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092711completeagenda CITY OF RICHFIELD, MINNESOTA TUESDAY, SEPTEMBER 27, 2011 RICHFIELD MUNICIPAL CENTER 6700 PORTLAND AVENUE SPECIAL CITY COUNCIL MEETING HEREDIA CONFERENCE ROOM 5:45 P.M. AGENDA Call to order 1. Interview of youth interested in serving on City advisory commissions (Council Memo No. 108) Notes: Adjournment SPECIAL CITY COUNCIL WORKSESSION BARTHOLOMEW CONFERENCE ROOM 6:15 P.M. AGENDA Call to order Roll call 1. Discussion regarding Orfield Laboratories Inc. Richfield Municipal Center Performance Commissioning (Council Memo No. 109) Notes: Adjournment ******************************************************************************************************* REGULAR CITY COUNCIL MEETING COUNCIL CHAMBERS 7:00 P.M. AGENDA INTRODUCTORY PROCEEDINGS Call to order Roll call Open forum (15 minutes maximum) Each speaker is to keep their comment period to three minutes to allow sufficient time for others. Comments are to be an opportunity to address the Council on items not on the agenda. Individuals who wish to address the Council must have registered prior to the meeting. Notes: Pledge of Allegiance Approval of minutes of(1) Special City Council Meeting of September 12, 2011; (2) Special City Council/Planning Commission Worksession of September 13, 2011; and (3) Regular City Council Meeting of September 13, 2011 PRESENTATION 1. Presentation from Richfield School District Superintendent Robert Slotterback COUNCIL DISCUSSION 2. Council discussion • Hats Off to Hometown Hits Notes: AGENDA APPROVAL 3. Council approval of agenda CONSENT CALENDAR 4. Consent Calendar contains several separate items,which are acted upon by the City Council in one motion. Once the Consent Calendar has been approved, the individual items and recommended actions have also been approved. No further Council action is necessary. However, any Council Member may request that an item be removed from the Consent Calendar and placed on the regular agenda for Council discussion and action. All items listed on the Consent Calendar are recommended for approval. A. Consideration of approval of resolution certifying delinquent water, sanitary sewer and storm water utility accounts to County Auditor S.R. No. 191 B. Consideration of approval of 2012 agreement with Hennepin County and City of Richfield/Public Safety Department/Police for police cadet funds S.R. No. 192 C. Consideration of approval of bid minutes/tabulation and award of contract to Rice Lake Construction Group for rehabilitation of water plant clarifiers/baffles and chain room piping/pumps in amount of$745,550 S.R. No. 193 D. Consideration of approval of temporary wine and temporary on-sale 3.2 percent malt liquor licenses for Church of St. Richard for November Fest on November 12 and 13, 2011 S.R. No. 194 E. Consideration of approval of temporary food and temporary on-sale liquor licenses for Church of St. Peter's Renaissance in Richfield on October 14 through 16, 2011 S.R. No. 195 Notes: 5. Consideration of items, if any, removed from Consent Calendar Notes: PUBLIC HEARINGS 6. Public hearing regarding resolution authorizing vacation of utility easement at 6401 Lyndale Avenue Staff Report No. 196 Notes: 7. Public hearing regarding resolution granting final approval of plat for 6401 Lyndale Avenue, 515 64th Street West and 521 64th Street West Staff Report No. 197 Notes: PROPOSED ORDINANCES 8. Consideration of second reading of ordinance amending Subsection 537.05, Subdivision 1 of Richfield City Code related to conditional uses in mixed use districts Staff Report No. 198 Notes: 9. Consideration of second reading of ordinance rezoning properties located at 6401 Lyndale Avenue, 515 64th Street West and 521 64th Street West from C-2 (General Commercial) and R (Single-Family Residential) to PMR (Planned Multi-Family Residential) and resolution authorizing summary publication of ordinance Staff Report No. 199 Notes: OTHER BUSINESS 10. Consideration of authorizing staff to solicit bids for remaining work of Honoring All Veterans Memorial Staff Report No. 200 Notes: 11. Consideration of appointments to fill youth terms on City advisory commissions Staff Report No. 201 Notes: PROPOSED ORDINANCE 12. Consideration of: • Close meeting to consider purchase agreement from Wellington Management, Inc. for purchase of Lot 3, Block 1, Heyman Addition; • Accept or extend counter proposal to purchase agreement; • First reading of ordinance providing for sale of certain real property of City and scheduling second reading for October 11, 2011 Staff Report No. 202 Notes: CITY MANAGER'S REPORT 13. City Manager's report Notes: 14. 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: 15. 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: September 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 September 2011 Monday- Tuesday Wednesday `:C`hursclay _ Friday 29 Aug 30 31 1 I Sep 2 7:OOp Arts Commission @ 7000 Nicollet Ave 5 6 7 8 9 City Administrative 11:30a Richfield Tourism CANCELED-7 PM offices closed--Labor Promotion Board @ Transportation Day holiday 6601 Lyndale Ave, Suite Commission Meeting 106 6:30p Human Rights Commission 12 13 14 15 16 5:30 PM Special City 6:OOp City 7:OOp Friendship City Council Meeting Council/Planning Commission (budget) Commission Worksession 7:OOp City Council Regular Meeting 19 20 21 22 23 6:OOp Advisory Board of 8:OOa Civil Service SATURDAY, SEPT.24 Health Commission(Babcock 9:30 a.m.-10:30 a.m. 7:OOp Housing and Room) Mayor's Hour @ Redevelopment 7:OOp Community Farmers' Market Authority(HRA) Services Commission @ 7000 Nicollet Ave 26 27 28 29 30 5:30p Human Services 5:45p Special City Planning Council Council Meeting 7:OOp Planning (commission interviews) Commission in Heredia Conference Room 6:15p Special City Council Worksession 7:OOp City Council Regular Meeting 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 9/22/2011 CITY COUNCIL MEETING MINUTES RICHFIELD Richfield, Minnesota Special City Council Meeting September 12, 2011 CALL TO ORDER The meeting was called to order by Mayor Goettel at 5:33 p.m. in the Council Chambers. ROLL CALL Members Present: Debbie Goettel, Mayor; Sue Sandahl; Pat Elliott; and Tom Fitzhenry. Members Absent: Fred Wroge Staff Present: Steven L. Devich, City Manager; Pam Dmytrenko, Assistant City Manager; Mike Eastling, Public Works Director; John Stark, Community Development Director; Jim Topitzhofer, Recreation Services Director; Wayne Kewitsch, Fire Chief; Bill Fillmore, Municipal Liquor Operations Director; Barry Fritz, Public Safety Director/Chief; Todd Sandell, Public Safety Deputy Director/Chief; Chris Regis, Finance Manager; and Cheryl Krumholz, Recording Secretary. M/Goettel, S/Sandahl to excuse Council Member Wroge from the September 12, 2011 Special City Council Meeting. Motion carried 4-0. Item #1 DISCUSSION REGARDING CITY COUNCIL MEMBER ATTENDANCE AT NATIONAL LEAGUE OF CITIES CONGRESS OF CITIES IN NOVEMBER 2011 Mayor Goettel will attend the conference. Item #2 DISCUSSION OF 2011 REVISED/2012 PROPOSED BUDGET AND 2012 PRELIMINARY TAX LEVY City Manager Devich introduced the 2012 proposed budget and preliminary tax levy. Finance Manager Regis presented the overall budget and tax levy PowerPoint. Council Meeting Minutes -2- September 12,2011 City Manager Devich reviewed the Legislative/Executive Department budgets. Assistant City Manager Dmytrenko reviewed the Administrative Services Department budgets. Public Safety Deputy Director/Chief Sandell reviewed the Public Safety Department budgets. Fire Chief Kewitsch reviewed the Fire Services Department budget. Community Development Director Stark reviewed the Community Development Department budgets. Public Works Director Eastling reviewed the Public Works Department budgets. He stated the Utility budgets would be discussed at the October 27, 2011 City Council Worksession. Recreation Services Director Topitzhofer reviewed the Recreation Services Department budgets. Municipal Liquor Operations Director Fillmore reviewed the Liquor Operations Department budgets. City Manager Devich discussed the Market Value Homestead Credit Program impacts recently approved by the State Legislature. Mayor Goettel stated she supported hiring a person to serve as back-up to the Finance Manager because the lack of this internal control is a finding of the auditor. The PowerPoint presentation is City Clerk File No. 461. ADJOURNMENT The open meeting was adjourned by unanimous consent at 7:48 p.m. Date Approved: September 27, 2011 Debbie Goettel Mayor Cheryl Krumholz Steven L. Devich Recording Secretary City Manager EM CITY COUNCIL MINUTES RICHFIELD Richfield, Minnesota Special City Council/Planning Commission Worksession September 13, 2011 CALL TO ORDER The meeting was called to order by Mayor Goettel at 6:00 p.m. ROLL CALL Council Members Debbie Goettel, Mayor; Sue Sandahl; Pat Elliott; and Tom Fitzhenry. Present: Council Members Fred Wroge Absent: Planning Members Rick Jabs, Chair; Tom Rublein; Gordon Vizecky; Joshua Root; Robert Hall; Present: Daniel Kitzberger; Dennis Schuller Planning Members Maureen Scaglia Absent: Staff Present: Steven L. Devich, City Manager; Mike Eastling, Public Works Director; Jeff Pearson, Transportation Engineer; Melissa Poehlman, City Planner; Corrine Heine, City Attorney; and Cheryl Krumholz, Recording Secretary. Item # I DISCUSSION REGARDING MENARDS DEVELOPMENT PROPOSAL FOR 77TH STREET AND NICOLLET AVENUE AREA Theron Berg, Menards representative, reviewed and discussed the revised site plan and elevations for the proposed Menards development, which contains some difficult issues needing to be addressed. City Planner Poehlman stated staff is comfortable with the number of parking spaces and had asked for a reduction in spaces to add more landscaping. Community Development Director Stark explained staff is supportive of the Menards project, there are code enforcement and other applicable requirements, including non-compliance with many provisions of the Comprehensive Plan or Zoning Ordinance and the location of ingress/egress into the site not meeting engineering guidelines from Hennepin County and City's Public Works staff. Special Worksession Minutes -2- September 13, 2011 Planning Commissioner Root expressed concern regarding the aesthetic aspect of the non- windows on the building wall along 77th Street and that the ingress/egress as presented appears difficult. Mr. Berg explained MnDOT and Hennepin County are conducting a traffic study for Nicollet Avenue and the 494 frontage road and there are threshold issues to get past to allow the project to proceed. Community Development Director Stark stated no developer for a site this large could meet every issue and that's why there are planned unit development and variance options. He explained several options related to the 494 Comprehensive Plan. Community Development Director Stark suggested a conditional use permit with stipulations and conditions of what makes this development different. He added the 494 Comprehensive Plan should be reviewed if the issues related to this project become a recurring theme. Mayor Goettel stated she did not want to tie a developer's hands with the Comprehensive Plan. Council Member Sandahl agreed with the conditional use permit (CUP) process because it provides flexibility. City Planner Poehlman explained the mixed use district allows existing buildings to expand. Mr. Berg explained the timeline with the process being fully approved by the end of 2011. City Attorney Heine reviewed options from the legal perspective. She suggested permitting the expansion as a non-conformity because it benefits the community as a unique site and setting conditions to bring the project closer to the vision but not hold to the restrictions that were in place after the business was already there. This would not be setting a precedent for other developments because no similar situation in the corridor exists. Planning Commission Chair Jabs expressed concern that the side of the building along 77th be secure and pedestrian friendly. City Manager Devich discussed the importance of the look of properties along 77th Street. Planning Commissioner Hall expressed support for the proposal. ADJOURNMENT The meeting was adjourned by unanimous consent at 7:00 p.m. Date Approved: September 27, 2011 Debbie Goettel Mayor Cheryl Krumholz Steven L. Devich Recording Secretary City Manager CITY COUNCIL MEETING MINUTES RICHFIELD Richfield, Minnesota Regular Meeting September 13, 2011 CALL TO ORDER The meeting was called to order by Mayor Goettel at 7:02 p.m. ROLL CALL Members Present: Debbie Goettel, Mayor; Sue Sandahl; Pat Elliott; and Tom Fitzhenry. Members Present: Fred Wroge Staff Present: Steven L. Devich, City Manager; Pam Dmytrenko, Assistant City Manager; Mike Eastling, Public Works Director; John Stark, Community Development Director; Jim Topitzhofer, Recreation Services Director; Chris Regis, Finance Manager; Melissa Poehlman, City Planner; Corrine Heine, City Attorney; and Cheryl Krumholz, Recording Secretary. M/Fitzhenry, S/Sandahl to excuse Council Member Wroge from the September 13, 2011 City Council Worksession and Regular City Council Meeting. Motion carried 4-0. OPEN FORUM None. PRESENTATION OF COLORS AND PLEDGE OF ALLEGIANCE Mayor Goettel led the audience in the Pledge of Allegiance. APPROVAL OF MINUTES Council Meeting Minutes -2- September 13,2011 M/Sandahl, S/Fitzhenry to approve the minutes of(1) Regular City Council Meeting of August 9, 2011 and (2) Special City Council Meeting of August 17, 2011. Motion carried 4-0. Item #1 PRESENTATION OF CERTIFICATE OF RECOGNITION TO RICHFIELD ROADRUNNERS — U17 GIRLS TRAVELING SOCCER TEAM CLASSIC 3 DIVISION STATE CHAMPIONS Mayor Goettel presented a certificate of recognition to Richfield Roadrunners - U17 girls traveling soccer team. Item #2 ANNUAL MEETING WITH ARTS COMMISSION Judy Goebel and Ellen Stinger, Arts Commission Co-Chairs, reported on the 2011 commission accomplishments and goals. Item #3 COUNCIL DISCUSSION • HATS OFF TO HOMETOWN HITS Council Member Fitzhenry announced that on August 23, 2011, Governor Dayton declared Richfield a Yellow Ribbon City. MN National Guard Staff Sergeant Aaron Hoska, Yellow Ribbon Outreach Coordinator, explained the Beyond the Yellow Ribbon Program. Tom Rublein announced the September 17 Cattail Day event, September 18 Penn Fest and that there is no Remodeling Fair in January 2012. Item #4 COUNCIL APPROVAL OF AGENDA M/Sandahl, S/Fitzhenry to approve the agenda. Motion carried 4-0. Item #5 CONSENT CALENDAR A. Consideration of approval of continuing public hearing to September 27, 2011 regarding vacation of easement at 6401 Lyndale Avenue S.R. No. 176 B. Consideration of approval of resolution declaring costs to be assessed and ordering preparation of proposed assessment roll for unpaid false alarm user fees against private property and setting public hearing for October 11, 2011 S.R. No. 177 Council Meeting Minutes -3- September 13,2011 RESOLUTION NO. 10552 RESOLUTION DECLARING COSTS TO BE ASSESSED AND ORDERING PREPARATION OF PROPOSED ASSESSMENT FOR UNPAID FALSE ALARM FEES FROM PROVATE PROPERTY This resolution appears as Resolution No. 10552. C. Consideration of approval of resolution declaring costs to be assessed and ordering preparation of proposed assessment roll for weed elimination from private property and removal or elimination of public health or safety hazards from private property and setting public hearing for October 11, 2011 S.R. No. 178 RESOLUTION NO. 10553 RESOLUTION DECLARING COSTS TO BE ASSESSED AND ORDERING PREPARATION OF PROPOSED ASSESSMENT FOR WEED ELIMINATION FROM PRIVATE PROPERTY AND REMOVAL OR ELIMINATION OF PUBLIC HEALTH OR SAFETY HAZARDS FROM PROVATE PROPERTY This resolution appears as Resolution No. 10553. D. Consideration of approval of first reading of ordinance amending Subsection 537.05, Subdivision 1 of Richfield City Code related to conditional uses in mixed use districts S.R. No. 179 E. Consideration of approval of first reading of ordinance rezoning properties located at 6401 Lyndale Avenue, 515 64th Street West and 521 64th Street West from C-2 (General Commercial) and R (Single-Family Residential) to PMR (Planned Multi-Family Residential) S.R. No. 180 F. Consideration of approval of resolution authorizing City staff to incur cost for reconstruction of 76th Street East (from 12th Avenue to Cedar Avenue) and hiring of Howard R. Green to perform engineering services for 76th Street Reconstruction Project for fee not to exceed $300,000 S.R. No. 181 RESOLUTION NO. 10554 DECLARING THE OFFICIAL INTENT OF THE CITY OF RICHFIELD TO REIMBURSE CERTAIN EXPENDITURES FROM THE PROCEEDS OF BONDS TO BE ISSUED BY THE CITY This resolution appears as Resolution No. 10554. G. Consideration of approval of Richfield Municipal Center change order report for aggregate net effect of$68,100 in items included within project budget S.R. No. 182 H. Consideration of approval of itinerant place of amusement and itinerant food licenses for Richfield Visions, Inc. for Richfield Cattail Days events at Veterans Memorial Park, 6400 Portland Avenue, on September 17, 2011 S.R. No. 183 I. Consideration of approval of temporary on-sale liquor license for Blessed Trinity's Parent Meet and Greet on September 17, 2011 S.R. No. 184 M/Goettel, S/Elliott to approve the Consent Calendar. Motion carried 4-0. Council Meeting Minutes -4- September 13,2011 Item #6 CONSIDERATION OF ITEMS, IF ANY, REMOVED FROM CONSENT CALENDAR None. Item #7 PUBLIC HEARING REGARDING RESOLUTION ADOPTING MODIFICATION TO REDEVELOPMENT PLAN FOR RICHFIELD REDEVELOPMENT PROJECT AREA AND ADOPTING AMENDED AND RESTATED TAX INCREMENT FINANCING PLAN FOR 2010-1 HOUSING TAX INCREMENT DISTRICT; WOODLAKE HOUSING (STAFF REPORT NO. 185) Mayor Goettel presented Staff Report No. 185. M/Sandahl, S/Elliott to close the public hearing. Motion carried 4-0. M/Goettel, S/Sandahl that the following resolution be adopted and that it be made part of these minutes: RESOLUTION NO. 10555 RESOLUTION ADOPTING A MODIFICATION TO THE REDEVELOPMENT PLAN FOR THE RICHFIELD REDEVELOPMENT PROJECT AREA AND ADOPTING AN AMENDED AND RESTATED TAX INCREMENT FINANCING PLAN FOR THE 2010-1 HOUSING TAX INCREMENT FINANCING DISTRICT (WOODLAKE HOUSING) THEREIN AND ADOPTING A TAX INCREMENT FINANCING PLAN THEREFORE Motion carried 4-0. This resolution appears as Resolution No. 10555. Item #8 PUBLIC HEARING REGARDING RESOLUTION AUTHORIZING ISSUANCE, SALE AND DELIVERY OF CITY'S VARIABLE RATE DEMAND MULTIFAMILY HOUSING REVENUE BONDS (WOODLAKE RICHFIELD APARTMENTS PROJECT), SERIES 2011 (STAFF REPORT NO. 186) Council Member Fitzhenry presented Staff Report No. 186. Julie Eddington, Kennedy and Graven, explained there are no financial impacts to the City. M/Sandahl, S/Goettel to close the public hearing. Motion carried 4-0. M/Fitzhenry, S/Goettel that the following resolution be adopted and that it be made part of these minutes: RESOLUTION NO. 10556 Council Meeting Minutes -5- September 13,2011 RESOLUTION AUTHORIZING THE ISSUANCE, SALE, AND DELIVERY OF THE CITY'S VARIABLE RATE DEMAND MULTIFAMILY HOUSING REVENUE BONDS (WOODLAKE RICHFIELD APARTMENTS, LLC PROJECT), SERIES 2011; ADOPTING A HOUSING PROGRAM PURSUANT TO MINNESOTA STATUTES, CHAPTER 462C, AS AMENDED; APPROVING THE FORM OF AND AUTHORIZING THE EXECUTION AND DELIVERY OF THE BONDS AND RELATED DOCUMENTS Motion carried 4-0. This resolution appears as Resolution No. 10556. Item #9 CONSIDERATION OF SECOND READING OF ORDINANCE AMDENDING CITY'S ZONING ORDINANCE INCREASING PERMISSIONS FOR HORTICULTURE/COMMUNITY GARDENS, ANIMAL KENNELS, AND TATTOO SHOPS IN CERTAIN AREAS, REDUCE COMMERCIAL SETBACKS IN CERTAIN AREA AND REMOVE CONTRADICTORY MINIMUM LOT AREA REQUIREMENTS FROM MULTI-FAMILY DISTRICTS AND RESOLUTION AUTHORIZING SUMMARY PUBLICATION OF ORDINANCE (STAFF REPORT NO. 187) Council Member Elliott presented Staff Report No. 187. City Planner Poehlman explained the reduced setback is on commercial properties along arterial streets only. M/Elliott, S/Sandahl that this constitute second reading of Bill No. 2011-19 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 531.07, Subdivision 24 and Subsection 537.05, Subdivision 11 related to horticulture, animal kennels, minimum lot areas, setbacks and tattoo shops and resolution authorizing summary publication of ordinance: RESOLUTION NO. 10557 RESOLUTION APPROVING SUMMARY PUBLICATION 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 Motion carried 4-0. This resolution appears as Resolution No. 10557. Item #10 CONSIDERATION OF PURCHASE AGREEMENT AND SECOND READING OF ORDINANCE PROVIDING FOR SALE OF CERTAIN REAL PROPERTY OF CITY T( WELLINGTON MANAGEMENT INC. (STAFF REPORT NO. 188) Council Member Sandahl presented Staff Report No. 188. Community Development Director Stark suggested the motion to accept the purchase agreement subject to revisions by legal counsel. The revisions are minor with the exception of the Council Meeting Minutes -6- September 13,2011 agreement indicating the sale of Lot 2 (sculpture site) and Lot 3 (land strip site). Legal counsel will discuss with Wellington the procedure of the use of Lot 3 by either sale or easement. City Attorney Heine stated the recommendation for Lot 3 will return to the City Council if there is a request to purchase the land rather than an easement. Council Member Sandahl questioned if application for a building permit met the criteria of the purchase agreement related to the return of funds. City Attorney Heine responded the City may require a certificate of occupancy instead. Council Member Elliott stated a signed plan to build was closer to a building permit rather than a certificate of occupancy. He added that he did not believe a certificate of occupancy w as intended from previous discussions. Council Member Sandahl requested Wellington be made aware the property is included in a special maintenance district. M/Fitzhenry, S/Sandahl to approve the purchase agreement subject to revisions by legal counsel as directed by the City Council and that this constitute second reading of Bill No. 2011-20 providing for sale of certain real property (Lot 2) of the city to Wellington Management Inc. Motion carried 4-0. Item #11 CONSIDERATION OF RESOLUTION GRANTING APPROVAL OF MAJOR SITE PLAN AMENDMENT AT 1600 78TH STREET EAST TO ALLOW 9,600 SQUARE FOOT ADDITION TO EXISTING BUILDING (STAFF REPORT NO. 189) Mayor Goettel presented Staff Report No. 189. M/Goettel, S/Fitzhenry that the following resolution be adopted and that it be made part of these minutes: RESOLUTION NO. 10558 RESOLUTION GRANTING APPROVAL OF A MAJOR SITE PLAN AMENDMENT FOR 1600 78TH STREET EAST Motion carried 4-0. This resolution appears as Resolution No. 10558. Item #12 CONSIDERATION OF 2011 REVISED/2012 PROPOSED BUDGET RESOLUTIONS ADOPTING 2012 PRELIMINARY PROPERTY TAX LEVY, SETTING TRUTH IN TAXATION HEARING DATE, AUTHORIZING BUDGET REVISIONS, AND AUTHORIZING REVISION OF 2011 BUDGET OF VARIOUS DEPARTMENTS (STAFF REPORT NO. 190) Mayor Goettel presented Staff Report No. 190. Mayor Goettel stated the preliminary tax levy is a 3.98% increase and that this was a fair adjustment with the City continuing to get off local government aid from the state. Council Meeting Minutes -7- September 13,2011 City Manager Devich said the 2012 budget reflects a conservative estimate of LGA but if none is received, the City is in a comfortable financial position. M/Goettel, S/Sandahl that the following resolutions be adopted and that it be made part of these minutes: RESOLUTION NO. 10559 RESOLUTION ADOPTING A PROPOSED BUDGET AND TAX LEVY FOR THE YEAR 2012 This resolution appears as Resolution No. 10559. RESOLUTION NO. 10560 RESOLUTION AUTHORIZING BUDGET REVISIONS This resolution appears as Resolution No. 10560. RESOLUTION NO. 10561 RESOLUTION AUTHORIZING REVISION OF 2011 BUDGET OF VARIOUS DEPARTMENTS This resolution appears as Resolution No. 10561. Motion carried 4-0. Item #13 CITY MANAGER'S REPORT • Reschedule November 8, 2011 Regular City Council Meeting The City Council rescheduled the November 8, 2011 Regular City Council meeting to Monday, November 14, 2011. Item #14 CLAIMS AND PAYROLLS M/Sandahl, S/Goettel that the following claims and payrolls be approved: U.S. Bank 8/23/2011 A/P Checks: 209066-206413 $ 1,410,298.80 Payroll: 77519-77887 $ 578,304.19 TOTAL $ 1,988,602.99 U.S. Bank 9/13/2011 A/P Checks: 206414-206870 $ 2,043,344.39 Payroll: 77888-78255 $ 540,805.81 TOTAL $ 2,584,150.20 Motion carried 4-0. Council Meeting Minutes -8- September 13,2011 OPEN FORUM None. ADJOURNMENT The City Council meeting was adjourned by unanimous consent at 8:16 p.m. Date Approved: September 27, 2011 Debbie Goettel Mayor Cheryl Krumholz Steven L. Devich Recording Secretary City Manager AGENDA SECTION: CONSENT AGENDA ITEM# 4A REPORT# 191 STAFF REPORT RICHFIELD CITY COUNCIL MEETING SEPTEMBER 27, 2011 REPORT PREPARED BY: ROBERT HINTGEN, UTILITIES SUPERINTENDENT DEPARTMENT DIRECTOR El REVIEW: ®a _ SICNATU•�, REVIEWED BY CITY / • MANAGER: ), / L/� t • ITEM FOR COUNCIL CONSIDERATION: Consideration of a resolution certifying delinquent water, sanitary sewer and storm water utility accounts to the County Auditor. I. RECOMMENDED ACTION: By Motion: Adopt the resolution certifying unpaid water, sanitary sewer and storm water service charges to the County Auditor to be collected with other taxes on said properties. II. BACKGROUND Chapter VII of the Richfield Ordinance Code provides that unpaid water, sanitary sewer and storm water charges may be certified to the County Auditor to be included in a property owner's annual property tax bill. The Ordinance Code also authorizes a certification fee to be charged against each delinquent account. By certifying the delinquent charges to the property taxes for the delinquent properties, the City is assured of ultimately collecting the delinquent charges. Below is a history of the increased certification since 2009. Certification amounts continue to increase due to the larger number of vacant and foreclosed homes and the poor economy. History of Increased Certification 2009 • Amount of certification Council considered at the Council Meeting on 9/22/09 was $321,634.60 for 959 properties. 092711delinquent • Accounts paid before the 30 day certification deadline totaled $88,930.26. • Actual certification amount totaled $232,704.34 for 565 properties. 2010 • Amount of certification Council considered at the Council Meeting on 9/28/10 was $360,499.52 for 912 properties. • Accounts paid before the 30 day certification deadline totaled $82,412.64. • Actual certification amount totaled $278,086.88 for 582 properties. 2011 • Certification currently under consideration totals $419,860.93 for 981 properties, an average of$427.99 per account. • Staff expects that, as in years past, many of the now delinquent accounts will be paid before certification. III. BASIS OF RECOMMENDATION A. POLICY • State Statute and Chapter VII of the Richfield Ordinance Code provide that unpaid water, sanitary sewer and storm water charges may be certified to the County Auditor to be included in a property owner's annual property tax bill. • A Notice of Certification to Property Taxes (see attached) will be mailed on September 28, 2011 to Richfield property owners owing utility charges. B. CRITICAL TIMING ISSUES • To prepay the special assessment and avoid certification, the entire past due amount must be paid by October 28, 2011 as stated in the attached Notice of Certification to Property Taxes. C. FINANCIAL • Throughout the year, the Division bills and collects charges for water, sanitary sewer and storm water from accounts within the City. • The charges include a 6.5% penalty on unpaid balances. This penalty is paid quarterly against the accrued unpaid balance. • The delinquent accounts must be certified to the County Auditor in order for the City to collect the charges through the property tax process. A $50 certification fee is charged to each account assessed to taxes. • The assessment is spread over a period of one year at the rate of 8% per annum. 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) • Do not approve the resolution. However, the certification process is the only process the City has to collect these delinquent accounts. V. ATTACHMENTS • Resolution authorizing certification of unpaid water, sanitary sewer and storm water service charges to the County Auditor to be collected with other taxes on said properties. • Notice of Certification to Property Taxes VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None RESOLUTION NO. 4A- 1 RESOLUTION AUTHORIZING CERTIFICATION OF UNPAID WATER, SANTITARY SEWER AND STORM WATER SERVICE CHARGES TO THE COUNTY AUDITOR TO BE COLLECTED WITH OTHER TAXES ON SAID PROPERTIES WHEREAS, Ordinance Code 715 establishes rules, rates and charges for water service in the City of Richfield; and WHEREAS, Minnesota Statutes 444.075 provides that all delinquent water service charges not paid may be certified to the County Auditor and shall be collected with other taxes on such property; and WHEREAS, Ordinance Code 705 established rules, rates and charges for sanitary sewer service in the City of Richfield; and WHEREAS, Ordinance Code 705.19 thereof provides that all sanitary sewer services charges not paid within 15 days after the quarterly due date may be certified to the County Auditor with taxes against such property, and shall be collected with other taxes on such property; and WHEREAS, Ordinance Code 720 established rules, rates and charges for storm water service in the City of Richfield; and WHEREAS, Ordinance Code 705.19 thereof provides that all storm water service charges not paid may be certified to the County Auditor with taxes against such properties, and shall be collected with other taxes on such property; and WHEREAS, an assessment roll has been prepared specifying the amount, which shall be certified against each particular property. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield, Minnesota: 1. There is hereby determined to be a total uncollected amount for water, sanitary sewer and storm water service of$419,860.93. 2. That a $50 certification charge shall be levied against each delinquent account, such charges totaling $49,050. 3. That the above-described assessment be spread over a period of one year at the rate of 8% per annum. 4. That such amount be hereby certified to the County Auditor for collection with other taxes on said properties. 5. That a copy of the resolution shall be sent to the Hennepin County Auditor. Adopted by the City Council of the City of Richfield, Minnesota this 27th day of September 2011. Debbie Goettel, Mayor ATTEST: Nancy Gibbs, City Clerk 1 RICHFIELD City of Richfield Public Works Department Utilities Division September 28, 2011 Mailing Address Line 1 Property ID: Tax Roll Numeric Mailing Address Line 2 Account#: Account Number Mailing Address Line 3 Customer#: Customer Number Mailing Address Line 4 Tenant/Owner: Customer Name Mailing Address Line 5 Service Addr: Service Address Mailing Address Line 6 Past Due Amt: Current WO Balance Subject: **FINAL NOTICE OF CERTIFICATION TO 2012 PROPERTY TAXES** Dear Richfield Utility Customer: Pursuant to Minnesota State Statutes, the City of Richfield certifies all delinquent (water, wastewater, storm water) charges to the Hennepin County annual property tax assessment roll. Your unpaid utility balance is scheduled to be certified to the 2012 Hennepin County tax assessment roll. To prepay this special assessment and avoid certification, please pay the entire past-due amount by October 28, 2011. Failure to pay the entire past-due amount will result in an additional 8% interest charge and a $50.00 service fee when assessed to your 2012 property taxes. If you have recently paid your past due amount, thank you, and please disregard this notice. Contact the Utility Billing Division at 612-861-9164 or 612-861-9165 if you have any questions regarding your past-due amount or assessment procedures. lnformacion lmportante: Si usted no entiende el contenido de esta carta, alguien tendra que traducirla para usted. i Gracias! Please return this portion with your payment. Payment must be received by October 28, 2011 to avoid certification to your property taxes. Mail payment to: City of Richfield, Utility Billing, 6700 Portland Ave S, Richfield, MN 55423 Account Number: Account Number Past Due Amount: Current WO Balance Customer Number: Customer Number Tenant/Owner: Customer Number Property ID: Tax Roll Number Service Address: Service Address Property Owner: Property Owner Address Line 1 (if different from above) Property Owner Address Line 2 Property Owner Address Line 3 Property Owner Address Line 4 Date: Amount Paid: AGENDA SECTION: CONSENT AGENDA ITEM# 4B REPORT# 192 =Aga STAFF REPORT RICHFIELD CITY COUNCIL MEETING SEPTEMBER 27, 2011 REPORT PREPARED BY: JAY HENTHORNE,POLICE LIEUTENANT NAME,TITLE DEPARTMENT DIRECTOR / j REVIEW: -/ �ice_`j- a — vAI REVIEWED BY CITY , MANAGER: A/ , _L . I. /may ITEM FOR COUNCIL CONSIDERATION: Consideration of Continuing Agreement for 2012 with Hennepin County and City of Richfield/Public Safety Department/Police for Police Cadet Funds. I. RECOMMENDED ACTION: By Motion: Approve the 2012 Agreement with Hennepin County Human Services and Public Health Department and the City of Richfield Police for continuing funds for a Police Cadet position. The funds available for 2012 will be $20,000. II. BACKGROUND Hennepin County has presented an agreement on behalf of the Hennepin County Human Services and Public Health Department to furnish a Police Cadet position for the City of Richfield and its Police Department. The agreement is a continuation of the 2011 agreement and is for the period commencing January 1, 2012 and ending December 31, 2012. The only change is the cost of the agreement will not exceed $20,000 for 2012. 092611 Police Cadet Agreement with Hennepin County for 2012 III. BASIS OF RECOMMENDATION A. POLICY • As in the past, Richfield Police would be responsible for the recruitment, interviewing, testing and enrollment of a Cadet into its department. • The Cadet will participate in the training and day-to-day activities required by the police department, and the department will coordinate activities of the Cadet in conjunction with the Hennepin County Joint Community Police Partnership (JCPP). • The activities that Hennepin County has laid out to achieve the County's project goal are in agreement with the testing process that the Richfield Police has in place to fill the position of Police Cadet. B. CRITICAL TIMING ISSUES • The agreement should be signed and steps taken to appoint a Police Cadet as soon as possible. C. FINANCIAL • The total cost of this agreement shall not exceed twenty-thousand dollars ($20,000) to be paid by Hennepin County in accordance with the terms of the agreement. D. LEGAL • N/A E. ENVIRONMENTAL CONSIDERATIONS • N/A IV. ALTERNATIVE RECOMMENDATION(S) • The Council could not approve the agreement which would make the agreement null and void with the County and no Cadet could be hired due to department finances. V. ATTACHMENTS • Copy of Agreement with Hennepin County. VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None yg- t Contract No: A111376 PERSONAL/PROFESSIONAL SERVICE AGREEMENT This Agreement is between the COUNTY OF HENNEPIN, STATE OF MINNESOTA, (the "COUNTY") A-2300 Government Center, Minneapolis, Minnesota 55487, on behalf of the Hennepin County Human Services and Public Health Department, A-2300 Government Center, 300 South Sixth Street, Minneapolis, Minnesota 55487, ("DEPARTMENT") and the City of Richfield, on behalf of the Richfield Police Department, 6700 Portland Avenue South, Richfield, Minnesota 55423, ("CONTRACTOR"). The parties agree as follows: 1. TERM AND COST OF THE AGREEMENT CONTRACTOR agrees to furnish services to the COUNTY commencing January 1, 2012 and terminating December 31, 2012, unless terminated earlier in accordance with the Default and Cancellation provisions of this Agreement. The total cost of this Agreement shall not exceed Twenty Thousand Dollars ($20,000.00), as more fully described in Exhibit B, attached hereto and made part of this Agreement. 2. SERVICES TO BE PROVIDED CONTRACTOR will conduct recruitment, interviewing, testing and enrollment of a cadet into its local police department. The cadet will participate in the training and day-to-day activities required by the police department and the department will coordinate activities of the cadet in conjunction with the Hennepin County Joint Community Police Partnership. Eleven basic activities will be conducted to achieve the project goal, including: • Cadet-Trainee position announcement made public. • Applicants shall have been introduced to the department, career and selection process. • Candidates will have completed a written police test and cadet form. • Cadet interview process will be completed. • A police panel interview will be concluded. • Background investigation will have been conducted. • Chief's interview will have taken place. • Medical exam will have been taken and passed. • Psychological exam will have been taken and passed. • Drug test will have been taken and passed. • Cadet contract signed. Li —et These services are more fully described in Exhibit A, attached hereto and made part of this Agreement. 3. PAYMENT FOR SERVICES Payment for services shall be made directly to CONTRACTOR after completion of the services upon the presentation of a claim as provided by law governing the COUNTY's payment of claims and/or invoices. CONTRACTOR shall submit monthly invoices for services rendered on forms which may be furnished by the COUNTY. Payment shall be made within Thirty-Five (35) days from receipt of the invoice. CONTRACTOR shall not provide services under this Agreement without receiving a purchase order or purchase order number supplied by the COUNTY. All invoices shall display the COUNTY purchase order number and be sent to the central invoice receiving address supplied by the COUNTY. 4. PROFESSIONAL CREDENTIALS INTENTIONALLY OMITTED 5. INDEPENDENT CONTRACTOR CONTRACTOR shall select the means, method, and manner of performing the services. Nothing is intended or should be construed as creating or establishing the relationship of a partnership or a joint venture between the parties or as constituting CONTRACTOR as the agent, representative, or employee of the COUNTY for any purpose. CONTRACTOR is and shall remain an independent contractor for all services performed under this Agreement. CONTRACTOR shall secure at its own expense all personnel required in performing services under this Agreement. Any personnel of CONTRACTOR or other persons while engaged in the performance of any work or services required by CONTRACTOR will have no contractual relationship with the COUNTY and will not be considered employees of the COUNTY. The COUNTY shall not be responsible for any claims that arise out of employment or alleged employment under the Minnesota Economic Security Law or the Workers' Compensation Act of the State of Minnesota on behalf of any personnel, including, without limitation, claims of discrimination against CONTRACTOR, its officers, agents, contractors, or employees. CONTRACTOR shall defend, indemnify, and hold harmless the COUNTY, its officials, officers, agents, volunteers, and employees from all such claims irrespective of any determination of any pertinent tribunal, agency, board, commission, or court. Such personnel or other persons shall neither require nor be entitled to any compensation, rights, or benefits of any kind from the COUNTY, including, without limitation, tenure rights, medical and hospital care, sick and vacation leave, Workers' Compensation, Re- employment Compensation, disability, severance pay, and retirement benefits. 2 6. NON-DISCRIMINATION AND AFFIRMATIVE ACTION A. In accordance with the COUNTY's policies against discrimination, CONTRACTOR agrees that it shall not exclude any person from full employment rights nor prohibit participation in or the benefits of, any program, service or activity on the grounds of race, color, creed, religion, age, sex, disability, marital status, sexual orientation, public assistance status, or national origin. No person who is protected by applicable Federal or State laws against discrimination shall be subjected to discrimination. 7. INDEMNIFICATION AND INSURANCE A. Each party shall be liable for its own acts and the results thereof to the extent provided by law, and agrees to defend, indemnify, and hold harmless each other (including their officials, employees, volunteers, and agents), from any liability, claims, causes of action,judgments, damages, losses, costs, or expenses, including reasonable attorney's fees, resulting directly or indirectly from any act or omission of the party, anyone directly or indirectly employed by it, and/or anyone for whose acts and/or omissions it may be liable, in the performance or failure to perform its obligations under this Agreement. Except for State agencies, each party's liability shall be governed by the provisions of Minnesota Statutes, Chapter 466 and other applicable law. The liability of State agencies shall be governed by the provisions of Minnesota Statutes, Section 3.736 and other applicable law. B. Each party warrants that it has a purchased insurance or self-insurance program. C. Duty to Notify. CONTRACTOR shall promptly notify the COUNTY of any claim, action, cause of action or litigation brought against CONTRACTOR, its employees, officers, agents or subcontractors, which arises out of the services contained in this Agreement and shall also notify the COUNTY whenever CONTRACTOR has a reasonable basis for believing that CONTRACTOR and/or its employees, officers, agents or subcontractors, and/or the COUNTY, might become the subject of a claim, action, cause of action or litigation arising out of the services contained in this Agreement. Failure to provide the notices required by this section is a material violation of the terms and conditions of the Agreement. 8. DATA PRACTICES CONTRACTOR, its officers, agents, owners, partners, employees, volunteers and subcontractors shall abide by the provisions of the Minnesota Government Data Practices Act, Minnesota Statutes, Chapter 13 (MGDPA), the Health Insurance Portability and Accountability Act and implementing regulations, if applicable, and all other applicable state and federal laws, rules, regulations and orders relating to data privacy or confidentiality. If CONTRACTOR creates, collects, receives, stores, uses, maintains or disseminates data because it performs functions of the COUNTY pursuant to this 3 L - Agreement, then CONTRACTOR must comply with the requirements of the MGDPA as if it were a government entity, and may be held liable under the MGDPA for noncompliance. CONTRACTOR agrees to defend, indemnify and hold harmless the COUNTY, its officials, officers, agents, employees, and volunteers from any claims resulting from CONTRACTOR's officers', agents', owners', partners', employees', volunteers', assignees' or subcontractors' unlawful disclosure and/or use of such protected data, or other noncompliance with the requirements of this section. CONTRACTOR agrees to promptly notify the COUNTY if it becomes aware of any potential claims, or facts giving rise to such claims, under the MGDPA. The terms of this section shall survive the cancellation or termination of this Agreement. 9. RECORDS—AVAILABILITY/ACCESS Subject to the requirements of Minnesota Statutes Section 16C.05, Subd. 5, CONTRACTOR agrees that the COUNTY, the State Auditor, or any of their authorized representatives, at any time during normal business hours, and as often as they may reasonably deem necessary, shall have access to and the right to examine, audit, excerpt, and transcribe any books, documents, papers, records, etc., which are pertinent to the accounting practices and procedures of CONTRACTOR and involve transactions relating to this Agreement. CONTRACTOR shall maintain these materials and allow access during the period of this Agreement and for six (6) years after its termination or cancellation. 10. SUCCESSORS, SUBCONTRACTING AND ASSIGNMENTS A. CONTRACTOR binds itself, its partners, successors, assigns and legal representatives to the COUNTY for all covenants, agreements and obligations contained in the contract documents. B. CONTRACTOR shall not assign, transfer or pledge this Agreement and/or the services to be performed, whether in whole or in part, nor assign any monies due or to become due to it without the prior written consent of the COUNTY. A consent to assign shall be subject to such conditions and provisions as the COUNTY may deem necessary, accomplished by execution of a form prepared by the COUNTY and signed by CONTRACTOR, the assignee and the COUNTY. Permission to assign, however, shall under no circumstances relieve CONTRACTOR of its liabilities and obligations under the Agreement. C. CONTRACTOR shall not subcontract this Agreement and/or the services to be performed, whether in whole or in part, without the prior written consent of the COUNTY. Permission to subcontract, however, shall under no circumstances relieve CONTRACTOR of its liabilities and obligations under the Agreement. Further, CONTRACTOR shall be fully responsible for the acts, omissions, and failure of its subcontractors in the performance of the specified contractual services, and of person(s) directly or indirectly employed by subcontractors. Contracts between CONTRACTOR and each subcontractor shall require that the 4 u, -5 subcontractor's services be performed in accordance with the terms and conditions specified. CONTRACTOR shall make contracts between CONTRACTOR and subcontractors available upon request. 11. MERGER AND MODIFICATION A. It is understood and agreed that the entire Agreement between the parties is contained herein and that this Agreement supersedes all oral agreements and negotiations between the parties relating to the subject matter. All items that are referenced or that are attached are incorporated and made a part of this Agreement. If there is any conflict between the terms of this Agreement and referenced or attached items, the terms of this Agreement shall prevail. B. Any alterations, variations, modifications, or waivers of provisions of this Agreement shall only be valid when they have been reduced to writing as an amendment to this Agreement signed by the parties. 12. DEFAULT AND CANCELLATION A. If CONTRACTOR fails to perform any of the provisions of this Agreement or so fails to administer the work as to endanger the performance of the Agreement, it shall be in default. Unless CONTRACTOR's default is excused by the COUNTY, the COUNTY may upon written notice immediately cancel this Agreement in its entirety. Additionally, failure to comply with the terms of this Agreement shall be just cause for the COUNTY to delay payment until CONTRACTOR's compliance. In the event of a decision to withhold payment, the COUNTY shall furnish prior written notice to CONTRACTOR. B. Upon cancellation or termination of this Agreement: 1. At the discretion of the COUNTY and as specified in writing by the Contract Administrator, CONTRACTOR shall deliver to the Contract Administrator copies of all writings so specified by the COUNTY and prepared by CONTRACTOR in accordance with this Agreement. The term "writings" is defined as: Handwriting, typewriting, printing, photocopying, photographing, facsimile transmitting, and every other means of recording, including electronic media, any form of communication or representation, including letters, works, pictures, drawings, sounds, or symbols, or combinations thereof. 2. The COUNTY shall have full ownership and control of all such writings. CONTRACTOR shall have the right to retain copies of the writings. However, it is agreed that CONTRACTOR without the prior written consent of the COUNTY shall not use these writings for any purpose or in 5 any manner whatsoever; shall not assign, license, loan, sell, copyright, patent and/or transfer any or all of such writings; and shall not do anything which in the opinion of the COUNTY would affect the COUNTY's ownership and/or control of such writings. C. Notwithstanding any provision of this Agreement to the contrary, CONTRACTOR shall remain liable to the COUNTY for damages sustained by the COUNTY by virtue of any breach of this Agreement by CONTRACTOR. Upon notice to CONTRACTOR of the claimed breach and the amount of the claimed damage, the COUNTY may withhold any payments to CONTRACTOR for the purpose of set-off until such time as the exact amount of damages due the COUNTY from CONTRACTOR is determined. Following notice from the COUNTY of the claimed breach and damage, CONTRACTOR and the COUNTY shall attempt to resolve the dispute in good faith. D. The above remedies shall be in addition to any other right or remedy available to the COUNTY under this Agreement, law, statute, rule, and/or equity. E. The COUNTY's failure to insist upon strict performance of any provision or to exercise any right under this Agreement shall not be deemed a relinquishment or waiver of the same, unless consented to in writing. Such consent shall not constitute a general waiver or relinquishment throughout the entire term of the Agreement. F. This Agreement may be canceled with or without cause by either party upon thirty (30) day written notice. G. Provisions that by their nature are intended to survive the term, cancellation or termination of this Agreement include but are not limited to: SERVICES TO BE PROVIDED (as to ownership of property); INDEPENDENT CONTRACTOR; INDEMNIFICATION AND INSURANCE; DATA PRACTICES; RECORDS- AVAILABILITY/ACCESS; DEFAULT AND CANCELLATION; PROMOTIONAL LITERATURE; and MINNESOTA LAW GOVERNS. 13. CONTRACT ADMINISTRATION In order to coordinate the services of CONTRACTOR with the activities of the DEPARTMENT so as to accomplish the purposes of this Agreement, Vinodh Kutty, or successor (Contract Administrator), shall manage this Agreement on behalf of the COUNTY and serve as liaison between the COUNTY and CONTRACTOR. 14. COMPLIANCE AND NON-DEBARMENT CERTIFICATION A. CONTRACTOR shall comply with all applicable federal, state and local statutes, regulations, rules and ordinances currently in force or later enacted. 6 t' —1 B. If the source or partial source of funds for payment of services under this Agreement is federal, state or other grant monies, CONTRACTOR shall comply with all applicable conditions of the specific referenced or attached grant. C. CONTRACTOR certifies that it is not prohibited from doing business with either the federal government or the State of Minnesota as a result of debarment or suspension proceedings. 15. SUBCONTRACTOR PAYMENT As required by Minnesota Statutes Section 471.425, Subd. 4a, CONTRACTOR shall pay any subcontractor within ten (10) days of CONTRACTOR's receipt of payment from the COUNTY for undisputed services provided by the subcontractor. CONTRACTOR shall pay interest of 1'/2 percent per month or any part of a month to the subcontractor on any undisputed amount not paid on time to the subcontractor. The minimum monthly interest penalty payment for an unpaid balance of$100.00 or more is $10.00. For an unpaid balance of less than $100.00, CONTRACTOR shall pay the actual penalty due to the subcontractor. A subcontractor who prevails in a civil action to collect interest penalties from a prime contractor must be awarded its costs and disbursements, including any attorney's fees, incurred in bringing the action. 16. PAPER RECYCLING The COUNTY encourages CONTRACTOR to develop and implement an office paper and newsprint recycling program. 17. NOTICES Any notice or demand which must be given or made by a party under this Agreement or any statute or ordinance shall be in writing, and shall be sent registered or certified mail. Notices to the COUNTY shall be sent to the County Administrator with a copy to the originating Department at the address given in the opening paragraph of the Agreement. Notice to CONTRACTOR shall be sent to the address stated in the opening paragraph of the Agreement or to the address stated in CONTRACTOR's Form W-9 provided to the COUNTY. 18. CONFLICT OF INTEREST CONTRACTOR affirms that to the best of CONTRACTOR's knowledge, CONTRACTOR's involvement in this Agreement does not result in a conflict of interest with any party or entity which may be affected by the terms of this Agreement. CONTRACTOR agrees that, should any conflict or potential conflict of interest become known to CONTRACTOR, CONTRACTOR will immediately notify the COUNTY of the conflict or potential conflict, specifying the part of this Agreement giving rise to the 7 l}f -s conflict or potential conflict, and will advise the COUNTY whether CONTRACTOR will or will not resign from the other engagement or representation. 19. PROMOTIONAL LITERATURE CONTRACTOR agrees that the terms "Hennepin County" or any derivative shall not be utilized in any promotional literature, advertisements of any type or form or client lists without the express prior written consent of the COUNTY. 20. MINNESOTA LAWS GOVERN The Laws of the State of Minnesota shall govern all questions and interpretations concerning the validity and construction of this Agreement and the legal relations between the parties and their performance. The appropriate venue and jurisdiction for any litigation will be those courts located within the County of Hennepin, State of Minnesota. Litigation, however, in the federal courts involving the parties will be in the appropriate federal court within the State of Minnesota. If any provision of this Agreement is held invalid, illegal or unenforceable, the remaining provisions will not be affected. THIS PORTION OF PAGE INTENTIONALLY LEFT BLANK 8 COUNTY BOARD AUTHORIZATION COUNTY OF HENNEPIN Reviewed by the County STATE OF MINNESOTA Attorney's Office By: Chair of Its County Board Date: ATTEST: Deputy/Clerk of County Board Date: And: Assistant County Administrator, Human Services and Public health Department Date: CITY OF RICHFIELD By: Its: CITY MANAGER And: Its: DIRECTOR OF PUBLIC SAFETY/CHIEF OF POLICE City organized under: Statutory _ Option A Option B_ Charter 9 Lib ►o A111376 II EXHIBIT A CONTRACTED SERVICES PROGRAM SUMMARY PAGE City of Richfield Police Department Joint Community Police Partnership 1. SUMMARY PARAGRAPH: This Agreement provides funding for the identification,selection, and training of a police cadet at the City of Richfield Police Department. Richfield will conduct recruitment, interviewing,testing, and enrollment of a cadet into its local police department. The cadet will participate in the training and day-to-day activities required by the police department, and the department will coordinate activities of the cadet in conjunction with the Joint Community Police Partnership. Funding will accommodate a cadet's salary, fringes,testing, uniforms and equipment, tuition assistance,books and supplies, and application fees. 2. TARGET POPULATION: Eligible cadets 3. SERVICES: Cadet will receive training and educational opportunities in conformance with police department rules and procedures. Police will conduct recruitment, interviewing, supervision,support, and training to selected cadets. Cadets must pass relevant police screening and background checks as necessary. 4. AGENCY STATUS/LICENSURE: The Richfield Police Department is a unit of the City of Richfield and is a local government authorized under the State of Minnesota statutes. 5. STAFF: The cadet will be under the direct authority of the Richfield Police Department and under the supervision of Lieutenant Jay Henthorne, a sworn-licensed police officer. 6. FACILITY: Cadets will be housed at the police headquarters at the Richfield Police Department, 6700 Portland Ave S. Richfield, MN 55423. 7. PLACEMENT: This agreement does not require placement as a police officer but rather focuses on identification,selection, and training activities for a cadet. Cadets who pass the initial recruitment, selection, and testing period are enrolled as cadets into the police training program. Following the enrollment,cadets are given up to two years to achieve the academic skill level required to be able to test for certification as a sworn-license officer in the State of Minnesota. 8. FUNDING SOURCES: Property tax funding. Zf 8- 11 A111376 PERFORMANCE MEASURES Richfield Police Department Joint Community Police Partnership Description of Program: The Joint Community Police Partnership is a joint Hennepin County and Richfield Police Department partnership designed to provide assistance and training for both police and the new,emerging and diverse cultures within their community to alleviate conflict. The selection and training of cadets is on part of the project,along with community engagement,police training, and outreach by community liaisons embedded in the police departments. TARGET POPULATION: Eligible police cadets. OUTCOME 1: A police cadet is hired. Indicator: Selection of police-cadet trainee. Outputs and Activities: Richfield Police will conduct recruitment, interviewing, testing,and selection of cadet-trainee. Upon approval, cadet will be enrolled into trainee program and will undergo academic and skill training regimen. Method of Data Collection: Richfield Police will send written quarterly reports to Hennepin County and will meet twice monthly with representatives of the County. OUTCOME 2: The police cadet completes all academic and skills-based requirements to become a licensed officer. Indicator: Academic and skills training of cadet-trainee. Outputs and Activities: Cadet-trainee will pursue required academic and skills portion of police officer training and maintain satisfactory performance under the direct supervision of police and academic representatives. Supervising police officers will ensure that trainee transcripts, enrollment records,and on-the- job performance are reviewed and reported to Hennepin County staff on a quarterly basis. Trainees will execute up to 20 hours per week as a cadet-trainee and maintain acceptable academic performance as evidenced by trainee transcripts. U g -la/ A111376 EXHIBIT B FINANCIAL Agency: Richfield Police Department Program: Joint Community Police Partnership Funding Period: January 1,2012 through December 31,2012 Budget category I Program budget amount a. Salary: Hourly salary($15.78/hr @ 25 hrs/wk) $20,514.00 PERA Coordinated Retirement @ 6.25% $ 1,282.00 FICA contribution @ 7.65% $ 1,569.00 Medical(Optional: City$314/month) $ 3,768.00 Total Salary Costs $27,133.00 b. Supportive Technology/Equipment/Examinations: Uniforms/Equipment $ 100.00 Medical/Psychological Examinations $ 100.00 Total Supportive Costs $200.00 c. Education/Training: Training $2,667.00 Total Education/Training Costs $2,667.00 d. Subtotal $30,000.00 e. Amount to be contributed by the City of Richfield ($15,000.00) f. Additional Training Dollars $10,000.00 g. Amount to be contributed by the City of Richfield ($ 5,000.00) h. TOTAL $20,000.00 Modifications within each category of the above line item budget of less than 10 percent of any line item are permitted without prior approval by the Program Contract Manager, so long as notification of such modifications is given to the County. AGENDA SECTION: CONSENT AGENDA ITEM# 4C REPORT# 193 STAFF REPORT RICHFIELD CITY COUNCIL MEETING SEPTEMBER 27, 2011 REPORT PREPARED BY: ROBERT HINTGEN, UTILITY SUPERINTENDENT NAME,TITLE DEPARTMENT DIRECTOR REVIEW: /� rti. iprite REVIEWED BY CITY MANAGER: / _ ITEM FOR COUNCIL CONSIDERATION: Consideration of award of contract for the rehabilitation of the Water Plant Clarifiers/Baffles and the Chain Room Piping/Pumps. I. RECOMMENDED ACTION: By Motion: Accept the bid minutes and tabulation and award contract for the rehabilitation of the Water Plant Clarifiers/Baffles and the Chain Room Piping/Pumps to Rice Lake Construction Group in the amount of $745,550. II. BACKGROUND The Water Treatment Plant was built in 1963. In 1994 the treatment plant went through a renovation from a single train to a dual train treatment system. Below are two areas that were included in this renovation and now need to be rehabilitated. Both are vital in the overall functioning of the water treatment plant. Clarifiers/Baffles The clarifiers that were installed in 1994 are showing significant signs of deterioration. The deteriorated sections of the clarifier will be replaced with a corrosion resistant material while other sections will be rehabilitated. The motors and drives that were installed in 1994 have become obsolete and are in need of replacement. 092711 waterplant Chain Room Piping/Pumps The Chain Room Piping and Sludge Pumps that were installed in 1994 have deteriorated and need to be replaced. The lime softening process produces an abrasive high pH liquid by-product. This by-product is transferred from the treat- ment plant to the sludge building for dewatering through these pumps and piping. Protect History • May 10, 2011 Council Meeting: o Approved the first reading of the Transitory Ordinance. o Set the public hearing for June 14, 2011. o Approved proposal from Short Elliot Hendrickson Inc. to provide the engineering and inspection services in an amount not to exceed $151,925. • June 14, 2011 Council Meeting: o Approved second reading of Transitory Ordinance. o Conducted and Closed Public Hearing. o Adopted Transitory Ordinance 18.75 with a publication date of June 23, 2011 and effective date of July 24, 2011. • August 11th & 18th, 2011 - Advertisement for bids published in Sun Current. • September 7, 2011 — Bid Opening. Three contractors submitted bids with Rice Lake Constructions Group being the lowest bidder. Project Cost • The Engineer's estimated cost for the planning design and rehabilitation of this capital improvement project including the engineering services is $1,480,000. • The Engineering and Inspection Services in an amount not to exceed $151,925. • Rice Lake Construction Group submitted a bid of$745,550 for the entire renovation including all alternates. • Total cost $897,475. III. BASIS OF RECOMMENDATION A. POLICY • Pursuant to Section 8.04 of the City Charter, the Council approved Transitory Ordinance 18.75 given the estimated cost exceeded $500,000. • Bids were solicited by advertisement according to City purchasing policies and a bid opening was held on September 7, 2011. B. CRITICAL TIMING ISSUES • If the improvements are not completed, the Water Utility infrastructure could possibly face equipment failures and interruptions in operations. C. FINANCIAL . K • At the April 12, 2011 City Council Meeting, Council approved the sale of $1,490,000 G.O Water Revenue Bond, Series 2011A for the capital improvements at the Water Plant. • Proceeds from the G.O Bonds will fund the replacement of Water Plant Clarifiers/Baffles and the replacement of Chain Room Piping/Pumps. D. LEGAL • All contracts or purchases in excess of$50,000 require Council approval. • All contracts or purchases over$100,000 require sealed bids to be solicited by public notice. E. ENVIRONMENTAL CONSIDERATIONS • Water is an essential resource to the community and needs to be provided in a safe manner. IV. ALTERNATIVE RECOMMENDATION(S) • Council could reject all bids and instruct staff to readvertise. It is, however, the opinion of staff that the bid submitted by the recommended contractor is reasonable and responsible. V. ATTACHMENTS • Bid Tab VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None qc - I a) 0 o c N to CO NI- a) N O O a 6) U as a) o° Oo Oo 0 a) CO- O o o is ' NI- to cc0 C O C Q EA EA C 0 a) � 1� ° c4 o0 00 0 aL 3. m � 0) L 0 Y Q O N Q N v Q _O ch as to O O ti >+ N to co co O �- N "= a o U U 2 Q K} K} EA X) N o Q N O O O N N U) a) N a) O O 0) co +' tB T=7) Q H} 6F} EA a) 0 Q co iN -C _0 O > N- O O to (O C5 o 2 (6 y--� O O M -O >, W +`, (n t6 O O O O U Z (A E (Y) ti O L C stp O N a) M Cr) d' N (o Z cO C p < .}>—, to- to t{} Z Q a 2 �'N aS� 'E"'Caa c p 'E h: E Q > C i 0 J a) ci a) a) as a E �_ O O O W O-aO NN- N ? m CO c° COO "C co LL m Q) N O C N 0- t!} 69 a) ✓ c (n o a) o_ .r CL a) -- CO O E 0 .O co co tri O Q >, >, 9 ca a C) .— E (o U :.= :-' O a) a co to ao 0 W o 0 -t L tf m ti 5 (n (TS F- 0 o 9- a) O p C o_ (n Zoc Qca 2 ;a W - a E - 0 o v . Lc CO C x X X N w+ Q U O o co Y = L C 1 O N QO Ta' a) 2 t6 co C L O N N N V C O � -_ � U � i a) -O V- V- r c +' w 2 Q O CO E N N c a) c U > N • � � N 0 C C t6 C C O co ) cx 0 O Y a) a" C a. .0 O U Z ++ U E co i = U CO C �. aas . o 0 0 a) C'? Z � v }->' i. 9 y--, t -, O C � C C C Z U ~ o � >' > 0 0° a) -- 730 � U >,2_ C Ca 7 4- Y s.. C a) O a) L C as j 711 O ) t J 2 C L m a. c.7) I— a) C co O) C 1 3 a) E < (2 O a) ca Ott O • a) t0O2 0 CI) UU) H AGENDA SECTION: CONSENT AGENDA ITEM# 4D REPORT# 194 riga STAFF REPORT RICHFIELD CITY COUNCIL MEETING SEPTEMBER 27, 2011 REPORT PREPARED BY: BETSY OSBORN, SUPPORT SERVICES DIVISION MANAGER NAME,TITLE DEPARTMENT DIRECTOR REVIEW: .411P / REVIEWED BY CITY AteP, Ovjg MANAGER: . .1i� ITEM FOR COUNCIL CONSIDERATION: Consideration of the request for a temporary wine license and a temporary on-sale, 3.2 percent malt liquor license for the Church of St. Richard for their November Fest to be held November 12 and 13, 2011. I. RECOMMENDED ACTION: By Motion: Approve a temporary wine license and a temporary on- sale, 3.2 percent malt liquor license for the Church of St. Richard for their annual November Fest to be held November 12 and 13, 2011. II. BACKGROUND On August 23, 2011, the Church of St. Richard submitted a request for temporary licenses to serve wine and 3.2 percent malt liquor at their annual Fun Festival to be held November 12 and 13, 2011. The required licensing fees have been received. They will be serving such food items as sandwiches, spaghetti, pancakes, tacos, garlic bread, and sausage. The Church of St. Richard has contact food sanitarians from the City of Bloomington to ensure that proper food handling practices are followed. They will work with 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. 092711 St. Richard's November Fest The City has previously issued similar licenses to the Church of St. Richard. III. BASIS OF RECOMMENDATION A. POLICY • The applicant has complied with the City codes pertaining to these licenses. B. CRITICAL TIMING ISSUES • Necessary fees have been paid and insurance coverage has been provided. C. FINANCIAL • N/A 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. Richard. V. ATTACHMENTS • N/A VI. PRINCIPAL PARTIES EXPECTED AT MEETING • Church of St. Richard's staff/representative. AGENDA SECTION: CONSENT AGENDA ITEM# 4E REPORT# 195 =MAI STAFF REPORT RICHFIELD CITY COUNCIL MEETING SEPTEMBER 27, 2011 REPORT PREPARED BY: BETSY OSBORN, SUPPORT SERVICES DIVISION MANAGER NAME,TITLE DEPARTMENT DIRECTOR .4# REVIEW: REVIEWED BY CITY 1, �A� MANAGER: iitandA111 11/ Al 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 Renaissance in Richfield event to be held October 14 through 16, 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 Renaissance in Richfield event to be held October 14 through 16, 2011. II. BACKGROUND On August 24, 2011, the Church of St. Peter submitted a request for a temporary food license and a temporary on-sale liquor license for their Renaissance in Richfield event to be held October 14 through 16, 2011. The required licensing fees have been received. The event will take place on Friday, October 14, 2011 from 6 p.m. to 9 p.m.; Saturday, October 15, 2011, from 5 p.m. to 7:30 p.m.; and Sunday, October 16, 2011 from 10 a.m. to 12:30 p.m. The Church of St. Peter will handle the preparation and service of food for this event. They will be providing such items as salad, stuffing, turkey, potatoes, vegetables, rolls, egg bake, sausage, fruit, muffins, cheesecake, juice and coffee. All food will be prepared each day of the event and will be prepared in the church's 092711 Church of St. Peter's Renaissance in Richfield Event kitchen. The Church of St. Peter has contacted food sanitarians from the City of Bloomington to ensure that proper food handling practices are followed and have agreed to work with 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 TIMING 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 RECOMMENDATIONS) • 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: PUBLIC HEARINGS AGENDA ITEM# 6 REPORT# 196 imMAIIII STAFF REPORT RICHFIELD CITY COUNCIL MEETING SEPTEMBER 27, 2011 REPORT PREPARED BY: MELISSA POEHLMAN, CITY PLANNER E�,TITLE ACTING DEPARTMENT DIRECTOR REVIEW: ge4i4dllliVA,, J' iJi SIGNACITY MANAR: ITEM FOR COUNCIL CONSIDERATION: Consider the vacation of utility easements at 6401 Lyndale Avenue. I. RECOMMENDED ACTION: Conduct and close a public hearing and by motion: Approve a resolution vacating a utility easement at 6401 Lyndale Avenue. II. BACKGROUND As part of the proposed redevelopment of 6401 Lyndale Avenue, Michael Development is requesting that the City vacate a utility easement in a previously vacated alley. Michael Development has come to an agreement with each of the utility providers that maintain service within the vacation area (Comcast, CenturyLink, Xcel Energy). Michael Development will pay for the relocation of all services and a new utility easement has been included in the proposed plat. III. BASIS OF RECOMMENDATION A. POLICY • The owner of the property has submitted a petition for the vacation of a utility easement at 6401 Lyndale Avenue. • The Council may vacate an easement by resolution when it appears in the interest of the public to do so. 092711 -6401 Lyndale easement vacation (cont.) • All existing utility services shall be moved to a new location. A utility easement over this area has been dedicated in the proposed plat. • City staff sees no reason to maintain the existing easement. 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 • N/A IV. ALTERNATIVE RECOMMENDATION(S) • None V. ATTACHMENTS • Resolution • Easement exhibit • Proposed plat VI. PRINCIPAL PARTIES EXPECTED AT MEETING • Michael Development Representative(s) RESOLUTION NO. RESOLUTION AUTHORIZING THE VACATION OF A PUBLIC EASEMENT AT 6401 LYNDALE AVENUE WHEREAS, the following described lands are subject to utility easements in favor of the City of Richfield: That part of vacated alley accruing to Lots 10, 11, 12, 13, 14, 15, 16, 17 and the Northwesterly 25 feet of Lot 18, Block 6, Lyndale Oaks, according to the recorded plat thereof WHEREAS, the property is subject to an easement for utility purposes, as described in Document No. 5015916, files of the Hennepin County Recorder; and WHEREAS, there are existing utility lines within the easement area. However, the Property is part of a proposed plat, and all necessary easements for utility lines will be dedicated in the plat. There is no need to reserve utility easements as part of this proceeding. WHEREAS, the City Council finds that the easement created by Document No. 5015916 will no longer be needed, upon the recording of the plat of THE PLAZA ON LYNDALE; NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Richfield, Minnesota, as follows: 1. The easement for utility purposes, which was reserved over the above- described property in Document No. 5015916, is vacated, effective upon the recording of the plat of THE PLAZA ON LYNDALE. If said plat is not recorded within one year of the date of this resolution, this resolution shall be null and of no effect. 2. This resolution does not affect the utility easement reserved in Document No. 5015916 as to lands other than the property described above. 3. The City Clerk is directed to prepare a certificate of completion of vacation proceedings and to record the vacation in the office of the Hennepin County Recorder. Adopted by the City Council of the City of Richfield, Minnesota this 27th day of September, 2011. 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'NV B34.73 \ \ \ , ".-\ '' • , ., , AVENUE \ . \ \ \ ' 0 •i. ,,,./,..;,4, -°" ....... . .-7,•-=L..‘""-...B. --,-,..---liii.,Amaii/ \ \ . ‘i Y . // 410° I \ \ \ "\ s." ..„ \ N-IP N • .,./ \s,..,..,i ; ,,Sk 4..,.., INV 830.91 , c„ (PER PLAN) ‘'N -%-tit, :•'4', .r." ,-A FRIA 839.17 E I \ \ \ 't.,410.4•+*... pt /' e ,/,„CD •--- ... -,..„,, ,;.,,ti, . .,.._ li. 6:9,<` , - ..-• , \ \vs, ',...--- ei....e•-c' 41 /„, ,f4 / 4..1'; 3'4%.• Nfi ''•-.• ,. 4 g,, 4i.,i,;16. ••„.`*., A rikA -- \ \ ' •7:;•• 1? 01., a. 4:r ,- \ sN,..*•.&, ..-.7 '-- / • \ ..'....:'..a (1) '' :'• \. \ \ •.,.,`',0..,„ KEY ALAN I \ \ N"1.---•;."4i BATE BEANIE \ \ 41 \ X,I's'.01.'.• Al 1 • I \ \ \ '. .•:••• \ \,-(:;.ft ...,, --- NOT FOR CONSTRUCTION , \ \ N . ; ,-4Ainimik \ \,.... \ \'.4<•• \ • \ I \`., \-.; \, R,„..°5 \ 2 RIM 838.48 _ ar PLAN) .. \(PER PLAN) I \ \ M \ \ ;NY I A \ \ mm...EJ \ \ /14 INV 831.18 A i-...,., Rh I INV 1.7 \ (PER KV) 7\ \\me PUN) ".•,,,..:', \ \ I \ \ • \ \ SITE SURVEY I \ ® SITE SURVEY ISole tal . I . .• / . 7. L, - . 4 . 5 1-•-• SS _ . 6 -3 C.R. DOC. NO. ,l' 0 0 7 I.CM,)1 IN 7/ /-1\ :\\\], ,r YHN'n /\,'1 E .'i Id ii! IL__ ' ‘\,„ /[\ (j!..` ' 1 `,Li I- , ,.___) /6 - KNOW ALL MEN BY THESE PRESENTS: That Woadlake Richfield Apartments,LLC,a Minnesota limited liability company,fee owner of the following described property situated In the City of Richfield,County of Hennepin,State of Minnesota,to wit: Lots 10, II,12,13,14, 15,16,17 and the northwesterly 25 feet of Lot 18,Block 6,"LYNDALE OAKS",together with that port of the plotted alley on Block 6,"LYNDALE OAKS",mare particularly that part of the southwesterly and westerly half of said platted alley lying northwesterly of the southeasterly line of the northwesterly 25 feet of Lot 18 and Its easterly extension and that part of the northeasterly and easterly half of said plotted alley lying northwesterly of a line drawn from the most southerly corner of said Lot 10 perpendicular to the centerline of said plotted alley,that accrued to said Lots by reason of the vacation thereof. — Has caused the same to be surveyed and platted os THE PLAZA ON LYNDALE and does hereby dedicate and donate to the public for PI public use forever the public way and utility easement as shown on this plat. In witness whereof said Woodleke Richfield Apartments,LLC,has caused these presents to be signed its proper officer this__doy of ,201_. — \ \— — `A „ • i;i "-;;;L-`--1 Woadlake Richfield Apartments,LLC• -h b •o Myichael J.Swenson,Chief Manager ",—FOUND IRON PIPE / LIC.N0.9053 (—NORTH LINE OF BLOCK 6, o - STATE OF MINNESOTA \ R=11.56 -N1/1.5753 "LYNDALE OAKS" 385.06 2313"E 400.59 COUNTY OF HENNEPIN 385.06 I L=24.38 • 5 The foregoing instrument was acknowledged before me on this_day of 201_by Michael J.Swenson,the Chief \' i I Manager of Woadlake Richfield Apartments,LLC,a Minnesota limited liability company,on behalf of the company. A=120°50'11" � \ FOUND IRON PIPE-/' a I 1•`- Signature Printed Name \ LIC.Na 9053 o e MytCy Pnursis n Expires: County,_ .Minnesota ''V R=355.76 I J O / • _ L=36.58 p �e 6\ -- 3-a5•S3'30" V I Dennis B.Olmstead do hereby certify that this plat was prepared by me or under my direct supervision: that I am a duly Licensed Land \ y,! 1s- 5 i C.Brg=540"32'08"E I I(,) — Surveyor in the State of Minnesota; that this plat is a correct representation of the boundary survey, that all mathematical dote and C.=36.57 labels ore correctly designated on this plat; that oll monuments depicted on this plot hove been,or will be correctly set within one yeor; �CPy�iS` i w W that all woter boundaries and wet lands,as defined in Minnesota Statutes,Section 505.01. Subd.3,as of the date of this certificate ore *Vs J ��lj� W shown and labeled on this plat;and all public ways and utility easements are shown and labeled on this plot. / il W d \ Gated this___day of 201_. r M / I- O / I l i n I r - to ff Dennis B.Olmstead,Licensed Land Surveyor / I Y I\l I I /^1 / I-- �f Minnesota License No.18425 L_ I / V L/ / i L_ L_ l'Y \ STATE OF MINNESOTA / L. I COUNTY OF HENNEPIN J\ \ x - / This instrument was acknowledged before me this_day of ,201—,by Dennis B,Olmstead. / LOT 9 �' \ Ol / /\ \ r, , / , /..1 J • — — — — Signature Printed Name 'yr / /'� ' Notary Public, County, Minnesota �cP / - I LcFry • l 'I l' I, / v' My Commission Expires: ,vl, •:P,r `j� / \\�(\L ��„2/N /iv RICHFIELD.MINNESOTA \ •x !; �� / `'/�/ The tat of THE PLAZA ON LYNDALE was approved and accepted by the City Council of Richfield,Minnesota,at a regular meeting thereof �/ `•% . f 4,./ Q- held this day of _,201 If applicable,the written comments and recommendations of the Commissioner of \ ,'i�,�`\ 45% / \' 7 `''/ 44 8. 2'a Transportation and the County Highway Engineer hove been received by the City or the 30 doy period has elapsed without receipt of such pct / /� \ ,,,,/ p� comments and recommendations,as provided by Minnesota Statutes Section 505.03,Subd.2. J �� c, / / / �Q CITY COUNCIL OF RICHFIELD,MINNESOTA ti w/ ,.. / \ \ ``q'" 6,p� By Mayor By__ Manager ' ‘4,.. is I / O1�X::\ s `` / TAXPAYER SERVICES DEPARTMENT,Hennepin County,Minnesota \ / \ .^� �� ``� / ...* \X '>8 I hereby certify that taxes payable in 201_and prior years have been paid for land described on this plat. Dated this___ \ ,_<�`` 45, ° ` `\i 0� L „p9\ " S\ / day of 201 4s8 r / \9- �9JC�T}, /T\" �,� ,-FOUND IRON PIPE JAI L.Alverson,Hennepin County Auditor by Deputy \ ` // ��^ /ryl ^' \IC.N0. 19839 �. Jr, / / \ SURVEY DIVISION,Hennepin County,Minnesota \ \'\ ', \/ \ \ Pursuant to MN.STAT.Sec.3830.565(1969),this plat has been approved this—day of 201_ 4 Sa \ ap, / \ \ William P.Brown,Hennepin County Surveyor by \ r� / OO L �" Fsoy / - ,'' <l \� -L / \ +Sg. / / COUNTY RECORDER,Hennepin County,Minnesota /�`�s, \Q^04y0,' / I hereby certify that the within plat of THE PLAZA ON LYNDALE was recorded In this office this_day of / 201—el_o'clock.M. \ \ �Ot6�`%op / / Michael H.Cunnlff,County Recorder by_ Deputy \ \ , �� / / N / / / \ \ h° / THE NORTH LINE OF BLOCK 6, "LYNDALE OAKS" IS \ / / ASSUMED TO HAVE A BEARING OF N89°23'13"E \ / • Denotes monument found 1/2 inch iron pipe ,Sg 0 Denotes 1/2 inch x 18 inch iron monument set marked by license no. 18425 unless otherwise shown \ e Denotes Meg Nail Set 0 15 30 60 \ \ SCALE IN FEET 2 ALLIANT ENGINEERING,INC. AGENDA SECTION: PUBLIC HEARINGS AGENDA ITEM# 7 REPORT# 197 STAFF REPORT RICHFIELD CITY COUNCIL MEETING SEPTEMBER 27, 2011 REPORT PREPARED BY: MELISSA POEHLMAN, CITY PLANNER NTLE -) ACTING DEPARTMENT .� ego � f DIRECTOR REVIEW: �'��. REVIEWED BY CITY • , � MANAGER: r� ITEM FOR COUNCIL CONSIDERATION: Public hearing to consider approval of a preliminary and final plat for properties located at the corner of 64th Street West and Lyndale Avenue. I. RECOMMENDED ACTION: Conduct and close a public hearing and by motion: Approve a resolution granting final approval of a plat for 6401 Lyndale Avenue, 515 64th Street West and 521 64th Street West. IL BACKGROUND One of the conditions of the approval of a Planned Unit Development allowing construction of a 94-unit apartment building at the corner of 64th Street West and Lyndale Avenue, approved July 12, 2011, was that the property be platted. The attached plat combines the three lots that will comprise the project area and includes an easement for utilities. III. BASIS OF RECOMMENDATION A. POLICY • All plats of land must be approved by the City Council. • Preliminary and final plats are typically processed and acted upon by the Council simultaneously. 092711 —The Plaza on Lyndale Plat • The applicant must submit two sets of mylar versions of the plat to the City for signature by the Mayor and City Manager. • Plats must be recorded within 30 days of Council approval. B. CRITICAL TIMING ISSUES • Approval of the plat is necessary for the project to move forward. C. FINANCIAL • The required application fee has been paid. D. LEGAL • Notice of this public hearing has been published in the Sun Current Newspaper in accordance with notification requirements. E. ENVIRONMENTAL CONSIDERATIONS • N/A IV. ALTERNATIVE RECOMMENDATION(S) • N/A V. ATTACHMENTS • Resolution • Plat VI. PRINCIPAL PARTIES EXPECTED AT MEETING • Michael Development Representative(s) • 7 — t RESOLUTION NO. RESOLUTION GRANTING FINAL APPROVAL OF A PLAT FOR 6401 LYNDALE AVENUE, 515 64TH STREET WEST AND 521 64TH STREET WEST WHEREAS, Michael Development ("Applicant"), has requested final approval to combine the property at 6401 Lyndale Avenue, 515 64th Street West and 521 64th Street West in the City of Richfield; and WHEREAS, the proposed subdivision is to be known as THE PLAZA ON LYNDALE; and WHEREAS, a public hearing was held on the proposed final plat of THE PLAZA ON LYNDALE on Tuesday, September 27, 2011 at which all interested persons were given the opportunity to be heard; and WHEREAS, the preliminary plat for THE PLAZA ON LYNDALE was approved by the City Council after a public hearing was held on September 27, 2011. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield, as follows: 1. The proposed plat of THE PLAZA ON LYNDALE satisfies the requirements of the City's subdivision ordinances. 2. Final approval is granted to the Applicant for the plat THE PLAZA ON LYNDALE. 3. The Applicant must file the final plat with the Hennepin County Recorder or Registrar of Titles, within 30 days of the approval of this resolution. 4. Staff is authorized to make changes as required by the Hennepin County Surveyor's Office. Adopted by the City Council of the City of Richfield, Minnesota this 27th day of September, 2011. Debbie Goettel, Mayor ATTEST: Nancy Gibbs, City Clerk 1—a C.R. DOC. NO. THE PLAZA ON LYNDALE - KNOW ALL MEN BY THESE PRESENTS: That Woodlake Richfield Apartments,LLC,a Minnesota limited liability company,fee owner of the following described property situated in the City of Richfield,County of Hennepin,State of Minnesota,to wit: Lots I0,IL 12,13,14, 15,16,17 and the northwesterly 25 feet of Lot 18,Block 6,"LYNDALE OAKS",together with that part of the platted alley on Block 6,"LYNDALE OAKS more particularly that part of the southwesterly and westerly half of said platted alley lying northwesterly of the southeasterly line of the northwesterly 25 feet of Lot 18 and its easterly extension and that part of the northeasterly and easterly half of said platted alley lying northwesterly of a line drawn from the moat southerly corner of said Lot 10 perpendicular to the centerline of said platted alley,that accrued to said Lats by reason of the vacation thereof. \ — Has caused the name to be surveyed and platted as THE PLAZA ON LYNDALE and does hereby dedicate and donate to the public for public use forever the public way and utility easement as shown on this plat. 0 °n n In witness whereof said Woadlake Richfield Apartments,LLC,has caused these presents to be signed its proper officer this day of 201_ — — — \ \ .�`. ;;_*;F; "T;,`=L�T Woodlake Richfield Apartments,LLC• Boa b ^--FOUND IRON PIPE Michael J.Swenson,Chief Manager �' LIC.NO.9053 ---NORTH LINE OF BLOCK 6, ° _ STATE OF MINNESOTA \ R=11.56 _ ,\ "LYNDALE OAKS" N89 23rI3"E 400.59 I ,13p -- COUNTY OF HENNEPIN L=24.38 `�I o`- I I 385.06 1 5 --sy 1 15.53 The foregoing instrument was acknowledged before are on this day of 201_by Michael.1.Swanson,the Chief I" 1 i I Manager of Woodlake Richfield Apartments,LLC,a Minnesota limited liability company,on behalf of the company. A=120°50'11 1 3 `__ i ,n I I;._ Signature Printed Name FOUND IRON PIPE-' °o w \ LIC.N0.9053 o Notary Public, County, ,Minnesota '13 t .,;/. I My Commission Expires:■ "0 Rm35576 ,., ,., p \ c _ L=38.58\ 4., �� °� -'- 6=5'53'30" ,_, dam' I Dennis 8.Olmstead do hereby certify that this plat was y y p prepared by mew under my direct supervision: that I am a duly Licensed Land \ 3.b 01 ue,'4 ' C.Brg=540°32'08"E I I,;; _ Surveyor in the State of Minnesota; that this plat to a correct representation of the boundary survey, that all mathematical data and - r C.=36.57 w labels are correctly designated on this plat; that all monuments depicted on this plat have been,or will be correctly net within one year; tea•S ( J/ W that all water boundaries and wet lands,as defined in Minnesota Statutes,Section 505.01, Subd.3,as of the data of this certificate ore �� BLOCK w shown and labeled on this plat:and all public ways and utility easements are shown and labeled on this plat \ .z,: } M Dated this_day of 201- \ / >> r i n r r♦ n r r-- I' \ / ! Y /\! I I 1 F- ?�yf N Dennis B.Olmstead,Licensed Land Surveyor _ e r i� ,/...I, — _ t Minnesota License No.18425 \ (� // , 'I COUNT OF MINNESOTA L. I STATE OF HENNEPIN L \\ !�! /^I I ' ' -, v This I nstrument was acknowledged before me this_day of 201_,by Dennis B,Winstead. \ LOT 1 \ \ \ I5 , — — 4k91 / ° Signature Printed Name ,?° `/pw- \':%:,, `, r / Notary Public, County, Minnesota ''''''''‘IN.`"/ / \I L0r' •,.< r • •• / v s My Commission Expires: \ R ,., \c: .\cg1)FP! �,�_ .. .. us / k.03 `'i .4 \• <<t. $'/ �o RICHFIELD,MINNESOTA \ e• /�. / \;', \ �P/ ` os The plat of THE PLAZA ON LYNDALE was approved and accepted by the City Council of Richfield,Minnesota,e a regular meeting thereof ��/�I I / rV IQ. held this_day of ,201—If applicable,the written comments and recommendations of the Commissioner of \ °,4S;,..\ V� �;•;, y :/ \ o , Transportation and the County Highway Engineer have been received by the City or the 30 day period has elapsed without receipt of such e \ S`/ vr„ 4p comments and recommendations,as provided by Minnesota Statutes Section 505.03,Subd.2. \ \ / c t ''o CITY COUNCIL OF RICHFIELD,MINNESOTA• \ S y \ y .,y,; ` / \ - 619 q'`o By Mayor By— Manager /'s. �8 G / " ' . -�9sa_ ; /- - - - - \ , e:/�1/• si•,>T� �'\` / v/k\. s e\ / TAXPAYER SERVICES DEPARTMENT,Hennepin County,Minnesota \ .;•.\ ``• ` / J� \ R: , I hereby certify that taxes payable in 201_and prior years hove been paid for land described on this plat. Dated this 1,..., _1 . ; 1 `rir\ s\ / day of 201_. ��e / 4\0� V.>,/9T\� �(n ,-FOUND IRON PIPE Jill L.Aunrnon,Hennepin County Auditor by ,Deputy \ / •• • 1• / ``, , LIC.NO. 19839 1f'_ p\ \ 1 / / SURVEY DIVISION,Hennepin County,Minnesota \ ' ',\ - Srs° / \\ \ Pursuont to MN.STAT.Sec.3839.565(1969),this plat has been approved this_day of 201—. ,'°x' %0. / \ William P.Brown,Hennepin County Surveyor by \ Tc, �O N F1Og ,.: �'1h9 �� \ ,.-,6't9''t / j COUNTY RECORDER,Hennepin County,Minnesota)/ k ;... k o`� / I hereby certify that the within plat of THE PLAZA ON LYNDALE was recorded In this office this_day of / 201_at—o'clock—M. \ \ o)'y E,. / / Michael H.Cunniff,County Recorder by_— Deputy v Q4 / / \ \ . ,„d'`° / / / / / \ / / \ 4: / THE NORTH LINE OF BLOCK 6, "LYNDALE OAKS" IS \ / // ASSUMED TO HAVE A BEARING OF N89°23'13"E \ / • Denotes monument found 1/2 inch iron pipe y5 / 0 Denotes 1/2 inch x 18 inch iron monument set marked by license no. 18425 unless otherwise shown \ \ A Denotes Meg Nail Set 0 15 30 60 MINIM\ SCALE IN FEET . ,mALLIANT ENGINEERING,INC. AGENDA SECTION: PROPOSED ORDINANCE AGENDA ITEM# 8 REPORT# 198 STAFF REPORT RICHFIELD CITY COUNCIL MEETING SEPTEMBER 27, 2011 REPORT PREPARED BY: MELISSA POEHLMAN, CITY PLANNER E,TITLE ACTING DEPARTMENT ` g I y DIRECTOR REVIEW: !y '∎ 41 REVIEWED BY CITY A. MANAGER r `. c • 0 ITEM FOR COUNCIL CONSIDERATION: Consider approval of an ordinance amending language in order to clarify "conditional uses" in the mixed use districts. This change is a clarification as opposed to a policy change. I. RECOMMENDED ACTION: By Motion: Approve an ordinance amending Subsection 537.05, Subdivision 1 of the Richfield City Code related to conditional uses in the mixed use districts. II. BACKGROUND The section of the Zoning Code related to the mixed use districts includes a table detailing whether particular uses are considered permitted, conditionally permitted, permitted as an accessory use, or prohibited. Stipulations related to the conditionally permitted uses are listed n the subsection following this table (537.05); however, the introductory sentence to the subsection causes confusion and has led residents/property owners to believe that the uses listed are conditionally permitted in all of the mixed use districts, as opposed to those listed in the preceding table. It seems that the word "or" is in fact being read as "and" in the following statement: "The uses listed in this subsection are conditional uses in the MU-R, MU-C or MU-N Districts and..." The proposed change removes this language in favor of more standard ordinance text. No changes to use permissions are proposed. 092711 —2nd Reading Ord Amend: MU conditional uses III. BASIS OF RECOMMENDATION A. POLICY • Clear and concise ordinance that describe the process for land use approvals are essential to good customer service and consistent application of the zoning ordinance. B. CRITICAL TIMING ISSUES • None C. FINANCIAL • None D. LEGAL • Notice of a public hearing was published in the Sun Current in accordance with State and Local requirements. • A public hearing was held before the Planning Commission on August 22, 2011. No members of the public spoke. • The Planning Commission recommended approval of the attached ordinance (5-0). • A first reading was approved by the Council on September 13, 2011. • If approved, the proposed ordinance will become effective 30 days following publication in the Sun Current Newspaper. E. ENVIRONMENTAL CONSIDERATIONS • None IV. ALTERNATIVE RECOMMENDATION(S) • Do not approve the attached ordinance. V. ATTACHMENTS • Ordinance • Current Code Subsections 537.03 and 537.05 (partial) for context VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None g - BILL NO. AMENDMENT TO RICHFIELD CITY CODE RELATED TO ZONING AMENDING SUBSECTION 537.05, SUBDIVISION 1 RELATED TO CONDITIONAL USES IN THE MIXED USE DISTRICTS THE CITY OF RICHFIELD DOES ORDAIN: Section 1 Subsection 537.05, Subdivision 1 of the Richfield City Code is amended to read as follows: 537.05. Conditional Uses. Subdivision 1. The uses listed in this•- - - . •- ' 1 - 1 1 1•/ . •• • - Conditional uses listed in Table 1 are subject to the conditional use permit provisions outlined in Subsection 547.09 of this code and the following conditions. 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 27th day of September, 2011. Debbie Goettel, Mayor ATTEST: Nancy Gibbs, City Clerk g Richfield City Code(Zoning) 537.03 MU District 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 _ 1 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 food/convenience) _ C C N _ 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 and A A N subordinate to a retail use Drive-up window or teller service C C N Adult business establishments as defined and P P N regulated under Subsection 1 196 of the City Code _ Firearms related uses C N N Licensed day care facilities P P P 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 homes N P P Richfield City Code - 537-3 5 -3 Richfield City Code(Zoning) 537.03, Subd. 1 (cont.) MU District Use - MU-R MU-C MU-N 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 Transit facilities A A A Public utility A A A (Amended, Bill No. 2011-13) Subd. 2. Any land use not listed as Permitted, Accessory or Conditional in this section or Subsection 512.09 is prohibited in the Mixed-Use Districts unless the use is found to be substantially similar to a use listed,as determined by the City in accordance with Subsection 509.23 of this Code. 537.05. Conditional Uses. Subdivision 1. The uses listed in this subsection are conditional uses in the MU-R, MU-C or MU-N Districts and are subject to the conditional use permit provisions outlined in Subsection 547.09 of this code and the following conditions. Subd. 2. Regional retail services in MU-C. Regional retail services in the MU-C district provided that retail uses with over 50.000 square feet of gross floor area.are located within a multi-tenant or multi-use shopping area or other multi-tenant development and meet the mixed use requirements of Subsection 537.07, Subd. 2. Subd.3. General retail services in MU-N. General retail services in the MU-N district provided the following conditions are met: The retail uses front on an arterial street and meet the area requirements of Subsection 537.07, Subd. 2. Subd.4. Restaurant Class I in MU-C. Class 1 restaurants in the MU-C district provided that alcoholic beverages shall not be served unless the lot abuts an arterial or collector street. Subd. 5. Restaurant Class III or Drive-Up Window or Teller Service. Uses with drive-up window or teller service provided the following conditions are met: a) No drive-up window or lane shall be adjacent to a public street; b) Drive-up uses shall be limited to one service window which is part of a primary structure and no more than two queuing lanes, unless approved along with additional landscaping, screening, or other improved pedestrian amenities such as fencing. seating, raised pedestrian crossings, etc; c) Drive-up must be part of a multi-tenant mixed-use development. Freestanding buildings shall not have drive-up facilities unless they are designed to minimize impacts to the pedestrian environment and adequately address circulation issues and potential noise or light pollution; Richfield City Code 537-4 AGENDA SECTION: PROPOSED ORDINANCE AGENDA ITEM# 9 REPORT# 199 STAFF REPORT RICHFIELD CITY COUNCIL MEETING SEPTEMBER 27, 2011 REPORT PREPARED BY: MELISSA POEHLMAN, CITY PLANNER NAME,TITLE ACTING DEPARTMENT • ""-t �' _ ! � %., r / 70" j1. DIRECTOR REVIEW: �_Afr --i�tWW.011■■.-1 REVIEWED BY CITY fVf -410,1NI p MANAGER: / 111.1 ITEM FOR COUNCIL CONSIDERATION: Consider approval of an ordinance rezoning properties located at 6401 Lyndale Avenue, 515 64th Street West and 521 64th Street West from C-2 (General Commercial) and R (Single- Family Residential) to PMR (Planned Multi-Family Residential). Also consider summary publication of the attached ordinance. I. RECOMMENDED ACTION: By Motion: 1. Approve an ordinance rezoning properties located at 6401 Lyndale Avenue, 515 64th Street West and 521 64th Street West from C-2 (General Commercial) to R (Single-Family Residential) to PMR (Planned Multi-Family Residential). 2. Approve a resolution authorizing summary publication of an ordinance rezoning properties located at 6401 Lyndale Avenue, 515 64th Street West and 521 64th Street West from C-2 (General Commercial) to R (Single-Family Residential) to PMR (Planned Multi- Family Residential). II. BACKGROUND On September 14, 2010 the City Council approved the rezoning of properties at the corner of 64th Street West and Lyndale Avenue for the construction of a new apartment building. At that time, the developer, Michael Development, asked that the rezoning not be published — and therefore not be effectuated — until funding was 092711 -2nd Reading&Summary Pub RZN Lyndale Commons properties secured for the project. The Council agreed to this, but included a stipulation that the approval would expire after nine months. Michael Development is now ready to proceed with the project, as indicated by the submittal of revised plans (approved by the Council on August 9th); however, the ordinance authorizing the change in zoning expired on June 14th. The attached ordinance constitutes re-approval of the change and includes minor pp g. in zoning revisions updating the number of apartment units to 94 and the number of parking stalls to 136. III. BASIS OF RECOMMENDATION A. POLICY • The properties currently occupied by the retail strip center (Market Plaza) and the smaller retail building to the north are zoned C-2 (General Commercial). The Housing and Redevelopment Authority (HRA) property is currently zoned R (Single-Family Residential), a designation that is not consistent with the Comprehensive Plan. • All three properties are designated as "Mixed Use" in the Comprehensive Plan. • The applicant proposes to rezone all three properties to PMR (Planned Multi-Family Residential). This designation would be consistent with the Comprehensive Plan. B. CRITICAL TIMING ISSUES • In order for construction to begin this year, it is imperative that this approval be processed quickly. C. FINANCIAL • N/A D. LEGAL • A public hearing was held before the Planning Commission on September 26, 2011. Notice of the public hearing was published in the Sun Current Newspaper and mailed to property owners and residents within 350 feet of the affected parcels. • A first reading of the attached ordinance was approved by the Council on September 13, 2011. • Zoning changes become effective 30 days following publication. E. ENVIRONMENTAL CONSIDERATIONS • N/A IV. ALTERNATIVE RECOMMENDATIONS) • Deny the rezoning. The project cannot proceed without rezoning. V. ATTACHMENTS • Ordinance • Resolution • Planning & land use maps VI. PRINCIPAL PARTIES EXPECTED AT MEETING • Michael Development representative(s) --1 BILL BILL NO. 2011- AMENDMENT TO SECTION APPENDIX 1 OF THE ORDINANCE CODE OF THE CITY OF RICHFIELD (Lyndale Commons Planned Unit Development Plan and Rezoning) THE CITY OF RICHFIELD DOES ORDAIN: Section 1. Findings of Fact. The City Council hereby makes the following findings of fact: A. The City's zoning ordinance establishes zoning classifications for individual property. The properties located at 6401 Lyndale Avenue, 515 64th Street West and 521 64th Street West are zoned C-2 (general commercial) and R (single family residential) [the "subject area"]. B. Michael Development has submitted an application to the City for a Planned Unit Development plan [the "PUD plan"] in the subject area. The PUD plan proposes to construct 94 residential units and 136 parking stalls. C. The City has reviewed the zoning ordinance and determined that it would be appropriate to rezone the subject area as PMR (planned multi-family residential) and approve the PUD plan to establish the regulations governing the PMR district. D. The Planning Commission has conducted a public hearing concerning the PUD plan and amending the zoning ordinance in the subject area. The Planning Commission recommended approval of the PUD plan and zoning ordinance amendment on June 27, 2011 and September 26, 2011 following a public hearing. The City Council considered the PUD plan on July 12, 2011, followed by a first reading of the rezoning on September 13, 2011 and second reading on September 26, 2011. E. The City's zoning ordinance provides criteria for approving a PUD plan and rezoning of property to a planned unit development. The City Council finds that the PUD plan and rezoning of property in the subject area meets the criteria in the following ways: 1) The proposed development conforms with the goals and objectives of the City's Comprehensive Development Plan and any applicable redevelopment plans: a) The City's Comprehensive Plan designates these properties as part of a larger mixed use district encompassing the 66th Street and Lyndale Avenue Area. b) The Comprehensive Plan describes the intent in this area "is to continue the expansion of the city center R -a area by incorporating residential housing at 50+ units per acre..." c) The PUD plan and rezoning are also consistent with the following Comprehensive Plan Houisng Policy: "Encourage the creation of `move-up' housing through new construction and home remodeling." d) The PUD plan and rezoning are consistent with the Comprehensive Plan goal to, "Ensure sufficient diversity in the housing stock to provide for a range of household sizes, income levels and needs." 2) The proposed development is designed in such a manner as to form a desirable and unified environment within its own boundaries: The building is designed to provide on-site amenities like greenspace and parking to the residents. The proposal also connects the site to the neighborhood through sidewalk connections. 3) The development is in substantial conformity with the purpose and intent of the original MR-3 zoning district, and departures from the original district regulations are justified by the design of the development. Setbacks have been reduced to provide for a more interesting building design, the incorporation of a large plaza area to be visible from Lyndale Avenue and to maximize tree preservation and usable green space. 4) The development will not create an excessive burden on parks, schools, streets, or other public facilities and utilities which serve or are proposed to serve the development: Right turns onto 64th Street from the development will be prohibited to minimize traffic in the adjacent neighborhood and utilities will be upgraded to accommodate the new building. Greenspace, including a tot lot, will be provided for use by the residents. The development also sets aside an area for an enhanced transit facility to serve the neighborhood as a whole. 5) The development will not have undue adverse impacts on neighboring properties: Traffic in the neighborhood will be minimized by prohibiting right turns out of the development. This movement is not currently prohibited from the commercial development. The site has been designed to locate the building closer to Lyndale Avenue and farther from the single-family properties to the east. The parking lot will be screened with a privacy fence and landscaping. 6) The terms and conditions proposed to maintain the integrity of the plan are sufficient to protect the public interests: A final development plan, which establishes the terms and conditions of the development, is required before construction can commence. Section 2. Appendix 1 of the zoning ordinance code of the City of Richfield entitled "Richfield Zoning Code: Boundaries of Zoning Districts" is hereby amended: A. Section 3, Paragraph (26) is amended to read as follows: qr � (26) M-5 (E of Lyndale 64th and 65th) Lots 3 through 5 and Lots 1418 through 20, Block 6, Lyndale Oaks Addition except for the Northwesterly 25 feet of Lot 18; and Lot 2, Block 2, J.N. Hauser's Second Addition. (Amended, Bill No. ). B. Section 8, new paragraph (6) is added to read as follows: (6) M-5 (Southeast corner of Lyndale Avenue and 64th Street West) Lots 10 through 17 and the Northwesterly 25 feet of Lot 18, Block 6, Lyndale Oaks Addition, together with that part of the vacated alley that accrued to said Lots by reason of the vacation thereof. (Added, Bill No. ). Section 3. This amendment constitutes a rezoning of the following property: R to PMR: 515 64th Street West C-2 to PMR: 6401 Lyndale Avenue South and 521 64th Street West Section 4. 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 27th day of September, 2011. Debbie Goettel, Mayor ATTEST: Nancy Gibbs, City Clerk -q RESOLUTION NO. RESOLUTION APPROVING SUMMARY PUBLICATION OF AN ORDINANCE AMENDING APPENDIX 1 OF THE CODE OF THE CITY OF RICHFIELD WHEREAS, the City has adopted the above referenced amendment of the Richfield City Code; and WHEREAS, the verbatim text of the amendment is cumbersome, and the expense of publication of the complete text is not justified. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield that the following summary is hereby approved for official publication: SUMMARY PUBLICATION BILL NO. AN ORDINANCE AMENDING APPENDIX 1 OF THE CODE OF THE CITY OF RICHFIELD This summary of the ordinance is published pursuant to Section 3.12 of the Richfield City Charter. This ordinance makes the following changes to the City Code: changes the zoning designation of properties located at 6401 Lyndale Avenue and 521 64th Street West from C-2 (General Commercial) to PMR (Planned Multi-Family Residential); and changes the designation of property located at 515 64th Street West from R (Single-Family Residential) to PMR (Planned Multi-Family Residential). The changes are consistent with the City's Comprehensive Plan designation of"Mixed Use." Copies of the ordinance are available for public inspection in the City Clerk's office during normal business hours or upon request by calling the Department of Community Development at (612) 861-9760. Adopted by the City Council of the City of Richfield, Minnesota this 27th day of September, 2011. Debbie Goettel, Mayor ATTEST: Nancy Gibbs, City Clerk q -s LYNDALE LE COMMONS PROJECT PROPOSAL 7/10 Surrounding Zoning C-2 MR-3 R R R R C-2 C-2 MR-1 MR-1 MR-1 R R R MR-1 M 1 360p7, 64TH STREET WEST R R R PROPOSED PMR ZO VING C-2 PC-2 R R R R C-2 11// R R R 1�F % R r R C-2 C-2 MR- C- MR-3 ‘Vir' 0 62.5 125 250 375 500 Feet LEGEND R-Single-Family Residential MR-1 -Two-Family Residential MR-2 - Multi-Family Residential MR-3 - High-Density Multi-Family Residential PMR- Planned Multi-Family Residential C-2 -General Commercial PC-2 - Planned General Commercial I:\GIS\Community Development\Staff\Melissa\Projects\Zoning Cases\Lyndale Commons -Z.mxd q _ / LYNDALE COMMONS PROJECT PROPOSAL 7/10 Surrounding Comprehensive Plan Designations 1 1 CC MHD MHD LDR LDR LDR LDR LD MIXED MHD MHD MHD MHD LDR LDR LDR LDR L 360 pt 64TH STREET WEST MIXED LDR LDR PROPOSED PMR ZO■ING MIXED MIXED MIXED MIXED LDR LDR 4 MIXED �ti0 MIXED LDR DR -9cF "/ MIXED LDR LDR "'G F MIXED MIXED MIXEr MIXED MIRE■ N ., X MI _. MIED MIXED MIXED MIXED VOIR - /% I 0 62.5 125 250 375 500 LEGEND Feet CC-Community Commercial LDR- Low-Density Residential MHD -Medium-High Density Residential MIXED - Mixed Use - I:\GIS\Community Development\Staff\Melissa\Projects\Zoning Cases\Lyndale Commons -CP.mxd AGENDA SECTION: OTHER BUSINESS AGENDA ITEM# 10 REPORT# 200 STAFF REPORT RICHFIELD CITY COUNCIL MEETING SEPTEMBER 27, 2011 REPORT PREPARED BY: JIM TOPITZHOFER, RECREATION SERVICES DIRECTOR NAME,TITLE DEPARTMENT DIRECTOR REVIEW: la 'WI F Lir I REVIEWED BY CITY MANAGER: i� ITEM FOR COUNCIL CONSIDERATION: Consideration to authorize staff to solicit bids for the remaining work of the Honoring All Veterans Memorial. I. RECOMMENDED ACTION: By Motion: Consideration to authorize staff to solicit bids for the remaining work of the Honoring All Veterans Memorial. II. BACKGROUND Members of the Honoring All Veterans Memorial (HAVM) Board presented design drawings and cost estimates for the remaining work of the Monument last month, requesting City Council to consider providing funds for the remaining work. City Council asked the group to develop a few additional options for landscaping. Remaining work on the monument includes the following components: • Six concrete columns, each representing a branch of our Military Services • Granite finish on sculpture pedestal • North concrete trail with lighting • Irrigation and drinking fountain • Landscaping • The group will present three landscape options at the Council meeting (see attached): 0927 HAVM Option A— minimal landscaping Option B —additional trail and landscaping on east side Option C —full landscape plan Council may chose any of the above options or instruct the HAVM Board to further modify the design if desired. If the Council authorizes staff to prepare and advertise bids, bid approval and contract to lowest bidder will follow. Pending approval, construction will begin next spring. III. BASIS OF RECOMMENDATION A. POLICY • The recommended action is to authorize staff to prepare bidding documents and to advertise for bids. Because the estimated cost for all options exceeds $100,000, City policy requires a sealed bidding process. If authorized to proceed, bids for the remaining work will be presented to Council at a future date along with a contract to the lowest bidder for final approval of the project. B. CRITICAL TIMING ISSUES • The HAVM Board feels that the completion of the Monument is needed at this time because of pressure from competing monuments in the area and that a completed monument will boost engraving sales. C. FINANCIAL • Cost estimates including 10% contingency and 6% construction management services are attached and summarized as follows: Option 1 - $220,000 Option 2 - $290,000 Option 3 - $528,000 • The HAVM Board is requesting City Council to consider the use of funds from the City's Recreation Fund to pay for the remaining costs of the Monument and then be fully reimbursed over time through the proceeds of engravings sales. The expected payoff schedule based on the sale of 120 engravings per year (one full tablet) is as follows: Option A—2 years Option B—2.5 years Option C —4.5 years D. LEGAL • The City Attorney recommends drafting an agreement with the HAVM Board to document their pledge to dedicate future engraving sales to be reimbursed to the City until the City is fully reimbursed for the remaining monument construction. E. ENVIRONMENTAL CONSIDERATIONS • N/A IV. ALTERNATIVE RECOMMENDATION(S) • Council may chose any of the above options, instruct the HAVM Board to further modify the design if desired, or to postpone the project until HAVM has collect sufficient engraving sales to complete the project. V. ATTACHMENTS • Drawings of Landscape Options and Cost Estimate Details VI. PRINCIPAL PARTIES EXPECTED AT MEETING • Len Gudmundson, President and other HAVM Board members • Joel Odens, Project Architect NW /0 — k f— I 1 _ h eo ( `•w !, - i - 1 ''o o _ 0 - �--- , a a ,� " _ ere ( 5 I 2 ``'`• v I '` EM1g -o' -.y. ,a's'p - - ,\- • `f' it i J -- -`-�., S �-� .I\:\e''''3'.'!:.,,°, : Roll a ' - _________ -i pil O \ s - t_-- -- 7 _ `+ + � I L 1� © � t R� 1 iii' Q , z © / - —i- — - . I - r sW; : Fz a.3 . �' ? __ �,g'f F ''d' 1 �. r V . >i 0 - 0 � � kp-_ � = ,___ ---- _--_-- -----_------ --------=-- _---;_-_----v_-__---— i Fr ' I I ( L}_- .W. `-_ _u __ .-. -,a,_ v.-.L.:ice-z -..--_, - ,.L M 3■3M awunoa ki 5 16 -09-- i I. U g I. 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COORDINATOR a- TITLE REVIEWED BY CITY MANAGER: I/ . 41/1111 , # Ida ITEM FOR COUNCIL CONSIDERATION: Consideration of appointments to fill youth terms on City advisory commissions. I. RECOMMENDED ACTION: By Motion: Approve the appointments to fill the youth terms on the City's advisory commissions. II. BACKGROUND The Advisory Board of Health, Human Rights Commission and Friendship City Commission have youth term vacancies. Advertisements were placed in the Richfield Sun, on the Cable TV Community Bulletin Board, and the City's Website. Notices were also sent to Richfield High School, Academy of Holy Angels and local churches. Terms are effective upon appointment through August 31, 2012. Applicants were interviewed at a Special City Council meeting on September 27, 2011. III. BASIS OF RECOMMENDATION A. POLICY • The City advisory commissions were established by City ordinance or resolution. • The Mayor directs the City Manager's office to conduct an annual recruitment seeking applicants to fill expiring terms. 0927commission • Interviews of the applicants were conducted at a Special City Council meeting. The meetings were posted in accordance with the open meeting law requirements. B. CRITICAL ISSUES • Applicants were interviewed at a Special City Council meeting on September 27, 2011. • Terms are effective upon appointment through August 31, 2012. C. ENVIRONMENTAL CONSIDERATIONS • None IV. ALTERNATIVE RECOMMENDATION(S) • Defer appointments to another Council meeting. V. ATTACHMENTS • Vacancy list. VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None. i1 1 09/19/1109/19/11 COMMISSION VACANCIES YOUTH APPOINTMENTS ADVISORY BOARD OF HEALTH — 1 vacancy (youth) August 31, 2012 FRIENDSHIP CITY COMMISSION —2 vacancies (youth) August 31, 2012 (youth) August 31, 2012 HUMAN RIGHTS COMMISSION — 2 vacancies (youth) August 31, 2012 (youth) August 31, 2012 9/14/09 AGENDA SECTION: PROPOSED ORDINANCE AGENDA ITEM# 12 REPORT# 202 MAIN STAFF REPORT RICHFIELD CITY COUNCIL MEETING SEPTEMBER 27, 2011 KAREN BARTON, ASSISTANT REPORT PREPARED BY: COMMUNITY DEVELOPMENT DIRECTOR NA*LE ACTING DEPARTMENT ► &_, t e■■r DIRECTOR REVIEW: ♦.. ■,a0AiW 1*A,rm- REVIEWED BY CITY �_ . MANAGER: �/ ,/ _, `1/ Z ITEM FOR COUNCIL CONSIDERATION: Consideration of proposed sale of land to Wellington Management, Inc. I. RECOMMENDED ACTION: By Motion: • Close the meeting to consider a Purchase Agreement from Wellington Management, Inc. for the purchase of Lot 3, Block 1, Heyman Addition; and • Accept or extend a counter proposal to the Purchase Agreement; and • Approve first reading of an ordinance providing for the sale of certain real property of the City and schedule second reading for October 11, 2011. II. BACKGROUND At the regular meeting of the City Council on August 9, 2011, the City Council considered and approved a planned unit development plan for the former Kmart site, to be redeveloped by Wellington Management, Inc. (Wellington). That development is immediately adjacent to two parcels of property owned by the City of Richfield and described as Lot 2 and Lot 3, Block 1, Heyman Addition. Lot 2 is located at the northeast corner of 66th Street and Lyndale Avenue, and Lot 3 runs along Lyndale Avenue between 66th Street and 65th Street. 092711 Proposed sale of property to Wellington Lot 3 Heyman Addn At the August 17, 2011 Special City Council meeting, the City Council accepted a Purchase Agreement and approved the sale of Lot 2 to Wellington to facilitate the construction of a restaurant/retail building at the corner of Lyndale Avenue and 66th Street. At that time, Wellington did not anticipate a need to acquire Lot 3. Subsequently, Wellington has learned through their architect and engineer that they will need to acquire Lot 3, or request an easement from the City, to allow for the proposed LA Fitness to be constructed as planned. Wellington has submitted a Purchase Agreement to the City of Richfield, which is attached, and is proposing to acquire Lot 3, at this time. The City Attorney has reviewed the Purchase Agreement and has recommended changes. If The City Council chooses to accept the Purchase Agreement, they may do so contingent upon City Attorney approval. III. BASIS OF RECOMMENDATION A. POLICY • The City of Richfield actively encourages and supports the improvement and redevelopment of functionally obsolete or economically disadvantaged properties, in order to improve the City's tax base and provide jobs. B. CRITICAL TIMING ISSUES • Wellington proposes to close on the Kmart site in October and redevelopment is scheduled to begin immediately thereafter, with construction of the LA Fitness to begin within 120 days following closing. C. FINANCIAL • The City Council must determine the price and/or conditions upon which it is willing to convey Lot 3 to Wellington. • Hennepin County Assessors value of this property is $35,000. D. LEGAL • The City Attorney has reviewed the Purchase Agreement and has recommended changes. • The City Attorney will be at the meeting to answer questions. E. ENVIRONMENTAL CONSIDERATIONS • N/A IV. ALTERNATIVE RECOMMENDATION(S) • The Council may approve the sale of Lot 3 to the HRA, for reconveyance to Wellington. • The City Council may choose not to accept the Purchase Agreement. • The City Council may offer a counter-proposal. V. ATTACHMENTS • Ordinance • Map • Purchase Agreement VI. PRINCIPAL PARTIES EXPECTED AT MEETING • Representatives of Wellington Management, Inc. BILL NO. AN ORDINANCE PROVIDING FOR THE SALE OF CERTAIN REAL PROPERTY OF THE CITY THE CITY OF RICHFIELD DOES ORDAIN: Section 1. The following property of the City is hereby authorized to be sold to Wellington Management, Inc. or such other entity as Wellington Management, Inc. may designate in writing. Lot 3, Block 1, HEYMAN ADDITION, Hennepin County, Minnesota Sec. 2 The Mayor and City Manager are authorized and directed to sign all documents necessary to affect the sale contemplated by this ordinance, in accordance with the terms and conditions of the purchase agreement as approved by the City Council. Sec. 3. This ordinance will be effective in accordance with Section 3.09 of the City Charter. Adopted this day of October, 2011. By: Debbie Goettel, Mayor ATTEST: Nancy Gibbs, City Clerk ra —(2-- Hennepin County Property Map - Tax Year: 2011 The data contained on this page is derived from a compilation of records and maps and may contain discrepancies that can only be disclosed by an accurate survey performed by a licensed land surveyor.The perimeter and area(square footage and acres)are approximates and may contain discrepancies.The Information on this page should be used for reference purposes only. Hennepin County does not guarantee the accuracy of material herein contained and is not responsible for any misuse or misrepresentation of this information or its derivatives. 6438 ' --L—415 409 ru_ 6439 -6438 6440 , 6 2 312 :::i.1(.1 r 6163 400 O 6444 m IA 6444 65TH 5T W i 6500 1 ii 42 Ill 1 t f 3 FO OCR kuA. e-t- r / 6501 1'f / /f J if! 1 // 7 b R - 300 r .i ir h z0 / s. 1' 42 /t V i -_r------.- 66TH ST W - - 660 - _.----- 1 r -7-42 I 6600 Selected Parcel Data Date Printed: 9/21/2011 12:01:38 PM Hennepin Parcel ID: 27-028-24-23-0081 Current Parcel Date: 9/6/2011 Owner Name: THE H R A OF RICHFIELD Parcel Address: 42 ADDRESS UNASSIGNED, RICHFIELD, MN 00000 Property Type: RESIDENTIAL Sale Price: $0.00 Homestead: NON-HOMESTEAD Sale Date: / Area (sqft): 4334 Sale Code: Area (acres): 0.10 A-T-B:TORRENS Market Total: $0.00 Tax Total: $0.00 REAL ESTATE PURCHASE AGREEMENT THIS REAL ESTATE PURCHASE AGREEMENT ("Agreement") is made as of September , 2011 (the "Effective Date"), by and between the City of Richfield, Minnesota, a municipal corporation and political subdivision of the State of Minnesota ("Seller"), and Lyndale Station LLC, a Minnesota limited liability company("Buyer"). In consideration of the terms and conditions of this Agreement, and the receipt of$1.00 in cash paid to Seller, Seller and Buyer agree as follows: 1. Sale of Property. Seller agrees to sell to Buyer fee simple interest in that certain parcel of real estate located in the City of Richfield, Hennepin County, Minnesota, legally described as Lot 3, Block 1, Heyman Addition, and all rights, privileges, servitudes, easements and appurtenances thereunto belonging or appertaining(the "Property"). Buyer hereby agrees to buy the Property from Seller, upon and subject to the conditions and limitations herein contained. 2. Purchase Price. Buyer shall pay to Seller, as consideration for the purchase of the Property, the sum of One Dollar ($1.00) ("Purchase Price"). Buyer shall pay to Seller at Closing (defined below) the Purchase Price by wire transfer, other immediately available funds, letter of credit or bond,to be determined in Buyer's reasonable discretion. 3. Title and Examination. Buyer's obligation to consummate the transaction contemplated by this Agreement shall be subject to the satisfaction or waiver of each of the following conditions ("Examination Conditions") on or before 5:00 p.m. on the date that is one hundred twenty (120) days after the later to occur of: (i) the Effective Date, or (ii) receipt by Buyer of all of the Due Diligence Materials described in Section 3(b) below (the "Contingency Date"). Buyer shall have the unilateral right to waive any of the Examination Conditions, in whole or in part, by written notice to Seller: (a) Title/Survey. Seller shall, within ten (10) days after the Effective Date, deliver to Buyer all of Seller's existing surveys, title policies, commitments, abstracts and exception documents in Seller's possession or control (if any). Seller shall provide to Buyer, within ten (10) days after the Effective Date, at Seller's expense, a current title commitment ("Commitment") for the Property (with legible copies of all underlying title documents listed in the Commitment) for a 2006 ALTA form owner's title policy (the "Title Insurance Policy") in the amount of the Purchase Price issued by the Title Company (defined below) showing fee simple title in Seller, subject only to such encumbrances as Buyer shall specifically agree to in writing (collectively, the "Permitted Encumbrances"). Buyer may obtain, at Buyer's expense, an updated ALTA as-built survey ("Survey") for the Property. If the Survey discloses survey defects other than the Permitted Encumbrances or if the Commitment shows exceptions other than the Permitted Encumbrances (collectively, the "Unpermitted Encumbrances"), then Buyer shall notify Seller, in writing, on or before the Contingency Date, specifying the Unpermitted Encumbrances (the "Objections"). The "Title Company" shall be Commercial Partners Title, LLC, 200 South Sixth Street, Suite 1300, Minneapolis, MN 55402. Seller shall use commercially reasonable efforts to correct or cure Buyer's Objections. Seller shall have thirty (30) days ("Cure Period") after receipt of the Objections to cure such Objections. If Seller fails to cure any such Objections to the reasonable satisfaction of Buyer within the time provided above and to give Buyer written notice thereof, Buyer shall have the option to 8176632v1 1 either: (i) terminate this Agreement by giving written notice to Seller within ten (10) business days following the expiration of the Cure Period; or(ii)waive the Objections and proceed with Closing. (b) Due Diligence Materials; Tests. Seller shall, within ten (10) days after the execution of this Agreement, deliver to Buyer copies of the following due diligence materials to the extent in Seller's possession or control, for Buyer's review and analysis: (i) all environmental reports and test results affecting the Property; (ii) soil reports affecting the Property; (iii) any information regarding septic tanks or wells affecting the Property; (iv) all blueprints and engineering plans for the Property; and (v) any other documents that materially affect the ownership or management of the Property or any other documents or records that Buyer may reasonably request (collectively, the "Due Diligence Materials"). Seller shall allow Buyer and Buyer's officers, employees, agents, attorneys, architects and engineers access to the Property without charge and at all reasonable times, for the purpose of making such inspections, tests and verifications (collectively, "Tests") as they shall deem reasonably necessary. On or before the Contingency Date, Buyer shall be satisfied, in its sole and absolute discretion, with the results of the Tests, the Due Diligence Materials and the Property, and shall have the unqualified right to terminate this Agreement on or before the Contingency Date. Seller shall cooperate with Buyer to resolve, at Seller's expense, any title, utility or environmental issues discovered by Buyer on or before the Contingency Date. Buyer may, in its sole discretion and for any reason, terminate this Agreement at any time on or before the Contingency Date. Buyer shall, on or before the Contingency Date, do one of the following: (i) notify Seller in writing that the Examination Conditions have been satisfied or waived, in Buyer's sole and absolute discretion; or (ii) elect not to notify Seller in writing that the Examination Conditions have been satisfied or waived by Buyer, in Buyer's sole and absolute discretion. If Buyer gives notice as provided in (i) above, then the Closing shall occur as contemplated by this Agreement (subject to satisfaction of the other conditions precedent in this Agreement). If Buyer does not provide the notice described in (i) above, then this Agreement shall terminate. Upon such termination, neither party will have any further rights or obligations regarding this Agreement or the Property except for those indemnities and obligations that expressly survive Closing or termination of this Agreement. Notwithstanding anything to the contrary contained in this Agreement, Seller hereby agrees that Buyer shall have the unqualified right to terminate this Agreement at anytime before and including the Contingency Date. 4. Covenants by Seller. Seller covenants and agrees that from the Effective Date until the Closing Date, Seller shall conduct its business involving the Property as follows, and during such period will: (a) Refrain from conveying the Property or any interest therein, or creating on the Property any easements or other interests affecting the Property. (b) Refrain from entering into or amending any leases, contracts or other agreements affecting the Property without the prior written consent of Buyer, which consent shall not be unreasonably withheld, delayed or conditioned. (c) Operate, maintain, repair and insure the Property in a manner consistent with the existing operation, maintenance, repair and insurance of the Property. In addition, Seller shall, on or before the Contingency Date, conduct any and all necessary public hearings and make any and all necessary findings for purposes of authorizing 8176632v1 2 ls Seller's conveyance of the Property to Buyer. Seller shall provide Buyer with written notice of, and written status updates regarding, such public hearings and findings upon Buyer's reasonable request. 5. Representations by Seller. Seller hereby represents and warrants to Buyer as follows: (a) Seller has the requisite power and authority to enter into and perform this Agreement and the Seller's Closing Documents (as herein defined); such documents have been duly authorized by all necessary action on the part of Seller and have been or will be duly executed and delivered; such execution, delivery and performance by Seller of such documents will not conflict with or result in a violation of any judgment, order, or decree of any court or arbiter to which Seller is a party; and such documents are valid and binding obligations of Seller, and are enforceable against Seller in accordance with their terms. (b) Seller is not a "foreign person," "foreign partnership," "foreign trust" or "foreign estate" as those terms are defined in Section 1445 of the Internal Revenue Code. There is no action, litigation, investigation, condemnation or proceeding of any kind pending or threatened against the Property. There are no leases or other occupancy agreements affecting the Property. (c) The Property and its current use are in compliance with all federal, state and municipal laws, ordinances, rules and regulations. (d) Seller has disclosed and made available to Buyer all reports and investigations commissioned by, in Seller's possession or otherwise readily available to Seller relating to Hazardous Substances and the Property. The term "Hazardous Substance," in the singular and plural form, means any "hazardous substance" as defined in the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended from time to time (42 U.S.C. §§ 9601 et. seq.), any substances or materials that are classified or considered to be hazardous, contaminants, toxic or pollutants, or otherwise regulated under the laws of the State of Minnesota, crude oil and any fraction thereof, asbestos in any form or condition, polychlorinated biphenyls in any form or condition, and any other substance that may be harmful to human health including, without limitation, mold and radon. Seller is not aware of any environmental condition, situation or incident on, at, or concerning the Property that could give rise to an action or liability under any law, rule, ordinance, or common law theory. There are no past or present investigations, administrative proceedings, litigation, regulatory hearings or other actions proposed,threatened or pending, alleging non-compliance with or violation of any federal, state or local laws, ordinances, rules or regulations dealing with environmental, health or safety matters ("Environmental Laws") or relating to any required environmental permits, and neither Seller nor any third party has violated any Environmental Laws with respect to the Property. There are no underground or above ground storage tanks on the Property and no such tanks have been removed during Seller's ownership of the Property. (e) There are no service, maintenance or other contracts or equipment leases relating to the Property that will remain in place post-Closing. (f) The Due Diligence Materials made available and to be made available to Buyer by Seller shall be true, accurate, and complete in all material respects and shall not omit any material information. 8176632v1 3 (g) Seller holds good, marketable fee simple title to the Property. Seller has not entered into any other purchase agreements, options, rights of first offer, rights of first refusal or related agreements with any other party giving any other party the right to purchase the Property or any portion thereof, and no such rights exist in any other party. (h) There are no unsatisfied judgments, state or federal tax liens or encroachments or boundary line questions affecting the Property. (i) There is no pending or threatened condemnation proceeding or similar proceeding or assessment affecting any part of the Property. (j) There are no parties with any interest in the Property, and no other signatures are required to make this Agreement fully enforceable by Buyer, other than Seller. The representations and warranties of Seller contained in this Agreement shall survive Closing. Seller shall indemnify, defend and hold harmless Buyer and Buyer's lenders, principals, officers, employees, directors and members from and against any and all loss, cost, liability, damage or expense suffered or incurred by any of such indemnified parties as a result of the breach by Seller of any of the representations and warranties set forth in this Agreement. The indemnification provisions in this Agreement shall survive Closing or any termination of this Agreement and shall not be merged therein. 6. Representations by Buyer. Buyer represents to Seller that Buyer is a limited liability company duly organized and validly existing and in good standing under the laws of the State of Minnesota; Buyer has the requisite power and authority to enter into this Agreement and the Buyer's Closing Documents (defined below); such documents have been duly authorized by all necessary action on the part of Buyer and have been or will be duly executed and delivered; and such documents are enforceable against Buyer in accordance with their terms, subject to applicable bankruptcy, insolvency, reorganization, moratorium, creditor's rights and other similar laws. 7. Closing. (a) Closing Date. The closing of the purchase and sale contemplated by this Agreement (the "Closing") shall occur on a date to be determined by Buyer, provided such date is no sooner than the closing date of Buyer's purchase of the Former K-Mart Property (defined below) and no later than June 1, 2012 (the "Closing Date"). The Closing shall be held at the office of the Title Company, or at such other place as the parties may mutually agree. Seller agrees to deliver possession of the Property to Buyer on the Closing Date, free and clear of the rights of any tenants, licensees or occupants. Notwithstanding anything to the contrary, Buyer may simultaneously close on the purchase of the Property and the Former K-Mart Property in Buyer's sole discretion upon notice to Seller. (b) Buyer's Closing Conditions Precedent. Buyer's obligation to consummate the transaction contemplated by this Agreement shall be subject to the satisfaction or waiver of each of the following conditions ("Buyer's Closing Conditions Precedent"); provided, however that Buyer shall have the unilateral right to waive any Buyer's Closing Conditions Precedent, in whole or in part, by written notice to Seller: 8176632v1 4 (i) On or before the Contingency Date, Seller shall have obtained any and all necessary approvals and findings authorizing Seller's conveyance of the Property to Buyer in accordance with Section 4. (ii) The representations in Section 5 of Seller hereof shall be, in all material respects,true and complete as of the Closing Date. (iii) Seller shall have performed all of the obligations required to be performed by Seller under this Agreement, as and when required by this Agreement. (iv) There shall not have been instituted and be pending any action or proceeding before any court, governmental agency or other regulatory or administrative agency or commission challenging the purchase and sale of the Property or the transactions related thereto. (v) Neither Buyer nor Seller shall have terminated this Agreement as provided herein. (vi) On the Closing Date, title to the Real Property shall be acceptable to Buyer in accordance with the provisions of Section 3(a). (vii) Buyer shall have obtained all necessary governmental and agency approvals and permits, consistent with applicable zoning codes and other governmental limitations and requirements, for Buyer's proposed use of the Property. (vii) Buyer shall have closed on the purchase of the property located adjacent to the Property and legally described as Lot 1, Block 1, Heyman Addition, Hennepin County, Minnesota (the "Former K-Mart Property"). Buyer may simultaneously close on the purchase of the Property and the Former K-Mart Property. In the event Buyer is unable to purchase the Former K-Mart Property for any reason, Buyer shall not be obligated to purchase the Property and may, without penalty, terminate this Agreement at any time upon written notice to Seller. Seller shall cooperate with Buyer in accomplishing the Buyer's Closing Conditions Precedent contained in this Section 7, including but not limited to Seller providing or obtaining any relevant information, certifications or applications, executing documents, and holding hearings or otherwise participating in any regulatory or governmental processes. In the event that all Buyer's Closing Conditions Precedent have not been satisfied or waived as of the scheduled Closing Date or other date specified above, this Agreement may terminate at Buyer's election. In such event, neither party will have any further rights or obligations regarding this Agreement or the Property. 8. Closing Deliveries. (a) Seller's Closing Documents. On the Closing Date, Seller shall execute and/or deliver to Buyer or cause to be executed and/or delivered the following (collectively, the "Seller's Closing Documents"): 8176632v1 5 ,a_ $ (i) Deed. A Limited Warranty Deed ("Deed") conveying the Property to Buyer, subject only to the Permitted Encumbrances. The Deed shall contain a temporary restriction regarding Buyer's ability to sell the Property to a third party unless such third party assumes the development obligations related to the Retail Building and the Public Area set forth in Section 20 (the "Restriction"). The form and content of the Restriction shall be subject to Buyer's review and approval, and shall automatically terminate upon completion of the obligations set forth in Section 20. (ii) Certificate Regarding Representations in Section 5. A certificate stating that the representations in Section 5 made by Seller under this Agreement are true and complete in all material respects as of the Closing Date. (iii) FIRPTA Affidavit. A non-foreign seller affidavit properly containing such information as is required by Section 1445(b)(2) of the Internal Revenue Code and the regulations promulgated thereunder. (iv) Title Documents. Such affidavits of Seller, transfer tax declarations or other documents as may be reasonably required by the Title Company in order to record the Deed and issue the Title Insurance Policy. (v) Miscellaneous. Other documents reasonably required to consummate the transaction this Agreement contemplates. (vi) Seller's Affidavit. An Affidavit of Seller indicating that on the Closing Date there are no outstanding, unsatisfied judgments, tax liens or bankruptcies against or involving the Property; that there has been no labor or material furnished to the Property for which payment has not been made or for which mechanics' liens could be filed; that there are no unrecorded interests in the Property; and that there are no encroachment or survey issues of which Seller is aware; together with whatever standard owner's affidavit and/or indemnity may be reasonably required by the Title Company to issue the Title Insurance Policy conforming to the requirements of this Agreement. (vii) Well Certificate. If there are wells on the Property, a Well Certificate in the form required by Minn. Stat. §103I. (viii) Abstract. The abstract of title for the Property if in Seller's possession or control. (ix) Title Policy. The Title Insurance Policy or a marked-up title Commitment, meeting the requirements of this Agreement. (x) Termination of Service Contracts. Evidence that any service contracts for the Property have been terminated and that there are no claims, penalties or liabilities by or owed to such vendors that could adversely affect Buyer or the Property as a result of such terminations. Any service contracts affecting the Property shall be terminated prior to Closing by Seller at Seller's expense. 8176632v1 6 la -9 (xi) Return of Purchase Price. An instrument to be prepared by Seller and approved by Buyer obligating Seller to refund or return a portion of the Purchase Price pursuant to Section 2. (b) Buyer's Closing Documents. On the Closing Date, Buyer will execute and/or deliver or cause to be executed and/or delivered to Seller the following (collectively, the "Buyer's Closing Documents"): (i) Purchase Price; Title Documents. The Purchase Price and such affidavits of Buyer, transfer tax declarations or other documents as may be reasonably required by the Title Company in order to record the Deed and issue the Title Insurance Policy. (ii) Agreement Regarding Public Area. An instrument to be prepared by Buyer acknowledging that the Public Area (defined below) will be shared by Buyer and Buyer's tenants, occupants and licensees with the public for certain uses and that Buyer will be responsible for all maintenance and operation costs associated with the Public Area. (iii) Miscellaneous. Other documents reasonably required to consummate the transaction this Agreement contemplates. 9. Adjustment and Prorations. For purposes of calculating prorations, Buyer shall be deemed to be in title to the Property for the entire day upon which the Closing occurs. All such prorations shall be made on the basis of the actual number of days of the year and month that shall have elapsed as of the Closing Date. Except as otherwise expressly provided in this Agreement, all prorations provided for herein shall be final. (a) Real Estate Taxes and Special Assessments. Real estate taxes and installments of special assessments payable therewith due and payable in the year of Closing shall be prorated on a daily basis as of the Closing Date based upon the most recent tax bills. Real estate taxes and installments of special assessment payable therewith due and payable in the year prior to the year of Closing and all prior years shall be paid by Seller. Seller shall pay on or before the Closing Date all levied,pending and deferred special assessments as of the Closing Date. (b) Title Insurance. Buyer shall pay all title examination fees and Commitment fees of the Title Company. Buyer shall pay the premium for the Title Insurance Policy, with endorsements and extended coverage over the standard exceptions. Buyer shall also pay all costs of any lender's title insurance policy. (c) Survey Costs. Buyer shall pay all costs of the Survey. (d) Closing Fee. Seller and Buyer shall each pay one-half of the closing fees charged by the Title Company. (e) Transfer Tax; Sales Tax. Buyer shall pay all state deed tax owed to the State of Minnesota and any other transfer taxes or sales tax due in connection with the sale of the Property to Buyer. 8176632v1 7 —in (f) Recording Costs. Buyer shall pay the cost of recording the Deed. 10. Default/Remedies. (a) Seller's Default. In the event of a breach or default by Seller under the terms and conditions of this Agreement, Buyer shall have the right (i) to terminate this Agreement, (ii) to enforce specific performance of this Agreement, provided that any action for specific performance must be commenced within twelve (12) months of the scheduled Closing Date, as the same may have been extended pursuant to the provisions hereof, or (iii) to sue Seller for Buyer's damages and out-of-pocket costs and expenses, including reasonable attorneys' fees, in connection with the Property. (b ) Buyer's Default. In the event of a breach or default by Buyer under the terms and conditions of this Agreement, Seller, as its sole and exclusive remedy, shall have the right to terminate this Agreement by giving written notice to Buyer under Minnesota Statutes, Section 559.21. If Buyer fails to cure such default within thirty (30) days after the date of such notice, this Agreement shall terminate and neither party will have any further obligations under this Agreement. 11. Condemnation. If, prior to the Closing Date, eminent domain proceedings are commenced against all or any substantial part of the Property, Seller shall immediately give notice to Buyer of such fact and, at Buyer's option (to be exercised within thirty (30) days after Seller's notice), this Agreement shall terminate. In the event of any such termination, neither party will have any further obligations under this Agreement (other than the surviving indemnity obligations, which shall survive termination). If Buyer fails to elect to terminate this Agreement in the manner provided in this Section 12, then there shall be no reduction in the Purchase Price, and Seller shall assign to Buyer at the Closing all of Seller's right, title and interest in and to any award made or to be made in the condemnation proceedings and all payments made in lieu of condemnation. Prior to the Closing Date, Seller shall not designate counsel, appear in, or otherwise act with respect to the condemnation proceedings without Buyer's prior written consent, which consent shall not be unreasonably withheld or delayed. 12. Broker's Commissions. Seller represents to Buyer that in connection with the transaction contemplated hereby, no third party broker or finder has been engaged or consulted by Seller or is entitled to compensation or commissions in connection herewith. Seller shall defend, indemnify and hold harmless Buyer from and against any and all claims of brokers, finders or any like third party claiming any right to commissions or compensation by or through acts of Seller in connection herewith. This Section 12 shall survive the expiration or termination of this Agreement or the Closing. 13. Assignment. Buyer may assign its rights under this Agreement to any trust, corporation, partnership, limited liability company or other limited liability entity in which Buyer or Buyer's principals have a continuing ownership interest without Seller's consent. Any assignment shall be subject to the provisions, terms, covenants and conditions of this Agreement and such assignment and assumption shall be evidenced by a written agreement. Seller may not assign its rights under this Agreement without the prior written consent of Buyer. 14. Notices. Any notice or other communication in connection with this Agreement shall be in writing and shall be sent by nationally recognized overnight courier guaranteed next business day delivery, by facsimile transmission, by certified mail, return receipt requested, or by personal delivery,properly addressed as follows: If to Seller: City of Richfield 8176632v1 8 6700 Portland Avenue Richfield, MN 55423 Attn: Debbie Goettel and Steven Devich Facsimile No.: (612) 861-9749 With a copy to: Kennedy& Graven 470 U.S. Bank Plaza 200 South Sixth Street Minneapolis, MN 55402 Attn: Corrine Heine Facsimile No.: (612) 337-9310 If to Buyer: Lyndale Station LLC 1625 Energy Park Drive, Suite 100 St. Paul, MN 55108 Attn: Tanya Bell Facsimile No.: (651) 292-0072 With a copy to: Leonard, Street and Deinard 150 South Fifth Street, Suite 2300 Minneapolis, MN 55402 Attn: Gina Fox Facsimile No.: (612) 335-1657 All notices shall be deemed given one (1) business day following deposit if delivered to an overnight courier guaranteeing next day delivery, two (2) business days following deposit if sent by certified mail, or on the same day if sent by personal delivery or by facsimile (with proof of transmission). Any party may change its address for the service of notice by giving written notice of such change to the other party, in any manner above specified. 15. Captions; Entire Agreement; Modification. The section headings or captions appearing in this Agreement are for convenience only, are not a part of this Agreement, and are not to be considered in interpreting this Agreement. This Agreement constitutes the entire agreement between the parties with respect to the subject matter herein contained, and all prior negotiations, discussions, writings and agreements between the parties with respect to the subject matter herein contained are superseded and of no further force and effect. No covenant, term or condition of this Agreement shall be deemed to have been waived by either party, unless such waiver is in writing signed by the party charged with such waiver. 16. Binding Effect; Controlling Law; Severability. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns. This Agreement shall be governed by and construed in accordance with the laws of the State of Minnesota. The unenforceability or invalidity of any provisions hereof shall not render any other provision herein contained unenforceable or invalid. 17. Time of Essence; Counterparts; Interpretation; Survival. Time is of the essence of this Agreement. Should the date for the giving of any notice, the performance of any act, or the beginning or end of any period provided for herein fall on a Saturday, Sunday or other legal holiday, 8176632v1 9 I�-ice such date shall be extended to the next succeeding business day which is not a Saturday, Sunday or legal holiday. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. In the event an ambiguity or question of intent or interpretation arises, this Agreement shall be construed as if drafted jointly by the parties hereto and no presumption or burden of proof shall arise favoring or disfavoring any party by virtue of the authorship of any of the provisions of this Agreement. The respective covenants, agreements, indemnifications, warranties and other terms of this Agreement will survive and be in full force and effect after the Closing, and shall not be deemed to have merged into any of the closing documents. 18. No Negotiation. Seller and its employees, agents and representatives will not: (a) directly or indirectly solicit, initiate or encourage any inquiries or proposals from, discuss or negotiate with, provided any non-public information to, or consider the merits of any unsolicited inquiries or proposals from any person or entity (other than Buyer) relating to any transaction involving the sale or purchase of the Property in whole or in part or similar transaction; or (b) respond to solicitations of any persons or entities (other than Buyer) relating to the purchase or sale of the Property in whole or in part. 19. Representation by Counsel. The parties acknowledge that each party to this Agreement has been represented by counsel and such counsel have participated in the negotiation and preparation of this Agreement. This Agreement shall be construed without regard to any presumption or rule requiring that it be construed or constructed against the party who has drafted or caused this Agreement to be drafted. [Signature Page Follows] 8176632v1 10 Signature Page to Real Estate Purchase Agreement IN WITNESS WHEREOF, Seller and Buyer have executed this Agreement as of the day and year first above written. SELLER: BUYER: CITY OF RICHFIELD, MINNESOTA LYNDALE STATION LLC a Minnesota limited liability company By: By: Name: Debbie Goettel Name: Stephen B. Wellington Title: Mayor Its: Chief Manager By: Name: Steven Devich Title: City Manager 8176632v1 11