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06-23-2020 Complete AgendaREGULAR CITY COUNCIL MEETING VIRTUAL MEETING HELD VIA WEBEX JUNE 23, 2020 7:00 PM INTRODUCTORY PROCEEDINGS Call to order Pledge of Allegiance Open forum Each speaker is to keep their comment period to three minutes to allow sufficient time for others. Comments are to be an opportunity to address the Council must have submitted comments prior to the meeting to kwynn@richfieldmn.gov or by calling 612-861-9711. Approval of the Minutes of the (1) Special City Council and Staff Work Session of May 20, 2020; (2) Special City Council and Staff Work Session of June 10, 2020; (3)City Council Meeting of June 9, 2020; and (4) Special City Council Closed Session of June 17, 2020. PRESENTATIONS 1. Dr. Marc Jenkins Proclamation AGENDA APPROVAL 2. Approval of the Agenda 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. Consider the approval of the City of Richfield's Xcel Energy Partners in Energy Application submission. Staff Report No. 69 B. Continue the public hearing to consider the platting and vacation of easements at 6228 Penn Avenue South and 6200 Queen Avenue South (Lunds & Byerlys) to July 14, 2020. Staff Report No. 70 C. Consider the approval of first reading of a transitory ordinance vacating a right-of-way easement on property at 6228 Penn Avenue South (Lunds) and schedule a public hearing and second reading for July 14, 2020. Staff Report No. 71 4. Consideration of items, if any, removed from Consent Calendar R E S O L U T IO N S 5.C onsider the approval of a resolution authorizing the lawful gambling premises permit by F irefighters F or Healing, to conduct lawful gambling at S andy's Tavern, 6612 P enn Avenue S outh. S taff Report No. 72 C IT Y MAN AG E R’S R E P O R T 6.C ity Manager's Report C LAIMS AN D PAYR O L LS 7.C laims and P ayroll C O U N C IL D ISC U SSIO N 8.Hats Off to Hometown Hits 9.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 City Council Work Session Virtual meeting held via WebEx May 20, 2020 CALL TO ORDER The meeting was called to order by Mayor Regan Gonzalez at 4:00 p.m. held via WebEx Council Members Maria Regan Gonzalez, Mayor; Edwina Garcia; Mary Supple; Simon Present: Trautmann; and Ben Whalen. Staff Present: Katie Rodriguez, City Manager; Pam Dmytrenko, Assistant City Manager/Administrative Services Director; Amy Markle, Recreation Services Director; Bill Fillmore, Liquor Operations Director; Chris Regis, Finance Director; Jay Henthorne, Chief of Police/Public Safety Director; John Stark, Community Development Director; Kristin Asher, Public Works Director; Wayne Kewitsch, Fire Chief; Neil Ruhland, Communication and Engagement Manager; Blanca Martinez Gavina, Executive Analyst Others Present: Lisa Sorensen, Sorensen Consulting Item #1 COUNCIL-STAFF RETREAT Lisa Sorensen, Sorensen Consulting, lead a facilitated discussion with City Council and City staff regarding goals and objectives. ADJOURNMENT The work session was adjourned by unanimous consent at 7:20 p.m. Date Approved: June 23, 2020 Maria Regan Gonzalez Mayor Kelly Wynn Katie Rodriguez Senior Office Assistant City Manager CITY COUNCIL MEETING MINUTES Richfield, Minnesota Special City Council Work Session Virtual meeting held via WebEx June 10, 2020 CALL TO ORDER The meeting was called to order by Mayor Regan Gonzalez at 4:00 p.m. held via WebEx Council Members Maria Regan Gonzalez, Mayor; Edwina Garcia; Mary Supple; Simon Present: Trautmann; and Ben Whalen. Staff Present: Katie Rodriguez, City Manager; Pam Dmytrenko, Assistant City Manager/Administrative Services Director; Amy Markle, Recreation Services Director; Bill Fillmore, Liquor Operations Director; Chris Regis, Finance Director; Jay Henthorne, Chief of Police/Public Safety Director; John Stark, Community Development Director; Kristin Asher, Public Works Director; Wayne Kewitsch, Fire Chief; Neil Ruhland, Communication and Engagement Manager; Blanca Martinez Gavina, Executive Analyst Others Present: Lisa Sorensen, Sorensen Consulting Item #1 COUNCIL-STAFF RETREAT Lisa Sorensen, Sorensen Consulting, lead a facilitated follow up discussion with City Council and City staff regarding goals and objectives from the May 20, 2020 meeting. ADJOURNMENT The work session was adjourned by unanimous consent at 7:12 Date Approved: June 23, 2020 Maria Regan Gonzalez Mayor Kelly Wynn Katie Rodriguez Senior Office Assistant City Manager CITY COUNCIL MEETING MINUTES Richfield, Minnesota Special City Council Closed Session Virtual Meeting held via WebEx June 17, 2020 CALL TO ORDER The meeting was called to order by Mayor Regan Gonzalez at 4:00 p.m. Council Members Maria Regan Gonzalez, Mayor; Mary Supple; Simon Trautmann; Present: and Ben Whalen Council Members Edwina Garcia Absent: Staff Present: Katie Rodriguez, City Manager; Pam Dmytrenko, Assistant City Manager; Jay Henthorne, Public Safety Director; and Mary Tietjen, City Attorney Others Present: Jason Hiveley, Defense Council ITEM #1 PENDING LITIGATION COUNCIL DISCUSSION City Attorney Tietjen presented the attorney-client privilege discussion relating to a lawsuit that has been commenced regarding the wrongful death of Brian Quinones. M/Trautmann, S/Supple to move into a closed session. Mayor Regan Gonzalez took roll call vote: Whalen: AYE Supple: AYE Trautmann: AYE Regan Gonzalez: AYE Motion carried 4-0 ADJOURNMENT M/Trautmann, S/Supple to adjourn the session at 5:58 pm. Whalen: AYE Supple: AYE Trautmann: AYE Special City Council Meeting Minutes -2- February 15, 2019 Regan Gonzalez: AYE Motion carried 4-0 Date Approved: June 23, 2020 Maria Regan Gonzalez Mayor Kelly Wynn Katie Rodriguez Senior Office Assistant City Manager AGENDA SECTION:PRESENTATIONS AGENDA ITEM #1. CIT Y COUNCIL ME E T ING 6/23/2020 RE P O RT P RE PA RE D B Y: D E PA RTME NT D IRE C TO R RE V IE W: O THE R D E PA RTM E NT RE V IE W: C ITY MA NA G E R RE V IE W: I T E M F O R C O UNC IL C O NS ID E RAT I O N: Dr. Marc Jenkins Proclamation E X E C UT IV E S UM M ARY: RE C O M M E ND E D AC T I O N: 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 B.P OL IC IE S (resolutions, ordinances, regulations, statutes, etc): C.C R IT IC AL T IMIN G IS S U E S: D.F IN AN C IAL IMPAC T: E.L E GAL C ON S ID E R AT ION: ALTE R N AT IV E R E C O MME N D ATIO N(S): P R IN C IPAL PAR TIE S E X P E C TE D AT ME E TIN G: AGENDA SECTION:CONSENT CALENDAR AGENDA ITEM #3.A. STAFF RE P ORT NO. 69 CIT Y COUNCIL ME E T ING 6/23/2020 RE P O RT P RE PA RE D B Y: Rachel L indholm, S ustainability S pecialist D E PA RTME NT D IRE C TO R RE V IE W: A my Markle, Recreation S ervices D irector 6/16/2020 O THE R D E PA RTM E NT RE V IE W: C ITY MA NA G E R RE V IE W: K atie Rodriguez, C ity Manager 6/17/2020 I T E M F O R C O UNC IL C O NS ID E RAT I O N: Consider the approval of the City of Richfield's Xcel Energy Partners in Energy Application submission. E X E C UT IV E S UM M ARY: Energy usage accounts for the second highest source of greenhouse gas emissions behind transportation. There are many changes that everyone can make at home, work, school, and elsewhere to consume energy more efficiently and to be aware of their consumption. As Richfield's electricity provider, participating in Xcel Energy's Partners in Energy program would give the City an opportunity to develop a targeted plan to work on achieving specific energy related goals with different stakeholders across the city. This would help lower electricity bills, reduce electricity usage, and improve energy efficiency and contribute to general sustainability efforts. RE C O M M E ND E D AC T I O N: By Motion: Approve the submission of an application for Xcel Energy's Partners in Energy program. 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 Richfield has long participated in programs promoting energy efficiency to residents, like the Home Energy Squad Enhanced program, through which hundreds of Richfield households have installed energy efficient fixtures and appliances. Municipal energy efficiency efforts have included installation of high efficiency equipment at the water plant, transitioning to L E D fixtures at Public Works, the W ater Plant, the Pool, other city buildings, and all stoplights in the city. Staff continue to work to benchmark the energy usage of municipal buildings to understand where energy usage can be decreased and money can be saved. T hese are just a few examples of the commitment Richfield has shown to energy efficiency and reducing energy usage, an area that accounts for a high percentage of greenhouse gas emissions. To share more resources and opportunities with residents, businesses, organizations, and municipal operations, Richfield hopes to participate in Partners in Energy to craft an energy action plan tailored to Richfield's goals. B.P OL IC IE S (resolutions, ordinances, regulations, statutes, etc): There are no relevant policies at this time. C.C R IT IC AL T IMIN G IS S U E S: The Partners in Energy program application is due J uly 15th. All application submissions and supporting documents need approval by City Council at the J une 23rd Council meeting. D.F IN AN C IAL IMPAC T: I f accepted, Partners in Energy will fund some miscellaneous costs (including printing of literature) for Richfield's project initiatives. Richfield's Communications Department has already agreed to contribute some funding and the Recreation Department has as well. E.L E GAL C ON S ID E R AT ION: There are no legal considerations for this item. ALTE R N AT IV E R E C O MME N D ATIO N(S): Reject the program application and potentially miss an opportunity to develop an energy action plan with Xcel Energy and share energy efficiency resources and education with residents and businesses. P R IN C IPAL PAR TIE S E X P E C TE D AT ME E TIN G: AT TAC H ME N T S: D escription Type Richfield P artners in E nergy A pplication B ackup Material Page 1 of 6 19-09-526 Colorado | Minnesota Application Partners in Energy More communities are realizing energy planning plays a critical role in helping them reach their energy goals. The benefits of wise energy choices are diverse. Through collaborative work with citizens, businesses, and governments, a community can shave dollars off utility bills, promote renewable energy, drive resource conservation, and contribute to greenhouse gas reduction goals. Since 2014, Partners in Energy has been helping communities gather these stakeholders to develop and implement energy action plans that address the challenges of local energy priorities with actionable strategies and resources. In addition to offering support for community-based energy action plan development and implementation, Partners in Energy is evolving to include a broader spectrum of community engagement that includes supporting returning Partners in Energy communities as they define new goals and strategies, working with communities that have existing energy goals and strategies but need help implementing them, supporting smaller communities or geographic areas (i.e., districts or neighborhoods) that may benefit from a more tailored approach, or even convening collaborations that don’t fit the traditional definition of a community but are focused on increased efficiency and renewable energy opportunities in unusual settings. Partners in Energy continues to offer tools, data, and expertise to help communities analyze their energy trends, establish energy goals, identify energy strategies, and implement their energy priorities. Through the Partners in Energy process, Xcel Energy supports communities in convening stakeholders to develop custom roadmaps to achieve their energy goals. Xcel Energy also helps communities implement their energy strategies. The planning and implementation process is tailored to the unique needs and priorities of each community. Accepted communities will participate in a scoping meeting to determine the pathway that best aligns with your community’s interests and capabilities. Partners in Energy is offered at no cost to participating communities in Colorado and Minnesota, with the expectation that both Xcel Energy and the community will invest in the process. This investment includes staff and financial resources from Xcel Energy during both the planning and implementation phases. It also includes community staff time during both the planning and implementation phases and your community’s plan may require financial support to implement strategies. Page 2 of 6 19-09-526 Partners in Energy Application Partners in Energy 800.369.4362 Colorado | Minnesota Xcel Energy wants to work with motivated, engaged, and action-oriented communities and champions who are willing to commit to the process and the outcomes. This application will help us better determine good community alignment for our limited, but valuable, resources. While completing the application does not guarantee acceptance as a participant, your application will be evaluated against other applicants using criteria that include, but may not be limited to, community size and structure, planning experience, stakeholder capacity, available resources (staff and otherwise), and willingness to share results publicly. If you have questions about the application or the opportunity, please visit xcelenergy.com/PartnersInEnergy, email us at PartnersInEnergy@xcelenergy.com or call 800.369.4362. Applications will be accepted two times per year—January and July. Return this application by 5:00 p.m. CST on the 15th of the month in January or July. We reserve the right to cancel any or all application cycles at the sole discretion of Xcel Energy. Qualifying customers Communities in Colorado and Minnesota with retail energy services from Xcel Energy qualify to participate in Partners in Energy. Community customer information Company name Community jurisdiction (e.g., city, association, partnerships, county): _____________________________________________________________________ Contact name _____________________________________________________________________________________________________________ Title Phone Address _________________________________________________________________________________________________________________ City Email Community profile Approximate business count Approximate household count Approximate population Approximate area in square miles Would you be able to provide a GIS a shapefile of your community that would define the geographic boundaries of the area? Yes No Current community energy-related utility providers (e.g. gas service providers) 1) Name of company Fuel type Area served 2) Name of company Fuel type Area served 3) Name of company Fuel type Area served Page 3 of 6 19-09-526 Partners in Energy Application Partners in Energy 800.369.4362 Colorado | Minnesota Interest in Partners in Energy Describe your interest in Partners in Energy and how you think Partners in Energy could provide value. What is/are the most pressing energy-related issue(s) facing your community today? If you’re accepted as a participant in Partners in Energy, what additional approvals within your community would you need to obtain prior to starting? (examples: City Council, City Manager, Sustainability Commission, etc.) Page 4 of 6 19-09-526 Partners in Energy Application Partners in Energy 800.369.4362 Colorado | Minnesota Planning and energy management experience Does your community currently have any sustainability or energy plans, policies, codes, regulations or initiatives? If yes, please identify them and indicate the date(s) they were last revised. (Describe your interest in Partners in Energy and how you think Partners in Energy could provide value.) Describe any energy programs or energy management activities your community has participated in over the past two years. Please include goals/targets and results if applicable. This can include initiatives to track energy use in any part of your community (e.g., public buildings), a neighborhood energy challenge, etc. If you have participated in Partners in Energy before, what strategies would you like to pursue with additional support from Partners in Energy, and why? Additionally, please explain if your community is already engaged with Xcel Energy in other ways. Community resources and commitment Please indicate who in your community would be the point person (or people) to manage your Partners in Energy participation and describe his/her/their applicable experience and background relative to planning, energy and /or sustainability. Describe his/her/their availability to support this initiative through both strategy development and implementation (include multiple people as applicable for each stage). Describe whether they are paid staff or volunteers and the extent to which managing and/or implementing energy or sustainability initiatives is a component of their job duties. Page 5 of 6 19-09-526 Partners in Energy Application Partners in Energy 800.369.4362 Colorado | Minnesota While Partners in Energy is offered to communities at no cost, communities are responsible for expenses associated with implementation. Does your community have staff, volunteer, budget or other funding resources to implement the energy initiatives that will be identified in the Partners in Energy process? Yes No If yes, please describe. Community involvement One of the keys of Partners in Energy is engaging representatives from your community to participate in developing and implementing strategies to meet your community goals. These representatives should be varied and willing to commit their time to the process. They may include city or town staff members, business association representatives, large local business representatives, local nonprofit staff members, school district staff members, county government officials, etc. Please describe who from the community you would anticipate engaging in developing your energy strategies. (Please list six to eight possible representatives.) Partners in Energy is designed to promote communities learning from each other and sharing best practices. Are you willing to share your community work through Partners in Energy with community members and other participating communities? Will you allow your final work products to be shared publicly? Yes No If no, please explain. xcelenergy.com | © 2019 Xcel Energy Inc. | Xcel Energy is a registered trademark of Xcel Energy Inc. | 19-09-526 Partners in Energy Application Partners in Energy 800.369.4362 Colorado | Minnesota Is there anything else you would like us to consider when evaluating your application? Customer declaration I certify that the information in this application is accurate and complete and I am authorized to make this application on behalf of my community. Your signature confirms your community is interested in participating in Partners in Energy and is willing to enter into a Memorandum of Understanding with Xcel Energy that will define responsibilities and expectations of both parties. Community name Contact name Title By checking the box and indicating my name below, I am signing this application in declaration of its accuracy. Name Title AGENDA SECTION:CONSENT CALENDAR AGENDA ITEM #3.B. STAFF RE P ORT NO. 70 CIT Y COUNCIL ME E T ING 6/23/2020 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, E xecutive D irector 6/17/2020 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 6/17/2020 I T E M F O R C O UNC IL C O NS ID E RAT I O N: Continue the public hearing to consider the platting and vacation of easements at 6228 Penn Avenue South and 6200 Queen Avenue South (Lunds & Byerlys) to July 14, 2020. E X E C UT IV E S UM M ARY: I n conjunction with an application for a multi-family development in the existing parking lot of the Lunds and Byerlys grocery store on at 6228 Penn Avenue South, the property owner will be platting the site and requesting the vacation of abandoned right-of-way therein. Given that the property is located along both County and Mn-D OT right-of-way, both entities must review the plat. This review process is ongoing and is anticipated to be complete in time for a public hearing on J uly 14. 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: Continue the public hearing to consider a resolution for a plat of the "Lunds of Richfield" and the vacation of easements to July 14, 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 N/A 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 plat application was received on April 29, 2020. The Council must render a decision by August 27, 2020. 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: N/A AGENDA SECTION:CONSENT CALENDAR AGENDA ITEM #3.C. STAFF RE P ORT NO. 71 CIT Y COUNCIL ME E T ING 6/23/2020 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, E xecutive D irector 6/17/2020 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 6/17/2020 I T E M F O R C O UNC IL C O NS ID E RAT I O N: Consider the approval of first reading of a transitory ordinance vacating a right-of-way easement on property at 6228 Penn Avenue South (Lunds) and schedule a public hearing and second reading for July 14, 2020. E X E C UT IV E S UM M ARY: I n 1967, when the Lunds grocery store was being constructed, the City deeded the Queen Avenue right-of- way between their two parcels to Lunds. I t is unclear why the City did not vacate this right-of-way easement at that same time; however, now, as Lunds prepares to plat their property to allow construction of a new apartment building in the northwest corner of the property, both the City and Lunds agree that this easement should be vacated. RE C O M M E ND E D AC T I O N: By motion: Approve first reading of a transitory ordinance vacating a right-of-way easement on property at 6228 Penn Avenue South and schedule a public hearing and second reading for July 14, 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 The City historically vacates right-of-way easements as a matter of policy, whenever that easement does not contain any current or planned roadway infrastructure. B.P OL IC IE S (resolutions, ordinances, regulations, statutes, etc): The City Council may vacate public easements in accordance with MN Statutes 412.851. On April 29, 2020, the City received an application requesting vacation of this easement. Public utility companies are given the opportunity to review the proposed vacation and any necessary utility easement(s) will be preserved. 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 was received on April 29, 2020. The Applicant has been made aware the the City will process this vacation request alongside the request for consideration of a Final Plat and that the deadline has been extended to 120 days (August 27, 2020). D.F IN AN C IAL IMPAC T: None E.L E GAL C ON S ID E R AT ION: The City Attorney has reviewed the proposed vacation and plat. 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 D raft Transitory Ordinance Ordinance P reliminary P lat E xhibit DRAFT BILL NO. TRANSITORY ORDINANCE NO. AN ORDINANCE VACATING PUBLIC RIGHT-OF-WAY EASEMENTS OVER 6228 PENN AVENUE SOUTH 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”): The West 30 feet of the South 150 feet of the North 350 feet of the east 330 feet of the Northeast Quarter of the Northeast Quarter of Section 29, Township 28, Range 24, as described in Quit Claim Deed Document Number T661295. Sec. 2: The City of Richfield transferred ownership of the described lands, via Quit Claim Deed Document Number T661295 dated December 28, 1967, to Lunds R E Holdings LLC and the property was developed as a grocery store and parking lot. 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: _____ 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: _______ 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 June 23, 2020 and second reading on July 14, 2020. Legal notice was published in the City’s official newspaper as required by ordinance. Sec. 8: The Street Easement is vacated conditioned upon: ______ Sec. 9: The vacation of the Street Easement is effective 30 days following publication of the ordinance. The ordinance will be published after a plat has been approved by the City Council. 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, following publication. Passed by the City Council of the City of Richfield, Minnesota this 14th day of July, 2020 Maria Regan Gonzalez, Mayor ATTEST: Elizabeth VanHoose, City Clerk PENN AVE. SOUTH WEST 62ND ST.HWY 62 OFF-RAMPN0°14'23"W 482.90 N0°14'17"W 457.55 S89°35'24"E 300.02S0°14'18"E25.00S89°35'23"E 194.01LOT 2LOT 1BLOCK 1S89°37'50"E 494.02R.T. DOC. NO.C.R. DOC. NO.LEGEND 6228 PENN AVE SRICHFIELD, MN 55423AND6200 QUEEN AVE S.RICHFIELD, MN 55423PRESENT ADDRESSESParcel 1: The East 158 feet of the South 160 feet of the North 1/2 of the East 3/8 of the Northeast Quarter of theNortheast Quarter of Section 29, Township 28, Range 24.Parcel 2: The East 330 feet of the North 1/2 of the North 1/2 of the Northeast Quarter,Except the North 175 feet thereof,Except the South 25 feet of the North 200 feet of the East 300 feet of said Northeast Quarter and except the East158 feet of the South 160 feet of the North 1/2 of the East 3/8 of the Northeast Quarter of the Northeast Quarter;all in Section 29, Township 28, Range 24.Certificate of Title, Certificate Number: 845282Being Torrens LandAnd, the North 1/2 of the East 3/8 of the East 1/2 of the North 1/2 of Northeast Quarter;Except the North 175 feet thereof, and Except the East 330 feet thereof, Section 29, Township 28, Range 24.Certificate of Title, Certificate Number: 848433Being Torrens LandLEGAL DESCRIPTION OF PROPERTY TO BE PLATTEDTOTAL AREA TO BE PLATTED INCLUDING RIGHT-OF-WAY = 230,961 S.F. OR 5.302 ACRESAREASLOT AREAS TO BE PLATTED:LOT 1, BLOCK 1 = 139,587 S.F. OR 3.204 ACRESLOT 2, BLOCK 1 = 73,988 S.F. OR 1.699 ACRESPENN AVENUE SOUTH TO BE DEDICATED = 17,387 S.F. OR 0.399 ACRESWENCK ASSOCIATES,1800 PIONEER CREEK CENTER,MINNETONKA, MNGARY BJORKLUND, MN.LICENSE NUMBER 46563LAND SURVEYOROCTOBER 14, 2019DATE OF PRELIMINARY PLAT TAXPAYER / PROPERTY OWNERLUND REAL ESTATE HOLDINGS, LLC, A MINNESOTA LTD. LIABILITY CO, WHOSE ADDRESS IS:4100 50TH STREET WEST #2100, EDINA, MINNESOTA, 55424LUNDS OF RICHFIELD PRELIMINARY PLAT OF AGENDA SECTION:RESOLUTIONS AGENDA ITEM #5. STAFF RE P ORT NO. 72 CIT Y COUNCIL ME E T ING 6/23/2020 RE P O RT P RE PA RE D B Y: Jennifer A nderson, S upport S ervices Manager 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 O THE R D E PA RTM E NT RE V IE W: C ITY MA NA G E R RE V IE W: I T E M F O R C O UNC IL C O NS ID E RAT I O N: Consider the approval of a resolution authorizing the lawful gambling premises permit by Firefighters For Healing, to conduct lawful gambling at Sandy's Tavern, 6612 Penn Avenue South. E X E C UT IV E S UM M ARY: On May 12, 2020, the City received an application for a premises permit to be submitted to the Minnesota State Gambling Control Board by Firefighters For Healing, to conduct lawful gambling at Sandy's Tavern, 6612 Penn Avenue South. Firefighters For Healing (F F H) is a non-profit organization founded in 2010. FFH's goals are to support burn survivors and their families, as well as firefighters and first responders injured in the line of duty and in need of therapy. FFH plan to use the proceeds from their Lawful Gambling activities to support the operational expense of their current transitional housing apartment facilities, and the designated Transitional Housing and Care Center currently being developed and planned for completion in 2021. T he Public Safety Director has reviewed the background information and documents and approves of its contents and sees no basis for denial. RE C O M M E ND E D AC T I O N: By motion: Adopt the resolution approving the lawful gambling premises permit application by Firefighters For Healing, to conduct lawful gambling at Sandy's Tavern, 6612 Penn Avenue South. 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 On May 12, 2020, the City received an application for a premises permit to be submitted to the Minnesota State Gambling Control Board by Firefighters For Healing, to conduct lawful gambling at Sandy's Tavern, 6612 Penn Avenue South. A Public Safety background investigation was completed. T he Public Safety Director has reviewed the information in the background investigation report. T here is no information in the investigation that shows any cause for recommending denial of the requested license. B.P OL IC IE S (resolutions, ordinances, regulations, statutes, etc): Richfield City Code 1100.13 requires the Public Safety Department to review the request for the gambling license and make its review and recommendation to the City Council. C.C R IT IC AL T IMIN G IS S U E S: The Minnesota Gambling Control Board approves permit applications at the beginning of each month. I f the Council adopts the resolution at the meeting on J une 23, 2020, Firefighters For Healing could potentially begin operation and management of the gambling activity at Sandy's Tavern after J uly 1, 2020 or when restrictions are lifted due to Covid-19. Otherwise, the applicant would be required to wait until August 1, 2020. D.F IN AN C IAL IMPAC T: There is no financial impact. E.L E GAL C ON S ID E R AT ION: There are no legal considerations. ALTE R N AT IV E R E C O MME N D ATIO N(S): The City Council could deny the request for the premises permit for Firefighters For Healing. This would mean the applicant would not be able to conduct gambling activities at Sandy's Tavern. P R IN C IPAL PAR TIE S E X P E C TE D AT ME E TIN G: Ron J ohnson, Gambling Manager for Firefighters for Healing has been informed of the date and time for the Council meeting. AT TAC H ME N T S: D escription Type Resolution - S andy's Tavern C over Memo RESOLUTION NO. ____ A RESOLUTION APPROVING THE LAWFUL GAMBLING PREMISES PERMIT APPLICATION FOR FIREFIGHTERS FOR HEALING TO CONDUCT LAWFUL GAMBLING AT SANDY’S TAVERN AT 6612 PENN AVENUE SOUTH WHEREAS, the Firefighters for Healing is submitting an application to the Minnesota Gambling Control Board for approval of a Premises Permit application to conduct lawful charitable gambling at Sandy’s Tavern at 6612 Penn Avenue South, Richfield, MN; and WHEREAS, the gambling premises is located within the City limits of Richfield, Minnesota; and WHEREAS, the Firefighters for Healing is a lawful gambling organization within the City; and WHEREAS, the Firefighters for Healing will be responsible for operating and managing the lawful gambling activity at the Sandy’s Tavern site and will comply with all applicable requirements of city code and state statutes. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield, Minnesota that the City Council does hereby approve the issuance of a Premises Permit to the Firefighters for Healing to conduct lawful charitable gambling activities at Sandy’s Tavern at 6612 Penn Avenue South, Richfield, Minnesota. Adopted by the City Council of the City of Richfield, Minnesota this 23rd day of June 2020. Maria Regan Gonzalez, Mayor ATTEST: Elizabeth VanHoose, City Clerk