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061113completeagenda CITY OF RICHFIELD, MINNESOTA TUESDAY, JUNE 11, 2013 SPECIAL CITY COUNCIL MEETING BABCOCK ROOM 5:45 P.M. AGENDA Call to order Roll call 1. Interview of person interested in serving on City advisory commission (Council Memo No. 45) Notes: Adjournment SPECIAL CONCURRENT CITY COUNCIL & PLANNING COMMISSION WORKSESSION BARTHOLOMEW ROOM 6:00 P.M. AGENDA Call to order Roll call 1. Discussion regarding development impediments (Council Memo No. 46) 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 the minutes of the (1) Special City Council Worksession of May 28, 2013 and (2) Regular City Council Meeting of May 28, 2013 PRESENTATION 1. Presentation of City of Richfield Key Financial Strategies (Council Memo No. 47) COUNCIL DISCUSSION 2. Council discussion • Hats Off to Hometown Hits Notes: AGENDA APPROVAL 3. Council approval of the 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 the first reading of a transitory ordinance vacating Harriet Avenue street right-of-way between 77th Street West and 78th Street West and schedule the public hearing and second reading for June 25, 2013 S.R. No. 103 B. Consideration of approval of the first reading of an ordinance amending Appendix 1 of the Richfield City Code to change the zoning designation of the following properties from Mixed Use—Regional (MU-R) to Planned Mixed Use (PMU): 401- 77th Street West, 501-77th Street West, 7724 Harriet Avenue, 400-78th Street West, 500-77th Street West, and 520-78th Street West S.R. No. 104 C. Consideration of approval of a resolution declaring adoption by the City of the Ten Performance Measures and Performance Measure System as development by the Council on Local Results and Innovation S.R. No. 105 D. Consideration of approval of a request for a new taxi license for 10/10 Taxi MN, LLC, d/b/a 10/10 Taxi, 4500 Glumack Dr., Suite 1300, St. Paul, MN S.R. No. 106 Notes: 5. Consideration of item(s), if any, removed from Consent Calendar Notes: PUBLIC HEARINGS 6. Public hearing regarding the issuance of new on-sale wine and 3.2 percent malt liquor licenses with outside service for The Noodle Shop, Co.-Colorado, Inc., d/b/a Noodles & Company, 1732 E. 66th Street, Richfield, MN Staff Report No. 107 Notes: 7. Public hearing and consideration of a resolution authorizing the City of Richfield to obtain Minnesota Investment Fund loan from the MN Department of Employment and Economic Development (DEED) in the amount of$550,000 and loan such funds to Pinnacle Airlines Corporation Staff Report No. 108 Notes: RESOLUTION 8. Consideration of a resolution approving a planned unit development, conditional use permit and final development plan to construct a 25,000 square foot grocery store (Lakewinds Natural Foods) in coordination with the adjacent (north) mixed use development (Lyndale Gardens) Staff Report No. 109 Notes: PUBLIC HEARING 9. Public hearing regarding a resolution granting final approval of a plat for 6330, 6400 and 6430 Lyndale Avenue Staff Report No. 110 Notes: OTHER BUSINESS 10.Consideration of the future of Richfield dispatching services Staff Report No. 111 Notes: PUBLIC HEARING AND PROPOSED ORDINANCES 11.Public hearing regarding an ordinance related to municipal elections, amending Sections 4.01 and 4.07 of the Richfield City Charter and approve second reading of each of the following ordinances: • An ordinance relating to municipal elections, amending Sections 4.01 and 4.07 of the Richfield City Charter; • An ordinance relating to city government, modifying and clarifying procedures for initiative referendum and recall; establishing penalties for specified election misconduct; amending Sections 3.09, 5.01, 5.04, 5.05, 5.06, 5.07, 5.08, 5.11, 5.12, 5.14, 5.15, 5.16, 5.17, 5.18, 5.19, and 5.20; repealing Section 5.02; and adding a new Section 5.22 to the Richfield City Charter; • An ordinance relating to city contracts; amending Section 6.05 of the Richfield City Charter; • An ordinance relating to expenditure of public funds for public purposes; amending Section 7.01 of the Richfield City Charter; • An ordinance relating to city contracts; amending Section 8.04 of the Richfield City Charter; clarifying capital improvement projects that require a public hearing; increasing monetary limits Staff Report No. 112 Notes: PROPOSED ORDINANCE 12.Consideration of the second reading of an ordinance related to the private use of boulevards and unopened rights-of-way amending Section 811 of the Richfield City Code and a resolution approving summary publication of an ordinance amendment to Section 811 Staff Report No. 113 Notes: RESOLUTION 13.Consideration of a resolution approving the provisions of the 2013 labor agreement with the International Association of Firefighters Local 1215 bargaining unit and authorize the City Manager to execute the agreement Staff Report No. 114 Notes: OTHER BUSINESS 14.Consideration of an appointment to a City advisory commission Staff Report No. 115 Notes: CITY MANAGER'S REPORT 15.City Manager's Report Notes: 16.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: 17.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. CITY COUNCIL MINUTES Richfield, Minnesota ge-C4lieedSpecial City Council Worksession May 28, 2013 CALL TO ORDER The meeting was called to order by Mayor Goettel at 6:00 p.m. in the Bartholomew Conference Room. ROLL CALL Council Members Debbie Goettel, Mayor; Edwina Garcia; Sue Sandahl; and Tom Fitzhenry. Member Absent: Pat Elliott. Staff Present: Steven L. Devich, City Manager; Wayne Kewitsch, Fire Services Director/Fire Chief; Todd Sandell, Public Safety Director/Police Chief, Mike Dobesh, Assistant Fire Chief; Jay Henthorne, Deputy Police Chief; and Cheryl Krumholz, Executive Coordinator. Others Present: Major Darrell Huggett, Hennepin County; and Captain Jim Bear, Hennepin County. Item # I DISCUSSION OF FUTURE DISPATCH CONSIDERATIONS City Manager Devich explained why the City is considering a transition to the Hennepin County communication center for dispatching. Discussion included the technological and infrastructure upgrades needing to be completed by 2016 in the Richfield dispatch center, associated funding, operational protocols, timeline and staffing. Major Huggett and Captain Bear discussed Hennepin County's new state-of-the-art communication center, dispatching capabilities, transition process and how they will accommodate Richfield. City Manager Devich stated the decision on Richfield's dispatching center will be on the June 11, 2013 City Council agenda. ADJOURNMENT The meeting was adjourned by unanimous consent at 6:53 p.m. Special Worksession Minutes -2- May 28, 2013 Date Approved: June 11, 2013 Debbie Goettel Mayor Cheryl Krumholz Steven L. Devich Executive Coordinator City Manager CITY COUNCIL MEETING MINUTES Richfield, Minnesota '6�i .eed Regular Meeting � 9 g May 28, 2013 CALL TO ORDER The meeting was called to order by Mayor Goettel at 7:02 p.m. ROLL CALL Members Present: Debbie Goettel, Mayor; Sue Sandahl; Tom Fitzhenry; and Edwina Garcia. Member Absent: Pat Elliott. Staff Present: Steven L. Devich, City Manager; John Stark, Community Development Director; Mike Eastling, Public Works Director; Todd Sandell, Public Safety Director; Wayne Kewitsch, Fire Services Director; Mike Dobesh, Assistant Fire Chief; Chris Regis, Finance Manager; Pam Dmytrenko, Assistant City Manager/HR Manager; Mary Tietjen, City Attorney; and Cheryl Krumholz, Executive Coordinator. M/Sandahl, S/Fitzhenry to excuse the absence of Council Member Elliott from the May 28, 2013 Special City Council Worksession and May 28, 2013 Regular City Council Meeting. Motion carried 4-0. OPEN FORUM Patty Knights, 1016 West 66th Street, Richfield Dispatcher, spoke in support of continuing the Richfield dispatch operations center. PLEDGE OF ALLEGIANCE Mayor Goettel led the audience in the Pledge of Allegiance. APPROVAL OF MINUTES M/Fitzhenry, S/Sandahl to approve the minutes of(1) Special City Council Meeting of May 14, 2013; (2) Special City Council Worksession of May 14, 2013; and (3) Regular City Council Meeting of May 14, 2013. Motion carried 4-0. Council Meeting Minutes -2- May 28,2013 Item #1 PRESENTATION AND RECEIPT OF THE CITY OF RICHFIELD COMPREHENSIVE ANNUAL FINANCIAL REPORT FOR THE FISCAL YEAR ENDED DECEMBER 31, 2012 S.R. NO. 93 Adrienne Mutzenberger, representative of the City's audit firm MMKR, made a presentation on the 2012 Audit and 2012 Comprehensive Annual Financial Report. M/Goettel, S/Fitzhenry to approve receipt of the City of Richfield Comprehensive Annual Financial Report for fiscal year ended December 31, 2012. Motion carried 4-0. Item #2 PRESENTATION OF THE GOVERNMENT FINANCE OFFICERS ASSOCIATION DISTINGUISHED BUDGET PRESENTATION AWARD TO FINANCE MANAGER CHRIS REGIS Mayor Goettel presented the budget award. Item #3 COUNCIL DISCUSSION • HATS OFF TO HOMETOWN HITS The City Council acknowledged the success of the Memorial Day event at The Honoring All Veterans Memorial. Council Member Garcia announced the grand opening of the renovated Municipal Liquor Store at 6400 Lyndale Avenue on May 31, 2013 at 3 p.m. Council Member Fitzhenry provided a Noise Oversight Committee update. Council Member Garcia announced that Congressman Keith Ellison is conducting a public forum on May 30, 2013 at the Gramercy Park Co-op. City Manager Devich displayed The Honoring All Veterans Memorial Challenge Coin. Item #4 COUNCIL APPROVAL OF AGENDA Mayor Goettel stated that Agenda Item No. 8 should be removed from the agenda. M/Fitzhenry, S/Sandahl to approve the agenda, as amended. Motion carried 4-0. Item #5 CONSENT CALENDAR A. Consideration of approval of continuing the public hearing to consider plat approval for 6330, 6400 and 6430 Lyndale Avenue (the former Lyndale Gardens Center and adjacent commercial property to the north) to June 11, 2013 S.R. No. 94 B. Consideration of approval of a resolution modifying a Health Care Savings Plan for eligible Management employees S.R. No. 95 Council Meeting Minutes -3- May 28,2013 RESOLUTION NO. 10793 RESOLUTION AMENDING THE POST EMPLOYMENT HEALTH CARE SAVINGS PLAN FOR MANAGEMENT EMPLOYEES This resolution appears as Resolution No. 10793. C. Consideration of approval of a resolution modifying a Health Care Savings Plan for eligible International Union of Operating Engineers (IUOE), Local 49 bargaining unit employees S.R. No. 96 RESOLUTION NO. 10794 RESOLUTION AMENDING THE POST EMPLOYMENT HEALTH CARE SAVINGS PLAN FOR INTERNATIONAL UNION OF OPERATING ENGINEERS, LOCAL 49 EMPLOYEES This resolution appears as Resolution No. 10794. D. Consideration of approval of a resolution authorizing a corrected certification of unpaid water, sanitary sewer and storm sewer water service charges to the County Auditor S.R. No. 97 RESOLUTION NO. 10795 RESOLUTION AUTHORIZING A CORRECTED CERTIFICATION OF UNPAID WATER, SANITARY SEWER AND STORM WATER SERVICE CHARGES TO THE COUNTY AUDITOR TO BE COLLECTED WITH TAXES This resolution appears as Resolution No. 10795. E. Consideration of approval of a resolution authorizing a new four year contract to provide two police officers as Juvenile Investigators/School Liaison Officers to School District#280 at Richfield High School and Richfield Intermediate School, along with other schools in the district as necessary S.R. No. 98 RESOLUTION NO. 10796 RESOLUTION AUTHORIZING AN AGREEMENT BETWEEN THE CITY OF RICHFIELD/PUBLIC SAFETY DEPARTMENT AND RICHFIELD SCHOOL DISTRICT#280 TO APPROVE SCHOOL DISTRICT FUNDS TO PROVIDE TWO RICHFIELD POLICE OFFICERS AS SCHOOL LIAISON OFFICERS AT THE RICHFIELD SENIOR HIGH SCHOOL AND THE RICHFIELD INTERMEDIATE SCHOOL, AND OTHER SCHOOLS IN THE DISTRICT AS NECESSARY This resolution appears as Resolution No. 10796. F. Consideration of approval of scheduling a public hearing for June 11, 2013, for the consideration of a new on-sale wine and 3.2 percent malt liquor licenses for The Noodle Shop, Co. — Colorado, Inc., d/b/a Noodles & Company, 1732 East 66th Street, Richfield, MN S.R. No. 99 M/Goettel, S/Garcia to approve the Consent Calendar. Motion carried 4-0. Item #6 CONSIDERATION OF ITEMS, IF ANY, REMOVED FROM THE CONSENT CALENDAR None. Council Meeting Minutes -4- May 28,2013 Item #7 PUBLIC HEARING REGARDING PROPOSED ORDINANCES TO AMEND CERTAIN SECTIONS OF THE RICHFIELD CITY CHARTER: • AN ORDINANCE RELATING TO CITY GOVERNMENT, MODIFYING AND CLARIFYING PROCEDURES FOR INITIATIVE REFERENDUM AND RECALL; ESTABLISHING PENALTIES FOR SPECIFIED ELECTION MISCONDUCT; AMENDING SECTIONS 3.09, 5.01, 5.04, 5.05, 5.06, 5.07, 5.08, 5.11, 5.12, 5.14, 5.15, 5.16, 5.17, 5.18, 5.19, AND 5.20; REPEALING SECTION 5.02; AND ADDING A NEW SECTION 5.22 TO THE RICHFIELD CITY CHARTER; • AN ORDINANCE RELATING TO CITY CONTRACTS; AMENDING SECTION 6.05 OF THE RICHFIELD CITY CHARTER; • AN ORDINANCE RELATING TO EXPENDITURE OF PUBLIC FUNDS FOR PUBLIC PURPOSES; AMENDING SECTION 7.01 OF THE RICHFIELD CITY CHARTER; • AN ORDINANCE RELATING TO CITY CONTRACTS; AMENDING SECTION 8.04 OF THE RICHFIELD CITY CHARTER; CLARIFYING CAPITAL IMPROVEMENT PROJECTS THAT REQUIRE A PUBLIC HEARING; INCREASING MONETARY LIMITS S.R. NO. 100 Council Member Sandahl presented Staff Report No. 100. M/Garcia, S/Fitzhenry to close the public hearing. Motion carried 4-0. Item #8 CONSIDERATION OF A SECOND READING OF AN ORDINANCE RELATED TO THE PRIVATE USE OF BOULEVARDS AND UNOPENED RIGHTS-OF-WAY AMENDING SECTION 811 OF THE RICHFIELD CITY CODE AND RESOLUTION AUTHORIZING SUMMARY PUBLICATION OF ORDINANCE S.R. NO. 101 This item was removed from the agenda. Item #9 CONSIDERATION OF APPROVAL OF THE BID MINUTESITABULATION AND AWARD OF A CONTRACT FOR THE RENOVATION AND DESIGN OPTIONS OF FIRE STATION #2 S.R. NO. 102 Mayor Goettel presented Staff Report No. 102. Fire Services Director Kewitsch explained the alternate bids. He stated staff is requesting Council direction on the increased costs related to Alternate 5 which would include the metal façade and add the "Penn Central" neighborhood identification to the front of the fire station. If the new façade is not included, there would not be an opportunity to add the neighborhood identification because the apparatus bay entrance would not be modified. M/Goettel, S/Sandahl to accept the bid minutes/tabulation and award of contract for renovation of Fire Station #2 to Derinq Pierson Group, LLC in the sum of$657,000.00 and add alternates 1, 2, 3, 4, 5 and 7 in the amount of$145,560.00. City Manager Devich explained the bid was not under the estimate but funding could be provided. Motion carried 4-0. Council Meeting Minutes -5- May 28,2013 Item #10 CITY MANAGER'S REPORT City Manager Devich announced the grand opening of the newly renovated Municipal Liquor Store at 6400 Lyndale Avenue on Friday evening, May 31, and Saturday, June 1, 2013. Item #11 CLAIMS AND PAYROLLS M/Fitzhenry, S/Sandahl that the following claims and payrolls be approved: U.S. Bank 05/28/13 A/P Checks: 221934-222295 $ 1,286,058.42 Payroll: 92655— 92982 $ 583,662.19 TOTAL $ 1,869,720.61 Motion carried 4-0. OPEN FORUM Bernard Hurley, 6414-17th Avenue, thanked the Richfield dispatchers and encouraged the City Council to continue the Richfield dispatching center. Item #12 SPECIAL CITY COUNCIL CLOSED EXECUTIVE SESSION IN BABCOCK CONFERENCE ROOM TO CONSIDER AN OFFER TO PURCHASE REAL PROPERTY LOCATED AT 6414 - 17TH AVENUE AND TO HAVE AN ATTORNEY- CLIENT DISCUSSION RELATED TO INITIATION OF LITIGATION TO ACQUIRE REMAINING PROPERTIES INCLUDED IN THE RICHFIELD PARKWAY IMPROVEMENT PROJECT THAT HAVE NOT YET CLOSED, INCLUDING THE FOLLOWING: 6314 - 17TH AVENUE; 6320 - 17TH AVENUE; 6408 - 17TH AVENUE; 6426 - 17TH AVENUE; AND, 6344 - 17TH AVENUE City Attorney explained attorney-client discussion was needed at the Closed Executive Session. She added the City Council will return to the open meeting when the Closed Session adjourns. The City Council adjourned to the Closed Executive Session in the Babcock Conference Room at 8:06 p.m. The City Council Closed Executive Session was called to order by Mayor Goettel in the Babcock Conference Room at 8:07 p.m. Members Present: Debbie Goettel, Mayor; Sue Sandahl; Tom Fitzhenry; and Edwina Garcia. Member Absent: Pat Elliott. Staff Present: Steven L. Devich, City Manager; John Stark, Community Development Director; Mike Eastling, Public Works Director; Jeff Pearson, Transportation Engineer; Bob Lindahl, Kennedy & Graven; Mary Tietjen, City Attorney; and Cheryl Krumholz, Executive Coordinator. Others Present: Mark Storm, Evergreen Land Services Company, acquisition consultant. Council Meeting Minutes -6- May 28,2013 The Closed Executive Session was convened pursuant to M.S. 13D.05 The Closed Executive Session was adjourned by unanimous consent in the Babcock Conference Room at 8:54 p.m. Item #13 RECONVENE REGULAR CITY COUNCIL MEETING IN COUNCIL CHAMBERS The meeting was called to order by Mayor Goettel in the Council Chambers at 8:57 p.m. Council Member Sandahl stated the City Council has considered the offer to purchase the property located at 6414-17th Avenue. M/Fitzhenry, S/Goettel that the following resolution be adopted and that it be made part of these minutes: RESOLUTION NO. 10797 RESOLUTION APPROVING PURCHASE AGREEMENT FOR THE RICHFIELD PARKWAY IMPROVEMENT PROJECT Motion carried 4-0. This resolution appears as Resolution No. 10797. Council Member Sandahl stated the City Council considered the acquisition of the remaining properties included in the Richfield Parkway Improvement Project that have not yet closed: Parcel 1, 6314— 17th Avenue; Parcel 2, 6320— 17th Avenue; Parcel 7, 6408— 17th Avenue; and Parcel 9, 6426— 17th Avenue. M/Sandahl, S/Garcia that the following resolution be adopted and that it be made part of these minutes: RESOLUTION NO. 10798 RESOLUTION AUTHORIZING AND DIRECTING THE CONDEMNATION OF CERTAIN REAL ESTATE FOR A PUBLIC PURPOSE Motion carried 4-0. This resolution appears as Resolution No. 10798. Community Development Director Stark explained the homeowners of the properties included in this resolution have accepted the purchase agreements and condemnation is to remove encumbrances from the mortgage holders. This is a friendly, not adversarial, situation with the homeowners. ADJOURNMENT The City Council meeting was adjourned by unanimous consent at 9:00 p.m. Date Approved: June 11, 2013 Debbie Goettel Mayor Cheryl Krumholz Steven L. Devich Executive Coordinator City Manager CITY OF RICHFIELD, MINNESOTA Office of City Manager June 6, 2013 Council Memorandum No. 45 The Honorable Mayor and Members of the City Council City of Richfield Subject: Advisory Commission Interview (Agenda Item No. 1) Council Members: In January 2013, the City Council made several appointments to the various City advisory commissions. However, some vacancies remained. Applications continue to be accepted. The attached application was received and the Mayor requested an interview be scheduled. The City Council is scheduled to interview the applicant on Tuesday, June 11, 2013 at 5:45 p.m. in the Babcock Room. Approval of appointment is scheduled for the June 11, 2013 Regular City Council meeting. e • • act me if you have any questions. •ectf y submitte., iz . Devi Cit Manager SLD:cak Attachments E-mail: Department Directors w/partial attachments Assistant City Manager w/partial attachments 8:59 AM 06/03/13 COMMISSION VACANCIES Term Expires ADVISORY BOARD OF HEALTH January 31, 2015 ARTS COMMISSION January 31, 2014 January 31, 2014 January 31, 2015 January 31, 2015 January 31, 2016 January 31, 2016 January 31, 2016 FRIENDSHIP CITY COMMISSION January 31, 2014 January 31, 2014 January 31, 2015 January 31, 2015 January 31, 2015 January 31, 2016 Vacancies2011 CITY OF RICHFIELD, MINNESOTA Office of City Manager June 6, 2013 Council Memorandum No. 46 PC Memorandum No. 8 Planning Commission The Honorable Mayor City of Richfield and Members of the City Council Subject: Discussion of Development Impediments Council Members and Commissioners: In staffs continuing efforts to promote and facilitate development, several recurring problem areas have been identified; specifically: parking requirements, fire suppression costs and dedication of right-of-way for new developments. A concurrent worksession of the City Council and Planning Commission will be held on Tuesday, June 11 in order for policymakers to get a better understanding of the issues regarding these development impediments and to provide policy-level direction. A summary of each of the issues is as follows: Parking It is almost always difficult for large-scale redevelopment projects to provide the parking that is dictated by our code and expected by our residents. It is even harder for small businesses that are proposing new uses in existing buildings. A conflict arises between wanting to encourage small businesses and the reuse of existing buildings, and code requirements. This issue is further complicated by desires to protect single-family neighborhoods from potential spill-over parking. Fire Suppression In the past, the City has elected to adopt the optional Minnesota Rules Chapter 1306. This code requires fire suppression systems on a greater number of buildings than would otherwise be required to have such systems by the State's Building and Fire Codes. Fire Department staff strongly support the continued adoption of Chapter 1306 as a means of increasing safety for building occupants and firefighters. Typically these fire suppression systems require access to the water main. In some cases (most notably on Penn Avenue) the water main is located on one side of the street, resulting in properties on the other side of the street needing to go to great expense in accessing the water main. It is estimated that the cost of accessing the water main from the west side of Penn Avenue is $40,000 more than accessing it from the east side. Right-of-Way dedication City staff is responsible for review of the right-of-way dedication process. When a developer develops a property for the first time, the City acquires the necessary roadway/streetscape right-of-way and easements during the development process. In many cases this development occurred 50, 60 or more years ago. When a developer proposes a redevelopment, the City may need to add to the right-of-way in order to provide necessary utilities or implement current corridor plans (for streetscape elements, such as sidewalks, green space, lighting, bikeways, travel lanes). Although the City is within their rights to make these requirements, developers often feel that these dedications impede their ability to redevelop the property. Riectf Ily submi •, I (04 - n . De City Manager SLD:cak Email: Department Directors Assistant City Manager CITY OF RICHFIELD, MINNESOTA Office of City Manager June 6, 2013 Council Memorandum No. 47 The Honorable Mayor and Members of the City Council Subject: Key Financial Strategies Council Members: City Council Members will find attached to this memo, the 2013 Key Financial Strategies (KFS) forecast. As in prior years the KFS is comprised of two reports; the Financial Management Plan and the Capital Financing Plan. The Financial Management Plan presents a projection of the City's General Fund and the overall tax levy that will help support General Fund operations and capital financing tax levies. The Capital Financing Plan reflects the existing debt service tax levy requirements and projected additional tax levy requirements based on current Capital Improvement Budget and Capital Improvement Plan (CIB/CIP) forecasts. Chris Regis, Finance Manager for the City, will present the KFS forecast to the City Council at the June 11, 2013 City Council meeting. If you have questions regarding the KFS reports, please contact Chris Regis or myself. �ppill , y submitt- r. r , O V/do e Ci Manager SLD:cak Email: Department Directors Assistant City Manager Finance Manager City of Richfield FINANCIAL MANAGEMENT PLAN Inflation Assumptions Revenue 0.00% 3.00% 3.00% 3.00% 3.00% 3.00% 3.00% 3.00% 3.00% Expenditures 0.00% 3.00% 3.00% 3.00% 3.00% 3.00% 3.00% 3.00% 3.00% GENERAL FUND 2011 2012 2013 2013 2014 2015 2016 2017 2018 2019 2020 2021 Actual Actual Adopted Revised REVENUE 1 GENERAL PROPERTY TAX 11,118,157 11,407,056 11,222,193 11,222,193 11,886,063 12,564,468 13,058,639 13,568,344 14,094,419 14,637,363 15,197,695 15,775,947 2 FISCAL DISPARITIES 2,323,877 2,786,026 3,199,167 3,199,167 3,231,159 3,263,470 3,296,105 3,329,066 3,362,357 3,395,980 3,429,940 3,464,239 3 LICENSES&PERMITS 810,617 928,747 726,100 726,100 747,883 770,319 793,429 817,232 841,749 867,001 893,011 919,802 4 LOCAL GOVERNMENT AID 665,690 424,432 400,000 400,000 200,000 - _ _ - - - 5 OTHER INTERGOVERNMENTAL 1,271,985 1,267,199 1,058,910 1,058,910 1,087,206 1,119,822 1,153,417 1,188,020 1,223,660 1,260,370 1,298,181 1,337,126 6 CHARGES FOR SERVICES 1,588,389 1,799,387 1,539,030 1,539,030 1,585,201 1,632,757 1,681,740 1,732,192 1,784,158 1,837,682 1,892,813 1,949,597 7 FINES&FORFEITS 304,871 313,512 308,500 308,500 340,000 340,000 340,000 340,000 340,000 340,000 340,000 340,000 8 MISC.REVENUE 113,873 92,997 107,780 107,780 95,000 97,850 100,428 103,440 106,544 109,740 113,032 116,423 9 OTHER FINANCING SOURCES 1,105,172 858,170 2,042,700 2,042,700 2,050,000 2,070,500 2,091,205 2,112,117 2,133,238 2,154,571 2,176,116 2,197,877 10 TOTAL REVENUE 19,302,631 19,877,526 20,604,380 20,604,380 21,222,511 21,859,187 22,514,963 23,190,411 23,886,124 24,602,707 25,340,788 26,101,012 11 12 EXPENDITURES 13 LEGISLATIVE/EXECUTIVE 672,440 712,643 738,050 738,050 760,192 782,997 806,487 830,682 855,602 881,270 907,708 934,940 14 ADMINISTRATIVE 994,468 1,025,159 1,168,270 1,168,270 1,203,318 1,239,418 1,276,600 1,314,898 1,354,345 1,394,975 1,436,825 1,479,929 15 PUBLIC SAFETY 7,643,659 7,640,862 8,122,830 8,122,830 8,366,515 8,617,510 8,876,036 9,142,317 9,416,586 9,699,084 9,990,056 10,289,758 16 FIRE 3,289,886 3,283,640 3,568,360 3,568,360 3,675,411 3,785,673 3,899,243 4,016,221 4,136,707 4,260,808 4,388,633 4,520,292 17 COMMUNITY DEVELOPMENT 1,092,855 1,096,509 1,194,600 1,194,600 1,230,438 1,267,351 1,305,372 1,344,533 1,384,869 1,426,415 1,469,207 1,513,284 18 PUBLIC WORKS 3,931,706 4,107,601 4,175,300 4,175,300 4,300,559 4,429,576 4,562,463 4,699,337 4,840,317 4,985,527 5,135,092 5,289,145 19 RECREATION SERVICES 1,553,457 1,556,582 1,636,970 1,636,970 1,686,079 1,736,661 1,788,761 1,842,424 1,897,697 1,954,628 2,013,267 2,073,665 20 TRANSFER OUT - 100,000 - - - - - - - - - - 21 TOTAL EXPENDITURES 19,178,471 19,522,996 20,604,380 20,604,380 21,222,511 21,859,187 22,514,962 23,190,411 23,886,124 24,602,707 25,340,788 26,101,012 22 23 REVENUE OVER(UNDER)EXPENDITURES 124,160 354,530 - - 0 0 0 (0) 0 (0) (0) 0 L4 25 GENERAL FUND OPERATING TAX LEVY(Net of Unc) 13,867,490 14,421,362 14,421,362 15,117,221 15,827,938 16,354,744 16,897,410 17,456,775 18,033,343 18,627,635 19,240,186 26 Add Back Uncollectible 283,010 294,313 294,313 302,344 316,559 327,095 253,461 261,852 180,333 186,276 192,402 27 TOTAL OPERATING LEVY 14,150,500 14,715,675 14,715,675 15,419,566 16,144,497 16,681,839 17,150,871 17,718,627 18,213,676 18,813,911 19,432,588 28 29 DEBT/SPECIAL LEVY(From Capital Financing Plan) 2,830,200 3,029,276 3,029,276 3,484,701 3,465,790 3,703,846 3,915,244 4,867,806 4,812,047 4,817,679 4,806,001 su 31 TOTAL CERTIFIED LEVY 16,980,700 17,744,951 17,744,951 18,904,267 19,610,287 20,385,685 21,066,116 22,586,433 23,025,724 23,631,590 24,238,590 32%Increase 4.50% 0.00% 6.53% 3.73% 3.95% 3.34% 7.22% 1.94% 2.63% 2.57% 33 34 TOTAL CERTIFIED LEVY 16,980,700 17,744,951 17,744,951 18,904,267 19,610,287 20,385,685 21,066,116 22,586,433 23,025,724 23,631,590 24,238,590 35 LESS FISCAL DISPARITIES (3222.812' (3.199.167) ,3.199.167; (3.231.159' (3.263.470) (3296.105) (3.329.066) (3.362.357) (3.395.9801 (3429.94)0) :'3.464.239) 36 NET LOCAL LEVY TO TAXPAYERS 13,757,888 14,545,784 14,545,784 15,673,108 16,346,816 17,089,580 17,737,050 19,224,077 19,629,744 20,201,650 20,774,350 37 38 EXISTING TAX CAPACITY 22,626,954 22,706,757 22,706,757 22,366,156 22,030,663 21,810,357 21,701,305 21,701,305 21,755,558 21,864,336 22,082,979 39 ILN TIF District Captured Tax Capacity 1,133,368 - - - - - - - - - - 40 Deduct ILN TIF Captured Tax Capacity (1,133,368) - - - - - - - - - - 41 TOTAL TAX CAPACITY 22,626,954 22,706,757 22,706,757 22,366,156 22,030,663 21,810,357 21,701,305 21,701,305 21,755,558 21,864,336 22,082,979 42 43 TAX RATE ON TAX CAPACITY 60.803% 64.059% 64.059% 70.075% 74.200% 78.355% 81.733% 88.585% 90.229% 92.395% 94.074% 44 TAX RATE%CHANGE 5.36% 0.00% 9.39% 5.89% 5.60% 4.31% 8.38% 1.86% 2.40% 1.82% 40 46 City Taxes 1,028 1,051 1,051 1,133 1,181 1,235 1,282 1,389 1,419 1,460 1,501 47 Percentage tax increase in average home 2.30% 0.00% 7.75% 4.30% 4.54% 3.79% 8.38% 2.11% 2.91% 2.83% 48 City of Richfield Capital Financing Plan 2013 2014 2015 2016 2017 2018 2019 2020 2021 1 Existing and Projected Tax Levy Requirements 2 City Maintenance Facility 2007A Bonds 312,900 374,900 371,300 372,600 373,500 374,000 374,000 373,600 372,700 3 66th Street&Richfield Parkway Intersection 2007B 197,500 260,200 262,900 259,900 261,900 263,500 264,600 265,300 265,500 4 Richfield Municipal Center 5 2008A Bonds 713,900 800,700 800,900 804,700 797,100 799,200 805,100 804,200 807,200 6 2009A Bonds 318,083 371,889 374,829 377,349 374,199 381,339 382,253 387,980 387,290 7 General Obligation Bonds,2010A-Alley Paving/Equipment 334,218 35,145 17,515 16,885 16,255 15,625 14,943 14,260 - 8 G.O.Street Reconstruction Bonds 2012A-76th St E 143,036 142,601 140,711 144,071 142,076 140,081 143,336 141,236 139,136 9 G.O. Improvement Bonds 2013A-North Richfield Parkway 156,881 161,603 161,052 160,280 159,288 163,380 161,936 160,204 10 Cedar Point Tax Abatement Levy 309,639 299,222 303,616 308,074 312,600 317,194 321,856 326,588 331,392 11 Rolling Stock, Equipment,and IT Levy 700,000 700,000 700,000 700,000 700,000 700,000 700,000 700,000 700,000 12 Portland Avenue Reconstruction($.7M over 20 years at 3.5%) 49,253 49,253 49,253 49,253 49,253 49,253 49,253 13 66th Street East Reconstruction($2.55M over 20 years at 3.5%) 179,421 179,421 179,421 179,421 179,421 179,421 14 76th Street West Reconstruction($1.5M over 20 years at 3.5%) 105,542 105,542 105,542 105,542 105,542 105,542 15 Nicollet Avenue Reconstruction($3.1M over 20 years at 3.5%) 218,119 218,119 218,119 218,119 218,119 16 Penn Avenue Reconsturction(3.775M over 20 years at 3.5%) 265,613 265,613 265,613 265,613 17 70 1/2 Street West Reconstruction(1.17M over 20 years at 3.5%) 82,322 82,322 82,322 82,322 18 Humboldt/Lakeshore Drive Recon($3M over 20 years at 3.5%) 211,083 211,083 211,083 211,083 19 65th Street Reconstruction($4.86M over 20 years at 3.5%) 341,955 341,955 341,955 341,955 20 Lyndale Avenue Reconstruction($2.69M over 20 years at 3.5%) 189,271 189,271 189,271 189,271 21 Public Safety Records Upgrade 75,000 75,000 75,000 75,000 75,000 22 911 Upgrade 208,163 208,163 23 Fire Department Defbrillators 60,000 24 Fire Department SCBA Replacement - - - 150,000 150,000 - - - 25 Total Debt/Special Levy 3,029,276 3,484,701 3,465,790 3,703,846 3,915,244 4,867,806 4,812,047 4,817,679 4,806,001 AGENDA SECTION: CONSENT AGENDA ITEM# 4A REPORT# 103 NO41 STAFF REPORT RICHFIELD CITY COUNCIL MEETING wir JUNE 11, 2013 REPORT PREPARED BY: MELISSA POEHLMAN, CITY PLANNER .1\1,, E, TITLE DEPARTMENT DIRECTOR REVIEW: El ' SIGNATUR.'' OTHER DEPARTMENT REVIEW: El lowassomease. a✓ AO Id- REVIEWED BY CITY MANAGER: r/, ® Al/.A .. / ■ ITEM FOR COUNCIL CONSIDERATION: Conduct a first reading of a Transitory Ordinance vacating Harriet Avenue street right-of-way between 77th Street West and 78th Street West and schedule a public hearing and second reading for June 25, 2013. I. RECOMMENDED ACTION: By Motion: • Conduct a first reading of a Transitory Ordinance vacating Harriet Avenue street right-of-way between 77th Street West and 78th Street West; and • Call for a public hearing and second reading to be held June 25, 2013. II. EXECUTIVE SUMMARY In anticipation of the redevelopment of land on either side of Harriet Avenue south of 77th Street for a new Honda-Mitsubishi campus, the property owner has requested the vacation of Harriet Avenue. The street is proposed to become a private boulevard which will be maintained by the property owner, rather than the City. No other properties have access off of Harriet Avenue or the adjacent MnDOT frontage road (78th Street). 061113 - 1st Reading Vacate Harriet Ave III. BASIS OF RECOMMENDATION A. BACKGROUND • In the past, Harriet Avenue and 78th Street provided access to a number of businesses. The reconstruction of the Lyndale Avenue bridge removed hotel access to 78th Street and Honda has now purchased all other properties with access onto either street. There is no longer a public need for this right-of-way. • There are utilities within the right-of-way and both utility and ingress/egress shall be reserved over the area. B. POLICY • The Council may by ordinance vacate a street, alley, public grounds or a part thereof, on its own motion or upon the petition of the owners of half of the land abutting the street, alley, public grounds or part thereof to be vacated. • The owner of all adjacent land has submitted a petition requesting the vacation of this right-of-way. • No vacation may be made unless it appears in the interest of the public to do so. • Easements for identified utilities and ingress/egress will be maintained. • Once vacated and designated as a private drive, the City will no longer be responsible for maintenance or the plowing of snow. C. CRITICAL TIMING ISSUES • 60-DAY RULE: The 60-day clock shall `start' once a complete application (including the legal description of the area to be vacated) has been submitted. D. FINANCIAL • The required application processing fee has been paid. E. LEGAL • Notice of the public hearing shall be published in the Sun Current newspaper as required. F. ENVIRONMENTAL CONSIDERATIONS • N/A IV. ALTERNATIVE RECOMMENDATION(S) • Deny the first reading with a finding that the vacation would not be in the public interest. V. ATTACHMENTS • Draft Transitory Ordinance • Map of vacation area • Contextual map VI. PRINCIPAL PARTIES EXPECTED AT MEETING • Applicant Representative(s) DRAFT BILL NO. TRANSITORY ORDINANCE NO. AN ORDINANCE VACATING PUBLIC RIGHT-OF-WAY EASEMENTS (HARRIET AVENUE BETWEEN 77TH AND 78TH STREETS) THE CITY OF RICHFIELD DOES ORDAIN: Section 1: The following described lands are subject to the easements as described below for public street right-of-way purposes ("Street Easement"): That part of Harriet Avenue South lying northerly of the north right of way line of Interstate Highway No. 494 as per condemnation document 3417875 and southerly of a line 31.20 feet south of and parallel with the north line of Southwest Quarter of Section 34, Township 28, Range 24, Hennepin County, Minnesota Sec. 2: The Street Easement is not required for access to the abutting properties. Sec. 3: The following public facilities are located in the Street Easement: Sec. 4: The City has notified the service providers for gas, electric, telephone, and cable communications services of the proposed vacation, and the following facilities are reported to be located in the Street Easement: gas and electric (No response from CenturyLink as of 5/31). Sec. 5: The Council finds that there is not a public need for the Street Easement. Sec. 6. The City of Richfield held the first reading on June 11, 2013 and second reading on June 25, 2013. Legal notice was published in the City's official newspaper as required by ordinance. Sec. 7: The Street Easement is vacated reserving, however, to the public an easement for , gas, electric and ingress/egress for utility maintenance and public safety services. Sec. 8: The vacation of the Street Easement is effective 30 days following publication of the ordinance. Sec. 9: The City Clerk is directed to prepare a certificate of completion of vacation proceedings and to record the vacation in the office of the Hennepin County Registrar of Titles or Hennepin County Recorder, as appropriate. Passed by the City Council of the City of Richfield, Minnesota this , 2013. Debbie Goettel, Mayor ATTEST: Nancy Gibbs, City Clerk scar PPM u t5 North Una of the SW Quarter of wycaax_ -o---serer sauna LAM aLLwpL DESCRIPTION OF PROPERTY ,n fu" -the SW Ouorler o the SW Quorte, wn;mu -North Line of the SE Quorler of " / /°wre /thaw !- the SW Quarter or the SW Quarter f° pared 1: •I ° W ( ------- till I That port of the Eml 150 feet of the Weet Half 1 the Eosl holf f the Southwest m & ca r Get earn W. -— AP. Quarter of the Southwest Quarter of the Southwest Quarter of Section 34,Township 26, 5 �- �- I - — _[xsr eawo LOPS -- _ ---_ Rang 4,h1n9 of the North 30 feet thereof end lying Northerly of Slate Highway, 2 South q --� i / —1- -r E I - -70.OD I-1 —r �T �` C demnatlon o• �- —� I according to the United State Government Survey thereof and situate M Hennepin County, C4 NEe L EXCEPTION-- WE°u I T EXCEPTION \ nm4 1 I /'per D« g59e67 WE1ST I uhne,ota. I 30.00 _ _ 30 $ 77TH ------- — �w r —_SEE NOTE I STR TJ0.o0� , I ( .°� red z: a 2 44 r u 32 feet of the East Quarter of the Southwest Quarter of 6 5, r_.- ■ �y y.y .�a e South l of o u Southwest Quarter of Section 34,Tawn h 26,Range 24, b `� a;:'"t,''.: �tr�:■b ,7.. �' SIN 's��:.._i$fl�53 z�=�Mil� '1"'I.'" r Hennepin Caanty,innesota.° '" q a °s a �• ,. . :.:•..� _ = sot _ .. . Parrs!11 .,r • . . ��[� 4 -,„ _ v �..l..R.•..y-F .a,..n•�e. ._e.� --- ■pag��>✓� - sae.;y':;v...,:..��t.g� r That pa f the East Quarter of the Southwest Ouorlw of the SouUw••t Quarter of/h• r _a - -ILo err -r--•— Eaeemml-o�` — •,51 _--- +l� \ ® Mothport Quarter t Sedition 34, a Soul 2B, Ran a 24,Henn In County, ter of the., I -.•. - 1ww / Fze, 1 (Doci578721r{��er x (76.001 n ( I ling South of the North 324 feet thereof parW lying Range of the Hennepin right 1 Quay 1 I 7' a'ro I w.� line of Highway No. 494 • oquksd der Find Certificate filed oe Document Number �� n g 1 I 16\ tan xM • ( wet: ( 3417875,except the Eaet 30 feet thereof. -_ 145.0° \•pr.seehe ( I P cal 4• `ens-'\ = I Propocea Suth Right of Way Lk;—r/-' ,I I PARCEL FIVE I 1 I 0 i t I Th:uaru zoo real ar u•Eo•t Qwarter al tin.s«uw.•t aorl.r ar u.saauwe•1 owe \ •_of 7th Stria oe per Official..\ k I Quarter of the Southwest Quorler o1 Section 34,Tormehlp 20,Ronge 24,Hennepin County, Mop of 7711(Doe16332357) --- I ( to$ I lb MMneeoto, except the North 30 feet and the Foot 30 feet thereof, Hennepin County. Y7 , +' N82'63I2•E ( tub MMnseoto. :.I ~ '_ ! I J 1 I parcel 5: 3Q,,; leg, 134.26 T- W The South 45 feet of the North 75 feel of the North 230 feet of the West Quarter of the I 1." 1 895'•'' elan 1 =b j I I Southeast Quarter of the Seathweet Quarter of the South.< Quarter of Section 34, m ens I 1 / I Township 28,Range 24,Hennepin County.Minnesota \ /cave 1E_ 30.nn ,) I 1 1 5° / I P rcd A St 1, ------�„�•� i \\ bey '' !/ I ,� That port of the East 65 feet of the West one-fourth of the Southeast Quarter of the Z et ! o //„ SJ (t kk I Southwest Quarter of the Southwest Querter of Section 34,Township 28,Range 24,II4nq 0 9° ��-�-(, \� 11:"...1 South of the North 314.23 feet thereaA«tl ling Northerly of a Ilse running ham o pain I � ` \ 3 n0.00 8 In the East Mu of the West one-fourth of•W Southeast Quarter of the Southwest e6l i� espy 736. o_ L SIX L=` Quarter of the Southwest Quarter distant 120 feet Nat of the Southeeot comer thereof, PAP gpr® I - ARCS to a point 1n the weal 1,e or.ad southeast Quest«of the Southwest sorter of the wuro ��P CEL southwest Quarter, dmlant ISO test North of the southw.el toner uw.ar, Hennepn sumo. ffi I u I \�� 7 ?N �.\ CANDLEWOOD co-:.BMhnesata. HAMPTON I 1111 n8 1"� ._, ry„�,,,��, I i \ LOT 1 That part of the West-one fourth of the Southeast Quarter of the Southwest Quarter of 280.00 f , , 1 \\1,I the Southwest Quorter of Seoibn 34,Township 28,Range 24,IYfng South of the North - I I ; g 7 1 \, ••. 23D feet thereof and lying Northerly of the following deset ed Nne running from o point to D 1 the East line of the Wed one-fourth of sold Southeast'Quarter of the Southwest Quarter �', / 8 155.00 I / , 1 of u•southwest Quarter distant 120 feet Nate of ue Southeast corner thereof to a / IA chat 1 314.25 1! 0 I point In the West fine of Id Southeast Quarter of the Southwest Quarter of the •a1 324.. We e — �,:! — - Quarter distant 1'a f North of the o west earner thereof,except the Southwest dl• of t rt ha 5«U he 114 AAAWNtl€3 ,0 / z 1 / I -.d pat f the East 65 feat of Bold tract lying South of the North 64.2e feel thereof, / z _ g • / I MInno.np to the tinned States Government Survey thereof and situate h Hennepin County, @i /1•; 7 / a V HONDA DEALERSHIP / / p� , Ilia - -PARCEL FOUR 7 / •I 401 A DEALERSHIP West / 1� 'p•r,$r .Y:;':.: ', , :- ire.,"g:"�y}• •:" /, �_, I �I ® All that orar•of Southwest QTree of Quortars of Southeast p 28 North, the tautest M ryl�:... ) Q ,f sa I , /1 I B01p I the 4th 220 foot Principal e erlmon,lying weal of the East 330 feet, thereof and South of the $1 / one / I North 220 feel thereof and North of the North line of State Highway, ording to the f- fq 1 ) -,�f/ ,. ATKA....••�� I United States Government Survey thereof and situate In Hennepin County,Minnesota. 6 1 la 44 1 a�°' 156 W- ''.� / Le : Lor 4 �� I / •x asrrn I � The North 220 feet of dl that port of the East Three Quarter.of the Southeast Quarter a I 11 of the Southwest Quarter of the Southwest Quarter of Seek.34,Township 8 North,•LOT 1 :;31' •- o • LbMETTRYS AUTO BODY t b p I % {' r 9iN • - 1 1 Ronge 24,Wept of the 4th Principal Mertdlon,lynx West of the East 330 feet thereof. VV1l 1 B16/ 1 �.L ALSO: The Sods 155 feet of the North 230 feel of the Woof Quarts of the SouUeo•t 5, n r 5Di 77th Street Woof �� 1 •, r .162.7e es,1 1 T gasser f the Southwest Quarter f the Southwest Quarter, Seotlon 34, Township 28, E ;65/ '� -�' •5 `:',•. NB9'6J'2g'F]p �_� , A Range 24, a«ordlno to the United States Government Survey thereof and situate M 1 0 ��---- PARCEL ONE b I ,. ` u4.n 6La% I 1T Hennepin County,Mhaesate. v °c• \ - // n LE 3/ % 11 iiH — , N� 1 ® rcenoesen —�0e' a \ 1 I ra ( am ti USA BABY b 14` - N6953'29•E "°'1♦\ I I 1( 6{.7A h`\` �� 1 MN O 6 o.° 0.0 RICHFIELD Lt ETTRY'S COLLISION s�o ••__ ___.— �-t" 1 HOTEL rp e 509 5 515 77th Street Weal Thal -F - • I -AN! g �\\I!! # rd-- 11 �o �yoe• a Y O g \o s.b °o AUTO BODY I I I w €, 1 °aver- ,--1 /I I L°c° ° DETAIL SHOP / ••ARCED 1 TWO------. L� a Ifi+-I I / J I NOTES: •�`a" T 3 �` 724 Horded Ave Sough, IuIW F-i ^°7 Mau I / I I ..E1....Z U I Y I $ W I I N69'63'2B•E J I 1. Horrkt Ave Aw South needs to 6e vacated. 14 3 na•w MIL' (- 8164119.E I I 1g i, i I 8S'00 1 / / HONDA DEALERSHIP / I 2. Property Fe Abstract and Torrent. a o ern u 3 \ awn IE __ i 4D1 77th Street West ea I EXISTING a _ I — 0 rtwc6� 1 4.19 1� ^• x611 I t_----sew- L $ I BUILDING 3. No Mello%wetlands exist on property. m E°LL° �• e amxl '� ,.ra[rmt GATE eshe \� ;1-eae I AY I / / r I L a._ M v o ' I ! 1 f 1. s �/ LOT 2 Q O Ka .! 11RES PLUS 'eY I a, _ ! X Ir 4•.em>n�� r sag 76th go- t E i 0. t' I I .' 1 ! N t3 _ � OUTLOT A .11 w /�--- PARCEL -_�'j�� scan — . i`.,,y 3. w tJpy ° e IoM w8 i cscmT� I u.a THREE ',PAM �i I �.,'I/ i, ¢ g tip bl � � k;,6znn o I I I 1Tha �"� a...1/4-9' s nS a$ xa.•� d �� ant 8e� S X 1 xt! /,�•,�� I w PROPOSED STREET VACATION DESCRIPTION `v ^clC°'b W~_ fn /gs° �� 1 a I�i p pp d X¢ I g —•.` "I. nIDa[nw w W 1 �j U °- J b % i mot part of Harriet Avenue South lying northerly of the north right ,P g .rte ` ® k^ I �< ry •".I 1 W 'C) $� .4 6rs6>� of way Ilse of Interstate Highway No. 494 as per condemnellon �� t - Wifiter9110/6521,41 8 r ( Y) as I U� 1t3 I enT xiLw document 3417875 and southerly of ° Ilse 31.20 feet south of and hSYr^Iv sou '�- `+,- - �- I = � ., Q d I j 1 qF1� woes '>the ❑ parallel with the north Ilse of Southwest Quarter of Section 34, il� 'cY(III4 I ens✓ `wne �N^ea�� I 7 ° R 4j I II� i, I ',_'. . Township 28,Range 24,Hennepin County Minnesota. seine j - 1 I I n LvPB� M--„j4.....,1 lb., Ne9'6�P I • I I / MEIN ( l i oaf :(;:1:T I �.. �— a • ay—_� .116 ( I I ; • '-tar'RIDII 9w wet \ .•7,�'�:'•. / I / E.4 44 /�wui o ,..,n Nlpy N r Line.r - r.214!_ Flit ' •�A e t ' J I • % i�w[ e//6j fq° 34iiB7bf'r�� seine.-- T 'IY.44 1I,. �" —MIA I 1 •Aso O STR �..r —MIA ----esm I -- tel r �!!!!! eeT b4 �r 11i� — a� \ E I ® • :,a I ALM I p. areaA ' WIT I ADDITION W MA N w r • �� .ant — I� \ / �� l5�' / \ w[^ aN78h4t4.8'7,, ( • .:.h owrmt n. I I 5*.4'^ ::'1":: F'4 //JJ RI RS7 T I f ;;raft :�.of =_ -_uaL l�a.. .> .-- --- _= .. 0 N 1 NB ' s•E « ® LEGEND r� t O ill North Right of Woy Line of I (9T =SANITARY SEWER MANHOLE (A a DENOTES FIBER OPTIC MANHOLE U G a \---Interstate HWY.No.494 as per 'L7-HYDRANT gin a DENOTES SOIL BORING W ki condemnation(D«13588781) al �� fig , ® .STORM SEWER MANHOLE a DENOTES GUARD POST t i 4, ,,... g n ,Qua• h"es e CATCH BASIN o a DENOTES TELEPHONE TRANSFORMER PEDESTAL VI S $ -hy-@ LIGHT .DENOTES ELECTRIC TRANSFORMER H V^ `ag I V O Tham R 494 ' -DENOTES WATERMAIN ..DENOTES CAPE VALVE r 1 -> DENOTES SANITARY SEWER LINE Y"t OA bR$ » ay.DENOTES MONITORING WELL r�� E DENOTES STORM SEWER LINE 114 list 185 • '=DENOTES IRON MONUMENT FOUND • DENOTED BITUMINOUS SURFACE 1 0 a IRON MONUMENT SET AND MARKED Wf1H LICENSE NO.18420. DENOTED CONCRETE SURFACE ,^ -1-6UR-.DENOTES UNDERGROUND TELEPHONE UNE I.e '� V` 30 0 30 60 `$oath Line 1 the SW quarter of AaS -South Lino of the SE Quarter of 1a I V P4 g 1 !� the SW Quarter of the SW quarter 1 /� the SW Quarter of the SW Quarter �' -E-MAT-n=DENOTES UNDERGROUND ELECTRIC LINE I� I a DENOTED AREA OF STREET 43 1 - -1V-tan- DENOTES UNDERGROUND CABLE LINE TO BE VACATED SCALE IN FEET I I I I ( -P-017-a DENOTES OVERHEAD ELECTRIC LINE SHEET NU}.IBER s. I I ...__.___ I t �/ I -- I` o-R DENOTES UNDERGROUND GAB LINE -E-L7--DENOTES UNDERGROUND ELECTRIC STREET LIGHT UNE 2/ P-3 Harriet Avenue Vacation Context . , ..... . _ ---v. • - - • _ _ _ t T • ' ' 77TH STREET . • ' it. wriemilimmuw., ,„,,,,,:„_,......4a, . . ,,..-. . A;.4---4;w4swrollOSAIWIIIM. ---r='- .411$4141.11111111111110111=11111.1104. = WNW "+ _ f r ��`� +lF, 1i }.i ...' z 1 .l ,1 ft I f 1 Aj X61 1 ll t.1 `•j • { FOUR POINTS HOTEL I' .` j ;� .. 'FUTURE LAMETTRY'S•iii . ...•,111 R. i 00 g 0, u,J t LAMETTRY'S d Ili 's; a . , A • ai ,. . . % , . i„ . ,W •{ HONDA f' ' ' r. O•<64t . ' USA BABY ? ' !! I .•, . , , _...... •.... . . ,. • .., ._ I v glii t" I IS 64 y . . I sr' i � �r µa , . .. .t.,.,,,,.,, ...,„ _ atit .: . . f AI v f• a ....'.. TIRES PLUS ' . ' , i I I � � w ist ua } ANDLWOOD HOTEL ( 8TH y is y l "F a J } t • •GREET , r i r, .�. .bI I • tae► 3�'.` '•L HOTEL It* a.i i S 4. I r, 0 r r ,- , •• 4 J17.. ., .... . 011IN.** tp,,t ft. . 41 . _,. � r, •� tk,i,,,,, -m,.,.. t, ,„:„. .. 1 f,.% • :. • _ IN �,..._. _ 0110' 'i, i , h . . sya . • ♦ .v. r ri..a.,•*wl'..*s.a%•..ytti'.'k'r..Y.*xt-aa esra, ••••*ee"...tee •e•es-,w'w erY}••'►11aa•••e e#te41,9f*.4.t......_•ia•�'.itxstleMaFd,Yi Mr+a...........y.rw•aa.q.•eak-.s.�esr.,.siw•�W.Y•f.t+M8v6.+.'i,.0.11... 494 ii. ....m.n. , _ ..14"r0:44, „ . : ,, ,. _. __ . .. . . .. .. r .x ra•ss x __ - _ .__... N �+r' 0 75 150 300 . _ . ... . . . . . . 450 600 .. Feet AGENDA SECTION: CONSENT AGENDA ITEM# 4B - REPORT# 104 STAFF REPORT RICHFIELD CITY COUNCIL MEETING JUNE 11, 2013 REPORT PREPARED BY: MELISSA POIHLMAN, CITY PLANNER NAME,TITLE i DEPARTMENT DIRECTOR REVIEW: SIGNA E OTHER DEPARTMENT REVIEW: 0 A_ S NATURE REVIEWED BY CITY MANAGER: ..:111i1 A._ ITEM FOR COUNCIL CONSIDERATION: Conduct a first reading of an ordinance that would change the zoning designation of the following properties from Mixed Use — Regional (MU-R) to Planned Mixed Use (PMU): 401- 77th Street West, 501-77th Street West, 7724 Harriet Avenue, 400-78th Street West, 500- 77th Street West, and 520-78th Street West. I. RECOMMENDED ACTION: By Motion: Approve a first reading of an ordinance amending Appendix 1 of the Richfield City Code to change the zoning designation of the following properties from Mixed Use - Regional (MU-R) to Planned Mixed Use (PMU): 401-77th Street West, 501-77th Street West, 7724 Harriet Avenue, 400-78th Street West, 500-77th Street West, and 520-78th Street West. II. EXECUTIVE SUMMARY Richfield Bloomington Honda ("Honda") has outgrown its current facility at 400-78th Street West. Earlier this year, Honda ownership acquired a number of properties across the street from their current location. LaMettry's Auto Body, USA Baby and Tires Plus occupied the buildings that have been purchased. Honda is proposing the redevelopment of all of their land (including the potentially vacated Harriet Avenue) into a two-dealership campus. The property is currently zoned Mixed Use — Regional which conditionally permits new auto sales businesses. Honda is 061113 - 1st Reading Rezone Honda Properties requesting the rezoning of the property to a Planned Unit Development District (PMU) to allow for additional creativity and flexibility in site planning. III. BASIS OF RECOMMENDATION A. BACKGROUND • Richfield Bloomington Honda opened in 1986. Since that time, sales at the dealership have increased from approximately 1,000 cars per year to over 2,800 annually. The current dealership is approximately 28,000 square feet. • Honda is proposing the redevelopment of six parcels and the vacation of Harriet Avenue where it bisects the proposed site. • In addition to Honda sales and service, the 132,000 square foot development will house a Mitsubishi dealership and includes future plans for a multi-story parking ramp. B. POLICY • The rezoning of land requires both a first and second reading before the City Council. • Council consideration of the proposed site plans for this Planned Unit Development will take place on June 25, 2013 along with the required second reading of the proposed rezoning. • The Comprehensive Plan designates these properties as Regional Commercial/Office which is consistent with the proposed zoning designation and use. C. CRITICAL TIMING ISSUES • 60-DAY RULE: The 60-day clock `started' when this application was deemed complete on May 13, 2013. A decision is required by July 12, 2013 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. FINANCIAL • The required application fee has been paid. E. LEGAL • A public hearing to consider this rezoning and the associated land use requests was held before the Planning Commission on May 29, 2013. • Notice of the required public hearing was published in the Sun Current newspaper and mailed to properties within 350 feet of the proposal. • The Planning Commission voted 7-0 to recommend approval of the rezoning and Planned Unit Development. • A second reading of this rezoning and consideration of the associated land use requests is scheduled for June 25, 2013. F. ENVIRONMENTAL CONSIDERATIONS • N/A IV. ALTERNATIVE RECOMMENDATION(S) • Deny a first reading of the proposed rezoning. V. ATTACHMENTS • Draft Ordinance • Planning & zoning maps • Proposed site plan • Proposed plat VI. PRINCIPAL PARTIES EXPECTED AT MEETING • Applicant Representatives - 1 ORDINANCE NO. AN ORDINANCE RELATING TO ZONING; AMENDING APPENDIX 1 TO THE RICHFIELD CITY CODE BY CHANGING THE ZONING DESIGNATION OF THE FOLLOWING PROPERTIES FROM MIXED USE — REGIONAL (MU-R) TO PLANNED MIXED USE (PMU): 401-77TH STREET WEST, 501-77TH STREET WEST, 7724 HARRIET AVENUE, 400-78TH STREET WEST, 500-78TH STREET WEST AND 520-78TH STREET WEST THE CITY OF RICHFIELD DOES ORDAIN: Section 1. Section 18, Paragraph (1) of Appendix 1 of the Richfield Zoning Code is amended to read as follows: (1) M-16. That area bounded by 1 494 on the south, 77th Street on the Grand Avenue on the east. Lot 1 and Outlot A, Hampton Richfield Addition. Sec. 2. Section 8 of Appendix 1 of the Richfield Zoning Code is amended by adding new Paragraph (4) as follows: (4) M-16 (Honda). Lot 1, WOOD MINNESOTA RE Addition. Sec. 4. This ordinance is effective in accordance with Section 3.09 of the Richfield City Charter. Debbie Goettel, Mayor ATTEST: Nancy Gibbs, City Clerk 061113 - 1st Reading Rezone Honda Properties 501 77TH ST W - 5/2013 RZN & PUD Surrounding Comprehensive Plan w - — Z W W W CCO Q Q Q Q W HDR LDR W LDR LDR Z LDR MHD �1 LDR = LDR LDR 0 LDR MHD HDR WO LDR i LDR LDR LDR MHD "id. 77TH STREET _. Tr r / R/c/04 CCO RCO / RCO RCO</ RCO i RCO 1/ RCO RCO BTj�STRE`�°—_ 4._ w _ 4__ z ■ w _ . Q X69 .g. w o -- — y -- — 411 z T �j ■ I CITY 01 I:LOOMINGTON ' 1 Feet 0 100 200 400 600 800 1,000 RCO - Regional Commercial/Office N CCO-Community Commercial/Office HDR -High Density Residential MHD - Medium-High Density Residential LDR-Low Density Residential Path: I:\GIS\Community Development\Staff\Planning Tech\Projects\501 78th St W CP.mxd 4/13-3 501 77TH ST W - 5/2013 RZN & PUD Surrounding Zoning W w PC-2 Q. ��"� Q Q D W L j PC-2 R R R R MR-2 J LL w w Z 7 Q R = R R U R MR-2 J 0 PC-2 PC-2 R j R R R MR-2 "'S 77TH STREET II I .,: MU-R / '7 I MU-R 7 ',,,,A.a_... . M_ M R _ te` ,BT ST • • z i-_ I a 941, - 1 w Q 1_ z —i_ - J �� -ice ! C CITY OF 131.00MINGTON I1 • I . . 1 Feet 0 100 200 400 600 800 1,000 MU-R - Mixed-Use Regional N PMU - Planned Mixed Use PC-2- Planned General Commercial R-Single Family Residential MR-2- Mutli-Family Path: I:\GIS\Community Development\Staff\Planning Tech\Projects\501 78th St W Z.mxd _—__—__—__--_—__—__—__—__—__— % + — — —t l -a- 174TSEMACK i 1, J i S; r'Y'� Wo`opF,;R�^y,J f. Jt I I O� / d Yi, t,. f -. q� vt b 2 'I\ /1 ty., r b'" t' a �Nt�� I-' S tr..a '' an, ��//" L_ 'fY 7-� o ~/,/ /I ' / j Q "" _ �•r____Th I 11 i ;• j, 1 7 v wisrinimmonir ) e—T; ,r ____ ____je m 4 - ' rte€ �€v 0 cn ---------------------------------- 11 o I Z o, C I � x 7 I I c=n D i I I m I s m _ _ : I( T I..: X 7� I 1 !el ' ,/,"Z , it �� : j I �` i, ? i Ii 0 s I = 1a l I f[1.i 1 J , I ! I w V y.�gi ZOO + Z 3 _ I I II • Ei - I •a I 410 I mm g x h,' 1 YI \ I Iz I 1amSETBACK PROPERTY LNE _—__—__—__—__—__—__—__—__--_ =z"m� e�S�Z2 vex m z k P 2 g s rg, °' o .T _ rr t° x K m r H y1 aSO8> ''c`s''''cy () ai. _ o S i=$ r'z.1 I 4 r sik' v .if h . -, S J e8 la ,3.s 1 R . Sf Z ? I its' f - s t; 445 $*�ttl t z I k �ffr 1 .4..I m ;• mss" E ` ipir n .1; t Rz' ' y2"` i s S $ e I pTg• N .i °p Yi Sl'.ml�f-2 c ' R. $*t��.R p y g^.x y to -,'z Ti z . m _ 1$ 4 s .S 6 yip--5_q� ,£8 4 a� P� 3 v�fr N = F. 9i n D 6 v F ' O� T ^ __ € Imo _ #W t € - =Z $ 3 3 x i r - I " 4. o c y rn m o"a• m'$ ¢gaa z l z VI _ 25 6g _ & 325 ",�rte, ..�"o-.n o. {" 'offi o.i > ifs ?'"sn e1S °. 4`�n z X c y Y S� o ti s K L JR de 2:n sa n ±. b.. 'R�'u, i o5. „S =_4.y �4 �i 0 a agaa $ g i E V.wEES0a $ i o.ost as' o ra. x.a' x;i� .:i11.-- a NANCE Renier nstrucfion lk Ifi Corporation 9og ®DD©ADD©�D Oa.. I r RICHFIELD • BLOOMINGTON i,z I M T3 W a �- a HONDA MITSUBISHI D .1. „ Z 400 West 78th Street, Richfield, MN 55423 -b' WOOD MINNESOTA RE ADDITION C,R, DOC. NO. R.T. DOC. NO. KNOW ALL PERSONS BY THESE PRESENTS: Wood Minnesota RE, LLC, a Minnesota limited liability company, fee ownereof the following described property situate In the County of Hennepin, State of Minnesota, to wit: That port of the East 150 feet of the West Half of the East hoit of the Southwest Quarter of the Southwest Quarter of the Southwest Quarter of Section 34, Township 28, I Charles R. Christopherson do hereby certify that this plot woe prepared by me or under my direct supervision; that I am duly Licensed Lond Range 24, lying South of the North 30 feet thereof and lying Northerly of State Highway, according to the United States Government Survey thereof and situate in Hennepin Surveyor In the State of Minnesota; hot this plot Is o correct representation of the boundary survey, that oil mathematical data and labels ore County.Minnesota. correctly designated on this plot; that all monuments depicted on this plot hove been, or will be correctly eel within one year, that oil water boundorles and wet lands. os defined in Minnesota Statutes,Section 505.01, Subd.3,os of the date of this certificate are shown and labeled on The South 44 feet of the North 324 feet of the East Quarter of the Southwest Quarter of the Southwest Quarter of the Southwest Quarter of Section 34, Township 28, this plot; and all public ways are shown and labeled on this plot. Range 24, Hennepin County,Minnesota. Doted this day of , 2013. That part of the East Quarter of the Southwest Quarter of the Southwest Quorter of the Southwest Quarter of Section 34. Township 28,Range 24, Hennepin County, Minnesota, lying South of the North 324 feet thereof and lying North of the Northerly right of way line of Hlghwoy No. 494 as acquired under Final Certificate fled as Document Number 3417875,except the East 30 feet thereof. The North 280 feet of the East Quarter of the Southwest Quarter of the Southwest Quarter of the Southwest Quarter of Section 34, Township 28, Range 24,Hennepin Charles R. Christopherson, Licensed Land Surveyor County, Minnesota, except the North 30 feet and the East 30 feet thereof,Hennepin County, Minnesota. Minnesota License No. 18420 The South 45 feet of the North 75 feet of the North 230 feet of the West Quarter of the Southeast Quarter of the Southwest Quarter of the Southwest Quarter of Section 34, Township 28, Range 24,Hennepin County, Minnesota. STATE OF MINNESOTA Parcel A: COUNTY OF ANOKA That port of the East 65 feet of the West one-fourth of the Southeast Quarter of the Southwest Quarter of the Southwest Quarter of Section 34, Township 28, Range 24, This instrument woe ocknowledged before me this day of ,2013 by Charles R. Christopherson. Iytnp South of the North 314.25 feet thereof, and lying Northerly of a line running from a point in the East line of the West one-fourth of sold Southeast Quarter of the Southwest Quarter of the Southwest Quarter distant 120 feet North of the Southeast corner thereof, to a point in the West line of said Southeast Quarter of the Southwest Quarter of the Southwest Quarter,distant 150 feet North of the Southwest corner thereof,Hennepin County, Minnesota. Parcel B: That port of the West-one fourth of the Southeast Quarter of the Southwest Quarter of the Southwest Quarter of Section 34, Township 28, Range 24, lying South of the North 230 feet thereof and lying Northerly of the following described line running from a point in the East line of the West one-fourth of sold Southeast Quarter of the Southwest Quarter of the Southwest Quarter distant 120 feet North of the Southeast corner thereof to a point in the West line of sold Southeast Quarter of the Southwest Notary Public,Minnesota Quarter of the Southwest Quorter distant 15D feet North of the Southwest corner thereof, except the port of the East 65 feet of sold tract lying South of the North 84.25 My commission expires January 31, 2017 feet thereof,according to the United States Government Survey thereof and situate in Hennepin County, Minnesota. Parcel C: RICHFIELD, MINNESOTA All that port of the East Three Quarters of the Southeast Quarter of the Southwest Quorter of the Southwest Quarter of Section 34, Township 28 North, Range 24, West of the 4th Principal Meridian,lying West of the East 330 feet, thereof and South of the North 220 feet thereof and North of the North line of State Highway, according to This plot of WOOD MINNESOTA RE ADDITION was approved and accepted by the City Council of Richfield, Minnesota at a regular meeting held the United States Government Survey thereof and situate in Hennepin County, Minnesota. this day of , 2013. If applicable the written comments and recommendations of the Commissioner of Transportation and the County Highway Engineer have been received by the City or the prescribed 30 day period has elapsed without receipt of Parcel D: such comments and recommendations, as provided by Minnesota Statutes,Section 505.03, Subd. 2. The North 220 feet of all that port of the East Three Quarters of the Southeast Quarter of the Southwest Quarter of the Southwest Quarter of Section 34, Township 28 North,Ronge 24, Weat of the 4th Principal Meridian, lying West of the East 330 feet thereof. ALSO: The South 155 feet of the North 230 feet of the West Quarter of the Southeast Quorter of the Southwest Quarter of the Southwest Quarter, Section 34, Township 28,Range 24,according to the United States Government Survey thereof and CITY COUNCIL OF RICHFIELD,MINNESOTA situate in Hennepin County,Minnesota. Have caused the same to be surveyed and plotted as WOOD MINNESOTA RE ADDITION and do hereby dedicate to the public for public use forever the easements for drainage and utility purposes as shown on this plot. By: Mayor By: City Manager in witness whereof said Wood Minnesota RE,LLC, o Minnesota limited liability company, has caused these presents to be signed by its proper officer this-day of 2013. TAXPAYER SERVICES DEPARTMENT WOOD MINNESOTA RE ADDITION Hennepin County, Minnesota I of ,ereby certify that taxe01payable in 2013 and prior years have been paid for land described on this plat, dated this this day President Mork V. Chapin, County Auditor By Deputy STATE OF MINNESOTA COUNTY OF SURVEY DIVISION This instrument was acknowledged before me this day of , 2013 by , the President of Wood Minnesota RE LLC,on Hennepin County, Minnesota behalf of the company. Pursuant to Minnesota Stotutes Section 3838.565(1969), this plat hos been approved this day of , 2013. Wiliam P. Brown, County Surveyor By, Notary Public, Minnesota My commission expires REGISTRAR OF TITLES Hennepin County, Minnesoto I hereby certify that within plot of WOOD MINNESOTA RE ADDITION was filed in this office this day of. , 2013, at, o'clock_,.M. Rachel Smith, Acting Registrar of Titles BY Deputy COUNTY RECORDER Hennepin County, Minnesota I hereby certify that within plot of WOOD MINNESOTA RE ADDITION was filed In this office this day of , 2013, at o'clock_.M. Martin McCormick, County Recorder By Deputy I0Hakanson .,,Anderson --- a WOOD MINNES 0 TA RE ADDITION C.R. DOC. NO, R.T. DDC. N0. .,North Line of the SW Ouorter of /-North Line of the SE Quarter of --- - 1--- _ /'- the SW a,«tar of the SW Ou-wt-er-t- -.-/._ as SW Ouorter of the SW Querler -7-7-T-1 i T-- uT ., _ E:: E?Tlv'�` �7Q.00 -q^ __ ___ -� --r- I-- -- `coaa«:rmt.«� --I' -_.I ( I _- .-- 30.0o E::::E;�IOr. "I \ .00 `I -r r r -T-36 oD I I / , 1 R 8 i ' / / t f l // j j I I 4 N89'53'29"E •�% I I\L_L_ I I I I I I fY V r-^I� 30.00 I 8 x 77TH STREET WEST A I I_ , 641.37 : _ I I 77TH STREET WEST ►_ -� ,�. f5o00 t--g--`Edll>ii,ira7 =- 141.37 - n ----- ---- - _ I I ;� (ooeR3e721 - �`.t n g (- -1-1 001 y - r "�1.2 ait 1 - 5 L - I I I �.\ 81 I I g.\ Si P M R t of Way L1na N.\_1-or 7M Swat w par MOS -y� y 1-30.oa 30.00--1 �4�� g ' 1 10--{ Map of 7715(Ooe/8332357) ..._-- _r- •v I N89'53'29'E I I 1° rgt 164.26 -- ;At • 3000 C-5 tN6953'29' `- 134.26 I Tom- = � (i) ^-30.00--"1 tar 0 056 ..•/ 1S`o Ili ri �' 230,00 :o 220.00 6r of 2> ill' o (h(11 fI� i PI I i A L IFS TON t1 "rf 41 I_� I V/11 VU L.L_YYVVU I I A 6 I r 1 V I V Sot I I3 \ 1133 _ 260.00 i-' ``h LOT 1 =3t$ I / MDI 8 155.00 I` t`-k w««`o 324.00 r 314.25 0 ei6 (-./ado o - §1s R LOT 1 ■ Zt °A LOT r S m) -150.00- 15 ;i;n a tit 3fnn In('/)r; -I , _S55 $ p NB953'29'S I DRAk1A0E AND UTIUYY 3 S 5 t Q "� ; °t t ° ) $c T- �- 162.78 -- EASEMENTS ARE SHONN 1FNh' t O n Imo° 13 S N6953'29'E ._L I \ I\ f�/1� 8I Go V°v�i KI 134.22 _f�- 1 1 I. I f5 �\_ N W � Y.Fj° 1AN I n 5-1 n r Sao I --Li- -.. I -I---J L___L .6t I �� 3 ��fi^�w I 1 its I,-- - -` y 0 i7 BernQy b.00 Het in width and >i7�i it-Ir1 n W t,9: __ \ 84.25 s'4 co adtoinhq aF bt Ih«uMppL \I C H IL_L.V �o �_ 134.20 i -_`�/N8 3�29'EI ' I 8 n r- l i^T r_I olherwia.shown on Oda tds I(--- 164.20 I U)O HOTEL. L_L. •g1°V $ 513953'29"E I I I_LI 3 I 4i, I Z .......i Ft b' x 44.00 18 <_ t ; D I I I I If LIJ R 1 killii I ( N6953'29'E 1 ( < / I I N8953'29'E `" 164.19 1 I _ / I 65.00 / 134.19 .J L- \ - ��\ / ( II i J `\I BLOCK gt; t nT t OUTLOT 1r: 30.00 I - 11 v r..vr A I------ 1 �i7 f ' ' I i"� bit si '! �s>s 8 5 I t_ ^ B of £off 30 0 30 60 `` 5 0 ''I iN 3�ftii `tea I F � I B WI I a-2 SCALE IN FEET ��_` �` Li Itts SCALE IN FEET at s. 1 r tiJ L ( NI For 1M pwyoaa of MN plot the Wool I.h*of the East Jp \ 310.00 foot of M.SE Quarter a 8. SW Wan*at tM 3 N7 6,S I I IJ_ 30"-\-j-1 Mori*of s«tbrl 34,Township 20.Ranpa 24.Is unarm North 31&5 _ \ I t I j_ 80 53'20'5\ I I to boor 50056'31'f _ intreetel;126f of 1n� i_ 1 _r( \ 30.00 I O D«ot«1/2 Fwh by 14 indi Fan mpwnlmt«t °glearhna H way . n' _ _� and marked wah Mhnaaota lfe4n«Na 16420. �� i' ' fwk Na. +a'°r I i \ I-30.05---130.00---I rf �06,514,-....-...." - + .� \\ n I I • Denotes Nenneph County Cwt Iron Wonenant Found len I a / _ _` �'I is n • Denton Fan Yonumant Found / /GP / O, a R Li-1c/ 4,/r c_ L- s: `/r-r_ L`l.7 L � 10� - p - IA/l_ 8 a~^77 I A1\r11T1r\hi \ pI Yr L,�I- ;; I g 16g // '16':b3`�_.- _( d i 6 I"1VU11 IVIV A21 Limn anlot4a79'44153‘way Lw --4.�/ L I f ij �eor'dan"totrHoff�(N° 4ai ` I .47hf L-^-- � 'L nJ\`j ---' / oy�0 162.70 I __South Line of the SW Goole-of I I Ir1 0 / , N89'53 20 E I T -- - I^ the SW Ouorter of the SW(Loner _- I I I v V Q �� gi North Right of Way No.494 of J ^Interstate t of No.494 w I ." .A-A �- --- -^_ Southwest Corner of the Well South r of of the SE Pv Southeast Crner of the par RI G F..`Y Cuorler of the SE quarter of the I CA. of Me SW QuMler Waet Olorlar of the SE amdanxf°tbn(OoC/y586761) I SW Ouorter of the SW Quarter I of the SW quarter I `I - - -- _- -- _-- I Mr so:the SW c"'""er -� of Ana 500 ova tar _ ^_ Halcanson - _ _ Anderson AGENDA SECTION: CONSENT AGENDA ITEM# 4C REPORT# 105 STAFF REPORT RICHFIELD CITY COUNCIL MEETING imimmirmi JUNE 11, 2013 REPORT PREPARED BY: CHRIS REGIS, FINANCE MANAGER NAME,TITLE DEPARTMENT DIRECTOR ari REVIEW: . _ ',PIT/ REVIEWED BY CITY MANAGER: MI IsssiAlliki. AAS , . / ITEM FOR COUNCIL CONSIDERATION: Consideration of the adoption by resolution by the City Council of the Ten Performance Measures developed by the Legislative Council on Local Results and Innovation. I. RECOMMENDED ACTION: By Motion: Approve the attached resolution declaring adoption by the City of the Ten Performance Measures and Performance Measure System as developed by the Council on Local Results and Innovation. II. EXECUTIVE SUMMARY In 2010, the Legislature created the Council on Local Results and Innovation (the Council). • In February 2011, the Council established a set of ten performance measures for counties and ten performance measures for cities. • In 2012 the Council created a comprehensive performance measurement system for cities and counties to implement. The goal of the establishment of the performance measures will be to aid residents, taxpayers, and state and local elected officials in determining the efficiency of counties and cities in providing services, and measure residents' opinions of those services. 6 11 2013 Performance Measures III. BASIS OF RECOMMENDATION A. BACKGROUND • Participation in the performance measure program by a city or county is voluntary Cities and counties that choose to participate in the program may be eligible for a reimbursement in LGA, not to exceed $25,000, and exemption form levy limits. • Cities and counties participating in the program will be required to communicate the results of the measures to their residents the following calendar year. Methods of communication can be through publication, mailings, posting on the City's website, or through a public hearing at which the budget and levy will be discussed. B. POLICY • Annual reporting by on the progress of the program will be required by the City to the Office of the State Auditor. C. CRITICAL TIMING ISSUES • Adoption of the Performance Measures program by the City Council must be reported to the Office of the State Auditor by July 1, 2013. D. FINANCIAL • The amount of LGA reimbursement that the City of Richfield has received to date is $4,932.00. • Participation in the program will allow the City to be exempt from levy limits for calendar year 2014. • There may be costs incurred by the City in implementing some of the established performance measures. E. LEGAL • N/A F. ENVIRONMENTAL CONSIDERATIONS • N/A IV. ALTERNATIVE RECOMMENDATION(S) • The City Council can decide to not participate in the Performance Measure program. If the City does not participate, it will subject to any levy limits adopted by the legislature. V. ATTACHMENTS • Resolution adopting the 10 Performance Measures and Performance Measure System as developed by the Council on Local Results and Innovation. • Report on Performance Measures Results for the City VI. PRINCIPAL PARTIES EXPECTED AT MEETING • N/A RESOLUTION NO. RESOLUTION ADOPTING AND IMPLEMENTING MODEL PERFORMANCE MEASURES FOR CITIES AS ESTABLISHED BY THE COUNCIL ON LOCAL RESULTS AND INNOVATION, CREATING A COMPREHENSIVE PERFORMANCE MEASUREMENT SYSTEM, REPORTING THE RESULTS OF SUCH REPORT TO THE LOCAL PUBLIC, AUHTORIZING THE SURVEY OF RESIDENTS, AND REPORTING RESULTS TO THE OFFICE OF THE STATE AUDITOR WHEREAS, in 2010, the Legislature created the Council on Local Results and Innovation; and WHEREAS, in February 2011, the Council released a standard set of performance measures for cities that will aid residents, taxpayers, and state and local elected officials in determining the efficacy of cities in providing services, and measure resident's opinions of those services; and WHEREAS, in February 2012, the Council created a comprehensive performance measurement system for cities to implement in 2012; and WHEREAS, cities that choose to participate in the new standards measure program may be eligible for reimbursement in LGA, and exemption from levy limits; and WHEREAS, participation in the standard measures program by a city is voluntary; and WHEREAS, cities that choose to participate in the standard measures program must officially adopt the performance benchmarks developed by the Council, and implement them; and WHEREAS, the following performance measures were adopted; • Percent change in the taxable property market value • Part I and II crime rates • Police response time • Insurance industry rating of fire services • Fire response time • Average city street pavement condition rating • Operation cost per 1,000,000 gallons of water pumped/produced • Number of sanitary sewer back-ups for public sanitary sewer system WHEREAS, the results of the citizen survey conducted were also released and the following areas were reviewed and commented on; • Overall appearance • Overall safety • Fire protection • Overall street conditions LJc- • Snowplowing • Sanitary seer • Park and recreation • Overall quality of service NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Richfield, Minnesota hereby certifies that; 1. The city had adopted and implemented the performance measures as developed by the Council on Local Results and Innovation; and 2. The city has implemented a local performance measurement system as developed by the Council on Local Results and Innovation; and 3. The city will report the results of the adopted measures to its residents before the end of the calendar year through publication, direct mail, posting on its website, or through a public hearing at which the budget and levy will be discussed and public input allowed; and 4. The city has surveyed its residents on the services included in the performance benchmarks; and BE IT FURTHER RESOLVED that the actual results of the performance measures adopted by the city for the program in 2012 shall be reported to the Office of the State Auditor by July 1, 2013. Adopted by the City Council of the City of Richfield, Minnesota this 11th day of June, 2013. Debbie Goettel, Mayor ATTEST: Nancy Gibbs, City Clerk LIC Model Performance Measures for Cities Results for the City of Richfield General: 1. Rating of the overall quality of services provided by your city (Citizen Survey: excellent, good,fair,poor) 86%of respondents rated quality of services as excellent or good. 2. Percent change in the taxable property market value The taxable property market value from 2012 to 2013 decreased by 5.71%. 3. Citizens' rating of the overall appearance of the city (Citizen Survey: excellent, good,fair, poor) 43%of residents rated the overall appearance of the City as excellent or good. Police Services: 4. Part I and II crime rates (Submit data as reported by the Minnesota Bureau of Criminal Apprehension. Part I crimes include murder, rape, aggravated assault, burglary, larceny, motor vehicle theft, and arson. Part II crimes include other assaults,forgery/counterfeiting, embezzlement, stolen property, vandalism, weapons,prostitution, other sex offenses, narcotics, gambling,family/children crime, D.U.I., liquor laws, disorderly conduct, and other offenses.) 2011 2012 Part I 949 1,001 Part II 2,300 2,418 Citizens' rating of safety in their community (Citizen Survey: very safe, somewhat safe, neither safe nor unsafe, somewhat unsafe, very unsafe) 86%rated the safety of the City as very safe or somewhat safe. Output Measure: Police response time (Time it takes on top priority calls from dispatch to the first officer on scene.) Average Police response time in minutes—4:45 Fire Services: 5. Insurance industry rating of fire services (The Insurance Service Office (ISO) issues ratings to Fire Departments throughout the country for the effectiveness of their fire protection services and equipment to protect their community. The ISO rating is a numerical grading system and is one of the primary elements used by the insurance industry to develop premium rates for residential and commercial businesses. ISO analyzes data using a Fire Suppression Rating Schedule (FSRS) and then assigns a Public Protection Classification I I ( .., LI from 1 to 10. Class 1 generally represents superior property fire protection and Class 10 indicates that the area's fire suppression program does not meet ISO's minimum criteria.) City of Richfield Fire Insurance Industry Rate—3. Citizens' rating of the quality of fire protection services (Citizen Survey: excellent, good,fair, poor) 100%rated the quality of fire protection services as excellent or good. Output Measure: Fire response time (Time it takes from dispatch to apparatus on scene for calls that are dispatched as a possible fire). Average Fire response time in minutes—3:45 Streets: 6. Average city street pavement condition rating (Provide average rating and the rating system program/type. Example: 70 rating on the Pavement Condition Index (PCI)) 2010 2011 2012 PCI 82 N/A 70 Citizens' rating of the road condition in their city (Citizen Survey: good condition, mostly good condition, many bad spots) 89%rated the conditions of city roads being in good condition or mostly good condition. 7. Citizens' rating the quality of snowplowing on city streets (Citizen Survey: excellent, good, fair,poor) 82%rated the quality of snowplowing on city streets as excellent or good. Water: 8. Citizens' rating of the dependability and quality of city water supply(centrally-provided system) (Citizen Survey: excellent, good,fair,poor) 97%rated the dependability and quality of city water services as excellent or good. Output Measure: Operating cost per 1,000,000 gallons of water pumped/produced (centrally-provided system) (Actual operating expense for water utility/(total gallons pumped/1,000,000)) C The operating cost per 1,000,000 gallons of water pumped/produced is $2,717. Sanitary Sewer: 9. Citizens' rating of the dependability and quality of city sanitary sewer service (centrally provided system) (Citizen Survey: excellent, good,fair,poor) 96%rate the dependability and quality of city sanitary sewer service as excellent or good. Output Measure: Number of sewer blockages on city system per 100 connections (centrally provided system) (Number of sewer blockages on city system reported by sewer utility/(population/100)) Number of sewer blockages on city system is .001 per 100 connections. Parks and Recreation: 10. Citizens' rating of the quality of city recreational programs and facilities (parks, trails, park buildings) (Citizen Survey: excellent, good,fair,poor) 71%rated the quality of city recreational programs and facilities as excellent or good. AGENDA SECTION: CONSENT AGENDA ITEM# 4D REPORT# 106 STAFF REPORT RICHFIELD CITY COUNCIL MEETING JUNE 11, 2013 REPORT PREPARED BY: BETSY OSBORN, SUPPORT SERVICES MANAGER NAME,TITLE DEPARTMENT DIRECTOR /WA I I ' I I REVIEW: t0 t.�.�. A SIGNATURE REVIEWED BY CITY ` MANAGER: / � I ITEM FOR COUNCIL CONSIDERATION: Consideration of a request for a new taxi license for 10/10 Taxi MN, LLC, d/b/a 10/10 Taxi, 4500 Glumack Dr., Suite 1300, St. Paul, MN. I. RECOMMENDED ACTION: By Motion: Approve the request for a new taxi license for 10/10 Taxi MN, LLC, d/b/a 10/10 Taxi, 4500 Glumack Dr., Suite 1300, St. Paul, MN. II. EXECUTIVE SUMMARY On March 28, 2013 the City received an application for a request for a new taxi license for 10/10 Taxi, 4500 Glumack Dr., Suite 1300, St. Paul, MN. At the present time, only one vehicle will operate in Richfield, however, there is a possibility that new vehicles will be added over time. All required information and documents have been provided and the background investigation showed no issues or concerns. All required licensing fees have been received. III. BASIS OF RECOMMENDATION A. BACKGROUND • On March 28, 2013 the City received an application for a request of a new taxi license for 10/10 Taxi, 4500 Glumack Dr., Suite 1300, St. Paul, MN. The application is complete and all required fees have been paid. 10/10 Taxi MN, LLC d/b/a 10/10 Taxi • At the present time, there will be only one licensed vehicle; however, there is a possibility that up to 27 new vehicles could be added. • The Public Safety background investigation has been completed. William M. George is the Chief Executive Officer. He has no known criminal history. He has 28 years of experience in the transportation industry. • The certificate of liability insurance has been submitted showing Old Republic Insurance Company affording the coverage. • The applicant has supplied the information regarding the make, body, style and year of the vehicle to be operated in Richfield. The applicant also agrees to supply this information for any added vehicles in the future, as well as pay additional fees for additional vehicles making pick-ups within the City of Richfield. B. POLICY • The applicant meets the standards that are contained in the City's ordinance. C. CRITICAL TIMING ISSUES • One vehicle is currently listed on the application to be licensed as a taxicab in Richfield; therefore, no additional vehicles will be allowed to pick up patrons in the City without first obtaining the appropriate license. Future vehicles could be added to the license, providing that the proper paperwork has been completed, fees paid and proof of current liability insurance submitted. D. FINANCIAL • The required licensing fees have been received. E. LEGAL • N/A F. ENVIRONMENTAL CONSIDERATIONS • N/A IV. ALTERNATIVE RECOMMENDATION(S) • Deny the request for a new taxi company license for 10/10 Taxi. This would mean that the applicant could not pick up fares within the City of Richfield. However, the Public Safety Department has found no basis for denial. V. ATTACHMENTS • None VI. PRINCIPAL PARTIES EXPECTED AT MEETING • 10/10 Taxi Officers AGENDA SECTION: PUB.HEARING AGENDA ITEM# 6 REPORT# 107 STAFF REPORT RICHFIELD CITY COUNCIL MEETING JUNE 11, 2013 REPORT PREPARED BY: BETSY OSBORN, SUPPORT SERVICES MANAGER NAME,TITLE DEPARTMENT DIRECTOR REVIEW: d 1 �Ij.►.��-' ;irDr ._ ` '�✓ IGNATURE OTHER DEPARTMENT REVIEW: � M A�.a REVIEWED BY CITY MANAGER: 04 4116 a ITEM FOR COUNCIL CONSIDERATION: Public hearing for the consideration of a new on-sale wine and 3.2 percent malt liquor licenses, with outside service, for The Noodle Shop, Co.-Colorado, Inc., d/b/a Noodles & Company, 1732 E. 66th Street, Richfield, MN. I. RECOMMENDED ACTION: By Motion: Conduct and close the public hearing and by motion: • Approve the issuance of new on-sale wine and 3.2 percent malt liquor licenses, with outside service, for the Noodle Shop, Co.— Colorado, Inc., d/b/a Noodles & Company, 1732 E. 66th Street, Richfield, MN. II. EXECUTIVE SUMMARY On March 23, 2013, the City received an application for new on-sale wine and 3.2 percent malt liquor licenses, with outside service, for Noodles & Company at their new location at 1732 E. 66th Street. Patrons will be allowed to consume beverages in the dining area of the establishment. They also intend to serve food, wine and 3.2 percent malt liquor in an outside patio area which has already been reviewed and approved by Planning and other numerous staff who also have requirements for outside service. All other required information and documents have been provided 0611The Noodles Shop Co.-Colorado, Inc, d/b/a Noodles & Company and a background investigation showed no issues or concerns. All required licensing fees have also been received. III. BASIS OF RECOMMENDATION A. BACKGROUND On March 23, 2013, the City received new applications and other required documents for on-sale wine and 3.2 percent malt liquor licenses, with outside service, for The Noodles & Company. The Public Safety background investigation has been completed. The license will be the second such store in the City of Richfield. In addition, the chain operates numerous other stores throughout Minnesota and the US. The applicant has satisfied the following requirements for issuance of a license: • The required license fees have been paid. • Real estate taxes are not delinquent. • Proof of commercial liability insurance has been received showing Travelers Property Casualty Company of America affording the coverage. • As a result of this being a new request for on-sale wine and 3.2 percent malt liquor licenses there is no need for an accountant's statement to be submitted regarding the food/alcohol ratio. The Public Safety background investigation has been completed. The results of the investigation are summarized in an attachment to this report. None of the information in the report shows any cause for recommending denial of the requested license. B. POLICY • Richfield City Code Section 1202 requires owners of on-sale wine and 3.2 percent malt liquor establishments to comply with all of the provisions of both City Code and State Statutes. C. CRITICAL TIMING ISSUES • N/A D. FINANCIAL • The required licensing fees have been received. E. LEGAL • The requirements of Resolution 9511 must be met, which outlines the discipline they can expect if any ongoing problems occur. A copy of the Resolution has been given to the owners of the establishment. F. ENVIRONMENTAL CONSIDERATIONS • N/A IV. ALTERNATIVE RECOMMENDATIONS) • The Council could decide to deny the requested licenses, which would mean that the current applicant would not be able to obtain on-sale wine and 3.2 percent malt liquor licenses. • Schedule the hearing for another date. However, this may delay the licensing process. V. ATTACHMENTS • Summary of background investigation. VI. PRINCIPAL PARTIES EXPECTED AT MEETING • Noodles & Company Officers (P4- SUMMARY OF BACKGROUND INVESTIGATION REPORT FOR THE NOODLES SHOP, CO. — COLORADO, INC., d/b/a NOODLES & COMPANY Officers: Keith Joseph Kinsey, President and Secretary Paul A. Strasen, Vice President Kevin Edward Kostka, On-Premise Manager Criminal History: Keith Joseph Kinsey, President and Secretary has no known criminal history. Paul Strasen, Vice President, has no known criminal history. Kevin Edward Kostka, On- Premise Manager, has no known criminal history; however, Kevin does show one traffic conviction at the petty misdemeanor level. Premises: Ryan Companies US, Inc. is the owner of the property. The lease between the applicant and the landlord is in effect. All payments are current. Bank of America, NA acts as the administrating agent for the applicant. A copy of the credit agreement held with Bank of America, NA and the applicant is on file. Hennepin County Tax Records do not show any delinquent taxes. Routine Information: On-Sale Wine and 3.2 percent malt liquor licenses require owners of these establishments to comply with Resolution No. 9511, which outlines the discipline they can expect if any ongoing problems occur. A copy of this resolution has been given to the owners of the establishment There are no distant requirements to notify neighbors of the issuance of new on- sale wine and 3.2 percent malt liquor licenses. The Notice of Public Hearing was published in the Richfield Sun Current on May 30, 2013. AGENDA SECTION: PUB.HEARING AGENDA ITEM# 7 REPORT# 108 STAFF REPORT RICHFIELD CITY COUNCIL MEETING JUNE 11, 2013 REPORT PREPARED BY: CHRIS REGIS, FINANCE MANAGER NAME,TITLE DEPARTMENT DIRECTOR 12( REVIEW: 0 WAY �`I REVIEWED BY CITY MANAGER: %y gm-jr t 4sw ITEM FOR COUNCIL CONSIDERATION: Public hearing and consideration of a resolution authorizing the City of Richfield to obtain Minnesota Investment Fund loan from the MN Department of Employment and Economic Development (DEED) in the amount of$550,000 and loan such funds to Pinnacle Airlines Corporation. I. RECOMMENDED ACTION: Conduct and close the public hearing and by motion: Approve the attached resolution authorizing the City of Richfield to submit an application for a Minnesota Investment Fund loan, and if received, loan such funds to Pinnacle Airlines Corporation. II. EXECUTIVE SUMMARY The State of Minnesota, through DEED, provides for revolving loan programs to certain businesses in Minnesota. These loans are generally intended to provide "seed" money for new businesses in Minnesota which will in turn, provide new higher paying jobs in the state. Under this revolving loan program the funds from DEED cannot be provided directly to the business entity. Instead, the funds are provided to the City in which the business is to be established pursuant to a grant agreement between the City and DEED. The City then loans the money to the business pursuant a loan agreement and one or more security agreements. DEED has approached the City of Richfield and requested that the City serve as the loan agent for Pinnacle Airlines. Pinnacle is requesting a $550,000 loan from DEED 0611 DEED Pinnacle Hearing to renovate a building on Minneapolis/St. Paul Airport property that will used as the company's corporate headquarters. No City funds are involved in the transaction and the City has no financial liability in this matter. III. BASIS OF RECOMMENDATION A. BACKGROUND • Pinnacle Airlines is a $900 million holding company with 5,100 employees. It operates 191 regional jets with 1,000 flights a day to more than 100 cities in the United States and Canada including 80 flights from Minneapolis/St. Paul Airport (MSP). • Pinnacle has emerged from bankruptcy proceedings as of May 2013, and will be a wholly-owned subsidiary of Delta Air Lines, Inc. (Delta). As noted, Pinnacle will be relocating its company headquarters from Memphis, Tennessee to the Minneapolis/St. Paul Airport. • Delta Airlines will also be contributing $550,000 towards the building renovation. B. POLICY • The DEED funds must be administered through a political subdivision of the State. • Richfield will act as the loan agent for the $550,000 loan to Pinnacle. • The State of Minnesota requires official City Council action in the form of a formal application, public hearing and adoption of a resolution to be submitted to DEED for this process. • The loan of funds from City to Pinnacle is a business subsidy and a public hearing is required under Minn. Stat. Section 116J.993 — 116J.995 (the "Business Subsidy Act"). C. CRITICAL TIMING ISSUES • The application for the funding to Pinnacle through the City of Richfield has been completed. • A local public hearing must be held prior to the adoption of a resolution, submission of the application to DEED, and the provision of the loan to Pinnacle. • Proper notice of Public Hearing was published in accordance to law. • The new jobs that would be created would work near the east border of Richfield and be potential customers of Richfield businesses and potential Richfield homeowners. D. FINANCIAL • No City funds will be used to fund the loan to Pinnacle. Administration of the loan is expected to involve minimal staff time. • Richfield will receive a one-time administrative fee in the amount of $2,500 to cover staff time and any out of pocket costs. E. LEGAL • A notice of public hearing was published in the May 30, 2013 Sun Current. F. ENVIRONMENTAL CONSIDERATIONS • N/A IV. ALTERNATIVE RECOMMENDATION(S) • The City could decide not to act as the fiscal agent in this matter. V. ATTACHMENTS • Resolution VI. PRINCIPAL PARTIES EXPECTED AT MEETING • N/A RESOLUTION NO. RESOLUTION REGARDING LOCAL GOVERNMENT ECONOMIC DEVELOPMENT PROGRAM BE IT RESOLVED that the City of Richfield act as the legal sponsor for project(s) contained in the Business and Community Development Application to be submitted on June 13, 2013 and that Steven L. Devich, City Manager, and Debbie Goettel, Mayor, are hereby authorized to apply to the Department of Trade and Economic Development for funding of this project on behalf of the City of Richfield. BE IT FURTHER RESOLVED that the City of Richfield has the legal authority to apply for financial assistance, and the institutional, managerial, and financial capability to ensure adequate construction, operation, maintenance and replacement of the proposed project for its design life. BE IT FURTHER RESOLVED that the City of Richfield has not incurred any costs and has not entered into any written agreements to purchase property. BE IT FURTHER RESOLVED that the City of Richfield has not violated any Federal, State, or local laws pertaining to fraud, bribery, kickbacks, collusion, conflict of interest or other unlawful or corrupt practice. BE IT FURTHER RESOLVED that upon approval of its application by the state, the City of Richfield may enter into an agreement with the State of Minnesota for the above-referenced project(s), and that the City of Richfield certifies that it will comply with all applicable laws and regulations as stated in all contract agreements and described on the Compliance Section (S-7) of the Business and Community Development Application. BE IT FURTHER RESOLVED that on the date hereof, the City Council conducted a duly noticed public hearing on the proposed business subsidy in the amount of up to $550,000 proposed to be granted by the City to Pinnacle Airlines, Inc. if the City receives loan funds from the State of Minnesota. The views of all interested persons were heard and considered at the public hearing. AS APPLICABLE, BE IT FURTHER RESOLVED that the City of Richfield has obtained credit reports and credit information from Pinnacle Airlines, Inc. Upon review by the City of Richfield and Kennedy and Graven, no adverse findings or concerns regarding, but not limited to, tax liens, judgments, court actions, and filings with state, federal and other regulatory agencies were identified. Failure to disclose any such adverse information could result in revocation or other legal action. NOW, THEREFORE BE IT RESOLVED that Steven L. Devich and Debbie Goettel, or their successors in office, are hereby authorized to execute such agreements, and amendments thereto, as are necessary to implement the project(s) on behalf of the applicant. I - I CERTIFY THAT the above resolution was adopted by the Richfield City Council on June 11, 2013. SIGNED: WITNESSED: Steven L. Devich, City Manager Nancy Gibbs, City Clerk Date Date Debbie Goettel, Mayor Nancy Gibbs, City Clerk Date Date AGENDA SECTION: RESOLUTION AGENDA ITEM# 8 REPORT# 109 STAFF REPORT RICHFIELD CITY COUNCIL MEETING JUNE 11, 2013 REPORT PREPARED BY: MELISSA POEHLMAN, CITY PLANNER i NAME,TITLE DEPARTMENT DIRECTOR REVIEW: El AY --..��- _ SIG - .<A OTHER DEPARTMENT REVIEW: El vs- SIGNATU 4110 REVIEWED BY CITY MANAGER: C , ITEM FOR COUNCIL CONSIDERATION: Consideration of a Conditional Use Permit and Final Development Plan for the south half of the Planned Unit Development at 6400 and 6430 Lyndale Avenue. Plans request permission to construct a 25,000 square foot grocery store (Lakewinds Natural Foods). I. RECOMMENDED ACTION: By Motion: Approve a Planned Unit Development, Conditional Use Permit and Final Development Plan to construct a 25,000 square foot grocery store in coordination with the adjacent (north) mixed use development (Lyndale Gardens). II. EXECUTIVE SUMMARY In March, the City Council approved The Cornerstone Group's redevelopment plans for the north half of the former Lyndale Garden Center site. That approval is contingent upon the approval of coordinating plans for the redevelopment of the south half of the site by Lakewinds Natural Foods ("Lakewinds"). The proposed 25,000 square foot grocer is the final piece in the planned redevelopment of this large piece of land which will also include 151 housing units; 11,600 square feet of additional retail; and quasi-public amenities adjacent to Richfield Lake. Designation as a Planned Unit Development allows for flexibility in the application of zoning requirements in exchange for superior design and/or benefits to the 061113 - 6400 & 6430 Lyndale (Lakewinds) PUD community. The applicant has requested variations from standard requirements in regard to building height, impervious surface, useable open space, ground floor wall design, vehicle circulation and parking. III. BASIS OF RECOMMENDATION A. BACKGROUND • The Lyndale Garden Center site has been vacant since the store closed in 2006. • The Council has designated this site as a priority redevelopment area. • The property is located within what the Comprehensive Plan designates at the City's "downtown" area which is intended to include a mix of residential, shopping, recreational and business uses. • The property has been approved for rezoning from Planned General Commercial (PC-2) to Planned Mixed Use (PMU). This approval shall be effectuated when/if the Lakewinds redevelopment site plans have been approved. • A new four-story apartment building (Lyndale Plaza) was recently completed across the street. B. POLICY A full discussion of all required finding applicable to this proposal is included as an attachment to this report. The following is a summary of key points. • Planned unit developments are intended to encourage the efficient use of land and resources and to encourage innovation in planning and building. In exchange for the relaxation of zoning requirements, developers are expected to provide superior design and/or benefits to the community through the proposed site design. • When considered as a stand-alone site, the Lakewinds development does not meet minimum height or usable open space requirements, and exceeds maximum impervious surface limits. When considered in combination with the larger development scheme (including The Cornerstone Group's proposal), impervious and usable open space requirements are met. The minimum building height in the Mixed Use Districts is two-stories. This overall development will include a six- story residential building and back-to-back one-story retail buildings. The intent of this regulation is to increase overall density of development in areas of the City where it's been found to be appropriate. The intent of this regulation is met. • All new development in the Mixed Use Districts is required to provide ground floor windows along street facades, parks, plazas or other public outdoor spaces. Walls within 30 feet of a street or major pedestrian area must devote at least 20% of the ground floor wall area to display areas, windows or doorways. The west elevation (facing Richfield Lake) does not meet requirements and while the east elevation (facing Lyndale Avenue) meets the requirement, interest is concentrated at one end of the building. The front of the Lakewinds building is designed very nicely. The large mural breaks up the single-colored wall and combined with the large metal canopy provides a defined top, middle and bottom to the building. The large canopy in addition to the smaller entrance covering helps to brings the scale of the building down to be more comfortable for pedestrians. Additional treatment to the walls along Richfield Lake and Lyndale Avenue should be added to achieve these same effects. At a minimum, color could be added to break up the wall. Using a combination of light (dominant) and dark (recessive) colors would create a building that would feel less monolithic adjacent to the street, blend in with the natural views from the Lake, and relate to the darker colors used in new Lyndale Plaza and proposed Cornerstone Group apartments. • Code requires that parking drive aisles be located away from building entrances so as to minimize pedestrian conflicts. The proposed building is designed to abut the retail space that will be constructed as part of the adjacent development. This design clusters the activity of the combined site in the center of the development and allows the parking to be more peripheral, rather than the main focus of the site. The shape of the site and the need for delivery truck access then largely dictate the parking lot design. This situation is not ideal, but given the site characteristics, there are few alternatives. Staff recommends that the developer be required to explore alternative pavement and/or safety measures for the cross walk area, with the understanding that this area will need to remain accessible to and capable of tolerating large delivery vehicles. • Additional items of note: o The proposed plans indicate that a finished pre-cast concrete is the selected material. Staff has requested a materials board to facilitate better review of this proposal for compliance with regulations. o The articulation of the wall adjacent to Lyndale Avenue has changed slightly since the preparation of the plans included in this packet. This is to facilitate interior requirements. The new building line and elevation view can be seen in the last two 11" x 17" plans attached to this packet. o A parking study that included the entire development site (Lakewinds and The Cornerstone Group) has been conducted and was tentatively approved as part of The Cornerstone Group's application. This approval was contingent upon development of the Lakewinds site in a manner that would be substantially similar to the anticipated site design on which the study was based. This is the case. The parking study estimated an excess of 25 stalls on the Lakewinds site. Using city code parking requirements, the site plan continues an excess of 26 stalls on the Lakewinds property. o The applicant has worked with the Public Works Department to design a center median cut that will allow delivery traffic to turn left into the site from Lyndale Avenue, complete all turning and circulation movements within the site and then exit southbound again on Lyndale Avenue. Delivery trucks will not back out onto Lyndale Avenue. o Construction and delivery noise is regulated by City Code Section 930. Both Lakewinds and The " Cornerstone Group are aware of regulations and have indicated that contractors will also be made aware of requirements. Unfortunately, most noise violations occur outside of regular business hours. Residents are reminded that it is okay to call the non-emergency Police phone number to report any possible violations. C. CRITICAL TIMING ISSUES • 60-DAY RULE: The 60-day clock `started' when a complete application was received on May 13, 2013. A decision is required by July 12, 2013 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. FINANCIAL • The required application processing fee has been paid. E. LEGAL • A public hearing was held before the Planning Commission on May 29, 2013. • Notice of the required public hearing was published in the Sun Current newspaper and mailed to properties within 350 feet of the proposal. • One resident spoke at the public hearing and raised concerns related to traffic, construction noise and the appearance/design of the proposed buildings. Representatives of both The Cornerstone Group and Lakewinds Natural Foods provided contact information to this resident to facilitate ongoing discussion. • If approved, the rezoning of this property (which was approved as part of The Cornerstone Group's application) shall be published and effective 30 days following publication. F. ENVIRONMENTAL CONSIDERATIONS • N/A IV. ALTERNATIVE RECOMMENDATION(S) • Approve the attached Resolution with additional and/or amended stipulations. • Deny the proposal with findings that it does not meet City requirements. V. ATTACHMENTS • Resolution • Required Findings • Proposed Plans • Parking Study and Follow-up Materials • City Parking Standards Calculation Table • Planning & Zoning Maps • Reciprocal Easement Agreement VI. PRINCIPAL PARTIES EXPECTED AT MEETING • Dale Woodbeck, Lakewinds Natural Foods • Beth Pfeifer, The Cornerstone Group RESOLUTION NO. RESOLUTION APPROVING A FINAL DEVELOPMENT PLAN AND CONDITIONAL USE PERMIT FOR A PLANNED UNIT DEVELOPMENT AT 6400 AND 6430 LYNDALE AVENUE WHEREAS, an application has been filed with the City of Richfield which requests approval of a final development plan and conditional use permit for a planned unit development to allow construction of a 25,000 square foot retail store in coordination with an adjacent mixed use development, on land generally located at 6400 and 6430 Lyndale Avenue and legally described in the attached Exhibit A: WHEREAS, the Planning Commission of the City of Richfield held a public hearing and recommended approval of the requested final development plan and conditional use permit at its May 29, 2013 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 May 14, 2013; and WHEREAS, the requested final development plan and conditional use permit meets those requirements necessary for approving a planned unit development as specified in Richfield's Zoning Code, Section 542.09, Subd. 3 and as detailed in City Council Staff Report No. ; and WHEREAS, the request meets those requirements necessary for approving a conditional use permit as specified in Richfield's Zoning Code, Section 547.09, Subd. 6 and as detailed in City Council Staff Report No. ; and WHEREAS, the City has fully considered the request for approval of a 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. A planned unit development, final development plan and conditional use permit are approved for a mixed use development 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. • The property must be platted and the plat recorded prior the issuance of a building permit. • Cross-access and shared parking agreements must be recorded against all parcels prior to the issuance of a certificate of occupancy. • Restaurants and other similar food preparation facilities require odor control unless deemed unnecessary by the Community Development Director. • Separate sign permits are required. This approval does not constitute approval of signs. • Final building plans/elevations that include additional visual interest along the east and west walls must be submitted to and approved by the Community Development Director prior to the issuance of building permits. • Final building materials must be approved by the Community Development Director. • The applicant must discuss alternative pavement treatments for crosswalks throughout the parking lot area with City staff. Final paving plans must be approved by the Community Development and Public Works Directors. • Final lighting plans, including street lighting and Sheppard Hook pedestrian lighting in accordance with Public Works requirements, must be submitted to and approved by the Community Development and Public Works Directors. A maintenance agreement related to lighting must be recorded prior to the issuance of a Certificate of Occupancy. • The property owner is responsible for the ongoing maintenance and tending of all landscaping in accordance with approved plans. • Final landscaping plans must be approved by the Directors of Public Works and Community Development. Full site irrigation, including boulevards, is required. • A construction and maintenance agreement must be recorded prior to the issuance of a final Certificate of Occupancy. • The applicant is responsible for obtaining all required permits, compliance with all requirements detailed in the City's Administrative Review Committee Report dated May 9, 2013 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. • As-built or $7,500 cash escrow required prior to issuance of final Certificate of Occupancy. • This permit shall expire one year after it has been issued unless: 1) the use for which the permit was granted has commenced; 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. 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 11th day of June, 2013. Debbie Goettel, Mayor ATTEST: Nancy Gibbs, City Clerk EXHIBIT A LEGAL DESRCRIPTIONS PARCEL A: Par 1: That part of the following described land and accretions thereto lying northerly of the northerly line of Registered Land Survey No. 1560 and its extensions: That part of Government Lot 3 in Section 28, Township 28, Range 24 described as follows: Beginning at a point on the East line of said Government Lot 3 distant 1060.94 feet South from the Northeast corner thereof; thence West at a right angle to said East line a distance of 176.5 feet; thence North at a right angle a distance of 16.00 feet; thence West at a right angle a distance of 123.5 feet to the Southerly extension of the West line of Block 1, "Ray's Lynnhurst 2nd Addition" thence South along said extension to its intersection with a line drawn parallel with and distant 192.67 feet South of the Westerly extension of the South line of the East-West alley platted in said Block 1, "Ray's Lynnhurst 2nd Addition"; thence West along said parallel line to its intersection with the Southerly extension of the East line of Block 2, "Ray's Lynnhurst 2nd Addition"; thence South along said Southerly extension to its intersection with a line drawn parallel with and distant 225.00 feet South from the South line of Lot 4, in said Block 2; thence West along said parallel line to its intersection with the Southerly extension of the East line of the North-South alley platted in said Block 2; thence North along said Southerly extension to the South line of the East-West alley platted in said Block 2; thence West along said South line and its extension a distance of 202.00 feet; thence Southwesterly to Judicial Landmark No. 7 set pursuant to Torrens Case No. A-2547 on the mean center line of the bed of Grass Lake; thence Southeasterly along said mean center line, determined in Torrens Case No. A-2547 to the Northerly line Registered Land Survey No. 1560, Hennepin County, Minnesota; thence Easterly, Southerly, Easterly and Southerly along the Northerly, Easterly, Northerly and Easterly lines of said Survey to the Southwesterly extension of the Northwesterly line of Tract A, Registered Land Survey No. 675, Hennepin County, Minnesota; thence Northeasterly along said Southwesterly extension and along the Northwesterly line of said Registered Land Survey No. 675 to the East line of said Government Lot 3; thence North along said East line to the point of beginning; except that part of the East 176.5 feet thereof lying Northerly of a line bearing South 82 degrees West (assuming the East line of said Government Lot 3 to bear North and South) from a point on said East line distant 1176.3 feet South of the Northeast corner of said Lot 3. Par 2: That part of Government Lot 3, Section 28, Township 28, Range 24, Hennepin County Minnesota, described as follows: Commencing at the intersection of the East line of said Government Lot 3 with the Northwesterly line of Tract A, Registered Land Survey No. 675, Hennepin County, Minnesota; thence on an assumed bearing of South 55 degrees 14 minutes West along the Northwesterly line of said Tract A and its extension a distance of 178.99 feet to the actual point of beginning; thence South 72 degrees 50 minutes 34 seconds East to the West line of Tract C, in said Registered Land Survey No. 675; thence Northerly along said West line to the Northwesterly corner of said Tract C; thence South 55 degrees 14 minutes West to the actual point of beginning. Par 3: Tracts A and B, Registered Land Survey No. 1560, Hennepin County, Minnesota. Torrens (Certificate of Title No. 1075759) PARCEL B: Par 1: That part of Government Lot 1 in Section 27, Township 28, Range 24 lying Southwesterly of the Southwesterly line of Lyndale Avenue South and Northwesterly of Registered Land Survey No. 675, Hennepin County, Minnesota. Par 2: That part of the following described land and accretions thereto lying southerly of the northerly line of Registered Land Survey No. 1560 and its easterly extension: That part of Government Lot 3 in Section 28, Township 28, Range 24 described as follows: Beginning at a point on the East line of said Government Lot 3 distant 1060.94 feet South from the Northeast corner thereof; thence West at a right angle to said East line a distance of 176.5 feet; thence North at a right angle a distance of 16.00 feet; thence West at a right angle a distance of 123.5 feet to the Southerly extension of the West line of Block 1, "Ray's Lynnhurst 2nd Addition" thence South along said extension to its intersection with a line drawn parallel with and distant 192.67 feet South of the Westerly extension of the South line of the East-West alley platted in said Block 1, "Ray's Lynnhurst 2nd Addition"; thence West along said parallel line to its intersection with the Southerly extension of the East line of Block 2, "Ray's Lynnhurst 2nd Addition"; thence South along said Southerly extension to its intersection with a line drawn parallel with and distant 225.00 feet South from the South line of Lot 4, in said Block 2; thence West along said parallel line to its intersection with the Southerly extension of the East line of the North-South alley platted in said Block 2; thence North along said Southerly extension to the South line of the East-West alley platted in said Block 2; thence West along said South line and its extension a distance of 202.00 feet; thence Southwesterly to Judicial Landmark No. 7 set pursuant to Torrens Case No. A-2547 on the mean center line of the bed of Grass Lake; thence Southeasterly along said mean center line, determined in Torrens Case No. A-2547 to the Northerly line Registered Land Survey No. 1560, Hennepin County, Minnesota; thence Easterly, Southerly, Easterly and Southerly along the Northerly, Easterly, Northerly and Easterly lines of said Survey to the Southwesterly extension of the Northwesterly line of Tract A, Registered Land Survey No. 675, Hennepin County, Minnesota; thence Northeasterly along said Southwesterly extension and along the Northwesterly line of said Registered Land Survey No. 675 to the East line of said Government Lot 3; thence North along said East line to the point of beginning. Par 3: All of Tract A; Tract B, except the northwesterly 15 feet of said Tract B, and except that part of the southwesterly 55 feet of said Tract B lying southeasterly of said northwesterly 15 feet thereof, all in Registered Land Survey No. 675, Hennepin County, Minnesota. Together with a non-exclusive easement for driveway purposes over the Northwesterly 15 feet of Tract B, Registered Land Survey No. 675, Hennepin County, Minnesota as shown in deed Doc. No. 536923; (as to land in Par 3). Torrens (Certificate of Title No. 1169344) STRIP PARCEL: The Northwesterly 15 feet of Tract B, Registered Land Survey No. 675, County of Hennepin. Required Findings Part 1: Development proposals in the Mixed Use Districts shall be reviewed for compliance with the following (537.01, Subd.3): 1. Consistency with the elements and objectives of the City's development guides, including the Comprehensive Plan and any redevelopment plans established for the area. The City's Comprehensive Plan designates these properties as part of a larger mixed use district encompassing the 66th Street and Lyndale Avenue area. The intent of the mixed use category is to focus on creating a city center in Richfield that will serve as a "downtown." The city center is to include a mix of residential, shopping, recreational and business uses. 2. Consistency with the regulations of the Mixed Use Districts as described by Section 537 of the Code. The proposed development meets the intent of the Mixed Use District regulations. The proposal deviates from regulations as follows: • Building height - The minimum building height in the Mixed Use Districts is two stories. The proposed co-op and adjacent/attached Cornerstone Group retail component are one story. The residential component of The Cornerstone Group's development is six stories. The intent of this regulation is to increase the overall density of development in areas of the City where it's found to be appropriate. The intent of this regulation is met when the site is evaluated as a whole. • Impervious surface —The Lakewinds site will decrease in impervious surface from 97% to 92%. City requirements allow for a maximum of 85% impervious surface. The overall development (including The Cornerstone Group's proposal) will exceed City requirements. • Usable open space a The current site provides virtually no usable open space. The Lakewinds portion of the site will include a patio for outdoor dining and an employee patio. The Cornerstone Group's proposal includes usable open space that will be shared by all users and far exceeds City requirements. • Windows, blank walls and design of the ground floor—All new development in the Mixed Use Districts is required to provide ground floor windows along street facades, parks, plazas or other public outdoor spaces. Walls within 30 feet of a street or major pedestrian area must devote at least 20% of the ground floor wall area to display areas, windows or doorways. The east wall of the building meets this requirement; however, most of the visual interest is clustered near the building interest. Staff recommends that additional changes be made in order to break up the remainder of the large, single-color wall. Visual interest could be added through the use of additional windows, display areas or variations in color/material. Staff recommends that this same treatment be applied to the west side of the building that faces Richfield Lake. • Vehicle circulation and parking — Code requires that parking drive aisles be located away from building entrances so as to minimize pedestrian conflicts. The proposed building is designed to abut the retail space that will be constructed as a part of the adjacent development. This design clusters the activity of the combined site in the center of the development and allows the parking to more peripheral, rather than a main focus of the site. The shape of the site and the need for delivery truck access then largely dictate the parking lot design. This situation is not ideal, but given the site characteristics, there are few alternatives. Staff recommends that the developer be required to discuss alternative pavement treatments and/or other safety measures for the cross walk area with staff, with the understanding that this area will need to remain accessible to and capable of tolerating large delivery vehicles. 3. Creation of a design for structures and site features which promotes the following: i. An internal sense of order among the buildings and uses. The proposed building is designed to coordinate with the adjacent mixed use development. ii. The adequacy of vehicular and pedestrian circulation, including walkways, interior drives and parking in terms of location and number of access points to the public streets, width or interior drives and access points, general interior circulation, separation of pedestrian and vehicular traffic and arrangement and amount of parking. Facilities are generally adequate; however, increased safety features for the crosswalks should be evaluated. iii. Energy conservation through the design of structures and the use of landscape materials and site grading. The proposal reduces paved areas as much as possible and has been designed to coordinate and share parking with the adjacent mixed use development. iv. The minimization of adverse environmental effects on persons using the development and adjacent properties. No specific adverse impacts are anticipated. Part 2: 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. See above— Part 1, #1. E� f 2. The proposed development is designed in such a manner as to form a desirable and unified environment within its own boundaries. See above — Part 1, #3. 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 development is in substantial compliance with the intent of the guiding MU Districts. Deviations from MU and Performance Standard regulations largely disappear when the development is reviewed as a whole with the coordinating Cornerstone Group development. 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 proposal and do not anticipate any issues. 5. The development will not have undue adverse impacts on neighboring properties. Undue adverse impacts are not anticipated. 6. The terms and conditions proposed to maintain the integrity of the plan are sufficient to protect the public interest. The final development plan, which establishes the terms and conditions of the development, meets this requirement. All uses are conditional uses in the PMU District. The findings necessary to issue a Conditional Use Permit (CUP) are as follows (Subd. 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 proposed use will assist in the implementation of the City's Comprehensive Plan by adding an additional business to the City's "downtown" area. The proposed use is consistent with the intent of the Planned Mixed Use District and the underlying Mixed Use Districts. 3. The proposed use is consistent with any officially adopted redevelopment plans or urban design guidelines. The mission of the Lakes at Lyndale Plan is to create a "thriving urban center" by "provid[ing] more housing opportunities, upgrad[ing] commercial properties and offering] greater enjoyment of the natural and recreational amenities of Wood Lake and Richfield Lake." The proposed use and its integration into the larger mixed use development is consistent with this mission. � -g 4. The proposed use is or will be in compliance with the performance standards specified in Section 544 of this code. The proposed development will comply with performance standard requirements. 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, Engineering and Recreation 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. Adequate provisions have been made to protect the public heath, safety and welfare. 7. There is a public need for such use at the proposed location. The City has designated this site as a target for redevelopment. The existing vacant building is detrimental to the area. 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. c (� - I • , / 1 SHEET INDEX Charles Lakewinds // �:,� AO COVER SHEET Architects ., , •,} � - `, '•� G001 r& ; N y//i G002/ � a 3' 1 C1.0 c= r :, ' C1.1 C1.2 ON PLAN Minnesota \ jl�t .� C2.0 GRADING AND DRAINAGE PLAN 55404-3150 NATURAI FOODS 111 . ,i �? / C2.1 SWPP PLAN# P:612.729.5333 `°1: • ! V ,! 11111 L1 LANDSCAPE SITE PLAN F:612.729.8351 '� 6 Y ,,y a �? E:chuck@clevin.com aA . sr/, z rl 04 ``+ _r1A11�� Al SITE PLAN 1 t� � . T A2 FIRST FLOOR PLAN ARCHITECTS PROJECT#1515G rYjf4 P.U.D PLANNING AND ZONING APPLICATION A3 MEZZANINE BUILDING SECTIOOOFPLAN ':1 A4 BUILDING SECTION 1 . 4111111*,'' ".:. ,,' 1tY A5 ELEVATIONS •` 4 t 4'*' EO SITE PHOTOMETRIC PLAN i....akewinds F'f• `$ f -, I:Al UPAi.IC?CI-∎5 c 3 a 4 t Office: 6321 Bury Drive#21 Eden Prairie,MN 55346 ISSUED:4/29/13 PROJECT TEAM REVISED:5/13/13 OWNER: LAKEWINDS NATURAL FOODS DALEW@LAKEWNDS.COM 952-512-2101 ------ -__ SUITE 21 6321 BURY DRIVE EDEN PRAIRIE,MN 55346 ARCHITECT: I hereby certify that this CHARLES LEVIN ARCHITECTS plan,specification or repo:, CHUCK @CHARLESLEVINARCHITECTS.COM was prepared by m•� 612-729-5333 under my direct-sAup- IN ..c\pN 2300 MILWAUKEE AVE and that I `�`\��uG, MINNEAPOLIS.MN 55404 Licensed!. �y'' .ler the laws c,O.e MN. -b CIVIL ENGINEER: V N STARK ENGINEERING WAYNES@STARKENGINEERING.COM 320-249-2611 Charles Alan Levin _ 320 SECOND AVE.N MN License No.14672 ` SAUK RAPDIS,MN 56379 Date:xx/xx/xx LANDSCAPE ARCHITECT: RICHFIELD CUNINGHAM GROUP JROBIN @CUNINGHAM.COM ---.�._ _ _. .- ;^;.=="°�.,,-... � _ _(,� - 612.379.3469 STORE I ! - t SUITE 325 "•�+.,,_ 201 MAIN ST SE _ -�..5.,_--_-• \ MINNEAPOLIS,MN 55414 Store Address: - t.'f�0tr : , � � 6420 Lyndale Ave.S. _ t •r - SPACE PLANNER: Rlichfield,MN 55423 -- i i ROBERT GORSKI AC f. —�•� BE ASSOCIATES _ _ _ RGORSKI IX ETCOMCOM • � .� - d _ 952949082.N TT��'' - _l l- r •t if 1 �. ••'4 I --.� SUITE,01 AO / .I __q �"• - .� - ""° i 80 WEST 78TH ST • y...- ...r - ,t.� -. 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" .:':-.:' 2.ri.\,•,, o Z it ..I -I • , , i, ,-\,.`•-. \- ' . ; \ .. _-,.._20_ _:- ?-rr,,,- ... •,. , ' v ,r•$ - s•,-", ",:,....,"'...,,„ ,. ,. ,r ,---... - •.•‘-r-r • \ ,,,,,, 5 .J tact Ili i, ' ,-. ,. _ • • -.- -'''''' -,'.-.- ' ' ' ' '-\ .P.,,,cits- I i .... ...• _:. \ Pond s5,0,5 ,,,,,,,.,,-)' '::•-•--- '‘,""), . • - . •s,--,!s5 •., , ,,,.. .. , , 7,_,.,, \\ \ . , . .. •P • .., , -). • .1,••0_, . . , O. (f)2 Z . I.-:......'.'.-..... 1,c, I, . i, >., (.1, . \ -, , %% 1-90 \P •,' ''.•;.kN. -I r'-' K'''' 1.--.Z.I, \ .s.' \ 1('-°0 ' - A -''0.4:0''• -,. 1,01 .65 ' • `'•-• .•-•' 1 x 6.3 IK LU < ••J -...,.,1.., \\ \ '•--.'*,, --.'•-' ''',...--°°` '1.1?.,`*-Att. :i ',, „,-... .,-N's";\•:,:‘.'4 .-h- 1...•=0iir."1 (/) ..., , \ irts) '.. \ -,„..,,,,,.'',-,e• 1..,,,-., %'ttj:tk;t4c1 `I' ': ' .''' '' \:S.'?."<• \\ t 19 III■/ 0 4 -). Gross Lake '-. \,\\ '''''''4!`•*.Vn 1•:‘."';.gi.!-.."„ 1. Is, I.VI #'-es, '\,,s.- Ng.N,.: ... .. . . . _ a. 1- , , - ' -- -,-, -,-;\ :7:,,-Z.1.;;T:',`. 17=7:Z:7'..!7...:.:;`,?;'::7;•. ILUAI.IMSCRIPII(19,Mr Cannanneal.land ladc Inv..Cempany.Nd Arnendal Commems-nt(9-30-2011s Ink Ira..Mk No 27(.9.71....cfrestise al.et Sepknaber 22.201 II ".• S..." Iss-Issr es rn_111,.1.11esslat,Is a.,-sss to Iss..,`13,-,,ss I 0 ...I '1.f.:', . , \\ ,. i-..‘Are rr r %:,..,/•';',.,.'1, -,1 ,r I r, \,ic.„ , .k1,:, ''''..,,, PART,A- ,, e„ A ...1. •a a .--; '1\ '..3"I - r 9. a'". \ ED Tf--,>. et .1 Pal- '1-1:.•' \ ''''. \;.•; ,9,. • r \ s• 3.C' 4 , o, -..-. that pars of the folk.,daubed land and a‘xts-bun...,tong noolval,ef the nooks ty lark et Reg..level Sasso No 1560 and Rs°stemma .• '1 \\ - A , \ A.-,:,-..... ...,_ . , . , ,s, Th..r...of fin...1.1 In Section 28.Tossustrip ZR.Range 2.1ds-,0A.01 as foIlser Peginntn.a a peal on.F.line of saiIC osclemnt 1.01 7 altstant 1060.91 f.South Iran the Non..cornea them.thence Wen an•risk R1.,s .., \ rDa T . 9 .s ,a a'1r, s''' '....' ',el .' .'-' •-_-„;• ,...J-. 1/4,-. ,, `:--;-; ,,,, ..0,to mid latt lif.a Jislaft“or 1,6 5 feet ONT.,North at•right angle a dors.of 1600 krs.the...at a nee angle a dastanceof 127.5 fon tot.Soutlady ea/Nation of I.WCS,WC 0 Block 1.1tAl 8 INNNI MAST IND • \ . . ,pr._ , -aL a• t a . - ADONION-Oknee South shag said mhos.to.aratersection..n I.drawn petal.vah and.9.192.67 fers South of the Mated,cum.et the South I.of the laal-West alky Matted an sal Oksk 1./RAYS 1 TNNIIIIRSI \r.,,a.\ • 11.,..q."1".g a".1-,". •'D'. \I g P,9`, a a' - %• ', . Ng • • 4 .'\ 2ND ADDITION'a theme W.Mon.sad parallel line to iu inicrserneo with the Sogibetly eaten..of the tat Sac of Bk.2.'MD'S LYNNI RAS]2N17 ADDITION%....hillOng said Southerly COSSISKII 10 th Wagers. " \ nith a line drann parte!.eh and drstans 225 DD fect Sou.from the South lane of I co 4.an said Rhsla 2.II.,West a.,aid pars.line to its nest..w.the Southerly coca.of tlat.lane ol the...South nlk,planet. ilkiii, . "'. - .Ihr a • '1-SrTra...-W;.....41 01,1,4; ,,,, ' %.F.`' r,,n „,r.a Sre.,:\''\:\•\.'"Is', /0.,. a ' said DI..2,thrs.Noah ulak sod Franbetly SalsVisiOn lo Os South Ime of the 1.1.11.a.,plat.in said 131ttA 2,thentt Wen ahem aid Suoth lino and its cskrann a Sess.,.1202 00 feet theike Southneactly lo halisial '•i•'\'.7 p '"Dt.'•::;:-W..-;,...,..',I:3„, .;..1,,,, j ,,,,,,,:,s0'',.: • '!..,. ,,•:, S• <`''' , ' ',, La...fin.7 set pursuant to Terre.Cak Nn.A-254-on the me.crater h.of.1,8 of(Trak Lat.c.theme Scadteatals°long said mean ccOKI Imes deism:not in TOSSCISS Case No.A..1547 to the hooks.line Reg..Land \g;.. \ Sas.No 1590.I lamer.Cnuoty.Mimes...Ettedy...1.1,.Easterly aaJ Snothrsly almq;ilk Nat...E.es1).Norshrsly end Eaten)'mesa sad Sun ey to the SoutImcsktly estensieo of.Notthnenefly luse of Tract a ,... a a,..,\1s,. S541381-3.68..,,e11,:aea:,,, a. ..4.,,,_"eg...,,, t p,ah. 1 s .,,,,•;Se:\-a , \ A.ReMstearal Laml Safi en No 675.Ilettrpin Costa,Mane.,thence Nand.nal,ars.mad SI.h.cSielb esksisioil and oh..Nealmeoetly Ime amid Remmeted Land StSse,fits 03 to the Trat line of aid floommein Lot 3. \‘1„N .I •", '-. s) . \ elf,---=.44,.,,k.AkIgh, i isi,' - Ihenre Not.aloe.said Eart Ime to thc NMI of beaten:on.except Illat pan of the Fat 176 5 fors thrseof lying Nostberls of a line beating Ranh 1,2 dcgrses W....the E....1.of ma I:moaners Int 7 to beat North onal Sonthr \''. '1°1:?6's6-36 _ • .••..---..-1";•Ilt,t,-::. •-•, I., ...'..7:.,-,-;.•,..-0,....-.',,,,----"N.., , :. -,,,, ZU from a prim on said Cat lane doom 11,1.1 Seuth of the Non..consyr uf said Int 7 '\ ' - . ../ ,I, ,•\as. 6n3/ 'Z''.- ...-S.4,‘,!4"..P' ...--'"..' .. .e g. e•..',,.,‘,..•-"•."aa•a's 1%.,.,5, ., '4;1. Cp „. ,1 , ) `t s „.10,,•' •, "t:..iiiN 675 ''.,.-' -' '-'''' .)>'''''' rat 2 ....• -Lk. '‘ z 4- .•,---:':s`.::-..-;•‘. ,c,-4- Ilan ma°Slimes..1 el 3.Swan 2A.1 or mt.2A.Range 24.II...Os.,Si.IVV..t.&sun.os loll..Cononerking al ilk Ir....hon nf.I.late Ms..Co.:mown,Ise 1 web the Natl...line an Tract A. \ / \\ '.,..--,'0''.:' I,/ -.4;',::.'%, - e.rt .. . r 2.-.....,.;•.i,r;„-, fttgirsrsed land how,Nu 675.Itennepin Coat..Slims,.thence soon a.m.heaong of SnuM S5&g, 14 usinut.Vacs.akog the Nostharsady I.of sad Irat A.d Os m.o..,a&Dame of 1"tt 99 h.to the anal pamt • \ al \ ---'Z.'''' \ '...'re ',1:-Lct,---.,- :•-.-,.---- --- --,--..----.. -,..',,t --,-,-•'t..,_ . ,---i--, ,- , -----:Le,;ri.,.-.2 `,,,-..4 12. a, of Ittgionisa,theme Seult,72 degrees 50 riunmes 74 se..East to the Wrst line a-11.:1c.n SSA flegi.oll Land Sm.has 675:thew.!Web.'Poe sanl h.Imo a the horshorshely sneers ot aid Irael CI Ram Sonth 55 \ \ . degrses IS minute.Vint to the.0.11 point of I...inning • , I '' N 7,- :.,,-,........,.. i: of ,,,,. _.... Pas 3, \ •/ Ik -.2.‘ . • •••-;:' , _.., ... 4,,.. ...,, Ln_en Waets A ant B.Regoteted Loral Same,No 1590.Hennepin Oa..Man.. \ \ (‘'S*;e:•4 4;t4'lis I l' A ). ., e, ags M• I" IglOr -a'.-aa ..g. pa".• • ,..\.. .., ...„..'(,.:t.s. .,/s .7 ,. -,-,..-'/y.; ir,reAr.,....!,,,.. ... , Teo.tettsficale WI.:No 1075-37i ' \%•a ev.,p ,,,--,:-.. 1 ,,, ,!-,:,,,,,,,,,,\,:i.,.T.,,,,,,,,„„,,, Tr',.:!-!-----,, ,:-• 0 ..-. ,4- . -- --N ,' D L.n IIARCII II , „e,./. \ A V." Po I, 1 / lhat past of Genera..I ol I In 1.1.27.log..2e.Range 24 lyang Southwest,.of the Fautlosausly lane of I'mirk Wong:South am)MeMunsterh a/Rem...11*nd Room No 675.11...C.D,M.N.+ \ ez ' 4\''' I' ' "I f: '.""e'''''':07,' N!':::,a,.-,'.,',..-±•"'•'' .,so''' .ThsTI.,.: , ' ZUj (r), Z / , .....-. _•,, • ••,:%,.., •,,\„.-- , /A\91-111P,,•''', \ 45' . • 800 Cattsrpos y efs/ 0 1.pan of the'A.m.des..lard and att.°.thasrso Is ing muthetly of the neet1.1)Ithe of Reg..Iasi Soncy No 1560 and its c.rsly CO... ‘‘1 ' \\ A '4,,M.714'!",:f ...,,,c-, C - 1.- a) •O Thal pat of lina moment Lot 7 in Son.26.Toon..28.Range 24...ad a folios,:Bet...at a point on the Lan lire of said tiosetuntol Lot)distant 1190.94 I4 South Imot.Notthea(caner thrseof.the.N.al a nght ,..7'."--.-- PIO NO.27-02E1-T 4-23-0085 '' •,•,,..k.:4' •., 'S-- . ,, .,...„. angle to sad tau hoc a daslarse of I,5 Frei,thrstte North at a nght angk a datance of In MI feet,thence W.at a sagN angle a do..of 121.5 1.to the Smehrsly eakman of theWest.ef 111.4 I.'RAY'S I 1,11100ST 2ND \\ i \ ' (cle) <> ;2. AMMON"thenee Stath along sad ersantoo to Os...eon gait a I.drawn patalkl.Rh and thstan 19167 I.Sarth of the W emstly estens.of the South hoe of the lat-Wert alky planed in mid 131..I.'RAVI LIMNIICRSI _a) \ 52/ .rt •A 2ND MIDIII ON%thence Vint along aid pasollel lino to in imencetion nog the Soothed,0,000..1 tbe I at ho of Bk.2.'RAY'S LYNNIILMS1 2NI7 ADDITION%the.S.h along said S..ly....on to.intersectinn ' .1 . / a „,.... s :, .„,... q,. ugh a bac&tun paulkl wt.and dtslant 225 OU fttt Soldh frem the Nada I.el Lot 4.ta sad 13.1.2.thence Vanst akog ssisl pandkl line to ih intetthefien kith the Waken/t.ttion of thel-a,lane of the Not...alle,planed m .. \ , ,- ‘,‘.`'.-,'" Isq' ,d Dim,F.theme No.shve Nual Sastbaly coena.to the South I.uf Ilk 1 arsW esa Ass planed in mid liket 2:ea.West along mkt South line and in rat..a...n:202 00 fect.thence Fauthsestelly to Whin V SO . ',IN- /.. t •8„ Z -0 ... Lam..No 7 set pan..to Tokens Cath Nan A-2,41 on the mean..Ime nf the bed of Gt..Lake.thenee Seothearesq akng still mean eenkt lion.detenniskal in Tana Case ten A-2547 In the Nonhals lane Regaskscd1 and , . . S.cs No 1590,Hennepin Co.°.Mirneugsa them.Pasted,......s.tautly.18.berly alns the halbert,.lamb.NorthaIs ad laterls honor sad.so to the Sou.orsterls roe..ef Ita Nordnorsealy lane of Ts. . „ ,,...„ , a •a .' S. \ .. A.Rey..I asalS.ey No.673.Iternepin Coas..1.1.-.3 gars,:knobs-asters,eke,awd Snatleacsk.mtensgon and alorg.Nosifms,sly I r.of...gm,.rand Sates,6-5 u•ths leS1s.of>est Coschmuht I ca4 3. ., I ,'' I et C >as the,.Nosth along aid Fast hoe to the petal of beg... \ ./ ' - - 0 -I ° An el It.A, U Ts.D.gasp the Sallhoested,IS(<0 of sad D.R.and meeptIhrt son of me sotatmemealy 55 fers°Sand'Naafi h.sou.eashaly et said n.hamady 15 fttohaeue BD in Regnietal Land Sass,Ns 6.5.11.cpin Costty.Slinne.4 T o g e t h rs welt a nonaaelume ex..)let thntt a,tarp°.os a t.harsh...,1 3 I.of I ors D.RegtOrsed L a r d S..No 9-5.H.q.F nett,SW...a those m derdl.,-5 Dag".I.k land in I.31 Zlij l'i) 1noms1Cenifiesk of Tint Nt.11.1441 1ThE1161.11a1.0. /•• I ?a ont.on norship is/earl in Rattlx.Rhahfield LLC,a Muth..tangled lohlats or.. ADM DONAL PARCII DESCRJPTIONS. 2 A rSs l mop./is 411026 at P.m 9....See Atea Task f.1...reel alas, ff.I?RM.PARCI 1, Parcel Aa 335.820 sq fl et RA"arscs ARE:L.101E Pshel IT 77.206 aq ft re 17 acres PROPLIITY DESCRIPTION per Commitment R.,Ink la..runce by Conthangealth Land 14k In•scams Comps,Conseitment ho 211510 PRO)010.1A.ellemse Nee INte a.Lanka'Resseal.ng parers A 155.814 se A et 4.1-ates 1 Worm,0 Ion.Wendiate of Ink No!WSJ,/SIA I 169301 Pahel A 7%206 se 11 a 1.7 setts 17RTIRCATION• PAR I 4 thopest,as mosslIX-.211insnal t ominersul 1.000 srs.appi.hk ton.fegullaras Pa... 22.551 91 A or Me ars. 1 hereby crs.to I.Comenkne li,up.Incosporated.•a adirttrota ecapotattn.Rtteho Rkhrtcht REVISIONS -1.pan of(imetiment Let 7.Seaton 2e.Inn nshap 2qt,,2•1430shh.,ss fellogs LLC.a Mum..I,..36 Whaley corm...C.mmoonenth Land blk leanatte I omen,Lacal Ship Pace,: 1.7,0 mq 11 el 0 Matt. 3 Ignhaek aroma.boat.Oh,Rhhfkan Ineatna Sups.Carona..a Nen go.net-foment e.o.m..lfie Ilernepre.C.. --1- - Beginning a a pant on tho fast line nt thialt.elan.Int I dna..1171 1 firs South f991 the Nem..some,of°Mt Cos...,La 3,Okay to an aourrallseri.ot Nona/aka)sael NMI..a slnuose or%16 Ins thence Wes, Itaild.ng arsnacks Psinsital Welding Ars.....IN... sal.. 45,125 sq fi of 10 54 as. Ilemme and Rrsksekapment Aut...e paNn W.caporne anal math...the 14..of Ilk Stec ,. at a sight ansk a°mance ni 176 5 Icrs.lice...at a nen.agle a elman,of 95 I"hrs.woe to less.19 an a nterecartt walla lare...mg S..g2&gam.N.h.the roar elaNetonng.I.,N.."WM./."OF TT NM- 1 tomage Suers 35 fers 33f<57 of Mmes.;lbe Ilo.tt aral Redact..A.m.in and Mt the Coy uf Richfs.1.a MLitt more or.,to the point of Ingmar, Rear PM..MR.R.11 203., 11-al body...as..polek on.the has el the Sok el Stemeau and',(Oa.hletepolnan , S.I adpetento R.11-1, 231.23 20 Teo Ilnarene Crap.. P511 SW 4,6.3 01-al 'Inn Is to cert.Ism dm map a Mat and the alies On a,Lech ta o Iv.nett Irak an anorderke II-or g...of tanctarn.1 et 1.Sesfier 24.le....24.Range 24.1...s.at•pagnt on 43 1-11 Ink m sad Lot abstah:South I 1,7 fers fr.the Non....thereof.then.Noah on sat I ars 1.45 ron.the.South 62&gr. NM.aghscis web the 2011 Man..Szarstud Detail Renenernents fee A1.1/VACS,'La.I Ilk Smeys tv.ra: west t o a Isak dr.a pan..Oh.1 J a t a n t 3761 feet 0.,of Illx Vas Ime of'ALI(imrsana.I..t...h along anima.fine tn a lane&sun health!&gas,Nen Dom ilk pars of Ittgernang thence North F1 Am.Tars as 11.5123.66._i 111,6 to4801.d and nIng.lag Al TA a.NW,.and usalotts Itent,1.4.7141.7151)IS 5.11161,1 3 t 4. !SSW.PUS 'Vie.: gal pant et Sega.. lanago be Lane IA..to R.MI 1 15 krs Irsaal 17 of Ta.A Mersa T.NMI ged.n a p.n..am Aril 1.NI 1 and 0:9.1 I 1.2011 1101 15 Ire tone 1 rahattnt to non A.WI) 36.) 11,sse23 Prc,Iy.,cdirnaul si I nit Nu-433111 6 Polong(num•27 n•x•Scd shx, - I.mopoly has ars..to 1 s Wats At,.S.M.a&Shashi NM,SITCSI Dr'ce '/,,,, 1-1.',,k,"'',0-th,r+,,r<■.,,..,,,,,.Lyn,..k Ateole hath.k.,-t.ro.,.SIN$.1Z1 PRELIMINARY m Aare 1,s a, SIR!?PARCEL. 9 Al..-madol attars hay Wm field Inakd a-Alone All aukspeund uldny basks.S 1.-11 act,a'Ow.',wpm,Nor 4.9,1 to Iv 001,1 I.,.■Nongh the/ask.01.9.1 31414 01,Call NI taler num.I Ifirsea37 I lank. s,stc of el,.1 iLs sysnruslo.ta.I.s.1.fs,Ilocas:as-wound totilli,Imacon In thett cam allem shows,are Ssm,L.of Ite.htklal ant/mesa...oath I Ns.1,,"aaa•-•••00 Paso.,"Pm dm aoshraff.M OW"sh.•nannna" al,such man.in the ace...ln a..m ansaralmal Ilse raw.Dud.dom.amr.t.dye inaingteued tale.shown am m ate CASS11.:aussn ssinstalahhosqls he alms trs.that they are kg aaal as attvattly as posoLk Carlson McCain,Inc PROPIR I I/laSt R1311011 tROOPAttl I IR ANI 1-R tn.11,ta1■4...a.W.110.0 ut.0,!us v.1-i ,,11...the shlermsnal statuses Putt km,ewe,a.e Mpg..no.Gopher Sok(.,Can no n usgsk skata.°A t aqtaoIt •, for Ilk magas,I.to Sad rs.X tattadvarsomed to be out...0 2 agasautl hane Wed..es damn,.en 11.1....Rae Map C...Meal Nom.270r I(oiVil-r',sons,(,,,t,r M,s,,,,,s,,,,,Srs,,,,,s, Mene St,us-Sssrs Ilse Sordonstols.5 los ot I IA t II Rem..land Sun es No 675.(omit,te Ilene:pin IN Fed,al rth:rgrgy Wnsigese.Age.etta toed.Sept..2.21.1 G001 ___ . .. .3.3,, ...,cv...) . a r / s LYNDALE GARDENS NEcoBe Gov: Lot4-- 11s: R.T. DOC. NO. South Ilse of Lot 4,Block 2 Northerly Eat.of E-N alley I L) A \/ i \/ !.I f.I ' ' ' ' /r T h1 r\ A ■- 1"\ 1 T t ,-' A I 1\ /--1 I '- L I 1 c I v F7 11 i\ .2 t z- I v Li /- V Li i I I �/ 1 v ` d U cei3 oI•S8g07133, -� (' ,_ „ CO w' c(I) - M - =�= �p ry�o ,_ CJ-,3 S89°11'50"W Line,p'Vale)with d_ '. V 1 ° W92 Het south of° �`�, fib'�h I 6 L_ 0 DEED=202 00 z west of E-N Ilex , o , Co<((:l 202.02 ---- - , Y 1 N 3 S88°24'50"W r^�� 2c 0° I '°. �, 'I ° S89411'50"W ----123.49 ,,,,,,r-V6°\6N88°24'50"E o-;I o /�/ west ly t o f south I-ne-, south line of E-er Alley,61k 2 '1,'--- 90'176.50 9,_ �,d r of E w Al y.3,,2____ �-128.01 - - t PP -- O 44.50 C� -['•°,„t f 8e9'4n,n 4'..' - • 181.57 132.00 Il and Poin 9 P°reel q /'V/ T tip°°',.; Al 0 S� a`O 3S 589759,55"E °r Beg hn,n9 Porca!8 r ) 4 o O '`� �° (Pa.2 ° i '0 �O- _ m° voe°03 27•£ 140,1.35'10"W �O��i3 `9J^ 0'{y 1- \sa°\ 11.87 - t3s D tee•.a L° Line F :Iel cairn and 225.00 fl-J' j o \\'16' t ry w n ry south f south Joe Lot 4,61k 2. a O. (/1 n\ w _ • 176-G'------_ p\ ' 3�rG �\ \oPO m�I Pon,is - fife G W W Aik 0 '- a Pond -N€ A,,,,, - -) �.. 1 1 o ) •f V/_ v N6 20. ryi5 T ,v Q �r ea o �.` • '69 w Co I O° S 9 0,0'''W0.,,,v ° �� vHSS •LS e tens�oi56o aim Q co o c''',.,..4,,,,,,,,,„c,/ \ Aa)48 _Ene EELS Na Z N OUTLOT A e i ,- N a C sy(Q`Sy,, o\le.,se t1 4888!A 1' ' h`` Y c } le '� 4° \In __ • +ss�^. _ ss� D e.°'� ?'CO,oe - .-"` . - 6°8?2 I^ r^,m w ce,rr� t s N9a'o0'CO"E 769.53 d'o� c•• 'os \ ` 67.14 • 56.°5• 146.31 • 'UN se A 4 5,,..s`04 lnterse`L1o^nd*1�/teneeo,nR�S 1560 (775 tC or to s. a line)64615,61E --harm%we R S No.1560 \ S6`�TSD .',\ y ° r� A, .-Gross ° _ N80°24 .\ - V F n I n ''',3,1?, ` O r� Ohm t ') k 2` `a L _I \ Pond I ?'% j i ^ e J\ ot set � •p Rx tii ,..0- I' \` • m l� O�co. I.vet 4 P _1 L I v -.) I v 4o� ' tfl-„15',0 (-.' ,, w, 6 , � \ 3V F `h9� 9 t G 5R k (comer n ('1,(0 cp ,ss ab \,W ':&66o:16,6:,, s I - ;M G i:1 14' '- / J .r i .' •. V' Grass Lake re . � tE e OUTLOT A yQ� �rl �J P•� `0. �P `f- _ v` . _ f/K' .l' St's \ SR fro r �O . \ A� A� �ne;° �� 6 �jsp, 00..,-„,„ 42 Jr a8"ty 861 �`2y0 y9 , \>or\r p. r- `/ I V \-- • S 23 OFD` I pE0'0 s�js, Ex _I ss2 �' �� 2 ,14�'A3r6 / va'e,.ah\ OKt�s c (� o o•,P:, ,,`ts 50,�y Ny�51• \ r\. ray 56� -6��af. =10 1stioo• % \N .5y �o �� o�dj`�B.CQ f \t Z c p• - 4 .o CO rq '7 MAJA CG I 1"- t)1 f ''F�.+ S� (;- i > 1\v.N = � � t-1 �l0� - f4A Jj cs t o,)•.,3\F' ci� ( � a O. bb O`iZ 4/ I i� ti c�00 0 F�, For the purposes of this plot, the north line of _ I 0 °'s� - t,o- REGISTERED LAND SURVEY NO. 1560, according .t l - ■ t� l ' to the recorded plat thereof, Hennepin County, v, v, Minnesota is assumed to bear N80°24'50"E • - 3 -1 ,-.• - t ,L I >G Denotes found Hennepin County Cast Iron r" Monument - D O enotes 1/2 inch by 14 inch iron monument net Carlson 5,6 I : a or to be net within one year of recording of this plot and marked with license number 40361 I McCain c IN FE_.T ; • Denotes found 1/2 inch open iron monument Sheet 2 of 2 Sheets NOTES: go CONNECT TO . 1. BASE PLAN USED IS A TOPOGRAPHIC SURVEY PREPARED BY CARLSON McCAIN. ti.,:'4 r". - - EX. SERVICE 7—1 9LF± 8" PVC 2. ALL EXISTING UTILITIES LOCATIONS AND ELEVATIONS SHOWN ARE APPROXIMATE ONLY. CONTRACTOR H: Charles ( .. ... SHALL CONFIRM ALL LOCATIONS AND ELEVATIONS PRIOR TO CONSTRUCTION. CONTRACTOR SHALL Levin CONTACT GOPHER STATE ONE CALL. o Architects Qua 1' 2300 i0.� S\-( 6" TEE 3. ALL CONSTRUCTION SHALL CONFORM TO THE MOST RESTRICTIVE OF THE PROJECT SPECIFICATIONS, Milwaukee c�i.0 G�\�S 0 �VG 4LFz 6" DI THE STANDARD SPECIFICATIONS OF THE CITY OF RICHFIELD AND THE LATEST EDITION OF THE MNDOT Avenue Q a� POJ�,l1�P�F,�S� HYDRANT STANDARD SPECIFICATIONS FOR CONSTRUCTION. /V° Minnesota P, R G 4. TOTAL PARKING STALLS = 116 (INCLUDING 5 HANDICAPPED &27 COMPACT). 55404-3150 .0.‘Q \ 5. EXISTING IMPERVIOUS = 97%, PROPOSED = 92%. P:612.729.5333 �, CONNECT TO \ C F:612.729.8351 frq COORDINATE EX. SERVICE \ ° E:chuck @clevin.com SERVICE LOCATIONS W/ 6" GV • W/ MECH. PLANS 24LF± 6" Di \ 6"x45° BEND LEr=T _ARCHRECTSPROJECT#1515G_ \ � TURN • ems LP ' LANE LA \=WTIVJS �o TER (�A U AL t ` ENTER �� _ 7 PROPOSED BUILDING Bikes 22,8/ 5 S F FIRE DEPT CONNECT.ON R GHT .. �d FEE-1,1)S FFE=843.25 TURN. �,��\. � `� office. •• C� �\ NS Ai`. \ 6321 Bury Drive #21 r �, �I 4. .. P----STOP \#'' Eder Prairie, MN 55346 ROOF INE �it� / s S:GN ��1 :O / /O \ �\ ISSUED 4/26/13 \\ C:�� REVISED MN 55, 3 �. SURMOU4'ABLE V0 9 Recycling CURB % \ ��, 8' �\ LP . - < / �e[eoy tty ih i t' Df p f t•o,, a • RETAINING dtl0 24 \`\ '° ° �� do a tl'y 1. ° Pn Prtl Cy E 9'eer �. i� �_ f 16' CC a<,tn<m. or tn<sr I<or a «Soto. WALL STRIPE) �=. 7 g ( \, PEDESTRIAN („..„..„<„,..x�s�j 18' \ �� \`. 6' \1 CONC. w<n<cesmrx.Pe.nt< \ WALK (TVP) \ /� Re9s1•atron No 26093 — 9' ° t8' 8612 CURB �\\\ SIDEWALK\ RICHFIELD 8 , 24' 9, 1 % \ P S i r K 1 �� 1 \ Store Address• n 6420 yndale Ave, S. \ 8' 400 \• Richf e:o, MN 55423 ®160,... 6 .\\ \<,18' \\,. ._ \ 24' 01 24' \\ 1 t 1-- I -1 • \\ 5' 18' /� .•''' . \ \ \•\ B612 CURS 9' , /,.." • / /'/ \\\ iN i\ o' \\... ®,;- P •\ <�� .,,,„/ / 1 a S' S /i UTILITY \ .- / PLA N j NOT REVIEW SE REVIEW ©2013 Charles Levi,. 4rchtects NOTES: 1. BASE PLAN USED IS A TOPOGRAPHIC SURVEY PREPARED BY CARLSON McCAIN. m P. 2. ALL EXISTING UTILITIES LOCATIONS AND ELEVATIONS SHOWN ARE APPROXIMATE ONLY. CONTRACTOR 2 g< Charles ? SHALL CONFIRM ALL LOCATIONS AND ELEVATIONS PRIOR TO CONSTRUCTION. CONTRACTOR SHALL °i7 Levin CONTACT GOPHER STATE ONE CALL. Architects 2300 ON -c ( / 3. ALL CONSTRUCTION SHALL CONFORM TO THE MOST RESTRICTIVE OF THE PROJECT SPECIFICATIONS, Milwaukee �PAS O9c: / '\ THE STANDARD SPECIFICATIONS OF THE CITY OF RICHFIELD AND THE LATEST EDITION OF THE MNDOT Avenue R��N� Q��RS / \ STANDARD SPECIFICATIONS FOR CONSTRUCTION. Minneapolis Minnesota POMP 0 j/ \ 4. REMOVE EXISTING CONCRETE SIDEWALK TO NEAREST JOINT. �/� 55404-3150 /. , P:612.729.5333 /. - _ <I F:612.729.8351 / \ E:chuck @clevin.com / s REMOVE EX. REMOVE EX. V) /', CURB & \ ��CURB & ARCHITECTS PROJECT#1515G REMOVE EX. / BUILDING GUTTER GUTTER - i \ LAS WIfDS �/ \\ �,� NATURAL . \ d FUE'�S :e. c' .\ REMOVE 6321 Bury Drive #21 \ \ EXISTING--`- Eden Praorie, MN 55346 CONCRETE MEDIAN ------REMOVE EX. STORM SEWER=_ ` �' \ ISSUED. 4/26/13 \ IM THIN PROPERTY LINES \ 4\ \ REMOVE EX. \ CONCRETE (TYP) \ \ a- \`,, REMOVE EX. e.eby cy m t r Pi oP�l P P tl 6Y a t.at l LIGHT POLE • ' S's °nce.tneym.e at the si ar vro�:iot \ (TYP). Date: \ REMOVE EX. WA \ nay a es Stare,PE. ,\ Reg st•t' No 26093 ;;�� '\ \ RICHI- LI J \ REMOVE EX. CO\CRETE •\ ST"'^'F SEAL EX. WELL SIDEWALK L K PER MDH REQ. � �\ Store Address: \ 6420 Lyndale Ave. S. Richfield, MN 55423 REMOVE EX. \ REMOVE -- -- REMOVE Ex. BITUMINOUS txlsrlN ,--,\ / ,� X - — _ BUILDING T DRIVEWAY •PAVEMENT TO \ �� PROPERTY LAE \ ` I REMOVE EX. BITUMINOUS / \ \ 0 5 0 20 \ PAVEMENT TO _ / SAWCuT EX. \ BITUMINOUS PROPERTY Li NIE REMOV & / \ PAVEMENT AT \ I — c L PROPERTY IJNE \ RE!NSTA_ / REMOVE EX. EX. ENCE / \ \ CURB & GUTTER ( / NCE \ \ Ald 11111 (I, r MU _ITTUN \ / NREV CONS SE oN y 'J13 Cnartes Levi n te Qr_ c is g. -/ V NOTES: o - 1. BASE PLAN USED IS A TOPOGRAPHIC SURVEY PREPARED BY CARLSON McCAIN. ti i 3 2. ALL EXISTING UTILITIES LOCATIONS AND ELEVATIONS SHOWN ARE APPROXIMATE ONLY. W" Charles xHa CONTRACTOR SHALL CONFIRM ALL LOCATIONS AND ELEVATIONS PRIOR TO CONSTRUCTION. x R Levin • CONTRACTOR SHALL CONTACT GOPHER STATE ONE-CALL. Architects 9\ h Milwaukee 3. ALL CONSTRUCTION SHALL CONFORM TO THE MOST RESTRICTIVE OF THE PROJECT , Milwaukee %:� S\� • SPECIFICATIONS, THE STANDARD SPECIFICATIONS OF THE CITY OF RICHFIELD AND THE "` Avenue y � LATEST EDITION OF THE MNDOT STANDARD SPECIFICATIONS FOR CONSTRUCTION. °S's G��'(S ��G \ G� Minneapolis Minnesota 9sik Ix P�O �°� GPI MATCH 4. CONSTRUCT DRIVEWAY PER CITY STANDARDS FOR CONCRETE DRIVEWAY ENTRANCE. �4M. 55404-3150 ��Q ��, \ EXISTING P:612.729.5333 �,��OP \ "' G E:chuck@clevin.com \ i S� .1P+>••/J 1 `A\ ARCHITECTS PROJECT #15 15 G I H�, �LYNDALE GARDENS J L A<EWI N L S CB #4 MATCH i NATURAL \ MATCH EXISTING _ P R O P O S E D BUILDING EXISTING \ B-812 CONCRETE CURB&GUTTER F J J D S CONNECT To 22,875 SF ., (//�� o EX. 15" a� : DE FFE843.25 V i2" MATCH /;;4 6321 Bury Drive 1421 L= 9 LF ---", EXISTING Eden Prairie, MN 5 346 842.90 c C� 8" HDPE \ - 842.40 � ROOF DRAIN; 841.85 \- �� K.a. ISSUED 4/26/13 5" HCPE r =2 m RSED 5/ 3/I39.25 5=4.2% ° 842.20 �,j ° . � •!!!,S=1.0% . 841.70 \ (/>� PAVEMENT SECTION CB #2 842.95 842.35 !� - - R'V=839.10 842,70 841.85 \ CB #1 842.20 �\ 'NV=836.9C . 842.20 RI V=841.10 842.55 841.70 INV=836.12 841.70 839.10 843.25 843.00 842.05 842.75 842.00 \ 841.10 642.40 m reny cerosy Uot to s F F .r tm, 841.90 oFtle. a•a paony E m t i 841.50 \ . 843.25 842.30 \ e o« of the st t t u ,e,o,o. 842.55 CB #5 \ 841.80 RIV=840.80 \ MATCH °a1e 841.70 842.25 842.95 842.05 \ Reg c.e.s. Pe \ 841.20 842.70 'NV=838.30 % 840.80 EXISTING ee5�o-or�ho.zeoea 841.75 842.5 2" -1DPE 841.95 842.55 ,\ RIB- 71=77 LF 842.20 S=0.7% 841.75 12" HDPE 842.05 �' 841.70 842.50 842.00 842.00 S T 841.25 L 7 F CB #4 \ • S-0.7% RIV=840.80 841.50 842.60 MATCH Store Aadress 1 842.30 x__837.45 2" HOPE \ 6420 Lyndale Ave. S CB #3 \, 42 841.80 =125 LF 842.10 842.40 \ EXISTING Ricnciela, MN 55423 •R'M=841.25 842.40 842.15 NV=836.65 \• 841.90 I S=0.7% 841.90 I 842.15 841.65 \ n - P n 842.30 842.55 '\ 84240 841.65 841.80 842.05 1 841.90 840.80 \ L� I I `% MATCH • 842.30 842 75 \; /EXISTING \\ \\ 841.85 841.80 842.25 /. 841.60 \. •a / 10 a0 \� 841.95 842.45 / 841.10 \ --II-7- , -i 841.90 • \ \\ 841.40 841.45 841.95 843.10 %/ \ • \ .\ 842.15 842.60 /• 841.65 \ • \� \ 841.95 /'/ \ 841.67 • 841.45 841.17 g)), \ /< 840.80 \ ERA 7 I N G & • 842.40 \ 840.30 \\\� 841.90 / •839.90 A 1 N A G E- ` 840.60 PLAN V'/ \ 840.10 /'' 840.95 / REVIEW SET 840.45 840;4 NOT FOR CONSTRUCTION C,%7i3 Cncrles Leo], Archtects NOTES: -411 g s s ' ° 1. BASE PLAN USED IS A TOPOGRAPHIC SURVEY PREPARED BY CARLSON McCAIN. 1 i F 2. ALL EXISTING UTILITIES LOCATIONS AND ELEVATIONS SHOWN ARE APPROXIMATE ONLY. a Charles 4. CONTRACTOR SHALL CONFIRM ALL LOCATIONS AND ELEVATIONS PRIOR TO CONSTRUCTION. x i;A Levin G SILT CONTRACTOR SHALL CONTACT GOPHER STATE ONE CALL. Architects ��Q* ` //FENCE \ 2300 8P S� V 3. ALL CONSTRUCTION SHALL CONFORM TO THE MOST RESTRICTIVE OF THE PROJECT Milwaukee Si'� GF-��S 0y��G ` SPECIFICATIONS, THE STANDARD SPECIFICATIONS OF THE CITY OF RICHFIELD AND C�\ Avenue QG �P �� c�, \• c THE LATEST EDITION OF THE MNDOT STANDARD SPECIFICATIONS FOR CONSTRUCTION. • V, 4,� ,� ` Minneapolis Q p��' PRO � G Minnesota 041.9.\� K G \ ` 4. THE FOLLOWING SEQUENCE SHALL BE FOLLOWED FOR THE EROSION AND SEDIMENT kg 55404-3150 s CONTROL A INSTALL SILT THE ENCE, INLET PROTECTION LAND ROCK LOGS AS SHOWN. F �.� y �P � P:612.729.5333 \ •` B. PERFORM SITE REMOVALS, GRADING, EXCAVATION AND EMBANKMENT. MULCH F:612.729.8351 \ ` ALL DISTURBED AREAS OUTSIDE OF PROPOSED PAVEMENT AND BUILDING L ' E:chuck@ctevin.com \ AREAS WITHIN 72 HOURS OF THIS WORK. rA ARCHITECTS PROJECT#1515 G C. INSTALL CONCRETE CURBS AND BITUMINOUS PAVEMENT. D. BACKFILL BEHIND CURBS AND RESTORE GREEN AREAS PER LANDSCAPE PLAN. // / `', ROCK E. INSPECT EROSION AND SEDIMENT CONTROL DEVICES AFTER EVERY 1/4"RAINFALL �L A<E W i II V D S •■ CONSTRUCTION EVENT. CLEAN AND MAINTAIN THESE DEVICES AS NEEDED. I V A URA I PROPOSED BUILDING ENTRANC /= ROCK 22,875 SF " e �' \ F =DS /' SUITABLE FOR \ POST / covsTRUCTIaN FFE=843.25 �,'" /`� TRAFFIC '�� \ Bffice j �. �- "° E `ate*,E E` 6321 Bury Dr.ve #21 `3+ ` \ n° °�� N �° Eden Prairie, MN 55346 �/ w°weeny: kT e.a M t\l x�`=. \�„, L^.a+c°" Z� ISSUED 4/26/i3■ NS Ai L INLET \,, \-V1_, ��` °+Nsnaao . , ,SILT PRO!EcTioN (TYP) \ r� 9.� REVISED 5/13/I3 • FENCE '\ TYPICAL SILT FENCE INSTALLATION —. -- • • .0 .,...., , stikt\000,01) .... ,..._, e \ ..` NO SCALE•N • \ \ \4.. \v un0er t!ie Ions of the r5l t t Mnnesol°. ,„ NSTAL :N LET \ o"e if PROTE T:ON \ ` Nspe CR Stark,PE. \ \ ,\ ' `v Reg-slralon No.26093 --- \ r S'L T FENCE 4 RI"FETEL_D •� SERE ��• �� Store Address ��'\ \ `' 6420 Lyndale Ave, S. . . 4/ \.`\ Ricnf e;d, MN 55,423 \. INSTALL INLET \" \\ PROTECTION ROCK LOG �� \ N. N. �, SU ABLE FOR , 1 • ' `\ �`/ \ TRAFF RUCTION \ ` 0 i \\�0 \i • • SIC" FENCE / \, — — : \ N.',\ /I p \ / �\ \' \ PRO ECTION SIP \e• /ems �� / \ 1 PLAN �' \\ �i\ I ', / REVIEW SET \' NOT FOR CONSTRUCTION ?Oi3 Charles Levin Arch ec is NOTES: All e s 1. BASE PLAN USED IS A TOPOGRAPHIC SURVEY PREPARED BY CARLSON McCAIN. v m 2. FIRE TRUCK DIMENSIONS USED: 42.3'OVERALL LENGTH, 8.9' FROM FRONT BUMPER TO FRONT AXLE, z o A Charles 20"5'FROM FRONT AXLE TO MIDDLE OF REAR TANDEM AXLE, 8' WHEEL WIDTH, 9' TRACK WIDTH AND ..' Levin 6'LOCK TO LOCK TIME. STEERING ANGLE OF 45 DEGREES. i < Architects O\�G '� 2300 \)\� 5�� — Milwaukee OS5O G-(5 v V,V,G Avenue Q�OQ pOOr',�c.N\SI IM Minneapolis P�MQ�O� GPI \ 41 n ��(� P:612.729.5333 F:612.729.8351 \ 0 E:chuck @clevin.com ss\ ; ARCHITECTS PROJECT#1515 G PROPOSED V �/ HYDRANT at' LP t1 \■ LA<E W IN��S PROPOSED BUILDING Bites NATURAL • ® F _, , S 22,875 SF FIRE DEPT CONNECTION ,,, e), ; -"_, S. FFE=843.25 S•# � rC•'' ` kih\ 63?I Bury Brlve #21 NO PARKING FIRE LANE SIGN r *01,:;:1‘ .'�.� �� \ Eder Pra;rie, MN 55346 ISSUED/ I� Pc . 7,1_,_, Tv ( � \ � ISSUED. 4/26/13 ��\ REVISED 5/13/13•\: 'a` \:, Recycling ' C �� \ _ '.LP it �i �\ �•olio — a/ (l � p ��\ \ Mayne C B.Stara,P.E. / i� \ \ Reg'slrat cn tio-26093 ®® I \ RIrNr TFD \ Store Aaaress \ \\." 6420 Lyndale Ave, S, - Rich+ie.6, MN 55423 \ • \\ 'c.\\.. \ ' / \ \ 0 5 i0 PO.. • ar lb \ 111 --- ,/ P\, \\\ \ / \\ NMI""\ FA 1 ' \ !/ 0 ACCESS \' / S PLAN / N • REVIEW SET x 020:3 Charles Levin Arct tects =- I .01 ._ .. ... „ . _ 1 DEVELOPMENT e __, 2 PUD REQUIREMENTS FOR MIXED-USE T ❑PME N REQUIREMENT RESPONSE -- - • SECTION 544.03,SUBDIVISION 4e 34 REQUIRE➢ TREES (16) 2.5' TRIM OUT BROKEN BREAD (TREE SIZES)-FOR SINGLE CAL.DR 6'HEIGHT, (4) 3.5' / STEMS ONLY. BUILDINGS AND REQUIRING MORE CAL.DR 8,5' HEIGHT, (13) I( ,'1I 1 ` \j� =`\ \_ THAN 10 TREES,THE MINIMUM 4.5' CAL, OR It' HEIGHT fl:\S111; �''�j�' PULL MULCH AWAY FROM ALL � \�. OVERSTORY TREE SIZES SHALL BEI ti\11�,ti\1�,' STEAD 7O PREVENT ROTTING. \�.. \ 4 CRIMSON SPIRE OAK (30%)2.5'CAL, (40%) 3.5' CAL., / / Charles \•. IN 18"TOPSOIL BED CONTINUOUS -, '..•••.)::-.--��- ❑ 3'SHREDDED HARDWOOD MULCH SECTION 4.5'CAL. / , Levin ri N. \ SECTION 544.03,SUBDIVISION 6b 87885 SF DEVELOPABLE it u ••' _ BETWEEN CURB AND WALK (QUANTITIES)- LINE TREE PER 2,500 LAND AREA = 34 TREES I 87 II FINISHED GRADE Architects I SQUARE FEET OF DEVELOPABLE SHRUBS REQUIRED) 33 TREES fii61 ■ ■ n PLANTING SOIL.SEE SPEC. �j \ II.II li II 11=11=11'II"R_"q 11 11 .. 11= ` '\ ♦ S. LANDSCAPING AREA 4 ONE SHRUB 6 XXX SHRUBS PROPOSED. 1i n n B11.0.Tl=p=u-Ti=Ti=i=n=i=R SFARIAY BOTTOM AND SIDES `` - � PER 1,000 SQUARE FEET OF OAIIATIAITAThIIAIIAi1=1dA=i AITL�IIAIILI IILI II OF PLANTING HOLE. `\ ``� `` \ _ eil_Ilxllmp-II-II-II-II-X-N-I,-9_I�-s- 2300 DEVELOPABLE LANDSCAPING AREA NATIVE SOILS,FRACTURE (WHICH INCLUDES THE PLANTINGS IF\ Milwaukee • �;� \ ' FOR PARKING LOTS) BI•u6 Planting ma ` \` -t SECTION 544.03,SUBDIVISION 7a 486 FEET OF STREET LwP xra Avenue l _ � -�.. (PERIMETER PLANTINGS)- I FRONTAGE = 12 TREES OVERSTORY OR CONIFEROUS TREE REQUIRED AT PARKING LOT nusuACn AWAY SAOrsaussoas �_� \� PER 40 FEET OF STREET EDGE OF PERIMETER) 16 TREES AND meAES•rrT ``� ALL PARKING LOTS 6 25%OF THE XXX SHRUBS PROVIDED TAw,AaD,sosSO SSa�n omr Minneapolis �, \\, �' GROUND SHOULD BE COVERED BY SPACE nIMSACCORDw6 TO SENFnIIE Minnesota \ � �;` �_ SOD SHRUBS AND/OR PERENNIALS (NOT E. HARDWOOD PEACH. U SYyif' \ \ TO BE ADDHD TO THE TOTAL �)/: • ' ,)i` AWAY MOM wEanun 55404-3150 AMOUNT FROM SECTION 544.03, 2ti1'►3. fii+ „+J \ MTN GRADE-Puce PLANT TO •r' P \ ,\ 5,,\ SUBDIVISION 6b) _ • • •S•', \ P MPRIOA AM.RELATIONS. CAVE \ G`t :"F•., ' PUD SUBMITTAL PLANT SCHEDULE P:612.729.5333 t """NG54 "`"` F:612.729.8351 l''' \ \ QUAN sEESPEC. C'•r 4 •� \ \'‘'1,N SOD TITYI - COMMON NAME BOTANICAL NAME SIZE REMARKS ----1'-=' _ SHRBS ` �\ \ DECIDUOUS OVERSTORY TREES -11171 ----t II I suuneonOM APO S«soE E:chuck @clevin.com �S y;,/, 13 Princeton Elm IM'RUS ameriraUa P/Mcataa \ _ TO 4.5' Disease-rests MOSICT RTM1eTmEADOTS SHRUBS \� BB tant cultivar u.aSnwEP SOIL OPCavuTED ARCHITCT"S PROJECT#1515F _ 4 Hackberry CARA oct'ktntak BB u \ • 4'•.` \ _S'4.CRIMSON SPIRE OAK IN Crimson Spire 2.5' columnar,.. ,P ON ELM •••��` \ \ 18,TOPSOIL BED CONTINUOUS 16 LIak Ouenusa6RXQu,YCUSrodr BB habit _ `\ "Wadi' _pr •�, B N CURB AND WALK DECIDUOUS 6 CONIFEROUS SHRUBS a am. MI - SHRUBS .� . •~� �� -.,� L� 1,`a 338 MIXED #5 �� ,� •'>� �� VARIETIES CDNT \ �� - �' \. � �- SHRUBS �� \ \ \ as f� • '4.,' Office: PRINCETON ELM d PRINCETON ELM ',a, \ "��., 6321 Bury Drive '\ •\\ SHRUBS It PRINCETON ELM . Eden Prairie,MN 55346 ` SHRUBS 4 `- \ \, ` J d� �� a '''> :� \_\ ISSUE DATE: ► ••.`4 \ \. PRINCETON ELM E��® '4_ ' . _ SHRUBS • / �, 4/26/2013 j 9 so PRINCETON ELM \. .• Q PRINCETON ELM ` •, ,� NOTES: °;\_� - SHRUBS � ' '\ ..• `S‘ • PRIOR TO DEUVERY TO THE SITE,THE CONTRACTOR SHALL LOCATE THE BUTTRESS ROOTS OR TRUNK FLARE OF EACH TREE. IF FLARE IS .•• \ LOCATED MORE THAN 2'DOWN FROM THE TOP OF THE ROOTBALL,THE TREE IS REJECTED AND SHALL NOT BE DELIVERED TO THE SITE. \•••_ ONCE THE PROPERLY GROWN TREE IS DELIVERED TO THE SITE,MEASURE DISTANCE BETWEEN TOP OF THE BUTTRESS ROOTS AND THE SSS � ! \ • �I�*, \ gyp\ • BOTTOM OF THE ROOTBALL.SUBTRACT r TO DETERMINE DEPTH OF PLANTING PIT. `�� i SHRUBS wog"., . .i 5,,\ • DIG PR TO DEPTH DETERMINED ABOVE.PIT SHALL BE DISHED WITH SIDEWALLS AS SHOWN BELOW.SCARIFY WALLS AND BOTTOM OF PIT. CunheAwn Group _ �.- SET TREE IN PIT 50 THAT THE FLARE IS ONE-TWO INCHES ABOVE SURROUNDING GRADE. IN ALL AREAS WITH HEAVY CLAY OR POORLY :pK \ •� ! * • DRAINED SOILS(MOTTLING),CONTACT LANDSCAPE ARCHITECT.TREE A7AY BE RELOCATED OR THE ROOTBALL FURTHER ELEVATED, Ciii= - ••\ 5•-0• �'0 i�" \ a R'►P • REMOVE ANY SOIL FROM TOP OF ROOTBALL TO EXPOSE TOP OF FLARE.THE LANDSCAPE ARCHITECT WILL NOT ACCEPT ANY TREE sL ArA*m5 Man `�\ I setback d - UNLESS THE FLARE IS VISIBLE. 820s:SE s r _ - ,y �- \ a BACKFILL PLANTING PIT TO WITHIN 12°OF GRADE AND THOROUGHLY WATER. m AwaPOSS,NW REMOVE BURLAP,WIRE,AND ALL ROPE FROM THE TOP 12°OF THE ROOTBALL 65414•1 ,' r-POp \ • BACKFILL TO THE TOP OF THE ROOTBALL RODENT TRUNK PROTECTION: 1/2" i •A1�® �• • DO NOT CREATE WATERING RING HARDWIRE-CLOTH DIAMETER MESH CYLINDER. FN.61237941W �`�:p \ h� ••• CONTACT LANDSCAPE ARCHITECT TO INSPECT DIMENSIONS:8"DIAMETER(OR GREATER)X O W F1I H 8 b A Fh Fax:6129Te uo0 ```� - i_�' '--\�� \ i"� PLANTING PRIOR TO PLACING ANY MULCH / 36"HGT.STAKE IN PLACE,AVOIDING ROOTS. e R D 13 P www.amMBhbre tom s - SEE SPECIFICATION OVER THE ROOT BALL. _ GP \/"-- ` / SHREDDED HARDWOOD MULCH-4"DEPTH X 5' Landscap•Are11X•eun \\ _,C3, DIAMETER. PULL AWAY FROM TRUNK OF ` \' i AFTER INSTALLATION,TRIM \' • i \ V'':T OP n /i TREE.DO NOT PLACE MULCH UNTIL TREE HAS OUT DEADWOOD AND/OR- BEEN INSPECTED AND ACCEPTED BY = DEFORMED TWIGS. \\�\.� LANDSCAPE ARCHITECT. RICHFIELD /1 PLAITING PLAN DO NOT CUT LEADER. \ \I�� Lr005 "" STAKES AND GUY WIRES \�I� i/ STORE PLANTING NOTES: J SEE NOTES BELOW IØJ ' AFTER SETTING ROOT BALL IN PIT, 1.ALL QUANTITIES,SHAPES OF BEDS MD LOCATIONS SHALL BE VERIFIED AND ADJUSTED AS REQUIRED Light .I•. BACKFILL TO WITHIN 12'OF TOP OF TO CONFORM TO THE EXACT CONDITIONS OF THE SITE. • �\/"' Store Address: 2.LOCATE ALL UTILITIES,INCLUDING IRRIGATION LINES.NOTIFY THE LANDSCAPE ARCHITECT OF ANY FLARE,SET AT 1"-2"ABOVE 1 /I' ROOTBALL AND SATURATE WITH WATER. CONFLICTS WITH PLANT LOCATIONS. - SURROUNDING GRADE.SEE 7 •sl4 • CUT AND REMOVE TO BACKFILL LINE 6420 Lyndale Ave.S. 3.THE CONTRACTOR SHALL BE RESPONSIBLE FOR ALL MULCHES,INSTALLED PLANTING SOIL QUANTITIES I R.O.W Tom' NOTE ABOVE A ALL TWINE,WIRE AND/OR BURLAP. Richfield,MN 55423•AND ALL PLANT MATERIALS. BACKFILL UNTIL PIT 15 FULL,WATER 4.LONGTERM STORAGE OF MATERIALS OR SUPPLIES ON•SSE WILL NOT BE ALLOWED. a 5.THE CONTRACTOR SHALL KEEP PAVEMENTS,PLANTERS AND BUILDINGS CLEAN AND UNSTAINED.ALL AGAIN. DISH PLANTING PIT.SCARIFY WASTE SHALL BE PROMPTLY REMOVED FROMTHE SITE.ANY DAMAGE TO EXISTING FACILITIES SHALL BE `,I - REPAIRED AT THE CONTRACTORS EXPENSE BOTTOM AND SIDES OF PIT _ LANDSCAPE CONTRACTOR SHALL 6.THE PLAN TAKES PRECEDENCE OVER THE PLANT SCHEDULE IF DISCREPANCIES EXIST.THE ((� SCHEDULE INSPECTION BY THE L. 1 SPECIFICATIONS TAKE PRECEDENCE OVER THE PLANTING NOTES AND GENERAL NOTES. N w-'P,1:=11T.'�ll•�� (�i11)(A.1r=irII 7.SOIL PH SHALL BE BETWEEN 6 AND 8 UNLESS DIRECTED OTHERWISE BY LANDSCAPE ARCHITECT. Me.-41=•r2l 7L " 1L U LANDSCAPE ARCHITECT 48 HOURS PRIOR :8 IL 11. 11-41-, it -H-11: II-II- TO PLACING MULCH AROUND THE TREE 8.NO SUBSTITUTIONS Of PLANT MATERIALS SHALL BE ACCEPTED UNLESS APPROVED IN WRITING BY THE ! - d 11=11 JIAPA1F11A11AII=1L=11 I.R R 11 11 1.1' LANDSCAPE ARCHITECT. ! - D II N-;fl I�.I'S311y=,11=11=11=1t R--'i1-B II II 71= PLANTINGS. UNDISTURBED SOIL OR :D ➢=.:]I�Ig71 II-,11=11=�i=� 11 D II N III :1 9.ALL PLANTING STOCK SHALL CONFORM TO THE'AMERICAN STANDARD FOR NURSERY STOCK ANSI, - - _...,..1L...II. I_�IIee71/ill=ll-lle"II-,11..BaK..fl....II. 11 Ile TREES WITH BE REJECTED FOR THE LATEST EDITION,OF THE AMERICAN ASSOCIATION OF NURSERYMEN,INC. COMPACTED SUBGRADE 10.ALL PLANTS SHALL BE GUARANTEED FOR ONE YEAR FROM THE DATE OF SUBSTANTIAL COMPLETION - FOLLOWING REASONS: UNLESS OTHERWISE SPECIFIED.THE GUARANTEE SHALL COVER THE FULL COST OF REPLACEMENT.dEAD CONTAINER GROWN TREES -POOR FORM PLANTS SHALL BE REMOVED IMMEDIATELY. • LOCATE BUTTRESS ROOTS(SEE NOTES ABOVE). -DAMAGED TRUNK SCALE 1t.SEASONS/TIME OF PLANTING: 36'Tait Lyndale Avenue DECIDUOUS POTTED PLANTS:APRIL 1-JUNE 15.7-AUG.21.NOV.15 Parking Shrub and I I • REMOVE EXCESS SOIL FROM TOP OF ROOT BALL TO EXPOSE TRUNK FLARE.MEASURE -BURIED ROOT FLARES DECIDUOUS BBB:APRIL I•JUNE 15.1-AUG.21.NOV.15 Perennial DEPTH OF ROOTBALL TO DETERMINE DEPTH OF PLANTING PIT. -ENCIRCLING TRANSPORT ROOTS EVERGREEN POTTED PLANES:APRIL 1.BUD BREAK./-AUG.21.SEPT.21 Plant ! • TO ELIMINATE ENCIRCLING ROOTS,MAKE SEVERAL VERTICAL SLITS AROUND PERIMETER -UNCONSOLIDATED ROOTBALL SOIL(DUE TO EVERGREEN BBB:APRIL 1•BUD BREAK'I-AUG.21-SEPT.21 - �/ OF ROOT MASS FROM TOP TO BOTTOM OF THE ROOTBALL. DEPTH OF SLITS INTO THE EXCESSIVE HANDLING) 12.FRACTURE SOIL FOR TREE AND SHRUB PITS AND SHRUB AND PERENNIAL BEDS:SEE SPECS. j ROOTBALL SHALL BE AT LEAST 2". Or:73.FRACTURE ALL COMPACTED TOPSOILS.SEE SOIL DECONPACTION NOTES �tI�i Sidewalk Grass -14.IRRIGATION SYSTEM SHALL BE FULLY OPERATIONAL AND TESTED AT THE TIME OF PLANTING.DURING STAKING:FIRST SEASON,CONTRACTOR SHALL MONITOR MOISTURE CONDMONS AND ADJUST IRRIGATION AS NEEDED ' 3' I TO AVOID OVER AND UNDER WATERING OF PLANT MATERIALS DURING ESTABLISHMENT. "�•"'� GUY ASSEMBLY:16"POLYPROPYLENE OR POLYETHYLENE(40 MIL)1-1/2"WIDE STRIP-(TYP.)DOUBLE II 15.MULCH:DOUBLE SHREDDED HARDWOOD MULCH-CLEAN AND FREE(*NOXIOUS WEEDS,SOIL,AND i - '• I STRAND 14 GA WIRE 8 3 STEEL STAKES OR SIGN POSTS®120 DEG.O.C.(SEE STAKING DIAGRAM). a ` I OTHER DELETERIOUS MATERIAL.USE FOR ALL TREE PLANTINGS AND OVER ALL PLANTING BEDS FOR i SHRUBS AND PERENNIALS.PULL MULCH 6'AWAY FROM THE TRUNCSAND STEMS OF ALL PLANTS. GUY ASSEMBLY MANDATORY ONLY FOR THOSE TREES WITH 4"CALIPER OR GREATER AND ALL BARE ROOT GEOTEXTILE FABRIC SHALL NOT BE USED UNDER MULCH. I - - - : - - TREES.CONTRACTOR SHALL MAINTAIN TREE IN A PLUMB POSITION FOR THE DURATION OF THE GUARANTEE 16.MAINTENANCE SHALL BEGIN IMMEDIATELY AFTER EACH PORTION OF THE WORK IS IN PLACE.PLANT i MA5TERIALS SHALL BE PROTECTED AND MAINTAINED UNTIL THE INSTALLATION OF ALL PLANTS IS 1 - - _--- - PERIOD. SHEET TITLE COMPLETE,INSPECTION HAS BEEN MADE AND THE PLANTING ACCEPTED,EXCLUSIVE OF THE GUARANTEE. - - '- STAKING DIAGRAM MAINTENANCE SHALL INCLUDE WATERING,CULTIVATING,MULCHING,PRUNING AND REMOVAL OF DEAD ■ COORDINATE STAKING TO INSURE UNIFORM ORIENTATION OF GUY LINES AND STAKES. MATERIAL,AND KEEPING THE PLANTS IN A PLUMB POSITION.AFTER ACCEPTANCE,THE OWNER SHALL ASSUME MAINTENANCE RESPONSIBILITIES.THE CONTRACTOR SHALL MAINTAIN ALL MATERIALS IN A PLUMS - '-'-' - '--- POSITION FOR THE DURATION OF THE GUARANTEE PERIOD. Q SECTION ®Deciduous Tree Plating ma ©2013 L„ ,a M. Charles Levin Architects , I c',. ig �/V 1..,' ,,. 838 . 834 542, I List of Easements Richfield Sign Regulations Vri 12— --' - . -Re3Z ---'-• - (Under Negotiation) Sign Regulations Charles 830 Estimated Max tat Levin 12 \ \ 72"RCP pj,. 1. Utility Lines Maz Size of %of Wall Total Allowable rn, w(qft) Height Frontage Architects 826 2. Drainage 1rvk1 Sign Bak) Ikl lk) Alrovn:d Area(sett) MH I• \ , - -" — ._..--- 4. Property/ .-- -- ---27 _465 15% 270 3. Ingress,Egress/Parking Freestanding signs 200 z as 1860 Operation of Property/ Wall Sign(s) e7oo Isx 705 2300 - RestrictiveC Wall 1800 Milwaukee Covenants (E) 'gs \ _ -_, ,, p `� 5. Construction Window Signs No more than 30%of Window Avenue Notes' ' cP` • HH Co of draft available Sign azmg Regulations from Richfield City rode Section 599.735,bd 1 \ ` y 9''`�) (Copy Minneapolis upon request) Minnesota eh9 �� Q�7k ` Proposed Lakewinds Sign Sizes 6:O 9 Sign length Sign Height Total %af Woii 55404-3150 \ , Q C7 %of Wall Total Area(sqk) ts,.CpAf' t9 �0 06,�O (kl (k) Height(ft) Allowed P:612.729.5333 >, PyenSign(NorthEntry) 12 s 27 Ito F:612.729.8351 \ co w - ,r„ \ - Monument Sign(South Entry) 12 5 10 120 E:chuck@clevin.com CV CO - y,n Well sign South Building Entry 15 4.5 1.4% 15% 67.5 t e<c .� Si/g�n:•T 12'-0" wide x 3'-0" high Notts: Wall Sign East Wall 10 3 1.7x Isx 30 ARCHITECT'S PROJECT#1515 G fJ• LP `.1 6-0 to the top Total me of pylon and monument sign takes Into account signage on both sides or Merida wN \ t0 ' d \ Lakewinds Anticipated Truck Traffic 1 akewinds �N �� VT;;IRA,■, ., New island Delivery Type Quantity Frequency m 1P ,\ tJ0 �a Delive T e Vehicle Size Ouanti Fre uenc Hours ,\ ® 0 rd Merchandise Drop Off Semi Truck 3 Daily(Mon-Sat) Before 9 AM cut by Lakewinds ..g: Merchandise Drop Oft 112 Truck 4 Daily(Mon-Sat) Business Hours \ cf. Floor Elev 843.25 ft •art Merchandise Drop Off Non-Commarciai I Daily(Mon-Sat) Business Hours _�%� Garbage Pick Up Garbage Truck 1 3x/week Determined by Route Office:21 Drive#21 CtB T5 cp s'aP P-4 A,A a'a•. -� o Sign: 5'-0"wide x 4'-6" high Cardboard Pick Up Garbage Truck 1 2x/week Determined by Route Bury s 22 :.='/5y9 �► Eden Prairie,MN 55346 rp.O ,\ O • ntt�1 •gv 1 ca Composting Bin Pick Up Garbage Truck 1 2x/week Determined by Route ' F. q _,5 ` , „ , „ Food Scrap Barrel Pick Up Garbage Truck 1 5-6x/week Determined by Route PRINTED Sig 12-0 wide x 5-0 1114 AM 5/13/13 \ i g P d �i�� ,„0�, high, '.Q”to top• \ N d (1);10, , �� ti OQ Setbacks General Notes \ .as` -/ j , Provided • `�o .Re cli , r� 1. Existing Well to be abandoned and capped ' \ \ Cy, ® Front 1 foot\ Pah � /, • , - Side 0 feet 2• Electric Charging station located to serve \�`�,y` / r� Rear 10 fee[ up to three cars and can be expanded in `,� - ,,� ,� Adjacent to Residential 5 feet the future ytt 3. Existing Zoning=PC2 \......•-■ \ ped• Abandon, Proposed PC2s I hereby certify that this Ptd' Cap&Seal , ,, �, ^' P Zoning= plan,specification or rep was prepared by `- o° , , P under my directs n� .\\0N` \ t5+15 69 : 116 cars ,,® Area Summary and that I vwA� G 3 8 4 a Licensed ``, .uei \ '138'50"w ,� ® First Floor 22,743 sf the lawe 0��r MN. Mezzanine 1,855 sf CFO �,,, � ,, . Mechanical 392 00 \ 6,r �Q°ab, �� ® Total 24,990 at 5623 r Nord2•36 ��,,, • �� \ s Site Area 85,238 sf Charles Alan Levin 1q 49 6150,, , PR MN License No.14672 �s$ �\ F -,,` 9 Building Height-20 R Date:xx/xx/xx ZrF *Ai, `2�`V r O ,: ,, SSt j Mezzanine Height-26 R iir o�y2 500 ,,� ® o� RICHFIELD \� cJ6 2 ,,, `� Employee Patio-96 sf STORE \ Deli Patio- 570 sf jST� 5'-0"setback, , , P Store Address: "F .O �,� 6420 Lyndale Ave.S. loss O GP ,t Rlichfield,MN 55423 VjO GP A`L + O,t ��.� a '' Al >`'a Sign: 12' 0" wide . 5': �. cc),,,-'0 o ` GP os high, 10'-0" to to• \ �� GP ��'/� water spigot/ wishing well •/• 0 15 30 60 2 2o h ry - c'2 0's N* 5 6 °� SITE PLAN 0 2013 Charles Levin Architects g-/9 I I . . , , I , F ) G l H : I • A ) : B , , C ' ,, D ) , i 1 l" Charles 218-4" i i Levin , : ; I[77. ._. 33'-4" , 32,0" 4 31.-10" 6-2 5 8 Architects•10.-0- , 26.-8" 1 24.-6" 1 33'-10" ,----, I I ) ■ : ! I / , ■I1=I=111 I , Al 2300 N.__,... , 1 .,,,„,,c„I—fl, , --1 c;.-,, ' , , , , 1 , , , ; , j _, 1 Milwaukee Al.. 32`PALLET RACKING 32`PALL'ET RACKING Avenue ri-----; N .,--, .:07 , i 1 Irl i H - 1 28N12' GROCERY .: r . \ ____ is 1 t.; tr---; ,,,, I Pat o I Lun fcilloom ( I.SEX ,,I FREEZER ;11 ... --- g1 .,' 111=11111'M Q' BULK PREP ..1.■:z)1C..!-01:rt'-011)9.1.i; II i - i Minneapolis „ 4...: F-1, 7 , PRODUCE44 v I I COOLER T‘T i i Minnesota _ _ 1 55404-3150 ,-- — : . ,-..... -,-)T -'7. _:. •Namisisimumhaimamiminm 40 Lockers . 0 ZI , GROCERY S-ITORA_.GE 1 Cm:I1 I 2)I'-'I I I 1 g. "7,,..7EP 091bi' to , '...--11111 07 2212. MEAT ClOOL.,E11,14„, ..... (P-K9 •-11 h---- --' -- , EnE T _ . ' 1;' 'LIN I 11.'? I 11 I 1 I 11-1-1 'In `ti,,,,,,,, 1 I '''''' . (''''' 1 1, -- ' i 'in __, .; - .... ‘__I _„.. --- _ 1,4 06 :„. - - - i 1 'T i "P' I i 1 96Y12' SA3(1,F,EYER L---- 1...Ey . !I. .- — --1 iit ,Y,.41 ?- i ICe . --__17,..,,07_.; _$ 1 I ! r----. 6 P:612.729.5333 F:612.729.8351 Sprinkler I i 1 N sT) - : „s61.., SW M.D.DAIRY ' LE 9, 1 I 'A i ail ..---- ! V li T ar,r_la‘,r I - - .- .1"1 1 ,ez< nine, I faIL? I Of.190 1 I j..-,1 I c.;,,11,)T 1,,;,i).1 T v7 1.-.1s _ . 1'1- }--.1.---=-3 I , -„.7 E:chuck@clevin.com T ; ''-. i - e''-- DAIRY GEPT tp I I- `ti, i-/ i . I ' ,1 t-•,,; 1.co„)ho..;' !Cs.):■.,,,' . t.- a.k [ 0-0,- ' I. zo 1 1 1 1 • ARCHITECT'S PROJECT#1515 G Electrical 1./ t \ 30N1V / 12N8 ,....> ,#:/ I li _.- ; - I ;- - `F';') i (.1'1. ` , I . , 2 . L DELI COOL ER ' j;;->FILEEIR (V 24'MULTIDECK MEAT .1‘ 8'SERVICE 16'SERVICE T 'IL PRCOUCE 1 I 1 ■ '-, Of-1,1,i' 1 -, T "--- I i,,,/,-2„ ,I, i T I . , 6 , SEAFOOD MEAT Ise I-C') ,i.. , i PALLET: iTo 11-1 PREP Ts;f I ; ■■ i..0..„.,T,.-....T,...,,i, I r , I- i ..., .■,,______ ; , 1 ,. I I , •.. I,/ -. ,"-, (ta...1 is eut FROZEN, --I 1 p I L- II ■ , . Lakewinds Bike Rack --i 6 6'MULTI.DECK,1/4I 1 3-, .. 1 :,-1,,,: 1 (i.,a 6 My0.0f3 1 . T 4, , gi .: 1 i 3 k I I • _ 1 —I.' - = LL-- _ ,,,• , , i_[1 ,,,>. f -..';': 1- 7 ..., , - ,-,,,, — . 13 .-.--= r---;„ f}1_,, fll--l:-1# ,,, ,I gli q `I' 1 z _ LI'L X -- (2) ..„.„. 0 - ) li —LA"' gr-- T• J i r...i-L c..--, rc;) •1 ft:iv.:Ri, -,r, ;-..,- .. „E, , II 1, p 1,- ..„, i o. .: ' •II ' I Receiving 0 ---- 1 1' 1— E? DELI KITCHEN . . I- -9` ti' ;co ri-4.1 up co-,,, - -;r ,,, 5, 1 In T wi • "'-' g !) .1.,1 i lc,;?', 5: ._ , ?: ' 8! - 5' 2i 61 - al , ; 1 § 1 ., III prklyqE BINS i 091 (1.9E-Ei I Office: ,c.;' 3' l:' #1 , „,,, . 1 r., SOUPS oil ILL 1,0.6.-o. Jr;I 6..o. ,111 ; -,.; -. 6321 Bury Drive#21 ,1 q ;41 1 ! ' -.1-1 1 k ,i I( r- i g,I 1 I 8,REF ! ' I ' Eden Prairie,MN 55346 .I 12} ( NI ,2,0,. /00e,: lo 1 j` i 'r ''' 1-t 1-- I 1 I ; I !: I 1\ (DOUCE 9E- A I I 1 "' I"-L '''Ei SCi -i-: 11 j1. -' rt-4Hil 'I II 1 1 'OiNY II 1 I at . I 1 k.0 1\ PR (---nk1 I 1 2 up i .' .,•-2 . --11- t ''4 1 ' ;,', I, 6 I ' -1 l 04/29/13 (.1 I i ,Z, t •.' W 2,1 ,.,1,___1; '1 FROZEN I :1,I. Co-P '''1 1 c.,.' T1 1 NI 1 I la. ii u B KI°D.P A Ii i I j‘-)'',4 WELLNESS DESK 4; BULK '2`it' 1.'1 69 IN .-ET ti I E;k9 '1, 6, ,...r...,J,'-' I , „ ,,,,,.1 „. 0 ,0. _. I _ - -'I 1 I , i I 0 I 1 : C D . a 1 1 g,„ ! g 1 ° 1 0: c. , . , PRODLIC4GINS _ 1 WELLNES9 i I'Il La I 2 , r T \ L.,. ''Aii tf:- . , ,t _ [.-- -... ;;, g I— t1 971; I DEPT I -,.-T, FOODS . O 10T9I0109:01 '1`,9119, I .0 1 1,:,1 .,-, 1 , ! '.. I k 1-1 li; }L It 1/7 g'' U11. -; 1 [7:1 1 ri:' ' d '-'I •,- '; Dock t - i I .1 `.:M---`I "7. I 1 'HOT FOOD' in, -- - . T. ‘1 'ini 1 1 >1- 17 igj; ; I O C:-;'.1 1;'-''' ;IL' 1 , ,. i- 1 „ 6"8 L : 6 7 - 7 -7 i / 1 Mil !1!4 1 '-- ITitt 13'111EF.I - .L., _,),._..),.) 1 ---i I Fs,_. ,.: iv, pa, ,,c.c.„-; ,_,. ---,t! l' 1 i 1 1 , I I--r_ I _ l \ - 1 (lf 1 1 13.! ' 'g / ■ i 1 ■ r' Evi II I !,C.13?:1, • W 0" ...!' 8' EF.PRODUCC4) (ompactori , Recycling r.,,.. ) 1 , t_. ... i : ,, `..? Fi i II 1 II PRODUCE I in g , g' I'l g ■ -1 ! 1 ,,, fi• # , 7 (. -, `..,-.., 2' 11 • --1 H RI, . !! i . II z ,, • ;! ,! . 1 11. [1:■_EpTi 1 1.1- I hereby certify that this iT •A, a x t 1-`t9 p-n,specification or report 00, i I ( \I ss BAKERY ■ L ,- .i 2; • 2! 6; ■ ‘5'' 1:: '31 11 ' a I a _ /,_,--,-,,,/,,,,,, .:s prepared by me or . 1 20 yd I ''rr,..., ,:1' 1 • i __13.111EF. I tt99 I , ( Trash& , '. •o- IP ---, 'i 6; W'1 I; 6) el I I Compqstingi; -I I t ci, 1 I . . c, il! .a Ot 1 j ' 8 I -1.. ,9-...., PHODUC 1 t._?; 1 gj ;, t ` I.'11 I; 1 IIi I • , , . a, '...-°2:, --• , 1 , , i • 1 WAREWASH - \ . ` , 1_,.....1., IN D3 , - I . f i■ r ,_i ,,,,, ,...-, .1. ,. ril/11 ''•\ MD.DELI A , $!,... i-eq I I I I i I ji I 11 1! 1 C' II • ' \I r- La inC:n St he dat A(I Cha jrnt-Ga 1 0 7.4 C.0 ■ r, r,I !I, 1 00 -Ar?).. ' 3 DISPLAY 1.,...., , , . 1 u`s ,-.. i--- i 7 the -ws of t.thev‘c.,-;5.. ,,■. ii• ik i, .. Tr, YAff % i T I C 1 II1-j,TURBO WASH ; Non; Kr? ' I_ . . V I i I '-" i '', lit / I C'lligaillillIIIIIIMIIIIIIIII I-C9'3.' c03) C. L , l - ‘‘IPA111=11111101111111111111.11 _=„._ _ . ' 6'El ORAL Chad s Alan Levin --,.-- n I I I 0 i I IF, -------=.....,-=-.-.— .- .- --„ , i ,_- _.....-=-. Wig,. MN 1•'.0434■Idfitilt72 1 I 6'LOW SHELVING..„,.. ,,ii.■ ., Date:x xha , FDC 1 ....... -'-' - RIC FIELD -I-0 BEVERAGE I . ....., • ; ........ , rE.. j 6 j, . 6,04 3 V 12 BicyCles :7 \ STO•'E 0, .5. 112 0 )..(60,- --',' , _;.11. , I , .,. 1.- , , 1 , / , I., i ,-->., ,=., ' - ;7:4: / 4 / 1110,41 1' SERVICE I - ' \ ; ........ LIN:1-SEX L, /)111 1 ' 1 ' II 1 #41* I co ‘,.?,-4,.ii , . .,- 8 10!•,- 6 i I , 1 \ 41. Store A..ress: r eL::I :, ; / • ; ; 113 1 I •.* i ,.'' \ • ' A % Deli Seating 48 , ' ',\' ! l Entrance Plaza ---1\ \ Rlichlield, 55423 ,,,,,,,,‘„,,.. , [ Vekibule I Pahci,&,,,, ,ii Fr---- ! 1 ! . i 1 . ,,,,,:,4„,.., \ , , ] .1-1 IT,. 0L1'. il', Ili,oi il1 ng .._._, ..__ 1 i _.! .7---1, ._,__,„Ii.b.1 , ,_j i .., ■ I. .s., \ A2 1.....; , , .s, ,7 L. ....'-• ........„.7211-'.---1---------Parcel t- a . I:E-FIll'irei:-''-'1•'111-1-.."'-'---------------- , 248 16 • . 't ....7.---'-',... I Loading :!r'' , e 1 ' . i 1 ! .31'-10" 1 , 17'-? i' 1\l'• Area Summary First Floor 22,743 sf Mezzanine 1,855 sf Mechanical 392 FIRS LOOR Total 24,990 sf PLAN ©2013 Charles evin Architects O 0 0 O 0 0 O 0 0 Charles Levin 0 — — Architects 2300 Milwaukee Avenue Minneapolis Minnesota 55404-3150 P:612.729.5333 F:612.729.8351 E:chuck@clevin.com ARCHITECT'S PROJECT#1515 G Lakewinds 0 Sign Screened Roof top Office: Mechanical units 6321 Bury Drive#21 Eden Prairie,MN 55346 • 04/29/13 • • dnl Compressors I hereby certify that this plan,specification or report was prepared by me or O under my direct supervisi., and that I am a • ° Roof Access Licensed Archit,`,` �� the laws of the 4 ,,.. e " G� N$ — , � G M1i111 •11111 orags T OV• 09. 1J� Offices Mezzanine Charles Alan Levin i$i MN License No.14672 l Date:xx/xx/xx r \ [ Ab i�a,, s rver RICHFIELD 0 _ • . . . _ STORE i®_ _ Store Address: to til rile St J ` 6420 Lyndale Ave.S. 1M Man ^ Office Books Q Rlichfield,MN 55423 im Foes ------------,..,.., „',..; ::,..: A3 o :-. Open Office_ �1� Scan •-•--" .V ha y Canopy Sign '�� below 0 2 4 6 16 31'.40., 17'_7.• • --e nI i MEZZANINE / ROOF PLAN a ©2013 Charles Levin Architects ji '",. / ��.i / I I .....,,,,_ , RETAIL BUILDING BY OTHERS i. Charles Levin Architects Ellill■ ' 1 .M i 1,_ . ! 2300 ;r41---------- k---- ILIMMilimalim I I - T Milwaukee -s . • 1 : Avenue _ �■ T Minneapolis i s j f _ * . i v Minnesota W w i 55404-3150 --- - , P:612.729.5333 F:612.729.8351 ( 1 \WEST ELEVATION E:chuck@clevin.com Af Scale: 118•1' ARCHITECTS PROJECT#1515G J Lakewinds J -- - - _1 tj r — [ -- - - RETAIL BUILDING BY OTHERS I 4 �� .►! Office:•Ib' ' Ii ► I 6321 Bury Drive#21 I v „� 1.1 / 6 I ,.r4 - — Eden Prairie,MN 55346 F ISSUED 4/29!1 I h., • - Isimm, .AIIII . -':II. 41■111M ► 3- - - -1- • Iir W 'i ' W' 11 ilk — - ill 'W' --W' 1.11%kit — AlAITT'11111.1 f- I'• Y P r 1,. , a e.,. REVISED:5/13/13 R EV ISED:5/28/13_____ C2�,EAST ELEVATION A5_/Scale: 1/8":1' FINISHED AGGREGATE PRE-CAST EFIS ALUMINUM FRAME GLASS I hereby certify that this METAL ALUMINUM FRAME MECHANICAL UNIT ALUMINUM FRAME plan,specification or repo CONCRETE W/SMOOTH REVEAL l COPING �� WINDOWS ,(STUCCO/CURTAIN WALL 'SCREEN ••METAL PANEL FACIA A WINDOW was prepared by m P i' FINISH) W/TRANSPARENT ART MURAL j / / 1 under my direct sua,,I ..X04 l' r 1 and that I ``" G / 1 Licensed ,ier/ / /j // % the laws � CO M ■ -- 1 a MN / ' 1 I ,, I j 1 �• -1 Charles Alan Levin N ,N�= I MN License No. 14672 — ► r .c y - - i Date.xxhodxx _ = -hill _- a e-P RICHFIELD *y Mill 1r _ f — — -- — I — STARE - c l& �� `` >` P r, Store Address: s _._ t -�7 E I , a _ ► "� { " i ..�iT t I. �i 6420 Lyndale Ave.S. II__ I IN, rirl [111-- , i I ,_ (- 1 C — �t� I. Rlichfield,MN 55423 PAINTED GARAGE /:� HOLLOW METAL METAL PANEL ALUMINUM / FINISHED AGGREGATE PRE-CAST SLIDING GLASS f/ METAL PANEL f� DOOR DOOR ;-- COLUMNS ENTRY DOORS CONCRETE W/SMOOTH REVEAL ENTRY DOORS COLUMN ( 3 , SOUTH ELEVATION \.M..)Scale: 1/8":1' 0 2 8 16 RETAIL BUILDING BY OTHERS ° • • ill ■11 i �� i N , . -7 nk 1I1,llilfil. ' ! li?i ELEVATIONS ;�I 7-4-\ NORTH ELEVATION "2°13 , _---_ Charles Levin Architects �_ \A5 Scale: 1/8":1' ? 02 *. LUMINAIRE SCHEDULE LUMINAIRE LOCATIONS ' ( 5,,...• ow Ay F... 1.47 1.0. AMA trZ,. DA. 0 :07.:00/.0.7." 40.1.111.00.1.0. 16.6166. 1111 , A" . 0.1 1111 TM 7 STEM 4 DOM. I DO 1761 . \ ‘.6 '1 . I, i 0 . 3 ,„,,:=7"." 0141.1.006.10A Ma. 11. 0 2 DD 1111 40 . ENGINEERING INC. DiN \ \\. DO I. IA OD 763-585-6742 i /1 \ sv \ Z es, s scs,=`" A.S.001•00.LEDs AN.I. A. 0 1 DO 170 00 01 763.585-6757 Dm Entail:nwoollONtounong.wto Charles . , . A30110.017 044,44,....,44 6, OD 7 CO 170 . 00 543D Doughy:Drive North Crystol.MN 55429 Levin ,• . MOP 1.11011171177. 4100 AA Architects DO . . Steen Joh 0 CLA201301 it DA „,,,,, u„, le \ 9 0. • ?ROA= assects.saars to A.I. MCA. 2300 .-- 1011.0.1701 ,I,1 A 11.0. .110 00 '..' \ b.D\ . ..............1.17.7471..7.11:7:0: Milwaukee , . .... . I . .- ■ .,.. MUM.ON ...... If MI AS Of Avenue .. \ 0 AA n 11.700.00 70611. MO S. ASV A Al 01.0 . . \ k: .,. Minneapolis - - , \,.. .. . „ - .... - .. ...-- \ '..m CC 171 111 . Minnesota \ --- •....,,,,,, , \ ..,,, - ... 1. . 55404-3150 , . :'.\\ I A . 170 00 .■ \ STATISTICS A . 00 00 00 \ 'S i II \\ Z1 . AS ID . . C11::=111:::1111::1M:1:■:■::= P:612.729.5333 . 00 AD IA . '' S‘\\‘'S'', '. \ (...m.,61 4 ".'k 37. 7016 ,... II . 100 00 . F:612.729.8351 ...\ • E:chuck@clevin.corn ID • ,... + GO ff 0 . .•.4 s <hp . • + A GO 1. 10 110 S . .• '', li GG `,. • 11:021111111111:1M111:111111112111 V 0 1. 00 ILO a oo ao so co 7 ,.., '', ,\IZ\ ARCHITECTS PROJECT#1515F 4 ... A GO I. OA IA \ ' *.... • ,\ , N S‘ 'Se ." j-' ‘, ‘‘Q' '' ligWilligalligall.:11111021 A 00 160 . . \\7.1&.‘1=1M11 31 GO ISO 00 Of . I. 10 . O.; , SI . 1. Of . Lakewinds 63 . \ , . . so I. . . 4, , LI. "itt.=:......... se ^' . GO MO 16 . ‘: .. • 6 . •• V GO I. . . A11=1,060.6-ral,,Az9.6(.6666.96■1. A GO I. 08 SO \ 4' , .,, .., ..st .4\ .., '•,s \ =r'" A 00 100 Of . 6.• \ \6 • CC fib ... •• •• , A 00 AS 00 00 OffiCe. ... .6,. \ 4 • • 061. 00 00 ',.. GG ••\, Suite 21 • CC , \ 0 00 1110 10 OA A., \ 6321 Bury Drive . Eden Prairie,MN 55346 \ . ,. ,:,, s• •. ,, ,, • •• - \" •• •, '..!.."` . '" , N.. N...\\ \... .., • .• ,. , , .• .• •, ,, , .r' •A,A..4 \ ..■-..--- \ • \ " " " " " " " .."'"'"---" " " " . " " .. ." ... '. .. . ' " " ' " ' " .. . l ■ A \ \ ISSUE DATE: 4/26/2013 • / • ..\ . „ •. „ - ,, „ 1 \ . , D f u \ \ t. . \ \, ... \ s \ I hereby cerlify that this plan, \ ./ , , ,. , , ,, . •. .. ,./s• , , ... s• \ \ .. ........- , i6, . specification or report was prepared by \\ s• bp si\6` ., , . I me or under my direct supervision and \ , , that I am a duly Licensed Professional • N., , - .. ../.. , , \ . .. , . .. . , ‘ " - " " " '•• Engineer under the laws of the State of . . .\ " " " " " ../--'' " " ' .....• \ " ,>'.'75).F313 .. r. r. " • •. MN. \:::,...... '' ` • •■ •• •• ,, -.. .. \ si ti +X/ ' Date,4/26/13 i " " ..-..\ •DD,, . .. 1,. ,-- PHOTOMETRIC PLAN „ \ 111 1" = 30.-0" ,, , s. No NI 6, ,• RICHFIELD ......- . 1 .. iii .. , , I_ '' STORE .....- , .. - .. 1 .,-- \ Types AA, BB & BB1 .„---- ', Type CC Type DD,, • Type GG Store Address: 6420 Lyndale Ave.S. ‘ \\\\ CIMMION ';'' WSQ LED I Richfield,MN 55423 ..-um..maim Housing sr. -o as.. i) 111134.ED 6 ARCHIM 1U, f .'."-I LED © r 821/113r 4111/ ,., ::::Ir:,- ...:a. s:-..7. HIGH LUMEN LED Dowm• I !1.-- _ I...I I MOON t.e s. .,. ,,,i;:v1 ..f ,, .•III,......, ...-:;TF,. ...7 ---1-- .... C;:,e oiSt."4,17 . . ..• . _.. ... . .,... ,..::. 1 I I : I ..• 411 . . ........ .. .... ........,, ••...,... . ,.....”..,.. . ...: . . . .,. ....,......, § s,....•....... ''""••••' .;'2'...... ;'-'::.... . .. C} ,,.;.. . ...,..." ....... . ......:. 41' 0 41 _ .. ..... .. . ,..... ... . . .. ... , . . . ;.„,-,,,,, ,.,. .:,,.:...ii.:4:,,,,-- .........., _ .- _:,..,.,....,.................. ,.„.: ., ' ...... .,tasoz,....,.......2:-.-:;,,.„,... ..... ILE? .. . :;:r...,,::: .: ;',.:ri!.:i..^7":1:'''.." '4,..:..:;.1.-.:.:..*.:4:17:: • o 7...V.7:.7::.7.1:.r.":17. :.• t 1=i:,•:,;!I t°::::r:,„.—.. :::::::::;:::;::-- !,`,7 7.'.''1,11;1 7.2'.7:::-'.:'::,...',;::.:::-':,'..'...'::, SCALE: AS NOTED ..... , ..-•I F . ,..,...• •.. '',:, 7 - :. ? " lAftl-' , 14 ==1111/ F..,....F.FFI: .'':' " ;:;:•,..:::: 2;.-—— ..N1.::E. :":.7,':;:.',:.'..,...!..!'""•"'"' ' • iii.-.., **-",,M ... ...,... ,, !I KIIMMEOMMIMMENUMMINIMEMEN •:::::: ;'; :-, ..;."..',... ''.:':"."-.7:. :';..'..:.-,.•:;z1.1-.:•:— - N !7:'.,.::;.• ..7.:, 7. . . . • -4tiali • ii .- : . _... . .. ... • ....., v.,:-.,5,..,,,,:•......... ---------- :,.......,.....,,,..,... ilVENnas1 evg. •• • . ... • 1 ... ..•r.....,0 .:F.A....,..44.1...1.??......Z. '',i •' .177,1177°..."'....1.:*"1. .:' I'I '■ •" V.i.-V.11.: .11:....":27.,r....7:::' .477;......:;•-:....,;•■■■::•• ME= MEMIIMMIEME Min=IMEMIMI :4 ': 2 :•.,,. :...;...!.. ''.1...'::;:::....■...............,.... 0.06,6••,,••••••••• 1.4.i.1....-. ■:7:'.r.,' i--::::i'..f., '' :.1. .•'::,1': !.. '. ..'''''':-r. SITE PHOTOMETRIC . . - " • •- 7..:Zi•-. ' '4:-.-.-."-:.:f.... . . ....._ _ . . l 4..--- H— 3 PLAN ._ .... ...... ©2013 NW.•'''‘'..'...•.'....',..:::•::: s.......:::.L.-:... ......, tihiz-,',.;r,.! "--211.1'7:.:: ''.,'•.:'-• . MAX, . . • Charles Levin Architects , A ) ( B 1 ( C ) ( D ) i‘ E) ( F ', I G ) ( H ) „.,, .. : -r T •. ,,.• I • . Charles 1 ) Levin Architects -'L ,. --. 2300 ,L .„.1 : • 1 ,I 1 ) Milwaukee -1 - . Avenue - I ..- I Minneapolis II I 1 III \ Minnesota 55404-3150 • I P:612.729.5333 1 F::612.729.8351 S chuck@clevin.com ARCHITECTS PROJECT#I515 G _ I I I i I , \ Lakewinds 1 , I, I 1 1 , ,,... a a 0 a a a I RfftlincBepu:ar y Drive i r Prairie,m Nti 25 513 4 6 1 \ ) 05/28/13 ' 1 pm, , 7 • \ `-: ■ 1 1 0 a a o \i \ \ ',, 1 V 1 \ \ 'I ... 1 --1 3 ) - -` -- I hereby certify that this \ ----1-'----"\: -:: was and that Licensed prepared mphreeeydacpdti Ali irerrIeceachtadti ion ist specification py,oaer mr rv:iesp:i oo.:.rt i st‘ I I the laws of the 3.1 r a o \ . • .- 9*Clsci:-OCC' , 1 k3.21) L 1L r_, ............. 0 Charles Alan Levin ! I I "' gm II\ '\, MN License No.14672 Date:xxhodxx 1 11 1 P , ...*-- ii i I= RICHFIELD 11 . , , _, i 3.5 I k i , I;0 • , 0 i ,/,/131 i I t. \ \ STORE . Store Address: \ 6420 Lyndale Ave.S. Ill • I I , 1 I ....,' \ Rlichlield,MN 55423 t , ,- -1 \ ),) ,• ' \ I i o i 1 , . ......\ , . . . ,,,:4-1 s, • _,L...,.. _ ,... ' , • ' \ 4 ) , . ., , ---\ I ' • ,, ..., ■ ■ , ■ x , , / '\ , , / . i ■ , , 7 , A B ( C Cl : D ) D.1 : E I F t, G H • ,- -- ig■2013 Charles Levin Architects R -ay i ...-. t 1 (110.-. , ..., I oiliolo • 0114, ..„04 . , ... . ... . , ,i . .., . , .7 .: , . • 11 r 1 Ott4I.kM-PP'- i 00 O. '' t :. ray t r,i 0 1111 it I .ii ' s. ' r . - .'.1.e.:-Ull, ...': e i, :.:U11 14: ' ' 4: 1 illit. i I '" „,. R y ' .• , ... L , • Parking Supply/Demand Analysis Lyndale Gardens Redevelopment Richfield, Minnesota Prepared for: The Cornerstone Group Bloomington, MN Prepared by: Kimley-Horn and Associates, Inc. St. Paul, Minnesota ©Kimley-Horn and Associates,Inc. January 2013 160702000 FlKimley-Horn and Associates, Inc. X'--(3(0 Parking Supply/Demand Analysis Lyndale Gardens Redevelopment Richfield, Minnesota Prepared for: The Cornerstone Group Bloomington, MN Prepared by: Kimley-Horn and Associates, Inc. St. Paul, Minnesota I hereby certify that this report was prepared by me or under my direct supervision,and that 1 am a duly Licensed Profef ional Engineer under the laws of the State of lyri �espta. 11 _�. f_,. I By: ) -.. \ I/ - - Brian R`.-Smaalkoski,P.E.,'AICP,PTP,PTOE P.E.License No.47531 Date: January 11,2013 Ie Kimley-Horn Parking Supply/Demand Analysis up ng arLyndale Gardens Redevelopment and Associates, Inc. Richfield,Minnesota Introduction Kimley-Horn and Associates, Inc. has prepared the following parking analyses for The Cornerstone Group at the proposed Lyndale Gardens redevelopment site in Richfield, Minnesota.This report documents the methodology and findings of the parking supply and demand analysis and provides recommendations to better utilize temporal parking surpluses andjor deficiencies. This document provides an overview of the proposed redevelopment land uses and parking supply,a brief review of methodology and assumptions,and a discussion of results in the subsequent sections. Project Overview This analysis evaluates parking demand and supply based on the type and scale of the proposed land uses on the site, as well as the inventory and allocation of on-site parking.Table 1 below provides the on-site land uses and Table 2 documents the on-site parking considered in this analysis. Table 1—Proposed Development Land Uses Land Use Category Units Townhome(Units) 10 d.u. Apartment(Units) 141 d.u. Office (SF) 1,500 s.f. Retail (SF) 7,400 s.f. Food Co-op(SF) 20,000 s.f. Amphitheatre(seats) 200 seats Restaurant(SF) 2,600 s.f. Farmer's Market(SF) 8,400 s.f. Table 2—Proposed Parking Supply Site Location Number of Spaces Underground Parking 150 spaces Parking Behind Townhomes 20 spaces Visitor 34 spaces Retail 98 spaces Co-op 119 spaces On-Street 12 spaces Total 433 spaces • January 2013 1 mrl Kimley-Horn Lyndale Gardens Redevelopment bib-MO Parking Supply/Demand Analysis and Associates, Inc. Richfield,Minnesota Methodology This section provides the methodology for analyzing parking for the Lyndale Gardens site.The evaluation of parking supply and demand for the site used parking generation rates from the City of Richfield Code of Ordinances(Section 544:General Building and Performance Standards), Institute of Transportation Engineers(ITE),and Urban Land Institute(ULI).Table 3 below provides a comparison of parking generation rates recommended by each source.These parking generation rates were used to establish a peak parking demand for each land use. It should be noted that demand for the Farmer's Market use will only occur during the summer on Wednesday evenings. It is included in Table 3, but is discussed separately in the Results section of this report. Additionally,the demand for the Amphitheater use will occur on a non-routine basis,as events are scheduled.This analysis considered site parking demands with and without the demands for an event at the amphitheater. Table 3-Parking Generation Rates ULI Parking Generation Rates City Parking ITE Parking Land Uses Requirements Generation Weekday Weekend Rates Resident/ Resident/ Employee Visitor Employee Visitor Townhome 1 1.52 1.7 0.15 1.7 0.15 Apartment 2 1.94 1.5 0.15 1.5 0.15 Office* 3.64 3.45 3.5 0.3 0.35 0.03 Retail** 5 5.05 0.7 2.9 0.8 3.2 Food Co-op^ 1.25 2.83 -- 2.83 -- 2.83 Theatre 0.4 0.32 0.7 0.3 0.07 0.33 Restaurant" 10 17.4 1.5 9 2.25 12.75 Farmer's 1.25 2.83 -- 2.83 -- 2.83 Market *For the City Parking Requirements, Office<50,000SF was used. The rate is 1 space per 275SF. For ULI rates, Office <25,000SF was used. **For ULI rates, Retail<400,000SF was used ^For the City Parking Requirements, Other Business was used for the Food Co-op at 1 space per 800SF. For both the ITE and ULI rates, the ITE Grocery use was used. ^^For the City Parking Requirements, Restaurant Class I and II was used. Note:The Farmer's Market will only occur in the summer on Wednesday evenings. • January 2013 2 czprl Kimley-Horn Lyndale Gardens Redevelopment Parking Supply/Demand Analysis and Associates, Inc. Richfield,Minnesota The parking rates listed in the table above were applied to the various land uses on the site to determine single use parking demand,which is a measure of how much parking each individual land use would need if it were a standalone development. Table 4 and Table 5 demonstrate the parking demand for each of the individual uses. Table 4—Parking Demand for Individual Land Uses(Weekday) Site Land Uses Total Demand Townhome 19 spaces Apartment 233 spaces Office 6 spaces Retail 25 spaces Food Co-op 53 spaces Amphitheatre 69 spaces Restaurant 26 spaces Farmer's Market 22 spaces Site Total 453 spaces Note: Values in this table are based on ULI rates Table 5—Parking Demand for Individual Land Uses(Weekend) Site Land Uses Total Demand Townhome 19 spaces Apartment 233 spaces Office 1 spaces Retail 28 spaces Food Co-op 53 spaces Amphitheatre 74 spaces Restaurant 36 spaces Farmer's Market 0 spaces Site Total 444 spaces Note: Values in this table are based on ULI rates Due to the mixed use nature of the site,the analysis evaluated parking demand reductions based on several factors, including time-of-day variation, multimodal trip percentages, and internal capture of trip demands on the site. First,the peak parking demands were reduced based upon the principles of shared parking for weekdays and weekends,as described in the Urban Land Institute's Shared Parking Manual.The theory of shared parking indicates that several uses can share the same pool of parking, largely based on fluctuations in time of day demand between the uses.As an example,a restaurant's peak demands might be in the evening.When coupled with an office complex,whose peak demands are mid-day,the two uses can share a smaller pool of parking,without fear that their peak demands will overlap and cause a parking • January 2013 3 I Kimley-Horn Lyndale Gardens Redevelopment Parking Supply/Demand Analysis O ° and Associates, Inc. Richfield,Minnesota deficiency on site. Figures la, lb, 2a,and 2b on the following page illustrate this concept and show the specific time-of day distributions for the preferred uses on the Lyndale Gardens site. Figure la Site Time of Day Trends-Weekday 120% 100% ill\ o- sys^. 80% Townhome • -et--Apartment 60% - Office t ---Retail 40% Food Co-op Amphitheater 20% , Restaurant 0% r ti E E E E E E E E E E E E E E E E E E E ro ro ro ro ro ro a o E. E. E. d. a N. E. E. n. a ro so N. CO Os O — N — N M V' .n .O h CO Os O — N -20% Figure la shows that during the week, the residential uses have higher demands in the mornings and evenings and less demand in the afternoon. The office, food co-op, restaurant,and retail land uses all experience a similar demand pattern with higher demands in the afternoon.The restaurant and retail uses,as well as the amphitheater, have demands that continue into the later part of the evening.This indicates that office, retail, restaurant, and the food co-op uses are able to take advantage of reduced residential demand during daytime hours. Conversely, increased residential demand periods in the evening are acceptable given the reduced demand experienced by the office, retail, restaurant, and the food co-op uses.Additionally, since demand for the office and food co-op uses decreases earlier in the evening,the amphitheater use can take advantage of the space made available as demand for office and food co-op space diminishes.These relationships serve to confirm that a shared parking approach to parking demand mitigation on site will be acceptable. January 2013 4 g , I of Kimley-Horn Lyndale Gardens Redevelopment WEN Fr Ind Associates, Inc. Parking Supply/Demand Analysis Richfield,Minnesota Figure lb Site Time of Day Trends -Weekend 120% 100% : V 110111. " 80% 116S. -- l te —4--Townhome w- Apartment 60% a r Office Retail 40% j Food Co-op Amphitheater 20/ Restaurant 0% J E E E E E E E E E E E E E b N Q. N m E E✓f 'O n 0 E 0 0s Co d N Similar to the patterns experienced during the week, Figure lb shows that the office, retail, restaurant, and food co-op uses can take advantage of reduced residential demand during the daytime hours. One notable difference between the weekday and weekend demands is that on the weekends the amphitheater use has the potential to experience a high mid-afternoon demand (matinee performance)as well as a high evening demand (evening performance). Based upon event type,this may not occur very frequently. However,this afternoon demand occurs when residential demand is lower, providing potential space for parking during an event at the amphitheater. In addition to time-of-day reductions for shared parking,demand reductions were applied to account for the internal capture of parking demand on the site. Internal capture assumes that a certain portion of the users will trip chain while visiting the site, visiting two or more land uses without leaving the single parking space they have occupied at the beginning of their trip. For example, a resident is likely to use the retail or restaurant uses without moving their vehicle from their typical parking space near their residence. Or, an office user may walk to lunch, leaving their vehicle parked near their place of employment.Table 6 shows the internal capture percentages used as part of this analysis.These percentages were derived from typical ITE internal capture for these land uses, and were applied to those uses with the highest likelihood of being a second trip in a typical trip chaining experience. January 2013 5 clarlKimley-Horn Parking Supply/Demand Analysis Lyndale Gardens Redevelopment and Associates, Inc. Richfield,Minnesota Table 6—Internal Capture Reductions Time of Food Amphi- Farmer's Day Townhome Apartment Office Retail Co-op theater Restaurant Market 6am 0% 0% 0% 10% 10% 0% 10% 0% 7am 0% 0% 0% 10% 10% 0% 10% 0% 8am 0% 0% 0% 10% 10% 0% 10% 0% 9am 0% 0% 0% 10% 10% 0% 10% 0% 10am 0% 0% 0% 10% 10% 0% 10% 0% 11am 0% 0% 0% 10% 10% 0% 10% 0% 12pm 0% 0% 0% 10% 10% 0% 10% 0% fpm 0% 0% 0% 10% 10% 0% 10% 0% 2pm 0% 0% 0% 10% 10% 0% 10% 0% 3pm 0% 0% 0% 10% 10% 0% 10% 0% 4pm 0% 0% 0% 10% 10% 0% 10% 0% 5pm 0% 0% 0% 10% 10% 0% 10% 0% 6pm 0% 0% 0% 10% 10% 0% 10% 0% 7pm 0% 0% 0% 10% 10% 0% 10% 0% 8pm 0% 0% 0% 10% 10% 0% 10% 0% 9pm 0% 0% 0% 10% 10% 0% 10% 0% 10pm 0% 0% 0% 10% 10% 0% 10% 0% 11pm 0% 0% 0% 10% 10% 0% 10% 0% 12am 0% 0% 0% 10% 10% 0% 10% 0% The values in this table represent the percentage of trips at any given time that are generated from within the site. For example,the retail internal capture reduction suggests that 10 percent of all retail, restaurant,and food co-op related trips are associated with internally generated users(residents or employees)at any given hour throughout the day. Finally, a multimodal trip reduction for transit trips was also applied, largely based on the proximity to transit stops adjacent to the site. Based on 2011 U.S. Census data for the City of Richfield,8%of the working population commutes via transit. Therefore,an 8%reduction was applied to incorporate trips that would be made to the site by transit. This reduction was applied to all demands except residential uses,which were assumed to need full auto parking capacity.This theory assumes that while residents may be inclined to take transit for a portion of their trips,there will still be a need for auto storage because residents will not make 100%of trips from non-vehicular means, requiring auto ownership on site. ■ January 2013 6 Kimley-Horn Lyndale Gardens Redevelopment Parking Supply/Demand Analysis and Associates, Inc. Richfield,Minnesota Analysis Results Based on the input factors and assumptions described in the previous section,the shared parking analysis was developed for the Lyndale Gardens site,for weekday and weekend conditions,with and without an event. For the purposes of this document, variations to the events will be described separately to help define the magnitude of event demands on the site.The next few tables describe demand patterns for various land use groupings based on their location on the site.The site consists of two buildings, one in the north that has residential and office uses, and one in the south that has the retail, restaurant,and food co-op uses.As a result,the site was divided into these north and south areas.Table 7 and Table 8 below provide the general land use demand conditions for weekday and weekend conditions,respectively.The results in each table are based on ULI parking generation rates,which were preferred based on their reliance on shared parking methodology and reduced parking rates to account for heavier mixture of uses on a site. Rates using ITE and the City code were also evaluated and are included in the Appendix. Table 7—Weekday Peak Demand Results(No Events) Land Use Grouping Total Demand Peak Hour North Area: 253 spaces 6am and 10pm Townhome/Apartment/Office South Area: 95 spaces 1pm Retail/Restaurant/Food Co-op Site Total 319 spaces 7pm Note: Values in this table are based on ULI rates Table 8—Weekend Peak Demand Results(No Events) Land Use Grouping Total Demand Peak Hour North Area: 6am, 10pm, 252 spaces Townhome/Apartment/Office 11pm,and 12am South Area: 103 spaces 1pm Retail/Restaurant/Food Co-op Site Total 317 spaces 7pm Note: Values in this table are based on ULI rates • January 2013 7 Kimley-Horn Lyndale Gardens Redevelopment Parking Supply/Demand Analysis �; ` and Associates, Inc. Richfield,Minnesota The previous tables and chart provide a review of the land use specific parking demands generated on the site.Table 7 shows that during normal weekday conditions,the land uses on site have varying peak conditions,with the northern land uses peaking early in the morning and later in the evening, due to the nature of the uses and the heavy prevalence of residential uses.The land uses in the southern portion of the site peak in the afternoon. Retail, restaurant,and amphitheater uses all have similar peaking patterns throughout the early evening,which could create potential parking demand issues, especially on days when event conditions are at capacity. However,the peak demand during weekday conditions without an event,which occurs at 7pm, is 319 spaces,which is approximately 74 percent of the 433 estimated parking spaces on-site, indicating that there is enough parking to accommodate uses on the site during peak conditions as illustrated in Figure 2. Table 8 indicates that the weekend parking conditions are adequate to meet the demand,when compared to the overall estimated parking capacity on-site. However, similar to the weekday conditions, events at the amphitheater and/or the farmer's market could create potential issues with parking demand on-site.Scenarios showing events at the amphitheater and the farmer's market are presented following Figure 2. Figure 2 Demand vs.Supply(No Events) 500 i.. 450 400 350 Total Supply 300 .1...._. ----... 250 ! Weekday Total 200 Demand 150 Weekend Total Demand 100 i.. 50 0 E E E E E E E E E E E E E E E E E E E CO 10 CO CO (0 CO 0. 0. Q Q 0. 0. 0. fl. 0. 0. Q 0_ CO lD N CO CA 0 1-1 N N N (0 lA l0 N CO CI) 0 Events held at the amphitheater will occur periodically both during the week and on the weekends.The following tables and charts show the demand for parking when there is an event held at the amphitheater.This scenario does not include an event at the farmer's market. January 2013 8 = 1 Kimley-Horn Lyndale Gardens Redevelopment _ and Associates Inc. Parking Supply/Demand Analysis Richfield,Minnesota Table 9—Weekday Peak Demand Results(Amphitheater Event Only) Land Use Grouping Total Demand Peak Hour North Area: 253 spaces 6am and 10pm Townhome/Apartment/Office South Area: 95 spaces 1pm Retail/Restaurant/Food Co-op Amphitheater 69 spaces 6pm-9pm Site Total 388 spaces 7pm Note: Values in this table are based on ULI rates Table 10—Weekend Peak Demand Results(Amphitheater Event Only) Land Use Grouping Total Demand Peak Hour North Area: 6am, 10pm, 11pm, 252 spaces and 12am Townhome/Apartment/Office South Area: 103 spaces 1pm Retail/Restaurant/Food Co-op 1pm-3pm and 6pm- Amphitheater 74 spaces 9pm Site Total 391 spaces 7pm Note: Values in this table are based on ULI rates An event at the amphitheater,whether it is during the week or on the weekend, significantly increases the demand on the site. However,with 433 available spaces for the various land uses,there should be available parking capacity to accommodate an event. By taking advantage of time of day demand patterns and available parking in the north and south areas of the site, event managers should be able to allocate overflow demands appropriately on site. Events will likely require specific traffic and parking management plans, but with an additional 40+/-spaces available over the projected demands,the overall site parking system should be able to support an event with a seating capacity of 200 seats. Figure 3 below illustrates the demand versus supply during an event at the amphitheater. • January 2013 9 .. Kimley Horn Parking Supply/Demand Analysis Lyndale Gardens Redevelopment and Associates, Inc. Richfield,Minnesota Figure 3 Demand vs.Supply(Amphitheater Event Only) 500 450 400 350 Total Supply 300 250 I Weekday Total 200 Demand 150 I Weekend Total Ii Demand 100 50 ... 0 E E E E E E E E E E E E E E E E E E E 16 CO (0 CO f0 0 0. 0_ O. 0. a 0. 0. 0_ 0. a 0. 0. @ co 1, O) 01 O .-1 N 1-1 N m Cr n l0 N CO 0) O .-1 N .-1 1-1 In addition to events at the Amphitheater,the site expects to have recurring Farmer's Market events during the summer on Wednesday evenings. During these events, a portion of the parking supply will be converted to an open air market,with approximately 32 spaces removed from the regular parking supply, resulting in 401 spaces on the site. Additionally,the farmer's market creates a new demand for parking, with approximately 8,400 square feet of retail/grocery space.Table 11 shows the demand on the site during the Farmer's Market event, without a concurrent event at the amphitheater. Weekend demands are not shown for a Farmer's Market event because this event type is expected to only occur on weekdays. Table 11—Weekday Peak Demand Results(Farmer's Market Only) Land Use Grouping Total Demand Peak Hour North Area: 253 spaces 6am and 10pm Townhome/Apartment/Office South Area: 95 spaces 1pm Retail/Restaurant/Food Co-op Farmer's Market 22 spaces 4pm Site Total 333 spaces 7pm Note: Values in this table are based on ULI rates January 2013 10 , ✓ I Kimley-Horn Lyndale Gardens Redevelopment Parking Supply/Demand Analysis and Associates, Inc. Richfield,Minnesota As shown in Table 11, in the event of a farmer's market,the overall demand for parking space increases to 333 spaces. However,even with the increased demand and the reduced parking supply to 401 spaces, parking conditions are adequate to meet the projected demand. Figure 4 illustrates the supply versus demand for a Farmer's Market event. Figure 4 Demand vs.Supply(Farmer's Market Only) 450 400 { 350 300 -Total Supply 250 200 150 Weekday Total Demand 100 50 0 , r I E E E E E E E EE E E E E E l0 f� W Ol O •-■ N W N CO 01 O r-I r1 N'-1 The final event demand scenario includes two events held simultaneously at the Amphitheater and the Farmer's Market. For this analysis,only the weekday demands are evaluated, since it is expected that the Farmer's Market will only occur on weekdays. Table 12 and Figure 5 show the demand on the site with concurrent events. As with the previous scenario,the supply for concurrent events reduces the overall parking supply from 433 spaces to 401 spaces. ■ January 2013 11 Kimley-Horn Lyndale Gardens Redevelopment �„ and Associates Inc. Parking Supply/Demand Analysis Richfield,Minnesota Table 12—Weekday Peak Demand Results(Farmer's Market and Amphitheater Events) Land Use Grouping Total Demand Peak Hour North Area: 253 spaces 6am and 10pm Townhome/Apartment/Office South Area: 95 spaces 1pm Retail/Restaurant/Food Co-op Farmer's Market 22 spaces 4pm Amphitheater 69 spaces 6pm-9pm Site Total 402 spaces 7pm Note: Values in this table are based on ULI rates Figure 5 Demand vs.Supply(Farmer's Market and Amphitheater Events) 450 400 350 300 Total Supply 250 200 150 i Weekday Total Demand 100 50 0 E E E E E E E E E E E E E E E E E E E co co co co CO co 0. 0. 0. 0. 0. 0. O. 0. Q G 0. 0. @ �O N CO 01 0 '1 (-4 e-1 N m V 4l (13 N CO Ol 0 c�-1 ■N-■ The overall demand for parking space increases to 402 spaces when concurrent events are held, essentially matching the total supply. During these types of events it will be critical to have well defined event traffic and parking management plans to ensure that the available parking on site is utilized appropriately and demands are balanced across the entire site.With the parking fully utilized, it will likely be difficult for motorist to find the final available parking spaces,without the aid of parking management, wayfinding, and enhanced operations, such as valet conditions. January 2013 12 Kimley-Horn Lyndale Gardens Redevelopment Cs iii MN and Associates, arking Supply/Demand Analysis � Inc.. Richfield,Minnesota Conclusions The typical peak weekday and weekend parking demands should be satisfied with the current proposed parking configuration. Because the projected peak parking demands for residential uses are at off-setting times of day than the demands for the other uses on the site,there is opportunity to utilize the underground parking for overflow from the other uses,assuming proper signage and security protocols are established by parking and site management.This analysis evaluated four scenarios,each varying in their demands,with all but one resulting in a surplus of parking availability. Table 13—Summary of Peak Parking Demands Scenario Total Demand Peak Hour Surplus No Events Weekday 319 spaces 7pm 114 spaces Weekend 317 spaces 7pm 116 spaces Farmer's Market Event Weekday(parking supply of 412 spaces) 333 spaces 7pm 68 spaces Amphitheater Event Weekday 388 spaces 7pm 45 spaces Weekend 391 spaces 7pm 42 spaces Farmer's Market and Amphitheater Event Weekday(parking supply of 412 spaces) 402 spaces 7pm 0 spaces Note: Values in this table are based on ULI rates Opportunities for reserved parking will be limited and should be implemented carefully to closely monitor their impact to the parking operations. The townhomes will have dedicated 1 space per unit and visitor parking will be dedicated, resulting in 51 dedicated spaces.The only evaluated scenario that could potentially cause parking issues on site is the concurrence of two events held at the same time, resulting in fully utilized parking supply. When two events are held simultaneously, parking issues can be mitigated through the use of parking management,wayfinding,and enhanced operation,such as use of a valet. Implementing these strategies will direct event traffic to appropriate parking locations on the site,ensuring that the site parking is utilized effectively. • January 2013 13 APPENDIX Table Al—Parking Demands Using City Code Requirements Land Use Grouping Peak Demand Peak Hour No Events North Area: 293 spaces 6am and 10pm Townhome/Apartment/Office South Area: 76 spaces 1pm Retail/Restaurant/Food Co-op Site Total 349 spaces 7pm Amphitheater Event Only North Area: 293 spaces 6am and 10pm Townhome/Apartment/Office South Area: 76 spaces 1pm Retail/Restaurant/Food Co-op Amphitheater 74 spaces 6pm-9pm Site Total 423 spaces 7pm Farmer's Market Event Only North Area: 293 spaces 6am and 10pm Townhome/Apartment/Office South Area: 76 spaces 1pm Retail/Restaurant/Food Co-op Farmer's Market 10 spaces 4pm and 5pm Site Total 355 spaces 7pm Amphitheater and Farmer's Market Events North Area: 293 spaces 6am and 10pm Townhome/Apartment/Office South Area: 76 spaces 1pm Retail/Restaurant/Food Co-op Amphitheater 74 spaces 6pm-9pm Farmer's Market 10 spaces 4pm and 5pm Site Total 429 spaces 7pm Table A2—Parking Demands Using ITE Rates Peak Demand Land Use Grouping Total Demand Peak Hour No Events North Area: 291 spaces 6am and 10pm Townhome/Apartment/Office South Area: 118 spaces 1pm Retail/Restaurant/Food Co-op Site Total 377 spaces 7pm Amphitheater Event Only North Area: 291 spaces 6am and 10pm Townhome/Apartment/Office South Area: 118 spaces 1pm Retail/Restaurant/Food Co-op Amphitheater 59 spaces 6pm-9pm Site Total 436 spaces 7pm Farmer's Market Event Only North Area: 291 spaces 6am and 10pm Townhome/Apartment/Office South Area: 118 spaces 1pm Retail/Restaurant/Food Co-op Farmer's Market 22 spaces 4pm Site Total 391 spaces 7pm Amphitheater and Farmer's Market Events North Area: 291 spaces 6am and 10pm Townhome/Apartment/Office South Area: 118 spaces 1pm Retail/Restaurant/Food Co-op Amphitheater 59 spaces 6pm-9pm Farmer's Market 22 spaces 4pm Site Total 450 spaces 7pm Melissa Poehlman j -t/ From: brian.smalkoski @ kimley-horn.com Sent: Tuesday,January 29,2013 1:47 PM To: Melissa Poehlman Cc: bpfeifer @tcgmn.com;pstewart @cuningham.com Subject: Lynda le Gardens Redevelopment- Parking P g Questions Melissa, It was nice speaking with you this afternoon.The following is a brief summary of our conversation. Residential/Tandem Stalls • Residential is proposed to be a blend of market and affordable units • All market rate units get one underground parking stall o Exception,Townhomes get 2 stalls behind their unit o Exception, 3 bedrooms get a tandem stall • Affordable units have the option of renting a parking stall under the building or on the surface • Anyone can rent an additional stall while they are available. Excess tandem stalls will be available at a slightly higher price than a single stall Shared Parking • Our analysis assumed few barriers to truly sharing the surface lots • We don't anticipate a demand for the Food Co-op to exceed 53 or so spaces, meaning that there will be 66 surplus spaces in that area of the site • Parking in the south lot will be necessary to accommodate event scenarios • In scenarios other than events,the 314 spaces in the north lot, underground,and on-street will accommodate the peak demand of the residential, retail(non-Food Co-Op),and office uses at 292 spaces—although it is likely that some retail and restaurant users may park in the south lot due to proximity I believe this captures the key points of our conversation. If you need any additional information or have additional questions, please feel free to contact me. Have a great afternoon, Brian R.Smalkoski, PE,AICP, PTP, PTOE Kimley-Horn and Associates, Inc. 2550 University Avenue West, Suite 238N Saint Paul, MN 55114 Phone: (651)643-0472 Fax: (651) 645-5116 briansmalkoski(r)kind ,y (.um) www.ki r ley hot t).com 1 gLfL, N d v W r i � {N N a) > d N d V Q 0 d 0 N'CO' N' 0 U) p W G! N— c- 0 0 CL X O IU a 'a F N Cr) N 1.0 h.. 0) � C I-- I Cl) ia' ^ °o O Q 0 -' m +, E z nsmc, E '1 I co Z' � ( M CD CO N I 00. O' a N 4—' CO O C C O:O: N l)I� O;O o CO U. 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Feet MHD - Medium-High Density Residential 0 100 200 400 600 800 1,000 MIXED - Mixed Use N CC -Community Commercial V PRK- Park A , Path: I:\GIS\Community Development\Staf\Planning Tech\Projects\6400 Lyndale CP.mxd 1 6400-6430 Lyndale - PUD 5/2013 Surrounding Zoning Z U Et- } / 0 J rt a / O m Q 63RD STREET 1 I 0--R - R__R C2 _ W MR 3 -� R R]1 .1� 1R A 1 R' Rill r: R' R 1 R IR R;_R.. R ■ " R• '— Q R rR W --7"" 1R1 • —� MR 3 % _ . - 4 R1 C2■ 0 kw ( ::.,:-.. . , „ MR-3 .,':::;:i.,,:::-,;:i...71,i ( MR-21 MR-2 MR-2 PC-2 \ MR 4TH —BEET \ illo,R PMR R \ \L</".. R " ER:: r `5 PC-2 \ l.> MR,--3 F C-2 '`, W - % \\C-2 C 72 C 2 C-2 z 0 C2 �. I MR-3 {,-C ��11� 65'C off, sO '9 667„,m ST AIN w. ./...4./, . .411111 C-2 -General Commercial m 1•■• ■ Feet PC-2 - Planned General Commercial 0 100 200 400 600 800 1,000 R -Single Family Residential N MR-2 Multi-Family Residential MR-3 - High Density Multi-Family Residential t‘ PMR - Planned Multi-Family Residential Path: I:\GIS\Community Development\Staff\Planning Tech\Projects\6400 Lyndale Z.mxd Reciprocal Easement Agreement with Covenants, Conditions and Restrictions Richfield, Minnesota THIS RECIPROCAL EASEMENT AGREEMENT WITH COVENANTS, CONDITIONS AND RESTRICTIONS ("REA") made , 2013, by, Lyndale Gardens LLC, a Minnesota limited liability company ("Developer") and Lakewinds Natural Foods Cooperative, a Minnesota cooperative ("Lakewinds"). RECITALS: WHEREAS, Developer is the owner of certain property in the City of Richfield, County of Hennepin, State of Minnesota legally described as Lots 1, 2 and 4, Block 1 and Outlots A and B, all in Lyndale Gardens Addition, Hennepin County, Minnesota(collectively referred to as"Developer Tract"), all as identified on the site plan attached hereto as Exhibit A(the"Site Plan"). WHEREAS, Lakewinds is the owner of certain property in the City of Richfield, legally described as Lot 3, Block 1 Lyndale Gardens Addition, Hennepin County, Minnesota (the "Lakewinds Tract")and as identified on the Site Plan. WHEREAS, the Developer Tract and Lakewinds Tract shall be collectively referred to as the"Development." WHEREAS, Developer intends on developing a mixed use residential and retail strip center on the Developer Tract with related amenities;and WHEREAS, Lakewinds intends on developing a whole foods grocery store on the Lakevinds Tract; and WHEREAS, Developer and Lakewinds intend that the Development be operated as an integrated Development on the terms and conditions stated in this REA. NOW, THEREFORE, in consideration of the premises, the covenants and agreements 1 3-gig herein set forth and in furtherance of the development, Developer and Lakewinds hereby agree that the Development is subject to the declarations, easements, covenants and agreements hereinafter contained. ARTICLE 1 DEFINITIONS Defined Terms. Unless the context otherwise requires, the terms defined in this REA will have the following definitions: 1.1 "Access Openings"shall have the meaning ascribed to it in Section 4.5 of this REA. 1.2 Approving Parties. "Approving Parties" shall mean the Parties designated from time to time to make certain decisions and/or give certain approvals pursuant to the terms of this REA. There shall be only one (1) Approving Party representing the Developer Tract and one (1) Approving Party representing the Lakewinds Tract. Developer shall be the initial Approving Party for the Developer Tract, and Lakewinds shall be the Approving Party for the Lakewinds Tract, 1.3 Building Area. "Building Area" shall mean the areas of the Development within which buildings (which for the purpose of this REA shall include any appurtenant canopies, supports, loading docks, truck ramps and other outward extensions and outdoor patio or seating area)are constructed,placed or located. 1.4 Building. "Building" shall mean any permanently enclosed structure placed, constructed or located on a Lot, which for the purpose of this REA shall include any building appurtenances such as stairs leading to or from a door,transformers, trash containers or compactors, canopies, supports, loading docks, truck ramps, and other outward extensions of such structure. 1.5 Common Area. "Common Area" shall mean all parking lots, driveways, sidewalks and other areas within the exterior boundaries of the Development, exclusive of any Building Area and any Outside Sales Area. 1.6 Driveways. "Driveways" shall mean those driveways and related driveway improvements, paving, curbing, entrances and exits, in the location on the Lots as shown on the Site Plan. 1.7 Final Plat. "Final Plat" shall mean the final plat (or later additions) of the Lyndale Gardens Addition recorded with Hennepin County, a copy of which is attached hereto as Exhibit B. 1.8 Governmental Authorities. "Governmental Authorities" shall mean any federal, state, county, city or local govenunental or quasi-governmental authority, entity or body (or any departmental agency thereof) exercising jurisdiction over a particular subject matter. 1.9 Governmental Requirements. "Governmental Requirements" shall mean all applicable laws, statutes, ordinances, codes, rules, regulations, orders, resolutions and applicable judicial decisions or decrees, as presently existing and hereafter amended, of any Governmental Authorities. 2 1.10 Interest Rate. The lesser of the following: (a)the highest rate permitted by law to be paid on such type of obligation by the Party obligated to make such payment; or (b) two percent (2%) per annum in excess of the interest rate from time to time publicly announced by Wells Fargo Bank N.A., Minneapolis, Minnesota, or its successor, as its reference or prime rate, even though such bank may lend funds to its customers at interest rates that are at, above, or below such rate. 1.11 Lot. "Lot" or "Lots" shall mean individually or collectively the portions of the Development legally described as Lots 1, 2, 3, 4, Block 1, and Outlots A and B, Lyndale Gardens Addition. 1.12 Occupant. "Occupant" shall mean any Person from time to time entitled to the use and occupancy of any portion of a Building on a Lot under an ownership right or any lease, sublease,license,concession, or other similar agreement. 1.13 Outside Sales Area. "Outside Sales Area" shall mean an area of a Lot which is used exclusively by an Occupant of such Lot for sales and/or storage purposes and which is enclosed by a fence or other security barrier, compliance with all Governmental Requirements. 1.14 Party or Parties. "Party" or "Parties" shall mean Lakewinds, Developer and their respective successors and assigns or any successors or assigns thereof who become owners of any portion of the Development. Each Party shall be liable for the performance of all covenants, obligations and undertakings herein set forth with respect to the portion of the Development owned by it which accrue during the period of such ownership, and such liability shall continue with respect to any portion transferred, at which time the transferring Party's personal liability for unaccrued obligations shall terminate. On any conveyance of any portion of the Development, the conveying party will thereafter be released from any further obligation under this REA arising thereafter with respect to the part of Development so conveyed,and the grantee shall be liable for all obligations under this REA with respect to the part of Development so conveyed arising from and after the conveyance. Each Party agrees to execute and deliver any documents reasonably necessary to evidence such release for the purpose of recording or otherwise, which documents or assurances will be duly executed by the Parties or by any grantee to any such grantor. However no failure of a Party to execute or deliver such a document will render a release invalid. A Party transferring all or any portion of its fee interest in the Development or a Lot shall give notice to all other Parties and the Operator, if any, of such transfer and shall include in such notice at least the following information: (i) The name and address of the new Party; (ii) A copy of the legal description of the portion of the Development transferred by such Party; and (iii) If the new Party is a designated Approving Party. If a Lot is owned by more than one Person, the Person or Persons holding at least 3 fifty-one percent (51%) of the ownership interest in the Lot shall designate one of their number to represent all owners of the Lot and such designated Person shall be deemed the Party for such Lot. Any transferring Party shall(for the purpose of the REA only)be the transferee's agent. Nothing contained herein to the contrary shall affect the existence, priority, validity or enforceability of any lien permitted hereunder which is placed upon the transferred portion of the Development prior to receipt of the notice. 1.15 Person. "Person" shall mean any individual, partnership, firm, association, corporation,trust,or any other form of business or government entity. 1.16 Permittee. "Permittee" shall mean all Occupants and the officers, directors, employees, agents, contractors, customers, vendors, suppliers, visitors, invitees, licensees, subtenants, and concessionaires of Occupants. Among others, Persons engaging in any of the following activities on the Common Area will not be considered to be Permittees: (a)exhibiting any placard, signs or notice; (b) distributing any circular, handbill, placard, or booklet; (c) soliciting memberships or contributions; (d)parading, picketing, or demonstrating; or (e)failing to follow regulations relating to the use of the Development. 1.17 Utility Lines. "Utility Lines" shall mean those facilities and systems for transmission of utility services including, without limitation, gas, electrical, water lines, sanitary sewer lines, including without limitation drainage and storage of surface water and fire hydrants and any water lines servicing said hydrants. "Common Utility Lines" shall mean those Utility Lines, if any, which are installed to provide the applicable service to more than one Lot. "Separate Utility Lines" shall mean those Utility Lines which are installed to provide the applicable service to only one Lot. For the purpose of this REA, the portion of a Utility Line extending between a Common Utility Line and a Building shall be considered a Separate Utility Line. ARTICLE 2 UTILITY LINE EASEMENTS 2.1 Utility Line Easements. Lakewinds and Developer hereby grant to each other over, through and under their respective Lots the easements set forth herein and declare that each Lot is hereinafter subject to, encumbered by and shall be conveyed subject to and for the benefit of the Parties and Permittees, a perpetual non-exclusive easement over, under and across those portions of the grantor's Lot (exclusive of any portion located within the Building Area) to maintain, operate, repair, replace and construct all Utility Lines to, over and across the Development serving the grantee's Lot. The initial location of the Utility Lines shall be as identified on the Final Plat and the utility plans, if any, which are approved by both Approving Parties. The easement area shall be no wider than necessary to reasonably satisfy the requirements of a private or public utility company. Any Party shall have the right to relocate any Utility Line on its Lot upon notice to the grantee, as long as the relocation: (a) does not unreasonably interfere with the utility services to the grantee; (b) is performed at the relocating Party's expense; and (c) is completed using materials and design standards which equal or exceed those originally used. 4 A grantee may relocate a Utility Line on another Party's Lot with such Party's consent, which shall not be unreasonably withheld, conditioned or delayed, provided that such relocation (a) does not unreasonably interfere with the utility services to the grantee; (b) is performed at the relocating Party's expense; and (c) is completed using materials and design standards which equal or exceed those originally used. Any relocation on another Party's Lot shall be accomplished in accordance with the following: (i)before exercising the right to relocate any Utility Line, the grantee shall first provide the grantor with a written statement describing the need for such relocation, a survey and proposed final working drawings and specifications for construction of the proposed relocated Utility Line, and an architect's or engineer's report that contains all information that the grantor may reasonably request in connection with the proposed relocation and other work to be performed in connection therewith, and shall identify the proposed new location of the Utility Line; and (ii) upon request, the grantee shall provide to the grantor a copy of an as-built survey showing the location of such relocated Utility Line. Any Party installing, maintaining, operating, repairing, replacing or constructing utilities pursuant to the provisions of this Section shall pay all costs and expenses with respect thereto and shall cause all work in connection therewith (including without limitation general clean-up and proper surface and/or subsurface restoration)to be completed as quickly as possible and in a manner so as to minimize interference with the use of the grantor's Lot. If both Parties agree to install a Common Utility Line, all costs and expenses of such Common Utility Line may be set forth in a separate agreement between those cooperating Parties. All Utility Lines shall be underground except ground mounted electrical transformers, as may be necessary during periods of construction, reconstruction, repair or temporary service, as may be required by governmental agencies having jurisdiction as may be required by the provider of such services,and fire hydrants. 2.2. Maintenance of Utility Line Easements. Each Party shall maintain, repair and replace, or cause to be maintained, repaired and replaced, in a good state of repair and safe condition, at its sole cost, the portion of the Common Utility Lines on its Lot and any Separate Utility Lines utilized by it. Any Party performing or causing to be performed maintenance,repair or replacement work agrees to promptly pay all costs and expenses associated therewith, to diligently complete such work as quickly as possible, to promptly clean. the area and restore the affected portion of the Development to a condition equal to or better than the condition which existed prior to the commencement of such work, and not to unreasonably interfere with the use or occupancy of any of the other Lots. In the event that a Party fails to undertake such maintenance, repair or replacement of any Common Utility Line on its Lot within thirty (30) days after receipt of written notice detailing such failure, or within two (2) days after written notice in the event of an emergency, any of the other Parties may, but shall have no obligation to, undertake such maintenance, repair or replacement. A Party ("Advancing Party") who maintains, repairs, or replaces any Common 5 S -5a Utility Line on another Party's Lot in compliance with the terms of this REA shall bill the Party owning the Lot containing the Common Utility Line for the Advancing Party's reasonable costs in connection with such maintenance, repair and replacement. The Advancing Party shall have a lien on such other Party's Lot to secure payment of all sums advanced under this Section which shall be superior and senior to any lien hereafter placed upon the other Party's Lot, including the lien of any subsequent mortgage or deed of trust, except any first mortgage lien. Such other Party shall pay such expenses to the Advancing Party within thirty(30)days of receipt of such bill. The easements granted in this Article 2 will include the right to go in, to, over or across the Development, as may be reasonably necessary to exercise the easement rights granted in this Article 2; provided,however,that: (a) Any Party repairing Utility Lines on another Party's Lot shall give the other Party thirty (30) days prior written notice of its intent to enter the other Party's Lot so as to exercise its rights under the easements granted in this Article 2, but in the event of an emergency, each Party shall give the other Party reasonable notice; (b) Such exercise shall not unreasonably interfere with the use and occupancy by the other Party of its Lot and shall be calculated so as to minimize any interference with such use and occupancy; (c) Such exercise shall be at the sole cost and expense of the Party exercising its rights hereunder; (d) The Party exercising its rights hereunder shall promptly repair, replace and restore the other Party's Lot and any improvements thereupon including without limitation landscaping, sod and pavement to the condition that existed prior to exercise of its rights under the easements granted in this Article 2. Each Party agrees to perform all construction, maintenance or repair permitted by this Article 2 in as expeditious a mariner as possible. ARTICLE 3 DRAINAGE EASEMENT 3.1 Drainage Easement. Each Party grants to the other the easements set forth herein and declares that each Lot is hereinafter subject to, encumbered by, and shall be conveyed subject to and for the benefit of the Parties and Permittees, a perpetual non-exclusive easement to maintain, operate, repair, replace and construct all drainage improvements, including, without limitation, to any catch basin or pond in a public right of way, over and across: (i) that portion of the Development which may be identified on the Final Plat as the "Utility Easement and Drainage Easement"; (ii) any drainage and utility easements required by the City of Richfield; and (iii) any catch basin or pond identified on any grading and drainage plan as has been approved by the City of Richfield (collectively referred to as"Drainage Easement"). 6 -53 3.2 Maintenance of Drainage Easement. Each Party shall maintain, repair and replace, or cause to be maintained, repaired and replaced, in good state of repair and safe condition, at its sole cost,that portion of the Drainage Easement on its Lot. In the event that a Party fails to undertake such maintenance, repair or replacement of that portion of the Drainage Easement on its Lot, within thirty (30) days after receipt of written notice detailing such failure, or within two (2) days after written notice in the event of an emergency, any of the other Parties may, but shall have no obligation to, undertake such maintenance,repair or replacement. A Party ("Advancing Party") who maintains, repairs or replaces the Drainage Easement as set forth herein on another Party's Lot in compliance with the terms of this REA shall bill the Party owning the Lot containing the Drainage Easement for the Advancing Party's reasonable costs in connection with such maintenance, repair and replacement. The Advancing Party shall have a lien on such other Party's Lot to secure payment of all sums advanced under this Section which shall be superior and senior to any lien hereafter placed upon such other Party's Lot, including without limitation the lien of any subsequent mortgage or deed of trust, except any first mortgage lien. Such other Party shall pay such expenses to the Advancing Party within thirty(30)days of receipt of such bill. ARTICLE 4 INGRESS AND EGRESS AND PARKING EASEMENT 4.1 Ingress and Egress Easement. The Driveways provide the ingress and egress to Lyndale Avenue, the public right of way on the eastern boundaries of the Development. The Driveways are not public streets and are located within the Development. Developer and Lakewinds hereby grant the easements set forth herein and declare that the Developer Tract and the Lakewinds Tract are hereinafter subject to, encumbered by and shall be conveyed subject to, and for the benefit of the use by the Parties and Permittees, and in common with others entitled to use the same, at no charge: (i) a perpetual non-exclusive easement for pedestrian and vehicular access on, to, over and across the Driveways; and (ii) a non-exclusive easement for pedestrian and vehicular access on, to, over and across the all Common Area parking lots, driveways and sidewalk areas of each Lot, as the same may time from time be constructed and maintained for said use. Such easement rights shall be subject to the provisions contained in this REA. Such easement rights shall be subject to the following reservations as well as the other applicable provisions contained in this REA: (i) Each Party reserves the right to close-off any portion of its Lot for such reasonable period of time as may be legally necessary, in the opinion of such Party's counsel, to prevent the acquisition of prescriptive rights by anyone; provided, however,that prior to closing-off any portion of its Lot, such Party shall give as much written notice as is practicable (generally not less than thirty (30) days) to each other Party of its intention to do so, and shall attempt to coordinate such closing-off with each other Party so that no unreasonable interference with the passage of pedestrians or vehicles shall occur; (ii) Each Party reserves the right at any time and from time to time to exclude and restrain any Person who is not a Permittee from using its Lot; and (iii) Each Party reserves the right to temporarily erect or place barriers in and around areas on its Lot which are being constructed and/or repaired in 7 order to insure either safety of Persons or protection of property. 4.2 Maintenance and Operation of the Ingress and Egress Easements. Each Party shall at its cost operate and maintain the Common Area on its Lot, including, but not limited to the driveways; the parking lot pavements; planting areas, and storm drainage as set forth herein. No Permittee shall be charged for the right to use the Common Area. 4.3 Additional Improvements. The Easements granted in this Article 4 shall include portions of any subsequent improvements located on the Development which are identified for use as a roadway or pedestrian way providing ingress to and egress from the areas of the Development which are subject to the easements granted in this Article 4. 4.4 Parking Requirements. The parking area(s) on each Lot shall contain sufficient ground level, standard automobile size, parking spaces in order to comply with all applicable Governmental Requirements of all Governmental Authorities for their respective Lots. Each Party shall use its best efforts to cause the employees of the Occupants of its Lot to park their vehicles only on such Lot; provided, however, from time to time, to the extent that there are events that may occur at the amenities contemplated to be located on Outlot B being developed by the Developer (e.g. outdoor theater, ice ring, farmer's market), and additional parking is needed and the event occurs during a time period that does not otherwise interfere with the business on the Lakewinds Tract then Lakewinds agrees to allow non-exclusive parking on the Lakewinds Tract for such special events. In the event that Lot 4 is ever developed as a parking site or parking ramp then at such time as this development occurs then parking for events for Outlot B shall be directed to park in the ramp/parking area located on Lot 4 and not in the Lakewinds Tract. 4.5 Access Opening. The opening(s) and access point(s) shown on the Site Plan are hereinafter called the "Access Openings." The Access Openings shall in no event be blocked, closed, or removed, and after the filing of the Final Plat there shall be no alteration or change in the location of the platted Access Opening to Lyndale unless an alternate acceptable Access Opening is approved by the Governmental Authorities in connection with any further redevelopment of the Lots. There shall be maintained between the Access Opening a smooth and level grade to allow the use of the Driveways for pedestrian and vehicular ingress and egress as set forth in Paragraph 4.1 above. ARTICLE 5 OPERATION OF THE PROPERTY/RESTRICTIVE COVENANT 5.1 Uses. No use shall be permitted on the Development which is inconsistent with the operation of a first-class commercial development. Without limiting the generality of the foregoing, the following uses shall not be permitted: No portion of the Buyer's Parcel,or the Seller Retained Parcel may be used, directly or indirectly, for any of the following: Uses. No use shall be permitted In the Center which is inconsistent with the operation of a first- 8 class commercial development. Without limiting the generality of the foregoing,the following uses shall not be permitted: (i) Any use which emits an obnoxious odor,noise, or sound which can be heard or smelled outside of any building in the Center; (ii) Any operation primarily used as a storage warehouse operation and any assembling, manufacturing, distilling, refining, smelting, agricultural, industrial, or mining operation,provided, however, that such restriction expressly exempts the following agricultural uses: productive gardening, community gardening, distribution of food through community supported agriculture (CSA)programs and urban farming that includes the raising of bees or other animals as permitted by the applicable Governmental Requirements; (iii) Any mobile home park,trailer court, labor camp,junkyard, or stockyard (except that this provision shall not prohibit the temporary use of construction trailers during periods of construction, reconstruction, or maintenance); (iv) Any dumping, disposing, incineration, or reduction of garbage (exclusive of garbage compactors located near the rear of any building and exclusive of on-site composting,the size, location and screening of which shall be subject to the review and consent of both parties, provided that such consent shall not be unreasonably withheld, conditioned or delayed); (v) Any fire sale, bankruptcy sale (unless pursuant to a court order) or auction house operation; (vi) Any automobile,truck,trailer, or recreational vehicles sales, leasing, display, body shop or repair operation; (vii) Any mortuary or funeral home; (viii) Any gambling facility or operation, including but not limited to: off-track or sports betting parlor; table games such as black jack or poker; slot machines, video poker/black-jack/keno machines or similar devices; or bingo hall. Notwithstanding the foregoing, this prohibition shall not apply to governmental sponsored gambling activities, or charitable gambling activities, so long as such governmental and/or charitable activities are incidental to the business operation being conducted by the occupant; (ix) Any adult book store, night club or discotheque, massage parlor, or any other establishment which provides live entertainment or which sells, rents or exhibits pornographic or obscene materials; (x) Any"second hand" store, "surplus" store, flea market, pawn shop, government surplus store, Goodwill Store, salvage store, Salvation Army Store or liquidation 9 store; as well as provided that nothing in this section shall prohibit temporary weekend festivals that feature new and uses merchandise such as antiques and art or stores that feature used items such as "Only Deals", "Play It Again Sports", $1.00 Store and similar stores; (xi) Any central laundry, dry cleaning plant, or laundromat;provided, however,this prohibition shall not be applicable to nominal supportive facilities for on-site service oriented to pickup and delivery by the ultimate consumer as the same may be found in retail shopping districts in the metropolitan area where the Center is located; (xii) Any bowling alley or skating rink,provided, however this does not exclude a seasonal outdoor ice skating rink contemplated to be located on Outlot B; and except that a bowling alley may be permitted on the Developer Tract Lots 1 and 2 with the written consent of the Buyer's Parcel, not to be unreasonably withheld, conditioned or delayed provided that the size of the bowling alley does not exceed 8,500 square feet; (xii) Any animal boarding facilities except that this shall not prohibit pet shops nor shall it prohibit veterinary clinics or hospitals (that operate without boarding); (xiii) Any unlawful or illegal purpose. No Party shall use, or permit the use of Hazardous Materials (as that term is defined herein) on, about, under or in its Lot or the Development, except in the ordinary course of its usual business operations conducted thereon, and any such use shall at all times be in compliance with all Environmental Laws (as that term is defined herein). Each Party shall indemnify, protect, defend and hold harmless the other Parties from and against all claims, suits, actions, demands, costs, damages and losses of any kind, including but not limited to costs of investigation, litigation and remedial response, arising out of any Hazardous Material used or permitted to be used by such Party,whether or not in the ordinary course of business. For the purpose of this Article, the term (i) "Hazardous Materials" shall mean: asbestos, polychlorinated biphenyls, radioactive materials and all other dangerous, toxic or hazardous pollutants, contaminants, chemicals, materials or substances listed or identified in, or regulated by, any Environmental Law, and (ii) "Environmental Laws" shall mean: all federal, state, county, municipal, local or other statutes, laws, ordinances and regulations which relate to or deal with the environment, all as may be amended from time to time. This REA is not intended to, and does not, create or impose any obligation on a Party, and no Party or Occupant shall have any obligation, express or implied, to operate, continuously operate, cause to be operated a business or any particular business at the Development or on any Lot, or to re-open for business once a business is opened and then closes. 10 5.2 Restrictive Covenant/Exclusive Use. No part of the Development, except the Lakewinds Tract, shall be used or occupied for any of the following uses: Sale of Food. A whole foods market, supermarket, convenience store, or other store, or department within a store, or any other business, that sells food, groceries, fruit, produce, daily products, vegetables, baked goods, meats, fish, seafood, or delicatessen products. Notwithstanding the foregoing, this provision shall not prohibit (i) the operation of a restaurant(which includes,without limitation,ice cream stores/parlors, such as Cold Stone Creamery, Ben & Jerry's and other similar operations); or (ii) the operation of a take-out, pre-made but unbaked pizza store such as "Papa Murphy's"; or (iii) the operation of temporary food trucks; or(iv)the operation of a seasonal farmer's market or CSA drop off site; or (v) the sale of groceries and prepackaged snacks which is incidental to the operation of another business, provided (a) no milk, eggs, fresh meat, produce, dairy, frozen or refrigerated foods (except for soft drinks, ice cream products and juice) shall be sold(except by the above referenced restaurants or a pizza store meeting the requirements of this section or a weight loss clinic), and (b) the number of square feet of building floor area in such business which is devoted to the display of such groceries and prepackaged snacks (inclusive of aisle space) does not exceed the lesser of 1,500 square feet or 10% of the square feet contained in such business (collectively, the "Grocery Restriction"); 5.3 Maintenance of Common Area and Driveways. (A) Each Party shall maintain, repair and replace, or cause to be maintained, repaired and replaced, at its sole cost and expense, the Common Area on its Lot, including, but not limited to, the parking lots, driveways, sidewalks, planting areas, and storm drainage, including snow plowing, lawn mowing and landscaping of the Common Areas and Driveways, repairs and sealcoating of the Common Areas in a sightly, safe condition and good state of repair. Any unimproved Common Area shall be mowed and kept litter-free. The minimum standard of maintenance for the improved Common Area shall be comparable to the standard of maintenance followed in other first class developments of comparable size in the Minneapolis/St. Paul metropolitan area;notwithstanding the foregoing,however, the Common Area shall be operated and maintained in compliance with all applicable Governmental Requirements, and the provisions of this REA. (B) If any portion of the Common Area is damaged or destroyed by any cause whatsoever, whether insured or uninsured, during the term of this REA, other than damage caused by ordinary use or wear and tear, the Party upon whose Lot such Common Area is located shall repair or restore at least the parking portion of the Common Area at its sole cost and expense with all due diligence. If such damage or destruction of Common Area on its Lot is caused in whole or in part by another Party, the Party obligated to make such repair or restoration reserves and retains the right to proceed against such other Party for indemnity, contribution and/or damages. (C) Each Party shall be responsible for storing or removing snow from such Party's Lot. Notwithstanding the foregoing, in the event that Lakewinds is unable to store snow from the Lakewinds Tract on-site and Lot 4 is undeveloped, Lakewinds shall have the right to store snow on 11 Lot 4 at no cost. The right to store snow on Lot 4 shall terminate upon the earlier of (a) the commencement of development activities on Lot 4 or (b) written notice by Developer no less than thirty (30) days prior to such termination. Nothing herein shall prohibit the Parties from entering into a written agreement related to coordinated snow removal and/or off-site snow storage. 5.4 Building Improvements. (A) After completion of construction, each Party covenants and agrees to maintain and keep the exterior portion of the Buildings located on its Lot in first-class condition and state of repair, in compliance with all Governmental Requirements, and in compliance with the provisions of this REA, including without limitation the exterior architectural concept approved for such Building. Each Party further agrees to store all trash and garbage on its Lot in adequate containers, to locate such containers so that they are not readily visible from the parking area,and to arrange for regular removal of such trash or garbage. (B) In the event any of the Buildings on the Development are damaged by fire or other casualty (whether insured or not), the Party upon whose Lot such Building is located shall, subject to Governmental Requirements and/or insurance adjustment delays, immediately remove the debris resulting from such casualty and provide a sightly barrier, and within a reasonable time thereafter shall either (i) repair or restore the Building so damaged to a complete unit, such repair or restoration to be performed in accordance with all provisions of this REA, or (ii)erect another Building in such location, such construction to be performed in accordance with all provisions of this REA, or(iii)demolish the damaged portion and/or the balance of such Building and restore the cleared area to either a hard surface condition or a landscaped condition in which event the area shall be Common Area until a replacement Building is erected. Such Party shall have the option to choose which of the foregoing alternatives to perform, but such Party shall be obligated to perform one (1)of such alternatives. This REA is not intended to, and does not, create or impose any obligation on a Party to continuously operate, or cause to be operated a business or any particular business at the Development or on any Lot. ARTICLE 6 CONSTRUCTION 6.1 General Requirements. (A) Each Party agrees that all construction activities performed or authorized by it within the Development shall be performed in compliance with all Governmental Requirements. All construction shall be performed in a good, safe, workman-like manner. (B) Each Party further agrees that any construction activities performed or authorized by it shall not: (i) Cause any unreasonable increase in the cost of constructing improvements upon another Party's Lot; (ii) Unreasonably interfere with construction work being performed on any other part of the Development; 12 (iii) Unreasonably interfere with the use, occupancy or enjoyment of any part of the remainder of the Development;or (C) Each Party agrees to defend, protect, indemnify and hold harmless each other Party from and against all claims and demands, including without limitation any action or proceeding brought thereon, and all costs, losses, expenses and liabilities of any kind relating thereto, including without limitation reasonable attorney's fees and cost of suit, resulting from any accident, injury or loss or damage whatsoever occurring to any Person or to the property of any Person arising out of or resulting from any construction activities performed or authorized by such indemnifying Party; provided, however, that the foregoing shall not be applicable to either events or circumstances caused by the negligence or willful act or omission of such indemnified Party, its licensees, concessionaires,agents, servants, employees,or anyone claiming by,through,or under any of them. ARTICLE 7 TERM 7.1 Limitations. In exercising their respective rights and fulfilling their respective obligations under this REA the Parties subject to this REA will (a) not unreasonably interfere with any of the easements or licenses granted hereunder; and (b) comply with all of the applicable provisions of this REA. 7.2 Term. This REA shall continue in full force and effect until 11:59 p.m. on December 31, 2053; provided, however, that this REA, and all restrictions and covenants contained in this REA, shall be automatically extended on a year to year basis following such date unless any Party notifies all other Parties, by notice given at least four months prior to the end of any year, that it exercises its option to prevent this REA from being so extended; and provided further that, whether or not this REA is so extended, any easements referred to in this REA which are specified as being perpetual or as continuing beyond the term of this REA shall continue in force and effect. ARTICLE 8 ALTERATIONS 8.1 Alterations. Except as otherwise provided herein, no Party shall make or permit any material exterior or structural alteration, addition or barrier or other material addition, alteration or barrier to any part of the Development which will interfere with, prevent or unreasonably obstruct the exercise of any easement or license granted herein without the prior written consent of all directly affected Parties which consent will not be unreasonably withheld. This REA does not limit construction of any Buildings or other improvements in the locations set forth on the Site Plan. Lakewinds shall not have any right of consent or approval as to the design or configuration of any building constructed on the Developer Tract and neither Developer nor any other Party shall have any right of consent or approval as to the design or configuration of any building on the Lakewinds Tract. 13 ARTICLE 9 INSURANCE 9.1 Insurance. Each Party shall maintain comprehensive public liability insurance (comprehensive general liability coverage endorsed for broad form all risk coverage) covering claims for personal and bodily injury or property damage occurring in or on their portion of the Development on its Lot, including without limitation indoor or enclosed parking areas, the driveways and those areas covered by the easements under this REA, in an amount of$1,000,000 single limit coverage for bodily or personal injury or death, and for property damage, arising out of any one occurrence and $2,000,000 in the aggregate. 9.2 Certificates of Insurance. Each Party to this easement will deliver to the other Party upon the written request by the other Party certificates of insurance evidencing the insurance required to be carried hereunder. ARTICLE 10 WAIVER OF SUBROGATION 10.1 Mutual Waiver of Subrogation. Each Party waives all claims for recovery from the other party for any loss or damage to any of its property insured or is of the type generally covered by property insurance provided under the Comprehensive Replacement Cost Form, irrespective either of any negligence on the part of the released party which may have contributed to or caused such loss, or of the amount of insurance required or actually carried. ARTICLE 11 COMPLIANCE WITH LAWS; ZONING 11.1 Compliance with Law. With respect to their respective use, enjoyment and exercise of any rights or obligations hereunder, the Parties will comply with all Governmental Requirements of all Governmental Authorities. If a Party does not proceed diligently with any such compliance ("non-performing party") and such failure to proceed adversely and materially affects another Party, then the other party may give written notice to the non-performing Party specifying the respect in which the cure of such noncompliance is not proceeding diligently. If the non-performing party fails to proceed diligently within thirty (30) days after receipt of such notice, the other Party shall have the right to seek all remedies set forth in Article 14. Notwithstanding the foregoing, either Party may contest in good faith any such Governmental Requirements, including any of the foregoing relating to the imposition of taxes and assessments so long as such contesting party provides written notice to the other party of such contest within ten (10) days after receipt of the notice described above and said Party indemnifies, defends and holds the other Party harmless from any loss, or expense occasioned by such contest. 14 ARTICLE 12 DAMAGE AND DESTRUCTION 12.1 Damage and Destruction. If any portion of the Property over which runs an easement or license granted hereunder are damaged or destroyed, the owner of such damaged or destroyed property will repair or restore the damaged or destroyed portions to the extent necessary to allow for the operation and use of said easements or licenses within a reasonable time from the date of damage or destruction. ARTICLE 13 CONDEMNATION 13.1 Condemnation. If any portion of the Development over which runs an easement or license granted hereunder is taken or condemned, the owner of such property will restore or repair, within a reasonable period thereafter, to the extent of any proceeds from the taking or condemnation, the remaining portion of its site so as to fulfill the terms and conditions of this REA and to a condition reasonably suitable to the affected Parties. In addition to any rights or obligations hereunder, the owner of the property so taken or condemned will restore or rebuild any improvements required for the use of any of the easements granted hereunder, and so as to maintain the property in compliance with federal, state and local regulations, rules and laws, and in compliance with the terms of this REA. 13.2 Award. In the event any portion of the Development shall be condemned, the award shall be paid to the Party owning the property taken, except that if the taking includes improvements belonging to more than one Party, such as Utility Lines or signs, the portion of the award allocable thereto shall be used to relocate, replace or restore such jointly owned improvements to a useful condition as agreed upon by both Parties in writing. ARTICLE 14 DEFAULTS AND REMEDIES 14.1 Default. A party shall be deemed to be in default of this REA should a party fail to perform its obligations set forth herein or violate the rights and privileges of the other party as provided herein and such failure to perform or violation continues (a) in the event of a monetary matter, for a period in excess of ten(10) days after written notice of default, or(b) in the event of a non-monetary matter, except as expressly provided herein, for a period in excess of thirty (30) days after written notice of default, provided, however, that in the event of a matter which is susceptible to cure but which takes reasonably longer than thirty (30) days to cure, for such reasonable period after written notice of default,but in any event no longer than ninety(90)days. 14.2 Injunction. In the event any violation or threatened violation by a Party or its respective Pernittees of any of the terms, covenants and conditions in this REA, any of the other Parties, or their respective successors or assigns, will have, in addition to the right to collect damages and to pursue any remedy provided herein or available at law or equity, the right to enjoin such violation or threatened violation in a court of competent jurisdiction. 15 14.3 Cure of Default. In addition to the remedies provided herein, following a default which is not cured within the time periods provided for herein, upon ten (10) days prior written notice a non-defaulting Party ("Non-Defaulting Party") may cure the default of another Party ("Defaulting Party") including, without limitation, entering the Defaulting Party's site and constructing, repairing and maintaining, any or all parts of an easement, property to facility in, on, over or across which an easement or license granted herein runs, for the purpose or use for which that easement or license is hereby created and established,and all work shall be done at the sole cost and expense of the defaulting party. In the event any Non-Defaulting Party shall cure a default, the Defaulting Party shall reimburse the Non-Defaulting Party for all costs and expenses reasonably incurred in connection with such curative action, including reasonable attorneys' fees, plus interest at the Interest Rate, within ten (10) days of receipt of demand, together with reasonable documentation supporting the expenditures made. So long as such sums remain unpaid, the Non- Defaulting Party will have a lien on the Defaulting Party's Lot to secure payment of all sums owing under this REA, which lien shall be superior and senior to any lien thereafter placed upon the other Party's Lot, including the lien of any mortgage or deed of trust hereafter given, except any mortgage lien (whether such mortgage lien is in first or any subsequent positions), which lien to secure repayment to a Non-Defaulting Party may be foreclosed as provided by the laws of the state of Minnesota in the manner of a mortgage containing a power of sale. 14.4 Unavoidable Delay. If performance of any act or obligation of any Party is prevented or delayed by an act of God, war, labor disputes, unavailability of labor or materials or other cause beyond the reasonable control of such Party, the time for the performance of the act or obligation will be extended for a period that such act or performance is delayed or prevented by any such cause; provided, however, that a Party's inability to perform its obligations hereunder due to financial incapacity or its own negligence shall not constitute unavoidable delay. The delay will be excusable under this Section only if the Party unable to perform informs the other Parties in writing of the existence and nature of the delay and the time period reasonably necessary to cure the default. 14.5 Limitation of Remedy. No breach of this REA will entitle any Party to cancel, rescind, or otherwise terminate this REA, but this limitation will not affect,in any manner, any other rights or remedies which the Parties may have by reason of any breach of this REA. Each Party hereby waives any and all rights it may have to receive lost profit, consequential, exemplary or punitive damages with respect to any claim it may have against the other Party under this REA, it being agreed that no Party shall be entitled to receive money damages in excess of its actual compensatory damages, notwithstanding any contrary provision contained in this REA or otherwise. ARTICLE 15 AMENDMENTS 15.1 Amendments. Except as explicitly provided elsewhere in this REA, this REA may only be amended by written agreement signed by all of the then current Parties, except in the following event: that a provision of this REA which only affects specific Lots may be amended by a written agreement by all of the then current Parties owning the affected Lots. 16 No termination, modification or amendment will be effective until a written instrument has been recorded in the court recorder's or registrar's office for Hennepin County, Minnesota. No consent to the amendment of this REA shall ever be required of any Occupant or person other than the Parties whose consent is required pursuant to the provisions of this Section. ARTICLE 16 LIENS 16.1 Liens. If a Party ("Lien Party")performs or has performed any work upon its own property or upon the property of another Party ("Creditor Party"), the Lien Party will not permit any mechanic's,materialmen's or other similar liens to stand against the Creditor Party's property for the labor or material which have been furnished in connection with such work. If any mechanic's, materialmen's or other lien is filed against the property of the Creditor Party as a result of the nonpayment of an amount due which, if due, would not be payable by the Creditor Party by reason of this REA and which, if due, would be payable by the Lien Party, then the Lien Party will at its sole cost post a bond to procure the discharge of said lien upon written request of the Creditor Party. If the Lien Party fails to discharge said lien within ten (10) days from the written request of the Creditor Party, the Creditor Party may bond and contest the validity of any lien, pay the unpaid amount of the lien on its property and purchase the lien rights of the party which furnished the materials or services, and take all other action and expend any sum necessary to remove said lien. The Lien Party to whom the labor and materials were supplied will immediately pay any judgment rendered, all amounts expended by the Creditor Party (including without limitation all amounts expended by Creditor Party to cure), and all other expenses incurred by the Creditor Party to release its property from said lien including without limitation reasonable attorney's fees, interest and costs. The Lien Party or the Creditor Party will immediately notify the other of any lien filed against the other Party's property. ARTICLE 17 BINDING EFFECT 17.1 Binding Effect. All of the easements and rights granted in this REA are appurtenances to the applicable portions of the Development and none of the easements and rights may be transferred, assigned or encumbered except as an appurtenance to such portions. Each and all of the easements, covenants, restrictions and conditions contained in this REA (whether affirmative or negative in nature) (i) are made for the direct, mutual and reciprocal benefit of the Lots; (ii) will create mutual equitable servitudes upon the Lots in favor of the other Lots; (iii)will constitute covenants running with the land; (iv) will bind every person having any fee, leasehold or other interest in any portion of the Lots at any time to the extent that such portion is affected or bound by the easement, covenant, restriction or condition; and (v) will inure to the benefit of the Parties and their respective successors and assigns. 17.2 Conveyances. The Parties acknowledge that this REA runs with the land and agree that in each instance in which a Party conveys any part of its interest in all or any portion of the 17 Development to a grantee or lessee: (i)the grantee or lessee shall not use, occupy, or allow any use or occupancy of the Development so conveyed in any manner which would constitute a violation or breach of any of the covenants in this REA; and (ii) that the grantee will perform all of the obligations of the conveying party under this REA with respect to the portion of the Development conveyed to such grantee. 17.3 Superiority of REA. Except as otherwise provided herein, this REA and the rights and privileges, easements, covenants, agreements and licenses, tendered with respect to the Development shall be superior and senior to any lien now or hereafter placed upon any Lot including the lien of any mortgage or deed of trust. Without lessening any of the foregoing, no breach herein shall render invalid, diminish or impair the lien of any mortgage or any deed of trust, but all of the easements, covenants, conditions, restrictions, licenses and terms contained in this REA shall be binding upon and effective against any person or party (including any mortgagee or beneficiary under a deed of trust) who acquires title to any portion of the Development by foreclosure,trust deeds, deed in lieu of foreclosure or otherwise. ARTICLE 18 DEDICATION 18.1 Dedication. Nothing contained in this REA will be deemed to be a gift or dedication of any portion of the Development to the general public or for the general public of for any public purpose whatsoever, it being the intention of the parties, that this REA will be strictly limited to and for the purpose expressed in this REA. ARTICLE 19 SEVERABILITY 19.1 Severability. If any clause, sentence or other portion of the terms, conditions or covenants of this REA become illegal, null or void for any reason or be held by any court of competent jurisdiction to be so,the remaining portions will remain in full force and effect. ARTICLE 20 NOTICES 20.1 Notices. All notices, statements, demands, approvals or other conununications to be given pursuant to this REA must be in writing, addressed to the parties and will be delivered in person, or by certified or registered mail,postage prepaid,to the following addresses,or to any other address which the parties may from time to time designate: 18 If to Developer, to Lyndale Gardens LLC 7661 Bush Lake Drive Bloomington, MN 55438 Attention: Colleen Carey With a copy to: Winthrop& Weinstine,P.A. 225 South Sixth Street, Suite 3500 Minneapolis, MN 55402 Attention: Tammera Diehm If to the Lakewinds,to: Lakewinds Natural Foods Cooperative Attn: Dale Woodbeck, General Manager 6321 Bury Drive, Suite 21 Eden Prairie, MN 55344 With a copy to: Gerstein-Timm, PLLC 100 Prairie Center Drive, Suite 210 Eden Prairie, MN 55344 Attention: Beth Timm, Esq. To any Party subject to this REA to the address provided pursuant to Section 1.4. ARTICLE 21 GENERAL 21.1 Headings. The headings of articles and sections in this REA are for convenience of reference only and will not in any way limit or define the content, substance or effect of the articles or sections. 21.2Abandonment. Easements created hereunder will not be presumed abandoned by non- use and rights and the easements and rights created hereunder will not terminate due to the occurrence of any damage or destruction of portions of the Development subject to an easement or other right except as provided expressly herein. 21.3 Governing Law. This REA will be governed in accordance with the laws of Minnesota, including without limitation matters affecting title to all real property described herein. 21.4No Third Party Beneficiary. This REA is not intended to give or confer any benefits, rights, privileges, claims, actions or remedies to any person or entity, including without limitation the public, as a third party beneficiary or under any statutes, laws, codes, ordinances,rules,regulations,orders,decrees or otherwise. 21.5 Status of Parties. The parties have not become and do not intend to become partners or joint venturers and nothing herein shall be construed or applied to constitute the parties as partners or joint venturers. 21.6Mortgagee Protection. If the holder of any mortgage shall succeed to any Party's interest in the Development,whether by foreclosure sale or by deed in lieu thereof, then 19 • the holder of such mortgage will not be liable for the acts or omissions of such Party occurring prior to the date the holder of such mortgage succeeds to possession and control of such Party's interest in its Lot. The holders of any first mortgage affecting any part of the Development or any improvements thereon shall have the right but not the obligation to cure a default hereunder. 21.7Taxes and Assessments. Each Party shall pay, or cause to be paid prior to delinquency, all taxes and assessments with respect to its Lot, the buildings, and improvements located thereon and any personal property owned or leased by such Party in the Development, provided that if the taxes or assessments or any part of the same may be paid in installments, the Party may pay each such installment as and when the same becomes due and payable. Nothing contained in this Section 23.7 shall prevent any Party from contesting at its cost and expense any such taxes and assessments with respect to its Lot in any manner such Party elects, so long as such contest is maintained with reasonable diligence and in good faith. At the time as such contest is concluded (allowing for appeal to the highest appellate court), the contesting Party shall promptly pay all such taxes and assessments determined to be owing, together with all interest,penalties and costs thereon. 21.8lnterest. Wherever and as often as one Party shall not have paid any sum payable hereunder to another Party within ten (10) days of the due date, such delinquent Party shall pay interest on such amount from the due date, through and including the date such payment is received by the Party entitled thereto, at the Interest Rate. 21.9Consent. Unless expressly provided otherwise in this REA, whenever consent is required in this REA, such consent shall not be unreasonably withheld or delayed. Unless provision is made for a specific time period, consent shall be given or withheld within thirty(30) days of the receipt of the request for consent. If a notice that consent will be refused is not given within the required time period,the requested Party shall be deemed to have given its consent. If a Party refuses consent, the reasons therefor shall be stated. Except with respect to a consent given by lapse of time, all consents and refusals to consent shall be in writing. Any right to consent contained in this REA shall be held by the Party owning the Lot to which such right relates. Any purchaser of any Lot in the Development shall automatically acquire any right to consent at such time as such purchaser becomes a Party, unless the selling Party (a) conveys less than all of its ownership interest in the Development and (b) provides in writing, either in the deed conveying a portion of its ownership interest in the Development or in another agreement executed by the selling Party and recorded in the Hennepin County recorder's office prior to or simultaneously with such deed, that such selling Party retains the right or rights of consent described in such instrument. Until a purchaser becomes a Party, and only to the extent the selling Party does not so retain any right to consent, all rights to consent associated with such Lot shall remain with the selling Party and its heirs, successors and assigns with respect to the non- conveyed portion of the Lot. 20 [Signatures Appear On Next Page] 21 IN WITNESS WHEREOF, the undersigned have executed this Reciprocal Easement Agreement with Covenants, Conditions and Restrictions effective the date and year first above written. LYNDALE GARDENS LLC By: Name: Its: LAKEWINDS NATURAL FOODS COOPERATIVE By: Name: Title: STATE OF MINNESOTA ) ) ss. COUNTY OF ) The foregoing instrument was acknowledged before me this day of , 2013, by , the of Lyndale Gardens, LLC, a Minnesota limited liability company, on behalf of the company. Notary Public STATE OF MINNESOTA ) )ss. COUNTY OF ) The foregoing instrument was acknowledged before me this day of , 2013, by , a of Lakewinds Natural Foods Cooperative, a Minnesota cooperative, on behalf of the Cooperative. Notary Public THIS INSTRUMENT WAS DRAFTED BY: Gerstein-Timm, PLLC (BGT) 100 Prairie Center Drive, Suite 210 Eden Prairie, MN 55344 22 EXHIBIT A SITE PLAN 23 g , 7o EXHIBIT B FINAL PLAT 24 25 CONSENT TO RECIPROCAL EASEMENT AGREEMENT WITH COVENANTS, CONDITIONS AND RESTRICTIONS The undersigned, Local Initiatives Support Corporation, a New York not-for profit corporation, ("Mortgagee") is a holder of that certain Mortgage, Security Agreement, Assignment of Leases and Rents and Fixture Filing ("Original Mortgage"), executed by Lyndale Gardens, LLC, a Minnesota limited liability company ("Mortgagor"), in favor of Mortgagee dated November 21, 2011. Said Mortgage was recorded on November 22, 2011 in the office of the Registrar of Titles of Hennepin County, Minnesota as Document No. T4903926, as thereafter amended by First Mortgage Modification and Spreading Agreement dated August 29, 2012, filed on September 13, 2012 in the office of the Registrar of Titles of Hennepin County, Minnesota as Document No. T4992449 ("First Modification"), the original as modified by the First Modification are collectively referred to herein as the"Mortgage"). The Mortgage constitutes a valid and subsisting first lien upon the property legally described in the attached Exhibit A. The Mortgagee desires to waive any objection it may have to the execution and acknowledgment of the foregoing Reciprocal Easement Agreement with Covenants, Conditions and Restrictions ("Declaration"), by the parties thereof, and desires further to consent to the recording of the foregoing Declaration in the office of the Registrar of Titles in and for Hennepin County, Minnesota. 26 NOW, THEREFORE, in consideration of One Dollar ($1.00) and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Mortgagee, for itself, its successors, and assigns, hereby consents to the foregoing Declaration, and to all the terms, covenants, easements and conditions contained in said Declaration, and consents to the recording of said Declaration in the office of the office of the Registrar of Titles in and for Hennepin County, Minnesota. In addition, Mortgagee, for itself, its successors and assigns, agrees that the Mortgage shall be, and the same hereby is made, subject to the foregoing Declaration with the same force and effect as though the foregoing Declaration had been executed, delivered and recorded prior to the date of the Mortgage. IN WITNESS WHEREOF, this Consent has been executed by the undersigned as of this day of , 2013. Local Initiatives Support Corporation, a New York not-for profit corporation By: Its STATE OF ) )SS. COUNTY OF ) The foregoing instrument was acknowledged before me this day of 2013, by the of Local Initiatives Support Corporation, a New York not-for profit corporation, on behalf of the not-for-profit corporation. Notary Public THIS INSTRUMENT WAS DRAFTED BY: Gerstein-Timm, PLLC (BGT) 100 Prairie Center Drive, Suite 210 Eden Prairie, MN 55344 27 Exhibit A to Consent to Reciprocal Easement Agreement with Covenants, Conditions and Restrictions 28 CONSENT TO RECIPROCAL EASEMENT AGREEMENT WITH COVENANTS, CONDITIONS AND RESTRICTIONS The undersigned, Hennepin County Housing and Redevelopment Authority, a Minnesota body corporate and politic ("Mortgagee") is a holder of that certain Combination Mortgage, Security Agreement, Assignment of Leases and Rents and Fixture Filing("Mortgage"), executed by Lyndale Gardens, LLC, a Minnesota limited liability company ("Mortgagor"), in favor of Mortgagee dated November 21, 2011. Said Mortgage was recorded on November 22, 2011 in the office of the Registrar of Titles of Hennepin County, Minnesota as Document No. T4903927. The Mortgage constitutes a valid and subsisting first lien upon the property legally described in the attached Exhibit A. The Mortgagee desires to waive any objection it may have to the execution and acknowledgment of the foregoing Reciprocal Easement Agreement with Covenants, Conditions and Restrictions ("Declaration"), by the parties thereof, and desires further to consent to the recording of the foregoing Declaration in the office of the Registrar of Titles in and for Hennepin County, Minnesota. NOW, THEREFORE, in consideration of One Dollar ($1.00) and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Mortgagee, for itself, its successors, and assigns, hereby consents to the foregoing Declaration, and to all the terms, covenants, easements and conditions contained in said Declaration, and consents to the recording of said Declaration in the office of the office of the Registrar of Titles in and for Hennepin County, Minnesota. In addition, Mortgagee, for itself, its successors and assigns, agrees that the Mortgage shall be, and the same hereby is made, subject to the foregoing Declaration with the same force and effect as though the foregoing Declaration had been 29 executed, delivered and recorded prior to the date of the Mortgage. IN WITNESS WHEREOF, this Consent has been executed by the undersigned as of this day of 2013. Hennepin County Housing and Redevelopment Authority, a Minnesota body corporate and politic By: Its STATE OFMINNESOTA ) )SS. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of 2013, by the of Hennepin and Redevelopment Authority, a Minnesota body corporate and politic, n behalf f Authority..ng Notary Public THIS INSTRUMENT WAS DRAFTED BY: Gerstein-Timm,PLLC (BGT) 100 Prairie Center Drive, Suite 210 Eden Prairie, MN 55344 30 Exhibit A to Consent to Reciprocal Easement Agreement with Covenants, Conditions and Restrictions 31 CONSENT TO RECIPROCAL EASEMENT AGREEMENT WITH COVENANTS, CONDITIONS AND RESTRICTIONS The undersigned, Greater Metropolitan Housing Corporation, a Minnesota non-profit corporation ("Mortgagee") is a holder of that certain Mortgage ("Mortgage"), executed by Lyndale Gardens, LLC, a Minnesota limited liability company("Mortgagor"), in favor of Mortgagee dated November 21, 2011. Said Mortgage was recorded on November 22, 2011 in the office of the Registrar of Titles of Hennepin County,Minnesota as Document No. T4903930. The Mortgage constitutes a valid and subsisting first lien upon the property legally described in the attached Exhibit A. The Mortgagee desires to waive any objection it may have to the execution and acknowledgment of the foregoing Reciprocal Easement Agreement with Covenants, Conditions and Restrictions ("Declaration"), by the parties thereof, and desires further to consent to the recording of the foregoing Declaration in the office of the Registrar of Titles in and for Hennepin County, Minnesota. NOW, THEREFORE, in consideration of One Dollar ($1.00) and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Mortgagee, for itself, its successors, and assigns, hereby consents to the foregoing Declaration, and to all the terms, covenants, easements and conditions contained in said Declaration, and consents to the recording of said Declaration in the office of the office of the Registrar of Titles in and for Hennepin County, Minnesota. In addition, Mortgagee, for itself, its successors and assigns, agrees that the Mortgage shall be, and the same hereby is made, subject to the foregoing Declaration with the same force and effect as though the foregoing Declaration had been executed, delivered and recorded prior to the date of the Mortgage. 32 IN WITNESS WHEREOF, this Consent has been executed by the undersigned as of this day of , 2013. Greater Metropolitan Housing Corporation, a Minnesota non-profit corporation By: Its STATE OFMINNESOTA ) )SS. COUNTY OF ) The foregoing instrument was acknowledged before me this day of 2013, by the of Greater Metropolitan Housing Corporation, a Minnesota non-profit corporation, on behalf of corporation. Notary Public THIS INSTRUMENT WAS DRAFTED BY: Gerstein-Timm,PLLC (BGT) 100 Prairie Center Drive, Suite 210 Eden Prairie, MN 55344 33 Exhibit A to Consent to Reciprocal Easement Agreement with Covenants, Conditions and Restrictions 34 -S I CONSENT TO RECIPROCAL EASEMENT AGREEMENT WITH COVENANTS, CONDITIONS AND RESTRICTIONS The undersigned, Housing and Redevelopment Authority in and for the City of Richfield, a public body corporate and politic under the laws of the State of Minnesota ("Mortgagee") is a holder of that certain Mortgage ("Mortgage"), executed by Lyndale Gardens, LLC, a Minnesota limited liability company ("Mortgagor"), in favor of Mortgagee dated November 21, 2011. Said Mortgage was recorded on November 22, 2011 in the office of the Registrar of Titles of Hennepin County, Minnesota as Document No. T4903928. The Mortgage constitutes a valid and subsisting lien upon the property legally described in the attached Exhibit A. The Mortgagee desires to waive any objection it may have to the execution and acknowledgment of the foregoing Reciprocal Easement Agreement with Covenants, Conditions and Restrictions ("Declaration"), by the parties thereof, and desires further to consent to the recording of the foregoing Declaration in the office of the Registrar of Titles in and for Hennepin County, Minnesota. NOW, THEREFORE, in consideration of One Dollar ($1.00) and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Mortgagee, for itself, its successors, and assigns, hereby consents to the foregoing Declaration, and to all the terms, covenants, easements and conditions contained in said Declaration, and consents to the recording of said Declaration in the office of the office of the Registrar of Titles in and for Hennepin County, Minnesota. In addition, Mortgagee, for itself, its successors and assigns, agrees that the Mortgage shall be, and the same hereby is made, subject to the foregoing Declaration with the same force and effect as though the foregoing Declaration had been executed, delivered and recorded prior to the date of the Mortgage. 35 IN WITNESS WHEREOF, this Consent has been executed by the undersigned as of this day of , 2013. Housing and Redevelopment Authority in and for the City of Richfield, a public body corporate and politic under the laws of the State of Minnesota By: Its STATE OF MINNESOTA ) )SS. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of 2013, by the of the Housing and Redevelopment Authority in and for the City of Richfield, a public body corporate and politic under the laws of the State of Minnesota. Notary Public THIS INSTRUMENT WAS DRAFTED BY: Gerstein-Timm, PLLC (BGT) 100 Prairie Center Drive, Suite 210 Eden Prairie, MN 55344 36 Exhibit A to Consent to Reciprocal Easement Agreement with Covenants, Conditions and Restrictions 7832917v3 37 I"-I I ACCESS OPENING -III I I I I -.I LYNDALE GARDENS MULTI- I '.. 'FAMILY HOUSING I _, 1 IV.. • , 4 . 41 ■ --- - 4 1 1 I Pr-t .... ., LYNDALE GARDENS MULTI- 1 'FAMILY HOUSING . 7 6._........,..„...... 1 I el.....LL-ri .. .. . ACCESS OPENING (>4) • $%,>';',> ,, ef.. Vv• -1-<, oi,ho . a .1**. GARDENS <0 •4r, RETAIL 2 C., <0 LYNDALE•••, • LAKEWINDS ACCESS OPENING • RICHFIELD LAKE .VA• "Isi:•„, .,,s, _ ■,"', -,">.2,-~''' :,../,, ACCESS OPENING \,,:;',.•,,>,-"' HATCH INDICATES DRIVEWAYS AGENDA SECTION: PUB.HEARING AGENDA ITEM# 9 REPORT# 110 =Add STAFF REPORT RICHFIELD CITY COUNCIL MEETING JUNE 11, 2013 REPORT PREPARED BY: MELISSA POEHLMAN, CITY PLANNER NAME, TITLE DEPARTMENT DIRECTOR REVIEW: ,,® :.�*��t� �/� SIGNATURE OTHER DEPARTMENT REVIEW: ❑ ./A ripoir/ ..„.4615" REVIEWED BY CITY MANAGER: 0. L ITEM FOR COUNCIL CONSIDERATION: Public hearing to consider approval of a preliminary and final plat for properties currently addressed as 6330, 6400 and 6430 Lyndale Avenue. I. RECOMMENDED ACTION: Conduct and close a public hearing and by motion: Approve a resolution granting final approval of a plat for 6330, 6400 and 6430 Lyndale Avenue. \ II. EXECUTIVE SUMMARY As a condition of approval of redevelopment plans for the Lyndale Garden Center (6400 & 6430 Lyndale Avenue) and the adjacent commercial property (6330 Lyndale Avenue), the land was to be replatted. The attached plat creates four lots and three outlots. The approved residential building, retail liner and Lakewinds Co- op will occupy Lots 1-3. Outlot A is land that is within Richfield Lake and the adjacent holding pond. This land will be deeded to the City. Outlots B and C cover the areas that will be occupied by the quasi-public amenities (fountain, terrace seating, stage, pizza oven, community gardens); these outlots will be owned by Lyndale Gardens, LLC. Lot 4 is available for future development. III. BASIS OF RECOMMENDATION 061113 - Lyndale Gardens (6330, 6400, 6430 Lyndale) Plat A. BACKGROUND In March, the City Council approved The Cornerstone Group's (dba Lyndale Gardens LLC) redevelopment plans for the north half of the former Lyndale Garden Center site and the small commercial property at 6330 Lyndale Avenue. This approval was contingent upon approval of plans for the redevelopment of the south half of the site and the replatting of the property. Conditions of plat approval include: - Completion of a plat opinion by the City Attorney, and compliance with the City Attorney's comments; - Addition to the plat of the recorded 40-foot drainage and utility easement acquired in 2007 for the City's storm sewer pipe; - Outlot A must be conveyed to the City of Richfield; - A Declaration of Maintenance for Private Infrastructure related to Outlots B and C must be recorded; and - Existing structures must be demolished. B. POLICY • Preliminary and final plats are typically processed and acted upon by the Council simultaneously. • The applicant must submit two sets of mylar versions of the plat to the City for signature by the Mayor and City Manager. • Code requires plats to be recorded within 30 days unless the Council grants an extension for good cause. Approval is contingent upon demolition of the existing buildings. This is anticipated to take 4-5 weeks. This period of time includes the 4th of July holiday. In order to accommodate this schedule, staff recommends that an extension be granted allowing 60 days to record the approved plat. C. CRITICAL TIMING ISSUES • 120-DAY RULE: The 60-day clock `started' when a complete application was received on May 31, 2013. A decision is required by September 28, 2013. • If approved, demolition is scheduled to begin on June 24, 2013. • If approved, sale of Lot 3 to Lakewinds Natural Foods is scheduled for August 7, 2013. D. FINANCIAL • The required application fee has been paid. E. LEGAL • At the time that this report was drafted, the City Attorney's office was working to complete a plat opinion. Completion of this opinion by the City Attorney, and compliance with the City Attorney's comments is a stipulation of approval. F. ENVIRONMENTAL CONSIDERATIONS • N/A IV. ALTERNATIVE RECOMMENDATION(S) • None V. ATTACHMENTS • Resolution • Survey (existing conditions) • Plat VI. PRINCIPAL PARTIES EXPECTED AT MEETING • Colleen Carey — Lyndale Gardens LLC/The Cornerstone Group • Beth Pfeifer— Lyndale Gardens LLC/The Cornerstone Group q- j RESOLUTION NO. RESOLUTION GRANTING FINAL APPROVAL OF A PLAT FOR 6330, 6400 AND 6430 LYNDALE AVENUE (LYNDALE GARDENS) WHEREAS, Lyndale Gardens, LLC ("Applicant"), has requested final approval to combine and then subdivide the properties located at 6330, 6400 and 6430 Lyndale Avenue, in the City of Richfield; and WHEREAS, the proposed subdivision is to be known as LYNDALE GARDENS; and WHEREAS, a public hearing was held on the proposed final plat of LYNDALE GARDENS on Tuesday, June 11, 2013 at which all interested persons were given the opportunity to be heard; and WHEREAS, the preliminary and final plat for LYNDALE GARDENS was approved by the City Council after a public hearing was held on June 11, 2013. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield, as follows: 1. The proposed plat of LYNDALE GARDENS satisfies the requirements of the City's subdivision ordinances. 2. Final approval is granted to the Applicant for the plat LYNDALE GARDENS is contingent upon the following conditions: a) Completion of a plat opinion by the City Attorney and compliance by the Applicant with all comments of the City Attorney's plat opinion; b) The Applicant must demolish all existing structures on the properties; c) The Applicant must convey Outlot A to the City of Richfield; d)A Declaration of Maintenance for Private Infrastructure related to Outlots B and C must be recorded; and e)Addition to the plat of the recorded 40-foot drainage and utility easement acquired in 2007 for the City's storm sewer pipe f) The Applicant must file the final plat and deed for the conveyance of Outlot A with the Hennepin County Recorder or Registrar of Titles, within 60 days of the approval of this resolution; and g) Staff is authorized to make changes as required by the Hennepin County Surveyor's Office. Adopted by the City Council of the City of Richfield, Minnesota this 11th day of June 2013. Debbie Goettel, Mayor ATTEST: Nancy Gibbs, City Clerk q -A ALTS/AGSM LAND TITLE SURVEY -.'7.n ti R " X = '. •-ions Ymnmml yFmnd V o' VICINITY MAP o. �a.11d�&umkw ono ~ (No sc ) O.Sanitary Sewer Withal* g to j-r Part of Sections 27 & 28 and RLS 675 & RLS 1560, SIAM, E,era] Nmq teal d E-w•am + Prt - A S. Manhole .0 f q Township 28, Range 24, Hennepin County, Minnesota —-- i i �` M-wt= rc Y i I I__, 1 - - - —a_ ` -__ - .EwKm ant. Box i El l'-;' \) 1 r f I \ IeV ■^v (f V I I\ .: , '3 6�Il AI I'a n r n I.: ! •• ay- el-Electric Velar LL b. V 1I./ , 1/ 1/ l 1 7 k-Eedk Nand Hole Z .floc.*Pow Pole toy - i I Polrteiyo A.Finite 1 _..____.-__-_ _._____ f.28'1µr10 Am-II I I a Cm Yrlar �_ p n RMRahk MI 35422 SECIIOIIS 2]MO 213 Elmldc Transformer Box u 0 No.28-JD28-24-i1-OD72 -r Lorry G.&Sharon F.Stockwell T0NwV 28,Rana N >y-Llyrt Pds B -.6 !,..,i....:, 8223 YbM Am tr $-Sanitary Clem Out 0m0 I I L pIdAWQ YN 3512] NDaLPYd P)1.9t1Y,YWNESOTA THE CORNERSTONE GROUP, INC 509(rh>y�k.Yinl -} q ti1 P!D No.28-028-24-11-0006 ! j $-µLO d post 0, x=e:4W,iwAw 5wq I £m $8g. Z_7 55422 ,j o 0t y�j+. IP!D No.28-028-24-11-0040 SA I b'(50..11`(w[°I 6 : 1�s*Pak ` o• fi 0 589.11'50"W 1 ,vi.µ,,,,u"wrverV r:.\ b.s s88•24'5o°w °co�tn r 'U'° b gtl‘....:32.....1.,51 DEED 202 00 a I 4T we, a � r„�� 5x220 EIS / m �' ix ••� 202.02 a e 5139111'50"W ) �I, 1, 1 MD,elk)213 s3.Auld Sprinkler m O. R '128 01 'fin A i g NetBPttioTE0001 u-Telephone Box N • LYNDALE GARDENS ;�.' 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Bep.../ 9 m °wlarr eC.°' 1' pOT35 � P «I ,/-t g"r N,(q3 �°I 70 theq r-.qa'.''!I.A'»1 S.u "'9 B(i 2 °a - sf�u Sower iv... t-, -1 ,I : .r-> K'R RD No 28-. -24- 0002 a,5 _a - tl� �� L%I V'a�ma NT.and 225fq bar v) F rr , `a.s:s'✓'ao —a— Undagroannd EkcMC r, \\ "-1/--Pia.u /• 1 a I .awe e1 N La .Bin.2.' 6E Ov O' —..•. ° ¢'�„tr° ON Overhead Cods Television �l m -=,c ;?'• 1 PARCEL A -- - '-"- - - `° Ikdarprmne Code reka,lon L }• 3,Tf. \roast°r ol¢-. i 3 f; 1 `' - Par I �I It 4 P.rimod Telephone c W RAR 02 •F\\ Pond® "•''`''' _ .,�..e. } •I {- --. tkara-ama rrwhme i 4 N66PL0• '.,b .'�X• fie.^ a ti 00 £ a -- E ?:e a n_ 0 V• 1 , y�B W W—.� �I-' .dean r 960 .re) \\\ lit -_- - Street PS r a e 5> p \ 4 m•� a West i Mrea°lan° ..fne", t)7it9 0•!°'k 6�45 R `-_tlatn woe P.S I.x t. \ ` 18� .— - __ .� h. 55211( Par �g c w1 1 , 0.a+ :j'< stew .;.:�C \ 8fata Ja a l 0 1— 4 Z a.e-`0a ,\\ S8j4 `.. 1 axe�1,„_l�+ - >m i. Q r-f °� 3180'2 E `•��\,♦\ 5 ne�f�,', .._ ,. L . :'.'L -- g!" / (L a W alt d'. - _____ r_ra a �(�•- n'�. \L. ✓ 1 iI �I''' _ y.. aJB 4 �o�1 eel Z Z ins '�9y0"6 ._ • L�' , r G t, t- \\ Pond \Y.• - ' ra* \e YPr 9� >P e•r �^ca^y N W -\ I f \ I z J SSk A term•.net to' \ '<�"Tg r J^ �` L' \ 1 \`_\\\ L -" -w_^: k 3 y °p o ay t g �I Q • r, \ �N i a I�' F `z P' ',, b 'l \ N,\,!. f Q rJ \ \ �N w\ •k a, a 4 �• \r q fait, \ Gross Lake .1.2 \\ \ a\ :7.3s°n *'C I £o`.♦`,`T) -0 _ ...0 '\ a J EL f'-•LEGAL DEsCRIP310N:1hr('rumen+calth land Tdk lnsurwwa Comps,.3JAmend edCrmmigwnl(9-39-2011LTltk Laurarucalk No.23093I wYl air ef,ite doe aS7tmbe 12,2011) acµ �f°ree Q k `'` `♦ ` 7< <� Pu rRa taew.+ % \ \\`\V !q\.. g AO.13)5µe"41 P .f /s ,\ '\fz2`� \\ n.du c r.5."n,>.>b.>n>a,.nrva wnrx hp3ovr.oi" O PARCELS 'f�'f4 `4'A \ , Ay- VEI B \ �/ no: ,'1�t.` 4`� aaJ•lbal ganef the falbxmgdneribN Iasi and...tons Memo lams mNwry of the waxily bncaf N YxmN Land Sunny N¢1560 W itseaxnsrmu: 5,� Thep.at:own.+.La l In Section 28,Township 28,Range 24 eksrlad m folk s:lksinn°n,.a point on the Fist time of said C-womml L.3 Wont 106051 km South ham dm Nmbew cwm+IM nE them West al a lien 4 e� \\ \\ \ ��b •,iE \ rr ' Q•, $y ♦ ;.\ �0e a°\ a angle to mid list the a dolmen of 1165 kW,thence North ale right angle a dismmcof 16.00 feet;Theme West at n right angle a dolma of 121.5 ft to the Southerly extension of the West lm of Block),'RAYS INNNIIURST 2ND .7 C., \ _ .l >l /a uaa mw ,`eYY� V ,♦,(, , Cixi ,�\ AUDITION•thcmc South along said calcmnmbnsmxnscet test wlM1al-ne drawn parslklwoth endawnt 19267foot 5wxh of the Westerly extension orate South l'eoldie Eaa114nt alley plated in mid Mock i,'RAYSI.YNNIIIIRSI m \ \ RLAt\�\ � \ saewene-4---; F.' �l - \{ 4e'n P/l ar/'e BI R;. \, g etgun a istance uf2_10 feel,thence Suwhweµetly nt"whin % \ at1"a. ,/ P P > Y;\.' \n .,-\ �Oy' \ Landmark Nu7.1 pursuant.T.rimCum NO A.2547 on Ilk mean center line of the did of Gross Lake;theme Smthmedy Wong mid mean center lire,determined In TOtrcns(km No A-2547 b the Nnnh.dY lone Resisted land re.rave \ - a '1\iii•�.( SS, g• 1✓ a st.°a,6 ` \_•F Survey No-1560.Reno*Ctmuy,Minnesota.theme Eatedy,s°°Ihety,Cauerp nodSmthery Wong the Northerly,Easterly.Northe nod Eagerly inn amid Survey k the Smith...y extension of Ma Nenhuededy law of Train h 3\\ '`T85�8<-_. �1. cs>0� ee i i \ A.Registered Land Sunny No.675,Omagh gh Comly,Ahmn..dunce N'wthemerly okras and Southwesterly ex knkm mil along Me Nonh.eslttly line of mid Regbload land Survey No.675 to the Fm114ne of mid Omemaxnl Lot l: ♦\._.'-h:7 a ` 0 p/ i ^ pi.K d �a,jp_ \Ilk!..." i thence North along mid Fast line bde point nib giming:except that pan ofJxF 170.5 kw thereof Wing Northerly an lion bearing Smolt 82 deyem West(assuming the fist line nfmiJOmem:mml.m3 b N'mhand S0uth1 ♦< A • `•'.y /,\\, 3101 61 T6x /J'e + , •a ..- '` • \ Z fnm a point an said Earl line distant 1176.3 foil South(Hite Nonheul comer of mid I.a I G Park _ - L ' ,N;%\ 6r31,µ 5, s so f ' rfi d a 5 � Y ass >9 Rt. s , o Nry9vanofCroSunenLot 6]s Ills n28.a Township 8.RSnla:t24,wtaunn,,,,Canty Minnm4gua,&n sd>os knout Commencing at Mc Meru-Winn titheOmknnllruid Mesmmlot 3 with acNonlmen9S rbll e.wotlpr. \ / I \ \ . \\2f p.3 e•1 l 'Y•�\� 9♦, - n'• M N _ \ Ii \ BAs \> F, e �*,� \ d v fhxged land Suns,N•2dePmsegMConr.mme...mllw\t'csthmmlbarigrn mix Re(n>rc NLao4 gunk Wmalogdm NaM lyalylima miaaid Nmb6blWagwcvny adamnmidirn9 ksi lawn south s5 \ ,( of 1, 19 minutes Wm Mq°xYUlpwMafhpmmg , �A \=— I \ \ > °°po9d9 I./,y _1:,. �adY S� .Rn�. i, �\% imna nand R.Regruaml Land SUnry No.ISW.Ilenmpm Cmmy,Minnesota. `\ ' \C'� ♦rC "r yW '(:� \.•+a`wa5"4aP� P �B ` 1��` 7 Imms(C'<ni(r+k of Ink NO 10]Si5Y1 I' �' \ \ 'lea �ov4:�f/ € -� 1` vn' -Cr> �°`mow °" O M a<� neRaud: �.\ N /\\.. % ` , \ �rVO el.yf.\)tdllli ;• '''''''''''''`'!()V E, E v,K I':` \ LA 'a' P,wRCE.LR \ 'I /� � ` / \\11 4:O g�♦V. 310 I hr � <RU„V ":r"r1(` \6 = N in • Iha pad ofUOecmnn+x LmimSaa6om 2-,Township 28,knnge 24 ring Smthss>slaRlynflM Sgthwastaylinc of l.yn&Ile Axaawc Smth mJNMhxxucrlyof RAgimud lam)FUnk ho.6)s.Ilcnlwpm('aunty,Minn... \ �/ I / \` �y {t a i N „ �� .+`� • "f 6' / Z 2.2- \ \ \ ' N lyIt♦ '' mac,.. 0 'k Ofj7:3,a50 / c 1lal part of Me following described land and acenlins the4l lying southerly°fth.:.MMdy lint of Registered Land Staley No.1560 and i4 aauerly extension: 640 Cth . ED C G \ I /� \ O 510 65th 01 t q.? :' �'•TS"._ rib. 8 O That pan nf Got elmwm Lw3in Section 28.Tnxnship3M.Range 24 described asfabxs:Beginning alopinl on the Lxl lion ofmM Unaeramrt LWldrlam l060.W ten South from Ilan Nndhrnlcamer lhemaF,,hence 1\'planright `\ j , /• NOW.,q x51 .�`s >a5 ` C angle to mid Fast lion o diaance of 176-5 TM;thence North ale right angle a distance of 16.0 het;thence West at aright angle a daeme of 121.5f to the S:wherly emend.of the We st lion:of Block I..RAY•SLYNNIIURST2ND PO No.27-028-:4-2m�p3-0005 sn :r'`°/ ADDITION.thence South along said eatemim In its glereoirm with alim dreun parallel with and distant lY26]f ISwn6ofthcWm H,extension of the South lion of the Fast-\Ymlallry planed in mid Bfki.'RAY5 LYNNIIURSf nee,\\��1 \ /// 11\ L —' ''eel • e > j 2310 ADDITION%Menee West alum soil parallel line to its intersection with the Swxherly extension°film last Moor Block 2.-RAYS LYNNIIURST 21417 ADM now:theme South Wong mid Southerly...dunk itsinkrwetism \ , \\ r4 \ /e, < Ce with•linden nparelkl net and Awn 225.00 few Smth from to South lion of La 4.in mid Bawl 2;dome Wm ah said y ,I- wtg parallel r0rnskmoflheFiatlionufYeNwth�Swgilkypwl:Nit '\ \ 1' 9Y Ce U mid Nk t2;rhnec North WoossaWSxuMrly eaklnhmbthe Soughnewflhe Fan-West alley pldteJinmW Monk 16emeWN along mid South the and pas ettrekna&tone¢fNr2.m less thence SowhxealnyblNkia, /� del ♦, y4 Landmark No 7 set pursuant to Tammt taw No.A,2547 maw mean centerline eflM Led¢I(Wma lake:hence Southeasterly along said mean renter ldne,dt...hot in Torrent Cam No.A-231)b de Non:Indy lam Repiskred Lunt / rr /'�1� / Y Snow Nu.1560,Hennepin County.Mims. a:theme Easterly,Stmhed,Fhefy'ml Suthaly ak.,gthe earthed',Easterly.Northerly and Easterly km of said Sank loth S db stab nleeiun of the Nunhuew+ly line of Tract \ \� _— rh s ` / raj C A.Regin J Land Survey NO.b'a,lh yon Carty.Minnesota;theme Nmhenstab along said Smhwestaly ewsuunaed along the Nwdme Ay line a said RegiMN land Sum,No_675 b the East law ofmW(ot<mmml Lm 3; \ / I ` l" ..- I 6,a \ Lg c thence North a long said Fast lie b dx po'eaaaY:ming y ,♦, T A: Put l: I — O All a(Irnt U all in Re H.except tMmmgneuay 15 f of said Trxllk and acorn Ono pad tithe swnh"°sled,55 foil amid Trnt Illy Mg se:alwwanery°f said mwhw ester,15 fen therm( elite Regis e6•J Land SwaeY Nn.fi)S.Hennepin County,hlinneww. W l-1 N. T'ugether a Oh a nomcaelu>ioecvmn:enl for drat exny purposes to eel the Nothh..estedy 15 feet of Tract N.Reeder.]Land Sun eY Nn 673.Ilennepin County.MimIssea ex thou.in dad Ihe.No.536923;1k to land in Par Jl Tonsm(Cedif:eak of Tide No 1169334) MORAL NOTES ADDITIONAL PARCEL DESCRIPTIONS: I.Fla simple ownership 0°µN k Rao:ls Richfield LLC,a Minn..limited IixbilhY company. I`• PEIERS(yN 1'ARCLI., 2 Area of properly it-433,026u,O.or 9.94.3k.See Ara Tahk finpacel Mk Pawl A,155.x20,q.R.or 8.17 area AREA TARI F PROPERTY DESCRIPTION pa C.,,mannnt lie Tae Inman.by('nnammn calk Land Title imuroee('ramp y Commigtw Nn.231510 PROFORMA.Mdlita date One and Tine akewwding Parcel R:])206 s4 0 or I�)acres 3.rumens S6xrcm.(CamlkaeoFTOO No_1075'59 and 11f0144, Panel A: 355512 sir p.wBllxtx PAR I: Panel B- 77106m.R.a 1.77mm CERTIFICATION• lbw pnoflbaemnxnt Lot l,S+Yion 2X.township 2r.NanFU 241kowAwdxf B¢ws: 4.Mpary l,rnod PC-21PWnd C�vl Dgarwti War alTlicabk aiming regulahoro. Pennon Panel: 22.333 sq.RwU_rlxx+es IF.enioy may In The Commence Unup,lnsorps.0kr(SMuuwaa nor li°n;RarcMfti.1lfM REVISIONS S.S.Ybxk pofmwmn Om,IM CAr of RSbfiad Strip rata: 3,]Ylay B.wbro6am. LLC.a aline 4 lukd liability company;C loop.ooh Land Tnk InsunmveCterunY:Local y. • ePmlrganapuim on the GsrfeafmiAliucemmen0l.nt)AigmlllJ1.l(mSwth Own the NmltaV axonal¢fawA(:utwemmrd.orT;,hnarma°s♦+unxlheaineof NoM alomg.uMf slimadiVae o170lf ten,Ihma West II°iklusg setback. Pc'x+pW Building .,u� 'Huibhn• _ Ininatitn3uplrwl COrgraliow,aNSta York rat-I.qufn arm;llwlknm Hennepin --- - ---- - - - I1M s,r, ,Tie[loosing nutq•ril mxpeaf p y alarigMangle a dummy of 1765 faeaChoce Smith at a right angle a&show of 95.17 Eamon:ai to en int»adon w inh a km Inning Souk 132&armAt m Sum the paint ofbeginning:Make Nook 82&sans Easy 1'522 KM. Fontana Street J5 fart 33 Oct Iva Arca: 159.12.tpnox 1034 x+.s >.apMkddy. cnnp,,,,,s Wpuli,irurWat nyx U.tsuf linegWe man•ofku.b the pion nfbmming ° RcarlMla<mbN.N-II 20 fox xlmt ofAlkWxtoo The ltmsing art Rana ellOI nAwhony in and for the COY ofkichlkld,a public PAN2 Side laljanmlbft.ftN 20 feet 21,fe1 body eorpnk and politic sinter the Lam of the Suite of kiinnnewm.and l M Cm+.6k4opohmn Side 0 r t oft Rousing Cwrynation: _ MAW ofEovannte.l Lot 3.Section 28,luwmbip28.Range 24,hYirnmg at a point°0IMEa>I line amid Lot distant Smolt 11703 tea frost he N,nhul.vner Melton thence North on said Eau lnnc 43 ft;there South 82 xkgncs Parking whoa, Ibis isbemilYlMtlEis mapwpktenJ the survey taluhich it is nCSSI1.1 wuJC inaco s Nuxe 'asRnu of begawnpanll°Ixith aeon lkahm 071,lb'caW"av nl the!Vlimnfu:J(:nocfrunxnl I,,,IIM1cnn•Smlh rung said parallel line ton line drawn Swath 02 dcsrama\1'eu from the PKmofM.inning keno.. A2lkgreca Eno u: homage Sln♦1 gfan niq the 2011 Mnnimum Standard lkl.nl RaB:irtm.mis(,ACENACNM Land Ttlle guneys.l37,34 -- - - -- s..'d point of beginning Immo,Lot Line lWjmint at ft.R-1) II FeO 29,established sl by.\I.TA 22 ,,,,xnolinel900 hems l-0,llnl.11110 A.4.IIlbll.il,14. - - O/B•ni Inters,Lot Linelallaent to non R.R-I I Sleet Ifi.WI)ofTablrnlMrad The field umk ua.poFnntxlon April,.2nll and(Molt 11.21111. Iswewsf (WWI.,Pnspo1).Cen;f....10le No 7432811 - _ (•.Puking(bunt-27 marked meow 7.lh1 puprty ha mess to l.ndtk Atcme Sash.a dedwad pub!wMMe. cat_a I/fl/1S 8.The...Memo(hempen,.6400Lpf.tte A.anw•S.u&Radical MA 554.1. Rr _ PRFLIRNMY SINIPPARCF.L: 9 Abate gbund wakes knell.fed Fxa,Nas>Mnsn.All uakrswwndeliky sat km which saw the pm.,hat a mnnptd to be fell longed amuck to urge.of(kph.Shut One Call patniw banker 1107601637.Mums. soar a de utility companies fakdb Betel Ma:cundugw:aW wiry kwwen,o those oo..toddies shun.aef City of Riddled and pram.Iron.Ihe>whew makes napkin...3 Out he uldagnweJ mkt..Mom common ow tine_c.-.v.a.a 2)968 all mil wAnkaw the arm MM.ia wit ice mafankmN 1118 sun ow fwLM+&wsmwwanrw din mtr n050 Sdwnl milkmen..areknlw°axrLwum11 Iboo dahhagk he MI-35440120 that rMy a.:hated as matronly at Carlson McCain,Inc. PPOYI ROY DI SCR1PIItl,EftOM r.\NCtI.1ftANSM N' fmm infimnatim at adahle 1M mneyw 1ms not physically located the umkten:u)talkie,Pow to any tom riot w&gg;ng nmlalliopher Stale One Call Far m amain huh.M I-3544012y IIe Mxlbwagcrly lS far of teat RRCxnit+Nland honey NO6)5,fwwnya(Ilm.pin. Ot 1 h pupany 90,in lkwd soeX wrens:knmi:w2 lab,osl>We1M0..2!,,o,,.l shine hcdpbin)esduigna,N on Flood lnou,nmr Rate Map Community Pam•INamber 27031503MY II,Ilemxpin C.°ry,6IlM 5,pbM.d h, the Farrel Envige.,Management Agency are:he de September 2.20:, rare.mss west gem _ 0001 3631 /Ito drag rµ4040 9 --3 LYNDALE GARDENS corner -1,`; NE c er Covt.Lot 3.--' I See.28,T.28,R.74 I R.T. DOC. NO. South In of Lot 4,Block 2-... --Northerly Ext.of E-W alley . _ + 1 ' L) A \/ 1^ 4 i I \/ A I A I I I I I I L) T /-\ A I 'S 1\ /-I f �. L 1 1 I V I V F./ V I f\ 1 z- nV L/ 1-1 V Li 1 1 I V I v I I Il = o c ;1 oI I '4 S8s 5 c,m�1/So., = ._ ( I - 60 4, `c'cv)1t- prk C. ° o�1 CJ S89%1'50'W o u parwlel ith nd��: _s �7,r\ ::1 l_, � L- 0 I,OEE0=202.00 I west e t m r i UDC ,) dz stextorE-w Doer \ I o 'Ic'°�I, /.- t ( — 202.02 -- I ,n ' f), }\ 1 ;; S88°24'50"W ;c 16?°\6 po<. �/ esterly ext of south line-, / oath line of F-W Alley,Blk&o, I ° S89¢11 50°W 123.49 !,;,,0E�V9 N88°24'50°E/1 A/ ofE-W Alley,Blk2. �, --1X8.01--- ` t '' ` - 90^176.50 -9 1 N ��`Ijj�/Ir d,/ '0 181.57 ,%�.' + � le• ` jam.____' 132.00 O 44.50 --(Por1t f 6eglnni /1'/ i•. Vh m «vv��'' 1 TT N B o!and Rojo(Parcel A /4/ n' m �0 Oj 589135.35"E .., 9 Parcel g �..-�. / N01 35'10'W 1 ` 'fro)".,, , O 93• �O, I 135.31 0� _ (Par 2i of f° w nl I =°°\� v south of south Ine Lot BIk 2 11'6,7s, err - N •5 __________176.6__________-_ Line Parallel with and 225.00 ft ., s� O �6 of seta`� Location NtP� �°5 a O•, (� t`I NE�o<n� _ i O o,, \ _ w T Ix- 1a \� \PProfximole Pond,sll '9"..1,-, D 6�° - z d Ny�ho02 " S ''''''<-..,,, Pond � , •Y•.6° / A° 1 oI .- > t;�.a,w °n,>,o4°/ 4a - V ,n °°a v'r-''`,Z, �\ \ awe 00 / of norm _ - J 0 \ e•5 "b;�e oqo. �� /OB85 08" �O>�J ELY RLSeN 560--_ Q (Nf 6 . ' a, OUTLOT A • s 9s°° C 1 _ °z U) sP 4 al ora.n we•,nd uhrry[_a�ernenl \�� \N -_� 9s ,,- S J \ sy q,(.4.,„$°".>?..,, \foa°°tl r,t- u.or what A J ___.^ D o S" n�'P ''5$6. D a '4-o a t °°,net°O `\ 'QS 16 .. *''0'e° N .� 247"° N90°OO GO"E 766.98 �B °, s°4°°s \ ' of centerline°t 1560 shore 11ne) No_1560 62.24 • 56.08 .48.66 ` 2S4j<(e 1'' Infer eclion an,,n1",,line of RLS ( l0 56 ,__N e RLS \ \ s6 , 2 UTLO or lh 1'ut 1 8A+,� ._.• O vtN3• '�V`N A-G o 6�g 50 4g 6'-� s s Lake N80°24' E 4 F ; — 0 T C �\ I Lf r5`6 M6j6�! 1 \ �9 0 - - �, r r \� .9 e t v _ LI °�1��?� 2 v Sr,.,„ (corner nal set)-' ` \ //L�4 T r 12,-. Pond ° \9\ \ \ a�,o�l vl \ P/ r-- �' I l \_ 's 4.----Pao, I •!--s°, R.6:2'7* �\ J C-3 ti \ / / \ \ (!)..1.3 .,,\ZN�iF s� o', 964 f. I , J 5) N �� 44-� \\ \ A(,9 s'° OG N,Oh°°° 1 •PO,`'xgs-sO \ P. \ \ < /' MI s ' Grass Lake �\ No....) 1 O� ts of g vv _t \ of &N4 CP N. '1>�� \, N. wtel s°�e`N°'/ `rte <-\N\ \ \ OUTLOT A m% �t", 'ti✓�e`�;4V V\ J`o, `/- \ 4 So° z ,,,c ,-;,,:e. s\ 7o.0 f{ / s • t \ `` i4 for 1I At''''s �RRo h. \ \ Q>. c C'',7z.0/6,, ,-,'''':"."•.b1 1't."°0 `sue, • \ Ti,'A T C \\ \. T h r-,c�\\ \"'‘1,5'4),•r• 23 '';',,e S R�� o` c�`' J�J�s/,•no,tn \ N .-` r• ., `, ' 2p �� 42j10g,6, '/s s')4/$p n I Not\�V ' \ ^I n i vl .J \ 012 ` 4 0� .yg, ( ,t0 • s 31 \ 5�� „t. .° C7 v L- N. �3S 9 I 1 - e V I\ _ ,?F t 1././ ,` , I i v'i:. v/':. 9 {y, bah \ \ -`\`\ ti!li �, ‘1\\+7� 1 ,0g9 `°a\ 00 sFh',°,;;; I',5 �\ .l �,. - • r 1 a 6 1 \b lee ,11 I;' \ I.' o•P,`t '`'1 6‘5,.,l9,9 5210 of St`50° p. l l .sc tad 1 s`p`,rs 0.-o N6o o\s e°t`�Sbo s�°�„ '{ys Note ° i t, Fo' ^ a W N O JS ttO ^....,,c-, \ o0 obi -CC-�\�r,Y‘,/ °/r +x O h I ,1 /\ f1r Er1 ,'' 1 V 1 tot �°t%o Tr�i� f )',y,6 ` / / \ �� -(�\-/ 1 .: i IIV QP, lye :Q!�'J i \`', O �\��1 1 ^try i .P<P/'. �1 el, �,SJ \ For the purposes of this plat, the north line of ;j 1 I(t7ory ° yy; "\--).b2 6 o�S6 u REGISTERED LAND SURVEY N0. 1560, according - 1,!. - - _ ", T ,t I O �/ 1 s --- to the recorded plot thereof, Hennepin County, - \, TI1'r'rt.1 \, 1 0) ,f' i 1`e '/` o'VP Minnesota is assumed to bear 1480°24'50"E "^ \., • LI I ,-\`,r L' s/P.. °• e• I. 3 /-J1 I lC , °' t• Denotes found Hennepin County Cost Iron \. - / 't , is‘'I,1\-) _ or,,,,, Monument _ - ,` r I 'Pts s Denotes 1/2 inch by 14 inch iron monument set I s (1)McCain 0 30 66 120 0 this toot and marked one year of recording of _ 1 McCain this plot and marked with license number 40361 1 I IN FEET 1 • Denotes found 1/2 inch open iron monument I ENl1RON4ENTAL.ENGMEERINO -SURVEYMC N r I LYNDALE GARDENS R.T. DOC. NO. KNOW ALL PERSONS BY THESE PRESENTS: Thot Lyndale Gardens LLC,a Minnesoto limited liability company,owner and proprietor of the following I, Kurt M. Kisch, do hereby certify that this plat was prepared by me or under my direct supervision; that I am a duly Licensed Lond described property situated in the County of�ennepin, State of Minnesota,to nit Surveyor in the State of Minnesota; that this plot is a correct representation of the boundary survey, that all alothematical data and PARCEL M1: labels are correctly designated on this plot; that all monuments depicted on this plat have been or wit be correctly set within one year; Port: that all water boundaries and wet lands as defined in Minnesota Statutes, Section 505.01, Subd. 3, as of the date of this certification That part of the following described land and accretions thereto lying northerly of the northerly line of Registered Land Survey No. 1560 and are shown and labeled on this plat; and that all public ways are shown and labeled on this plat. its extensions: That port of Government Lot 3 in Section 28, Township 28,Range 24 described as follows: Beginning at a point on the East line of said Government Lot 3 distant 1060.94 feet South from the Northeast corner thereof; thence West at a right angle to sold East line a distance Dated this day of 2p- of 176.5 feet; thence North of a right angle a distance of 16.00 feet; thence West of a right angle o distance of 123.5 feet to the Southerly extension of the West line of Block t,"RAY'S LYNNHURS1 2ND ADDITION"thence South along said extension to its intersection with o line drawn parallel with and distant 192.67 feet South of the Westerly extension of the South line of the East-West alley plotted in sold Block 1, "RAY'S LYNNHURST 2ND ADDITION"; thence West along said parallel line to its intersection with the Southerly extension of the Eost line of Block 2, "RAYS LYNNHURST 2ND ADDITION"; thence South along said Southerly extension to its intersection with a line drown parallel with and distont 225.00 feet South from the South line of Lot 4,in sold Block 2; thence West along said parallel line to its intersection Kurt M. Kisch, Licensed Land Surveyor with the Southerly extension of the East line of the North-South alley platted in said Block 2; thence North along said Southerly extension to the South line of the East-West alley plotted in said Block 2; thence West along said South line and its extension a distance of 202.00 Minnesota License No. 23968 feet; thence Southwesterly to Judicial Landmark No. 7 set pursuant to Torrens Case No. A-2547 on the mean center tine of the bed of Gross Loke; thence Southeasterly along said mean center line,determined in Torrens Case No.A-2547 to the Northerly line Registered Lond STATE OF MINNESOTA Survey No. 1560, Hennepin County,Minnesota; thence Easterly,Southerly,Easterly and Southerly along the Northerly,Easterly,Northerly and Easterly lines of said Survey to the Southwesterly extension of the Northwesterly line of Tract A,Registered Lond Survey No. 675,Hennepin COUNTY OF County,Minnesota; thence Northeasterly along said Southwesterly extension and along the Northwesterly line of said Registered Land Survey No. 675 to the East line of said Government Lot 3; thence North along said Eost line to the point of beginning: except that part of the This instrument was acknowledged before me on this day of , 20 , by Kurt M. Kisch. East 176.5 feet thereof lying Northerly of a line bearing South 82 degrees West(assuming the East line of said Government Lot 3 to bear North and South) from a point on said East line distant 1176.3 feet South of the Northeast corner of sold Lot 3. Par 2: That port of Government lot 3, Section 28, Township 28,Range 24,Hennepin County Minnesota,described as follows: Commencing at the intersection of the East line of sold Government Lot 3 with the Northwesterly line of Tract A,Registered Lond Survey No.675,Hennepin County,Minnesota; thence on on assumed bearing of South 55 degrees 14 minutes West along the Northwesterly line of said Tract A and Its extension a distance of 178.99 feet to the actual point of beginning; thence Sooth 72 degrees 50 minutes 34 seconds East to the West line of Tract C, in sold Registered Land Survey No. 675; thence Northerly along said West line to the Northwesterly corner of said Tract C; Notary Public, thence South 55 degrees 14 minutes West to the actual point of beginning. Par 3: My commission expires Tracts A and 13,Registered Land Su-vcy No. 1560,Hennepin County,Minnesota. PARCEL 8: Por 1: That port of Government Lot 1 in Section 27,Township 28,Range 24 lying Southwesterly of the Southwesterly line of Lyndale Avenue South RICHFIELD, MINNESOTA and Northwesterly of Registered Land Survey No. 675,Hennepin County,Minnesota. Par 2: This plat of LYNDALE GARDENS was approved and accepted by the City Council of Richfield, Minnesota, at a regular its That port of the following described land and accretions thereto lying southerly of the northerly line of Registered Lond Survey Na. 1560 and meeting thereof held this d easterly extension: g e s a y of 20_. If applicable, the written comments and recommendolions Th of the Commissioner of Transportation and the County Highway Engineer have been received by the City or the prescribed 30 day Th at part of Government Lot 3 in Section 26, Township 28,Range 24 described as follows: Beginning of a point on the East line of said Government Lot 3 distant 1060.94 feet South from the Northeast corner thereof; thence West at a right angle to said East line a distance period has elapsed without receipt of such comments and recommendations, as provided by Minn. Statutes, Section 505.03, Subd. 2. of 176.5 feet; thence North at a right angle a distance of 16.00 feet; thence West at a right angle a distance of 123.5 feet to the Southerly extension of the West line of Block I."RAY'S LYNNHURST 2ND ADDITION"thence South along soid extension to its intersection with o line drown parallel with and distont 192.67 feet South of the Westerly extension of the South line of the East-West alley platted in said Block 1, "RAY'S LYNNHURST 2ND ADDITION": thence West along said parallel line to its intersection with the Southerly extension of the East line of Block 2, 'RAY'S I YNNHURST 2ND ADDITION"; thence South along said Southerly extension to its intersection with n line drawn parabel By . Mayor By , Clerk with and distant 225.00 feet South from the South line of Lot 4,in said Block 2; thence West along said parallel line to its intersection with the Southerly extension of the East line of the North-South alley platted in said Block 2; thence North along said Southerly extension to the South line of the East-West alley platted in said Block 2; thence West along sold South line and its extension a distance of 202.00 feet; thence Southwesterly to Judicial Landmark No. 7 set pursuant to Torrens Case No.A-2547 on the mean center line of the bed of TAXPAYER SERVICES DEPARTMENT,Hennepin County, Minnesota Grass Lake; thence Southeasterly along said mean center line. determined in Torrens Case No. A-2547 to the Northerly line Registered Land Survey No. 1560, Hennepin County, Minnesota; thence Easterly,Southerly,Easterly and Southerly along the Northerly,Easterly,Northerly and Easterly lines of said Survey to the Southwesterly extension of the Northwesterly line of Tract A,Registered I.and Survey No. 675,Hennepin I hereby certify that lanes payable in 20_and prior years hove been paid for land described on the plat, dated this day of County, Minnesota; thence Northeasterly along said Southwesterly extension and along the Northwesterly line of said Registered Land Survey 20_ No.675 to the Eost line of said Government Lot 3; thence North along said East line to the point of beginning. aor 3: All of Tract A: Tract B, except that part of the Southwesterly 55 feet of said Tract B lying Southeasterly of said Northwesterly 15 feet thereof, all in Registered-I and Survey No.675,Hennepin County,Minnesota. Mark V. Chapin, County Auditor By. , Dep;lty (Certificate of Title N. 1349515) PAR 1: SURVEY DIVISION, Hennepin County, Minnesota That part of Government Lo;3, Section 28, Township 26,Range 24 described as follows: Pursuant to Minnesota Statutes, Section 3838.565 (1969), this plot has been approved this__day of , 2O Beginning at a point on the East line of said Government Lot 3 distant 1131.3 feet South from the Northeast corner of said Government Lot 3; thence on an assumed bearing of North olong said Fast line a distance of 70.36 feet; thence West at a right angle a distance of 176.5 feet; thence South at a right angle o distance of 95.17 feel,more of less, to an intersection with a line bearing South 82 degrees West from the point of beginning; thence North 82 degrees East 178.23 feet,more of less, to the point of beginning. PAR 2: William P. Brown, County Surveyor By. _ That purl of Government Lot 3, Section 28, Township 28,Range 24,beginning at a point on the East line of said Lot distant South 1176.3 feet from the Northeast corner thereof; thence North on said East line 45 feet; thence South 82 degrees West to a line drawn parallel with and distant 1'6.5 feet West of the East line of said Government Lot 3 thence South along said parallel line to a line drawn South 82 degrees West from the point of beginning thence North 82 degrees East to said point of beginning. REGISTRAR OF TITLES, Hennepin County, Minnesota (Torrens Property, Certificate of Title No 743681) I hereby certify that the within plot of LYNDALE GARDENS was filed in this office this_day of Hove caused the some to be surveyed and plotted as LYNDALE GARDENS and do hereby dedicate to the public fo'public use the public ways and 20. _ at _ o clock __ .m. drainage and utility easements as shown on this plot. In witness whereof said Lyndale Gardens LLC, a Minnesota limited liability compony,has caused these presents to be signed by its proper officer this day of ,20 Marty McCormick, Registrar of Titles By, Deputy LYNDALE GARDENS LLC By as STATE OF COUNTY OF This instrument w s acknowledged before me on this day of , 20 by as of Lyndale Gardens LLC, a Minnesota limited liaoility company, on behalf of the company. Notary Public, Carlson My commission expires_ ` McCain ENVIRONMENTA;.-ENGINEERING •SURVEYING AGENDA SECTION: OTHER BUS. AGENDA I 1'EM# 10 REPORT# 111 STAFF REPORT RICHFIELD CITY COUNCIL MEETING JUNE 11, 2013 REPORT PREPARED BY: STEVEN L. DEVICH, CITY MANAGER NAME,TITLE OTHER DEPARTMENT REVIEW: / /' �, SIGN•• 1 e REVIEWED BY CITY MANAGER: r �i /___s. ITEM FOR COUNCIL CONSIDERATION: Consideration of future 911 dispatching options. I. RECOMMENDED ACTION: By Motion: Consider and either approve, disapprove or delay the purchase of the CAD Records Management System through LOGIS. II. EXECUTIVE SUMMARY The City of Richfield is currently at a critical point in its decision regarding the future of the City's 911 dispatching operation. The software for the Computer Aided Dispatch, Squad Mobiles, and Records Management systems provided through LOGIS (Local Government Information System) must be replaced. The cost for the replacement of this software is estimated to be between $350,000 and $400,000. Moreover, the City, apparently, is required to inform LOGIS by June 15th whether or not Richfield will purchase the new software. In addition, as City staff indicated during the construction of the new Municipal Center, the radio infrastructure and associated equipment was not upgraded as part of the construction. That infrastructure will also need to be upgraded to the "Next Generation 911" (NG911) by 2016. The cost estimate for this upgrade is now approximately $350,000 to $400,000. So, in total, the City will need to make an investment of$750,000 or more in capital investment to retain a local 911 dispatching operation. Along with the impending capital costs for the 911 dispatch center, the annual cost of operating the 911 center is roughly $700,000. Alternatives to the continuation of local dispatching and the needed capital investments exist. Hennepin County is in the process of building a new 911 dispatching facility in Plymouth. This facility is being constructed with the ability to provide dispatching services for every city in Hennepin County with the exception of Minneapolis. Hennepin County could provide dispatching services to Richfield starting in the fourth quarter of 2014 at no cost to the City. Sherriff Stanek has indicated that if that were to occur, Hennepin County would provide employment for Richfield dispatchers provided that they pass their respective background check. The cost of migrating to Hennepin County dispatching would be $75,000-$80,000 and there would be no need to participate in the LOGIS software or NG911 upgrade. (Of note, Richfield residents already pay for Hennepin County dispatching service through the County's portion of property taxes and currently do not receive the service.) Service levels and response times for dispatching would be equivalent to those currently provided by local dispatching. Another alternative to making the pending capital investments in order to retain local dispatching would be to contract with the City of Bloomington for dispatching services. Bloomington has indicated a desire to provide that service to Richfield; however they have not presented a formal proposal to date. The Bloomington City Manager stated that a proposal would likely be forthcoming by the end of June. In addition to the cost of such service, another critical consideration would be the number of Richfield dispatchers that Bloomington would employ if Richfield elected to purchase the service from them. Bloomington and Richfield police work closely on a host of matters and the dispatching service to Richfield would likely be very similar to our local dispatching service. Lastly, the City of Edina will also be approached to ask for a formal proposal to provide dispatching services to Richfield. This would include whether they would be able to offer positions to any of Richfield's current dispatch staff if Richfield were to contract with them for dispatch services. The timing of the dispatching decision focuses on the need for the City to respond to LOGIS for the purchase of the CAD/RMS system before June 15, 2013. If the City elects to purchase the software it would indicate a decision to continue local dispatching at Richfield. If the City elects not to move forward with the purchase, it would leave the City looking toward getting the dispatch service from another entity such as Hennepin County, Bloomington or Edina. The City may also wish to inform LOGIS that the City seeks an additional 30-45 days to make the decision and ascertain how LOGIS responds. III. BASIS OF RECOMMENDATION A. BACKGROUND When the new Richfield Municipal Center was in the process of being constructed between 2010 and 2011, a February 19, 2010 memo to the city council indicated the cost of the new dispatch center to be over $450,000. This included the VIPER call taking system, new furniture, monopole, and migrating costs to transition from the old facility. The council memo also indicated that future upgrades would need to be made to the dispatch center in three to five years and could cost in excess of $300,000. The decision was made by the city council to proceed to construct the new Communications Center in the Municipal Center In 2004, the City of Richfield converted, through LOGIS, to new software for Records Management, Computer Aided Dispatch (CAD), and Squad Mobile Software. The software is called Printrak. This software was supposed to be replaced in 2011-2012 by new software called Premier 1. The Premier 1 software was to be implemented in stages to the municipalities that belong to LOGIS. The CAD portion of the software was installed in the Dakota County Communications Center, (DCC) in 2011. The Premier 1 software installed in the D.C.C. failed the implementation phase and was removed from use by LOGIS. LOGIS came to an agreement with Motorola (who produced the software, Premier 1) that a settlement would be reached and the municipalities would receive a credit on their investment. The City of Richfield received a credit of$50,000 for its portion of the investment. LOGIS formed a new advisory committee that was tasked with establishing a Request for Proposal (RFP) for new Records Management, CAD, and squad mobile software. The process took over seven months to research and evaluate the vendors and their software. A decision on a vendor was made by the advisory group and LOGIS in May 2013. Subsequently, in May, LOGIS contacted Finance Director, Chris Regis, advising him to budget 2.75 times more for the new software. The cost of the new software is $350,000 to $400,000. The Communication Center needs the CAD upgrade in software. The Communications Center will also be facing an additional upgrade of Next Generation 911 (NG911) equipment in 2016. This upgrade will consist of radio consoles and software which will cost approximately $350,000 to $400,000. The Communications Center needs to be compliant with NG911 by the 3rd quarter of 2016. In the meantime, the Hennepin County Sheriffs Office is building a brand new communications center in Plymouth which will be operational in 2014. The Hennepin County Sheriffs Office has met with the City of Richfield and has informed the City that there would not be a charge for dispatch services. The Sheriffs Office would be able to absorb our communication staff into their new facility. There would be some transitional costs, but no loss of jobs. The City of Hopkins recently made a decision to transition to Hennepin County and have reported that they are pleased with the county's services. The City of Bloomington has also met with members of the police department to inquire about providing services. We have not received a figure from the City of Bloomington or advised if they could absorb our current staffing. B. POLICY • Our Communications Center needs to have CAD software and NG911 systems in order to remain operational in the future. • The City of Richfield needs to have dispatching services for the police and fire departments. • The policy question is whether to invest in the capital costs to keep a local dispatch operation or obtain the service from another governmental entity. • Governments are encouraged to collaborate on services and this potential transition provides that opportunity. C. CRITICAL TIMING ISSUES • LOGIS has given the city a deadline of June 15, 2013 to make a decision on whether or not we are going to participate in the launch of the new software. This decision is required in order for LOGIS to budget out the costs of the new software to the municipalities within the LOGIS consortium. • Upgrades need to be made to the CAD system as LOGIS and Motorola will, at some point, not support the current Printrak software. • Dispatching services need to be in place for police and fire. • Hennepin County Sheriffs Office and the Bloomington Police Department have been contacted to possibly provide dispatching services to the City of Richfield Police and Fire departments. • The Hennepin County Sheriffs office would be able to transition us to their new facility in the 4th quarter of 2014. • The City of Bloomington has not provided us with a transition time frame. • The Next Generation 911 system needs to be upgraded and operational by the 3rd quarter of 2016 D. FINANCIAL • The City would have to pay LOGIS the cost of the upgrades to the software, which ranges from $350,000 to $400,000. • There is a risk staying with LOGIS as other LOGIS dispatching communities may also be considering other dispatching software and/or options. • The City would have to upgrade to NG911, which consists of new radio consoles and software, in 2016. The cost would be $350,000 to $400,000. • The operational costs to operate the Communications Center are approximately $700,000 per year. • The City could forego the upgrades and move dispatch operations to the Hennepin County Sheriffs Office and pay transition costs of $50,000 to $80,000. There would be no charge for dispatching services to the City. • City residents and businesses already pay for county dispatching services with their local taxes. Providing city dispatching services is an additional cost to Richfield taxpayers. • The City could forgo the upgrades and move dispatch operations to the Bloomington Police Department and pay transition costs of $50,000 to $80,000 with a yearly cost yet to be determined. • Our 911 fee revenue is approximately $45,000 a year. This is revenue received from the State of Minnesota. This revenue would go to either Hennepin County Sheriffs office or Bloomington. E. LEGAL • None F. ENVIRONMENTAL CONSIDERATIONS • None IV. ALTERNATIVE RECOMMENDATIONS) • Convert Dispatch operations to Hennepin County Sheriffs Office • Convert Dispatch operations to the Bloomington Police Department. • Retain dispatch operations within the police department and pay upgrade costs for software, NG911, and yearly operational costs • Delay the decision on this matter for the next 30 to 45 days. V. ATTACHMENTS • February 19, 2010 Council Memo No. 24 VI. PRINCIPAL PARTIES EXPECTED AT MEETING • Major Darrell Huggett, Hennepin County Sheriffs Office • Chief Mike Reynolds, Hopkins Police Department • CITY OF RICHFIELD, MINNESOTA Office of City Manager February 19, 2010 Council Memorandum No. 24 The Honorable Mayor and Members of the City Council Subject: Richfield,911 Communications Center Council Members: Over the past year, the Richfield Department of Public Safety has been planning the migration of the 911 Communications Center to the new Municipal Center. The 911 Communications Center is unique, based upon the technical equipment and service that is required to operate the center. Public Safety has been working with vendors Motorola and Qwest on the new center. Staying operational with our current center, while building a new center, is technologically challenging and difficult. The transition to the new center needs to be seamless as to not lose critical service to the citizens of Richfield. The current 911 Communications Center's operational cost is $700,000 per year. This includes employee salaries, license fees, upgrades to equipment, and maintenance. Capital Infrastructure Costs Initial bids have come in from Motorola and Qwest for the new 911 Communications Center. These bids reflect the equipment and installation costs that are needed to continue providing dispatching service to the citizens of Richfield. The equipment list includes, but is not limited to: a new 80 foot monopole radio tower, a new console, Viper call taker system, and installation and wiring of the facility. New equipment is necessary to keep up with the technological changes in the next year or so with the implementation of next generation 911 communication. Bids from both companies total approximately $475,000. Motorola has since advised Public Safety that some of the equipment that we would be moving to the new facility will become obsolete in five to seven years. This would require new radio consoles and additional equipment. The capital infrastructure costs to make the upgrades in five to seven years will be approximately $200,000 to $350,000. Other Dispatching Options Given this information, the Public Safety Department and the Fire Department have looked at other possibilities for police and fire dispatching. This has included looking at dispatching trends both in the past and the future, and other dispatching alternatives. lb � Conversations have taken place with the Hennepin County Sheriff's.Office and other • local municipalities. Statistical data was provided to the Sheriffs Office to determine their capacity levels and if any cost would be charged to us if we were dispatched by the Sheriffs office. The Sheriffs office provides police and fire dispatching services to 23 Hennepin County police departments and 19 fire departments. The Fire Department has also made inquires with the County as to fire service levels, dispatching times, and protocols. Under the procedures currently in place at Hennepin County, it takes more time on average for an EMS event to be processed and the appropriate units alerted than it does with our PSAP. This would be a decrease in service level for time critical events such as heart attacks. Hennepin County's average call processing time does not meet today's standard for EMS dispatching. The Hennepin County dispatch center is technologically equipped and staffed to provide rapid dispatching services that meet current standards, but a procedural change on the part of the County is necessary to make this happen. Richfield Fire staff and staff from several other fire departments currently dispatched by the County are discussing this concern and attempting to resolve the issue. If these issues can be resolved, fire and EMS dispatching service would be comparable to our current level. In fact, a larger, consolidated dispatch center would be able to provide a dedicated fire dispatcher during critical events resulting in an increased service level to residents. Feedback from.Hennepin County The City of Richfield received a letter dated February 8, 2010 from County Administrator Richard Johnson. While the letter did not indicate any concrete information regarding being able to absorb us for dispatching services, it did indicate that Golden Valley has made a formal request for dispatching services to begin January 1, 2011. It also indicated that while taking Golden Valley on would bring them near capacity, they may have room for two other jurisdictions to join the county. However, this would require them to increase their infrastructure by adding new 911 lines and new radio talk groups along with other equipment for a total cost of about $500,000. It was not indicated whether or not the additional cost would be passed on to the new users. In a later conversation with the County Administrator, he indicated that his expectation would be that the new users would provide for those extra costs. So, it is reasonable to assume that it might cost roughly $250,000 to move to the County. Overall, the letter indicated that more additional information would need to be required by the County staff before making determinations of taking on other cities. Public Safety staff has also been informed that the City of St. Louis Park has also met with the County to discuss dispatching services. The City of Hopkins is also seeking other options for dispatching, including potential consolidation. Over the past several years, the trend appears to be consolidation. The City of Richfield has looked at consolidation in the past and, in 2003, participated in an 11-city consolidation study. The decision in 2003 was made not to consolidate due to the recent investment made in the 800 MHz radio system. The City of Richfield would have not received adequate compensation for our investment in our infrastructure and would have lost money, if we had consolidated. Brooklyn Center was the only city that made the decision to consolidate from the study. They moved to Hennepin County. 1b �� • Recently, dispatch centers in Hennepin County, Ramsey County, and Dakota County have moved to consolidate dispatching services. This is due to the rising costs of maintaining the equipment, employee salaries, technology, and replacing obsolete equipment. It appears that more dispatch centers will be moving to that model in the future as costs continue to rise. Decision Timeframe County Timeframe Hennepin County requires a formal City Council resolution in order to officially consider a request to join the Hennepin County Dispatch Center. In order to be able to secure one of the two remaining openings in the County Dispatch Center, the City may have a month or two to decide in order to have an opportunity to assume one of the two remaining openings. Once the two remaining openings in the County Center are filled, there will be no further openings until the new County Dispatch Center is constructed sometime in the next few years. However, the window in which to make a decision regarding including dispatch in the new Richfield Municipal Center is considerably shorter. Richfield Municipal Center Project Timeframe The City Council has asked for a list of potential items to remove from the new Richfield Municipal Center project in order to bring it in more in line with the initial construction budget. An item for consideration will be removing the 911 Communications Center. from the new facility. The initial savings for project costs would be approximately $500,000 in capital infrastructure costs with additional operational savings of$700,000 annually. Additionally, another capital investment of$200,000 - $350,000 will have to be made in 5-7 years due to changes in technology. Wold Architects has determined that a final decision abotit putting a PSAP into the new building will need to be made no later than March 23, 2010. -ctfully submitted, ' . VO evi ity M-nager SLD:ds AGENDA SECTION: PUB.HEARING AGENDA ITEM# 11 REPORT# 112 STAFF REPORT RICHFIELD CITY COUNCIL MEETING JUNE 11, 2013 REPORT PREPARED BY: MARY TIETJEN, CITY ATTORNEY . AME OTHER DEPARTMENT REVIEW: . I,,4 irgiti 1 ii REVIEWED BY CITY MANAGER: An ' j... it ITEMS FOR COUNCIL CONSIDERATION: Public Hearing to consider proposed Ordinances to amend sections 4.01 and 4.07 of the Richfield City Charter. Second reading of Ordinances amending the Richfield City Charter. I. RECOMMENDED ACTIONS: Conduct and close a public hearing as to the following Ordinance: • An Ordinance relating to municipal elections, amending Sections 4.01 and 4.07 of the Richfield City Charter. Approve the second reading as to each of the attached Ordinances: • An Ordinance relating to municipal elections, amending Sections 4.01 and 4.07 of the Richfield City Charter; • An Ordinance relating to city government, modifying and clarifying procedures for initiative referendum and recall; establishing penalties for specified election misconduct; amending Sections 3.09, 5.01, 5.04, 5.05, 5.06, 5.07, 5.08, 5.11, 5.12, 5.14, 5.15, 5.16, 5.17, 5.18, 5.19, and 5.20; repealing 0611 Charter Amendments Section 5.02; and adding a new Section 5.22 to the Richfield City Charter • An Ordinance relating to city contracts; amending Section 6.05 of the Richfield City Charter; • An Ordinance relating to expenditure of public funds for public purposes; amending Section 7.01 of the Richfield City Charter; and • An Ordinance relating to city contracts; amending Section 8.04 of the Richfield City Charter; clarifying capital improvement projects that require a public hearing; increasing monetary limits. II. EXECUTIVE SUMMARY The Charter Commission has recommended that the City Council enact several amendments to the City Charter by ordinance. The purpose of the amendments is to simplify, clarify and update language in the charter. The first reading of the Ordinances was held and approved by the City Council at its meeting on April 13, 2013. State law requires that the City Council hold a public hearing on the proposed Ordinances. On May 28, 2013, a public hearing was held on the proposed Ordinances amending Sections 3.09, 5.01, 5.04, 5.05, 5.06, 5.07, 5.08, 5.11, 5.12, 5.14, 5.15, 5.16, 5.17, 5.18, 5.19, 5.20, 6.05, 7.01, and 8.04; repealing Section 5.02; and adding a new Section 5.22 to the City Charter. On June 11, 2013, a public hearing will be held on the proposed Ordinance amending Sections 4.01 and 4.07 of the City Charter. A second reading and consideration of approval of all of the proposed Ordinances is before the City Council at its meeting on June 11, 2013. Approval of the Ordinances must be unanimous by all members of the City Council. The proposed amendments do the following: simplify and clarify language in the charter; improve the processes of initiative, referendum and recall; remove unnecessary provisions relating to canvass of elections; provide greater flexibility in awarding contracts, consistent with state law; clarify the council's authority to determine the public purpose served by expenditures; and update the charter to reflect current market conditions. III. BASIS OF RECOMMENDATION 0611 Charter Amendments A. BACKGROUND The recommended amendments are summarized below. Amendment to Sections 4.01 and 4.07 The proposed amendment to Section 4.01 eliminates the requirement that the city clerk post notice of the time and place for holding municipal elections in every precinct. State law only requires that the notice be posted in the clerk's office. Rather than require posting in each precinct, the section as amended would require posting in the city clerk's office and on the City's website, which still exceeds the requirements of state law. The amendment to Section 4.07 eliminates the requirement that the city clerk provide a copy of the ballots in the clerk's report for purposes of canvassing elections. That requirement is not deemed to be necessary and is not required by state law. Amendment to Chapter 5 and Section 3.09 The Charter Commission has recommended significant changes to Chapter 5. An annotated copy of the proposed ordinance is attached to this report, to explain the reason for each of the changes. In general, the changes are intended to make the charter easier to understand by using plain English, improve the form of petitions in order to facilitate the city clerk's obligation to determine the sufficiency of petitions, and add requirements and penalties in order to reduce the opportunity for fraud or misconduct in the circulation of petitions. The proposed amendment also amends provisions in Sections 5.01 and 3.09 of the Charter with respect to effective dates of ordinances. The amendment would allow any ordinances that by state law is not subject to referendum to become effective the day after publication rather than 30 days after publication. In instances where referendum is not allowed by law, the 30-day waiting period is unnecessary. Amendment to Section 6.05 The proposed amendment expands the scope of Section 6.05 to include all contracts and not only contracts for purchase of merchandise, materials and equipment and other specified contracts. The amendment gives the city manager the authority to approve any contract equal to or below the amount set in the Uniform Municipal Contracting Law for competitive bidding, and it requires City Council approval of any contract greater than that amount. (That amount is currently $100,000.) The amendment also removes the requirement for award of contracts to the lowest responsible bidder and requires that contracts be made in compliance with state law. That amendment allows the City to use best-value contracting and other means of contract letting that may be allowed by law in the future (such as 0611 Charter Amendments design-build contracts). The Council retains the ability by ordinance or resolution to adopt additional regulations related to contracting. Amendment to Section 7.01 The proposed amendment provides that the City Council may adopt ordinances or resolutions that make findings concerning the public purpose of certain expenditures. This amendment is consistent with state court decisions concerning the constitutional limits on expenditures of public funds, and it is intended to city auditors in conducting audits. Amendment to Section 8.04 This amendment clarifies that properties either owned or leased by the City, not including street and utility rights of way, are subject to the limitation on approving capital improvement contracts. It also increases the "trigger" amounts of such contracts from $500,000 to $2,000,000 for construction contracts and from $75,000 to $250,000 for design and engineering contracts. The Charter Commission indicated that the existing amounts should be updated to reflect increased construction and design costs. The Commission also expressed an interest in possibly eliminating sections 8.04 and 8.05 in the future, if the City Council agrees that those provisions tend to duplicate the process for approving capital improvement budgets and cause unnecessary expense and administrative work. If the Council agrees, the Commission indicated that it may make a recommendation to that effect in the future. B. POLICY • The City Charter is a fundamental governing document of the City. • The Charter Commission has recommended several amendments to: simplify and clarify language in the charter; improve the processes of initiative, referendum and recall; remove unnecessary provisions relating to canvass of elections; provide greater flexibility in awarding contracts, consistent with state law; clarify the council's authority to determine the public purpose served by expenditures; and update the charter to reflect current market conditions. C. CRITICAL TIMING ISSUES • The City Council must make a decision on the Ordinances within one month of the public hearings. 0611 Charter Amendments D. FINANCIAL • The ordinance method of adopting charter amendments is the only way to adopt a charter amendment without holding an election. Amending the charter by submitting the question to voters at an election is significantly more expensive than adoption by ordinance. E. LEGAL • The City Attorney drafted the proposed Ordinances. • If the Ordinances are approved by unanimous vote of all council members and the mayor and published as in the case of other ordinances, the charter amendments will become effective 90 days after publication, unless a referendum petition is filed within 60 days after publication. • If the Ordinances are not approved, the Charter Commission may, or may not, petition to have the charter amended by the voters. F. ENVIRONMENTAL CONSIDERATIONS • N/A IV. ALTERNATIVE RECOMMENDATION(S) • None V. ATTACHMENTS • Ordinances • Chapter 5 and Section 3.09 amendments —with annotations VI. PRINCIPAL PARTIES EXPECTED AT MEETING • N/A 0611 Charter Amendments II- I BILL NO. AN ORDINANCE RELATING TO MUNICIPAL ELECTIONS; AMENDING SECTIONS 4.01 AND 4.07 OF THE RICHFIELD CITY CHARTER THE CITY OF RICHFIELD DOES ORDAIN: Section 1. Background; findings; authority. 1.01. The City of Richfield (City) is governed by home rule charter adopted pursuant to the Constitution of the State of Minnesota and Minnesota Statutes, Chapter 410 (Act). 1.02. The Charter Commission of the City has proposed the adoption of an Amendment to sections 4.01 and 4.07 of the charter and recommended to the City Council that the Amendment be adopted by City Council ordinance in the manner prescribed by Section 410.12, Subdivision 7, of the Act. The form of the Amendment is set out in Sections 2.02 and 2.03 of this ordinance. 1.03. A public hearing on the Amendment was held on June 11, 2013 by the City Council after two weeks' published notice containing the text of the Amendment as required by the Act. The notice contained a brief description of the nature and scope of the Amendment. All persons desiring to be heard with reference to the Amendment were heard at the public hearing. 1.04. The Council finds and determines that it is in the best interests of the City and its inhabitants that the Amendment be adopted. Section. 2 Adoption; effective date; filing. 2.01. The Amendment as proposed by the Charter Commission is adopted. 2.02. Section 4.01 of the Richfield City Charter is amended to read as follows: Section 4.01. The Regular Municipal Election. The regular municipal election shall be held on the first Tuesday after the first Monday in November of each even numbered year at such place or places as the City Council may designate. The City Clerk shall give at least two weeks previous notice of the time and place of holding such election and of the officers to be elected by posting in the City Clerk's office and on the City website at least one public place in each voting precinct and by publication at least once in the official newspaper, but failure to give such notice shall not invalidate such election. 2.03. Section 4.07 of the Richfield City Charter is amended to read as follows: 420023v1 CAH RC145-17 / 1 —) Section 4.07. Canvass of Elections. The Council must meet and canvass the election returns at the next regular or special Council meeting immediately following any regular, primary, or special election but in no event later than the time prescribed by state law, and must make full declaration of the results as soon as possible, and file a statement thereof with the City Clerk. This statement must include: (a) the total number of good ballots cast; (b) the total number of spoiled or defective ballots; (c) the true correct vote for each candidate, with an indication of those who were elected or nominated; (d) a true copy of the ballots used; (e) the names of the judges and clerks of election; and 03 Lej such other information as may seem pertinent. The City Clerk must forthwith promptly notify all persons elected or nominated of their election or nomination. In case of a tie vote, the Council must determine the result by lot. The City Clerk is the final custodian of the ballots. 2.04. This ordinance is effective ninety (90) days after its publication, except that if within sixty (60) days after publication a petition requesting a referendum on this ordinance, signed by the number of registered voters of the City required by the Act is filed with the City Clerk, this ordinance will not be effective until approved by 51% of the voters voting on the question of its adoption at the special election called by the Council for that purpose. 2.05. On the effective date of the Amendment, the City Clerk is authorized and directed to file copies of the Amendment with the Secretary of State of the State of Minnesota, the Hennepin County Recorder, and the City Clerk's office together with the certificate required by Section 410.11 of the Act. Passed by the City Council of the City of Richfield, Minnesota this day of , 2013. Debbie Goettel, Mayor ATTEST: Nancy Gibbs, City Clerk 420023v1 CAH RC145-17 i NO. AN ORDINANCE RELATING TO CITY GOVERNMENT; MODIFYING AND CLARIFYING PROCEDURES FOR INITIATIVE, REFERENDUM AND RECALL; ESTABLISHING PENALTIES FOR SPECIFIED ELECTION MISCONDUCT; AMENDING SECTIONS 3.09, 5.01, 5.04, 5.05, 5.06, 5.07, 5.08, 5.11, 5.12, 5.14, 5.15, 5.16, 5.17, 5.18, 5.19, AND 5.20 OF THE RICHFIELD CITY CHARTER; REPEALING SECTION 5.02; AND ADDING A NEW SECTION 5.22 TO THE RICHFIELD CITY CHARTER THE CITY OF RICHFIELD DOES ORDAIN: Section 1. Background; findings; authority. 1.01. The City of Richfield (City) is governed by home rule charter adopted pursuant to the Constitution of the State of Minnesota and Minnesota Statutes, Chapter 410 (Act). 1.02. The Charter Commission of the City has proposed the adoption of certain Amendments to Chapter 5 of the charter and has recommended to the City Council that the Amendments be adopted by City Council ordinance in the manner prescribed by Section 410.12, Subdivision 7, of the Act. 1.03. A public hearing on the Amendments was held on by the City Council after two weeks' published notice containing the text of the Amendments as required by the Act. The notice contained a brief description of the nature and scope of the Amendments. All persons desiring to be heard with reference to the Amendments were heard at the public hearing. 1.04. The Council finds and determines that it is in the best interests of the City and its inhabitants that the Amendments be adopted. Section. 2 Adoption; effective date; filing. 2.01. The Amendments as proposed by the Charter Commission are adopted. 2.02. Section 5.01 of the Richfield City Charter is amended to read as follows: Section 5.01. Powers Reserved by the People. The people of Richfield reserve to themselves the powers of initiative, referendum and recall, to be exercised, in accordance with the provisions of this Charters-to - - •e - - -- - - - - - - - - - - - - - - - the• RC145-17 1 226414v8 CAH RC145-17 called the initiative, referendum and recall, respectively. Initiative is the process for voters to propose and adopt an ordinance. Referendum is the process to require an ordinance passed by the council to be referred to the voters for approval or disapproval. Recall is the process for removing an elected public official from office. Initiative and referendum may not be used with an ordinance that appropriates money, authorizes the levy of taxes, or involves land use or zoning. 2.03. Section 5.02 of the Richfield City Charter is repealed. 2.04. Section 5.04 of the Richfield City Charter is amended to read as follows: Section 5.04. Initiation of Measures. Any five ten residents of the City who are registered voters may form themselves into a sponsoring committee for the initiation of any e - - - --- - - - - ee • _ •- - - _ - _ • - - _ _ - an ordinance as permitted by section 5.01 of this Charter. Before circulating any petition they shall the committee must file an affidavit and its proposed petition a verified copy of their proposed ante with the City Clerk;. The affidavit must state that a committee has been formed, must contain, together with their the names and addresses as of the committee members of such committee , and must be signed by each member of the committee, whose signatures must be verified by a notary public. They shall The committee must also attach a verified copy of the proposed ordinance to each of the signature papers herein described, together with their the committee members' names and addresses as sponsors thereof. The ordinance must relate to only one subject which is clearly expressed in the petition. Every circulator of a signature paper must be a resident of the state of Minnesota. 2.05. Section 5.05 of the Richfield City Charter is amended to read as follows: Section 5.05. Form of Petition and of Signature Papers. The petition for the adoption of any ordinance shall must consist of the ordinance, together with all the signature papers and affidavits thereto attached. Such A petition shall is not be complete unless signed by a number of registered voters equal to at least five percent of the total number of registered voters at the time of the last regular municipal election. All the signatures need not be on one signature paper, but the circulator of every such signature paper shall must make an affidavit that each signature appended to the paper is the genuine signature of the person whose name it purports to be. Each signature paper shall must be in substantially the following form: RC145-17 2 226414v8 CAH RC145-17 ll � INITIATIVE PETITION Proposing an ordinance to (Stating the Purpose of the Ordinance). A certified a copy of which the proposed ordinance is hereto attached. Sponsoring Committee This ordinance is sponsored by the following committee of City of Richfield residents who are registered voters: Name Address 1. 2. 3. 4. 5. Instructions to Petition Signers You are being asked to sign a petition. You must be a resident of, and a registered voter in, the City of Richfield. Every person signing this petition must do so in the presence of the person circulating the petition. It is a criminal offense to sign a name other than your own to the petition or to accept compensation for signing your name to the petition. The undersigned registered voters, understanding the terms and nature of the ordinance attached, petition the Council for its adoption, or, in lieu thereof, for its submission to the voters for their approval. Date Legal Signature Name (print legibly) Address (print legibly) 1. 2. 3. RC145-17 3 226414v8 CAH RC145-17 IV (1 (A -- - _ _ -- _ .e • - - _ e- _ _ _ _ _ The affidavit of the circulator mentioned-above must be attached at the end of each signature paper.) 2.06. Section 5.06 of the Richfield City Charter is amended to read as follows: Section 5.06. Filing of Petition and Action Thereon. All the signature papers shall must be filed in the office of the City Clerk as one instrument. Within five (5) ten (10) working days after the filing of that petition, the City Clerk shall must ascertain by examination, the number of registered voters in the City whose signatures are appended—thereto attached and whether this number is at least five percent (5%) of the total number of registered voters at the time of the last regular municipal election. The validity of the signatures must be judged as of the day the petition was filed. If the City Clerk finds the petition is found to be insufficient or irregular, the City Clerk shall must at once notify one or more of the sponsoring committee of that fact, certifying the reasons for the finding. The committee shall then be given thirty (30) days in which to file additional signature papers and to correct the petition in all other particulars. If at the end of that period the petition is found to be still insufficient or irregular, it-shall-be-filed by the City Clerk shall file the petition in the City Clerk's office and notify each member of the committee shall-be-notified of that fact by the City Clerk. The final finding of the insufficiency or irregularity of a petition shall does not prejudice the filing of a new petition for the same purpose, nor shall does it prevent the Council from referring the ordinance to the voters at the next regular or special election at its option. 2.07. Section 5.07 of the Richfield City Charter is amended to read as follows: Section 5.07. Action of Council on Petition. When the petition is found to be sufficient, the City Clerk shall must so certify to the Council at its next meeting, stating the number of petitioners valid signatures on the petition and the percentage of the total number of registered voters at the time of the last regular municipal election which they constitute, and thc. The Council shall at once read the ordinance and may refer it to an appropriate committee. The committee or Council must hold a public hearings hearing upon the ordinance, aftcr the holding of which the ordinance shall be finally acted upon by the Council. After the public hearing, but not later than sixty-five (65) days after the City Clerk date-upon submitted the ordinance to the Council by the City Clerk, the Council must take final action on the ordinance. If the Council fails to pass the proposed ordinance, or passes it in a form different from that set forth in the petition and unsatisfactory to the sponsors, the proposed ordinance shall must be submitted by the Council to a vote at the next regular municipal election, but if the numbers of the signers of number of valid signatures on RC145-17 4 226414v8 CAH RC145-17 the petition is equal to at least fifteen percent (15%) of the total number of registered voters at the time of the last regular municipal election, the Council shall must call a special election upon the measure. Such special election shall must be held in accordance with the requirements of state law, but not less than thirty (30) nor more than forty five (45) sixty (60) days from date of final action on the ordinance by the Council or, if there has been no final action, from after the expiration of sixty-five (65) days from the date of submission to the Council . -• -- - - ---- - - - - .e'; but if a regular election is to occur within three months, the Council may must submit the ordinance at that election. If the Council passes the proposed ordinance with amendments and at least four-fifths (4/5) of the sponsoring committee do not express their dissatisfaction with such amended form by a statement filed with the City Clerk, within ten (10) days of the passage thereof by the Council, the ordinance need not be submitted to the voters. 2.08. Section 5.08 of the Richfield City Charter is amended to read as follows: Section 5.08. Initiative Ballots. The ballots used when voting upon any such proposed ordinance shall must state the substance of the ordinance and shall must give the voters the opportunity to vote either "yes" or "no" on the question of adoption. If a majority of the votes on any such ordinance are in favor of it, it becomes an ordinance of the City. Any number of proposed ordinances may be voted upon at the same election, but the voter shall must be allowed to vote for or against each separately. In case of inconsistency between two initiated ordinances approved at one election, the one approved by the higher percentage of voters voting on the question shall prevail prevails to the extent of the inconsistency. 2.09. Section 5.11 of the Richfield City Charter is amended to read as follows: Section 5.11. The Referendum. If prior to the date when an ordinance takes effect a petition signed by qualified registered voters of the City equal in number to ten percent (10%) of the total number of registered voters at the time of the last regular municipal election is filed with the City Clerk requesting that any such ordinance be repealed or submitted to a vote of the registered voters, the ordinance shall thcrcby be is prevented from going into operation. All the signature pages must be filed as one instrument. The City Clerk must ascertain by examination the sufficiency of the petition within ten (10) working days and must certify the results of that examination to the Council at its next regular meeting. The Council shall must thereupon reconsider the ordinance - • -- • -- - - ••-- .-e, and by majority vote either repeal or affirm the ordinance as passed. If the ordinance is affirmed, the Council shall must i mmediately order a special election to be held thereon, or submit the ordinance at the next regular municipal election, RC145-17 5 226414v8 CAH RC145-17 pending which the ordinance shall ema n remains suspended. If a majority of the voters voting on the ordinance is opposed to the ordinance, it shall does not become effective; but if a majority of the voters favor the ordinance, it shat ge-inte takes effect immediately or on the date therein specified. 2.10. Section 5.12 of the Richfield City Charter is amended to read as follows: Section 5.12. Referendum Petition. The requirements laid down in Sections 5.04 and 5.05 above as to the formation of committees, the form of petitions and signature papers, and residency requirements for committee members and circulators, for the initiation of ordinances shall apply to the referendum but with such changes as may be necessary. A referendum petition shall read substantially as follows: REFERENDUM PETITION Proposing the repeal of an ordinance to (stating the purpose of the ordinance)—a. A certified copy of which the ordinance is hereto attached. Sponsoring Committee The proposed repeal is sponsored by the following committee of City of Richfield residents who are registered voters: Name Address 1. 2. 3. 4. 5. Instructions to Petition Signers You are being asked to sign a petition. You must be a resident of, and a registered voter in, the City of Richfield. Every person signing this petition must do so in the presence of the person circulating the petition. It is a criminal offense to sign a name other than your own to the petition or to accept compensation for signing your name to the petition. The undersigned qualified registered voters, understanding the nature of the ordinance hereto attached and believing it to be detrimental to the welfare of the City, petition the Council for its submission to a vote of the voters for their approval or disapproval. RC145-17 6 226414v8 CAH RC145-17 11_ 1 Date Legal Signature Name (print legibly) Address (print legibly) 1. 2. 3. (At the cnd of the list of signatures shall be appended the Affidavit The affidavit of the circulator must be attached at the end of the list of signatures.) 2.11. Section 5.14 of the Richfield City Charter is amended to read as follows: Section 5.14. The Recall. No less than 25 registered voters may form themselves in a committee for the purpose of bringing about the recall of any Council Member including the Mayor. If the committee seeks the recall of a district Council Member, the registered voters constituting the committee shall must be from the Council Member's district. The committee shall must certify to the City Clerk the name of the Council Member whose removal is sought, a statement of the grounds for removal in not more than 250 words, and the committee's intention to bring about his or her recall. A copy of this certificate shall m ust b e attached to each signature paper and no signature paper shall may be put into circulation previous to such certification. The grounds as set forth in the recall petition must be predicated on one or more charges of malfeasance, nonfeasance or both. For this purpose the word "malfeasance" means the performance of an act by a Council Member in his or her official capacity that is wholly illegal and wrongful and the word "nonfeasance" means the neglect or refusal, without sufficient excuse, to do that which it is the Council Member's legal duty to do so. 2.12. Section 5.15 of the Richfield City Charter is amended to read as follows: Section 5.15. Recall Petitions. The petition for the recall of any Council Member shall must consist of a certificate identical to that filed with the City Clerk together with all the signature papers and affidavits thereto attached. All the signatures need not be on one signature paper, but the circulator of every signature paper shall must make an affidavit that each signature appended to the paper is the genuine signature of the person whose name it purports to be. Every circulator of a signature paper must be RC145-17 7 226414v8 CAH RC145-17 11 - ID a resident of the state of Minnesota. Each signature paper shalt must be in substantially the following form: RECALL PETITION Proposing the recall of from the office as which recall is sought for the reasons set forth in the attached certificate. Sponsoring Committee This movement is sponsored by the following committee of registered voters eligible to vote on candidates for that office. Name Address 1. 2. 3. 'listing all members of the committee.' Instructions to Petition Signers You are being asked to sign a petition. You must be a resident of, and a registered voter in, the City of Richfield. Every person signing this petition must do so in the presence of the person circulating the petition. It is a criminal offense to sign a name other than your own to the petition or to accept compensation for signing your name to the petition. The undersigned registered voters, all being eligible to vote on candidates for that office, understanding the nature of the charges against the Council Member herein sought to be recalled, desire the holding of a recall election for that purpose. Date Legal Signature Name (print legibly) Address (print legibly) 1. 2. 3. At the end of the list of signatures shall be appendcd the Affidavit The affidavit of the circulator must be attached at the end of the list of signatures. RC145-17 8 226414v8 CAH RC145-17 H 2.13. Section 5.16 of the Richfield City Charter is amended to read as follows: Section 5.16. Filing of Petition. Within thirty (30) days after the filing of the original certificate, the committee shall must file the completed petition in the office of the City Clerk. The City Clerk shall must examine the petition within the next five (5)ten (10) working days and if the clerk finds it irregular in any way, or finds that the number of signers is less than twenty-five percent (25%) of the total number of registered voters eligible to vote on candidates for that office at the last preceding regular municipal election, the City Clerk shall must so notify one or more members of the committee. The committee shall then be given ten (10) days in which to file additional signature papers and to correct the petition in all other respects, but they the committee may not change the statement of the grounds upon which the recall is sought. If at the end of that time the City Clerk finds the petition still insufficient or irregular, the clerk shall must notify all the members of the committee to that effect and shall file the petition in the City Clerk's office. No further action shall be taken thereon. 2.14. Section 5.17 of the Richfield City Charter is amended to read as follows: Section 5.17. Recall Election. If the petition or amended petition is found sufficient, the City Clerk shall must transmit it to the Council without delay, and shall must also officially notify the person sought to be recalled of the sufficiency of the petition and of the pending action. If the Council Member sought to be recalled does not resign within ten (10) days after having been given such notice, the Council shall, at its next meeting occurring more than ten (10) days after the receipt by the Council of the recall petition, by resolution, provide for the holding of a special recall election not less than 30 50 nor more than 45 75 days after such meeting, but if any other election is to occur within sixty (60) days three months after such meeting, the Council may in its discretion provide for the holding of the recall election at that time. If the special recall election involves a one or more district Council Member, the recall election shall must be conducted only within the district, of such the affected Council Member. if-lt • • •- _ e - - - _ - -- _- . If it involves a Council Member who is elected at large, the election shall must be a City-wide election. 2.15. Section 5.18 of the Richfield City Charter Is amended to read as follows: Section 5.18. Procedure at Recall Election. The City Clerk shall must include with the published notice of the election the statement of the grounds for recall and also, in not more than 500 words, the answer of the Council Member concerned in justification of his or her course in office. The election RC145-17 9 226414v8 CAH RC145-17 H - I shall must be conducted as far as possible, in accordance with the usual procedure in municipal elections. 2.16. Section 5.19 of the Richfield City Charter is amended to read as follows: Section 5.19. Form of Recall Ballot. The form of the ballot at such election shall be: "Shall be recalled?" The name of the Council Member whose recall is sought and his or her office shall be inserted in the blank. The electors shall be permitted to vote separately "Yes" or "No" upon this question. If a majority of those voting on the question of recall vote in favor of recall, the official shall be thereby removed from office. 2.17. Section 5.20 of the Richfield City Charter is amended to read as follows: Section 5.20. Procedure to Fill Vacancy. In the event that a Council Member is recalled by the electors or resigns after a petition has been filed for his or her recall, the vacancy shall must be filled in the following manner: If less than six months remain in the Council Member's term of office at the time of the recall election or at the time of resignation in response to a recall petition, as the case may be, the vacancy shall must be filled by the remaining members of the City Council for the unexpired term pursuant to Section 2.05. If six months or more remain in the Council Member's term at the time of such recall or resignation, the Council shall must call a special election to fill the vacancy for the balance of the Council Member's term. Such election shall must be called within ten (10) days after such recall or resignation, and the special election shall must be held in accordance with state law and not less than thirty (30) 110F more than sixty (60) days after the meeting at which the election is called. Candidates to fill the unexpired term shall must be nominated in the usual way and the election shall must be conducted as far as possible in accordance with procedures in municipal elections except that there shall be no primary election and the candidate receiving the highest number of votes for the office shall be elected to fill the unexpired term. 2.18. Chapter 5 of the Richfield City Charter is amended by adding a subdivision to read as follows: Section 5.22. Offenses; Penalty. It is unlawful for a person to: a. sign a name other than that person's own name to an initiative, referendum or recall petition; RC145-17 10 226414v8 CAH RC145-17 I - 13 b. circulate an initiative or referendum petition without required attachments; c. circulate an initiative, referendum or recall petition when unqualified to do so; d. sign an initiative, referendum, or recall petition when that person knows he or she is not qualified to do so e. make a false affidavit in connection with an initiative, referendum, or recall petition; f. pay or offer to pay a person, or receive payment or agree to receive payment, for signing an initiative, referendum or recall petition; g. pay or offer to pay a person, or receive payment or agree to receive payment, on a basis related to the number of signatures obtained for circulating an initiative, referendum, or recall petition. This subsection does not prohibit the payment of salary and expenses for circulation of the petition on a basis not related to the number of signatures obtained, as long as the circulators fully disclose all contributions received to the city clerk upon submission of the petitions. A violation of this section is a misdemeanor punishable in accordance with state law. 2.19. Section 3.09 of the Richfield City Charter is amended to read as follows: Section 3.09. When Ordinances and Resolutions Take Effect. A resolution and or an emergency ordinance shall take effect i s effective immediately upon its passage or at such later date as is fixed in it. An ordinance that is expressly excepted from referendum under section 5.01 of this Charter is effective on the day following publication or such later date as is fixed in it. Every other ordinance shall take effect is effective after on the thirtieth (30) day, exclusive of after the day of publication; or at such later date as is fixed therein. Every ordinance adopted by the voters of the City hall take efect is effective immediately upon its adoption, or at such a later time as fixed therein. 2.20. This ordinance is effective ninety (90) days after its publication, except that if within sixty (60) days after publication a petition requesting a referendum on this ordinance, signed by the number of registered voters of the City required by the Act is filed with the City Clerk, this ordinance will not be effective until approved by 51% of the voters voting on the question of its adoption at the special election called by the Council for that purpose. RC145-17 11 226414v8 CAH RC145-17 H — J Ill 2.21. On the effective date of the Amendment, the City Clerk is authorized and directed to file copies of the Amendment with the Secretary of State of the State of Minnesota, the Hennepin County Recorder, and the City Clerk's office together with the certificate required by Section 410.11 of the Act. Passed by the City Council of the City of Richfield, Minnesota this day of , 2013. Debbie Goettel, Mayor ATTEST: Nancy Gibbs, City Clerk RC145-17 12 226414v8 CAH RC145-17 11 - 15 BILL NO. AN ORDINANCE RELATING TO CITY CONTRACTS; AMENDING SECTION 6.05 OF THE RICHFIELD CITY CHARTER THE CITY OF RICHFIELD DOES ORDAIN: Section 1. Background; findings; authority. 1.01. The City of Richfield (City) is governed by home rule charter adopted pursuant to the Constitution of the State of Minnesota and Minnesota Statutes, Chapter 410 (Act). 1.02. The Charter Commission of the City has proposed the adoption of an Amendment to section 6.05 of the charter and recommended to the City Council that the Amendment be adopted by City Council ordinance in the manner prescribed by Section 410.12, Subdivision 7, of the Act. The form of the Amendment is set out in Sections 2.02 of this ordinance. 1.03. A public hearing on the Amendment was held on by the City Council after two weeks' published notice containing the text of the Amendment a s required by the Act. The notice contained a brief description of the nature and scope of the Amendment. All persons desiring to be heard with reference to the Amendment were heard at the public hearing. 1.04. The Council finds and determines that it is in the best interests of the City and its inhabitants that the Amendment be adopted. Section. 2 Adoption; effective date; filing. 2.01. The Amendment as proposed by the Charter Commission is adopted. 2.02. Section 6.05 of the Richfield City Charter is amended to read as follows: Section 6.05. Purchases and Contracts. City contracts must be made in compliance with state law and this charter. Evepy-Gentr-aot-fGr-the personal property, where Where the amount involved of a contract is more than the dollar amount contained in Minnesota Statutes, Section 471.345, Subd. 3 shall the contract must be let only approved by the City Council upon the recommendation of the City Manager to Che !ewest responsible Wider. When contracts are competitively bid, the The Council may; however, reject any and all bids. The City Manager may approve contracts in an amount equal to or less than the dollar amount contained in Minnesota Statutes, Section 471.345. Subject to the provisions of the 313696v2 MJM RC145-17 II — 11P Charter, and other applicable law, the Council may by ordinance or by resolution adopt further regulations for making of bids and letting of contracts. 2.03. This ordinance is effective ninety (90) days after its publication, except that if within sixty (60) days after publication a petition requesting a referendum on this ordinance, signed by the number of registered voters of the City required by the Act is filed with the City Clerk, this ordinance will not be effective until approved by 51% of the voters voting on the question of its adoption at the special election called by the Council for that purpose. 2.04. On the effective date of the Amendment, the City Clerk is authorized and directed to file copies of the Amendment with the Secretary of State of the State of Minnesota, the Hennepin County Recorder, and the City Clerk's office together with the certificate required by Section 410.11 of the Act. Passed by the City Council of the City of Richfield, Minnesota this day of , 2013. Debbie Goettel, Mayor ATTEST: Nancy Gibbs, City Clerk 313696v2 MJM RC145-17 l ( — i BILL NO. AN ORDINANCE RELATING TO EXPENDITURE OF PUBLIC FUNDS FOR PUBLIC PURPOSES; AMENDING SECTION 7.01 OF THE RICHFIELD CITY CHARTER THE CITY OF RICHFIELD DOES ORDAIN: Section 1. Background; findings; authority. 1.01. The City of Richfield (City) is governed by home rule charter adopted pursuant to the Constitution of the State of Minnesota and Minnesota Statutes, Chapter 410 (Act). 1.02. The Charter Commission of the City has proposed the adoption of an Amendment to section 7.01 of the charter and recommended to the City Council that the Amendment be adopted by City Council ordinance in the manner prescribed by Section 410.12, Subdivision 7, of the Act. The form of the Amendment is set out in Section 2.02 of this ordinance. 1.03. A public hearing on the Amendment was held on by the City Council after two weeks' published notice containing the text of the Amendment a s required by the Act. The notice contained a brief description of the nature and scope of the Amendment. All persons desiring to be heard with reference to the Amendment were heard at the public hearing. 1.04. The Council finds and determines that it is in the best interests of the City and its inhabitants that the Amendment be adopted. Section. 2 Adoption; effective date; filing. 2.01. The Amendment as proposed by the Charter Commission is adopted. 2.02. Section 7.01 of the Richfield City Charter is amended to read as follows: Section 7.01. Council to Control Finances. Subdivision 1. The Council controls the financial affairs of the City. The Council must provide for (i) the prompt collection of revenues, (ii) the preservation of assets, (iii) the auditing of City accounts, and (iv) the safekeeping and proper disbursement of public monies. Subd. 2. The City must spend public funds only for public purposes. The Council may provide by ordinance or by resolution that certain expenditures serve a public purpose consistent with state law. A resolution shall be effective only for the fiscal year in which it is adopted. 313696v2 MJM RC145-17 2.03. This ordinance is effective ninety (90) days after its publication, except that if within sixty (60) days after publication a petition requesting a referendum on this ordinance, signed by the number of registered voters of the City required by the Act is filed with the City Clerk, this ordinance will not be effective until approved by 51% of the voters voting on the question of its adoption at the special election called by the Council for that purpose. 2.04. On the effective date of the Amendment, the City Clerk is authorized and directed to file copies of the Amendment with the Secretary of State of the State of Minnesota, the Hennepin County Recorder, and the City Clerk's office together with the certificate required by Section 410.11 of the Act. Passed by the City Council of the City of Richfield, Minnesota this day of , 2013. Debbie Goettel, Mayor ATTEST: Nancy Gibbs, City Clerk 313696v2 MJM RC145-17 1H BILL NO. AN ORDINANCE RELATING TO CITY GOVERNMENT; AMENDING SECTION 8.04 OF THE RICHFIELD CITY CHARTER; CLARIFYING CAPITAL IMPROVEMENT PROJECTS THAT REQUIRE PUBLIC HEARING; INCREASING MONETARY LIMITS THE CITY OF RICHFIELD DOES ORDAIN: Section 1. Background; findings; authority. 1.01. The City of Richfield (City) is governed by home rule charter adopted pursuant to the Constitution of the State of Minnesota and Minnesota Statutes, Chapter 410 (Act). 1.02. The Charter Commission of the City has proposed the adoption of an amendment (Amendment) to Chapter 8 of the charter and recommended to the City Council that the Amendment be adopted by City Council ordinance in the manner prescribed by Section 410.12, Subdivision 7, of the Act. The form of the Amendment is set out in Section 2.02. 1.03. A public hearing on the Amendment was held on by the City Council after two weeks' published notice containing the text of the Amendment as required by the Act. The notice contained a brief description of the nature and scope of the Amendment. All persons desiring to be heard with reference to the Amendment were heard at the public hearing. 1.04. The Council finds and determines that it is in the best interests of the City and its inhabitants that the Amendment be adopted. Sec. 2 Adoption; effective date; filing. 2.01. The Amendment as proposed by the Charter Commission is adopted. 2.02. Section 8.04 of the City Charter is amended to read as follows: Section 8.04. Approval by Ordinance. Any capital improvement on City-owned property owned or leased by the City, excluding street and utility rights of way, which has an estimated cost exceeding $500,000.08 $2,000,000.00 or expenditures for design or engineering costs exceeding $75,000.00 $250,000.00 must be approved by ordinance after a public hearing. 2.03. This ordinance is effective ninety (90) days after its publication, except that if within sixty (60) days after publication a petition requesting a referendum on this ordinance, signed by the number of registered voters of the City required by the Act is filed with the City Clerk, this ordinance will not be effective until approved by 51% of the voters voting 11O on the question of its adoption at the special election called by the Council for that purpose. 2.04. On the effective date of the Amendment, the City Clerk is authorized and directed to file copies of the Amendment with the Secretary of State of the State of Minnesota, the Hennepin County Recorder, and the City Clerk's office together with the certificate required by Section 410.11 of the Act. Passed by the City Council of the City of Richfield, Minnesota this day of , 2013. Debbie Goettel, Mayor ATTEST: Nancy C. Gibbs, City Clerk II -AI CHAPTER 5 AND SECTION 3.09 AMENDMENTS—WITH ANNOTATIONS 2.01. Section 5.01 of the Richfield City Charter is amended to read as follows: Section 5.01. Powers Reserved by The amendment the People. The people of Richfield simplifies the wording of reserve to themselves the powers of the section. The initiative, referendum and recall, to be substantive change is to exercised, in accordance with the except land use and provisions of this Charter, to initiate and zoning ordinances from initiative and appropriating-the money or authorizing th referendum, which is consistent with a -- __ -_ _ •- _ __ _ _- - - Minnesota court to the registered voters for approval or decision. officials. These powers shall be called the initiative, referendum and recall, respectively. Initiative is the process for voters to propose and adopt an ordinance. Referendum is the process to require an ordinance passed by the council to be referred to the voters for approval or disapproval. Recall is the process for removing an elected public official from office. Initiative and referendum may not be used with an ordinance that appropriates money, authorizes the levy of taxes, or involves land use or zoning. Section 5.02 prevents 2.02. Section 5.02 of the Richfield City Charter is members of repealed. committees, circulators of signature papers, and signers from accepting or offering rewards. This language duplicates the new provision in Section 5.22. Section 5.02 also allows the committee to pay for legal advice and to incur expenses up to $400. The limitation on l � a � incurring expenses is removed because of constitutional concerns about such limitations. Section 5.22 does require disclosure of any expenses for paid circulation of petitions. 2.03. Section 5.04 of the Richfield City Charter is amended to read as follows: Section 5.04. Initiation of Measures. Any five ten residents of the City who are The number of residents registered voters may form themselves required to form a into a sponsoring committee for the committee was initiation of any ordinances except any increased to 10 (the ordinance appropriating money, or same number required authorizing the levy of taxes an ordinance to nominate a city as permitted by section 5.01 of this council candidate under Charter. Before circulating any petition Section 4.04 of the they shall the committee must file an Charter). affidavit and its proposed petition a-verified ___ _ -- e _ __ -_ e *••- • ." with the The second-to-last City Clerk;. The affidavit must state that a sentence limits an committee has been formed, must contain; initiated ordinance to together with their the names and one subject, to avoid addresses as of the committee members voter confusion when of such committee , and must be signed voting. by each member of the committee, whose signatures must be verified by a notary The last sentence is public. They shall The committee must added as a measure to also attach a verified copy of the proposed encourage compliance ordinance to each of the signature papers with state laws and the herein described, together with their the charter; Minnesota committee members' names and residents are more addresses as sponsors thereof. The readily subject to ordinance must relate to only one subject prosecution and which is clearly expressed in the petition. enforcement than Every circulator of a signature paper must nonresidents. be a resident of the state of Minnesota. Other changes are for simplification of language. 2.04. Section 5.05 of the Richfield City Charter is amended to read as follows: Most changes are for il - a3 simplification or Section 5.05. Form of Petition clarification of language. and of Signature Papers. The petition for the adoption of any ordinance shall must consist of the ordinance, together with all the signature papers and affidavits thereto attached. Such A petition shall is not be complete unless signed by a number of registered voters equal to at least five percent of the total number of registered voters at the time of the last regular municipal election. All the signatures need not be on one signature paper, but the circulator of every such s ignature p aper shall must make an affidavit that each signature appended to the paper is the genuine signature of the person whose name it purports to be. Each signature paper shall must be in substantially the following form: INITIATIVE PETITION Proposing an ordinance to (Stating the Purpose of the Ordinance). A certified a copy of which the proposed ordinance is hereto attached. Sponsoring Committee This ordinance is sponsored by the following committee of City of Richfield residents who are registered voters: Name Address 1. 2. 3. 4. 5. Instructions to Petition Signers You are being asked to sign a petition. This instruction was You must be a resident of, and a added to put signers on registered voter in, the City of Richfield. notice of the Every person signing this petition must do requirements for signing so in the presence of the person a petition and the circulating the petition. It is a criminal penalties for violating offense to sign a name other than your those requirements. own to the petition or to accept compensation for signing your name to the petition. The undersigned registered voters, understanding the terms and nature of the ordinance attached, petition the Council for its adoption, or, in lieu thereof, for its submission to the voters for their approval. Date Legal Signature Name (print legibly) Address (print legibly) The form was changed to add the requirement 1. that the printed name of the signer by shown. 2. This assists the city clerk in examining the 3. sufficiency of the petition. (At the end of the list of signatures shall be appended the The affidavit of the circulator must be attached at the end of each signature paper.) 2.05. Section 5.06 of the Richfield City Charter is amended to read as follows: Section 5.06. Filing of Petition The time period for the and Action Thereon. All the signature city clerk to examine the Il �a � papers shall must be filed in the office of petitions is increased the City Clerk as one instrument. Within from five calendar days five (5) ten (10) working days after the to 10 working days. filing of that petition, the City Clerk shall must ascertain by examination, the number of registered voters in the City whose signatures are appended thereto attached and whether this number is at least five percent (5%) of the total number of registered voters at the time of the last regular municipal election. The validity of This sentence was the signatures must be judged as of the added to clarify that the day the petition was filed. If the City Clerk city clerk will use the finds the petition is found to be insufficient voter registration list in or irregular, the City Clerk shall must at effect on the date the once notify one or more of the sponsoring petition was filed to committee of that fact, certifying the determine whether a reasons for the finding. The committee voter is registered. The shall then be given thirty (30) days in clerk is not required to which to file additional signature papers look at the lists in effect and to correct the petition in all other on the date that each particulars. If at the end of that period the that each person signed petition is found to be still insufficient or the petition. irregular, it shall be filed by the City Clerk shall file the petition in the City Clerk's Other changes are for office and notify each member of the simplification of committee shall be notified of that fact by language. the City Clerk. The final finding of the insufficiency or irregularity of a petition shall does not prejudice the filing of a new petition for the same purpose, nor shall does it prevent the Council from referring the ordinance to the voters at the next regular or special election at its option. 2.06. Section 5.07 of the Richfield City Charter is amended to read as follows: Section 5.07. Action of Council on Petition. When the petition is found to be Some changes were for sufficient, the City Clerk shall must so certify to simplification or the Council at its next meeting, stating the clarification of language. number of petitioners valid signatures on the petition and the percentage of the total number of registered voters at the time of the last regular Il � a(-P municipal election which they constitute, and the, The Council shall at once read the ordinance and may refer it to an appropriate committee. The committee or Council must hold a p ublic hearings hearing upon the ordinance, - • - -- e - - - • -• •- Council. After the public hearing, but not later than sixty-five (65) days after the City Clerk date upon-wh-ish-itas submitted the ordinance to the Council by the City Clerk, the Council must take final action on the ordinance. If the Council fails to pass the proposed ordinance, or passes it in a form different from that set forth in the petition and unsatisfactory to the sponsors, the proposed ordinance shall must be submitted by the Council to a vote at the next regular municipal election, but if the numbers of the signers of number of valid signatures on the petition is equal to at least fifteen percent (15%) of the total number of The only substantive registered voters at the time of the last regular change is to modify the municipal election, the Council shall must call a time requirements for special election upon the measure. Such special holding a special election shall must be held in accordance with the election. The old time requirements of state law, but not less-than-thirty requirements are too (30)-nor more than sixty (60) days short, given current from date of final action on the ordinance by the state law requirements Council or, if there has been no final action, from for elections. after the expiration of sixty-five (65) days from the date of submission to the Council when there has been no final action; but if a regular election is to occur within three months, the Council may must submit the ordinance at that election. If the Council passes the proposed ordinance with amendments and at least four-fifths (4/5) of the sponsoring committee do not express their dissatisfaction with such amended form by a statement filed with the City Clerk, within ten (10) days of the passage thereof by the Council, the ordinance need not be submitted to the voters. 2.07. Section 5.08 of the Richfield City Charter is amended to read as follows: Section 5.08. Initiative Ballots. The ballots used when voting upon any The changes are for such proposed ordinance shall must state simplification of c II - i the substance of the ordinance and shall language. must give the voters the opportunity to vote either "yes" or "no" on the question of adoption. If a majority of the votes on any such ordinance are in favor of it, it shall thereupon-become becomes an ordinance of the City. Any number of proposed ordinances may be voted upon at the same election, but the voter shall must be allowed to vote for or against each separately. In case of inconsistency between two initiated ordinances approved at one election, the one approved by the higher percentage of voters voting on the question prevails to the extent of the inconsistency. 2.08. Section 5.11 of the Richfield City Charter is amended to read as follows: Section 5.11. The Referendum. If prior to the date when an ordinance takes effect a petition signed by qualified registered voters of the City equal in number to ten percent (10%) of the total number of registered voters at the time of the last regular municipal election is filed with the City Clerk requesting that any such ordinance be repealed or submitted to a vote of the registered voters, the ordinance shall thereby be is p revented from going into operation. All the The added language is signature pages must be filed as one not a substantive instrument. The City Clerk must ascertain change; it repeats the by examination the sufficiency of the specific requirements for petition within ten (10) working days and the petition rather than must certify the results of that examination rely on the cross- to the Council at its next regular meeting. reference in section The Council shall must thereupon 5.12. reconsider the ordinance at its next regular meeting, and by majority vote either repeal or affirm the ordinance as passed. If the ordinance is affirmed, the Council shall must immediately order a special election Ibe held thereon, or submit the ordinance at the next regular municipal election, pending which the ordinance remains suspended. If a majority of the voters voting on the ordinance is opposed to the ordinance, it shall does not become effective; but if a majority of the voters favor the ordinance, it shall go into takes effect immediately or on the date therein specified. 2.09. Section 5.12 of the Richfield City Charter is amended to read as follows: Section 5.12. Referendum Petition. The requirements laid down in Sections 5.04 and 5.05 above as to the formation of This change adds the committees, the form of petitions and residency requirements signature papers, and residency for referendum petitions, requirements for committee members and for the same reason circulators, for the initiation of ordinances residency was added to shall apply to the referendum but with such initiative petitions. changes as may be necessary. A referendum petition shall read substantially as follows: REFERENDUM PETITION Proposing the repeal of an ordinance to (stating the purpose of the ordinance)—a. A certified copy of which the ordinance is hereto attached. Sponsoring Committee The proposed repeal is sponsored by the following committee of City of Richfield residents who are registered voters: Name Add 1. 2. 3. 4. 5. Instructions to Petition Signers You are being asked to sign a petition. Added for same reason You must be a resident of, and a as for initiative, above. registered voter in, the City of Richfield. Every person signing this petition must do so in the presence of the person circulating the petition. It is a criminal offense to sign a name other than your own to the petition or to accept compensation for signing your name to the petition. The undersigned qualified registered voters, understanding the nature of the ordinance hereto attached and believing it to be detrimental to the welfare of the City, petition the Council for its submission to a vote of the voters for their approval or disapproval. Date Legal Signature Name (print Printed name added for legibly) Address (print legibly) same reason as initiative, above. 1. 2. 3. Other changes are for (A -- - . _ •- _ .e .- . - •- e- simplification of The affidavit of the language. circulator mentioned above must be attached at the end of the list of signatures.) 2.10. Section 5.14 of the Richfield City Charter is amended to read as follows: Changes are for Section 5.14. The Recall. No less simplification of than 25 registered voters may form language. themselves in a committee for the purpose of bringing about the recall of any Council ! I - 3D Member including the Mayor. If the committee seeks the recall of a district Council Member, the registered voters constituting the committee shall must be from the Council Member's district. The committee shall must certify to the City Clerk the name of the Council Member whose removal is sought, a statement of the grounds for removal in not more than 250 words, and fheic the committee's intention to bring about his or her recall. A copy of this certificate shall must be attached to each signature paper and no signature paper shall may be put into circulation previous to such certification. The grounds as set forth in the recall petition must be predicated on one or more charges of malfeasance, nonfeasance or both. For this purpose the word "malfeasance" means the performance of an act by a Council Member in his or her official capacity that is wholly illegal and wrongful and the word "nonfeasance" means the neglect or refusal, without sufficient excuse, to do that which it is the Council Member's legal duty to do so. 2.11. Section 5.15 of the Richfield City Charter is amended to read as follows: Section 5.15. Recall Petitions. The All changes are similar petition for the recall of any Council to those made for Member shall must consist of a certificate initiative and identical to that filed with the City Clerk referendum, see above. together with all the signature papers and affidavits thereto attached. All the signatures need not be on one signature paper, but the circulator of every signature paper shall must m ake an affidavit that each signature appended to the paper is the genuine signature of the person whose name it purports to be. Every circulator of a signature paper must be a resident of the state of Minnesota. Each signature 1H91 paper shall must be in substantially the following form: RECALL PETITION Proposing the recall of from the office as which recall is sought for the reasons set forth in the attached certificate. Sponsoring Committee This movement is sponsored by the following committee of registered voters eligible to vote on candidates for that office. Name Add 1. 2. 3. Jlistinq all members of the committee) Instructions to Petition Signers You are being asked to sign a petition. You must be a resident of, and a registered voter in, the City of Richfield. Every person signing this petition must do so in the presence of the person circulating the petition. It is a criminal offense to sign a name other than your own to the petition or to accept compensation for signing your name to the petition. The undersigned registered voters, all being eligible to vote on candidates for that office, understanding the nature of the charges against the Council Member herein sought to be recalled, desire the holding of a recall election for that purpose. Date Legal Signature Name (print I I - 3 � legibly) Address (print legibly) 1. 2. 3. The affidavit of the circulator mentioned—awe—must be attached at the end of the list of signatures. 2.12. Section 5.16 of the Richfield City Charter is amended to read as follows: Section 5.16. Filing of Petition. Within thirty (30) days after the filing of the The only substantive original certificate, the committee shall change is to give the must file the completed petition in the city clerk 10 working office of the City Clerk. The City Clerk days instead of 5 shall must examine the petition within the calendar days to next five (5) ten (10) working days and if examine the petition. the clerk finds it irregular in any way, or finds that the number of signers is less than twenty-five percent (25%) of the total number of registered voters eligible to vote on candidates for that office at the last preceding regular municipal election, the City Clerk shall must so notify one or more members of the committee. The committee shall then be given ten (10) days in which to file additional signature papers and to correct the petition in all other respects, but they the committee may not change the statement of the grounds upon which the recall is sought. If at the end of that time the City Clerk finds the petition still insufficient or irregular, the clerk shall must notify all the members of the committee to that effect and shall file the petition in the City Clerk's office. No further action shall be taken thereon. 2.13. Section 5.17 of the Richfield City Charter is amended to read as follows: Section 5.17. Recall Election. If the petition or amended petition is found Most changes are for sufficient, the City Clerk shall must simplification of transmit it to the Council without delay, language. The and shall must also officially notify the substantive change is to person sought to be recalled of the alter the time sufficiency of the petition and of the requirements for holding pending action. If the Council Member a special recall election. sought to be recalled does not resign The existing within ten (10) days after having been requirements are too given such notice, the Council shall, at its restrictive, given state next meeting occurring more than ten (10) law election days after the receipt by the Council of the requirements. recall petition, by resolution, provide for the holding of a special recall election not lest than 30 nor more than 45 75 days after such meeting, but if any other election is to occur within sixty (60) day, three months after such meeting, the Council may in its discretion provide for the holding of the recall election at that time. If the special recall election involves a one or more district Council Member, the recall election shall must be conducted only within the districts of such the affected Council Memberj. If it involves several be conducted only within the districts of such Council Members. If it involves a Council Member who is elected at large, the election shall must be a City-wide election. 2.14. Section 5.18 of the Richfield City Charter Is amended to read as follows: Changes are for Section 5.18. Procedure at Recall simplification of Election. The City Clerk shall must include language. with the published notice of the election the statement of the grounds for recall and also, in not more than 500 words, the answer of the Council Member concerned in justification of his or her course in office. H v34 The election shall must be conducted as far as possible, in accordance with the usual procedure in municipal elections. 2.15. Section 5.19 of the Richfield City Charter is amended to read as follows: Section 5.19. Form of Recall Ballot. Clarification of The form of the ballot at such election shall language. be: "Shall be recalled?" The name of the Council Member whose recall is sought and his or her office shall be inserted in the blank. The electors shall be permitted to vote separately "Yes" or "No" upon this question. If a majority of those voting on the question of recall vote in favor of recall, the official shall be thereby removed from office. 2.16. Section 5.20 of the Richfield City Charter is amended to read as follows: Section 5.20. Procedure to Fill The only substantive Vacancy. In the event that a Council change is to the time Member is recalled by the electors or period for holding a resigns after a petition has been filed for special election, in light his or her recall, the vacancy shall must be of current state law filled in the following manner: election requirements. If less than six months remain in the Council Member's term of office at the time of the recall election or at the time of resignation in response to a recall petition, as the case may be, the vacancy shall must be filled by the remaining members of the City Council for the unexpired term pursuant to Section 2.05. If six months or more remain in the Council Member's term at the time of such recall or resignation, the Council shall must call a special election to fill the vacancy for the balance of the Council Member's term. Such election shall must be called within ten (10) days after such recall or resignation, and the special election shall must be held in accordance with state law and not less than thirty (30) more than sixty ( 60) days after the meeting at which the election is called. Candidates to fill the unexpired term shall must be nominated in the usual way and the election shall must be conducted as far as possible in accordance with procedures in municipal elections except that there shall be no primary election and the candidate receiving the highest number of votes for the office shall be elected to fill the unexpired term. 2.17. Chapter 5 of the Richfield City Charter is amended by adding a subdivision to read as follows: This section was added Section 5.22. Offenses; Penalty. It to protect the integrity of is unlawful for a person to: the initiative, referendum and recall a. sign a name other than that processes by person's own name to an initiative, establishing a criminal referendum or recall petition; penalty for certain conduct. b. circulate an initiative or referendum petition without required attachments; c. circulate an initiative, referendum or recall petition when unqualified to do so; d. sign an initiative, referendum, or recall petition when that person knows he or she is not qualified to do so; e. make a false affidavit in connection with an initiative, referendum, or recall petition; f. pay or offer to pay a person, or receive payment or agree to receive payment, for signing an initiative, referendum or recall petition; g. pay or offer to pay a person, or receive payment or agree to receive II - 3(P payment, on a basis related to the number of signatures obtained for circulating an initiative, referendum, or recall petition. This subsection does not prohibit the payment of salary and expenses for circulation of the petition on a basis not related to the number of signatures obtained, as long as the circulators fully disclose all contributions received to the city clerk upon submission of the petitions. A violation of this section is a misdemeanor punishable in accordance with state law. 2.18. Section 3.09 of the Richfield City Charter is amended to read as follows: Section 3.09. When Ordinances The substantive change and Resolutions Take Effect. A resolution is to remove the 30-day and or an emergency ordinance shall take waiting period for any effect is effective immediately upon its ordinance that is passage or at such later date as is fixed in expressly excepted from it. An ordinance that is expressly excepted referendum under from referendum under section 5.01 of this section 5.01. In those Charter is effective on the day following instances, the waiting publication or such later date as is fixed in period serves no it Every other ordinance shall-take-effect purpose. is effective after on the thirtieth (30) day; exclusive of after the day of publication; or at such later date as is fixed therein. Every ordinance adopted by the voters of the City shall take effect is effective immediately upon its adoption, or at such a later time as fixed therein. AGENDA SECTION: ORDINANCE AGENDA ITEM# 12 REPORT# 113 STAFF REPORT RICHFIELD CITY COUNCIL MEETING JUNE 11, 2013 REPORT PREPARED BY: ELIZABETH FINNEGAN, CIVIL ENGINEER NAME,TITLE DEPARTMENT DIRECTOR REVIEW: I SIGNATURE / REVIEWED BY CITY if E • MANAGER: l _ ITEM FOR COUNCIL CONSIDERATION: Consideration of an ordinance relating to private use of boulevards and unopened rights-of- way amending Section 811 of the Richfield City Code. I. RECOMMENDED ACTION: By Motion: 1. Conduct a second reading of the attached ordinance related to the private use of boulevards and unopened rights-of-way amending Section 811 of the Richfield City Code. 2. Approve resolution for summary publication of an ordinance amendment to Section 811. II. EXECUTIVE SUMMARY Currently, City Code 811 "Private Use of Boulevards" excludes the use of unopened rights-of-ways (i.e., alleys and easement areas). Staff recommends amending Section 811 to include unopened rights-of-way and clarify the restriction of permanent fencing, retaining walls, and any other feature that may cause major efforts to remove or unnecessary encumbrances within the City's right-of-way. The City wishes to permit private parties to make certain improvements within City boulevards or unopened rights-of-way. These improvements would be authorized by the Public Works Director, with the ultimate goal of keeping City rights-of-way in a state of good repair and free from unnecessary encumbrances. 06112013PrivateUseofBlvd City Charter sec. 3.12 requires that publication of an ordinance title and summary must be approved by unanimous vote of the City Council. III. BASIS OF RECOMMENDATION A. BACKGROUND • Currently, City Code 811 excludes the use of unopened rights-of-way. Unopened rights-of-way are defined as any area in which the City has an easement for street or alley right-of-way but that the City has not opened to public travel (Section 811.02(b)). B. POLICY • The City Charter general provision on adoption of ordinances requires a first and second reading on ordinances and a unanimous vote of the City Council. A public hearing is not required unless a separate statute, charter provision or ordinance requires it. In this case, there is not a public hearing requirement. C. CRITICAL TIMING ISSUES • The current approval timeline will allow private use of boulevards and unopened rights-of-ways to begin for the 2013 Construction season. D. FINANCIAL • N/A E. LEGAL • This Ordinance Amendment was written by the City Attorney. • There are no legal issues known at this time that would affect passage and implementation of this ordinance. F. ENVIRONMENTAL CONSIDERATIONS • None IV. ALTERNATIVE RECOMMENDATION(S) • The Council could choose not to approve the Ordinance Amendment and direct staff on how to proceed. V. ATTACHMENTS • Proposed Amendment to the Ordinance relating to the Private use of Boulevards and Unopened Rights-of-Way. • Resolution of Summary Publication VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None anticipated. s- � BILL NO. AN ORDINANCE RELATING TO PRIVATE USE OF BOULEVARDS AND UNOPENED RIGHTS-OF-WAY; AMENDING SECTION 811 OF THE RICHFIELD CITY CODE THE CITY OF RICHFIELD DOES ORDAIN: Section 1. Subsection 811.01 is amended to read as follows: 811.01. - Purpose and Intent. land. The City wishes to permit private parties to make certain improvements within city boulevards or unopened rights-of-way as authorized by the Public Works Director, while striving to keep City rights-of-way in a state of good repair and free from unnecessary encumbrances. Sec. 2. A new subsection 811.02 is added to read as follows: 811.02. Definitions. (a) For the purposes of this section, a boulevard means that area within the public right-of-way, located between the back of street curb and the nearest lot line of privately- owned land. (b) For purposes of this section, an unopened right-of-way means any area in which the city has an easement for street or alley right-of-way but that the city has not opened to public travel. Sec. 2. Subsection 811.03 is amended to read as follows: 811.03. Maintenance responsibility. A private property owner is responsible for maintenance of the boulevard or unopened right-of-way directly abutting the owner's property. Such maintenance includes, but is not limited to, mowing grass, watering, and removing weeds. Sec. 3. Section 811 is amended by adding a new Subsection 811.06 to read as follows: 811.06. — Private use of an unopened right-of-way. Within an unopened right-of-way, nothing shall be erected, placed, or installed except for private improvements as authorized by subsection 811.07 of this code. Sec. 4. Subsection 811.07 is amended to read as follows: Ia � 811.07. Certain features •rivate improvements. Subd. 1. Definition of private improvement. The City realizes that in certain instances a private property owner may wish to erect, place, or plant certain features private improvements within the boulevard or unopened right-of-way abutting their the owner's land. Such f tures private improvements include, but are not limited to, ornamental fences, - - • - - , : - - - , hedges, berms, sidewalks, driveways, pavement, planters, statues, irrigation systems, rock and landscaping (hereinafter "feature" "private improvement"). Private improvements shall not include any permanent features such a concrete foundation or other feature requiring major removal efforts. Subd. 2. Permit required. No person shall erect, place, or plant any feature private improvement within a boulevard or unopened right-of-way abutting their private property without first obtaining a permit from the Community Services Public Works Director. In addition, any existing feature which does not hold a valid permit shall require a permit at the time of any reconstruction or repair, or earlier if required by the City. If the abutting boulevard is owned by Hennepin County or the Minnesota Department of Transportation, a permit may also be required by such jurisdiction. Subd. 3. Application and fee. A person requesting a permit under this subsection shall submit an application on forms provided by the City, together with the fee established in appendix D. The application shall be accompanied with scale drawings of the boulevard or unopened right-of-way and the proposed feature private improvement, as well as a written description of the materials and construction methods to be used. Subd. 4 Review of application. The Director may deny any application if the Director determines that the feature private improvement would cause, or could cause in the future, any inconvenience to the public. In review of an application, the Director considers factors including, but not limited to, the following: (a) Effect of the f turc private improvement on snow plowing and snow storage; (b) Effect of the f aturc private improvement on public safety, including traffic visibility and pedestrian safety; (c) Effect of the feature private improvement on public land and public or private utilities; and (d) The public necessity and utility of the feature private improvement and the availability of alternate locations for the feature private improvement. To appeal the denial of a permit application, the aggrieved applicant must submit a written request for hearing to the City Manager within seven (7) days following receipt of the decision of denial. Appeals will be heard within 30 days after receipt of the written request by a panel consisting of the City Manager, the Director of Public Safety, and the Director of Community Development, or their designates. The decision of the appeal panel is final. Subd. 5. Permit revocation. The City reserves the right to revoke any permit at any time and for any reason. If the permit is revoked, the property owner has 60 days to remove the private improvement. Subd. 6. Maintenance of feature private improvement. The abutting landowner shall be responsible for the maintenance of any feature private improvement located within the boulevard or unopened right-of-way. Subd. 7. Damaqe to or by featu-re private improvement. The City will assume no responsibility and the abutting landowner shall assume all responsibility for any damage caused to or by any feature private improvement located within the boulevard or unopened right-of-way. Subd. 8. Removal requirement. Any feature private improvement not holding a valid permit is deemed to be a public nuisance and is subject to abatement according to subsection 925.07 of this code. The City may bill the property owner for the cost of abatement or assess the cost of abatement against the abutting property in accordance with Minnesota Statutes, chapter 429 or other applicable law. Subd. 9. Conditions. A person requesting a permit under this subsection must: (a) Accept all of the terms of this subsection; (b) Commence and complete the private improvement within the time specified in the application; and (c) Make such private improvement at the person's own sole expense without any expense of any kind to the City. Section 5. This ordinance will be effective , 2013. Adopted this day of May, 2013. By: Debbie Goettel, Mayor ATTEST: Nancy Gibbs, City Clerk RESOLUTION NO. RESOLUTION APPROVING SUMMARY PUBLICATION OF AN ORDINANCE AMENDMENT TO SECTION 811 OF THE RICHFIELD CITY CODE WHICH PERTAINS TO PRIVATE USE OF BOULEVARDS AND UNOPENED RIGHTS-OF-WAY WHEREAS, the City has adopted the above referenced amendment to the Richfield City Code; and WHEREAS, the verbatim text of the amendment is cumbersome, and the expense of publication of the complete text is not justified; and WHEREAS, the following summary clearly informs the public of the intent and effect of the ordinance. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield that the following summary is hereby approved for official publication: SUMMARY PUBLICATION ORDINANCE NO._ AN ORDINANCE RELATING TO PRIVATE USE OF BOULEVARDS AND UNOPENED RIGHTS- OF-WAYS; AMENDING SECTION 811 OF THE RICHFIELD CITY CODE. This summary of the ordinance is published pursuant to Section 3.12 of the Richfield City Charter. The purpose of the code amendments is to allow private parties to make certain limited improvements within city boulevards and unopened rights-of-ways as authorized by the Public Works Director. The amendments also include clarification of the restriction of permanent fencing, retaining walls and any other features that may cause an unnecessary encumbrance within the City boulevard or right-of-way or require major removal efforts. Copies of the ordinance are available for public inspection in the Public Works Department during normal business hours or upon request by calling Kristin Asher at 612-861-9795. BE IT FURTHER RESOLVED, that the City Clerk is directed to keep a copy of the ordinance in her office at City Hall for public inspection and to post a full copy of the ordinance in a public place in the City for a period of two weeks. Adopted by the City Council of the City of Richfield, Minnesota this 28th day of May, 2013. Debbie Goettel, Mayor ATTEST: Nancy Gibbs, City Clerk AGENDA SECTION: RESOLUTION AGENDA ITEM# 13 REPORT# 114 STAFF REPORT RICHFIELD CITY COUNCIL MEETING JUNE 11, 2013 REPORT PREPARED BY: JESSE SWENSON,HR COORDINATOR NAME,TITLE DEPARTMENT DIRECTOR REVIEW: . �, REVIEWED BY CITY • MANAGER: / �! ITEM FOR COUNCIL CONSIDERATION: Consideration of a resolution approving the contract with International Association of Firefighters Local 1215 for the contract period January 1, 2013 through December 31, 2013. I. RECOMMENDED ACTION: By Motion: Adopt the resolution approving the provisions of the 2013 labor agreement with the International Association of Firefighters Local 1215 bargaining unit and authorize the City Manager to execute the agreement. II. EXECUTIVE SUMMARY City staff has completed labor negotiations with the International Association of Firefighters Local 1215 (Union). This was the last of the five union contracts settled for the 2013 calendar year. The provisions of the one year contract cover all twenty-four employees represented in this unit. The tentative settlement provides a two percent wage adjustment, effective the first full pay period of January 2013. It also provides a $35 per month increase to the Employer health insurance contribution and a $5 per month increase to the Employer contribution for single dental insurance coverage. These are the same provisions negotiated with the other four unions, as well as provided to the City's non-union employees. 0611 Loca11215 Contract III. BASIS OF RECOMMENDATION A. BACKGROUND • Upon ratification of this contract, all of the City's five bargaining units, as well as General Services and Management employees, will have received a two percent wage adjustment effective the first full pay period of January 2013. • The tentatively approved one year contract settlement includes the following significant changes: Wages A two percent wage adjustment effective the first full pay period of January 2013. Health Insurance A $35 increase to the Employer health insurance contribution, which provides up to a maximum contribution of$691.50 per month for single Employee coverage, $950 per month for Employee plus spouse or Employee plus child(ren) coverage and $1,000 per month for Employee plus family coverage. A $5 increase to the Employer contribution for Employee single dental insurance coverage at $45 per month. B. POLICY • The City has met and negotiated in good faith with the Union and its representatives and is bound under the Public Employer's Labor Relations Act to meet and bargain over the terms and conditions of employment. • The proposed settlement for the health and dental provisions is identical to those provided to non-union City employees as well as to the other four unions. The City has a long history of providing the same level of insurance benefits to all eligible City employees. • The wage settlement and health insurance provision is well within the range for other comparable bargaining groups in similar metro cities. The vast majority of Logis groups passed the health insurance premium savings onto their employees. C. CRITICAL TIMING ISSUES • In order to allow the City's accounting personnel to modify payroll records in a timely manner for 2013 wages and benefits, it is recommended that the City Council act on June 11, 2013 to adopt the attached resolution providing for contract changes, effective January 1, 2013. D. FINANCIAL • Two percent wage increase effective the first full pay period of January 2013, for contract year 2013. • A maximum $35 increase in Employer monthly contribution towards health insurance coverage for 2013. • A $5 per month increase in Employer monthly contribution towards employee single dental insurance in 2013. E. LEGAL • If the terms of this agreement are not approved, further negotiation and/or mediation will be necessary. IV. ALTERNATIVE RECOMMENDATIONS) • Do not approve the terms of this agreement and prepare for further negotiation and/or mediation. • Defer discussion to another date. V. ATTACHMENTS • Resolution VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None. RESOLUTION NO. RESOLUTION APPROVING LABOR AGREEMENT BETWEEN THE CITY OF RICHFIELD AND THE INTERNATIONAL ASSOCIATION OF FIREFIGHTERS (IAFF), LOCAL 1215 BARGAINING UNIT FOR THE YEAR 2013 WHEREAS, the City Manager and the Richfield Firefighters IAFF Local 1215 have reached an understanding concerning conditions of employment for year 2013; and WHEREAS, it would be inappropriate to penalize IAFF Local 1215 members who have negotiated in good faith; and WHEREAS, the City Ordinance requires that contracts between the City and the exclusive representative of the employees in an appropriate bargaining unit shall be completed by Council resolution. NOW, THEREFORE, BE IT RESOLVED that the City Council does hereby approve the Labor Agreement between the City of Richfield and IAFF Local 1215 Bargaining Unit for year 2013 under the provisions of the Labor Agreement to be implemented, effective January 1, 2013, and authorize the City Manager to execute the contract. Adopted by the City Council of the City of Richfield, Minnesota this 11th day of June, 2013. Debbie Goettel Mayor ATTEST: Nancy Gibbs City Clerk AGENDA SECTION: OTHER BUS. AGENDA ITEM# 14 REPORT# 115 riga STAFF REPORT RICHFIELD CITY COUNCIL MEETING JUNE 11, 2013 REPORT PREPARED BY: C I illy L KRUMHOLZ, EXEC. COOR. 0 NAME/TLE REVIEWED BY CITY MANAGER: A /A.4_40A A 4 401 ITEM FOR COUNCIL CONSIDERATION: Consideration of appointment to a City advisory commission. I. RECOMMENDED ACTION: • By motion: Appoint person to fill the vacant term on the City advisory commission. II. EXECUTIVE SUMMARY In January 2013, the City Council made several appointments to the various City advisory commissions. However, there were some remaining vacancies following those appointments. The City Council continues to accept commission applications and interviews all applicants. One application was recently received and a Special City Council Meeting to conduct an interview was held on June 11, 2013. Consideration of approval of the appointment is scheduled for the June 11, 2013 Regular City Council Meeting. III. BASIS OF RECOMMENDATION A. BACKGROUND • In January 2013, the City Council made several appointments to the various City advisory commissions. • There were some remaining vacancies following those appointments. • The City Council continues to accept applications and interviews all applicants. 0611 commission • One application was recently received and a Special City Council Meeting to conduct an interview was held on June 11, 2013. B. POLICY • The City advisory commissions were established by City ordinance or resolution. Interviews of the applicants are conducted at a Special City Council meeting. The required meeting notice is posted in accordance with the open meeting law requirements. C. CRITICAL TIMING ISSUES • One applicant was interviewed at a Special City Council meeting on June 11, 2013. • D. LEGAL • The Special City Council Meeting was posted in accordance with the open meeting law requirements. E. ENVIRONMENTAL CONSIDERATIONS • N/A IV. ALTERNATIVE RECOMMENDATION(S) • Defer appointments to a later Council meeting. V. ATTACHMENTS • Commission vacancy list VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None. 9:42 AM 06/03/13 COMMISSION VACANCIES Term Expires ADVISORY BOARD OF HEALTH January 31, 2015 ARTS COMMISSION January 31, 2014 January 31, 2014 January 31, 2015 January 31, 2015 January 31, 2016 January 31, 2016 January 31, 2016 t FRIENDSHIP CITY COMMISSION — January 31, 2014 January 31, 2014 January 31, 2015 January 31, 2015 January 31, 2015 January 31, 2016 Vacancies2011