The URL can be used to link to this page

01-09-2018 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 JAN U ARY 9, 2018 6:00 P M C all to order 1.Lyndale Avenue Reconstruction update 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 January 4, 2017 Council Memorandum No. 1 The Honorable Mayor and Members of the City Council Subject: Lyndale Avenue Reconstruction Update (Jan. 9, 2018 work session) Council Members: At the upcoming City Council work session, staff will be going over design considerations that are being discussed related to the Lyndale Avenue Reconstruction Project (66th Street to 76th Street). The purpose of the work session is to bring the City Council up to speed on the project and answer any questions. Two public open houses have been held to date leading to discussion on the following:  Access Management  Roundabouts  Bicycle Routes  On-street Parking Summaries from the open houses are attached. Please contact Kristin Asher, Public Works Director, at 612-861-9795 with questions. Respectfully submitted, Steven L. Devich City Manager SLD:tab Email: Assistant City Manager Department Directors Attachment \\metrosouth4\h\RICH\T16114541\1_Corres\A_Meetings\Public Engagement\2017-10-25 Open House\2017-10-25 Open House Summary revised.docx Lyndale Avenue Reconstruction City of Richfield Open House Summary October 25, 2017 – 4:00 to 7:00 PM Wood Lake Nature Center Purpose: The purpose of this open house was to share the purpose of the Lyndale Avenue reconstruction project, project goals and objectives, project history, and solicit public input. This open house was geared toward building a common understanding of current conditions, opportunities, and potential impacts in the corridor and project area. Staff Attendees: BOLTON & MENK – Tim Lamkin, Sarah Rippke Lloyd, Haila Maze, Zachary Parsons. CITY OF RICHFIELD – Jeff Pearson, Jack Broz, Kristin Asher, Liz Finnegan, Logan Vlasaty RICHFIELD TRANSPORTATION COMMISSION MEMBERS – Wesley Dunser, Phil Chillman, Ken Severson, Gary Ness Richfield Public Attendees: There were approximately fifty (50) interested participants who attended the open house to review the materials and provide comments. Materials Presented: The material was set in a format allowing attendees the opportunity to view and visit with project staff at their leisure. Materials included  Several boards with information on project overview, goals and objectives, related plans and policies, and community context  Two large layouts of the corridor, with the opportunity to discuss and provide comments  Surveys and comment cards to solicit input from participants Comments Received: Public input was collected through discussions with staff and through surveys and comment cards. The following summarizes the most frequently mentioned themes in the public comments collected:  Safe and improved pedestrian facilities, particularly sidewalks and crossings (19 mentions)  Safe and dedicated bike lanes on corridor, with connections to other facilities (13 mentions, though 4 opposed)  Address speeding, including via traffic calming (5 mentions)  Maintain existing trees and green space (4 mentions)  Improve signal at 73rd Street (4 mentions)  Convert the road from 4 to 3 lanes (3 mentions, though 2 opposed) \\metrosouth4\h\RICH\T16114541\1_Corres\A_Meetings\Public Engagement\2017-10-25 Open House\2017-10-25 Open House Summary revised.docx  Safer pedestrian and auto access for apartments and businesses at southern end of corridor, particularly Lyndale Commons (3 mentions) 0% 10% 20% 30% 40% 50% 60% 70% 80% Traffic Safety/Distracted Driving Traffic Congestion Traffic Speeds Signal Timing or Location Pavement Condition Lane Width Presence of Parking on the Corridor Other Traffic-Related Concerns Along the Corridor Today 0% 10% 20% 30% 40% 50% 60% 70% Pedestrian Safety and Accessibility Bicycle Safety and Accessibility Transit Safety and Accessibility Corridor Appearance Impact on Adjacent Uses Other Concerns About the Corridor Today 16 7 16 16 9 4 14 6 18 5 7 28 22 1 0 0 5 10 15 20 25 30 L M H L M H L M H L M H L M H Walk Transit Bicycle Auto Truck How is the Corridor Used C:\Users\kasher\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\RTJG09HR\2017-11-29 Open House Summary.docx Lyndale Avenue Reconstruction City of Richfield Open House Summary November 29, 2017 –4:00 to 7:00 PM Wood Lake Nature Center Purpose: The purpose of this open house was to reflect back feedback received to date, present a draft problem statement and goals, provide information on the corridor's existing issues, and educate on safety tools design elements that will address the corridor's issues. Feedback was collected on whether the process has been responsive to feedback to date, and whether the safety tool and design elements would be preferred on the corridor. Staff Attendees BOLTON &MENK Tim Lamkin, Sarah Rippke Lloyd, Haila Maze, Zachary Parsons CITY OF RICHFIELD Jeff Pearson, Jack Broz, Kristin Asher, Liz Finnegan, Logan Vlasaty RICHFIELD TRANSPORTATION COMMISSION MEMBERS Ken Severson, Jeffrey Walz, Gary Ness, Jack Wold, Sean Heyford-Oleary, Art Felgate RICHFIELD CITY COUNCIL MEMBERS Maria Regan Gonzalez Meeting Notification The following notifications were done regarding the November 26 Open House: Approximately 900 mailers were sent to residents within proximity of the project, advertising both open houses. An ad in the Sun Current paper was printed in the November 23, 2017 publication. An ad on Facebook was promoted from November 22 –November 29, targeted towards those in Richfield. Multiple Facebook posts were created on both the City Facebook page as well as the Sweet Streets Facebook page. Richfield Public Attendees: There were approximately sixty (60)interested participants who attended the open house to review the materials and provide comments. Materials Presented: The material was set in a format allowing attendees the opportunity to view and visit with project staff at their leisure.Materials included Several boards with information on project overview,goals and objectives,related plans and policies,community context, problem statement, work done to date, and feedback summary Series of boards with information on specific design elements and safety tools Large layout of the corridor, with the opportunity to discuss and provide comments C:\Users\kasher\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\RTJG09HR\2017-11-29 Open House Summary.docx Surveys and comment cards to solicit input from participants Comments Received: Public input was collected through discussions with staff and through surveys and comment cards. The following summarizes public comments collected: Address ways to accommodate bicycles safety, and make connections to other facilities; difference of opinion if needed on Lyndale Pedestrian and business access improvements south of 74th Need better pedestrian facilities –sidewalks and crosswalks Difference of opinion on need for on-street parking 0 5 10 15 20 25 What We've Learned Addressing the Problem Speed/Conflict Point Reduction Bicycle Facilities Parking Survey Questions: Support For Concepts Yes No Not Sure 0 5 10 15 20 25 3 Lane Section Access Control Roundabout Compact Roundabout Raised Median RRFB Number Saying "Yes" to Concept South Middle North 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 JAN U ARY 9, 2018 6:30 P M C all to order 1.P otenti al redevelopment of H R A lots at 1405 and 1407 - 66th S treet E ast by Therapy of C hampions 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 January 4, 2018 Council Memorandum No. 2 HRA Memorandum No. 1 The Honorable Mayor Housing and Redevelopment And Authority Commissioners Members of the City Council City of Richfield Subject: Potential Redevelopment of HRA Lots at 1405 and 1407 - 66th Street East Council Members and Commissioners: The Housing and Redevelopment Authority (HRA) owns two adjacent properties at 1405 and 1407 – 66th Street East. The properties were purchased by the City in 2010 and the structures demolished in 2016. Therapy of Champions operates from the neighboring property at 1415 – 66th Street East. The owners are interested in acquiring the HRA properties in order to construct a much larger facility wi th a variety of health- related services. Therapy of Champion and Thor Development representatives will make a brief presentation of their vision for this site at a combined work session of the Council, HRA, and Planning Commission on January 9, 2018 at 6:30 pm. Respectfully submitted, Steven L. Devich City Manager SLD: mnp Email: Planning Commission Assistant City Manager Department Directors Attachment: Applicant Brief Who is Therapy of Champions & what services do we provide? Therapy of Champions is an advanced recovery studio designed to help active individuals of all ages recover faster and perform better in their everyday lives. We specialize in a range of therapies, including: Whole Body Cryotherapy, NormaTec Compression, Sports Massage, Acupuncture, Yoga, Mindfulness, Sports Psychology, and the NeuroTarget technique. The therapies we offer are proactive, and focus on reducing inflammation, flushing the lymphatic system, dissipating lactic acid, and reducing toxic stress. We also help to properly align the body to maximize the efficiency of force production with the least amount of effort. By leveraging the best of ancient and modern technologies, we empower our clients to play a proactive role in their well-being. Instead of just pushing through the pain and soreness, Therapy of Champions provides the recovery tools needed to prevent ailments, reduce the risk of injuries, and enjoy an active lifestyle. What We’re Building Therapy of Champions is planning to build the largest performance recovery facility in the United States. This facility will be two stories, 12,000 square feet and be exclusively dedicated toward helping active individuals of all ages recover faster from their fitness, occupational, and recreational activities, while increasing their focus, reducing stress, and ultimately performing better in their everyday lives. In the new facility we will be adding:  30 new recovery services  10 multi-use suites for 10 different complementary and alternative healthcare practitioners  4 commercial spaces for rent  Dentist  Salon/MediSpa  Kids Theory  Commercial Kitchen During our presentation we will highlight the new development and discuss how we want to contribute to the economic vibrancy and revitalization of the E. 66th Street Corridor Thank you, Therapy of Champions 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 JAN U ARY 9, 2018 7:00 P M IN TR O D U C TO RY P R O C E E D IN G S C all to order Open forum (15 mi nutes maximum) E ach speaker is to keep their comment period to three minutes to allow sufficient time for others. C omments are to be an opportunity to address the C ouncil on items not on the agenda. I ndividuals who w ish to address the C ouncil must have registered prior to the meeting. P ledge of A llegiance A pproval of the mi nutes of the: (1) S pecial C ity C ouncil work session of D ecember 12, 2017; (2) Regular C ity C ouncil meeting of D ecember 12, 2017; and (3) S pecial joi nt C ity C ouncil and S chool B oard of E ducation (IS D No. 280) work session of D ecember 18, 2017. C O U N C IL D IS C U S S IO N 1.Hats Off to Hometown Hits AG E N D A AP P R O VAL 2.A pproval of the A genda 3.Consent C alendar contains several separate items, which are acted upon by the City C ouncil in one motion. Once the C onsent Calendar has been approved, the individual items and recommended actions have also been approved. No further Council action on these items is necessary. However, any Council Member may request that an item be removed from the Consent Calendar and placed on the regular agenda for C ouncil discussion and action. All items listed on the C onsent C alendar are recommended for approval. A .C onsi deration of the approval of resolutions designating official depositories for the C ity of Richfield for 2018, i ncluding the approval of collateral. S taff Report No. 1 B .C onsi deration of the approval of a resoluti on authorizing the use of credit cards by C ity employees otherwi se authorized to make purchases on behalf of the C ity. S taff Report No. 2 C .C onsi deration of the approval of a resoluti on designating an official newspaper for 2018. S taff Report No. 3 D .C onsi deration of the approval of a desi gnation of an A cting C ity Manager for 2018. S taff Report No. 4 E .C onsi deration of the approval of a resoluti on approving the P ublic P urpose E xpenditure P olicy for fiscal year 2018. S taff Report No. 5 F.C onsi deration of the approval of a resoluti on approving the contract wi th the International A ssociation of F irefighters L ocal 1215 for the contract period J anuary 1, 2018 through D ecember 31, 2019 and authori ze the C i ty Manager to execute the agreement. S taff Report No. 6 G.C onsi deration of the approval for a Temporary On-S ale Intoxicating L iquor license for the B lessed Trinity C atholi c S chool, located at C hurch of S t. Richard, 7540 P enn Avenue S outh, for their 2018 S no*ball D ance taking place F ebruary 3, 2018. S taff Report No. 7 H.C onsi deration of the approval of an Intergovermental C ooperative A greement regarding P ublic S afety in B loomi ngton, Minnesota, related to the 2018 National F ootball L eague S uper B owl. S taff Report No. 8 I.C onsi deration of the approval of a J oi nt P owers A greement with the I-494 C orridor C ommission for the purpose of the participating municipali ti es to work cooperatively to improve transportation along and around the I-494 C orridor. S taff Report No. 9 J.C onsi deration of an agreement and resolution authorizing the Minnesota D epartment of Transportation to act as the C ity's agent in accepting federal aid in connection with transportation projects. S taff Report No. 10 K .C onsi deration of the approval of a resoluti on appointing Janell S tacey to the Richfield Tourism P romoti on B oard to complete a three-year term endi ng D ecember 31, 2018 or until a successor is chosen, whichever is later. S taff Report No. 11 4.C onsideration of items, if any, removed from C onsent C alendar P U B LIC H EAR IN G S 5.P ublic heari ng and consideration of the approval of new On-S ale W ine and 3.2 P ercent Malt L iquor licenses, with outside services, for L RF C , L L C d/b/a L ocal Roots F ood & C offee located at 817 66th S treet E ast. S taff Report No. 12 6.P ublic heari ng and consideration of an appeal to the B oard of A djustments and A ppeals regarding the P lanni ng C ommission's denial of a variance to reduce setback requirements for a garage at 6400 P illsbury Avenue. S taff Report No. 13 PR O P O S E D O R D IN AN C ES 7.C onsideration of the approval of a second readi ng of an ordinance adding C i ty C ode S ection 430 pertaining to shore land management and a resolution authori zing summary publication. S taff Report No. 14 8.C onsideration of a variety of land use approvals related to a proposal for construction of a new auto dealership at 1550 78th S treet E ast. S taff Report No. 15 O T H E R B U SIN E S S 9.C onsideration of designating representati ves to serve as the 2018 liaisons to various metropolitan agencies and C ity commi ssi ons. S taff Report No. 16 10.D iscussi on regarding C ity C ouncil attendance at the 2018 National L eague of C i ti es (NL C ) C onferences. S taff Report No. 17 C IT Y MAN AG E R ’S R E P O R T 11.C ity Manager's Report C L AIMS AN D PAYR O LL S 12.C laims and P ayrolls Open forum (15 mi nutes maximum) E ach speaker is to keep their comment period to three minutes to allow sufficient time for others. C omments are to be an opportunity to address the C ouncil on items not on the agenda. I ndividuals who w ish to address the C ouncil must have registered prior to the meeting. 13.A djournment Auxiliary aids for individuals with disabilities are available upon request. R equests must be made at least 96 hours in advance to the C ity Clerk at 612-861-9738. CITY COUNCIL MEETING MINUTES Richfield, Minnesota Special City Council Work Session December 12, 2017 CALL TO ORDER The work session was called to order by Mayor Elliott at 5:45 p.m. in the Bartholomew Room. 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; Kristin Asher, Public Works Director; Jay Henthorne, Public Safety Director/Police Chief; Jeff Pearson, City Engineer; Jack Broz, Transportation Engineer; and Jared Voto, Executive Aide/Analyst. Item #1 DISCUSSION OF PROJECTS SUBMITTAL FOR CORRIDORS OF COMMERCE SOLICITATION City Engineer Pearson presented a Corridors of Commerce overview, 494 project history, staff recommended projects for the Corridors of Commerce solicit ation, and the next steps in the solicitation process. Councilmembers asked questions about the 494 consolidation projects, specifically the potential closures of 12th Avenue and Lyndale Avenue exists, and discussed this potential as it relates to the 77th Street Underpass project. City Engineer Pearson and Public Works Director Asher answered questions and asked for the Councilmembers thoughts on the recommended projects. Councilmembers had further discussion about the 494 corridor projects and their impact on Richfield. City Engineer Pearson suggested drafting a more broad resolution addressing 494. Councilmembers agreed that was a good compromise. Public Works Director Asher stated staff would draft a resolution and distribute it to the Council for comment. Item #2 DISCUSSION OF RICHFIELD POLICE DEPARTMENT’S DIGITAL BODY RECORDERS POLICY Chief Henthorne presented the Police Department’s digital body recorders policy that was created in 2014 and amended to include the required changes due to legislative changes in 2016 and highlighted areas of the policy that have been controversial when topics have been discussed, including mandatory, discretionary, and prohibited recording, data practices of the video, and checks and balances in the policy. Councilmember Howard commented on the importance of the policy and body-warn cameras in Richfield and asked how the policy differs from other cities. Chief Henthorne responded that the Special Council Work Session Minutes -2- November 28, 2017 policy is modeled after St. Paul’s policy, which has been thoroughly vetted. Councilmember Howard asked about the plan for community feedback on the policy. Chief Henthorne responded the Department plans to have community meetings and an online survey to collect feedback. Lastly, Councilmember Howard asked about the timing and resources needed for implementation of body- worn cameras. Chief Henthorne responded the Department is evaluating the costs and developing a proposal. Mayor Elliott commented that the cameras are an important tool and good for the community and that it’s important the community is onboard with the use of cameras. Councilmember Regan Gonzalez asked if funding was available to purchase the cameras. Chief Henthorne responded that there are grant opportunities and the Department is looking to apply. City Manager Devich commented on the back-end costs of redacting information. ADJOURNMENT The work session was adjourned by unanimous consent at 6:48 p.m. Date Approved: January 9, 2018 _____________________________ Pat Elliott Mayor _____________________________ ____________________________ Jared Voto Steven L. Devich Executive Aide/Analyst City Manager CALL TO ORDER The meeting was called to order by Mayor Elliott at 7:00 p.m. in the Council Chambers. Councilmembers 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; Kristin Asher, Public Works Director; Jay Henthorne, Public Safety Director/Police Chief; John Stark, Community Development Director; Bill Fillmore, Liquor Operations Director; Chris Regis, Finance Manager; and Jared Voto, Executive Aide/Analyst. OPEN FORUM None PLEDGE OF ALLEGIANCE Mayor Elliott led the Pledge of Allegiance. APPROVAL OF MINUTES M/Howard, S/Garcia to approve the minutes of the: (1) Special joint City Council and Planning Commission work session of November 20, 2017; (2) Special City Council meeting of November 20, 2017; (3) Special joint City Council, Housing and Redevelopment Authority, and Planning Commission work session of November 28, 2017; (4) Special City Council work session of November 28, 2017; (5) Regular City Council meeting of November 28, 2017; and (6) Special City Council meeting of December 5, 2017. Motion carried 5-0. PRESENTATION BY VFW REPRESENTATIVES OF PATRIOT’S PEN AWARD CITY COUNCIL MEETING MINUTES Richfield, Minnesota Regular Meeting December 12, 2017 Council Meeting Minutes -2- December 12, 2017 Len Gudmunson, VFW representative, provided background on the Patriot’s Pen Award and Casey Gay read his winning essay. Item #1 RICHFIELD FOUNDATION AWARDING OF GRANTS Richfield Foundation board members presented grants to the selected recipients. Item #2 ANNUAL MEETING WITH THE TRANSPORTATION COMMISSION Ted Weidenbach, Transportation Commission Chair, presented on the work of the commission in 2017 and items the commission will be looking at in 2018. Councilmembers thanked the commission for their work. Item #3 COUNCIL DISCUSSION  Hats Off to Hometown Hits o Schedule commission interview date(s) Councilmember Garcia spoke regarding the Richfield Optimist Club’s Avenues of Flags program Councilmember Trautmann spoke regarding Wood Lake Nature Center’s programs. Councilmember Howard reflected on the great work happening in 2017 including the advisory commission applicants, creating the Economic Development Authority, increasing funding to Kids @ Home, Seasons Park, 66th Street Reconstruction, Chamberlain approval, and 77th Street Underpass progress. Councilmember Regan Gonzalez agreed with Councilmember Howard’s comments and thanked everyone for dedicating their time to Richfield and investing in the community. Mayor Elliott thanked Commissioner Goettel for her work, especially on the 77th Street Underpass project. Councilmembers agreed to January 13 and/or January 20 for interviews, depending on the number of applicants. Item #4 APPROVAL OF THE AGENDA M/Garcia, S/Regan Gonzalez to approve the agenda. Motion carried 5-0. Item #5 CONSENT CALENDAR Council Meeting Minutes -3- December 12, 2017 City Manager Devich presented the consent calendar. A. Consideration of the approval of a contract with Graymont (WI), LLC for the annual purchase of 1,400 tons of quick lime in the amount of $737,240 for water treatment in 2018, 2019, and 2020. (S.R. No. 204) B. Consideration of the approval of a resolution allowing the acceptance of monetary support solicited for the Public Safety/Police Department in support of Safety Day, Nite to Unite, Heroes and Helpers, and Unity in the Community. (S.R. No. 205) RESOLUTION NO. 11440 RESOLUTION AUTHORIZING RICHFIELD PUBLIC SAFETY/POLICE DEPARTMENT TO ACCEPT DONATIONS FROM THE LISTED AGENCIES, BUSINESSES AND PRIVATE INDIVIDUALS FOR DESIGNATED USES This resolution appears as Resolution No. 11440. C. Consideration of the approval of a resolution allowing acceptance of monetary support for the Fire Department to purchase equipment. (S.R. No. 206) RESOLUTION NO. 11441 RESOLUTION AUTHORIZING THE ACCEPTANCE OF MONETARY SUPPORT FROM THE RESIDENTS AND VENDORS OF VILLAGE SHORES FOR THE RICHFIELD FIRE DEPARTMENT TO PURCHASE SAFETY This resolution appears as Resolution No. 11441. D. Consideration of the approval of the renewal of the 2018 licenses for On-Sale 3.2 Percent Malt Liquor, Off-Sale 3.2 Percent Malt Liquor and taxi companies doing business in Richfield. (S.R. No. 207) Licenses to Operate in Richfield Licenses to sell 3.2 Percent Malt Liquor Gold Star Taxi - 10 vehicles Portland Food Mart - Off-Sale Airport Taxi - 6 vehicles Pump & Much - Off-Sale Rainbow Foods - Off-Sale Richfield Minnoco (Gas station 67th& Penn) - Off-Sale Short Stop Supperette - Off-Sale SuperAmerica #4186 - Off-Sale SuperAmerica #4188 - Off-Sale SuperAmerica #4191 - Off-Sale SuperAmerica #4615 - Off-Sale Target Corporation - Off-Sale Sandy’s Tavern - On-Sale Vina Restaurant - On-Sale E. Consideration of the approval of a first reading of an ordinance adding City Code Section 430 pertaining to shore land management and schedule a second reading for January 9, 2018. (S.R. No. 208) F. Consideration for the approval of a resolution designating polling places for the 2018 State Primary and State General Election. (S.R. No. 209) RESOLUTION NO. 11442 Council Meeting Minutes -4- December 12, 2017 RESOLUTION DESIGNATING POLLING PLACES FOR THE 2018 STATE PRIMARY AND STATE GENERAL ELECTION This resolution appears as Resolution No. 11442. M/Elliott, S/Trautmann to approve the consent calendar. Motion carried 5-0. Item #6 CONSIDERATION OF ITEMS, IF ANY, REMOVED FROM THE CONSENT CALENDAR None. Item #7 CONSIDERATION OF THE APPROVAL OF AN ORDINANCE AUTHORIZING THE CONVEYANCE OF VACATED RIGHT-OF-WAY OWNED BY THE CITY OF RICHFIELD TO THE RICHFIELD HOUSING AND REDEVELOPMENT AUTHORITY. (S. R. NO. 210) Councilmember Regan Gonzalez presented Staff Report No. 210. M/Regan Gonzalez, S/Howard to approve a second reading of an ordinance authorizing the conveyance of property owned by the City of Richfield to the Richfield Housing and Redevelopment Authority. Motion carried 5-0. Item #8 CONSIDERATION OF THE APPROVAL OF AN ORDINANCE AMENDING THE CITY'S ZONING ORDINANCE RELATED TO CONSTRUCTION STANDARDS TO MITIGATE THE IMPACT OF AIRPORT NOISE AND CONSIDERATION OF A RESOLUTION AUTHORIZING SUMMARY PUBLICATION OF SAID ORDINANCE. (S. R. NO. 211) Councilmember Regan Gonzalez presented Staff Report No. 211. Community Development Director Stark commented on the reasons for the modifications in the ordinance. Mayor Elliott commented he appreciates the adjustment to the ordinance based on research and communication with what is available in the market. He invited a developer to speak regarding the proposed changes. Steve Schwanke, Inland Development, commented on the requested change of “materials” versus “assemblies” and requested the STC rating be reduced by one for both windows and doors (from 31 to 30 and 28 to 27, respectively). Councilmember Howard asked about the request for a one point reduction. Mr. Schwanke responded the increased costs without knowing the exact technical terms. Council Meeting Minutes -5- December 12, 2017 Mayor Elliott stated his reasoning for following staff’s recommendation. City Manager Devich discussed staff’s reasoning for the 31 versus 30, and stated a variance may be appropriate for a specific project, but standard could be set at 31 and 28 in the area. M/Regan Gonzalez, S/Garcia to approve an ordinance amending the City's Zoning Ordinance related to construction standards to mitigate the impact of airport noise, and approve a resolution authorizing summary publication of an ordinance amending the City's Zoning Ordinance related to construction standards to mitigate the impact of airport noise. RESOLUTION NO. 11443 RESOLUTION APPROVING SUMMARY PUBLICATION OF AN ORDINANCE AMENDING THE RICHFIELD CITY CODE SECTION 541.19 NOISE ATTENUATION (SUBDIVISION 3) Motion carried 5-0. This resolution appears as Resolution No. 11443. Item #9 PUBLIC HEARING FOR THE CONSIDERATION OF THE RENEWAL OF 2018 ON-SALE INTOXICATING AND SUNDAY LIQUOR LICENSES, WITH OPTIONAL 2 A.M. CLOSING, FOR FRENCHMAN'S PUB, INC. D/B/A FRENCHMAN'S, 1400 66TH STREET EAST. (S. R. NO. 212) Councilmember Howard presented Staff Report Nos. 212 through 220 and opened the public hearings for all 2018 on-sale intoxicating and Sunday liquor licenses. M/Elliott, S/Trautmann to close the public hearings. Motion carried 5-0. M/Howard, S/Elliott to approve the renewal of 2018 On-Sale Intoxicating and Sunday Liquor licenses, with optional 2 a.m. closing, for Frenchman’s Pub, Inc. d/b/a Frenchman’s, 1400 66th Street East. Motion carried 5-0. Item #10 PUBLIC HEARING FOR THE CONSIDERATION OF THE RENEWAL OF 2018 ON-SALE INTOXICATING AND SUNDAY LIQUOR LICENSES FOR PAISAN INCORPORATED, D/B/A KHAN’S MONGOLIAN BARBEQUE, 500 78TH STREET EAST. (S. R. NO. 213) M/Howard, S/Regan Gonzalez to approve the renewal of 2018 On-Sale Intoxicating and Sunday Liquor licenses for Paisan Incorporated d/b/a Khan’s Mongolian Barbeque, 500 78th Street East. Motion carried 5-0. Council Meeting Minutes -6- December 12, 2017 Item #11 PUBLIC HEARING FOR THE CONSIDERATION OF THE RENEWAL OF 2018 ON-SALE INTOXICATING AND SUNDAY LIQUOR LICENSES FOR LYN 65, LLC, D/B/A LYN 65 KITCHEN & BAR, 6439 LYNDALE AVENUE SOUTH. (S. R. NO. 214) M/Howard, S/Trautmann to approve the renewal of 2018 On-Sale Intoxicating and Sunday Liquor licenses for Lyn 65, LLC, d/b/a Lyn 65 Kitchen & Bar, 6439 Lyndale Avenue South. Motion carried 5-0. Item #12 PUBLIC HEARING FOR THE CONSIDERATION OF THE RENEWAL OF 2018 ON-SALE INTOXICATING AND SUNDAY LIQUOR LICENSES, WITH OPTIONAL 2 A.M. CLOSING, FOR EL TEJABAN MEXICAN RESTAURANT, LLC D/B/A EL TEJABAN MEXICAN GRILL, 6519 NICOLLET AVENUE SOUTH. (S. R. NO. 215) M/Howard, S/Elliott to approve the renewal of 2018 On-Sale Intoxicating and Sunday Liquor licenses, with optional 2 a.m. closing, for El Tejaban Mexican Restaurant, LLC d/b/a El Tejaban Mexican Grill, 6519 Nicollet Avenue South. Motion carried 5-0. Item #13 PUBLIC HEARING REGARDING THE APPROVAL OF THE RENEWAL OF 2018 ON-SALE INTOXICATING AND SUNDAY LIQUOR LICENSES FOR GM RICHFIELD, LLC, D/B/A FOUR POINTS BY SHERATON MINNEAPOLIS AIRPORT, 7745 LYNDALE AVENUE SOUTH. (S. R. NO. 216) M/Howard, S/Regan Gonzalez to approve the renewal of 2018 On-Sale Intoxicating and Sunday Liquor licenses for GM Richfield, LLC, d/b/a Four Points by Sheraton Minneapolis Airport, 7745 Lyndale Avenue South. Motion carried 5-0. Item #14 PUBLIC HEARING FOR THE CONSIDERATION OF THE RENEWAL OF 2018 ON-SALE INTOXICATING AND SUNDAY LIQUOR LICENSES WITH OUTSIDE SERVICE, FOR THOMPSON'S FIRESIDE PIZZA, INC., D/B/A FIRESIDE FOUNDRY, 6736 PENN AVENUE SOUTH. (S. R. NO. 217) M/Howard, S/Elliott to approve the renewal of 2018 On-Sale Intoxicating and Sunday Liquor licenses with outside service, for Thompson's Fireside Pizza, Inc., d/b/a Fireside Foundry, 6736 Penn Avenue South. Motion carried 5-0. Council Meeting Minutes -7- December 12, 2017 Item #15 PUBLIC HEARING FOR THE CONSIDERATION OF THE RENEWAL OF 2018 ON-SALE INTOXICATING AND SUNDAY LIQUOR LICENSES, WITH OUTSIDE SERVICE, AND WITH THE OPTIONAL 2 A.M. CLOSING, FOR PIZZA LUCE VII, INC., D/B/A PIZZA LUCE, 800 66TH STREET WEST. (S. R. NO. 218) M/Howard, S/Regan Gonzalez to approve the renewal of 2018 On-Sale Intoxicating and Sunday Liquor licenses, with outside service, and the optional 2 a.m. closing, for Pizza Luce VII, Inc., d/b/a Pizza Luce, 800 66th Street West. Motion carried 5-0. Item #16 PUBLIC HEARING FOR THE CONSIDERATION OF THE RENEWAL OF 2018 ON-SALE INTOXICATING AND SUNDAY LIQUOR LICENSES, WITH OUTSIDE SERVICE, FOR WILTSHIRE RESTAURANTS, LLC D/B/A HOULIHAN'S RESTAURANT & BAR, 6601 LYNDALE AVENUE SOUTH. (S. R. NO. 219) M/Howard, S/Elliott to approve the renewal of 2018 On-Sale Intoxicating and Sunday Liquor licenses, with outside service, for Wiltshire Restaurants, LLC d/b/a Houlihan’s Restaurant & Bar, 6601 Lyndale Avenue South. Motion carried 5-0. Item #17 PUBLIC HEARING FOR THE CONSIDERATION OF THE RENEWAL OF 2018 ON-SALE INTOXICATING AND SUNDAY LIQUOR LICENSES, WITH OUTSIDE SERVICE, FOR VPC RICHFIELD PIZZA, LLC D/B/A GIORDANO'S OF RICHFIELD, 3000 66TH STREET WEST. (S. R. NO. 220) M/Howard, S/Garcia to approve the renewal of 2018 On-Sale Intoxicating and Sunday Liquor licenses, with outside service, for VPC Richfield Pizza, LLC d/b/a Giordano's of Richfield, 3000 66th Street West. Motion carried 5-0. Item #18 PUBLIC HEARING FOR THE CONSIDERATION OF THE RENEWAL OF 2018 ON-SALE WINE AND 3.2 PERCENT MALT LIQUOR LICENSES FOR CHIPOTLE MEXICAN GRILL OF COLORADO, LLC, D/B/A CHIPOTLE MEXICAN GRILL, 7644 LYNDALE AVENUE SOUTH. (S. R. NO. 221) Councilmember Garcia presented Staff Report Nos. 221 through 227 and opened the public hearings for all 2018 on-sale wine and 3.2 percent malt liquor licenses. M/Garcia, S/Howard to close the public hearings. Motion carried 5-0. Council Meeting Minutes -8- December 12, 2017 M/Garcia, S/Elliott to approve the renewal of 2018 On-Sale Wine and 3.2 Percent Malt Liquor licenses for Chipotle Mexican Grill of Colorado, LLC d/b/a Chipotle Mexican Grill, 7644 Lyndale Avenue South. Motion carried 5-0. Item #19 PUBLIC HEARING FOR THE CONSIDERATION OF THE RENEWAL OF 2018 ON-SALE WINE AND 3.2 PERCENT MALT LIQUOR LICENSES FOR HENRY THOU, D/B/A RED PEPPER CHINESE RESTAURANT, 2910 66TH STREET WEST. (S. R. NO. 222) M/Garcia, S/Regan Gonzalez to approve the renewal of 2018 On-Sale Wine and 3.2 Percent Malt Liquor licenses for Henry Thou, d/b/a Red Pepper Chinese Restaurant, 2910 66th Street West. Motion carried 5-0. Item #20 PUBLIC HEARING FOR THE CONSIDERATION OF THE RENEWAL OF 2018 ON-SALE WINE AND 3.2 PERCENT MALT LIQUOR LICENSES FOR MINNESOTA JUNIOR HOCKEY GROUP, LLC D/B/A MINNESOTA MAGICIANS AT THE RICHFIELD ICE ARENA, 636 EAST 66TH STREET. (S. R. NO. 223) M/Garcia, S/Elliott to approve the renewal of 2018 On-Sale Wine and 3.2 Percent Malt Liquor licenses for Minnesota Junior Hockey Group, LLC d/b/a Minnesota Magicians at the Richfield Ice Arena, 636 East 66th Street. Motion carried 5-0. Item #21 PUBLIC HEARING FOR THE CONSIDERATION OF THE RENEWAL OF 2018 ON-SALE WINE AND 3.2 PERCENT MALT LIQUOR LICENSES FOR PATRICK'S FRENCH BAKERY, INC., D/B/A PATRICK'S BAKERY & CAFE, 2928 66TH STREET WEST. (S. R. NO. 224) M/Garcia, S/Elliott to approve the renewal of 2018 On-Sale Wine and 3.2 Percent Malt Liquor licenses for Patrick’s French Bakery, Inc. d/b/a Patrick’s Bakery & Café, 2928 66th Street West. Motion carried 5-0. Item #22 PUBLIC HEARING FOR THE CONSIDERATION OF THE RENEWAL OF 2018 ON-SALE WINE AND 3.2 PERCENT MALT LIQUOR LICENSES FOR DAVANNI'S, INC. D/B/A DAV ANNI'S PIZZA AND HOT HOAGIES, 6345 PENN AVENUE SOUTH. (S. R. NO. 225) M/Garcia, S/Regan Gonzalez to approve the renewal of 2018 On-Sale Wine and 3.2 Percent Malt Liquor licenses for Davanni's, Inc., d/b/a Davanni's Pizza and Hot Hoagies, 6345 Penn Avenue South. Council Meeting Minutes -9- December 12, 2017 Motion carried 5-0. Item #23 PUBLIC HEARING FOR THE CONSIDERATION OF THE RENEWAL OF 2018 ON-SALE WINE AND 3.2 PERCENT MALT LIQUOR LICENSES FOR MY BURGER OPERATIONS, LLC D/B/A MY BURGER, 6555 LYNDALE AVENUE SOUTH. (S. R. NO. 226) M/Garcia, S/Elliott to approve the renewal of 2018 On-Sale Wine and 3.2 Percent Malt Liquor licenses for My Burger Operations, LLC, d/b/a My Burger, 6555 Lyndale Avenue South. Motion carried 5-0. Item #24 PUBLIC HEARING FOR THE CONSIDERATION OF THE RENEWAL OF 2018 ON-SALE WINE AND 3.2 PERCENT MALT LIQUOR LICENSES FOR JOY'S PATTAYA THAI RESTAUR ANT, LLC D/B/A JOY'S PATTAYA THAI RESTAURANT, 7545 LYNDALE AVENUE SOUTH. (S. R. NO. 227) M/Garcia, S/Elliott to approve the renewal of 2018 On-Sale Wine and 3.2 Percent Malt Liquor licenses for Joy’s Pattaya Thai Restaurant, LLC d/b/a Joy’s Pattaya Thai Restaurant, 7545 Lyndale Avenue South. Motion carried 5-0. Item #25 PUBLIC HEARING FOR THE CONSIDERATION OF THE RENEWAL OF 2018 CLUB ON-SALE INTOXICATING AND SUNDAY LIQUOR LICENSES FOR FRED BABCOCK V.F.W. POST NO. 5555 D/B/A FOUR NICKELS FOOD AND DRINK, 6715 LAKESHORE DRIVE. (S. R. NO. 228) Councilmember Trautmann presented Staff Report Nos. 228 through 229 and opened the public hearings for all 2018 club on-sale intoxicating and Sunday liquor licenses. M/Trautmann, S/Garcia to close the public hearings. Motion carried 5-0. M/Trautmann, S/Elliott to approve the renewal of 2018 Club On-Sale and Sunday Liquor licenses for Fred Babcock V.F.W. Post No. 5555 d/b/a Four Nickels Food and Drink, 6715 Lakeshore Drive. Motion carried 5-0. Item #26 PUBLIC HEARING FOR THE CONSIDERATION OF THE RENEWAL OF THE 2018 CLUB ON-SALE AND SUNDAY LIQUOR LICENSES FOR MINNEAPOLIS- RICHFIELD AMERICAN LEGION POST NO. 435, 6501 PORTLAND AVENUE SOUTH. (S. R. NO. 229) Council Meeting Minutes -10- December 12, 2017 M/Trautmann, S/Garcia to approve the renewal of 2018 Club On-Sale and Sunday Liquor licenses for the Minneapolis-Richfield American Legion Post No. 435, 6501 Portland Avenue South. Motion carried 5-0. Item #27 PUBLIC HEARING FOR THE CONSIDERATION OF THE RENEWAL OF 2018 PAWNBROKER AND SECONDHAND GOODS DEALER LICENSES FOR METRO PAWN & GUN, INC. 7529 LYNDALE AVENUE SOUTH. (S. R. NO. 230) Councilmember Howard presented Staff Report No. 230 and opened the public hearing. Mark Nichols, applicant, noted he was in attendance is there were any questions. Councilmembers thanked Mr. Nichols for introducing himself. M/Howard, S/Elliott to close the public hearing. Motion carried 5-0. M/Howard, S/Elliott to approve the renewal of 2018 Pawnbroker and Secondhand Goods Dealer licenses for Metro Pawn & Gun, Inc. 7529 Lyndale Avenue South. Motion carried 5-0. Item #28 PUBLIC HEARING AND CONSIDERATION OF THE APPROVAL OF A TRANSITORY ORDINANCE VACATING A PORTION OF 67TH STREET EAST RIGHT-OF-WAY AND A STORM SEWER EASEMENT WITHIN THE CHAMBERLAIN DEVELOPMENT. (S. R. NO. 231) Councilmember Regan Gonzalez presented Staff Report No. 231 and opened the public hearing. M/Elliott, S/Regan Gonzalez to close the public hearing. Motion carried 5-0. M/Regan Gonzalez, S/Garcia to approve a second reading a transitory ordinance vacating a portion of 67th Street East right-of-way and a storm sewer easement within The Chamberlain development area. Motion carried 5-0. Item #29 PUBLIC HEARING AND CONSIDERATION OF THE APPROVAL OF A RESOLUTION GRANTING APPROVAL OF THE PRELIMINARY AND FINAL PLAT OF THE WEXLER'S SECOND ADDITION (FOR THE CHAMBERLAIN PROJECT). (S. R. NO. 232) Council Meeting Minutes -11- December 12, 2017 Councilmember Regan Gonzalez presented Staff Report No. 232 and opened the public hearing. M/Regan Gonzalez, S/Howard to close the public hearing. Motion carried 5-0. M/Regan Gonzalez, S/Elliott to approve a resolution granting approval of the final plat of Wexler's Second Addition. RESOLUTION NO. 11444 RESOLUTION GRANTING APPROVAL OF PRELMINARY AND FINAL PLATS FOR WEXLER’S SECOND ADDITION Motion carried 5-0. This resolution appears as Resolution Nos. 11444. Item #30 CONSIDERATION OF THE APPROVAL OF RESOLUTIONS APPROVING THE 2017 REVISED/2018 PROPOSED BUDGET AND TAX LEVY AND RELATED RESOLUTIONS. (S. R. NO. 233) Mayor Elliott presented Staff Report No. 233. City Manager Devich provided additional information on the City’s tax levy. Councilmember Howard commented on the drivers of the tax levy, including the largest driver being increased property values and thanked the legislators and governor for funding and increasing local government aid (LGA). Councilmember Regan Gonzalez thanked staff for their explanation. M/Elliott, S/Howard to approve the resolutions approving the 2017 Revised/2018 Proposed budget and tax levy and related resolutions. RESOLUTION NO. 11445 RESOLUTION ADOPTING A BUDGET AND TAX LEVY FOR THE YEAR 2018 This resolution appears as Resolution Nos. 11445. RESOLUTION NO. 11446 RESOLUTION AUTHORIZING BUDGET REVISIONS This resolution appears as Resolution Nos. 11446. RESOLUTION NO. 11447 RESOLUTION AUTHORIZING REVISION OF 2017 BUDGET OF VARIOUS DEPARTMENTS This resolution appears as Resolution Nos. 11447. RESOLUTION NO. 11448 Council Meeting Minutes -12- December 12, 2017 RESOLUTION AUTHORIZING ADJUSTMENT TO CITY’S MILEAGE REIMBURSEMENT RATE TO CONFORM TO INTERNAL REVENUE SERVICE STATUTORY MILEAGE REIMBURSEMENT RATE This resolution appears as Resolution Nos. 11448. RESOLUTION NO. 11449 RESOLUTION ADOPTING THE 2018 CAPITAL IMPROVEMENT BUDGET This resolution appears as Resolution Nos. 11449. RESOLUTION NO. 11450 RESOLUTION ADOPTING THE 2019-2022 CAPITAL IMPROVEMENT PROGRAM This resolution appears as Resolution Nos. 11450. RESOLUTION NO. 11451 RESOLUTION RELATING TO PURCHASING PRACTICES IN THE CITY OF RICHFIELD AMENDING RESOLUTION NO. 11308 This resolution appears as Resolution Nos. 11451. RESOLUTION NO. 11452 RESOLUTION ESTABLISHING WASTEWATER SERVICE RATES AND CHARGES, WATER RATES AND CHARGES, SPECIAL WATER SERVICE CHARGES, STORM SEWER RATES AND CHARGES, STREET LIGHT RATES AND CHARGES, AND 6.5% PENALTY ON PAST DUE ACCOUNTS This resolution appears as Resolution Nos. 11452. RESOLUTION NO. 11453 RESOLUTION ESTABLISHING A PUBLIC WORKS ON-CALL COMPENSATION POLICY This resolution appears as Resolution Nos. 11453. RESOLUTION NO. 11454 RESOLUTION ESTABLISHING 2018 LICENSE, PERMIT AND MISCELLANEOUS FEES PURSUANT TO THE PROVISIONS OF APPENDIX D OF THE ORDINANCE CODE OF THE CITY OF RICHFIELD RESCINDING RESOLUTION NO. 11311 This resolution appears as Resolution Nos. 11454. RESOLUTION NO. 11455 RESOLUTION RESTABLISHING A CAR ALLOWANCE REIMBURSEMENT POLICY This resolution appears as Resolution Nos. 11455. Council Meeting Minutes -13- December 12, 2017 RESOLUTION NO. 11456 RESOLUTION RELATING TO THE 2018 GENERAL SERVICES SALARY COMPENSATION PLAN This resolution appears as Resolution Nos. 11456. RESOLUTION NO. 11457 RESOLUTION RELATING TO THE 2018 MANAGEMENT SALARY COMPENSATION PLAN This resolution appears as Resolution Nos. 11457. RESOLUTION NO. 11458 RESOLUTION RELATING TO THE 2018 SPECIALIZED PAY PLAN This resolution appears as Resolution Nos. 11458. Motion carried 5-0. Item #31 CONSIDERATION OF THE APPROVAL AUTHORIZING A CAPITAL IMPROVEMENT TO UPGRADE THE MUNICIPAL LIQUOR STORE AT 6444 PENN AVENUE SOUTH. (S. R. NO. 234) Councilmember Trautmann presented Staff Report No. 234. Liquor Operations Director Fillmore presented a list of improvements to the store and showed renderings of the interior and exterior. M/Trautmann, S/Elliott to authorize a capital improvement and direct staff to proceed with upgrading the municipal liquor store at 6444 Penn Avenue South. Motion carried 5-0. Item #32 CONSIDERATION OF THE APPROVAL OF A RESOLUTION REGARDING ESTABLISHING A VOLUNTARY ADVANCED RESIGNATION NOTICE PILOT PROGRAM FOR REGULAR FULL-TIME LICENSED OFFICERS AND FIREFIGHTERS IN THE POLICE AND FIRE DEPARTMENTS WITH A MINIMUM OF TEN (10) YEARS OF CONTINUOUS SERVICE WITH THE CITY OF RICHFIELD. (S. R. NO. 235) Mayor Elliott presented Staff Report No. 235. City Manager Devich gave additional information on the financial reasons for the pilot program. M/Elliott, S/Garcia to approve a resolution authorizing a voluntary advanced resignation notice pilot program for regular full-time licensed officers and firefighters in the Police and Fire departments with a minimum of ten (10) years continuous service with the City of Richfield. Council Meeting Minutes -14- December 12, 2017 RESOLUTION NO. 11459 RESOLUTION AUTHORIZING A VOLUNTARY ADVANCED RESIGNATION NOTICE PILOT PROGRAM FOR REGULAR FULL-TIME LICENSED OFFICERS AND FIREFIGHTERS IN THE POLICE AND FIRE DEPARTMENTS Motion carried 5-0. This resolution appears as Resolution Nos. 11459. Item #33 CITY MANAGER’S REPORT City Manager Devich reflected on 2017 successes in Richfield and commented on the rebranding of Richfield liquor stores, upgrading the Penn Avenue store, and thanked the City Council for their work. Item #34 CLAIMS AND PAYROLLS M/Garcia, S/Elliott that the following claims and payrolls be approved: U.S. Bank 12/12/17 A/P Checks: 264010 - 264364 $ 1,377,100.66 Payroll: 132494 - 132818 ; 42787 - 42789 614,773.69 TOTAL $ 1,991,874.35 Motion carried 5-0. OPEN FORUM None. Item #35 CLOSED SESSION PURSUANT TO MINNESOTA STATUTES, SECTION 13D.05, SUBD. 3(C)(2) TO DISCUSS PROTECTED NONPUBLIC APPRAISAL DATA (CLASSIFIED PURSUANT TO MINNESOTA STATUTES, SECTION 13.44, SUBD. 3(A)) ON THE MOTEL 6 PROPERTY LOCATED AT 7636 CEDAR AVENUE SOUTH, RICHFIELD, MINNESOTA, AND A CLOSED SESSION PURSUANT TO MINNESOTA STATUTES, SECTION 13D.05, SUBD. 3(B) FOR AN ATTORNEY- CLIENT PRIVILEGED DISCUSSION OF THE INITIATION OF REAL PROPERTY/EMINENT DOMAIN ACQUISITION LEGAL PROCESSES PURSUANT TO MINNESOTA STATUTES, CHAPTER 117. The Council moved into closed executive session at 9:03 p.m. Item #36 ADJOURNMENT Council Meeting Minutes -15- December 12, 2017 The City Council returned from closed executive session and the City Council Meeting was adjourned by unanimous consent at 10:04 p.m. Date Approved: January 9, 2018 Pat Elliott Mayor Jared Voto Steven L. Devich Executive Aide/Analyst City Manager CITY COUNCIL MEETING MINUTES Richfield, Minnesota Special Joint City Council and School Board of Education (ISD No. 280) Work Session December 18, 2017 CALL TO ORDER The work session was called to order by Chair Maleck at 6:03 p.m. in the Richfield Public Schools District Office, Board Room. Council Members Pat Elliott, Mayor; Edwina Garcia; Michael Howard; and Maria Regan Present: Gonzalez. Council Members Simon Trautmann. Absent: School Board Christine Maleck; Crystal Brakke; John Ashmead; Peter Toensing; and Paula Members Present: Cole. School Board Tim Pollis and Matthew Kiflu. Members Absent: City Staff Present: Steven L. Devich, City Manager. School Staff Steven Unowsky, Superintendent; and Beth Picard, Assistant to the Present: Superintendent. Item #1 DISCUSS ITEMS OF MUTAL INTEREST Superintendent Unowsky summarized the District’s legislative platform for the 2018 session, which include: increase special education funding to reduce the special education cross subsidy; expand programs and incentives to attract, develop, and retain teachers, particularly teachers of color; reduce standardized tests to allow high schools to replace the MCA with a nationally recognized college entrance exam; and reform and stabilize the Teachers Retirement Fund through funding that avoids cuts to programs for students. Superintendent Unowsky discussed areas of ongoing partnership between the City and School including: ongoing housing communications; capital/facility improvements and communications; and community education communication and shared work. There was general discussion regarding how the City and Schools can better collaborate on communication for program. Superintendent Unowsky summarized the District’s Reimagine Richfield program effort and thanked the City for their support of the referendums. Special Council Work Session Minutes -2- December 18, 2017 ADJOURNMENT The work session was adjourned by unanimous consent at 6:55 p.m. Date Approved: January 9, 2018 _____________________________ Pat Elliott Mayor _____________________________ ____________________________ Jared Voto Steven L. Devich Executive Aide/Analyst City Manager AGENDA SECTION:CONSENT CALENDAR AGENDA ITEM #3.A. STAFF REPORT NO. 1 CIT Y COUNCIL ME E T ING 1/9/2018 RE P O RT P RE PA RE D B Y: C hris Regi s, F inance Manager D E PA RTM E NT D IRE C TOR RE V IE W: S teven L . D evich, C ity Manager 12/29/2017 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 12/29/2017 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 resolutions designating official depositories for the C ity of Richfield for 2018, including the approval of collater al. E X E C UT IV E S UM M ARY: I n compliance with Minnesota statutes, the City of Ric hfield must designate on an annual basis those financial institutions it does business with. U.S. Bank acts as the banking institution in the City ’s banking arrangement with the 4M Fund. The resolutions for the City C ounc il’s consideration will designate U.S Bank/4M Fund as a depository of City funds, and designate certain savings and loan associations, banks, c redit unions and c ertain financial institutions as depositories for the investment of City funds. RE C O M M E ND E D AC T IO N: By motion: Approve resolutions designating official depositories, with the understanding that the City could not invest in any of the depositories beyond the level of insurance coverage or the pledged collateral. B AS IS O F RE C O M M E ND AT IO N: A.H IS TOR IC AL C ON TEXT N/A B.P OL IC IE S (resolutions, ordinances, regulations, statutes, etc): I n ac cordanc e with Minnesota Statutes S ec tion 118A.01 - 118A.06, the C ity of Ric hfield must designate financ ial institutions annually. The institutions must pledge the collateral over and above the amount of federal insurance, as public depositories. U.S. Bank ac ts as the banking institution in the C ity’s banking arrangement with the 4M Fund. Monies rec eived, chec ks written by the City, flow through U.S. Bank, however, at the end of each business day, any proc eeds remaining in City U.S. Bank accounts are swept to the 4M Fund to be invested. Therefore, at the end of the business day the City ac counts are zero, which means the c ollateral requirements of Minnesota S tatutes Sec tion 118A.03 are not required. Acc ordingly, U.S. Bank has met all other statutory requirements and should be considered as a depository for the C ity’s Deputy Registrar, payroll and vendor ac counts and all savings deposits. The C ity must also designate annually, certain savings and loan associations, banks, and c redit unions as official depositories for deposit and investment of certain City funds. W ith approval of these offic ial depositories, the City will be able to deposit and invest funds in these institutions, not exceeding the federal insurance of $250,000. Finally, a designation must be made for certain financ ial institutions as depositories for the investment of City funds for 2018. These institutions, suc h as investment brokerage firms, offer government securities in the manner required by law. These financial institutions include RB C Capital Markets, W ells Fargo I nstitutional Retirement & Trust, Raymond J ames & Associates, I nc ., Northland Sec urities, Oppenheimer & C o., and the 4M Fund. C.C R IT IC AL T IMIN G ISSU E S: N/A D.F IN AN C IAL IMPAC T: N/A E.L E GAL C ON S ID E R AT ION : The C ity is required by Minnesota Statute 118A.01 - 118A.06, to designate as a depository of funds, insured banks or thrift institutions. Any c ollateral so deposited is acc ompanied by an assignment pledged to the City in the amount spec ified in the resolutions. ALT E R N AT IV E R E C O MME N D AT IO N(S): The C ity Council c ould solic it other financial institutions for official depositories, but past relationships with the depositories recommended have proven satisfac tory for the City. P R IN C IPAL PAR TIE S EXP E C T E D AT ME E T IN G: N/A AT TAC H ME N TS : D escripti on Type Resolution D esi gnating US B ank a deposi tory of funds of the C ity of Ri chfi eld for the year 2018 Resolution L etter Resolution desi gnating certain savings and loan associations, banks, and credit unions as deposi tories for the investment of C ity funds in 2018 Resolution L etter Resolution desi gnating certain financial insti tuti ons as depositori es for the investment of C ity of Richfield funds in 2018 Resolution L etter RESOLUTION NO. RESOLUTION DESIGNATING U.S. BANK A DEPOSITORY OF FUNDS OF THE CITY OF RICHFIELD FOR THE YEAR 2018 BE IT RESOLVED, by the City Council of the City of Richfield as follows: That, in accordance with Minnesota Statutes, Section 118A.01- 118A.06, U.S. Bank be, and hereby is designated a depository of the funds of the City of Richfield, subject to modification and revocation at any time by said City, and subject to the following terms and conditions: The said depository shall not be required to give bonds or other securities for such deposits provided that the total sum thereof shall not at any time exceed in any depository the sums for which its deposits are insured under the Acts of Congress of the United States relating to insurance of bank deposits; but that in case such deposits in any such depository shall at any time exceed such insured sum, said depository shall immediately furnish bonds or other security for such excess according to law, approved by the City Council of said City. That said depository shall pay on demand all deposits therein; and shall pay all time deposits, at or after the end of the period for which the same shall be deposited, on demand. BE IT FURTHER RESOLVED, that there shall be maintained a general account in which shall be deposited all monies from the water, sewer, storm sewer, liquor, swimming pool/ice arena, deputy register fees, City permits and other deposits not otherwise specifically provided for. The following officers or their facsimile signatures shall sign checks on this account; STEVEN L. DEVICH, CITY MANAGER CHRIS REGIS, FINANCE MANAGER BE IT FURTHER RESOLVED, that all funds remaining in the account at the end of each business day will be transferred from U.S. Bank to the 4M Fund where funds deposited are invested and insured. Passed by the City Council of the City of Richfield, Minnesota this 9th day of January, 2018. Pat Elliott, Mayor ATTEST: Elizabeth VanHoose, City Clerk RESOLUTION NO. RESOLUTION DESIGNATING CERTAIN SAVING AND LOAN ASSOCIATIONS, BANKS AND CREDIT UNIONS AS DEPOSITORIES FOR THE DEPOSIT AND INVESTMENT OF CITY FUNDS IN 2018 BE IT RESOLVED, by the City Council of City of Richfield, Minnesota WHEREAS, pursuant to Minnesota Statutes, Sections 118A.01 – 118A.06, municipal funds may be deposited in any Savings and Loan Association, Bank or Credit Union which has its deposits insured by the Federal Deposit Insurance Corporation (FDIC) or the National Credit Union Administration (NCUA), and WHEREAS, the amount of said deposits may not exceed the FDIC/NCUA insurance covering such deposits which insurance amount is presently $250,000, and WHEREAS, the deposit of City funds in Savings and Loan Associations and Banks would provide greater flexibility in the City’s investment program and maximize interest income thereon, and NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Richfield, Minnesota, as follows: 1. It is hereby found and determined that it is in the best interest of the proper management of City funds that various banks be designated as additional depositories for City funds for 2018. 2. It is further found and determined that the purpose of such depository designation is to facilitate the proper and advantageous deposit and investment of City funds and that such designation is not exclusive nor does it preclude the deposit of any City funds in other officially designated depositories of the City. 3. The Treasurer and Finance Manager are hereby authorized to deposit City funds in various depositories up to the amount of $250,000, or such other amount as may be subsequently permitted by law, such deposits to be in the form of demand accounts, payable to the City of Richfield on the signatures of the City Treasurer or Finance Manager. Such deposits may be made and withdrawn from time to time by the Treasurer or Finance Manager as his best judgment and the interests of the City dictates. 4. The investment of funds and the reporting thereof pursuant to this resolution shall be conducted in accordance with established policies of the City regarding the investment of City funds. Adopted by the City Council of the City of Richfield, Minnesota this 9th day of January, 2018. Pat Elliott, Mayor ATTEST: Elizabeth VanHoose, City Clerk RESOLUTION NO. RESOLUTION DESIGNATING CERTAIN FINANCIAL INSTITUTIONS AS DEPOSITORIES FOR THE INVESTMENT OF CITY OF RICHFIELD FUNDS IN 2018 WHEREAS, the City of Richfield has money which is available for investment, and WHEREAS, different financial institutions offer different rates of return on investments, and WHEREAS, the City of Richfield shall purchase U. S. Treasury Bills, U. S. Treasury Notes and other such government securities in the manner required by law from the institution offering the highest rate to the City of Richfield providing greater flexibility in the investment program and maximize interest income thereon. NOW, THEREFORE, BE IT RESOLVED, by the City of Richfield, Minnesota, in accordance with Minnesota Statutes, Sections 118A.01 – 118A.06, as follows: 1. It is hereby found and determined that it is in the best interest of the proper management of City of Richfield funds that certain financial institutions be designated as additional depositories for City of Richfield funds for 2018. 2. The following financial institutions designated as depositories for the City of Richfield funds: RBC Capital Markets . Raymond James & Assoc. Wells Fargo Institutional Retirement & Trust 4M Fund Northland Securities, Inc. Oppenheimer & Co. 3. The Treasurer and Finance Manager are hereby authorized to deposit the City of Richfield funds in any or all of the depositories herein designated. Such deposits may be made and withdrawn from time to time by the Treasurer or Finance Manager’s judgment and as the interest of the City of Richfield dictates. 4. The investment of funds and the reporting thereof pursuant to this resolution shall be conducted in accordance with established policies regarding the investment of these funds. Adopted by the City Council of the City of Richfield, Minnesota this 9th day of January, 2018. Pat Elliott, Mayor ATTEST: Elizabeth VanHoose, City Clerk AGENDA SECTION:CONSENT CALENDAR AGENDA ITEM #3.B. STAFF REPORT NO. 2 CIT Y COUNCIL ME E T ING 1/9/2018 RE P O RT P RE PA RE D B Y: C hris Regi s, F inance Manager D E PA RTM E NT D IRE C TOR RE V IE W: S teven L . D evich, C ity Manager 12/29/2017 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 12/29/2017 I T E M F O R C O UNC I L C O NS I D E RAT IO N: Consideration of the approval of a resolution authoriz ing the use of credit cards by City employees otherwise authoriz ed to make purchases on behalf of the City. E X E C UT IV E S UM M ARY: I n ac cordance with Minnesota Statutes, the C ity of Ric hfield must authorize the use of c redit c ards by any City employee authorized to make purchases on behalf of the City. I n addition, in today ’s business environment, most retail businesses, will no longer allow the City to purchase on acc ount and will only ac cept a City check or a C ity credit card. Finally, the use of a C ity credit card provides efficienc y and flexibility for employ ees to purc hase goods and services on behalf of the City. RE C O M M E ND E D AC T IO N: By motion: Approve a resolution authorizing the use of City credit cards by C ity employees otherwise authorized to make purchases on behalf of the City. 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 following are the current credit/purchasing cards in use by C ity employ ees: Four VI SA credit cards issued through the Richfield Bloomington C redit Union in the name of the City. The cardholders are the following: City Manager Community Development Director Rec reation Services D irec tor W ood Lake Nature C enter Manager The C ity participates in Purc hasing C ard program as offered through US Bank. The program is designed to make the purchasing/procurement process for low dollar valued items more efficient. The intent is to save time and paperwork by reduc ing the need for purchase orders, petty cash, chec k requests and employee reimbursements. The C ity Purc hasing card program began in 2010 on a limited basis and has expanded sinc e that time. The program will allow c ontrols to be put in plac e to limit monthly and single purchase amounts. Finally, a City Purchasing Card Policy has been established which is consistent with the City’s Purc hasing Polic y and Minnesota Statutes. US Bank Purc hasing Card P rogram. The following twenty six purchasing cards will be issued to the following: Building Services Employees (2) – two c ards. Utility D epartment Employees (1) – one card. I nformation Technology Employ ees (4) – four cards. Assistant City Manager (1) – one c ard. Finance Manager (1) – one card. City C lerk (1) – one card. Rec reation Service Employ ees (4) – four c ards. Public Safety Employ ees (6) – six c ards. Fire Employ ees (2) – two c ards. Public W orks Employ ees (3) – three c ards. Community Development Ac countant (1) – one card. B.P OL IC IE S (resolutions, ordinances, regulations, statutes, etc): I n ac cordanc e with Minnesota Statutes S ec tion 471.382, the City of Richfield must authorize the use of credit cards by any City employee otherwise authorized to make a purchase on behalf of the C ity. Further, if a C ity employ ee makes or directs a purchase by credit c ard that is not approved by the City C ounc il, the employ ee could be personally liable for the amount of the purc hase. A purchase by credit card must otherwise comply with all statutes, rules, and C ity polic ies applicable to City purc hases. Finally, the City ’s auditors recommend that the City authorize the use of c redit c ards by City employ ees on an annual basis. C.C R IT IC AL T IMIN G ISSU E S: N/A D.F IN AN C IAL IMPAC T: The holders of City c redit c ards are responsible for reviewing and approving all purchases entered into with the c redit c ard. E.L E GAL C ON S ID E R AT ION : The C ity is required by Minnesota Statute 471.382 to authorize the use of c redit c ards by City employ ees otherwise authorized to make purc hases on behalf of the C ity. ALT E R N AT IV E R E C O MME N D AT IO N(S): The C ity Council c ould dec ide to not authorize the use of credit cards by City employees. However, most retail businesses in today’s environment will no longer allow the C ity to purchase on ac count and will only acc ept a C ity chec k or a City c redit c ard. The use of City credit c ards by employ ees provides efficiency and flexibility for employees to purchase goods and services on behalf of the City. P R IN C IPAL PAR TIE S EXP E C T E D AT ME E T IN G: N/A AT TAC H ME N TS : D escripti on Type Resolution Resolution L etter RESOLUTION NO. RESOLUTION AUTHORIZING THE USE OF CREDIT CARDS BY CITY EMPLOYEES OTHERWISE AUTHORIZED TO MAKE PURCHASES ON BEHALF OF THE CITY OF RICHFIELD FOR THE YEAR 2018 BE IT RESOLVED, by the City Council of the City of Richfield as follows: That, in accordance with Minnesota Statutes, Section 471.382, the City Council of the City of Richfield may authorize the use of a credit card by City employees otherwise authorized to make a purchase on behalf of the City. The authorization is subject to modification and revocation at any time by said City Council, of the City of Richfield, and subject to the following terms and conditions: If a City employee makes or directs a purchase by credit card that is not approved by the City Council, the employee can be personally liable for the amount of purchase. The purchases by credit card must comply with all statutes, rules and City of Richfield policies applicable to City purchases. BE IT FURTHER RESOLVED, that designated City staff is hereby authorized to use the following City credit cards to make purchases on behalf of the City of Richfield: • Four VISA credit cards issued through the Richfield Bloomington Credit Union in the name of the City. The cardholders are the following: • City Manager • Community Development Director • Recreation Services Director • Wood Lake Nature Center Manager • Twenty six U.S. Bank Purchasing cards. The cardholders will be the following: • Building Services Employees (2) – two cards. • Utility Department Employees (1) – one card. • Information Technology Employees (4) – four cards. • Assistant City Manager (1) – one card. • Finance Manager (1) – one card. • City Clerk (1) – one card • Recreation Services Employees (4) – four cards. • Public Safety Employees (6) – six cards. • Fire Employees (2) – two cards. • Public Works Employees (3) – three cards. • Community Development Accountant (1) – one card. Passed by the City Council of the City of Richfield, Minnesota this 9th day of January, 2018. Pat Elliott, Mayor ATTEST: Elizabeth VanHoose, City Clerk AGENDA SECTION:CONSENT CALENDAR AGENDA ITEM #3.C. STAFF REPORT NO. 3 CIT Y COUNCIL ME E T ING 1/9/2018 RE P O RT P RE PA RE D B Y: J ared Voto, E xecutive A ide/A nalyst D E PA RTM E NT D IRE C TOR RE V IE W: S teven L . D evich, C ity Manager 1/3/2018 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 1/3/2018 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 designating an official newspaper for 2018. E X E C UT IV E S UM M ARY: Sec tion 13.01 of the Charter of the City of Richfield requires the City Counc il annually designate an official newspaper for the C ity. The Richfield Sun-Current has served as the official paper for the City for many y ears and has proven to be a reliable and professional public ation that is delivered to nearly all residences in the City. The Richfield Sun- Current has expressed an interest in continuing to serve as the offic ial newspaper of the City. RE C O M M E ND E D AC T IO N: By motion: Approve a resolution designating the R ichfield Sun-Current as the official newspaper for the City of Richfield for 2018. B AS IS O F RE C O M M E ND AT IO N: A.H IS TOR IC AL C ON TEXT This information is c ontained in the Exec utive Summary. B.P OL IC IE S (resolutions, ordinances, regulations, statutes, etc): This information is c ontained in the Exec utive Summary. C.C R IT IC AL T IMIN G ISSU E S: The C ity Council ty pic ally c onsiders the designation of an official newspaper at the first meeting in J anuary of eac h year. D.F IN AN C IAL IMPAC T: The 2018 pric e quote from the Sun-C urrent for the publication of legal notic es is reasonable and less than the cost of publishing in the S tar Tribune. E.L E GAL C ON S ID E R AT ION : A newspaper must be designated eac h year by the City for public ation of all official and legal City business. ALT E R N AT IV E R E C O MME N D AT IO N(S): The C ity Council may c hoose to postpone designation of an official newspaper to a future meeting and request the City C lerk’s office to gather quotes from other newspapers. P R IN C IPAL PAR TIE S EXP E C T E D AT ME E T IN G: None AT TAC H ME N TS : D escripti on Type Resolution Resolution L etter 2018 S un C urrent Quote B ackup Materi al 2018 S tar Tri bune Quote B ackup Materi al xxx RESOLUTION NO. RESOLUTION DESIGNATING AN OFFICIAL NEWSPAPER FOR 2018 WHEREAS, the Charter of the City of Richfield requires in Section 13.01 thereof that the City Council annually designate an official newspaper for the City. NOW, THEREFORE, BE IT RESOLVED that the Richfield Sun-Current is designated the official legal newspaper for the City of Richfield for 2018 for all publications required to be published therein. Adopted by the City Council of the City of Richfield, Minnesota this 9th day of January, 2018. Pat Elliott, Mayor ATTEST: Elizabeth VanHoose, City Clerk 1 Jared Voto From:Weicker, Daniel <Daniel.Weicker@startribune.com> Sent:Tuesday, January 02, 2018 4:00 PM To:Jared Voto Subject:RE: 2018 Price Quote for Legal Notices Hi Jared, Sorry for the delay in our response. 1.Starting January 1 of next year -what is your rate per line?$1.31 2.How many lines per inch?11.5 lines 3.How many approximate characters per line, including spaces and punctuation?It varies but around 30-35 4.What is the column width?1.63” Thanks and please let me know if you have any other questions, Daniel DANIEL WEICKER | ACCOUNT EXECUTIVE | STAR TRIBUNE o 612-673-4231 | c 612-499-4197 |Daniel.weicker@startribune.com 650 3rd Ave S | Minneapolis, MN | 55488 From:Jared Voto [mailto:JVoto@richfieldmn.gov] Sent:Thursday, December 21, 2017 11:14 AM To:Place Ads <placeads@startribune.com> Subject:2018 Price Quote for Legal Notices Good morning, I have some questions regarding publishing of legal notices for the 2018 calendar year. 5.Starting January 1 of next year -what is your rate per line? 6.How many lines per inch? 7.How many approximate characters per line, including spaces and punctuation? 8.What is the column width? I appreciate your assistance with this. 2 Thanks, Jared <image001.png> Jared Voto |Executive Aide/Analyst City of Richfield Tel: (612) 861 -9701 jvoto@RichfieldMN.gov …A great place to thrive <image002.png><image003.png><image004.png> ***Please update your contacts with my new email address*** AGENDA SECTION:CONSENT CALENDAR AGENDA ITEM #3.D. STAFF REPORT NO. 4 CIT Y COUNCIL ME E T ING 1/9/2018 RE P O RT P RE PA RE D B Y: J ared Voto, E xecutive A ide/A nalyst D E PA RTM E NT D IRE C TOR RE V IE W: S teven L . D evich, C ity Manager 12/29/2017 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 12/29/2017 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 designation of an Acting City Manager for 2018. E X E C UT IV E S UM M ARY: I t is necessary to designate a person to serve as the Ac ting C ity Manager for those times when the City Manager is absent from the City. I n 2017, the C ity Manager designated the Assistant City Manager or an available Department Director as Acting City Manager. RE C O M M E ND E D AC T IO N: By motion: D irect the City Manager to designate the Assistant City Manager or an available Department D irector as Acting City Manager for 2018 in the event the City Manager is absent from the City. B AS IS O F RE C O M M E ND AT IO N: A.H IS TOR IC AL C ON TEXT This information is c ontained in the Exec utive Summary. B.P OL IC IE S (resolutions, ordinances, regulations, statutes, etc): Past practic e has been for the City Council to designate an Acting C ity Manager for times when the C ity Manager is absent from the City. This designation should be made at the first meeting in J anuary of each y ear. C.C R IT IC AL T IMIN G ISSU E S: I t is necessary to designate a person to serve as Ac ting City Manager to ensure continuation of City operations during an absence of the City Manager. D.F IN AN C IAL IMPAC T: None E.L E GAL C ON S ID E R AT ION : None ALT E R N AT IV E R E C O MME N D AT IO N(S): The C ity Council may defer this designation to a future City Council meeting. P R IN C IPAL PAR TIE S EXP E C T E D AT ME E T IN G: N/A AGENDA SECTION:CONSENT CALENDAR AGENDA ITEM #3.E. STAFF REPORT NO. 5 CIT Y COUNCIL ME E T ING 1/9/2018 RE P O RT P RE PA RE D B Y: J esse S wenson, A ssistant H R Manager D E PA RTM E NT D IRE C TOR RE V IE W: S teven L . D evich, C ity Manager 1/3/2018 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 1/3/2018 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 approving the Public Purpose E xpenditure Policy for fiscal year 2018. E X E C UT IV E S UM M ARY: The City's Public Purpose Expenditure Policy establishes a c lear set of guidelines to assist elec ted officials, employ ees and representatives of the City when approving the expenditure of public funds. A periodic review and consideration of this policy ensures that the C ity's expenditures have been c arefully considered and determined by the governing body to be for a public purpose. Staff is recommending policy c hanges during this review and approval process. The policy c hange identifies that designated funds may be allocated to each C ity department related to purc hasing C ity staff Richfield-logo apparel. RE C O M M E ND E D AC T IO N: By motion: Adopt a resolution approving the City's Public Purpose Expenditure Policy for fiscal year 2018. B AS IS O F RE C O M M E ND AT IO N: A.H IS TOR IC AL C ON TEXT I n J uly 2003, the Ric hfield City Council adopted a Public Purpose Expenditure Polic y, which defines when, and for what purposes, public funds may be spent. I n J anuary 2016, the City Council adopted an updated version of this polic y. The revision proposed for 2018, would allow for the expenditure of funds for City logo apparel in order to provide customers and residents with easier recognition of staff and to help promote the City 's brand. B.P OL IC IE S (resolutions, ordinances, regulations, statutes, etc): Periodic review and approval of the policy ensures the fullest complianc e with all applic able provisions of law in making public expenditures. C.C R IT IC AL T IMIN G ISSU E S: The policy should be considered in c onjunc tion with the City's new fisc al y ear. D.F IN AN C IAL IMPAC T: The revision to the policy would allow for the expenditure of approximately $60 per employee for City logo apparel, as the need is determined, by the Department Director. E.L E GAL C ON S ID E R AT ION : The Public Purpose Expenditure P olicy ensures complianc e with all applicable laws governing the expenditure of public funds. ALT E R N AT IV E R E C O MME N D AT IO N(S): Adopt a modified policy. Defer c onsideration of this matter to a future meeting. P R IN C IPAL PAR TIE S EXP E C T E D AT ME E T IN G: None AT TAC H ME N TS : D escripti on Type Resolution Resolution L etter P ublic P urpose P olicy B ackup Materi al RESOLUTION NO. _____ RESOLUTION APPROVING THE PUBLIC PURPOSE EXPENDITURES POLICY FOR FISCAL YEAR 2018 WHEREAS, the City Council finds it necessary to review and approve a policy to clearly determine the public purpose for expenditures; and WHEREAS, the City Council has determined that in order to attract, recruit, retain and motivate employees and community volunteers, the City wishes to recognize hard work and service through other than monetary payment; and WHEREAS, the City Council has further determined certain expenditures for typical business costs are necessary for the effective delivery of public service; and WHEREAS, the City Council has reviewed and discussed the Public Purpose Expenditures Policy. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Richfield approves the “Public Purpose Expenditures Policy,” for fiscal year 2018. Adopted by the City Council of the City of Richfield, Minnesota this 9th day of January 2018. _________________________________ Pat Elliott, Mayor ATTEST: _________________________ Elizabeth VanHoose, City Clerk PUBLIC PURPOSE EXPENDITURE CITY OF RICHFIELD CITY POLICY DATE: January 1, 2018 SUBJECT: Public Purpose Expenditures Background Pursuant to provisions of the Richfield City Charter and the statutes and laws of the State of Minnesota, which permit and require the expenditure of public funds for public purposes, the City of Richfield believes it necessary and appropriate to provide assistance and guidance to the officials, employees and representatives of Richfield to aid in the determination of when public funds may be spent for a public purpose. Definition A public purpose expenditure is one which relates to the purpose for which the City of Richfield exists and the duties and responsibilities of Richfield, its elected and appointed officials, employees and other representatives. Public Purpose Guidelines A. Training and development programs for Richfield employees serve a public purpose when those training and development programs are directly related to the performance of the employees' job- related duties and are directly related to the programs/services for which the City is responsible. B. Payment of employee work-related expenses, including travel, lodging and meal expenses, serves a public purpose when those expenses are necessarily incurred by Richfield employees in connection with their actual work assignments or official duties and those expenses are directly related to the performance of the governmental functions for which Richfield has responsibility. C. Appropriate safety and health programs for Richfield employees serve a public purpose because they result in healthier and more productive employees and reduce certain costs to the City and the taxpayers of Richfield, including various costs associated with workers’ compensation and disability benefit claims, insurance premiums and lost time from employee absences. D. Public expenditures for appropriate Richfield employee and volunteer recognition programs serve a public purpose because formally recognizing employees and volunteers who make significant contributions and demonstrate their commitment during the performance of their duties result in higher morale and productivity among all Richfield employees and volunteers, and therefore help the City to fulfill its responsibilities efficiently and more cost effectively. E. Public expenditures for food and refreshments associated with official Richfield City functions serve a public purpose when the provision of food or refreshments is an integral part of the function and is deemed necessary to ensure meaningful participation by the participants. F. Public expenditures for appropriate community and customer outreach and similar activities serve a public purpose when those expenditures are necessary for Richfield to ensure the efficient operation of its programs/services, promote the availability and use of City resources, and promote coordinated, cooperative planning activities among and between the public and the private sectors. Specific Programs and Expenditures Every City of Richfield expenditure must be valid based upon the public purpose for which it is purchased. The following items are deemed to meet the Council definition of public purpose expenditures. PUBLIC PURPOSE EXPENDITURE PAGE 2 A. Employee Recognition and Engagement Programs The Richfield City Council recognizes the hard work and service performed by the employees of the City through a formal Employee Recognition Program. The City Council believes the benefits of attracting, retaining and motivating employees through an Employee Recognition Program support employee job satisfaction, which in turn impacts cooperation and productivity. The result is to provide excellent public and customer service to better serve the interests of the citizens of the community. The Employee Recognition Program is considered "additional compensation" for work performed by employees but is entirely dependent on receiving funding from year-to-year. No provisions of this policy, or its administration, shall be subject to review under the grievance or arbitration provisions of any collective bargaining agreement. The Program may include: 1. City employees completing 5, 10, 15, 20, 25, 30, and 35 years of service may receive a service award not to exceed $150 in value, as determined by the City Manager. 2. Annually, the City may have an annual budget allotted to the City staff’s Employee Recognition & Engagement Team. 3. Annually, the City may sponsor a Volunteer Recognition event to promote teamwork and coordination among the City Council, Department Directors, Commission/Committees, and employees. This event and/or a token gift for invited participants and their guests also serve as de minimus compensation for the service provided by the volunteers. 4. Annually, the City may sponsor a Holiday Party for City employees. In lieu of a Holiday Party, the City may sponsor an annual employee event, such as Rootbeer Float Day. 5. The City supports other events that are planned and paid for by employees. Examples of such events include holiday gatherings, golf and/or bowling tournaments. 6. The City supports recognition clocks and up to $65 for a cake in recognition of long-time service or retirement for employees, volunteers and elected officials. 7. Annually, at the end of each calendar year, each Department may receive designated funds related to participating in and promoting safety practices in their respective Departments. Each Department may use such funds to sponsor an employee event recognizing their employees’ safety accomplishments. The cost of the elements of the Employee Recognition Program will be included in the City of Richfield Annual Budget. This item will be approved annually by the City Council as a part of the overall budget approval process which includes a public hearing on the proposed budget. B. Employee Wellness and Safety Programs The City Council recognizes the importance of employee fitness and health as it relates to the overall work and life satisfaction of the employee and the overall impact on the City's health insurance program. As such, the City Council supports an Employee Wellness Program, which has been designed to educate employees on fitness/health issues. The Employee Wellness Program is considered "additional compensation" for work performed by employees, but is entirely dependent on receiving funding from year-to-year. No provisions of this policy, or its administration, shall be subject to review under the grievance or arbitration provisions of any collective bargaining agreement. PUBLIC PURPOSE EXPENDITURE PAGE 3 The cost of an Employee Wellness Program will be included in the City of Richfield Annual Budget. This item will be approved annually by the City Council as a part of the overall budget approval process which includes a public hearing on the proposed budget. The Employee Safety Program is funded by the Self-Insurance Fund. The City supports programs created by the Human Resources Division and the Safety Committee to promote and maintain a safe work environment. Safety incentive programs such as Richfield Safety Pays, which provide the opportunity for cash prizes for accident/injury-free work days, is an example of such programs. Such safety incentives shall be included in the City of Richfield Annual Budget. C. Meeting Food/Meals The City Council recognizes that situations in which City business needs to be discussed can and do occur during meal hours (i.e. luncheon meetings). In addition, there are public and employee meetings and events in which reasonable refreshments may be necessary to create a more productive environment and to be responsive to participants’ time schedules. The following items are deemed to meet the Council definition of public purpose expenditures in regards to food and meals. 1. Meals and refreshments are allowed at City meetings and events that have a purpose of discussing City issues. These meetings would normally have a pre-planned agenda. 2. Meals and refreshments are allowed at employee meetings and events that have a purpose of discussing City issues or are a part of employee training. These meetings would also normally have a pre-planned agenda. These meetings could include new employee receptions to introduce new employees to existing employees, provide an orientation to the City, and promote teamwork and cooperation. This does not include routine staff meetings. 3. Meals and refreshments are allowed when they are part of a breakfast/lunch/dinner meeting for official City business when it is the only practical time to meet. Usually these meals involve meeting with City Council members, Committee/Commission members, business or civic organizations. Payment for fees relating to a special event, such as a Chamber of Commerce event, may also be allowed when approved by the City Manager and when attendance is deemed to meet the public purpose guidelines for community or customer outreach and marketing of the City. 4. Meals and refreshments may be provided during official meetings of the City Council, City Council committees, advisory boards/commissions, and taskforces that have purpose of discussing City business. These meetings would normally have a pre-planned agenda. 5. Travel expenses for employees as outlined in the Richfield Travel Reimbursement Policy. 6. Meals and refreshments are allowed where employees or volunteers are participating in a City-sponsored special event, participating in an outside event as an official representative of the City, or working additional hours and where the Department Director deems appropriate as recognition of efforts above those normally required. Because emergency personnel are often called to perform for extended periods of time and duties where refreshments are important to duty performance, emergency response personnel may be provided refreshments or food when it is deemed appropriate by the City Manager or Department Director to assure the delivery of quality emergency response service. 7. No purchase of alcoholic beverages is allowed at any time. The cost of these meals or fees is included in the departments' travel/conferences line-item in the City of Richfield Annual Budget. These items are approved annually by the City Council as a part of the overall budget approval process which includes a public hearing on the proposed budget. PUBLIC PURPOSE EXPENDITURE PAGE 4 D. Membership, Dues, and Donations The City Council has determined that the City will fund memberships and dues (individual or organization) in professional organizations and City social and community organizations when the purpose is to promote, advertise, improve or develop the City's resources and relationships and not personal interest or gain. The cost of memberships/dues is included in the departments' dues and subscriptions line-item in the City of Richfield Annual Budget. These items are approved annually by the City Council as a part of the overall budget approval process which includes a public hearing on the proposed budget. All donations must be approved by the City Council during the annual budget process and/or by City resolution. Donations provided by the City must be for programs that serve our citizens and are deemed to meet the public purpose guidelines. E. Education Reimbursement The Personnel Policy contains guidelines for a Richfield Employee Education Program (REEP). Job related advanced education meets the public purpose guidelines of this policy. The amount available for this program shall be considered annually. The cost of this program is contained in the City of Richfield Annual Budget. F. Clothing and Other Sundry Items Employees may receive T-shirts, and other sundry items of nominal value ($20.00) when these items are made available to the general public or if these items are determined by the City Manager to be important to the successful involvement of employees in special City-sponsored or City-supported events (i.e. Nite to Unite, etc.). The cost of these items for City-sponsored or City-supported events shall be contained in the City of Richfield Annual Budget. Employees may be supplied with uniforms, clothing, boots and other gear necessary for the performance of their job. For purposes of City branding and easy identification of employees to customers and members of the public, staff will be provided with one apparel item with the City logo. This clothing item (fleece zip, cardigan or polo shirt with approximate value of $60) will be issued to new employees and to current employees at the discretion of their respective Department Directors. Conclusion The Richfield City Council has determined that the above expenditures are valid and serve a public purpose. Approved: /s/ Steven L. Devich ____________________________________ City Manager AGENDA SECTION:CONSENT CALENDAR AGENDA ITEM #3.F. STAFF REPORT NO. 6 CIT Y COUNCIL ME E T ING 1/9/2018 RE P O RT P RE PA RE D B Y: J esse S wenson, A sst. HR Manager D E PA RTM E NT D IRE C TOR RE V IE W: S teven L . D evich, C ity Manager 12/29/2017 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 12/29/2017 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 approving the contract with the International Association of Firefighters Local 1215 for the contract period January 1, 2018 through December 31, 2019 and authorize the City Manager to execute the agr eement. E X E C UT IV E S UM M ARY: City staff has c ompleted labor negotiations with the I nternational Assoc iation of Firefighters Local 1215 (Union). The provisions of the two-y ear contract cover all twenty-five employees represented in this unit. The tentative settlement provides a wage adjustment of 3.00%, effec tive the first full pay period of J anuary 2018, and a wage adjustment of 3.00%, effec tive the first full pay period of J anuary 2019. The other provisions of the tentative agreement include: Up to a $75 per month increase to the Employ er health insurance contribution in 2018. A $0.25 per month increase to the Employ er contribution for single dental insuranc e coverage in 2018. Agreement to ac cept the same level of c ontributions that Management and General Servic es employees will be receiving in 2019 for health and dental insurance coverage. A $15 per year inc rease to clothing and equipment allowanc e in 2019. Providing acting captain pay of 115% of the top firefighter wages when acc epting the duties and responsibilities as c aptain for their currently assigned shift. Starting in 2018, suc h pay will now commenc e the first hour of suc h assignment. A language change to the Limited Response Time Residenc y Requirement to matc h the 2016 Laws of Minnesota, Chapter 146. RE C O M M E ND E D AC T IO N: By motion: Adopt a resolution approving the provisions of the 2018-2019 labor agreement with the International Association of Firefighters Local 1215 bargaining unit and authoriz e the City Manager to execute the agreement. B AS IS O F RE C O M M E ND AT IO N: A.H IS TOR IC AL C ON TEXT The tentatively approved two-y ear contract settlement includes the following significant changes: W ages: A three perc ent wage adjustment in 2018 and a three perc ent wage adjustment in 2019. Health I nsuranc e: Up to a $75 increase to the Employ er health insuranc e contribution, which provides up to a maximum contribution of $826.00 per month for single Employ ee c overage, $1,195 per month for Employee plus spouse or Employee plus child(ren) coverage and $1,290 per month for Employ ee plus family coverage. Dental I nsurance: A $0.25 per month inc rease to the Employer contribution for Employee single dental insurance c overage at $59.50 per month. Clothing and Equipment: A $15 increase to the clothing and equipment allowanc e in 2019. Acting Captain Pay : Any employee who is required by the Employer to acc ept the duties and responsibilities of the higher classification as C aptain shall receive c ompensation at 115% of the top firefighter wage. This c ompensation shall only be effec tive when an employ ee is working on their c urrently assigned shift and will commence the first hour of suc h assignment. B.P OL IC IE S (resolutions, ordinances, regulations, statutes, etc): The C ity has met and negotiated in good faith with the Union and its representatives and is bound under the Public Employ er ’s Labor Relations Ac t to meet and bargain over the terms and conditions of employ ment. The proposed settlement for the health and dental insurance provisions is identical to those provided to non-union City employees. The C ity has a long history of providing the same level of insurance benefits to all eligible City employ ees. The 2018 three percent (effective the first full pay period in 2018) wage increase represents the same wage adjustment implemented for non-union C ity employees. One other City union has settled for 2018. The 2019 three percent (effective the first full pay period in 2019) wage increase is the first negotiated wage adjustment for all employee groups. This salary adjustment settlement is within the range of comparable metro c ities. The wage settlement and health insurance provision is well within the range for other c omparable bargaining groups in similar metro cities. C.C R IT IC AL T IMIN G ISSU E S: I n order to allow the City’s accounting personnel to modify payroll rec ords in a timely manner for 2018 wages and benefits, it is recommended that the City Council ac t on J anuary 9, 2018 to adopt the attached resolution providing for c ontrac t c hanges, effective J anuary 1, 2018. D.F IN AN C IAL IMPAC T: Three percent (3.00%) wage increase, effec tive the first full pay period of 2018, for c ontract year 2018. Three percent (3.00%) wage increase, effec tive the first full pay period of 2019, for c ontract year 2019. A $0.25 per month inc rease in Employ er monthly c ontribution towards employee single dental insurance in 2018. Up to a $75 per month inc rease in Employ er monthly c ontribution towards health insuranc e coverage in 2018. A $15 per y ear increase to the clothing and equipment allowance in 2019. Acting Captain Pay, at 115% of top firefighter wage, c ommencing at the beginning of the first hour of such assignment for an estimated c ost of $2,000 per year. E.L E GAL C ON S ID E R AT ION : I f the terms of this agreement are not approved, further negotiation and/or mediation will be necessary. ALT E R N AT IV E R E C O MME N D AT IO N(S): Do not approve the terms of this agreement and prepare for further negotiation and/or mediation. Defer discussion to another date. P R IN C IPAL PAR TIE S EXP E C T E D AT ME E T IN G: None AT TAC H ME N TS : D escripti on Type Resolution Resolution L etter RESOLUTION NO. RESOLUTION APPROVING LABOR AGREEMENT BETWEEN THE CITY OF RICHFIELD AND THE INTERNATIONAL ASSOCIATION OF FIREFIGHTERS (IAFF), LOCAL 1215 BARGAINING UNIT FOR THE YEAR 2018 AND 2019 WHEREAS, the City Manager and the Richfield Firefighters IAFF Local 1215 have reached an understanding concerning conditions of employment for year 2018 and 2019; and WHEREAS, it would be inappropriate to penalize IAFF Local 1215 members who have negotiated in good faith; and WHEREAS, the City Ordinance requires that contracts between the City and the exclusive representative of the employees in an appropriate bargaining unit shall be completed by Council resolution. NOW, THEREFORE, BE IT RESOLVED, that the City Council does hereby approve the Labor Agreement between the City of Richfield and IAFF Local 1215 Bargaining Unit for 2018 and 2019, under the provisions of the Labor Agreement to be implemented, effective January 1, 2018 and authorize the City Manager to execute the contract. Adopted by the City Council of the City of Richfield, Minnesota this 9th day of January, 2018. _______________________________ Pat Elliott, Mayor ATTEST: ______________________________ Elizabeth VanHoose, City Clerk AGENDA SECTION:CONSENT CALENDAR AGENDA ITEM #3.G. STAFF REPORT NO. 7 CIT Y COUNCIL ME E T ING 1/9/2018 RE P O RT P RE PA RE D B Y: J enni fer A nderson, S upport S ervices Manager D E PA RTM E NT D IRE C TOR RE V IE W: J ay Henthorne, D irector of P ublic S afety/C hi ef of P olice 1/2/2018 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 1/3/2018 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 for a Temporary On-Sale Intoxicating Liquor license for the Blessed Trinity Catholic S chool, located at Church of S t. Richard, 7540 Penn Avenue S outh, for their 2018 Sno*ball Dance taking place February 3, 2018. E X E C UT IV E S UM M ARY: On Dec ember 15, 2017, the C ity rec eived application materials for a Temporary On-Sale I ntoxic ating Liquor lic ense for the Blessed Trinity Catholic School, loc ated at Churc h of St. Richard, 7540 Penn Avenue South, for their 2018 Sno*ball D ance taking plac e February 3, 2018. They will serve intoxicating liquor, wine and 3.2 percent malt liquor from 6:00 p.m. to 10:00 p.m. on Saturday, February 3, 2018, only. They will serve tacos, snacks, and desserts for dinner. The Blessed Trinity C atholic School has c ontacted food sanitarians from the C ity of Bloomington to ensure proper food handling prac tices are followed. The Director of P ublic Safety has reviewed all required information and documents and has found no basis for denial. The City Counc il has previously granted this lic ense in conjunction with this event. RE C O M M E ND E D AC T IO N: By motion: Approve the issuance of a Tempor ar y O n-Sale Intoxicating Liquor license for the Blessed Trinity Catholic S chool, located at Church of S t. Richard, 7540 Penn Avenue S outh for their 2018 Sno*ball Dance taking place February 3, 2018. B AS IS O F RE C O M M E ND AT IO N: A.H IS TOR IC AL C ON TEXT The applic ant has satisfied the following requirements for the issuance of this lic ense: The required licensing fee has been paid. P roof of liquor liability insuranc e has been provided showing the C atholic Mutual Relief S oc iety of Americ a affording the coverage. B.P OL IC IE S (resolutions, ordinances, regulations, statutes, etc): Richfield C ity Code Section 1202.05 requires all applicants to comply with all of the provisions of this code, as well as the provisions of Minnesota Statute Chapter 340A . C.C R IT IC AL T IMIN G ISSU E S: There are no critic al timing issues. D.F IN AN C IAL IMPAC T: The required licensing fees have been received. E.L E GAL C ON S ID E R AT ION : There are no legal considerations. ALT E R N AT IV E R E C O MME N D AT IO N(S): The C ounc il could decide to deny the approval of the Temporary On- S ale I ntoxic ating Liquor license for the B lessed Trinity C atholic School. This would mean the applicant would not be able to serve intoxic ated alcohol, wine or 3.2 percent malt liquor; however, Public Safety has not found any basis for denial. P R IN C IPAL PAR TIE S EXP E C T E D AT ME E T IN G: Blessed Trinity C atholic staff has been notified of the date of this meeting. AGENDA SECTION:CONSENT CALENDAR AGENDA ITEM #3.H. STAFF REPORT NO. 8 CIT Y COUNCIL ME E T ING 1/9/2018 RE P O RT P RE PA RE D B Y: J ay Henthorne, P ublic S afety D irector/C hief of P olice D E PA RTM E NT D IRE C TOR RE V IE W: J ay Henthorne, P ublic S afety D irector/C hief of P olice 1/2/2018 O TH E R D E PA RTM E NT RE V IE W: Mary Ti etjen, C ity A ttorney C ITY M A NA G E R RE V IE W: S teven L . D evich, C ity Manager 1/3/2018 I T E M F O R C O UNC I L C O NS I D E RAT IO N: Consideration of the approval of an Intergovermental Cooperative Agreement regarding Public Safety in Bloomington, Minnesota, related to the 2018 National Football League Super Bowl. E X E C UT IV E S UM M ARY: The City of Bloomington has several events oc curring before, during, and after the 2018 National Football League Super Bowl. This I ntergovernmental Agreement is for the Ric hfield Polic e Department to provide law enforcement officers to the City of Bloomington to assist with the Super Bowl and related events oc curring between J anuary 26 and February 5, 2018. RE C O M M E ND E D AC T IO N: By motion: Approve the Intergovernmental Cooperative Agreement regar ding public safety related to 2018 National Football League Super Bowl security. 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 Public Safety /Polic e Department wishes to c ontrac t with the City of Bloomington regarding public safety related to 2018 National Football League Super Bowl sec urity. This event is a high sec urity event for the C ountry, State, and metro area. The City of Bloomington needs assistance with the security of various venues. B.P OL IC IE S (resolutions, ordinances, regulations, statutes, etc): Under I ntergovernmental Cooperative agreement the City of Bloomington has requested officers from the C ity of Ric hfield to participate in the Super Bowl 52 security detail. C.C R IT IC AL T IMIN G ISSU E S: There are no critic al timing issues. D.F IN AN C IAL IMPAC T: The sole sourc e of funds to reimburse eac h Provider preforming under this Agreement shall be funds provided to the Bloomington Polic e Department by private entities requesting public safety and sec urity at their facilities during the Event. The sending c ity remains responsible for all other insuranc es for its officers, inc luding workers compensation and any liability claims. E.L E GAL C ON S ID E R AT ION : Mary Tietjen, City Attorney, has reviewed the I ntergovernmental C ooperative Agreement. ALT E R N AT IV E R E C O MME N D AT IO N(S): 1. The C ounc il could decide to deny the approval of the I ntergovernmental C ooperative Agreement, therefore the Police D epartment would not partic ipate in the security detail for the Super Bowl. 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 Intergovernmental C ooperative A greement C ontract/A greement 1 INTERGOVERNMENTAL COOPERATIVE AGREEMENT REGARDING PUBLIC SAFETY IN BLOOMINGTON, MINNESOTA, RELATED TO THE 2018 NATIONAL FOOTBALL LEAGUE SUPER BOWL THIS INTERGOVERNMENTAL COOPERATIVE AGREEMENT REGARDING PUBLIC SAFETY IN BLOOMINGTON, MINNESOTA, RELATED TO THE 2018 NATIONAL FOOTBALL LEAGUE SUPER BOWL (hereinafter referred to as the “Agreement”), is made effective, except as otherwise made operationally effective as set forth in Section 5 herein, on this 9th day of January, 2018, by and between the CITY OF BLOOMINGTON, a home rule charter city and a Minnesota municipal corporation (“City”) acting through its Police Department (“BPD”) and the CITY OF RICHFIELD, a Minnesota municipal corporation acting through its Police Department (“Provider”). City, BPD, and each Provider may be referred to individually as a “Party” or collectively as the “Parties” to this Agreement. WHEREAS, the City is the location of several events occurring before, during, and after the 2018 National Football League Super Bowl from Friday, January 26, 2018, through Monday, February 5, 2018 (“Event”); and WHEREAS, a Unified Command structure (as that term is defined in Section 2.4) is needed to ensure the level of security coordination required for the Event; and WHEREAS, the BPD will be the lead law enforcement agency for the Event in the City of Bloomington. When BPD is the lead law enforcement agency its duties will include making staff assignments and to administer and manage the Unified Command; and WHEREAS, the City has agreed to serve as the fiscal agent for law enforcement costs for the Event by entering into this Agreement with the “Provider”; and WHEREAS, the City is in need of procuring additional extra duty and contract overtime law enforcement personnel to provide the public safety measures required for such a large and unique Event; and WHEREAS, at the request of the City, the Provider is willing to provide the services of the law enforcement personnel identified in this Agreement to the City to assist the BPD with public safety services during the Event. NOW, THEREFORE, pursuant to the authority contained in Minnesota Statutes Section 471.59 (“Joint Exercise of Powers”) or Minnesota Statutes Sections 626.76 and 626.77, or both or all, and in consideration of the mutual covenants herein contained and the benefits that each party hereto shall derive hereby, the Parties agree as follows: 2 1. PURPOSE OF THE AGREEMENT 1.1 The purpose of this Agreement is to set forth the terms and conditions whereby the Provider will provide the City with Licensed Peace Officers to be assigned to one or more of the Event locations identified on Exhibit A attached hereto to assist the BPD through the use of a unified command center (as defined in Section 2.4) to provide law enforcement and security services (“Services”) during the term of the Event. 1.2 Provider will exercise its best efforts to assist with Event security. The Parties acknowledge and agree that resource availability requires Provider to exercise its best judgment in prioritizing and responding to the public safety needs of its jurisdiction including, but not limited to, the Event. That prioritization decision belongs solely to Provider. The Provider may, at any time, recall the Provider’s resources when, it is considered to be in Provider’s best interest to do so. 1.3 Provider’s resources shall be full-time, Licensed Peace Officers and each such Licensed Peace Officer must meet the following criteria as defined in Minnesota Statutes Sections 626.84, Subdivision 1(c) and 471.59, Subdivision 12. 2. ADDITIONAL CRITERIA OF LICENSED PEACE OFFICERS; PROVIDER SCOPE OF SERVICE 2.1 In addition to meeting the criteria set forth in Section 1 of this Agreement, the Provider agrees that each of the Licensed Peace Officers shall also meet the following criteria: 2.1.1. That each Licensed Peace Officer shall by reason of experience, training, and physical fitness be deemed by the Provider of being capable of performing public safety and law enforcement duties for the Event; and 2.1.2 That each Licensed Peace Officer meets the Police Officer Standards and Training (POST) requirements and other standards required by the Provider. Throughout the term of this Agreement, the Provider shall promptly notify the BPD in the event that any licensed peace officer is no longer satisfies the POST or other standards established by the Provider; and 2.1.3 That unless otherwise provided or requested by the BPD, each Licensed Peace Officer shall be equipped or supplied, or both, by Provider at Provider’s own expense, with a seasonally appropriate patrol uniform of the day and equipment, including but not limited to service belts with Provider radio equipment, service weapon, and personal soft ballistic body 3 armor, and traffic vest. 2.2 Provider acknowledges and agrees that at any time during the term of this Agreement the City has the sole discretion to decline to accept or use, or both, any of Provider’s Licensed Peace Officers or other law enforcement resources without cause or explanation. 2.3 The Provider agrees as follows: 2.3.1 As requested by BPD, Provider shall list information on each of Provider’s Licensed Peace Officers no later than thirty (30) days before the Event that includes, but is not limited to, name, rank, agency, badge number, photo, cell phone number, and emergency contact information. Said information shall be used strictly for law enforcement purposes related to the Event and each Party will hold the data in the same classification as the other does under the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13 (“MGDPA”); and 2.3.2. That upon reasonable advance written notification from the BPD, each of Provider’s Licensed Peace Officers or other law enforcement resources so designated by the BPD shall participate in orientation training activities related to Event security, that are coordinated or conducted by the BPD or its designee; and 2.3.3. That each Licensed Peace Officer shall be assigned by the BPD, as determined and required by the BPD, to any Event-related assignment based on the Licensed Peace Officer’s skill-set and known duty assignment as well as the needs of the operation; including, but not limited to, foot patrol, motorized patrol, static posts at outdoor perimeters, general security inside or outside venues, and traffic control; and 2.3.4. That Licensed Peace Officers participating in the Event may, if so determined by the BPD, be placed in an “On Assignment” status by BPD in which the Licensed Peace Officer should be physically proximate to the Event location, so as to be able to physically report in a timely manner to such duty post assigned by the BPD and prepared to undertake the specific job task or responsibility assigned by the BPD; and 2.3.5. That at the request of the BPD, Provider will designate personnel that participated in or provided Event security to further participate in and/or provide information to and otherwise cooperate with the BPD in any “after action activities” following the conclusion of a training session or actual Event security. “After action activities” may include, but not be limited to post training session meetings and revisions of training protocols and post 4 Event security meetings, evaluations, mediation or court proceedings. 2.4 Provider acknowledges and agrees that at all times during any required training session or during the Event each of Provider’s Licensed Peace Officers or other law enforcement resources and employees, regardless of rank or job title held as an employee of the Provider, shall be subject to a structure of supervision, command and control coordinated through a unified law enforcement command and following unified command principles and practices established throughout the law enforcement community (herein referred to as “Unified Command”). 2.5 The Provider agrees to exercise reasonable efforts to cooperate and provide the City, with any other information reasonably requested by the City that the City deems necessary to facilitate and enable compliance with the terms and conditions contained in this Agreement. 2.6 Event staffing levels will be determined by the BPD as the lead law enforcement agency and fiscal agent. 2.7 The Provider will comply with the statutes and rules requiring the preservation of evidence including, but not limited to, Minnesota Statutes Sections 590.10 and 626.04. Provider must preserve all handwritten notes, photographs, incident reports, video recordings, statements, audio recordings, personal notes, interview audio, text messages, cell phone videos, removable electronic media, squad car videos, any other video recordings, emails, voice mails, computer files and all Work Product, Supporting Documentation and Business Records as those terms are defined in Section 8.1 of this Agreement. 2.8 The BPD will maintain a list of Licensed Peace Officers assigned to the Event. Provider will be responsible for providing accurate lists of its Licensed Peace Officers that will be assignable to the Event as a result of signing this Agreement. 3 CITY RESPONSIBILITIES 3.1 The City will be solely responsible for all communications with the Minnesota Host Committee, which that is coordinating the official National Football League activities occurring in Minneapolis, St Paul, and Bloomington (“Host Committee”) within the same general time period as the Event covered by this Agreement. However, this Agreement only applies to the Event locations listed in Exhibit A. 3.2 City agrees that it will provide or facilitate any necessary training to prepare for providing Event security. The substance of the training, if necessary; including the locations, dates, and times, shall be detailed in a separate writing provided from the BPD to the Provider. 5 3.3 The person responsible on behalf of the BPD for the daily operation, coordination and implementation of this Agreement, which responsibilities shall include, but not limited to, determining the assignments of the Provider’s law enforcement resources, shall be BPD Deputy Chief of Police Mike Hartley (hereinafter referred to as the “Coordinator”). Except as otherwise provided in this Agreement, all contacts or inquiries made by the Provider with regard to this Agreement shall be made directly to the Coordinator or the Coordinator’s designee. 3.4 The City will develop and provide to each Provider an adequate supply of the standard incident report form to be used by the City and Providers that provide Services at the Event under the direction of the Unified Command. 3.5 The City will provide to Provider, the “claims procedure” as indicated in Exhibit C hereto that will be used by third party claimants who file claims against the City or against any Provider 4. COMPENSATION AND PAYMENT PROCESS 4.1 The sole source of funds to reimburse each Provider performing under this Agreement shall be funds provided to BPD by private entities requesting public safety and security at their facilities during the Event. 4.2 For and in consideration of the Provider performing under this Agreement, the Provider will be reimbursed for said Services at the rates and in the manner as indicated in attached Exhibit B. All of a Provider’s Licensed Peace Officers and other law enforcement resources that (a) perform law enforcement services within the Provider’s jurisdiction; and (b) are subject only to the Provider’s authority and are therefore not under the Unified Command, are not eligible to have Provider’s costs reimbursed pursuant to this Agreement. 4.3 The BPD will prepare and include in Exhibit B eligibility guidelines for cost reimbursement and a checklist for the preparation and submission of the reimbursement request. 4.4 Provider may submit any questions regarding the cost reimbursement process to Sue LeGrand or her designee at: slegrand@bloomingtonmn.gov. 4.5 For any disputed amounts, the Provider shall provide the BPD with written notice of the dispute, including the date, amount, and reasons for dispute within fifteen (15) days after receipt of the Reimbursement Summary Report. The BPD and Provider shall memorialize the resolution of the dispute in writing and follow the dispute resolution procedure in Section 13 of this Agreement. 6 5. TERM OF AGREEMENT This Agreement shall be effective as of the date indicated on the first page so that the Parties can undertake planning for all Event-related activity and shall expire on March 1, 2018, or the date to which law enforcement resources or Services are extended, whichever is later, unless terminated earlier in accordance with the provisions in Section 6. Except for the provision of orientation training as discussed and to be scheduled pursuant to Section 3.2 of this Agreement, Services furnished by the Provider for the Event shall begin on January 26, 2018, and shall terminate on February 5, 2018, unless terminated sooner or extended in whole or in part as provided herein. 6. TERMINATION 6.1 Termination by the City. The City may terminate this Agreement upon providing to the Provider fifteen (15) days advance written notice for any of the reasons stated below: 6.1.1 Cancellation of Super Bowl LII; or 6.1.2 Failure by the Provider to perform any material term under this Agreement and failure to cure the default within the time requested by the City; or 6.1.2 Without cause prior to the initial orientation training session. 6.2 Termination by the Provider. The Provider may terminate this Agreement upon providing to the City not less than thirty (30) days advance written notice for any of the reasons stated below: 6.2.1 Cancellation of Super Bowl LII; or 6.2.2 Without cause prior to the initial orientation training session. 6.3 In the event of a termination, each Party shall fully discharge all obligations owed to the other Party accruing prior to the date of such termination, and, except as otherwise provided herein, each Party shall be released from all obligations, which would otherwise accrue subsequent to the date of termination. 7. AGREEMENT MANAGEMENT 7.1 The Provider has identified the following person[s] as persons to contact only with regard to the following matters regarding the Agreement: (List names) (List responsibilities) 7 8. WORK PRODUCT, RECORDS, DISSEMINATION OF INFORMATION 8.1 For purposes of this Agreement, the following words and phrases shall have the meanings set forth in this section, except where the context clearly indicates that a different meaning is intended. “Work Product” shall mean any report, including incident reports, recommendation, paper, presentation, drawing, demonstration, or other materials, whether in written, electronic, or other format that are used or belong to BPD or results from Provider's Services under this Agreement. “Supporting Documentation” shall mean any surveys, questionnaires, notes, research, papers, analyses, whether in written, electronic, or in other format and other evidences used to generate any and all work performed and Work Product generated under this Agreement. “Business Records” shall mean any books, documents, papers, account records and other evidences, whether written, electronic, or in other format, belonging to BPD or Provider and pertain to work performed under this Agreement. 8.2 Subject to applicable law, including but not limited to the Minnesota Official Records Act, Minnesota Statutes Section 15.17, and the MGDPA, all deliverable Work Product, Supporting Documentation and Business Records or copies thereof, that are needed from or result from the Provider's Services under this Agreement shall be delivered to the City either pursuant to this Agreement or upon reasonable request of the City and shall become the property of the City after delivery. 8.3 The City and the Provider each agrees not to release, transmit, disclose or otherwise disseminate information associated with or generated as a result of the work performed (i.e. Work Product, Supporting Documentation and Business Records) under this Agreement without notice to the other. Except as otherwise required by and subject to federal or state law, or both, neither the City nor the Provider shall release, transmit, disclose or disseminate any Work Product, Supporting Documentation, or Business Records, which shall be classified as “security information”, “security service” or “security service data”, defined under Minnesota Statutes Sections 13.37 and 13.861 or any like data, as defined or required, or both, in all federal, state, and local laws or ordinances, and all applicable rules, regulations, and standards. 8.4 In the event of termination, all Work Product, Supporting Documentation, and Business Records prepared by the Provider under this Agreement shall be delivered to the City by the Provider by the termination date. 8 8.5 Both the City and the Provider agree to maintain all Business Records in such a manner as will readily conform to the terms of this Agreement and to make such materials available at its office at all reasonable times during this Agreement period and for six (6) years from the date of the final payment under the contract for audit or inspection by the City, the Provider, the Auditor of the State of Minnesota, or other duly authorized representative. 8.6 Both the City and the Provider agree to abide strictly by the MGDPA and, in particular, Minnesota Statutes Sections 13.05, subds. 6 and 11; 13.37, Subd. 1(a) and 1(b), 138.17, and 15.17. All of the data created, collected, received, stored, used, maintained, or disseminated by the Provider or the City in performing functions under this Agreement is subject to the requirements of the MGDPA and both the City and the Provider must comply with those requirements. If any provision of this Agreement is in conflict with the MGDPA or other Minnesota state laws, state law shall control. 9. INSURANCE; LIABILITY; MUTUAL RESPONSIBILITY; NO WAIVER OF IMMUNITIES 9.1 Insurance Coverage for Event. Subject to the limitations below, the City agrees to defend and indemnify the Provider against any claims brought, or actions filed, against the Provider, or any Licensed Police Officer of the Provider for the injury to, death of, or damage to the property of any third person(s) arising out of the performance and provide of assistance to the City pursuant this Agreement. 9.1.1 Provider understands and agrees that the City’s municipal liability policy issued through the League of Minnesota Cities Insurance Trust (“LMCIT Policy”) will be the primary policy as it relates to defense and indemnification of claims and lawsuits arising out of the Provider’s actions, and Provider agrees to cooperate with the City and the League of Minnesota Cities Insurance Trust in all claims and suits arising out of this Agreement. 9.1.2 Provider understands and agrees that the City will not defend or indemnify Provider, its officers or employees, for any claims or lawsuits that do not take place during the term of the Agreement; or any claim or lawsuit that would be considered as a result of a “covered event” as defined by the law enforcement liability policy purchased through the Host Committee and administered by the City of Minneapolis for specific Super Bowl related events authorized by the National Football League. 9.1.3 Provider agrees to be bound by the terms and conditions contained in the 9 LMCIT Policy. 9.1.4 Provider agrees that it will cooperate with the League of Minnesota Cities Insurance Trust and with the City by reasonably and timely responding to the League of Minnesota Cities Insurance Trust’s request(s) for information or to appear at meetings or judicially mandated hearings. 9.2 Liability Coverage as Sole Source for Liability and Indemnity. Provider hereto agrees that it will only seek recovery for any liability incurred in carrying out the terms of this Agreement from the LMCIT policy set out in Section 9.1 of this Agreement. 9.2.1 If Provider’s liability is not subject to recovery through the LMCIT Policy, then the Provider agrees that it will otherwise be responsible for its own acts or omissions, or both, and those of its officials, employees, representatives and agents in carrying out the terms of this Agreement, whether those acts or omissions occur within or outside of the jurisdiction or geographic limits of the City of Bloomington. 9.2.2 In the unlikely event that the aggregate amount of any one or all claims arising from one occurrence exceeds $2 million, then each Party agrees that it will otherwise be responsible for its own acts or omissions, or both, and those of its officials, employees, representatives and agents in carrying out the terms of this Agreement, whether those acts or omissions occur within or outside the of the jurisdiction or geographic limits of the City of Bloomington. 9.3 Further Limitation On Provider Liability. It is understood and agreed that the liability of a Provider that is a municipality, county or similar political subdivision shall be limited by the provisions of Minnesota Statutes Chapter 466 (Tort Liability, Political Subdivisions) and by other applicable law. Nothing contained in this Agreement shall waive or amend, nor shall be construed to waive or amend any defense or immunity that either Party, its respective officials and employees, may have under said Chapter 466, Section 471.59 subd. 1a, and any common-law immunity or limitation of liability, all of which are hereby reserved by the Parties that have entered into this Agreement. 9.4 Provider Workers’ Compensation Insurance Required. Except as expressly provided herein, each Party shall be responsible for injuries or death of its own personnel. Each Party will maintain workers’ compensation insurance or self- insurance coverage, covering its own personnel while they are providing assistance pursuant to this Agreement. Except as expressly provided herein, each Party waives the right to sue any other Party for any workers’ compensation benefits paid to its own employee or volunteer or their dependents. 10 9.5 Provider Responsible for Own Equipment. Except as expressly provided herein, each Party shall be responsible for damages to or loss of its own equipment. Except as expressly provided herein, each Party waives the right to sue any other Party for any damages to, or loss of its equipment. 9.6 Provider Rendering First Aid. Except for immediate first aid rendered by a Provider at the scene of an accident or occurrence, no other medical assistance, expenses or aid is covered under this Agreement. 9.7 Except for the foregoing, the Parties intend that this Agreement will not benefit or create any right or cause of action in or on behalf of any person or entity other than the Parties. 10. INDEPENDENT CONTRACTORS Provider in its relationship with the City under this Agreement is an independent contractor. No Provider, its Licensed Peace Officers or other law enforcement resources shall be considered an employee of the City. The City, its Licensed Peace Officers or other law enforcement resources shall not be considered employees of the Provider. 11. SUBCONTRACTING The City and Provider agree that no Services will be subcontracted and agree not to enter into any subcontracts to provide any Services under this Agreement. 12. ASSIGNMENT Neither the City nor the Provider will assign or transfer any interest in this Agreement without the consent of the other Party. 13. DISPUTE RESOLUTION The City and the Provider each agree to cooperate and negotiate in good faith to resolve any disputes that arise regarding the terms of this Agreement and the performance of the Services. If good faith negotiations fail to resolve a dispute, then the Parties will use mediation services to attempt to resolve the dispute. The City and Provider will equally share the expense of the mediator. The Parties will select a mediator by each submitting three names in rank order of preference to the other Party. If there is no common name on each Party’s list, then a neutral, third party, law enforcement representative that is not a party to this Agreement will select a mediator for the Parties. If mediation fails to resolve a dispute between Parties, then the Parties may exercise their legal or equitable rights. 11 14. AUDIT OF AGREEMENT RECORDS Pursuant to Minnesota Statutes Section 16C.05, both the City’s and the Provider’s books, records, documents, and accounting procedures and practices with respect to any matter covered by this Agreement shall be made available to the State of Minnesota Office of the State Auditor upon written notice, at any time during normal business hours, for the purpose of auditing, examining or making excerpts or transcripts of relevant data. 15. AMENDMENT OR CHANGES TO AGREEMENT 15.1 Any alterations, amendments, deletions, or waivers of the provisions of this Agreement shall be valid only when reduced to writing and duly signed by the Parties hereto; after all appropriate and necessary authority has been acquired by each such Party. 15.2 Modifications or additional schedules shall not be construed to adversely affect vested rights or causes of action which have accrued prior to the effective date of such amendment, modification, or supplement. The term “Agreement” as used herein shall be deemed to include any future amendments, modifications, and additional schedules made in accordance herewith. 16. NOTICES Except as otherwise stated in this Agreement, all notice or demand to be given under this Agreement shall be delivered in person or deposited in United States First Class Mail, Return Receipt Requested. Any notices or other communications shall be addressed as follows: City: Jeff Potts, Chief of Police, City of Bloomington, 1800 West Old Shakopee Road, Bloomington, MN 55431, jpotts@bloomingtonmn.gov; or Provider: _____________________________________________; or such other contact information as either party may provide to the other by notice given in accordance with this provision. Nothing in this Section 16 shall prohibit a Party from contemporaneously providing the communication by electronic mail when such occurs at the same time as depositing in United States Mail. 17. CHOICE OF LAW AND VENUE This Agreement shall be governed by and construed in accordance with the laws of the state of Minnesota. Any disputes, controversies, or claims arising out of this Agreement shall be heard in the state or federal courts of Hennepin County, Minnesota, and all 12 parties to this Agreement waive any objection to the jurisdiction of these courts, whether based on convenience or otherwise. 18. ENTIRE AGREEMENT It is understood and agreed that this entire Agreement supersedes all oral agreements and negotiations between the parties hereto relating to the subject matters herein. All items that are referenced or that are attached are incorporated and made a part of this Agreement. If there is any conflict between the terms of this Agreement and referenced or attached items, the terms of this Agreement shall prevail. The matters set forth in the “WHEREAS” clauses at the beginning of this Agreement are true and correct and by this reference incorporated into and made a part of this Agreement. 19. AGREEMENT NOT EXCLUSIVE The City retains the right to contract with other public safety and security providers for other matters or for the Event, in the City’s sole discretion. 20. NO DISCRIMINATION Provider agrees not to discriminate in providing the Services under this Agreement on the basis of race, color, sex, creed, national origin, disability, age, sexual orientation, status with regard to public assistance, or religion. Provider agrees to hold harmless and indemnify the City from costs, including but not limited to damages, attorney's fees and staff time, in any action or proceeding brought alleging a violation of these laws by the Provider or its Licensed Police Officer(s). 21. PUBLICITY The Parties shall develop language to use when discussing this Agreement. Provider agrees that any publicity regarding the Services or the subject matter of this Agreement must not be released unless it complies with the approved language. 22. WAIVER Failure of a Party to enforce any provision of this Agreement does not affect the rights of the Parties to enforce such provision in another circumstance. No waiver of any provision or of any breach of this Agreement shall constitute a waiver of any other provisions or any other or further breach, and no such waiver shall be effective unless made in writing and signed by an authorized representative of the party to be charged with such a waiver. 23. SEVERABILITY 13 In the event that any provision of this Agreement shall be illegal or otherwise unenforceable, such provision shall be severed, and the balance of the Agreement shall continue in full force and effect and will be construed and enforced as if such invalid or unenforceable provision had not been included. 24. INTERCHANGE OF GOVERNMENT EMPLOYEES The Parties shall cooperate in achieving the objectives of this Agreement pursuant to Minnesota Statutes Sections 15.51 through 15.57. 25. COMPLIANCE WITH LAWS The Parties shall comply with all applicable federal, state, and local statutes, regulations, rules and ordinances currently in force or later enacted including but not limited to the MGDPA, Minnesota Statutes Section 471.425, subd. 4a, and as applicable, non- discrimination and affirmative action laws and policies. REMAINDER OF THIS PAGE IS BLANK 14 IN WITNESS WHEREOF, the parties hereto are authorized signatories and have executed this Agreement the day and year first above written. CITY OF RICHFIELD CITY OF BLOOMINGTON By: ___________________________ By: _____________________________ Its: City Manager, Steven L. Devich Its: City Manager, James D. Verbrugge Date: _________________________ Date: ___________________________ By: ______________________________ By:______________________________ Its: Police Chief, Jay A. Henthorne Its: Police Chief, Jeffrey D. Potts Date: _________________________ Date: _________________________ Reviewed and Approved By: By:______________________________ By:______________________________ Its: City Attorney Its: City Attorney Date: _________________________ 15 EXHIBIT A EVENT LOCATIONS The City of Richfield will provide Services at locations as needed and directed by the City of Bloomington. 16 EXHIBIT B EVENT REIMBURSEMENT GUIDELINES Reimbursement Period: Friday, January 26, 2018, through Monday, February 5, 2018. 1. Bloomington Police Department (“BPD”) will serve as fiscal agent for purposes of this Agreement. 2. Reimbursement will be for hours worked in direct support of the BPD. 3. Reimbursement will occur only for hours worked consistent with official operational plans approved by BPD. 4. There will be no reimbursement for non-personnel costs, backfill, pre-Event training, equipment, and other expenses including but not limited to travel costs, fuel, mileage, per diem, etc. 5. Reimbursement will occur only for state, county, and local law enforcement personnel participating in Event security details. 6. To the extent possible, law enforcement personnel will be notified of their daily and hourly schedule 15 to 30 days prior to the Reimbursement Period. There will be no reimbursement for any changes to the schedule or for any scheduled off days during this period or for off hours where personnel are not actively assigned to an event detail. 7. No officer will be assigned to a shift that begins in less than 96 hours without the Provider’s prior approval. 8. Providers and personnel assigned to the event must adhere to all BPD requirements in order to be eligible for reimbursement. 9. If certain Event Services are cancelled within 24 hours of when the law enforcement officer’s shift is scheduled to begin, then that Licensed Police Officer will be compensated for 3 hours of time. If certain Event Services are cancelled more than 24 hours of when the law enforcement officer’s shift is scheduled to begin, then that Licensed Police Officer will not be compensated. 10. For reimbursement purposes, a law enforcement officer’s shift begins and ends when he/she checks in/out on site. 11. Provider must submit to the City an Officer Pay Rate Information Form in the format set out in Exhibit D (“Form”), attached and incorporated hereto, that lists the 2018 regular (100%) pay rates with associated badge numbers for all Licensed Police Officers providing Services pursuant to this Agreement. Provider must submit the Form to Sue LeGrand at slegrand@bloomingtonmn.gov on or before January 15, 2018. 12. Reimbursement will be paid at time and a half of the Licensed Police Officer’s pay rate as stated on the Form, plus a 17.65% fringe for PERA and Medicare related costs. These rates are all-inclusive and will not be adjusted. 17 13. On or before February 9, 2018 (covering pay period 1/26/18-1/28/18) and on or before February 23, 2018 (covering pay period 1/29/18-2/5/18), the City will provide a Reimbursement Summary Report (“Report”) to the Provider reflecting the dates and hours of service performed by Provider’s Licensed Police Officers. a. Within five (5) days of receipt of the Report from the City, Provider shall review the Report for accuracy and indicate to the City which hours were straight time and which hours were overtime, then return the completed Report to Sue LeGrand at slegrand@bloomingtonmn.gov. b. Provider will submit an invoice along with a copy of the Report to BPD. Thereafter, BPD will review the documentation and work with Provider to address any discrepancies. c. BPD will issue reimbursement to Provider consistent with this Agreement within forty-five (45) days of receipt of the Provider’s invoice, Report copy, and documentation. 14. Any variation from the above guidelines must be approved by the Bloomington Police Department. 18 EXHIBIT C CLAIMS PROCEDURE FOR CLAIMS All claims will be submitted to the City on its standardized “Claim Form” found on its website (https://www.bloomingtonmn.gov/sites/default/files/claimform.pdf ). Once received and recorded by the City, the City will forward the Claim Form on to the League of Minnesota Cities Insurance Trust (“LMCIT”) for investigation and determination of liability. Acceptance or denial of a claim may be appealed through the City’s Risk and Litigation Manager. Her contact information is alarson@bloomingtonmn.gov or 952-563-4932. 19 EXHIBIT D OFFICER PAY RATE INFORMATION FORM Provider (Agency): Contact Name: Phone #: Email: Badge # Officer Name Regular Hourly Rate AGENDA SECTION:CONSENT CALENDAR AGENDA ITEM #3.I. STAFF REPORT NO. 9 CIT Y COUNCIL ME E T ING 1/9/2018 RE P O RT P RE PA RE D B Y: Taylor B urandt, A dministrative A ide/A nalyst D E PA RTM E NT D IRE C TOR RE V IE W: K ristin A sher, P ublic Works D irector 1/2/2018 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 1/2/2018 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 Joint P owers Agreement with the I-494 C orridor Commission for the purpose of the participating municipalities to work cooperatively to impr ove transportation along and around the I-494 C orridor. E X E C UT IV E S UM M ARY: The I -494 Corridor C ommission ("Commission") is a group of c ities including Bloomington, Eden Prairie, Edina, Minnetonka, and Richfield. The purpose of the Commission is for the municipalities to work cooperatively to more effectively and efficiently move people and goods along and around the I -494 Corridor, inc luding other major transportation corridors within the municipalities’ jurisdic tions. Some of the key objectives of the group include: Research of transportation related issues; Development of model ordinances; Recommendations to state agencies and to the legislative funding strategies; Cooperation with other organizations, such as the Metropolitan Counc il; and Provide commuter-specific information and options. This agreement amends the previous J oint Powers Agreement, dated J uly 11, 1988, and later amended on J anuary 1, 2002. RE C O M M E ND E D AC T IO N: By motion: Approve the Joint Powers Agreement with the I-494 Corridor Commission for the purpose of the municipalities to work cooperatively to improve transportation along and around the I-494 Corridor. B AS IS O F RE C O M M E ND AT IO N: A.H IS TOR IC AL C ON TEXT The C ity of Ric hfield has been partic ipating in the Commission sinc e 1988. Some highlights of participation inc lude: A dvancing I -494 improvements west of TH 100. Rec onstruc tion of the I -494/Highway 169 interchange. Safety Improvements at I-35W/I-494 interchange. B.P OL IC IE S (resolutions, ordinances, regulations, statutes, etc): The I -494 C orridor has been identified as a priority in the City's Comprehensive Plan (Chapter 6 - Transportation). C.C R IT IC AL T IMIN G ISSU E S: The C ity of Ric hfield cannot continue to participate in the I -494 C orridor Commission without City Council approval. D.F IN AN C IAL IMPAC T: The financ ial c ontributions of each munic ipality is determined per capita. The per capita rate is $0.34. The C ity of Ric hfield's c ontribution was $12,429.38 in 2017. A proposed budget and recommended financ ial c ontributions of the munic ipalities will be formulated by the C ommission and submitted to the munic ipalities on or before August 1 each year. B y S eptember 2 of each calendar year, the C ounc il of each c ity shall approve, modify, or rejec t the proposed C ommission budget and the financial contribution and give notic e of its action to the C ommission. The Parties make their financial contributions to the Commission on an annual basis. E.L E GAL C ON S ID E R AT ION : The C ity Attorney has reviewed the joint powers agreement and will be available to answer questions. ALT E R N AT IV E R E C O MME N D AT IO N(S): 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 A greement C ontract/A greement I-494 CORRIDOR COMMISSION JOINT POWERS AGREEMENT PRELIMINARY STATEMENT The Cities of Bloomington, Eden Prairie, Edina, Minnetonka, and Richfield (hereafter referred to as Parties) are Parties to this Agreement and are governmental units of the State of Minnesota. Minnesota Statute 471.59 permits two or more governmental units, by agreement of their governing bodies, to jointly and cooperatively exercise any power common to each of them. The Parties to this Agreement have chosen to enter into a cooperative agreement pursuant to M.S.A. 471.59 providing for the joint exercise of powers to improve the ability to more effectively and efficiently move people and goods along and around the I-494 Corridor. This Agreement amends and restates that certain Joint and Cooperative Agreement among the Parties as dated July 11, 1988. A subsequent amendment became effective on January 1, 2002. This Agreement shall be known as the I-494 Corridor Commission Joint Powers Agreement and is effective as of January 31st, 2018. . ARTICLE 1. Name The Parties hereto agree to establish a joint powers organization to be known as the I-494 Corridor Commission to carry out the general purpose and objectives set forth in this document. ARTICLE 2. General Purpose The primary purpose of this agreement among the Parties is to work jointly and cooperatively to more effectively and efficiently move people and goods along and around the I-494 Corridor including other major transportation corridors within the Parties’ jurisdictions (hereafter referred to as the Corridor). ARTICLE 3. Duration The duration of the Commission shall be perpetual unless otherwise dissolved according to the provisions of Article 13 hereof. I-494 Corridor Commission Joint Powers Agreement 2017 Page 2 ARTICLE 4. Definition of Terms For the purpose of this Agreement, the terms defined in this Article shall have the meanings given below. 4.1) Commission – means the organization created pursuant to this Agreement. 4.2) City Council or Council – means the governing body of a Party. 4.3) Commissioner – means a person appointed pursuant to this Agreement to serve as a Commissioner. 4.4) Alternate – means a person appointed pursuant to this Agreement to serve in place of a Commissioner as provided in Article 9 of this Agreement. 4.5) Party – means a governmental entity which has entered into this Agreement. 4.6) Affiliate Member – means a person or organization approved by the Commission to have special status with the Commission, with only the rights specified in this Agreement. 4.7) Corridor – means the area comprising the geographic limits of all Parties. ARTICLE 5. Additional Parties 5.1) Any other government unit may become a Party upon unanimous approval of the Parties and amendment of this agreement. 5.2) An organization or person may be approved as an Affiliate Member upon a majority vote of the Commissioners. ARTICLE 6. Powers and Duties of the Commission 6.1) The powers and duties of the Commission shall include, but not be limited to, the powers set forth in this article. 6.2) It may research and recommend to state agencies and the legislature funding strategies and priorities for transportation and transit improvements along and around the Corridor. 6.3 ) It may research and implement travel demand management strategies, develop model ordinances and recommend joint action on such strategies and ordinances by the Parties. 6.4) It may research and make recommendations to the Parties regarding other matters related to the Commission’s purpose. I-494 Corridor Commission Joint Powers Agreement 2017 Page 3 6.5) It may cooperate with Affiliate Members and relevant groups to further the objectives of the Commission. It may consult with, and assist, Affiliate Members and relevant groups to facilitate travel demand management strategies and programs throughout the Corridor. 6.6) It may cooperate with the Metropolitan Council, Metro Transit, opt-out transit system and other transit related organizations to develop Corridor related transit operation plans. 6.7) It may monitor land use development, traffic volumes and travel characteristics in the Corridor. 6.8) It may, with consent of the city council of each Party, update transportation or transit studies and expand them as necessary. 6.9) It may consult with persons knowledgeable in transportation, including, but not limited to, research organizations, educational institutions, other political subdivisions, municipal organizations, regulatory organizations, technical experts, and any other persons who can provide assistance concerning mobility improvements, implementation of transportation and transit studies within the Corridor and otherwise assist in meeting the objectives of the Commission. 6.10) It may accept donations to further the mission of the Commission, apply for and use federal, state, local or private grants, enter into agreements required in connection therewith and hold, use and dispose of money or property received as a gift or grant in accordance with the terms thereof. 6.11) It may employ staff whose duties shall be to administer and implement policies as established by the Commission. 6.12) An independent audit of the books of the Commission shall be made every three years with an accountant review in the intervening years. An annual financial accounting and report shall be made in writing to the Parties. The Commission’s financial records shall be available for and open to the examination by the Parties at all reasonable times. 6.13) It may enter into such contracts or entities, public or private, to carry out the purposes of the Commission. Contracts let and purchases made under this agreement shall conform to the requirements applicable to contracts and purchases of its Parties. 6.14) The Commission shall at all times have in effect financial management policies and procedures which may be amended from time to time by the Commissioners constituting a majority of the Parties to the Agreement. ARTICLE 7. Commissioners 7.1) The Commission shall consist of up to two Commissioners from each Party. Each Commissioner shall have one vote. The Council of each Party shall appoint its two Commissioners and I-494 Corridor Commission Joint Powers Agreement 2017 Page 4 Alternate. Commissioners shall serve without compensation from the Commission. The Commission’s Secretary shall obtain from each Party confirmation of the Commissioners and Alternate appointed by each Party. 7.2) The term of each Commissioner and Alternate shall commence upon appointment and shall continue until a successor is appointed and assumes his or her responsibilities. The Commissioners and Alternates shall serve at the pleasure of the Council appointing them. A Commissioner or Alternate may resign by giving notice of resignation to the Commission’s Chair. 7.3) A Commissioner who will be absent from a meeting shall be responsible for notifying the Alternate of meetings which the Alternate should attend. In the absence of a Commissioner, the Alternate shall have all the rights and responsibilities of the Commissioner, except that no Alternate may be or act as an Officer of the Commission. 7.4) There shall be no voting by proxy. All votes at a Commission meeting must be cast by a Commissioner or an Alternate voting in place of an absent Commissioner. 7.5) A majority of the Commissioners shall constitute a quorum. 7.6) A vacancy on the Commission shall be filled by the Council of the Party whose position on the Commission is vacant. 7.7) The Commission may choose by majority vote to designate additional Affiliate Members. These members may participate in discussions of the Commission but may not vote. In addition, these members shall be sent notices of all meetings, but a failure to notify these members shall not invalidate any action. Affiliate Members may be excluded from lawfully closed meetings of the Commission. The Commission may further define the role of Affiliate Members and may establish different requirements for each Affiliate Member. 7.8) A Commissioner that is an employee of a Party remains an employee of the appointing Party while serving as a Commissioner and is not an employee of the Commission. 7.9) Commissioners are not employees of the Commission. ARTICLE 8. Meetings 8.1) The Commission shall meet at least quarterly on a schedule determined by the Commission. 8.2) Special meetings of the Commission may be called (a) by the Chair or (b) upon written request of a majority of the Commissioners. A minimum of three (3) days’ written notice of special meetings shall be given to the Commissioners. I-494 Corridor Commission Joint Powers Agreement 2017 Page 5 8.3) The affirmative vote of a majority of the Commissioners present at the meetings shall be required for the adoption of any resolution, or for the approval or authorization of any Commission action. However, no resolution shall be adopted and no other action approved or authorized unless a quorum is present at the time of the vote. 8.4) All meetings shall be open to the public except where a closed meeting is allowed or required under Minnesota Statutes. ARTICLE 9. Officers 9.1) Number, Election, Qualifications. The Officers of the Commission shall consist of a Chair, a Vice Chair, Secretary, and Treasurer. A Party may not have more than one of its Commissioners serve as an Officer at any time except for the Secretary. Each Officer shall be an elected official. Officers will be elected bi-annually by the Commission. Officers may be elected at a regular or special meeting of the Commission, but in any event, a notice that Officers will be elected at the meeting shall be given to all Commissioners at least five (5) days before the meeting. The term of each Officer shall commence upon the Officer’s election and shall continue until his or her successor is elected or, if sooner, until the Officer’s death, resignation or removal. The Commission may remove an Officer at any time with or without cause. The Commission may appoint the Executive Director as Secretary. Any Commissioner may serve as Secretary including those who are not elected officials. 9.2) Chair, Vice Chair. The Chair shall preside at all meetings of the Commission and shall perform all duties incident to the office of Chair and such other duties as may be delegated by the Commission. The Vice Chair shall act as chair in the absence of the Chair. 9.3) Secretary. The Secretary shall maintain the roster of all Commissioners, Alternates, and Affiliate Members. The Secretary shall be responsible for keeping a record of all the proceedings of the Commission and shall serve as the Responsible Authority of the Commission for the purposes of the Minnesota Government Data Practices Act. The Secretary shall send written notice of meetings and material pertaining to agenda items to each Commissioner. Unless also a Commissioner, the Secretary shall not be a voting member of the Commission. 9.4) Treasurer. The Treasurer shall oversee the Commission’s funds. The Commission shall pay its bills, keep its financial records, and generally conduct its financial affairs in accordance with its adopted Financial Management Policies and Procedures. The Treasurer will review financial books and records on a regular basis to determine that all laws relating to financial matters are observed and that the Financial Management Policies and Procedures are followed. Strict accountability of all funds and report of all receipts and disbursements shall be provided for. I-494 Corridor Commission Joint Powers Agreement 2017 Page 6 9.5) Other Officers. The Commission may appoint such other Officers as it deems necessary. All such Officers shall be Commissioners. ARTICLE 10. Employees 10.1) The Commission may employ an Executive Director. The Executive Director shall supervise staff. 10.2) The compensation, benefits and other remuneration of Commission staff shall be established by the Commission. 10.3 The Commission shall supervise the Executive Director. The Commissioners constituting a majority of the Parties to the Agreement must vote to hire or fire the Executive Director. ARTICLE 11. Withdrawal 11.1) Withdrawal – Any Party may withdraw from the Commission effective January 1 of any year by giving written notice to the Commission Chair and every other Party prior to October 1 of the preceding year. The notice shall be accompanied by a certified copy of a resolution of the Party’s Council stating its decision to withdraw from the Commission. 11.2 Financial Effect of Withdrawal – A Party that withdraws from this Commission shall not be entitled to a refund in whole or in part, for any contribution made to the Commission by the withdrawing Party and shall remain liable for its contribution for any year beginning before the date of its withdrawal. ARTICLE 12. Amendments This Agreement may be amended only by written amendment entered into by all of the Parties of this Agreement in the same manner as this Agreement is entered into pursuant to Article 5 hereof. ARTICLE 13. Dissolution 13.1) Dissolution – The Commission may be dissolved by written agreement signed by all of the Parties who are then members of the Commission. 13.2) Distribution of Assets – Upon dissolution of the Commission, all remaining assets of the Commission, after payment of all obligations, shall be distributed among the Parties that are members of I-494 Corridor Commission Joint Powers Agreement 2017 Page 7 the Commission as of the date of dissolution, in proportion to their contributions for the year in which the dissolution occurs. The Commission shall continue to exist after dissolution for such period, no longer than six months, as is necessary to wind up its affairs, but for no other purposes. ARTICLE 14. Insurance 14.1) Liability Insurance: The Commission shall maintain liability coverage with the League of Minnesota Cities Insurance Trust with a minimum limit equal to or greater than maximum municipal liability tort limit in Minnesota Statutes, section 466.04, Subd. 1, under standard LMCIT liability coverage forms. 14.2) Workers’ Compensation Insurance: The Commission, rather than the individual Parties, shall secure Workers’ Compensation coverage for any employees hired by the Commission. ARTICLE 15. Liability 15.1) The Commission is a separate and distinct public entity to which the Parties have transferred all responsibility and control for actions taken pursuant to this Agreement. 15.2) The Commission shall defend and indemnify the Parties, and their Officers, employees, and volunteers, from and against all claims, damages, losses, and expenses, including attorney fees, arising out of the acts or omissions of the Commission in carrying out the terms of this Agreement. This Agreement does not constitute a waiver on the limitations of liability set forth in Minnesota Statutes, section 466.04. 15.3) Nothing herein shall be construed to provide insurance coverage or indemnification to an Officer, employee, or volunteer of any Member for any act or omission for which the Officer, employee, or volunteer is guilty of malfeasance in office, willful neglect of duty, or bad faith. 15.4) To the fullest extent permitted by law, action by the Parties to this Agreement are intended to be and shall be construed as a “cooperative activity,” and it is the intent of the Parties that they shall be deemed a “single governmental unit” for the purposes of liability, as set forth in Minnesota Statutes, section 471.59, Subd. 1a(a), and provided further that for the purposes of that statute, each Party to this Agreement expressly declines responsibility for the acts or omissions of another Party. The Parties to this Agreement are not liable for the acts or omissions of another party to this Agreement except to the extent they have agreed in writing to be responsible for the acts or omissions of the other Parties. I-494 Corridor Commission Joint Powers Agreement 2017 Page 8 ARTICLE 16. Financial Matters 16.1) The Commission funds may be expended by the Commission in accordance with the procedures established under the Minnesota Municipal Contracting Law, Minn. Stat. section 471.345 and Minn. Stat. section 412.311, as if any one Party were acting. The contract value amounts in those laws for each Party may not be aggregated. Legal instruments other than checks shall be executed after Commission approval, by the Executive Director and an Officer. 16.2) The financial contributions of the Parties in support of other Commission functions shall be per capita. Each of the Parties shall pay to the Commission an amount as annually approved by the Parties. 16.3) A proposed budget and recommended financial contributions of the Parties shall be formulated by the Commission and submitted to the Parties on or before August 1 of each calendar year. By September 2 of each calendar year, the Council of each Party shall approve, modify, or reject the proposed Commission budget and the Party’s financial contribution and give notice of its action to the Commission. The budget shall be deemed approved by a Party in the absence of action by September 1. Final action adopting a budget for the ensuing calendar year shall be taken by the Commission on or before September 15 of each year. 16.4) The Parties shall make their financial contributions to the Commission on an annual basis. 16.5) Any Party may inspect and copy the Commission’s financial books and records at any and all reasonable times. All financial books and records shall be kept in accordance with normal and accepted accounting procedures and principles used by Minnesota statutory cities. I-494 Corridor Commission Joint Powers Agreement 2017 Page 9 IN WITNESS WHEREOF, each undersigned municipality has caused this Agreement to be signed on its behalf on the date indicated below. Dated: ___________________________ Dated: ___________________________ CITY OF BLOOMINGTON By: ___________________________ Its Mayor By: ___________________________ Its Manager Dated: ___________________________ Dated: ___________________________ CITY OF EDEN PRAIRIE By: ___________________________ Its Mayor By: ___________________________ Its Manager Dated: ___________________________ Dated: ___________________________ CITY OF EDINA By: ___________________________ Its Mayor By: ___________________________ Its Manager Dated: ___________________________ Dated: ___________________________ CITY OF MINNETONKA By: ___________________________ Its Mayor By: ___________________________ Its Manager I-494 Corridor Commission Joint Powers Agreement 2017 Page 10 Dated: ___________________________ Dated: ___________________________ CITY OF RICHFIELD By: ___________________________ Its Mayor By: ___________________________ Its Manager AGENDA SECTION:CONSENT CALENDAR AGENDA ITEM #3.J. STAFF REPORT NO. 10 CIT Y COUNCIL ME E T ING 1/9/2018 RE P O RT P RE PA RE D B Y: Taylor B urandt, A dministrative A ide/A nalyst D E PA RTM E NT D IRE C TOR RE V IE W: K ristin A sher, P ublic Works D irector 1/2/2018 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 1/2/2018 I T E M F O R C O UNC I L C O NS I D E RAT IO N: Consideration of an agreement and resolution authorizing the Minnesota D epartment of Transportation to act as the City's agent in accepting federal aid in connection with transportation projects. E X E C UT IV E S UM M ARY: The agreement is a part of Minnesota Department of Transportation's (MnD OT) agency delegated contracting proc ess which began in 2003. This is a standard agreement which allows MnD OT to acc ept federal aid on behalf of the C ity of Ric hfield; ac cepting designations for receipt and disbursement. This agreement is intended to c over all future federally funded projects that the City is awarded funds until revisions are needed to the agreement. The new agreement is required due to Federal language changes. RE C O M M E ND E D AC T IO N: By Motion: 1. Approve the agreement allowing the Minnesota D epartment of Transportation to act as the City's agent in accepting federal funds in connection with transpor tation related construction projects. 2. Adopt the resolution regarding the agr eement. B AS IS O F RE C O M M E ND AT IO N: A.H IS TOR IC AL C ON TEXT This agreement supersedes the previous agreement approved by C ity Council on April 8, 2003. B.P OL IC IE S (resolutions, ordinances, regulations, statutes, etc): Minnesota State Statute 161.36 allows MnD OT to ac t as the agent in ac cepting federal funds on the C ity's behalf for the construction, improvement, or enhancement of transportation financed in full or in part by the Federal Highway Administration. C.C R IT IC AL T IMIN G ISSU E S: The agreement needs to be executed in order to rec eive federal funds for future transportation related projects. D.F IN AN C IAL IMPAC T: None. E.L E GAL C ON S ID E R AT ION : The City Attorney had reviewed the agreement and will be available for questions. ALT E R N AT IV E R E C O MME N D AT IO N(S): None. P R IN C IPAL PAR TIE S EXP E C T E D AT ME E T IN G: AT TAC H ME N TS : D escripti on Type A greement C ontract/A greement Resolution Resolution L etter MnDOT Contract No. 1029995 6 5.6. Closeout. The Local Government must liquidate all obligations incurred under this Agreement for each project and submit all financial, performance, and other reports as required by the terms of this Agreement and the Federal award, twenty four months prior to the end date of the period of performance for each project. MnDOT will determine, at its sole discretion, whether a closeout audit is required prior to final payment approval. If a closeout audit is required, final payment will be held until the audit has been completed. Monitoring of any capital assets acquired with funds will continue following project closeout. 6. Conditions of Payment. All services provided by Local Government under this agreement must be performed to MnDOT’s satisfaction, as determined at the sole discretion of MnDOT’s Authorized Representative and in accordance with all applicable federal, state, and local laws, ordinances, rules, and regulations. The Local Government will not receive payment for work found by MnDOT to be unsatisfactory or performed in violation of federal, state, or local law. 7. Authorized Representatives 7.1. MnDOT's Authorized Representative is: Name: Mitchell Rasmussen, or his successor. Title: State Aid Engineer Phone: 651‐366‐4831 Email: Mitch.rasmussen@state.mn.us MnDOT’s Authorized Representative has the responsibility to monitor Local Government’s performance and the authority to accept the services provided under this agreement. If the services are satisfactory, MnDOT's Authorized Representative will certify acceptance on each invoice submitted for payment. 7.2. The Local Government’s Authorized Representative is: Name: Jeff Pearson or his/her successor. Title: Richfield City Engineer Phone: 612‐861‐9791 Email: jpearson@richfieldmn.gov If the Local Government’s Authorized Representative changes at any time during this agreement, the Local Government will immediately notify MnDOT. 8. Assignment Amendments, Waiver, and Agreement Complete 8.1. Assignment. The Local Government may neither assign nor transfer any rights or obligations under this agreement without the prior written consent of MnDOT and a fully executed Assignment Agreement, executed and approved by the same parties who executed and approved this agreement, or their successors in office. 8.2. Amendments. Any amendments to this agreement must be in writing and will not be effective until it has been executed and approved by the same parties who executed and approved the original agreement, or their successors in office. 8.3. Waiver. If MnDOT fails to enforce any provision of this agreement, that failure does not waive the provision or MnDOT’s right to subsequently enforce it. 8.4. Agreement Complete. This agreement contains all negotiations and agreements between MnDOT and the Local Government. No other understanding regarding this agreement, whether written or oral, may be used to bind either party. RESOLUTION NO. _______ RESOLUTION AUTHORIZING AGREEMENT NO. 1029995 BETWEEN THE MINNESOTA DEPARTMENT OF TRANSPORTATION AND THE CITY OF RICHFIELD FOR THE AGENCY DELEGATED CONTRACTING PROCESS REGARDING FEDERAL FUNDS FOR TRANSPORTATION RELATED PROJECTS WHEREAS, The City of Richfield has and anticipates use of federal funds for the construction, improvement, or enhancement of transportation projects; and WHEREAS, The Minnesota Department of Transportation (MnDOT) will act as the City’s agent in accepting federal aid for transportation related projects. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield, Minnesota: Pursuant to Minnesota State Statute Section 161.36, the Commissioner of Transportation be appointed as Agent of the City of Richfield to accept its agent, federal aid funds which may be made available for eligible transportation related projects NOW, THEREFORE, BE IT FURTHER RESOLVED by the City Council of the City of Richfield, Minnesota: The Mayor and the City Manager are hereby authorized and directed for and on behalf of the City of Richfield to execute and enter in an agreement with the Commissioner of Transportation prescribing the terms and conditions of said federal aid participation as set forth and contained in “Minnesota Department of Transportation Agency Agreement No. 1029995,” a copy of which said agreement was before the City Council and which is made a part hereof by reference. Adopted by the City Council of the City of Richfield, Minnesota, this 9th day of January, 2018. Pat Elliott, Mayor ATTEST: Elizabeth VanHoose, City Clerk AGENDA SECTION:CONSENT CALENDAR AGENDA ITEM #3.K. S TAFF REPORT NO. 11 CIT Y COUNCIL ME E T ING 1/9/2018 RE P O RT P RE PA RE D B Y: J ared Voto, E xecutive A ide/A nalyst D E PA RTM E NT D IRE C TOR RE V IE W: S teven L . D evich, C ity Manager 1/2/2018 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 1/2/2018 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 appointing Janell Stacey to the R ichfield Tourism Promotion B oar d to complete a three-year term ending December 31, 2018 or until a successor is chosen, whichever is later. E X E C UT IV E S UM M ARY: On J une 25, 1990 the City C ounc il approved an ordinanc e to levy a 3% tax on gross rec eipts of lodging from Richfield Hotels and Motels pursuant to Minnesota Statutes. The establishment of the Ric hfield Tourism Promotion Board, I nc . (RTP B) and the appointment of directors was also a part of the resolution. Currently, there are five director positions on the RTP B. The term of eac h appointment is for three years. The c urrent appointments to the RTP B and the ending dates of their terms are as follows: 1. Gordon Vizec ky, representing the Richfield C hamber of Commerce, term ending on D ec ember 31, 2019. 2. Raj Bhakta, General Manager of Baymont S uites, term ending December 31, 2018. 3. Adam Selby, General Manager of Four Points by Sheraton, term ending December 31, 2018. 4. Vacant, Representative of Candlewood Suites. 5. Vacant, Representative of Motel 6. J anell Stacey, Director of Sales of the Candlewood Suites, has over 16 years of hotel sales experience from selling resorts, to c onvention , boutique, historic , and now extended stay hotels with Candlewood Suites. She has a background in marketing and advertising and has worked in Minneapolis, St. Paul, and now Richfield. RE C O M M E ND E D AC T IO N: By motion: Adopt a resolution appointing Janell Stacey to the Richfield Tour ism Promotion Board, Inc. to complete a three-year term ending December 31, 2018 or until a successor is chosen, whichever is later. B AS IS O F RE C O M M E ND AT IO N: A.H IS TOR IC AL C ON TEXT This information is c ontained in the Exec utive Summary. B.P OL IC IE S (resolutions, ordinances, regulations, statutes, etc): The C ity Council has the authority to make appointments to the RTP B . The RTP B has typically inc luded a representative from each of the hotel properties and a member of the Richfield C hamber of Commerc e. C.C R IT IC AL T IMIN G ISSU E S: The C andlewood Suites position on the RTPB is now vacant so the appointment of the Director of Sales should be made as soon as possible. D.F IN AN C IAL IMPAC T: There is no cost to the City. E.L E GAL C ON S ID E R AT ION : The appointment conforms to City ordinance and bylaws of the RTP B. ALT E R N AT IV E R E C O MME N D AT IO N(S): The C ity Council c ould dec ide not to make this appointment to the RTP B. The C ity Council c ould c hoose to review this matter at a future date. P R IN C IPAL PAR TIE S EXP E C T E D AT ME E T IN G: None AT TAC H ME N TS : D escripti on Type Resolution Resolution L etter RESOLUTION NO. RESOLUTION APPOINTING A REPRESENTATIVE TO THE BOARD OF DIRECTORS OF THE RICHFIELD TOURISM PROMOTION BOARD, INC. WHEREAS, the City of Richfield has levied a 3% tax on the gross receipts of lodging from hotels and motels in the City pursuant to Minnesota Statute Section 169.190; and WHEREAS, Minnesota Statute Section 169.190 authorizes the proceeds of the tax to fund a Tourism Promotion Board for the purpose of marketing and promoting the City as a tourist or convention center; and WHEREAS, the articles and bylaws of the Richfield Tourism Promotion Board, Inc. provide the City Council of the City of Richfield appoint five (5) directors to the Board representing the Richfield hotel-motel properties and the Richfield Chamber of Commerce; and WHEREAS, each director shall serve as a director until his or her successor has been appointed and has qualified, or until his or her earlier disqualification, death, resignation, or removal; and WHEREAS, the term of the following hotel representative has been vacant and a new representative has indicated a desire to be appointed to the Richfield Tourism Promotion Board: • Janell Stacey, Director of Sales of Candlewood Suites NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Richfield, Minnesota, that the Richfield Tourism Promotion Board directors be modified as follows: Appoint the following hotel representative to the Richfield Tourism Promotion Board to complete a three-year term: • Janell Stacey, Director of Sales of Candlewood Suites, term ending December 31, 2018. Adopted by the City Council of the City of Richfield, Minnesota this 9th day of January, 2018. Pat Elliott, Mayor ATTEST: Elizabeth VanHoose, City Clerk AGENDA SECTION:PUBLIC HEARINGS AGENDA ITEM #5. STAFF REPORT NO. 12 CIT Y COUNCIL ME E T ING 1/9/2018 RE P O RT P RE PA RE D B Y: J enni fer A nderson, S upport S ervices Manager D E PA RTM E NT D IRE C TOR RE V IE W: J ay Henthorne, D irector of P ublic S afety/C hi ef of P olice 1/2/2018 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 1/3/2018 I T E M F O R C O UNC I L C O NS I D E RAT IO N: Public hearing and consideration of the appr oval of new O n-Sale W ine and 3.2 Percent Malt Liquor licenses, with outside services, for LR FC, LL C d/b/a Local Roots Food & Coffee located at 817 66th Street E ast. E X E C UT IV E S UM M ARY: On September 26, 2017, the City received the application materials for new On-Sale W ine and 3.2 Percent Malt Liquor lic enses, with outside service, for L RFC, L L C d/b/a Local Roots Food & C offee located at 817 66th Street East. Loc al Roots Food & Coffee is a new addition to the City of Richfield that will be oc cupy ing the space previously held by Ric hfield Floral. All required information and documents have been received. All licensing fees have been paid. The Public Safety background investigation has been completed. The results of the investigation are summarized in an attac hment to this report. The P ublic Safety Director has reviewed the bac kground investigation report. There is nothing in the report that would cause the Public S afety D irec tor to rec ommend denial of the requested lic enses. RE C O M M E ND E D AC T IO N: Conduct and close the public hearing and by motion: Approve the issuance of new On-Sale W ine and 3.2 Percent Malt Liquor licenses, with outside service, for L R F C, L L C d/b/a Local Roots Food & Coffee located at 817 66th Street East. B AS IS O F RE C O M M E ND AT IO N: A.H IS TOR IC AL C ON TEXT The applic ant has satisfied the following requirements for issuance of licenses: The required license fees have been paid. Real estate taxes are current. P roof of c ommercial and liquor liability insurance have been rec eived showing The Travelers I ndemnity Company as affording c overage. As a result of this being a new request for On-Sale W ine and 3.2 P erc ent Malt Liquor lic enses, with outside service, there is no need for an ac countant's statement regarding food/alc ohol ratio. As stated in the Executive Summary, the Public Safety Director has reviewed the background information and sees no basis for denial. On-S ale W ine and 3.2 Percent Malt Liquor lic enses, with outside services, require owners of these establishments to c omply with Resolution No. 9511, which outlines the disc ipline they can expect if any ongoing problems occ ur. A c opy of this resolution has been given to the owners of the establishment. There are no distanc e requirements to notify neighbors of the issuanc e of On-Sale W ine and 3.2 Perc ent Malt Liquor lic enses. The Notice of Public Hearing was published in the Richfield Sun Current on D ec ember 28, 2017. B.P OL IC IE S (resolutions, ordinances, regulations, statutes, etc): Richfield C ity Code Section 1202 requires owners of On-Sale W ine and 3.2 Percent Malt Liquor license establishments to c omply with all the provisions of both City Code and State Statutes. C.C R IT IC AL T IMIN G ISSU E S: There are no critic al timing issues. D.F IN AN C IAL IMPAC T: Licensing fees have been received. E.L E GAL C ON S ID E R AT ION : The requirements of Resolution No. 9511 must be met, which outlines the disc ipline they c an expect if any on-going problems occ ur. A c opy of this resolution has been given to the owners of the establishment. ALT E R N AT IV E R E C O MME N D AT IO N(S): The C ounc il could decide to deny the requested lic enses, whic h would mean the c urrent applicants would not be able to serve On-Sale W ine and 3.2 Percent Malt Liquor; however, Public Safety has found no basis to deny the lic ense. Schedule the hearing for another date; however, this will delay the licensing process. P R IN C IPAL PAR TIE S EXP E C T E D AT ME E T IN G: Courtney Norgaard - President/On Premise Manager AT TAC H ME N TS : D escripti on Type L ocal Roots F ood & C offee- B ackground S ummary C over Memo SUMMARY OF BACKGROUND INVESTIGATION FOR LRFC, LLC D/B/A LOCAL ROOTS FOOD & COFFEE Officers: Courtney Norgaard – President Marcus Hampton – Vice President Criminal Histories: Criminal history checks were conducted on the applicants. Courtney Norgaard who is the President and is also serving as the On-Premise Manager only shows minor traffic violations. Marcus Hampton shows minor traffic violations and a Gross Misdemeanor DWI conviction in 2003. The applicants showed no convictions that would prevent them from holding or being party to a liquor license. Premises: The applicants have provided a copy of the rental agreement showing Arrangements Unlimited holding financial interest as lessor of the property. Record of Service Calls: Being this is a new business, there are no records of service calls. Violations: Being this is a new business, there are no violations for sale of alcohol to underage youth. Routine Information: On sale Wine and 3.2 Percent Malt liquor licenses require owners of these establishments to comply with Resolution No. 9511, which outlines the discipline they can expect if any ongoing problems occur. A copy of this resolution has been given to the owners of the establishment. There are no distance requirements to notify neighbors of the issuance or renewal of On Sale Wine and 3.2 Percent Malt Liquor licenses. The notice of Public Hearing was published in the Richfield Sun Current on December 28, 2017. AGENDA SECTION:PUBLIC HEARINGS AGENDA ITEM #6. STAFF REPORT NO. 13 CIT Y COUNCIL ME E T ING 1/9/2018 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: J ohn S tark, C ommunity D evelopment D i rector 1/2/2018 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 1/2/2018 I T E M F O R C O UNC I L C O NS I D E RAT IO N: Public hearing and consideration of an appeal to the B oard of Adjustments and Appeals regarding the Planning Commission's denial of a variance to reduce setback requirements for a garage at 6400 Pillsbury Avenue. E X E C UT IV E S UM M ARY: In summer of 2017, City staff became aware of a newly built garage at 6400 Pillsbury Avenue, a single-family residential property on a corner lot. Despite several conversations and site visits with City staff prior to construction, the property owner (Mr. Emery) built the garage without acquiring the necessary building permits from the Inspections Division. Planning staff first discussed garage and driveway regulations with the Mr. Emery in April 2015. Planning staff again discussed regulations with Mr. Emery in January 2016, and informed him that a 3-foot setback was not allowed without a variance. T he Building Official met with Mr. Emery in March 2016 to discuss Building Code and Zoning Code requirements, including setbacks. A demolition permit was issued on May 6, 2016 for removal of the old garage. However, Mr. Emery never applied for a building permit for construction of the new garage. Upon discovery of the new garage in summer 2017, the Inspections Division issued a violation notice to Mr. Emery on August 31, 2017. After receiving the notice, Mr. Emery submitted a variance application on October 6, 2017. T he violation notice and variance application are included as attachments to this report. The garage does not meet the setbac k requirements specified in the Zoning Code. On c orner lots, the side setbac k requirement for detached garages is 12 feet. The intent of the street side setback requirement is to maintain a consistent aesthetic throughout the c ommunity. Street side setbac ks are larger than interior side setbac ks because this side of the property fac es the public street and functions more like a secondary front yard. The previous garage on the property was set bac k just 6 feet from the lot line. T here is a provision in the Zoning Code that allows for the expansion of existing structures with nonconforming setbacks. Under this provision, Mr. Emery could have built a new, larger garage of this size, as long as the existing 6-foot setback was maintained. In meetings with City staff, Mr. Emery was made aware of this allowance. T here is no provision in the Zoning Code that would allow a reduction of the setback to 3 feet, aside from requesting a variance. T here are six criteria that must be met in order to grant a variance. Staff has recommended denial of the variance based on a failure to meet all of the requirements. Specifically, strict enforcement of the setback requirement would not cause a practical difficulty that would prevent the property owner from using the property in a reasonable manner. A generous two-car garage is 28 ft. wide x 24 ft. deep. Mr. Emery has constructed a 36-foot wide garage without permits and in the setback when he could have legally built a 33-foot wide garage or removed a tree from the property to allow the garage to meet setback requirements. Further, there are no unique circumstances that apply to the property that do not apply generally to other corner properties in the single-family residential district or in the vicinity. And finally, the circumstances that create the necessity for a variance cannot have been created by the property owner. Mr. Emery constructed the garage in the current location despite having known that it was not permitted. On November 27, 2017, the Planning Commission held a public hearing and voted (4-2) to deny the variance, finding that the request does not meet the necessary requirements. T he City Council, serving as the Board of Adjustments and Appeals, may hear and decide appeals of any decision made final by the Planning Commission. If this variance appeal were to be denied (as recommended), then the property owner would need to modify the structure in a manner that complies with the zoning ordinance. RE C O M M E ND E D AC T IO N: Conduct and close a public hearing and by motion: Adopt a resolution denying an appeal from the decision of the Planning C ommission and affir ming the Planning Commission's decision to deny a variance to reduce setback requirements for a garage at 6400 Pillsbury 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): The property at 6400 Pillsbury Avenue is zoned Single Family Residential (R). Building setbac ks are regulated by Zoning Code Subsection 514.13, Subdivision 2. The corner side lot line of a property is a lot line that abuts a public street, that is not the front lot line. The corner side setback requirement for acc essory buildings is 12 feet. The previous garage on the property was set bac k 6 feet from the corner side lot line. Subsection 509.25, S ubdivision 5 regulates enlargement of nonc onforming structures. This section would have allowed the property owner to construct a larger garage on the existing 6-foot setback, but the setback c annot be reduced below 6 feet without a variance. The applic ant is requesting a variance to reduce this requirement to 3 feet. The findings nec essary to approve or deny a varianc e are as follows (Subsection 547.11): 1. There are “practical difficulties” that prevent the property owner from using the property in a reasonable manner. Stric t enforc ement of the Zoning C ode subsection listed above would not c ause a practical difficulty. The property owner could have either built the garage 3 feet narrower (33 feet wide instead of 36 feet wide), or removed a tree from the property to allow the garage to meet setbac k requirements. Ec onomic considerations alone do not qualify as a practic al difficulty. Prac tical difficulties inc lude, but are not limited to, inadequate acc ess to direct sunlight for solar energy systems, etc. 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, and such circumstances were not created by any persons presently having an interest in the property. No unique circ umstances apply to the property that do not apply generally to other corner properties in the single-family residential district or in the vic inity. Mr. Emery has c reated his present c ircumstanc es by failing to comply with known regulations. 3. The variance would not alter the character of the neighborhood or the locality. Granting a variance to allow the garage to be set back 3 feet from the corner side lot line will not alter the character of the neighborhood. 4. The variance is the minimum necessary to alleviate the practical difficulty. The variance requested is the not the minimum necessary to allow a signific antly larger garage than the previous garage. The property owner c ould have built the garage 3 feet narrower to allow the garage to meet setbac k requirements. No prac tical diffic ulty exists. 5. The variance is in harmony with the general purpose and intent of the ordinance and consistent with the Comprehensive Plan. The variance requested is not in harmony with the intent of the zoning ordinance. The intent of the street side setback requirement is to maintain a consistent aesthetic throughout the c ommunity. Street side setbac ks are larger than interior side setbacks because this side of the property also func tions like a secondary front y ard. The Zoning C ode does allow for significant reduction of this requirement for existing c onditions. I n accordanc e with these findings, on November 27, 2017 the Planning C ommission denied the variance application. The Board of Adjustments and A ppeals is established pursuant to City C ode Sec tion 547.05 and Minnesota S tatutes Sec tion 462.354. The City C ounc il serves as the B oard of Adjustments and Appeals to hear and decide appeals of any dec ision made final by the P lanning C ommission. 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 November 28, 2017. A decision is required by J anuary 27, 2018 or the Council must notify the applicant that it is extending the deadline (up to a maximum of 60 additional days or 120 days total) for issuing a dec ision. D.F IN AN C IAL IMPAC T: There is no financial impac t to the C ity. E.L E GAL C ON S ID E R AT ION : Notic e of this public hearing was published in the Richfield Sun Current newspaper on December 28, 2017 and mailed to properties within 350 feet of the site on December 26, 2017. 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: W ard Emery, applicant AT TAC H ME N TS : D escripti on Type Resolution Resolution L etter P roperty S urveys and A erial P hotos B ackup Materi al Violation Noti ce 8/31/17 B ackup Materi al Variance A ppli cation & P etition B ackup Materi al P lanning C ommission Resolution & Minutes 112717 B ackup Materi al M N S tatutes 462.354 Ordinance RESOLUTION NO. RESOLUTION DENYING AN APPEAL FROM THE DECISION OF THE PLANNING COMMISSION AND AFFIRMING THE PLANNING COMMISSION’S DECISION TO DENY A VARIANCE TO REDUCE SETBACK REQUIREMENTS FOR A GARAGE AT 6400 PILLSBURY AVENUE WHEREAS, an application was filed with the City of Richfield requesting approval of a variance on the parcel of land commonly known as 6400 Pillsbury Avenue (the “property”) and legally described as: Lot 1, Block 5, Rearrangement of Nicollet Homes 2nd Addition, Hennepin County, Minnesota WHEREAS, the property is located in the Single-Family Residential (R) zoning district and Richfield Zoning Code Subsection 514.13, Subdivision 2 states that the corner side setback requirement for garages is 12 feet; and WHEREAS, the garage is set back 2.9 feet from the corner side lot line; 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 Planning Commission of the City of Richfield held a public hearing and denied the variance application at its November 27, 2017 meeting; and WHEREAS, the City Council serves as the Board of Adjustments and Appeals, to hear and decide appeals of any decision made final by the Planning Commission, pursuant to Richfield Zoning Code Section 547.05 and Minnesota Statutes 462.354; and WHEREAS, an application has been filed with the Board of Adjustments and Appeals requesting appeal from the decision of the Planning Commission; and WHEREAS, the City Council held a public hearing for the requested appeal from the Planning Commission decision at its January 9, 2017 meeting; and WHEREAS, notice of the public hearing was published in the Sun-Current and mailed to properties within 350 feet of the subject property; and NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RICHFIELD, ACTING AS THE BOARD OF ADJUSTMENTS AND APPEALS, HEREBY RESOLVES AS FOLLOWS: 1. The City Council adopts as its Findings of Fact the WHEREAS clauses set forth above, as well as the following: With respect to the application for a variance to the corner side setback requirement, the City Council makes the following findings: a. Strict enforcement of Zoning Code Subsection 514.13, Subd. 2 would not cause a practical difficulty. The property owner could have either built the garage 3 feet narrower or removed a tree from the property to allow the garage to meet setback requirements. Economic considerations alone do not qualify as a practical difficulty. b. No unique circumstances apply to the property that do not apply generally to other corner properties in the single-family residential district or in the vicinity. d. The variance requested is the not the minimum necessary to alleviate the practical difficulty. No practical difficulty has been established as the provisions of the Zoning Code and the property dimensions would have allowed a significantly larger garage that met setback requirements. e. The variance requested is not in harmony with the intent of the zoning ordinance and will adversely impact the aesthetics of the community. The intent of the street side setback requirement is to maintain a consistent aesthetic throughout the community. Street side setbacks are larger than interior side setbacks because this side of the property also functions like a secondary front yard. The Zoning Code does allow for significant reduction of this requirement for existing conditions. 2. Based on the foregoing findings, the application for an appeal from the Planning Commission decision denying a variance to the corner side setback requirement is denied. 3. The applicant is ordered to bring the garage into compliance with the provisions of the Richfield Zoning Code within 180 days and to pay all required permit fees and penalties. Adopted by the City Council of the City of Richfield, Minnesota this 9th day of January 2018. _______________________ Pat Elliott, Mayor ATTEST: ___________________________ Elizabeth VanHoose, City Clerk EMAIL: WBLANDSURVEY@AOL.COM 8030 Cedar Avenue So., Suite 228. Bus: (952) 854-4055 Fax: (952) 854-4268 Bloomington, MN 55425 W. BROWN LAND SURVEYING, INC. Woodrow A. Brown, R.L.S. MN REG 15230 REFERENCE SCALEJOB NO. DRAWN BOOK/PAGE SHEET REVISIONS DATE REMARKS PROPERTY DESCRIPTION SITE ADDRESS BENCHMARK Dated: W. BROWN LAND SURVEYING, INC. B W 10-05-2017 N SCALE IN FEET EXISTING CONDITION SURVEY FOR: WARD EMERY Legend Community Development Inspection Division 6700 PORTLAND AVENUE, RICHFIELD, MINNESOTA 55423 -2599 NON -EMERGENCY 612.861.9800 EMERGENCY 911 w w w . r i c h f i e l d m n . g o v A N E Q U A L O P P O R T U N IT Y E MP L O Y E R MAYOR PAT ELLIOTT CITY COUNCIL EDWINA GARCIA MICHAEL HOWARD MARIA REGAN GONZALEZ SIMON TRAUTMANN CITY MANAGER STEVEN DEVICH NOTICE OF VIOLATION August 31, 2017 Ward Emery 6400 Pillsbury Ave S Richfield, MN 55423 Subject: New Garage Dear Mr. Emery, It has come to my attention that you have constructed a new detached garage on your property which is in violation of MN Rules 1300.0140. You did not obtain a building permit as required by MN Rules 1300.0120. You did not schedule any of the required inspections for the new garage as required by MN Rules 1300.0210. I notified you of all of these requirements before you built the garage. I met with you at the site on March 23, 2016 and explained the requirements for building permits and zoning requirements. You were told the side building setback is 12 feet from the street side property line per Richfield Zoning Code 514.13. I called you on August 3, 2017 to ask about the new garage and you indicated that you built the garage with about a 3 foot street side setback. You were clearly informed of the building permit and 12 foot street side setback requirements before you began construction of the garage. There may be additional violations such as, but not limited to, the size of the garage, rear setback, exceeding lot coverage, and exceeding impervious surface. These potential violations would need to be confirmed by an inspection. You are hereby notified that the violations must be abated by one of the following actions: 1. Remove the detached garage from the property. This will require a moving permit or building demolition permit. 2. Submit building plans with a certificate of survey and a building permit application for the new garage in compliance with the Minnesota State Building Code and Richfield Zoning Code. At a minimum, this will require the garage to be relocated on the property or part of the garage to be removed to comply with the setback requirements. You will also need to verify the construction is in compliance with the Minnesota State Building Code which will require removal of some finishes to expose the framing and sheathing for inspection. 3. You could apply for a variance from setback requirements (Zoning Code Section 514.13). You will need to submit the Variance Application and a certificate of survey. The survey will need to include dimensions and setbacks of all buildings, driveways, and sidewalks. However, it is unlikely that staff would recommend approval of this variance, as the required findings for issuing a variance are not met. Even if your 6400 Pillsbury 8-31-17 Page 2 setback variance is approved, you will need to submit a building permit application, plans, and inspections as indicated above because building code requirements would still be mandatory. Please submit a written response to this letter and indicate which of the above actions you will take to bring your property in compliance and submit all applications and plans before September 8, 2017. The violations must be corrected by November 1, 2017. I have enclosed handouts for a detached garage and variance information, and a variance application. Please call if you have any questions at 612-861-9862 or email at RRegnier@richfieldmn.gov. Sincerely Richard Regnier Chief Building Official Copy: John Stark, Community Development Director Mary Tietjen, City Attorney RESOLUTION NO. 219 RESOLUTION OF THE RICHFIELD PLANNING COMMISSION DENYING A VARIANCE AT 6400 PILLSBURY AVENUE WHEREAS, an application has been filed with the City of Richfield which requests approval of a variance on the parcel of land commonly known as 6400 Pillsbury Avenue (the “property”) and legally described as: Lot 1, Block 5, Rearrangement of Nicollet Homes 2nd Addition, Hennepin County, Minnesota WHEREAS, the property is located in the Single-Family Residential (R) district and the garage is set back 2.9 feet from the corner side lot line; and WHEREAS, Subsection 514.13, Subdivision 2 states that the corner side setback requirement for accessory garages is 12 feet; 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 Planning Commission of the City of Richfield held a public hearing for the requested variance at its November 27, 2017 meeting; and WHEREAS, notice of the public hearing was published in the Sun -Current and mailed to properties within 350 feet of the subject property; and NOW, THEREFORE, BE IT RESOLVED, by the Planning Commission of the City of Richfield, Minnesota, as follows: 1. The Planning Commission adopts as its Findings of Fact the WHEREAS clauses set forth above, as well as the following: 2. With respect to the application for a variance from the above-listed requirements, the Planning Commission makes the following findings: a. Strict enforcement of the Zoning Code subsection listed above would not cause a practical difficulty. The property owner could have either built the garage 3 feet narrower or removed a tree from the property to allow the garage to meet setback requirements. b. No unique circumstances apply to the property that do not apply generally to other properties in the single-family residential district or in the vicinity. c. Granting a variance to allow the garage to be set back 3 feet from the corner side lot line will alter the character of the neighborhood by allowing an accessory structure significantly closer to a lot line abutting a public street than permitted by the Zoning Code. d. The variance requested is the not the minimum necessary to allow a significantly larger garage than the previous garage. The property owner could have either Planning Commission Minutes November 27, 2017 MEMBERS PRESENT:Vice Chairperson Sean Hayford Oleary,Commissioners Allysen Hoberg, Gordon Vizecky,Dan Kitzberger, Bryan Pynn,and Susan Rosenberg STAFF PRESENT:Melissa Poehlman,Assistant Community Development Director OTHERS PRESENT:Ward Emery, 6400 Pillsbury Avenue Dustin Cochart,6342 Pillsbury Avenue Anthony Schwendeman, 6400 Pillsbury Avenue Javier Ayala, 6420 Pillsbury Avenue Ginny Morin, 6415 Pillsbury Avenue Brien Hall, 6945 17th Avenue Vice Chairperson Hayford Oleary called the meeting to order at 7:00 p.m. APPROVAL OF MINUTES M/Vizecky, S/Rosenberg to approve the minutes of the October 23, 2017 work session and regular meeting. Motion carried:6-0 ITEM #1 APPROVAL OF AGENDA M/Vizecky, S/Hoberg to approve the agenda. Motion carried:6-0 OPEN FORUM No members of the public spoke. OTHER BUSINESS ITEM #2 PC Letter #12 –Election of Planning Commission Chairperson. M/Hoberg, S/Rosenberg to elect Commissioner Hayford Oleary as Chairperson. Motion carried: 6-0 M/Hayford Oleary, S/Rosenberg to elect Commissioner Pynn as Vice-Chairperson. Motion carried: 6-0 ITEM #3 PC Letter #13 –Consideration of a resolution finding that the following are consistent with the Richfield Comprehensive Plan: 1) The modification to the Redevelopment Plan for the Richfield Redevelopment Project Area and the Tax Increment Plan for the Cedar Avenue TIF District; 2) The Tax Increment Financing Plan for the 2017 -1 (Chamberlain) Tax Increment Financing District; and 3) The sale of property to Chamberlain Apartments LLC for construc tion of a 283 unit multi-family housing project (The Chamberlain). Assistant Community Development Director Melissa Poehlman presented the staff report. M/Hoberg, S/Pynn to approve the resolution. Motion carried:6-0 November 27, 2017 2 PUBLIC HEARING(S) ITEM #4 17-VAR-09 –Consideration of a request for a variance to reduce setback requirements for a garage at 6400 Pillsbury Avenue. Poehlman presented the staff report. In response to a question from Commissioner Pynn,Poehlman stated that the purposes of the corner side setback requirement included visibility, aesthetics, and consistency. Ward Emery (6400 Pillsbury Avenue) and four residents from the surrounding area spoke in favor of the variance for the garage. M/Rosenberg, S/Vizecky to close the public hearing. Motion was not carried, and the public hearing remained open for additional discu ssion. M/Vizecky, S/Kitzberger to close the public hearing. Motion carried:6-0 Commissioner Pynn stated that approving the variance could set a precedent for other people to break the rules and ask for forgiveness later, but was inclined to support the variance regardless.Commissioner Rosenberg stated that the applicant knew the rules beforehand ,and stated concern with setting precedent. In response to a question from Commissioner Kitzberger , Poehlman stated that if the variance were denied, the applicant would have the opportunity to appeal that decision to the City Council. If the variance were denied, the garage would have to be modified or moved to comply with City Code. M/Pynn, S/Hoberg to approve the variance application for 6400 Pillsbury Avenue. Motion failed:2-4 (Hayford Oleary, Vizecky, Hoberg, and Rosenberg opposed) M/Rosenberg, S/Vizecky to deny the variance application for 6400 Pillsbury Avenue. Motion carried:4-2 (Hoberg and Pynn opposed) ITEM #5 PC Letter #14 –Conduct a public hearing and consider revisions to the City's Zoning Ordinance related to construction standards to mitigate the impact of airport noise. Assistant Community Development Director Melissa Poehlman presented the staff report. In response to a question from Commissioner Vizecky,Poehlman stated that the ordinance was not intended to apply to accessory structures. Brien Hall,6945 17th Avenue,stated concern with lowering the standards for residential construction. M/Vizecky, S/Vrieze Daniels to close the public hearing. Motion carried:6-0 In response to a question from Commissioner Hoberg, Poehlman stated that these standards related purely to noise, and did not address low-frequency vibration. November 27, 2017 3 M/Vizecky,S/Rosenberg to recommend approval of the ordinance amendment. Motion carried:6-0 LIAISON REPORTS Community Services Advisory Commission:No report City Council:Commissioner Rosenberg –No report HRA:Commissioner Hoberg –No report Richfield School Board:Commissioner Kitzberger gave a recap of the election results. Transportation Commission:Commissioner Hayford Oleary –D Line bus rapid transit update Chamber of Commerce:Commissioner Vizecky –Holiday party Dec. 14 CITY PLANNER’S REPORT Poehlman noted that a new Assistant Planner had been hired. ADJOURNMENT M/Vizecky, S/Pynn to adjourn the meeting. The meeting was adjourned by unanimous consent at 8:22 p.m. __________________________ Planning Commission Secretary 462.354 ORGANIZATION FOR PLANNING. Subdivision 1.Planning agency.A municipality may by charter or ordinance create a planning agency. A planning agency created by ordinance may be abolished by two-thirds vote of all the members of the governing body.The planning agency shall be advisory,except as other powers and duties are imposed on it by sections 462.351 to 462.364,by statute,by charter,or by ordinance consistent with the municipal charter.The planning agency may take the following alternative forms: (1)It may consist of a planning commission,which may or may not include municipal officials among its members.The planning commission may be provided with staff which may be a division of the administrative structure of the municipal government.The commission shall be advisory directly to the governing body. (2)It may consist of a planning department with a planning commission advisory to it and shall function as a department advisory to the governing body and the municipal administration.The planning department may be provided with an executive director and other staff as in the case of other municipal departments. Subd.2.Board of adjustments and appeals.The governing body of any municipality adopting or having in effect a zoning ordinance or an official map shall provide by ordinance for a board of appeals and adjustments.The board shall have the powers set forth in section 462.357,subdivision 6 and section 462.359, subdivision 4.Except as otherwise provided by charter,the governing body may provide alternatively that there be a separate board of appeals and adjustments or that the governing body or the planning commission or a committee of the planning commission serve as the board of appeals and adjustments,and it may provide an appropriate name for the board.The board may be given such other duties as the governing body may direct. In any municipality where the council does not serve as the board,the governing body may,except as otherwise provided by charter,provide that the decisions of the board on matters within its jurisdiction are final subject to judicial review or are final subject to appeal to the council and the right of later judicial review or are advisory to the council.Hearings by the board of appeals and adjustments shall be held within such time and upon such notice to interested parties as is provided in the ordinance establishing the board. The board shall within a reasonable time make its order deciding the matter and shall serve a copy of such order upon the appellant or petitioner by mail.Any party may appear at the hearing in person or by agent or attorney.Subject to such limitations as may be imposed by the governing body,the board may adopt rules for the conduct of proceedings before it.Such rules may include provisions for the giving of oaths to witnesses and the filing of written briefs by the parties.The board shall provide for a record of its proceedings which shall include the minutes of its meetings,its findings,and the action taken on each matter heard by it, including the final order.In any municipality in which the planning agency does not act as the board of adjustments and appeals,the board shall make no decision on an appeal or petition until the planning agency, if there is one,or a representative authorized by it has had reasonable opportunity,not to exceed 60 days, to review and report to the board of adjustments and appeals upon the appeal or petition. History:1965 c 670 s 4;1967 c 493 s 1 Copyright ©2017 by the Revisor of Statutes,State of Minnesota.All Rights Reserved. 462.354MINNESOTASTATUTES20171 Subd. 6.Appeals and adjustments.Appeals to the board of appeals and adjustments may be taken by any affected person upon compliance with any reasonable conditions imposed by the zoning ordinance. The board of appeals and adjustments has the following powers with respect to the zoning ordinance: (1)Tohearanddecideappealswhereitisallegedthatthereisanerrorinanyorder,requirement,decision, or determination made by an administrative officer in the enforcement of the zoning ordinance. (2) To hear requests for variances from the requirements of the zoning ordinance including restrictions placed on nonconformities. Variances shall only be permitted when they are in harmony with the general purposes and intent of the ordinance and when the variances are consistent with the comprehensive plan. Variances may be granted when the applicant for the variance establishes that there are practical difficulties in complying with the zoning ordinance. "Practical difficulties," as used in connection with the granting of a variance, means that the property owner proposes to use the property in a reasonable manner not permitted by the zoning ordinance; the plight of the landowner is due to circumstances unique to the property not created by the landowner; and the variance, if granted, will not alter the essential character of the locality. Economic considerations alone do not constitute practical difficulties. Practical difficulties include, but are not limited to, inadequate access to direct sunlight for solar energy systems. Variances shall be granted for earth sheltered construction as defined in section 216C.06, subdivision 14, when in harmony with the ordinance. The board of appeals and adjustments or the governing body as the case may be, may not permit as a variance any use that is not allowed under the zoning ordinance for property in the zone where the affected person's land is located. The board or governing body as the case may be, may permit as a variance the temporary use of a one family dwelling as a two family dwelling. The board or governing body as the case may be may impose conditions in the granting of variances. A condition must be directly related to and must bear a rough proportionality to the impact created by the variance. Copyright © 2017 by the Revisor of Statutes, State of Minnesota. All Rights Reserved. 462.357MINNESOTA STATUTES 20175 a) b) c) 547.05. - Board of Adjustments and Appeals. Subdivision 1. Establishment. The Board of Adjustments and Appeals is established and continued pursuant to Minnesota Statutes, Section 462.354. Subd. 2. Short name. The Board of Adjustments and Appeals shall be referred to as the "Board" in this Section 547. Subd. 3. Council as Board. The City Council shall serve as the Board of Adjustments and Appeals. Subd. 4. Powers. The Board shall have the following powers: To hear and decide appeals where it is alleged that there is an error in any order, requirement, decision, or determination made by the Director in the interpretation or enforcement of this Code; To hear and decide variances to the literal provisions of this Code when said variances are processed in conjunction with another planning and zoning application that requires the approval of the City Council; and To hear and decide appeals of any decision made nal by the Planning Commission. (Amended, Bill No. 2007-7; amended, Bill No. 2014-5) Subd. 5. Application. Except as otherwise provided for by this Code, an application/request for an adjustment or appeal shall be made to the Director by written notice within ten (10) days of the decision. Subd. 6. Fee. The fee for an appeal is set by Appendix D of the City Code. Subd. 7. Public hearing. Upon receipt of a written notice requesting an adjustment or appeal, the Board may set a time and place for a public hearing on the request. At least ten (10) days before the date of any such hearing, a notice of the hearing shall be published once in the ocial newspaper. Subd. 8. Procedures. The Director shall prepare reports and other necessary information for the Board. The Board shall make a decision regarding any matter before it by adopting ndings within the time period required by State law. A copy of the Board's decision shall be served by mail upon the person requesting the adjustment or appeal. Subd. 9. Compliance. In all cases in which adjustments or appeals are granted under the provisions of this subsection, the Board may require such evidence and guarantees as it deems necessary to ensure compliance with any conditions placed upon such granting. AGENDA SECTION:PROPOSED ORDINANCES AGENDA ITEM #7. STAFF REPORT NO. 14 CIT Y COUNCIL ME E T ING 1/9/2018 RE P O RT P RE PA RE D B Y: Taylor B urandt, A dministrative A ide/A nalyst D E PA RTM E NT D IRE C TOR RE V IE W: K ristin A sher, P ublic Works D irector 1/4/2018 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 1/4/2018 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 second r eading of an ordinance adding C ity Code Section 430 pertaining to shor e land management and a resolution authorizing summar y publication. E X E C UT IV E S UM M ARY: The purpose of the S hore Land Management Ordinanc e is to implement regulations conc erning the use, development, and alteration of c ertain shore areas in the City of Richfield in complianc e with direc tives and requirements of Minnesota Statutes, Section 103F.221, Subd. 1. These regulations are adopted in order to protec t the natural c harac teristic s of such shore areas to prevent pollution, minimize flood damage, and manage the effec ts of shore area crowding and development. A significant portion of the designated public waters within Richfield (W ood Lake, Ric hfield Lake, and Legion Lake) are surrounded by park land with no development possibilities. I n areas where improvements on public or private lands surrounding these public waters have been proposed in the past, staff c onsidered the Department of Natural Resources (D NR) recommendations in all reviews. This ordinance would formalize those D NR recommendations at a City level with referenc es specific to the public waters within Richfield's jurisdic tion. There are 17 total properties within the setbacks of the three lakes; however, these properties will only be held to setbac k requirements should they redevelop. I t is in the best interest to adhere to the D NR recommendations to ensure the wise development of shore lands of public waters and thus preserve and enhance the quality of surface waters, c onserve the natural environment values, and provide for the wise utilization of waters and related land resourc es. RE C O M M E ND E D AC T IO N: By motion: 1. Approve a second reading of an ordinance adding C ity Code Section 430 pertaining to shore land management. 2. Approve a r esolution approving summary publication of new City Code Section 430 pe rtaining to shore land management. B AS IS O F RE C O M M E ND AT IO N: A.H IS TOR IC AL C ON TEXT City C ounc il approved the first reading of the ordinanc e on December 12, 2017. See Exec utive Summary for all relevant information. B.P OL IC IE S (resolutions, ordinances, regulations, statutes, etc): Minnesota Statute, Section 103F.221, Subd. 1 and rules adopted pursuant. Sec tion 430 will be inc luded under Chapter I V of Richfield City C ode. The C ity Charter requires a first and second reading of ordinances. C.C R IT IC AL T IMIN G ISSU E S: Having a loc al shore land ordinance in place will provide regulation specific to Richfield water bodies and independent of changes at the state level, whic h will make reviews of proposed development and land changes within the shore land distric ts easier to perform and enforce. D.F IN AN C IAL IMPAC T: None E.L E GAL C ON S ID E R AT ION : The C ity Attorney has reviewed the draft ordinanc e and will be available to answer questions. ALT E R N AT IV E R E C O MME N D AT IO N(S): 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 S horeland Management Ordinance Ordinance O H W L S etback Map E xhibit Resolution Resolution L etter 1 BILL NO. _____ AN ORDINANCE AMENDING CHAPTER IV OF THE RICHFIELD CODE OF ORDINANCES BY ADDING A NEW SECTION 430 RELATING TO SHORELAND MANAGEMENT THE CITY OF RICHFIELD DOES ORDAIN: Section 1. A new Section 430 is inserted into the Richfield City Code as follows: SECTION 430. – SHORELAND MANAGEMENT 430.01. – Statutory Authority. This Section is adopted pursuant to the authorization and policies contained in Minnesota Statutes, Chapter 103F, Minnesota Regulations, Parts 6120.2500 – 6120.3900, and Minnesota Statutes, Chapter 462. 430.02. – Purpose. The uncontrolled use of shorelands of the City of Richfield affects the public health, safety and general welfare by contributing to pollution of public waters and by impairing the local tax base. It is, therefore, in the best interests of the public health, safety and welfare to provide for the wise development of shorelands of public waters and thus preserve and enhance the quality of surface waters, conserve the economic and natural environmental values of shorelands, and provide for the wise utilization of waters and related land resources. The purpose of this Section is to implement regulations concerning the use, development, and alteration of certain shore areas in the City of Richfield in compliance with directives and requirements of Minnesota Statutes, Section 103F.221, Subd. 1 and rules adopted pursuant thereto. These regulations are adopted in order to protect the natural characteristics of such shore areas and adjacent water areas to prevent the pollution of surface and ground waters to minimize flood damage, to manage the effects of shore area crowding and development, and to maintain shore area property values. 430.03. – Jurisdiction. Subdivision 1. Applicability. The provisions of this Section shall apply to the shoreland district in the City, as defined in Subdivision 3. Subd. 2. Exemptions. Pursuant to Minnesota Regulations, Parts 6120.2500 - 6120.3900, no lake, pond, or flowage less than 10 acres in size is subject to the regulations in this Section. A body of water created by a private user where there was no previous shoreland may, at the discretion of the governing body, be exempted from this Section. 2 Subd. 3. Protected Waters and Classifications. The provisions of this Section shall apply to the shore areas of the following public waters, as identified by the DNR. DNR # DNR Classification Ordinary High Water Level Richfield Lake 27002100 Recreational Development 826.1 ft Wood Lake 27002600 Recreational Development 820.7 ft Legion Lake 27002400 Natural Environment Elevation not established Subd. 4. Other Regulations. Unless specifically stated to the contrary, the provisions of this Section shall be in addition to, and not in derogation of, other statutes, regulations, or ordinances, affecting shore areas. If both these regulations and other regulations impose similar restrictions upon shore areas, the more restrictive regulation shall apply. - 430.04. – Definitions. Subdivision 1. For purposes of this Section, the following words and terms will have the meanings as stated: Subd. 2. Backyard Appurtenant Structure – accessory structures under 100 square feet in size, including but not limited to : children's recreational equipment (e.g., swing set or sandbox); clotheslines; arbors and trellises; outdoor fireplaces or grills; permanent benches; utility wires or poles; other public sewer, water, and gas utility appurtenances; flag poles; walls and fences less than six (6) feet in height; landscaping retaining walls; dog enclosures. Subd. 3. Best Management Practices - the methods and practices described in the Minnesota Pollution Control Agency's "Protecting Water Quality in Urban Areas", commonly known as "Best Management Practices In Minnesota". Subd. 4. Deck - a horizontal, unenclosed platform with or without attached railings, seats, trellises, or other features, attached or functionally related to the principal use of the site. Subd. 5. DNR - Minnesota Department of Natural Resources. Subd. 6. Exotic species - flora and fauna that are not indigenous to Minnesota, as determined by the DNR, the City, or other public agency. Subd. 7. Noxious weed - those weeds so defined in Minnesota Statues Section 18.77, subd. 8, or any plant which is identified and placed by Hennepin County on its noxious weed list. Subd. 8. Ordinary high water level (OHWL) - the boundary of public waters, which is the elevation delineating the highest water level which has been maintained for a sufficient period of time to leave evidence upon the landscape, commonly that point where the natural 3 vegetation changes from predominantly aquatic to predominantly terrestrial. The OHWLs for those public waterbodies governed by this Section are listed in subsection 430.03, subd. 3. Subd. 9. Paved area - any impervious ground surface area created by means of concrete, asphalt, brick, mortar, or other materials. Subd. 10. Public waterbody - the lakes listed in the table in subsection 430.03, subd. 3. Subd. 11. Shoreland district - all land in the City lying within 1,000 feet from the Ordinary High Water Level (OHWL) of the public waterbodies listed in subsection 430.03, subd. 3. Subd. 12. Shore area impact zone - all land between the ordinary high water level and a line parallel to it at a setback of 50 percent of the structure setback, as detailed below. Shore Impact Zone Richfield Lake 37.5’ Wood Lake 37.5’ Legion Lake 75’ Subd. 12. Vegetation - flora of any variety, including trees, shrubs, plants, and grass. Subd. 13. Watercraft landing facility - a dock, ramp, or other structure used to land watercraft. Subd. 14. Watercraft lift or storage facility - an unenclosed structure designed and used solely to raise water craft out of the water or for the storage of watercraft and related equipment. Subd. 15. Water-oriented accessory structure – a small, above ground building or other improvement, except stairways, stairway landings, lifts, fences, docks, and retaining walls, which, because of the relationship of its use with a public water body, reasonably needs to be located closer to public waters than the normal structure setback. Examples of such structures and facilities include boathouses, gazebos, screen houses, fish houses, pump houses, and detached decks. 430.05. – Permit Required. Unless otherwise exempted in this Section, a permit is required for any construction, grading, filling, excavation, impervious surface construction, or vegetation management within the shore area impact zone. 430.06. – Uses and Development Standards within the Shoreland District. 4 Subdivision 1. Permitted Uses. Permitted uses within the shoreland district shall be determined by the regulations of the underlying zoning district, as established in Appendix B of the City Code. Subd. 2. Lot area and width. Lot area and width standards for residential development by a public water body shall be governed by the regulations of the underlying zoning district, as established in Appendix B of the City Code. Subd. 3. Setback requirements. The following setbacks shall apply, except as exempted in subdivision 4. Setback of Structures from OHWL Richfield Lake 75’ Wood Lake 75’ Legion Lake 150’ Subd. 4. Structure setback exemptions. The following types of structures are exempt from the required structure setbacks in subd. 3, but are required to follow the standards in Subdivisions 5 and 6 of this subsection: a. Stairways, stairway landings, and pedestrian lifts; b. Watercraft landing facilities; c. Watercraft lift or storage facilities; d. Water-oriented accessory structures; e. Utility sheds; f. Decks g. Other backyard appurtenant structures; and h. Public park, beach, and marina facilities and other public improvements. Subd. 5 Height. The height of structures shall be governed by the underlying zoning district as established in Appendix B of the City Code. Subd. 6. Impervious surface coverage. Impervious surface coverage shall not exceed 10% in the shore area impact zone. 430.07. – Backyard Appurtenant and Water-Oriented Structures within the Shoreland District. Subdivision 1. Each residential lot may have one water-oriented accessory structure or facility located no closer to the OHWL than 10 feet. Subd. 2. All other backyard appurtenant and water-oriented structures shall be at least 10 feet from the OHWL. 5 Subd. 3. Performance Standards. a. All backyard appurtenant and water-oriented structures must be located so as to minimize the impact upon existing vegetation, and whenever reasonable in the most visually inconspicuous portions of lots, as viewed from the surface of the public waterbody, assuming summer, leaf-on conditions. b. The structure must not exceed twelve feet in height, exclusive of safety rails, and cannot occupy an area greater than 250 square feet; provided that utility sheds shall not exceed 120 square feet in area. Detached decks must not exceed eight feet above grade at any point. c. The roof of a structure may be used as a deck with safety rails, but must not be enclosed or used as a storage area. d. The structure must not be designed or used for human habitation and must not contain water supply or sewage treatment facilities. e. The following standards shall apply to attached or detached decks: i) allowed only if no reasonable location exists for the deck outside of the shore area impact zone; ii) the deck encroachment toward the OHWL shall not exceed fifteen (15) percent of the existing setback of the principal structure from the OHWL or shall not encroach into the shore area impact zone, whichever is more restrictive; iii) the deck must be constructed primarily of wood, and shall not be enclosed, roofed or screened, and shall not result in the creation of an impervious surface; f. Nothing herein is intended to permit private watercraft landing facilities or other private water access where such rights have been acquired by the public. 430.08. – Stairways, Lifts, Landings Within the Shoreland District. Subdivision 1. Location. Stairways, stairway landings, retaining walls, and pedestrian lifts shall be located whenever reasonable in the most visually inconspicuous portions of lots, as viewed from the surface of the public waterbody, assuming summer, leaf- on conditions. Subd. 2. Construction and Design. a. Stairways and pedestrian lifts must not exceed four feet in width on residential lots. Wider stairways may be used for commercial properties, public open-space recreational properties, and planned developments where more than one lot or more than four dwelling units are served. b. Landings for stairways and pedestrian lifts on residential lots must not exceed 32 square feet in area. Landings not exceeding 60 square feet may be used for 6 commercial properties, public open-space recreational properties, and planned developments where more than one lot is served. c. Canopies or roofs are not allowed on stairways, stairway landings, or pedestrian lifts. d. Stairways, stairway landings, and pedestrian lifts may be either constructed above the ground on posts or pilings, or placed into the ground, provided they are designed and built in a manner that ensures control of soil erosion. 430.09. – Grading, Filling, Excavation, Impervious Surface Construction, and Vegetation Management Within the Shoreland District. Subdivision 1. Permit required. No grading, filling, excavation, impervious surface construction, or vegetation management within the shore impact zone areas shall occur without a shore area permit. Subd. 2. Permit exemptions. The following activities do not require a permit: a. the removal of dead, diseased, hazardous or storm-damaged vegetation, or for the mowing of turf; b. the periodic pruning of woody vegetation up to four inches in diameter (as measured at the base of the cut provided the roots are left intact; c. removal of exotic species, noxious weeds or other public nuisances; d. removals or alterations for purposes of the construction of when all other requirements are met; e. landscaping activities customarily associated with gardening or lawn care, not including grading. Subd. 3. Performance standards. The following standards shall be required for all grading, filling, excavation, and vegetation management within the shore area impact zone: a. The existing vegetative screening of structures, vehicles, or other facilities as viewed from the water, assuming summer, leaf-on conditions, must be substantially maintained; and b. Before any permit will be issued to grade or fill, the applicant must provide evidence that all provisions of federal, state, and local law pertaining to wetlands and shore area (including but not limited to the Wetland Conservation Act, Watershed District regulations, U.S. Corps of Engineers regulations, DNR protected waters regulations, and City floodplain,) have been satisfied to the satisfaction of the City Engineer. c. All shore area permits for grading, filling, or excavation shall be subject to all of the additional following conditions: 7 (i) Alterations must be designed and conducted in a manner that ensures only the smallest amount of bare ground is exposed and is exposed for the shortest time possible. (ii) Mulches or similar materials must be used, where necessary, for temporary bare soil coverage, and a permanent vegetation cover must be established as soon as possible. (iii) Methods to minimize soil erosion and to trap sediments before they reach any surface water feature must be used. (iv) Altered areas must be stabilized to acceptable erosion control standards consistent with Best Management Practices. (v) Fill or excavated material must not be placed in a manner that creates an unstable slope. (vi) Alterations of topography may be allowed only if accessory to uses allowed by this section and does not adversely affect adjacent or nearby properties. (vii) Placement of natural rock rip rap, including associated grading and placement of a filter blanket, is permitted only if the finished slope does not exceed three feet horizontal to one foot vertical, the landward extent of the rip rap is within ten feet of the OHWL (as measured along the ground surface), and the height of the rip rap above the OHWL does not exceed three feet. (viii) Such other conditions as are reasonable and necessary under the circumstances as determined by the City Engineer. (ix) Excavations or grading where the intended purpose is connection to a public waterbody (such as boat slips, canals, lagoons, and harbors) shall not be allowed without the approval of the DNR. d. All shore area permits for impervious surface construction in the shore impact zone shall be subject to the additional following conditions: i) The impervious surface construction must: take advantage of natural vegetation and topography to achieve maximum screening of view from the public waterbody; limit the removal or alteration of vegetation; be designed so as to minimize and control erosion to the public waterbody consistent with Best Management Practices; and, be designed so as to minimize adverse impacts to the shore area. ii) Existing natural drainage ways, wetlands, and vegetated soil surfaces must be used to convey, store, filter, and detain storm water runoff before discharge to public waters. iii) Development and construction must be planned and conducted in a manner that will minimize the extent of disturbed areas, runoff velocities, erosion potential, and reduce and delay runoff volumes. Disturbed areas must be stabilized and protected 8 using methods and facilities designed and installed consistent with Best Management Practices. iv) When development density, topographic features, and soil and vegetation conditions are not sufficient to adequately handle stormwater runoff using natural features and vegetation, various types of constructed facilities such as diversions, settling basins, skimming devices, dikes, waterways, and ponds may be used. Preference must be given to designs using surface drainage, vegetation, and infiltration rather than buried pipes and man-made materials and facilities. 430.10. – Water and Sewer Facilities. Subdivision 1. Connection to public systems. All lots within the shoreland district shall be connected to the public water and sanitary sewer systems and old sewer and water systems shall be abandoned in conformance with state law and city ordinances. Lots not meeting this requirement must be connected as part of any proposed development or redevelopment. Subd. 2. Wells/septic systems prohibited. No new water wells or on-site sewage treatment systems may be constructed within the shoreland district. 430.11. – Administration. Subdivision 1. Permit Fee. The fee for a shore area permit shall be as provided in Appendix D of this Code, except that a double fee may be required by the City in instances where work or an activity has been initiated without the required permit. Subd. 2. Other necessary permits. The obtaining of a shore area permit for a given activity shall not abrogate the need to obtain any other permits required for the activity under the City Code or other federal, state, or local laws. Subd. 3. Applications. Applications for a shore area permit shall be filed with the City Engineer and shall contain information necessary and relevant to the review and analysis of the application, as determined by the City. Such information may include a scaled plan showing some or all of the following: a. Existing and proposed contour lines with two-foot intervals and ground elevations; b. The OHWL; c. Existing vegetation and proposed removals; d. Existing and proposed improvements and utilities; e. Location of wells and private septic systems; f. Wetlands; g. Lot lines; h. Adjacent streets and right-of-way; i. Shore area and shore area impact zone; 9 j. Other information relevant to the application, as determined by the City. Section 2. Effective Date. This Ordinance is effective as provided by Section 3.09 of the Richfield City Charter. Adopted by the City Council of the City of Richfield, Minnesota this ____ day of ___________, 2018. By: __________________________ Pat Elliott, Mayor ATTEST: ________________________ Elizabeth VanHoose, City Clerk ICE ARENAS CITY WATERPLANT VETERANS MEMORIAL PARK Legion Lake Richfield OHWL Setbacks ® WOOD LAKENATURE CENTER HISTORIC BARTHOLOMEWHOUSELYNDALEFIELD APPLEBLOSSOMPARK Wood Lake Richfield Lake Legend Ordinary High Water Level Shore Impact Zone Structure Setback RESOLUTION NO. _______ RESOLUTION APPROVING SUMMARY PUBLICATION OF AN ORDINANCE ADDING SECTION 430 OF RICHFIELD CITY CODE PERTAINING TO SHORE LAND MANAGEMENT WHEREAS, the City has adopted the above referenced ordinance amending the Richfield City Code; and WHEREAS, the verbatim text of the ordinance is cumbersome, and the expense of publication of the complete text is not justified. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield that the following summary is hereby approved for official publication: SUMMARY PUBLICATION BILL NO. 2018-_____ AN ORDINANCE ADDING SECTION 430 OF RICHFIELD CITY CODE PERTAINING TO SHORE LAND MANAGEMENT This summary of the ordinance is published pursuant to Section 3.12 of the Richfield City Charter. The purpose of the Shore Land Management Ordinance is to implement regulations concerning the use, development, and alteration of certain shore areas in the City of Richfield in compliance with directives and requirements of Minnesota Statutes, Section 103F.221, Subd. 1. These regulations are adopted in order to protect the natural characteristics of such shore areas to prevent pollution, minimize flood damage, and manage the effects of shore area crowding and development. Copies of the ordinance are available for public inspection in the City Clerk’s office during normal business hours or upon request by calling the Public Works Department at (612) 861-9170. Adopted by the City Council of the City of Richfield, Minnesota, this 9th day of January, 2018. Pat Elliott, Mayor ATTEST: Elizabeth VanHoose, City Clerk AGENDA SECTION:PROPOSED ORDINANCES AGENDA ITEM #8. STAFF REPORT NO. 15 CIT Y COUNCIL ME E T ING 1/9/2018 RE P O RT P RE PA RE D B Y: Melissa P oehlman, A sst. C ommunity D evelopment D irector D E PA RTM E NT D IRE C TOR RE V IE W: J ohn S tark, C ommunity D evelopment D i rector 1/2/2018 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 1/4/2018 I T E M F O R C O UNC I L C O NS I D E RAT IO N: Consideration of a variety of land use approvals related to a proposal for construction of a new auto dealership at 1550 78th Street East. E X E C UT IV E S UM M ARY: Morrie's Automotive Group has submitted an applic ation requesting approval of a rezoning and planned unit development plans that would allow construction of a new J aguar/Land Rover Dealership at 1550 78th Street East. This property is c urrently home to the A dler Graduate Sc hool and J im Ramstad C ommunity Services Center. This item was originally scheduled for c onsideration by the Council on November 28, 2017; however, the Council and the applicant agreed to delay c onsideration until tonight in order to allow staff and the applicant to continue to work on design issues. T he property at 1550 78th Street East is zoned Mixed Use - Regional (MU-R) and is guided for Regional Commercial within the I-494 Corridor Master Plan Area. T he applicant has submitted revised plans since the date of the Planning Commission hearing on October 23rd. Staff has reviewed these plans for agreement with the Zoning Code and the Comprehensive Plan requirements and found that improvements from the previous plans have been made; however, the plans continue to be non-compliant with a number of requirements. Zoning A stated purpose of the Mixed Use Distric ts is to disc ourage auto oriented uses in favor of pedestrian friendly mixed-use development. Parking structures do not count toward minimum building height of two stories. Single story portions of structures may be allowed provided they are attached to a princ ipal structure that is two or more stories in height and that the footprint of the single story portion of the structure is no more than 40 percent of the total struc ture's footprint (537.07). Only 2.2 percent of the second floor area is not dedic ated to parking; the remainder of the building is considered a single story. Minimum building c overage of 50 percent; proposed 41.9 perc ent (537.07). Maximum impervious surfac e allowed is 85 perc ent (537.07). Proposal is for 88 percent (proposed pervious pavers prohibited by area storm water regulations). Minimum 5 percent usable open space required (defined as an area that is at least 1,000 square feet in area and a minimum of 20 feet in width in all directions). Proposed pathway s and benches do not meet dimensional requirements to be considered "usable open space." (537.11 Subd. 9). Minimum 60 perc ent "street level active use" required. Defined as "the spac e of a building that front a primary street and c ontains a use that provides for a significant level of pedestrian activity from morning to late evening hours on weekday s and evenings (537.07). Building does not provide/contain a use that provides for a signific ant level of pedestrian ac tivity and no direc t acc ess to the building is provided from the sidewalk along 77th S treet. Maximum rear setbac k is 15 feet; 40 feet proposed (537.07). Minimum 15-foot landscape buffer along I -494 required; 7 feet proposed (537.07). Buildings abutting a major pedestrian circ ulation area shall have at least one primary entrance facing and acc essing the major pedestrian circ ulation way (537.11, Subd. 4). A retaining wall and railing will separate the building and 77th Street fac ing entranc e from the adjacent 77th Street sidewalk. These features make it unlikely that any pedestrian would ever use this entrance. Principal entranc es should be architecturally emphasized and visible from the street. Princ ipal patron entranc es should be c learly defined and highly visible utilizing such design features as awnings, canopies, pillars, spec ial building materials or architec tural details (537.11). I mprovements have been made to entrances fac ing the parking lots; however, the main entrance from 77th Street is not architec turally emphasized and does not provide direct ac cess from the sidewalk. Lighting levels exceed allowable limits (544.09). Required parking lot setback from property line is 8 ft. (544.13, Subd. 4). Not met along southern boundary (7 ft). This will likely need to be reduced further to meet Public W orks sidewalk clear zone requirement (2 ft) along 77th Street sidewalk (retaining wall in clear zone). Cross ac cess and c irculation across adjoining parcels is required, where appropriate and feasible (537.11, S ubd.7h). Proposal will isolate E coS marte property and without ac cess agreement may lead to taking of property by State when I -494 is expanded. T he applicant has requested a change in the zoning from Mixed Use - Regional to a Planned Unit Development District (Planned Mixed Use). Planned Unit Development (P UD) designations offer flexibility in the application of zoning requirements (like those listed above) in exchange for "innovative and creative development..." A PUD designation is intended "to encourage efficient use of land and resources, to promote efficiency in public and utility services, and to encourage innovation in the planning and building of all types of development." In order to approve a rezoning to a P U D, the Council must make the following findings: 1. Development must c onform to the Comprehensive Plan. 2. Development must be designed in a manner to form a desirable and unified environment within its own boundaries. 3. Development must be in substantial conformance with the purpose and intent of the guiding MU-R district and departures from guiding distric t regulations are justified by design of the development. 4. Development must not create excessive burden on parks, schools, streets or other public fac ilities. 5. Development will not have undue adverse impacts on neighboring properties. 6. Terms and conditions proposed are suffic ient to protect the public interest. Staff does not feel that the proposed development meets the required findings for a rezoning to a PUD. Specifically, the proposal does not comply with the purpose and intent of the Mixed Use Districts or the Comprehensive Plan (as detailed below), design fails to justify the requested departures from guiding zoning district requirements, and would have undue adverse impacts on both the adjacent apartment building and EcoSmarte business. Without a rezoning, the applicant would need to request variances from the list of items above. Comprehensive Plan: Land use approvals also require agreement with the City 's Comprehensive P lan. A s discussed at work sessions on J uly 25 and October 10, although the proposal calls for a use with a regional customer base, the building does not meet the 150,000 square feet minimum and the proposed use does not advance the I -494 Plan vision and key components. Plan excerpts: The vision is aimed at helping the community shape future development in the corridor to be more unique and identifiable, urban in charac ter, pedestrian-friendly, economically sustainable and ultimately, more livable (pg 1). Urban villages typically inc lude multiple story buildings that are more densely developed than the surrounding neighborhoods ac hieving a greater mix of land uses and drawing pedestrian ac tivity (pg 1). I t should not look like a collec tion of stand alone, single-use buildings that take advantage of its strategic location, but a place filled with variety, vitality and greenery (pg 2). Mixed-use development refers to the integration of residential, commercial, retail, employ ment, civic, recreational, and educational uses. The mix of land uses in a c ompact area not only supports and enhances eac h element in the development but also provides residents a ric h and diverse environment in which to live, work, shop, play and learn (pg 2). Automobile dealerships c an be part of a thriving, pedestrian-friendly, mixed use development; however, a proliferation of c ar dealerships does not meet the mixed use guidance for this area. Further, auto dealerships do not tend to invite pedestrian ac tivity or provide services to the immediate neighborhood. The proposed plans do not attempt to make up for this by combining with another use that would provide these benefits, by providing a neighborhood amenity that meets the requirements of the Code or that addresses the immediate residential neighbors, or any similar efforts to meet the intent of the I -494 Plan. A s designed, the project isolates the two neighboring properties - potentially leading to the eventual total loss of one business when I - 494 is expanded and 78th Street removed (78th street is MnD OT right-of-way). There are over 700 apartments in the area between Portland Avenue and Truc k Hwy 77. As stated in the I -494 Plan, this area is envisioned as a vibrant area that includes a diverse array of options for shopping, services, restaurants, hotels, and park space for its residents. The c onsideration of this application was originally sc heduled for the December 12, 2017 meeting. At the request of staff, representatives of Morrie's Automotive Group agreed to extend the consideration until tonight's meeting in order to further address some of staff's conc erns. Given the constraints of the site and the c orporate requirements of J aguar/Land Rover, staff believes that the Morrie's team has done a great deal to improve their proposal since the initial proposal was provided to staff. W ithin the past month, the site plan was improved in the following way s: Public green/open space was relocated from the east side of the building to the Bloomington Avenue boulevard in order to provide better separation from, and transition to, the adjac ent apartments; The number of overhead doors on the west side of the building was reduced from seven to four, and; Additional windows, and other architectural treatments, were added to the west side of the building. Based on this review of the proposal, staff continues to recommend denial of the rezoning and c onditional use permit applications. This recommendation should be viewed in the context of staff's role of enforcing City polic y rather than c reating new policy or modifying exiting policy. W hereas the City C ounc il is elected for the very purpose of forming suc h polic y based on the public interest of the community. I n the opinion of staff, the proposed use does not adequately meet the vision set forth in the Comprehensive Plan (as established in the I -494 Corridor S tudy) nor some key aspects of the Zoning Ordinance. However, representatives of Morrie's Automotive have worked to signific antly improve their site plan in the event that the C ity Council believes that the vision is no longer applicable, has changed, or has been misinterpreted by staff. I f the Council believes that the proposal does (or should) fit the overall vision for the area and meets requirements for rezoning, the following actions should be taken tonight: Approve a first reading of the attached ordinance rezoning 1550 78th Street E ast from Mixed Use - Regional to P lanned Mixed Use (P MR); and Articulate spec ific findings of compliance on which staff c ould draft a revised resolution approving the requested Conditional Use Permit; and Request that the applicant authorize an additional extension of the statutory "c lock" to extend the deadline for a final dec ision until J anuary 23, 2018 in order to provide adequate time for a sec ond reading of the requested rezoning and approval of a resolution approving the requested C UP. RE C O M M E ND E D AC T IO N: By motion: Approv e resolution de ny ing: 1. A reque st to ame nd Appendix I of the Richfield City Code to change the zoning de signation 1550 78th Stre et East from Mixe d Use - Re gional (MU-R) to Planned Mixe d Use (PMU); and 2. A request for a C onditional Use Permit and Final D evelopment Plan for a Planned Unit Development that would allow constr uction of an automobile dealer ship at 1550 78th Street East. B AS IS O F RE C O M M E ND AT IO N: A.H IS TOR IC AL C ON TEXT I n 2005, the C ity determined that existing zoning regulations were inadequate to address the Comprehensive Plan vision for Regional Commerc ial properties within the I -494 C orridor. Additionally, improvement plans and ac cess c hanges for the I nterstate that c ould signific antly impact land use patterns had been announced. The City determined that further study of this area was needed, and a one year moratorium was adopted on February 2, 2005. The I -494 C orridor Plan was the result of an extensive public outreach program that included three open houses, three newsletters, presentations to the Richfield Sc hool Board and Chamber of Commerce, and meetings with representatives from Bloomington, Minneapolis, Edina, and the Metropolitan Airports Commission. Meetings were also held with developers and marketing experts to ensure that the concept was a prac tical one. Even so, the Plan ac knowledges that the implementation of the vision would likely take twenty years or more. The I -494 Corridor P lan was officially adopted by the City C ounc il on December 13, 2005 and reaffirmed with the adoption of the 2008 Comprehensive Plan. B.P OL IC IE S (resolutions, ordinances, regulations, statutes, etc): Comprehensive Plan: The Comprehensive Plan is a vision for a c ommunity 's future. I t provides a framework for land use dec isions. The Comprehensive Plan for this area emphasizes a unique and identifiable urban c haracter, diversity of uses, street-level ac tivity, and pedestrian amenities/c onnections. I n our review of this proposal, staff finds that the proposal does not generally conform to the vision articulated by the Comprehensive Plan. Zoning: The stated purpose and intent of the Mixed Use Zoning D istrict is as follows: Guide future development along the I -494 C orridor in order to adapt to market and transportation changes; Enc ourage vertical mixed-uses clustered at primary (regional) and sec ondary (community) transportation nodes to build identity within the district; Provide a mix of residential densities along the c orridor; Provide appropriate transitions between uses; Promote greater pedestrian and bic yc le acc ess and connections throughout the c orridor and along the length of the c orridor; Disc ourage auto oriented uses in favor of pedestrian friendly mixed-use development; Enc ourage reduc tions in impervious surface, well landsc aped and attractive public and private spaces with a pedestrian and bicyc le friendly character and environment by minimizing surface parking and enhancing pedestrian corridors (sidewalks and trails) through reinforc ing build-to lines, getting new buildings to address the street and emphasize entic ing street level arc hitecture; Enc ourage public open spaces within the corridor by allowing and enc ouraging taller buildings for high-density uses; Ensure high quality arc hitectural design and materials; Promote increased use of transit; and Enc ourage redevelopment in a manner that is c onsistent with the Comprehensive Plan and any redevelopment plan(s) that exist for the distric t. P U D's are intended to encourage the efficient use of land and resources and to encourage innovation in planning and building. In exchange for these efficiencies and superior design, flexibility in the application of dimensional requirements is available. Without a PUD designation, developments are required to meet the requirements of the applicable zoning district or apply for variances. Staff has found that the site plans do not meet the requirements of the Zoning Ordinance. T here is specific concern that the proposal will isolate and harm the adjacent 40-unit apartment building to the west and the EcoSmarte building to the east. There are a number of different sets of review criteria that apply to this proposal. A full disc ussion of all requirements is included 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 cloc k 'started' when a c omplete applic ation was rec eived on September 11, 2017. A dec ision or extension was required by November 10, 2017. I n order to acc ommodate a work session disc ussing the I -494 Corridor Plan, the C ity issued a letter of extension on September 18, 2017. The time period was extended to November 28, 2017. At the Council Meeting on November 28, the applicant agreed to the C ounc il's request to extend this deadline once again to J anuary 9, 2018. I f the Counc il wants to approve the proposal, the applicant must agree to one additional extension until J anuary 23, 2018 in order to acc ommodate the requirement for a second reading of the ordinanc e to rezone the property and to approve a revised resolution approving the requested C onditional Use Permit. D.F IN AN C IAL IMPAC T: The applic ant estimates that the proposed dealership will generate approximately $700,000 in annual property taxes. Staff analy sis (provided to the Council in a memo dated November 17, 2017) estimates that this would theoretic ally equate to a tax reduction of $20.35 per year for the average Ric hfield homeowner. E.L E GAL C ON S ID E R AT ION : A public hearing was held before the P lanning C ommission on Oc tober 23, 2017. The Planning Commission recommended denial of the proposed rezoning and Planned Unit Development proposal. The C ity Attorney will be present and available for questions at the meeting. ALT E R N AT IV E R E C O MME N D AT IO N(S): Articulate required findings and approve a first reading of an ordinance rezoning the property; and Direct staff to return with a resolution to approve the proposed projec t. P R IN C IPAL PAR TIE S EXP E C T E D AT ME E T IN G: Representatives of Morrie's Automotive Group AT TAC H ME N TS : D escripti on Type Resolution Resolution L etter Required F i ndings E xhibit C ode C ompliance C hart E xhibit P roposed P lans E xhibit P roject Renderi ngs E xhibit P roject Narrati ve E xhibit A dler Graduate S chool L etter E xhibit Ordinance Ordinance RESOLUTION NO. ______ RESOLUTION DENYING A REQUEST FOR REZONING, CONDITIONAL USE PERMIT, AND FINAL DEVELOPMENT PLAN FOR A PLANNED UNIT DEVELOPMENT AT 1550 78TH STREET EAST WHEREAS, Morrie’s Automotive Group (“Applicant”) has submitted applications for a rezoning, conditional use permit, and final development plan for a planned unit development to the City of Richfield for real property legally described in the attached Exhibit A (“the Property): WHEREAS, the rezoning application proposes to amend Appendix I of the Richfield City Code to change the zoning designation of the Property from Mixed Use – Regional (MU-R) to Planned Mixed Use (PMU); and WHEREAS, the proposal further requests approval of a Conditional Use Permit and Final Development Plans for a Planned Unit Development consisting of an automobile dealership and related site modifications; and WHEREAS, the Zoning Code permits a rezoning to a Planned Unit Development District in order to encourage creative and innovative projects; WHEREAS, approval of a rezoning to a Planned Unit Development District requires the City Council to make the following findings: a. The proposed development conforms to the goals and objectives of the City’s Comprehensive Plan and any applicable redevelopment plans. b. The proposed development is designed in such a manner as to form a desirable and unified environment within its own boundaries. c. The development is in substantial conformance with the purpose and intent of the guiding district, and departures from the guiding district regulations are justified by the design of the development. d. The development will not create an excessive burden on parks, schools, streets or other public facilities and utilities that serve or area proposed to serve the development. e. The development will not have undue adverse impacts on neighboring properties. f. The terms and conditions proposed to maintain the integrity of the plan are sufficient to protect the public interest. WHEREAS, the underlying Zoning District regulations guide development within a Planned Unit Development; and WHEREAS, in addition to compliance with the Findings required for a rezoning to a PUD District, approval of a Planned Unit Development requires the approval of a Conditional Use Permit; and WHEREAS, approval of a Conditional Use Permit requires the City Council to make the following findings: a. The proposed use is consistent with the goals, policies, and objectives of the City’s Comprehensive Plan. b. 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. c. The proposed use is consistent with any officially adopted redevelopment plans or urban design guidelines. d. The proposed use is or will be in compliance with the performance standards specified in Section 544 of this code. e. The proposed use will not have undue adverse impacts on governmental facilities, utilities, services, or existing or proposed improvements. f. The use will not have undue adverse impacts on the public health, safety, or welfare. g. There is a public need for such use at the proposed location. h. The proposed use meets or will meet all the specific conditions set by this code for the granting of such conditional use permit. WHEREAS, the Comprehensive Plan calls for a mix of uses to include residential, commercial, retail, employment, civic, recreational, and educational uses within the I-494 Corridor; and WHEREAS, the Comprehensive Plan calls for a unique and identifiable, urban, pedestrian-friendly, economically sustainable and ultimately, more livable area and specifically states that the area should not look like a collection of stand-alone, single- use buildings that take advantage of its strategic location; and WHEREAS, Section 537 establishes regulations that are intended to discourage auto oriented uses in favor of pedestrian-friendly mixed use development, provide appropriate transitions between uses, promote greater pedestrian and bicycle access and connections throughout the I-494 corridor and along the length of the corridor, have new buildings address the street and emphasize enticing street level architecture; and encourage public open spaces within the corridor by allowing and encouraging taller buildings for high-density uses within the Mixed Use Districts; and WHEREAS, Section 544 establishes performance standards intended to ensure high standards of development and promote compatibility among various uses of land; and WHEREAS, the Planning Commission of the City of Richfield held a public hearing to consider the requested rezoning, final development plan and conditional use permit at its October 23, 2017 meeting; and WHEREAS, notice of the public hearing was published in the Sun-Current on October 5, 2017 and mailed to properties within 350 feet of the subject property on October 10, 2017; and WHEREAS, on October 23, 2017, the Planning Commission recommended denial of the applications by a vote of 3 to 1; and WHEREAS, the City Council conducted a first reading of the requested amendment to Appendix I of the City Code to rezone the Property and considered the application for a conditional use permit and final development plans for a planned unit development on January 9, 2018; and WHEREAS, the City Council has reviewed all of the materials submitted by the Applicant and city staff and has now reached a decision which it believes is in compliance with the law and is in the best interest of the community. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RICHFIELD HEREBY RESOLVES AS FOLLOWS: 1. Findings of Fact. The City Council hereby makes the following findings of fact: A. The City’s zoning ordinance establishes zoning classifications for individual property. The property legally described in Exhibit A (“the Property”) is designated as Mixed Use – Regional (MU-R). B. Morrie’s Automotive Group has submitted an application to the City to rezone the property to a planned unit development district and for a conditional use permit and final development plan approval on the Property. C. Planned unit development zoning districts are intended to encourage “innovative and creative developmentA” and “efficient use of land and resources, to promote efficiency in public and utility services, and to encourage innovation in the planning and building of all types of development.” Flexibility in the application of zoning regulations can be granted when a project offers a superior public benefit. The proposed use is for a standard car dealership with “amenities” that fail to meet minimum Zoning Code standards and are located away from the residential property that would most-benefit from them. D. Planned unit development plans are required to conform to the goals and objectives of the City’s Comprehensive Plan. The Comprehensive Plan for the I-494 Corridor calls for a mix of uses to include residential, commercial, retail, employment, civic, recreational, and educational uses. A stated policy of the I-494 Comprehensive Plan language is to avoid a corridor that “look[s] like a collection of standalone, single-use buildings that take advantage of [the area’s] strategic locationA” There already exist three auto dealerships spread throughout the 2.3 mile-long I-494 Corridor; the City finds that additional auto dealerships would constitute a concentration of these uses and impede the vision of a mixed use corridor. Thus, the City Council finds that the proposed rezoning does not conform to the goals and objectives of the Comprehensive Plan. E. The City’s Comprehensive Plan envisions the corridor “as an exciting and complete communityA” There are over 700, primarily affordable, apartments in this area. An exciting and complete community will offer a variety of opportunities for work and leisure to these neighborhood residents. The proposed automobile dealership does not provide new (different) or enhanced opportunities for either work or play. F. Planned unit developments are required to be in substantial conformance with the purpose and intent of the guiding district, and departures from guiding district regulations must be justified by the design of the development. The proposed development fails to meet 13 identified requirements of the underlying zoning district (MU-R) and general performance standards of Section 544 of the Zoning Code without any off-setting benefits to the immediate neighborhood. Proposed “amenities” fail to meet minimum size requirements to be considered as “usable open space” by the Zoning Code. The proposed development fails to meet performance standards related to: building stories, building coverage, usable open space, street level active use, rear building setback, landscape buffer, allowable impervious surface, principal entrance design, principal entrance access from major pedestrian ways, lighting, parking lot setbacks, and provision of cross access agreements. The proposed plan is not in substantial conformance with the guiding district (MU-R) regulations. Departures from those Code requirements are not justified by the design of development because the departures are not used to provide additional public benefit, but rather to accommodate the desires of the Applicant at the expense of the neighborhood. G. Planned unit developments may not create undue adverse impacts on neighboring properties. The proposed project will leave a small apartment complex at 7700 Bloomington Avenue boxed in between two large automobile dealerships making it an undesirable place to live, which is the opposite of the City’s intent as described by the comprehensive plan. The proposed development also leaves no opportunity for cross access for the property at 1600 78th St E. Not only does this property become difficult to access in the immediate future, but plans for the expansion of I-494 call for the elimination of the 78th Street frontage road and would leave this property with no access whatsoever. 2. On the basis of the foregoing findings: A) The application to rezone the Property from Mixed Use – Regional (MU-R) to Planned Mixed Use (PMU) is denied; and B) The application for a conditional use permit and approval of final development plans are denied. Adopted by the City Council of the City of Richfield, Minnesota this 9th day of January, 2018. Pat Elliott, Mayor ATTEST: Elizabeth VanHoose, City Clerk EXHIBIT A The North 180.26 feet of the West 490 feet of the South ½ of the Southeast Quarter of the Southeast Quarter; That part of the West 330 feet of the South ½ of the Southeast Quarter of the Southeast Quarter lying South of the North 180.26 feet thereof; All in Section 35, Township 28, Range 24. Hennepin County, Minnesota Required Findings Part 1: The following findings are necessary for approval of a PUD application (542.09 Subd. 3): 1. The proposed development conforms to the goals and objectives of the City’s Comprehensive Plan and any applicable redevelopment plans. The property is designated as Regional Commercial in the Comprehensive Plan and is within the I-494 Corridor Master Plan area. a. The Comprehensive Plan for the I-494 Corridor calls for a mix of uses to include residential, commercial, retail, employment, civic, recreational, and educational uses. A stated policy of the I-494 Comprehensive Plan language is to avoid a corridor that “looks like a collection of standalone, single-use buildings that take advantage of [the area’s] strategic location4” There are three existing auto dealerships spread throughout the 2.3 mile-long I-494 Corridor; the City finds that additional auto dealerships would constitute a concentration of these uses and impede implementation of the vision of a mixed use corridor. The proposal does not conform to the goals and objectives of the City’s Comprehensive Plan. b. The Comprehensive Plan for the I-494 Corridor envisions an “exciting and complete community4” There are over 700, primarily affordable, apartments in this area. An exciting and complete community will offer a variety of opportunities for work and leisure to the area residents. The proposed auto dealership does not provide new (different) or enhanced opportunities for either work or play. 2. The proposed development is designed in such a manner as to form a desirable and unified environment within its own boundaries. Within the boundaries of the development, there are a number of instances of non- compliance with Mixed Use District and Performance Standard requirements. These deficiencies include insufficient buffering and landscaping, architectural deficiencies, absence of “usable open space,” and more. 3. The development is in substantial conformance with the purpose and intent of the guiding district, and departures from the guiding district regulations are justified by the design of the development. The proposed development is inconsistent with the following requirements: • Parking structures do not count toward minimum building height of two stories. Single story portions of structures may be allowed provided they are attached to a principal structure that is two or more stories in height and that the footprint of the single story portion of the structure is no more than 40 percent of the total structure's footprint (537.07). Only 2.2% of the second floor area is not dedicated to parking; the remainder of the building is considered a single story. • Minimum building coverage of 50 percent; proposed 41.9 percent (537.07). • Minimum 5 percent usable open space required (defined as an area that is at least 1,000 square feet in area and a minimum of 20 feet in width in all directions). Proposed pathways and benches do not meet dimensional requirements to be considered "usable open space." (537.11 Subd. 9). • Minimum 60 percent "street level active use" required. Defined as "the space of a building that front a primary street and contains a use that provides for a significant level of pedestrian activity from morning to late evening hours on weekdays and evenings (537.07). Building does not provide/contain a use that provides for a significant level of pedestrian activity and no direct access to the building from the sidewalk is provided along 77th Street. • Maximum rear setback is 15 feet; 40 feet proposed (537.07). • Minimum 15-foot landscape buffer along I-494 required; 6.3 feet proposed (537.07). • Principal entrances should be architecturally emphasized and visible from the street. Principal patron entrances should be clearly defined and highly visible utilizing such design features as awnings, canopies, pillars, special building materials or architectural details (537.11). A pedestrian walking down 77th Street would not immediately recognize where the door is located, nor could he/she access the door directly from the sidewalk because of the retaining wall and fence. • Lighting levels exceed allowable limits (544.09). • Commercial developments shall use plant materials, berms, slopes, retaining walls, fences, low masonry walls, and public art to enhance the appearance of buildings and parking areas; to provide visual relief from long blank walls; to improve the environment for pedestrians; and to improve compatibility with adjacent housing. In particular special attention should be paid to providing visual and auditory separation between commercial and residential land uses and in hiding features such as truck docks and rooftop mechanical equipment (544.03, Subd. 6). Bloomington side of building (adjacent to housing) has seven roll-up service bays. There is minimal landscaping between the housing and the auto-centric commercial use. Failure to meet the parking lot setback leaves little room for effective buffering. • Required parking lot setback from property line is 8ft. (544.13, Subd. 4). Not met along southern boundary (7 ft) and will likely be reduced in order to meet 2-foot Public Works clear zone requirements adjacent to 77th Street sidewalk. • Impervious surface exceeds allowable limit of 85% (537.07). Proposed pervious pavers prohibited by storm water regulations for this area. • Cross access and circulation across adjoining parcels is required, where appropriate and feasible (537.11, Subd.7h). Proposal will isolate EcoSmarte property and without access agreement may lead to taking of property by State when I-494 expanded. While Planned Unit Developments allow from departures from Code requirements, this flexibility is given in exchange for superior design and integration into the neighborhood. The proposed development does not represent superior design and integration into the neighborhood. The proposed design is specifically detrimental to the two adjacent parcels. 4. The development will not create an excessive burden on parks, schools, streets or other public facilities and utilities that serve or area proposed to serve the development. The Public Works Department has reviewed the proposal and that adequate services are or will be available. 5. The development will not have undue adverse impacts on neighboring properties. The proposal isolates both the 40-unit apartment to the west and the EcoSmarte property to the east. The proposal eliminates the possibility for a cross access agreement allowing EcoSmarte customers and employees to access that property. The expansion of I-494 and elimination of the frontage road could lead to a loss of this business in the future. 6. The terms and conditions proposed to maintain the integrity of the plan are sufficient to protect the public interest. N/A. Staff recommends denial of the proposal in that it does not meet requirements. Part 2: All uses are conditional uses in the PC-2 District. The findings necessary to issue a Conditional Use Permit (CUP) are as follows (Subd. 547.09, Subd. 6): 1. The proposed use is consistent with the goals, policies, and objectives of the City’s Comprehensive Plan. See above: Part 1, #1. 2. The proposed use is consistent with the purposes of the Zoning Code and the purposes of the zoning district in which the applicant intends to locate the proposed use. The purpose of planned unit development regulations is to provide an opportunity for innovative and creative development, while assuring that the development will complement existing neighborhood character. The proposed development does not include innovative or creative development solutions and has potential negative impacts on adjacent properties. 3. The proposed use is consistent with any officially adopted redevelopment plans or urban design guidelines. The design guidelines of the Mixed Use District are not met. See above – Part 1, #3 4. The proposed use is or will be in compliance with the performance standards specified in Section 544 of this code. This requirement is not met. See above – Part 1, #3. 5. The proposed use will not have undue adverse impacts on governmental facilities, utilities, services, or existing or proposed improvements. The Public Works Department has reviewed the proposal and adequate services are or will be available. 6. The use will not have undue adverse impacts on the public health, safety, or welfare. No undue adverse impacts are anticipated. 7. There is a public need for such use at the proposed location. An increased tax base is beneficial to the community; however, the proposal fails to meet a number of other requirements of the Comprehensive Plan and Zoning Ordinance and negatively impacts adjacent properties. 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 not met. RequirementPrevious PlanMorrie's Response 11/28 Revised Plans Audi Current Plans1Minimum 15-foot buffer to separate auto sales uses from all other parcels (537.05, Subd. 6);Not metYes. Plans have been revised to meet the 15' buffer requirement.Met Met Not met in one small area adjacent to EcoSmarte.2Parking structures do not count toward minimum building height of two stories. Single story portions of structures may be allowed provided they are attached to a principal structure that is two (2) or more stories in height and that the footprint of the single story portion of the structure in no more than 40 percent of the total structure's footprint.; second level entirely parking (537.07);Not metYes. Second floor showroom and office space have been added to meet this requirement.Not met. The applicant has added approx. 1200 square feet of office space to the second floor. This is 2.2% of the second floor area. Audi = 22.8% of second floor area dedicated to non-parking uses (most of rest is open to level below). Third floor entirely parking. No parking on ground floor - JLR 20,000sf parking ground floor. JLR is approx. 35,000 sf of non-parking total in building. Audi is approx.. 57,000 sfNot met - no change from 11/28 plans.3Minimum building coverage of 50 percent; proposed 39 percent (537.07);Not metSimilar non compliance as Audi project. Audi was approved at 29%. We proposed 41.9%. 8.1% short, so we ask for this variance.Proposal has added approx. 3,800 sf to raise coverage to 41.9%. Remains non-compliant. Audi was approved at 43.8% (parking ramp is Phase 2 of same approved project).Not met - no change from 11/28 plans.4Maximum impervious surface is 85 percent; proposed 89%, existing 75% (537.07);Not metYes. Permeable pavers have been added to the site plan. This reduces the impervious coverage to 85%. Not Met. Storm water requirements in this area do not allow infiltration - pervious pavers are prohibited.Met Not Met. Proposed impervious is 88% (current condition is 75%, allowable maximum is 85%)5Minimum 5 percent usable open space; (537.11, Subd. 9 - "Usable open space shall be a minimum of 1,000 square feet in size and a minimum of 20 feet wide in any direction")Not metYes. A linear pedestrian greenway is proposed to connect 77th Street to 78th Street along the east side of the property meeting the 5% usable open space requirement.Path and seating area added, but neither of these meet them minimum dimensional requirements to be counted as useable open space per code.Met (11,000 plaza), also had linear path, but width doesn't qualify it to count for this requirement.Not met. Areas provided do not meet minimum dimensional requirements to be counted toward useable open space requirement. Proposal improved by moving path and seating areas to west side of property (adjacent to housing). 6Minimum 60 percent "street level active use" required. Defined as "The space of a buildings that fronts a primary street and contains a use that provides for a significant level of pedestrian activity from morning to late evening hours on weekdays and evenings. Such uses could include retail, service commercial, restaurants, coffee shops, libraries, post offices, common space or lobbies, and conference rooms or party rooms of office or high-density residential developments."Not metSimilar noncompliance as Audi project. Trailhead connection between 77th and 78th Street has been added to increase the active use.Not met. Staff would not find that 60% of the building or site frontage provides/contains a use that provides for a significant level of pedestrian activity. Under the flexibility allowed by a PUD the applicant is requesting that benches and interpretative signage/public art along 77th Street be counted as this requirement. Audi's answer to not providing a pedestrian oriented retail business was to construct an 11,000 square foot plaza with water feature, benches and paths.Not met. Use does not provide for significant amount of pedestrian activity, nor is direct access provided from 77th Street (retaining wall and fence will separate entrance from sidewalk). RequirementPrevious PlanMorrie's Response 11/28 Revised Plans Audi Current Plans7Maximum rear setback is 15 feet; 37.4 feet proposed (537.07)Not metSimilar noncompliance as Audi project. The proposed setback is similar to the Audi building that was approved.Not met. Similar to Audi. Yes, similar, but Audi was approved as PUD for providing an innovative and creative use (mainly the incorporation of the quasi-public space.) Not met. Noncompliance increased in attempt to increase required green space at southern boundary.8Minimum 15-foot landscape buffer along I-494 required; 6.3 feet proposed (537.07);Not metSimilar non compliance as Audi project. Our landscape buffer is 6.3 feet. Audi was approved at 5 feet.Not met. Similar to Audi Audi approved as PUD for innovation and creativity.Not met. Increased to approx. 7 feet, but retaining wall along 77th Street is in required Public Works clear zone and entire project will likely be shifted back 2 feet - further reducing buffer to 5 feet.9Parking lot screening does not meet requirements (544.03, Subd. 7);Not metYes. The Landscape Plan has been revised to meet this requirement.Met Met Met. 10Maximum allowable parking exceeded. Only permitted if impervious surface requirements can be met (not met, see above) (544.13);Not metYes. Parking has been reduced to meet 110% of the required parking stalls.Met Met Met. 11Principal entrances should be architecturally emphasized and visible from the street. Principal patron entrances should be clearly defined and highly visible utilizing such design features as awnings, canopies, pillars, special building materials or architectural details (537.11);Not metYes. Principal entry is emphasized by different material and offset plane.Principal entrances do not utilize awnings, canopies, pillars, special building materials or architectural details to call attention to entrance. A pedestrian walking along 77th Street would not immediately recognize where the door was located; it is recessed.Similar to Audi entrance - Audi is PUD.Not met. Entrances within parking areas now covered; however, primary entrance design is unchanged. While similar to Audi in design, the separation of the entrance from the public sidewalk is significantly different and not in keeping with requirements.12Changes in relief required along 15 percent of their street facades such as cornices, bases, window treatments, fluted masonry or other designs for pedestrian interest and scale (537.11, Subd.4). Not metYes. This requirement is met by current design. Code calls for 15% relief on all street sides the current design has 24% relief at Bloomington, 24% at 77th Street, and 22% at 78th Street.Applicant has made improvements to address pedestrian along Bloomington Avenue. Although there are still 7 overhead doors, a significant bank of windows has been added in the center of the building and additional ground floor level windows added.Met Met. 13Ground floor windows required along street sides of building (537.11);Not metYes. Ground floor windows have been added at all street sides of the building.Met Met Met. 14Pedestrian connections and circulation does not meet minimum requirements (537.11 and 544.15);Not metYes. Sidewalk connections from 77th Street to 78th Street have been added on the east side of the site and on the west side of the site along Bloomington Avenue.Met. Met Sidewalk removed on east side of site in order to allow improvements adjacent to housing. Overall connectivity is less, but impact improved. RequirementPrevious PlanMorrie's Response 11/28 Revised Plans Audi Current Plans15Bicycle parking required (544.17);Not metYes. A bike rack has been added to meet this requirement.Met Met Met. 16Sidewalks required along all rights-of-way (537.11, Subd. 8); andNot met.Yes. A sidewalk has been added along Bloomington Avenue.Met. Audi met Met. 17Lighting levels exceed allowable limits (544.09).Not metYes. Lighting levels have been revised to that of what was approved at the Audi facility.Exceed allowable limits. Similar - difficult to compare Not met - no change from 11/28 plans.18Building facades greater than 100 feet in length shall have offset jogs, using elements such as bay windows and recessed entrances or other articulation so as to provide pedestrian scale to the first floor and to avoid long continuous unbroken building facades.Not met.MetMet. 19Commercial developments shall use plant materials, berms, slopes, retaining wall, fences, low masonry walls and public art to enhance the appearance of buildings and parking areas; to provide visual relief from long blank walls; to improve the environment for pedestrians; to improve compatibility with adjacent housing (544.03 Subd. 6). In particular, special attention should be paid to providing visual and auditory separation between commercial and residential land uses and in hiding features such as truck docks and rooftop mechanical equipment.Not met.Not met. Bloomington side adjacent to housing has seven roll-up doors. There is minimal landscaping/separation between the adj. housing and proposed auto-centric use. Failure to meet parking lot setback leaves little room for buffering. Green space between parking and sidewalk cannot support larger trees, berm, etc.Parking structure won't be far from part of building. Ped path installed between.Met. 20All delivery and loading operations and other utility and service functions shall be grouped and arranged away from the public right-of-way and fully screening from ground level observation at any point on the property, adjacent property, or from adjacent right-of-way. (544.05)Not met. There are seven overhead service doors on the Bloomington side of the building (facing adjacent housing). The proposed landscaping will not screen these service functions.Not met, but improved. The number of service doors has been reduced, materials improved, and landscaping on west side improved.21Building entrances shall incorporate arcades, roofs, porches, alcoves, porticoes and awnings that protect pedestrians from rain and sun. (537.11 Subd. 4)Not metNot met; however, one covered entrance has been added along Bloomington Avenue.Not met. PUD Met. 22Parking lot setback from ROW is 8 ft. (544.13, Subd. 5)Not met Not met - reduced to meet different (sidewalk) requirement.Audi met Not met in two locations.23Cross access and circulation across adjoining parcels is required, where appropriate and feasible. 537.11 Subd 7hNot metNot met. Proposal will isolate EcoSmarte property and may lead to eventual taking of property by State when I-494 expanded.Not met - no change from 11/28 plans.24The applicant has requested a change in the zoning from Mixed Use - Regional to a Planned Unit Development District (PMR). Planned Unit Development (PUD) designations offer flexibility in the application of zoning requirements (like those listed in items 1-22) in exchange for "innovative and creative development..." A PUD designation is intended "to encourage efficient use of land and resources, to promote efficiency in public and utility services, and to encourage innovation in the planning and building of all types of development." Required findings listed below:Staff does not feel that the proposed development achieves the goals intended by the PUD regulations and recommends denial of the request to rezone the property. Without a rezoning, the applicant would need to request variances from the list of items above. RequirementPrevious PlanMorrie's Response 11/28 Revised Plans Audi Current PlansRequired findings to rezone to PUD:a) Development conforms to comp planAutomobile dealerships can be part of a thriving, pedestrian-friendly, mixed use development; however, a proliferation of car dealerships does not meet the mixed use guidance for this area. Further, auto dealerships do not tend to invite pedestrian activity or provide services to the immediate neighborhood. The proposed plans attempt to make up for this by providing open space that does not meet the requirements of the code and is situated to provide minimal benefit to the existing residents. There are over 700 apartments in the area between Portland Avenue and Truck Hwy 77. As stated in the I-494 Plan, this area is envisioned as a vibrant area that includes a diverse array of options for shopping, services, restaurants, hotels, and park space for its residents.b) Development designed in manner to form desirable and unified environment within own boundariesYes.c) Development in substantial conformance with purpose and intent of guiding district and departures from guiding district regulations are justified by design of the development.No. Development not in substantial conformance. Nothing exceptional about design of development that would justify departures from so many regulations.d) Development will not create excessive burden on parks, schools, streets or other public facilities.None anticipated.e) Development will not have undue adverse impacts on neighboring properties.Undue adverse impacts to apartments and EcoSmartef) Terms and conditions proposed are sufficient to protect public interest. SCALE IN FEET06030ProjectLocationCertificationSheet TitleSummaryRevision HistorySheet No.RevisionProject No.DateSubmittal / RevisionNo.ByDesigned:Drawn:Approved:Book / Page:Phase:Initial Issued:ClientMORRIE'SAUTOMOTIVEGROUPMORRIE'SJAGUARLAND ROVERRICHFIELD,MINNESOTAJEBJEBBDBPRELIMINARY07/28/201720847PRE L IM INAR Y09/07/17JEBOFF-SITE DRAINAGE11/16/17JEBCITY RE-SUBMITTAL12/21/17JEBCITY RE-SUBMITTAL Dec 21, 2017 - 11:15am - User:jbalzer L:\PROJECTS\20847\CAD\Civil\Sheets\20847-C2-EXCND.dwgC2.01EXISTINGCONDITIONS1.SUBJECT PROPERTIES ADDRESS IS 1550 78TH ST E, RICHFIELD, MN 55423, ITS PROPERTYIDENTIFICATION NUMBER IS 3502824440010.TOTAL = 244,923 SQUARE FEET OR 5.623 ACRES (EXCLUDING INTERSTATE HIGHWAY 494 EASEMENT)GROSS = 165,887 SQUARE FEET OR 3.808 ACRES (EXCLUDING ROADS AND ROAD EASEMENTS)NET = 139,628 SQUARE FEET OR 3.205 ACRES (DOES NOT INCLUDE EASEMENTSFOR STREET AND HIGHWAY RIGHT-OF WAYS)(PER FIRST AMERICAN TITLE INSURANCE COMPANY COMMITMENT FOR TITLE INSURANCE COMMITMENTNO. NCS-848094-MPLS, COMMITMENT DATE MAY 01, 2017)THE NORTH 180.26 FEET OF THE WEST 490 FEET OF THE SOUTH 1/2 OF THE SOUTHEAST QUARTER OFTHE SOUTHEAST QUARTER;THAT PART OF THE WEST 330 FEET OF THE SOUTH 1/2 OF THE SOUTHEAST QUARTER OF THE SOUTHEASTQUARTER LYING SOUTH OF THE NORTH180.26 FEET THEREOF;ALL IN SECTION 35, TOWNSHIP 28, RANGE 24, HENNEPIN COUNTY, MINNESOTA.TORRENS PROPERTY-CERTIFICATE OF TITLE NO. 13111802.THE SURVEY IS BASED ON THE ALTA/NSPS LAND TITLE PREPARED BY SUNDE LAND SURVEYING DATEDMAY 24, 2017.3.FIELD WORK WAS COMPLETED BY SUNDE LAND SURVEYING ON MAY 8, 2017.FOUND MONUMENTSET MONUMENTMARKED LS 47481ELECTRIC METERLIGHTSANITARY SEWERSTORM SEWERWATERMAINFLARED END SECTIONELECTRIC TRANSFORMERAIR CONDITIONERGUY ANCHORHANDICAP STALLUTILITY POLEPOSTSIGNTELEPHONE PEDESTALGAS METEREASEMENT LINESETBACK LINERESTRICTED ACCESSBUILDING LINEBUILDING CANOPYCONCRETE CURBBITUMINOUS SURFACECONCRETE SURFACELANDSCAPE SURFACEDECIDUOUS TREECONIFEROUS TREEOVERHEAD WIRECHAIN LINK FENCEIRON FENCEWIRE FENCEWOOD FENCE1.THE VERTICAL DATUM IS BASED ON NGVD29:BENCHMARK #1TOP OF TOP NUT OF FIRE HYDRANT SW QUADRANT OF EAST 77TH STREET & BLOOMINGTON AVENUESOUTH.ELEVATION = 832.21 FEETBENCHMARK #2TOP OF TOP NUT OF FIRE HYDRANT NW QUADRANT OF EAST 78TH STREET & BLOOMINGTON AVENUESOUTH.ELEVATION = 833.61 FEETBENCHMARK #3TOP OF TOP NUT OF FIRST FIRE HYDRANT SOUTH SIDE OF EAST 77TH STREET, EAST OF BLOOMINGTONAVENUE SOUTHELEVATION = 825.82 FEETLEGENDDESCRIPTIONPROPERTY SUMMARYBENCHMARKSSURVEY NOTES SCALE IN FEET06030ProjectLocationCertificationSheet TitleSummaryRevision HistorySheet No.RevisionProject No.DateSubmittal / RevisionNo.ByDesigned:Drawn:Approved:Book / Page:Phase:Initial Issued:ClientMORRIE'SAUTOMOTIVEGROUPMORRIE'SJAGUARLAND ROVERRICHFIELD,MINNESOTAJEBJEBBDBPRELIMINARY07/28/201720847Registration No.I hereby certify that this plan, specification orreport was prepared by me or under my directsupervision and that I am a duly licensedprofessional ENGINEER under the laws of the stateof Minnesota.If applicable, contact us for a wet signed copy of thisplan which is available upon request at Sambatek's,Minnetonka, MN office.Date:44579Brady D. Busselman07/28/2017PRE L IM INAR Y09/07/17JEBOFF-SITE DRAINAGE11/16/17JEBCITY RE-SUBMITTAL12/21/17JEBCITY RE-SUBMITTAL Dec 21, 2017 - 11:15am - User:jbalzer L:\PROJECTS\20847\CAD\Civil\Sheets\20847-C3-SITE.dwgC3.01SITE PLANAREAGROSS SITE AREAZONINGEXISTING ZONINGPROPOSED ZONINGBUILDING REQUIREMENTSBUILDING FOOTPRINTBUILDING LOT COVERAGEPARKINGSURFACE PARKING STALLS PROVIDEDSTRUCTURE PARKING STALLS PROVIDEDTOTAL PARKING PROVIDEDIMPERVIOUS COVERAGEEXISTING IMPERVIOUS AREAEXISTING IMPERVIOUS PERCENTAGEPROPOSED IMPERVIOUS AREAPROPOSED IMPERVIOUS PERCENTAGEIMPERVIOUS COVERAGE CONSIDERATIONSPERMEABLE PAVER AREAPLAZA AREAPROPOSED IMPERVIOUS (EXCLUDING PLAZA, AND PERMEABLE PAVERS)USABLE OPEN SPACEUSABLE OPEN SPACE AREAUSABLE OPEN SPACE AREA PERCENTAGE1.ALL DIMENSIONS ARE ROUNDED TO THE NEAREST TENTH FOOT.2.ALL DIMENSIONS SHOWN ARE TO THE FACE OF CURB TO FACE OF CURB UNLESS OTHERWISE NOTED.3.KEdZdKZ^,>>Zs/tWsDEd'Z/EdEKE^dZhd͞'hddZKhd͟t,ZtdZZ/E^tz&ZKDhZ͘>>Kd,ZZ^^,>>KE^dZhd^͞'hddZ/E͟hZ͘COORDINATE WITH GRADING CONTRACTOR.4.ALL AREAS ARE ROUNDED TO THE NEAREST SQUARE FOOT.5.ALL PARKING STALLS TO BE 9' IN WIDTH AND 18' IN LENGTH UNLESS OTHERWISE INDICATED.6.CONTRACTOR SHALL REFER TO ARCHITECTURAL PLANS FOR EXACT LOCATIONS AND DIMENSIONS OFEXIT PORCHES, RAMPS, PRECISE BUILDING DIMENSIONS AND EXACT BUILDING UTILITY ENTRANCELOCATIONS.7.SEE ARCHITECTURAL PLANS FOR PYLON SIGN DETAILS8.SEE ARCHITECTURAL PLANS FOR LIGHT POLE FOUNDATION DETAIL AND FOR EXACT LOCATIONS OF LIGHTPOLE.9.REFER TO FINAL PLAT FOR LOT BOUNDARIES, LOT NUMBERS, LOT AREAS, AND LOT DIMENSIONS.10.ALL GRADIENTS ON SIDEWALKS ALONG THE ADA ROUTE SHALL HAVE A MAXIMUM LONGITUDINAL SLOPEOF 5% (1:20), EXCEPT AT CURB RAMPS (1:12), AND A MAXIMUM CROSS SLOPE OF 2.08% (1:48). THEMAXIMUM SLOPE IN ANY DIRECTION ON AN ADA PARKING STALL OR ACCESS ISLE SHALL BE 2.08% (1:48).THE CONTRACTOR SHALL REVIEW AND VERIFY THE GRADIENT IN THE FIELD ALONG THE ADA ROUTESPRIOR TO PLACING CONCRETE OR BITUMINOUS PAVEMENT. THE CONTRACTOR SHALL NOTIFY THEENGINEER IMMEDIATELY IF THERE IS A DISCREPANCY BETWEEN THE GRADIENT IN THE FIELD VERSUS THEDESIGN GRADIENT AND COORDINATE WITH GRADING CONTRACTOR.11."NO PARKING" SIGNS SHALL BE PLACED ALONG ALL DRIVEWAYS AS REQUIRED BY CITY.LEGENDEASEMENTCURB & GUTTERBUILDINGRETAINING WALLSAWCUT LINENUMBER OF PARKINGSTALLS PER ROWSIGNPIPE BOLLARDSTANDARD DUTYASPHALT PAVINGCONCRETE PAVINGPROPERTY LIMITEXISTINGPROPOSEDKEY NOTEDEVELOPMENT SUMMARYDEVELOPMENT NOTESKEY NOTESWETLAND LIMITSTREELINEA.BUILDING DOORS, STOOPS, STAIRS SEE ARCHITECTURAL PLANSB.MEET AND MATCH EXISTING CURB & GUTTERC.B-612 CONCRETE CURB AND GUTTERD.CONCRETE APRONE.FLAT CURB SECTIONF.CONCRETE WALKG.ELECTRIC VEHICLE CHARGING, SEE ARCHITECTURAL PLANSH.MONUMENT SIGNAGE, SEE ARCHITECTURE PLANSI.ADA SIGNAGE IN BOLLARDJ.MEET AND MATCH EXISTING SIDEWALKK.ADA PEDESTRIAN RAMPL.BIKE RACKM.PLAZA, SEE LANDSCAPE PLAN FOR DETAILSN.RETAINING WALLO.RAILINGP.ADA ROUTEQ.STEPS139,628 SF3.21 ACMU-R PUD58,485 SF 41.9%126 STALLS148 STALLS274 STALLS104,215 SF 75%123,245 SF 88%5,314 SF (4%)2,558 SF (2%)115,373 SF (82%)8,319 SF 6%THE SUBSURFACE UTILITY INFORMATION SHOWN ON THESE PLANS IS A UTILITY QUALITY LEVEL XX. THIS QUALITY LEVEL WAS DETERMINEDACCORDING TO THE GUIDELINES OF ASCE/CI 38-02, TITLED "STANDARD GUIDELINES FOR THE COLLECTION AND DEPICTION OF EXISTINGSUBSURFACE UTILITY DATA." THE CONTRACTOR AND/OR SUBCONTRACTORS SHALL DETERMINE THE EXACT LOCATION OF ALL EXISTINGUTILITIES BEFORE COMMENCING WORK, BY CONTACTING THE NOTIFICATION CENTER (GOPHER STATE ONE FOR MINNESOTA). THECONTRACTOR AND/OR SUBCONTRACTOR AGREE TO BE FULLY RESPONSIBLE FOR ANY AND ALL DAMAGES, WHICH MIGHT BE OCCASIONED BYHIS OR HER FAILURE TO EXACTLY LOCATE AND PRESERVE ANY AND ALL UTILITIES (UNDERGROUND AND OVERHEAD).IF THE CONTRACTOR ENCOUNTERS ANY DRAIN TILE WITHIN THE SITE, HE OR SHE SHALL NOTIFY THE ENGINEER WITH THE LOCATION, SIZE,INVERT AND IF THE TILE LINE IS ACTIVE. NO DRAIN TILE SHALL BE BACKFILLED WITHOUT APPROVAL FROM THE PROJECT ENGINEER.IT SHALL BE THE RESPONSIBILITY OF THE CONTRACTOR TO RELOCATE ALL EXISTING UTILITIES WHICH CONFLICT WITH THE PROPOSEDIMPROVEMENTS SHOWN ON THE PLANS.CONCRETE SIDEWALKPERMEABLE PAVERSUSABLE OPEN SPACE SCALE IN FEET06030ProjectLocationCertificationSheet TitleSummaryRevision HistorySheet No.RevisionProject No.DateSubmittal / RevisionNo.ByDesigned:Drawn:Approved:Book / Page:Phase:Initial Issued:ClientMORRIE'SAUTOMOTIVEGROUPMORRIE'SJAGUARLAND ROVERRICHFIELD,MINNESOTAJEBJEBBDBPRELIMINARY07/28/201720847PRE L IM INAR Y09/07/17JEBOFF-SITE DRAINAGE11/16/17JEBCITY RE-SUBMITTAL12/21/17JEBCITY RE-SUBMITTAL Dec 21, 2017 - 11:15am - User:jbalzer L:\PROJECTS\20847\CAD\Civil\Sheets\20847-L1-LAND.dwgL1.01LANDSCAPEPLANTHE SUBSURFACE UTILITY INFORMATION SHOWN ON THESE PLANS IS A UTILITY QUALITY LEVEL XX. THIS QUALITY LEVEL WAS DETERMINEDACCORDING TO THE GUIDELINES OF ASCE/CI 38-02, TITLED "STANDARD GUIDELINES FOR THE COLLECTION AND DEPICTION OF EXISTINGSUBSURFACE UTILITY DATA." THE CONTRACTOR AND/OR SUBCONTRACTORS SHALL DETERMINE THE EXACT LOCATION OF ALL EXISTINGUTILITIES BEFORE COMMENCING WORK, BY CONTACTING THE NOTIFICATION CENTER (GOPHER STATE ONE FOR MINNESOTA). THECONTRACTOR AND/OR SUBCONTRACTOR AGREE TO BE FULLY RESPONSIBLE FOR ANY AND ALL DAMAGES, WHICH MIGHT BE OCCASIONED BYHIS OR HER FAILURE TO EXACTLY LOCATE AND PRESERVE ANY AND ALL UTILITIES (UNDERGROUND AND OVERHEAD).IF THE CONTRACTOR ENCOUNTERS ANY DRAIN TILE WITHIN THE SITE, HE OR SHE SHALL NOTIFY THE ENGINEER WITH THE LOCATION, SIZE,INVERT AND IF THE TILE LINE IS ACTIVE. NO DRAIN TILE SHALL BE BACKFILLED WITHOUT APPROVAL FROM THE PROJECT ENGINEER.IT SHALL BE THE RESPONSIBILITY OF THE CONTRACTOR TO RELOCATE ALL EXISTING UTILITIES WHICH CONFLICT WITH THE PROPOSEDIMPROVEMENTS SHOWN ON THE PLANS.QUANTITY REQUIRED:i.ONE (1) TREE PER 2,500 SQUARE FEET OF DEVELOPABLE LANDSCAPING AREA; ANDii.ONE (1) SHRUB PER 1,000 SQUARE FEET OF DEVELOPABLE LANDSCAPING AREADEVELOPABLE LANDSCAPING AREA IS DEFINED AS THE TOTAL AREA OF A DEVELOPMENT SITE OR PHASE MINUSTHE PORTION OF THAT AREA WITHIN A NATURAL WATER BODY OR A PROTECTED WETLAND.DEVELOPABLE LAND ON SITE= 139,629 SQ. FT.PLANT TYPEREQUIREDPROVIDEDTREES 56 69SHRUBS 140 832RICHFIELD, MN LANDSCAPE CODETREESCODEBOTANICAL NAME / COMMON NAMECONTCALQTYJMAcer rubrum `Bailcraig` / Scarlet Jewell MapleB & B2.5"Cal11DPBetula platyphylla `Fargo` TM / Dakota Pinnacle BirchB & B2"Cal9GBGinkgo biloba `Autumn Gold` TM / Maidenhair TreeB & B2.5"Cal8IHGleditsia triacanthos `Imperial` / Imperial HoneylocustB & B2.5"Cal9HLGleditsia triacanthos `Skyline` / Skyline Honey LocustB & B2.5"Cal7SOQuercus bicolor / Swamp White OakB & B2.5"Cal8BLTilia americana `Boulevard` / Boulevard LindenB & B2.5"Cal5PEUlmus americana `Princeton` / American ElmB & B3.5" Cal4ORN. TREESCODEBOTANICAL NAME / COMMON NAMECONTCALQTYSBAmelanchier canadensis `Autumn Brilliance` / Autumn Brilliance ServiceberryB & B2"Cal5PFMalus x `Prairifire` / Prairifire Crab AppleB & B2"Cal3SHRUBSCODEBOTANICAL NAME / COMMON NAMECONTH` X W`QTYBCAronia melanocarpa `Autumn Magic` / Autumn Magic Black Chokeberry5 gal6BXBuxus x `Chicagoland Green` TM / Glencoe Boxwood10 gal53BHDiervilla lonicera / Dwarf Bush Honeysuckle5 gal44CEEuonymus alatus `Compactus` / Compact Burning Bush5 gal16LHHydrangea paniculata `Jane` / Little Lime Hydrangea5 gal63MJJuniperus chinensis `Mint Julep` / Mint Julep Juniper5 gal55GLRhus aromatica `Gro-Low` / Gro-Low Fragrant Sumac5 gal44RRRosa x `Radtko` / Double Knock Out Rose1 gal3`x3`62GSSpiraea japonica `Goldflame` / Spirea5 gal54LBSyringa x `Bloomerang` / Lilac5 gal77TyTaxus x media `Tauntonii` / Tauton Yew5 gal44TAThuja occidentalis `Bail John` / Technito Arborvitae5`44CVViburnum opulus `Compactum` / Compact European Cranberrybush5 gal11GRASSESCODEBOTANICAL NAME / COMMON NAMECONTH` X W`QTYKFGCalamagrostis x acutiflora `Karl Foerster` / Feather Reed Grass1 gal46PDSSporobolus heterolepis / Prairie Dropseed1 gal73PERENNIALSCODEBOTANICAL NAME / COMMON NAMECONTH` X W`QTYBDLHemerocallis x `Baja` / Baja Daylily1 gal26BESRudbeckia fulgida `Goldstrum` / Black Eyed Susan1 gal26AFSSedum x `Autumn Fire` / Autumn Fire Sedum1 gal61GROUND COVERSCODEBOTANICAL NAME / COMMON NAMEQTYTUR HIGTurf Sod Highland Sod / Sod12,069 sfPLANT SCHEDULELANDSCAPE LEGENDDOUBLE SHREDDED HARDWOOD MULCH - NATURAL COLOR, 4" DEPTHNOT USED 12STEEL EDGERPLANT MATERIAL SIZE REQUIREMENTS:SHRUBS:5 GAL.ORNAMENTAL TREES: 1.5" CALIPEROVERSTORY TREES:9 TREES OR FEWER: 2.5" CALIPERMORE THAN 9 TREES:TREE SIZES WILL BE ADJUSTED TO MEETCODE FOR 3 STORY BUILDING AFTERPRELIMINARY APPROVALSOD3 UNDERGROUND STORAGEHWL = 821.4923ProjectLocationCertificationSheet TitleSummaryRevision HistorySheet No.RevisionProject No.DateSubmittal / RevisionNo.ByDesigned:Drawn:Approved:Book / Page:Phase:Initial Issued:ClientMORRIE'SAUTOMOTIVEGROUPMORRIE'SJAGUARLAND ROVERRICHFIELD,MINNESOTAJEBJEBBDBPRELIMINARY07/28/201720847PRE L IM INAR Y09/07/17JEBOFF-SITE DRAINAGE11/16/17JEBCITY RE-SUBMITTAL12/21/17JEBCITY RE-SUBMITTAL Dec 21, 2017 - 11:15am - User:jbalzer L:\PROJECTS\20847\CAD\Civil\Sheets\20847-L1-LAND.dwgL2.01LANDSCAPEDETAILSGENERAL NOTES:1.THE CONTRACTOR SHALL INSPECT THE SITE AND BECOME FAMILIAR WITH THE EXISTINGCONDITIONS RELATING TO THE NATURE AND SCOPE OF THE WORK.2.THE CONTRACTOR SHALL VERIFY PLAN LAYOUT AND BRING TO THE ATTENTION OF THE LANDSCAPEARCHITECT DISCREPANCIES WHICH MAY COMPROMISE THE DESIGN OR INTENT OF THE LAYOUT.3.THE CONTRACTOR SHALL BE RESPONSIBLE FOR COMPLYING WITH ALL APPLICABLE CODES,REGULATIONS, AND PERMITS GOVERNING THE WORK.4.THE CONTRACTOR SHALL PROTECT EXISTING ROADS, CURBS/GUTTERS, TRAILS, TREES, LAWNS ANDSITE ELEMENTS DURING CONSTRUCTION. DAMAGE TO SAME SHALL BE REPAIRED AND/ORREPLACED AT NO ADDITIONAL COST TO THE OWNER.5.LOCATE AND VERIFY ALL UTILITIES, INCLUDING IRRIGATION LINES, WITH THE OWNER FORPROPRIETARY UTILITIES AND GOPHER STATE ONE CALL 48 HOURS BEFORE DIGGING. CONTRACTORSHALL BE RESPONSIBLE FOR THE PROTECTION AND REPAIR OF ANY DAMAGES TO SAME. NOTIFYTHE LANDSCAPE ARCHITECT OF ANY CONFLICTS TO FACILITATE PLANT RELOCATION.6.THE LANDSCAPE CONTRACTOR SHALL COORDINATE THE PHASES OF CONSTRUCTION ANDPLANTING INSTALLATION WITH OTHER CONTRACTORS WORKING ON SITE.7.THE CONTRACTOR SHALL REVIEW THE SITE FOR DEFICIENCIES IN SITE CONDITIONS WHICH MIGHTNEGATIVELY AFFECT PLANT ESTABLISHMENT, SURVIVAL OR WARRANTY. UNDESIRABLE SITECONDITIONS SHALL BE BROUGHT TO THE ATTENTION OF THE LANDSCAPE ARCHITECT PRIOR TOBEGINNING OF WORK.8.THE PLAN TAKES PRECEDENCE OVER THE LANDSCAPE LEGEND IF DISCREPANCIES EXIST.QUANTITIES SHOWN IN THE PLANTING SCHEDULE ARE FOR THE CONTRACTOR'S CONVENIENCE.CONTRACTOR TO VERIFY QUANTITIES SHOWN ON THE PLAN.9.THE SPECIFICATIONS TAKE PRECEDENCE OVER THE PLANTING NOTES AND GENERAL NOTES.10.EXISTING TREES AND SHRUBS TO REMAIN SHALL BE PROTECTED TO THE DRIP LINE FROM ALLCONSTRUCTION TRAFFIC, STORAGE OF MATERIALS ETC. WITH 4' HT. ORANGE PLASTIC SAFETYFENCING ADEQUATELY SUPPORTED BY STEEL FENCE POSTS 6' O.C. MAXIMUM SPACING.11.LONG-TERM STORAGE OF MATERIALS OR SUPPLIES ON-SITE WILL NOT BE ALLOWED.12.CONTRACTOR SHALL REQUEST IN WRITING, A FINAL ACCEPTANCE INSPECTION.PLANTING NOTES:1.NO PLANTS SHALL BE INSTALLED UNTIL FINAL GRADING AND CONSTRUCTION HAS BEENCOMPLETED IN THE IMMEDIATE AREA.2.A GRANULAR PRE-EMERGENT HERBICIDE SHALL BE APPLIED TO ALL PLANT BEDS AT THEMANUFACTURERS RECOMMENDED RATE PRIOR TO PLANT INSTALLATION.3.ALL PLANTING STOCK SHALL CONFORM TO THE "AMERICAN STANDARD FOR NURSERY STOCK,"ANSI-Z60, LATEST EDITION, OF THE AMERICAN ASSOCIATION OF NURSERYMEN, INC. AND SHALLCONSTITUTE MINIMUM QUALITY REQUIREMENTS FOR PLANT MATERIALS.4.OVERSTORY TREES SHALL BEGIN BRANCHING NO LOWER THAN 6' ABOVE PAVED SURFACES.5.ALL PLANTS MUST BE HEALTHY, VIGOROUS MATERIAL, FREE OF PESTS AND DISEASE AND BECONTAINER GROWN OR BALLED AND BURLAPPED AS INDICATED IN THE LANDSCAPE LEGEND.6.PLANT MATERIALS TO BE INSTALLED PER PLANTING DETAILS.7.ALL TREES MUST BE STRAIGHT TRUNKED AND FULL HEADED AND MEET ALL REQUIREMENTSSPECIFIED.8.THE LANDSCAPE ARCHITECT RESERVES THE RIGHT TO REJECT ANY PLANTS WHICH ARE DEEMEDUNSATISFACTORY BEFORE, DURING, OR AFTER INSTALLATION.9.NO SUBSTITUTIONS OF PLANT MATERIAL SHALL BE ACCEPTED UNLESS APPROVED IN WRITING BYTHE LANDSCAPE ARCHITECT.10.ALL PLANT MATERIAL QUANTITIES, SHAPES OF BEDS AND LOCATIONS SHOWN ARE APPROXIMATE.CONTRACTOR SHALL BE RESPONSIBLE FOR COMPLETE COVERAGE OF ALL PLANTING BEDS ATSPACING SHOWN AND ADJUSTED TO CONFORM TO THE EXACT CONDITIONS OF THE SITE. THELANDSCAPE ARCHITECT SHALL APPROVE THE STAKING LOCATION OF ALL PLANT MATERIALS PRIORTO INSTALLATION.11.ALL PLANTING AREAS MUST BE COMPLETELY MULCHED AS SPECIFIED.12.MULCH: SHREDDED HARDWOOD MULCH, CLEAN AND FREE OF NOXIOUS WEEDS OR OTHERDELETERIOUS MATERIAL, IN ALL MASS PLANTING BEDS AND FOR TREES, UNLESS INDICATED ASROCK MULCH ON DRAWINGS. SUBMIT SAMPLE TO LANDSCAPE ARCHITECT PRIOR TO DELIVERYON-SITE FOR APPROVAL. DELIVER MULCH ON DAY OF INSTALLATION. USE 4" FOR SHRUB BEDS,AND 3" FOR PERENNIAL/GROUND COVER BEDS, UNLESS OTHERWISE DIRECTED.13.THE CONTRACTOR SHALL BE RESPONSIBLE FOR ALL MULCHES AND PLANTING SOIL QUANTITIES TOCOMPLETE THE WORK SHOWN ON THE PLAN.14.USE ANTI-DESICCANT (WILTPRUF OR APPROVED EQUAL) ON DECIDUOUS PLANTS MOVED IN LEAFAND FOR EVERGREENS MOVED ANYTIME. APPLY AS PER MANUFACTURER'S INSTRUCTION. ALLEVERGREENS SHALL BE SPRAYED IN THE LATE FALL FOR WINTER PROTECTION DURING WARRANTYPERIOD.14.PLANTING SOIL FOR TREES, SHRUBS AND GROUND COVERS: FERTILE FRIABLE LOAMCONTAINING A LIBERAL AMOUNT (4% MIN.) OF HUMUS AND CAPABLE OF SUSTAININGVIGOROUS PLANT GROWTH. IT SHALL COMPLY WITH MNDOT SPECIFICATION 3877 TYPE BSELECT TOPSOIL. MIXTURE SHALL BE FREE FROM HARDPACK SUBSOIL, STONES,CHEMICALS, NOXIOUS WEEDS, ETC. SOIL MIXTURE SHALL HAVE A PH BETWEEN 6.1 AND 7.5AND 10-0-10 FERTILIZER AT THE RATE OF 3 POUNDS PER CUBIC YARD. IN PLANTING BEDSINCORPORATE THIS MIXTURE THROUGHOUT THE ENTIRE BED IN A 6" LAYER ANDROTO-TILLING IT INTO THE TOP 12" OF SOIL AT A 1:1 RATIO.ANY PLANT STOCK NOT PLANTEDON DAY OF DELIVERY SHALL BE HEELED IN AND WATERED UNTIL INSTALLATION. PLANTS NOTMAINTAINED IN THIS MANNER WILL BE REJECTED.15.ALL PLANTS SHALL BE GUARANTEED FOR TWO COMPLETE GROWING SEASONS (APRIL 1 -NOVEMBER 1), UNLESS OTHERWISE SPECIFIED. THE GUARANTEE SHALL COVER THE FULL COST OFREPLACEMENT INCLUDING LABOR AND PLANTS.16.CONTRACTOR SHALL NOTIFY THE LANDSCAPE ARCHITECT AT LEAST 3 DAYS PRIOR TO PLANNEDDELIVERY. THE CONTRACTOR SHALL NOTIFY THE LANDSCAPE ARCHITECT AT LEAST 24 HOURS INADVANCE OF BEGINNING PLANT INSTALLATION.17.SEASONS/TIME OF PLANTING AND SEEDING: NOTE: THE CONTRACTOR MAY ELECT TO PLANT INOFF-SEASONS ENTIRELY AT HIS/HER RISK. DECIDUOUS17.1.POTTED PLANTS: 4/1 - 6/1; 9/21 - 11/117.2.DECIDUOUS /B&B: 4/1 - 6/1; 9/21 - 11/117.3.EVERGREEN POTTED PLANTS: 4/1 - 6/1; 9/21-11/117.4.EVERGREEN B&B: 4/1 - 5/1; 9/21 - 11/1 17.5.TURF/LAWN SEEDING: 4/1 - 6/1; 7/20 - 9/2017.6.NATIVE MIX SEEDING: 4/1 - 7/20; 9/20-10/2018.MAINTENANCE SHALL BEGIN IMMEDIATELY AFTER EACH PORTION OF THE WORK IS IN PLACE.PLANT MATERIAL SHALL BE PROTECTED AND MAINTAINED UNTIL THE INSTALLATION OF THEPLANTS IS COMPLETE, INSPECTION HAS BEEN MADE, AND PLANTINGS ARE ACCEPTED EXCLUSIVEOF THE GUARANTEE. MAINTENANCE SHALL INCLUDE WATERING, CULTIVATING, MULCHING,REMOVAL OF DEAD MATERIALS, RE-SETTING PLANTS TO PROPER GRADE AND KEEPING PLANTS INA PLUMB POSITION. AFTER ACCEPTANCE, THE OWNER SHALL ASSUME MAINTENANCERESPONSIBILITIES. HOWEVER, THE CONTRACTOR SHALL CONTINUE TO BE RESPONSIBLE FORKEEPING THE TREES PLUMB THROUGHOUT THE GUARANTEE PERIOD.19.ANY PLANT MATERIAL WHICH DIES, TURNS BROWN, OR DEFOLIATES (PRIOR TO TOTALACCEPTANCE OF THE WORK) SHALL BE PROMPTLY REMOVED FROM THE SITE AND REPLACED WITHMATERIAL OF THE SAME SPECIES, QUANTITY, AND SIZE AND MEETING ALL LANDSCAPE LEGENDSPECIFICATIONS.20.WATERING: MAINTAIN A WATERING SCHEDULE WHICH WILL THOROUGHLY WATER ALL PLANTSONCE A WEEK. IN EXTREMELY HOT, DRY WEATHER, WATER MORE OFTEN AS REQUIRED BYINDICATIONS OF HEAT STRESS SUCH AS WILTING LEAVES. CHECK MOISTURE UNDER MULCH PRIORTO WATERING TO DETERMINE NEED. CONTRACTOR SHALL MAKE THE NECESSARYARRANGEMENTS FOR WATER.TURF NOTES:TURF ESTABLISHMENT SHALL BE ACCOMPLISHED IN ACCORDANCE WITH THE PROVISIONSOF THE MN/DOT 2105 AND 2575 EXCEPT AS MODIFIED BELOW:1.ALL AREAS TO RECEIVE SOD SHALL ALSO RECEIVE 4" OF TOPSOIL PRIOR TOINSTALLING SOD. TOPSOIL SHALL BE FREE OF TREE ROOTS, STUMPS, BUILDING MATERIAL,AND TRASH, AND SHALL BE FREE OF STONES LARGER THAN 1 12" INCHES IN ANY DIMENSION.2.WHERE SOD ABUTS PAVED SURFACES, FINISHED GRADE OF SOD/SEED SHALL BE HELD 1" BELOWSURFACE ELEVATION OF TRAIL, SLAB, CURB, ETC.3.SOD SHALL BE LAID PARALLEL TO THE CONTOURS AND SHALL HAVE STAGGERED JOINTS. ONSLOPES STEEPER THAN 3:1 OR IN DRAINAGE SWALES, SOD SHALL BE STAKED SECURELY.4.TURF ON ALL OTHER AREAS DISTURBED BY CONSTRUCTION SHALL BE RESTORED BY SEEDING,MULCHING AND FERTILIZING. SEED MIXTURE NO.25-121 (FORMERLY MnDOT 240) WILL BEPLACED AT THE RATE OF 70 POUNDS PER ACRE.5.ALL DISTURBED AREAS TO BE TURF SEEDED, ARE TO RECEIVE 4" TOP SOIL, SEED, MULCH, ANDWATER UNTIL A HEALTHY STAND OF GRASS IS OBTAINED. FOR SLOPES STEEPER THAN 3:1 OR INDRAINAGE SWALES INSTALL EROSION CONTROL BLANKET.6.ALL DISTURBED AREAS TO RECEIVE NATIVE SEED, ARE TO RECEIVE PLANTING SOIL, SEED, MULCH,AND WATER UNTIL A HEALTHY STAND OF GRASS IS OBTAINED. FOR SLOPES STEEPER THAN 3:1 ORIN DRAINAGE SWALES INSTALL EROSION CONTROL BLANKET.IRRIGATION NOTES:1.IRRIGATION SYSTEM TO BE DESIGN/BUILD. CONTRACTOR TO SUBMIT SHOP DRAWINGSFOR APPROVAL OF SYSTEM LAYOUT PRIOR TO INSTALLATION.2.ALL SOD TO RECEIVE SPRAY OR ROTOR IRRIGATION HEADS WITH MINIMUM DESIGN OF1" IRRIGATION PER WEEK.3.ALL PLANT BEDS TO RECEIVE DRIP LINE IRRIGATION , WITH A MINIMUM DESIGN OF .25"IRRIGATION PER WEEK.4.CONTRACTOR TO INSTALL A TOTAL OF 4 QUICK COUPLERS AT THE CORNERS OF THEPROPERTY. A 2.5" TYPE K SOURCE PIPE IS PROVIDED BY MECHANICAL.NOTESPROVIDE & INSTALL RODENT PROTECTION1/2" HARDWIRE CLOTH, MESH CYLINDER, 8" DIA ORGREATER X 36" HT.. STAKE IN PLACEINSTALL TREE WITH ROOT FLARE VISIBLE AT TOP OFTHE ROOT BALL. REMOVE SOIL IN LEVEL MANNER FROMTOP OF ROOT BALL TO EXPOSE 1ST 1/2" OR LARGER MAINORDER ROOT IF NEEDED. SET ROOT BALL WITH MAINORDER ROOT 1" ABOVE ADJACENT GRADE. DO NOTCOVER TOP OF ROOT BALL WITH SOIL.PLACE NO MULCH IN CONTACT WITH TREE TRUNKREMOVE BURLAP, TWINE, ROPE AND WIRE FROMTOP HALF OF ROOT BALLBUILD 4" HIGH EARTH SAUCER BEYOND EDGE OFROOT BALLEDGE CONDITION VARIESPLACE ROOT BALL ON UNDISTURBED ORCOMPACTED SOILSCARIFY SIDES OF TREE PIT WITH SPADE BY HANDTO BIND WITH PREPARED SOILPLANTING SOIL, REFER TO SPECIFICATIONS, COMPACT TO 85%OF MAX. DRY UNIT WEIGHT ACCORDING TO ASTM D 698TAMP SOIL AROUND ROOT BALL BASE FIRMLY WITH FOOTPRESSURE SO THAT ROOT BALL DOES NOT SHIFTDIG PLANTING PIT 4" TO 6"DEEPER THAN ROOT BALLUNDISTURBEDSUBGRADENOTE:CONTRACTOR SHALL MAINTAIN TREES IN A PLUMBPOSITION THROUGHOUT THE WARRANTY PERIOD. IFSTAKING IS REQUIRED BY SITE CONDITIONS,CONTRACTOR TO USE 2 OR 3 STAKE METHOD WITH 1"WEBBING AROUND TRUNK OF THREE (NO WIRE ORCABLING TO BE USED)WRAP TREE TRUNKS ONLY UPON APPROVAL BYLANDSCAPE ARCHITECT11TREE PLANTING DETAILNTSL2.011INSTALL 2" LAYER OF MULCH, DO NOT PLACE INCONTACT W/ SHRUB STEMAPPLY PRE-EMERGENT HERBICIDEEDGE CONDITION VARIESEDGER, REFER TO PLAN AND SPECIFICATIONLOOSEN ROOTS OF CONTAINER GROWN PLANTSEXCAVATE PLANT BED MIN. 4" DEEPER THANROOT BALL HT.SCARIFY SIDES AND BOTTOM OF PLANTING BEDWITH SPADEUNDISTURBED SUBGRADESHRUB PLANTING DETAILNTSL2.012INSTALL 1" LAYER OF SHREDDED HARDWOOD MULCH OR 2"LAYER OF FINELY SHREDDED HARDWOOD MULCH. DO NOTPLACE IN CONTACT WITH PLANTEDGE CONDITION VARIESEDGER, REFER TO PLAN AND SPECIFICATIONLOOSEN ROOTS OF CONTAINER GROWN PLANTSPLANTING SOILSCARIFY SIDES AND BOTTOM OF PLANTING BED WITH SPADEUNDISTURBED SUBGRADENOTE:REFER TO EXTERIOR PLANTING SPECIFICATIONPERENNIAL PLANTING DETAILNTSL2.013 UPUPUPUPUPJLR 34,972 SF7 STALLS25 STALLSRAMP UP4 STALLSSERVICE RECEPTION7 STALLS15 STALLSSIGNSIGN14 STALLS20 STALLS9 STALLS12 STALLS14 STALLSSOLAR CHARGING STATION(CANOPY SYSTEM)BIKE RACKINDOOR VEHICLE DISPLAY 20,865 SF6'-0"EAST 77TH STREETBLOOMINGTON AVENUE SOUTHEAST 78TH STREET13'-8"COORDINATESCREENING WITH UTILITY COMPANYROOF SCREEN AREA:ALL ROOF TOP EQUIPMENT SHALL BE PLACED WITHIN THIS AREA TO ALLOW FOR SCREENING BY PARAPET WALL.Reproducing Is Prohibited. Return Upon Request.©Copyright. This Print/Computer FileGries Architectural Group, Inc.Use Only For Purpose Which Loaned. Copying OrIs The Exclusive Property Ofdate:job:d. by:rev.:GriesArchitectural Group Inc.500 North Commercial StreetNeenah, Wisconsin 54956Phone: 920-722-2445 Fax: 920-722-6605www.gries.design12/21/2017 1:30:44 PMZ:\2017\17-023 Morries JLR\17-023 Revit\17-023 Morries JLR.rvtA-0.1BJG, LCF, KJF11/15/1717-02312/21/17A NEW AUTOMOTIVE FACILITY FOR:MORRIES JAGUAR LAND ROVERRICHFIELD, MINNESOTA 1" = 30'-0"A-0.11SITE PLANAPPROX. SURFACE STALLS 127APPROX. PARKING STRUCTURE STALLS 148PARKINGTOTAL STALLS275JRL FINISHED 34,972 SF1ST FLOOR PARKING STRUCTURE20,865 SF BUILDING AREA2ND FLOOR PARKING STRUCTURE52,851 SF TOTAL AREA111,336 SF OVERALL SITE SF 139,628 SFBUILDING FOOTPRINT 58,485 SFSITE AREABUILDING LOT COVERAGE 41.9% SOLAR CHARGING STATION CANOPY STRUCT.2,648 SF 1" = 30'-0"A-0.12ROOF PLAN- SCREEN AREA UPUP ELEV VEHICLE HANDOVER VEHICLE HANDOVER ELEC. GENERAL OFFICE CPO MGR SALES MGR M. TOI. W. TOI. SERVICE RECEPTION TECHBREAK RM W. TECH M. TECHOIL/FLUIDS/ COMP PARTS PARTS. MGR SPECIAL TOOLS 21 BAYS SERVICE DEPARTMENT SALES SALES SALES GM JAN.SERV. MGRRETAIL/CASHIERRAMP DETAIL CAR WASH WASHEQUIP.TOOL STORAGEMECH INDOOR VEHICLE DISPLAY CONSULT. CONSULT. SERVICE ADVISORS 1 32 SHOWROOM LOADING DOORSSHOWROOM LOADING DOORSVEST. RAMP DN HIGHWAY DISPLAY ELEV. ROOF BELOW RAMP STORAGEFEATURED VEHICLE SHOWROOM OPEN SALES/ CONSULT ATTEND. OFFICE INDOOR VEHICLE DISPLAY Reproducing Is Prohibited. Return Upon Request. ©Copyright. This Print/Computer File Gries Architectural Group, Inc. Use Only For Purpose Which Loaned. Copying Or Is The Exclusive Property Of date: job: d. by: rev.:GriesArchitectural Group Inc.500 North Commercial StreetNeenah, Wisconsin 54956Phone: 920-722-2445 Fax: 920-722-6605www.gries.design11/16/2017 9:13:19 AMZ:\2017\17-023 Morries JLR\17-023 Revit\17-023 Morries JLR-topo -.rvtA-1.1 BJG, LCF, KJF 11/15/17 17-023A NEW AUTOMOTIVE FACILITY FOR:MORRIES JAGUAR LAND ROVERRICHFIELD, MINNESOTA 1/16" = 1'-0"A-1.1 1 FIRST FLOOR PLAN 1/16" = 1'-0"A-1.1 2 SECOND FLOOR 1 = 6'-10 11/16" 2 = 23'-7 7/16" 3 = 6'-10 11/16" TOTAL = 24% OF FRONT FACADE FACADE ARTICULATION FIRST FLOOR100' - 0"THIRD FLOOR123' - 0"43'-0"48'-0"SECOND FLOOR112' - 0"FIRST FLOOR100' - 0"THIRD FLOOR123' - 0"43'-0"48'-0"SECOND FLOOR112' - 0"Reproducing Is Prohibited. Return Upon Request.©Copyright. This Print/Computer FileGries Architectural Group, Inc.Use Only For Purpose Which Loaned. Copying OrIs The Exclusive Property Ofdate:job:d. by:rev.:GriesArchitectural Group Inc.500 North Commercial StreetNeenah, Wisconsin 54956Phone: 920-722-2445 Fax: 920-722-6605www.gries.design12/21/2017 1:37:59 PMZ:\2017\17-023 Morries JLR\17-023 Revit\17-023 Morries JLR.rvtA-4.2BJG, LCF, KJF11/15/1717-02312/21/17A NEW AUTOMOTIVE FACILITY FOR:MORRIES JAGUAR LAND ROVERRICHFIELD, MINNESOTA 1/16" = 1'-0"A-4.21WEST ELEVATION 1/16" = 1'-0"A-4.22EAST ELEVATIONA-4.23SW PERSPECTIVE VIEW FIRST FLOOR100' - 0"THIRD FLOOR123' - 0"48'-0"24'-2"SECOND FLOOR112' - 0"FIRST FLOOR100' - 0"THIRD FLOOR123' - 0"SECOND FLOOR112' - 0"Reproducing Is Prohibited. Return Upon Request.©Copyright. This Print/Computer FileGries Architectural Group, Inc.Use Only For Purpose Which Loaned. Copying OrIs The Exclusive Property Ofdate:job:d. by:rev.:GriesArchitectural Group Inc.500 North Commercial StreetNeenah, Wisconsin 54956Phone: 920-722-2445 Fax: 920-722-6605www.gries.design12/21/2017 1:40:01 PMZ:\2017\17-023 Morries JLR\17-023 Revit\17-023 Morries JLR.rvtA-4.1BJG, LCF, KJF11/15/1717-02312/21/17A NEW AUTOMOTIVE FACILITY FOR:MORRIES JAGUAR LAND ROVERRICHFIELD, MINNESOTA 1/8" = 1'-0"A-4.11NORTH ELEVATION 1/8" = 1'-0"A-4.12SOUTH ELEVATIONA-4.13NE PERSPECTIVE VIEW 4.86.67.87.06.67.08.08.77.67.07.28.17.67.07.28.17.67.07.28.18.77.56.97.17.98.57.37.27.78.47.60.75.16.47.07.17.17.37.78.07.77.57.57.88.07.77.57.57.88.07.77.57.57.88.07.77.47.47.67.77.26.96.97.46.50.74.55.05.35.76.06.26.16.26.36.46.46.26.26.36.46.46.26.26.36.46.46.26.26.26.36.26.06.06.25.95.65.64.90.73.83.83.84.24.74.84.64.54.75.15.04.74.64.85.15.04.74.64.85.15.04.74.54.75.05.04.74.84.84.33.73.32.70.72.82.22.42.82.82.62.52.73.03.02.72.62.83.03.02.72.62.83.13.02.72.62.83.13.13.02.92.72.52.21.91.50.62.10.80.91.01.11.01.01.11.21.21.11.11.11.21.21.11.11.11.21.21.11.11.21.31.41.41.31.21.11.00.90.80.50.4 0.48.88.81.71.71.61.11.21.31.51.61.41.41.51.61.51.31.21.22.02.42.52.52.42.83.33.43.12.93.13.43.22.72.42.51.62.23.03.63.94.14.55.05.14.94.84.95.24.94.34.04.11.62.33.34.35.15.55.96.26.46.46.46.46.46.25.75.45.12.33.64.96.37.27.17.27.57.88.17.67.37.37.27.06.02.13.24.56.47.56.96.56.97.97.56.76.77.27.45.80.9 0.98.51.21.21.11.11.11.21.11.00.90.91.61.61.41.31.41.41.21.10.90.72.22.01.81.71.81.61.51.31.10.82.52.62.42.42.32.11.91.71.41.10.63.52.21.71.41.31.82.52.83.03.23.53.43.33.12.72.42.21.81.50.90.33.82.91.91.41.11.01.92.73.03.44.04.44.03.83.93.52.92.62.32.01.20.2 0.24.74.04.64.73.93.74.03.93.43.34.14.95.05.45.24.23.94.24.34.34.34.53.75.46.35.95.75.24.23.93.94.34.95.35.95.07.57.56.45.54.63.53.23.34.05.06.07.17.08.18.06.75.64.32.92.93.95.26.37.67.66.87.66.96.04.52.93.04.35.66.57.26.46.37.36.86.14.83.12.73.24.65.76.46.96.06.47.36.86.04.93.32.83.34.65.76.46.96.06.67.66.96.25.23.83.53.64.55.76.57.26.27.98.17.16.45.64.44.14.24.85.66.57.67.57.87.97.06.86.04.74.44.75.25.76.47.57.46.17.17.07.47.05.75.45.86.26.36.36.75.74.96.06.47.47.97.16.87.06.96.35.85.54.55.56.67.67.77.67.46.85.95.04.65.97.07.87.66.35.44.23.84.85.97.16.95.54.53.52.6 2.68.3 8.32.5 2.63.42.83.12.32.52.52.52.93.02.63.23.22.82.72.92.52.32.32.12.32.01.92.32.01.72.22.01.72.32.01.72.12.01.92.42.52.22.93.02.63.13.22.72.62.72.42.02.11.91.91.71.61.71.61.53.50.20.20.10.10.10.10.20.20.20.20.10.10.10.10.20.40.60.70.60.50.60.70.70.70.50.60.70.70.70.50.60.70.70.70.50.60.70.70.60.50.60.70.70.60.40.30.20.10.10.1 0.2 0.5 0.5 0.5 0.5 0.5 0.4 0.4 0.4 0.4 0.3 0.2 0.1 0.1 0.1 0.10.2 0.3 0.4 0.4 0.3 0.2 0.2 0.2 0.4 0.5 0.5 0.5 0.5 0.3 0.10.10.10.20.30.40.50.60.50.40.50.60.60.50.50.50.60.60.50.30.20.20.30.50.8 0.9 0.8 0.7 0.6 0.7 0.8 0.9 0.8 0.7 0.5 0.4 0.4 0.3 0.2 0.10.20.50.60.70.91.01.11.11.00.90.70.50.40.20.10.10.20.30.40.50.70.90.90.80.60.50.60.80.90.80.50.30.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.01.21.2Plan ViewScale - 1" = 30ftScheduleSymbol Label Quantity Manufacturer Catalog Number WattageA14 Lithonia Lighting DSX1 LED 241A-11 Lithonia Lighting DSX1 LED 163B2 Lithonia Lighting DSX1 LED 241C2 Lithonia Lighting DSX1 LED 125StatisticsDescription Symbol Avg Max Min Max/Min Avg/MinEAST2.0 fc 4.7 fc 0.2 fc 23.5:1 10.0:1NORTHEAST5.6 fc 8.3 fc 2.6 fc 3.2:1 2.2:1PERIMETER0.4 fc 1.2 fc 0.0 fc N/A N/ASOUTH2.4 fc 3.5 fc 1.5 fc 2.3:1 1.6:1SOUTHEAST4.3 fc 8.5 fc 0.9 fc 9.4:1 4.8:1WEST4.7 fc 8.8 fc 0.4 fc 22.0:1 11.8:1 ORDINANCE NO. ______ AN ORDINANCE RELATING TO ZONING; AMENDING APPENDIX I TO THE RICHFIELD CITY CODE BY REZONING 1550 78TH STREET EAST AS PLANNED MIXED USE (PMU) THE CITY OF RICHFIELD DOES ORDAIN: Section 1. Section 18, Paragraph (4) of Appendix I of the Richfield Zoning Code is amended to read as follows: (4) M-18 (S of 77th, Bloomington to Cedar). That area lying between the center lines of 77th and 78th Streets, and between the center lines of Cedar Avenue and Bloomington Avenue except: The North 180.26 feet of the West 490 feet of the South ½ of the Southeast Quarter of the Southeast Quarter; That part of the West 330 feet of the South ½ of the Southeast Quarter of the Southeast Quarter lying South of the North 180.26 feet thereof; All in Section 35, Township 28, Range 24. . Sec. 2. Section 8, of Appendix I of the Richfield Zoning Code is amended by adding new Paragraphs (6) as follows: (6) The North 180.26 feet of the West 490 feet of the South ½ of the Southeast Quarter of the Southeast Quarter; That part of the West 330 feet of the South ½ of the Southeast Quarter of the Southeast Quarter lying South of the North 180.26 feet thereof; All in Section 35, Township 28, Range 24. Sec. 3. This ordinance is effective in accordance with Section 3.09 of the Richfield City Charter. Pat Elliott, Mayor ATTEST: Elizabeth VanHoose, City Clerk AGENDA SECTION:OTHER BUSINESS AGENDA ITEM #9. STAFF REPORT NO. 16 CIT Y COUNCIL ME E T ING 1/9/2018 RE P O RT P RE PA RE D B Y: J ared Voto, E xecutive A ide/A nalyst D E PA RTM E NT D IRE C TOR RE V IE W: S teven L . D evich, C ity Manager 12/29/2017 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 12/29/2017 I T E M F O R C O UNC I L C O NS I D E RAT IO N: Consideration of designating representatives to serve as the 2018 liaisons to various metropolitan agencies and C ity commissions. E X E C UT IV E S UM M ARY: Members of the City C ounc il serve as the City ’s representatives on various metropolitan agencies and City commissions. Each y ear, the City Council appoints these representatives. RE C O M M E ND E D AC T IO N: By motion: D esignate C ity Council liaison appointments to various metr opolitan agencies and City commissions for 2018. B AS IS O F RE C O M M E ND AT IO N: A.H IS TOR IC AL C ON TEXT This information is c ontained in the Exec utive Summary. B.P OL IC IE S (resolutions, ordinances, regulations, statutes, etc): The C ity Council c onsiders the designation of liaisons at the first meeting in J anuary of each year. C.C R IT IC AL T IMIN G ISSU E S: Representation on metropolitan agencies and c ommissions is important for the city and designations should be made at the first meeting of the year. D.F IN AN C IAL IMPAC T: None E.L E GAL C ON S ID E R AT ION : None ALT E R N AT IV E R E C O MME N D AT IO N(S): The C ity Council may defer the designations to a future City Council meeting. P R IN C IPAL PAR TIE S EXP E C T E D AT ME E T IN G: N/A AT TAC H ME N TS : D escripti on Type 2017 L i aison A ppointment L ist B ackup Materi al 12/21/17 AGENCY 2017 LIAISON 2018 LIAISON METRO CITIES PAT ELLIOTT, REP. MICHAEL HOWARD; EDWINA GARCIA; MARIA REGAN GONZALEZ, ALTS. LEAGUE OF MINNESOTA CITIES PAT ELLIOTT, REP. MICHAEL HOWARD, ALT. NOISE OVERSIGHT COMMITTEE PAM DMYTRENKO, REP. MARIA REGAN GONZALEZ, ALT. TRANSPORTATION COMMISSION MICHAEL HOWARD, LIA. MARIA REGAN GONZALEZ, ALT. I-35W SOLUTIONS ALLIANCE MICHAEL HOWARD, LIA. PAT ELLIOTT, ALT. JEFF PEARSON, STAFF LIA. 494 CORRIDOR COMMISSION PAT ELLIOTT, LIA. MICHAEL HOWARD, ALT. JACK BROZ, STAFF LIA. PLANNING COMMISSION EDWINA GARCIA, LIA. PAT ELLIOTT, ALT. COMM. SERVICES COMMISSION EDWINA GARCIA, LIA. MICHAEL HOWARD, ALT. ADVISORY BOARD OF HEALTH MARIA REGAN GONZALEZ, LIA. EDWINA GARCIA, ALT. HUMAN RIGHTS COMMISSION MICHAEL HOWARD, LIA. MARIA REGAN GONZALEZ, ALT. FRIENDSHIP CITY COMMISSION MICHAEL HOWARD, LIA. PAT ELLIOTT, ALT. ARTS COMMISSION PAT ELLIOTT, LIA. MICHAEL HOWARD, ALT. CIVIL SERVICE COMMISSION MARIA REGAN GONZALEZ, REP. RICHFIELD COMMUNITY HUMAN EDWINA GARCIA, REP. SERVICES PLANNING COUNCIL MARIA REGAN GONZALEZ, ALT. FOWL BOARD MARIA REGAN GONZALEZ, REP. EDWINA GARCIA, ALT. SOUTHWEST CABLE COMMISSION PAT ELLIOTT, REP. STEVE DEVICH, REP. MICHAEL HOWARD, ALT. 12/21/17 AGENCY 2017 LIAISON 2018 LIAISON RICHFIELD HISTORICAL SOCIETY EDWINA GARCIA, REP. PAT ELLIOTT, ALT. RICHFIELD SCHOOL DISTRICT MARIA REGAN GONZALEZ, REP. MICHAEL HOWARD, ALT. BEYOND THE YELLOW RIBBON MARIA REGAN GONZALEZ, REP. AGENDA SECTION:OTHER BUSINESS AGENDA ITEM #10. STAFF REPORT NO. 17 CIT Y COUNCIL ME E T ING 1/9/2018 RE P O RT P RE PA RE D B Y: J ared Voto, E xecutive A ide/A nalyst D E PA RTM E NT D IRE C TOR RE V IE W: S teven L . D evich, C ity Manager 12/29/2017 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 12/29/2017 I T E M F O R C O UNC I L C O NS I D E RAT IO N: Discussion regarding City C ouncil attendance at the 2018 National League of Cities (N L C) Conferences. E X E C UT IV E S UM M ARY: Acc ording to S tate Statute 471.66, the governing body of c ities and school districts must adopt a polic y that controls out-of-state travel for elec ted officials. That policy was adopted by the City C ounc il in November 2005 and stipulates that the City Counc il must approve, in advanc e by a motion, attendance at out-of-state conferences. RE C O M M E ND E D AC T IO N: By motion: D esignate C ouncil Member(s) to attend the March 11-14, 2018 N L C C ongressional City Conference in W ashington, D .C. and the N ovember 7-10, 2018 N L C City Summit in Los Angeles, C A. B AS IS O F RE C O M M E ND AT IO N: A.H IS TOR IC AL C ON TEXT The C ity Council has determined that attendance at the NL C conferences is benefic ial to the City ’s operations and long-range planning efforts. I nformation regarding the 2018 conferenc es is available on their website: www.nlc .org. B.P OL IC IE S (resolutions, ordinances, regulations, statutes, etc): This information is c ontained in the Exec utive Summary. C.C R IT IC AL T IMIN G ISSU E S: I t is critic al that the C ity Council remains in the informational loop regarding c ongressional activities as it relates to federal funds and homeland security issues. D.F IN AN C IAL IMPAC T: Funds for the C ity Council to attend the NLC conferenc e(s) are inc luded in the C ity’s 2018 budget. E.L E GAL C ON S ID E R AT ION : None ALT E R N AT IV E R E C O MME N D AT IO N(S): The C ity Council may address this designation prior to each c onferenc e or the C ounc il may decline to send delegates. P R IN C IPAL PAR TIE S EXP E C T E D AT ME E T IN G: N/A AT TAC H ME N TS : D escripti on Type 2014-2017 C onference A ttendance B ackup Materi al COUNCIL MEMBER ATTENDANCE AT NATIONAL CONFERENCES 2014 - 2017 CONFERENCE DATE LOCATION ATTENDEES 2017 NLC Congressional City March 11-14 Washington, DC Garcia Regan Gonzalez NLC City Summit Nov. 15-18 Charlotte, NC Trautmann 2016 NLC Congressional City March 5-9 Washington, DC Goettel NLC City Summit Nov. 16-19 Pittsburgh, PA Goettel 2015 NLC Congressional City March 3-7 Washington, DC Goettel NLC City Summit Nov. 4-7 Nashville, TN Goettel 2014 NLC Congressional City March 8-12 Washington, DC Goettel Garcia NLC City Summit Nov. 18-22 Austin, TX Goettel