10-09-2018 Complete AgendaS P E C IAL C ITY C O U N C IL, H O U S IN G AN D R E D 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 E N TE R, B AR TH O LO ME W R O O M
O C TO B E R 9, 2018
6:15 P M
C all to order
1.D iscussion of potential Multi-F amily D evelopment at L unds & B yerlys (6228 P enn Ave).
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
October 4, 2018
Council Memorandum No. 73 HRA Memorandum No. 15
Housing and Redevelopment
The Honorable Mayor Authority Commissioners
and City of Richfield
Members of the City Council
Subject: Potential Development - 6228 Penn Ave
Council Members:
On October 9 at 6:15 p.m., representatives of Lunds and Bylerys will present a
preliminary concept to add multi-family housing and additional retail space to their
property at 6228 Penn Avenue. The property at 6228 Penn Avenue is zoned and guided
for Mixed Use development.
Respectfully submitted,
Steven L. Devich
City Manager
SLD:mnp
Email: Assistant City Manager
Department Directors
Planning Commission
R EG U LAR C IT Y C O U N C IL MEET IN G
R IC H F IE L D MU N IC IPAL C E N TE R, C O U N C IL C H AMB E R S
O C TO B E R 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 minutes 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 wish to address
the C ouncil must have registered prior to the meeting.
P ledge of A llegiance
A pproval of the minutes of the: (1) S pecial C ity C ouncil work session of S eptember 17, 2018; (2) S pecial C ity C ouncil
work session of S eptember 25, 2018; and (3) Regular C ity C ouncil meeting of S eptember 25, 2018.
C O U N C IL D ISC U SSIO N
1.Hats Off to Hometown Hits
AG E N D A APPR O VAL
2.A pproval of the A genda
3.Consent Calendar contains several separate items, which are acted upon by the City Council in one
motion. Once the Consent Calendar has been approved, the individual items and recommended
actions have also been approved. No further Council action on these items is necessary. However, any
Council Member may request that an item be removed from the Consent Calendar and placed on the
regular agenda for Council discussion and action. All items listed on the Consent Calendar are
recommended for approval.
A .C onsideration of the approval of the purchase of an E lgin street sweeper in 2019 from MacQueen
E quipment Inc. in the amount of $197,701, including trade-in, for use by the P ublic Works D epartment.
S taff Report No. 172
B .C onsideration of the adoption of a resolution authorizing an amendment to extend the expiration date of the
partnership agreement with the S tate of Minnesota D epartment of Transportation (MnD OT) for the
purchase of fuel to J une 30, 2019.
S taff Report No. 173
C .C onsideration of the approval of a license agreement with E -C lan, Inc. d/b/a B &J Trees, to sell trees under
the picnic pavilion at Veterans P ark.
S taff Report No. 174
D .C onsideration of the approval of first reading of an ordinance rezoning property at 7301 P enn Avenue S
from S ingle F amily Residential (R) to Neighborhood B usiness (C -1).
S taff Report No. 175
E .C onsideration of the approval of first reading of an ordinance amending the Zoning C ode to make tattoo
businesses 'permitted' rather than 'conditionally permitted' in the C -2 General B usiness Zoning D istrict.
S taff Report No. 176
4.C onsideration of items, if any, removed from C onsent C alendar
P U B LIC H E AR IN G S
5.P ublic hearing and consideration of the adoption of resolutions regarding the annual Interstate/Lyndale/Nicollet
(IL N) P roject A rea assessment and proposed work for 2019.
S taff Report No. 177
6.P ublic hearing and consideration of the adoption of resolutions regarding the annual Lyndale/HUB /Nicollet (L HN)
Maintenance D istrict assessment and proposed work for 2019.
S taff Report No. 178
7.P ublic hearing and consideration of the adoption of a resolution adopting the assessment for removal of diseased
trees from private property for work ordered from J anuary 1, 2017, through D ecember 31, 2017.
S taff Report No. 179
8.P ublic hearing and consideration of the approval of a second reading of a Transitory Ordinance vacating 64th
S treet right-of-way between 16th Avenue and Richfield P arkway.
S taff Report No. 180
9.P ublic hearing and consideration of the adoption of a resolution adopting the assessment for unpaid false alarm
user fees against private property.
S taff Report No. 181
10.P ublic hearing and consideration of the adoption of a resolution adopting the assessment for weed elimination
from private property and removal or elimination of public health or safety hazards from private property.
S taff Report No. 182
11.C ancel the public hearing and consideration of a resolution for a preliminary plat of the "C edar P oint II" A ddition.
S taff Report No. 183
O T H E R B U S IN E S S
12.C onsideration of a request for the C ity C ouncil to confirm the appointment of P am D ymtrenko as A dminitrative
S ervices D irector/A ssistant C ity Manager for the C ity of Richfield.
S taff Report No. 184
C IT Y MAN AG E R’S R E P O R T
13.C ity Manager's Report
C LAIMS AN D PAYR O L LS
14.C laims and P ayrolls
Open forum (15 minutes 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 wish to address
the C ouncil must have registered prior to the meeting.
15.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 COUNCIL MEETING MINUTES
Richfield, Minnesota
Special City Council Work Session
September 17, 2018
CALL TO ORDER
The work session was called to order by Mayor Elliott at 6:18 p.m. in the Bartholomew Room.
Council Members Pat Elliott, Mayor; Maria Regan Gonzalez; and Michael Howard.
Present:
Council Members Edwina Garcia and Simon Trautmann.
Absent:
Staff Present: Steven L. Devich, City Manager; and Kristin Asher, Public Works Director.
Item #1
LYNDALE AVENUE RECONSTRUCTION PROJECT
Mayor Elliott stated the purpose of the meeting. He stated that he wanted to clarify that when
he stated that there were some decisions to be made, that did not include the roundabout. The
decision for the roundabout is done and he apologized if his statem ent confused residents that that
decision could be changed.
The general discussion among the residents directed to the City staff and City Council were
centered on the following:
The City's community input process for the project was confusing and didn't provide adequate
communication with residents most impacted.
Several suggestions were made relating to improving the resident input and communications
process including but not limited to: City Council should be door-knocking to make sure all of
the residents are informed about City initiatives, big glaring signs, door knocking, e -mail
surveys, utilizing block captains to get messaging out.
Several specific questions were asked regarding different elements of the project (i.e. width of
the road, right of way clarification, roundabout safety etc.).
The City Council and staff indicated that they heard the issues presented by the residents and
would look toward ways to improve the process in the future.
ADJOURNMENT
The work session was adjourned by unanimous consent at 6:58 p.m.
Special City Council Work Session Minutes -2- September 17, 2018
Date Approved: October 9, 2018
_____________________________
Pat Elliott
Mayor
_____________________________ ____________________________
Jared Voto Steven L. Devich
Executive Aide/Analyst City Manager
CITY COUNCIL MEETING MINUTES
Richfield, Minnesota
Special City Council Work Session
September 25, 2018
CALL TO ORDER
The work session was called to order by Mayor Elliott at 6:15 p.m. in the Bartholomew Room.
Council Members Pat Elliott, Mayor; Edwina Garcia; Maria Regan Gonzalez; Michael Howard;
Present: and Simon Trautmann.
Staff Present: Steven L. Devich, City Manager; Mary Tietjen, City Attorney; Kristin Asher,
Public Works Director; Chris Link, Operations Superintendent; Jack Broz,
Transportation Engineer; and Jared Voto, Executive Aide/Analyst.
Item #1
SNOW AND ICE POLICY
Operations Superintendent Link presented on the snow and ice control policy, including the no
bare-pavement policy (e.g. no salting on residential roads), priority levels for plowing main and
residential city streets, sidewalk/trail maintenance, education and outreach, and information on snow
emergencies.
Council asked questions about the responsibility of clearing sidewalks, the time and priority for
plowing sidewalks, and commented on the quality work of the Public Works Department in clearing
snow.
Item #2
RICHFIELD PEDESTRIAN MASTER PLAN
Transportation Engineer Broz presented on the Richfield Pedestrian Master Plan, which was
developed along with the comprehensive plan update. He shared the context of this Plan in relation to
other plans that have been developed and are used by City staff, the pedestrian demand throughout
the city, pedestrian experience, and pedestrian network of places and routes around the city. He also
discussed the plan and policy review and implementation of the Plan.
Council Member Regan Gonzalez asked about the public input process for this Plan.
Transportation Engineer Broz discussed that this Plan was brought together with the
Comprehensive Plan and the pedestrian issues brought forward during the planning for reconstruction
of Portland Avenue, 66th Street, and Lyndale Avenue.
Public W orks Director Asher stated the Plan could put it out for public comment and offered
that comments can be directed to public works staff.
Council Member Regan Gonzalez asked about roundabouts and pedestrian issues that have
been brought by residents, such as when is the use of flashing beacons warranted.
Special City Council Work Session Minutes -2- September 25, 2018
Public Works Director Asher stated that there isn’t a threshold, but they are being put in
because residents have asked for them, so they are looked at in a case-by-case basis.
ADJOURNMENT
The work session was adjourned by unanimous consent at 6:56 p.m.
Date Approved: October 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 7:01 p.m. in the Council Chambers.
Council Members Pat Elliott, Mayor; Edwina Garcia; Maria Regan Gonzalez; Michael Howard;
Present: and Simon Trautmann.
Staff Present: Steven L. Devich, City Manager; Mary Tietjen, City Attorney; John Stark,
Community Development Director; Jay Henthorne, Chief of Police; Melissa
Poehlman, Planning and Redevelopment Manager/Assistant Community
Development Director; Jennifer Anderson, Support Services Manager; Julie
Urban, Housing Manager; and Jared Voto, Executive Aide/Analyst.
Mayor Elliott stated that open forum cards received touch on topics on tonight’s agenda and
those items will be taken up by Council this evening.
PLEDGE OF ALLEGIANCE
Mayor Elliott led the Pledge of Allegiance.
APPROVAL OF MINUTES
M/Elliott, S/Regan Gonzalez to approve the minutes of the: (1) Special City Council work
session of September 11, 2018; (2) Special concurrent City Council and Planning Commission work
session of September 11, 2018; and (3) Regular City Council meeting of September 11, 2018.
Motion carried 5-0.
Item #1
ANNUAL MEETING WITH THE ADVISORY BOARD OF HEALTH
Kristine Klos, Chair of the Advisory Board of Health, thanked the Council and presented
highlights of the Board’s work in 2017 and the work they are continuing in 2018.
Council Members thanked the Board for their work and commented on the work of Richfield’s
public health division and work of the Board.
CITY COUNCIL MEETING MINUTES
Richfield, Minnesota
Regular Meeting
September 25, 2018
Council Meeting Minutes -2- September 25, 2018
Item #2
COUNCIL DISCUSSION
Hats Off to Hometown Hits
Council Member Regan Gonzalez spoke regarding the fall programming at Wood Lake Nature
Center and invited people to attend activities; on October 11 at 6:30 p.m. at Wood Lake Nature
Center the Richfield Foundation is hosting an autumn wine tasting; and thanked Richfield
Bloomington Honda for donating $10,000 to Richfield Public Schools.
Council Member Howard thanked everyone who planned and attended Penn Fest; and
mentioned the annual pumpkin patch is open every Saturday and Sunday from 10 a.m. to sunset from
September 29 through October 28.
Council Member Trautmann thanked all the volunteers who helped make Penn Fest a great
event; and discussed winter youth basketball league.
Council Member Garcia wished Mayor Elliott and Council Member Regan Gonzalez a happy
birthday; mentioned the Community Center’s Santa program where kids can write a letter to Santa; on
October 6 the League of Women Voters are having an election forum; the Richfield History Center is
having their annual dinner on October 13 at 5:30 p.m. at the American Legion; on October 17 the
Richfield Historical Society is hosting an event on “Richfield: From Village to City” at the Community
Center; Pilgrim’s Dry Cleaners is collecting coats for kids now through October 13; the Richfield
Farmers Market continues on Saturday; and discussed an event where Senator Klobuchar, Senator
Smith, and Senator Cortez from Nevada presented encouraging people to vote.
Mayor Elliott commented that after reviewing the open forum cards he decided that two of the
audience members would be given time to speak as they did not have items that were directly on
tonight’s agenda.
OPEN FORUM
Lee Ohnesorge, 7717 Chicago Ave S #702, spoke regarding the need for not only affordable
housing in Richfield, but also the importance of accessible housing.
Ricardo Perez, 7228 Girard Ave S, spoke regarding changing the narrative about tenants and
rental housing.
Item #3
APPROVAL OF THE AGENDA
M/Howard, S/Trautmann to approve the agenda.
Motion carried 5-0.
Item #4
CONSENT CALENDAR
City Manager Devich presented the consent calendar.
Council Meeting Minutes -3- September 25, 2018
A. Consideration of the approval of a contract renewal with Adesa Minneapolis for 2018-2019 for
auctioning forfeited vehicles from Public Safety/Police. (S.R. No. 161)
B. Consideration of the approval of an agreement between the Hennepin County Human
Services and Public Health Department and the City of Richfield Police Department for
continuing funds for a Police Cadet and/or Community Service Officer position and Joint
Community Police Partnership training in 2019. (S.R. No. 162)
C. Consideration of the approval of a first reading of a Transitory Ordinance vacating 64th Street
right-of-way between 16th Avenue and Richfield Parkway and schedule a public hearing and
second reading for October 9, 2018. (S.R. No. 163)
D. Consideration of the adoption of a resolution certifying delinquent water, sanitary sewer, and
storm water charges to the Hennepin County Auditor to be included in the property owner's
annual property tax bill. (S.R. No. 164)
RESOLUTION NO. 11545
RESOLUTION AUTHORIZING CERTIFICATION OF UNPAID WATER,
SANITARY SEWER, AND STORM WATER CHARGES TO THE
COUNTY AUDITOR TO BE COLLECTED WITH OTHER TAXES ON
SAID PROPERTIES
This resolution appears as Resolution No. 11545.
E. Consideration of the approval of rejecting all bids for roof replacement, mechanical cooling
units and related electrical work for the municipal liquor store at 7700 Lyndale S. (S.R. No.
165)
M/Elliott, S/Regan Gonzalez to approve the consent calendar.
Motion carried 5-0.
Item #5
CONSIDERATION OF ITEMS, IF ANY, REMOVED FROM THE CONSENT
CALENDAR
None.
Item #6
PUBLIC HEARING AND CONSIDERATION OF THE ADOPTION OF A
RESOLUTION REVOKING A CONDITIONAL USE PERMIT FOR LAKES BUFFET
RESTAURANT AT 6601 NICOLLET AVENUE. (S.R. NO. 166)
Council Member Garcia presented Staff Report No. 166.
Community Development Director Stark added additional background on the approval of the
conditional use permit in May 2017. He also discussed the letters sent to the owners and their limited
response. He outlined the action before the City Council and provided an alternate consideration of
the owners purchasing the equipment by October 26 and having 60 days to install the equipment,
because he believed even if the equipment was purchased tomorrow there would not be enough time
to install the system by the October 26 deadline.
Council Member Garcia opened the public hearing.
Council Meeting Minutes -4- September 25, 2018
Julie Lapensky, 6621 Stevens Ave S, spoke regarding the heavy cooking smell that comes
from the business and is concerned about the lack of response from the business and asked that
action be taken to correct the issue.
Cathy Bender, 6637 Stevens Ave S, spoke regarding the smell and stated it is inexcusable to
wait this long after citizen complaints.
M/Elliott, S/Regan Gonzalez to close the public hearing.
Motion carried 5-0.
Mayor Elliott spoke regarding accommodating the business through a variance. He also
discussed the conversation during about how many complaints are enough to take action. He stated
he was inclined to following Community Development Director Stark’s recomm endation on allowing
the owners to purchase the equipment.
Council Member Garcia asked to look at the policy and adjust it to add fines if a business
doesn’t comply with the ordinance.
City Attorney Tietjen stated they would need to look into the ordinances. In order to impose
fines the City needs explicit authority under State law or under City Code and it is something that can
be looked into.
Community Development Director Stark commented that it if Council approves his modified
suggestion that there cannot be any gray area and that all of the equipment must be purchased in full
and evidence provided to the Community Development Director.
Council Member Howard stated its concerning the owners are not here to speak to the
Council. He asked for staff guidance on the motion.
M/Garcia, S/Howard to adopt a resolution revoking the conditional use permit for a restaurant
at 6601 Nicollet Avenue. Revocation would be effective on October 26, 2018, if the odor control
mechanical devices are not purchased in full, as evidenced to City staff and further would be effective
60 days thereafter if such equipment is not completely installed and functioning.
RESOLUTION NO. 11546
RESOLUTION REVOKING A CONDITIONAL USE PERMIT FOR A
RESTAURANT AT 6601 NICOLLET AVENUE S
Motion carried 4-1. (Council Member Regan Gonzalez opposed.) This resolution appears as
Resolution No. 11546.
Council Member Regan Gonzalez stated she was in favor of revocation of the conditional use
permit.
Item #7
PUBLIC HEARING AND CONSIDERATION OF THE ADOPTION OF A
RESOLUTION FOR A FINAL PLAT OF "LYNDALE GARDENS 2ND ADDITION"
WHICH WILL INCORPORATE 6328 ALDRICH AVENUE AND RECONFIGURE
EXISTING LOTS AND OUTLOTS OF THE LYNDALE GARDEN CENTER
SITE TO ALIGN WITH APPROVED DEVELOPMENT PLANS. (S.R. NO. 167)
Council Member Trautmann presented Staff Report No. 167 and opened the public hearing.
Council Meeting Minutes -5- September 25, 2018
M/Howard, S/Elliott to close the public hearing.
Motion carried 5-0.
M/Trautmann, S/Howard to adopt a resolution for a final plat of "Lyndale Gardens 2nd
Addition."
RESOLUTION NO. 11547
RESOLUTION GRANTING APPROVAL OF A FINAL PLAT FOR
LYNDALE GARDENS 2ND ADDITION
Motion carried 5-0. This resolution appears as Resolution No. 11547.
Item #8
CONTINUE THE PUBLIC HEARING AND CONSIDERATION OF A
PRELIMINARY PLAT OF THE "CEDAR POINT II" ADDITION TO OCTOBER 9,
2018. (S.R. NO. 168)
Council Member Howard presented Staff Report No. 168.
M/Howard, S/Elliott to continue the public hearing to consider a resolution for a preliminary plat
of the "Cedar Point II" Addition to October 9, 2018.
Motion carried 5-0.
Item #9
CONSIDERATION OF THE APPROVAL OF A VARIETY OF LAND USE
APPROVALS RELATED TO A PROPOSAL TO CONSTRUCT 218
APARTMENTS AND 72 TOWNHOMES ALONG 16TH AVENUE AND RICHFIELD
PARKWAY BETWEEN APPROXIMATELY TAFT PARK AND 65TH STREET.
(S.R. NO. 169)
Council Member Regan Gonzalez presented Staff Report No. 169.
Mayor Elliott stated he was excited for the project.
M/Regan Gonzalez, S/Garcia to approve an ordinance amending Appendix I of the Richfield
City Code to change the zoning designation of Blocks 1 and 2, Iversons 2nd Addition from MR-3
(High-Density Residential) to PMR (Planned Multi-Family Residential).
Motion carried 5-0.
M/Regan Gonzalez, S/Howard to adopt a resolution approving a Planned Unit Development,
Conditional Use Permit, and Final Development Plan for a multi-family apartment and townhome
development to be built on property legally described as Blocks 1 and 2, Iversons 2nd Addition.
RESOLUTION NO. 11548
RESOLUTION APPROVING A FINAL DEVELOPMENT PLAN AND
CONDITIONAL USE PERMIT FOR A PLANNED UNIT DEVELOPMENT
Motion carried 5-0. This resolution appears as Resolution No. 11548.
Council Meeting Minutes -6- September 25, 2018
Item #10
CONSIDERATION OF THE APPROVAL OF THE SECOND READING OF AN
ORDINANCE ADOPTING A NEW CITY CODE SECTION 409 RELATING TO THE
SALE OF AFFORDABLE RENTAL HOUSING AND ESTABLISHING NOTICE
AND RELOCATION ASSISTANCE REQUIREMENTS FOR NEW OWNERS. (S.R.
NO. 170)
Council Member Howard presented Staff Report No. 170.
Council Member Howard asked staff to walk through the clarifications made to the ordinance.
Housing Manager Urban discussed each of the changes that were made between the first and
second reading, which included clarified relocation assistance, the tenant protection period, defined
transfer of ownership, and additional clarifications that assist landlords and tenants to understand the
ordinance and staff to enforce the ordinance.
Mayor Elliott commented that one of the first amendments to this ordinance may be to apply
this ordinance to accessibility housing as well.
Council Member Regan Gonzalez stated her excitement for this ordinance. She spoke about
the affordable housing crisis facing Richfield and our nation and discussions she has had in the
community on this topic.
Council Member Trautmann commented on the growth of housing values for homeowners and
the fact that renters have not received the same benefit and the importance of assisting Richfield’s
renters.
Council Member Howard thanked others on the Council for their work at making this a priority.
He stated it is an important protection for tenants and there is still work to be done in this area. He
thanked the renters for being active and pushing for these steps.
M/Howard, S/Regan Gonzalez to approve the second reading of an ordinance adopting a new
City Code Section 409 relating to the sale of affordable rental housing and establishing notice and
relocation assistance requirements for new owners.
Motion carried 5-0.
Item #11
CONSIDERATION OF THE ADOPTION OF A RESOLUTION APPROVING AN
INCLUSIONARY AFFORDABLE HOUSING POLICY. (S.R. NO. 171)
Council Member Trautmann presented Staff Report No. 171. He asked for clarification that this
policy applies to projects where the City provides a subsidy to the developer.
Community Development Director Stark agreed and stated the subsidy could come in many
forms such as tax increment financing or selling a property at a discounted value.
Council Member Howard commented that this is a value statement of how the City will
proceed with redevelopment opportunities. He highlighted work that the City has done in the last year
on housing. He stated the City is committed to this work.
Mayor Elliott asked for clarification on the subsidy if a property is sold at a discounted value.
Council Meeting Minutes -7- September 25, 2018
Community Development Director Stark, Mayor Elliott, and Council Member Trautmann
discussed the policy as it relates to single-family home construction. The discussion concluded with
agreement to have the policy relate to developments of five units or more.
M/Trautmann, S/Howard to adopt a resolution approving an Inclusionary Affordable Housing
Policy related to developments of five units or more.
RESOLUTION NO. 11549
A RESOLUTION APPROVING THE ADOPTION OF
AN INCLUSIONARY AFFORDABLE HOUSING POLICY
Motion carried 5-0. This resolution appears as Resolution No. 11549.
Community Development Director Stark stated since these are new requirements they may
come back to Council in the future with tweaks.
Council Member Trautmann suggested bringing the modified language to the next meeting to
be approved.
Community Development Director Stark agreed to bring it back next meeting on the consent
calendar.
Council Member Regan Gonzalez commented on this policy as a piece of a number of items
the City has been pursuing to ensure we have a wide variety of housing options in Richf ield. She also
mentioned that City staff is researching and drafting a policy regarding inclusion of physically
accessible housing units and amenities.
Item #12
CITY MANAGER’S REPORT
City Manager Devich stated he had nothing to report.
Item #13
CLAIMS AND PAYROLLS
M/Garcia, S/Elliott that the following claims and payrolls be approved:
U.S. Bank 09/25/18
A/P Checks: 271252 - 271660 $ 2,411,556.29
Payroll: 139670 - 139984 ; 42869 640,547.08
TOTAL $ 3,052,103.37
Motion carried 5-0.
OPEN FORUM
None.
Council Meeting Minutes -8- September 25, 2018
Item #14
ADJOURNMENT
The meeting was adjourned by unanimous consent at 8:36 p.m.
Date Approved: October 9, 2018
Pat Elliott
Mayor
Jared Voto Steven L. Devich
Executive Aide/Analyst City Manager
AGENDA SECTION:CONSENT CALENDAR
AGENDA ITEM #3.A.
STAFF RE P ORT NO. 172
CIT Y COUNCIL ME E T ING
10/9/2018
RE P O RT P RE PA RE D B Y: C hris L ink, Operations S uperintendent
D E PA RTME NT D IRE C TO R RE V IE W: K ristin A sher, P ublic Works D irector
10/2/2018
O THE R D E PA RTM E NT RE V IE W: N/A
C ITY MA NA G E R RE V IE W: S teven L . D evich, C ity Manager
10/3/2018
I T E M F O R C O UNC IL C O NS ID E RAT I O N:
Consideration of the approval of the purchase of an Elgin street sweeper in 2019 from MacQueen
Equipment Inc. in the amount of $197,701, including trade-in, for use by the Public Works Department.
E X E C UT IV E S UM M ARY:
The street sweeper to be replaced is a fully depreciated piece of equipment that was purchased through the
Storm W ater Budget. This piece of equipment is used by the Public W orks Department for street and leaf
sweeping, specifically for storm water protection. The storm water protection is provided by reducing the
amount of phosphorus and organic debris that enters storm water holding ponds.
Replacement Schedule
The street sweeper that is to be replaced has outlasted its scheduled 15 year replacement date of 2016. Due
to it's age, replacement parts availability is becoming an issue and it has been determined that it is no longer
cost effective to make major repairs to the street sweeper.
Approval to purchase at this meeting will ensure delivery of the vehicle in the year in which it is budgeted.
RE C O M M E ND E D AC T I O N:
By motion: Approve the purchase of an Elgin street sweeper in 2019 from MacQueen Equipment Inc. in
the amount of $197,701, including trade-in, for use by the Public W orks Department.
B AS IS O F RE C O M M E ND AT I O N:
A.H IS TOR IC AL C ON T E X T
The Public W orks Department utilizes three sweepers for operations.
The sweeper to be replaced has been extended 3 years past its original replacement schedule.
The sweepers are scheduled to have a 15 year service life before replacement.
B.P OL IC IE S (resolutions, ordinances, regulations, statutes, etc):
Purchasing supplies, materials, and equipment through a cooperative purchasing program allows
the City to purchase items at a lower cost due to the purchasing power of a large group.
The City of Richfield currently purchases from four cooperative sources:
Hennepin County Cooperative Purchasing Program
State of Minnesota Cooperative Purchasing Program
National J oint Powers Agreement Cooperative Purchasing Program
Houston Galveston Area Council
The State of Minnesota Cooperative Purchasing Program will be used for the purchase of the new
street sweeper.
W hen the purchase of materials, merchandise, equipment, or construction exceeds $175,000,
authority to purchase shall be submitted to the City Council for consideration.
C.C R IT IC AL T IMIN G IS S U E S:
Approval at this meeting will ensure delivery of the vehicle in the year in which it is budgeted.
D.F IN AN C IAL IMPAC T:
Purchase of the street sweeper is identified in the 2018R-2019P Storm Water Budget (53000-
7400) for $200,000.
The purchase price includes $10,000 trade-in for the current sweeper.
The total purchase price is $191,701.00.
E.L E GAL C ON S ID E R AT ION:
The City Attorney will be available to answer questions.
ALTE R N AT IV E R E C O MME N D ATIO N(S):
None
P R IN C IPAL PAR TIE S E X P E C TE D AT ME E TIN G:
None
AGENDA SECTION:CONSENT CALENDAR
AGENDA ITEM #3.B.
STAFF RE P ORT NO. 173
CIT Y COUNCIL ME E T ING
10/9/2018
RE P O RT P RE PA RE D B Y: C hris L ink, Operations S uperintendent
D E PA RTME NT D IRE C TO R RE V IE W: K ristin A sher, P ublic Works D irector
10/2/2018
O THE R D E PA RTM E NT RE V IE W: N/A
C ITY MA NA G E R RE V IE W: S teven L . D evich, C ity Manager
10/3/2018
I T E M F O R C O UNC IL C O NS ID E RAT I O N:
Consideration of the adoption of a resolution authorizing an amendment to extend the expiration date
of the partnership agreement with the State of Minnesota Department of Transportation (MnD O T) for
the purchase of fuel to June 30, 2019.
E X E C UT IV E S UM M ARY:
The City of Richfield currently does not own/operate a fueling station. The City of Richfield relies on
partnerships with Hennepin County and MnD OT to fulfill this need.
The original fuel purchasing agreement with MnD OT has expired. This original partnership agreement was
authorized by City Council on May 13, 2014. The proposed amendment to the original agreement would
extend the expiration date of the agreement from J une 30, 2018 to J une 30, 2019. The current agreement is
only being extended through J une 2019 because a new agreement is anticipated to be negotiated with
MnD OT in early 2019.
Entering into these types of partnerships has allowed the City to:
Build a Maintenance Facility without fuel tanks;
Show good public relations looking for more efficient and cost effective ways to provide services; and
Reduce potential for additional pollution problems.
Currently the motor pool uses about 50,000 gallons of gasoline and 35,000 gallons of diesel fuel per year.
RE C O M M E ND E D AC T I O N:
By motion: Adopt a resolution authorizing an amendment to extend the expiration date of the
partnership agreement with the State of Minnesota Department of Transportation (MnD O T) for the
purchase of fuel to June 30, 2019.
B AS IS O F RE C O M M E ND AT I O N:
A.H IS TOR IC AL C ON T E X T
The City has the opportunity to extend until J une 30, 2019 its partnership agreement with MnD OT
at the Cedar Avenue Truck Station for the cost of fuel and applicable taxes plus 12.07% handling
fee.
An agreement with MnD OT will serve as an additional source for fuel in case of emergencies.
B.P OL IC IE S (resolutions, ordinances, regulations, statutes, etc):
The City participates in joint purchasing agreements with the State of Minnesota.
The State of Minnesota solicits bids for all participants in the purchase agreement.
Council approval is required for expenditures over $175,000.
C.C R IT IC AL T IMIN G IS S U E S:
The City of Richfield does not own/operate a fueling station and the original agreement with
MnD OT has expired.
Multiple sources of fuels are an advantage, especially in emergencies.
D.F IN AN C IAL IMPAC T:
Fuel costs will include the price of fuel, taxes, and handling fees.
Funding for fuel is included in the annual operating budget for the Central Garage.
E.L E GAL C ON S ID E R AT ION:
The City Attorney has reviewed this agreement.
ALTE R N AT IV E R E C O MME N D ATIO N(S):
None
P R IN C IPAL PAR TIE S E X P E C TE D AT ME E TIN G:
None
AT TAC H ME N T S:
D escription Type
Resolution Resolution L etter
MnD O T F uel A greement A mendment no.04963A 01 C ontract/A greement
Original MnD OT F uel A greement 04963 C ontract/A greement
RESOLUTION NO.
RESOLUTION AUTHORIZING THE CITY OF RICHFIELD TO ENTER INTO MnDOT
PARTNERSHIP AGREEMENT AMENDMENT NO 04963A01 WITH THE MINNESOTA
DEPARTMENT OF TRANSPORTATION FOR PURCHASE OF FUEL UNTIL JUNE 30,
2019
WHEREAS, the City of Richfield does not own/operate a fueling station; and
WHEREAS, the Minnesota Department of Transportation, Cedar Avenue Truck
Station is conveniently located next to the City of Richfield Maintenance Facility and has
an adequate fueling station for both agencies; and
WHEREAS, the original Partnership Agreement no 04963 authorized by City
Council May 13, 2014 between the City of Richfield and the Minnesota Department of
Transportation for purchase of fuel has expired.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of
Richfield hereby authorizes the Mayor and the City Manager to enter into Partnership
Agreement Amendment no 04963A01 between the City of Richfield and the Minnesota
Department of Transportation for purchase of fuel until June 30, 2019.
Adopted by the City Council of the City of Richfield, Minnesota this 9th day of
October, 2018.
Pat Elliott, Mayor
ATTEST:
Elizabeth VanHoose, City Clerk
AGENDA SECTION:CONSENT CALENDAR
AGENDA ITEM #3.C.
STAFF RE P ORT NO. 174
CIT Y COUNCIL ME E T ING
10/9/2018
RE P O RT P RE PA RE D B Y: Jim Topitzhofer, Recreation S ervices D irector
D E PA RTME NT D IRE C TO R RE V IE W: Jim Topitzhofer, Recreation S ervices D irector
10/2/2018
O THE R D E PA RTM E NT RE V IE W: N/A
C ITY MA NA G E R RE V IE W: S teven L . D evich, C ity Manager
10/3/2018
I T E M F O R C O UNC IL C O NS ID E RAT I O N:
Consideration of the approval of a license agreement with E-Clan, Inc. d/b/a B&J Trees, to sell trees
under the picnic pavilion at Veterans Park.
E X E C UT IV E S UM M ARY:
E-Clan, I nc., doing business as B&J Trees, has been selling trees during the holiday season underneath the
picnic pavilion in Veterans Parks for many years. The operation supplies a steady revenue source for the
facility every year. Preparation for tree sales takes place just before Thanksgiving Day and sales start no
earlier than the day after. Sales terminate no later than December 24th or when all marketable trees have
been sold, whichever occurs first.
The term of the agreement is four years, beginning November 10, 2018 and continuing through December
31, 2021. The term of the license begins November 10 of each year through December 31 of each year of
the Agreement. On or after December 31 of any year during the term of the Agreement, the City may
terminate this License Agreement without cause by giving E-Clan written notice of the termination. E-Clan
shall pay to the City a license fee in the amount of $7,000.00 for the 2018 season. T he following
year ’s license fees are as follows:
2019 - $7,245
2020 - $7,480
2021 - $7,741
E-Clan is responsible for garbage removal during term of the license and returning the property to the same
condition as it existed before including the removal of all trees, needles, sales materials, the house trailer, light
strings, and any other debris from the property.
E-Clan will be utilizing City owned property that is used primarily for the purpose and promotion of outdoor
recreation. E-Clan understands and agrees that these spaces collectively are available for traditional
recreational and park uses and must remain fully open to the public. Any advertising signs placed by E-Clan
must indicate that activities are sponsored by the City of Richfield. E-Clan also understands and agrees that,
except as allowed under this Agreement, no other commercial uses are permissible. The City reserves the
right to conduct or sponsor additional recreational activities, as well as store recreational equipment, in the
areas covered by this Agreement.
RE C O M M E ND E D AC T I O N:
By motion: Approve a license agreement with E-Clan, Inc. d/b/a B&J Trees, to sell trees under the
picnic pavilion at Veterans Park.
B AS IS O F RE C O M M E ND AT I O N:
A.H IS TOR IC AL C ON T E X T
E-Clan has been selling trees under the picnic pavilion in Veterans Park for more than 20 years.
This well established service provides Richfield residents a steady supply of trees for the holiday
and fun winter activities for families such as visits from Santa, sleigh rides and more.
B.P OL IC IE S (resolutions, ordinances, regulations, statutes, etc):
Contracts and agreements of this type are typically reviewed and considered by City Council.
C.C R IT IC AL T IMIN G IS S U E S:
There are no critical timing issues for this item other than the start of the season is approaching
on November 10, 2018.
D.F IN AN C IAL IMPAC T:
Under the License Agreement, the City will receive a license fee payment in the amount of
$7,000.00 for the 2018 season. The license fee for 2018 increased considerably over last year's
fee of $5,000. The license fee increases approximately 3.5% each year as follows:
2019 - $7,245
2020 - $7,480
2021 - $7,741
License fees collected from E-Clan will be credited to the Special Facilities Operating Budget,
account #20037-4612.
E.L E GAL C ON S ID E R AT ION:
The City Attorney prepared the amendment and original agreement.
The license agreement was reviewed and approved by J oe Hiller, Minnesota D NR Grants
Manager, for compliance with covenants associated with State Outdoor Recreation Grants
Agreement used for funding improvements in Veterans Park.
ALTE R N AT IV E R E C O MME N D ATIO N(S):
Staff believes that a partnership with E-Clan will continue to provide a steady revenue source and a
popular holiday activity for Richfield families; however, the Council may chose not to approve the
Agreement and continue to operate the facility without tree sales.
P R IN C IPAL PAR TIE S E X P E C TE D AT ME E TIN G:
Kris Weiby, Facilities Manager
AT TAC H ME N T S:
D escription Type
L icense A greement C ontract/A greement
Tree L ot Map B ackup Material
1
License Agreement for Tree Sales at the Veterans Park
This agreement is made this 9th day of October, 2018, by and between the City of Richfield (the
City), a municipal corporation, and E-Clan Inc., D/B/A B&J Trees (“E-Clan”), a Minnesota
corporation.
Recitals
A. City is the owner of certain real estate located at 64th and Portland Avenue in the city of
Richfield, which is commonly known as the Farmer’s Market (the Property). (See
attached map A to define the License space.)
B. E-Clan Inc desires to use the Property for the storing, displaying and selling of Christmas
trees, and the City desires to permit such use, subject to the terms and conditions of this
Agreement.
Terms and Conditions
1. Grant of License. The City grants E-Clan Inc. an exclusive license to enter upon
and to use the Property for the purpose of storing, displaying and selling of
Christmas trees to the public.
2. Term of License. This Agreement begins November 10, 2018 and continues
through December 31, 2021.The term of the license granted by this Agreement
begins November 10 of each year through December 31 of each year of the
Agreement. On or after December 31 of any year during the term of the
Agreement, the City may terminate this License Agreement without cause by
giving E-Clan written notice of the termination.
3. Sales. Preparations for sales may take place before Thanksgiving and sales shall
start no earlier than the day after Thanksgiving. Sales must terminate when all
marketable trees have been sold or no later than December 24th, whichever occurs
first.
4. License Payment. E-Clan shall pay to the City a license fee in the amount of
$7,000.00 for the 2018 season. An initial payment of $500 is due no later than
November 10 of each year of this Agreement and the remaining balance is due no
later than December 1 of that year. The following year’s license fees are as
follows:
2019 $7,245
2020 $7,480
2021 $7,741
5. Hours of Operation. E-Clan may conduct tree sales on the Property only during
the hours of 9 AM – 9 PM daily, during the term of the License.
6. Utilities. E-Clan will have access to electrical outlets on the Property for its
operations. The City will have control and supervision over electrical facilities.
7. Garbage Removal. E-Clan is responsible for garbage removal during the term of
the License.
8. Snow Removal. The City will plow the parking lot and entry to the Property as
needed.
2
9. Advertising. The City will advertise E-Clan tree sales in the Farmer’s Market
bulletin and by distributing flyers. The extent of advertising assistance provided
by the City is entirely within the discretion of the City. E-Clan will reimburse the
City for any out- of- pocket costs incurred in advertising tree sales that had prior
approval by E-Clan.
10. Property Clean UP. E-Clan will return the Property to the City in substantially
the same condition as it existed before this Agreement. After each sales period
has ended, E-Clan must remove all trees, needles, sales materials, the house
trailer, light strings, and any other debris from the property.
11. Insurance. At all times during the term of this License, E-Clan will keep in force
a public liability insurance policy in the amount of at least two million dollars.
The City must be named as an additional name insured on the policy. E-Clan
must provide the City with a certificate of insurance evidencing that the required
insurance is in force and effect before any activities allowed by this Agreement
may commence.
12. Premises Use. E-Clan may only utilize vehicles on the Property for loading and
unloading merchandise. E-Clan employees must use the adjacent lot to park their
vehicles during hours of operation. E-Clan must maintain an area approximately
20 feet x 30 feet, as defined in the attached map A, to be used and available to the
public as a seating area. The Facility, Building, and Operating Space are city
facilities used primarily for the purpose and promotion of outdoor recreation.
Manager understands and agrees that these spaces collectively are available for
traditional recreational and park uses and must remain fully open to the public.
Any advertising signs placed by Manager must indicate that activities are
sponsored by the City of Richfield. Manager also understands and agrees that,
except as allowed under this Agreement, no other commercial uses are
permissible. The City reserves the right to conduct or sponsor additional
recreational activities, as well as store recreational equipment, in the areas
covered by this Agreement.
13. Publicity. The facility will be identified as publicly owned and operated in all
signs, literature, and advertising to eliminate the perception that the facility is
privately owned.
14. Indemnification. E-Clan agrees that it will defend, indemnify, and hold harmless
the City, its officers, employees, and agents, against any and all liabilities, claims,
damages, costs and expenses (including reasonable attorneys’ fees) resulting
directly or indirectly from an act or omission of E-Clan’s employees, or others
under its control, relating to the activities and obligations under this Agreement.
E-Clan Inc, D/B/A B&J Trees City of Richfield
By: _______________________________ by: _____________________________
Owner Date City Mayor Date
By: _____________________________
City Manager Date
E/Clan Lease AgreementThe City of Richfield makes no representation or warranties, expressor implied, with respect to the reuse of the data provided herewith,regardless of its format or the means of its transmission. There is noguarantee or representation to the user as to the accuracy, currency,suitability, or reliability of this data for any purpose. The user acceptsthe data “as is”, and assumes all risks associated with its use.
Resident SpaceTree SpaceU I:\GIS\Recreation\Staff\Weiby\ChristmasTreeSpace.mxd1 inch = 25 Feet
0 12.5 25 37.5 50 Feet
B l o o m i n g t o nEdinaMinne a p o l i s
M S PGVWX35GVWX31
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GVWX53 GVWX53 GVWX53
GVWX32 GVWX52
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Date: 8/23/2017
AGENDA SECTION:CONSENT CALENDAR
AGENDA ITEM #3.D.
STAFF RE P ORT NO. 175
CIT Y COUNCIL ME E T ING
10/9/2018
RE P O RT P RE PA RE D B Y: Matt B rillhart, A ssociate P lanner
D E PA RTME NT D IRE C TO R RE V IE W: John S tark, C ommunity D evelopment D irector
10/3/2018
O THE R D E PA RTM E NT RE V IE W: N/A
C ITY MA NA G E R RE V IE W: S teven L . D evich, C ity Manager
10/3/2018
I T E M F O R C O UNC IL C O NS ID E RAT I O N:
Consideration of the approval of first reading of an ordinance rezoning property at 7301 Penn Avenue
S from Single Family Residential (R) to Neighborhood Business (C-1).
E X E C UT IV E S UM M ARY:
The property at 7301 Penn Avenue S, currently home to the Drapery Place business, is designated as Low
Density Residential in the Comprehensive Plan, and zoned Single Family Residential (R). T he property
owner is applying to change that designation to Neighborhood Commercial, and to rezone the
property to Neighborhood Business (C-1).
As part of a citywide zoning evaluation prepared for the Comprehensive Plan update, this property was
among several commercial properties identified for reclassification to commercial designations. The draft
2040 Comprehensive Plan proposes redesignating this property from Low Density Residential to
Neighborhood Commercial. Following approval of the Comprehensive Plan this November, staff would
then begin work on a citywide zoning update to bring zoning designations into conformance with the
Comprehensive Plan.
T he property is currently on the market for sale or lease, and the current residential zoning
designation has been a hindrance to attracting a potential buyer or lessee. While the property owner
could wait for the property to be rezoned as part of this citywide update, that process is not
anticipated to be complete for 6-12 months. T he property owner has submitted applications to
redesignate and rezone 7301 Penn Avenue S now. Given that the property is already planned to be
redesignated and rezoned to Neighborhood Commercial, staff recommends approval of changing
those designations at this time.
T his first reading of rezoning is an administrative requirement and does not obligate the Council to
approve the ordinance upon second reading. T he second reading will be considered by the Council
on October 23, 2018.
RE C O M M E ND E D AC T I O N:
By motion: Approve first reading of an ordinance rezoning property at 7301 Penn Avenue S from
Single Family Residential (R) to Neighborhood Business (C-1)
B AS IS O F RE C O M M E ND AT I O N:
A.H IS TOR IC AL C ON T E X T
The 1997-2007 Comprehensive Plan designated the property as Single Family Residential-High
Density.
Zoning of the property remained C-1 at that time.
The 2008 (current) Comp Plan designation is Low Density Residential.
I n 2010, the property was rezoned from C-1 to R, in order to conform with Comprehensive Plan,
per Minnesota Statutes.
B.P OL IC IE S (resolutions, ordinances, regulations, statutes, etc):
See Executive Summary.
C.C R IT IC AL T IMIN G IS S U E S:
60-D AY RUL E: A complete application was received and the "60-day clock" started on August 27,
2018. The Council must make a decision, or extend the deadline by an additional 60 days, by
October 26, 2018.
A second reading of the proposed ordinance is scheduled for October 23, 2018.
D.F IN AN C IAL IMPAC T:
None
E.L E GAL C ON S ID E R AT ION:
A public hearing was held before the Planning Commission on September 24, 2018. Notice of the
public hearing was mailed to properties within 500 feet of the subject property and published in the
Sun Current Newspaper. No members of the public spoke at the hearing.
The Planning Commission recommended approval of the proposed Comp Plan amendment,
rezoning, and resolution (7-0).
ALTE R N AT IV E R E C O MME N D ATIO N(S):
None
P R IN C IPAL PAR TIE S E X P E C TE D AT ME E TIN G:
Keith Glanzer, property owner
AT TAC H ME N T S:
D escription Type
Ordinance Ordinance
Zoning Maps & A erial P hoto B ackup Material
ORDINANCE NO. ______
AN ORDINANCE RELATING TO ZONING;
AMENDING APPENDIX I TO THE RICHFIELD CITY CODE
BY REZONING PROPERTY AT 7301 PENN AVENUE S
AS NEIGHBORHOOD BUSINESS (C-1)
THE CITY OF RICHFIELD DOES ORDAIN:
Section 1. Section 2, of Appendix I of the Richfield Zoning Code is amended by
adding new Paragraph (18) as follows:
(18) M-11 (SE corner, 73rd and Penn). WEST 1/2 OF THAT PART
OF THE NORTH 10 RODS OF SOUTH 40 RODS OF WEST 1/4 OF
SOUTHWEST 1/4 OF NORTHWEST 1/4 LYING BETWEEN THE
WEST LINE OF OLIVER AVE S AND THE EAST LINE OF PENN
AVE S EX STREET
Sec. 2. This ordinance is effective in accordance with Section 3.09 of the
Richfield City Charter.
Passed by the City Council of the City of Richfield, Minnesota this 23rd day of October,
2018.
Pat Elliott, Mayor
ATTEST:
Elizabeth VanHoose, City Clerk
7301
PENN72ND
73RD
OLIVER74THQUEENRUSSELL NEWTONMORGAN7301 Pen n Ave S - Comp Plan Amendment
±0 400 800 1,200 1,600200 Feet
Comp Plan Designation
500' mailed notice boundary
Regional Commercial
Regional Commercial/Office
Comm Commercial
Comm Commercial/Office
Neighborhood Commercial
Office
High Density Res
High Density Res/Office
Medium-High Density Res
Medium Density Res
Low Density Res
Mixed Use
Park
Public
Quasi-Public
School/QP
Church / QP
ROW
7301
PENN72ND
73RD
OLIVER74THQUEENRUSSELL NEWTONMORGANCurrent Proposed
7301
PENN72ND
73RD
OLIVER74THQUEENRUSSELL NEWTONMORGAN7301 Penn Ave S - Rezone from R to C-1
±0 400 800 1,200 1,600200 Feet
Zoning Designation
500' mailed notice boundary
Park (Zoning District is R)
R Single-Family
R-1 Low-Density Single-Family
MR-1 Two-Family
PMR Planned Multi-Family
MR-2 Multi-Family
MR-2/CAC Multi-Fam + Cedar Overlay
MR-3 High-Density Multi-Family
SO Service Office
C-1 Community Commercial
C-2 General Commercial
PC-2 Planned General Commercial
I Industrial
MU-N Mixed Use-Neighborhood
MU-C Mixed Use-Community
MU-C/CAC Mixed Use + Cedar Overlay
MU-C/PAC Mixed Use + Penn Overlay
MU-R Mixed Use-Regional
PMU Planned Mixed Use
7301
PENN72ND
73RD
OLIVER74THQUEENRUSSELL NEWTONMORGANCurrent Proposed
7301 PENN AVE S & SURROUNDING PROPERTIES – AERIAL PHOTO (2015)
7301 PENN AVE S – Google Street View (2016)
AGENDA SECTION:CONSENT CALENDAR
AGENDA ITEM #3.E.
STAFF RE P ORT NO. 176
CIT Y COUNCIL ME E T ING
10/9/2018
RE P O RT P RE PA RE D B Y: Matt B rillhart, A ssociate P lanner
D E PA RTME NT D IRE C TO R RE V IE W: John S tark, C ommunity D evelopment D irector
10/3/2018
O THE R D E PA RTM E NT RE V IE W: N/A
C ITY MA NA G E R RE V IE W: S teven L . D evich, C ity Manager
10/3/2018
I T E M F O R C O UNC IL C O NS ID E RAT I O N:
Consideration of the approval of first reading of an ordinance amending the Zoning Code to make
tattoo businesses 'permitted' rather than 'conditionally permitted' in the C-2 General Business Zoning
District.
E X E C UT IV E S UM M ARY:
I n August 2018, representatives from MN Luxury Laser Education contacted City staff about relocating their
facilities to Richfield Shoppes, located at 6501 Nicollet Avenue. MN Luxury Laser Education, currently based
in Bloomington, is a private career school providing instruction in laser hair removal, skin tightening, tattoo
removal, and cosmetic tattoo services, also known as microblading or permanent makeup. The definition of
tattooing in the City's Public Health Code includes all forms of cosmetic tattooing. I n addition to Public Health
regulations under City Code Section 630, tattoo businesses are also regulated through the Zoning Code.
Tattoo businesses are currently permitted only in the Mixed Use Zoning Districts (Community and Regional),
which are generally located along 77th Street, the Cedar Avenue Corridor, and Penn Central. I n the General
Business (C-2) District, tattoo businesses are conditionally permitted, when these five buffer distance
conditions are met:
Such uses shall be located not less than 100 feet from any residentially zoned property;
Such uses shall be located not less than 350 feet from any school, church, park, day care center, or
public library;
Such uses shall be located not less than 350 feet from any establishment selling and/or serving
alcoholic beverages;
Such uses shall be located not less than 100 feet from the right-of-way of an entry street to the City.
For purposes of this subdivision, an entry street is defined as Penn Avenue, Lyndale Avenue,
Nicollet Avenue, Portland Avenue, Cedar Avenue and 12th Avenue; and
Such uses shall be located not less than 1,000 feet from other tattoo establishments.
T hese regulations would prohibit MN Luxury Laser, or any other tattooing business, from locating in
many commercial properties within the C-2 Zoning District. In the specific case of Richfield
Shoppes, the space the applicant intends to lease is adjacent to El Tejaban restaurant, which holds
a full liquor license. Additionally, the "entry street" 100-foot setback would apply, as the Richfield
Shoppes building is within 100 feet of Nicollet Avenue. In order for MN Luxury Laser to locate within
Richfield Shoppes, they would need to apply for a conditional use permit, as well as variances from
four of the five buffer criteria. Rather than directing MN Luxury Laser request a conditional use
permit and multiple variances, staff recommended that the applicant request an ordinance
amendment to reevaluate these regulations.
Staff is recommending an ordinance amendment that would make tattoo businesses permitted,
rather than conditional, in the C-2 Zoning District. While the City could take a narrower approach to
the matter, such as making minor adjustments to the buffer conditions or specifically allowing only
cosmetic tattoo businesses, staff's research into Richfield's Zoning Code and the codes of peer
cities indicated that a broader change to zoning regulations for tattoo business may be more
appropriate. Making tattoo businesses permitted would bring the C-2 Zoning District into
conformance with the Mixed Use Districts (Commercial and Regional), where tattoo businesses are
permitted without any buffer distance requirements. Under the proposed amendment, tattoo
businesses would remain prohibited in the Neighborhood Commercial (C-1) and Mixed Use
Neighborhood (MU-N) Zoning Districts. A map is attached to this report, showing the Mixed Use
Districts where tattoo businesses are permitted currently, as well as the C-2/PC-2 Districts that are
proposed to be amended to make tattoo businesses permitted, rather than conditionally permitted.
In researching peer cities, staff found that Bloomington, St. Louis Park, and Hopkins all permit tattoo
businesses in their commercial districts. St. Louis Park and Hopkins consider them as "service" and
"art" businesses, respectively. In Bloomington, tattoo businesses formerly required a conditional use
permit, but they were made permitted in recent years. Bloomington staff cited that the City's strict
controls on the licensing of body art establishments had made it onerous to regulate such
businesses through the zoning code. For the past several years, there has been just one tattoo
business operating in Richfield, located in Penn Central. Based on this recent history and the low
number of annual requests staff receives relating to tattoo businesses, staff finds that the market is
capable of determining the appropriate locations and quantity of tattoo businesses in the City. T he
regulation and licensure of tattoo establishments remains tightly regulated by Richfield Public Health
Code Section 630, which is attached to this report for reference. No changes are proposed to
Section 630.
T his first reading is an administrative requirement and does not obligate the Council to approve the
ordinance upon second reading. T he second reading will be considered by the Council on October
23, 2018.
RE C O M M E ND E D AC T I O N:
By motion: Approve first reading of an ordinance amendment, making tattoo businesses 'permitted'
rather than 'conditionally permitted' in the C-2 General Business District.
B AS IS O F RE C O M M E ND AT I O N:
A.H IS TOR IC AL C ON T E X T
This is the second such request that the City has received in recent years. A previous request in
2016 sought to locate a scalp micropigmentation (cosmetic tattooing) business at W oodlake
Centre, although the application was ultimately withdrawn.
Societal perceptions of tattoos have changed over the years. W hile once considered to be
undesirable uses, tattoo and body art businesses, including cosmetic procedures such as
mircoblading and micropigmentation, have become accepted and commonplace local businesses
in many communities.
B.P OL IC IE S (resolutions, ordinances, regulations, statutes, etc):
The ordinance amendment is quite simple in terms of text changes to the code:
I n Section 534.07 (Conditional uses in the C-2 General Business District), Subdivision 18 relating
to tattoo businesses is repealed.
I n Section 512.07, which is a table of the permitted, conditional, accessory, and prohibited uses in
the Commercial Districts (S O, C-1, and C-2), tattoo businesses are now 'permitted', rather than
'conditional'.
I f these changes are adopted, tattoo businesses will become permitted uses in the C-2 and P C-2 Zoning
Districts. Tattoo businesses would remain prohibited in the Neighborhood Commercial (C-1) and Mixed
Use Neighborhood (MU-N) Zoning Districts.
T he regulation and licensure of tattoo establishments remains tightly regulated under City Code
Chapter VI (Public Health), Section 630: Tattoo, body piercing, body branding and body
painting establishments. No changes are proposed to City Code Section 630. Body art
establishments are also regulated by Minnesota State Statutes.
C.C R IT IC AL T IMIN G IS S U E S:
None
D.F IN AN C IAL IMPAC T:
None
E.L E GAL C ON S ID E R AT ION:
A public hearing was held before the Planning Commission on September 24, 2018. Notice of the
public hearing was mailed to properties within 500 feet of the subject property and published in the
Sun Current Newspaper. No members of the public spoke at the hearing.
The Planning Commission recommended approval of the zoning ordinance amendment (6-1).
I f this reading is approved, a second reading of the proposed ordinance amendment will be held
on October 23, 2018.
ALTE R N AT IV E R E C O MME N D ATIO N(S):
Approve the ordinance amendment with modifications.
P R IN C IPAL PAR TIE S E X P E C TE D AT ME E TIN G:
Carly W illiams, MN Luxury Laser
AT TAC H ME N T S:
D escription Type
Ordinance Ordinance
L uxury L aser - E xecutive S ummary B ackup Material
C ity C ode S ection 630 - Tattoo, B ody P iercing
establishments B ackup Material
Zoning map - Tattoo B usinesses in C 2, MU districts B ackup Material
BILL NO. _____
AN ORDINANCE AMENDING THE RICHFIELD CITY CODE
TO ALLOW TATTOO ESTABLISHMENTS
IN THE GENERAL BUSINESS (C-2) ZONING DISTRICT
THE CITY OF RICHFIELD DOES ORDAIN:
Section 1 Section 534 of the Richfield City Code is amended by repealing Subsection
534.07, Subdivision 18 as follows:
Subd. 18. Tattoo establishments, provided the following conditions are met:
a) Such uses shall be licensed under Section 630 of the City Code;
b) Such uses shall be located not less than 100 feet from any residentially
zoned property;
c) Such uses shall be located not less than 350 feet from any school, church,
park, day care center, or public library;
d) Such uses shall be located not less than 350 feet from any establishment
selling and/or serving alcoholic beverages;
e) Such uses shall be located not less than 100 feet from the right-of-way of an
entry street to the City. For purposes of this subdivision, an entry street is
defined as Penn Avenue, Lyndale Avenue, Nicollet Avenue, Portland
Avenue, Cedar Avenue and 12th Avenue; and
f) Such uses shall be located not less than 1,000 feet from other tattoo
establishments.
Section 2 Subsection 512.07 of the Richfield City Code relating to Permitted, Conditional,
Accessory and Prohibited Uses in Commercial Districts is amended to read as
follows:
512.07. - Permitted, Conditional, Accessory and Prohibited Uses in
Commercial Districts.
The following table summarizes which land uses are classified as permitted,
accessory, conditional or prohibited in the Commercial Districts. Refer to
Sections 529 through 534 for complete regulations. (Amended, Bill No. 2011-19)
P: Permitted
A: Accessory
C: Conditional
N: Null or not Permitted
Land Use S-O C-1 C-2
Adult businesses N N P
Animal kennels N N P/C
Apartments within a commercial building A A/C C
Assembly, light manufacturing, warehouse N N A
Auction houses N N P
Land Use S-O C-1 C-2
Auto mechanical/body repair N N C
Auto detailing N N C
Auto or boat sales N N C
Auto stereo installation service N N P
Auto washes N N C
Barber or beauty shops P/C P/C P/C
Bicycle stores N P/C P/C
Bicycle repair shops P/C P/C P/C
Bowling alleys N N P
Carpet or paint stores N P/C P/C
Cemeteries N N C
Convenience store N P P
Day care facilities C P P
Drug stores without drive-up facility N P/C P/C
Drug stores with drive-up window N N C
Emergency shelter N N C
Enclosed storage A A A
Fences, walls and hedges A A A
Financial institutions without drive-up service N N P
Financial institutions with drive-up service N N C
Firearms related uses N N C
Fortune telling N N P
Funeral homes, mortuaries N N C
Furniture or appliance stores N P/C P/C
Governmental buildings P P P
Grocery stores N P/C P/C
Health club or studio, spa N P P
Hospital or 24-hour urgent care P/C P/C P/C
Hotel or motel (6 or more units) N N C
Junk yard N N N
Libraries, public P P P
Liquor store, municipal N N P
Marijuana (medical) dispensaries N N C
Marijuana (recreational) sales outlets N N N
Micro-production facility (micro-brewery/micro-distillery) N N C
Nursing home P P N
Land Use S-O C-1 C-2
Office, single-tenant, professional, executive or business P/C P/C P/C
Office, multi-tenant, professional, executive, or business P/C P/C P/C
Outdoor merchandising or storage (except as allowed by Section 1135 of the City Code) N N N
Parking A A A
Pawn shops and second hand goods dealers licensed under Section 1186 or 1187 of the City
Code N N C
Public utility, minor A A A
Public utility, major C C C
Religious institutions N N P
Restaurant, take-out only (Class IV) N C P
Restaurant, fast food/convenience food (Class III) or any restaurant with drive-up service N N C
Restaurant, traditional or cafeteria (Class II) N C C
Restaurant, full service (Class I) N N C
Retail, general (single or multi-tenant) N P/C P/C
Schools, public or private N N P
Service station N N C
Service station/convenience store N N C
Service or non-auto repair shop P/C P/C P/C
Taproom/cocktail room N N A/C
Tattoo shops N N PC
Taxi or limousine service N N P
Theater, movie or live entertainment N N C
Veterinary clinic N N P
(Amended, Bill No. 2011-13; 2011-19; 2014-4; 2015-5; 2015-15)
Section 3 This Ordinance is effective in accordance with Section 3.09 of the Richfield City
Charter.
Passed by the City Council of the City of Richfield, Minnesota this 23rd day of October,
2018.
Pat Elliott, Mayor
ATTEST:
Elizabeth VanHoose, City Clerk
Our Mission
Luxury Laser Medspa offers superior aesthetic services, including microblading. We also hold
the only licensed Laser Certification course in the state. Our team provides top-notch services to
our guests and ensures that every experience with us is outstanding. We have a team of
results-driven laser technicians and estheticians who are experienced instructors as well.
The Company and Management
Luxury Laser is currently located in Bloomington, MN, but will potentially be relocating to
Richfield. The company is owned by Carly Williams, who has over seven years of experience in
the medical aesthetic industry. She is a Board Certified Esthetics Instructor, Medical Laser
Safety Officer, as well as apart of the Associated Skincare Professionals. We are medical
directed by Dr. Yasmin Orandi.
Our Services
Luxury Laser’s aesthetic services include laser hair removal, cellulite removal,
photo-rejuvenation, lesions removal, micro-needling, facial skin tightening, body skin tightening,
scar removal, stretch mark removal, freckle removal, vein removal, tattoo removal, medical
grade chemical peels, and microdermabrasion.
Luxury Laser Edu is held within the same facility and is MN’s only licensed laser certification
program, and only 1 of 6 in the country. Students attend 40 hours of class time and then complete
their internship, which consists of bringing in clients. This program will bring many clients into
Richfield every week. We remain quite busy and keep our calendar booked weeks out in
advance.
Another important aspect of Luxury Laser Edu is our microblading program. This
semi-permanent makeup application course will bring in clients weekly as well.
Body Art in Richfield
We are requesting that body art be permitted in Richfield. Microblading is a very in-demand
body art service that brings us a large percentage of our revenue. Microblading is tattooing
eyebrows, which is a very sought after service by men and women of all ages. This is a high-end
service that can only be administered by experienced professionals.
We are seeking to relocate to Richfield because it is a central location. We have students and
clients that come to us from all over the state, as well as Wisconsin and Iowa.
We hope that the city will consider this awesome opportunity to bring body art to Richfield.
Thank you.
Richfield, MN Code of Ordinances
1/14
(a)
(b)
(c)
(d)
(a)
(b)
(c)
(d)
(e)
SECTION 630. - TATTOO, BODY PIERCING, BODY BRANDING AND BODY PAINTING ESTABLISHMENTS
(Added, Bill No. 1997-21)
630.01. - Regulation of body art establishments .
Subdivision 1. Purpose statement. The purpose of this section is to regulate the business of body art in order to protect the health and
welfare of the general public. The principal objectives of this Section are:
To prevent disease transmission;
To correct and prevent conditions that may adversely a ect persons utilizing body art establishments;
To provide standards for the design, construction, operation, and maintenance of body art establishments; and
To meet consumer expectations of the safety of body art establishments.
Subd. 2. Scope. This Section shall apply to all persons performing body art procedures and all body art establishments where tattooing and
body piercing are conducted.
Subd. 3. Exemptions. Board-certi ed medical or dental personnel that tattoo, pierce or remove tattoos as part of a medical or dental
procedure are exempt from this Section. Persons piercing only the outer perimeter or lobe of the ear using pre-sterilized single use stud and
clasp ear-piercing system are exempt from this Section's license requirement.
Subd. 4. Prohibitions. No person shall:
Conduct branding, cutting, subdermal implantation, microdermal, suspension, tongue bifurcation, or scari cation of
another person;
Tattoo a minor;
Pierce or tattoo the genitalia or nipples of a minor;
Practice tattooing or piercing while under the in uence of alcohol, controlled substances as de ned in Minnesota Statutes,
section 152.01, subd. 4, or hazardous substances as de ned in the rules adopted under Minnesota Statutes, Chapter 182;
or
Operate a body art establishment or perform body art procedures as described in this Section without a license.
(Amended, Bill No. 2013-15)
630.03. - De nitions .
For purposes of this subsection, the terms de ned in this subsection have the meanings given them.
Subdivision 1. "Aftercare" means written instructions given to the client, speci c to the procedure(s) rendered, on caring for the body art
and surrounding area. These instructions must include information on when to seek medical treatment.
Subd. 2. "Antiseptic" means an agent that destroys disease-causing microorganisms on human skin or mucosa.
Subd. 3. "Apprentice" means a person working under the direct supervision of a licensed technician(s), in a licensed body art establishment
to learn the skills of the trade.
Subd. 4. "Apprenticeship" means an agreement an apprentice has with a licensed technician(s) learning the skills of tattooing or piercing
while working under the direct supervision of a licensed technician(s) in a licensed establishment.
Subd. 5. "Body Art" means physical body adornment using, but not limited to, the following techniques: body piercing, tattooing, and
cosmetic tattooing. This de nition does not include practices that are considered part of a medical procedure performed by board certi ed
medical or dental personnel, such as, but not limited to, implants under the skin. Such medical procedures shall not be performed in a body art
establishment. This de nition does not include piercing of the outer perimeter or lobe of the ear using pre-sterilized single use stud and clasp
ear piercing system.
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Subd. 6. "Body Art Establishment" means any structure or venue, whether permanent, temporary, or mobile, where the practices of body
art, whether or not for pro t, are performed. Mobile establishments include vehicle-mounted units, either motorized or trailered, and readily
moveable without dissembling and where body art procedures are regularly performed in more than one (1) geographic location.
Subd. 7. "Body Piercing" means the penetration or puncturing of human skin by any method, for the purpose of inserting jewelry or other
objects, in or through the human body. Body Piercing shall not refer to any medical procedure performed by board certi ed medical or dental
personnel. Also, Body Piercing shall not refer to the puncturing of the outer perimeter or lobe of the ear using pre-sterilized single use stud
and clasp ear-piercing system.
Subd. 8. "Body Scari cation" or "Scarring" means any method of applying a scar to the body for the purpose of creating a permanent mark
or design on the skin.
Subd. 9. "Branding" means any method using thermal cautery, radio hyfrecation, striking or any other method using heat, cold, or any
chemical compound to apply a scar to the body for the purpose of creating a permanent mark or design on the skin.
Subd. 10. "Clean" means the absence of dirt, grease, rubbish, garbage, and other o ensive, unsightly, or extraneous matter.
Subd. 11. "Contaminated Waste" means any liquid or semi-liquid blood or other potentially infectious materials; contaminated items that
would release blood or other potentially infectious materials in a liquid or semi-liquid state if compressed; items that are caked with dried
blood or other potentially infectious materials and are capable of releasing these materials during handling; sharps and any wastes containing
blood and other potentially infectious materials, as de ned in Code 29 of Federal Regulations Part 1910, 1030, known "Occupational Exposure
to Bloodborne Pathogens."
Subd. 12. "Cosmetic Tattooing" - also called micropigmentation or permanent makeup. See de nition of tattooing.
Subd. 13. "Cutting" means the practice of cutting the skin, mucosa or part of the body to create a permanent scar or division of tissue for
the purpose of body art. Cutting shall not refer to any medical procedure performed by board certi ed medical or dental personnel.
Subd. 14. "Disinfection" means the destruction of disease-causing microorganisms on inanimate objects or surfaces, thereby rendering the
objects safe for use or handling.
Subd. 15. "Equipment" means all machinery, including xtures, containers, vessels, tools, devices, implements, furniture, storage areas,
sinks, and all other apparatus and appurtenances used in the operation of a body art establishment.
Subd. 16. "Establishment Plan" means a to-scale drawing of the establishment's layout illustrating the requirements of this ordinance.
Subd. 17. "Good Repair" means free of corrosion, breaks, cracks, chips, pitting, excessive wear and tear, leaks, obstructions, and similar
defects so as to constitute a good and sound condition.
Subd. 18. "Guest Artist" means a person who performs body art procedures under a current technician license or meets the
apprenticeship requirements of subsection 630.07, subd. 8.
Subd. 19. "Handsink" means a lavatory equipped with hot and cold water held under pressure, used solely for washing hands, wrists, arms
or other portions of the body.
Subd. 20. "Health Authority" means the designated agent of the City to perform health and safety inspections and other delegated duties.
Subd. 21. "Issuing Authority" means the Director of Public Safety or designee.
Subd. 22. "Hot Water" means water at least 110 degrees Fahrenheit.
Subd. 23. "Implanting" means to x or set securely an object in or under tissue and includes, but is not limited to, three-dimensional body
art applications. Implanting does not include medical procedures including, but not limited to, pacemaker insertion, cosmetic surgery, and
reconstructive surgery performed by board certi ed medical and dental personnel.
Subd. 24. "Jewelry" means any personal ornament inserted into a newly pierced area.
Subd. 25. "Liquid Chemical Germicide" means a tuberculocidal disinfectant or sanitizer registered with the Environmental Protection
Agency.
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Subd. 26. "Microdermal" means a single-point perforation of any body part other than an earlobe for the purpose of inserting an anchor
with a step either protruding from or ush with the skin.
Subd. 27. "Operator" means any person who controls, operates, or manages body art activities at a body art establishment and who is
responsible for compliance with these regulations, whether actually performing body art activities or not.
Subd. 28. "Person" means any individual, partnership, corporation, or association.
Subd. 29. "Procedure Area" means the physical space or room used solely for conducting body art procedures.
Subd. 30. "Procedure Surface" means the surface area of furniture or accessories that may come into contact with the client's clothed or
unclothed body during a body art procedure and the area of the client's skin where the body art procedure is to be performed and the
surrounding area, or any other associated work area requiring sanitizing.
Subd. 31. "Remodel" means any change to the current establishment requiring either a building or trades permit for the work to proceed.
Remodel does not include changes to the front desk area, waiting area, painting, wallpapering, or carpeting, even if a permit is otherwise
required. Adding a new workstation, plumbing changes, or expanding into an adjacent space to add workstations are examples of remodeling.
Remodeling also means any changes to an establishment plan previously submitted to the Health Authority.
Subd. 32. "Sanitization" means a process of reducing the numbers of microorganisms on clean surfaces and equipment to a safe level.
Subd. 33. "Safe Level" means not more than 50 colonies of microorganisms per four (4) square inches of equipment or procedure surface.
Subd. 34. "Scari cation" means an indelible mark xed on the body by the production of scars.
Subd. 35. "Sharps" means any object, sterile or contaminated, that may purposefully or accidentally, cut or penetrate the skin mucosa
including, but not limited to, pre-sterilized single use needles, scalpel blades, and razor blades.
Subd. 36. "Sharps Container" means a closed, puncture-resistant, leak-proof container labeled with the international biohazard symbol,
used for handling, storage, transportation and disposal of sharps.
Subd. 37. "Single Use" means products or items intended for one (1) time use and are disposed of after use on each client including, but
not limited to, cotton swabs or balls, tissues or paper products, paper or plastic cups, gauze and sanitary coverings, razors, piercing needles,
tattoo needles, scalpel blades, stencils, ink cups, and protective gloves.
Subd. 38. "Standard Precautions" means guidelines and controls published by the Center for Disease Control (CDC) as guidelines for
prevention of transmission of human immunode ciency virus and hepatitis B virus to health-care and public-safety workers" in Morbidity and
Mortality Weekly Report (MMWR), June 23, 1989, Vol. 38, No. S-6, and as "recommendation for preventing transmission of human
immunode ciency virus and hepatitis B virus to patients during exposure-prone invasive procedures," in MMWR, July 12, 1991, Vol. 40, No. RR-
Subd. T. This method of infection control requires the employer and the employee to assume that all human blood and speci ed human body
uids are infectious for HIV, HVB and other blood pathogens. Precautions include handwashing, gloving, personal protective equipment, injury
prevention, and proper handling and disposal of needles, other sharp instruments, and blood and body uid contaminated products.
Subd. 39. "Sterilization" means a process resulting in the destruction of all forms of microbial life, including highly resistant bacterial
spores.
Subd. 40. "Subdermal implantation" means the implantation of an object entirely below the dermis.
Subd. 41. "Suspension" means the piercing of human tissue with large gauge shing hooks or other piercing apparatus to raise or lower a
person with pulleys or other apparatus.
Subd. 42. "Tattooing" means any method of placing ink or other pigments into or under the skin or mucosa with needles or any other
instruments used to puncture the skin, resulting in permanent coloration of the skin or mucosa. This de nition includes all forms of cosmetic
tattooing.
Subd. 43. "Technician" means any person licensed by the Minnesota Department of Health and registered with the City under this Section
who conducts or practices body art procedures at a body art establishment.
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(b)
(c)
(d)
(e)
(f)
(a)
(b)
(c)
(a)
(b)
(c)
(a)
Subd. 44. "Temporary body art establishment" means any place or premise operating at a xed location where an operator or technician
performs body art procedures for no more than four (4) continuous days, in conjunction with a single event and not more than four (4) events
in a calendar year.
Subd. 45. "Tongue bifurcation" means the cutting of the tongue from the tip to the base, forking at the end. (Amended, Bill No. 2013-15)
630.05. - License required.
No person shall own or operate any body art establishment without a body art establishment license, nor shall any person engage in the
practice of body art without rst procuring technician registration from the Issuing Authority. Licenses must be prominently displayed in a
public area of the establishment. (Amended, Bill No. 2013-15)
630.07. - Contents of application for license.
Subdivision 1. Forms. Every application for a license under this subsection shall be made on a form supplied by the Issuing Authority.
Subd. 2. Contents of application. In addition to information which may be required, the applicant shall state whether the applicant is a
natural person, corporation, partnership, or other form of organization.
Subd. 3. Additional information: natural persons. If the applicant is a natural person, the following information shall be furnished:
The name, place and date of birth, street residence address, and phone number of the applicant.
Whether the applicant has ever used or has been known by a name other than the applicant's name, and if so, the name or
names used and information concerning dates and places where used.
The name of the business if it is to be conducted under a designation, name, or style other than the name of the applicant,
and a certi ed copy of the certi cate as required by Minnesota Statutes, section 333.01.
The street addresses at which the applicant has lived during the preceding ve (5) years.
The type, name and location of every business or occupation in which the applicant has been engaged during the
preceding ve (5) years, and the name(s) and address(es) of the applicant's employer(s) and partner(s), if any, for the
preceding ve (5) years.
Whether the applicant has ever been convicted of a felony, crime, or violation of any ordinance other than a petty
misdemeanor. If so, the applicant shall furnish information as to the time, place and o ense for which convictions were
had.
Subd. 4. Additional information: partnership. If the applicant is a partnership, the following information shall be furnished:
The name(s) and address(es) of all general and limited partners and, for each general partner, require the information
under subdivisions 3 and 6 of this subsection.
The name(s) of the managing partner(s) and the interest of each partner in the business to be licensed.
A true copy of the partnership agreement shall be submitted with the application. If the partnership is required to le a
certi cate as to a trade name pursuant to Minnesota Statutes, section 333.01, a certi ed copy of such certi cate shall be
attached to the application.
Subd. 5. Additional information: corporation. If the applicant is a corporation or other organization, the following information shall be
furnished:
The name of the corporation or business formed, and if incorporated, the state of incorporation.
A true copy of the certi cate of incorporation. If the applicant is a foreign corporation, a certi cate of authority as required
by Minnesota Statutes, section 303.06, shall be attached to the application.
The name of the manager(s) proprietor(s), or other agent(s) in charge of the business and, for each such person, the
information required under subdivisions 3 and 6 of this subsection.
Subd. 6. All applicants. All applicants must furnish the following information:
Whether the applicant holds a current tattooing, body piercing, body branding or body painting license from any other
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(b)
(c)
(d)
(e)
(f)
(g)
(h)
(i)
(j)
(k)
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
(i)
(j)
(k)
(l)
(m)
(a)
governmental unit.
Whether the applicant has previously been denied a tattooing, body piercing, body branding or body painting license from
any other governmental unit.
The location of the business premises and the legal description thereof.
Whether all real estate and personal property taxes that are due and payable for the premises to be licensed have been
paid, and if not paid, the years and amounts that are unpaid.
Whenever the application is for premises either already in existence, planned or under construction or undergoing
substantial alterations, the application shall be accompanied by a set of preliminary plans showing the design of the
proposed premises to be licensed. If the plans of design are on le with the City of Rich eld, building and inspection
division, no plans need be submitted to the Issuing Authority.
Whether the applicant has had a license for body art revoked or denied by the City or any other governmental body within
three (3) years before the application date.
The applicant's hours of operation, on-site management and parking facilities.
An executed data privacy advisory and consent form authorizing the release of criminal history information for each of the
individuals, partners and corporate o cers having an interest in the business.
Proof of Worker's Compensation Insurance as required by Minnesota Statutes, section 176.182 and the applicant's
Minnesota business tax identi cation number, as required by Minnesota Statutes, section 270C.72.
The website and electronic mail address for the business and each of the individuals, partners, and corporate o cers
having an interest in the business.
Such other information the City Council or the Department of Public Safety may require.
Subd. 7. Technician registration. An application for a body art technician registration shall be made on a form supplied by the Issuing
Authority and shall request the following information:
The applicant's name and current address.
The applicant's current employer.
The applicant's employers for the previous ve (5) years, including the employer's name, address and dates of
employment.
The applicant's addresses for the previous ve (5) years.
The applicant's date of birth, home telephone number, weight, height, color of eyes, and color of hair.
Whether the applicant has ever been convicted of any felony, crime, or violation of any ordinance other than a minor tra c
o ense and, if so, the time, place, and o ense for which convictions were had.
Whether the applicant has ever used or been known by a name other than the applicant's name, and if so, the name or
names and information concerning dates and places where used.
Description of body art procedures to be performed.
Name and business address of licensed body art establishment(s) where body art procedures will be performed.
Current proof of successful completion of an approved course on bloodborne pathogens and prevention of disease
transmission. Courses considered approved may include those administered by the following: the American Red Cross,
United States Occupational Safety and Health Administration (OSHA), or the Alliance of Professional Tattooists.
Each technician registration application shall include proof of training and experience, which may include a signed a davit
as proof of completion of supervised apprenticeship for a minimum of 200 hours in the area which the applicant is seeking
a license or current license issued from another health agency.
Proof of licensure by the State of Minnesota Department of Health.
Such other information as the City Council or Issuing Authority shall require.
Subd. 8. Apprenticeship and guest artist procedures.
No person shall start an apprenticeship or conduct body art procedures as a guest artist, until a licensed and registered
technician registers the apprenticeship or guest artist with the Issuing Authority on forms provided by the Issuing
Authority. The following information is required for registration:
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(1)
(2)
(3)
(4)
(5)
(6)
(b)
(c)
(d)
(e)
(f)
(a)
(b)
(c)
(d)
The name and address of the licensed establishment where the apprentice or guest artist will be training or working;
The name of the apprentice or guest artist.
The name(s) of the licensed and registered technician(s) conducting the apprenticeship or sponsoring the guest artist.
If more than one (1) person is conducting the apprenticeship, then a lead technician must be identi ed on the
application;
The starting date of the apprenticeship or guest artist;
The anticipated completion date of the apprenticeship or guest artist; and
Proof of licensure by the State of Minnesota Department of Health.
At least one of the licensed and registered technician(s) listed in (a)(3) above, shall be present at all times when the
apprentice is conducting body art procedures.
The sponsoring licensed and registered technician is not required to be present at all times when a guest artist is
conducting body art procedures if the guest artist provides to the Issuing Authority, upon registration, the information
required in subsection 630.07, subd. 7(j) and (k).
An apprentice shall complete a minimum of 200 hours of training under the direct supervision of licensed and registered
technician(s) before becoming eligible for a technician license and registration.
The length of time the guest artist may conduct body art procedures shall not exceed 30 days per calendar year per
licensed establishment. If the length of time exceeds this, then the guest artist shall apply for a technician license with the
Minnesota Department of Health and register as a technician with the Issuing Authority.
If the apprenticeship or guest artist procedure is not followed, the person, apprentice, or guest artist and/or licensed
technician(s) conducting the apprenticeship may be subject to penalties.
Subd. 9. Execution. The application must be executed as follows:
An application by a natural person, by that person;
An application by a corporation, by an o cer of the corporation;
An application by a partnership, by a partner;
An application by an incorporated association, by the manager or managing o cer.
Any falsi cation on a license application shall result in the denial of a license. (Amended, Bill No. 2013-15)
630.09. - Application veri cation and consideration.
Subdivision 1. All applications shall be referred to the Issuing Authority for veri cation and investigation of the facts set forth in the
application, including any necessary criminal background checks to assure compliance with this subsection.
Subd. 2. Consideration . Within a reasonable period of time after the completion of the license veri cation process by the Issuing Authority,
the Issuing Authority shall accept or deny the license application in accordance with this subsection. The notice shall be mailed by regular mail
to the applicant at the address provided in the application and it shall inform the applicant of the applicant's right, within 20 days after receipt
of the notice by the applicant to request an appeal of the Issuing Authority's determination to the City Council. If an appeal to the City Council
is timely received by the Issuing Authority, the hearing before the City Council shall take place within a reasonable period of time after receipt
of the appeal by the Issuing Authority. (Amended, Bill No. 2013-15)
630.11. - License period and fees.
Subdivision 1. Fees and term . The license fees are xed in appendix D. The term of a license is the calendar year or the remaining portion
thereof. Licenses will not be prorated. Licenses expire on December 31 of each year.
Subd. 2. Payment . At the time of an original application for a license, the license fee shall be paid when the application is led. At the time
of renewal of a license, the total license fee shall be paid when the application is led.
Subd. 3. Investigation fee . At the time of each original application for a license, the applicant shall also pay an investigation fee set by
appendix D. If the expenses of the investigation exceed the investigation fee, the Issuing Authority shall so notify the applicant and shall
require the applicant to pay an additional investigation fee as provided in appendix D which the Public Safety Director deems necessary to
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complete the investigation of the applicant. The applicant shall pay such an additional investigation fee within ve (5) days after noti cation. If
such additional investigation fee is not paid within the ve-day period, the City will give no further consideration to the application.
Subd. 4. Refunds . No part of a license or investigation fee shall be refunded except in accordance with this subsection. (Amended, Bill No.
2013-15)
630.13. - Persons ineligible for license.
Subdivision 1. No license shall be issued to an applicant who is a natural person if such applicant:
Is a minor at the time the application is led;
Has been convicted of any crime directly related to the occupation licensed as prescribed by Minnesota Statutes, section
364.03, subd. 2, and has not shown competent evidence of su cient rehabilitation and present tness to perform the
duties of the licensed occupation as prescribed by Minnesota Statutes, section 364.03, subd. 3;
Does not have the legal authority to be employed in the United States;
Is not of good moral character or repute;
Knowingly falsi es or misrepresents information on the license application;
Owes taxes or assessments to the State, County, School District or City that are due and delinquent;
Is not the real party in interest in the business to be licensed; or
Has had a license for body art revoked or denied by the City or another governmental body within three (3) years before
the application date.
Subd. 2. No license shall be issued to a partnership if such partnership has any general partner or managing partner:
Who is a minor at the time the application is led;
Who has been convicted of any crime directly related to the occupation licensed as prescribed by Minnesota Statutes,
section 364.03, subd. 2, and who has not shown competent evidence of su cient rehabilitation and present tness, to
perform the duties of the licensed occupation as prescribed by Minnesota Statutes, section 364.03, subd. 3;
Does not have the legal authority to be employed in the United States;
Is not of good moral character or repute;
Knowingly falsi es or misrepresents information on the license application;
Owes taxes or assessments to the State, County, School District or City that are due and delinquent;
Is not the real party in interest in the business to be licensed; or
Has had a license for body art revoked or denied by the City or another governmental body within three (3) years before
the application date.
Subd. 3. No license shall be issued to a corporation or other organization if such applicant has any manager, proprietor, or agent in charge
of the business to be licensed:
Who is a minor at the time the application if led;
Who has been convicted of any crime directly related to the occupation licensed as prescribed by Minnesota Statutes,
section 364.03, subd. 2, and who has not shown competent evidence of su cient rehabilitation and present tness to
perform the duties of the licensed occupation as prescribed by Minnesota Statutes, section 364.03, subd. 3;
Does not have the legal authority to be employed in the United States;
Is not of good moral character or repute;
Knowingly falsi es or misrepresents information on the license application;
Owes taxes or assessments to the State, County, School District or City that are due and delinquent;
Is not the real party in interest in the business to be licensed; or
Has had a license for body art revoked or denied by the City or another governmental body within three (3) years before
the application date. (Amended, Bill No. 2013-15)
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630.14. - Locations ineligible for a license.
The following locations shall be ineligible for a license under this Section.
Subdivision 1. Taxes due on property. No license shall be granted or renewed for operation on any property on which taxes, assessments,
or other nancial claims of the State, County, School District, or City are past due, delinquent, or unpaid. in the event a suit has been
commenced under Minnesota Statutes, Chapter 278, questioning the amount of validity of taxes, the City Council may on application waive
strict compliance with this provision; no waiver may be granted, however, for taxes or any portion thereof which remain unpaid for a period
exceeding one (1) year after becoming due.
Subd. 2. Improper zoning. No license shall be granted if the property is not properly zoned for body art establishments unless the business
is a legal, nonconforming use.
Subd. 3. Premises licensed for alcoholic beverages. No license shall be granted or renewed if the premises is licensed for the furnishing of
alcoholic beverages or is licensed as a sexually-oriented business. (Added, Bill No. 2013-15)
630.15. - General license requirements.
Subdivision 1. General licensing requirements are as follows:
Minors . No person shall tattoo any person under the age of 18. No person shall pierce, brand or paint any person under
the age of 18 except in the presence of, and with the written permission of, the parent or legal guardian of such minor.
Prohibition on license transfer . The license granted is for the person and the premises named on the approved license
application. No transfer of a license shall be permitted from place-to-place or from person-to-person without rst
complying with the requirements of an original application, except in the case in which an existing noncorporate licensee is
incorporated and incorporation does not a ect the ownership, control, and interest of the existing licensed establishment.
Hours of operation . A licensee shall not be open for business for tattooing before 7:00 a.m. nor after 11:00 p.m.
Licensed premises . The body art establishment license is only e ective for the compact and contiguous space speci ed in
the approved license application. If the licensed premises is enlarged, altered, or extended, the licensee shall inform the
Issuing Authority.
E ect of license suspension or revocation . No person shall solicit business or o er to perform body art procedures while
under license suspension or revocation by the City.
Maintenance of order . The licensee shall be responsible for the conduct of the business being operated and shall at all
times maintain conditions of order.
Employee lists . The licensee shall provide to the Issuing Authority a list of employees who perform body art procedures at
the licensed establishment and shall verify that each employee has received a copy of Section 630.
Liability insurance . All licensees of establishments shall have at all times a valid certi cate of insurance issued by an
insurance company licensed to do business in the State of Minnesota indicating that the licensee has current coverage of
$1,000,000.00 for professional liability in the practice of body art.
Such insurance shall be kept in force during the term of the license and shall provide for noti cation to the City prior to termination or
cancellation. A certi cate of insurance shall be led with the City.
Subd. 2. Renewal of license or registration. An application for the renewal of an existing license or registration shall be made at least 30
days prior to the expiration date of the license or registration and shall be made in such form as the Issuing Authority requires. Within a
reasonable period after the completion of the renewal license or registration veri cation process, the Issuing Authority shall accept or deny the
license or registration application in accordance with this Section. If the application is denied, the Issuing Authority shall notify the applicant of
the determination in writing and by regular mail to the address provided on the application form. The notice shall inform the applicant of the
right, within 20 days after receipt of the notice by the applicant, to request an appeal of the Issuing Authority's denial to the City Council. If an
appeal to the City Council is timely received by the Issuing Authority, the hearing before the City Council shall take place within a reasonable
period of receipt of the appeal by the Issuing Authority. (Amended, Bill No. 2013-15)
630.17. - Standards for health and safety.
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Subdivision 1. No person shall perform body art procedures in the City without complying with the following regulations:
Clients .
Minors . No person shall tattoo any person under the age of 18. Additionally, no person shall pierce a minor without
written permission from a custodial parent given in person at the body art establishment. Nipple and genital piercing
is prohibited on minors regardless of parental consent.
Client identi cation. Technicians shall require proof of age prior to performing procedures on any client. Proof of age
is established by one (1) of the following:
A valid driver's license or identi cation card issued by the State of Minnesota, or other state, and including the
photograph and date of birth of the person;
A valid military identi cation card issued by the United States Department of Defense;
A valid passport;
A resident alien card; or
A tribal identi cation card.
Release form. Before performing a body art procedure, the client must sign and date a release form detailing if the
client has any of the following conditions:
Diabetes;
A history of hemophilia;
A history of skin diseases, skin lesions, or skin sensitivities to soap, disinfectants, etc.;
A history of allergies to metals;
A history of epilepsy, seizures, fainting or narcolepsy;
A condition where the client takes medications, such as anticoagulants, that thin the blood and/or interferes
with blood clotting; or
Any other information that would aid the technician in body art procedure process evaluation.
Consent form. Before performing a body art procedure, the client must sign and date a consent form. The consent
form shall disclose:
That any tattoo should be considered permanent; it may only be removed with a surgical procedure; and any
e ective removal may leave scarring; or
That any piercing may leave scarring.
Client record management. The body art establishment operator shall maintain proper records for each client. The
records of the procedure shall be kept for two (2) years and shall be available for inspection by the Health Authority
and Issuing Authority. The records shall include the following:
The date of the procedure.
Record of information on picture identi cation showing name, age, and current address of the client.
Copy of the release form signed and dated by the client.
The nature of the body art procedure performed.
The name and license number of the technician performing the procedure.
A copy of the consent form to perform the body art procedure on a minor with required signatures as de ned in
(a)(1) above, if applicable.
Technician information. The following information shall be kept on le for three (3) years on the premises and available for
inspection by the Health Authority and Issuing Authority for each technician, guest artist or apprentice:
Full name;
Home address;
Home phone number;
Date of birth;
Identi cation photo;
Exact duties; and
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Proof of a registration from the Issuing Authority, guest artist registration or current apprenticeship registration.
Establishment information. The following information shall be kept on le for three (3) years on the premises and available
for inspection by the Health Authority and Issuing Authority:
A description of all body art procedures performed.
An inventory of instruments, body jewelry, sharps, and inks or pigments used for all procedures including the names
of manufacturers, serial and lot numbers. Invoices or orders shall satisfy this requirement.
Copies of spore tests conducted on the sterilizer.
A copy of this Section shall be available at all times on premises.
Under the in uence. No technician shall perform body art procedures while under the in uence of alcohol, controlled
substances as de ned in Minnesota Statutes, Section 152.01, subd. 4, or hazardous substances as de ned in the rules
adopted under Minnesota Statutes, Chapter 182.
Aftercare . Upon completion of the body art procedure, technicians shall provide each client with verbal and printed
instructions on recommended care of the body art during the healing process. The printed instructions must advise the
client of the di erence between normal skin or tissue irritation and infection and to consult a health care professional
upon indication of infection of the skin or tissue.
Noti cation . Operators and technicians shall notify the Health Authority immediately of any reports they receive of a
potential bloodborne pathogen transmission.
Industry self-survey and training responsibility. Every licensee of a body art establishment shall arrange for and maintain a
program of sanitation self-inspection conducted by the owner, operator, technician, or apprentice and approved by the
Health Authority. The self-inspection program shall include written policies, appropriate forms for logging self-inspections,
and evidence that routine self-inspection of all aspects of the body art establishment takes place. A description of the body
art establishment self-inspection program shall be available for review.
Facilities .
Plans . Any new or remodeled establishment shall submit to the Health Authority a to-scale establishment plan in
su cient detail to ascertain compliance with conditions in this Section.
Procedure areas. There shall be no less than 45 square feet of oor space for each procedure area. The procedure
area(s) must be separated from the bathroom, retail sales area, hair salon area, or any other area that may cause
potential contamination of work surfaces. For clients requesting privacy, dividers, curtains, or partitions at a minimum
shall separate multiple procedure areas.
Handsinks . Each establishment shall have a readily accessible handsink that is not in a public restroom and is
equipped with:
Hot and cold running water under pressure;
No touch faucet controls such as wrist or foot operated;
Liquid hand soap;
Single use paper towels or a mechanical hand dryer or blower;
A nonporous washable garbage receptacle with a foot-operated lid or without a lid and a removable liner; and
A sign reminding technicians to properly wash their hands.
Bathrooms . Every establishment shall have at least one available bathroom equipped with a toilet and a hand
lavatory. The hand lavatory shall be supplied with:
Hot and cold running water under pressure;
Liquid hand soap;
Single use paper towels or mechanical hand drier/blower;
A garbage can;
A door that closes; and
Adequate ventilation.
Lighting . The establishment shall have an arti cial light source equivalent to 20 foot-candles at three (3) feet above
the oor. At least 100 foot-candles of light shall be provided at the level where body art procedures are performed,
where sterilization takes place, and where instruments and sharps are assembled.
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Procedure surfaces. All procedure surfaces shall be smooth, nonabsorbent and easily cleanable. Procedure surfaces sha
sanitized after each client.
Ceilings . All ceilings shall be in good condition.
Walls and oors. All walls and oors shall be maintained in good repair free of open holes or cracks and washable.
Floors of procedure areas shall not be carpeted.
Facilities maintenance. All facilities shall be maintained in good working order and in good condition.
Clean facilities. All facilities shall be maintained in a clean and sanitary condition.
Facilities use. No establishment shall be used or occupied for living or sleeping quarters.
Animals . Only service animals may be allowed in the establishment. No animals shall be allowed in the procedure
area(s).
Pest control. E ective measures shall be taken by the operator to prevent entrance, breeding, and harborage of
insects, vermin, and rodents in the establishment.
Equipment and instruments.
Sterile jewelry and instruments. All jewelry used as part of a piercing procedure shall be sterilized before use. All
reusable instruments shall be thoroughly washed to remove all organic matter, rinsed, and sterilized before and after
use. All needles shall be single use needles and sterilized before use. All sterilization shall be conducted using steam
heat or chemical vapor. Steam heat and chemical vapor sterilization units shall be operated according to the
manufacturer's speci cations and the sterilizer operations shall be recorded in a written log that includes at a
minimum the following information:
Date of sterilizer operation;
Name of the person operating the sterilizer;
Contents or items sterilized; and
Run temperature, pressure and duration in minutes.
Spore testing. At least once a month, but not to exceed 30 days between tests, a spore test shall be conducted on the
sterilizer to ensure that it is working properly. If a positive spore test result is received, the sterilizer cannot be used
until a negative result is obtained. This may result in ceasing operation until the situation is corrected.
Jewelry . Jewelry must be made of surgical implant grade stainless steel, solid 14k or 18k white or yellow gold,
niobium, titanium or platinum, and/or a dense low-porosity plastic. Jewelry must be free of nicks, scratches or
irregular surfaces and must be properly sterilized prior to use. Use of jewelry that is constructed of wood, bone, or
other porous material is prohibited.
Inks, dyes, and pigments. All inks, dyes, and other pigments shall be speci cally manufactured for tattoo procedures.
The mixing of approved inks, dyes, or pigments, or their dilution with distilled water or alcohol is acceptable.
Single use ink cups. Immediately before applying a tattoo, the quantity of the dye used shall be transferred from the
dye bottle and placed into single use paper or plastic cups. Upon completion of the tattoo, these single use cups and
their contents shall be discarded.
Procedure surfaces and sanitization. All tables, chairs, furniture or other procedure surfaces that may be exposed to
blood or body uids during the tattooing or piercing procedure shall be constructed of stainless steel, or other
suitable material that will allow complete sanitization, and shall be sanitized between uses with a liquid chemical
germicide.
Single use towels. Single use towels or wipes shall be provided to the client. These towels shall be dispensed in a
manner that precludes contamination and disposed of in a cleanable garbage container with a liner.
Storage of bandages. All bandages and surgical dressings used shall be sterile or bulk-packaged clean and stored in a
clean, closed nonporous container.
Equipment and instrument maintenance. All equipment and instruments shall be maintained in a good working order
and in a clean and sanitary condition.
Supply storage. All instruments and supplies shall be stored clean and dry in covered containers stored up o the
oor.
Single-use disposable barriers or a chemical germicide must be used on all equipment that cannot be sterilized as
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part of the procedure as required under this section, including but not limited to, spray bottles, procedure light
xture handles, and tattoo machines.
Skin preparation.
Whenever it is necessary to shave the skin, a new disposable razor must be used for each client.
The skin area subject to a body art procedure must be thoroughly cleaned with soap and water, rinsed thoroughly,
and swabbed with an antiseptic solution. Only single use towels or wipes shall be used in the skin cleaning process.
No body art procedure shall be performed on any area of the skin where there is an evident infection, irritation, or
open wound.
Hand washing and hygiene.
Each technician shall scrub his or her hands and wrists thoroughly using soap, warm water and a nail brush for 20
seconds before and after performing a body art procedure.
Technicians with skin infections of the hand or open sores visible or in a location that may come in contact with the
client shall not perform body art procedures.
The technician must wash his or her hands after contact with the client receiving the procedure or after contact with
potentially contaminated articles.
Technicians shall wear clean clothing and use a disposable barrier such as a lap cloth when performing body art
procedures.
For each client, single use disposable barriers shall be provided on all equipment used as part of the procedure that
cannot be sterilized according to (i)(1) above. Examples may include, but not limited to spray bottles, procedure light
xture handles, and tattoo machines.
Technicians shall not smoke, eat, or drink while performing body art procedures.
Technicians shall not allow clients to leave the procedure area without rst covering the tattooed area with a bandage
or other clean covering.
Glove use.
Single use gloves of adequate size and quality as to preserve dexterity shall be used for touching clients, for handling
sterile instruments, or for handling blood or body uids.
Gloves must be changed if:
They become damaged;
They come in contact with any non-clean surface or objects; or
They come in contact with a third person.
At a minimum, gloves shall be discarded after the completion of a procedure on a client.
Hands and wrists must be washed before putting on a clean pair of gloves and after removing a pair of gloves.
Gloves shall not be reused.
Nonlatex gloves must be used with clients or employees who request them or when petroleum products are used.
Proper handling and disposal of needles, other sharp instruments, blood, other body uids, and contaminated products.
Contaminated waste that may release liquid blood or body uids when compressed or that may release dried blood
or body uids when handled, must be placed in an approved "red" bag that is marked with the international
biohazard symbol. It must be disposed of by a licensed waste hauler at an approved site, or at a minimum, in
accordance with the requirements contained in 29 CFR Part 1910.1030, Occupational Exposure to Bloodborne
Pathogens.
Contaminated waste that does not release liquid blood or body uids when compressed or handled may be placed in
a covered receptacle and disposed of through normal, approved disposal methods.
Sharps ready for disposal shall be disposed of in an approved sharps container.
Storage of contaminated waste on-site shall not exceed the period speci ed by 29 CFR Part 1910.1030, Occupational
Exposure to Bloodborne Pathogens.
Maintain proof of proper disposal service at the establishment in the form of invoices or bills for three (3) years.
(Amended, Bill No. 2013-15)
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630.18. - Inspection and plan review.
Subdivision 1. Inspection required. The Health Authority shall inspect each body art establishment:
Before a license is issued for a new establishment;
As part of a construction or remodeling plan review;
As part of a complaint investigation; or
At least once a year for a routine inspection.
Subd. 2. Construction inspections. The body art establishment shall be constructed in conformance with the approved plans. No building
permit for a body art establishment or remodeling or alteration permit for such establishment may be issued until such plans have the
approval of the Health Authority and the City of Rich eld. The Health Authority shall inspect the body art establishment as frequently as
necessary during the construction to ensure that the construction occurs in conformance with this Section. The Health Authority and the City of
Rich eld shall conduct a nal construction inspection prior to the start of operations and issuance of a license.
Subd. 3. Access to premises and records. The operator of the body art establishment shall, upon request of the Health Authority or Issuing
Authority, and after proper identi cation, permit access to all parts of the establishment at any reasonable time, for the purpose of inspection.
The operator shall allow review of any records necessary for the Health Authority or Issuing Authority to ascertain compliance to this Section.
Subd. 4. Interference with the health authority. No person shall interfere with or hinder the Health Authority in the performance of its
duties, or refuse to permit the Health Authority to make such inspections.
Subd. 5. Removal and correction of violations. Operator(s) or technician(s) shall correct or remove each violation upon receipt of an
inspection report giving noti cation of one (1) or more violations of this Section in a reasonable length of time as determined by the Health
Authority. The length of time for the correction or removal of each such violation shall be noted on the inspection report. Failure to remove or
correct each violation within the time period noted on the inspection report shall constitute a separate violation of this Section. The Health
Authority or the City of Rich eld may issue orders to halt construction or remodeling, or to take corrective measures to ensure compliance with
this Section.
Subd. 6. Grounds for emergency closure.
Single violations. If any of the following conditions exist, the operator(s) or technician(s) may be ordered to discontinue all
operations of the body art establishment. Body art establishments shall only reopen with permission from the Health
Authority and the City of Rich eld.
Failure to possess a license or registration required by this Section;
Evidence of a sewage backup in an area of the establishment where body art activities are conducted;
Lack of potable, plumbed, hot or cold water to the extent that hand washing, or toilet facilities are not operational;
Lack of electricity or gas service to the extent that hand washing, lighting, or toilet facilities are not operational;
Signi cant damage to the body art establishment due to tornado, re, ood, or other disasters;
Evidence of an infestation of rodents or other vermin;
Evidence of contamination, lthy conditions, untrained sta or poor personal hygiene;
Any time a public health nuisance exists;
Using instruments or jewelry that are not sterile;
Failure to maintain required records;
Failure to use gloves as required;
Failure to properly dispose of sharps, blood or body uids, or blood or body uid contaminated items;
Failure to report complaints of potential bloodborne pathogen transmission to the Health Authority;
Evidence of violations of subsection 630.01, subd. 4; or
Evidence of a positive spore test on the sterilizer or an inoperable sterilizer. (Added, Bill No. 2013-15)
630.19. - Penalties and sanctions.
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Subdivision 1. Suspension or revocation. The City Council may revoke or suspend a license if the licensee submitted false information or
omitted material information in the license process required. The City Council may also suspend or revoke a license for the violation of any
provision or condition of this section or any other local law governing the same activity during the license period or any criminal law during the
license period which adversely a ects on the ability to honestly, safely, or lawfully conduct a body art establishment.
Subd. 2. Notice. A revocation or suspension shall be preceded by written notice to the licensee and a hearing before the City Council. The
notice shall give at least eight (8) days' notice of the time and place of the hearing and shall state the nature of the charges against the licensee.
The notice shall be mailed to the licensee at the most recent address listed on the application.
Subd. 3. Criminal penalties. A violation of this Section shall be a misdemeanor or gross misdemeanor as de ned under Minnesota law.
(Amended, Bill No. 2013-15)
630.21. - Issuance of temporary body art event license.
Subdivision 1. The Issuing Authority may issue a temporary body art event license, provided that the following license requirements are
met:
Duration of event. The event is no longer than four (4) continuous days.
Number of events. The same person or organization has had no more than four (4) body art events in the same calendar
year.
Security measures. The Director of Public Safety or designee has approved the security measures for the event.
Health inspection. The Health Authority has reviewed the health and sanitation measures for the event and has inspected
each vendor space for the event.
Liability insurance. Liability insurance coverage of $1,000,000.00 has been obtained to cover the event or in the alternative
each vendor has procured insurance to cover the vendor's operations at the event for professional liability in the practice
of body art.
A certi cate of insurance shall be led with the City.
The licensee must comply with the requirements at subsection 630.15(a), (c), (f), and subsection 630.17, subdivision 1.
Subd. 2. Temporary application. The temporary license application shall request the following information:
The applicant's name and current address.
The applicant's current employer.
The applicant's addresses for the previous ve (5) years.
The applicant's date of birth, home telephone number, weight, height, color of eyes, and color of hair.
Whether the applicant has ever used or been known by a name other than the applicant's name, and if so, the name or
names and information concerning dates and places where used.
The location where the event will be conducted.
The number of body art booths that will be operational at the event.
The names and addresses of persons in charge of the event.
A list of names of body art technicians who will be working the event.
Subd. 3. Background investigation. The Issuing Authority shall verify the information supplied on the temporary license application and
shall investigate the background, including the current background of the applicant. Within seven (7) days of receipt of a complete application,
the Issuing Authority shall grant or deny the application. An applicant who is denied a license shall have a right to appeal to the City Council.
(Amended, Bill No. 2013-15)
630.23. - Severability .
If any subsection, subdivision, paragraph, or clause of this Section is for any reason held to be invalid, such decision shall not a ect the
validity of the remaining portions of this Section. (Added, Bill No. 2013-15)
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70th
DUPONTKNOXJAMESIRVINGHUMBOLDTGIRARDFREMONTEMERSONCOLFAXBRYANTALDRICHGARFIELDGRANDHARRIETLYNDALECROSSTOW N HW Y
62nd
67th
68th
66th
65th
64th
63rd
COLUMBUS2nd1stSTEVENSPLEASANTPILLSBURYBLAISDELLWENTWORTHNICOLLET3rdCLINTON4th5thPORTLANDOAKLANDPARK10th11th12th13th14thELLIOTCHICAGO15th16th17th18thCEDARBLOOMINGTONI-494
19008009001000110012001300180060050040030020050100124200300324400500620700720800900100011001300140015001600170018001001524190060012000007001400290028002700260025002200210020003000150016001700240031002300Tattoo Businesses - Permitted, Conditional, Not Permitted Zones
±0 0.5 1 1.5 20.25 Miles
Not Permitted Zones
Park (Zoning District is R)
All other commercial/multifamily districts
R/R1 Single-Family
MR-1 Two-Family
C-1 Community Commercial
MU-N Mixed Use Neighborhood
R-1 Single-Family
MU-C Mixed Use-Community
MU-R Mixed Use-Regional
MU-C/CAC Mixed Use + Cedar Overlay
MU-C/PAC Mixed Use + Penn Overlay
PMU Planned Mixed Use
C-2 General Commercial
PC-2 Planned General Commercial
Permitted Zones
current: Conditionally Permittedproposed: Permitted
Hub
Shops at Lyndale
Cedar PtCommonsSouthdale Square
AGENDA SECTION:PUBLIC HEARINGS
AGENDA ITEM #5.
STAFF RE P ORT NO. 177
CIT Y COUNCIL ME E T ING
10/9/2018
RE P O RT P RE PA RE D B Y: C hris L ink, Operations S uperintendent
D E PA RTME NT D IRE C TO R RE V IE W: K ristin A sher, P ublic Works D irector
10/2/2018
O THE R D E PA RTM E NT RE V IE W: N/A
C ITY MA NA G E R RE V IE W: S teven L . D evich, C ity Manager
10/3/2018
I T E M F O R C O UNC IL C O NS ID E RAT I O N:
Public hearing and consideration of the adoption of resolutions regarding the annual
Interstate/Lyndale/Nicollet (ILN) Project Area assessment and proposed work for 2019.
E X E C UT IV E S UM M ARY:
The I LN Project Area assessment was established to recover special maintenance expenses in the 77th
Street area in 1988. The current services include:
Maintenance and operation of irrigation systems
Weed control
Mowing
Fertilization
Trash and litter removal
Re-plantings
These current services are provided on both sides of the 77th Street wall. The maintenance functions are
funded through a maintenance assessment on 77th Street commercial properties.
RE C O M M E ND E D AC T I O N:
Conduct and close the public hearing and by motion:
1. Adopt a resolution adopting the assessment on the IL N Project Area for costs incurred to
maintain the area for 2017.
2. Adopt a resolution ordering the undertaking of the current service project within the IL N Project
Area for 2019.
B AS IS O F RE C O M M E ND AT I O N:
A.H IS TOR IC AL C ON T E X T
City staff has determined the actual assessment costs of current services for 2017 for this area to
be $77,790.83.
The estimate for 2019 maintenance is $80,000.
Fluctuations in expenditures for maintenance of the 77th Street Project Area are caused by a
number of factors:
Changes in water use and irrigation costs;
Concrete repair variations;
Demand for aging infrastructure updates; and
Need for re-plantings.
B.P OL IC IE S (resolutions, ordinances, regulations, statutes, etc):
Section 825 of the City Code indicates “current services” mean one or more of the following:
(a) snow, ice, or rubbish removal from sidewalks;
(b) weed elimination from streets or private property;
(c) removal or elimination of public health or safety hazards from private property, excluding
any structure included under the provisions of Minnesota Statutes, sections 463.15 to
463.26;
(d) installation or repair of water service lines;
(e) street sprinkling, sweeping, or other dust treatment of streets;
(f) the trimming and care of trees and the removal of unsound trees from any street;
(g) the treatment and removal of insect-infested or diseased trees on private property;
(h) the repair of sidewalks and alleys;
(i) the operation of a street lighting system;
(j) the maintenance of landscaped areas, decorative parks and other public amenities on or
adjacent to street right-of-way; and,
(k) snow removal and other maintenance of streets in commercial redevelopment areas.
Council ordered the work and the work was completed for 2017.
Resolution No. 7405, adopted in 1988, established a policy for assessing the costs.
Commercial property owners will be assessed on a per-square-foot basis; however, all single
family and multi-family residential properties, plus the two churches in the area, would be exempt
from the special assessment levy.
The proposed assessment was properly filed with the City Clerk.
Notice of the public hearing was mailed to all owners described on the assessment roll on
September 13, 2018.
The public hearing notice was published in the official newspaper on September 20, 2018.
C.C R IT IC AL T IMIN G IS S U E S:
Each year the City shall list the total unpaid charges for current services against each separate lot
or parcel to which they are attributable under Section 825 of the City Code. This list is available at
the offices of the City Clerk, Assessing, and Public W orks.
The assessment roll is submitted to the County Auditor and is due to Hennepin County by
November 30, 2018.
D.F IN AN C IAL IMPAC T:
All costs to the City will be recovered through this assessment.
Estimated and actual costs for the I LN Project Area maintenance services from 2003-2017 are:
Year Estimate Ac tual
2003 $80,000 $59,831.07
2004 $80,000 $63,842.79
2005 $80,000 $64,841.54
2006 $80,000 $69,606.52
2007 $80,000 $77,441.46
2008 $80,000 $77,000.01
2009 $80,000 $62,894.55
2010 $80,000 $64,124.81
2011 $80,000 $72,427.48
2012 $80,000 $78,286.46
2013 $80,000 $59,779.82
2014 $80,000 $71,499.01
2015 $80,000 $59,557.56
2016 $80,000 $71,489.33
2017 $80,000 $77,790.83
E.L E GAL C ON S ID E R AT ION:
The City Attorney has reviewed the resolutions and will be available to answer questions.
ALTE R N AT IV E R E C O MME N D ATIO N(S):
Council may make any changes to the assessment roll, as deemed necessary, after the public hearing.
P R IN C IPAL PAR TIE S E X P E C TE D AT ME E TIN G:
Property owners on the assessment roll.
AT TAC H ME N T S:
D escription Type
IL N Resolution 2017 B ackup Material
IL N Resolution 2019 B ackup Material
IL N A ssessment Roll B ackup Material
IL N A ssessment D istrict B ackup Material
RESOLUTION NO.
RESOLUTION ADOPTING ASSESSMENT ON
INTERSTATE-LYNDALE-NICOLLET (ILN) PROJECT AREA MAINTENANCE FOR
THE PERIOD JANUARY 1, 2017 TO DECEMBER 31, 2017
WHEREAS, pursuant to proper notice duly given as required by law, the council
has met and passed upon all objections to the proposed assessment for current
services related to maintenance of the ILN Project Area, which is approximately
bounded east of I-35W and west of Cedar Avenue.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of
Richfield, Minnesota, as follows:
1. Such proposed assessment roll in the total amount of $77,790.83 is hereby
accepted and shall constitute the special assessment against the lands named
therein, and each tract of land therein included is hereby found to be benefited by
the proposed current services in the amount of assessment levied against it.
2. Such assessment shall be payable before or during 2018 and shall bear interest at
the rate of five percent (5%) from the date of adoption of this assessment resolution.
3. The owner of any property so assessed may, at any time prior to certification of the
assessment to the County Auditor, pay the whole of the assessment on such
property with interest accrued to the date of payment, to the City’s Finance Division,
except that no interest shall be charged if the entire assessment is paid by
November 8, 2018. A property owner may, at any time prior to November 15, pay to
the City’s Finance Division the entire amount of the assessment remaining unpaid,
with interest accrued to December 31 of the year in which payment is made.
4. The City Clerk shall forthwith transmit a certified duplicate of this assessment roll to
the County Auditor to be extended on the proper tax lists of the County and such
assessment shall be collected and paid over in the same manner in other municipal
taxes.
Adopted by the City Council of the City of Richfield, Minnesota this 9th day of October,
2018.
_______________________________
Pat Elliott, Mayor
ATTEST:
Elizabeth VanHoose, City Clerk
RESOLUTION NO.
RESOLUTION ORDERING THE UNDERTAKING OF
CURRENT SERVICE PROJECT WITHIN THE
INTERSTATE-LYNDALE-NICOLLET (ILN) PROJECT
AREA FOR THE PERIOD JANUARY 1, 2019 TO
DECEMBER 31, 2019
WHEREAS, pursuant to ordinance, the City Council of the City of Richfield did
establish a special assessment district and did propose that certain current services be
undertaken by the City in the ILN Project Area, approximately bounded by I-35W, 77th
Street, I-494 and Cedar Avenue and that the cost of such services be specially
assessed against benefited property; and
WHEREAS, the City Council of the City of Richfield did also by such resolution
set the date of the public hearing on the undertaking of such current service project and
the levying of special assessment to bear the cost thereof; and
WHEREAS, following due notice, such public hearing was held on October 9,
2018, at which time all interested parties desiring to be heard were given an opportunity
to be heard.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of
Richfield, Minnesota as follows:
1. That the following examples of current services of the City shall be undertaken by
the City within the ILN Project Area, which area constitutes the special assessment
district with the exception of residential properties, plus the two churches in the area,
with the cost of such services to be specially assessed against the benefited
property within the district:
a. Snow, ice or rubbish removal;
b. Weed elimination;
c. Elimination or removal of public health or safety hazards from private
property, excluding any structure included under the provisions of Minnesota
Statutes Section 463.15 to 463.26;
d. Installation and repair of water service lines;
e. Street sprinkling or other dust treatment of streets;
f. The treatment and removal of insect-infested or diseased trees on private
property;
g. Trimming and care of trees and the removal of unsound trees;
h. Repair of sidewalks, crosswalks and other pedestrian walkways;
i. Operation of the street lighting system;
j. Maintenance of landscaped areas and other public amenities on or adjacent
to street right-of-way; and
k. Snow removal and other maintenance of streets.
2. The work to be performed may be by day labor, by City force, by contract, or by any
combination thereof.
3. The designated period of the project shall be from January 1, 2019, through
December 31, 2019. Costs of the project shall be in the manner provided in the
Richfield Ordinance Code.
Adopted by the City Council of the City of Richfield, Minnesota this 9th day of October,
2018.
____________________________
Pat Elliott, Mayor
ATTEST:
____________________________
Elizabeth VanHoose, City Clerk
2018 ILN Assessment
BLDG_NU
M STREETNAME PID ASSESSMENT
1 MERIDIAN CROSSINGS 3302824430050 $4,420.34
2 MERIDIAN CROSSINGS 3302824430049 $4,029.79
42 ADDRESS UNASSIGNED 3302824440114 $17.75
42 ADDRESS UNASSIGNED 3502824440032 $35.50
42 ADDRESS UNASSIGNED 3302824440236 $479.31
42 ADDRESS PENDING 3502824430077 $3,337.45
84 78TH ST W 3402824340001 $292.91
100 78TH ST W 3402824340056 $470.44
200 78TH ST W 3402824340053 $1,899.50
301 77TH ST W 3402824330087 $994.13
308 78TH ST E 3402824440037 $656.84
345 77TH ST E 3402824440032 $745.60
351 77TH ST W 3402824330088 $2,130.28
401 77TH ST W 3402824330156 $6,097.93
415 77TH ST E 3402824440028 $213.03
500 78TH ST E 3402824440023 $594.70
616 78TH ST E 3502824330009 $514.82
700 78TH ST W 3302824440234 $346.17
710 78TH ST W 3302824440232 $6,692.64
980 78TH ST W 3302824440235 $239.66
1000 78TH ST W 3302824440231 $7,642.39
1200 78TH ST E 3502824430008 $949.75
1401 76TH ST W 3302824430019 $2,334.43
1550 78TH ST E 3502824440010 $2,849.25
1600 78TH ST E 3502824440031 $683.47
1620 78TH ST E 3502824440008 $1,100.65
1640 78TH ST E 3502824440007 $807.73
1710 78TH ST E 3502824440006 $665.71
7610 LYNDALE AVE S 3302824440110 $1,890.63
7630 LYNDALE AVE S 3302824440113 $248.53
7636 CEDAR AVE S 3502824440004 $1,109.52
7644 LYNDALE AVE S 3302824440115 $195.28
7645 LYNDALE AVE S 3402824330155 $514.82
7645 LYNDALE AVE S 3402824330151 $514.82
7645 LYNDALE AVE S 3402824330152 $514.82
7645 LYNDALE AVE S 3402824330154 $514.82
7645 LYNDALE AVE S 3402824330153 $514.82
7645 LYNDALE AVE S 3402824330150 $514.82
7700 NICOLLET AVE S 3402824340065 $381.68
7700 WENTWORTH AVE S 3402824340054 $408.30
7700 PORTLAND AVE S 3402824440006 $292.91
7700 LYNDALE AVE S 3302824440233 $479.31
7700 PILLSBURY AVE S 3402824340073 $834.36
7701 PORTLAND AVE S 3502824330006 $452.69
7701 5TH AVE S 3402824440027 $275.16
7701 PILLSBURY AVE S 3402824340061 $204.15
7701 NICOLLET AVE S 3402824430078 $8,325.86
7701 LYNDALE AVE S 3402824330082 $133.14
7708 5TH AVE S 3402824440024 $204.15
7709 PILLSBURY AVE S 3402824340060 $204.15
7714 5TH AVE S 3402824440025 $204.15
7715 PILLSBURY AVE S 3402824340058 $106.51
7717 PILLSBURY AVE S 3402824340059 $97.64
7720 WENTWORTH AVE S 3402824340055 $408.30
7720 NICOLLET AVE S 3402824340066 $355.06
7721 PILLSBURY AVE S 3402824340057 $683.47
7727 PORTLAND AVE S 3502824330007 $603.58
7730 PORTLAND AVE S 3402824440007 $470.44
7731 4TH AVE S 3402824440029 $426.06
7733 PORTLAND AVE S 3502824330008 $559.20
7740 2ND AVE S 3402824430005 $825.48
7744 5TH AVE S 3402824440031 $621.33
7744 12TH AVE S 3502824340002 $505.94
7745 LYNDALE AVE S 3402824330081 $1,482.32
7745 2ND AVE S 3402824430077 $470.44
$77,790.83
Page 1 of 1
245
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7701
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100
200
7601 Girard Ave S
42 AD
7625
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7608
7619
76237625
76297631
76357637
76417643 76101000 78th St W
980
710 78th St W
7600
1401
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75377541
7545 7544
754075367537
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7537 7536 753775417545 7544
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700
704
90
97 93 89
99 95 91 87 83 79EAST PLEASANT AVE SWENTWORTH AVE SM eridianCrossings78TH ST W
76TH ST W 76TH ST
77TH ST WGRAND AVE SHARRIET AVE SGARFIELD AVE S7 8 T H S T W
77TH ST W
SHOPS AT LYNDALEUS BANCORP
Interstate-Lyndale-Nicollet (ILN)Assessment DistrictRichfield, Minnesota
The City of Richfield makes no representation or warranties, expressor implied, with respect to the reuse of the data provided herewith,regardless of its format or the means of its transmission. There is noguarantee or representation to the user as to the accuracy, currency,suitability, or reliability of this data for any purpose. The user acceptsthe data “as is”, and assumes all risks associated with its use.
Assessment Districts
2018 Assessed Parcels
#I:\GIS\Public Works\Streets\AssessmentDistricts\Projects\ILNAssessment.mxd1 inch = 500 Feet
0 500 1,000250 Feet
7717
7632
7626 7627
7633
7639 7638
7632
76267621
7625 7632
7628 7625
7629
7635 7634
7628
7624
7635
7629
7625
6167733
7727
7701 631
620
710
701
315 345
7744
7715
7731
415 7701
7714
7708
500
7639
7633
7627
7720
7701
7730
7700
7745
76437645
7627
7633
7638
7632
7626 7627
7633
7639 7638
7632
7626 7627
7633
7639 7638
7632
7626 7627
7633
7639 7638
7701
7740
7636
7626
7735
7720
7700
7727 30
457700
7638
7632
7626 7627
7633
7639 7638
7632
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84
308
305
7730
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40508090
70
60
97 93 89 85 81 77 4953576165
99 95 91 87 83 79 67 63 59 55 51 47
7627
607
626 632 638
711 717 729 735
716 728 734
77TH ST E
7 8 TH ST E
78TH ST E 4TH AVE S77TH ST W
INTERSTATE HW Y NO 494
I N T E R S T AT E H W Y N O 4 9 4
PARTNERSHIPACADEMYSCHOOL
MENARDS
ROOSEVELTPARK
152477th St E
160077th St E 152477th St E
76337629
1550
1600
1620 1640
7636
7625
1401
7627
7633
7639 7638
7632
7626 7627
7633
7639 7638
7632
76267627
7633
7639 7638
7632
7626 7627
7633
7639 7638
7632
7626
1200
1300
7700
7627
7633
7639 7638
7632
7626 7627
7633
7639 7638
7632
7626 7627
7633
7639 7638
7632
7626
901 1001
7700
7744 13 - 2021 - 3233 - 40 1 - 127640
900 1000
1306
1312
1318
1324 7764 774077167635
7627
77TH ST E
78TH ST E
INTERSTATE HW Y NO 494
WASHINGTONPARK
B l o o m i n g t o nE d i n aM i n n e a p o l i s
M S PGVWX35GVWX31
GVWX53
GVWX32
GVWX53 GVWX53 GVWX53
GVWX32 GVWX52
GVWX52 GVWX35
GVWX35
§¨¦35W §¨¦35W
§¨¦494
§¨¦35W
§¨¦494
?A@62
?A@77
?A@62 ?A@62
?A@77
AGENDA SECTION:PUBLIC HEARINGS
AGENDA ITEM #6.
STAFF RE P ORT NO. 178
CIT Y COUNCIL ME E T ING
10/9/2018
RE P O RT P RE PA RE D B Y: C hris L ink, Operations S uperintendent
D E PA RTME NT D IRE C TO R RE V IE W: K ristin A sher, P ublic Works D irector
10/2/2018
O THE R D E PA RTM E NT RE V IE W: N/A
C ITY MA NA G E R RE V IE W: S teven L . D evich, C ity Manager
10/3/2018
I T E M F O R C O UNC IL C O NS ID E RAT I O N:
Public hearing and consideration of the adoption of resolutions regarding the annual
Lyndale/H U B/Nicollet (LH N) Maintenance District assessment and proposed work for 2019.
E X E C UT IV E S UM M ARY:
The Lyndale/HUB/Nicollet (L HN) maintenance assessment was established to recover special maintenance
expenses in the L HN area in 1981. The current services include:
Maintenance and operation of irrigation
Weed control
Mowing
Trash and litter removal
Maintenance of street lighting system
The LHN Redevelopment Area is approximately bounded by 64th Street, First Avenue, 67th Street, and
Emerson Avenue (map attached).
RE C O M M E ND E D AC T I O N:
Conduct and close the public hearing and by motion:
1. Adopt a resolution adopting the assessment on the Lyndale/H U B/Nicolle t (LHN) district
for costs incurred to maintain the are a for 2017.
2. Adopt a resolution ordering the undertaking of the current service project within the
Lyndale/H U B/Nicollet (LH N) district for 2019.
B AS IS O F RE C O M M E ND AT I O N:
A.H IS TOR IC AL C ON T E X T
City staff has determined actual costs of current services to be assessed for the 2017
maintenance of this area to be $24,107.92, and the estimated cost for 2019 maintenance to be
$50,000.
Fluctuations in expenditures for maintenance of LHN are caused by a number of factors:
Changes in water use and irrigation costs;
Concrete repair variations; and
Demand of aging infrastructure updates.
B.P OL IC IE S (resolutions, ordinances, regulations, statutes, etc):
Section 825 of the City Code indicates “current services” mean one or more of the following:
(a) snow, ice, or rubbish removal from sidewalks;
(b) weed elimination from streets or private property;
(c) removal or elimination of public health or safety hazards from private property, excluding
any structure included under the provisions of Minnesota Statutes, sections 463.15 to
463.26;
(d) installation or repair of water service lines;
(e) street sprinkling, sweeping, or other dust treatment of streets;
(f) the trimming and care of trees and the removal of unsound trees from any street;
(g) the treatment and removal of insect-infested or diseased trees on private property;
(h) the repair of sidewalks and alleys;
(i) the operation of a street lighting system;
(j) the maintenance of landscaped areas, decorative parks and other public amenities on or
adjacent to street right-of-way; and,
(k) snow removal and other maintenance of streets in commercial redevelopment areas.
Council ordered the work and the work was done for 2017.
Commercial property owners will be assessed on a per-square-foot basis.
The proposed assessment was properly filed with the City Clerk.
Notice of assessment and the public hearing was mailed to all property owners on the assessment
roll on September 13, 2018.
Notice of the public hearing was published in the official newspaper on September 20, 2018.
C.C R IT IC AL T IMIN G IS S U E S:
Each year the City shall list the total unpaid charges for current services against each separate lot
or parcel to which they are attributable under Section 825 of the City Code. This list is available at
the offices of the City Clerk, Assessing, and Public W orks.
The list is submitted to the County Auditor and due to Hennepin County by November 30, 2018.
D.F IN AN C IAL IMPAC T:
All costs to the City will be recovered through this assessment.
Estimated and actual costs for the LHN maintenance services from 2003-2017 are:
Year Estimated Actual
2003 $50,000 $37,785.67
2004 $50,000 $44,031.39
2005 $50,000 $45,385.31
2006 $50,000 $45,648.56
2007 $50,000 $51,605.29
2008 $50,000 $49,999.99
2009 $50,000 $49,747.02
2010 $50,000 $32,459.40
2011 $50,000 $39,090.87
2012 $50,000 $32,244.51
2013 $50,000 $25,522.16
2014 $50,000 $29,415.52
2015 $50,000 $27,321.07
2016 $50,000 $26,025.24
2017 $50,000 $24,107.92
E.L E GAL C ON S ID E R AT ION:
The City Attorney has reviewed the resolutions and will be available to answer questions.
ALTE R N AT IV E R E C O MME N D ATIO N(S):
Council may make any changes to the assessment roll, as deemed necessary, after the public hearing.
P R IN C IPAL PAR TIE S E X P E C TE D AT ME E TIN G:
Property owners on the assessment roll.
AT TAC H ME N T S:
D escription Type
L HN A ssessment Resolution 2017 Resolution L etter
L HN A ssessment Resolution 2019 Resolution L etter
L HN A ssessment Roll B ackup Material
L HN A ssessment D istrict B ackup Material
RESOLUTION NO.
RESOLUTION ADOPTING ASSESSMENT FOR THE
LYNDALE/HUB/NICOLLET (LHN) MAINTENANCE FOR
THE PERIOD JANUARY 1, 2017 TO DECEMBER 31, 2017
WHEREAS, pursuant to proper notice duly given as required by law, the Council
has met and passed upon all objections to the proposed assessment for current
services related to maintenance of the Lyndale/Hub/Nicollet (LHN) Redevelopment
Area, which is approximately bounded by 64th Street, First Avenue, 67th Street, and
Emerson Avenue in the City of Richfield.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of
Richfield, Minnesota as follows:
1. Such proposed assessment roll, in the total amount of $24,107.92 is hereby
accepted and shall constitute the special assessment against the lands named
therein, and each tract of land therein included is hereby found to be benefited by
the proposed current services in the amount of assessment levied against it.
2. Such assessment shall be payable before or during 2019 and shall bear interest at
the rate of five percent (5%) from the date of adoption of this assessment resolution.
3. The owner of any property so assessed may, at any time prior to certification of the
assessment to the County Auditor, pay the whole of the assessment on such
property with interest accrued to the date of payment, to the City’s Finance Division,
except that no interest shall be charged if the entire assessment is paid before
November 8, 2018. A property owner may, at any time prior to November 15 pay to
the City’s Finance Division the entire amount of the assessment remaining unpaid,
with interest accrued to December 31 of the year in which payment is made.
4. The City Clerk shall forthwith transmit a certified duplicate of this assessment roll to
the County Auditor to be extended on the proper tax lists of the County and such
assessment shall be collected and paid over in the same manner as other municipal
taxes.
Passed by the City Council of the City of Richfield, Minnesota, this 9th day of
October, 2018.
________________________________
Pat Elliott, Mayor
ATTEST:
___________________________
Elizabeth VanHoose, City Clerk
RESOLUTION NO.
RESOLUTION ORDERING UNDERTAKING OF CURRENT
SERVICE PROJECT LYNDALE/HUB/NICOLLET (LHN)
MAINTENANCE FOR THE PERIOD JANUARY 1, 2019 TO
DECEMBER 31, 2019
WHEREAS, pursuant to ordinance, the City Council of the City of Richfield did
establish a special assessment district and did propose that certain services be
undertaken by the City in the Lyndale/HUB/Nicollet Redevelopment Area approximately
bounded by 64th Street, First Avenue, 67th Street and Emerson Avenue and that the
cost of such services be specially assessed against benefited property; and
WHEREAS, the City Council of the City of Richfield did also by such resolution
set the date of public hearing on the undertaking of such current service project and the
levying of special assessment to bear the cost thereof; and
WHEREAS, following due notice, such public hearing was held on October 9,
2018, at which time all interested parties desiring to be heard were given an opportunity
to be heard.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of
Richfield, Minnesota, as follows:
1. That the following examples of current services of the City shall be undertaken by
the City within the LHN Redevelopment Project Area, which area constitutes the
special assessment district with the exception of single family, two family and
multifamily residential properties, with the cost of such services to be specially
assessed against the benefited property within the district:
a. Snow, ice or rubbish removal;
b. Weed elimination;
c. Elimination or removal of public health or safety hazards from private
property, excluding any structure included under the provisions of Minnesota
Statutes Section 463.15 to 463.26;
d. Installation and repair of water service lines;
e. Street sprinkling or other dust treatment of streets;
f. The treatment and removal of insect-infested or diseased trees on private
property;
g. Trimming and care of trees and the removal of unsound trees;
h. Repair of sidewalks, crosswalks and other pedestrian walkways;
i. Operation of the street lighting system;
j. Maintenance of landscaped areas and other public amenities on or adjacent
to street right-of-way; and
k. Snow removal and other maintenance of streets.
2. The work to be performed may be by day labor, by City force, by contract, or by any
combination thereof.
3. The designated period of the project shall be from January 1, 2019, through
December 31, 2019. Costs of the project shall be collected in the manner provided in
the Richfield Ordinance Code.
Passed by the City Council of the City of Richfield, Minnesota, this 9th day of
October, 2018.
________________________________
Pat Elliott, Mayor
ATTEST:
___________________________
Elizabeth VanHoose, City Clerk
2018 LHN Assessment
BLDG_
NUM STREETNAME PID ASSESSMENT
16 66TH ST E 2702824130115 $30.08
42 ADDRESS UNASSIGNED 2802824140371 $71.45
42 ADDRESS UNASSIGNED 2702824230115 $165.46
42 ADDRESS UNASSIGNED 2702824320132 $78.97
42 ADDRESS PENDING 2802824110090 $575.34
42 ADDRESS UNASSIGNED 2702824320133 $221.86
42 ADDRESS UNASSIGNED 2702824320134 $161.70
42 ADDRESS UNASSIGNED 2802824140370 $236.91
42 ADDRESS PENDING 2802824110089 $910.02
100 66TH ST W 2702824240064 $1,278.54
199 65TH ST W 2702824240061 $4,944.92
220 66TH ST W 2702824240063 $221.86
300 66TH ST W 2702824230082 $1,071.71
407 66TH ST W 2702824320138 $157.94
700 66TH ST W 2702824230106 $18.80
704 66TH ST W 2702824230107 $1,568.09
800 66TH ST W 2802824140010 $447.48
826 66TH ST W 2802824410039 $248.19
6401 NICOLLET AVE S 2702824130052 $116.57
6410 NICOLLET AVE S 2702824240040 $90.25
6412 NICOLLET AVE S 2702824240065 $233.14
6420 LYNDALE AVE S 2702824230114 $737.04
6425 NICOLLET AVE S 2702824130053 $255.71
6436 LYNDALE AVE S 2702824230084 $71.45
6438 LYNDALE AVE S 2702824230085 $52.65
6439 LYNDALE AVE S 2702824230074 $432.45
6440 LYNDALE AVE S 2702824230086 $105.29
6440 NICOLLET AVE S 2702824240057 $127.85
6444 LYNDALE AVE S 2702824230088 $199.30
6444 LYNDALE AVE S 2702824230087 $188.02
6445 NICOLLET AVE S 2702824130001 $345.96
6467 LYNDALE AVE S 2702824230010 $266.99
6500 LYNDALE AVE S 2702824230090 $236.91
6500 NICOLLET AVE S 2702824240060 $673.11
6501 WOODLAKE DR 2702824230105 $75.21
6501 NICOLLET AVE S 2702824130116 $1,218.37
6501 LYNDALE AVE S 2702824230111 $1,210.85
6525 LYNDALE AVE S 2702824230112 $571.58
6545 LYNDALE AVE S 2702824230113 $458.77
6601 LYNDALE AVE S 2702824320137 $1,289.81
6601 NICOLLET AVE S 2702824420078 $631.74
6640 LYNDALE AVE S 2702824320452 $1,538.00
6645 LYNDALE AVE S 2702824320127 $439.97
6701 LYNDALE AVE S 2702824320126 $131.61
$24,107.92
Page 1 of 1
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ake Dr
Lake Shore Dr
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BOB PL
67TH ST W
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6 5 TH S T WHARRIET AVE SGARFIELD AVE64TH ST W
65TH ST W
(CO RD NO 52)Ri chfield Lake
ACADEMY OFHOLY ANGELS
BLESSED TRINITYCATHOLICSCHOOL
WOOD LAKENATURE CENTER
THE HUB
LITTLEBOB'SPARK
NICOLLETPARKGARFIELDPARK
6348
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65096507650565036501
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102010166420
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9149109069006320
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6732670067016705
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67006701
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67306729
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633863366334
6551
6600
100
220
199 66th St W
6500
6440
6401
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6415
6421
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64146420
6410
64006401
6409
6415
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6400
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6444644064386436
300
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65216439800
840
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6408
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6420
4154094016401
6409
6415
6421 6420
6414
6408
6400 6401
6411
6417
6423
6431
6439 6438
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301
400 312 300
6345 6086106006025205225145085004184204104124004023163183083006233
6237 6236
6226 6229
6237 6236
6228 6229
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6301
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62446246
6307
6402
6221 Nicollet Ave S
921
6710 L.S. DR
6715L.S. DR
Lyndale-Hub-Nicollet (LHN)Assessment DistrictRichfield, Minnesota
The City of Richfield makes no representation or warranties, expressor implied, with respect to the reuse of the data provided herewith,regardless of its format or the means of its transmission. There is noguarantee or representation to the user as to the accuracy, currency,suitability, or reliability of this data for any purpose. The user acceptsthe data “as is”, and assumes all risks associated with its use.
Assessment Districts
2018 Assessed Parcels
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AGENDA SECTION:PUBLIC HEARINGS
AGENDA ITEM #7.
STAFF RE P ORT NO. 179
CIT Y COUNCIL ME E T ING
10/9/2018
RE P O RT P RE PA RE D B Y: C hris L ink, Operations S uperintendent
D E PA RTME NT D IRE C TO R RE V IE W: K ristin A sher, P ublic Works D irector
10/2/2018
O THE R D E PA RTM E NT RE V IE W: N/A
C ITY MA NA G E R RE V IE W: S teven L . D evich, C ity Manager
10/3/2018
I T E M F O R C O UNC IL C O NS ID E RAT I O N:
Public hearing and consideration of the adoption of a resolution adopting the assessment for removal
of diseased trees from private property for work ordered from January 1, 2017, through December 31,
2017.
E X E C UT IV E S UM M ARY:
The health of trees within municipal limits is threatened by shade tree diseases and it is the City’s
responsibility to control and prevent the spread of these diseases.
I f the City deems it necessary to remove a diseased tree on private property, the property owners have three
options available:
1. Remove the tree themselves;
2. Hire and pay for their own contractor; or
3. Hire their own contractor and request the cost of the tree removal be assessed against their property
tax.
I n the period from J anuary 1, 2017, through December 31, 2017, eleven (11) property owners chose the third
option. The total amount to be assessed is $36,144.71.
RE C O M M E ND E D AC T I O N:
Conduct and close the public hearing and by motion: Adopt a resolution adopting the assessment for
removal of diseased trees from private property for work ordered from January 1, 2017, through
December 31, 2017.
B AS IS O F RE C O M M E ND AT I O N:
A.H IS TOR IC AL C ON T E X T
I n the early 1970’s, the City of Richfield began a shade tree disease program to assist homeowners in
the removal of diseased trees on private property. The following process is how the City ensures
property owners are aware of their diseased tree(s).
Notification to Property Owners
At time of marking for removal, paperwork is left at the property which includes:
Removal deadline;
Reason the tree was marked for removal;
Assessment information;
I nformation regarding private contractors;
A card postmarked to the City informing the City of owner's removal plans; and
City staff contacts for more information.
I f the tree becomes hazardous or is past the removal deadline the City sends an additional deadline letter
to the property owner. T he letter is sent to the last known owner as obtained from Hennepin
County Property Records and verified by our utility billing records.
Occupied Properties
On confirmed occupied properties, property owners with diseased private trees have three options
available for tree removal:
1. Remove the tree themselves;
2. Hire and pay their own contractor; or
3. Hire their own contractor and request the cost of the tree removal be assessed against
their property tax.
Vacant Properties
I n cases where the property is vacant and no owner can be found, removals must be ordered when trees
have passed the removal deadline or become hazardous. A contractor then performs the removal and the
cost is assessed to the property.
B.P OL IC IE S (resolutions, ordinances, regulations, statutes, etc):
The work has been completed with prior approval from the affected residents; except in cases of
vacant properties.
Minnesota State Statute requires the County be notified of all special assessments.
The proposed assessment was properly filed with the City Clerk.
Notices of the assessment hearing were mailed to the owner of each parcel described in the
assessment roll on September 13, 2018.
The public hearing notice was published in the official newspaper on September 20, 2018.
C.C R IT IC AL T IMIN G IS S U E S:
The unpaid charges for the removal of the diseased trees must be special assessed for
certification to the County Auditor along with current taxes as stated in City Code 910.23.
The assessment role is submitted to the County Auditor and must be reported to Hennepin County
by November 30, 2018.
D.F IN AN C IAL IMPAC T:
The costs to be assessed for the removal of diseased trees on private property for work ordered
during the period J anuary 1, 2017, through December 31, 2017, have been determined to be
$36,144.71.
The property owner may pay the original principal amount without interest within 30 days from the
date the Council adopts the assessment. The unpaid balance will be spread over five (5) years
with a five percent (5%) interest rate.
The original source of funding to have the work done is through the City’s Permanent
I mprovement Revolving Fund.
E.L E GAL C ON S ID E R AT ION:
The City Attorney has reviewed the resolution and will be available to answer any questions.
ALTE R N AT IV E R E C O MME N D ATIO N(S):
Council may revise the special assessment roll, as deemed necessary, following the public hearing.
P R IN C IPAL PAR TIE S E X P E C TE D AT ME E TIN G:
Property owners on the assessment roll.
AT TAC H ME N T S:
D escription Type
Resolution Resolution L etter
RESOLUTION NO.
RESOLUTION ADOPTING ASSESSMENT FOR THE REMOVAL OF DISEASED
TREES FROM PRIVATE PROPERTY FOR WORK ORDERED DURING JANUARY 1,
2017 THROUGH DECEMBER 31, 2017
WHEREAS, costs have been determined for the removal of diseased trees from
private properties in the City of Richfield and the expenses incurred or to be incurred for
such work ordered during the period of January 1, 2017 through December 31, 2017
amount to $36,144.71.
WHEREAS, pursuant to proper notice duly given as required by law, the council
has met and passed upon all objections to the proposed assessment for current
services related to the removal of diseased trees from private properties in the City of
Richfield and the expenses incurred or to be incurred for such work ordered during the
period of January 1, 2017 through December 31, 2017. The costs to the properties are
as follows:
Address
Address PID Amount
809 E 70th St 3502824210003 $2,681.88
2312 W 70th St 3202824110011 $3,647.35
6221 5th Ave 2702824110027 $3,900.00
6520 15th Ave 2602824130080 $7,200.00
7214 13th Ave 3502824130114 $858.20
7236 1st Ave 3402824130062 $4,183.73
7300 12th Ave 3502824240017 $804.56
7308 Columbus Ave 3502824230026 $4,877.00
7321 Knox Ave 3302824240051 $4,559.19
7333 Upton Ave 3202824130048 $1,555.49
7401 Wentworth 3402824310032 $1,877.31
TOTAL $36,144.71
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of
Richfield, Minnesota:
1. Such proposed assessment roll, in the amount of $36,144.71, is hereby accepted
and shall constitute the special assessment against the lands named herein, and
each tract of land therein included is hereby found to be benefited by the proposed
current services in the amount of the assessment levied against it.
2. Such assessment shall be payable in no more than one annual installment and shall
bear interest at the rate of five (5%) percent from the date of adoption of this
assessment resolution.
3. The owner of any property so assessed may, at any time prior to certification of the
assessment to the County Auditor, pay the whole of the assessment on such
property with interest accrued to the date of payment, to the City’s Assessing
Division, except that no interest shall be charged if the entire assessment is paid by
November 8, 2018. A property owner may, at any time prior to November 15, pay to
the City’s Assessing Division the entire amount of the assessment remaining unpaid,
with interest accrued to December 31 of the year in which such payment is made.
4. The City Clerk shall forthwith transmit a certified duplicate of this assessment roll to
the County Auditor to be extended on the property tax lists of the County and such
assessments shall be collected and paid over in the same manner as other
municipal taxes.
Adopted by the City Council of the City of Richfield, Minnesota this 9th day of October,
2018.
______________________________
Pat Elliott, Mayor
ATTEST:
_____________________________
Elizabeth VanHoose, City Clerk
AGENDA SECTION:PUBLIC HEARINGS
AGENDA ITEM #8.
STAFF RE P ORT NO. 180
CIT Y COUNCIL ME E T ING
10/9/2018
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 RTME NT D IRE C TO R RE V IE W: John S tark, C ommunity D evelopment D irector
10/3/2018
O THE R D E PA RTM E NT RE V IE W: N/A
C ITY MA NA G E R RE V IE W: S teven L . D evich, C ity Manager
10/3/2018
I T E M F O R C O UNC IL C O NS ID E RAT I O N:
Public hearing and consideration of the approval of a second reading of a Transitory Ordinance
vacating 64th Street right-of-way between 16th Avenue and Richfield Parkway.
E X E C UT IV E S UM M ARY:
I n conjunction with site plan approvals related to the Cedar Point I I development, NHH Properties, LLC (the
"Developer") is requesting to vacate a portion of 64th Street between 16th Avenue and Richfield Parkway. The
eastern half of this section of road was removed when Richfield Parkway was constructed, the western half is
currently a dead end. The proposed multi-family project will remove any need for this roadway and all utilities
within and above the right-of-way will be relocated as part of the project.
RE C O M M E ND E D AC T I O N:
Conduct and close the public hearing and by motion: Approve the Transitory Ordinance vacating 64th
Street right-of-way between 16th Avenue and Richfield Parkway.
B AS IS O F RE C O M M E ND AT I O N:
A.H IS TOR IC AL C ON T E X T
64th Street currently provides access to a garage at 6401 16th Avenue. This property is owned
by the Housing and Redevelopment Authority (HRA), currently vacant, and proposed to be sold to
the Developer.
B.P OL IC IE S (resolutions, ordinances, regulations, statutes, etc):
The Council may by ordinance vacate a street, alley, public grounds, or a part thereof, on its own
motion or upon the petition of the owners half of the land abutting the street, alley, public grounds,
or part thereof to be vacated.
On J uly 16, 2018, the HRA approved submittal of a petition requesting the vacation of 64th Street
in the area of the proposed development.
No vacation may be made unless it appears in the interest of the public to do so.
The Developer will be responsible for the relocation of all utilities within and above the existing
right-of-way. All new utilities must be underground.
C.C R IT IC AL T IMIN G IS S U E S:
60-D AY RUL E: The 60-day clock started when a complete application (including a legal description of
the area to be vacated) was received on September 13, 2018. The Council must render a decision or
extend this deadline (up to an additional 60 days) by November 12, 2018.
D.F IN AN C IAL IMPAC T:
None
E.L E GAL C ON S ID E R AT ION:
Notice of the public hearing was published in the Sun Current newspaper, as required.
ALTE R N AT IV E R E C O MME N D ATIO N(S):
Deny the vacation, finding that it would not be in the public interest.
P R IN C IPAL PAR TIE S E X P E C TE D AT ME E TIN G:
Representative(s) of NHH Properties, L L C
AT TAC H ME N T S:
D escription Type
Ordinance Ordinance
P roposed Vacation A rea E xhibit
BILL NO.
TRANSITORY ORDINANCE NO. _______
AN ORDINANCE VACATING PUBLIC RIGHT-OF-WAY EASEMENTS
(64TH STREET BETWEEN 16TH AVENUE AND RICHFIELD PARKWAY)
THE CITY OF RICHFIELD DOES ORDAIN:
Section 1: The following described lands are subject to the easements as
described below for public street right-of-way purposes (“Street Easement”):
That part of East 64th Street as dedicated on the plat of, IVERSON’S SECOND
ADDITION, Hennepin County, Minnesota which lies easterly of the southerly extension
of the westerly line of Block 1 said IVERSON’S SECOND ADDITION; and which lies
westerly of the southerly extension of the easterly line of said Block 1.
Sec. 2: The City Council approved redevelopment plans for the properties
surrounding the “Street Easement” on September 25, 2018.
Sec. 3. The Street Easement is not required for access to the abutting properties.
Sec. 4: The following public facilities are located in the Street Easement: storm
sewer.
Sec. 5: The City has notified the service providers for gas, electric, telephone,
and cable communications services of the proposed vacation; the following facilities are
reported to be located in the Street Easement: telephone and cable.
Sec. 6: The Council finds that there is not a public need for the Street Easement.
Sec. 7. The City of Richfield held the first reading on September 25, 2018 and
second reading on October 9, 2018. Legal notice was published in the City’s official
newspaper as required by ordinance.
Sec. 8: The Street Easement is vacated conditioned upon the dedication of
drainage and utility easements in the plat.
Sec. 9: The vacation of the Street Easement is effective 30 days following
publication of the ordinance.
Sec. 10: The City Clerk is directed to prepare a certificate of completion of
vacation proceedings and to record the vacation in the office of the Hennepin County
Registrar of Titles or Hennepin County Recorder, as appropriate.
Passed by the City Council of the City of Richfield, Minnesota this 9th day of
October, 2018.
__________________________________
Pat Elliott, Mayor
ATTEST:
________________________________
Elizabeth VanHoose, City Clerk
AGENDA SECTION:PUBLIC HEARINGS
AGENDA ITEM #9.
STAFF RE P ORT NO. 181
CIT Y COUNCIL ME E T ING
10/9/2018
RE P O RT P RE PA RE D B Y: C hris Regis, F inance D irector
D E PA RTME NT D IRE C TO R RE V IE W: C hris Regis, F inance D irector
10/2/2018
O THE R D E PA RTM E NT RE V IE W: N/A
C ITY MA NA G E R RE V IE W: S teven L . D evich, C ity Manager
10/3/2018
I T E M F O R C O UNC IL C O NS ID E RAT I O N:
Public hearing and consideration of the adoption of a resolution adopting the assessment for unpaid
false alarm user fees against private property.
E X E C UT IV E S UM M ARY:
Richfield City Code and City Charter allow the City to specially assess delinquent false alarm user fees
against the respective properties. State Statutes provide that the City may levy a special one year assessment
for these costs.
Unpaid alarm user fees must be paid to the City within 30 days from the date of written notice by the City to
the alarm user. Fees not paid within the time specified will be subject to a 10% penalty charge.
The special assessment for unpaid false alarm user fees assessed to private properties provides a means for
the City to recover costs incurred with the response by public safety to an alarm call on certain properties in
the City that turns out to be false.
RE C O M M E ND E D AC T I O N:
Conduct and close the public hearing and by motion: Adopt a resolution adopting the assessment for
unpaid false alarm user fees against private property.
B AS IS O F RE C O M M E ND AT I O N:
A.H IS TOR IC AL C ON T E X T
N/A
B.P OL IC IE S (resolutions, ordinances, regulations, statutes, etc):
Richfield City Code section 915.07 Subd. 3 and chapter 8.02 of the City Charter allows the City
to specially assess delinquent false alarm user fees against the respective properties.
Minnesota State Statutes provide that the City may levy a special one-year assessment for these
costs.
Notice of the certification was published in the Sun Current on September 20, 2018.
C.C R IT IC AL T IMIN G IS S U E S:
N/A
D.F IN AN C IAL IMPAC T:
A 10% penalty charge is applied to all properties which have not paid within the time specified.
The proposed special assessment for unpaid false alarm user fees from private property is
$880.00 with an additional 5% interest charge on the assessment.
The affected property owner may prepay the original principal amount without interest within 30
days from the date the Council adopts the assessment. I f the original principal amount is not paid,
the assessment will be charged 5% interest.
E.L E GAL C ON S ID E R AT ION:
No legal issues are apparent at this time. The City Attorney will be in attendance at the Council
meeting should a legal question arise.
ALTE R N AT IV E R E C O MME N D ATIO N(S):
Do not approve the resolution and have the costs absorbed by the City.
P R IN C IPAL PAR TIE S E X P E C TE D AT ME E TIN G:
None
AT TAC H ME N T S:
D escription Type
Resolution Resolution L etter
RESOLUTION NO.
RESOLUTION ADOPTING ASSESSMENT FOR
UNPAID FALSE ALARM FEES FROM PRIVATE PROPERTY.
WHEREAS, pursuant to proper notice duly given as required by law, the City
Council has met and passed upon all objections to the proposed assessment for unpaid
false alarm fees from private property in the City of Richfield:
Unpaid
False
Property Address Property ID Number Alarm Fee
1732 66th Street E 26-028-24-14-0130 110.00
700 78th Stre W 33-028-24-44-0234 220.00
7200 17th Ave S 35-028-24-14-0018 330.00
740 78th Street W 33-028-24-44-0232 110.00
7529 18th Ave S 35-028-24-41-0061 110.00
Total $880.00
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield,
Minnesota:
1. Such proposed assessment roll, in the amount of $880.00, is hereby accepted and
shall constitute the special assessment against the lands named herein, and each tract
of land therein included is hereby found to be benefited by the proposed current
services in the amount of the assessment levied against it.
2. Such assessment shall be payable in no more than one annual installment and shall
bear interest at the rate of five (5%) percent from the date of adoption of this
assessment resolution.
3. The owner of any property so assessed may at any time prior to certification of the
assessment to the County Auditor and within 30 days of the date the City Council
adopts the assessment, pay the whole assessment on such property to the City’s
Assessing Division without interest. Payments received after the expiration of the 30
day prepayment period, but received prior to November 15, 2018 will be charged
interest through the date of payment. Payments will not be accepted between
November 15, 2018 and January 1, 2019.
4. The City Clerk shall forthwith transmit a certified duplicate of this assessment roll to the
County Auditor to be extended on the property tax lists of the County and such
assessments shall be collected and paid over in the same manner as other municipal
taxes.
Adopted by the City Council of the City of Richfield this 9th day of October, 2018.
______________________________
Pat Elliott, Mayor
ATTEST:
_________________________________
Elizabeth VanHoose, City Clerk
AGENDA SECTION:PUBLIC HEARINGS
AGENDA ITEM #10.
STAFF RE P ORT NO. 182
CIT Y COUNCIL ME E T ING
10/9/2018
RE P O RT P RE PA RE D B Y: C hris Regis, F inance D irector
D E PA RTME NT D IRE C TO R RE V IE W: C hris Regis, F inance D irector
10/2/2018
O THE R D E PA RTM E NT RE V IE W: N/A
C ITY MA NA G E R RE V IE W: S teven L . D evich, C ity Manager
10/3/2018
I T E M F O R C O UNC IL C O NS ID E RAT I O N:
Public hearing and consideration of the adoption of a resolution adopting the assessment for weed
elimination from private property and removal or elimination of public health or safety hazards from
private property.
E X E C UT IV E S UM M ARY:
Minnesota State Statutes provide that the City may levy a special one year assessment for the elimination of
public health or safety hazards or the elimination of weeds from private properties. T he special
assessments are based on costs incurred by the City in connection with the abatement of weeds or
public health or safety hazards on certain properties in the city, which are not properly
maintained. T he owners of the subject properties are notified by the City to take corrective action
with regard to the issue with the property. If the specific property issues were not abated within the
proper time limit the City would take the corrective action necessary and bill the property owner.
I n all cases, property owners have be notified that any unpaid charges or fees may be assessed against the
property.
RE C O M M E ND E D AC T I O N:
Conduct and close the public hearing and by motion: Adopt a resolution adopting the assessment for
weed elimination from private property and removal or elimination of public health or safety hazards
from private property.
B AS IS O F RE C O M M E ND AT I O N:
A.H IS TOR IC AL C ON T E X T
N/A
B.P OL IC IE S (resolutions, ordinances, regulations, statutes, etc):
The nuisance properties were not maintained by the owners and the City incurred costs to abate
the nuisance.
Minnesota State Statutes provide that the City may levy a special one-year assessment for these
costs.
Notice of the certification was published in the Sun Current on September 20, 2018.
C.C R IT IC AL T IMIN G IS S U E S:
N/A
D.F IN AN C IAL IMPAC T:
The proposed special assessment for the elimination of public health or safety hazards from
private property is $10,734.67 with an additional 5% interest penalty.
The proposed special assessment for weed elimination from private property is $1,500.00 with an
additional 5% interest penalty.
Costs incurred for city staff time in the cleanup of the properties or to remove the weeds are
included in the special assessment amount.
A $25.00 administrative fee is charged to all properties.
The affected property owner may prepay the original principal amount without interest within 30
days from the date the Council adopts the assessment. I f the original principal amount is not paid,
the assessment will be charged 5% interest.
E.L E GAL C ON S ID E R AT ION:
No legal issues are apparent at this time. The City Attorney will be in attendance at the Council
meeting should a legal question arise.
ALTE R N AT IV E R E C O MME N D ATIO N(S):
Do not approve the resolution and have the costs absorbed by the City.
P R IN C IPAL PAR TIE S E X P E C TE D AT ME E TIN G:
None
AT TAC H ME N T S:
D escription Type
Resolution Resolution L etter
RESOLUTION NO.
RESOLUTION ADOPTING ASSESSMENT FOR
WEED ELIMINATION FROM PRIVATE PROPERTY AND REMOVAL OR
ELIMINATION OF PUBLIC HEALTH OR SAFETY HAZARDS FROM PRIVATE
PROPERTY.
WHEREAS, pursuant to proper notice duly given as required by law, the City
Council has met and passed upon all objections to the proposed assessment for current
services related to weed elimination from private property and removal or elimination of
public health or safety hazards from private property in the City of Richfield:
Public
Health or
Weed Safety
Property Address Property ID Number Elimination Hazards
1820 66th Street W 28-028-24-24-0089 125.00 -
2601 66th Street W 29-028-24-41-0049 - 110.00
6319 Humboldt Ave 28-028-24-12-0055 125.00 -
6600 4th Ave S 27-028-24-41-0044 250.00 572.20
6633 Elliot Ave 26-028-24-31-0040 125.00 -
6735 Portland Ave S 26-028-24-32-0134 125.00 -
6821 Xerxes Ave 29-028-24-43-0091 250.00 -
6944 Pleasant Ave S 27-028-24-33-0027 - 9,535.06
7026 17th Ave S 35-028-24-11-0049 125.00 -
7028 Oakland Ave S 35-028-24-22-0092 125.00 -
7115 18th Ave S 35-028-24-11-0017 - 517.41
7438 Clinton Ave S 34-028-24-41-0081 125.00 -
7525 Emerson Ave 33-028-24-42-0135 125.00 -
Total $1,500.00 $10,734.67
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Richfield, Minnesota:
1. Such proposed assessment roll, in the amount of $12,234.67, is hereby accepted
and shall constitute the special assessment against the lands named herein, and
each tract of land therein included is hereby found to be benefited by the proposed
current services in the amount of the assessment levied against it.
2. Such assessment shall be payable in no more than one annual installment and shall
bear interest at the rate of five (5%) percent from the date of adoption of this
assessment resolution.
3. The owner of any property so assessed may at any time prior to certification of the
assessment to the County Auditor and within 30 days of the date the City Council
adopts the assessment, pay the whole assessment on such property to the City’s
Assessing Division without interest. Payments received after the expiration of the 30
day prepayment period, but received prior to November 15, 2018 will be charged
interest through the date of payment. Payments will not be accepted between
November 15, 2018 and January 1, 2019.
4. The City Clerk shall forthwith transmit a certified duplicate of this assessment roll to
the County Auditor to be extended on the property tax lists of the County and such
assessments shall be collected and paid over in the same manner as other
municipal taxes.
Adopted by the City Council of the City of Richfield this 9th day of October, 2018.
______________________________
Pat Elliott, Mayor
ATTEST:
_________________________________
Elizabeth VanHoose, City Clerk
AGENDA SECTION:PUBLIC HEARINGS
AGENDA ITEM #11.
STAFF RE P ORT NO. 183
CIT Y COUNCIL ME E T ING
10/9/2018
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 RTME NT D IRE C TO R RE V IE W: John S tark, C ommunity D evelopment D irector
10/3/2018
O THE R D E PA RTM E NT RE V IE W: N/A
C ITY MA NA G E R RE V IE W: S teven L . D evich, C ity Manager
10/3/2018
I T E M F O R C O UNC IL C O NS ID E RAT I O N:
Cancel the public hearing and consideration of a resolution for a preliminary plat of the "Cedar Point
II" Addition.
E X E C UT IV E S UM M ARY:
I n conjunction with an application for a Planned Unit Development (Cedar Point I I ), NHH Properties, LLC
(the "Applicant") will be re-platting the site. The plat will combine up to 29 parcels and vacated right-of-way to
allow for construction of a multi-family apartment and townhome project along the 6300 and 6400 blocks of
16th Avenue and Richfield Parkway. Negotiations with one of the two remaining private owners remain
underway. I f negotiations are successful, the Applicant will be able to include this property in the preliminary
plat and reduce additional work and permitting complications. For this reason, the Applicant has requested
that consideration be delayed. This item will be rescheduled for the near future, but a definitive date is
unknown at this time. A preliminary plat is required prior to the issuance of building permits.
RE C O M M E ND E D AC T I O N:
By motion: Cancel the public hearing to consider a resolution for a preliminary plat of the "Cedar Point
II" Addition.
B AS IS O F RE C O M M E ND AT I O N:
A.H IS TOR IC AL C ON T E X T
The development area is comprised of 29 individual parcels and 64th Street right-of-way between
16th Avenue and Richfield Parkway.
The Housing and Redevelopment Authority (HRA) currently owns 18 of the 29 parcels, and upon
approval of a Contract for Private Development, will sell these parcels to the Applicant.
Of the 11 privately-owned parcels, the Applicant has either purchased or has an agreement to
purchase 9 of the homes, and is currently negotiating with 1 additional owner.
B.P OL IC IE S (resolutions, ordinances, regulations, statutes, etc):
All plats or subdivisions of land in the City must be approved by council resolution pursuant to the
provisions of Minnesota State Statutes 462.357.
C.C R IT IC AL T IMIN G IS S U E S:
Per State Statute, the City has 120 days from the date of submittal of a complete application to
issue a decision regarding plat unless the applicant agrees to an extension.
A complete application was received on August 20, 2018. The Council must render a decision by
December 18, 2018.
A public hearing regarding vacation of the 64th street right-of-way is scheduled for October 9,
2018. Vacation of this right-of-way is conditioned upon approval of a final plat and will not be
effective until a final plat has been approved by the Council and filed with the County.
D.F IN AN C IAL IMPAC T:
None
E.L E GAL C ON S ID E R AT ION:
Notice of this public hearing was published in the Sun Current newspaper.
ALTE R N AT IV E R E C O MME N D ATIO N(S):
None
P R IN C IPAL PAR TIE S E X P E C TE D AT ME E TIN G:
None
AGENDA SECTION:OTHER BUSINESS
AGENDA ITEM #12.
STAFF RE P ORT NO. 184
CIT Y COUNCIL ME E T ING
10/9/2018
RE P O RT P RE PA RE D B Y: S teven L . D evich, C ity Manager
D E PA RTME NT D IRE C TO R RE V IE W: S teven L . D evich, C ity Manager
10/3/2018
O THE R D E PA RTM E NT RE V IE W: None
C ITY MA NA G E R RE V IE W: S teven L . D evich, C ity Manager
10/4/2018
I T E M F O R C O UNC IL C O NS ID E RAT I O N:
Consideration of a request for the City Council to confirm the appointment of Pam Dymtrenko as
Adminitrative Services Director/Assistant City Manager for the City of Richfield.
E X E C UT IV E S UM M ARY:
The department structure of the City of Richfield has been modified periodically to fit the needs of
the organization. In late 1979, the department structure of the City was changed featuring the
combination of several departments into a few large departments. T his change included the
establishment of the Administrative Services Department which incorporated the Finance, City
Clerk/Deputy Registrar, Human Resources, Assessing, and Central Services/Data Processing
functions (Divisions) into one department.
Over the years, some of the functions and their associated divisions have changed, been renamed or
moved from one department to another. T he Administrative Services Department has also had
changes, but remained structured relatively the same since its creation. However, there has not
been an Administrative Services Director, since 2004 when then Administrative Services
Director/Assistant City Manager Steven Devich was promoted to the position of City Manager. T he
practical impact of that continued vacancy is that some of the division managers have reported
directly to the City Manager for the past 14 years.
In more recent years, Pam Dmytrenko, who served as the Human Resources Manager/Assistant
City Manager took over supervision of the Human Resources, (a portion of) Risk Management,
Government Buildings and Media functions. In addition, Ms. Dmytrenko also took over the
supervision of the Information Technologies Division about six months ago. Finance Manager Regis
took on the Assessing function, as they shared staffing and the City Manager retained Supervision
of the Information Technologies, City Clerk/Deputy Registrar and some of the Risk Management
Divisions.
With the recent establishment of the Finance Department and pending retirement of the City
Manager, it is the perfect opportunity to fill the Administrative Services Director position.
T he appointment of Pam Dmytrenko to the Administrative Services Director position is formally
promoting her into a position that she has partially done over the past few years. She is fully
qualified and capable of performing the duties of this position for the City of Richfield. In addition, the
position also includes the title of Assistant City Manager, which Ms. Dmytrenko has held for the past
several years.
RE C O M M E ND E D AC T I O N:
By motion: Confirm the appointment of Pam Dmytrenko as Administrative Services Director/Assistant
City Manager for the City of Richfield.
B AS IS O F RE C O M M E ND AT I O N:
A.H IS TOR IC AL C ON T E X T
This section is contained in the Executive Summary.
B.P OL IC IE S (resolutions, ordinances, regulations, statutes, etc):
According to Richfield City Charter Section 6.02, Powers and Duties of the City Manager,
subsection 3, and under Richfield City Code Section 310.01 Subd. 3, Charter authority,
appointment or removal of department heads shall be made final only upon a majority vote of the
Council.
C.C R IT IC AL T IMIN G IS S U E S:
W hile there is no deadline for this proposed change, the actual manner that the
Administrative Services Department has been managed for the past couple of years, the
elimination of the Assessing Division, and the establishment of the Finance Department make this
an opportune time to make this change.
The City Manager would like to deal with this issue before leaving.
D.F IN AN C IAL IMPAC T:
The Administrative Services Director position is contained in the 2018/2019 Budget and has been
contained in all previous budgets since 2004. There are sufficient funds to cover the costs of filling
this position.
E.L E GAL C ON S ID E R AT ION:
The position was posted and selected in accordance with the Richfield City Code.
According to Richfield City Code, the City Council must approve the City Manager's appointment
of any Department Head in the City.
ALTE R N AT IV E R E C O MME N D ATIO N(S):
The City Council may reject the City Manager's appointment and direct the City Manager to undertake
a new selection process.
P R IN C IPAL PAR TIE S E X P E C TE D AT ME E TIN G:
None