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05-22-07 Regular CITY OF RICHFIELD, MINNESOTA TUESDAY, MAY 22,2007 ********************************************************************************************************** SPECIAL CITY COUNCIL WORKSESSION COUNCIL CHAMBERS 6700 PORTLAND AVENUE 6:00 P.M. AGENDA Call to order Roll call 6:00 - 6:50 p.m. 1. Discussion regarding Comprehensive Plan update (Council Memo No. 90) Notes: Adjournment ********************************************************************************************************** REGULAR CITY COUNCIL MEETING COUNCIL CHAMBERS 6700 PORTLAND AVENUE 7:00 P.M. AGENDA INTRODUCTORY PROCEEDINGS Call to order Roll call Open forum (15 minutes maximum) Each speaker is to keep their comment period to three minutes to allow sufficient time for others. Comments are to be an opportunity to address the Council on items not on the agenda. Individuals who wish to address the Council must have registered prior to the meeting. Notes: Pledge of Allegiance Approval of minutes of (1) Special City Council Worksession of May 8,2007 and (2) Regular City Council Meeting of May 8, 2007 PRESENTATIONS 1. Presentation of Certificates of Appreciation to Miss Richfield Ambassadors and Little Miss Richfield Ambassadors (Council Memo No. 91) 2. Presentation of Richfield Tourism Promotion Board, Inc. financial report for year ended December 31 , 2006 3. Presentation regarding National Public Works Week COUNCIL DISCUSSION 4. Council discussion . 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 the Consent Calendar and placed on the regular agenda for Council discussion and action. All items listed on the Consent Calendar are recommended for approval. A. Consideration of approval of resolution declaring adequacy of petition for vacation of Emerson Avenue street right-of-way; first reading of transitory ordinance to vacate Emerson Avenue street right-of-way; calling public hearing to consider request to vacate Emerson Avenue street right-of-way; and scheduling second reading for June 12, 2007 S.R. No. 127 B. Consideration of approval of resolution declaring adequacy of petition for vacation of street right-of-way (Easement NO.2 per document number 6417525); first readingof transitory ordinance to vacate street right-of-way (Easement NO.2 per document number 6417525); calling for public hearing to consider request to vacate streetright-of- way (Easement NO.2 per document number 6417525) and scheduling second reading for June 12, 2007 S.R. No. 128 C. Consideration of approval of resolution authorizing City Council not to waive monetary limits on statutory municipality tort liability S.R. No. 129 D. Consideration of approval of Minnesota Department of Transportation commercial lease (No. 27710) agreement for continued use of excess land along 1-494 adjacent to Best Buy Campus as parking lot and transit station S.R. No. 130 E. Consideration of approval of issuing temporary on-sale 3.2 percent malt liquor license and public dance license for Tropical Night at Church of the Assumption on June 2, 2007 S.R. No. 131 Notes: 7. Consideration of items, if any, removed from Consent Calendar Notes: PUBLIC HEARING 8. Public hearing regarding resolution authorizing amendment to planned unit development, final development plan and conditional use permit for Cedar Point Commons project for design and construction of TCF Bank at 6501 Richfield Parkway Staff Report No. 132 Notes: PROPOSED ORDINANCE 9. Consideration of second reading of amendment to Richfield City Code deleting Section 400.37 and adding Section 903 related to imposition of fees for certain emergency services and collection thereof pursuant to MN Statutes Sections 415.10, 366.011 and 366.012 Staff Report No. 133 Notes: RESOLUTIONS 10. Consideration of resolution providing for sale of $4,800,000 General Obligation Capital I mprovement Bonds, Series 2007 A Staff Report No. 134 Notes: 11. Consideration of resolution providing for sale of $4,250,000 General Obligation Improvement Bonds, Series 2007B Staff Report No. 135 Notes: OTHER BUSINESS 12. Consideration of recommended layout for 6300 block of Lyndale Avenue Staff Report No. 136 Notes: 13. Consideration of bid minutes/tabulation and award of contracts as recommended by Short Elliot Hendrickson for new Richfield Maintenance Facility in amount of $1,108,127 Staff Report No. 137 Notes: 14. Consideration of increased landscaping for 66th Street and Richfield Parkway roundabout and consideration of adopting policy for financing increased landscaping in public rights-of- way Staff Report No. 138 Notes: 15. Consideration of designating City Council Member(s) to attend 2007 National Organization to Insure a Sound-controlled Environment (N.O.I.S.E.) conference in Atlanta, GA from July 18-20, 2007 . Staff Report No. 139 Notes: RESOLUTION 16. Consideration of resolution amending off-street parking permit at 7431-7521 Lyndale Avenue (Gateway Apartments) to allow construction of garages Staff Report No. 140 Notes: CITY MANAGER'S REPORT 17. City Manager's report Notes: 18. 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: 19. Special City Council Closed Executive Session in Executive Conference Room regarding attorney-client discussion related to pending eminent domain litigation involving the Portland Holdings/Mr. Tire property located at Portland Avenue and 66th Street 20. Reconvene Regular City Council Meeting in Council Chambers to consider settlement agreement involving the pending eminent domain litigation involving the Portland Holdings/Mr. Tire property located at Portland Avenue and 66th Street Notes: 21. Adjournment of Regular City Council Meeting Auxiliary aids for individuals with disabilities are available upon request. Requests must be made at least 96 hours in advance to the City Clerk at 612-861-9738. AGENDA SECTION: AGENDA ITEM # REpORT # CONSENT 6A 127 ..... STAFF REpORT RICHFIELD CITY COUNCIL MEETING MAY 22, 2007 REpORT PREPARED By: CHRISTINE COSTELLO, COMMUNITY DEVELOPMENT SPECIALIST NAME, TInE COUNCIL PRESENTER: DEPARTMENT DIRECTOR REVIEW: REVIEWED By CITY MANAGER: ITEM FOR COUNCIL CONSIDERATION: Consideration ot the attached resolution declaring the adequacy ot petition tor the vacation ot Emerson Avenue street right-ot-way, conduct a tirst reading ot a Transitory Ordinance to vacate Emerson Avenue street right-ot-way, and call tor a public hearing to consider the request to vacate Emerson Avenue street right-ot-way, and schedule a second reading tor June 12, 2007. I. RECOMMENDED ACTION: By Motion: Adopt the attached resolution declaring the adequacy ot petition tor the vacation ot Emerson Avenue street right-ot-way; By Motion: Conduct a tirst reading ot a Transitory Ordinance to vacate Emerson Avenue street right-ot-way, and call tor a public hearing to consider the request to vacate Emerson Avenue street right-ot-way, and schedule a second readina tor June 12, 2007. I II. BACKGROUND I CSM Investors, Inc. (CSM) constructed the Shops at Lyndale shopping center in the mid- 1990s but did not replat the underlying land. CSM is currently in the process ot replatting the land and is requesting that the City vacate Emerson Avenue, located along the western edge ot the property. 052207 1 st Rdg Vacation Emerson The land area encompassed by Emerson Avenue is utilized by the Shops at Lyndale for parking and as a drive aisle to the shared entrance with the adjacent Meridian Crossings development. In 1994, the City Council approved a planned unit development plan and final development plan for the Shops at Lyndale shopping center that indicated that this area would be used for parking, access, and signage. At the time the Shops at Lyndale was developed, Public Works requested that Emerson Avenue be maintained as a public street in the event that future expansion plans for 1-494 required public access to the frontage road in this area. As of 2007, Public Works has determined that there is no longer a need to maintain this potential access point. On May 7,2007 the Richfield Housing and Redevelopment Authority (HRA) completed the sale and closing for Emerson Avenue from vacated 77th Street to 78th Street. The HRA approved this sale on October 18, 2004, with a vote of 4 to O. Since the sale has taken place the City can now proceed with the vacation of Emerson Avenue, ultimately resulting in CSM being able to plat the Shops at Lyndale development. I III. BASIS OF RECOMMENDATION I I A. POLICY I . Richfield City Charter Section 13.05 specifies procedures for the City Council to vacate a street or alley. . Richfield City Code Section 820.05 states that the Council will acknowledge receipt of any petition to vacate by resolution and set a date for a public hearing. (June 12, 2007 is recommended.) I B. CRITICAL ISSUES I . The area to be vacated extends from the center line of old 77th Street to the north right-of-way line of 1-494. . The area to be vacated is not needed for street purposes and is owned by CSM. . Approval of the requested street vacation will facilitate the replatting of the Shops at Lyndale property. . Private utilities were notified of the proposed vacation and any necessary private utility easements will be included in the transitory ordinance vacating the right-of-way. . In order to be determined adequate, the petition must be signed by the owners of half of the land abutting on the area to be vacated. Richfield City Code subsection 820.03. I C. FINANCIAL . N/A I D. LEGAL I . Legal notice will be published 10 days prior to the second reading and public hearing scheduled for June 12, 2007. . A mailed notice will be sent to affected property owners and residents for the second reading and public hearing on June 12, 2007. I IV. ALTERNATIVE RECOMMENDATION(S) I . Deny the requested vacation of street right-of-way. I V. ATTACHMENTS . Resolution . Draft City Council Transitory Ordinance to vacate the street right-of-way. . Petition signed by owners of half of the land abutting the area to be vacated. . Attachment A: Sketch showing the location of the area to be vacated. . Attachment B: Aerial photograph showing the approximate location of the area to be vacated. I VI. PRINCIPAL PARTIES EXPECTED AT MEETING . N/A tpA- ( RESOLUTION NO. RESOLUTION DECLARING ADEQUACY OF PETITION FOR VACATION OF A STREET RIGHT-OF-WAY AND CALLING FOR A PUBLIC HEARING ON THE REQUEST TO VACATE A STREET RIGHT-OF-WAY (EMERSON AVENUE) WHEREAS, the City has received a petition for the vacation of Right-of-Way legally described as follows: The west 30.00 feet of the north 240.00 feet of the East Half of the Southeast Quarter of the Southwest Quarter of the Southeast Quarter of Section 33, Township 28, Rnage 24, also known as Emerson Avenue South, per Book 2242 Deeds, page 425, Document No. 3214883 Together with that part of the west 30.00 feet of said East Half of the Southeast Quarter of the Southwest Quarter of the Southeast Quarter of Section 33 which lies southerly of said north 240.00 feet thereof and which lies northerly of the right of way line of Interstate No. 494 per Book 2408 Deeds, page 259, Document No. 3431114 Together with that part of Emerson Avenue South as dedicated in the plat of CLOVERLEAF ADDITION, accordIng to the recorded flat thereof, which lies southerly of the north line of the West Half of said Southeast Quarter 0 the Southwest Quarter of the Southeast Quarter of Section 33, Township 28, Range 24 and which lies northerly of the westerly extension of said northerly right of way line of Inferstate No. 494 per Book 2408 of Deeds, page 259, Document No. 3431114. All in Hennepin County, Minnesota; and WHEREAS, Richfield City Code Subsection 820.03 requires that a petition for vacation of a street or alley be signed by the owners of at least half of the land abutting the street or alley to be vacated; and WHEREAS, the owners of at least 50 percent of the land abutting on the street easement to be vacated have signed the petition for vacation of the street easement; and BE IT RESOLVED by the City Council of Richfield, Minnesota as follows: A certain petition requesting the vacation of a portion of Emerson Avenue, as described above, in the City of Richfield, filed with the City on , is declared to be signed by the owners of the required percentage of property affected thereby. This declaration is made in conformity with Richfield City Code Subsection 820.03. A public hearing on the proposed street right-of-way vacation is scheduled for June 12, 2007. The City Clerk is directed to publish notice of the public hearing in the City's official newspaper once at least ten days prior to the public hearing. The Zoning Administrator is directed to send a mailed notice to affected property owners at feast ten days prior to the public hearing. Adopted by the City Council of the City of Richfield, Minnesota this 22nd day of May, 2007. 1. 2. Debbie Goettel, Mayor ATTEST: Nancy Gibbs, City Clerk loJA.~~ BILL NO. TRANSITORY ORDINANCE NO. AN ORDINANCE VACATING PUBLIC RIGHT-OF-WAY EASEMENTS . (EMERSON AVENUE) THE CITY OF RICHFIELD DOES ORDAIN: Section 1: The following described lands are subject to the easements as described below for public street right-of-way purposes ("Street Easement"): That part of the west 30.00 feet of the East Half of the Southeast Quarter of the Southwest Quarter of the Southeast Quarter of Section 33, Township 28, Rnage 24, also known as Emerson Avenue South, lying northerly of the northerly right of way line of Interstate No. 494 per Document No. 3431114 Together with that part of Emerson Avenue South as dedicated in the plat of CLOVERLEAF ADDITION, according to the recorded plat thereof, which lies southerly of the north line of the West Half of said Southeast Quarter of the Southwest Quarter of the Southeast Quarter of Section 33 and which lies northerly of the westerly extension of said northerly right of way line of Interstate No. 494 per Document No. 3431114. All in Hennepin County, Minnesota Sec. 2: The City of Richfield has received a petition for the vacation of the Street Easement, and the City Council has determined the petition to be adequate by Resolution No. Sec. 3: The Street Easement is not open to public travel and is not required for access to the abutting properties. Sec. 4: The following public facilities are located in the Street Easement: gas and water. Sec. 5: The City has notified the service providers for gas, electric, telephone, and cable communications services of the proposed vacation, and the following facilities are reported to be located in the Street Easement: gas. Sec. 6: The Council finds that there is not a public need for the Street Easement. Sec. 7. The Applicant has agreed to grant the City an easement for the existing water main by a separate instrument and the easement for the water main will not be needea once that instrument is recorded. Sec. 8: The Street Easement is vacated reserving, however, easements in favor of the public as follows: (a) an easement for gas line purposes over the west 20 feet and the north 30 feet of the portion of Emerson Avenue being vacated; and (b) a temporary easement for water main purposes over the entire vacated area, said temporary easement shall automatically expire upon the recording of an instrument executed by the City that specifically references the termination of the easement reserved in this Ordinance No. _' Sec. 7: The vacation of the Street Easement is effective 30 days following publication of this ordinance. The City Clerk is directed to prepare a certificate of completion of vacation proceedinQs and to record the vacation in the office of the Hennepin County Registrar of Titles or Hennepin County Recorder, as appropriate. Passed by the City Council of the City of Richfield, Minnesota this 12th day of June, 2007. Debbie Goettel, Mayor ATTEST: . Nancy Gibbs, City Clerk . \f~lli~ & f1r-?J PETITION FOR VACATION OF STREETS, ALLEYS, AND PUBLIC GROUNDS To: Richfield City Council We, the undersigned owners of land abutting EMERSON AVENUE SOUTH as described in the Exhibit A attached hereto and made a part hereof, hereby petition that such public land be vacated by the City of Richfield. *Signature CSM INVESTORS, INC. 500 Washington Avenue South, Suite 300Q, Minnea olis, MN 55415 BY: Michele Foster, Vice President Address (please print clearly) 1000, 1100, 1150 West 78th Street, Richfield, Minnesota. * Signatures may not be removed after the petition is submitted to the City. &11-'-/ EXHIBIT A (pETITION FOR VACATION OF PORTION OF EMERSON AVENUE SOUTH) Parcell: That part of the West 3b.00 feet ofthe East Half ofthe Southeast Quarter of the Southwest Quarter of the Southeast Quarter of Section 33, Township 28, Range 24, also known as Emerson Avenue South, and lying northerly ofthe northerly right-of-way line of Interstate No. 494 per Document No. 3431114, filed in Book 2408 of Deeds, page 259, including but not limited to the street easement over the West 30.00 feet ofthe North 240.00 feet ofthe East Half ofthe Southeast Quarter of the Southwest Quarter of the Southeast Quarter of Section 33, Township 28, Range 24, dedicated to the City of Richfield by deed recorded in Book 2242 of Deeds, page 425, as Document No. 3214863, Hennepin County Recorder. Parcel 2: That part of Emerson Avenue South as dedicated in the plat of CLOVERLEAF ADDITION, according to the recorded plat thereof, which lies southerly of the North line of the West Half of the Southeast Quarter of the Southwest Quarter of the Southeast Quarter of Section 33, Township 28, Range 24, and which lies northerly of the westerly extension of the northerly right-of-way line of Interstate No. 494 per Document No. 3431114, filed in Book 2408 of Deeds on page 259, Office of County Recorder, Hennepin County, Minnesota. Parcel 3: (Public Street Right-of-Way- No.2 created in Document No. 6417525) That part ofthe Public Street Right-of-Way- No.2 as created in Document No. 6417525, Office of County Recorder, Hennepin County, Minnesota, and described as that part of the following-described property: That part of the South 85.00 feet ofthe West Half ofthe East Half ofthe Northeast Quarter ofthe Southwest Quarter ofthe Southeast Quarter of Section 33, Township 28, Range 24, Hennepin County, Minnesota, described as Commencing at the Southeast corner of the Northeast Quarter of Southwest Quarter of Southeast Quarter of said Section 33; thence South 89 degrees 41 minutes 41 seconds West, assumed bearing, along the South line of said Northeast Quarter of Southwest Quarter of Southeast Quarter, 86.58 feet to the point of beginning ofthe parcel to be described; thence northwesterly 187.04 feet along a non-tangential curve concave to the northeast having a radius of 610.33 feet and a central angle of 17 degrees 33 minutes 32 seconds, the chord of said curve bears North 63 degrees 29 minutes 13 seconds West; thence South 38 degrees 06 minutes 35 seconds West, not tangent to said curve, 32.47 feet; thence Southerly along a tangential curve concave to the East having a radius of 120.00 feet to the South line of said Northeast Quarter of Southwest Quarter of Southeast Quarter; thence North 89 degrees 41 minutes 41 seconds East along said South line to the point of beginning, which is described as beginning at the most northerly corner of the above-described property; thence Southeasterly a distance of 29.20 feet along the northeasterly line of said above-described property, on a curve to the left with a radius of 610.33 feet and a central angle of 02 degrees 44 minutes 30 seconds and a chord bearing of South 55 degrees 52 minutes 51 seconds East, assumed bearing; thence westerly and southwesterly 29.73 feet on a curve to the left with a radius of 20.00 feet and a central angle of 85 degrees 10 minutes 56 seconds, and a chord bearing of South 80 degrees 09 minutes 26 seconds West; thence South 37 degrees 33 minutes 58 seconds West 66.59 feet to a point on the West line of said above-described property; thence northeasterly 53.95 feet along said West line on a curve to the right with a radius of 120.00 feet and a central angle of25 degrees 45 minutes 30 seconds, and a chord bearing of North 25 degrees 25 minutes 40 seconds East; thence North 38 degrees 18 minutes 25 seconds East 32.47 feet along said West line to the point of beginning. (oft ~5' Parcel 4: Any portion of Emerson Avenue South lying within the following-described property not included in Parcel 3 described above: That part of the South 85.00 feet ofthe West Half ofthe East Half of the Northeast Quarter of the Southwest Quarter of the Southeast Quarter of Section 33, Township 28, Range 24, Hennepin County, Minnesota, described as Commencing at the Southeast corner of the Northeast Quarter of Southwest Quarter of Southeast Quarter of said Section 33; thence South 89 degrees 55 minutes 12 seconds West, assumed bearing, along the South line of said Northeast Quarter of Southwest Quarter of Southeast Quarter, 86.58 feet to the point of beginning of the parcel to be described; thence northwesterly 187.04 feet along a non-tangential curve concave to the northeast having a radius of 61 0.33 feet and a central angle of 17 degrees 33 minutes 32 seconds, the chord of said curve bears North 63 degrees 15 minutes 42 seconds West; thence South 38 degrees 20 minutes 06 seconds West, not tangent to said curve, 32.47 feet; thence Southerly along a tangential curve concave to the East having a radius of 120.00 feet to the South line of said Northeast Quarter of Southwest Quarter of Southeast Quarter; thence North 89 degrees 55 minutes 12 seconds East along said South line to the point of beginning, which is described as beginning at the most northerly corner ofthe above-described property; thence Southeasterly a distance of 29.20 feet along the northeasterly line of said above-described property, on a curve to the left with a radius of 61 0.33 feet and a central angle of 02 degrees 44 minutes 30 seconds and a chord bearing of South 55 degrees 51 minutes 07 seconds East; thence westerly and southwesterly 29.73 feet on a curve to the left with a radius of 20.00 feet and a central angle of 85 degrees 10 minutes 56 seconds, and a chord bearing of South 80 degrees 22 minutes 57 seconds West; thence South 37 degrees 47 minutes 29 seconds West 66.02 feet to a point on the West line of said above-described property; thence northeasterly 53.25 feet along said West line on a curve to the right with a radius of 120.00 feet and a central angle of25 degrees 25 minutes 22 seconds, and a chord bearing of North 25 degrees 37 minutes 25 seconds East; thence North 38 degrees 20 minutes 06 seconds East 32.47 feet along said West line to the point of beginning. fofl--(o Attachment A 900 I East Bloomington Freeway (35W) Suite 118 Bloomington. Minnesota 55420-3435 Business: 952-881-2455 FAX: 952-888-9526 Sunde Land Surveying, LLC. Vacation .Description Sketch For: , ' ~CORPORAJ'JON : -~--:~~:a \, .1<~,;. vbq". (gf) " l!s ~:l -rJ Ilfllf l!sl!s ~~ !!illf l!sl!s ~~ ;i~ PROPOSED VACATION DESCRIPTION That port of the west 30.00 feet of the East Half of the Southeast Quarter of the Southwest Quarter of the Southeast Quarter of Section 33, Township 28, Range 24, also known. as Emerson Avenue South, lying northerly of the northerly right of way line of Interstate No. 494 per Document No. 3431 I 14. Together with that part of Emerson Avenue South as dedicated 1n the plot of CLOVERLEAF ADDITION, according to the recorded plot thereof, which lies southerly of the north line of the West Half of sold Southeast Quarter of the Southwest Quarter of the Southeast Quarter of Section 33 and which lies northerly of the westerly extension of 80ld northerly right of way line of Interstate No. 494 per Document No. 3431 I 14, AIi In Hennepin County, Mlnne80ta. EXISrlNG BUILOING Ll cS "'.... " , ...~ L,.j (f) L,.j ~.... c::::::> ~..... 1-, L, cS ~~ , ...~ We hereby certify that this sketch, plan or report was prepared by me or under my Instruction and that I om o duly Registered Land Surveyor under the lows of the State of Mlnnesat.a. Doted this 27th day of October, 2003 SUNDE LAND SURVEYING, LLC. By. Scott J. Soukup, R.L.S. Minn. Reg. No. 17256 HIGHWA Y 494 - ! o CD II 'fi .5 L,j N'L Y R/W LINE OF INTERSTATE NO. 494 PER DOC. NO. 343 I 114 NS9.52'32"E 359./3 m_m__ NO. .;.; ;;! I.) (I) Attachment B CoR~ / Vacation of Emerson Avenue o 60 120 - - 240 Feet 2 October 2004 AGENDA SECTION: AGENDA ITEM # REpORT # CONSENT 6B 128 ..... STAFF REpORT RICHFIELD CITY COUNCIL MEETING MAY 22, 2007 REpORT PREPARED By: CHRISTINE COSTELLO, COMMUNITY DEVELOPMENT SPECIALIST NAME, TITLE COUNCIL PRESENTER: DEPARTMENT DIRECTOR REVIEW: ~ lit' REVIEWED BY CITY MANAGER: ITEM FOR COUNCIL CONSIDERATION: Consideration of the attached resolution declaring the adequacy of petition for the vacation ot street right-ot-way (Easement NO.2 per Document Number 6417525), conduct a first reading of a Transitory Ordinance to vacate street right-of-way (Easement No.2 per Document Number 6417525), and call for a public hearing to consider the request to vacate street right- of-way (Easement No.2 per Document Number 6417525), and schedule a second reading for June 12, 2007. 1. RECOMMENDED ACTION: By Motion: Adopt the attached resolution declaring the adequacy ot petition tor the vacation ot street right-ot-way (Easement No. 2 per Document Number 6417525); By Motion: Conduct a tirst reading ot a Transitory Ordinance to vacate street right-ot-way (Easement No.2 per Document Number 6417525), and call tor a public hearing to consider the request to vacate street right-ot-way (Easement No.2 per Document Number 6417525), and schedule a second reading tor June 12, 2007. 052207 1 st Rdg Vacation of Easement NO.2-Emerson I II. BACKGROUND I CSM Investors Inc., (CSM) constructed the Shops at Lyndale shopping center in the mid- 1990s. CSM is currently in the process of replatting the land and is requesting that the City vacate a remnant street right-of-way easement that is no longer necessary. The remnant street-right-of-way easement that will be vacated is in the northwest corner of the property where the entrance to the Shops at Lyndale used to intersect 77th Street. Vacation of this street right-of-way easement will eliminate an unnecessary easement and facilitate the replatting of the property. I III. BASIS OF RECOMMENDATION I I A. POLICY I . Richfield City Charter Section 13.05 specifies procedures for the City Council to vacate a street or alley. . Richfield City Code Section 820.05 states that the Council will acknowledge receipt of any petition to vacate by resolution and set a date for a public hearing. (June 12, 2007 is recommended.) I B. CRITICAL ISSUES I . The area to be vacated covers approximately 822 square feet. . The area to be vacated is not needed for street purposes and is land owned by CSM. . Approval of the requested street vacation will facilitate the replatting of the Shops at Lyndale property. . Private utilities were notified of the proposed vacation and any necessary private utility easements will be included in the transitory ordinance vacating the right-of-way. . A City-owned storm sewer runs under the area to be vacated and will not be affected by the vacation. . In order to be determined adequate, the petition must be signed by the owners of half of the land abutting on the area to be vacated. Richfield City Code subsection 820.03. I C. FINANCIAL . N/A I D. LEGAL I . Legal notice will be published 10 days prior to the second reading and public hearing scheduled for June 12, 2007. . A mailed notice will be sent to affected property owners and residents for the second reading and public hearing on June 12, 2007. I IV. ALTERNATIVE RECOMMENDATION(S) I . Deny the requested vacation of remnant street right-of-way. I V. ATTACHMENTS . Resolution . Draft City Council Transitory Ordinance to vacate the street right-of-way. . Petition signed by owners of half of the land abutting the area to be vacated. . Attachment A: Sketch showing the location of the area to be vacated. . Attachment B: Aerial photograph showing the approximate location of the area to be vacated I VI. PRINCIPAL PARTIES EXPECTED AT MEETING . N/A (Pt)- ( RESOLUTION NO. RESOLUTION DECLARING ADEQUACY Of PETITION fOR VACATION Of A STREET RIGHT-Of-WAY AND CALLING fOR A PUBLIC HEARING ON THE REQUEST TO VACATE A STREET RIGHT-Of-WAY. WHEREAS, the City has received a petition for the vacation of Right-of-Way Number 2 as created by Document Number 6417525; and WHEREAS, Richfield City Code Subsection 820.03 requires that a petition for vacation of a street or alley be signed by the owners of at least half of the land abutting the street or alley to be vacated; and WHEREAS, the owners of 50 percent of the land abutting on the street easement to be vacated have signed the petition for vacation of the street easement. BE IT RESOLVED by the City Council of Richfield, Minnesota as follows: 1. A certain petition requesting the vacation of Right-of-Way Number 2 as created by Document Number 6417525 in the City of Richfield, filed With the City on September 4, 2003, is declared to be signed by the owners of the required percentage of property affected thereby. This declaration is made in conformity with Richfield City Code Subsection 820.03. 2. A public hearing on the proposed street right-of-way vacation is scheduled for June 12, 2007. The City Clerk is directed to publish notice of the public hearing in the City's official newspaper once at least ten days prior to the public hearing. The Zoning Administrator is directed to send a mailed notice to affected property owners at least ten days prior to the public hearing. Adopted by the City Council of the City of Richfield, Minnesota this 22nd day of May, 2007. Debbie Goettel, Mayor ATTEST: . Nancy Gibbs, City Clerk (p 8- '). BILL NO. TRANSITORY ORDINANCE NO. AN ORDINANCE VACATING PUBLIC RIGHT-OF-WAY EASEMENTS (Street Easement #2 as created by Document #6417525) THE CITY OF RICHFIELD DOES ORDAIN: Section 1: The following described lands are subject to the easements as described below for public street right-of-way purposes ("Street Easement"): "Right of Way easement NO.2 as created by Doc. No. 6417525" Sec. 2: The City of Richfield has received a petition for the vacation of the Street Easement, and the City Council has determined the petition to be adequate by Resolution No. Sec. 3: The Street Easement is not open to public travel and is not required for access to the abutting properties. Sec. 4: There is a City-owned storm sewer facility that runs under the Street Easement. The vacation of the Street Easement will not affect this storm sewer. Sec. 5: The City has notified the service providers for gas, electric, telephone, and cable communications services of the proposed vacation, and the following facilities are reported to be located in the Street Easement: Qwest buried phone cable and Xcel Energy electric lines. Sec. 6: The Council finds that there is not a public need for the Street Easement but that there is a continuing need for an easement for electric and telephone and telecommunications purposes over the Street Easement. Sec. 7: The Street Easement is vacated reserving, however, to the public an easement for electric and telephone/telecommunications purposes. Sec. 8: The vacation of the Street Easement is effective 30 days following publication of this ordinance. The City Clerk is directed to prepare a certificate of completion of vacation proceedings and to record the vacation in the office of the Hennepin County Registrar of Titles or Hennepin County Recorder, as appropriate. Passed by the City Council of the City of Richfield, Minnesota this 12th day of June, 2007. Debbie Goettel, Mayor ATTEST: Nancy Gibbs, City Clerk (p {?- :? . PETITION FOR VACATION OF STREETS, ALLEYS, AND PUBLIC GROUNDS tS'~f&%;;iWlw?~ To: Richfield City Council We, the undersigned owners of land abutting EMERSON AVENUE SOUTH as described in the Exhibit A attached hereto and made a part hereof, hereby petition that such public land be vacated by the City of Richfield. *Signature Address (please print clearly) 1000, 1100, 1150 West 78th Street, Richfield, Minnesota. CSM INVESTORS7 INC. 500 W ashington Avenue South, Suite 300Q, Minnea olis, MN 55415 BY: Michele Foster, Vice President * Signatures may not be removed after the petition is submitted to the City. l.? e,-tf EXHIBIT A (pETITION FOR VACATION OF PORTION OF EMERSON AVENUE SOUTH) Parcell: That part of the West 3b.00 feet of the East Half of the Southeast Quarter ofthe Southwest Quarter of the Southeast Quarter of Section 33, Township 28, Range 24, also known as Emerson Avenue South, and lying northerly of the northerly right-of-way line of Interstate No. 494 per Document No. 3431114, filed in Book 2408 of Deeds, page 259, including but not limited to the street easement over the West 30.00 feet ofthe North 240.00 feet of the East Half ofthe Southeast Quarter of the Southwest Quarter ofthe Southeast Quarter of Section 33, Township 28, Range 24, dedicated to the City of Richfield by deed recorded in Book 2242 of Deeds, page 425, as Document No. 3214863, Hennepin County Recorder. Parcel 2: That part of Emerson Avenue South as dedicated in the plat of CLOVERLEAF ADDITION, according to the recorded plat thereof, which lies southerly of the North line of the West Half of the Southeast Quarter of the Southwest Quarter of the Southeast Quarter of Section 33, Township 28, Range 24, and which lies northerly ofthe westerly extension ofthe northerly right-of-way line of Interstate No. 494 per Document No. 3431114, filed in Book 2408 of Deeds on page 259, Office of County Recorder, Hennepin County, Minnesota. Parcel 3: (Public Street Right-of-Way- No.2 created in Document No. 6417525) That part ofthe Public Street Right-of-Way- No.2 as created in Document No. 6417525, Office of County Recorder, Hennepin County, Minnesota, and described as that part of the following-described property: That part of the South 85.00 feet of the West Half ofthe East Half ofthe Northeast Quarter ofthe Southwest Quarter ofthe Southeast Quarter of Section 33, Township 28, Range 24, Hennepin County, Minnesota, described as Commencing at the Southeast comer of the Northeast Quarter of Southwest Quarter of Southeast Quarter of said Section 33; thence South 89 degrees 41 minutes 41 seconds West, assumed bearing, along the South line of said Northeast Quarter of Southwest Quarter of Southeast Quarter, 86.58 feet to the point of beginning of the parcel to be described; thence northwesterly 187.04 feet along a non-tangential curve concave to the northeast having a radius of 610.33 feet and a central angle of 17 degrees 33 minutes 32 seconds, the chord of said curve bears North 63 degrees 29 minutes 13 seconds West; thence South 38 degrees 06 minutes 35 seconds West, not tangent to said curve, 32.47 feet; thence Southerly along a tangential curve concave to the East having a radius of 120.00 feet to the South line of said Northeast Quarter of Southwest Quarter of Southeast Quarter; thence North 89 degrees 41 minutes 41 seconds East along said South line to the point of beginning, which is described as beginning at the most northerly comer of the above-described property; thence Southeasterly a distance of 29.20 feet along the northeasterly line of said above-described property, on a curve to the left with a radius of 61 0.33 feet and a central angle of 02 degrees 44 minutes 30 seconds and a chord bearing of South 55 degrees 52 minutes 51 seconds East, assumed bearing; thence westerly and southwesterly 29.73 feet on a curve to the left with a radius of20.00 feet and a central angle of85 degrees 10 minutes 56 seconds, and a chord bearing of South 80 degrees 09 minutes 26 seconds West; thence South 37 degrees 33 minutes 58 seconds West 66.59 feet to a point on the West line of said above-described property; thence northeasterly 53.95 feet along said West line on a curve to the right with a radius of 120.00 feet and a central angle of25 degrees 45 minutes 30 seconds, and a chord bearing of North 25 degrees 25 minutes 40 seconds East; thence North 38 degrees 18 minutes 25 seconds East 32.47 feet along said West line to the point of beginning. {p e,.6 Parcel 4: Any portion of Emerson Avenue South lying within the following-described property not included in Parcel 3 described above: That part of the South 85.00 feet ofthe West Half of the East Half ofthe Northeast Quarter of the Southwest Quarter of the Southeast Quarter of Section 33, Township 28, Range 24, Hennepin County, Minnesota, described as Commencing at the Southeast comer of the Northeast Quarter of Southwest Quarter of Southeast Quarter of said Section 33; thence South 89 degrees 55 minutes 12 seconds West, assumed bearing, along the South line of said Northeast Quarter of Southwest Quarter of Southeast Quarter, 86.58 feet to the point of beginning ofthe parcel to be described; thence northwesterly 187.04 feet along a non-tangential curve concave to the northeast having a radius of 61 0.33 feet and a central angle of 17 degrees 33 minutes 32 seconds, the chord of said curve bears North 63 degrees 15 minutes 42 seconds West; thence South 38 degrees 20 minutes 06 seconds West, not tangent to said curve, 32.47 feet; thence Southerly along a tangential curve concave to the East having a radius of 120.00 feet to the South line of said Northeast Quarter of Southwest Quarter of Southeast Quarter; thence North 89 degrees 55 minutes 12 seconds East along said South line to the point of beginning, which is described as beginning at the most northerly comer ofthe above-described property; thence Southeasterly a distance of 29.20 feet along the northeasterly line of said above-described property, on a curve to the left with a radius of 61 0.33 feet and a central angle of 02 degrees 44 minutes 30 seconds and a chord bearing of South 55 degrees 51 minutes 07 seconds East; thence westerly and southwesterly 29.73 feet on a curve to the left with a radius of20.00 feet and a central angle of85 degrees 10 minutes 56 seconds, and a chord bearing of South 80 degrees 22 minutes 57 seconds West; thence South 37 degrees 47 minutes 29 seconds West 66.02 feet to a point on the West line of said above-described property; thence northeasterly 53.25 feet along said West line on a curve to the right with a radius of 120.00 feet and a central angle of 25 degrees 25 minutes 22 seconds, and a chord bearing of North 25 degrees 37 minutes 25 seconds East; thence North 38 degrees 20 minutes 06 seconds East 32.47 feet along said West line to the point of beginning. to f)- (P SCALE: ~ Inch' = 40 Feet -- ~ t-...: ' V') ~ f/ ~ i /'1' w:;:'" I V1' ..... - u-~w 0.....(1) cr4.W..., WOI..., Z I- cr"'4.0 O'OW U- (I) WW"'L... (I) Z ~O OUPON T A VE: S. , , I ...........'7.................................................. ~ N -ro -lI1 :g..o a,0Cl ro tn .,:::',:1. :<.":- :",' t) f "''''. ...... "':{"'': ~!.:: ...... (,/.; It ~ If ~~ """ ~ ~~) , , \t: ^:> ~ -~ "" - ~ o l"\,. V '"> 0 V) ~ ~~. ."':lcG-'.-- ;;?~ p;;; ~~ If v-.Jc% " ~ r:..i >'" c.~ ....! ~ 4 . ........................r..................~.;................ .,.~ . . I..J VI "} ''') ~ ~ ~ bw ~!=::l blJ~ :s.:: ",,~J....: ~~" C)Se) ~~V) ~Q:)~ ~e~ ti l'J (,'j c's 3: t.3 l'J ~ r: r-- (:1 ..., ~ 'to ES u,lI1c:l ~~ NNII ~t"j0 .. NlI1tr II II~ <l _J(J 1 gg , , , , , , o ..., / V 1J.1Y.L PROPOSED PUBLIC DESCRIPTION That port of the F as created in Dac. That port of the f That part of tr half of the eas of the Southwe Quarter of Sect Hennepin Count commencing th Northeast Ouar the Sou theost I Sou th 89 degr€ assumed beorin Northeast Quar Sou theast Quor beginning of th northwesterl y I curve concave of 610.33 feet 33 minutes 32 bears North 63 West; thence S seconds West. feet; thence sc concave to the to the south Ii, Southwest Quar North 89 degre along said sout ~.. "J l'J ,< >- (:j Described as begin the above describe distance of 29.20 said above describ~ with 0 radius of 6 degrees 44 minute South 55 degrees wester! y and sou th the left with a rod angle of 85 degree chord bearing of S seconds West; ther seconds West 66,0 of said above desc 53.25 feet along s with a radius of ,; degrees 25 minu te~ of North 25. degree thence North 38 d. 32.47 feet along s, beginning. We hereby certify prepared by me I a duly Registered State of Minnesal it . - , ' , , , . ., F~ "J >. :c q :~ Dated this 14th I ~ SUNDE LAND SUR By: -.4lr~~ Scott 'f~t; L:"/~:E~;;/SC/./ 1\ I /r- n VL:. ::.:. Attachment A (p {3-1 Attachment B Emerson Avenue to be Vacated - - 100 Feet 2 o 25 50 October 2004 042407 1 st Rdg Vacation of Easement No.2-Emerson AGENDA SECTION: AGENDA ITEM # REpORT # CONSENT 6C 129 ...... STAFF REpORT RICHFIELD CITY COUNCIL MEETING MAy 22, 2007 REpORT PREPARED By: STEVEN L. DEVICH, CITY MANAGER NAME, TI1U COUNCIL PRESENTER: REVIEWED By Cny MANAGER: [if ~ ITEM FOR COUNCIL CONSIDERATION: Consideration of a resolution authorizing the City not to waive the monetary limits on statutory municipalitv tort liabilitv I. RECOMMENDED ACTION: ay Motion: Adopt a resolution authorizing the City Council not to waive the monetary Iimit~ on municipal tort liability established by Minnesota Statutes 466.04. I II. BACKGROUND I The City purchases its insurance from the League of Minnesota Cities Insurance Trust (LMCIT). A requirement of that insurance coverage is that each participating municipality must annually either affirm or waive its statutory limits of liability. This action must be taken before July 1 of each year. The current statutory limits of liability for Minnesota cities are $300,000 for an individual claimant and $1,000,000 per occurrence. Cities can waive those limits by allowing an individual claimant to recover more than $300,000, up to the $1,000,000 occurrence limit or more if limits are waived and excess liability insurance is purchased. They may also waive the per occurrence limit and purchase excess liability insurance. Historically, Richfield has not waived its limits of liability. This is historically true of slightly more than half of the cities in Minnesota. Richfield has also elected not to purchase excess liability coverage for the past several years. 0522 Tort Liability The cost of excess liability insurance has been, and continues to be very expensive. An additional $1,000,000 of coverage would cost in excess of $55,000 annually. Moreover, buying the coverage may expose the City to liability exposure in excess of the statutory $1,000,000 cap. I III. BASIS OF RECOMMENDATION I I A. POLICY I . The State Statute establishing liability limits for cities at the current $1,000,000 level was established fairly recently and appears to be a reasonable limit. . Historically, the majority of municipalities in Minnesota are not waiving the monetary limits on municipality tort liability as was established by Statutes 466.04. . The Council could waive its statuary limits in future years if a decision was made to do so. . The City Council may also wish to further consider purchasing excess liability in the future. If this is the case it may be purchased at any point in the future. lB. CRITICAL ISSUES I . The City's insurance policy with the League of Minnesota Cities Insurance Trust will renew on July 1,2007. This action must be completed on, or before that time. I C. FINANCIAL I . The City has historically not purchased excess liability coverage because of the cost of such coverage. The annual premium for $1 million of coverage . would be between $55,000 and $65,000 if the City does not waive its liability limits. I D. LEGAL I . The tort liability limits established by Minnesota Statutes have protected cities historically and no Minnesota court has ever established a monetary award in excess of the statutory limits against a municipality. . Each city must annually decide whether the City would voluntarily waive the statute for both the single claims each occurrence limits. I IV. ALTERNATIVE RECOMMENDATION(S) I . If the Council feels that any single claimant should receive more than the $300,000 limit, the Council could elect to waive the statutory monetary limits. . If the Council feels that the $1,000,000 per occurrence limit is not adequate, the City could purchase excess liability coverage and subsequently waive the limits of liability up to the amount of excess coverage purchased by the City. I V. ATTACHMENTS . Resolution. I VI. PRINCIPAL PARTIES EXPECTED AT MEETING . None. (pc, -I RESOLUTION NO. RESOLUTION AFFIRMING MUNICIPAL TORT LIABILITY LIMITS ESTABLISHED BY MINNESOTA STATUTES 466.04 WHEREAS, Minnesota Statute 466.04 provides for Municipal. tort liability limits for Minnesota cities; and WHEREAS, the League of Minnesota Cities Insurance Trust has asked that each city review the tort liability limits and determine ifthe respective city would choose to waive it's limits; and WHEREAS, such decision to affirm or waive the tort liability limits must be filed with the League of Minnesota Cities Insurance Trust at the insurance renewal date. NOW, THEREFORE, BE IT RESOLVED that the City Manager is directed to report to the League of Minnesota Cities Insurance Trust that the Richfield City Council does not waive the monetary limits on the municipal tort liability established by Minnesota statutes 466.04. Adopted by the City Council of the City of Richfield, Minnesota this 22nd day of May 2007. Debbie Goettel, Mayor ATTEST: Nancy Gibbs, City Clerk AGENDA SECTION: AGENDA ITEM # REpORT # CONSENT 6>> 130 STAFF REpORT R1GHfIE I.I3 CITY COUNCIL MEETING MAY.22, 2007 REpORT PREPARED By: THOMAS FOLEY, TRANSPORTATION ENGINEER NAME. TITLE COUNCIL PRESENTER: DEPARTMENT DIRECTOR REVIEw: REVIEWED By CITY MANAGER: ITEM FOR COUNCIL CONSIDERATION: Consideration of renewal of commercial lease with Minnesota Department of Transportation for use of excess land along 1-494 adjacent to the Best Buy Campus for continued use as a parkinQlot and transit station. 1. .. RECOMMENDED ACTION: By Motion: Approve Minnesota Department of Transportation lease agreement No. 2771 0 for continued use of excess land along 1-494. next to Besf Buv Campus. I II. BACKGROUND j On January 13, 2004 Council approved original commercial lease agreement no. H- 06048 for surplus land along 1-494 adjacentto the Best BuyCampus. This land amounting to almost 62,000 square feet combined with land purchased from the Best Buy Company has been used as a parking lot by Best Buy; and a park-n-ride lot and transit station by Metro Transit. The attached lease agreement permits the continued use of the Mn/DOT property for the same uses as before for a period of five years. The new lease will become effective on August 31, 2007. The lease can also be renewed for periods of five years until such time that Mn/DOT needs the land to reconstruct 1-494. 0522 RALF Lease I III. BASIS OF RECOMMENDATION I I A. POLICY I . The proposed lease agreement furthers the City's policy to preseNe transportation infrastructure. The excess 494 right of way covered by the agreement will only be used for surface parking and a transit station until the land is needed to rebuild 1-494. I B. CRITICAL ISSUES . None I C. FINANCIAL I . Approval of the lease will have no impact on City finances. ID. LEGAL I . The City Attorney has reviewed the lease agreement. I IV. ALTERNATIVE RECOMMENDATION(S) I . None. The lease continues to permit existing uses of the property. I V. ATTACHMENTS I . Amendment of Commercial Lease No.1, Lease No. 27710 of the Minnesota Department of Transportation . Map of excess land covered by the proposed lease I VI. . PRINCIPAL PARTIES EXPECTED AT MEETING . None anticipated lRO-1 Minnesota Department of Transportation Metro District 1500 W. County Road B2 Roseville, MN 55113 651-582-1321 C.S.: PARCEL: 2732 (5=111) 902 0017 LEASE NO.: OLD LEASE NO.: 27710 H-06048 AMENDMENT OF COMMERCIAL LEASE NO.1 THIS AGREEMENT, is made by and between the State of Minnesota, Department of Transportation ("Landlord") and City of Richfield ("Tenant"), and shall be an amendment and addition to Lease No. H-06048. WITNESSETH: WHEREAS, Landlord and Tenant entered into Lease No. H-06048 ("Lease") involving the rental of commercial property; WHEREAS, the parties deem certain amendments and additional terms and conditions mutually beneficial for the effective continuation of said Lease; and NOW THEREFOR, Landlord and Tenant agree to substitution and/or addition of the following terms and conditions which shall become a part of the Lease No. H-06048, effective as of the date set forth hereinafter. 1. Effective on August 31., 2007, this Lease No. H-06048 shall be renewed for a period of 5 Year(s) months/years commencing on September 1, 2007 and continuing through August 31, 2012, with the right of termination in both Landlord and Tenant as set forth in the Lease. 2. RENT. The consideration for this Lease shall be landlord will provide the Premises to Tenant for publiC on-street parking. At its own cost and expense, Tenant or its sublessee will maintain the Premises. 3. The terms of the original lease and its amendment(s) are expressly reaffirmed and remain in full force and effect. By this reference the original lease and its amendment(s) are attached and incorporated into this agreement. Commercial Amendment Page 1 of2 LS10225/4/2007 TENANT City of Richfield Signature Print Name Title Signature Print Name Debbie Goettel Mayor Date Steve Devich Title City Manager Date LANDLORD, STATE OF MINNESOTA DEPARTMENT OF TRANSPORTATION COMMISSIONER OF TRANSPORTATION By Date .Susan M. Mulvihill, P.E. Metro Program Delivery Director. Approved as to form and execution OFFICE OF CONTRACT MANAGEMENT By Title Date Commercial Amendment (pfj'- d- Page 2 of 2 LS10225/4/2007 " 0" j I t I . 77TH (j) w > <:( z z '" '0 w, .. ,., 0... 'b z 33 I 60~ . I 0 I Z I '=> I 0 I ...; "" I '" I ! \ I I I I \ I D-~ s .! I ..._...---1 \.,," <(--" ST. w. .r'" c . ! j ~\) : . I D I I <0\.'01 ,~ . .. ... 0- ~~ "' - ...., ~ .." ~:= 0: <1 -l 1"'0" "'- ... I = ~. . ''\;'\\\\ ~\\\\\ \).\""" J~\\\ \\\\\\ \\\\\\ \\\\\\ \\\\\\ \.. ... - - (j) w > <:( x o z ::::s::::: 1.INCH == 120 FEET ~ So \.,," <00 .~.. i~~ I_P. .~. R.C.S. .~.-;;-:::::::::--' RAS SHOWN ON BEST BUY CAMPUS PLAT AREA SHOWN IN RED CROSS-HATCHING REPRESENTS MNDOT PERMANENT R/W AREA LEASED TO crTY REFE'::~ TO BEST BUY CAMPUS PLAT 6Y SUNDE LAN!) SURVEYING, LLC. (sheet 3 of 4) FOR DIMENSlOi EXHIBIT A AGENDA SECTION: AGENDA ITEM # REpORT # CONSENT 6E 131 ....... STAFF REpORT RICHFIELD CITY COUNCIL MEETING MAY 22, 2007 REpORT PREPARED By: BETSY OSBORN, ADMINISTRATIVE SUPPORT SERVICES MANAGER NAME, TITLE COUNCIL PRESENTER: DEPARTMENT DIRECTOR REVIEW: 1&1 REVIEWED BY CITY MANAGER: ut ITEM FOR COUNCIL CONSIDERATION: Consideration of the request by The Church of the Assumption for a temporary on-sale 3.2 percent malt liquor license and a public dance license for their Tropical Night to be held June 2,2007. I. RECOMMENDED ACTION: By Motion: Approve the following for The Church of the Assumption Tropical Night to be held on June 2, 2007: . A temporary on-sale 3.2 percent malt liquor license; and, . A public dance license. I II. BACKGROUND I On April 26, 2007, The Church of the Ass~mption submitted a request for a temporary license to serve 3.2 percent malt liquor, and they also submitted a request for a public dance license for their Tropical Night to be held June 2, 2007. The required licensing fees have been received. They will be serving such food items as tacos, sweet corn, nachos, wraps, popcorn, hot dogs, fried pork skins and potato chips. The Church of the Assumption has 0522 Church of the Assumption Tropical Night contacted food sanitarians from the City of Bloomington to ensure that proper food handling practices are followed. Licensing requirements for the preparation and service offoodfor this event are covered under The Church of the Assumption's annual food license. The event will take place from 6 p.m. to 11 :30 p.m. Liquor Liability insurance coverage has been provided showing The Catholic Mutual Relief Society as affording the coverage. The Public Safety Department has received no complaints regarding similar events for the Church of the Assumption for the previous year. I III. BASIS OF RECOMMENDATION I I A. POLICY I . The applicant has complied with the City codes pertaining to these licenses. . I B. CRITICAL ISSUES I . Necessary fees have been paid and insurance coverage has been submitted. I C. FINANCIAL . N/A I D. LEGAL . N/A I IV. ALTERNATIVE RECOMMENDATION(S) I . Deny the request. However, the Public Safety Department has not found any basis for a denial. In addition, the Council has previously granted similar licenses for The Church of the Assumption events. I V. ATTACHMENTS . N/A I VI. PRINCIPAL PARTIES EXPECTED AT MEETING I . The Church of the Assumption staff/representative AGENDA SECTION: AGENDA ITEM # REpORT # PUBLIC HEARING 8 132 ~ STAFF REpORT RICHFIELD CITY COUNCIL MEETING MAY 22, 2007 REpORT PREPARED By: CHRISTINE COSTELLO, COMMUNITY DEVELOPMENT SPECIALIST NAME, TITLE COUNCIL PRESENTER: REVIEWED BY CITY MANAGER: Uf DEPARTMENT DIRECTOR REVIEW: ITEM FOR COUNCIL CONSIDERATION: Public hearing regarding a request for a major amendment to the Cedar Point Commons Planned Unit Development for the design and construction of a TCF Bank at 6501 Richfield Parkway. I. RECOMMENDED ACTION: Conduct and close a public hearing and by motion: Recommend approval of the major amendment to the Cedar Point Commons for the design and construction of a TCF Bank at 6501 Richfield Parkway. I II. BACKGROUND I On April 24, 2006 the Planning Commission heard and recommended approval of the Cedar Point Commons Planned Unit Development (PUD). The PUD allowed for approximately 370,000 square feet of retail comprised of: SuperTarget, Home Depot, a full-service restaurant, a bank, seven smaller retail buildings, and parking for 1,527 vehicles at the development. The City Council approved the Cedar Point Commons PUD on June 13, 2006. Ryan Companies US, Inc., (Ryan) the developer of Cedar Point Commons, is requesting an amendment to the Cedar Point Commons PUD for the TCF Bank. Items that have been approved with the existing PUD include the use, the location 052207 -APUD for TCF Bank of the TCF Bank, building setbacks, the required number of parking spaces, landscaping, streetscape, and pedestrian scale elements throughout the development. The design and construction was not approved because a bank tenant had not been selected. TCF Bank is a Minnesota-based national financial holding company. TCF Bank has offices in Minnesota, Illinois, Michigan, Colorado, Wisconsin, Indiana, and Arizona. The proposed TCF Bank will be 5,300 square feet. The proposed TCF Bank will employee approximately 12 employees during peak business times. The TCF Bank hours of operation for the lobby will be Monday through Friday 9 a.m. to 7 p.m., Saturday from 9 a.m. to 4 p.m., and Sunday from 10 a.m. to 2 p.m. The drive thru will be open Monday through Friday from 7 a.m. to 7 p.m., Saturday from 8 a.m. to 4 p.m., and Sunday from 10 a.m. t02 p.m. Ryan has taken great lengths to work with TCF Bank to ensure that the design is complimentary to the overall pedestrian feel that is a consistent element throughout the Cedar Point Commons development. Elements that TCF Bank have incorporated into their building that can be seen throughout the overall development include transparent fa9ade glazing, corrugated metal paneling, building material color to match the other buildings at the development, and the signature trellis. All these elements will ensure that TCF Bank maintains a cohesive aesthetic design that is aimed at providing a quality experience for all visitors to the development. The following is a review of the design and construction elements that TCF Bank and Ryan are proposing. Parkina: The required number of parking spaces for the TCF Bank and the overall development was approved by the City Council on June 13, 2006 as part of the PUD. Parking for the entire development which includes the TCF Bank, was determined to meet the parking standards for a regional shopping center (4 spaces per 1,000 square feet of gross floor area). If the TCF Bank were separated from the overall site, a bank would require 1 space per 250 square feet of gross floor area. TCF Bank would be required to provide 21 spaces. Ryan has determined that 23 spaces would be allowed for the TCF Bank within the development. Landscape: The overall landscaping for the development was also approved by City Council on June 13, 2006. TCF Bank has requested that an additional landscaping island be addedto the east side along the drive thru canopy to delineate more clearly the drive thru area from the additional surface parking to the east of the TCF Bank. The approved landscape plans did not call for a landscaped island in this area. The landscaped island is a positive addition to not only the TCF Bank, but also the entire site. The island also does not cause a decrease in the parking spaces approved for Cedar Point Commons. There has been additional upgrades on the landscaping at the south entrance to TCF Bank. The additions to the landscaping include more plant material accented by slate boulders along the south elevation. Ryan has requested a variation in the type of tree required along the west side of the TCF Bank. The original approved plan called for three 3.5-inch caliper Greenspire Linden trees. Ryan has requested that the trees be replaced with three 2.5-inch Spring Snow Crabapple trees. Ryan feels that the originally designated tree would grow into the trellis. Upon review of the approved landscape plan from June 29, 2006 for the overall site, Greenspire Linden trees are used along the east elevation of retail building #3, along the west elevation of retail building #2, along the east elevation of retail building #8, and in the landscape islands that flank the drive aisle between these buildings. The use of the Greenspire Linden trees in this area provides a visual pattern to visitors of the development. A change in the trees on the west side of the TCF Bank would break the visual pattern created by the trees in this area of the development. It is recommended that the originally approved Greenspire Linden at 3.5-inch caliper be used. Pruning the trees if they begin to grow into the trellis prevents the concern about the trees damaging the trellis. As part of the south elevation originally there was to be a three-foot curb cut that would split the landscape area in the southeast corner of the TCF Bank site. The design would have been difficult to maintain clean of debris and the three foot separation could have been a hazard to pedestrians trying to enter the TCF Bank. Ryan has revised the southeast portion of the TCF Bank site so that the drainage in that area will be handled by a catch basin, so the three-foot curb cut for drainage has been removed. Pedestrian Connection: The signature trellis element is an integral part of not only the overall design of the Cedar Point Commons development, but TCF Bank has also incorporated the trellis into the design of the TCF Bank. The design of the trellis differs slightly from the trellis design that is found at the smaller retail buildings and SuperTarget. The overall intent of the trellis is to provide an element that maintains an overall connectedness and cohesiveness throughout the development. The proposed trellis along the south and west elevations of the TCF Bank differ from the trellis design at the other retail buildings, the trellis designed for the bank is in keeping with the TCF Bank design. The trellis at the TCF Bank does not incorporate the fin-like element found on the smaller retail buildings but does incorporate some elements from the trellis to maintain the cohesiveness. The elements that are incorporated at the TCF Bank that will be seen on the other trellises throughout the development include: the overhead trellis members height, size, and spacing, the design of the trellis bases, the architectural detail of the horizontal line element that is the similar to the horizontal line elements found at the other retail buildings, and a decorative light feature at the top of the trellis posts that maintains the overall airport inspiration that was encouraged in the design of the buildings and site features at the Cedar Point Commons Development. The variation is acceptable. Buildina: The TCF Bank building incorporates the same elements that can be found throughout the other buildings at Cedar Point Commons. One of those elements is a corrugated metal panel that is shown as a cornice element at the top of the TCF Bank. The corrugated metal panel will also be present above the windows and below the brick on the bank. This will provide an architectural detail that will tie the building into the development without being a "cookie-cutter" design. In addition, TCF Bank is introducing an additional building material that is a smooth metal panel that is complimentary to the corrugated metal panel and brick. The design of the TCF Bank building provides a transition between the SuperTarget I Home Depot corridor and the smaller scale retail buildings. All the mechanical equipment for the TCF Bank is on top of the building and is screened from all directions and will not be visible from any side of the building. Drive Thru Reauirements: The City Zoning Ordinance requires certain conditions be met before a drive thru use is allowed to operate. A drive thru is a conditional use, but since the TCF Bank is located within the Cedar Point Commons PUD, the bank received approval to locate within the development when the original approvals were received. The four conditions that must be met for a drive thru use include: · A buffer yard of not less than 20 feet to separate the use from the lot line. The TCF Bank is approximately190 feet from the lot line; therefore the buffer yard requirement is met. · Drive thru queuing space of 70 feet per drive thru lane not including the first lane shall not interfere with traffic circulation. The queuing space for TCF Bank drive thru lanes are far enough away from all drive aisles that the drive thru lanes will not interfere with traffic circulation in the development. · No alcoholic beverage will be served. This condition is not applicable to this use. · Any exterior speaker noise will comply with Section 930 of the City Code. Any speaker system that the TCF Bank will have as part of the drive thru will be required to met the City's exterior speaker noise requirements. Trash: The trash for the TCF Bank will be handled internally at the northeast corner of the building. Trash will be picked up during off-peak business hours and will not interrupt business. Signage: TCF Bank is proposing two wall signs. There will be one wall sign on the west elevation and the second wall sign will be on the south elevation. The wall sign on the west elevation is 64 square feet and the wall sign on the south elevation is 104 square feet. Both wall signs meet the sign requirements for the zoning district. Originally the TCF Bank proposed an electronic sign on the south elevation that would display the time and temperature but do to the moratorium on electronic signs that is in place until January 2008, no electronic signs are allowed. I III. BASIS OF RECOMMENDATION I I A. POLICY I . This area has been identified for redevelopment since 1999. . The proposal is consistent with the Comprehensive Plan, the JLG Cedar Avenue Corridor Redevelopment Concept Master Plan, and the Planning Commission approvals of the Cedar Point Commons PUD on April 24, 2006, and City Council approval on June 13, 2006. I B. CRITICAL ISSUES . Ryan and TCF Bank has worked with the City and HRA on issues of . mutual concern such as the aesthetics of the building and ensuring that the design of the TCF Bank building provides a cohesive design that is thread throughout the development. 1 c. FINANCIAL I . The required amendment to a PUD fee has been paid. I D. LEGAL I . Zoning: PC-2 (Planned General Commercial) . Land Use: Current: Vacant Proposed: TCF Bank . Comprehensive Plan: Regional Commercial/Office . Notification: Mailing was sent to owners and occupants within the Cedar Avenue Corridor Redevelopment Area including properties within 350 feet of the development area. . Other Actions: Council: Scheduled for City Council consideration on May 22,2007. Planning Commission: Heard the request on May 14, 2007, the motion carried with a vote of 9 to O. HRA: N/A Hearing Examiner: N/A I IV. ALTERNATNE RECOMMENDATION(S) I . Recommend approval of the major amendment to the Cedar Point Commons PUD with additional conditions. . Recommend denial of the major amendment to the Cedar Point Commons PUD. I V. ATTACHMENTS . Resolution . Exhibit A . Overall Site Plan . Dimensional Site Plan (south) . Grading Plan . Storm Sewer Plan . TCF Landscape Plan . Lighting Plan . Colored TCF Bank Plans I VI. PRINCIPAL PARTIES EXPECTED AT MEETING I . Representative from Ryan Companies, US, Inc. 8-1 RESOLUTION NO. RESOLUTION AUTHORIZING AN AMENDMENT TO THE PLANNED UNIT DEVELOMENT, FINAL DEVELOPMENT PLAN AND CONDITIONAL USE PERMIT FOR THE CEDAR POINT COMMONS PROJECT WHEREAS, an application has been filed with the City of Richfield which requests approval of an amendment to the planned unit development, final development plan and conditional use permit for the mixed use development on land generally located in the northwest quadrant of 66th Street and Trunk Highway 77, legally described in Exhibit A. WHEREAS, the City Council held a public hearing. on the original request for a planned. unit development, final development plan, and conditional use permit on June 13, 2006 and voted to recommend approval. WHEREAS, the Planning Commission held a public hearing on the request for an amendment to the final development plan and conditional use permit on May 14, 2007 and voted to recommend approval of the amended plan. WHEREAS, notice of the public hearing was mailed to property owners within 350 feet of the subject property on April 30, 2007. WHEREAS, the City Council conducted a public hearing on the amendment to the final development plan and conditional use permit on May 22,2007. WHEREAS, the proposed amendment is consistent with the goals, policies, and objectives of the City's Comprehensive Plan. WHEREAS, the commercial use is consistent with any officially adopted. redevelopment plan or urban design guidelines. WHEREAS, The proposed use is or will be in compliance with the performance standards specified in Section 541 of this code: Adequate provision has been made for lighting, traffic, parking, landscaping, utilities, exterior treatment of buildings, screening mechanical equipment, dumpster enclosures and stormwater management. WHEREAS, The proposed use will not have undue adverse impacts on governmental facilities, utilities, services, or existing or proposed improvements: There are adequate facilities, utilities and services to support the development. WHEREAS, There is a public need for such use at the proposed location. The area has been identified for mixed use development in the Cedar Avenue Corridor Redevelopment concept master Plan. WHEREAS, The proposed use meets or will meet all the specific conditions set by this code for the granting of such conditional use permit. A bank is an allowable uses in the PC-2 district. WHEREAS, the City has fully considered the request for approval of the amendment to the final development plan and conditional use permit. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Richfield, Minnesota, as follows: 1. The City Council adopts as its Findings of Fact the WHEREAS clauses set forth above. 2. A final development plan and CO~;i~1 use permit are approved for the TCF Bank as described in City Council Report No. _, on the Subject Property legally described in Exhibit A. The Conditional Use Permit is subject to the following conditions and in addition to those specified in Section 526.27, Subdivision 6 of the City's Zoning Ordinance: 3. . TCF Bank shall be developed and maintained in conformance with the following plans: 1. TCF Landscape Plan, dated 4/23/07 2. Lighting Plan, dated 6/29/06 3. Dimensional Site plan (south), dated 6/29/06 with revision 4. Grading Plan, dated 6/29/06 with revision 5.Storm Sewer Plan, dated 6/29/06, with revision . The property owner and/or tenant are responsible for replacing any required landscaping that dies. . The three trees located on the west elevation of the building will be replaced with the originally approved 3.5-inch caliper Greenspire Linden trees. . The trellis at TCF Bank will be designed as illustrated in the approved plans, included with the staff report. . Building materials shall be an integral color palette to the overall development and shall be maintained in conformance with the approved plans. . All rooftop mechanicals will be screened from all directions. . All exterior speaker noise shall comply with Section 930 of the City Code. . Any wall pack lighting on the building must be shielded. . Need to paint service doors, mechanical equipment and gas and electrical meter boxes to match wall color. . All trash removal shall be handled internally in the TCF Bank building. . Any changes to the signage that is not shown on the approved plans will require a minor amendment to the Cedar Point Commons PUD. . Tenant must apply and receive approval of separate sign permit from Inspection Department before any signage is installed. . Any electronic sign can not be displayed do to the current moratorium on electronic signs. . A 60 foot no build easement will be maintained between the north elevation of the TCF Bank and the SuperTarget building per Building Code requirements. . The building address must be displayed on the building before a Certificate of Occupancy is issued. 4. The final development plan and conditional use permit shall remain in effect for so long as conditions regulating it are observed, and the conditional use permit shall expire if normal operation of the use has been discontinued for 12 or more months, as required by the Zoning Ordinance, Section 546.05, Subd. 9 Adopted by the City Council of the City of Richfield, Minnesota this 22nd day of May, 2007. Debbie Goettel, Mayor ATTEST: Nancy Gibbs, City Clerk ~-3 Exhibit A LOTS 1 THROUGH 8, BLOCK 1, LOTS 1 THROUGH 4, BLOCK 2, OF THE CEDAR POINT COMMONS PLAT. 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Minnctonb, MN 55343 Hun~~ ffi'bbl..,;MN ~MN I'bo1lCO 952 933 (fT12 Pa: 9529331153 wwwAld=a>m STORM SEWER PLAN RYANCOMPAN1BSus,lNC. SO_TauhStt<et,_300 MIm>apoIIo. MN 5S403-:I1l12 612-492-4000 td 612-492-3000 r.. WWW.SYANCOMPANJBS.COM REVISIONS :i9~b?)~~R~~~:QH$::~~~::~@Rt:f~:~~t$:: , ,9f~~fll!l,;-:, ,1,~>,Yrn.f9.l1"CoN~))!MC.~,QN,., , ,'!fA\lQll..;-:,R~,Y\~Q,'~F.~"C!1X.~9.IIMF,1j.1$ , .U~Qfpl,;-:..~,<YI~,m:~~,f.9.Q,1PRiN1$.. , ,~f7.I.Q7..~,R~MQW;."~~K,l<VRR,!;\I.T....,,' SUR\IE'tEO RLK DESIGNED ALH SHEET , 26/46 2~~"t74tM DATE 6/29/06 RICHFIELD. MINNESOTA IYAN ORA","" mR CEDAR POINT COMMONS 41519 :.'~ci'~. ~~tJ1Ud.lltId _ Tar,.t'd.lg'l.AHDscm: BI.I<.d.lg SHEET , LS1 CEDAR POINT COMMONS PROJECT , 2005744M DATE 4/2J/07 RICHFIELD, MINNESOTA TCF LANDSCAPE PLAN , , , , I , , I I I , I , I I It \1 , I I, I' iI Ii :0 Z ~ 0 f.l <I :0 ~ r- )> Z " !Il )> " '" " '" ;;! ;= 1Il :I: :::: oJ ... !il ~ 0 '" 0 ~ '" " \: z =' z .0 ;0 :0 " )> =' 0 Z )> Z 0 " c 2 0 '" ~ !" 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I I :> "'21<9 I 2121,9 I \ I I I I I I I I I I I , I , I I I I I ~ I I 18 ,. ~ I~ \ - ,Al ~ = -"I -"I~ 81 ",I "'.!I~ -." I)> s: ~ ~ ~ :IIi N 0 =- 0 "" @ ,t n \. \, .~ '\ -I o ." OJ )> Z ~ 1.1 , II II J lB42 AGENDA SECTION: AGENDA ITEM # REpORT # PROP. ORDINANCE 9 133 ...... STAFF REpORT RICRlFIELD CITY COUNCIL MEETING MAY 22, 2007 REpORT PREPARED By: BRAD SVEUM - FIRE SERVICES DIRECTOR NAME, TITLE COUNCIL PRESENTER: DEPARTMENT DIRECTOR REVIEW: 8" REVIEWED BY CITY MANAGER: [if ITEM FOR COUNCIL CONSIDERATION: Consideration of a second reading of an amendment to Richfield City Code repealing an existing section and adding a new section authorizing imposing fees for certain emergency services. I. RECOMMENDED ACTION: . By Motion: Approve second reading of the attached ordinanc amendment to Richfield City Code deleting section 400.37 and adding new Section 903 relating to the imposition of fees for certain emergency services and the collection thereof pursuant to Minnesota Statutes Sections 415.10, 366.011 and 366.012. I II. BACKGROUND .1 . Section 400.37 of the Richfield City Code authorizes the City to impose charges for certain emergency services that relate to fire and rescue activities. . The City's current fee schedule for certain emergency fire responses is set forth by resolution in Section 6, Fire Service Fees of Richfield City Code Appendix D. . These emergency fire responses include vehicle fires, automobile accident extrications, containment and control of hazardous materials spills and hazardous conditions involving downed power lines and leaking gas lines. . State Statute 366.011 authorizes imposition of reasonable fees. I III. BASIS OF RECOMMENDATION I I A. POLICY I . The recommended ordinance addition will bring the City more closely into compliance with Minnesota State Statute 415.01 which requires a city to adopt by ordinance a policy to charge for certain emergency services provided by Minnesota State Statute 366.011. . The fees for such services are established by resolution in Richfield City Code Appendix D. . Only vehicle insurance companies will be billed. Residents or vehicle drivers are not billed for services. I B. CRITICAL ISSUES I . The City Attorney has determined that Minnesota State Statute 415.01 requires that the policy of imposition of emergency service fees and fee schedule be adopted by ordinance. . The wording of the current ordinance (400.37) references billing only non-residents. It is the opinion of the City Attorney this could be considered discriminatory. . The proposed ordinance language is not as narrow in scope as to who is billed for these services. I C. FINANCIAL I . Imposition of fees offset a portion of the costs of service provision. I D. LEGAL I . The recommended ordinance is required for the City to exercise its ability to impose fees for emergency services as provided for by Minnesota State Statute 366.011. . Notification of the second reading of this proposed City Code amendment has been provided as required by State Statute and City requirements. I IV. ALTERNATIVE RECOMMENDATION(S) I . Reject the motion. The City would not be able to exercise its ability as provided for in Minnesota State Statute 366.011. I V. ATTACHMENTS I . Draft of proposed amendment to Richfield City Code. I VI. PRINCIPAL PARTIES EXPECTED AT MEETING . N/A 0522Fire ATTEST: Debbie Goettel, Mayor Nancy Gibbs, City Clerk 0522Fire AGENDA SECTION: AGENDA ITEM # REpORT # RESOLUTIONS 10 134 ..... STAFF REpORT RICHFIELD CITY COUNCIL MEETING MAy 22, 2007 REpORT PREPARED By: . CHRIS REGIS, FINANCE MANAGER NAME, TInE COUNCIL PRESENTER: 0 REVIEWED BY CITY MANAGER: l:k1 ITEM FOR COUNCIL CONSIDERATION: Consideration of a resolution providing for the sale of $4,800,000 General Obligation Capital Improvement Bonds, Series 2007 A. . I. RECOMMENDED ACTION: By Motion: Approve the resolution providing for the sale of $4,800,000 General Obligation Capital Improvement Bonds, Series 2007 A. 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 ot right-ot-way remain that would be suitable for a new Central Maintenance Facility. Through a cooperative agreement between the City and the Minnesota Department ot Transportation, the City has received these remnant parcels of right-of-way remaining from the reconstruction of the intersection to be used as site for the new Central Maintenance Facility. . Accordingly, staff has been working to determine funding for the construction of a new City Maintenance Facility, with an estimated cost of $12,908,500. Presently, staff has assembled a funding plan that is a combination of internalsources of funding and the issuance of Capital Improvement Bonds in the amount ot $4,800,000. 0522Capitall mprovementBonds I III. BASIS OF RECOMMENDATION I I A. POLICY I . The new Central Maintenance Facility is included in the City's 2007 Capital Improvement Budget and 2008-2011 Capital Improvement Plan. . At the December 12, 2006, the City Council approved the five-year Capital Improvement Budget and Plan prepared in compliance with Minnesota Statutes 475.521. . Preliminary approval was also granted to issue capital improvement bonds for the new Central Maintenance Facility at the December 12, 2006 City Council meeting. I B. CRITICAL ISSUES I . The issuance of the G.O. Capital Improvement Bonds is an important piece of the financing of the new Central Maintenance Facility. I C. FINANCIAL 1 . The total cost of the new Central Maintenance Facility is estimated to be $12,908,500. . Funding for the project will be a combination of internal sources and the issuance of the capital improvement bonds. . The Par amount of the bonds to be issued is $4,800,000. . Net proceeds to be used for the project, after underwriter's discount and costs of issuance, will be $4,558,000. . The annual tax levy to provide for the debt service of the bonds will average $387,760 over the 20-year life of the bonds. . The estimated annual increases in taxes due to the issuance of these bonds for a residential property valued at $250,000 will be approximately $33.28. . The annual debt service has the potential to be less depending on sale proceeds received from the future sale of the existing garage site. I D. LEGAL I . Legal Council has reviewed the Pre-Sale report and the attached resolution. I IV. ALTERNATIVE RECOMMENDATION(S) I . Decide not to proceed with the sale of bonds and look for alternative funding for the Central Maintenance Facility. I V. ATTACHMENTS I . A Resolution Providing for the Sale of $4,800,000 G.O. Capital Improvement Bonds, Series 2007 A . Bond Pre-Sale Report. I VI. PRINCIPAL PARTIES EXPECTED AT MEETING . Sid Inman, Ehlers & Associates, Inc. . Rebecca Kurtz, Ehlers & Associates, Inc. 10'''' { RESOLUTION NO. RESOLUTION PROVIDING FOR THE SALE OF $4,800,000 GENERAL OBLIGATION CAPITAL IMPROVEMENT BONDS, - SERIES 2007 A WHEREAS, the City Council of the City of Richfield, Minnesota, has heretofore determined that it is necessary and expedient to issue the City's $4,800,000 General Obligation Capital Improvement Bonds, Series 2007 A (the "Bonds") to finance the construction of a new Central Maintenance Facility; and WHEREAS, the City has retained Ehlers & Associates, Inc. in Minneapolis, Minnesota (Ehlers), as its independent financial advisor for the Bonds and is therefore authorized to solicit proposals in accordance with Minnesota Statutes, Section 475. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield, Minnesota, as follows: 1. Authorization; Findings. The City Council hereby authorizes Ehlers to solicit proposals for the sale of the Bonds. 2. Meeting; Proposal Opening. The City Council shall meet at 7:00 p.m. on June 12, 2007 for the purpose of considering sealed proposals for and awarding the sale of the Bonds. 3. Official Statement. In connection with said sale, the officers or employees of the City are hereby authorized to cooperate with Ehlers and participate in the preparation of an official statement for the Bonds and to execute and deliver it on behalf of the City upon its completion. Adopted by the City Council of the City of Richfield, Minnesota this 22nd day of May, 2007. Debbie Goettel, Mayor ATTEST: Nancy Gibbs, City Clerk IO-'d.- City of Richfield, Minnesota Pre-Sale Report May 22, 2007 Proposed Issue: . $4,800,000 General Obligation Capital Improvement Bonds, Series 2007 A Purpose: The $4,800,000 General Obligation Capital Improvement Bonds are being issued pursuant to Minnesota Statutes, Chapters 475. They are being issued for Construction ofthe new city public works maintenance garage. The total project cost is over $10,000,000. The additional cost for the construction will be paid for from various cash sources the city has. Once construction is completed, the current maintenance site will be redeveloped. The debt service will be paid by a property tax levy. Term/Call Feature: The bonds will have a 20 year term and mature in February 2028. The bonds will have a 9-year call date, with bonds maturing on February 1,2016, callable on February 1,2015. Funding Sources: The debt service will be paid by a property tax levy. Discussion Issues: Following is a summary of key factors in the finance plan: . The Bonds will be global bQok entry with a bank designated as the paying agent. As "paperless" bonds, you will avoid the costs of bond printing and annual registrar charges. The Paying Agent will invoice you for the interest semi-annually and on an annual basis for the principal coming due. You will be charged only for paying agent/transfer agent services provided by the bank. . Bidders on this issue may submit a bid, which contains a maturity schedule providing for any combination of serial bonds and term. bonds, subject to mandatory redemption. If the purchaser of the Bonds designates certain of the maturities as Term Bonds, subject to a mandatory call, the City will be responsible for providing a Notice of Call to holders of the Bonds at least 45 days prior to the call date. Allowing potential purchasers the term bond option results in increased bidder interest in this issue and possible lower interest rates. . Moody's Investors Service will be asked to rate this issue. The City currently has an "Aa3" rating on its outstanding general obligation bonds. . Because the aggregate amount of this issue is over $1,000,000 and the City has more than $10,000,000 in total municipal obligations outstanding, you will be obligated to comply with Full Continuing Disclosure requirements as required by paragraph (bX5) of Rule 15c2-12 promulgated by the Securities and Exchange Commission under the Securities Exchange Act of 1934. You will be required to provide certain fmancial information and operating data relating to the City annually and to provide notices of the occurrence of certain material events. The specific nature of the Undertaking, as well as the information to be contained in the notices of material events will be set forth in the Continuing Disclosure Undertaking that you will enter into at the time of closing for this issue. ID-3 Schedule: Pre-Sale Review: May 22, 2007 May 31, 2007 Week of June 4, 2007 June 12, 2007 Mid-July 2007 Distribute Official Statement: Conference with Rating Agency: Bond Sale: Estimated Closing Date: Attachments: Sources and Uses of Funds Proposed Debt Service Schedule (Including a summary and a breakdown for each issue) Resolution authorizing Ehlers to proceed with bond sale Ehlers Contacts: Bond Sale Coordinator: Sid Inman (651) 697-8507 Rebecca Kurtz (651) 697-8516 Diana Lockard (651) 697-8534 Debbie Holmes (651) 697-8536 Connie Kuck (651) 697-8527 Financial Advisors: Bond Analysts: The Official Statement for this financing will be mailed to the Council Members at their home address for review prior to the sale date. City of Richfield $4,800,000 G.O. CIP Bonds, Series 2007 $4,558,000 Net Project Cost - 20 Year Term Sources & Uses Dated 06101/20071 Delivered 06/01/2007 Sources Of Funds Par Amount of Bonds . _ _ $4,800,000.00 Total Sources $<J!800,OOO.00 Uses Of Funds TotalUllderwriter's Expense Costs of Issuance Gross Bond Insurance Premium 21.3 Deposit to Capitalized.Interest (c;IF) Fund Deposit to Project Construction f"llUd Rounding Amount 48,000.00 36,000.00 16,000.00 140,840.00 4,558'000.00 1,160.00 Total Uses 54,800,000.00 City of Richfield $4,800,000 G.O. CIP Bonds, Series 2007 $4,558,000 Net Project Cost - 20 Year Term Debt Service Schedule Part 1 on Date Principal Coupon Interest Total P+I Fiscal Total 06/01/2007 02101/2008 140,840.00 140,840.00 140,840.00 08/01/2008 105,630.00 105,630.00 02101/2009 160,000.00 3.950"10 105,630.00 265,630.00 371,260.00 08/01/2009 102,470.00 102,470.00 02101/2010 165,000.00 3.950% 102,470.00 267,470.00 369,940.00 08/01/2010 99,211.25 99,211.25 02101/2011 170,000.00 4.000% 99,211.25 269,211.25 368,422.50 08/01/2011 95,811.25 95,811.25 02/01/2012 . 180,000.00 4.000% u95,Sl1.25 275,Sl1.~5 371,622.50 08/01/2012 92,211.25 92,211.25 02101/2013 185,000.00 4.050% 92,211.25 277,211.25 369,422.50 OSlO 1/20 13 88,465.00 88,465.00 02101/2014 190,000.00 4.100% 88,465.00 278,465.00 366,930.00 08101/2014 84,570.00 84,570.00 02101/2015 200,000.00 4.150% 84,570.00 284,570.00 369,140.00 08/01/2015 80,420.00 80,420.00 02101/2016 210,000.00 4.200% 80,420.00 290,420.00 370,840.00 08/01/2016 76,010.00 76,010.00 02101/2017 215,000.00 4.250% 76,010.00 291,010.00 367,020.00 08/01/2017 71,441.25 71,441.25 02/01/2018 225,000.00 4.300% 71,441.25 296,441.25 367,882.50 08/01/2018 66,603.75 66,603.75 02101/2019 235,000.00 4.350% 66,603.75 301,603.75 368,207.50 08/01/2019 61,492.50 61,492.50 02101/2020 245,000.00 4.400% 61,492.50 306,492.50 367,985.00 08/01/2020 56,102.50 56,102.50 02/01/2021 260,000.00 4.450% 56,102.50 316,102.50 372,205.00 08/01/2021 50,317.50 50,317.50 02/01/2022 pO,ooo.OO 4.500% 50,317.50 320,317.50 370,635.00 08101/2022 44,242.50 44,242.50 02101/2023 280,000.00 4.550% 44,242.50 324,242.50 368,485.00 08/01/2023 37,872.50 37,872.50 02101/2024 295,000.00 4.600% 37,872.50 332,872.50 370,745.00 08101/2024 31,087.50 31,087.50 u 02101/2025 305,000.00 4.650% 31,087.50 336,087.50 367,175.00 08/01/2025 23,996.25 23,996.25 02101/2026 320,000.00 4.700% 23,996.25 343,996.25 367,992.50 08/01/2026 16,476.25 16,476.25 02101/2027 335,000.00 4.750% 16,476.25 351,-476.25 367,952.50 08/01/2027 8,520.00 8,520.00 02/01/2028 355,000.00 4.800% 8,520.00 363,520.00 372,040.00 Total $4,800,000.00 $2,726,742.50 $7,526,742.50 City of Richfield $4,800,000 G.O. CIP Bonds, Series 2007 $4,558,000 Net Project Cost - 20 Year Term Debt Service Schedule Part 2 of 2 Yield Statistics Bond Year Dollars Average Life Average Coupon $60,265.00 12.555 Years 4.5245872% Net Interest Cost (NIC) True Interest Cost (TIC) _. .. Bond Yieldfi>r Arbitrage Purposes All Inclusive Cost. (AlC)_ 4.6307849% 4.6488980% 4.5380810% 4.7330802% IRS Form 8038 Net Interest Cost Weighted Average Maturity 4.5245872% 12.555 Years City of Richfield $4,800,000 G.O. CIP Bonds, Series 2007 $4,558,000 Net Project Cost - 20 Year Term Net Debt Service Schedule Fiscal Date Principal Coupon Interest Total P+I CIF Net New D/S Total 06/0l/2007 02/0l/2008 140,840.00 140,840.00 (140,840.00) 08/01/2008 105,630.00 105,630.00 105,630.00 02/0l/2009 160,000.00 3.950% 105,630.00 265,630.00 265,630.00 371,260.00 08/01/2009 102,4JO.()() 102,470.00 102,470.00 02/0 l/20 10 165,000.00 3.950010 102,470.00 267,470.00 267,470.00 369,940.00 08/0 l/20 10 99,211.25 99,211.25 99,211.25 02/0 l/20 11 170,000.00 4.000010 99,211.25 269,211.25 269,21125 368,422.50 08/0 l/20 11 95,811.25 95,811.25 95,811.25 02/0l/2012 18(),OO()'00 4.000010 95,811.25 . .. 275,811.25 275,811.25 371,622.50 08/0 l/20 12 92,211.25 92,211.25 92,211.25 02/0 l/20 13 185,000.00 4.050010 92,211.25 277,211.25 277,211.25 369,422.50 08/01/2013 88,465.00 88,465.00 88,465.00 02/01/2014 190,000.00 4.100010 88,465.00 278,465.00 278,465.00 366,930.00 0810 l/20 14 84,570.00 . 84,570.00 84,570.00 02/0 l/20 15 200,000.00 4.150% 84,570.00 284,570.00 284,570.00 369,140.00 08/0 l/20 15 80,420.00 80,420.00 80,420.00 02/0112016 210,000.00 4.2000/0 80,420.00 290,420.00 290,420.00 370,840.00 08/0l/2016 76,010.00 76,010.00 76,010.00 02/01/2017 215,000.00 4.250% 76,010.00 291,010.00 291,010.00 367,020.00 08/01/2017 71,441.25 71,441.25 71,441.25 02/0 l/20 18 225,000.00 4.300010 71,441.25 296,441.25 296,441.25 367,882.50 08/0l/2018 66,603.75 66,603.75 66,603.75 02/0 l/20 19 235,000.00 4.350010 66,603.75 301,603.75 301,603.75 368,207.50 08/0l/2019 61,492.50 61,492.50 61,492.50 02/0 l/2020 245,000.00 4.400% 61,492.50 306,492.50 306,492.50 367,985.00 08/0 l/2020 56,102.50 56,102.50 56,102.50 02/0 l/2021 260,000.00 4.450% 56,102.50 316,102.50 316,102.50 372,205.00 08/01/2021 50,317.50 50,317.50 50,317.50 02/0l/2022 270,000.00 4.500% 50,317.50 . .320,317.50 320,317.50 370,635.()() 08/01/2022 44,242.50 44,242.50 44,242.50 02/0l/2023 280,000.00 4.550% 44,242.50 324,242.50 324,242.50 368,485.00 08/0l/2023 37,872.50 37,872.50 37,872.50 02/0 l/2024 295,000.00 4.600010 37,872.50 332,872.50 332,872.50 370,745.00 08/01/2024 31,087.50 31,087.50 31,087.50 02/01/2025 305,000.00 4.650010 31,087.50 336,087.50 336,087.50 367,175.00 08/01/2025 23,996.25 23,996.25 23,996.25 02/01/2026 320,000.00 4.700010 23,996.25 343,996.25 343,996.25 367,992.50 08/0 l/2026 16,476.25 16,476.25 16,476.25 02/0l/2027 . 335,()OO.00 4.750010 16,476.25 351,476.25 351,476.25.. 367,952.50 08/0l/2027 8,520.00 8,520.00 8,520.00 02/01/2028 355,000.00 4.800010 8,520.00 363,520.00 363,520.00 372,040.00 Total $4,800,000.00 $2,726,742.50 57,526,742.50 (140,840.00) $7,385,902.50 AGENDA SECTION: AGENDA ITEM # REpORT # RESOLUTIONS 11 135 ....... STAFF REpORT RICHFIELD CITY COUNCIL MEETING MAY 22, 2007 REpORT PREPARED By: CHRIS REGIS, FINANCE MANAGER NAME, TITLE COUNCIL PRESENTER: o REVIEWED BVCITY MANAGER: ITEM FOR COUNCIL CONSIDERATION: Consideration of a resolution providing for the sale of $4,250,000 General Obligation Improvement Bonds, Series 2007B. I. RECOMMENDED ACTION: By Motion: Approve the resolution providing for the sale of $4,250,000 General Obligation Improvement Bonds, Series 2007B. I II. BACKGROUND I As part of the development agreement between the City and Ryan Companies for the Cedar Point Project, the City agreed to construct a new intersection on 6th Street that will serve as the main entrance to the new shopping center within the development. The new intersection consists of a two-lane roundabout with accommodations for additional left-turn capacity out of the Cedar Point development. This new intersection will serve as the first stage in development of a new north-south arterial to replace the Cedar Avenue frontage road. I III. BASIS OF RECOMMENDATION I I A. POLICY I . The proposed new intersection is consistent with the Cedar Avenue Redevelopment Master Plan that calls for new land uses that are compatible with the nearby Minneapolis/St. Paul International Airport. 0522specialassessmentbonds . On February 13, 2007, the City Council approved plans and specifications for the new intersection. I B. CRITICAL ISSUES . I . According to the agreement between the City and the developer, the new intersection needs to be open for traffic on August 1, 2007. I C. FINANCIAL I . The estimated total cost of the new intersection is estimated to be $5,240,000. . The Par amount of the bonds to be issued is $4,250,000. . Net proceeds to be used for the project, after underwriter's discount and costs of issuance, will be $4,035,000. .. The debt service on the bonds will be paid from a combination of a debt tax levy and a special assessment levied against the developer in the amount of $850,000. . The annual tax levy to provide for the debt service of the bonds will average $268,470 over the 20-year life of the bonds. . The estimated annual increases in taxes due to the issuance of these bonds for a residential property valued at $250,000 will be approximately $22.92. . Additional funding for the project will come from the Metropolitan Airports Commission and Municipal State Aid Funds. I D. LEGAL I . Legal Council has reviewed the Pre-Sale report and the attached resolution. I IV. ALTERNATIVE RECOMMENDATION(S) I . Decide not to proceed with the sale of bonds and look for alternative funding to fulfill the City's obligation under its agreement with Ryan Companies to construct a new intersection as part of the Cedar Point Project. I V. ATTACHMENTS I . A Resolution Providing for the Sale of $4,250,000 G.O. Improvement Bonds, Series 2007B . Bond Pre-Sale Report. I VI. PRlNCIP AL PARTIES EXPECTED AT MEETING . Sid Inman, Ehlers & Associates, Inc. . Rebecca Kurtz, Ehlers & Associates, Inc. II-I RESOLUTION NO. RESOLUTION PROVIDING FOR THE SALE OF $4,250,000 GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 20078 WHEREAS, the City Council of the City of Richfield, Minnesota, has heretofore determined that it is necessary and expedient to issue the City's $4,250,000 General. Obligation Improvement Bonds, Series 2007B (the "Bonds") to finance the construction of a new intersection; and WHEREAS, the City has retained Ehlers & Associates, Inc. in Roseville, Minnesota (Ehlers), as its independent financial advisor for the Bonds and is therefore authorized to solicit proposals in accordance with Minnesota Statutes, Section 475. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield, Minnesota, as follows: 1. Authorization; Findings. The City Council hereby authorizes Ehlers to solicit proposals for the sale of the Bonds. 2. Meeting; Proposal Opening. The City Council shall meet at 7:00 p.m. on June 12, 2007 for the purpose of considering sealed proposals for and awarding the sale of the Bonds. 3. Official Statement. In connection with said sale, the officers or employees of the City are hereby authorized to cooperate with Ehlers and participate in the preparation of an official statement for the Bonds and to execute and deliver it on behalf of the City upon its completion. Adopted by the City Council of the City of Richfield, Minnesota this 22nd day of May, 2007. Debbie Goettel, Mayor ATTEST: Nancy Gibbs, City Clerk 1I~;). City of Richfield, Minnesota Pre-Sale Report May 22, 2007 Proposed Issue: . $4,250,000 General Obligation Improvement Bonds, Series 2007B Purpose: The $4,250,000 General Obligation Improvement Bonds are being issued pursuant to Minnesota Statutes, Chapters 475 and 429. They are being issued for an improvement project for the Ryan (Super Target) project. The funds will be used to build a.four lane "Round A Bout" that will be the new entrance to the retail project. This Ryan Project is the first phase of the redevelopment ofthe noise impacted area on Cedar Avenue. Ryan and the project will be assessed $850,000 ofthe project costs. The remainder of the debt service will be paid by a property tax levy. Term/Call Feature: The bonds will have a 20 year term and mature in February 2028. The bonds will have a 9-year call date, with bonds maturing on February 1,2016, callable on February 1,2015. Funding Sources: Ryan and the project will be assessed $850,000 ofthe project costs. The remainder ofthe debt service will be paid by a property tax levy. Discussion Issues: Following is a summary of key factors in the fmance plan: · The Bonds will be global book entry with a bank designated as the paying agent. As "paperless" bonds, you will avoid the costs of bond printing and annual registrar charges. The Paying Agent will invoice you for the interest semi-annually and on an annual basis for the principal coming due. You will be charged only for paying agent/transfer agent services provided by the bank. · Bidders on this issue may submit a bid, which contains a maturity schedule providing for any combination of serial bonds and term bonds, subject to mandatory redemption. If the purchaser of the Bonds designates certain of the maturities as Term Bonds, subject to a mandatory call, the City will be responsible for providing a Notice of Call to holders of the Bonds at least 45 days prior to the call date. Allowing potential purchasers the term bond option results in increased bidder interest in this issue and possible lower interest rates. · Moody's Investors Service will be asked to rate this issue. The City currently has an "Aa3" rating on its outstanding general obligation bonds. · Because the aggregate amount of this issue is over $1,000,000 and the City has more than $10,000,000 in total municipal obligations outstanding, you will be obligated to comply with Full Continuing Disclosure requirements as required by paragraph (b)(5) of Rule 15c2-12 promulgated by the Securities and Exchange Commission under the Securities Exchange Act of 1934. You will be required to provide certain fmancial information and operating data relating to the City annually and to provide notices of the occurrence of certain material events. The specific nature of the Undertaking, as well as the information to be contained in the notices of } (--3 material events will be set forth in the Continuing Disclosure Undertaking that you will enter into at the time of closing for this issue. Schedule: Pre-Sale Review: May 22, 2007 May 31, 2007 Week of June 4, 2007 June 12, 2007 Mid-July 2007 Distribute Official Statement: Conference with Rating Agency: Bond Sale: Estimated Closing Date: Attachments: Sources and Uses of Funds Proposed Debt Service Schedule (Including a summary and a breakdown for each issue) Resolution authorizing Ehlers to proceed with bond sale Ehlers Contacts: Financial Advisors: Sid Inman (651) 697-8507 Rebecca Kurtz (651) 697-8516 Diana Lockard (651) 697-8534 Debbie Holmes (651) 697-8536 Connie Kuck (651) 697-8527 Bond Analysts: Bond Sale Coordinator: The Official Statement for this financing will be mailed to the Council Members at their home address for review prior to the sale date. City of Richfield $4,250,000 G.O. Improvement Bonds, Series 2007 $4,035,000 Net Project Cost - 20 Year Term Sources & Uses Dated 06/01/20071 Delivered 06/01/2007 Sources Of Funds Par Amount of Bonds . $4,250,000.00 Total Sources $4,250,000.00 Uses Of Funds Total Underwriter's Expense Costs of Issuance Gross Bond Insurance Premium 24.0 Deposit to Capitalized Interest{~IF)Fund Deposit to l'roject Constmction Fund RoundingA.n1ount 42,500.00 28,000.00 16,000.00 .. .124,721.67 4,035,000.00 3,778.33 Total Uses $4,250,000.00 City of Richfield $4,250,000 G.O. Improvement Bonds, Series 2007 $4,035,000 Net Project Cost - 20 Year Term Debt Service Schedule Part 1 of 2 Date Principal Coupon Interest Total P+I Fiscal Total 06/0112007 02/0112008 124,721.67 124,721.67 124,721.67 08/0112008 93,541.25 93,541.25 02/0112009 140,000.00 3.950% 93,541.25 233,541.25 327,082.50 08/0112009 90,776.25. 90,776.25 02/01/2010 145,000.00 3.950% 90,776.25 235,776.25 326,552.50 08/01/2010 87,912.50 87,912.50 02/01/2011 150,000.00 4.000% 87,912.50 237,912.50 325,825.00 08/01/2011 84,912.50 84,912.50 02/01/2012 155,000.00 4.000% 84,912.50u 239,912.50 324,825.00 08/01/2012 81,812.50 81,812.50 02/0112013 165,000.00 4.050% 81,812.50 246,812.50 328,625.00 08/01/2013 78,471.25 78,471.25 02/0112014 170,000.00 4.100% 78,471.25 248,471.25 326,942.50 08/0112014 74,986.25 . 74,986.25 02/0112015 175,000.00 4.150% 74,986.25 249,986.25 324,972.50 08/0112015 71,355.00 71,355.00 02/01/2016 185,000.00 4.200% 71,355.00 256,355.00 327,710.00 08/0112016 67,470.00 67,470.00 02/0112017 190,000.00 4.250% 67,470.00 257,470.00 324,940.00 08/01/2017 63,432.50 63,432.50 02/01/2018 200,000.00 4.300% 63,432.50 263,432.50 326,865.00 08/01/2018 59,132.50 59,132.50 02/01/2019 210,000.00 4.350% 59,132.50 269,132.50 328,265.00 08/01/2019 .. 54,565.00 5,!,565.oo 02/01/2020 220,000.00 4.400% 54,565.00 274,565.00 329,130.00 08/01/2020 49,725.00 49,725.00 02/01/2021 230,000.00 4.450% 49,725.00 279,725.00 329,450.00 08/01/2021 44,607.50 44,607.50 02/01/2022 240,000.00 4.500% 44,607.50 284,607.50 329,215.00 08/01/2022 39,207.50 39,207.50 02/01/2023 250,000.00 4.550% 39,207.50 289,207.50 328,415.00 08/01/2023 33,520.00 33,520.00 02/01/2024 260,000.00 4.600% 33,520.00 293,520.00 327,040.00 08/01/2024 27,540.00 27,540.00 02/01/2025 270,000.00 4.650% 27,540.00 297,540.00 325,080.00 08/0112025 21,262.50 21,262.50 02/01/2026 285,000.00 4.700% 21,262.50 306,262.50 327,525.00 08/01/2026 14,565.00 14,565.00 02/01/2027 . 300,000.00 4.750"10 14,565.00 314,565.00 329,130.00 08/01/2027 7,440.00 7,440.00 02/01/2028 310,000.00 4.800% 7,440.00 317,440.00 324,880.00 Total $4,250.000.00 52.417.191.67 56.667,191.67 City of Richfield $4,250,000 G.O. Improvement Bonds, Series 2007 $4,035,000 Net Project Cost - 20 Year Term Debt Service Schedule Part 2 of 2 Yield Statistics Bond Year Dollars Average Life Average Coupon u $53,423.33 12.570 Years 4.5245991% Net Interest CostJN1C) True Intere~t_ Cost (TIC) _ Bond Yield for Arbitrage Purposes All Inclusive Cost (AIC) m 4.6341018% 4.6536521% 4.5428918% 4.7275124% IRS Form 8038 Net Interest Cost Weighted Average Maturity 4.5245991% 12.570 Years City of Richfield $4,250,000 G.O. Improvement Bonds, Series 2007 $4,035,000 Net Project Cost - 20 Year Term Net Debt Service Schedule Fiscal Date Principal Coupon Interest Total P+I CIF Net New DIS Total 06/01/2007 02/01/2008 124,721.67 124,721.67 (124,721.67) 08/01/2008 93,541.25 93,541.25 93,541.25 02/01/2009 140,000.00 3.950"10 93,541.25 233,541.25 233,541.25 327,082.50 08/01/2009 .90,776.2? .90,776.25 90,776.25 02/01/2010 145,000.00 3.950% 90,776.25 235,776.25 235,776.25 326,552.50 08/01/2010 87,912.50 87,912.50 87,912.50 02/01/2011 150,000.00 4.000% 87,912.50 237,912.50 237,912.50 325,825.00 08/01/2011 84,912.50 84,912.50 84,912.50 02/01/2012 155,0()0.OO 4.000% 84,9J_2.?0 . ~~C),912.50 239,912.50 324,825.00 08/01/2012 81,812.50 81,812.50 81,812.50 02/01/2013 165,000.00 4.050% 81,812.50 246,812.50 246,812.50 328,625.00 08/01/2013 78,471.25 78,471.25 78,471.25 02/01/2014 170,000.00 4.100% 78,471.25 248,471.25 248,471.25 326,942.50 08/01/2014 74,986.25 . 74,986.25 74,986.25 02/01/2015 175,000.00 4.150% 74,986.25 249,986.25 249,986.25 324,972.50 08/01/2015 71,355.00 71,355.00 71,355.00 02/01/2016 185,000.00 4.200% 71,355.00 256,355.00 256,355.00 327,710.00 08/01/2016 67,470.00 67,470.00 67,470.00 02101/2017 190,000.00 4.250% 6'7,470.00 . 257,470.00 257,470.00 324,940.00 08/01/2017 63,432.50 63,432.50 63,432.50 02/01/2018 200,000.00 4.300"10 63,432.50 263,432.50 263,432.50 326,865.00 08/01/2018 59,132.50 59,132.50 59,132.50 02/01/2019 210,000.00 4.350% 59,132.50 269,132.50 269,132.50 328,265.00 08/01/2019 . .54,?6?0() 54,565.00 54,565.00 02/01/2020 220,000.00 4.400% 54,565.00 274,565.00 274,565.00 329,130.00 08/01/2020 49,725.00 49,725.00 49,725.00 02/01/2021 230,000.00 4.450% 49,725.00 279,725.00 279,725.00 329,450.00 08/01/2021 44,607.50 44,607.50 44,607.50 02101/2022 240,000,00 . 4.500"/. 44,607.50 284,607.50_ 284,607.50 329,215.00 08/01/2022 39,207.50 39,207.50 39,207.50 02/01/2023 250,000.00 4.550"10 39,207.50 289,207.50 289,207.50 328,415.00 08/01/2023 33,520.00 33,520.00 33,520.00 02101/2024 260,000.00 4.600"10 33,520.00 293,520.00 293,520.00 327,040.00 08/01/2024 n540,oo_ nn ..27,540'00 . 27,540.()()_ 02/01/2025 270,000.00 4.650"10 27,540.00 297,540.00 297,540.00 325,080.00 08/01/2025 21,262.50 21,262.50 21,262.50 02/01/2026 285,000.00 4.700% 21,262.50 306,262.50 306,262.50 327,525.00 08/01/2026 14,565.00 14,565.00 14,565.00 02/01/2027 3QO..000.00 4.750% 14,56?00 . 314,565.00 314,565.00 329,130.00 .. 08/01/2027 7,440.00 7,440.00 7,440.00 02/01/2028 310,000.00 4.800% 7,440.00 317,440.00 317,440.00 324,880.00 Total $4,250,000.00 52,417,191.67 $6,667,191.67 (124,721.67) 56,542,470.00 AGENDA SECTION: OTHER BUSINESS AGENDA ITEM # 12 . REpORT # 136 ....... STAFF REpORT RICHFIELD CITY COUNCIL MEETING MAY 22, 2007 REpORT PREPARED By: AARON J. HOLMBECK, PROJECT ENGINEER NAME, TITLE COUNCIL PRESENTER: REVIEWED By CITY MANAGER: G1 DEPARTMENT DIRECTOR REVIEW: .~ ITEM FOR COUNCIL CONSIDERATION: Consideration of recommended layout of 6300 block of Lyndale Avenue. I. RECOMMENDED ACTION: By Motion: Approve recommended Alternative 0 for 6300 Block with the following conditions: 1. Two 6-foot wide bike lanes along the shoulder of Lyndale Avenue in both directions. 2. A pedestrian refuge island at 63rd Street. 3. Possible removal of two driveways on the east side of Lyndale Avenue. 4. Obtain necessary sidewalk easements to allow for 10-foot wide sidewalks along Lyndale Avenue. I II. BACKGROUND I As part of the Crosstown Project, the storm sewer system along Lyndale Avenue will be replaced. This presents the City with an opportunity to re-design the portion of Lyndale Avenue; between 63rd and 64th streets. 0522 lyndale6300 Two Open Houses were conducted to obtain Public input. Written comments received are attached. The Richfield Transportation Commission recommends Alternative D with conditions, based on the comments received regarding the consideration of bike lanes, additional green space, parking, sidewalks, and a pedestrian refuge. Based on our findings, a 2-foot sidewalk easement will be needed to provide a 10- foot wide sidewalk adjacent to the curb and 6-foot wide bike lanes. A 1 O-foot wide sidewalk will provide adequate room for snow storage and is the City Standard for sidewalk adjacent to the curb. I III. BASIS OF RECOMMENDATION I I A. POLICY I . The proposed design provides improved pedestrian and bike facilities consistent with the City's Comprehensive Plan. I B. CRITICAL ISSUES I . This project needs to be completed prior to MnDOT's Crosstown work in the area that is scheduled for the summer of 2008. I C. FINANCIAL I . MnDOT is funding the portion of the project related to the storm sewer replacement. . The City would be responsible for acquiring easements, and any additional costs above and beyond MnDOT's contribution. . Any City costs would be paid for with MSA (gas tax) dollars. I D. LEGAL I . City Attorney will be consulted on the sidewalk easement and possible changes in access to adjacent properties. I IV. ALTERNATIVE RECOMMENDATION(S) I . Council rl'laY choose to not pursue obtaining an additional 2-foot sidewalk easement. This will reduce the area behind the curb needed for snow storage. . Council may choose not to approve the recommended layout and direct staff on how to proceed. I V. ATTACHMENTS . Alternative D . Written comments from the two Open Houses. I VI. PRINCIPAL PARTIES EXPECTED AT MEETING . None anticipated. II~ -~~~ "<;; CD ~ a... a. 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"tl "tl "tl "tl "tl "tl Z ;oJ!! 0 0 0 0 0 0 0 ~ ;0 CIl CIl CIl CIl CIl CIl -1- ;;0 m m m m m m CIl :I:~ m s: '"11 Z il ;jl C c c c c c C m~ c I' t Q) lD 3: ~ C lD ;0 m G> ~ d 0 m ;0 ;;: ~ ~ '-l m m i~ II ::r c C <: m Z ;;0 r 5> '" m r G> ,- ....... m > ~ '" (JJ fl ~ Z ~ m I~ I J ...., C'S Z 0) i l~i 0 ;0 c ~ m ~ (') N ~ ~ 0 C ;0 ~ .b I ~h -.J tll 0 ~ " Z U1 d -I :I: ;0 c~ >~ Z m -I :I: ;0 c~ ~~ m CIl :I:-'" r - C ~~ rq '" ~ ~.. 1i . I v . . . '-' ,,'I ~ I~-Q Memorandum Public Works Department www.cityofrichfield.org/publicworks Date: March 22, 2007 To: Transportation Commission From: Kristin Asher Assistant City Engineer Copy: City Council Re: 6300 Block of Lyncj?le A\I~nuE:l Comments Received at March 21, 2007 Open House 25 people attended the 6300 Block of Lyndale Avenue Open House on March 21st. Comments received at the March 1st Open House are incorporated into this summary. The comment cards asked the following three questions: 1. Which roadway feature do you consider most important for this section of Lyndale? 1 - bike lanes, 1 - additional green space, 3 - parking, 17 - sidewalks 2. Do you find value in. a pedestrian refuge median at 63rd Street? 13 - yes, 7 - no 3. Which alternative do you prefer? Alternative A - 3 A 1 - 3 B-2 C - 0 D - 7 Below are the comments received: Attendee Comments Jim Erickson Gateways to Richfield need to be open & inviting. How it A-1 Vacuum will affect my business & for how long? Also, what will the 6405 Lyndale city & contractors do to help us stay in business? Need to know times & dates for closing time assurances. ArnoldK[~inschmidt Place to put snow; no pedestrian median. They have a 6228 Grand crosswalk; medians get in the way of plows. Larry Stockwell Include a sensor activated light at 63ra & Lyndale. Also 6325 Aldrich think about using the old dentist office property and prop-ertybehinditadjacent to Lyndale ramps for a temporary road to Lyndale during construction. . Mary Beiersdorf I believe Richfield needs to move on this - my only concern 6239 Aldrich is who will take my house? I don't mind. .- ~vin-MtlSSetter ..- '.-~ --,-- IpreferoptionD;'but w/optional meelran at-Sz:a Streec -- 6335 Harriet Improve turning safety at 64th and Lyndale. Making a left tumfrom 64th to southbound Lyndale is very difficult due to brush & trees near corner. Thanks for asking! Gordon Kolles I Cars now splash people when they drive by. Not wide 6310 Harriet enough. Don Lundin- Don's Barber No additicnal.comments noted (selected Alt A, butfelt 6338 Lyndale parking was most important). . . r ,~ I ~--3 . " fit. . 630,0 Lyndale - 2 Diann Lunow No on-street parking. Reduce speed limit to 30 instead of 6233 Lyndale 35 and limit the number of drivew'ays. Do tonstruction all at once - not in different years. McMillen Consider left turn lanes. 6314 Aldrich . Sewich I would like to see a light at 63fd. No bike path on Lyndale. 6324 Aldrich Dennis Schuller - DSPAV I like the pedestrian refuges especially by 63f\ sidewalk 6417 Lyndale necessary. We should have a road that is bike friendly from north to south and a couple easttowest. No parking; Roy Peterson .' Keep the street open for the businesses. Need off-street 6330 - 6340 LyndClle parking. (Mr. Peterson did not like any of the alternatives.) Ed Bakker Do the projects all at one time with the Crosstown project. 6236 Lyndale . Mark Pedersen Do not route cars through neighborhood. There are too 500 W. 64th Street many kids on these blocks. Carol Pease Chose Alt 0 but added that the bike lane leads no where . 6304 Harriet and it would be better to have if it went thru 64th & 65th Streets. That there be some flowers or foliage along walkways - a spark of nature to enhance the block. The 630.0 block is in a sense the gateway to Richfield. Tasteful designs and quality materials will enhance the entire community. Jean Kenzie Parking bays with curbs that are not straight lines are 6239 Bryant problems for snow plow drivers. Minnehaha Parkway in Minneapolis is an example of parking bays. Dawn Anderson Will we be notified when they decide when they are 6236 Garfield , planning to start the project? I really want a better sidewalk. The wider the better. Jon Ahlness I like the idea of sidewalk and boulevard (green space). 6311 Grand Elimi.nating parking on Lyndale would look nice and enable a better flow of traffic. A one block bike trail on Lyndale provides limited benefit unless a commitment to a longer bike trail is made. A center median at 63rd Street would be good. Larry Wozniczka .. Tq,c.tomatchMn/DOT design of Lyndale north of 63ra 6744 Wentworth Street. Cary Schmidt Catch basin problem in front of 1016 Mildred Drive, there 1016. Mildred Drive are very few basins in area and they are generally plugged .--.- _._-_.."..-._.._--,._~-----------'-- makinq our area flood. ... . ...... -- .... . e . AGENDA SECTION: AGENDA ITEM # REpORT # OTHER BUSINESS 13 137 ..... STAFF REpORT RICHFIELD CITY COUNCIL MEETING, MAY 22, 2007 REpORT PREPARED By: RANDY HUGHES OPERATIONS SUPERINTENDENT NAME, TinE COUNCIL PRESENTER: DEPARTMENT DIRECTOR REVIEW: REVIEWED BY CITY MANAGER: ~ if ITEM FOR COUNCIL CONSIDERATION: Consideration of acceptance of bids for the new Richfield Maintenance Facility RECOMMENDED ACTION: By Motion: Accept the bids as recommended by Short Elliot Hendrickson (S.E.H.) on the attached report in the amount of $1,108,127. I II. BACKGROUND I On April 26, 2007 bids wereopened for 26 packages for the new Richfield Maintenance Facility. At the May 8th, 2007 Council Meeting award of11 of those packages were approved along with approval to build Option 3. Interviews have been completed with the rest ofthe bidders and S.E.H.and Gundlack Champion are recommending the acceptance of1 0 more bids as indicated on the attached list. The only variation from the list Council accepted on May 8th is that after interviewing Pump & Meter, it was found that their vehicle lift did not meet specifications because it was a hydraulic instead of a mechanical system. Award to Automotive Resources is $17,732.00 more than we had calculated reducing the $600,000 contingency by that amount. ' I. 052207bidsgarage , I III. BASIS OF RECOMMENDATION I I A. POLICY I . The ad for bids was published in the Sun Current on March 29, 2007. . The ad for bids was published in the Construction Bulletin on March 26, 2007and April 2, 2007. . Bid openings were held on April 26, 2007. I B. CRITICAL ISSUES I . The Council selected Option 3 on May 8, 2007. . All contractors have been interviewed and meet the City's specifications. . Award of contract is critical to allow vendors to schedule work. Ic. FINANCIAL . Funding is available I D.. LEGAL I . All contracts in exceed of $25,000 require Council approval. . All contracts over $50,000 require sealed bids to be solicited by public notice. I IV. ALTERNATIVE RECOMMENDATION(S) I . Council may chose to reject bids and direct staff to obtain new bids. I V. ATTACHMENTS . Memo from Nancy SchUltz . Bid Recommendations from SEH . Total Project Budget Breakdown . Bid minutes from April 26, 2007 bid opening. I VI. PRINCIPAL PARTIES EXPECTED AT MEETING . Staff from Gundlach Champion /3-( SEH May 15, 2007 To: Richfield City Council From: Nancy Schultz, AlA Short Elliott Hendrickson Re: New Maintenance Facility Bid Recommendations for Approval Summary Post Bid Interviews have been performed and SEH recommends that the following Trade Contractors and Amounts be approved for the New Maintenance Facility project: Bid Package 06 00 00 General Trades Trade Contractor Kellington Construction, Inc. 09 50 00 Acoustical Ceilings Twin City Acoustics, Inc. 09 68 00 Carpeting S1, Paul Linoleum and Carpet Co. 09 91 00 Painting Steinbrecher Painting, Inc. 10 51 00 Metal Lockers JF Equipment Co. 123000 Manufactured Casework Northern Woodwork, Inc. 14 24 00 Freight Elevator Minnesota Elevator, Inc. 144500 Vehicle Lifts Automotive Resources, Inc. 32 00 00 Paving Bituminous Roadways, Inc. 328000 Irrigation and Landscaping North Metro Landscaping, Inc. Amount $202,700 $ 23,850 $ 44,845 $131,000 $ 22,500 $ 66,865 $324,156 $ 55,426* $176,885 $ 59,900 *The low bidder for the Vehicle Lifts (pump and Meter Service, Inc.) did not meet the design specifications. The specified lift has a mechanical lifting drive and the non specified lift has hydraulic lifting cylinders. After interviewing representatives from both manufacturers and discussing each lift with the Maintenance Department we recommend the Vehicle Lifts by Automotive Resources, Inc. . Short Elliott Hendrickson Inc., Butler Square Building, Suite 710e, 100 North 6th Street, Minneapolis. MN 55403-1515 SEH is an equal opportunity empioyer , www.sehinc.comI6/2.758.6700 I 866.830.3388 I 612.758.6701 fax . . " ID~2 The Total Project Budget, based on the bids and evaluations through May 14, 2007, currently equates to $12,908,500. As shown on the attached documents, this total cost includes construction, design, owner furnishings and property acquisition. Rebids for the Bituminous Roofing, Gypsum Board Systems, Ceramic Tile, and Plumbing are being accepted on May 24th. Approval of these Bid Packages and any remaining Bid Packages will be requested at the City Council Meeting on June 5th, If there are any questions on the information addressed, please contact myself or Stan Kaczmarek with GCl at your convenience. v cry truly yours, SHORT ELLIOTT HENDRICKSON ,; \ .......~> .............. ..'...... A:~q;b,m~nt$~ l1otal.Pt<:)j~tj\t,jg~:a~d\iiw.n Bid Summary Spreadsheet 10-3 Bid RecolDlDendations 'Ir Approval CIII.f BlchOeld New Maintenance FactlltV 5/15/2007 Bid Packa e 03000 03410 04000 05000 06000 07515 08300 08400 09200 09300 09500 09670 09680 09910 10510 12300 14200 14240 14450 14600 21000 22000 23000 26000 31000 32000 32800 Post Bid Clarifications Total Construction Cost = $ 12,045,000 $ 11,496,083 $ $ 879,000 GCI $ 52,000 GCI $ 10,726,225 $ 582,275 $ 295,000 GCI $ 11,603,500 General Cond~ions Insurances $ 879,000 $ 879,000 $ 52,000 $ 52,000 Subtotal = $ 11,250,000 $ 10,601,083 $ $ 500,000 $ 600,000 $ 295,000 $ 295,000 Contin ency CM Fee Revised Additional Project Costs Control Estimate Bid Day Budget Perm~s $ - $ - Professional Fees $ 825,000 $ 825,000 $ 825,000 Reimbusables $ 130,000 $ 130,000 $ 130,000 Voice/Data/Cabling $ 100,000 w/ElectricaJ w/Electrical Owner Fumishings $ 250,000 $ 250,000 $ 250,000 Property Acquis~ion $ 100,000 $ 100,000 $ 100,000 Total Project Budget = $ 13,450,000 $ 12,801,083 ~$ 12,908,500 II Post Bid Clarification Key Item # DescriDtion 1 Will have Post Bid Interview on May 25th. 2 Pending final clarifications 3 Low Bid Dav Lift Manufacturer did not meet specifications < ..<<><0{ Recommended Bid Packages for Approval Bid Packages rebiddino on May 24, 2007 Trade Contracts approved at May 8, 2007 Council Meetina I Page 1 of 1 13- 4- ~ of Richfield New Maintenance Facilit~ Total Project Budget Breakdown: 5-15-01 Description Building Cost wI Sitework $10,726,225 $ 582,275 Construction Contingency Construction Management Fee $ 295,000 Sub Total Construction $11,603,500 ** pending 4 Bid Package. rebids Professional Fees $ 825,000 Reimbursables $ 130,000 V oice/Data/Cabling in bids Owner Furnishings $ 250,000 Property Acquisition $ 100,000 TOTAL PROJECT BUDGET $12,908,500** pending 4 Bid Package rebid ~.com GUNDLACH CHAMPION Altogether Different... 13-5 CITY OF RICHFIELD, MINNESOTA Bid Opening April 26, 2007 2:00 p.m. Maintenance Facility - General Trades and Specialties Bid No. 07-11 Bid Package 06 00 00 Pursuant to requirements of Resolution NO.1 015, a meeting of the Administrative Staff was called by Nancy Gibbs City Clerk, who announced that the purpose of the meeting was to receive, open and read aloud, bids for Maintenance Facility-General Trades and Specialties, as advertised in the official newspaper on March 29, 2007, and the Construction Bulletin on March 26,2007 and April 2,2007. Present: Nancy Gibbs City Clerk Cheryl Krumholz, City Manager Representative Randy Hughes, Operations Superintendent The following bids were submitted and read aloud: Contractor Rec Add Base Bid Bid Alt Bid #3 #1,#2,#3,#4 Security Transl Panel (Add/Deduct) R. K. Construction Co. ~ $295,000 Received $3,800 -$6,500 Kellington Construction Inc. ~ $202,700 Received $2,500 -$4,215 George F. Cook ~ $268,900 Received $3,100 -$8,400 Construction. Co. The City Clerk announced that the bids would be tabulated and considered at the May 22, 2007 City Council Meeting. Nancy Gibbs City Clerk 13-fp CITY OF RICHFIELD, MINNESOTA Bid Opening April 26, 2007 2:00 p.m. Maintenance Facility - Acoustical Panel Ceilings Bid No. 07-17 Bid Package 09 50 00 Pursuant to requirements of Resolution NO.1 015, a meeting of the Administrative Staff was called by Nancy Gibbs City Clerk, who announced that the purpose of the meeting wasto receive, open and read aloud, bids for Maintenance Facility - Acoustical Panel Ceilings, as advertised in the official newspaper on March 29, 2007, and the Construction Bulletin on March 26, 2007 and April 2,2007. Present: Nancy Gibbs City Clerk Cheryl Krumholz, City Manager Representative Randy Hughes, Operations Superintendent The following bids were submitted and read aloud: Contractor Rec Add Base Bid Bid Security #1,#2,#3,#4 . Twin Cities Acoustics Inc. ~ $23,850 Received The City Clerk announced that the bids would be tabulated and considered at the May 22, 2007 City Council Meeting. Nancy Gibbs City Clerk 13-7 CITY OF RICHFIELD, MINNESOTA Bid Opening April 26, 2007 2:00 p.m. Maintenance Facility - Carpeting Bid No. 07-19 Bid Package 09 68 00 Pursuant to requirements of Resolution NO.1 015, a meeting of the Administrative Staff was called by Nancy Gibbs City Clerk, who announced that the purpose of the meeting was to receive, open and read aloud, bids for Maintenance Facility - Carpeting, as advertised in the official newspaper on March 29, 2007, and the Construction Bulletin on March 26,2007 and April 2,2007. Present: Nancy Gibbs City Clerk Cheryl Krumholz, City Manager Representative Randy Hughes, Operations Superintendent The following bids were submitted and read aloud: Contractor Rec Add Base Bid Bid Security #1,#2,#3,#4 Master Floors Inc. ~ $44,991 Received Grazzini Bros. & Co. ~ $48,000 Received Commercial Flooring Services ~ $47,339 Received St. Paul Linoleum & Carpet Co ~ $44,845 Received The City Clerk announced that the bids would be tabulated and considered at the May 22, 2007 City Council Meeting. Nancy Gibbs City Clerk /3.-~ CITY OF RICHFIELD, MINNESOTA Bid Opening April 26, 2007 , 2:00 p.m. Maintenance Facility - Painting Bid No. 07-20 Bid Package 09 91 00 Pursuant to requirements of Resolution NO.1 015, a meeting of the Administrative Staff was called by Nancy Gibbs City Clerk, who announced that the purpose of the meeting was to receive, open and read aloud, bids for Maintenance Facility-Painting, as advertised in the official newspaper on March 29,2007, and the Construction Bulletin on March 26,2007 and April 2,2007. Present: Nancy Gibbs City Clerk Cheryl Krumholz, City Manager Representative Randy Hughes, Operations Superintendent The following bids were submitted and read aloud: Contractor Rec Add #1 ,#2,#3,#4 Base Bid Bid Security Alt Bid #1 Lower Level (Deduct) Steinbrecher Painting Inc. III $131,000 Received $4,300 Wasche Commercial III $138,500 Received $6,102 The City Clerk announced that the bids would be tabulated and considered at the May 22, 2007 City Council Meeting. Nancy Gibbs City Clerk 13". 9 CITY OF RICHFIELD, MINNESOTA Bid Opening April 26, 2007 2:00 p.m. Maintenance Facility - Metal Lockers Bid No. 07-21 Bid Package 10 51 00 Pursuant to requirements of Resolution NO.1 015, a meeting of the Administrative Staff was called by Nancy Gibbs City Clerk, who announced that the purpose of the meeting was to receive, open and read aloud, bids for Maintenance Facility - Metal Lockers, as advertised in the official newspaper on March 29, 2007, and the Construction Bulletin on March 26,2007 and April 2,2007. Present: Nancy Gibbs City Clerk Cheryl Krumholz, City Manager Representative Randy Hughes, Operations Superintendent The following bids were submitted and read aloud: Contractor Rec Add Base Bid Bid Security #1 ,#2,#3,#4 J.F. Equipment Co. ~ $22,500 Received Haldeman Homme Inc. ~ $30,166 Received The City Clerk announced that the bids would be tabulated and considered at the May 22, 2007 City Council Meeting. Nancy Gibbs City Clerk 13-10 CITY OF RICHFIELD, MINNESOTA Bid Opening April 26, 2007 2:00 p.m. Maintenance Facility - Manufacturing Casework Bid No. 07-22 Bid Package 12 30 00 Pursuant to requirements of Resolution NO.1 015, a meeting of the Administrative Staff was called by Nancy Gibbs City Clerk, who announced that the purpose of the meeting was to receive, open and read aloud, bids for Maintenance Facility - Manufacturing Casework, as advertised in the official newspaper on March 29,2007, and the Construction Bulletin on March 26, 2007 and April 2,2007. Present: Nancy Gibbs City Clerk Cheryl Krumholz, City Manager Representative Randy Hughes, Operations Superintendent The following bids were submitted and read aloud: Contractor Rec Add Base Bid Bid Security #1,#2,#3,#4 Northern Woodwork Inc. ~ $66,865 Received The City Clerk announced that the bids would be tabulated and considered at the May 22, 2007 City Council Meeting. Nancy Gibbs City Clerk 13-1/ CITY OF RICHFIELD, MINNESOTA Bid Opening April 26, 2007 2:00 p.m. Maintenance Facility - Freight Elevator Bid No. 07-24 Bid Package 142400 Pursuant to requirements of Resolution NO.1 015, a meeting of the Administrative Staff was called by Nancy Gibbs City Clerk, who announced that the purpose of the meeting was to receive, open and read aloud, bids for Maintenance Facility-Freight Elevator, as advertised in the official newspaper on March 29,2007, and the Construction Bulletin on March 26,2007 and April 2, 2007. Present: Nancy Gibbs City Clerk Cheryl Krumholz, City Manager Representative Randy Hughes, Operations Superintendent The following bids were submitted and read aloud: Contractor Rec Add Base Bid Bid Security #1,#2,#3,#4 Minnesota Elevator Inc. ~ $324,156 Received The City Clerk announced that the bids would be tabulated and considered at the May 22, 2007 City Council Meeting. Nancy Gibbs City Clerk i~'-l a CITY OF RICHFIELD, MINNESOTA Bid Opening April 26, 2007 2:00 p.m. Maintenance Facility - Vehicle Lifts Bid No. 07-25 Bid Package 14 45 00 Pursuant to requirements of Resolution No.1 015, a meeting of the Administrative Staff was called by Nancy Gibbs City Clerk, who announced that the purpose of the meeting was to receive, open and read aloud, bids for Maintenance Facility - Vehicle Lifts, as advertised in the official newspaper on March 29,2007, and the Construction Bulletin on March 26,2007 and April 2,2007. Present: Nancy Gibbs City Clerk Cheryl Krumholz, City Manager Representative Randy Hughes, Operations Superintendent The following bids were submitted and read aloud: Contractor Rec Add Base Bid Bid Security #1,#2,#3,#4 Pump and Meter Service Inc. ~ $37,693.84 Received Ari-Hetra Automotive Resources Inc. ~ $55,425.64 Received The City Clerk announced that the bids would be tabulated and considered at the May 22, 2007 City Council Meeting. Nancy Gibbs City Clerk /3-{3 CITY OF RICHFIELD, MINNESOTA Bid Opening April 26, 2007 2:00 p.m. Maintenance Facility - Paving Bid No. 07-32 Bid Package 32 00 00 Pursuant to requirements of Resolution NO.1 015, a meeting of the Administrative Staff was called by Nancy Gibbs City Clerk, who announced that the purpose of the meeting was to receive, open and read aloud, bids for Maintenance Facility - Paving, as advertised in the official newspaper on March 29, 2007, and the Construction Bulletin on March 26,2007 and April 2,2007. Present: Nancy Gibbs City Clerk Cheryl Krumholz, City Manager Representative Randy Hughes, Operations Superintendent The following bids were submitted and read aloud: Contractor Rec Add Base Bid Bid Security #1,#2,#3,#4 Northwest Asphalt Inc. ~ $265,580 Received Valley Paving Inc. ~ $325,000 Received Bituminous Roadways Inc. ~ $176,885 Received The City Clerk announced that the bids would be tabulated and considered at the May 22, 2007 City Council Meeting. Nancy Gibbs City Clerk /3,- I L/ CITY OF RICHFIELD, MINNESOTA Bid Opening April 26, 2007 2:00 p.m. Maintenance Facility - Irrigation and Landscaping Bid No. 07-33 Bid Package 32 80 00 Pursuant to requirements of Resolution NO.1 015, a meeting of the Administrative Staff was called by Nancy Gibbs City Clerk, who announced that the purpose of the meeting was to receive, open and read aloud, bids for Maintenance Facility - Irrigation and Landscaping, as advertised in the official newspaper on March 29,2007, and the Construction Bulletin on March 26, 2007 and April 2, 2007. Present: Nancy Gibbs City Clerk Cheryl Krumholz, City Manager Representative Randy Hughes, Operations 'Superintendent The following bids were submitted and read aloud: Contractor Rec Add Base Bid Bid Security #1,#2,#3,#4 Arteka Companies ~ $70,345 Received Minnesota Valley Wholesale Inc. ~ $74,817 Received North Metro Landscaping Inc. ~ $59,900 Received The City Clerk announced that the bids would be tabulated and considered at the May 22, 2007 City Council Meeting. Nancy Gibbs City Clerk . AGENDA SECTION: AGENDA ITEM # REpORT # OTHER BUSINESS '14 138 ...... STAFF REpORT RICHFIELD CITY COUNCIL MEETING MAy 22, 2007 REpORT PREPARED By: THOMAS FOLEY, TRANSPORTATION ENGINEER NAME, TITLE COUNCIL PRESENTER: DEPARTMENT DIRECTOR REVIEW: Er" 1!1 REVIEWED BY CITY MANAGER: ITEM FOR COUNCIL CONSIDERATION: Consideration of establishing a landscaping policy for public rights of way and approving additionallandscapinq for 66th Street and Richfield Parkway Roundabout Proiect. 1. RECOMMENDED ACTION: . By Motion: Approve increased landscaping for the 66th Street and Richfield Parkway Roundabout. . Consider adopting a policy for financing increased landscaping in public riahts of way. I II. BACKGROUND I At the April 1 0, 2007 Council work session, City staff raised the issue of increased landscaping maintenance in public rights of way. Since then, discussions with neighbors on the 6600 block of 1 yth Avenue and with one nearby business have resulted in several requests for irrigation and additional landscaping for several areas near the new 66th Street and Richfield Parkway roundabout. Some of this landscaping will be temporary until redevelopment occurs south of 66th Street. See attached map. 0522 Landscaping Policy Staff is asking for Council direction on: (1) the extent of increased landscaping and irrigation that should be provided in response to requests from 1 ih Avenue neighbors; and, (2) the long-term policy implications of honoring these requests. The proposed Richfield Parkway and 76th Street east of 35W are just two other examples where increased landscaping have been proposed but no financing mechanism has been identified to cover increased maintenance costs. A discussion of policy options for financing landscaping is attached for your review. Council can choose to delay deciding on a long.,term landscaping policy until a larger project than the 66th Street and Richfield Parkway Roundabout Project is under review. I III. BASIS OF RECOMMENDATION I I A. POLICY I . Current policy does not provide irrigated landscaping in public rights of way outside special maintenance districts. State law now requires the consent of property owners before new maintenance districts are formed. I B. CRITICAL ISSUES I . Increased emphasis on aesthetics in public rights of way enhances the City's image to existing and potential residents and businesses. . Council direction is needed to respond to several requests associated with the 66th Street and Richfield Parkway roundabout project. I C. FINANCIAL I . Additional landscaping will increase maintenance costs. Options for paying for these increased costs need to be evaluated. . For the 66th Street and Richfield Parkway roundabout(Refer to attached map): there is no extra cost for Alternative A; the increased construction cost for Alt. B- Additional irrigation and seeding in the. southeast corner of the roundabout is $3,300; the increased construction cost for Alt. C-Landscaping around parking lot is $4,000; and, the increased construction cost for Alt. D-additional irrigation along the existing berm is $7,200. The maintenance costs are estimated to range from $5,000 to $6,000 per year. I D. LEGAL I . City Attorney will be available to answer any questions on policy alternatives being considered. . I IV. ALTERNATIVE RECOMMENDATION(S) I . Council can choose to reject any and all of the additional landscaping requested as part of the 66th Street and Richfield Parkway roundabout. . Several options for financing landscaping will be discussed. . Council can choose to delay a decision on a landscaping policy. ATTACHMENTS I . Policy options for increased landscaping in public rights of way. . Map showing landscaping alternatives around the 66th Street and Richfield Parkway roundabout. PRINCIPAL PARTIES EXPECTED AT MEETING I . Representatives of the Dental Health Care Center, 1717 East 66th Street. IV. I VI. p-l-I Policy Options for Financing Landscaping Maintenance in Public Rights of Way Why? The City has been interested in improving the appearance of public rights of way for some time. Changes in state law make it increasingly difficult to create maintenance districts that rely on special assessments to pay for the increased cost to maintain the landscaping in public right of way. 1. Current Policy/Practice (Maintenance Assessment Districts) The City has two maintenance assessment districts, the LHN and the 7yth Street Districts. City maintenance staff provides an increased level of maintenance in these areas to improve their appearance. They annually cost $45,000 and $70,000 respectively. Costs are assessed on a square foot basis at a rate of 1.5 to 2 cents per square foot. State law no longer allows creation of thislype of district. They provide the following services: 1. Mow and fertilize all boulevard islands. 2. Weed and maintain curb, gutter and concrete islands. 3. Mow, fertilize and spray for weeds in turf areas. 4. Maintain all city-owned irrigation on the islands and boulevards. 5. Maintain the flower and shrub beds on both sides of the sound wall. (7yth St.) 6. Maintain the wood sound barrier on the north boulevard.(7yth St.) 7. Tree trimming and replacement. 8. Sidewalk repair (7yth St.) or decorative sidewalk maintenance (LHN). 9. Extra street sweepings mid-summer. 10. Picking up litter in the commons areas. 11. Empty trash containers (LHN.) 12. Maintain the decorative light fixtures (LHN.) 13. Maintain the furniture on the boulevards, benches, trash containers and fencing (LHN.) 2. Special Service Districts. The City of Minneapolis has 18 special service districts and Saint Louis Park has 4 districts. A district is formed by petition of 65% of businesses in a district (35% of businesses can petition for a district to be disbanded.) A d'istrict is formed by city ordinance. City Council appoints affected businesses to serve on a Board that selects services it wants. City staff solicits bids for services and administers contracts for the district. Board meets annually to select services and discuss assessment rates. Both cities have staff devoted to special service districts. 3. Residential Area Policy/Practice State law does not allow residential property to be assessed in a maintenance district. Therefore, the City is limited to using general funds to pay for the cost of landscaping. However, it has been standard City practice to rely on residents to maintain the boulevard infront on their home. This also applies to businesses not in a special assessment district. The result may be an inconsistent approach to maintenance but it is done at no cost to the city. 4. Voluntary/Cooperative Option In isolated cases it may be possible to work with individual businesses where the city installs vegetation, irrigation lines and other streetscape features while the business agrees to perform all of the maintenance. The city is then limited to the capital cost for landscaping in the public right of way while having no maintenance responsibility. This situation has arisen with the Dental Health Care Center, 1717 E. 66th Street. The dental clinic is interested in maintaining the boulevard around its property and has asked the city to pay for irrigation lines that would connect to the clinic's water system. This has the advantage of assuring attractive landscaping without the on-going cost being carried by the city. JLf-~ 5. General Fund Option The City is encouraging improved landscaping in new commercial districts such as Cedar Point Commons and south along the new Richfield Parkway. Also, arterials and collectors located in residential areas are being evaluated for new parkway type roads as part of updating the City Comprehensive Plan. A good example is the study to redesign 76th Street east of 35W. If all these commercial districts, and arterials/collectors serving residential areas receive landscape upgrades, then the City should consider a new citywide standard of landscaping that would eliminate or supplement the existing special service districts. As increasing areas of the city are governed by higher landscaping standards, it may be simpler to rely on general fund revenues to provide increased landscape maintenance throughout the city. This method assures all areas are properly maintained without reliance on annual assessments. Many of the areas where increased landscaping has been suggested are in residential areas that can not be assessed for maintenance services. Most recently, residents on the 6600 block of '1th Avenue recommended irrigation and additional landscaping along the future Richfield Parkway where only residential development currently exists. The City does not have an existing assessment mechanism to pay to maintain the additional landscaping residents have requested. 6. Combination of Special Service District and General Fund Option The City could offer to contribute a certain percentage (say 50%) of the costs to operate a special service district, recognizing that there is a citywide benefit to improved appearance of the public rights of way that justify using general fund revenues to maintain landscaping. This could make the special service district increasingly attractive to commercial property owners. 7. Delay Decision on Landscaping Policy Council may choose to delay any decision on a new landscaping policy until a larger project than the 66th Street and Richfield Parkway Roundabout Project is being reviewed. Some of the landscaping proposed for the roundabout is temporary pending redevelopment occurring south of 66th Street. Also, the Ryan Companies will be maintaining some of the landscaping in the public right of way adjacent to the Cedar Point Commons development until redevelopment occurs south of 66th Street. . II~ 9. ~ f;l ~ iil ~ a1 ~~ g. _Ill =351' ~~f !!;;~.e 5 i~ III -~ o ~n Iii ~~ gf '< ~~ "'~ .,," ~i' ~5' .~~ ~~ ~~ ,..2 ~~ " Q Q ,:: ~ ~ ~ ~ o II :;- Q ... ~ 3 !;. ~ ~ r-~ )> Z c en o )> -U - Z Q )> r- -I m ;a z )> -I - < m en i~~ ~ l t.f--3 ~ 1;> ~- {tCf ~ II I I L._ ___ '---T' . ---r- -:T---" - . i~~ ~ __1____ i~~ ~ , ------~- -- ---r- - - "T" i~~ ~ , -,-- -_.._--~----- ~ -] '" ~ I , 1___.._-.- ~ -, '" ~ i ~ !!l : i f' I ! I AGENDA SECTION AGENDA ITEM # REpORT # OTHER BUSINESS 15 139 ...... STAFF REpORT RICHFIELD CITY COUNCIL MEETING MAy 22, 2007 REpORT PREPARED By: CHERYL KRUMHOLZ, EXEC. COORDINATOR . NAME, TITLE COUNCIL PRESENTER: REVIEWED BY CITY MANAGER: ri ITEM FOR COUNCIL CONSIDERATION: Discussion regarding Council attendance at the 2007 National Organization to Insure a Sound- controlled Environment (N.O.I.S.E.) conference in Atlanta, GA from Julv 18-20, 2007. I. RECOMMENDED ACTION: By Motion: Designate Council Member(s) to attend the July 2007 N.O.l.S.E. conference in Atlanta, GA from July 18-20, 2007. I II. BACKGROUND I In 2003, the City Council decided that attendance at conferences should be rotated among the Council Members, therefore this item is placed on the agenda for the Council consideration. According to State Statute 471.66, the governing body of cities and school districts must adopt a policy that controls out-of-state travel for elected officials. That policy was adopted by the City Council in November 2005 and stipulates that the City Council must approve, in advance by a motion, attendance at out-of-state conferences. Registration is available online. The fee for N.O.I.S.E. members is $350. The www.aviation-noise.orq website states that additional information will be available soon. Designation of a Council Member(s) is presented for consideration so there is adequate time to check schedules. I III. BASIS OF RECOMMENDATION 0522NOISE I A. POLICY I . The Council has determined that attendance at the annual National League of Cities conferences and N.O.I.S.E. Conference is beneficial to the City's operations and long-range planning efforts. I B. CRITICAL ISSUES I . It is critical that the City Council remains in the informational loop regarding congressional activities as it relates to airport/aviation activities, federal funds and homeland security issues. I C. FINANCIAL I . The N.O.I.S.E. Conference is budgeted in the HRA 2007 budget. . The estimated total cost of this conference, including registration, airfare, lodging and meals is $1500 per Council Member. I D. LEGAL I . According to State Statute 471.66, the governing body of cities and school districts must adopt a policy that controls out-of-state travel for elected officials. The policy was adopted by the City Council in November 2005 and applies to this motion. I IV. ALTERNATIVE RECOMMENDATION(S) I . Do not designate a Council Member to attend the conference. Iv. ATTACHMENT(S) . Conference attendance record I VI. PRlNCIP AL PARTIES EXPECTED AT MEETING . None. /5-1 COUNCIL MEMBER ATTENDANCE AT NATIONAL CONFERENCES 2004 - 2007 CONFERENCE DATE LOCATION ATTENDEES 2004 NLC March 5-9 WashinQton, DC Kirsch NLC April 29-May 1 Portland, OR Sandahl .1 nstitute for Rosenberg Youth, Education and Families NOISE July 21-23 TBA None NLC November 30 - Indianapolis, IN None December 4 2005 . NLC -c- March 11-15 Washington, DC Kirsch Congressional City Conference NOISE July 20-22 Eagan, MN All Council Members NLC December 6-10 Charlotte, NC None Congress of Cities 2006 NLC March 11-15 Washington, DC Kirsch Congressional City Conference NOISE September 27-29 San Francisco, CA Kilian NLC December 5-9 Reno, NV Sandahl Congress of Cities 2007 NLC March 10-14 Washington, DC Goettel Congressional Devich City Conference NOISE July 18-20 Atlanta, GA NLC November 13-17 New Orleans,LA Congress of Cities 05/1 0/07 AGENDA SECTION: . Resolution AGENDA ITEM # 16 REpORT # 140 STAFF REpORT RIGiI-+lFIE120 CITY COUNCIL MEETING MAY 22, 2007 REpORT PREPARED By: MELISSA POEHLMAN, PLANNING & ZONING ADMINISTRATOR NAME, TITLE COUNCIL PRESENTER: DEPARTMENT DIRECTOR REVIEW: REVIEWED BY CITY MANAGER: ITEM FOR COUNCIL CONSIDERATION: Consideration of an amendment to an off-street parking permit at 7431-7521 Lyndale Avenue (Gatewav Apartments) to allow the construction of oaraoes. . 1. RECOMMENDED ACTION: By Motion: Approve the attached resolution for an amended off- street parking permit at 7431-7521 Lyndale Avenue. I II. BACKGROUND I In 1963, the Council granted both a special use permit (SUP) and an off-street parking permit (aSP) for the construction of nine apartment buildings at the above listed addresses. An off-street parking permit amendment that allowed the removal of five parking stalls to allow for the installation of a back-up fuel system was subsequently approved on October 23, 1995. At Home Apartments is currently in the process of purchasing the Gateway Apartment properties. Upon purchase they would like to install a row of garages behind the southern-most building (7521 Lyndale) and behind the northern-most building (7431 Lyndale). The construction of the 3 garages with a total of 47 stalls will result in a net loss of 7 parking spaces. At Home Apartments also plans to renovate the on-site rental office and improve the exterior of each apartment building. 050807 - asp 7431-7521 Lyndale Ave This item was on the May 8, 2007 City Council agenda but was tabled because of discovered utility conflicts. After approximately one week of discussion between the applicant and the Public Works Department, these conflicts have now been resolved; however, the item was inadvertently left off the May 22, 2007 City Council agenda. This item hasbeen added to the agenda so that the request for an amendment to the off-street parking permit may be addressed as soon after the closing as possible. The closing was held May 21,2007. I III. BASIS OF RECOMMENDATION I I A. POLICY I . City requirements call for 2 parking spaces per unit; however, the Council may reduce this requirement to not less than 1.25 spaces per unit if factors warrant reduction. o The proposal will provide 1.89 spaces per unit. o All units are one-bedroom units, therefore staff feels that the parking provided will continue to satisfy the needs of the property. . City landscape requirements call for parking areas to be landscaped using trees, shrubs, sod and groundcover plants. The hardscape currently in place in the parking lot islands will be removed and replaced by shade trees and groundcover. . To ensure continued compliance with City standards the nine parcels that comprise this site must be maintained as a single site. A Declaration of Restrictive Covenants for the properties will be recorded with the County. This document will put future owners on notice that the parcels must be sold together in order to satisfy City ordinance requirements. I B. CRITICAL ISSUES I . The proposed garages are located over . All City requirements are met. . The proposed changes will enhance the aesthetic appeal of the site and provide amenities for residents. . Because all of the units are one-bedroom units, the new property owners are hoping that the addition of the garages will help to diversify their product. . This item has been added to the May 22,2007 agenda so that the request for an amendment to the off-street parking permit may be addressed as soon after the closing as possible. The closing was held May 21,2007. I C. FINANCIAL . The required fee has been paid. I D. LEGAL. I . The City Attorney will review and approve the declaration of restrictive covenants prior to its being filed with the County. I IV. ALTERNATIVE RECOMMENDATION(S) I . Deny the amended off-street parking permit. I V. ATTACHMENTS . Resolution . Site plan . Survey . DRAFT restrictive covenant . Zoning & land use maps I VI. PRINCIPAL PARTIES EXPECTED AT MEETING I . Andy Wilhoit and/or Alan Spaulding, At Home Apartments It~l RESOLUTION NO. RESOLUTION GRANTING AN AMENDED OFF-STREET PARKING PERMIT AT 7431-7521 LYNDALE AVENUE SOUTH WHEREAS, an application has been filed with the City of Richfield which requests approval of an amended off-street parking permit for the parcels of land located 7431-7521 Lyndale Avenue South, legally described on the attached Exhibit A; and WHEREAS, the requested amended 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 amended off-street parking permit. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Richfield, Minnesota, as follows: 1. That an amended off-street parking permit is hereby approved for a parking area as detailed in the approved site plan, which provides for 579 parking spaces. 2. Final landscape plans must be submitted to and approved by the Community Development Department prior to the issuance of any building permits. 3. A declaration of restrictive covenants must be submitted for approval by the City Attorney and recorded with Hennepin County prior to the issuance of any building permits. 4. All parking spaces must be accessible year round. 5. 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 22nd day of May, 2007. Debbie Goettel, Mayor ATTEST: Nancy Gibbs, City Clerk Ib') Exhibit A All that part of the Northwest ~ of the Southwest ~ of Section 34, Township 28, West of the 4th Principal Meridian, described as follows: Beginning at a point in the West line of said Section 34, which is 330 feet South of the Northwest corner of the Southwest ~ of Section 34; thence East parallel with the North line ofthe Southwest ~ of Section 34, 1322.8 feet to the East line of the Northwest ~ of the Southwest ~ of Section 34; thence South along said East line 660 feet; thence West 1320.4 feet to a point in the West line of said Section 34, which is 660 feet South of the point of beginning; thence North to the point of beginning; except the South 4 feet of the North 334 feet of the Northwest ~ of the Southwest ~ of Section 34, Township 28, Range 24 and except the Easterly 493.68 feet thereof, according to the United States government survey thereof, Hennepin County, Minnesota. 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" ~ ~ ~ i ~ ~ ~.@ ~~~R~ ~~~~~. a. .. :a ~ I II III r- r- r' cr \ '* Q '0. iii: II 8 z ~ M ..&1:,1>1.0 $ iol: "03S..IO t.)-;:-,.,.,s 3I-U..:iO ioh"MN 3H1 .lO-iNn ~ '3U.J.--- "r-, r " , I ~ '=!itT~gli: 'ON ':lOCI tad .LN3nJSV3 SVO ..,fo! U1 ~ <<< " <<<- <Xl OJ ,. ,1:/: -;.. " ~ Ib -/ S RESTRICTIVE COVENANT TillS RESTRICTIVE COVENANT is made the _ day of May, 2007 by Lynwood Partners, LLC, a Minnesota limited liability company (the "Owner"). RECITALS A. The Owner owns that certain real property legally described on Exhibit A attached hereto, improved with nine (9) separate apartment buildings, each having a separate tax parcel (the "Property"). The Owner desires to make certain improvements to the Property, including, but not limited to, the construction of forty-seven (47) garage stalls. B. The City of Richfield (the "City") approved the construction of forty-seven (47) garage stalls, but the City's approval of such improvements is conditioned upon the Owner's agreement that it will not sell less than all of the Property without the City's prior written consent in order to avoid possible parking issues should less than all of the Property be owned by the same person or entity. NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Owner agrees as follows: 1. Restrictive Covenant. The Owner agrees that the Owner, and any future owner of the Property, shall not sell or convey less than all of the Property without the City's prior written consent. This restriction shall not prohibit. the pledging of the Property as security for any financing related to the Property or from a lender's exercise of remedies against the Property or the Owner of the Property. 2. Successors and Assigns. This restrictive covenant shall be binding upon the Owner and its successors and/or assigns. IN WITNESS WHEREOF, Lynwood Partners, LLC has executed this Restrictive Covenant as of the day and year first above written. OWNER: L YNWOOD PARTNERS, LLC, a Minnesota limited liability company By Its 3205804v1 9999-14 7431-7521 Lyndale Avenue - asp Amendment Surrounding Zoning Jb~l May 2007 I ~ ~ /' DP lxDl I ~ RES,) COM COM CHURCH LXD LXD LXD LXD PLXD PLX j[ DPLX lroOI' R~ PLX \. F/=.s COM It , ~ES RES RES ~ RES COM RES RES V< RES APT RES RES COM RES PRK RES RES COM RES RES COM (/) RES COM <J) COM :J c: RES <J) COM ~ COM RES RES RES RES RES RES ES ~ES <J) J\Es COM ro RES RES RES COM "'0 RES RES RES RES c: COM R~ ~ RES RES RES RES. RES REs) RES RE~ COM RES r"l "- COM RES RES RES RES RES P ~ 76th Street ~ RES RES RES APT f-J f- N A COM - Commercial RES - Single-Family Residential DPLX - Two-Family Residential APT - Multi-Family Residential PRK - Park o 95 190 380 570 760 Feet Richfield Community Development (MP) May 1, 2007 - - 7431..7521 Lyndale Avenue.. asp Amendment Surrounding Zoning lfo-~ May 2007 I ~ -- ./ II R-1 /, ~ R ~ C-2 C-2 MR-2 fv1R-1 MR-1 MR-1 MR-1 MR-1 MR-1 MR-1 ~1 R/ R-1 , J. C-2 A~ R C-2 C-1 Ii? '" R C-2 R R R C-2 R R C-2 R R R R C-2 R R C-2 CJ) R C-2 Q) C-2 :J c: R Q) C-2 ~ C-2 R R R R R R R R Q) ~ C-2 (ij R R R R R R R C-2 -0 c: C-2 1\ 3- R R R R R R) R R\. C-2 R C-2 R R R R R / '" "'- 76th Street R R R PC-2 f--J - o 95 190 - - 380 C-1 - Neighborhood Commercial C-2 - General Commercial R - Residential MR-1 - Two-Family Residential MR-2 - Multi-Family Residential MR-3 - High-Density Multi-Family Residential 570 76~ t Richfield Community Development (MP) ee May 1, 2007 N A