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03-22-2022 City Council AgendaREGULAR CITY COUNCIL MEETING VIRTUAL MEETING HELD VIA WEBEX MARCH 22, 2022 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. Individuals who wish to address the Council may call 612-861-0651 during the live meeting or email comments ahead of the meeting to kwynn@richfieldmn.gov. Approve the Minutes of the (1) Special City Council Work Session of March 7, 2022; (2) Joint Council, HRA and Planning Commission Work Session of March 8, 2022; (3) Regular City Council Meeting of March 8, 2022; and (4) Special City Council Work Session of March 15, 2022. AGENDA APPROVAL 1.Approval of the Agenda 2.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 a resolution approving a request for a Conditional Use Permit to allow a Class III restaurant (fast food/convenience restaurant) at 4 - 66th Street East (Richfield Shoppes). Staff Report No. 42 B.Consider the approval of a bid tabulation and award of contract to Park Construction Co. for the 2022 Concrete and Mill and Overlay Project in the amount of $320,771.38 and authorize the City Manager to approve contract changes under $175,000 without further City Council consideration. Staff Report No. 43 C.Consider a resolution of support for the development of affordable, supportive housing for people with the lowest incomes on the property located at 6613-25 Portland Avenue. Staff Report No. 44 D.First reading of transitory ordinance providing funding for certain capital improvements from the Liquor Contribution Special Revenue Fund. Staff Report No. 45 E.Consider approval of a service level agreement with Dialog One, LLC for translation and Interpretation services. Staff Report No. 46 F. Consider the approval of both a sidewalk and utility easement and a temporary construction easement at Nicollet Avenue and 70th Street with Hennepin County so intersection upgrades can be completed. Staff Report No. 47 G. City Coalition Letter Commenting on Xcel Energy's 2020-2031 Integrated Distribution Plan Staff Report No. 48 3. Consideration of items, if any, removed from Consent Calendar PUBLIC HEARINGS 4. Public hearing and second reading of the transitory ordinance to reaffirm ward boundaries to conform to redistricting requirements pursuant to Minnesota Statutes and City Charter and consideration of a resolution establishing precinct boundaries and polling locations. Staff Report No. 49 RESOLUTIONS 5. Consider a request for an amended Planned Unit Development, Final Development Plan, and Conditional Use Permit to allow construction of a building addition to an elementary school at 6500 Nicollet Avenue South. Staff Report No. 50 OTHER BUSINESS 6. Consider City Council's approval of the Mayor's appointment of two Housing and Redevelopment Authority (HRA) Commissioners. Staff Report No. 51 7. Consider an appropriation of American Rescue Plan Act funding to Volunteers Enlisted to Assist People and Cornerstone to serve immediate housing and safety needs of community members negatively impacted by the COVID-19 pandemic. Staff Report No. 52 CITY MANAGER’S REPORT 8. City Manager's Report CLAIMS AND PAYROLLS 9. Claims and Payroll COUNCIL DISCUSSION 10. Hats Off to Hometown Hits 11. Adjournment 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 612-861-9739. ADJOURNMENT CITY COUNCIL MEETING MINUTES Richfield, Minnesota Special City Council Work Session March 7, 2022 The work session was called to order by Council Member Regan Gonzalez at 5:00 p.m. held virtually via WebEx. Council Members Maria Regan Gonzalez, Mayor; Mary Supple; Simon Trautmann; Ben Whalen; Present: and Sean Hayford Oleary Staff Present: Kelly Wynn, Administrative Assistant Item #1 MEETING WITH APPLICANTS OF THE CITY’S HOUSING AND REDEVELOPMENT AUTHORITY The City Council held a meeting with the following applicants for appointment to City Housing and Redevelopment Authority: Gordon Hanson The work session was adjourned by unanimous consent at 6:22 p.m. Date Approved: March 22, 2022 Maria Regan Gonzalez Mayor Kelly Wynn Katie Rodriguez Administrative Assistant City Manager CALL TO ORDER CITY COUNCIL MEETING MINUTES Richfield, Minnesota Concurrent City Council, HRA, and Planning Commission Work Session Virtual via WebEx March 8, 2022 CALL TO ORDER The meeting was called to order by Mayor Regan Gonzalez at 6:00 p.m. virtually via WebEx. Council Members Present: Maria Regan Gonzalez, Mayor; Mary Supple; Simon Trautmann; Sean Hayford Oleary; and Ben Whalen Council Members Absent: None HRA Members Present: Mary Supple, Chair; Maria Regan Gonzalez; Lee Ohnesorge HRA Members Absent: Erin Vrieze Daniels; and Sue Sandahl Planning Commission Members Present: Kathryn Quam, Chair; Gordon Hanson; Eddie Holmvig-Johnson; James Rudolph; Brendan Kennealy; Brett Stursa; and Ben Surma Planning Commission Members Absent: None. Staff Present: Melissa Poehlman, Community Development Director; Julie Urban, Assistant Community Development Director; Chris Swanson, Management Analyst; Sack Thongvanh, Assistant City Manager; and Kari Sinning, City Clerk Others Present: Kirsten Spreck, Director of Housing at Beacon Interfaith Housing Collaborative; Ricky Kamil, Congregational Organizer for Beacon Interfaith Housing Collaborative; Paul Mellblom, Architect at MSR Design; Ben Drew; ITEM #1 PROPOSAL BY BEACON INTERFAITH HOUSING COLLABORATIVE TO DEVELOP UP TO 40 UNITS OF SUPPORTIVE HOUSING ON THE PORTLAND AVENUE ROUNDABOUT REMNANT PARCELS (6613-25 PORTLAND AVENUE). Mayor Regan Gonzalez introduced Community Development Director Poehlman who gave a brief overview of the property. Community Development Director Poehlman then introduced Assistant Community Development Director Urban who read aloud Work Session Staff Report No. 7. Assistant Community Development Director Urban introduced Kirsten Spreck, Director of Housing for Beacon Interfaith Housing Collaborative. Kirsten Spreck gave a presentation that described the housing that is proposed and the need for that type of housing. Council Work Session Minutes -2- March 8, 2022 Council Member Trautmann thanked Kirsten Spreck for the presentation and asked about which communities Beacon has been working with in the City and also the organizations that they have partnered with. Kirsten Spreck stated that they have been in contact with MICC and shared that Beacon is more focused on those young adults with neurodiversity that do not have the financial or family support. A Congregational Organizer for Beacon, Ricky Kamil, stated that Woodlake Lutheran Church is a part of the collaborative and that other area churches that want to see more deeply affordable housing for the neurodivergent community in Richfield. Council Member Whalen stated that he is generally supportive of the project and asked about the difference between efficiency and studio apartments and the need for this type of housing for this community. Kirsten Spreck stated that efficiency and studio are one in the same and explained that this type of housing has helped youth and young adults experiencing homelessness or financial hardship to get stabilized and find employment or further their educations. An architect from MSR, Paul Mellblom, explained that the trauma that people face with homelessness and other traumas can affect how people want to live and they might feel more comfortable having a one room apartment than a multi-room apartment and shared that the efficiency apartments would be around 450 square feet. Council Member Supple shared her experience touring the 66 West site and she questioned the density for this site. Kirsten Spreck explained the cost-benefit analysis for this proposal. Council Member Supple stated her support if this project is similar to the 66 West project as there is a great need for it in the community. HRA Commissioner Ohnesorge thanked Beacon for bringing this project proposal and asked about accessible units and zero threshold showers. Kirsten Spreck st ated that there would likely be accessible units on every floor. Paul Mellblom shared that per building code they are required to have an elevator be accessible to all residents and all stairwells and doorways would meet ADA compliancy and 2% of the units would have to have hearing and/or visual aids. Kirsten Spreck shared that Beacon is dedicated to providing housing to persons with disabilities. Council Member Hayford Oleary shared his support in this site being high density residential as smaller unit density projects have not suited this site well and also shared his thoughts regarding fair parking reduction practices for projects that are along major transit lines. Council Member Hayford Oleary expressed optimism for the project to move forward for the community. Council Member Trautmann appreciated the comments made by Council Member Hayford Oleary and questioned the services provided for those that are transitioning out of homelessness. He shared Richfield community organizations that would appreciate the opportunity to be a community presence. Kirsten Spreck stated that each building is intended to meet the needs of the residents and depending on the residents the services provided can differ. Planning Commissioner Kennealy agreed with the comments made by the City Council Members and questioned the number of parking stalls compared to the 66 West site and the zoning this area to high density without affecting the rest of the neighborhood. Community Development Director Poehlman stated that the comprehensive plan would need to be reassessed as the project would move forward. Planning Commissioner Rudolph expressed excitement for the project and shared a curiosity of the hurdles that the project would need to overcome as it moves forward with respect to the lot size. Kirsten Spreck stated that the project is in line with zoning for setbacks and height which would allow for outdoor amenities for the residents. Planning Commissioner Chair Quam asked why there is an efficiency limitation in medium density housing to which Community Development Director Poehlman explained the history of the code and how it has affected Richfield’s growth. Planning Commissioner Chair Quam also asked Council Work Session Minutes -3- March 8, 2022 about the availability of units for people with disabilities and what the proposed look of the building would be like. Kirsten Spreck stated that they have not finalized the number of units that would be available as it is dependent upon research of the need in the area and also stated that the look of the building is unknown at this time since this is a preliminary proposal however the Richfield community and staff would be involved in the exterior look of the building. Planning Commissioner Holmvig-Johnson shared concern about the long term conditions of the building. Kirsten Spreck stated the accountability to provide quality housing in the long run and Beacon reinvests in their properties to keep them in good condition for the residents. Council Member Whalen referred back to Commissioner Kennealy’s question of the number of parking stalls compared to the 66 West site. Kirsten Spreck stated that in the last few years they have created parking below grade to offer more of a safe environment and that the proposed 25 stalls is meant to be more proactive and can be discussed. Planning Commissioner Hanson suggested that since the parking stalls at the other properties are not being used to their full advantage that the extra parking space could be used for a recreational space for the residents. Kirsten Spreck thanked Commissioner Hanson for that suggestion and stated that they will bring that idea back to the design team. Mayor Regan Gonzalez expressed excitement and support for this project and appreciated the comments and questions from Council and Commissioners. She also thanked the presenters for the proposal. Council Member Supple asked if there is an age restriction on the service. Kirst en Spreck explained that young adults between the age of 18 and 24 would be prioritized and stated that this is permanent supportive housing which does not put a time limit on a person’s residency. Community Development Director Poehlman stated that the commercial property next door does have interest in the property however she will relay that the policymakers are generally supportive of this possibility. Assistant Community Development Director Urban summarized the discussion and stated the next steps:  General consensus of approval for the high density  25 parking stalls might be too much for this project  Beacon is a thoughtful provider and trying to meet the needs of the people they are serving  Financially, this project would need the help of the HRA and additional funding which would be discussed as the project moves forward. ADJOURNMENT The work session was adjourned by unanimous consent at 6:55 p.m. Date Approved: March 22, 2022 Maria Regan Gonzalez Mayor Kari Sinning Katie Rodriguez City Clerk City Manager CALL TO ORDER The meeting was called to order by Mayor Regan Gonzalez at 7:00 p.m. virtually via WebEx. Council Members Present: Maria Regan Gonzalez, Mayor; Mary Supple; Simon Trautmann; Sean Hayford Oleary; and Ben Whalen Council Members Absent: None. Staff Present: Sack Thongvanh, Assistant City Manager; Mary Tietjen, City Attorney; Melissa Poehlman, Community Development Director; Jane Skov, IT Manager; Kelly Wynn, Administrative Assistant; and Kari Sinning, City Clerk. PLEDGE OF ALLEGIANCE Mayor Regan Gonzalez led the Pledge of Allegiance OPEN FORUM Administrative Assistant Wynn reviewed the options to participate:  Participate live by calling 612-861-0651 during the open forum portion  Call prior to meeting 612-861-9711  Email prior to meeting kwynn@richfieldmn.gov Administrative Assistant Wynn stated that there were no callers and no prior emails. APPROVAL OF MINUTES M/Trautmann, S/Hayford Oleary to approve the minutes of the regular City Council Meeting of February 22, 2022. City Clerk Sinning took roll call vote: Regan Gonzalez: AYE Supple: AYE Trautmann: AYE CITY COUNCIL MEETING MINUTES Richfield, Minnesota Regular Council Meeting Virtual via WebEx March 8, 2022 Council Meeting Minutes -2- March 8, 2022 Hayford Oleary: AYE Whalen: AYE Motion carried 5-0 ITEM #1 APPROVAL OF THE AGENDA M/Whalen, S/Supple to approve the agenda. City Clerk Sinning took roll call vote: Regan Gonzalez: AYE Supple: AYE Trautmann: AYE Hayford Oleary: AYE Whalen: AYE Motion carried 5-0 ITEM #2 CONSENT CALENDAR Assistant City Manager Thongvanh presented the consent calendar. A. Consider the approval of a resolution of support for proposed legislation (SF 2768/HF 2908) that would provide limited liability to commercial salt applicators that receive certification through an established voluntary salt applicator program as offered through the Minnesota Pollution Control Agency (MPCA) (Staff Report No. 36) RESOLUTION NO. 11950 RESOLUTION SUPPORTING LEGISLATION THAT PROVIDES LIMITED LIABILITY TO COMMERCIAL SALT APPLICATORS THAT ARE CERTIFIED THROUGH AN ESTABLISHED VOLUNTARY SALT APPLICATOR CERTIFICATION PROGRAM M/Whalen, S/Hayford Oleary to approve the consent calendar. City Clerk Sinning took roll call vote: Regan Gonzalez: AYE Supple: AYE Trautmann: AYE Hayford Oleary: AYE Whalen: AYE Motion carried 5-0 ITEM #3 CONSIDERATION OF ITEMS, IF ANY, REMOVED FROM CONSENT CALENDAR Council Meeting Minutes -3- March 8, 2022 None. ITEM #4 SECOND READING OF A PROPOSED ORDINANCE AMENDMENT ESTABLISHING REGULATIONS FOR ELECTRIC VEHICLE CHARGERS. (STAFF REPORT NO. 37) Council Member Whalen presented Staff Report 37. Community Development Director Poehlman explained that this item is very similar to what was brought to the work session with the Planning Commission and that the Planning Commission approved this item unanimously. Council Member Hayford Oleary expressed curiosity about the parking reduction one or the other with regards to bicycle parking or EV parking and asked why the applicant should not be able to do both. Community Development Director Poehlman explained that there would need to be larger discussions with the group to approve residential buildings to go below one parking spot per unit. Council Member Hayford Oleary appreciated the explanation and the option to reduce parking. He also expressed overall excitement for the implementation of EV chargers. M/Whalen, S/Hayford Oleary to approve 1) the attached ordinance amendment establishing regulations for electric vehicle chargers; and 2) a resolution authorizing summary publication of said ordinance. BILL NO. 2022-3 AN ORDINANCE AMENDMENT ESTABLISHING REGULATIONS FOR ELECTRIC VEHICLE CHARGERS RESOLUTION NO. 11951 RESOLUTION APPROVING SUMMARY PUBLICATION OF AN ORDINANCE ESTABLISHING REGULATIONS FOR ELECTRIC VEHICLE CHARGERS Council Member Whalen also expressed his excitement for this update to the city code and stated that this a great start to the Council goal of sustainability. City Clerk Sinning took roll call vote: Regan Gonzalez: AYE Supple: AYE Trautmann: AYE Hayford Oleary: AYE Whalen: AYE Motion carried 5-0. ITEM #5 SECOND READING OF AN ORDINANCE AMENDING ZONING REGULATIONS FOR FIREARM SALES, REPAIR, AND OTHER REL ATED USES. (STAFF REPORT NO. 38) Council Member Trautmann presented Staff Report 38. Council Meeting Minutes -4- March 8, 2022 M/Trautmann, S/Supple to approve 1) an ordinance amending zoning regulations for firearm sales, repair, and other related uses; and 2) a resolution authorizing summary publication of said ordinance. BILL NO. 2022-4 AN ORDINANCE AMENDING REGULATIONS IN THE GENERAL BUSINESS (C-2) AND MIXED USE (MU-C AND MU-R) DISTRICTS RELATED TO USES INVOLVING FIREARMS RESOLUTION NO. 11952 RESOLUTION APPROVING SUMMARY PUBLICATION OF AN ORDINANCE AMENDING REGULATIONS FOR FIREARM SALES, REPAIR, AND OTHER RELATED USES Council Member Whalen commented that this agenda item was staff initiated and appreciated the efforts to update this code to the current online sales. Mayor Regan Gonzalez expressed gratitude to staff for researching and updating this code. City Clerk Sinning took roll call vote: Regan Gonzalez: AYE Supple: AYE Trautmann: AYE Hayford Oleary: AYE Whalen: AYE Motion carried 5-0. ITEM #6 CONSIDER A FIRST READING OF A TRANSITORY ORDINANCE TO REAFFIRM THE CURRENT WARD DISTRICT BOUNDARIES THAT MEET THE EQUAL POPULATION CRITERIA. (STAFF REPORT NO. 39) Council Member Hayford Oleary presented Staff Report 39. City Clerk Sinning asked Council for feedback regarding the proposed precinct plans. Council Member Supple thanked City Clerk Sinning for not reducing the number of precincts and supported a precinct plan that would make it easiest for voters. Council Member Trautmann expressed concerns for voters on the north side of Wood Lake that would have trouble getting to a potential polling location. City Clerk Sinning stated voter outreach would be conducted to make sure those voters either vote absentee or have transportation to the polling location on election day. Council Member Whalen commented on creating straighter boundary lines if possible. Council Member Hayford Oleary also agreed with Council Member Whalen and also asked if voters have expressed discomfort or complaints about voting in churches. City Clerk Sinning stated that there has been any to her knowledge, however, if someone does there are options to vote curbside at the polling location or absentee before election day. Council Meeting Minutes -5- March 8, 2022 Council Member Supple thanked City Clerk Sinning for the detailed information. City Clerk Sinning explained of the jaded boundary lines instead of using straight lines is to keep the precincts as close to even as possible while considering future residential developments in the precincts. M/Hayford Oleary, S/Whalen to approve first reading of the attached transitory ordinance establishing ward boundaries following the 2020 census data and conforming to redistricting requirements pursuant to Minnesota5 Statutes and City Charter and schedule a public hearing and second reading for March 22, 2022. Mayor Regan Gonzalez commented that whatever is easiest for voters and to get as many people to the polls as possible. She also thanked City Clerk Sinning for her leadership and all the work she has been doing as City Clerk. City Clerk Sinning took roll call vote: Regan Gonzalez: AYE Supple: AYE Trautmann: AYE Hayford Oleary: AYE Whalen: AYE Motion carried 5-0. ITEM #7 CONSIDER THE APPROVAL OF A RESOLUTION MODIFYING THE HEALTH CARE SAVINGS PLAN FOR COUNCIL MEMBERS. (STAFF REPORT NO. 40) Council Member Supple presented Staff Report 40. M/Supple, S/Whalen to adopt a resolution modifying the Health Care Savings Plan for Council Members. RESOLUTION NO. 11953 RESOLUTION AMENDING THE CITY COUNCIL POST EMPLOYMENT HEALTH CARE SAVINGS PLAN Council Member Whalen thanked the Council for the willingness to change the plan. City Clerk Sinning took roll call vote: Regan Gonzalez: AYE Supple: AYE Trautmann: AYE Hayford Oleary: AYE Whalen: AYE Motion carried 5-0. Council Meeting Minutes -6- March 8, 2022 ITEM #8 CITY MANAGER’S REPORT Assistant City Manager Thongvanh did not have any updates. ITEM #9 CLAIMS AND PAYROLL M/Whalen, S/Trautmann that the following claims and payrolls be approved: U.S. Bank 3/8/2022 A/P Checks: 304296 – 304643 $1,349,329.37 Payroll: 168653 – 168953 $ 772,672.51 TOTAL $2,122,001.88 City Clerk Sinning took roll call vote: Regan Gonzalez: AYE Supple: AYE Trautmann: AYE Hayford Oleary: AYE Whalen: AYE Motion carried 5-0 ITEM #10 HATS OFF TO HOMETOWN HITS As spring nears Council Member Hayford Oleary thanked Public Works for a successful winter under the new policy and expressed excitement for discussion regarding the policy change. He also mentioned the Adopt a Storm Drain program to keep neighborhoods dry and clean. Council Member Whalen mentioned the Kids @ Home Program application availability. He also gave a brief update on the organics collection program which about 327,000 pounds of food waste have been collected since the start of the program. Council Member Trautmann mentioned that IT Staff, Trevor Doran, is leaving the City and took an opportunity to thank Jane Skov and the IT department for their work throughout the pandemic and beyond. He lifted up the Human Rights Commission’s legal clinic for Richfield Residents and encouraged lawyers in the City to participate. He also mentioned the Gene and Mary Jacobsen Outstanding Citizen Award nominations are available on the website to honor a neighbor. Council Member Supple thanked the residents for the feedback given for the strategic management survey and the listening sessions for I-494. She also thanked the commission members and mentioned the display cases available for artists to display work at the Community Center and Municipal Center. Mayor Regan Gonzalez extended thanks and appreciation to the communications team, Neil Ruhland and Kate Aitchison, for sharing the important information to the residents and sharing resources to the community. Council Meeting Minutes -7- March 8, 2022 ITEM #11 ADJOURNMENT The meeting was adjourned by unanimous consent at 7:52 p.m. Date Approved: March 22, 2022 Maria Regan Gonzalez Mayor Kari Sinning Katie Rodriguez City Clerk City Manager ADJOURNMENT CITY COUNCIL MEETING MINUTES Richfield, Minnesota Special City Council Meeting March 15, 2022 The meeting was called to order by Mayor Regan Gonzalez at 4:00 p.m. held virtually via Maria Regan Gonzalez, Mayor; Mary Supple; Ben Whalen; Simon Trautmann; WebEx. Council Members Present: and Sean Hayford Oleary Staff Present: Katie Rodriguez, City Manager; Sack Thongvanh, Assistant City Manager; Amy Markle, Recreation Services Director; Mike Dobesh, Fire Chief; Jay Henthorne, Police Chief; Melissa Poehlman, Community Development Director; Kristin Asher, Public Works Director; Neil Ruhland, Communications Manager; and Chris Swanson, Management Analyst Item #1 PRESENTATION AND DISCUSSION OF THE ORGANIZATIONAL PROFILE AND ENVIORNMENTAL SCAN WITH CONSULTANT, CRAIG RAPP Consultant, Craig Rapp, presented findings of the organizational profile and environmental scan and facilitated conversation with Council Members and Staff. The work session was adjourned by unanimous consent at 6:40 p.m. Date Approved: March 22, 2022 Maria Regan Gonzalez Mayor Kari Sinning Katie Rodriguez City Clerk City Manager CALL TO ORDER AGENDA SECTION:CONSENT CALENDAR AGENDA ITEM #2.A. STAFF RE P ORT NO. 42 CIT Y COUNCIL ME E T ING 3/22/2022 RE P O RT P RE PA RE D B Y: Ryan K rzos, P lanner D E PA RTME NT D IRE C TO R RE V IE W: Melissa P oehlman, C ommunity D evelopment D irector 3/8/2022 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 3/17/2022 I T E M F O R C O UNC IL C O NS ID E RAT I O N: Consider a resolution approving a request for a Conditional Use Permit to allow a Class III restaurant (fast food/convenience restaurant) at 4 - 66th Street East (Richfield Shoppes). E X E C UT IV E S UM M ARY: La Michoacana Tasty (Applicant) is proposing to open a Class I I I restaurant (fast food/convenience restaurant) in the multi-tenant shopping center known as Richfield Shoppes. Fast food/convenience restaurants are those where customers order and are served their food at a counter to be taken to a table or counter to be consumed. The Applicant is not proposing a drive-through facility. Class I I I restaurants are a conditionally permitted use in the General Business (C-2) District. The Applicant is proposing to occupy 2,816 square feet of the property. This space was previously occupied by Payless Shoes. The entire shopping center would continue to meet parking requirements when accounting for the proposed use as calculated by the Zoning Code as further described in the policy section of this report. A full discussion of Conditional Use Permit (C UP) requirements can be found in an attachment to this report. At their February 28 meeting, the Planning Commission conducted a public hearing and unanimously approved a motion recommending approval of the C UP. Finding that the proposal meets requirements, staff recommends approval of the C UP. RE C O M M E ND E D AC T I O N: By motion: Approve the attached resolution granting a Conditional Use Permit to allow a Class III restaurant at 4 - 66th Street East (Richfield Shoppes). 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 subject site was constructed as a shopping center in the 1940s. The most recent tenant of the area proposed for this use was Payless Shoes. I n 2013, a C UP for a Class I (full service) restaurant was granted to a separate restaurant (El Tejaban) within the shopping center. At that time a professionally-prepared parking study was submitted that demonstrated sufficient off-street parking was provided to meet the demand for the shopping center. As noted in the policy section of this report, required parking for food service users within shopping centers need not be calculated separately if certain conditions are met, which would be the case with this application. B.P OL IC IE S (resolutions, ordinances, regulations, statutes, etc): Section 534.07 subd.7 states that fast food/convenience restaurants (Class I I I ) are a conditional use in the C-2 General Business District. The are no specific stipulations for a Class I I I restaurant that does not have a drive-though facility. A full discussion of the general C UP requirements can be found as an attachment to this report. Typically, additional required parking is to be provided with a change from a retail use to a restaurant; due to the higher ratio of required stalls per floor area. However, Section 544.13 states that parking requirements for restaurants or food service within shopping centers need not be calculated separately from that which is required for retail uses if the use/site meets the following criteria: The shopping center floor area is over 20,000 square feet. The restaurant does not have wait staff serving food directly to the customer while seated. I ntoxicating liquor sales at the restaurant shall not exceed five percent of annual revenue. The restaurant does not have in-vehicle sales or service. The combined total of all restaurants and food services total less than 25 percent of the gross floor area of the building and shopping center. Each of these conditions are/will be met. Therefore, the code does not require a separate calculation of parking requirements for the proposed use. Section 544.17 subd. 1 establishes that restaurants must install odor control systems when within 150 feet of planned or existing residential uses if using kitchen equipment requiring a type 1 ventilation hood (as determined by State Building Code). The tenant area subject to this request exceeds 150 feet from the nearest residential property therefore, this odor control provision does not apply. 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 J anuary 3, 2022. Since the time for the next available regular Council meeting in March exceeds the 60-day time period the City extended the deadline for issuing a decision an additional 18 days until March 22nd. D.F IN AN C IAL IMPAC T: The required application fees have been paid. E.L E GAL C ON S ID E R AT ION: Notice of the February 28 Planning Commission public hearing was published in the Sun Current newspaper and mailed to properties within 350 feet of the site on February 17. No members of the public provided comment at the public hearing. The Planning Commission unanimously approved a motion recommending approval of the C UP. ALTE R N AT IV E R E C O MME N D ATIO N(S): Approve the proposal with modifications. Deny the C UP with a finding that requirements are not met. P R IN C IPAL PAR TIE S E X P E C TE D AT ME E TIN G: Veronica Velazquez-Vazquez, Applicant AT TAC H ME N T S: D escription Type Resolution - C UP A pproval - L a Michoacana Tasty Resolution L etter Required F indings B ackup Material Zoning Map E xhibit 2040 C omp P lan D esignations E xhibit P lans and P roject Narrative E xhibit 2013 P arking S tudy - Richfield S hoppes E xhibit RESOLUTION NO. RESOLUTION APPROVING A CONDITIONAL USE PERMIT FOR A RESTAURANT AT 4 - 66TH STREET EAST WHEREAS, an application has been filed with the City of Richfield which requests approval of a conditional use permit to allow a Class III (Fast Food/Convenience) restaurant at property commonly known as Richfield Shoppes, addressed as 4 - 66th Street East, and legally described as follows: Lots 1-15 inclusive except that part of Lot 9 lying south of the north 49,00 feet thereof and east of the west 38.00 feet of said Lot 9, Town’s Edge, Village of Richfield, 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 at its February 28, 2022 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 February 17, 2022; and WHEREAS, the requested conditional use permit meets the requirements necessary for issuing a conditional use permit as specified in Richfield’s Zoning Code, Subsection 547.09 and as detailed in City Council Staff Report No.____; and WHEREAS, the 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. A conditional use permit is issued to allow a Class III Restaurant, as described in City Council Letter No. _____, on the Subject Property legally described above. 2. 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.  All rooftop or ground mechanical equipment must be screened, per Zoning Code Section 544.05.  The applicant is responsible for obtaining all required permits, compliance with all requirements detailed in the City’s Administrative Review Committee Report dated January 13, 2022, 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. 3. The conditional use permit 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. 4. 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 22nd day of March 2022. _______________________ Maria Regan Gonzalez, Mayor ATTEST: ___________________________ Kari Sinning, City Clerk Code Requirements / Required Findings Part 1 – Conditional Use Permit: The findings necessary to issue a Conditional Use Permit (CUP) are as follows (547.09, Subd. 6): 1. The proposed use is consistent with the goals, policies, and objectives of the City’s Comprehensive Plan. The proposed use of the property is consistent with the guiding “Mixed Use” designation. The Comprehensive Plan identifies a number of goals and policies related to economic development and support for business and employment growth. The proposal is consistent with these goals and policies. 2. The proposed use is consistent with the purposes of the Zoning Code and the purposes of the zoning district in which the applicant intends to locate the proposed use. The purpose of the Zoning Code is to protect and promote the public health, safety, aesthetics, economic viability, and general welfare of the City. The purpose of the General Business (C-2) District is to allow a wide variety of commercial businesses that are attractive and compatible with nearby residential properties. The proposal is consistent with these purposes. 3. The proposed use is consistent with any officially adopted redevelopment plans or urban design guidelines. There are no specific redevelopment plans or design guidelines that apply to the property. 4. The proposed use is or will be in compliance with the performance standards specified in Section 544 of this code. The proposed use will likely maintain the status quo with performance standards requirements. The shopping center is nonconforming with regard to a number of zoning requirements including landscaping, impervious coverage, and parking lot configuration. City Ordinances require that nonconforming sites be brought into compliance when building expansion occurs. Since no building expansion is proposed, the site may continue in with these nonconformities present. 5. The proposed use will not have undue adverse impacts on governmental facilities, utilities, services, or existing or proposed improvements. The City’s Public Works and Engineering Departments have reviewed the proposal and do not anticipate any issues. 6. The use will not have undue adverse impacts on the public health, safety, or welfare. The nature of the proposed use is such that there are not likely any threats to public health, safety and welfare. Adequate provision would be in place to protect public health, safety and welfare. 7. There is a public need for such use at the proposed location. Staff regularly hears from residents that a variety of dining establishments are desired in the community. This requirement is met. 8. The proposed use meets or will meet all the specific conditions set by this code for the granting of such conditional use permit. There are no specific conditions applicable to a class III restaurant without a drive-through; therefore, this requirement is met. NICOLLET AVEBLAISDELL AVE6 5 T H S T W 65TH ST E 66TH ST E STEVENS AVE1ST AVE S66TH ST W C-1 C-2 C-2 C-2 C-2 C-2 PC-2 PMU R 350 ftNotificationBuffer ± 0 200 400100 ft I:\GIS\Community Development\Case Maps\2022\4 66th St E- La Michoacana Tasty - Zoning.mxd Zoning Districts R Single-Family R-1 Low-Density Single-Family MR-1 Two-Family PMR Planned Multi- Family MR-2 Multi-Family MR-2/CAC Multi-Fam + Cedar Overlay MR-3 High-Density Multi-Family SO Service Office C-1 Community Commercial C-2 General Commercial PC-2 Planned General Commercial PMU Planned Mixed Use MU-C Mixed Use- Community MU-C/CAC Mixed Use + Cedar Overlay MU-C/PAC Mixed Use + Penn Overlay MU-N Mixed Use- Neighborhood MU-R Mixed Use- Regional I Industrial Case No: 22-CUP-02 4 - 66th Street E Surrounding Zoning NICOLLET AVEBLAISDELL AVE6 5 T H S T W 65TH ST E 66TH ST E STEVENS AVE1ST AVE S66TH ST W ± I:\GIS\Community Development\Case Maps\2022\4 66th St E- La Michoacana Tasty - PLU.mxd 2040 Planned Land Use Mixed Use Regional Commercial Community Commercial Neighborhood Commercial High Density Residential Medium Density Residential Low Density Residential Park Quasi-Public Right-of-Way (ROW) 4 - 66th St E 2040 Comprehensive Plan Designations 0 200 400100 ft WH DWSYMBOLS EXIT DOOR SUBMITTALS ENGINEERING BY CONTRACTOR AS DESIGN-BUILD. RETURN THE FOLLOWING SUBMITTALS TO DESIGNER FOR REVIEW: 1. ELECTRICAL ENGINEER PLAN 2. LIGHTING ENGINEER PLAN 3. HVAC ENGINEER PLAN 4. PLUMBING ENGINEER PLAN 5. SPRINKLER ENGINEER PLAN 6. MILLWORK SHOP DRAWINGS 7. DOOR/HARDWARE SCHEDULE 8. FINISH SELECTION, DRAW DOWNS 9. WOOD DOOR STAIN SAMPLE 10. LIGHT FIXTURE ENERGY CALCULATION 11. LOW-VOLTAGE / ALARM ENGINEER PLAN 12. PLUMBING FIXTURE CUT SHEETS TIMING OF WORK Demolition and construction shall occur during normal business hours. Contractor shall coordinate loud and dirty work with landlord to minimize disruption to adjacent tenants. TENANT WORK The following shall be provided by tenant and/or tenant's vendor, at tenant expense, and is not included in this work package. 1. Low voltage cabling, equipment, installation and operation of low voltage equipment. 2. Security system equipment, installation and monitoring. 3. Audio visual equipment, wiring, projectors, screens, speakers, amplifiers and associated equipment. 4. Server room: racks, computer equipment, back-up power system, ladder racks, mounting blocks and all associated equipment and wiring (contractor shall install electrical connections to back-up power equipment). 5. Appliances: refrigerator, microwaves, coffee makers, toasters, dishwasher, oven, all associated kitchen utensils and tools contractor shall include installation of major appliances). 6. Art & accessories. 7. Signage and logos. BID ALTERNATES Alternate #1: Alternate #2: KEY PLAN -TENANT N T R U E N .BUILDING MANAGER GENERAL CONTRACTORARCHITECTURE + DESIGN ENGINEERING MICHOACANA TASTY 4931 WEST 35TH STREET, SUITE 200 ST. LOUIS PARK, MN 55416 PLANFORCE GROUP DESIGN BUILD BY CONTRACTOR 5353 WAYZATA BOULEVARD, SUITE 650 MINNEAPOLIS, MINNESOTA 55416 CONTACT: PHONE: 952-563-6600 EMAIL: MID-AMERICA ADDRESS CONTACT: PHONE: EMAIL: X CONTACT: Ryan Schroeder PHONE: 952-541-9969 EMAIL: ryan.schroeder@planforcegroup.com TENANT 4 EAST 66TH STREET RICHFIELD, MN 55423 CONTACT:Veronica Velazquez-Vazquez PHONE: 612-242-6003 EMAIL: velazquez.office@gmail.com MICHOACANA TASTY Codes: State Building Code:2020 MN Building Code Model Building Code:2018 International Code Council Conservation Code:2020 MN Conservation Code for Existing Buildings (IEBC) Accessibility Code:2020 MN Accessibility Code (IBC Chptr 11 & ICC-A117.1-2009) Energy Code:2020 MN Energy Code (IECC 2018 or ASHRAE 90.1-2016) Mechanical Code:2020 MN Mechanical and Fuel Gas Code (IMC & IFGC) Plumbing Code:2020 MN Plumbing Code (UPC 2018) Electrical Code:2020 NEC National Electrical Code Fire Code:2020 MN Fire Code (IFC) Building Data:CONSTRUCTION TYPE: II-B, FULLY SPRINKLERED Separated Occupancies (Table 508.4) • Table 508.4: Required Separation of Occupancies (Hours) • Occupancies 'A' to 'B' / 'M'1 hour required, existing Corridor Rated Construction (Section 1020) • Corridors shall be fire resistance rated in accordance with Table 1020.1 • Exception #4: non rated corridors serving group B occupancies where only a single means of egress is required per 1006.2. • B Occupancy requiring only single means of egress:No rated walls required • Table 1020.1: Corridor Fire-Resistance Rating • Occupancy Type 'A, B, E, F, M, S, U' <30 OL without sprinkler system:No rated walls required • Occupancy Type 'A, B, E, F, M, S, U' > 30 OL without sprinkler system:1 hour rated walls required • Occupancy Type 'A, B, E, F, M, S, U' > 30 OL with sprinkler system:No rated walls required Rated Occupancy Separations or Corridors provided: None provided / Provided Occupant Load Calculations (Section 1004/ Table 1004.5): Occupants: Dining Room (Table and Chairs)1,020 NSF / 15 68 OCC Ordering Line ( Queue) 45 NSF / 5 9 OCC Commercial Kitchen 925 GSF / 200 5 OCC Storage and Walk-in Refrigeration 148 GSF / 300 1 OCC Accessory Office 45 GSF / 150 1 OCC Circulation / Construction 391 GFS / 0 0 OCC Total Occupant Load 2,574 SF 84 OCC Exit Width Required (Section 1005.2): Other than Sprinklered 0.15 x 84 = 12.6" TOTAL REQUIRED WIDTH 84 =12.6" Exit Width Provided: 2 x 33" = 66" Egress from Spaces (1006.2) Egress based on Occupant Load and Common Path of Travel (1006.2.1) Spaces with One Exit or Exit Access Doorway (Table 1006.2.1): Occupancy A Calculated Occupant Load 84 Max Occupant Load of Space 49 Max Common Path of Egress Travel Distance w sprinkler:75' Common Path of Egress Travel Distance:25'-6" Number of Exits Required (Section 1006.2.1, 1006.2.1.1) Number of Exits Required: (OL <30 & CPETD < x') 2 Number of Exits Provided, (suite) Space: 2 Two Exits and Exit Access Doorway distance apart (Section 1007.1.1) Two: Not less than 1/2 (1/3 exception 2) of the overall area diagonal:75' -8" / 25'-3" Exit Access Travel Distance Maximum (Section 1017.2): A, E, F-1, M, R, S-1 Occupancy, w/ Sprinkler 250' Maximum Minimum Corridor Width (Section 1020.2): 44" Occupant Load less than 50 36" Access to MEP equipment 24" Dead Ends (Section 1020.4) More than one exit or exit access doorway required: 20' max Exception #2 (B, E, F, M, S, U) Fully Sprinkled building: 50' max RESTROOM FIXTURE CALCULATION (Table 2902.1): Drinking Fountains footnote i, water served in restaurants, drinking fountain shall not be required. Separate Facilities (Section 2902.2) Separate Facilities shall be provided for each sex. Access (Section 2902.3.1) Route to public toilet facility shall not pass through kitchens, storage rooms or closets. Prohibited Locations (Section 2902.3.1) Toilet rooms shall not open directly into a room used for prepartion of food for service to the public. Removal of Barriers Project Limit of Work Area Interior to Tenant Suite New Work Comply with Accessibility Code Alterations affecting an area of containing a primary function (Section 1103.2.16, IEBC Section 305.6) Alteration affects the accessibility to or contains a primary function, the accessible route to the primary function shall be accessible. Accessible. Primary function area shall include toilet facilities, parking facilities, and drinking fountains serving the primary function. Exceptions: 1. the costs of providing the accessible route are not required to exceed 20 percent of the costs of alterations affecting the area of primary function. Such work shall be documented per Change Orders as accepted by the Owner: 1. No work Proposed. 2. CODE REVIEW 75' - 8 1/4" / 3 = 25' 2 5/8" 75' - 8 1/4" M A X. DIA G O N A L DIS T A N C E 63' - 4" > 1/3 DIAGONAL EXIT SEPERATION COMMON PATH OF TRAVEL 20'-0" COMMON PATH OF TRAVEL 25'-6" N Signature : Name : Registration : I hereby certify that this plan was prepared by me or under my direct supervision and that I am a duly licensed architect under the laws of the State of Minnesota. Project Contact : Phone Number :952-541-9969 LOCATION MAP #50047 Ryan Schroeder Checked Drawn Project NO. Print History Date RYAN SCHROEDER PROJECT# 21304MICHOACANA TASTY 4 East 66th Street Richfield, MN Cover Sheet A0.0 CD CLB 21304 P1 C1 - - - - - - - SCHEMATIC 11-30-21 12-20-21 - - - - - - - PERMIT - - - - - - - MICHOACANA TASTY 4 East 66th Street Richfield, MN RICHFIELD SHOPPES SITE 3/32" = 1'-0"1 Egress Floor Plan - 01 N T R U E N .SHEET INDEX ------C1 PERMIT 12-22-21 P1 SCHEMATIC 11-30-21COVER □ □ □ □ □ □ ■ □ A0.0 Cover Sheet □ □ □ □ □ □ ■ □ A0.1 Referenced Accessibility Details ARCHITECTURAL □ □ □ □ □ □ ■ □ D1.0 Demolition Plan □ □ □ □ □ □ ■ □ A1.0 Floor Plan □ □ □ □ □ □ ■ □ A1.1 Reflected Ceiling Plan □ □ □ □ □ □ ■ □ A1.3 Finishes Plan □ □ □ □ □ □ ■ □ A1.4 Kitchen Equipment and Furnishings Plan □ □ □ □ □ □ ■ □ A2.0 Plan Enlargements & Interior Elevations NO. Description Date WH DW1' - 0 1/4"5' - 7 1/4"11' - 9 1/4"8' - 5"2' - 1"2' - 6 1/4"7' - 4 3/4"2' - 9 1/4" 14' - 0" FIELD VERIFY 13' - 0"7' - 9 1/2"3' - 0" 1 2 3 4 5 6 7 8 9 10 11 1 11 KS1836KS1436KS1836KS1836KS1836KS1836KS1836E348 E200 P400.L KS1836R100M500 D100D100 D100 D100 D100 D100 D100 D100D100 D100 M400 KS1436KS1436R900KS1436KS1436R900KS1436KS1436KS1436KS1436KS1436BUBBLERS ICE BIN / WATERBLENDERS ICE POP B100 B100 E100 E100 B200 P400.L P400.L FOOD OIL GREASE INTERCEPTOR. SUBFLOOR @ SINK P300 P200 E370 E340 E500 E500 R800 R810 M300 O100 P100 E900 WT6030 P300 FD FDFD99 R100M100 M110 M110 2 M120 M130 M200 M510 O500 FD WT3236 R200.1 E336 E348 E550 E550 VEST. 100 CHILLED LINE 103 PREP 105 WASH/STORE 106 FREEZER 108 COOLER 107 HALLWAY 110 RR PUBLIC 112 RR PUBLIC 111 OFFICE 109 RR, STAFF 113 FF&E EQUIPMENT GENERAL NOTES 1. VERIFY ALL EQUIPMENT WITH TENANT PRIOR TO CONSTRUCTION 2. VERIFY ALL CUP, SOUP DISPENSORS, SMALL WARES ETC. WITH TENANT PRIOR TO CONSTRUCTION 3. PROVIDE ALL BACKING IN WALL MOUNTED EQUIPMENT. FTW/NON- COMBUSTIBLE WHEN REQUIRED 4. WORK TABLES, AS LABLED WT####, WORK TOPS TO BE 36" AFF, UNLESS OTHERWISE NOTED. 5. WORK TABLES LABELED WT####H, WORK TOPS TO OVERHANG BASE BY 6" TO ALLOW PLACEMENT OF SLIM JIM TRASH CANS BENEATH WORK SURFACE. 6. WORK TABLES, AS LABELED WT####C, TO HAVE 5" CASTERS. 7. WALK-IN COOLER AND WALK-IN FREEZER, TO PROVIDE CLOSURE PANELS BETWEEN WALLS AND CEILINGS. 8. TYPE II EXHAUST HOOD. PROVIDE CLOSURE PANEL BETWEEN HOOD AND CEILING. 9. TYPE II EXHAUST HOOD, WHERE WALL FINISH IS OTHER THAN WALL TILE PROVIDE STAINLESS STEEL TO 18" PAST HOOD Signature : Name : Registration : Project Checked Drawn I hereby certify that this plan was prepared by me or under my direct supervision and that I am a duly licensed architect under the laws of the State of Minnesota Project Contact : Phone Number :952-541-9969 #50047 Ryan Schroeder Developed by: NO. Print History Date RYAN SCHROEDER 21304 CD CLB MICHOACANA TASTY 4 East 66th Street Richfield, MN Kitchen Equipment and Furnishings Plan A1.4 P1 C1 - - - - - - - SCHEMATIC 11-30-21 12-20-21 - - - - - - - PERMIT - - - - - - - MICHOACANA TASTY 4 East 66th Street Richfield, MN RICHFIELD SHOPPES 1/4" = 1'-0"1 Furniture Floor Plan - 01 N FURNITURE, FIXTURE & EQUIPMENT PLAN NOTES NO.DESCRIPTION 1 POINT OF SALE 2 SNEEZE GUARD 3 POS COUNTER, CUSTOM MILLWORK BY TENANT, PRELIM DIMENSIONS 4 COOK LINE FRONT COUNTER, CUSTOM MILLWORK BY TENANT, PRELIM DIMENSIONS 5 COLD LINE BACK COUNTER, CUSTOM MILLWORK BY TENANT, PRELIM DIMENSIONS 6 CARRY OUT SHELF, CUSTOM MILLWORK BY TENANT, PRELIM DIMENSIONS 7 TRASH / RECYCLE RECEPTICAL, CUSTOM MILLWORK BY TENANT, PRELIM DIMENSIONS 8 OFFICE DESK / FURNITURE, BY TENANT. 9 FLOOR DRAIN, INDIRECT DRAIN, LOCATED BENEATH SINK 10 WALK-IN CONDENSATE, DRAIN TO FLOOR DRAIN BENEATH SINK 11 PROVIDE SOAP DISPENSER, PAPER TOWEL DISPENSER, AND TRASH AT EACH HAND SINK NO. Revision Description Date to.... 7699 Anagram Drive Eden Prairie,MN 55344 PHONE 952-937-5150 FAX 952-937-5822 Westwood TOLL FREE 888-937-5150 www.westwoodps.com MEMORANDUM Date: June 5, 2013 Re: Richfield Shoppes: Phase II Parking Utilization Study Richfield,Minnesota File R0001444.00 To: Bruce D. Carlson, Project Director Mid-America Real Estate—Minnesota, LLC From: John M. Hagen, P.E. (MN, WI, and TX), PTOE, Senior Transportation Engineer The purpose of this memorandum is to summarize the results of the Phase II Parking Demand Study for the Richfield Shoppes shopping center located in northeast quadrant of the Nicollet Avenue intersection with 66th Street. Specifically, a parking utilization was conducted in May 2013 to identify the current parking demand of the existing Richfield Shoppes shopping center and determine whether the existing shopping center has adequate parking to accommodate the proposed restaurant. Background The existing Richfield Shoppes shopping center is a mixed-use development consisting of approximately 57,358 square feet of retail and 9,172 square feet of second and third floor office space. Currently, 10,933 square feet of the retail space is vacant, while approximately 1,284 square feet of the second/third floor office space is vacant. The site also contains a Dairy Queen restaurant in a separate building located in the southeast corner of the property that only provides walk-up" window service, with no indoor customer/seating areas. Since the existing Dairy Queen restaurant does not have wait staff serving food directly to customers while seated, does not have in-vehicle sales/service,and since the combined total of all of the on-site restaurants or food services total less than 25 percent of the gross floor area of the shopping center, its floor area was included in the total retail area of the Richfield Shoppes per the City of Richfield's parking requirements. As part of the conditional use permit for a proposed sit-down restaurant in a vacant portion of the existing Richfield Shoppes shopping center,the City of Richfield has requested that a Parking Demand Study be completed to see if there is adequate on-site parking for the existing shopping center plus the proposed restaurant. The proposed 4,200 square foot restaurant(with up to a maximum of 150 seats) is moving into the same space of the former Eastern Buffet restaurant who vacated the subject shopping center in March 2013. The new restaurant is planning on Land and Energy DEVELOPMENT COMMtIAN Is M M • '' w • Ni • June 5, 2013 Page 2 relocating from their current location across the street in the Richfield Hub and West Shopping Center. Westwood Professional Services completed a parking demand study in May 2013. This study (dated May 2, 2013) compared the City of Richfield's parking requirements with parking industry standards. The results of the Parking Demand Study indicated that the existing shopping center is not adequately parked when considering the City of Richfield's parking requirements. However, when considering industry standard parking demand data from the Institute of Transportation Engineers (ITE),the existing shopping center has adequate parking spaces to accommodate the existing shopping center plus the proposed restaurant. The Phase II Parking Utilization Study collected actual field data on an average weekday in order to determine the current demand of the existing Richfield Shoppes shopping center. The results of the Phase II Parking Utilization Study are summarized below. Parking Utilization Study The purpose of the parking utilization study is to determine if there is sufficient on-site parking provided to meet the needs of the existing shopping center plus the proposed restaurant. Existing parking demand and supply was measured on Tuesday, May 14, 2013 between the hours of 11:00 a.m. to 4:00 p.m. and 6:00 to 9:00 p.m. These time periods were selected since they coincide with the peak parking demands of the existing shopping center. The results of the parking utilization study are shown in Table 1. A field review of the site revealed that a total of 218 parking spaces are currently provided on site. Figure 1 shows the six(6) on-site parking fields and the existing number of parking spaces in each of the six areas. As shown in Table 1, the peak parking demand for the existing Richfield Shoppes shopping center occurs between 2:00 and 3:00 p.m., when 106 to 108 vehicles are parked on the site. Based on our review of the parking demand and supply data presented in Table 1, the existing Richfield Shoppes shopping center is currently adequately parked since the site provides more parking (218 spaces)than is needed to currently service the peak parking demand (106 to 108 stalls between 2:00 and 3:00 p.m.) for the existing mall. Therefore,the ITE parking demand numbers presented in the May 2013 Parking Demand Study provides a better representation of the existing parking needs for the Richfield Shoppes than the City's requirements. Shared Parking Analysis When a particular site has a mixture of different land uses, a"shared parking analysis" should be conducted in order to determine if the peak parking demands for the various on site land uses conflict or complement each other. Shared parking occurs when the same parking area serves two or more land uses without conflict. The success of shared parking relies on the variations of parking demands between the site's individual land uses, as well as the relationships between the individual land uses that allow motorists to visit more than one land use during a single visit to the site and/or visit different land uses at different times of the day. Table 1 Onsite Parking Area Time-of-Day Demand Distribution: Richfield Shoppes Average Weekday Parking Demand Percent of Peak Period) Parking Available 11:00 11:30 12:00 12:30 1:00 1:30 2:00 2:30 3:00 3:30 6:00 6:30 7:00 7:30 8:00 8:30 Field Spaces a.m. a.m. noon p.m. p.m. p.m. p.m. p.m. p.m. p.m. p.m. p.m. p.m. p.m. p.m. p.m. A 37 15 13 14 20 13 18 22 21 16 IIMIIIIIIMION 6 NMI 6 IMO 41% 35% 38% 54% 35% 49% 59% 57% 43% 41% 35% 35% 16% 16% 14% B 60 30 26 27 26 26 36 30 24 20 19 20 19 13 12 6 IMI50% 43% 45% 43% 43% 60% 50% 40% 33% 32% 33% 32% 22% 20% 10% C 38 18 17 20 21 21 23 21 26 23 28 22 17 25 21 17 19 47% 45% 53% 55% 55% 61% 55% 68% 61% 74% 5.8% 45% 66% 55% 45% 50% D 33 9 6 11 7 12 7 11 15 10 9 14 12 17 16 12 pm27% 18% 33% 21% 21% 33% 45% 30% 27% 42% 36% .52% _ 48% 36% 15 13 16 15 18 19 20 18 16 16 19 20 23 17E39 38% 33% 41°o 38% 46% 49°o 51°0 46% 41% 41% 49°o 51% 56% 54% 59% 44°o F 11 4 4 3 3 3 3 2 4 3 3 0 1 36% 36% 27% 27% 27% 27% 18% .'0 7% '., 18% 9% __. - 0% 9% 18°o 9% Total 218 91 79 91 92 93 106 106 108 88 90 90 82 83 83 66 52 R 42% 36% 42% 42% 43% 49% 49°o S0% 40% 41% 41% 38% 38% 38% 30% 24% Source: Westwood parking utilization study conducted on Tuesday,May 14,2013. Page 3 Westwood Professional Services,Inc. 6/5/2013 AI F 6916 SI E."t/Ed t • 14.. t .. , ... t.. ,,,, ''-w''. -Y-'4..'. g, .'i' 4..,,,-' ., .79:- t_. ', t"-ReP-''') f,&totreir4i,: 4" ' t . ' ''X• 4 0t••,4 I i",,, 6 , e 1,•."', - , I - s• .tif 1"*. l. St CUM(, I' t . ,,, •. 7. r I.- 1,-,::.1- :',':. . .... 5 ,- - , f r 91 . 4 t .-• -.IZ. 14SP Bla 1,.13' • , 2: ,,, , - . ..,.,,. . i 1-- 1 rT.)9. 0 * 1 . ...p.' ..- ..1 r- • - ‹f a- a— wi..•-•,.... .1. v: .:.,„::,1 .99.1,. (T)) . ,: '.9- 71,j1 .:: i i i 4.U 1.L.71,4 sa Ilsi,I ft . I. .\: .,.....1 ,',0. . ' •A F- 1 1 1'' ; f ii 11 1'I pIF . ' ',4 13 i Loa 1-Ii..:.-1-, '-' 4- 4.!.. e 4; . — s itL.l'e' l' • t-' —..`4, • ...2 . Mi l',', . F-'uflQ '1 •.. VI 77 11. '-'aichti-kJ t.; * -..,,, t t F413,w'hi ..... •/4-4- * • 5 v. 4.',., '.0 -- 4,A0.,„..,. .., ,,..r 4,, t, • 4,-.4r., ••41, . .44 or ri i v" , kL, 6 • f I- 1'4:8,....g- i-i;r-- -1,...,,c.,,, t Air • ,.- 47, ' 4 tr-7,-, ,c.t, 4 t P 4.0.7..,li 4,,' S ‘,3-e 3 , ....1 L _ .... 7 b I 5'3,':, 4 • , - t I Amilu 9 am)•. 1.,.., 1, la_ aa. paktita I, ...„.,...‘4....„„ , . , i 40.4. 445 ' i f V 4 1r9, . ;,•a ' Ittai .... r 1 i 1 IC , a,.,_.4.„ . ,....-..‘,.:T-1,,,-_., a." k.I -— 1 '' I, / ..s. 1L ---4 ..! ' r 4,ea 4....P ‘- i . 710 4„', ,N., • t j ' 4 1 1:,,.., 1 0iii1 , r '' i t , Lotoya J,‘,.aJilw.......-- -...,-..z....y..:...-,-.t....-....w. .1 „.,._.., . ,i‘f,„ If 1,,,a -.` , c .4 3 - - • .,=. l', a it, , t# .. tertfitM,,, 10s4'1, Poill1111111111111EINNINIIIIIIINI ---t,I Tr'bRAZIFR, Legend: kigos'- - •• A = Parking Field E4h I _ 4 XX .17. Parking Spaces per Field Not to Scale 218 =Total Available Parking Spaces June 4,2013 R0001444.00 Available Parking Westwood Professional Services,Inc 7699 Anagram Drive Eden Prattle,MN 55344 I- I- MODE 952 937 5150 Richfield Shoppes: Parking Utilization Study Figure FAX 957 937 5822 TOLL FREE I 888 93/5150 Westwood WV,.Weal...01110 EOM f Richfield , Minnesota 2 i June 5, 2013 Page 5 Understanding the time-of-day distribution of parking demand will help to determine if the peak parking demand of the proposed restaurant overlaps with the peak parking demand of the existing shopping center. Table 2 shows the comparison of the time-of-day parking demand for the existing Richfield Shoppes shopping center versus proposed restaurant. The time-of-day distribution of the existing shopping center's parking demand was determined by the parking utilization study conducted in May 2013;while the time-of-day distribution of the proposed restaurant was based on data for High-Turnover Sit-Down Restaurants from the Institute of Transportation Engineers(ITE)Parking Generation Manual, 4th Edition (2010). As shown in Table 2,the peak parking demand of the existing shopping center(2:00 to 3:00 p.m.) does not conflict with the peak parking demand of the proposed restaurant(7:00 to 8:00 p.m.). Since the peak parking demand of the existing shopping center(2:00—3:00 p.m.) does not conflict with the peak parking demand of the proposed restaurant(7:00—8:00 p.m.),the parking analysis should account for the time-of-day parking demand distribution. Tables 3 and 4 present the hourly shared parking demand for the Richfield Shoppes shopping center assuming full occupancy based on City of Richfield's parking requirements without and with the proposed restaurant, respectively. Tables 5 and 6 presents the hourly shared parking demand based on ITE standards without and with the proposed restaurant, respectively. The City's zoning code requires that Regional Shopping Centers (with 50,000 square feet or more retail space) provide four parking spaces for every 1,000 square feet of retail space. The ITE demand comparison is based on 2.55 parking spaces per 1,000 square feet of retail space on an average weekday. The City's zoning code also requires that office land uses(less than 50,000 square feet)provide one parking space for every 275 square feet of office space. The ITE demand comparison is based on 2.47 parking spaces per 1,000 square feet of office space on an average weekday. Finally, the City's zoning code requires that Class I and II restaurants (sit- down restaurants such as the one proposed) provide 10 parking spaces per 1,000 square feet. The ITE demand comparison is based on 0.48 parking spaces per restaurant seat. Accounting for the time-of-day parking demand of the existing shopping center at full occupancy, Table 3 shows that the Richfield Shoppes is adequately parked with an overall surplus of 68 parking spaces during the peak parking period(2:00—3:00 p.m.)when shared parking is applied to the City's parking requirements. Table 4 shows that while applying the variations of parking demands between the existing shopping center and the proposed restaurant (i.e. —shared parking)to the City's parking requirements will reduce the overall parking surplus of the existing shopping center from 68 spaces to 10 spaces and shift the peak parking demand hour from 2:00—3:00 p.m. to 12:00 noon 1:00 p.m. when the proposed restaurant is added, the site will continue to be adequately parked. Table 2 Comparison of Time-of-Day Parking Demand: Existing Richfield Shoppes versus Proposed Restaurant Average Weekday Parking Demand Land Use 11:00 a.m. 12:00 noon 1:00 p.m. 2:00 p.m. 3:00 p.m. 6:00 p.m. 7:00 p.m.8:00 p.m. Existing 84% 84% 98% 100% 82% 82% 76% 60%Shopping Center Proposed Restaurant 16% 49% 39% 27% 19% 94% 100% 81% Sources: Westwood parking utilization study conducted on Tuesday,May 14,2013&ITE Parking Generation,4th Edition,2010. 0 Page 6 Westwood Professional Sevices,Inc. 6/5/2013 Table 3 Existing Richfield Shoppes Parking Demand Assuming Full Occupancy:Based on City Standards Hourly Shared Parking Demand Based on City Requirements Re•uirements Avera e Weekda ea Proposed Parking Surplus/ Land Use Size Su Rate Demand Deficit 11 a.m. 12 p.m. 1 p.m. 2 p.m. 3 p.m. 6 p.m. 7 p.m. Existing Shopping Center-Neighborhood 30-100 KSF 54,313 SF 108 91 92 106 108 90 90 83 6645,665 SF Retail,7,888 SF Office&760 SF DQ) Vacant Retail Space 10,933 SF 4 perKSF 44 40 44 42 42 38 28 34 3110.933 SF) 218 66VacantOfficeSpace 1,284 SF 1 per 275SF 5 5 5 4 5 5 4 3 0 1,284 SF) 10 percent reduction for close-proximity to active transit line 10 percent reduction -5 4 -5 -S -5 -4 -3 -4 -3 Totals 218 per City Requirements 152 66 Total City Shared Parking Demand 131 135 148 150 129 119 116 94 Total Shared Supply 218 218 218 218 218 218 218 218 Total City Shared Parking Surplus/(Deficit) 87 83 70 68 99 102 Table 4 Richfield Shoppes Parking Demand with Proposed Restaurant:Based on City Standards Hour S are.Par ing Deman•Base.on City Requirements City Requirements Average Weekday.Peak Proposed Parking Surplus/ Land Use Size Su Rate Demand Deficit 11 a.m. 12..m. 1•.m. 2•.m. 3•.m. 6•.m. 7..m. 8•.m. Existing Shopping Center-Neighborhood 30-100 KSF 54,313 SF 108 91 92 106 108 90 90 83 66 45,665 SF Retail,7,888 SF Office&760 SF DC) Vacant Retail Space 6,733 SF 4 perKSF 27 25 27 26 26 24 17 21 19 6,733 SF) Vacant Office Space 1,284 SF 218 1 per27SSF 5 44 5 5 4 5 5 4 3 0 1.284 SF) Proposed Restaurant-Class I&II 4,200 SF 4.200 SF or 150 seats) 10 per KSF 42 7 21 16 11 8 39 42 34 10 percent reduction for dose-proximity to active transit line 10 percent reduction -7 4 -S -5 -4 -4 -6 -7 -5 Totals 218 per City Requirements 174 44 Total City Shared Parking Demand 123 208 197 14S 123 145 142 114 Total Shared Supply 218 218 218 218 218 218 218 218 Total City Shared Parking Surplus/(Deficit) Ei 10 21 73 95 73 76 104 Represents the peak parking demand hour of the Richfield Shoppes. Page 7 Westwood Professional Services,Inc. 6/5/2013 Table S Existing Richfield Shoppes Parking Demand Assuming Full Occupancy: Based on Parking Industry(ITE)Standards Hourly Shared Parking Demand Based on Parking Industry(ITE)Standards ITE Parking Demand Average Weekday Peak Proposed Parking Surplus/ Land Use Size Supply Rate Demand Deficit 11 a.m. 12•.m. i•.m. 2•m. 3..m. 6•.m. 7•.m. 8..m. Existing Shopping Center-Neighborhood 30-100 KSF 54,313 SF 108 91 92 106 108 90 90 83 6645,665 SF Retail&7,888 SF Office) Vacant Retail Space 10,933 SF 218 2.55 10,933 SF) perKSF 28 79 25 28 27 26 25 18 21 20 Vacant Office Space 1,284 SF 2.47 perKSF 3 3 3 3 3 3 3 2 01784SF1 Totals 218 per ITE Parking Demand 139 79 Total ITE Shared Parking Demand 120 123 136 138 118 111 106 86 Total Shared Supply 218 218 218 218 218 218 218 218 Total ITE Shared Parking Surplus/(Deficit) 1111 95 82 80 100 107 1121 132 Table 6 Richfield Shoppes Shared Parking Demand with Proposed Restaurant: Based on Parking Industry(ITE)Standards Hour S are•Par.ingDemandBase•on Par ingIn•ustry ITE Stan•ar•s ITE Parking Demand Average Weekday Peak Proposed Parking Surplus/ Land Use Sae Supply Rate Demand Deficit 11 a.m. 12 p.m. 1 p.m. 2 un, 3 m. 5 .m.p 7p.m. 8 P.m.Existing Shopping Center-Neighborhood 30-100 KSF 54,313 SF 0 91 92 106 108 90 90 63 6645,665 SF Retail&7,888 SF Office) Vacant Retail Space 6,733 SF 2.55 perKSF 17 16 17 17 16 15 11 13 126,733 SF) 218 126VacantOfficeSpace 1,284 SF 2.47 perKSF 3 3 3 3 3 3 3 2 01,284 SF) Proposed Restaurant-High-Turnover Sit-Down 150 seats 0.48 per seat 72 12 35 28 19 14 68 72 584.200 SF or 150 seats) Totals 218 per ITE Parking Demand 92 126 Total ITE Shared Parking Demand 121 148 154 147 122 172 170 136 Total Shared Supply 218 218 218 218 218 218 218 218 Total ITE Shared Parking Surplus/(Deficit) 97 70 64 71 96 46 48 82 I=Represents the peak parking demand hour of the Richfield Shoppes. Page 8 Westwood Professional Services,Inc. 6/5/2013 3 June 5, 2013 Page 9 Accounting for the time-of-day parking demand of the existing shopping center at full occupancy, Table 5 shows that the Richfield Shoppes is adequately parked with an overall surplus of 80 parking spaces during the peak parking period (2:00-3:00 p.m.) when shared parking is applied to the industry standard parking demand data from ITE. As shown in Table 6, adding the proposed restaurant will reduce the overall parking surplus from 80 to 46 parking spaces, and will likely shift the peak parking demand hour from 2:00—3:00 p.m. to 6:00—7:00 p.m. when shared parking is applied to industry standard parking demand data from ITE; however, the Richfield Shoppes shopping center will continue to be adequately parked. Conclusions Based on the results of the parking utilization study,the Richfield Shoppes shopping center is adequately parked when considering the existing parking demand of the site, full occupancy of the vacant retail/office space, and the proposed restaurant. P:10001444.001docs\TiafcRReport\Richfield Shoppes Phase 11 Parking Study_6-5-2013.docx AGENDA SECTION:CONSENT CALENDAR AGENDA ITEM #2.B. STAFF RE P ORT NO. 43 CIT Y COUNCIL ME E T ING 3/22/2022 RE P O RT P RE PA RE D B Y: Olivia Wycklendt, C ivil E ngineer D E PA RTME NT D IRE C TO R RE V IE W: K ristin A sher, P ublic Works D irector 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 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 bid tabulation and award of contract to Park Construction Co. for the 2022 Concrete and Mill and Overlay Project in the amount of $320,771.38 and authorize the City Manager to approve contract changes under $175,000 without further City Council consideration. E X E C UT IV E S UM M ARY: The project includes replacement of cracked and heaved sidewalk, curb, gutter, and other concrete, as necessary. All catch basins and manhole structures in the area are also inspected and, if necessary, repaired as part of this project. A map of the locations for the concrete work is attached. As part of this same project, approximately 1.2 miles of residential roads have been identified in need of major maintenance and will receive a mill and overlay in 2022. To reduce costs and perform necessary maintenance and replacement, concrete repairs are concentrated in mill and overlay areas. For roads that are adequate candidates, mill and overlay is a cost effective maintenance solution that provides most of the benefits of new construction at a fraction of the cost. The surface is milled to remove the top 2"-3" of asphalt and a new asphalt layer is applied improving the surface integrity of the road and eliminating patching needs. Typically in Richfield the base layer of these roads is found to be in good condition and are great candidates for mill and overlay. I n conjunction with regular maintenance, the life of a roadway can be extended well beyond the original intended life of 20-30 years. Bids for the mill and overlay project were opened on March 9th, 2022. Park Construction Company was the lowest responsive and responsible bidder in the amount of $320,771.38. RE C O M M E ND E D AC T I O N: By motion: Approve the bid tabulation and award of contract to Park Construction Co. for the 2022 Concrete and Mill and Overlay Project in the amount of $320,771.38 and authorize the City Manager to approve contract changes under $175,000 without further City Council consideration. 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 As part of the City’s street maintenance program, cracked and heaved sidewalk, curb, gutter, and other concrete work is completed each year. The project includes rebuilding catch basins and manhole collars, as needed, in preparation for mill and overlay. The residential roads were originally constructed between 1972 and 1977. A pavement management program began in 1980. That policy direction was set to protect the City’s capital investment and maintain an acceptable roadway system in Richfield. The City’s ongoing preventive maintenance program is essential in delaying the costs associated with total road reconstruction. Some of the roads being resurfaced this year were identified for resurfacing in the Accelerated Mill and Overlay Program, but could not be completed due to conflicting private and/or public projects. The remainder of roads being resurfaced have been identified as requiring a mill and overlay by the City's assessment of current roadway conditions. B.P OL IC IE S (resolutions, ordinances, regulations, statutes, etc): The City has adopted a pavement management program to maintain the quality of the road system and prolong the life of the capital investment made in our streets. Per the City's American with Disabilities Act (A D A) Transition Plan, sidewalks, trails, and crossings are brought into compliance with the current A D A requirements. C.C R IT IC AL T IMIN G IS S U E S: The concrete and mill and overlay work is scheduled to begin J une 13, 2022, and be completed by August 12, 2022. Regular preventive maintenance techniques are effective in delaying costly street reconstruction projects. D.F IN AN C IAL IMPAC T: Nine (9) bids were received for the 2022 Concrete and Mill and Overlay project ranging from $320,771.38 to $497,879.00 The lowest responsive and responsible bid was $320,771.38 submitted by Park Construction Company. A recent history of bid prices for mill and overlay: Year Bid Price Asphalt (ton)Contractor 2008 $40.00 Harddrives 2010 $47.00 Valley Paving 2015 $52.00 Harddrives 2016 $40.80 Park Construction 2017 $37.00 Bituminous Roadways 2018 $36.85 Bituminous Roadways 2019 $45.00 Bituminous Roadways 2020 $48.75 Bituminous Roadway s 2021 $52.07 Park Construction 2022 $71.79 Park Construction Additional work may be added or subtracted from the mill and overlay contract depending on actual cost of construction. E.L E GAL C ON S ID E R AT ION: W hen a purchase or contract is estimated to exceed $175,000, sealed bids shall be solicited by public notice in the manner and subject to the law governing contracts or purchases by the City of Richfield. Since the contract value exceeds $300,000, this project will be governed by Richfield's prevailing wage regulations (Richfield Municipal Code, Section 435). The advertisement for bid for the project was published in the Richfield Bloomington Sun Current on February 17, 2022, and on the Questcdn.com website on February 16, 2022. Bid opening was held on March 9, 2022. A copy of the bid tabulation is attached. 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 2022 C oncrete and Mill and Overlay B id Tab B ackup Material 2022 Mill and Overlay Map B ackup Material 2022 C oncrete Work Map B ackup Material C ontract C ontract/A greement CITY OF RICHFIELD, MINNESOTA Bid Opening March 9, 2022 11:00 a.m. 2022 Mill & Overlay Project Bid No. 22-02 Pursuant to requirements of Resolution No. 1015, a meeting of the Administrative Staff was called by Kari Sinning, City Clerk, who announced that the purpose of the meeting was to receive; open and read aloud bids for the 2022 Mill & Overlay Project, as advertised in the official newspaper on . Present: Kari Sinning, City Clerk Olivia Wycklendt, Civil Engineer Joe Powers, City Engineer Chris Swanson, City Manager Representative The following bids were submitted and read aloud: Bidder’s Name Bond Non- Collusion Intent to Comply Responsible Contractor Certificate Total Base Bid Park Construction Company Provided Provided Provided Provided $320,771.38 GMH Asphalt Corporation Provided Provided Provided Provided $333,665.25 Valley Paving Inc. Provided Provided Provided Provided $360,691.00 Bituminous Roadways, Inc; Inver Grove Heights, MN Provided Provided Provided Provided $366,283.00 OMG Midwest Inc Provided Provided Provided Provided $367,705.37 McNamara Contracting; Provided Provided Provided Provided $375,067.50 Asphalt Surface Technologies Corp Provided Provided Provided Provided $398,974.70 Northwest Provided Provided Provided Provided $432,052.75 S.M. Hentges & Sons, Inc. Provided Provided Provided Provided $497,879.00 The City Clerk announced that the bids would be tabulated and considered at the March 22, 2022 City Council Meeting. _______________________ Kari Sinning, City Clerk City of Richfield GIS, County of Dakota, Three Rivers Park District, Esri Canada, Esri, HERE, Garmin, GeoTechnologies, Inc., Intermap, USGS, METI/NASA, EPA, USDA Mill and Overlay on these roads Legend Disclaimer: All graphic data supplied are constantly undergoing change and is not warranted for the content or accuracy. Any implied warranties, including warranties of merchantability or fitness for a particular purpose, shall be expressly excluded. The City of Richfield can not be held liable for errors or omissions in the data. The recipient's use and reliance upon such data is at the recipient's risk. By using this data, the recipient agrees to protect, hold harmless and indemnify the City of Richfield and its employees and officers. This indemnity covers reasonable attorney fees and all court costs associated with the defense of the city arising out of this disclaimer. Department of Public Works City of Richfield GIS, County of Dakota, Three Rivers Park District, Esri Canada, Esri, HERE, Garmin, GeoTechnologies, Inc., Intermap, USGS, METI/NASA, EPA, USDA Concrete Work along Entire Road Legend Disclaimer: All graphic data supplied are constantly undergoing change and is not warranted for the content or accuracy. Any implied warranties, including warranties of merchantability or fitness for a particular purpose, shall be expressly excluded. The City of Richfield can not be held liable for errors or omissions in the data. The recipient's use and reliance upon such data is at the recipient's risk. By using this data, the recipient agrees to protect, hold harmless and indemnify the City of Richfield and its employees and officers. This indemnity covers reasonable attorney fees and all court costs associated with the defense of the city arising out of this disclaimer. Department of Public Works Concrete Work in Specific Location AGENDA SECTION:CONSENT CALENDAR AGENDA ITEM #2.C. STAFF RE P ORT NO. 44 CIT Y COUNCIL ME E T ING 3/22/2022 RE P O RT P RE PA RE D B Y: Julie Urban, A sst. C ommunity D evelopment D irector D E PA RTME NT D IRE C TO R RE V IE W: Melissa P oehlman, C ommunity D evelopment D irector 3/16/2022 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 3/16/2022 I T E M F O R C O UNC IL C O NS ID E RAT I O N: Consider a resolution of support for the development of affordable, supportive housing for people with the lowest incomes on the property located at 6613-25 Portland Avenue. E X E C UT IV E S UM M ARY: On Tuesday, March 8, at a joint work session of the City Council, Housing & Redevelopment Authority, and Planning Commission, Beacon Interfaith Housing Collaborative (Beacon) presented conceptual plans for the development of up to 40 units of supportive rental housing at 6613-25 Portland Avenue. Beacon specializes in developing supportive housing at deeply affordable levels throughout the Twin Cities. T he population to be served would include neuro-diverse youth and young adults, and supportive housing services would be provided on-site. T he units would primarily be affordable at 30 percent of the Area Median Income. T his land is guided for Medium-Density Residential housing in the City's 2040 Comprehensive Plan. Beacon is now requesting a resolution from the City, confirming their support for the concept of affordable/supportive housing at this location. T his resolution of support does not guarantee or obligate the approval of any specific land use requests, but rather will indicate that the City is supportive of the conceptual development of the land in this manner. T his resolution will aid Beacon in securing project financing and support at other levels of government. T he City of Richfield has a long history of partnering with organizations that best serve its residents. Supporting housing stability for people with the lowest incomes is a way to further the community's commitment to equitable opportunities for all. RE C O M M E ND E D AC T I O N: By motion: Approve the attached resolution supporting the development of affordable, supportive multi-family housing by Beacon Interfaith Housing Collaborative at the property located at 6613-25 Portland 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 Beacon I nterfaith Housing Collaborative is a non-profit housing developer that has developed deeply affordable, supportive housing throughout the Twin Cities. T he property contains remnant parcels from the Portland Avenue roundabout project. T he HRA has been seeking a viable development proposal for the site since 2009. B.P OL IC IE S (resolutions, ordinances, regulations, statutes, etc): The 2040 Comprehensive Plan calls for a full range of housing choices that meet residents' needs at every stage of their lives, and ensure a healthy balance of housing types that meet the needs of a diverse population with diverse needs. The property at 6613-25 Portland Avenue is guided for medium density residential housing. C.C R IT IC AL T IMIN G IS S U E S: I n order to seek funding for the proposed development, Beacon is seeking an indication of support by the City Council for the development of affordable, supportive housing. The first funding application is due April 13. D.F IN AN C IAL IMPAC T: None E.L E GAL C ON S ID E R AT ION: The attached resolution of support indicates that the Council is supportive of an affordable, accessible housing development in the area of 6613-25 Portland Avenue. I t does not obligate the City to approve any specific development proposal. ALTE R N AT IV E R E C O MME N D ATIO N(S): Do not approve a resolution of support. P R IN C IPAL PAR TIE S E X P E C TE D AT ME E TIN G: N/A AT TAC H ME N T S: D escription Type Resolution Resolution L etter A erial P hotograph of S ite E xhibit RESOLUTION NO. ______ RESOLUTION SUPPORTING THE DEVELOPMENT OF AFFORDABLE, SUPPORTIVE MULTIFAMILY HOUSING IN THE VICINITY OF 6613-25 PORTLAND AVENUE WHEREAS, the City of Richfield is committed to providing a full range of housing choices that meet residents’ needs at every stage of their lives and ensuring a healthy balance of housing types that meets the needs of a diverse population with diverse needs; and WHEREAS, the City of Richfield is committed to partnering with organizations that best serve its residents; and WHEREAS, Beacon Interfaith Housing Collaborative (Beacon) is an affordable housing developer focused on developing affordable, supportive homes for those with the lowest incomes; and WHEREAS, the City of Richfield is supportive of the mission of Beacon to provide stable, supportive housing affordable to those with the lowest incomes; and WHEREAS, the Housing and Redevelopment Authority in and for the City of Richfield owns land at 6613-25 Portland Avenue and where that land is guided for medium density residential housing; and WHEREAS, Beacon, has proposed to construct approximately 40 units of affordable, supportive housing, to be located at 6613-25 Portland Avenue, Richfield, Minnesota (the “Redevelopment”); and WHEREAS, Beacon has presented a conceptual Redevelopment to the City Council and has received support of the Council to move forward in the exploration of a specific Redevelopment plan and application; and NOW, THEREFORE, BE IT RESOLVED, that the City Council supports the development of affordable, supportive multifamily housing by Beacon in the vicinity of 6613-25 Portland Avenue. Adopted by the City Council of the City of Richfield, Minnesota this 22nd day of March, 2022. __________________________ Maria Regan Gonzalez, Mayor ATTEST: _________________________ Kari Sinnig, City Clerk 8 The Richfield Site 66th Street East and Portland Avenue South 6613-25 Portland AGENDA SECTION:CONSENT CALENDAR AGENDA ITEM #2.D. STAFF RE P ORT NO. 45 CIT Y COUNCIL ME E T ING 3/22/2022 RE P O RT P RE PA RE D B Y: C hris S wanson, Management A nalyst 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: K atie Rodriguez, C ity Manager 3/16/2022 I T E M F O R C O UNC IL C O NS ID E RAT I O N: First reading of transitory ordinance providing funding for ce rtain capital improv ements from the Liquor Contribution Spe cial Re ve nue Fund. E X E C UT IV E S UM M ARY: As part of the Capital I mprovement Budget (C I B) and annual City Budget process, certain special revenue funds are allocated each year to fund capital projects identified through the budget process. The source of the special revenue funds are profits derived from the City’s Liquor Store operation. These profits are transferred to the Liquor Contribution Special Revenue Fund. Before the funds can be used for the identified capital projects, the City Charter requires that a transitory ordinance be used to authorize the expenditure of the funds. I n addition, the ordinance process allows for public input through a public hearing. The proposed funding for 2022, per the approved C I B budget, totals $450,000 and encompasses several park and recreation related projects. RE C O M M E ND E D AC T I O N: By Motion: Approve first reading of the transitory ordinance providing for the expenditure of funds from the Liquor Contribution Special Revenue Fund for certain capital improvements, schedule public hearing and second reading for April 12, 2022. 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 At the December 14, 2021 City Council meeting, the City Council authorized $450,000 of Special Revenue Funds for improvements to several City capital improvements in 2022. I ncluded in the $450,000 are: $50,000 Major Park Maintenance/Fence Repair $50,000 Community Center/Wood Lake Building Repair $105,000 Donaldson Park Renovation $65,000 Fairwood Park Tennis Court Rebuild $90,000 Monroe Park Play Equipment $90,000 Sheridan Park Play Equipment The 2022 C I B also provides for expenditures for all types of funds contained in the budget including municipal state aid, user fees, state grants, county funds, and issuance of debt. Authorization by ordinance is not required for expenditures other than Special Revenues. B.P OL IC IE S (resolutions, ordinances, regulations, statutes, etc): City Charter Section 7.12, Subd. 2 requires that Special Revenue Funds used for capital improvements must be authorized by ordinance. This process provides for public input through a public hearing. C.C R IT IC AL T IMIN G IS S U E S: Under Section 3.09 of the City Charter, a transitory ordinance becomes effective 30 days after publication of the second hearing notice. The ordinance requirements must be completed early enough in 2022 so that the capital projects can be initiated on a timely basis, completed and the funds expended. I t is suggested that the first reading of the transitory ordinance take place on March 22, 2022 and a public hearing and second reading be completed at the April 12, 2022 City Council meeting. D.F IN AN C IAL IMPAC T: W hile the total 2022 C I B includes total budgeted expenditures of $12,880,000, the portion of the C I B concerning proposed funding from the Special Revenue fund is $450,000. $50,000 Major Park Maintenance/Fence Repair $50,000 Community Center/Wood Lake Building Repair $105,000 Donaldson Park Renovation $65,000 Fairwood Park Tennis Court Rebuild $90,000 Monroe Park Play Equipment $90,000 Sheridan Park Play Equipment A transitory ordinance is necessary to finalize the appropriations utilizing special revenue funds pursuant to City Charter. The source of Special Revenue funds is municipal liquor profits. E.L E GAL C ON S ID E R AT ION: The City Charter requires that a transitory ordinance be used to authorize the expenditure of Special Revenue funds. T he City Attorney has reviewed the transitory ordinance and approved of its contents and its compliance with the City Charter. ALTE R N AT IV E R E C O MME N D ATIO N(S): The City Council could decide to authorize none or only a portion of the expenditures identified from special revenue in the C I B. 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 TRA NS ITO RY ORD INA NC E F OR THE E X P E ND ITURE O F MO NE Y F ROM THE L IQ UOR C O NTRIB UTION S P E C IA L RE V E NUE F UND Resolution L etter BILL NO. TRANSITORY ORDINANCE NO. AN ORDINANCE PROVIDING FOR THE EXPENDITURE OF MONEY FROM THE LIQUOR CONTRIBUTION SPECIAL REVENUE FUND FOR CERTAIN CAPITAL IMPROVEMENTS CITY OF RICHFIELD DOES ORDAIN: Section 1: It is found and determined to be necessary and expedient for the City to expend money from the Liquor Contribution Special Revenue Fund for the making of capital improvements listed in Section 2 hereof, for which the City would be authorized to issue general obligation bonds. Section 2: The capital improvements and amounts of expenditures for such improvements which are authorized to be paid from the Liquor Contribution Special Revenue Fund under Section 7.12, Subdivision 2 of the City Charter, are as follows: Major Park Maintenance/Fence Repair $ 50,000 Community Center/Wood Lake Building Repair $ 50,000 Donaldson Park Renovation $ 105,000 Fairwood Park Tennis Court Rebuild $ 65,000 Monroe Park Play Equipment $ 90,000 Sheridan Park Play Equipment $ 90,000 Section 3: The expenditures herein authorized shall be made pursuant to such contracts as are authorized from time to time by Council action. Passed by the City Council of the City of Richfield this 22nd day of March, 2022. Maria Regan Gonzalez, Mayor ATTEST: Kari Sinning, City Clerk AGENDA SECTION:CONSENT CALENDAR AGENDA ITEM #2.E. STAFF RE P ORT NO. 46 CIT Y COUNCIL ME E T ING 3/22/2022 RE P O RT P RE PA RE D B Y: C hris S wanson, Management A nalyst 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: K atie Rodriguez, C ity Manager 3/16/2022 I T E M F O R C O UNC IL C O NS ID E RAT I O N: Consider approval of a service level agreement with Dialog One, L LC for translation and Interpretation services. E X E C UT IV E S UM M ARY: The City of Richfield is dedicated to building a diverse, inclusive and thriving hometown. The city seeks to understand barriers and connect all residents with opportunities. The 2020 Census found 41 percent of our community identifies as black, indigenous, and people of color. I n addition, English is not the primary language spoken at home for 24.4 percent of our residents. W e want to serve all members of our community and ensure they feel invited to engage with the city. Historically, the city employed a patchwork of approaches to ensuring translation and interpretation services were available to our residents. I ndividual departments entered into informal agreements with various vendors for this service or, have asked staff to do the interpretation. Looking forward, the city is looking for a vendor to provide a single point of access to a broad range of services. To support and communicate with our community, the city requested proposals for translation and interpretation services, including: On-demand over the phone interpreters On-demand video remote interpreters, including American Sign language Scheduled in-person consecutive interpreters Scheduled web conference interpreters Document translation City staff requested and received two bids for translation and interpretation services from local vendors; Dialog One, LLC and Global Translation and I nterpreter. City staff formed an internal review panel made up of employees from multiple departments and with diverse backgrounds. The recommendation from the panel, based on review of the services offered by the companies, was to enter into an agreement with Dialog One for translation and interpretation services for all city services except the Richfield Police Department (RP D). The RP D already has an existing contract through Hennepin County with a vendor certified to do law enforcement translation. There is no specific contract dates outlined in the terms of service. Staff will review the contract annually to ensure the needs of the organization and the community is being met. RE C O M M E ND E D AC T I O N: By Motion: Approve entering into a service level agreement with Dialog One, L LC for translation and Interpretation services. 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 Dialog One is a Twin Cities-based company founded in 2001. Dialog One offers more than 200 languages, 24 hours a day, 7 days a week, 365 days a year through certified, accredited, and qualified interpreters and translators. The following organizations use Dialog One for translation and I nterpretation services: Mid-Minnesota Legal Aid W ilder Foundation Hennepin, Ramsey, Dakota, Carver and W ashington Counties Roseville and Minneapolis Public Schools MP HA S P HA B.P OL IC IE S (resolutions, ordinances, regulations, statutes, etc): This agreement is in line with our Equitable Core Value. The City of Richfield is dedicated to building a diverse, inclusive and thriving hometown. The city seeks to understand barriers and connect all residents with opportunities. Richfield will reduce inequity by focusing on the areas of greatest disparities. C.C R IT IC AL T IMIN G IS S U E S: None D.F IN AN C IAL IMPAC T: The total annual cost is not expected to exceed $6,000. Dialog One will bill each department separately for services. Departments already have an adequate budget for translation and interpretation services. 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 City Council could deny entering into a service level agreement with Dialog One. This would mean the city does not have access to translation and interpretation services. 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 ialog One, L L C P roposal C ontract/A greement February 09, 2022 Attention: Chris Swanson Representing: City of Richfield Subject: Proposal for delivering language and cultural services Chris, Per your request, Dialog One is pleased to submit this proposal for the purpose of providing a single point of access for the City of Richfield to access reliable international language and cultural services. We are excited about the opportunity to partner with your organization to provide the value you need when communicating with families in your community of diverse cultural backgrounds. On behalf of Dialog One, thank you for your kind attention and consideration to our business collaboration. We look forward to working with you. Sincerely, Mr. Roberto D. Fonts, Dialog One, LLC 2380 Wycliff Suite St. Paul, MN. 55114 8(a) CERTIFIED BUSINESS SOCIO-ECONOMIC PROGRAMS Company Name: Dialog One, LLC Small  Address: 2380 Wycliff Street, Suite 200 St. Paul, MN 55114 Small Disadvantaged 8(a)  Contact’s Name: Roberto D. Fonts President and CEO HUBZone  Telephone: (651) 379-8600 Women Owned  Email Address: rfonts@dialog-one.com Veteran Owned  Website: www.dialog-one.com Service-Disabled Veteran  Fax Number: N/A GSA Schedule Holder  DUNS Number: 00-567-4408 GSA Contract Number: Cage Code: 541930 Other: MBE, ATA Corporate, * 8(a) Exit Date: November 11, 2024 COMPANY OVERVIEW Dialog One, LLC is a 21-year language service provider offering more than 200 languages, 24 hours a day, 7 days a week, 365 days a year through certified, accredited, and qualified interpreters and translators. Professional Service Providers and their limited English-speaking customers are now able to communicate effectively across multicultural markets to address conflicts arising from language and cultural differences. We provide our services at the local, national, and global scale. Dialog One’s administration performs with high levels of integrity and years of experience in the medical, legal, and human service professions. We are not only bridging communication barrier between languages and cultures, but we are also increasing our customer’s ability to create value in the community and be profitable in the process. Our services include • On-demand Phone/Video Interpreters - Consecutive & Simultaneous Sessions • Cultural Mediation • Document Translations - Trans-Creation • Editing • Transcription • Desktop Publishing • Bilingual Staffing • Proofreading • Inter-cultural Training and custom projects support. Company's Principal: Dialog One was founded in Minnesota by Roberto Fonts-Diaz a Cuban American who has made the United States his home. Dialog One’s mission is to allow the magic of communication be real in the world and that through his accountability every community in the world “is heard”. CORE CAPABILITIES Our corporate, government and consumer clients subscribe to our mobile app to access on demand human-centered over the phone, video remote interpreters in over 200 languages. As a language service provider, Dialog One focuses on supporting the medical, legal, education, marketing and human service professions to create value in the community they serve. Our secondary market focus is pharmaceutical, food/beverage, marketing/advertising, information technology, manufacturing, human resources and more. The company can customize its offerings to support our customers to get what they need for any language, project size and deadline. Company's Competitive Difference: What makes Dialog One unique is our commitment to provide value, innovation, speed of service delivery, quality, and cost efficiency. Over the course of the 20 + years in business, Dialog One has recruited over 7,000 bilingual professionals around the world and has developed complementary online software to help our customers place orders and manage services 24x7x365. NAICS CODE DESCRIPTION 541930 Translation and interpretation services CUSTOMER EXPERIENCE Lifetouch, Jennie O' Turkey Store • Form Stack • Central MN Legal Services • Blue Cross and Blue Shields of MN • Sun Country • Health Alliance • Medica • HealthPartners • Ucare • Metropolitan Health Plan • Aveda Corp • Shutterfly • Best Buy • Mid-Minnesota Legal Aid • Cub Foods • Cintas Corp • Wilder Foundation • Hennepin, Ramsey, Dakota, Carver and Washington Counties • Roseville and Minneapolis Public Schools • MPHA • SPHA LANGUAGE SERVICE PROPOSAL Dialog One's Professional network of interpreter allows our clients to use our language services as one their one stop solution to all of their languages cultural service needs. We offer over 200 languages 24 hours a day 7 days a week. OVER THE PHONE, VIDEO REMOTE, ON-SITE INTERPRETERS & DOCUMENT TRANSLATIONS OVER THE PHONE INTERPRETERS ON DEMAND: Our hours-of-service operation for on-demand over the phone interpretation is 24 hours 7 days a week and accessible from landline phones, computer browsers or through our mobile App. VIDEO REMOTE INTERPRETERS ON DEMAND: Our hours-of-service operation for American Sign language and spoken major languages on video remote interpretation is 24 hours 7 days a week. WEB CONFERENCE INTERPRETER BY APPOINTMENTS: We support webconference platform such as Zoom, Webex, Gogle Meet, Microsoft Meet and many other web conference platforms. ON-SITE INTERPRETER BY APPOINTMENTS: We support through our preschedule platform the opportunity to secure an in person interpreter for important business meetings. The services is offer 24 hours 365 days of the year. DOCUMENT TRANSLATION BY APPOINTMENT: Our document translation is offered by appointment only. However, we can take rush translation orders and complete them depending on the the size, formatting requirements for the project to deliver it th customer on time. Translation services hours are M-F 8:00 am to 5:00 pm CST. Translations are assigned only to those who are native speakers for the target language and have related experience with the subject matter at hand. Query reports and regular meetings are used to efficiently solve translation issues and share production information. Editors review the document translated for accuracy, grammar, spelling, cross cultural concerns and writing style are thoroughly reviewed. In addition, 3rd party proofreaders are hired to simulate the experience of the targeted community by checking the text and cultural context. This step ensures a native flow and provides a further opportunity to an error free translation. Dialog One’s Interpreter Competency Dialog One recruits and train bilingual talent around the country to become Certified, Accredited and Qualified interpreters. Dialog One’s Academy was created to build a solid foundation in our professional network of interpreters and translators. These individuals have more than 5 years’ experience working the specialized fields of medical, legal, and human services. I n our roster, all translators-interpreters attend orientations, which provide them with the policies and procedures needed to support our customers, especially when providing translation and interpretation services to customers in the medical and legal pro fessions. We recruit trained highly skilled and committed professionals to meet our client’s cross cultural communication strategies in a way that produces positive results for everyone involved. Dialog One makes available continuing education to help these graduates grow and deepen their participation as professional interpreters/cultural mediators. Our program goes to work on awakening their innate ability to listen and communicate effectively and ethically when delivering services to professional service providers and limited English proficiency clients. For more information, please visit our website for interpreter’s testimonies. Interpreters Minimum Qualifications:  Proof of a minimum 2 years of college education  Completed the 40-hour training recommended by MDH – Bridging the Gap  Excellent verbal and written communication in both languages  Fluent in both native and acquired cultures  Experience working in each professional environment  Pass a language “Proficiency Exam” and vocabulary test  Criminal background check  Provide two (2) letters of recommendations  Orientation New bilingual language talent needs to meet the minimum qualification to be consider as an applicant. For the language talent to be consider as active enrollee in our roster, the talent needs to complete our online vocabulary test and language assessment and interview before getting accepted as an active agent in our online roaster. It is a policy at Dialog One to pay its interpreters professional living wages above the industry standard. Dialog One pays leaving wages to its network of accredited/certified and contract interpreters. The compensation is calculated based on years of experience, the modality, location, language combination and skill level of the interpreting. Interpreters with simultaneous interpreting skills are compensated at a higher rate with a minimum of two hours per order. For an interpreter to receive a higher level of compensation they must demonstrate experience and provide proof of such accreditation/certification and skills. Interpreters who are qualified as Medical, Legal or Human Service professions are required to demonstrate competency in the minimum sk ills and abilities required. Qualified interpreters who are not certified or accredited will not be allowed to work in areas where certification/accreditation is required. Dialog One pays its interpreters a small percent increase per hour when completing jobs after regular business hours, weekends or during national holidays. Interpreters working under contract with Dialog One, are not paid benefits since they are independent contractors. When Dialog One is awarded the contract to provide these services, it intends to hire full and part time interpreters with benefits to fulfill on this agreement. Interpreters Daily Ethical and Integral Reflections Dialog One's interpreters refer to the following three questions before and after an interpreting session.  Is my listening in alignment with the outcomes set forth for the conversation?  Is my work motivating actions that align everyone's intent for the conversation?  Is my intent and actions in alignment with my professional, ethical conduct in practice? Experience and Capacity Dialog One will support all the above departments needing our Phone/Video Remote interpreter and Document translation service when needed. Our services will provide meaningful access to City residents to get adequate information about the City’s program and services. Dialog One’s responsibility is to help residents understand that those services and benefits are available to eligible residents. Dialog One’s responsibility is to provide on-demand phone and video interpreter access to allow City residents to communicate relevant circumstances to City staff in their native language. Dialog One will deliver on-demand phone/video remote interpreters and allow the City to scheduled interpreter sessions in our platform at no additional charge. Our over the phone spoken language interpreters’ services is delivered 24 hours a day, 7 days a week, 365 days a year. Video remote for spoken language interpreters’ services is delivered 7am to 7pm Monday through Friday Central Standard Time. American sign language interpreters’ services are delivered 24 hours a day, 7 days a week, 365 days a year. Languages spoken in the metropolitan area: Our interpreters’ services include all the languages needed in the City such as Spanish, Amharic, Anuak, Arabic Bosnian Bulgarian Cambodian Mandarin Chinese Cantonese Chinese Egyptian (Arabic) Ewe Farsi, French Creole, French, German, Hindi, Hmong, Karen, Kirundi, Korean, Lao, Moroccan (Arabic), Oromo (Oromia), Polish, Portuguese (Brazil), Romanian, Russian, Somali, Spanish, Sudanese (Arabic), Swahili, Tibetan, Tigrinya, Turkish, Ukrainian, Vietnamese, Afghani, Dari and many others. The following is a detailed description of the proposed project responsibility and management Dialog One is bringing to this project. The number of interpreters needed for this project will be determined when we see a report of daily call activity from your current language service provider. We believe many of the City’s department has a lager need for Spanish, Somali, Karen, Burmese, and many other languages. Dialog One plans to bring local talent to support the total volume of calls needing interpreters throughout your department. In addition, Dialog One will be adding additional full time or part time employees to our language queues as opportunities increases for us in Ramsey County. MULTI-LAYERED, THREE-STEPS CALL MANAGEMENT PLAN Step 1: Calls are first transferred to dedicated interpreters, queued specifically for the city, to ensure that all calls are handled professionally and in a timely manner (Queue No.1) Step 2: During instances of peak times and when no interpreters are available in Queue No. 1, calls are seamlessly routed to qualified interpreter in a second queue (Queue No. 2) handling calls only from a small number of specific accounts. Step3: If no one is available on Queue 1 or 2, calls are transferred to a general queue of qualified and accredited interpreters. Interpreters in this pool are handling our overflow calls for interpreters. This three-step process occurs seamlessly through our state of the art skilled-based call routing system, ensuring that no call is missed and is answer within 10-30 seconds of its initiation Capacity and Ability to meet the City’s language services needs We provide three (3) ways to access over the phone interpreters through our network: 1: Our customers can access our interpreters through traditional telephone landline networks. The platform assigns an account and a PIN to each person authorized to access the service. The platform provides the caller with the call centers’ dialing number to connect to an interpreter immediately. The IVR (Interactive Voice Response) supports using touch tones for language selections or allows the caller to say the language desired and connects the choice to a live interpreter in seconds. 2: Our customer can access audio/video interpreters from any laptop or desktop computer. The platform assigns an account and accepts the credentials of each person authorized to enter the system. The platform requires the caller to enter their username and password at the time of requesting an interpreter. Once in the system the caller selects the language from the quick dial or chooses one from the language dropdown menu then presses the audio or video icon symbol to call and connect to an interpreter. 3: Customers can download the Android/Apple mobile App from any mobile device available. The Customer downloads the app to its mobile device, selects the language from the dropdown menu or quick dial pad, and presses the audio or video icon symbol to call and connect to an interpreter. To access an interpreter through your computer browser, go to www.dialog-one.com to click on My Dovi account and enter your username and password to access the platform. When accessing services from any mobile device, we recommend headsets be used, so personal information remains private and away from eavesdroppers. All you need is an internet connection to access the application. With a touch of a button, you can connect with an on-demand or schedule interpreter for an appointment where a specific language interpreter is needed. The Phone/Video Interpreter customer/administrator is invited to open an account. Each user wanting to enter the platform is uniquely identified by a username and password that is safeguarded by the system. The account information is associated with the users email address and is the key to identifying the caller in the account cost center associated with that user. Our service response to your needs for on demand or scheduled Phone/Video session interpreter is under 30 seconds for most languages. The telephony platform offers complete management of users in the system and uses analytics so that service administrators can monitor their language service needs and outcomes throughout the organization. Customer requests for languages can be made on-demand or scheduled in advance for specific interpreters or situations to meet specific cultural requirements. Dialog One’s backstop partners provide overflow support through our system which ensures that all community spoken languages are answered promptly for phone or video interpretation. Please note: Dialog One provides full support to American Sign Language (ASL) interpreting and many other exotic languages spoken in the community. Dialog One provides a complimentary 24-hour online self-serve scheduling platform to help the City’s departments schedule or cancel an interpretation and translation service requests anytime of the day or night. Quality of our services is paramount to Dialog One. To that end, Dialog One applies the six (6) dimensions of quality formulated by the Institute of Medicine (IOM) and applies these concepts to our language services. 1. Safety: Avoid harm to patients/clients through language assistance. 2. Timely and Responsive: Reducing harmful delays for those who receive and those who provide the language services. 3. Effective: Provide language services based on knowledge to all who could benefit and refraining from providing services to those not likely to benefit. 4. Efficiency: Avoiding waste - including waste of scarce language service resources, the time of patients/clients, hospital staff and interpreter service personnel, equipment, supplies, ideas, and energy. 5. Equity: Providing language assistance that does not vary in quality because of personal characteristics such as language preference, sex ethnicity, geographic location, and socioeconomic status. 6. Human-centered: Providing language assistance that is respectful of and responsive to individual patient/client preferences, needs, culture and values and ensuring that patient/client values guide all the decisions and choices. Customers can choose to evaluate the session quality and effectiveness of an OPI or VRI session via the Dialog One application by selecting from one (1) or more of the five (5) stars ratings in the system. The interpreter’s performance is very important to Dialog One management, moreover, aggregated results are viewed on an ongoing basis. If an interpreter receives a two (2) star rating or lower the situation will be assessed and reviewed by management to determine how performance can be improved. The Dialog One application allows for review of the OPI and VRI sessions to ensure quality. Dialog One can provide detailed invoices on a weekly, bi-weekly, or monthly basis. The City can create accounts for individual departments and authorize buyers for that account. Invoices will identify the department and buyer for each order. Dialog One’s billing policy is that all scheduled hourly services more than the 1-hour minimum for scheduled sessions are billed in 15-minute increments. Dialog One will invoice ‘per minute’ used for the on-demand phone and video services. Dialog One can customize the invoice formats as required. Dialog One can provide a basic monthly report to the city indicating charges, scheduled times, patients, and clients visited, location, facility, number of hours, minutes, and word count. Dialog One can provide statistical reports, given the large number of potential combinations of factors. Since all orders reside in our database with details such as language requested, date of service, department codes, personal codes, rates and other information, custom reports can be generated upon request. Webex integration with our DOVI suite. At Dialog One, we're finding new ways to add interpretation into the everyday for more businesses interactons. Our DOVI App integrates well with your webex and zoom accounts for Interpretation sessions whenever needed. it brings the power of 3,000 + interpreters in over 200 languages straight into Webex video and voice calls.  Users can access the DOVI suite Interpretation App from within their next Webex or Zoom account  From within your Webex caller, click Apps in the bottom bar. Once you've opened it, you'll see Boostlingo Interpretation.  For existing customers, users can use their credentials from the dialog-one.interpretmanager.com for Android users and the app for iOS users.  For new users, you can sign up for an account ahead of your next call. You'll need a paid Webex account and an active DOVI account to use the Interpretation service. Document Translation Industry Tools Dialog One requires using the latest technologies to support our customers with efficiency. We can meet all of our customers’ requirements by utilizing the following composition tools.  Trados  Microsoft Office  Wordfast  SKLX  Déjà Vu x  InDesign  Illustrator  Photoshop  FrameMaker  Dreamweaver  PageMaker  Others Our Desktop Publishing team works together with our translation team to ensure the final document is delivered exactly like the source document but in another language. Our services include complete work, all the way from the initial translation to the printing of the document. Documents are delivered to our customer in any of the following formats: DOC TXT EXCEL POWER P. P. ACESS RTF PAGEMAKER QUARK EXP ILLUSTRATOR INDESIGN PHOTOSHOP FRAME MK HTML SGML XML WORDPRESS PHP OTHERS Step by step process to ensure document translation quality Step 1: Dialog One assigns a project manager to ensure the client’s requirements are met. Typical workflow for project manager is to review the customer’s translation requirements, review the source document, assigns workload. Project manager observes the creation for the glossary of terms and determines consistency and branding for the entire project. Step 2: The assigned project manager appoints a project team leader, prepares a project glossary, and provides training if necessary. The project manager ensures the project is moving forward as indicated in the scope of work. Step 3: Translations are assigned only to those who are native speakers for the target language and have related experience with the subject matter at hand. Query reports and regular meetings are used to efficiently solve translation issues and share production information. Editors review the document translated for accuracy, grammar, spelling, cross cultural concerns and writing style are thoroughly reviewed. In addition, 3rd party proofreaders are hired to simulate the experience of the targeted community by checking the text and cultural context. This step ensures a native flow and provides a further opportunity to an error free translation. Step 4: Quality Assurance (QA) process evaluation is executed to randomly see if all the translated files are meeting the project instructions and the internal quality standards. Step 5: Project manager and the translation team meets to sign off on the entire project. The entire team conducts final reviews of the project by looking into linguistic choices, cross cultural validations, and overall branding choices. The final document is then approved for delivery to the customer using the desired media. Step 6: Project Summary, the project manager and QA manager both evaluate the project quality as well as the performance for the entire team. The translation memory and glossary are kept for future uses and related files are backed up. District 916 Schools Interpreter and Translation Rates On-demand phone/video interpretaters (0) minimum Rate per minute $ 1.50 English < > All community spoken languages* Rate per minute $ 2.25 English < > American Sign Language (ASL) For scheduled video interpreters for Zoom/Google Meet sessions, the prices for a one-hour minimum are listed below under the in-person section. Scheduled in-person consecutive interpreters (2) hours minimum Rate per hour $ 55.00 English < > Spanish Rate per hour $ 65.00 English < > Community Languages* Rate per hour $ 75-95 English < > Exotic Languages Rate per hour $ 75-95 English < > American Sign Language Travel $ N/A Per mile, travel time outside the metro area my apply Schedule webconference consecutive interpreters sessions (1) hour minimum Rate per hour $ 55.00 English < > Spanish Rate per hour $ 65.00 English < > Community Languages* Rate per hour $ 75-95 English < > Exotic Languages/ASL Schedule webconference simultaneous interpreters sessions (1) hour minimum for townhall meetings Rate per hour $ 95.00 English < > Spanish Rate per hour $ 20.00 English < > Community Languages* Rate per hour $ 75-95 English < > Exotic Languages *Community spoken languages supported are: Amharic, Arabic, Burmese, Cantonese, French, Hmong, Laotian, Karen, Khmer (Cambodian), Oromo, Russian, Tigrinya, Somali, Spanish and Vietnamese. Document Translation Rates Language Minimum Translation & Proofreading Proofread Only Status Technical Difficult Complex Volume Discounts Library Unit words Per word Per word Rush Charges Charges Charges After Amharic 200 $0.30 $0.20 25% $0.35 $0.38 $0.45 5,000 + Arabic 200 $0.30 $0.20 25% $0.35 $0.38 $0.45 5,000 + Burmese 200 $0.30 $0.20 25% $0.35 $0.38 $0.45 5,000 + Cantonese 200 $0.30 $0.20 25% $0.35 $0.38 $0.45 5,000 + French 200 $0.28 $0.20 25% $0.35 $0.38 $0.45 5,000 + Hmong (white) 200 $0.30 $0.20 25% $0.35 $0.38 $0.45 5,000 + Lao 200 $0.30 $0.20 25% $0.35 $0.38 $0.45 5,000 + Karen 200 $0.30 $0.20 25% $0.35 $0.38 $0.45 5,000 + Khmer 200 $0.30 $0.20 25% $0.35 $0.38 $0.45 5,000 + Korean 200 $0.30 $0.20 25% $0.35 $0.38 $0.45 5,000 + Oromo 200 $0.30 $0.20 25% $0.35 $0.38 $0.45 5,000 + Russian 200 $0.30 $0.20 25% $0.35 $0.38 $0.45 5,000 + Somali 200 $0.30 $0.20 25% $0.35 $0.38 $0.45 5,000 + Spanish 200 $0.25 $0.20 25% $0.28 $0.38 $0.45 5,000 + Vietnamese 200 $0.30 $0.20 25% $0.35 $0.38 $0.45 5,000 + S-Croatian 200 $0.30 $0.20 25% $0.35 $0.38 $0.45 5,000 + Others 200 $0.38 $0.22 25% $0.40 $0.42 $0.45 5,000 + Prices are subject to change at any time with 30 days written notice. The prices are subject to change with 30 days advance written notice Service Level Agreement Dialog One's over the phone interpreter service is available 24/7. Availability for video interpreters is more restrictive, and it is available only Monday through Friday from 8:00 am to 8: 00 pm Eastern Standar time for all community languages presented in this proposal. The Interpreter's availability for any language is based on time of day and available resources. Dialog One highly recommends video/phone modality as the most reliable way to access interpreter service. Interpreter connection time starts when the Interpreter comes on the line. All calls over 20 seconds will be billed per minute increments. The average connection time is 30-40 seconds, and the average call length is 15-20 minutes per phone/video calls. Exotic languages response time is under 2-3 minutes depending on language availability and time of day. *Community spoken languages supported are: Amharic, Arabic, Burmese, Cantonese, French, Hmong, Laotian, Karen, Khmer (Cambodian), Oromo, Russian, Tigrinya, Somali, Spanish and Vietnamese. Other charges After hours: Add 25% extra for after regular business hours 5:00 pm to 6:00 am, weekends/ holidays Rush orders: Add 25% extra for rush orders Reschedules: Requires 24 hours advance notice M-F 8 am to 5 pm Cancellations: Requires 24 hours advance notice M-F 8 am to 5 pm Same day cancellations, client/provider no shows pays the entire book time for the visit Summary of Service level agreement  Scheduled consecutive virtual sessions has a 1 hour minimum for all spoken/ASL languages  Scheduled consecutive in-person sessions has a 2 hours minimum for all spoken/ASL languages  Scheduled simultaneous virtual sessions has a 2 hours minimum + requires 2 interpreter  Scheduled simultaneous in-person sessions has a 2 hours minimum + requires 2 interpreters  On-site interpreter visits requires a minimum of 72 business hours advance notice M-F  Over the phone interpreter services is available on-demand 24 hours 7 days a week  Video remote interpreter services is available 8:AM to 8:00 PM M-F eastern standard time  No minimum monthly access charge for the DOVI suite phone/video interpreters  For web conferences/in person visits add 25% for after 5:00 pm M-F weekends/holidays  In-person visits have a minimum of 2 hours with 15 minutes increments after the minimum time  Web conference interpreter visits have a minimum of 1 hour with 15 minutes increments  Some restrctions may apply to virtual services requests for some languages  The customer pays the minimum booked-time when canceling with less than 24 hours.  The customer pays the minimum booked-time for provider or client, "NO SHOW."  Mileage Charge is valued at current market rates, $00.55 per mile out side the metro area  Appointments outside the metro are charged mileage + travel time $75.00 per hour, round trip  Lodging and other expenses charged at the local market rate. (for commercial accounts only)  Document translation/Proofreading has a 200 word minimum per order and language  Dialog One office hours are M-F from 8:00 am to 5:00 pm (CST) Terms of Service DATE ISSUED: February, 09 2022 In providing interpretation and translation services, Dialog One, LLC will make reasonable efforts to ensure the privacy of customers' communications. The customer agrees to safeguard its Client Identification Number against use by unauthorized persons. The customer shall be solely and entirely responsible for charges resulting from the use of its Client Identification Number, whether or not such use is authorized. All scheduled Interpretation sessions are scheduled with specific durations. Services provided for these sessions will be billed per minute/hour at the rates agreed upon in Attachment A. Interpreters for scheduled sessions are available for the entire time unless otherwise indicated by the customer. For assignments lasting more than the scheduled duration, the additional time will be billed in 15 minutes increments. Interpreter availability to stay overtime is subject to the Interpreter's schedule and is not guaranteed. If a scheduled session is canceled with less than twenty-four (24) hour notice, the customer is billed at the agreed per minute/hour rate for the job assignment's entire duration. Onsite Interpreter (s): Any in-person interpreter sessions delivered after business hours, weekends, and holidays are subject to a 25% surcharge. Scheduling Interpreter (s): Customers can schedule interpreters online 24/7. There is one business day cancellation policy after the Interpreter has been assigned to the session. Cancellations/Reschedules must be received during business hours between 8 am to 5 pm. Cancellations for scheduled interpreters made with less than one business day will be charged the entire scheduled time. Interpreter travel mileage (s): if the job site is more than 30 miles one way from the Interpreter departing location, mileage is charged to the customer at the IRS standard mileage rate for the current year. Dialog One will hire only interpreters available in the Metro Area, unless otherwise requested by the customer. Interpreter work hour (s): To prevent Interpreter from feeling fatigue due to the workload, assignments lasting longer than 2 hours generally may require two interpreters for both consecutive and simultaneous sessions. Dialog One will work with you to make such a determination. Document translation: Includes a translation, proofreading, and cultural competency review. The project is billed on a per word basis with a minimum of 200 words for a job assignment. Proofreading only, editing only, and documents formatting are billed on a per-hour rate with a minimum of one hour. Past due invoices: Invoices are due within 30 days. If an unpaid invoice is 30 days past due, a late fee of 3% of the balance will be added. Should it become necessary to refer your outstanding balance to a collection agency, a collection fee, not to exceed 3% of the balance referred; plus reasonable attorney's fees; and court costs when necessary, will be added to the balance due. These terms and conditions are subject to change by Dialog One, LLC, upon written notice. AGENDA SECTION:CONSENT CALENDAR AGENDA ITEM #2.F. STAFF RE P ORT NO. 47 CIT Y COUNCIL ME E T ING 3/22/2022 RE P O RT P RE PA RE D B Y: A my Markle, Recreation S ervices D irector D E PA RTME NT D IRE C TO R RE V IE W: A my Markle, Recreation S ervices D irector 3/14/2022 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 3/16/2022 I T E M F O R C O UNC IL C O NS ID E RAT I O N: Consider the approval of both a sidewalk and utility easement and a temporary construction easement at Nicollet Avenue and 70th Street with Hennepin County so intersection upgrades can be completed. E X E C UT IV E S UM M ARY: Hennepin County would like to start construction improvements at the intersection of Nicollet Avenue and 70th Street (HS I P Project), in the summer of 2022. They have requested both a sidewalk and utility easement as well as a temporary construction easement. The project will include both signal upgrades as well as A D A improvements, which will improve safety and accessibility to many of the major area features such as Augsburg Park and Richfield High School. Project improvements include: Upgraded traffic signals including left turn phasing and flashing yellow arrows to provide flexible signal operations. A D A pedestrian ramp improvements. Accessible pedestrians signals with audible signals and countdown timers. The temporary construction easement will commence on April 1, 2022, and expire on J une 30, 2023. The sidewalk and utility easement shall run with the land and be binding on the Grantor and its successors and assigns. RE C O M M E ND E D AC T I O N: By motion: Approve the temporary construction easement and sidewalk and utility easements with Hennepin County at Nicollet Avenue and 70th Street so both signal upgrades and AD A improvements can be completed. 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 None. B.P OL IC IE S (resolutions, ordinances, regulations, statutes, etc): The City of Richfield is working with Hennepin County to assist in their infrastructure improvements that include intersection signal upgrades and Americans with Disabilities Act related improvements. C.C R IT IC AL T IMIN G IS S U E S: Hennepin County due date is April 1, 2022 as that is when the County needs to turn over documents to MnD OT Federal Aid. D.F IN AN C IAL IMPAC T: There is no financial impact on the City of Richfield for these agreements. E.L E GAL C ON S ID E R AT ION: The City Attorney has reviewed all documents. 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: AT TAC H ME N T S: D escription Type S idewalk and Utility E asement for Nicollet Avenue and 70th S treet C over Memo Temporary C onstruction E asement for Nicollet Avenue and 70th S treet C over Memo     RC160-7- 784588.v1 1 SIDEWALK AND UTILITY EASEMENT THIS INSTRUMENT is made by the City of Richfield, a municipal corporation under the laws of the State of Minnesota, Grantor, in favor of the County of Hennepin, a body politic and corporate under the laws of the State of Minnesota, Grantee. Recitals WHEREAS, Grantor is the fee owner of certain real property in Hennepin County, Minnesota, PID 34-028-24-21-0001, legally described as That part of Government Lot 4, Section 34, Township 28, Range 24 which lies East of a line drawn parallel with the East line of the Minneapolis, Northfield & Southern Railroad right of way from a point in the South line of said Lot 4 distant 415 feet East of the East line of said right of way as measured along the South lines of Government Lots 4 and 5, said Section 34, except that part thereof described as follows: Beginning at the Southeast corner of said Government Lot 4; thence North along the East line of said Government Lot 4 a distance of 599.74 feet; thence West, at a right angle, a distance of 120.00 feet; thence Southwesterly, deflecting to the left 45 degrees 00 minutes 00 seconds, a distance of 185.00 feet; thence South, deflecting to the left 45 degrees 00 minutes 00 seconds a distance of 135.00 feet; thence Southwesterly, deflecting to the right 45 degrees 00 minutes 00 seconds, a distance of 111.97 feet, more or less, to the intersection with a line drawn parallel with the East line of said Government Lot from a point on the South line of said Government Lot distant 330.00 feet West from the Southeast corner of said Government Lot; thence South, along said parallel line, a distance of 257.36 feet, more or less, to said South line; thence East, along said South line a distance of 330.00 feet to the point of beginning. (the “Property”); and      RC160-7- 784588.v1 2 WHEREAS, Grantee intends to construct certain signal and Americans with Disabilities Act related Improvements to intersections along Nicollet Avenue and Portland Avenue (the “HSIP Project”); and WHEREAS, Grantor desires to grant to the Grantee a permanent sidewalk and utility easement according to the terms and conditions contained herein. Terms of Easement 1. Recitals. The recitals above area hereby incorporated herein and made part of the Easement. 2. Grant of Easement. For good and valuable consideration, receipt of which is acknowledged by Grantor, Grantor grants and conveys to the Grantee a perpetual, non-exclusive, utility easement and a public easement for pedestrian sidewalk purposes upon, over, under, across, and through that portion of the Property legally described on Exhibit A and depicted on Exhibit B attached hereto and made a part hereof (the “Easement Area”). 3. Scope of Easement. The sidewalk easement includes the right of public ingress and egress and the right of the Grantee, its contractors, agents, and employees to enter the Property at all reasonable times for the purpose of constructing, operating, maintaining, repairing and replacing a public sidewalk within the Easement Area. The perpetual, non-exclusive drainage easement granted herein includes the right of the Grantee, its contractors, agents, and employees to enter the Easement Area at all reasonable times for the purpose of locating, constructing, reconstructing, operating, maintaining, inspecting, altering and repairing the utilities in the described Easement Area. The easement granted herein also includes the right to cut, trim, or remove from the Easement Area such improvements, trees, shrubs, or other vegetation, and to prohibit obstructions and grading alterations as in the Grantee’s judgment unreasonably interfere with the easement or the function of the facilities located therein. This includes the right to remove or otherwise dispose of all earth or other materials excavated from the Easement Area. 4. Warranty of Title. The Grantor warrants that it is the fee owner of the Property and that it has the right, title and capacity to convey the easement herein. 5. Environmental Matters. The Grantor shall be responsible for any hazardous substances, as defined by applicable federal or state law, existing within the Easement Area or Property as of the date of this instrument except any release thereof resulting from Grantee’s actions pursuant to this instrument. 6. Binding Effect. The terms and conditions of this instrument shall run with the land and be binding on the Grantor and its successors and assigns. STATE DEED TAX DUE HEREON: NONE [signatures to follow.]      RC160-7- 784588.v1 3 Dated this _____ day of __________, 2022. GRANTOR CITY OF RICHFIELD By: Maria Regan Gonzalez, Mayor By: Katie Rodriguez, City Manager STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this ___ day of __________, 2022, by Maria Regan Gonzalez and Katie Rodriguez, Mayor and City Manager, respectively, of City of Richfield, a municipal corporation, on behalf of City as Grantor. Notary Public THIS INSTRUMENT DRAFTED BY: Kennedy & Graven, Chartered (SCZ) Fifth Street Towers 150 South Fifth Street Minneapolis, MN 55402               RC160-7- 784588.v1 A-1 EXHIBIT A Legal Description of the Easement Area    A permanent easement for sidewalk and utility purposes upon, over, under, across, and through all that part of the following described tract: That part of Government Lot 4, Section 34, Township 28, Range 24 which lies East of a line drawn parallel with the East line of the Minneapolis, Northfield & Southern Railroad right of way from a point in the South line of said Lot 4 distant 415 feet East of the East line of said right of way as measured along the South lines of Government Lots 4 and 5, said Section 34, except that part thereof described as follows: Beginning at the Southeast corner of said Government Lot 4; thence North along the East line of said Government Lot 4 a distance of 599.74 feet; thence West, at a right angle, a distance of 120.00 feet; thence Southwesterly, deflecting to the left 45 degrees 00 minutes 00 seconds, a distance of 185.00 feet; thence South, deflecting to the left 45 degrees 00 minutes 00 seconds, a distance of 135.00 feet; thence Southwesterly, deflecting to the right 45 degrees 00 minutes 00 seconds, a distance of 111.97 feet, more or less, to the intersection with a line drawn parallel with the East line of said Government Lot from a point on the South line of said Government Lot distant 330.00 feet West from the Southeast corner of said Government Lot; thence South, along said parallel line, a distance of 257.36 feet, more or less, to said South line; thence East, along said South line a distance of 330.00 feet to the point of beginning. described as follows: Beginning at the intersection of the south line of the north 33.00 feet of said Government Lot 4 and the west line of the east 33.00 feet of said Government Lot 4, said point is hereinafter known as “Point A”; thence southerly along the west line of said east 33.00 feet a distance of 18.00 feet; thence northwesterly a distance of 22.70 feet to a point on the south line of said north 33.00 feet distant 14.00 feet westerly of said “Point A”; thence easterly along the south line of said north 33.00 feet a distance of 14.00 feet to the point of beginning.   RC160-7- 784 4588.v1 EX Depiction   B-1 XHIBIT B of Easemen   nt Area   RC160-7- 7844588.v1 EX Depiction   B-1 XHIBIT B of Easemen   nt Area 1 DOCSOPEN\RC160\7\784466.v1-3/9/22 TEMPORARY CONSTRUCTION EASEMENTS THIS INSTRUMENT is made by the City of Richfield, a municipal corporation under the laws of the State of Minnesota, Grantor, in favor of the County of Hennepin, a body politic and corporate under the laws of the State of Minnesota, Grantee. Recitals WHEREAS, Grantor is the fee owner of certain real property in Hennepin County, Minnesota, PID 34-028-24-21-0001, legally described as That part of Government Lot 4, Section 34, Township 28, Range 24 which lies East of a line drawn parallel with the East line of the Minneapolis, Northfield & Southern Railroad right of way from a point in the South line of said Lot 4 distant 415 feet East of the East line of said right of way as measured along the South lines of Government Lots 4 and 5, said Section 34, except that part thereof described as follows: Beginning at the Southeast corner of said Government Lot 4; thence North along the East line of said Government Lot 4 a distance of 599.74 feet; thence West, at a right angle, a distance of 120.00 feet; thence Southwesterly, deflecting to the left 45 degrees 00 minutes 00 seconds, a distance of 185.00 feet; thence South, deflecting to the left 45 degrees 00 minutes 00 seconds a distance of 135.00 feet; thence Southwesterly, deflecting to the right 45 degrees 00 minutes 00 seconds, a distance of 111.97 feet, more or less, to the intersection with a line drawn parallel with the East line of said Government Lot from a point on the South line of said Government Lot distant 330.00 feet West from the Southeast corner of said Government Lot; thence South, along said parallel line, a distance of 257.36 feet, more or less, to said South line; thence East, along said South line a distance of 330.00 feet to the point of beginning. (the “Property”); and WHEREAS, Grantee intends to construct certain signal and Americans with Disabilities Act related Improvements to intersections along Nicollet Avenue and Portland Avenue (the “HSIP Project”); 2 DOCSOPEN\RC160\7\784466.v1-3/9/22 WHEREAS, Grantor hereby grants to Grantee temporary construction easements for the HSIP Project according to the terms contained herein. Terms of Temporary Easements 1. Recitals. The recitals above are hereby incorporated herein and made part of the Easement. 2. Grant of Temporary Easements. For good and valuable consideration, receipt of which is hereby acknowledged by Grantor, Grantor grants and conveys to Grantee the following easements, legally described on Exhibit A and depicted on Exhibit B, attached herein (the “Easement Areas”). 3. Scope of Easements. The temporary easements include the right of Grantee, its contractors, agents, and employees to enter upon said premises at all reasonable times for the purposes of road, sidewalk, ramp, and signal construction, grading, sloping, and restoration purposes, and all related purposes, together with the right to remove trees, shrubs or other vegetation in the Easement Areas, as well as the right to deposit earthen materials within the Easement Areas and to move, store, and remove equipment and supplies, and to perform any other work necessary and incident to the Project. 4. Warranty of Title. Grantor warrants that Grantor owns the Property and has the right, title, and capacity to convey these easements to the Grantee 5. Environmental Matters. The Grantor shall be responsible for any hazardous substances, as defined by applicable federal or state law existing within the Easement Area or Property as of the date of this instrument except any release thereof resulting from Grantee’s actions pursuant to this instrument. 6. Binding Effect. The terms and conditions of this instrument shall run with the land and be binding on Grantor and the successors and assigns of the Grantor. 7. Term. These temporary construction easements commence on April 1, 2022 and expire on June 30, 2023. STATE DEED TAX DUE HEREON: NONE [signatures to follow.] 3 DOCSOPEN\RC160\7\784466.v1-3/9/22 Dated this ___ day of _____________, 2022. GRANTOR CITY OF RICHFIELD By: Maria Regan Gonzalez, Mayor By: Katie Rodriguez, City Manager STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this ___ day of __________, 2022, by Maria Regan Gonzalez and Katie Rodriguez, Mayor and City Manager, respectively, of City of Richfield, a municipal corporation, on behalf of City as Grantor. Notary Public THIS INSTRUMENT DRAFTED BY: Kennedy & Graven, Chartered (SCZ) Fifth Street Towers 150 South Fifth Street Minneapolis, MN 55402 (612) 337-9300 A-1 DOCSOPEN\RC160\7\784466.v1-3/9/22 EXHIBIT A Legal Description of the Temporary Construction Easements A temporary, non-exclusive easement for construction purposes over, under, across, and through that part of Government Lot 4, Section 34, Township 28, Range 24 which lies East of a line drawn parallel with the East line of the Minneapolis, Northfield & Southern Railroad right of way from a point in the South line of said Lot 4 distant 415 feet East of the East line of said right of way as measured along the South lines of Government Lots 4 and 5, said Section 34, except that part thereof described as follows: Beginning at the Southeast corner of said Government Lot 4; thence North along the East line of said Government Lot 4 a distance of 599.74 feet; thence West, at a right angle, a distance of 120.00 feet; thence Southwesterly, deflecting to the left 45 degrees 00 minutes 00 seconds, a distance of 185.00 feet; thence South, deflecting to the left 45 degrees 00 minutes 00 seconds, a distance of 135.00 feet; thence Southwesterly, deflecting to the right 45 degrees 00 minutes 00 seconds, a distance of 111.97 feet, more or less, to the intersection with a line drawn parallel with the East line of said Government Lot from a point on the South line of said Government Lot distant 330.00 feet West from the Southeast corner of said Government Lot; thence South, along said parallel line, a distance of 257.36 feet, more or less, to said South line; thence East, along said South line a distance of 330.00 feet to the point of beginning. Beginning at the intersection of the south line of the north 33.00 feet of said Government Lot 4 and the west line of the east 33.00 feet of said Government Lot 4, said point is hereinafter known as “Point A”. Commencing at the above described “Point A”; thence westerly along the south line of the north 33.00 feet of said Government Lot 4 a distance of 23.80 feet to the point of beginning of the line to be described; thence southerly, deflecting left 90 degrees 00 minutes 00 seconds a distance of 6.00 feet; thence easterly, deflecting left 90 degrees 00 minutes 00 seconds a distance of 8.74 feet; thence southeasterly, deflecting right 52 degrees 28 minutes 19 seconds a distance of 24.33 feet to the west line of the east 33.00 feet of said Government Lot 4 and said line there terminating. AND A temporary, non-exclusive easement for construction purposes over, under, across, and through, commencing at the above described “Point A”; thence southerly along the west line of the east 33.00 feet of said Government Lot 4 a distance of 53.74 feet to the point of beginning of the easement to be described; thence westerly deflecting right, 90 degrees 00 minutes 00 seconds a distance of 10.00 feet; thence southerly, deflecting left 90 degrees 00 minutes 00 seconds a distance of 16.00 feet; thence easterly, deflecting left 90 degrees 00 minutes 00 seconds a distance of 10.00 feet to the west line of the east 33.00 feet of said Government Lot 4; thence northerly along the west line of said east 33.00 feet a distance of 16.00 feet to the point of beginning. D OCSOPEN\RC1160\7\784466.v11-3/9/22 EX Depiction B-1 XHIBIT B of Easemennt Area DOCSOPEN\RC1160\7\784466.v11-3/9/22 EX Depiction B-1 XHIBIT B of Easemen nt Area AGENDA SECTION:CONSENT CALENDAR AGENDA ITEM #2.G. STAFF RE P ORT NO. 48 CIT Y COUNCIL ME E T ING 3/22/2022 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: 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 3/16/2022 I T E M F O R C O UNC IL C O NS ID E RAT I O N: City Coalition Letter Commenting on Xcel Energy's 2020-2031 Integrated Distribution Plan E X E C UT IV E S UM M ARY: Various cities are signing onto a joint letter commenting on Xcel Energy’s 2020-2031 Upper Midwest proposed I ntegrated Distribution Plan (I D P). The I D P process presents a utility’s short- and long-term distribution system plans, the costs and benefits of specific investments, and a comprehensive analysis of customer cost and value. RE C O M M E ND E D AC T I O N: By motion: Approve the resolution which authorizes the City to sign on to the final version of the Minnesota Local Government Coalition letter. 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 Xcel Energy submitted their initial proposal to the Public Utilities Commission on 11/1/2021. The I D P process allows stakeholders, depending on their role, to comment on the proposal before given deadlines. B.P OL IC IE S (resolutions, ordinances, regulations, statutes, etc): This letter and its stated priorities supports various energy, equity, and environmental goals the City is committed to achieving. This includes goals laid out in the City's Climate Action Plan, those identified by the City's work with the Partners in Energy program, and included in Richfield's Energy Action Plan. C.C R IT IC AL T IMIN G IS S U E S: The coalition has to send this letter in before April 11th, 2022. This is the only Council meeting before the submission date. D.F IN AN C IAL IMPAC T: None E.L E GAL C ON S ID E R AT ION: Attorney Ketchum has reviewed the letter. ALTE R N AT IV E R E C O MME N D ATIO N(S): Do not motion to approve signing on to the letter. 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 X cel ID P Joint L etter Resolution Resolution L etter L ocal Gov't ID P L etter Resolution L etter RESOLUTION NO. RESOLUTION APPROVING THE CITY OF RICHFIELD AS A SIGNATORY ON THE MINNESOTA LOCAL GOVERNMENT COALITION LETTER IN RESPONSE TO XCEL ENERGY’S INTEGRATED DISTRIBUTION PLAN (IDP) WHEREAS, Xcel Energy submitted their initial IDP proposal to the Minnesota Public Utilities Commission on November 1, 2021 in MN PUC Docket: 21-694; and WHEREAS, the IDP process presents the utility’s short- and long-term distribution system plans, the costs and benefits of specific investments, and a comprehensive analysis of customer cost and value; and WHEREAS, the IDP decisions and outcomes are important to cities like Richfield as they are intertwined with municipal climate, energy, and resilience goals, and Xcel Energy's efforts greatly impact what cities are able to achieve on a local level; and WHEREAS, City of Richfield has a goal to reduce carbon emissions 15% by 2032 (from a 2019 baseline); and WHEREAS, City of Richfield has identified actions and strategies to encourage and increase electric vehicle use and infrastructure and renewable energy installation and use; and WHEREAS, the City of Richfield supports an equitable and just transition to a clean energy system; and WHEREAS, the IDP process allows for interested stakeholders to comment on the proposal before given deadlines; NOW THEREFORE BE IT RESOLVED by the City Council of the City of Richfield, Minnesota, that it approves the City of Richfield as a signatory on the Minnesota Local Government Coalition IDP Letter. Adopted by the City Council of the City of Richfield, Minnesota this 22nd Day of March, 2022. ______________________ Maria Regan Gonzalez, Mayor ATTEST: ________________________ Kari Sinning, City Clerk April 11, 2022 Will Seuffert Executive Secretary Minnesota Public Utilities Commission 121 7th Place East, Suite 350 St. Paul, MN 55101 RE: Docket No. E002/M-21-694 Xcel Energy 2022-2031 Integrated Distribution Plan Dear Executive Secretary Seuffert: Thank you for the opportunity to comment on Xcel Energy’s latest Integrated Distribution Plan (IDP). This letter represents the views of __ Minnesota local governments within Xcel Energy’s service territory, listed below. This coalition of Minnesota cities and other local government units includes... Collectively, this group represents __% of Xcel Energy’s customer base, as the many residents and businesses that comprise our communities. We represent a diverse political, demographic, and geographic mix of local governments in Xcel Energy’s service territory in Minnesota, but share an interest in being engaged in this planning process that is so vital to our communities. Distribution planning is central to not only day -to- day system reliability, but also the ability to connect distributed energy resources and the carbon emissions of the system overall. We consider this IDP through a lens of our communities’ energy, equity, and climate justice priorities, and seek opportunities to optimize energy efficiency on the distribution system, invest in underserved communities to address energy burden, and explore the potential for non-wires alternatives to traditional distribution system investments. Utility operations, and therefore plans, should reflect both market realities and customer demand. Each local government signee has publicly stated goals to reduce greenhouse gas emissions and/or to increase utilization of carbon-free electricity, as shown in the table below. While individual goals vary, the shared goal of decarbonizing the electricity system for the public good is clear. Decarbonization is also an avenue to address historic inequities in our communities; the signees want to ensure that clean energy projects are a vehicle for investing in historically underserved communities. We appreciate the opportunity to submit this input to clarify customer demand from the local government perspective. Cities Carbon Reduction Renewable Energy Electrification Bloomington 75% by 2035 On-site solar & renewables Fleet electrification and EV charging Eden Prairie 30% by 2025, 80% by 2050 On-site solar & renewables Climate Action Plan – Electrification, EVs Edina 40% by 2030, 100% by 2050 On-site solar & renewables, 10% in-bound renewable by 2030, 100% city renewable by 2030, 100% community by 2050. Climate Action Plan – EVs, Fleet Electrification, 100% switch from natural gas to electricity by 2050. Faribault 1% annual reduction in energy spending from 2015 Fridley 5% reduction in energy use by 2020, 30% by 2030 Promote EVs & charging Golden Valley 30% reduction by 2030 On-site solar & renewables Promote EVs & charging Hastings Energy Action Plan focused on DSM participation Inver Grove Heights On-site solar & renewables Promote EVs & charging La Crescent Energy Action Plan focused on DSM participation, on- site solar & renewables Promote EVs & charging Mahtomedi 100% by 2050 Maplewood Climate Action Plan On-site solar & renewables Fleet electrification and EV charging Minneapolis 80% by 2050 100% by 2022 for municipal 100% by 2030 community- wide Minnetonka 80% by 2050 100% solar for city operations by 2020 Northfield 100% by 2040, carbon-free electricity by 2030 10% in-boundary renewable electricity Strategies for fleet electrification, EVs Red Wing 80% by 2040 100% solar for city operations by 2020, 100% by 2040 community-wide Climate Action Plan? Richfield 15% by 2032 community-wide Energy Action Plan focused on DSM participation. On- site solar & renewables, geothermal Fleet electrification, charging infrastructure, promotion of EVs Rosemount 20% by 2030 Roseville 80% by 2050 100% renewable for city operations by 2040 with 25% on-site generation. Strategies to promote EVs, fleet electrification, and charging Saint Paul 100% by 2050 10% in-boundary Fleet electrification, EV charging infrastructure Shorewood Energy Action Plan focusing on DSM participation St. Cloud 80% by 2018 Replace 21.8 million kWh with renewables by 2026 St. Louis Park 100% by 2040 100% by 2030, 10% in- boundary Wayzata Energy Action Plan focusing on DSM participation Winona 100% by 2050 Recommendations Center equity in the IDP As direct liaisons to the residents we serve, who are all also customers of Xcel Energy, we see firsthand how historical underinvestment in marginalized communities causes a wide variety of harms - including the impacts of pollution on public health, planning and zoning decisions that have resulted in high concentrations of low-income residents or people from historically marginalized groups, and the resulting vulnerabilities to the impact of climate change and other disruptions. The electric distribution system plays a role in this through the distribution system’s influence on reliability, affordability, and marginalized communities ability to realize their own vision of energy justice. This translates into concerns about hosting capacity constraints, interconnection, and the method in which Xcel Energy invests in maintaining and modernizing the distribution system. Given that Xcel Energy’s staff, investments, programs, and profits are all funded through their ratepayers, we believe that it is the duty of the utility and the Public Utilities Commission (PUC) to explore any and all opportunities to use the power system to repair past harms to these citizens and customers. We are supportive of the Commission’s proposed order points in the Integrated Resource Plan (IRP) to address procedural justice and expand stakeholder engagement in the process - to increase equitable access to utility programs and accountability to the customers who are disproportionately born the costs of unjust and inequitable energy decisions in the past.1 We would like to see a similar approach in the IDP. Xcel Energy has demonstrated their capability to include equity metrics - such as household income, demographics, energy burden, etc. - in their Reliability, Service Quality, and Equity Metrics map, where they have layered in that data with locational reliability to better understand how those two data sets interact.2 We would like to see this expanded into the hosting capacity mapping. A number of our communities have been a part of the Partners in Energy program with Xcel Energy - where the utility provides communities with services to develop an energy plan and assistance with implementing that plan. Each community has its own unique energy needs and priorities, and increasingly Partners in Energy participants have identified addressing energy burden as a key goal of their plans. 1 Decision Option E15 in Docket 19-368 Xcel Integrated Resource Plan MPUC hearing. Feb.8, 2022. 2 Xcel Energy Grid Reliability Minneapolis Test Map in Docket E002/M-21-237: https://xeago.maps.arcgis.com/apps/webappviewer/index.html?id=fdba7a47423b4075a885bf909ad1f325 Below are possible starting places for Xcel Energy and the PUC to begin: ● Engage in meaningful community engagement around the distribution system and Xcel Energy’s investment decisions. ● Map equity indicators, including energy burden, to the hosting capacity map and other distribution databases to show the human as well as engineering considerations in utility system planning. This would help support the efforts of many communities participating in Xcel’s Partners in Energy program with goals to reduce energy burden. ● Use targeted energy efficiency and distributed energy resources in underserved communities to mitigate grid constraints. ● Ensure distribution investments, like the proposed Distributed Intelligence and existing Advanced Metering Infrastructure (AMI), are used to keep rates low. Approve the Resilient Minneapolis Projects We support approval of the Resilient Minneapolis Projects. We believe the projects will both help modernize the current grid and develop a model for community resilience hubs in underserved communities - therefore promoting equality that is vital to our broader community and providing value to all customers. We furthermore believe that the inclusion of energy efficiency, on-site solar, and other building improvements should be a part of these projects in addition to the Xcel Energy funded battery storage aspect because they are essential to creating resilient community centers. We request that Xcel Energy and the PUC consider including a holistic approach to future resilience projects. Elevate Non-Wires Alternatives We appreciate the commitment from Xcel Energy to evaluate and invest in Non -Wires Alternatives (NWA). These projects are in line with our climate goals and interests in expanding our energy grid’s capacity and resiliency. However, Xcel Energy’s current evaluation methodology has yet to produce any cost-effective NWAs. We believe this is due to how the evaluation methodology is set up, and is not necessarily an indication that NWA are not valuable to the distribution system. We suggest that the PUC and Xcel Energy: ● Reexamine the cost benefit analysis and identify opportunities to improve the methodology. ● Ensure all types of DERs are included in the NWA analysis. ● Include resilience and community benefits of NWA. We urge Xcel Energy to continue assessing these proposals and recommend greater coordination with local governments to implement these in our communities. An electrical grid integrated with distributed energy resources will be more resilient, reliable, cost effective, and sustainable. Include local government energy and carbon goals in DER forecasting As demonstrated by the table above, the signatories of this letter have a variety of substantial energy and carbon goals that will require significant investments in energy efficiency, renewables, and other clean energy technology. Achieving these local goals will have a direct impact on the distribution system, and Xcel Energy should consider these goals in its DER forecasting. While we appreciate Xcel Energy’s acknowledgement of our goals in the IDP, Xcel Energy stated they could not analyze the impact of these goals. We believe that Xcel Energy has the data, expertise, and computing power to do so, and the PUC should require Xcel Energy to do so. Thi s will result in a more accurate distribution and DER forecast, increasing the chances that any investments approved through the IDP are prudent. Coordinate Integrated Distribution and Resource Planning with Local Governments As referenced above, local governments are setting goals around renewable energy and carbon reduction that should be included in the utility planning process. This is among the factors driving an increase in customer installation of distributed energy resources (DER) – including distributed solar generation, electric vehicles, on-site storage, etc. – that utilities should coordinate with their resource/generation and distribution system planning to avoid unnecessary complexity and increased costs associated with operating the grid. A more comprehensive electricity planning process, as recommended by the National Association of Regulatory Utility Commissioners (NARUC) and the National Association of State Energy Officials (NASEO), will help utilities to safely and cost effectively meet current and emerging grid needs such as increased flexibility and resilience and DER integration.3 It will also help utilities to account for the quantity, location, capabilities, and load shapes of resources added to the distribution system and the bulk power system. This is of particular importance to local governments, in support of their local/in-boundary renewable energy goals, as well as their interest in resilience and reliability. Local governments are also doing infrastructure and asset planning on a local scale, which presents a great opportunity for coordination to maximize efficiency and ensure cost effectiveness. When a local government can coordinate a right of way project with the utility’s needs, it can save ratepayers money. There may also be opportunities to identify where DERs may be used as assets to the grid and potential alternatives to traditional distribution investments. Our local governments’ engagement in this docket is as a voice for the public interest. As local governments, we understand the need to balance priorities around health, affordability, and economic activity. Thank you for your consideration of our comments in this important proceeding. Sincerely, 3 NARUC-NASEO Task Force on Comprehensive Electricity Planning: https://www.naruc.org/taskforce/ AGENDA SECTION:PUBLIC HEARINGS AGENDA ITEM #4. STAFF RE P ORT NO. 49 CIT Y COUNCIL ME E T ING 3/22/2022 RE P O RT P RE PA RE D B Y: K ari S inning, C ity C lerk 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: Mary Tietjen, C ity A ttorney C ITY MA NA G E R RE V IE W: K atie Rodriguez, C ity Manager 3/17/2022 I T E M F O R C O UNC IL C O NS ID E RAT I O N: Public hearing and second reading of the transitory ordinance to reaffirm ward boundaries to conform to redistricting requirements pursuant to Minnesota Statutes and City Charter and consideration of a resolution establishing precinct boundaries and polling locations. E X E C UT IV E S UM M ARY: During the Regular City Council Meetings of February 22 and March 8, Council and staff discussed the redistricting process with regards to ward and precinct boundary shifts and the designation of polling places. The City is to equalize the population contained within the City's three wards. The current ward boundaries are within the recommend 5% deviation. Precincts must be fully contained within the ward boundaries. T he precinct boundaries have been modified to even out the number of registered voters per precinct and minimize the wait time for voters at the polling location. Staff used proposed population increases from future developments within the city to determine the the proposed ward and precinct boundaries. Redistricting allows for the City to consider the ADA compliancy, safety, and location of polling places. In order to reduce confusion of polling locations in future elections, schools will no longer be used. ISD 280 has asked that the City no longer utilize schools for the 2024 presidential election and beyond. Voters that are apprehensive about entering a place of worship to vote can vote curbside at the polling location on election day or absentee vote before election day. Registered voters will receive a postcard from Hennepin County notifying them of their new polling location. T he city must redistrict its wards and precincts by March 29, 2022. Ward and precinct boundaries and polling locations shall be effective for the conduct of the August 9, 2022 primary election. RE C O M M E ND E D AC T I O N: Conduct and close the public hearing and by motion: 1. Approve the second reading of the transitory ordinance establishing new ward boundaries following the 2020 census data and conforming to redistricting requirements pursuant to Minnesota Statutes and City Charter and; 2.Approve resolution establishing new precinct boundaries and polling locations. BASIS OF RECOMMENDATION: A.HISTORICAL CONTEXT N/A B.POLICIES (resolutions, ordinances, regulations, statutes, etc): City Charter Section 2.03 requires that within two years after each United States Census, the City Council shall by ordinance establish compact contiguous districts to be apportioned by population as nearly equal as practicable. The three districts shall be eastern, central, and western Richfield with dividing lines generally north and south. Minnesota State Statutes 204B.135 and 204B.14, subd. 3(e) requires the City to establish ward and precinct boundaries by March 29, 2022. C.CRITICAL TIMING ISSUES: Staff must submit the City's plan to the Hennepin County Elections Division Secretary of State's office on or before March 29, 2022. Ward and precinct boundaries shall be effective for the conduct of the August 9, 2022 primary election. D.FINANCIAL IMPACT: N/A E.LEGAL CONSIDERATION: If the City Council does not either confirm or redraw the ward boundaries within the period specified in section 204B.135, no compensation may be paid to the Mayor or Member of the Council (M.S. 205.84, subd. 2) ALTERNATIVE RECOMMENDATION(S): The City Council may choose a ward and/or precinct boundary modification which is different than the proposed modifications. PRINCIPAL PARTIES EXPECTED AT MEETING: ATTACHMENTS: Description Type Ordinance Ordinance Precinct Resolution Resolution Letter Ward and Precinct Map Backup Material BILL NO. 2022-___ TRANSITORY ORDINANCE NO. _____ AN ORDINANCE ESTABLISHING THE BOUNDARIES OF COUNCIL WARD DISTRICTS PURSUANT TO SECTION 2.03 OF THE CITY CHARTER OF THE CITY OF RICHFIELD THE CITY OF RICHFIELD DOES ORDAIN: Section 1. Pursuant to the provisions of Section 2.03 of the City Charter of the City of Richfield, the boundaries of the three Council Ward Districts of the City are hereby established as follows: Ward District 1 All of the City lying West of the following described “Line One”: Line One is described as beginning at the intersection of the centerline of Interstate 35W and the northerly boundary of the City; thence South along the centerline of Interstate 35W to the centerline of 66th Street; thence East along the centerline of 66th Street to the centerline of Lyndale Avenue; thence South along the centerline of Lyndale Avenue to the centerline of 73rd Street; thence west along the centerline of 73rd Street to the centerline of Interstate 35W; thence South along the centerline of Interstate 35W to the south boundary line of the City and there terminating. Ward District 2 All of the City lying East of "Line One” described above and west of “Line Two” described below: Line Two is described as beginning at the intersection of the centerline of Portland Avenue and the northerly boundary of the City; thence South along the centerline of Portland Avenue to the centerline of 74th Street; thence West along the centerline of 74th Street to the centerline of 2nd Avenue South; thence South along the centerline of 2nd Avenue South to the centerline of Interstate 494 and there terminating. Ward District 3 All of the City lying East of “Line Two” described above. Sec. 2. The ward boundaries described above shall be effective for the conduct of the August 9, 2022 Primary Election. Sec. 3. This ordinance supersedes Transitory Ordinance No. 18.82. Passed by the City Council of the City of Richfield, Minnesota, this 22nd day of March, 2022. Maria Regan Gonzalez, Mayor ATTEST: Kari Sinning, City Clerk RESOLUTION NO. _____ RESOLUTION ESTABLISHING BOUNDARIES OF ELECTION PRECINCTS; AMENDING RESOLUTION NO. 10640 WHEREAS, the legislature of the State of Minnesota has been redistricted; and WHEREAS, Minnesota Statute section 204B.14, subd. 3(e) requires that precinct boundaries must be reestablished within 60 days of when the legislature has been redistricted or at least 19 weeks before the state primary election, whichever comes first; NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Richfield, County of Hennepin, State of Minnesota hereby establishes the boundaries of the voting precincts and polling places as follows: Precinct 1 Boundaries That area of the City lying west of Interstate 35W and lying north of the following described line: Beginning at the intersection of the centerlines of 68 th Street and Interstate 35W; thence west along the centerline of 68th Street to the western boundary line of the City and there terminating. Precinct 1 Polling Place Church of Peace – 6345 Xerxes Ave Precinct 2 Boundaries That area of the City lying west of the centerline of Penn Ave and south of the following described line: Beginning at the intersection of the centerlines of Penn Avenue and 68th Street; thence west along the centerline of 68th Street to the western boundary line of the City and there terminating. Precinct 2 Polling Place St. Richard’s Catholic Church – 7540 Penn Avenue Precinct 3 Boundaries That area of the City lying east of the centerline of Penn Avenue, south of “Line A” described below, and west “Line B” described below. Line A is described as beginning at the intersection of the centerlines of Penn Avenue and 68th Street; thence east along the centerline of 68th Street to the centerline of Interstate 35W; thence north along the centerline of Interstate 35W to the centerline of 66th Street; thence east along the centerline of 66th Street to the centerline of Lyndale Avenue and there terminating. Line B is described as beginning at the intersection of the centerlines of Lyndale Avenue and 66th Street; thence south along the centerline of Lyndale Avenue to the centerline of 73rd Street; thence east along the centerline of 73rd Street to the centerline of Interstate 35W; thence south along the centerline of Interstate 35W to the southern boundary line and there terminating. Precinct 3 Polling Place Woodlake Lutheran Church – 2120 W 76th St Precinct 4 Boundaries That area of the City lying east of the centerline of Interstate 35W, west of the centerline of Portland Avenue, and north of the following described line: Beginning at the intersection of the centerlines of Interstate 35W and 66th Street; thence east along the centerline of 66th Street to the centerline of Lyndale Avenue; thence southwest along the centerline of Lyndale Avenue to the centerline of 68th Street; thence east along the centerline of 68th Street to the centerline of Nicollet Avenue; thence north along the centerline of Nicollet Avenue to the centerline of 66th Street; thence east along the centerline of 66th Street to the centerline of Portland Avenue and there terminating. Precinct 4 Polling Place St. Peter’s Catholic Church – 6730 Nicollet Avenue Precinct 5 Boundaries That area of the City lying east of the centerline of Lyndale Avenue, west of the centerline of Portland Avenue, south of the Line C described below, and north of Line D described below. Line C is described as beginning at the intersection of the centerlines of Lyndale Avenue and 68th Street; thence east along the centerline of 68th Street to the centerline of Nicollet Avenue; thence north along the centerline of Nicollet Avenue to the centerline of 66th Street; thence east along the centerline of 66th Street to the centerline of Portland Avenue and there terminating. Line D is described as beginning at the intersection of the centerlines of Lyndale Avenue and 73rd Street; thence east along the centerline of 73rd Street to the centerline of 2nd Avenue; thence south along the centerline of 2nd Avenue to the centerline of 74th Street; thence east along the centerline of 74th Street to the centerline of Portland Avenue and there terminating. Precinct 5 Polling Place Richfield Community Center – 7000 Nicollet Ave Precinct 6 Boundaries That area of the City lying east of the centerline of Interstate 35W, south of “Line E” described below, and west of “Line F” described below. Line E is described as beginning at the intersection of the centerlines of Interstate 35W and 73rd Street; thence east along the centerline of 73rd Street to the centerline of 2nd Avenue; thence south along the centerline of 2nd Avenue to the centerline of 74th Street; thence east along the centerline of 74th Street to the centerline of Portland Avenue and there terminating. Line F is described as beginning at the intersection of the centerlines of 73 rd Street and 2nd Avenue; thence south along the centerline of 2nd Avenue to the southern boundary line and there terminating. Precinct 6 Polling Place Bethel’s Rock Church – 7601 Girard Ave Precinct 7 Boundaries That area of the City lying east of the centerline of Portland Avenue and lying north and east of “Line G” described as follows: Line G is described as beginning at the intersection of the centerlines of Portland Avenue and 69th Street; thence east along the centerline of 69th Street to the centerline of 12th Ave; thence south along the centerline of 12th Ave to the centerline of 70th Street; thence east along the centerline of 70th Street to the centerline of 18th Ave; thence south along the centerline of 18th Ave to the centerline of Diagonal Blvd; thence east along the centerline of Diagonal Blvd to the eastern boundary line of the City and there terminating. Precinct 7 Polling Place: Mt. Calvary Education Building – 6541 16th Avenue Precinct 8 Boundaries That area of the City lying east of the centerline of Portland Avenue; south of the centerline of “Line G” described above, and north of the following described line: Beginning at the intersection of the centerlines of Portland Avenue and 74th Street, thence east along the centerline of 74th Street to the centerline of 12th Ave; thence south along the centerline of 12th Ave to the centerline of 75th Street; thence east along the centerline of 75th Street to the eastern boundary line of the City and there terminating. Precinct 8 Polling Place: Hope Presbyterian Church – 7132 Portland Avenue Precinct 9 Boundaries That area of the City lying east of the centerline of 2nd Avenue and south of the following described line: Beginning at the intersection of the centerlines of 2 nd Avenue and 74th Street; thence east along the centerline of 74th Street to the centerline of 12th Ave; thence south along the centerline of 12th Ave to the centerline of 75th Street; thence east along the centerline of 75th Street to the eastern boundary line of the City and there terminating. Precinct 9 Polling Place: House of Prayer – 7625 Chicago Ave NOW, THEREFORE BE IT FURTHER RESOLVED, by the City Council of the City of Richfield, Minnesota, as follows: 1. The precinct boundaries shall be effective for the conduct of the August 9, 2022 primary election. The City Clerk is directed to post notice of the precinct boundaries in the office of the City Clerk at least sixty (56) days’ prior to August 9, 2022. 2. The City Clerk or county auditor shall notify each affected registered voter of the change in election precinct boundaries at least 25 days prior to the first election in which the new precincts are used. 3. Attached to this resolution, for illustrative purposes, is a map showing said precincts and the location of each polling place. The City Clerk is directed to immediately notify the secretary of state of the change in precinct boundaries and to provide a copy of the map to the secretary of sta te no later than March 29, 2022. A copy of the maps must also be available for public inspection in the office of the City Clerk. 4. For each election held in the City the City Clerk shall furnish copies of the appropriate precinct maps to the election judges for each polling place. Adopted by the City Council of the City of Richfield, Minnesota this 22nd day of March, 2022. Maria Regan Gonzalez, Mayor ATTEST: Kari Sinning, City Clerk Sources: Esri, HERE, Garmin, Intermap, increment P Corp., GEBCO, USGS, FAO, NPS, NRCAN,GeoBase, IGN, Kadaster NL, Ordnance Survey, Esri Japan, METI, Esri China (Hong Kong), (c)OpenStreetMap contributors, and the GIS User Community Ci t y of Ri chf i el d - Pr eci nct s & War ds U 0 0.5 10.25 Miles 3 1 2 6 5 4 7 8 9 Legend Precinct # Church of Peace6345 Xerxes Ave St. Richard’s Catholic Church7540 Penn Ave S Woodlake Lutheran Church2120 W 76th St Bethel’s Rock Church7601 Girard Ave St. Peter’s Catholic Church6730 Nicollet Ave Richfield Community Center7000 Nicollet Ave House of Prayer7625 Chicago Ave Hope Presbyterian Church7132 Portland Ave Mt. Calvary Education Bldg6541 16th Ave PollingPlace!( Ward 1 Ward 2 Ward 3 AGENDA SECTION:RESOLUTIONS AGENDA ITEM #5. STAFF RE P ORT NO. 50 CIT Y COUNCIL ME E T ING 3/22/2022 RE P O RT P RE PA RE D B Y: Nellie Jerome, A ssistant P lanner D E PA RTME NT D IRE C TO R RE V IE W: Melissa P oehlman, C ommunity D evelopment D irector 3/16/2022 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 3/17/2022 I T E M F O R C O UNC IL C O NS ID E RAT I O N: Consider a request for an amended Planned Unit Development, Final Development Plan, and Conditional Use Permit to allow construction of a building addition to an elementary school at 6500 Nicollet Avenue South. E X E C UT IV E S UM M ARY: Partnership Academy (Applicant), a preschool through grade 8 charter school, was granted land use approvals in 2018 to develop a school building at the northeast corner of the HUB shopping center, at 6500 Nicollet Avenue South. This property is zoned P C-2, Planned General Commercial. I n response to growth in enrollment and increased programmatic needs, the Applicant is proposing a 5,962 square-foot expansion on the north side of the building, an area of the property that is currently used for parking. This expanded area will house four additional classrooms, an administrative office, student support spaces, and additional restrooms. The proposed expansion would result in the loss of 16 parking stalls, reducing the total on-site parking to 37 stalls. Enrollment is planned to total 550 students and there will be 99 staff on-site. Required parking for schools is based on the total number of staff members, plus 8 spaces for visitors. Accounting for both the five percent parking reduction for excess bicycle parking and the ten percent transit reduction, a total of 92 spaces is required for this site. The Applicant has an agreement with the owner of the HUB for 60 leased parking spaces, in addition to the 37 spaces that are available on site. The current parking lease with the HUB runs through J anuary 2024. Although the City had accepted a parking lease agreement with the HUB in the past (instead of shared parking covenants or easements, as required by code), staff finds that the further reduction of on-site parking and the possible future redevelopment of the HUB is suggestive of the need to obtain longer term parking arrangements. The Applicant has put in a good faith effort to secure additional parking spaces through potential acquisition of an adjacent property: either 6412 Nicollet Avenue South, currently a Leanne Chin restaurant, or 6440 Nicollet Avenue South, the Richfield Medical building. The Applicant has provided staff with possible parking scenarios on both of these properties totaling upwards of 80 off-street parking spaces. Staff has included a stipulation in the attached resolution that one of the following must happen prior to the issuance of a Certificate of Occupancy for the new space: One of the above sites must be secured as additional parking, Additional on-site parking must be constructed, or A more-permanent shared parking agreement with an adjacent property must be provided. As a Planned Unit Development (P UD), flexibility from provisions of the Zoning Code may be granted for this site in exchange for high-quality design that fits into the neighborhood. I n this case, the required number of on-site parking spaces is the sole provision of the code that is not met. Staff recommends approval of this amended P UD request. RE C O M M E ND E D AC T I O N: By motion: Approve the attached resolution authorizing an amended Planned Unit Development, a Final Development Plan, and a Conditional Use Permit. 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 Partnership Academy has been based in Richfield since 2002, previously operating out of leased space at Church of the Assumption (305 77th Street East). This site was formerly occupied by a Bremer Bank building and is part of a larger P UD with the HUB Shopping Center and vacant grocery store site. Partnership Academy was granted a P UD amendment in 2018, for construction of the current K-8 school building. A portion of required parking spaces have been leased from the HUB shopping center since the school opened. B.P OL IC IE S (resolutions, ordinances, regulations, statutes, etc): Zoning Code Section 542.13, Subd. 3 establishes requirements for major amendments to an approved P UD final development plan. Since the request proposes an expansion exceeding ten percent of the building floor area, it is considered a major amendment to the P UD. A major P UD amendment is subject to the same review criteria and procedures as issuance of a new P UD. A full discussion of all requirements is included as an attachment to this report. Generally, the criteria require that the Council find that the proposal conforms to the goals and policies of the Comprehensive Plan and Zoning Code without having undue adverse impacts on public health, safety, and welfare. Zoning Code Section 544.13: Vehicle parking and loading requirements, Subdivision 11: J oint parking facilities, states that off-street parking facilities may be provided collectively in any district for more than one (1) structure or use, if the following conditions are met: The applicant demonstrates to the Director that, because of the hours, size, and mode of operation of the respective uses, there will be an adequate amount of parking available to each use during its primary hours of operation to meet the needs of such use. The joint use of the parking facilities shall be protected by covenants that run with the lots housing all the joint users and the lots on which the parking facility that satisfies the parking requirement of this section is provided. Those covenants shall contain all of the conditions of the joint agreement and shall grant an easement for parking to the joint principal use lots. The manner of execution and content of such covenants shall be in a form approved by the city attorney and the document containing the covenants shall be recorded with the county recorder or the registrar of titles for the county. Parties to the covenant shall reimburse the city for the costs of legal review. Such covenants shall be provided prior to issuance of building or site permits. Total required parking spaces for the joint use shall be based on the combined peak requirement and shall not be fewer than the minimum requirements for the use which requires the most parking. The City had previously accepted a lease agreement for additional parking at an adjacent site instead of requiring that the Applicant meet the standard of securing a covenant for shared parking. Because this request includes the removal of additional on-site parking stalls and the securing of approximately 2/3 of the required parking elsewhere, it is a good time to consider whether or not a lease would continue to be an acceptable form of security. 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 J anuary 10, 2022. The Applicant requested an extension for Council consideration, and a decision is required by March 25, 2022, or the Council must notify the Applicant that it is extending the deadline (up to a maximum of 60 additional days or 120 days total) for issuing a decision. D.F IN AN C IAL IMPAC T: The required application fees have been paid. E.L E GAL C ON S ID E R AT ION: Notice of the public hearing at the Planning Commission was published in the Sun Current newspaper on January 13, 2022, and was mailed to properties within 350 feet of the site. ALTE R N AT IV E R E C O MME N D ATIO N(S): Recommend approval of the proposed P UD amendment with additional and/or modified stipulations. Recommend denial of the proposed P UD amendment with a finding that the proposal does not meet City requirements. P R IN C IPAL PAR TIE S E X P E C TE D AT ME E TIN G: Representatives of Partnership Academy AT TAC H ME N T S: D escription Type Resolution Resolution L etter Required F indings B ackup Material Rendering B ackup Material S ite P lans B ackup Material Interior P lans B ackup Material Zoning Map B ackup Material P lanned L and Use Map B ackup Material RESOLUTION NO. ______ RESOLUTION APPROVING AN AMENDMENT TO A PLANNED UNIT DEVELOPMENT, FINAL DEVELOPMENT PLAN, AND CONDITIONAL USE PERMIT TO ALLOW CONSTRUCTION OF A BUILDING ADDITION TO AN ELEMENTARY SCHOOL AT 6500 NICOLLET AVENUE SOUTH. WHEREAS, an application has been filed with the City of Richfield which requests approval of an amended final development plan and conditional use permit to allow construction of an addition onto an elementary school building in the planned unit development at HUB Shopping Center, located at 6500 Nicollet Avenue South, property legally described as: LOT 1, BLOCK 1, RICHFIELD HUB SUPERBLOCK, HENNEPIN COUNTY, MINNESOTA WHEREAS, the Planning Commission of the City of Richfield held a public hearing at its January 24, 2022 meeting and did not recommend approval of the requested amendment to the final development plan and conditional use permit based on the applicant’s inability to meet parking requirements; and WHEREAS, the applicant has modified their requested amendment to the final development plan and conditional use permit in order to provide more off-street parking; and WHEREAS, notice of the public hearing was mailed to properties within 350 feet of the subject property and published in the Sun Current newspaper on January 13, 2022; and WHEREAS, the requested amendment to the final development plan and conditional use permit meets those requirements necessary for approving a major amendment to a planned unit development as specified in Richfield’s Zoning Code, Section 542.13, Subd. 3 and as detailed in City Council Staff Report No.______; and WHEREAS, the City has fully considered the request for approval of an amended planned unit development, final development plan , and conditional use permit; and NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Richfield, Minnesota, as follows: 1. The City Council adopts as its Findings of Fact the WHEREAS clauses set forth above. 2. An amended planned unit development, final development plan , and conditional use permit are approved to allow a building expansion on an existing elementary school building, as described in City Council Report No._____, on the Subject Property legally described above. 3. The approved planned unit development, final development plan and conditional use permit are subject to the following conditions:  A recorded copy of the approved resolution must be submitted to the City prior to the issuance of a building permit.  Prior to the issuance of a Certificate of Occupancy, the applicant must provide proof to the City that a minimum of 80 off -street parking spaces are available to staff and visitors. Parking may be provided through a combination of any of the following: i. Constructing additional off-street parking on site. Administrative site plan approval is required for surface parking; a major amendment is required for structured parking. ii. Acquiring additional property nearby and providing proof of ability to provide additional off-street parking through lot combination or a shared parking agreement, as outlined in subsection 544.13, Subd. 11, of the Zoning Code. Administrative site plan approval is required for surface parking; a major amendment is required for structured parking. Construction of additional stalls would be required prior to lease termination with the HUB shopping center. iii. Securing additional parking on another property adjacent to the school through a shared parking agreement as outlined in subsection 544.13, Subd. 11, of the Zoning Code. Administrative site plan approval may be required.  All required parking spaces shall remain available year round and shall not be used for snow storage.  A minimum of 75 bike parking spaces are required to be eligible for the 5% reduction in required off -street auto parking spaces.  The property owner is responsible for the ongoing maintenance and tending of all landscaping in accordance with approved plans.  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 January 6, 2022, and compliance with all other City and State regulations.  Prior to the issuance of an occupancy permit, the developer must submit a surety equal to 125% of the value of any improvements not yet complete.  Unless specifically modified by this resolution, all previous conditions of approval remain in place. 4. The approved planned unit development, final development plan and conditional use permit shall expire one year from issuance unless the use for which the permit was granted has commenced, substantial work has been completed or upon written request by the developer, the Council extends the expiration date for an additional period of up to one year, as required by the Zoning Ordinance, Section 547.09, Subd. 9. 5. The approved planned unit development, final development plan and 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 Zoning Ordinance, Section 547.09, Subd. 10. Adopted by the City Council of the City of Richfield, Minnesota this 22nd day of March, 2022. Maria Regan Gonzalez, Mayor ATTEST: Kari Sinning, City Clerk Required Findings Part 1: The following findings are necessary for approval of a PUD application (542.09, Subd. 3): 1. The proposed development conforms to the goals and objectives of the City’s Comprehensive Plan and any applicable redevelopment plans. This requirement is met. The Comprehensive Plan guides this area for mixed use development. The proposed building addition would not alter the use of the site. 2. The proposed development is designed in such a manner as to form a desirable and unified environment within its own boundaries. This requirement is met. The proposed building addition will not alter the general function of the existing building or site. 3. The development is in substantial conformance with the purpose and intent of the guiding district, and departures from the guiding district regulations are justified by the design of the development. The purpose of the guiding C-2 (General Commercial) District is to allow a wide variety of uses serving Richfield and the surrounding area. These uses are expected to be attractive in appearance from all sides and compatible with adjacent properties through compliance with the Performance Standards specified in Zoning Code Section 544. This requirement is met, except for the required minimum on-site parking for elementary schools outlined in subsection 544.13. This is discussed in Part 2, #4, below. 4. The development will not create an excessive burden on parks, schools, streets or other public facilities and utilities that serve or area proposed to serve the development. The City’s Public Works, Engineering, and Recreation Departments have reviewed the building addition proposal and do not anticipate any issues. 5. The development will not have undue adverse impacts on neighboring properties. No undue adverse impacts are anticipated related to this building addition. 6. The terms and conditions proposed to maintain the integrity of the plan are sufficient to protect the public interest. This requirement is met with the exception of securing adequate parking, as established in subsection 544.13 of the Zoning Code. This is discussed in Part 2, #4, below. Part 2: All uses are conditional uses in the PC-2 District. The findings necessary to issue a Conditional Use Permit (CUP) are as follows (547.09, Subd. 6): 1. The proposed use is consistent with the goals, policies, and objectives of the City’s Comprehensive Plan. See above – Part 1, #1. 2. The proposed use is consistent with the purposes of the Zoning Code and the purposes of the zoning district in which the applicant intends to locate the proposed use. The purpose of the Zoning Code is to protect and promote the general welfare of the City. The proposal does not conflict with this purpose. The purpose of Planned Unit Developments is to provide an opportunity for innovative and creative development. The proposed building addition does not conflict with this purpose, with the exception of securing adequate parking, as established in subsection 544.13 of the Zoning Code. This is discussed in #4, below. 3. The proposed use is consistent with any officially adopted redevelopment plans or urban design guidelines. The proposed use is not changing and is consistent with the previously adopted Planned Unit Development for this area, with the exception of securing adequate parking, as established in subsection 544.13 of the Zoning Code. This is discussed in #4, below. 4. The proposed use is or will be in compliance with the performance standards specified in Section 544 of this code. The proposed development is in substantial compliance with City performance standards, except the following deviations from requirements:  Parking requirements for a K-8 school are 1 space per employee, plus 8 visitor spaces. A total of 37 parking spaces are proposed on site, which would be a reduction of 16 existing parking spaces from the current total of 53. The applicant has indicated in the attached narrative that the projected staffing level will be 99 employees. The projected employee counts result in an initial requirement of 107 spaces. Parking requirements may be reduced by 10% at this location for proximity to frequent public transit service. Parking requirements may also be reduced by 5% for excess bike parking at 4 bike spaces per 1 auto space. With both reductions, required parking is 92 spaces.  The applicant will continue working with the HUB Shopping Center ownership, Brixmore, to continue a cross-access parking lease agreement to use surplus parking on the HUB site. The current lease runs through January, 2024.  Although the HUB lease agreement does not meet long-term shared parking requirements outlined in Code (section 544.13, Subd. 11, requiring a covenant agreement that runs with the lot), the applicant is planning acquisition of a nearby property which would provide upwards of 80 off-street parking spaces in total for the school.  Final approvals are conditional upon the acquisition of a nearby property that would provide the required parking spaces. 5. The proposed use will not have undue adverse impacts on governmental facilities, utilities, services, or existing or proposed improvements. The City’s Public Works and Engineering Departments have reviewed the proposal and do not anticipate any adverse impacts. 6. The use will not have undue adverse impacts on the public health, safety, or welfare. Adequate provisions have been made to protect the public health, safety, and welfare. 7. There is a public need for such use at the proposed location. See above – Part 1, #1. Partnership Academy has been located in Richfield since 2002 and has sought to construct a new addition onto an existing school facility. 8. The proposed use meets or will meet all the specific conditions set by this code for the granting of such conditional use permit. This requirement is met, with the exception of securing adequate parking, as established in subsection 544.13 of the Zoning Code. This is discussed in #4, above. FDREFwaterheaterREFELEC OVENS24X48STACKEDUNDER SINKDISHWASHERFRZ24X60MILK30X48TABLE30X48TABLE 4437887SERVING TABLECOOLER59W/ TYPE IIHOOD16PARTNERSHIP ACADEMY ADDITION RICHFIELD, MINNESOTAPA22321 REVIEW6500 NICOLLETRMD PARTNERSHIP ACADEMY ADDITION RICHFIELD, MINNESOTAPA22321 REVIEW6500 NICOLLETRMD PARTNERSHIP ACADEMY ADDITION RICHFIELD, MINNESOTAPA22321 REVIEW6500 NICOLLETRMD 1ST AVE SBLAISDELL AVENICOLLET AVEWENTWORTH AVE64TH ST E 66TH ST E 65TH ST E 64TH S T W 65TH S T W 66TH S T W C-1 C-2 C-2 C-2 C-2 C-2 MR-1MR-1 MR-2 PC-2 PMU R 350ftNotificationBuffer ± Surrounding Zoning 0 200 400100 ft I:\GIS\Community Development\Case Maps\2022\2500 Nicollet Ave - Partnership Academy - Zoning.mxd Zoning Districts R Single-Family R-1 Low-Density Single-Family MR-1 Two-Family PMR Planned Multi- Family MR-2 Multi-Family MR-2/CAC Multi-Fam + Cedar Overlay MR-3 High-Density Multi-Family SO Service Office C-1 Community Commercial C-2 General Commercial PC-2 Planned General Commercial PMU Planned Mixed Use MU-C Mixed Use- Community MU-C/CAC Mixed Use + Cedar Overlay MU-C/PAC Mixed Use + Penn Overlay MU-N Mixed Use- Neighborhood MU-R Mixed Use- Regional I Industrial Case No: 22-APUD-01 2500 Nicollet Ave 1ST AVE SBLAISDELL AVENICOLLET AVEWENTWORTH AVE64TH ST E 66TH ST E 65TH ST E 64TH S T W 65TH S T W 66TH S T W ± 2040 Comprehensive Plan Designations I:\GIS\Community Development\Case Maps\2022\2500 Nicollet Ave - Partnership Academy - PLU.mxd 2040 Planned Land Use Mixed Use Regional Commercial Community Commercial Neighborhood Commercial High Density Residential Medium Density Residential Low Density Residential Park Quasi-Public Right-of-Way (ROW) 2500 Nicollet Ave 0 200 400100 ft AGENDA SECTION:OTHER BUSINESS AGENDA ITEM #6. STAFF RE P ORT NO. 51 CIT Y COUNCIL ME E T ING 3/22/2022 RE P O RT P RE PA RE D B Y: K elly Wynn, A dministrative A ssistant D E PA RTME NT D IRE C TO R RE V IE W: Melissa P oehlman, C ommunity D evelopment D irector 3/14/2022 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 3/16/2022 I T E M F O R C O UNC IL C O NS ID E RAT I O N: Consider City Council's approval of the Mayor's appointment of two Housing and Redevelopment Authority (H R A) Commissioners. E X E C UT IV E S UM M ARY: On December 13, 2011, the City Council established by resolution that the public’s interest is best served by having a composition of two appointed Council Members and three Mayor-appointed citizens who serve on the HRA. The appointed commissioners also serve on the Economic Development Authority (E D A). Erin Vrieze Daniels was appointed to a five-year HRA term, as a Mayor-appointed citizen, in 2017. She is seeking reappointment for her upcoming expiring term. Gordon Hanson is seeking appointment to the HRA as a Mayor-appointed citizen. He would be filling an open position as a commissioner's term expired on March 20, 2022. The HRA recently reviewed and amended their bylaws to stagger the terms of citizen members. I n order to align with the amended bylaws, the expiration dates of some commissioner's current terms have been adjusted. The adjusted terms will be varying lengths, not to exceed the statutory limit of five years. RE C O M M E ND E D AC T I O N: By motion: Approve the May or’s (1) reappointme nt of Erin Vrieze Daniels as an H R A Commissione r for a four ye ar term ex piring Fe bruary 28, 2026; and (2) appointment of Gordon Hanson as an H R A Commissione r for a two y ear te rm e xpiring February 28, 2024. B AS IS O F RE C O M M E ND AT I O N: A.H IS TOR IC AL C ON T E X T City Council Resolution No. 10586 was approved December 13, 2011, regarding appointments to the Housing and Redevelopment Authority board of commissioners; establishing composition of the board and term limits on non-elected members. B.P OL IC IE S (resolutions, ordinances, regulations, statutes, etc): Under State law, the Mayor appointments HRA Commissioners, subject to approval of the City Council. C.C R IT IC AL T IMIN G IS S U E S: To ensure adequate representation at future meetings, the City Council should appoint HRA Commissioners as soon as possible. D.F IN AN C IAL IMPAC T: These appointments are no additional cost to the City. E.L E GAL C ON S ID E R AT ION: Pursuant to Minnesota State Statutes (469.003, subd. 6), “commissioners shall be appointed by the mayor, with the approval of the governing body.” ALTE R N AT IV E R E C O MME N D ATIO N(S): The Council may decide not to approve the Mayor ’s appointment or defer the appointment to a future City Council meeting. 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 #7. STAFF REPORT NO. 52 CITY COUNCIL MEETING 3/22/2022 REPORT PREPARED BY: Julie Urban, Asst. Community Development Director DEPARTMENT DIRECTOR REVIEW: Melissa Poehlman, Community Development Director 3/16/2022 OTHER DEPARTMENT REVIEW: CITY MANAGER REVIEW: Katie Rodriguez, City Manager 3/17/2022 ITEM FOR COUNCIL CONSIDERATION: Consider an appropriation of American Rescue Plan Act funding to Volunteers Enlisted to Assist People and Cornerstone to serve immediate housing and safety needs of community members negatively impacted by the COVID-19 pandemic. EXECUTIVE SUMMARY: The COV ID-19 pandemic has had a negative economic impact on many Richfield residents, especially households with low incomes. Job losses and reduction in income have created food insecurity and housing instability. Along with increased economic hardships, the community has seen an increase in impacts from domestic violence. Volunteers Enlisted to Assist People (VEAP) and Cornerstone both provide critical services to residents in need and have capably responded to this increased need for their services during the past two years. While the City provides social services funding annually to these organizations, the organizations are seeking additional funding from the City to meet the immediate housing and safety needs of residents that continue to be negatively impacted by the pandemic. The City has received approximately $3.98 million in American Rescue Plan Act (ARPA) funding. The planning for those funds is part of the broader strategic planning and budget process; however, given the more immediate needs of these organizations and the critical services of housing and personal safety that they provide, staff is recommending that some ARPA funds be allocated to VEAP and Cornerstone at this time. Staff is recommending that the City allocate AR PA funds to the two organizations as follows: $100,000 to VEAP for emergency rent and/or utility assistance to households earning less than 200 percent of the federal poverty line. $20,000 to Cornerstone for violence intervention services through their Criminal and Civil Justice Intervention Program. In November 2021, the Council did approve using $434,463 of ARPA funding to fund audio visual upgrades to council chambers, the video control room and other city conference rooms to better accommodate hosting meetings virtually, in-person and a combination of both (hybrid meeting format). The city plans to use accumulated capital funds as part of our franchise agreement with Comcast to reduce the needed AR PA funds by approximately $120,000. Therefore, the request to allocate $120,000 to Volunteers Enlisted to Assist People and Cornerstone will not increase the amount of AR PA funding that has been allocated to date. RECOM MENDED ACTION: By motion: Approve a resolution allocating $120,000 in American Rescue Plan Act funding for rent and utility assistance and violence intervention services to households negatively impacted by the COVID-19 pandemic, and authorizing the Mayor and City Manager to execute service contract amendments with Volunteers Enlisted to Assist People and Cornerstone to provide these services. BASIS OF RECOM MENDATION: A.HISTORICAL CONTEXT VEAP serves low-income families, children, seniors, and individuals at serious risk of hunger and homelessness. VEAP offers immediate and caring support through access to healthy foods, stable housing, and financial support and assistance. The City provides human services funds annually to VEAP to provide assistance to Richfield households earning up to 200% of the federal poverty level. Since the onset of the COVID-19 pandemic, demand for VEAP's services has greatly increased, especially in the area of rent and utility assistance. In 2021, VEAP assisted 736 Richfield households with rent and utility assistance. The recent state- funded program, RentHelpMN, closed abruptly in January, dramatically reducing the funding available to assist households in need. Cornerstone provides an array of comprehensive services to Richfield families including shelter, advocacy, crisis call response, criminal and civil justice advocacy, school-based violence prevention and general crime victim advocacy. Cornerstone has seen an increased need for more services due to the pandemic and especially has seen deepened needs through the Criminal and Civil Justice Intervention services that they provide in conjunction with the Public Safety Department. In 2021, Cornerstone assisted 230 Richfield residents with its services. On February 22, 2022, the Council approved service contracts with both organizations to provide services to Richfield residents. The funding levels were based on typical service levels, and did not account for the added needs caused by pandemic-related hardships. B.POLICIES (resolutions, ordinances, regulations, statutes, etc): The COVID-19 pandemic has had a negative economic impact on members of our community, especially those with lower incomes. For the past two years, VEAP and Cornerstone have seen an increase in the number of people seeking their services and in the amount and depth of services needed. ARPA funds may be used to support the City's COVID-19 public health and economic response by addressing COVID-19 and its impact on public health as well as addressing economic harms to households, small businesses, nonprofits, impacted industries, and the public sector. Assistance for impacted and disproportionately impacted people are encouraged eligible uses for the funds. C.CRITICAL TIMING ISSUES: Planning for the City's ARPA funding will occur as part of the broader strategic planning and budgeting process; however, the needs identified by VEAP and Cornerstone are immediate. Additional community needs may be identified and brought before the Council through that longer process; however, housing stability and personal safety from domestic violence are critical needs that are important to address more immediately than the strategic planning/budget schedule allows. ARPA funds must be obligated by December 31, 2024 and spent by December 31, 2026. Both organizations would be required to spend the funds in 2022. D.FINANCIAL IMPACT: Staff is recommending that $100,000 be provided to VEAP and $20,000 to Cornerstone at this time. E.LEGAL CONSIDERATION: The proposed uses are consistent with guidelines for federal ARPA funds, specifically, the funds can be used to address the needs of people who have experienced a negative economic impact from the pandemic and for services to disproportionately impacted communities. The City Attorney will prepare the service contract amendment. ALTERNATIVE RECOMMENDATION(S): Decide not to allocate ARPA funds to these organizations at this time. PRINCIPAL PARTIES EXPECTED AT MEETING: Representatives from VEAP and Cornerstone ATTACHMENTS: Description Type Resolution Resolution Letter VEAP Funding Request Backup Material Cornerstone Funding Request Backup Material RESOLUTION NO. ______ RESOLUTION APPROVING AN ALLOCATION OF AMERICAN RESCUE PLAN ACT FUNDING TO VEAP AND CORNERSTONE WHEREAS, the City of Richfield, Minnesota (the “City”) enters into service contracts with social service agencies to provide services to Richfield residents from time to time; and WHEREAS, On February 22, 2022, the City authorized a service contract (“Contract”) with VEAP, Inc., a Minnesota nonprofit corporation (“VEAP”), for the administration of a social services program to provide food and housing assistance to low- income individuals, seniors, youth and families in the City of Richfield (collectively, the “Services”); and WHEREAS, on February 22, 2022, the City authorized a service contract (“Contract”) with Cornerstone, a Minnesota nonprofit corporation (“Cornerstone”), for the administration of an array of comprehensive shelter and violence intervention and prevention services to Richfield families (the “Services”); and WHEREAS, both VEAP and Cornerstone have seen an increase in needs for their Services by disadvantaged households who have been disproportionately affected by the COVID-19 pandemic; and WHEREAS, the City has received an allocation of $3.98 million in federal American Rescue Plan Act (“ARPA”) funds intended to assist local governments to support their response to and recovery from the COVID-19 public health emergency; and WHEREAS, eligible uses of the ARPA funds include rent and utility assistance, as well as grants to non-profit organizations addressing the economic harm experienced by impacted and disproportionately impacted classes; and WHEREAS, there has been presented before the City Council a request to amend the Contract with VEAP to include an additional $100,000 in ARPA funds to provide rent and utility assistance, along with administrative funds, to low-income Richfield residents impacted by the COVID-19 pandemic; and WHEREAS, there has been presented before the City Council a request to amend the Contract with Cornerstone to include an additional $20,000 in ARPA funds to provide criminal and crisis intervention services to residents impacted by the COVID-19 pandemic; and NOW, THEREFORE, BE IT RESOLVED, as follows: 2 1. The City Council agrees to allocate $100,000 in ARPA funds to VEAP and $20,000 in ARPA funds to Cornerstone. 2. The Mayor and the City Manager are hereby authorized to execute amendments to the service contracts with VEAP and Cornerstone, providing these additional funds. 3. This resolution shall be in full force and effect as of the date hereof. Adopted by the City Council of the City of Richfield, Minnesota this 22nd day of March, 2022. Maria Regan Gonzalez, Mayor ATTEST: Kari Sinning, City Clerk Richfield City Council C/o Julie Urban, Housing & Redevelopment Manager City of Richfield 6700 Portland Ave. S. Richfield, MN 55423 Dear Council Members and Ms. Urban, VEAP is so appreciative of your continued commitment and financial support over the last two years and throughout the Covid-19 pandemic, we could not have done it without the City of Richfield – thank you! VEAP’s priorities center on providing basic needs to households experiencing financial crisis. VEAP provides access to nutritious food, housing stability, financial assistance, and supportive services to families, children, seniors, veterans, and individuals, at risk of hunger or homelessness, in the City of Richfield. VEAP’s Food and Basic Needs and Social Services programs work together to ensure access to healthy food and housing stability. Our on-site, drive-up, and mobile food pantries, as well as food deliveries focus on providing fresh, healthy food to food-insecure households, while our Social Services program supports participants with individualized case management and emergency financial assistance, including rent, security deposits, and utilities to maintain housing stability. In 2021, VEAP distributed nearly one million pounds of food to the City of Richfield, 44% of which was fresh fruits and vegetables. In Richfield, VEAP helped 4,882 unduplicated individuals (1,544 unduplicated households) with a total of 22,123 on-site food pantry visits, 2,229 mobile pantry visits, and 1,644 food deliveries (seniors, quarantined, lack of transportation); including 736 households received $830,824 in financial assistance to avoid eviction and assist with utilities and other housing stability expenses. VEAP participants are households with incomes up to 200% of federal poverty line, with 50% falling below FPG. . Richfield participant demographics: • Race/Ethnicity: 45% Hispanic/Latino; 18% Data not provided; 15% White/Caucasian; 9% Black/African American; 4% African/Somali/Ethiopian; 4% Asian; 4% Other; 1% Multi- Racial; and 1% American Indian/Alaska Native. • Gender Identified: 52% Female: 48% Male • Age: 61% Adults (ages 18-64); 32% Youth (ages 0-18); 7% Seniors (ages 65+) Due to the Covid-19 pandemic, VEAP has experienced an extremely high volume of families needing immediate access to healthy foods and basic needs. VEAP also assists families in crisis with rent and utility assistance, and case management. We have provided thousands of families navigating the crisis with fresh, healthy food and have distributed an overwhelming number of rental assistance grants – nearly $2,000,000 in funds to Richfield renters since the start of the pandemic. Many households in our community are still struggling to make ends meet. RentHelpMN, a significant source of federal funding aimed at preventing eviction, has ended and funding sources for rent assistance are dwindling, yet the need for help with rent and utilities remains high. Richfield renters are reporting several, varied reasons for the continued need for support, including: • Covid-19 illness: Individuals lost hours at work due to being sick or taking care of sick/quarantined children in the home. • Recovering financially: Many households are still catching up from interruptions during the pandemic- it takes time to get back on their feet. Some households are also reporting fluctuating work schedules due to the Covid-19 pandemic – less hours equates to less income. • Lack of employment opportunities: Jobs are not as easy to come by, especially with barriers to employment including childcare. • Lack of affordable childcare: Many families on a reduced income are struggling to afford care for their children. • Increased housing costs: Landlords are raising rent and there is a lack of affordable housing that is safe and secure. • Basic needs cost: Increased gas, food, medication, car repairs, and other household expenses. • Loss of family member/death due to Covid-19 illness: VEAP is helping seniors who lost a loved one/were widowed and are adjusting to one income. • Utilities expenses: Households have an increase in utilities expenses due to household members spending more time at home, working, attending school, and quarantined due to the Covid-19 pandemic. VEAP is working hard to ensure we can continue to provide for those individuals and families so they don’t lose their housing, while they get back on their feet. VEAP’s mission “Together we create pathways to stronger, more hopeful communities through access to healthy foods, housing stability and supportive services” aims to increase overall stability, hope, and potential for future success for all members of our community. Our vision says it all – a thriving community where all are free to pursue their dreams! VEAP welcomes a continued partnership with the City of Richfield in 2022. We are extremely grateful for your financial support throughout the Covid-19 pandemic. We truly thank you for your consideration of financial support to provide continued support to renters in Richfield again this year. Sincerely, Kari Thompson Advancement Director Richfield Funding Request We are requesting increased funding to serve Richfield families who have been impacted by domestic violence, sexual violence, human trafficking, or general crime – AND have suffered economic and public health hardships because of COVID-19. Some of these hardships have included: • Job destabilization (job loss/decreased hours/in-ability to work) • Housing Instability/Homelessness • Food Insecurity • Financial Hardships o Fewer resources to purchase basic needs o Transportation barriers o Childcare needs • Schooling/Educational Hardships for your Children • Increased Interpersonal Violence o Fears of leaving or accessing community supports o Fewer family or friends to rely on for assistance Cornerstone Need Currently, Cornerstone makes available an array of comprehensive services to Richfield families. These include shelter, advocacy, crisis call response, criminal and civil justice advocacy, school- based violence prevention and general crime victim advocacy. Over the past year, we have increasingly felt more demands on our programming and fewer additional resources for our services. In particular, we have seen deepened needs as we respond to domestic violence intervention calls and follow through within our Criminal and Civil Justice Intervention services within Richfield. Many of our CCJI participants served have been impacted by the Pandemic and supports through this program have been significant. Services within our CCJI program include: ➢ Civil and Criminal Justice Intervention: Advocates provide advocacy and support in Family and Civil Court, as well as write Orders for Protection and Harassment Orders. Advocates also serve as a liaison between crime victims and the criminal justice system. Cornerstone receives all police reports regarding domestic assault incidents and takes steps to provide support to that victim. The initial goal of these services is to complete a safety plan and to offer safe shelter and crisis services. The secondary goal is to obtain victim input to provide to the prosecutor at offender arraignment and for subsequent court appearances. Advocates provide information to the victim throughout the proceedings regarding criminal justice processes and their rights as a victim of crime. The victim will be connected to Cornerstone staff for additional ser vices as needed. This includes any impacts and barriers to safety they have experiences as a result of the Pandemic. Funding Request Cornerstone is requesting $20,000 in additional funding to support our Criminal and Civil Justice Intervention Program. Funds would allow us to close the projected gap in our budget and allow us to continue providing the high level of services provided through our CCJI program and help meet the needs of individuals both impacted by domestic violence, as well as the impacts related to the pandemic. Cornerstone Advocacy Service CCJI 2022 BUDGET Budget EXPENSES TOTAL SALARIES $490,478 TAXES/BENEFITS $112,863 CONTRACT LABOR $3,777.00 INSURANCE $3,807.00 PROGRAM EXPENSES $22,296.00 FACILITY EXPENSES $43,074.00 OFFICE EXPENSES $4,866.00 EXPENSES BEFORE DEPRECIATION $681,161 DEPRECIATION $23,103.00 TOTAL PROGRAM EXPENSES $704,264 REVENUE GOVERNMENT - FEDERAL $51,175.00 STATE $41,598.00 COUNTY $121,230.00 CITIES $309,814.00 CONTRIBUTED INCOME $75,757.00 INKIND $7,690.00 TOTAL REVENUE $607,264 less expenses $704,264 *NET POSITION -$97,000