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04-13-98 agenda• CITY OF RICHFIELD, MINNESOTA MONDAY, APRIL 13, 1998 REGULAR CITY COUNCIL MEETING 7:00 P.M. COUNCIL CHAMBERS AGENDA INTRODUCTORY PROCEEDINGS CALL TO ORDER PLEDGE OF ALLEGIANCE ROLL CALL - -- APPROVAL OF MINUTES OF THE (1) SPECIAL CITY COUNCIL CLOSED EXECUTIVE SESSION OF MARCH 23,1998; (2) REGULAR CITY COUNCIL MEETING OF MARCH 23,1998; AND (3) REGULAR CITY COUNCIL STUDY SESSION OF APRIL 6, 1998 PRESENTATIONS PRESENTATION OF PROCLAMATION DESIGNATING APRIL 7-MAY 3, 1998 STUDENTS AGAINST DRUNK DRIVING WEEK IN RICHFIELD 2. PRESENTATION OF PROCLAMATION DESIGNATING APRIL 19, 1998 EARTH DAY 1998 IN RICHFIELD 3. PRESENTATION OF PROCLAMATION DESIGNATING MAY 1998 ARBOR MONTH AND APRIL 25, 1998 ARBOR DAY IN RICHFIELD 4. PRESENTATION OF PROCLAMATION DESIGNATING MAY 3-9,1998 NATIONAL DRINKING WATER WEEK IN RICHFIELD 5. PRESENTATION OF PROCLAMATION DESIGNATING MAY 17-23,1998 NATIONAL PUBLIC WORKS WEEK IN RICHFIELD INDIVIDUALS WHO WISH TO ADDRESS THE COUNCIL ARE REQUESTED TO PRINT THEIR NAME AND ADDRESS ON THE SPEAKER'S REGISTER FOR THE RECORD. 6. OPPORTUNITY FOR CITIZENS TO ADDRESS THE COUNCIL ON ITEMS NOT ON THE AGENDA AGENDA APPROVAL 7. COUNCIL APPROVAL OF AGENDA i CONSENT CALENDAR 8. CONSENT CALENDAR CONTAINS SEVERAL SEPARATE ITEMS WHICH ARE ACTED UPON BY THE CITY COUNCIL IN ONE MOTION. ONCE THE CONSENT CALENDAR HAS BEEN APPROVED, THE INDIVIDUAL ITEMS AND . RECOMMENDED ACTIONS HAVE ALSO BEEN APPROVED. NO FURTHER COUNCIL ACTION IS NECESSARY. HOWEVER, ANY COUNCIL MEMBER MAY REQUEST THAT AN ITEM BE REMOVED FROM THE CONSENT CALENDAR AND PLACED ON THE REGULAR AGENDA FOR COUNCIL DISCUSSION AND ACTION. ALL ITEMS LISTED ON THE CONSENT CALENDAR ARE RECOMMENDED FOR APPROVAL. A. CONSIDERATION OF APPROVAL OF RESOLUTION AUTHORIZING SUBDIVISION WAIVER AT 300 WEST 78TH STREET C.L. 75 B. CONSIDERATION OF APPROVAL OF RELEASE OF DECLARATION OF EASEMENTS AND RELATED COVENANTS (FORMER CLOVERLEAF SITE) C.L. 76 C. CONSIDERATION OF APPROVAL OF AWARD OF CONTRACT TO ZIELGER FOR NEW RUBBER TIRE HYDRAULIC EXCAVATOR FOR TOTAL PURCHASE PRICE OF $154,055 C.L. 77 D. CONSIDERATION OF APPROVAL OF AWARD OF CONTRACT TO KNISH CONSTRUCTION COMPANY, INC. FOR JOINT CLEANING AND RESEALING, CRACK SEALING, AND REPAIR OF NON-REINFORCED CONCRETE PAVEMENT IN ALLEYS IN AMOUNT OF $22,001.90 C.L. 78 E. CONSIDERATION OF APPROVAL OF AWARD OF CONTRACT TO RON KASSA CONSTRUCTION, INC. FOR SODDING, CONCRETE SIDEWALK, AND APPURTENANT WORK AS PART OF 77TH STREET PROJECT IN AMOUNT OF $27,432.35 C.L. 79 F. CONSIDERATION OF APPROVAL OF AWARD OF CONTRACT TO BITUMINOUS ROADWAYS, INC. FOR REPLACEMENT OF FOUR TENNIS . COURTS AT CHRISTIAN PARK IN AMOUNT OF $38,607 C.L. 80 PUBLIC HEARINGS 9. PUBLIC HEARING AND SECOND READING OF ORDINANCE AMENDING CHAPTERS 3 AND 8 OF RICHFIELD CITY CHARTER COUNCIL LETTER NO. 81 10. PUBLIC HEARING AND CONSIDERATION OF RESOLUTION APPROVING CONDITIONAL USE PERMIT TO ALLOW CONSTRUCTION OF 134-UNIT EXTENDED STAY HOTEL AT 300 WEST 78TH STREET COUNCIL LETTER NO. 82 11. PUBLIC HEARING AND SECOND READING OF ORDINANCE AMENDMENT REZONING PROPERTY ALONG INTERSTATE 494 THAT IS INCONSISTENT WITH CITY'S COMPREHENSIVE PLAN COUNCIL LETTER NO. 83 12. PUBLIC HEARING AND CONSIDERATION OF RESOLUTION APPROVING CONDITIONAL USE PERMIT TO ALLOW CONSTRUCTION OF MONTESSORI SCHOOL AND DAY CARE FACILITY FOR 90 CHILDREN AT 1100 EAST 66TH STREET COUNCIL LETTER NO. 84 13. PUBLIC HEARING AND CONSIDERATION OF RESOLUTION APPROVING • CONDITIONAL USE PERMIT TO ALLOW SIX-SEAT RESTAURANT AT SUBWAY IN RICHFIELD SHOPPES, 10 EAST 66TH STREET COUNCIL LETTER NO. 85 14. PUBLIC HEARING REGARDING ACCEPTANCE OF PLANS AND SPECIFICATIONS AND DIRECTION FOR STAFF TO RECEIVE BIDS FOR RECONSTRUCTION OF 70TH STREET BETWEEN CHICAGO AVENUE AND BLOOMINGTON AVENUE COUNCIL LETTER NO. 86 PROPOSED ORDINANCES 15. CONSIDERATION OF RESOLUTION AUTHORIZING ACQUISITION OF 6241-14TH AVENUE TO PERMIT HRA TO PROCEED WITH HENNEPIN TECHNICAL COLLEGE NEW CONSTRUCTION PROJECT AND FIRST READING OF TRANSITORY ORDINANCE AUTHORIZING SALE OF PROPERTY TO HRA COUNCIL LETTER NO. 87 16. FIRST READING OF ORDINANCE AMENDMENT RELATING TO COUNCIL SALARIES • COUNCIL LETTER NO. 88 ADMINISTRATIVE REPORTS AND OTHER BUSINESS AIRPORT BUSINESS 17. AIRPORT STATUS REPORT CORRESPONDENCE 18. LEGISLATIVE REPORT COUNCIL CHOICE 19. COUNCIL DISCUSSION ITEMS 20. CLAIMS AND PAYROLLS 21. ADJOURNMENT 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 861-9702. CITY OF RICHFIELD, MINNESOTA Council Letter No. 88 Agenda April 13, 1998 Issue Statement: First reading of an ordinance amendment relating to Council salaries. Background: Chapter 11, Section 210 of the City ordinance establishes the salaries of the City Council and provides that the salaries of the Council Members be reviewed by December 1 of each year in which an election is held. The City Council adopted Policy Statement No. 1 on July 13, 1987. The policy statement provides that in years a municipal election is to be held, the Council shall establish a revised pay schedule for Council Members and the Mayor. The policy also provides that the amount of increase granted to employees in the year subsequent to the previous salary adjustment would be used as a guideline. The salary increase for employees in the General Services and Management pay plans was 2.5% in 1995, 3% in 1996, 3% in 1997, and 3% in 1998 Council salaries were last adjusted 2.5% for fiscal year. 1994 (effective in 1995). The current salary of the Mayor is $7,762 annually; and each Council Member salary is . $6,025 annually. The City Council did not approve a salary increase in 1996 (effective 1997). As stipulated in the City Charter, salary increases do not take effect until after the next succeeding municipal election. This means any change in salaries would be effective January 1, 1999. At the April 6, 1998 Study Session, the City Council requested that a proposed ordinance amendment to increase Council salaries by 3% be prepared for consideration at the April 13, 1998 City Council meeting. The 3% increase would adjust the Mayor's salary to $7,995 per year and Council Member salaries to $6,206 per year. Recommended Motion: Approve first reading of an ordinance amendment to Chapter 11, Section 210.01 of the ordinance code to increase the salary of the Mayor from $,7762 to $7,995 per year and the salaries of Council Members from $6,025 to $6,206 per year; and to schedule the public hearing and second reading for May 11, 1998. Basis of Recommendation: 1. Chapter II, Section 210 of the City ordinance establishes salaries of the City Council and provides that salaries of Council Members be reviewed by December 1 of year in which an election is held. 0 2. The City Charter stipulates that City Council salaries may be adjusted only by ordinance. Acting City Manager Alternative Recommendation: 1. Continue discussion of this item to another Council meeting. 2. Proposed alternative salary adjustments other than the proposed amount. 3. Do not approve first reading of the ordinance and take no further action. Discussion/Decision Mode: This item has been scheduled for first reading at the April 13, 1998 City Council meeting. If the ordinance is approved on second reading at the May 11, 1998 City Council meeting, salary increases would become effective January 1, 1999. R spoc ully sub tted, y Ste 0 SLD:ds 0 0 BILL NO. AMENDMENT TO SECTION 210 OF THE ORDINANCE CODE OF THE CITY OF RICHFIELD THE CITY OF RICHFIELD DOES ORDAIN: Section 210 of the ordinance code of the City of Richfield is hereby amended by amending Subdivisions 1 and 2, Subsection 210.01 to read as follows: Subdivision 1. Mayor. The salary of the mayor is $7;762 $7,995 per year. Ej Subdivision 2. Council. The salary of a member of the council is $6,025 $6.206 per year. Passed by the City Council of the City of Richfield this day of '1998. Martin J. Kirsch, Mayor ATTEST: Thomas P. Ferber, City Clerk 0 15, CITY OF RICHFIELD, MINNESOTA Council Letter No. 87 Agenda April 13, 1998 Issue Statement: Consideration of a resolution authorizing acquisition of 6241-14th Avenue to permit the HRA to proceed with a Hennepin Technical College (HTC) new construction project and first reading of an ordinance authorizing sale of the property to the HRA. Background: The HRA and HTC have developed sites under the Voluntary Acquisition Program with new housing for moderate income families for approximately 18 years. In order to utilize federal funding for acquisition, HUD rules require that the City purchase the property and subsequently transfer it to the HRA to re-sell at the appropriate time. The City would use 1997 CDBG funds reserved in the HRA's New Home budget for this acquisition. City revenues would not be used for the purchase. The property is a small 1-1/2 story house with several health, safety and maintenance problems. The owner has moved into an assisted living facility and the property is now vacant. The property was appraised at $56,000. Upon authorization, the City would enter into a purchase agreement with the owner to acquire the property using CDBG funds. The City would then sell the property to the HRA for $1. It is anticipated that the City could acquire the property by the end of April or early May 1998. Sale of the property to the HRA could occur by June 5, 1998 if the transitory ordinance is approved at the April 27 City Council meeting. The HRA would be responsible for any holding or maintenance costs incurred at the property after acquisition by the City. Construction would begin in late July, after the property is transferred to the HRA. Recommended Motion: It is recommended that the City Council take the following actions: 1. Adopt the attached resolution which authorizes the City Manager and Mayor to: A. Enter into a purchase agreement and take other actions necessary to acquire the property at 6241-14th Avenue from the owner for $56,000. B. Enter into a sale agreement with the HRA and take other actions necessary to transfer the property to the HRA for $1. C. Schedule a public hearing and a second reading of the transitory ordinance for April 27 to accomplish the sale to the HRA. 2. Give first reading to the attached transitory ordinance. 9 Basis of Recommendation: 1. The HRA has identified this property for the New Home Program and authorized staff to acquire the property. 2. The property is substandard and qualifies for acquisition. The property owner is interested in selling the property through the Voluntary Acquisition Program. 3. Funds have been budgeted for acquisition, clearance, and maintenance from 1997 federal CDBG funds. The CDBG funds must be utilized for these purposes and the site must be redeveloped to provide a new home for a moderate income, first-time buying family. 4. Staff is finalizing the preliminary work which would commit this site to an HTC construction project in 1998. 5. The acquisition and disposition of the property is in conformance with the Comprehensive Plan. 6. HUD rules require a process by which the City acquires the property and transfers the property to the HRA. City owned property requires the adoption of a transitory ordinance to effectuate a sale. Acting City Manager Alternative Recommendation: • The City can choose not to acquire the property. However, the property has been severely neglected and is currently vacant. No better acquisition site has been identified for the HRA first-time buyer project. Discussion/Decision Mode: The sale from the City to the HRA will require a public hearing and second reading of a transitory ordinance scheduled for April 27, 1998. Res ectf Ily subm' d, V 1 Devich SLD:ds /HQ- RESOLUTION NO. THE CITY OF RICHFIELD, MINNESOTA RESOLUTION AUTHORIZING PURCHASE OF REAL PROPERTY LOCATED AT 6241-14TH AVENUE WHEREAS, the City of Richfield, Minnesota (the "City") proposes to sell real property to the HRA for $1.00 in furtherance of HRA housing programs; and WHEREAS, the City has considered the purchase of 6241-14th Avenue with CDBG funds on behalf of the Richfield HRA for $56,000. The property is further described as: Address: 6241-14th Avenue Legal Description: Lot 17, Block 1, Nokomis Gardens Rearrangement of Blocks 1, 2, 3, 4, and 5, Girard Parkview WHEREAS, pursuant to the City Charter, Section 13.04, the City is authorized to sell its property following a public hearing for which notice was published not less than ten days before such hearing. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Richfield, Minnesota as follows: 1. The City Manager and Mayor are authorized to take those actions necessary to purchase 6241-14th Avenue for $56,000. 2. The City shall hold a public hearing and second reading of the ordinance regarding the sale of the land to the HRA on Monday, April 27, 1998. 3. The City Clerk is directed to publish notice of such hearing in the official newspaper of the City and post notice of said hearing. Adopted by the Housing and Redevelopment Authority in and for the City of Richfield, Minnesota this 13th day of April, 1998. Martin J. Kirsch, Mayor • ATTEST: Thomas P. Ferber, City Clerk 15 3 0 TRANSITORY ORDINANCE NO. AN ORDINANCE AUTHORIZING AND PROVIDING FOR THE SALE, TRANSFER OR OTHER DISPOSITION AND CONVEYANCE OF CERTAIN CITY OWNED REAL PROPERTY LOCATED IN THE CITY OF RICHFIELD, COUNTY OF HENNEPIN, STATE OF MINNESOTA (6241-14TH AVENUE) The City of Richfield Does Ordain: Section 1. The following described real property located in the City of Richfield, County of Hennepin, State of Minnesota, is hereby authorized to be sold, transferred or otherwise disposed of, and conveyed by the City as herein provided: Lot 17, Block 1, Nokomis Gardens Rearrangement of Blocks, 1, 2, 3, 4, and 5, Girard Parkview, Hennepin County, Minnesota, and having the street address of 6241-14th Avenue South, Richfield, Minnesota. Section 2. The Mayor and City Manager are hereby authorized to take all action as is required to sell, transfer, or otherwise dispose of and convey the real property described in the foregoing Section 1, including, by way of illustration and not limitation, the execution of all documents, purchase agreements, deeds of conveyance, an other instruments connected with such sale, transfer or disposition and conveyance. Passed this Richfield City Council. day of 1998 by the Martin J. Kirsch, Mayor ATTEST: Thomas P. Ferber, City Clerk 9 CITY OF RICHFIELD, MINNESOTA Council Letter No. 86 Agenda April 13, 1998 Issue Statement: Public hearing regarding acceptance of plans and specifications and direction for staff to receive bids for the reconstruction of 70th Street between Chicago Avenue and Bloomington Avenue. Background: For several years residents and staff have noted that the outer portions of 70th Street in the subject area have been settling. The curb has been moving away from the pavement and the pavement has been cracking and settling. This deterioration has caused safety concerns and has reduced the usability of the street. In response to this deterioration, soil borings were conducted along the subject length of 70th Street. The soil borings and related soil inspections indicate that when the street was constructed to its current configuration in the early 1970's the outer portion of the street was built on unstable soils. Staff is recommending that the street surface, curb and gutter and sidewalk be removed. The unstable soils will then be excavated and replaced with granular backfill. 00 The entire width of the street will then be dug up to a depth of two feet, the good soils will then be placed back onto the roadbed and the entire street will be compacted. After the roadbed is stable, the street will be reconstructed. A public information meeting was held March 19 to discuss the proposed project with residents. Invitations to the meeting were mailed to approximately 300 properties. Residents from three properties attended the information meeting. Staff has also met with the School District, specifically the staff of the Intermediate School and Community Education. User groups of these buildings will be contacted and made aware of the project. Comments received to date about the project are attached. Staff has only received requests to expand the project area. Staff is not aware of any unfavorable comments about the project. Recommended Motion: Close the public hearing, accept plans and specifications for the proposed project and authorize the bidding process to proceed. Basis of Recommendation: 1. The length of 70th Street between Chicago Avenue and Bloomington Avenue is in need of major repair due to unstable soils under portions of the street. 2. Replacement of only the outer portions of the street will result in savings of only about $35,000 but would leave an aged and brittle center of the road and cold joints 14-I • between the new and old pavement. Cold joints create a new and ongoing maintenance problem. 3. Funds for this improvement are available in Richfield's Municipal State Aid (gas tax) account. 4. The project was included in the 1998 Capital Improvement Budget. 5. Notice of this public hearing was given in the official City newspaper. Residents in the area of the project were invited to a public information meeting and were made aware of the public hearing in the letter of invitation to the meeting. The project has been discussed with the School District. Alternative Recommendation: 1. Council could direct staff to not reconstruct the proposed 70th Street improvement. 2. Council could direct staff to replace only the outer portion of the street while retaining the existing center portion of 70th Street. Discussion/Decision Mode: Staff requests Council to consider receiving plans and specifications and authorizing - staff to receive bids on April 15, 1998 at it's April 13, 1998 meeting. q SLD:ds Attachments 0 Acting City Manager /q-?L • COMMENTS RECEIVED REGARDING PROPOSED IMPROVEMENT OF 70TH STREET, CHICAGO AVENUE TO BLOOMINGTON AVENUE NAME COMMENT Doug Lund (telephone call taken by Atkinson) Concerned about speed and 6944-14th Avenue traffic volumes. "It is a race track." He suggests narrowing street to 866-8116 the width that existed before 1970's reconstruction (two driving lanes and one parking lane). He suggests narrowing the street even if it costs Richfield State Aid funds. 0 0 Public Works Department N-3 6700 Portland Avenue • Richfield, Minnesota 55423-2599 City Manager Mayor James D. Prosser Martin J. Kirsch March 5, 1998 Council Susan Rosenberg Kristal Stokes Michael Sandahl Russ Susag Open House to discuss improving 70th Street • Dear Resident: Richfield's Engineering staff will hold an Open House on Thursday, March 19, 1998 between 3:00 p.m. and 7:00 p.m. at Richfield City Hall, 6700 Portland Avenue South, to discuss the proposed reconstruction of 70th Street between Chicago Avenue and Bloomington Avenue. For several years the curb and gutter and the outer portions of the paved surface on 70th Street between Chicago Avenue and Bloomington Avenue have been settling and overturning. This failure has been studied and soils have been tested. The results of these tests indicate there is a layer of poor soils under the curb and outer portions of the pavement. In order to prevent further deterioration and to eliminate a hazardous condition, some work needs to be done to the street. Staff is recommending removal and replacement of the curb, gutter and pavement on this section of 70th Street. The proposed funding source for the project is Municipal State Aid which is Richfield's apportionment of the gas tax. No special assessments are being proposed because the street failure is due to a weakness in the original construction in the mid 1970's. The March 19 meeting will follow an "open house" format so that you may meet with staff at your convenience any time during the meeting. The Richfield City Council will consider this proposed improvement following a public hearing at the 7:00 p.m. regular City Council meeting of Monday, April 13, 1998. If you have any questions about the public open house meeting or the City Council public hearing, please phone me at 861-9191. 1 hope to see you there. Sinc ely, e. Atki on, Engineering Supervisor Public orks Department The Urban Hometown Telephone (612) 861-9700 *Fax (612) 861-9749 An Equal Opportunity Employer f3 CITY OF RICHFIELD, MINNESOTA Council Letter No. 85 Agenda April 13, 1998 Issue Statement: Public hearing regarding a request for a conditional use permit to allow a six-seat restaurant at 10 East 66th Street. Background: Subway, 10 East 66th Street in the Richfield Shoppes, is currently a take-out only restaurant. Take-out restaurants are permitted uses in the C-2 district. Subway wants to add two tables and up to six chairs in the restaurant. The addition of the seating makes the restaurant a Type II restaurant (traditional/cafeteria style), which requires a conditional use permit. Six seats would require three parking stalls, according to City parking standards for a sit- down restaurant. This is the same number of stalls that the current square footage of the take-out restaurant (759 sq. ft.) requires, based on the City requirement of one space per 1,000 square feet. Recommended Motion: Approve the conditional use permit to allow a six-seat restaurant at 10 East 66th Street with the following stipulation: 1. That a resolution approving the conditional use permit be recorded with the County, pursuant to state statute. • Basis of Recommendation: 1. The City parking requirement for a restaurant with six seats is the same as the requirement for the 759 square foot take-out only restaurant. 2. The Health Inspector has reviewed the proposed seating plan and determined that there is sufficient room in the restaurant to add seating. 3. Notice of the hearing was published in the Sun-Current and mailed to property owners and occupants within 350 feet of the subject property. 4. On March 24, 1998, the Planning Commission voted unanimously to recommend approval of the conditional use permit. Alternative Recommendation: Deny the request with a finding that the proposal would have an adverse impact on adjacent properties or the City as a whole. Discussion/Decision Mode: A public hearing is scheduled for 7:00 p.m. on Monday, April 13, 1998. The hearing will be held in the City Council Chambers of Richfield City Hall, 6700 Portland Avenue. Ke c uny suD ii a, Steven Devich Acting City Manager SLD:ds /3 RESOLUTION NO. RESOLUTION FOR APPROVING A CONDITIONAL USE PERMIT 10 EAST 66TH STREET WHEREAS, an application has been filed with the City of Richfield which requests approval of a conditional use permit for a Type II restaurant with six seats on land generally located at 10 East 66th Street, legally described in Exhibit A; 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 a restaurant, as described in City Council Letter No. , on the Subject Property legally described in Exhibit A. 2. The conditional use permit is subject to completing the following condition before an occupancy permit will be issued: • That this resolution be recorded with the County, pursuant to Minnesota statutes section 462.36, subdivision 1. 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 13th day of April, 1998. Martin J. Kirsch, Mayor • ATTEST: Thomas P. Ferber, City Clerk EXHIBIT A RICHFIELD SHOPQ ES Legal Descriotion TS1 File No. C12983-A B Hennepin County, Minnesota SCHEDULE A-4-A PARCEL A: Sub Parcel 1: That part of Lots 3 and 13 lying Southerly of a line described as follows: Beginning at a point on the East line of said Lot 13 at a point 0.07 feet North of the Southeast comer of said Lot 13 and running thence Southwesterly in a straight line to the Southwest corner of said Lot 3, all of Lots 2 and 14 except the South 21.93 feet thereof and all of Lots 1 and 15, Block 9 in "Town's Edge" Village of Richfield, Hennepin County, Minnesota, according to the map or plat thereof on file or of record in the office of the Registrar of Titles in and for said Hennepin County. Sub Parcel 2: The North 49 feet of Lots 7, 8 and 9. The South 10.95 feet and the North 5.05 feet of Lots 6 and 10, and All of Lots 5 and 11, Block 9 in "Town's Edge" Village of Richfield, Hennepin County, Minnesota, according to the map or plat thereof on file or of record in the office of the Registrar of Titles in and for said Hennepin County. Sub Parcel 3: The South 21.93 feet of Lots 2 and 14; _ Lots 3 and 13 except that part of said Lots lying Southerly of a line described as follows: Beginning at a point on the East line of said Lot 13 at a point 0.07 feet North of the Southeast comer thereof and running thence Southwesterly in a straight line to the Southwest comer of said Lot 3, Block 9 in "Town's Edge" Village of Richfield, Hennepin County, Minnesota, according to the map or plat thereof on file or of record in the office of the Registrar of Titles in and for said Hennepin County. Sub Parcel 4: Lots 6 and t 0 except the South 10.95 feet and except the North 5.05 feet of each lot, Block 9, in 'Town's Edge" Village of Richfield, Hennepin County, Minnesota, according to the map or plat thereof on file or of record in the office of the Registrar of Titles in and for said Hennepin County. PARCEL B: Lots 10, 11 and 12, Goodspeed's First Plat, according to the plat thereof on file or of record in the office of the Registrar of Deeds in and for said Hennepin County. PARCEL C: The South 35 feet front and rear of Lots 4 and 12, Block 9, 'Town's Edge" Village of Richfield, Hennepin County, Minnesota, according to the plat thereof on file or of record in the office of the Registrar of Titles in and for said Hennepin County. Note: Parcel designations are for convenience of reference only and do not constitute an integral part of the legal description. L71 u O rn 65th Street East ??d3 ee a 6501 3113 sf Simek's Meats & Seafood - ?_ 6113 sf i 6503-05 Paper Warehouse '? -6507 -2239 sf -~ H 6 R Block 1509 1937 sf Cyber Palace . 6511 2600 sf Vision World " 7304 sf 657 Richfield Flowers 21 4796 sf 517 Futon Gallery 4200 sf 3 6519 1 6519 's 3000 sf Crosstown Cy le 652) _3nC sf---Tani n? t? 6523 , 81 86525 -1465 sf Check Express 6527 - 775-sf -Cary _ .s ^a __ 6 2q 1120 sf Lit a Caesar's c - U 10,500 sf C z Adventures In Video --------------;---C -•` w N :V- ip C W ZI N N N D N S N N N d 47 d ? 1 T t U ^I 23 m .o In ' ? ? In 15 N a . C I N C eo O ? 1 ?;!!0?'i?l!IIIII - r-r 66th Street East s ?O/? YI dJ r.+ N L LS. 13-3 W O rs^^ i Z W U 13-4 M CONDITIONAL USE PERMIT 10 EAST 66TH STREET FLOOR PLAN SUBWAY CITY OF RICHFIELD, MINNESOTA Council Letter No. 84 . Agenda April 13, 1998 Issue Statement: Public hearing regarding a request for a conditional use permit to allow construction of a Montessori school and day care facility for 90 children at 1100 East 66th Street. Background: The applicant, Bernie's Montessori School, is proposing to construct a 4,160 square foot building to house a day care for 90 children. The applicant currently operates a Montessori school for children ages four to six at St. Peter's Church. She wants to relocate in the area and expand the school to add day care for infants and toddlers. The building would be located on the north side of the property with the play activity area located to the west of the building, 20 feet from the north property line. The play area would be fenced, and the applicant proposes to plant evergreen trees and preserve three of the existing evergreen trees on the north side of the property to provide a buffer from the adjacent residential uses. The fencing on the north side of the play area would be a solid fence, the remainder would be vinyl-coated chain link. Twenty parking spaces would be provided on the site. City parking standards require one space for every five children, for a minimum requirement of 18 spaces. There is no specific area designated for dropping off and picking up children; the parking stalls would be used • for this activity. A significant amount of grading is needed to create a relatively flat area for construction. Retaining walls will be constructed on the north, east and south sides of the building and parking lot. Access: Access to the parking lot is from 11th Avenue. Hennepin County will not grant a permit for an access off of 66th Street. Sixty-Sixth Street is a minor arterial, and the County's policy is to limit access to minor arterials from individual properties for safety reasons. Traffic: In response to neighborhood concerns about potential traffic generated on 11th Avenue by the day care, the applicant hired Tony Heppleman, Transportation Engineer with BRW, Inc., to prepare a traffic analysis of the proposed day care at this site. The analysis indicates that approximately five vehicles would use 11th Avenue to and from the north during the peak hours (see attached analysis). Traffic is a main concern of area residents. The analysis also indicates that both the parking lot and the intersection will function adequately. Neighborhood Impact: The Planning Commission recommended that the applicant go through mediation with the neighbors to try and resolve some of the differences raised at the first Planning Commission hearing. An invitation was sent to the neighbors on the notification list to participate in mediation. Four neighborhood residents participated in mediation with the applicant. According to the mediators, the neighbors were satisfied with changes the applicant has made to the building's appearance. They preferred an access r 0 -1 onto 66th Street, but if the entrance were to be on 11th Avenue, they asked that a "no right turn" sign be installed at the parking lot exit. The neighbors also asked that stop signs be • installed at 64th Street and the entrance to the park and that crosswalks be painted at the entrance to the park. The latter requests have been forwarded to the City's Traffic Committee for review. Trees and Landscaping: There are approximately 20 trees on the property and two boulevard trees. Most of the trees will be removed to accommodate the proposed construction. At a minimum, three large evergreens on the north side of the property are preserved as part of the proposed landscape plan. Additional trees would be planted as part of the proposed development. Comprehensive Plan: The property is zoned C-2 (general commercial); however, the Guide Plan of the Comprehensive Plan designates the area for high density, attached, single family housing (RSFH), more commonly called townhomes. The Zoning Ordinance states that the Council may not grant a conditional use permit unless it finds that the proposed use is consistent with the goals, policies, and objectives of the City's Comprehensive Plan. The issue of the Comprehensive Plan consistency was explored by staff when the application was first submitted. At that time, staff determined that the underlying zoning should take precedent over the Comprehensive Plan. The City Attorney later determined that it is the City's zoning ordinance that requires consistency with the Plan for conditional • uses; therefore, the City cannot approve the proposed day care without finding it to be consistent with the Plan. A majority of the Planning Commissioners found that although the proposed day care does not exactly match the guide plan designation of townhomes, it is consistent with the overall goals, policies and objectives of the Plan. Two Commissioners found that the day care was not consistent with the guide plan designation and therefore voted against approval of the conditional use permit. Recommended Motion: Approve the conditional use permit to allow construction of a day care for 90 children at 1100 East 66th Street with the following stipulations: 1. That a tree protection plan for those trees remaining be submitted to and approved by the Community Development Director. 2. That a final landscape plan be approved by the Community Development Director and a landscape escrow be submitted. 3. That a grading plan be submitted to and approved by the Public Works Director. 4. That a sediment and erosion control plan be submitted to and approved by the Public Works Director. • 5. That a stormwater management plan be submitted to and approved by the Public Works Director. 6. That the business maintain the appropriate state, county and city licenses. /a-Q, 7. That a resolution approving the conditional use permit be recorded with the County, pursuant to Minnesota statutes section 462.36, subdivision 1. Basis of Recommendation: 1. On March 24, 1998, the Planning Commission voted 6-2 to recommend approval of the conditional use permit. 2. According to the Planning Commission's interpretation, the proposed day care is consistent with the goals, policies and objectives of the Comprehensive Plan. The Plan goals and objectives indicating consistency are as follows: • IMPLEMENTATION: The primary intent and purpose of the 1997-2007 Plan update is to adopt a plan that can and will be a useful tool in future zoning and redevelopment decisions. For this reason, the Plan is focused on concepts that are described as goals and objectives. The Subarea Plans are looked upon as examples of how those areas of the City might be redeveloped by applying these goals and objectives, rather than the more typical view of the Plan as a "blueprint" for development. (FOUR-2) • OBJECTIVE: Encourage and support a diversity of compatible non-residential land uses that are accessible and responsive to the needs of Richfield and adjacent communities. (ONE-7) • OBJECTIVE: Encourage the development of viable and responsive • neighborhood commercial services. (ONE-7) • GOAL: Achieve a standard of land use that is reflective of the "home town" character of Richfield. (ONE-8) • PLAN PROPOSAL: Reinforce existing and create new well-defined boundaries for all commercial developments and provide transitional use areas that protect and improve adjacent residential areas. (ONE-10) 3. The property is zoned C-2 (general commercial) which allows for commercial uses to be developed on the property. The proposed day care is a conditional use in the C-2 district. 4. The proposal meets the required zoning standards for new construction in the C-2 district, including setback, lot coverage and performance standards. 5. The proposed parking meets the City's parking standards. 6. Notice of the hearing was published in the Sun-Current and mailed to property owners and occupants within 350 feet of the subject property. Alternative Recommendation: 1. Recommend that the City Council deny the request for a conditional use permit at 1100 • East 66th Street with the following findings of fact: • The City Zoning Ordinance requires that, in order to grant a conditional use permit, the City must find that the proposed use is consistent with the goals, policies and C9-3 objectives of the Comprehensive Plan. The Comprehensive Guide Plan designation for 1100 East 66th Street is RSFH (high density, single family attached housing). The corrollary zoning districts for this designation would be the R and MR-1 zoning districts. These districts do not allow a day care of this size. • The City Council has reviewed the proposed application, the City Zoning Ordinance and the Comprehensive Plan and has determined that it cannot approve the application because the proposed use is not consistent with the Comprehensive Plan and therefore the requirement set forth in Section 546.05, Subdivision 6(a) of the Zoning Ordinance has not been met. • The traffic from the proposed day care would have an adverse impact on the adjacent residential neighborhood. Discussion/Decision Mode: The Planning Commission first heard this request on February 24 but continued action until March 24 to allow staff and the applicant to address several issues, including the Comprehensive Plan consistency question. Staff had originally recommended approval of the application given that the zoning is C-2 and the Comprehensive Plan states that the Guide Plan is intended to be a guide, not a blueprint for development. Legal counsel reviewed the issue and decided that denying the application was most defensible; however, they instructed the Planning Commission that it is still the Commissions' role to interpret the Comprehensive Plan. A majority of the • Commissioners concluded that, in interpreting the Plan, they must consider not only the Subarea Plan graphics but the stated goals and policies and therefore recommended approval. The Commission suggested that the day care property be rezoned to MR-2 (medium density multiple residence) to prevent the possible future reuse of the building by a non- compatible commercial business. They plan to review all instances in the City where the zoning is inconsistent with the Comprehensive Plan and recommend rezonings where appropriate. The Commission will also compare the differences in regulations for day care facilities and schools. Public and private elementary and high schools, and other similar learning institutions are permitted uses in the C-2 district, requiring only City Council approval of an off-street parking permit. Staff might have considered Bernie's Montessori School a school, permitted in the C-2 district. Only the day care portion of the operation would have required a conditional use permit. A public hearing on the conditional use permit application is scheduled for 7:00 p.m. on Monday, April 13, 1998. The hearing will be held in the City Council Chambers of Richfield City Hall, 6700 Portland Avenue. tfully su fitted L. ich Acting City Man SLD:ds is-q RESOLUTION NO. RESOLUTION FOR APPROVING A CONDITIONAL USE PERMIT 1100 EAST 66TH STREET WHEREAS, an application has been filed with the City of Richfield which requests approval of a conditional use permit for a day care for 90 children on land generally located at 1100 East 66th Street, legally described as: Lot 9, Block 2, Eliason Fourth Addition 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 a day care for 90 children, as described in City Council Letter No. , on the Subject Property legally described above. 2. The conditional use permit is subject to completing the following conditions before an occupancy permit can be issued: • That a tree protection plan for those trees remaining be submitted to and approved by the Community Development Director. • That a final landscape plan be approved by the Community Development Director and a landscape escrow be submitted. • That a grading plan be submitted to and approved by the Public Works Director. • That a sediment and erosion control plan be submitted to and approved by the Public Works Director. • That a stormwater management plan be submitted to and approved by the Public Works Director. • That the business maintain the appropriate state, county and city licenses. • That this resolution be recorded with the County, pursuant to Minnesota statutes section 462.36, subdivision 1. 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 13th day of April, 1998. Martin J. Kirsch, Mayor ATTEST: • Thomas P. Ferber, City Clerk 1100 East 66th Street Site Context MMMMMMMMI ? iiMllMMMM! 1 M Mmm M Land Use Commercial Multiple Family ® Duplex 0 Residential School Quasi-Public ® Church Park ® Vacant 600 0 600 1200 Feet is-s ..a Zoning District ? 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I I 3< I I $ ? I I I I I I I ?I U I I I I I I I ? I I ? ? 1 I I I I I I I ? ? I ? I I I I - - I I I I I I I I I I I I I 3IX3 ID3 I O O I I I L- - ----------------------------- --J o XNM 313WNW M3N .O-.ie .o-p I J b BRW • • A DAMES 3 MOORE GROUP ODti1PANy /a-/o MEMORANDUM BRW Thresher Square 700 South Third Street Minneapolis, MN 55415 Phone: (612) 370-0700 Fax: (612) 370-1378 To: City of Richfield Copy: File: From: Anthony Heppelmann, PE Date: April 1, 1998 Subject: Traffic Study of Proposed Montessori and Daycare at 1 lth Avenue and 66th Street in Richfield INTRODUCTION The purpose of this traffic study is to determine the potential traffic impacts associated with the • Montessori and Daycare facility proposed at the corner of 11th Avenue and 66th Street in the City of Richfield. The primary concern of residents living along 11th Avenue is the potential for additional traffic on their local street since the site is currently occupied by a single family residence. The proposed use is a permitted use under the current zoning. The proposed Montessori and Daycare would accommodate 90 students. The proposed building is 4,160 square feet with 20 parking stalls provided. The site plan is shown on the following figure. The proposed access to the site is on 11th Avenue which then has access to 66th Street. 66th Street is an east west arterial carrying about 12,600 vehicles per day at this location. 66th Street provides access to TH 77 to the east, and I-35W to the west. It also connects with Portland Avenue which is a north south arterial which has access to I-494 to the south and TH 62 to the north. Traffic on 11th Avenue has a stop sign at the intersection with 66th Street. The traffic on 66th Street is free flowing through the intersection with 11th Avenue but there is a signal one block to the east at 12th Avenue. The next signal to the west is at Portland Avenue. The site is also served by transit which operates on 66th Street. TRIP GENERATION The first step in the traffic analysis is to determine the number of vehicle trips that may be generated by the proposed Montessori and Daycare. Table 1 shows the estimated trip generation based on ITE trip generation rates. The Institute of Transportation Engineers has compiled vehicle trip generation • rates for all different kinds of land uses which is published in a book called Trip Generation Manual, 6th Edition. The ITE vehicle trip generation rates are based on surveys of similar sites from the mid- U:\WPD0CS\T0NYH\1 ITHDAYC. WPD is jl, 0 .1 • E e n O Zg? vles7een wmnd ?' f 7z 177tl1Z VIVV iSY7 0°Il ? 1 • (? 4 I 32IdOxtlU fi I?IOSSS CgoK S,81Nt13H I5 A .'`IAE?. ? Nemrw exoeova ? ? U la? tc l ? D C o n yu uG .tstl21 issxis uass a? 3 Es Ci }7Y617f :NVD'?d 'a+ a O n• c ?°Y6,7s °c•. Nv. ? 9 ? vs,orl 10 - - - - - - - - - - - - - - - - - - - - - - - --?--? I I 0 0'4 I I I m I ? ? ??_ c?oo?a ,' VI II ° to E I ? c z -? > "VIA ® AILLNI?X?IN Q ©}NM 7M7 VN I I I ` ' y _ I as o I I )v° • I a? ?D I I II N Y I I w, I li zQ .3 $ 18e < I I r?\\ oQ O J i i I 0 C3 E! -*d 0 I II o z I I u= ?bY?3t aalnne CL d I •s °i }7Y6L7; . I I L---------- ------------ '--------------- J I- isl I ar M -- a SAM I e L ' ,. 7N+111srn ry%nY a ?. o ®aooc??oo• ado - - d 3 NA'0?1 d 1Or47s J°4 Nn gg 3m6T/ 1130"W A'st Memo March 22, 1998 Page 3 1980's to the 1990's. The 6th Edition of the ITE Trip Generation Manual was published in 1997. The 6th Edition of the ITE Trip Generation Manual has surveys from 66 Day Care Facilities ranging in size from about 20 students up to 180 students. The average size facility surveyed was 66 students. The average trip generation in the a.m. peak hour for these 66 facilities was 0.82 vehicle trip ends per student and the average trip generation in the p.m. peak hour was 0.86 vehicle trip ends per student. A person dropping off a student at the Day Care would generate two vehicle trip ends; one when they entered and one when they exited the site. Based on the ITE average vehicle trip generation rates, the Montessori and Day Care would be expected to generate approximately 74 vehicle trip ends in the a.m. peak hour, with about 39 entering and 35 exiting, and 77 vehicle trip ends in the p.m. peak hour, with about 37 vehicles entering and 40 vehicles exiting. The data collected by ITE suggests that larger day care facilities generate vehicle trips at a slightly lower rate. Using their suggested trip generation equation results in 66 vehicle trip ends in the a.m. peak hour and 71 vehicle trip ends in the p.m. peak hour. Table 1 TRIP GENERATION OF MONTESSORI & DAYCARE Vehicle Trip Students Total In Out Rate A.M. 0.82/student 90 74 39 35 P.M. 0.86/student 90 77 37 40 As a check on the ITE rates, we estimated trip generation using an alternative approach. The vehicle trips generated by the site would be from either employees of the proposed Montessori and Daycare or from parents dropping off students or picking them up. Assuming 10 employees and assuming 5% of the students and employees arrive by transit there would be about 5 students or employees who use transit to get to the site. The proposed Montessori and Daycare gives priority to students who have other siblings attending the Montessori and Daycare. Assuming 25 percent of the students have other siblings in the Daycare, then 72 students would arrive by themselves and 18 students would have arrived together with at least one other student. Based on this it is estimated that the 85 other students would be dropped off or picked up in 76 vehicles. Students may be dropped off as early as 6:30 a.m. or may be picked up as late as 6:00 p.m. The data indicates that only about 60 percent of the students and employees would arrive during the a.m. or p.m. peak hour. This works out to about 46 vehicles coming in and leaving during the peak hour, or about 92 vehicle trip ends in the peak hour. Although we believe the ITE rates are the best estimate of trip generation, we used the 92 vehicle trip ends to determine potential delays at the intersection of 11th and 66th. • U:\WPDOCS\TONYH\11THDAYC. WPD fa- 15 Memo March 22, 1998 Page 4 TRIP DISTRIBUTION The primary access to the site will be to and from 66th Street. Traffic from the site can approach and depart to the north on 11th Avenue. However, in looking at the layout of the street system the only people who would come and go to the north would be people who live in the neighborhood to the north who have kids in the Montessori and Daycare since 11th Avenue does not provide access to or across TH 62. It is possible for people to use 64th Street to get to and from Bloomington Avenue which does have access to and across TH 62, but this route would take longer than using 66th Street to Bloomington Avenue. The only other reason that traffic from the site might try to go north on l lth Avenue is if it is too difficult to turn left onto 66th Street during the peak hour. This is discussed in the next section of the report. It is estimated that only about 5% of the trips would desire to approach or leave the site to the north on 1 lth Avenue. This is about 5 vehicles in the p.m. peak hour. The rest of the traffic would be oriented to 66th Street. TRIP ASSIGNMENT Based on current traffic counts on 66th Street it is estimated that about 45% of the traffic oriented to 66th Street will come and go the east and about 55% will come and go the west. During the p.m. peak hour this would mean 20 vehicles from the site would be turning left onto 66th Street and 25 vehicles from the site would be turning right onto 66th Street. Based on current counts there are about 20 vehicles from the neighborhood that are also turning onto 66th Street during the p.m. peak hour. Altogether it is estimated that there will be about 65 vehicles at this approach during the p.m. peak hour or about one vehicle every minute. CAPACITY ANALYSIS BRW analyzed the ability of traffic exiting the daycare to make a left turn onto 66th Street, since this is the movement that is potentially subject to the most delay. If delays become to long for this left turn movement, people might look for alternative routes that are quicker. As indicated in the previous section, 11th Avenue to the north may be considered an alternative route but it does not really go anywhere other than into the neighborhood. Although people could use it to go to 64th Street and then to 12th Avenue or Bloomington Avenue, this would only be a desirable route if the left-turn onto 66th Street would encounter significant delays. BRW analyzed the estimated volumes at the intersection of 11th Avenue and 66th Street with the proposed Montessori and Daycare and determined that the average delay for this left-turn movement would be under 30 seconds. The analysis was based on the procedures in the Highway Capacity Manual, 3rd Edition. This represents a conservatively high estimate of the potential average delay since it does not take into account gaps in traffic on 66th Street that would be created by the signal at 12th Avenue and 66th Street. Also, BRW has found that in general the Highway Capacity Manual procedures overestimate the average 10 delay at unsignalized intersections. UAW PDOMTONYM I I THDAYC. W PD / a-lq Memo March 22, 1998 Page 5 It takes about one minute and 20 seconds to go north on 1 lth Avenue to 64th Street, then to 12th Avenue and back to 66th Street. Therefore traffic is not likely to use this as an alternative route. OTHER CONSIDERATIONS Questions were raised about providing a stop sign at the exit from the site onto 11th Avenue. Traffic exiting the site would be required to yield to traffic on 11th Avenue. It would be possible to provide a stop sign at the exit from the site but it probably would not change driving behavior much. A question was also raised about designing the entrance to discourage vehicles exiting the site from making right-turns or about providing a sign that prohibited right-turns from the site to the north on 11th Avenue. Any design that would physically prohibit the right-turn would have many other undesirable features which would make it less safe and would not really be able to prevent right- turns. A sign prohibiting the right-turn from the site is possible but does not seem necessary. Also, people who live in the neighborhood to the north and east who have occasion to use the Montessori and Daycare would be forced to go around the block to go home. CONCLUSIONS Based on ITE Trip Generation Rates, the proposed Montessori and Daycare is estimated to generate an average of 74 vehicle trip ends in the a.m. peak hour with about 39 vehicles entering and 35 vehicles exiting and about 77 vehicle trip ends in the p.m. peak hour with 37 vehicles entering and 40 vehicles exiting. Based on an alternative approach to trip generation, BRW estimated the site may generate up to 92 vehicle trip ends in the peak now. It is estimated that only about 5 vehicles would use 11th Avenue to and from the north during the peak hours and that this would likely be people who live in the neighborhood to the north and east. The intersection of 11th Avenue and 66th Street can accommodate the estimated Day Care traffic at an acceptable level of service. The left-turn from 11th Avenue to 66th Street, which is the most difficult movement to make, is estimated to have an average delay of less than 30 seconds with the proposed Montessori and Day Care. Based on the Highway Capacity Manual this is level of service "D ". Given this level of delay it is expected that people from the Montessori and Day Care will not choose to go north on 11th Avenue as an alternative route since it will take them longer than using 66th Street. A stop sign and a sign prohibiting the right-turn from the site to go north on 11th Avenue is possible but does not appear to be required to prevent traffic from using 11th Avenue. r UAWPDOMTONYMIIT MAYC.WPD CITY OF RICHFIELD, MINNESOTA Council Letter No. 83 Agenda April 13, 1998 Issue Statement: Public hearing and second reading of an ordinance amendment rezoning property along Interstate 494 that is inconsistent with the City's Comprehensive Plan. Background: On September 22, 1997, the City Council adopted a resolution establishing a moratorium on development along 1-494, between Pleasant and Cedar Avenues. Much of the property along 1-494 is zoned industrial, which permits uses that would be inconsistent with the City's recently adopted Comprehensive Plan. The Comprehensive Plan encourages more intensely developed, higher quality regional commercial and office uses along the City's freeways. Thirty-six properties in the study area have zoning that is inconsistent with the Comprehensive Plan. Of these properties, the Planning Commission recommends that thirty-three be rezoned to a zoning district similar to the Comprehensive Plan designation for the property. The Commission recommends that one property not be rezoned at this time. The property, 7744 12th Avenue, currently has a gas station on it but is guided by the Comprehensive Plan for high density multiple housing. The Commission determined that it would be appropriate and still consistent with the Comprehensive Plan goals to maintain some neighborhood commercial uses in the area. The Commission recommends that two other properties, 84 78th Street West and 7727 Wentworth Avenue, be rezoned to the C-2 zoning classification. These properties are guided by the Comprehensive Plan to be high density multiple housing. The owners of these two properties expressed concern to the Commission about the potential effect of the rezoning their properties to MR-3 (high density multiple housing). The Commission agreed to recommend rezoning the properties to C-2 instead of MR-3. The C-2 district allows multiple housing as a conditional use, so the rezoning would not be inconsistent with the Plan. The rezonings may make an existing use/structure legally nonconforming if it is not permitted in the new district. When a property or use is legally nonconforming ("grandfathered" in), it can continue to be used as it is but cannot be enlarged, expanded, intensified or rebuilt. Also, if the present use of a property is discontinued for more than 12 months, the next use must be in conformance with the current zoning. Approximately 11 of the 35 uses/structures proposed to be rezoned would become nonconforming. ))-i The owners of Minnesota Mini-Storage at 200 West 78th Street submitted a letter stating their concerns regarding the rezoning and its impact on the storage facility. The property owners recommend measures to soften the impact of the rezoning on the facility. The measures would allow industrial uses to continue to exist and expand until the land use is changed. In staff's opinion, these measures are inconsistent with the intent of the rezoning to phase out industrial-type uses along the freeway corridor, therefore, the property should be rezoned from I to C-2. The proposed rezoning allows the current uses to continue to exist, but an expansion of these uses would be inconsistent with the Comprehensive Plan goals. In January, Minnesota Mini-Storage submitted a written request to staff to allow them to add truck rental to the facility as an accessory use. Staff requested additional information on the proposal and just recently received that information. Rezoning the property to C-2 would preclude the addition of the truck rental because it would constitute an intensification of a non-conforming use. The recommended motion is to approve the rezonings and not allow an intensification of this property; however, the Council could approve an Alternative Recommendation and make the effective date of the Mini-Storage rezoning later. The later date would allow staff and the Council to make a determination on the truck rental request before the rezoning becomes effective. Recommended Motion: Conduct a public hearing and approve second reading of an ordinance amendment rezoning the properties identified in Attachment A that are inconsistent with the City's Comprehensive Plan. Basis of Recommendation: 1. The Planning Commission has reviewed the zoning and Comprehensive Plan designations of property in the study area and determined that it is appropriate to rezone the inconsistent properties. 2. The Comprehensive Plan provides a vision for the City to guide future land use decisions. When redevelopment occurs, it should be consistent with the goals and objectives found in the City's Comprehensive Plan. 3. The City's zoning does not adequately address the development of property along 1-494 in a manner consistent with the goals of the Comprehensive Plan. 4. The Planning Commission hosted an open house from 6:00 to 7:00 on February 24 for owners of property to be rezoned. The Commission received feedback and answered questions about the rezoning. 5. On February 24, 1998, the Planning Commission voted unanimously to recommend rezoning the properties. 1Owners of property to be rezoned were provided with a comparison of the different zoning districts before the City Council public hearing. 7. Mailed notices about the rezoning were sent to owners and occupants of property within 350 feet of the property to be rezoned. 8. Notice of the public hearing was published in the Sun Current. Alternative Recommendation: 1. Approve the rezonings. Set an effective date of July 15, 1998 for the rezoning of 200 West 78th Street from I to C-2. 2. Approve the rezonings with changes. 3. Continue the hearing to allow further discussion of the impact of the rezonings on specific properties. 4. Deny the rezonings. Discussion/Decision Mode: A public hearing and second reading is scheduled for 7:00 p.m. on Monday, April 13, 1998. The hearing will be held in the City Council Chambers of Richfield City Hall, 6700 Portland Avenue. Resgectfwlly submitted, n LN Devich Acting City Manager SLD:cak 11 1f-3 0 BILL NO. AMENDMENT TO APPENDIX 1 OF THE ORDINANCE CODE OF THE CITY OF RICHFIELD THE CITY OF RICHFIELD DOES ORDAIN: Appendix 1, which describes the boundaries of various zoning districts of the City, is. hereby amended in the following respect: A. Section 1, Paragraph (6), is amended to read as follows: (6) M 16 That aFea lying between the "°n4°r lines of 77th and 78th StFeets, and be AwfAeen the r--eRteF "Re 9f R-p-ron-Rd- N.FeRue aRd the west Fight 9-f way line of the See Line Repealed, Bill No. ). B. Section 1, Paragraph (10), is amended to read as follows: (10) tj=L6 (S side of , on t° AeS of 77th anrl 78th Streets, aRd hPbwTC n the G i°r lin° of Glin+°n av°n11e exdendl°,+ and the east rn° of RaFifF's Addi+ier,. (Repealed, Bill No. -Z C. Section 3, Paragraph (27), is amended to read as follows: (27) M -16- That n urr°? behy°°n the n° vc nn+er incm°c ° v? f Ce6a ---r-nura?rccn-arr?i-r?--vnand Avenue ?-c?crtuc 7ni1 Glin+°n Ayei;ue eAeRd°rlf and between the Genf°r lin°c °f 77+h aRd 7S2+h c+?. (Repealed, Bill No. ). D. Section 3, Paragraph (48), is amended to read as follows: (48) M-16, 18 (S of 77th, Nicollet to Park) ^°'r °^'fl°n'14 That area lying between the original center lines of 77th and 78th Streets and the center line of 78th Street, and between the east lines of lots 4, 5, and 6. Block 7, R.C. Soen's Addition and the center line of ParkGhiGage Avenue extended., exGeptthp-:-arp-;-ad-t-=sGFibedasfeliews. The nerth 12k.5- feet of the Southwest Quarter of the Southwest QuaFteF ef the Southwest QuaFteF of SeGtien 35, Te w.nshin 28, Range 741, °"n°n++he •w•°°+ 7554 9-:7 f°°++heFeef Amended, Bill No. E. Section 3, Paragraph (62), is amended to read as follows: (62) M 18 (S 9-f 77th ReaF _I 0 The East Walf of the Southwest QuaFtef of the Southeast Quarter of the e.,,,+h,w,?+ Quarte- and +h° WA-P'+ u:;lf Af +h° tl-q SeGtoen 35, Township 28, Range 24, eXGept .Repealed, Bill No. F. Section 3, Paragraph (68), is added to read as follows: (68) M-16 That area lying between the original centerline of 77th Street and the centerline 78th Street and between the center line of Wentworth Avenue and the West right-of-way line of the Soo Line Railway. G. Section 3, Paragraph (69), is added to read as follows: (69) M-16 (NE corner of 78th and Wentworth) Lot 4, Block 6, R.C. Soen's Addition. H. Section 13, Paragraph (7), is amended to read as follows: (7) M-18 (S of 77th Street. Chicago to 12th9VV ^^rner, 77+h :and I?+h) That area lying between the renter linee, a 77th and 78th Streets and between the ^enter lire of I Ith venue e)dended,,Park Avenue extended and the-west lRee_e 12th Avenue except the east 185 feet of the south 135 feet thereof. 0 I. Section 13, Paragraph (9), is amended to read as follows: (9) line of Mliet Avenue e"tended. (Repealed, Bill No. ). J. Section 13, Paragraph (10), is amended to read as follows: (10) o +iefl 35 v, chip n Z8, Rzan urtgc a oenL -tf?tc a west 261r- feet + thereof and c6?rr Township 28, ? i, exv?-?- -??z.v-'crTCrcvrarrv (Repealed, Bill No. ). K. Section 13, Paragraph (17), is added to read as follows: (17 M-16 (SE corner of 77th and Wentworth) That area lying between 77th and 78th Streets, and between Wentworth Avenue and the east lines of Lots 4, 5, and 6. Block 7, R.C. Soen's Addition, and excluding Lot 4, Block 6, R.C. Soen's Addition. This amendment constitutes a rezoning of the following properties: 7701 4th Avenue, 7715 4th Avenue, 7720-40 4th Avenue, 7731 4th Avenue, 7701 5th Avenue, 7708 5th Avenue, 7714 5th Avenue, 7744 5th Avenue, 345 77th Street 11-5-- East, 415 77th Street East, 631 77th Street East, 701-735 77th Street East, 901- 1001 77th Street East, 710-734 78th Street East, 900-1000 77th Street East, 140 78th Street East, the east 70 feet of 330 East 78th Street, 500 78th Street East, 45-99 77th Street West, 30-80 and 90 78th Street West, 84 78th Street West, 100 78th Street West, 200 78th Street West, 7700 Nicollet Avenue, 7701 Nicollet Avenue, 7717 Nicollet Avenue, 7720 Nicollet Avenue, 7700 Pillsbury Avenue, 7701 Pillsbury Avenue, 7709 Pillsbury Avenue, 7715 Pillsbury Avenue, 7717 Pillsbury Avenue, 7721 Pillsbury Avenue, 7700 Wentworth Avenue, 7720 Wentworth Avenue, 7727 Wentworth Avenue Passed by the City Council of the City of Richfield, Minnesota this 13th day of April, 1998. Martin J. Kirsch, Mayor ATTEST: 0 Thomas P. Ferber, City Clerk Attachment A Proposed Rezonings --1-494 Properties f # Property Address Business/Apartment Name Existing New Comp Plan Current Proposed Land Use Designation Zoning Zoning 1 7701 4th Ave S Premier Properties APT C-R/O I C-2 2 7715 4th Ave S Single Family Residential RES C-R/O I C-2 3 7720-7740 4th Ave S Crestwood Apts APT C-R/O I C-2 4 7731 4th Ave S Blaylock Plumbing Company IND C-R/O I C-2 5 7701 5th Ave S Parking Lot COM C-R/O I C-2 6 7708 5th Ave S Parking Lot COM C-R/O I C-2 7 7714 5th Ave S Bon Auto Works COM C-R/O I C-2 8 7744 5th Ave S Arby's COM C-R/O I C-2 9 345 77th St E Richfield-Bloom. Credit Union COM C-R/O I C-2 10 415 77th St E Richfield Wheel Alignment COM C-R/O I C-2 11 631 77th St E Boyum Properties APT C-R/O MR-3 C-2 12 701-735 77th St E Hampton Place Apts APT RMH C-2 MR-3 14 710-734 78th St E Hampton Place Apartments APT RMH C-2 MR-3 13 901-1001 77th St E Heritage Square Apts APT RMH C-2 MR-3 15 900-1000 77th St E Heritage Square Apts APT RMH C-2 MR-3 16 140 78th St E Burger King COM C-R/O I C-2 17. 330 78th St E Assumption Catholic Church* CHURCH QUASI-PUBLIC I C-2 18 500 78th St E Khan's Mongolian Restaurant COM C-R/O I C-2 19 45-99 77th St W New Orleans Court Apts APT RMH I MR-3 20 30-80 and 90 78th St W New Orleans Court Apts APT RMH I MR-3 21 84 78th St W Sherwin-Williams COM RMH I C-2 22 100 78th St W Viking Paints IND C-R/O I C-2 23 200 78th St W Minnesota Mini-Storage COM C-R/O I C-2 24 7700 Nicollet Ave S Embers COM C-R/O I C-2 25 7701 Nicollet Ave S Chi Chi's COM C-R/O I C-2 26 7717 Nicollet Ave S Menards COM C-R/O I C-2 27 7720 Nicollet Ave S Super America COM C-R/O I C-2 28 7700 Pillsbury Ave S City Garage PUB C-R/O I C-2 29 7701 Pillsbury Ave S Carlson Construction IND C-R/O I C-2 Universal Power Conversion McCann and Associates Cool Stuff Brokerage Press Parts 30 7709 Pillsbury Ave S Anchor Fence Co. of Minnesota IND C-R/O I C-2 31 7715 Pillsbury Ave S Williams Drywall IND C-R/O I C-2 32 7717 Pillsbury Ave S George Printing IND C-R/O I C-2 33 7721 Pillsbury Ave S Direct Line IND C-R/O I C-2 34 7700 Wentworth Ave S Hollenbeck and Nelson IND C-R/O 1 C-2 35 7720 Wentworth Ave S Hoveco Janitorial Supplies IND C-R/O I C-2 36 7727 Wentworth Ave S Multiple Family Residential APT RMH I C-2 * Rezoning 70 foot strip of land on east side of church property. Main portion of church property is zoned C-2. LAND USE KEY COMP PLAN KEY ZONING KEY COM = commercial RMH = high density multiple housing C-2 = general commercial APT = apartment C-R/O = regional commercial/office I = industrial IND = industrial MR-3 = high density multiple housing RES = residential r _ M co low 4) W LL O LO I^\ Y' c pl. (D M .0!!!? F-0 U E a m L N •V C -:3 Co a) O 'E E E irM U E to O U?E y-'(D E T E to 0) ?.y O Q- N -a 4) V (D E O ca v O Z O N ? a- a (a .21 cu ?M`-,- r5 O: C N Cf) N N •? iil - ?? SU2 - iSCA .. to ^CL ?Z4.2 ?U_?a? as (a D Lem IE U E . , N W, ® ' O - annanyp U lFrM •a _ r- `x 'Oor v M (U w O 1?1 -a •? i?l / - - Q c OC O ? (D •C O o N q M ?• TO u U) V == _ n ? c N cV - L Y _ U - C =- U p 'o cl. ,. t _ c anuany?I '? m a- _ C a = ° d > O N w N .O di Y° N 3 a C ? L = 0? / a d N c t-y X13 p) V 0 sc i C >a 0 O s H CL m 0 K O QLL ?o CITY OF RICHFIELD, MINNESOTA Council Letter No. 82 Agenda April 13, 1998 Issue Statement: Public hearing regarding a request for a conditional use permit to allow construction of a 134-unit extended stay hotel at 300 West 78th Street. Background: The developer is proposing to construct a three-story, 66,950 square foot Candlewood Hotel on a portion of the former Lampert Lumber site at 300 West 78th Street. The site also includes property being purchased from the Soo Line railroad. The two parcels will be combined and resplit into two developable parcels. The hotel would occupy the southern parcel and staff is in the process of marketing the northern parcel to restaurant developers. Parking and Landscaping: There would be 141 parking spaces, which meets City parking standards of one space for every room, plus spaces for hotel employees. The exterior of the building would be stucco and brick. The proposed parking lot layout and landscape plan meet City parking lot and landscape standards. A short chain link fence will be installed along the east side of the property, at the railroad's request. Landscaping will be designed to screen the fence. Access: The site has been designed to function without access to 78th Street, which is eliminated in the 1-494 expansion plans. The trash enclosure would need to be relocated at the time that 78th Street is removed. Access onto 77th Street will be shared with a potential restaurant on the northern portion of the property. A median cut has been approved by the Public Works Department. Median cuts along 77th Street are not generally allowed for individual businesses; however, the cut is an adequate distance from the signalized intersections, so it will not interfere with traffic on 77th Street. The Public Works Department has developed criteria for evaluating median cut requests in the future. Restaurant: HRA staff are seeking a restaurant developer for the northern half of the site. A conditional use permit for a restaurant will be brought before the Planning Commission and City Council once a developer is identified. The restaurant will be responsible for site improvements on the northern half of the site. A shared parking and access agreement between the two property owners will be required. Signage: A monument sign is being proposed on the 77th Street side of the development. The monument sign will be shared by the two users. A pylon sign is proposed for the freeway side of the development and will also be shared by the two users. The sign plan indicates a 37 foot tall monument sign. The maximum allowable height of a pylon sign is 27 feet. The Council can, however, approve signs of unusual lo-I height or location. The additional height is warranted along the freeway because of the low grade of the freeway itself. The extra height is also needed because the two businesses will be sharing the space and both need to be visible by passing motorists. In addition, the extra height is primarily part of the design rather than the actual sign text, and the design coordinates with that of the building. Candlewood may also be asking the City Council to grant a permit for an off-site directional sign at some time in the future. Recommended Motion: Approve the conditional use permit to allow construction of a 134-unit, extended stay hotel at 300 West 78th Street with the following stipulations: 1. That a final landscape plan and landscape escrow be submitted to and approved by the Community Development Director. 2. That a sediment and erosion control plan be approved by the Public Works Director. 3. That cross access and parking agreements be established with a future owner of the north half of the property. 4. That an agreement be signed stating the developer's awareness of the closure of 78th Street when 1-494 is widened and that closure of the access will not be the basis for a claim of severance damages by the owners of the Candlewood Hotel. 5. That the trash enclosure be relocated to the east side of the building at such time that access to 78th Street is removed. 6. That the property be replatted. 7. That final, detailed signage plans be submitted to and approved by the Community Development Director. 8. That a resolution approving the conditional use permit be recorded with the County, pursuant to state statute. Approve a 37-foot tall pylon sign to be installed adjacent to the freeway, at 300 West 78th Street, with the following stipulation: 1. That the sign be shared by the hotel and future restaurant, and be the only pylon sign installed on the site. Basis of Recommendation: 1. The proposed hotel use is consistent with the goals, policies and objectives of the . Comprehensive Plan for regional commercial uses along the 1-494 corridor. f O -a.. • 2. The proposed development is consistent with the goals of the Interstate-Lyndale- Nicollet (ILN) redevelopment district to maximize the area's potential and redevelop the area east of Lyndale Avenue with mixed and highway-oriented commercial uses. 3. The proposed development meets City parking, landscaping and other performance standards required by Section 541 of the Zoning Ordinance. 4. The layout of the site allows it to function without 78th Street, in the event that 1- 494 is widened and the frontage road is removed. 5. The development is laid out to accommodate a future restaurant use, maximizing the development potential of the currently underutilized site. Any proposed restaurant would, however, require a separate conditional use permit. 6. The taller sign is warranted because the property is located on the freeway, two users will be sharing the sign, and the extra height is for design features which coordinate with the building design. 7. Notice of the hearing was published in the Sun-Current and mailed to property owners and occupants within 350 feet of the subject property. 8. On March 24, 1998, the Planning Commission voted unanimously to recommend approval of the conditional use permit. Alternative Recommendation: Deny the request with a finding that the proposal would have an adverse impact on adjacent properties or the City as a whole. Discussion/Decision Mode:. A public hearing is scheduled for 7:00 p.m. on Monday, April 13, 1998. The hearing will be held in the City Council Chambers of Richfield City Hall, 6700 Portland Avenue. tted, Res /?)cWDevich G en' Acting City M anager SLD:ds 0 10-3 0 RESOLUTION NO. RESOLUTION FOR APPROVING A CONDITIONAL USE PERMIT 300 West 78th Street WHEREAS, an application has been filed with the City of Richfield which requests approval of a conditional use permit for a 134-unit extended stay hotel on land generally located at 300 West 78th Street, legally described as: That part of the West 305.00 feet of the East 330.00 feet of the Southeast Quarter of the Southwest Quarter of the Southwest Quarter of Section 34, Township 28, Range 24, which lies southerly of a line described as beginning at a point in the west line of said East 330.00 feet distant 160.77 feet south of the northwest corner thereof, thence easterly, at a right angle a distance of 136.00 feet; thence southerly at a right angle 42.80 feet; thence easterly at a right angle 65.00 feet; thence southerly at a right angle 18.00 feet; thence easterly at a right angle 104.00 feet to a point in the east line of said West 305.00 feet of the East 330.00 feet distant 222.86 feet south of the north line of said Southeast Quarter of the Southwest Quarter of the Southwest Quarter and said line there terminating, except that part taken for Interstate Highway Number 494, according to the United States Government survey thereof, Hennepin County, Minnesota. 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 a hotel, as described in City Council Letter No. , on the Subject Property legally described above. 2. The conditional use permit is subject to completing the following conditions before an occupancy permit will be issued: • That a final landscape plan and landscape escrow be submitted to and approved by the Community Development Director. • That a sediment and erosion control plan be approved by the Public Works Director. • That cross access and parking agreements be established with a future owner of the north half of the property. • That an agreement be signed stating the developer's awareness of the closure of 78th Street when 1-494 is widened and that closure of the access will not be the basis for a claim of severance damages by the owners of the Candlewood Hotel. 10-q • • That the trash enclosure be relocated to the east side of the building at such time that access to 78th Street is removed. • That the property be replatted. • That final, detailed signage plans be submitted to and approved by the Community Development Director. • That this resolution be recorded with the County, pursuant to Minnesota statutes section 462.36, subdivision 1. 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 13th day of April, 1998. Martin J. Kirsch, Mayor ATTEST: Thomas P. Ferber, City Clerk • Land Use Context v __j JL_JL 300 West 78th Street r_ F I •• ' (t LIME N1 AL v? _I_ Ow ?F?- N Lu?L JLJL Jt_?t_ J ?? EQU? X_ n 13 1 Do 2J i y L EI i Q D i do 1 E7 a 1:7 CO LLEJL:D? 11 1:?El Ell V w :> i Q • O ' J W Q _ Li a Q II ? fit] l5 0 ? D a D I? ? Q D O 'II 1 1 1 i. Lu Q i W 0 El p 4J •D D _ D 0 0 1 W a i 1 0 Z Q W 1 I CC iQ t Cl ©I• r 1 0 =0 OI L o ,moo ( 4?- •rv j (_ J 1 fl • 14 1 I (AT o II ??LL J 1 lNORTUARYII EQUIPM NT ,o, CITY Z,6 A' R, A E LL I) i. ? J? 1 1 } Cr --_T- III I L, ? 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AT S 0 E 0 /(D-6 E BACK FIFS 0 BRICK I?1-4 PYLON SIGN 9 CITY OF RICHFIELD, MINNESOTA Council Letter No. 81 Agenda April 13, 1998 Issue Statement: Public hearing and second reading of an ordinance amending Chapters 3 and 8 of the Richfield City Charter. Background: The Richfield City Charter Commission has recommended that the City Council amend the Richfield City Charter by ordinance. The proposed ordinance would amend Section 3.05 of the Charter and would amend Chapter 8 of the Charter by adding two new sections. Under the amendment to Section 3.05, the required time period between first and second reading of any ordinance would be increased from seven to fourteen days. This change would not affect the City's current practice, which typically has a two to four week time lapse between first and second reading. The proposed amendments to Chapter 8 would add Sections 8.04 and 8.05. Section 8.04 would require that any capital improvement on City owned property that has an estimated cost in excess of $500,000, or any such improvement with estimated design or engineering costs in excess of $75,000, must be approved by ordinance after a public hearing. The City Attorney has indicated that this section would not affect road improvement projects in City rights-of-way but would affect capital improvement projects on properties owned by the City in fee. Section 8.05 would require that notice of public hearing be published at least twice in the official newspaper within 14 days prior to the public hearing, and would permit the City Council to give additional notice as it deems advisable. The notice must contain the estimated costs of the capital improvement. The City Attorney has recommended a minor change to Section 8.05, changing the phrase "required by this chapter" to "required by Section 8.04". The change is for purposes of clarification and would not change the substantive effect of the charter amendment. The Charter Commission has consented to this recommendation (see attached letter). To be effective, the charter amendment will require unanimous approval of the City Council after the public hearing and second reading. The first reading was approved on March 9, 1998. Recommended Motion: Conduct the public hearing and approve second reading of an ordinance relating to City government; amending Section 3.05 and Chapter 8 of the Richfield City Charter; modifying procedures for the adoption of ordinances. 9-! • Basis of Recommendation: 1. A public hearing will provide the Council the opportunity to obtain public comment on the proposed charter amendment. 2. The first reading was held on March 9, 1998 and the public hearing and second reading was scheduled for April 13, 1998. 3. The public hearing notice was published in the official City newspaper on March 18 and March 25, 1998. Alternative Recommendation: 1. The Council could decide not to conduct the public hearing and approve second reading of the proposed ordinance amending the Charter, but adoption by ordinance is the only means of enacting charter amendments without an election. 2. The Council may continue the public hearing and second reading to a date certain if there are any scheduled absences for the April 13 meeting. Approval of a charter amendment requires unanimous Council approval. Discussion/Decision Mode: The public hearing and second reading of an ordinance amending Section 3.05 and Chapter 8 of the Richfield City Charter are schedule for the City Council meeting of April • 13, 1998. R pectf Ily submitted -Steven Devich Acting City Manager SLD:cak Copy: Shirley Johnson, Charter Commission President E 9-a BILL NO. AN ORDINANCE RELATING TO CITY GOVERNMENT; AMENDING SECTION 3.05 AND CHAPTER 8 OF THE RICHFIELD CITY CHARTER; MODIFYING PROCEDURES FOR THE ADOPTION OF ORDINANCES; REQUIRING PUBLIC HEARING AND ORDINANCE FOR CERTAIN CAPITAL IMPROVEMENTS THE CITY OF RICHFIELD DOES ORDAIN: Section 1. Background: findings: authority. 1.01. The City of Richfield (City) is governed by home rule charter adopted pursuant to the Constitution of the State of Minnesota and Minnesota Statutes, Chapter 410 (Act). 1.02. The Charter Commission of the City has proposed the adoption of an amendment (Amendment) to Chapters 3 and 8 of the charter and recommended to the City Council that the Amendment be adopted by City Council ordinance in the manner prescribed by Section 410.12, Subdivision 7, of the Act. The form of the Amendment is set out in Section 2.02. • 1.03. A public hearing on the Amendment was held on by the City Council after two weeks' published notice containing the text of the Amendment as required by the Act. The notice contained a brief description of the nature and scope of the Amendment. All persons desiring to be heard with reference to the Amendment were heard at the public hearing. 1.04. The Council finds and determines that it is in the best interests of the City and its inhabitants that the Amendment be adopted. Sec. 2 Adoption: effective date: filing, 2.01. The Amendment as proposed by the Charter Commission is adopted. 2.02. The text of the Amendment is as follows: a. Section 3.05 of the City Charter is amended to read as follows: Section 3.05. Procedure on Ordinances. The enacting clause of all ordinances shall be in the words "City of Richfield does ordain." Every ordinance shall be presented in writing. No ordinance except an emergency ordinance shall be passed at the meeting at which it is introduced and at least seven fourteen P 14) days shall elapse between its introduction and its final passage. Q-3 0 b. Chapter 8 of the City Charter is amended by adding two new sections as follows: Section 8.04. Approval by Ordinance. Any capital improvement on City owned property which has an estimated cost exceeding $500,000.00 or expenditures for design or engineering costs exceeding $75,000.00 must be approved by ordinance after a public hearing. Section 8.05. Notice of Public Hearings. Notice of public hearings required by Section 8.04 shall be published at least twice in the official newspaper within fourteen (14) days prior to the date of the hearing. Additional notice of such public hearings may be given in such manner as the Council may determine. This notice must contain the estimated costs of the capital improvement. 2.03. This ordinance is effective ninety (90) days after its publication, except that if within sixty (60) days after publication a petition requesting a referendum on this ordinance, signed by the number of registered voters of the City required by the Act is filed with the City Clerk, this ordinance will not be effective until approved by 51 % of the voters voting on the question of its adoption at the special election called by the Council for that purpose. 2.04. On the effective date of the Amendment, the City Clerk is authorized and directed to file copies of the Amendment with the Secretary of State of the State of Minnesota, the Hennepin County Recorder, and the City Clerk's office together with the certificate required by Section 410.11 of the Act. Passed by the City Council of the City of Richfield, Minnesota this day of , 1998. Martin J. Kirsch, Mayor ATTEST: Thomas P. Ferber, City Clerk 0 4-q • April 9, 1998 Richfield City Council 6700 Portland Ave. So. Richfield, MN 55423 RE: Proposed Charter Amendment Dear Council Members: This is to inform you that the charter commission approves the change to Section 8.05 suggested by Corrine H. Thomson. It will now read as follows: Section 8.05 PUBLIC HEARING Notice of public hearings required by this-ebapter (Section 8.04) shall be published at least twice in the official newspaper within 14 days prior to the date of the hearing. This notice must contain project estimated costs of the capitol improvement. Additional notice of such public hearings may be given in such. manner as the Council may determine. Approval by telephone was given by the following commission members: Gordon Anderson, Jan M. Anderson, Ronald M. Glaub, Gloria Gordon, Gordon Herrboldt,Shirley J. Johnston, Amy S. Krauss, Annette Margarit, Joe Novak. Sincerely, Shirle Johnson, President Richfield Charter Commission 0 SF CITY OF RICHFIELD, MINNESOTA Council Letter No. so Agenda April 13, 1998 Acting City Manager Issue Statement: Award of contract for tennis court replacement. Background: The tennis courts at Christian Park, in the vicinity of 69th Street and 15th Avenue, were installed in 1979. The four courts were resurfaced in 1988 as part of a program to repair and replace tennis courts throughout the City. Typically, the life of a tennis court is about 20 years. The courts at Christian Park are badly in need of replacement. The proposed 1998 capital improvement budget contains $40,000 for replacement of the tennis courts at Christian Parka Specifications for this work were sent to ten contractors. A formal bid opening was held on March 23, 1998 with the following results: Bituminous Roadways, Inc. $38,607 Barber Construction Company, Inc. $43,200 DMJ Corporation $44,497 Recommended Motion: Accept the bid minutes/tabulation and award a contract to Bituminous Roadways, Inc. 40 in the amount of $38,607 for replacement of four tennis courts at Christian Park. Basis of Recommendation: 1. Bituminous Roadways, Inc. submitted the low bid for the work required. 2. Bituminous Roadways, Inc. has worked with Richfield City staff on several other projects, and has proven to be a reliable contractor. 3. There are adequate funds available to fund this project. Alternative Recommendation: Council may reject the bids and instruct staff to obtain new bids; however, staff does not believe a more reasonable bid can be obtained from a reputable contractor. Discussion/Decision Mode: Staff is requesting approval at the April 13, 1998 regular Council meeting in order to facilitate a timely construction start date. Re ctf Ily sub ' ed, . e SLD:ds Attachment • CITY OF RICHFIELD, MINNESOTA Bid Opening March 23, 1998 11:00 a.m. Repair and Resurfacing of four (4) tennis courts and appurtenant work Bid No. 98-6 Pursuant to requirements of Resolution No. 1015, a meeting of the Administrative Staff was called by Thomas P. Ferber, City Clerk, who announced that the purpose of the meeting was to receive, open and read aloud, bids for repair and resurfacing of four (4) tennis courts and appurtenant work, Bid No. 98-6, as advertised in the official newspaper on March 11, 1998. Present: Thomas Ferber, City Clerk Mike Eastling, Public Works Director Cheryl Krumholz, City Manager Representative Roxi Braa, Administrative Aide • The following bids were submitted and read aloud: Bidder's Name/City Bid Security Total Bid Amount Bituminous Roadways, Inc. Mpls., MN 5% Bid Bond $ 38,607.00 DMJ Corporation Hamel, MN 5% Bid Bond $ 44,497.00 Barber Construction Co., Inc. Hopkins, MN 5% Bid Bond $ 43,200.00 The City Clerk announced that the bids would be tabulated and considered at the April 13, 1998 City Council Meeting. Thomas P. Ferber City Clerk • 8e- CITY OF RICHFIELD, MINNESOTA Council Letter No. 79 Agenda April 13, 1998 Issue Statement: Award contract for sodding, concrete sidewalk, and appurtenant work. Background: This project calls for sod on the south boulevard of 77th Street between Portland Avenue and Cedar Avenue and replacement of sidewalk in the area of SportMart in the Shops at Lyndale. Bids were opened on Wednesday, July 30, 1997 and rejected on August 25, 1997 with the Council authorizing rebid of the work for 1998 construction. The 1998 project is for this same work less reconstruction of the access from Lyndale Avenue to 78th Street east of Lyndale Avenue near the Hampton Inn which is handled separately. There were four plan holders for the April 1, 1998 bid opening. Two bids were received. A copy of the bid minutes/tabulation is attached. Recommended Motion: Accept the bid minutes/tabulation and award a contract to Ron Kassa Construction, Inc. in the amount of $27,432.35 for sodding, concrete sidewalk, and appurtenant work as part of the 77th Street project. Basis of Recommendation: 1. Council authorized bidding for work to be performed in 1998. 2. The lowest responsible bid is in keeping with the Engineer's estimate of $30,000. Alternative Recommendation: 1. Reject all bids and do not do the work. However, the work needs to be performed and has already been delayed for one year. 2. Award the contract to the other bidder. However, staff is not aware of any reason to award a contract for other than the lowest responsible bid. 3. Reject all bids and direct staff to readvertise the project. However, the lowest responsible bid is within the Engineer's estimate and staff does not believe lower bids will be received. It is also questionable whether the process could be completed to meet the start and completion dates specified. The specifications call for the work to begin no later than June 1, 1998 and for the work to be complete and accepted no later than July 15, 1998. l?J Discussion/Decision Mode: This item is scheduled for Council action at the April 13, 1998 meeting. The bid received will be valid for 60 days from the April 1, 1998 bid opening. Council should take action prior to the expiration of the bid validity. An award of contract should be no later than the first Council meeting of May 1998. This would afford sufficient time to process paperwork to meet the required deadline for starting the work. SLD:ds Attachment • 0 Acting City Manager CITY OF RICHFIELD, MINNESOTA S e-cX • Bid Opening April 1, 1998 11:00 a.m. 1998 Sodding, Concrete Sidewalk and Appurtenant Work City Project No. 401-30-552 Pursuant to requirements of Resolution No. 1015, a meeting of the Administrative Staff was called by Thomas P. Ferber, City Clerk, who announced that the purpose of the meeting was to receive, open and read aloud bids for 1998 sodding, concrete sidewalk, and appurtenant work, as advertised in the official newspaper on March 18, 1998. Present: Thomas Ferber, City Clerk George Atkinson, Public Works Director Representative Cheryl Krumholz, City Manager Representative • The following bids were submitted and read aloud: Bidder's Name/City Bid Security Total Bid Amount Ron Kassa Construction, Inc. 5% Bid Bond $ 27,432.35 Richfield Gunderson Bros. Cement 5% Bid Bond $ 35,169.00 Contractors, Co. Minneapolis The City Clerk announced that the bids would be tabulated and considered at the August 25, 1997 City Council Meeting. Thomas P. Ferber City Clerk 40 SI) CITY OF RICHFIELD, MINNESOTA Council Letter No. 78 Agenda April 13, 1998 Issue Statement: Award of contract for joint cleaning and resealing, crack sealing, repair of non- reinforced concrete pavement in alleys. Background: A concrete joint sealing maintenance program for paved alleys was initiated in 1989 as part of the special assessment project for alley maintenance. Due to small quantities, the repair of concrete alleys has been scheduled for every other year in an attempt to obtain more reasonable prices. The bid received in 1997 was rejected as it was about double the Engineer's estimate and it was believed that with an annual allotment of $10,000 for this work as part of the annual $20,000 annual assessment for alley maintenance, there would be sufficient funding in 1998 to do the equivalent of three years' work of concrete alley repair. There were seven plan holders for the March 26, 1998 bid opening. Four bids were received. A copy of the bids minutes/tabulation is attached. This year's joint sealing project will complete the cycle, which means all of the paved alleys will have had the joints cleaned and resealed once since 1989. Recommended Motion: Accept the bid minutes/tabulation and award a contract to Knish Construction Company, Inc. in the amount of $22,001.90. Basis of Recommendation: 1. The lowest responsible bid submitted is lower than the Engineer's estimate of $30,000. 2. There is sufficient funding available for the work. 3. City staff has checked on the contractor and found that Knish Construction is a reputable contractor that is capable of performing the work. Even though their bid is over $20,000 less than the next lowest bid, Knish is prepared to stand by their bid. Alternative Recommendation: 1. Do not do the work. However, this year's joint sealing project will complete the cycle, which means all of the paved alleys will have had the joints cleaned and resealed once since 1989. 9 2. Award the contract to another bidder. However, staff is not aware of any reason to award a contract for other than the lowest responsible bid. W-1 3. Direct staff to readvertise the project. However, the lowest responsible bid is within the Engineer's estimate and staff does not believe lower bids will be received. Acting City Manager Discussion/Decision Mode: This item is scheduled for Council action at the April 13, 1998 meeting. The bid received will be valid for 60 days from the March 26, 1998 bid opening. Council should take action prior to the expiration of the bid validity. A delay in award of contract would still provide sufficient time for the contractor to complete the work by September 30, 1998 as specified. ARe l y subm itted, evic SLD:ds Attachment s 9 8D-a CITY OF RICHFIELD, MINNESOTA 19 Bid Opening March 26, 1998 11:00 a.m. Alley Repair and Joint Cleaning and Resealing City Project No. 417-35-640 Pursuant to requirements of Resolution No. 1015, a meeting of the Administrative Staff was called by Nancy Stroth, Acting City Clerk, who announced that the purpose of the meeting was to receive, open and read aloud, bids for alley repair and joint cleaning and resealing, as advertised in the official newspaper on April 13, 1998. Present: Nancy Stroth, Acting City Clerk Mike Eastling, Public Works Director Cheryl Krumholz, City Manager Representative i • The following bids were submitted and read aloud: Vendor Bid Security Total Bid Amount Progressive Contractor's Inc. 5% Bid Bond $ 43,329.40 St. Michael, MN Tenson Construction Co., Inc. 5% Bid Bond $ 48,934.00 Big Fork, MN Forby Contracting Inc. 5% Bid Bond $ 42,335.00 Hinckley, MN Knish Construction Co., Inc. 5% Bid Bond $ 22,001.90 Montgomery, MN The City Clerk announced that the bids would be tabulated and considered at the April 13, 1998 City Council Meeting. Nancy Stroth Acting City Clerk S.c • CITY OF RICHFIELD, MINNESOTA Council Letter No. 77 Agenda April 13, 1998 Issue Statement: Approval of purchase for one new rubber tire hydraulic excavator. Background: City Unit #319, a 1988 JCB tractor backhoe used by the Utilities Divisions was fully depreciated in 1997 and is scheduled to be replaced this year. This unit, which can only dig 14 feet deep, has not been adequate to reach many of the deeper utility lines. The lifting capability for trench boxes, pipes, and other materials has also been inadequate. City Unit #284, a 1984 Ford truck with a Vac-All attachment has been fully depreciated since 1994. This unit was used by the Utilities Divisions to suck up debris out of catch basins until they bought a newer, trailer style vacuum machine in 1992. After that, #284 was used by the Street Maintenance division to suck up asphalt grindings from the street repair process, again until staff, in 1996, discovered that an Elgin sweeper with the right broom was quicker, quieter, and cheaper. Since then, #284 has been rarely used, and staff does not believe the unit should be replaced. • Specifications for a replacement backhoe were put together for a larger unit more appropriate for Public Works needs. Staff realized the amount budgeted ($110,000) for a replacement unit would not be enough to cover the cost of a larger machine, but hoped the trade-in of the old backhoe plus the old Vac-All would make up the difference. A formal bid opening was held on March 26, 1998 with the following results: Base Bid Trade-In Total Bid Ziegler $166,405 (27,500) $138,905 Sweeney Brothers Tractor, Inc. $166,000 (21,000) $145,000 Four "add alternates" options were also included in the bid proposals. The options were for a frost bucket, a one-yard sand bucket, a hydraulic compactor, and a hydraulic hammer. Staff would like to include the one-yard sand bucket at a cost of $3,050 and the hydraulic compactor at a cost of $12,100 in order to complete this unit. The motor pool has banked $110,000 to replace the backhoe, and $140,000 to replace the Vac-All. These funds are more than adequate to cover this purchase, if the Vac-All is not replaced. The 1998 motor pool budget would be revised to show these revised figures. Recommended Motion: • Accept the bid minutes/tabulation and approve the purchase of a new rubber tire hydraulic excavator from Ziegler at a base of $166,405, minus trade-ins of Units No. SC-1 • 319 and 284 ($27,500), with add alternates No. 2, a one-yard sand bucket for $3,050, and No. 3, a hydraulic compactor for $12,100, for a total purchase price of $154,055. Basis of Recommendation: 1. This unit is due to be replaced and upgraded. Acting City Manager 2. Funds are available if the Vac-All is not replaced, and this would reduce the motor pool by one unit. 3. This is a good bid and staff does not think a better bid price could be obtained from a reputable dealer. 4. Public Works staff have worked with Ziegler in the past and they have proven to be a reliable, responsible company. Alternative Recommendation: 1. Council may choose to reject the bids and direct staff to re-advertise for this unit. However, staff does not believe a better price can be obtained for a larger backhoe machine. 2. Council may choose to reject the bids and direct staff to re-advertise for a smaller unit equivalent to the one currently in use. However, the unit now being used does • not meet all the needs of the City. 3. Council may direct staff to wait for purchase of a replacement backhoe until the revised 1998 or proposed 1999 budget is approved. The budget process typically provides Council approval of revised and proposed budgets sometime in December. The bids received March 26, 1998 expire in 60 days which would be the end of May. Discussion/Decision Mode: Staff is requesting approval at the April 13 regular Council meeting in order to facilitate a timely delivery date. Res c Ily submi e , even . Devich SLD:ds Attachment 0 sc-? OF RICHFIELD, MINNESOTA • Bid Opening March 26, 1998 11:15 a.m. One New Rubber Tire Hydraulic Excavator Bid No. 98-5 Pursuant to requirements of Resolution No. 1015, a meeting of the Administrative Staff was called by Nancy Stroth, Acting City Clerk, who announced that the purpose of the meeting was to receive, open and read aloud, bids for one new rubber tire hydraulic excavator, Bid No. 98-5, as advertised in the official newspaper on March 18, 1998. Present: Nancy Stroth, Acting City Clerk Mike Eastling, Public Works Director Cheryl Krumholz, City Manager Representative Roxi Braa, Administrative Aide Rick Beane, Mechanic/Parks Maintenance Supervisor • The following bids were submitted and read aloud: VENDOR Bid Base Bid Trade Ins Total Bid Security Ziegler Co. 5% Bid $166,405.00 Unit 319 -$669.00 $138,905.00 Minneapolis Bond Unit 284 -$4,913.00 Sweeney Bros. 5% Bid $166,000.00 Unit 319-$14,500.00 $145,000.00 Tractor, Inc. Bond Unit 284 -$6,500.00 Burnsville The Acting City Clerk announced that the bids would be tabulated and considered at the April 13, 1998 City Council Meeting. Nancy Stroth Acting City Clerk 0 gG CITY OF RICHFIELD, MINNESOTA Council Letter No. 76 Agenda April 13, 1998 Issue Statement: Approval of Release of Declaration of Easements and Related Covenants (former Cloverleaf site). Background: In 1992, the Richfield Housing and Redevelopment Authority (HRA) acquired the former Cloverleaf site from the Resolution Trust Corporation, previously owned by Louise E. Lyons. In the ownership transfer, a "Declaration of Easements and Related Covenants and Revocation of Prior Agreement" dated May 13, 1982 (Declaration) was assumed by the HRA. In general, the Declaration created and established a non-exclusive roadway (i.e., private road on a portion of Girard Avenue) and utility easement over the Cloverleaf site. During the HRH's ownership of the Cloverleaf site, easements were granted to the City which dedicated a part of Girard Avenue as a public street. The rest of the public street dedication was undertaken during the platting of the Cloverleaf Addition. In order to clear title matters created by the original Declaration, the HRA found it necessary to undertake the release and termination of the Declaration. The Release of Declaration of Easements and Related Covenants (Release of Declaration) is being presented to all property owners whose land is affected by the Declaration. The Release of Declaration releases the parties from the obligations, covenants, and restrictions imposed by the Declaration and terminates the Declaration. The City is being asked to approve the Release of Declaration because it owns Outlot B of the Cloverleaf Addition, which was created at approximately the intersections of 76th Street, 77th Street, and Emerson Avenue as a result of the 77th Street project. Recommended Motion: Approve the attached Release of Declaration of Easements and Related Covenants. Basis of Recommendation: 1. The Declaration of Easements and Related Covenants and Revocation of Prior Agreements, dated May 13, 1982, was a land restriction placed on the Cloverleaf site by the former owner, Louise E. Lyons. 2. The HRA assumed the Declaration upon the purchase of the Cloverleaf site. 3. Girard Avenue is now a dedicated public street rather than a private road as represented in the Declaration. 38-1 9 4. Clearing title matters created by the original Declaration is necessary as this issue continues to cloud the title of affected property owners. 5. The City's Attorney has reviewed the matter and prepared the Release of Declaration. 6. The City is an affected property owner as it owns Outlot B in the Cloverleaf Addition. 7. The Release of Declaration is being presented to all current property owners affected by the Declaration for similar approval. Alternative Recommendation: There are no alternative recommendations as this is a title matter for which all parties must agree to in order to effectuate the Release of the Declaration. Discussion/Decision Mode: The Release of Declaration will be recorded at Hennepin County Property Records and be made of public record once all parties agree to and sign the document. Resp ctfully submitted, e Dev Acting City Manager SLD:ds 0 38-C;L Box 198 Kennedy & Graven, Chartered Abstract RELEASE OF DECLARATION OF EASEMENTS AND RELATED COVENANTS THIS INSTRUMENT is made as of this day of , 1998, by and among MERIDIAN CROSSINGS LLC, a Minnesota limited liability company ("Meridian I"), MERIDIAN CROSSINGS II LLC, a Minnesota limited liability company ("Meridian II"), HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR THE CITY OF RICH- FIELD, a public body corporate and politic under the laws of Minnesota ("HRA"), CITY OF RICHFIELD, a Minnesota municipal corporation ("City"), EMERSON CONGREGATIONAL UNITED CHURCH OF CHRIST, a Minnesota religious corporation ("Emerson"), and MINNESOTA SCHOOL OF BUSINESS, INC., a Minnesota corporation ("MSB"). Recitals A. Meridian I is the fee owner of certain land in Hennepin County, Minnesota, legally described on the attached Exhibit A (the "Meridian I Property"). B. Meridian II is the fee owner of certain land in Hennepin County, Minnesota, legally described on the attached Exhibit B (the "Meridian II Property"). C. HRA is the fee owner of certain land in Hennepin County, Minnesota, legally described on the attached Exhibit C (the "HRA Property"). D. City is the fee owner of certain land in Hennepin County, Minnesota, legally described on the attached Exhibit D (the "City Property"). E. Emerson is the fee owner of certain land in Hennepin County, Minnesota, legally described on the attached Exhibit E (the "Emerson Property"). F. Meridian I, Meridian II, HRA, City and Emerson, as owners of the Meridian I, Meridian II, HRA, City and Emerson Properties, respectively, are successors in interest to Louise E. Lyons under that certain Declaration of Easements and Related Covenants and Revocation of Prior CAH119209 1 RC125-66 g6-3 Agreements dated May 13, 1982 and filed May 13, 1982 in the Office of Hennepin County Recorder as Document No. 4716372 (the "Declaration"). G. MSB is the fee owner of certain land in Hennepin County, Minnesota, legally described on the attached Exhibit F (the "MSB Property"). H. MSB, as owner of the MSB Property, is the successor in interest to J. E. Erickson & Sons under the Declaration. 1. The Declaration created and established a non-exclusive roadway and utility easement over portions of the Meridian II, HRA, Emerson, and MSB Properties, together with other easements and covenants. J. Paragraph 7 of the Declaration provides that the Declaration shall become null and void and shall be terminated upon the dedication to the public of a roadway as provided in Subparagraph 4a of the Declaration. K. By instrument dated March 26, 1993 and filed April 7, 1993 in the Office of the Hennepin County Recorder as Document No. 6061469, the parties or their predecessors in title dedicated to the public the roadway contemplated by Subparagraph 4a of the Declaration. L. A portion of the roadway contemplated by Subparagraph 4a of the Declaration has also been dedicated to the public as Girard Avenue South in the plat of CLOVERLEAF ADDITION, filed July 31, 1996 in the Office of the Hennepin County Recorder. as Document No. 6614137. Agreement In consideration of the foregoing recitals, the parties mutually agree as follows: 1. Each of the parties releases the other parties, their successors and assigns, from the obliga- tions, covenants, and restrictions imposed by the Declaration. 2. The parties hereby terminate the Declaration and all easements, covenants, and restrictions created by the Declaration. IN WITNESS WHEREOF, the undersigned have executed this instrument as of the day and year first written above. • CAH119209 2 RC125-66 8?-'? • MERIDIAN CROSSINGS LLC By Its Manager STATE OF MINNESOTA ) ) SS. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of , 1998 by Bryant J. Wangard, the manager of Meridian Crossings LLC, a Minnesota limited liability company, on behalf of the company. Notary Public U 9 CAH119209 3 RC125-66 36-5- 0 MERIDIAN CROSSINGS II LLC By Its Manager STATE OF MINNESOTA COUNTY OF HENNEPIN ) SS. The foregoing instrument was acknowledged before me this _ 1998 by Bryant J. Wangard, the manager of Meridian Crossings II liability company, on behalf of the company. - day of , LLC, a Minnesota limited Notary Public C? • CAH119209 RC125-66 4 36-6 HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR THE CITY OF RICHFIELD By Its Chairperson By Its Executive Director STATE OF MINNESOTA ) ) SS. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of , 1998 by Thomas E. Harms, the chairperson of the Housing and Redevelop- ment Authority in and for the City of Richfield, a public body corporate and politic under the laws of Minnesota, on behalf of the corporation. Notary Public STATE OF MINNESOTA ) ) SS. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of 1998 by James D. Prosser, the executive director of the Housing and Redevelopment Authority in and for the City of Richfield, a public body corporate and politic under the laws of Minnesota, on behalf of the corporation. • Notary Public CAH119209 S RC125-66 CITY OF RICHFIELD By Its Mayor By STATE OF MINNESOTA ) ) SS. COUNTY OF HENNEPIN ) Its City Manager The foregoing instrument was acknowledged before me this day of , 1998 by Martin J. Kirsch, the mayor of the City of Richfield, a Minnesota municipal corporation, on behalf of the corporation. 0 Notary Public STATE OF MINNESOTA ) ) SS. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of 1998 by James D. Prosser, the city manager of the City of Richfield, a Minnesota municipal corporation, on behalf of the corporation. • Notary Public CAH119209 6 RC125-66 MINNESOTA SCHOOL OF BUSINESS, INC. By Its By Its STATE OF MINNESOTA ) ) SS. COUNTY OF ) The foregoing instrument was acknowledged before me this day of 1997 by and the and , respectively, of Minnesota School of Business, Inc., a Minnesota corporation, on behalf of the corporation. THIS INSTRUMENT DRAFTED BY: KENNEDY & GRAVEN, CHARTERED 470 Pillsbury Center Minneapolis, MN 55402 (612) 337-9300 LJ Notary Public CAH119209 .7 RC125-66 s6-9 • EMERSON CONGREGATIONAL UNITED CHURCH OF CHRIST By STATE OF MINNESOTA ) ) SS. COUNTY OF HENNEPIN ) Its Moderator The foregoing instrument was acknowledged before me this day of 311998 by , the moderator of Emerson Congrega- tional United Church of Christ, a Minnesota religious corporation, on behalf of the corporation. Notary Public • • CAH119209 RC125-66 8 36-?o 0 EXHIBIT A (Description of Meridian I Property) Lot 3, Block 3, CLOVERLEAF ADDITION, Hennepin County, Minnesota • • CAH119209 RC125-66 A-1 EXHIBIT B (Description of Meridian II Property) Lot 2, Block 3, CLOVERLEAF ADDITION, Hennepin County, Minnesota • CAH119209 RC125-66 B-1 38-ia 0 EXHIBIT C (Description of HRA Property) Outlot A, CLOVERLEAF ADDITION, Hennepin County, Minnesota • CAH119209 RC125-66 B-2 38-1?) EXHIBIT D (Description of City Property) Those portions of Outlot B, CLOVERLEAF ADDITION, Hennepin County, Minnesota and of West 77th Street as dedicated in the plat of CLOVERLEAF ADDITION, formerly described as: PARCEL I That part of the West 2/5 of the East 5/8 of the North Half of the Southwest Quarter of the Southeast Quarter of Section 33, Township 28, Range 24, Hennepin County, Minnesota, which lies northeasterly of the following described Line A: Commencing at the northeast corner of said West 2/5 of the East 5/8; thence South 00 degrees 08 minutes 11 seconds West, grid bearing, Hennepin County Coordinate System, along the east line of said West 2/5 of the East 5/8 a distance of 290.63 feet to the point of beginning of Line A to be described; thence North 34 degrees 03 minutes 06 seconds West 15.50 feet; thence northwesterly along a tangential curve, concave to the southwest, having a radius of 511.33 feet to a point on the southeasterly line of the right of way of Interstae Highway 35W, according to Hennepin County Recorder Document No. 3772729 and said Line A there terminating. 0 PARCEL 2 That part of the East Half of the West Half of the Northeast Quarter of the Southwest Quarter of the Southeast Quarter lying southerly of the northerly 315.00 feet of Section 33, Township 28, Range 24, Hennepin County, Minnesota and lying northwesterly of the following described Line A: Commencing at the northwest comer of said East Half of the West Half of the Northeast Quarter of the Southwest Quarter of the Southeast Quarter; thence South 00 degrees 08 minutes 11 seconds West, grid bearing, Hennepin County Coordinate System, a distance of 290.63 feet; thence South 34 degrees 03 minutes 06 seconds East 33.02 feet to the point of beginning of Line A to be described; thence continuing South 34 degrees 03 minutes 06 seconds East 122.28 feet; thence southeasterly along a tangential curve, concave to the northeast, having a radius of 640.33 feet to a point on a line 30.00 feet westerly of the east line of said East Half of the West Half, also known as the west line of Emerson Avenue and said Line A there terminating. • CAH119209 RC125-66 C-1 va-lck 0 EXHIBIT E (Description of Emerson Property) Lot 1, Block 3, CLOVERLEAF ADDITION, Hennepin County, Minnesota 0 • CAH119209 RC125-66 D-1 36-Is a EXHIBIT F (Description of MSB Property) Lot 1, Block 1, BOURBON AND BASIN FIRST ADDITION, according to the plat thereof on file and of record in the office of the County Recorder, Hennepin County, Minnesota and also Those portions of the three following described tracts of land not included within Lot 1 described above: Parcel I: West 1/2 of Southwest 1/4 of Southwest 1/4 of Southeast 1/4 of Section- 33, Township 28 North, Range 24 West of the 4th Principal Meridian. Parcel II: The West 1 /2 of the Northwest 1 /4 of the Southwest 1 /4 of the Southeat 1/4 of Section 33, Township 28, Range 24 Parcel III: The East 31 feet of the West 1/2 of the Northwest 1/4 of the Southeast 1/4 of the Southwest 1/4 and lying Southerly of a line run parallel with and distant 105 feet Southerly of the centerline of West 76th Street, and Northerly of a line run parallel with and distant 135 feet Southerly of the centerline of West 76th Street, all in Section 33, Township 28, Range 24, Hennepin County, Minneso- ta All according to the United States Government Survey thereof and situated in Hennepin County, Minnesota • CAH119209 RC125-66 E-1 i •:: 33. ?r r? ra ru r L I NE E'--2 - Ws,2 i r OUTLOT B-} ,- N 0-07'35"E 345.59 _ _--z_ Pro E., r _ _ .. _. .. \1 M >17.51M EMERSO? AVE. SO. ro \\, 45 261.33 c---- 165.00------ ?og• .9 p ; LOT 1 •s ?? ?• 2 T2 ?., Gh n\\ a -'?`?`' -,1.66.• ??? s 9B O> 60 v - i r• 60 r r T--- 77 r •J/ \ W I `? 1 \ G?3 1 129.3 A, tn tO Lo C:) v cn h r o 1 Z h T ?? ~ f• W V -Tq fto CD I ,:) a Sy ~ vWi La v r 6? to 0 C1O 1 O l I 129.3 ?? i----a -- \\. 45.32 I \`-.- - f= „ 59-i1 `o -_-- rr 2 - z \\ ---------259.80 ------G I - 5 ?\ 'V17- S7, s s ec 112 v 00 • 0 tV O O^ ?P ^ o .- O? M ^ry N W Ln to ? M e ap am Z .- I- 31 .00 ID AVE • SO. N 0° 09'5e O J F- D O m 0 O 0 o? PL ai Q 0 0 _o II Cc w O J Z Q N Z . 0 Z Z ON? ?I ? 3fi CITY OF RICHFIELD, MINNESOTA Council Letter No. 75 Agenda April 13, 1998 Issue Statement: Request for approval of a subdivision waiver at 300 West 78th Street. Background: City staff is requesting a subdivision waiver to combine and resplit property located at 300 West 78th Street along with an additional 66-foot strip of property adjacent to the Soo Line railroad. Candlewood Hotel Co. is proposing to develop a 134-unit extended stay hotel on the southern half of the property. Candlewood has agreed to replat the property as a condition of City approval. A subdivision waiver is needed at this time so that the City can sell the property to Candlewood. The City would sell the northern half of the property to another developer at some time in the future. The size of the northern half of the property is 49,187 square feet and the southern half is 104,615 square feet. These parcels meet the minimum lot size requirement of 9,000 square feet in the C-2 zoning district. Recommended Motion: Adopt a resolution approving a subdivision waiver for 300 West 78th Street and the 66 foot strip of property adjacent to the Soo Line railroad. Basis of Recommendation: 1. Approval of the subdivision waiver would not interfere with the purposes of platting regulations, Section 500.05. 2. Compliance with the regular platting requirements of Section 500.05, Subd. 1 of the City Code would result in an unnecessary hardship because it would delay sale of the property. 3. Approval of the subdivision waiver would allow the property to be sold to Candlewood Hotel Co. 4. Candlewood Hotel Co. has agreed to plat the property once they have taken ownership of the property. 5. The resulting parcels meet the Zoning Ordinance requirements for lot width and size. 0 BA-I Alternative Recommendation: The City Council may deny this subdivision waiver if a finding of fact determines that the proposal would have an adverse impact on adjacent properties. Discussion/Decision Mode: Consideration of this item is scheduled on the Consent Calendar of the City Council meeting agenda. Re a tfully submitt ___-S.tev Acting City Manager SLD:ds 0 0 ?)q- C?-- RESOLUTION NO. RESOLUTION AUTHORIZING A SUBDIVISION WAIVER (300 West 78th Street) WHEREAS, an application has been filed with the City of Richfield which requests approval of a subdivision waiver for the combination and re-division of certain parcels of land located at 300 West 78th Street and adjacent to the Soo Line railroad, legally described as: 300 West 78th Street: The West 289 feet of the East 330 Feet of the Southest Quarter of the Southwest Quarter of the Southwest Quarter, except the State Highway Soo Line Property: Beginning at a point 120 feet Northerly, as measured at right angles, of a point upon the South line of Section 34, Township 28 North, Range 24 which is 91 feet westerly of the Southeast corner of the Southwest Quarter of the Southwest Quarter of said Section 34; thence North 540 feet; thence East 66 feet to a point on the Westerly railroad right of way line; thence South along said Westerly right of way line a distance of 540 feet, more or less, to a • point 120 feet Northerly of the South line of said Section 34; thence West to the point of beginning. WHEREAS, the proposed division of land for which the subdivision waiver is sought is as legally described as: Parcel A: That part of the West 305.00 feet of the East 330.00 feet of the Southeast Quarter of the Southwest Quarter of the Southwest Quarter of Section 34, Township 28, Range 24, which lies northerly of a line described as beginning at a point in the west line of said East 330.00 feet distant 160.77 feet south of the northwest corner thereof, thence easterly, at a right angle distance of 136.00 feet; thence southerly at a right angle 42.80 feet; thence easterly at a right angle 65.00 feet; thence southerly at a right angle 18.00 feet; thence easterly at a right angle 104.00 feet to a point in the east line of said West 305.00 feet of the East 330.00 feet distant 222.86 feet south of the north line of said Southeast Quarter of the Southwest Quarter of the Southwest Quarter and said line there terminating, except the north 30.00 feet thereof, according to the United States Government survey thereof, Hennepin County, Minnesota. Parcel B: That part of the West 305.00 feet of the East 330.00 feet of the Southeast Quarter of the Southwest Quarter of the Southwest Quarter of Section 34, Township 28, Range 24, which lies southerly of a line described as beginning at a point in the west line of said East 330.00 feet distant 160.77 feet south of the northwest corner thereof; thence easterly, at a right angle a distance of SM-3 136.00 feet; thence southerly at a right angle 42.80 feet; thence easterly at a right angle 65.00 feet; thence southerly at a right angle 18.00 feet; thence easterly at a right angle 104.00 feet to a point in the east line of said West 305.00 feet of the East 330.00 feet distant 222.86 feet south of the north line of said Southeast Quarter of the Southwest Quarter of the Southwest Quarter and said line there terminating, except that part taken for Interstate Highway Number 494, according to the United States Government survey thereof, Hennepin County, Minnesota. WHEREAS, the two lots resulting from the subdivision waiver will comply with Section 526.29 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. 2. Future transfers of any of the Subject Property may be by parcel or parcels as described above as Parcel A and Parcel B. 3. 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 13th day of April, 1998. Martin J. Kirsch, Mayor 0 Thomas P. Ferber, City Clerk ATTEST: ....... 77th-ST-REET-WESTBOUND-.- ------ ------ ---.-•- - -• -•-Wth-STREBT-EAST M-ND-•-•-•-•-•- - - - - - - - t • r t ? t 1 I I t I PARCEL A t M l..i.r tM,.? .-._._ .. IN11? n " i ? I 1 r iwu , t >, ? t I ? t ? I i I _ t 1 •e w w e wr wo -v wa ? t I 1 ? I ? t . 1 I I ? I PARCEL B . ' i >< i I E ? t 1 I t Y Y •• I • I P i i I I 1 ? I 1 1 ? 1 i. 1 a . e al l 78th STREET . Md a I ............................... 8&q ........................ C; N LE woD 300 WEST 78th 3t. RICHFIELD. MINNESOTA (i ? TV" N?.h ewsdelr hs. i110 1.M.y..... .N, ..?wa +..wY .e•ae NS-Wi20. iM4 t1C•C4 sm P16" A1.0 PONM r, wr nmm tt nr 'ARCEL A: 49,187 SQ. FT. ARCEL B: 104,615 SQ. FT.''I OPTICH FOUR N 1 b INTERSTATE WWY 494 •