09-28-98 agenda• CITY OF RICHFIELD, MINNESOTA
MONDAY, SEPTEMBER 28, 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 (1) REGULAR CITY COUNCIL MEETING OF
SEPTEMBER 14, 1998 AND (2) SPECIAL CITY COUNCIL MEETING OF SEPTEMBER
17, 1998
PRESENTATIONS
INDIVIDUALS WHO WISH TO ADDRESS THE COUNCIL ARE REQUESTED TO PRINT
THEIR NAME AND ADDRESS ON THE SPEAKER'S REGISTER FOR THE RECORD.
1. OPPORTUNITY FOR CITIZENS TO ADDRESS THE COUNCIL ON ITEMS NOT ON
THE AGENDA
AGENDA APPROVAL
2. COUNCIL APPROVAL OF AGENDA
CONSENT CALENDAR
3. CONSENT CALENDAR CONTAINS SEVERAL SEPARATE ITEMS WHICH ARE
ACTED UPON BY THE CITY COUNCIL IN ONE MOTION. ONCE THE CONSENT
CALENDAR HAS BEEN APPROVED, THE INDIVIDUAL ITEMS AND
RECOMMENDED ACTIONS HAVE ALSO BEEN APPROVED. NO FURTHER
COUNCIL ACTION IS NECESSARY. HOWEVER, ANY COUNCIL MEMBER MAY
REQUEST THAT AN ITEM BE REMOVED FROM THE CONSENT CALENDAR AND
PLACED ON THE REGULAR AGENDA FOR COUNCIL DISCUSSION AND
ACTION. ALL ITEMS LISTED ON THE CONSENT CALENDAR ARE
RECOMMENDED FOR APPROVAL.
A. CONSIDERATION OF APPROVAL OF RESOLUTION CERTIFYING
DELINQUENT CITY UTILITY ACCOUNTS TO COUNTY AUDITOR C.L. 237
PUBLIC HEARINGS
4. PUBLIC HEARING AND SECOND READING OF NEW ORDINANCE SECTION 1146
PERTAINING TO TOBACCO AND TOBACCO PRODUCTS AND REPEAL OF
ORDINANCE SECTION 1145.03; CONSIDERATION OF RESOLUTION
is SUMMARIZING ORDINANCE SECTION 1146 FOR LEGAL PUBLICATION; AND
CONSIDERATION OF RESOLUTION APPROVING INCREASE IN FEES FOR
TOBACCO LICENSE IN APPENDIX D, SECTION 8, FEES /PERMITS
COUNCIL LETTER NO. 238
5. CONTINUED PUBLIC HEARING REGARDING PLANNED UNIT DEVELOPMENT
PLAN AND SECOND READING OF ORDINANCE AMENDMENT REZONING LAND
AT 710 LAKE SHORE DRIVE AND 6724 LYNDALE AVENUE FROM GENERAL
COMMERCIAL AND SINGLE FAMILY RESIDENCE TO PLANNED MULTIPLE
RESIDENCE FOR GRAMERCY PARK COOPERATIVE DEVELOPMENT
COUNCIL LETTER NO. 239
6. CONTINUED PUBLIC HEARING REGARDING REQUEST FOR FINAL
DEVELOPMENT PLAN AND CONDITIONAL USE PERMIT TO ALLOW
CONSTRUCTION OF 218 UNIT SENIOR HOUSING COOPERATIVE AND VFW
FACILITY AT 710 LAKE SHORE DRIVE AND 6724 LYNDALE AVENUE
COUNCIL LETTER NO. 240
7. CONTINUED PUBLIC HEARING AND SECOND READING OF TRANSITORY
ORDINANCE VACATING RIGHT OF WAY ADJACENT TO 710 LAKE SHORE DRIVE
AND 6724 LYNDALE AVENUE FOR GRAMERCY PARK COOPERATIVE
DEVELOPMENT
COUNCIL LETTER NO. 241
8. CONTINUED PUBLIC HEARING AND CONSIDERATION OF RESOLUTION
. GRANTING PRELIMINARY AND FINAL PLAT APPROVAL FOR GRAMERCY PARK
RICHFIELD, 710 LAKE SHORE DRIVE AND 6724 LYNDALE AVENUE
COUNCIL LETTER NO. 242
9. CONTINUED PUBLIC HEARING REGARDING REQUEST FOR CONDITIONAL USE
PERMIT TO ALLOW VFW POST 5555 TO OPERATE CLUB RESTAURANT AND
BAR AT 6401 LYNDALE AVENUE FOR UP TO 18 MONTHS
COUNCIL LETTER NO. 243
RESOLUTIONS
10. CONTINUED CONSIDERATION OF RESOLUTION AUTHORIZING TEMPORARY
CLOSURE OF ALLEY LOCATED NORTH OF 710 LAKE SHORE DRIVE
COUNCIL LETTER NO. 244
11. CONTINUED CONSIDERATION OF RESOLUTION AUTHORIZING TEMPORARY
USE OF PUBLIC RIGHT OF WAY BY GRAMERCY CORPORATION
COUNCIL LETTER NO. 245
12. CONSIDERATION OF RESOLUTION REGARDING FINDINGS OF FACT GRANTING
APPROVAL OF FRONT YARD SETBACK AND LOT COVERAGE VARIANCES FOR
• 6600 JAMES AVENUE
COUNCIL LETTER NO. 246
• 13. CONSIDERATION OF RESOLUTION APPROVING LAWFUL GAMBLING LICENSE
WITH FEE WAIVER FOR FRED BABCOCK VFW POST #5555, 6401 LYNDALE
AVENUE
COUNCIL LETTER NO. 247
PROPOSED ORDINANCE
14. CONSIDERATION OF FIRST READING OF ORDINANCE RELATING TO RULES OF
COUNCIL PROCEDURE AMENDING SUBSECTIONS 205.05, 205.09 AND 205.13
OF RICHFIELD CITY CODE AND CONSIDERATION OF RESOLUTION ADOPTING
RULES OF PROCEDURE AND DECORUM FOR CITY COUNCIL MEETINGS
COUNCIL LETTER NO. 248
ADMINISTRATIVE REPORTS AND OTHER BUSINESS
15. CONSIDERATION OF SETTING OCTOBER 12, 1998 AS PUBLIC HEARING FOR
NEW ON -SALE AND SUNDAY LIQUOR LICENSE FOR FRED BABCOCK VFW
POST #5555,6401 LYNDALE AVENUE
COUNCIL LETTER NO. 249
16. CONSIDERATION OF RECOMMENDATION TO PROVIDE TRAFFIC CALMING ON
70TH STREET WEST OF PENN AVENUE
• COUNCIL LETTER NO. 250
AIRPORT BUSINESS
L�
17. CONSIDERATION OF ORDERING PROJECT, APPROVING PLANS AND
SPECIFICATIONS, AND AUTHORIZING ADVERTISEMENT FOR BIDS FOR PHASE
ONE OF BALL FIELD REPLACEMENT PROJECT
COUNCIL LETTER NO. 251
18. AIRPORT STATUS REPORT
CORRESPONDENCE
19. LEGISLATIVE REPORT
COUNCIL CHOICE
20. COUNCIL DISCUSSION ITEMS
21. CLAIMS AND PAYROLLS
22. 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 /17 Council Letter No. 251
• Agenda September 28, 1998
Issue Statement:
Order project, approve plans and specifications and authorize advertisement for ball
field replacement.
Background:
The City has received a grant from the State for $2 million to develop and improve ball
fields at various parks to replace ball fields currently in use on Metropolitan Airports
Commission (MAC) property. The ball field improvement plan was developed by the
Ball Field Task Force and recommended for implementation by the Community
Services Commission. As the grant is only half of the estimated cost of the total plan,
implementation of the plan will be based on meeting the needs of as many user groups
as possible. The grant funded improvements are known as Phase One of the total ball
field replacement project. Meetings have been held with neighbors of the new ball field
sites: Donaldson Park/West Junior High, Roosevelt Park, and East Intermediate
School. With the proposed construction schedule, some earthwork may be possible in
1998 with the balance of the construction to take place in 1999. Alternate, interim plans
are available to accommodate the user groups as necessary until the replacement ball
fields are ready for use. City staff will maintain and schedule the new facilities.
Recommended Motion:
Order City Project No. 421-40 -754, approve the plans and specifications and authorize
advertisement for bids for Phase One of the ball field replacement project.
Basis of Recommendation:
1. The MAC has informed the City of their need for the land currently used for ball
fields.
2. The State has granted $2 million to implement the ball field replacement plan as
recommended by the Ball Field Task Force and Community Services Commission.
Alternative Recommendation:
1. Do not replace ball fields. However, there is a very active segment of the
community, both youth and adult, which participates in athletics. The replacement
ball fields are needed to accommodate the loss of MAC ball fields.
2. Accelerate the program to provide replacement ball fields. It is important to note
that there is virtually no room for growth in the plan currently before the Council. It
meets the current needs based on today's population. As Richfield adds population
with new housing units, that need will increase and the City will be forced to look for
alternatives for additional fields.
Discussion /Decision Mode:
George Watson, consultant with Brauer and Associates, Inc., will be available to
discuss the ball field replacement project including Phase One, alternative /interim
plans, and the whole of the project. Council is asked to take action at the September
28, 1998 meeting if there is to be any possibility of any work being done in 1998.
Respectfully submitted,
Ja e JMnager
Prosser
Ci
JDP:cak
/6
• CITY OF RICHFIELD, MINNESOTA
Council Letter No. 250
Agenda September 28, 1998
Issue Statement:
Recommendation to provide traffic calming on 70th Street west of Penn Avenue.
Background:
For two years the City has been studying traffic calming on 70th Street west of Penn
Avenue. Efforts in 1996 with stop signs and yield signs, and in early 1998 with a
leading left turn arrow at York Avenue have not reduced traffic on 70th Street. At an
August 6 neighborhood Open House, City staff submitted a new set of more drastic
traffic calming alternatives to deal with excessive traffic on 70th Street.
Two mailings notified 650 residents of the August 6 Open House and the September 8
Community Services Commission meeting. On August 6, 1998, 67 residents attended
an Open House at the Hennepin County Southdale Area Library. Residents were
generally in favor of an alternative that did not require a special assessment. Residents
proposed a one -way street for one block on either end of 70th Street that would allow
residents to exit the neighborhood but not allow motorists to enter 70th Street from
• outside the neighborhood.
The attached summary of residents' votes on the different alternatives presented at the
August 6 meeting revealed several alternatives generated support including the Do
Nothing alternative. Comments received are attached and indicate some residents who
gain access to their homes by way of alleys located on 70th Street would be
inconvenienced by making 70th Street a one -way street. Access to their properties
would become circuitous by adding one - quarter to one -half mile to their journeys if they
need to travel in the direction prohibited by the one -way streets. Since the September
8 Commission meeting, a substantial number of residents on 70 -1/2 Street have called
to voice their unanimous opposition to the plan to make 70th Street one -way at both
ends. They believe that motorists will divert to 70 -1/2 Street .
The one -way alternative eliminates the need for a special assessment required for
certain other alternatives. However, a partial diverter, Alternatives B and C, achieve the
same objective and provide two -way access to the alleys. This alternative may be
considered at the time proposed storm sewer improvements are performed to service
the 6900 blocks of Sheridan and Russell Avenues. Residents are also aware that this
traffic calming study is a trial test and refinements in six months are possible.
Staff for the City of Edina have recently indicated their opposition to closing 70th Street
just west of Xerxes Avenue. Without Edina's cooperation, creating a cul -de -sac in
• Edina is no longer a viable option. Residents had asked for a cost estimate to build the
street closure but without Edina's support a cost estimate was not completed.
MO-1
i Findings of Fact:
• There are 2,200 to 3,000 vehicles per day on 70th Street west of Penn Avenue.
• 70th Street is designated as a local residential street in the City's Comprehensive
Plan.
• Typically, residential streets in Richfield carry between 200 and 500 vehicles per
day.
• Traffic calming is a suitable means to address excessive traffic in residential areas.
Recommended Motion:
Refer the 70th Street traffic calming study back to the Community Services Commission
to evaluate other traffic calming measures.
Basis of Recommendation:
1. Substantial resident opposition has surfaced since the September 8 Community
Services Commission meeting. The opposition focuses on traffic being diverted to
other residential streets, especially 70 -1/2 Street, Xerxes Avenue and other north -
south avenues. For traffic calming to be successful, through traffic should be
diverted to arterials and collectors.
2. Residents served by alleys between Washburn and Xerxes Avenues, and between
Penn and Queen Avenues would have circuitous routes to gain access to the alleys
S off of 70th Street.
3. Residents were greatly influenced by the cost of alternatives in evaluating the
effectiveness of calming measures.
4. Residents on 69th Street claimed their street, although it is a collector and is
designed to carry high traffic volumes, already has too much traffic and excessive
speeding. Also, it does not have a sidewalk to protect pedestrians.
Alternative Recommendation:
1. Install one -way traffic signs on 70th Street permitting traffic to travel eastbound
between Penn Avenue and Queen Avenue and one -way traffic signs on 70th Street
permitting traffic to travel westbound between Xerxes Avenue and Washburn
Avenue. Also, install No Through Traffic signs on 70 1/2 Street at Penn Avenue
and Xerxes Avenue. These calming measures will be in place on a six -month trial
basis. Before and after traffic counts will be done to evaluate the results. This is
the recommendation of the Community Services Commission.
2. Close 70th Street just west of Xerxes Avenue. Staff for the City of Edina have
recently indicated their opposition to this alternative. Richfield staff will need
additional time to explore if the City of Edina will reconsider its position. The
• Richfield City Council may want to ask the Edina City Council to consider this
request.
3. Explore other traffic calming measures not previously considered.
0 4. Do Nothing. Several residents supported this alternative. AO —a
Discussion /Decision Mode:
There is no urgency in acting on the recommendation of the Community Services
Commission. Council can choose to either accept, reject or refer the issue back to the
Commission for additional study.
Respectfully submitted,
James Prosser
City Ma ager
JDP:ds
Attachments
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CITY OF RICHFIELD
Memorandum
DATE: July 30, 1998
TO: File
FROM: Tom Foley
SUBJECT: 70th Street Citizens Log
Michelle Peterson 7/8/98 The new left turn arrow at 70thNork Avenue is not
having any impact on traffic on 70th Street in Richfield.
Barbara Hartz 7/30/98 Place stop signs at every intersection on 70th
2816 W. 71 st Street Street. It would deter people from using 70th Street.
869 -8015
Kathy Hokans 7/31/98 Asked for comment cards to give to neighbors
2501 W. 70th Street who can't attend the open house. She favors the street
861 -4489 closure but others will be effective, too.
Kay Nelson 7/31/98 (via FAX) Perhaps one of the reasons 70th St. has
6944 Sheridan Avenue so much traffic is that 69th Street is overflowing and turns
Block Captain into the Richfield version of the "Indy 500" on evenings
and weekends. The tarring of the streets have added more
"fun" challenges for speed demons in their pick -ups as
now they can really squeal tires and kick up rocks besides
1 have been awakened 2 nights with this. I have witnessed
the passing of 3 cars at a time on 69th Street by these
"Indy " drivers. Our pets, children and some seniors
wouldn't have a chance.
Carlton F. Johnson 8/3/98 People on 70th Street are crybabies. If they want to
7010 Penn Avenue see lots of traffic, have them live on Penn Avenue like I do.
We get trucks, emergency vehicles and traffic all night
long. The traffic calming measures will make it difficult for
me to get the drugstore and library. I don't have an alley
that accesses 70th Street. I have to enter Penn Avenue
and I can't back out onto Penn any more with all the traffic
Charlie Steffen 8/4/98 He suggested installing speed bumps on 70th
6929 Sheridan Avenue Street similar to ones used on Burnsville streets.
Joan Blais 8/6/98 70th St. did not extend into Edina until Southdale
2617 W. 70th St. Shopping Center was built. Residents didn't cause the
problem, Edina did, so we shouldn't have to pay for it. It
should be a citywide tax. Wants stop signs at all
intersections to discourage through traffic. Suggested one -
way pair of streets with 70 1/2 Street and 70th Street. 70
1/2 St. is unique because it doesn't have cross streets by
the cemetery. The one -way pair of streets would make it
difficult for traffic to go through.
Carleton Johnson 8/31/98 He will be inconvenienced by the proposed one -
7010 Penn Avenue way streets. He will need to use Thomas Avenue and
72nd Street to get to his alley on 70th Street. He is
opposed to being assessed for an improvement that does
not benefit his property. He thinks a sidewalk on 70th St.
would make it safe for pedestrians even though residents
don't want to be assessed for it.
J. B. Fowler 8/31/98 He is concerned that traffic using the alley will not
6916 Penn Avenue be able to travel westbound on 70th Street. Consider
allowing this movement if it is safe from a traffic
standpoint.
Gerald Rasmussen 8/31/98 Concerned that 71 1/2 St. may receive increased
3020 W. 71 1/2 Street traffic. Will report any increases if they occur.
Mary Dingman 8/31/98 Wants 70th Street left as is. She uses the alley off
6932 Washburn Avenue of 70th St. to access her property. A one -way street will
complicate her access.
Jeannette Riegert
6940 Upton Avenue
8/4/98 Called to say the City should do nothing and do not
shift the traffic to other streets. She doesn't want to pay for
any assessment.
Sue Bangston
8/7/98 Wanted people to be aware that funerals use 70
2604 W. 70 1/2 St.
1/2 Street frequently in the summer and fall to get to the
three cemeteries located across from her house. She also
wanted to say that speeding is a concern because there
are no stops between Penn Avenue and Upton Avenue.
She and her neighbors had asked for a stop sign in the
past.
Mark Teien
8/15/98 (Sent via e-mail). ...I am writing to let you know
2313 W. 70th Street
that I am pleased the city is addressing this issue. I live
at 2313 W. 70th St., just two driveways off of Penn. The
traffic around 5:00 p.m. on weekdays becomes quite
congested. The stop sign at Penn causes traffic to build
up. Sometimes it is difficult to exit my driveway when this
occurs. I am very much in favor of any changes that will
ease the excessive traffic problem. I am not concerned
about assessments to my property. The reduced traffic
will produce a quieter neighborhood and create a safer
environment for our children. The benefits far exceed any
monetary amount that will arise. Some of the other
residents were concerned about the costs of the proposed
changes. Some were more expensive than others. I
thought that the idea of having 70th St. being a one way at
both ends was a inexpensive alternative that might solve
our problem. I think that this might be a good first step.
Ideally I would like to see a barricade to 70th St. be put in
by the library but I understand that this is expensive and
that the other residents would be apprehensive about the
costs. Although that would be very effective in reducing
the traffic.
Carleton Johnson 8/31/98 He will be inconvenienced by the proposed one -
7010 Penn Avenue way streets. He will need to use Thomas Avenue and
72nd Street to get to his alley on 70th Street. He is
opposed to being assessed for an improvement that does
not benefit his property. He thinks a sidewalk on 70th St.
would make it safe for pedestrians even though residents
don't want to be assessed for it.
J. B. Fowler 8/31/98 He is concerned that traffic using the alley will not
6916 Penn Avenue be able to travel westbound on 70th Street. Consider
allowing this movement if it is safe from a traffic
standpoint.
Gerald Rasmussen 8/31/98 Concerned that 71 1/2 St. may receive increased
3020 W. 71 1/2 Street traffic. Will report any increases if they occur.
Mary Dingman 8/31/98 Wants 70th Street left as is. She uses the alley off
6932 Washburn Avenue of 70th St. to access her property. A one -way street will
complicate her access.
lG -lo
• Edward N. Frank 8/31/98 Letter ...On 70th Street between Xerxes and Penn
6924 Thomas Avenue there are currently four stop signs in 8 blocks, are these
not adequate, or just being ignored? 1 suspect and have
witnessed the latter.
I suggest that if the "one way" system becomes a reality,
then that same rationale should be applied to all other
east -west streets i.e., 66th thru 76th. Additionally, in order
to preclude future embarrassment to our city, I am sure
that care has been taken to coordinate this scenario with
Federal, State and County agencies. These agencies do
have facilities in the library at 70th & Xerxes and access
would be severely restricted.
It would appear that 1 or 2 families on 70th Street have
instigated a movement to make this street their privatized
road at taxpayers' expense.
Susan Luttenegger 9/11 & 14/98 She built a new house here three years ago.
2819 70 1/2 Street She and her husband have two young children. The four -
year old has almost been hit twice on 70 1/2 Street. She
opposes having more traffic on 70 1/2 Street. A traffic
count was done last year that showed 2,000 cars per day
on 70 1/2 Street. She believes traffic has increased in the
past two years. she wonders if the stop signs on 70th
Street have shifted traffic onto 70 1/2 Street. If the 70th
• Street traffic is shifted over to 70 1/2 Street motorists will
discover it offers a better route than 70th Street with fewer
stop signs and cross streets. They will speed and not want
to go back to using 70th Street. She suggested speed
bumps on 70 1/2 Street. I advised her that they do not
work well in cold weather for maintenance and antagonize
motorists.
Joan Perry 9/14/98 She runs a day care out of her home. Three
6921 Xerxes Avenue accidents have occurred on Xerxes Avenue as people
speed down a hill from either direction. She opposes 70th
Street traffic calming because it will add to the traffic on
70th Street. She had asked for the speed wagon to be
placed on Xerxes but it hasn't been out yet.
Tom Luttenegger 9/14/98 He moved here about three years ago. He liked it
2819 70 1/2 Street because it had very little traffic. He counted that 70 1/2
Street had 14 driveways on it compared to 4 on 70th
Street. Cars speed down a hill eastbound on 70 1/2 Street.
He is opposed to having more traffic on 70 1/2 Street.
Angela Aylward 9/14/98 She opposes calming traffic on 70th Street
2915 70 1/2 Street because it will not benefit 70 1/2 Street. There was a traffic
count done last year on 70 1/2 Street. Check to see what it
was. She thought it indicated 2,000 cars per day on 70 1/2
• Street.
Curt Provo 9/14/98 He opposes diverting traffic onto 70 1/2 Street.
2418 70 1/2 Street Seventieth St. used to be a through street before 1 -35W
was built and it is real handy to get to and from the
• businesses in Edina. People are encouraged to speed on
70 1/2 St. because it has few cross streets. He
sympathizes with the people on 70th St. He can hear the
cars as they stop and start through the stop signs on 70th
Street at Queen Avenue.
Elaine Wetsch 9/15/98 She believes traffic will be diverted to 69th Street.
6901 Queen Avenue It will overload 69th Street. There are families with children
on 69th Street. Traffic travels at excessive speeds on 69th
Street already. She asked that an origin- destination study
before any changes are made on 70th Street.
Mrs. Dahlman 9/15/98 Edina businesses caused this problem and
2832 70 1/2 Street Richfield does not benefit from them. She is not happy
with the plan for 70th Street. Once drivers use 70 1/2
Street, they will discover that it is a better route than 70th
Street. Traffic speeds down the hill on 70 1/2 Street. Large
semi trucks from Edina use it even though there is a No
Trucks sign by Xerxes Avenue. A traffic count last year
showed 2,000 cars per day on the street. Do traffic counts
now before any changes are made. We have a lot of
funerals that park cars on both sides of 70 1/2 Street and
the people walk in the street to enter the cemetery.
Ms. Joanne Blanchard 9/16/98 She is opposed to the plan for 70th Street.
6936 Washburn Avenue Washburn and Xerxes Avenues haven't been designed to
• carry lots of traffic. She has children who will play on the
streets. 70th Street and 69th Streets are wider than
Washburn and Xerxes Avenues.
Mr. Bernie Bernauer 9/16/98 He has lived here for 24 years. His grandchildren
3001 70 1/2 Street play here. He opposes the plan for 70th Street. There are
a lot of cars parked on the street now that would pose a
danger with more traffic. Cars park on both sides of the
street by the Jewish Cemetery. He wondered if we could
contact the Jewish Community to get their views on the
proposal. There are few cross streets on 70 1/2 Street and
drivers would be encouraged to speed.
Denise Sutlief 9/17/98 She is concerned that traffic shifted from 70th
6901 Sheridan Avenue Street will be on 69th Street which already has excessive
speeding especially for traffic coming from Edina. They
come down the hill from Edina going at 40 to 50 miles per
hour. I have seen children nearly hit by cars on 69th
Street. The speeding appears to be the worst from 4:30 to
6:00 P.M. during the week. It's not as bad on weekends.
She would like to see stepped up speed enforcement. The
increased traffic from 70th Street will only make speeding
on 69th Street worse.
Carol Dahl 9/17/98 The proposed plan is a mess. Visibility is
411 2823 W. 70 1/2 Street obstructed on 70 1/2 street at Penn Avenue by the corner
lot to the north and by the cemetery to the south. In winter
this intersection is very slippery. I use 70th Street a lot
especially in the winter because it is safer than 70th Street
when l am traveling to the east.
11
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Teresa Dougherty 9/23/98 She just purchased her house on 70 1/2 Street
2508 70 1/2 Street because it is a quiet street. She has four children. Cars
speed now. She is concerned about more cars on 70 1/2
Street. Neighbors tell her it was quieter before stop signs
were added on 70th Street. She opposes the plan to calm
traffic on 70th Street.
David R. Cramer
9/21/98 Letter -I am writing to express my concern about
Senior Administrative Manager
the proposed redistribution of traffic along the 70th Street
Hennepin County Library, 12601
corridor. In particular, I object to the plan of making 70th
Ridgedale Drive
Street one -way westbound between Washburn and
Minnetonka, MN
Xerxes. This change would certainly be an inconvenience
to citizens who are coming to the Hennepin County
Library, or to the other County services provided at that
location.
Consequently, in order to keep travel along 70th Street as
efficient as possible, I encourage you to keep it a two -way
street.
CITY OF RICHFIELD, MINNESOTA
Council Letter No. 249
Agenda September 28, 1998
Issue Statement:
Setting date of public hearing for a new on -sale and Sunday liquor license for
Fred Babcock V.F.W., 6401 Lyndale Avenue.
Background:
The 1998 on -sale liquor license for Fred Babcock V.F.W. Post #5555, 710
Lakeshore Drive, will expire when they move to their temporary location at 6401
Lyndale Avenue. Licenses are issued to the location only, and they will need to
apply for a new license at the new location.
Recommended Motion:
Schedule October 12, 1998 as the date to hold the public hearing on the request
for an on -sale and Sunday liquor license for Fred Babcock VFW Post #5555,
6401 Lyndale Avenue.
Basis for Recommendation:
• 1. The public hearing must be scheduled and held before a license request may
be considered.
2. The process has been initiated.
3. Holding the public hearing on October 12, 1998 will provide ample time to
complete the licensing process.
Alternative Recommendation:
1. Schedule the hearings for another date; however, this may delay the
licensing process.
Discussion /Decision Mode:
Action to schedule the public hearing on October 12, 1998, for Fred Babcock
V.F.W., 6401 Lyndale Avenue, will provide sufficient time for legal publication of
the hearing.
Respectfully submitted,
James . Prosser
is City Manager
JDP:cak
CITY OF RICHFIELD, MINNESOTA f
Council Letter No. 248 /
Agenda September 28, 1998
is Issue Statement:
First reading of an ordinance relating to rules of Council procedure amending
subsections 205.05, 205.09 and 205.13 of the Richfield City Code and consideration of
a resolution adopting rules of procedure and decorum for City Council meetings.
Background:
In 1992, the City Council directed staff to investigate options for rules of procedure and
decorum for the guidance in the conduct of Council and Commission meetings. The
City Council passed Resolution No. 7885 on June 8, 1992 adopting rules of procedure
and decorum for a trial period. The rules provided for parliamentary procedures to be
governed by the Sturgis Standard Code of Parliamentary Procedure.
The City Attorney has reviewed the rules of procedure adopted at that time and
provided a proposed draft resolution for Council consideration. The proposed
resolution includes a few modifications from the 1992 resolution so that it conforms to
Council's practice. The City Attorney has also prepared a proposed ordinance
amendment that would provide for the adoption of the rules of procedure and decorum.
The City Council has been operating for the past six years under these rules on a trial
basis and it would be appropriate to consider adoption of the updated resolution and
the recommended ordinance amendments at this time.
Recommended Motion:
To approve first reading of an ordinance relating to rules of Council procedure
• amending subsections 205.05, 205.09, and 205.13 of the Richfield City Code and to
schedule the public hearing and second reading of the ordinance and consideration of a
resolution to adopt the rules of procedure for the October 26, 1998 City Council
meeting.
Basis of Recommendation:
1. The rules of procedure and decorum provide an outline of appropriate measures for
conduct of Council meetings.
2. The Council previously adopted rules of procedure and decorum on a trial basis.
3. The City Attorney recommends adoption of the proposed ordinance amendment
and updated resolution.
Alternative Recommendation:
1. The Council may decide not to adopt the proposed rules of procedure and
decorum.
2. The Council may decide to modify the proposed rules of procedures and decorum.
Discussion /Decision Mode:
This item is scheduled for first reading for September 28, 1998. If approved, a public
hearing and second reading will be scheduled for October 26, 1998.
Respectfully submitted,
Jam . Prosser
City nager
JDP:cak
• BILL NO. 1998-
jq-1
AN ORDINANCE RELATING TO RULES OF COUNCIL
PROCEDURE; AMENDING SUBSECTIONS 205.05, 205.09
and 205.13 OF THE RICHFIELD CITY CODE
THE CITY OF RICHFIELD DOES ORDAIN:
Section 1. Subsection 205.05 of the Richfield City Code is amended to read as
follows:
205.05. Order of business. At the hour appointed for the meeting the
members shall be called to order by the mayor. The clerk shall note the
absentees. If a quorum is present the council shall then proceed with its
business.
/h\ nUhlin heaFaRgs inn' Jinn errdkianne hearinivc
t°T " theF n� �hI -prn�nv appeaFaRGer�
/id\ nrenec ed eridinannesj
e
te\ annreyal of min t esof nrey�ieav rm eeti nrg , •
• /f\ rese' tiei s; aPA
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P•
b �c uvfinmes r"c$ .
The items of business and order of business shall be determined from time
to time by resolution of the council.
Sec. 2. Subsection 205.09, subdivision 1 of the Richfield City Code is amended to
read as follows:
Subdivision 1. Contents. The manager shall prepare an agenda for each
regular meeting. The agenda shall include the items set feFth OR subseGtie
205.05 of business as determined from time to time by resolution of the
council.
Sec. 3. Subsection 205.09, subdivision 2 of the Richfield City Code is amended to
read as follows:
Subd. 2. Completion of agenda: deadline. The agenda for any
regular meeting shall be compiled and completed by 4:30 p.m. on the
Thur-sday Friday preceding a meeting. Matters of an emernennv nat ire net
GOURG
net be emr, at me Hive+ .mot ��ihinh they ere
„ o��- �e�aF�2d— a�— a6�iAR— I���t�l'— .,T�e�l„g� �G
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• ir-edtrced. The council may by resolution establish rules for considering
items not appearing on the agenda, including items brought to the Council's
attention by members of the general public.
Sec. 4. Subsection 205.13, subdivision 2 of the Richfield City Code is amended to
read as follows:
Subd. 2. Special rules. The following special rules apply to council
procedure:
(a) a member may be excused from voting on a matter properly
before the council only with the unanimous consent of the other members
present, unless the member is required by law to abstain from voting;
(b) a motion before the council shall be reduced to writing by the
clerk at the request of any council member; and
(c) such other special rules as may be adopted by ordinance or
resolution as the council from time to time deems necessary.
Sec. 5. Subsection 205.13, subd. 3 of the Richfield City Code is amended to read
• as follows:
Subd. 3. General rules. Except as otherwise provided in this code
or in rules of procedure adopted from time to time by resolution of the
council, council parliamentary procedure is governed by the latest printed
edition of `°ebert's- -°ales of Q -M-ee' "Sturgis Standard Code of
Parliamentary Procedure."
Adopted by the City of Richfield this day of
ATTEST:
Thomas P. Ferber, City Clerk
0
1998.
Martin J. Kirsch, Mayor
is RESOLUTION NO. N-3
RESOLUTION ADOPTING RULES OF PROCEDURE AND DECORUM
FOR CITY COUNCIL MEETINGS
WHEREAS, it is appropriate for the City Council to establish rules of procedure
and decorum for council meetings and Board and Commission meetings; and
WHEREAS, the Richfield City Code, section 205.13, subd. 2(c) provides that the
City Council may adopt such special rules by ordinance or resolution from time to time as
necessary; and
WHEREAS, the City Council has determined that it is appropriate to adopt these
special rules of procedure and decorum.
NOW, THEREFORE, BE IT RESOLVED by the Mayor and City Council of the City
of Richfield, as follows:
1. The attached rules of procedure and decorum are hereby established
2. These rules shall remain in effect until modified by resolution of the City
Council.
3. These rules shall be interpreted, wherever possible, so as to be consistent with
the rules set forth in the City Code. In the case of any irreconcilable conflict
between these rules and the rules in the City Code, the rules in the City Code
shall prevail.
Adopted by the City Council of the City of Richfield this day of
1998.
ATTEST:
Thomas Ferber, City Clerk
0
Martin J. Kirsch, Mayor
RULES OF PROCEDURE AND DECORUM lq-q
CITY COUNCIL MEETINGS
RICHFIELD, MINNESOTA
SECTION 1. PURPOSE
Subd. 1. General. It is recognized that in order to enhance the concept of
effective and democratic government, it is essential that a legislative
body establish formal rules of procedure and decorum so that a true
deliberative process will be observed and not disturbed.
SECTION 2. GENERAL
Subd. 1. Law. The City Charter, Ordinances and State Statutes governing the
City Council shall be followed and supplemented by the Rules of
Procedure and Decorum of the City Council.
Subd. 2. General Rules. In all matters of parliamentary procedures, the Council
shall be governed by the latest printed edition of the STURGIS
STANDARD CODE OF PARLIAMENTARY PROCEDURE as
published from time to time except as modified by these rules and the
rules set forth in Section 205 of the City Code.
SECTION 3. PRESIDING OFFICER.
Subd. 1. Who Presides. The Mayor shall preside at all meetings of the Council.
In the absence of the Mayor, the Mayor Pro Tern shall preside. The
presiding officer shall have the power to preserve strict order and
decorum at meetings, enforce the rules of procedure, and determine
without debate, subject to the final decision of the Council on appeal,
all questions of procedure and order.
Subd. 2. Appeal of the Ruling of the Presiding Officer. Any member of the
Council may appeal from a ruling of the presiding officer. If the appeal
is seconded, the member may speak once solely on the question
involved and the presiding officer may explain the ruling, but no other
Council Member shall participate in the discussion. The appeal shall
be sustained if it is approved by a majority vote.
Subd. 3. Rights of the Presiding Officer. The presiding officer may speak on
0 any question and make motions and second motions.
lq--5,
SECTION 4. AGENDA
Subd. 1. Matters for Consideration Matters for Council action shall be
submitted by members of the Council and residents to the City
Manager.
Subd. 2. Preparation. An agenda of business for each regular meeting shall be
prepared in the office of the City Manager and copies thereof delivered
to each Council Member as far in advance of the meeting as time for
preparation will permit.
Subd. 3. Order of Business at Regular Meetings. At the hour appointed for the
regular meeting of the City Council, the meeting shall be called to
order by the presiding officer. If a quorum is present, the City Council
shall then proceed with its business in the following manner:
(a)
(b)
(c)
(d)
(g)
(h)
(i)
U)
(k)
approval of minutes of previous meeting;
presentations;
public comment opportunity;
agenda approval;
consent calendar;
public hearings, including ordinance hearings;
proposed ordinances;
resolutions;
administrative reports;
correspondence; and
other business.
Subd. 4. Varying Order of Business. The presiding officer may vary the order of
business.
Subd. 5. Consent Agenda. In the preparation of the agenda for a meeting, the
City Manager may place certain items of business on a consent
calendar. A member of the Council wishing to remove any item from
the consent calendar may do so at the time that the consent calendar
is reached on the general Council agenda. Any item removed from
the consent calendar shall become one of the regular agenda items of
the meeting and shall be taken up after the consent calendar. All
items not so removed from the consent calendar may be passed by a
single, non - debatable motion. Matters proposed by the City Manager
for the consent agenda shall be those that the Manager deems to be
of a routine, non - controversial nature.
•
Subd. 6. Items Not on the Agenda. The Council may consider items not
appearing on the agenda as normal business if a Council Member
/q---(o
does not raise an objection. If a Council Member raises an objection,
a vote of the majority of the Council Members present shall determine
the appropriateness of further consideration of the matter at that time.
The Council may not take action on any item that requires public
notice or hearing.
Subd. 7. Public Participation Members of the public may address the City
Council during:
(a) Public hearings.
(b) Public comment opportunity. The agenda for each regular
Council meeting shall include an opportunityfor members of the
general public to appear and make comment to the Council on
matters not appearing on the printed agenda. The City Council
may by majority vote limit this portion of the meeting to thirty
minutes. Individuals shall be requested to limit their individual
comments to four minutes or less. Matters commented upon
during this period are not required to be considered as action
items at the meetings at which they are introduced.
(c) Specific issues scheduled on the agenda, other than public
hearings, if no Council Member raises an objection. If a Council
Member raises an objection, a vote of the majority of Council
Members present shall determine the appropriateness of
accepting public comment on the matter under consideration.
SECTION 5. VOTING
Subd. 1. Procedure. The votes of the members on any ordinance, resolution or
motion pending before the Council shall be by voice vote, unless the
Mayor or any Council Member requests that a roll call vote be taken.
The presiding officer shall call for a roll call vote whenever a voice vote
of the Council is not clear as to the disposition of the action before the
Council.
Subd. 2. Abstention. A Council Member may be excused from voting on a
matter properly before the council only with the unanimous consent
of the other members present, unless the Member is required by law
to abstain from voting. The Council Member must announce the
Member's intention to abstain prior to the vote being taken. The
clerk shall record the abstention as "Abstain— name."
•
r
Subd. 3. Voting Order for Roll Call. The Secretary to the Council shall call for
the vote in consecutive order of wards. The presiding officer shall
always vote last.
SECTION 6. RULES OF DECORUM
Subd. 1. Council. While the Council is in session, the members must preserve
order and decorum, and a member shall neither, by conversation or
otherwise, delay or interrupt the proceedings or the peace of the
Council nor disturb any member while speaking or refuse to obey the
orders of the presiding officer.
Subd. 2. Recognition. No person or member of the Council shall address the
Council without being recognized by the presiding officer.
Subd. 3. Discussion. At the request of any Council Member or the Mayor,
Council discussion shall be limited as provided in this subdivision.
When the rules of this subdivision are invoked, no member of the
Council shall speak more than twice on any question, nor more than
five minutes each time without consent of the Council.
• Subd. 4. Staff. Members of the City staff shall observe the same rules of order
and decorum as are applicable to the City Council.
Subd. 5. Pertinent to Matter Under Debate. Members of the Council, staff and
public shall confine remarks to the matter under debate.
Subd. 6. Addressing the Council. Each member of the public addressing the
Council shall step up to the microphone provided for the use of the
public after being recognized by the presiding officer and give his /her
name and address in an audible tone of voice for the records, state the
subject to be discussed, and state who the speaker is representing if
representing an organization or other persons. All remarks shall be
addressed to the Council as a whole and not to any member thereof.
No person other than members of the Council and the person having
the floor shall be permitted to enter into any discussion, either directly
or through a member of the Council, without permission of the
presiding officer. No question may be asked a Council Member or a
member of the staff without the permission of the presiding officer.
The presiding officer may impose a four - minute time limit on remarks
by speakers, whenever in the presiding officer's judgment, a time limit
is necessary in order to expedite the progress of the meeting or
ensure the opportunity for other speakers to be heard. The City
Council may by majority vote extend the time limit imposed by the
presiding officer.
• IN -8
Subd. 7. Spokesman for Group of Persons. In order to expedite matters and to
avoid repetitious presentations, whenever any group of persons
wishes to address the Council on the same subject matter, it shall be
proper for the presiding officer to request that a spokesperson be
chosen by the group to address the Council and, in case additional
matters are to be presented by any other member of said group, to
limit the number of such persons addressing the Council.
Subd. 8. After Motion. After a motion has been made or a public hearing has
been closed, no member of the public shall address the Council from
the audience on the matter under consideration without first securing
the permission to do so by a majority vote of the City Council.
Subd. 9. Conduct Any member of the Council, staff or person indulging in
personalities or making impertinent, slanderous, or profane remarks or
who willfully utters loud, threatening or abusive language, or engages
in any disorderly conduct which would impede, disrupt, or disturb the
orderly conduct of any meeting, hearing or other proceeding, shall be
called to order by the presiding officer and, if such conduct continues,
may at the discretion of the presiding officer, be ordered barred from
further audience before the Council during that meeting.
Subd. 10. Members of the Audience. No person in the audience shall engage in
disorderly conduct such as hand clapping, stamping of feet, whistling,
using profane language, yelling, and similar demonstrations, which
conduct disturbs the peace and good order of the meeting.
SECTION 7. ENFORCEMENTS OF DECORUM
Subd. 1. Warning. All persons shall, at the request of the presiding officer, be
silent. If, after receiving a warning from the presiding officer, a person
persists in disturbing the meeting, said officer may order the person
removed from the meeting. If the person does not remove
himself /herself, the presiding officer may order that the Sergeant -at-
Arms remove the person.
Subd. 2. Sergeant -at -Arms The Public Safety Director, or such member or
members of the police department, shall be Sergeant -at -Arms of the
Council meetings. The Public Safety Director or such member or
members of the police department shall carry out all orders and
instructions given by the presiding officer for the purpose of
maintaining order and decorum at the Council meeting. Upon
instruction of the presiding officer it shall be the duty of the Sergeant-
at -Arms to remove from the meeting any person who intentionally
disturbs the proceedings of the Council.
Subd. 3. Resisting Removal. Any person who resists removal by the Sergeant -
at -Arms may be charged with violating City Ordinance.
Subd. 4. Motions to Enforce. Any Council Member may move to require the
presiding officer to enforce these rules and the affirmative vote of a
majority of the Council shall require the presiding officer to do so.
Subd. 5. Adjournment In the event that any meeting is willfully disturbed by a
person or group of persons so as that orderly conduct of the meeting
is not feasible, and when order cannot be restored by the removal of
individuals who are creating the disturbance, the meeting may be
adjourned with the remaining business considered at the next regular
meeting or at a special meeting called by the presiding officer.
SECTION 8. WORKSHOP MEETINGS
Subd. 1. General. The regular meeting of the City Council that is held on the
first Monday of each month shall be a workshop meeting. Additional
workshop meetings of the City Council may be held at the call of the
Mayor. No official Council action will be taken at workshop meetings.
Subd. 2. Rules of Procedure and Decorum. The Rules of Procedure and
Decorum of the City Council shall be observed in workshops so far as
they are applicable.
SECTION 9. CAMERA AND RECORDING DEVICES
Subd. 1. Use of Cameras and Recording Devices Limited. Cameras, including
television and motion picture cameras, electronic sound recording
devices and any other mechanical, electrical or electronic recording
devices may be used in the Council Chamber, but only in such a
manner as will cause a minimum of interference with or disturbance of
the proceeding of the Council.
SECTION 10. SEPARABILITY
Subd. 1. General. If any section, subdivision, sentence, clause, phrase or
portion of these Rules of Procedure and Decorum is for any reason
held invalid or unconstitutional by any court of competent jurisdiction,
such portion shall be deemed a separate, distinct and independent
provision and such holding shall not affect the validity of the remaining
portions thereof.
CITY OF RICHFIELD, MINNESOTA
Council Letter No. 247 /3
• Agenda September 14, 1998
Issue Statement:
Application for lawful gambling license for Fred Babcock VFW Post #5555, 6401
Lyndale Avenue.
Background:
On August 10, 1998, the VFW submitted an application for a premises permit
application for their lawful gambling license. The application requests renewal for their
bingo and pulltab operations at their new temporary location at 6401 Lyndale Avenue.
The applicant is proposing to conduct bingo on Sundays from 2 p.m. to 5 p.m. The
pulltabs would be conducted in conjunction with the bingo operation.
The Public Safety Department has conducted the required background investigation
and has determined that the applicant has complied with all requirements. In addition,
the gambling manager, Mr. Charles Thyr, has no known criminal record.
Finally, the applicant is requesting the $100 investigation fee be waived.
Richfield City Code 1100.13 requires the Public Safety Department to review the
request for the gambling license and make its review and recommendation to the City
Council.
Recommended Motion:
Staff recommends that the Council pass a resolution approving the gambling activity
• requested by the applicant in accordance with Richfield City Code 1100. 13, Subd. 6.
Staff further recommends that the Council waive the investigation fee.
Basis of Recommendation:
1. The applicant has complied with the State Statutes and City code pertaining to
lawful gambling.
2. The applicant has submitted the request within 60 days of the renewal of the
license.
•
3. The applicant has demonstrated that the gambling activity requested is a benefit
to the community.
Alternative Recommendation:
1. The Council could pass a resolution specifically disapproving the renewal request;
however, staff has determined that there is no basis for this alternative.
2. The Council could decide to not waive the investigation fee.
Discussion /Decision Mode:
Approve the renewal of Fred Babcock VFW Post #5555's lawful gambling application
and a request for waiver of the investigation fee.
Respectfm,11ysubmitted,
James I
City Ma
JDP:cak
• RESOLUTION NO.
RESOLUTION AUTHORIZING THE FRED BABCOCK VFW POST #5555 TO
CONDUCT LAWFUL GAMBLING
WHEREAS, the Fred Babcock VFW Post #5555 has submitted an application for
renewal of their lawful gambling license; and
WHEREAS, the application requests renewal for their bingo and pulltab
operations; and
WHEREAS, the Minnesota State Statute Section 349.213 provides authority for
review of applications by local authorities; and
WHEREAS, Section 1100.13 of the Richfield City Code provides regulation of
lawful gambling; and
WHEREAS, the Department of Public Safety has completed an investigation of
the application and finds the application to be in order.
• NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the City of
Richfield, Minnesota, as follows:
1. That a lawful gambling license be granted to the Fred Babcock VFW Post
#5555, 6401 Lyndale Avenue.
2. The investigation fee of $100.00 be waived.
Adopted by the City Council of the City of Richfield, Minnesota this 28th day of
September, 1998.
ATTEST:
Thomas P. Ferber, City Clerk
•
Martin J. Kirsch, Mayor
CITY OF RICHFIELD, MINNESOTA
Council Letter No. 246
Agenda September 28, 1998
Issue Statement:
Adopt resolution regarding findings of fact granting approval of front yard setback and
lot coverage variances for 6600 James Avenue.
Background:
On July 28, 1998, the Hearing Examiner denied front yard setback and lot coverage
variances for 6600 James Avenue. The applicant appealed the decision to the Board of
Adjustment and Appeals. On September 14, 1998, the City Council, acting as the
Board of Adjustment and Appeals, reversed the Hearing Examiner's decision and
granted the variance. The Council directed staff to prepare findings of fact for the
granting of the variance.
Recommended Motion:
Adopt resolution regarding findings of fact granting an appeal to the Board of
Adjustment and Appeals to approve front yard setback and lot coverage variances for
6600 James Avenue.
• Basis of Recommendation:
1. The City Council directed staff to prepare findings of fact.
2. The Zoning Ordinance requires that the Board of Adjustment and Appeals adopt
written findings.
Alternative Recommendation:
Adopt revised findings of fact.
Discussion /Decision Mode:
This item is scheduled on the City Council agenda for September 28, 1998.
Respectfully submitted,
Jame D. Prosser
City Manager
JDP:ds
•
. RESOLUTION NO.
RESOLUTION GRANTING AN APPEAL TO THE BOARD OF ADJUSTMENT AND
APPEALS OF A DECISION MADE BY THE HEARING EXAMINER
Be it resolved by the Board of Adjustment and Appeals of the City of Richfield,
Minnesota as follows:
I. The Board of Adjustment and Appeals hereby makes the following
findings of fact:
10. The existing house is approximately 70 feet by 35 feet for a total building envelope
FINDINGS OF FACT
1.
The City of Richfield (the "City ") regulates, by ordinance, building setback and lot
12.
coverage.
2.
The primary source of such regulations is contained in Appendix B of the Richfield
13.
City Code which establishes zoning regulations such as setback and lot coverage
for residential property.
3.
On or about June 2, 1998 the City received an application from Al D. Keenan (the
"Applicant "), 6600 James Avenue, requesting variances to residential building
•
setback and lot coverage regulations in order to construct a garage addition.
4.
The Applicant requested a setback variance to allow construction of a 12 foot by
•
23.6 foot garage addition, for a total area of 283 square feet, 17 feet from the front
15.
property line where 30 feet is required.
5.
The front of the property is on James Avenue, an unconstructed street.
6.
The front of the house is oriented to 66th Street, a major arterial and County road.
7.
The existing house is located approximately 20 feet from the streetside property
line (66th Street), 30 feet from the front property line (James Avenue), five feet
from the interior side property line (Monroe Park) and 12 feet from the rear
property line.
8.
The Applicant requested a lot coverage variance that would result in a lot
coverage of 2,748 square feet where 2,500 square feet is the maximum allowed.
9.
6600 James Avenue is a lot 60 feet by 135 feet with a lot area of 8,155 square
feet.
10. The existing house is approximately 70 feet by 35 feet for a total building envelope
of 2,460 square feet.
11.
The one - and -a -half story house has 3,520 square feet with a 20 by 20 foot garage.
12.
On July 21, 1998 the Hearing Examiner conducted a public hearing on the
variance request.
13.
At the hearing, the Applicant stated that the design of the garage would be
consistent with the design of the house.
14.
At the hearing, the Applicant stated that he has a niece living with him who has a
fatal disease that makes it difficult for her to be out in the cold and to maneuver in
•
small spaces. The Applicant stated that he was requesting the additional garage
space to give her room to park her car inside and to have room to maneuver in
and out of the car.
15.
The Applicant submitted a letter to staff, written by Dr. Arnold Schroeter,
explaining that the Applicant's niece suffers from chronic sclerodermatomyositis
and mixed connective tissue disease and that exposure to the cold exacerbates
her condition.
16. On or about July 28, 1998 the Hearing Examiner published a written decision
denying the variance requests.
17. On or about August 13, 1998 the City received a written request (the "Appeal') to
the Board of Adjustment and Appeals (the "Board ") to consider an appeal of the
decision of the Hearing Examiner.
18. The Appeal came before the Board for review and action on September 14, 1998.
Following a public hearing, the Board voted to grant the appeal and thereby
approve the variance requests.
II. The Board hereby makes the following conclusions:
CONCLUSIONS
1. There is an undue hardship that denies the applicant reasonable use of the
property. The large house currently has a small (20 feet wide) two car garage. It
is reasonable for a house this size to have a larger garage. The Applicant has a
family member with health issues that make it difficult for her to be in the cold to
access a car and make it difficult for her to maneuver in the existing small garage.
2. There are unique circumstances related to the property. The front of the property
is oriented to James Avenue, which is an unconstructed street; therefore, a front
•
yard setback on James Avenue is unnecessary. The property is located on 66th
Street, a County road with high traffic counts reducing the outside livability of the
property thereby reducing the need for private yard space. The property is located
adjacent to a park which also reduces the need for private yard space.
3. There will be no adverse impacts on the neighborhood. The garage would be
designed to match the design of the existing house.
4. The variance requested is the minimum variance necessary to alleviate the undue
hardship. The proposed garage is 12 feet by 23.6 feet, a minimum size for a
single stall garage.
III. Based upon the foregoing, the Board hereby makes the following decision:
DECISION
The appeal of the decision by the Hearing Examiner to deny front yard setback
and lot coverage variances for 6600 James Avenue is hereby in all respects
APPROVED.
Adopted by the City Council of the City of Richfield, Minnesota this 28th day of
September, 1998.
• ATTEST:
Thomas P. Ferber, City Clerk
Martin J. Kirsch, Mayor
CITY OF RICHFIELD, MINNESOTA
Council Letter No, 245
Agenda September 28, 1998
Issue Statement:
Continued consideration of a resolution authorizing temporary use of public right -of -way
by Gramercy Corporation.
Background:
Gramercy Corporation is requesting temporary use of public right -of -way during the
construction period of Gramercy Park Cooperative at 710 Lake Shore Drive. A public
"walkway" is located to the west of 710 Lake Shore Drive. Improvements were never
made to the walkway. Gramercy would use the walkway during construction.
There are trees and brush located in the walkway. Gramercy does not plan to remove
trees in the walkway; however, trees may be damaged unintentionally by construction
activity. Any trees damaged during construction will be replaced.
Approval of the resolution would authorize the City to sign an agreement with Gramercy
to allow them use of the walkway for 18 months.
A draft of the agreement is attached for the City's Council's information.
Recommended Motion:
Approve a resolution authorizing the City to sign an agreement with Gramercy
• Corporation for use of the public right -of -way located to the west of 710 Lake Shore
Drive.
Basis of Recommendation:
1. Gramercy needs to use the area during construction of the Gramercy Park
Cooperative.
2. Gramercy will make every effort to preserve the trees and brush located in the
walkway. Any trees that are damaged will be replaced.
3. The agreement holds the City harmless from liability for Gramercy's actions during
the 18 -month construction period.
Alternative Recommendation:
Deny Gramercy temporary use of the right -of -way during construction.
Discussion /Decision Mode:
Consideration of this item was scheduled on the City Council agenda for September 14,
1998 and was continued to September 28, 1998.
Respectfully submitted,
Jame Prosser
City ager
JDP:cak
• RESOLUTION NO.
RESOLUTION AUTHORIZING TEMPORARY OCCUPANCY AGREEMENT
WHEREAS, Gramercy Corporation ( "Gramercy ") is the fee owner of the real
estate located at 710 Lake Shore Drive and which is legally described on Exhibit A,
attached hereto and incorporate herein ( "VFW Site ")'; and
WHEREAS, pursuant to Section 13.05 of its City Charter, CITY is empowered to
vacate any street or alley or part thereof located within the City; and
WHEREAS, Lake View Walk was dedicated to the public as a public way in the
plat of Fairwood Shores, according to the plat thereof on file in the Office of the
Registrar of Titles in and for Hennepin County, Minnesota; and
WHEREAS, a portion of Lake View Walk lies between Lot 18, Block 3 of
Fairwood Shores and Lot 19, Block 3 of Fairwood Shores ( "Lake View Walk "); and
WHEREAS, Gramercy and the Housing and Redevelopment Authority in and for
the City of Richfield ( "HRA ") propose to have or have entered into a Contract for Private
. Redevelopment ( "Redevelopment Contract ") under which Gramercy has agreed or
proposes to agree to purchase certain real estate interests ( "Additional Properties ")
from the HRA and redevelop the VFW Site and the Additional Properties in accordance
with the terms and conditions of the Redevelopment Agreement; and
WHEREAS, Gramercy has requested that the HRA and CITY as the case may
be, extinguish or suspend the rights and ownership interests, if any, of any other party
in Lake View Walk during an 18 -month period commencing upon the date upon which
Gramercy is deeded the Additional Interests, and grant to Gramercy the right to use
and occupy Lake View Walk during said 18 -month period in connection with Gramercy's
redevelopment of the VFW Site pursuant to the Redevelopment Agreement; and
WHEREAS, the HRA has undertaken to acquire a temporary easement
encumbering the rights, if any, of Jean Elizabeth Davis in and to Lake View Walk in an
eminent domain proceeding relating to the Additional Interests in Hennepin County
District Court File No. CD -2508, and to assign such rights to Gramercy; and
WHEREAS, Gramercy has requested CITY to grant Gramercy the right to
temporarily occupy Lake View Walk in accordance with the terms and conditions of the
Temporary Occupancy Agreement.
NOW, THEREFORE, BE IT RESOLVED that the City Council hereby authorizes
• the Mayor and City Manager to execute a Temporary Occupancy Agreement on behalf
of the City of Richfield with Gramercy Corporation to permit temporary occupancy of
Lake View Walk in the plat of Fairwood Shores, to facilitate performance by Gramercy
1 /-a- • Corporation of the Contract for Private Redevelopment with the Housing and
Redevelopment Authority in and for the City of Richfield in accordance with the
provisions of the Temporary Occupancy Agreement on file with the City Clerk.
Adopted by the City Council of the City of Richfield, Minnesota this 28th day of
September, 1998.
ATTEST:
Thomas P. Ferber, City Clerk
•
•
Martin J. Kirsch, Mayor
C]
Property Address: 710 Lake Shore Drive
Legal Description:
EXHIBIT A
//--3
Lots 19, 20, 21, 22 and that part of Lot 23 described as follows: Commencing at a point in
the South line of Lot 23, distant 75 feet westerly from Southeast corner thereof, thence
West to Southwest corner thereof, thence North to Northwest corner thereof, thence
easterly to Northeast corner thereof, thence southerly along the southeasterly line thereof
to a point 44 feet northerly from Southeast corner thereof, thence northwesterly 64 4/10
feet to a point 78 4/10 feet northeasterly from beginning; thence southwesterly to
beginning.
•
CJ
0
•
•
Temporary Occupancy of Walkway
Gramercy Park Cooperative Construction
;Ce
,;,0 op, z
710 Lake Sjiore Drive
Unbuilt Public Walkway
Alley to be temporarily closed
HRA-owned properties: location of temporary access
/I- `f
50 0 50 100 Feet
ZCD
August 28, 1998
AT
40 TEMPORARY OCCUPANCY AGREEMENT //,5—
THIS AGREEMENT, dated this day of 1998, is by and
between CITY OF RICHFIELD, a Minnesota municipal corporation, having its principal
place of business at 6700 Portland Avenue South, Richfield, Minnesota ( "CITY ") and
GRAMERCY CORPORATION, a Minnesota corporation, having its principal place of
business at
( "GRAMERCY ").
I. RECITALS
1.01 Gramercy is the fee owner of the real estate located at 710 Lake Shore
Drive and which is legally described ors Exhibit A, attached hereto and incorporated
herein ( "VFW Site ").
1.02 Pursuant to Section 13.05 of its City Charter, CITY is empowered to
vacate any street or alley or part thereof located within the CITY.
1.03 Lake View Walk was dedicated to the public as a public way in the plat of
Fair Wood Shores, according to the plat thereof on file in the Office of the Registrar of
Titles in and for Hennepin County, Minnesota.
1.04 A portion of Lake View Walk lies between Lot 18, Block 3 of Fairwood
Shores and Lot 19, Block 3 of Fairwood Shores ( "Lake View Walk ").
1.05 GRAMERCY and the Housing and Redevelopment Authority in and for
the City of Richfield ( "HRA') have entered into a Contract for Private Redevelopment
( "Redevelopment Contract ") dated , 1998, under which GRAMERCY
has agreed to purchase certain real estate interests ( "Additional Properties ") from the
HRA and redevelop the VFW Site and the Additional Properties in accordance with the
terms and conditions of the Redevelopment Agreement.
1.06 GRAMERCY has requested that the HP—A. and CITY as the case may,
extinguish or sus yerd the rights and ownership interests, if any, of any other party in
Lake View Walk during an 18 -month period commencing upon the date upon which
GRAMERCY is deeded the Additional Interests, and grant to GRAMERCY the right to
use and occupy Lake View Walk during said 18 -month period in connection with
GRAMERCY'S redevelopment of the 'VFW Site pursuant to the Redevelopment
Agreement.
1.07 HRA has undertaken to acquire a temporary easement encumbering the
rights, if any, of Jean Elizabeth Davis in and to Lake View Walk in an eminent domain
proceeding relating to the Additional Interests in Hennepin County District Court File
No. CD -2508, and to assign such rights to GRAMERCY.
RJIr148774
RC125 -185
)/_(0
1.08 Pursuant to Resolution No. 98- , CITY is willing to grant
GRAMERCY the right to temporarily occupy Lake View Walk in accordance with the
terms and conditions of the Temporary Occupancy Agreement.
II. AGREEMENT
NOW, THEREFORE, in consideration of the premises and their mutual promises,
the receipt and sufficiency of which are hereby acknowledged, CITY and GRAMERCY
hereby agree as follows:
2.01 The recitals contained in paragraphs 1.01 to 11.08 are hereby incorporated
herein.
2.02 CITY hereby agrees that GRAMERCY may occupy Lake View Walk for
a period of 18 months from the date hereof upon satisfaction of the conditions of this
Agreement and so long as the provisions of this Agreement are satisfied.
2.03 As a pre - condition to GRAMERCY'S RIGHT TO ENTER AND USE
Lake View Walk and throughout GRAMERCY'S use and occupancy of Lake View
Walk, GRAMERCY:
(a) Shall indemnify, defend and hold harmless CITY and HRA from
any and all liens, claims, actions, damages, causes of action, costs, disbursements and
attorneys fees which may be made against, arise or which CITY or HRA may be obliged
to incur as a result of GRAMERCY'S entry upon, use or occupancy of Lake View Walk
pursuant to or within 18 months after the date of this Agreement.
(b) Shall obtain a policy of insurance in the face amount of at least
$ insuring CITY and HRA, as their interests may appear, from all liens,
claims, actions, damages, causes of action, costs, disbursements and attorneys fees which
may be made against, or which CITY or HRA may be obligated to incur as a result of
GRAMERCY'S entry upon, use or occupancy of Lake View Walk pursuant to or within
18 months after the date of this Agreement.
(c) Shall provide CITY and HRA with a certificate of insurance
demonstrating the existence of the policy of insurance described in paragraph 2.03 (b)
hereof.
(d) Shall cause, suffer or permit alien, claim or judgment to accrue or
remain against the title of Lake View Walk or any other real estate owned by CITY or
HRA by reason of GRAMERCY'S work or improvements upon Lake View Walk, and
upon notice of the existence of such a lien, claim or judgment, GRAMERCY shall
promptly cause the lien, claim or judgment to be removed as an encumbrance upon Lake
View Walk and all other real estate owned by CITY or HRA.
RJL-148774
RC125 -185 2
•
0
(e) Shall avoid or minimize the extent, if any, to which it cause's,
suffers or permits the removal of trees, shrubs and other vegetation from within Lake
View Walk and to the extent, if any, to which CITY or HRA, causes, suffers or permits
the removal of any such trees, shrubs or other vegetation prior to expiration of said 18
months from the date hereof, GRAMERCY shall, to the extent reasonably practicable
restore or replace said trees, shrubs and other vegetation with substantially similar plant
materials as approved by the CITY'S Director of Community Development.
(f) Shall, throughout said 18 month period, construct and maintain a
fence at least six feet high which integrates Lake View Walk with the VFW Site and
separates Lake View Walk from other surrounding properties.
( g) Shall provide CITY a performance bond from a reputable company
authorized to do business in Minnesota, in a form acceptable to the City Attorney, in the
principal amount of at least $ , assuring CITY that GRAMERCY will
faithfully perform in accordance with the provisions of their Agreement.
RJLr148774
Rc125 -185 3
•
•
•
lt-�
GRAMERCY CORPORATION
By:
Its:
And:
Its:
STATE OF MINNESOTA )
SS
COUNTY OF HENNEPIN )
CITY OF RICHFIELD
By:
Its: City Manager
And:
Its: Mayor
On the day of , 1998, James Prosser, the City Manager and
, the Mayor of the City of Richfield each appeared before me and
said that they executed the foregoing Temporary Occupancy Agreement as their free act
and deed and pursuant to and in accordance with authority vested in them by the City
Council of the City of Richfield.
Notary Public
STATE OF MINNESOTA )
SS
COUNTY OF )
On the day of 1998, the
and the of Gramercy
Corporation, a _ .co poration organized under the laws of , each
appeared before me and said that they executed the foregoing Temporary Occupancy
Agreement as their free act and deed and pursuant to and in accordance with authority
vested in them by the Board of Directors of said Gramercy Corporation.
RJL-148774
RC125 -185
Notary Public
0
CITY OF RICHFIELD, MINNESOTA
Council Letter No. 244 0
Agenda September 28, 1998
Issue Statement:
Continued consideration of a resolution authorizing the temporary closure of the alley
located north of 710 Lake Shore Drive.
Background:
Gramercy Corporation is requesting the temporary closure of the alley located to the north
of the VFW property at 710 Lake Shore Drive. The alley is located approximately 25 feet
from the proposed Gramercy Park Cooperative building and new VFW facility. The alley
would be used for construction activity related to the building and underground parking
structure during the 18 -month construction period.
The alley provides access to the two single family homes located on Lake Shore Drive.
Gramercy would construct a temporary alley from Graham Avenue, across property owned
by the Housing and Redevelopment Authority (HRA), to the portion of the alley adjacent to
the single family homes. Gramercy is requesting an easement from the HRA to build the
temporary alley on the Graham Avenue properties.
Recommended Motion:
Adopt a resolution authorizing the temporary closure of the alley located to the north of
S 710 Lake Shore Drive.
Basis of Recommendation:
1. Gramercy Corporation needs the use of the alley during the construction of the
Gramercy Park Cooperative and VFW facility.
2. Gramercy has agreed to construct a temporary alley from Graham Avenue to the
single family homes on Lake Shore Drive.
3. Gramercy Corporation would be responsible for restoring the condition of the alley
following construction.
Alternative Recommendation:
Deny Gramercy temporary closure of the alley.
Discussion /Decision Mode:
This item was continued from the City Council meeting on September 14, 1998 to
September 28, 1998.
Respectfully submitted,
• Jame . Prosser
City Manager
JDP:cak
!o -I
0 RESOLUTION NO.
RESOLUTION AUTHORIZING TEMPORARY CLOSING OF ALLEY
WHEREAS, the City of Richfield, Minnesota (the "City ") desires to facilitate the
redevelopment of Lots 19 -23, Block 3, Fairwood Shores ( "Gramercy Site "); and
WHEREAS, the Housing and Redevelopment Authority in and for the City of
Richfield ( "HRA ") is owner in fee simple of Lot 5, Block 3, Fairwood Shores and said Lot 5
is now vacant; and
WHEREAS, Gramercy Corporation ( "Gramercy "), the proposed redeveloper of the
Gramercy Site has proposed to excavate under the public alley which abuts the Gramercy
Site and is identified as "Auto Lane" within Block 3 in the plat of Fairwood Shores; and
WHEREAS, Gramercy has also requested that the City close said Auto Lane to use
for a period of 18 months during demolition and redevelopment activities to be performed
on the Gramercy Site and within said Auto Lane; and
WHEREAS, Gramercy and the City have requested that, in order for the City of
Richfield to accommodate Gramercy's request for closure of the Auto Lane abutting the
• Gramercy Site during said 18 -month period, the HRA grant a temporary easement to the
City across Lot 5, Block 3, Fairwood Shores for alley purposes to enable the public need
for an alley within Block 3, Fairwood Shores to be served by means of the proposed
temporary easement during the 18 -month period during which it is anticipated that the
Auto Lane will be closed; and
WHEREAS, the HRA staff has requested the HRA Board of Commissioners to
grant the proposed temporary easement during said 18 -month period in order that the City
may temporarily close the Auto Lane within Block 3 of the platted Fairwood Shores.
NOW, THEREFORE, BE IT RESOLVED that the public alley which abuts Lots 19-
23, Block 3, Fairwood Shores and which is identified as Auto Lane within Block 3 of the
Plat of Fairwood Shores shall be closed to public use for an 18 -month period commencing
upon conveyance by the HRA to Gramercy Corporation of the following real estate:
Commencing at a point in the Southerly line of Lot 23, Block 3, Fairwood Shores, at
a point 75 feet West, measured along the South line of said Lot 23 from the
Southeast corner thereof; thence East along the South Line of Lot 23 a distance of
75 feet to the Southeast corner thereof; thence Northeasterly along the East line of
said Lot 23 a distance of 44 feet; thence Northwesterly a distance of 64.4 feet to a
point distant 78.4 feet Northeasterly from the point of beginning, then Southwesterly
a distance of 78.4 feet to the point of beginning, according to the plat thereof on file
or of record in the Office of the Registrar of Titles in and for said County, Hennepin
County Minnesota.
(Commonly known as 6724 Lyndale Avenue South, Richfield, MN 55423)
/ D- a-
BE IT FURTHER RESOLVED, that this resolution shall not take effect until
execution by Gramercy Corporation of an unconditional written commitment to (1)
construct the temporary alley across Lot 5, Block 3, Fairwood Shores, which is necessary
to provide alley access to properties otherwise dependent upon Auto Lane for alley
access, in accordance with specifications established by the City Director of Public Works;
(2) reconstruct Auto Lane in accordance with specifications established by the City
Director of Public Works no later than 18 months from the date hereof, and (3) restore Lot
5, Block 3 Fairwood Shores to substantially the same condition as existed thereon prior to
construction of the temporary alley (or other condition mutually acceptable to the
Executive Director of the HRA and Gramercy Corporation).
BE IT FURTHER RESOLVED, that upon the creation by the HRA of a temporary
easement for alley purposes across said Lot 5, Block 3, Fairwood Shores, the City agrees
to indemnify, defend and hold harmless the HRA, its members, employees and agents for
any claims, damages, or causes of action which may be made or claimed against any of
them as a consequence of the creation of said alley easement, or the construction,
operation or maintenance of a public alley thereon.
Adopted by the City Council of the City of Richfield, Minnesota this 28th day of
September, 1998.
ATTEST:
Thomas P. Ferber, City Clerk
•
Martin J. Kirsch, Mayor
•
0
0
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Temporary Alley Closure
Gramercy Park Cooperative Construction
.....
F�19,10 �
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710 Lak Shore Drive
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Alley to be temporarily closed
HRA -owned properties: location of temporary access
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50 0 50 100 Feet A
August 28, 1998
CITY OF RICHFIELD, MINNESOTA
Council Letter No. 243
Agenda September 28, 1998
Issue Statement:
Continued public hearing regarding a request for a conditional use permit to allow the
VFW Post 5555 to operate a club restaurant and bar at 6401 Lyndale Avenue for up to
18 months.
Background:
The VFW Post 5555 is proposing to temporarily relocate its club facility to the former
Pizza Hut space at 6401 Lyndale Avenue. The Pizza Hut was a take -out only
restaurant so a new conditional use permit is required.
The current VFW facility has been sold to Gramercy Corporation who is proposing to
build a senior housing cooperative and new, smaller -sized VFW facility on the property.
The VFW will use the temporary location until the new location is ready. They are
seeking a conditional use permit for the temporary location for a maximum of 18 months
from the date of City Council approval.
The facility will include a kitchen, bar, the gambling operation, and 61 seats. The VFW
plans to conduct a limited operation until the new facility is available. The office portion
of the club will be located somewhere else. The VFW has applied to the City and State
to transfer gambling and liquor /club licenses to this property. The Council will consider
the gambling and liquor license requests on September 28, 1998.
There are 97 parking spaces available in the shopping center. City parking standards
require one parking space for every 2 seats in a restaurant serving alcohol, so 31
spaces are required for the proposed VFW facility. Parking counts taken over a two -
week period indicate that the parking lot is underutilized and can accommodate the
additional demand generated by the VFW. The fewest number of parking spaces
available in the lot was 54 spaces on a Thursday afternoon. In addition, the peak
usage period for the VFW is evenings and weekends, which is opposite that of the
other shopping center uses. The VFW hours of operation are from 8 a.m. to 12 p.m.,
Sunday - Wednesday and from 8 a.m. to 1 a.m., Thursday- Saturday.
A request was received from another tenant in the shopping center requesting that the
no parking signs on 64th Street be removed to accommodate parking from the VFW.
Staff would not recommend any change in the no parking signs. Adequate off - street
parking is required and is available for the proposed VFW.
The proposed club space is located on the west side of the property, away from the
. adjacent residential property. The conditional use permit for Pizza Hut required that a
sign be installed prohibiting right turns out of the north end of the parking lot onto 64th
Street. The VFW CUP should continue this requirement as a way of discouraging use
q-1
of 64th Street by commercial traffic. The VFW also plans to inform its members of the
importance of not cutting through the neighborhood when leaving the club facility
through their newsletter and by distributing pamphlets to members and guests once the
facility is open. The VFW has also stated that it is willing to use its disciplinary
committee to address any ongoing problems that arise with members making right turns
onto 64th Street.
Public testimony at the Planning Commission hearing raised the issue of traffic in the
neighborhood. The Commission determined that this was an issue they had heard
expressed in the past, so believed it would exist whether it was the VFW who located in
the space or some other commercial use. A majority of members recommended
approval of the conditional use permit with the added stipulation that the City implement
traffic calming efforts in the area. Staff recommends that the City Council approve a
stipulation that staff first measure traffic counts and speeds in the area to determine
whether or not traffic calming efforts are warranted and implement traffic calming efforts
if the traffic count analysis shows that they are appropriate. Traffic counts were taken
on September 1 and September 2 and showed low levels of traffic. A review of the
traffic issues in the area is provided in Attachment A.
The Planning Commission also expressed concern that the decision to approve the
VFW for a temporary period not be considered a precedent for permitting additional
liquor - serving establishment in this location in the future. Future applications would
have to apply for a conditional use permit and liquor license, both of which would be
judged by their merits as is this proposal. The Basis of Recommendation lays out the
fact that the club membership and temporary nature of the facility are key reasons for
approving the conditional use permit for a restaurant -type facility serving alcohol at this
location.
Recommended Motion:
Approve the conditional use permit at 6401 Lyndale Avenue to allow the temporary
relocation of the VFW Post 5555 with the following stipulations:
1. That the conditional use permit expire on February 14, 2000 or at such time that
the VFW relocates to a different facility, whichever is sooner.
2. That the "No Right Turn" sign located near the north parking lot access be
maintained.
3. That the number of handicapped parking stalls meet the requirement of four
spaces for a parking lot with 97 stalls.
4. That staff measure traffic counts and speeds in the area to determine whether or
• not traffic calming efforts are warranted and implement traffic calming efforts if the
traffic count analysis shows that they are appropriate.
Basis of Recommendation: 9 —a
1. The Comprehensive Plan designation for the property is Community Commercial;
the proposed club facility is consistent with this designation.
2. The proposed temporary use helps the City implement the redevelopment plan
for the Southwest Quadrant area by providing a temporary location for the VFW
during construction of the Gramercy Park Cooperative.
3. The proposed facility meets zoning performance standards: adequate parking is
available; a trash enclosure currently screens the dumpster; and the parking lot
was recently reconstructed in compliance with City standards.
4. Fencing and landscaping provide screening between the shopping center and the
adjacent residential property.
5. The lot abuts an arterial street so alcoholic beverages can be served with a liquor
license.
6. The proposed use will not have undue adverse impacts on governmental facilities,
utilities, services or existing or proposed improvements. There is no history of
public safety issues with the VFW. The number of public safety calls for service to
the current facility is significantly lower than calls to public restaurant/bar facilities
i in the City. For example, from July 1997 to July 1998 there were 18 calls to the
VFW versus 120 to Chi Chi's. Of the 18 calls in 1997 -1998, several were
Fire /Medical and others were related to the Fourth of July street dance, which will
not be held at the temporary location.
7. The proposed use will not have undue adverse impacts on public health, safety or
welfare because the relocation is temporary, and the VFW is a club facility limited
to members and their guests.
8. The VFW explored several options for locating a temporary facility. Such a facility
is difficult to find because even though it is temporary, the facility still needs to
meet all building and health codes. In addition, it is difficult to find a landlord
willing to lease space for a short period of time. The VFW considered a location
on Penn Avenue, but the facility did not have adequate parking and significant
improvements would have had to be made to accommodate a kitchen facility.
Another location considered was the existing King Oscar's restaurant. This
location did not work because of difficulties with keeping the two operations
separate (e.g. liquor license, liability). The VFW also considered combining
operations with the Bloomington VFW; however, the national organization would
not allow them to merge with another club, even on a temporary basis.
9. Notice of the hearing was published in the Sun - Current and mailed to property
owners and occupants within 350 feet of the subject property.
9-3
10. The hearing was continued from September 14, 1998 to September 28, 1998.
11. On August 25, 1998, the Planning Commission voted 5 -2 (one abstention) 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 was scheduled for 7:00 p.m. on Monday, September 14, 1998 and was
continued to September 28, 1998. The hearing will be held in the City Council
Chambers of Richfield City Hall, 6700 Portland Avenue.
Respectfully submitted,
Ja D. Prosser
City Manager
S JDP:cak
•
0 ATTACHMENT A
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Traffic Issues Relating to 64th Street & Harriet Avenue Neighborhood
• Staff will monitor traffic counts before and after the VFW moves into the temporary
location. Counts will be taken to the east of the shopping center access on 64th
Street and at Harriet and 65th Street and Pleasant and 65th Street.
Traffic calming involves restricting movements. The neighborhood already has
restricted access due to the orientation of the commercial development at 65th and
Lyndale. There are only four outlets to the neighborhood so there will be slightly
higher traffic on certain streets. There is little incentive to cut through the
neighborhood.
• Traffic calming in this case would probably involve adding openings to the
neighborhood.
• Engineering staff have had mixed results with the traffic calming process in two
other neighborhoods.
• Traffic calming efforts thus far have been focused on residential streets with 2,000 +
cars a day. Traffic counts taken in the 64th Street and Harriet Avenue
neighborhood on September 1 and 2 showed counts well below this threshold. The
counts showed 470 cars at 65th and Grand, 266 cars on 64th Street east of the
shopping center entrance, and 258 cars at 65th and Pleasant.
• 70th Street (3,000 trips a day): Neighbors have discovered that the possible
solutions create new problems and inconveniences.
• The Interchange West neighborhood was surveyed about the traffic diverter
installed at 77th Street and Morgan Avenue. The results showed nearly an equal
number of households voting to keep or remove the diverter.
• 11th Avenue and 66th Street: Traffic counts and speeds were monitored in
response to the proposed day care. The counts were higher (663) than is standard
for a residential street but were not extraordinarily high. The speeds, however,
were high. Staff took counts and speeds when the Bloomington Avenue bridge was
closed to find out how many cut - through trips were occurring and if they were
increasing the average speed. The counts went down slightly, but average speeds
remained the same (i.e. it isn't just "cut- through" traffic that is speeding).
•
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Al Vacuum Cleaner Co.
6405 Lyndale Ave. So.
Richfield, MN 55423
September 16, 1998
City Council
6700 Portland Avenue So.
Richfield, MN 55423
Attn: Julie Urban & City Council Committee
As per our conversation last week, I am writing you to confirm my concerns with
the Richfield VFW moving into a temporary location at 6403 Lyndale Ave. So.
My concerns include parking for our walk -in and vacuum & sewing machine drop
off customers, as well as our handicap parking customers. Whether or not liquor
will be served to anyone or just members of the club and what hours the club will
be open.
The other concern is the amount of people that can be in the club as per fire
code for occupancy. It would be very nice if the "No Parking" on 64th street be
lifted for club parking to help with congestion in the parking lot even if only on
the south side of the street.
My biggest fear is the size of the building for the number of club members, the
club hours, alcohol consumption and parking for my customers. Thank you for
considering these concerns on this issue.
Respectfully yours,
' D
mes K. Erickson
Owner
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CITY OF RICHFIELD, MINNESOTA
Council Letter No. 242
Agenda September 28, 1998
Issue Statement:
Continued public hearing on a preliminary and final plat for Gramercy Park Richfield,
710 Lake Shore Drive and 6724 Lyndale Avenue.
Background:
Gramercy Corporation is requesting approval of the preliminary and final plat for
Gramercy Park Richfield. The plat is comprised of land at 710 Lake Shore Drive and
6724 Lyndale Avenue.
Excess right -of -way along Lake Shore Drive would be vacated under a separate
Council action creating a property line essentially parallel with Lake Shore Drive.
Currently, the sidewalk and boulevard along Lyndale Avenue are located on private
property. The plat would dedicate approximately 15 feet of land behind the curb for the
public boulevard.
A utility easement will be maintained for a water main located on the east side of the
property. An easement will also be established in the southeast corner to allow for a
future entrance monument to the Richfield Lake Area.
The resolution approving the plat extends the time period for recording the final plat to
150 days instead of the required 30 days. This extension allows Gramercy to obtain
• title to both properties before filing the final plat.
Recommended Motion:
Conduct a public hearing and adopt a resolution approving the preliminary and final plat
of Gramercy Park Richfield with the following stipulation:
1. That an easement for an entrance monument in the southeast corner of the property
be recorded.
Basis of Recommendation:
1. The developer's lender is requiring that the property be replatted. Approval of the
plat will facilitate timely development of the parcels.
2. An easement for a public entrance monument for the Richfield Lake Area will be
established over the southeast corner of the property.
3. A utility easement is maintained for the water main located along the east property
line.
4. Approval of the plat will not be effective until Gramercy holds title to both 710 Lake
Shore Drive and 6724 Lyndale Avenue.
5. Notice of the public hearing was published in the Sun - Current and mailed to
property owners and occupants within 350 feet of the subject property.
• 6. The hearing was continued from September 14, 1998 to September 28, 1998.
8-1
• Alternative Recommendation:
1. Approve the preliminary and final plats for the Gramercy Park Cooperative
development with revisions.
2. Do not approve the preliminary and final plats.
Discussion /Decision Mode:
A public hearing was scheduled for 7:00 p.m. on Monday, September 14, 1998 and was
continued to September 28, 1998. The hearing will be held in the Council Chambers,
Richfield City Hall, 6700 Portland Avenue.
Respec Ily submitted,
Jame . Prosser
City nager
JDP:cak
n
LJ
•
�-C-)L
RESOLUTION NO.
RESOLUTION GRANTING PRELIMINARY AND FINAL APPROVAL OF A
SUBDIVISION FOR GRAMERCY CORPORATION
WHEREAS, Gramercy Corporation has requested preliminary and final approval
to combine several tracts of land located at 6724 Lyndale Avenue and 710 Lake Shore
Drive in the City of Richfield; and
WHEREAS, the proposed subdivision is to be known as GRAMERCY PARK
RICHFIELD; and
WHEREAS, a public hearing on the proposed plat of GRAMERCY PARK
RICHFIELD was held on September 28, 1998 at which all interested persons were
given the opportunity to be heard.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Richfield, as follows:
The proposed plat of GRAMERCY PARK RICHFIELD satisfies the
requirements of the City's subdivision ordinances.
2. Preliminary and final approval is granted to Gramercy Corporation for the
plat of GRAMERCY PARK RICHFIELD, subject to the terms of this
resolution.
3. This resolution shall be null and void unless within the time limit required
by Subsection 500.29, subdivision 3 of the Richfield City Code, the
Applicant files the final plat with the Hennepin County Recorder or
Registrar of Titles, as may be appropriate. The time period provided by
that ordinance is hereby extended to 150 days.
4. This resolution shall not be effective until such time that Gramercy
Corporation holds title to 6724 Lyndale Avenue and 710 Lake Shore
Drive.
Adopted by the City Council of the City of Richfield this 28th day of September, 1998.
ATTEST:
Thomas P. Ferber, City Clerk
•
Martin J. Kirsch, Mayor
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i CITY OF RICHFIELD, MINNESOTA
Council Letter No. 241
Agenda September 28, 1998
Issue Statement:
Continued public hearing and second reading of a transitory ordinance vacating right -
of -way adjacent to 710 Lake Shore Drive and 6724 Lyndale Avenue for the Gramercy
Park Cooperative development.
Background:
Gramercy Corporation is proposing to construct a 218 -unit senior housing cooperative
and an 8,000 sq. ft. VFW Post 5555 facility at the northwest corner of the intersection of
Lyndale Avenue and Lake Shore Drive. There is excess right -of -way along the property
adjacent to Lake Shore Drive. Staff recommends that the excess right -of -way be
vacated to realign the right -of -way line with the existing street orientation and make the
area available to Gramercy for landscaping purposes.
Approval of the vacation would be contingent upon approval of the Gramercy project
and acquisition of the Hules property by either Gramercy Corporation or the Housing
and Redevelopment Authority.
The right -of -way line will also be adjusted on the Lyndale Avenue side of the property
through the platting process. Gramercy will be dedicating a portion of the property
along Lyndale Avenue for right -of -way purposes. This will allow for approximately 15
feet of right -of -way behind the street curb for boulevard, sidewalk and snow storage
purposes. Currently, the sidewalk along Lyndale Avenue is on private property.
Recommended Motion:
Conduct a public hearing and hold second reading of a transitory ordinance vacating
street right -of -way adjacent to 710 Lake Shore Drive and 6724 Lyndale Avenue.
Basis of Recommendation:
1. The right -of -way is not needed for street or sidewalk purposes.
2. The vacation will realign the right -of -way line with the existing street orientation.
3. A 10 -foot easement would be maintained for a water main. In the developer's
agreement, Gramercy Corporation has agreed to also provide an easement at the
southeast corner for a future entrance monument to the Richfield Lake Area.
4. The proposed property line is located five feet behind the sidewalk which provides
adequate room for snow storage.
5. The vacation would not become effective until Gramercy Corporation owns 710
Lake Shore Drive and 6724 Lyndale Avenue.
t) -1
6. The City Council held first reading of the vacation on August 10, 1998.
7. Notice of the public hearing was published in the Sun - Current and mailed to
property owners and occupants within 350 feet of the subject property.
8. The hearing was continued from September 14, 1998 to September 28, 1998.
Alternative Recommendation:
1. Deny the vacation.
2. Refer the vacation to the Planning Commission.
Discussion /Decision Mode:
A public hearing and second reading was scheduled for 7:00 p.m., September 14, 1998
and was continued to September 28, 1998. The hearing will be held in the Council
Chambers, Richfield City Hall, 6700 Portland Avenue. A two- thirds majority vote is
required for a vacation when the vacation is initiated by the City.
Respectfully submitted,
Ja a D. Prosser
City Manager
JDP:cak
•
/0')'_
0 BILL NO.
TRANSITORY ORDINANCE NO.
AN ORDINANCE VACATING STREET RIGHT -OF -WAY
THE CITY OF RICHFIELD DOES ORDAIN:
Section 1. The following described land is subject to an easement for public
right -of -way purposes:
That part of Lake Shore Drive adjoining and lying southerly of Lots 19, 20, 21
and 22, Block 3, Fairwood Shores, according to the recorded plat thereof on file in the
office of the Registrar of Titles, Hennepin County, Minnesota, described as follows:
Beginning at the most westerly corner of said lot 19; thence southwesterly, along
the extension of the northwesterly line of said Lot 19, a distance of 24.42 feet;
thence southeasterly to the most southerly corner of said Lot 22; thence
northwesterly, along the southwesterly lines of said Lots 22, 21, 20 and 19, to
the aforedescribed point of beginning, and there terminating.
That part of Lake Shore Drive adjoining and lying southerly of Lot 23, Block 3,
Fairwood Shores, according to the recorded plat thereof on file in the office of the
Registrar of Titles, Hennepin County, Minnesota, described as follows:
Commencing at the most westerly corner of Lot 19, said Block 3; thence
southwesterly along the extension of the northwesterly line of said Lot 19, a
distance of 24.42 feet; thence southeasterly to the most southerly corner of Lot
22, said Block 3, said point being the point of beginning of the parcel to be
described; thence easterly along a tangential curve, concave to the north, radius
210.00 feet, central angle 32 degrees 51 minutes 09 seconds a distance of
120.41 feet to the intersection with the southwesterly production of the easterly
line of said Lot 23; thence northeasterly 32.63 feet to the southeast corner of
said Lot 23; thence westerly along the south line of said Lot 23, to the point of
beginning and there terminating.
(refer to herein as the "Vacated Area ")
Sec. 2. The City of Richfield has initiated the vacation of the Vacated Area.
Sec. 3. The Vacated Area is occupied by a water main. The City needs to
continue to utilize the Vacated Area for the continued operation and maintenance of the
water main. The proposed vacation of the Vacated Area therefore will not adversely
affect the ability of the City to maintain, repair or replace any utility facilities that may be
located within the Vacated Area.
IT-3
Sec. 4. The Council finds that, upon recording of a permanent utility easement,
there will no longer be a public need for a right -of -way easement over the Vacated
Area.
Sec. 5. The easement over the Vacated Area, as described in Section 1 of this
ordinance, is hereby vacated, reserving, however, a utility easement.
Sec. 6. The vacation will be effective 30 days following publication or at such
time as Gramercy Corporation holds title to properties at 710 Lake Shore Drive and
6724 Lyndale Avenue that are adjacent to the Vacated Area, whichever date is later.
Passed by the City Council of the City of Richfield, Minnesota this 28th day of
September, 1998.
• ATTEST:
Thomas P. Ferber, City Clerk
Martin J. Kirsch, Mayor
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• CITY OF RICHFIELD, MINNESOTA
Council Letter No. 240
Agenda September 28, 1998
Issue Statement:
Continued public hearing regarding a request for a final development plan and
conditional use permit to allow construction of a 218 -unit senior housing cooperative
and VFW facility at 710 Lake Shore Drive and 6724 Lyndale Avenue.
Background:
Gramercy Corporation is proposing to construct Gramercy Park Cooperative, a 16-
story, 218 -unit senior housing cooperative at the northwest corner of Lyndale Avenue
and Lake Shore Drive.
Eight different unit types will be available ranging in size from 683 to 2,019 sq. ft.. The
first two floors (one underground) provide covered parking for 230 vehicles. Common
facilities and services such as an exercise room, billiards room, craft room, community
room and kitchen, storage facilities, auditorium, general store, library, barbershop and
dry cleaner pickup are available on the third or terrace level.
A two -story, 8,000 sq. ft. VFW facility will be located to the east of the housing
cooperative, connected through the parking ramp and via an enclosed walkway. The
3,000 sq. ft. second floor will include bar and office space. The 5,000 sq. ft. first floor
will house the restaurant portion of the club.
. Sixty -one spaces of surface -level parking will also be available for use by the VFW
which will allow for a club seating capacity of 122. In the past, the VFW has worked
with the Wood Lake Nature Center staff to use the Nature Center parking lot to
accommodate overflow parking for larger events. The proposed VFW does not,
however, include a banquet facility and it will be considerably smaller than the existing
VFW, so the parking demand will not be as high as it is with the current facility.
Access to the underground parking will be available off Lake Shore Drive. A turnaround
area is planned in front of the main entrance and access to the ground floor parking
level will be provided in this area. The easternmost entrance will provide access to the
VFW parking lot and to the service /delivery entrance to the building.
Access off of Lyndale Avenue will be provided by the existing alley. The alley will be
maintained for public access at this time because it is used to access the single family
homes located on Lake Shore Drive. Gramercy will be given temporary rights to use
the alley during the construction period. Alternate access will be provided to the single
family homes across three HRA -owned properties located behind the commercial
building located to the north of the VFW.
Landscaping will be provided primarily on the south and east sides of the building
where the fronts of the housing development and VFW are oriented. The parking area
to the north of the building may be available for landscaping in the future, depending on
additional redevelopment opportunities in the southwest quadrant (a public parking
ramp could be included in redevelopment plans which may be used by the VFW).
Terraces will be available for both the VFW and the housing residents. Space will be
40 reserved in the southeast corner of the property for future boulevard landscaping and a
public entrance monument to the Richfield Lake Area.
0-/
The largest area of existing trees and brush is located on the west side of the property.
These trees (approximately 15) and brush will have to be removed from the Gramercy
property. Landscaping will be provided on the Gramercy property to replace the trees
being removed. The vast majority of trees located in the public right -of -way (a 16 foot
wide strip of land to the west of the VFW property) will be unaffected by construction. A
few trees in this right -of -way may be impacted by construction activities. Gramercy will
replace any trees removed from the right -of -way.
Recommended Motion:
Approve the final development plan and conditional use permit to allow construction of
a 218 -unit senior housing cooperative and 8,000 sq. ft. VFW facility at 710 Lake Shore
Drive and 6724 Lyndale Avenue with the following stipulations:
1. That a planned unit development plan and rezoning to PMR be approved by the
City Council.
2. That a final landscape plan, including tree replacement both on and off site, be
approved by the Community Development Director and a cash escrow submitted
for the cost of the landscaping.
3. That a stormwater management plan be approved by the Public Works Director.
4. That a sediment and erosion control plan be approved by the Public Works
Director.
• 5. That appropriate measures be taken to ensure that cooking odors from the VFW
will not negatively impact future cooperative residents or other surrounding
properties.
6. That the property be replatted.
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. The proposed use is consistent with the goals, policies, and objectives of the City's
Comprehensive Plan. The Comprehensive Plan designation is Community
Commercial, which allows for high density, multiple family housing and a facility
such as the VFW.
2. The proposed use is consistent with the redevelopment plan adopted for the
Southwest Quadrant of Lyndale Avenue and 66th Street.
3. The development meets City parking standards. City standards require one
parking space per unit for senior housing. The proposed development provides
230 indoor parking spaces. One parking space will be provided for every two
seats in the VFW facility, which meets City standards. In their other projects,
Gramercy has found that one space per unit is more than adequate to meet the
needs of the senior population. Five to ten percent of residents in their projects do
not have a car at all. That percentage is likely to be higher in this project because
• of its close proximity to public transit. The parking stalls not used by residents will
be available for guest and staff parking.
&-a_
4. The access points have been approved by the City's Transportation Engineer. He
has also concluded that the local street system can handle the additional traffic.
An elderly housing project will not generate sign traffic during peak periods.
5. The proposed use will not have undue adverse impacts on governmental facilities,
utilities, services, or existing or proposed improvements.
6. The use will not have undue adverse impacts on the public health, safety, or
welfare.
7. Any trees on the public right -of -way (located to the west of the development) that
are impacted by construction will be replaced. Trees removed from the property
will also be replaced.
8. There is a public need for such a use at the proposed location. There is a
significant number of seniors in the City and adjacent communities who are
seeking /will be seeking alternatives to living in a single family home. The
cooperative style of housing is currently unavailable in Richfield. At this time,
approximately 40 percent of the Gramercy Park units have been pre -sold to
Richfield residents.
9. On August 25, 1998, the Planning Commission voted 7 -1 to recommend approval
of the final development plan and conditional use permit.
. 10. Notice of the hearing was published in the Sun- Cun-ent and mailed to property
owners and occupants within 350 feet of the subject property.
11. On September 14, 1998, the hearing was continued to September 28, 1998.
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:
The public hearing was continued from September 14, 1998 to September 28, 1998.
The hearing will be held at 7:00 p.m. in the City Council Chambers of Richfield City Hall,
6700 Portland Avenue. A two- thirds majority vote of the full City Council membership is
required.
Respectfully submitted,
Jam Prosser
City anager
JDP:cak
1�1
RESOLUTION NO. X03
0 RESOLUTION FOR APPROVING A CONDITIONAL USE PERMIT
710 Lake Shore Drive and 6724 Lyndale Avenue
WHEREAS, an application has been filed with the City of Richfield which
requests approval of a conditional use permit for a 218 -unit senior housing cooperative
and 8,000 sq. ft. VFW club facility on land generally located at 710 Lake Shore Drive
and 6724 Lyndale Avenue South, legally described as:
Lots 19 -23, Block 3, Fairwood Shores
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:
A conditional use permit is issued for a 218 -unit senior housing
cooperative and 8,000 sq. ft. VFW club facility, 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:
• That a planned unit development plan and rezoning to PMR be
approved by the City Council.
• • That a final landscape plan, including tree replacement both on and off
site, be approved by the Community Development Director and a cash
escrow submitted for the cost of the landscaping.
• That a stormwater management plan be approved by the Public Works
Director.
• That a sediment and erosion control plan be approved by the Public
Works Director.
• That appropriate measures be taken to ensure that cooking odors from
the VFW will not negatively impact future cooperative residents or
other surrounding properties.
• That the property be replatted.
• 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 28th day of
September, 1998.
• Martin J. Kirsch, Mayor
ATTEST:
Thomas P. Ferber, City Clerk
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i CITY OF RICHFIELD, MINNESOTA
Council Letter No. 239
Agenda September 28, 1998
Issue Statement:
Continued public hearing on a planned unit development plan and second reading of an
ordinance amendment rezoning land at 710 Lake Shore Drive and 6724 Lyndale
Avenue from C -2 (general commercial) and R (single family residence) to planned
multiple residence (PMR) for the Gramercy Park Cooperative development.
Background:
Gramercy Corporation is requesting City approval of a 218 -unit senior housing
cooperative and a new VFW facility on the site of the existing VFW property at 710
Lake Shore Drive and the property at 6724 Lyndale Avenue, which houses Labor
Ready Temporary Services.
Because of the small site (1.6 acres) and the mix of land uses, Gramercy is proposing
to rezone the site to a planned unit development. The City Council is being asked to
initiate the rezoning of this site as the developer does not yet have title to both parcels.
The eastern portion of 710 Lake Shore Drive is zoned C -2 and the western portion is
zoned R. All of 6724 Lyndale Avenue is currently zoned C -2. The appropriate zoning
district for a mixed use development is planned multiple residence. The planned
multiple residence (PMR) district allows up to 33 percent of the total square footage to
be used for non - multiple residence uses.
Attachment A compares the zoning standards for the proposed PMR district to the
regulations of the underlying R and C -2 districts.
The 16 -story building will be oriented toward Lake Shore Drive with access from Lake
Shore Drive and Lyndale Avenue. The two -story, 8,000 sq. ft. VFW facility will be
located to the east of the housing cooperative, connected through the parking ramp and
via an enclosed walkway. The first two floors (one underground) of the co -op building
will provide covered parking, and additional surface -level parking will be provided on the
north side of the property and to the south of the VFW building.
The majority of the area south of 66th Street and west of Lyndale Avenue has been
identified for redevelopment since 1975. In the late 1970s, the HRA purchased
property which subsequently provided a site for the Lake Shore Drive condominium.
Since that time, various proposals have been advanced for other portions of the area
but none have moved beyond the conceptual stage. The Gramercy Park Cooperative
provides an opportunity to not only develop another portion of the "southwest" quadrant,
but it can also provide the impetus for treating the balance of the area.
•
5--1
Recommended Motion:
Conduct a public hearing, approve the planned unit development plan and hold second
reading of an ordinance amendment rezoning land at 6724 Lyndale Avenue and 710
Lake Shore Drive from C -2 (general commercial) and R (single family residential) to
PMR (planned multiple residence) with the following stipulations:
1. That the rezoning not be effective until Gramercy Corporation obtains title to both
properties or 30 days following publication, whichever is later.
2. That the developer and /or the City work with the adjacent single family property
owners to explore the possibility of purchasing the single family properties.
Basis of Recommendation:
1. The Comprehensive Plan designation for the site is Community Commercial. The
Community Commercial designation supports commercial and high density
multiple family development.
2. Mixed use development is only permitted through a planned unit development.
The Village Shores /Market Plaza development, the only other mixed use
development in the City, is also zoned PMR.
0 3. The rezoning will not be effective until Gramercy Corporation owns both
properties.
4. The proposed PUD plan is in conformance with the redevelopment plan approved
by the City Council on June 22, 1998.
5. The HRA also recently approved a Contract for Private Development with
Gramercy Corporation for this site.
6. The development is designed in such a manner as to form a desirable and unified
environment within its own boundaries.
7. The development is in substantial conformity with the purpose and intent of the
original zoning district, and departures from the original regulations are justified by
the design.
8. The development will not create an excessive burden on parks, schools, streets or
other public facilities and utilities which serve the development.
9. The development will not have undue adverse impacts on neighboring properties.
The proposed uses are consistent with adjacent properties.
0 10. The terms and conditions proposed to maintain the integrity of the plan are
sufficient to protect public interest. Additional right -of -way will be obtained through
the platting process. An easement will be obtained in the southeast corner for a
future entrance monument for the Richfield Lake area.
11. First reading of the rezoning amendment was held on August 10, 1998.
12. On August 25, 1998, the Planning Commission voted 7 -1 to recommend approval
of the planned unit development and rezoning. The Commission added a
stipulation that the developer and the City discuss the purchase of the single
family properties located to the west of the proposed development with the
property owners. Staff has made the contacts and discussion will ensue.
13. Notice of the public hearing was published in the Sun - Current and mailed to
property owners and occupants within 350 feet of the subject property.
14. The hearing was continued from September 14, 1998 to September 28, 1998.
Alternative Recommendation:
Deny the planned unit development plan and rezoning.
Discussion /Decision Mode:
A public hearing was scheduled for September 14, 1998 and was continued to
September 28, 1998. The continued hearing will be held in the Council Chambers,
Richfield City Hall, 6700 Portland Avenue. A two- thirds majority vote of the full City
Council membership is required to approve a rezoning.
Respectfully submitted,
Jame . Prosser
City pager
JDP:cak
•
0 BILL NO.
AMENDMENT TO APPENDIX 1
OF THE ORDINANCE CODE OF THE
CITY OF RICHFIELD
THE CITY OF RICHFIELD DOES ORDAIN:
1.01 Appendix 1, which describes the boundaries of various zoning districts of the
City, is hereby amended in the following respect:
A. Section 3, Paragraph (23), is amended to read as follows:
M -6 (NW corner, Lyndale and Lake Shore Drive) That area lying between the
center lines of the alley, parallel to and between Lake Shore Drive and Graham
Avenue, Lake Shore PFive and Graham Avenue, and between the center line of
Lyndale Avenue the northwesterly lines of Lot-, 2-22, Block 3, Fairwood Shores
Addition.
B. Section 8, Paragraph (5), is amended to read as follows:
is M -6, 8 (NW corner, 66th Street and Lake Shore Drive) That area lying between
the center lines of Lake Shore Drive and the alley, parallel to and between Lake Shore
Drive and Graham Avenue, and between the center lines of Lyndale Avenue and the
dedicated public walkway.
•
2.01 This amendment constitutes a rezoning of 710 Lake Shore Drive from Rand C -2
to PMR and of 6724 Lyndale Avenue from C -2 to PMR.
3.01 This ordinance shall become effective on such date as all of 710 Lake Shore
Drive and all of 6724 Lyndale Avenue are held in common ownership by Gramercy
Corporation or 30 days following publication, whichever is later.
Passed by the City Council of the City of Richfield, Minnesota this 28th day of
September, 1998.
ATTEST:
Thomas P. Ferber, City Clerk
Martin J. Kirsch, Mayor
Attachment A
Use I multiple family; I commercial; multiple I single family
commercial family
Front Setback*
25 feet
30 feet
35 feet
30 feet
..2. "
Rear Setback
.................................................................
...............................
25 feet
...............
.bldg..ht:
20 feet
...................................
.. feet
...............................
Side Interior Setback
.............................................................
...............................
12 feet
..........
bldg. ht.
..................................................
3 feet
5 feet
..............A................
Streetside Setback
15 feet
30 feet
25 feet
12 feet
'2"
Height
-1" 40 feet
3- 5 feet
40 feet
5 feet
* The south side of the property (along Lake Shore Drive) is established as the front yard in the PUD Plan.
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CITY OF RICHFIELD, MINNESOTA
Council Letter No. 238
• Agenda September 28, 1998
Issue Statement:
Public hearing and second reading of a new ordinance Section 1146 pertaining to
tobacco and tobacco products, which contains a combination of State Statute mandates
and items being proposed and recommended by members of the Richfield Advisory
Board of Health, and the repeal of ordinance Section 1145.03, parts of which are
incorporated into the new ordinance. Approve resolutions summarizing ordinance
Section 1146 for legal publication purposes and approve an increase in fees from $30
to $250 a year for a tobacco license in Section 8, fees /permits, of Appendix D.
Background:
For approximately the last year, the Richfield Advisory Board of Health has been
working with the Tri -City Partners for Healthy Youth and Communities on Richfield's
tobacco ordinance. Tri -City Partners for Healthy Youth and Communities is a group
composed of City staff and citizen representatives from the communities of Richfield,
Edina and Bloomington, working on efforts to reduce the accessibility of tobacco and
alcohol to the youth of their communities. The Board of Health's purpose in reviewing
the current tobacco ordinance was to ensure that Richfield's ordinance was in
compliance with State Statutes concerning tobacco and to establish an ordinance that
made access to tobacco and tobacco products more difficult for youth. It was
determined that the only reference to tobacco was in Section 1145.03, Subdivisions 2
through 6(b). The Board of Health developed a draft of a new Section 1146, devoted
entirely to tobacco, and believe that Section 1145.03 needs to be repealed. The new
ordinance incorporates components of the old ordinance but new language is used to
• conform to State guidelines.
The Board of Health is also recommending that the annual fee for a tobacco license be
increased from $30 to $250 per year. This increase in fees will be used to conduct at
least one compliance check by police officers in the Public Safety Department. The
$250 license fee was recommended by the Board of Health after they consulted with
the Minnesota Department of Health and used a table developed by the State which
summarizes the estimated range of costs for enforcing a tobacco ordinance at the city
level. The State's recommended table is attached.
The Board of Health and City staff sent letters to 45 currently licensed tobacco retailers
in Richfield, along with a copy of the draft ordinance, inviting them to a July 8, 1998
meeting hosted by the Addictions Workgroup of the Board of Health. The purpose of
the meeting was to make the retailers aware of the Board's work on the ordinance, to
encourage their participation and receive their input on the ordinance. Only two
retailers attended the meeting: One was a City liquor store manager representing the
City's four liquor stores, and the other was a representative for Superamerica stores in
the City. The Superamerica representative asked for clarification on the use of a
specific type of tobacco display and also voiced opposition to a section of the ordinance
that would require that all clerks be 18 years of age or older. He stated that this would
be a hardship for retailers as many of their clerks are under 18 years of age, and he
requested that this portion be re- evaluated by the Board of Health. Board members
thanked the two retailers present for their input and said they would take their
comments under consideration.
At the Richfield Advisory Board of Health meeting on July 20, 1998, the Addictions
workgroup reviewed for the full Board what had taken place at the July 8 retailer
meeting. They discussed with the Board of Health the issues that were raised by the
retailers concerning a clerk's required age. Members of the Advisory Board of Health,
as representatives of the citizens in the community and, keeping in mind their goal of
decreasing the accessibility of tobacco products to youth, presented the ordinance to
the City Council at the meeting on August 3. The City Council requested that staff
review and clarify some of the proposed ordinance provisions as discussed that
evening. The City Council acknowledged the work of the Advisory Board of Health in
developing the proposed ordinance and directed staff to schedule it for a first reading
• on August 24, 1998.
First reading of the ordinance occurred on August 24, 1998. The questions from the
August 3 Study Session were answered at this time and several small format changes
were made to the ordinance. The City Council directed staff to schedule a public
hearing and second reading of the ordinance for September 28, 1998.
Recommended Motion:
Conduct a public hearing and second reading of an ordinance pertaining to tobacco and
tobacco products which contains a combination of State Statute mandates and items
proposed and recommended by members of the Richfield Advisory Board of Health,
and repeal ordinance Section 1145.03, parts of which are incorporated into the new
ordinance Section 1146. Approve resolutions summarizing ordinance Section 1146 for
legal publication purposes and an increase in fees from $30 to $250 per year for a
tobacco license in Section 8, fees /permits, of Appendix D.
Basis of Recommendation:
1.
The Richfield Advisory Board of Health has been working with the Tri -City
Partners for Healthy Youth and Communities for approximately the last year.
2.
The Board of Health determined that the current Richfield tobacco ordinance is
not in compliance with State Statutes concerning tobacco.
3.
The Addictions workgroup of the Advisory Board of Health presented the results of
their meeting with retailers to the Board and the Board voted to present the new
ordinance to the City Council Study Session for review. This review was
conducted on August 3, 1998 and the City Council comments have been
incorporated into the ordinance.
4.
The Advisory Board of Health recommends repealing Section 1145.03 and
adopting the new Section 1146. The board further recommends approval of
resolution summarizing ordinance Section 1146 for legal publication purposes and
approve an increase in fees from $30 to $250 per year for a tobacco license in
Section 8, fees /permits, of Appendix D.
5.
First reading of the ordinance occurred on August 24, 1998.
Alternative Recommendation:
1.
The Council could decide not to approve the new ordinance; however, that would
result in the City not being in compliance with State Statutes on tobacco.
0
Discussion /Decision Mode:
City Council approval of a new ordinance Section 1146 pertaining to tobacco and
tobacco products, containing a combination of State Statute mandates and items being
proposed and recommended by the members of the Richfield Advisory Board of Health,
and to repeal ordinance Section 1145.03, parts of which are incorporated into the new
ordinance Section 1146. City Council approval of resolutions summarizing ordinance
Section 1146 for legal publication purposes and approve an increase in fees from $30
to $250 per year for a tobacco license in Section 8, fees /permits, of Appendix D.
Respect* submitted,
James
City K
JDP:cak
ra,
i BILL NO.
AN ORDINANCE REGULATING THE SALE AND DISTRIBUTION OF TOBACCO;
REPEALING SUBSECTION 1145.03 OF THE ORDINANCE CODE OF THE CITY OF
RICHFIELD AND ADDING A NEW SECTION 1146
THE CITY OF RICHFIELD DOES ORDAIN:
Section 1. The section heading for Chapter XI, Section 1145, of the Richfield City
Code is hereby amended to read as follows:
Section 1145 - Soft drinks; tebasse
Section 2. Subsection 1145.03 of the Richfield City Code is hereby repealed.
Section 3. Chapter XI, Business and Trade Regulations, of the ordinance code
of the City of Richfield, is hereby amended by adding Section 1146, entitled "Tobacco ",
as follows:
1146 Tobacco
1146.01. Purpose. Subdivision 1. The Richfield City Council recognizes that many
persons under the age of 18 years purchase or otherwise obtain, possess, and use
tobacco, tobacco products, and tobacco related devices, and such sales, possession,
and use are violations of both State and Federal laws. Studies have shown that most
smokers begin smoking before they reach the age of 18 years and that those persons
have been shown to have several serious health problems which subsequently place a
financial burden on all levels of government. This ordinance shall be intended to
regulate the sale, possession, and use of tobacco, tobacco. products, and tobacco
related devices for the purpose of enforcing and furthering existing laws, to protect
minors against the serious effects associated with the illegal use of tobacco, tobacco
products, and tobacco related devices, and to further the official public policy of the
State of Minnesota in regard to preventing young people from starting to smoke as
stated in Minn. Stat. 144.391.
1146.03. Definitions. Subdivision 1. For the purposes of this section, the terms
defined in this subsection have the following meanings given them:
Subd. 2. Tobacco or Tobacco Products. "Tobacco products" shall mean any
substance or items containing tobacco leaf, including but not limited to: cigarettes;
cigars; pipe tobacco, snuff; fine cut or other chewing tobacco; cheroots; stogies;
perique; granulated, plug cut, crimp cut, ready- rubbed, and other smoking tobacco;
snuff flowers; cavendish; shorts, plug and twist tobaccos; dipping tobaccos; refuse
scraps, clippings, cuttings, and sweepings of tobacco; and other kinds and forms of
tobacco leaf prepared in such manner as to be suitable for chewing, sniffing, or
smoking.
Subd. 3. Tobacco Related Devices. "Tobacco related devices" shall mean any
tobacco product as well as a pipe, rolling papers, or other device intentionally designed
or intended to be used in a manner which enables the chewing, sniffing, or smoking of
• tobacco or tobacco products.
Subd. 4. Self- Service Merchandising. "Self- Service merchandising" shall mean
open displays of tobacco, tobacco products, or tobacco related devices in any manner
q,3
where any person shall have access to the tobacco, tobacco products or tobacco
related devices, without the assistance or intervention of the licensee or the licensee's
employee. The assistance or intervention shall entail the actual physical exchange of
the tobacco, tobacco product, or tobacco related device between the customer and the
licensee or employee. Self- service merchandising shall not include vending machines.
Subd. 5. Vending Machine. "Vending Machine" shall mean any mechanical,
electric or electronic, or other type of device which dispenses tobacco, tobacco
products, or tobacco related devices upon the insertion of money, tokens, or other form
of payment directly into the machine by the person seeking to purchase the tobacco,
tobacco product, or tobacco related device.
Subd. 6. Loosies. " Loosies" shall mean the common term used to refer to a
single or individually packaged cigarette.
Subd. 7. Minor. "Minor" shall mean any person who has not yet reached the
age of eighteen (18) years.
Subd. 8. Retail Establishment. "Retail Establishment" shall mean any place of
business where tobacco, tobacco products or tobacco related devices are available for
sale to the general public. Retail establishments shall include, but not be limited to,
grocery stores, convenience stores, and restaurants.
Subd. 9. Moveable Place of Business. "Moveable Place of Business" shall
mean motorized vehicles, mobile sales kiosks, kiosks, trailers or other structure or
equipment not permanently attached to the ground operated in an establishment
licensed to sell tobacco - related products and conducted within a building and within the
licensed premises.
Subd. 10. Sale. A "sale" shall mean any transfer of goods for money, trade,
barter, or other consideration.
Subd. 11. Compliance Checks. "Compliance Checks" shall mean the system
the City of Richfield uses to investigate and ensure that those authorized to sell
tobacco, tobacco products, and tobacco related devices are following and complying
with the requirements of this ordinance. Compliance checks shall involve the use of
minors as authorized by this ordinance to attempt to purchase tobacco, tobacco
products, or tobacco related devices for educational, research and training purposes as
authorized by State and Federal laws. Compliance checks may also be conducted by
other units of government for the purpose of enforcing appropriate Federal, State or
local laws and regulations relating to tobacco, tobacco products, and tobacco related
devices.
1146.05. Sale and distribution of tobacco. Subdivision 1. License required. No person
or establishment shall sell or offer to sell any tobacco, tobacco products, or tobacco
related devices without first having obtained a license to do so from the City of
Richfield. All licenses issued under this ordinance shall be valid only on the premises
for which the license was issued and only for the person to whom the license was
issued. No transfer of any license to another location or person shall be valid.
Subd. 2. Application. An application for a license to sell tobacco, tobacco
products, or tobacco related devices shall be made on a form provided by the Public
Safety Director or the Public Safety Director's designee. The fee shall accompany the
q-q
application. The application shall be reviewed and action taken on it by either the
Public Safety Director or the Director's designee.
Subd. 3. Action. The Public Safety Director or the Public Safety Director's
designee may either approve or deny the license, or may delay action for such
reasonable period of time as necessary to complete any investigation of the application
or the applicant it deems necessary. If the Public Safety Director or the Public Safety
Director's designee denies the license, notice of the denial shall be given to the
applicant along with notice of the applicant's right to appeal the decision.
Subd. 4. License Term. All licenses shall expire on December 31 of the year in
which the license is issued. The annual license fee will not be prorated.
Subd. 5. Denial, Revocation or Suspension. A license under this section may
be denied, suspended or revoked by the Council, after an investigation and public
hearing where the licensee is granted the opportunity to be heard, for one or more of
the following reasons:
(a) The operation of the business is in conflict with any provision of this code.
(b) The operation of the business is in conflict with any health, fire, building,
building maintenance, zoning, or any other applicable codes or laws.
(c) The applicant or licensee has failed to comply with one or more provisions
of this section or any statute, rule or ordinance pertaining to the sale of
tobacco, tobacco products, or any tobacco related device.
(d) The applicant has committed fraud, misrepresentation or bribery in
securing or renewing a license.
(e) The owner of the premises licensed or to be licensed would not qualify for
a license under the terms of this section.
(f) The applicant is under the age of 18 years.
(g) The applicant has been convicted within the past five years of any
violation of a Federal, State, or local law ordinance provision, or other
regulation relating to tobacco products, or tobacco related devices.
(h) The applicant has had a license to sell tobacco, tobacco products, or
tobacco related devices revoked within the twelve months preceding the
date of application.
(i) The applicant is prohibited by Federal, State, or other local law,
ordinance, or other regulation, from holding such a license.
Subd. 6. Moveable Place of Business. No license shall be issued to a moveable
place of business. Only a fixed location business shall be eligible to be licensed under
this ordinance.
Subd. 7. Display. All licenses shall be posted and displayed in plain view of the
general public on the licensed premise.
Subd. 8. Renewals. The renewal of a license issued under this section shall be
handled in the same manner as the original application. The request for a renewal shall
be made at least thirty days but no more than sixty days before the expiration of the
current license.
Subd. 9. Employee Training. The applicant must provide proof that an
employee training program on tobacco sales has been implemented.
q- Jr-,
1146.07. License Fee. The annual license fee for a tobacco license is set by Appendix
D. The license fee must be paid at the time of application for the license.
1146.09. Prohibited Sales. It shall be a violation of this ordinance for any person to sell
or offer to sell any tobacco, tobacco product, or tobacco related device:
(a) To any person under the age of eighteen (18) years.
(b) By anyone under the age of eighteen (18) years.
(c) By means of any type of vending machine.
(d) By means of self - service merchandising.
(e) By means of loosies.
(f) Containing opium, morphine, jimson weed, bella donna, strychnos, cocaine,
marijuana, or other deleterious, hallucinogenic, toxic, or controlled
substances except nicotine and other substances found naturally in tobacco
or added as part of an otherwise lawful manufacturing process
(g) By any other means prohibited by Federal, State, or other local law,
ordinance provision, or other regulation.
1146.11. Vending Machines. It shall be unlawful for any person licensed under this
ordinance to allow the sale of tobacco, tobacco products, or tobacco related devices by
the means of a vending machine.
1146.13. Self- Service Sales. Subdivision 1. It shall be unlawful for a licensee under
this ordinance to allow the sale of tobacco, tobacco products, or tobacco related
• devices by any means whereby the customer may have access to such items without
having to request the item from the licensee or the licensee's employee and whereby
there is not a physical exchange of the tobacco, tobacco product, or the tobacco related
device between the licensee or his or her clerk and the customer. All tobacco, tobacco
products, and tobacco related devices shall either be stored behind a counter or other
area not freely accessible to customers. Any retailer selling tobacco, tobacco products,
or tobacco related devices at the time this ordinance is adopted shall comply with this
subsection within 30 days of the passage of this ordinance. A license holder who
operates an establishment or fully enclosed portion of an establishment that sells at
least 90 percent of its products in tobacco or tobacco - related products is exempt from
the self - service merchandising provision if the license holder prohibits anyone under
eighteen (18) years of age from entering the establishment or fully enclosed portion of
an establishment and the license holder conspicuously displays a notice prohibiting
persons under eighteen (18) years of age from entering the establishment.
1146.15. Responsibility. All licensees under this ordinance shall be responsible for the
actions of their employees in regard to the sale of tobacco, tobacco products, or
tobacco related devices on the licensed premises, and the sale of such an item by an
employee shall be considered a sale by the license holder. Nothing in this section shall
be construed as prohibiting the City from also subjecting the clerk to whatever penalties
are appropriate under this ordinance, State or Federal law, or other applicable law or
regulation.
1146.17. Compliance Checks and Inspections. All licensed premises shall be open to
inspection by Richfield law enforcement or other authorized City officials during regular
business hours. From time to time, but at least once per year, the City shall conduct
compliance checks by engaging, with the written consent of their parents or guardians,
minors over the age of fifteen (15) years, to enter the licensed premise to attempt to
purchase tobacco, tobacco products, or tobacco related devices. Minors used for the
purpose of compliance checks shall be supervised by the Public Safety Director or the
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Public Safety Director's designee. Minors used for compliance checks shall not be
guilty of the unlawful purchase or attempted purchase, nor the unlawful possession of
tobacco, tobacco products, or tobacco related devices when such items are obtained or
attempted to be obtained as a part of the compliance check. No minor used in
compliance checks shall attempt to use a false identification misrepresenting the
minor's age and all minors lawfully engaged in a compliance check shall answer all
questions about the minor's age, asked by the licensee or his or her employee and
shall produce any identification, if any exists, for which he or she is asked. Nothing in
this subdivision shall prohibit compliance checks authorized by State or Federal laws for
educational, research, or training purposes, or required for the enforcement of a
particular State or Federal law.
1146.19. Other Illegal Acts. Subdivision 1. Unless otherwise provided, the following
acts shall be a violation of this ordinance.
Subd. 2. Illegal Sales. It shall be a violation of this ordinance for any person to
sell or otherwise provide any tobacco, tobacco products, or tobacco related devices to
any minor.
Subd. 3. Illegal Possession. It shall be a violation of this ordinance for any
minor to have in his or her possession any tobacco, tobacco product, or tobacco related
device. This subdivision shall not apply to minors lawfully involved in a compliance
check.
Subd. 4. Illegal Use. It shall be a violation of this ordinance for any minor to
smoke, chew, sniff, or otherwise use any tobacco, tobacco product, or tobacco related
device.
Subd. 5. Illegal Procurement. It shall be a violation of this ordinance for any
minor to purchase or attempt to purchase or otherwise obtain any tobacco, tobacco
products, or tobacco related devices, and it shall be a violation of this ordinance for any
person to purchase or otherwise obtain such items on behalf of a minor. It shall further
be a violation for any person to coerce or attempt to coerce a minor to illegally purchase
or otherwise obtain or use any tobacco, tobacco product, or tobacco related device.
This subdivision shall not apply to minors lawfully involved in a compliance check.
Subd. 6. Use of False Identification. It shall be a violation of this ordinance for
any minor to attempt to disguise his or her true age by the use of a false form of
identification, whether the identification is that of another person or one on which the
age of the person has been modified or tampered with to represent an age older than
the actual age of the person.
1146.21. Violations. Subdivision 1. Notice and Hearing. Upon discovery of a
suspected violation, the alleged violator shall be issued, either personally or by mail, a
citation that sets forth the alleged violation. The alleged violator shall have the
opportunity for a hearing before the Director of Public Safety before any penalty is
imposed under this section. A decision that a violation has occurred shall be in writing.
Subd. 2. Misdemeanor Prosecution. Nothing in this subsection shall prohibit the
City, from seeking prosecution as a misdemeanor for any alleged violation of this
ordinance.
Subd. 3. Continued Violation. Each violation, and every day on which a
violation occurs or continues, shall constitute a separate offense.
1146.23 Penalties. Subdivision 1. Licensees. Any licensee found to have violated
this ordinance, or whose employee shall have violated this ordinance, shall be charged
an administrative fee of $75 for a first violation of this ordinance; $200 for a second
offense at the same licensed premises within a twenty -four month period; and $250 for
a third or subsequent offense at the same location within a twenty -four month period.
In addition, after the third offense, the license shall be suspended for not less than
seven days.
Subd. 2. Other Individuals. Individuals, other than licensees regulated by
Subdivision 1 of this subsection, found to be in violation of this ordinance shall be
charged an administrative fee of $50.
Subd. 3. Minors. Minors found in unlawful possession of, or who unlawfully
purchase or attempt to purchase, tobacco, tobacco products, or tobacco related
devices, shall be given the option of participating in a diversion program rather than
paying the violation fine.
Subd. 4. Misdemeanor. Nothing in this subsection shall prohibit the City from
seeking prosecution as a misdemeanor for any violation of this ordinance.
1146.25 Exceptions and Defenses. Subdivision 1. Nothing in this ordinance shall
prevent the provision of tobacco, tobacco products, or tobacco related devices to a
minor as part of a lawfully recognized religious, spiritual, or cultural ceremony.
. Subd. 2. It shall be an affirmative defense to the violation of this ordinance for a
person to have reasonably relied on proof of age as described by State law.
Subd. 3. It shall be a defense to a violation of the ordinance that a licensee did
not intentionally aid, advise, hire, counsel or conspire with another to sell tobacco to
minors or otherwise procure the sale of tobacco to minors.
1146.27. Severability and Savings Clause. Subdivision 1. If any section or portion of
this ordinance shall be found unconstitutional or otherwise invalid or unenforceable by a
court of competent jurisdiction, that finding shall not serve as an invalidation or effect
the validity and enforceability of any other section or provision of this ordinance.
Passed by the City Council of the City of Richfield, Minnesota this 28th day of
September, 1998.
Martin J. Kirsch, Mayor
ATTEST:
0 Thomas P. Ferber, City Clerk
• RESOLUTION NO. 4-8
RESOLUTION APPROVING SUMMARY PUBLICATION OF AN ORDINANCE
SECTION 1146 WHICH PERTAINS TO TOBACCO AND TOBACCO PRODUCTS
AND WHICH CONTAINS A COMBINATION OF STATE STATUTE MANDATES AND
ITEMS PROPOSED AND RECOMMENDED BY THE RICHFIELD ADVISORY BOARD
OF HEALTH
WHEREAS, the City has adopted the above referenced ordinance of the
Richfield City Code; and
WHEREAS, the verbatim text of the amendment is cumbersome, and the
expense of publication of the complete text is not justified.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Richfield that the following summary is hereby approved for official publication.
SUMMARY PUBLICATION
BILL NO. 1998 —
AN ORDINANCE REGULATING THE SALE AND DISTRIBUTION OF
TOBACCO; REPEALING SUBSECTION 1145.03 OF THE ORDINANCE CODE OF
THE CITY OF RICHFIELD AND ADDING A NEW SECTION 1146
This summary of the ordinance is published pursuant to Section 3.12 of the
Richfield City Charter.
The purpose of this ordinance is to bring Richfield's tobacco ordinance into
compliance with Minnesota State Statutes and to achieve the Richfield Advisory Board
of Health's goal of working to decrease youth's access to tobacco and tobacco products
in the City of Richfield. This ordinance would include yearly compliance checks by
Public Safety Department staff, prohibition of self - service merchandising displays, types
of prohibited sales and the process to be used if violations should occur.
Copies of the ordinance are available for public inspection in the Public Safety
Department during normal business hours or upon request by calling 861 -9881.
Adopted by the City Council of the City of Richfield, Minnesota this 28th day of
September, 1998.
Martin J. Kirsch, Mayor
ATTEST:
0 Thomas P. Ferber, City Clerk
o
RESOLUTION NO. 7' 1
RESOLUTION AMENDING ESTABLISHED 1998 LICENSE,
PERMIT AND MISCELLANEOUS FEES
PURSUANT TO THE PROVISIONS OF APPENDIX D
OF THE ORDINANCE CODE OF THE CITY OF RICHFIELD
BE IT RESOLVED by the City Council of the City of Richfield, Minnesota, as
follows:
1. License, permit and miscellaneous fees required under the ordinances of the
City of Richfield shall be stated in Appendix D of the Ordinance Code of the City
of Richfield.
2. The following shall be added to Section 8. Commercial Business and Trade
Licenses and Permits:
Type of Permit Section
Or License Requiring Description Fee
(9) Tobacco 1146 Retail sale and distribution -- $250.00
license issued on calendar
year (cigarette vending
machines prohibited, Bill No.
1990 -7, 4- 21 -90).
Passed by the City Council of the City of Richfield, Minnesota this 28th day of
September, 1998.
ATTEST:
Thomas P. Ferber, City Clerk
•
Martin J. Kirsch, Mayor
0 q-10
Estimated Cost of Tobacco Ordinance Enforcement 12/97
The following table summarizes an estimated range of costs for enforcing a tobacco ordinance at the
city or county level. Some items may not apply to all communities. This estimate may change as
more information is learned about the cost of compliance checks throughout Minnesota.
•
Category of Expense
Range of Cost per Unit
Annual Expenses:
30 -60 min. per license
1) License application and approval
* Staff time @ $20- $30/hr
$10 -$30 per license
2) Insgcction of retail establishment
30-60 min. per location (travel+
* Staff time @ $20- $30/hr
paperwork)
$10 -$30 per location
3) Communications with licensees (letters,
15 -30 minutes/license
handouts, forms, interpretation of
ordinance)
$5- $15/license
* Staff time @.$20-$30/hr
$5/license
* Printing expenses
Subtotal for licensing:
Cost per location: $30 - $80
Cost for one compliance check per location:
4) Recruiting and training of youth
$.50 - $2.00/16cation
(includes staff time, stipend for kids)
5) Conducting compliance checks (includes
15-45 minutes /urban location
paperwork during check)
30 -60 minutes /rural location
• 1 adult staff time @ $20- $30/hr
$5- $30/location
• 1 police staff time @ $20- $35/hr
$5- $35/location
• stipend for youth @ S5- 8.00/hr
S 1.25- $8.00/location
• budget for tobacco purchases (assume
$.83 - $1.16/location
33% purchase rate x $2.50 -$3.50 a pack)
* mileage (3 -25 miles per store @ .27 /mile)
S.81 - $6.75/location
6) Follow -up activities (letters, reports)
E
1/2 hour - 2 hours per location
* staff /police time @ S20- $35/hr
S10-S70/location
Subtotal for compliance checks:
Cost per location: $23 - $153
Cost per location (rounded): $504230
TOTAL (Licensing + compliance checks):
(Ni lidrange — $150)
Note: The estimates do not include any costs for initial set up of operational protocol for
licensing and enforcement procedures. They also do not include any cost associated with
prosecution or administrative hearings.
Source: Minnesota Department of Health. Family Heaith Division December 1997.
CITY OF RICHFIELD, MINNESOTA
Council Letter No. 237
Agenda September 28, 1998
Issue Statement:
Resolution certifying delinquent City utility (water, sewer, storm water) accounts to the
County Auditor.
Background:
Chapter VII of the Richfield Ordinance Code provides that unpaid City utility charges
may be certified to the County Auditor to be included in a property owner's annual
property tax bill. The Ordinance Code also authorizes $25 certification fee to be
charged against each delinquent account. By certifying the delinquent charges to the
property taxes for the delinquent properties, the City is assured of ultimately collecting
the delinquent charges.
At this time in 1997, the City Council gave consideration to certifying $205,850.07 for
519 properties, an average of $396.63 per account. The 1998 certification currently
under consideration totals $167,989.05 for 732 properties, an average of $229.49 per
account. Any payments received between September 15 and September 28, 1998 will
reduce the proposed certified amount.
Property owners owing utility charges were notified the first week of August and again
the first of September that failure to pay the amount owed would result in certification to
the property owners' taxes, on said properties.
Recommended Motion:
Adopt the resolution certifying unpaid City utility charges to the County Auditor to be
collected with other taxes on said properties.
Basis of Recommendation:
1. State Statute and City Ordinance provide that delinquent utility charges may be
collected in this manner.
2. The delinquent accounts must be certified to the County Auditor in order for the
City to collect the charges through the property tax process.
Alternative Recommendation:
1. Do not approve the resolution. However, the certification process is the only
process the City has used to collect these delinquent charges.
2. Council may establish a utility "shut -off' policy for delinquent accounts.
Discussion /Decision Mode:
This matter has been placed on the September 28, 1998 City Council agenda to allow
sufficient time for the charges to be certified to the County Auditor.
Respectfully submitted,
Jame Prosser
City nager
JDP:cak
RESOLUTION NO.
3-I
RESOLUTION CERTIFYING UNPAID WATER, SEWER, AND STORM WATER
CHARGES TO THE COUNTY AUDITOR TO BE COLLECTED WITH
OTHER TAXES ON SAID PROPERTIES
WHEREAS, Ordinance Code 715 establishes rules, rates and charges for water
services in the City of Richfield; and
WHEREAS, Minnesota Statutes 444.075, provides that all delinquent water
service charges not paid may be certified to the County Auditor and shall be collected
with other taxes on such property; and
WHEREAS, Ordinance Code 705 established rules, rates and charges for
sanitary sewer service in the City of Richfield; and
WHEREAS, 705.19 thereof provides that all sewer services charges not paid
within 15 days after the quarterly due date may be certified to the County Auditor with
taxes against such property, and shall be collected with other taxes on such property;
and
WHEREAS, Ordinance Code 720 established rules, rates and charges for storm
water service in the City of Richfield; and
WHEREAS, 705.19 thereof provides that all storm water services charges not
paid may be certified to the County Auditor with taxes against such property, and shall
be collected with other taxes on such property; and
WHEREAS, an assessment roll has been prepared specifying the amount which
shall be certified against each particular property.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Richfield, Minnesota that:
1. There is hereby determined to be a total uncollected amount for water, sanitary
sewer and storm sewer service of $167,989.05.
2. That a $25 certification charge shall be levied against each delinquent account;
such charges totaling $18,300.
3. That the above described assessment be spread over a period of one year at the
rate of 8% per annum.
4. That such amount be hereby certified to the County Auditor for collection with other
taxes on said properties.
5. That a copy of the resolution shall be sent to the Hennepin County Auditor.
Passed by the City Council of the City of Richfield, Minnesota this 28th day of
September, 1998.
• Martin J. Kirsch, Mayor
ATTEST:
Thomas P. Ferber, City Clerk
0 CITY OF RICHFIELD, MINNESOTA
SPECIAL CITY COUNCIL MEETING
WEDNESDAY, SEPTEMBER 30, 1998
6:30 P.M.
DECATHLON HOTEL AND ATHLETIC CLUB
1700 EAST 79TH STREET
BLOOMINGTON, MN
AGENDA
CALL TO ORDER
ROLL CALL
1. RICHFIELD MITIGATION PANEL DISCUSSION RELATED TO PROPOSED NORTH -
SOUTH RUNWAY AT MINNEAPOLIS -ST. PAUL INTERNATIONAL AIRPORT
0 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.