10-23-07 Agenda
.
.
'.
CITY OF RICHFIELD, MINNESOTA
" TUESDAY, OCTOBER 23, 2007
*******************************************************************************************************
SPECIAL CITY COUNCil WORKSESSION
COUNCil CHAMBERS
6700 PORTLAND AVENUE
5:30 P.M.
AGENDA
Call to order
RoU- call
5:30 - 6:10 p.m.
1. Discussion regarding Comprehensive Plan update (Council Memo No.1 95)
Notes:
6:10 - 6:50 p.m.
2. Discussion regarding Surface Water Comprehensive Plan (Council Memo No. 196)
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 register~d prior to the meeting.
Notes:
Presentation of Colors by Girl Scout Troop 11385
. Pledge of Allegiance with Girl Scout Troop 11385
Approval of minutes of (1) Special City Council Closed Executive Session of September
19,2007; (2) Special City Council Meeting of October 9,2007; (3) Special City Council
Worksession of October 9,2007; (4) Regular City Council Meeting of October 9,2007; and
(5) Special City Council Meeting of October 16, 2007
PRESENTATIONS
1. Introductions of recently-hired Richfield Firefighters Mark Butler, Jim Kensella and Mark
Watczak; and recently-promoted Fire Lieutenant Mark Armstrong and Assistant Fire
Chief Wayne Kewitsch
COUNCIL DISCUSSION
2. Council discussion
. Hats Off To Hometown Hits
Notes:
AGENDA APPROVAL
.3. Council approval of agenda
CONSENT CALENDAR
.
4. Consent Calendar contains several separate items, which are acted upon by the City
Council in one motion. Once the Consent Calendar has been approved, the individual
items and recommended actions have also been approved. No further Council action is
necessary. However, any Council Member may request that an item be removed from
the Consent Calendar and placed on the regular agenda for Council discussion and
action. All items listed on the Consent Calendar are recommended for approval.
A. Consideration of approval of continuing public hearing and second reading to
November 13, 2007 regarding new on-sale intoxicating and Sunday liquor licenses
with optional 2 a.m. closing and renewing license for 2008 for Champs Operating
Corporation d/b/a Champps Restaurant, 790 West 66th Street S.R. No. 266
B. Consideration of approval of first reading of ordinance amending Richfield City
Code Appendix D establishing fee schedule for certain permits and applications and
scheduling second reading for November 27,2007 S.R. No. 267
C. Consideration of approval of first reading of transitory ordinance authorizing sale of
excess right-of-way real property at 6600 Oakland Avenue for right-of-way
purposes and scheduling public hearing and second reading for November 27,
2007 S.R. No. 268
D. Consideration of approval of resolutions for submittal of applications to Hennepin
County for Environmental Response Fund Grant; Minnesota Department of
Employment and Economic Development (DEED) for Contamination Investigation
and Response Action Plan Development Grant,. and Met Council Metropolitan
Livable Communities Tax Base Revitalization Account Grant for contamination and
groundwater cleanup at 6700 Cedar Avenue S.R. No. 269
.
.
.
E. Consideration of approval of resolution affirming and ratifying submittal of
application to Hennepin County for Environmental Response Fund Grant for
environmental clean up work required on 66th Street and Portland Avenue
intersection, including 6545 Portland Avenue (BP Amoco), 6544 Portland Avenue
(Mr. Tire), portions of 601 East 66th Street (T& T Automotive) and 6600 Portland
Avenue (Sinclair) S.R. No. 270
F. Consideration of approval of resolution authorizing execution of license agreement
between City of Richfield, Kensington Park Retail (Cornerstone Group) and CSM
Investors for shared parking at municipal liquor store at 7700 Lyndale Avenue S.R.
No. 271
G. Consideration of approval of temporary on-sale 3.2 percent malt liquor license and
public dance license for Church of St. Peter/Blessed Trinity Catholic School for
annual Fiesta on November 3,2007 S.R. No. 272
Notes:
5. Consideration of items, if any, removed from Consent Calendar
Notes:
PUBLIC HEARINGS
6. Public hearing regarding resolution amending the City's Comprehensive Plan
designating 6745 Blaisdell Avenue as "quasi-public" rather than "single-family
residential" to allow The Church of St. Peter to utilize property
Staff Report No. 273
Notes:
7. Public hearing regarding resolution denying appeal from decision of Hearing Examiner
and affirming Hearing Examiner's decision to deny variance for reduced side yard
setback at 7238 Blaisdell Avenue
Staff Report No. 274
Notes:
OTHER BUSINESS
.
.
.
8. Consideration of land exchange agreement between City and Timothy and Luanne
Teachout (T & T Automotive) as part of 66th Street and Portland Avenue intersection
project
Staff Report No. 275
Notes:
9. Consideration of bid minutes and tabulation and award of contract to Prestige Builders
of MN for improvements at Fire Station #2,6401 Penn Avenue, in amount of $247,600
Staff Report No. 276
Notes:
CITY MANAGER'S REPORT
10. City Manager's report
Notes:
11 . 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:
12. Adjournment
*******************************************************************************************************
SPECIAL CITY COUNCIL WORKSESSION
COUNCIL CHAMBERS
6700 PORTLAND AVENUE
IMMEDIATELY FOLLOWING REGULAR CITY COUNCIL MEETING
AGENDA
. Call to order
Roll call
1. Continuation of discussion regarding Surface Water Comprehensive Plan
Notes:
2. Discussion regarding roundabout education/communication (Council Memo No. 197)
Notes:
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:
AGENDA ITEM #
REpORT #
CONSKNT
4A
266
......
STAFF REpORT
RICHFIELD
CITY COUNCIL MEETING
OCTOBER 23, 2007
REpORT PREPARED By:
BETSY OSBORN, SUPPORT SERVICES
DIVISION MANAGER
NAME, TITLE
COUNCIL PRESENTER:
DEPARTMENT DIRECTOR
REVIEW:
121/
REVIEWED BY CITY
. MANAGER:
.
ITEM FOR COUNCIL CONSIDERATION:
Continue the public hearing and second reading of new on-sale intoxicating and Sunday liquor
licenses with optional 2 a.m. closing, and renewal of this license for 2008, for Champps
Ooeratina Corporation d/b/a Champps Restaurant, 790 W. 66th Street.
1. RECOMMENDED ACTION:
By Motion:
. Continue to November 13, 2007, the public hearing and second
reading for the consideration of new on-sale intoxicating and
Sunday liquor licenses with optional 2 a.m. closing, for Champps
Operating Corporation d/b/a Champps Restaurant, 790 W. 66th
Street.
. In addition, at that time, approve the renewal of the on-sale
intoxicating and Sunday liquor licenses for 2008 for Champps
Restaurant.
I II.
BACKGROUND I
A public hearing to consider the request for on-sale intoxicating an(j Sunday liquor
licenses with optional 2 a.m closing, was previously scheduled for October 23.
However, the background investigation has not yet been completed and staff will
1023 Continuation of Champps New Liquor Licenses and 2 p.m. Closing
.
.
.
need additional time to complete the licensing process. The public hearing,
therefore, will need to be continued to the November 13 Council Meeting.
1 III.
BASIS OF RECOMMENDATION I
1 A. POLICY 1
. The background investigation and licensing process must be
completed before it is approved by the City Council.
1 B. CRITICAL ISSUES
. N/A
I C. FINANCIAL
. N/A
.1 D. LEGAL
. N/A
I IV. ALTERNATIVE RECOMMENDATION(S) 1
. Reject the applications for new on-sale intoxicating and Sunday liquor
licenses with optional 2 am closing for Champps Restaurant.
. Schedule the hearing for another date; however, this may delay the licensing
process.
I V. ATTACHMENTS
. N/A
1 VI. PRINCIPAL PARTIES EXPECTED AT MEETING
. N/A
.
.
.
AGENDA SECTION:
AGENDA ITEM #
REpORT #
CONSENT
4B
267
.......
STAFF REpORT
RICHFIELD
CITY COUNCIL MEETING
OCTOBER 23, 2007
REpORT PREPARED By:
RICK REGNIER, BUILDING OFFICIAL
NAME, TITLE
COUNCIL PRESENTER:
DEPARTMENT DIRECTOR
REVIEW:
REVIEWED BY CITY
MANAGER:
ITEM FOR COUNCIL CONSIDERATION:
Consideration of an ordinance amendment to Richfield City Code Appendix D establishing a
fee schedule for certain permits and applications and set second reading for November 27,
2007.
1. RECOMMENDED ACTION:
By Motion:
· Approve first reading of the attached ordinance amendment to
Richfield City Code Appendix D establishing a fee schedule for
certain permits and applications.
· Set second reading for November 27, 2007.
I II.
BACKGROUND I
· The Inspections Division of the Department of Public Safety is recommending
that fees for building, plumbing, electrical, HVAC and sign permits be increased,
effective January 1, 2008.
· The Community Development Department is recommending changes in certain
land use permit fees and updates to coincide with the pending changes to the
zoning code.
1023 Ordinance Amendment to Appendix D
I III. BASIS OF RECOMMENDATION I
. I A. POLICY I
· City fees are intended to be established at rates that reflect the current
cost of providing the services associated with the fees.
I B. CRITICAL ISSUES I
· Minnesota State Statute 462.353 requires that certain fees be adopted
by ordinance.
I C. FINANCIAL I
· The proposed amendment will increase fee revenues and avoid
further subsidization of those services by the general tax base.
ID. LEGAL
. None.
I IV. ALTERNATNE RECOMMENDATION(S)
. None.
.
Iv.
ATTACHMENTS
· Transitory Ordinance No. _'
· Exhibit A, Construction and Related Permit Fees and Charges.
I VI. PRINCIPAL PARTIES EXPECTED AT MEETING
. N/A
.
.
.
tf8-1
ORDINANCE NO.
TRANSITORY ORDINANCE NO.
AN ORDINANCE AMENDING APPENDIX 0
TO THE RICHFIELD CITY CODE; ESTABLISHING A FEE SCHEDULE
FOR CERTAIN PERMITS AND APPLICATIONS
THE CITY OF RICHFIELD DOES ORDAIN:
Section 1. Background
1.01 Appendix 0 to the Richfield City Code consists of the schedule of fees adopted by
the City Council, including those adopted by resolution and those adopted by
ordinance.
1.02 Minnesota Statutes, Section 462.353 requires that certain fees be adopted by
ordinance. The City Council has previously established certain fees by Transitory
Ordinance NO.18.33. The City Council has established other fees by resolution,
which resolution is also part of Appendix D.
1.03 The City Council has determined the need to update the schedule of fees under
Transitory Ordinance NO.18.33.
Section 2. Fee Schedule Adopted
2.01 The fees set forth in the attached Exhibit A are hereby adopted by ordinance.
2.02 The fees adopted at Section 2.01 of this Ordinance shall be amended only by
ordinance. Any fees established by resolution, other than those adopted at Section
2.01 of this Ordinance, may be amended from time to time by resolution of the City
Council.
Section 3. Effective date; codification.
3.01 This ordinance is effective as of January 1,2008.
3.02 A copy of this ordinance shall be included in Appendix 0 to the Richfield City Code,
immediately prior to the resolution establishing fees.
3.03 This ordinance supersedes Transitory Ordinance No. 18.33 to the extent that
Transitory Ordinance No. 18.33 is inconsistent with this ordinance.
Adopted by the City Council of the City of Richfield, Minnesota this _ of
2007.
Debbie Goettel, Mayor
ATTEST:
. Nancy Gibbs, City Clerk
.
.
.
Lf.6- ()..
EXHIBIT A
CONSTRUCTION AND RELATED PERMIT FEES AND CHARGES
A. Investigation Fees: Work without a Permit:
Investigation. Whenever any work for which a permit is required by this code has been
commenced without first obtaining said permit, a special investigation shall be made before a
permit may be issued for such work.
Fee. An investigation fee, in addition to the permit fee, shall be collected whether or not a permit
is then or subsequently issued. The investigation fee shall be equal to the amount of the permit fee
required by this code. The minimum investigation fee shall be the same as the minimum fee set
forth in Section 2. The payment of such investigation fee shall not exempt any person from
compliance with all other provisions of this code nor from any penalty prescribed by law.
B. Permit fee refunds:
The building official may authorize refunding of not more than 80 percent of the permit fee paid
when no work has been done under a permit issued in accordance with this code.
The building official may authorize refunding of not more than 80 percent of the plan review fee
paid when an application for a permit for which a plan review fee has been paid is withdrawn or
canceled before any plan reviewing is done.
The building official shall not authorize refunding of any fee paid except on written application
filed by the original permittee not later than 180 days after the date of fee payment.
TYPE OF PERMIT SECTION
OR LICENSE REQUIRING DESCRIPTION FEE
(a) Inspections outside of normal business hours $-55,Q() $60.00
(minimum charge - two hours) per hour
(b) Reinspection fees $-5&.00-.160.00
(minimum charge ~ $35.00) per hour
(cl Inspections for which no fee is specifically $-5&.OO.$.9Q.00
indicated (minimum chame . one-half hour) per hour
(d) Additional plan review required by changes, $-5&.00 .MQ.OO
additions or revision to plans (minimum charge per hour
- two hours)
(e) Fee to reissue building inspection record $35.00
card
*Or the total hourly cost to the jurisdiction, whichever is the greatest. This cost shall include supervision,
overhead, equipment, hourlv waaes and frinae benefits of the employee involved.
(1) Building Permits 400.03-400.09 $1 to $500 $35.00
(includes one inspection)
Each additional insoection ~ $35.00
$501 to $2,000 $23.50 for the first $500 plus $3.05 each
additional $100, or fraction thereof, to
and including $2,000 with a minimum
fee of $35.00.
$2,001 to $25,000 $69.25 for the first $2,000 plus $14.00 for
each additional $1,000, er fraction
thereof, to and includinq $25,000.
$25,001 to $50,000 $391.25 for the first $25,000 plus
$10.10 for each additional $1,000, or
fraction thereof, to and including
$50,000.
A-I
.
.
.
4
J8 -.':J,
TYPE OF PERMIT SECTION
OR LICENSE REQUIRING DESCRIPTION FEE
$50,001 to $100,000 $643.75 for the first $50,000 plus $7.00
for each additional $1,000, or fraction
thereof, to and includina $100,000.
$100,001 to $500,000 $993.75 for the first $100,000 plus $5.60
for each additional $1,000, or fraction
thereof, to and includina $500,000.
$100,001 to $500,000 $993.75 for the first $100,000 plus $5.60
for each additional $1 ,000, or fraction
thereof, to and includina $500,000.
$500,001 to $1,000,000 $3,233.75 for the first $500,000 plus
$4.75 for each additional $1,000, or
fraction thereof, to and including
$1,000,000.
1,000,001 and up $5,608.75 for the first $1,000,000 plus
$3.65 for -each additional $1,000, or
fraction thereof.
(2) Driveway, Parking 515.05 (no permit fee for sidewalks) $ 25.00
Area Permits
(3) Swimming 420.00 Permanent ~ or .E'.ortable belo"", ground
pools are based on Building PermiU~S2?_._1YLtb.._Q. $ 35.00
minimum of . Portable Pools
(f'lo foo shall be charged for construction or
erection of any pool 2-1 inch os or loss in depth at its
deopest part and not exceoding 177 sq ft in '.vater
surface)
(4) Plan Review Fee 400.03-400.09 35% of building permit fee for one and two family dwelling
detached garages and basement remodels
65% of building permit fee for all other building permits, except no fee
for the following:
(a) Existing single family dwelling minor nonstructural alterations.
(b) Single and two family dwelling repair and maintenance work.
(c) Commercial and industrial repair and maintenance work not
exceeding $1,000 or where plans are not required.
Plan review fee for Maximum 25% of permit fee based on Minnesota State Building
similar buildings Code 1300.0160
(5) Contractors License Charged once each time a contractor applies for $ 5.00
Verification Fee permit(s)
(6) Moving Dwellings 845 Pre-inspection Fee: IN Richfield $ 35.00
and Buildings other
than Dwellings OUTSIDE Richfield $ 70.00
Moving Permit Fee:
WITHIN Richfield $ 35.00
INTO Richfield $ 70.00
Movina Out of City $ 35.00
(7) Garage Moving 845 Pre-inspection Fee:
(if relocated in City) $ 35.00
Garaoe Movina Permit Fee $ 35.00
A-2
.
TYPE OF PERMIT
OR LICENSE
(8) Structure
Demolition
(9) Plumbing
Permit
(10) Plumbing
Permit
SECTION
REQUIRING
400.00-400.09
400.03-400.09
400.03-400.09
(11) Electrical Permit 400.03-.400.09
.
(12) Electrical Permit 400.03-400.09
Commercial
(13) Electrical Permit 400.03-400.09
Signs
(14) Heating, 400.03-400.09
Ventilating, Air
Conditioning
and
Refrigeration
Residential
.
Heating,
Ventilating, Air
Conditioning
and
Refrigeration
Commercial
413 - '-/
DESCRIPTION
(a) Commercial
D~molition cost as per Building Permit Schedule
with a minimum of $
(b) Dwelling
1. One or two story $
Residential - Garaae and lesser structure $
Residential
Minimum Fee 2% of Total Job cost with a minimum of $
(includes one inspection)
Each additional inspection $
Commercial/lndustriaI/Multi-familv- Based on Total
J~~~ $
2% of Estimated Job cost with a minimum of
(includes one inspection) $
Each additional inspection
Plan Review 10% of permit fee when the iob cost
exceeds $50,000
Residential
(a) Minimum Fee which includes one inspection $
(b) Each additional Inspection $
(c) Complete Wiring Fee:
Single Family Dwelling and each dwelling unit of $
a two family dwelling and includes not more than
three inspection.
(d) New Service - up to 200 amps $
(e) Temporary Service - (for construction) $
(f) Installation, addition alteration, or repair of $
each circuit or feeder
(g) Swimming pool or exterior hot tub $
Commercial, Industrial and multiple dwellings
(more than two units) and Technology systems:
Minimum Fee which includes one inspection $
Each additional inspection $
FEE
35.00
35.00
35.00
35.00
25.00 $35.00
45.00
25.00 $35.00
35.00
25.00 $35.00
] 25.00$150.00
35.00 $55.00
35.00 $45.00
8.00
55.00
45.00
25.00 $35.00
(a) Based on total job cost $ 45.00
- 2% of estimated job cost with a minimum of
- Over $50,000 - Feel $1 ,000.00
plus 1 1/2% of cost over $50,000.00 $ 185.00
(b) Traffic Signals: Per Intersection
(c) Fire Alarm: Based on 3/4% of cost of electrical $ 45.00
job to customer with a minimum of
(d) Carnivals, festivals and similar events $ 110.00
plus $35.00 for each service on generator
Based on 2% of cost of electrical job to customer
with a minimum of $ 45.00
(separate electrical oermit reauired for siqnsl
Central Systems and Additions, Alterations and
Repairs $ 35.00
1 1/2% estimated cost with a minimum of
(Includes one inspection) $ 25.00_$.~5-,QQ
Each additional inspection
Central Systems and Additions, Alterations and
Repairs
1 1/2% estimated cost with a minimum of
A-3
$ 45.00
.
.
.
48-0
TYPE OF PERMIT SECTION
OR LICENSE REQUIRING DESCRIPTION FEE
(15) Heating, Fuel 400.03-400.09 Tanks (Installation modification, removal.
Ventilation, Air abandonment)
Conditioning, Each above ground tank $ 100.00
Refrigeration Each below ground tank $ 100.00
Storage Tanks For installation or alteration of pipinglQL~Q~;tth!Oli $ ~50.QQ
(16) Sign Installation 415.01 ~415.11 (a) Temporary sign permit $ ~35,QQ
(b) Permanent sign (any size) $ 75.00
(c) Building permit is required for sign support
structures Fees based on building permit fee
schedule
ZONING, LAND USE AND RELATED CHARGES
TYPE OF PERMIT SECTION
OR LICENSE REQUIRING DESCRIPTION FEE
(1) *Planned Unit ~ 542 (a) $500 plus $5/ $1 ,000 of project value up to a
Development maximum fee of $ 3,500.00
(b) PUD Plan Amendment fee - major $ 550.00
Ie) PUD Plan Amendment fee - minor $ 250.00
(2) Site Plan Review ~ (a) $500 plus $5 / $1,000 of project value to a maximum
~ fee of $ 3,500.00
Transitional Activity 547 (b) Plan Amendment Fee $ 550.00
~ ~
S2M~ $300 plus $5/$1,000 of project value up to a maximum $ 3,000.00
fee of
(3) *Variance ~547 Residential $ 250.00
Non Residential $ 450.00
Extension $ 75.00
Variance Appeal Residential and Non Residential $ -J-OO.,GO
150.00
(4) *Conditional Use ~547 (a) change in use or amendment other than building $ 350.00
Permit addition
(b) new construction or building addition up to 20,000 $ 600.00
sq. Ft.
(c) new construction or building addition over 20,000
sq. Ft. $600 + $.50/$1,000 of construction value up to $ 3,500.00
a maximum fee of
(5) Interim Use Permit 547 $350.00
{5-t.(2L *Zoning District 5-4&W 547 $ 500.00
Chanae
WiZL *Subdivision 500.01-500.05 $ 500.00
Approval
Subdivision Waiver 500.05-Subd. 2 $ 350.00
* Any additional expense of notification necessitated by applicants request for continuance will be charged to the
applicant.
f7tiliL Off street Parking MhG7 (a) As part of conditional use pormit process ~Jo Fee
J2efffij.j: 800.15 800.23 (b)ln conjunction with permitted usa $ 300.00
(9) Street Vacation 820 $ 350.00
f9+D.Ql. Conditional 521. 103 $ 300.00
-". .,., . ,,- -,.
A-4
.
.
.
4A-f.n
TYPE OF PERMIT SECTION
OR LICENSE REQUIRING DESCRIPTION FEE
(10) Nonconforming Use 521.105 $ 400.00
J2efmi:j:
(11) Appeal to Board of 54Z $ 350.00
Adj. & Appeals
(12) Special Request to $ 350.00
City Council
(13) Zoning Compliance $ 50.00
Letter
f+4}lJAl Comprehensive $ 350.00
Plan Amend. $.5QQ,QQ
(15) Home Occupation $ 25.00
J2efmi:j:
{+et.LL2.LPlat: preliminary $ 500.00
& final
PUBLIC WORKS FEES
TYPE OF PERMIT SECTION
OR LICENSE REQUIRING DESCRIPTION FEE
(8) Utility Services
Sanitary Sewer 700.05 All land uses
New Service $ 100.00
Repair $ 100.00
Disconnect $ 100.00
Replacement $ 100.00
Water Service 715.01 All land uses
New Service $ 100.00
Repair $ 100.00
Disconnect $ 100.00
Replacement $ 100.00
Turn on/off $ 35.00
Meter Installation $ 35.00
Private Hydrant $ 50.00
Storm Sewer 720 All land uses
New Service $ 100.00
Repair $ 100.00
Disconnect $ 100.00
Replacement $ 100.00
A-5
.
.
.
FIRE SERVICES FEES
48-1
TYPE OF PERMIT SECTION
OR LICENSE REQUIRING DESCRIPTION . FEE
(6) Fire Extinguishing Based on Building Permit fee schedule with a
System Permit minimum of: $ 50.00
Plan review fee: 65% of building permit fee, except
no fee for the following:
a) no charae for valuation of $1 ,000 or less
(7) Fire Alarm Systems Based on Building Permit fee schedule with a
minimum of: $ 50.00
Plan review fee: 65% of building permit fee, except no
fee for the following:
a) no charae for valuation of $1 ,000 or less
(8) Flammable or Based on Building Permit fee schedule with a
Combustible minimum of: $ 50.00
Underground
Storage Tanks Plan Review fee: 65% of building permit fee, except
no fee for the following:
(a) no charge for valuation of $1 ,000 or less
UnderQround Tank Removal $ 100.OO/Tank
MISCELLANEOUS FEES
TYPE OF PERMIT SECTION
OR LICENSE REQUIRING DESCRIPTION FEE
(3) Antenna 426 (a) CWTS antenna permit application fee $ 75.00
Commercial (b) Antenna permit fee for additional antennas $ 25.00
Wireless added to an existing antenna location
Telecommunication
Service(CWTS)
A-6
.
.
.
AGENDA SECTION:
AGENDA ITEM #
REpORT #
CONSENT
, 4C
268
.....
STAFF REpORT
RICHFIELD
CITY COUNCIL MEETING
OCTOBER 23, 2007
REpORT PREPARED By:
. KRISTIN ASHER, ASSISTANT CITY
ENGINEER
NAME, TITLE
COUNCIL PRESENTER:
DEPARTMENT. DIRECTOR
REVIEW:
REVIEWED BY CITY
MANAGER:
ITEM FOR COUNCIL CONSIDERATION:
First reading ot a Transitory Ordinance authorizing the sale ot excess right-ot-way real
property at 6600 Oakland Avenue and scheduling a public hearing and second reading tor
November 27, 2007.
I. RECOMMENDED ACTION:
By Motion: Approve first reading of the attached Transitory
Ordinance authorizing the sale of excess right-of-way real property at
6600 Oakland Avenue for right-of-way purposes and scheduling a
public hearing and second reading for same on November 27,2007.
I II. BACKGROUND I
The City has undertaken a project to improve the intersection ot 66th Street and
Portland Avenue. In connection with that project, the City acquired the property at
6600 Oakland Avenue. Approximately one-quarter ot that site will be needed tor the
road right-ot-way, and the remainder ot the site is excess right-ot-way.
The City also needs to acquire right-of-way for the intersection project from the T& T
Automotive site, which adjoins the 6600 Oakland parcel on the west. City staff are
currently engaged in negotiations with the owner of the T& T Automotive, Timothy
Teachout, to exchange a portion ot the excess right ot way trom the 6600 Oakland
1023FirstRead6600
.
.
.
4C-/
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 Timothy M. Teachout and Luanne M. Teachout, husband and wife
or such other entity or person as may be designated by them 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 all
documents, purchase agreements, 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 _ day of
2007 by the Richfield City Council.
Debbie Goettel, Mayor
ATTEST:
Nancy Gibbs, City Clerk
.
.
.
LlC....d.-
EXHIBIT A
Legal description ofthe Cornerstone Remnant Parcel.
That part of Lot 18, Auditor's Subdivision No. 340, according to said plat on file and of record in
the office of the County Recorder, Hennepin County, Minnesota, which lies southerly of the
northerly 28.00 feet thereof.
.
("') en
-. en
~g
acn
~:r
g..~
ffi'Qo
is:-o
- 0
3:;:1.
::i. Ii"
:;, ~
CD a.
tn )>
i=
~
e
CD
S"
fit
ti1
CD
n
-
0"
~
.
......
Qo
......
)>
e
S"
3
S.
="
~
3
~
sa>>
&t
.
.
il
H
~
PII~~ I
_ d~ I
I: "I ~
_I i-
I r
I-I Iii
I 9d
..,.
_.~
~~
~.~
\...S "
.
~"l
~J
..
~ ~ ~ i
;;; III Cl
~_ it ~ I
l5 ~ ~ :l
~ :::; II.
~
'Ill
~
~""i
I!
-'<
~o
~l
a
go
,,0
i5~ ~ '-<;
I a~
....~
.
.
.
.......
RICHFIELD
REpORT PREPARED By:
COUNCIL PRESENTER:
DEPARTMENT DIRECTOR
REVIEw:
REVIEWED BY CITY
MANAGER:
AGENDA SECTION:
AGENDA ITEM #
REpORT #
CONSENT
4D
269
STAFF REpORT
CITY COUNCIL MEETING
OCTOBER 23, 2007
CHRISTINE COSTELLO, COMMUNITY
"DEVELOPMENT SPECIALIST
NAME, TITLE
g/
u(
ITEM FOR COUNCIL CONSIDERATION:
Consideration of resolutions for submittal of applications to Hennepin County for an
Environmental Response Fund Grant, Minnesota Department of Employment and Economic
Development (DEED) for a Contamination Investigation and Response Action Plan
Development Grant, and Met Council Metropolitan Livable Communities Tax Base
Revitalization Account Grant for contamination and groundwater clean up at 6700 Cedar
Avenue.
1. RECOMMENDED ACTION:
By Motion: Adopt the attached resolutions approving submittal to
Hennepin County for an Environmental Response Fund Grant,
Minnesota Department of Employment and Economic Development
(DEED) for a Contamination Investigation and Response Action Plan
Development Grant, and Met Council Metropolitan Livable
Communities Tax Base Revitalization Account Grant for
contamination and groundwater clean up at 6700 Cedar Avenu~.
102307-DEED, ERF, Met Council Grant Application
I II.
B~K~OIDID I
The pty of Richfield purchased the property at 6700 Cedar Avenue in April 2003
with funds from the Airport Noise Acquisition Program (ANAP). The property is
located within the Cedar Avenue Corridor Redevelopment Area. The site was used
as a gasoline station from 1960 to 1974. From 1974 to 2003, it operated as an
American Family Insurance Claims Center.
.
As part of the purchase of the property, a Phase I environmental investigation was
done to evaluate the potential for subsurface contaminants that resulted from
previous' land use activities. The City hired an environmental consultant in May
2003 to undertake the environmental investigation. The report stated that a soil
sample analysis found no evidence of subsurface contaminants. Also, there was no
evidence available indicating the absence or presence of the underground tanks.
The environmental investigation work was considered complete and the building
and impervious surface were removed.
In April 2007, the Richfield Housing and Redevelopment Authority (HRA) approved
a Preliminary Agreement with United Bankers' Bank (UBB). The purpose of the
Preliminary Agreement was to explore the development feasibility for a 2.5-acre site
south of the Decision One building, which includes the property at 6700 Cedar
Avenue. Also, in April, the City granted to UBB a right-of-entry for purposes of
conducting environmental evaluation.
.
UBB hired American Engineering Testing Inc. (AET) to complete the environmental
work. Their work consisted of soil probing for subsurface contamination. Their lab
analysis indicated that there isa "minor" release ofgroundwater contamination.
Though "minor', it is still above the allowed limit by the Minnesota Department of
Health (MDH).
In order to bring contaminated land back into productive use, the property is
enrolled in the Minnesota Pollution Control Agency's Voluntary and Investigation
and Cleanup (VIC) program. VIC provides technical assistance and legal
assurances for individuals or businesses seeking to investigate or cleanup
contaminated property. As part of the VIC program, the City is required to further
investigate the soil contamination and determine the extent of the contamination
and the appropriate action to take (monitor or cleanup).
To assist in the financial aspect of the investigation and any potential cleanup of the
property, DEED, Met Council and Hennepin County have grant programs for the
investigation and cleanup of contaminants. It is necessary to submit an application
to access funds to assist with the investigation and potential cleanup. A
requirement of the grant process is a resolution indicating the City Council's support
of the application.
.
I III. BASIS OF RECOMMENDATION I
I A. POLICY I
. It is appropriate to seek outside funding whenever possible.
.
.
.
I B.
CRITICAL ISSUES I
. Receiving a "No Action" letter from the VIC program provides
environmental closure to the City and any developer.
. Not completing the investigation and cleanup could make the
redevelopment more expensive.
I C. FINANCIAL I
. A local match is required for the DEED grant of 25%. However, the
MetCouncil funds could be used as part of the required local match of
the DEED grant (up to 13% of the local match).
. The remaining 12% of the match can come from funds available from
the HRA Cedar Corridor budget.
I D. LEGAL I
· The program guidelines for all three grants requires the City Council to
pass a resolution in support of the applications.
I IV. ALTERNATIVE RECOMMENDATION(S) I
· Deny authorization and direct staff to withdraw the applications.
Iv.
ATTACHMENTS I
· Resolution authorizing application to DEED for a Contamination Investigation
and Response Action Plan Development Grant funding.
· Resolution authorizing application to Met Council Metropolitan Livable
Communities Tax Base Revitalization Account Grant funding.
· Resolution authorizing application to Hennepin County for Environmental
Response Fund Grant funding.
I VI. PRINCIPAL PARTIES EXPECTED AT MEETING
· N/A
.
RESOt~TI~N NO.
RESOLUTION AFFIRMING AND RATIFYING CITY'S STAFF SUBMITTAL OF
AN APPLICATION AND COMMITTING LOCAL MATCH AND AUTHORIZING
CONTRACT SIGNATURE TO THE MINNESOTA DEPARTMENT OF EMPLOYMENT
AND ECONOMIC DEVELOPMENT (DEED) FOR CONTAMINATION INVESTIGATION
AND RESPONSE ACTION PLAN DEVELOPMENT GRANT FUNDS FOR 6700 CEDAR
AVENUE
WHEREAS the City of Richfield (the "City"} is a city located within Hennepin County
and is therefore eligible to access the contamination Investigation and Response Action
Plan Development Grant Fund; and
WHEREAS the City has the institutional, managerial and financial capability to
ensure adequate project administration; and
WHEREAS the City certifies that it will comply with all applicable laws and
regulations as stated in the contract agreements.
NOW, BE IT RESOL VE~ that the City of Richfield has approved the contamination
Cleanup grant application submitted to the Department of Employment and Economic
Development (DEED) on October 23, 2007, by the City of Richfield for the 6700 Cedar
Avenue site.
.
BE IT FURTHER RESOLVED that the City of Richfield act as legal sponsor for
project(s) contained in the Contamination Cleanup Grant Program to be submitted on
November 1,2007, and that the City Manager is hereby authorized to apply to the
Department of Employment and Economic Development for funding of this project on
behalf of the City of Richfield; and
BE IT FURTHER RESOLVED that the City of Richfield has the legal authority to
apply for financial assistance, and the institutional, managerial, and financial capability to
ensure adequate project administration; and
BE IT fURTHER RESOLVED that the sources and amounts of the local match
identified in the application are committed to the project identified; and
BE IT FURTHER RESOLVED that the city of Richfield has not violated any
Federal, State or local laws pertaining to fraud, bribery, graft, kickbacks, collusion, conflict
of interest or other unlawful or corrupt practice, and
BE IT FURTHER RESOLVED that upon approval of its application by the state, the
City of Richfield may enter into an agreement with the State of Minnesota for the above-
referenced project(s), and that the City of Richfield certifies that it will comply with all
applicable laws and regulation as stated in all contract agreements.
NOW, THEREFORE BE IT FINALLY RESOLVED that the City Manager is hereby
authorized to execute such agreements as are necessary to implement the project(s) on
behalf of the applicant.
Adopted by the City Council of the City of Richfield, Minnesota this 23rd day of
October 2007.
Debbie Goettel, Mayor
.
ATTEST:
Nancy Gibbs, City Clerk
. LfD-:1
RESOLUTION NO.
.
RESOLUTION AFFIRMING AND RATIFYING CITY'S STAFF SUBMITTAL OF
AN APPLICATION TO METROPOLlTAIN COUNCIL
FORTHE TAX BASE REVITALIZATION ACCOUNT GRANT FUNDS
FOR 6700 CEDAR AVENUE
WHEREAS the City of Richfield (the "City") is a participant in the Livable
Communities Act's Housing Incentives Program for 2007 as determined by the
Metropolitan Council, and is therefore eligible to make application for funds under the Tax
Base Revitalization Account; and
WHEREAS the City has identified a clean-up project within the City that meets the
Tax Base Revitalization account's purpose/s and criteria; and
WHEREAS the City has the institutional, managerial and financial capability to
ensure adequate project administration; and
WHEREAS the City certifies that it will comply with all applicable laws and
regulations as stated in the contract agreements.
NOW, THEREFORE BE IT RESOLVED that the City Council of Richfield agrees to
act as legal sponsor for the project contained in the Tax Base Revitalization grant
application submitted on NovelT)ber 1, 2007 and authorizes the Mayor and City Manager to
execute such agreements as are necessary to implement the project on behalf of the
.. applicant.
Adopted by the City Council of the City of Richfield, Minnesota this 23rd day of
October 2.007.
, ,
Debbie Goettel, Mayor
ATTEST:
Nancy Gibbs, City Clerk
.
.
.
.
4D- 3
RESOLUTION NO.
RESOLUTION AFFIRMING AND RATIFYING CITY'S STAFF SUBMITTAL OF
AN APPLICATION TO HENNEPIN COUNTY
FOR ENVIRONMENTAL RESPONSE GRANT FUNDS
FOR 6700 CEDAR AVENUE
WHEREAS the City of Richfield (the "City") is a city located within Hennepin County
and is therefore eligible to access the Environmental Response Fund (ERF) Grant; and
WHEREAS the City has the institutional, managerial and financial capability to
ensure adequate project administration; and
WHEREAS the City certifies that it will comply with all applicable laws and
regulations as stated in the contract agreements.
NOW, THEREFORE BE IT RESOLVED that the City Council affirms and ratifies the
submittal of applications to Hennepin County Department of Environmental Services on
behalf of the City of Richfield and authorizes the Mayor and City Manager to execute such
agreements as are necessary to implement the project on behalf of the applicant.
Adopted by the City Council of the City of Richfield, Minnesota this 23rd day of
October 2007.
~
Debbie Goettel, Mayor
ATTEST:
Nancy Gibbs, City Clerk
.
.
.
AGENDA SECTION:
AGENDA ITEM #
REpORT #
CONSENT
4E
270
....
STAFF REpORT
RICHFIELD
CITY COUNCIL MEETING
OCTOBER 23, 2007
REpORT PREPARED By:
KRISTIN ASHER, ASSISTANT CITY
ENGINEER
NAME, TITLE
COUNCIL PRESENTER:
DEPARTMENT DIRECTOR rz(
REVIEW:
REVIEWED BY CITY r-f
MANAGER: ~
ITEM FOR COUNCIL CONSIDERATION:
Consideration of a resolution affirming and ratifying submittal of an application to Hennepin
County for an Environmental Response Fund Grant for environmental clean up work on the
66th Street and Portland Avenue Intersection project.
1. RECOMMENDED ACTION:
By Motion: Adopt the attached resolution affirming and ratifying
City's staff submittal of an application to Hennepin County for a
Environmental Response Fund Grant for the environmental clean up
work required on the 66th Street and Portland Avenue Intersection,
including 6545 Portland (BP Amoco), 6544 Portland (Mr. Tire), and
portions of 601 E. 66th Street (T&T Automotive) and 6600 Portland.
(Sinclair).
I II. BACKGROUND I
The mitigation of contamination is required before a property can be redeveloped.
Hennepin County has a grant program for investigation and cleanup of potentially
contaminated property within the County. It is appropriate to submit an application
to access the funds needed to clean up the 66th & Portland Avenue project area.
The City has previously received funds from Hennepin County for the project's
1023ERFres
.
.
.
Phase" Environmental Assessment. This grant would fund the actual clean up
activities needed on the four corner properties located in the project area.
A Development Response Action Plan and Construction Contingency Plan prepared
for the project has been completed and approved by the Minnesota Pollution
Control Agency.
A requirement of the grant process is that a resolution indicating City Council
support of the application must be passed within 30 days of submittal. The
application will be submitted on November 1,2007, the deadline.
I III. BASIS OF RECOMMENDATION I
I A. POLICY I
· It is appropriate to seek outside funding whenever possible.
I B. CRITICAL ISSUES I
· The mitigation of contamination is required before a property can be
redeveloped.
· At the time of closing on the property (6545 Portland), the City agreed
to apply for theses funds on behalf ofthe former owner of the BP
Amoco Station.
I C.
FINANCIAL I
· No local match is required for the grant.
I D. LEGAL I
· The program guidelines require the City Council to pass a resolution in
support of the application.
I IV. ALTERNATIVE RECOMMENDATION(S) I
· Deny authorization and direct staff not to submit the application.
I V. ATTACHMENTS. I
· Resolution authorizing application to Hennepin County for Environmental
Response Fund Grant funding.
I VI. PRINCIPAL PARTIES EXPECTED AT MEETING
. N/A
t:,.
.
.
.
4E-/
RESOLUTION NO.
RESOLUTION AFFIRMING AND RATIFYING CITY'S STAFF SUBMITTAL OF
AN APPLICATION TO HENNEPIN COUNTY
FOR ENVIRONMENTAL RESPONSE GRANT FUNDS
FOR THE 66TH STREET & PORTLAND AVENUE SOUTH INTERSECTION
REDEVELOPMENT INCLUDING 6545 PORTLAND, 6544 PORTLAND, 6600
PORTLAND & 601 E. 66TH STREET
WHEREAS the City of Richfield (the "City") is a city located within Hennepin County
and is therefore eligible to access the Environmental Response Fund (ERF) Grant; and
WHEREAS the City has the institutional, managerial and financial capability to
ensure adequate project administration; and
WHEREAS the City certifies that it will comply with all applicable laws and
regulations as stated in the contract agreements; and
WHEREAS the City supports the 66th Street and Portland Avenue Intersection
Redevelopment project, for which an environmental financial grant is being submitted to
the Hennepin County Department of Environmental Services on November 1,2007, by the
City of Richfield; and
NOW, THEREFORE BE IT RESOLVED that the City Council affirms and ratifies the
submittal of applications to Hennepin County Department of Environmental Services on
behalf of the City of Richfield and authorizes the Mayor anp City Manager to execute such
agreements as are necessary to implement the project on behalf ofthe applicant.
Adopted by the City Council of the City of Richfield, Minnesota this- 23rd day of
October 2007.
Debbie Goettel, Mayor
ATTEST:
Nancy Gibbs, City Clerk
.
.
.
AGENDA SECTION:
AGENDA ITEM #
REpORT #
CONSENT
4F
271
......
STAFF REpORT
RICHFIELD
CITY COUNCIL MEETING
OCTOBER 23, 2007
REpORT PREPARED By:
P AT SMITH, COMMUNITY
DEVELOPMENT MANAGER
NAME, TITLE
COUNCIL PRESENTER:
DEPARTMENT DIRECTOR
REVIEW:
~
REVIEWED BY CITY
MANAGER:
ITEM FOR COUNCIL CONSIDERATION:
Consideration of a resolution regarding a License Agreement between the City of Richfield,
Kensington Park Retail (Cornerstone Group), and CSM Investors for shared parking at the
municioalliauor store located at 7700 Lvndale Avenue..
1. RECOMMENDED ACTION:
By Motion: Consideration of attached resolution regarding a License
Agreement between the City of Richfield, Kensington Park Retail
(Cornerstone Group), and CSM Investors for shared parking at the
municipal liquor store located at 7700 Lyndale Avenue.
I II.
BACKGROUND I
In December 2002 The Cornerstone Group (Cornerstone) received City Council
approval for a Final Development Plan and Conditional Use Permit for a mixed-use
development called, Kensington Park. A condition of approval required
Cornerstone to provide 50 off-site parking spaces that would be used by the
commercial tenant's employees. Cornerstone had an agreement with Lynwood
Commons Apartments (formerly Century Court Apartments), a block north of
Mainstreet Village for those parking spaces.
102307 -Cornerstone Parking Agreement
.
.
Since its opening, Kensington Park has been a success; especially the restaurant
tenants which include Chipotle, Potbelly, Starbucks, and Noodles and Company.
With the success has come an issue of parking. The commercial tenant's
employees were parking in Kensington Park's parking lot. This caused problems
with customer parking during the lunch hour and resulted in parking spilling into the
neighborhood to the west along Aldrich Avenue.
As a remedy, Cornerstone has an agreement with the owners of Hampton Inn for 20
spaces and an agreement with Lyndale Commons Apartments for 19 spaces. In
May 2007, Cornerstone, CSM Corporation and the City approved a 90-day parking
agreement in which 11 spaces were made available for Kensington Park's
employees at the municipal liquor store located at 7700 Lyndale Avenue. (See
attached map.) The initial90-day period expired September 2,2007. On August
14, 2007 the Council extended the Agreement for an additional period of 60-days or
to November 1,2007.
It was the intent of the 90-day parking Agreement, that if the operation is successful,
the City Council would be requested to extend the Agreement for a longer term.
The conditions of the 90-day parking Agreement have worked well for all three
parties.
Attached to this report is a proposed License Agreement (Agreement). The
Agreement provides for the use of liquor store parking spaces by the liquor store,
CSM and Cornerstone.
I III. BASIS OF RECOMMENDATION I
I A. POLICY I
. Cornerstone is required by the Planned Unit Development to have 50
off-site spaces for employee parking.
. There has been no change in any of the details of the Agreement. All
of the items listed below are included in the initial Agreement.
CRITICAL ISSUES I
· In the Utilities and Access Agreement between the City and CSM, the
City has the right to park in 11 parking spaces which are partially
owned by CSM and partially owned by the City because of the
location of the property lines; while CSM has the right to park in 14
spaces that are solely owned by the City and 2 spaces that are
partially owned by CSM and the City.
· Cornerstone has 20 spaces available at Hampton Inn and 19 spaces
at Lynwood Commons Apartments.
· The proposed Agreement would provide 11 non-exclusive spaces for
Cornerstone at the liquor store from 8:00 a.m. to 4:00 p.m. daily and
10 parking spaces form 4:00 p.m. to 10:00 p.m. Monday - Friday.
· CSM will have non-exclusive use of 20 parking spaces.
· The liquor store will have exclusive use of six parking spaces.
lB.
.
.
.
.
.
The liquor store manger has been part of these discussions and
supports this Agreement.
If any real estate taxes become due and payable in 2008 and any
subsequent years, Cornerstone will be required to pay those taxes
due to their use of City property.
Any party can terminate the Agreement with 10 days notice.
The Transportation Commission has been discussing parking
regulations for the west side of the 7600 block of Aldrich Avenue.
They will be considering making a recommendation for residential
parking permits at their November 7th meeting. This recommendation
would then go to a public hearing at a City Council meeting in
November.
.
.
.
Ie. FmANC~L I
· Cornerstone will be financially responsible for the appropriate
proportion of the maintenance costs of the parking lot, which equates
to $632 per year.
· The liquor store manager has opined that the Agreement will not have
a negative impact on sales. Evenings and Saturdays generate the
highest customer counts. As noted above, the Agreement can be
cancelled with a 10-day notice by any party.
ID.
LEGAL I
· Legal counsel has drafted the resolution and the Agreement.
· Cornerstone, CSM Corporation, and C,ity legal counsel have all
reviewed and are comfortable with the License Agreement.
I IV. ALTERNATIVE RECOMMENDATION(S) I
· Approved the License Agreement with modifications.
. Deny the License Agreement.
I V. ATTACHMENTS
. Resolution
. License Agreement
. Map
I VI. PRINCIPAL PARTIES EXPECTED AT MEETmG
· Representative from CSM Corporation
L/F-l
.
RESOLUTION NO.
CITY OF RICHFIELD, MINNESOTA
RESOLUTION AUTHORIZING EXECUTION OF A LICENSE AGREEMENT ALLOWING
EMPLOYEES OF KENSINGTON PARK RETAIL, LLC, TO PARK IN MUNICIPAL
LIQUOR STORE PARKING LOT.
WHEREAS, the City currently owns and operates a municipal liquor store located at
7700 Lyndale Avenue in the City of Richfield; and
WHEREAS, Kensington Park Retail, LLC, a limited liability company registered in the
State of Minnesota ("Kensington"), and CSM Investors, Inc., and CSM Shops, Inc.,
corporations registered in the State of Minnesota (collectively "CSM"), operate' retail
centers adjacent to the municipal liquor store; and
WHEREAS, Kensington is in need of additional parking spaces for its employees; and
WHEREAS, the City's municipal liquor store parking lot is subject to a Utilities and
Access Agreement that provides CSM with non-'exclusive use of sixteen parking spaces in
the municipal liquor store parking lot; and
.
WHEREAS, the City, CSM, and Kensington have collectively drafted an agreement,
subject to the approval of their respective governing bodies, that respects the City's
Utilities and Access Agreement with CSM, provides designated parking spaces for
municipal liquor store customers, and provides non-exclusive parking spaces for
Kensington employees (the "Agreement"); and
WHEREAS, the City, CSM, and Kensington have the right to terminate the Agreement
at any time for any reason; and
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Richfield,
Minnesota as follows:
1. The Agreement is hereby approved and the Mayor and City Manager are authorized
and directed to execute the Agreement on behalf of the City and to fully perform all
of the City's obligations hereunder.
Adopted this 23rd day of October, 2007, by the City Council of the City of Richfield,
Minnesota.
CITY OF RICHFIELD, MINNESOTA
Debbie Goettel, Mayor
. ATTEST:
Nancy Gibbs, City Clerk
.
.
.
4F-2
LICENSE AGREEMENT
This LICENSE AGREEMENT (hereinafter referred to as "License Agreement") made and
entered into as of this _ day of ,2007, by and between the CITY OF RICHFIELD,
MINNESOTA, a Minnesota municipal. corporation, (hereinafter referred to as the "City"),
KENSINGTON PARK RETAIL, LLC, a limited liability company registered in the State of
Minnesota (hereinafter referred to as "Kensington"), CSM INVESTORS, INC., a Minnesota
corporation, and CSM SHOPS, INC., a Minnesota corporation (hereinafter collectively referred to
as "CSM").
WITNESSETH:
BACKGROUND
The City currently owns a portion of the property that is the subject of this License
Agreement. CSM Shops, Inc., also owns property that is adjacent to the City-owned property that is
the subject to this License Agreement. Pursuant to a Utilities and Access Agreement (the
"Easement") dated October 1, 1997, and recorded as Document No. 2851514, Office of the
Registrar of Titles, and as Document No. 6795606, Office of the County Recorder, between the City
and CSM Investors, Inc., the City currently uses the City's property and portions of the adjacent
CSM-owned property as a parking lot for the customers and employees of its municipal liquor store.
CSM uses its property and sixteen parking spaces on the adjacent City-owned property for parking
for its tenants. Kensington owns a commercial retail center that is located near the City and CSM
properties that has a need for additional employee parking. Kensington has requested that the City
and CSM grant Kensington a license to use a portion of their properties for these purposes. This
License Agreement will grant Kensington non-exclusive use of up to eleven (11) parking spaces on
the City and CSM properties as provided in this License Agreement.
ARTICLE I - GRANT, TERM
1.1 LICENSED PREMISES. . The City owns a portion of the tract of land located at
7700 Lyndale Avenue South, Richfield, Minnesota, and located on land legally described and
depicted in the attached Exhibit A-I & A-2 (hereinafter the "City Property"). CSM owns parcels of
property adjacent to the City Property, and located on land legally described and depicted in the
attached Exhibit B-1. & B-2 (hereinafter "CSM Property"). In consideration of the fees, covenants
and agreements herein reserved and contained on the part of Kensington to be performed, the City
and CSM Shops, Inc., do hereby grant, and CSM Investors, Inc., does hereby consent to said grant,
a license to Kensington to use, for purposes set forth herein, a portion of their respective properties
as depicted and described on the attached Exhibit C-I and & C-2 (hereinafter the "Licensed
Premises").
The Licensed Premises is subject to the Easement, as it may be amended or replaced, between the
City and CSM which provides CSM with non-exclusive use of sixteen (16) parking spaces on the
portion of the Licensed Premises owned by the City as depicted on the attached Exhibit D-I & D-2.
The Easement between the City and CSM also provides the City with the non-exclusive use of
portions of certain parking spaces on the portion of the Licensed Premises owned by CSM as
described and depicted on the attached Exhibit E-I & E-2, respectively.
.
This License Agreement permits Kensington if::~clusive use of up to eleven (11) parking spaces
within the Licensed Premises under the conditions described in this License Agreement.
1.2 TERM. The term of this License shall commence on _, 2007.
This License is terminable at any time and for any reason by any of the parties, upon giving ten (10)
days notice to the other parties in writing. Upon termination, Kensington agrees to vacate the
Licensed Premises and deliver the same to the City and CSM.
ARTICLE II - USE OF LICENSED PREMISES
.
2.1 KENSINGTON'S NON-EXCLUSIVE USE. During the term of this License
Agreement, eleven (11) parking spaces shall be provided and available for Kensington's non-
exclusive use within the Licensed Premises in the locations depicted and identified on the attached
Exhibit H, which parking spaces may be used non-exclusively for the purpose of the temporary,
parking of passenger motor vehicles for continuous periods of not more than eight (8) hours, as
employee parking for the businesses operated on the real estate owned by Kensington, located in the
City of Richfield, Minnesota, at 7610 Lyndale Ave South, 7630 Lyndale Avenue South, and 7640
Lyndale Avenue South, and legally described on the attached Exhibit F (hereinafter the
"Kensington Property"). At the City or CSM's written direction, Kensington shall immediately
remove from the Licensed Premises any vehicle, equipment or item that does not in the City or
CSM's reasonable judgment comply with this purpose. The Licensed Premises shall be used by
Kensington as follows:
(a) Eleven (11) parking spaces shall be available for Kensington's use from 8:00 a.m. to
4:00 p.m. (seven days a week); and
(b) Ten (10) parking spaces shall be available for Kensington's use from 4:00 p.m. to
10:00 p.m. each weekday (Monday through Friday).
Upon ten (10) days notice to Kensington, the City or CSM may further restrict or change the hours
that the parking spaces are available for Kensington's non-exclusive use.
2.2 DESIGNATION OF KENSINGTON'S NON-EXCLUSIVE USE. During the term
of this License Agreement, the Licensed Premises will not be designated for Kensington's use with
posted signs. If the City or CSM determines there is a need for the Licensed Premises to be
designated with posted signs, they shall provide Kensington with at least ten (10) days notice of
their intent to install the signs. Kensington shall be responsible for reimbursing the City or CSM for
the cost of these signs and their installation within thirty (30) days after receipt of an invoice from
the City or CSM. Upon termination of this License Agreement, Kensington shall promptly remove
these signs at no expense to the City or CSM unless otherwise provided for in a subsequent
agreement.
2.3 DESIGNATION OF CITY'S EXCLUSIVE USE. During the term of this License
Agreement, six (6) parking spaces on the City's Property on the Licensed Premises shall be for the
City's exclusive use. These six (6) exclusive parking spaces are depicted on the attached Exhibit G.
.
2.4 DESIGNATION OF CSM'S NON-EXCLUSIVE USE. The terms of CSM's non-
exclusive use of the Licensed Premises are substantially set forth in the Easement, as it may be
amended or replaced, except as to four (4) of the six (6) parking spaces located on the City's portion
of the Licensed Premises which are to be for the exclusive use of the City and depicted in Exhibit G
of this License Agreement. Four of the six parking spaces which are depicted in Exhibit G as
exclusive City parking spaces are located within the parking easement area over the City Property
.
.
.
4r-4
for the benefit of the CSM Property as described in Exhibit D-1 and depicted in Exhibit D-2 of this
License Agreement. For the term of this License Agreement, CSM shall be entitled to the non-
exclusive use of the sixteen (16) parking spaces within the Licensed Premises depicted and
identified on attached Exhibit I. If CSM determines there is a need for some parking spaces on the
Licensed Premises to be designated with posted signs for CSM's exclusive use, it shall provide the
City and Kensington with at least ten (10) days notice of its request. The City shall install the signs
and CSM shall be responsible for reimbursing the City for the cost of these signs and their
installation within thirty (30) days after receipt of an invoice from the City. Upon termination of
this License Agreement, CSM shall promptly remove these signs at no expense to the City unless
otherwise provided for in a subsequent agreement.
2.5 RESERVATION OF RIGHT. The City expressly reserves the right to require that
Kensington reimburse the City for future parking-relatedsignage costs that are not otherwise
addressed in, but that are related to, this License Agreement.
ARTICLE III - TAXES
3.1. TAXES. During the term of this Agreement, Kensington shall be responsible for
paying, when due, all real estate taxes or personal property taxes, if any, that may become due and
payable in 2008 and subsequent years and attributable to Kensington's use of City Property subject
to this License Agreement, even if the taxes are payable after the termination of this License
Agreement. Kensington is aware that its use of City Property subject to this License Agreement in
one calendar year may result in taxes payable in a following calendar year. The parties agree that
the City Property subject to this License Agreement is tax exempt in 2007.
ARTICLE IV - MAINTENANCE FEE
4.1 MAINTENANCE FEE. In consideration of this Agreement, Kensington agrees to
pay a maintenance fee. This maintenance fee is intended to reimburse the City for an equitable
portion of the City's maintenance and repair costs for the parking lot, including the costs incurred
by the City for snow removal, salt applications, blacktop striping, and blacktop seal coating, as well
as the City's costs in administering this License Agreement. This annual fee shall be six hundred
and thirty-two dollars ($632.00) and payable within thirty (30) days after Kensington's receipt of an
invoice from the City. In the event the License Agreement is executed or terminated mid-year, the
maintenance fee will be prorated.
ARTICLE V-TERMINATION
5.1 TERMINATION. CSM, the City, or Kensington may terminate this License
Agreement at any time and for any reason upon ten (10) days notice to the other parties or pursuant
to the provisions of Article VIII of this License Agreement.
ARTICLE VI -PUBLIC LIABILITY, INDEMNITY.
6.1 KENSINGTON'S LIABILITY INSURANCE. Kensington shall during the entire
term hereof keep in full force and effect a policy of liability and property damage insurance with
respect to the Licensed Premises, in which the limits of liability shall be the same as the policy
limits which Kensington currently carries on Kensington Property.
.
4F-5
6.2 INDEMNIFICATION. Except for claims arising out of the willful or negligent act
of the other party or its representatives, each party shall indemnify, defend and hold harmless the
other parties against all claims, expenses and liabilities incurred, including reasonable attorneys'
fees, in connection with loss of life, personal injury, or property damage arising out of any
occurrence in, upon or at the Licensed Premises, or the occupancy or use thereof by said party, or
occasioned wholly or in part by any act or omission of said party, its officers, agents, employees,
invitees and contractors. This provision shall not be deemed as a waiver of any statutory or
common law liability limits available to the City.
ARTICLE VII - ASSIGNMENT AND SUBLICENSING
7.1 NO ASSIGNMENT BY KENSINGTON. Kensington shall not assign this License
Agreement and/or sublicense the Licensed Premises, or any part thereof, without the prior written
consent of the City and CSM.
ARTICLE VIII - KENSINGTON'S DEFAULT
8.1 EVENTS OF DEFAULT. The following events shall be deemed to be events of
default by Kensington under this License Agreement:
(a) Kensington fails to pay when due any payments or other charges provided
herein, or any portion thereof and the same shall remain unpaid for a period of ten
(10) days after the same has become due; or
.
(b) Kensington shall do or permit to be done anything which creates a lien of
record upon the Licensed Premises; and does not cause said lien to be released
within ten (10) days after written notice from the City or CSM; or
(c) Kensington has failed to comply with any other provision of this License
Agreement after the City or CSM, by written notice, have informed Kensington of
such non-compliance.
8.2 CITY AND CSM'S REMEDIES. Upon the occurrence of any of the above events of
default, the City or CSM may, without providing a notice of termination, immediately notify
Kensington of such default and may, with such notice, retake possession of the Licensed Premises.
8.3 COSTS, EXPENSES AND ATTORNEYS' FEES. If a party is required to seek legal
counsel for collection or to commence or defend litigation in order to enforce or enjoy this License,
the party prevailing in such collection, litigation shall have the right to reimbursement from the
other parties of all reasonable costs, expenses, and attorneys' fees.
ARTICLE IX-MISCELLANEOUS PROVISIONS
9.1 SURRENDER OF LICENSED PREMISES. At the termination of this License
Agreement, Kensington shall surrender the Licensed Premises in an "as is" condition.
. 9.2 NO DAMAGES, NO RELOCATION BENEFITS. Kensington understands and
acknowledges that the City and CSM are willing to enter into this License Agreement and carry out
their obligations hereunder only because Kensington has agreed that it will make no claim for
damages upon termination of this License Agreement. Specifically, and without limitation of the
.
.
.
4p- (p
foregoing, Kensington understands that upon the termination of this License Agreement, the City
and CSM have no obligation to provide Kensington with other parking, to compensate it for the
value of lost parking, to compensate it for the impact of the lost parking on the value of Kensington
Property or any business conducted thereon, or on the income or profitability of such business, to
acquire the business or any part thereof, or to . payor offer relocation benefits or relocation
assistance.
9.3 NO PROPERTY INTEREST. This instrument is not a lease, creates no landlord-
tenant relationship, and nothing in this License Agreement shall be deemed to create any property
interest other than as expressed in this License Agreement.
9.4 GOVERNING LAW. The laws of the State of Minnesota, without regard to choice
of law provisions, will govern the validity and interpretation of this License Agreement.
9.5 NOTICES. Any notice which is required under this License Agreement shall be
deemed "given" upon (a) hand delivery; (b) three (3) days after prepaid posting in the U.S. Mail; or
(c) sent by facsimile (with verification of receipt), whichever shall first occur. All notices shall be
addressed to the following representatives of the parties:
City of Richfield
City Manager
City of Richfield
6700 Portland Avenue
Richfield, MN 55423-2560
Telephone: 612.861.9700
Facsimile: 612.861.9749
Colleen Carey
The Cornerstone Group
Kensington Park Retail, LLC
7610 Lyndale Avenue South, Suite 200
Richfield, MN 55423
Telephone: 612.746.0660
Facsimile: 612.746.0661
General Counsel
500 Washington Avenue South, Suite 3000
Minneapolis, MN 55415
Telephone: 612.395.7000
Facsimile: 612.395.7002
Kensington Park Retail, LLC
CSM Investors, Inc. &
CSM Shops, Inc.
In the event that any party to this License Agreement gives notice by facsimile, as set forth above,
such party agrees to deposit the original notice in a post office, branch post office, or mail
depository maintained by the U.S. Postal Service, postage prepaid and addressed as set forth above.
Such deposit in the U.S. Mail shall not affect the deemed delivery of the notice by facsimile.
4r-7
.
(The rest of this page was intentionally left blank.)
.
.
.
4 F- S'
IN WITNESS WHEREOF, the parties hereto have affixed their signatures to this License
Agreement the day and year first above written.
THE CITY OF RICHFIELD
By:
Debbie Goettel
Its: Mayor
By:
StevenL. Devich
Its: City Manager
STATE OF MINNESOTA
} sS.:
COUNTY OF HENNEPIN
The foregoing instrument was acknowledged before me this _ day of
, 2007, by Debbie Goettel and Steven L. Devich, the Mayor and City
Manager, respectively, of the City of Richfield, a Minnesota public corporation, on behalf of the
. corporation.
Notary Public
.
.
.
.
4f7- Cj
License Agreel11ent for Use of Municipal Liquor Store Parking Lot
STATE OF MINNESOTA
COUNTY OF HENNEPIN
} SS.:
Page 8
KENSINGTON PARK RETAIL, LLC
By: ~~
Its: Chief Manager
.... The foregoing instrument was acknowledged.. before me this /6&. day of
Oc:fbbeY. . . ,2007, by Colleen M. Carey, the Chief Manager of Kensington Park Retail,
LLC, a limited liability . c~lllpany under the laws of the State or Minnesota, on behalf of the
limited liability corporation.
321667v2 MJM RC160-5
~
Notary Public
PATfllCtAA, ST. PIERRE
HOTAllYPUroC -f.l.lNl\lESOTA
'" Cl:lMlMSSlON,.... ./)1/2010
.
.
.
4 F-lO
License Agreement for Use of Municipal Liquor Store Parking Lot
STATE OF MINNESOTA
} ss.:
JE/\;\i ~vl (;H(j~ib y'
NOTARY PUBLIC - MINNESOTA
My Commission Expires Jan. 31, 2010
STATE OF MINNESOTA
} SS.:
Page 9
CSM INVESTORS, INC.
By:
~~
Michele Foster
Vice President
Its:
CSM SHOPS, INC.
By:/JJki'Ju ~
Michele Foster ..
Its: Vice President
COUNTY OF HENNEPIN
. ~
The foregoing instrument was acknowledged before me this 1& - day of October, 2007,
by Michele Foster, the Vice President of CSM Shops, me., a corporation under the laws of the
State of Minnesota, on behalf of the corporation.
." "~ ~<' ,,,.., .:,...".... ",'",._"'" ~~::"~"'b-";,y"l:>-"t,..-''!l\.o.,~..
!Fq~ M CROSBY
NOT~\i~Y'PU8L1C - MINNESOTA
, My Commission Expires Jan. 31, 2010
321667v2 MJM RC160-5
~~/JJ.~
rtary Public
.
.
.
4r:-11 .
EXHIBIT A-I
Le2al Descrivtion of the City Provertv
As platted and recorded with the County of Hennepin, Minnesota:
Lots 1,2,3,4 and 5, Block 1, STRAND'S SECOND ADDITION TO RICHFIELD, and That part
of vacated West 77 Y2 Street dedicated in STRAND'S SECOND ADDITION TO RICHFIELD,
described as beginning at the southwest comer of Lot 5, Block 1, said plat; thence easterly along the
South line of said Lot 5, a distance of 75.65 feet to an angle point in said South line; thence
northeasterly, along said South line, a distance of 62.72 feet to the East line of said Lot 5; thence
southerly, along the southerly extension of said East line, a distance of 59.71 feet to the North line
of the South 30 feet of said West 77 Y2 Street; thence westerly, along said North line, a distance of
130.87 feet to the southerly extension ofthe East line of Lot 6, said Block 1; thence northerly, along
said southerly extension, a distance of 30 feet to the point of beginning.
(depicted on Exhibit A-2)
.
.
.
4[;., ;).
EXHIBIT A-2
Depiction of the City Property
.
.
.
4r- 13
EXHIBIT B-1
Le!!al Description of CSM Property
CSM INVESTORS, INC., is the record fee owner of the following two (2) parcels ofland:
PARCEL 1:
That part of the East Half of the Southeast Quarter of the Southwest Quarter of the Southeast
Quarter of Section 33, Township 28, Range 24, lying northerly of that part thereof taken for
highway purposes per Final Certificate filed as Document No. 3431114, Office of County Recorder;
and
That part of the West320 feet of the South Half of the Southeast Quarter of the Southeast Quarter
of Section 33, Township 28, Range 24, lying northerly of that part thereof taken for highway
purposes per Final Certificate filed as Document No. 3417875, Office of County Recorder;
and
That part of vacated Colfax Avenue South, as dedicated in the plat of STRAND-BOWEN SECOND
ADDITION, which lies between the Westerly extensions of the South line of Block 2 and the North
line of Block 1, all in said plat of STRAND-BOWEN SECOND ADDITION;
and
The West 11.28 feet of Lot 11, Block 1, STRAND-BOWEN SECOND ADDITION, and the North
48.0 feet ofthe West 11.28 feet of Lot 11, Block 2, STRAND-BOWEN SECOND ADDITION; and
That part of vacated West 77-112 Street, as dedicated in the plat of STRAND-BOWEN SECOND
ADDITION, which lies Westerly of a line drawn Southerly from the Southeast comer of the West
11.28 feet of said Lot 11, Block 1, to the Northeast comer of the West 11.28 feet of said Lot 11,
Block 2, STRAND-BOWEN SECOND ADDITION;
and
That part of the following-described properties: "The South 85 feet of the West Half of the East
Half of the Northeast Quarter of the Southwest Quarter of the Southeast Quarter of Section 33,
Township 28, Range 24; and Lot 8, NORTHFELT ADDITION, Hennepin County, Minnesota; and
vacated or un-vacated 7ih Street West, as dedicated in the plat of NORTHFELT ADDITION,
Hennepin County, Minnesota," described as follows: Commencing at the Southeast comer of the
Northeast Quarter of the Southwest Quarter of the Southeast Quarter of said Section 33; thence
South 89 degrees 41 minutes 41 seconds West, assumed bearing, along the South line of said
Northeast Quarter of Southwest Quarter of Southeast Quarter a distance of 86.58 feet to the point of
beginning ofthe parcel to be described; thence Northwesterly a distance of 187.04 feet along a non-
tangential curve concave to the Northeast having a radius of 610.33 feet, and a central angle of 17
degrees 33 minutes 32 seconds, the chord of said curve bears North 63 degrees 29 minutes 13
seconds West; thence South 38 degrees 06 minutes 35 seconds West, not tangent to said curve, a
distance of 32.47 feet; thence Southerly along a tangential curve concave to the East having a radius
of 120.00 feet to the South line of said Northeast Quarter of the Southwest Quarter of Southeast
Quarter; thence North .89 degrees 41 minutes 41 seconds East along said South line to the point of
beginning;
Parcel 2:
Lot 8, except the Easterly 4.5 feet thereof, Block 1, STRAND-BOWEN SECOND ADDITION;
Lot 11, except the West 11.28 feet thereof, Block 1, STRAND-BOWEN SECOND ADDITION;
Lots 9 and 10, Block 1, STRAND-BOWEN SECOND ADDITION;
The North 48 feet of Lots 8, 9, 10, and 11, except the Easterly 4.5 feet of said Lot 8, and except the
West 11.28 feet of said Lot 11, all in Block 2, STRAND-BOWEN SECOND ADDITION;
.
.
.
Ltt:-/Y
AND that part of vacated West 77-112 Street, as dedicated in the plat of STRAND-BOWEN
SECOND ADDITION, which lies westerly of the Southerly extension of the West line of the East
4.5 feet of Lot 8, Block 1, STRAND-BOWEN SECOND ADDITION, to the centerline thereof, and
the Northerly extension of the West line of the East 4.5 feet of Lot 8, Block 2, STRAND-BOWEN
SECOND ADDITION, to the centerline thereof; and lying Easterly of a line drawn Southerly from
the Southeast comer of the West 11.28 feet of said Lot 11, Block 1, to the Northeast comer of the
West 11.28 feet of said Lot 11, Block 2, STRAND-BOWEN SECOND ADDITION.
* * * * * * * * * *
CSM SHOPS, INC., is the record fee owner of the following-described land:
Lots 6 through 11 inclusive, Block 1, STRAND'S SECOND ADDITION TO RICHFIELD;
Lots 1 through 5 inclusive, Block 2, STRAND'S SECOND ADDITION TO RICHFIELD;
That part of vacated Aldrich Avenue South as dedicated in the plat of STRAND'S SECOND
ADDITION TO RICHFIELD which lies between the Westerly extensions of the North line of
Market Drive and the North line of Block 1 in said plat;
The South 30 feet of vacated West 77-112 Street, as dedicated in the plat of STRAND'S SECOND
ADDITION TO RICHFIELD, adjoining the North line of Block 2 in said plat and its Easterly
extension, together with that part of said vacated West 77-112 Street, lying North of said South 30
feet, which lies Westerly ofthe Southerly extension of the East line of Lot 6, Block 1, in said plat;
Lots 1 through 11 inclusive, Block 1, and Lots 1 through 11, Block 2, all in STRAND-BOWEN
ADDITION TO RICHFIELD;
All of vacated West 77-112 Street as dedicated in the plat of STRAND-BOWEN ADDITION TO
RICHFIELD;
Lots 1 through 7 inclusive, and the Easterly 4.5 feet of Lot 8, all in Block 1, STRAND-BOWEN
SECOND ADDITION;
Lots 1 through 11 inclusive, except the North48 feet of Lots 9, 10, and 11 and that part of Lot 8
lying Westerly of the Easterly 4.5 feet of said Lot 8, all in Block 2, STRAND-BOWEN SECOND
ADDITION; and
That part of vacated West 77-112 Street, as dedicated in the plat of STRAND-BOWEN SECOND
ADDITION, which lies Easterly of the Southerly extension of the West line of the East 4.5 feet of
Lot 8, Block 1, to the centerline thereof, and the Northerly extension of the West line of the East 4.5
feet of Lot 8, Block 2, to said centerline, all in STRAND BOWEN SECOND ADDITION.
(depicted on Exhibit B-2)
.
.
.
eo:
f
,
.I
I!
!
I
l
t
1
~
m
~.~ ~
~~~
~. ." (})
~.~ ~
!l1ll
>~~
Q
)>.
hi
~
IJJ .,
I;
@.
4F-/5
EXHIBIT B-2
Depiction of ~SM Property
'" B
(/l
3:
,.~
;t;
<
m
:Ul.
,-{-
"0"
:::9"
P>"
NIIlHl.OItlHfIl11
ItllLIllJllHllliUJ
~-
NUIIHnnUJI~1
~tIlUI~lIll1lnlf
< .:'-- '-.',
--
~ITlJlfDlJllllml
~IRllImHfIIllrr
MIIIHlUllllml~
- ItflfH+UHHffiH
~f1111101lI[ll1l1
:~
I
.1
!
~:-
f.'
l.
i
!
[
~
f
~ .
l.
1.
i
I
i
tn
31
:Vl
-X:
,0.
fl.
u.$Ii:-k:dimii
)r~n
.p;-i
(fI ......
::3; ~
,,-1
"'1'
"
U tti
Cl) f
-:S' N
~
.
.
.
4r-/ep
EXHIBIT C-l
Lee:al Description of Licensed Premises
LICENSED PREMISES ON CITY PROPERTY:
Parking spaces as located or to be located on the following-described parcel of land:
Lots 1,2, 3, 4 and 5, Block 1, STRAND'S SECOND ADDITION TO RICHFIELD, and That part
of vacated West 77 ~ Street dedicated in STRAND'S SECOND ADDITION TO RICHFIELD,
described as beginning at the southwest comer of Lot 5, Block 1, said plat; thence easterly along the
South line of said Lot 5, a distance of 75.65 feet to an angle point in said South line; thence
northeasterly, along said South line, a distance of 62.72 feet to the East line of said Lot 5; thence
southerly, along the southerly extension of said East line, a distance of 59.71 feet to the North line
of the South 30 feet of said West 77 )Iz Street; thence westerly, along said North line, a distance of
130.87 feet to the southerly extension of the East line of Lot 6, said Block 1; thence northerly, along
said southerly extension, a distance of 30 feet to the point of beginning.
Except as to the 6 exclusive parking spaces as marked on Exhibit G of this License Agreement.
LICENSED AREA ON CSM SHOPS, INC. PROPERTY:
Commencing at the northeast comer of Lot 6, Block 1, STRAND'S SECOND ADDITION TO
RICHFIELD, according to the recorded plat thereof, Hennepin County, Minnesota; thence South 00
degrees 04 minutes 18 seconds East, assumed bearing, 132.00 feet, along the East line of said Lot 6
to the point of beginning of the licensed area to be described; thence continuing South 00 degrees
04 minutes 18 seconds East 68.00 feet to Point "A"; thence South 89 degrees 54 minutes 42 seconds
West 8.00 feet; thence North 00 degrees 04 minutes 18 seconds West 68.00 feet; thence North 89
degrees 54 minutes 42 seconds East 8.00 feet to the point of beginning;
Also, commencing at the above-referenced Point "A"; thence North 89 degrees 54 minutes 42
seconds East 35.19 feet along a north line of the CSM Parcel to the point of beginning of the
licensed area to be described; thence continuing North 89 degrees 54 minutes 42 seconds East 36.00
feet to Point "B"; thence South 00 degrees 00 minutes 00 seconds East 5.50 feet; thence South 89
degrees 54 minutes 42 seconds West 36.00 feet; thence North 00 degrees 00 minutes 00 seconds
West 5.50 feet to the point of beginning;
Also, commencing at the above-referenced Point "B"; thence North 89 degrees 54 minutes 42
seconds East 47.72 feet along a north line of the CSM Parcel to the point of beginning of the
licensed area to be described; thence continuing North 89 degrees 54 minutes 42 seconds East
11.75 feet; thence southerly 22.58 feet on a non-tangential curve to the left with a radius of 458.70
feet and with a central angle of 02 degrees 49 minutes 14 seconds and with a chord bearing of South
12 degrees 54 minutes 51 seconds West and a chord length of22.58 feet; thence South 89 degrees
54 minutes 42 seconds West 6.68 feet not tangent to said curve; thence North 00 degrees 04 minutes
18 seconds West 22.00 feet to the point of beginning.
(Depicted on Exhibit C-2)
.
.
.
4F-/1
EXHIBIT C-2
Depiction of the Licensed Premises
'4F-1 g
EXHIBIT D-l
.
Le!!al Description of Parkin!! Easement over City Prollertv for the Benefit of CSM
An easement for parking and access purposes over and across that part of Lot 5 of Block 1, Strand's
Second Addition to Richfield, and that part of vacated West 77 ~ Street, as dedicated in said plat of
STRAND'D SECOND ADDITION TO RICHFIELD, as platted and recorded, Hennepin County,
Minnesota, described as follows:
Cornmenciq at the northeut comer of Lot 1, Block 1; otPkl S'l'.RANIYS SECOND ADDITION TO
lUCHf1ELD; thence South 00 degrees os m1P11te$ 3 t SCC;Qm!s East. aaumedbcCins. 200.00 feet .!long the
east line otuid Lot 1 and ib; lOUtherly projaiOlt; thence South 89 cIqreca 54 minutes 42 StlConds West
33.94 teet to the point otbeginoing of the parkins and ac;cess ca.sc:mcnt to bedeactibcd; thence continuing
South 89 decrees 54 mlnuces 4Z scaJods West 86.69 feet; thcnGc North 00 degrees 00 minutes 00 seconds
r_ 66.41 .tcct; 'thcno: North 90 degrees 00 minutes 00 seconds East 36.60 feet; thence South 00 d.cgms
00 minutes 00 .leCOnds West 66.33 teet to tile point otbcginning.
(depicted on Exhibit D-2)
.
.
4P-/9
EXHIBIT D-2
.
Depiction of Parking: Easement over City Property for the Benefit of CSM
d'~
~'t' '':So
..~.. &\.45
---",-- /~'
~ /'''
,
!
- P-8lJR
f
o
1\1-::
,-...0
CbOl
Q"..
"
r
.
56 '''1 S'oZW
3.16
)>
<
fIl
....
.....,
..... ....
~ NS!rS4'4
22.91
(Note: The parking counts depicted above do not equal parking counts "as built.")
.
.
.
.
4r-JO
EXHIBITE-l
Leeal Description of Parkine Easements Over the CSM Property for the Benefit of the City
An easement for parking put'pOSClS oYet' and across the CSM Parcel tbrtbc benefit of the Ctty Parcel, said
easement being described as follows:
Commencing at 11 northeast comer .cfUte CSM.PatceI. said point also beiog tho northcut comer ofLOt-6.
Diode 1. STJ.AM)'S SECOND ADDmON TO RICHFIELD. lIS platted and recorded. Hennepin County.
Minnesota; thence Soutb 00 dcgJccs 04 minutes 18 Rmnda East..assumed bearing. 132.00 feet aIonS the Cllst
tine ortbe C8M Parce~ said line abo being the east Jim: of said .Ut 6 10 the point orbegiMi.ag oftbe parking
casement to be described; thence c:ontinuing South 00 degrees 04 minutes 18 oHeOnds East 68.00 feet to
Point "An; thence South 89 cfesrees 54 minutes 42 $Cf:Onds West 8.00 fi:c:t; tbem.:. North 00 dcsrea 04
minutes 13 seconds Wc:st 68.00 feet; thence NoJtll89 dqRca S4 minutes 42. scc:onds East 8.00 feet. to tbe
point ofbcginaing. ,
ALSO: An casement for patking purposea over and a.s;rosstl1c CSM Parcel for me benefit uftbe City Parcel.
said caacment beiog described as fOllows:
Commcndng itt the abov'c reti=renced Point" A"; tbenc::e North 89 degceos 54 minutes 42 seconds Eut3S.19
feet 8kmg a north line of the CSM Parcel to the point of'begiMing ofthc parking casement to be deucribed;
thence GOnUnum1J North 89 dcsrees S4 minutes 42 :seconds Bast 36.00 fCGt to Point ""B"; thence South 00
degrees 00 minutes 00 seconds East 5.50 feet; tbeocc South 19 degrea S4 minutes 42 seconds West 36.00
feet; thence North 00 degrees 00 minutes 00 seconds West S.SO feet to the point oCbqinning.
,
ALSO: An easement for packing purposes over and across the CSM Pan:el for the benefit of the City Parcel.
aid easement. being desCribed as CoJIows:
Commenc:ing at the above r~ Point"B"; thcnc:e North 89 degrees $4 minutes 4.2 scconcb East 41.n
feet along . north line ottbe CSM Parcel to tho point oCbeginning of the parking easement to be det:etibed: ;
!hence continuing North a9 degrees S4 rntmJt.42 nconda &at 11.75 &et; tbancc sou1het1y 22.S8 feet 01'1 a
nontlIJ:lgcntie eurve to the left with a radius of 458.10 ~ and with a Cl:nttld aqlc of 02 degrec:t 49 minute$:
14 seconds and with a chord bearing of South 12 dcarees 54 minutes $1 seeoads West and a cltQrd lengtb of
22.58 feet; thence South 89 dc.sr=s 54 rinut.cs 42 seconds West 6.68 feet not t.anpnt to saiel curve; thence
North OQ dcar=s04 minutes 18 scconds West 22.00 feet to the point of'beginning.
(depicted on Exhibit E-2)
t.fr=:- ~)
EXHIBIT E-2
.
De iction of Parkin Easements Over the CSM Pro e for the Benefit of the Ci
!
... \'36"'"
~%,I
----7 '8' .4!
.....----,
-'!" ,
~
...:- p-
.
~1.6.:'Jg"'W
4' 62.72
","'" ~
"" / 100
/
,
,/ .r-
-<
Z
o
)>
r
fi1
",..."..p -
S61.H5'OZ.W
3.16
):>
<
fT1
22.91
(Note: The parking counts depicted above do not equal parking counts "as built.")
.
.
.
.
t.f ~ ~ J;)..
EXHIBIT F
Lee:al Description of Kensine:ton Property
Tracts E, G, H, I, and J, Registered Land Survey No. 1747, Hennepin County, Minnesota; and
Tracts B and C, Registered Land Survey No. 1758, Hennepin County, Minnesota;
Together with Declaration of Reciprocal Easements dated February 1,2005, filed of record June
6,2005, as Document No. 4120770, Hennepin County Registrar of Titles.
.
.
.
LfFr;J.3
EXHIBIT G
Depiction of City's Six (6) Exclusive Customer Parkin!! Spaces
~F-~4
EXHIBIT H
.
Depiction of Kensimrton's Non-Exclusive Use
77TH,
STREff,'" "-" WEST" -""
~
><l KENSINGTON NOfHXCluSH/E USE
(j
(f)"
~
~
S
"<\:
,tQ
'"
'j;
.~
~
'~
liI.est li ne of
c:ity
Property
.
t I' II !
Ol. ......-LJ.Jl.l
. ,
1 .
J......t...
..0(1
"'"
<>
.n
--~.~'_....~.=\
II
I
.
.
.
.
771ft
West 1'1 ne;
of City
Property
~~
STREET
L(F'd-b
EXHIBIT I
Depiction of CSM's Non-Exclusive Use
Wfsr
"
~
~
;<
,~
''''C
4J
"-1'
,~'
~
-.J
~l CSM NON~EXCLUSrYE ,USE
rl'ill i
ilLl~JJ)"L
1~!
, .,-,'
~~.~l
I
.
.
.
AGENDA SECTION:
AGENDA ITEM #
REpORT #
CONSENT
4G
272
......
STAFF REpORT
RICHFIELD
CITY COUNCIL MEETING
OCTOBER 23, 2007
REpORT PREPARED By:
BETSY OSBORN, ADMINISTRATIVE
SUPPORT SERVICES MANAGER
NAME, TITLE
COUNCIL PRESENTER:
DEPARTMENT DIRECTOR
REVIEW:
REVIEWED By CITY
MANAGER:
.~
ITEM FOR COUNCIL CONSIDERATION:
Consideration of the request by the Church of St. Peter/Blessed Trinity Catholic School for a
temporary on-sale 3.2 percent malt liquor license and a public dance license for their annual
Fiesta to be held November 3, 2007.
I. RECOMMENDED ACTION:
By Motion: Approve a temporary on-sale 3.2 percent malt liquor
license and a public dance license for the Church of St. Peter/Blessed
Trinity Catholic School for their fiesta to be held on November 3,
2007.
I II. BACKGROUND I
On October 5, 2007, the Church of St. Peter/Blessed Trinity Catholic School
submitted a request for a temporary license to serve 3.2 percent malt liquor. They
also submitted a request for a public dance license for their annual Fiesta to be held
November 3,2007. The required licensing fees have been received.
They will be serving such food items as tacos, enchiladas, tostados, tamales,
nachos with cheese, flan, soda, coffee and water. Blessed Trinity Catholic School
has contacted food sanitarians from the City of Bloomington to ensure that proper
food handling practices are followed.
1023 St. Peter Church Blessed Trinity School Fiesta Licenses
. I C. FINANCIAL
. N/A
ID. LEGAL
. N/A
.
.
Licensing requirements for the preparation and service of food for this event is
covered under The Church bf the St. Peter's annual food license.
The event will take place from 5 P.M. to 10 P.M.
Liquor Liability insurance coverage has been provided showing The Catholic Mutual
Relief Society as affording the coverage.
The Public Safety Department has received no complaints regarding similar events
for the Church of St. Peter for the previous year.
I III. BASIS OF RECOMMENDATION I
I A. POLICY I
· The applicant has complied with the City codes pertaining to these
licenses.
I B. CRITICAL ISSUES I
· Necessary fees have been paid and insurance coverage has been
submitted.
I IV. ALTERNATIVE RECOMMENDATION(S) I
· Deny the request. However, the Public Safety Department has not found any
basis for a denial. In addition, the Council has previously granted similar
licenses for The Church of St. Peter events.
I V. ATTACHMENTS
. N/A
I VI. PRINCIPAL PARTIES EXPECTED AT MEETING I
· The Church of St. Peter staff/representative
.
.
.
AGENDA SECTION:
AGENDA ITEM #
REpORT #
PUBLIC HEARINGS
6
273
.......
STAFF REpORT
RICHFIELD
CITY COUNCIL MEETING
OCTOBER 23, 2007
REpORT PREPARED By:
MELISSA POEHLMAN, PLANNING &
ZONING ADMINISTRATOR
NAME, TITLE
COUNCIL PRESENTER:
DEPARTMENT DIRECTOR
REVIEW:
REVIEWED BY CITY
MANAGER:
ITEM FOR COUNCIL CONSIDERATION:
Public hearing regarding consideration of a request to amend the City's Comprehensive Plan
and designate 6745 Blaisdell Avenue as "quasi-public" rather than "single-family residential,"
which will allow The Church of St. Peter to utilize the orooertv.
I. RECOMMENDED ACTION:
Conduct and close the public hearing and by motion: Approve an
amendment to the City;s Comprehensive Plan designating 6745
Blaisdell Avenue as "auasi-public" (4/5 vote reauired).
I II. BACKGROUND I
The Church of St. Peter (St. Peter's), located at 6730 Nicollet Avenue, has an
opportunity to purchase the vacant lot located at 6745 Blaisdell Avenue. St. Peter's
wishes to purchase the lot for use as an outdoor recreation area. An amendment to
St. Peter's conditional use permit was approved unanimously by the Planning
Commission on September 24,2007 and by the City Council on October 9,2007.
This approval was contingent upon approval of an amendment to the City's
Comprehensive Plan which would change the designation of the property at 6745
Blaisdell Avenue from "single-family residential" to "quasi-public."
102307 - 6745 Blaisdell Comp Plan Amend
I III.
While the City's Zoning Code allows institutional uses in single-family districts, the
Comprehensive Plan calls such uses out separately. This is something that will be
remedied as part of the Comprehensive Plan update process that is currently
underway. In the meantime, St. Peter's is requesting an amendment to the
Comprehensive Plan to allow their project to move forward.
BASIS OF RECOMMENDATION I
I A. POLICY I
. The State requires that Zoning Codes and Comprehensive Plans be
consistent. The current inconsistency will be remedied during the
larger update process; however, in the meantime this amendment will
allow St. Peter's to proceed.
. The Metropolitan Council must approve all amendments to the
Comprehensive Plan.
. Amendments to the Comprehensive Plan require a 4/5 vote of the
Council.
.
.
I C.
I B. CRITICAL ISSUES I
. The land designation indicated in the Comprehensive Plan is
inconsistent with the Zoning Code. The proposed amendment will
remedy this.
FmANC~L I
. All required fees have been paid.
I D. LEGAL I
. Notice of this public hearing was published in the Sun Current and
sent to property owners and residents withip 350 feet of the subject
properties.
I IV. ALTERNATNE RECOMMENDATION(S)
. N/A
I V. ATTACHMENTS
. Resolution
. Area map with existing and proposed Comprehensive Plan designations.
I VI. PRINCIPAL PARTIES EXPECTED AT MEETmG
. Ann Garland, The Church of St. Peter
. Mike Dimond, The Church of St. Peter
.
.
.
.
(p-(
RESOLUTION NO.
RESOLUTION AMENDING THE CITY'S COMPREHENSIVE PLAN
CHANGING THE DESIGNATION OF PROPERTY LOCATED
AT 6745 BLAISDELL AVENUE
WHEREAS, the City's Comprehensive Plan provides a Guide Plan establishing
particular planning needs for specific segments of the City; and
WHEREAS, the Comprehensive Plan designates 6745 Blaisdell Avenue as "Single-
Family Residential"; and
WHEREAS, the City has reviewed the Guide Plan classification and determined
that it would be appropriate to designate this property as "Quasi-Public"; and
WHEREAS, the Planning Commission conducted a public hearing on October 22,
2007 concerning modifying the Guide Plan and approved the modification; and
WHEREAS, the City Council held a public hearing on the amendment on October
23, 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 designate 6745
Blaisdell Avenue as Quasi-Public and is 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 23rd day of
October 2007.
ATTEST:
Debbie Goettel, Mayor
Nancy Gibbs, City Clerk
102307 - 6745 Blaisdell Comp Plan Amend
-Ol-
6745 Blaisdell Ave
Proposed Comprehensive Plan Amendment
Propsed change from R to QP-CH/S
QP-CH/S
............... ~
-CHIS Sf. Peter's Church ~H
, R-S~
~
I Will become Qp-CH/sl ~ ,
J OJ R-SFH R
~
R , R-SFH R
W W
::::> R'" ::::>
R R Z Z
W W
~ R-SFH ~ R-SFH R
R R
.....J I-
.....J W
w
Q 68TH STREET .....J
.....J
CI) 0
<c ~ R-SFH
.....J
R R CD R R-SFH Z
~ R-SFH )
'\ R R R R-SFH
R-s7
'-
R R R-SFH ~FH
R ~ R R-S~ V R-SFH
N
~
R - Single-family residential
R-SFH - High-density single-family
QP-CH/S - Quasi-public - Church/School
o 55 110
220
330
440
Feet
- -
.
.
.
AGENDA SECTION: PUBLIC HEARINGS
AGENDA ITEM # 7
REpORT # 274
.......
STAFF REpORT
RICHFIELD
CITY COUNCIL MEETING
OCTOBER 23, 2007
REpORT PREPARED By:
MELISSA POEm.MAN, PLANNING &
ZONING ADMINISTRATOR
NAME, TITLE
COUNCIL PRESENTER:
DEPARTMENT DIRECTOR
REVIEW:
~'
REVIEWED BY CITY
MANAGER:
ITEM FOR COUNCIL CONSIDERATION:
Public hearing regarding a request for an appeal of the decision of the Richfield Hearing
Examiner to deny a variance that would allow a reduction of a side setback for construction of
an attached garage that exceeds the permitted width.
1. RECOMMENDED ACTION:
Conduct and close the public hearing and by motion: Adopt attached
resolution denying the appeal from the decision of the Hearing
Examiner and affirming the Hearing Examiner's decision to deny a
variance for a reduced side yard setback at 7238 Blaisdell Avenue.
I II.
BACKGROUND I
The applicant is in the process of constructing an addition to their home. This
addition will include an attached garage. The plans originally approved by the
Building Inspections Department on June 26,2007 include an attached garage that
meets the required five-foot setback. Subsequent to this approval, the applicant
applied to the City for a variance to reduce the required setback to allow the
construction of a larger garage.
A hearing was conducted on September 18, 2007 before Hearing Examiner Murray
(see attached Minutes). .
102307 - 7238 Blaisdell Variance Appeal
.
Hearing Examiner Murray denied the request for the variance because it did not
meet the City and State requirements for granting a variance. The applicant was
notified of their right to petition the Board of Adjustment and Appeals ("the Board")
to have the case reconsidered by the Board. Mr. John Radmanovich, contractor for
the homeowners, sent a letter requesting an appeal on their behalf.
I III. BASIS OF RECOMMENDA nON I
I A. POLICY I
. Section 546.03, Subdivision 4 of the Zoning Code states that the
Board (of Adjustments and Appeals) shall have the power to hear and
decide appeals of any decision made final by a Hearing Examiner.
. Section 521.11, Subdivision 2 of the Zoning Code states that in the R
(single-family) District, homes are required to maintain a five-foot
setback from interior side lot lines.
. Section 521.11 Subdivision 8(c) allows the interior side setback to be
reduced to three feet for single-family homes existing on or before
June 1, 1995, for the purpose of constructing an attached garage,
provided the following conditions are met.
o A letter of consent signed by the owner of the property
which abuts the interior lot line shall be submitted to the
City;
o The garage shall be located a distance of not less than
eight feet from any building on an abutting lot;
o The width of the garage shall not exceed 20'-feet, and
the length shall not exceed 26 feet;
o The garage wall most parallel and adjacent to the interior
lot line shall have no more than a one-foot roof overhang
(eave projection);
o The garage wall most parallel and adjacent to the interior
lot line shall be constructed with no openings, and with
materials which provide a one hour fire rating; and
o A drainage plan shall be approved by the City Engineer's
office prior to issuance of building permits.
. The applicants do not meet these requirements, as follows:
o The single-family home in its current condition, did not
exist prior to June 1, 1995. The applicants are in the
process of constructing an addition to their home. The
desired garage could be constructed if the addition size
had been reduced. The applicant has created this
situation.
o The width of the proposed garage exceeds 20-feet. The
applicant can construct a 21.25-foot wide garage without
any variance.
. State Statute 462.357 requires that an applicant meet four criteria in
order to be granted a variance. The applicant must meet all four of
the following requirements:
.
.
.
lB.
.
o Undue hardship, which denies the applicant reasonable
use of their property.
o A unique circumstance related to the property.
o No adverse impacts on the neighborhood.
o The request is the minimum variance necessary to
alleviate the undue hardship.
CRITICAL ISSUES I
. Hearing Examiner Murray found that the proposal did not meet the
necessary requirements and therefore denied the requested variance.
. The findings of Hearing Examiner Murray are as follows:
o There is no undue hardship which denies the applicant
reasonable use of the property. The applicant can
construct a 21.25-foot wide attached 2-car garage that
meets the setback requirement of 5-feet.
o There are no unique circumstances related to the
property that do not apply generally to other properties in
the same zone or vicinity, and the circumstances were
created by the applicant. The applicants' lot is 75-feet
wide, wider than many lots in Richfield. The property is
not oddly shaped nor constrained by topography. The
applicants are in the process of constructing an addition
to their home that creates this situation.
o There would be no adverse impacts on the
neighborhood.
o The variance requested is not the minimum variance
necessary to alleviate the undue hardship because there
is no undue hardship present.
. According to City and State regulations, "economic considerations
alone shall not constitute an undue hardship." Therefore, the
applicants' suggestion that denial of the variance impacts the resale
value of their home and creates an undue hardship does not fulfill this
requirement.
I C. FINANCIAL
. The required fee has been paid.
ID.
.
LEGAL I
. Notice of this hearing was published in accordance with City and State
regulations.
. 60-DAY RULE: 60 day clock 'started' when complete application was
received on September 5, 2007. A decision must be given to the
applicant by November 4, 2007, OR the Council must notify the
applicant that it is extending the deadline (up to a maximum of 60
additional days or 120 days total) for issuing a decision.
.
.
.
I IV. ALTERNATIVE RECOMMENDATION(S) I
. Reject the motion and make findings to support that the requested variance
does meet the required City and State.
I V. ATTACHMENTS I
. Board of Adjustments and Appeals Resolution
. Survey
. Proposed plans
. Hearing Examiner decision letter
. Minutes from September 18, 2007 Hearing Examiner meeting
. Letter of consent from neighbor
. Appeal request letter
. Planning & zoning maps
I VI. PRINCIPALPARTIESEXPECTEDATMEETING I
. Mr. John Radmanovich, Land Images, Inc. (contractor)
. Mr. & Mrs. Tolle, property owners
.
1-1
RESOLUTION NO.
RESOLUTION DENYING THE APPEAL FROM THE DECISION OF THE HEARING
EXAMINER AND AFFIRMING THE HEARING EXAMINER'S DECISION
TO DENY A VARIANCE FOR A REDUCED SIDE YARD SETBACK AT
7238 BLAISDELL AVENUE
Be it resolved by the Board of Adjustment and Appeals of the City of Richfield,
Minnesota as follows:
I. The Board of Adjustment and Appeals hereby makes the following findings of
fa ct:
FINDINGS OF FACT
. 4,
5.
6.
7.
8.
1. The City of Richfield (the "City") regulates, by ordinance, the setback requirements of
buildings.
2. The primary source of such regulations is contained in Appendix B of the Richfield City
Code, which is also known as the Richfield Zoning Code.
3. On or about SeptemberS, 2007 the City received an application from John
Radmanovich, contractor for Mr. & Mrs. Tolle (the "Applicant"), 7238 Blaisdell Avenue,
requesting a variance to allow reduction of the five-foot setback requirement to three-
feet for construction of an attached garage.
The property at 7238 Blaisdell Avenue is located in the Single Family Residential (R)
zoning district.
Subsection 521.11, Subdivision 2 of the Richfield Zoning Code requires single-family
homes to be set back no less than five-feet from interior side lot lines.
On September 18,2007, the Hearing Examiner conducted a public hearing on the
variance request.
On or about September 21,2007, the Hearing Examiner published a written decision
denying the variance request.
On or about October 1, 2007, the City received a written request (the "Appeal") to the
Board of Adjustment and Appeals (the "Board") to consider an appeal of the decision of
the Hearing Examiner.
9. The appeal came before the Board for review and action on October 23,2007. The
Board conducted a public hearing, at which the Applicant was provided the opportunity
to testify.
II. The Board hereby makes the following conclusions:
CONCLUSIONS
.
1. The Applicant has not shown that compliance with the provisions of Zoning Code
Subsection 521.11, Subdivision 2 will result in an undue hardship that denies the
Applicant the reasonable use of the property. The applicant can construct a two-car
attached garage without a variance. Future resale value does not constitute undue
hardship.
2. The Applicant has not demonstrated that any unusual or unique circumstances apply to
the property that does not apply to other properties generally. The applicant has
created the circumstances under which they cannot construct a 23' - 4 %" garage.
1 02307 - 7238 Blaisdell Variance Appeal
.
.
.
'7.- d.-
3. The variance, if granted, would not alter the character of the neighborhood; however,
the granting of this variance may set a precedent for the City to allow setbacks
reductions without meeting the required findings of fact.
4. The variance is not the minimum variance necessary to alleviate the undue hardship,
as no undue hardship exists.
III. Based upon the foregoing, the Board hereby makes the following decision:
DECISION
The appeal of the decision by the Hearing Examiner to allow a reduction of the
required five-foot interior setback to two feet for the construction of an attached garage at
7238 Blaisdell Avenue is hereby in all respects DENIED. The decision of the Hearing
Examiner is affirmed, and the variance is denied.
Adopted by the City Council of the City of Richfield, Minnesota this 23rd day of
October 2007.
Debbie Goettel, Mayor
ATTEST:
Nancy Gibbs, City Clerk
en
135.13 ..t-
CHAINLfNK FENCE 26.1 .
10 .9Q W
ON PROP. LINE (,. >
~ o. '-
12.0 N CD <(
a::
r') :J
u
LOT 7 '<t HOUSE w
cri 0 I- -.J
0 N w
2.5"", 31.7 a::
1.0 BLOCK 2 L{) u -.J
z
,... f'-. 0 W
f'-. 12.0 _.....2.9 u
/ 23.6 0
PROPOSED 10 (/)
CHAfNLlNK FENCE GARAGE ~ CONCRETE DRIVE -
ADDIllON N .<5 <(
ON PROP. LINE' .(;j
23.6 o.P --1
m
0
ri
JACOBSON
ENGINEERS SURVEYORS
21029 HERON WAY LAKEVlLLE, MN 55044
TEL. (952) 469-4328 FAX (952) 469-4624
BEARINGS ARE ASSUMED DATUM PROJ: 207093
o ,- DENOTES IRON MONUMENT F.B.: 173-36, 174-36207093
'].-3
CERTIFICA TE OF SURVEY
I hereby certify that this is a correct representation of a survey of:
Lot 7, Block 2, N/COLLET TERRAC~, Hennepin County, Minnesota,
according to the recorded plat thereof.
And that this survey and certificate was prepared by me or under my
direct supervision and that' am d duly licensed land surveyor under
the laws of the State of Minnesota.
o
I
Grant D. Jacobson, License No. 23189
Dated this 4th Day f September, 2007.
'REP ARED FOR:
Land Images, Inc. '
Attn: Mr. John Radmanovich
12255 120th Street South
Hastings, MN 55033
,
~AWN:
GDJ
CHECKED: GDJ
SCALE: AS SHOWN
A. TE: 8-29-07
SCALE IN FEET
30
60
I
I
15 45
~
......
~
Ii
......
,-
~
s:
)>
-
Z
."
r
o
o
::0
-U
r
)>
Z
I
I
I I
rIT'
i I i
I '
I I
I ~ I
I I .
j I I ~
1(1.0
! , <J
i
: I
I '
. I
I ,.
I .
I
I
38'-0"
23'-6"
====== ===========---------------
....;u
AlO
Co
~3:
'" m'"
01 "'>
~ 6; ~ f:. I
G) On ~
> <
;u m
>
C1
m
I
I
I
I ~
I
I
I
I
I I
L_______
I
TI ;1:>\-1 <
O-UO;l:>
;U-UOJAl
Cm);
m z
o (")
m
I
I
I
I
I
I
__J
;>;
::;
(1
:r I ,
01
Z I ,
, ,
c- , I
<: I I
r:z I ,
~G) , I
i~ , I
I ,
m . .,',":'---- .;;:;S: : C1
J> .,\':'.;.....--
-n:;;<'"TlZ ;;;
::U"'::m::Om ..J , 0 '"
)>-1);10<; ~fg I I 01 m
S::C-z<':
rn~~~~ ! 1I I ;u '"
,0 -l rJ) mm m iim." 1I , .... ."
X {I , ;u J>
m-<mZll Ul ;ux;u 0': ,!Il C :ii:
-1-n-i-l{{.l moo)> ;uO (j)
:::OoooJ:l" 0 .... 1)-1~ )>< :;, I (j) ;=
C)J::t:>-<.o ~ Z ., , -<
0 ,--01 zm "
~ ~~;t) G1 ~~~ om \1 , '" ;U
C (j)l> ~~ ill 0 0
;u -< :;: 01"'0 -(j) " , < 0
01 ;u- 2:!c 0"" ::1 , m "
0'" ()Z mz
o c. "0 I I
g;u ZG) , , r""l1CJC:~
\ 0 , g~z\}:::
i 0 J I J:>oz~.(j) OW"TI
~ ';<:_"':"'--- :':~ : :j<Gl::j~ ....,,-
\ 0 Om:;u:tl> ~~~
\ ~ , I 2~om::: ;u",,-
, , ~O~-1 ",,,,:>>
itJ z I , -<:;:::Wo -<()
i G1 ::UOZ , I ~~gi: m
0010 , I
,. ~ 0:':0 I , ~~o~
f ~O-t I , ....\
-:r I ,
Zm
-<;J:) , I
:x: , I
Ul , ,
, I
I ,
2668
~r'9
II
-j-'
I 4'-0"
)>
o
o
i5
~
12'-0"
PROJECT:
Landimages Inc.
Landscaping and Remodeling
12255 120th St. S.
Hastings MN, 55033
TOLLE RESIDENCE
7238 BLAISDELL AVE.
RICHFIELD, MN
i
~
i
;
j
i
I
i
I
-1
i
I
I
--1---- -----
---1--------1,
I ! ::
I. i II
I II
i I II
1 f II
Iii I b i:
~ II
~ I i- 11
r "
I' 10 ii
I rR :
I i I I" Ii:
~:-1': Iii
, " II ::
, 1I
-- -1--- - ----~:
-----------.
i
I
i
!
i
I
i
I
I
tJ
I
"
I
,.
New Dimensions
D.oI,n.... ~
I I
I
~
, \
...r:...
,
,
t
Yj-5
VARIANCE DECISION
Based upon the evidence presented at the hearing, the undersigned makes the
following findings of fact, determinations, and decision:
FINDINGS OF FACT
1. Notice of public hearing was proper. Notice was published in the Sun-
Current and mailed to property owners within 350 feet of the site as
required by City Ordinance. The ten day notice requirement was also met.
2. The street address and legal description of the property in question are as
follows: 7238 Blaisdell Ave S;
Lot 7, Block 2, Nicollet Terrace, Hennepin County, Minnesota.
3. The zoning of the site in question is 'R' Single-Family Residential.
4. The variance requested is from section 521.11 subd. 2 of the 1999 zoning
code. The variance would allow the reduction of an interior setback from
five feet to th ree feet.
5. The reason for the request is to allow the applicant to construct a 23.25-
foot wide attached garage.
6. A decision is being made with.in 60 days of the submission of a complete
application. The applicant submitted a complete application on
September 5, 2007, requiring a decision by November 4, 2007.
DETERMINATIONS
Minnesota Statutes Section 462.357, Subdivision 6, provides for the granting of
variances to the literal provisions of the zoning regulations in instances where
their enforcement would cause undue hardship to the owners of the property
under consideration. In determining whether to grant or deny the requested
variance, I specifically make the following conclusions:
Variance Decision -1- C,o
7238 Blaisdell Ave S
Page 2
1. Would strict enforcement of the literal provisions of the ordinance cause
undue hardship, because th~ property could not reasonably be used under the
conditions of the official controls?
I conclude:
Strict e'1forcement of Richfield zoning code section
521.11 Subd. 2 would not cause undue hardship. The
applicant is able to construct an attached two-car
garage with a width of 21.25-feet without any variances.
The des:ire to have a larger garage is not considered a
hardship. Undue hardship includes, but is not limited
to, inadequate access to direct sunlight for solar energy
systems.
2. Are there unique circumstances or unusual conditions affecting the property
or building which were not created by the landowner?
I conclude:
There are no unique or unusual conditions affecting this
property which do not apply generally to other
properties in the same zone or vicinity. The property is
rectangular with no unusual topography or other
conditions. Additionally the property is 75 feet wide,
wider than many lots within the City's single-family
district. Further, the applicants are in the process of
constructing an addition to their home that will abut the
attached garage. If a larger garage was desired, the
proposed addition should have been revised so as to
provide adequate room for said garage. The
circumstances are self-created.
3. Will the granting of the variance alter the essential character of the
neighborhood or locality?
I conclude:
Granting the variance will not alter the essential
character of the neighborhood.
4. Is the variance being requested the minimum variance necessary to alleviate
the undue hardship?
I conclude:
This requirement is not met, as there is no undue
hardship present.
DECISION
Based upon the determinations, the request is DENIED.
STIPULATIONS: NONE
Variance Decision
7238 Blaisdell Ave S
Page 3
7-1
~
NOTE: THIS VARIANCE WILL EXPIRE ONE YEAR AFTER THE DA TE ISSUED UNLESS THE
CONSTRUCTION WORK REQUIRING THE VARIANCE HAS BEEN COMPLETED.
APPEALS
Any party not in agreement with the decision of the Hearing Examiner may
appeal the decision by delivering a notice of appeal within ten days of the date
the decision is filed. The appeal shall be to the Board of Adjustment and Appeals
c/o Community Development Director, 6700 Portland Avenue South, Richfield,
MN 55423 ..
~~
HEARING EXAMINER
CITY OF RICHFIELD
~
DATE:
11 bl/I.<c> 0-,
Copy: Nancy Gibbs, City Clerk
Rick Regnier, Building Official
~
1-?
~
.......
.
HEARING EXAMINER MINUTES.
September 18, 2007
HEARING EXAMINER:
STAFF PRESENT:
ALSO PRESENT:
Connie Murray
Melissa Poehlman, Planning & Zoning Administrator
Mr. & Mrs. Tolle
John Radmanovich of Land Images, Inc.
Mayor Goettel
The meeting was called to order by Hearing Examiner Murray at 5:39 p.m.
Hearing Examiner Murray described the hearing examiner process stating that the
decision is not made at the public hearing. She also stated that interested parties would
be notified in writing of the decision within 60 days after the applicant submitted a
complete application.
ITEM #1
CASE 07-V AR-07, 7238 Blaisdell Avenue
John Radmanovich, applicantlbuilder
Variance from side setback requirements for an attached
garage.
~
Planning & Zoning Administrator Poehlman reviewed the staff report, stating that the
criteria for granting a variance are not present and staff recommends denial. Poehlman
also stated that staff has not received any phone calls from neighbors regarding this
request.
Mayor Goettel arrived, introduced herself to Hearing Examiner Murray and stated that
she knows Mr. & Mrs. Tolle.
The applicant and owners stated that the hardship and unusual circumstances present
were related to the eventual resale of the home, the fact that the adjacent neighbor does
not oppose the proposal, an inability to increase the depth of the garage due to a large
tree, and the fact that a five-foot setback leaves five feet of unusable space between the
garage and the lot line.
Hearing Examiner Murray asked staff what the City considers a standard two-car garage
width.
~
Planning & Zoning Administrator Poehlman responded 20 feet. She also responded that
whether or not setbacks are set at appropriate distances throughout the City is a larger
issue that can be addressed by the City Council if it wishes to do so. The issue before
the Hearing Examiner tonight is whether or not the proposal meets the four criteria
necessary to grant a variance. Staff s position is that the criteria are not met.
1-1
Mr. Radmanovich stated that there are garages with two-foot setbacks in the City and
that they were granted variances so this variance should also be granted.
Poehlman responded that it is not possible to address the cases that Mr. Radmanovich is
discussing without knowing the particulars. Every variance case is different and perhaps
in some cases the criteria have been met. In the past, detached garage setbacks may also
have been less than five feet. In that case the zoning ordinance and State laws allow for
their replacement and repair and in some instances expansion. Those cases would not
require a variance. It is not appropriate to discuss other properties without knowing all
of the details.
Mayor Goettel stated that she knows the Tolle's and would like to know what the
process is for appealing the decision of the Hearing Examiner.
Poehlman stated that the applicants could appeal the decision of the Hearing Examiner to
the City Council. The City Council would have to find that the four criteria necessary
for granting a variance are present.
ADJOURNMENT
The meeting was adjourned at 5:52 p.m.
Connie Murray, Hearing Exami
City of Richfield
Name K~2~- _~'.~A_
Address .' r ·
-\1.-4: ~ \.kl ':> <k ,U
~.~
f-v<-.~ . .
~ AI';y-1 G Ql
Date
1-10
Letter of Consent
~
As the owner of the property which abuts the interior lot line of
7238 Blaisdell Avenue, I consent to the following variance;
I consent to a variance concerning Richfield City Zoning Code
Section 521.11 Subdivision 8c(iii). (Copy Attached)
This consent would allow:the width of the garage to exceed 20 feet
and reduce the side setback from 5 feet to 3 feet.
-
~
-_.=~
,-- \ \
LANDIMAGES, INC.
lZa'cl 10/, /D7
September 27, 2007
Mr.& Mrs. Tolle
7238 Blaisdell Ave.
Richfield, MN 55423
Board of Adjustment and Appeals
c/o Community Development Department
6700 Portland Avenue,
Richfield, Mn 55423
Case # 07-VAR-07
LandImages Remodeling Inc would like to appeal the decision of the hearing examiner in
the case referenced above on behalf of Gary and Margaret Tolle, (7238 Blaisdell Ave).
The fee of 100.00 is included with this letter.
-?~
t:hn~dmanovich
Project Manager
LandImages, Inc.
651-775-7704
~
12255 120TH STREET SO. . HASTINGS, MN 55033 . (612) 437-8644
FAX (612) 437-8557
o 55 110
220
330
440
Feet
N
A
7-/~
7238 Blaisdell Ave - Variance Request 9/07
Surrounding Zoning
~ .
-
-
72ND STREET
~
~ f---
~ R
./
Y ~" f---
W R R W R
~ ~ ~
/R J: ....I ~
..J -
~ R R W R
C
0 en -
I ~ ;;: ,
..J
R J R Z R R m R R \
w -
~
-
R R R R R R
-
R R R R R R
f---
R R ""~ F f---
R R
a$o;~ I~ '--
\ 73RD STREET
-
1\ R R R R R7
-
~ R R R 1/
f---
R '" ~ R ~~ R
-
f---
f----
f---
~
R - Single-Family Residential
~
- -
f-13
7238 Blaisdell Ave - Variance Request 9/07
Surrounding Land Use.
I---
'---
72ND STREET
-
-
....--.::- RES ~
./ 100"""
-
RY "'"
w RES RES W RES ~S
~ ~ -
fES :J: ..J RE~
..J -
l- RES RES W RES
D:: C
0 U) -
I ~ <C ,
..J
RES RES Z RES RES III RES RES ~ -
J w ,
~
-
RES RES RES RES RES RES
I---
RES RES RES RES RES RES
f---
'"' " FE f---
RES RES RES RES
~
, 73RD STREET .1$O;~ )
~
\RES ----,
RES RES RES RES)
I---
~ RES RES RES /s
-
RES "- ~S RES ~~ RES
-
-
-
-
RES - Single-Family Residential
o 55 110
220
330
440
Feet
N
A
- -
t
AGENDA SECTION: OTHER BUSINESS
AGENDA ITEM # 8
REpORT # 275
.....
STAFF REpORT
RICHFIELD
CITY COUNCIL MEETING
OCTOBER 23, 2007
REpORT PREPARED By:
/ KRISTIN ASHE , ASSISTANT CITY
ENGINEER
COUNCIL PRESENTER:
I
REVIEWED By CITY
MANAGER:
DEPARTMENT DIRECTOR
REVIEW:
.
ITEM FOR COUNCIL CONSIDERATION:
Consideration of a Land Exchange Agreement between the City and Timothy and Luanne
Teachout (T & T Automotive), as part of the 66th Street and Portland Avenue Intersection
Pro'ect.
1.
RECOMMENDED ACTION:
By Motion: Authorize the Mayor and City Manager to execute a Land
Exchange Agreement between the City of Richfield and Timothy M.
Teachout and Luanne M. Teachout (T & T Automotive) substantially
consistent with the Key Terms outlined for the acquisition of land
needed to complete the intersection project.
I II.
BACKGROUND I
Portions of the T & T Automotive property have been identified as required in order
to proceed with the 66th Street and Portland Avenue Intersection Project.
.
Staff has negotiated with the property owner to reach a proposed land exchange
agreement, acceptable and reasonable, for the property takings and easements,
The proposed agreement will avoid the condemnation process and includes the
following Key Terms:
1023Teachout.doc
t
. exchange of 8,409 sq. ft. of remnant land for 8,339 sq. ft. of land from the
Teachout site
. reimbursement of $207,292.37, paid as earnest money, for the removal and
replacement of the underground gasoline tanks
. reimbursement for the cost of relocating the existing business sign (the city
will not pay for new signs)
. provisions for a right-of-entry agreement allowing Mr. Teachout to begin
installing underground tanks on the remnant land in order to reduce any
additional costs to the City due to cold weather installation.
BASIS OF RECOMMENDATION I
I A. POLICY I
. Portions of this pro~erty have been identified as necessary to be
acquired for the 66 h Street and Portland Avenue Intersection Project.
. Right-of-way acquisition procedures set forth by the Minnesota
Department of Transportation and the Federal Highway Administration
are being followed.
. The proposed Land Exchange Agreement is contingent on the
Transitory Ordinance which would become effective November 27,
2007.
CRITICAL ISSUES I
. Approving the purchase agreement at this time could potentially avoid
additional costs du~Jo replacing the underground tanks in cold
weather conditions.
I III.
lB.
It
I C.
FINANCIAL I
. The City will be responsible for payment of closing costs (est. $4,000)
. The $207,292.37 reimbursement for removal/replacement of the tanks
will be paid for using Municipal State Aid funds.
. The cost of relocating the existing sign will be paid for on a
reimbursement basis using Municipal State Aid,funds.
I D. LEGAL I
. Tom Scott, Esq. of Campbell Knutson, P.A., attorney acting on behalf
of the City, has overseen the agreement preparation and will be
available to answer any questions.
I IV. ALTERNATIVE RECOMMENDATION(S) I
. Do not authorize the Mayor and City Manager to enter into the proposed
Land Exchange Agreement and direct staff on how to proceed.
I V. ATTACHMENTS
. Site Plan
I VI. PRINCIPAL PARTIES EXPECTED AT MEETING I
. Timothy and Luanne Teachout, Owners of the T & T Automotive
. Tom Scott, Esq. Of Campbell Knutson, P.A.
t
II~
It
q:
.:<~
a~
~CiI
g.S
argo
- "'U
P-o
:s:a
::S" AI
:::J ~
co a..
~~
~
c
CD
5"
s-
Ol
CD
~
0"
::s
-I
go
-I
)>
c
s-
a
g.
(i"
~
a
"'C
~
fit
It
D ~ l?~~ ~~~ ~"1 . .
a oQ"
J iC~cr~ a'b'Of k:'1
b..~
.. ~$~ ~ QC")o ~~
~~~ :l) ~i ;,p "
I r [ ~ i:;-:;- ~ ~ !II " III
!U ~ i ~ I "'D
;a ~ '"in'"i ~ l~ t .~ ~ ::l PI 1
t ~ -.... a. 1=
<t !I: l!O~ l!O ~ ~n ~ Ii
n~l~ I ; ~ ~ '< .
t!l~ :z ~..~ ~~
'"i '"i >
,~ ~
-; :=:j ~~Q. a sa g~
!'iil . .g i
"'!i>ea; 110 ""'J::: go
I, ~~<o !< ......a
ill ~~ltllil ~ ~
J, \1l ~
it ii' "1jl:l~~ !:l
II Iii
i ~d
t
AGENDA SECTION:
AGENDA ITEM #
REpORT #
OTHER BUSINESS
9
276
.......
STAFF REpORT
RICHFIELD
CITY COUNCIL MEETING
OCTOBER 23, 2007
REpORT PREPARED By:
DAVE CONRADS, BUILDING
MAINTENANCE SUPERVISOR
NAME, TITLE
COUNCIL PRESENTER:
REVIEWED By CITY
MANAGER:
g/
,
DEPARTMENT DIRECTOR
REVIEW:
t
ITEM FOR COUNCIL CONSIDERATION:
Consider the award of contract for improvements at Fire Station #2 totaling $247,600.00.
I. RECOMMENDED ACTION:
By Motion:
. Approve the bid minutes and tabulation and award of contract to
Prestige Builders of MN in the amount of $247,600.00
I II.
BACKGROUND .1
Fire Station #2, located at 6401 Penn Avenue" was built in 1963. In 1984 the
building was remodeled and reroofed, The roof has now exceeded its life
expectancy. In addition, boiler replacement and ventilation upgrades are need.
The revised budget presented to the Council this summer contained $100,000.00 in
2007 and $75,000.00 in 2008 for needed repairs.
t
Bonestroo and Associates was hired to evaluate the building, recommend
improvements and put together bid specifications to replace the roof, improve the
ventilation and replace the boiler. During the design process the engineers
1023FireStation 2
~
discovered that the electrical panel was obsolete, the brick exterior needed
tuckpointing, and leaking windows needed replacement.
Specifications were prepared to make all the needed repairs as listed in the bid
tabulation (attached): .
Base bid (roof, ventilation, boiler, windows):
Alternate 1 (Electrical Panel)
Alternate 2 (Tuckpointing)
TOTAL
$218,000
$ 4,600
$ 25,000
$247,600
I III. BASIS OF RECOMMENDATION I
I A. POLICY I
. A bid opening was held on October 4, 2007 for the improvements at
Fire Station #2.
. Prestige Builders of MN was the lowest responsible bidder and is an
established contractor that meets all of the City's requirements.
I B. CRITICAL ISSUES I
. Many of the improvements needed are necessary to aid in providing a
healthy and safe environment for the firefighters as well as to protect
the investment in the Fire Station.
. Approval at the October 23, 2007, Council meeting will allow the
repairs to begin immediately.
.
I C.
FrnANCIAL I
. Funding for this project is provided in the Building Services Budget;
$100,000 in the 2007 Revised Capital Improvement Budget and
$175,000 in the Proposed 2008 Capital Improvement Budget. These
amounts will pay for the engineering fees in addition to the
construction contracts.
I D. LEGAL I
. The ad for bid was published in the Sun Current on Sept. 20, 2007 and
the Construction Bulletin on September 17, 2007.
. All contracts or purchases over $50,000 require sealed bids to be
solicited by public notice.
I IV. ALTERNATIVE RECOMMENDATION(S) I
. Council could reject all bids and delay the project at this time. This is not
recommended due to health and safety issues.
. . Council could reject all bids and instruct staff to re-advertise. It is the opinion
of staff that the bid submitted by Prestige Builders of MN is reasonable and
responsible.
. Council could accept the base bid without the alternates to save money at
this time but staff believes it will just cost us more to do these repairs in the
future if we defer them now. .
I V. ATTACHMENTS
. Bid minutes and tabulation
.
I VI. PRINCIPAL PARTIES EXPECTED AT MEETrnG
. None
It
q-J
CITY OF RICHFIELD, MINNESOTA
Bid Opening
October 4,2007
2:00 p.m.
2007 Richfield Fire Station NO.2 Improvements
Bid No. 07-43
Project No. 000673-07121-0
Pursuant to requirements of Resolution No.1 015, a meeting of the Administrative Staff was called by
Nancy Gibbs, City Clerk, who announced that the purpose of the meeting was to receive, open and
read aloud, bids for the Richfield Fire Station NO.2 Improvements, as advertised in the official
newspaper on September 20,2007 and the Construction Bulletin on September 17, 2007.
Nancy Gibbs
City Clerk
Nancy Gibbs, City Clerk
Cheryl Krumholz, City Manager Representative
Dave Conrads, Building Maintenance Representative
The following bids were submitted and read aloud:
Present:
Contractor's Name Bond Adm (2) Total Alternate Alternate
Base Bid No.1 No.2
Berwald Roofing Co. Inc. \I \I $317,000 $10,000 $35,000
Frerichs Construction Co. \I \I $238,000 $3,599 $26,641
GA Construction Inc. \I \I $249,000 $4,100 $51,000
Gladstone Construction Inc. \I \I $263,600 $4,000 $36,000
Meisinger Construction Co. \I \I $245,000 $5,000 $28,000
Parkos Construction Co. \I \I $237,300 $4,600 $45,800
Prestige Builders of MN, LLC \I \I $218,000 $4,600 $25,000
The City Clerk announced that the bids would be tabulated and considered at the October 23, 2007
Jity Council Meeting. .