Loading...
032712completeagenda CITY OF RICHFIELD, MINNESOTA TUESDAY, MARCH 27, 2012 RICHFIELD MUNICIPAL CENTER 6700 PORTLAND AVENUE SPECIAL CITY COUNCIL WORKSESSION BARTHOLOMEW ROOM 6:00 P.M. AGENDA Call to order Roll call 1. FAA presentation on aircraft departures from MSP and resulting noise impacts Notes: Adjournment REGULAR CITY COUNCIL MEETING COUNCIL CHAMBERS 7:00 P.M. AGENDA INTRODUCTORY PROCEEDINGS Call to order Roll call Open forum (15 minutes maximum) 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 on items not on the agenda. Individuals who wish to address the Council must have registered prior to the meeting. Notes: Pledge of Allegiance Approval of minutes of(1) Special City Council Worksession of March 13, 2012 and (2) Regular City Council Meeting of March 13, 2012 PRESENTATION 1. Presentation of 2011 Food Safety Awards by Richfield Advisory Board of Health (Council Memo No. 34) COUNCIL DISCUSSION 2. Council discussion • Hats Off to Hometown Hits Notes: AGENDA APPROVAL 3. Council approval of agenda CONSENT CALENDAR 4. 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. Consideration of approval of resolution granting second extension to July 31, 2012 of current cable franchise agreement with Comcast of Arkansas/Florida/ Louisiana/Minnesota/Mississippi/Tennessee, Inc S.R. No. 63 B. Considerati on of approval of Richfield Municipal Center change order report for aggregate net effect of$1,574 in items included within project budget S.R. No. 64 Notes: 5. Consideration of item(s), if any, removed from Consent Calendar Notes: PUBLIC HEARING 6. Public hearing and second reading of transitory ordinance establishing new ward boundaries conforming to redistricting requirements pursuant to Minnesota Statutes and City Charter and resolution establishing new precinct boundaries Staff Report No. 65 Notes: RESOLUTION 7. Consideration of resolution calling for public hearing on April 24, 2012 regarding: 1. Modification to Redevelopment Plan for Richfield Redevelopment Project Area; and 2. Proposed establishment of Pillsbury Commons Tax Increment Financing District, relating to development of 70-unit multi-family affordable housing development on north portion of former Public Works Maintenance Facility site located at 7641 Pleasant Avenue Staff Report No. 66 Notes: CITY MANAGER'S REPORT 8. City Manager's report Notes: 9. Claims and payrolls Open forum (additional 15 minutes if more time needed after first Open Forum and by majority vote of the City Council) 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 on items not on the agenda. Individuals who wish to address the Council must have registered prior to the meeting. Notes: 10.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 612-861-9738. richfield: April 2012 Page 1 of 2 City of Richfield Calendar Calendars Net Navigate: 2011 Jan Feb Mar Apr May Jun Jul Auq Sep Oct Nov Dec 2013 April 2012 Monday Tuesday Wednesday Thursday Friday 26 I Mar 27 28 ' 29 30 5:30p Human Services 6:OOp Special City SATURDAY,MAR.31 Planning Council Council Worksession 9:30 a.m.-10:30 a.m. 6:OOp Richfield 7:OOp City Council Mayor's Hour-WLNC Bloomington Watershed Regular Meeting Management Organization @ Haeg Conference Room,City of Bloomington(meal at 5:30 p.m.) 6:15p Special Concurrent Richfield/Bloomington City Council Worksession @ Bloomington 7:OOp Planning Commission 2 3 4 5 6 6:30p Human Rights 7:OOp Joint Meeting with 7:OOp Arts Commission Commission Transportation @ 7000 Nicollet Ave Commission and Community Services Commission- Bartholomew Room 9 10 11 12 13 7:OOp Planning 11:30a Tourism Commission Study Promotion Board @ Session 6601 Lyndale Ave,Suite 106 6:OOp Special City Council Worksession 7:OOp City Council Regular Meeting 16 17 18 1.9 20 6:OOp Advisory Board of 7:OOp Community 7:OOp Friendship City Health Services Commission @ Commission 6:OOp Special City 7000 Nicollet Ave Council/HRA CANCELED Worksession 7:OOp Housing and Redevelopment Authority(HRA) 13 24 25 26 27 5:30p Human Services 5:45p Special SATURDAY,APR.28 Planning Council Concurrent City 9:30 a.m.-10:30 a.m. 7:OOp Planning Council/Richfield School Mayor's Hour-WLNC Commission Board Worksession 7:OOp City Council Regular Meeting 30 1 I May 2 3 4 11:30a Tourism 7:OOp Transportation 7:OOp Arts Commission Promotion Board @ Commission ©6335 Portland Ave 6601 Lyndale Ave,Suite 106 6:30p Human Rights Commission Display: Year Month Week Day Block List Condensed Abs Slide Calendars: Search http://www.my.calendars.net/richfield/d01/04/2012?display—M&style=B&positioning=A 3/22/2012 CITY COUNCIL MINUTES RICHFIELD Richfield, Minnesota Special City Council Worksession March 13, 2012 CALL TO ORDER The meeting was called to order by Mayor Pro Tempore at 6:00 p.m. in the Bartholomew Conference Room. ROLL CALL Council Members Tom Fitzhenry, Mayor Pro Tempore; Pat Elliott; Sue Sandahl; and Fred Present: Wroge. Council Members Debbie Goettel, Mayor. Absent: Staff Present: Mike Eastling, Acting City Manager; Jim Topitzhofer, Recreation Services Director; Jeff Pearson, Transportation Engineer and Cheryl Krumholz, Executive Coordinator. Item #1 DISCUSSION REGARDING PORTLAND AVENUE LANE RECONFIGURATION PILOT PROJECT. (COUNCIL MEMO NO. 32) Transportation Engineer Pearson presented a summary of the completed Portland Avenue Lane Reconfiguration Pilot Project, including history, feedback process, 6 month and 12 month survey results, proposed design feature considerations in full reconstruction. Acting City Manager Eastling stated the 3-lane configuration will continue and if the project goes into reconstruction design, more feedback will be obtained. Council Member Wroge expressed concern regarding removing on-street Sunday parking. Item #2 DISCUSSION REGARDING ARTERIAL TRANSIT CORRIDOR STUDY. (COUNCIL MEMO NO. 32) Charles Carlson, Transitway Projects Manager for Metro Transit, presented the finding and recommendations of Metro Transit's ongoing Arterial Transit Corridor ("rapid bus") study. Special Worksession Minutes -2- March 13, 2012 ADJOURNMENT The meeting was adjourned by unanimous consent at 6:57 p.m. Date Approved: March 27, 2012 Tom Fitzhenry Mayor Pro Tempore Cheryl Krumholz Mike Eastling Executive Coordinator Acting City Manager CITY COUNCIL MEETING MINUTES RICHFIELD Richfield, Minnesota Regular Meeting March 13, 2012 CALL TO ORDER The meeting was called to order by Mayor Pro Tempore Fitzhenry at 7:00 p.m. ROLL CALL Members Present: Tom Fitzhenry, Mayor Pro Tempore; Pat Elliott, Sue Sandahl; and Fred Wroge. Members Absent: Debbie Goettel, Mayor. Staff Present: Pam Dmytrenko, Acting City Manager; John Stark, Community Development Director; Mike Eastling, Public Works Director; Jim Topitzhofer, Recreation Services Director; Chris Regis, Finance Manager; Jeff Pearson, Transportation Engineer; Corrine Heine, City Attorney; and Cheryl Krumholz, Executive Coordinator. M/Sandahl, S/Wroge to excuse Mayor Goettel's absences from the March 13, 2012 Special City Council Worksession and Regular City Council Meeting. Motion carried 4-0. OPEN FORUM Mayor Pro Tempore Fitzhenry announced for the record, the City Council, Housing and Redevelopment Authority, and Planning Commission have all received a copy of an e-mail from the following persons regarding the proposed Pillsbury Commons, which will be included in the record: • Amy Utley, 7530 Pillsbury Avenue. Received February 29, 2012. • Steph Miller, no address provided. Received February 29, 2012. • Robert Olson, 7442 Pillsbury Avenue. Received March 4, 2012. • Jennifer Lux, 76th Street/Aldrich Avenue. Received March 12, 2012. PLEDGE OF ALLEGIANCE Council Meeting Minutes -2- March 13,2012 Mayor Pro Tempore Fitzhenry led the audience in the Pledge of Allegiance. APPROVAL OF MINUTES M/Sandahl, S/Wroge to approve the minutes of(1) Special City Council/HRA/Planninq Commission Worksession of February 28, 2012; (2) Special City Council Worksession of February 28, 2012; and (3) Regular City Council Meeting of February 28, 2012. Motion carried 4-0. Item #1 COUNCIL DISCUSSION • HATS OFF TO HOMETOWN HITS Council Member Sandahl requested a City Council Worksession to discuss the proposed Voter ID legislation and consider adopting a resolution. The City Council agreed and requested Nancy Gibbs, City Clerk, attend to explain the voting process and that both sides of the issue be presented. Council Member Elliott reported on the recent Star Tribune article regarding O'Neal Hampton and the Hampton Wellness Foundation. Council Member Elliott expressed support for the Richfield sports programs including the Spartans Girl's Basketball Team in the Class 3A Section 6 final tournament. Mayor Pro Tempore Fitzhenry announced the FAA will make a presentation at the March 27 Special City Council Worksession. Council Member Sandal announced the March 28 public open house regarding the Bicycle Master Plan. Item #2 COUNCIL APPROVAL OF AGENDA Mayor Pro Tempore Fitzhenry removed Item #3E to be considered separately as Item #4. M/Wroge, S/Sandahl to approve the agenda as amended. Motion carried 4-0. Item #3 CONSENT CALENDAR A. Consideration of approval of resolution amending 2011 General Fund budget authorizing transfer of appropriations from Legislative/Executive Department and Administrative Services Department to Public Safety Department S.R. No. 54 RESOLUTION NO.10635 Council Meeting Minutes -3- March 13,2012 RESOLUTION AUTHORIZING REVISION OF 2011 BUDGETS OF VARIOUS DEPARTMENTS This resolution appears as Resolution No. 10635. B. Consideration of approval of first reading of transitory ordinance establishing new ward boundaries to conform to redistricting requirements pursuant to Minnesota Statutes and City Charter and scheduling public hearing and second reading for March 27, 2012 S.R. No. 55 C. Consideration of approval of construction and maintenance agreement with Grand St. Paul CVS, LLC and Bill Wolfson for new CVS Pharmacy site at 6528 Penn Avenue S.R. No. 56 D. Consideration of approval of continuing public hearing to April 10, 2012 regarding plat of land located at northeast corner of 66th Street and Lyndale Avenue S.R. No. 57 E. Item moved to be considered separately as Item#4. MNVroge, S/Sandahl to approve the Consent Calendar as amended. Motion carried 4-0. Item #4 CONSIDERATION OF ITEMS, IF ANY, REMOVED FROM CONSENT CALENDAR Former Item #3E—Consideration of approval of resolution for"No Parking" on both sides of 76th Street between 12th and Cedar Avenues S.R. No. 58 Council Member Wroge presented Staff Report No. 58. Council Member Wroge questioned the use of MSA funds versus increasing the Street Reconstruction Bonds. Public Works Director Eastling explained the use of MSA as a back up funding source in case the cost of construction exceeds the engineer's estimate. M/VVroge, S/Sandahl that the following resolution be adopted and that it be made part of these minutes: RESOLUTION NO.10636 RESOLUTION RELATING TO TRAFFIC CONTROL SIGNS "NO PARKING" ON 76th STREET Motion carried 4-0. This resolution appears as Resolution No. 10636. Item #5 PUBLIC HEARING REGARDING ISSUANCE OF NEW ON-SALE INTOXICATING AND SUNDAY LIQUOR LICENSES FOR FINANCIAL GUIDANCE, INCL, D/B/A FOUR POINTS BY SHERATON, 7745 LYNDALE AVENUE S.R. NO. 59 Council Member Wroge presented Staff Report No. 59. Adam Selby, representative, explained the ownership of the property. M/Wroge, S/Sandahl to close public hearing. Council Meeting Minutes -4- March 13,2012 Motion carried 4-0. M/Wroge, S/Elliott to approve issuance of new on-sale intoxicating and Sunday liquor licenses for Financial Guidance, Inc., d/b/a Four Points by Sheraton, 7745 Lyndale Avenue. Motion carried 4-0. Item #6 PUBLIC HEARING AND SECOND READING OF TRANSITORY ORDINANCE PROVIDING FUNDING FOR CERTAIN CAPITAL IMPROVEMENTS FROM SPECIAL REVENUE FUND S.R. NO. 60 Council Member Sandahl presented Staff Report No. 60. M/ Wroge, S/Sandahl to close public hearing. Motion carried 4-0. M/Sandahl, S/Wroge that this constitutes the second reading of Bill No. 2012-5, Transitory Ordinance 18.78 providing funding for certain capital improvements from Special Revenue Fund, that it be published in the official newspaper and that it be made part of these minutes. Motion carried 4-0. Item #7 CONSIDERATION OF RESOLUTION GRANTING AMENDED CONDITIONAL USE PERMIT FOR ANIMAL KENNEL WITH OUTDOOR RELIEF AREA AT 6315 PENN AVENUE S.R. NO. 61 Council Member Elliott presented Staff Report No. 61. Community Development Director Stark summarized the conditions related to the amended conditional use permit. Council Member Wroge stated the City Council has the ability to revoke the permit if the conditions are not followed so that should be reassuring to the neighbors. M/Elliott, S/Wroge that the following resolution be adopted and that it be made part of these minutes: RESOLUTION NO. 10637 RESOLUTION GRANTING APPROVAL OF AN AMENDED CONDITIONAL USE PERMIT FOR AN ANIMAL KENNEL WITH AN OUTDOOR RELIEF AREA AT 6315 PENN AVENUE Motion carried 4-0. This resolution appears as Resolution No. 10637. Council Meeting Minutes -5- March 13,2012 Item #8 CONSIDERATION OF RESOLUTION AUTHORIZING CONSTRUCTION OF PROPOSED WESTBOUND AUXILIARY LANE ON INTERSTATE 494 FROM INTERSTATE 35W TO TRUNK HIGHWAY 100 S.R. NO. 62 Council Member Sandahl presented Staff Report No. 62. Council Member Elliott stated he would support the resolution if the scope of the study included the 77th Street underpass of Highway 77. Council Member Wroge questioned the outcome if the language was changed from "request"to "require". Public Works Director Eastling explained that MnDOT is in agreement to Richfield's requests. M/Sandahl, S/Wroge that the following resolution be adopted and that it be made part of these minutes: RESOLUTION NO. 10638 RESOLUTION AUTHORIZING CONSTRUCTION OF THE PROPOSED WESTBOUND AUXILIARY LANE ON INTERSTATE 494 FROM INTERSTATE 35W TO TRUNK HIGHWAY 100. Motion carried 4-0. This resolution appears as Resolution No. 10638. Item #9 CITY MANAGER'S REPORT No report. Item #10 CLAIMS AND PAYROLLS M/Elliott, S/Sandahl that the following claims and payrolls be approved: U.S. Bank 03/13/12 NP Checks: 211163-211452 $ 979,323.29 Payroll: 82059-82385 $ 559,048.86 TOTAL $ 1,538,372.15 Motion carried 4-0. OPEN FORUM None. Council Meeting Minutes -6- March 13,2012 ADJOURNMENT The City Council meeting was adjourned by unanimous consent at 4:45 p.m. Date Approved: March 27, 2012 Tom Fitzhenry Mayor Pro Tempore Cheryl Krumholz Pam Dmytrenko Executive Coordinator Acting City Manager CITY OF RICHFIELD, MINNESOTA Office of City Manager March 22, 2012 Council Memorandum No. 34 The Honorable Mayor and Members of the City Council Subject: 2011 Food Safety Awards Presented by the Richfield Advisory Board of Health (Agenda Item No. 1 ) Council Members: Attached is a summary of the steps and process that was used in determining the 2011 Richfield Food Safety Award nominees and winners. The Richfield Advisory Board of Health will be involved in this effort on an annual basis and believes it is important to place a priority on recognizing Richfield restaurants that are doing an excellent job of maintaining a food safety establishment. It is important for these successful establishments to be recognized, and it is also a way to encourage other establishments to strive for the same outcome. The awards will be presented to the winners and nominees at the City Council Meeting of March 27, 2012 by Jennifer Turrentine, Chair of the Richfield Advisory Board of Health. Jze ectfully ubmitted, -n' . Ievich City Manager SLD:cak Attachment Email: Department Directors Assistant City Manager Richfield Food Safety Awards - 2011 • Annual awards to acknowledge excellence in food safety and service — Focus on the good work that restaurants do rather than the bad. • Richfield Advisory Board of Health recommended starting a program in Richfield, similar to the existing award program in Bloomington — Began in 2006. • The health inspector nominates three to four (3-4) candidates in three (3) risk categories based on: • Food Collaborative Interviews • Inspection results • Those categories are: full service (or large) restaurant, fast food/pizza carry out/cafeteria service and retail grocery. • A team of interviewers visited each site together to conduct the interviews. These folks are members of the Richfield/Bloomington Food Collaborative and meet regularly with inspection staff and one another to discuss common interest areas. • Nominees were judged on how they manage risk factors on a daily basis: how the establishment encourages workers to be continually motivated about serving safe food; whether they can list five critical factors that affect food safety; if they have procedures in place when they receive customer complaints about customers feeling ill after having eaten there; what the establishment's policy is when an employee shows up for work with obvious symptoms of illness; a description of food safety training programs and policies; management's overall commitment to food safety; and, rating of the physical appearance of the establishment at the time of the interview. • The results are provided to the Richfield Advisory Board of Health and they present the awards to the winners and nominees at a City Council meeting. Photos of the presentation and a short article will be given to the Richfield Sun Current for publicity and positive exposure for the establishments. • 2011 Winners are: Full Service Restaurants: Houlihans Restaurant and Bar (Winner) — 6601 Lyndale Ave. S., Manager: Matt Giller Minneapolis Richfield American Legion Post#435 (Nominee) —6501 Portland Ave. S. — Food Manager: Mark King Broadway Pizza (Nominee) — 7514 Lyndale Ave. S. — Owner: Patti Sterbuck Don Pablos (Nominee) — 980 West 78th St. -- Manager: Kim Elicerio Old Country Buffet (Nominee) — 9 East 66th St. — Manager: Dave Woehler Fast Food/Pizza Carry Out/Cafeteria: Arby's Restaurant (Winner) — 7744 5th Ave. S. — Manager: Jason Mishica Subway West (Nominee) — 3016 W. 66th St. — Manager: Norberto Hernandez Jimmy Johns Gourmet Sandwiches (Nominee) —720 W. 66th St. - Manager: Ryan Olson Wendy's Four Crown (Nominee) —6500 Lyndale Ave. S. — Manager: Troy Brown McDonald's (Nominee) — 6645 Lyndale Ave. S. — Manager: Mauro Yescas Retail Grocery Target Store T-2300 (Winner) —6445 Richfield Parkway— Senior Food Executive Team Lead: Ben Siedel Rainbow Foods (Nominee) — 140 W. 66th St. — Store Director: Darwin McQuerter AGENDA SECTION: CONSENT AGENDA ITEM# 4A REPORT# 63 STAFF REPORT RICHFIELD CITY COUNCIL MEETING MARCH 27, 2012 REPORT PREPARED BY: STEVENEVICH NAGER . Vir NAME,TITLE ' REVIEWED BY CITY MANAGER: ��� k A ITEM FOR COUNCIL CONSIDERATION: Consideration of a resolution regarding a second extension of the current cable franchise agreement with Comcast, Inc. I. RECOMMENDED ACTION: By motion: Adopt a resolution granting Comcast of Arkansas / Florida / Louisiana / Minnesota / Mississippi / Tennessee, Inc. a franchise extension to July 31, 2012. II. BACKGROUND The City of Richfield, along with Edina, Eden Prairie, Hopkins, and Minnetonka are the five member cities of the Southwest Suburban Cable Commission. In 1997 the City of Richfield ("City") granted a Cable Television Franchise ("Franchise") that is currently held by Comcast. The Franchise initially extended for a period of fifteen years through January 1, 2012. Comcast has requested renewal of the Franchise and the City (via the Southwest Cable Commission) has been engaged in informal renewal negotiations with Comcast in an effort to reach mutually acceptable provisions for a new franchise. Throughout 2011 the Comcast negotiation team and the Commission negotiation team (Patty Latham, Minnetonka; Steve Devich, and Brian Grogan, Esq.) have been engaged in good faith negotiations to reach agreement on a new franchise. While the general provisions of the model franchise have been discussed, the focus of the negotiations have been on public, educational and governmental ("PEG") issues. The PEG issues include: 1) channel capacity; 2) connectivity between schools and City facilities; 3) equipment/studio needs; and 4) PEG capital funding. 0327Second Cable Extension In November 2011, the five cities, in an effort to provide additional time to the negotiating teams to complete an agreement, extended the term of the Franchise through April 16, 2012. Since November 2012 Comcast's local government relations team has undergone changes. Lance Leupold is no longer with Comcast and new employees have now been hired to take over local government relations. In addition, in late 2011 Comcast backtracked on certain commitments for PEG capital funding which resulted in delays in the negotiations as the Commission maintained its position regarding required funding. The parties most recently exchanged written proposals and agreement appears to be close on the key financial provisions. While a number of open issues must still be resolved, the Commission now anticipates that franchise renewal negotiations may be complete in May 2012. If negotiations break down, the Commission will update the City and present alternative options for consideration. The Commission's negotiating team recommends that each member city adopt the attached Extension Resolution granting Comcast the right to continue operating the cable system pursuant to the existing Franchise through July 31, 2012. Staff is hopeful that this additional time will allow the parties time to complete renewal negotiations. Among the tasks to be completed during this extension are: 1) finalize the drafting of a new franchise; 2) present the franchise to the Commission for a recommendation; 3) allow each member city time to review and comment on the new franchise; and 4) present the final franchise document to each member city for review and adoption. III. BASIS OF RECOMMENDATION A. POLICY • The City of Richfield is part of the Southwest Suburban Cable Commission (SWSCC). • The City's cable franchise is negotiated as part of the SWSCC franchise ordinance. B. CRITICAL TIMING ISSUES • The current franchise is expiring after the first extension on April 16, 2012. • The first franchise extension will expire before the terms of a new franchise have been negotiated and approved by the parties. • A second franchise extension is necessary to complete the process for a new franchise ordinance. C. FINANCIAL • There is no financial impact to the City in approving this extension. D. LEGAL • The attorney for the SWSCC is the lead in the franchise renewal negotiations and is recommending that the five cities approve a second extension to the current franchise. E. ENVIRONMENTAL CONSIDERATIONS • None IV. ALTERNATIVE RECOMMENDATION(S) • The City could decide to not approve the extension. However, that would leave the City and its residents without a cable television franchise after April 16, 2012. V. ATTACHMENTS • Resolution • Comcast acceptance VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RICHFIELD, MINNESOTA GRANTING COMCAST OF ARKANSAS/FLORIDA/LOUISIANA/ MINNESOTA/MISSISSIPPI/TENNESSEE,INC. A FRANCHISE EXTENSION TO JULY 31,2012 WHEREAS, effective January 1, 1997, the City of Richfield, Minnesota("City") granted a Cable Television Franchise Agreement("Franchise")to Time Warner Cable, Inc.; and WHEREAS,the Franchise is currently held by Comcast of Arkansas/Florida/ Louisiana/Minnesota/Mississippi/Tennessee, Inc. ("Comcast"); and WHEREAS,the City adopted Resolution No. 10574 on November 22, 2011 extending the term of the Franchise until April 16, 2012; and WHEREAS, Comcast executed said Resolution No. 10574 and agreed to continue complying with the Franchise, as amended by the Resolution; and WHEREAS,the City and Comcast,pursuant to 47 U.S.C. §546(h), are currently conducting informal franchise renewal negotiations in an attempt to reach a mutually acceptable terms for franchise renewal; and WHEREAS,the City and Comcast are interested in continuing informal renewal negotiations and desire to extend the current Franchise term from April 17, 2012 to July 31, 2012; and WHEREAS,both the City and Comcast desire to expressly reserve all of their respective rights under state and federal law; and WHEREAS,the City and Comcast continue to be governed by the formal renewal process pursuant to 47 U.S.C. §546(a-g) and nothing contained herein shall in anyway diminish either party's rights under the formal renewal process. NOW,THEREFORE,the City Council of the City of Richfield,Minnesota hereby 1869650v2 1 resolves as follows: 4P . d 1. The Franchise is hereby amended by extending the term of the Franchise from April 17, 2012 through and including July 31,2012. 2. Except as specifically modified hereby,the Franchise shall remain in full force and effect. 3. The City and Comcast hereby agree that neither waives any rights either may have under the Franchise or applicable law. 4. This Resolution shall become effective upon the occurrence of both of the following conditions: (1) The Resolution being passed and adopted by the City Council of the City of Richfield; and(2) Comcast's acceptance of this Resolution. Adopted by the City Council of Richfield, Minnesota, this 27th day of March 2012. CITY OF RICHFIELD, MINNESOTA By: Its: Mayor ATTEST: City Clerk 1869650v2 2 'I - 3 ACCEPTANCE Comcast of Arkansas/Florida/Louisiana/Minnesota/Mississippi/Tennessee, Inc. hereby acknowledges the City of Richfield, Minnesota Resolution No. and hereby accepts the terms,provisions and recitals of the Resolution and agrees to be bound by the Franchise to the extent consistent with applicable laws. DATED: , COMCAST OF ARKANSAS/FLORIDA/ LOUISIANA/MINNESOTA/ MISSISSIPPI/TENNESSEE,INC. By: Its: Sworn to before me this day of , Notary Public 1869650v2 3 AGENDA SECTION: CONSENT AGENDA ITEM# 4B REPORT# 64 =Ad STAFF REPORT RIO WIELD CITY COUNCIL MEETING MARCH 27, 2012 REPORT PREPARED BY: PAM DMYTRENKO, As« ,, ITYMANAG • / r .�• : NAME TITLE r REVIEWED BY CITY ; MANAGER: ITEM FOR COUNCIL CONSIDERATION: Accept the change order report for the Richfield Municipal Project for an aggregate net effect of$1,574 in items included in the project budget. I. RECOMMENDED ACTION: By Motion: Accept the Richfield Municipal Center change order report for an aggregate net effect of $1,574 in items included within the project budget. II. BACKGROUND Resolution No. 10309 provides the City Manager the authority to approve change orders for all contracts awarded by the City Council for the construction of the new Richfield Municipal Center subject to the following limitations: • Up to an aggregate of$25,000 for non-budgeted items • Up to an aggregate of$100,000 for items within the project budget Following the approval of such change orders, the City Manager must report this information to the City Council. Attached is the list of the approved project change orders since the January 10, 2012 City Council meeting. Some change orders represent an increase to the originally awarded contract and some represent a decrease. Total net project change orders to-date is $513,337. III. BASIS OF RECOMMENDATION A. POLICY • In order to maintain the construction schedule of the Richfield Municipal Center project and respond to change order requests in a timely manner, the City Council has authorized (Resolution No. 10309) the City Manager to approve change orders up to an aggregate value of$100,000 for budgeted items and up to an aggregate value of$25,000 for non-budgeted items. B. CRITICAL TIMING ISSUES • The City Manager must report approved change orders for the Richfield Municipal Center to the City Council at the next Council meeting. • These change orders have already been approved and, in most cases, implemented. C. FINANCIAL • The change orders before the Council for review on March 27, 2012 represent a net effect of$1,574 for budgeted items. • Total net project change orders to-date is $513,337. D. LEGAL • NA E. ENVIRONMENTAL CONSIDERATIONS • NA IV. ALTERNATIVE RECOMMENDATIONS) • None V. ATTACHMENTS • Richfield Municipal Center Change Order Log VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None N 2 O N M N N M A Y V () 0 C. d C.) CU Q. O as C U) a) CD o U 0 > U c O t to 0 • 0).6 0 W > Z °• o °0 °o o° E coo• co r•-• a N t� U C tti Oa) C ��t6 M E C' D N M T L' r 0 Q' O O 0 U•0 c al 0 O p- g CO++ a 0) Q — (I) 5 V Q v 'C'n.; 0 L. d Ifn 3 13 m o = m CD o L = am C C Y N d to O (6 = O O co N 7• O 0 C.) 1:1 as 0- O 0 co OT o'a C o• O N Z U O M C 'C d • =0 u ro- Q N `r' a N O T T AGENDA SECTION: PUB.HEARING AGENDA ITEM# 6 REPORT# 65 STAFF REPORT eel CITY COUNCIL MEETING MARCH 27, 2012 REPORT PREPARED BY: NANCY GIBBS, CITY CLERK NAME,TITLE DEPARTMENT DIRECTOR REVIEW: Tirmj, REVIEWED BY CITY MANAGER: v Xiiri ITEM FOR COUNCIL CONSIDERATION: Public hearing and second reading of the transitory ordinance to establish new ward boundaries to conform to redistricting requirements pursuant to Minnesota Statutes and City Charter and consideration of resolution establishing precinct boundaries. I. RECOMMENDED ACTION: Conduct and close the public hearing and by motion: • Approve the second reading of the transitory ordinance establishing new ward boundaries following the 2010 census data and conforming to redistricting requirements pursuant to Minnesota Statutes and City Charter and; • Approve resolution establishing new precinct boundaries. II. BACKGROUND At the February 28, 2012 Special City Council Worksession and the March 13, 2012 City Council meeting, Council discussed the redistricting process, designation of polling places, ward boundary shifts and legislative changes that could affect future local elections. The City Council must establish ward boundaries and precinct boundaries by April 3, 2012 (MN Statute 204B.135 and 204B.14). With respect to ward boundaries, the City is to equalize the population contained within the City's three wards. This does not mean that the wards must be exactly the same population but rather that the wards must be within a 5% deviation. A minor boundary adjustment in the current ward boundaries would balance the wards 0327RedistrictingPublicHearingSecondRead&Resolution well within the 5% deviation. The Council must also establish precinct boundaries by April 3, 2012. The precinct boundaries cannot cross the legislative district lines or ward lines. According to the new legislative districts, Richfield will now be in Senate Districts 50 and 63. The districts will be split into House Districts 63B and 50A by an irregularly configured boundary line that runs east/west 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 72nd Street; thence East along the centerline of 72nd Street to the centerline of Pleasant Avenue; thence South along the centerline of Pleasant Avenue to the centerline of 73rd Street; thence East along the centerline of 73rd Street to the centerline of Diagonal Boulevard; thence northeasterly and easterly along the centerline of Diagonal Boulevard to the easterly boundary line of the City and there terminating. The precinct boundaries presented are consistent with the legislative districts and the ward boundaries. III. BASIS OF RECOMMENDATION A. POLICY • 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. B. CRITICAL TIMING ISSUES • Staff must submit the City's plan to the Secretary of State's office and Hennepin County Elections Division on or before April 3, 2012. • Ward and Precinct boundaries shall be effective for the conduct of the August 14, 2012 Primary election. C. FINANCIAL • N/A D. LEGAL • Minnesota State Statute 204B.135 requires the City to establish ward boundaries by April 3, 2012. • Minnesota State Statute 204B.14, subd.3c requires the City to establish precinct boundaries prior to April 3, 2012. • 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 (MN Statute 205.84,subd 2). 0327RedistrictingPublicHearingSecondRead&Resolution E. ENVIRONMENTAL CONSIDERATIONS • N/A IV. ALTERNATIVE RECOMMENDATION(S) • The City Council may choose a ward district boundary modification which is different than the proposed modification. V. ATTACHMENTS • Transitory ordinance establishing new ward boundaries. • Resolution establishing new precinct boundaries. • Maps depicting the ward and precinct boundaries proposed in the attached ordinance and resolutions. VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None. 0327RedistrictingPublicHearingSecondRead&Resolution BILL NO. 2012- TRANSITORY ORDINANCE NO. AN ORDINANCE ESTABLISHING THE BOUNDARIES OF COUNCIL 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 14, 2012 election. Sec. 3. This ordinance supersedes Transitory Ordinance No. 18.15. Passed by the City Council of the City of Richfield, Minnesota, this day of March, 2012. Debbie Goettel, Mayor ATTEST: Nancy Gibbs, City Clerk 0327RedistrictingPublicHearingSecondRead&Resolution RESOLUTION NO. RESOLUTION ESTABLISHING BOUNDARIES OF ELECTION PRECINCTS; AMENDING RESOLUTION NO. 9175 BE IT RESOLVED by the City Council of the City of Richfield as follows: 1. The boundaries of the election precincts, and polling places for such election precincts, within the City are hereby amended and established as follows: Precinct 1 Boundaries That area of the City lying East of the centerline of Portland Avenue and lying Northerly and Easterly of"Line A" described as follows: Line A is described as beginning at the intersection of the centerlines of Portland Avenue and 68th Street; thence East along the centerline of 68th Street to the centerline of Cedar Avenue; thence South along the centerline of Cedar Avenue to 69th Street; thence East along the centerline of 69th Street to the easterly boundary line of the City and there terminating. Precinct 1 Polling Place: Mt. Calvary Education Building —6541 16th Avenue Precinct 2 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 southwesterly along the centerline of Lyndale Avenue to the centerline of 68th Street; thence East along the centerline of 68th Street to the centerline of Portland Avenue and there terminating. Precinct 2 Polling Place: St. Peter's Catholic Church —6730 Nicollet Avenue Precinct 3 Boundaries That area of the City lying West of Interstate 35W and lying Northerly of the following described line: Beginning at the intersection of the centerlines of 68th Street and Interstate 35W; thence West along the centerline of 68th Street to the westerly boundary line of the City and there terminating. Precinct 3 Polling Place: Sheridan Hills School —6400 Sheridan Avenue Precinct 4 Boundaries That area of the City lying West of the centerline of Interstate 35W and lying southerly and westerly of the following described line: Beginning at the intersection of the centerline of Interstate 35W and 76th Street; thence West along the centerline of 76th Street to the centerline of Penn Avenue; thence North along the centerline of Penn Avenue to the centerline of 68th Street; thence West along the centerline of 68th Street to the westerly boundary line of the City and there terminating. Precinct 4 Polling Place: St. Richard's Catholic Church —7540 Penn Avenue 0327 Red istricti ng Pu blicHeari ngSecond Read&Resolution lQ - 3 Precinct 5 Boundaries That area of the City lying East of the centerline of Penn Avenue, South of "Line B" described below West of the centerline of Lyndale Avenue, and North of "Line C" described below: Line B 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 C is described as beginning at the intersection of the centerlines of Penn Avenue and 76th Street; thence East along the centerline of 76th Street to the centerline of Interstate 35W; thence North along the centerline of Interstate 35W to the centerline of 73rd Street; thence East along the centerline of 73rd Street to Lyndale Avenue and there terminating. Precinct 5 Polling Place: Richfield Middle School —7461 Oliver Avenue Precinct 6 Boundaries That area of the City lying East of the centerline of Interstate 35W, South of"Line D" described below, and west of"Line E" described below. Line D 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 Lyndale Avenue; thence North along the centerline of Lyndale Avenue to the centerline of 72nd Street; thence East along the centerline of 72nd Street to the centerline of Pleasant Avenue; thence South along the centerline of Pleasant Avenue to the centerline of 73rd Street; thence East along the centerline of 73rd Street to the centerline of Portland Avenue and there terminating. Line E is described as beginning at the intersection of the centerlines of 73rd Street and Portland Avenue; 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; thence South along the centerline of 2nd Avenue to the centerline of Interstate 494 and there terminating. Precinct 6 Polling Place: Central School —7145 Harriet Avenue Precinct 7 Boundaries That area of the City lying East of the centerline of Lyndale Avenue, South of the centerline of 68th Street, West of the centerline of Portland Avenue; and North of Line D described above. Precinct 7 Polling Place: Hope Presbyterian Education Facility—7132 Portland Avenue Precinct 8 Boundaries That area of the City lying East of the centerline of Portland Avenue; South of the centerline of"Line A" described above, West of the easterly boundary line of the City, and north of"Line F" described below: Line F is described as beginning at the intersection of the centerlines of Portland Avenue and 73rd Street, thence East along the centerline of 73rd Street to the centerline of Diagonal Boulevard; thence northeasterly and easterly along the 0327RedistrictingPublicHearingSecondRead&Resolution centerline of Diagonal Boulevard to the easterly boundary line of the City and there terminating. Precinct 8 Polling Place: Richfield STEM School — 7020 12th Avenue Precinct 9 Boundaries That area of the City lying East of"Line E" described above and South of"Line F" described above. Precinct 9 Polling Place: Centennial School —7315 Bloomington Avenue 2. The precinct boundaries shall be effective for the conduct of the August 14, 2012 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 14, 2012. 3. 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. 4. The City Clerk is directed to immediately notify the secretary of state of the change in precinct boundaries. The City Clerk is further directed to prepare maps showing the correct boundaries of each election precinct in the City and to provide a copy of the map to the secretary of state no later than April 3, 2012. A copy of the maps must also be available for public inspection in the office of the City Clerk. 5. 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 this 27th day of March, 2012. Debbie Goettel, Mayor ATTEST: Nancy Gibbs, City Clerk 0327RedistrictingPublicHearingSecondRead&Resolution _ j ° N z\/ r L O /7-- = N ! S3AV� ���_ 0 o ei Ilwagain imiiii ..02.42mEn' ®IM®� \ CO ..c MIIIIIIIIIIIIiiiiiiiIIIII a.) c !.1.11=111111111MINIMINIMELVIlliniiiiiialli ,g'-' •- ch =111111111111.11111111= 3AV HIS L INIII it; imp 1.111 LU OM=.111111111111111110 'r MILZIMMEINIM . MIIIIIIIIMMENIE r-. "AV IC IE_-M� 3AV H1.y�■■ U_ i E I __ a,_®G_ L! IMIL MI=3AV H10L IIIII S tl 1011l3 1 y S3 0050IHO 0 //�) j,1 nBWOl00 n �// 44�4��VV N S 3AV Na•• 53A•ONVINV, 3AV 0 NV1ISO1 7 N S3A..:,NV11NOd S. S3AV 1-113 3 3A HIS n ,ME — CO I A3n• SNW S:Stl H1C ION ���� I NO NO1110 II S 3AV Oae®__ N-11111_= SAY ONz e_r®— sin r N S 3AV 1SL 3A•13llOOIN 3 ;; �' co _•51518 ♦• _____ co �� N3M .i __�_ LL,I C13 O S 3n• - W�■� N ��� 3® iii S 3AV 1NtlSVS3 1 .�S .. S3 .. 'L •i S 31 131..• In S3A•M ' •013133tl0 S 3AV At III . : N pi.3A 3lVONAI � =3lVONAI T I 3 VH�IaOIV ( VIM= < 1.1� `� / o 't •.�//�,,''-.2 r., XV1100 O ik1NO r � a —_�� OEM I . Wiz : _ -._—�.. MIEil� O �_ �_ err J- L _�OloewnH_- a . > =1 fl -Mr--S 311 ONIAH _ / _®_— __ S 3/W XONS /// IIIEIIMHEBMIIMIIMI Pi. CO �r �.. r -- e� 3 0 lhhlhfaillIllnIE 0 13 S 3AV 331110 3 _/! CO L 4��MIS �� G_!S 3AV NN3d S 3AV NN d �' f V 1 L�� � � S VN33n0 U N�__ S3AV 3SSna ❑S 3AV NVO13315 o S3A O I >S 3AV SVWOHl (O N UMW of®NM_ C �i� �M� i� �M as S 3AV N30 EMI � r 1N30 NIA-- O S 3AV Nan. NanHHS 0 Q) E L ® a V J O T 0 ' • O �_ S 3A•AV03A i � iiii cm Ir J♦� s3AV iiidii®� 3 c ....fr..... 1 a iiiiii� �i ii a o.3AV NO1 r NI W0018 0 ° 'IN=MI IMII iiiii lia num iiiii® iii Oil iii11iiiELM iiI m o s Miiiiii _ _i �'m 11.i ELM i . - CE iiii NM=iii o i ''r I", Elm Hill =i 3AV H10- 0 � Cn I ®iiE11saii =Min ii=ME EN iii u) - U LL it % -•. m a c • S3AV HIS -�� iii ' t J ■ T; c)'-E- > V ioimim i®i a Q) II I 1�iiiMUM ola i • N s O L illiniiiiii viii ii iii O cL Q_ iiiii3A 1311001N S3A®St. . % ■� O_N � S i iiiii / N :5 w Nei S 3Ai , � ��:.�� • > > O pa oa 3 V 1NVSV3l. ! N from iii . i = i� gnS �m i ^C, S3 . .. o R = N 1�S3AV 131011111ft __ � ii W S3A•® ,.^ ?es w,. S3A•O131d21tlO�i L (� CO d /• S Al 3 — U r � •3nv�a3es�tl Li r tili.3A 3lVONAI %. �rop�31VONA1 MN 1 In CO VH.IH1IV .�01K1V ME- f N' . I ri�0 ��ii L,ii® c 1 �ps i�7rri: / i-� d c.) O / _ • = O ID S3AV1a1,- �• � !/� a O i�aloenH---___ 1 Rs .• c G' c'0 c S 3AV`JNIAHI / 0 s s d viii iiii Y u CI- Li■ 11111 MB EN iii= d °o re a CL —i�— �i Atl:No,iii fn f0 fA P ■�i�j_r V NV`JO1�i- M ei �ni� i OM NV`J210w_-- iia� •►-i®iii C i SJAVa3AnO i�i O.9 iiiiii +1'I e v I S3Atl NN3d S3Atl NN �� f m 3,„11„, 3 iii = oii • - , • O V 3 D I =iiii E -ii - c a, • ■ S 3AV NVOIN3 HS S 3A• C > o Il�iiii ^i iiiii a w c S3A"SVAOHi� Mil IN=MI li ®-W- V L a U il�� -iii' '®oldn a - a 0 > p ° nig I==1N30NA®�=MI O S 3A E c • e r)Ela U a o v M '' m to m Q r N a AGENDA SECTION: RESOLUTION AGENDA ITEM# 7 REPORT# 66 (REVISED) Revised STAFF REPORT RICHFIELD CITY COUNCIL MEETING MARCH 27, 2012 REPORT PREPARED BY: CHRISTINE COSTELLO, COMMUNITY DEVELOPMENT SPECIALIST NAME, TITLE DEPARTMENT DIRECTOR REVIEW: -° AN, • REVIEWED BY CITY • MANAGER: Ai4z4W ITEM FOR COUNCIL CONSIDERATION: Call for a public hearing on April 24, 2012 for: 1. Modification to the Redevelopment Plan for the Richfield Redevelopment Project Area; and 2. Proposed establishment of the Pillsbury Commons Tax Increment Financing District relating to the development of a 70-unit multi family affordable housing development on the north portion of the former Public Works Maintenance Facility site at 7641 Pleasant Avenue. RECOMMENDED ACTION: By Motion: Adopt a resolution calling for a public hearing on April 24, 2012 to consider: 1. Modification to the Redevelopment Plan for the Richfield Redevelopment Project Area; and 2. Proposed establishment of the Pillsbury Commons Tax Increment Financing District; relating to the development of a 70-unit multi-family affordable housing development on the north portion of the former Public Works Maintenance Facility site located at 7641 Pleasant Avenue. II. BACKGROUND On March 13, 2012 Ron Clark Construction and Design (dba Connelly Development LLC) (the "Developer") made a formal request for Tax Increment Financing (TIF) to the City of Richfield and Richfield Housing and Redevelopment Authority (HRA) for 03272012 Call PH for Pillsbury Commons.doc 400397v1 CAH RCI45-609 their proposed 70-unit 100% affordable multi-family housing project, Pillsbury Commons (attached). The Developer previously applied to the Minnesota Housing and Finance Agency's (MHFA) Low Income Housing Tax Credit Program for funding of the proposed project. In November 2011 MHFA awarded the Developer $10 million in housing tax credits. According to the Developer, the award of the Housing Tax Credit alone will not finance the proposed project. The Developer has stated that the cost of the project exceeds the sources of financing for the project and that it needs to secure TIF in order to make the project feasible. The use of TIF financing requires that all of the following occur (not necessarily in the order listed below): • HRA must approve a TIF Financing Plan and a Development Agreement. The Housing and Redevelopment Authority (HRA) has not yet approved modifications to the TIF plan and has not approved a Development Agreement. The HRA is scheduled to consider the TIF plan modifications, establishment of a TIF district and a Development Agreement at its meeting on May 21, 2012. • HRA must request City approval of the TIF Plan. In 2011, the HRA requested the City Council to hold a public hearing, but the public hearing did not occur in 2011 at the Developer's request. At the March 19, 2012 HRA meeting, a motion to request a public hearing failed on a 2-1 vote, with two members absent. The full HRA board is expected to be present at the May 21 HRA meeting; if the HRA approves the plan at that meeting, it also may make the request to the City Council at that meeting. • City must hold a public hearing on the TIF Plan. Following the HRA's prior request, the City Council voted on October 25, 2011 to schedule a public hearing on December 13, 2011. The hearing was not held on that date, at the Developer's request. The action requested in this staff report is consistent with the Council's prior action on October 25, 2011. • City Council must approve the TIF Plan. If approved by the HRA on May 21, the TIF plan will be provided to the City Council for consideration at the May 22 public hearing. If the HRA does not approve the plan on May 21, the City Council could postpone or cancel the May 22 public hearing. Calling for the public hearing does not commit the City Council to approve the establishment of the TIF district or the TIF plan modifications. It merely provides the opportunity for public comment before the City Council makes a decision. III. BASIS OF RECOMMENDATION A. POLICY • A public hearing is required for the modification of the Richfield Redevelopment Project Area and for the creation of a TIF District. 400397v1 CAH RC145-609 • The City Council is the body that must hold a public hearing to consider approval or denial of the proposed modifications to a redevelopment plan and establishment of a TIF District. B. CRITICAL TIMING ISSUES • The Developer has indicated that its November 17, 2011 tax credit award requires final approval of all local government financing (including TIF) within six months (by May 17, 2012). Note: MHFA has now consented to extending this date to May 22, 2012. • State Statute requires that the County, School Districts and other affected taxing jurisdictions receive notice of the proposed Tax Increment Plan and other information on fiscal impacts related to the modification/establishment of a Redevelopment Project Area and/or TIF District at least 30 days prior to the public hearing (May 22, 2012). • The Planning Commission must determine whether the establishment of such a district would be consistent with Richfield's Comprehensive Plan; this is tentatively scheduled for the April 23, 2012 Planning Commission meeting. • The proposed schedule allows all required notices to be given and hearings to be held by May 22, 2012 C. FINANCIAL • There are no financial implications or commitments resulting from the request to call for a public hearing on TIF. D. LEGAL • The City's/HRA's legal counsel and financial consultant have been involved in all staff discussions relating to tax increment financing for the proposed project. • The Resolution calling for a public hearing was prepared by Ehlers and Associates and Kennedy and Graven. IV. ALTERNATIVE RECOMMENDATION(S) • Delay the request for a call for a public hearing to a later meeting in order to seek further information. • Adopt the attached Resolution with modifications that meet the desires or concerns of City Council members. V. ATTACHMENTS • Resolution • Developer's letter requesting Tax Increment Financing (TIF) • Excerpt of October 17, 2011 HRA meeting minutes • Excerpt of October 25, 2011 Council meeting minutes VI. PRINCIPAL PARTIES EXPECTED AT MEETING • Representatives from Ron Clark Construction and Design 400397 CAM RCI45-609 i -� RESOLUTION NO. RESOLUTION CALLING FOR A PUBLIC HEARING BY THE CITY COUNCIL ON THE PROPOSED ADOPTION OF A MODIFICATION TO THE REDEVELOPMENT PLAN FOR THE RICHFIELD REDEVELOPMENT PROJECT AREA AND THE PROPOSED ESTABLISHMENT OF THE PILLSBURY COMMONS TAX INCREMENT FINANCING DISTRICT THEREIN AND THE ADOPTION OF THE TAX INCREMENT FINANCING PLAN THEREFORE BE IT RESOLVED by the City Council (the "Council") for the City of Richfield, Minnesota (the "City"), as follows: Section 1. Public Hearing. This Council shall meet on May 22, 2012, at approximately 7:00 P.M., to hold a public hearing on the proposed adoption of a Modification to the Redevelopment Plan for the Richfield Redevelopment Project Area, the proposed establishment of the Pillsbury Commons Tax Increment Financing District, (a housing district), and the proposed adoption of a Tax Increment Financing Plan therefore, all pursuant to and in accordance with Minnesota Statutes, Sections 469.001 to 469.047, and Sections 469.174 to 469.1799, inclusive, as amended, in an effort to encourage the development and redevelopment of certain designated areas within the City; and Section 2. Notice of Public Hearing, Filing of Plans. City staff is authorized and directed to work with Ehlers and Associates to prepare a Modification to the Redevelopment Plan for the Richfield Redevelopment Project Area and a Tax Increment Financing Plan for the Pillsbury Commons Tax Increment Financing District and to forward documents to the appropriate taxing jurisdictions including Hennepin County and Independent School District No. 280. The Community Development Director is authorized and directed to cause notice of the hearing, together with an appropriate map as required by law, to be published at least once in the official newspaper of the City not later than 10, nor more than 30, days prior to May 22, 2012, and to place a copy of the Plans on file in the Community Development Director's office at City Hall and to make such copy available for inspection by the public. Section 3. This resolution supersedes Resolution Number 10570 that was approved on October 25, 2011. Adopted by the City Council of the City of Richfield, Minnesota this 27th date of March, 2012. Debbie Goettel, Mayor ATTEST: Nancy Gibbs, City Clerk 400397v1 CAH RC145-609 RonClark - Construction&Design 7500 West 78th Street (Winn,MN 55439 (952)947.3000 fax(952)947-3030 Tuesday, March 13, 2012 Mr. Steven L. Devich Executive Director City of Richfield Housing & Redevelopment Authority 6700 Portland Ave South Richfield, MN 55423 Re: Pillsbury Commons Subject: Request for Tax Increment Financing Dear Mr. Devich: From our initial financial modeling that was done prior to submitting our application to Minnesota Housing Finance Agency (MHFA) it was determined that the cost of the project would exceed available funding, e.g. there would be a financial gap. Because of this gap, prior to making our application to MHFA we came to the city and requested Tax Increment Financing (TIF)to make the project feasible. The TIF will be used to pay for the costs involved in the demolition, environmental clean-up of the site, site improvements, and other TIF eligible costs and will be needed to make the project financially feasible. To justify the need for TIF we will support this request in the future with documentation that these are all TIF eligible costs. It is important to know that we will incur and pay for these costs up front and then request reimbursement from "pay as you go TIF"over an extended period of time. In this manner the reimbursement will be paid from the new, higher real estate taxes paid by our project, and not from other city sources. This letter is intended to define the amount of TIF needed to make the project financially feasible and to request the city complete the process of approving the TIF district simultaneously with the Land Use approval of our Project. Due to the lengthy time frame to get to this point in the development process, we think it would be helpful to give a brief "bullet point" history of the tax increment financing element involved in our development to date: • City Council meeting on 4/12/11: the City Council was made aware of our intent to submit an application to Minnesota Housing Finance Agency(MHFA) for a 70-unit 100% affordable housing project on the former City Maintenance Facility property to be called "Pillsbury Commons". (This was also restated in an HRA memorandum dated 10/27/2011 to the City Council.) • City Council meeting on 6/14/11: the City Council approved Resolution 10520. The Resolution states that"the City wishes to support the Project and directs staff to work with the Developer to take steps necessary to create a tax increment financing district for the Project". The"Project"is described in the Resolution to be"70 units of multifamily housing"and"is to be known as Pillsbury Commons and 100%of the units will be affordable to persons with incomes at 60% of the area median income". We submitted our application to MHFA immediately after receiving the City Council's Resolution to support TIF for our project. A J1 > �7 b'I a+" MN Builder License# 1220 `1M% W vw.ltonClark.corn 2008 RecIptent tr.:.>,:n _ RonClark Construction&Design 7500 West 78th Street Edina,MN 55439 (952)947-3000 6tx(952)947-3030 • In our application to MHFA for financing for this project we used the approved city TIF Resolution as a key component of our application in order to demonstrate TIF support by the city which awarded us additional points for a higher score against our competition. • On 11/17/2011 MHFA allocated federal tax credits to the Pillsbury Commons project through its competitive process. On February 21, 2012 Ron Clark Construction (Connelly Development, LLC) made formal application to the City of Richfield for our Pillsbury Commons project. Our project has remained unchanged in its overall concept for 70 units of 100% affordable rental housing since our meeting on this concept back on 04/12/2011 noted above. Based on the above noted City approved Resolution, our MHFA application included Tax Increment Financing (TIF) as an integral financial component for project feasibility. ORIGINAL CONCEPT SITE PLAN—Exiting onto Pillsbury Ave. (PRIOR TO CITY APPLICATION) The original TIF amount used in our MHFA application for sources of funds for proof of development financial feasibility was$530,082.00, which was based on the original site plan exiting onto Pillsbury Ave. Attached please find our"Project Sources& Uses"showing the financial gap in our sources of funds necessary to pay for project costs. This continues to be the amount of our base TIF request, which amount may be modified as shown below depending upon the city's preferred site plan 1.Tax Increment Financing Requested $530,082.00 PROPOSED SITE PLAN L1.0—Exitinq onto 76th Street(THIS IS OUR APPLICATIONS BASE PLAN) Early in the process of review with the City and the neighbors, it was requested that our original site plan which exited onto Pillsbury Avenue be revised to exit onto 76th street. We have agreed to make this change in exiting to 76th Street, but this change will require an Easement from the City and the HRA for the driveway that crosses both City and HRA property. We have no additional sources of funds to pay for the increased cost of changing the site plan. Therefore; we request that the value of this Easement be added to the TIF amount summarized below. 1. L1.0: Proposed Site Plan a. Original Concept plan -Tax Increment Financing Requested = $530,082.00 b. Suggested Value of Easement required for driveway( to access 76thSt)= $10,000.00* c. Total TIF requested = $540,082.00*** ALTERNATE SITE PLANS L1.1 and L1.2–Exiting onto 76th Street plus include additional city land After several additional meetings and discussions with the City of Richfield, neighbors and residents we also have come up with two additional"Alternate"site plans for consideration. If either of these alternate site plans (L1.1: Alternate#1 or L1.2:Alternate#2) is preferred by the City, we would agree to purchase the additional City owned land identified as parcel C-3 on the attached document. We would agree to purchase the additional land area required. However, we have no additional sources of funds to pay for the additional land, and therefore we also request that the sale price amount of this additional land be added to the TIF amount for this project. The previous method that was used to calculate the land value for the Option Agreement was determined by dividing the total appraised land value by the total land area. v�yl�L„A A i= /1` , MN Builder License# 1220 F. �a Nme' a www.RonCla rk,com 2008 Recipient "1.:;;,a / - � RonClark Construction&Design 7500 West 78th Street Edina,MN 55439 (952)947-3000 fax(952)947-3030 Then this land value cost per square foot was allocated to each parcel based on area of the given parcel. See the attached land value worksheet. It should be noted that the parcel sizes have adjusted a small amount based on the updated survey that we recently conducted, so some of the values have adjusted slightly. (The Option agreement used a value of$415,936 based on the previous square footage amount.)Listed below is the summary of Tax Increment Financing amounts requested depending on the City's preferred site plan selection: 1. L1.1 or L1.2: Alternate Site Plans#1 or#2 for consideration a. Original Concept plan-Tax Increment Financing Requested =$530,082.00 i. Additional cost of land to accommodate alternate plans = $103,341.00** (Total value of City parcels C-2 &C-3 = $519,377.00-$415,936.00(value in Option Agreement)=$103,441.00.) b. Suggested Value of Easement required for driveway(to access 76th St.) .__. =$10,000.00* c. Total TIF requested = $643,523.00*** We look forward to the upcoming City meetings to be able to present and discuss the variations in our project and come up with the best solution for all involved. - S' erely Ronald E. Clark CEO Ron Clark Construction&Design Connelly Development,LLC R.E.C.,Inc. *Cost of Driveway Easement with the City of Richfield and the IIRrt has yet to be determined.Once that actual amount has been determined it will be inserted here. *Cost ofAdditional land purchase with the City of Richfield has yet to be determined.Once that actual amount has been determined it will be inserted here. ***Total T IF requested may vary based on the cost of the Driveway Easement and Additional Latin • A : '; ' MN Builder License# 1220 r• s � `mV-' www.ltr'>nC:lark.com 2008 Redplent _ _ . . . < CO" o U \ 7-0 \ % > / ¥ r § C S \ G C § \ C § 2 C _� 0 4' < 2 k E 2 E m L _ P. / \ $ / . 0 ° o 7 / ' J \ § I > f { = e 5 @ 0 0 0 t LL, ) / ƒ \ \ ƒ Q 2 o e ® 5 0 R3 / k I / % 2 7 2 � � \ -4 47-7 W t 2 > & u / 0 0 / \ / % § ¥ @ 3 % M ® G CO 5 Q \ o a. E / Q q ƒ § / J o 0 0 0 a 0 \ o H \ H %o E a # o • o E m / \ N 3 m e o e Ln C4 H i ori a; H H — 0 A A A in. in. Ni / q q E o \ o /q \ o o m o # o a r 6 o [ N 2 $ q o E H m m / 5 ® i m A m A , , / i 4, £\ 0 0 _ 0 \ D Q \ m V) w @ I \ \ f / F-Li = c s { C { C > E E $ E % / Q C o \ ai t to \ $ ƒ > o E « $ § -0 \ / 73 C $ f § / / / / 2 ' 0 zx U § 5 J ,E a , m / _& 12 . . .-. ƒ k i m N p 9,181.0 sq.ft. F. 9,181.0 sq.ft. 31,965.2 sq.ft. 9,128.2 sq.ft. 18.040.7 sq.ft. 72,251.4 sq.ft. 10,670.4 sq.ft. 'foto! oreo 162,668.1 sq.ft. 3.73 ogres 3/?I/2y i NV ci O a) H H h N. 0:1 @ LN cM-1 Q Q Q d •c— c C O aa) W (1) L.C " = = = E y c c c E C o 0 0 U a z z z a) t- o M as oi. r m in U N u co 48 0 N' n O h 0 tomI 0 d Ns to, co co 0 N N M to M N Cri. Z e-t O e- 00 VI CO f0 v-1 •f c-I h a as U O N . Nn f\ en O O O N O O a) O O 'C O O Y O) Q1 Q is a) O a C co IA vs. 06 NO I O V-1 ‘-.I In t-1 00 a) 1 Ta L �-I N 0 N rn 00 .-1 kl) Q ri N co" N c-1 as M a c-I n M 01 0. N i-1 0 Q N6 Lei a) Ln .4 1/1 1�0. CO CO co t0 ~.co Q LL NV 0 NV l0 Ol i-1 .-1 c-I l0 �O NT • CO 0 ^ O r-I en r Ol Q1 as' LW j N rf co i N co 0 Q ■ a ■ C C O H N c) d' r I N ‘..-1 N U U U U = 2 a s os U O .� C • 0 co C O M W Z / "0 N M 0) > a) 47. (0 !D U J Q U I a. -r:. y HRA Meeting -3- October 17,2011 '" Item #7 CONSIDERATION OF RESOLUTION AFFIRMING CITY COUNCIL'S CALL FOR mom, PUBLIC HEARING ON PROPOSED MODIFICATION TO REDEVELOPMENT PLAN FOR RICHFIELD REDEVELOPMENT PROJECT AREA AND PROPOSED ESTABLISHMENT OF PILLSBURY COMMONS TAX INCREMENT FINANCE DISTRICT(STAFF REPORT NO.48) Community Development Director Stark presented Staff Report No. 48. Commission Member Goettel asked staff to prepare a memo on what amenities these apartments will include. M/Sandahl, S/Goettel to affirm the City Council's call for public hearing on proposed modification to redevelopment plan for Richfield Redevelopment Project Area and proposed establishment of Pillsbury Commons Tax Increment Finance District. Motion carried 4-0. Item #8 CONSIDERATION OF CONTRACT FOR PRIVATE DEVELOPMENT WITH LYNDALE GARDENS, LLC FOR REDEVELOP .1ENT OF FOR^,IER LYNDALE GARDEN CENTER PROPERTY(STAFF REPORT NO. 49) Assistant Community Development Director Barton presented Staff Report No. 49. Colleen Carey and Beth Pfeifer of The Cornerstone Group/Lyndale Gardens, LLC were available for questions. M/Sandahl, S/Helmberger to approve contract for private development with Lyndale Gardens, LLC for redevelopment of former Lyndale Garden Center property. Motion carried 4-0. Item#9 CONSIDERATION OF RESOLUTION AMENDING LYNDALE GARDENS TAX INCREMENT FINANCING PLAN (STAFF REPORT NO. 50) Assistant Community Development Director Barton presented Staff Report No. 50. Dennis Schuller, 7144 Garfield Avenue, stated he supports the projects, however, he has concerns regarding the developer and the Kensington project. Colleen Carey, representing The Cornerstone Group/Lyndale Gardens, LLC explained what was happening with Kensington project. Chair Sandahl stated the Kensington project has not cost the city any money. _ Council Meeting Minutes -3- October 25,2011 RESOLUTION NO. 10569 RESOLUTION APPROVING THE GRANT WITH THE U.S. DEPARTMENT OF JUSTICE, OFFICE OF JUSTICE PROGRAMS AND RICHFIELD POLICE FOR BULLETPROOF VESTS This resolution appears as Resolution No. 10569. B. Consideration of approval of Letter of Understanding regarding portable restroom facilities at Community Garden S.R. 210 C. Item 4C moved to Item 5. M/Sandahl, S/Wroge to approve the Consent Calendar as amended. Motion carried 5-0. Item #5 CONSIDERATION OF ITEMS, IF ANY, REMOVED FROM CONSENT 3,., ,, CALENDAR Council Member Wroge presented Staff Report No. 211. Council Member Wroge asked if the public hearing could be on November 14, 2011 to move the process forward faster. Council Member Stark explained there are legal requirements that apply so it could not be „-,.. sooner and the Minnesota Housing and Finance Agency funding decision is not determined until November 16, 2011. Ron Clark, developer, stated an open house with the neighborhood will be held as soon as funding is determined but if no funding is received there will be no application for a project. M/Wroge, S/Sandahl that the following resolution be adopted and that it be made part of these minutes: RESOLUTION NO. 10570 RESOLUTION CALLING FOR A PUBLIC HEARING BY THE CITY COUNCIL ON THE PROPOSED MODIFICATION OF THE REDEVELOPMENT PLAN FOR THE RICHFIELD REDEVELOPMENT PROJECT AREA AND THE PROPOSED ESTABLISHMENT OF THE PILLSBURY COMMONS TAX INCREMENT FINANCING DISTRICT THEREIN AND THE ADOPTION OF THE TAX INCREMENT FINANCING PLAN THEREFORE Motion carried 5-0. This resolution appears as Resolution No. 10570. Item#5 CONSIDERATION OF RESOLUTION DESIGNATING CITY'S CONTRIBUTION TOWARD HEALTH, TERM LIFE AND DENTAL INSURANCE PREMIUMS FOR GENERAL SERVICES AND MANAGEMENT EMPLOYEES (STAFF REPORT NO. 212) Council Member Sandahl presented Staff Report No. 212.