04-09 Resolution No. 12196RESOLUTION NO. 12196
RESOLUTION APPROVING AN AMENDMENT TO
THE CONSTRUCTION AGREEMENT
FOR A MULTI-STORY PARKING STRUCTURE FOR AUDI RICHFIELD
AT 1401 - 77TH STREET EAST
WHEREAS, on April 28, 2015, the City Council approved a comprehensive plan
amendment, rezoning, and planned unit development / conditional use permit / final
development plan to allow Audi Richfield (Audi) to build a new car dealership at 1401 -
77th Street East (Property), property legally described as:
Lot 1, Block 1, Richfield Properties, Hennepin County, Minnesota.
WHEREAS, the minimum required building coverage in the Mixed Use –Regional
Zoning District is 50%, and the Audi’s proposal included building coverage of only 29%
of the site without a multi-story parking structure, and approximately 44% with a multi-
story parking structure; and
WHEREAS, during the application process, Audi represented it would prefer to
wait, rather than construct the parking ramp immediately, because the anticipated
volume of business for a newly opened automobile dealership did not justify the
construction of a parking ramp; and
WHEREAS, Audi agreed that it would construct a parking ramp on the Property
within five years of the City’s land use approvals and was willing to stipulate to this as a
condition in the Conditional Use Permit (City Council Resolution No. 11075); and
WHEREAS, Audi deposited $50,000 of escrow funds, and entered into a
Construction Agreement with the City, for the purposes of completing construction of the
parking ramp on the Property no later than April 28, 2025; and
WHEREAS, Audi has not yet submitted plans for construction of the parking
ramp, and now wishes to extend the deadline for completion by up to four additional
years; and
WHEREAS, notice of the public hearing was mailed to properties within 350 feet
of the subject property and published in the Sun Current newspaper on March 14, 2024;
and
WHEREAS, the Planning Commission of the City of Richfield held a public hearing
at its March 25, 2024 meeting and recommended approval of the request;
NOW, THEREFORE, BE IT RESOLVED, by the City Council, that the City of
Richfield approves the “First Amendment to the Construction Agreement”, extending the
application date to no later than April 28, 2028 and the construction date to no later than
April 28, 2029, subject to all terms stated in the Agreement.
BE IT FURTHER RESOLVED, by the City Council, that:
1.The Mayor and City Manager are hereby authorized to execute the First
Amendment.
2.Audi is responsible for recording both the original Construction Agreement and
the First Amendment to the Agreement, and for providing proof of both to the
City.
3.During the extension period, Audi shall make concerted efforts to fulfill the
agreement, shall document the efforts made, and shall provide such
documentation in a report of their progress if a development is not ready by the
end of the term.
Adopted by the City Council of the City of Richfield, Minnesota this 9th day of
April, 2024.
Mary B. Supple, Mayor
ATTEST:
Dustin Leslie, City Clerk