03-12-2019 Regular AgendaR 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
MAR C H 12, 2019
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) special C ity C ouncil work session of F ebruary 26, 2019; (2) special C ity C ouncil
work session of F ebruary 26, 2019; (3) regular C ity C ouncil meeting of F ebruary 26, 2019.
P R E S E N TATIO N S
1.Richfield S TE M/D ual L anguage S chool combined 5th Grade C hoir
2.P roclamation of Tibet D ay in the city of Richfield on March 10, 2019
C O U N C IL D ISC U SSIO N
3.Hats Off to Hometown Hits
AG E N D A APPR O VAL
4.A pproval of the A genda
5.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 approval of the P athway's to P olicing Grant between the Minnesota D epartment of P ublic
S afety and the C ity of Richfield P olice D epartment to partially fund a non-traditional police officer
candidate. The total funds available are $25,392.31.
S taff Report No. 41
6.C onsideration of items, if any, removed from C onsent C alendar
R E S O L U T IO N S
7.C onsideration of the adoption of a resolution revoking a conditional use permit for L akes B uffet restaurant at
6601 Nicollet Avenue.
S taff Report No. 42
O T H E R B U S IN E S S
8.C onsideration of the appointment of one adult member to the A dvisory B oard of Health.
S taff Report No. 43
9.C onsideration to confirm the appointment of A my Markle as Recreation S ervices D irector for the C ity of
Richfield.
S taff Report No. 44
C IT Y MAN AG E R’S R E P O R T
10.C ity Manager's Report
C LAIMS AN D PAYR O L LS
11.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.
12.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
February 26, 2019
CALL TO ORDER
The meeting was called to order by City Manager Rodriguez at 4:03 p.m. in the Bartholomew
Room.
Council Members Mary Supple; and Ben Whalen.
Present:
Council Members Maria Regan Gonzalez, Mayor; Edwina Garcia; and Simon Trautmann.
Present:
Staff Present: Katie Rodriguez, City Manager; Mary Tietjen, City Attorney; Pam Dmytrenko,
Administrative Services Director/Assistant City Manager; Jay Henthorne,
Police Chief; John Stark, Community Development Director; Kristin Asher,
Public Works Director; Wayne Kewitsch, Fire Chief; Kris Weiby, Acting
Recreation Services Director; Chris Regis, Finance Director; and Jared Voto,
Executive Aide/Analyst.
Item #1
CITY COUNCIL ORIENTATION
City Manager Rodriguez, City Attonrey Tietjen, and department directors presented a council
orientation to the new council members, highlighting information on the City, Housing and
Redevelopment Authority, Economic Development Authority, important laws, and each department.
ADJOURNMENT
The work session was adjourned by unanimous consent at 5:20 p.m.
Date Approved: March 12, 2019
Maria Regan Gonzalez
Mayor
Jared Voto Katie Rodriguez
Executive Aide/Analyst City Manager
CITY COUNCIL MEETING MINUTES
Richfield, Minnesota
Special City Council Work Session
February 26, 2019
CALL TO ORDER
The meeting was called to order by Mayor Regan Gonzalez at 6:02 p.m. in the Bartholomew
Room.
Council Members Maria Regan Gonzalez, Mayor; Edwina Garcia; Mary Supple; Simon
Present: Trautmann; and Ben Whalen.
Staff Present: Katie Rodriguez, City Manager; Kristin Asher, Public Works Director; Jeff
Pearson, City Engineer; and Jared Voto, Executive Aide/Analyst.
Item #1
HISTORY OF THE CONSTRUCTION AND PLANNING ALONG THE I-494
CORRIDOR
City Engineer Pearson presented on the history of construction along I-494 from 1947 through
1990s, traffic volumes during that time, environmental impact statement of I-494 between I-394 and
the Minnesota River. He also presented information on studies of the corridor completed between
2000 and 2014, as well as language in Richfield comprehensive plans during that time. Lastly, he
discussed the current study that includes funding to introduce MnPASS lanes to I-494 and construct a
ramp for Phase 1 Interchange for northbound I-35W to westbound I-494.
Council Member Supple asked for an update on the business impact study.
City Manager Rodriguez and Community Development Director Stark responded that MnDOT
would be paying for the study and working with the City on the scope of service for the study. The City
has sought proposals from consultants and after reviewing the proposals they will be brought back to
the City Council for approval.
HRA Commissioner Sue Sandahl asked about the access from Lyndale Ave north to I-35W.
City Engineer Pearson responded that it is maintained.
Council Member Whalen asked about the impacts on businesses if Portland Ave becomes a
two-way access point.
City Engineer Pearson responded there would be a significant impact and multiple purchases
of property. He also discussed reduced impacts at 12th Ave and Nicollet Ave, which would provide for
opportunities.
Community Development Director Stark added that the change at Portland Ave could make it
a better environment for businesses and the economic analysis could show that.
Council Member Whalen asked if Portland Ave would be able to handle the additional traffic.
Special Work Session Minutes -2- February 26, 2019
City Engineer Pearson responded the initial analysis and modeling shows the growth of traffic
is minimal north of 77th Street and the additional traffic would be directed onto 77th Street, which is
grossly under capacity.
Public Works Director Asher clarified it would require a reconstruction of the intersection at
Portland Ave and 77th Street, to handle more cars.
Council Member Trautmann commented that the addition of the health and prosperity of the
Richfield community should be an explicit goal for Richfield for this project.
Mayor Regan Gonzalez asked to clarify the I-35W Solutions Alliance and 494 Corridor
Commission related to this item.
City Engineer Pearson responded and detailed the make-up of each organization and the
purposes they serve for each corridor, including advocating for regional projects.
Mayor Regan Gonzalez asked about the timeline for the project.
City Engineer Pearson responded he would follow-up with the most recent timeline as MnDOT
has been adjusting it due to the reaction from municipalities.
Public Works Director Asher commented that the municipal consent be split with access
consolidation and right-of-way impacts from the increased capacity along the corridor.
Council Member Trautmann asked if splitting municipal consent puts Richfield at a strategic
disadvantage.
City Engineer Pearson responded he understands the question and will keep it in mind as they
continue to meet with MnDOT.
Mayor Regan Gonzalez asked about this project as it relates to the 77th Street Underpass
project.
City Engineer Pearson responded that it relates to the history of the I-494 project and the
potential isolation of the southeast corner of Richfield and discussed the connection.
Mayor Regan Gonzalez asked about the drainage systems that are necessary and a proposal
is to take up prime real estate in Richfield along the corridor.
City Engineer Pearson responded that staff is working to have other options and not have
holding ponds, which would take up this space.
Transportation Commission Chair Wes Dunser asked about the Penn Ave exit that you would
no longer be able to get to I-35W or Penn Ave with the current proposal and offered a proposal.
City Engineer Pearson discussed the phases and full build-out with the weave and said his
proposal could be brought up to MnDOT.
ADJOURNMENT
The work session was adjourned by unanimous consent at 6:57 p.m.
Special Work Session Minutes -3- February 26, 2019
Date Approved: March 12, 2019
Maria Regan Gonzalez
Mayor
Jared Voto Katie Rodriguez
Executive Aide/Analyst City Manager
CALL TO ORDER
The meeting was called to order by Mayor Regan Gonzalez at 7:01 p.m. in the Council
Chambers.
Council Members Maria Regan Gonzalez, Mayor; Edwina Garcia; Mary Supple; Simon
Present: Trautmann; and Ben Whalen.
Staff Present: Katie Rodriguez, City Manager; Mary Tietjen, City Attorney; John Stark,
Community Development Director; Kristin Asher, Public Works Director; Jay
Henthorne, Police Chief; Jennifer Anderson, Support Service Supervisor;
Elizabeth VanHoose, City Clerk; Jack Broz, Transportation Engineer; and Jared
Voto, Executive Aide/Analyst.
OATH OF OFFICE OF RICHFIELD CITY COUNCIL MEMBER, BEN WHALEN
City Clerk VanHoose administered the oath of office to Council Member Whalen.
OPEN FORUM
None.
PLEDGE OF ALLEGIANCE
Mayor Regan Gonzalez led the Pledge of Allegiance.
APPROVAL OF MINUTES
M/Supple, S/Trautmann to approve the minutes of the: (1) special City Council work session of
February 11, 2019; (2) special concurrent City Council, HRA, and Planning Commission work session
of February 11, 2019; (3) regular City Council meeting of February 11, 2019; (4) special City Council
meeting of February 15, 2019; and (5) special City Council work session of February 15, 2019.
Motion carried 5-0.
CITY COUNCIL MEETING MINUTES
Richfield, Minnesota
Regular Meeting
February 26, 2019
Council Meeting Minutes -2- February 26, 2019
Item #1
NATIONAL WEATHER SERVICE STORMREADY CITY CERTIFICATION
Chief Henthorne introduced Bill Borghoff from the National Weather Service. Chief Henthorne
and Mr. Borghoff spoke about the certification and the work that went into receiving the certification .
Item #2
COUNCIL DISCUSSION
Hats Off to Hometown Hits
Council Member Garcia thanked the Public Works Department staff for the work they have
been doing with all the recent snow storms and made a motion to quit having all the cold and snow
and replace it with warmth ; the motion passed unanimously.
Council Member Trautmann spoke regarding the Red, Wh ite and Brew event at the Richfield
American Legion on March 9 to fundraise for the Red, White, and Blue Days (4th of July); and
encouraged residents to connect with their neighbors to ensure their welfare when we have the
weather we have had lately.
Council Member Whalen thanked City Clerk VanHoose for all of the work her and her staff did
during the special election process; and thanked former Council Member and current State
Representative Michael Howard and the Richfield Police Department the support of the driver’s
license for all work at the Capitol.
Council Member Supple spoke regarding the Arts Commission receiving 80 poems for the
sidewalk sandblasting project on east 66th Street and stated the Commission will be reviewing and
selecting the poems; and thanked Public Safety and Public Works for all their work in the community
during the last few weeks during the weather events .
Mayor Regan Gonzalez welcomed Council Member Whalen and shared her excitement with
the new Council; reminded the community that the 4th of July events are not city-run and is
completely done by volunteers; on March 1 from 6 to 8 p.m. there is A Toast to VEAP event to support
the organization; the State of the Community was rescheduled to April 11 from 5:30 to 7 p.m. at the
Richfield Middle Schoo l and encouraged the community to attend; on March 7 the Richfield Chamber
of Commerce Circle of Excellence Ceremony from 11 a.m. to 1 p.m. recognizing Richfield businesses;
and thanked Neil Ruhland, Richfield’s Media Coordinator, for all his work and stories he has created
to promote Richfield and inform residents of what is happening in the city.
Item #3
APPROVAL OF THE AGENDA
M/Garcia, S/Trautmann to approve the agenda.
Motion carried 5-0.
Item #4
CONSENT CALENDAR
City Manager Rodriguez presented the consent calendar.
Council Meeting Minutes -3- February 26, 2019
A. Consideration of the approval of the citywide water meter replacement project and directing
staff to solicit bids. (S.R. No. 32)
B. Consideration of the adoption of a resolution authorizing a land exchange w ith the Minnesota
Department of Transportation as part of the completed I-35W/TH62 "Crosstown Commons"
reconstruction project. (S.R. No. 33)
RESOLUTION NO. 11611
RESOLUTION AUTHORIZING A LAND EXCHANGE WITH THE
MINNESOTA DEPARTMENT OF TRANSPORTATION AS PART OF
THE COMPLETED CROSSTOWN RECONSTRUCTION PROJECT
C. Consideration of the adoption of a resolution supporting the submittal of a grant application to
Hennepin County for 2019 Community Works Corridor Planning funds. The grant application
will request funds to study improvements to Penn Avenue, north of 66th Street. An award
requires a 25 percent match by the local authority (maximum $12,500). (S.R. No. 34)
RESOLUTION NO. 11612
RESOLUTION SUPPORTING THE SUBMITTAL OF AN APPLICATION
TO HENNEPIN COUNTY FOR CORRIDOR PLANNING PROGRAM
FUNDS FOR PENN AVENUE
D. Consideration of the approval of permanent easement agreements with the Metropolitan
Council to allow the necessary relocation of utilities as part of the Orange Line Bus Rapid
Transit Project. (S.R. No. 35)
M/Trautmann, S/Supple 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 REGARDING THE CITY OF RICHFIELD'S WELLHEAD AND
SOURCE WATER PROTECTION – PART 2: WELLHEAD PROTECTION PLAN
AMENDMENT. (S.R. NO. 36)
Council Member Trautmann presented Staff Report No. 36.
John Greer, Barr Engineering Co., the City’s consultant who prepared the Wellhead and
Source Water Protection – Part 2: Wellhead Protection Plan Amendment , gave a short presentation
on the Plan Amendment.
Council Member Trautmann opened the public hearing.
M/Trautmann, S/Garcia to close the public hearing.
Motion carried 5-0.
Council Meeting Minutes -4- February 26, 2019
Item #7
PUBLIC HEARING AND CONSIDERATION OF THE ADOPTION OF A
RESOLUTION SPECIFYING THE USE OF FUNDS FROM THE URBAN
HENNEPIN COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT
ALLOCATION FOR 2019 AND AUTHORIZING EXECUTION OF A
SUBRECIPIENT AGREEME NT WITH HENNEPIN COUNTY AND ANY
REQUIRED THIRD PARTY AGREEMENTS. (S.R. NO. 37)
Community Development Director Stark presented Staff Report No. 37.
Council Member Garcia opened the public hearing.
M/Garcia, S/Supple to close the public hearing.
Motion carried 5-0.
Mayor Regan Gonzalez commented how the housing funds are leveraged to improve homes
in Richfield and encouraged residents to look into the programs that are available.
Council Member Whalen commented about the variety of programs available and the options
to support different members of our community.
Council Member Trautmann commented on using these programs when he was starting out
and was grateful for these programs.
M/Garcia, S/Trautmann to adopt a resolution authorizing the use of funds for the 2019 Urban
Hennepin County Community Development Block Grant Program and authorizing execution of a
Subrecipient Agreement with Hennepin County and any required third party agreements.
RESOLUTION NO. 11613
RESOLUTION APPROVING PROPOSED USE OF 2019 URBAN
HENNEPIN COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT
PROGRAM FUNDS AND AUTHORIZING EXECUTION OF
SUBRECIPIENT AGREEMENT WITH HENNEPIN COUNTY AND ANY
REQUIRED THIRD PARTY AGREEMENTS
Motion carried 5-0.
Item #8
CONSIDERATION OF THE APPROVAL OF A SECOND READING OF AN
ORDINANCE AMENDING SECTION 617 OF THE RICHFIELD CITY CODE
REGULATING FOOD ESTABLISHMENTS FOR CONSISTENCY WITH
RECENTLY UPDATED STATE REGULATIONS AND ADOPTION OF A
RESOLUTION APPROVING SUMMARY PUBLICATION OF SAID ORDINANCE.
(S.R. NO. 38)
Council Member Whalen presented Staff Report No. 38.
City Attorney Tietjen commented that this ordinance brings our code into compliance with the
State Statutes and thanked Lynn Moore, Environmental Health Manager, from Bloomington Public
Health for her assistance in drafting this ordinance.
Council Meeting Minutes -5- February 26, 2019
M/Whalen, S/Supple to approve the second reading of an ordinance amending Section 617 of
the Richfield City code regulating food establishments and adopt a resolution approving summary
publication of said ordinance.
RESOLUTION NO. 11614
RESOLUTION APPROVING SUMMARY PUBLICATION OF AN
ORDINANCE PERTAINING TO PUBLIC HEALTH AND THE
REGULATION OF FOOD ESTABLISHMENTS
Motion carried 5-0.
Item #9
CONSIDERATION OF THE APPROVAL OF THE PRELIMINARY DESIGN
LAYOUT FOR THE PORTLAND AVENUE BICYCLE AND PEDESTRIAN LINK
PROJECT FROM 66TH ST REET TO TRUNK HIGHWAY 62 (CROSSTOWN) AS
RECOMMENDED BY THE T RANSPORTATION COMMISSION. (S.R. NO. 39)
Council Member Supple presented Staff Report No. 39.
Transportation Engineer Broz provided a presentation on the proposed project.
Council Member Supple thanked staff for their information.
Mayor Regan Gonzalez asked if the City Council will receive an update once the traffic study
of the roundabout will be completed.
Transportation Engineer Broz stated the study would be shared with Council when it is
completed.
Council Member Whalen thanked staff for incorporating community input, including flashing
lights at the roundabout for pedestrians, and the explanation of the 4-to-3 lane conversion.
M/Supple, S/Trautmann to approve the preliminary design layout for the Portland Avenue
bicycle and pedestrian link project from 66th Street to Trunk Highway 62 (Crosstown) as
recommended by the Transportation Commission.
Motion carried 5-0.
Item #10
CONSIDERATION OF DESIGNATING REPRESENTATIVES TO SERVE AS THE
2019 LIAISONS TO VARIOUS METROPOLITAN AGENCIES AND CITY
COMMISSIONS. (S.R. NO. 40)
Mayor Regan Gonzalez presented Staff Report No. 40.
M/Regan Gonzalez, S/Whalen to designate City Council liaison appointments to various
metropolitan agencies and City commissions for 2019.
Motion carried 5-0.
Council Meeting Minutes -6- February 26, 2019
Item #11
CITY MANAGER’S REPORT
City Manager Rodriguez stated she had nothing to report.
Item #12
CLAIMS AND PAYROLLS
M/Garcia, S/Trautmann that the following claims and payrolls be approved :
U.S. Bank 02/26/19
A/P Checks: 275230 - 275592 $ 1,243,211.13
Payroll: 143580 - 143918 673,321.99
TOTAL $ 1,916,533.12
Motion carried 5-0.
OPEN FORUM
None.
Item #13
ADJOURNMENT
The meeting was adjourned by unanimous consent at 8:04 p.m.
Date Approved: March 12, 2019
Maria Regan Gonzalez
Mayor
Jared Voto Katie Rodriguez
Executive Aide/Analyst City Manager
AGENDA SECTION:CONSENT CALENDAR
AGENDA ITEM #5.A.
STAFF RE P ORT NO. 41
CIT Y COUNCIL ME E T ING
3/12/2019
RE P O RT P RE PA RE D B Y: Jay Henthorne, D irector of P ublic S afety/C hief of P olice
D E PA RTME NT D IRE C TO R RE V IE W: Jay Henthorne, D irector of P ublic S afety/C hief of P olice
3/4/2019
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: K atie Rodriguez, C ity Manager
3/5/2019
I T E M F O R C O UNC IL C O NS ID E RAT I O N:
Consideration of approval of the Pathway's to Policing Grant between the Minnesota Department of
Public Safety and the City of Richfield Police Department to partially fund a non-traditional police
officer candidate. The total funds available are $25,392.31.
E X E C UT IV E S UM M ARY:
The City of Richfield Police Department recently applied for a grant to participate in the Pathway's to Policing
Program. The Program is designed to bring non-traditional candidates into the law enforcement field;
specifically, candidates with cultural competency skills. The Program specifically seeks those with the ability
to fluently speak and proficiently read and write a non-English language, with Spanish preferred. This is an
effort to more closely align our Department's demographics with the community we serve.
The Minnesota Department of Public Safety has presented an agreement to partially fund a Pathway's to
Policing Police Officer. The agreement is a new agreement for the fiscal year 2019. The funds from the
Minnesota Department of Public Safety will not exceed $25,392.31.
RE C O M M E ND E D AC T I O N:
By motion: Approve the 2019 Pathways to Policing Grant between the Minnesota Department of Public
Safety Grant and the City of Richfield Police Department to partially fund a Pathway's to Policing
Police Officer. The total funds available are $25,392.31.
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
Applicants must have a four-year regionally-accredited college degree in any field of study, but no
prior law enforcement training or experience is required.
Successful applicant will be hired by the City of Richfield Police Department as a Police Trainee.
This is a full-time (40 hours per week) with insurance, and pension benefits. I mmediately upon
hire, the Police Trainee will be assigned a Richfield Police Officer(s) as a mentor.
As a Police Trainee the individual will attend 35-40 hours a week of college coursework and
training at Hennepin Technical College for approximately 22 weeks. Upon successful completion
of this course work, the Police Trainee will take the Peace Officers Standards and Training
(P OS T) licensing examination.
All course fees and equipment are provided and paid for by the City of Richfield Police
Department.
B.P OL IC IE S (resolutions, ordinances, regulations, statutes, etc):
Minnesota Department of Public Safety notified the City of Richfield Police Department that they
were selected to receive the Pathway's to Policing Grant.
The City of Richfield Police Department wishes to participate in the Pathway's to Policing
program .
C.C R IT IC AL T IMIN G IS S U E S:
The agreement must be signed for the Pathway's to Policing Program to receive the allotted
funding.
D.F IN AN C IAL IMPAC T:
The total cost of this agreement will not exceed $25,392.31 to be paid by The State of Minnesota
Department of Public Safety.
The City of Richfield Police Department has already budgeted the remainder of the funds to cover
the costs.
E.L E GAL C ON S ID E R AT ION:
None
ALTE R N AT IV E R E C O MME N D ATIO N(S):
The Council could choose to not sign this agreement, which would make this agreement null and void
with the State of Minnesota Public Safety Department and the Department would not be able
to participate in the Pathway's to Policing Program.
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
P athway's to P olicing C ontract C ontract/A greement
Grant Agreement Page 1 of 2
DPS Grant Agreement non-state (04/14)
Minnesota Department of Public Safety (“State”)
Commissioner of Public Safety
Office of Justice Programs
445 Minnesota Street, Suite 2300
St. Paul, MN 55101-2139
Grant Program:
Pathway to Policing Reimbursement Grants 2019
Grant Agreement No.:
A-PTP-2019-RICHFPD-00019
Grantee:
City of Richfield, Police Department
6700 Portland Avenue South
Richfield, Minnesota 55423-2560
Grant Agreement Term:
Effective Date: 4/1/2019
Expiration Date: 3/31/2020
Grantee’s Authorized Representative:
Michael Flaherty, Administrative Lieutenant
Richfield Police Department
6700 Portland Avenue South
Richfield, Minnesota 55423-2560
(612) 861-9830
Grant Agreement Amount:
Original Agreement $25,392.31
Matching Requirement $0.00
State’s Authorized Representative:
Claire Cambridge, State Program Administrator Principal
Office of Justice Programs
445 Minnesota Street Suite 2300
St Paul, Minnesota 55101
(651) 201-7307
Federal Funding: CFDA None
State Funding: Minnesota Laws of 2017, Chapter 95,
Article 1, Section 11, Subdivision 7
Special Conditions: None
Under Minn. Stat. § 299A.01, Subd 2 (4) the State is empowered to enter into this grant agreement.
Term: Effective date is the date shown above or the date the State obtains all required signatures under Minn.
Stat. § 16B.98, subd. 7, whichever is later. Once this grant agreement is fully executed, the Grantee may claim
reimbursement for expenditures incurred pursuant to the Payment clause of this grant agreement.
Reimbursements will only be made for those expenditures made according to the terms of this grant agreement.
Expiration date is the date shown above or until all obligations have been satisfactorily fulfilled, whichever occurs
first.
The Grantee, who is not a state employee will:
Perform and accomplish such purposes and activities as specified herein and in the Grantee’s approved Pathway
to Policing Reimbursement Grants 2019 Application (“Application”) which is incorporated by reference into this
grant agreement and on file with the State at 445 Minnesota Street, Suite 2300, St. Paul, Minnesota 55101-2139.
The Grantee shall also comply with all requirements referenced in the Pathway to Policing Reimbursement Grants
2019 Guidelines and Application which includes the Terms and Conditions and Grant Program Guidelines
(https://app.dps.mn.gov/EGrants), which are incorporated by reference into this grant agreement.
Budget Revisions: The breakdown of costs of the Grantee’s Budget is contained in Exhibit A, which is attached
and incorporated into this grant agreement. As stated in the Grantee’s Application and Grant Program Guidelines,
the Grantee will submit a written change request for any substitution of budget items or any deviation and in
accordance with the Grant Program Guidelines. Requests must be approved prior to any expenditure by the
Grantee.
Matching Requirements: (If applicable.) As stated in the Grantee’s Application, the Grantee certifies that the
matching requirement will be met by the Grantee.
Grant Agreement Page 2 of 2
DPS Grant Agreement non-state (04/14)
Payment: As stated in the Grantee’s Application and Grant Program Guidance, the State will promptly pay the
Grantee after the Grantee presents an invoice for the services actually performed and the State's Authorized
Representative accepts the invoiced services and in accordance with the Grant Program Guidelines. Payment
will not be made if the Grantee has not satisfied reporting requirements.
Certification Regarding Lobbying: (If applicable.) Grantees receiving federal funds over $100,000.00 must
complete and return the Certification Regarding Lobbying form provided by the State to the Grantee.
1. ENCUMBRANCE VERIFICATION 3. STATE AGENCY
Individual certifies that funds have been encumbered as
required by Minn. Stat. §§ 16A.15 and 16C.05. Signed:_____________________________________________
(with delegated authority)
Signed: _____________________________________________ Title: ______________________________________________
Date: _______________________________________________ Date: ______________________________________________
Grant Agreement No. A-PTP-2019-RICHFPD-00019 / 3-58151
2. GRANTEE
The Grantee certifies that the appropriate person(s)
have executed the grant agreement on behalf of the Grantee
as required by applicable articles, bylaws, resolutions, or ordinances.
Signed: _____________________________________________
Print Name: __________________________________________
Title: _______________________________________________
Date: _______________________________________________
Signed: ______________________________________________
Print Name: __________________________________________
Distribution: DPS/FAS
Title: ______________________________________________ Grantee State’s Authorized Representative
Date: _______________________________________________
Pathway to Policing Reimbursement Grants 2019 EXHIBIT A
Organization: Richfield Police Department A-PTP-2019-RICHFPD-00019
Budget Summary
PTP 2019: Pathways to Policing
Budget Category Award
Personnel
Total salary cost for 23 week program is 19,844.40. 50% of this cost is
9922.20.
$9,922.20
Total $9,922.20
Payroll Taxes and Fringe
Taxes and fringe benefits total cost is 7215.22. 50% of these costs are
3,607.61.
$3,607.61
Total $3,607.61
Travel and Training
Student tuition and fees total cost is 19,825.00. 50% of these costs are
9912.50.
$9,912.50
Total $9,912.50
Other Expenses
Total cost to equip the student with police gear is 3,900.00. 50% of this
cost is 1950.00.
$1,950.00
Total $1,950.00
Total $25,392.31
Page 1 of 102/13/2019
AGENDA SECTION:RESOLUTIONS
AGENDA ITEM #7.
STAFF RE P ORT NO. 42
CIT Y COUNCIL ME E T ING
3/12/2019
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: Melissa P oehlman, A sst. C ommunity D evelopment D irector
3/5/2019
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: K atie Rodriguez, C ity Manager
3/6/2019
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 revoking a conditional use permit for Lakes Buffet
restaurant at 6601 Nicollet Avenue.
E X E C UT IV E S UM M ARY:
In April 2017, Lakes Buffet submitted applications for a conditional use permit ("CUP") to operate a
restaurant at 6601 Nicollet Avenue, and for a variance from the City's Commercial Kitchen Odor
Control ordinance. New restaurant sites abutting residential property are required to install odor
control equipment prior to opening, whereas 'preexisting' restaurant sites are required to
provi de pl ans for professionally-designed odor control equipment, which must be installed if there
are complaints of odor impacts. Because the space (formerly an Old Country Buffet) had been
vacant for more than one year, prior land use approvals had expired and City Code considered
Lakes Buffet as a 'new' restaurant site, rather than 'preexisting'. Staff recommended approval of the
variance request to be considered 'preexisting', based on the decades-long history of Old Country
Buffet having operated in that location without complaints of cooking odors.
Shortly after Lakes Buffet opened in December 2017, the City began to receive complaints from the
surrounding neighborhood regarding nuisance cooking odors. After several unique complaints were
received, on April 26, 2018, City staff notified Lakes Buffet of the requirement to install odor control
equipment within 90 days (July 26, 2018). Plans were submitted and a Mechanical Permit issued;
staff granted a 30-day extension, with a new deadline of August 26, 2018, to complete the work.
T his deadline passed without any further communication from Lakes Buffet management as to when
installation could be expected to occur. In the absence of progress and due to the lack of
communication from Lakes Buffet management, the matter of revoking the restaurant's C U P was
brought to the City Council on September 25, 2018.
The Council approved Resolution 11546, which stated that the C UP was revoked effective October 26, 2018,
unless Lakes Buffet submitted proof that an odor control device had been purchased, in which case the
deadline for completion would be extended to December 25 [or next business day]. Lakes Buffet provided
proof of purchase on October 23, 2018, and City staff observed that equipment had appeared on the roof of
the building on December 13, 2018. At this time, it appeared that Lakes Buffet was on track to complete
installation shortly. Though the December 25 deadline had passed, an inspection was scheduled for J anuary
10, 2019. After the initial inspection revealed that installation was incomplete, a follow-up inspection took place
on J anuary 24, 2019. Dissatisfied by the slow progress, the Community Development Director sent a letter of
noncompliance on February 7, 2019, stating that "the odor control system must be operational and pass
inspection no later than February 25, 2019, or steps will be taken to revoke approvals and halt operations." On
February 20, 2019, Lakes Buffet submitted a written response (attached to this report), stating various
hardships and requesting that the deadline be extended to March 20, 2019.
Given that Lakes Buffet is now more than two months past the December 25, 2018, installation deadline, staff
recommends that the Council approve measures to shut down the restaurant, effective immediately. Because
so much time has passed since the Council’s last action on this matter, the City Attorney has advised that the
Council consider a new resolution to revoke the C UP. T he Community Development and Public Safety
Departments will coordinate with our partner agency, Bloomington Public Health, to ensure that
closure of the restaurant is carried out in a manner consistent with public health regulations.
T he ultimate goal of the city's odor control regulations is to foster successful relationships between
commercial businesses and adjacent residential properties; both commercial and residential uses
are important to the health of the city. If the odor control system is fully operational and passes final
inspection at any time before or on May 31, 2019, staff recommends that the Council allow the CUP
to be reinstated administratively, thereby allowing the restaurant to reopen. If the system does not
pass final inspection by May 31, the CUP would be revoked permanently and reopening a
restaurant at this property would require applying for a new C U P – a process that requires a public
hearing before the Planning Commission and approval by the City Council.
RE C O M M E ND E D AC T I O N:
By motion: Adopt a resolution revoking the conditional use permit for a restaurant at 6601 Nicollet
Avenue.
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
Timeline prior to Lakes Buffet opening:
I n early 2017, Lakes Buffet submitted applications for a C UP to operate a restaurant, and for a
variance from the Commercial Kitchen Odor Control ordinance (Section 544.27). Because the
former Old Country Buffet space had been vacant for more than one year (approximately 15
months), City ordinances considered Lakes Buffet as a 'new restaurant site', rather than a
'preexisting restaurant site'.
The City Council granted a variance which allowed Lakes Buffet to be considered as a
'preexisting restaurant site' under City Code Section 544.27. New restaurant sites abutting
residential property are required to install odor control equipment prior to opening, whereas
preexisting restaurant sites are instead required to provide plans for a professionally-designed
odor control remedy. Section 544.27 states that "subsequent complaints of odor impacts may
result in the requirement that the planned odor control device be installed." Staff recommended
approval of the variance request to be considered 'preexisting', based on the decades-long history
of Old Country Buffet operating in that location without complaints of cooking odors, and that the
restaurant had been closed only slightly longer than one year (approximately 15 months).
Lakes Buffet management was aware of the requirement to provide plans for a future odor control
system, which they did provide along with building plans that were submitted to the I nspections
Division for Building Permit approval.
B.P OL IC IE S (resolutions, ordinances, regulations, statutes, etc):
Zoning Code procedures for revoking a conditional use permit:
I f a C UP is revoked, all uses and activities which are permitted by such permit shall
immediately cease. I n addition, all other licenses and permits issued by the City which
require, as a condition of their issuance, the existence of the C UP, shall be subject to
termination in the manner set forth in the City Code or other applicable law.
The Council may, in lieu of revocation, permit the C UP to continue subject to further or
additional terms and conditions as in its judgment are necessary to insure compliance.
The following City Code sections are included as attachments to this report:
Commercial Kitchen Odor Control - Section 544.27
Revocation of conditional use permit - Section 547.09
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:
The resolution was drafted by the City Attorney.
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:
Mid-America Group representative (property management) Lakes Buffet representative
AT TAC H ME N T S:
D escription Type
Resolution Resolution L etter
Mailed correspondence with L akes B uffet B ackup Material
C ity C ode S ections 544.27 and 547.09 B ackup Material
2017 C UP approval Resolution 11361 B ackup Material
1
RESOLUTION NO. ________
RESOLUTION REVOKING A CONDITIONAL USE PERMIT
FOR A RESTAURANT AT 6601 NICOLLET AVENUE SOUTH
WHEREAS, on May 9, 2017, the City Council approved Resolution No. 11361, granting
a conditional use permit (“CUP”) and variances to allow the operation of a traditional/cafeteria
(class II) restaurant at property commonly known as 6601 Nicollet Avenue S. (a/k/a “Lakes
Buffet”) and legally described as:
Lots 10, 11, and 12 except road, GOODSPEED’S FIRST PLAT, Hennepin County,
Minnesota
WHEREAS, Resolution No. 11361 stated that the City will “regulate this [restaurant] use
as a preexisting restaurant site as described in Subsection 544.27, Subdivision 1, Part (c). The
applicant shall provide plans for a professionally designed odor control remedy and a statement
by a structural engineer that the building design could accommodate the planned odor control
and associated screening in the future. Subsequent complaints of odor impacts may result in the
requirement that the planned odor control device be installed”; and
WHEREAS, in the months of February – April 2018, the City received a series of
complaints regarding cooking odors impacting the surrounding neighborhood; and
WHEREAS, on April 26, 2018, City staff notified restaurant management of the
requirement to install odor control equipment within 90 days, with a deadline of July 26, 2018;
and
WHEREAS, on August 3, 2018, a Mechanical Permit application was submitted to the
Inspections Division and City staff granted a 30-day extension, with a new deadline of August
26, 2018 to complete installation of odor control equipment; and
WHEREAS, the original 90-day deadline and 30-day extension deadline passed and the
City received no further communication from the property management as to when the
installation would occur and the City continued to receive complaints from the neighborhood
about cooking odors; and
WHEREAS, City Code subsection 547.09, subd. 14(b) provides that if an apparent
violation of a CUP exists, the Director shall mail a notice of violation to the property owner or
the owner’s agent and to any other person conducting the use for which the conditional use
permit was granted;
WHEREAS, on September 7, 2018, City staff sent a notice to Lakes Buffet, copying
property management, identifying the violations and stating that noncompliance with City
ordinances would result in revocation of the restaurant’s CUP and informing them of the public
hearing date; and
2
WHEREAS, the City Council held a public hearing on September 25, 2018 to consider
revocation of the conditional use permit and no representative of Lakes Buffet or the property
owner appeared or spoke at the public hearing;
WHEREAS, on September 25, 2018, the City Council adopted Resolution 11546
providing that the conditional use permit would be revoked as of October 26, 2018 unless the
restaurant could demonstrate, to the satisfaction of the Community Development Director, that it
purchased the necessary odor control equipment, in which case, the effective date of revocation
of the conditional use permit would be extended by 60 days to December 25, 2018 (or the next
business day) allowing for additional time to install the equipment; and
WHEREAS, Lakes Buffet purchased the odor control equipment by October 26, 2018,
but did not install the equipment by December 26, 2018; and
WHEREAS, on January 10, 2019, a City Mechanical Inspector conducted a first
inspection at the property, observed that the odor control unit had been partially installed, and
scheduled a second inspection for January 24, 2019; and
WHEREAS, the Inspector conducted the second inspection on January 24, 2019 and
concluded that final completion of the installation could be done within two to four weeks; and
WHEREAS, on February 7, 2019, the Community Development Director sent a letter to
Lakes Buffet, copying property management, stating the odor control must be operational and
pass final inspection by February 25, 2019 or that steps would be taken to revoke their approvals
and halt restaurant operations; and
WHEREAS, on February 20, 2019, city staff received a written response from Lakes
Buffet requesting an extension to March 20, 2019 to complete the installation; and
WHEREAS, on February 26, 2019, the Community Development Director sent a letter to
Lakes Buffet, copying property management, that due to continued noncompliance, the Council
would once again be considering revocation of the conditional use permit at its meeting on
March 12, 2019; and
WHEREAS, on March 12, 2019, the City Council fully considered the history of
noncompliance at the property and events that occurred subsequent to the Council’s initial action
on the conditional use permit on September 25, 2018, as well as the restaurant’s request for an
extension; and
WHEREAS, City Code subsection 547.09, subd. 14(g) provides that “[i]f a conditional
use permit is revoked, all uses and activities which are permitted only by such conditional use
permit shall immediately cease. . .”
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Richfield,
Minnesota, as follows:
3
1. The above-stated recitals are the Findings of the City Council.
2. This Resolution supersedes Resolution 11546 adopted by the Council on September 25,
2018.
3. Effective at 12:00 a.m. on Wednesday, March 13, 2019, the conditional use permit for a
class II restaurant on the property legally described above is revoked for failure to install
odor control equipment as described in City Council Staff Report No. ____. All
restaurant operations must immediately cease on the effective date and time of revocation
of the CUP.
4. If the odor control system is fully operational and passes final inspection by May 31,
2019, the revoked CUP may be reinstated administratively by the Community
Development Director and the restaurant may reopen if all required permits and licenses
are in compliance with City Ordinances. If the system does not pass final inspection by
May 31, 2019, the CUP is revoked permanently and an application for a new CUP must
be submitted to the City in order for a restaurant use to reopen at this property.
Adopted by the City Council of the City of Richfield, Minnesota this 12th day of March, 2019.
Maria Regan Gonzalez, Mayor
ATTEST:
_______________________________
Elizabeth VanHoose, City Clerk
Mailed correspondence between the City and Lakes Buffet,
presented in reverse-chronological order (newest to oldest)
02/20/2019
City of Richfield
Community Development Department ; Planning & Zoning
6700 Portland Ave
Richfield, MN 55423
Attn: Matt Brillhart
Subject: Request for deadline exte nsion for installation of odor control system at Lakes Buffet, 9
66th St E, Richfield , MN 55423
Dear Matt :
Thank you in advance for taking the time to review this letter. We would like to ask your permission
for the deadline extension for installation of o dor control unit. Please allow me to explain to you
the reason why we will not be able to complete the installation and meet the deadline on February
25, 2019.
Our restaurant ope ned late last Spring, the business h ad been slow since the beginning due to the
road construction nearby, which conti nued and throughout the whole summer. We were trying
very hard to be sustainable with the business, but had really tough time generated enough fund to
hire the sub-contractors to do the project.
In December 2018, we refinanced and were able to get a loan to pay for the down payment to our
sub-contractor s, they ordered the odor control unit right away and were getting ready to do the
job. However, because of the holiday s, the shipment of the unit was delayed and finally arrived in
early January 2019.
Our sub -contractors have been working continuously on the project, but since th e restaurant is
opening everyday to the public, the ir workable hours are very limited to be not affect the
restaurant business. The team is ready to setup the unit , but before doing so, they will need to
remove the existing make -up air unit, disconnect the alarm system, and this job alone will be about
two weeks. And once the unit is installed, they will need time to do the testing to ensure
everything runs smoothly, and then schedule the final inspection with the city.
The refore, we are here asking for the deadline to be extended to Ma rch 20, 2019. Please
understand our situation and consider approving the deadline exten sion. Thanks so much again for
your time and please let us know your thoughts and questions.
Sincerely,
Sheng Zheng
General Manager
544.27.-Environmental Effects.
No activity or operation shall be established or maintained that by reason of its nature or manner
of operation will cause the emission of noise, odor, toxic or noxious fumes, smoke, dust or particulate
matter in such concentrations as to be detrimental to or endanger the public health, welfare, comfort or
safety, or cause injury to property or business.
Subd. 1.Commercial kitchen odor control.All properties that contain cooking apparatus which
necessitates the installation of a Type 1 Ventilation Hood (as required by State Building Code) and which
abut (or are located within 150 feet even if not abutting) existing and/or future residential property shall
mitigate or otherwise address the impact of odors as follows:
a)Adjacent to existing residential.New restaurant sites abutting or adjacent to existing
residential properties shall install professionally-designed odor control remedies;
b)Adjacent to future residential.New restaurant sites abutting or adjacent to future residential
development (either as a result of the Comprehensive Plan or an approved development plan)
shall provide plans for a professionally-designed odor control remedy and a statement by a
structural engineer that the building design could accommodate the planned odor control and
associated screening in the future. Subsequent complaints of odor impacts may result in the
requirement that the planned odor control device be installed.
c)Pre-existing restaurant sites.Pre-existing restaurant sites abutting or adjacent to either
existing or future residential development, which are augmenting cooking equipment and/or
intensifying odor emissions, shall follow the requirements of clause b above.
d)Administrative exemptions.The Community Development Director shall have the authority to
exempt uses from meeting the requirements of this Subdivision with a written finding that the
proposed commercial kitchen is for an institutional (or similar) use that will have limited hours
of operation and/or minimal usage.
(Amended, Bill No. 2015-2)
547.09.-Conditional use permits.
Subd. 13.Revocation of CUP.The Council may review conditional use permits periodically and may
revoke a permit upon violation of any condition of the permit.
The procedure for revocation set out in Subd. 14 of this Subsection shall be followed. If it is discovered
after approval of the conditional use permit that the City's decision was based at least in part on
fraudulent information, the Council may revoke the permit, modify the conditions, or impose additional
conditions.
Subd. 14.Procedure for revocation.The procedure for revocation of a conditional use permit shall be as
follows:
a)Complaint.The Director shall review any complaints received by the City or any other party involving
property which is subject to a conditional use permit, and shall determine whether, in the Director's
judgment a violation of the terms or conditions of any conditional use permit appears to have occurred.
b)Notice of apparent violation.If the Director determines that an apparent violation of such terms and
conditions exists, the Director shall cause a notice of violation to be mailed to the owner of the property
or owner's agent and to any other person known to the City to be conducting the use for which the
conditional use permit was granted. The notice shall:
i.Be in writing;
ii.State the violation or violations found to apparently exist and state the remedial actions which
must be taken to achieve compliance with the terms and conditions of the conditional use
permit;
iii.Provide a reasonable time, but not less than ten (10) days, for the recipient to remedy the
violation or violations stated in the notice; and; and
iv.Inform the recipient that if the stated violations are not remedied within the stated time period,
the Director will request the Council to consider revocation of the conditional use permit.
c)Failure to comply.When notice has been given in accordance with "clause b" above and the recipient
has failed to correct the violations stated in the notice within the time allowed,the Director shall refer
the matter to the Council with a recommendation that a hearing be held to consider the revocation of
the conditional use permit. A copy of the Director's recommendation shall be mailed to the same
persons who previously were mailed the notice of violation.
d)Scheduling of hearing.A hearing shall be scheduled before the Council to consider revocation of the
conditional use permit. The date of the hearing shall be as soon as is reasonably convenient.
e)Notice of hearing.Upon the scheduling of the hearing, the Director shall furnish mailed notice of such
to the same persons who were mailed notice of the violation. The notice shall:
i.State the time, date and location of the hearing;
ii.Describe all violations, which will form the basis of the Director's recommendation to the
Council;
iii.Describe the recommendation which the Director intends to make to the Council with respect to
revocation; and
iv.Inform the recipient of its opportunity to be present at the hearing, to be represented by legal
counsel during the hearing, and to present testimony and evidence.
f)Public notice.The Director shall also provide a mailed notice containing the information described in
subclauses i, ii, and iii of "clause e" above to all other persons who would have been entitled to notice
had the hearing been to consider the granting of the conditional use permit.
g)Determination.At the conclusion of the hearing, or as soon thereafter as is reasonably possible, the
Council shall render its written decision. The decision shall state the terms and conditions of the
conditional use permit found to have been violated; and shall state the determination of the Council
with regard to revocation of the conditional use permit. The Council may, in lieu of revocation, permit
the conditional use permit to continue subject to such further or additional terms and conditions as in
its judgment are necessary to insure compliance with the conditional use permit. The Council's written
findings and determination shall be mailed to the persons who were mailed the Director's notice of
violation. If a conditional use permit is revoked, all uses and activities which are permitted only by such
conditional use permit shall immediately cease. In addition, all other licenses and permits issued by the
City which require, as a condition of their issuance, the existence of the conditional use permit, shall be
subject to termination in the manner set forth in the City Code or other applicable law.
Subd. 15.Other remedies for violation of CUP.In addition to the procedure set forth in Subd. 13 above,
the City may exercise, with or separately from such procedure, all and any other remedies and actions
available to the City including, but not limited to those contained in Sections 115 and 320 of the City
Code.
RESOLUTION NO 11361
RESOLUTION APPROVING A
CONDITIONAL USE PERMIT AMENDMENT AND VARIANCES
FORA RESTAURANT
AT 6601 NICOLLET AVENUE
WHEREAS an application has been filed with the City of Richfield which requests
approval of a conditional use permit amendment and variances to allow a Class II
traditional cafeteria restaurant at property commonly known as 6601 Nicollet Avenue and
legally described as follows
Lots 10 11 and 12 except road GOODSPEED S FIRST PLAT Hennepin County
Minnesota
WHEREAS the Planning Commission of the City of Richfield held a public hearing and
recommended approval of the requested conditional use permit and variances at its April 24
2017 meeting and
WHEREAS notice of the public hearing was published in the Sun Current and mailed to
properties within 350 feet of the subject property on April 13 2017 and
WHEREAS the requested conditional use permit meets the requirements necessary for
issuing a conditional use permit as specified in Richfield s Zoning Code Subsection 547 09
and as detailed in City Council Staff Report No 74 and
WHEREAS the Zoning Code states that new restaurant sites abutting or adjacent to
existing residential properties shall install professionally designed odor control remedies
Subsection 544 27 Subd 1 and
WHEREAS the Zoning Code states that off street parking for shopping centers shall be
provided at a ratio of 3 5 spaces per 1 000 square feet of gross floor area and that restaurants
in shopping centers shall be calculated separately at a ratio of 10 spaces per 1 000 square
feet of gross floor area Subsection 544 13 Subd 6 and
WHEREAS Minnesota Statutes Section 462 357 Subdivision 6 provides for the
granting of variances to the literal provisions of the zoning regulations in instances where their
enforcement would cause practical difficulty to the owners of the property under
consideration and
WHEREAS based on the findings below the Richfield City Council approves the
requested variances from Richfield Zoning Code Subsections 544 27 Subd 1 and 544 13
Subd 6 and
WHEREAS the City has fully considered the request for approval of the conditional use
permit
NOW THEREFORE BE IT RESOLVED by the City Council of the City of Richfield
Minnesota as follows
1 The City Council makes the following general findings
a The Property is zoned General Business C 2
b The Zoning Code states that new restaurant sites abutting or adjacent to existing
residential properties shall install professionally designed odor control remedies A
variance from Subsection 544 27 Subd 1 is necessary
c The Zoning Code states that off street parking for shopping centers shall be
provided at a ratio of 3 5 spaces per 1 000 square feet of gross floor area and that
restaurants in shopping centers shall be calculated separately at a ratio of 10
spaces per 1 000 square feet of gross floor area A variance from Subsection
544 13 Subd 6 is necessary
2 With respect to the application for variances from the above listed requirements the
City Council makes the following findings
a Strict enforcement of Richfield Zoning Code Subsection 544 27 Subd 1 would
cause a practical difficulty by requiring costly odor control equipment at a site that
has been a similar restaurant use for several decades and discontinued only
recently The Code establishes requirements for odor control equipment for
commercial kitchens that abut residential property and differentiates between new
and pre existing restaurant sites Because this space has been vacant for more than
one year all prior approvals for a restaurant have expired and the Code views this
as a new restaurant site rather than pre existing New restaurant sites must install
odor control equipment whereas pre existing sites are required to provide plans for
a professionally designed odor control remedy The applicant is requesting a
variance to be considered a pre existing site rather than a new restaurant site
Strict enforcement of Richfield Zoning Code Subsection 544 13 Subd 6 would
cause a practical difficulty The site as it exists today is in compliance with minimum
parking requirements However in 2018 Hennepin County will construct a
roundabout at the intersection of 66th Street and Nicollet Avenue requiring the
acquisition of right of way from this property This loss of property and subsequent
reconfiguring of the parking lot will result in a loss of approximately 13 parking
spaces Depending on the final configuration of the parking lot this will leave the
property anywhere from one to six spaces short of the minimum number required
b The intent of the odor control regulation is to protect neighbors from possible
nuisance created by cooking odors The restaurant use having been discontinued for
more than one year is a unique circumstance not created by the applicant Had this
restaurant user come in three months sooner they would have been considered a
pre existing site and odor control would not be required The pending loss of
parking spaces is a unique circumstance not created by the applicant
c Granting the requested variances will not alter the character of the neighborhood
The applicant will be required to comply with the odor control ordinance for pre
existing restaurant sites abutting residential property Subsequent complaints of odor
impacts may result in requiring that the planned odor control device be installed
With regards to parking adverse impacts are not anticipated On street parking is
allowed on 1st Avenue in the event there is a parking shortage However given the
existing mix of tenants in the shopping center staff does not anticipate that any
shortages will occur Furthermore the intersection of 66th Street and Nicollet
Avenue has the highest level of public transit service available in the City providing
a viable alternative to driving alone
d The variances requested are the minimum necessary to alleviate the practical
difficulties
e The proposed variances do not conflict with the purpose or intent of the Ordinance
or Comprehensive Plan
3 Based on the above findings a variance is hereby approved to regulate this use as a
pre existing restaurant site as described in Subsection 544 27 Subivision 1 Part c
The applicant shall provide plans for a professionally designed odor control remedy and
a statement by a structural engineer that the building design could accommodate the
planned odor control and associated screening in the future Subsequent complaints of
odor impacts may result in the requirement that the planned odor control device be
installed
4 Based on the above findings a variance is hereby approved to reduce the off street
parking requirement for the Subject Property to not less than 100 stalls
5 A conditional use permit is issued to allow a Class II traditional cafeteria restaurant as
described in City Council Letter No 74 on the Subject Property legally described
above
6 This conditional use permit is subject to the following conditions in addition to those
specified in Section 547 09 of the City s Zoning Ordinance
That the recipient of this conditional use permit record this Resolution with the
County pursuant to Minnesota Statutes Section 462 36 Subd 1 and the
City s Zoning Ordinance Section 547 09 Subd 8 A recorded copy of the
approved resolution must be submitted to the City prior to the issuance of an
occupancy permit
A revised complete site plan meeting all City requirements is required to be
submitted for approval by City staff within one year of this approval The
parking lot must be re striped in accordance with said plan including a
pedestrian connection substantially in compliance with Subsection 544 15
Bicycle parking for a minimum of 6 bikes 3 hoops posts is required near the
main entrance
The existing dumpster enclosure for the restaurant must be repaired to
comply with Subsection 544 05 and screening must be provided for the non
compliant dumpsters on the south side of the building All rooftop or ground
mechanical equipment must be screened per Subsection 544 05
Separate sign permits are required
The applicant is responsible for obtaining all required permits compliance
with all requirements detailed in the City s Administrative Review Committee
Report dated April 3 2017 and compliance with all other City and State
regulations
Prior to the issuance of an occupancy permit the applicant must submit a
surety equal to 125 of the value of any improvements and or requirements
not yet complete This surety shall be provided in the manner specified by
the Zoning Code
7 The conditional use permit and variances shall expire one year after issuance unless 1
the use for which the permit was granted has commenced or 2 Building permits have
been issued and substantial work performed or 3 Upon written request of the
applicant the Council extends the expiration date for an additional period not to exceed
one year Expiration is governed by the City Zoning Ordinance Section 547 09
Subdivision 9
8 This conditional use permit shall remain in effect for so long as conditions regulating it
are observed and the conditional use permit shall expire if normal operation of the use
has been discontinued for 12 or more months as required by the City s Zoning
Ordinance Section 547 09 Subd 10
Adopted by the City Council of the City of Richfield Minnesota this 9th day of May 2017
Pat Elliott Mayor
ATTEST
C Or Yar
Elizabe VanHoose City Clerk
AGENDA SECTION:OTHER BUSINESS
AGENDA ITEM #8.
STAFF RE P ORT NO. 43
CIT Y COUNCIL ME E T ING
3/12/2019
RE P O RT P RE PA RE D B Y: Jared Voto, E xecutive A ide/A nalyst
D E PA RTME NT D IRE C TO R RE V IE W: K atie Rodriguez, C ity Manager
3/5/2019
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: K atie Rodriguez, C ity Manager
3/5/2019
I T E M F O R C O UNC IL C O NS ID E RAT I O N:
Consideration of the appointment of one adult member to the Advisory Board of Health.
E X E C UT IV E S UM M ARY:
On February 14, a commissioner on the Advisory Board of Health submitted their resignation from the Board
because they were moving from Richfield.
During the December 2018/J anuary 2019 recruitment period for the advisory commissions, five residents
submitted applications and listed a preference for the Advisory Board of Health, but were not selected for
appointment to a commission. Staff emailed these applicants asking if they were still interested in serving on
the Commission and four applicants responded stating they were still interested in serving. A City Council
work session was held earlier tonight to review the applications and discuss appointment of an applicant.
RE C O M M E ND E D AC T I O N:
By motion: Appoint one person to the Advisory Board of Health with a term expiring on January 31,
2020.
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 information is contained in the Executive Summary.
B.P OL IC IE S (resolutions, ordinances, regulations, statutes, etc):
City advisory commissions were established by City ordinance or resolution.
These terms are less than one and one half years, so they are not considered a full term and do
not apply to the three term limit (City Code Section 305.01, subd. 3.).
C.C R IT IC AL T IMIN G IS S U E S:
Appointment should be made at the March 12, 2019, City Council meeting so the new member
may participate at the next commission meeting.
D.F IN AN C IAL IMPAC T:
N/A
E.L E GAL C ON S ID E R AT ION:
None
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 #9.
STAFF RE P ORT NO. 44
CIT Y COUNCIL ME E T ING
3/12/2019
RE P O RT P RE PA RE D B Y: K atie Rodriguez, C ity Manager
D E PA RTME NT D IRE C TO R RE V IE W: K atie Rodriguez, C ity Manager
3/6/2019
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: K atie Rodriguez, C ity Manager
3/6/2019
I T E M F O R C O UNC IL C O NS ID E RAT I O N:
Consideration to confirm the appointment of Amy Markle as Recreation Services Director for the City
of Richfield.
E X E C UT IV E S UM M ARY:
Staff conducted an internal recruitment to fill the position of Recreation Services Director following J im
Topitzhofer ’s retirement in December 2018.
The process was rigorous and consisted of the following:
Presentation to a panel of Recreation Services community partners including the chairs of Community
Services and the Arts Commissions, the F OW L Board and the Director of Community Education, on
how to work with our partners to adapt our programming and park amenities to changing demographics
and trends in the industry.
I nterviews with the City Manager, Assistant City Manager and Human Resources Manager that
included an in-basket assignment focused how to address the department’s infrastructure challenges.
The process was also very competitive with three qualified candidates who each would bring needed skills and
experience to the position. However, Ms. Markle demonstrated strong vision and a thoughtful, detailed
approach to addressing Recreation Services’ challenges and opportunities.
Ms. Markle has broad and deep experience in recreation having worked for 24 years at the local, state and
federal level. She has served as Program Coordinator at Wood Lake Nature Center for the last 15 years
which provides her with in-depth knowledge of Richfield’s history, current demographics, policies, and park
system. She has a Bachelor ’s degree in Resource Management-Environmental Education and I nterpretation
and Biology, and a Master ’s in Resource I nterpretation. She is also just finishing up her Doctorate of
Education and her dissertation focuses on best practices in public engagement and decision making in urban
park systems. She is also active in the Minnesota Recreation and Parks Association and served on the Board
of Directors of the Minnesota Association for Environmental Education.
RE C O M M E ND E D AC T I O N:
By motion: Confirm the appointment of Amy Markle as the Recreation Services Director 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
Historical Context 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:
The Recreation Services Department has been without a permanent Director since the retirement
of J im Topitzhofer.
Acting Director Kris W eiby has had to fulfill both the Director responsibilities and also his
responsibilities as Facilities Manager since December 2018.
D.F IN AN C IAL IMPAC T:
The 2019 Budget includes the funding necessary to provide for the salary and benefit
contributions as negotiated.
E.L E GAL C ON S ID E R AT ION:
According to Richfield's City Code, the City Council must approve the selection of Ms. Markle
before she is appointed Recreation Services Director.
ALTE R N AT IV E R E C O MME N D ATIO N(S):
The Council can reject the candidate 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