HomeMy WebLinkAboutCity Council Packet 01-03-2017 SpecialCity Council/EDA Joint Meeting 1 of 1 January 3, 2017
CITY OF PLYMOUTH
JOINT CITY COUNCIL/EDA AGENDA
JANUARY 3, 2017, 5:30 p.m.
MEDICINE LAKE CONFERENCE ROOM
(Joint City Council/EDA Meetings are comprised of the same members and allow either the
City Council or EDA to act on items. Items needing action by a specific body are noted
below.)
1. CALL TO ORDER
2. ROLL CALL
3. APPROVE AGENDA
4. CONSENT AGENDA
4.01 Approve December 13, 2016 EDA Minutes (EDA Action Item)
4.02 Accept Jim Davis Resignation and Appoint Bryan Oakley to
Planning Commission (City Council Action Item)
5. GENERAL BUSINESS
5.01 Environmental Assessment Worksheet for Four Seasons Mall Redevelopment
(Agora) (City Council Action Item)
5.02 Agora Senior Housing and Affordable Housing Options
5.03 Lodging Tax Discussion
6. OTHER TOPICS
7. ADJOURN
Proposed Minutes 1 of 3 EDA Meeting of December 13, 2016
Proposed Minutes
Economic Development Authority Meeting
December 13, 2016
President Slavik called an Economic Development Authority Meeting to order at 5:30 p.m. in the
Medicine Lake Room, 3400 Plymouth Boulevard, on December 13, 2016.
BOARD MEMBERS PRESENT: President Slavik, Commissioners Beard, Johnson, Prom,
Wosje, Willis, and Carroll, and Assistant Treasurer Callister.
ABSENT: None.
STAFF PRESENT: Community Development Director Juetten, Administrative Services Director
Fischer, Park and Recreation Director Evans, Public Works Director Cote, City Attorney
Knutson, Economic Development Manager Parr, and Office Support Representative Gottschalk.
OTHERS PRESENT: Rock Hill Management Group Representative Apurva Patel, KW
Commercial Representative Lowell Lankford, Best and Flanagan Tax Attorney Dan Nelson,
Midwest Management Representative Adam Pagh, and Ehlers Financial Advisor Consultant
Stacie Kvilvang.
Consent Agenda
Motion was made by Commissioner Johnson, and seconded by Commissioner Prom, to approve
the Consent Agenda that included the following item:
(4.01) Minutes from EDA meeting held on September 27, 2016 and November 1, 2016.
With all members voting in favor, the motion carried.
Motion was made by Commissioner Carroll, and seconded by Commissioner Wosje, to approve
the minutes. With all members voting in favor, the motion carried.
4.01
Page 1
Proposed Minutes 2 of 3 EDA Meeting of December 13, 2016
General Business
(5.01) Agora Project
Background
Assistant Treasurer Callister opened the discussion by stating this was a check in meeting and no
action would be taken at this meeting. Assistant Treasurer Callister asked the President and
Commissioners to add a resolution calling for a public hearing on the proposed modification of
the Development Program for Development District No. 7 and the proposed establishment of Tax
Increment Financing District no. 7-9 and the proposed adoption of the Tax Increment Financing
Plan. The meeting will be held on January 24, 2017. It was agreed to add it to the consent
agenda at the council meeting later this evening.
Process
Economic Development Manager Parr discussed the project schedule and referenced a calendar
given to all showing important dates in December 2016 and January 2017. The TIF final
consideration is set for January 24, 2017.
Site Plan/Parking
Community Development Director Juetten referenced the updated site plan and discussed
changes to buildings three and four. He stated that the two buildings would be a combined total
of 18,000 sq. feet. Community Development Director Juetten also talked about additional
parking where the coffee shop was going to be built. Commissioners had some
questions/concerns about removing the coffee shop and if there would be covered parking.
Community Development Director Juetten explained that there is limited covered parking (70-85
stalls) due to the water table at the building site. Administrative Services Director Fischer talked
about monitoring the spaces by using signs. The retail spaces would be marked with “Four hour
limit parking.” Other signs would be posted stating “No overnight parking Thursday-Sunday.”
Park and Ride
Administrative Services Director Fischer talked about the amount of money in the transit fund in
order to help fund the development. The transit fund has ten million dollars. Three million is
from RTC and can be used on capital type projects and seven million is from local transit
reserves. A commissioner asked if the funds used for the project would take away from the fleet
reserves. Administrative Director Fischer stated that it is two different types of funding sources
so the fleet reserves would not be affected. There will be 339 stalls in the parking structure and
200 of those stalls will be designated for Park and Ride. The MET council regulates how the city
can use the funding and the number of stalls designated for Park and Ride was part of that
regulation. Some of the Commissioners had questions on how the funding works from the MET
council. Administrative Services Director Fischer stated that the funding sources varies
throughout the MET council and he could not give a definite answer.
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Proposed Minutes 3 of 3 EDA Meeting of December 13, 2016
TIF
Consultant Stacie Kvilvang from Ehlers gave an updated review of the TIF request. Consultant
Kvilvang went over the amount of taxes the site would bring in yearly and also discussed interest
rates and the payoff to the AGORA group at the completion of the project. Consultant Kvilvang
went over the TIF district boundaries and there was discussion on how to make the district spread
over the entire city.
At the end of the presentation a question was asked about offering affordable senior housing in
the senior apartments . Representative Patel stated that it was not in the agreement, but he could
talk to the management group in charge of the senior housing to see if that is a possibility and
how that would affect the TIF funding. A request was made to City Staff to touch base with the
HRA Manager and discuss affordable senior housing. The strict timeline was brought up and
members of the EDA did not feel comfortable moving forward until more of their questions were
answered. An additional meeting on December 27, 2017 was discussed to come back and get
some questions answered. No additional meeting dates were set.
Other Topics
No other topics were discussed.
Adjournment
President Slavik adjourned the meeting at 6:53 p.m.
Amy Gottschalk, Office Support Representative
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JOINT
COUNCIL/EDA
MEETING
January 3, 2017
Agenda
Number: 4.02
To: Dave Callister, City Manager
Prepared by: Luke Fischer, Administrative Services Director
Reviewed by:
Item: Accept Planning Commission Resignation from Jim Davis and
Appoint Bryan Oakley
1.ACTION REQUESTED:
Accept Jim Davis’ resignation from the Planning Commission and appoint Bryan Oakley to fill the vacancy.
2.BACKGROUND:
On January 3, 2017, Jim Davis will take his City Council oath of office and assume those responsibilities.
We expect to receive his resignation to the Planning Commission. Bryan Oakley was slated to represent
Ward 3 on the Commission in February – taking the seat previously held by Mr. Davis. In light of the
resignation, staff recommends appointing Mr. Oakley effectively immediately.
3.BUDGET IMPACT:
None applicable.
4.ATTACHMENTS:
Resolution
Page 1
CITY OF PLYMOUTH
RESOLUTION NO. 2017-___
RESOLUTION ACCEPTING PLANNING COMMISSION RESIGNATION FROM JIM
DAVIS AND APPOINTING BRYAN OAKLEY TO REPRESENT WARD 3
WHEREAS, Jim Davis has submitted his resignation to the Planning Commission effective January
3, 2017 following his election to City Council; and
WHEREAS, the City Council has appointed Bryan Oakley to fill the vacancy created by Jim Davis’
election to the City Council, effective February 2017; and
WHEREAS, the Planning Commission meets on January 4, 2017 and the Council has determined it
must be fully seated.
NOW, THEREFORE BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF
PLYMOUTH, MINNESOTA that Jim Davis’ resignation is accepted.
BE IT FURTHER RESOLVED that Bryan Oakley is hereby appointed, effective immediately, to the
Ward 3 seat on the Planning Commission.
APPROVED by the City Council on this 3rd day of January, 2017.
Page 2
JOINT
COUNCIL/EDA
MEETING
January 3, 2017
Agenda
Number: 5.01
To: Dave Callister, City Manager
Prepared by: Barbara Thomson, Planning Manager and Shawn Drill, Senior
Planner
Reviewed by: Steve Juetten, Community Development Director
Item: Environmental Assessment Worksheet for the Four Seasons
Mall Redevelopment Project (2016086)
1. ACTION REQUESTED:
Adopt the attached resolution declaring a finding of “no need” for an Environmental Impact Statement
(EIS), based on review of the Environmental Assessment Worksheet (EAW) for the Four Seasons Mall
Redevelopment Project, as recommended by the Planning Commission.
Approval requires a 4/7 vote of the City Council.
2. BACKGROUND:
On December 7, 2016, the Planning Commission reviewed the EAW and subsequently voted
unanimously to recommend that no further investigation was needed on the EAW, and to recommend
“no need” for an EIS. A copy of the Planning Commission minutes and report is attached. Notice of the
Planning Commission’s public meeting was mailed to all property owners within 750 feet of the site.
3. PUBLIC COMMENT ON THE EAW:
The Minnesota Environmental Review Program rules state that comments submitted on an EAW shall
address the accuracy and completeness of the material, potential environmental impacts that may
warrant further investigation before the project is commenced, and the need for an EIS on the proposed
project.
The staff memorandum attached to the Record of Decision (Appendix B) responds to the questions raised
by agencies and the public, including members of the Planning Commission and City Council.
4. BUDGET IMPACT:
Not applicable.
5. ATTACHMENTS:
Planning Commission Minutes
Planning Commission Report
EAW for Four Seasons Mall Redevelopment Project
Record of Decision
Resolution
Page 1
Proposed Minutes
Planning Commission Meeting
December 7, 2016
7. NEW BUSINESS
A. CITY OF PLYMOUTH (2016086)
Chair Davis introduced the request by the City of Plymouth for review of an environmental
assessment worksheet for a mixed use project to be called Agora on the former Four Seasons
Mall site located at 4200 Lancaster Lane.
Senior Planner Drill gave an overview of the staff report.
Commissioner Anderson stated that it was said that the developer is working with agencies to
develop solutions or alternatives in order to proceed on the water distribution. He asked how the
EAW could be considered complete if that information is not included.
Senior Planner Drill replied that this project could stand alone and is not contingent upon those
agreements. He noted that if the alternatives could be agreed upon that would be a benefit to
everyone, but this application is not contingent upon them.
Commissioner Anderson referenced the wetland and the disturbance that would occur. He asked
where the mitigation would occur.
Senior Planner Drill replied that the applicant would buy wetland credits, and the profits from the
credits would be used to create wetlands elsewhere.
Commissioner Anderson referenced the use of the foundation mentioned and asked if the
applicant would be building upon the existing foundation.
Senior Planner Drill replied that the applicant would be building upon some of the existing
foundation structure because of the poor soil conditions.
Commissioner Anderson stated that his recollection is that some of the area is sponge-like and
asked if additional piles would be needed and the environmental impact of that action in terms of
noise and vibration as that was not addressed in the EAW.
Senior Planner Drill stated that he would accept that comment but would not respond to it
tonight. He thought there was a mention of the noise from the pilings within the EAW but noted
that if it is not, he will ensure that it is included.
Commissioner Anderson asked if the sanitary lift station is a new station or an existing station.
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Senior Planner Drill replied that there is an existing lift station on a city parcel, which he
identified on the map, and noted that will not be part of the plat. He stated that there is a well
house on the site and the portion of land on which the well house sits will be dedicated to the
City as part of the plat.
Planning Manager Thomson identified the portion of the EAW that addresses the noise from the
pilings.
Commissioner Anderson stated that historically Plymouth has avoided lift stations and stated that
he has a hard time believing that an existing retail building generates the same amount of water
that a hotel, office building and second hotel generate. He said he did not believe the lift station
capacity is correct and asked if there is an alternate to a lift station.
Senior Planner Drill stated that staff will look into that and address the item when it moves
forward to the council.
Commissioner Goldetsky stated that he lives closest to this location and is delighted that the plan
looks very nice and will be a vast improvement from the dilapidated building that exists today.
He stated that from an environmental impact perspective, he does not see much difference
between the activity that occurred when it was a shopping center and the new use.
Senior Planner Drill confirmed that the impact from the activity would be similar.
Commissioner Saba stated that there is a fair amount of data on the traffic in this area, and it
appears that the infrastructure and proposed improvements can easily handle the amount of
traffic proposed.
Chair Davis opened the public meeting.
Chair Davis introduced Jody Shands, 10800 40th Avenue North, who asked if the amount of
permeable surface will be similar under the new development to what currently exists. She
asked if there will be additional sound and light pollution.
Planning Manager Thomson replied that those issues are included in the EAW and the comments
will be forwarded to the City Council.
Chair Davis closed the public meeting.
MOTION by Commissioner Kovach, seconded by Commissioner Anderson, to recommend to
the City Council that they review the environmental assessment worksheet for a mixed use
project to be called Agora on the former Four Seasons Mall site located at 4200 Lancaster Lane,
including the questions raised at this meeting, and that there is no need for further investigation
regarding environment impacts, and there is no need for an environmental impact statement on
the proposed project. Vote. 7 Ayes. MOTION approved.
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Agenda Number 7A
File 2016 086
PLYMOUTH COMMUNITY
DEVELOPMENT DEPARTMENT
PLANNING AND ZONING
STAFF REPORT
TO: Plymouth Planning Commission
FROM: Shawn Drill, Senior Planner (509-5456) and Barbara Thomson, Planning
Manager (509-5452)
MEETING DATE: December 7, 2016
APPLICANT: City of Plymouth
PROPOSAL: Consideration of Environmental Assessment Worksheet for the Four
Seasons Mall Redevelopment Project
LOCATION: 4200 Lancaster Lane
GUIDING: C (Commercial)
CURRENT ZONING: C-2 (Neighborhood Commercial)
REVIEW DEADLINE: January 13, 2017
DESCRIPTION OF REQUEST:
The Environmental Assessment Worksheet (EAW) is for a proposed redevelopment of the 17-acre
Four Seasons Mall site. The development, to be called Agora, would be located south of County
Road 9 and west of Highway 169 and would include the following:
two hotels (one with 95 rooms and one with 100 rooms);
a senior housing building with 139 units (65 independent living apartments, 50 assisted
living apartments and 24 memory care units);
commercial uses (roughly 78,000 square feet of retail space and roughly 20,000 square
feet of office space); and
a parking ramp containing 339 parking spaces.
Page 4
The development is also planned to incorporate walking paths, infiltration basins, a water quality
treatment pond, native plantings, tree trenches, and a central plaza.
Notice of this public meeting was mailed to all property owners within 750 feet.
LEVEL OF CITY DISCRETION IN DECISION-MAKING:
Under the Minnesota Environmental Review Program rules, the City is the governmental unit
responsible for preparing this EAW and determining whether the project has the potential for
significant environmental effects.
The purpose of the environmental review process is to provide usable information to the project
proposer, governmental decision-makers, and the public concerning the primary environmental
effects of a proposed project. The EAW should identify measures to protect the environment that
can later be imposed as conditions of approval in future development applications.
If the EAW identifies significant environmental effects that cannot be mitigated or minimized, the
City Council would order the preparation of an Environmental Impact Statement (EIS). An EIS
does not necessarily disclose more information about potential impacts; but rather, its main
purpose is to examine project alternatives and additional mitigation measures to lessen significant
impacts identified in the EAW. Furthermore, an EIS is not a means to approve or deny a project,
but is an additional source of information to guide decisions. Very few projects move to the EIS
stage, because in most cases the EAW adequately describes the potential impacts and identifies
mitigation measures.
The statutory standard for requiring an EIS is whether the project has the potential for significant
environmental effects—not whether the EAW has adequately disclosed information about
potential impacts. Accordingly, if the Planning Commission determines that the EAW does not
disclose sufficient information about potential impacts, the Planning Commission would
recommend that the City Council request additional information before making a decision on the
need for an EIS.
In deciding whether a project has the potential for significant environmental effects that would
warrant the preparation of an EIS, the City Council must consider the following factors, pursuant
to Section 4410.1700, Subp. 7 of Minnesota Environmental Review Program Rules:
a. type, extent, and reversibility of environmental effects;
b. cumulative potential effects of related or anticipated future projects;
c. the extent to which the environmental effects are subject to mitigation by ongoing
public regulatory authority; and
d. the extent to which environmental effects can be anticipated and controlled as a result
of other available environmental studies undertaken by public agencies or the project
proposer, including other EISs.
Page 5
The City Council has three courses of action when reviewing an EAW. These actions include: 1)
requiring additional information to address possible environmental effects not adequately
discussed in the EAW; 2) making a finding of “no need” for an EIS; or 3) ordering an EIS.
PUBLIC COMMENT PERIOD:
After the City initially determines that the EAW document is complete and accurate, the Minnesota
Environmental Quality Board advertises the availability of the document and the City transmits
the EAW to a standard list of regional and state agencies for comment. The comment period for
an EAW is 30 days. During this time period, the agencies and any member of the general public
may comment on the EAW.
The Plymouth Zoning Ordinance requires the Planning Commission to hold a public meeting to
review the EAW during the 30-day comment period. The 30-day comment period for this request
ends on December 14, 2016. The purpose of the public meeting is to give the public an opportunity
to learn more about the proposed project and provide comments on the EAW. Comments
submitted during the 30-day period, including comments provided at the public meeting, should
address the accuracy and completeness of the material contained in the EAW, potential impacts
that may warrant further investigation before the project commences, and the need for an EIS on
the proposed project. After the close of the comment period, staff and the developer will prepare
responses to the comments for review and consideration by the City Council.
OVERVIEW:
The primary environmental concerns associated with the redevelopment of the Four Seasons Mall
site are the impacts on traffic and water resources.
Traffic
The EAW used the findings from a 2016 traffic study to determine the impacts resulting from
traffic associated with the proposed project. The study was an update of the following two
previous studies that were undertaken in 2011: 1) an existing conditions analysis; and 2) an
analysis of the traffic impacts associated with four conceptual redevelopment plans for the mall
site. The 2016 study indicated that existing daily trips would increase from 125 to a projected
6,845 trips. The study included an operational analysis that examined the existing intersections
that would be most affected by the project. The capacity analysis indicated that key intersections
near the mall site would operate similar to current conditions in the morning and evening peak
hours with a slight decrease in level of service (LOS) at one location in the morning peak hour and
two locations in the evening peak hour.
Page 6
In order to minimize project-related traffic impacts during the morning and evening peak hours,
signal timing at County Road 9, which runs along the northern border of the mall site, would be
reviewed and adjusted, and the westbound left-turn lane on County Road 9 would be extended by
a minimum of 75 feet to reduce potential impacts to turning queues. With these improvements,
traffic operations would continue to function at acceptable levels.
The traffic study reviewed a right-in/right-out access on Lancaster south of the County Road 9
intersection that is being considered for the project. The study concluded that this access would
reduce the number of vehicles circulating the site internally, which in turn would reduce
pedestrian/vehicular conflicts in the parking lot. In addition, the volume and location would not
be expected to result in significant impacts on existing turn lanes on Lancaster Lane, cause traffic
operational issues, or impact sight distances and safety.
Water Resources
The project site contains one wetland complex and one Minnesota DNR Public Waters
Watercourse that flows through a portion of the wetland complex. Water quality improvements
would occur in the southern portion of the wetland. The project would include the construction of
stormwater retention ponds within the wetland to treat impervious surface on the site following
construction. Constructing the ponds would require excavation of the wetland to increase the
amount of storage for stormwater treatment. Any wetland impact would require DNR approval
and would be mitigated based on requirements outlined in the permit.
DEVELOPMENT REVIEW PROCESS:
Upon completion of the environmental review process, the developer would request consideration
of the development application (rezoning, PUD general plan, and preliminary plat) that would be
scheduled for a public hearing at the Planning Commission, with subsequent City Council action.
As required by the zoning ordinance, the City would publish notification of the public hearing in
the newspaper, and would mail notice of the public hearing to all property owners within 750 feet
of the property. The City would also place development signs on the property to notify passersby.
Upon approval of the rezoning, PUD general plan, and preliminary plat but prior to issuance of
any building permits, the applicant would be required to submit a PUD final plan application for
review and approval by city staff, and a final plat application for review and approval by the City
Council. The final plat review would include preparation of a site improvement performance
agreement to address public and private improvements.
In addition to the City’s permitting process, the developer would be required to obtain permits
from Hennepin County and several state agencies, as well as approval from the Bassett Creek
Watershed Management Commission.
Page 7
RECOMMENDATION:
Community Development Department staff recommends that the Planning Commission review
the Environmental Assessment Worksheet (EAW) and make recommendations to the City Council
regarding potential environmental impacts that may warrant further investigation. In addition, the
Planning Commission may wish to comment on the need for an Environmental Impact Statement
(EIS) on the proposed project.
The Planning Commission may also recommend conditions of approval to mitigate or lessen any
environmental impacts identified during the review of this project. The conditions of approval
would apply to future development approvals associated with the proposed project.
ATTACHMENTS:
1. Location Map
2. Aerial Photo
3. EAW for Four Seasons Mall Redevelopment Project
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SITE
CO. RD. 9
HWY. 169LANCASTERLNP IL G R IM L NNATHAN
LNC
CO
CO
LA-4
LA-1
LA-1
C COCCOC
LA-1
LA-1
LA-4
LA-4
LA-1
Location Map - 2016086
City of Plymouth
Four Seasons Mall Redevelopment
Environmental Assessement Worksheet K
600 0 600 1,200 1,800300
Feet
City of
Plymouth, Minnesota
Page 9
SITE
CO . R D . 9
HWY. 169LANCASTERLNP IL G R IM L NNATHAN
LNAerial Photograph - 2016086 K
440 0 440 880 1,320220
Feet
City of
Plymouth, Minnesota
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RECORD OF DECISION
EAW – FOUR SEASONS MALL REDEVELOPMENT PROJECT
January 3, 2017
1. Background
The City of Plymouth is the responsible governmental unit for the Environmental Assessment
Worksheet (EAW) for the Four Seasons Mall Redevelopment Project. Rock Hill Management,
LLC is proposing a development to be called Agora on the roughly 17-acre former shopping mall
site located south of County Road 9 and west of State Highway 169. An EAW was prepared for
the proposed redevelopment project in accordance with the Environmental Review Program of the
Minnesota Environmental Quality Board (EQB).
The City of Plymouth filed the EAW with the Minnesota EQB and circulated it to the required
distribution list. A “Notice of Availability” was published in the EQB Monitor on November 14,
2016. The City also issued a news release to the Plymouth Sun Sailor and Lakeshore Weekly News
(local newspapers), Channel 12 (local television studio), and the Star Tribune. The notice and
news release provided a brief description of the project, information on where copies of the EAW
are available for review, and invited the public to provide comments that would be used in
determining the need for an Environmental Impact Statement (EIS) for the proposed project. The
EAW was made available for public review on the City of Plymouth website, at the City of
Plymouth Community Development office, and at three libraries: Plymouth Branch of Hennepin
County Libraries, the Minneapolis Public Library, and the Environmental Conservation Library.
On December 7, 2016, the Plymouth Planning Commission held a public meeting to review the
EAW document, as well as to provide an opportunity for the public to submit comments on the
project. Notice of this meeting was mailed to all property owners within 750 feet of the project
site.
The 30-day comment period ended on December 14, 2016. All comments received were
considered in determining the potential for significant environmental effects. Written comments
received are included in Appendix A to this Record of Decision. Responses to the written
comments received, as well as to the oral comments submitted at the Planning Commission
meeting, are included in Appendix B to this Record of Decision.
On January 3, 2017, the Plymouth City Council adopted a resolution which includes a Negative
Declaration regarding the proposed Fours Seasons Mall Redevelopment Project by Rock Hill
Management, LLC. The City Council concluded in the Negative Declaration that the proposed
project would not require the preparation of an EIS.
Page 61
2. Project Description
The proposed development includes two hotels, a 139-unit senior housing building, retail and
office uses, and a 339-space parking ramp.
The project phasing would include demolition, site preparation, infrastructure installation, and
building construction. The project would commence in spring 2017, and is estimated to take
roughly one-two years, with full build-out and project completion in 2018.
Prior to commencement of the project, the developer would be required to obtain approval of all
required permits related to site grading, stormwater runoff management, and erosion control.
3. Findings of Fact
The following are findings of the EAW relating to potential environmental impacts as of result of
the proposed project:
Physical Impacts on Water Resources
The project site contains one wetland and one Minnesota DNR Public Waters Watercourse that
flows through a portion of the wetland. The developer proposes to use a portion of the wetland
for storm water retention and water-quality ponding. Any wetland impact would require DNR
approval and would be mitigated based on requirements outlined in the permit.
The developer would incorporate measures to reduce the impacts on water-related resources on or
near the site, including water-quality ponds and filtration basins that would collect, retain, and treat
stormwater runoff. These measures would reduce potential impacts to water resources. The
developer would be required to demonstrate how the proposed project would comply with the
City’s adopted water quality goals.
Erosion and Sedimentation
Erosion and sedimentation rates during construction are typically greater than during the built
conditions. Exposed soil is susceptible to erosion and unpredictable storm events. To reduce
potential for erosion and sedimentation, the developer proposes to utilize Best Management
Practices (BMPs) including use of temporary erosion control measures, including but not limited
to, silt fence, rock construction entrances, and riprap. Periodic cleaning of streets near construction
site entrance areas would be performed. The developer would be required to comply with the
City’s erosion/sedimentation standards. The erosion and sediment control plan would require
review and approval by the Minnesota Pollution Control Agency and City of Plymouth.
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Traffic
A traffic study was conducted to determine the impacts resulting from traffic associated with the
proposed development. The traffic study included an operational analysis which examined the
existing intersections that would be most affected by the project. With the recommended traffic
improvements outlined in the traffic study, all nearby intersections are expected to function at an
acceptable level of service.
4. Agency Comments and Responses
Written comments were received from Hennepin County and from five agencies on the EAW
distribution list. Copies of the comment letters are attached (see Appendix A). The comments did
not identify any environmental impacts or issues that would have irreversible environmental
effects or potential impacts that would warrant further investigation before the project commences.
5. Decision on Need for Environmental Impact Statement
An Environmental Impact Statement is not considered necessary for this project based on the
following criteria:
a. Type, extent and reversibility of impacts
The EAW and the Findings of Fact (Section 3 above) summarize the type and extent of
environmental impacts that are anticipated as a result of the proposed project. The
proposed development is consistent with the City of Plymouth Comprehensive Plan. The
City’s development review process would ensure that the project is built in compliance
with City Code requirements.
b. Cumulative potential effects of related or anticipated future projects
The cumulative potential effect of related or anticipated future development has been
considered.
c. Extent to which the environmental effects are subject to mitigation be ongoing
regulatory authority
The mitigation of environmental effects would be designed and implemented in
coordination with regulatory agencies and would be subject to plan approval and permitting
processes. The developer would need to obtain the permits as outlined in the EAW.
Page 63
d. Extent to which environmental effects can be anticipated and controlled as a result of
other environmental studies
The proposed project is similar to other developments completed throughout Hennepin
County and the Twin Cities metropolitan area. Although each site is unique, the anticipated
environmental effects are common for this type of project. They are considered relatively
predictable and do not pose significant concerns in terms of regulating long-tern effects of
the project.
6. Conclusion
Based on the findings contained herein, the City of Plymouth has determined that the
environmental review requirements have been met by the Environmental Assessment Worksheet
prepared for this project and that the potential environmental effects are not considered significant.
Therefore, an Environmental Impact Statement is not needed for the proposed Four Seasons Mall
Redevelopment Project.
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The 30-day comment period for the above-referenced Environmental Assessment Worksheet (EAW)
ended on December 14, 2016. The City received written comments from Hennepin County, Michael
Madson, Brian Magnuson, the Metropolitan Council, Minnesota Historical Society, Department of
Natural Resources, Pollution Control Agency, and the Department of Transportation. Pursuant to the
City’s requirements, responses to comments made at the Planning Commission meeting and by the City
Council are also included in this memorandum.
Comments from Hennepin County
Comment 1: All vehicular access will continue to be directed onto Lancaster Lane; no direct access to
County Road 9 will be granted.
Response: No vehicular access to County Road 9 is contemplated or proposed, nor would it be
allowed.
Comment 2: The proposed sidewalk on the north side of the development appears to encroach on the
County Road 9 right-of-way and needs to be contained on private, not public property. The developer is
encouraged to dedicate to the City Outlot A, the sidewalk on the south side of Outlot A, and Lots 1 and 2
to contain them within the public realm.
Response: The developer has since revised the site plan to eliminate the encroachment and will
dedicate Outlot A to the City as it contains a city well house. As a condition of project approval,
the City will require trails and sidewalks throughout the project area.
Comment 3: The traffic study is incomplete and in order to gain a more complete understanding of
potential impacts should also address: 1) 20-year forecasted conditions under the build and no build
scenarios; 2) analysis of the coordination/interaction between the County Road 9/Lancaster
Lane/Nathan Lane signal and Nathan Lane/Frontage Road signal; and 3) microsimulation analysis
between the two closely placed signals.
Response: The traffic study has since been revised to add these elements. The updated study
has been distributed to Hennepin County and is available on request.
Memorandum
To:
James Grube, Hennepin County
Michael Madson, Plymouth resident
Brian Magnuson, Plymouth resident
LisaBeth Barajas, Metropolitan Council
Sarah Beimers, Minnesota Historical Society
Rebecca Horton, Department of Natural Resources
Karen Kromar, Pollution Control Agency
Michael Corbett, Department of Transportation
From: Barbara Thomson, Planning Manager
Date: December 20, 2016
Item: Environmental Assessment Worksheet – Responses to Comments
Four Seasons Mall Redevelopment Project
Page 81
Comment 4: Further geometric revisions will need to be made to the extension of the westbound left-
turn lane at County Road 9 due to the necessary median narrowing. Drainage needs to be maintained as
well.
Response: As part of project approval, the City will require the developer to make these
revisions.
Comment 5: Given that the development will be a popular destination, the county, city and developer
shall work together to enhance bicycle and pedestrian connections between the internal sidewalk
system and future county trail.
Response: The City values these connections as well and will require internal and external
pedestrian systems as part of project approval.
Comment 6: Ditches along County Road 9 and the Highway 169 ramp need to be maintained.
Response: The City concurs.
Comment 7: The developer will need permits from the County for any work done in the county right-of-
way.
Response: As part of project approval, the City will require the developer to obtain all required
permits from county and state agencies.
Comment from Michael Madson
Comment 1: Although there are pedestrian facilities on the 36th Avenue bridge over Highway 169, it
would be helpful for walkers and bikers if there was a pedestrian/bike bridge that would span Highway
169 just south of the Four Seasons site between County Road 9 and 36th Avenue.
Response: As noted, there are facilities for pedestrians on the 36th Avenue bridge. Hennepin
County is looking at improvements to the County Road 9 bridge over Highway 169 that do not
include pedestrian facilities at this time. Given both financial considerations and site limitations
(existing noise wall), constructing an additional pedestrian bridge over Highway 169 south of the
Four Seasons site and north of 36th Avenue would not appear feasible.
Comment from Brian Magnuson
Comment 1: The EAW did not include any estimates of traffic on Pilgrim Lane. The neighborhood will
be impacted with product deliveries and vehicles shortcutting to the mall via Pilgrim Lane. Without stop
signs on Pilgrim Lane, drivers think they can go as fast as they want. The police cited various speeders
this past summer. At least one stop sign should be replaced by Pilgrim Lane Elementary School.
Response: Stop signs are generally installed to assign right-of-way. When Pilgrim Lane
Elementary School reopens, the City will evaluate whether an all way stop on Pilgrim Lane would
meet the criteria determined by the State.
Page 82
Comments from the Metropolitan Council
Comment 1: Table 4 on pages 7 and 8 does not include MCES’s required involvement in the PCA’s
sanitary sewer construction permit process. MCES staff will need to review, comment, and recommend
issuance of the PCA permit before connection can be made to the City’s wastewater disposal system.
Response: The City recognizes this oversight in the EAW. However, one of the City’s standard
conditions of development approval is the requirement that the project developer obtain all
necessary reviews and permits. Approval of the Four Seasons Mall redevelopment project will
be no exception.
Comment 2: The EAW states that the City’s Comprehensive Plan guides the subject site as Commercial
and discusses the site as one that could undergo a land use change, and that it is a good candidate for
mixed use. Consequently, the proposed development would require a comprehensive plan amendment
that must be submitted to the Metropolitan Council for review.
Response: The proposed development, with a PUD zoning, could be located on a property
guided Commercial or Mixed Use. The City recognizes that the Comprehensive Plan states that
“this site is a good candidate for mixed use when it redevelops.” However, it does not state that
it would be re-guided to Mixed Use. Mixed use is a term that connotes more than one type of
use but does not necessarily translate into the need for a Mixed Use guiding. The City’s plan
(Appendix 3C, Section J, Guidelines and Criteria) also states that for commercially-guided
properties there are a number of appropriate commercial zoning districts, plus “other zoning
districts as may be appropriate.” PUD is clearly another appropriate district in this instance; and
a mix of use is allowed in a PUD with a Commercial guiding classification.
Comment 3: The EAW proposes significant impacts to the portion of the large wetland complex that
extends onto the project site, without inclusion of a delineation of the entire wetland to be impacted,
provision of a complete description of the stormwater basin design proposed to be excavated within the
wetland or a discussion of potential impacts of the proposed excavation on the stream channel that
meanders through the wetland. Consequently, the level of detail provided in the EAW is inadequate to
determine the potential environmental impacts that construction of the proposed stormwater storage
facilities would have on the wetland complex, the North Branch of Bassett Creek and Northwood Lake in
New Hope.
Response: As part of the project, the developer may not restore the wetland, but will provide
mitigation as necessary, and the approval process will include all the necessary agencies and
permits. The overall intent of the wetland changes and stormwater improvements is to not only
provide for the necessary stormwater protection for the project site, but to improve the overall
water quality in the area (off-site).
Comment 4: The EAW is silent on whether any impacts to the current Bassett Creek North Branch
channel are planned. Northwood Lake is currently listed on the MPCA’s 303(d) impaired waters list for
both excessive nutrients (phosphorus) and excessive chloride. Construction of a “20-foot deep
stormwater storage” basin in the wetland complex as vaguely proposed in the EAW would likely result in
long-term net water quality degradation in stormwater runoff quality entering Northwood Lake, as
Page 83
opposed to a desired improvement in runoff water quality. Consequently, the proposed stormwater
management component needs to undergo a redesign.
Response: The portion of the “North Branch of Bassett Creek” impacted from the stormwater
basin will be reconstructed within the property limits of the project site. The stormwater pond
will allow some low flow events to provide treatment through the improvements with the
development. Additionally, the floodplain of the creek will be reviewed to ensure flood storage
is provided at or above the volume that currently exists.
The stormwater basin at the southeast portion of the project is currently designed with a 4.5-
foot deep pool of permanent water and 5.5-foot depth for water bounce/storage during rain
events. The total depth of water could potentially be 10 feet deep and would be for a short
period of time. This will not be a lake or a degradation to the ecology of the region as it meets
Minnesota Stormwater Manual guidelines.
Comment 5: The EAW does not present any justification that would support why impact to the wetland
complex cannot be avoided by site redevelopment.
Response: When the project moves forward, the developer will be required to appropriately
address sequencing in the wetland mitigation plan.
Comment 6: The project proposes to include deepening by approximately 20 feet, existing wetlands for
compensatory storage on the southern and eastern sides of the project site. There is no indication in
the EAW regarding what the proposed site impact this compensatory storage would mitigate. Any
excavation deeper than 2 meters or roughly 6.6 feet will result in the basin no longer meeting the
definition of or providing the requisite functions and values of a wetland, but rather will be
characterized as a lake. Additionally, pools deeper than 8 to 10 feet will likely thermally stratify in
Minnesota’s climate. Stratification can be expected to result in the periodic release of phosphorus from
bottom sediment that become anoxic as opposed to the desired function of a water quality basin of
capturing and retaining phosphorus in the bottom sediments to improve downstream water quality and
habitat. The MPCA Minnesota Stormwater Manual recommends that stormwater treatment basins be
constructed no deeper than 8 feet. Provision of compensatory storage at the expense of both a loss of
site wetland area and failure to provide nutrient-reducing stormwater runoff treatment is not
recommended.
Response: Refer to the response to Comment 4 above.
Comment 7: Traffic analysis zone (TAZ) forecasts are not discussed in the document, but this would be
helpful information. Forecasted households and population should be added to TAZ #1057, which
includes the mall site. The City can make balancing adjustments elsewhere in the city and update the
TAZ table through correspondence with the Metropolitan Council. The expected development fits
within the community total forecast prepared by the Metropolitan Council; no change is needed to the
community total forecast.
Response: The City of Plymouth is currently updating its comprehensive plan. Review and
update of the City’s TAZ forecasts will be a part of this effort and will reflect any and all changes
in development in the city.
Page 84
Comment from Minnesota Historical Society
Comment 1: There are no properties listed in the National or State Registers of Historic Places, and no
known or suspected archaeological properties in the area that will be affected by this project.
Response: No response is needed.
Comment from Department of Natural Resources
Comment 1: The project proposes to excavate within an existing NWI (National Wetland Inventory)
wetland to construct a stormwater pond. Alternative stormwater management locations and
techniques need to be considered for this project.
Response: Refer to the response for Comment 4 to the Metropolitan Council.
Comments from Pollution Control Agency
Comment 1: If in-water work is required during the course of this one to two-year project, in-water best
management practices such as silt curtain, work during low flow periods, and cofferdams must be
included in the final plans to reduce or eliminate possible total suspended solids from being conveyed to
Northwood Lake.
Response: If the project moves forward, the City will require the developer to follow best
management practices in order to properly and appropriately protect on- and off-site water
resources. The City will also require the developer to obtain all necessary permits.
Comment 2: The EAW indicates that a drycleaner is/was located on or adjacent to the project site, and
it appears a Phase II Environmental Site Assessment that includes soil and groundwater sampling was
not conducted. Therefore, it is not known if the soil and groundwater at the property are contaminated
due to past uses. State law requires that persons properly manage contaminated soil and water they
uncover or disturb – even if they are not the party responsible for the contamination. Developers
considering construction on or near contaminated properties should begin working early in the planning
process with the MPCA’s Petroleum Brownfields and/or Voluntary Investigation and Cleanup (VIC)
Program to receive necessary technical assistance in managing contamination.
Response: The City is in communication with the developer and will encourage them to begin
working with the appropriate staff at the MPCA to address any contamination issues.
Comment 3: The MPCA advocates for the use of Low Impact Design (LID) practices to aid in the
minimization of stormwater impacts.
Response: The site will incorporate some LID practices, specifically ditches, vegetated filter
strips along pavement edges, porous pavement, bio-infiltration (rain garden) features, and
narrower streets than City of Plymouth’s standards (24 feet in lieu of 26 feet).
Page 85
Comments from Department of Transportation
Comment 1: The silt fence location is on MnDOT property along the entire length of the Highway 169
property line. Construction limits must be kept within the private property. Light duty pavement must
also be kept off MnDOT right-of-way. Many contour lines meet and some cross into MnDOT property.
All grading must remain on private property.
Response: The City will require all construction activity to occur entirely on the project site.
Comment 2: The proposed pond is fairly deep and close to the MnDOT right-of-way. As this presents a
hazard, the pond should be moved to another location.
Response: The developer has adjusted the location of the pond and added a berm on the
highway side. However, if the project moves forward, the City will work with MnDOT and the
developer to ensure that the final plan does not result in any hazards to MnDOT right-of-way.
Comment 3: Any modification to the proposed drainage system will require review from MnDOT’s
Water Resources Engineering Section.
Response: As the proposed project is adjacent to MnDOT right-of-way, the City will require the
developer to submit their plans to MnDOT for review.
Comment 4: In addition to the drainage permit, any use of or work within or affecting MnDOT right-of-
way requires a permit.
Response: As the proposed project is adjacent to MnDOT right-of-way, the City will require the
developer to submit their plans to MnDOT for review.
Comments Received at Plymouth Planning Commission Meeting
Comment 1 (Jody Shands, Plymouth resident): In the new development, what changes from existing
conditions will occur with respect to permeable surface and additional sound and light pollution.
Response: With the proposed project, the permeable surface area is expected to increase 1.6
acres in area. The City will require the developer to: 1) be in conformance with the City’s noise
ordinance both during and following construction; and 2) meet the City’s lighting regulations in
the LZ-2 lighting zone.
Comment 2 (Planning Commission): As the developer is working with agencies to develop solutions or
alternatives for water distribution in the area, the EAW cannot be considered complete.
Response: The developer will be required to obtain all required permits from all necessary
agencies for either the project as proposed or in the event a wider water distribution alternative
is developed. In the latter instance, such an alternative would be a benefit to all properties in
the area.
Page 86
Comment 3 (Planning Commission): The EAW discusses disturbance to the wetland in the south portion
of the site, but does indicate where mitigation would occur.
Response: The applicant would purchase wetland credits if required, which would be used to
create wetlands elsewhere.
Comment 4 (Planning Commission): The EAW references the use of the existing foundation.
Response: The developer would be building upon some of the existing foundation because of
the poor soil conditions on the site. Again, based on poor soil conditions, the developer would
also need to place a number of pilings for many other buildings, utilities and surface structures
on the site.
Comment 5 (Planning Commission): Based on the fact that the soils on the site are sponge-like, pilings
will be needed and therefore, the impact of noise and vibration needs to be addressed in the EAW.
Response: The EAW addresses this issue in Question 17 on page 27 of the EAW.
Comment 6 (Planning Commission): The former retail building on the site could not have generated the
same amount of water as this much larger project, which in turn raises a question about the capacity of
the existing lift station serving the area and any alternatives to a lift station.
Response: The Lancaster lift station, originally constructed in the 1960s to serve a smaller
development, has been twice upgraded. It has a design capacity of 8.6 MGD (million gallons per
day), which is more than sufficient to handle effluent generated by the redevelopment of the
Four Seasons Mall site.
Comment from Plymouth City Council
Comment 1: The EAW should add a figure similar to Figure 4 (Existing Land Cover), but based on the
proposed site plan and which includes a separate designation/color on the map and legend for the
proposed permeable pavement areas, as well as proposed acreage (or square footage) calculations for
the various cover types, including the permeable pavement.
Response: The requested figure is attached showing the proposed impervious and pervious
cover types and areas, as follows:
Light Duty Bituminous Pavement – 72,990 SF
Heavy Duty Bituminous Pavement – 170,730 SF
Concrete Sidewalk/Pattern A – 29,600 SF
Concrete Sidewalk/Pattern B – 9,430 SF
Metal Grating/Bridge – 820 SF
Concrete Pavement/Heavy Duty – 26,820 SF
Permeable Concrete Pavers with Underdrain – 7,610 SF
Concrete Pavers – 4,350 SF
Landscape Green Space – 197,680 SF
Open Stormwater BMPs – 24,690 SF
Building Area – 197,980 SF
Page 87
LANCASTER LANE
HENNEPIN COUNTY STATE AID
HIGHWAY NO. 18. PLAT 32
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CIVIL SITE LEGEND:
GENERAL GEOMETRIC AND PAVING NOTES:
SIGNAGE AND MARKING NOTES:
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OVERALL CIVIL
SITE PLAN
I hereby certify that this plan, specification, or
report was prepared by me or under my direct
supervision and that I am a duly licensed professional
engineer under the laws of the State of Minnesota
Signature
Typed or Printed Name
License # Date
PROJECT NUMBER
DRAWN BY CHECKED BY
ORIGINAL ISSUE:
REVISIONS
KEY PLANNOT F
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Steven E. Gebauer, PE
47514 10/20/16
160301
SEG JH/RAT
8/15/2016
"AGORA"
"AGORA"
PLYMOUTH MN
PUD RE-SUBMISSION-3
12/08/2016
No.Description Date
A PUD SUBMISSION 8/15/2016
B PUD RE-SUBMISSION 9/13/2016
C PUD RE-SUBMISSION-2 10/20/2016
D BCWMC SUBMITTAL 11/28/2016
E PUD RE-SUBMISSION-3 12/08/2016
ROCK HILL MANAGEMENT
LANDSCAPE GREEN SPACE
7
OPEN WATER STORMWATER BMP
65
84
941
AREA COVERAGE = 72,990 SF
AREA COVERAGE = 170,730 SF
AREA COVERAGE = 29,600 SF
AREA COVERAGE = 9,430 SF
AREA COVERAGE = 820 SF
AREA COVERAGE = 26,820 SF
AREA COVERAGE = 7,610 SF 1%
AREA COVERAGE = 4,350 SF
AREA COVERAGE = 197,680 SF 26.6%
AREA COVERAGE = 24,690 SF
BUILDING AREA COVERAGE = 197,980 SF
TOTAL SITE = 17.05 ACRES / 742,700 SF
IMPERVIOUS = 72.4% / PERVIOUS = 27.6%
Page 88
CITY OF PLYMOUTH
RESOLUTION 2017-
RESOLUTION DECLARING FINDING OF “NO NEED” FOR AN ENVIRONMENTAL
IMPACT STATEMENT (EIS) BASED UPON REVIEW OF THE ENVIRONMENTAL
ASSESSMENT WORKSHEET (EAW) FOR THE FOUR SEASONS MALL
REDEVELOPMENT PROJECT (2016 086)
WHEREAS, the City Council has reviewed an Environmental Assessment Worksheet
(EAW) for the Four Seasons Mall Redevelopment Project for Rock Hill Management, LLC for a
mixed-used development to be called Agora; and,
WHEREAS, pursuant to Minnesota Environmental Review Program rules, the City of
Plymouth, acting as the responsible governmental unit, prepared and distributed the
Environmental Assessment Worksheet (EAW) on November 2, 2016; and,
WHEREAS, the EAW was published in the Environmental Quality Board (EQB) Monitor
on November 14, 2016; and
WHEREAS, the 30-day review period expired on December 14, 2016, and all comments
and recommendations received from reviewing agencies and other interested parties have
been considered; and,
WHEREAS, it has been determined that the proposed project does not present a
potential for environmental impacts of such significance that an Environmental Impact
Statement would be required.
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF
PLYMOUTH, MINNESOTA, that it should and hereby does make a Negative Declaration on the
need for an Environmental Impact Statement (EIS) for the Four Seasons Mall Redevelopment
Project to be called Agora by Rock Hill Management, LLC, based on the Record of Decision and
subject to the following conditions:
1. Compliance with the statements in the attached Record of Decision.
2. Wetland mitigation shall occur if required by the appropriate permitting agencies.
3. Strict adherence to the City’s Erosion Control Ordinance shall be met during construction
and until the site is re-vegetated.
4. The proposed development shall meet the National Urban Runoff Program (NURP) water
quality guidelines, as well as the MPCA’s Best Management Practices Manual and City of
Plymouth’s water quality requirements.
Page 89
5. The development of the site shall comply with the City’s landscaping requirements.
6. The developer shall be responsible for transportation improvements needed to ensure safe
and convenient traffic flow and access for the development, as identified in the traffic
study.
7. Connections to a possible future trail corridor along the north side of the property would be
addressed by the developer, City, and County as the project proceeds.
ADOPTED by the City Council this 3rd day of January, 2017.
STATE OF MINNESOTA)
COUNTY OF HENNEPIN) SS.
The undersigned, being the duly qualified and appointed City Clerk of the City of Plymouth,
Minnesota, certifies that I compared the foregoing resolution adopted at a meeting of the
Plymouth City Council on January 3, 2017, with the original thereof on file in my office, and the
same is a correct transcription thereof.
WITNESS my hand officially as such City Clerk and the Corporate seal of the City this ________
day of ____________________________.
________________________________
City Clerk
Page 90
1
At the December 10, 2016, City Council/EDA joint meeting, staff was directed to investigate the
potential for some of the units in the proposed Agora senior living facility to be made affordable. Staff
met with Mr. Patel, the developer of the proposed Agora project, and Michael Pagh, the
owner/operator of the proposed senior facility on the Agora site.
Resources Available
Currently the City Council, EDA and HRA have a number of funding sources available to assist the
development of affordable housing, be it senior or general population affordable housing.
TIF District 7-6 (Berkshire). This district allows for up 25% of the increment received to be
pooled and used for affordable housing. The Plan limits the total amount for housing purposes
to $525,000. The account currently has about $500,000 available for affordable housing
TIF District 1-1 (Shops at Plymouth Creek). This district allows for up to 25% of the increment
received to be pooled for affordable housing. The Plan limits the total amount for housing
purposes to $625,000. The account currently has about $200,000 available for affordable
housing. It should be noted that the pooled housing funds in this district have been pledged to
assist Vicksburg Crossing if needed, but that could be changed.
TIHAP (Tax Increment Housing Assistance Program). This fund has older pooled TIF dollars that
are specifically for affordable housing. The account has approximately $70,000 for affordable
housing purposes and, other than interest earnings, has had no recent activity.
HRA Reserves. The HRA general reserves have over $1.5 million available for affordable
housing. Although, to date we have not needed general reserve funds for the senior buildings,
the reserves serve as a funding source for large maintenance projects at the senior buildings.
This fund is also a backup source of funding for the housing rehabilitation program. Even after
pledging a portion of reserve funds for these two purposes, there remains significant funds that
could be used towards affordable housing.
TIF District 7-9 (Agora). The City Council/EDA could stipulate that 10% of the increment
generated by the Agora development be allocated for affordable housing. This would most
likely result in the need to extend the length of the district to 26 years. The funds generated
Memorandum
5.02
To: Dave Callister, City Manager
From: Steve Juetten, Community Development Director and Jim Barnes,
HRA Manager
Date: December 28, 2016
Item: Agora Senior Housing and Affordable Housing Options
Page 1
2
from this project could be used at the site or at another project in the redevelopment district
(generally, anywhere in the City).
HRA Levy. The HRA levy for 2017 is set at $571,379. The City Council has the ability at any time
to increase the levy and allocate funds for affordable housing. The maximum HRA levy is set by
law at .0185% of a cities market value. In 2017, the maximum HRA levy could have been
$1,857,000 which means that the Council has the capacity to increase the HRA levy by
$1,285,621.
If the City desires to further discuss its role in affordable housing development, either for senior or
general occupancy, staff can:
1. Continue to discuss possibilities with Mr. Pagh for the Agora site.
Based on the high, site specific development cost, early indications are preliminary one
bedroom rents for the independent units will range from $1,550 to $1,700 and preliminary two
bedroom rents for independent units will range from $2,250 to $2,500. To make any of these
units affordable, the estimated subsidy would need to be between $750 and $1,000 per month
per unit ($9,000 to $12,000 annually per unit).
2. Investigate new partnerships with private development. Recently, the City subsidized two
developments creating affordable options for seniors. The City provided $600,000 in assistance
for the creation of 67 affordable units (the entire building is affordable at some level) at
Westview Estates (Vicksburg Lane and County Road 47). In addition, the City provided
approximately $2.5 million in tax increment assistance to cover redevelopment costs (poor soils,
removal of blighted buildings, etc.) for the development of the Axis, a 157 unit apartment with
16 affordable units (Highway 55 and Highway 169).
3. Identify a third site for a new City/HRA owned senior building.
Another option is investigate sites for the possible construction of a third senior apartment
building. Both senior buildings currently owned by the City/HRA have some affordability.
Plymouth Town Square has 99 affordable units (the entire building) and Vicksburg Crossing has
34 affordable units (one third of the building).
After analyzing the options above, staff does not recommend any public subsidy at the Agora site. At a
high level, the site economics would require an over investment of available funds – particularly when
the resources could be better leveraged to provide more units on another project.
If the City Council desires to establish more affordable housing options, staff recommends the Council
first establish its priorities – either for senior or general affordability units. Once identified, staff would
then investigate the best mechanism to meet those targets – through partnership with a private
developer or through an additional publically owned building.
Attachment
Great Lakes Management Company 12/20/16 letter
Page 2
Page 3
Page 4
JOINT
COUNCIL/EDA
MEETING
January 3, 2017
Agenda
Number: 5.03
To: Dave Callister, City Manager
Prepared by: Danette Parr, Economic Development Manager
Item: Lodging Tax Discussion
1. ACTION REQUESTED:
Discuss the topic of a lodging tax and how it could be utilized to provide for a dependable stream of
revenue for marketing and promotion, economic development, and public recreational facilities.
2. BACKGROUND:
State Statute 469.190 (attached) allows cities to impose a lodging tax of up to three percent with 95
percent of the proceeds to be used to fund a local convention or tourism bureau for the purpose of
marketing and promoting the city as a tourist or convention center. Currently, 110 Minnesota cities
utilize a lodging tax (list attached), with 26 of them located in the metro (map attached). The majority
of the 110 communities utilize a three percent lodging tax, with the exception of the following:
Bloomington collects 7%
Rochester collects 7%
St. Paul collects 6%
Minneapolis collects 5.6%
Duluth collects 5.5%
St. Cloud collects 5%
The City of Plymouth has venues that draw people from outside our community and benefit our local
hotels, restaurants, and supporting businesses. However, these venues are not traditional “tourist”
venues and for that reason, the current statutory language may limit its benefit to the City of Plymouth.
Some cities have opted for special legislation (examples attached) to allow for greater flexibility and use
of the available funds. The City of Plymouth could benefit from special legislation with a focus on three
areas:
Marketing and promoting the city (i.e.: promoting PIC to hockey tournaments, etc);
Economic development efforts (i.e.: Music In Plymouth donation, sponsorships); and
Public recreational facilities (i.e.: Improvements at Plymouth Ice Center).
The above three areas would have a direct nexus with out of town visitors staying at Plymouth’s seven
hotels. Nonetheless, it’s unclear how local hotels would view the tax. In 2010 the idea was briefly
discussed (minutes attached), but not acted on by the City Council.
As the Council is likely aware, our public recreational facilities play a significant role in attracting out of
town patrons, which support our hotels, restaurants, and other businesses. If special legislation was
created, the lodging tax could assist these facilities, some of which include the following:
Page 1
Plymouth Creek Center – provides space for corporate and private meetings, conferences,
events, and weddings
Plymouth Fieldhouse – provides space for athletic tournaments and special events
Millennium Garden – outdoor garden venue for corporate and private events
Plymouth Ice Center – draws 500,000 people annually, serves as venue for many large
tournaments, scouting events and games
Hilde Performance Center – outdoor venue with amphitheater which hosts many large scale
events and concerts including Music in Plymouth
Northwest Greenway –outdoor recreation corridor which will provide space for large scale
events including walking/running races
Athletic Fields – outdoor venues that provide space for baseball, softball, soccer, and lacrosse
games and tournaments
3. BUDGET IMPACT:
Generally speaking, the estimated budget impacts fall in two areas:
1. Since it’s based on occupancy at any given time within the 986 hotel rooms in Plymouth, the
lodging tax revenue stream will somewhat vary. It’s noteworthy that there is a likelihood that
three additional hotels will be constructed in Plymouth in the next year, which would add
additional revenue.
2. The lodging tax could allow for certain city functions to be funded by this new revenue stream
and no longer require these expenses to be funded by the general fund budget.
If the Council wishes to proceed with further consideration of a lodging tax, staff will reach out to our
local hotels to seek their feedback.
4. ATTACHMENTS:
State Statue 469.190
Map of MN lodging tax communities
List of MN lodging tax communities
Examples of special legislative language from other communities
January 12, 2010 minutes
Page 2
469.190 LOCAL LODGING TAX.
Subdivision 1. Authorization. Notwithstanding section 477A.016 or any other law, a statutory or home
rule charter city may by ordinance, and a town may by the affirmative vote of the electors at the annual
town meeting, or at a special town meeting, impose a tax of up to three percent on the gross receipts
from the furnishing for consideration of lodging at a hotel, motel, rooming house, tourist court, or
resort, other than the renting or leasing of it for a continuous period of 30 days or more. A statutory or
home rule charter city may by ordinance impose the tax authorized under this subdivision on the
camping site receipts of a municipal campground.
Subd. 2. Existing taxes. No statutory or home rule charter city or town may impose a tax under this
section upon transient lodging that, when combined with any tax authorized by special law or enacted
prior to 1972, exceeds a rate of three percent.
Subd. 3. Disposition of proceeds. Ninety-five percent of the gross proceeds from any tax imposed under
subdivision 1 shall be used by the statutory or home rule charter city or town to fund a local convention
or tourism bureau for the purpose of marketing and promoting the city or town as a tourist or
convention center. This subdivision shall not apply to any statutory or home rule charter city or town
that has a lodging tax authorized by special law or enacted prior to 1972 at the time of enactment of this
section.
Subd. 4. Unorganized territories. A county board acting as a town board with respect to an unorganized
territory may impose a lodging tax within the unorganized territory according to this section if it
determines by resolution that imposition of the tax is in the public interest.
Subd. 5. Reverse referendum. If the county board passes a resolution under subdivision 4 to impose the
tax, the resolution must be published for two successive weeks in a newspaper of general circulation
within the unorganized territory, together with a notice fixing a date for a public hearing on the
proposed tax. The hearing must be held not less than two weeks nor more than four weeks after the
first publication of the notice. After the public hearing, the county board may determine to take no
further action, or may adopt a resolution authorizing the tax as originally proposed or approving a lesser
rate of tax. The resolution must be published in a newspaper of general circulation within the
unorganized territory. The voters of the unorganized territory may request a referendum on the
proposed tax by filing a petition with the county auditor within 30 days after the resolution is published.
The petition must be signed by voters who reside in the unorganized territory. The number of signatures
must equal at least five percent of the number of persons voting in the unorganized territory in the last
general election. If such a petition is timely filed, the resolution is not effective until it has been
submitted to the voters residing in the unorganized territory at a general or special election and a
majority of votes cast on the question of approving the resolution are in the affirmative. The
commissioner of revenue shall prepare a suggested form of question to be presented at the
referendum.
Subd. 6. Joint powers agreements. Any statutory or home rule charter city, town, or county when the
county board is acting as a town board with respect to an unorganized territory, may enter into a joint
exercise of powers agreement pursuant to section 471.59 for the purpose of imposing the tax and
disposing of its proceeds pursuant to this section.
Subd. 7. Collection. The statutory or home rule charter city may agree with the commissioner of revenue
Page 3
that a tax imposed pursuant to this section shall be collected by the commissioner together with the tax im
and other rules and that its proceeds, less the cost of collection, shall be remitted to the city.
Page 4
55
169
52
694
494
94
35E
35
35W
Plymouth
Anoka
Apple
Valley
Blaine
Bloomington
Brooklyn
Center
Brooklyn
Park
Burnsville
Coon
Rapids
Eagan
Edina
Fridley
Golden
Valley
Inver
Grove
Heights
Jackson
Lakeville
Maple
Grove
Minneapolis
Mounds
View
Richfield
Roseville
Saint
Louis
Park
Saint
Paul
Shakopee
Shoreview
December, 2016
Communities with
Local Option
Lodging Tax
Tax Rate
Less than 3%
3%
More than 3%
Municipal Legislative Commission Communities
Communities with Lodging Tax
Data provided by Explore Minnesota
THIS REPRESENTS A COMPILATION OF INFORMATION AND DATA FROM CITY, COUNTY, STATE AND OTHER SOURCES THAT HAS NOT BEEN FIELD VERIFIED. INFORMATION SHOULD BE FIELD VERIFIED AND COMPARED WITH ORIGINAL SOURCE DOCUMENTS.
Page 5
2016 Explore Minnesota Local Option Lodging Tax spreadsheet
2016 MN Local Option Lodging Tax Communities & Rates by
Region 2016 Lodging Tax Rate
Northeast Region -18 communities
Cloquet 3
Cook Cnty Event & Visitors Bureau new Dec. 2008 1
Crane Lk & Kabetogama 3
Duluth 6.5
Edge of the Wilderness Rsrts 3
Ely 3
Iron Range Communities/Eveleth/Giants Ridge 3
Grand Marais 3
Grand Rapids 3
Gunflint Trail 3
Hinckley 3
International Falls 3
Lk Vermilion Resort Assn 3
Lutsen-Tofte-Schroeder & vicinity 3
Orr
Proctor 1
Two Harbors 3
Northwest Region -11 communities
Baudette/ Lake Of The Woods 3
Bemidji 3
Crookston 3
Detroit Lakes 3
East Grand Forks 3
Minnesota Northwoods/Cass Lake vicinity 3
Moorhead 3
Park Rapids 3
Roseau 3
Thief River Falls 3
Warroad 3
Central Region -18 communities
Aitkin (enacted 6-1-2015) 3
Alexandria 3
Baxter 3
Brainerd 3
Fergus Falls 3
Hill City 3
Hutchinson 3
Ideal Twnshp/Whitefish Comms: Cross Lk, Peq Lks, Pine Rvr 1
Little Falls 3
Mille Lacs Area Tourism Council 3
Morris 3
Osakis 3
Ottertail 3
Perham 3
St. Cloud 5
Wadena 3
Waite Park 3
Willmar 3
NOTE: Information is provided voluntarily by local officials on a quarterly basis to Explore Minnesota Tourism. Information is continuously updated, and subject to revision. Information may not be
complete.
2010 Explore Minnesota Local Option Lodging Tax spreadsheet
2016 Minnesota Local Option Lodging Tax Communities by
Region 2016 Lodging Tax Rate
Metro Region -26 communities
Anoka 3
Apple Valley 3
Blaine 3
Bloomington 7
Brooklyn Center 6
Brooklyn Park 3
Burnsville 3
Coon Rapids 3
Eagan 3
Edina (enacted 7-1-2014) 3
Fridley 3
Ham Lake 3
Hastings 3
Inver Grove Hgts 2
Lakeville 3 Page 6
Maple Grove 3
Minneapolis 5.625
Moundsview 3
Richfield 3
Roseville 3
St. Louis Park 3
St. Paul 6
Shakopee 3
Shoreview 3
Stillwater/Oakdale 3
Waconia 3
Southern Region -39 communities
Albert Lea 3
Appleton 3
Austin 3
Benson 3
Blue Earth 3
Fairmont 3
Faribault 3
Granite Falls 3
Harmony 3
Historic Bluff Country-FillmoreCounty 3
Jackson 3
Lake Benton 3
Lake City 3
Lanesboro w/ Carolton & Holt 3
Luverne 3
Madelia 1.5
Mankato 3
Marshall 3
Montevideo 3
Morton 3
New Ulm 3
North Mankato 3
Northfield 3
Olivia 2
Ortonville 3
Owatonna 3
Pipestone 3
Preston 3
Red Wing 3
Redwood Falls 3
Rochester 7
Sleepy Eye 3
St.James 1
St. Peter 3
Wabasha 3
Waseca 3
Windom 3
Winona 4
Worthington 3
NOTE: Rates that vary from the standard 3% local option lodging tax rate are shown in red. Information is
provided voluntarily by local officials. Information is continuously updated, and subject for revision. Information
may not be complete.
Page 7
House Research Department
Local Lodging Taxes in Minnesota
Local Lodging Taxes Authorized under Special Law or City Charter
Taxing Jurisdiction/
Year First Authorized Rate Use of Revenues/Other Comments
Bloomington -1970 3.0% General fund and advertising and promotion of business and industry.
The allowed uses were expanded in the 2008 law.
2.0% Improvements around the former Metropolitan Stadium site, south of
the airport. The law allowed an additional tax rate ofup to 5.0% but
only 2.0% was imposed. The use was expanded in the 2008 law.
2.0% Bloomington Convention Bureau for tourism promotion. The original
law allowed a rate of only 1.0% and required revenues to be used for the
metropolitan sports area. The 1991 law changed the revenue dedication,
and the 2002 law increased the rate to 2.0%. The allowed uses were
expanded in the 2008 law.
1.0% (not Mall of America Phase II improvements. Applies only to lodging
imposed) facilities in an area made up of tax increment finance districts No. 1-C
and 1-G. The tax may be impose at any rate up to 1.0%. Not yet
imposed. The 2008 law also allows the city to use revenues from the
lodging taxes authorized in 1991 for this new purpose provided that (1)
the revenue derives from lodging facilities constructed after 2008 that
are located in tax increment finance districts No. 1-C and 1-G; and (2)
the revenues are not contractually pledged to another purpose.
Total imposed rate 7.0%
Duluth -1970 3.0% Maintenance of the Duluth Arena-Auditorium
1.0% Tourism promotions and subsidize operating costs for the Duluth
Arena-Auditorium and Spirit Mountain Recreation Area
1.5% Repay debt for the Duluth Entertaimnent and Convention Center
(DECC) and then for tourism and convention center promotion
Total imposed rate 5.5%
August2012
Page 5
Authorizing Legislation and
Later Amendments
Approved by ordinance under the
city charter in 1970
Laws 1986, ch. 391, § 4
Laws 1990, ch. 604, art. 6, § 9,
amended by Laws 1991, ch. 291,
art. 8, § 25, and Laws 2002 ch. 377,
art. 3, § 20
Laws 2008, ch. 366, art. 5, § 28
Approved by ordinance under the
city charter in 1970
Laws 1980, ch. 511, § 2
Laws 1998, ch. 389, art. 8, § 26
Page 8
Page 9
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Page 11
Adopted Minutes
Specia[ Council Meeting
January 12, 2010
Mayor Slavik called a Special Meeting of the Plymouth City Cot'u'icil to ordet at 5:42 p.m, in the
Medicine Lake Conference Room, 3400 Plymouth Boulevard, on January 12, 2010.
COUNCIL PRESENT: Ma70r SlaVik, COuncilmembetS JOhnSon, MurdOOk, 8tein, WilliS, BlaOk
(5:47 p.m,), arid Bildsoe (5:50 p,m,).
ABSENT: None,
STAFF PRESENT: City ManagerAhrens, Park Director Blank, Adstrative Servjces Director
Portner, Commumty Development Director Juetten, Housing Manager Baines, and City Clerk
Engdahl.
Discusston of Modifications to TIF Districts
Mark, from Ehlers, discussed with the Council the Tax Increment Financing (TIF) District
Management and ReviewAnalysis Report which was requested by the Council attheirNovember
24, 2009 Council meeting. Briefly, he stated that the City has seven outstanding districts with
threeofthosehousingdistrrctsandtheremainderredevelopmentdistricts. Thelengthofthe
districts is 26 yegs afterthefirstincrement is made,
Councilmember Johiison asked what thei future holds for cities regarding the leigislature arid TIF
dishicts, Mark stated that some cities are pushing to extend the terms of the TIF digtricts to
spawn zedevelopment. He noted the oppoitunities for affordable housing and mininfflzing the use
of general obligation bonds for TIF pro)ects,
Councilmember Willis asked why TIF District 7-6 is providing pooling fiinds to TIF District 7-5.
Mark replied that TIF Districts 7-6 and 101 are authonzed on an contingent basis to assist with
TIF for semor housing,
Councilmember Willis stated he's concerned about how TIF money flowing in the funds will be
spent, The Council should give that careful thought before approving the extenmons. He noted
the Council will need to think about the tax impact when the general operating levy is increased,
which will be under contintnng pressure. Itwould be harder for the Council to increase the levy
withthis issue, He also asked ifTIF District 7-6 could be paid off earlier which could reduce thei
levy by $100,000, Mark replied yes.
There being no further discussion, staff stated the proposed modifications of development
program for Development District 7 and TIF District 7-6 and redevelop.ment plan for
Adopted Minutes I of 2 Special Meetfng of January 12, 2010
Page 12
Redevelopment ProjectArea No. I and TIF District 1-1 would be on the January 26 Council
agenda.
Visit Minneapolis North
David Looby, Executive Director of Visit Mimieapolis North, discussedwith the Council the
possibuity of tlie City 3oimng Visit Minneapolis North, He explained that Visit Minneapolis
North derives its funding from a local option lodging tax of 3% that would be coIlected from
individual guests ofhotel/motel properties and administered by the local governments of the
member cities. In return, Visit Minneapolis North would tnarket the hotels/motels and the
Plymoutb ayea for conventtons, sporting events, trade shows, etc, Currently, the cities of Maple
(}rove, Brooklyn Center, and Brooklyn Park are their member cities,
Comcilmember Willis asked how many of the seven hotel facilities in Plyrnouth support this,
Mr. Looby rephed they have met with the hotels and motels, but they are unsure how many
support the tax.
There were a few representatives from the hotels/motels in Plymouth, but those representatives
were unsure ifthey supported the proposal, The Council thanked Mr, Looby for meeting with
them, and they requested that if any of the hotels/motels are supporhve ofthis progratn, to please
contact the City Manager or the Councilmembers,
Set Future Study Sessions
Mayor Slavik stated she would add this to the tegular agenda this evening.
Adjournment
Mayor Slavik adjourned the meeting at 7:03 p
Adopted Minutes 2 0f 2 Specfal Meetfng of January 11, 2010
Page 13