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07-24-07 AgendaREVISED CITY OF RICHFIELD, MINNESOTA. TUESDAY, JULY 24, 2007 • SPECIAL CITY COUNCIL WORKSESSION COUNCIL CHAMBERS 6700 PORTLAND AVENUE 5:30. P.M. AGENDA Call to order Roll call 5:30 - 6:00 p.m. 1. Update from City Hall Task Force II regarding schedule and discussion related to Council Chambers and public meeting space needs at proposed new City Hall/Police/Fire facility Notes: 6:00 - 6:50 p.m. 2. Update regarding City of Richfield mid-year 2007 strategic goals • 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 July 10, 2007; (2) Special City Council Closed Executive Session of July 10, 2007; (3) Regular City Council Meeting of July 10, 2007; and (4) Special City Council Worksession of July 10, 2007 PRESENTATIONS 1. Presentation of 2007 Landscaping Good Neighbor Awards (Council Memo No. 122) 2. Presentation by Ryan Companies US, Inc. of sculpture for Cedar Point Commons (Council Memo No. 123) OTHER BUSINESS 3. Consideration of executing. contract not to exceed $17,575, with Springsted, Inc. to conduct community opinion survey to gather feedback on various City services, programs and issues (suggest moving to after Consent Calendar) Staff Report No. 191 • Notes: COUNCIL DISCUSSION 4. Council discussion • Hats Off To Hometown Hits • Canceling August 28 Regular City Council Meeting 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 authorizing agreement between Minnesota Department of Public Safety and City of Richfield, Public Safety Department, • accepting grant funds used for payment of overtime for police officers involved in Safe & Sober Program S.R. No. 192 B. Consideration of approval of resolution accepting Agreement No. 91507 between Minnesota Department of Transportation and City of Richfield to complete design of Lyndale Avenue bridge over I-494 S.R. No. 193 C. Consideration of approval of Grit Chamber Agreement; Drainage and Utility Easement and Water-Main Easements Agreement; and Utilities, Parking and Access Easement Agreement for Shops at Lyndale development S.R. No. 194 D. Consideration of approval of authorizing payment to Short Elliot Hendrickson (S.E.H.) in amount of $29,852 for additional time commitments to complete design and bidding services for new maintenance facility and additional $20,668 of reimbursable expenses associated with bidding, testing and commissioning project S.R. No. 195 E. Consideration of approval of purchase of 12 in-car video systems from Mobile- Visions, Inc. for police squad cars in amount of $85,501; including sales tax and shipping S.R. No. 196 F. Consideration of approval of request for new taxi license for Black & White Taxi, 1352 Maynard brive East, St. Paul, MN S.R. No. 197 Notes: 7. Consideration of items, if any, removed from Consent Calendar Notes: • PUBLIC HEARINGS 8. Public hearing and second reading of transitory ordinance vacating alley easement adjacent to 6548-15th Avenue Staff Report No. 198 Notes: 9. Public hearing regarding resolution granting preliminary and final approval of subdivision for Shops at Lyndale development; southwest quadrant of 77th Street and Lyndale Avenue Staff Report No. 199 Notes: 10. Public hearing regarding resolution amending Comprehensive Plan designating property at northwest corner of 66th Street and Portland Avenue as medium density • multi-family residential and property at northeast corner as community commercial to north and park to south Staff Report No. 200 Notes: 11. Public hearing and second reading of transitory ordinance authorizing sale of excess right-of--way real property at 6544 Portland Avenue for right-of-way purposes and resolution authorizing summary publication of transitory ordinance (continued from July 10, 2007) Staff Report No. 201 Notes: 12. Public hearing regarding resolution amending conditional use permit to allow construction of additional multi-stall garage and expansion of parking area at 500 66th Street East; Victoria Manor Staff Report No. 202 Notes: - RESOLUTION • 13. Consideration of resolution revoking special use permit allowing operation of public garage at 6544 Portland Avenue, Mr. Tire, as reconstruction of 66th Street and Portland Avenue intersection will render site too small for said use Staff Report No. 203 Notes: PUBLIC HEARINGS 14. Public hearing and second reading of transitory ordinance authorizing sale of excess right-of--way real property at 6545 Portland Avenue for right-of--way purposes and resolution authorizing summary publication of transitory ordinance (continued from July 10, 2007) Staff Report No. 204 Notes: • 15. Public hearing regarding resolution amending conditional use permit to allow construction of additional parking area and reconfiguration of driveways at 6507, 6527 and 6545 Portland Avenue Staff Report No. 205 Notes: RESOLUTIONS 16. Consideration of resolution revoking special use permit allowing combination gasoline service station, store and car wash at 6545 Portland Avenue, BP Amoco, as reconstruction of 66th Street and Portland Avenue intersection will render site too small for said uses Staff Report No. 206 Notes: 17. Consideration of resolution establishing just compensation and. authorizing purchase of easements needed to complete 66th Street and Portland Avenue intersection project at 6644 Portland, 6629 Portland, 6636 Portland, 6630 Portland, 6624 Portland, 6620 Portland and 6616 Portland Avenue Staff Report No. 207 Notes: • CITY MANAGER'S REPORT 18. City Manager's report • Request for proposals and selection process for auditors Notes: • 19. 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: 20. Adjournment Auxiliary aids for individuals with disabilities are available upon request. Requests must be made at least 96 hours in advance to the City Clerk at 612-861-9738. • AGENDA SECTION: OTHER BIISINESS AGENDA ITEM # 3 REPORT # 191 STAFF REPORT CITY COUNCIL MEETING JULY 24, 2007 REPORT PREPARED BY: PAM DMYTRENKO ASSISTANT TO THE CITY MANAGER NAME, TITLE COUNCIL PRESENTER: REVIEWED BY CITY ~ - MANAGER: ~ ITEM FOR COUNCIL CONSIDERATION: Authorize staff to execute a contract with Springsted; Inc. to conduct a community opinion surve and re are a re ort summa for the Cit of Richfield. I. RECOMMENDED ACTION: By Motion: Authorize staff to execute a contract, not to exceed $17,575.00, with Springsted, Inc. to conduct a community opinion survey to gather feedback on various City services, programs and issues. II. BACKGROUND One of the goals of the City's 2007 Strategic Plan is to conduct acommunity-wide survey to gauge the needs and concerns of our residents and to assist in identifying future goals. To that end, staff developed a performance specification (see attachment) to solicit proposals from consulting firms for this project. The Council reviewed and commented on the draft performance specification at its May 8, 2007 worksession. The performance specification was subsequently sent to five consulting firms on May 22, 2007. • The City received three proposals by the June 8, 2007 deadline (all three proposals are available in the City Manager's office for review). The three proposals ranged in cost from $13,928 to $24,249, depending on whether the firm was local (with no to minimal travel costs) and what type of survey method was selected (National Research Center recommended a mail survey, but priced out both mail and phone 0710community survey surveys). Staff developed a chart itemizing key selection criteria for all three consulting firms (see attachment). Based on an_analysis of the selection criteria, the two local firms of Springsted, Inc. and CJ Olson Market Research were asked to interview with a panel of four City staff (City-Manager, Steve Devich, Assistant to the City Manager, Pam Dmytrenko, Recreation Services, Director Jim Topitzhofer and Communications Coordinator, Scott Bradley). Interviews took place the week of July 9th and Springsted, Inc. was chosen by the panel to recommend to the City. Council for consideration. Springsted proposes to conduct a random survey of 400 registered voters, with a not-to-exceed cost of $16,675, plus $900 for travel and miscellaneous administrative expenses (see attachment). The strengths Springsted, brings to the City's community survey project include its use of registered voter information, which ensures the survey sample is a mirror image of the City's population and eliminates unnecessary survey questions, the quality of analysis and service, its extensive experience conducting surveys for public. organizations and the effusive praise from past and current clients. While CJ Olson submitted the lowest costing proposal at $13,928, its practice of using random household samples does not provide the richness of data Springsted can offer. References contacted -also indicated that more of the survey questions had to be supplied by the clients themselves. The Richfield School District has • used both consultants in the past and strongly recommended Springsted, highlighting its level of service and comprehensiveness. If authorized, staff will execute a contract with Springsted, Inc. to conduct a random phone sample of 400 registered Richfield voters to be completed by November 1, 2007. Springsted's representatives, Don Lifto and Terri Heaton, will work directly with the City Council and staff to develop the survey questions and deliver a final report to the City Council. III. BASIS OF RECOMMENDATION A. POLICY • The City Council has identified as one of its 2007 goals the completion of a community wide survey. • Staff requires Council authorization in order to enter into a contract with Springsted, Inc. to conduct a community survey. B. CRITICAL ISSUES • In order for the community survey project to be completed by the November 1, 2007 deadline, it is important to select a consultant at the July 24, 2007 meeting in order to initiate the survey development process. • Springsted's better methodology (using registered voter information) provides important demographic information and controls for it during the survey. This methodology also minimizes the number of demographic questions needed to be asked and allows for more questions that are issue-focused instead. C. FINANCIAL • The not-to-exceed cost of the recommended consultant is $17,575 (a base cost of $16,675 plus $900 for travel, supplies, etc.). • .Funding is provided in the 2007 Revised Budget. D. LEGAL • ~ None. IV. ALTERNATIVE RECOMMENDATION(S~ • Select another consultant. • Reject the-three proposals and not pursue a community survey at this time. V. .ATTACHMENTS • Performance specification • Selection criteria chart Springsted, Inc. proposal VI. PRINCIl'AL PARTIES EXPECTED AT MEETING • • Springsted, Inc. client representatives, Don Lifto and Terri Heaton • W y ~_ Z V Q D ~ W W ti =~°o (,~ N ~ O ~ ~ ~ 7 ~' W ~ ww NU cn I.fi W N F- Z J N Z O V • -a d rn R dr ~ ~~ c ~ '~ '_ _ Q ~ . ~, ~-' ~ ~ O " ~ O V ~ Os ~ O } L d O V O M + O ,~ ~~ ~ ° ~ U ~~ (B o N ~ N d d ~ ~ r ~ ~ VJ "~ Q. ~ ~ ~ .~ L y C ~ ~ ~ ~ ~ Y ~ V O i ~ Q to > ~+ N I ~~ Z ~ m Q ~ ~ r ~ ~ N y ~ ~,ti U ~•o~a c m~ °oQa°'ia~ . pl . r ~ ~ N O ~ U ~ t/) O ~ ~ ~ L ~ ~ ~ N ~ a ~ ~ ~ i o C1 ~E ~ E],a-_Q ~ d ~ ~ +., L O k > j O L N Z ~ N y +~. ti ~ ,~ _ ~~ W N U fa ~ O Q X ~ ~ ~ ~ o ~ ~ m ~ ~ ~ O ,, ~ _ i - m m V'~ ~ ~ ~ ~ ' o a' O C'J U , U ~ N Y (0 d ~ .~.+ d ~ Q ~ d Q u;~,- o~ w ~ d E a ~_ U ~ M 3-I v ti ~ (O H d ~ ~ ~ r .r+ O O O ~ i O d c=a > oa a~ v~ O ~ O d ~ 3 O N _d O ~ t N a ~ ~ ~ M O d' R T C N G r C O O ~a ca x -~ d ~ a o ~'o ` _ = o.. L N o ` R O O d C O Q~ Q v 7 ~ O M. .0.. Q v d' L O ~ ^^ ` L O ~ O ~ ~ ~_ O a0 N + ~ y_ ~ O d O ~ ~j d O N ~ ~d ~~ Q Q r3 tv dg. N ~ ~ - N w ~ d ~ u a ~ u~ u .~ N ~ W O .~ ~ a a ~ N M r EA O c eLo = o m O y O O a~i p d N ~ d ~ C H O s a H c 0 °: aNi 7 ~ c a .~ M O N O ~ L Q Q Q fp ~ o ~ ~ , ~ " a d m d ~ o d ~ „o O sL ~ ~ ~:+ ++ 0 ~ ~ ~ O . ~ Z O ~ = o' m o 0 ~ ~ ~ Q ~ ~ ~ ~ ~~ 0 c° o U V 0 ;.:.:~ Q Q # is 3~a PERFORMANCE SPECIFICATION COMMUNITY SURVEY SECTION I -GENERAL INFORMATION A. OBJECTIVE The purpose . of the Performance Specification is to solicit proposals from consulting firms to conduct a community survey among Richfield residents. The Richfield City Council identified as one of its 2007 annual goals, the completion of a survey to provide helpful feedback on various City services, programs and issues. B. BACKGROUND In 1997, the City contracted with a consultant to conduct a community survey of 400 randomly selected residents regarding a wide variety of City services and issues. Now, ten years later, the community has experienced some. significant changes and wants to assess the needs•and opinions of its residents in order to determine the future direction of City services and programs. C. CONTACT Please address all correspondence regarding this Performance Specification to Pam Dmytrenko, Assistant to the City Manager, 6700 Portland Avenue, Richfield, MN 55423.. D. INCURRING COSTS The City of Richfield is not liable for any costs incurred by the prospective firms prior to signing the contract. E. SELECTION CRITERIA 1. Qualifications 2. Completeness of Proposal 3. Commitment. to Complete the Tasks within the Required Timeframe 4. Cost for the Services F. PROPOSAL DEADLINE Proposals must arrive at Richfield City Hall, 6700 Portland Avenue, Richfield, MN 55423, on or before 4:30 p.m., Friday, June 15, 2007. G. DISCLOSURE All information in submitter's proposal, except the analysis, is subject to disclosure under the provisions of Minnesota Statutes, Chapter 13 "Minnesota Government Data Practices Act." H. RIGHT TO REJECT PROPOSALS The City of Richfield reserves the right to reject any and all proposals in whole or in part and to waive any formality or technical defects in the best interest of the City. Selected Performance Specification ~"'^~ Page 2 individuals or firms will be given the opportunity to discuss in more detail their • qualifications and past experience with similar projects and proposed timeframe to accomplish a task. SECTION II -PERFORMANCE SPECIFICATION A. DETERMINE THE BEST METHOD FOR_CONDUCTING A COMMUNITY SURVEY Consultant will be responsible for obtaining information from the City Council and staff to determine what the potential questions will be on a community survey, and to determine what format the questions in the survey should be given in order to determine most accurately how people feel about those questions. The survey will attempt to rate City services and programs, identify strengths and areas for growth or improvement, and assist in providing feedback on future goals and key objectives. Some of the general topics to be addressed include: 1. Transportation projects and issues. 2. Public Safety concerns 3. The effectiveness of the City's communication tools 4. Housing opportunities 5. Redevelopment goals and initiatives B. DEVELOPMENT OF SURVEY AND MEETING REQUIREMENTS The consultant will be responsible for meeting with the pre-planning team to develop a draft survey that would be reviewed and approved by the City Council. The consultant will be responsible for developing final survey questions. C. PROVIDE A SCHEDULE FOR COMPLETION OF THE SURVEY The consultant will proved a realistic timeframe to complete survey questions; collect and interpret data, and to present findings. D. DESIRED DEADLINE FOR SURVEY COMPLETION The desired deadline to complete data collection and present findings and recommendations is November 1, 2007. SECTION III -INFORMATION REQUIRED IN ALL PROPOSALS A. PROFESSIONAL QUALIFICATIONS 1. State the name and the address of the individual(s) who will perform the work. 2. Staff resources -include the number of personnel, by qualification, that will be employed in the project. 3. State history of the firm, in terms of the length of existence. B. PAST INVOLVEMENT WITH SIMILAR PROJECTS Performance Specification ~,._. Page 3 List specific types of experiences your firm has had in developing and designing similar surveys for municipalities. List the name of the person responsible for completing the survey(s) that is referenced. Include a sample of a recent municipal survey (within two years from the date of this specification) developed by your firm. C. QUOTATION FEE State your firms not to exceed fee for the tasks listed in Section II, and include all travel expenditures within this not to exceed fee. List the types of services included in your proposal. D. AUTHORIZED NEGOTIATOR Include the name and phone number of the individual in the organization authorized to negotiate the proposed contract with the City of Richfield. E. ADDITIONAL INFORMATION AND COMMENTS Include any other information that you believe to be pertinent and not specifically asked for in this performance specification. F. BACKGROUND INFORMATION To assist the consultant with determining an appropriate scope of services, a copy of the 1997 survey and summary will be provided upon request. c: • tl 1~ • ~ ~'~:-~ W ,~ >< 4 { ~~ - 1 .:.: .1~'`'~ ~~:~~~ ~ m. ~., Springsted Proposal City of Richfield, Minnesota Proposal to Provide a Statistically Valid Community Surrey June 7, 2007 0 d • S Table of Contents LETTER OF TRANSMITTAL 1 FIRM PROFILE ......................................................................................................1 History and Leadership ..........................................................................................1 Our Clients .............................................................................................................1 Our Service Approach ............................................................................................1 The Center For Community Opinion ...................................................................... 2 Organizational Structure ........................................................................................2 Quality Control .......................................................................................................3 2 COSTS ...................................................................................................................4 3 TIMELINE ..............................................................................................................5 ~ • ~ • I I I 4 METHODOLOGY ...................................................................................................6 Survey Basics ........................................................................................................ 6 5 SERVICE TEAM .................................................................................................... 8 6 CLIENT REFERENCES .......................................................................................11 Mission Statemenf Springsted provides high quality, independent financial and management advisory services to public and non-profit organizations, and works with them in the long-term process of building their communities on a fiscally sound and well-managed basis. Springsted Springsted Incorporated ® 380 Jaci<sen Street, Suite 300 Saint i'aul, CA 55101 ~' ~ p 1.11"1 g 5 ~ E:' ~ ' 7 el: 651.223.3000 Fax: 651.223.3002 ~~+4vw.springsted.com ® LETTER OF TRANSMITTAL ~ June 7, 2007 Ms. Pam Dmytrenko Assistant to the City Manager ~ City of Richfield 6700 Portland Avenue ~ Richfield, MN 55423 Re: Request for Proposal to Provide a Statistically Valid Community Survey ~ Dear Ms. Dmytrenko: • On behalf of Springsted Incorporated, we aze pleased to present a proposal for developing, conducting, ~ analyzing, and reporting a statistically valid community survey for the City of Richfield ("City"). We are confident that data obtained from such a survey will provide valuable information to assist the City in evaluating current perceptions and planning for the future. Springsted's proposal is done in collaboration with the Center for Community Opinion, which has done extensive scientific polling for school groups, cities, libraries, community colleges, non-profits, and ~ businesses. The Center has done extensive work with public schools in Minnesota. References from a representative sample of clients aze included for your information and use. Please feel free to contact either of us with any questions or requests for additional information. I look forwazd to talking to you further. ~ Respectfully submitted, ~ Terri Heaton, Senior Vice President Don Lifto, Senior Vice President Client Representative Client Representative ~ 651-223-3022 651-223-3067 • Firm Profile ~ ~ 1. Firm Profile History and Leadership Springsted Incorporated is one of the largest and most established independent public sector advisory firms in the United States. For more than half a century, 0 we have continually grown in the range of our client relationships, the comprehensiveness of our services and our prominence within the industry. Our managed growth is focused on providing clients with a balance of national ' perspective and local expertise. Organizational effectiveness and human resource productivity are essential in the current environment. Springsted's staff has been advising our clients in these azeas for over 25 yeazs. Most recently we have added scientific, random sample surveys to our planning services in collaboration with The Center for Community Opinion. This tool provides our clients with qualitative ~ information and reliable data from which to plan and make decisions. ~ Our Clients • • School Groups • Cities, Towns, Townships and Villages • Counties • Hospitals • Non-Profit Organizations • Economic Development, • Redevelopment and • Port Authorities • Special Service Groups • Higher Education Authorities • .Electric and Water Utilities • Housing Authorities The states in gold reflect where Springsted's clients are located: Our $erViCe Approach Springsted is unique among advisors in the range and quality of its total service N offerings. With a foundation in public finance, Springsted has expanded its ~ services to include all related financial and management azeas. These ~ "Specialty Service Areas" include operational finance, housing and economic development, investments; as well as organizational management and human ~ resources. This service approach permits us to focus our dedicated specialty ' professional resources within the lazger entity perspective. This approach. ensures solutions satisfy both the immediate project objectives and the overall ~ goals of our clients. • =~ $ ~ ~ ~ ~ ~ ~ ~ Q ~ City of Richfield, Minnesota. Proposal to Provide a Statistically Valid Survey Firm ~ The Center For Community Opinion The Center for Community Opinion and survey reseazch to individuals, l agencies. Each survey is preceded l: attention to detail as survey questior. provide valuable information that pr such as policy development, market ffers quality demographic, mazket sinesses, institutions and government • careful background research and are developed. The results and analysis notes sound decision-making in areas anning and campaign strategy. . ~ Working with school groups, libraries, community colleges and cities, The Center has provided survey reseazch,~skills that have helped raise hundreds of millions of dollazs through voter-approved General Obligation bonds and operating taxes. Survey reseazch provides Springsted's clients with the ~ predictive tools required when comrriunities ask local voters to allow them to build community centers, swimmingipools, city halls, schools, jails, libraries, storm drains and other facilities needed to maintain and enhance the quality of ~ life. In addition, data obtained from'survey research provide important qualitative benchmazks to focus strategic planning and improvement efforts and ~ to track success. r Organizational Structure The organization of our staff is based on four principles that benefit our clients: • By aligning our staff within both geographic and specialty service areas, ~ our clients can work with one advisory firm to effectively address all of their capital and operational financial needs. • With ateam-based approach to service, our clients are assured that severa~ t professionals aze familiar with their individual situation. • Since work products are craftedand reviewed throughout our process, ~ clients aze assured that they Willi receive the highest quality final product, tailored to their individual needs. ~ With well-conceived and managed processes, our services are delivered at cost-effective levels. Our staff is organized within three divisions, with two divisions specifically dedicated to working with clients. ', r ~ ~- ~ .< .v z - _ ~~ SPRINGSTED INCORPORATED ~ CENTER FOR COMMUNITY OPINION Firm Profile s Client Development Division This division has primary responsibility for working directly with our clients in • defining their objectives and tailoring responsive options.. It is organized both on a geographic basis - to focus expertise on the particular financial ~ environment within each state, and in finance specialty areas - to concentrate resources in specific areas, such as management consulting, organizational processes or human resources. Each area may then draw on the resources ~ within our other divisions to address client issues. Geographic and Specialty Service Teams Geographic Teams Specialty Services Teams ~ • Midwest • Public Finance Services -Iowa -Arbitrage/Rebate Services ~ -Minnesota -Bond Services Investments -North Dakota • Housing and Economic ~ -South Dakota Development Services H R S i uman esources erv ces -Wisconsin • • National • Investment Services ~ - Kansas/Missouri Management Consulting Services -Higher Education ~ -Mid-Atlantic - Pacific Northwest ~ - California ~ Client Service Division • .This division has the primary responsibility of producing our various work products in the capital finance and debt management areas. It is organized to ~ provide comprehensive services throughout the financing process, and afterward, in the compliance areas of continuing disclosure and arbitrage r reporting. ~ QU811ty COntr01 Springsted strives to provide high quality services and products in all of our client engagements. To achieve that goal, we have instituted measures in each ~ of our departments that will ensure quality. Key to maintaining quality is the process of check and double-checks. Each computer run, each report and each ~ piece of work completed by the firm is reviewed by a second and often a third ' set of eyes. In this manner, we hope to complete the job properly for the client the first time. The quality process for Springsted begins prior to actual work being completed and sent to a client. Extensive internal and external training sessions prepare our staff to be alert to issues of quality. In addition, the physical proximity of our analytical staff to each other in the layout of our offices fosters a continuing process of discussion and evaluation of everyone's work product. Through all of these measures, we attempt to attain an exceptionally high standard of quality. 1~ ~ t ~ ~ ~~ ~ ~ City of Richfield, Minnesota. Proposal to Provide a Statistically Valid Survey Costs d 2. COStS r~ Springste~ • We recommend that a survey based Io~n 400 completed interviews using a questionnaire that includes a maximUim of 37 questions. This length should provide you with sufficient capacity to pursue a range of topics. The margin of error achieved with 400 interview provides an acceptable level of precision for the purposes of your study. ~, The basic features of such a survey would be: ._. ~, ~ ~ Sample sae: _ ='' 400 interview and 37 questions Sample population: ~'~ Registered voters living within the City Margin, of Error: _ ;;,:~ +/- 4'/z% with ~a 95% confidence IeveL ~' __ length ^_ , r - 12 to 14 minutes I _ C ass tabulations: ~-- Available from uestions asked and from voter file R ~ : -=- - 'Written re ort and ra hic resentation of resultst - ~Bas~Cost: ` Not to exceed $16,675 Additional costs, above and beyond the base fee specified above, include travel, mileage, supplies, and administration. These charges will be billed separately from the base cost not to exceed $900. In addition to the scientific survey, the City can contract for a count book at an additional cost of $604. If the City of Richfield preferred a longer or shorter survey, the project cost • could be modified by reducing or increasing the number of questions. For example, if the City reduced the number of questions to 33, the base cost would be $14,663, rather than $16,675. Our methodology provides more data about each survey participant, so fewer questions are needed to obtain demographic information than with other methodologies. Springsted would be happy to provide you with cost estimates for a longer or shorter survey. City of Richfield, Minnesota. Proposal to Provide a Statistically valid Survey • Timeline ~ 3. Timeline ~• i • f r I f ,_,. Spy ingsted The following time line assumes that Springsted's services are engaged on or about July 15, 2007. It is a suggested time line and can be adapted to meet the specific needs of the City of Richfield. entat+ve °afe i° ~~±ty y~- ~ ~,.~ ~ y ' :~ August 1, 2007 Begin background research by outlining information needs to the City. Receive and review background information ugust 5, 2007 Meeting with pre-planning team to develop a draft survey ugust 15, 2007 City receives first draft of the questionnaire. A time is scheduled to review and revise. Revised questionnaire is sent to the City for review and more discussion. ugust 15-31, 2007 Target date for approval of final questionnaire language. September 4, 2007 Start to conduct interviews. September 20, 2007 Preliminary results sent in memo form to the City. October 9, 2007 Report presented to the city council. City of Richfield, Minnesota. Proposal to Provide a StafisUCalty Valid Survey 5 4. Methodology Survey Basics 5pringsted The questionnaire we will design for t about the City. It will attempt to rate I strengths and weaknesses and provide objectives. . City will explore community opinions • y services and programs, identify on future goals and key The questionnaire will be developed iri a manner that allows broad-based City input. By encouraging such input, we create a truly unique survey instrument. The questionnaire will collect the data) needed to benchmark key qualitative indicators to assist the City with future plans. I While the survey topics are not limited, the City has requested that the following general topics be addressed. 1. Transportation projects and issues 2. Public safety concerns 3. The effectiveness of the City's communication tools 4. Housing opportunities 5. Redevelopment goals and initiatives Springsted's expertise in all of these areas provides a solid resource for the City in identifying issues and designing a questionnaire that addresses the City's concerns. j The sample will be cazefully prepazed~so that any regional differences of opinion in the City aze measured cazefully. Full community and voter file demography will be developed. before ;interviewing begins to further confirm the validity of the survey's results. !, Before interviewing begins, a team of ',professional phone interviewers will be assembled. The characteristics of the team will be matched to the chazacteristics of the voting population of the City. The questionnaire will be field tested before formal interviewing begins. The supervisors in chazge of the interviewing team will de-brief each interviewer in order to make sure that each question is collecting data as planned. Once interviewing begins, the work of each member of the interviewing team will be closely monitored by the team of supervisors in order to make sure that consistent, professional data collection is achieved. r~ LJ Once interviewing is completed, a report to the client is prepared. It will include a prose report that presents our recommendations concerning the timing, scope and content of the proposal to be placed before local voters. With the report the City will receive a~ complete set of cross tabulation reports. These reports are designed to be "user friendly" and easy to read by individuals who do not have formal tri fining in statistics. • City of Richfield, Mirinesota. Proposal to Provide a Statistically Valid Survey i I i f~ i f f f I,~ i i f i 1 f f i i i ~~ Methodology ~ Finally, a graphic report is prepared for the City. Survey data and our recommendations are. combined in clear, concise graphics. to be presented by either Terri Heaton or Don Lifto, other client representatives from Springsted, or J. Bradford Senden from The Center for Community Opinion. During and after the presentation of this material, we invite questions about the survey in order to make sure that at the end of the process the City is correctly interprets data and fully benefits from the process. Sprir~gsted City of Richfield, Minnesota. Proposal to Provide a Statistically Valid Survey Service Team 5. Service Team Our staffs breadth of experience and important chazacteristics in providing of our staff has backgrounds in educai or with development firms and non-px clients' perspectives in developing sol We assign a specific client service team to ensure primary responsibility for each project.' The teams are comprised of qualified individuals who aze experienced in the specific challenges confronting you. The teams aze free to draw upon the talents and expertise bf our entire staff and external experts as needed. Terri Y. Heaton, Senior Vice Presid Jackson Street, Suite 300, St. Paul, M contact. Ms. Heaton has been with S 21 years of local government experie; Financial Officer for the City of Bloc Public Accountant and holds a Maste Thomas University. Ms Heaton servE metropolitan area or regional centers. comprehensive financial and operatio ~t and Client Representative, 380 55101, will be the City's primary ingsted for five yeazs and has over e, including 5 years as the Chief ington, Minnesota. She is a Certified of Business Administration from St cities and counties, primarily in the Zs. Heaton focuses on long-term, 1.1 solutions for local government. Don E. Lifto, Ph.D., Senior Vice Pre Paul, MN 55101, brings 25 yeazs of s~ Springsted team, having served in ruri cities. While superintendent in Mahtc successful bond and operating levies. merging reseazch and best practice in elections. His dissertation focuses on and critical events affecting the outco~ published extensively in national jour. American Association of School Adm Association, the Association of Schoo other national organizations. He is co Comprehensive Planning Model for S, J. Bradford Senden, Ph.D., Consultant, 231 Market Place, Suite 235, San Ramon, CA, earned his doctorate from~Indiana University and a B.A. from the University of Pennsylvania. His experience working with schools, colleges, libraries and cities covers more than siiCteen years and has involved him in projects in communities in all parts of California. His survey research techniques provide highly accurate, predictive data. The quality of the surveys he has conducted for referenda, candidates and issues is built on his detailed knowledge of how the information from such a survey will be used, whether it is used in order to win atwo-thirds election or as part of a good decision making procedure. The results have been used to help build projects ranging from classrooms and libraries to local streets, roads and drains. He is coauthor of School Finance Elections, a Comprehensive Planning Model for Success. of expertise are two of our most ugh-quality service to clients. Many rn, municipal and City government, :it organizations, so they shaze our 380 Jackson Street, Suite 300, St. ~erintendent experience to the suburban, and intermediate school nedi, Minnesota, he led multiple Jr. Lifto is considered an expert in fanning and conducting school finance trategic factors, non-strategic factors, ~e of school bond elections. Dr. Lifto is ~ls and is a frequent presenter at the iistrators, the National School Boards Business Officials International and uthor of School Finance Elections, a • • ' S ~ ~ ~ ~ ~ ~~ ~ ~ City of Richfield, Minnesota. Proposal to Provide a Statistically Valid Survey Service Team Marsha Allington, Consultant, 231 Market Place, Suite 235, San Ramon, CA, ~ has a B.S. from the University of Nebraska and came to polling and campaign • work after a distinguished career as a teacher and Administrator of a K-8 program for gifted students. Her community organizing skills have developed ~ through building statewide support groups for education issues and numerous political campaigns including school bond and parcel election campaigns in ~ California. Ms. Allington's work as a market researcher for national service ~ providers using demographic data from census and commercial sources enhances the quality of the information provided by one of our surveys. Authorized Negotiator Persons authorized to negotiate are Ms. Terri Heaton and Mr. Don Lifto. Recent Presentations Precinct S: How Data Turned an Election Defeat to Victory by Dr. Senden and Dr. Lifto Presented at the National School Boards Association national convention San Diego, California,. 2005 Adding Value to Member Groups: Regional Planning Tools Presented at the Association of Educational Service Agencies national convention, Phoenix, Arizona, 2004 ~ Turn Your Election Failure to Success! f Presented at the Association of School Business Officials International national convention, Cincinnati, Ohio, 2004 Data Driven Decision Making for School Finance Elections? Yes! Presented at the National School Boards Association national convention Orlando, Florida, 2004 School Finance Elections Presented at the Association of School Business Officials International national convention, Chazlotte, North Carolina, 2003 Comprehensive Planning Model for School Bond and Operating Levies Presented at the National School Boazds Association national convention, San Francisco, California, 2003 November 6, 2001: Budget Battles at the Ballot Box Presented at the Association of School Business Officials International national convention, Phoenix, Arizona, 2002 Drivers of Successful Bond and Operating Levies... Q4C at the Foundation Presented at the Association of School Business Officials International national convention, Baltimore, Maryland, 2001 • ' ~ ~ ~ ~ ~ ~ S # ~ ~ City of Richfield, Minnesota. Proposal to Provide a Stafisficalty Valid Survey j I ~ Recent Publications School Finance Elections: A Comprehensive Planning Model for Success by Dr. Senden and Dr. Lifto Published by Scarecrow Press, March X004 f Watch Your Language! Words to Win by in Your Next School Finance Election Published in The School Administrat r, American Association of School Administrators, February 2006 ~ The Case of Precinct Five Published in The American School Board Journal, Apri12005 Finding the Secret to Success on the Examination Table of Elections Past Published in The School Administrator, American Association of School Administrators, January 2004 Finding Success at the Ballot Box Published in Managing School Business, Volume 7, Issue 22, February 2003 Concentric Canvassing: Finding Success from the Inside Out Published in School Business Affairs, Association of School Business Officials International, November 2002 Budget Battles at the Ballot Box Published in MSBA Journal, Minnesota School Boards Association February -March 2002 ' ~ ~ T ~ ~ ~ ~ ~ ~ ~ City of Richfield, Minnesota. Proposal to Provide a Statistically Valid Survey • • • ~ ~ s. • • Client References Client References 11 SchcoC Grgu _ ~ ~ s~y ~ ~, ',.~:...,' ~ ~ f t~Cit~`es ` ' ~. ~ ~~~~:~.~ ~:v. __ Acalanes Union High School Group, California City of Fremont, California Vanessa Crews, Board Member Mr. Fred Diaz, City Manager 925.253.0207 510.284.4000 Castro Valley Unified School Group, California Mr. Jerry Macy, Assistant Superintendent 510.537.3000 i Davis Joint Unified School Group, California Mr. Marty West, former Board Member 952.975.7000 Eden Prairie Public Schools, Minnesota Dr. Melissa Krull, Superintendent 952.975.7000 Hastings Public Schools, Minnesota Mr. Tim Collins, Superintendent 651.437.6111 Mahtomedi Public Schools, Minnesota Dr. Mark Wolak, Superintendent 651.407.2001 Menlo Park Elementary School Group, California Mr. Ken Ranella, Superintendent 650.321.7140 Palos Verdes Peninsula Unified School Group, California Dr. Ira Toibin, Superintendent 310.378.0732 Richfield Public Schools, Minnesota Dr. Barbara Devlin, Superintendent 612.798.6011 Spring Lake Park Public Schools, Minnesota Dr. Don Helmstetter, Superintendent 763.783.5600 Stillwater Public Schools, Minnesota Dr. Kathleen Macy, Superintendent (retired) 651.436.8004 Walnut Creek Elementary School Group, California Mr. Mike De Sa, Superintendent 925.944.6850 White Bear Lake Area Schools, Minnesota Dr. Ted Blaesing, Superintendent 651.407.7564 -City of Lafayette, California Mr. Steve Falk, City Manager 925.284.1968 City of Menlo Park, California Mr. David Boesch, City Manager 650.858.3360 City of Orinda, California Ms. Ann Worth, Councilmember 925.254.0663 City of San Mateo, California Ms. Kathleen "KG" Ouye, City Librarian 650.522.7802 City of Walnut Creek, California Mr. Gary Pokorny, Arts, Recreation and Community Services Director 650.858.3360 City of Blaine, Minnesota Mr. Joe Huss, Finance Director 763.717.2677 _~~~ Spr~ngsted Cii)r of Richfield, Minnesota. Proposal to Provide a Stafisfically Valid Survey r: AGENDA SECTION: CONSENT AGENDA ITEM # 6A REPORT # 192 STAFF REPORT CITY COUNCIL MEETING REPORT PREPARED BY: MIKE KOOB, POLICE LIEUTENANT NAME, TITLE • COUNCIL PRESENTER: DEPARTMENT DIRECTOR REVIEW: REVIEWEDBY CITY MANAGER: ~ ~,.I~ ITEM FOR COUNCIL CONSIDERATION: Consideration of a resolution regarding an agreement between the Minnesota Department of Public Safety and the City of Richfield, Public Safety Department, pertaining to the Safe & Sober Pro ram. RECOMMENDED ACTION: By Motion: Approve the attached resolution approving an agreement between the Richfield Public Safety Department and the Minnesota Department of Public Safety authorizing the acceptance of grant funds to be used for the payment of overtime for police officers involved in the Safe & Sober Program. • II. BACKGROUND Edina, Airport and Richfield Police Departments submitted a joint grant application to the State for funds that were to be utilized for enhanced traffic enforcement during the upcoming year. They have been jointly awarded $40,800 and plan on scheduling joint enforcement campaigns. 0724 Resolution for Accepting Safe and Sober Grant Funds III. BASIS OF RECOMMENDATION A. POLICY • The State requires that the City approve a resolution accepting the funds prior to their issuance. B. CRITICAL ISSUES • The Resolution needs to be signed by the City Councils of all three agencies before the release of funds to the police departments. • Traffic law enforcement is a critical function of the police division. Approval of the resolution makes available funds to cover the costs associated with focusing on this area. C. FINANCIAL • The overtime paid to officers will come from the Grant funds. D. LEGAL • N/A • IV. ALTERNATIVE RECOMMENDATION(S~ • Council could disapprove the resolution, which would void the agreement. V. ATTACHMENTS • Resolution number VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None ~A RESOLUTION NO. • RESOLUTION AUTHORIZING AN AGREEMENT BETWEEN THE CITY OF RICHFIELD/POLICE AND THE MINNESOTA DEPARTMENT OF PUBLIC SAFETY TO APPROVE GRANT FUNDS TO BE SHARED BY RICHFIELD, EDINA AND AIRPORT POLICE AS PART OF THE SAFE & SOBER COMMUNITIES PROGRAM WHEREAS, the Governor has designated the State of Minnesota, Office of Traffic Safety in the Minnesota Department of Public Safety (hereinafter called the STATE) as the agency responsible for administration of a project entitled Safe & Sober Communities; and WHEREAS, the STATE is authorized to make contracts from State funds to qualified applicants; and WHEREAS, the City of Richfield, Public Safety Department (hereinafter called the GRANTEE), is authorized to accept State funds for overtime for traffic enforcement programs; and WHEREAS, GRANTEE represents that it is duly qualified and will to carry out the tasks described above. NOW, THEREFORE, BE IT RESOLVED that the City of Richfield enter into a cooperative agreement with the Office of Traffic Safety in the State of Minnesota Department of Public Safety for the project entitled Safe & Sober Communities. Steven Devich, City Manager, and Dan Scott, Public Safety Director, are hereby authorized to execute such agreements as are necessary to implement the project on behalf of the City of Richfield, Department of Public Safety. Adopted by the City Council of the City of Richfield, Minnesota this 24th day of July, 2007. Debbie Goettel, Mayor ATTEST: Nancy Gibbs, City Clerk AGENDA SECTION: CONSENTr AGENDA ITEM # ( $ • REPORT # 193 STAFF :REPORT CITY COUNCIL MEETING JULY 24, 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 Agency Agreement No. 91507 between the Minnesota Department of Transportation and the City of Richfield to complete the design of the.. Lyndale Avenue Bridge over 1-494. L RECOMMENDED ACTION: By-Motion: Approve the attached resolution accepting agreement No. -91x07 between the Minnesota Department of Transportation (Mn/DOT) and the City of Richfield to complete the design of the Lyndale :Avenue Brid a over I-494. II. BACKGROUND On April 10, 2007 Council approved: an amended consultant agreement with WSB ..Associates to design the Lyndale Avenue Bridge over 1-494. The amended agreement increased the cost to design the bridge from $1,871,554.02 to .$2,399,235:02..: • The attached a enc a reement rovides additional` federal funds to cover:80% of 9 Y g P the increased-costs to complete the project design plus related City administrative costs. l'he amount of costs covered' by this new agreement is $1,779,612. The previous agency. agreement covers $720,388 in design costs already incurred to date.-The two agency agreements combined will pay 80% of $2,500,000 in design • expenses and City administrative costs. IiI. BASIS OF :RECOMMENDATION A. POLICY • The reconstruction of 1-494, including the Lyndale Avenue Bridge, has been identified as a priority of the City's :Comprehensive Plan. B. CRITICAL ISSUES • The agency agreement needs to be approved for the Cityto receive additional federal funds to complete the design work on the bridge.. C. FIlVAIVCIAL, • Funding for the design work'comes from a federal highway grant covering 80% of the cost and the remaining 20% will come from the City's Municipal State Aid funds (gas tax revenue.) D. LEGAL • There are no legal issues involved in approving the additional work needed to complete the final design. IV. ALTERNATIVE RECOMMENDATION S ~~ • None. Council has already approved an amended agreement with WSB to complete the final .design of the Lyndale Avenue Bridge. V. ATTACHMENTS • . Resolution ,Agency Agreement No. 91507. between. Minnesota Dept. of Transportation and the City of Richfield for Federal Participation in Preliminary Engineering for SP 157-363-21; M.P. HPP MN10(103). VI. PRINCIPAL PARTIES EXPECTED AT MEETING . • None anticipated r' ~~ .~. RESOLUTION NO. • RESOLUTION AUTHORIZING ACCEPTANCE OF STATE OF MINNESOTA AGENCY AGREEMENT NO. 91507 BETWEEN THE .DEPARTMENT OF TRANSPORTATION AND THE CITY OF RICHfIELD-FOR FEDERAL PARTICIPATION 1N PRELIMINARY ENGINEERING FOR REPLACEMENT OF LYNDALE AVENUE BRIDGE OVER 1-494 , WHEREAS,. the;City of Richfield is proposing to use #ederal:highwayfunds to design the Replacement of the Lyndale Avenue Bridge over 1-494 Project; and WHEREAS, the project is eligible for the expenditure of federal aid funds, and is identified by the City of Richfield as City Project 42000, and is identified by Minnesota Department of Transportation records as State Project 157-363-21, and is identified in Federal Highway Administration records as Minnesota Project HPP MN 10.(103). NOW, THEREFORE, BE IT RESOLVED by the City Council of the .City of Richfield. that, pursuant to Minnesota Stat. Sec. 161.36, the Commissioner of .Transportation be appointed as Agent of the City of Richfield to accept as its :agent federal aid funds which may be made available for eligible transportation related projects. BE IT ..FURTHER RESOLVED by the City Council of the City of Richfield that the Mayor and City Manager are hereby authorized and. directed for and on behalf of the City of Richfield to execute and enter into an agreement with the Commissioner of Transportation .,prescribing the terms and .conditions of said federal aid participation as set forth and contained in "Minnesota Department of Transportation Agency Agreement No. 51507," a copy of which said agreement was before the City Council .and which is made a part hereof by reference. Adopted by the City Council of the City of Richfield, Minnesota this 24th day of July, 2007. Debbie Goettel, Mayor ATTEST: Nancy Gibbs, City Clerk Mn/DOT Agreement No. 91507 • ~e~a STATE OF MINNESOTA AGENCY AGREEMENT BETWEEN DEPARTMENT OF TRANSPORTATION AND CITY OF RICHFIELD FOR FEDERAL PARTICII'ATION IN PRELIMINARY ENGINEERING FOR S.P. 157-363-21; M.P. HPP MN10(103) This agreement is entered into by and between City of Richfield ("City") and the State of Minnesota acting through its Commissioner of Transportation ("Mn/DOT"), Pursuant to Minnesota Statutes Section 161.36, the City desires Mn/DOT to act as the City's agent in accepting federal funds on the City's behalf for the construction, improvement, or enhancement of transportation financed either in whole or in part by federal funds, hereinafter referred to as the "Project"; and The City is proposing a federal aid project to a project to reconstruct the interchange of Lyndale Avenue and I-494, the city will be using federal aid funds for preparation of final design documents for the project, hereinafter referred to as the "Preliminary Engineering;" and The Preliminary Engineering is eligible for the expenditure of federal aid funds, and is identified in Mn/DOT records as State Project 157-363-21, and in Federal Highway Administration ("FHWA") records as Minnesota Project HPP MN10(103); and Mn/DOT Agreement no. 84355 was initially written to cover this work, however due to delays in the project development process, it was decided to divide the work between preliminary engineering prior ~ to approval of the environmental document and preliminary engineering after approval of the environmental. document. It is estimated that the total amount of the first contract -will be $720,388: and the remainder of the federal funds available will be applied to this agreement; and Mn/DOT requires that the terms and conditions of this agency be set forth . in an agreement. THE PARTIES AGREE AS FOLLOWS: I. DUTIES OF THE CITY. • A. DESIGNATION. The City designates Mn/DOT to act as its agent in accepting federal funds in its behalf made available for the Project. (Mn/DOT Agreement No. 91507) Page 1 l9~'~ B. ELIGIBILITY /COSTS: The .estimated cost of the Preliminary Engineering is $1,779,612. It is anticipated that 80% (up to $ 1,423,689.60) of the cost of the Preliminary. Engineering is to be paid from federal funds made available by the FHWA, and that the remaining 20% shall be paid by the City. The City will pay any part of the cost or expense of the work that the FHWA does not pay. 2. Any costs incurred by the City prior to authorization of the Federal Funds, will not be eligible for federal participation. 3. Eligible cost and expense, if approved, may consist of the following: a} The cost of preparing construction plans and documents for the project. b) The direct. labor. charges for City employees for the time that said employees are performing work pursuant to this agreement. Said labor charges may include the prorata share of "labor additives" applicable to said labor charges. Costs to the City of "labor additives" consisting of holiday pay, vacation, sick leave, retirement, pension, unemployment taxes, compensation and liability insurance, lost time charges and similar costs incidental to labor employment will be reimbursed only when supported by adequate records. • c) The applicable equipment rental charges for City owned equipment used by the City and mileage charges for employee owned vehicles used by the City on work performed pursuant to this agreement, at rates reflective of the City actual cost. d) Expenditures for materials, supplies, mechanical data processing and equipment rental, limited to the actual expenditures for the purposes of this agreement. e) The cost incurred by the City to employ outside forces to perform any or all of the work pursuant to this agreement, subject to the provisions of section I.D. SUBLETTING. 4. Expenditures for general administration, supervision, maintenance and other overhead or incidental expenses of the City are not eligible for federal . participation. 5. Acceptability of costs under this agreement will be determined in accordance with the cost principles and procedures set forth in the applicable Federal Acquisition Regulations, Contract Cost Principals and Procedures, 48 Code of Federal Regulations (CFR) 31 which is hereby incorporated by reference and made a part of this agreement. 6. For costs expected to exceed $ 1,779,612, the City must request the preparation and execution of a supplement to this agreement, prior to incurring such cost"s. (Mn/DOT Agreement No. 91507) Page 2 ~~,.1'f . C. STAFFING. • 1. The City will designate a publicly employed registered engineer, ("Project Engineer"), to be in responsible charge of the Project and to supervise and direct the work performed under any contract let for the Project. If City elects to use a private consultant for engineering services, the City will provide a qualified, full- time public employee of the City, to be in responsible charge of the Project. The services of the City to be performed pursuant to this agreement may not. be assigned, sublet, or transferred unless the City is notified in writing by Mn/DOT that such action is permitted under 23 CFR 1.33 and 23 CFR 635.105 and state law. This written consent will in no way relieve the City from its primary responsibility for performance of the work. 2. During the progress of the work on the Project, the City authorizes its Project Engineer to request in writing specific engineering and/or technical services from Mn/DOT, pursuant to Minnesota Statutes Section 161.39. Such services may be covered by other technical service agreements. If Mn/DOT furnishes the services requested, and if Mn/DOT requests reimbursement, then the City will promptly pay Mn/DOT to reimburse the state trunk highway fund for the full cost and expense of furnishing such services. The costs and expenses will include the current MnlDOT labor additives and overhead rates, subject to adjustment based on actual direct costs that have been verified by audit. Provision of such services will not be deemed to make Mn/DOT a principal or co-principal with respect to • the Project. 3. The City will furnish the personnel, services, supplies, and equipment necessary to properly supervise, inspect, and document the work for the Project. D. SUBLETTING. The City will prepare request for proposals in accordance with Minnesota law and applicable Federal laws and regulations. 1. The City will solicit proposals for Preliminary Engineering after obtaining written notification from Mn/DOT that the FHWA has authorized the Project. Any Project advertised prior to authorization will not be eligible for federal reimbursement. 2. The City will prepare the request for proposal, which will include all of the federal-aid provisions supplied by Mn/DOT. 3. The City will prepare and publish the proposals solicitation for the Project as .required by state -and federal laws. The City will include in the solicitation the required language for federal-aid contracts as supplied by Mn/DOT. The solicitation will state where the City will receive the sealed proposals. . 4. The City may not include other work in the contract for the authorized Project without obtaining prior notification from Mn/DOT that such work is allowed by FHWA. Failure to obtain such notification may result in the loss of some or all, of the federal funds for the Project. (Mn/DOT Agreement No. 91507) Page 3 ~~~ 5. The City will prepare proposal packages and prepare and distribute any addendums, if needed. 6. The City will receive open, and evaluate proposals. 7. After the proposals are opened, the City will consider the proposals begin negotiations on the price of the Preliminary Engineering in accordance with the .practice commonly known as Quality Based Selection. If the proposal contains a goal for Disadvantaged Business Enterprises, the City will not award the bid until it has received certification of the Disadvantaged Business Enterprise participation from the Mn/DOT Equal 1/mployment Opportunity Office. 8. This written ~ consent will in no way relieve the City from its primary responsibility for performance of the wor~C. Subcontractor agreements must contain all appropriate terms and conditions of this agreement. E. CONTRACT ADMINISTRATION. 1. The City will request approval from Mn/DOT for all costs in excess of the amount of federal funds previously approved for the Project prior to incurring such costs. Failure to obtain such approval may result in such costs being disallowed for reimbursement. 2. The City. will prepare reports, keep records, and perform work so as to enable Mn/DOT to collect the federal aid sought by the City.. The. City will retain all records and reports in accordance with Mn/DOT's record retention schedule for federal aid projects. 3. Upon completion of the Project, the Project Engineer will determine whether the work will be accepted. F. PAYMENTS. 1. The entire cost of the Project is to be paid from federal funds made available by the FHWA and by other funds provided by the City. The City will pay any part of the cost or expense of the Project that is not paid by federal funds. 2. The City may request partial payments not more than once each thirty (30) days. The Project Engineer will certify each partial payment. 3. The invoice and supplements thereto, will contain all details that may be necessary for a proper audit. Such details will consist of at least the following: (a) A breakdown of labor by individual, classification, dates and hours worked times the applicable rate to arrive at a total dollar amount • for each individual. (b) The labor additive shall be applied to total Labor dollars. (Mn/DOT Agreement No. 91507) Page 4 (c) The equipment charges shall be broken down by type of equipment • times the applicable rate and dates used to arrive at total equipment . charges. (d) A detailed breakdown of outside services used and supporting invoices and documentation that costs of outside services have been paid. (e) Detail for matenals, supplies, and other items with the description, units, and unit prices included in the invoice. If materials or supplies are purchased from an outside source, a copy of that invoice should be included. (f) The. invoices will include 100% of eligible. charges applicable to the Preliminary Engineering so that the prorata share of federal and City participation can be applied to the total costs. 4. Following certification of the final estimate, the City may request reimbursement for costs eligible for federal funds. The City's request will be made to Mn/DOT and will include a copy of the certified final estimate along with the required records. 5. Reimbursement of costs under this agreement will be based on actual costs. • G. LIMITATIONS. 1. The City will comply .with all applicable Federal, State, and local laws, ordinances, and regulations. 2. Nondiscrimination. It is the policy of the FHWA and the State of Minnesota that no person. in the United States will, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal .financial assistance (42 U.S.C. 2000d). Through expansion of the mandate for nondiscrimination in Title VI and through parallel legislation, the prescribed bases of discrimination include race, color, sex, national origin, age, and disability. In addition, the Title VI program has been extended to cover all programs, activities and services of an entity receiving Federal financial assistance, whether such programs and activities are Federally assisted or not. Even in the absence of prior discriminatory practice or usage, a recipient in administering a program or activity to which this part applies; is expected to take affirmative action to assure that no person is excluded. from participation in, or is denied the benefits of, the program or .activity on the grounds of race, color, national origin, sex, age, or disability. It is the responsibility of the City to carry out the above requirements. 3. Workers' Compensation. Any and all employees of the City or other persons _while engaged in the performance of any work or services required or permitted (Mn/DOT Agreement No. 91507) Page 5 lOIJ by the City under this agreement will not be considered employees. of Mn/DOT, and any and all claims that may arise under the Workers' Compensation Act of • Minnesota on behalf of said employees, or other persons while so engaged, will in no way be the obligation or responsibility of Mn/DOT. The City .will require proof of Workers' Compensation Insurance from any contractor and sub- - contractor. H. AUDIT. 1. The City will comply with the Single Audit Act of 1984 and Office of Management and Budget (OMB) circular A-133 including amendments and successors thereto, which are incorporated herein by reference. 2. As provided under Minnesota Statutes Section 16C.05, subdivision 5, all books, records, documents, and accounting procedures and. practices of the City are subject to examination by the United States Government, Mn/DOT, and either the. Legislative Auditor. or the State Auditor as appropriate, for a minimum of six .years. The City will be responsible for any costs associated with the performance of the audit. I. MAINTENANCE. The City assumes full responsibility for the operation and maintenance of any facility constructed or improved under this Agreement. J. CLAIMS. The City acknowledges that Mn/DOT is acting only as the City's agent • for acceptance and disbursement of federal funds, and not as a principal or co- principal with respect to the Project. The City will pay any and all lawful claims arising out of or incidental to the Project including, without limitation, claims related to contractor selection (including the solicitation, evaluation, and acceptance or rejection of bids or proposals), acts or omissions in performing the Project work, and any ultra vires acts. The City will indemnify, defend (to the extent .permitted by the Minnesota Attorney General), and hold Mn/DOT harmless from any claims or costs arising out of or incidental to the Project, including reasonable attorney fees incurred by Mn/DOT. The City's indemnification obligation extends to any actions related to the certification of DBE participation, even if such actions are recommended by Mn/DOT. II. DUTIES OF Mn/DOT. A. ACCEPTANCE. Mn/DOT accepts designation as Agent of the City for the receipt and disbursement of federal funds and will act in accordance herewith. B. PROJECT ACTNITIES. 1. Mn/DOT will make the necessary requests to the FHWA for authorization to use federal funds for the Project, and for reimbursement of eligible costs pursuant to the terms of this agreement. 2. Mn/DOT will provide to the City copies of the required Federal.-aid clauses to be included in the proposal solicitation and will provide the required Federal-aid (Mn/DOT Agreement No. 91507) Page 6 (~~'~ provisions to be included in the Proposal. 3. Mn/DOT will review and certify the DBE participation and notify the City when certification is complete. If certification of DBE participation cannot be obtained, then the City must decide whether to proceed with awarding the contract. Failure to obtain such certification will result in the project becoming ineligible for federal assistance, and the City must make up any shortfall. C. PAYMENTS. Mn/DOT will receive the federal funds paid by the FHWA for the Project, pursuant to Minnesota Statutes § 161.36, Subdivision 2. 2. Mn/DOT will review and certify each partial pay request. Following certification of the partial estimate, Mn/DOT will reimburse the City, from said federal funds made available to the Project, for each partial payment request, subject to the availability and limits of those funds. 3. Upon completion of the Project, the City will prepare a final payment request in accordance with the terms of this agreement. Mn/DOT will review and certify the final payment request with a final audit. 4. No more than. 90% of the reimbursement due under this agreement will be paid until completion of the final audit and approval by MnlDOT's authorized • representative. 5. If Mn/DOT does not obtain funding from the FHWA or other funding source, or funding cannot be continued, at a sufficient level to allow for the processing of the federal aid reimbursement requests,. the City may continue the work with local funds only, until such time as Mn/DOT is able to process the federal aid reimbursement requests. D. AUTHORITY. Mn/DOT may withhold federal funds, if Mn/DOT or the FHWA determines that the Project was not completed in compliance. with federal requirements. E. INSPECTION. Mn/DOT, the FHWA, or duly authorized representatives of the state and federal government will have the right to audit, evaluate and monitor the work performed under this agreement. The City will make available all books, records; and documents pertaining to the work hereunder, for a minimum of seven years. following the closing of the construction contract. III. AUTHORIZED REPRESENTATIVES. Each authorized representative will have responsibility to administer this agreement and to ensure that all payments due to the other party are paid pursuant to the terms of this agreement. • A. The City authorized representative is Thomas Foley, Transportation Engineer, City of Richfield, 6700 Portland Avenue, Richfield, MN 55423 2599, phone 612.861.9791, or his successor. (Mn/DOT Agreement No. 91507) Page 7 ~~~~ B. Mn/DOT's authorized representative is Lynnette Roshell, Minnesota Department of Transportation, State Aid for Local Transportation, Mail Stop 500, St Paul, MN .5515.5, phone 651-366-3822, or her successor. IV. TORT LIABILITY. Each party is responsible for its own acts and omissions and the results thereof to the extent authorized by law and will not be responsible for the acts and omissions of any others and the results thereof. The Minnesota Tort Claims Act, Minnesota Statutes Section 3.736, governs Mn/DOT liability. V. ASSIGNMENT. Neither party will assign or transfer any rights or obligations under this agreement without prior written approval of the other party. VI. AMENDMENTS. Any amendments/supplements to this Agreement must be in writing and be executed by the .same parties who executed the original agreement, or their successors in office. VII. TERM OF AGREEMENT.. This agreement will be effective upon execution by the City and by appropriate State officials, pursuant to Minnesota Statutes Section 16C.05, and will remain in effect for five (5) years from the effective date or until all obligations set forth in this agreement have been satisfactorily fulfilled,-whichever occurs first. VIII. TERMINATION. This agreement may be terminated by the City or Mn/DOT at any . time, with or without cause, upon ninety (90) days written notice to the other party. Such termination will not remove any unfulfilled financial obligations of the City as set forth in this Agreement. In the event of such. a termination the City will be entitled to reimbursement for Mn/DOT-approved federally eligible expenses incurred for work satisfactorily performed on the Project to the date of termination subject to the terms of this agreement. • (Mn/DOT Agreement No. 91507) Page 8 (~~3-J~ IN WITNESS WHEREOF, the parties have caused this Agreement to be duly executed intending • to be bound thereby. CITY DEPARTMENT OF TRANSPORTATION City certifies that the appropriate person(s) By: have executed the contract on its behalf as required by applicable resolutions, ordinances, or charter Title: Director. provisions State Aid for Local Transportation Date: By: Debbie Goettel Date: COMMISSIONER OF ADMINISTRATION By: Title: MayOZ' Date: By: Steve Devich Date: • Title: City Manager • (Mn/.DOT Agreement No. 91507) Page 9 • AGENDA SECTION: CONSENT AGENDA ITEM # ( C REPORT # 194 ~- STAFF REPORT CITY COUNCIL MEETING JULY 24, 2007 REPORT PREPARED BY: CHRISTINE COSTELLO, COMMUNITY DEVELOPMENT SPECIALIST NAME, T/TLE • COUNCIL PRESENTER: DEPARTMENT DIRECTOR r REVIEW: (- REVIEWED BY CITY MANAGER: ITEM FOR COUNCIL CONSIDERATION: Consideration of approval of a Grit Chamber Agreement, Drainage and Utility Easement and Water-Main Easements Agreement, and the Utilities, Parking, and Access Easement A reement for the Sho s at L ndale develo ment. I. RECOMMENDED ACTION: • By Motion: Appprove the attached Grit Chamber Agreement for the purpose of autFiorizing the City of Richfield to .enter onto the Shops at Lyndale property and inspect and maintain the grit chamber, a part of the storm drainage system that empties into the City's storm sewer system. • By Motion: Approve the attached Drainage and Utility Easement and Water-Main Easements Agreement for easements for water- main purposes over Lots 1, 2, 4, and 5, Block 1 and an easement for drainage and utility purposes over Lot 1 of the Shops at Lyndale. • By Motion: Approve the attached Utilities, Parking and Access Easement A reement to accurately reflect as-built locations of utilities, pos~ plat legal descriptions of the parcels and creation of additional utility easements for the benefit of the Ci 's lot. 072407-Easements and Grit Chamber Agreements_Shops at Lyndale II. BACKGROUND CSM Investors Inc., (CSM) constructed the Shops at Lyndale shopping center in the mid-1990s. As part of the shopping center, Emerson Avenue from vacated 77th Street to 78th Street is used for parking, access, signage, and as a drive aisle to the shared entrance with the adjacent Meridian Crossings development. On May 7, 2007 CSM became the owner of Emerson Avenue from vacated 77th Street to 78th Street. The HRA approved the transaction on October 18, 2004. With CSM as the owner, the City proceeded with the vacation of the street right-of- way of Emerson Avenue on June 12, 2007. The City Council approved the vacation. With the vacation completed, CSM can move forward in finalizing the final agreements associated with the preliminary and final plat for the Shops at Lyndale development. The agreements that must be finalized before the preliminary or final plat can be approved are the .Grit Chamber Agreement, Drainage and Utility Easement and Water-Main Easements Agreement, and the Utilities, Parking, and Access Easement Agreement. Grit Chamber Agreement The function of a grit chamber is to remove sand, gravel, and other particles from storm water that is passing through the CSM storm water system before the water continues to flow into the City's storm sewer system. The grit chamber is designed • to accumulate those particles and from time to time have the chamber inspected, cleaned, and maintained: The Grit Chamber Agreement allows the City to enter CSM property once every twelve months or more, to inspect and clean the grit chamber. The Grit Chamber Agreement shall be effective for one year and be automatically renewed each year unless the agreement is terminated by the either the City or CSM. To terminate the agreement the City or CSM has to provide a 60-day written notice to end the agreement. If CSM initiates the termination their 60-day written notice must also be accompanied by a signed third party contract that will provide for annual inspection and maintenance of the grit chamber. CSM has agreed to reimburse the City for all normal activities associated with inspecting, cleaning, and maintaining the grit chamber. If any of the maintenance or repair work to the grit chamber exceeds $5,000, the City will notify CSM, and CSM will have two weeks from the date of the notice to secure a third party to perform the work. Drainage and Utility Easement and Water-Main Easements Agreement The purpose of this agreement is to provide the City with easements for water-main purposes across CSM property. In addition, an easement for drainage and utility purposes, along with the rights of ingress and egress over CSM property are needed in order for the City to inspect, maintain, and repair any of the City's facilities (i.e., water-mains) that are located within CSM property. The easements within this agreement are non-exclusive. CSM also reserves the right to install, repair, utilize and maintain the access driveways, curbing, paving, parking areas, landscaping, and other non-building materials that are a part of the easements they are granting to the City. CSM can not interfere or conflict with the easement rights they grant to the City. The City will be responsible for the cost of installation, repair, and maintenance of its water lines and drainage and utility easement area that is located on CSM property. The water-main easement can only be used for City water lines, and the drainage and utility easement can be used for other utilities (i.e. Excel, Comcast, NSP, etc.). The easements that CSM granted the City are for public purpose only and cannot be assigned by the City without written consent by CSM. CSM can not unreasonably withhold a request by the City. Utilities, Parking, and Access Easement Agreement This proposed agreement will supercede and replace an earlier agreement from October 1997 that was titled the same. The agreement amends the language from the original agreement to more accurately reflect the location of utilities (water-main, gas line, and storm sewer), post-plat legal descriptions of the lots, and creates additional utility easements for the benefit of the City's lot (Richfield Liquor store). The City is~granting to GSM an easement for water-main purposes for the Shops at Lyndale development that crosses portions of the Richfield Liquor store lot. The City also is granting CSM anon-exclusive easement for parking and vehicular and pedestrian ingress, egress and access at the liquor store for the east side of the • Shops at Lyndale development and for the building to the south of the liquor store. CSM is also granting the City a number of easements. CSM is granting a non- exclusive easement for vehicular and pedestrian ingress, egress and access purposes for the benefit of the liquor store. This easement will allow liquor store users to use the entrance and exit points off southbound Lyndale Avenue, 78th Street, the shared access at Meridian Crossings, and the main Shops at Lyndale development entrance at approximately Colfax Avenue off 77th Street. CSM granted the City anon-exclusive easement for storm sewer and gas line purposes. The storm sewer easement is needed because the lines run east-west across the Shops at Lyndale development, and that line connects to the liquor store site as well. The gas line easement is located in the northwest corner of the liquor store and the northeast corner of the Shops at Lyndale development. The reason for both easements is to allow the City to have access to those lines for installation, repair, and maintenance. The final easement CSM granted is anon-exclusive easement for parking and vehicular and pedestrian ingress, egress and access purposes for the benefit of the liquor store. The parking and access easement is for areas near the Lyndale Avenue access. The easement allows for the liquor store the right to maintain and/or replace the existing interior directional sign in the access area. The liquor • store is also responsible for the maintenance of the parking lot in front of the liquor store. The City and CSM have agreed that if the public right-of-way adjacent to the existing access point to Lyndale Avenue is lost to non-public right-of-way or the State. The City agrees to utilize its best efforts to provide a replacement point of access directly onto Lyndale Avenue or some other mutually acceptable location. • The cost of constructing any replacement access will be entirely CSM's responsibility. The City, including the Richfield Liquor store, CSM, and the Kensington Park developer recently entered into a 90-day License Agreement to allow Kensington Park to have access to parking spaces at the liquor store for their employees. Since the agreement with Kensington Park is temporary (90-days) and was approved prior to this agreement. It is the recommendation of legal counsel that if the License Agreement with Kensington Park is still in effect past the 90-days then the License Agreement will need to be_amended to reference the new Utilities, Parking and Access Easement Agreement. III. BASIS OF RECOMMENDATION A. POLICY • The Shops at Lyndale development has been in operation since the mid-1990s. • Platting is required when any number of separate tax parcels are combined. • CSM has until December 31, 2007 to plat and record the Shops at Lyndale. B. CRITICAL ISSUES • Not approving the agreements will delay the preliminary and final plat approval • Not platting the development continues the use of obsolete tax parcels for property assessment purposes. C. FINANCIAL • Combining the lots will allow for easier property assessment. D. LEGAL • Legal counsel has reviewed all of the agreements. IV. ALTERNATIVE RECOMMENDATION~S~ • Recommend approval of the agreements with revisions. • Recommend denial of the agreements. V. ATTACHMENTS • Grit Chamber Agreement • Drainage and Utility Easement and Water-Main Easements Agreement • Utilities, parking and Access Easement Agreement VI. PRINCIl'AL PARTIES EXPECTED AT MEETING • A representative of CSM Investors, Inc. GRIT CHAMBER AGREEMENT ~ ~ ~l • AGREEMENT THIS AGREEMENT made and entered into as of the day of , 2007, by and between CSM INVESTORS, INC., a Minnesota corporation ("CSM") and the CITY OF RICHFIELD, a Minnesota municipal corporation ("City"). RECITALS 1. CSM is the owner of a certain tract and parcel of land lying within the City on land legally described as Lot 1, Block 1, THE SHOPS AT LYNDALE ("Property"). 2. Pursuant to approval granted by the City, CSM has constructed on the Property a storm drainage system ("CSM System") which empties into the City's storm sewer system ("City System"). 3. The CSM System utilizes a feature which is generally referred to as a grit chamber • ("Grit Chamber") and located on that portion of the Property lying within the North Half of the Southwest Quarter of the Southeast Quarter of Section 33, Township 28, Range 24, as shown on the attached Exhibit A. 4. The Grit Chamber is designed to remove sand, gravel and other particles from the storm water passing through the CSM System prior to its entry into the City System. 5. In order for the Grit Chamber to function as designed, .the accumulated particles must be removed from time to time. 6. The parties are desirous of entering into .this agreement for the purpose of authorizing the City to enter onto the Properly from time to time for the purpose of inspecting and maintaining the Grit Chamber as hereinafter provided. AGREEMENT • For good and valuable consideration, the receipt and sufficiency of which the parties JBD94715v2 RC125-95 1 lC~ ~~ • acknowledge, the parties hereby agree as follows: 1. CSM hereby grants the City, its officers, agents and employees the right to enter upon the Properly at intervals of once every 12 months, or more often if requested by CSM, for the purpose of inspecting, and cleaning the Grit Chamber. 2. CSM agrees that it will reimburse the City for the cost of all such activities based upon the City's normal charge rate for such activities. In the event of any necessary maintenance or repair work which is estimated to exceed $5,000; the City shall give -CSM notice of the need for such work and CSM shall have two weeks from the date of such notice to secure performance of the work by a third parry.. 3. The City hereby indemnifies, and agrees to hold harmless, CSM its officers, agents and employees from any damage of whatever nature occasioned by or arising out of negligence by • the City in actually conducting the activities permitted hereby. 4. Arbitration. The parties hereby agree that any dispute or claim between them, whether related to this Agreement or otherwise related to the subject matter set forth herein, will be resolved by and under the Code of Procedure of the National Arbitration Forum or under the rules and procedures of the American Arbitration Association, and any award of the arbitrator(s) may be entered as a judgment in any court of competent jurisdiction. 5. Term; Termination. This Agreement shall be for an initial term of one year and shall automatically renew for successive one-year periods unless terminated as provided in this paragraph. Either party may terminate this Agreement at any time upon 60 days' prior written notice to the other; provided, that CSM must accompany its notice of termination with a copy of a signed contract with a third party that provides for annual inspection and maintenance of the Grit • Chamber. JBD94715v2 RC125-95 2 ~~ 3 LJ 6. Entire Agreement. This Agreement constitutes the entire agreement between the parties hereto regarding the subject matter contained herein and supersedes all prior agreements, arrangements and understandings written or oral. 7. Severability. If any provision of this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions shall nevertheless continue in full force and effect without being impaired or invalidated in any way. 8. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Minnesota. 9. Counterparts. This Agreement may be executed in one or more counterparts, each • • of which, when so executed and delivered, shall be an original, but together, shall constitute one and the same instrument. IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and year first above written. CSM INVESTORS, INC. By Name: Michele Foster Its Vice President CITY OF RICHFIELD By Its By. Its JBD94715v2 RC125-95 3 EXHIBIT A i • • • __ v. _ ,T,.i ~ ~~ /~ / ~~/^\ <, ,-~, ~.~~ , ~ ~£2 + m i ~+ZS , E ~~Nm ~i~$i m~ m m •• JBD94715v2 RC125-95 ~c-~ i~ !' ~'~~r !pf 3~P ~S ;s„ >/ d' ` rs Q~~ ~ g ,~ '" Y m = •)~' ~~ aid ~+ NF £ ~ / ' ~ ~I y 0 S ~a 0 , I/~~\ ~ y~ s ~, 0 OLA°ONT A VE. SD. 4 ~~^^ ~ 4~ • DRAINAGE AND UTILITY EASEMENT AND WATER-MAIN EASEMENTS AGREEMENT THIS DRAINAGE AND UTILITY EASEMENT -AND WATER-MAIN EASEMENTS AGREEMENT IS MADE and entered into this day of 2007, by and between CSM Investors, Inc., a Minnesota corporation, ("CSM-I"), and CSM SHOPS, INC., a Minnesota corporation ("Shops") (CSM-I and Shops • collectively, "Grantor"), and the CITY OF RICHFIELD, a Minnesota municipal corporation, ("Grantee"). RECITALS: WHEREAS, CSM-I is the fee owner of the tracts of land in the County of Hennepin, State of Minnesota, described as Lot 1, Block 1, THE SHOPS AT LYNDALE, ("CSM-I Property"), and Shops is the fee owner of the tracts of land in the County of Hennepin, State of Minnesota, described as Lots 2, 4 and 5, Block 1, THE SHOPS AT LYNDALE ("Shops Property") (CSM-I Property and Shops Property collectively, the "Grantor's Property"); WHEREAS, Grantee has requested easements for water-main purposes over a portion. of the Grantor's Property as depicted in EXHIBITS A, B, D, and E attached hereto (collectively, the "CSM Water-Main Easement Parcels"), and Grantee, as the fee owner of Lot 3; Block 1, THE SHOPS AT LYI~JDALE ("Lot 3") is willing to dedicate an easement for public water- main purposes over a portion of Lot 3 as depicted on EXHIBIT C attached hereto (the "City Water-Main Easement Parcel). (The CSM Water-Main Easement Parcel and the City Water- Main Easement Parcel collectively, the "Water-Main Easement Parcels"); WHEREAS, Grantee has requested an easement for drainage and utility purposes over a portion of Lot 1 of the Grantor's Property described in EXHIBIT F-1 and depicted in EXHIBIT F-2 attached hereto (the "Drainage and Utility Easement Parcel"); and • ~,C-~ • WHEREAS, Grantor is willing to grant said easements. upon the terms and conditions hereinafter set forth. AGREEMENT: NOW THEREFORE, Grantor, in consideration of One Dollar and other good and valuable consideration, to it in hand paid by Grantee, receipt of which is hereby acknowledged, hereby grants to said Grantee easements for water-main purposes over, under and across the CSM Water-Main Easement Parcels, and an easement for drainage and utility purposes over, under and across the Drainage and Utility Easement Parcel, (said easements collectively the "Easements"), together with the right of ingress to and egress over the Grantor's Property adjacent to the CSM Water-Main Easement Parcel and the Drainage and Utility Easement Parcel, in order to facilitate Grantee's inspection, maintenance, alteration and repair of Grantee's facilities subject to the following terms and conditions: 1. The Easements granted are non-exclusive, and are subject to current taxes and assessments, and all easements, rights-of--way, encumbrances, liens, covenants, conditions, restrictions, obligations and liabilities as may appear of record, if any, as of the date hereof. 2. Grantor hereby reserves and retains the right to (a) install, reinstall, repair, utilize and maintain access driveways, curbing, paving, parking areas, landscaping and other non- • building improvements over and across the CSM Water-Main Easement Parcel and the Drainage and Utility Easement Parcel, and (b) use the subsurface areas of the CSM Water-Main Easement Parcel and the Drainage and Utility Easement Parcel in any manner that does not materially interfere or conflict with the easement rights granted Grantee hereunder. By utilization of the Easements, Grantee hereby accepts the terms hereof, and expressly acknowledges that Grantor will use the surface and subsurface areas of the CSM Water-Main Easement Parcels and the Drainage and Utility Easement Parcel as provided for above. 3. Grantee shall be responsible at its sole cost for all installation, re-installation, repairs and maintenance of the water lines to be located in the Water-Line Easement Parcels and the drainage and utility lines to be located in the Drainage and Utility Easement Parcel, and agrees, following completion of any repair, maintenance or work on the water-main easement lines and/or the drainage and utility easement lines by Grantee or its employees, agents or contractors, to restore to its former condition any portion of Grantor's Property that is excavated, damaged or disturbed by reason of such installation, maintenance, repair or work. 4. Grantee, for itself, its successors and assigns, hereby indemnifies and agrees to hold harmless Grantor and any mortgagees of record of the Grantor's Property, from and against any and all damages, liability, fees, penalties and claims, including those for personal injury, wrongful death, or property damage, arising out of or related to the usage of the Easements located in the CSM Water-Line Easement Parcels and/or the Drainage # 143410 Co C-~ • and Utility Easement Parcel, by Grantee, its employees, agents or contractors; except that the indemnity does not extend to damage, liability, fees, penalties and claims that are the direct result of the negligent acts or omissions of the Grantor, its employees, agents or contractors. 5. Grantee, for itself, its successors and assigns, shall keep the CSM Water-Main Easement Parcels and the Drainage and Utility Easement Parcel and Grantor's Property free from any liens arising out of any work performed, materials furnished or obligations incurred by Grantee. If any .mechanic's lien is filed against the Grantor's. Property relative to such work, materials or obligations, Grantee shall immediately obtain and deliver to Grantor an appropriate release of said lien, or a bond in an amount equal to one and one-half times the amount of the lien, to insure Grantor and Grantor's mortgagees, against any liability for such mechanic's lien. 6. Grantee hereby agrees to exercise reasonable efforts to minimize any damage and inconvenience to Grantor or its tenants, and to minimize any disruption to the business operations of Grantor, or its tenants, in the exercise of the easements and rights granted hereunder, and to perform and complete all necessary work of maintenance, repair and replacement in a diligent manner. 7. The Easement herein granted are for public purposes only, and cannot be assigned by City without the written consent by CSM, its successors. and/or assigns, which consent • shall not be unreasonably withheld. 8. Grantee, as fee owner of Lot 3, Block 1, THE SHOPS AT LYNDALE, hereby dedicates an easement to the City of Richfield for a public water-main over and across the City Water-Main Easement Parcel. 1N WITNESS WHEREOF, this DRAINAGE AND UTILITY EASEMENT AND WATER- MAIN EASEMENTS AGREEMENT is executed as of the date and year first above written. CITY OF RICHFIELD By: Name: _ Its: Mayor CSM INVESTORS, INC. By: Name: Its By: _ Name: Its: C7 CSM SHOPS, INC. By: Name: Its: # 143410 ~~' STATE OF MINNESOTA ) SS COUNTY OF HENNEPIN ) by The foregoing instrument was acknowledged before me this day of , 2007, and corporation, on behalf of the corporation. and ,the Mayor respectively of the City of Richfield, a Minnesota municipal Notary Public Notary Seal/Stamp: STATE OF MINNESOTA ) SS • COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of 2007, by ,the Inc., a Minnesota corporation, on behalf of the corporation. of CSM Investors, Notary Public L` # 143410 ~c-~ • STATE OF MINNESOTA ) SS COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this 2007, by the day of , of CSM SHOPS, Inc., a Minnesota corporation, on behalf of the corporation. Notary Public • This Instrument Drafted by: C. William Franke, Attorney at Law CSM Corporation 500 Washington Ave. S., #3000 Minneapolis, MN 55415 # 143410 ~~ ~® • CONSENT TO DRAINAGE AND UTILITY EASEMENT AND WATER-MAIN EASEMENTS AGREEMENT Transamerica Life Insurance Company, an Iowa corporation, as mortgagee under that certain Mortgage, Security Agreement, and Fixture Filing dated August 1, 2003, given by CSM Investors, Inc., a Minnesota corporation, filed for record in the office of the County Recorder in and for Hennepin County, Minnesota, on September 16, 2003, as Document No. 8164493, and filed for record. in the office of the Registrar of Titles in and for Hennepin County, Minnesota, on September 15, 2003, as Document No. 3835306 (the "Mortgage"), and as Assignee under that certain Absolute Assignment of Leases and Rents dated August 1 2003, filed for record in the office of the County Recorder in and for Hennepin County, Minnesota, on September 16, 2003, as Document No. 8164494, and filed for record in the office of the Registrar of Titles of Hennepin County, Minnesota, on September 15, 2003, as Document No. 3835307 (the "Assignment") encumbering land in Hennepin County, Minnesota, does hereby (1) consent to the foregoing DRAINAGE AND UTILITY EASEMENT AND WATER-MAIN EASEMENTS AGREEMENT, and (2) acknowledges and agrees that the Mortgage and Assignment shall be subordinate to the DRAINAGE AND UTILITY EASEMENT AND WATER-MAIN EASEMENTS AGREEMENT. TRANSAMERICA LIFE INSURANCE COMPANY • Its STATE OF COUNTY OF By: Name: )ss. The foregoing instrument was acknowledged before me this the day of , 2007, by of Transamerica Life Insurance Company, an Iowa corporation, on behalf of the corporation. Notary Public • Notary SeaUStamp: # 143410 ~~~ ~ 1 CONSENT TO DRAINAGE AND UTILITY EASEMENT AND WATER-MAIN EASEMENTS AGREEMENT as attorney-in-fact for Wells Fargo Bank, National Association, formerly known as Norwest Bank Minnesota, National Association, a national banking association ("Assignee"), as Trustee for the Registered Holders of DLJ Commercial Mortgage Corp., Commercial Mortgage Pass-Through Certificates, Series 1998-CF1, (i) as Assignee of Mortgagee of that certain Mortgage and Security Agreement dated October 14, 1997, effective October 20, 1997, in favor of Column Financial, Inc., a Delaware corporation, as Mortgagee, by CSM Shops, Inc., a Minnesota corporation, as Mortgagor, filed October 23, 1997, in the Office of the Hennepin County Registrar of Titles, as Document No. 2853970 (the "First Mortgage") as assigned to Assignee by that certain Assignment of Mortgage and Security Agreement dated March 2, 1998, and filed on May 10, 1999, in the Office of the Hennepin County Registrar of Titles, as Document No. 3155931, (ii) as Assignee of the Original Assignee of Assignment of Leases and Rents filed October 23, 1997, in the Office of the Hennepin County Registrar of Titles, as Document No. 2853971 (the "First Assignment") as assigned to Assignee by Assignment of Mortgage and Security Agreement filed May 10, 1999, as Document No. 3155932, (iii) as Assignee of Mortgagee of that certain Mortgage and Security Agreement dated October 14, 1997, effective October 20, 1997, in favor of Column Financial, Inc., a Delaware corporation, as Mortgagee, by CSM Shops, Inc., a Minnesota corporation, as Mortgagor, filed October 23, 1997, in the Offices of the Hennepin County Registrar of Titles, as Document No. 2853972, (the "Second Mortgage") as assigned to Assignee by that certain Assignment of Mortgage and Security Agreement dated March 2, 1998, and filed on May 10, 1999, in the Office of the Hennepin County Registrar of Titles, as Document No. 3155933, and (iv) as Assignee of the Original Assignee of Assignment of Leases and Rents filed October 29, 1997, in the Office of the Hennepin County Registrar of Titles, as Document No. 2856434 (the "Second Assignment") as assigned to Assignee by Assignment of Mortgage and Security Agreement filed May 10, 1999, as Document No. 3155934, encumbering land within the County of Hennepin, State of Minnesota, does hereby (1) consent to the foregoing DRAINAGE AND UTILITY EASEMENT AND # 143410 ~ ~ iz • WATER-MAIN EASEMENTS AGREEMENT, and (2) acknowledges and agrees that the First Mortgage, First Assignment, Second Mortgage and Second Assignment shall be subordinate to the DRAINAGE AND UTILITY EASEMENT AND WATER-MAIN EASEMENTS AGREEMENT. IN TESTIMONY THEREOF, the- undersigned has hereunto executed this instrument the day of , 2007. __ , As Attorney-in-Fact for WELLS FARGO BANK, NATIONAL ASSOCIATION, formerly known as NORWEST BANK MINNESOTA, NATIONAL ASSOCIATION, as Trustee For the Registered Holders of DLJ Commercial Mortgage Corp., Commercial Mortgage Pass-Through Certificates, Series 1998-CFl By: Name: Its STATE OF ) )ss. COUNTY OF ) The foregoing instrument was acknowledged before me this 2007, by the day of , of as attorney-in-fact of Wells Fargo Bank, National Association, formerly known as Norwest Bank Minnesota, National Association, a National Banking Association, as Trustee for the Registered Holders of DLJ Commercial Mortgage Corp., Commercial Mortgage Pass-through Certificates, Series 1998-CF1, on behalf of the company and association, respectively. Notary Seal/Stamp: n Notary Public # 143410 ~C-13 • EXHIBITS A (2 pages), B, C, D, -and E on the following 6 pages n 1`J # 143410 i • • Sonde Land Surveying; LLC. 9001 Eost Bloomington Freeway (35W) Suite EIS Bloomington, Minnesoto 55420-3435' Business: 952-881-2455 FAX; 952-888-952fi ' MOST N'LY CORNER ~ OF LOT I ~~ 2 y,~ _ ' 5~g OQ ~ ~ ~ ~~'.i', •%` -- e~so°46'42° -37.33 1?=120.00 ' ~ - 2& 03 L=64.4E .~'asement Sketch For.• ~ ~S~YI CORPOR~fT10N ~XH~~IT A I -., - R`6~ ¢S%a ~~~OO.~ - - i~ .~6 ~ , o u ~ ~~~~ 10"I Oi ,•` ` 1V // ; 1 d ' ~ ~ I ~nl E I -` n,^yl " I ~ i ~ ry ( ~ I C• ~/ - I 1 ' lJ Q °i " i ~ I i a c~ ~ I~E a ~ l,l ~ I ~ I i t U tp INII I Ivl I £XlSTlNC•: BU/1 plNC I 2 ~ lei I E I ' !I h ~ , V~ IW~ I C 4t ~ log 1 i ~- ~ X r °~ ~~, I ~ Ill ~ / , I ~ I ~ ''' I 1 ':.~' ~ ~ PRBP69fi7 IYATER ~ " I MANN EASEMENT I I 25,562 S4. FT. 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' 494 Zao!-tS6 • 6t6/S r.7a pa. sar svr 7o0+tsses~rr.~w2e»g SHEET ! 0l'' 2 SHEETS .._ _-~ : . - _ ~1 • ~~~:~~- a1 Sunde Land S.urveying,~ LLC. 9001 Eost Bloomington freeway (35W) E`C+r32rl2e~'Lt S1~C2~CjL I' 0~.~ Suite I i8 Bloomington, Minnesaka SSd20-3435 Business: 952-881-2455 ~ CS~YI ~ CORPDRA.7'ION fAX: 952-888-9526 Wt hereby certify that this • sketch, plan err report was • ~5CALE: !Inch = 60 Feet prepared by me err under my instruction and shot I om o • w - duly Registered land Surveyor z~ ~ under the lows of the State of p Minnesota. .~ SO"06`22"W N~ Dated this 13th dny of August, ' ~ ---- 277.94 ,-- -ND°0622"E 20.42 -- -.., 2002 ~' %"~' f ~ 1 suNDE LAND suRVerlNC, uc. / /fit -!/1T,`~~7 1 ' , ~-~----.~~lo'~I34.22 By: ~'~• - -11Q1`t Scott d. •ukup, R S. _ ~''•" °- ~ ° ' lAinn. Reg. No. 17 S6 , W 'Ii;O;~'`• -- 23.23' W v REVISED: A r17 30, 2003 Z •i •, S0 06'22"W m„ P h ra _ n , (Rovise esmt. & lot lines) ~- ~-r ~,' ,'~ REVISED: September 28, 2004 H 1~ %~Lj~ ,~~•I `'; ~, (Revise west line of Lot I W ~ e' i iI'IQl~ W N GO ) i pp VJ , < O ', ~ 1 DI 1''i rf • ~,~ 1~ , 1 • N ~ i , NN Im I m ~ V' . Y ~~ I N 1 , f-_t I LI~ Z } ~ v if o~ } ` ~ N ~ 2 V fo t, I ~ a `O fl~I ~,~ II •i~ O , _'~ I'I 1 m N ~~ 0~ I ` J G1 p~ ' I Q r ~ n of k I _ ih ' ~ III ~ ~ I o z lm zo 2 I I~ ~ ~~ ti t ~ la ~ via ~r ~ I I W O ' ~ I 2 ~ loo la ~~q ~ . L2i Imo' Ir ( ~~N r~ W ~~ i ~~ i 2 I ~ I ~~ ` ` I ~ I i , ~~ ~, ~ N ~ 1 ' 1 ,'~ o~ ~ :_ ~ oa i ! ~ ~` a H ~ ~ I Z~. t,. ii ............................. Y.. ...~.I.4.~g•I~~......,f....... ..~. ion-t~...............................,.......... ..... ........ ..............._...,...,........ i _~1 Nml 1 .~'t~'a .. d a t .~ \ m- ~ 1 aoo~-IsE E!E/S rze xa. f.rs sur roarrsEesxrrrRZe~9 SHEET 2 OF 2 SHEETS i - ~_ Sunde Land Sure LLC, ~g~ 9001 East Bloomington Fteewoy {35W) ~jasement Suite 118 SJC.~~C/L 1' C7",~ Bloomington, Minneso#a 55420-3435 C i B us ness: 952-881-2455 ( - - ~g`'$N' 0,s.~ CORPOR~4TION FAX: 952-888-9526 -- i .s ; • ~ ,ky~ + p ' i ~a~+SS~ jos+'SF Q . ~+~ ,pt ~ { ~+ ° / ~ _ ~ W; ~Q ~O ~ ,~ ' we hereby certify That this Sketch, plan or report was prepared by me or under m i ~ , ~ ,~ O/~ ~ ~ ~ '~~ ~ ~ G ,,~ ~PC O '~9 ~u~ ~~ ry j 1 N ~ s y instruction and thof I am e d l R i a "j g ., ,n r~n ; z~ ~.~ h`O I ~~ o,~ ' _ ~ \~?~~ \\ ° m~ ~- ~ W? O °O6 `2Z "F ~ `, 10 ' °D a h , y~ `fa'g ',• h ~ z' wv> ~ "` F ~~~• u y eg stered Land Surve r under the laws of the Stoteof Minnesoto. Dated this 13 th d f • I - 193.75 - ,~ ~ j~°., ~' August, 2002 oy o ~:~` ~'. ' ~' ~\ v1i~\'i ~ ~ SONDE LANG SURVEYING, LLC. Z !Ol !Q ~ ", o ;~ 3Nn .t1.3 Na ;3 ~;' ~:sF o8. ~NO°093 ? ~h ~'~ . N"' ,~y 9a, X6.39 fp,,q `,ey.~~ __ aW ;* +BZH • ' SCOIt J.~Soukup, .S. N~ ~ o, yj9'•, '~ A4inn, Reg. No. 17258 hpr ~ / ,~~, a ~ ; a h0 -S`;~~~ I ,!'= s-•• • r 1 ~m ft'EVfSEO: April 30, 2003 f • Os w ~ M ~ { =~ {Revise lot lines) I ~~ j rv ~ @?' O ~, '90~,, `, N REVISED: September 28, 2004 Z J ~ +,~~ ry c I I~~ ~ ~ (Add .line labels} ~ ,~ ,o l ~ C oyo •~ c- J v I l ~J b ' m '~ I c a a; trl '`,~ ~ol I v U ~ , h ~ W C ~I m ~ ~Q III C7 ~ ~ `^ ~ i 1 I z -""t _ -~ $~ ~ 0 °zN I V s i N << < ~ l b !- - ;~v ,L C7 ~ \ ^ to _ ~ 2 ; ~ a I r~,^, \ lall~ vJ ~ =~-` z 3 ~ \ ~ r~ • A W'LY LINE ~ L so ~ ~~ \ ~ SD°062 ° ~ 277.92 •- NO°0622"£ __ W 2 -- 122.85 -- ~.• ,~ _ NE CORNER OF OUTLOT A N ~' a ~ t O ~ °h lp •, !++ m ' ~ rr~ vI p ~ l_ r"?-~ ~ n n ~~ err nr ~ h ~ .t• ~ ~ ~h a I ~+v i , ~ 0 ~ roll .~8 i.v r ; 32.50=-~•=' NO 06 22 E `47.78 1'~ NO°06'22"E zoorrse 6l6/S r28 R.TI su r SCALE: ~ 1 Inch = 80 Feet l J su avarseeurrmrzcp ( ~ i • • . Vie.- ~~ ... Suede Land urv ~~ S eying, LLC. 9001 Eost Bloomington Freeway (35W) ~'CZS2~22y1,t SI~C2tCjL ~ l' C~.~ Suite 118 Bloomington, Minnesota 55420-3435 Business: 952-881-2455 C~M CD ja j~n~7~ /J~ro ]I r FAX: 952-888-9526 l b1 Vl +~ 1 1 1V % .~ ~ll N O 0 z 1 ~ l L~ i~ Exrsnnrc a~t,nlNC ': b X11 11 tt a ~o~ i+.4 p I ! ~ ~~ ~ ~ ~r 1 ~ i fw 1 ~1 ~~ ` / / T -~ Z~ 1 n -iH C tl r O J Q ~ Ar46W9SE8 WATER J ` ~~ ° - MAIN EASEMENT , 765 S4. fT. ~ , ~ ° - ; ~1 ~~ ti~ ~ ,' °~ tih n S, LINE Of ~ L07 3 ~i~ 'o,• ~~ ~ io N % ~i ~~' --- 589 °54'20 "w 130.87 --• ti ~ ~ ~G- / /'1T ~ zM L.V J ~ ~o ~ ~ ~ No ~`j ~, X We hereby certify that this sketch, plan or report was prepared by me or under my instruc#ibn and that I om a duly Registered E.and Surveyor under N the lows of the State of Minnesota. n Doted this 13th day of August, 2002 , c - SONDE LAND SURVEYING, Lt.C. Scott J. oukup~~ .S.- Minn. Reg. Pfo. 17256 REVISED: September 28. 2004 (Add line iobels) zoo-,~ B~5/s roe a,zz s.u svr zaorrsstsunuvd~ • • • Sunde Land v 12 Sur eying, LLC. 8001 Eosi Bloomington Freewoy {35W} Suite i 18 Bloomington, Minnesota 554203435 Business: 952-881-2455 FAX: 952-888-9525 ~'asement Sketc~i ~'or.• CS~1 CORPQRATIDN ~ ~ J , w /41p Q'p MANN £ 1N£N ~ ~ ~V ~ ,~ T ~~ ~ !~ •601 fT, ~ Q~ I i !0 ~ ~ ;, r\~ / ~~ ~ n T ~ ~ ~ ~. v i ~r o~ p~~ '~ a ~ OTt 4 ~ ~~ti ~J~1d O ~4 ~~` v~ ~J ~•~ pr iii ,~h~"~ J / ~ _ 30 °20'4.~'E G ` ~9 /)~ V I 11 ~ <S8 ~~ ~-.,. c_ V 1 ~ 1 'S~ '~~ w i-~` ' - ''L\~ a u C . ~~ ~~ - • ~~ .~ / / We hereby certify that this sketch, plan or repor# was prepored by me or under my instruction and that I om o duly Registered Land Surveyor under the lativs of the State of Minnesoio. Doted this 13th day of August, 2402 SUNpE LANp SURVEYING, LLC. • 9y. ~ ,~ ______ Scott ,1. Sdfiku ., R~Minn^P.e No. 1725 P g 6 ?0477-156 Sl6/3 T.7d R:! $~ $ATT ?p01lJ$fS1TT12d+p I • I ~ ~ - ~ 9 .__._.. _.. . • Sunde Larid Surv 13 eying, LLC. 9001 East Bloomington Freeway (35W) j site 118 ~'asement Sketch For.• • 8loomingion, Minnesota 55420-3435 Business: 9sz-ss ~ -2455 ~ • C~,~1 G~ORP4RATION • FAX: 952-888-9526 ~ nT 7 L, V / ~ - '-" S86 °42'36'£ 95.39 1 , 7-r r r- . r ~ ~ ~- / I n ~ / r v~-~ ~ _ c, ~ o N N i ~. r /l ~' ~- ' + ~ IN ~ ~ £XlSrING BUILL7INC LOT W • ~ ~~ N N . b O ~ i 4 ~ ~ , f~\ o I J ~ / ~~,~ ~~gg ~ ~ L - w~ rFe ~ ~ ~raN £ s£~v£Nr / ~ i i 87 SQ FT.. •• ' N89°5,3',8"W 95.24 •- v o N SE CORNER e OF LOT 5 r l f1 T /) u e L• V I ~ - i ti J ' 78TH STREET WEST Vle hereby certify that this sketch, plop or report was prepared by me or under my instruction and that I• om F.K.A. MARKET DRII/E a duly Registered Land Surveyor under the lows of the Slate of l++iinnesoto. Gated this 13th day of Augusf, 2DD2 ' SUEDE LA~lD SURVEYING, LLC. Scott J. Soul~up, R.L.S. Idinn~ Reg. No.^ I 7256 ~" 1007-l36 6!6/5 Y.ZB R.T~ 'S3S svr Tawlse£svrrxe.d+y REVISED: April 30, 2003 (Revise lot lines) ~ ~' ~.© EXHIBIT F-1 (Drainage and Utility Easement Parcel) That portion of Lot 1, Block 1, THE SHOPS AT LYNDALE, according to the recorded plat thereof, Hennepin County, Minnesota, described as follows: Commencing at the most southerly southeast corner of said Lot 1; thence North 0 degrees 06 minutes 22 seconds East, assumed bearing along an easterly line of said Lot 1 to the Northwest corner of Lot 5, said Block 1, THE SHOPS AT LYNDALE, said line hereinafter referred to as "Line A"; thence return South 0 degrees 06 minutes 22 seconds West along said Line A to said most southerly southeast corner of Lot 1, said point being the point of beginning of the easement area to be described; thence South 86 degrees 49 minutes 57 seconds West, along the southerly line of said Lot 1, to the point of intersection of said southerly line of Lot 1 and a line distant 53.00 feet west of and parallel with said Line A (said 53.00 feet measured at right angles to said Line A); thence North 0 degrees 06 minutes 22 seconds East along said line parallel with and distant 53.00 feet West of Line. A and its northerly extension to the North line of said Lot 1; thence North 89 degrees 55 minutes 12 seconds East along said North line of Lot 1 to the point of intersection with the northerly extension of said Line A; thence South 0 degrees 06 minutes 22 seconds West along said northerly extension of Line A and along said Line A to a line drawn 325.00 feet southerly of and parallel with said North line of Lot 1 (said 325.00 feet measured at right angles to said North line); thence South 89 degrees 55 minutes 12 seconds West a distance of 2 feet; thence South 00 degrees 06 minutes 22 seconds West a distance of 51.5 feet to a line drawn 376.5 feet southerly of and parallel with said North line of Lot 1 (said 376.5 feet measured at right angles to said North line); thence North 89 degrees 55 minutes 12 seconds East a distance of 2.00 feet to said Line A; thence South 0 degrees 06 minutes 22 seconds West, along said Line A to the point of beginning. • # 143410 ~ c -~-I Exhibit F-2 LJ • I , F Suede Land Surveying t ~. ~~ , I t ~ 9001 Eost Bloomington freewoy (35W) I kite 118 .E'asement Sketch FoT • j Bloomington, Minnasoto 55420-3435. . I I Business: 952-881-2455 G;S'~ CORPORATION I FAX: 952-888-9526 I ' I i ' Ne9.55-~2w~7TH STREET ; WEST 1 ' -'---" 257. tO - - I I I 1 ~ I ' ! N'LY EXTENSION, ' I ~ t Of AN EAST ~ UNE OF LOT 1 j I i$ I ' I `C ; I i 1 i ~ I c` ( I ~ ; j ~ W I ^ N ~ I ' I C~ 1 ~~ I ~ ~ I ~ (, ~ ~ t^ f I I I~ I =~ ~. c~ J ~ I I ~ I I ~ n I l ~ C~ r I ~~~~ ~ N, I ~ I o I- ~~ ' ; ~~ I ~~ H hj , O ~~ ~ ~ ! ( ( ; I ~ j I ; I ( ~ I I h ; ( I I b, I C~ I `J ; AN EAST LINE I •- -S89'S42OwW ~ I OF Lor I I I 53 1 28 t I I '`~ /'1/~/ I ~ L~L.VvT~~~-----~~ ~ ~ ~ ^ ~ ! I I ~ ~ t t~ 1 I (.7 f ° ~ ; . I / WW er l u~ ! ~ ` N~ I t 5l ~ t1 I-°----°--- ~~ o o C J ; J ~ aN ,~ ( I 1 $_ h I J \ t i ~(~ I ! I 5. UNE OF I i LOT I ~ ,~ ' ' We hNehy certify that thin aketeh, plop 1 I I~ I ' or report ran prepored Dy me or under ! my instructkat and lhot I am o duly I I __ _.••. I __.-_ •S86°49'57"W '~ ~ Regfatered fond Surveyor under the I t Iowa of the State o! Mklnesoto. ~ 350.57 STREET WEST ^ I Odted this 13th doy of August, 2002 ~ SONDE LANG S R „ 78TH U VEYING, LLC. ~ I LL I n 1 9y I I II 1 s Stott d kup, R.L.S I Minn. Reg. No. 17256 I I u 1 t REVISED: April 30, 2003 {Revue ' ! - ! I esmt. k tot lines) I REVISED: Septemher 28. 200 (Atld I ~ I ~ I u tine labels) REVISED: May 3, 2007 (Revise I ! rn I sketch) I I I SOO/-!S6 6!6/5 T.2B R.Tt 5.33 SIIT 100/!56£SNT/&43.drq I I t I I !_________________ t I # 143410 ~~~~ • UTILITIES, PARKING AND ACCESS EASEMENT AGREEMENT .(Superseding and Replacing Utilities and Access Easement Agreement filed as . Document No. 6795606, Office of County Recorder, and Document No. 2851514, Office of Registrar of Titles) THIS UTILITIES, PARKING AND ACCESS EASEMENT AGREEMENT ("AGREEMENT") is made and entered into this day of , 2007, by and between CSM INVESTORS, INC., a Minnesota corporation ("CSM"), CSM SHOPS, INC., a Minnesota corporation ("SHOPS") and the CITY OF RICHFIELD, a Minnesota municipal corporation ("City"). RECITALS: . WHEREAS, CSM is the fee owner of the real property located in the City of Richfield,, County of Hennepin, State of Minnesota, described as Lot 1, Block 1, THE SHOPS AT LYNDALE ("Lot 1 ") and Outlot A, THE SHOPS AT LYNDALE ("Outlot A") (Lot 1 and Outlot A collectively the "CSM Parcel"); WHEREAS, SHOPS is the fee owner of the real property located in the City of Richfield, County of Hennepin, State of Minnesota, described as Lot 2, Block 1, THE SHOPS AT LYNDALE ("Lot 2"), Lot 4, Block 1, THE SHOPS AT LYNDALE ("Lot 4"), and Lot 5, Block 1, THE SHOPS AT LYNDALE ("Lot 5") (Lot 2, Lot 4 and Lot 5 collectively the "SHOPS Parcel"); WHEREAS, the City is the fee owner of the real property located in the City of Richfield, County of Hennepin, State of Minnesota, described as Lot 3, Block 1, THE SHOPS AT LYNDALE ("Lot 3"); WHEREAS, the CSM Parcel, SHOPS Parcel and Lot 3 are herein collectively referred to as the "Parcels"); WHEREAS, CSM, SHOPS and the City wish to terminate that certain Utilities and Access Easement Agreement, and the easements, terms, restrictions, obligations and conditions set forth therein, dated October 1, 1997, recorded on October 15, 1997, in the Office of the County Recorder in and for Hennepin County, Minnesota, as Document Number 6795606, and filed on October 15, 1997, in the Office of the Registrar of Titles in and for Hennepin ~ c -a ~ County, Minnesota, as Document Number 2851514, and replace and supersede said Utilities and Access Easement Agreement with- this Agreement; and WHEREAS, CSM, SHOPS and the City desire to create various reciprocal easements over, under and across the.Parcels for utility, access .and parking purposes for the benefit of Lot 3, SHOPS Parcel and CSM Parcel as provided herein. AGREEMENT: NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, CSM, SHOPS and the City hereby declare and agree that the Parcels shall be forever occupied, held, sold and conveyed subject to and together with the private, perpetual and non-exclusive reciprocal easements hereinafter described (the "Easements"), which Easements shall run with the Parcels as appurtenant thereto, and shall be binding upon and inure to the benefit of all parties having any right, title or interest in the Parcels, or any portion thereof, including, without limitation the respective Owner (as defined herein) of each of the Parcels or portion thereof, and its heirs, administrators, legal representatives, successors, devisees and assigns: 1. Description of Easements. A. Easements Over Lot 3: • (1) Watermain Easement: City hereby grants and conveys unto CSM and SHOPS anon-exclusive easement for watermain purposes for the benefit of Lot 1, Lot 2, Lot 4 and Lot 5, over, under and across that portion of Lot 3 described in Exhibit A-1 and depicted in Exhibit A-2, both attached hereto and incorporated herein; (2) Parking and Access Easements: City hereby grants and conveys unto SHOPS anon-exclusive easement for parking, and vehicular and pedestrian ingress, egress and access purposes for the benefit of Lot 2 and Lot 4, over and across that portion of Lot 3 described in Exhibit B-1 and depicted in Exhibit B-2, both attached hereto and incorporated herein. B. Easements Over CSM Parcel and SHOPS Parcel: (1) Access Easement: CSM hereby grants and conveys unto City anon-exclusive easement for vehicular and pedestrian ingress, egress and access purposes for the benefit of Lot 3 over and across that portion of the CSM Parcel described in Exhibit C-1 and depicted in Exhibit C-2, both attached hereto and incorporated herein. ~ c-a~ • SHOPS hereby grants and conveys unto City anon-exclusive easement for vehicular and pedestrian ingress, egress and access purposes for the benefit of Lot 3 over and across that portion of the SHOPS Parcel described in Exhibit D-1 and depicted in Exhibit D-2, both attached hereto and incorporated herein. (2) Storm Sewer Easement: CSM hereby grants and conveys unto City. anon-exclusive easement for storm-sewer purposes for the benefit of Lot 3 over, under and across that portion of the CSM Parcel described in Exhibit E-1 and depicted in Exhibit E-2, both attached hereto and incorporated herein. SHOPS hereby grants and conveys unto City anon-exclusive easement for storm-sewer purposes for the benefit of Lot 3 over, under and across that portion of the SHOPS Parcel described in Exhibit F-1 and depicted in Exhibit F-2, both attached hereto and incorporated herein. (3) Parking and Access Easement SHOPS hereby grants and conveys unto City anon-exclusive easement for parking and vehicular and pedestrian ingress, egress and access purposes for • the benefit of Lot 3 over and across that portion of the SHOPS Parcel described in Exhibit G-1 and depicted in Exhibit G-2, both attached hereto and incorporated herein. (4) Gas Line Easement: SHOPS hereby grants and conveys unto City anon-exclusive easement for underground gas line purposes for the benefit of Lot 3 over, under and across that portion of the SHOPS Parcel described in Exhibit H-1 and depicted in Exhibit H-2, both attached hereto and incorporated herein. 2. Definition of "Owner". For purposes of this Agreement, the term "Owner" shall be defined to mean one or more persons or entities holding a fee simple interest, or a vendee's interest, in any of the Parcels, or any portion thereof, subject to this Agreement; provided, however, that the term "Owner" shall not include any holder of alien secured by all or part of one or more of the Parcels, unless and until such lien holder acquires ownership in fee by foreclosure, deed in lieu of foreclosure or otherwise. 3. Nature of Easements. The Easements created herein are non-exclusive, and shall be appurtenant to the Parcels as applicable, and any conveyance of fee title to the • Parcels or any portion thereof shall be deemed to include a conveyance of the Easements that are appurtenant to the Parcels, as applicable, regardless of whether ~ ~-~~ • the Easements are specifically identified in the instrument of conveyance. In the event an Owner transfers or conveys a portion of any one of the Parcels, the easements granted in this Agreement which benefit, bind and burden the remainder of the Parcel not transferred or conveyed shall benefit, bind and burden the portion of the Parcel so transferred or conveyed, and those easements granted in this Agreement which benefit, bind and burden the portion so transferred or conveyed shall benefit, bind and burden the remainder of the Parcel of which it was a part. Nothing contained in this Agreement shall be deemed a gift or dedication of any portion of the area of the Easements to the general public or for the general public or for any public purpose. The easements created in this Agreement shall not be subject to the doctrine of merger. 4. Scope of Access Easements. The easements referenced in Paragraph 1.B.(1) above (the "Access Easements") shall be used from time to time, subject to the terms of this Agreement, for the passage and use, both pedestrian and vehicular, .for ingress, egress and access purposes on, over and across the area of the Access Easements (collectively, the "Access Area") between and among the Parcels to and from Lyndale Avenue South, West 78~' Street, and West 77~' Street. The easements and rights for the benefit of Lot 3 shall include the right to maintain and/or replace the existing interior directional sign(s) located along the Access Area. • The Owners of the Parcels shall not erect, install or maintain any barriers, fences, walls, ditches, barricades or other structures or obstacles on or anywhere within the Access Area which would burden or interfere with, impede, slow, divert or in any way prevent pedestrian or vehicular traffic from fully passing within, through or across the Access Area. The Access Easements shall at all times be for the use and benefit of the Owners of the CSM Parcel, SHOPS Parcel and Lot 3, or portions of the Parcels, as the case may be, and their heirs, administrators, legal representatives, successors, devisees, assigns, agents, employees, contractors, customers, guests, tenants, licensees, and invitees. It is understood by the parties that in the event the public right-of--way or the land underlying and adjacent to the existing point of access to Lyndale Avenue South from the Parcels (which access point is depicted on Exhibit D-2) is now or hereafter becomes either (i) owned or controlled by the City and used for any purpose other than as public right of way, or (ii) owned or controlled by the State of Minnesota, and either the City or the State of Minnesota substantially impairs or eliminates the access across such existing point of access, then the City agrees to utilize its best efforts to provide a replacement point of access directly onto Lyndale Avenue South; and, in the event that such direct access is not available, to provide the access onto West 77~' Street depicted in Exhibit J as the "Former • West 77~` Access" or at some other location mutually acceptable to the parties. It tU ~~~~ • is understood that the actual cost of constructing any replacement access will be borne entirely by CSM and SHOPS. 5. Scope of Parking and Access Easements. The Easements reference in Paragraphs 1.A.(2) and 1.B.(3) above (collectively, the "Parking Easements") shall be used from time to .time for the purpose of motor vehicle parking within the striped parking stalls located within the area of the Parking Easements together with right of vehicular and pedestrian ingress and egress incidental thereto (collectively, the "Parking Area"). No loading or unloading, parking of delivery vehicles, vehicle storage or overnight parking shall be permitted within the Parking Area. The Owner of Lot 3 shall be responsible at its own expense for maintaining (including without limitation, paving, repaving, sealcoating, striping of parking stalls, snow and ice removal and maintenance and repair of curbing, medians, and light poles) the Parking Area substantially in accordance with the site plan attached hereto as Exhibit K, it being the intent of the parties that the Owner of the SHOPS Parcel shall have the benefit of an easement over Lot 3 for not less than the number of parking spaces as may be required to fulfill a parking ratio of 4.5 spaces per 1,000 square feet of rentable building area on the SHOPS Parcel. The Parking Easements shall at all times be for the use and benefit of the Owners of the Lot 2, Lot 3, and Lot 4, as the case may be, and their heirs, administrators, legal representatives, successors, devisees, assigns, agents, employees, contractors, • customers, guests, tenants, licensees, and invitees. 6. Scone of Utility Easements. The Easements granted in Paragraphs 1.A.(1), 1.B.(2), and 1.B.(4) herein for :purposes of watermain, gas line, and storm sewer (together, the "Utility Easements") shall be used from time to time, subject to the terms of this Agreement, for the installation, reinstallation, maintenance, repair, operation and replacement of underground watermains, storm sewer lines, and gas lines and other similar utility lines (collectively, the "Utility Lines") serving the Parcels, and all subsurface apparatus required to be used in connection with the operation of the Utility Lines. Nothing contained herein shall be deemed to authorize the construction or placement of trunk Utility Lines. The Utility Easements shall be at all times for the use and benefit of the Owners of the SHOPS Parcel, CSM Parcel and Lot 3, or any portion thereof, as the case may be, and their heirs, administrators, legal representatives, successors, devisees, assigns, agents, employees, contractors, customers, guests, tenants, licensees, and invitees, including, without limitation, any utility companies providing service by way of the Utility Lines. 7. Maintenance and Repair. Notwithstanding anything to the contrary herein, unless maintained or repaired at the cost of any third party having the right to use any portion of the Easement areas or as otherwise provided in this Agreement, (i) the • Owner of Lot 3 shall be responsible, at its expense, for all necessary maintenance, repair and replacement (including without limitation, paving, repaving, ~~-a7 • sealcoating, striping of parking stalls, snow and ice removal and maintenance and repair of curbing, medians, light poles and telephone booth) of that part of the Access Area and Parking Area located within the area depicted as the "City Maintenance Area" on Exhibit L attached hereto and incorporated herein, (ii) the Owners of the CSM Parcel shall be responsible, at its expense, for all necessary maintenance, repair and replacement (including without limitation, paving, repaving, seal-coating, and snow and ice .removal) of that portion of the Access Area located within the CSM Parcel; (iii) the Owners of the SHOPS Parcel shall be responsible, at its expense, for all necessary maintenance, repair and replacement (including without limitation, paving, repaving, seal-coating, and snow and ice removal) of that portion of the Access Area located within the SHOPS Parcel, except any portion thereof located within said "City Maintenance Area"; and (iv) all necessary maintenance, repair and replacement cost of the Utility Lines shall be the responsibility and expense of the Owner or Owners benefited by such Utility Line requiring maintenance, repair or replacement, as the case may be. All maintenance and repair of the Easement areas shall be in accordance with generally accepted maintenance standards for first-class commercial retail real estate in the Twin City Metropolitan Area. In the event any Owner, or its respective heirs, administrators, legal representatives, successors, devisees, assigns, customers, guests, tenants, agents, employees, licensees, or invitees • damages, performs excavations or otherwise disturbs any Easement area in the course of maintenance, repair, replacement, or other activity or usage of the .Easement areas, the Owner shall promptly restore the damaged, excavated or disturbed area to substantially the same condition as existed immediately prior to the damage, excavation or disturbance. 8. Indemnification; Insurance; and Waiver of Subro ag tion. Each Owner, for itself, and for its respective heirs, administrators, legal representatives, successors, devisees and assigns in title to the CSM Parcel, SHOPS Parcel and Lot 3, respectively, .shall indemnify, hold harmless and defend the Owner (and any mortgagee now or hereafter of record) of any other Parcel, from and against any and all damages, liability, fees, penalties and claims, including without limitation, those for personal injury, wrongful death or property damage arising out of or related to the use of the Easements located on the indemnifying Owner's .property, except due to the negligence, willful misconduct or intentional wrong of the Owner to be indemnified. This indemnity shall be binding upon the Owners of the Parcels and their successors-in-interest only with respect to matters or events which occurred during the period the indemnifying party was in record title to the CSM Parcel, SHOPS Parcel or Lot 3, as applicable. Each Owner shall keep in force a policy of public liability insurance for at least Six Hundred Thousand ($600,000.00) Dollars naming the other Owners as • additional named insureds, to cover all claims for death, personal injury and property damage and the cost of defending the same arising out of the actions or ~C-~8 omissions of the Owner carrying the policy, and its customers, guests, tenants, agents, employees, licensees, or invitees. _ Except to the extent caused by any willful misconduct or intentional wrong of the Owner to be released, each Owner hereby releases the other Owner from any liability for any loss or damage to its property or the improvements located on its Parcel to the extent the loss or damage is covered by fire and extended coverage insurance, regardless of the negligence on the part of any other Owner, it being the intent of the Owners to waive any right or claim which might give rise to a right of subrogation in any insurance carrier. 9. Arbitration. All disputes concerning this Agreement shall be resolved by binding arbitration under the Rules of the National Arbitration Forum. In any such action or proceeding brought to enforce any of the terms of this Agreement, including the indemnification terms, the prevailing party shall be entitled to an award of its costs and disbursements, including reasonable attorneys' fees and costs. 10. Binding Effect. The .provisions of this Agreement shall constitute easements and covenants running with and binding upon the CSM Parcel, SHOPS Parcel, and Lot 3, as the case may be, and shall inure to the benefit of and be binding upon the Owners of the respective Parcels, and their heirs, administrators, legal representatives, successors, devisees and assigns in title, and any other party • .acquiring all or any portion of the Parcels or any interest therein whether by operation of law or other means. All of the provisions of this Agreement shall be enforceable as equitable servitudes and constitute easements and covenants running with the land pursuant to applicable law. 11: Self-Help Remedies. If any Owner shall default with respect to any of its obligations set forth herein (including its maintenance obligations) and shall fail within thirty (30) days after receipt of written notice from any other Owner to cure such default, then the non-defaulting Owner shall have the right, at its election, but not. the obligation, and in addition to such other rights and remedies as may be available at law or in equity, to cure such default for the account of the defaulting Owner, and shall be reimbursed by the defaulting Owner for the reasonable cost and expenses so incurred (including reasonable attorney's fees) within ten (10) days of receipt of written demand for payment, together with reasonable documentation substantiating such costs and expenses. Any sums not reimbursed within said ten-day period shall bear interest thereon at the rate of twelve percent (12%) per annum, or the highest lawful rate, whichever is lower. The thirty-day cure period shall be extended in cases where the default cannot be cured within thirty (30) days but can be cured during a longer period of time, so long as the defaulting Owner is diligently pursuing such cure. In the event of an emergency, no prior notice, shall be required to be given by the non-defaulting Owner prior to exercising its remedies hereunder, so long as the non-defaulting Owner provides . written notice of such emergency to the defaulting Owner promptly under completion of cure. ~~ ~ / • 12. Termination of Prior Agreement. CSM, SHOPS and the City hereby terminate that certain Utilities and Access Easement Agreement dated. October 1, 1997, recorded on October 15, 1997, in the Office of the County Recorder in and for Hennepin County, Minnesota, as Document Number 6795606, and filed on .October 15, 1997, in the Office of the Registrar of Titles in and for Hennepin County, Minnesota, as Document Number. 2851514, and release the respective Parcels from the easements, terms, conditions, restrictions and obligations set forth therein, and replace and supercede said Utilities and Access Easement Agreement with this Agreement. 13. Severability. If any provision of this Agreement shall be invalid or unenforceable to any extent, the remainder of this Agreement .and the application of such provision to other persons or circumstances shall not be affected thereby and shall be enforced to the greatest extent permitted by law. 14. Captions. The captions preceding the text of each article and section hereof are included only for convenience of reference and shall be disregarded in the construction and interpretation of this Agreement. 15. Governing Law. This Agreement shall be construed under and enforced in accordance with the laws of the State of Minnesota. • IN WITNESS WHEREOF, this A Bement is executed as of the date and year first above ~' written. CSM INVESTORS, INC. BY: Michele Foster, Vice President CSM SHOPS, INC. Bv: Michele Foster, Vice President ~~P3c~ CITY OF RICHFIELD By: Name: Its Mayor By: Name: Its City Manager STATE OF MINNESOTA ) ss COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this _ day of , 2007, by and ,the Mayor and City Manager respectively, of the City of Richfield, a Minnesota municipal corporation, on • behalf of the corporation. Notary Public Notary Stamp/Seal: DRAFTED BY: CSM Corporation 500 Washington Avenue South, Suite 3000 Minneapolis, Minnesota 55415 • ~~~~ • STATE OF MINNESOTA ) ss COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this _ day of , 2007, by Michele Foster, as Vice President of CSM Investors, Inc., a Minnesota corporation, on behalf of the corporation. Notary Stamp/Seal: STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument 2007, by Michele Foster, as behalf of the corporation. Notary Stamp/Seal: Notary Public ss gas acknowledged before me this _ day of , Vice President of CSM Shops, Inc., a Minnesota corporation, on Notary Public • • CONSENT TO UTILITIES,, PARKING AND ACCESS EASEMENT AGREEMENT Transamerica Life Insurance Company, an Iowa corporation, as mortgagee under that certain Mortgage, Security Agreement, and Fixture Filing dated August. 1, 2003, given by CSM Investors, Inc., a Minnesota corporation, filed for record in the office of the County Recorder in and for Hennepin County, Minnesota, on September 16, 2003, as Document No. 8164493, and filed for record in the office of the Registrar of Titles in and for Hennepin County, Minnesota, on September 15, 2003, as Document No. 3835306 (the "Mortgage"), and as Assignee under that certain Absolute Assignment of Leases and Rents dated August 1 2003, filed for record in the office of the County Recorder in and for Hennepin County, Minnesota, on September 16, 2003, as Document No. 8164494, and filed for record in the office of the Registrar of Titles of Hennepin County, Minnesota, on September 15, 2003, as Document No. 3835307 .(the "Assignment") encumbering land in Hennepin County, Minnesota, does hereby (1) consent to the foregoing Utilities, Parking and Access Easement Agreement, and (2) acknowledges and agrees that the Mortgage. and Assignment shall be subordinate to the Utilities, Parking and Access Easement Agreement. TRANSAMERICA LIFE INSURANCE COMPANY n U By: Name: Its STATE OF ) )ss. COUNTY OF The foregoing instrument was acknowledged before me this day of , 2007, by the of Transamerica Life Insurance Company, an Iowa corporation, on behalf of the corporation. Notary Public • Notary Seal/Stamp: ~ C- 3 3 CONSENT TO .UTILITIES, PARKING AND ACCESS EASEMENT AGREEMENT as attorney-in-fact for Wells Fargo Bank, National Association, formerly known as Norwest Bank Minnesota, National Association, a national banking association ("Assignee"), as Trustee for the Registered Holders of DLJ Commercial Mortgage Corp., Commercial Mortgage Pass-Through Certificates, Series 1998-CF1, (i) as Assignee of Mortgagee of that certain Mortgage and Security Agreement dated October 14, 1997, effective October 20, 1997, in favor of Column Financial, Inc., a Delaware corporation, as Mortgagee, by CSM Shops, Inc., a Minnesota corporation, as Mortgagor, filed October 23, 1997, in the Office of the Hennepin County Registrar of Titles, as Document No. 2853970 (the "First Mortgage") as assigned to Assignee by that certain Assignment of Mortgage and Security Agreement dated March 2, 1998, and filed on May 10, 1999, in the Office of the Hennepin County Registrar of Titles, as Document No. 3155931, (ii) as Assignee of the Original Assignee of Assignment of Leases and Rents filed October 23, 1997, in the Office of the Hennepin County Registrar of Titles, as Document No. 2853971 (the "First Assignment") as assigned to Assignee by • Assignment of Mortgage and Security Agreement filed May 10, 1999, as Document No. 3155932, (iii) as Assignee of Mortgagee of that certain Mortgage and Security Agreement dated October 14, 1997, effective October 20, 1997, in favor of Column Financial, Inc., a Delaware corporation, as Mortgagee, by CSM Shops, Inc., a Minnesota corporation, as Mortgagor, filed October 23, 1997, in the Offices of the Hennepin County Registrar of Titles, as Document No. 2853972, (the "Second Mortgage") as assigned to Assignee by that certain Assignment of Mortgage and Security Agreement dated March 2, 1998, and filed on May 10, 1999, in the Office of the Hennepin County Registrar of Titles, as Document No. 3155933, and (iv) as Assignee of the Original Assignee of Assignment of Leases and Rents filed October 29, 1997, in the Office of the Hennepin County Registrar of Titles, as Document No. 2856434 (the "Second Assignment") as assigned to Assignee by Assignment of Mortgage and Security Agreement filed May 10, 1999, as Document No. 3155934, encumbering land within the County of Hennepin, State of Minnesota, does hereby (1) consent to the foregoing UTILITIES, PARKING AND ACCESS EASEMENT AGREEMENT, and (2) acknowledges and agrees that the First Mortgage, First Assignment, Second Mortgage and Second Assignment shall be subordinate to the UTILITIES, PARING AND ACCESS EASEMENT AGREEMENT . ~c.-.~ ~ • IN TESTIMONY THEREOF, the undersigned has hereunto executed this instrument the day of , 2007. As Attorney-in-Fact for WELLS FARGO BANK, NATIONAL ASSOCIATION, formerly known as NORWEST BANK MINNESOTA, NATIONAL ASSOCIATION, as Trustee For the Registered Holders of DLJ Commercial Mortgage Corp., Commercial Mortgage Pass-Through Certificates, Series 1998-CF 1 By: Name: Its STATE OF ) )ss. COUNTY OF ) The foregoing instrument was acknowledged before. me this 2007, by the _ day of , of as attorney-in-fact of Wells Fargo Bank, National Association,. formerly known as Norwest Bank Minnesota, National Association, a National Banking Association, as Trustee for the Registered Holders of DLJ Commercial Mortgage Corp., Commercial Mortgage Pass-through Certificates, Series 1998-CF1, on behalf of the company and association, respectively. Notary Public Notary Seal/Stamp: • ~c-~s C7 EXHIBIT A-1 (description of Watermain Easement over Lot 3) A 20-foot wide watermain easement over, .under and across that portion of Lot 3, Block 1, THE SHOPS AT LYNDALE, the centerline described as follows: Commencing at the Southeast corner of said Lot 3; thence on an assumed bearing of North 0 degrees 01 minutes 33 seconds East along the East line of said Lot 3, a distance of 24.13 feet to the point of beginning of the centerline to be described; thence South 50 degrees 47 minutes 20 seconds West a distance of 38.25 feet to the South line of said Lot 3 and said centerline there terminating. The northwesterly and southeasterly lines of said 20-foot strip to be extended or shortened to intersect with the East and South lines of said Lot 3. (Depicted on Exhibit A-2) LJ • ~ • 1 ~=; , ~ C-- 3 ~ EXHIBIT ~1-,2 ~`~~ n 10 ~t ~° o £X/STING BUILD/NG ~ ~ O .. h rn W N 0 0 Z 1 ~ ~ ~( ~~. O ~'' O O ,, t,' ~` ~f ; ~~VI .~ ~ ~ 1 1 ~, ~ h W ~ ~ o ~ ~~ o ~ W Z~ Q ~ ~ J ~ r ~ ~. ~1 ~ o PROPOSED WA TER ° ~ -~ MAIN EASEMENT ,'~ 765 SQ. FT. . ~ °.-' - ~, ~ ~~ i' ``L~ ~ ~ ~ i e ~1 ~~ M S. LINE OF ~ ~ `~ i LOT 3 ~ ~ 'O ~%~ ~ io ~ ' ~ , ~i ~% ~, I• -~ ------- ~ S89 °54'20 "W /30.87 ' --- - -- a z \ ~.. can o .~'' ~~,' ,;' We hereby certify that this sketch, plan or report: was prepared by me or under my o instruction and that I am o duly Registered Lond Surveyor under the laws of the State of ~' Minnesota. n ~ Dated this 13th day of August, 2002 _~ - SUNDE~~LAND SURVEYING, t_LC. , v BY %'t/~~~`y~ _ _ N Scott J. S6uku R.L. Minn Re No. 17256 • p g REVISED: Septernber 28, 2004 {Add line labels) REVISED: June I, 2005 {Revise) • EXHIBIT B-1 (description of Parking and Access Easements over Lot 3) Parking and Access Easements over and across the East 86.0 feet of the West 96.5 feet of the South 68 feet of Lot 3, Block 1, THE SHOPS AT LYNDALE, Hennepin County, Minnesota. (Depicted on Exhibit B-2) • • ,~ • , ` ~~ ~ Q EXISTING' BUILDING ~ ~ ~ ~~ O ,` . • ----- i ' ~i W. LINE OF ! •n T ~ LOT3 L_V/ ~i j~~ h ~~ 1J ` ` . ~. r-~ -- -------------------------- - , 96.5 ss I I I !~u N o~ Z • r~ ,, ,, I sd,~~ SFO I \ I sQ ~ -9~~~Nc . ~-Eq~~~~NT ~ ~ ° <~ J Z~ J F \/ I ~ o~ \ J\ ~ • ~ \(1 ~ ~ o I zM J ~ ~' ss.5 I ~' ~ ss 11 O /O~~ "7 I t .. ~ ~~~ ~. J ~ ! ~ ~- ') a°~~ ~ SW CORNER y L ~ v / L 5~t~ ~'O OF LOT 3 /.\ `~!~' w ~ We hereby certify that this sketch, plop or report was prepared by me or under my instruction and N thot (am o duly Registered Lond Surveyor under the laws of the Stote of Minnesoto. l~ Dated this 13th day of August, 2002 L c SUNDE LA^rND~SURVEYING, LLC. i;.i BY •~Z~~~dZ1fz~~ _ _____ -~ Scott J. So~Q7(up, R.L.S. Minn. Reg. No. 17256 a v v7 REVISED: Se tember 28, 2004 p (Add line labels) REVISED: June !, 2005 (Revise) ~~-~~ • EXHIBIT C-1 (Access Easements over CSM Parcel) Easements for ingress, egress and access purposes over and across that portion of Outlot A, THE SHOPS AT LYNDALE, described as beginning at the Southwest corner of said Outlot A; thence on an assumed bearing of North 0 degrees 06 minutes 22 seconds East, along the West line of said Outlot A, a distance of 277.94 feet to the Northwest corner of said Outlot A; thence North 89 degrees 55 minutes 12 seconds East, along the North line of said Outlot A, a distance of 69.13 feet; thence South 13 degrees 35 minutes 26 seconds West a distance of 6.38 feet; thence South 0 degrees OS minutes 43 seconds East a distance of 217.67. feet; thence South 30 degrees 25 minutes 24 seconds East a distance of 11.63 feet; thence South 89 degrees 53 minutes 38 seconds East a distance of 9.90 feet to the East line of said Outlot A; thence South 0 degrees 06 minutes 22 seconds West, along said East line to the Southeast corner of said Outlot A; thence South 89 degrees 54 minutes 20 seconds West, along the South line of said Outlot A a distance of 84.22 feet to the point of beginning. (Depicted on Exhibit C-2 - 1 of 3) and Easements for ingress, egress and access purposes over and across that portion of Lot 1, Block 1, THE SHOPS AT LYNDALE, described as commencing at the most westerly northwest corner of said Lot 1;thence on an assumed bearing of South 0 degrees 07 minutes 35 seconds • West along the West line of said Lot 1 a distance of 9.65 feet to the point of beginning of the easement area to be described; thence South 49 degrees 09 minutes 19 seconds East a distance of 24.42 feet; thence South 89 degrees 52 minutes 25 seconds East a distance of 27.52 feet; thence South 0 degrees 07 minutes 35 seconds West a distance of 245.00 feet; thence southeasterly along a curve concave to the Northeast, central angle of 90 degrees O1 minutes 41 seconds, radius of 12.00 feet, a distance of 18.86 feet; thence South 89 degrees 54 minutes 06 seconds East a distance of 323.36 feet; thence North 53 degrees 55 minutes 35 seconds East a distance of 8.61 feet; thence South 89 degrees 52 minutes 42 seconds East a distance of 332.01 feet to the East line of said Lot 1; thence South 0 degrees 06 minutes 22 seconds West along the East line of said Lot 1 to the Southwest corner of Outlot A, said THE SHOPS AT LYNDALE; thence South 89 degrees 54 minutes 20 seconds West a distance of 11.28 feet along said East line of Lot 1, to the Northwest corner of Lot 5, said Block 1; thence South 0 degrees 06 minutes 22 seconds West a distance of 2.92 feet; thence North 89 degrees 52 minutes 42 seconds West a distance of 296.77 feet; thence South 80 degrees 53 minutes 59 seconds West a distance of 31.74 feet; thence North 89 degrees 54 minutes 06 seconds West a distance of 330:96 feet; thence South 0 degrees 07 minutes 35 seconds West a distance of 174.97 feet; thence North 89 degrees 52 minutes 16 seconds East a distance of 206.31 feet; thence North 86 degrees 59 minutes 54 seconds East a distance of 363.84 feet; thence North 88 degrees 59 minutes 40 seconds East a distance of 89.51 feet to the said East line of said Lot 1; thence South 0 degrees 06 minutes 22 seconds West along the said East line of said Lot 1 a distance of 24.55 feet; thence South 88 degrees 59 minutes 40 seconds West a distance of 116.31 feet; thence South 2 degrees 24 minutes 42 seconds East a distance of 22.61 feet to the South line of said Lot 1; thence South 86 degrees 49 minutes 57 seconds West along said South line of said Lot 1 a distance of 30.92 feet; thence North 2 ~C-CEO degrees 15 minutes 09 seconds West a distance of 22.28 feet; thence South 86 degrees 59 minutes 54 seconds West a distance of 305.47 feet; thence South 89 degrees 52 minutes 16 seconds West a distance of 257.02 feet to the West line of said Lot 1; thence North 0 degrees 07 minutes 35 seconds East along said West line of Lot 1 a distance of 503.11 feet to the point of beginning. (depicted on Exhibit C-2 - 2 of 3 and 3 of 3) • • E. NW CORNER OF Ot1TLOT A'~ i' , '' . r i i ry ~\ C~ i ~ J ~/ ~ /~~f • ~~ ` • ~~ _~ ~HIB~T C-. 2 ~~ ~F 3~ . 77TH STREET WEST .-----N89 55 !2 E 84.22 -- - ~- fig. 13 -- - `~ .~ ' , %% ~ { ~ ° , '~ NE CORNER 4. oa ' 30o I '~ i' `~ OF OUTLOT A W ~"' ~ O N7 NO t I ~ J ~ ~ + ~ i Z i? i i ~ f , ~ oa ( I ' I b I o i 30 I N ~~ ~ I I We hereby certify that this sketch, I plan or report was prepared by me or • under my instruction and thot I am o duty Registered Land Surveyor under I I n the laws of the State of Minnesota. I t~ Oated this 30th day of April, 2003 ~' ~ (N I SUNDE~ LAND SURVEYING, LLC. ~ ~, ~ l I W "~ B aQ~2~- Y j ~ ~ o I y Tl' Scott J. Souku R.L.S. ~+ Minn. Reg. No. 17256 REVISED M 14 2003 w ( ~` ~ : ay , (Sho W ~ ~ esmt. lines) REVISED: Se tember 2$ 2004 (Add ~ p , ° line labels) O REVISED: June I , 2005 (Bearing on east line) j/' ~ w o ~ z I I / a N Qo I tV ~ i 2 ' CJ u . ~ ° i T/ I i ~ E. LINE OF OUTLOT A i;i / r _ / /'1 ~ ~ I , / ~1 ~ ' / ~ /~ ,~ ~ ~ - ~ ~ ~ ~ ~ ~/ W M r /` / / a.~ ~ ,~ , ~ i ~~ CV ~ N i W O ~ ' ~ J o M ~~ "' °' ~ °i / ~, ~ i~ "' ~ ~ i f SW CORNER ~' ~ : ~ _ ~~ OF OUTLOT A . ~~ -- ``- S89 °54'2 "W 84.22 ---""- OF OUT!_OT A ~ ,Il ~- ~ ~~ ~ \\ ~'XBIB,17' C-2 (2 Of' 3J O tw ,so 0 T ~ N P INTERSTA TE Hip 700/-/58 818/5 T.18 R.?i SJJ 5/T 7001156£S1lTSR,Zd+y ..mss -_ - X ,.. ~-. m 't ~. %~~~~ j~ 0 n r u c w U urc oiNc .~.-~' ~ M N89'S4'O6"W ^ 330.96 ' ____ ~- '~ v .~ r-~ p ~ SED /NGRESS AND EGRESS EASEMENT SO. Fr N86'S9'54"E 206.J t ~ 363.64 N A 359. J.3 NO. 494 SKEET J OF 2 SHEETS ~~-~f3 ExNfgrr c-z (s aF ~1 NW CORNER SCALE: I Inch 60 feet SO°0622"W ~ ~ ~ LOT 5 ~.Y f ---- 2T1.94 ?g -•..•• : -•50°06'22"W 20.742 --•_,• we hereby urtlty thot thle eAetah, plan a, OUTICi n ~"•-- • I '', ry9ort woe prepared by m. ar undo my ~' ~r + e ~ ) Febuctton and tlwt 1 om o duly Registered r t = / /yT ~~~ ••~"1 ( Land Surveyor uMu ttw hwa of the State of ° MNnaota. ~ .•'~ _ i;~„' , . I ~, ~i i ~~ •, .` ~ Datsd thb 13tH day of Auqud, 20112 =3 qi i I ~ti f. UNE ~ ' t ,~ sutoe wro sutvenl+c, tsa p N ry• OF LOT i W ~~ M~ w r. ~ ~ Z N m ~ I r Scott J. p, R S. K f., h ~ Ylnn. Rsq. No. 17758 ~ U ~ ~ ;~W REVISED: April 30, 7003 (Revlae esmt. k lot (~ 3~ W Z I g ~cY IMea) N ~ ~ Y' ail REVISED: September 28, 2004 (Rerlae.weal ~ In 'f N iMe of Lot I) 31 ~ cV ~ylgp: ,tuns t. 2005 (Redea) n ~~ ~ ~ V Ji ~ i~ C 1 N ?` ! ~ ~` y ''I Y_ ~ ' w 1 ~ M W i 3o.sz-;~ ~ .~ ~ a ~ I ~ ~ I ~ 24 v ~ N I~ ~ ~ J I ~1 a N O m `" ~ s ~~ Z w '• ~~ ~,l ~ ~ ~ .~ ~\ y Y\` ~` 1 ~ ~.. z I c~~ ~J h 31 ~ ~~ ml I Q • ~ i,) ~ ~ ~ SHO°53'59"W O ~ h a to ---,/ 31.74 ~ 47 I mnr ~ ~~h I ~J 1 j ~ O C ~ + + ai} ~ ~ of \ . 4to ~~ ry ~~N r,` 3 ni ~y~ ,~~ 3I ,~~ O w~ °yy6\ n rn ~^ I ~ e N I ~ ~ } , ~ 24 1, ~ ~ W W ~ ; \t ~ ~ 3 f' ,~`~ Z \ '~ s ' ,1 ~ ~ (O 24~i ( N I: 1 (I ~ L^ ~ o \ ~ ( Z ~` N ~ ~ N . .. .. ... .. .... v ....... ~'..y......._ ..........~ ................................... ..~................._........~ .I...... ..... ...... ........ ................................ .. ... YdT1CE ~~ tD ( ... ~ ... m ih I ~ I ~~ \ I , '31 ~ 0 ? I 24 ~ II zoo/-/ss 6/6/S rze azt sar svr zao//setSUr~,req SHEET' ,Z OF 2 SHEETS • ~ c-~~ EXHIBIT D-1 (Access Easements Over SHOPS Parcel) An easement for ingress, egress and access over and across that portion of Lot 2, Block 1, THE SHOPS AT LYNDALE, described as follows: Commencing at the northeast corner of Outlot A, said THE SHOPS AT LYNDALE; thence on an assumed bearing of South 0 degrees 06 minutes 22 seconds West along the East line of said Outlot A, said line also being a West line of said Lot 2, a distance of 234.41 feet to the point of beginning of the easement to be described; thence North 89 degrees 54 minutes 00 seconds East a distance of 637.95 feet; thence North 0 degrees OS minutes 16 seconds West a distance of 218.63 feet; thence North 89 degrees 55 minutes 12 seconds East a distance of 32.00 feet; thence South 0 degrees OS minutes 16 seconds East a distance of 211.75 feet; thence South 69 degrees 09 minutes 13 seconds East a distance of 5.94 feet; thence North 40 degrees 56 minutes OS seconds East a distance of 34.01 feet; thence North 16 degrees 59 .minutes 53 seconds East a distance of 4.21 feet to the South line of Lot 3, said Block 1; thence North 89 degrees 54 minutes 20 seconds East, along said Southline of Lot 3, a distance of 28.75 feet; thence South 0 degrees OS minutes 40 seconds East a distance of 27.23 feet; thence South 89 degrees 32 minutes 42 seconds East a distance of 32.31 feet; thence North 0 degrees OS minutes 40 seconds West a distance of 27.54 feet to said South line of Lot 3; thence North 89 degrees 54 minutes 20 seconds East, along said South line of Lot 3, a distance of 28.17 feet; thence South 0 degrees OS minutes 40 seconds East a distance of 27.73 feet; thence South 89 degrees 58 minutes 58 seconds East a distance of 3.41 feet to the most • Easterly line of said Lot 2; thence Southwesterly along the most Easterly line of said Lot 2 a distance of 31.69 feet; thence South 89 degrees 58 minutes 2S seconds West a distance of 158.32 feet; thence South 0 degrees 11 minutes 02 seconds East a distance of 171.40 feet; thence South 86 degrees 45 minutes 45 seconds West a distance of 671.19 feet; thence North 3 degrees 10 minutes 03 seconds West a distance of 4.06 feet; thence South 88 degrees 30 minutes 00 seconds West a distance of 50.14 feet to the West line of said Lot 2; thence North 0 degrees 06 minutes 22 seconds East, along said West line of Lot 2, a distance of 24.52 feet to the southwest corner of Lot 5, said Block 1; thence South 89 degrees 53 minutes 38 seconds East, along the South line of said Lot 5, a distance of 95.24 feet to the Southeast corner of said Lot 5; thence North 86 degrees 45 minutes 45 seconds East a distance of 596.06 feet; thence North 0 degrees 11 minutes 02 seconds West a distance of 142.87 feet; thence South 89 degrees 54 minutes 00 seconds West a distance of 391.61 feet; thence South 73 degrees 23 minutes 04 seconds West a distance of 26.13 feet; thence South 89 degrees 15 minutes 23 seconds West a distance of 95.44 feet; thence North 85 degrees OS minutes 07 seconds West a distance of 29.44 feet; thence South 89 degrees 38 minutes 43 seconds West a distance of 45.03 feet; thence South 82 degrees 49 minutes 25 seconds- West a distance of 7.70 feet to said East line of said Outlot A; thence North 0 degrees 06 minutes 22 seconds East along said East line of Outlot A a distance of 36.08 feet to the point of beginning. (Depicted on Exhibit D-2) .,~,J ~ - ~C'~.~ 77TH STREET liif5'T `.. J - -"'- A N'LY LINE N89°55`l2'E 400.96 -------- ' < OF LOT 2 ;~ ~ o ~~ U ZO `C ~ N i ~ ~ F~ n 4 ~~ a Z< EXlSTJNC BU~ILD/NG Q F~ ~ ''o F J ~~ CJ .N ~~ n WW ~ Wo 2 ~ vo ~ ~~ H t ~ 1 hh~` ~ Q~4 r ~~ OF LOT 2 ', a~ `-'°--- N89'54'00"E ~ 637.95 --------- rn ~ N85'05'07'W ` `r ~ ~tt~• S89°5420"W' n 589'38'43"W _,29.44 ` ---- - - 9.550--- ~' •45,03- % _ __ ,.,...i;- --- ------. aW ,`, •• ~• Tom' 589'15'23»W ~_-1~ `-- 589'54'00"W 391.61 •---° lV ~, ------'-582'49'25"W `~ 95.44 f' :V h 27.98 ~ 3 ~ ' b nj ~~' N89'43'21 "W N ~ Y m ~ _ 7.94~Q -r°I N 2 -r-9j;.39---- m N ~i e~~,~~• ~£ ~ ~' PROPOSED INGRESS AND y °' 3 EGRESS EASEMENT C ~,' N ~ 54,9/5 S0. FT. ~-~ ~ ~ ti., ~ t ~a tV ~ ~ at tK~ ~`" ~ ~b ti L, c_ v ~. J t ~~ 589°5,~r38"~f/ SE CORNER ~~ 95.24 OF LOT 5 ` 596.06 --'------ ---- N86"45'45"E- ~------._-._-._-_.-- LOCb :y 24.52 N3'10'03"W--'.* --~-------- +--._---_.--- s .- aq~ :. ~, __ __ ._-_- _ _ : -'=^ 4.06 • 67{.19 --~------_ Z ~ 50.14 r-'------- --`-- S86'45'45"W ~ ^--- S68'30'00"W `_ '- 755.29 -----°--' ~- a s'LY LINE °----- 586'49'57°W OF LOT 2 78TH STREET WEST ----- ^~_ ,---- ~- --- ---- X m /NTERSlA TE HIGHWAY NO. :494 We hereby certlly that Chia sketdt, plan a repari wda prepared by me w under my ktstrvctlon and Ihot I ~ am a duly Raglaterad land Sruveyor render the Iowa of the State of IAlnneaota. ~ 11 Dated Ihls flth day of Auguat 2002 ~ I i Su1DE l.ANO SlA2VEYINC, U.C, _c aY Scoit J. oukup, .S. ulnn. Reg. No. 17258 4j REVISED: Aprl J0. 2001 (ftedse esmt. B lot lineaj ¢ REVISED: September 28, 2001 (Add lute. labalsj tVil REVISED: June I, 2005 (Rsdaej • a0111-f35 6!6/5 rza Ra+ s.zr , Svt aooi156£surar~,ap SHEET 1 OF 2 SHEETS • • ~xRtgrr p-z (z of z~ M H ~ O i\ 0 w (Z' 3 z 0 U Z D `; ~`~ '~ ~ ~, ~'~'•\h ~ .\ \ ; ~ ~ _ ~~ ~~-~f~ ~8 i nt o~ ~cceSs -- o COf•CflET ISLAND L YNDALE A ~E ~ DSO. y`SCALE: I Inch a so Feet I ~ it .~~ Q - ``\ .i !'' - - ,C a~3~ S ~ ~ so'as~a'~ ~q ~p !~ `, z c4' ~ . I+D'os'w'w ~t~` RC`s ~ e e LJI h~O N` N ~+ l a ~~ \~~'~ N a~ h ~a ~ Iro ~ V~ ~ ~ ~ ,,~'~ `r ! SOS' 0•E I ~ e ~ a ~\ '~ ~ II m I ~ ~~ NO°06'?2"E 193.75•--.:_•_. ;=;~~e ~ , NIO'S6'05'E_._ - ~~` IN ~ ?f ~ ,` , Qf -------__________s4.o1_ --- ~ ~ i" ~ ~ R~ ti _'_-• SO'05' 16"E 2! t.75 °~''~ ~'' 1°' ' h ~1 ~6'S:' VIA ~ e r r +~ ~• ~ -'- OOZ£ N N ~ ~~ND 09 58 n M 3»£I,so.sss I 6 ~, 3„Z I,SS.68N ~ I 66.39 e~ ~ ----- No'05'16'W 218.63-- -- '"RI' z~,l l ~1~ ,' WE ; "~ 171.40 '~ ~ ~~ ~-------- -- --, I ~~ =u Z I ~,~'~--NO.11'oz'w i 42s7 - '; I 1 -' ry W 29 I tr ; 1 24.5 I ~4 1 ~ ~ i Ctv I t ~ ~ ? 4r Ire v l I o ~ `! ~ I (} I f ~ 1 °~ j ti ~ ~ d I UI a l eo I ~ m `I ,~ w I I 3 ~, `t H W Z ~~ N I -~ ~~ ~ ~ ? ~ W ~ I W j~~{ ~ ~ ~ \ rn \ ~ ~ ~ ~ r; j I ~~, ~ ~ W I 1 < I 1 2 '~ `~+ I I ~~ ~ l l+ 0. 1 1- 1 I C ~ ~ a { , z m 1 1 I -'~ ~ 4 ~ I.. ~ o l I ~ w ~N ~ 1~ 1J ~ nl I ~ ,~ <o C7 Ig. O ~h I I~ f\ 2 ~ \ p 1 °' O °> I I v°°i C ~ -~ I ~h ' wl I al 1 z ~ o \ I 0 ZI 1 , 1~ / ~ / / I I I , ' v ~ ~~~ 29 I. 1, I ~ ~ 24.5 ' , `-., ~ . S73'23'04'W ~~~~ ~~~. 7001 /55 616 S GB ~~ ~G!? f R ~ \ ' 1 28.13 I 1 - / .?B .7 SJJ SYT ?Q7/I56£SM /7R,~0„p ; SHEET 2 OF 2 SHEETS (.(J ~ r EXHIBIT E-1 (Storm Sewer Easement over CSM Parcel) 20-foot wide storm sewer easement over, under and across portions of Lot 1, Block 1, THE SHOPS AT LYNDALE, 10 feet on each side of the following-described center line: Commencing at the most northerly corner of said Lot 1; thence on an assumed bearing of South 38 degrees 20 minutes 06 seconds West along the northwesterly line of said Lot 1 a distance of 14.20 feet to the point of beginning of the centerline to be described; thence South 54 degrees 31 minutes 17 seconds East a distance of 73.03 feet; thence South 62 degrees 31 minutes 56 seconds West a distance of 170.41 feet; thence South 0 degrees OS minutes 28 seconds East a distance of 148.01 feet; thence South 32 degrees 25 minutes 34 seconds East a distance of 157.78 feet; thence South 88 degrees 12 minutes 20 seconds East a distance of 248.92 feet; thence North 87 degrees 26 minutes 43 seconds East a distance of 115.95 feet; thence South 89 degrees 24 minutes OS seconds East a distance of 122.17 feet; thence South 43 degrees 03 minutes 22 seconds East a distance of 95.75 feet; thence North 6 degrees 46 minutes 07 seconds East a distance of 85.77 feet; thence South 85 degrees 15 minutes 56 seconds East a distance of 55.98 feet to the East line of said Lot 1 and there terminating. The exterior lines of said 20-foot strip are extended or shortened to terminate at the Northwesterly and Easterly lot lines of said Lot 1. (Depicted on Exhibit E-2) • • • • • ~"" ` 0 NW'LY LINE MOST N'LY CORNER OF LOT ! ~'XNIBIT ~-2 ' ~~ OF ,ZJ / OF LOT ! p \w!b S38°ZO`06`W _ _.. - ,,°`\`, 32.47' ° ~ O G=30°46`42'' R=!20 00 - ~ ~ - ~ ~, \p~ \ ~ ~ Q . . L=64.46 ~ ~ \~`- \ ~ ` ~ .~`.~~p ~ O N ~4 ~~ ~ ~ SB9'S5'l2"W ~" .~o~~ ~~ / ~86 - -61.00 - o• , ~ - ~~~ •°i` c,~6°~ 3 PROPOSED STORM ~~ ~~ x,2 SEWER EASEMENT X ~, o~ ~ ~ Di ~ '- - w `i II ' Ip ~ I. u I~ `-~! - W J Q ~ U 'I ~ .~ I4! ~ ~ IN I ~ to V b I ~~ fX/ST/NC c 8UlCplNC ~ ~ o~ \ ~ Z ~ \\ ~ ~ ~ \ \\p\v ' ~..__ 588 12'20'E 248.92 0 PROPOSED STORM SEWER ~t EASEMENT "F~ 26, 5E3 SO. FT. ~ zo C~ C~ ~~ O ~~ C J J v 30 ,o ~ ~~ 5. UNE N o. Of LOT t ~`'`-..`~~ --°-------- 359.13 ~~ N89°52`32"E •--= lNTERSTA~TE H/GHWA Y N4. 494 Tvar-rse' 6!6/5 7.TB R.2~ s.tJ Svl TGb/r56£SVflRJJ»y ~ $fjE~f I OF 2 S.FIEE'TS' ~~~~c~ ~'XXIBIT ~'-,2 (.2 OF 2~ I ~~ ~~~\ ~V~ I ~~; ~ c~:~cL~ 2Tl.94 ,~~ to ~'-•NO°OS22°E 203.42 N N `U~ ( f AN E'LY LINE OF LOT I ~ ~N I O! N6°6'07"E~` _ r ~ ; ~. ~ asa7 • ~ `~ - o t_ _ ~ ~ -o ~~~7 i/ /gyp ~O J /, rt'` // /i0~!t~•+1 W /p ~ • / kh 0h W p/'' y 01 +10 t0~ ~ I I W :,, I i l W oM t y ? ! I r ~ ~~I I ~ ~ ~ I I h~ • ill I I w °y` ''~°lo~ a~ G I ~ "' ;f tot ~ ah w II01 1 ~ ~ 1 t, Z v rnl I ~ ~.' N~;I I ~rr~ a ~_I I Z I f ~ ~J J I I I ~ 4r J ,~ m ;~to Ioi C~ \ ~ t ~`~ ~ y, I. I ~~ ~~ 1. f V j1010~ ~ ~ 2 U r , ~,~ CJ h 1~ I I ~ ION1I f V ~-\ t~ i rrt ,l, 1 tr^ IwlIl I ~n f I,- I ~~+J I~I 1 \<~ ~ ~~t~~ / • / / //~O O/ /-. ..a. ""_" i .,....1 t 1 I I 'I0lI0~ ~ f' f Sh .1_~. I ;Sys/'o 'p 1 / / / / // W ~ Z tWU ~J NO 1, a ' SCALE: 1 Inch 60 Feet ~rZ o y o-~ nj ~ cr ~ 0 v '~~ ~wc Zo J J W N O .~ Q to N~ W We hereby Certify 1ha`is sketch, plan ar «port wos prepared by me or under my Instruction and that 1 om a duly Registered Lond Surveyror ander the Iowa of the Slots of Minnesota. Dated this 13th doy of August, 2002 .................................................... . BY ....................................._.................. ScotoukuD, .LS. Mhn. Reg. No. 17256 O REVISED: April 30, 2003 (Revise esmt. & lot Unea) REVISEO: September 28. 2004 (Revise west the of lot I) RENSEO: June I. 2005 (Revise) SW CORNER Of LOT f W. LINE OF LOT I ^} TOO/-136 6/6/5 T.?B RSf S,xT SLi 7001136E'Svl/Nidry T ~, SHEET :Z OF 2 SIYEETS l ~ c- 5~ EXHIBIT F-1 (Storm sewer easement over SHOPS Parcel) 20-foot wide storm sewer easements over, under and across those portions of Lot 2, Block 1, THE SHOPS AT LYNDALE, 10 feet on each side of the following-described centerline: Commencing at the Southwest corner of Lot 3, said Block 1; thence on an assumed bearing of North 0 degrees 06 minutes 22 seconds East, along the West line of said Lot 3 a distance of 150.24 feet to the point of beginning of the centerline to be described; thence South 59 degrees 47 minutes 50 seconds West a distance of 43.70 feet; thence South 0 degrees 13 minutes 00 seconds West a distance of 54.68 feet; thence South 6 degrees 04 minutes 50 seconds West a distance of 133.69 feet; thence South 72 degrees 19 minutes 40 seconds West a distance of 191.16 feet; thence North 89 degrees 25 minutes 10 seconds West a distance of 357.28 feet; thence North 84 degrees 24 minutes 40 seconds West a distance of 195.07 feet to the West line of said Lot 2 and said centerline there terminating. The exterior lines of said 20-foot strip are extended or shortened to terminate at the Westerly and Easterly lot lines of said Lot 2. (Depicted on Exhibit F-2) • • (~ c~-~ I • / O 3 ••• ~~ k!~~ e ~ ~n zn ~,~q5~ 'a`,,hh ~5 ~ J O.: N r30~ ~% 30 ~~ 0~ p~~ z$ 0 122"f. ~ Q~ J2 - 193.75 --•. ' ~ * cr 50,24 sw cokA~ii - ~ ,p~ v`, ~~ OF LOT 3 o ~~ _~ =~-- aW ~1c ,''54.68' •-. c~.'~'~~~"~=- t~. 0' 13'00"VY-~ :Or4-sue-- "'~"~- Z C I~ \ ~ a r J ~` m I': ~ ~\ C] ~~ c~ -s 2 ol- ~_ 1:~ ~c CJ W w ~~ N ~ E- ~~ z -, ~\ \ A w'LY LINE QF LOT 2 NO °06'22 "£ 277.92 CORNER OUTLOT A /1 / I T/ /~ T AN E'LY uNE EXHfDIT ~ 2 ~1Q OF LOT 2 We hereby certify the! this sketch, pa pion or report wos prepared by me ~ 6'e C? ~ ~~ ~j e or under my Instruction and that 1 am a duty Registered Land Surveyor P @. ~ ?tea ,; ~ ~iy~?_-%0 ~ \~ undo the laws of the Stote of Minnesota. +~ `~~~ ~ ~ ~'• ~ F,1 Doted this f 3th doy of August, 2002 //1 A I.VJ ~ '~ , SONDE LAND SURVEYING, LIC. ~N0 , f1 °~ hry e~ ' By: r`- ~ Y"`- ~9 ~• ~' 1 6 Scot! J. oukup, R 5. . ~0.~ °~ Minn. Reg. No. 17256 ,,` REVISED: April 30, 2003 el W z ~ =WM ~ ~ 'REVISED: Moy 14, 2003 (Separate storm esmts } N >- ~~ REVISED: . September 26 ~,,, O N ~ Wo , Q"" , 2004 (Add line labels) -+1 +N ~ ~ tV / t REVISED: (R i June 1, 2005 I•. z = ~\ ~ ~ p VJ °~ ~ ~ ev se) °' f ~ ", O c ` I c 1 Q ~ ' ~ ~ 1 V SC o ` 1 ~ E vi v`) 1 ~ V f+ I I ~ O 4 ~ ~ ~y . -` ~ o~ f ~o II~~ aN ~ I' I ~ t ~ Q ~ ~~,~ 0 ~ T 3 J o y r^ r j ~ I N \~..JJ ~~ ` f I I U W ~ ~ ~_ ~~ ; 1 Q ~ ~ ~ a ° .. f' 1' Q , ~ O W Z_ JN 010 w 3 ~ f M1 -~ J W ' Q •t f` " 3 t o ' ,; ~ ~ ( : SO 06 22 W In _ r o .__.#-. z ° f . f' . -- /22.85 - ' io~ ~-~O ~' ~N h ~ h~ oi°j~ ~ f " ~ ,rJ~ ~~o~i ~ , ? l ~ y ~ h ~,l r ~~ .~..t n.; 4j~ f (Revise lot Ilnes) c.vJ r .72.50_:_- • • •,47.78 I / nr ~ NO °06 22 "£ R NO °06'22 IE' t zan!-JSa 6/6/S r.ze Flt s.u SCALE: 1 Inch ~ 80 Feet ll I .PVT TLblf56ESVT5AJdrg t 1 ~ c-~~. • EXHIBIT G-1 (Parking and Access Easement over SHOPS Parcel) A Parking and Access easement over and across those portions of Lot 2, Block 1, THE SHOPS AT LYNDALE, described as follows: Beginning at a point on the West line of Lot 3, said Block l,distant 1.54 feet North of the Southwest corner of said Lot 3 as measured along said West line; thence on an assumed bearing of North 0 degrees 06 minutes 22 seconds East, along said West line of Lot 3, a distance of 65.00 feet; thence South 89 degrees 54 minutes 20 seconds West a distance of 7.00 feet; thence South 0 degrees 06 minutes 22 seconds West a distance of 65.00 feet; thence North 89 degrees 54 minutes 20 seconds East a distance of 7.00 feet to the point of beginning. And Beginning at the most easterly northeast corner of Lot 2, said Block 1; thence on an assumed bearing of South 89 degrees 54 minutes 20 seconds West along the South line of Lot 3, said Block 1, a distance of 12.00 feet; thence South 0 degrees OS minutes 40 seconds East a distance of 28.26 feet; thence North 89 degrees 54 minutes 20 seconds East a distance of 5.17 feet to the most easterly line of said Lot 2; thence northeasterly along said most easterly line of said Lot 2 a distance of 29.08 feet to the point of beginning. And Commencing at the most easterly northeast corner of said Lot 2; thence on an assumed bearing of South 89 degrees 54 minutes 20 seconds West along the South lot line of said Lot 3, also being a Northerly line of said Lot 2, a distance of 36.87 feet to the point of • beginning; thence South 0 degrees 45 minutes 11 seconds East a distance of 28.10 feet; thence South 89 degrees 14 minutes 49 seconds West a distance of 36.50 feet; thence North 0 degrees 45 minutes 11 seconds West a distance of 28.52 feet to said south line of Lot 3; thence North 89 degrees 54 minutes 20 seconds East, along said South of line of Lot 3, a distance of 36.50 feet to the point of beginning. (depicted on Exhibit G-2) • ~~-~3 • ~'XH.IAIT G ,2 L YNDAL E A I/E. S0. ~8T ~` ~ MOST E'LY NE ''<1~03. II RFC` ,_..'_.,t., CORNER OF LOT 2 ., "--~~1o:,37s~" T ~ afi Sp ' ' ~ - --1 ',CP i-'28.26' ~`a I r\ ;' ~`~' n~ 50'05'40"E sym~. .~ N /~ SA. ~ ~D~. ~ ~ =2e.io r ~!~ N~ `SO'45'II~3 1 ` J Q~ Q~ O \QJ~ ~ r"^l j ~ ~ ~ 8.52 \ '. NO NO 45'I l"W h o. ~o o ^;? ,a~~~ ~~~~m v - `` ~ ;~ ? \ \ ~ F,f.~ ~~' ~~~~ ao w 'a n z fC J I7 J O y N w ~- ~; ' ra ~ ' ~ o C? O ` \~f J ~ \ aa o Zd "l ~ ~O U ~ ~~ ZI Q OOT 3ER ------- NO°0622`£ !93 75 •- OF . . - _ L 65.00 ~;. -- so~os'22'w --'-- - 65.00 '~~ 3 0 •`s * ti N ° I 455 SQ. FT. W h \~L :i 'y z "' y t ~ `Pm. o ~ ~$ ~ ... ~. ~ J ~~ `~~, ~,, T/ l/`- ^/ /n r ~ ~ T - ~ .~ EXIST/NG BLdLDlN6 We hereby certify that this sketch, plan or r ort was F and thot I am a duly Registered Land Surveyor under tt Gated tfiis 13th doy of August, 2002 SONDE L A ND SURVEYING, LLC. ~ n ~ By. _~^_ Scott J. Sed~kup, R.L.S. Minn. Reg. No. 17256 REVISED: September 28, 2004 (Add line labels) REVISED: June I, 2005 (Revise) NO 09 58 E l ~ in l n n / _r_ L _ / / V L~/-V L _ L_ SCALE: 1 Inch 30 Feet repored by me or under my instruction e laws of the State of Minnesota. [ j ~`- 86.39------ ~,~/ P ! rr ~c-s~ • EXHIBIT H-1 (Gas line easement over SHOPS Parcel) A gas line easement over, under and across that portion of Lot 2, Block 1, THE SHOPS AT LYNDALE, described as beginning at the northwest corner of Lot 3, said Block 1; thence Westerly along the North line of said Lot 2 to the point of intersection with a line distant 7 feet westerly of the West line of said Lot 3 extended northerly, as measured at right angles thereto; thence southerly, parallel with said West line of Lot 3 a distance of 25 feet; thence easterly parallel with said North line of said Lot 2 to said West line of Lot 3; thence Northerly along said West line of said- Lot 3 to the point of beginning. (Depicted on Exhibit H-2) • • I (~C-SS EXHIBIT H-2 ^ 77Tl-/ cTOCCT unrnr -N89 °55'l2 "E ~ WE S T 79 ________ J9D 95 '--•_ Ntv CORNER of LOT 3 7~ I ~1 PROPOSED GAS EASEMENT ~~ N I N 175 SO. FT. \ 7 I I \ 2 v _ 2 „~ £X1ST/NG BL9'LDINC l^^~ I\ ti O J ~~ ~ ~ ~ / / 1 ~' 2 J L. lJ / ui ~ ' ' S ~' ~ N ~ N ~ C, ad 1 1 i r 1 °' -\`~ ~~ N ~~ ~_ t ~~ ~J v~ J ,~f~ l ~ J ~ w J i ~ ~/ i • N t1 "~ We hereby certify that this sketch, plon or report was prepared by me or under my instruction and chat 1 am o duly Registered Land Surveyor under the Tows of the State of Minnesoto. Doted this 13th day of August, 2002 SUNDEQQLAN~~~~Djj(((((SURVEYING, LLC. Scott J. S6ukup, R.L. Minn. Reg. No_ 17256 REVISED: September 28, 2004 (Add line labels) REVISED: June I, 2005 (Revise) ~~ S89°5420"W /30.87 -..-.-._- A N'LY L/NE OF LOT 2 rL.11.; Sunde Land Surve 'n ~ I,L ~ ~- :~ ~, c. j a z u z a .- • • '~ n V1e hereby certify chat this sketch, plop or re ort wos under my insiruction and that 1 am a duly Registered LandoSurvc ornund th n y cr e taws of the Stote of Minnesota. s Doted this 20th doy of June, 2005 SUNDE LAND SURVEYING, LLC. w t Scott J. SdGkup, R,L. Minn_ Reg. No. 17256 7Lbl-/Sc 616/5 T,18 R.1~ S3J SiT 7W//saesvrso drg . EXHl~lT J ~ 30 Former West 77th. Street Access 77TH STREET wF~r I I • . , . .....y"... . Lunde Land curve 'fig, ~,~(;, 3> EXHIBIT .~ Parking Area Site Plccn 'i ft7STJNC 8U1C0lNC ! ~ T- -, ~~ ~, C~ `~ I _ ..~t~ - - ~J _ ~` ~~ -~ .~~~ ~ (\ ~ i, J i ~ ~~ ~ J ~ ~~ -c `~ 1 ~-' ~ v Z .~- ~ t. ~~~ ~~ i ~~ _ ~~ ,,,/.~-: AGY,~'SS: ~~ / \xrsr~NC ecrc~lNC X ~~ ;, '~ ~ -.i We hereby cerlify thot fhis sketch, plan or report wos prepared by me or ~°~ under my instruction and thot I om o duly Registered fond Surveyor under e the taws of the State of Minnesoto. r / Dated this 20th day of June, 2005 SONDE LAND SURVEYING, LLC. ~; ~ ~ N By. __ Seoll J. So Kup, R.LS. Minn. Reg. No. 1725E 7M/-i;.6 6/6/S T.TB RTC SJJ ."~%IT 7l'G//S6ESvTS/,dg • ;~ i Sunde Land Surve 1' ic~~ -~ g~ PLC. .EXHIBIT L City ~tltxintencznce ~4re¢ 77TH STREET WEST C • lJ •• - - •- - •ro,,J' . ~; :. 1', ` i :-~-• -•- . ~ 1 . ~ Jam"' ~~~ 4 _.-~-- ..----- _. J~ - t ~~ ~`t1~-' ~ r----, l i! I i i~ i t I l_ n We hereby certify that this sketch, plan or report was Denotes City prepared by me or under my instruction and that I am o u Maintenance duty Registered Lond Surveyor under the tows of the Stote r Area of fdinnesoto. U C _ Dated this 20th doy of June, 2005 St1NDE LANG SUF2VEYING. LLC. v N 8y^. __ Scott J. So up, R.L.S. fdinn. Reg. fJo. 1725G ' 7M/-I:~' 6l6J5 7.?E R,?! S. JJ Sul 700//=.dC..+~TJ2dp • AGENDA SECTION: CONSENT AGENDA ITEM # 6D REPORT# 195 J STAFF REPORT CITY COUNCIL MEETING JULY 24, 2007 • REPORT PREPARED BY: RANDY HUGHES, OPERATIONS COORDINATOR NaxE TITLE COUNCIL PRESENTER: DEPARTMENT DIRECTOR REVIEW: ~ (o° SIGNATURE CC.... REVIEWED BY CITY D MANAGER: p`^~ ITEM FOR COUNCIL CONSIDERATION: Consideration of payments to SEH for work done on the design development and bidding hase of the new Maintenance Facilit in excess of the on final a reement. I. RECOMMENDED ACTION: By Motion: Authorize payment to S.E.H. in the amount of $29,852.00 for additional time commitments to complete the design and bidding services for the garage and an additional $20,668.00 of reimbursable expenses associated with bidding, testing, and commissioning the • II. BACKGROUND -Since the March 13, 2007-bid opening S.E.H. and city staff have been working toward building the Maintenance Facility for 12.9 million or less. Presently, we have contracts with S.E.H. for $735,900.00 for professional fees plus reimbursables for the following phases of the project: • Pre-design and Schematic $151,900.00 • Design and Bid $452,000.00 + up to $80,000 reimbursables • Construction Administration $132,000.00 +reimbursables Total $735,900.00 072407sehgarage • The request for additional funds for staffs time and reimbursables associated with the design/bidding phase of the project are explained in the attached letter from Nancy Schultz. Even with these increases and anticipating an estimated, $20,000.00 i.n reimbur-sables in the construction administrative phase, at this time it appears that we will not .use the-full $840,000.00 budgeted for professional .fees or the full $130,000.00 budgeted for reimbursable expenses. (See attached Project Budget). Any funds not expended on these line items would be allocated to the contingency for the project as the project progresses. III. BASIS OF RECOMMENDATION A. POLICY • Expenditures in excess of $25,000.00 require council approval. B. CRITICAL ISSUES •' Redesign and re-bidding of parts of the project were critical in keeping total costs down. C. FnvaNClaL • 'There is adequate funding in the project budget for these costs. • These expenditures resulted in significant savings for the project: • ~ Redesigning the basement by eliminating. the ramp saved a minimum of $35D,000. Rebidding five of the bid packages saved $170,000. D. LEGAL • None. IV. ALTERNATIVE RECOMMENDATION(S~ •- Council may. choose to not reimburse S.E.H. for these expenses. V. ATTACHMENTS • Letter from Nancy.Schultz • Project Budget' VL PRINCIPAL PARTIES EXPECTED AT MEETING . •` Staff from SEH :: ,~~ ' ~~~~ • June 28, 2007 RE: City of Richfield Richfield Maintenance Facility SEH No. RICHF0701.00/01 10 SEH No. RICHF0701:02/03 10 City Project Number 41100 Invoice Number 1 Reference Invoice #0157122 Randy Hughes Department of Public Works -Maintenance City of Richfield 7700 Pi115bury Avenue Richfield MN 55423 Dear Randy:...- Please see the attached invoice for Predesign and Schematic Design Services for your new Maintenance Facility located at 1901 East 66a' Street. • Contract Amount $151,900.00 Including Reimbursables Current Fees 150,396.59 Current Reimbursables 1,503.41. Prior Invoice 115.560.87 Current Invoice Due $36,339.13 Invoiced to Date $151,900.30 Design Development, Construction Documents and Bidding Services of the new Public Works Facility located at 1901 East 66~' Street. Contract Amount $452;000.00 Plus Reimbursable Expenses Contract Lirnit for Reimbursables 80,000.00 Current Fees 484,720.09 Current Reimbursables 15,667.71 Prior Invoice 0.00 Current Invoice Due $452,000.00 .Invoiced to Date $452,000.00 As .shown in the amounts listed- above we have exceeded the billing limits on our agreement for the second phase, SEH No. RICHF0701.02/03, by $32,720 dollars. Included. in this amount is a cost. of $2,8b8 dollars for Al Everson's time to assist. with requests from your .Community Development 'Department .regarding site descriptions for your projects property. The remaining amount of $29,852 dollars. are added-expenses are due to a number of unforeseen time commitments required to complete the final design and bidding services for your project. A summary of the added services are as follows: Short Elliott Hendrickson Inc.,. 1200 2 5th Avenue South, P.O. Box 1717, St. Cloud, MN 56302-1717 SEH is an equal opportunity employer ~ wwwsehinacom ~ 320:22!4300 ~ 800.572.0617 ~ 320.229.4301 fax ,: ~~-a June 28, 2007 .Page 2 • In order to assure that thebudgets for your project did not exceed the amounts approved by the council for the two options, we needed to redesign the access ramp to the lower level when we discovered-that the sequencing of building the ramp to the lower level was driving up the cost of the project: .Amore advanced level of ramp detail allowed ns to realize what was occurring regardingahe ramp construction costs. Additionally; we discovered that the ramp was: consuming precious .real estate and the design would: be better served by removing the ramp and replacing it with a lift. Added. services to research the lift. options, .and redesign of the advanced level of .details, were a large portion of the overages we experienced on this phase of your prof ect. It became- apparent that- savings in the .$350,000 to $500,000 dollar range were viable .and thus changes to -the design were made. • MnDOT permitting, -.along with a quagmire of permitting issues involving multiple land jurisdictions of your project; also caught us short sighted on the time commitment to resolve all approvals needed for your project. Some of these permitting issues -- of which MnDOT is the most challenging -- are still ongoing and the amount of additional effort we will need to put these matters to rest remains a concern. • Due to the quality and he apparent high cost of the bids, the :rebidding of the plumbing, tile, gypsum, and roofing Grade contracts resulted in additional time spent to assemble the rebidding documents, at a savings of $170,000 for the project. We anticipated some rebidding costs in our original fee amount; .however, with the other added time we had already spent .our fee contingencies were used up. I haveattached the current total project budget, as you will see we will not be exceeding the budgets for reimbursables and professional .fees inclusive of the added services described above.. The reimbursable expenses that have not been billed to date will total in the range of $85,000.00 these are for printing costs associated with bidding, testing and commissioning expenses. We would greatly appreciate your consideration regarding these additional services, should you need any additional information or breakdown of the services we will forward these to you at your request. I attest that. the services and. costs herein invoiced are new- and no previous payment has been received for them. • Sincerely, Schultz Project Manager Duane Da , A A Architect sl: Enclosure: Invoice Reference #0157122 c: Paul Pasko, SEH - • P:\pt\r\ttchfl070100\7-ca\71-gent\71.4-con\71-41-own\invoice coverletter 051807.doc • Ci~Ly ofRichfield . New Maiintenance Facility Totat Proieet Budget Breakdown: 6-28-07 Description Building Cost w/ Sitework $1.0,520,730 Construction Contingency $ 764,270- Construction :Management Fee $ 295,000 Sub Total Construction $11,580,000 Professional Fees $ .840,000 Reimbursables $ 130,000 Voice/Data/Cabling in bids Owner Furnishings $ 250,000 :Property Acquisition $ 100,000 TOTAL PROJECT BUDGET $12,900,000 • ' ~~~ ~~~~~~ ir~t. .acf _ • STAFF REPORT CITY COUNCIL MEETING JULY 24, 2007 AGENDA SECTION: CONSENT AGENDA ITEM # 6E REPORT # 196 J REPORT PREPARED BY: NamrE Ti7zE COUNCIL PRESENTER: • DEPARTMENT DIRECTOR /~ REVIEW: "'~' REVIEWED BY CITY MANAGER: BARRY FRITZ, POLICE CAPTAIN ITEM FOR COUNCIL CONSIDERATION: Consider the purchase of 12 in-car video systems for Police squad cars. L RECOMMENDED ACTION: By Motion: Approve the purchase of 12 in-car video systems from Mobile-Vision, Inc. for police squad cars in the amount of $85,501, including sales tax and shipping. II. BACKGROUND In-squad video systems have been around for many years. They have proven to be valuable in apprehending motorists that have assaulted officers, serving as evidence in prosecuting chases and other crimes, and for liability purposes in law suits against police agencies. Richfield has not purchased these systems because the old VCR tape format required physical storage of the tape cassettes, and the tapes and recorders were not reliable due to extreme temperatures experienced in Minnesota. Now that the recorders are digital, this is no longer an issue. III. BASIS OF RECOMMENDATION For officer safety, evidence documentation and liability purposes, staff believes the Police Department would greatly benefit from the use of in-squad video systems. 0724 Purchase of Squad Video Cameras • A. POLICY • Police Command staff members viewed presentations from four vendors. Rough quotes were received from one and formal quotes from Mobil-Vision, Inc. and ICOP. Mobil-Vision, Inc. system was chosen because it was the system staff felt was best for our purposes. • Costs for the units were very similar from all vendors. B. CRITICAL ISSUES • The decision was based on which vendor would provide the best system for Richfield police use. C. FINANCIAL • The purchase of the video system consists of 12 in-car cameras and a DVM server, storage and distribution system, wireless access panels with external mounted antennas, a DVM backup/archiving station, software and training. • The total cost of the system including sales tax and shipping is $85,501. • The first $60,000 of this purchase will be funded through the General Fund Public Safety Department in the 2007 Revised Budget. • The balance of the purchase, $25,501, will. be funded by the Special • Revenue Drug Forfeiture Fund. • The purchase is under State contract #432508. D. LEGAL • None. IV. ALTERNATIVE RECOMMENDATION(S~ • The Council could direct the purchase to be included in the 2008 Budget. • Council may chose to take no action at this time. V. ATTACHMENTS • Quotation from Mobile-Vision, Inc. VI. PRINCIl'AL PARTIES EXPECTED AT MEETING • None • ~ ~-i • communications Mobile-Vision, Inc. Quotation • Richfield Police Department 6700 Portland Avenue South Richfield, MN 55423 Attn: Lt. Mike Koob P: 612-861-9811 F: 612-866-0297 February 14, 2007 Sales Rep: MH Quote Number:MP21407DEP2704(12) QTY DESCRIPTION UNIT PRICE AMOUNT 12 MVD-FBDVS Mobile-Vision In-Car Digital Video Recording (DVR) solution with: $4,997.00 $59,964.00 FlashBack'"" • Nite-WatchT'" Color camera with a 12X Optioal - 144X Digital zoom lens. Digital Video Recorder • Standalone Active Matrix Color 3.5" LCD Monitor. (DVR) • VoiceLink Plus'TM 900MHz DSS Wireless Microphone. • Overwrite Protection feature. • Wireless 802.11(8) LAN Card and Antenna. • 4G6 Flash Memory Card. • GPS Receiver and Antenna. • All mounts, cables and hardware. • 1-Year Factory Parts and Labor Warranty. (Installation not included -typically $200 - $275.) L-3 Mobile-Vision Digital Evidence Pro L-3 Mobile-Vision's Digital Evidence Pro Solution features Network access and viewing of evidence video. It provides the department with a centralized, secure cost effective method of storing and managing video files. Featuring search capabilities via various "Key Data" including: officer name, vehicle, date, time, etc. Case file creation "Rich Media" support (digital photo's, digital audio, documents, etc.) extended case "Key Data" search. Secure chain of custody with user profiles and access rights. Provides fast search, retrieval and copy capabilities. Allows for playback of videos with "VCR like" on-screen controls and easy exporting of video to portable media. Fully supports wireless download from the Flashback'" recordervia 802.11 (g) standard. 1 MVD-DEP2704 DVM Server, Storage & Distribution System $12,475.00 $12,475.00 Dell Server: Dual 3GHZ, 1 GB RAM, 1.0 TB RAID 5 configuration Mobile-Vision Digital Evidence Pro Software Redhat Linux Op Syst / Postgresql Database DVD-Rom, Floppy, Monitor, Keyboard, Mouse Power Connect Switch 10/100/1000 (Add $345 to the price for a Rack Mounting Configuration) 2 MVD-8675-EX Wireless Access Pointw/External Mounted Antenna $660.00 $1,320.00 802.11 (g) Wireless Access point Antenna and Cabling 1 MVD-DVD/BU DVM Backup/Archiving Station (optional) $2,984.00 $2,984.00 Dell GX 280 Celeron 325, 256 MB 80GB SATA/NTFS Prime~a Bravo II DVD writer /printer w/50 DVD capacity & admin workstation Windows XP Op System/DVD+R/RW Mobile-Vision DVD Archiving Software 100 pack: white printable DVD-R media 1 MVD-UPS1000 UPS 1000 VA (OPTIONAL) $340.00 $340.00 1 MVD-DEP-BT2 Software Configuration/Training $2,850.00 $2,850.00 System build out and configuration plus 2 days (on site) training Note: Pricing does not include physical installation of the antenna or any network wiring. Sub TOtal $79,933.00 Delivery: 90 Days or Less ARO Shipping 3350.00 Credit Terms: Net 30 days Total $80,283.00 Please contact Mark Pavlak at 800-336-8475 X 128, if you have any questions. 90 Fanny Road, Boonton, NJ 07005 Tel: (800) 336-8475 (973) 263=1090 Fax: (973) 257-3024 www.L-3com.com r ~..J AGENDA SECTION: CONSENT AGENDA ITEM # 6F REPORT # j9] ~~' STAFF REPORT CITY COUNCIL MEETING • JULY 24, 2007 REPORT PREPARED BY: BETSY OSBORN, SUPPORT SERVICES DNISION MANAGER NAME, TLTLE COUNCIL PRESENTER: DEPARTMENT DIRECTOR REVIEW: REVIEWED BY CITY MANAGER: ITEM FOR COUNCIL CONSIDERATION: Consideration of a request for a new taxi license for Black & White Taxi, 1352 Maynard Drive East, St. Paul, MN. I. RECOMMENDED ACTION: By Motion: Approve the request for a new taxi license for Black & White Taxi, 1352 Ma Hard Drive East, St. Paul, MN. II. BACKGROUND On June 28, 2007, the City received an application for a new taxi license for Black & White Taxi. The application is complete and all required fees have been paid. At the present time, there will be five (5) licensed vehicles. The Public Safety background investigation has been completed and reveals the following: i Mastafa Elme and Ali Buihan are the owners of the business. Neither of these individuals has any known criminal record. 0724 New Taxi License for Black & White Taxi The certificate of liability insurance has been submitted showing National Casualty • Company affording the coverage. At the present time, the number of vehicles that will be operating in Richfield will not exceed five. However, there is a possibility new vehicles could be added. The applicant has supplied the information regarding the make, body style and year of all vehicles to be operated by the applicant. The applicant also agrees to supply this information for any added vehicles in the future, as well as pay additional fees for additional vehicles making pick-ups within the City of Richfield. III. BASIS OF RECOMMENDATION A. POLICY • The applicant meets the standards that are contained in the City's ordinance. B. CRITICAL ISSUES • Five vehicles are currently listed on the application to be licensed as a taxicab; therefore, no additional vehicles will be allowed to pick up patrons in the City without first obtaining the appropriate license. Future vehicles.could be added to the license, providing that the • proper paperwork has been completed, fees paid, and proof of current liability insurance submitted. C. FINANCIAL • N/A D. LEGAL • N/A IV. ALTERNATIVE RECOMMENDATION(S~ • Deny the request for a new taxi company license for Black & White Taxi. This would mean that the applicant could not pick up fares within the City of Richfield. V. ATTACHMENTS • None VI. PRINCIPAL PARTIES EXPECTED AT MEETING • Mastafa Elme, Owner/Operator • Ali Buihan, Owner/Operator • AGENDA SECTION: PUBLIC HEARINGS AGENDA ITEM # 8 REPORT # 198 ~~ STAFF REPORT CITY COUNCIL MEETING • JULY 24, 2007 REPORT PREPARED BY: COUNCIL PRESENTER: DEPARTMENT DIRECTOR REVIEW: REVIEWED BY CITY MANAGER: MELISSA POEHLMAN, PLANNING & ZONING ADMINISTRATOR NAME, T/TLE ITEM FOR COUNCIL CONSIDERATION: Public hearing and second reading regarding a Transitory Ordinance to vacate an alley ad'acent to 6548 15th Avenue. RECOMMENDED ACTION: Conduct and close the public hearing and by motion: Approve the attached Transitory Ordinance vacating an alley easement adjacent to 6548 15th Avenue. • II. BACKGROUND • In 2003 the City approved a building permit for a new garage at 6548 15th Avenue. • In 2006 EI Jalaperio Market, located just south of the above-property at 1430 66th Street East, was required to obtain a survey of their lot. At that time it was discovered that the land immediately to the north of EI Jalapeno was owned by the City and dedicated as alley. The recently constructed garage at 6548 15th Avenue had been built in the middle of said alley. • City policy does not require a survey for all building permits. Surveys are required when proposals approach property lines and setback distances are in question. 072407 - 2nd reading alley vacation • Aerial photographs indicate that this alley has been used as a private drive since at least 1994. Photographs indicate that a combination of vegetation and • fencing had been used to block the alley from through traffic. • The current property owner (Mr. Justin Omlie) purchased this lot in 1997 under the assumption that his property abutted the commercial lot to the south, not an alley. • It is the responsibility of the homeowner to verify the location of property lines; however, the City also failed to notice the existence of the alley when the building permit was issued for the garage. • Staff and the adjacent property owners had initially considered vacation of the entire alley between 14th and 15th Avenues; however, the western half of the alley provides the only access to the garage at 6539 14th Avenue. Vacation of the alley would not allow a wide enough turning radius for a car to enter the garage; therefore, there is a continuing public need for this portion of the alley. Petition for the vacation of this half of the alley has been withdrawn. • Adjacent property owners will continue to maintain this portion of the alley, as has been the case for the past many years. • There is a city-owned water main running down the center of the alley. • Both Comcast and Xcel Energy have overhead lines running down the center of the alley. III. BASIS OF RECOMMENDATION A. POLICY • City Code Section 820.05 states that the Council "shall by resolution acknowledge receipt of any petition. The Council shall also set the date for a public hearing..." • On June 26, 2007, the Council approved a resolution acknowledging the vacation petition and setting the date of the public hearing for July 24, 2007. • When an alley is vacated, the ownership reverts back to the abutting property owners. B. CRITICAL ISSUES • The public has not used this alley since at least 1994. • It is the responsibility of the homeowner to verify the location of property lines; however, since the City granted the permit there is some responsibility on the City's end as well. • The Hennepin County Registrar of Deeds and Titles and public utilities received notice of the proposed right-of-way vacation. Both Comcast and Xcel have identified that they have above ground facilities within the proposed vacation area. • The Public Works Department has determined that afour-inch water main runs through the alley and underneath Mr. Omlie's garage. • The main serves as a service line for two properties: 6548 15th Avenue (Omlie) and 6539 14th Avenue (Los Gallos). • In light of the City's responsibility in issuing the garage permit, the Public Works Department has agreed to cap the. main at the service line for each property and repair the disturbed areas. The City will offer aone-year warranty on the repairs made to Mr. Omlie's driveway • at 6548 15th Avenue. • Service for 6548 15th Avenue (Omlie) will be capped 56'-4" from the front property line. • Service for 6539 14th Avenue (Los Gallos) will be capped at 61'-6" from the front property line. • Utility and drainage easements must be maintained in light of Xcel and Comcast facilities and the portion of the main leading up to the cap on each property. • Normally a 10-foot easement is retained (5-feet on either side of the utility in question); however, a 5-foot easement north of the centerline encroaches into Mr. Omlie's garage. • In light of this: situation, the City will retain a 10-foot easement up to the water main cap at 6548 15th Avenue (Omlie) and a 7-foot easement (5-feet south of the main, 2-feet north of the main) for the remainder of the length of the vacated alley. • Xcel and Comcast have agreed that this situation is acceptable to them. C. FINANCIAL • The processing fee for a vacation has been paid. • The City has agreed to pay for the capping of the water main and for • any repairs to the disturbed area. This work will be guaranteed for one year. This solution is acceptable to staff and the property owner. D. LEGAL • Notice of this public hearing was published and mailed in accordance with City and State regulations. • The City Attorney has reviewed the proposed ordinance. Vacation of the alley will be effective 30 days following publication of the ordinance. IV. ALTERNATIVE RECOMMENDATION~S~ • Do not approve the vacation of the alley adjacent to 6548 15th Avenue with a finding that there is a public need for the alley to be maintained. V. ATTACHMENTS • Transitory Ordinance • Surveys. • Proposed cap locations • Zoning & land use maps VI. PRINCIPAL PARTIES EXPECTED AT MEETING • Justin Omlie, owner 6548 15th Avenue 8-I BILL NO. TRANSITORY ORDINANCE NO. AN ORDINANCE VACATING AN ALLEY EASEMENT THE CITY OF RICHFIELD DOES ORDAIN: Section 1: The following described land is subject to an easement for public alley purposes: Alley directly adjacent to Lot 9, Block 4, Nokomis Gardens Rearrangement of Block 1-5 Girard Parkview, Richfield, Minnesota. Sec. 2: The City Council has determined the petition for vacation to be adequate by Resolution No. Sec. 3: There is no public need for an alley. easement over that portion of land, as described in section 1. Sec. 4: There are existing utility lines within a portion of the land described in section 1, and there is a continuing need for an easement for utility purposes. • Sec. 5: The vacation shall be subject to a drainage and utility easement five feet in width on either side of the center line of the alley, as described in section 1, with the exception of the area described in section 6. Sec. 6: The vacation shall be subject to a drainage and utility easement of five feet in width south of the center line of the alley and two feet in width north of the center line of the alley from the point of the water service line connection to the water main, located 56'-4" from the front property line, extending to the west property line of Lot 9, Block 4, Nokomis Gardens Rearrangement of Block 1-5 Girard Parkview. Sec. 7: Upon the effective date as provided in section 8 below, the alley easement over that portion of land, as described in section 1 of this ordinance is vacated, reserving, however, to the public an easement for drainage and utilities with right of entry to maintain, repair, replace, remove, or otherwise attend to said drainage and utilities; provided that the utility shall promptly repair any damage resulting from such maintenance, repair, replacement, or removal. Sec. 8: The vacation of the alley easement is effective 30 days following publication of the ordinance. • ~ Sec. 9: 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. 072407 - 2nd reading alley vacation ~~ Sec. 10: Staff is directed to ma~e technical revisions to the legal description • as may be required to allow recording of the certificate of completion as described in section 9. Passed by the City Council of the City of Richfield, Minnesota this July 24th, 2007. Debbie Goettel, Mayor ATTEST: Nancy Gibbs, City Clerk r~ U • 1 O O R• o• ~~~~~~~ o ~~~$ ~~ ~ e s ~~ a ~a ~~~~~ ~~~~~ ~~~'~~ ~ _~ ~ ~~~~~ ~~~ ~ ~~ ~ ~ ~ ~ ~~~~~~~ ~ ~~~~ ~3 T$ ~ ~3 ~~~~g~ ~'~~'~ ~ ~~°g 0 N n o 'o ~.~--z-~.-- ~~ a ~J1' -t s J _ a 3 ~ N ~ ~ ~~a ~gN A ; ~ 0 p C \/ i ~ ~ N N - n 34, S$ ~ - ~~~ 4 6 R ~~N ~~ a ~ ~ ~ ' g ~~ a ~~~ ~# ~ ~ ~ ~ ~~, m g $:~ a aa~ 0 ~~ ~ i~ ~~ ~ ~ Z ~A ~~ ~N g N i sQ ~ Y. ~ <8 n g_ 3 ~3'~~3 ~ ~ p ~ ~ ~ ~ a° . a? $ a 33~~33~ - 6 g ~~$ 5 Q2 3~ ~~~ S ~ s a s ~ 6 ~ ~ a ~~~ ~~ axa ~$ 3. ~y 3~?~ ~ff~ S ~~ ~ a ~~ ~_ ~q ~. o ~ ~~ ~o aaa~ a ~~„ a ~ ~ .~s S ~ ~ ~ ~ ;Q~ ~~ ~ ~~~ ~x ~ ~ ~ P ~q ~ ~~ ~ ~ C - ~_ ~ ~~~ 0 ~ O +1 ~ ~~ C ~ ~~~ .i ~ p i, ,yY t 3 a 2 GN O~ S e . Q 3 G C a ~ n 4 ~~»~ ma T~x ~ ~ 9 X ~ ~' ~ ~ ~ ~ s p q "^ ~ O ~ ~ e a t~i c ~~'~ ~ o 0 0 ~ C S n~ S Q C 'L 2 ~c a ~~ 0 1 ~ 1 ~'~r f N O .-. o z '~ o r~ a v N 0 0 '-d x C~ r' coo o'~`~ ~ n ~ ~~ .n-e. O ~ M ~. ~~ o•b ~ ~ ~ ~. w ~ n ~ ~- C~ ~' ~, n b ~„".,H ~ o ~ y ~ N°-n Q• o b .a o ~~~ ~ ~ ~ ~~ ki M A+ ~• CD O a 0 r n O H °z ~~ • ~, d ~ ~ ~ O ~ ~ O ~ r-r C- ~ ~ N d ~' CD ~' 6' oa r (~ a.. (D ~t ~O N W !D ti ti A -°~ ..L i A r. co ~ o~ o ~' o~ o~ ~~ 1I2 S 00°02'51" W --56.A5-- ~ - - C ~'l~ § X . ~, Z 0 E Z ~- -~- - 'w 'o ~~ o o~ n ~ 0 7y x o v~rn cu N~ v~p ~ ~O ~ o ~ ~ via ~ ~ ~ ~ o ~' O ~ o O ~ o ~ f1Q ~' „ ~..~.~ UQ `~ W x d ~ ~' [D ~ ~' ~t o O O rn ~ 0 ~ .... ~ ~ Cn, G ~,L~* N ~ ~ t~i~ (JQ ~ O~'i r~ O ~~CD~¢-off' °~,d ~~ o ~ ~ ~' ~ ~ a ~ ~ ~ N. v~ ~ .-+ n fs. ~ ~ ~ o ni O (D ~ "~' 'y. ~ ~ ~ n rr ti ~ rC ~''~_Io a ~ a.~ ?' a coo ~. ~' ~ ' o r+ ~° ~ ~ b ~ ~~~~~~a O ~ ~ n `C ~ ~ ~ ~ ~ ~ o ~ ~ ~ ~ ~ cn ~ ~ Q" O' CD ° CD °- ~ ~ Q. °° ~ ~ CD ~ ~ ~ ~ o ~:~ x ~ ~ ~ ~ o 0 c~u ~ o ~ ~' co ~ td ~' _ ~ r x• ~; v, ~ ~ ~ ~ N ~ N N O O ~ ~ ~• 7 ~ ~ ~P p r~ !~-~ ~ ..-. O ~ ~, ~(~D ~" ~ W ~ ~ cD ~ ~ ~ ~• ~ ~ ~ r~.~ ~ ~. O rat ~~-t CD (D ~ ~ ~+ ~ ~ rn ~ d O `~ ~"~ N z N o 0 rn d d '~ N ~' N O 0 Q1 a cn O O ~ ~. cu 0 ~7.' w ~~ w -~ 011 'b 0 c~ N J ~P v O~ -P ~7 >C N J -P 00("1 N rn J ~ .~+ s rrp 0 rn 0 W rn N rn N N .A O N N 00°11'26" E s i~ Proposed. Alley Vacation June 2007. ,.. ,. ~ . ' R -Single-Family Residential N C-2 -General Commercial 0 60 120 240 360 480 Feet Parcels adjacent to alley Proposed Alley Vacation June 2007 .. ,. .. . ' RES -Single-Family Residential N COM -General Commercial 0 60 120 240 360 480 Feet Parcels adjacent to alley ~~ AGENDA SECTION: PDBLIC HEARINGS AGENDA ITEM # 9 REPORT # 199 STAFF REPORT CITY COUNCIL MEETING JULY 24, 2007 REPORT.PREPARED BY: CHRISTINE COSTELLO„ COMMUNITY DEVELOPMENT SPECIALIST NAME, TITLE • COUNCIL PRESENTER: DEPARTMENT DIRECTOR REVIEW: REVIEWED BY CITY MANAGER: ITEM FOR COUNCIL CONSIDERATION: Public hearing regarding approval of the preliminary and final plat for the Shops at Lyndale develo ment. I. RECOMMENDED ACTION: Conduct and close a public hearing and by motion: Approve a resolution granting preliminary and final approval of a subdivision for the Shoas at Lvndale development. • II. BACKGROUND CSM Investors Inc. (CSM) is requesting approval of the preliminary and final plat for the Shops at Lyndale development, which is in the southwest quadrant of 77th Street and Lyndale Avenue. The plat proposes to combine 34 lots into an area that will consist of five lots and one outlot. Reducing the number of lots will ensure an accurate legal description of the property. The principal lots are occupied by Sports Authority, Best Buy, Pet Smart, Babies "R" Us, David's Bridal, Land's End Outlet, and Borders Bookstore in additional to a number of other retailers. The remaining lots will be occupied by Richfield Liquor store, Einstein Bagels/Boston Market and Don Pablos restaurant. 072407-Shops at Lyndale Pre and Final Plat On May 7, 2007 the Richfield Housing and Redevelopment Authority (HRA) sold to CSM Emerson Avenue from vacated 77th Street to 78th Street to CSM. The HRA • approved this sale on October 18, 2004. Since the sale has taken place the City proceeded with the vacation of Emerson Avenue. On June 12, 2007, the City vacated the street right-of-way of Emerson Avenue. With the vacation completed, CSM can seek preliminary and final plat approval for the Shops at Lyndale development. III. BASIS OF RECOMMENDATION A. POLICY • The necessary easements are established in the plat and in the Drainage and Utility Easement and Water-Main Easements Agreement, and the Utilities, Parking, and Access Easement Agreement are conditions of preliminary and final plat approval • The Building Setback Declaration, which the City requires from CSM is to ensure that portions of the newly created lots are free from buildings in order to comply with the fire protection ordinances and building setback requirements of the Uniform Building Code of the City. The completion of this form is a condition of the preliminary and final plat approval • CSM has until December 31, 2007 to plat and record the Shops at Lyndale. B. CRITICAL ISSUES • MnDOT and Hennepin County have been given the State mandated • 30 days to review the proposed final plat and both have approved the plat as proposed. • Approval of the Grit Chamber Agreement, Drainage and Utility Easement and Water-Main Easements Agreement, and the Utilities, Parking, and Access Easement Agreement must be approved before the preliminary and final plat can be approved. (The approvals of these agreements were earlier agenda items at tonight's meeting). C. FINANCIAL • Combining the lots will allow for easier property assessment. D. LEGAL • Notice of the public hearing was published in the Sun Current on July 12, 2007. • Legal counsel has reviewed the resolution and the Shops at Lyndale plat. TERNATIVE • Approve the nnai plat witn revisions. • Do not approve the final plat. I V . ATTACHMENTS I • Aerial map • The Shops at Lyndale plat VI. PRINCIPAL PARTIES EXPECTED AT MEETING • A representative from CSM Investors, Inc. • RESOLUTION NO. RESOLUTION GRANTING PRELIMINARY AND FINAL APPROVAL OF A SUBDIVISION FOR CSM INVESTORS, INC. AND THE SHOPS AT LYNDALE PROJECT. WHEREAS, CSM Investors, Inc., ("Applicant") has requested preliminary and final approval to combine and subdivide several tracts of land located generally south of 77th Street and north of 78th Street and west of Emerson Avenue and east of Lyndale Avenue; in the City of Richfield; and WHEREAS, the proposed subdivision is to be known as THE SHOPS AT LYNDALE; and WHEREAS, the proposed plat has been reviewed by the Minnesota Department of Transportation and comments from the agency have been received; and WHEREAS, a public hearing was held on the proposed preliminary and final plat THE SHOPS AT LYNDALE on Tuesday, July 24, 2007 at which all interested persons were given the opportunity to be heard; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield, as follows: 1. The proposed plat of THE SHOPS AT LYNDALE satisfies the requirements of the City's subdivision • 2. Final approval is granted to the Applicant for the plat THE SHOPS AT LYNDALE, subject to the following conditions: 1. The applicant must execute and deliver to the City an agreement, in a form acceptable to the City, for maintenance of the grit chamber located at 77th Street West. 2. The applicant must record the Drainage and Utility Easement and Water- Main Easements Agreement, and the Utilities, Parking and Access Easement Agreement as approved by the City Council. 3. The applicant must execute and record a Building Setback Declaration in a form acceptable to the City, for the purpose of satisfying city building and fire code requirements with .respect to Lots 1, 2, 4 and 5 Block 1. 4. The Applicant must file the final plat with the Hennepin County Recorder or Registrar of Titles, within six (6) months of the .approval of this resolution. 2007. Adopted by the City Council of the City of Richfield, Minnesota this 24th day of July, Debbie Goettel, Mayor ATTEST: • Nancy Gibbs, City Clerk 072407-Shops at Lyndale Pre and Final. Plat q-( • 'Z s° m F n~ ~r ~D O D N-~ Z c S D Ul -~ Z C N D w~ Z w N D m y o° Ul c'1 Z C O O O~ A C O ~ D Z A~ D ~ R Z m~ x 0 mm -~ ~ -arr D O rt Z N x 0 A J E~ J J D Z vm D D x= Z Ulm D m z~ m J Z O O S c Z o~ z o T `<m z E 'm ~ t D o ~~ 0 ~~ 0 ~z o dy 3 ~ o a,~,tn~3 v ~ v m ° m ,,. ~ t D ,.m y o ° rt D ° ao h O ~ Jrt o <~ v f°~ s °.m v m o m s?° v c m ~m v ,'° m °, m ~ m `~ y C y C ~ J O S =~ O~O O C m 7 tOm O Z rt v Z ~ J O m rt v N O AS j 0 l ~? Ol ~ O m SS (D O y rt rt a = C O a 0~ WS ~ S N.N N O m~ AS 1 a ~O rtT O m .-~ O y a m ~~ y A J iO O ON < Q d m (n C O y ~' O A m O wOO ~ rt ~ ~ , m (T m - COO j XA aUl ~O t O O C O ~ N N N y.Y~ D QD• •( rt f°. O S S O M < ~~ S< m OSrt O ~ SS O -~O ~O , ..' 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O Om N~ ~- N pW ~~ OA N ~O VO ~O E NO DO rt ~ ~ S 0 ~ W m l+ ~ N m N n m m 7 j 0 rt Stp O J ~ .m+ ~ ~' a O NO C m O."~ ~' A 6 "'C S O. m A A N O N m N O O S~ V N V rt O ~ m S y S ~ M N tSD ~ J _ O U `"' - O ~ ~ ~ (JD ?^ o "' V O N~ .E-i• m ~ i+y N~ O Nrt a COQ N m 0 f m O O m ,y.` N P~ .+ N n O m O •~ ~ m O W .y-. ~ m m D O O O ~~ ~~' ti, N.. m m .. y ~ O ~" OOrt ODrt S m O N.y. w.yi Z. O S N C Sy t D d C m O ~D C .y.S ~ S ~N QO ~ tOw NO A ~ S Am O A J t0 J~ J O m m S m n m ~ . i - m y J d O ~ mO C m~ n S J m dm Oi. T7> ~ m C n•' - A t! W O ~ mS Op t0 m y N D M0 ~'S.QNt C J m C O a m n 0 m« y pn .Z O - 0 O r rt O lD m~ 'O a0 O~' ~ ?p ~» C J t0 ~ m _~ y ~ ^' . « W N ~t0 t0 rt a m~yO~ O cO J.+ -n m % o a N -O+. yr. m m s W O l N(N m.+ 00 O SO Am O ~ ° O O . Ulm - ~ C ' - l0 p, O J _. OC O w J? 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SO°0/'33"W ~' l99 7/ r~ RDrI + ~ ~V o~ 3 O : , I , ~~ ~~ N ~" S89 54 20 W N m ~I NO°01'33"E ~/I ~ ~ ~~~ 22.34 L_ / /AV LJ/'IL_L_ " FAA Z Z o las.oo ~, ~ 0 ~ _ - E. LINE OF THE SE I/4 it I /r- Z \ OF SEC. 33 /"l V L_. v~. O m ~ o ~A ~' REVISEn AGENDA SECTION: PIIBLIC HEARING AGENDA ITEM # 1 REPORT # 2O0 r u ~' STAFF REPORT CITY COUNCIL MEETING • JULY 24, 2007 REPORT PREPARED BY: MELISSA POEHLMAN, PLANNING & ZONING ADMINISTRATOR NAME, TITLE COUNCIL PRESENTER: .~ DEPARTMENT DIRECTOR REVIEW: SIGNATURE REVIEWED BY CITY ~ , MANAGER: ~ ~~ ITEM FOR COUNCIL CONSIDERATION: Public hearing regarding an amendment to the Comprehensive Plan for the construction of the 66th Street and Portland Avenue roundabout and the sale of excess ri ht-of-wa . I. .RECOMMENDED ACTION: Conduct and close the public hearing and by motion: Approve an amendment to the Comprehensive Plan that would designate. property at the northwest corner of 66th Street and Portland Avenue as medium density multi-family residential and property at the northeast corner as community commercial to the north, and park to the south. • II. BACKGROUND • On October 25, 2005 the City Council approved the design for a roundabout at the intersection of 66th Street and Portland Avenue. • In connection with the intersection project, the City acquired the properties at 6544 & 6545 Portland Avenue (the current sites of Mr. Tire and BP Amoco). • A portion of each site will be needed for right-of-way and the remainder of each site is excess right-of-way. • The City also needs to acquire right-of-way for the intersection project from the Morris Nilsen Funeral Chapel (6527 Portland Avenue) and the Victoria Manor Apartments (500 66th Street- East). 072407 66th Portland CP Amendment • City staff is currently engaged in negotiations with both Morris Nilsen Funeral Chapel and Victoria Manor to exchange excess right-of-way from the adjacent corner parcels for the right-of-way that will be needed from. Morris Nilsen and Victoria • Manor. • In order to allow Morris Nilsen and Victoria Manor to use the parcels for commercial and apartment use, respectively, the Comprehensive Plan must be amended. • The Comprehensive Plan currently :designates 6544 Portland Avenue for continued "community commercial" use and 6545 Portland Avenue as "public" (this corner was proposed as the site of a new Fire Station No. 1). • The proposed amendment will change the designation of land sold to Morris Nilsen Funeral Chapel to "community commercial" and the land sold to Victoria Manor will be designated as "medium density multi-family residential". • The land remaining in the City's possession on the east side of the intersection will be designated as park and the area on the west side will become right-of-way. • Changes in the square footages are as follows: • Change in park designation -gain 0.10 acre • Change in medium density multi-family designation - 0.12 acre gain or loss • Change in public designation (area of proposed Fire Station) -loss of 0.5 acre • Change in community commercial designation -loss of 0.11 acre III. BASIS OF RECOMMENDATION A. POLICY • • The current designations of the Comprehensive Plan do not account for the redesign of the intersection at 66th Street and Portland Avenue. • In order for the City to proceed with the sale of the excess right-of-way in exchange for needed right-of-way, the Planning Commission must find that such a sale would be consistent with the Comprehensive Plan. • This cannot happen unless the Comprehensive Plan is amended. • The Metropolitan Council must approve all amendments to the Comprehensive Plan. • If both the Planning Commission and the Council approve the proposed amendments, they will be asked to make a number of decisions regarding this intersection that are conditioned upon the Metropolitan Council's ultimate approval • The Planning Commission is scheduled to consider this matter at their meeting of July 23, 2007. B. CRITICAL ISSUES • The land designations of the current Comprehensive Plan do not reflect the reality of the redesign of the intersection. • The project cannot go forward without an amendment to the Comprehensive Plan. • Comprehensive Plan amendments require approval by asuper-majority of • the Council (4 of 5 votes). Should a Council member be absent four affirmative votes are required. • Staff has been in contact with the Metropolitan Council and it is not anticipated that the Council will have concerns regarding the proposed changes. • C. FINANCIAL • The amendment is needed to help effectuate the real estate transactions. D. LEGAL • Notice of this public hearing was published and mailed in accordance with City and State regulations. IV. ALTERNATIVE RECOMMENDATION(S~ • Do not approve the proposed Comprehensive Plan amendments. The approved intersection project cannot proceed without amending the Comprehensive Plan. V. ATTACHMENTS • Resolution • Revised Comprehensive Plan text and maps VI. PRINCIPAL PARTIES EXPECTED AT MEETING • N/A n U • la RESOLUTION NO. . RESOLUTION AMENDING THE CITY'S COMPREHENSIVE PLAN AT 6544 AND 6545 PORTLAND AVENUE SOUTH WHEREAS, the City's Comprehensive Plan provides a Guide Plan establishing classifications for individual property; and WHEREAS, by Resolution No. 9672 adopted October 25, 2005, the City Council approved an alignment for the 66th Street and Portland Avenue intersection; and WHEREAS, the approved alignment requires the acquisition property for right-of-way purposes; and WHEREAS, the approved alignment makes current. Comprehensive Plan designations inappropriate; and WHEREAS, the City has determined that the new intersection makes it more appropriate to designate 6544 and 6545 Portland Avenue as medium density multi-family residential, community commercial and public; WHEREAS, the Planning Commission conducted a public hearing on July 23, 2007 concerning modifying the Guide Plan and approved the modification; and • WHEREAS, the City Council held a public hearing on the amendment on July 24, 2007; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield, Minnesota that the City's Comprehensive Plan is hereby amended to change 6544 and 6545 Portland Avenue from community commercial and public to medium density multi-family, community commercial and park contingent upon the following: 1. The revision is submitted to and approved by the Metropolitan Council. Adopted by the City Council of the City of Richfield, Minnesota this 24th day of July 2007. Debbie Goettel, Mayor ATTEST: Nancy Gibbs, City Clerk 072407 66th Portland CP Amendment ~~ -a PROPOSED TEXT AMENDMENTS Volume Three: Plan Elements B. EAST 66TH ST (HUB TO CEDAR AVE) The plan proposes to retain the existing commercial (C-C) on ##ree two of the four corners at aA/est East 66t" Street and Portland Avenue. T"° ^^~*"°^c+ nnrnor h~~~iever ic• chn..,n +~ ;~--asked-as~sTte~e,-a-rti ~~,5#~atiea-~Je:-~ In order to accommodate the new roundabout at the intersection of 66t" Street and Portland Avenue, the plan proposes a combination of commercial (C-C) to the north and park (PRK) use for the northeast corner. The plan further calls for an extension of the adjacent multi-family housing (R-MM) on the northwest corner. ,- der t~r~ ~ , fc.--~„~tats ,,,.,,, , ~; • 072407 - 66t" & Portland CP Amend AGENDA SECTION: PIIBLIC HEARINGS AGENDA ITEM # 11 • REPORT #. 2U1 STAFF REPORT CITY COUNCIL. MEETING JULY 24, 2007 • REPORT PREPARED BY: COUNCIL PRESENTER:: DEPARTMENT DIRECTOR REVIEW: REVIEWED BY CITY MANAGER: KRISTIN ASxER, ASSISTANT CITY ENGINEER. NAME, TircE ITEM FOR COUNCIL CONSIDERATION: Public hearing and second. reading of a Transitory Ordinance authorizing the sale of excess ri "ht-of-wa real ro ert at 6544 Portland Avenue. L RECOMMENDED ACTION: Conduct and close the public hearing and by motion: • Approve second reading of the attached transitory. ordinance authorizing.the sale of excess right-of-way real property at 6544. Portland Avenue for right-of-way purposes. • Approve resolution for summary publication of the transitory ordinance. IL. BACKGROUND The City has undertaken a .project to improve the intersection of 66th Street and :Portland Avenue. In connection with that project, the City acquired the property at 6544. Portland Avenue, he site of the Mr. Tire service station. Approximately one- • half of that site will be needed for the road right-of--way, .and the remainder of the site :is excess right-of--way. 0724secondread6544Portland The City also needs to acquire right-of-way for the intersection project from the • Victoria Manor Apartments, which adjoins the Mr. Tire parcel on the north and west. City staff has negotiated with the owner of the Victoria Manor Apartments, Roger Wahldick, to exchange a portion of the excess right of way from the Mr. Tire parcel for the right-of-way that will be needed from the Victoria Manor site. That agreement will be provided to the Council separately for approval. III. BASIS OF RECOMMENDATION A. POLICY • The City has excess right of way that could be put to productive and taxable use. • The City has a need to acquire right of way that can be exchanged for the excess right of way. B. CRrrICAL IssuEs • The ri~ht of way from the funeral home is needed in order to construct the 66 h and Portland intersection improvements and to obtain federal funding for that construction. • The ordinance requires that the sale occur consistent with a purchase agreement approved by the Council. That agreement. will be presented to the Council for approval separately. C. FINANCIAL • It is expected that the excess land will be transferred in exchange for the right-of-way required from the Victoria Manor parcel. The City will also be financially responsible for parking improvements to be made to the Victoria Manor parcel, as part of the exchange agreement. D. LEGAL • .The City Attorney has reviewed the ordinance and resolution for summary publication. IV. ALTERNATIVE RECOMMENDATION(S) • Council may choose to take no action at this time. V. ATTACHMENTS • Transitory Ordinance • Resolution of Summary Publication VI. PRINCIPAL PARTIES EXPECTED AT MEETING • Roger Wahldick, Owner of Victoria Manor Apartments • ~ ~-f TRANSITORY ORDINANCE NO. AN ORDINANCE AUTHORIZING AND PROVIDING FOR THE SALE, TRANSFER OR OTHER DISPOSITION AND CONVEYANCE OF CERTAIN CITY OWNED REAL PROPERTY LOCATED IN THE CITY OF RICHFIELD, COUNTY OF HENNEPIN, STATE OF MINNESOTA The City of Richfield Does Ordain: Section 1. The real property described in Exhibit A in the City of Richfield, County of Hennepin, State of Minnesota, is hereby authorized to be sold, transferred or otherwise disposed of and conveyed by the City to Roger A Wahldick as Trust of the Roger A. Wahldick Trust Agreement ("Trust") or such other entity or person as may be designated by the Trust and approved by the City Manager. Section 2. The Mayor and City Manager are hereby authorized to take all action as is required to sell, transfer, or otherwise dispose of and convey the real property described in the foregoing Section 1, including, by way of illustration and not limitation, the execution of a purchase or land exchange agreement after council approval of the same and all other documents necessary to implement the approved agreement including, without limitation, deeds of conveyance and- other instruments connected with such sale, transfer or disposition and . conveyance. Section 3. The City Clerk is authorized to make corrections to the legal description in the attached Exhibit A as required by the Office of the Hennepin County Registrar of Titles in order to permit recording of the deed of conveyance. Passed this 24th day of July 2007 by the Richfield City Council. Debbie Goettel, Mayor ATTEST: Nancy Gibbs, City Clerk 1 I --~ EXHIBIT A That part of the South 150 feet of the East 158 feet of `the Southeast Quarter of the Northeast Quarter of Section 27, Township 28, Range 24, according to the United States Government Survey thereof and situate in Hennepin County, Minnesota, which lies northerly and westerly of the following described line: Beginning at the intersection of a line drawn parallel with and distant 39.82 feet west of the east line of said Southeast Quarter of the Northeast Quarter, and a line drawn parallel with and distant 150.00 feet north of the south line of said Southeast Quarter of the Northeast Quarter; thence South 00 degrees 16 minutes 35 seconds West, along said line drawn parallel with and distant 39.82 feet west of said east line, to its intersection with a line drawn parallel with and distant 116.68 feet north of the said south line; thence South 89 degrees 28 minutes 00 seconds West, along said line drawn parallel with and distant 116.68 feet north of said south line, to its intersection with a line drawn parallel with and distant 119.05 west of said east line; thence South 00 degrees 16 minutes 35 seconds West, along said line drawn parallel with and distant 119.05 west of said east line, to its intersection with a line drawn parallel with and distant 104.93 feet north of said south line; thence South 89 degrees 28 minutes 00 seconds West, along said line drawn parallel with and distant 104.93 feet north of said south line, to its intersection with a-line drawn parallel with and distant 136.63 feet west of said east line; thence South 00 degrees 16 minutes 35 seconds West, along said line drawn parallel with and distant 136.63 feet west of said east line, to its intersection with a line drawn parallel with and distant 52.13 feet north of said south line; thence • southwesterly, 22.56 feet, along anon-tangential curve concave to the northwest, having a radius of 1488.00 feet, and a central angle of 00 degrees 52 minutes 07 seconds, the chord of said cuve bears South 82 degrees 00 minutes 24 seconds West, to its intersection with a line drawn parallel with and distant 158.00 feet west of said east line, and said line there terminating. ~ ~ -3 RESOLUTION NO. RESOLUTION APPROVING SUMMARY PUBLICATION OF A TRANSITORY ORDINANCE AUTHORIZING AND PROVIDING FOR THE SALE, TRANSFER OR OTHER DISPOSITION AND CONVEYANCE OF CERTAIN CITY OWNED REAL PROPERTY LOCATED IN THE CITY OF RICHFIELD, COUNTY OF HENNEPIN, STATE OF MINNESOTA, PURSUANT TO RICHFIELD CITY CHARTER SECTION 3.12. WHEREAS, the City has adopted the above referenced ordinance to the Richfield City Code; and WHEREAS, the verbatim text of the amendment is cumbersome, and the expense of publication of the complete text is not justified. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield that the following summary is hereby approved for official publication: SUMMARY PUBLICATION BILL N0.2007 - AN ORDINANCE AUTHORIZING AND PROVIDING FOR THE SALE, TRANSFER OR OTHER DISPOSITION AND CONVEYANCE OF CERTAIN CITY OWNED REAL PROPERTY LOCATED IN THE CITY OF RICHFIELD, COUNTY OF HENNEPIN, STATE OF MINNESOTA • This summary of the ordinance is published pursuant to Section 3.12 of the Richfield City Charter. The ordinance authorizes the sale of excess right of way located at 6544 Portland Avenue South, in accordance with a purchase agreement or land exchange agreement as approved by the City Council. Copies of the ordinance are available for public inspection in the City Clerk's office during normal business hours. Adopted by the City Council of the City of Richfield, Minnesota this 24th day of July, 2007. Debbie Goettel, Mayor ATTEST: Nancy Gibbs, City Clerk • • AGENDA SECTION: PDBLIC HEARINGS AGENDA ITEM # LZ REPORT # 2U2 STAFF REPORT JULY 24, 2007 REPORT PREPARED BY: CITY COUNCIL MEETING 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 a conditional use permit to allow the construction of an additional multi-stall garage and expansion of the parking area at 500 66th Street East Victoria Manor A artments . I. RECOMMENDED ACTION: Conduct and close a public hearing and by motion: Approve an amendment to a conditional use permit to allow the construction of an additional multi-stall garage and expansion of the parking area at 500 66th-Street East. II. BACKGROUND In conjunction with the intersection improvements at 66th Street and Portland Avenue, the City is working with the owner of Victoria Manor Apartments to acquire a portion of their land in exchange for excess right-of-way from the Mr. Tire Station. The proposed road design would demand removal of the driveway leading up to the front door and replace it with a sidewalk and landscaping. The additional land from the Mr. Tire site will also allow the property owner to construct a new 10-stall parking garage. The surface parking lot will also be reconfigured with an overall net gain of two .parking stalls. 072407 - ACUP 500 66th St E An apartment complex with between 9 and 25 units is a conditional use in the MR-2 • ~ (Multi-Family) District. The existing 33-unit complex with 36 parking stalls is a legally nonconforming use and may therefore continue. Approval of an amended permit is necessary prior to closing. The approval will be contingent upon approval of a Comprehensive Plan amendment by the Metropolitan Council. III. BASIS OF RECOMMENDATION A. POLICY Multi-family dwellings with more than nine units are a conditional use in the MR-2 District. The findings necessary to issue a CUP (546.05, subd. 6) are as follows: a) The proposed use is consistent with the goals, policies, and objectives of the City's comprehensive plan. This requirement is met. The comprehensive plan designates this site as Medium Density Multi-Family, which is consistent with the current use. The proposed comprehensive plan amendment would designate the property to be sold to the owner of Victoria Manor as Medium Density Multi- Family as well. b) The proposed use is consistent with any officially adopted redevelopment plans or urban design guidelines. This requirement does not apply. c) The proposed use is or will be in compliance with the performance standards . specified in Section 541 of the code. This requirement is met. While the number of off-street parking spaces is not in conformance with the City's current requirements, it is legally nonconforming. The proposed changes will increase the available off-street parking and bring the property closer to today's • standards. d) The proposed use will not have undue adverse impacts on governmental facilities, utilities, services, or existing or proposed improvements. This requirement is met. e) The use will not have undue adverse impacts on the public health, safety or welfare. This requirement is met. f) There is a public need for such use at the proposed location. This requirement is met. g) The proposed use meets or will meet all the specific conditions set by this code for the granting of such conditional use permit. This requirement is met. See below. Multi-family dwellings with more than nine units are conditional uses in the MR-2 District, as specified in Section 521.65, Subdivision 2 of the Zoning Code. Performance requirements are as follows: 1. Outdoor open space requirements: This requirement is met. i. Two or fewer bedrooms: 3.25 square feet per dwelling unit. 32 units * 325 sf = 10,400 sf ii. Three or more bedrooms: 425 square feet per dwelling unit. 1 unit*425sf=425sf Total required = 10,825 sf Total proposed = 14,822 sf • 2. Parking areas shall meet the standards set in the Richfield Parking Requirements, on file with the Office of Community Development. This requirement is met. • B. CRITICAL ISSUES ' • On October 25, 2005 the City Council approved the design for a roundabout at the intersection of 66th Street and Portland Avenue. • In connection with the project, the City acquired the property currently occupied by Mr. Tire (6544 Portland Avenue). • The City also needs to acquire right-of--way for the project from the Victoria Manor Apartments at 500 66th Street East. • City staff has been negotiating with Mr. Roger Wahldick, owner of Victoria Manor, to exchange excess right-of-way from the Mr. Tire site for right-of--way that will be needed from Mr. Wahldick's property. • Changes to the layout of the parking lot, entrances and landscaping require an amendment to the existing permit. • Approval of agreements between Victoria Manor and the. City are conditioned upon approval of this amendment. • Approval should include the following stipulations: - That the existing Victoria Manor parcel and the additional land be combined into a single tax parcel - Building permits are required for both the proposed 10-stall garage and the dumpster enclosure. In addition, all plans must be approved by the Community Development Department for compliance with zoning requirements. - That approval is conditioned upon the review and approval of proposed Comprehensive Plan amendments by the Metropolitan Council • The Planning Commission will consider this amendment at its July 23, • 2007 meeting. C. FINANCIAL • Does not apply. The City initiated this amendment. D.. LEGAL • Legal Counsel has reviewed the proposed amendment. • Public notice of this hearing has been provided. ~ IV. ALTERNATIVE RECOMMENDATION(S) ~ ~ V. ATTACHMENTS ~ • rcesoiution • Proposed site plan • Planning & zoning maps VI. PRINCIPAL PARTIES EXPECTED AT MEETING • Mr. Wahldick. Victoria Manor Apartment: 2---f RESOLUTION NO. • RESOLUTION APPROVING AN AMENDMENT TO A CONDITIONAL USE PERMIT TO ALLOW THE CONSTRUCTION OF AN ADDITIONAL MULTI-STALL GARAGE AND EXPANSION OF THE PARKING AREA AT 500 66TH STREET EAST WHEREAS, an application has been filed with the City of Richfield which requests an amendment to a conditional use permit to allow the construction of an additional multi- stall garage and expansion of the parking area at property legally described in Exhibit A; and WHEREAS, the Planning Commission of the City of Richfield has recommended approval of this requested amended conditional use permit at its July 23, 2007 meeting; and WHEREAS, this requested- amended conditional use permit meets the requirements necessary for issuing a conditional use permit as specified in Richfield's Zoning Code, section 546.05, subd.6; and WHEREAS, the City has fully considered the request for approval of the conditional use permit; NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Richfield, Minnesota, as follows: • 1. An amended conditional use permit is approved for construction of an additional multi-stall garage and expansion of the parking area, as described in City Council Staff Report No. , on the Subject Property legally described above. 2. This amended conditional use permit is subject to the following conditions: • That building permits for the proposed garage and dumpster enclosure be review by the Community Development Department for compliance with zoning requirements. • That the recipient of this conditional use permit takes steps to combine the property legally described above into a single tax parcel. • That the recipient of this conditional use permit record this resolution with the County, pursuant to Minnesota Statutes Section 462.36, Subdivision 1 and Richfield Zoning Code 546.05, Subdivision 7. 3. The 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 24th day of July 2007. • Debbie Goettel, Mayor ATTEST: Nancy Gibbs, City Clerk 072407 - ACUP 500 66th St E l~ ~~ EXHIBIT A • That part of the Southeast Quarter. of the Northeast Quarter of Section 27, Township 28, Range 24, Hennepin County, Minnesota, described as follows: Commencing at the southeast corner of said Southeast Quarter of the Northeast Quarter; thence North 00 degrees 16 minutes 35 seconds East, assumed bearing along the east line of said Southeast Quarter of the Northeast Quarter to a point distant 1063.63 feet south of the northeast corner of said Southeast Quarter of the Northeast Quarter; thence South 89 degrees 28 minutes 00 seconds West, parallel .with the south line of said Southeast Quarter of Northeast Quarter, to the east line of 5th Avenue South as deeded to the Village of ..Richfield by Deed recorded in Book 2028 of Deeds, page 126, and its northerly extension thereof, to the point of beginning; thence returning North 89 degrees 28 minutes 00 seconds East, along said line drawn parallel with the south line, to its intersection with a line drawn parallel with and distant 39.82 feet west of said -east line; thence South 00 degrees 16 minutes 35 seconds West, along said line drawn parallel with and distant 39.82 west of said east line, to its intersection with a line drawn parallel with and distant 116.68 feet north of said south line of the Southeast Quarter of the Northeast Quarter; thence South 89 degrees 28 minutes 00 seconds West, along said line drawn parallel with and distant 116.68 feet north of said south line, to its intersection with a line drawn parallel with and distant 119.05 feet west of said east line; thence South 00 degrees 16 minutes 35 seconds West, along said line drawn parallel with and distant 119.05 feet west of said east • line, to its intersection with a line drawn parallel with and distant 104.93 feet north of said south line; thence South 89 degrees 28 minutes 00 seconds West, along said line drawn parallel with and distant 104.93 north of said south line, to its intersection with a line drawn parallel with and distant 136.63 feet west of said east line, to its intersection with a line drawn parallel with and distant 52.13 feet north of said south. line; thence southwesterly, 167.51 feet, along anon-tangential curve, concave to .the northwest, having a radius of 1488.00 feet, and a central angle of 06 degrees 27 minutes 00 seconds, the chord of said curve bears South 84 degrees 48 minutes 01 seconds West, to .said east line of 5th Avenue South as deeded to the Village of Richfield by Deed recorded in Book 2028 of .Deeds, page 126; thence north along said east line of 5th Avenue South as deeded to the Village of Richfield by Deed recorded in Book 2028 of Deeds, page 126, to the point of beginning. • ~~ • • • ~ ~ ~ ~ ~ _ i ' ' ~ ~ - _ * ~ r y~ ~~ ? m r ' _ ~.__ I - ~ . - ' ~ ~. .- __ y t__ _ ~ ~~ -` _' ~ .._ ' - ,, w . , . 4 x -_ _ _-- ~. , -i ' ~ ~ ~ !! ~ „~ ~% ~ !1 ,-_ p ~ . °`~ K. ~~e ~ ~ ~ 1 .a9 '~; , i -:~ '~ ~, ~~ .- ~ ~ \ .~ ~ ~ s ~ u ~ .( ~ ~ .t t . y~. ,/ a i ,. ~ .;.I ~ t' ~ __ -_ :. ~~ ~ X. .~ ~~ } .. ~ } s { t ~ "' f~;.. t.. •'~' ~ ' Y~, r •%,~ yyr~ r ~ F ;z ~ .. , ~ ~ t 'b' t ~k' ~ = .>. Fly-~j,'.~:~ fix, ~A.l.',. ~"AF? 7. 'r;,:. iii":q.. •; °~+~'F.;~C ,H ~ ,~,: 1 t y ~..~ P y.y ~.:. 4 '1 ~ '.~: V I n'. ~:.. .~ :. .. ~..., 5 ''-~i: r 4~ : ~~-~~:'r~~t:2:1r:' i; ..g.. , ;;:x.s~.v,''.,'::~:i .~ , i n.~A v :. r..:~(:. x.':,~ ~a p~ .m S ` 4 ~n~ `~ s~ ~~ ~~ ~~ ~°°' _ ~i a B d~ a: ~~ d ~~ L ev C9 d C d C rt~ V 0 V d .~d+ C > ~~ Q O _~ cc G ~ ~ ~F~ U_ ~_ O ~ U LL.J ~~ F-= UU CUP Amendment 500 66th St E - 7/07 0 75 150 300 450 R -Single-Family Residential N R-1 -Low Density SF Residential MR-1 -Two-Family Residential MR-2 -Multi-Family- Residential 600 C-2 -General Commercial ~ Feet _ .. .- CUP Amendment 500 66th St E - 7/07 w r^ 0 75 150 300 450 600 Feet RES -Single-Family Residential N DPLX -Duplex APT -Multi-Family Residential COM -General Commercial PRK -Park QUASPBLC -Quasi-Public • AGENDA SECTION: RESOI,DTION AGENDA ITEM # 13 REPORT # 203 STAFF REPORT CITY COUNCIL MEETING JULY 24, 2007 REPORT PREPARED BY: NAME, 77TLE • COUNCIL PRESENTER: DEPARTMENT DIRECTOR REVIEW: REVIEWED BY CITY MANAGER: MELISSA POEHLMAN, PLANNING 8L ZONING ADMINISTRATOR ITEM FOR COUNCIL CONSIDERATION: Consideration of the revocation of a special use permit allowing the operation of a public garage at 6544 Portland Avenue (Mr. Tire) as the reconstruction of the intersection at 66th Street and Portland Avenue will render this site too small for said uses. I. RECOMMENDED ACTION: By Motion: Approve the attached resolution revoking a special use ermit to allow o eration of a ublic ara eat 6544 Portland Avenue. II. BACKGROUND As part of the reconstruction project at the intersection of 66th Street and Portland Avenue, the City has purchased the property at 6544 Portland Avenue (Mr. Tire). Approximately one-half of this site will be needed for right-of--way purposes. The remainder of the -site is excess right-of--way that will be exchanged for right-of--way from the adjoining multi-family residential property, Victoria Manor Apartments.. A public garage will no longer be appropriate at this location and the special use permit (SUP) should be revoked. 072407 -.Revoke SUP 6544 Portland The City also needs to acquire right-of-way for the intersection .project from the • Nilsen Funeral Chapel, which adjoins the BP Amoco parcel on the-north and east. City staff has negotiated with the owner of the funeral chapel, Morris Nilsen, to exchange a portion of the excess right of way from the BP Amoco parcel for the right-of-way that will be needed from the funeral chapel site. That agreement will be provided to the council separately for approval. III. BASIS OF RECOMMENDATION A. POLICY • The City has excess right of way that could be put to productive and taxable use. • The City has a need to acquire right of way that can be exchanged for the excess right of way. B. CRITICAL ISSUES • The ri~ht of way from the funeral home is needed in order to construct the 66 h and Portland intersection improvements and to obtain federal funding for that construction. • The ordinance requires that the sale occur consistent with a purchase agreement approved by the Council That agreement will be presented to the Council for approval separately. • C. FYNANCIAL • It is expected that the excess land will be transferred in exchange for the right-of-way required from the Nilsen Funeral Chapel parcel. The City will also be financially responsible for parking improvements to be made to the Nilsen Funeral Chapel parcel, as part of the exchange agreement. D. LEGAL • .The City Attorney has reviewed the ordinance and resolution for summary publication. IV. ALTERNATIVE RECOMMENDATION(S~ • Council may choose to take no action at this time. V. ATTACHMENTS • Transitory Ordinance • Resolution of Summary Publication VI. PRINCIPAL PARTIES EXPECTED AT MEETING • Morris Nilsen III. BASIS OF RECOMMENDATION • A. POLICY • SUPs run with the land, not a particular business. In order to avoid any possible confusion in the future, it is best to revoke this SUP. B. CRITICAL ISSUES • A SUP was originally authorized for this site on July 23, 1984. • Mr. Tire is currently leasing the site from the City. • Revocation of the SUP will be effective upon termination of this lease (in accordance with terms of the leasing agreement). C. FINANCIAL • N/A D. LEGAL • The City Attorney has recommended that the SUP for this site be terminated. IV. ALTERNATIVE RECOMMENDATION(S~ • N/A V. ATTACHMENTS • Resolution VI. PRINCIl'AL PARTIES EXPECTED AT MEETING • N/A ~ 3--1 RESOLUTION NO. • RESOLUTION REVOKING A SPECIAL USE PERMIT TO ALLOW A PUBLIC GARAGE AT 6544 PORTLAND AVENUE WHEREAS, on July 23, 1984 the Gity of Richfield approved a special use permit for the operation of a public garage on land generally located at 6544 Portland Avenue, legally described as: The south 150 feet of the east 158 feet of the southeast'/4 of the northeast'/4 of Section 27, Township 28N, Range 24W, excluding roads. WHEREAS, the City of Richfield has purchased the Subject Property for right-of- way purposes; and WHEREAS, use of the Subject Property as a public garage is no longer appropriate; and WHEREAS, the City has fully considered the revocation of the special use permit. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Richfield, Minnesota, as follows: 1. A special use permit is revoked for a public garage, as described in City Council Staff Report No. , on the Subject Property legally described above. • 2. Revocation of this special use permit is effective upon the termination of the lease between the occupant and the City, in accordance with the agreed upon terms of the Leasing Agreement. Adopted by the City Council of the City of Richfield, Minnesota this 24th day of July 2007. Debbie Goettel, Mayor ATTEST: Nancy Gibbs, City Clerk • 072407 -Revoke SUP 6544 Portland KRISTIN ASxER, ASSISTANT CITY REPORT PREPARED BY: ENGINEER- NAME, TITLE COUNCIL PRESENTER: DEPARTMENT DIRECTOR ~ W' REVIE ~-' REVIEWED BY CITY SIGNA MANAGER. ITEM FOR COUNCIL CONSIDERATION: Public hearing and second reading of a Transitory Ordinance authorizing the sale of excess ri ht-of-wa real ro ert at 6545 Portland Avenue. I. RECOMMENDED ACTION: Conduct and close the public hearing and by motion: • Approve second reading of the attached transitory ordinance .authorizing fhe sale of excess right-of-way real property at 6545 Portland Avenue for .right-of-way purposes. • Approve ,resolution for summary publication of the transitory ordinance. II. BACKGROUND The City has undertaken a project to improve the intersection of 66th Street and .Portland Avenue, In connection with that project, the City acquired the property at 6545 Portland Avenue, the site of the BP Amoco service. station. Approximately • one-half of that site will be needed for the road. right.-of--way, .and. the remainder of the site is excess right-ofway. 0724secondread6545Portland 1 ~-~ TRANSITORY ORDINANCE NO. • AN ORDINANCE AUTHORIZING AND PROVIDING FOR THE SALE, TRANSFER OR OTHER DISPOSITION AND CONVEYANCE OF CERTAIN CITY OWNED REAL PROPERTY LOCATED IN THE CITY OF RICHFIELD, COUNTY OF HENNEPIN, STATE OF MINNESOTA The City of Richfield Does Ordain: Section 1. The real property described in Exhibit A in the City of Richfield, County of Hennepin, State of Minnesota, is hereby authorized to be sold, transferred or otherwise disposed of and conveyed by the City to Morris Nilsen Chapel, Inc. or such other entity or person as may be designated by Morris Nilsen Chapel, Inc. and approved by the City Manager. Section 2. The Mayor and City Manager are hereby authorized to take all action as is required to sell, transfer, or otherwise dispose of and convey the real property described in the foregoing Section 1, including, by way of illustration and not limitation, the execution of a purchase or land exchange agreement after. council approval of the same and all other documents necessary to implement the approved agreement including, without limitation, deeds of conveyance and other instruments connected with such sale, transfer or disposition and conveyance. • Section 3. The City Clerk is authorized to make corrections to .the legal description in the attached Exhibit A as required by the Office of the Hennepin County Registrar. of Titles in order to permit recording of the deed of conveyance. Passed this 24th day of July 2007 by the Richfield City Council. Debbie Goettel, Mayor ATTEST: Nancy Gibbs, City Clerk • ~'~ EXHIBIT A Par 1: The South 151.12 feet of the East 20 feet of the West 145 feet of that part of the Southwest Quarter of the Northwest Quarter of Section 26, Township 28, Range 24, described as follows: Commencing at a point 33 feet North of, and 33 feet East of the Quarter Corner on the West side of said Section 26; thence North parallel with and 33 feet East of the West line of said Section 26 a distance of 176.12 feet; thence East parallel with the East and West Quarter line of said Section 26 a distance of 247.3 feet; thence South parallel with the West line of said Section 26 a distance of 176.12 feet to a point 33 feet North of the East and West Quarter line through said Section 26; thence West parallel with the East and West Quarter line through said Section 26, a distance of 247.3 feet to the point of beginning. Par 2: The South 26.12 feet of the North 51.12 feet of the West 125 feet of that part of the Southwest Quarter of the Northwest Quarter of Section 26, Township 28, Range 24, described as follows: Commencing at a point 33 feet North of, and 33 feet east of the Quarter Corner on the West side of said Section 26; thence North parallel with and 33 feet East of the West line of said Section 26 a distance 176.12 feet; thence East parallel with the East and West Quarter line of said Section 26 a distance of 247.3 feet; thence South parallel with the West line of the said Section 26 a distance of 176.12 feet to a point 33 feet North of the East and West Quarter line through said Section 26; thence West parallel with the East and West Quarter line through said Section 26, a distance of 247.3 feet to the point of beginning. Par 3: An undivided one-half interest in and to: That part of the. Southwest Quarter of the Northwest Quarter of section 26, Township 28, Range 24, described as follows: Commencing at a point 33 feet North of, and 33 feet East of the Quarter corner on the West side of said Section 26; thence North parallel with and 33 feet East of the West line of said Section 25 a distance of 176.12 feet; thence East parallel with the East and West quarter line of said Section 26 a distance of 247.3 feet; thence South parallel with the West line of said Section 26 a distance of 176.12 feet to a point 33 feet North of the East and West quarter line through said Section 26; thence West parallel with the East and West quarter line through said Section 26, a distance of 247.3 feet to the point of beginning, except the North 51.12 feet of the West 125 feet thereof, and except that part thereof lying East of the West 125 feet thereof. Par 4: An undivided one-half interest in and to: That part of the Southwest Quarter of the Northwest Quarter of Section 26, Township 28, Range 24, described as follows: Commencing at a point 33 feet North of, and 33 feet East of the Quarter corner on the West side of said Section 26; thence North parallel with and 33 feet East of the west line of said section 26 a distance of 176.12 feet; thence East parallel with the East and West quarter line of said section 26 a distance of 247.3 feet; thence South parallel with the West line of said Section 26 a distance of 176.12 feet to a point 33 feet North of the East and West quarter line through said Section 26, thence West parallel with the East and West quarter line through said Section 26, a distance of 247.3 feet to the point of beginning; except the North 51.12 feet of the West 125 feet thereof, and except that part thereof lying East of the West 125 feet thereof. Except that part of the above described property which lies westerly, southwesterly and southerly of the following described line: Commencing at a point on said west line of the ~ ~,3 Southwest Quarter of the Northwest Quarter, distant 359.12 feet north of the southwest corner • of said Southwest Quarter of the Northwest Quarter, as measured along said west line of the Southwest Quarter of the Northwest Quarter; thence South 89 degrees 36 minutes 48 seconds East, assumed bearing, along a line drawn parallel with the south line of said Southwest Quarter of the Northwest Quarter, 39.00 feet, to the point of beginning of said line to be hereinafter described; thence Southerly, 160.64 feet, along anon-tangential curare, concave to the east, having a radius of 1489.00 feet, and a central angle of 06 degrees 10 minutes 54 seconds, the chord of said curve bears South 04 degrees 36 minutes 00 seconds East; thence South 07 degrees 41 minutes 27 seconds East, tangent to the last described curve, 68.92 feet; thence South 48 degrees 04 minutes 06 seconds East, 45.68 feet; thence North 90 degrees 00 minutes 00 seconds East, 200.00 feet, and said line there terminating. • • !~-~ RESOLUTION NO. RESOLUTION APPROVING SUMMARY PUBLICATION OF A TRANSITORY ORDINANCE AUTHORIZING AND PROVIDING FOR THE SALE, TRANSFER OR OTHER DISPOSITION AND CONVEYANCE OF CERTAIN CITY OWNED REAL PROPERTY LOCATED IN THE CITY OF RICHFIELD, COUNTY OF HENNEPIN, STATE OF MINNESOTA, PURSUANT TO RICHFIELD CITY CHARTER SECTION 3.12. WHEREAS, the City has adopted the above referenced ordinance to the Richfield City Code; and WHEREAS, the verbatim text of the amendment is cumbersome, and the expense of publication of the complete text is not justified. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield that the following summary is hereby approved for official publication: SUMMARY PUBLICATION BILL N0.2007 - AN ORDINANCE AUTHORIZING AND PROVIDING FOR THE SALE, TRANSFER OR OTHER DISPOSITION AND CONVEYANCE OF CERTAIN CITY OWNED REAL PROPERTY LOCATED IN THE CITY OF RICHFIELD, COUNTY OF HENNEPIN, STATE OF MINNESOTA • This summary of the ordinance is published pursuant to Section 3.12 of the Richfield City Charter. The ordinance authorizes the sale of excess right of way located at 6545 Portland Avenue South, in accordance with a purchase agreement or land exchange agreement as approved by the City Council Copies of the ordinance are available for public inspection in the City Clerk's office during normal business hours. Adopted by the City Council of the City of Richfield, Minnesota this 24th day of July 2007 Debbie Goettel, Mayor ATTEST: Nancy Gibbs, City Clerk • AGENDA SECTION: pTTBLIC HEARINGS AGENDA ITEM # 15 REPORT # 205 ~~ STAFF REPORT CITY COUNCIL MEETING JULY 24, 2007 REPORT PREPARED BY: MELISSA POEHLMAN, PLANNING & ZONING ADMINISTRATOR NAME, T/TLE COUNCIL; PRESENTER: DEPARTMENT DIRECTOR REVIEW: REVIEWED BY CITY MANAGER: ITEM FOR COUNCIL CONSIDERATION: Consideration of an amendment to a conditional use permit to allow the construction of an additional parking area and reconfiguration of driveways at 6507, 6527, & 6545 Portland Avenue Morris Nilsen Funeral Cha el ro ert I. RECOMMENDED ACTION: Conduct and close a public hearing and by motion: Recommend approval of an amendment to a conditional use permit to allow the construction of an additional parking area and reconfiguration of driveways at 6507. 6527, and 6545 Portland Avenue. II. BACKGROUND In conjunction with the intersection improvements at 66th Street and Portland Avenue, the City is working with Morris Nilsen Funeral Chapel to acquire a portion of their land in exchange for excess right-of--way from the BP Amoco Station to the south. The proposed road design would demand closing the southern most driveway of the Morris Nilsen Funeral Home, but would allow for an additional parking lot area to the south and a reconfigured exit onto 66th Street. A funeral chapel is a conditional use in the C-2 (General Commercial) District. There is an approved special/conditional use permit (CUP) for such a use on file for 072407 - ACUP 6507-6545 Portland the properties at both 6507 and 6527 Portland Avenue. It is unclear why the • property owner was not required to combine these parcels as a stipulation of these approvals, as parking is not an allowable primary use. Approval of an amended permit is necessary prior to closing. This approval will be contingent upon approval of a Comprehensive Plan amendment by the Metropolitan Council III. BASIS OF RECOMMENDATION A. POLICY Funeral homes are a conditional use in the C-2 (District). The findings necessary to issue a CUP (546.05, subd.6) are as follows: a) The proposed use is consistent with the goals, policies, and objectives of the City's comprehensive plan. This requirement is met. The Comprehensive Plan designates this site as `community commercial,' which is consistent with the current use. The proposed Comprehensive Plan amendment would designate the property to be sold to the Funeral Chapel as `community commercial' as well. b) The proposed use is consistent with any officially adopted redevelopment plans or urban design guidelines. This requirement does not apply. c) The proposed use is or will be in compliance with the performance standards • specified in Section 541 of this code. This requirement is met. Off-street parking availability already exceeds the amount required, and will be further increased. There will be some landscaping (lawn) lost to right-of-way along Portland Avenue; however, this is not the fault of the property owner. The property remains in compliance with all previously approved landscape and screening plans. d) .The proposed use will not have undue adverse impacts on governmental facilities, utilities, services, or existing or proposed improvements. This requirement is met. e) The use will not have undue adverse impacts on the public health, safety, or welfare. This requirement is met. f) There is a public need for such use at the proposed location. This requirement is met. g) The proposed use meets or will meet all the specific conditions set by this code for the granting of such conditional use permit. This requirement is met. See below. Funeral homes are conditional uses in the C-2 District, as specified in Section 526.27, Subdivision 4 of the zoning code. The sole condition for this use is that the lot abuts an arterial or collector street. This requirement is met. • B. CRITICAL ISSUES • On October 25, 2005 the City Council approved the design for a roundabout at the intersection of 66th Street and Portland Avenue. • In connection with the project, the City acquired the property occupied by the BP Amoco (6545 Portland Avenue). • The City also needs to acquire right-of--way for the project from the • Morris Nilsen Funeral chapel at 6507 &6527 Portland Avenue. • City staff has been negotiating with Morris Nilsen Funeral Chapel to exchange excess right-of-way from the BP Amoco Station for right-of- way that will be needed from Morris Nilsen. • Changes to the layout of parking and drive aisles and the property as a whole require an amendment to the conditional use permit at Morris Nilsen. • Approval of agreements between Morris Nilsen and the City are conditioned upon approval of this amendment. • Approval should include a stipulation that all three parcels be combined into a single tax parcel • The Planning Commission will consider this amendment at its July 23, 2007 meeting. C. FINANCIAL • N/A. The City initiated this amendment. D. LEGAL • Legal Counsel has reviewed the proposed amendment. • Public notice of this hearing has been provided. • IV. ALTERNATIVE RECOMMENDATION(S~ • N/A V. ATTACHMENTS • Resolution • Proposed site plan • Planning & zoning maps VI. PRINCIl'AL PARTIES EXPECTED AT MEETING • Mr. Nilsen, Morris Nilsen Funeral Chapel • I ~~I RESOLUTION NO. • RESOLUTION APPROVING AN AMENDMENT TO A CONDITIONAL USE PERMIT TO ALLOW THE CONSTRUCTION OF AN ADDITIONAL PARKING AREA AND RECONFIGURATION OF DRIVEWAYS AT 6507, 6527 ~ 6545 PORTLAND AVENUE WHEREAS, an application has been filed with the City .of Richfield which- requests an amendment to a conditional use permit to allow the construction, of an additional parking area and reconfiguration of driveways at property legally described in Exhibit A; and WHEREAS, the Planning Commission of the City of Richfield has recommended approval of this requested amended conditional use permit at its July 23, 2007 meeting; and WHEREAS, this requested amended conditional use permit meets the requirements necessary for issuing a conditional use permit as specified in Richfield's Zoning Code, Section 546.05, Subd.6; and WHEREAS, the City has fully considered the request for approval of the conditional use permit; NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Richfield, Minnesota, as follows: 1. An amended conditional use permit is approved for construction of an additional parking area and reconfiguration of driveways, as described in City Council Staff Report No. , on the Subject Property legally described above. 2. This amended conditional use permit is subject to the following conditions: • That the recipient of this conditional use permit takes steps to combine the property legally described above into a single tax parcel. • That the recipient of this conditional use permit record this resolution with the County, pursuant to Minnesota Statutes Section 462.36, Subdivision 1 and Richfield Zoning Code 546.05, Subdivision 7. 3. The 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 24th day of July 2007. Debbie Goettel, Mayor • ATTEST: Nancy Gibbs, City Clerk 072407 - ACUP 6507-6545 Portland 15 ~- EXHIBIT A n U PAR 1: That. part of the West '/2 of the Northwest Quarter of Section 26, Township 28, N. Range 24, West, described as follows: Beginning at a point on the West line of said Tract 209.12 feet North of the West 1/4 corner; thence North along the West line of said section, 150 feet; thence East parallel with the East and West center line of said section, 280.3 feet; thence South parallel with the West line of said section, 150 feet; thence West parallel with the said East and West center line of said section, 280.3 feet to the point of beginning. PAR 2: That part of the Southwest Quarter of the Northwest Quarter of Section 26, Township 28, Range 24, described as follows: Commencing at a point 33 feet North of and 33 feet East of the Quarter Corner on the West side of said Section 26; thence North parallel with and 33 feet East of the West line of said Section 26 a distance of 176.12 feet; thence East parallel with the East- and West Quarter line of said Section 26 a distance of 247.3 feet; thence South parallel with the West line of said Section 26, 176.12 feet; thence West parallel with the East and West Quarter line through said Section 26, a distance of 247.3 feet, to the point of beginning lying East of the West 125 feet thereof, except the South 151.12 feet of the West 20 feet of the above described property, according to the Government Survey thereof. AND • The North 25 feet of the West 125 feet of that part of the Southwest Quarter of the Northwest Quarter of Section 26, Township 28, Range 24. Commencing at a point 33 feet North of and 33 feet East of the Quarter Corner on the West side of said Section 26; thence North parallel with and 33 feet East of the West line of said Section 26 a distance of 176.12 feet; thence East parallel with the East and West Quarter line of said Section 26 a distance of 247.3 feet; thence South parallel with the West line of the said Section 26 a distance of 176.12 feet to a point 33 feet North of the East and West Quarter line through said Section 26; thence West parallel with the East and West Quarter line through said Section 26, a distance of 247.3 feet to the point of beginning. AND Par 1: The South 151.12 feet of the East 20 feet of the West 145 feet of that part of the Southwest Quarter of the Northwest Quarter of Section 26, Township 28, Range 24 described as follows: Commencing at a point 33 feet North of, and 33 feet East of the.Quarter Corner on the West side of said. Section 26; thence North parallel with and 33 feet East of the West line of said Section 26 a distance of 176.12 feet; thence East parallel with the East and West Quarter line of said Section 26 a distance of 247.3 feet; thence South parallel with the West line. of said Section 26 a distance of 176.12 feet to a point 33 feet North of the East and West Quarter line through said Section 26; thence West parallel with the East and West Quarter line through said Section 26, a distance of 247.3 feet to the point of beginning. • Par 2: The South 26.12 feet of the North 51.12 feet of the West 125 feet of that part of the Southwest Quarter of the Northwest Quarter of Section 26, Township 28, Range 24, described as follows: Commencing at a point 33 feet North of, and 33 feet east of the Quarter Corner on the West side of said Section 26; thence North parallel with and 33 feet East of the West line of said ~~-3 Section 26 a distance 176.12 feet; thence East parallel with the East and West Quarter line of said Section 26 a distance of 247.3 feet; thence South parallel with the. West line of the said Section 26 a • distance of 176.12 feet to a point 33 feet North of the East and West Quarter line through said Section 26; thence West parallel with the East and West Quarter line through said Section 26, a distance of 247.3 feet to the point of beginning. Par 3: An undivided one-half interest in and to: That part of the Southwest Quarter of the Northwest Quarter of section 26, Township 28, Range 24, described as follows: Commencing at a point 33 feet North of, and 33 feet East of the Quarter corner on the West side of said Section 26; thence North parallel with and 33 feet East of the West line of said Section 26 a distance of 176.12 feet; thence East parallel with the East and West quarter line of said Section 26 a distance of 247.3 feet; thence South parallel with the West line of said Section 26 a distance of 176.12 feet to a point 33 feet North of the East and West quarter line through said Section 26; thence West parallel with the East and West quarter line ,through said Section 26, a distance of 247.3 feet to the point of beginning, except the North 51.12 feet of the West 125 feet thereof, and .except that part thereof lying East of the West 125 feet thereof. Par 4: An undivided one-half interest in and to: That part of the Southwest Quarter of the Northwest Quarter of Section 26, Township 28, Range 24, described as follows: Commencing at a point 33 feet North of, and 33 feet East of the Quarter corner on the West side of said Section 26; thence North parallel with and 33 feet East of the west line of said section 26 a distance of 176.12 feet; thence East parallel with the East and West quarter line of said section 26 a distance of 247.3 .feet; thence South parallel with: the West line of said • Section 26 a distance of 176.12 feet to a point 33 feet North of the East and West quarter line through said Section 26, thence West parallel with the East and West quarter line through said Section 26, a distance of 247.3 feet to the point of beginning, except the North 51.12 feet of the West 125 feet thereof, and except that part thereof lying East of the West 125 feet thereof. Except that part of the above described parcels, which lies westerly, southwesterly and southerly of the following described line: Commencing at a point on said west line of the Southwest Quarter of the Northwest Quarter, distant 359.12 feet north of the southwest corner of said Southwest Quarter of the Northwest Quarter, as measured along said west line of the Southwest Quarter of the Northwest Quarter; thence South 89 degrees 36 minutes 48 seconds East, assumed bearing, along a line drawn parallel with the south line of said Southwest Quarter of the Northwest Quarter, 39.00 feet, to the point of beginning of said line to be hereinafter described; thence Southerly, 160.64 feet, along anon- tangential curve, concave to the east, having a radius of 1489.00 feet, and a central angle of 06 degrees 10 minutes 54 seconds, the chord of said curve bears South 04 degrees 36 minutes 00 seconds East; thence South 07 degrees 41 minutes 27 seconds East, tangent to the last described curve, 68.92 feet; thence South 48 degrees 04 minutes 06 seconds East, 45.68 feet; thence North 90 degrees 00 minutes 00 seconds East, 200.00 feet, and said line there terminating. • • • ~~ S o ~o a "~ `° ~~ ° ' °' ~ ~ ~ ~~ '° W ~ ~~ r i I. 1 y ` ~!~ %~. I ~ I ~ 'k ~ ~~ .. L , ~I ~ *~~; L'y. r. ~ ~ ~~ i i i+~ '; `,~~ 4 ' ? + 9 _ ~', ~ t ~ ~.~~ ,y s ~ a ~c ~ a. ,W ?~ . t _ t: I. •, h ~~~ ~~ ~ ~~ I~ ~~ m~~ ~y~~ 3 W 0 L d N Z •L C0 C 0 V d N d ' ~~ Q N ~ _ ~ ~ C6 d ~ ~ U d ~ .a.+ N O .~ -~' ~ U n- - ~ _~ o~+ ~_ ~; v r s-s . CUP Amendment 6527 Portland .Avenue - 7/07 Surrounding Zoning- R R R R R R ~ VETERAN'S Z R R R ~ Q 0~ Z C-2 ~~ R R Q J H R R ~ ~ a C-2 MR-2 C-2 C-2 66TH STREET EAST R R C-2 C-2 C'2 C-2 R R C-2 C-2 R R R R R R R -Single-Family Residential MR-2 -Multi-Family Residential C-2 -General Commercial 1 S ~ to i CUP Amendment 6527 Portland Avenue - 7/07 Surrounding Land Uses VETERAN'S RES QUASPBLC RES i PRK R RES W ~ RES Z RES RES j Q RES ~' 5~ ~ Z COM RES RES ~ ', H RES RES ~ a COM APT I COM COM 66TH STREET EAST! REST RES APT COM COM COM RES; R COM RES RES' RES RES RES RES RES RES REST RES -Single-Family Residential APT -Multi-Family Residential COM -Commercial PRK -Park QUASPBLC -Quasi-Public AGENDA SECTION: RSOT.DTTON AGENDA ITEM # 16 REPORT # 206 STAFF REPORT CITY COUNCIL MEETING JULY 24, 2007 • REPORT PREPARED BY: MELISSA POEHLMAN, PLANNING BL ZONING ADMINISTRATOR NAME, TITLE , COUNCIL PRESENTER: DEPARTMENT DIRECTOR REVIEW : ~-~ REVIEWED BY CITY MANAGER: ITEM FOR COUNCIL CONSIDERATION: ` Consideration of the revocation of a special use permit allowing a combination gasoline service station, store and car wash at 6545 Portland Avenue (BP Amoco) as the reconstruction of the intersection at 66th Street and Portland Avenue will render this site too small for said uses. I. RECOMMENDED ACTION: By Motion:. Approve the attached resolution revoking a special use permit to allow a combination gasoline service station, store and car wash at 6545 Portland Avenue. • II. BACKGROUND As part of the reconstruction project at the intersection of 66th Street and Portland Avenue, the City has purchased the property at 6545 Portland Avenue (BP Amoco). Approximately one-half of this site will be needed for right-of-way purposes. The remainder of the site is excess right-of-way that will be exchanged for right-of-way from the adjoining commercial property, Morris Nilsen Funeral Chapel. A service station is no longer appropriate at this location and the special use permit (SUP) should be revoked. 072407 -Revoke SUP 6545 Portland • III. BASIS OF RECOMMENDATION A. POLICY • SUPs run with the land, not a particular business. In order to avoid any possible confusion in the future, it is best to revoke this SUP now. B. CRITICAL ISSUES • A SUP was originally authorized for this site on May 13, 1985. • BP Amoco has vacated the site. • Due to right-of-way needs, this is no longer an appropriate site for a service station. C. FINANCIAL • N/A D. LEGAL • The City Attorney has recommended that the SUP. for this site be terminated. IV. ALTERNATIVE RECOMMENDATION~S~ • N/A V. ATTACHMENTS • Resolution VI. PRINCIPAL PARTIES EXPECTED AT MEETING • N/A r~-~ RESOLUTION NO. • RESOLUTION REVOKING A SPECIAL USE PERMIT TO ALLOW A COMBINATION GASOLINE SERVICE STATION, STORE AND CAR WASH AT 6545 PORTLAND AVENUE WHEREAS, on May 13, 1985 the City of Richfield approved a special use permit for the operation of a combination gasoline service station, store and car wash on land generally located at 6545 Portland Avenue, legally described as: The west 178 feet of the south 184.12 feet of Government Lot 6, excluding roads. WHEREAS, the City of Richfield has purchased the Subject Property for right-of- way purposes; and WHEREAS, use of .the Subject Property as a combination gasoline service station, store and car wash is no longer appropriate; and WHEREAS, the City has fully considered the revocation of the special use. permit. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Richfield, Minnesota, as follows: 1. A special use permit is revoked for a combination gasoline service station, store and car wash, as described in City Council Staff Report No. , on the • Subject Property legally described above. Adopted by the City Council of the City of Richfield, Minnesota this 24th day of July, 2007. Debbie Goettel, Mayor ATTEST: Nancy Gibbs, City Clerk • 072407 -Revoke SUP 6545 Portland • ~- STAFF REPORT RESOLUTION 17 207 AGENDA SECTION: AGENDA ITEM # REPORT # CITY COUNCIL MEETING JULY 24, 2007 U REPORT PREPARED BY: KRISTIN ASxER, ASSISTANT CITY ENGINEER NA,~ TI7zE COUNCIL PRESENTER: DEPARTMENT DIlZECTOR ~ G' '~ REVIEW: ® JLQ;C~ SIGNATTI REVIEWED BY CITY o MANAGER: D /ilk/Jl . ITEM FOR COUNCIL CONSIDERATION: Consideration of a resolution establishing just compensation and authorizing the purchase of easements needed to complete the 66th Street & Portland Avenue Intersection Project at 6644 Portland, 6629 Portland, 6636. Portland, 6630 Portland, 6624 Portland, 6620 Portland, and 6616 Portland Avenue. I. RECOMMENDED ACTION: By Motion: Approve a resolution establishing just compensation arid authorizing purchase of permanent and temporary easements located at 6644 Portland, 6629 Portland, 6636 Portland, 6630 Portland, 6624 Portland, 6620 Portland, and 6616 Portland Avenue. • II. BACKGROUND The 66th Street and Portland Avenue Intersection Improvement Project requires additional right of way: In addition to total acquisitions and major partial takes some minor permanent and temporary construction easements are required in order to improve the pedestrian conditions in the project area. Minimum Damage Acquisition Reports were prepared for each of the properties at 6644, 6629, 6636, 6630, 6624, 6620 and 6616 Portland Avenue South. The recommended determinations of just compensation for each of those properties are, 0724PortlandPartials respectively, $3,100, $1,300.00, $2,000, $2,000, $1,600, $1,600 and $3,600. • Those amounts reflect the estimated damages caused by the permanent sidewalk and utility easements and temporary construction easements needed to complete work- adjacent to the properties and will be the basis for the offers to the property owners. III. BASIS OF RECOMMENDATION A. POLICY • Right of way acquisition procedures set forth by the Minnesota Department of Transportation and the Federal Highway Administration are being followed. B. CRITICAL ISSUES • Properties are being processed for Council's consideration for just compensation and purchase authorization as staff receives appraisals. C. FINANCIAL • Hennepin County using Community Works Funds will provide funding forthe purchase of these easements. • D. LEGAL • The City attorneys have overseen the right of way acquisition process and will be available to answer any questions. IV. ALTERNATIVE RECOMMENDATION~S~ • Council may choose to delay approval of the just compensation and authorization to acquire these easements. V. ATTACHMENTS • Resolution establishing just compensation and authorizing purchase of real estate property and necessary easements from properties located at 6644 Portland, 6629 Portland, 6636 Portland, 6630 Portland, 6624 Portland, 6620 Portland, and 6616 Portland. VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None. ~~~I RESOLUTION NO. • RESOLUTION ESTABLISHING JUST COMPENSATION AND AUTHORIZING PURCHASE OF PERMANENT SIDEWALK AND UTILITY EASEMENTS AND TEMPORARY CONSTRUCTION EASEMENTS LOCATED AT 6644 PORTLAND, 6629 PORTLAND, 6636 PORTLAND, 6630 PORTLAND, 6624 PORTLAND, 6620 PORTLAND, AND 6616 PORTLAND (66TH STREET AND PORTLAND AVENUE INTERSECTION IMPROVEMENT PROJECT) WHEREAS, the City of Richfield, Minnesota desires to purchase certain necessary easements pursuant to and in furtherance of the 66th Street and Portland Avenue Intersection Improvement Project (Project) heretofore adopted by the .City of Richfield (City) said real. property being described on Exhibit A, together with all abutting streets and alleys, vacated or to be vacated, and all easements, gaps, overlaps and gores, appurtenant thereto; and WHEREAS, the City has adopted a layout for Project improvements; and WHEREAS, the Project improvements necessitate the purchase of real property and easements appurtenant thereto; and WHEREAS, the City is authorized by Minnesota Statutes to acquire real property and easements within its corporate .boundaries; and • WHEREAS, the City has caused minimum damage assessments for the properties to be made by qualified professionals to determine fair market value of real estate and easements; and WHEREAS, the Richfield Public Works Department has reviewed the damage assessment reports prepared for the properties and concur that the recommended amounts should be determined by the City Council as the just compensation for such properties, as indicated in Exhibit A; and WHEREAS, the Richfield Public Works Department has also recommended that the City proceed to make offers to the owners of the properties in the just compensation amounts of $3,.100 for the 6644 Portland Avenue permanent sidewalk and utility easement and temporary construction easement, $1,300 for the 6629 Portland Avenue permanent sidewalk and utility easement and temporary construction easement, $2,000. for the 6636 Portland Avenue permanent sidewalk and utility easement and temporary construction easement, $2,000 for the 6630 Portland Avenue permanent sidewalk and utility easement and temporary construction easement, $1,600 for the 6624 Portland Avenue permanent sidewalk and utility easement and temporary construction easement, $1,600 for the 6620 Portland Avenue permanent sidewalk and utility easement and temporary construction easement, and $3,600 for the 6616 Portland Avenue permanent sidewalk and utility easement and temporary construction easement. WHEREAS, the just compensation amounts indicated are consistent with said appraisal reports and review appraisal reports. I ~- ~- NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield, Minnesota as follows: 1. That the total just compensation for each of the individual parcels of real estate and easements are found to be the amounts indicated in this resolution. 2. That the City's staff and consultants are authorized and directed to submit to property owners the City's offer to pay such just compensation amount for all interests in each such property and commence negotiations for the purchase of said property interests. 3. That the City's staff and consultants are hereby directed to notify, in writing, the owners of the properties that the City intends to acquire the property indicated in Exhibit A. 4. That the City Manager and Mayor are authorized to execute purchase agreements in a form acceptable to them and take all other actions necessary to complete the purchase of the property and easements for the amount of just compensation set forth in this resolution. Adopted by the City Council of the City of Richfield, Minnesota this 24th day of July, 2007. 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