06-11 Resolution No. 12215RESOLUTION NO. 12215
RESOLUTION APPROVING AN AMENDMENT TO
THE PARKING AGREEMENT ASSOCIATED WITH THE
CONSTRUCTION OF A BUILDING ADDITION FOR PARTNERSHIP ACADEMY AT
6500 NICOLLET AVENUE SOUTH
WHEREAS, by Resolution No. 11970, adopted on April 12, 2022, the City
approved an amended final development plan and conditional use permit to allow
construction of an addition onto an elementary school building “Partnership Academy”,
located at 6500 Nicollet Avenue South, property legally described as:
LOT 1, BLOCK 1, RICHFIELD HUB SUPERBLOCK, HENNEPIN COUNTY,
MINNESOTA
WHEREAS, A condition of the 2022 approval was that Partnership Academy must
return to the City within two years with plans to provide the lessor of 80 parking stalls or
the number of parking stalls that meets the requirements of the Zoning Code, and that
Partnership Academy execute a Parking Agreement detailing the specific terms and
penalties associated with this requirement; and
WHEREAS, The Parking Agreement was negotiated and executed, with a “due”
date of April 12, 2024, and the Parking Agreement specifies that Partnership Academy
must pay to the City $50,000 per calendar year, unit it is in full compliance with the
planned unit development condition; and
WHEREAS, Partnership Academy has 37 parking stalls on site, and has brokered
a License Agreement (which does not meet the requirements of the Zoning Code) with
Brixmor, the adjacent property owner to the west, for the use of up to 60 of their parking
stalls; and
WHEREAS, Partnership Academy has requested an extension to the timeframe in
which to comply with the Parking Agreement without penalty, including the option for
subsequent administrative extensions, subject to an acceptable off-site parking
arrangements; and
WHEREAS, in order to counter the fact that the License Agreement with Brixmor
has a 15-day termination clause, Partnership Academy has written the Amendment to the
Parking Agreement with the City such that the automatic payment of the $50,000 penalty
is triggered and due immediately upon termination without having an adequate alternative
arrangement in place; 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 May 29, 2024 meeting, and recommended approval of a one year time extension
without penalty, and four annual options for administratively approved extensions;
NOW, THEREFORE, BE IT RESOLVED, by the City Council, that the City of
Richfield approves the Amendment to the Parking Agreement including a one year
extension and four annual options for administrative extensions, subject to an
acceptable arrangement for off-site parking.
BE IT FURTHER RESOLVED, by the City Council, that:
1.The Mayor and City Manager are hereby authorized to execute the
Amendment to the Parking Agreement, which essentially provides until April
12, 2029, to establish a permanent parking solution.
2.Partnership Academy is responsible for recording the executed copy of the
Amendment to the Parking Agreement and providing proof of such to the City
in a timely fashion.
3.The penalty for noncompliance by April 12, 2024 shall be waived.
Adopted by the City Council of the City of Richfield, Minnesota this 11th day of
June, 2024.
Mary B. Supple, Mayor
ATTEST:
Kelly Wynn, Interim City Clerk