUPERVISION AND THAT I AM A REGISTERED ARCHITECT UNDER THE LAWS OF THE STATE OF MINNESOTA, REG. NO. 16908 DATE: D.L.C. 5.4.17 6.9.17 2 Existing Trees Existing Evergreen Bushes817 E. 66th Street Existing Parking COFFEE SHOP 80' 50'Mi Ama Mexican Market & Restaurant Attractive Landscaping 200.02'199.93'66th STREET EAST ( Co. Rd. No. 53 )ELLIOT AVENUE SOUTHCHICAGO AVENUE SOUTH1 Existing Sign Existing Parking 129 .17 139 .065'10'10'114.075'75'75'129 .23'189.075'124.93'Plant 2 Species of Evergreens and Add Landscape Rock Ground Cover Over Existing Areas of Weed Stop Fabric Trellis Structure w/ Seasonal Cover to Remain for Use in Summer 2018 Exist. Fenced Area for Future Outdoor Sitting Area Future Parking Add Handicap Sign, Symbol and Access Aisle Stripping per Code Repaint Handicap Symbols and Access Aisle Stripping Add Landscape Rock Ground Cover Over Existing Areas of Weed Stop Fabric Existing Shared Trash Enclosure Note: Any Additional Rooftop Mechanical Equipment to be in a Screen to Match Existing CODE REVIEW BUILDING DESCRIPTION: Existing 80' X 50', 1 Story, 18' high, Sprinkled, 3,856 s.f. Type 5A Construction (steel frame, bar joists and metal studs). . PROPOSED USE: Coffee Shop, Deli and Some Retail with Less than 50 Cccupants, Class B for Business Use Conditional Use and Non-Separated Spaces LANDSCAPE PLAN SCALE: 1" = 20' NORTH Note: Black Lines & Notes Denotes Existing Red Lines & Notes Denotes New Work Contractor to Verify All Existing Conditions Revised Property Lines 6.16.17 HRISTENSEN ARCHITECTURAL CONSULTANTS 7126 Excelsior Way, St . Louis Park, MN 55426 612-377-8493 danc@you-do .com LOCAL ROOTS on the PARK @ 817 66TH Street , Richfield , MN DATE DRAWN COMM. NO. OF SHEETCA.C. I DANIEL L. CHRISTENSEN HEREBY CERTIFY THAT THIS PLAN, SPECIFICATION OR REPORT WAS PREPARED BY ME OR UNDER MY DIRECT SUPERVISION AND THAT I AM A REGISTERED ARCHITECT UNDER THE LAWS OF THE STATE OF MINNESOTA, REG. NO. 16908 DATE: D.L.C. 5.4.17 6.9.17 2 96"x 24" S.S. 3-Comp .Sink 12" S.S. Hand Sinks w/ Splash Guard 36" S.S. Prep.Sink 66" S.S. Worktable Knock-Box S.S. Dump Sink Under-Counter Ice Machine Expresso Mac. 108" x 24" S.S. Worktable KID'S PLAY AREA SERVICE AREA SITTING AREA BACK KITCHEN 42" x 24" S.S. Work Table 60" x 24" S.S. Work Table DRY STORAGE 2 48" Ref.8'x8' Walk-In Freezer ART GALLERY Dual Acting 48" Double Doors 36" S.S.W.T.32" S.S.W.T. Reuse Existing Check-out Counter Existing Laundry Sink Existing Men's ADA Restroom Existing Women's ADA Restroom 36" H.C.36" H.C. New Lit Exit Sign w/ Emer.Lights 36" H.C.7'-1"PROPOSED FLOOR LAYOUT SCALE: 1/4" = 1' - 0" Exist. Exit Sign w/ Emer.Lights Exist. Exit Sign w/ Emer.Lights Exist. Exit Sign w/ Emer.Lights New Lit Exit Sign w/ Emer.Lights EXISTING STORAGE EXISTING OFFICE FUTURE TENANT DISPLAY SPACE Men's & Women's ADA Signs per Sect. 703, MN Acc. Code Black Lines and Notes Denote Existing. Color Lines and Notes Denote New Construction. Contractors to Verify all Existing Conditions & Dimensions 3'-11"3'-11"Equal Equal 96" x 30" Type II Exhaust Hood 84" x 24" S.S. Worktable 84" x 24" S.S. Worktable Quarry Floor Tile w/ Intergrated 4" Coved Base Remove Wall and Patch Wall & Ceiling as Needed Remove Exist. Cooler Fill Wall to Match Suspended Ceiling @ 9' w/ 2'x'4' Cleanable Tile & 50 fc Drop-in Shielded Lights Over Work Areas Extend Fire Sprinklers Down Through New Ceiling Existing Ceiling & Flooring to Remain Booth Seating Booth Seating 2 New Wall to Underside of Ceiling 2x4 Studs @ 16" o.c. w/ 1/2" G.B. Exist. Roof Scuttle COMMONS8'-2 1/2"4'-0" 8' Suspended Ceiling & Existing C. Tile Floor OFFICE Add ADA Counter per MN Acces Code 60" Dbl. French Doors 12" S.S. Hand Sink w/ Splash Guard NORTH ± 817 66th Street E - Zoning Variance Exhibit 0 50 100 150 20025Feet 66TH STREET CHICAGO AVENUEELLIOT AVENUEC-2 Zone 30 ft. extension of C-2 zoneas permitted by code Variance to extend C-2 zone45 additional feet (remainder of parcel) MR-2 Zone