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080911completeagenda CITY OF RICHFIELD, MINNESOTA TUESDAY, AUGUST 9, 2011 REGULAR CITY COUNCIL MEETING RICHFIELD MUNICIPAL CENTER COUNCIL CHAMBERS 6700 PORTLAND AVENUE 7:00 P.M. AGENDA INTRODUCTORY PROCEEDINGS Call to order Roll call Open forum (15 minutes maximum) Each speaker is to keep their comment period to three minutes to allow sufficient time for others. Comments are to be an opportunity to address the Council on items not on the agenda. Individuals who wish to address the Council must have registered prior to the meeting. Notes: Pledge of Allegiance Approval of minutes of (1) Special City Council Worksession of July 26, 2011 and (2) Regular City Council Meeting of July 26, 2011 PRESENTATIONS 1. Presentation of 2011 Landscape Good Neighbor Award Winners (Council Memo No. 91) 2. Annual meeting with Charter Commission COUNCIL DISCUSSION 3. Council discussion • Hats Off to Hometown Hits Notes: AGENDA APPROVAL 4. Council approval of agenda CONSENT CALENDAR 5. Consent Calendar contains several separate items, which are acted upon by the City Council in one motion. Once the Consent Calendar has been approved, the individual items and recommended actions have also been approved. No further Council action 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 first reading of ordinance amending City's Zoning ordinance increasing permissions for horticulture/community gardens, animal kennels, and tattoo shops in certain areas, reduce commercial setbacks in certain areas and remove contradictory minimum lot area requirements from multi-family districts S.R. No. 159 B. Consideration of approval of resolution calling for public hearing on September 13, 2011 regarding proposed modification to redevelopment plan for Richfield Redevelopment Project Area and proposed adoption of amended and restated tax increment financing plan for 2010-1 Housing Tax Increment Financing District; Woodlake Housing S.R. No. 160 C.Consideration of approval of resolution calling for public hearing on September 13, 2011 regarding multifamily rental housing development and giving preliminary approval to issuance of revenue bonds; Woodlake Richfield Apartments, LLC S.R. No. 161 D.Consideration of approval of memorandum of understanding between Minnehaha Creek Watershed District and City of Richfield for purposes of advancing Legion/Taft Lake Improvement Project S.R. No. 162 E. Consideration of approval of Richfield Municipal Center change order report for aggregate net effect of$16,354.46 in items included within project budget S.R. No. 163 F. Consideration of approval of agreement with 7700 Nicollet, LLC relating to maintenance of sump manholes at 7700 Nicollet Avenue S.R. No. 164 G.Consideration of approval of temporary food and temporary on-sale liquor licenses for Church of St. Peter's Pig Roast on August 20, 2011 S.R .No. 165 H.Consideration of approval of resolution accepting monetary contributions for Public Safety/Police events and programs S.R. No. 166 Notes: 6. Consideration of items, if any, removed from Consent Calendar Notes: PUBLIC HEARINGS 7. Public hearing regarding resolution adopting special assessment roll for removal of diseased trees from private property for work ordered in 2010 Staff Report No. 167 Notes: 8. Public hearing regarding resolution adopting special assessment rolls for 2010 maintenance services and resolution ordering current 2012 maintenance services; 77th Street maintenance district Staff Report No. 168 Notes: 9. Public hearing regarding resolution adopting special assessment rolls for 2010 maintenance services and resolution ordering current 2012 maintenance services; Lyndale/HUB/Nicollet maintenance district Staff Report No. 169 Notes: 10. Public hearing regarding resolution adopting street reconstruction plan and authorizing issuance of street reconstruction bonds for reconstruction of 76th Street East from 12th Avenue to Cedar Avenue Staff Report No. 170 Notes: 11. Public hearing regarding resolution approving final development plan and conditional use permit for planned unit development to include fitness facility, retail building and future restaurant and outdoor patio at 6501 Lyndale Avenue and adjacent HRA land Staff Report No. 171 Notes: 12. Public hearing regarding resolution vacating pedestrian, storm sewer and sanitary sewer easements at 6501 Lyndale Avenue Staff Report No. 172 Notes: 13. Public hearing regarding resolution adopting modification to redevelopment plan for Richfield Redevelopment Project area, establishing Lyndale Garden Tax Increment Financing District therein and adopting tax increment financing plan therefore Staff Report No. 173 Notes: 14. Public hearing regarding resolution approving Spending Plan for certain tax increment financing districts located within Richfield Redevelopment Project Area Staff Report No. 174 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. richfield: August 2011 Page 1 of 1 City of Richfield Calendar Calendars Net Navigate: 2010 Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec 2012 August 2011 Monday- 'Fuesday Wednesday - Thursday Friday 1 I Aug 2 3 4 5 6:30p-Public Meeting, 11:30a Richfield Tourism 7:00p Transportation 7:00p Arts Commission Reconstruction 76th Promotion Board COmmission @ 6335 Portland Ave Street 5:45p-9:15p Night to Unite 2011 6:30p Human Rights Commission 8 9 10 11 12 5:30 PM Special 7:OOp City Council Planning Commission Regular Meeting Meeting(annual bike tour, start at Lyndale Garden Center)Also posted as Special City Council/HRA Meeting- possible quorum 15 16 17 18 19 6 PM Special HRA 7:OOp Community 7:OOp Friendship City Worksession Services Commission @ Commission 7000 Nicollet Ave 7 PM Regular HRA Meeting 22 23 `24 25 26 5:30p Human Services 7 PM Regular City SATURDAY,AUGUST Planning Council Council Meeting 27 9:30 a.m. -10:30 7:OOp Planning CANCELED a.m. Mayor's Hour @ Commission Farmers'Market 29 30 31 1 I Sep 2 7:OOp Arts Commission @ 7000 Nicollet Ave Display: Year Month Week Day Block List Condensed Abs Slide Calendars: Search Add Events: Daily Duration Periodic Administer: This Calendar All meetings held at City Hall (6700 Portland Avenue) unless indicated otherwise Calendars Net free online interactive web calendars http://www.my.calendars.net/richfield 8/4/2011 C m cn CITY COUNCIL MINUTES RICHFIELD Richfield, Minnesota Special Worksession July 26 2011 CALL TO ORDER The meeting was called to order by Mayor Goettel at 5:30 p.m. ROLL CALL Council Members Debbie Goettel, Mayor; Fred Wroge; Sue Sandahl (arrived 5:35 p.m.); Pat Present: Elliott; and Tom Fitzhenry. Staff Present: Pam Dmytrenko, Acting City Manager; Mike Eastling, Public Works Director; Jim Topitzhofer, Recreation Services Director; Mark Hall, Fleet/Park Maintenance Supervisor; Corrine Heine, City Attorney; and Cheryl Krumholz, Recording Secretary. Item # I DISCUSSION REGARDING ORGANIZED GARBAGE COLLECTION Mayor Goettel invited Richfield haulers to address the City Council. Bob Elliott, Aspen Waste Systems, Inc., favored the current collection to remain the same because it provides a chance for a company to grow and prices to be competitive. He added school buses and delivery trucks also impact the condition of streets. Mark Stoltman, Randy's Environmental Services, opposed government managed collection and would rather partner with the City to meet needs. He said larger companies have bigger pockets than independents but may not provide better services. He added the environment does road damage, not trucks. Darrell Hoekstra, Waste Management, stated their corporate position is neutral. The Request for Proposal could address some of the City's concerns and haulers by participating in the process. Gregory Burt, Burt's Disposal, opposed organized collection because there should be a freedom to choose the hauler and could result in some loss of employment. He suggested restricting the number of licenses issued by the City if legally possible. Council Member Wroge asked the company representatives if they negotiate prices with their customers. They all responded yes. Special Worksession Minutes -2- July 26, 2011 Mayor Goettel discussed sustainability, carbon footprint, developing a way to limit the number of pick ups and increasing recycling. Council Member Fitzhenry discussed dividing the City into sections and having haulers bid per area. Council Member Elliott said money does not drive most people in the community and suggested waiting for the outcome at Maplewood. Council Member Sandahl stated she has mixed feelings on this issue. She suggested additional information as it becomes available be received on road and environmental impact studies, business impacts and cost recovery and waiting for the outcome at Maplewood. Mayor Goettel suggested organized hauling could be a way to have a "Push-to-the-Curb Day" in Richfield which she believes residents really want. Council Member Fitzhenry agreed to waiting for the outcome at Maplewood. City Attorney Heine explained the State Statute requirements for restricting the number of licenses issued by the City, which is a form of organized collection. Council Member Wroge stated two years ago he originally favored organized collection but has since changed his mind because there should be the freedom to choose and he did not want the City to handle the administration of the service. The City Council consensus was to direct staff to gather additional information as it becomes Maplewood and report back to the City Council, and explore the "Push- to-the-Curb monitor this issue in Map p y p to-the-Curb Day." Item # 2 DISCUSSION REGARDING SIDEWALK SNOWPLOWING Public Works Director Eastling reviewed the current City sidewalk snowplowing policy and practices, policies and practices from other cities and possible changes to Richfield's. Council Member Wroge stated the sidewalk snowplow does not clean down to the cement and that residents could shovel sooner and do a better job. Mayor Goettel suggested not shifting the snow removal to residents until better sidewalks are in place. The City Council consensus was to not change the current sidewalk snow plowing policy and practices and if residents request and City Council approves additional sidewalks in the City, snowplowing of these sidewalks will be addressed. Item # 3 DISCUSSION REGARDING HONORING ALL VETERANS MEMORIAL Recreation Services Director Topitzhofer reviewed the Honoring All Veterans Memorial design drawings and cost estimate for the remaining work on the monument. The Memorial Board requested the City Council consider providing funds for the remaining work in the form of a loan to be paid back from future engraving proceeds. Special Worksession Minutes -3- July 26, 2011 Recreation Services Director Topitzhofer reviewed two cost estimate options— partial completion with a four to five year payback timeframe and full completion with a longer payback period. Council Member Sandahl expressed preference for a full completion because payback would be sooner if it were done. Council Member Wroge expressed concern regarding maintenance and how the project has grown since the original plan. He suggested completing the original design plan first and then expanding because it may be more difficult to obtain proceeds in the future. The City Council consensus was to have more discussion at a future meeting and include more landscaping options. ADJOURNMENT The meeting was adjourned by unanimous consent at 6:56 p.m. Date Approved: August 9, 2011 Debbie Goettel Mayor Cheryl Krumholz Steven L. Devich Recording Secretary City Manager CITY COUNCIL MEETING MINUTES RICHFIELD Richfield, Minnesota Regular Meeting July 26, 2011 CALL TO ORDER The meeting was called to order by Mayor Goettel at 7:00 p.m. ROLL CALL Members Present: Debbie Goettel, Mayor; Sue Sandahl; Fred Wroge; Pat Elliott; and Tom Fitzhenry. Staff Present: Steven L. Devich, City Manager; Mike Eastling, Public Works Director; Karen Barton, Acting Community Development Director; Barry Fritz, Public Safety Director/Chief; Jim Topitzhofer, Recreation Services Director; Chris Regis, Finance Manager; Melissa Poehlman, City Planner; Corrine Heine, City Attorney; and Cheryl Krumholz, Recording Secretary. OPEN FORUM None. PRESENTATION OF COLORS AND PLEDGE OF ALLEGIANCE Mayor Goettel led the audience in the Pledge of Allegiance. APPROVAL OF MINUTES M/Wroge, S/Elliott to approve the minutes of (1) Special City Council Worksession of July 12, 2011; and (2) Regular City Council Meeting of July 12, 2011. Motion carried 5-0. July Council Meeting Minutes -2- Ju y 26 2011 Item #1 COUNCIL DISCUSSION • HATS OFF TO HOMETOWN HITS Council Member Sandahl announced Night to Unite is August 2, 2011. Mayor Goettel announced the Richfield South Education Center Alternative School won the National Co ok-Off Competition as part of First Lady Obama's healthy recipe competition. Council Member Wroge stated he was unable to attend the November National League of Cities conference as originally approved. Mayor Goettel requested Council Member Elliott and Council Member Fitzhenry, since they have not attended conferences previously, check their availability to attend the National League of Cities conference and get back to her. Public Works Director Eastling reviewed the timeline of the Metropolitan Council metro sewer project. Item #2 COUNCIL APPROVAL OF AGENDA M/Fitzhenry, S/Wroge to approve the agenda. Motion carried 5-0. Item #3 CONSENT CALENDAR A. Consideration of approval of resolution authorizing submittal of funding application for Federal Transportation Enhancement funds for 63rd Street Greenway S.R. No. 151 RESOLUTION NO. 10534 RESOLUTION AUTHORIZING SUBMISSION OF A GRANT APPLICATION FOR THE 63RD STREET GREENWAY PROJECT FOR FEDERAL TRANSPORTATION ENHANCEMENT PROGRAM FUNDS This resolution appears as Resolution No. 10534. B. Consideration of approval of resolution authorizing acceptance of grants and donations received by Richfield Recreation Services and Public Works Departments S.R. No. 152 RESOLUTION NO. 10535 RESOLUTION AUTHORIZING ACCEPTANCE OF ALL GRANTS AND DONATIONS RECEIVED BY THE CITY OF RICHFIELD AND TO AUTHORIZE THE CITY TO ADMINISTER THE FUNDS IN ACCORDANCE WITH GRANT AGREEMENTS AND TERMS PRESCRIBED BY DONORS This resolution appears as Resolution No. 10535. Council Meeting Minutes -3- July 26,2011 C. Consideration of approval of resolution establishing special revenue funds to conform to Governmental Accounting Standards Board Statement#54 S.R. No. 153 RESOLUTION NO. 10536 RESOLUTION AUTHORIZING THE COMMITTEE OF SPECIFIC REVENUE SOURCES IN SPECIAL REVENUE FUNDS This resolution appears as Resolution No. 10536. D. Consideration of approval of 2011 agreement with City of Bloomington for provision of food inspection services for City of Richfield S.R. No. 154 E. Consideration of approval of resolution authorizing Richfield Department of Public Safety acceptance of grant funds from U.S. Department of Justice, Office of Justice Programs, Justice Assistance Grant (JAG) Program S.R. No. 155 RESOLUTION NO. 10537 RESOLUTION AUTHORIZING THE DEPARTMENT OF PUBLIC SAFETY/POLICE TO ACCEPT THE EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT (JAG) FOR $13,200 FROM THE OFFICE OF JUSTICE PROGRAMS TO BE USED FOR SELECTED TRAFFIC AND NARCOTIC ENFORCEMENT, SPECALIZED TRAINING FOR POLICE PERSONNEL, AND CRIME PREVENTION AND JCPP (JOINT COMMUNITY POLICE PARTNERSHIPS) PROGRAMS This resolution appears as Resolution No. 10537. F. Consideration of approval of public dance and temporary food licenses for Richfield- Bloomington Credit Union Membership Appreciation Day on July 30, 2011 S.R. No. 156 M/Goettel, S/Wroge to approve the Consent Calendar. Motion carried 5-0. Item #4 CONSIDERATION OF ITEMS, IF ANY, REMOVED FROM CONSENT CALENDAR None. Item #5 CONSIDERATION OF SECOND READING OF ORDINANCE AMENDING SECTION 547 (ADMINISTRATION) OF ZONING CODE; SPECIFICALLY APPLICATION PROCESS, REQUIREMENTS AND TERMS OF CONDITIONAL USE PERMITS, VARIANCES, SITE PLAN APPROVAL AND INTERIM USE PERMITS AND AMENDING REGULATIONS RELATED TO REQUIREMENT FOR DRIVEWAY PERMIT AND RESOLUTION AUTHORIZING SUMMARY PUBLICATION OF ORDINANCE (STAFF REPORT NO. 157) Council Member Fitzhenry presented Staff Report No. 157. Council Meeting Minutes -4- July 26,2011 City Planner Poehlman explained the interim use permit clarification. M/Fitzhenry, S/Sandahl that this constitute second reading of Bill No. 2011-17 amending Section 547 (Administration) of Zoning Code; specifically application process, requirements and terms of conditional use permits, variances, site plan approval and interim use permits and amending regulations related to requirement for driveway permit and resolution authorizing summary publication of ordinance: RESOLUTION NO. 10538 RESOLUTION APPROVING SUMMARY PUBLICATION OF AN ORDINANCE AMENDING SUBSECTIONS 507.07, SUBDIVISION 129; 547.07, SUBDIVISION 3; 547.09, SUBDIVISIONS 4, 9 AND 11; 547.11, SUBDIVISIONS 1, 3, 4, 9, AND 12; 547.13, SUBDIVISIONS 1 THROUGH 4 AND 11; AND 547.15, SUBDIVISIONS 2, 3 AND 5 RELATED TO THE ADMINISTRATION OF ZONING PERMITS; AND SUBSECTION 514.05, SUBDIVISION 6; SUBSECTION 518.05, SUBDIVISION 6; AND SUBSECTION 522.05, SUBDIVISION 6 RELATED TO DRIVEWAY PERMITS Motion carried 5-0. This resolution appears as Resolution No. 10538. Item #6 CONSIDERATION OF SECOND READING OF ORDINANCE RELATING TO STORAGE OF GARBAGE, REFUSE AND RECYCLABLES CONTAINERS; AMENDING SUBSECTION 601.25 OF RICHFIELD CITY CODE TO REQUIRE SCREENING (STAFF REPORT NO. 158) Council Member Wroge presented Staff Report No. 158. M/Fitzhenry, S/Sandahl that this constitute second reading of Bill No. 2011-18 relating to storage of garbage, refuse and recyclables containers; amending Subsection 601.25 of Richfield City Code to require screening. Public Safety Director/Chief Fritz displayed visual examples of acceptable and unacceptable screening based upon the proposed ordinance. Mayor Goettel also displayed examples of unacceptable garbage containers which also included additional property maintenance violations. She suggested community volunteers assist in gathering addresses with property maintenance violations and provide the list to City staff for processing. Council Member Wroge stated the proposed ordinance will result in Richfield having a better image without excessive expense to the residents. Council Member Elliott expressed concern regarding the application of the ordinance due to small lot sizes and residents with disabilities. He suggested tabling the decision to allow time for these considerations and that he could not vote for the proposed ordinance as it currently reads. Council Member Fitzhenry stated screening is a solution to not moving containers to the rear of the house. Building a structure is not a mandate but rather the ordinance provides for hiding the container from street view. Council Member Sandahl stated to require screening will impact many residents, not permit screening in front of the house, and greenery that is acceptable in the summer may not be in the Council Meeting Minutes -5- July 26,2011 winter. She said she understood the purpose of the ordinance but if it passes, suggested extending the time to do the screening. She said she did not support the ordinance as it stands right now. Mayor Goettel stated something needs to be done regarding the storage of containers and said she would entertain suggestions to make a more pleasant visual from the street. City Attorney Heine suggested changes to the ordinance regarding the location of the containers. John Kelly, 6815 3rd Avenue, spoke in opposition to the ordinance and requested the Property Excellence Task Force study that indicates this mandate will improve the value of homes. He expressed concerns about creating hardships in the winter. Ken Severson, 7316 Lyndale Avenue, agreed with the goal of the ordinance but that it will not achieve the goal because screening of containers does not affect litter nor does he consider them visual clutter. He suggested options on improving properties, such as garbage container screening, be provided and promoted at public events, not through an ordinance. Council Member Fitzhenry responded the ordinance is not intended as a burden but to improve the visual appeal of neighborhoods, and agreed with educating the public. He said he would not support the ordinance as it stands now. Motion denied 1-4. (Goettel, Sandahl, Fitzhenry, Elliott opposed.) The City Council consensus was to encourage volunteers to report property maintenance violations to City staff. Item #7 CITY MANAGER'S REPORT City Manager Devich reported the Nicollet Avenue bridge over 1-494 closes on August 1, 2011 for reconstruction work. Item #8 CLAIMS AND PAYROLLS M/Sandahl, S/Fitzhenry that the following claims and payrolls be approved: U.S. Bank 7/26/2011 NP Checks: 205298-205703 $ 1,756,674.10 Payroll: 76784-77150 $ 582,029.01 TOTAL $ 2,338,703.11 Motion carried 5-0. OPEN FORUM None. Council Meeting Minutes -6- July 26,2011 ADJOURNMENT The City Council meeting was adjourned by unanimous consent at 8:12 p.m. Date Approved: August 9, 2011 Debbie Goettel Mayor Cheryl Krumholz Steven L. Devich Recording Secretary City Manager n 0 cn z m z AGENDA SECTION: CONSENT AGENDA ITEM# 5A REPORT# 159 Nwidi STAFF REPORT RICHFIELD CITY COUNCIL MEETING AUGUST 9, 2011 REPORT PREPARED BY: MELISSA POEHLMAN, CITY PLANNER got ITLE ACTING DEPARTMENT +�► ' _ ' ,i� DIRECTOR REVIEW: _ :.: r� �� W - REVIEWED BY CITY AMP' ,.442 MANAGER: `Y �� ITEM FOR COUNCIL CONSIDERATION: Conduct a first reading of an ordinance amending the City's Zoning Ordinance. The proposed ordinance will increase permissions for horticulture/community gardens, animal kennels, and tattoo shops in certain areas; reduce commercial setbacks in certain areas and remove contradictory minimum lot area requirements from multi-family districts. I. RECOMMENDED ACTION: By Motion: Approve a first reading of an ordinance amending Subsections 512.03; 512.07; 512.09; 525.11, Subdivision 1; 527.11, Subdivision 1 ; 532.11, Subdivisions 1 and 2; 534.11, Subdivisions 1 and 2; 537.03, Subdivision 1; 544.13, Subdivision 5 and by adding new Subsection 534.07, Subdivision 24 and Subsection 537.05, Subdivision 11 related to horticulture, animal kennels, minimum lot areas, setbacks and tattoo shops. II. BACKGROUND City staff continually monitors and notes areas of the Zoning Code that may require review. This review may be the result of changes in State Law or its interpretation, changes in social norms, new technology and direct experience with a particular regulation. Further, the Zoning Code is the implementation tool that helps the City bring to life its vision for the future as demonstrated by the Comprehensive Plan and other redevelopment/revitalization plans. 080911 - 1st Reading - Ord Amend: MF, Kennels, Tattoo, Gardens, Setbacks Horticulture/Community Gardens Horticulture is currently permitted only when the land in question cannot be put to any other use. The proposed change will allow horticulture or community gardens as an accessory to an established institutional use (e.g. school, church, park), provided that the area is maintained in a clean and sanitary manner. Animal Kennels The proposed change expands the area in which animal kennels are allowed (Mixed Use Districts provided that soundproofing is installed) and conditionally permits outdoor relief areas provided that a number of conditions related to location, screening, supervision and maintenance are met. Tattoo Shops Adult businesses are currently permitted in the Mixed Use — Community and Mixed Use — Regional Districts, however the ordinance is silent on the issue of tattoo shops in these districts. The proposed ordinance will permit tattoo shops in these districts. Multi-Family Residential Districts The City's Comprehensive Plan dictates residential densities throughout the City. Currently there are also dimensional zoning requirements that prescribe densities (minimum lot area per unit) in the multi-family residential districts and these two prescriptions are often in conflict. The proposed change will remove minimum lot area per unit requirements from the Zoning Code and allow the Comprehensive Plan to guide densities (as is required by the Metropolitan Council). Commercial Setbacks • The proposed ordinance will reduce commercial setbacks adjacent to single- and two-family dwellings to equal that of parking lots. In the Neighborhood Business (C-1) District, this will reduce rear and side principal building setbacks from 15 feet to 10 feet. In the General Commercial (C-2) District, this will reduce rear and side principal building setbacks from 20 feet to 15 feet. The side setback for accessory buildings in both districts will be reduced to 8 feet. • A number of area studies conducted for the City recently (e.g. Penn Avenue Plan, 66th Street Corridor Plan) have called for buildings to be pulled up closer to the street in order to create a more pedestrian-friendly environment. Current zoning regulations do not allow for this and thus such developments would either have to be handled as Planned Unit Developments (if the site is one acre or larger) or request variances (unlikely to be granted based on criteria). The proposed ordinance change will allow front setbacks along arterial roads to be reduced to five feet, so long as a customer entrance is provided along that wall of the building. The proposed ordinance also introduces a maximum front setback along arterial roads (40 feet or the average front setback on abutting lots, not to exceed 60 feet). III. BASIS OF RECOMMENDATION A. POLICY • Ongoing review and periodic updating of the Code is necessary to ensure that regulations are serving their intended purposes. • The Zoning Code is the manner by which the City implements its Comprehensive Plan and other redevelopment/revitalization plans. B. CRITICAL TIMING ISSUES • None C. FINANCIAL • None D. LEGAL • A public hearing was held before the Planning Commission on July 25, 2011. • Notice of the public hearing was published in the Sun Current in accordance with State and Local requirements. • The Planning Commission considered the proposed items at a study session in May and recommended approval of the attached ordinance (8-0). • A second reading is scheduled for September 13, 2011. • If approved, the proposed changes become effective 30 days following publication in the Sun Current Newspaper. E. ENVIRONMENTAL CONSIDERATIONS • None IV. ALTERNATIVE RECOMMENDATION(S) • Approve a first reading of the attached ordinance with revisions. • Deny a first reading of the attached ordinance. V. ATTACHMENTS • Ordinance VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None sP -t BILL NO. AMENDMENT TO RICHFIELD CITY CODE RELATED TO ZONING AMENDING SUBSECTIONS 512.03; 512.07; 512.09; 525.11, SUBDIVISION 1; 527.11, SUBDIVISION 1; 532.11, SUBDIVISIONS 1 AND 2; 534.11, SUBDIVISIONS 1 AND 2; 537.03, SUBDIVISION 1; 544.13, SUBDIVISION 5 AND BY ADDING NEW SUBSECTION 534.07, SUBDIVISION 24 AND SUBSECTION 537.05, SUBDIVISION 11 RELATED TO HORTICULTURE, ANIMAL KENNELS, MINIMUM LOT AREAS, SETBACKS AND TATTOO SHOPS THE CITY OF RICHFIELD DOES ORDAIN: Section 1 Subsection 512.03 of the Richfield City Code is amended to read as follows: 512.03. Permitted uses in all districts. Except when otherwise noted, the following uses shall be construed to be permitted in all zoning districts within the City. a) Public streets and highways; b) Underground public utilities; c) Parks and related recreational facilities owned by a governmental unit; d) Solar equipment as an accessory use; and e) Horticulture = - • - - - - -- e . * 0 - ' - - , - - - -- - _ _ __ - _ _ . -_ _ -- _ . / community gardens as an accessory to an established institutional use (school, church, park), provided that plants and related materials are maintained in a clean and orderly manner and that waste is disposed of appropriately. Section 5 Subsection 512.07 of the Richfield City Code is amended to read as follows: 512.07. Permitted, Conditional, Accessory and Prohibited Uses in Commercial Districts. The following table summarizes which land uses are classified as permitted, accessory, conditional or prohibited in the Commercial Districts. Refer to Sections 529 through 534 for complete regulations. P: Permitted A: Accessory C: Conditional N: Null Null or not Permitted Land Use S-0 1 C-1 I C-2 1 Adult businesses NN ' P I Animal kennels N I N Apartments within a A I A/C , C commercial building , N f 1 Assembly, light N A manufacturing, warehouse Auction houses N 1 N P Auto mechanical / body N 1 N C repair I Auto detailing N N C Auto or boat sales N 1 N C Auto stereo installation N ' N 1 P service 1 I Auto washes ININ IC . Barber or beauty shops I P/C I P/C 1 P/C _ Bicycle stores 1 N i P/C 1 P/C Bicycle repair shops . P/C 1 P/C P/C Bowling alleys ININ1F' Carpet or paint stores I N i P/C I P/C Cemeteries NiNiC Convenience store NIPIP Dance or physical culture P P P studios Day care facilities C t IP1F' Drug stores without drive-up N 1 P/C i P/C facility 1 Drug stores with drive-up , N 1N C window NI Emergency shelter 1 N C Enclosed storage IAIA A Fences, walls and hedges A I A A Financial institutions without 1 N 1 N 1 P drive-up service i ! Financial institutions with N N C drive-up service 1 1 Firearms related uses ININ1C Fortune telling t ININF' Funeral homes, mortuaries L N 1 N j C Furniture or appliance stores N 1 P/C 1 P/C Governmental buildings P I P 1 F' Grocery stores N P/C I P/C SA Land Use S-0 T1 C-1 I C-2 ' Hospital or 24-hour urgent P/C 1 P/C I P/C : I care : 1 Hotel or motel (6 or more NINIC units) Junk yard NIN 1 N 1 Libraries, public PIP 1 P Liquor store, municipal NIN 1 P - Nursing home P I P N Office, single-tenant— P/C I P/C P/C professional, executive or 1 business Office, multi-tenant— P/C P/C P/C professional, executive, or business : Outdoor merchandising or N N I N storage (except as allowed by Section 1135 of the City Code) Parking A A A Pawn shops & second hand , N N C goods dealers licensed under Section 1186 or 1187 I : of the City Code Public utility, minor 1 A A Pk Public utility, major I C C C Religious institutions ' N N P 1 Restaurant, take-out only N C P (Class IV) Restaurant, fast food / N N C convenience food (Class III) or any restaurant with drive- 1 I up service : Restaurant, traditional or N C C cafeteria (Class II) Restaurant, full service 1 N N C 1 (Class I) Retail, general (single or 1 N : P/C I P/C I multi-tenant) 1 Schools, public or private 1NINIP Service station 1 NINICI Service station / convenience 1 N I N 1 C I i store i 1 ! , i Service or non-auto repair I P/C I P/C I P/C shop i 1 I 93c—4 Land Use I S-0 I C-1 I C-2 ! Tattoo shops ININ IC Taxi or limousine service 1 NiN P Theater, movie or live 1 N 1 N 1 C 1 entertainment : I Veterinary clinic ININ Section 6 Subsection 512.09 of the Richfield City Code is amended to read as follows: 512.09. Permitted, Conditional, Accessory and Prohibited Uses in Mixed-Use Districts. The following table summarizes which land uses are classified as permitted, accessory, conditional or prohibited in the Mixed-Use Districts. Refer to Section 537 for complete regulations. P: Permitted A: Accessory C: Conditional N: Null or not Permitted I Land Use MU- I MU- I MU-R N I C 1 : Residential Town home development PINI N I Multi-family dwellings (min. 3 1 P P 1 P units) I (but : see 537.07 Subd. : i : , : : : 2a) ' Live-work units P I P N Assisted living facilities, P 1 P N nursing, rest homes I Other Adult businesses N 1 P 1 P Animal kennels C I C C 1 Assembly & manufacturing N 1 A A accessory and subordinate to retail use Auto mechanical / body N C C repair Auto detailing N I C C Auto rental facilities as an NIA ; A accessory to primary office 1 I 1 6A- S Land Use I MU- I MU- I MU-R 1 1 I ' N ' C I i I 1 or hotel use 1 I Auto sales N N I C Clinics A P I P i Convenience store P P I P Day care facilities P P P Drive-up window or teller N C I C service Firearms related uses N N I C Funeral homes, mortuaries N P I N Governmental buildings A P I A Health or athletic clubs, N P I P spas, yoga studios Hotel or motel (6 or more I N P I P units) , , 1 Hospitals ININI P Libraries, public P i IP : N Offices AIPI P Parking A Police sub-station P P i P Public utilities A A I A Recreational facilities, non- P P I P commercial, principal use Religious institutions P P I A Restaurant, take-out only P P 1 P (Class IV) Restaurant, fast food / N I C C convenience food (Class III) Restaurant, traditional or P 1 P P cafeteria (Class II) i Restaurant, full service N I C P (Class I) I Retail, neighborhood P 1 P P services Retail, general services C I P P Retail, regional services INICI P Schools, public or private IPIPI C 1 Service station I N P 1 P Service station / convenience 1 N P I P store Tattoo shops I N_ _ P _ _ Theaters, movie or live 1 N N 1 P entertainment A I A Transit facilities 1 A 1 -(0 Section X Section 525.11 of the Richfield City Code is amended to read as follows: 525.11. Dimensional and parking regulations for multi-family structures lexcluding cluster home developments). Subdivision 1. The standards set out in this subsection apply in the MR-2 District. Minimum 15,000 sq. ft. lot size Minimum ,-" - -- - -- e- , _- - -- - - - let-a-rea -- - -- - - - -" - -- - -- - .- - - e-- - - -. - --- -- . ' - -- - - - . - ' e-- - -- - - --- -.. square feet to the minimum lot area per dwelling unit. Minimum 75 feet lot width Minimum a) Efficiency—400 square feet per unit. floor area b) One-bedroom - 550 square feet per unit. c) Two-bedroom - 750 square feet per unit. d) More than two bedrooms - add 150 square feet per bedroom to that required for a two bedroom dwelling unit. Maximum 35 feet building height Maximum 30 % lot coverage (principal structure) Outdoor a) Two or fewer bedrooms: open space 325 square feet minimum per dwelling unit. requirements b) Three or more bedrooms: 425 square feet minimum per dwelling unit. c) Balconies and porches with at least 70 square feet and seven feet in width which are directly accessible by individual dwelling units may be counted as contributing 175 square feet to the outdoor open space requirements listed above. Minimum a) Front: 30 feet. Setbacks b) Side i) Interior: the height of building or 20 feet, whichever is greater. ii) Street: 30 feet c) Rear: the height of building or 25 feet, whichever is greater 5P - 7 Section X Subsection 527.11 of the Richfield City Code is amended to read as follows: 527.11. Dimensional and parking regulations for multiple-family structures. Subdivision 1. The standards set out in this subsection apply in the MR-3 District. Minimum 60,000 sq. ft. lot size Minimum ..e _ __ - -- _let-area a) For each parking stall under the multi family structure or the minimum lot area per dwelling unit, but the total number units. add 500 squarc feet to the minimum lot area per dwelling unit. Minimum 150 feet lot width Minimum a) Efficiency - 400 square feet per unit. floor area b) One-bedroom - 550 square feet per unit. c) Two-bedroom - 750 square feet per unit. d) More than two bedrooms - add 150 square feet per bedroom to that required for a two bedroom dwelling unit. Maximum 50 feet building height Maximum 30 % lot coverage (principal structure) Outdoor a) Two or fewer bedrooms: open space 300 square feet minimum per dwelling unit. requirement b) Three or more bedrooms: s 400 square feet minimum per dwelling unit. c) Balconies and porches with at least 70 square feet and seven feet in width which are directly accessible by individual dwelling units may be counted as contributing 150 square feet to the outdoor open space requirements listed above. Minimum a) Front: 40 feet. setbacks b) Side i) Interior: the height of building or 30 feet, whichever is greater. ii) Street: 40 feet 5Pc —s c) Rear: The height of building or 35 feet, whichever is greater Section X Subsection 532.11 of the Richfield City Code is amended to read as follows: 532.11. Dimensional requirements. Subdivision 1. The following dimensional requirements apply to the C-1 district. All dimensions are in feet unless otherwise indicated. Minimum lot width Interior lot: 60 Corner lot: 75 Minimum lot area 8,000 square feet Maximum impervious 80 percent surface coverage Setbacks— building Principal building Accessory building Front (see also Subd. 2) 30 30 Adiacent to arterial See Subdivision 2 roads Rear(see also Subd. 4) Adjacent to R, R-1 or 1-510 8 MR-1 District Adjacent to non-R, R-1 5 5 or MR-1 District Street/corner side (but 20 20 see Subd. 3 &4) Interior side (see also Subd. 4) Adjacent to R, R-1 or 1-510 MR-1 District Adjacent to non-R, R-1 5 5 or MR-1 District Maximum building height 30 15 Story limitations 2 stories 1 story Setbacks— parking (measured from the property line) Front (but see Subd. 1 8 Side/corner side (but I 8 see Subd 5) Interior side Adjacent to R, R-1 or 1 10 MR-1 District r Adjacent to non-R, R-1 5 or MR-1 District sp -zi Section X Subsection 532.11, Subdivision 2 of the Richfield City Code is amended to read as follows: Subd. 2. Front setback reductions and maximums. a) The front setback requirement for a principal building on a lot may be reduced to no less than the average front setback of the existing principal building(s) abutting such lot, to a minimum of 25 feet, except when adjacent to a single-family house. b) The front setback requirement for a principal building on a lot located along an arterial road may be reduced to five (5) feet when a customer entrance is provided along that wall of the building. c) The maximum front setback for a principal building on a lot located along an arterial road is 40 feet or the average front setback of the existing principal building(s) abutting such lot, whichever is greater. In no case shall the front setback for a principal building exceed 60 feet. Section x Subsection 534.07 of the Richfield City Code is amended by adding new Subdivision 24 to read as follows: Subd. 24. Accessory outdoor animal relief area to animal kennel, provided the following conditions are met: a) The outdoor relief area shall not be located in the front yard; b) The outdoor relief must meet setback requirements; c) The outdoor relief area shall be screened from view of neighboring properties as approved by the City; d) The outdoor relief area shall be for the use of dogs only; e) No dogs shall remain unattended in the outdoor relief area; f) The outdoor relief area shall not be used as an outdoor kennel, animal run, animal play area or any other use not specifically identified in the conditional use permit; g) The outdoor relief area shall be maintained in a clean and sanitary condition at all times; h) Solid waste material shall be removed a minimum of once per day and disposed of in a sanitary manner; and i) If required by the Public Works Department, a filtration bed shall be constructed to ensure that liquid waste will not enter into the ground or the City's storm water system. Section X Subsection 534.11 of the Richfield City Code is amended to read as follows: 534.11. Dimensional requirements. Subdivision 1. The following dimensional requirements apply to the C-2 District. All dimensions are in feet unless otherwise indicated. ...................................................................................................................................................................................................................................................:...........................................................................................................: Minimum lot width I Interior lot: 75 I Corner lot: 90 I....Minimum lot area.........................................................................................................9,000 square feet........................................................ _ Maximum impervious 85 percent surface coverage Setbacks— building i Principal building 1 Accessory building j Front (see also Subd. 2) 35 35 Adjacent to arterial See Subdivision 2 roads Rear..(see...also Subd 4)................................................................................................................................................................................................................................... Adjacent to R, R-1 or j 2815 8 MR-1 District • • Adjacent to non-R, R-1 I 5 5 or MR-1 District Street/corner side (but I 25 ! 25 seeSubd. 3)................................................................... Interior side (see also i ..._Subd. 4)....................................................................... Adjacent to R, R-1 or I 2015 288 MR-1 District Adjacent to non-R, R-1 I 0 0 or MR-1 District Maximum building height 40 15 1 (but see Subd. 5) . Story limitations 3 stories i i 1...._story..................................._ Section X Subsection 534.11, Subdivision 2 of the Richfield City Code is amended to read as follows: Subd. 2. Front setback reductions and maximums. a) The front setback requirement for a principal building on a lot may be reduced to no less than the average front setback of the existing principal building(s) abutting such lot, to a minimum of 30 feet, except when adjacent to a single-family house. 51k— I( b) The front setback requirement for a principal building on a lot located along an arterial road may be reduced to five (5) feet when a customer entrance is provided along that wall of the building. c) The maximum front setback for a principal building on a lot located along an arterial road is 40 feet or the average front setback of the existing principal building(s) abutting such lot, whichever is greater. In no case shall the front setback for a principal building exceed 60 feet. Section X Subsection 537.03, Subdivision 1 of the Richfield City Code is amended to read as follows. 537.03. Permitted Uses. Subdivision 1. The following table establishes permitted, conditionally permitted and accessory uses for the Mixed Use Districts. Table 1. Uses of the Mixed-Use District The following abbreviations are used within the use table: P= permitted use A= accessory use C= conditionally permitted N= not permitted Use MU-R MU-C MU-N COMMERCIAL Regional retail services P C N General retail services P P C Neighborhood retail services P P P Restaurant Class I (serving alcohol) P C N Restaurant Class II (traditional/cafeteria) P P P Restaurant Class III (fast C C N food/convenience) Restaurant Class IV (take out only) P P P Service Station /convenience store P P N Convenience store P P P Offices and clinics P P A Hotel/motel (defined as 6 or more rooms) P P N Mortuaries and funeral chapels N P N Health or athletic clubs, spas, yoga studios P P N Theaters, movie or live entertainment P N N Auto sales or lease—new vehicles C N N Auto mechanical or body repair shops C C N Auto detailing C C N Auto rental facilities accessory to a primary A A N office or hotel use Assembly and manufacturing accessory A A N and subordinate to a retail use Drive-up window or teller service C C N sA - is Use MU-R MU-C MU-N Adult business establishments as defined P P N and regulated under Subsection 1196 of the City Code Tattoo shops P P N Firearms related uses C N N Licensed day care facilities P P P Animal kennels C C C RESIDENTIAL Dwelling, townhouse N N P Dwelling, multi-family (min. 3 units) P P P (but see 537.07, Subd. 2a) Live —work units N P P Assisted living facilities, nursing, rest N P P homes INSTITUTIONAL/PUBLIC Places of worship A P P Government offices A P A Police sub-station P P P Schools C P P Library N P P Parks P P P Hospitals P N N Transit facilities A A A Public utility A A A Section X Subsection 537.05 of the Richfield City Code is amended by adding new Subdivision 11 to read as follows: Subd. 11. Animal kennels. a) MU-N: Animal kennels shall be permitted in the MU-N District provided the following conditions are met: That full soundproofing is installed on all interior walls (including ceiling) and that the area requirements of Subsection 537.07, Subd. 2 are met. b) MU-C: Animal kennels shall be permitted in the MU-C District provided the following conditions are met: That if located in a multi-tenant building, soundproofing is installed on all walls (including ceiling) that are adjacent to another tenant or residential common area. 5Pi - Is c) MU-R: Animal kennels shall be permitted in the MU-R District provided the following conditions are met: That if located in a multi-tenant building, soundproofing is installed on all walls (including ceiling) that are adjacent to another tenant or residential common area. d) Outdoor relief areas in MU Districts: Outdoor relief areas shall be permitted in the MU Districts provided that the conditions listed in 534.07, Subd. 24 are met. Section X Subsection 544.13, Subdivision 5 of the Richfield City Code is amended to read as follows: Subd. 5. Parking Lot Setbacks. Unless otherwise noted parking lots shall be set back in accordance with the following: a) Parking lots must be set back eight (8) feet from the right-of- way. b) Parking lots must be set back five (5) feet from adjacent commercial, multi-family residential and mixed use property. E} Parking lots must be set back 15 feet from adjacent single- family and two-family residential property with appropriate screening as required by Subsection 544.03 Subd. 5 for residential sites or Subd. 6 for commercial. Section X This Ordinance is effective in accordance with Section 3.09 of the Richfield City Charter. Passed by the City Council of the City of Richfield, Minnesota this 13th day of September, 2011. Debbie Goettel, Mayor ATTEST: Nancy Gibbs, City Clerk AGENDA SECTION: CONSENT AGENDA ITEM# 5B REPORT# 160 =AM STAFF REPORT RICHFIELD CITY COUNCIL MEETING AUGUST 9, 2011 REPORT PREPARED BY: CHRISTINE COSTELLO, COMMUNITY DEVELOPMENT SPECIALIST ACTING DEPARTMENT DIRECTOR REVIEW: � - fr ajf REVIEWED BY CITY 41W MANAGER: ' `� �• ITEM FOR COUNCIL CONSIDERATION: Call for a public hearing on September 13, 2011 for the: 1. Modification to the Redevelopment Plan for the Richfield Redevelopment Project area; and 2. Proposed adoption of an Amended and Restated TIF Plan for the Woodlake Plaza TIF District. I. RECOMMENDED ACTION: By Motion: Adopt a resolution calling for a public hearing on September 13, 2011 to consider: 1. Modification to the Redevelopment Plan for the Richfield Redevelopment Project area; and 2. Proposed adoption of an Amended and Restated TIF Plan for the 2010-1 Housing TIF District (Woodlake Housing). II. BACKGROUND On April 27, 2010 the City Council held a public hearing on and provided approval for a Modification to the Redevelopment Plan for the Richfield Redevelopment Project Area and a Tax Increment Plan for the 2010-1 Housing Tax Increment Financing District (Woodlake Housing). Woodlake Richfield Apartments, LLC (Developer) is expected to construct a 94 unit multi-family housing development (Project) within the TIF District, with 20% of the units affordable to persons with low or moderate income. 08092011-Call for Public Hearing Woodlake Apt.doc At the time the TIF District was approved, it was expected that the tax increment generated by the TIF District would be used to reimburse the HRA for up to $85,000 for land to be conveyed to the Developer and to pay principal and interest on a pay- as-you-go note in the amount of $822,000 issued to reimburse Woodlake Richfield Apartments, LLC (Developer) for site acquisition and site improvement costs. In working with its Lender, the Developer has determined that the property taxes payable for the Project may lead to a funding gap for the Project. The Developer has requested additional tax increment assistance in the form of a second pay-as- you-go note issued in the amount of$500,000 but payable only if the Developer pays real estate taxes for the Project in the amount of more than $144,000 in any calendar year. In order to allow for this request, the HRA staff and consultants have worked to amend and restate the Tax Increment Plan to include a second pay-as-you-go note in the TIF Plan's budget. Pursuant to Minnesota State Statute, a change in the TIF Plan's budget requires another public hearing before the City Council. Calling for the public hearing does not commit the City Council to approve the amended and restated TIF Plan. The decision whether or not to approve the amended and restated TIF Plan can be made only after the Council has had an opportunity to fully consider the matter with public input at the public hearing. If the call for a public hearing is approved, the next steps would be: a) To inform the County, School District and other taxing jurisdictions of the amended and restated TIF Plan and give them an opportunity to comment; b) For the Planning Commission to determine whether the modification of the TIF Plan continues to be consistent with Richfield's Comprehensive Plan; c) For the Housing and Redevelopment Authority (HRA) to consider approving modifications to TIF Plan; and d) The holding of a public hearing by the City Council on September 13, 2011 and consider approving modifications to TIF Plan. III. BASIS OF RECOMMENDATION A. POLICY • A public hearing is required for the amendment and restatement of the TIF Plan. • The City Council is the body that must hold a public hearing to consider approval of the proposed modifications to the TIF Plan. B. CRITICAL TIMING ISSUES • The HRA is scheduled to consider a resolution approving the amended and restated TIF Plan at its August 15, 2011 meeting. • State Statute requires that the County, School Districts and other affected taxing jurisdictions receive notice of the amended and restated TIF Plan and other information on fiscal impacts related to the modification/establishment of a Redevelopment Project Area and/or TIF District at least 30 days prior to that hearing. • The Planning Commission must determine whether the modifications to the TIF Plan are consistent with Richfield's Comprehensive Plan; this is tentatively scheduled for the August 22, 2011 Planning Commission meeting. • The timing of this consideration would allow for the prospective developers to maintain their tentative acquisition and construction schedule (if the project is ultimately approved). C. FINANCIAL • The financial assistance that the developer is seeking is a pay-as-you- go note in the amount of$822,000 and a pay-as-you-go note in the amount of$500,000 payable only to the extent that the Project pays taxes in an amount of more than $144,000 annually during the life of the TIF District. • The Developer's financial documentation shows that this amount of assistance is necessary in order to provide the "debt service coverage" needed to secure financing for the Project. • Without the tax increment financing, the Project would be not be financially feasible for the Developer. D. LEGAL • The City's legal counsel has been involved in all staff discussions relating to tax increment financing for the proposed project. E. ENVIRONMENTAL CONSIDERATIONS • The proposed housing is anticipated to have a relatively high use of transit, bicycle and pedestrian modes of travel. IV. ALTERNATIVE RECOMMENDATION(S) • Delay the call for a public hearing to a later City Council meeting in order to seek further information. • Do not adopt the attached Resolution. • Adopt the attached Resolution with modifications that meet the desires or concerns of City Council members. V. ATTACHMENTS • Resolution VI. PRINCIPAL PARTIES EXPECTED AT MEETING • Terry McNellis and/or Michael Swenson with Developer CITY OF RICHFIELD HENNEPINCOUNTY STATE OF MINNESOTA RESOLUTION NO. RESOLUTION CALLING FOR A PUBLIC HEARING BY THE CITY COUNCIL ON THE PROPOSED ADOPTION OF A MODIFICATION TO THE REDEVELOPMENT PLAN FOR THE RICHFIELD REDEVELOPMENT PROJECT AREA AND THE PROPOSED ADOPTION OF AN AMENDED AND RESTATED TAX INCREMEMNT FINANCING PLAN FOR THE 2010-1 HOUSING TAX INCREMENT FINANCING DISTRICT (WOODLAKE HOUSING). BE IT RESOLVED by the City Council (the "Council") for the City of Richfield, Minnesota (the "City"), as follows: Section 1.Public Hearing. This Council shall meet on September 13, 2011, at approximately 7:00 P.M., to hold a public hearing on the proposed adoption of a Modification to the Redevelopment Plan for the Richfield Redevelopment Project Area, and the proposed adoption of an Amended and Restated Tax Increment Financing Plan for the 2010-1 Housing Tax Increment Financing District (Woodlake Housing), (a housing district), all pursuant to and in accordance with Minnesota Statutes, Sections 469.001 to 469.047, and Sections 469.174 to 469.1799, inclusive, as amended, in an effort to encourage the development and redevelopment of certain designated areas within the City; and Section 2.Notice of Public Hearing, Filing of Plans. City staff is authorized and directed to work with Ehlers & Associates, Inc., to prepare a Modification to the Redevelopment Plan for the Richfield Redevelopment Project Area and an Amended and Restated Tax Increment Financing Plan for the 2010-1 Housing Tax Increment Financing District (Woodlake Housing) and to forward documents to the appropriate taxing jurisdictions including Hennepin County and Independent School District No. 280. The Community Development Director is authorized and directed to cause notice of the hearing, together with an appropriate map as required by law, to be published at least once in the official newspaper of the City not later than 10, nor more than 30, days prior to September 13, 2011, and to place a copy of the Plans on file in the Community Development Director's office at City Hall and to make such copy available for inspection by the public. Dated: August 9, 2010 Adopted: Debbie Goettel, Mayor ATTEST: Nancy Gibbs, City Clerk AGENDA SECTION: CONSENT AGENDA ITEM# 5C REPORT# 161 STAFF REPORT RICHFIELD CITY COUNCIL MEETING AUGUST 9, 2011 REPORT PREPARED BY: JULIE EDDINGTON, BOND COUNSEL NAME,TITLE DEPARTMENT DIRECTOR REVIEW: a _j• REVIEWED BY CITY MANAGER: 410171Prilitil.20 ITEM FOR COUNCIL CONSIDERATION: Consideration of a resolution calling a public hearing regarding a multifamily rental housing development and giving preliminary approval to the issuance of revenue bonds. I. RECOMMENDED ACTION: By Motion: Approve a resolution calling a public hearing regarding a multifamily rental housing development, authorizing the preparation and submission of a housing program to Metropolitan Council, authorizing the preparation and submission of a housing bond allocation application to the State of Minnesota, and giving preliminary approval to the issuance of revenue bonds to finance the construction, acquisition, and equipping of the multifamily rental housing development, pursuant to Minnesota Statutes, Chapter 462C. II. BACKGROUND • Woodlake Richfield Apartments, LLC, a Minnesota limited liability company (the "Borrower"), has proposed that the City of Richfield (the "City"), issue its revenue bonds, in one or more series, at a variable rate of interest, in order to finance a portion of the acquisition, construction, and equipping of an approximately 110,000 square foot multifamily rental housing development known as the "Woodlake Apartments," consisting of 94 units of market rate and affordable apartments, three and four stories tall with underground parking, located at 6401-6429 Lyndale Avenue South in the City (the "Project"). • The Borrower proposes to use the proceeds of the proposed revenue bonds to finance a portion of (i) the acquisition, construction, and equipping of the Project, (ii) the payment of interest during the construction of the Project, (iii) the funding of a reserve fund, if necessary, and (iv) the payment of costs of issuing the bonds. • Prior to the issuance of the bonds, the City must conduct a public hearing as required by Minnesota Statutes, Chapter 462C (the "Act"), and Section 147(f) of the Internal Revenue Code of 1986, as amended (the "Code"). • The Borrower has requested that the City conduct a public hearing on the issuance of the proposed revenue bonds and that the City approve a housing program, pursuant to the Act, following the public hearing. • Pursuant to Section 146 of the Code, the proposed revenue bonds must receive an allocation of bonding authority of the State of Minnesota. Pursuant to the requirements of Minnesota Statutes, Chapter 474A, as amended, the City will apply for allocation of bonding authority from the State of Minnesota. • The City would only serve as a conduit for the Project financing. The City would not incur any financial liability as a result of the issuance of the debt, nor would the City incur any out-of-pocket expenses. • As a condition to the consideration of the issuance of such bonds, the City requires that the Borrower submit an application to the City with respect to the proposed revenue bonds. III. BASIS OF RECOMMENDATION A. POLICY • Under Minnesota Statutes, Chapter 462C, the City has authority to issue revenue bonds. • Under Minnesota Statutes, Chapter 474A, the proposed revenue bonds require allocation of bonding authority of the State of Minnesota. • The Borrower has submitted an Application for Tax Exempt Bond Financing to the City with respect to the proposed bonds. B. CRITICAL TIMING ISSUES • The issuance of the proposed housing revenue bonds will not impact the City's ability to issue its own general obligation "bank-qualified" bonds in an amount of up to $10,000,000 in calendar year 2011 since the proposed housing revenue bonds do not count towards the $10,000,000 cap on "bank-qualified" bonds. C. FINANCIAL • The amount of the proposed revenue bonds is not expected to exceed $15,000,000. The Borrower will pay certain other costs of the financing out of Borrower equity funds. • The Borrower will be charged a non-refundable application fee of $2,500 and an annual administrative fee in the amount of 1/8th of 1% (0.125%) of the outstanding principal balance of the issue. D. LEGAL • Kennedy & Graven will serve as bond counsel for the issue. • A public hearing will be required as part of the issuance of the proposed revenue bonds. E. ENVIRONMENTAL CONSIDERATIONS • N/A IV. ALTERNATIVE RECOMMENDATION(S) • Forgo approving the attached resolution and not call a public hearing regarding the issuance of the private activity revenue bonds and not proceed with the issuance of the bonds. V. ATTACHMENTS • Resolution VI. PRINCIPAL PARTIES EXPECTED AT MEETING • Julie Eddington, Kennedy & Graven, Chartered • Representative from Woodlake Richfield Apartments, LLC RC145-630(JAE) 389573v1 SC CITY OF RICHFIELD RESOLUTION NO. RESOLUTION CALLING A PUBLIC HEARING REGARDING A MULTIFAMILY HOUSING DEVELOPMENT AND THE ISSUANCE OF REVENUE BONDS TO FINANCE THE COSTS THEREOF UNDER MINNESOTA STATUTES, CHAPTER 462C, AS AMENDED; GRANTING PRELIMINARY APPROVAL THERETO; AND TAKING CERTAIN OTHER ACTIONS WITH RESPECT THERETO BE IT RESOLVED by the City Council of the City of Richfield, Minnesota (the "City"), as follows: Section 1. Recitals. 1.01. The City is a home rule city duly organized and existing under its Charter and the Constitution and laws of the State of Minnesota. 1.02. Pursuant to Minnesota Statutes, Chapter 462C, as amended (the "Act"), the City is authorized to carry out the public purposes described in the Act by providing for the issuance of revenue bonds to provide funds to finance multifamily housing developments located within the City. 1.03. As a condition to the issuance of such revenue bonds, the City must adopt a housing program providing the information required by Section 462C.03, subdivision la,of the Act(the"Housing Program"). The City Council of the City must also grant preliminary approval to the issuance of revenue bonds to finance the multifamily housing development referred to in the Housing Program, and authorize the submission of an application to the office of Minnesota Management & Budget for an allocation of bonding authority with respect to the Bonds (as hereinafter defined) to finance the Project(as hereinafter defined). 1.04. Woodlake Richfield Apartments, LLC, a Minnesota limited liability company (the "Company"), has proposed that the City, pursuant to the Act, issue its revenue bonds in the approximate aggregate principal amount of$15,000,000, in one or more series at one time or from time to time (the "Bonds"), the proceeds of which will be loaned by the City to the Company to be applied by the Company to the acquisition, construction, and equipping of a 94-unit multifamily rental housing development located at 6401-6429 Lyndale Avenue South in the City(the "Project"). The Company will apply the proceeds of the loan to the following purposes: (i)the acquisition, construction and equipping of the Project; (ii) the funding of one or more reserve funds to secure the timely payment of the Bonds; (iii)the payment of interest on the Bonds during the construction of the Project; and (iv)the payment of the costs of issuing the Bonds. 1.05. Under Section 147(f) of the Internal Revenue Code of 1986, as amended (the "Code"), prior to the issuance of the Bonds a public hearing must be held by the City Council after one publication of notice in a newspaper circulating generally in the City, at lease fourteen (14) days before the hearing. Under Section 462C.04, subdivision 2, of the Act, a public hearing must be held on the housing program after one publication of notice in a newspaper circulating generally in the City, at least fifteen (15) days before the hearing. 1 Sc-a 1.06. Under Section 146 of the Code, the Bonds must receive an allocation of the bonding authority of the.State of Minnesota. An application for such an allocation must be made pursuant to the requirements of Minnesota Statutes, Chapter 474A,as amended(the"Allocation Act"). Section 2. Preliminary Findings. Based on representations made by the Company to the City to date, the City Council of the City hereby makes the following preliminary findings, determinations, and declarations: (a) The Project consists of a multifamily housing development designed and intended to be used for rental occupancy. (b) The proceeds of the Bonds will be loaned to the Company and the proceeds of the loan will be applied to the following purposes: (i)the acquisition, construction, and equipping of the Project; (ii)the funding of one or more reserve funds to secure the timely payment of the Bonds; (iii)the payment of interest on the Bonds during the construction of the Project; and(iv)the payment of the costs of issuing the Bonds. The City will enter into a loan agreement (or other revenue agreement) with the Company requiring loan repayments from the Company in amounts sufficient to repay the loan when due and requiring the Company to pay all costs of maintaining and insuring the Project,including taxes thereon. (c) In preliminarily authorizing the issuance of the Bonds and the financing of the acquisition, construction, and equipping of the Project and related costs, the City's purpose is to further the policies of the Act. (d) The Bonds will be limited obligations of the City payable solely from the revenues the payment thereof, and will not be a general or moral obligation of the City and will not be pledged to p y secured by or payable from revenues derived from any exercise of the taxing powers of the City. Section 4. Public Hearing. The City shall meet at 7:00 P.M. on Tuesday, September 13,2011,to conduct a public hearing on the Housing Program,the Project, and the issuance of revenue obligations by the City, notice of which hearing (the "Public Notice") will be published as required by Section 462C.04, subdivision 2, of the Act, and Section 147(f) of the Code. The City Manager of the City is hereby authorized and directed to publish the Public Notice, in substantially the form attached hereto as Exhibit A to this resolution, in the Sun-Current, a newspaper of general circulation in the City, at least fifteen(15) days before the meeting of the City Council at which the public hearing will take place. At the public hearing reasonable opportunity will be provided for interested individuals to express their views, both orally and in writing, on the Project, the Housing Program, and the proposed issuance of such revenue obligations. Section 5. Housing Program. Bond counsel, as described below, shall prepare and submit to the City a draft Housing Program to authorize the issuance by the City of up to $15,000,000 in revenue bonds to finance the acquisition, construction, and equipping of the Project by the Company. The City is authorized and directed to submit the Housing Program to Metropolitan Council for review and comment pursuant to Section 462C.04, subdivision 2 of the Act. Section 6. Preliminary Approval. The City Council hereby provides preliminary approval to the issuance of the Bonds in the approximate aggregate principal amount of$15,000,000 to finance all or a portion of the costs of the Project pursuant to the Housing Program of the City, subject to: (i)a public hearing as required by the Act and Section 147(f) of the Code; (ii) final approval following the preparation of bond documents; and (iii)final determination by the City Council that the financing of the Project and the issuance of the Bonds are in the best interests of the City. 2 5c -3 Section 7. Submission of an Application for an Allocation of Bonding Authority. Under Section 146 of the Code, the Bonds must receive an allocation of the bonding authority of the State of Minnesota. An application for such an allocation must be made pursuant to the requirements of the Allocation Act. The City Council hereby authorizes the submission of an application for allocation of bonding authority pursuant to Section 146 of the Code and the Allocation Act in accordance with the requirements of the Allocation Act. The Mayor of the City, the City Manager, the Finance Manager of the City, and Kennedy&Graven, Chartered, acting as bond counsel with respect to the Project and the Bonds, shall take all actions, in cooperation with the Company, as are necessary to submit an application for an allocation of bonding authority to the office of Minnesota Management&Budget. Section 8. Reimbursement of Costs under the Code. 8.01. The United States Department of the Treasury has promulgated regulations governing the use of the proceeds of tax-exempt bonds, all or a portion of which are to be used to reimburse the City or the Company for project expenditures paid prior to the date of issuance of such bonds. Those regulations (Treasury Regulations, Section 1.150-2) (the "Regulations") require that the City adopt a statement of official intent to reimburse an original expenditure not later than sixty(60) days after payment of the original expenditure. The Regulations also generally require that the bonds be issued and the reimbursement allocation made from the proceeds of the bonds occur within eighteen(18) months after the later of: (i) the date the expenditure is paid; or (ii) the date the project is placed in service or abandoned, but in no event more than three (3) years after the date the expenditure is paid. The Regulations generally permit reimbursement of capital expenditures and costs of issuance of the Bonds. 8.02. To the extent any portion of the proceeds of the Bonds will be applied to expenditures with respect to the Project, the City reasonably expects to reimburse the Company for the expenditures made for costs of the Project from the proceeds of the Bonds after the date of payment of all or a portion of such expenditures. All reimbursed expenditures shall be capital expenditures, a cost of issuance of the Bonds, or other expenditures eligible for reimbursement under Section 1.150-2(d)(3) of the Regulations and also qualifying expenditures under the Act. Based on representations by the Company, other than (i) expenditures to be paid or reimbursed from sources other than the Bonds, (ii) expenditures permitted to be reimbursed under prior regulations pursuant to the transitional provision contained in Section 1.150-2(j)(2)(i)(B) of the Regulations, (iii)expenditures constituting preliminary expenditures within the meaning of Section 1.150-2(f)(2) of the Regulations, or (iv) expenditures in a "de minimus" amount (as defined in Section 1.150-2(f)(1) of the Regulations),no expenditures with respect to the Project to be reimbursed with the proceeds of the Bonds have been made by the Company more than sixty(60) days before the date of adoption of this resolution of the City. 8.03. Based on representations by the Company, as of the date hereof,there are no funds of the Company reserved, allocated on a long term-basis or otherwise set aside (or reasonably expected to be reserved, allocated on a long-term basis or otherwise set aside) to provide permanent financing for the expenditures related to the Project to be financed from proceeds of the Bonds, other than pursuant to the issuance of the Bonds. This resolution, therefore, is determined to be consistent with the budgetary and financial circumstances of the Company as they exist or are reasonably foreseeable on the date hereof. Section 9. Costs. The Company will pay the administrative fees of the City and pay, or, upon demand, reimburse the City for payment of, any and all costs incurred by the City in connection with the Project and the issuance of the Bonds,whether or not the Bonds are issued. 3 LI Section 10. Commitment Conditional. The adoption of this resolution does not constitute a guarantee or a firm commitment that the City will issue the Bonds as requested by the Company. If, as a result of information made available to or obtained by the City during its review of the Project, it appears that the Project or the issuance of Bonds to finance the costs thereof is not in the public interest or is inconsistent with the purposes of the Act, the City reserves the right to decline to give final approval to the issuance of the Bonds. The City also retains the right, in its sole discretion, to withdraw from participation and accordingly not issue the Bonds should the City Council, at any time prior to the issuance thereof, determine that it is in the best interests of the City not to issue the Bonds or should the parties to the transaction be unable to reach agreement as to the terms and conditions of any of the documents for the transaction. Section 11. Effective Date. This Resolution shall be in full force and effect from and after its passage. Adopted by the City Council of the City of Richfield,Minnesota, on this 9th day of August,2011. CITY OF RICHFIELD,MINNESOTA Debbie Goettel,Mayor Attest: Nancy Gibbs, City Clerk 4 sc - s EXHIBIT A NOTICE OF PUBLIC HEARING CITY OF RICHFIELD COUNTY OF HENNEPIN STATE OF MINNESOTA NOTICE OF A PUBLIC HEARING TO BE CONDUCTED BY THE CITY OF RICHFIELD, MINNESOTA, TO CONSIDER THE ISSUANCE OF REVENUE BONDS BY THE CITY TO FINANCE THE ACQUISITION, CONSTRUCTION, AND EQUIPPING OF A MULTIFAMILY HOUSING DEVELOPMENT LOCATED IN THE CITY NOTICE IS HEREBY GIVEN that the City Council of the City of Richfield, Hennepin County, State of Minnesota (the "City"), will hold a public hearing on Tuesday, September 13, 2011, at approximately 7:00 P.M. at the Richfield City Council Chambers in City Hall, 6700 Portland Avenue, Richfield, Minnesota, to consider a proposal that the City approve and authorize the issuance of revenue bonds (the "Bonds"), by the City, in one or more series, under Minnesota Statutes, Chapter 462C, as amended(the"Act"), in order to finance all or a portion of the following: (i)the acquisition, construction and equipping of a 94-unit multifamily housing rental development located at 6401-6429 Lyndale Avenue South in the City (the "Project"); (ii) the funding of one or more reserve funds to secure the timely payment of the Bonds; (iii) the payment of interest on the Bonds during the construction of the Project; and (iv) the payment of the costs of issuing the Bonds. Woodlake Richfield Apartments, LLC, a Minnesota limited liability company (the "Company"), or an affiliated entity, will own the Project. The estimated aggregate principal amount of the proposed Bonds is$15,000,000. Following the public hearing, the City will consider a resolution approving a housing program prepared in accordance with the requirements of the Act, and granting approval to the issuance of the Bonds. The Bonds will be special, limited obligations of the City, and the Bonds and interest thereon will be payable solely from the revenues and assets pledged to the payment thereof. No holder of any Bond will ever have the right to compel any exercise of the taxing power of the City to pay the Bonds or the interest thereon, nor to enforce payment against any property of the City except money payable by the Company to the City and pledged to the payment of the Bonds. Before issuing the Bonds, the City will enter into an agreement with the Company, whereby the Company will be obligated to make payments at least sufficient at all times to pay the principal of and interest on the Bonds when due. At the time and place fixed for the public hearing, the City Council will give all persons who appear at the hearing an opportunity to express their views with respect to the proposal. In addition, interested persons may direct any questions or file written comments respecting the proposal with the City Clerk, at or prior to said public hearing. Dated: [Date of Publication] BY ORDER OF THE CITY COUNCIL OF THE CITY OF RICHFIELD, MINNESOTA /s/ Nancy Gibbs City Clerk RC145-630(JAE) 389143v1 A-1 AGENDA SECTION: CONSENT AGENDA ITEM# 5D REPORT# 162 STAFF REPORT RICHFIELD CITY COUNCIL MEETING AUGUST 9, 2011 REPORT PREPARED BY: KRISTIN ASHER, CITY ENGINEER NAME,TITLE DEPARTMENT DIRECTOR REVIEW: „Al C REVIEWED BY CITY MANAGER: A. ITEM FOR COUNCIL CONSIDERATION: Consideration of a Memorandum of Understanding between the Minnehaha Creek Watershed District and the City of Richfield for the purposes of advancing the Legion /Taft Lake Improvement Project. I. RECOMMENDED ACTION: = By Motion: Approve the proposed Memorandum of Understanding (MOU) between Minnehaha Creek Watershed District (MCWD) and the City of Richfield for the Legion / Taft Lakes Improvement Project. II. BACKGROUND Staff is recommending approval of the proposed MOU with MCWD as a sign of good faith to continue working towards the completion of the Legion /Taft Lake Improvement Project. Purpose of MOU The MCWD suggested entering into the MOU in order to complete a feasibility review on the project so that MCWD staff could verify the proposed outcomes of the improvement project and make a more educated recommendation to the District Board on how to proceed. The MCWD needs to complete a Plan Amendment process prior to ordering the project, including it in their Capital Improvement Plan, and entering into a formal agreement with the City. They requested the feasibility review take place before triggering the Plan Amendment Process. The MOU 08092011 MCWD outlines the following items for clarification/completion as part of the feasibility review to be completed by August 22, 2011: • Necessary right-of-way rights are acquired from MAC and Mn/DOT • Necessary regulatory approvals are in place • Updated construction estimate • Updated construction schedule • Satisfactory performance criteria identified • Future regulatory requirements for redevelopment • Bond repayment details • Draft cooperation agreement Current Schedule Upon the approval of the MOU, staff will begin to work with MCWD toward the completion of the feasibility review and drafting the formal cooperation agreement. MCWD's Plan Amendment Process includes a public comment period and public hearing. The proposed schedule is outlined below: • August 2011 — MOU executed /staffs work on list of clarification items • September 2011 — Plan Amendment Process Begins • December 2011 — Plan Amendment complete / MCWD Orders Project — Cooperation Agreement Consideration • Final design and acquisition process for three homes affected by Richfield Parkway North Connection would begin upon execution of formal agreement • 2012 — Complete final design and property acquisition • 2013 — Construction III. BASIS OF RECOMMENDATION A. POLICY • The proposed project is identified in the City's Surface Water Management Plan. B. CRITICAL TIMING ISSUES • The MOU identifies August 22, 2011 as the completion date for the items outlined in the document. That date allows for the MCWD Board to order the Plan Amendment in early September. • Delaying the approval could impact the current schedule. C. FINANCIAL • Approving the MOU will not impact City finances. • The cost of work associated to complete the feasibility review will be obtained through the overall project costs funded by MCWD. D. LEGAL • The proposed MOU is a non-binding document. • The City Attorney will be available to answer questions. E. ENVIRONMENTAL CONSIDERATIONS • The proposed project would improve the water quality at Legion and Taft Lakes as well as downstream Nokomis Lake and Minnehaha Creek. IV. ALTERNATIVE RECOMMENDATION(S) • The City Council could choose not to approve the MOU and direct staff on how to proceed. V. ATTACHMENTS • Proposed MOU • Graphic of Legion /Taft Lakes Improvement Project VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None SD - � MEMORANDUM of UNDERSTANDING Between the Minnehaha Creek Watershed District and the City of Richfield for the Legion/Taft Lakes Project This Memorandum of Understanding (MOU) is made by and between the Minnehaha Creek Watershed District, a watershed district with purposes and powers as set forth at Minnesota Statutes Chapters 103B and 103D (MCWD), and the City of Richfield, a charter city and political subdivision of the State of Minnesota. Recitals and Statement of Purpose WHEREAS the City is willing to construct and operate a regional storm water treatment facility including full,immediate treatment for the entire Taft Lake Watershed (1553 Acres) using both traditional and innovative methods and providing for a higher quality treatment with measurable results (Legion /Taft Lakes Project). The Project will include active phosphorus reduction at Taft Lake,infiltration,buffers,water reuse,and grit chambers to provide rate control,volume control, and address pollutant loading concerns. WHEREAS before the Project proceeds there will be a need for an agreement between Richfield and the MCWD that identifies the roles and responsibilities of each party in designing, constructing and maintaining the Project; WHEREAS the City of Richfield will work to finalize the feasibility study to identify the specific project elements, their respective water resource benefits, financial costs, financing structure and future implementation of water resource regulations within the project(s) drainage area prior to the MCWD Board authorizing an amendment to the Comprehensive Water Resource Management Plan. WHEREAS the MCWD Board of Managers may not commit funds to the Project until it has incorporated the Project into its WRMP, evaluated its capacity to achieve MCWD goals identified in the WRMP, and established the Project pursuant to procedures outlined in statute; WHEREAS accordingly, an agreement with binding responsibilities is premature at this time,but the parties wish to establish mutual undertakings at this time that will serve to develop the Project to the point that the decision making bodies of both parties are in a position to proceed with the Project and execute a legally binding agreement to do so; THEREFORE the MCWD and Richfield wish to memorialize the understanding of the parties as to the scope of the work to be undertaken; establish a mutual commitment as to the general responsibilities of and tasks to be undertaken by each party;and facilitate communication and cooperation between the parties to achieve the goals of this MOU. 1 .6Q- a 1. General Responsibilities and Performance Guidelines. 1.1 Each party will use best efforts to fulfill the terms of this MOU for those tasks for which it is responsible and to cooperate fully and effectively to carry out the work specified in this MOU prior to August 22, 2011 1.2 The purpose of this MOU is to establish a foundation for the decision-making bodies of the parties to make decisions to proceed with the Project and to execute a Project agreement establishing the roles and responsibilities of each party for final design, construction, operation and maintenance. The parties'intention is that the activities under this MOU be performed so that the MCWD Board of Managers is in a position to complete proceedings under Minnesota Statutes §103B.251, and the parties are in a position to approve the Project agreement,before the end of calendar year 2011. 1.3 Richfield and the MCWD commit to work collaboratively and in good faith and affirm their mutual interest in a Project that achieves water resource and related public goals. Notwithstanding, the parties also recognize and agree that nothing in this MOU constitutes a binding legal commitment and that the Richfield city council and MCWD board of managers retain authority, judgment and discretion to the full extent granted by law with respect to all decisions concerning the Project. 2. Feasibility Review and Preliminary Design. 2.1 Richfield will complete a feasibility review for the Project. The purpose of the review will be to establish a basis for the parties to conclude with a sufficient level of confidence that the Project can be constructed; that any land and right-of-way rights can be timely acquired;that road abandonments,land use adjustments, and regulatory and similar approvals can be timely accomplished;that estimates for construction schedule and cost are sufficiently reliable;and that the Project is able to meet agreed performance criteria. 2.2 The MCWD will cooperate with and assist Richfield's completion of the feasibility review by providing Richfield with access to relevant data it may possess and affording the participation of its staff and engineering consultant. The purposes of the MCWD's involvement in the feasibility review include the following: a. Assisting on technical matters and coordination with third parties; b. Helping to ensure that Project design reflects WRMP performance goals and is consistent with the MCWD's WRMP; c. Providing a connection between the MCWD Board of Managers and the design process to facilitate Board consideration and effective decisionmaking regarding the Project. 2.3 Richfield will prepare an updated feasibility memorandum for the Project. This product will include an itemized Project cost estimate and will present the results of feasibility review including matters enumerated in paragraph 2.1. The parties intend that the feasibility memorandum will provide a sufficient basis for their decisionmaking bodies to make decisions as to whether to 2 5D-3 proceed with the Project and to enter into an agreement for the final design, construction and maintenance of the Project. Each party,however, retains its capacity to require specific questions to be answered or specific elements of the design to be better defined as a part of its decision making process. 2.4 The parties intend that feasibility review and preliminary design be characterized by coordination and informal collaboration between staff and engineering consultants to develop a project that best meets the goals of both parties most cost-effectively, and to define the Project effectively for construction, operation and funding decisions by the parties' decisionmaking bodies. Each party will bear the cost of its own staff and consultant activities. Notwithstanding, independent of this MOU, the MCWD may agree to contribute funds to complete feasibility review. 3. Developing Project Agreement. 3.1 MCWD and Richfield staff, engineering consultants and legal counsel will cooperate to develop the terms of a proposed Project agreement. The agreement would establish legally binding roles and responsibilities for the final design, construction, operation and maintenance of the Project. In developing and negotiating terms of the proposed agreement,neither party has the authority to bind its decision making body. A proposed agreement will be subject to review and approval by the decision making body of each party,which retains its full authority,judgment and discretion with respect to said approval. 3.2 The Project agreement will specify each party's roles and responsibilities with respect to construction, funding and financing. a. Under the Project concept as informally discussed to date, Richfield would be responsible for design, construction and operation;would bear the cost of Project design and operation through present funds; and would issue bonds for design and construction in conjunction with an MCWD commitment to provide funds to Richfield for bond repayment though exercise of the MCWD's annual property tax levy. The parties, through their staffs, engineering consultants and legal counsel,will cooperate to negotiate and develop specific terms for construction, funding and financing for inclusion in the Project agreement that will be considered by their respective decision making bodies. b. It is expected that the concept described above will guide the parties' structuring of the Project agreement;however, nothing in this MOU or otherwise discussed to date binds either party as to any specific terms of the Project agreement. 3.3 It is expected that the Project agreement will contain specific terms regarding the following Project elements: a. Operation of Project elements,including but not limited to pumping and flow diversion; irrigation;infiltration; flocculation (including chemical and floc management);and discharge from the Project. b. Native vegetation establishment and maintenance. 3 SD-Lk c. Maintenance of Project elements,including but not limited to pumps, conveyances and channels;proprietary and non-proprietary infiltration, sediment capture, and other stormwater management devices;and floc handling equipment. d. Monitoring to document and assess system flows and performance. e. Procedures and actions that will be taken if the Project is not performing or to improve Project performance. f. Public communication and education regarding the Project. The parties will cooperate to develop these terms for incorporation into the proposed Project agreement. Richfield will take the lead of authorship with respect to all of the above in that they are elements of or closely related to the Project design. However, the MCWD, through its staff and consulting engineer,will work closely with Richfield with the goal of efficiently establishing mutually agreeable terms. 3.4 Richfield intends that the stormwater management provided by the Project serve in some part to meet regulatory requirements of the MCWD and/or other regulatory agencies for future development and redevelopment within the drainage area to the Project. a. The MCWD presently is completing a rulemaking process under Minnesota Statutes 103D.341 to revise its stormwater management rule. The parties recognize that under the MCWD stormwater management rule, as proposed and as it may be adopted or later amended, the Project may or may not strictly qualify as regulatory compliance for any particular development or redevelopment activity within the drainage area. The parties intend that the Project agreement will establish how the Project may be used for regulatory compliance purposes, and will work in good faith to examine the question and develop proposed terms for inclusion in the Project agreement. b. Richfield recognizes that to evaluate this question, the MCWD may require information relating to land use, ground-and surface water hydrology, or other relevant matters and will provide reasonable assistance to the MCWD in this regard. c. Richfield and MCWD staff will engage their decisionmaking bodies in consideration of this issue with the goal that it be timely resolved. Nothing in this MOU constrains the judgment exercised by the MCWD Board of Managers in amending the MCWD's present stormwater management rule or applying that rule to development and redevelopment activity within the drainage area to the Project. 3.5 Other units of government that might benefit from the Project include the Minnesota Department of Transportation, the Metropolitan Airports Commission and the City of Minneapolis. Richfield and the MCWD will collaborate to assess to what extent these entities may benefit from the Project; assess what cooperation from these entities is needed or desirable for the Project to proceed;and approach these entities as appropriate to explore their cooperation or participation in the Project. These decisions may involve policy choices. Accordingly, each party reserves the right to involve its decision making body and to reserve the judgment of its decision making body with respect to engaging these or any other third parties in the Project. 4 5D' 3.6 Richfield and the MCWD may be subject to legal requirements to improve water quality or reduce discharges of pollutants to surface waters. Sources of these requirements may include municipal permits and nondegradation requirements under the National Pollutant Discharge Elimination System program; the Total Maximum Daily Load program; and the metropolitan water management program under Minnesota Statutes 5§103B.231 and 103B.235. Richfield and the MCWD will work to develop and negotiate terms to measure water quality improvements and pollutant discharge reductions resulting from the Project and to allocate those benefits between themselves for the purpose of meeting these mandates. 3.7 The MCWD may not execute an agreement committing funds to the Project or certify a levy for any such funds until the Project has been included in its WRMP capital improvement program pursuant to procedures set forth at Minnesota Statutes 103B.231. The MCWD will initiate and diligently prosecute the process to amend its WRMP accordingly. Notwithstanding, nothing herein constrains the authority and judgment each decision making body is given under law with respect to final actions on these matters. CITY OF RICHFIELD By Steven Devich Its City Manager MINNEHAHA CREEK WATERSHED DISTRICT By Eric Evens on Its District Manager 5 E---)-1---, _____ (:„ , _ IEL 'S'. 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YVI-- d T n T� OPParlifirk4 d o o< Y ..Dro O o N°, T q ° E. ° F Ni g ° m n g f N O 1 TOO , 4 4 a Sr ,y _ i. ..tlJ , AGENDA SECTION: CONSENT AGENDA ITEM# 5E REPORT# 163 =•All STAFF REPORT RICHFIELD CITY COUNCIL MEETING AUGUST 9, 2011 REPORT PREPARED BY: PAM DMYTRENKO, ASSI T ITY MAN 4, • r NAME,TITLE ,' REVIEWED BY CITY MANAGER: `. ` A _ r4p,ITEM FOR COUNCIL CONSIDERATION: Accept the change order report for the Richfield Municipal Project for an aggregate net effect of$16,354.46 in items included in the project budget. I. RECOMMENDED ACTION: By Motion: Accept the Richfield Municipal Center change order report for an aggregate net effect of $16,354.46 in items included within the project budget. II. BACKGROUND Resolution No. 10309 provides the City Manager the authority to approve change orders for all contracts awarded by the City Council for the construction of the new Richfield Municipal Center subject to the following limitations: • Up to an aggregate of$25,000 for non-budgeted items • Up to an aggregate of$100,000 for items within the project budget Following the approval of such change orders, the City Manager must report this information to the City Council. Attached is the list of the approved project change orders since the July 12, 2011 City Council meeting. Three of the change orders reflect additions to the original contract with Graybow Communications, which installed the digital signage and training room systems throughout the new facility. Details of those three change orders are as follows: 0809change orders The $5,155.03 change order is the cost to add an additional content signal for the digital signage. The original bid started with one content signal for the entire building with the ability to expand to up to 4 channels of content dedicated to various areas of the building. However, with the sensitive nature of the content displayed on the Police digital signage, it was determined that their content would not be appropriate for the rest of the building. Therefore, a second channel was added to give Police an isolated content distribution. The $6,662.20 change order includes three items: 1) An increase in the price of the three training room podiums due to back order issues; 2) A change to the training room projectors because the lower light fixtures in those rooms required a different lens throw to match the environment; and 3) Projection screens for two of the three training rooms because screens were found not to have been included in the general construction contract. The $1,960.23 change order is the cost for a new rack for the digital signage equipment. As the demand for space in the lower level D-mark closet became greater, the space originally intended for the digital signage was no longer available. Therefore, a new rack and relocation of the rack to the nearby radio room was required. Fortunately, the radio room is a better, cleaner room for this dust sensitive equipment. The aggregate net effect of the,change orders before the Council on August 9, 2011 is $16,354.46 in budgeted items. Total net project change orders to-date is $328,750. III. BASIS OF RECOMMENDATION A. POLICY • In order to maintain the construction schedule of the Richfield Municipal Center project and respond to change order requests in a timely manner, the City Council has authorized (Resolution No. 10309) the City Manager to approve change orders up to an aggregate value of$100,000 for budgeted items and up to an aggregate value of$25,000 for non-budgeted items. B. CRITICAL TIMING ISSUES • The City Manager must report approved change orders for the Richfield Municipal Center to the City Council at the next Council meeting. • These change orders have already been approved and, in most cases, implemented. C. FINANCIAL • The change orders before the Council for review on August 9, 2011 represent a net effect of$16,354.46 for budgeted items. • Total net project change orders to-date is $328,750. D. LEGAL • NA E. ENVIRONMENTAL CONSIDERATIONS • NA IV. ALTERNATIVE RECOMMENDATION(S) • None V. ATTACHMENTS • Richfield Municipal Center Change Order Log VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None sf -t L O V 0 C.) N 0 C U O ° X23 � • 0 0 J 0 U IX O O O N N (0 Q a0 O) l!) O N E N L%) (0 (1) N M r 0) (1) Cr) N l!) r (p (1) U co C a) t U Y a) U N C Q 0 O 0 0. =o a) J 'O C low _U 0. O § xr CD 16 a) 11 v _ S C v 0 0 0 a) ' 45 a) a) a) 'a) c� -' o) m 0 V N ca 0 0 0 d j= _ U U U as co O 0 _ C.) N = �+ J+ �. C.) < U) < 000 Z Q. C‘I cr) IX oo 0 r 0 r r AGENDA SECTION: CONSENT AGENDA ITEM# 5F REPORT# 164 MOAN STAFF REPORT RICHFIELD CITY COUNCIL MEETING AUGUST 9, 2011 REPORT PREPARED BY: DERICK ANDERSON, CIVIL ENGINEER NAME,TITLE DEPARTMENT DIRECTOR REVIEW: 4),. REVIEWED BY CITY / , MANAGER: A .4 i— I ` 7 ITEM FOR COUNCIL CONSIDERATION:LLC Consideration of a maintenance agreement with 7700 Nicollet, . I. RECOMMENDED ACTION: By Motion: Approve the Agreement with 7700 Nicollet, LLC relating to the maintenance of the sump manholes at 7700 Nicollet Avenue. II. BACKGROUND The owner of the property at 7700 Nicollet Avenue has constructed a new building, parking lot, and storm drainage improvements. As part of the improvements, two sump manholes were installed for the purpose of treating storm water run-off before it enters the City's storm sewer system. The City requires that the property owner execute an agreement with the City to provide for annual maintenance of the sump manhole. III. BASIS OF RECOMMENDATION A. POLICY • The City requires installation of a sump manhole in order to provide water quality treatment before the storm water enters the City's storm water system. 080911 NicolletAgreement • The Agreement provides for annual inspection and maintenance of the sump manhole by the City, to ensure it is operating properly. B. CRITICAL TIMING ISSUES • This agreement should be in place prior to issuing the final Certificate of Occupancy for the building. C. FINANCIAL • The agreement requires the property owner to reimburse the City for costs of annual maintenance and cleaning. D. LEGAL • The City Attorney prepared the agreement. • The City Attorney will be available to answer questions. E. ENVIRONMENTAL CONSIDERATIONS • The installation and annual maintenance of the sump manhole is a Best Management Practice for treatment of storm water. IV. ALTERNATIVE RECOMMENDATION(S) • The City Council may choose not to approve the proposed agreement. V. ATTACHMENTS • Proposed agreement VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None anticipated. -1 DRAFT Certificate#1305230 P.O.Box 197 Torrens Kennedy&Graven AGREEMENT THIS AGREEMENT made and entered into as of the day of _ __ . 2011 by and between 7700 Nicollet,LLC,a Minnesota limited liability company, ("7700")and the CITY OF RICHFIELD,a Minnesota municipal corporation("City"). Recitals A. 7700 is the owner of a certain tract and parcel of land lying within the City on land legally described in the attached Exhibit A("Property"). B. Pursuant to approvals granted by the City, 7700 has constructed a new building, reconstructed the parking lot and constructed related storm drainage improvements on the Property, which drainage improvements empty into the City's storm sewer system("City System"). C. The drainage improvements include two sump manholes ("Sump Manholes") that will treat storm water before it enters the City System. Each Sump Manhole is designed to remove sand, gravel and other particles from the storm water passing through the on-site stormwater drainage system for the Property prior to the storm water entering into the City System. D. In order for the Sump Manholes to function as designed, the accumulated particles must be removed from time to time. E. The parties desire to enter into this agreement for the purpose of xnthorizing the City to enter onto the Property from time to time for the purpose of inspecting and maintaining the Sump Manholes as hereinafter provided. 388763v1 CAEiRC160.4 1 AGREEMENT For good and valuable consideration, the receipt and sufficiency of which the parties acknowledge,the parties hereby agree as follows: 1. Inspection and Cleaning. 7700 hereby grants the City, its officers, agents and employees the right to enter upon the Property at intervals of once every 12 months, or more often if requested by 7700, solely for the purpose of inspecting and cleaning the Sump Manholes; provided, however, that the City's access to the Property and inspection and/or cleaning does not unreasonably interfere with 7700's use of the Property. The area affected by this Agreement is the improved parking area on the Property. Upon the request of 7700, the area affected by this Agreement shall be legally described and recorded as a supplemental agreement,at 7700's sole cost and expense,to specifically describe the area of the maintenance easement. 2. Reimburse Cost. 7700 agrees that it will reimburse the City for the cost of all such activities based upon the City's normal charge rate for such activities. In the event of any necessary maintenance or repair work which is estimated to exceed • per manhole, the City shall give Ai t 7700 notice of the need for such work and 7700 shall have fifteen days from the date of such notice to secure performance of the work by a third party. 3. Indemnity. The City hereby indemnifies, and agrees to hold harmless, 7700, its officers, agents and employees from any damage or personal injury of whatever nature occasioned by or arising out of negligence or willful misconduct by the City in exercising its rights hereunder, subject to applicable immunities, defenses and liability limits under Minnesota Statutes chapter 466. 4. Entire Agreement. This Agreement constitutes the entire agreement between the parties hereto regarding the subject matter contained herein and supersedes all prior agreements, arrangements and understandings written or oral. 5. Severability. If any provision of this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions shall nevertheless continue in full force and effect without being impaired or invalidated in any way. 388763v1 CAH RCI60.4 2 • 6. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Minnesota. 7. Recording. 7700 shall place this Agreement,or a memorandum thereof,of record in the land records of the County where the Property is located within 20 days following its execution by the parties. 8. Counterparts. This Agreement may be executed in one or more counterparts, each of which, when so executed and delivered, shall be an original, but together, shall constitute one and the same instrument. IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and year first above written. [signature pages follow] THIS INSTRUMENT DRAFTED BY: Kennedy&Graven, Chartered(CAH) 470 U.S. Bank Plaza 200 South Sixth Street Minneapolis,MN 55402 (612)337-9300 388763v1 CAH RCI60-4 3 SIGNATURE PAGE—7700 NICOLLET,LLC 7700 NICOLLET,LLC I M STATE OF MINNESOTA ) ) SS. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this A day of Ali/st , 2011 by John D. Gross,the manager of 7700 Nicollet,LLC,a Minnesota limited liabiliy company, on behalf of the company. Notary Public alkatilittalt A - • 388763v1 CAH RC160-4 4 SIGNATURE PAGE—CITY OF RICHFIELD CITY OF RICHFIELD By Its Mayor By Its City Manager STATE OF MINNESOTA ) ) SS. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of , 2011 by Debbie Goettel, the Mayor of the City of Richfield, a Minnesota municipal corporation, on behalf of the corporation. Notary Public STATE OF MINNESOTA ) ) SS. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of ,2011 by Steven L. Devich,the city manager of the City of Richfield, a Minnesota municipal corporation, on behalf of the corporation. Notary Public 388763vI CAFI RCI60-4 5 SF _ to EXHIBIT A Lot 1,Block 7,"R. C. SOENS ADDITION",Hennepin County,Minnesota 388763v1 CAH RC160-4 AGENDA SECTION: CONSENT AGENDA ITEM# 5G REPORT# 165 STAFF REPORT CITY COUNCIL MEETING AUGUST 9, 2011 REPORT PREPARED BY: BETSY OSBORN, SUPPORT SERVICES DIVISION MANAGER NAME,TITLE DEPARTMENT DIRECTOR REVIEW: l� SIGNATUI REVIEWED BY CITY ' 411111S • - a.MANAGER: F y/ ITEM FOR COUNCIL CONSIDERATION: Consideration of the request for a temporary food license and a temporary on-sale liquor license for the Church of St. Peter's Pig Roast to be held August 20, 2011. I. RECOMMENDED ACTION: By Motion: Approve a temporary food license and a temporary on- sale liquor license for the Church of St. Peter's Pig Roast to be held on August 20, 2011. II. BACKGROUND On July 20, 2011, the Church of St. Peter submitted a request for a temporary food license and a temporary on-sale liquor license for their Pig Roast to be held August 20, 2011. The required licensing fees have been received. The event will take place from 5:30 p.m. to 10:00 p.m. The Church of St. Peter has hired Divine Swine to handle the preparation and service of food for this event. They will be providing such items as pork, green beans, mashed potatoes, cookies and buns. The Church of St. Peter will be preparing and providing coleslaw and milk, which will be prepared immediately before food service and will be prepared in the church's kitchen. The Church of St. Peter has contacted food sanitarians from the City of Bloomington to ensure that proper food handling practices are followed. In addition, the City of Bloomington has been in contact with Divine Swine who has also agreed to work with 080911 St. Peter's Pig Roast Licenses Bloomington sanitarians and follow their recommendations for safe and wholesome food handling. Liquor Liability insurance coverage has been provided, showing The Catholic Mutual Relief Society affording the coverage. The Public Safety Department received no complaints regarding this type of event for previous years. The City has previously issued these licenses to The Church of St. Peter. III. BASIS OF RECOMMENDATION A. POLICY • The applicant has complied with the City codes pertaining to these licenses. B. CRITICAL ISSUES • Necessary fees have been paid and insurance coverage has been provided. C. FINANCIAL • All licensing fees for this event have been received. D. LEGAL • N/A E. ENVIRONMENTAL CONSIDERATIONS • N/A IV. ALTERNATIVE RECOMMENDATION(S) • Deny the request. However, the Public Safety Department has not found any basis for a denial. In addition, the Council has previously granted similar licenses to the Church of St. Peter. V. ATTACHMENTS • N/A VI. PRINCIPAL PARTIES EXPECTED AT MEETING • Church of St. Peter staff/representative AGENDA SECTION: CONSENT AGENDA ITEM# 5H REPORT# 166 =Ad STAFF REPORT RICHFIELD CITY COUNCIL MEETING 11 AUGUST 9, 2011 REPORT PREPARED BY: TODD SANDELL, DEPUTY DIRECTOR/DEPUTY CHIEF NAME,TITLE DEPARTMENT DIRECTOR El if REVIEW: wow SIGNATURE FA REVIEWED BY CITY ['� 111110-%'_ -Alia ,‘111111 ' 4 MANAGER: , ITEM FOR COUNCIL CONSIDERATION: Council approval of resolution accepting contributions for police events and programs. I. RECOMMENDED ACTION: By Motion: Approve the attached resolution allowing the acceptance of monetary support solicited for Public Safety/Police in support of Richfield Safety Day and unsolicited from the Residential Mortgage Group. II. BACKGROUND Throughout the year, donations are received from various agencies, businesses and private individuals when the Department has special events or programs planned. Some of the events are annual and donations are solicited for, such as Safety Day. Other donations are made through programs or grants from agencies for specific areas. A list of the donations and designated programs for the first half of 2011 is attached. 080911 Various Donations to Department III. BASIS OF RECOMMENDATION A. POLICY • Minnesota Statute 465.03 requires that every acceptance of a grant or devise of real or personal property on terms prescribed by the donor be made by resolution of more than two-thirds majority of the City Council. • The Administrative Services Department issued a memo on November 9, 2004 requiring that all grants and restricted donations to departments be received by resolution and passed by more than two- thirds majority of the City Council in accordance with Minnesota Statute 465.03. B. CRITICAL TIMING ISSUES • Donations have been received and applied to the designated areas as indicated by the donors. C. FINANCIAL • Financial donations have been deposited in the funds supporting the designated programs. D. LEGAL • N/A E. ENVIRONMENTAL CONSIDERATIONS • N/A IV. ALTERNATIVE RECOMMENDATION(S) • Monetary donations would have to be returned to the agency/business/individuals if Council does not adopt the resolution. V. ATTACHMENTS • Resolution approving acceptance of donations. • and specified areas for the donation to be applied. of donations p pp lied. VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None 514 RESOLUTION NO. RESOLUTION AUTHORIZING RICHFIELD PUBLIC SAFETY/POLICE TO ACCEPT DONATIONS FROM THE LISTED AGENCIES, BUSINESSES AND PRIVATE INDIVIDUALS FOR DESIGNATED USES WHEREAS, the Public Safety Department/Police Division, through its Director, received checks from the following for Safety Day, as well as a check for $100 from Residential Mortgage Group in the name of Ms. Paula Maire; and, Richfield Bloomington Credit Union Laundro Max Best Buy Richfield Rotary Richfield American Legion & Auxiliary (#435) JCPP and, WHEREAS, Minnesota Statute requires every acceptance of a grant or devise of real or personal property on terms prescribed by the donor be made by resolution of more than two-thirds majority of the City Council; and, WHEREAS, the donated funds will be used towards the designated events sponsored by Richfield Police. NOW, THEREFORE, BE IT RESOLVED that the Director of Public Safety will accept the donations to be placed in the accounts as specified. Adopted by the City Council of the City of Richfield, Minnesota this 9th day of August 2011. Debbie Goettel, Mayor ATTEST: Nancy Gibbs, City Clerk CASH OR CHECKS RECEIVED 2011 NAME INDIVIDUAL OR BUSINESS AMOUNT DESIGNATION Richfield/Bloomington Credit Union $ 500 Safety Day Laundro Max $ 400 Safety Day Best Buy $ 500 Safety Day Richfield Rotary $ 550 Safety Day Richfield American Legion & Auxiliary (#435) $ 100 Safety Day JCPP $ 125 Safety Day $2,175 Residential Mortgage Group $ 100 Police Dept. ("Refer A Friend. Build Your Community Program" in the Name of Paula Maire, resident) AGENDA SECTION: PUBLIC HEARINGS AGENDA ITEM# 7 REPORT# 167 radii STAFF REPORT RICHFIELD CITY COUNCIL MEETING AUGUST 9, 2011 REPORT PREPARED BY: CHRIS LINK, OPERATIONS MANAGER STREETS/FORESTRY NAME,TITLE DEPARTMENT DIRECTOR REVIEW: REVIEWED BY CITY f MANAGER: iWAWIGNA7u l`, ITEM FOR COUNCIL CONSIDERATION: Public hearing regarding the special assessment roll for removal of diseased trees from private property for work ordered in 2010. I. RECOMMENDED ACTION: Conduct and close the public hearing and by motion: Approve the attached resolution adopting the assessment for removal of diseased trees from private property for work ordered from January 1 through December 31, 2010. II. BACKGROUND The City of Richfield has an aggressive diseased tree removal policy. This policy includes time limits for diseased tree removals. This is needed to maintain a healthy and attractive environment. Occupied Properties Property owners of diseased trees have four options available for private tree removal: 1. Remove the tree themselves. 2. Hire and pay their own contractor. 3. Hire the City's contractor and pay for the removal. 080911 TreeAssess 4. Request the cost of the tree removal be assessed against their property tax. In the period from January 1, 2010 through December 31, 2010, twenty-two (22) property owners chose the fourth option and requested that the cost of the tree removal be assessed. Vacant Properties Forestry staff makes all available efforts to contact property owners prior to ordering a removal. In cases were the property is vacant and no owner can be found, removals must be ordered when trees have passed the removal time limit or become hazardous. During the same time period removals were ordered at four properties after repeated attempts were made to contact the property owners. These properties are: • 1409 E 69th St • 6639 Oakland Ave • 7101 17th Ave • 7538 11th Ave The total amount to be assessed is $39,224.94. On July 12, 2011, City Council scheduled this public hearing regarding this assessment roll. III. BASIS OF RECOMMENDATION A. POLICY • Most work has been done with prior approval from the affected residents. • Forced removals are sometimes necessary consistent with Richfield's Diseased Tree Removal Policy. • The proposed assessment was properly filed with the City Clerk. • The Public Hearing Notice was published in the official newspaper on July 21, 2011. • Notices of the assessment hearing were mailed to the owner of each parcel described in the assessment roll on July 18, 2011 meeting the two-week notification requirement. B. CRITICAL TIMING ISSUES • On or before September 1st of each year, the City shall list the total unpaid charges for current services against each separate lot or parcel to which they are attributable under Section 825 of the City Code. C. FINANCIAL • The costs to be assessed for the removal of Dutch Elm diseased trees on private property for work ordered during the period January 1, 2010 through December 31, 2010 have been determined to be $39,224.94. • City ordinance provides that special assessments for current services may be certified to the County Auditor for collection along with taxes. This certification may provide that the assessments be completely paid in the first year or in annual installments. It is recommended such payments be due and payable over a five-year period due to the increased cost of removals. • No interest will be charged if the entire assessment is paid before November 15, 2011. After that date, the City has the right to charge interest on the amount assessed in that the City provided the funds for the initial expense. It is recommended that the interest rate be established at six percent (6%). D. LEGAL • No legal issues are apparent at this time. The City Attorney will be in attendance at the Council meeting should a legal question arise. E. ENVIRONMENTAL CONSIDERATIONS • None. IV. ALTERNATIVE RECOMMENDATION(S) • Council may revise the special assessment roll as deemed necessary following the public hearing. V. ATTACHMENTS • Resolution • Assessment Roll • Notice of Assessment Hearing mailed to residents • Comments from residents to be presented at Public Hearing VI. PRINCIPAL PARTIES EXPECTED AT MEETING • John Suter(resident on assessment roll) RESOLUTION NO. 10542 RESOLUTION DECLARING COSTS TO BE ASSESSED AND ORDERING PREPARATION OF PROPOSED ASSESSMENT FOR REMOVAL OF DISEASED TREES FROM PRIVATE PROPERTY FOR THE PERIOD OF JANUARY 1, 2010 TO DECEMBER 31, 2010. WHEREAS, costs have been determined for the removal of diseased trees from private properties in the City of Richfield and the expenses incurred or to be incurred for such work ordered during the period of January 1, 2010 through December 31, 2010 amount to $37,646.94. Address PID # Amount 1001 E. 69th St 26-028-24-34-0053 $2,413.69 1409 E. 69th St 26-028-24-43-0003 $1,728.00 1536 E. 66th St 26-028-24-14-0107 $1,392.00 1537 E. 66th St 26-028-24-41-0003 $1,255.78 6314 17th Ave. S. 26-028-24-11-0045 $1,000.00 6408 3rd Ave. S. 27-028-24-13-0018 $700.00 6501 Lyndale Ave. S. 27-028-24-23-0079 $363.00 6515 James Ave. S. 28-028-24-24-0126 $2,700.00 6619 Irving Ave. S. 28-028-24-31-0090 $2,105.32 6638 Columbus Ave. S. 26-028-24-32-0009 $1,687.50 6639 Oakland Ave. S. 26-028-24-32-0026 $818.72 6812 14th Ave. S. 26-028-24-43-0044 $928.00 6908 Upton Ave. S. 29-028-24-43-0144 $587.81 6914 Nicollet Ave. S. 27-028-24-34-0067 $961.87 7005 Columbus Ave. S. 35-028-24-22-0086 $2,996.25 7011 Columbus Ave. S. 35-028-24-22-0087 $700.00 7101 17th Ave. S. 35-028-24-11-0043 $872.00 7033 Newton Ave. S. 33-028-24-22-0031 $1,692.00 7120 Newton Ave. S. 33-028-24-22-0100 $928.00 7315 Knox Ave. S. 33-028-24-24-0052 $1,708.00 7427 13th Ave. S. 35-028-24-42-0008 $3,050.00 7428 Bryant Ave. S. 33-028-24-41-0047 $650.00 7429 Bryant Ave. S. 33-028-24-41-0034 $2,450.00 7544 Aldrich Ave. S. 33-028-24-41-0139 $775.00 7538 11th Ave. S. 35-028-24-31-0039 $2,130.00 7601 Grand Ave. S. 34-028-24-33-0017 $1,054.00 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield, Minnesota: 1. Such proposed assessment roll, in the amount of$37,646.94, is hereby accepted and shall constitute the special assessment against the lands named herein, and each tract of land therein included is hereby found to be benefited by the proposed current services in the amount of the assessment levied against it. 2. Such assessment shall be payable in no more than five annual installments and shall bear interest at the rate of six (6%) percent from the date of adoption of this assessment resolution. 3. The owner of any property so assessed may, at any time prior to certification of the assessment to the County Auditor, pay the whole of the assessment on such property to the City's Assessing Division, and may at any time thereafter, pay to the City's Assessing Division the entire amount of the assessment remaining unpaid, with interest accrued to December 31st of the year in which such payment is made. Such payment must be made before November 15th or interest will be charged through December 31st of the next succeeding year. 4. The City Clerk shall forthwith transmit a certified duplicate of this assessment roll to the County Auditor to be extended on the property tax lists of the County and such assessments shall be collected and paid over in the same manner as other municipal taxes. Adopted by the City Council of the City of Richfield, Minnesota this 9th day of August, 2011. Debbie Goettel, Mayor ATTEST: Nancy Gibbs, City Clerk 7 - 3 mL. ,_ c_ pL- p -pm c �- o - G) CO 5: -0 a r 3 v IZ N 7 Q co < o- v v n R s q m z x c' n a n c° M D > > ,< o < m C-p c �, �-r c m 6 -, m- d = ty 0 LP r = a 07 D W 7C CD- of '`J '� < D Z 90 fD C=1 m ate' `* ' n m F.,?.. * -0 P c to Sp m F-- 'n v o fp �p y o- 3 N s - a m cn m n m Q° o ? * 0 m - .+ v o o m m w 93 o > z » a T m -0 F = v -< m = m r Z m s m ' 3 y.5.-I - 3 6 GI D c_ v W m = o Prn G) 3 r� W CD ca)CD 3> fD 3 CD D m z r- C) i Date PIN Name Address City/State/Zip NOTICE OF ASSESSMENT HEARING NOTICE OF HEARING ON PROPOSED ASSESSMENT FOR CERTAIN SERVICES OF THE CITY FOR REMOVAL OF DISEASED TREES ON PRIVATE PROPERTY (JANUARY 1, 2010 - DECEMBER 31, 2010) NOTICE IS HEREBY GIVEN that the Richfield City Council will hold an assessment hearing on the date and at the time and place given below, to pass upon the proposed assessment for the removal and disposal of diseased trees on private property. DATE, TIME AND PLACE OF HEARING: August 9, 2011, at 7:00 p.m. or as soon thereafter as the matter can be reached on the agenda, at Richfield City Hall, 6700 Portland Avenue South, Richfield, Minnesota 55423. NATURE OF IMPROVEMENT AND AREA TO BE ASSESSED: Costs incurred for removal of diseased trees from private property with the consent and approval of the property owners for work ordered from the City of Richfield, January 1, 2010 through December 31, 2010. The City proposes to assess the costs for this work, which totaled $39,224.94. THE SPECIAL ASSESSMENT TO YOUR PROPERTY IS: $ . Payment can be made after the assessment is adopted and before November 15, 2011 at the City of Richfield Assessor's office,6700 Portland Avenue, Richfield, MN 55423. Please make your check payable to the City of Richfield. THIS IS THE ONLY NOTICE YOU WILL RECEIVE OF THIS ASSESSMENT. NO SEPARATE BILLING WILL OCCUR. A copy of the proposed assessment roll is on file for public inspection at the City Clerk's office, 6700 Portland Avenue South, Richfield, Minnesota. 7 - 5 PAYMENT OF ASSESSMENT: You may pay your assessment at any time after the assessment has been adopted by presenting a check to the City Treasurer at the Assessor's office, 6700 Portland Avenue South, Richfield, Minnesota 55423. Unpaid assessments accrue interest at the rate of six percent (6%) per year. The amount of interest payable depends upon when your payment is made, and the following deadlines apply: Payment within 30 days of adopted assessment: If the original principal amount of the assessment is $300 or more, you may make a partial prepayment of $100 or more within 30 days from the date the Council adopts the assessment, scheduled for August 12, 2011. No interest will be charged on the prepaid portion. Partial prepayments are not allowed after the 30-day period. The unpaid balance will be spread over the life of the adopted assessment. Six percent (6%) interest will not be charged if the entire assessment is paid before November 15th. Payment on or after November 15, 2011: Tree assessments are spread over 5 years. Interest at the rate of six percent (6%) will be charged, calculated from the date of adoption of the assessment until the date of payment. Interest is calculated for 17 months on the first year of the assessment and 12 months thereafter. There is a $1.50 surcharge per year over the 5 year life of the assessment when certified to the property tax. Questions regarding the assessment payment procedure should be directed to Debbie Guiher at 612-861-9710. DEFERRED ASSESSMENTS: Under Minnesota Stat. Secs. 435.193 to 435.195, the Council may, in its discretion, defer the payment of this special assessment for any homestead property owned by a person who meets certain age or disability restrictions and for whom it would be a hardship to make the payments. The policy and procedure for deferment is set forth in City Resolution No. 9531, which may be obtained from the City Clerk. When deferment of the special assessment has been granted and is terminated for any reason provided in law, all amounts accumulated plus applicable interest become due. Any assessed property owner meeting the requirements of the law and the resolution may, within 30 days of the confirmation of the assessment, apply to the City Clerk for the prescribed form for deferral of this special assessment. HEARING PROCEDURE AND OBJECTIONS: The City Council will conduct a public hearing on the proposed assessment on the date and time listed. Written and oral objections will be considered at the meeting, but the Council may consider any objection to the amount of a proposed individual assessment at an adjourned meeting upon further notice to the affected property owners as the Council deems advisable. The Council may adopt the proposed assessment at the same meeting as the hearing. RIGHT TO APPEAL: You have the right to appeal the City Council's adoption of the assessment. To appeal, you must serve notice of an appeal upon the Mayor or City Clerk within 30 days after the adoption of the assessment, and you must also file the notice of appeal with the Hennepin County District Court within ten days after service upon the Mayor or City Clerk. You may not appeal unless you file a written objection, signed by you, with the City Clerk prior to the hearing on August 9, 2011 or present the written objection to the presiding officer at the hearing on August 9. Questions? Questions concerning this assessment amount should be directed to Chris Link, Operations Manager Streets/Forestry @ 612-861-9174. CITY OF RICHFIELD Memorandum DATE: August 9, 2011 TO: Diseased Tree Special Assessment File FROM: Chris Link SUBJECT: Comments on Diseased Tree Removal Special Assessments Chris Link, the Operations Manger of Forestry/Streets of the Public Works Department, received the following comments from owners of property affected by the proposed Special Assessment resolution to be presented to Council on August 9, 2011. SPECIAL ASSESSMENT FOR DISEASED TREE REMOVAL Name: John Suter Address: 7538 11th Ave Phone #: 612-861-2120 Comment: Mr. Suter will be attending the August 9th meeting to dispute the proposed assessment for diseased tree removal. The tree on the property was marked on August 24, 2010 and at the time the property was vacant. The timeline of the removal and sale of the property is as follows: • Tree was to be rechecked by April 15, 2011 • March 31, 2011 Title company searched the property for pending assessments and found none • April 8, 2011- Tree was deemed to be hazardous and was removed. At this time the removal was added to the assessment role. • April 19, 2011- Mr. Suter closed on the property Name: Garnett Franklin Address: 1409 E 69th St Phone #: 612-354-2065 Comment: Ms. Franklin called to dispute the proposed assessment for diseased tree removal. The tree on the property was marked prior to ownership. A title company did complete a property search prior to the sale and the tree assessment was shown on the search. AGENDA SECTION: PUBLIC HEARINGS AGENDA ITEM# 8 REPORT# 168 STAFF REPORT RICHFIELD CITY COUNCIL MEETING AUGUST 9, 2011 REPORT PREPARED BY: MARK HALL, OPERATIONS MANAGER PARKS/FLEET NAME,TITLE DEPARTMENT DIRECTOR / REVIEW: .1/ L ri SIGNATURE REVIEWED BY CITY 5-1( MANAGER: y d _ ITEM FOR COUNCIL CONSIDERATION: Public hearing regarding the attached resolutions pertaining to the annual 77th Street maintenance district assessment process. I. RECOMMENDED ACTION: Conduct and close the public hearing and by motion: 1. Adopt the attached resolution proposing to assess commercial properties in the 77th Street assessment district for costs incurred to maintain the area for 2010. 2. Adopt the attached resolution proposing a similar assessment process to be implemented for 2012. II. BACKGROUND Since the 1988 construction of the short section of 77th Street around the Hampton Inn, the City has been performing special, high-quality maintenance along 77th Street. The special maintenance services include irrigation and weeding and mowing of the landscaping on both sides of the 77th Street wall. The maintenance functions, known as current services, are funded through the maintenance assessment on the 77th Street businesses. Staff is recommending that the City Council approve resolutions that: 1. Assess $64,124.81 against the 77th Street properties for work done in 2010. 2. Propose a similar assessment process for 2012. 080910-77th0911 assess III. BASIS OF RECOMMENDATION A. POLICY • Resolution No. 7405, adopted in 1988, established a policy for assessing the costs. • Staff has calculated the proper amounts to be assessed against every assessable lot, piece or parcel of land specially benefited. The proposed assessment was properly filed with the City Clerk. • Notice of the public hearing for the proposed maintenance costs in 2010 was mailed to all owners of commercial property in the area and was published in the official newspaper July 21, 2011, as required by law. B. CRITICAL TIMING ISSUES • On or before September 1 of each year, the City shall list the total unpaid charges for current services against each separate lot or parcel to which they are attributable under section 825 of the City Code. C. FINANCIAL • Total cost for 77th Street Maintenance is $64,124.81 for 2010. • Estimated and actual costs for the 77th Street maintenance services from 1998 - 2010 are: Year Estimate Actual 1998 $74,765 $54,629.54 1999 $80,000 $76,674.70 2000 $80,000 $70,594.20 2001 $85,000 $78,884.49 2002 $80,000 $75,490.39 2003 $80,000 $59,831.07 2004 $80,000 $63,842.79 2005 $80,000 $64,841.54 2006 $80,000 $69,606.52 2007 $80,000 $77,441.46 2008 $80,000 $77,000.01 2009 $80,000 $62,894.55 2010 $80,000 $64,124.81 2011 $80,000 • City ordinance provides that special assessments for current services may be certified to the County Auditor for collection along with taxes. It is the staff recommendation that such payments be due and payable within the first year, rather than in installments. The City has the right to charge interest on the amount assessed in that the City provided the initial funds for the services. It is also staff's recommendation that the interest rate be established at six percent (6%). Payment may be made by the assessed owner before November 15, 2011 in order to avoid interest payments. Payments made after that date would include the interest payment. • The estimated maintenance cost for the period January 1 through December 31, 2011 is $80,000. All commercial properties would be assessed on a square foot basis. All residential properties, plus the two churches in the area, would be exempt from the special assessment levy. D. LEGAL • The City Council scheduled a public hearing for August 9, 2011 on the assessment for the cost of maintenance services performed in the 77th Street Project area for 2010 and to consider the establishment of a special assessment district for maintenance service costs for 2012. • The City Attorney will be in attendance at the Council meeting should a legal question arise. E. ENVIRONMENTAL CONSIDERATIONS • None. IV. ALTERNATIVE RECOMMENDATION(S) • Council may make any changes to the assessment roll as a result of the public hearing by adding the phrase "and has amended such proposed assessment as it deems just." V. ATTACHMENTS • Resolution adopting assessments for 77th Street Maintenance in 2010 • Resolution proposing to specially assess for current services for 2012. • The 2010 assessment roll • The 2012 assessment roll • Copy of letter sent to property owners • Graphic displaying 77th Street special assessment district. VI. PRINCIPAL PARTIES EXPECTED AT MEETING • City staff has been available during business hours and at City Hall immediately prior to the public hearing to answer questions and concerns of property owners regarding the 2010 special assessment. Ili RESOLUTION NO. RESOLUTION ADOPTING ASSESSMENT ON 77TH STREET MAINTENANCE FOR THE PERIOD JANUARY 1 - DECEMBER 31, 2010 WHEREAS, pursuant to proper notice duly given as required by law, the council has met and passed upon all objections to the proposed assessment for current services related to maintenance of the 77th Street Redevelopment Project, which is approximately bounded east of I-35W and west of Cedar Avenue. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield, Minnesota as follows: Such proposed assessment roll in the total amount of$64,124.81 is hereby accepted and shall constitute the special assessment against the lands named therein, and each tract of land therein included is hereby found to be benefited by the proposed current services in the amount of assessment levied against it. Such assessment shall be payable before or during 2011 and shall bear interest at the rate of six percent (6%) from the date of adoption of this assessment resolution. The owner of any property so assessed may, at any time prior to certification of the assessment to the County Auditor, pay the whole of the assessment on such property to the City's Finance Division and may, at any time thereafter, pay to the City's Finance Division the entire amount of the assessment remaining unpaid, with interest accrued to December 31 of the year in which payment is made. Such payment must be made before November 15 or interest will be charged through December 31 of the succeeding year. The City Clerk shall forthwith transmit a certified duplicate of this assessment roll to the County Auditor to be extended on the proper tax lists of the County and such assessment shall be collected and paid over in the same manner in other municipal taxes. Passed by the City Council of the City of Richfield, Minnesota, this 9th day of August 2011. Debbie Goettel, Mayor ATTEST: Nancy Gibbs, City Clerk 24 -01 RESOLUTION NO. RESOLUTION ORDERING UNDERTAKING OF CURRENT SERVICE PROJECT 77TH STREET PROJECT AREA JANUARY 1 THROUGH DECEMBER 31, 2012 WHEREAS, pursuant to ordinance, the City Council of the City of Richfield did establish a special assessment district and did propose that certain current services be undertaken by the City in the 77th Street Project Area, approximately bounded by I-35W, 77th Street, 1-494 and Cedar Avenue and that the cost of such services be specially assessed against benefited property, and WHEREAS, the City Council of the City of Richfield did also by such resolution set the date of the public hearing on the undertaking of such current service project and the levying of special assessment to bear the cost thereof, and WHEREAS, following due notice, such public hearing was held on August 9, 2011 at which time all interested parties desiring to be heard were given an opportunity to be heard. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield, Minnesota as follows: 1. That the following examples of current services of the City shall be undertaken by the City within the 77th Street Project Area, which area constitutes the special assessment district with the exception of residential properties, plus the two churches in the area, with the cost of such services to be specially assessed against the benefited property within the district: a. Snow, ice or rubbish removal; b. Weed elimination; c. Elimination or removal of public health or safety hazards from private property, excluding any structure included under the provisions of Minnesota Statutes Section 463.15 to 463.26; d. Street sprinkling or other dust treatment of streets; e. Trimming and care of trees and the removal of unsound trees; f. Repair of sidewalks, crosswalks and other pedestrian walkways; g. Operation of the street lighting system; h. Maintenance of landscaped areas and other public amenities on or adjacent to street rig ht-of-way; i. Snow removal and other maintenance of streets; j. General maintenance, including repairs and replacement. 2. The work to be performed may be by day labor, by City force, by contract or by any combination thereof. 3. The designated period of the project shall be from January 1 through December 31, 2012. Costs of the project shall be in the manner provided in the Richfield Ordinance Code. Passed by the City Council of the City of Richfield, Minnesota this 9th day of August, 2011. Debbie Goettel, Mayor ATTEST: Nancy Gibbs, City Clerk g -3 CO W W CO W W W W 0) CO W W W W CO W W W CO W -I r K A A A 41'. A A W W W W (Ca W W (la W W Ca) W G) W a) N - O O O O O O O O O O O O O O O O O O Zl N N N N N N N) N N) N) N) N N) N N N) N) N N N) N ` O CO 0) 00 CO 03 00 co 00 W CO 03 00 00 Co 0) W CO 00 CO 00 . 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"‹ O -Ci m z n m = -z< -< 0 (D II) p -1 ccn I m C) 57 O cn S O O --I Q Z "0- r D - r * 73 0 O r r rn c) 0 0 ;U s' < I • O Z '< 'n M (Q v CO V) �, �, to en > o co O <n �V O N ((0 -4 N W O W O co U7 U1 O A U7 U7 O O co O W V A N (0 W W 0 0 0 A ∎I C) 0 01 N A CO W V W (0 c O - A W A 0 C) 0 0) v ((71 0 m (N11 v --II > 0 <A <n <A <A <n <n <n <A <n <n <n <n <n <n <n 0 0 0 O O 0 0 0 0 0 0 0 O 0 0 o 0 O O 00 O O O O O O O O O bb z 0 0 0 o O o o O o O o o O o O <n a EA j9 <j <n - 0 03 O (V(,nn O N ((0 IV W O W O 0) (fin Ul -I O O A v m O 0 (071 co A. CO W CO 00) CO W O1 0 W A m CD 0) 0) V (On 0 m 01 J r _ 1 W W A U1 A co U1 O A A 41. N N 0) P 0 0 W a O 0) -4 A -co P D OO V A A U1 A IV A O O N J U) b oo V O V . co (n V O A 61 co (n N (13 N W W U1 A N co O cn v N co N N 0 to O O O O O O O O O 0 0 0 0 0 0 m (D W O O O O O O O O O O O O O 0 H A 6700 Portland Avenue • Richfield, Minnesota 55423-2599 Date Name Address RICHFIELD MN 55423- Property ID: Property Address: NOTICE OF ASSESSMENT HEARING NOTICE OF HEARING ON PROPOSED ASSESSMENT FOR CERTAIN SERVICES OF THE CITY WITHIN THE 77TH STREET REDEVELOPMENT AREA FROM JANUARY 1, 2010 - DECEMBER 31, 2010 NOTICE IS HEREBY GIVEN that the Richfield City Council will hold an assessment hearing on the date and at the time and place given below, to pass upon the proposed assessment for the maintenance of the 77th Street Redevelopment area in the City. DATE, TIME AND PLACE OF HEARING: August 9, 2011, at 7:00 p.m. or as soon thereafter as the matter can be reached on the agenda, at Richfield City Hall, 6700 Portland Avenue South, Richfield, Minnesota 55423 NATURE OF IMPROVEMENT AND AREA TO BE ASSESSED: From January 1, 2010 through December 31, 2010, the City of Richfield incurred costs for maintenance of the 77th Street area, including such work as landscape maintenance of common properties, including mowing, fertilizing, irrigation repair and other maintenance services. The City proposes to assess the costs for maintenance in the 77th Street project area, which totaled $64,124.81, against the properties that benefited from this work. PROPOSED AMOUNT OF ASSESSMENT: The total amount to be assessed against all properties is $64,124.81. The amount to be assessed against your particular property is: $XXXX.xx. Payment can be made after the assessment is adopted and before November 15, 2011 at the City of Richfield Assessor's office, 6700 Portland Avenue, Richfield, MN 55423. Please make your check payable to the City of Richfield. A copy of the proposed assessment roll is on file for public inspection at the City Clerk's office, 6700 Portland Avenue South, Richfield, Minnesota. THIS IS THE ONLY NOTICE YOU WILL RECEIVE OF THIS ASSESSMENT. NO SEPARATE BILLING WILL OCCUR. PLEASE DO NOT MAIL PAYMENT BEFORE THE ASSESSMENT HEARING ON AUGUST 9, 2011. Telephone (612)861-9700 • Fax(612) 861-9749 R $ - I 9-- PAYMENT OF ASSESSMENT: You may pay your assessment at any time after the assessment has been adopted by presenting a check to the City Treasurer at the Assessor's office, 6700 Portland Avenue South, Richfield, Minnesota 55423. Unpaid assessments accrue interest at the rate of six percent (6%) per year. The amount of interest payable depends upon when your payment is made, and the following deadlines apply: Payment within 30 days of adopted assessment: If the original principal amount of the assessment is $300 or more, you may make a partial prepayment of $100 or more within 30 days from the date the Council adopts the assessment, scheduled for August 9, 2011. No interest will be charged on the prepaid portion. Partial prepayments are not allowed after the 30-day period. The unpaid balance will be spread over the life of the adopted assessment. Six percent (6%) interest will not be charged if the entire assessment is paid before November 15th Payment on or after November 15, 2011: Interest at the rate of six percent (6%) will be charged, calculated from the date of adoption of the assessment until the date of payment. Interest is calculated for 17 months on the first year of the assessment and 12 months thereafter. There is a $1.50 surcharge per year over the life of the assessment when certified to the property tax. Questions regarding the assessment payment procedure should be directed to Debbie Guiher at 612-861-9710. DEFERRED ASSESSMENTS: Under Minnesota Stat. Secs. 435.193 to 435.195, the Council may, in its discretion, defer the payment of this special assessment for any homestead property owned by a person who meets certain age or disability restrictions and for whom it would be a hardship to make the payments. The policy and procedure for deferment is set forth in City Resolution No. 9531, which may be obtained from the City Clerk. When deferment of the special assessment has been granted and is terminated for any reason provided in law, all amounts accumulated plus applicable interest become due. Any assessed property owner meeting the requirements of the law and the resolution may, within 30 days of the confirmation of the assessment, apply to the City Clerk for the prescribed form for deferral of this special assessment. HEARING PROCEDURE AND OBJECTIONS: The City Council will conduct a public hearing on the proposed assessment on the date and time listed. Written and oral objections will be considered at the meeting, but the Council may consider any objection to the amount of a proposed individual assessment at an adjourned meeting upon further notice to the affected property owners, as the Council deems advisable. The Council may adopt the proposed assessment at the same meeting as the hearing. RIGHT TO APPEAL: You have the right to appeal the City Council's adoption of the assessment. To appeal, you must serve notice of an appeal upon the Mayor or City Clerk within 30 days after the adoption of the assessment, and you must also file the notice of appeal with the Hennepin County District Court within ten days after service upon the Mayor or City Clerk. You may not appeal unless you file a written obiection, signed by you, with the City Clerk prior to the hearing on August 9, 2011, or present the written obiection to the presiding officer at the hearing on August 9th. BY ORDER OF THE CITY COUNCIL THIS 12TH DAY OF JULY, 2011. Questions concerning this assessment amount should be directed to Mark Hall, Operations Manager, at 612-861-9173. ( ) =AI , - _ _ _. 00 00 t r ci) ip( . „1 1 (,) _ 1 AIL ZIN -,.. - m /111I z 4111111111 m > o M z 0 m ,y x x (1)J I MI S L j- CI tl 10", 7:1 00 'Efl 1 FEE � ' rn c. I , rni d-L-------- , __, i A� --1 GARFIELD AVE S \ / CO 0 � _ •' HARRIET AVE S I _ GRAND AVE S D N f Z D m m m L i ` ., ^v 2 O T, 2 = 1111111 rn _ ^ 1111111 z __ " y Z 0 r m _ Al rn ni z - 1 ] 0 c u W c m _ z C A 73 ' '1111111 m , n, 0 m Z m liii rf - - ta O tall \ - �• _ ° -_ o - ` C _ -_,v,- F^^ � 11111 a _. --, z CT) AGENDA SECTION: PUBLIC HEARINGS AGENDA ITEM# 9 REPORT# 169 STAFF REPORT RICHFIELD CITY COUNCIL MEETING AUGUST 9, 2011 REPORT PREPARED BY: MARK HALL, OPERATIONS MANAGER PARKS/FLEET DEPARTMENT DIRECTOR Er 4 REVIEW: AA SIGNATU• REVIEWED BY CITY / MANAGER: ITEM FOR COUNCIL CONSIDERATION: Public hearing regarding the attached resolutions pertaining to the annual Lyndale/HUB/Nicollet (LHN) maintenance assessment process I. RECOMMENDED ACTION: Conduct and close the public hearing and by motion: 1. Adopt the attached resolution declaring costs to be assessed and ordering preparation of the proposed assessment roll for 2010 Lyndale/HUB/Nicollet (LHN) Maintenance. 2. Adopt the attached resolution proposing a similar assessment process to be implemented for 2012. II. BACKGROUND The Lyndale/HUB/Nicollet (LHN) maintenance assessment was established to recover extraordinary maintenance expenses in the LHN (Lyndale, Hub, Nicollet) area in 1981. The extraordinary services include irrigation and weeding and mowing of landscaped areas. The LHN Redevelopment Area is approximately bounded by 64th Street, First Avenue, 67th Street and Emerson Avenue. Staff is recommending that the City Council approve resolutions that: 1. Assess $32,459.40 against the LHN properties for work done in 2010. 2. Propose a similar assessment process for 2012. 0809Ihn0911assess At the July 12, 2011 City Council meeting, Council Member Wroge asked if the map had omitted the parcel at 6601 Nicollet Avenue. Staff verified that the parcel had, in fact been omitted. The revised map is attached. III. BASIS OF RECOMMENDATION A. POLICY • Resolution No. 6372, adopted in 1981, established a policy for assessing the costs. • Staff has calculated the proper amounts to be assessed against every assessable lot, piece or parcel of land specially benefited. The proposed assessment was properly filed with the City Clerk. • The City does not assess residential properties for maintenance costs in the LHN maintenance district. • Notice of the public hearing for the proposed maintenance costs in 2010 was mailed to all owners of commercial property in the area and was published in the official newspaper July 21, 2011, as required by law. B. CRITICAL TIMING ISSUES • On or before September 1 of each year, the City shall list the total unpaid charges for current services against each separate lot or parcel to which they are attributable under section 825 of the City Code. C. FINANCIAL Estimated and actual costs for the LHN maintenance services from 1998-2010 were/are: Year Estimated Actual 1998 $49,165 $39,127.73 1999 $50,640 $47,470.80 2000 $45,000 $31,273.61 2001 $50,000 $52,556.06 2002 $50,000 $35,136.62 2003 $52,000 $37,785.67 2004 $50,000 $44,031.39 2005 $50,000 $45,385.31 2006 $50,000 $45,648.56 2007 $50,000 $51,605.29 2008 $50,000 $49,999.99 2009 $50,000 $49,747.02 2010 $50,000 $32,459.40 2011 $50,000 City ordinance provides that special assessments for current services may be certified to the County Auditor for collection along with taxes. It is the staff recommendation that such payments be due and payable within the first year, rather than in installments. The City has the right to charge interest on the amount assessed in that the City provided the initial funds for the services. It is also staff's recommendation that the interest rate be established at six percent (6%). Payment may be made by the assessed owner before November 15, 2011 in order to avoid interest payments. Payments made after that date would include the interest payment. The estimated maintenance cost for the period January 1 through December 31, 2012 is $50,000. All commercial properties would be assessed on the basis of area, with each square foot of assessable property to be assessed equally, for the costs incurred in the maintenance of common areas such as street islands, the civic plaza and sidewalks. Generally, the businesses maintain the property behind the curb. In the event the City must perform this maintenance, the particular business is assessed for the cost of the special, individual maintenance of direct benefit to the given property. D. LEGAL • The City Council scheduled a public hearing for August 9, 2011 on the assessment for the cost of maintenance services performed in the LHN development area for 2010 and to consider the establishment of a special assessment district for maintenance service costs for 2012. • The City Attorney will be in attendance at the Council meeting should a legal question arise. E. ENVIRONMENTAL CONSIDERATIONS • None. IV. ALTERNATIVE RECOMMENDATIONS) • Council may make any changes to the assessment roll as a result of the public hearing by adding the phrase "and has amended such proposed assessment as it deems just." V. ATTACHMENTS • Resolution adopting assessments for 2010 LHN Maintenance • Resolution proposing to specially assess the costs of current services for 2012 • The 2010 assessment roll • The 2012 assessment roll • Copy of letter sent to assessed property owners • Revised Map VI. PRINCIPAL PARTIES EXPECTED AT MEETING • City staff has been available during business hours and at City Hall immediately prior to the public hearing to answer questions and concerns of property owners regarding the 2010 special assessment. I RESOLUTION NO. RESOLUTION ADOPTING ASSESSMENT FOR LYNDALE/HUB/NICOLLET (LHN) MAINTENANCE FOR THE PERIOD JANUARY 1 THROUGH DECEMBER 31, 2010 WHEREAS, pursuant to proper notice duly given as required by law, the Council has met and passed upon all objections to the proposed assessment for current services related to maintenance of the Lyndale/Hub/Nicollet (LHN) Redevelopment Area, which is approximately bounded by 64th Street, First Avenue, 67th Street and Emerson Avenue in the City of Richfield. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield, Minnesota as follows: Such proposed assessment roll, in the total amount of$32,459.40 is hereby accepted and shall constitute the special assessment against the lands named therein, and each tract of land therein included is hereby found to be benefited by the proposed current services in the amount of assessment levied against it. Such assessment shall be payable before or during 2011 and shall bear interest at the rate of six percent (6%) from the date of adoption of this assessment resolution. The owner of any property so assessed may, at any time prior to certification of the assessment to the County Auditor, pay the whole of the assessment on such property to the City's Finance Division, and may, at any time thereafter, pay to the City's Finance Division the entire amount of the assessment remaining unpaid, with interest accrued to December 31 of the year in which payment is made. Such payment must be made before November 15 or interest will be charged through December 31 of the succeeding year. The City Clerk shall forthwith transmit a certified duplicate of this assessment roll to the County Auditor to be extended on the proper tax lists of the County and such assessment shall be collected and paid over in the same manner as other municipal taxes. Passed by the City Council of the City of Richfield, Minnesota, this 9th day of August, 2011. Debbie Goettel, Mayor ATTEST: Nancy Gibbs, City Clerk a RESOLUTION NO. RESOLUTION ORDERING UNDERTAKING OF CURRENT SERVICE PROJECT LYNDALE/HUB/NICOLLET (LHN) MAINTENANCE JANUARY 1 THROUGH DECEMBER 31, 2012 WHEREAS, pursuant to ordinance, the City Council of the City of Richfield did establish a special assessment district and did propose that certain services be undertaken by the City in the Lyndale/HUB/Nicollet Redevelopment Area approximately bounded by 64th Street, First Avenue, 67th Street and Emerson Avenue and that the cost of such services be specially assessed against benefited property, and WHEREAS, the City Council of the City of Richfield did also by such resolution set the date of public hearing on the undertaking of such current service project and the levying of special assessment to bear the cost thereof, and WHEREAS, following due notice, such public hearing was held on August 9, 2011 at which time all interested parties desiring to be heard were given an opportunity to be heard. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield, Minnesota, as follows: 1. That the following examples of current services of the City shall be undertaken by the City within the LHN Redevelopment Project Area, which area constitutes the special assessment district with the exception of single family, two family and multifamily residential properties, with the cost of such services to be specially assessed against the benefited property within the district: a. Snow, ice or rubbish removal; b. Weed elimination; c. Elimination or removal of public health or safety hazards from private property, excluding any structure included under the provisions of Minnesota Statutes Section 463.15 to 463.26; d. Installation and repair of water service lines; e. Street sprinkling or other dust treatment of streets; f. Trimming and care of trees and the removal of unsound trees; g. Repair of sidewalks, crosswalks and other pedestrian walkways; h. Operation of the street lighting system; Maintenance of landscaped areas and other public amenities on or adjacent to street right-of-way; j. Maintenance of civic plaza; k. Snow removal and other maintenance of streets; repair of furniture; and m. General maintenance, including repairs and replacement. 2. The work to be performed may be by day labor, by City force, by contract or by any combination thereof. - 3 3. The designated period of the project shall be from January 1 through December 31, 2011. Costs of the project shall be collected in the manner provided in the Richfield Ordinance Code. Passed by the City Council of the City of Richfield, Minnesota, this 9th day of August, 2011. Debbie Goettel, Mayor ATTEST: Nancy Gibbs, City Clerk q ......u Ni N N N Ni Ni Ni Ni N Ni Ni Ni Ni N.) Ni N N N N N.) N.) —1 r V V V -1.4 V V V V V V V V V V V V ...14 V V V V 0) 4.P o b o 0 0 o O o O o b O b o b b 13 C1) o 0 o O o 0 ,. O Ni N.) Ni Ni Ni N Ni Ni N.) 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O 01m O co co N _ O � A CD N b COD 03 N -4 CO 0 0 0 A A 00) CO)t 60) rD- Ni s A Ni -.1 -J th �• CDD N W CO ,00)) 00)) 00 0-+ CN)0 CO W 0 U) N -4 CO -4 A N W N ZD 0) A W N 'J �I IV O 00 i J NJ .NA 00 CD 0 0 ,000 .COD 0 CO w N CO '`r O 0) N C 0) o A o CO w A 0 p m to - .OA CO 01 00) 0 0 O 0 O O 0 0 b 0 0 0 O O n) 6700 Portland Avenue • Richfield, Minnesota 55423-2599 July 22, 2011 Name Address City, State Property ID: Property address: NOTICE OF ASSESSMENT HEARING NOTICE OF HEARING ON PROPOSED ASSESSMENT FOR CERTAIN SERVICES OF THE CITY WITHIN THE LYNDALE/HUB/NICOLLET REDEVELOPMENT AREA FROM JANUARY 1, 2010 - DECEMBER 31, 2010 NOTICE IS HEREBY GIVEN that the Richfield City Council will hold an assessment hearing on the date and at the time and place given below, to pass upon the proposed assessment of maintenance services to that area known as the Lyndale/Hub/Nicollet (L/H/N) Redevelopment Area in the City. DATE, TIME AND PLACE OF HEARING: August 9, 2011, at 7:00 p.m. or as soon thereafter as the matter can be reached on the agenda, at Richfield City Hall, 6700 Portland Avenue South, Richfield, Minnesota 55423. NATURE OF IMPROVEMENT AND AREA TO BE ASSESSED: From January 1, 2010 through December 31, 2010, the City of Richfield incurred costs for maintenance of the L/H/N area, including such work as landscape maintenance of common properties, including mowing, fertilizing, irrigation repair and other maintenance services. The City proposes to assess the costs for L/H/N maintenance and repair, which totaled $32,459.40 against the properties which benefited from this work. PROPOSED AMOUNT OF ASSESSMENT: The total amount to be assessed against all properties is $32,459.40. The amount to be assessed against your particular property is: $xxx.xx Payment can be made after the assessment is adopted and before November 15, 2011 at the City of Richfield Assessor's office, 6700 Portland Avenue, Richfield, MN 55423. Please make your check payable to the City of Richfield. A copy of the proposed assessment roll is on file for public inspection at the City Clerk's office, 6700 Portland Avenue South, Richfield, Minnesota. THIS IS THE ONLY NOTICE YOU WILL RECEIVE OF THIS ASSESSMENT. NO SEPARATE BILLING WILL OCCUR. PLEASE DO NOT MAIL PAYMENT BEFORE THE ASSESSMENT HEARING ON AUGUST 9, 2011. Telephone (612) 861-9700 • Fax(612)861-9749 PAYMENT OF ASSESSMENT: You may pay your assessment at any time after the assessment has been adopted by presenting a check to the City Treasurer at the Assessor's office, 6700 Portland Avenue South, Richfield, Minnesota 55423. Unpaid assessments accrue interest at the rate of six percent (6%) per year. The amount of interest payable depends upon when your payment is made, and the following deadlines apply: Payment within 30 days of adopted assessment: If the original principal amount of the assessment is $300 or more, you may make a partial prepayment of $100 or more within 30 days from the date the Council adopts the assessment, scheduled for August 9, 2011. No interest will be charged on the prepaid portion. Partial prepayments are not allowed after the 30-day period. The unpaid balance will be spread over the life of the adopted assessment. Six percent (6%) interest will not be charged if the entire assessment is paid before November 15th Payment on or after November 15, 2011: Interest at the rate of six percent (6%) will be charged, calculated from the date of adoption of the assessment until the date of payment. Interest is calculated for 17 months on the first year of the assessment and 12 months thereafter. There is a $1.50 surcharge per year over the life of the assessment when certified to the property tax. Questions regarding the assessment payment procedure should be directed to Debbie Guiher at 612-861-9710. DEFERRED ASSESSMENTS: Under Minnesota Stat. Secs. 435.193 to 435.195, the Council may, in its discretion, defer the payment of this special assessment for any homestead property owned by a person who meets certain age or disability restrictions and for whom it would be a hardship to make the payments. The policy and procedure for deferment is set forth in City Resolution No. 9531, which may be obtained from the City Clerk. When deferment of the special assessment has been granted and is terminated for any reason provided in law, all amounts accumulated plus applicable interest become due. Any assessed property owner meeting the requirements of the law and the resolution may, within 30 days of the confirmation of the assessment, apply to the City Clerk for the prescribed form for deferral of this special assessment. HEARING PROCEDURE AND OBJECTIONS: The City Council will conduct a public hearing on the proposed assessment on the date and time listed. Written and oral objections will be considered at the meeting, but the Council may consider any objection to the amount of a proposed individual assessment at an adjourned meeting upon further notice to the affected property owners, as the Council deems advisable. The Council may adopt the proposed assessment at the same meeting as the hearing. RIGHT TO APPEAL: You have the right to appeal the City Council's adoption of the assessment. To appeal, you must serve notice of an appeal upon the Mayor or City Clerk within 30 days after the adoption of the assessment, and you must also file the notice of appeal with the Hennepin County District Court within ten days after service upon the Mayor or City Clerk. You may not appeal unless you file a written objection, signed by you, with the City Clerk prior to the hearing on August 9, 2011, or present the written objection to the presiding officer at the hearing on August 9th. BY ORDER OF THE CITY COUNCIL THIS 12TH DAY OF JULY, 2011. Questions concerning this assessment amount should be directed to Mark Hall, Operations Manager, at 612-861-9173. I q - j 1---;0 ''''''---...„,.,,, N_ FMF SON AVE S N m c_n I DUPDI b IF *(4/////ift eV r co co, .., . ,fl .: ,, s\_3 RY A -1\) ''. ."4 K ALD Ar ' Z lD O 11 a,.' �� 6sLYNC y 11 m ,N5,,, rot rn h� m1�1 P �' = HARRIET � N. Z ... 1 GRAND F 0 M PLEASANT 0 rn H a) = PILLSBURY AVE S 0 (-) cn Niw= a tTI _ ,,,,, _ 73 Z WENTWORTH AVE S > H ° Z m � I BLAISDELL AVE S > CL H Z o n cri M 'O 0 NICOLLET AVE S I C H I C) 1ST AVE S rA+ I ''''2 1 k 1 1 1 I 1 m AGENDA SECTION: PUBLIC HEARINGS AGENDA ITEM# 10 REPORT# 170 =wall STAFF REPORT RICHFIELD CITY COUNCIL MEETING AUGUST 9, 2011 REPORT PREPARED BY: KRISTIN ASHER, CITY ENGINEER NAME,TITLE DEPARTMENT DIRECTOR Er REVIEW: iii y � II REVIEWED BY CITY + MANAGER: ' ITEM FOR COUNCIL CONSIDERATION: Public Hearing regarding a Five Year Street Reconstruction Plan and the issuance of bonds to finance the reconstruction of 76th Street East of 12th Avenue. I. RECOMMENDED ACTION: Conduct and close the public hearing and by motion: Adopt the attached resolution adopting a street reconstruction plan and authorizing issuance of street reconstruction bonds for the reconstruction of 76th Street East (from 12th Avenue to Cedar Avenue). II. BACKGROUND Funding the Project The City is authorized under Minnesota Statutes to prepare a five-year plan for street reconstruction and to issue general obligation bonds to finance the cost of the reconstruction described in the plan (Street Reconstruction Bonds). Staff has prepared a Five-Year Reconstruction Plan for the purposes of utilizing the Street Reconstruction Bonds to finance the work in place of special assessments. Proposed projects were discussed with the City Council at a study session held on April 26, 2011 and are reflected in the proposed plan. At this time staff is seeking preliminary approval to move forward with financing for the 76th Street East project proposed for 2012 reconstruction. The sale of the bonds would not impact the tax levy until 2013. 08092011 Streets Public Input An Open House was held on August 1, 2011 to share the project details with area residents. Twenty-two people attended the meeting, the meeting handout and comments received are attached. The following items were discussed at the open house: • Proposed street section for 76th Street • Project cost/funding • Public Hearing —August 9, 2011 • Project Schedule (proposed 2012) Additional public input meetings will be held if the project moves forward to the plan development stage. Street Design The newly constructed cross-section west of 12th Avenue would be continued to Cedar Avenue. The new cross-section incorporates the following elements: • Concrete sidewalk on the south side • Boulevards and boulevard trees • Three Rivers Park Regional Trail on north side • On-street concrete bike lanes • Two-lane asphalt roadway III. BASIS OF RECOMMENDATION A. POLICY • In order to utilize Street Reconstruction Bonds, the following must occur: o Creation of a Five Year Street Reconstruction Plan o Public Hearing regarding the Five Year Street Reconstruction Plan and Issuance of Bonds o Adoption of a resolution approving the Plan and giving preliminary approval for the issuance of bonds o City Council must approve the plan and issuance of bonds by a vote of all members present at the meeting. B. CRITICAL TIMING ISSUES • The condition of 76th Street east of 12th Avenue is deteriorating to point of reconstruction. • The public hearing, adoption of the plan and bond issuance, and reverse referendum period need to stay on track in order to provide sufficient time for design and advertising for a 2012 reconstruction. C. FINANCIAL • The adoption of the proposed resolution provides preliminary approval for the issuance of street reconstruction bonds not to exceed $2,150,000 to finance the 76t" Street East project only. • The current estimates for the project are: o Construction $1,500,000 o Engineering $ 250,000 o Contingency $ 262,500 o Bond fees / interest $ 137,500 Total $2,150,000 D. LEGAL • Minnesota Statute requires the City to hold a public hearing on the plan and issuance of the bonds. • All of the members of the City Council present at the meeting must vote to approve the plan and the issuance of the bonds. • The bond issuance is subject to a 30-day reverse referendum period upon approval. • The City Attorney will be available to answer questions. E. ENVIRONMENTAL CONSIDERATIONS • None. IV. ALTERNATIVE RECOMMENDATION(S) • The City Council may choose to postpone the adoption of the proposed resolution and direct staff on how to proceed. However, postponing the adoption may affect the bid prices and/or year of reconstruction. V. ATTACHMENTS • Resolution adopting a street reconstruction plan and authorizing issuance of street reconstruction bonds. • Five Year Street Reconstruction Plan (2012-2016) • Ehlers — July 18, 2011 Analysis of Tax Impact for Potential Borrowing • Open House Information Sheet • Resident Comments VI. PRINCIPAL PARTIES EXPECTED AT MEETING • Area residents. ►o- � CITY OF RICHFIELD RESOLUTION NO. RESOLUTION OF THE CITY OF RICHFIELD ADOPTING A STREET RECONSTRUCTION PLAN AND AUTHORIZING ISSUANCE OF STREET RECONSTRUCTION BONDS BE IT RESOLVED by the City Council of the City of Richfield, Minnesota (the "City"), as follows: Section 1. Background. 1.01. The City is authorized under Minnesota Statutes, Section 475.58, subdivision 3b (the "Act") to prepare a plan for street reconstruction in the City over the next five years that will be financed under the Act, including a description of the proposed work and estimated costs, and to issue general obligation bonds to finance the cost of street reconstruction activities described in the plan. 1.02. Before the issuance of any bonds under the Act, the City is required to hold a public hearing on the plan and issuance of the bonds. 1.03. Pursuant to the Act, the City, in consultation with its City engineer, has caused preparation of a 5-Year Street Reconstruction Plan dated August 9, 2011 (the "Plan"), which describes certain street reconstruction activities in the City for the years 2012 through 2016. The reconstruction activities described in the Plan include the reconstruction of 76t Street East between Cedar Avenue and 12th Avenue in the City (the "76th Street East Project"). 1.04. The City has determined that it is in the best interests of the City to authorize the issuance and sale of street reconstruction bonds pursuant to the Act in the maximum principal amount of $2,150,000 (the "Bonds"). The purpose of the Bonds is to finance the costs of the 76th Street East Project as described in the Plan. 1.05. On this date, the City Council held a public hearing on the Plan and the issuance of the Bonds, after publication in the City's official newspaper of a notice of public hearing at least 10 days but no more than 28 days before the date of the hearing. Section 2. Plan Approved. 2.01. The City Council finds that the Plan will improve the City's street system, which serves the interests of the City as a whole. 2.02. The Plan is approved in the form on file in City Hall. Section 3. Bonds Authorized. 3.01. The City is authorized to issue the Bonds in a maximum principal amount of $2,150,000, in order to finance the 76th Street East Project described in the Plan. City staff, its financial advisor, and its legal counsel are authorized to take all actions needed to call for the sale of the Bonds, subject to the contingency described in Section 3.02 hereof. 3.02. If a petition requesting a vote on the issuance of the Bonds, signed by voters equal to five percent of the votes cast in the last municipal general election, is filed with the City Clerk to - � within 30 days after the date of the public hearing, the City may issue the Bonds only after obtaining approval of a majority of voters voting on the question at an election. The authorization to issue the Bonds is subject to expiration of the 30-day period without the City's receipt of a qualified petition under the Act, or if a qualified petition is filed, upon the approving vote of a majority of the voters voting on the question of issuance of the Bonds. 3.03. City staff are authorized and directed to take all other actions necessary to carry out the intent of this resolution. Adopted by the City Council this 9th day of August, 2011. Debbie Goettel, Mayor ATTEST: Nancy Gibbs, City Clerk RC160-2(JAE) 389193v1 I° +proudly Serving Richfield" =Ad Five Year Street Reconstruction Plan 2012 - 2016 Projects PUBLIC WORKS 76th Street East (2012) Reconstruction of the roadway, including City utility replacement, and replacing the current four-lane roadway with two-lanes, bike lanes, sidewalk, and continuing Three Rivers Park Trail to Cedar Avenue (consistent with streetscape design west of 12th Avenue). Construction $1,500,000 Engineering $ 250,000 15% Contingency $ 262,500 TOTAL $2,012,500 Richfield Parkway Connection (2013) In coordination with the Legion /Taft Lakes Improvement Project, this roadway connection project includes removal of the Taft Lake frontage road and replaces it with a new connection between Bloomington Avenue and Richfield Parkway (17th Avenue) via 63rd Street. North Richfield Parkway (2013 /4) Reconstruction of the existing two-lane roadway between 63rd Street and 65th Street including two vehicular lanes, on-street bicycle lanes, green boulevards, a concrete walkway and an asphalt regional trail section. Approximately 18 homes need to be acquired for the new roadway. 66th Street (2015) Reconstruction of 66th Street (CR53) from Upton Avenue to Richfield Parkway. Including replacement of City utilities where identified, undergrounding of parallel overhead utility lines, and improved bicycle and pedestrian accommodations where feasible. Portland Avenue (2016) Reconstruction of Portland Avenue (CR35) from 62nd Street south to 77th Street. Including implementation of the three-lane section, improved sidewalk conditions, and replacement of City utilities. August 9, 2011 10-y N 0 i , i 0 i 0 i i i , t O 20 00 00 oo 00 C .46> j o N 0 N i co T 0) LO LE) - C N .t. C6 U') CO E N 0 rt a .. Eft Eft Eft Efl Eft (A. 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N 2 N LO W L N ci o O O N in .O CO (/) p N N N N Eft CO c M i_ } N- Eft Eft Eft Eft Eft Eft Eft Eft Eft Eft Eft Eft Eft Eft LL U)) = C C O )) m U> O O 2 m 0_ L O L -o 4^^�`` >- C U t� ^, ^-^,, N 7, rn ra W W O y O N (6 > 'D CL 4= y� Q j L U) ^C^`` LL o_ o Y) E f6 d) N •- N C Q N L U Q O > Ev• N Es _>' ` N > Oi m 0 re O C 4) N C Q CS d a Q m v' N O ~C+ .O N Q 0 p co C C LL CO O O 0 N C < � ca 0_ 0 rrc i O + C +' O ci OO c�I- 22I- 0 a o 16 _S, 00000 0 0EA000 O u O00 U•) 00 0 0 0 CO 0 y° N to } EA ' O O O to ,s.. O) t G N co- • N r d r o EA N o 0 • o N 0 CO a o ) M U i N a) co O = 0 0 ° N t r L 0 0 N 0 0 LL O V U C 0 0 3 U Y cad a) W N N c0 W - m (0 U O (0 0 I,- 0- Ib - lo City Of Richfield, MN Analysis of Tax Impact for Potential Borrowing July 18, 2011 Bond Issue Size $1,000,000 Type of Debt G.O. Bonds Term 20 Years Est. Tax Capacity Rates (debt only) Net Tax Capacity(Pay 2011) 24,776,100 2011 Max Annual Levy Increase(+ 5.00%) $77,482 City Tax Rate Increase in Tax Rate 0.312729% 54.983 Taxable Estimated Increase City Market in Taxes for Percentage Type of Property Value Debt Service Only Increase 125,000 3.91 0.57% Residential 150,000 4.69 0.57% Homestead 175,000 5.47 0.57% 200,000 6.25 0.57% Prepared by Ehlers f 76th Street East (12th to Cedar) Reconstruction Funding Project Estimate: $2,150,000 Proposing to use Street Reconstruction Bonds (General Obligation Bonds / 20 year term) Estimated Property Impact: For $2,000,000 Bond Issue Type of Property Taxable Estimated Annual Increase in Market Value Taxes for Debt Service Only $ 125,000 $ 7.82 Residential Homestead $ 150,000 $ 9.38 $ 175,000 $ 10.94 $ 200,000 $ 12.50 July 18, 2011 Ehlers Street Reconstruction Bond Process 1. Complete Five-Year Street Reconstruction Plan 2. Hold Public Hearing 3. 30 day Reverse Referendum Period 4. Advertise Project to Contractors 5. Construct Project Proposed Schedule August 1, 2011 Public Open House August 9, 2011 Public Hearing City Council Considers Project September 10, 2011 Reverse Referendum Period Ends September 2011 Prepare Design Plans through February 2012 April 2012 Construction Starts Public Hearing As part of the regular City Council Meeting, a public hearing will be held on the proposed reconstruction project and funding. Tuesday, August 9, 2011 7:00 p.m. - Meeting Begins Richfield City Hall 6700 Portland Avenue All comments collected at tonight's meeting will be shared with the City Council prior to the public hearing and included in the public hearing record. August 1,2011 - ■ - I 1 r..,.. 5 oo m co "41 r4-..---; (7; ,.. i g-4-t ro ' 70 0 \ ,.... 1 I s■ %\ s I i . 1 ' . s P ; nom ii ,,, q 1*I - \ A i moo --• .., _ • i • (ill --• ' i 1 - • • )-- 1 - -4111F ' co cp ...- - _ \-- I , , • • 1 i I m ■ 1 I Q 11 ...... m X 1 X , r- , • 5 0 0 - • (0 La ry NJ 0 1 41. 77. CY, • 0 412 (0 73 cu Li • 73 0 Q. rn 1 4 0 Cr 0 I - tar .< , 1 I i 01 1•' ' -- -'.' ..< 1 I ■ I. I i illill AR I Nit ' II I '1 \ - 1 Intl=6111101.sotismosswp . I _ ;I:') ' cm MEN I_1 GE, i-■ , — 1 /( . ■ ril x --.. 5 , , I co ..o Cr. 6, (1)CL ' , 11 -7. ..11 , 1 - I to -� ',proudly Serving Richfield" 76th Street East (12th to Cedar) Comments Received PUBLIC WORKS Name /Address Comments Sandy Belkengren If you can eliminate the pot holes that appear every 7508 14th Avenue year it will be worth the inconvenience and money. Gloria Hidalgo Street seems to be too narrow. 7520 13th Avenue Tom Haffely Washington Park— Parking on Sunday where or 7539 17th Avenue will the parking lot be expanded Mavis Kleis I do not live on 76th Street so the project does not 7532 13th Avenue affect my property. I just hate to see a nice four lane road disappear. All those bump outs that have been put in our area are bad. But this looks like none will be used on this project. Good. Pam Halverson How long will the construction last? 7601 14th Avenue Compensation for lost trees, flowers, fences? Access to driveway Peter & Judy Noelle So glad you're doing this! Can't wait for the new 7620 16th Avenue road! Thanks for all you do! Andrew Lang I'm very glad this is being done; the new road 7545 16th Avenue design will be quieter and more attractive than the current concrete, and the bike path is a great addition. It will also make the sidewalks much more usable since plowing will not dump snow directly onto the walk, and force people to walk in the street. August 1, 2011 AGENDA SECTION: PUBLIC HEARINGS AGENDA ITEM# 11 REPORT# 171 STAFF REPORT RICHFIELD CITY COUNCIL MEETING AUGUST 9, 2011 REPORT PREPARED BY: MELISSA POEHLMAN, CITY PLANNER NAME,Ti' DEPARTMENT DIRECTOR ;!�"f REVIEW: 11111K �,' REVIEWED BY CITY MANAGER: 7=1 IP ITEM FOR COUNCIL CONSIDERATION: Public hearing to consider approval of a final development plan and conditional use permit for a planned unit development to include a fitness facility, retail building and a future restaurant and outdoor patio at 6501 Lyndale Avenue (former Kmart site). I. RECOMMENDED ACTION: Conduct and close a public hearing and by motion: Approve a final development plan and conditional use permit for a planned unit development at 6501 Lyndale Avenue and the adjacent Housing and Redevelopment Authority land. II. BACKGROUND The property at 6501 Lyndale Avenue has been vacant since November of 2009 when Kmart ceased operations. This property is located within what the Comprehensive Plan designates as the City's "downtown" area. This city center is intended to include a mix of residential, shopping, recreational and business uses. Wellington Management, Inc. has proposed to redevelop this property and a portion of the adjacent Housing and Redevelopment Authority (HRA) parcel. The proposal includes three buildings: a 45,000 square foot L.A. Fitness; a 19,700 square-foot retail building and a 9,000 square foot restaurant (to be constructed as Phase II of the project). If approved, the developer will work with the HRA to secure the property at the corner. The HRA has given the developer consent to include the parcel in the planning process. 080911 - 6501 Lyndale PUD III. BASIS OF RECOMMENDATION A. POLICY • In 2008, the City approved designation of the entire Lakes at Lyndale area as a "Mixed Use" area to incorporate a variety of uses including high-density residential, commercial, office and recreational uses. • The Comprehensive Plan describes the area around 66th Street and Lyndale Avenue as the city center, the downtown and the center of commerce in Richfield. Further, it states that this area has been developing over the last decade and the City intends for that development to continue and expand. Policy makers must determine whether or not the proposed development meets the goals and objectives of the Comprehensive Plan's envisioned downtown. • Zoning Code requirements: o Planned unit developments (PUD) are intended to encourage the efficient use of land and resources and to encourage innovation in planning and building. PUDs provide flexibility in the application of dimensional requirements, density and land uses if the proposed development is well-designed and can be successfully integrated into the neighborhood. o The guiding district for a Planned General Commercial (PC-2) District development is the General Commercial (C-2) District. o The purpose of C-2 District regulations is to allow a wide variety of retail and service businesses that are attractive in appearance from all sides, compatible with nearby residential properties, minimize adverse effects on surface waters and do not significantly degrade levels of safety or service on nearby roads. o As mentioned above, in order to encourage efficient land use, PUDs provide flexibility in the application of requirements when the development is well-designed and can be successfully integrated into the neighborhood. That said, this is an important piece of land in the very heart of the City and careful consideration of all elements of the proposal is warranted to insure that it will be complimentary and the equal of other development in the area. The following variations from standard requirements are proposed: • The proposed development reduces building setbacks in order to: • Create an attractive three-building site; • Promote safe pedestrian access to each building; • Create an attractive streetscape; and • Reuse a portion of the existing building to reduce costs and resources. • The proposed development provides over 20,000 square feet of additional landscaped area, decreasing overall impervious surface from 97% to 88% of the site. • Code requires that buildings be oriented to provide at least one principal entrance facing the public street rather than the interior of the site. • L.A. Fitness — Staff acknowledges that the interior building requirements of L.A. Fitness make this impractical; however a vertical element should be provided at the northwest corner of the building to provide additional interest and mass along Lyndale Avenue and to better tie the proposed development to the overall downtown district. • Retail building — Submitted building renderings show what may possibly be a door facing 66th Street. Staff recommends that this be explicitly listed as a condition of approval. Additionally, a vertical element should be required as part of the architecture along the south side of this building. Similar to at L.A. Fitness, the additional mass provides a connection to the larger district and emphasizes the importance of the pedestrian and public zone along 66th Street. • Windows or simulated windows are required along all walls parallel to the public street. • L.A. Fitness — Staff and the Planning Commission have significant concerns about the building design and overall feel along 65th Street. The illuminated panels, as opposed to windows with two-way visibility create an area that feels barren and empty. While there are operational requirements to take into consideration, staff recommends that some windows be required on both the north and east sides of the buildings. Options include clerestory windows and/or windows with less than full visibility. • Retail building — Staff recommends that approval stipulate that the building include windows with two-way visibility along 66th Street as opposed to the aluminum panels shown. o Zoning Code requirements related to trash and recycling, screening of mechanical equipment, parking (350 required, 389 provided), bicycle parking, pedestrian connections to the street, landscape design, irrigation, etc. are met. o 66th Street parking lot/streetscape treatment—The reuse of a portion of the Kmart building prevents a real connection between the public sidewalk and the retail building by keeping the building set back over 40 feet from the sidewalk. This coupled with the 240 feet between driveways creates an area that feels open and unprotected for pedestrians. Given that there is more parking than required, staff recommends redesigning the southern edge of the parking lot to provide a break in this stretch. This could be in the form of a small plaza with public art, planters and seat walls similar to those at the corner, or some other design. Staff and the developer have begun negotiations to discuss what can be done to improve this area. o While the light poles proposed for the parking lot of the development meet general requirements, staff recommends that approval of the project stipulate that a more decorative fixture be chosen. As part of the City's "downtown" and as a PUD in general, superior design elements are desired. Light fixtures for the surface parking at City Bella, Woodlake Center and The Oaks on Pleasant are all more interesting than the proposed shoe box fixture and add to the character of each development. Required Findings 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; 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. The proposed development is designed in such a manner as to form a desirable and unified environment within its own boundaries; 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 C-2 District. Deviations from C-2 and Performance Standard regulations have been allowed in order to add interest and presence along adjacent streets; however there is opportunity to further enhance the public face of the proposed buildings and the overall site design through architectural improvements and site lighting. 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 traffic engineer and Hennepin County have worked with the developer to insure that the increased traffic can be accommodated. 5. The development will not have undue adverse impacts on neighboring properties; the developer has worked with the owners of Qwest building immediately to the east of the site to insure that there will be no adverse impacts to them. 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 PC-2 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; Same as above. 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 additional uses to the City's "downtown" area. The use is consistent with the intent of the Planned General Commercial (PC-2) District and the underlying General Commercial (C-2) District. 3. The proposed use is consistent with any officially adopted redevelopment plans or urban design guidelines; The Lakes at Lyndale Plan was incorporated into and updated through the Comprehensive Plan update process. The Lakes at Lyndale Plan called for a variety of uses on this site, which this development will provide. 4. The proposed use is or will be in compliance with the performance standards specified in Section 544 of this code; the proposed development is in substantial compliance with the performance standards specified. Deviations have been permitted as part of the PUD process and help to achieve more efficient use of the site and an improved pedestrian experience along adjacent streets. 5. The proposed use will not have undue adverse impacts on governmental facilities, utilities, services, or existing or proposed improvements; there are or will be adequate facilities, utilities, streets and services to support the development. 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. B. CRITICAL TIMING ISSUES • Phase II (restaurant and associated streetscape) is currently conceptual. If significant changes to Phase II become necessary based on tenant requirements, a major amendment will be required. • Given the critical nature of development at the southwest corner of the property (Phase II), staff recommends that a stipulation of approval be that the developer enters into an agreement with the HRA regarding the parcel at the corner. This agreement should be structured to insure that this parcel not be left to languish. • 60-DAY RULE: The 60-day clock `started' when a complete application was received on June 22, 2011. A decision is required by August 21, 2011 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. • Approvals remain valid for one year unless substantial work has been completed or an extension is granted by the Council. C. FINANCIAL • The required application fee has been paid. D. LEGAL • A public hearing was held before the Planning Commission on July 25, 2011. No members of the public spoke. • Notice of the public hearing was published in the Sun Current Newspaper. • Notice of the public hearing tonight was sent to residents and property owners within 350 feet of the affected parcel. • Staff received one comment from a resident indicating a preference for a Walmart at this location, rather than a fitness facility. E. ENVIRONMENTAL CONSIDERATIONS • The proposed development significantly decreases impervious surface on the site. IV. ALTERNATIVE RECOMMENDATION(S) • Approve the request with additional and/or modified stipulations. • Deny the request with findings indicting that the proposal does not meet City requirements. V. ATTACHMENTS • Resolution • Proposed plans • Planning & zoning maps VI. PRINCIPAL PARTIES EXPECTED AT MEETING • Representative(s) of Wellington Management, Inc. I RESOLUTION NO. RESOLUTION APPROVING A FINAL DEVELOPMENT PLAN AND CONDITIONAL USE PERMIT FOR A PLANNED UNIT DEVELOPMENT AT 6501 LYNDALE AVENUE AND THE IMMEDIATELY ADJACENT HOUSING AND REDEVELOPMENT AUTHORITY LAND 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 include 45,000 square foot fitness facility; 19,700 square foot retail building and 9,000 square foot restaurant on land located at 6501 Lyndale Avenue and the adjacent Housing and Redevelopment Authority land, legally described as: Lots 1 and 2, Block 1, Heyman Addition, Hennepin County 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 July 25, 2011 meeting; and WHEREAS, notice of the public hearing was published in the Sun-Current on June 16, 2011; and WHEREAS, the Richfield City Council held a public hearing on August 9, 2011; and WHEREAS, mailed notice of the public hearing was sent to residents and property owners within 350 feet of the subject property on July 26, 2011; 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 commercial 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. • That the developer enters into an agreement to acquire the required Housing and Redevelopment Authority land. • The property owner is responsible for replacing any required landscaping that dies. • This approval does not include the signs shown on the drawings. Separate sign permits are required. I _A • That revised building renderings including 1) vertical architectural elements at the northwest corner of the L.A. Fitness building and the southern end of the retail building and 2) additional windows on both the L.A. Fitness (north and east walls) and retail building be submitted to and approved by the Community Development Director. • That final building plans for the retail building include a door facing 66th Street. • That a final lighting plan including upgraded decorative lighting fixtures be submitted to and approved by the Community Development Director. • That a revised site plan including additional pedestrian elements to anchor the expanse of parking along 66th Street be provided to and approved by the Community Development Director. • That a final sediment and erosion control plan be submitted to and approved by the Public Works Director. • That a final storm water management plan be submitted to and approved by the Public Works Director. • That easements be recorded for the proposed rerouting of public storm sewer and any other public utilities. • That a final plan for sidewalks and improvements in and along the right-of-way be submitted to and approved by the Community Development Director and Public Works Director. • That a maintenance agreement related to sidewalks and landscaping be executed. • That a final utility plan be submitted to and approved by the Public Works Director. • Prior to the issuance of an occupancy permit for either L.A. Fitness or the retail building, Wellington Management, Inc. shall submit a surety equal to 125% of the value of any landscaping improvements not yet complete. 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 9th day of August, 2011. Debbie Goettel, Mayor ATTEST: Nancy Gibbs, City Clerk h ,. _ •, , _ Vicinity Map j, - ... Westwood Vhsrnootl NelliiofN 5./K.l i,.; Me AnA*9m.bd. �' Edm Prime.MN SSW .JO 1 Pr.4Nt 952.917 9150 .. PA% 957 517.91.77 r , Ta:MEE 7aaF411-5759 , Preliminary Plans _ t% .w.+.r.xwuaµ..e! PM rktaignot I?_ ca.clua PM Drawn. el* ;.1.9.d D7a.nr&by/date farRerv:aaa +6 f) t7t Site, Sediment Existln Conditions/Removals, 5 , and Erosion Control, Grading and Drainage, {{ , r Utility, Landscape, and Lighting/Photometric Plans ~� 6f�;ti 06/22/11 t e.� 43019 �__ for 66th & Lyndale Richfield, Minnesota Prepared for. Wellington Management, Inc. _T•-" ,__ _ ___ _ - _-_- , __----- 1425 Energy Park Drive,Suite 100 t! - St Paul, Minnettota 55108 f E�icl�fil (C,r - NO DATE REVISION SHbE75 Wellington Management, Inc. ;___06/22,„- 1 ,t,5l/ 1 A ___ ._ 1625 Energy Park Drive, Suite 100 66th & St. Paul, Minnesota 55108 Contact: Tanya Bell Lyndale Phone 651.9995511 _.INDEX .. 1 —_-_ ; Richfield, Minnesota Email: tbell@wellingtonmgt.com CI EF.I' NO. DESt::11I1'T1ON (1.K ._ -,,In PON:, -1,n"A'. '1:L'Or'..ti . � .N Cover Sheet W 16..9..E CNN, �,".9V9s19,-9.9 Nehru Ee."r r•.a<.w s+t.. t PAN 93I 977 5929 PAN 9S7 4)7,/5, , Westwood tell Mlt laal l•T.•,,59 w.wmw jI .7ead, 9r t �t to � ;=,,...:),-.(, 1 ,A. , Ow 0:,%<5l11 1 r-r 9 Ii...q • 2o- Wl _ ••_“ :. __ _ _ _ __• _ ... __._• __ ,,,'r0ItSS Or'.Sor..., ' Existing Conditions Legend ,.„ .. .,;Ez tote d tjttp.0 1117 GOPHER STATE ONE GALL it WOVALS '7,- 4:ic Ate:.KY-454-0002 .1.1-rN-4-.-N-S.".- sIt , ., I eoc -.2 A • . Westwood - . . , .. . . BY/. .-. . ..-. - . 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U19404...,ACrtSPOAArf .61,4 199.5TAND•905 Or r■If C,, I y * :,ebb,. „,, ..._ -I Prepared for / :1■001.7W ___.--0- 11 : , . Mc SEE UTILITY PLAN 13 &RE LIVO,VE3AshcO.NER 013,L,,JA.:,.,.1 Os.,S,C.„I.,'E,P.ttrAhhi sttS strANE0 LO,,,,7•01EscR At p€41.1p5,19,,T.-04.:,..A.F-4„0,9E.,,k4,17.;,...A,E,AS.,,,C40.,00,../JC0 1,i),Rs■fig,c5 r.uti:5A ANc,C.),A1,0,..,,,,,r., . ;L Preservation Notes i -;441 _...-.0.-- es.. • .,,it.,. *4 / ; 8 *8 1 , ... : 2 ... MEC 9901EC19.1.1(X0,11‘CONSTRoCNON EXIFit.4 ttC•SfRuCT 041 Is; FOACRATAFT INSTOA,ONS SPAtk DE R41.0 9 tan,A TO PHOTTCI Att F,.0-F,C,ED rkt ES 'HA t ARE ROT CCINC TO OE PE•OVE0 Wellington Manageinent, : .. ,,..,.. ., • - ..,,,,, , .7•:X A 4190R TO CONS99.9.109 Inc. , TREE 47,ACONC At PROTECTED (WES C•CRO-RS sl, TRCI i ,0 B, S•tvE3 Oh 141E 9,282ECT FRCREPTI SA.A it, 0 0-.A0 VA1:1 BR,C.47,11 obfit•LCi 1,7,C.W.:„... 1 X ' ' • 1 AIRY' TAPE IARAPPED AROUND 94•04 •RO,4 AT A RE9.147 Or F009 FEET OF YORE SUCH TRAT 7•E '.4.1_,S,7-BLE T3 WORKERS Ovift•r■4:7.C...*.!•firt, ,, , I EOttiPkTfAi I SLICS Ft-HONG 51-1Ad_ If PL AU°Of:NEAP. Ift.f P•PoNE/CAROPV E0a IC PFEEVENT ACt POSI9OLL •SCFSS 09 1441,JSON bY CONS/90E1.0N . , ' EatoPmfti I rENC.NG 541•41.BE 5,MPORTIO Al A MAX■4.04:" St, FOCI INTERVALS 9T 4-STAKES OR 6'■01555•FTPROAED 14E TKOS 9NG:E-,INCOEN,•■•:-(t.':,f, 1625 tssbergy Park Orme,SION 100 . et : 4 , - ,,,,,,-off P4941:2`5r5 04 CLEAR.R4).kiNVER9R0S,ArTli.449049 t If FOAPPENT 15.4101,(0 •'TAG 111•R AN ASSITASSCI REFERENCE.046E•R 9LI BF t OC■ZO C., St Pail,ifinmaisola BIM I E•404 PROTECTED FREE 109/014.14E IDE01 •014 tf S444,1 BE THE RESPONSKitkrf•(X Mt P9OPERTT CAN1P .1.42/7•••PE.91.0.18 TO ENS441: rHA-9.r• S Ill . )c , I , APPROXAIATf ourrs or FEnCt,r.AND RE4 EPENa TAGS REMAIN AS RFO.I.P10'3 JR1NC rIll CC,StRoCTION PROCESS A PROTTE fly! f[NCR.; P9011CTIVE fERCINC ..440,," 9.1 Cr POO:1(5.5 SRAtt BE REC0t9FP • Tktf APS. .2: •49.90tr C.ONSTP7.0.3.1 OF,99AC•47 *.4 ,:' . 01511.1•BANCE AREA PHASE [-- - SAR,PHO 41.(1094 Pr S.111 11C,S Ye 9 RI •PROPi fi ft IRk t tit'44•21,5'31 1-4k AWE:YAW ARI A Of A.11,4.-P '12,,.i.A.,:fl(11. 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LONsRE fE F03311N0 AND CAST111 ATIERt ' B7 RAO,NOUS FM:SARNI RECic:O.;,-„,„ 4 G CONCRE TE CURB AND G9 TIE P €.6,2 /., - < , •'.' t 1-, ' . --(;)--- - .. 35) ! ni.00:Rt0 CONCRE Tr CAS,NC PAT OLARC 0:N :°CATIONS/MERE ROST tS NCT 0 FROtfC If 3 9,cuRi3 ,i PERES ROAN SAM/ : STIOPAC ACCESS:Ott PAR$INS.ANS 93-A e 2 i 5 Ail STOP SiGNS 9.:-.All NC.UDE A 24' *ICA PA,NTE.0 STOP BAN IN WHI IL ...I STR.P/NCI 4. SDI ID A15t;TE STP.sf (I'/7-t Prepared tor. .... Ei.:$SNIP .. -1 • Is... RETAIL pAlAis(D,10 row::! P,Ac,i)AT THE 5 10,SION t OCATiON, A MINMIM OF 4' A IRAITIC ARROW : 5010 AM ri 19 700 SF FRCA/CROSSWALA AA1. STO.BARS SMALL EXTEND EROM ORECT.Onai , TRA,45,-K-A tit ISSIE',I:ANIS 10 0i( 00..0 I PI eNKR SEAT 14A21 Well'ington , " -z - 0 \, ,-- - 14(„Uti N F ARPRIG t OT t:Gt.I(1 el.:j ,...,, 5 ALT S,GNS SPA.L LIE EL t't et Ell IS ELL AAEL: 15:f. HACK. O. CORO AN;L S3 -5....0/ 'LON. 9 (I) 0 SIRE)!lICF IT . C31, STAhtil4,0 3-f: rIT Management, TS. s, f \ - .... 0 THE SIMS( NCI':E p PEPE 51RI AN L 7Cli I C.T 3 At AN ONG. IA t.1 /1 Nf.):- t3t. _. .) . 7 PROA3C1 Of NTIhr..AT,C3.SOP ASE 10 Rf•RIVE9.12; AND A0f-AROVI 0 83 C'■7 \\(.4).., \ C CT/RNM.48 A t Ai C(ng._ !iti i.....ti .37. .:kill 1, -.... -S' (17 500 SF) s MOOD FENCE SEP:Att..1 AND,C.i, Inc. -,,, .7 . 0 .,,. . Site Legend , 1626 Energy Park Drive,Suite 100 RBOT _ / rp .,.- Ns.' PACS'S " ., CI:1'Sign Legend St Paul.Minnesota 55108 8 501)SF - „.!!.53 onnic 880e9:5L0 St-'13.1._tta .`iZF. .,;--i''.-II'.21-5'.:Hitr.Cii. (,.°), -, L I Stop 5,r,t. 7,13 t,5-5,1tNC 3-33 — — — — - - ---- .tROPENI Y I:NE cE 0- A 3 ' PAt IO C:_ :7:3 C!--:--------43 1, C.- ' 1 {2,200 SF) BA.51.fiNC 5 i ACCESS ea POEINIEL: i 2 T ■ t A ,-,7 a,. _....... ,,,! P,ASA \ . , , ... WM I. -0 S 3 DO NOI E NIES 3„..) X, 15: t't 5 7 5.0.:t,P701.! 59E3 ,s 500 SF .--X!, K .icsa-) i ...c. _ OM 2...2..3 e) (5!.I.'s --V:)- 1 --- , 7CIALP. LINI c 4 NO L(f f RASN 24X',,,' ,IC, 1 ,. it.P (I> , 1 .,, O.0 SION /7 rii AC.< 0 O' :.A,,iMtNI t.Nk 5 5 CCM/A:2T CAR5 SA:t 12 S.I EC /1//I ° ;LI -5,...S.:!...5 GLERR ANO Ss,It:N A,/9:).-., AA-API,A3., 66th St -...1..1 -.\,,-1---' ,-N,.• - '''`\, N-....,..„),. s rr,00T CURP ANC. G..57IiP -/-y lir .-_•.A. / "CND NORMA. 19A-IVE Is AA. Lyndale ,..,y----/--Y.Ar,,,.....;- . -/.. ,‘,.../...■ '(?-.1 .". -.Ns4,11,-- •.. / ., ...,...... ,a,,,, ,--,f ,,,,,,:c *A■1 //,,-/:21,;/-'533„,„AAA:/3,"....;TATA 01 /103 F.t i if i 1*NE :iii),N., ''. • /LI' ' ,,/ - t . . ..."' x',. 3 , .i AGE rd 1:;1,,t i ii,..,`• • ,,,,, o., I 1 E 1 ,',.),i;E.L 3C PAVE Mt N: E,-1 t a 3,1S,A AN 1 DI Vt.Li,,MEN I W tA, AC, El Of ASICAME NT OF SERIE 15CAPI III:II"I. II':II:tI'I.‘:I / / Es9,NE,s;PI I- I tti I .0Nt•RE.T1 E,EILSikii. I Richfield, Minnesota i' •.,.; ,,o.,[ 7, .4.- t AAA)PI AZA C./CR.:NATION WEI ClAIII Tr,.30.Id A,.,, ,I-,',, (5,,,,h,C 1 oC•A 1,C,. !:,,,A24,1,1, fi,,,,,,,, MA AND CI IT SEE E Mt Al)),)F) ...- .I 7ANGE I ROLI -IS IF ANA;f3,AZA It AAI IN' N3A.P.9 0, 9 4,07.44...- "A.,' •,, ,1,-1?1i!f143.11 Ivy; WE S t 68TH S I PEE 1 ,-!.,,: ),Mt-A(; F ARENL: t -- Itt ANA.:..1904 f./0Gt.;A AL t.5 P 4,,.: ,T,,L,-::,, -,-,, ,S 00 il51A5I I ,2.,.5,, • Site Plan • 4, EM I....4-1 . s. IIIIIIIII6.I.dIIIIIIIIII! n• its., 05/25,111 NOT FOR CONSTRUCTION I-- 4 " t20' Av.,.J LrArrrv,,,r s '.1.,prrs ' W C.,r •8 Hoot, t r,". e :qq,,,, • GOPHER S[ME ONE CAI.L • 1 - , i r Site and Plaza Plan Notes / I I I t • -• 41,1 ILD.I2 • s T , • , / ____I \ I , Vial-wood / / ,. .. , , , . . \ -....,71,4 i„Ii, 1`., '-..E,3,-rf LI r-R',(/:LS ...f.',(1,Yr) r.,/a VA '-• '1).4`,,.1.1,, 4, ■4i,..:'A O.,.' T- .. ,\''.':OCA/AI 3'.:A1‘.7 ,RI P A?A a1,(1(' v!--ILI,;',.,:Ai/ ;NA ) ' / '0 E.I ,CM'•E't... „,(1 / 7 i WA...AA P•AfIttAiveHi WAWA.I, 78.),Anwar)OfAN / , / f"L'I, 2 JO,-If (r)r.r o A sLIA-Aa'ar. r ON )5", NE t It AN.,A-.,(:A I A.7;44 'r-rE C 1 v AA' (A NC 2-2NG RI'F.Al CA'V(A r A,-.10,11.=t• / I . / • / Edo,PeAkik IAN S044 11-0N1 SS1 93)S150 ' ,,,,,,,.,,,C. „:,)' of ',1; )rf A A APC)I , fAx 151-93,7-51,22 / • • ) I , .1 I v04.1 PAIR ILINS-537-4150 F I / / 18. ; / 61. . . wwwwestwoodp\arow / / 3 a ',., a).• ,..., / -. . i ,..•"- - - I t •[1 \ / i , 7 ( I); ; 0 / i II . ... Derived Chad.* PM f155 , rt / - - / DANAA ( / 1 - t RLIP°A*V API"L'i I I . I i Reard OnrklAs Iry la.. I 11 / / 1 ! 1 • . It- , trsisiatta / 1 ..1, LAS1INt SJOEWALN II / // -,Z As ROW/ RRA."ARO'( . 3, t 1 ,:!,. . . ' 1 I / 0 ro RE MAN 0:1) 1 t 0 [9 I : O. 1 I 1 # I - .." .. / ..44' 0./..' 1 i // ei 1 II/ 471 4 Fu It RE , . ItCOLPTORI ; i 4,5 A or 41,1 • T- - . • a- i x,Srfr,c , i' 1 I 1 e ki pr'AN:NG 1 - " <la )- I • 5-."' AA / sa C5)' 'i i ''-, i --- , T--- ■A 1.0V_C Aar ,4.1%,,, A,, . i , 0 '.. At LIA'N / / / 1- Ii. , . . A ) •• I . I/ i ...) ,/ / ,,,,,._ • ( , .....A.,...ma.0.1,6.0,16............1.vas..../......, , ,i 5 As-,.),•-•-)... L 333, , ., , , ' "),"----„__ _ts(•te i ,,.,.qi, . '4 I - , I '2' '4, . ,, . •ARO L ..1 0. aeft A'1 ' (5 I/ 0-1/ 11 'T- f 1 ., • 1,-. : ' I , - 1-.-. ,..k.. -,._.' ',4!- • , , i :1 CowtrAgA Ana(Amami•_. / „.../1 l• .,;',74-E,'Lr4;%. I, ( 66/22/71 , 43619 ( C14-1 . Iltax -- 1 - . d' I 4. I ' • I 1 1,b00 V .,• I I., al rf" 1- ". r w 1 ,,,%■ i - - ..... • ...,-i ' -\ I / yar. ' 411110/.. r-' 1 ' I /7 - ) IF ATV 'NE ''''' 1 ' I _ 1 ,-,-- ■ • J 't / - ( Lrri'_'PIA ,:- • I , / i I 1 ...Z.. / 1 I I \ S..- i' . 0 if / \ ,11 1 \ . , r . _ ') i AN , r-jt r J ' ...-I ,„, 1/4:0 //AAP/LW f.S L,1,Na , /1 I '),:,AMtN14, PIA , \ ),,I i/ • I /' i.ANDSCAPE \ ri,it ay c D.ST4.,PBEP \ DR F&MAY OF ' , iiy f TO RE MarN Y i s Apt_A 1O 1 SOOPI 0 I I NW(URN AND latr f et'R ‘,..s.■,.P li..1.,L.,( 1-1'I . . \ 1 RESTAURANT I coyar,F )1A AWN j--- ---, \ Rt.i A N( I ARO PALOON'- , -PF - a (I'''P) ' WALL_ it) ` i' 1, I:3 if ' / PrepAted kr, RE 1.4A-A ily\ \ 1 . 1 REIL111-'GRAN' \ i I . 1 \ Wellington , ,,,, , , , , I ArSIthir„; - / ,A).15,,APL ' / \ IL ANIEN J ), 1 I : f":-%■.;,i'YtN:'-' - - - .; 1 : ' ::;i: Is.‘).'s in I St Al WAI) , \ ,t, NJ RE ItArN 1 '-f, I 1 Management , SO..,I F 1,...,R) I ';?1,,L / i Inc. ‘i (r=f,Y.A.7:-..: ..,. E ../ 1 ■ . W .,. 7 ' 1625 Hrtertgy Park DriY6, ' 10D 7 / ,,, . 4 . St Paui,Mummola 55.106 , SC.1,P U : / grn'e TO RrvAN , 0, [‘ 11 I i ...-- ALSIALNAN I AP,: / w, , Orr 1000P DIN NC ( 1 ) StS1/0a / 1 ' ' 7 ,, I AAVI IAttri 7, / I . rtqf AS LO / \ \ r e 4 --, ONAhl fig WWI \ - 'Li-IAA/A , . i R f A I. ,, i 1 , j i-- -- 66th & 1 - . t' i _ Lyndale 1 I • \ 1-77' ,. \ \ • A, 1 / . ...:).,„rar,s.•••ar• 7 -- \ _. \ -- - , 1 4 , / i,,,,„-::'...,,,,,,.. t, f F-.._.1 1 Of f r-1,41 ,P-^-,.'A't'Aj,":"L'I - ',J.- ' /-j,...E.■■;0.1.,, '1-,,,, ', 1, ,A , ROW X , , , , ,,,,,,,, R' hfield, Minnesota PC ■ROA(ft J r \-, ■.0-1 A F AP-f 1 i ORA-AP:tr. / I JR0Pf.er \ ' ',1"1 s)A..-...'". \ ' \ ''' /. / / ' ' \ \ ,t A' f PA 0/1 A 7'1 thrj • ONE / / r‘ - 1 \ PROIN RI',I r'rr \ - i • . ' \, s \-.., ,:,,,',,_L,r ), , sEintelarAged • Plaza l'lan . tx,rS A, , : \ n , - , , ,,,,, , ;■.).Alf.-.'' '' I'f f ArLAN Arrit:,3 --, At I,,,l',.., i X'S AN), 1 / • (a),Ar'a -1- ', ', \ V NJ)4,4,, WA, '.. !PI NA.h NEVA\ /('RI V.',, f rt . 1/4/VE I'll 661hi S.IRE-FT ....1111Mine.111. WE I-;I be.T H SF F I Phase 1 Phase 2 _.!.. usizsiii • NOT FOR CONSTRUCTION — 5 ''' ................. /.1 —7 .isTP, dr.••=4,,,E 1,0It3.-3,r 1,-,e. el - . •-- Planting Notes W .. . __ _ . - - GOPHER STATE ONE CALL a ,s, ,: ., ,_I 'isk) .1-:. aeZ-1A• as: -4 ,E!,1 4=4 ED: • ■a,• ., II •cr II" ,. 5 AA', 1CVF:Sr 65.11-1SIRELI • , ..I Westwood , t'.5r. f . . . • .,. , ' . .^... ,,,,; : -,-, . I.V.:,:.,, 4.... ''; - ......'....,,,,, r ), , t tf-r-1....„. , ... 6 _ '3 A.,1', .1 1. '41\ 5' li -11, 74A9A,aarataDava . Eder Pra,A.MNS$31A ■ . • .C4 ,6 4,, E 0P-. of-a; 7 e ,, , VJJ ^... S 'a ',..' '''. • A.. •-' • ' , -, s.,,s . • _ .s ,, A , : A f;:,?"' 1`; ''`‘it,e PkOait >V 5171,40 \ IA' . ' '' l''' I-AE.11 ,-,F,-, F..) .5, - --17, 1.' le, ../,,,,- FAx S52.3374422 • -- 1 I 3 ,,,s TOLIFIVE 1011-117.5130 • . = •'r r -s 'It!:r %.,•,tior,-, ::; \ I r.- pr kr A -- 4- • - . . . . •, ,.. . .. , . Aver.wemmaaca:4444. 1 ,,■; .■ 5f I SCO SA,) 4.) g•,,A j --- 1 , \ 1 11 D== PP: D 0.aciaara F.1 t NESS , . .- \ -i. ...,•.: 4 t ' ''' I.1 ,l, I 45 000 SF ■-,LR i±c, -.., r PLIC=IED AkcA . . i 90 Map"le7d Raced OravAna by/We CEA , 1 8 Ei........n„, i_ it..\11k.I.:..„‘„),: DER 26 Ff , MANAGEMENT J I i i • . - I I I ,-• i 11 i,T AR PER 26 ST • v■ 8 , ...„.. . .•4-,••••,•• SO, ' Pt s I:`E • F'LP 26 5= r 50i 10 LrhATS- '. 5 _ 1 '''' °Sr I 4. 5, 14,1 . ...,,,,....., ., ?,,.., ...F.re , PLR *0 5., (1. 0.51./RE3ANCE ; ' i., j__ ;.„,•:„-„„_„, _ I 0 ,, -„4., I'YI,) Pi ANT,NE . • 1.428 3 DI, 3 1,-, 3-'"" ' 1 AVM Irli _. . _. _ .. D11.1 ' '4.n..._ . - i 4 .• 444 I. Wove .., . IPLP ./ . i Fesuo'i'e; .,., ■ • AAAJ- 1.-.....-....-4.--..."1".7 /- ' '...e V--- '''''---•-• SC,i'. 6 4d4, • .... . --...-- .-.-.- t ti ifr• '7\1„..„,„.,.,,,„_.„-- 1 9.41.0 ,..., _ oe , ,s ssss j ' ';-''.• --- 6 ALA, , •.. , AEA, , /WY ,k ........"- •ali '4.... , . ..,.: ■•-•',Ef,-•,-4 .= ., A , a=k, f tq 20.3-.• t,,, ' -' , ., „, ' - '''' . • . 1 4.- ... .. . r-- t--1 - C-)0 , _ tt:$ ' r-r . rs,„, . . / 1/4,.. , ... , ,,......,.= t.:_. L',, -4- • •• ■H 1'I 4 , ••,i a•_,- • .. 7.. , y, r 1 , A'C s,- ,. _, rAT ViS. a, I i.,•Z' ILI. ,f s- * f ' • - , , _ Paul 0 Scarped', ' ' ' ''' •1,2 :a Er 4.,. i ,Jor ..F.....:, 06/22/11 ,,,,....,„,„ 25629 R — . 71-A( il.f. • ' ' -- -- . ' afi■ i''' `,,,, --rTAIC Mil ,,,... -,,,,.J-. ,1,*-,. ... TO REMAIN •••' PCP l;/ IA i 4 - ' , Auk. (TYP)-6 MU ,,-..,,, . , / ..„-I-/ p ,, Sr.... lie I; AAA, If A L if Pfp ,9P Er i ---• IRRIGATION CONTROLS 1 •A I „j71.- ■t-4...#jort...461. ,4 :011 AND CONNECTION TONI ENTIRE 91E • -t, / T '' ,'(.. 6 P.,,,,-, ', 1.4 1.. .. ._. . Tu 1 Lt '- ir ,41 6, .c. a.< ,,, te '''-q - --,;•-.. . / Q 4 ° / .f. PEP 2 Sit/ sA/ ; 'OD ((.2D 4 1 .0- -:/,.64,9s,.,-............i plilfp:toi:s7F ,,,.....''''-'[6-4 TAu. i HE Tillky_r, , C s-001._ -1 j 19 700 SF , 1.=. •, ,i. ri..1... .4 rs: .:-.-.=■ s aE, ,,. 1,FA..' IQ NPO 2 Ae■A ,411 ,„, ,,,,,,,, r.,,-,,,,A; ,,,,,pee r,4;I,‘..• I,,Ve ,.. ,.,,S, ,•,IT. ,t., '• • ,r- - PER 14554 7a! N. , )0,N ,.tt > t t, - t-- * ;r t. - ,x---t' 1 a , 410 ..-. NIS 114 AWE , es.,,, : :. 5,,EFfs AI. "/, E r-a- * ...rs LA,.c:- tar„.... a s e.,f, ee,,, ,-.34 f flak ,, vii ,„ r.„ 5,, , .,,, ,- ,1,- •4.40,s, Mei .•eVe.),9 •"',,..e4.5.4 S,i 'f W faIIIP-E,A CLREAMAL .C-i,,,- Prepared for LA2/-C If s,':ail 0,"v° Ett, - R T 4:11' 8.5ttSf° ,,,., ,. ! PEE IT 14- 1 `---- //if 500 SF • y.,J V'I'A i --IN...INTIK SEATi !NALL(TYP .,-. SCUD rE4'05 . ' Al4. 8 v, _- I '-''- -- 9..4F (17,500 SF) ,-7---" -1AFF :PIF:1;t3M6'45• ' 6 jA.4 6 AWS r.".- ft..., (2,200 SF) . imp • , ,..____ -- -!ETFIS-DRC TREE i To R9AAJN 1(TYP)--1 THU ‘ ,;Al ,, ,..,,,..i•5,, ,,af.r;n„; ,I.A..ot,,, .,,..,, ,..,,,,,.,,,,,L. .„,,,,,,,, ::...,..,,,,,. ••_,,,,,,,. '.. -.:,, , c,::,'..,,, . ,,,,, -,..,/,... t,e.,a,sea-I CCIP=ha,°:.P ah., = I",,PA'tO' =C.‘4==,F;P. -.' ' ,.1,1.,.' ,I A■._.-1:tr, Cit.I1.4•■>t•-• .k.,..."),, .., i'.1 14n,A•....el'a•;,•• 14R;J.,. -''',,,V -e.'e '',...e.e,'• -le FDCA,` ,..,•!h,• '1 VAN,.f A!.. I .,.` - ".AT,..1_ f 71.4 1.,.•• 0' ...,-fi P.". ,...: ..... ,,-,•,. e,..,.>0,...,...r; . ".,.; -- ,-.1-'., ,...■ -,'"i,, A. .e.e ,-,.,i .,t. e, , r cN ,• a=s,..0.,• CON,NNE,. PL aNTEAC mWanellain. atc. ggeintoennt I ,, I1 / ■ ,.95-Alt i-1:, ,66 9 162-5 Energy Park Drive,Suite 100 PE'.t? .-:4_ • . . I .-1' Iilit) 1 ,:e.■ III''§444 __;„ '''.-,..... al') :1/4 --j' , St Paul,IAtratraolm S5100 /', ANL 11;"?-;.1'' "'''. .161.11;40 I 'Ica-ii In&, itna la..3 P-4-- - 1 ' :' ; ;''', :;.`- :. ''.":q -'', -'.f-,`'..,',. IOW a .........a..a... - - - - - - - ,■ , , , 1 C, L,LI 60 SI ■ I/ NA., 'r • -fel 6.)Ef , ,I-E/ ...= -, FIR 66 54 ; ,pEt„ p EL - -----• ' ' `Ethl PE.AP, 5' ' - 1 66th & , ■ 'PER :5' S' IL. r66 Er, 3 P•dP : , 2, 1.7VP -- - . Lyndale IUNT11.DEI.SLOPUENT SOD WE.ST 66111 S 1 REE 1 ANY DISTURBED AREAS ,........___._........______.._ _ _ _ . ._ ____ . . ,_ X Richfield, Minnesota Plant Schedule Landscape Data • e . ..• e. , • • , fREt.'•,,PROvIDE.D. 89 (PhASE 1-69, PHASE 2-201 , , f T,x c,r,I KTiR_U;fli0 LS,. A....________. - O TAI ,, - oi , •-) -, l 3'011MMINN-II , 2 ?., Landscape Plan , - ' 1111111111111mmelinill , . , - ' ' • ' .- '- ' ,, , . . , . . • ! '. -,4ta• 05/25/11 - .. NOT FOR CONSTRUCTION . . , . . - I 1 -s ..____________ ____ ___.. ._____ .._______. _________ ._________________. _.. .___________ ...., _ ______._. ,,___ ____ , GOPHER STA TE ONE CALL ki^ ".= ■', ' r,': i!.; ,ff \At S I 65TH S r REF{ a 70/ Y-_- - - ___ - - ___ ' � � ^°~~��~~~ Eden Pro.k.MN S5344 \ \ �° �� ~� �� ° \ / __�_con ` \ \ n_�^ � \ FITNESS "°�" "�=" 45\ 000 �_ � 1 \ ��"�~�� J \\I . , �� / "�^� 9. , ��. . / / ' - • --~_---- j �� . ^ . " ' [ --~^- ~` . . ,/ / „„,.""/--' `-/ ` ' / � ' '' ^`n` .''"' /' / °~ -~� / //� / ! ' / �� | . '' / `�� \ / � � \i / "� /� !N ' � � / ^ I wf <�u - woAu " /3 19 700 m` / L ) • i ' ' - ' | �� <`/��mml "' Prepared for / I / `� `,� \, > / ` ~''~'~` 1^~"' ^''^^^ ''^^` ~' = ~'` '� °' . Wellington 8.5 SF ^ I � . � �� ' �� / 0 / � • ! ~. - ' `�-|��^.~ �.." .� � ~^. � ��,��' .'�J~ � ' ,^fm ' ^ �. :�mnml / - ~ ' ' ~ � Management,' �� ^ - - `. . - ~ Inc.�J�� " ' �� ' ----' / ~' ^ ^`" ' ^ ' " ^' • '^-''`'- ^' '- ^ "''`` ^ ^�"� �-" ' ° " -. ~ | ' ~ 1623 x* ~~ ' ' �� - -----/ - ---- - - -�--/| �� W L. St Paul,Minna...la Mlle / °~ ` � 1 �. . / - -�` - ~ . `~. ., ` '' °,, 66th �, ,"`" ` `,^' ..^." ", - - '_- -- ,,, _ ," ` =,,'= . ^~° ._°. - ° ..'..— u y uuaue • _- __-1 WEST nvms�ecr ,' °, °r. ." ��_� X ° _R�b/�bd Minnesota ^ ' ' '` '^ ` ~,, ' .. '. 9 ' Lighting -^ . Pbo�nov�� Plan| �. ^ . ` ` .' ' ` r. �� - ' ' ' " ~ °° ono/x , , |� ;^`� ' `^ . | ^ , NOT FOR CONSTRUCTION ^~ -- ~ " __ — ' – , 11 -q . . nli REAR ELEVATION 48' high internally illuminated letters at tenant's option Cfl O . . d SIDE ELEVATION _._ __- 48' high internally illuminated letters at tenant's option • �0 O \ zol cc l-1 J LAF sports graphics w1 SIDE ELEVATION surface illumination. 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Richfield, MN July 11th, 2©1 1 C1:311 a a j1- 11 6501 LYN DALE AVENUE - 7/11 Comprehensive Plan Designations 64TH STREET WEST LDR LDR LDR LDR MDR MIXED MIXEDMIXEDMIXED MHD MHD lefr ILD MIXED MIXED MHD MHD v /1 MIXED 65TH STREET _r MIXED 2 Ili .1 Q v JIXED MI ED P 1/' IXED /I MIXED r 66TH STREET V MIXED MIRE MIXED MIXED -- „ SCH MIXED N. 0 87.5 175 350 525 700 Legend UM — Feet ///, Proposed development site N ® 6501 Lyndale - 350 ft buffer A MIXED - Mixed Use Comprehensive Plan designation I:\GIS\Community Development\Staff\Melissa\Projects\Zoning Cases\6501 Lyndale -CP.mxd 6501 LYNDALE AVENUE - 7111 Surrounding Zoning 64TH STREET WEST R R i R R MR-2 011117 C-2 R R R MR-2 --2 C-2 MR-2 MR-2 MR-2 MR 36t 11(0* 65TH STREET C-2 j 40e, - A Q � P 1 -2 4� C-2 z PMR / / C-2 66TH STREET � PC-2 PG1 \ • PC-2 PC-2 = R I PC-2 I 0 87.5 175 350 525 700 1 Feet Legend R- Single-Family Residential MR-2 -Multi-Family Residential N Proposed development site PMR- Planned Multi-Family Residential A Q 6501 Lyndale - 350 ft buffer C-2-General Commercial Y PC-2 - Planned General Commercial I:\GIS\Community Development\Staff\Melissa\Projects\Zoning Cases\6501 Lyndale-Z.mxd • AGENDA SECTION: PUBLIC HEARINGS AGENDA ITEM# 12 REPORT# 172 =NAM STAFF REPORT RICHFIELD CITY COUNCIL MEETING AUGUST 9, 2011 REPORT PREPARED BY: MELISSA POEHLMAN, CITY PLANNER N• r•,TiTL: DEPARTMENT DIRECTOR -► ► �.�, I REVIEW. r ll g'.l a�►a�� li REVIEWED BY CITY �� MANAGER: 131( ITEM FOR COUNCIL CONSIDERATION: Consider the vacation of pedestrian and utility easements at 6501 Lyndale Avenue. I. RECOMMENDED ACTION: Conduct and close a public hearing and by motion: Approve a resolution vacating pedestrian, storm sewer and sanitary sewer easements at 6501 Lyndale Avenue. II. BACKGROUND As part of the proposed redevelopment of 6501 Lyndale Avenue, developer Wellington Management, Inc. is requesting that the City vacate two easements. The first is a public pedestrian easement that was enacted in 1979 with the development of Kmart. The purpose of the easement was to provide a pedestrian connection from the Qwest property to Lyndale Avenue. At the time, there was no public sidewalk along 65th Street. Now that a public sidewalk exists along 65th Street, neither City staff nor the Qwest property manager feels that this is necessary. An easement for storm sewer, sanitary sewer and water purposes was also enacted in 1979. The vacation of Grand Avenue for the development of Kmart meant that an easement was necessary in order to provide major utility services to the Qwest property. City staff and the Qwest property manager have determined that water service is the only current connection. The applicant requests that this easement be modified to reflect current conditions. 080911 - 6501 Lyndale vacations III. BASIS OF RECOMMENDATION A. POLICY • The current and future owners of the property (Lawrence Kadish and Wellington Management, Inc.) have submitted a petition for the vacation of two easements over 6501 Lyndale Avenue. • The Council may by vacate said easements by resolution when it appears in the interest of the public to do so. • City staff and the adjacent property owner see no reason to maintain anything other than an easement for water purposes. B. CRITICAL TIMING ISSUES • N/A C. FINANCIAL • The required application fee has been paid. D. LEGAL • The City Council may vacate public easements in accordance with MN §412.851. E. ENVIRONMENTAL CONSIDERATIONS • None IV. ALTERNATIVE RECOMMENDATION(S) • None V. ATTACHMENTS • Easement exhibit VI. PRINCIPAL PARTIES EXPECTED AT MEETING • Representatives of Wellington Management, Inc. RESOLUTION NO. RESOLUTION AUTHORIZING THE VACATION OF PUBLIC EASEMENTS AT 6501 LYNDALE AVENUE WHEREAS, the following described lands are subject to easements described below in favor of the City of Richfield: Lot 1, Block 1, Heyman Addition, Hennepin County, Minnesota. WHEREAS, the property is subject to an easement for public pedestrian purposes, as described in Document No. 1373602, files of the Hennepin County Registrar of Titles; and WHEREAS, the City Council finds that the easement created by Document No. 1373602 is no longer needed for access to the adjacent property and there is no continuing public need for the easement; and WHEREAS, the property is also subject to an easement for storm sewer, sanitary sewer and water purposes, as described in Document No. 1355339, files of the Hennepin County Registrar of Titles; and WHEREAS, the City Council finds that the easement created by Document No. 1355339 is needed for water main purposes but is not needed for public storm sewer or sanitary sewer purposes; NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Richfield, Minnesota as follows: 1. The easement for public pedestrian purposes, as described in Document No. 1373602, is vacated. 2. The easement for storm sewer, and sanitary sewer purposes, as described in Document No. 1355339 is vacated, reserving, however, t6 the public an easement for water purposes. Adopted by the City Council of the City of Richfield, Minnesota this 9th day of August, 2011. Debbie Goettel, Mayor ATTEST: Nancy Gibbs, City Clerk AGENDA SECTION: PUBLIC HEARINGS AGENDA ITEM# 13 REPORT# 173 STAFF REPORT RICHFIELD CITY COUNCIL MEETING AUGUST 9, 2011 KAREN BARTON, ASSISTANT REPORT PREPARED BY: COMMUNITY DEVELOPMENT DIRECTOR TITLE DEPARTMENT DIRECTOR t �� REVIEW: AIWA REVIEWED BY CITY MANAGER: A l 1 _110 ITEM FOR COUNCIL CONSIDERATION: Consideration of a resolution adopting a modification to the redevelopment plan for the Richfield Redevelopment Project area, establishing the Lyndale Garden Tax Increment Financing District therein and adopting a tax increment financing plan therefore. I. RECOMMENDED ACTION: By Motion: 1) Conduct a public hearing regarding the proposed modification to the redevelopment plan for the Richfield Redevelopment Project area, establishing the Lyndale Garden Tax Increment Financing District therein and adopting a tax increment financing plan therefor; and 2) Approve a resolution adopting a modification to the redevelopment plan for the Richfield Redevelopment Project area, establishing the Lyndale Garden Tax Increment Financing District therein and adopting a tax increment financing plan therefor. II. BACKGROUND The Cornerstone Group (Cornerstone) has entered into a purchase agreement for the former Lyndale Garden Center property located at 6400 Lyndale Avenue. They are scheduled to close on the property in early September of this year. Cornerstone 08092011 Modification to Redevelop Plan and establish Lyndale Gardens TIF Dist 389910v1 JAE RC125-316 is currently working with a local non-profit planning agency, Local Initiatives Support Corporation (LISC), to develop an overall vision for the redevelopment through a series of public planning workshops. Lyndale Gardens, LLC., a Minnesota limited liability company (an entity formed by Cornerstone to acquire and develop the Lyndale Garden Center) is requesting financial assistance in the form of Tax Increment Financing (TIF) to facilitate the construction of a mixed-use commercial/retail, multi-family rental housing and public/community space on the former Lyndale Garden Center property. Until the planning process is complete and a more comprehensive development plan is established, the exact financing needs will not be known. Every development scenario that the Developer has analyzed thus far, however, would need public assistance in order to be financially feasible. Given that, the Developer is currently seeking up to 85% of the available TIF. The Lyndale Gardens TIF District (District) would consist of four parcels of land and right-of-way and would be created to facilitate the construction of a mixed-use commercial/retail, multi-family rental housing and public/community space in the City. The TIF Plan is expected to achieve many of the objectives outlined in the Redevelopment Plan for the Richfield Redevelopment Project Area. It is anticipated that the Housing and Redevelopment Authority (HRA) will enter into an agreement with the Developer relative to the proposed project. That agreement would contain the specific terms for, and amount of, public assistance that the Developer could receive. In the event the Developer is unable to perform, the HRA would have the option to certify the District relative to another proposed project, or could choose not to certify the District. The current Redevelopment Plan (Plan) will require revision to incorporate the Lyndale Garden Redevelopment Project (Project). The Project is located within the Richfield Redevelopment Project Area boundaries; however the Plan must be modified to specifically include the Project. The TIF Plan is attached for your reference and the Redevelopment Plan for the Richfield Redevelopment Area is available on the City's website at http://www.cityofrichfield.orq/CD/Redevelopment.htm. III. BASIS OF RECOMMENDATION A. POLICY • Within the City, there are areas where public involvement is necessary to facilitate development or redevelopment. The HRA and City have certain statutory powers pursuant to Minnesota Statutes ("M.S.'), Sections 469.001 to 469.047, and M.S. Sections 469.174 to 469.1799 389910v1 JAE RCI25-316 (The "Tax Increment Financing Act" or "TIF Act"), to assist in financing public costs related to this project. B. CRITICAL TIMING ISSUES • The HRA adopted a Resolution on June 20, 2011 affirming the City Council's call for a public hearing for the Plan modification and establishment of the TIF District. • The HRA approved a Resolution on June 25, 2011 adopting a modification to the redevelopment plan for the Richfield Redevelopment Project area, establishing the Lyndale Garden Tax Increment Financing District therein and adopting a tax increment financing plan therefore. • The Planning Commission reviewed and approved the proposed Lyndale Gardens TIF Plan for consistency with the City's Comprehensive Plan at their regular meeting on July 25, 2011. C. FINANCIAL • Tax Increment will be captured and used to fund the project, pay the HRA's administrative costs, and potentially add funding to the HRA's Housing and Redevelopment Fund. • HRA administrative costs are paid for with the Tax Increment. • The Developer is seeking up to 85% of the available TIF. • Without TIF, the project would not come to fruition. D. LEGAL • Legal Counsel has been involved in the process and has provided direction to staff. E. ENVIRONMENTAL CONSIDERATIONS • N/A IV. ALTERNATIVE RECOMMENDATION(S) • Do not adopt the Resolution modifying the Redevelopment Plan and establishing the Lyndale Gardens TIF District. V. ATTACHMENTS • Resolution • Tax Increment Financing Plan for Lyndale Garden Tax Increment Financing District. • TIF Plan Summary VI. PRINCIPAL PARTIES EXPECTED AT MEETING • Representatives from the Developer • Legal Counsel 389910v1 JAE RC125-316 13- I CITY OF RICHFIELD HENNEPIN COUNTY STATE OF MINNESOTA RESOLUTION NO. RESOLUTION ADOPTING A MODIFICATION TO THE REDEVELOPMENT PLAN FOR RICHFIELD REDEVELOPMENT PROJECT AREA; AND ESTABLISHING THE LYNDALE GARDENS TAX INCREMENT FINANCING DISTRICTS THEREIN AND ADOPTING A TAX INCREMENT FINANCING PLAN THEREFOR. BE IT RESOLVED by the City Council (the "Council") of the City of Richfield, Minnesota(the "City"), as follows: Section 1. Recitals 1.01. The Board of Commissioners of the Richfield Housing and Redevelopment Authority (the "HRA") has heretofore established the Richfield Redevelopment Project Area and adopted the Redevelopment Plan therefor. It has been proposed by the HRA and the City that the City adopt a Modification to the Redevelopment Plan for the Richfield Redevelopment Project Area (the "Redevelopment Plan Modification") and establish the Lyndale Gardens Tax Increment Financing District (the "District") therein and adopt a Tax Increment Financing Plan (the "TIF Plan") therefor (the Redevelopment Plan Modification and the TIF Plan are referred to collectively herein as the "Plans"); all pursuant to and in conformity with applicable law, including Minnesota Statutes, Sections 469.001 to 469.047 and Sections 469.174 to 469.1799, all inclusive, as amended, (the "Act") all as reflected in the Plans,and presented for the Council's consideration. 1.02. The HRA and City have investigated the facts relating to the Plans and have caused the Plans to be prepared. 1.03. The HRA and City have performed all actions required by law to be performed prior to the establishment of the District and the adoption and approval of the proposed Plans, including, but not limited to, notification of Hennepin County and Independent School District No. 280 having taxing jurisdiction over the property to be included in the District, a review of and written comment on the Plans by the City Planning Commission on July 25, 2011, approval of the Plans by the HRA on July 25, 2011, and the holding of a public hearing upon published notice as required by law. 1.04. Certain written reports (the "Reports") relating to the Plans and to the activities contemplated therein have heretofore been prepared by staff and consultants and submitted to the Council and/or made a part of the City files and proceedings on the Plans. The Reports, including the redevelopment qualifications reports and planning documents, include data, information and/or substantiation constituting or relating to the basis for the other findings and determinations made in this resolution. The Council hereby confirms, ratifies and adopts the Reports, which are hereby incorporated into and made as fully a part of this resolution to the same extent as if set forth in full herein. 1.05 The City is not modifying the boundaries of Richfield Redevelopment Project Area, but is however, modifying the Redevelopment Plan therefor. Section 2. Findings for the Adoption and Approval of the Redevelopment Plan Modification. 1 'a 2.01. The Council approves the Redevelopment Plan Modification, and specifically finds that: (a)the land within the Project Area would not be available for redevelopment without the financial aid to be sought under this Redevelopment Plan; (b) the Redevelopment Plan, as modified, will afford maximum opportunity, consistent with the needs of the City as a whole, for the development of the Project by private enterprise; and (c) that the Redevelopment Plan, as modified, conforms to the general plan for the development of the City as a whole. Section 3. Findings for the Establishment of the Lyndale Garden Center Site Tax Increment Financing District 3.01. The Council hereby finds that the District is in the public interest and is a"redevelopment district" under Minnesota Statutes, Section 469.174, Subd. 10(a)(1)of the Act. 3.02. The Council further finds that the proposed redevelopment would not occur solely through private investment within the reasonably foreseeable future and that the increased market value of the site that could reasonably be expected to occur without the use of tax increment financing would be less than the increase in the market value estimated to result from the proposed development after subtracting the present value of the projected tax increments for the maximum duration of the District permitted by the Tax Increment Financing Plan, that the Plans conform to the general plan for the development or redevelopment of the City as a whole; and that the Plans will afford maximum opportunity consistent with the sound needs of the City as a whole, for the development or redevelopment of the District by private enterprise. 3.03. The Council further finds, declares and determines that the City made the above findings stated in this Section and has set forth the reasons and supporting facts for each determination in writing, attached hereto as Exhibit A. 3.04. The Richfield Housing and Redevelopment Authority elects to calculate fiscal disparities for the District in accordance with Minnesota Statutes, Section 469.177, Subd. 3, clause b, which means the fiscal disparities contribution would be taken from inside the District. Section 4. Public Purpose 4.01. The adoption of the Plans conforms in all respects to the requirements of the Act and will help fulfill a need to redevelop and remediate blight in an area of the City, to provide employment opportunities,to improve the tax base and to improve the general economy of the State and thereby serves a public purpose. For the reasons described in Exhibit A, the City believes these benefits directly derive from the tax increment assistance provided under the TIF Plan. A private developer will receive only the assistance needed to make this development financially feasible. As such, any private benefits received by a developer are incidental and do not outweigh the primary public benefits. Section 5. Approval and Adoption of the Plans 5.01. The Plans, as presented to the Council on this date, including without limitation the findings and statements of objectives contained therein, are hereby approved, ratified, established, and adopted and shall be placed on file in the office of the Community Development Director. 5.02. The staff of the City, the City's advisors and legal counsel are authorized and directed to proceed with the implementation of the Plans and to negotiate, draft, prepare and present to this Council for its consideration all further plans, resolutions,documents and contracts necessary for this purpose. 13-3 5.03 The Auditor of Hennepin County is requested to certify the original net tax capacity of the District, as described in the Plans, and to certify in each year thereafter the amount by which the original net tax capacity has increased or decreased; and the Richfield Housing and Redevelopment Authority is authorized and directed to forthwith transmit this request to the County Auditor in such form and content as the Auditor may specify, together with a list of all properties within the District, for which building permits have been issued during the 18 months immediately preceding the adoption of this resolution. 5.04. The Community Development Director is further authorized and directed to file a copy of the Plans with the Commissioner of the Minnesota Department of Revenue and the Office of the State Auditor pursuant to Minnesota Statutes 469.175, Subd. 4a. The motion for the adoption of the foregoing resolution was duly seconded by Council member , and upon a vote being taken thereon,the following voted in favor thereof: and the following voted against the same: Dated: August 9, 2011 ATTEST: Debbie Goettel,Mayor Nancy Gibbs, City Clerk (Seal) 3-LI EXHIBIT A RESOLUTION NO. The reasons and facts supporting the findings for the adoption of the Tax Increment Financing Plan (TIF Plan) for the Lyndale Gardens Tax Increment Financing District (District) as required pursuant to M.S., Section 469.175, Subd. 3 are as follows: 1. Finding that the District is a redevelopment district as defined in M.S., Section 469.174, Subd. 10(a)(1). The District consists of 4 parcels and it is proposed that these parcels be redeveloped for housing and commercial purposes. All parcels within the District are occupied by buildings, streets, utilities, paved or gravel parking lots or other similar structures, and the occupied parcels make up more than 70% of the area of the District. More than 50% of the buildings within the District (2 of 3 buildings), not including outbuildings, are structurally substandard to a degree of requiring substantial renovation or clearance. The substandard buildings are reasonably distributed throughout the District. The Council has specifically relied on a study conducted by LHB, Inc., dated July 22, 2011, and entitled "Report of Inspections and Results for Determining Qualifications of a Tax Increment Financing District as a Redevelopment District (Lyndale Gardens TIF District, Richfield, Minnesota)," which is included in the TIF Plan at Appendix F, to make these determinations. 1. The proposed development, in the opinion of the City, would not reasonably be expected to occur solely through private investment within the reasonably foreseeable future. The anticipated development consists of three phases. The first phase will include the acquisition of property and the substantial rehabilitation of the Lyndale Garden Center in order to make it suitable for commercial use, including possible restaurant, retail, office, and community space. The second and third phases will include construction of approximately 100 units of rental housing, some of which will be affordable housing. The redevelopment project requires acquisition of several parcels of property, demolition of one building, environmental remediation, site improvements, and substantial rehabilitation of the Lyndale Garden Center building. Current estimates of redevelopment costs are more than $30,000,000. The cost and scope of the proposed redevelopment make it unlikely to occur solely through private investment. The developer has submitted a pro forma to the City demonstrating that the costs of acquiring the land for all phases of the redevelopment project, demolition costs, environmental remediation costs, site improvements, and construction of certain public improvements are economically infeasible without the assistance provided in the TIF Plan. The developer has certified to the City that it would not acquire the property and construct the housing and commercial development without the requested assistance. In order to make the redevelopment of this blighted area feasible, and provide affordable housing to persons of moderate income within the City, TIF assistance is required to reduce the price of redevelopment costs. The increased market value of the site that could reasonably be expected to occur without the use of tax increment financing would be less than the increase in market value estimated to result from the proposed development after subtracting the present value of the projected tax increments for the maximum duration of the District permitted by the TIF Plan. The City believes that the comprehensive nature of the proposed commercial and housing development, which requires significant time and expense to acquire parcels necessary for the development and the substantial renovation of a structurally substandard building, would not occur without the requested TIF 13-S assistance. Specifically, the proposed combination of housing and commercial development in the District is necessary in order to make the redevelopment of the Lyndale Garden Center economically feasible for the developer. The Lyndale Garden Center is currently vacant and in very poor condition, has been cited for numerous code violations, and has attracted trespassers. The property has remained vacant for many years without any successful proposals to redevelop the site. Providing assistance to the developer for all three phases of the proposed development will ensure that the Lyndale Garden Center is rehabilitated and the site is incorporated into the surrounding development. Therefore, the City reasonably determines that no other development of similar scope is anticipated on this site without substantially similar assistance being provided for the development. To summarize the basis for the City's findings,the City makes the following determinations: a. The City's estimate of the amount by which the market value of the site will increase without the use of tax increment financing is $0 (for the reasons described above), except some unknown amount of appreciation. b. If the proposed development to be assisted with tax increment occurs in the District, the total increase in market value would be approximately$21,765,885. The increase in market value would be due primarily to substantial building rehabilitation and new construction within the District. (See Appendix D of TIF Plan and the table below.) c. The present value of tax increments from the District for the maximum duration of the district permitted by the TIF Plan is estimated to be no more than $6,302,782. (See Appendix D of TIF Plan and the table below.) d. Even if some development other than the proposed development were to occur, the Council finds that no alternative would occur that would produce a market value increase greater than $15,463,103 (the amount in clause b less the amount in clause c)without tax increment assistance. 3. Finding that the TIF Plan for the District conforms to the general plan for the development or redevelopment of the municipality as a whole. The Planning Commission reviewed the TIF Plan and found that the TIF Plan conforms to the general development plan of the City. 4. Finding that the TIF Plan for the District will afford maximum opportunity, consistent with the sound needs of the City as a whole,for the development of the Lyndale Garden Center project by private enterprise. The commercial and housing projects to be developed within the District and assisted with tax increment financing from the District will result in the redevelopment of blighted and underutilized land which currently has obsolete land use and substandard buildings, promotion of the development of affordable housing, promotion of commercial development, and preservation and enhancement of the tax base of the City. ■ ■ ■ ■ As of July 25, 2011 Draft for Public Hearing Modification to the Redevelopment Plan for the Richfield Redevelopment Project Area and the Tax Increment Financing Plan for the establishment of the Lyndale Gardens Tax Increment Financing District (a redevelopment district) within the Richfield Redevelopment Project Area Richfield Housing and Redevelopment Authority City of Richfield Hennepin County State of Minnesota Public Hearing: August 9,2011 Adopted: E H L E RS Prepared by: EHLERS&ASSOCIATES, INC. 3060 Centre Pointe Drive, Roseville, Minnesota 55113-1105 651-697-8500 fax: 651-697-8555 www.ehlers-inc.com 3-1 Table of Contents (for reference purposes only) Section 1 -Modification to the Redevelopment Plan for the Richfield Redevelopment Project Area Foreword 1-4 Section 2- Tax Increment Financing Plan for the Lyndale Gardens Tax Increment Financing District Subsection 2-1. Foreword 2-1 Subsection 2-2. Statutory Authority 2-1 Subsection 2-3. Statement of Objectives 2-1 Subsection 2-4. Redevelopment Plan Overview 2-1 Subsection 2-5. Description of Property in the District and Property To Be Acquired 2-2 Subsection 2-6. Classification of the District 2-2 Subsection 2-7. Duration and First Year of Tax Increment of the District 2-4 Subsection 2-8. Original Tax Capacity, Tax Rate and Estimated Captured Net Tax Capacity Value/Increment and Notification of Prior Planned Improvements 2-4 Subsection 2-9. Sources of Revenue/Bonds to be Issued 2-5 Subsection 2-10. Uses of Funds 2-6 Subsection 2-11. Fiscal Disparities Election 2-6 Subsection 2-12. Business Subsidies 2-7 Subsection 2-13. County Road Costs 2-8 Subsection 2-14. Estimated Impact on Other Taxing Jurisdictions 2-8 Subsection 2-15. Supporting Documentation 2-10 Subsection 2-16. Definition of Tax Increment Revenues 2-10 Subsection 2-17. Modifications to the District 2-11 Subsection 2-18. Administrative Expenses 2-11 Subsection 2-19. Limitation of Increment 2-12 Subsection 2-20. Use of Tax Increment 2-13 Subsection 2-21. Excess Increments 2-13 Subsection 2-22. Requirements for Agreements with the Developer 2-14 Subsection 2-23. Assessment Agreements 2-14 Subsection 2-24. Administration of the District 2-14 Subsection 2-25. Annual Disclosure Requirements 2-14 Subsection 2-26. Reasonable Expectations 2-14 Subsection 2-27. Other Limitations on the Use of Tax Increment 2-15 Subsection 2-28. Summary 2-16 Appendix A Project Description A-1 Appendix B Map of the Richfield Redevelopment Project Area and the District B-1 Appendix C Description of Property to be Included in the District C-1 Appendix D Estimated Cash Flow for the District D-1 Appendix E Minnesota Business Assistance Form E-1 Appendix F Redevelopment Qualifications for the District F-1 Appendix G Findings Including But/For Qualifications G-1 Appendix H Prior Planned Improvements G-2 «'1 Section 1 -Modification to the Redevelopment Plan for the Richfield Redevelopment Project Area Foreword The following text represents a Modification to the Redevelopment Plan for the Richfield Redevelopment Project Area. This modification represents a continuation of the goals and objectives set forth in the Redevelopment Plan for the Richfield Redevelopment Project Area. Generally, the substantive changes include the establishment of the Lyndale Gardens Tax Increment Financing District. For further information,a review of the Redevelopment Plan for the Richfield Redevelopment Project Area is recommended. It is available from the Community Development Director at the City of Richfield. Other relevant information is contained in the Tax Increment Financing Plans for the Tax Increment Financing Districts located within the Richfield Redevelopment Project Area. Richfield Housing and Redevelopment Authority Modification to the Redevelopment Plan for the Richfield Redevelopment Project Area 1-1 13 - 0 Section 2- Tax Increment Financing Plan for the Lyndale Gardens Tax Increment Financing District Subsection 2-1. Foreword The Richfield Housing and Redevelopment Authority (the"HRA"),the City of Richfield(the"City"),staff and consultants have prepared the following information to expedite the establishment of the Lyndale Gardens Tax Increment Financing District(the"District"),a redevelopment tax increment financing district, located in the Richfield Redevelopment Project Area. Subsection 2-2. Statutory Authority Within the City, there exist areas where public involvement is necessary to cause development or redevelopment to occur. To this end,the HRA and City have certain statutory powers pursuant to Minnesota Statutes ("M.S.'), Sections 469.001 to 469.047, inclusive, as amended, and M.S., Sections 469.174 to 469.1799, inclusive, as amended (the "Tax Increment Financing Act" or "TIF Act"),to assist in financing public costs related to this project. This section contains the Tax Increment Financing Plan (the "TIF Plan") for the District. Other relevant information is contained in the Modification to the Redevelopment Plan for the Richfield Redevelopment Project Area. Subsection 2-3. Statement of Objectives The District currently consists of four parcel(s)of land and adjacent and internal rights-of-way. The District is being created to facilitate the construction of a mixed-use commercial/retail, multi-family rental housing and public/community space in the City. Please see Appendix A for further District information. The HRA has not entered into an agreement or designated a developer at the time of preparation of this TIF Plan, however, it is anticipated that they will enter into an agreement with the Cornerstone Group. Development is likely to begin in summer 2011. This TIF Plan is expected to achieve many of the objectives outlined in the Redevelopment Plan for the Richfield Redevelopment Project Area. The activities contemplated in the Modification to the Redevelopment Plan and the TIF Plan do not preclude the undertaking of other qualified development or redevelopment activities. These activities are anticipated to occur over the life of the Richfield Redevelopment Project Area and the District. Subsection 2-4. Redevelopment Plan Overview 1. Property to be Acquired- Selected property located within the District may be acquired by the HRA or City and is further described in this TIF Plan. 2. Relocation - Relocation services, to the extent required by law, are available pursuant to M.S., Chapter 117 and other relevant state and federal laws. 3. Upon approval of a developer's plan relating to the project and completion of the necessary legal requirements,the HRA or City may sell to a developer selected properties that it may acquire within the District or may lease land or facilities to a developer. 4. The HRA or City may perform or provide for some or all necessary acquisition,construction, relocation, demolition, and required utilities and public street work within the District. Richfield Housing and Redevelopment Authority Tax Increment Financing Plan for Lyndale Gardens Tax Increment Financing District 2-1 13- 1\ Subsection 2-5. Description of Property in the District and Property To Be Acquired The District encompasses all property and adjacent rights-of-way and abutting roadways identified by the parcels listed in Appendix C of this TIF Plan. Please also see the map in Appendix B for further information on the location of the District. The HRA or City may acquire any parcel within the District including interior and adjacent street rights of way. Any properties identified for acquisition will be acquired by the HRA or City only in order to accomplish one or more of the following:storm sewer improvements;provide land for needed public streets, utilities and facilities; carry out land acquisition, site improvements, clearance and/or development to accomplish the uses and objectives set forth in this plan. The HRA or City may acquire property by gift, dedication,condemnation or direct purchase from willing sellers in order to achieve the objectives of this TIF Plan. Such acquisitions will be undertaken only when there is assurance of funding to finance the acquisition and related costs. Subsection 2-6. Classification of the District The HRA and City, in determining the need to create a tax increment financing district in accordance with M.S., Sections 469.174 to 469.1799, as amended, inclusive, find that the District, to be established, is a redevelopment district pursuant to M.S., Section 469.174, Subd. 10(a)(1) as defined below: (a) "Redevelopment district"means a type of tax increment financing district consisting ofa project, or portions of a project, within which the authority finds by resolution that one or more of the following conditions, reasonably distributed throughout the district, exists: (1) parcels consisting of 70 percent of the area in the district are occupied by buildings,streets, utilities,paved or gravel parking lots or other similar structures and more than 50 percent of the buildings, not including outbuildings, are structurally substandard to a degree requiring substantial renovation or clearance; (2) The property consists of vacant, unused, underused, inappropriately used, or infrequently used rail yards, rail storage facilities or excessive or vacated railroad rights-of-way; (3) tank facilities,or property whose immediately previous use was for tank facilities,as defined in Section 115C, Subd. 15, if the tank facility: (i) have or had a capacity of more than one million gallons; (ii) are located adjacent to rail facilities; or (iii)have been removed, or are unused, underused, inappropriately used or infrequently used; or (4) a qualifying disaster area, as defined in Subd. 10b. (b) For purposes of this subdivision, "structurally substandard"shall mean containing defects in structural elements or a combination of deficiencies in essential utilities and facilities, light and ventilation,fire protection including adequate egress,layout and condition ofinterior partitions, or similar factors, which defects or deficiencies are of sufficient total significance to justify substantial renovation or clearance. Richfield Housing and Redevelopment Authority Tax Increment Financing Plan for Lyndale Gardens Tax Increment Financing District 2-2 13 .- 12— (c) A building is not structurally substandard if it is in compliance with the building code applicable to new buildings or could be modified to satisfy the building code at a cost of less than 15 percent of the cost of constructing a new structure of the same square footage and type on the site. The municipality may find that a building is not disqualified as structurally substandard under the preceding sentence on the basis of reasonably available evidence, such as the size, type, and age of the building, the average cost of plumbing, electrical, or structural repairs or other similar reliable evidence. The municipality may not make such a determination without an interior inspection of the property, but need not have an independent, expert appraisal prepared of the cost of repair and rehabilitation of the building. An interior inspection of the property is not required, if the municipality finds that(1)the municipality or authority is unable to gain access to the property after using its best efforts to obtain permission from the party that owns or controls the property;and(2)the evidence otherwise supports a reasonable conclusion that the building is structurally substandard. (d) A parcel is deemed to be occupied by a structurally substandard building for purposes of the finding under paragraph (a) or by the improvement described in paragraph (e) if all of the following conditions are met: (1) the parcel was occupied by a substandard building or met the requirements of paragraph (e), as the case may be, within three years of the filing of the request for certification of the parcel as part of the district with the county auditor; (2) the substandard building or the improvements described in paragraph(e)were demolished or removed by the authority or the demolition or removal was financed by the authority or was done by a developer under a development agreement with the authority; (3) the authority found by resolution before the demolition or removal that the parcel was occupied by a structurally substandard building or met the requirement ofparagraph(e)and that after demolition and clearance the authority intended to include the parcel within a district; and (4) upon filing the request for certification of the tax capacity of the parcel as part of a district, the authority notifies the county auditor that the original tax capacity of the parcel must be adjusted as provided by§469.177, subdivision 1,paragraph (f). (e) For purposes of this subdivision, a parcel is not occupied by buildings, streets, utilities,paved or gravel parking lots or other similar structures unless 15 percent of the area of the parcel contains buildings, streets, utilities,paved or gravel parking lots or other similar structures. () For districts consisting of two or more noncontiguous areas, each area must qualify as a redevelopment district under paragraph(a) to be included in the district, and the entire area of the district must satisfy paragraph (a). In meeting the statutory criteria the IIRA and City rely on the following facts and findings: • The District is a redevelopment district consisting of four parcels. • An inventory shows that parcels consisting of more than 70 percent of the area in the District are occupied by buildings, streets, utilities, paved or gravel parking lots or other similar structures. • An inspection of the buildings located within the District finds that more than 50 percent of the buildings are structurally substandard as defined in the TIF Act. (See Appendix F). Richfield Housing and Redevelopment Authority Tax Increment Financing Plan for Lyndale Gardens Tax Increment Financing District 2-3 13 -�3 Pursuant to M.S., Section 469.176, Subd. 7,the District does not contain any parcel or part of a parcel that qualified under the provisions of M.S., Sections 273.111 or 273.112 or Chapter 473H for taxes payable in any of the five calendar years before the filing of the request for certification of the District. Subsection 2-7. Duration and First Year of Tax Increment of the District Pursuant to M.S., Section 469.175, Subd. 1, and Section 469.176, Subd. 1,the duration and first year of tax increment of the District must be indicated within the TIF Plan. Pursuant to M.S.,Section 469.176,Subd. lb., the duration of the District will be 25 years after receipt of the first increment by the HRA or City(a total of 26 years of tax increment). The HRA or City elects to receive the first tax increment in 2014,which is no later than four years following the year of approval of the District. Thus, it is estimated that the District, including any modifications of the TIF Plan for subsequent phases or other changes,would terminate after 2039,or when the TIF Plan is satisfied. The HRA or City reserves the right to decertify the District prior to the legally required date. Subsection 2-8. Original Tax Capacity,Tax Rate and Estimated Captured Net Tax Capacity Value/Increment and Notification of Prior Planned Improvements Pursuant to M.S.,Section 469.174,Subd. 7 and M.S.,Section 469.177,Subd. 1,the Original Net Tax Capacity (ONTC)as certified for the District will be based on the market values placed on the property by the assessor in 2011 for taxes payable 2012. Pursuant to M.S., Section 469.177, Subds. 1 and 2,the County Auditor shall certify in each year(beginning in the payment year 2014)the amount by which the original value has increased or decreased as a result of: 1. Change in tax exempt status of property; 2. Reduction or enlargement of the geographic boundaries of the district; 3. Change due to adjustments,negotiated or court-ordered abatements; 4. Change in the use of the property and classification; 5. Change in state law governing class rates; or 6. Change in previously issued building permits. In any year in which the current Net Tax Capacity(NTC)value of the District declines below the ONTC,no value will be captured and no tax increment will be payable to the HRA or City. The original local tax rate for the District will be the local tax rate for taxes payable 2012, assuming the request for certification is made before June 30,2012. The ONTC and the Original Local Tax Rate for the District appear in the table below. Pursuant to M.S., Section 469.174 Subd. 4 and M.S., Section 469.177, Subd. 1, 2, and 4, the estimated Captured Net Tax Capacity (CTC) of the District,within the Richfield Redevelopment Project Area,upon completion of the projects within the District, will annually approximate tax increment revenues as shown in the table below. The HRA and City request 100 percent of the available increase in tax capacity for repayment of its obligations and current expenditures,beginning in the tax year payable 2014. The Project Tax Capacity (PTC) listed is an estimate of values when the projects within the District are completed. Richfield Housing and Redevelopment Authority Tax Increment Financing Plan for Lyndale Gardens Tax Increment Financing District 2-4 Project Estimated Tax Capacity upon Completion (PTC) $908,678 Original Estimated Net Tax Capacity(ONTC) $62,977 Fiscal Disparities Reduction $110,967 Estimated Captured Tax Capacity(CTC) $734,734 Original Local Tax Rate 1.38568 Pay 2011 Estimated Annual Tax Increment(CTC x Local Tax Rate) $1,018,106 Percent Retained by the HRA 100% Tax capacity includes a 4%inflation factor for the duration of the District. The tax capacity included in this chart is the estimated tax capacity of the District in year 25. The tax capacity of the District in year one is estimated to be$142,942. Pursuant to M.S., Section 469.177, Subd. 4,the HRA shall, after a due and diligent search, accompany its request for certification to the County Auditor or its notice of the District enlargement pursuant to M.S., Section 469.175, Subd. 4,with a listing of all properties within the District or area of enlargement for which building permits have been issued during the eighteen(18)months immediately preceding approval of the TIF Plan by the municipality pursuant to M.S., Section 469.175, Subd. 3. The County Auditor shall increase the original net tax capacity of the District by the net tax capacity of improvements for which a building permit was issued. The City has reviewed the area to be included in the District and found that some building permits have been issued in the past 18 months,but none that should increase the original tax capacity. Please see Appendix H for the building permits that were issued. Subsection 2-9. Sources of Revenue/Bonds to be Issued The costs outlined in the Uses of Funds will be financed primarily through the annual collection of tax increments. The HRA or City reserves the right to incur bonds or other indebtedness as a result of the TIF Plan. As presently proposed,the projects within the District will be financed by on or more pay-as-you-go notes. Any refunding amounts will be deemed a budgeted cost without a formal TIF Plan Modification. This provision does not obligate the HRA or City to incur debt. The HRA or City will issue bonds or incur other debt only upon the determination that such action is in the best interest of the City. The total estimated tax increment revenues for the District are shown in the table below: SOURCES OF FUNDS TOTAL Tax Increment $15,600,000 Interest TOTAL $15,600,000 The HRA or City may issue bonds(as defined in the TIF Act)secured in whole or in part with tax increments from the District in a maximum principal amount of$7,266,000. Such bonds may be in the form of pay-as- you-go notes, revenue bonds or notes, general obligation bonds, or interfund loans. This estimate of total bonded indebtedness is a cumulative statement of authority under this TIF Plan as of the date of approval. Richfield Housing and Redevelopment Authority Tax Increment Financing Plan for Lyndale Gardens Tax Increment Financing District 2-5 13 -- 5 Subsection 2-10. Uses of Funds Currently under consideration for the District is a proposal to facilitate the construction of a mixed-use commercial/retail, multi-family rental housing and public/community space. The HRA and City have determined that it will be necessary to provide assistance to the project(s) for certain District costs, as described below. The HRA has studied the feasibility of the development or redevelopment of property in and around the District. To facilitate the establishment and development or redevelopment of the District, this TIF Plan authorizes the use of tax increment financing to pay for the cost of certain eligible expenses. The estimate of public costs and uses of funds associated with the District is outlined in the following table. USES OF TAX INCREMENT FUNDS TOTAL Land/Building Acquisition $3,000,000 Site Improvements/Preparation $351,000 Utilities $0 Other Qualifying Improvements $15,000 Costs Outside of District $2,340,000 Administrative Costs(up to 10%) $1,560,000 PROJECT COST TOTAL $7,266,000 Interest $8,334,000 PROJECT AND INTEREST COSTS TOTAL $15,600,000 The total project cost, including financing costs(interest)listed in the table above does not exceed the total projected tax increments for the District as shown in Appendix D. Estimated costs associated with the District are subject to change among categories without a modification to this TIF Plan. The cost of all activities to be considered for tax increment financing will not exceed, without formal modification,the budget above pursuant to the applicable statutory requirements. Pursuant to M.S., Section 469.1763, Subd. 2,no more than 25 percent of the tax increment paid by property within the District will be spent on activities related to development or redevelopment outside of the District but within the boundaries of the Richfield Redevelopment Project Area, (including administrative costs, which are considered to be spent outside of the District) subject to the limitations as described in this TIF Plan. The HRA and the City reserve the right to expend tax increment for activities outside the District within the limitations of M.S., Section 469.1763, Subd. 2. Subsection 2-11. Fiscal Disparities Election Pursuant to M.S.,Section 469.177,Subd. 3,the HRA or City may elect one of two methods to calculate fiscal disparities. If the calculations pursuant to M.S., Section 469.177, Subd. 3, clause b(within the District)are followed,the following method of computation shall apply: (1) The original net tax capacity shall be determined before the application of the fiscal disparity provisions of Chapter 276A or 473F. The current net tax capacity shall exclude any fiscal disparity commercial-industrial net tax capacity increase between the original year and the Richfield Housing and Redevelopment Authority Tax Increment Financing Plan for Lyndale Gardens Tax Increment Financing District 2-6 13 -1(e current year multiplied by the fiscal disparity ratio determined pursuant to M.S., Section 276A.06, subdivision 7 or M.S., Section 473F.08, subdivision 6. Where the original net tax capacity is equal to or greater than the current net tax capacity, there is no captured tax capacity and no tax increment determination. Where the original tax capacity is less than the current tax capacity, the difference between the original net tax capacity and the current net tax capacity is the captured net tax capacity. This amount less any portion thereof which the authority has designated, in its tax increment financing plan, to share with the local taxing districts is the retained captured net tax capacity of the authority. (2) The county auditor shall exclude the retained captured net tax capacity of the authority from the net tax capacity of the local taxing districts in determining local taxing district tax rates. The local tax rates so determined are to be extended against the retained captured net tax capacity of the authority as well as the net tax capacity of the local taxing districts. The tax generated by the extension of the less of(A) the local taxing district tax rates or(B) the original local tax rate to the retained captured net tax capacity of the authority is the tax increment of the authority. The HRA will choose to calculate fiscal disparities by clause b. According to M.S., Section 469.177, Subd. 3: (c) The method of computation of tax increment applied to a district pursuant to paragraph (a) or (b) shall remain the same for the duration of the district, except that the governing body may elect to change its election from the method of computation in paragraph (a) to the method in paragraph (b). Subsection 2-12. Business Subsidies Pursuant to M.S., Section 116J.993, Subd. 3,the following forms of financial assistance are not considered a business subsidy: (1) A business subsidy of less than $150,000; (2) Assistance that is generally available to all businesses or to a general class of similar businesses, such as a line of business, size, location, or similar general criteria; (3) Public improvements to buildings or lands owned by the state or local government that serve a public purpose and do not principally benefit a single business or defined group of businesses at the time the improvements are made; (4) Redevelopment property polluted by contaminants as defined in M.S., Section 1161552, Subd. 3; (5) Assistance provided for the sole purpose of renovating old or decaying building stock or bringing it up to code and assistance provided for designated historic preservation districts, provided that the assistance is equal to or less than 50% of the total cost; (6) Assistance to provide job readiness and training services if the sole purpose of the assistance is to provide those services; (7) Assistance for housing; (8) Assistance for pollution control or abatement, including assistance for a tax increment financing hazardous substance subdistrict as defined under M.S., Section 469.174, Subd. 23; (9) Assistance for energy conservation; (10) Tax reductions resulting from conformity with federal tax law; (11) Workers' compensation and unemployment compensation; (12) Benefits derived from regulation; (13) Indirect benefits derived from assistance to educational institutions; Richfield Housing and Redevelopment Authority Tax Increment Financing Plan for Lyndale Gardens Tax Increment Financing District 2-7 13 —V.1 (14) Funds from bonds allocated under chapter 474A, bonds issued to refund outstanding bonds, and bonds issued for the benefit of an organization described in section 501 (c) (3) of the Internal Revenue Code of 1986, as amended through December 31, 1999; (15) Assistance for a collaboration between a Minnesota higher education institution and a business; (16) Assistance for a tax increment financing soils condition district as defined under M.S., Section 469.174, Subd. 19; (17) Redevelopment when the recipient's investment in the purchase of the site and in site preparation is 70 percent or more of the assessor's current year's estimated market value; (18) General changes in tax increment financing law and other general tax law changes of a principally technical nature; (19) Federal assistance until the assistance has been repaid to, and reinvested by, the state or local government agency; (20) Funds from dock and wharf bonds issued by a seaway port authority; (21) Business loans and loan guarantees of$150,000 or less; (22) Federal loan funds provided through the United States Department of Commerce, Economic Development Administration; and (23) Property tax abatements granted under M.S., Section 469.1813 to property that is subject to valuation under Minnesota Rules, chapter 8100. The HRA will comply with M.S., Sections 1161..993 to 1161995 to the extent the tax increment assistance under this TIF Plan does not fall under any of the above exemptions. Subsection 2-13. County Road Costs Pursuant to M.S., Section 469.175, Subd. la,the county board may require the HRA or City to pay for all or part of the cost of county road improvements if the proposed development to be assisted by tax increment will, in the judgment of the county, substantially increase the use of county roads requiring construction of road improvements or other road costs and if the road improvements are not scheduled within the next five years under a capital improvement plan or within five years under another county plan. If the county elects to use increments to improve county roads, it must notify the HRA or City within forty- five days of receipt of this TIF Plan. In the opinion of the HRA and City and consultants, the proposed development outlined in this TIF Plan will have little or no impact upon county roads,therefore the TIF Plan was not forwarded to the county 45 days prior to the public hearing. The HRA and City are aware that the county could claim that tax increment should be used for county roads, even after the public hearing. Subsection 2-14. Estimated Impact on Other Taxing Jurisdictions The estimated impact on other taxing jurisdictions assumes that the redevelopment contemplated by the TIF Plan would occur without the creation of the District. However,the HRA or City has determined that such development or redevelopment would not occur "but for" tax increment financing and that, therefore, the fiscal impact on other taxing jurisdictions is $0. The estimated fiscal impact of the District would be as follows if the "but for" test was not met: Richfield Housing and Redevelopment Authority Tax Increment Financing Plan for Lyndale Gardens Tax Increment Financing District 2-8 3-1% IMPACT ON TAX BASE 2010/Pay 2011 Estimated Captured Total Net Tax Capacity(CTC) Percent of CTC Tax Capacity Upon Completion to Entity Total Hennepin County 1,320,682,751 734,734 0.0556% City of Richfield 24,776,100 734,734 2.9655% Richfield ISD No. 280 32,204,673 734,734 2.2815% IMPACT ON TAX RATES Pay 2011 Percent Potential Extension Rates of Total CTC Taxes Hennepin County 0.458400 33.08% 734,734 336,802 City of Richfield 0.567970 40.99% 734,734 417,307 Richfield ISD No. 280 0.267590 19.31% 110,967 29,694 Other 0.091720 6.62% 110,967 10,178 Total 1.385680 100.00% 793,980 The estimates listed above display the captured tax capacity when all construction is completed. The tax rate used for calculations is the actual Pay 2011 rate. The total net capacity for the entities listed above are based on actual Pay 2011 figures. The District will be certified under the actual Pay 2012 rates, which were unavailable at the time this TIF Plan was prepared. Pursuant to M.S. Section 469.175 Subd. 2(b): (1) Estimate of total tax increment. It is estimated that the total amount of tax increment that will be generated over the life of the District is $15,600,000; (2) Probable impact of the District on city provided services and ability to issue debt. A minimal impact of the District on police protection is expected. The Police Department does track all calls for service including property-type calls and crimes. With any addition of new residents or businesses,police calls for service will be increased. New developments add an increase in traffic, and additional overall demands to the call load. The City does not expect that the proposed development, in and of itself,will necessitate new capital investment in vehicles or require that the City hire additional officers. The probable impact of the District on fire protection is not expected to be significant. Typically new buildings generate few calls, if any,and are of superior construction. The existing buildings,which will be eliminated by the new development, have public safety concerns that includes a vacant, blighted building with issues such as vandalism. The building will also go from a non-sprinklered building,to a fully-sprinkled building. The impact of the District on public infrastructure is expected to be minimal. The development is not expected to significantly impact any traffic movements in the area.The current infrastructure for sanitary sewer, storm sewer and water will be able to handle the additional volume generated from the proposed development. Based on the development plans,there are no additional costs associated Richfield Housing and Redevelopment Authority Tax Increment Financing Plan for Lyndale Gardens Tax Increment Financing District 2-9 with street maintenance, sweeping,plowing,lighting and sidewalks. The development in the District is not expected to contribute to water(WAC) connection fees. The probable impact of any District general obligation tax increment bonds on the ability to issue debt for general fund purposes is expected to be minimal. It is not anticipated that there will be any general obligation debt issued in relation to this project, therefore there will be no impact on the City's ability to issue future debt or on the City's debt limit. (3) Estimated amount of tax increment attributable to school district levies. It is estimated that the amount of tax increments over the life of the District that would be attributable to school district levies, assuming the school district's share of the total local tax rate for all taxing jurisdictions remained the same, is $3,012,360; (4) Estimated amount of tax increment attributable to county levies. It is estimated that the amount of tax increments over the life of the District that would be attributable to county levies,assuming the county's share of the total local tax rate for all taxing jurisdictions remained the same,is$5,160,480; (5) Additional information requested by the county or school district. The City is not aware of any standard questions in a county or school district written policy regarding tax increment districts and impact on county or school district services. The county or school district must request additional information pursuant to M.S. Section 469.175 Subd. 2(b) within 15 days after receipt of the tax increment financing plan. No requests for additional information from the county or school district regarding the proposed development for the District have been received. Subsection 2-15. Supporting Documentation Pursuant to M.S. Section 469.175, Subd. 1 (a), clause 7 the TIF Plan must contain identification and description of studies and analyses used to make the determination set forth in M.S. Section 469.175, Subd. 3, clause (b)(2) and the findings are required in the resolution approving the District. Following is a list of reports and studies on file at the City that support the HRA and City's findings: • TIF Application, The Cornerstone Group; • Project Proformas, The Cornerstone Group; • Report of Inspection Procedures and Results for Determining Qualifications of a Tax Increment Financing District,LHB Inc., 2011. Subsection 2-16. Definition of Tax Increment Revenues Pursuant to M.S., Section 469.174, Subd. 25,tax increment revenues derived from a tax increment financing district include all of the following potential revenue sources: 1. Taxes paid by the captured net tax capacity,but excluding any excess taxes,as computed under M.S., Section 469.177; 2. The proceeds from the sale or lease of property,tangible or intangible,to the extent the property was purchased by the Authority with tax increments; 3. Principal and interest received on loans or other advances made by the Authority with tax increments; 4. Interest or other investment earnings on or from tax increments; 5. Repayments or return of tax increments made to the Authority under agreements for districts for Richfield Housing and Redevelopment Authority Tax Increment Financing Plan for Lyndale Gardens Tax Increment Financing District 2-10 which the request for certification was made after August 1, 1993; and 6. The market value homestead credit paid to the Authority under M.S., Section 273.1384. Subsection 2-17. Modifications to the District In accordance with M.S., Section 469.175, Subd. 4, any: 1. Reduction or enlargement of the geographic area of the District, if the reduction does not meet the requirements of M.S., Section 469.175, Subd. 4(e); 2. Increase in amount of bonded indebtedness to be incurred; 3. A determination to capitalize interest on debt if that determination was not a part of the original TIF Plan; 4. Increase in the portion of the captured net tax capacity to be retained by the HRA or City; 5. Increase in the estimate ofthe cost of the District,including administrative expenses,that will be paid or financed with tax increment from the District; or 6. Designation of additional property to be acquired by the HRA or City, shall be approved upon the notice and after the discussion,public hearing and findings required for approval of the original TIF Plan. Pursuant to M.S.Section 469.175 Subd. 4(7),the geographic area of the District may be reduced,but shall not be enlarged after five years following the date of certification of the original net tax capacity by the county auditor. If a redevelopment district is enlarged,the reasons and supporting facts for the determination that the addition to the district meets the criteria of M.S., Section 469.174, Subd. 10, must be documented in writing and retained. The requirements of this paragraph do not apply if(1) the only modification is elimination of parcel(s)from the District and(2)(A)the current net tax capacity of the parcel(s)eliminated from the District equals or exceeds the net tax capacity of those parcel(s) in the District's original net tax capacity or (B) the HRA agrees that, notwithstanding M.S., Section 469.177, Subd. 1, the original net tax capacity will be reduced by no more than the current net tax capacity of the parcel(s) eliminated from the District. The HRA or City must notify the County Auditor of any modification to the District. Modifications to the District in the form of a budget modification or an expansion of the boundaries will be recorded in the TIF Plan. Subsection 2-18.Administrative Expenses In accordance with M.S., Section 469.174, Subd. 14, administrative expenses means all expenditures of the HRA or City,other than: 1. Amounts paid for the purchase of land; 2. Amounts paid to contractors or others providing materials and services, including architectural and engineering services, directly connected with the physical development of the real property in the District; 3. Relocation benefits paid to or services provided for persons residing or businesses located in the District; or 4. Amounts used to pay principal or interest on, fund a reserve for, or sell at a discount bonds issued pursuant to M.S., Section 469.178; or 5. Amounts used to pay other financial obligations to the extent those obligations were used to finance costs described in clauses (1)to (3). Richfield Housing and Redevelopment Authority Tax Increment Financing Plan for Lyndale Gardens Tax Increment Financing District 2-11 13 -a. For districts for which the request for certification were made before August 1, 1979,or after June 30, 1982, and before August 1,2001,administrative expenses also include amounts paid for services provided by bond counsel, fiscal consultants, and planning or economic development consultants. Pursuant to M.S., Section 469.176, Subd. 3, tax increment may be used to pay any authorized and documented administrative expenses for the District up to but not to exceed 10 percent of the total estimated tax increment expenditures authorized by the TIF Plan or the total tax increments,as defined by M.S., Section 469.174, Subd. 25, clause (1), from the District,whichever is less. For districts for which certification was requested after July 31,2001,no tax increment may be used to pay any administrative expenses for District costs which exceed ten percent of total estimated tax increment expenditures authorized by the TIF Plan or the total tax increments,as defined in M.S.,Section 469.174,Subd. 25, clause (1), from the District, whichever is less. Pursuant to M.S., Section 469.176, Subd. 4h, tax increments may be used to pay for the County's actual administrative expenses incurred in connection with the District and are not subject to the percentage limits of M.S., Section 469.176, Subd. 3. The county may require payment of those expenses by February 15 of the year following the year the expenses were incurred. Pursuant to M.S., Section 469. 177, Subd. 11, the County Treasurer shall deduct an amount(currently .36 percent) of any increment distributed to the HRA or City and the County Treasurer shall pay the amount deducted to the State Commissioner of Management and Budget for deposit in the state general fund to be appropriated to the State Auditor for the cost of financial reporting of tax increment financing information and the cost of examining and auditing authorities' use of tax increment financing. This amount may be adjusted annually by the Commissioner of Revenue. Subsection 2-19. Limitation of Increment The tax increment pledged to the payment of bonds and interest thereon may be discharged and the District may be terminated if sufficient funds have been irrevocably deposited in the debt service fund or other escrow account held in trust for all outstanding bonds to provide for the payment of the bonds at maturity or redemption date. Pursuant to M.S., Section 469.176, Subd. 6: if after four years from the date of certification of the original net tax capacity of the tax increment financing district pursuant to MS.,Section 469.177,no demolition,rehabilitation or renovation of property or other site preparation, including qualified improvement of a street adjacent to a parcel but not installation of utility service including sewer or water systems, has been commenced on a parcel located within a tax increment financing district by the authority or by the owner ofthe parcel in accordance with the tax increment financing plan, no additional tax increment may be taken from that parcel and the original net tax capacity of that parcel shall be excluded from the original net tax capacity of the tax increment financing district. If the authority or the owner of the parcel subsequently commences demolition,rehabilitation or renovation or other site preparation on that parcel including qualified improvement of a street adjacent to that parcel, in accordance with the tax increment financing plan, the authority shall certify to the county auditor that the activity has commenced and the county auditor shall certify the net tax capacity thereof as most recently certified by the commissioner of revenue and add it to the original net tax capacity ofthe tax increment financing district. The county auditor must enforce the provisions of this subdivision. The authority must submit to the county auditor evidence that the required Richfield Housing and Redevelopment Authority Tax Increment Financing Plan for Lyndale Gardens Tax Increment Financing District 2-12 activity has taken place for each parcel in the district. The evidence for a parcel must be submitted by February 1 of the fifth year following the year in which the parcel was certified as included in the district. For purposes of this subdivision, qualified improvements of a street are limited to (1) construction or opening of a new street, (2) relocation of a street, and(3) substantial reconstruction or rebuilding of an existing street. The HRA or City or a property owner must improve parcels within the District by approximately July 2015 and report such actions to the County Auditor. Subsection 2-20. Use of Tax Increment The HRA or City hereby determines that it will use 100 percent of the captured net tax capacity of taxable property located in the District for the following purposes: 1. To pay the principal of and interest on bonds issued to finance a project; 2. To finance, or otherwise pay public redevelopment costs of the Richfield Redevelopment Project Area pursuant to M.S., Sections 469.001 to 469.047; 3. To pay for project costs as identified in the budget set forth in the TIF Plan; 4. To finance,or otherwise pay for other purposes as provided in M.S., Section 469.176, Subd. 4; 5. To pay principal and interest on any loans,advances or other payments made to or on behalf of the HRA or City or for the benefit of the Richfield Redevelopment Project Area by a developer; 6. To finance or otherwise pay premiums and other costs for insurance or other security guaranteeing the payment when due of principal of and interest on bonds pursuant to the TIF Plan or pursuant to M.S., Chapter 462C. M.S., Sections 469.152 through 469.165, and/or M.S., Sections 469.178; and 7. To accumulate or maintain a reserve securing the payment when due of the principal and interest on the tax increment bonds or bonds issued pursuant to M.S., Chapter 462C, M.S., Sections 469.152 through 469.165, and/or M.S., Sections 469.178. These revenues shall not be used to circumvent any levy limitations applicable to the City nor for other purposes prohibited by M.S., Section 469.176, Subd. 4. Tax increments generated in the District will be paid by Hennepin County to the HRA for the Tax Increment Fund of said District. The IIRA or City will pay to the developer(s) annually an amount not to exceed an amount as specified in a developer's agreement to reimburse the costs of land acquisition, public improvements,demolition and relocation,site preparation,and administration. Remaining increment funds will be used for HRA or City administration (up to 10 percent) and for the costs of public improvement activities outside the District. Subsection 2-21. Excess Increments Excess increments,as defined in M.S., Section 469.176, Subd. 2,shall be used only to do one or more of the following: 1. Prepay any outstanding bonds; 2. Discharge the pledge of tax increment for any outstanding bonds; 3. Pay into an escrow account dedicated to the payment of any outstanding bonds; or 4. Return the excess to the County Auditor for redistribution to the respective taxing jurisdictions in proportion to their local tax rates. The HRA or City must spend or return the excess increments under paragraph(c)within nine months after the end of the year. In addition,the HRA or City may, subject to the limitations set forth herein, choose to Richfield Housing and Redevelopment Authority Tax Increment Financing Plan for Lyndale Gardens Tax Increment Financing District 2-13 13 - a3 modify the TIF Plan in order to finance additional public costs in the Richfield Redevelopment Project Area or the District. Subsection 2-22. Requirements for Agreements with the Developer The HRA or City will review any proposal for private development to determine its conformance with the Redevelopment Plan and with applicable municipal ordinances and codes. To facilitate this effort, the following documents may be requested for review and approval: site plan, construction, mechanical, and electrical system drawings,landscaping plan,grading and storm drainage plan,signage system plan,and any other drawings or narrative deemed necessary by the HRA or City to demonstrate the conformance of the development with City plans and ordinances. The HRA or City may also use the Agreements to address other issues related to the development. Pursuant to M.S., Section 469.176, Subd. 5, no more than 25 percent, by acreage, of the property to be acquired in the District as set forth in the TIF Plan shall at any time be owned by the HRA or City as a result of acquisition with the proceeds of bonds issued pursuant to M.S., Section 469.178 to which tax increments from property acquired is pledged,unless prior to acquisition in excess of25 percent of the acreage,the HRA or City concluded an agreement for the development or redevelopment of the property acquired and which provides recourse for the HRA or City should the development or redevelopment not be completed. Subsection 2-23.Assessment Agreements Pursuant to M.S., Section 469.177, Subd. 8,the HRA or City may enter into a written assessment agreement in recordable form with the developer of property within the District which establishes a minimum market value of the land and completed improvements for the duration of the District. The assessment agreement shall be presented to the County Assessor who shall review the plans and specifications for the improvements to be constructed,review the market value previously assigned to the land upon which the improvements are to be constructed and,so long as the minimum market value contained in the assessment agreement appears, in the judgment of the assessor, to be a reasonable estimate, the County Assessor shall also certify the minimum market value agreement. Subsection 2-24.Administration of the District Administration of the District will be handled by the Community Development Director. Subsection 2-25.Annual Disclosure Requirements Pursuant to M.S., Section 469.175, Subds. 5, 6, and 6b the HRA or City must undertake financial reporting for all tax increment financing districts to the Office of the State Auditor,County Board and County Auditor on or before August 1 of each year. M.S., Section 469.175, Subd. 5 also provides that an annual statement shall be published in a newspaper of general circulation in the City on or before August 15. If the City fails to make a disclosure or submit a report containing the information required by M.S., Section 469.175 Subd. 5 and Subd. 6, the OSA will direct the County Auditor to withhold the distribution of tax increment from the District. Subsection 2-26. Reasonable Expectations As required by the TIF Act,in establishing the District,the determination has been made that the anticipated development would not reasonably be expected to occur solely through private investment within the Richfield Housing and Redevelopment Authority Tax Increment Financing Plan for Lyndale Gardens Tax Increment Financing District 2-14 I3 - 2y reasonably foreseeable future and that the increased market value of the site that could reasonably be expected to occur without the use of tax increment financing would be less than the increase in the market value estimated to result from the proposed development after subtracting the present value of the projected tax increments for the maximum duration of the District permitted by the TIF Plan. In making said determination,reliance has been placed upon written representation made by the developer to such effects and upon HRA and City staff awareness of the feasibility of developing the project site(s)within the District. A comparative analysis of estimated market values both with and without establishment of the District and the use of tax increments has been performed as described above. Such analysis is included with the cashflow in Appendix D,and indicates that the increase in estimated market value of the proposed development(less the indicated subtractions) exceeds the estimated market value of the site absent the establishment of the District and the use of tax increments. Subsection 2-27. Other Limitations on the Use of Tax Increment 1. General Limitations. All revenue derived from tax increment shall be used in accordance with the TIF Plan. The revenues shall be used to finance, or otherwise pay public redevelopment costs of the the Richfield Redevelopment Project Area pursuant to M.S., Sections 469.001 to 469.047. Tax increments may not be used to circumvent existing levy limit law. No tax increment may be used for the acquisition, construction,renovation,operation,or maintenance of a building to be used primarily and regularly for conducting the business of a municipality,county,school district,or any other local unit of government or the state or federal government. This provision does not prohibit the use of revenues derived from tax increments for the construction or renovation of a parking structure. 2. Pooling Limitations. At least 75 percent of tax increments from the District must be expended on activities in the District or to pay bonds,to the extent that the proceeds of the bonds were used to finance activities within said district or to pay,or secure payment of,debt service on credit enhanced bonds. Not more than 25 percent of said tax increments may be expended,through a development fund or otherwise, on activities outside of the District except to pay,or secure payment of debt service on credit enhanced bonds. For purposes of applying this restriction, all administrative expenses must be treated as if they were solely for activities outside of the District. 3. Five Year Limitation on Commitment of Tax Increments. Tax increments derived from the District shall be deemed to have satisfied the 75 percent test set forth in paragraph(2)above only if the five year rule set forth in M.S., Section 469.1763, Subd. 3, has been satisfied; and beginning with the sixth year following certification of the District, 75 percent of said tax increments that remain after expenditures permitted under said five year rule must be used only to pay previously committed expenditures or credit enhanced bonds as more fully set forth in M.S., Section 469.1763, Subd. 5. 4. Redevelopment District. At least 90 percent of the revenues derived from tax increment from a redevelopment district must be used to finance the cost of correcting conditions that allow designation of redevelopment and renewal and renovation districts underM..S.,Section 469.176 Subd.4j. These costs include, but are not limited to, acquiring properties containing structurally substandard buildings or improvements or hazardous substances,pollution,or contaminants,acquiring adjacent parcels necessary to provide a site of sufficient size to permit development, demolition and rehabilitation of structures, clearing of the land,the removal of hazardous substances or remediation necessary for development of the land, and installation of utilities, roads, sidewalks, and parking facilities for the site. The allocated administrative expenses of the HRA or City,including the cost of preparation of the development action response plan,may be included in the qualifying costs. Richfield Housing and Redevelopment Authority Tax Increment Financing Plan for Lyndale Gardens Tax Increment Financing District 2-15 I3 -;.S Subsection 2-28. Summary The Richfield Housing and Redevelopment Authority is establishing the District to preserve and enhance the tax base,redevelop substandard areas,and provide employment opportunities in the City. The TIF Plan for the District was prepared by Ehlers & Associates, Inc., 3060 Centre Pointe Drive, Roseville, Minnesota 55113,telephone(651) 697-8500. Richfield Housing and Redevelopment Authority Tax Increment Financing Plan for Lyndale Gardens Tax Increment Financing District 2-16 13 -aC Appendix A Project Description The Lyndale Gardens Tax Increment Financing District is being established to facilitate a multi-phase,mixed use redevelopment on the former Lyndale Garden Center Site. Phase I will include rehabilitation of the garden center building. It is anticipated that the commercial space will contain several uses, including an anchor tenant, office space, retail and a community space. Phase II will include construction of approximately 100 units of rental housing with a mixture of market rate and affordable units. The final phase is anticipated to include the substantial rehabilitation of additional market rate and affordable housing units. It is anticipated that financing for the redevelopment project will be provided through a pay-as-you-go note and an interfund loan from the HRA. Appendix A-1 I 3 -a7 Appendix B Map of the Richfield Redevelopment Project Area and the District Appendix B"1 IS ' ;.g . z il m g m a-.`s El L s r f2 r r r n 6V030 -'��® 0061 HVO3O If-°---,III— 1 11/ 11/11/ 1116 111.1111111 41B1 �_ ,-C1 11111111 IIIIIO■O,'4In IlIIII1111111111111 1111111111111111111 III a pool 419E 1 11 1111 1111111 11111111 11111111I� ��0 I I I I I I I I I I 1 1111111111 111 11111 1111)111 111111111 411L1 1 111111 11111111 11111111 1111111 ty s,, 411 11111111 1111 11111 111 11111 1 11111111 11111/111 1 00L1 411[1 111 i 1111 111 gillW.k•419E 11/1/1111 11111111111111111111111111111►��`�.$.'1IIIIIIIIIIIIIII IIUII111 111111111111111111 1 a 11111 1111111111 1111111 111 II 11 II 111, 0091 4191 1111 111111 111 11111111111 110111/!1•11111 111111 11111111 1111111 t11i .401 111 1111111111 11111111/1 11111111 II 2 NOLONIW0019 11111111 In11101I 1111111111 1011 0111111111111 111111111110111111111111__II 1111111111 FIT mum 11111111 1111111. 4zst NOL N =11111111I11I01111111111111I11 111.1111 111/1/11 111ni1I11111111 ,U1111111111tlllll111111111IIIIIIII1111111 ; .N 4151 111111)1111111111111111111111 11111_ ■111111111 mum ,IIII11111IIInI 11111 II 11111111 1111111 post 41SL 51 111111 111111111111 1111111111 111111/S.1111►1111 111111/1■ 1 1 IlIllI1111 1111111 11 11111111 --- II 1111111 1 1111 511111111111111111111 IIIIIIIllIII 111111111 011111111111111111■11111111111111111)111111 111111 \111111.. 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Parcel Numbers Address Owner 28-028-24-11-0080 6400 Lyndale Ave. S. Rancho Richfield,LLC 28-028-24-11-0002 6330 Lyndale Ave. S. Roy E. Peterson 27-028-24-23-0064 6430 Lyndale Ave. S. Rancho Richfield,LLC 27-028-24-23-0065 840 65th St. W. 800 Company,LLP Appendix C-1 3.- 30 Appendix D Estimated Cash Flow for the District Appendix D-1 ' 2 r; t V�NNNNM J CO t a d Q u N u_ o) _ ca O(O O O O r N Q. M O M W G O O O M N M O y -ONo V'.7 7 cNo C a-.- ` N Ooo o 1p.. y R ry .E NNNN Q >F • 6 E a) al o ch. o Q O o g a. I' 0 0 0 0 0 0 0 0 0 0 0 0 0 0 F > co CO o CD 0 000 N(O LL) 0(O 0 c r NCD V 00 0 l!)0 0 N I-N 0 N 0 p Y�C a y O N N O O V N R im •`N 05 05 R N N m co el v a a cm Cd C m m7 v o U Q m CC V o V • U U C) 0CDV000O w O M m O N O I� N M O To m co:coocov<r ` c sm. R SU ci •-U 7 N 0 o X p .--.X H N R % 2 R O (A d N W ? 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O 3 m o i N N 0) CO co O r O r O O co O O N N CO r N N CO d CO a E ro CO r CO CO N 0 d V d N N CO N W CO r N CO N V CO V N CO r CC N O CO r r CO O CO ,- O N. r CO N CO CO O Cn CO r CO •- N- O CC ▪ CO C) CO M N CO W CD N V CO W r O CO CO CO O CO CO CO r 6 CO CO A N co co CO d CO CO CO CO 0 CO CO CO d CO CO d CO r 0 CO r 0 N CO CO CO CO V V V V N CO O CO W CO CO CO CO r r r CO CO CO d ci O F a O _q a m i- U - 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 a" 1U 0 0 0 0 0 o O o 0 0 o O o 0 0 0 0 0 0 0 0 0 0 0 0 0 CC 0 0▪ 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 w 0 N V g. N O 3 - 3tt Appendix E Minnesota Business Assistance Form (Minnesota Department of Employment and Economic Development) A Minnesota Business Assistance Form(MBAF)should be used to report and/or update each calendar year's activity by April 1 of the following year. Please see the Minnesota Department of Employment and Economic Development (DEED) website at http://www.deed.state.mn.us/Community/subsidies/MBAFForm.htm for information and forms. Appendix E-1 I -3S Appendix F Redevelopment Qualifications for the District Appendix F-1 13 — 3' REPORT OF INSPECTION PROCEDURES AND RESULTS FOR DETERMINING QUALIFICATIONS OF A TAX INCREMENT FINANCING DISTRICT AS A REDEVELOPMENT DISTRICT Lyndale Garden TIF District Richfield, Minnesota LHB Project No. 110189 July 22, 2011 4. ../.... Apt4 tip t , .'K:.KA, 4*4geki 115 f Giiii71 ; i 1 HARDWARE -- r �' w io ;+r.rrro � '�!x - ,1110 i ' J • ii iisim•• .i,.. ••+ ',. � ''illy '�� '" "'.. i + mi .11 I1. 'h ! + MIN 'Sill Mil II Alt iii;tio Prepared For The City of Richfield HRA Prepared by LHB LHB, Inc. 250 Third Avenue North, Suite 450 Minneapolis, Minnesota 55401 13 -3'� TABLE OF CONTENTS Page PART 1 Executive Summary 3 Purpose of Evaluation 3 Scope of Work 4 Conclusion 4 PART 2 Minnesota Statute 469.174, Subdivision 10 Requirements 4 PART 3 Procedures Followed 6 PART 4 Findings 6 A. Coverage Test 6 B. Condition of Building Test 8 1. Building Inspection 8 2. Replacement Cost 8 3. Code Deficiencies 8 4. System Condition Deficiencies 9 C. Distribution of Substandard Structures 10 PART 5 Team Credentials 11 APPENDIX A Property Condition Assessment Summary Sheet APPENDIX B Building Code and Condition Deficiencies Reports APPENDIX C Building Replacement Cost Reports Code Deficiency Cost Reports Photographs Page 2 1 ; - 3% PART 1 —EXECUTIVE SUMMARY PURPOSE OF EVALUATION LHB was hired by the City of Richfield HRA to inspect and evaluate the properties within a Tax Increment Financing Redevelopment District ("TIF District") proposed to be established by the HRA. The proposed TIF District is located on and immediately adjacent to the Lyndale Garden Center property, between Richfield Lake and Lyndale Avenue (Diagram 1). The purpose of LHB's work was to determine whether the proposed TIF District meets the statutory requirements for coverage, and whether three buildings on four parcels, located within the proposed TIF District, meet the qualifications required for a Redevelopment District. 1 -ThAs--1 r--j r-'�- , F-71 - 7--- — — -— 2,, -,-1_1 ---,-- - --..„ -, _ 1,-----;;---1 --a}- 1 1 �j i ., , 1 } 1 f RICHFIELD LAKE -- ,t - /` • G E - ' l /1 I 7 -_ - t 't . 4.N - Diagram 1 —Proposed TIF District Page 3 13 --3' SCOPE OF WORK The proposed TIF District consists of four (4) parcels with three (3) structures. The buildings received an on-site interior and exterior inspection on March 31, 2011. The building on map parcel no. 3 was not inspected as it did not appear likely to be found substandard. Building code and Condition Deficiency reports are located in Appendix B. CONCLUSION After inspecting and evaluating the properties within the proposed TIF District and applying current statutory criteria for a Redevelopment District under Minnesota Statutes, Section 469.174, Subdivision 10, it is our professional opinion that the proposed TIF District qualifies as a Redevelopment District because: • The proposed TIF District has a coverage calculation of 100 percent which is above the 70 percent requirement. • 66.7 percent of the buildings are structurally substandard which is above the 50 percent requirement. • The substandard buildings are reasonably distributed throughout the geographic area of the proposed TIF District. The remainder of this report describes our process and findings in detail. PART 2—MINNESOTA STATUTE 469.174, SUBDIVISION 10 REQUIREMENTS The properties were inspected in accordance with the following requirements under Minnesota Statutes, Section 469.174, Subdivision 10(c), which states: Interior Inspection "The municipality may not make such determination [that the building is structurally substandard] without an interior inspection of the property..." Exterior Inspection and Other Means "An interior inspection of the property is not required, if the municipality finds that (1) the municipality or authority is unable to gain access to the property after using its best efforts to obtain permission from the party that owns or controls the property; and (2) the evidence otherwise supports a reasonable conclusion that the building is structurally substandard." Documentation "Written documentation of the findings and reasons why an interior inspection was not conducted must be made and retained under section 469.175, subdivision 3(1)." Page 4 13 — u° Qualification Requirements Minnesota Statutes, Section 469.174, Subdivision 10 (a) (1) requires two tests for occupied parcels: A. Coverage Test ..."parcels consisting of 70 percent of the area of the district are occupied by buildings, streets, utilities, or paved or gravel parking lots" The coverage required by the parcel to be considered occupied is defined under Minnesota Statutes, Section 469.174, Subdivision 10(e), which states: "For purposes of this subdivision, a parcel is not occupied by buildings, streets, utilities, or paved or gravel parking lots unless 15 percent of the area of the parcel contains building, streets, utilities, or paved or gravel parking lots." B. Condition of Buildings Test ..."and more than 50 percent of the buildings, not including outbuildings, are structurally substandard to a degree requiring substantial renovation or clearance;" 1. Structurally substandard is defined under Minnesota Statutes, Section 469.174, Subdivision 10(b), which states: "For purposes of this subdivision, `structurally substandard' shall mean containing defects in structural elements or a combination of deficiencies in essential utilities and facilities, light and ventilation, fire protection including adequate egress, layout and condition of interior partitions, or similar factors, which defects or deficiencies are of sufficient total significance to justify substantial renovation or clearance." a. We do not count energy code deficiencies toward the thresholds required by Minnesota Statutes, Section 469.174, Subdivision 10(b)) defined as "structurally substandard", due to concerns expressed by the State of Minnesota Court of Appeals in the Walser Auto Sales, Inc. vs. City of Richfield case filed November 13, 2001. 2. Buildings are not eligible to be considered structurally substandard unless they meet certain additional criteria, as set forth in Subdivision 10(c) which states: "A building is not structurally substandard if it is in compliance with the building code applicable to new buildings or could be modified to satisfy the building code at a cost of less than 15 percent of the cost of constructing a new structure of the same square footage and type on the site. The municipality may find that a building is not disqualified as structurally substandard under the preceding sentence on the basis of reasonably available evidence, such as the size, type, and age of the building, the average cost of plumbing, electrical, or structural repairs, or other similar reliable evidence." Page 5 (3-4 t "Items of evidence that support such a conclusion [that the building is not disqualified] include recent fire or police inspections, on-site property appraisals or housing inspections, exterior evidence of deterioration, or other similar reliable evidence." LHB counts energy code deficiencies toward the 15 percent code threshold required by Minnesota Statutes, Section 469.174, Subdivision 10(c)) for the following reasons: • The Minnesota energy code is one of ten building code areas highlighted by the Minnesota Department of Labor and Industry website where minimum construction standards are required by law. • The index page of the 2007 Minnesota Building Code lists the Minnesota Energy Code as a "Required Enforcement" area compared to an additional list of"Optional Enforcement" chapters. • The Senior Building Code Representative for the Construction Codes and Licensing Division of the Minnesota Department of Labor and Industry confirmed that the Minnesota Energy Code is being enforced throughout the State of Minnesota. • In a January 2002 report to the Minnesota Legislature, the Management Analysis Division of the Minnesota Department of Administration confirmed that the construction cost of new buildings complying with the Minnesota Energy Code is higher than buildings built prior to the enactment of the code. • Proper TIF analysis requires a comparison between the replacement value of a new building built under current code standards with the repairs that would be necessary to bring the existing building up to current code standards. In order for an equal comparison to be made, all applicable code chapters should be applied to both scenarios. Since current construction estimating software automatically applies the construction cost of complying with the Minnesota Energy Code, energy code deficiencies should also be identified in the existing structures. PART 3—PROCEDURES FOLLOWED LHB was able to schedule interior and exterior inspections for two buildings on March 31, 2011, and made the following findings: PART 4 —FINDINGS A. Coverage Test 1. The total square foot area of each parcel in the proposed TIF District was obtained from City records, GIS mapping and site verification. Page 6 IS —y 0- 2. The total square foot area of buildings and site improvements on the parcels in the proposed TIF District was obtained from City records, GIS mapping and site verification. 3. The percentage of coverage for each parcel in the proposed TIF District was computed to determine if the 15 percent minimum requirement was met. The total square footage of parcels meeting the 15 percent requirement was divided into the total square footage of the entire district to determine if the 70 percent requirement was met. Finding: The proposed TIF District met the coverage test under Minnesota Statutes, Section 469.174, Subdivision 10(e), which resulted in parcels consisting of 100 percent of the area of the proposed TIF District being occupied by buildings, streets, utilities, paved or gravel parking lots, or other similar structures (Diagram 2). This exceeds the 70 percent area coverage requirement for the proposed TIF District under Minnesota Statutes, Section 469.174, Subdivision (a) (1). �_� :,;1-11---lir''I'::::'71:1'111 :,___.,,li- it'')------L-17 1-71) 7:ir - -, , - `� 2. I-; i i, ' i • �9 RICHFIELD LAKE .j' - �` 4. 3' ,C . . Diagram 2—Coverage Diagram Shaded area depicts a parcel more than 15 percent occupied by buildings,streets,utilities, Paved or gravel parking lots or other similar structures Page 7 B. Condition of Building Test 1. Building Inspection The first step in the evaluation process is the building inspection. After an initial walk-thru, the inspector makes a judgment whether or not a building "appears" to have enough defects or deficiencies of sufficient total significance to justify substantial renovation or clearance. If it does, the inspector documents with notes and photographs code and non-code deficiencies in the building. 2. Replacement Cost The second step in evaluating a building to determine if it is substandard to a degree requiring substantial renovation or clearance is to determine its replacement cost. This is the cost of constructing a new structure of the same square footage and type on site. Replacement costs were researched using R.S. Means Cost Works square foot models for 2011. A replacement cost was calculated by first establishing building use (office, retail, residential, etc.), building construction type (wood, concrete, masonry, etc.), and building size to obtain the appropriate median replacement cost, which factors in the costs of construction in Richfield, Minnesota. Replacement cost includes labor, materials, and the contractor's overhead and profit. Replacement costs do not include architectural fees, legal fees or other "soft" costs not directly related to construction activities. Replacement cost for each building is tabulated in Appendix A. 3. Code Deficiencies The next step in evaluating a building is to determine what code deficiencies exist with respect to such building. Code deficiencies are those conditions for a building which are not in compliance with current building codes applicable to new buildings in the State of Minnesota. Minnesota Statutes, Section 469.174, Subdivision 10(c), specifically provides that a building cannot be considered structurally substandard if its code deficiencies are not at least 15 percent of the replacement cost of the building. As a result, it was necessary to determine the extent of code deficiencies for each building in the proposed TIF District. The evaluation was made by reviewing all available information with respect to such buildings contained in City Building Inspection records and making interior and exterior inspections of the buildings. LHB utilizes the current Minnesota State Building Code as the official code for our evaluations. The Minnesota State Building Code is actually a series of provisional codes written specifically for Minnesota only requirements, adoption of several international codes, and amendments to the adopted international codes. Page 8 1 Lig After identifying the code deficiencies in each building, we used R.S. Means Cost Works 2011; Unit and Assembly Costs to determine the cost of correcting the identified deficiencies. We were than able to compare the correction costs with the replacement cost of each building to determine if the costs for correcting code deficiencies meet the required 15 percent threshold. Finding: Two (2) out of three (3) buildings (66.7 percent) in the proposed TIF District contained code deficiencies exceeding the 15 percent threshold required by Minnesota Statutes, Section 469.174, Subdivision 10(c). A complete Building Code and Condition Deficiency report for each building in the proposed TIF District can be found in Appendix B of this report. 4. System Condition Deficiencies If a building meets the minimum code deficiency threshold under Minnesota Statutes, Section 469.174, Subdivision 10(c), then in order for such building to be "structurally substandard" under Minnesota Statutes, Section 469.174, Subdivision 10(b), the building's defects or deficiencies should be of sufficient total significance to justify "substantial renovation or clearance." Based on this definition, LHB re-evaluated each of the buildings that met the code deficiency threshold under Minnesota Statutes, Section 469.174, Subdivision 10(c), to determine if the total deficiencies warranted "substantial renovation or clearance" based on the criteria we outlined above. System condition deficiencies are a measurement of defects or substantial deterioration in site elements, structure, exterior envelope, mechanical and electrical components, fire protection and emergency systems, interior partitions, ceilings, floors and doors. The evaluation of system condition deficiencies was made by reviewing all available information contained in City records, and making interior and exterior inspections of the buildings. LHB only identified system condition deficiencies that were visible upon our inspection of the building or contained in City records. We did not consider the amount of "service life" used up for a particular component unless it was an obvious part of that component's deficiencies. After identifying the system condition deficiencies in each building, we used our professional judgment to determine if the list of defects or deficiencies are of sufficient total significance to justify"substantial renovation or clearance." Finding: In our professional opinion, two (2) out of three (3) buildings (66.7 percent) in the proposed TIF District are structurally substandard to a degree requiring substantial renovation or clearance, because of defects in structural elements or a combination of deficiencies in essential utilities and facilities, light and ventilation, fire protection Page 9 l 3 —9C including adequate egress, layout and condition of interior partitions, or similar factors which defects or deficiencies are of sufficient total significance to justify substantial renovation or clearance. This exceeds the 50 percent requirement of Subdivision 10a(1). C. Distribution of substandard structures Much of this report has focused on the condition of individual buildings as they relate to requirements identified by Minnesota Statutes, Section 469.174, Subdivision 10. It is also important to look at the distribution of substandard buildings throughout the geographic area of the proposed TIF District (Diagram 3). Finding: The substandard buildings are reasonably distributed throughout the geographic area of the proposed TIF District. _I w - __; `�( as pd i' E { y j - ,- . .... l.: - t - , I --i ,` 1 y 1 i _ -� r { - 4 v A ._.._. k w ' 9` 1 RICHFIELD LAKE : a3 Y j. .0 � a u, 1K I ' 1 i ,t ; it'&4°. ----'4"--- ,-'-'-':-'4* ‘e . i ..!_ .• ,,,., Diagram 3 — Substandard Buildings Shaded area depicts parcels with substandard buildings Page 10 (0 PART PART 5 - TEAM CREDENTIALS Michael A. Fischer,AIA LEED AP-Project Principal/TIF Analyst Michael has twenty-four years of architectural experience as project principal, project manager, project designer and project architect on municipal planning, educational, commercial and governmental projects. He is a Senior Vice President at LHB and currently leads the Minneapolis office. Michael completed a two-year Bush Fellowship at the Massachusetts Institute of Technology in 1999, earning Masters Degrees in City Planning and Real Estate Development. Michael has served on over 35 committees, boards and community task forces, including a term as City Council President and Chair of the Duluth/Superior Metropolitan Planning organization. He is currently Chair of the Planning Commission in Edina, Minnesota. He was one of four architects in the country to receive the National "Young Architects Citation" from the American Institute of Architects in 1997. Ben Trousdale,ALA -Project Manager/Inspector Ben is a project architect in LHB's Minneapolis office with 20 years of experience working on a variety of multi-family housing and commercial projects. He has extensive skills in creating quality construction documents that convey a building's fundamentals and unique design details. His responsibilities include project management, code analysis, and overseeing document production. Ben is a licensed architect in Minnesota and is involved with AIA activities including Search for Shelter charrettes. Lydia Major, MLA,ASLA — GIS/Mapping Lydia brings a passion for design that benefits the client, the community, and the environment. Her experience includes designing and drafting commercial and residential properties at a variety of scales. Lydia integrates her skills with AutoCAD, ArcGIS, and the Adobe Creative Suite to produce plans, color renderings, booklets, and other presentation materials. Communication is a critical component in all projects, and Lydia's uses her education as a writer to create compelling project documents, including proposals, requests for variance, and other public-relations materials. M:\I 1Proj\110189\400 Design\406 Reports\TIF\Final Report\Lyndale Gardens Redevelopment TIF Final Report 7-18-11.doc APPENDICES APPENDIX A Property Condition Assessment Summary Sheet APPENDIX B Building Code and Condition Deficiencies Reports APPENDIX C Building Replacement Cost Reports Code Deficiency Cost Reports Photographs Page 11 13 -41 APPENDIX A Property Condition Assessment Summary Sheet ) \ 1 � Cf 48:2 _ \ ,- co cc /_ o u u _ 2 2 F § , - § 00 2 I 0� �° ^ ' I ` E 2 � % ) ] - - c CO 2 co ■ to 0) &Z" E L2 q 7 ca E 0 / k = C 0 2 § a S & G j 0. a > CO o & G % i- . . 2 . J \ k2 a E k# \ \ 0 CO\ o _ k7 CD - } / ( � — $ 7 - - ) 2 ) ) \ - (' J \ 3 j R I £ '0 - ) ) \ > > o E f f / at a) a 0 co / co £ / Cl) / m k a) ` ® ` C tii \ ■ / / ƒ / r - - - £ o ` Ln e $ co a 2 I §a @ o ) j c \ m { . ( / k ) § \ 0 c / 15--�q APPENDIX B Building Code and Condition Deficiencies Reports J3 - 5b LYNDALE GARDEN REDEVELOPMENT TIF DISTRICT CODE/CONDITION DEFICIENCY REPORT July 18,2011 Map No. & Building Name: Map No. 1—Multi-Tenant Office Building Inspection Date(s) & Time(s): March 31,2011, 1:30pm Inspection Type: Interior/Exterior Summary of Deficiencies: It is our professional opinion that this building is Substandard because: - Building Code deficiencies total more than 15% of replacement cost. - Substantial renovation is required to correct Conditions found. Estimated Replacement Cost: $ 889,000 Estimated Cost to Correct Building Code Deficiencies: $ 316,700 Percentage of Replacement Cost: 36% Description of Condition Deficiencies Minnesota Statutes, Section 469.174, Subdivision 10, states that a building is Structurally Substandard if it contains "defects in structural elements or a combination of deficiencies in essential utilities and facilities, light and ventilation, fire protection including adequate egress, layout and condition of interior partitions, or similar factors, which defects or deficiencies are of sufficient total significance to justify substantial renovation or clearance." A.Defects in Structural Elements 1. Major visible cracking in structural walls and columns. 2. Visible cracks in concrete floor structure(visible from below). B. Combination of Deficiencies 1. Essential Utilities and Facilities a. Upgraded mechanical system required in basement offices. b. Bathrooms not adequate. c. New GFI outlets required in wet spaces. 2. Light and Ventilation a. Basement offices require improved ventilation. b. Basement offices require windows and/or egress windows. c. Lighting should be improved in corridors and stairs. 3. Fire Protection/Adequate Egress a. Stairs from basement are not code compliant. b. One stairway has mechanical equipment intruding into walking space. c. Doors and door hardware are not code compliant. 4. Layout and Condition of Interior Partitions/Materials a. Mildew present in basement spaces. b. All interior finishes(wall, ceiling, floor)require updating. c. Visible cracking on underside of floor(basement ceiling). 5. Exterior Construction a. Fascia, soffit and siding requires sanding and painting. b. Concrete stoops and stairs and sidewalk requires replacement. c. Exterior concrete walls require significant patching and waterproofing. ( 3-51 d. Major visible cracking on exterior walls. e. Parking lot surface should be repaired, sloping away from building. Overview of Condition Deficiencies Most of the interior and exterior finishes are in need of upgrading and repair. The site and all entrances require improvements to prevent further water damage. This building definitely requires substantial renovation to correct the existing condition deficiencies. Description of Code Deficiencies This multi-tenant office building was converted from an animal kennel building and has never met ADA requirements, or many other basic code requirements for a multi-tenant office building. 1. Tenant spaces are not accessible. Four in basement, four on upper floor. 2. Three sets of stairs do not meet current codes. 3. 66' Dead-end corridor in basement. 4. No windows or means of egress from basement office spaces. 5. Ventilation not adequate in basement spaces. 6. Roof leaks on north wing allowing water intrusion into building. 7. Doors and hardware are not ADA compliant. 8. Water is penetrating building at base at rear perimeter. 9. Four bathrooms are not accessible or code compliant. M:\11Proj\110189\400 Design\406 Reports\TIF\Building Reports\Office Building.doc i5 -5a- LYNDALE GARDEN REDEVELOPMENT TIF DISTRICT CODE/CONDITION DEFICIENCY REPORT July 18,2011 Map No. & Building Name: Map No.2—Lyndale Garden Center and Hardware Store Inspection Date(s) & Time(s): March 31,2011, 3:00pm Inspection Type: Interior/Exterior Summary of Deficiencies: It is our professional opinion that this building is Substandard because: - Building Code deficiencies total more than 15% of replacement cost. - Substantial renovation is required to correct Conditions found. Estimated Replacement Cost: $ 4,687,000 Estimated Cost to Correct Building Code Deficiencies: $ 2,023,826 Percentage of Replacement Cost: 43% Description of Condition Deficiencies Minnesota Statutes, Section 469.174, Subdivision 10, states that a building is Structurally Substandard if it contains "defects in structural elements or a combination of deficiencies in essential utilities and facilities, light and ventilation, fire protection including adequate egress, layout and condition of interior partitions, or similar factors, which defects or deficiencies are of sufficient total significance to justify substantial renovation or clearance." A.Defects in Structural Elements 1. Exterior Walls and Roof are damaged. B. Combination of Deficiencies 1. Essential Utilities and Facilities a. New plumbing fixtures and domestic water distribution required. b. New electrical system required. c. New GFI outlets required in wet spaces. 2. Light and Ventilation a. Several windows and storefront glass are broken. b. New ventilation/furnace system required. 3. Fire Protection/Adequate Egress a. Debris in building would make egress difficult. b. Doors are non-functional. 4. Layout and Condition of Interior Partitions/Materials a. Remove all interior surface materials in order to eliminate mold and mildew. b. Replace all interior surfaces. c. Graffiti painted throughout building. 5. Exterior Construction a. Exterior wood siding severely damaged,needs replacement. b. Replace storefront system and all windows. c. Concrete block walls retaining moisture,require tuck pointing. d. Site requires general cleanup to prevent damage to Richfield Lake. e. Damage at rear loading dock, overhead door and man door. f. Retaining walls near loading dock are damaged and should be replaced. 13 — 5'3 g. Exterior building signage is damaged and should be replaced. h. Building is not accessible from parking lots. Overview of Condition Deficiencies This building has been closed for a long period of time and has been vandalized to the point where it is not safe for occupancy. Almost every system in this building will require complete replacement, making it easy to determine that substantial renovation would be required to correct the condition deficiencies. Description of Code Deficiencies 1. The roof is allowing water intrusion and should be repaired with proper slope. 2. The domestic water system has been damaged due to freezing temperatures in the building. 3. New plumbing fixtures and domestic water distribution required. 4. Replace existing furnace and ventilation distribution system. 5. Mold development has made the building unsafe for occupancy. 6. Remove all interior surfaces in the building to eliminate the mold and mildew. 7. All glass storefronts,windows and doors require replacement to prevent water intrusion and rodents. 8. Electrical distribution system is non-functional and does not meet current code. 9. Building is not accessible from parking. 10. Building lighting is non-functional. 11. Sprinkler system is non-functional. M:\11Proj\110189\400 Design\406 Reports\TIF\Building Reports\Lyndale Garden Center.doc 13 -5(( APPENDIX C Building Replacement Cost Reports Code Deficiency Cost Reports Photographs • • I I3 -SS Square Foot Cost Estimate Report Estimate Name: Untitled Building Type: Office 1 Story with Tiltup Concrete Panel/Steel Roof Deck Location: MINNEAPOLIS,MN Stories Count(L.F.): 1.00 • r • Stories Height 12.00 v_J ,,• tea = '�, °�4 �.` 'K • Floor Area(S.F.): 4,000.00 • „g LaborT YP e Open Shop L. Basement Included: Yes � •Data Release: Year 2011 Quarter 2 Cost Per Square Foot $222.25 Costs are derived from a building model with basic components.Scope Total Building Cost $889,000 differences and market conditions can cause costs to vary significantly. of Cost Per Total SF Cost A Substructure 18.4% 35.50 $142,000 A1010 Standard Foundations 7.00 $28,000 Strip footing,concrete,reinforced,load 11.1 KLF,soil bearing capacity 6 KSF, 12"deep x 24"wide Spread footings,3000 PSI concrete,load LOOK,soil bearing capacity 6 KSF,4'-6"square x 15"deep A1030 Slab on Grade 5.38 $21,500 Slab on grade,4"thick,non industrial,reinforced A2010 Basement Excavation 3.62 $14,500 Excavate and fill,10,000 SF,8'deep,sand,gravel,or common earth,on site storage A2020 Basement Walls 19.50 $78,000 Foundation wall,CIP,12'wall height,pumped,.444 CY/LF,21.59 PLF, 12"thick B Shell 33.7% 65.12 $260,500 B1010 Floor Construction 22.50 $90,000 Cast-in-place concrete column, 12"square,tied,200K load, 12'story height, 142 lbs/LF,4000PSI Flat slab,concrete,with drop panels,6"slab/2.5"panel, 12"column,15'x15'bay,75 PSF superimposed load,153 P: B1020 Roof Construction 9.38 $37,500 Floor,steel joists,beams, 1.5"22 ga metal deck,on columns,25'x30'bay,25"deep,40 PSF superimposed load,60 Floor,steel joists,beams,1.5"22 ga metal deck,on columns,25'x30'bay,25"deep,40 PSF superimposed load,60 B2010 Exterior Walls 13.38 $53,500 Tilt-up concrete panels,vertical rib and light sandblast,6"thick,3000 PSI B2020 Exterior Windows 6.12 $24,500 Windows,aluminum,awning,insulated glass,4'-5"x 5-3" B2030 Exterior Doors 3.00 $12,000 Door,aluminum&glass,with transom,narrow stile,double door,hardware,6'-0"x 10'-0"opening Door,aluminum&glass,with transom,bronze finish,hardware,3'-0"x 10'-0"opening Door,steel 18 gauge,hollow metal,1 door with frame,no label,3'-0"x 7'-0"opening B3010 Roof Coverings 10.38 $41,500 Roofing,single ply membrane,EPDM,45 mils,loosely laid,stone ballast Insulation,rigid,roof deck,extruded polystyrene,25 PSI compressive strength,3"thick,R15 1 13 -56, %of Cost Per Total SF Cost Roof edges,aluminum,duranodic,.050"thick,6"face Flashing,aluminum,no backing sides,.019" Gravel stop,aluminum,extruded,8",duranodic,.050"thick B3020 Roof Openings 0.38 $1,500 Roof hatch,with curb, 1"fiberglass insulation,2'-6"x 4'-6",aluminum curb and cover, 1501bs C Interiors 14.7% 28.38 $113,500 C1010 Partitions 5.75 $23,000 Metal partition,5/8"water resistant gypsum board face,no base layer,3-5/8"@ 24"OC framing,same opposite face 1/2"fire ratedgypsum board,taped&finished,painted on metal furring C1020 Interior Doors 5.38 $21,500 Door,single leaf,kd steel frame,hollow metal,commercial quality,flush,3'-0"x 7'-0"x 1-3/8" C1030 Fittings 0.50 $2,000 Toilet partitions,cubicles,ceiling hung,plastic laminate C3010 Wall Finishes 1.50 $6,000 Painting,interior on plaster and drywall,walls&ceilings,roller work,primer&2 coats Vinyl wall covering,fabric back,medium weight C3020 Floor Finishes 8.12 $32,500 Carpet,tufted,nylon,roll goods,12'wide,36 oz Carpet,padding,add to above,minimum Vinyl,composition tile,maximum Tile,ceramic natural clay C3030 Ceiling Finishes 7.12 $28,500 Acoustic ceilings,3/4"mineral fiber,12"x 12"tile,concealed 2"bar&channel grid,suspended support D Services 33.3% 64.25 $257,000 D2010 Plumbing Fixtures 6.00 $24,000 Water closet,vitreous china,bowl only with flush valve,wall hung Urinal,vitreous china,wall hung Lavatory w/trim,vanity top,PE on CI,20"x 18" Service sink w/trim,PE on Cl,wall hung w/rim guard,24"x 20" Water cooler,electric,floor mounted,dual height,14.3 GPH D2020 Domestic Water Distribution 1.88 $7,500 Gas fired water heater,commercial, 100<F rise,75.5 MBH input,63 GPH Gas fired water heater,commercial,100<F rise,100 MBH input,91 GPH D3050 Terminal&Package Units 20.62 $82,500 Rooftop,multizone,air conditioner,offices, 10,000 SF,31.66 ton D4010 Sprinklers 3.38 $13,500 Wet pipe sprinkler systems,steel,light hazard, 1 floor, 10,000 SF D4020 Standpipes 1.25 $5,000 Wet standpipe risers,class III,steel,black,sch 40,4"diam pipe,1 floor D5010 Electrical Service/Distribution 10.75 $43,000 Service installation,includes breakers,metering,20'conduit&wire,3 phase,4 wire, 120/208 V,400 A Feeder installation 600 V,including RGS conduit and XHHW wire,400 A Switchgear installation,incl switchboard,panels&circuit breaker,600 A D5020 Lighting and Branch Wiring 13.00 $52,000 Receptacles incl plate,box,conduit,wire, 16.5 per 1000 SF,2.0 W per SF,with transformer Miscellaneous power,1.2 watts Central air conditioning power,4 watts Motor installation,three phase,460 V,15 HP motor size Fluorescent fixtures recess mounted in ceiling, 1.6 watt per SF,40 FC, 10 fixtures @32watt per 1000 SF D5030 Communications and Security 7.12 $28,500 2 13 — s7 %of Cost Per Total SF Cost Telephone wiring for offices&laboratories,8 jacks/MSF Communication and alarm systems,fire detection,addressable,25 detectors,includes outlets,boxes,conduit and w Fire alarm command center,addressable without voice,excl.wire&conduit Internet wiring,8 data/voice outlets per 1000 S.F. D5090 Other Electrical Systems 0.25 $1,000 Generator sets,w/battery,charger,muffler and transfer switch,gas/gasoline operated,3 phase,4 wire,277/480 V,7 E Equipment&Furnishings 0.0% 0.00 $0 E1090 Other Equipment 0.00 $0 F Special Construction 0.0% 0.00 $0 G Building Sitework 0.0% 0.00 $0 Sub Total 100% $193.25 $773,000 Contractor's Overhead&Profit 15.0% $29.00 $116,000 Architectural Fees 0.0% $0.00 $0 User Fees 0.0% $0.00 $0 Total Building Cost $222.25 $889,000 3 Lyndale Garden Redevelopment TIF District I 7 -5g Cost Worksheet Multi-Tenant Office Building Item Description Cost Unit Quantity Total Replace Roof Membrane Removal of existing membrane $ 2.00 SF 4,000 $ 8,000 Insulation and new membrane $ 8.00 SF 4,000 $ 32,000 Elevator required for basement tenants Demolition $ 7,000.00 Ea 1 $ 7,000 Elevator Installation $ 35,000.00 Ea 1 $ 35,000 Accessible Entrances at upper offices Demolition $ 1,500.00 Ea 4 $ 6,000 New Ramps $ 7,500.00 Ea 4 $ 30,000 New Doors and hardware Demolition $ 100.00 Ea 12 $ 1,200 New Door and Hardware $ 1,500.00 Ea 12 $ 18,000 Reconstruct Basement Stairs Demolition $ 5,000.00 Ea 4 $ 20,000 New Construction $ 20,000.00 Ea 4 $ 80,000 Reconstruct Bathrooms for ADA Demolition $ 3,000.00 Ea 4 $ 12,000 New Construction $ 7,000.00 Ea 4 $ 28,000 Install Egress Windows in Basement Demolition $ 500.00 Ea 4 $ 2,000 Installation of Egress Windows $ 2,500.00 Ea 4 $ 10,000 Remove Dead end Corridor in basement Demolition $ 500.00 Ea 1 $ 500 New Construction $ 5,000.00 Ea 1 $ 5,000 Improve ventilation in office spaces Demolition $ 250.00 Ea 8 $ 2,000 New Construction $ 2,500.00 Ea 8 $ 20,000 Total Costs $ 316,700 l 5-Si 110189 Lyndale TIF - Office Building 4 a.s<7:: n �^- y _ - - -� dal .Iii _ . - _ --�` - -I. 3 a 6 _ s a �— r img_6177 '� img_6178 2816x2112 (1.67 MB) 2816x2112(1.61 MB) ►k v> «• i - — �` _ I I El I img_6179 img_6180 2816x2112 (1.47 MB) 2816x2112 (1.73 MB) i 1 e„,.., ____ ,_ _ ____ # ;t ' .fir 1, , , , ., .{ fR i f I_ , ,....,, „.„,„ . , 1 ..-z, „.,, .„,,,,, , ,..,:„..„.„ ......„..,...,.... •. s 'i# Y _ l _ s ` v• ., a .. . . 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'-',., ..... ., _. :.„ • .4.. - - , . , , ..' .i 1•// � �. gam, - _ 4r ' img_6235 img_6252 2816x2112 (2.05 MB) 2816x2112 (1.6 MB) 13 --- 69 110189 Lyndale TIF - Office Building --.. ,,;,,...., : -, . .1 ♦r,1,4, .:' ' \III I e, ; ''---f:•"II NN _i $ `+, r e err . _ a �,-:----- - t X :, 222■,' ' _- --elm _ s ,AI r *-...1 _. -............... -10_ __ ,.---0=47..A 7.-=. 71;_,-,-,,,,-*W=t-'--?-t4=,-;21'- I i lk ; ; *n -• 4t '� } ; ..fit - `.' --=:St',-:s+.- ors ., - •k' ., . img_6253 img_6254 2816x2112 (1.62 MB) 2816x2112 (1.9 MB) .2s yJv" q ' k sue. ,, ' vim, g1p '. t a _ ____ img_6255 img_6256 2816x2112 (1.47 MB) 2816x2112(1.56 MB) r e . ,i `- ,, T - 3 vrx1 - R t- img_6257 2816x2112 (2.07 MB) I - 70 Square Foot Cost Estimate Report Estimate Name: Untitled Building Type: Store,Department,1 Story with Face Brick with Concrete Block Back-up/Steel Frame Location: MINNEAPOLIS,MN Stories Count(L.F.): 1.00 Stories Height 15.00 _ y Floor Area S.F. : 48,968.00 " 7),b; .? > ' t . LaborType Open Shop 1,M7 Basement Included: No ,1 P3 a ;.,,_ `. Data Release: Year 2011 Quarter 2 --- Cost Per Square Foot $95.72 Costs are derived from a building model with basic components.Scope Total Building Cost $4,687,000 differences and market conditions can cause costs to vary significantly. %of Cost Per Total SF Cost A Substructure 10.1% 8.36 $409,500 A1010 Standard Foundations 1.18 $58,000 Strip footing,concrete,reinforced,load 5.1 KLF,soil bearing capacity 3 KSF, 12"deep x 24"wide spread footings,3000 PSI concrete,load 75K,soil bearing capacity 3 KSF,5'-6"square x 13"deep A1030 Slab on Grade 5.40 $264,500 Slab on grade,4"thick,non industrial,reinforced A2010 Basement Excavation 0.30 $14,500 Excavate and fill, 100,000 SF,4'deep,sand,gravel,or common earth,on site storage A2020 Basement Walls 1.48 $72,500 Foundation wall,CIP,4'wall height,direct chute,.148 CY/LF,7.2 PLF,12"thick B Shell 32.7% 27.17 $1,330,500 B1010 Floor Construction 0.45 $22,000 Fireproofing,gypsum board,fire rated, 1 layer, 1/2"thick, 14"steel column,2 hour rating, 18 PLF B1020 Roof Construction 9.82 $481,000 Floor,steel joists,beams,1.5"22 ga metal deck,on columns,30'x30'bay,28"deep,40 PSF superimposed load,62 Floor,steel joists,beams,1.5"22 ga metal deck,on columns,30'x30'bay,28"deep,40 PSF superimposed load,62 B2010 Exterior Walls 8.72 $427,000 Brick wall,composite double wythe,standard face/CMU back-up,8"thick,perlite core fill B2020 Exterior Windows 1.90 $93,000 Aluminum flush tube frame,for 1/4"glass,1-3/4"x 4-1/2",5'x6'opening,1 intermediate horizontal Glazing panel,plate glass,3/8"thick,tinted 62030 Exterior Doors 0.42 $20,500 Doors,stainless steel&glass,balanced,standard,premium,3'-0"x 7'-0"opening Door,steel 18 gauge,hollow metal,1 door with frame,no label,3'-0"x 7'-0"opening 83010 Roof Coverings 5.73 $280,500 Roofing,asphalt flood coat,gravel,base sheet,3 plies 15#asphalt felt,mopped Insulation,rigid,roof deck,composite with 2"EPS,1"perlite Roof edges,aluminum,duranodic,.050"thick,6"face 1 13 %of Cost Per Total, SF Cost Gravel stop,aluminum,extruded,4",mill finish,.050"thick B3020 Roof Openings 0.13 $6,500 Roof hatch,with curb,1"fiberglass insulation,2'-6"x 3'-0",galvanized steel, 165 lbs Smoke hatch,unlabeled,galvanized,2'-6"x 3', not incl hand winch operator C Interiors 26.8% 22.30 $1,092,000 C1010 Partitions 2.21 $108,000 Metal partition,5/8"fire rated gypsum board face, 1/4"sound deadening gypsum board,2-1/2"@ 24",same opposite 1/2"fire ratedgypsum board,taped&finished,painted on metal furring C1020 Interior Doors 1.78 $87,000 Door,single leaf,kd steel frame,hollow metal,commercial quality,flush,3'-0"x 7'-0"x 1-3/8" C3010 Wall Finishes 0.29 $14,000 Painting,interior on plaster and drywall,walls&ceilings,roller work,primer&2 coats C3020 Floor Finishes 13.69 $670,500 Carpet tile,nylon,fusion bonded, 18"x 18"or 24"x 24",35 oz Tile,ceramic natural clay,marble,synthetic 12"x 12"x 5/8" C3030 Ceiling Finishes 4.34 $212,500 Acoustic ceilings,5/8"plastic coated mineral fiber, 12"x 12"tile,25 ga channel grid,adhesive back support D Services 30.5% 25.39 $1,243,500 D2010 Plumbing Fixtures 1.51 $74,000 Water closet,vitreous china,bowl only with flush valve,wall hung Urinal,vitreous china,wall hung Lavatory w/trim,vanity top,PE on CI,20"x 18" Service sink w/trim,PE on Cl,wall hung w/rim guard,24"x 20" Water cooler,electric,wall hung,dual height,14.3 GPH D2020 Domestic Water Distribution 0.35 $17,000 Gas fired water heater,commercial,100<F rise,500 MBH input,480 GPH D2040 Rain Water Drainage 0.72 $35,500 Roof drain,CI,soil,single hub,6"diam,10'high Roof drain,CI,soil,single hub,6"diam,for each additional foot add D3050 Terminal&Package Units 7.66 $375,000 Rooftop,single zone,air conditioner,department stores, 10,000 SF,29.17 ton D4010 Sprinklers 2.91 $142,500 Wet pipe sprinkler systems,steel,light hazard,1 floor,50,000 SF D4020 Standpipes 0.23 $11,500 Wet standpipe risers,class III,steel,black,sch 40,6"diam pipe,1 floor Wet standpipe risers,class III,steel,black,sch 40,6"diam pipe,additional floors D5010 Electrical Service/Distribution 2.14 $105,000 Service installation,includes breakers,metering,20'conduit&wire,3 phase,4 wire,120/208 V,1200 A Feeder installation 600 V,including RGS conduit and XHHW wire,1200 A Switchgear installation,incl switchboard,panels&circuit breaker, 1200 A D5020 Lighting and Branch Wiring 8.59 $420,500 Receptacles incl plate,box,conduit,wire,2.5 per 1000 SF,.3 W per SF,with transformer Miscellaneous power,to.5 watts Central air conditioning power,3 watts Fluorescent fixtures recess mounted in ceiling,1.6 watt per SF,40 FC, 10 fixtures @32watt per 1000 SF D5030 Communications and Security 1.24 $60,500 Communication and alarm systems,fire detection,addressable,100 detectors,includes outlets,boxes,conduit and■ Fire alarm command center,addressable with voice,excl.wire&conduit Internet wiring,2 data/voice outlets per 1000 S.F. D5090 Other Electrical Systems 0.04 $2,000 2 t3 -IP- %of Cost Per Total SF Cost Generator sets,w/battery,charger,muffler and transfer switch,gas/gasoline operated,3 phase,4 wire,277/480 V,7 E Equipment&Furnishings 0.0% 0.00 $0 E1090 Other Equipment 0.00 $0 F Special Construction 0.0% 0.00 $0 G Building Sitework 0.0% 0.00 $0 Sub Total 100% $83.23 $4,075,500 Contractor's Overhead&Profit 15.0% $12.49 $611,500 Architectural Fees 0.0% $0.00 $0 User Fees 0.0% $0.00 $0 Total Building Cost $95.72 $4,687,000 3 Lyndale Garden Redevelopment TIF District 13 13 Cost Worksheet Lyndale Garden Center and Hardware Store Item Description Cost Unit Quantity Total Roof and Skylight repairs Demolition $ 3.00 SF 48,968 $ 146,904 New insulation for roof slope $ 2.00 SF 48,968 $ 97,936 Membrane Adhered w/Flashings $ 3.75 SF 48,968 $ 183,630 Replace all storefront,windows and doors Demolition $ 30,000.00 Ea 1 $ 30,000 New Construction $ 140,000.00 Ea 1 $ 140,000 Remove and replace elect.System Demolition $ 1.00 SF 48,968 $ 48,968 Electrical Service/Distribution $ 2.00 SF 48,968 $ 97,936 Domestic Water Supply and plumbing Demolition $ 1.00 SF 48,968 $ 48,968 New Domestic Water distribution $ 0.50 SF 48,968 $ 24,484 plumbing fixtures $ 74,000.00 Ea 1 $ 74,000 Rain water drainage Demolition $ 5,000.00 Ea 1 $ 5,000 New Construction $ 35,500.00 Ea 1 $ 35,500 Mechanical System code compliance Demolition $ 15,000.00 Ea 1 $ 15,000 New Construction $ 375,000.00 Ea 1 $ 375,000 Sprinkler System and Standpipes Demolition $ 5,000.00 Ea 1 $ 5,000 New Construction $ 150,000.00 Ea 1 $ 150,000 Electrical Service/Distribution Demolition $ 5,000.00 Ea 1 $ 5,000 New Construction $ 105,000.00 Ea 1 $ 105,000 Lighting and Branch wiring Demolition $ 15,000.00 Ea 1 $ 15,000 New Construction $ 420,500.00 Ea 1 $ 420,500 Total Costs $ 2,023,826 13 - 79 110189 Lyndale TIF - Garden Center, , ,,,- -. :--_-_--;:-- ..--1,:-,---: _ ,, _mil ',,,,Ii_-::1, 's-1:'. 4,-;,:f-_,,Y-' i �-J�• . .- ►- _- _ -, • 4> # ' ng_6236 .:,�..� : img-._6237 2816x2112 (1.61 MB) 2816x2112(1.75 MB) _. _ __,--;,-f __,,, 4 " 1, ----"----,_-_, iii . , ......„ i _ _ ........,_,..._ Imro.pjiug...m..,........—„„— . 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LY P'DAL i� G ARDEH SEF05 TILIg'� 4 & HARDW"ARE. , t ` - . A .1 di img_6244 img_6245 2816x2112 (1.19 MB) 2816x2112 (2.04 MB) ■.--_,-- iiii. im . , ,. "r i mow. A . . ._ iniiiiiiii,: AWE'. . img_6246 img_6247 2816x2112 (1.53 MB) 2$16x2112 (1.69 MB) r3 --76 110189 Lyndale TIF - Garden Center _-_,,,,, ,- , . lvq. f, , — W., . ..-Wi.e,6. trilif*.,, „,..-441. ,;i.,,- - '-----= - -fikPO -'4t8 t4' - . - TIT:", A\, b —_.... , �" ?i; t 'r? 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Finding that the District is a redevelopment district as defined in M.S., Section 469.174, Subd. 10(a)(1). The District consists of 4 parcels and it is proposed that these parcels be redeveloped for housing and commercial purposes. All parcels within the District are occupied by buildings, streets, utilities, paved or gravel parking lots or other similar structures,and the occupied parcels make up more than 70%of the area of the District.More than 50%of the buildings within the District(2 of 3 buildings), not including outbuildings, are structurally substandard to a degree of requiring substantial renovation or clearance.The substandard buildings are reasonably distributed throughout the District. The Council has specifically relied on a study conducted by LHB, Inc., dated July 22, 2011, and entitled "Report of Inspections and Results for Determining Qualifications of a Tax Increment Financing District as a Redevelopment District (Lyndale Gardens TIF District, Richfield, Minnesota)," which is included in the TIF Plan at Appendix F,to make these determinations. 2. The proposed development, in the opinion of the City, would not reasonably be expected to occur solely through private investment within the reasonably foreseeable future. The anticipated development consists of three phases.The first phase will include the acquisition of property and the substantial rehabilitation of the Lyndale Garden Center in order to make it suitable for commercial use, including possible restaurant,retail, office, and community space. The second and third phases will include construction of approximately 100 units of rental housing, some of which will be affordable housing. The redevelopment project requires acquisition of several parcels of property, demolition of one building, environmental remediation, site improvements, and substantial rehabilitation of the Lyndale Garden Center building.Current estimates of redevelopment costs are more than$30,000,000.The cost and scope ofthe proposed redevelopment make it unlikely to occur solely through private investment. The developer has submitted a pro forma to the City demonstrating that the costs of acquiring the land for all phases of the redevelopment project,demolition costs,environmental remediation costs, site improvements, and construction of certain public improvements are economically infeasible without the assistance provided in the TIF Plan.The developer has certified to the City that it would not acquire the property and construct the housing and commercial development without the requested assistance.In order to make the redevelopment of this blighted area feasible,and provide affordable housing to persons of moderate income within the City, TIF assistance is required to reduce the price of redevelopment costs. The increased market value of the site that could reasonably be expected to occur without the use of tax increment financing would be less than the increase in market value estimated to result from the proposed development after subtracting the present value of the projected tax increments for the maximum duration of the District permitted by the TIF Plan. The City believes that the comprehensive nature of the proposed commercial and housing development,which requires significant time and expense to acquire parcels necessary for the Appendix G-1 development and the substantial renovation of a structurally substandard building,would not occur without the requested TIF assistance. Specifically, the proposed combination of housing and commercial development in the District is necessary in order to make the redevelopment of the Lyndale Garden Center economically feasible for the developer. The Lyndale Garden Center is currently vacant and in very poor condition, has been cited for numerous code violations, and has attracted trespassers. The property has remained vacant for many years without any successful proposals to redevelop the site. Providing assistance to the developer for all three phases of the proposed development will ensure that the Lyndale Garden Center is rehabilitated and the site is incorporated into the surrounding development. Therefore,the City reasonably determines that no other development of similar scope is anticipated on this site without substantially similar assistance being provided for the development. To summarize the basis for the City's findings,the City makes the following determinations: a. The City's estimate of the amount by which the market value of the site will increase without the use of tax increment financing is $0 (for the reasons described above), except some unknown amount of appreciation. b. If the proposed development to be assisted with tax increment occurs in the District,the total increase in market value would be approximately$21,765,885.The increase in market value would be due primarily to substantial building rehabilitation and new construction within the District. (See Appendix D of TIF Plan and the table below.) c. The present value of tax increments from the District for the maximum duration of the district permitted by the TIF Plan is estimated to be no more than$6,302,782.(See Appendix D of TIF Plan and the table below.) d. Even if some development other than the proposed development were to occur,the Council finds that no alternative would occur that would produce a market value increase greater than $15,463,103 (the amount in clause b less the amount in clause c) without tax increment assistance. But-For Analysis Current Market Value 4,420,000 New Market Value-Estimate 26,185,885 Difference 21,765,885 Present Value of Tax Increment 6,302,782 Difference 15,463,103 Value Likely to Occur Without TIF is Less Than: 15,463,103 4. Finding that the TIF Plan for the District conforms to the general plan for the development or redevelopment of the municipality as a whole. The Planning Commission reviewed the TIF Plan and found that the TIF Plan conforms to the general development plan of the City. Appendix G-2 13-a° 5. Finding that the TIFPlan for the District will afford maximum opportunity,consistent with the sound needs of the City as a whole,for the development of the Lyndale Garden Center project by private enterprise. The commercial and housing projects to be developed within the District and assisted with tax increment financing from the District will result in the redevelopment of blighted and underutilized land which currently has obsolete land use and substandard buildings,promotion of the development of affordable housing, promotion of commercial development, and preservation and enhancement of the tax base of the City. Appendix G-3 13 -8 Appendix H Prior Planned Improvements Appendix G-4 PERMIT 13 - g City of Richfield . Permit Type: Building 6700 Portland Avenue South Permit Number: RI089244 Richfield,MN 55423 RICHFIELCI Date Issued: 05/26/2011 612-861-9860 PUBLIC www.cityofrichfield.org SAFETY Site Address: 6400 Lyndale Ave S Lot: Block: Addition: PID: 28-028-24-11-0080 Use: LYNDALE GARDEN CENTER Description: Sub Type: Commercial Construction Type: Work Type: Demo Building Description: REMOVE SIGN STRUCTURES,FENCE, DEBRIS FROM SITE Occupancy: Census Code: - Zoning: Square Feet: 0 Comments: Fee Summary: Description Amount Revenue Code Demo Commercial $147.25 10505-4152 Valuation: 7,000 Surcharge-Based on Valuation $3.50 70020-2081 Total: $150.75 Contractor: - Applicant - Owner: RJ MARCO CONSTRUCTION RANCHO RICHFIELD LLC 75 W VIKING DRIVE 4518 NORTH LANE LITTLE CANADA MN 55117 DEL MAR CA 92014 (651)484-5635 (858)794-2735 This permit is issued on the express condition that all work shall be done in accordance with ordinances and building codes of the City of Richfield and the State of Minnesota. Annlicant/Permitee- Signature Issued By: Signature IS -$3 ■ e ■ 41illik Tax Increment Financing District Overview City of Richfield Lyndale Gardens Tax Increment Financing District The following summary contains an overview of the basic elements of the Tax Increment Financing Plan for the Lyndale Gardens Tax Increment Financing District. More detailed information on each of these topics can be found in the complete Tax Increment Financing Plan. Proposed action: > Establishment of the Lyndale Gardens Tax Increment Financing District (the "District") and the adoption of a Tax Increment Financing Plan (TIF Plan). Modification to the Redevelopment Plan for the Richfield Redevelopment Project Area includes the establishment of the Lyndale Gardens Tax Increment Financing District, which represents a continuation of the goals and objectives set forth in the Redevelopment Plan for the Richfield Redevelopment Project Area. Type of TIF District: Aredevelopment district Parcel Numbers: 28-028-24-11-0080 28-028-24-11-0002 27-028-24-23-0064 27-028-24-23-0065 Proposed The District is being created to facilitate the construction of a mixed-use Development: commercial/retail,multi-family rental housing and public/community space in the City. Please see Appendix A of the TIF Plan for a more detailed project description. Maximum duration: The duration of the District will be 25 years from the date of receipt of the first increment(26 years of increment). The City elects to receive the first tax increment in 2014. It is estimated that the District, including any modifications of the TIF Plan for subsequent phases or other changes, would terminate after December 31, 2039, or when the TIF Plan is satisfied. Estimated annual tax Up to $1,018,106 increment: 0 EHLERS LEADERS IN PUBLIC FINANCE 13 -84 Authorized uses: The TIF Plan contains a budget that authorizes the maximum amount that may be expended: Land/Building Acquisition $3,000,000 Site Improvements/Preparation $351,000 Utilities $0 Other Qualifying Improvements $15,000 Costs Outside of District $2,340,000 Administrative Costs(up to 10%) $1,560,000 PROJECT COSTS TOTAL $7,266,000 Interest $8,334,000 PROJECT COSTS TOTAL $15,600,000 See Subsection 2-10, on page 2-6 of the TIF Plan for the full budget authorization. Form of financing: The project is proposed to be financed by a pay-as-you-go note. Administrative fee: Up to 10% of annual increment, if costs are justified. Interfund Loan If the City wants to pay for administrative expenditures from a tax increment Requirement: fund, it is recommended that a resolution authorizing a loan from another fund be passed PRIOR to the issuance of the check. 4 Year Activity Rule After four years from the date of certification of the District one of the (§469.176 Subd. 6) following activities must have been commenced on each parcel in the District: • Demolition • Rehabilitation • Renovation • Other site preparation (not including utility services such as sewer and water) If the activity has not been started by approximately August 2015, no additional tax increment may be taken from that parcel until the commencement of a qualifying activity. 5 Year Rule Within 5 years of certification revenues derived from tax increments must be (§469.1763 Subd. 3) expended or obligated to be expended. Any obligations in the District made after approximately August 2016, will not be eligible for repayment from tax increments. 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I��fffiff- 111111111 14 11111 Imt .1111111 1«1111111.1 ,1111 =-111111 noun..7i. t§, , jjjjJV_-1141111 77 IIIII 111111111-'t11111t6 31111116 roll a'11111111111111:.1111111+r y.,t ;01111. 51111120 II EHLERS LEADERS IN PUBLIC FINANCE AGENDA SECTION: PUBLIC HEARINGS AGENDA ITEM# 14 REPORT# 174 =MAI STAFF REPORT RICHFIELD CITY COUNCIL MEETING AUGUST 9, 2011 REPORT PREPARED BY: KAREN BARTON, ASST COMMUNITY DEVELOPMENT DIRECTOR NAME,TITLE DEPARTMENT DIRECTOR d —� A� I, u REVIEW: I�I�M �� r REVIEWED BY CITY - i' / MANAGER: ' �� I` ITEM FOR COUNCIL CONSIDERATION: Consideration of approval of a Spending Plan for certain tax increment financing districts located within the Richfield Redevelopment Project Area. I. RECOMMENDED ACTION: By Motion: 1) Conduct a public hearing regarding a Spending Plan; and 2) Adopt a resolution approving a Spending Plan for certain tax increment financing districts located within the Richfield Redevelopment Project Area. II. BACKGROUND Due to the current economic situation, the Minnesota Legislature has passed legislation allowing for a special financing tool to stimulate development and create jobs. The Legislature has recognized that economic development can be promoted by utilizing the tax increment which cities have collected from a Tax Increment Finance (TIF) District that exceed the qualified costs which those districts were intended to fund. Normally, when excess tax increment is collected, a municipality is required to refund any remaining cash balances to Hennepin County. The County then reallocates the funds to the taxing jurisdictions at their local rate, resulting in Richfield receiving approximately 34% of the funds. 08092011 Proposed Spending Plan 389916v1 JAE RCI25-316 The 2011 Omnibus Technical Tax Bill adopted by the Legislature, however, allows this money to be provided as "assistance in any form to private development consisting of the construction or substantial rehabilitation of buildings and ancillary facilities, if doing so will create or retain jobs in this state, including construction jobs, and that the construction commences before July 1, 2012 [for commercial projects or January 1, 2012 for market-rate housing projects]." It further states that, "the authority to spend tax increments under this subdivision expires December 31, 2012." Staff has identified two TIF Districts that currently have cash balances for which no other qualified costs have been identified. The first of these is a current cash balance of$200,725 in the Interchange TIF District, which contains only the Dick's Sporting Goods store. The other such district is the Lyndale Gateway TIF District which has a current cash balance of $750,720, which contains Casteel Place townhomes and Mainstreet Village. The primary reason that such a large cash balance exists in this district is because Casteel Place generates a significant amount of TIF, but the development sold so well that the "lookback provision" in the development agreement resulted in the Developer (Ron Clark) receiving very little of that increment. The HRA has approved the Spending Plan and is considering granting assistance pursuant to the Spending Plan to Lyndale Gardens, LLC., a Minnesota limited liability company, the new entity formed by The Cornerstone Group, to finance the acquisition of the Lyndale Garden Center and certain redevelopment activities, including the remediation of environmental contaminants and the substantial rehabilitation of the existing building so that it is suitable for commercial use. III. BASIS OF RECOMMENDATION A. POLICY • Minnesota Statutes, Section 469.176, Subd. 4m, (the "temporary TIF Authority Act") authorizes the HRA to spend available tax increment from any existing tax increment financing district to provide assistance in any form to private development consisting of construction or substantial rehabilitation of buildings and ancillary facilities provided: o Such assistance will create or retain jobs in the State of Minnesota, including construction jobs; o Construction commences before July 1, 2012 for private commercial development; o The construction would not have commenced before that date without the assistance; o Tax increments under the spending plan are spent by December 31, 2012; and • The City Council approves a written spending plan after conducting a duly noticed public hearing that specifically authorizes the HRA to take such actions B. CRITICAL TIMING ISSUES 389916v1 JAE RC125-316 • The HRA adopted a resolution approving the Spending Plan at their July 25, 2011 meeting C. FINANCIAL • A total of$951,445 in excess tax increment has been identified and is eligible for the proposed uses. D. LEGAL • The HRA attorney has been involved in the on-going process and has drafted the attached Resolution and Spending Plan. E. ENVIRONMENTAL CONSIDERATIONS • N/A IV. ALTERNATIVE RECOMMENDATION(S) • Do not adopt the resolution approving the Spending Plan. V. ATTACHMENTS • Resolution approving the Spending Plan • Spending Plan VI. PRINCIPAL PARTIES EXPECTED AT MEETING • Legal Counsel • City's Financial Consultant 389916v1 JAE RC125-316 CITY OF RICHFIELD,MINNESOTA RESOLUTION NO. RESOLUTION APPROVING A SPENDING PLAN FOR CERTAIN TAX INCREMENT FINANCING DISTRICTS LOCATED WITHIN THE RICHFIELD REDEVELOPMENT PROJECT AREA WHEREAS, the Housing and Redevelopment Authority in and for the City of Richfield (the "HRA")and the City of Richfield(the"City")have previously established the Interchange Tax Increment Financing District and the Lyndale Gateway Tax Increment Financing District (collectively, the "TIF Districts") within the Richfield Redevelopment Project Area and adopted tax increment financing plans therefor, pursuant to Minnesota Statutes, Sections 469.001 to 469.047, as amended, and Sections 469.174 to 469.1799, as amended; and WHEREAS, Minnesota Statutes, Section 469.176, Subd. 4m (the "Temporary TIF Authority Act") authorizes the Housing and Redevelopment Authority in and for the City of Richfield, Minnesota (the "HRA") to spend available tax increment from any existing tax increment financing district, notwithstanding any other law to the contrary, to provide improvements, loans, interest rate subsidies, or assistance in any form to private development consisting of construction or substantial rehabilitation of buildings and ancillary facilities, if the following conditions exist: (1) Such assistance will create or retain jobs in the State of Minnesota, including construction jobs; (2) Construction commences before (a) July 1, 2011, for low- and moderate-income housing developments; (b) January 1, 2012, for market rate housing developments; and (c) July 1, 2012, for all other private developments; (3) The construction would not have commenced before the dates specified above without the assistance; (4) Tax increments under the spending plan are spent by December 31,2012; and (5) The City Council of the City approves a written spending plan (after a duly noticed public hearing)that specifically authorizes the HRA to take such actions; and WHEREAS, the HRA has proposed to apply available tax increments from the TIF Districts for various uses in accordance with the Temporary TIF Authority Act, and to that end has caused to be prepared a document entitled "Spending Plan for Interchange Tax Increment Financing District and Lyndale Gateway Tax Increment Financing District (Temporary TIF Authority under Minn. Stats., Section 469.176, Subd. 4m)"(the"Spending Plan"); and WHEREAS, the assistance authorized under the Spending Plan expressly includes, but is not limited to, assistance to The Cornerstone Group, Inc., a Minnesota corporation to finance the costs of redeveloping the Lyndale Garden Center, located at 6400 Lyndale Avenue South in the City, which costs shall include the acquisition of the property, the remediation of environmental contaminants and the substantial rehabilitation of the existing building so that it is suitable for commercial use; and 1 WHEREAS, at its meeting on July 25, 2011, the Board of the HRA approved the Spending Plan; and WHEREAS, on this date, the Council held a public hearing regarding the Spending Plan, for which notice was published in a newspaper of general circulation in the City at least once, not less than ten days nor more than 30 days prior to the hearing, and at which hearing all persons were given the opportunity to be heard; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF RICHFIELD,MINNESOTA: 1. The Spending Plan is hereby approved in substantially the form on file in City Hall. 2. The City makes all the findings set forth in the Spending Plan,which are incorporated herein by reference. 3. I-IRA staff and consultants are hereby authorized to take actions necessary to carry out the terms of the Spending Plan. Adopted by the City Council of the City of Richfield,Minnesota,this 9th day of August, 2011. Debbie Goettel,Mayor Nancy C. Gibbs, City Clerk RC125-316(JAE) 388010v4 2 HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR THE CITY OF RICHFIELD,MINNESOTA SPENDING PLAN FOR INTERCHANGE TAX INCREMENT FINANCING DISTRICT AND LYNDALE GATEWAY TAX INCREMENT FINANCING DISTRICT (TEMPORARY TIF AUTHORITY UNDER MINN. STATS.,SECTION 469.176, SUBD.4M) ADOPTED BY THE BOARD OF COMMISSIONERS OF THE HRA JULY 25,2011 ADOPTED BY THE CITY COUNCIL OF THE CITY AUGUST 9,2011 Iy - y SPENDING PLAN FOR INTERCHANGE TAX INCREMENT FINANCING DISTRICT AND LYNDALE GATEWAY TAX INCREMENT FINANCING DISTRICT (TEMPORARY TIF AUTHORITY UNDER MINN. STATS., SECTION 469.176,SUBD. 4M) I. PURPOSE The Housing and Redevelopment Authority in and for the City of Richfield, Minnesota (the "HRA") proposes to adopt a spending plan (the "Spending Plan") for certain tax increment financing districts as described in Exhibit A attached hereto (collectively, the "TIF Districts") within the Richfield Redevelopment Project Area in accordance with Minnesota Statutes, Section 469.176, Subd. 4m (the "Temporary TIF Authority Act"). Under the Temporary TIF Authority Act, the HRA is authorized to spend available tax increment from any existing tax increment financing district, notwithstanding any other law to the contrary, to provide improvements, loans, interest rate subsidies, or assistance in any form to private development consisting of construction or substantial rehabilitation of buildings and ancillary facilities, if the following conditions exist: (a) Such assistance will create or retain jobs in the State of Minnesota, including construction jobs; (b) Construction commences before (a) July 1, 2011, for low- and moderate-income housing developments; (b) January 1, 2012, for market rate housing developments; and (c) July 1, 2012, for all other private developments; (c) The construction would not have commenced before that date without the assistance; (d) The City Council approves a written spending plan (after a duly noticed public hearing) that specifically authorizes the HRA to take such actions; and (e) The tax increments authorized under the Spending Plan are spent by December 31, 2012 (or in the case of market rate housing are spent by July 31, 2012, or in the case of low/moderate income housing are spent by December 31, 2011). The HRA has determined to authorize expenditures of tax increment from the TIF Districts under the Temporary TIF Authority Act as further described in this Spending Plan. II. SPENDING PLAN The HRA is authorized as follows: (a) The Authority may use any available tax increments from the TIF Districts received through December 31, 2012 and not otherwise pledged to any outstanding contract or obligation(referred to as "Available Spending Plan Increment") to provide improvements, loans, interest rate subsidies, or assistance in any form to private development occurring anywhere within the City of Richfield, Minnesota(the"City"),that meets the requirements of the Temporary TIF Authority Act described above (subject to the separate time limits for any housing developments). 1 Jq - s (b) The assistance authorized under this Spending Plan expressly includes, but is not limited to, assistance to The Cornerstone Group, Inc., a Minnesota corporation (the "Developer") to finance the acquisition and redevelopment of the Lyndale Garden Center, located at 6400 Lyndale Avenue South in the City. The redevelopment of the Lyndale Garden Center will include acquisition of the property, the remediation of environmental contaminants and the substantial rehabilitation of the existing building so that it is suitable for commercial use (the "Improvements"). In connection with such assistance, the City expressly finds that: 1. The Improvements will create or retain at least 25 new full-time equivalent construction jobs at the Lyndale Garden Center site(representing jobs that would not otherwise exist elsewhere in Minnesota, or would not be retained in Minnesota), based on estimates provided by the Developer. 2. The Developer will be required to commence construction of the Improvements by no later than July 1, 2012. The Improvements would not be commenced before July 1, 2012 without the assistance under this Spending Plan. The Developer would not have sufficient funds to acquire the property and complete the necessary remediation of environmental contaminants and the substantial rehabilitation of the existing building without the assistance provided pursuant to this Spending Plan. (c) In addition to the assistance for the Improvements described above, the HRA is authorized to spend Available Spending Plan Increment for any other private development in the City for which the HRA finds that the private development will create or retain jobs in the State (including construction jobs); that the private development will commence before the required date (depending on the type of development); and that such construction would not have commenced before the required date without the assistance under this Spending Plan. The HRA must document its findings under this section at the time of approval of assistance to each development. (d) In accordance with the Temporary TIF Authority Act, the HRA may implement this Spending Plan by making an equity or similar investment in a corporation, partnership or limited liability company that the 1 RA determines is necessary to make construction that meets the requirements of paragraph(c) financially feasible. (e) This Spending Plan authorizes, but does not obligate, the HRA to spend Available Spending Plan Increment. Any obligation to provide assistance under this Spending Plan must be evidenced by a contact approved by the Board of Commissioners of the HRA, entered into with a private party who otherwise meets the requirements of this Spending Plan and the Temporary TIF Authority Act. (f) In accordance with the Temporary TIF Authority Act, the authority to spend Available Spending Plan Increment under this Spending Plan expires on December 31, 2012 (subject to the earlier expiration dates for market rate and low/moderate income housing referenced above). No Available Spending Plan Increment may be spent under this Spending Plan after December 31, 2012 unless such expenditure is otherwise authorized by law without regard to the Temporary TIF Authority Act. (g) The City and the HRA acknowledge that assistance provided pursuant to this Spending Plan will be subject to Minnesota Statutes, Sections 116J.993 to 116J.995 (the "Business Subsidy Act"), unless the assistance provided to a specified recipient is exempt from the Business Subsidy Act under the terms of that statute. 2 ly - Cv (h) The City and the HRA may amend this Spending Plan at any time in accordance with the procedures for approval of the Spending Plan under the Temporary TIF Authority Act. (i) PIRA staff are authorized and directed to maintain a copy of this Spending Plan with the HRA's records for the TIF Districts, and to file a copy of the Spending Plan with the Office of the State Auditor(as requested by the State Auditor in the August, 2010 TIF Division Newsletter). (Remainder of page intentionally left blank.) 3 EXHIBIT A LIST OF TAX INCREMENT FINANCING DISTRICTS The following tax increment financing districts located within the Richfield Redevelopment Project Area are defined as the "Tax Increment Financing Districts" in the Spending Plan to which this Exhibit A is attached: Interchange Tax Increment Financing District Lyndale Gateway Tax Increment Financing District RC125-316(JAE) 388009v.4 A-1