11-26-01 AgendaCITY OF RICHFIELD, MINNESOTA
MONDAY, NOVEMBER 26, 2001
SPECIAL CITY COUNCIL WORKSESSION
COUNCIL CHAMBERS
6:00 P.M.
AGENDA
Call to order
Roll call
L Discussion of~proposed ordinance amendment regarding City's housing code and
licensing of rental property
II. Discussion of Resolution 8808 regarding City's progressive liquor discipline for
licensed liquor establishments - - -~
Adjournment
REGULAR CITY COUNCIL MEETING
COUNCIL CHAMBERS
7:00 P.M.
AGENDA
INTRODUCTORY PROCEEDINGS
Call to order
Roll call
Open Forum (7-7:15 p.m.)
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.
Adjournment.
Call to order
. Roll call
Pledge of Allegiance
Approval of minutes of Special City Council Meeting of November 9, 2001
PRESENTATION
1. Presentation from Adjutant General of Minnesota :Major General Eugene R. Andreotti
regarding support of City employees in Minnesota National Guard and participating in
State active duty
COUNCIL DISCUSSION
• Council attendance at upcoming community meetings
Notes:
AGENDA APPROVAL
2. Council approval of agenda
CONSENT CALENDAR
3. Consent Calendar contains several separate items which are acted upon by the
City Council in one motion.. Once the Consent Calendar has been approved, the
• individual items and recommended actions-have also been approved. No further
Council action is necessary. However, any Council Member may. request that an
item be removed from the Consent Calendar and placed on the regular agenda
for Council. discussion and action. All items listed on the Consent Calendar are
recommended for approval
A. Consideration of approval of resolution certifying deferral of special assessments
against certain owner occupied homestead property S.R. No. 287
B. Consideration of approval of leasing portion of Gleason Mortuary property at 7601
Pleasant Avenue S.R. No. 288
C. Consideration of approval of resolution. authorizing execution of year three of
Landscape Partnership Agreement between MnDOT and City of Richfield that would
fund plantings at Wood Lake Nature Center S.R. No. 289
D. Consideration of approval of resolution authorizing subdivision waiver for 62.10
Morgan Avenue S.R. No. 290
E. Consideration of approval of State of Minnesota request to renew currency exchange
license for Checks Cashed of America, LLC d/b/a Money Exchange, 7620 Lyndale
Avenue S.R. No. 291
Notes:
PUBLIC HEARINGS
4. Cancel public hearing regarding issuance of revenue bonds for Fraser project because
financing package cannot be completed until 2002
Notes:
5. Public hearing.. and consideration of resolution regarding appeal to Board of
.Adjustments and Appeals related to structure of 7329-15th Avenue.
__..._
Staff Report No. 292
Notes:
6. Public hearing and consideration of resolution authorizing conditional .use permit to
allow auto detailing businesses to locate and operate at 7720-7722 Wentworth Avenue
•
Staff Report No. 293
Notes:.
7. Public hearing and consideration of second reading of transitory ordinance authorizing
conveyance of real property to MnDOT for highway improvements on 1-494 and
conveyance of remnant parcel to Century Court Apartments
_ Staff Report No. 294
Notes:
RESOLUTION
8. .Consideration of resolution authorizing and directing City Attorney concerning pending
litigation
• Notes:
OTHER BUSINESS
CITY .MANAGER'S REPORT
Notes:
9. 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 tothree 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:
•
10.Adjourn to Special City Council Closed Executive Session in Executive Conference
Room for purpose of conducting. City Manager's annual performance evaluation
11. Reconvene. Regular City Council meeting
12. Report regarding City Manager's annual performance evaluation
Notes:
13:Adjournment of Regular City Councilmeeting
Auxiliary aids for individuals with disabilities are available upon request. Requests must be
made. at least 96 hours in advance to the Administrative Services Director at 612-861-9702.
•
•
AGENDA SECTION
AGENDA ITEM #
REPORT #
r
STAFF REPORT
CITY COUNCIL MEETING
NOVEMBER 26, 2001
Public Hearings
7
294
REPORT PREPARED BY:
NAME, TITLE
REPORT PRESENTER:
DEPARTMENT DIRECTOR REVIEW: /~
REVIEWED BY CITY MANAGER:
TOM FOLEY, TRANSPORTATION ENGINEER
MIKE EASTLING, PUBLIC WORKS DIRECTOR
ITEM FOR COUNCIL CONSIDERATION:
Public hearing and second reading regarding a transitory ordinance authorizing. the
conveyance of real property to the State of Minnesota Department of Transportation for
highway improvements to I-494 and authorizing the conveyance of a remnant parcel to
Century Courts Apartments.
I. RECOMMENDED ACTION:
Conduct and. close the public hearing and by motion: Approve
second reading of the attached transitory ordinance to authorize the
conveyance of real property to the State of Minnesota Department of
Transportation for the future widening of I-494 and the conveyance of
a remnant parcel to Century Court Apartments.
II. BACKGROUND I
The City of Richfield, City of Bloomington and the Minnesota Department of
Transportation (MnDOT) entered into a Memorandum of Understanding (MOU) to
finance the replacement of the Penn Avenue Bridge over I-494. Council approved
the MOU on July 10, 2000. Under the terms of the MOU, the City of Richfield is
required to acquire the necessary right of way needed for the construction of the
Penn Avenue Bridge Project over I-494.
1126PHconvey
NAME, TITLE
The City of Richfield has acquired right of way for the Penn Avenue Bridge and a
portion of that right of way must be transferred to MnDOT. Also, as part of a signed
Stipulation Agreement Council approved on October 8, 2001, a remnant parcel is
proposed to be transferred to Century Court Apartments.
The City passed a resolution on June 25, 2001 authorizing the conveyance of City
owned land to the MnDOT for roadway purposes so that MnDOT can allow the City
to begin. construction of the Penn Avenue Bridge over I-494.
III. BASIS OF RECOMMENDATION
A. POLICY
• First- reading. of the proposed transitory ordinance was held and
approved: on October 22, 2001.
• Notice of the November 26, 2001 public hearing was published in the
Richfield Sun-Current on November 14, 2001.
B. CRITICAL ISSUES
• MnDOT requires that the City transfer the necessary right of way to
MnDOT for construction of the Penn Avenue Bridge over I-494.
• The remnant parcel to be transferred to Century Court Apartments is
considered to be too small for redevelopment. The City and State of
Minnesota have no need for the land. -
• Century Court Apartments donated the. land that the Racquet Club
used to occupy to the City. The remnant parcel to be transferred by
the City is less than the size of the parcel that-was donated to the City.
C. FINANCIAL
• The City acquired the property using Best Buy Company-funds
committed to the Penn Avenue Bridge project.
D. LEGAL
• .The City must authorize MnDOT to use the described parcels of land
for highway improvements. City Attorneys have drafted the proposed
transitory ordinance on transferring the land to the Minnesota
Department of Transportation.
• There is a condemnation case involving the land to be transferred to
MnDOT, which is currently on appeal to the Minnesota Supreme Court
by the Walser Auto Dealer for return of the property to Walser. So far,
the courts-have ruled in the City's favor on the condemnation case.
Therefore, the conveyance to MnDOT should be made by quit claim
deed, and MnDOT should be made aware of the pending appeal to
the Minnesota Supreme Court before they accept title.
IV. ALTERNATIVE RECOMMENDATION(S~
• Postpone approval of the ordinance. There is no deadline on transferring the
property to MnDOT. However, under the City's Stipulation Agreement with
Century Court Apartments, the remnant land should be transferred by
December 31, 2001.
V. ATTACF~IMENTS
• Proposed ordinance of parcels to be conveyed.
• Maps (2) showing the land needed to be conveyed.
~ VI. PRINCIPAL PARTIES EXPECTED AT MEETING ~
BILL NO.
i TRANSITORY ORDINANCE NO.
AN ORDINANCE PROVIDING FOR THE SALE OF CERTAIN REAL PROPERTY
OF THE CITY FOR HIGHWAY IMPROVEMENTS OF T.H. 494 AT PENN AVENUE
SOUTH
S.P. NO. 2785-328
S.A.P. NO.27-632-22
CITY PROJECT N0.401-30-521
THE CITY OF RICHFIELD DOES ORDAIN AS FOLLOWS:
Section 1. The following property of the City is hereby authorized to be sold to the
Minnesota Department of Transportation
A portion of the southwest 1/4 of the southwest 1/4 of Section 33,
Township- 28 Range 24, Hennepin. County, Minnesota as shown on the
attached maps.
Section 2. The following property of the City is hereby authorized to be sold to the
Century Court Apartments
A portion of the southeast 1/4 of the southeast 1/4 of Section 32,
Township 28 Range 24, Hennepin .County,. Minnesota as shown on the
attached maps.
Section 3. The .Mayor and .City Manager are authorized and directed to sign all
documents necessary to effect the sale contemplated by this ordinance.
Passed by the City Council of the City of Richfield this 26th day of November, 2001.
Martin J. Kirsch, Mayor
ATTEST:
Nancy Gibbs, City Clerk
Date of Publication December 5.2001
Effective Date January 2. 2002
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J STAFF REPORT
AGENDA SECTION: public Hearings
AGENDA ITEM # 6
REPORT # 2 9 3
CITY COUNCIL MEETING
NOVEMBER 26, 2001
•
REPORT PREPARED BY:
REPORT PRESENTER:
DEPARTMENT DIRECTOR REVIEW:
REVIEWED BY CITY MANAGER:
BRUCE SYLVESTER,
PLANNING & ZONING ADMINISTRATOR
NAME, TITLE
BRUCE PALMBORG,
COMMUNITY DEVELOPMENT DIRECTOR
ITEM FOR COUNCIL CONSIDERATION:
Consideration of a request for a conditional use permit to allow auto detailing businesses to
locate and operate at 7720-7722 Wentworth Avenue.
I. RECOMMENDED ACTION:
Conduct. and close the public hearing and by motion: Approve the
requested conditional use permit to allow auto detailing businesses
to locate and operate at 7720-7722 Wentworth Avenue.
II. BACKGROUND
A conditional use permit (CUP) was granted for the property at 7720-7722
Wentworth Avenue in 1975 to allow the sale of `electric motor vehicles', the rental
and lease of trucks and vans, and to conduct an auto service garage. The CUP
does not include detailing work.
Since 1975, a variety of auto-related uses have been operated from this address.
In September of 2001, Mr. Lemon-the owner of an auto-detailing business-
. applied for. a business license to operate his auto detailing business at this address.
City licensing referred Mr. Lemon to the Zoning Administrator to make sure the
property was properly zoned. Richfield's Zoning Code requires a separate CUP for
auto detailing businesses [526.27, Subd. 13].
1126-7720Wenfinrorth. doc
NAME, TITLE
• The landlord-Mr. Hilmer Hovelson-has applied for the necessary CUP so he can
rent his property to businesses that provide auto-detailing services in addition to
business that conduct auto repair or auto/truck sales/leasing.
III. BASIS OF RECOMMENDATION
A. POLICY
Auto Detailing is a Conditional Use in the C-2 district. The findings necessary to
issue a CUP (546.05, Subdivision 6) are as follows:
a) The proposed use is consistent with the goals, policies, and objectives of the
City's Comprehensive Plan.. This finding is met. The Comprehensive Plan
identifies this area for `Regional Commercial/Office'.
b) The proposed use is consistent with- any officially adopted redevelopment
plans or urban design guidelines. This finding is met. There are no adopted
redevelopment plans for this address or the surrounding area.
c}- The proposed -use is- or will be in compliance with the performance
standards specified in Section 541 of this code. This finding is met.. There
are issues related to outdoor storage of debris and junk, which are
addressed below.
d) The proposed use will not have undue adverse impacts on governmental
facilities, utilities, services, or existing or proposed improvements. This
• finding is met.
e) The use will not have undue adverse impacts on the public health, safety, or
we/fare. This finding is met.
f) There is a public need for such use at the proposed location. This
requirement~is met. A large percentage of the community owns
automobiles. Also, local car dealerships contract with auto-detailing
businesses to clean used vehicles before they are sold at the dealership.
g) The proposed use meets or will meet all the specific conditions set by this
code for the granting of such conditional use permit. This finding is NOT
met, as explained below.
Automobile detailing is a conditional use in the C-2 district, as specified in Section 526.27,
Subdivision 13 of the zoning code. This section of the zoning code specifies that the
business must meet licensing requirements under section 1195 of the City Code. Section
1195 of the City Code provides sixteen requirements which must. be met for a business to
receive an automobile detailing license. Eleven of these conditions are met, while five are
not met. These sections of the City Code (Section 526.27, Subdivision 13 and Section
1195) are .attached to this Staff Report.
While the current request for a CUP meets eleven of the sixteen requirements for an auto
detailing business, it does not meet five of them and therefore does not meet this
requirement (letter `g' above...) for issuing a CUP. Nonetheless, staff recommends that
• this requested CUP be granted.. The following is an outline of the various requirements
which are not met, and staffs explanation for why this request for a CUP should be
granted despite not meeting these specific requirements.
Code .Requirements that are NOT met for an Auto Detailing CUP
. At 7720-7722 Wentworth Avenue
November 26, 2001
.]
Code Section Descri tion Staff Comments
1195.09 (a) Arterial This licensing code requires the .property to abut an
Roadway arterial roadway., While this condition is not strictly met,
the property is on a one-block section of Wentworth
with excellent access to both 77th and 78th Street.
1195.09 (c) No Outdoor This licensing code prohibits outdoor storage of
vehicle vehicles. The property at 7720-7722 Wentworth has a
storage large, gravel yard.. The owner of the property leases
this yard for various businesses to store their vehicles.
Staff recommends #hat the owner be allowed to
continue to lease his yard for this purpose, so long as
all vehicles are o erable.
1195.09 (h) No Exterior This licensing. code prohibits outdoor storage of
storage materials. The owner of the property leases space in
the yard at this property.. Staff recommends that
outdoor storage be allowed to continue, so long as no
trash or 'unk is stored on site.
1195.09 (j) Only One This licensing code allows only one curb-cut per street.
Curb cut The property has two curb cuts, but the cuts are in front
. of two se arate service ba sand both are needed.
1195.09 (m) No Trash This licensing code requires the property to be kept free
of litter, trash, weeds, and debris. Currently, the owner
leases a portion of the yard at this address to a garbage
hauler for storing trucks and waste material such as
scrap metal. Staff has told the applicant that no junk or
debris can be stored on site.
B. CRITICAL ISSUES
• Staff will recommend that the City Zoning Code be changed so that CUPs for
auto repair include auto-detailing work. Currently, a separate CUP is needed
for auto detailing, even if a property has a CUP for auto repair. The property
at 7720-7722 Wentworth Avenue has a CUP for auto-repair, but under
current zoning rules must apply for a separate CUP to legally allow auto-
detailing work on the premise.
• Richfield's Environmental Health Division has received one complaint in 2001
about cars being sold on street, although that division thinks it was a
neighbor who was selling cars, not businesses at this-address. The
Environmental Health Division also received two complaints in1995 for debris
and junk stored outside at this address. In 1992, the City received one
complaint about junk, debris and inoperable vehicles at this address..
• A 12-unit apartment building is directly across the street from this property.
The remainder of the surrounding area is used by similar auto,
manufacturing, or warehouse uses.
• Because of the presence of children in the vicinity, staff has required the
owner/applicant to more securely enclose his storage yard to prevent people
from entering the site.
• The property owner and applicant are allowing the outdoor storage area of
his property to be used by a garbage hauling business. This business stores
waste materials in the yard. Staff has informed the property owner and
• applicant that such storage of junk on the. property is not allowed.
• The owner/applicant has done some landscaping in front of the property.
C. FINANCIAL
• N/A
D. LEGAL
Zoning: C-2, General Commercial
Land Use: Auto Service-Automobile Repair and Detailing
Comprehensive Plan: Regional Commercial/Office
Notification: Neighbors and property-owners within 350 feet.
Legal notice appeared in the Sun Current on
November 14, 2001.
Other Actions:
Planning Commission: The Planning Commission recommended
approval of the requested CUP at it's October 23,
2001 meeting.. No one spoke against the request.
HRA: N/A
Hearing Examiner: N/A
Stipulations of Approval:
1. Use of the property for storage of junk and waste materials must cease
prior to a business license being issued.
2. The owner must enclose his yard in a manner to prevent people from
. being able to enter into the yard, especially children.
IV. ALTERNATIVE RECOMMENDATIONS)
Deny the requested Conditional Use Permit to allow auto detailing businesses to
locate and operate at 7720-7722 Wentworth Avenue.
V. ATTACHMENTS
• City Council Resolution
• Site Plan
VI. PRINCIPAL PARTIES EXPECTED AT MEETING
• Applicant/Owner: Mr. Hilmer Hovelson, owner and applicant
• Auto-detailing business owner: Mr. Bob Lemon
•
RESOLUTION NO.
• RESOLUTION AUTHORIZING A CONDITIONAL USE PERMIT
7720-7722 WENTWORTH AVENUE
WHEREAS, an application has been filed with the City of Richfield which requests
approval of a conditional use permit for an auto-detailing business to locate and operate on
land generally located at 7720-7722 Wentworth Avenue, legally described as:
Lot 2, Block 6, R.C: Soen's Addition
WHEREAS, the Planning Commission of the City of Richfield has recommended
approval of this requested Conditional Use Permit at 7720-7722 Wentworth Avenue at its
October 23, 2001 meeting, and
WHEREAS, this requested conditional use permit at 7720-7722 Wentworth Avenue
meets those requirements necessary for issuing a CUP as specified in Richfield's Zoning
Code, Section 546.05, Subd.6, except as explained in Staff Report No. ,and
WHEREAS, the City has fully considered the request for approval of the conditional
use permit;
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of
Richfield, Minnesota, as follows:
1. A conditional use permit is issued for an automobile detailing. business, as
.described in Staff Report No. , to locate and operate at the Subject
• Property legally described above.
2. This conditional use permit at 7720-7722 Wentworth is subject to completing
the following conditions before an auto-detailing license will be issued:
• That the recipient of this amendment to the conditional use permit record
this resolution with the County, pursuant to Minnesota Statutes Section
462.36, .Subdivision 1 and Richfield Zoning Code 546.05,. Subdivision.
• That use of the property for storage of junk and waste materials must
cease prior to a business license being issued.
• That the owner must enclose his yard in a manner to prevent people from
being able to enter into the yard, especially children.
3. The conditional use permit shall remain in effect for so long as conditions
regulating it are observed, and the conditional use permit shall expire if
normal operation of the use has been. discontinued for 12 or more months, as
required by the Zoning Ordinance, Section 546.05, Subd. 9.
Adopted by the City Council of the City of Richfield, Minnesota this 26th day of
November, 2001.
Martin J. Kirsch, Mayor
• ATTEST:
Nancy Gibbs, City Clerk
SITE PLAN FOR 7720 AND 7722 WENTWORTH AVENUE
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AGENDA SECTION: Public Hearings
AGENDA ITEM # 5
REPORT # 2 9 2
J STAFF REPORT
CITY COUNCIL MEETING
NOVEMBER 26, 2001
•
REPORT PREPARED BY: BRUCE SYLVESTER,
PLANNING & ZONING ADMINISTRATOR
NAME, TITLE
REPORT PRESENTER: BRUCE PALMBORG,
COMMUNITY DEVELOPMENT DIRECTOR
NAME TITLE
DEPARTMENT DIRECTOR REVIEW: ~/~.~
REVIEWED BY CITY MANAGER:
ITEM FOR COUNCIL CONSIDERATION:
Public hearing and consideration of an appeal to the Board of Adjustments and Appeals
regarding City staff's determination that a structure is a fence or wall, and as such is taller than
City regulations allow.
I. RECOMMENDED ACTION:
Conduct and close the public hearing and by motion: Deny the
appeal regarding City staff's determination that a structure is a fence
or wall. Also, require the owner of the fence or wall to remove it or
bring it into compliance with City fence or wall regulations.
II. BACKGROUND
A. Mr. John Kipp lives at 7329 15th Avenue South. In the summer of 2001, Mr.
Kipp constructed a structure in the back of his yard that is approximately 11
feet tall, 22 feet wide, and 4 feet deep. It is located 12 feet from the rear
property line and runs parallel with the rear property line.
Prior to constructing this structure, Mr. Kipp spoke with a building inspector to
learn -what the regulations are regarding "accessory buildings" and whether
or not he would need to obtain a building permit for the structure he was
planning to build. Based on the description of his proposed structure, the
112601-7329-15thAve.doc
building inspector informed Mr. Kipp that he would not need a building
. permit. The building inspector also informed Mr. Kipp that zoning regulations
required any "accessory building" to be no taller than 12 feet in height and no
closer to the rear property line than 3 feet,
After Mr. Kipp built his structure, aneighbor te- ear- of Mr. Kipp called the
City's Environmental Health Division to complain. about the structure. The
Environmental Health Division sent a Community Services Officer to Mr.
Kipp's property on September 13, 2001 and issued an Environmental Health
Violation Notice. This notice informed Mr. Kipp that the structure was a fence
and that it was in violation of City fence regulations. The notice also stated
that the fence needed to be taken down and that the property would be re-
inspected for compliance in five days.
B. After September 13 and before October 4, Mr. Kipp called and had several
phone conversations with City staff, including. Rick Regnier in Building
Inspections and Bruce Sylvester in Zoning, to discuss the Notice and the
requirement that the structure be taken down. Following is an outline of
these discussions:
• Mr. Kipp explained that the structure was an "accessory building" and
as such met all City requirements. Both Rick Regnier and Bruce
Sylvester examined photographs of the structure and agreed with
Environmental Health Division's determination that the structure was
in fact a fence or screening wall. In phone conversations with Mr.
Kipp, both Rick Regnier and Bruce Sylvester reaffirmed the
Environmental Health Division's requirement that the fence be taken
down.
• Mr. Kipp also explained that a building inspector had told him that the
structure he built met "accessory building" requirements. Mr.
Sylvester explained that City staff has determined that his structure is
not an accessory building but a screening fence or wall. (Note:
accessory buildings include garages, sheds, greenhouses, gazebos,
and carports.)
• Mr. Kipp stated that his structure is an `arbor'. Both Rick Regnier and
Bruce Sylvester searched City zoning codes and building codes-for a
definition of `arbor' and found none. Regardless of what Mr. Kipp calls
his structure, Mr. Regnier and Mr. Sylvester informed Mr. Kipp that his
structure is not an `accessory building' but a screening wall or fence.
• Mr. Kipp asked how he could modify his existing structure to make it
an accessory building. Mr. Regnier stated that nothing can be added
to a fence to make it become what the City considers to be an
"accessory building".
• Mr. Sylvester explained to Mr. Kipp that he could in fact build an
accessory building that is up to 12 feet tall in his back yard. An
accessory building's primary use or purpose is something other than
`screening', such as storage (sheds) growing plants (green houses) or
storing a vehicle (garages).
C. Mr. Kipp met in person with Bruce Sylvester on October 4. At that time, Mr.
Kipp explained that he built the structure. because the children of his neighbor
to the rear regularly used a trampoline. While Mr. Kipp's property is
separated from his neighbor's .property to the rear by a (approximately) 6 foot
high privacy fence, Mr. Kipp stated that the children jump and bounce high
enough on the trampoline that the six-foot high privacy fence does not
prevent the neighbor's children from interfering with his privacy and
enjoyment of his back yard. Mr. Kipp stated that he built the structure to
shield his rear yard from his neighbor's children.
Mr. Kipp then asked Mr. Sylvester what his options were if he wanted to keep
his structure. Mr. Sylvester explained that if he wanted to keep the structure,
he would either have to 1) contest City staff s determination that the structure
is a fence and appeal that determination to the Board of Adjustments and
Appeals, or 2) agree that the structure is a fence and apply for a variance
from the Hearing Examiner to allow him to have a fence that is higher than
six feet tall. -
On October 30, Bruce Sylvester received a letter from attorney Erich Russell
on behalf of Mr. John Kipp. The letter was an official request to appeal the
administrative. determination that the structure in question is a fence.
III. BASIS OF RECOMMENDATION
• A. POLICY
• Section 546.03, Subdivision 4 of City Code states that "The Board (of
Adjustments and Appeals) shall have the following powers: a) to hear
and decide appeals where it is alleged that there is an error in any order,
requirement, decision, or determination made by the Director in-the
interpretation or enforcement of this code..."
B. CRITICAL ISSUES
• In this appeal, the City Council must determine whether to uphold the
Community Development Director's determination that the structure in
Mr. Kipp's-rear yard is a fence or screening wall as opposed to an
accessory building.
• Photographs of the structure are included in the Staff Report materials.
• The structure is approximately 11 feet high.
• City Code 511.23, Subdivision 3 restricts fences and screening walls to
no more than four feet in height in the front yard and six feet in height in
aside or rear yard.
• City Code 521.11 restricts the height of accessory buildings to 12 feet.
C. FINANCIAL
• N/A
D. LEGAL
• City Code Section 546.03 regulates how the Board of Adjustments and
Appeals hears and considers appeals. Subdivision 7 states that "The
Board shall make a decision regarding any matter before it by adopting
findings within 60 days of submission of a written appeal, unless written
notice of an extension. is provided to the applicant".
• The application for an appeal was received on October 30, 2001. A
decision must be made no-later than December 29, 2001.
• Public Notice for this hearing was published in the Sun Current on
November 14, 2001, in compliance with the requirements of Section
546.03, Subdivision 6.
• The City Attorney has reviewed -this request and will be available at the
• Council meeting.
IV. ALTERNATIVE RECOMMENDATION~S~
• Reject the motion and find that the structure is an accessory structure that
meets City requirements rather than a screening wall or fence.
• Reject the.motion: and find that.the structure is a fence and. refer the matter to
the Richfield Hearing Examiner to'hear a request for a variance to the height
limit for fences.
V. ATTACHMENTS
• Board of Adjustments and Appeals Resolution
• Photos of structure
• Copy of Environmental Health Violation Notice
• Copy of correspondence from staff
• Letter of appeal-:from applicant's attorney
• City Code Sections:
• 511.23-Fences, Walls, and Hedges
• 521.05, Subd. 16-Accessory uses allowed in the R District
• 521.11, Subd. 2-Height limitations for accessory buildings
• 546..03-Board of Adjustments and Appeals
VI. PRINCIPAL PARTIES EXPECTED AT MEETING
• Erich Russell, attorney for appellant
• John Kipp, applicant
RESOLUTION NO.
WHEREAS, the Community Development Director has determined that a structure
located at 7329 15th Avenue South is a fence or screening wall that exceeds the maximum
height allowed under City Code Subsection 511.23, Subdivision 3; and
WHEREAS, John Kipp, the owner of property, has appealed the decision to the
Board of Adjustments and Appeals; and
WHEREAS, Mr. Kipp contends that the structure is an accessory building and not a
fence or screening wall; and
WHEREAS, the City Council, sitting as the Board of Adjustments and Appeals, has
held a public hearing to consider the appeal, at which all interested persons were given the
opportunity to be heard.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of
Richfield, Minnesota, acting as the Board of Adjustments and Appeals, as follows:
The Board of Adjustments and Appeals makes the following findings of fact
and conclusions of law:
. a. Mr. Kipp erected a structure in the rear yard of his property at 7329 15th
Avenue South.
b. The property is located in the Single Family Residential (R) zoning
district.
c. The structure is approximately 11 feet in height, 22 feet wide, and 4 feet
deep, and consists of four posts with over-lapping lattice screening on
the back side (22 feet wide) and both sides (4 feet deep).
d. The principal function of the structure appears to be to provide screening
from the adjacent property.
e. The applicant, Mr. Kipp, has admitted to City staff that the intended
purpose of the structure is to screen his back yard from the neighboring
property.
f. City Code Subsection 521.11, Subdivision 2 establishes a maximum
height for an accessory structure, other than a garage, at 12 feet.
g. To be governed by 521.11, Subdivision 2, an accessory structure must
be a structure that is allowed as an accessory use in the R zoning
district.
h. Among the accessory uses allowed in the R zoning district, under City
Code subsection 521.05, are garages, greenhouses, storage or utility
buildings, gazebos, carports. Those types of structures are typically
constructed as buildings consisting of four or more walls (either enclosed
or open-framed) and a roof, erected on a suitable foundation, and
providing shelter from the elements for persons or equipment.
i. Subsection 521.05 also allows fences, walls or hedges as permitted
accessory structures in the R zoning district, subject, however to the
restrictions imposed under Subsection 511.23.
j. Subsection 511.23(b) restricts the maximum height of a fence or wall
(which includes freestanding walls or decorative or privacy walls) to six
feet.
k. The structure in question is not a garage, greenhouse, storage or utility
building, gazebo or carport and is not similar to those types of structures,
in that it does not have four walls, lacks a roof, and serves no functional
utility similar to any of the permitted accessory structures identified in
Subsection 521.05.
I. The structure in question is more similar in design and function to a
screening wall or privacy fence than to a greenhouse, gazebo, storage
shed or carport.
m. The applicant has acknowledged that the intended purpose and function
of the structure is to screen the applicant's property from the view of the
neighboring property.
n. The structure is not a permitted accessory use in the. R zoning district,
except as a decorative wall or privacy wall.
o. The structure exceeds the maximum height for a decorative or privacy
wall.
2. The Board of Adjustments determines that the structure in question is a fence
or wall within the meaning of Subsection 511.23 of the City Code and that the
structure exceeds the maximum height allowed by that subsection.
• 3. The decision of the Community Development Director is affirmed, and the
applicant is ordered to remove the structure.
Adopted by the City Council of the City of Richfield, Minnesota this 26th day of
November, 2001.
Martin J. Kirsch, Mayor
ATTEST:
Nancy Gibbs, City Clerk
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• FNVIRONIVIENTAI_. H~Ai_•TH VIOLATION NOTI .F.
In order to keep Richfield neat and clean and a community in which we can all be proud of, we wish
to make you aware of a property maintenance violation we have noticed on your property. If you
have questions, please cai1861-98~. 6 a. R ~ c k 2 e~ ~ ~~ e t'
OWNER OR RESIDENT OF: ~ 3 ~ ~ ~ ~ + h
400.19. Houae Numbers. AU houses and commercial buildings must have street address numbers
on them and be large enough to be read from the street.
601.01/601.03. Garbage and Refuge. Richfield City ordinance prohibits the outside storage of
garbage and refuse on arty property in the city. The following items are examples of refuse: cans,
paper, cardboard, bottles, wood (not firewood), appliances, furniture, tires, bricks, .cement, etc. or
any other household refuse or materials. Garbage and refuse should be disposed of once a week for
residential dwelling unit properties. City ordinance requires that everyone in the city contract with
a licensed refuse hauler to provide garbage collection or must provide an environmentally sound
alternative, such as, self hauling to a licensed disposal facility or shared garbage service with a
neighbor. No person may accumulate or permit to accumulate any refuse on any property in the City
_ which might constitute a nuisance by reason of appearance, odor, sanitation, littering of the property
on which the refuse is accumulated, or an adjacent property, or a fire hazard.
601.25, Subd. 5; 601.09, Subd. 7. Garbage Contaioera. AU garbage cans or containers must be
equipped with tight fitting covers. Cans may not be placed on the curb area until after sunset of the
day before the scheduled pickup. After pickup has been made, cans must be.removed from the curb
area. Cans may be stored alongside or in back of the house or garage.
601.35. Comnoatina. Private composting is permitted if the following guidelines are met: only
organic materials can be composted; composting must be enclosed; composting must be located in
the rear yard, at least three feet from any property line; composting may not create a health hazard or
a nuisance to adjoining properties.
0
•
925.01, Subd. 2(b). Grass and Weeds. Any grass or weeds over the height of six inches is
prohibited and must be cut.
925.01(L). Firewood. Firewood may be stored outside on a property if it is neatly stacked. It
must be elevated above the ground, preferably 10 - 12 inches to prevent the harborage of vermin.
Other.~~~~C~.S- ;ll.a~~ 5~6d.I~~ihClVc~~cl~~en(e vtP~~s ~ be -~-aI~PN clo~~v1
PROPERTY WILL BE REINSPECTED IN
5 DAYS.
'Officer Badge #• ..7 ~ U
Date: ~" ~ ~ ~ U
EH_vio 2
October 8, 2001
Mr. John Kipp
7329 15th Avenue
Richfield, Minnesota 55423
r
~,/
Community Development epartment
MAYOR Dear Mr. Kipp:
MARTIN J. KIRSCH
I'm writing to follow-up from our meeting on October 4th.
CITY COUNCIL
JOHN ENGER
As I explained at that time, Betsy Christiansen in Environmental Health, Rick Regnier
SUSAN RosENBERG in Building Inspections, and I have determined that the structure you built in your back
SUZANNE M. SANDAHL and is a decorative or privacy wall. As such, this structure can only be 6 feet tall. (City
y
GERTRUDE ULRICH code section 511.23, Subdivision 3)
CITY MANAGER
SAMANTHA ORDUNO
As I explained, if you wish to keep your structure as is, you have two options. Your first
option is to contest our decision that your structure is a decorative or privacy wall and
appeal our decision to the Board of Adjustments and Appeals. (Note-the City Council
serves as the Board of Adjustments and Appeals) If you wish to pursue this option,
please submit your request to me in writing. Currently, the city does not charge a fee
for. this appeal process.
Your second option is to acknowledge that your structure is a decorative or privacy wall
and request a variance from the city's 6 foot height restriction. I provided you with
information about variances-including the 4 part test that must be met in order for a
variance to be granted-and an application form. If you wish to pursue this option,
please submit a completed application and the required fee to me. Once I have your
application and filing fee, I will schedule your request with the Hearing Examiner at the
next available Hearing Examiner meeting.
If you have questions about either of these options, please feel free to call me at 861-
9766.
Sincerely,
~~~
Bruce Sylvester
Zoning Administrator
BKS:ttf
CC: Rick Regnier
Betsy Christiansen
LJ
Tl~c~ Urban Hometoti>.~~z
6700 PORTLAND AVENUE, RICHFIELD, MINNESOTA 55423 612.861.9760 FAX: 612.861.8974
www.ci.richfieltl.mn.us AN EQUAL OPPORTUNITYEMPLOYER
•
ERICH J. RUSSELL ~1 ~+
alf.ltosgcy all.av
October 30, 2001
Bruce Sylvester
Zoning Adminisvator
City of Richfield
6700 Portland Avenue S.
Richfield, MN 55423
RE: John KiPP
7329 15~' Avenue S.
Order to remove arbor
9001 E. eloomington Freeway
Suite 120
Bloomington, MN 55~12t1
TeMpnor+e lets ttN46664
Fax (612) ~25cE
Pieose note area code change to 952
Appeal by fax and hardcopy pursuant w Richfield City Code 546.01 et seq.
Dear Mr. Sylvester:
I am the attorney for your reside»t John Kipp at the address above. Responding to your
correspondence of Octobez 8, 2001, Mr. Kipp appeals the administrative determination
that the structure in his beak yard is not in conformity with the existing zoning code and
• requests hearing before the Board of Adjustments and Appeals.
If a more formal submission is required please advise the undersigned and it will be
.prepared in behalf of my client. I anticipate appearing at the time of the hearing and
would appreciate receiving a copy of yourreport to the Board. 1 would hope that the
Board would be informed that the resident made inquiry to Inspections before
commencing construction and was advised that no permit was required subject to the
footprint limitations for accessory structures.
Sincerely,
Erich Russell
Fax 612-661-8974
CC: Kipp
U
• Richfield City Code (Zoning)
General Provisions
511.21, Subd. 12
(Rev. 2001)
Subd. 12. Performance standards.. A home occupation may not adversely impact the
residential character of the dwelling or its neighborhood because of the emission of
noise, odor, water, smoke, dust, gases, heat, glare, vibration, electrical interference, or
parking or traffic resulting from the conduct of the home occupation.
Subd. 13. Non-resident employee. One person in addition to the person or persons
who occupy the dwelling may be employed at the residence if a conditional use permit is
issued in accordance with Subsection :546.05 of this code.
Subd. 14. Hours of operation. The hours of operation for any home occupation shall be
limited to between 7:00 a.m. and 9:00 p.m.
Subd. 15. Use of equipment. No mechanical or electrical equipment requiring in excess
of 220 volts single phase shall be permitted in the conduct of a home occupation, and no
electric motor shall exceed three horse power.
511.23. Fences, walls, and hedges. Subdivision 1. General rule. A fence, wall, or hedge
may occupy a lot as provided in this subsection.
~~ Subd. 2. Definitions:
a) "Hedge" - a row of shrubbery which forms or is intended to form a barrier.
b) "Wall" -this term includes retaining walls, freestanding walls, and decorative or
privacy walls.
Subd. 3. Height:
a) no fence, wall, or hedge more than four feet in height shall be constructed or
permitted to grow forward of the front line of the principal building extended to
the side lot lines;
b) no fence or wall more than six feet in height shall be constructed elsewhere on
the lot, except that in "C-2" and "I"districts, the maximum height shall be eight
feet. A building permit shall be required- for fences and walls over six feet in
height; and
c) whenever a fence or wall is used in combination, or placed upon a berm, the
combined height shall not exceed the permitted heights outlined in paragraphs
a) and b) above.
Subd. 4. Corner lots. Fences, walls, and hedges located on any corner lot are subject
to the traffic visibility requirements described in subsection 511.15.
Subd. 5. Setback requirement. Fences, walls, and hedges located along aright-of-way
which contains a public sidewalk, or located along a street or alley, shall be set back not
• less than three feet from the nearest edge of such sidewalk, street, or alley.
• Richfield City Code (Zoning)
General Provisions
511.23, Subd. 6
(Rev. 2001)
Subd. 6. Prohibitions. Barbed wire and electric wire. fences are prohibited in all districts.
Fences shall not be constructed from chicken wire, welded wire, branches, or materials
originally intended for other purposes, unless a showing of a high degree of architectural
quality is achieved through the use of such, and prior approval is granted by the Director.
Subd. 7. Chain link. Chain link fences shall have a top rail and the barbed ends shall
be toward the ground. Inserts or slats which are woven through such fences shall be
kept in a good state of repair.
Subd. 8. Posts. Posts and stringers on any fence located at or near the lot line shall be
on the inside of the fenced area unless designed as an integral part of the fence. Posts
for wooden fences shall be spaced at intervals not to exceed eight feet. Posts for chain
link fences shall be spaced at intervals not to exceed ten feet. (Amended, Bill No. 1999-
3)
Subd. 9. Construction and maintenance. All fences and walls shall be constructed of
durable, weather resistant materials which are properly anchored. All fences and walls
shall be maintained in a condition of reasonable repair and shall not be allowed to
become and remain in a condition of disrepair, danger, or constitute a nuisance.
Subd. 10. Required screenina. Any fence or wall required as a screening device shall
be constructed of decay resistant materials which provide screening to the extent
• required by the Richfield Landscape Requirements, on file with the Office. of Community
Development.
Subd. 11. Tennis courts. An open chain link fence not exceeding ten feet in height shall
be permitted to .enclose tennis courts provided such fence is setback at least 15 feet
from any lot line.
Subd. 12. Certain structures. Fences and walls legally existing on or before March 20,
1982, may continue to exist and to be repaired and maintained.
Subd. 13. Recreational facilities. Fences and walls shall be permitted as part of park,
church, and school recreational facilities in accordance with standards on file with the
Community Development Department. (Added, Bill No. 1999-3)
•
Richfield City. Code (Zoning) 521.01
R District (Rev. 1998)
• SECTION 521 -ZONING: RESIDENTIAL DISTRICTS
521.01. Single Family Residential District (R). Subdivision 1. Subsections 521.01 to 521.16 apply to
the R District.
Subd. 2. Purposes. The purposes of the R District are to: .
a) protect and preserve the single family residential character of R District properties that
are in conformance with the Comprehensive Plan and this code;
b) reserve appropriately located areas for new and replacement single family dwellings at
densities which are consistent with sound standards of public health;
c) provide opportunities for infill cluster housing development and allow greater
intensities and wider varieties in the types of housing available to City residents
provided it is in harmony with the single family residential character of the R district;
(Amended, Bill No. 1996-22)
d) provide opportunities for cluster housing to serve as transitions in land. use in keeping
with the character of adjacent land uses at densities slightly higher than single family
housing but less dense than multi-family housing; (Amended, Bill No. 1996-22)
e) ensure adequate light, air, privacy, and open space for each dwelling;
f) minimize traffic congestion and avoid the overloading of utilities by preventing the
construction of buildings of excessive size (or density) in relation to the surrounding
land, buildings, or infrastructure; and
• g) protect residential properties from noise, illumination, unsightliness, odors, dust, dirt,
smoke, fire, vibration, heat, glare, and other objectionable or hazardous influences.
521.03. Permitted uses. Subdivision 1. The uses listed in this subsection are permitted uses in the R
District.
Subd. 2. Single family (detached) dwellings.
Subd. 3. Licensed residential care facilities or community based residential care facilities serving
six or fewer persons. Care facilities located within the R District shall be subject to the same
zoning regulations as single family dwellings in the R District. (Amended, Bill No. 1998-1)
Subd. 4. Governmental buildings and public libraries, including their appurtenances.
Subd. S. Minor public utilities.
521.05. Accessory uses. Subdivision 1. The uses listed in this subsection are allowable accessory uses in
the R District.
Subd. 2. Private garages which do not exceed 1,000 square feet in gross floor area, and which do
not exceed an aggregate of 1,200 square feet in gross floor area when combined with all other
accessory buildings and attached garages on the lot.
•
Richfield City Code (Zoning)
R District
521.05, Subd. 3
(Rev. 1996)
• Subd. 3. Greenhouses which do not exceed 175 square feet in gross floor area, and which do not
exceed an aggregate of 1,200 square feet in gross floor area when combined with all other
accessory buildings and attached garages on the lot, and further provided that no sale of products is
conducted on the lot.
Subd. 4. Storage buildings which do not- exceed 175 square feet in gross floor area, and which do
not exceed an aggregate of 1,200. square feet in gross floor area when combined with all other
accessory buildings and attached garages on the lot.
Subd. 5. Utility buildings and structures accessory to telecommunications towers and antennas
which do not exceed 350 square feet in gross floor area and which comply with. the setback
requirements for anon-residential accessory structure in the R district. (Added, Bill No. 1996-21)
Subd. 6. Gazebos which do not exceed 175 square feet in gross floor area, and which do not
exceed an aggregate of 1,200 square feet in gross floor area when combined with all other
accessory buildings and attached garages on the lot.
Subd. 7. Carports which do not exceed an aggregate of 1,200 square feet in gross floor area when
combined with all other accessory buildings and attached garages on the lot.
Subd. 8. Private swimming pools as defined in Section 420 of the City Code; provided that such
swimming pools and related equipment be located (i) at least ten feet from any rear lot line, (ii) at
least ten feet from any interior side lot line, (iii) at least 15 feet from any streetside side lot line, and
(iv) at least six feet from the principal building and any non-pool related accessory structure.
• Subd. 9. Licensed day care facilities serving 12 or fewer persons, or group family 'day care
facilities licensed under Minnesota Rules, parts 9502.0315 to 9502.0445 serving 14 or fewer
persons, or as otherwise permitted by law.
Subd. 10. Licensed foster family homes serving six or fewer children, or as otherwise permitted
by law.
Subd. 11. Private driveways, parking areas, and sidewalks for residential uses, provided the
following conditions are met:
a) all such driveways, parking areas; and sidewalks shall be set back no less than one foot
from any lot line abutting another parcel, except that upon written request from the
landowner, the Director may reduce or rescind this setback requirement for shared
access agreements or with a finding of necessity and public convenience;
b) all such driveways, parking areas, and sidewalks shall be constructed with concrete,
asphalt, concrete pavers, brick set in compacted sand, or other material approved by the
Director;
U
Richfield City Code (Zoning)
R District
521.05, Subd. 11 (c)
(Rev. 1999)
c) unless the Director authorizes a greater amount for landscape purposes, the maximum
impervious surface coverage within the front yard area shall comply with the following
table:
Lot Width Maximum Impervious Coverage
Within the Front Yard Area
50 feet or less: 50%
51-60 feet: 48%
61-70 feet: 46%
71-80 feet: 44%
over 80 feet: 42%
d) within the front yard area, no more than three parking spaces shall be permitted -- the
area between each garage stall and the street shall count as one parking space;
e) driveways, where located within the boulevard, are subject to the following
requirements:
(i) they shall not exceed 22 feet in width (curb cut radii excluded);
(ii) curb cut radii (five feet minimum). shall not encroach upon the boulevard of
abutting properties;
(iii) on corner .lots, driveways shall be set back at least. 30 feet from an
intersection, as measured from the point where the extended curb lines of the
streets intersect;
(iv) only one curb cut shall be permitted from a public street to an interior lot. A
corner lot may have one curb cut from each public street, provided the
driveway setback requirement in item (iii) above is met; and
(v) upon written request from the landowner, items (i), (ii), (iii), and (iv) above
may be varied by the Director with a finding of necessity and public
convenience.
f) driveways, parking areas, and sidewalks legally existing on or before December 31,
1993, may continue to exist and to be repaired and maintained, except that upon full
replacement, such driveway, parking area, or sidewalk shall comply with this
subdivision; and
g) any expansion or installation of a driveway, parking area, or sidewalk. on a lot shall be
subject to a City permit.
h) Any expansion, installation or replacement of a curb cut from a public street to a lot
shall be subject to a City permit and any curb cut abandoned with the installation of a
new cut shall be extinguished and replaced with curb and gutter according to
specifications determined by the Director of Public Works, except as provided in (e)
(iv), provided the curb cut meets all requirements of (e) and is in service for driveway
or parking purposes. (Added, Bill No. 1999-3)
Richfield City Code (Zoning)
R District
521.05, Subd. 12
(Rev. 1998)
Subd. 12. Satellite dish antennas and other antennas and towers that are incidental to the principal
use on the premises (not including those antennas and towers owned and operated by a
telecommunications company) provided that they conform to Section 425 of the City Code and that
they do .not extend higher than fifteen feet, from the antenna or related structure's point of contact
with the ground or rooftop to the highest point of the antenna, except as provided for in Section
521.07, Subd. 8 of this code. (Amended, Bill No. 1996-21)
Subd. 13. Commercial Wireless Telecommunication Service (CWTS) antennas and related
features, the use of which is not incidental to the principal use, provided that they meet the
following requirements:
a) they conform to Section 426 of the City Code;
b) they are located in the following residentially zoned locations: church, park,
government, school, utility and institutional sites;
c) they are located on the rooftop or near the roof-line; and
d) they do not extend higher than 15 feet from the antenna or related structure's point of
contact with the building to the highest point of the antenna, except as provided for in
Section 521.07, Subd. 9 of this code. (Added, Bill No. 1996-21)
Subd. 14. The accommodation of one roomer in addition to the family, provided that: (i) the
roomer plus the family shall not exceed a total. of five persons; (ii) such arrangement does not
constitute an accessory apartment; and (iii) adequate off-street parking is available (see definition.
of family).
Subd. 15. Home occupations which are operated in accordance with Section 511.21 of this code.
----~ Subd. 16. Fences, walls, and hedges as permitted in Section 511.23 of this code.
Subd. 17. Gardening, provided no sale of products is conducted on the lot.
Subd. 18. Parking for non-residential principal uses (e.g., schools or churches), as authorized by a
Council approved off-street parking permit.
Subd. 19. Other uses customarily associated with, but incidental to the principal use, as
determined by the City pursuant to Section 511.05 of this code.
521.07. Conditional uses. Subdivision 1. The uses listed in this subsection are conditional uses in the R
District, and are subject to the conditional use permit provisions outlined in Section 546.05 of this code.
Subd. 2. Day care facilities serving more than 12 persons licensed by the appropriate
governmental authorities, or accessory group family day care facilities licensed under Minnesota
Rules, parts 9502.0315 to 9502.0445 serving more than 14 persons, or as otherwise permitted by
law, provided the following conditions are met:
a) if the day care is not an accessory use (e.g.located in an existing school or church), the
use site shall abut a collector or arterial street or be located such that significant traffic
will not be generated on local residential streets;
b) parking lot setback and screening shall comply with the Richfield Landscape
Requirements, on file with the Office of Community Development;
c) designated pick-up and drop-off areas shall be located on the site; and
• d) outdoor play areas shall be set back at least 15 feet from any lot line which abuts a
residential parcel.
(Amended, Bill No. 1998-10)
Richfield City Code (Zoning)
R District
521.09, Subd. 3
(Rev. 1999)
• Subd. 3. Special grandfather clause for certain R lots. A lot that was a lot of record on or before
June 1, 1995 located in the R District which does not meet the minimum requirements set forth in
this code as to area and dimensions, may be used for single family (detached) development
provided that the width of such lot is not less. than 40 feet and such lot contains at least 5,000
square feet in area. When computing lot width and area, the area which is unencumbered with
street, alley, or highway easements shall be used.
Subd. 4. Maximum lot coverage:
Lots of 7,000 S . Ft. or less: 35%
Lots of over 7,000 S . Ft.: The reater of 35% or 2,500 S : Ft:
Cluster home develo ments: 35%
Non-residential uses: 50%
s~
(Amended Bill No. 1996-22; Bill No. 1999-3)
521.11. Required building setback and maximum height. Subdivision 1. Standards. The standards set
out in this subsection apply in the R District.
Subd. 2. Required setback and maximum height:
L%SE
:;
FRO;~'T
REAR
-, S/DI'
~ I:l'1'L'RIOR- SIDE
~ - ~
STIZEETSIDE-~ MAXIMUM
HEIGHT
SINGLE F_~1111L]' 30 Ft. 25 Ft. 5 Ft. 12 Ft. 25 Ft.
TWO EA~iVIILY (eu->> ~ 30 Ft. 25 Ft. 10 Ft: 12 Ft. 25 Ft.
C_L-USTER~HOM~ t '. ~ -
DEVELOPMENTS ;(C U -~ ~ 30 Ft. 25 Ft. ~ 5 Ft. 12 Ft. 25 Ft:
AG.CESSORY -GARAGE 30 Ft. 3 Ft. 5 Ft. 12 Ft. 14 Ft.
ACCESSORY -NON ~
GARAGE' STRUCTURES 30 Ft. 3 Ft. 5 Ft. 12 Ft. 12 Ft.
NON-RESII)~N1'f:~L 40 Ft. 30 Ft. 30 Ft. 30 Ft. 42 Ft.
ACCESSORI' 40 Ft. 10 Ft. 10 Ft. 30 Ft. 15 Ft.
(Amended Bill No. 1996-22; Bill No. 1999-3)
Subd. 3. Height measurement. For the purpose of non-garage accessory structures, height is
measured from the ground level to the highest point of the roof. (Added, Bill No. 1999-3)
Subd. 4. Additional setback requirement: vehicle access door facing a side or rear lot line.
Whenever any building (principal or accessory) is located in such a manner that a vehicle access
door faces a side or rear lot line, such side or rear setback requirement shall be not less than 20 feet,
except under the following conditions:
a) if a vehicle access door faces a "streetside" side lot line which abuts anon-arterial or
non-collector street, such "streetside" side setback requirement shall be not less than 15
feet; or
b) if a vehicle access door faces a rear lot line which abuts an alley, such rear setback
requirement shall be not less than 15 feet; or
• c) if a vehicle access door faces an "interior" side lot line on a lot that is less than 45 feet
in width, such "interior" side setback requirement shall be not less than 15 feet.
Richfield City Code (Zoning) 546.01
Administration ~ (Rev. 1995)
SECTION 546 -ZONING: ADMINISTRATION
546.01. Administration of Zoning Code. The Director shall be responsible for the administration and.
enforcement of this code. The Director shall create and maintain such systems of records and files and
establish such administrative procedures as are necessary to promote. the efficient administration and
enforcement of this code. The Director may designate additional persons as may be necessary or
convenient to administer and enforce this code. The Director may institute, in the name of the City, any
appropriate actions or proceedings against a violator of this code as provided in Sections 115 and 320 of the
City Code or any applicable statute. Any person aggrieved by any procedure or decision of the Director
may appeal to the Board of Adjustments and Appeals.
546.03. Board of Adiustments and Appeals. Subdivision 1. Establishment.. The Board of Adjustments
and Appeals is established and continued pursuant to Minnesota Statutes, Section 462.354.
Subd. 2. Short name. The Board of Adjustments and Appeals shall be referred to as the "Board"
in this Section 546.
Subd. 3. Council as Board. The. City Council shall serve as the Board of Adjustments and
Appeals.
Subd. 4. Powers. The Board shall have the following powers:
a) to hear and decide appeals where it is alleged that there is an error in any order,
• requirement, decision, or determination made by the Director in the interpretation or
.enforcement of this code;
b) to hear and decide variances to the literal provisions of this code upon the expiration of
authority of the Committee of Hearing Examiners established by Section 546.09 of this
code;
c) to hear and decide appeals of any decision made final by the Planning Commission or
by a Hearing Examiner.
Subd. 5. Application. An application/request for an adjustment or appeal shall be made to the
Director by written notice.
Subd. 6. Public hearing. Upon receipt of a written notice requesting an adjustment or appeal, the
Board may set a time and place for a public hearing on the request. At least ten days before the.
date of any such hearing, a notice of the hearing shall be published once in the official newspaper.
Subd. 7. Procedures. The Director shall prepare reports and other necessary information for the
Board. The Board shall make a decision regarding any matter before it by adopting findings within
60 days of submission of a written appeal; unless written notice of an extension is provided to the
applicant. The notification must state the reasons for the extension and its anticipated length, which
may not exceed 60 days unless approved by the applicant. If the Board fails to make a timely
decision, the appeal shall be deemed to have been approved. A copy of the Board's decision shall
be served by mail upon the person requesting the adjustment or appeal.
Richfield City Code (Zoning)
Administration
546.03, Subd. 8
(Rev. 1995)
• Subd. 8. Compliance.. In all cases in which adjustments or appeals are granted under the
provisions of this subsection, the Board may require such evidence and guarantees as it deems
necessary to insure compliance with any conditions placed upon such granting.
546.05. Conditional use uermits. Subdivision 1. Permit required. It shall be unlawful to engage in any
use listed in this code as a conditional use without first obtaining a conditional use permit (CUP) from the
City pursuant to this subsection.
Subd. 2. Limitations. A conditional use permit may not be issued for the purpose of granting an
adjustment or appeal, or for any use prohibited in the zoning district for which the permit is sought.
Subd. 3. Application. Application for a conditional use permit shall be made to the Director on
forms provided by the City.
Subd. 4. Planning; Commission review. After receipt of a completed application, a date shall be
set for consideration before the Planning Commission. The Planning Commission may offer
whatever public notice of its review it deems necessary. Following this consideration, the Planning
Commission shall make a recommendation to the City Council regarding the application.
Subd. 5. Public hearing. After receipt of the .recommendation of the Planning Commission, a date
shall be set for a public hearing. Not less than 10 days prior to the public hearing, notice shall be
published once in the official newspaper and sent by mail to all the owners of properties located
wholly or partially within 350 feet. The Council shall make the final determination on the
• application, and in doing so shall make findings regarding its review. The Council may impose
conditions and require guarantees on the granting of the permit in order to ensure compliance with
the conditions designated in connection therewith. The Council shall make a decision within 60
days of submission of a completed application unless written notice of an extension is provided to
the applicant. The notification must state the reasons for the extension and its anticipated length,
which may not exceed 60 days unless approved by the applicant. If the Council fails to make a
timely decision, the conditional use permit shall be deemed to have been approved. (Amended,
Bill No. 1995-19, Sec. 4)
Subd. 6. Conditions for issuance. The Council may not grant a conditional use permit unless it
finds that all of the following conditions will be met:
a) the proposed use is consistent with the goals, policies, and objectives of the City's
Comprehensive Plan;
b) the proposed use is consistent with any officially adopted redevelopment plans or urban
design guidelines;
c) the proposed use is or will be in compliance with the performance standards specified in
Section 541 of this code;
•
•
AGENDA SECTION: Consent
AGENDA ITEM # 3E
REPORT # 291
STAFF REPORT
CITY COUNCIL MEETING
NOVEMBER 26, 2001
REPORT PREPARED BY:
NAME, TITLE
REPORT PRESENTER:
NAME,
•
DEPARTMENT DIRECTOR REVIEW:
REVIEWED BY CITY MANAGER:
BETSY CxRISTENSEN, ADMINISTRATIVE
SUPPORT SERVICES MANAGER
DAN SCOTT, DIRECTOR OF PUBLIC SAFETY
~~
S/GNATURE
ITEM FOR COUNCIL CONSIDERATION:
Consideration of the request from the State of Minnesota to review the request for the renewal
of a currency exchange license for Checks Cashed of America, LLC d/b/a Money Exchange,
7620 L ndale Avenue.
I. RECOMMENDED ACTION:
By Motion: Approve the request for the renewal of a currency
exchange license for Checks Cashed of America, LLC d/b/a Money
Exchange, 7620 Lyndale Avenue.
~ II. BACKGROUND ~
On November 5, 2001, the City received notification from the State of Minnesota,
Department of Commerce, of a renewal application for a currency exchange license
in the name of Checks Cashed of America, LLC d/b/a Money Exchange, 7620
Lyndale Avenue.
All of the information required by the State of Minnesota has been provided by
• Checks Cashed of America, LLC d/b/a Money Exchange. In addition, the
background investigation conducted by the Bureau of Criminal Apprehension found
no information on the applicants, Sherri Marzario and Mark Smith.
1126 Money Exchange Renewal
There were five Public Safety contacts for this address for the previous year. The
contacts included one burglary alarm, two check. forgeries, one overtime parking,
and one disturbance.
The applicant has complied with State Statute 53A.04 for a currency exchange
license with the State of Minnesota.
III. .BASIS OF RECOMMENDATION
A. POLICY
• A license for this type of business is not required in the City.
However, effective on April 24, 1992, Minnesota Statute 53A.04
requires that the Department of Commerce submit any application for
licensure as a currency exchange license to the governing body of the
municipality in which the business proposes to conduct business.
• This law also requires the governing municipality to render a decision
regarding issuance or denial of the license within 60 days of the
receipt of the State's notification.
• The State.-requires that the. applicant. submit the following information
when applying for this type of license:
• License fees in the amount of $50.
• A current. fee schedule used for cashing checks, money
orders, or traveler's checks.
• A surety bond in the amount of $10,000.
• Any owner, partner, director, stockholder (owning 10% or
more of the corporate stock) or any employee with the
• authority to exercise management or policy control over the
company must submif to a background investigation by the
Bureau of Criminal Apprehension.
B. CRITICAL ISSUES
• N/A
C. FINANCIAL
• N/A
D. LEGAL
• N/A
TERNATIVE KECOMMENDATION(S) ~
Deny the request for the renewal of a currency exchange license for Checks
Cashed of America, LLC d/b/a Money Exchange. However, the. Public
Safety Department has found no reason to deny the requested license.
I V . ATTACFIMENTS I
VI. PRINCIPAL PARTIES EXPECTED AT MEETING
• NnnP_
L~
•
AGENDA SECTION: Consent
AGENDA ITEM # 3D
REPORT# 290
J STAFF REPORT
CITY COUNCIL MEETING
NOVEMBER 26, 2001
BRUCE SYLVESTER,
REPORT PREPARED BY: PLANNING & ZONING ADMINISTRATOR
NAME, TITLE
BRUCE PALMBORG,
REPORT PRESENTER: COMMUNITY DEVELOPMENT DIRECTOR
NAME, TITLE
DEPARTMENT DIRECTOR REVIEW: ~~/~~~
REVIEWED BY CITY MANAGER:
ITEM FOR COUNCIL CONSIDERATION:
Consideration of the attached subdivision waiver for 6210 Morgan Avenue.
I. RECOMMENDED ACTION:
By motion: Adopt the attached resolution approving the subdivision
waiver for 6210 Morgan Avenue.
II. BACKGROUND
The applicant, Mr. Jim Thomas, is seeking to divide his property at 6210 Morgan
Avenue into two parcels. Currently, a house sits on the south half of this property
and the north half is vacant. The parcel is immediately south of Highway 62.
If split, both parcels will meet minimum City requirements for lot area, width, and
depth. The south parcel will contain the existing house and the north parcel will
be a buildable lot. The applicant plans to construct a house on the north parcel
after the subdivision.
C
1126Subdivision.doc
• III. BASIS OF RECOMMENDATION,,,
A. POLICY
• Approval of the subdivision waiver would not interfere with the
purposes of platting regulations, Section 500.05.
• Compliance with the regular platting requirements of Section 500.05,
Subdivision 1 of the City Code would result in an unnecessary
hardship.
B. CRITICAL ISSUES
• Approval of the subdivision waiver will create two parcels that-meet
minimum City requirements for lot area, width and depth.
• The minimum lot width in the R district is 50 feet and the minimum lot
area is 6,700 sq. ft.
• Parcel A wilt be 60 feet wide, 134 feet deep and include an area of
8,040 sq. ft. This parcel will contain the existing house.
• Parcel B will be 59.8 feet wide on its Morgan Avenue frontage and
40.66 feet wide at the. rear of the lot. The average lot width will be
50.23 feet. Parcel B will include an area of 6,740 sq. ft.
• While the-front of Parcel B meets the minimum lot width requirement,
the rear of Parcel B-at 40.66 feet-will not meet this minimum width
requirement. However, Zoning Code 521.09,Subdivision 3 does state
that "A lot that was a lot of record on or before June 1, 1995 located
in the R District which does not meet the minimum requirements set
forth in this code as to area and dimensions, maybe used for single
• family (detached) development provided that the width of such lot is
not less .than 40 feet and such lot contains at least 5, 000 square feet
in area..."
• Parcel B was a-lot of record before June 1, 1995.
C. FINANCIAL
• N/A
D. LEGAL
• N/A
IV. ALTERNATIVE RECOMMENDATIONS
• Deny this subdivision waiver if a finding of fact determines that the proposal
would have an adverse impact on adjacent properties.
V. ATTAC~IMENTS
• City Council Resolution
• Survey of proposed parcel
VI. PRINCIPAL PARTIES EXPECTED AT
MEETING
• Mr. Jim Thomas, applicant
•
RESOLUTION NO.
• RESOLUTION AUTHORIZING A SUBDIVISION WAIVER
6210 Morgan Avenue
WHEREAS, an application has been filed with the City of Richfield (the "City")
which requests approval of a subdivision waiver for the division of certain parcels of
land located at-6210 Morgan Avenue, legally described as:
All of Lot 3 and that part of Lot 2, Block 3 Melbar, Hennepin County, Minnesota
lying South of a line running from a point in the East line of said Lot 2 distant 59.8
feet North of the Southeast corner of said lot 2 to a point in the-West line of said
Lot 2 distant 40.67 feet North from the Southwest corner thereof.
WHEREAS, the proposed division of land for which the subdivision waiver is
sought is legally described as
Parcel A: Lot 3, Block 2, Melbar.
Parcel B: That part of l_of 2, Block 2 Melbar lying South of a line running from
a point in the East line of said Lot 2 distant 59.8 feet North of the Southeast
corner of said lot 2 to a point in the West line of said Lot 2 distant 40.67 feet
North from the Southwest corner thereof.
WHEREAS, the resulting parcels A and B will comply with Section 521.09 of the
City Code relating to lot area and width; and
WHEREAS,. the City has fully considered the request for approval for the
subdivision waiver; and
WHEREAS, the City Council finds that compliance with the City Code Section
500.05, Subdivision 1 would result in unnecessary hardship and that failure to comply
therewith will not interfere with the purposes of the platting regulations of Section
500.01.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of
Richfield, Minnesota; as follows:
1. A waiver for the subdivision of the Subject Property legally described above
is hereby granted; and
2. Future transfers of any of the Subject Property may be by parcel or parcels
as described above as Parcel A and Parcel B; and
3. Parcel B may only be developed for a single family (detached) house; and
4. City staff is authorized and directed to take any action necessary to
effectuate this resolution and-to authorize the recording of conveyances
complying with the terms of this resolution.
Adopted by the City Council of the City of Richfield, Minnesota this 26th day of
November, 2001.
• Martin J. Kirsch, Mayor
ATTEST:
Nancy Gibbs, City Clerk
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•
AGENDA SECTION: Consent
AGENDA ITEM # 3C
REPORT # 289
~' STAFF REPORT
CITY COUNCIL MEETING
NOVEMBER 26, 2001
REPORT PREPARED BY: KAREN SHRAGG, NATURE CENTER
MANAGER
NAME, TITLE
REPORT PRESENTER: JIM TOPITZHOFER, RECREATION SERVICES
DIRECTOR
NAME, TITLE
DEPARTMENT DIRECTOR REVIEW: ~ j -' '~-
SIGN TUBE
REVIEWED BY CITY MANAGER: ~ ~ ~l/~ ~
ITEM FOR COUNCIL CONSIDERATION:
Consideration of resolution authorizing the execution of year three of the landscaping
partnership agreement between MnDOT and the City of Richfield that would fund plantings at
the Wood Lake Nature Center.
RECOMMENDED ACTION:
By Motion: Approve the resolution authorizing execution of year
three of the .Landscape Partnership Agreement between MnDOT and
the City of Richfield at the Wood Lake Nature Center.
II. BACKGROUND
In order for MnDOT to construct a soundwall along the stretch of I-35W that runs past the
Wood Lake Nature Center, the removal of 393 trees along the west edge of the Nature
Center was. necessary.
Although the removed trees were entirely located within MnDOT right-of-way, MnDOT has
graciously offered mitigation for the loss of these trees. Nature Center Manager Karen
Shragg has worked with MnDOT foresters to establish a landscape partnership plan. The
plan focuses on development of the FOWL Children's Forest, a habitat restoration project
on the east side of the Nature Center. These past two planting season, Wood Lake staff,
1126 Wood Lake-MnDOT Agreement
shrubs and plants. The agreement with MnDOT will provide an additional $6,000 for the
final planting season. The resolution will authorize the execution of this third and final year
of the partnership and will release the funding to the City.
III. BASIS OF RECOMMENDATION
A. POLICY
• MnDOT policy requires the approval of a resolution authorizing the
execution of the agreement before proceeding with year three of the
partnership.
B. CRITICAL ISSUES
• The FOWL Children's Forest project has begun with the planting of
$17,000 worth of trees, plants and shrubs in 2000 and 2001. This
landscaping partnership provides the Nature Center with the
necessary funding to complete the three-year project.
• As a provision of this partnership, Nature Center staff has agreed to
be responsible for the- labor and materials for planting and future
maintenance of the Children's Forest.
C. FINANCIAL
• Without this Landscape Partnership Plan with MnDOT, the financial
feasibility of proceeding with the Children's Forest project would be
uncertain.
D. LEGAL
• The plan has been,,reviewed and approved by the City Attorney.
IV. ALTERNATIVE RECOMIVIENDATION~S~
• Do not approve the resolution authorizing. the execution of the agreement.
V. ATTACHIVIENTS
• Resolution
• Copy of the Landscape Partnership Agreement between MnDOT and .the
City of Richfield.
VI. PRINCIPAL PARTIES EXPECTED AT MEETING
• None
RESOLUTION NO.
RESOLUTION AUTHORIZING THE EXECUTION OF THE COMMUNITY ROADSIDE
LANDSCAPING PARTNERSHIP AGREEMENT BETWEEN THE STATE OF
MINNESOTA, DEPARTMENT OF TRANSPORTATION, AND THE CITY OF RICHFIELD
FOR WORK PERFORMED IN THE WOOD LAKE NATURE CENTER ALONG
INTERSTATE 35W.
NOW, THEREFORE, BE IT RESOLVED that Martin J. Kirsch, Mayor, and
Samantha Orduno, City Manager, are authorized to execute the agreement between the
Minnesota Department of Transportation and the City of Richfield,. Wood Lake Nature
Center, for year three of the Community Roadside Landscaping Partnership Program for
work performed in the Wood Lake Nature Center along Interstate 35W between January 1
and December 31, 2002.
BE IT FURTHER RESOLVED that Wood Lake. Nature Center Manager Karen
Shragg is hereby authorized to apply to the. Minnesota Department of Transportation for
funding of this project on behalf of the City of Richfield.
Adopted by the City Council of the City of Richfield, Minnesota this 26th day of
November, 2001..
•
Martin J. Kirsch, Mayor
ATTEST:
Nancy Gibbs, City Clerk
•
•
MN/DOT COMMUNITY ROADSIDE LANDSCAPING
PARTNERSHIP PROGRAM
APPLICATION FORM
Submitted By: Wood Lake Nature Center/City of Richfield
Date: 11/1/oi
•
~~~qti
0
a
OF Z
•
4
PART II - Mn/DOT COMMUNITY ROADSIDE LANDSCAPING PARTNERSHIP PROGRAM
PROJECT APPLICATION
(1) APPLICANT
Local Government Unit / Community Wood Lake Nature Center/City of Richf field
Address 6710 Lake Shore Drive, Richfield, MN 55423
(2) COMMITTEE OF PRIMARY CONTACT PERSONS: One of the Committee members must
be employed as a staff member or representative of the Local Government Unit.
Name Karen Shragg (Manager) _ Phone 612-861-9365
Address See Above
Name Tom Moffatt Phone 612-861-9369
Address See Above
Name Scott Ramsay Phone 612-861-9365
Address See Above
. .
(3) DESCRIBE THE LOCATION OF THE PROJECT SITE(S). (Include county, city and the limits
of the project.) Trunk Highway:
Hennep,j,n o~nt~., c;ty of Ri~hf;al~,Between 67th and 70th Gtraat-on the
west side of L ndale Avenue.
(4) BRIEFLY STATE THE GOALS AND SCOPE OF YOUR PROPOSED PROJECT.
To reclaim an old picnic „ aroma ~f » la,,.i fnrccr The area waG most _
recently used as a temporary storage area for dredge spoils resulting rom___
a dredging project carried out at Wood Lake during the ears 1995-98.
rigina y t e-area was a picnic area and adjacent parking lot. This area was
om use an a ecome a sig or van a ism an of er pro ems wit in
. the park.-This project will result in the reclamation of this area as a forested
par o e nature center. ew trai s will allow the public to view a type of
(5) BRI~~~tS~~~I'P~~L~~tAI~~'I~P~T~T AND APPROVAL. PROCESS USED AND
SIGNIFICANT COORDINATION WITH OTHER PROGRAMS.
This project has been titled the "Friends of Wood Lake-Children's Forest". F.O.W.L
supports the nature center through fund raising, memberships, donations, and service.
projects. The commitment of F.O.W.L. has been tremendous. FOWL has paid to relocate
fencing around the area, and to refurbish a trail shelter adjacent to the future forest.
Future commitment from FOWL includes tree planting volunteers, long term maintenance
funding until the area has established itself Local scout tronnG vMCA ~rnunG_ srhaol
classrooms, and the high school honor society have also expressed interest in the project
5
(6) LIST THE REQUIRED MATERIALS ONLY AND THE ESTIMATED MATERIAL COSTS
FOR THE PROJECT (soil amendments, herbicide, plant materials, seed, sod, construction
materials, weed fabric, mulch, rodent protection, etc.) DO NOT INCLUDE LABOR OR
EQUIPMENT.
PROJECT MATERIALS
(on state right of way only) QUANTITY ESTIMATED COST
-Trees 130 $2365
ru s $1100
Groundcover/Grasses and Forbes 100 plants & Seed $220
Tree Tubes and Stakes 130 each $325
Misc Items (peat moss, etc.) $225
Tax, Freight, Sontingency, etc. $1058.75
TOTAL MATERIAL COST $5293.75
(Include Sales Tax and Shipping)
(7) SHOW THE DESIRED TIMETABLE FOR COMPLETION OF EACH MAJOR COMPONENT
OF THE PROPOSED PROJECT FROM PREPARATION OF PLANTING AREAS THROUGH
COMPLETION OF INSTALLATION.
TIMETABLE BEGINNING DATE: 3/30/02 ENDING DATE: 10/30/02
COMPONENT YEAR J F M A M J J A S O N D
Preliminary Layout and Staking 2001
x
Spray or Remove existing weeds & grasses 2001 x x x
Cultivate planting and seeding areas
(soil amendments, rototillin)
2001-0
x
x
x
Stake individual plant locations x
Install Plants 2002 x x x
Install Turf N/A
Install Mulch 2002 x x x x
Install Plant Protection 2002 x x x
(8) DESCRIBE THE TYPES OF LABOR FORCES AND THE ESTIMATED QUANTITY OF
PERSONNEL THAT WII.L INSTALL AND MAINTAIN THE PROJECT. (city crews, youth
service corp., contractors, volunteers) If the majority of work is to be performed by volunteers, a
preliminary pledge list of volunteers must be attached.
The seven(7) city of Richfield staff at Wood Lake will do the majority of site preparation.
and will supervise the following work crews:
1) Minneapolis Y-Start Crews 7) Hennepin County Sentnce to Serve
2 St. Thomas Academ Senior Work Crews 8) Minneapolis Washburn High School Volunteers
3) Richfield High School Honor Society 9 Echo-Elliot Pro-Teen Crew
4) City of Richfield Employee Tree Planting Day 10) Local Scout Troups
5)VOS- Vocational Outreach Services Crew 11) Wood Lake Summer Volunteer, Participants
6)Richfield High Schocl Mentorship Program
STATEMENT OF ASSURANCES
To the best of my knowledge and belief, data in this .application are, true and correct, and the document
has been duly authorized by the government unit of the applicant with full understanding of the program
requirements. It is .agreed that at least one primary contact person will hold a training session for the
community workers, volunteers and contractors to provide proper direction and information packets for
landscape project inspection, installation, and maintenance. It is agreed that if volunteer workers are to be
used, they will meet minimum age or eligibility requirements. It is agreed that the government unit of the
applicant will enter into an Agreement with Mn/DOT ensuring that the government unit of the applicant
will ensure or provide required maintenance of the landscape improvements on roadside areas per the
Agreement.
Signature of the Primary Contact Person Date
Authorized By The Local Government Unit
REQUIRED ATTACHMENTS
TO BE INCLUDED AS PART OF THE APPLICATION:
(A) ~ RESOLUTION OR LETTER AUTHORIZING APPLICATION AND
DESIGNATING AUTHORIZED PRIMARY CONTACT PERSON.
(B) MAP OF PROJECT LOCATION.
(C) MN/DOT APPROVED LANDSCAPE PLAN (Approval Stamped and. Dated By
District /Metro Division and Landscaping Programs Staff.)
(D) VOLUNTEER PLEDGE LIST (If volunteers are to be used)
The documents submitted in support of this application shall be considered part of this application.
PART III - Mn/DOT COMMUNITY ROADSIDE LANDSCAPING PARTNERSHIP PROGRAM
APPENDICES
I. SAMPLE OF RESOLUTION OR LETTER AUTHORIZING APPLICATION AND
DESIGNATING AUTHORIZED PRIMARY CONTACT PERSON.
II. LIST OF RESOURCES.
III. MAP OF MN/DOT DISTRICTS AND LIST OF DISTRICT/NIETRO DIVISION CONTACTS
WITH ADDRESSES AND PHONE NUMBERS.
IV. EXAMPLE LANDSCAPE PARTNERSHIP COOPERATIVE AGREEMENT. WITH
MAINTENANCE ACTIVITY CHARTS
V. PARTIAL LIST OF ACTIVITIES TO INSURE SUCCESS OF PARTNERSHIP PLANTINGS.
VI. MN/DOT LANDSCAPING PARTNERSHIP PROCESS FLOW DIAGRAM.
•
•
s
U
•
APPENDIX I - Mn/DOT COMMUNITY ROADSIDE LANDSCAPING PARTNERSHIP PROGRAM
RESOLUTION OR LETTER
AUTHORIZING APPLICATION AND PRIMARY CONTACT PERSON
Applicants must adopt the following as a resolution or letter and submit it with the application.
Applications without a completed and signed resolution or letter will not be considered.
Be it resolved that
(applicant/local govemment)
act as sponsoring unit for the project identified as
on the state trunk highway(s) to be conducted
during the period through .
(duration dates)
Be it further resolved is hereby authorized to apply
(name of primary contact person)
to the Minnesota Department of Transportation for funding of this project on behalf of
(applicant/local govenvnent)
I certify that the above resolution was adopted or approved by of
(City Council or City/County official)
on
(applicant/local govemment) (date)
SIGNED:
(signature)
(title) (date)
WITNESSED:
(signature)
(title) (date)
•
•
AGENDA SECTION: Consent
AGENDA ITEM # 3B
REPORT # 28$
J STAFF REPORT
CITY COUNCIL MEETING
NOVEMBER 26, 2001
REPORT PREPARED BY:
BRUCE PALMEORG, COMMUNITY
DEVELOPMENT DIRECTOR
NAME, TITLE
REPORT PRESENTER:
BRUCE PALMBORG, COMMUNITY
DEVELOPMENT DIRECTOR
NAME, TITLE
DEPARTMENT DIRECTOR REVIEW:
SIGNATURE
•
•
REVIEWED BY CITY MANAGER:
ITEM -FOR COUNCIL CONSIDERATION:
Lease a portion of the Gleason .Mortuary site from the Housing and Redevelopment Authority.
I. RECOMMENDED ACTION:
By Motion: Authorize the City to lease a portion of the Gleason
Mortua ro ert at 7601 Pleasant Avenue.
IL BACKGROUND
The Housing. and Redevelopment Authority (HRA) purchased the mortuary property
when the business ceased operation. The building and site are vacant.
III. BASIS OF RECOMMENDATION
A. POLICY
• The HRA purchased the property at an opportune time and is holding
it for development. However, development will not be pursued until
the future of the adjacent City garage is determined.
• it would. be safer for City equipment to enter and exit the City garage
via 76th Street.- Also the City could use additional outside storage.
112601GIeason
The mortuary site would provide both the safer access and additional
storage space.
. • The City has leased land on a temporary basis from the HRA in the
past.
B. CRITICAL ISSUES
• Safety and storage space would be increased.
C. FINANCIAL
• Rental cost would be $300 per month to be paid by Public Works
D. LEGAL
• The lease would be similar to those previously used with the HRA with
a 60-day cancellation provision by either party.
IV. ALTERNATIVE RECOMMENDATION(S~
• Reject the leasing concept.
V. ATTACPIMENTS
• N/A.
• VI. PRINCIPAL PARTIES EXPECTED AT MEETING
• N/A
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AGENDA SECTION: CONSENT
AGENDA ITEM ~ 3A
REPORT # 287
~' STAFF REPORT
CITY COUNCIL MEETING
NOVEMBER 26, 2001
REPORT PREPARED BY: CHRIS REGIS, FINANCE MANAGER
NAME TITLE
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REPORT PRESENTER; CHRIS.. REGIS, FINANCE MANAGER
DEPARTMENT DIRECTOR REVIEW:
_ ~ - ~ SIGNATTJRE ~
REVIEWED BY CITY MANAGER:
ITEM FOR COUNCIL CONSIDERATION:
Approval of the attached resolution certifying deferral of special assessments for certain
ell ible homeowners.
L RECOMMENDED ACTION:
By Motion: Adopt the attached resolution approving eligible deferral
of special assessments. against an owner occupied homestead
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II. $ACKGROUND
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III. BASIS OF RECOMMENDATION
A. POLICY
• Resolution No. 731,0, approved by the City Council on June 22, 1987,
authorizes the City to approve requests for the deferment of special
assessments upon homestead properties owned by persons 65 years
of age or older or by persons of permanent total disability for whom it
would be a hardship to pay such special assessments.
• One application for deferral of payment of special assessments has
• been received. The request is for 2000 tree removal assessment,
payable 2001, in the amount of $800.00.
• Staff-has determined that the applicant is eligible according to the
provisions contained in Resolution No. 7310 dated June 22, 1987.
B. CRITICAL ISStTES
• N/A
C. FINANCIAL
• The amount of the special assessment to be deferred is $800.00.
D. LEGAL
• N/A
N. ALTERNATIVE RECOMMENDATION(S~
• Do not approve the resolution deferring the special assessment. However,
this may cause severe financial hardship for the applicant.
V. ATTACHMENTS
• Resolution approving eligible deferral of special assessments against owner
• occupied homestead properties of persons permanently and totally disabled.
VI. PRINCIPAL PARTIES EXPECTED AT MEETING
• None.
RESOLUTION NO.
. RESOLUTION APPROVING ELIGIBLE DEFERRAL
OF SPECIAL ASSESSMENTS AGAINST OWNER OCCUPIED
HOMESTEAD PROPERTIES OF PERSONS PERMANENTLY AND
TOTALLY DISABLED
WHEREAS, Resolution No.-7310 was passed by the City Council on June 22, 1987,
establishing procedures for deferment of special assessmen#s against owner occupied
homestead properties of persons 65 years of age or older and persons permanently and
totally disabled; and,
WHEREAS, application for deferral of payment of special assessments have been
made on forms prescribed by the county auditor and the homeowner has furnished the city
the necessary information for determining eligibility in compliance with Minnesota Statutes,
Section 435.193 to 435.195.
-NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield,
Minnesota, that the following owner-occupied property be approved for deferral of special
assessments as listed below:
PROPERTY ID ADDITION NO. AMOUNT
29-028-24-41-0125 46790 $800,00
• 1. Such deferral of payment of special assessments shall terminate and all amounts
accumulated, plus applicable interest, shall become due upon the occurrence. of any
of the following events:
(a) dea#h of the owner, provided that the surviving spouses is not eligible for the
benefrts hereunder;
(b) the sale, transfer or subdivision of the property or any part thereof;
(c) if the property should for any reason lose its homestead status;' or
(d) if for any reason the taxing authority deferring the payments shall determine
that there would be no hardship to require immediate or partial paymen#.
2. That the City Clerk is hereby authorized to certify a copy of this resolution to the
County Auditor of Hennepin County, Minnesota.
Passed by the City Council of the City of Richfield, Minnesota this 26th day.of November,
2001.
Martin J. Kirsch, Mayor
ATTEST
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Nancy Gibbs, City Clerk