07-11-06 Regular
CITY OF RICHFIELD, MINNESOTA
TUESDAY, JULY 11,2006
REGULAR CITY COUNCil MEETING
COUNCil CHAMBERS
6700 PORTLAND AVENUE
6:30 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) Regular City Council Meeting of June 1-3, 2006; (2) Special City
Council Meeting of June 23,2006; and (3) Special City Council Worksession of June 27,
2006
PRESENTATIONS
1. Presentation by Minnesota Pollution Control Agency regarding air quality report
(Council Memo No. 113)
2. Presentation of rank insignias to recently promoted Richfield Fire Officers: Fire Captain
Dave Quebodeaux; Fire Captain Dana George and Fire Lieutenant Wayne Kewitsch
3. Annual meeting with Community Services Commission
COUNCil DISCUSSION
4. Council discussion
. Richfield Beautiful Home and Garden Tour prize winners
. Hats Off to Hometown Hits
Notes:
AGENDA APPROVAL
5. Council approval of agenda
CONSENT CALENDAR
6. 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
th 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 amending off-street parking permit at 1430
66th Street East S.R. No. 144
B. Consideration of approval of requesting Minnesota Department of Transportation to
properly maintain their rights of way throughout Richfield S.R No. 145
Notes:
7. Consideration of items, if any, removed from Consent Calendar
Notes:
PUBLIC HEARINGS
8. Public hearing regarding:
. Second reading of transitory ordinance authorizing design, construction and
construction management of perimeter pond on Richfield Lake
. Resolution authorizing summary publication of transitory ordinance
. Resolution authorizing City staff to incur costs for proposed Richfield Lake
improvements
Staff Report No. 146
Notes:
9. Public hearing regarding:
. Second reading of transitory ordinance authorizing planning, design and
construction of new maintenance facility
. Resolution authorizing summary publication of transitory ordinance
Staff Report No. 147
Notes:
RESOLUTION
10. Consideration of resolution authorizing City staff to incur costs for proposed
construction of new City maintenance facility
Staff Report No. 148
Notes:
PUBLIC HEARINGS
11. Public hearing regarding second reading of transitory ordinance authorizing and
providing for sale, transfer or other disposition and conveyance of certain City owned
real property located in City of Richfield; 66th StreetlTH 77 Interchange Project and
Cedar Point Project; and schedule public hearing and second reading of transitory
ordinance on July 25, 2006 authorizing sale of real property to Ryan Companies US,
Inc. in accordance with Option and First Right of Refusal Agreement
Staff Report No. 149
Notes:
12. Public hearing regarding resolution granting final approval of subdivision for Cedar
Point Commons project
Staff Report No. 150
Notes:
OTHER BUSINESS
13. Consideration of scheduling Special City Council meeting on August 30, 2006 and
August 31, 2006 to review and discuss 2007 Proposed/2006 Revised Budget and
preliminary tax levy prior to certification to Hennepin County
Staff Report No. 151
Notes:
CITY MANAGER'S REPORT
14. City Manager's report
Notes:
15. 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:
16. Adjournment
Auxiliary aids for individuals with disabilities are available upon requ st. Requests must b
made at least 96 hours in advance to the City Clerk at 612-861-9738.
AGENDA SECTION:
AGENDA ITEM #
REpORT #
CONSENT
6A
144
.......
STAFF REpORT
RICHFI ELl)
CITY COUNCIL MEETING
JULY 11, 2006
REpORT PREPARED By:
MELISSA POEHLMAN, ZONING
ADMINISTRATOR
NAME, TITLE
COUNCIL PRESENTER:
DEPARTMENT DIRECTOR
REVIEW:
REVIEWED BY CITY
MANAGER:
ITEM FOR COUNCIL CONSIDERATION:
Consideration of a resolution regarding an amended off-street parking permit at 1430 66th
Street East.
I. RECOMMENDED ACTION:
By Motion: Approve the attached resolution for an off-street parking
ermit at 1430 66th Street East.
I II. BACKGROUND I
. The applicant operates EI Jalapeno Market at the above-mentioned location.
. The original off-street parking permit for this location was approved in 1965.
. Since 1965, but prior to the operation of EI Jalapeno Market, the layout of this
parking lot was changed through the addition of a landscaped strip along the
north side of the parking lot.
. This landscaped area makes the 1965 off-street parking permit invalid because
the nine parking spots along the north side of the property are no longer viable.
. The applicant seeks to amend the 1965 off-street parking permit to reflect
current conditions.
071106 - asp 1430 66th St E
I III. BASIS OF RECOMMENDA nON I
I A. POLICY I
. City parking requirements call for 12 parking stalls.
o Three parallel parking stalls are allowed for employee
parking along the east side of the building. Public Works
has authorized the use of the paved boulevard area for
the entrance and exit of vehicles using these three stalls.
Vehicles parked in this area must enter and exit the
parking lot via the curb cut to the north on 15th Avenue.
Vehicles may not pull forward and around the front of the
building.
o Eight parking stalls are proposed along the west side of
the building.
o Staff believes that 11 parking stalls are sufficient for this
location.
. Subsection 526.29 of the Zoning Code requires that no more than 85
percent of a lot in the C-2 District be impervious. This requirement is
not met. Impervious surface covers 95 percent of the lot.
. City landscape requirements call for parking areas to be landscaped
using trees, shrubs, sod and groundcover plants. This requirement is
not met.
. The specific layout of this site would make it virtually impossible to
meet these requirements.
o In the landscaped area along the rear property line
weeds must be removed and a weed growth inhibitor
matting material along with mulch must be installed.
o The fence along the north side of the property must be
repaired or replaced in accordance with City standards.
o A 7' x 2' rectangular flowerbed to surround the base of
the pylon sign will be installed.
o Potted plants have been added along the front of the
building.
o Weeds must be removed from the area around the
building foundation and within and surrounding the
dumpster enclosure including any volunteer trees.
o The area in front of the building is used for loading and
unloading, and for the construction of a new handicap
accessible ramp. This is the only area available for such
activities, as the area behind the building must remain
open as a drive aisle.
. The parking lot is to be resealed with a material approved by the
Public Works Department.
. The parking lot will be striped to identify all parking stalls.
. The damaged sign face must be replaced. The poles must be
scraped free of rust and re-painted.
. To prevent the use of the pedestrian ramp at the corner of 66th Street
and 15th Avenue as a driveway, three to four bollards shall be
installed in accordance with plans approved by the Public Works
Department. Public Works will work with the applicant to properly
place the bollards.
. All bollards, current and new, must be maintained in an attractive
manner. Current bollards must be scraped and repainted.
. All temporary signs and banners must be removed. Permits for
temporary signs must be applied for through the Building Inspections
Department and comply with Sign Code regulations.
. The dumpster along the west side of the building must be removed or
placed inside the current dumpster enclosure.
. Procedures for the issuance of an off-street parking permit are
described in Subsection 800.17 of the City Code arid authorize the
City Council to issue a permit after determining that the requested
parking area will not have an adverse effect upon the public safety or
general welfare of the community.
I B. CRITICAL ISSUES I
. The current off-street parking permit for this location no longer reflects
the layout of the property.
. Current landscape standards cannot be met at this site without further
reducing the required parking.
. The applicant is making an effort to improve his property while
maintaining a viable business.
I C. FINANCIAL I
. The off-street parking permit application fee of $300 has been paid.
I D. LEGAL I
. 60-DA Y RULE: 60 day clock 'started' when complete application was
received on May 30,2006. A decision must be given to the applicant
by July 29, 2006, OR the Council must notify the applicant that it is
extending the deadline (up to a maximum of 60 additional days or 120
days total) for issuing a decision.
I IV. AL TERNA TIVE RECOMMENDA TIONe s) I
. Deny the request for an off-street parking permit with a finding that the
proposal would have an adverse impact on adjacent properties or the City as
a whole.
I V. ATTACHMENTS
. Resolution
. Site plan - 1430 66th Street East
. 1965 approved site plan
. Surrounding land use and zoning maps
I VI. PRINCIPAL PARTIES EXPECTED AT MEETING
. Mr. George Frost, applicant
(pJCl-j
RESOLUTION NO.
RESOLUTION GRANTING AN OFF-STREET PARKING PERMIT
AT 1430 66TH STREET EAST
WHEREAS, an application has been filed with the City of Richfield which requests
approval of an off-street parking permit for the parcel of land located at 1430 66th Street
East, legally described as:
LOTS 10 AND 11, NOKOMIS GARDENS REARRANGEMENT OF BLOCKS 1,2,3,
4 AND 5, GIRARD PARKVIEW ADDITION.
WHEREAS, the requested off-street parking permit has been reviewed by staff
and meets City requirements; and
WHEREAS, the proposed parking area will adequately serve the purpose for which
it is proposed and will not have an adverse effect upon the public safety or general welfare;
and
WHEREAS, the City has fully considered the request for approval for the off-street
parking permit; and
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of
Richfield, Minnesota, as follows:
1. That an off-street parking permit is hereby approved for a parking area as detailed in
the approved site plan, which provides for eleven on-site parking stalls.
2. That the parking area be resealed by November 1, 2006, with a material approved by
the Public Works Director.
3. All parking areas must be striped by November 1, 2006, in accordance with City
standards.
4. That use of the public boulevard be in accordance with an agreement between the
applicant and the Public Works Department.
5. That bollards be installed in accordance with plans approved by the Public Works
Director by November 1, 2006, in order to prevent use of the pedestrian ramp at 66th
Street and 15th Avenue as a driveway.
6. That existing bollards be scraped and repainted by November 1, 2006.
7. That non-permitted temporary signs and banners be removed immediately and not
reinstalled.
8. That the damaged sign face on the existing pylon sign be repaired or replaced and the
poles be scraped free of rust and repainted by November 1, 2006.
9. That the seven foot by two foot flowerbed to be installed at the base of the pylon sign
have an edge of appropriate solid material to retain the soil and protect the plant
material and installation be completed by November 1, 2006
10. That no parking be allowed in front of the building.
11. That all parking spaces are accessible year round.
12. That the landscaped area along the northern boundary of the property be weeded and
a weed growth inhibiting matt and mulch be applied by September 1, 2006.
071106 - asp 1430 66th St E
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13. That weeds and volunteer trees be removed from around the foundation of the building
and within and around the dumpster enclosure by September 1, 2006.
14. That the fence along the northern boundary of the property be repaired or replaced by
November 1, 2006.
15. All landscaping must be maintained and if necessary replaced in conformance with
. approved plans.
Adopted by the City Council of the City of Richfield, Minnesota this 11th day of July
2006.
Martin J. Kirsch, Mayor
ATTEST:
Nancy Gibbs, City Clerk
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AGENDA SECTION:
AGENDA ITEM #
REpORT #
CONSENT
6B
145
.......
RICHFIELD
STAFF REpORT
CITY COUNCIL MEETING
JULY 11, 2006
REpORT PREPARED By:
THOMAS FOLEY, TRANSPORTATION
ENGINEER
NAME, TITLE
COUNCIL PRESENTER:
DEPARTMENT DIRECTOR
REVIEW:
REVIEWED BY CITY
MANAGER:
ITEM FOR COUNCIL CONSIDERATION:
Consideration of requesting that the Minnesota Department of Transportation (Mn/DOT)
properly maintains their rights of ways throughout Richfield.
I. RECOMMENDED ACTION:
By Motion: Send a letter to the Minnesota Department of
Transportation recommending they properly maintain their rights of
way throughout the City of Richfield.
I II. BACKGROUND I
The Transportation Commission in its discussions on the design of the new Lyndale
Avenue Bridge observed that the right of way along 1-494 near Lyndale Avenue was
overgrown with weeds and the fence owned by Mn/DOT along the 1-494 right of way
was in serious disrepair.
Members of the Commission were told that Mn/DOT is reducing its maintenance
standards as a way of coping with limited funding. The Commission members
believed the poor condition of both the fence and the landscaping reflected badly on
the businesses along the freeway frontage and on the city of Richfield.
0711 MnDOT Right of Way
I III. BASIS OF RECOMMENDATION I
I A. POLICY I
· The City's 1997 Comprehensive Plan focused on improving the
appearance of the city, especially its gateway entrances.
I B. CRITICAL ISSUES I
· The poor condition of uncut grass and damaged fence on Mn/DOT
property reflects badly on the city of Richfield and the businesses
located along freeways.
I C. FINANCIAL I
· The City has no financial responsibility to maintain Mn/DOT property.
In.
LEGAL I
· The City may not be able to force the Minnesota Department of
Transportation to improve its maintenance practices in Richfield.
I IV. ALTERNATIVE RECOMMENDATION(S) I
· Council may choose not to complain about the poor maintenance of Mn/DOT
rights of way, if the City cannot compel Mn/DOT to increase its level of
maintenance in Richfield.
I V. ATTACHMENTS
· None
I VI. PRINCIPAL PARTIES EXPECTED AT MEETING
· None anticipated.
-
c.--....,J
AGENDA SECTION:
AGENDA ITEM #
REpORT #
PUBLIC HEARINGS
8
146
......
RICHFIELD
STAFF REpORT
CITY COUNCIL MEETING
JULY 11,2006
REpORT PREPARED By:
KRISTIN ASHER, ASSISTANT CITY
ENGINEER
NAME, TITLE
COUNCIL PRESENTER:
NAME, TITLE
DEPARTMENT DIRECTOR REVIEW:
REVIEWED BY CITY MANAGER:
ITEM FOR COUNCIL CONSIDERATION:
Public hearing and second reading of the transitory ordinance authorizing the design,
construction and construction management of a perimeter pond on Richfield. Also, consider
approvina a Reimbursement Resolution for the Richfield Lake Improvements Proiect.
1. RECOMMENDED ACTION:
Conduct and close the public hearing and by motion:
· Approve second reading of the attached transitory ordinance
authorizing the design, construction and construction
management of a perimeter pond on Richfield Lake.
Approve resolution for summary publication of the transitory
ordinance.
· Approve resolution authorizing City staff to incur costs for
proposed Richfield Lake improvements.
I II. BACKGROUND I
As a result of Mn/DOT's Crosstown Reconstruction Project, the City has committed to
administering a public improvement project involving Richfield Lake. The project
includes the construction of a perimeter pond along the northern portion of Richfield
Lake. The perimeter pond will not only accommodate additional stormwater runoff
0711 Second Read Richfield Lake
-
resulting from the new pavement but it will also improve the water quality of the main
pond. In addition, the walking path along the northern half of the pond will be
reconstructed and raised.
The City of Richfield has had the improvements at Richfield Lake in its Capital
Improvement plan since 2001. Today this Capital Improvement includes the southern
half of the pond, the portion that Mn/DOT's project does not upgrade. Historically, the
southern portion has been subject to high water levels that put the walking trail under
water. This project will construct a perimeter treatment system along the southern
portion of the pond meeting up to Mn/DOT's project limits, as well as raise the path
approximately two feet to provide a dry pavement for trail users.
In 1997, the Planning Commission considered various locations to accommodate the
additional stormwater runoff and recommended Richfield Lake as the preferred
location. Prior to making their recommendation, over 1,300 notices were mailed out to
residents and businesses in the Richfield Lake area.inviting them to attend the March
25, 1997 Commission meeting of which the recommendation was made.
On April 14, 1997, the City Council considered the Planning Commission's -
recommendation and the Council voted to table consideration of the location of the
new stormwater storage pond near Richfield Lake. At that meeting Mr. Tim Duoos,
owner of the Lyndale Garden property, addressed the Council in opposition of the
pond location.
On March 28, 2006 the City Council authorized the City to enter into an agreement
with Tim Duoos, owner of the Lyndale Garden Center property which is the only
private property directly effected by the construction of the perimeter pond. Mr. Duoos
recognizes the benefit of utilizing the pond for stormwater needs that may occur with .
any future redevelopment of his site.
An Open House was held on June 19, 2006. Comments received from residents are
attached.
Upon approval of the transitory ordinance Staff will begin the efforts on the plans for a
fall 2006 letting. The Council can authorize certain expenditures as eligible for
reimbursement in anticipation of approval of a stormwater utility bond sale to fund the
project. Passage oNhe attached resolution enables City staff to begin incurring design
costs for the Richfield Lake improvements. The resolution allows costs incurred up to
sixty days prior to Council approval of the resolution to be reimbursed using the
proceeds of the stormwater utility bond.
I III. BASIS OF RECOMMENDATION I
I A. POLICY ,
· Pursuant to Section 8.04 of the City Charter, the project will require
approval of a transitory ordinance because the estimated project cost
exceeds $500,000.
lB.
CRITICAL ISSUES
I
· Mn/DOT's project can begin as soon as the winter 2006/7. To utilize
economy of scale for the southern portion of the pond the design should
be constructed in conjunction with the Mn/DOT project.
Ie. FmANCIAL I
· Cost estimates prepared by WSB indicate the project to cost $2,335,127.
· The City's portion is estimated to be $657,000. The reimbursement
resolution makes project costs eligible for reimbursement from the
proceeds of a stormwater utility bond.
I D. LEGAL I
· Pursuant to Section 8.04 of the City Charter, the project will require
approval of a transitory ordinance because the estimated project cost
exceeds $500,000.
· Pursuant to Section 8.05 of the City Charter, notice of the public hearing
was published twice in the Sun Current fourteen days prior to the
hearing. Publication dates were June 29, 2006 and July 6, 2006.
· The City Attorney has reviewed the ordinance, summary publication
resolution, and reimbursement resolution for this capital improvement.
I IV. ALTERNATIVERECOMMENDATION(S) I
· Council may choose to take no action at this time.
I V. ATTACHMENTS
· Proposed Transitory Ordinance
· . Summary Publication Resolution
· Reimbursement Resolution for Declaring the Official Intent of the City of
Richfield to Reimburse Certain Expenditures from the Proceeds of Bonds to be
Issued by the City
· Comments received at the Open House
· Map of Project Areas
I VI. PRINCIPALPARTIESExpECTEDATMEETmG
· Area Residents
I
~~-,
BILL NO.
Transitory Ordinance No.
AN ORDINANCE APPROVING A CAPITAL IMPROVEMENT
PROJECT FOR THE DESIGN, CONSTRUCTION, AND
CONSTRUCTION MANAGEMENT FOR IMPROVEMENTS TO
RICHFIELD LAKE, PURSUANT TO RICHFIELD CITY CHARTER
SECTION 8.04
THE CITY OF RICHFIELD DOES ORDAIN:
Section 1. Backaround; findinas.
1.01. Section 8.04 of the Richfield City Charter requires that any capital improvement on City-
owned property that has an estimated cost exceeding $500,000.00 or expenditures for design or
engineering costs exceeding $75,000.00 must be approved by ordinance after a public hearing.
1 .02. It is proposed. that the City Council approve a capital improvement project for the
improvement of property at 6400 Dupont Avenue, Richfield MN.
1.03. The capital improvement project consists of the planning, design, construction and
construction management of pond improvements to Richfield Lake (the "Richfield Lake
Project").
1.04. The estimated construction cost of the capital improvement, excluding design and
engineering costs, is in excess of $500,000. The preliminary estimates for total construction
cost is $2,215,460. The estimated cost of design and engineering costs is $119,667. The City
will be responsible for $657,000 of the project cost; the remainder will be paid for with State
funds.
1.05. A public hearing was held on July 11, 2006 after due notice as required by Section 8.05 of
the Richfield City Charter.
1.06. The Council finds and determines that it is in the best interests of the City and its
inhabitants that the Richfield Lake Project be approved.
Sec. 2. Approval; effective date.
2.01. The Richfield Lake Project is approved, and design, construction and construction
management of the Richfield Lake Project may proceed according to the procedures required
bylaw.
2.02. The purpose of this Ordinance is to comply with the requirements of Section 8.04 of the
Richfield City Charter. This Ordinance shall not be construed to require that the City proceed
with the Richfield Lake Project; nor does it vest any rights in the Richfield Lake Project to any
individual or entity. This Ordinance shall not be construed to pre-approve any contracts for the
design or construction of the Richfield Lake Project, and the City Council speCifically reseNes to
itself the authority to approve any such contracts. The City Council reseNes the right to
.
~ ~d..
abandon the Richfield Lake Project or to modify elements of the Richfield Lake Project, if the
Council deems abandonment or modification to be in the public interest.
2.03. This ordinance is effective 30 days following its publication.
Adopted by the City of Richfield this 11th day of July, 2006.
Martin J. Kirsch, Mayor
ATTEST:
Nancy Gibbs, City Clerk
-
~~3
RESOLUTION NO.
RESOLUTION APPROVING SUMMARY PUBLICATION OF A TRANSITORY ORDINANCE
APPROVING A CAPITAL IMPROVEMENT PROJECT FOR THE DESIGN,
CONSTRUCTION AND CONSTRUCTION MANAGEMENT OF POND IMPROVEMENT TO
RICHFIELD LAKE, PURSUANT TO RICHFIELD CITY CHARTER SECTION 8.04
WHEREAS, the City has adopted the above referenced ordinance to the Richfield City
Code; and
WHEREAS, the verbatim text of the amendment is cumbersome, and the expense of
publication of the complete text is not justified.
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. 2006 -
AN ORDINANCE APPROVING A CAPITAL IMPROVEMENT PROJECT FOR THE
DESIGN, CONSTRUCTION, AND CONSTRUCTION MANAGEMENT FOR
IMPROVEMENTS TO RICHFIELD LAKE, PURSUANT TO RICHFIELD CITY
CHARTER SECTION 8.04
This summary of the ordinance is published pursuant to Section 3.12 of the Richfield
City Charter.
The ordinance authorizes a capital improvement project for design, construction and
construction management for pond improvements to Richfield Lake. The estimated cost of
the project is $2,335,127. The City will be responsible for $657,000 of the project costs; the
Minnesota Department of Transportation will pay for the remainder.
Copies of the ordinance are available for public inspection in the Public Works
Department during normal business hours or upon request by calling Assistant City Engineer
Kristin Asher (612-861-9795)
Adopted by the City Council of the City of Richfield, Minnesota this 11th day of July,
2006.
Martin J. Kirsch, Mayor
ATTEST:
Nancy Gibbs, City Clerk
z~Lf
CITY OF RICHFIELD, MINNESOTA
RESOLUTION NO.
DECLARING THE OFFICIAL INTENT OF THE
CITY OF RICHFIELD TO REIMBURSE
CERTAIN EXPENDITURES FROM THE PROCEEDS
OF BONDS TO BE ISSUED BY THE CITY
WHEREAS, the Internal Revenue Service has issued Treas. Reg. 9 1.150-2
(the "Reimbursement Regulations") providing that proceeds of tax-exempt bonds used to
reimburse prior expenditures will not be deemed spent unless certain requirements are met; and
WHEREAS, the City expects to incur certain expenditures that may be financed
temporarily from sources other than bonds, and reimbursed from the proceeds of a tax-exempt
bond;
WHEREAS, the City has determined to make this declaration of official intent (the
"Declaration") to reimburse certain costs from proceeds of bonds in accordance with the
Reimbursement Regulations.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
RICHFIELD AS FOLLOWS:
1. The City proposes to undertake the following project (the "Project").
Richfield Lake Improvements
2. The City reasonably expects to reimburse the expenditures made for certain costs
of the Project from the proceeds of bonds in an estimated maximum principal amount of
$657,000. All reimbursed expenditures will be capital expenditures, costs of issuance of the
bonds, or other expenditures eligible for reimbursement under Section 1.150-2(d)(3) of the
Reimbursement Regulations.
3. This Declaration has been made not later than 60 days after payment of any
original expenditure to be subject to a reimbursement allocation with respect to the proceeds
of bonds, except for the following expenditures: (a) costs of issuance of bonds; (b) costs in an
amount not in excess of $100,000 or 5 percent of the proceeds of an issue; or (c) "preliminary
expenditures" up to an amount not in excess of 20 percent of the aggregate issue price of the
issue or issues that finance or are reasonably expected by the City to finance the project for
which the preliminary expenditures were incurred. The term "preliminary expenditures" includes
architectural, engineering, surveying, bond issuance, and similar costs that are incurred prior to
commencement of acquisition, construction or rehabilitation of a project, other than land
acquisition, site preparation, and similar costs incident to commencement of construction.
4. This Declaration is an expression of the reasonable expectations of the City
based on the facts and circumstances known to the City as of the date hereof. The
anticipated original expenditures for the Project and the principal amount of the bonds
~-5
described in paragraph 2 are consistent with the City's budgetary and financial
circumstances. No sources other than proceeds of bonds to be issued by the City are, or are
reasonably expected to be, reserved, allocated on a" long-term basis, or otherwise set aside
pursuant to the City's budget or financial policies to pay such Project expenditures.
5. This Declaration is intended to constitute a declaration of official intent for
purposes of the Reimbursement Regulations.
(The remainder of this page is intentionally left blank.)
~-{p
Approved by the City Council ofthe City of Richfield this 11th day of July, 2006.
CITY OF RICHFIELD, MINNESOTA
Attest:
Martin J. Kirsch, Mayor
Steven L. Devich, City Manager
<6.-'7
RICHFIELD LAKE IMPROVEMENT PROJECT
JUNE 19,2006 OPEN HOUSE COMMENTS
1. The plan presented only addresses Storm Water Management. What about
vegitation management? Mature trees are acceptable but the under brush degrades
the area. Are there plans to clean up the total Richfield Lake Area beyond the
dredging activities? (Saathoff - 6420 Emerson)
Staff: At this time the project does not address underbrush cleanup. Some
people might argue that the under brush is important to maintain a healthy
habitat for animals. We will forward this comment on to Park and Recreation to
determine what the best way to address the issue is.
2. Replace the outdated wooden play feature for kids. I have seen kids (my grandkids)
get hurt with slivers, etc. (6300 Dupont)
Staff: Forwarded on to Park and Recreation slated for 2007 replacement.
3. Clean out dead trees around Richfield Lake. Playground needs to be rebuilt, very
sad shape. Repair during this construction. Care should be incorporated into plan to
keep a natural presentation. (Beauliea - 900 Mildred)
Staff: As part of the design process staff will work to maintain the natural
presentation in the area, especially where the retaining wall will be built near the
Lyndale Garden Center property.
4. Would you consider'updating the playground/park at the same time the path is
reconstructed? (Nelson - 910 Mildred)
Staff: Forwarded on to Park and Recreation slated for 2007 replacement.
5. At 1016 Mildred the 2 catch basins can be overwhelmed with street run off. This is
the low spot in the drainage area and the street floods. (Schmidt _ 1016 Mildred)
Staff: Noted for consideration.
6. What effect will the project have on property taxes in the area? The Parks
Department should strongly consider renovating the park in conjunction with this
project. The playground feature is especially in need of repair and mondernization.
(Wilcox - 6308 Bryant)
Staff: There will be no effect on property taxes in the area (assuming a
stormwater utlity bond is sold in 2006).
7. I'm concerned about the lack of shade trees, after the removal of a number of
existing trees. The walkway will become unuseable during the warm part of the
summer. (Sevich - 6324 Aldrich)
Staff: As part of the design process staff will work to incorporate shade areas
along the path.
.
-
.
I
,its\ 100093-GP-
NB.dgn
AGENDA SECTION:
AGENDA ITEM #
REpORT #
PUBLIC HEARINGS
9
147
.......
STAFF REpORT
RICHFIELD
CITY COUNCIL MEETING
JULY 11, 2006
REpORT PREPARED By:
RANDY HUGHES, OPERATIONS
SUPERINTENDENT
NAME, TITLE
COUNCIL PRESENTER:
NAME, TITLE
DEPARTMENT DIRECTOR REVIEW:
S3
Er
REVIEWED BY CITY MANAGER:
ITEM FOR COUNCIL CONSIDERATION:
Public hearing and second reading regarding the transitory ordinance authorizing the planning,
desi nand construction of a new Maintenance Facilit
I. RECOMMENDED ACTION:
Conduct and close the public hearing and by motion:
. Approve second reading of the attached transitory ordinance
authorizing the planning,- design and construction of a new
Maintenance Facility.
. Approve resolution for summary publication of the transitory
ordinance.
I II. BACKGROUND I
The City of Richfield has had the replacement of the Maintenance Facility at 7700
Pillsbury Avenue in its capital Improvement plan since 1990. The existing facility is
outdated and in need of extensive repair, has been cut in half by 77th Street and is not
large enough for our staff and equipment.
The delay in the construction of a new facility over the years has been the lack of a
suitable area to build the facility. In May 2006, the City closed on the purchase of land
from Irwin Ketroser in the Longfellow Loop area south of 66th Street and east of
0711 Second ReadGarage
Highway 77. Through a memorandum of understanding and signed agreement with
MAC and Mn/DOT, the City will acquire the balance of the land in the Longfellow Loop
later this year. Access and utility issues are being resolved in agreements with MAC.
The due diligence study of the site that was performed by the consulting firm of Short
Elliott Hendrickson, Inc. (SEH) has determined that the Longfellow Loop area is a
feasible site for a new facility. In order to proceed with the planning design and
construction of a new facility, a public hearing is required by the City Charter. In
addition to the Public Hearing, an Open House was held on July 11, 2006 from 4:30
p.m. to 6:25 p.m. to answer any questions from residents regarding the project.
Attached is the history of events that occurred prior to this point in time.
I III. BASIS OF RECOMMENDATION I
I A. POLICY ~# I
. Pursuant to Section 8.04 of the City Charter, the project will require
approval of a transitory ordinance because the estimated project cost
exceeds $500,000.
I B. CRITICAL ISSUES I
. The existing facility is old and in need of extensive repairs such as a new
roof, new doors, new ventilation system, etc.
. Since 77th Street was constructed through the existing site it is not
adequate for staff or equipment.
. The longer the construction of the new facility is delayed, the more it will
cost.
. Relocating to the Longfellow Loop will allow the existing site to be
redeveloped and generate tax revenue.
I C. FINANCIAL I
. Very preliminary cost estimates by SEH based on the square footage
used for the Portland Avenue design are $10,317,042.00 (see attached
detail).
I D. LEGAL I
. Pursuant to Section 8.04 of the City Charter, the project requires
approval of a transitory ordinance because the estimated project cost
exceeds $500,000.
. Pursuant to Section 8.05 of the City Charter, notice of the public hearing
was published twice in the Sun Current fourteen days prior to the
hearing. Publication dates were June 29, 2006 and July 6, 2006.
. The City Attorney has reviewed the procedure for this capital
improvement and finds that it complies with the City Charter.
· The City Attorney has reviewed the resolution for summary publication.
I IV. ALTERNATIVE RECOMMENDATION(S) I
· Approve the transitory ordinance authorizing the planning, design and
construction of a new Maintenance Facility at an estimated cost of 9 million
dollars rather than the preliminary estimate of 10.3 million dollars and design
the building accordingly.
. Council may choose to take no action at this time.
I V. ATTACHMENTS
. Proposed Transitory Ordinance
. Resolution for Summary Publication
. History of proposed new maintenance facility
. Proposed Estimate of Costs from SEH
I VI. PRINCIPAL PARTIES EXPECTED AT MEETING
. None
q-I
BILL NO.
Transitory Ordinance No.
AN ORDINANCE APPROVING A CAPITAL IMPROVEMENT
PROJECT FOR CONSTRUCTION OF A PUBLIC WORKS
GARAGE, PURSUANT TO RICHFIELD CITY CHARTER SECTION
8.04
THE CITY OF RICHFIELD DOES ORDAIN:
Section 1. Backqround; findinqs.
1.01. Section 8.04 of the Richfield City Charter requires that any capital improvement on City-
owned property that has an estimated cost exceeding $500,000.00 or expenditures for design or
engineering costs exceeding $75,000.00 must be approved by ordinance after a public hearing.
1.02. It is proposed that the City Council approve a capital improvement project for the
improvement of property at the southeast .comer of the intersection of 66th Street and Trunk
Highway No. 77. The City owns a portion of the property and expects to acquire the remainder
of the property pursuant to a State of Minnesota Cooperative Agreement for 66th Street Ramp,
dated March 29,2006.
1.03. The capital improvement project consists of Jhedesign, engineering and construction of a
public works garage and related improvements, including, but not limited to parking and utilities
connections (the "Public Works Garage Project).
1.04. The estimated construction cost of the capital improvement; excluding design and
engineering costs, is in excess of $500,000. The preliminary estimates for total construction
cost is $10,317,042.00. The estimated cost of design and engineering costs is $760,073.00.
1.05. A public hearing was held on July 11, 2006 after due notice as required by Section 8.05 of
the Richfield. City Charter.
1.06. The Council finds and determines that it is in the best interests of the City and its
inhabitants that the Public Works Garage Project be approved.
Sec. 2. Approval; effective date.
2.01. The Public Works Garage Project is approved, and planning, design and construction of
the Public Works Garage Project may proceed according to the procedures required by law.
2.02. The purpose of this Ordinance is to comply with the requirements of Section 8.04 of the
Richfield City Charter. This Ordinance shall not be construed to require that the City proceed
with the Public Works Garage Project; nor does it vest any rights in the Public Works Garage
Project to any individual or entity. This Ordinance shall not be construed to pre-approve any
contracts for the design or construction of the Public Works Garage Project, and the City
Council specifically reserves to itself the authority to approve any such contracts. The City
Council reserves the right to abandon the Public Works Garage Project or to modify elements of
qr)...
the Public Works Garage Project, if the Council deems abandonment or modification to be in the
public interest.
2.03. This ordinance is effective 30 days following its publication.
Adopted by the City of Richfield this 11th day of July, 2006.
Martin J. Kirsch, Mayor
ATTEST:
Nancy Gibbs, City Clerk
q-3
RESOLUTION NO.
RESOLUTION APPROVING SUMMARY PUBLICATION OF A
TRANSITORY ORDINANCE APPROVING A CAPITAL IMPROVEMENT
PROJECT FOR THE CONSTRUCTION OF A PUBLIC WORKS
GARAGE, PURSUANT TO RICHFIELD CITY CHARTER SECTION 8.04
WHEREAS, the City has adopted the above referenced ordinance to the Richfield City
Code; and
WHEREAS, the verbatim text of the amendment is cumbersome, and the expense of
publication of the complete text is not justified.
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. 2006 -
TRANSITORY ORDINANCE APPROVING A CAPITAL IMPROVEMENT
PROJECT FOR THE CONSTRUCTION OF A PUBLIC WORKS
GARAGE, PURSUANT TO RICHFIELD CITY CHARTER SECTION 8.04
This summary of the ordinance is published pursuant to Section 3.12 of the Richfield
City Charter.
The ordinance authorizes a capital improvement project consisting of the design,
engineering and construction of a public works garage. The preliminary estimate for total
construction cost is $10,317,042.00, which includes the estimated cost of design and
engineering costs of $760,073.00.
Copies of the ordinance are available for public inspection in the Public Works
Department during normal business hours or upon request by calling Operations
Superintendent Randy Hughes (612-861-9175).
Adopted by the City Council of the City of Richfield, Minnesota this 11th day of July
2006.
Martin J. Kirsch, Mayor
ATTEST:
Nancy Gibbs, City Clerk
1990
1994
October, 1995
December, 1995
April, 1996
May, 1996
June, 1996
July 1,1996
October, 1996
November, 1996
q- LJ
History of Proposed New Richfield Public Works Facility:
The architectural firm of Lindbergh-Pierce is hired to do a space needs
assessment for the Central Garage Maintenance Facility because of its past
experience with maintenance facilities. The result of the study recommends
79,000 sq. ft. is needed. The existing site (before the 77th Street
reconstruction) was about 40,000 sq. ft. The principle reason for the site
disparity is that the existing building has no drive aisle and vehicles are
parked three deep in the stalls. The Capital Improvement Programs for the
next seven years are reviewed by the Community Servic.es Commission, the
Planning Commission, and City Council.
77th Street cuts existing building in half.
City staff contacts the Minnesota Department of Transportation (MnDOT)
about the possibility of a joint facility. Kodet Architectural Firm is hired jointly
to explore this possibility, and MnDOT and Richfield start to look for a 15-acre
site in or near Richfield. There is nothing obviously even close to Richfield
with the exception of airport property.
Kodet comes up with a 78,000 sq. ft. building at an estimated cost over $6
million.
Staff meets with Don Brauer to discuss rating criteria for garage sites in and
near Richfield. City staff begins to look at possible sites for a maintenance
facility in or near Richfield.
Richfield has Kodet explore several options, including a split facility with
Utilities at the Water Plant, Engineering at City Hall and Maintenance
divisions with MnDOT. Estimated costs are still over $6 million. Consultants
consistently recommend a ten-acre minimum site size if there is significant
outside material storage.
Potential/optional sites are rated by staff. Sites include Rich Acres, New Ford
Town Park, south of 66th Street between Highway 77 and Cedar Avenue,
Water Plant/Legion Lake, Pillsbury Avenue north of 77th Street, Model Stone
(in Minneapolis), Taft Park/Northwestern Bell, Elliot School, Lyndale Trailer
Park, Haeg Plumbing.
Study session to update the Council on the MnDOT/Metropolitan Airports
Commission (MAC)/Richfield joint facility and the inventory of other possible
sites and their ratings.
A task force of Maintenance, Utilities and Engineering staff was formed to
look at the advantages and disadvantages of locating Utilities at the Water
Plant vs. Utilities at the MAC/MnDOT joint facility. The conclusion of the task
force was that a shared site at the Water Plant would accommodate all of the
high priority items.
William O'Brien & Associates, an architect with experience with parks and
maintenance facilities, hired to look at the feasibility of a maintenance facility
near a park, as well as the possibility of recreation facilities also in or on such
a building.
CJ-5
December 2, 1996 At a study session, Council considers development pressures along the 1-494
corridor as it relates to the temporary Public Works offices at the Lampert site
and explores the feasibility of an independent facility near the Water Plant or
a shared facility with MnDOT.
December 18, 1996 Neighborhood Open House at the Water Plant to introduce, to the Portland
Avenue residents more directly affected, the idea of locating the Public Works
building at the Veterans Memorial Park of Richfield (VMPR)/Water Plant site.
January 21, 1997 Presentation to the Master Park Plan Committee of the Community Services
Commission.
January 27, 1997 Site at Veterans Park/Water Plant is selected by Council.
February 29, 1997 Staff began interviewing consultants for the project.
April 14, 1997 Council selected the firm of Short-Elliot-Hendrickson (SEH) as the
architectural and engineering consultants for the new maintenance facility.
May 3, 1997 Annual Open House at the Water Plant and the City Garage. Newsletters and
displays about the new facility available at both locations.
June, 1997: The City hires Short-Elliot-Hendrickson (SEH) to do the programming and
schematic phase for a new Maintenance Facility. The agreement for services
with SEH is $89,100.
August 4, 1997 Staff and SEH meet at Study Session to keep Council updated on progress.
August 12, 1997 Joint meeting with the Community Services Commission and Planning
Commission.
August 28, 1997 Open House at the Water Plant for residents to review draft plans.
September 8, 1997 Council approves concept design and estimated costs figures ($5.6 million)
for the new facility. SEH is hired to prepare bidding specifications.
October, 1997 Your City newsletter includes "Q & A" on using the Water Plant site for the
new facility.
November, 1997 Council approves sale of the Lampert Lumber site.
December 22, 1997 Council approves an award of contract to Adolfson & Peterson, Inc. to be the
construction manager for the New Maintenance Facility.
December 30, 1997 Neighborhood meeting and update at the Water Plant from 6:00 p.m. to 8:00
p.m. About 30 persons attended.
January 5, 1998 Bid specifications reviewed by Council at Study Session.
January 12, 1998 Bid specifications presented to Council at the regular meeting for approval in
order to advertise in January. Following site clearance, including cutting of
trees and concern by the Department of Natural Resources, Council elects to
abandon the Veterans Park/Water Plant site.
q--fp
March 9, 1998 Maintenance Facility Site Selection Committee formed by Council.
July 15,1998 Maintenance Facility Citizens Task Force hosts public information and input
meeting at Wood Lake Nature Center.
July 16,1998 Maintenance Facility Citizens Task Force hosts public information and input
meeting at City Hall. About 100 persons attended.
September 1998 Task Force recommends the site for the new facility should be located at the
northeast corner of 77th Street and Cedar. It is estimated that building at this
site would cost $7.9 million, however the feasibility of acquiring the land and
the exact land cost is not yet known.
November 1998 Task Force recommendation( s) published in Your City.
November 10, 1998 Community Services Commission unanimously approved the Task Force
recommendation( s).
November 18, 1998 Maintenance Facility Citizens Task Force hosts open house at City Garage,
7700 Pillsbury. Seven sites were evaluated with a site at 77th Street and
Cedar Avenue owned by the Metropolitan Airports Commission chosen by the
Task Force as its top choice for a new maintenance facility. If that site cannot
be secured from the MAC by June 1999, the Task Force recommends the
City move to its second choice - redeveloping the current maintenance facility
site at 7700 Pillsbury. Redeveloping the current site is estimated to cost $8.8
million.
December 8, 1998 Planning Commission made the following comments related to the Task
Force recommendation( s):
. The proposed site is consistent with the City's Comprehensive Plan;
however, there is a low probability that the first alternative site will work. It
may also be an inappropriate time to try and negotiate with MAC for the
property given other City concerns.
. The second alternative then becomes the first choice. This site is
inconsistent with the City's Comprehensive Plan which designates the
property for medium density housing. This site also spends more of our
scarce resources and involves acquiring single family homes and a
business. The Comprehensive Plan would have to be amended to
accommodate this location.
. The Veterans Park site should be reevaluated if the City is unsuccessful
obtaining the airport site. This site is consistent with the Comprehensive
Plan and the idea of creating a civic campus in the Park. There is also
building synergy and working efficiencies gained with the Veterans Park
site that the other two sites do not provide.
December 14, 1998 City Council accepted the citizen task force recommendation that a new City
maintenance facility be located in the northeast corner of 77th Street and
Cedar Avenue. City staff has initiated discussion with the Metropolitan
Airports Commission (MAC) regarding the site which would be a remnant
parcel associated with a 77th Street underpass at Trunk Highway 77.
June 1999 The Metropolitan Airports Commission (MAC) is investigating use of the 77th
Street/Highway 77 remnant parcel for rental car parking. As a result, MAC
and City staffs revisit use of the 66th Street/Highway 77 site for the
maintenance facility.
q,/
August 2, 1999 City Council reviewed the proposed improvement to the 66th Street/TH 77
interchange and elements of the proposed MnDOT/MAC/City Memorandum
of Understanding (MOU). The MOU is not a binding agreement but it
expresses the intent of the three participating agencies on the measures they
will take to improve the interchange.
August 3, 1999 The MAC Planning and Environment Committee forwarded the MOU to the
MAC Board for consideration.
August 9, 1999 City Council authorizes City officials to sign the 66th Street/Highway 77
Memorandum of Understanding (MOU) among the Minnesota Department of
Transportation (MnDOT), the Metropolitan Airports Commission (MAC) and
the City of Richfield.
August 19, 1999 MAC Board authorizes execution of the MOU.
August 25, 1999 A layout for the 66th Street/Highway 77 interchange, consistent with the
Memorandum of Understanding approved by the City Council in August,
developed by the staffs of the three agencies was the subject of a public open
house.
September 1999 The Minnesota Department of Transportation (MnDOT) has prepared a draft -
agreement identifying a remnant site in the southeast corner of the 66th
Street and Trunk Highway 77 interchange as the site for a new City
maintenance facility. The City and the Metropolitan Airports Commission
(MAC) are reviewing the draft document.
October 1999 Your City article announces the City Council and the Metropolitan Airports
Commission have approved a Minnesota Department of Transportation
Memorandum of Understanding (MOU) identifying a remnant site in the
southeast corner of the 66th Street and Trunk Highway 77 interchange that
can be used for the site for a new City maintenance facility.
November 8, 1999 Council considered a resolution approving the proposed layout that widens
66th Street to eight lanes by adding a new bridge to the north of the existing
bridge and replacing the four ramps from 66th Street to Trunk Highway 77
and took action to continue consideration at a public hearing.
November 12, 1999 Written notice of November 22 Public Hearing mailed to approximately 1,800
property owners in the airport noise mitigation area.
November 17, 1999 Notice of Public Hearing in the Richfield Sun/Current newspaper.
November 22, 1999 Public Hearing; Council approves layout for the Trunk Highway 77 and 66th
Street interchange. The proposed maintenance garage is part of the public
hearing discussion.
January 5, 2001 Council directed staff to reconvene the City Maintenance Facility Task Force
to review the present situation and provide a report to Council.
April 23, 2001 City Maintenance Facility Task Force meeting at City Garage, 7700 Pillsbury.
Notice of the meeting in Richfield Sun-Current, on City's website, and cable
television Bulletin Board.
May 29,2001 -
0- '?
TASK FORCE recommends the north site on Cedar Avenue and 66th Street as
the preferred location for a new Maintenance Facility.
September 11, 2001 Everything is put on hold.
May, 2006
City purchases one parcel in the "Longfellow Loop" from a private owner for
$100,000.00. The City will acquire the balance of the land later this year per
the Memorandum of Understanding and signed agreements with MAC and
Mn/DOT.
July 11, 2006
Open House and Public Hearing to consider approval of a Transitory Ordinance
authorizing the planning, design and construction of a new Maintenance
Facility.
~
0-9
TOTAL PROJECT BUDGET WORKSHEET
City of Richfield - Public Works Facility
Probable Cost of the Project as of February 22, 2006
A 1. Building Cost
Office
Service Bay
Mezzanine
Vechicle Storage Bay
Unit Cost
$160.00
$130.00
$30.00
$90.00
Area SF
12,100
8,075
16,200
44,900
~,:::,:,~~ ;;~'f,:$7;512;7501
$1,936,000
$1,049,750
$486,000
$4,041,000
Gross Square Feet
81,275
A2. Site Development
1t~'#f.~&RJ.\l\~!R$'lip,1';27;51
A3. Contingencies
1'.R4::~"";!i';\1"".D2"""A""...1
~~;""''"'''~:.+'''~ -"j,~
To serve as planning contingency and constroctlon reserve
II. TOTAL CONSTRUCTION COST
Ii;;\:;::! ;;:$9;090;428'
II. Site Acquisition
Money budgeted for purchasing of sites - does not include relocation costs
.~~f~~1f~~~-$PI
II. Movable Equipment
r~.~~$a?;'l_
Med
IV. Voice/Data/Structured Cabling
~--'~~""'''I
}i'Yj;jl[i~~~,.~
Low
Phone, dispatch, computer cabling etc
Standard 8141 Arch Services
~,~~ljJ
B1. Professional Fees
B2. Professional Fees
~9291
.. ..... >.'... _.'- :C.O>C '-. ". _jJ,~. .... , ".,._,
'B3. Professional Fees I
Lump Sum
Geotech Engineering Services (drilling is included as a reimbUrsable)
~1IQl~1
IB4. Professional Fees !
Lump Sum
Environmental Services (Phase I Report)
6""_""""5_'
~;i>;~~~J2.\~~k%et@.~A~\~~
Voice/DataiStroctured Cableing
~
","
III. Total Professional Fees
0-10
~
III. Reimbursable Expenses
r;,;;~,,;".i," ;:$90;9041
Percent of Construction Cost
1.00%
Adveft/sing, Drilling, Printing, Editing, Mileage, Photographs, Testing, etc
TOTAL PROJECT BUDGET
.. Cost subject to change after 6 months
AGENDA SECTION:
AGENDA ITEM #
REpORT #
RESOLUTION
10
148
STAFF REpORT
CITY COUNCIL MEETING
JULY 11,2006
REpORT PREPARED By:
CHRIS REGIS, FINANCE MANAGER
NAME, TITLE
COUNCIL PRESENTER:
REVIEWED BY CITY
MANAGER:
ITEM FOR COUNCIL CONSIDERATION:
Consider approving a reimbursement resolution for proposed construction of a New City .
Maintenance Facilit .
1. RECOMMENDED ACTION:
By Motion: Approve the attached resolution authorizing City staff to
incur costs for proposed construction of a new City Maintenance
Facilit .
I II. BACKGROUND I
The City for several years has been working to locate a site and construct a new
City Maintenance Facility. As an outcome of the reconstruction of the intersection
at 66th Street and T.H. 77, remnant parcels of right-of-way remain that would be
suitable for a City Maintenance Facility.
Through a cooperative agreement between the City and the Minnesota Department
of Transportation, the City will receive these remnant parcels of right-of-way
remaining from the reconstruction of the intersection to be used as site for the
maintenance facility.
Accordingly, staff has been working to determine funding for the construction of a
new City Maintenance Facility, estimated to cost $10,400,000. Presently, staff has
assembled approximately $6,500,000 of internal funding from several sources.
However, these leaves a gap of $3,900,000 that will need to be funded from a
general obligation bond issue. In addition, once costs of issuance, capitalized
interest, bond discount, etc. are factored in, the estimated amount of the bond to be
0711 New Maintenance Facility Reimbursement
issued increases to $4,100,000. Finally, of the total amount of the bond issuance,
$1,500,000 future land sale proceeds from the existing garage site will be use
towards the debt service of the bonds. The remaining balance of the debt will be
paid using a debt service tax levy.
The Council can authorize certain expenditures as eligible for reimbursement in
anticipation of approval of an issuance of general obligation capital improvement
bonds. Passage of the attached resolution will enable City staff to begin incurring
planning and engineering costs for the construction of the new City Maintenance
Facility. The resolution allows costs incurred up to sixty days prior to Council
approval of the resolution to be reimbursed using the proceeds of a general
obligation bond.
I III. BASIS OF RECOMMENDATION
I A. POLICY
. N/A
I B. CRITICAL ISSUES I
. The reimbursement resolution makes improvement costs eligible for
reimbursement from the proceeds of the general obligation capital
improvement bonds.
I C. FINANCIAL I
. The cost of the new maintenance facility is estimated to be $10,400,000.
. The total of the General Obligation Capital Improvement bonds to be
issued is estimated to be $4,100,000.
. The bonds will be financed by proceeds from the sale of the existing
Central Garage site and a debt service tax levy.
. The construction of the new maintenance facility has been included in the
City's Capital Improvement Budget and Capital Improvement Plan.
I D. LEGAL I
. The resolution has been reviewed by the City Attorney.
I IV. ALTERNATIVE RECOMMENDATION(S) I
. Delaying approval of the resolution will limit the City's ability to use bond
proceeds towards costs associated with the construction of a new
maintenance facility.
I V. ATTACHMENTS
. Resolution.
I VI. PRINCIPAL PARTIES EXPECTED AT MEETING
. None Anticipated.
10-(
RESOLUTION NO.
DECLARING THE OFFICIAL INTENT OF THE CITY OF RICHFIELD TO
REIMBURSE CERTAIN EXPENDITURES FROM THE PROCEEDS
OF BONDS TO BE ISSUED BY THE CITY
WHEREAS, the Internal Revenue Service has issued Treas. Reg. ~ 1.150-2
(the "Reimbursement Regulations") providing that proceeds of tax-exempt bonds used to
reimburse prior expenditures will not be deemed spent unless certain requirements are met;
and
WHEREAS, the City expects to incur certain expenditures that may be financed
temporarily from sources other than bonds, and reimbursed from the proceeds of a tax-
exempt bond;
WHEREAS, the City has determined to make this declaration of official intent (the
"Declaration") to reimburse certain costs from proceeds of bonds in accordance with the
Reimbursement Regulations.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
RICHFIELD AS FOLLOWS:
1. The City proposes to undertake the construction of a new maintenance facility,
including site preparation, engineering, design and construction (the "Project").
Construction on New City Maintenance Facility
2. The City reasonably expects to reimburse the expenditures made for certain
costs of the Project from the proceeds of bonds in an estimated maximum principal amount
of $4,100,000. All reimbursed expenditures will be capital expenditures, costs of issuance of
the bonds, or other expenditures eligible for reimbursement under Section 1.150-2(d)(3) of
the Reimbursement Regulations.
3. This Declaration has been made not later than 60 days after payment of any
original expenditure to be subject to a reimbursement allocation with respect to the
proceeds of bonds, except for the following expenditures: (a) costs of issuance of bonds;
(b) costs in an amount not in excess of $100,000 or 5 percent of the proceeds of an issue; or
. (c) "preliminary expenditures" up to an amount not in excess of 20 percent of the aggregate
issue price of the issue or issues that finance or are reasonably expected by the City to
finance the project for which the preliminary expenditures were incurred. The term
"preliminary expenditures" includes architectural, engineering, surveying, bond issuance, and
similar costs that are incurred prior to commencement of acquisition, construction or
rehabilitation of a project,. other than land acquisition, site preparation, and similar costs
incident to commencement of construction.
4. This Declaration is an expression of the reasonable expectations of the City
based on the facts and circumstances known to the City as of the date hereof. The
anticipated original expenditures for the Project and the principal amount of the bonds
described in paragraph 2 are consistent with the City's budgetary and financial
circumstances. No sources other than proceeds of bonds to be issued by the City are, or
are reasonably expected to be, reserved, allocated on a long-term basis, or otherwise set
aside pursuant to the City's budget or financial policies to pay such Project expenditures.
/O-:J-
5. This Declaration is intended to constitute a declaration of official intent for
purposes of the Reimbursement Regulations.
Approved by the City Council of the City of Richfield this 11 th day of July, 2006.
CITY OF RICHFIELD, MINNESOTA
ATTEST:
Martin J. Kirsch, Mayor
Nancy Gibbs, City Clerk
~
RICHFIELD
REpORT PREPARED By:
COUNCIL PRESENTER:
DEPARTMENT DIRECTOR
REVIEw:
REVIEWED BY CITY
MANAGER:
AGENDA SECTION:
AGENDA ITEM #
REpORT #
PUBLIC HEARINGS
11
149
STAFF REpORT
CITY COUNCIL MEETING
JULY 11, 2006
KA TIA MEDVETSKI,
REDEVELOPMENT SPECIALIST
NAME, TITLE
ITEM FOR COUNCIL CONSIDERATION:
(1.) Public hearing and second reading of a Transitory Ordinance authorizing the sale of real
property for right-of-way purposes to the Minnesota Department of Transportation and the sale
of excess right-of-way real property and other city owned real property to the Richfield Housing
and Redevelopment Authority (66th Street I TH 77 Interchange Project and Cedar Point
Project); and (2.) Scheduling a public hearing and second reading of a Transitory Ordinance
on July 25, 2006 authorizing the sale of real property to Ryan Companies US, Inc. in
accordance with the 0 tion and First Ri ht of Refusal A reement.
I. RECOMMENDED ACTION:
(1.) Conduct and close a public hearing and by motion: Approve the
attached Transitory Ordinance authorizing and providing for the sale,
transfer or other disposition and conveyance of certain city owned
real property located in the City of Richfield, County of Hennepin,
State of Minnesota (66th Street I TH 77 Interchange Project and Cedar
Point Project); and (2.) By motion: Schedule a public hearing and
second reading of a Transitory Ordinance on July 25, 2006
authorizing the sale of real property to Ryan Companies US, Inc. in
accordance with the 0 tion and First Ri ht of Refusal A reement.
071106 PHTransOrdLand CP
I II. BACKGROUND I
. On June 27, 2006 the City Council (City) undertook the first reading of a
Transitory Ordinance authorizing the (1) sale of real property for right-of-way
purposes to the Minnesota Department of Transportation (MnDOT) for the
66th Street / TH Interchange Project (Bridge Project); (2) sale to the Richfield
Housing and Redevelopment Authority (HRA) the excess Bridge Project
right-of-way real property and other city owned real property as well as real
property proposed to be acquired by the City for the new 17th Avenue
roundabout, contingent upon the City's ability to obtain title and possession
of the properties (Contingent Properties), in furtherance of the Cedar Point
Commons project; and (3.) sale of excess real property for roadway
purposes to Ryan Companies US, Inc. (Developer) in accordance with the
Option and First Right of Refusal Agreement (as approved originally by the
City on June 13, 2006 and subsequently revised and approved on June 27,
2006), contingent upon the City's ability to acquire fee title and possession to
this property (Option Properties).
. The Contingent Properties are located at 1614 and 1620 East 66th Street
and are required for a two-lane roundabout for the new intersection at 66th
Street and 17th Avenue. Excess right-of-way will be resold by the HRA to
Ryan Companies US, Inc. (Developer) for the construction of additional retail
space on the 6500 block of 17th Avenue.
. The Option and First Right of Refusal Agreement (Option Agreement)
identifies 660116th Avenue, 6600, 6601, 6609, 6615, 6621, 6627 and 6633
17th Avenue, 1614 and 1620 17th Avenue, as excess land parcels. The
City's sale of excess land from the 1614 and 1620 17th Avenue acquisitions
will be to the HRA, with subsequent sale to the Developer while the sale of
the other excess Option Agreement parcels will be directly from the City to
the Developer in accordance with the Option Agreement.
· Under the proposed Transitory Ordinance, Ryan still needs to exercise their
right to purchase the Excess Land or any portion thereof. In addition, the
City still has 2 % years to decide to use any portion ofthe Excess Land for
municipal purposes (for example a relocated municipal liquor store or access
to the existing liquor store). If the City decides within that 2 % year period to
use any portion of the Excess Land for municipal uses, the City has four
years to construct a new liquor store or provide additional access to the
current store. For any other municipal purpose, construction must begin
within 2 % years from the date of the Option Agreement or six months after a
City Council resolution declaring the City's intent to construct, which ever
comes first.
· It is now appropriate for the City to (1) sell real property to MnDOT for the
Bridge Project; (2) sell excess real property from the Bridge Project and
certain other city owned real property to the HRA for subsequent resale to
the Developer; (3) sell certain additional land proposed to be acquired by the
City for the new roundabout to the HRA contingent upon the City's ability to
obtain title and possession to the real property; and (4) schedule a public
hearing and second reading of a Transitory Ordinance on July 25, 2006
authorizing the sale of real property to Ryan Companies US, Inc. in
accordance with the Option and First Right of Refusal Agreement.
. Attached are two maps one entitled Right-of-Way Parcels (yellow) and one
entitled Excess Right-of-Way Parcels (red). The Right-off-Way Parcels map
indicates the land to be conveyed to MnDOT. The Excess Right-of-Way
Parcels map is the residual land not needed by MnDOT and which will be
conveyed to the HRA and subsequently to the Developer.
. Staff is working with legal counsel in its review of the respective funding
agreements for original acquisitions. All real property resales will be
undertaken in accordance with these agreements.
· Legal counsel has prepared the attached Purchase Agreement for land
conveyances between the City and HRA. At this time it has been determined
that a Purchase Agreement for conveyance of property to MnDOT is not
needed. The HRA approved the Purchase Agreement on June 26,2006.
I III. BASIS OF RECOMMENDATION I
I A. POLICY I
· Since 2000 the City has acquired real property for right-of-way
purposes and airport impacted real property for redevelopment in
accordance with airport mitigative strategies.
· Particular funding agreements identified above dictate the re-use and
cost associated with disposing of the acquired lands.
· The sale of real property by Transitory Ordinance is being undertaken
in accordance with the City Ordinance.
I B. CRITICAL ISSUES I
. MnDOT is nearing completion of construction of the Bridge Project
and will take the land necessary for right-of-way by the Department of
Transportation Commissioner's Orders, in accordance with Minnesota
State Statutes. However, MnDOT would also like the conveyance of
title to the land to be given by deed.
· A permanent right-of-way line was set by MnDOT in discussions with
City staff last year. More recently, the line was re-set to better
accommodate the Development Project while addressing the needs of
the Bridge Project.
· On May 16, 2005 the HRA approved a Contract for Private
Development (Developer's Agreement) with Ryan Companies US, Inc.
(Developer) for a retail development, Cedar Point Commons
(Development Project) that contemplates certain land conveyances.
· On October 25, 2005 the City Council approved a two-lane
roundabout design for the new intersection at 66th Street and 17th
Avenue and a financing plan concept for proposed improvements.
. The HRA in accordance with the terms of the Developer's Agreement
is required to sell certain land to the Developer for the Development
Project.
. On June 26,2006 the Planning Commission approved a resolution
finding that the sale of certain properties related to the Development
Project conforms to the general plans for the development and
redevelopment of the city.
· At a future date when the re-use of the excess land of the Option
Properties are established and the Comprehensive Plan is reviewed
and modified, the Planning Commission will be asked to approve a
resolution finding that the sale of certain properties conforms to the
general plans for the development and redevelopment of the city.
Currently, there could not be a finding of consistency with the
Comprehensive Plan as it continues to reflect the existing seven
single-family development.
. On June 27,2006 the City undertook the first reading of the subject
Transitory Ordinance for the land conveyances to MnDOT, HRA, and
the Developer.
· On June 27,2006 the City approved a Purchase Agreement between
the City and HRA for the land sale transaction. The HRA approved
the Purchase Agreement on June 26, 2006.
I C. FINANCIAL I
· Each agreement relating to the original acquisitions of the subject
parcels has its own stipulations as to value of land at time of
conveyance and time frames for performance. All land conveyances
will be undertaken in accordance with these agreements. Staff
continues to work with legal counsel on evaluating land values.
I D. LEGAL I
· The City's legal counsel has been working with staff and the HRA's
legal counsel in reviewing land conveyance matters and the various
contracts and funding agreements that encumber the land.
· On June 29, 2006 the legal notice of public hearing for the Transitory
Ordinance was published in the Sun Current newspaper.
· The legal notice of public hearing for the Transitory Ordinance relating
to the Option Agreement parcels is scheduled to be published in the
Sun Current newspaper on July 13, 2006.
· The Transitory Ordinance will be effective on August 20, 2006
allowing for the conveyance of real property to the HRA and MnDOT
while the effective date for the Option Agreement parcels will be
September 2, 2006.
I IV. ALTERNATIVE RECOMMENDATION(S) I
· Continue public hearing and second reading of the Transitory Ordinance.
· Do not proceed with the Transitory Ordinance processing at this time.
· Both actions would impact the HRA's ability to convey land to Developer and
perform on schedule, in accordance with the Developer's Agreement. (This
does not apply to the land that is to be conveyed to MnDOT.)
I V. ATTACHMENTS
. Transitory Ordinance
. Maps
I VI. PRINCIPAL PARTIES EXPECTED AT MEETING
. N/A
1/- {
TRANSITORY ORDINANCE NO.
AN ORDINANCE AUTHORIZING AND PROVIDING FOR THE SALE, TRANSFER OR
OTHER DISPOSITION AND CONVEYANCE OF CERTAIN CITY OWNED REAL
PROPERTY LOCATED IN THE CITY OF RICHFIELD, COUNTY OF HENNEPIN,
STATE OF MINNESOTA
The City of Richfield Does Ordain:
Section 1.
The real properties described in Exhibit A in the City of Richfield, County of Hennepin,
State of Minnesota, are hereby authorized to be sold, transferred or otherwise disposed of
and conveyed by the City as herein provided to the Minnesota Department of
Transportation.
Section 2.
The real properties described in Exhibit B in the City of Richfield, County of Hennepin,
State of Minnesota, are hereby authorized to be sold, transferred or otherwise disposed of
and conveyed by the City as herein provided to the Housing and Redevelopment Authority
in and for the City of Richfield, Minnesota.
Section 3.
The Mayor and City Manager are hereby authorized to take all action as is required to sell,
transfer, or otherwise dispose of and convey the real property described in the foregoing
Sections 1 and 2, including, by way of illustration and not limitation, the execution of all
documents, purchase agreements, deeds of conveyance, and other instruments
connected with such sale, transfer or disposition and conveyance.
Passed by the City Council of the City of Richfield, Minnesota this 11th day of July 2006
Martin J. Kirsch, Mayor
ATTEST:
Nancy Gibbs, City Clerk
071106 PHTransOrdLand CP
/ I~ d-
EXHIBIT A
Portions of 6301-6539
Cedar Avenue
(Proposed Right-of-Way)
All those parts of Lots 1 through 10 inclusive, Block 1, and
Lots 1 through 12, inclusive, Block 8, and Lots 3 through
12 inclusive, Block 15, and Cedar Avenue, 63rd Street
East, 64th Street East, and 65th Street East, as dedicated
in the plat of NEW FORD TOWN, according to the
recorded plat thereof, Hennepin County, Minnesota; lying
westerly of the easterly lines of Block 1, Block 8, and Block
15 of said NEW FORD TOWN and extensions thereof; and
lying easterly of the following described line:
Beginning at the West Quarter Corner of Section 25,
Township 28 North, Range 24 West, Hennepin County,
Minnesota; thence northerly along the west line of the
Northwest Quarter of said Section 25, North 00 degrees 12
minutes 36 seconds East, a distance of 116.80 feet;
thence North 41 degrees 00 minutes 23 seconds East, a
distance of 22.55 feet; thence North 04 degrees 38
minutes 15 seconds East, a distance of 459.06 feet;
thence North 08 degrees 28 minutes 23 seconds East, a
distance of 188.35 feet; thence North 03 degrees 59
minutes 48 seconds East, a distance of 1019.41 feet;
thence North 00 degrees 10 minutes 57 seconds East, a
distance of 64.46 feet to the north line of Lot 3, Block 15 of
said NEW FORD TOWN.
11-3
EXHIBIT B
Portions of 6301-6539 (Proposed Excess or Remnant Right-of-Way)
Cedar Avenue
All those parts of Lots 1 through 10 inclusive, Block 1, and
Lots 1 through 12, inclusive, Block 8, and Lots 3 through
12 inclusive, Block 15, according to the recorded plat
thereof, Hennepin County, Minnesota; lying westerly of the
following described line:
Beginning at the West Quarter Corner of Section 25,
Township 28 North, Range 24 West, Hennepin County,
Minnesota; thence northerly along the west line of the
Northwest Quarter of said Section 25, North 00 degrees 12
minutes 36 seconds East, a distance of 116.80 feet;
thence North 41 degrees 00 minutes 23 seconds East, a
distance of 22.55 feet; thence North 04 degrees 38
minutes 15 seconds East, a distance of 459.06 feet;
thence North 08 degrees 28 minutes 23 seconds East, a
distance of 188.35 feet; thence North 03 degrees 59
minutes 48 seconds East, a distance of 1019.41 feet;
thence North 00 degrees 10 minutes 57 seconds East, a
distance of 64.46 feet to the north line of Lot 3, Block 15 of
said NEW FORD TOWN.
1820 66th Street E Lots 1, 13, and the South 50 feet of Lot 2, Block 1, Iverson's
Third Addition, Hennepin County Minnesota
1800 66th Street E Lot 14, Block 1, Iverson's Third Addition, Hennepin County,
Minnesota
1720 66th Street E Lot 1, Block 4, Iverson's Third Addition, Hennepin County,
Minnesota
1714 66th Street E Lot 2, Block 4, Iverson's Third Addition, Hennepin County,
Minnesota
1708 66th Street E Lot 3, Block 4, Iverson's Third Addition, Hennepin County,
Minnesota
1700 66th Street E Lot 4, Block 4, Iverson's Third Addition, Hennepin County,
Minnesota
6328 Cedar Avenue S Lot 3 and the North 40 feet of Lot 2, Block 3, Iverson's Third
Addition, Hennepin County, Minnesota
6344 Cedar Avenue S Lot 1 and the South 60 feet of lot 2, Block 3, Iverson's Third
Addition, Henneoin County, Minnesota
6400 Cedar Avenue S Lot 6, Block 2, Iverson's Third Addition, Hennepin County,
Minnesota
6412 Cedar Avenue S Lots 4, 5, and the North % of Lot 3, Block 2, Iverson's Third
Addition, Hennepin County, Minnesota
6444 Cedar Avenue S Lots 1, 2 and the South % of Lot 3, Block 2, Iverson's Third
Addition, Hennepin County, Minnesota
6520 Cedar Avenue S Lot 4 and the South 71 feet of Lot 5, Block 1, Iverson's Third
Addition, Henneoin Countv, Minnesota
6315 18th Avenue S Lot 9, Block 3, Iverson's Third Addition, Hennepin County,
Minnesota
6321 18th Avenue S Lot 10, Block 3, Iverson's Third Addition, Hennepin County,
Minnesota
6327 18th Avenue S Lot 11, Block 3, Iverson's Third Addition, Hennepin County,
Minnesota
6333 18th Avenue S Lot 12, Block 3, Iverson's Third Addition, Hennepin County,
Minnesota
j I-~
6339 18th Avenue S Lot 13, Block 3, Iverson's Third Addition, Hennepin County,
Minnesota
6345 18th Avenue S Lot 14, Block 3, Iverson's Third Addition, Hennepin County,
Minnesota
6401 18th Avenue S Lot 7, Block 2, Iverson's Third Addition, Hennepin County,
Minnesota
6409 18th Avenue S Lot 8, Block 2, Iverson's Third Addition, Hennepin County,
Minnesota
6415 18th Avenue S Lot 9, Block 2, Iverson's Third Addition, Hennepin County,
Minnesota
6421 18th Avenue S Lot 10, Block 2, Iverson's Third Addition, Hennepin County,
Minnesota
6427 18th Avenue S Lot 11, Block 2, Iverson's Third Addition, Hennepin County,
Minnesota
6433 18th Avenue S Lot 12, Block 2, Iverson's Third Addition, Hennepin County,
Minnesota .
6439 18th Avenue S Lot 13, Block 2, Iverson's Third Addition, Hennepin County,
Minnesota
6445 18th Avenue S Lot 14, Block 2, Iverson's Third Addition, Hennepin County,
Minnesota
6509 18th Avenue S Lot 8, Block 1, Iverson's Third Addition, Hennepin County,
Minnesota
6515 18th Avenue S Lot 9, Block 1, Iverson's Third Addition, Hennepin County,
Minnesota
6521 18th Avenue S Lot 10, Block 1, Iverson's Third Addition, Hennepin County,
Minnesota
6527 18th Avenue S Lot 11, Block 1, Iverson's Third Addition, Hennepin County,
Minnesota
6533 18th Avenue S Lot 12, Block 1, Iverson's Third Addition, Hennepin County,
Minnesota
6314 18th Avenue S Lot 14, Block 6, Iverson's Third Addition, Hennepin County,
Minnesota
6320 18th Avenue S Lot 13, Block 6, Iverson's Second Addition, Hennepin County,
Minnesota
6326 18th Avenue S Lot 12, Block 6, Iverson's Second Addition, Hennepin County,
Minnesota
6332 18th Avenue S Lot 11, Block 6, Iverson's Second Addition, Hennepin County,
Minnesota
6344 18th Avenue S Lot 9, Block 6, Iverson's Second Addition, Hennepin County,
Minnesota
6400 18th Avenue S Lot 16, Block 5, Iverson's Second Addition, Hennepin County,
Minnesota
6408 18th Avenue S Lot 15, Block 5, Iverson's Second Addition, Hennepin County,
Minnesota
6414 18th Avenue S Lot 14, Block 5, Iverson's Second Addition, Hennepin County,
Minnesota
1614 66th Street E Lot 2, Block 5, Iverson's Third Addition, Hennepin County,
Minnesota
1620 66th Street E Lot 1, Block 5, Iverson's Third Addition, Hennepin County,
Minnesota
Between 6511 Cedar Avenue All of Lot 5, Block 1, New Ford Town, except the North 20 feet
and 6521 Cedar Avenue and except the South30 feet thereof.
Between 1820 East 66th All of Lot 2, Block 1, Iverson's Third Addition, except the South
Street and 6528 Cedar 50 feet and except the North 46 feet thereof.
Avenue
Between 6520 Cedar Avenue
South and 6500 Cedar Avenue
South
Between 6344 Cedar Avenue
South and 6528 Cedar Avenue
South
11- S-
Ail of Lot 5, Block 1, Iverson's Third Addition, except the South
71 feet and except the North 25 feet thereof.
All of Lot 2, Block 3, Iverson's Third Addition, except the South
60 feet and except the North 40 feet thereof.
All of the real property described above proposed to be platted as portions of Lots 1 - 8, Block 1,
Lots 1-4, Block 2, and Outlot A, Cedar Point Commons, Hennepin County, Minnesota. The real
property to be platted as Outlot A Cedar Point Commons shall be conveyed to the State of
Minnesota Department of Transportation and the remaining properties shall be conveyed to the
Housing and Redevelopment Authority for the City of Richfield.
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AGENDA SECTION:
AGENDA ITEM #
REpORT #
PUBLIC HEARINGS
12
150
........
STAFF REpORT
RICHFIELD
CITY COUNCIL MEETING
JULY 11, 2006
REpORT PREPARED By:
CHRISTINE COSTELLO, COMMUNITY
DEVELOPMENT SPECIALIST
NAME, TITLE
COUNCIL PRESENTER:
DEPARTMENT DIRECTOR
REVIEW:
~
M'
REVIEWED BY CITY
MANAGER:
ITEM FOR COUNCIL CONSIDERATION:
Public hearing regarding the final plat of the Cedar Point Commons development in the Cedar
Corridor Redevelo ment Area.
I. RECOMMENDED ACTION:
Conduct and close a public hearing and by motion: Approve a
resolution granting final approval of a subdivision for the Cedar Point
Commons ro"ect.
I II. BACKGROUND I
Ryan Companies US, Inc. (Ryan) is requesting approval of a final plat for the Cedar
Point Commons project, which is in the northwest quadrant of Trunk Highway 77
(TH 77) and 66th Street. The final plat proposes to divide the area into twelve lots
and 2 outlots. The principle lots will be occupied by the SuperTarget and Home
Depot buildings. Other lots will be occupied by a restaurant, a bank, seven smaller
multi-tenant buildings, and parking for 1,521 vehicles. One of the outlots was
created to facilitate the future conveyance of portions of property to the Minnesota
Department of Transportation (MnDOT) for the widening of the southbound 66th
Street on-ramp from TH 77. The remaining outlot provides additional land to Mount
Calvary School, which is adjacent to the development. The school will lose a small
amount of property along their frontage on 66th Street due to the bus pullout as part
071106 Cedar Point Final Plat
of the roundabout intersection. The bus pullout will be located in front of the school
parking lot. Outlot B is intended to offset the land the school lost as a result of the
bus pullout.
I III. BASIS OF RECOMMENDATION I
I A. POLICY I
. The necessary utility easements are established on the plat.
. The land necessary for the widening of the southbound 66th Street
on-ramp from TH 77 is designated in the plat as outlot A.
· The land necessary to replace the land lost for the bus pullout on 66th
Street from Mount Calvary School is designated in the plat as outlot B.
I B. CRITICAL ISSUES I
. The final plat shall not be released for recording until the property
contained within the plat is rezoned as provided in Transitory
Ordinance No. 2006-9.
· Ryan may file the plat by removing Lots 1 through 4, Block 2. If this is
done, Block 2 can not be subdivided or combined without submission
and approval of a separate plat.
· MnDOT and Hennepin County have both been given the State
mandated 30 days to review the proposed final plat and both have
approved the plat as proposed.
I C. FINANCIAL I
· Approval of the plat will facilitate the transfer of outlots A and B.
I D. LEGAL I
. Notice of the public hearing was published in the Sun Current on June
29, 2006.
· The City Attorney has reviewed the resolution and final plat.
I IV. ALTERNATIVE RECOMMENDATION(S)
. Approve the final plat with revisions.
. Do not approve the final plat.
I V. ATTACHMENTS
. Resolution
. Cedar Point Commons, Final Plat
I VI. PRINCIPAL PARTIES EXPECTED AT MEETING
. Ryan Companies US, Inc. - applicant
J ~-I
RESOLUTION NO.
RESOLUTION GRANTING FINAL APPROVAL OF A SUBDIVISION FOR
RYAN COMPANIES US, INC. AND THE CEDAR POINT COMMONS PROJECT.
WHEREAS, Ryan Companies, US, Inc., ("Applicant") has requested final approval
to combine and subdivide several tracts of land located generally south of 63rd Street and
north of 66th Street and west of Trunk Highway 77 (TH 77) and eastof 17th Avenue; in the
City of Richfield; and
WHEREAS, the proposed subdivision is to be known as CEDAR POINT
COMMONS; and
WHEREAS, a public hearing was held on the proposed final plat of CEDAR POINT
COMMONS on Tuesday, July 11, 2006 at which all interested persons were given the
opportunity to be heard; and
WHEREAS, the preliminary plat for the CEDAR POINT COMMONS was approved
by the City Council after a public hearing was held on June 13, 2006.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield,
as follows:
1. The proposed plat of CEDAR POINT COMMONS satisfies the requirements of
the City's subdivision ordinances, provided that the property contained within
the plat is rezoned as provided in Transitory Ordinance No. 2006-9.
2. Final approval is granted to the Applicants for the plat CEDAR POINT
COMMONS, in the following alternatives and subject to the conditions set forth
in paragraph 3 below:
1. The applicant may file the plat as presented, consisting of Lots 1
through 8, Block 1, Lots 1 through 4, Block 2, and Outlot A and B; or
2. The applicant may modify the plat by removing Lots 1 through 4, Block
2, and Outlot B from the final plat, in which case the properties in Block
2 and Outlot B may not be subdivided or combined without submission
and approval of a separate plat.
3. The approval given by this resolution is subject to the following conditions:
1. The final plat shall not be released for recording until the property
contained within the plat is rezoned as provided in Transitory
Ordinance No. 2006-9.
4. The Applicant must file the final plat with the Hennepin County Recorder or
Registrar of Titles, within six (6) months of the approval of this resolution. The
applicant has been granted an extension of Richfield City Code Section 500.29,
Subdivision 3, for recording of the plat.
Adopted by the City Council of the City of Richfield, Minnesota this 11th day of July,
2006.
Martin J. Kirsch, Mayor
ATTEST:
Nancy Gibbs, City Clerk
.
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AGENDA SECTION:
AGENDA ITEM #
REpORT #
OTHER BUSINESS
13
151
~
STAFF REpORT
RICHFIELD
CITY COUNCIL MEETING
REpORT PREPARED By:
COUNCIL PRESENTER:
REVIEWED By CITY
MANAGER:
rI
JULY 11, 2006
CHRIS REGIS, FINANCE MANAGER
NAME, TITLE
ITEM FOR COUNCIL CONSIDERATION:
Consideration of scheduling Special City Council meetings for 2007 Proposed/2006 Revised
Bud et and settin relimina tax lev .
0711 budget
Truth in Taxation statute requires that a preliminary levy be adopted by
the local units of government and certified to the County Auditor on or
before September 15 each year.
· In order to review the draft budget document with the City Council prior to
the September 15 deadline, it is necessary to establish at least one
special meeting.
lB. CRITICAL ISSUES I
· Because of the strict timeframe associated with the Truth in Taxation
process, this issue should be considered at the July 11, 2006 meeting
so that a date for special meetings may be established if the City
Council wishes to use that process.
I C. FINANCIAL I
· Draft budget documents will be available to Council Members on or
before August 10. This will allow some time for Council Members to
review the draft budget before the scheduled meetings.
I D. LEGAL I
· The Truth in Taxation statute requires that a preliminary levy be
adopted by local units of government and certified to the County
Auditor on or before September 15 of each year.
· The City Charter requires that the City Manager submit to the City
Council, at a special budget meeting, a budget and explanatory
budget message on or before September 15 of each year.
I IV. ALTERNATIVE RECOMMENDATION(S) I
· The City Council could schedule meetings on different dates than
those suggested.
· The City Council could schedule additional sessions than those
suggested.
· The City Council could decide not to schedule any budget meetings
and proceed with the preliminary levy at a regular City Council
meeting before September 15, 2006.
I V. ATTACHMENTS
. None
I VI. PRINCIPAL PARTIES EXPECTED AT MEETING
· None