09-14-98 agendaCITY OF RICHFIELD, MINNESOTA
MONDAY, SEPTEMBER 14, 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 AUGUST
24,1998; (2) SPECIAL CITY COUNCIL BUDGET MEETING OF AUGUST 27,1998; (3)
REGULAR CITY COUNCIL STUDY SESSION OF SEPTEMBER 8,1998; AND (4)
SPECIAL CITY COUNCIL BUDGET MEETING OF SEPTEMBER 9, 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.
OPPORTUNITY FOR CITIZENS TO ADDRESS THE COUNCIL ON ITEMS NOT
ON THE AGENDA
2. PRESENTATION OF PROCLAMATION DESIGNATING SEPTEMBER 20-26,1998
WOMEN OF TODAY WEEK IN RICHFIELD
3. PRESENTATION OF RECOGNITION AWARD TO RUBY AND ROGER STEELE,
APARTMENT MANAGERS AT NEW ORLEANS COURT
AGENDA APPROVAL
4. COUNCIL APPROVAL OF AGENDA
CONSENT CALENDAR
5. 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
MC%.#UMMClMWCU rUM ArrMUVAL.
A. CONSIDERATION OF APPROVAL OF PROPOSED SETTLEMENT
AGREEMENT WITH MICHAELS STORES, INC. AND LUTHERAN
BROTHERHOOD RELATED TO NONCONFORMING ROOF -TOP SIGN C.L.
209
B. CONSIDERATION OF APPROVAL OF RICHFIELD PARTICIPATION IN
METROPOLITAN COUNCIL REGIONAL FISCAL IMPACT STUDY AND
FUNDING AGREEMENT C.L. 210
C. CONSIDERATION OF APPROVAL OF RESOLUTION LEVYING SPECIAL
ASSESSMENT FOR NUISANCE ABATEMENT FEES C.L. 211
D. CONSIDERATION OF APPROVAL OF RESOLUTION LEVYING SPECIAL
ASSESSMENT FOR WEED DESTRUCTION C.L. 212
E. CONSIDERATION OF APPROVAL OF FIRST AMENDMENT TO WARDEN OIL
SITE INTERIM FUNDING AGREEMENT C.L. 213
F. CONSIDERATION OF APPROVAL OF ITINERANT PLACE OF AMUSEMENT
LICENSE AND FEE WAIVER FOR BETHANY COVENANT CHURCH FALL
FESTIVAL IN COURTYARD AREA OF RICHLAND COURT APARTMENTS ON
SEPTEMBER 26, 1998 C.L. 214
G. CONSIDERATION OF APPROVAL OF ITINERANT PLACE OF AMUSEMENT
LICENSE AND FEE WAIVER FOR CHURCH OF ST. PETER'S 1998 FALL
FESTIVAL ON OCTOBER 4, 1998 C.L. 215
H. CONSIDERATION OF APPROVAL OF NEW RESIDENTIAL KENNEL
LICENSE AT 6844 COLUMBUS AVENUE, THREE DOGS C.L. 216
I. CONSIDERATION OF APPROVAL OF NEW VETERINARY LICENSE FOR
VETERINARY IMAGING CONSULTANTS, 6521 CEDAR AVENUE C.L. 217
J. CONSIDERATION OF APPROVAL OF RESOLUTION GRANTING LAWFUL
GAMBLING LICENSE AND INVESTIGATIVE FEE WAIVER FOR RICHFIELD
HOCKEY ASSOCIATION AT LARIAT LANES, 6320 PENN AVENUE C.L. 218
0 PUBLIC HEARINGS
6. CONSIDERATION OF SPECIAL ASSESSMENTS JANUARY 1 THROUGH
DECEMBER 31, 1997:
7.
is
A. PUBLIC HEARING TO ADOPT SPECIAL ASSESSMENT ROLL FOR REMOVAL
OF DISEASED TREES FROM PRIVATE PROPERTY
COUNCIL LETTER NO. 219
B. PUBLIC HEARING TO ADOPT SPECIAL ASSESSMENT ROLL FOR 77TH
STREET MAINTENANCE, CITY PROJECT NO. 922
COUNCIL LETTER NO. 220
C. PUBLIC HEARING TO ADOPT SPECIAL ASSESSMENT ROLL FOR
LYNDALE /HUB /NICOLLET MAINTENANCE, CITY PROJECT NO. 923
COUNCIL LETTER NO. 221
D. PUBLIC HEARING TO ADOPT SPECIAL ASSESSMENT ROLL FOR ALLEY
MAINTENANCE, CITY PROJECT NO. 924
COUNCIL LETTER NO. 222
A. PUBLIC HEARING TO CONSIDER SPECIALLY ASSESSING 77TH STREET
PROJECT AREA FOR CURRENT MAINTENANCE SERVICES, CITY PROJECT
NO. 949
•
COUNCIL LETTER NO. 223
B. PUBLIC HEARING TO CONSIDER SPECIALLY ASSESSING
LYNDALE /HUB /NICOLLET AREA FOR CURRENT MAINTENANCE SERVICES,
CITY PROJECT NO. 948
COUNCIL LETTER NO. 224
8. PUBLIC HEARING REGARDING APPEAL TO BOARD OF ADJUSTMENT AND
APPEALS OF VARIANCE DENIAL FOR 6600 JAMES AVENUE
COUNCIL LETTER NO. 225
9. 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. 226
10. 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. 227
11. 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. 228
12. 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. 229
13. 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. 230
RESOLUTIONS
14. CONSIDERATION OF RESOLUTION AUTHORIZING TEMPORARY CLOSURE
OF ALLEY LOCATED NORTH OF 710 LAKE SHORE DRIVE
COUNCIL LETTER NO. 231
15. CONSIDERATION OF RESOLUTION AUTHORIZING TEMPORARY USE OF
PUBLIC RIGHT OF WAY BY GRAMERCY CORPORATION
COUNCIL LETTER NO. 232
16. CONSIDERATION OF 1998 REVISED /1999 PROPOSED BUDGET
RESOLUTIONS ADOPTING 1999 PRELIMINARY PROPERTY TAX LEVY, TRUTH
IN TAXATION HEARING DATES AND CANCELING 1999 AD VALOREM LEVY
FOR CURRENT SPECIAL ASSESSMENT BONDS
COUNCIL LETTER NO. 233
ADMINISTRATIVE REPORTS AND OTHER BUSINESS
17. CONSIDERATION OF PLANS AND SPECIFICATIONS AND AUTHORIZATION TO
ADVERTISE FOR BIDS FOR MONROE /FAIRWOOD PARK PLAY EQUIPMENT
IMPROVEMENTS
COUNCIL LETTER NO. 234
AIRPORT BUSINESS
18. CONSIDERATION OF STATUS REPORT REGARDING GOLF COURSE
REPLACEMENT
0 COUNCIL LETTER NO. 235
19. AIRPORT STATUS REPORT
20. LEGISLATIVE REPORT
CORRESPONDENCE
COUNCIL CHOICE
21. COUNCIL DISCUSSION ITEMS
22. CLAIMS AND PAYROLLS
23. 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.
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CITY OF RICHFIELD, MINNESOTA
Council Letter No. 23.5
Agenda September 14, 1998
Issue Statement:
Status report regarding golf course replacement.
Background:
The Rich Acres Golf Course is located on property leased from the Metropolitan
Airports Commission. MAC projects golf course operations will cease at the end of next
year. The City has been working with the Minneapolis Park and Recreation Board on a
replacement site in the Fort Snelling area.
Recommended Motion:
Receive a report from George Watson regarding the status of golf course replacement.
Basis of Recommendation:
To update the Council and the public regarding efforts to replace the Rich Acres Golf
Course.
Alternative Recommendation:
The Council may defer this discussion to another time.
Discussion /Decision Mode:
This matter will be presented for discussion at the City Council meeting of September
14.
Respectfully submitted,
Jam D. Prosser
City Manager
JDP:cak
•
CITY OF RICHFIELD, MINNESOTA /
Council Letter No. 234
Agenda September 14, 1998
Issue Statement:
Approve plans and specifications and authorize advertisement for Monroe / Fairwood
Park play equipment improvements.
Background:
The Council has authorized $148,500 in special revenues for the funding of the 1998
park play equipment improvements at Monroe Park and Fairwood Park. The two parks
are often treated as one park site as Monroe Park, vicinity of 67th Street and Irving
Avenue, is only about a half block from Fairwood Park, vicinity of 67th Street and Knox
Avenue.
Invitations announcing four neighborhood meetings were mailed to all residents from
66th Street to 70th Street, and Penn Avenue to I -35W. Notice of the July 16 meeting
was mailed only to attendees at previous meetings. Discussion of the park play .
equipment at the neighborhood meetings expanded to include other neighborhood
concerns. These concerns were used to create a master plan for the park for future
use. The attached summary of the June 27, 1998 neighborhood meeting indicates the
neighborhood desires related to the park(s).
The purpose of the proposed action before the Council at this time relates solely to play
equipment. The wood product equipment currently on the Monroe Park site was
purchased and installed in the early 1980's. The concrete water slide currently on the
Fairwood Park site was installed at the same time. Consumer Product Safety
Commission guidelines and ADA (Americans with Disabilities Act) requirements have
changed since the original installations. The Community Services Commission is in
unanimous agreement with the master concept plan for Monroe Park and Fairwood
Park and with the proposed play equipment design and location.
SRF Consulting Group, Inc. has been retained to provide the consulting services
related to the play equipment. George Watson will be in attendance at the Monday,
September 14, 1998 City Council meeting to answer questions.
Recommended Motion:
Approve the plans and specifications and authorize advertisement for bids for the
Monroe / Fairwood Park play equipment project.
Basis of Recommendation:
1. The Council has determined play equipment at Monroe Park and Fairwood Park is
• to be improved as a project in the adopted 1998 Capital Budget.
/0-/
2. The neighborhood was invited to participate in the design of the park
improvements and those attending the meetings are in agreement with the plan.
3. Members of the Community Services Advisory Commission attended the
neighborhood meetings. The commission has reviewed and is in agreement with
the plans for the park and play equipment.
Alternative Recommendation:
1. Do not do any play equipment improvements at Monroe Park and /or Fairwood
Park at this time.
2. Amend the plans for the Monroe / Fairwood Park play equipment project.
Discussion /Decision Mode:
This item is scheduled for the September 14, 1998 Council meeting. Council may
choose to delay action to advertise for bids as it is unlikely construction will take place
in 1998. However, the consultant believes this may be the best time to obtain
reasonable prices for work to be done in 1999.
Respectfully submitted,
Ja s D. Prosser
City Manager
JDP:ds
• June 27, 1998
Fairwood /Monroe Park Planning
Neighborhood Meeting
Richfield Junior High School
The following represents the understanding of George Watson, Brauer and Associates, LTD., of
the conclusions reached by the neighbors attending the Saturday, June 27, 1998 morning
meeting at Richfield West Junior High School:
PARK BUILDINGS
• The existing building in Monroe Park should not be fixed up and put back into service as a
program structure.
• The same money needed to renovate the Monroe Park building would be better spent on a
new, more appealing park building.
• The location of the program building be Fairwood Park.
• The new building be suitable for use as a summer program center and warming facility.
• This new program structure provide a covered picnic area.
• A one to two family picnic shelter be constructed in Monroe Park.
• The Monroe picnic shelter be located near the new play feature to provide a seating area for
adults while their children play.
• The Monroe picnic shelter be located on the elevated extension of West 67th Street through
• the park.
MONROE PARK DRAINAGE
The suggested permanent lift station be installed to handle the ponding problem in the south
half of the park.
Further studies should be undertaken to determine how to deal with the drainage in the
north half of Monroe.
The engineer should determine the duration of the ponding, with the proposed lift station in
place, for a typical summer storm condition.
FAIRWOOD PARK DRAINAGE
• The engineer should determine the frequency, likely season for and effect of storm water
runoff from West 67th Street into Monroe Park.
PARK SECURITY
• Play areas, buildings, etc. should be located in areas of the park that are readily visible and
easily patrolled.
• The neighborhood should form a park watch program in conjunction with the Richfield
Public Safety Department.
• The only way to deal with graffiti is by prompt police notification by the neighbors.
• • The elevated extension of West 67th Street through Monroe Park should be developed in a
manner that will allow patrolling of the park but not allow vehicular movement through the
park.
/ ")-3
Fairwood /Monroe Neighborhood Park Planning Meeting
June 27, 1998
Page 2 of 2
PATHS IN MONROE PARK
• Path connection between Fairwood Park and Monroe Park, long the south side of West 67th
Street, should not be included in the plan.
• Paths in Monroe Park should be designed to discourage vehicular movement through the
park.
• Paths in Monroe Park should be moved or elevated to minimize ponding on the paths.
PATHS IN FAIRWOOD PARK
• Paths in Fairwood Park should be limited to those required to connect elements within the
park with adjacent streets to accommodate ADA requirements.
GENERAL ICE SKATING
• A general skating area should be provided in Fairwood Park.
• Skating area should be related closely with the new park program building.
• All agreed that operation costs will have to be monitored to determine if the skating is a
• significant recreational value.
• Neighbors indicated that the idea of a neighborhood volunteer staff was one they would
pursue in light of operational cost concerns.
MONROE BASKETBALL COURT
• Should be elevated to keep the court from being flooded during the typical summer storm.
MONROE VOLLEYBALL COURT
• Should be relocated or in some manner kept from flooding so frequently.
PLAY FEATURES
• Play areas should not include water related features.
• Age appropriate equipment (elementary, preschool and perhaps pre -teen) in separate
containers should be provided.
• Preschool and elementary age equipment should be located in close association with the
new Fairwood Park program building.
• It is not necessary to duplicate play features in each park.
LANDSCAPE PLANTING
• Additional planting in Monroe Park should be limited to that needed to provide shade for
play feature, etc.
• No new planting in Monroe Park that would hinder security and views into the park.
• No additional over story plantings should be used in Fairwood Park.
. CITY OF RICHFIELD, MINNESOTA
Council Letter No. 233
Agenda September 14, 1998
Issue Statement:
Consideration of 1998 Revised /1999 Proposed budget resolutions adopting 1999
preliminary property tax levy, Truth in Taxation hearing dates and canceling 1999 ad
valorem levy for current special assessment bonds.
Background:
As required by the Truth in Taxation legislation (MS 275.065) each "taxing authority"
must certify its proposed property tax levy for payable year 1998 to the County Auditor
on or before September 15, 1998. "Taxing authority" includes all counties, all school
districts, all cities regardless of population, all towns and all special taxing districts. Nc
local units of government are exempted from this requirement.
In addition, each "taxing authority" must certify to their County Auditor the dates that
have been selected for the Truth in Taxation hearings by September 15, 1998. The
date for this hearing must not conflict with the hearing dates of the county or of the
school district in which the "taxing authority" is located. This Truth in Taxation public
• hearing must be held between November 30 and December 20, 1998.
Before the City Council takes action on these issues, a presentation and discussion of
the 1998 Revised /1999 Proposed budget and 1999 preliminary property tax levy occurs
at a Special City Council meeting(s). To that end, two special, televised City Council
meetings were held, pursuant to the City Charter, for this purpose. City staff presented
the budget and proposed tax levy to the City Council in a discussion format. This was
similar to the budget presentation format that has been used in the past.
In addition to the 1998 Revised /1999 Proposed budget and preliminary property tax
levy, City staff is also recommending dates for this year's Truth in Taxation public
hearings. It is recommended that this year's hearings be set for 7 p.m. Monday,
December 7, 1998 with a continuation date of 6 p.m. Monday, December 14, 1998. As
Council Members are aware, at these public hearings, the tax levy may be reduced
from the preliminary tax levy, but not increased.
All official action concerning the preliminary tax levy and setting dates for the Truth in
Taxation hearings must be concluded before September 15, 1998.
In addition to the proposed tax levy and Truth in Taxation public hearing dates, the
County requests that the series of resolutions which cancel a portion of the ad valorem
tax levy for current special assessment bonds be adopted with the preliminary levy
instead of with the final levy at the end of the Truth in Taxation hearings. This assists
the County in updating its records in a more timely manner.
/(0,/
The City is canceling the 1998 ad valorem tax levy for current special assessment
bonds; and therefore has no 1998 tax levy for special assessment debt.
Recommended Motion:
Receive the 1998 Revised /1999 Proposed budget and adapt the resolution establishing
the 1999 preliminary property tax levy and proposed dates for the Truth in Taxation
hearings and resolutions contained in the budget canceling special assessment levy.
Basis of Recommendation:
1. The City Charter establishes September 1, 1998 as the last day for City staff to
present a 1998 Revised /1999 Proposed budget to the City Council. While the Truth
in Taxation statute has overridden the Charter process for budget adoption, City
staff still follows the Charter provisions which are not in conflict with the Truth in
Taxation statute.
2. Truth in Taxation timelines establish the process that must be followed to adopt a
preliminary property tax levy. September 15 is the deadline for cities to submit a
1999 proposed property tax levy and Truth in Taxation hearing dates to the County
Auditor.
3. The August 27 and September 9 Special Council meetings provided an informal
setting to discuss the proposed budget and tax levy prior to the deadline for official
City Council action.
Alternative Recommendation:
1. The City Council could adopt either a greater or lesser 1999 preliminary property tax
levy, 1998 Revised /1999 Proposed budget or select other allowable Truth in
Taxation hearing dates.
Discussion /Decision Mode:
The September 14, 1998 City Council meeting is the last regular City Council meeting
at which the 1999 proposed property tax levy and dates for the Truth in Taxation
hearings may be adapted before the September 15, 1998 deadline.
Respectfully submitted,
Ja D. Prosser
City arr
ger
• SLD:cak
• RESOLUTION NO.
RESOLUTION ADOPTING A PROPOSED BUDGET AND TAX LEVY
FOR THE YEAR 1999
WHEREAS, the Minnesota Truth in Taxation law provides for a proposed tax
levy to be certified to the County Auditor by September 15, 1998, and then recertified
before December 31, 1998.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Richfield, Minnesota as follows:
1. The proposed budget for the City of Richfield for the year 1999 is hereby
approved and adopted with appropriations for each of the departments to be
as follows:
General Fund
Leg islative /Executive
Administrative Services
Public Safety
Community Development
Public Works
Recreation Services
Transfers
TOTAL GENERAL FUND
$ 687,360
980,440
8,023,440
245,040
3,182,510
1,425,250
28,400
$14,572,440
2. The estimated gross revenue of the City of Richfield from all sources,
including general ad valorem tax levies as hereinafter set forth for the year
1998 which are more fully detailed in the City Manager's official copy of the
1998 budget, are hereby found and determined to be as follows:
TOTAL GENERAL FUND $14,572,440
3. There is hereby levied upon all taxable property in the City of Richfield a
direct ad valorem tax in the year 1998 payable in 1999 for the following
purposes and in the following amounts:
PURPOSE AMOUNT
GENERAL FUND1 $ 8,054,792 2
is t&-3 1 Provision has been made in the General Fund for the payment of the City's
contributory share to Public Employees' Retirement Association. All
authorized levies for debt service will be canceled as there are sufficient
funds available to pay 1999 principal and interest. See separate resolutions
for the cancellation of the tax levies for debt service.
2 General Fund Levy included all fiscal disparities distribution and HACA
amounts.
4. The proposed budget for the Housing and Redevelopment Authority of
Richfield for the year 1999 is hereby ratified and approved. There is hereby
levied upon all taxable property in the City of Richfield a direct ad valorem tax
in the year 1998, payable in 1999 for the following purposes:
PURPOSE AMOUNT
Housing and Redevelopment
Authority $ 185,000
5. A certified copy of this resolution shall be transmitted to the County Auditor.
is 6. The Truth in Taxation public hearings shall be set for 7:00 p.m. December 7,
1998 with a continuation hearing at 6:00 p.m. December 14, 1998 if
necessary.
Adopted by the City Council of the City of Richfield, Minnesota this 14th day of
September, 1998.
ATTEST:
Thomas P. Ferber, City Clerk
n
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Martin J. Kirsch, Mayor
0 RESOLUTION NO. / & s
•
RESOLUTION AUTHORIZING CANCELLATION OF CERTAIN AD VALOREM TAX
LEVIES ON THE IMPROVEMENT BONDS OF 1980
WHEREAS, Resolution No. 6310 provided for the sale of $6,100,000
Improvement Bonds of 1980 and provided for taxes to be levied for the payment of
principal and interest thereon; and
WHEREAS, Resolution No. 6310 certified an ad valorem tax levy for 1999 of
$472,900 for payment of principal and interest on the Improvement Bonds of 1980; and
WHEREAS, it appears desirable to cancel certain ad valorem tax levies to be
levied for 1999, due to substantial prepayment in previous years of special
assessments and the investment return on these funds; and
WHEREAS, there are presently funds available in the Improvement Bonds of
1980 Fund to pay current principal and interest on such bonds; and
WHEREAS, the ad valorem tax levy requirement includes a 5 percent excess
provision.
NOW, THEREFORE, BE IT RESOLVED by City Council of the City of Richfield,
Minnesota as follows:
1. That the amount levied in 1998, collectible in 1999 on Resolution No. 6310 in the
amount of $472,900 is hereby canceled.
2. That a copy of this resolution shall be sent to the Hennepin County Auditor.
Adopted by the City Council of the City of Richfield, Minnesota this 14th day of
September, 1998.
ATTEST:
Thomas P. Ferber, City Clerk
Martin J. Kirsch, Mayor
• CITY OF RICHFIELD, MINNESOTA
Council Letter No. 232
Agenda September 14, 1998
Issue Statement:
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 is scheduled on the City Council agenda for September 14,
1998.
Resp c I submitted,
Jam . Prosser
4pCity Manager
JDP:cak
M RESOLUTION NO. J
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
I5 -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 14th day of
September, 1998.
ATTEST:
Thomas P. Ferber, City Clerk
•
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Martin J. Kirsch, Mayor
• EXHIBIT A 1:5-3
Property Address: 710 Lake Shore Drive
Legal Description:
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.
•
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Temporary Occupancy of Walkway
Gramercy Park Cooperative Construction
,w /
F�
e
Unbuilt Public Walkway
Alley to be temporarily closed
HRA -owned properties
710 Lake Uore Drive
(D
Q
ID
a
50 0 50 100 Feet
A
August 28, 1998
LA(
AFT
TEMPORARY OCCUPANCY AGREEMENT J67-5—
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 or, 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 BRA and CITY as the case may,
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.
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.
•
RJL- 148774
RC125 -185
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.
H. 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
16 -9
i(e) Shall avoid or minimize the extent, if any, to which it causes,
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.
RJL, 148774
Rc125 -185 3
•
•
GRAMERCY CORPORATION
By: By:
Its: Its:
And:
Its:
STATE OF MINNESOTA )
SS
COUNTY OF HENNEPIN )
CITY OF RICHFIELD
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 corporation 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.
Notary Public
RJIr148774
RC125 -185 4
CITY OF RICHFIELD, MINNESOTA /
Council Letter No. 231
Agenda September 14, 1998
Issue Statement:
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
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:
Consideration of this item is scheduled on the City Council agenda for September 14,
1998.
Respe u submitted,
James . Prosser
City Manager
JDP:ds
•
•
•
Temporary Alley Closure
Gramercy Park Cooperative Construction
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Alley to be tempors
HRA -owned proper.....,....
50 0 50 100 Feet
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August 28, 1998
s
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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
I q -�)
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)
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 14th day of
September, 1998.
ATTEST:
Thomas P. Ferber, City Clerk
•
Martin J. Kirsch, Mayor
. CITY OF RICHFIELD, MINNESOTA 13
Council Letter No. 230
Agenda September 14, 1998
Issue Statement:
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.
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
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 a 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:
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 4 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:
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.
f
is 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
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 the public health,
safety or welfare because the relocation is temporary, and the VFW is a club
Is 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.
10. On September 14, 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.
133
Discussionn /Decision Mode:
A public hearing is scheduled for 7:00 p.m. on Monday, September 14, 1998. The
hearing will be held in the City Council Chambers of Richfield City Hall, 6700 Portland
Avenue.
Respectfully submitted,
Jam D. Prosser
City Manager
JDP:ds
0
•
0 ATTACHMENT A /3'Y
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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CITY OF RICHFIELD, MINNESOTA
Council Letter No. 229
Agenda September 14, 1998
Issue Statement:
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:
That an easement for an entrance monument in the southeast corner of the property
be recorded.
2. That utility easement be established for the water main located on the east side of
the property.
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.
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3. A utility easement will be established for the water main located along the east
property line.
4. 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.
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 is scheduled for 7:00 p.m. on Monday, September 14, 1998 in the
Council Chambers, Richfield City Hall, 6700 Portland Avenue.
Respectfully submitted,
J m D. Prosser
• Ci anager
JDP:ds
•
•
•
RESOLUTION NO. ID-a-
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 14, 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:
1. 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.
Adopted by the City Council of the City of Richfield this 14th 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. 228
Agenda September 14, 1998
Issue Statement:
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 square foot 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.
8_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.
Alternative Recommendation:
1. Deny the vacation.
2. Refer the vacation to the Planning Commission.
Discussion /Decision Mode:
A public hearing and second reading are scheduled for 7:00 p.m. September 14, 1998
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,
Jam D. Prosser
City Manager
JDP:ds
i BILL NO. ! / —a
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.
0 (refer to herein as the "Vacated Area ")
11-3
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.
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 14th 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. 227
Agenda September 14, 1998
Issue Statement:
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 square feet.
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 square foot 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 square foot second floor will include bar and office space. The 5,000 square foot
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.
I o-I
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
reserved in the southeast corner of the property for future boulevard landscaping and a
public entrance monument to the Richfield Lake Area.
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 square foot 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
/0-C-�,
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.
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 subject
property will also be replaced.
8. There is a public need for such 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 - Current and mailed to property
owners and occupants within 350 feet of the subject property.
• 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.
l0 -3
. Discussion /Decision Mode:
A public hearing is scheduled for 7:00 p.m. on Monday, September 14, 1998. The
hearing will be held 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,
Ja D. Prosser
Ci anager
JDP:ds
•
•
RESOLUTION NO. I O T
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 square foot 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:
1. A conditional use permit is issued for a 218 -unit senior housing
cooperative and 8,000 square foot 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 14th day of
September, 1998.
ATTEST:
Thomas P. Ferber, City Clerk
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Martin J. Kirsch, Mayor
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CITY OF RICHFIELD, MINNESOTA
Council Letter No. 226
Agenda September 14, 1998
Issue Statement:
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 (PMR). 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 square foot 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.
01 -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:
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 in the City 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.
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.
10. The terms and conditions proposed to maintain the integrity of the plan are
sufficient to protect the public interests. Additional right -of -way will be obtained
g /I -OL
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.
Alternative Recommendation:
Deny the planned unit development plan and rezoning.
Discussion /Decision Mode:
A public hearing is scheduled for 7:00 p.m. on September 14, 1998 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,
Ja D. Prosser
City Manager
JDP:ds
•
BILL NO. 9 -3
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 allev. parallel to and between Lake Shore Drive and Graham
Avenue, and Graham Avenue, and between the center line of
Lyndale Avenue the northwesterly lines of Lots 22, Block 3, Fairwood Shores
Addition.
B. Section 8, Paragraph (5), is amended to read as follows:
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 14th day of
September, 1998.
ATTEST:
Thomas P. Ferber, City Clerk
Martin J. Kirsch, Mayor
Attachment A
.................... ......:...................... .......... ........:....
Use multiple family; commercial; multiple single family
commercia I family
Front Setback*
25 feet
30 feet
35 feet
30 feet
.......................................................................................................................................................................................................................................
Rear Setback
25 feet
bldg. ht.
20 feet
25 feet
Side Interior Setback
12 feet
............
bldg. ht:
3 feet
.......---...................................................----
5 feet
............................ ...............................
Streetside Setback
15 feet
........
30 feet
........- .................
25 feet
.............................
12 feet
...............................................................................
Height
140 feet
35 feet
40 feet
25 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. 225
Agenda September 14, 1998
Issue Statement:
Public hearing regarding an appeal to the Board of Adjustment and Appeals of a
variance denial for 6600 James Avenue.
Background:
The owner of 6600 James Avenue requested front yard setback and lot coverage
variances to add a third garage stall onto the existing house. The addition would have
a 17 -foot front setback where 30 feet is required, and the lot coverage would be 262
square feet over the limit of 2500 square feet.
The house currently has a two -car attached garage. The applicant wants to build the
third stall because he has an ill niece living with him who requires greater room to move
to and from her car. The car area needs to be heated as the cold is difficult for her with
her illness.
The Hearing Examiner denied the variance request because the case does not meet
the first and second tests necessary to grant a variance. There is not an undue
• hardship that denies the applicant reasonable use of the property; there is currently a
two -car attached garage on the property. The hardship suffered by the applicant does
not provide a land use basis for meeting the first test. In addition, the Hearing
Examiner found that the unique circumstances of the property were created by the
previous owner; the house was originally constructed with a variance and is of such a
size that there is essentially no buildable area left on the lot.
The front yard is technically to the east of the house where James Avenue is platted but
was never constructed. If 66th Street were considered the front yard, the proposal
would require both front and rear yard variances.
Recommended Motion:
Deny the variance appeal on the basis that the variance does not meet the City and
State tests for granting a variance.
Basis of Recommendation:
1. There is not an undue hardship that denies the applicant reasonable use of the
property. There is currently an attached, two -car garage on the property.
2. There are unique circumstances related to the property; however, the
circumstances were created by someone with interests in the property.
0 3. Notice of the hearing was published in the Sun - Current and mailed to property
owners and occupants located within 350 feet of the subject property.
� -I
Alternative Recommendation:
Approve the request for a variance with a finding that the variance meets the City and
State tests for a variance.
Discussion /Decision Mode:
A public hearing is scheduled for 7:00 p.m. on Monday, September 14, 1998. The
hearing will be held in the City Council Chambers, Richfield City Hall, 6700 Portland
Avenue.
Respectfully submitted,
Jai ies . Prosser
City Manager
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City Manager Mayor Council
James D. Prosser Martin J. Kirsch Susan Rosenberg Kristal Stokes
Michael Sandahl Russ Susag
VflRmn0E recision
Based upon the evidence presented at the hearing, the undersigned makes the following
findings of fact, determinations, and decision:
FINDINGS OF FACT
1. Notice of public hearing was proper. Notice was published in the Sun - Current
0 and mailed to property owners and occupants within 350 feet of the site as
required by City Ordinance. The ten day notice requirement was also met.
2. The street address and legal description of the property in question are as
follows: 6600 James Avenue; North half of Lot 1, Block 1, Fairwood Park
Addition
•
3. The zoning of the site in question is R (single family residential).
4. The variances requested are to Section 521.11, subds. 2 and 4 of the 1995
Zoning Code. The variance would reduce the front setback from 30 feet to 17
feet and maximum lot coverage from 2,500 square feet to 2,762 square feet.
5. The reason for the request is to allow construction of a garage addition.
6. A decision is being made within 60 days of the submission of a complete
application. The applicant submitted a complete application on June 2 1998,
requiring a decision by August 1, 1998.
The Urban Hometown
An Equal Opportunity Employer
Variance Decision
6600 James Avenue
Page 2 ?-4
DETERMINATIONS
Minnesota Statutes Section 462.357, Subdivision 6, provides for the granting of
variances to the literal provisions of the zoning regulations in instances where their
enforcement would: cause undue hardship to the owners of the property under
consideration. In determining whether to grant or deny the requested variance, I
specifically make the following conclusions:
1. Would strict enforcement of the literal provisions of the ordinance cause undue
hardship, because the property could not reasonably be used under the conditions
of the official controls?
I conclude:
There is not an undue hardship which denies the applicant reasonable use of the
property. While the applicant's family member has health issues that cause a hardship,
there is currently a double car garage on the property which provides reasonable use of
the property.
2. Are there unique circumstances or unusual conditions affecting the property or
building which were not created by the land owner?
• I conclude:
There are unique circumstances related to the property; however, the circumstances
were created by someone with interests in the property.
3. Will the granting of the variance alter the essential character of the neighborhood or
locality?
I conclude:
There would be no adverse impacts on the neighborhood. The design of the
addition would be integrated with the existing dwelling.
4. Is the variance being requested the minimum variance necessary to alleviate the
undue hardship?
I conclude:
The variance requested is the minimum variance necessary to alleviate the undue
hardship. There is no hardship that denies the applicant reasonable use of the
property.
•
•
Variance Decision
6600 James Avenue
Page 3
9-5",
5. Are there any stipulations which must be attached to the granting of the variance to
ensure compliance and to protect adjacent properties? (If yes, specify stipulations
under "DECISION ").
I conclude: (circle one) YES 6L)
DECISION
Based upon the determinations, the request is
STIPULATIONS:
1.
2.
NOTE. THIS VARIANCE WILL EXPIRE ONE YEAR AFTER THE DATE ISSUED UNLESS THE
CONSTRUCTION WORK REQUIRING THE VARIANCE HAS BEEN COMPLETED.
APPEALS
Any party not in agreement with the decision of the Hearing Examiner may appeal the
decision by delivering a notice of appeal within ten days of the date the decision is
filed. The appeal shall be to the Board of Adjustment and Appeals c/o Community
Development Director, 6700 Portland Avenue South, Richfield, MN 55423
HEARING EXAMINER
CITY OF RICHFIELD
DATE:
Copy: Tom Ferber, City Clerk
Rick Regnier, Building Official
i
CITY OF RICHFIELD, MINNESOTA
Council Letter No. 224
Agenda September 14, 1998
Issue Statement:
Public hearing to consider specially assessing the Lyndale /HUB /Nicollet (LHN) area for
current services for the period January 1 through December 31, 1999, proposed City
Project No. 948 (415 -35 -635).
Background:
The City Council has scheduled a public hearing for September 14, 1998 to consider
the establishment of a special assessment district for current maintenance service costs
in the LHN redevelopment area. Notice of this public hearing was mailed to all owners
of commercial property in the area and was published in the official newspaper as
required by law.
The higher level of maintenance proposed to be provided in the area includes the
trimming and watering of trees and plants, operation of a special street lighting system,
removal of snow and ice from sidewalks and performance of other specialized
maintenance functions.
The estimated maintenance cost for the period January 1 through December 31, 1999
• is $50,640. All commercial properties would be assessed on the basis of area, with
each square foot of assessable property to be assessed equally, for the costs incurred
in the maintenance of common areas such as street islands, the civic plaza and
sidewalks. There is an agreement between the City and the businesses that the
business shall maintain the property behind the curb. In the event the City must
perform this maintenance, the particular business is assessed for the cost of the
special, individual maintenance of direct benefit to the given property.
For comparison purposes, the following is provided related to the LHN maintenance
special assessments for current services:
1988 Estimated
$50,142
1988 Actual
$44,405.24
1989 Estimated
$40,614
1989 Actual
$43,151.19
1990 Estimated
$44,560
1990 Actual
$43,539.10
1991 Estimated
$44,153
1991 Actual
$43,825.22
1992 Estimated
$46,484
1992 Actual
$47,005.26
1993 Estimated
$45,050
1993 Actual
$34,866.01
,-&) 6- /
1994 Estimated
1994 Actual
$45,115
$44,635.70
1995 Estimated
$45,516
1995 Actual
$36,105.50
1996 Estimated
$46,080
1996 Actual
$48,118.39
1997 Estimated
$47,730
1997 Actual
$31,208.46
1998 Estimated
$49,165
1999 Estimated
$50,640
Recommended Motion:
Close the public hearing and adopt the resolution ordering the LHN maintenance work
for the period January 1, 1999 through December 31, 1999, proposed City Project No.
948 (415 -35 -635), to be performed and the costs specially assessed.
Basis of Recommendation:
1. Notice of the proposed assessment has been published in the official newspaper.
2. Each affected property owner has been notified of the proposed assessment.
3. Continued maintenance service for this commercial area is recommended in order to
• sustain the current standards for landscaping and maintenance which have been
successful over the past years.
Alternative Recommendation:
None.
Discussion /Decision Mode:
A public hearing has been scheduled for the September 14, 1998 City Council meeting.
Respectfully submitted,
Ja D. Prosser
City anager
JDP:cak
•
�! s
• RESOLUTION NO.
RESOLUTION ORDERING UNDERTAKING OF CURRENT SERVICE PROJECT
LYNDALE /HUB /NICOLLET (LHN) MAINTENANCE
JANUARY 1 THROUGH DECEMBER 31, 1999 -
PROPOSED CITY PROJECT NO. 948 (415 -35 -635)
WHEREAS, pursuant to ordinance, the City Council of the City of Richfield did
establish a special assessment district and did propose that certain services be
undertaken by the City in the Lyndale /HUB /Nicollet Redevelopment Area approximately
bounded by 64th Street, First Avenue, 67th Street and Emerson Avenue and that the
cost of such services be specially assessed against benefited property, and
WHEREAS, the City Council of the City of Richfield did also by such resolution
set the date of public hearing on the undertaking of such current service project and the
levying of special assessment to bear the cost thereof, and
WHEREAS, following due notice, such public hearing was held on September
14, 1998 at which time all interested parties desiring to be heard were given an
opportunity to be heard.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Richfield, Minnesota, as follows:
1. That the following examples of current services of the City shall be
undertaken by the City within the LHN Redevelopment Project Area, which area
constitutes the special assessment district with the exception of single family, two family
and multifamily residential properties, with the cost of such services to be specially
assessed against the benefited property within the district:
a. Snow, ice or rubbish removal;
b. Weed elimination;
c. Elimination or removal of public health or safety hazards from private
property, excluding any structure included under the provisions of Minnesota
Statutes Section 463.15 to 463.26;
d. Installation and repair of water service lines;
e. Street sprinkling or other dust treatment of streets;
f. Trimming and care of trees and the removal of unsound trees;
g. Repair of sidewalks, crosswalks and other pedestrian walkways;
h. Operation of the street lighting system;
I. Maintenance of landscaped areas and other public amenities on or adjacent
to street right -of -way;
j. Maintenance of civic plaza;
k. Snow removal and other maintenance of streets;
I. Painting and repair of wood furniture; and
m. General maintenance, including repairs and replacement.
2. The work to be performed may be by day labor, by City force, by contract or
by any combination thereof.
3. The designated period of the project shall be from January 1 through
. December 31, 1999. Costs of the project shall be collected in the manner provided in
the Richfield Ordinance Code.
Passed by the City Council of the City of Richfield, Minnesota, this 14th day of
September, 1998.
ATTEST:
Thomas P. Ferber, City Clerk
Ir'1
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•
Martin J. Kirsch, Mayor
'7a
CITY OF RICHFIELD, MINNESOTA
Council Letter No. 223
Agenda September 14, 1998
Issue Statement:
Public hearing to consider specially assessing the 77th Street Project Area for current
maintenance services for the period of January 1 through December 31, 1999 -
proposed City Project No. 949 (417 -35 -645).
Background:
The City Council has scheduled a public hearing for September 14, 1998 to consider
the establishment of a special assessment district for current maintenance service costs
in the 77th Street Project Area between 1 -35W and Cedar Avenue. Notice of this public
hearing was mailed to all owners of commercial property in the area, and published in
the official newspaper as required by law.
The higher level of maintenance proposed to be provided in the area includes the
trimming and watering of trees and plants, repair of sidewalks, trash and litter removal,
irrigation maintenance and repair, and removal of snow and ice from sidewalks,
maintenance of the sound wall barrier and performance of other specialized
maintenance functions.
The estimated cost for the period January 1 through December 31, 1999 is $80,000.
All commercial properties would be assessed on a square foot basis.
For comparison purposes, the following is provided related to the 77th Street project
maintenance special assessments for current services:
1988 Actual
$7,001.47
77th St. /Lyndale - Harriet Aves.
1989 Estimated
$7,254
At It
1989 Actual
$6,135.54
It it
1990 Estimated
$7,514
" It
1990 Actual
$7,662.52
It "
1991 Estimated
$7,780
It It
1991 Actual
$8,855.46
it "
1992 Estimated
$8,894
It It
1992 Actual
$7,031.70
it It
1993 Estimated
$9,200
At It
1993 Actual
$3,614.94
It It
1994
-0-
1995 Estimated
$18,000
77th St/35W - Portland Ave.
1995 Actual
$10,569.06
1996 Estimated
$33,795
77th St/35W - Cedar Ave.
1996 Actual
$36,850.01
1997 Estimated
$58,973
1997 Actual $44,729.90
1998 Estimated $74,765
1999 Estimated $80,000
Recommended Motion:
Close the public hearing and adopt the resolution ordering the 77th Street Project Area
maintenance work for the period January 1, 1999 through December 31, 1999
(proposed City Project No. 949, 417 -35 -645) to be done and the costs to be specially
assessed to commercial properties in the district.
Basis of Recommendation:
1. Notice of the proposed assessment has been published in the official newspaper.
2. Each affected property owner has been notified of the proposed assessment.
3. Continued maintenance service for this commercial area is recommended in order to
sustain the current standards for landscaping and maintenance which have been
successful over the past years.
Alternative Recommendation:
None.
• Discussion /Decision Mode:
A public hearing has been scheduled for the September 14, 1998 City Council meeting.
Respectfully submitted,
Jam s (nager rosser
City
JDP:cak
•
1)'6-aL
. RESOLUTION NO.
RESOLUTION ORDERING UNDERTAKING OF CURRENT SERVICE PROJECT
77TH STREET PROJECT AREA - CITY PROJECT NO. 949 (417 -35 -645)
JANUARY 1 THROUGH DECEMBER 31, 1999
WHEREAS, pursuant to ordinance, the City Council of the City of Richfield did
establish a special assessment district and did propose that certain current services be
undertaken by the City in the 77th Street Project Area, approximately bounded by I-
35W, 77th Street, 1 -494 and Cedar Avenue and that the cost of such services be
specially assessed against benefited property, and
WHEREAS, the City Council of the City of Richfield did also by such resolution
set the date of the public hearing on the undertaking of such current service project and
the levying of special assessment to bear the cost thereof, and
WHEREAS, following due notice, such public hearing was held on September
14, 1998 at which time all interested parties desiring to be heard were given an
opportunity to be heard.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Richfield, Minnesota as follows:
1. That the following examples of current services of the City shall be
undertaken by the City within the 77th Street Project Area, which area constitutes the
special assessment district with the exception of single family and two family residential
properties, plus the two churches in the area, with the cost of such services to be
specially assessed against the benefited property within the district:
a. Snow, ice or rubbish removal;
b. Weed elimination;
C. Elimination or removal of public health or safety hazards from private
property, excluding any structure included under the provisions of
Minnesota Statutes Section 463.15 to 463.26;
d. Street sprinkling or other dust treatment of streets;
e. Trimming and care of trees and the removal of unsound trees;
f. Repair of sidewalks, crosswalks and other pedestrian walkways;
g. Operation of the street lighting system;
h. Maintenance of landscaped areas and other public amenities on or
adjacent to street right -of -way;
i. Snow removal and other maintenance of streets;
j. General maintenance, including repairs and replacement.
IN2. The work to be performed may be by day labor, by City force, by contract or
by any combination thereof.
3. The designated period of the project shall be from January 1 through
December 31, 1999. Costs of the project shall be in the manner provided in the
Richfield Ordinance Code.
Passed by the City Council of the City of Richfield, Minnesota this 14th day of
September, 1998.
ATTEST:
Thomas P. Ferber, City Clerk
n,
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L
Martin J. Kirsch, Mayor
CITY OF RICHFIELD, MINNESOTA
Council Letter No. 222
Agenda September 14, 1998
Issue Statement:
Public hearing to adopt the special assessment roll for City Project No. 924, 1997 alley
maintenance for the period January 1, 1997 through December 31, 1997.
Background:
The City Council has scheduled a public hearing to be held September 14, 1998 on the
assessment for the cost of current maintenance services on alleys for the period
January 1, 1997 through December 31, 1997. The City staff has calculated the proper
amounts to be assessed against every assessable lot, piece or parcel of land specially
benefited.
The proposed assessment was properly filed with the City Clerk, notice was duly
published, and notices were mailed to the owner of each parcel described in the
assessment roll.
The cost of current maintenance services January 1 through December 31, 1997 will be
assessed at $24,212.27.
0 Since 1994, the City has used a standard $20,000 assessment per year to bank money
for contracted concrete repairs which were done every two or three years, depending
on how high or low the bids were. This has been a very labor- intensive process to
administrate for the small amounts collected by the assessments and the small
contracts needed to perform the work.
A decision was made at the July 13, 1998 Council meeting to discontinue the alley
maintenance assessment for 1998 and beyond until major maintenance requires the
special assessment be reinstated. Until that time, the Street Maintenance Division of
the Public Works Department will absorb the costs of routine maintenance (such as
snow plowing) on alleys, about $10,000 per year. The additional costs of contracted
repair this year, after reimbursement by assessments, will also be charged to Street
Maintenance, and covered by funds not expended on street maintenance this year.
The May and June storms diverted staff to storm clean up duties for most of this
summer, and therefore, not much of the "normal' seasonal maintenance and materials
were used.
Due to the length of the list, the assessment roll is not included in the Council packet,
but a copy of the assessment roll for alley maintenance January 1, 1997 through
December 31, 1997 will be available for Council reference and review at the September
14, 1998 City Council public hearing. The estimated assessment for maintenance
fe services for 1997 is $24,212.27.
�D-J
City staff will be available at the hearing to answer questions about the special
assessment that may not have been raised prior to the hearing. The public hearing
provides an opportunity for all interested persons to present their objections, if any, to
such proposed assessment.
The City ordinance provides that special assessments for current services may be
certified to the County Auditor for collection along with current taxes. It is
recommended that the certification adopted by the City Council provide that payments
be due and payable within the first year, rather than in installments. The City has the
right to charge interest on the amount assessed in that the City provided the funds
initially for the current services. It is the recommendation of staff that the interest rate
be established at eight percent, the maximum permitted by law. A property owner may
make payment before November 15, 1998 in order to avoid interest payments.
Payments made after that date, up to December 31, 1998 would include the interest
charges.
Recommended Motion:
Close the public hearing and adopt the attached resolution, adopting the assessment
roll of City Project No. 924, Alley Maintenance for the period January 1, 1997 through
December 31, 1997.
Basis of Recommendation:
1. Notice of the assessment has been published in the official City newspaper as
required by state statute.
2. Each affected property owner has been notified as required by law.
Alternative Recommendation:
None.
Discussion /Decision Mode:
The City Council may make changes as deemed necessary in the assessment roll as a
result of the public hearing by adding the phrase "and has amended such proposed
assessment as it deems just."
Respectfully submitted,
Jam Prosser
City nager
JDP:cak
is
RESOLUTION NO. 61)—a
0 RESOLUTION ADOPTING THE ASSESSMENT ON CITY PROJECT NO. 924, ALLEY
MAINTENANCE FOR THE PERIOD JANUARY 1 - DECEMBER 31, 1997
WHEREAS, pursuant to proper notice duly given as required by law, the Council
has met and passed upon all objections to the proposed assessment for current
services related to maintenance of the following alleys in the City of Richfield:
Number
Surrounding Avenues
Surrounding Streets
1001
Xerxes- Washburn
66th -67th
1002
Xerxes- Washburn
67th -68th
1003
Xerxes- Washburn
68th -69th
1004
Xerxes- Washburn
69th -70th
1005
Washburn- Vincent
66th -67th
1006
Washburn- Vincent
67th -68th
1007
Washburn- Vincent
68th -69th
1008
Washburn- Vincent
69th -70th
1009
Vincent -Upton
66th -67th
1010
Vincent -Upton
67th -68th
1011
Vincent -Upton
68th -69th
1012
Vincent -Upton
69th -70th
1013
Upton- Thomas
66th -67th
1014
Upton- Thomas
68th -69th
1015
Upton- Thomas
69th -70th
1016
Thomas - Sheridan
66th -67th
1017
Thomas - Sheridan
67th -68th
1018
Thomas - Sheridan
68th -69th
1019
Thomas - Sheridan
69th -70th
1020
Sheridan - Russell
66th -67th
1021
Sheridan - Russell
67th -68th
1022
Sheridan - Russell
68th -69th
1023
Sheridan - Russell
69th -70th
1024
Russell -Queen
66th -67th
1025
Russell -Queen
67th -68th
1026
Russell -Queen
68th -69th
1027
Russell -Queen
69th -70th
1028
Queen -Penn
66th -67th
1029
Queen -Penn
67th -68th
1030
Queen -Penn
68th -69th
1031
Queen -Penn
69th -70th
2001
Penn - Oliver
63rd -64th
2002
Oliver - Newton
63rd -64th
2004
Morgan -Logan
63rd -64th
2005
Logan -Knox
63rd -64th
2007
James- Irving
63rd -64th
2008
Irving- Humboldt
63rd -64th
2009
Humboldt- Girard
63rd -64th
2010
Girard - Fremont (35W)
63rd -64th
2011
Girard - Fremont (35W)
64th -65th
2012
Girard - Fremont (35W)
65th -66th
2013
Fremont (35W)- Emerson
64th -65th
2014
Fremont (35W)- Emerson
65th -66th
2015
Dupont - Colfax
63rd - Mildred
•
10
I,6-3
2016
Colfax -Bryant
63rd - Mildred
2017
Bryant - Aldrich
63rd - Mildred
2019
Graham - Lyndale
66th -Lake Shore Drive
2020
Aldrich - Lyndale
75th -76th
2021
Aldrich - Lyndale
76th -77th
3002
Lyndale - Garfield
68th -69th
3003
Augsburg - Garfield
70th -71 st
3004
Augsburg - Garfield
71 st -72nd
3005
Lyndale- Garfield
72nd -73rd
3006
Lynda le - Garfield
73rd -74th
3007
Garfield- Harriet
71 st -72nd
3008
Garfield- Harriet
72nd -73rd
3009
Garfield- Harriet
73rd -74th
3011
Harriet -Grand
67th -68th
3012
Harriet -Grand
68th -69th
3013
Harriet -Grand
72nd -73rd
3014
Harriet -Grand
73rd -74th
3015
Grand - Pleasant
68th -69th
3016
Grand - Pleasant
72nd -73rd
3018
Wentworth- Blaisdell
67th -68th
3020
Blaisdell - Nicollet
72nd -73rd
3021
Blaisdell - Nicollet
73rd -74th
3022
Blaisdell - Nicollet
74th -75th
3023
Blaisdell - Nicollet
75th -76th
3024
Nicollet -1st Avenue
68th -69th
3025
Nicollet -1 st Avenue
70th -71 st
3026
Nicollet -1 st Avenue
71 st -72nd
3027
Nicollet -1st Avenue
72nd -73rd
3028
1 st Avenue - Stevens
71 st -72nd
3029
1st Avenue - Stevens
72nd -73rd
3030
Stevens -2nd Avenue
71st -72nd
3031
Stevens -2nd Avenue
72nd -73rd
3032
2nd Avenue -3rd Avenue
66th -67th
3033
2nd Avenue -3rd Avenue
71st -72nd
3034
2nd Avenue -3rd Avenue
72nd -73rd
3035
3rd Avenue - Clinton
66th -67th
3036
3rd Avenue - Clinton
73rd -74th
3037
Clinton -4th Avenue
66th -67th
3038
Clinton -4th Avenue
73rd -74th
3039
4th Avenue -5th Avenue
66th -67th
3040
4th Avenue -5th Avenue
73rd -74th
4001
13th Avenue -14th Avenue
65th -66th
4002
14th Avenue -15th Avenue
62nd -63rd
4004
15th Avenue - Bloomington
62nd -63rd
4005
15th Avenue - Bloomington
65th -66th
4006
Bloomington -16th Avenue
65th -66th
4007
Cedar - Longfellow Avenue
63rd -64th
4008
Cedar- Longfellow Avenue
64th -65th
4009
Cedar - Longfellow Avenue
65th -66th
4012
22nd - Standish Avenue
65th -66th
4013
13th -14th Avenue
66th -67th
66-
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Richfield, Minnesota:
1. Such proposed assessment roll, in the total amount of $24,212.27 is
hereby accepted and shall constitute the special assessment against the lands named
therein, and each tract of land therein included is hereby found to be benefited by the
proposed current services in the amount of the assessment levied against it.
2. Such assessment shall be payable before or during 1998 and shall bear
interest at the rate of eight percent from the date of adoption of this assessment
resolution.
3. The owner of any property so assessed may, at any time prior to
certification of the assessment to the County Auditor, pay the whole or part of the
assessment on such property to the City's Assessing Division, except that no interest
shall be charged if the entire assessment is paid within 30 days of the adoption of this
resolution; and he may, at any time thereafter, pay to the City's Assessing Division the
entire amount of the assessment remaining unpaid, with interest accrued to December
31 of the year in which such payment is made. Such payment must be made before
November 15 or interest will be charged through December 31 of the succeeding year.
4. The City Clerk shall forthwith transmit a certified duplicate of this
assessment roll to the County Auditor to be extended on the property tax lists of the
County, and such assessments shall be collected and paid over in the same manner as
other municipal taxes.
Passed by the City Council of the City of Richfield, Minnesota this 14th day of
September, 1998.
ATTEST:
Thomas P. Ferber, City Clerk
0
Martin J. Kirsch, Mayor
6L
CITY OF RICHFIELD, MINNESOTA
Council Letter No..._221
Agenda September 14, 1998
Issue Statement:
Public hearing to adopt the special assessment roll for City Project No. 923, 1997 L /H /N
maintenance for the period January 1, 1997 through December 31, 1997.
Background:
The City Council has scheduled a public hearing to be held September 14, 1998 on the
assessment for the cost of current maintenance services in the Lyndale /Hub /Nicollet
(LHN) area for the period January 1, 1997 through December 31, 1997. City staff has
calculated the proper amounts to be assessed against every assessable lot, piece or
parcel of land specially benefited.
The proposed assessment was properly filed with the City Clerk, notice was duly
publicized, and notices were mailed to the owner of each parcel described in the
assessment roll.
The cost of current maintenance services January 1 through December 31, 1997 was
$31,208.46. Estimated 1998 costs for the current maintenance services is $49,165. All
commercial properties are assessed on the basis of area, with each square foot of
assessable property to be assessed equally, for the costs incurred in the maintenance
of common areas such as street islands, the civic plaza and sidewalks.
Recommended Motion:
Close the public hearing and adopt the attached resolution, adopting the assessment
roll for the LHN maintenance work for the period January 1, 1997 through December
31, 1997, City Project No. 923.
Basis of Recommendation:
1. Notice of the assessment has been published in the official newspaper as required
by state statute.
2. Each affected property owner has been notified as required by law.
Alternative Recommendation:
None.
Discussion /Decision Mode:
The City Council may make changes as deemed necessary in the assessment roll as a
result of the public hearing by adding the phrase "and has amended such proposed
assessment as it deems just."
Respectfully submitted,
Ja . Prosser
City nager
so JDP:cak
RESOLUTION NO.
RESOLUTION ADOPTING ASSESSMENT ON CITY PROJECT NO 923
LYNDALE /HUB /NICOLLET (LHN) MAINTENANCE FOR THE PERIOD
JANUARY 1 THROUGH DECEMBER 31, 1997
WHEREAS, pursuant to proper notice duly given as required by law, the Council
has met and passed upon all objections to the proposed assessment for current
services related to maintenance of the Lyndale /Hub /Nicollet (LHN) Redevelopment
Area, which is approximately bounded by 64th Street, First Avenue, 67th Street and
Emerson Avenue in the City of Richfield.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Richfield, Minnesota as follows:
Such proposed assessment roll, in the total amount of $31,208.46, is hereby accepted
and shall constitute the special assessment against the lands named therein, and each
tract of land therein included is hereby found to be benefited by the proposed current
services in the amount of assessment levied against it.
Such assessment shall be payable before or during 1998 and shall bear interest at the
rate of eight percent (8 %) from the date of adoption of this assessment resolution.
The owner of any property so assessed may, at any time prior to certification of the
assessment to the County Auditor, pay the whole of the assessment on such property
to the City's Finance Division, and may, at any time thereafter, pay to the City's Finance
Division the entire amount of the assessment remaining unpaid, with interest accrued to
December 31 of the year in which payment is made. Such payment must be made
before November 15 or interest will be charged through December 31 of the
succeeding year.
The City Clerk shall forthwith transmit a certified duplicate of this assessment roll to the
County Auditor to be extended on the proper tax lists of the County and such
assessment shall be collected and paid over in the same manner as other municipal
taxes.
Passed by the City Council of the City of Richfield, Minnesota, this 14th day of
September, 1998.
ATTEST:
Thomas P. Ferber, City Clerk
•
Martin J. Kirsch, Mayor
CITY OF RICHFIELD, MINNESOTA
Council Letter No. 220
Agenda September 14, 1998
Issue Statement:
Public hearing to adopt the special assessment roll for City Project No. 922, 77th Street
Maintenance for the period January 1, 1997 through December 31, 1997.
Background:
The City Council has scheduled a public hearing to be held September 14, 1998 on the
assessment for the cost of current maintenance services performed in the 77th Street
project area for the period January 1 through December 31, 1997. City staff has
calculated the proper amounts to be assessed against every assessable lot, piece or
parcel of land specially benefited. The proposed assessment was properly filed with
the City Clerk, notice was duly published, and notices were mailed to the owner of each
parcel described in the assessment roll.
The cost of current maintenance services for this period totaled $44,729.90. Estimated
1998 costs for the current maintenance services is $74,765, as more of the warranties
end on landscaping.
• The current maintenance services for this period included, but were not necessarily
limited to, one or more of the following, including labor, equipment and materials.
1. Landscape maintenance of common properties, including mowing fertilizing, edging,
etc.;
2. Irrigation maintenance;
3. Trash removal and general maintenance.
City ordinance provides that special assessments for current services may be certified
to the County Auditor for collection along with taxes. It is the staff recommendation that
such payments be due and payable within the first year, rather than in installments.
The City has the right to charge interest on the amount assessed in that the City
provided the initial funds for the services. It is also staff's recommendation that the
interest rate be established as eight percent (8 %). Payment may be made by the
assessed owner before November 15, 1998 in order to avoid interest payments.
Payments made after that date would include the interest payment.
Recommended Motion:
Close the public hearing and adopt the attached resolution adopting the assessment on
City Project No. 922, 77th Street Maintenance for the period January 1 through
December 31, 1997.
is
• Basis of Recommendation:
1. Notice of the assessment has been published in the official newspaper as required
by state statute.
2. Council ordered the work, and the work is completed.
Alternative Recommendation:
None.
Discussion /Decision Mode:
The Council may make changes as deemed necessary in the assessment roll as a
result of the public hearing by adding the phrase "and has amended such proposed
assessment as it deems just."
Respectfully submitted,
J s D. Prosser
Cit anager
JDP:cak
0
•
0 RESOLUTION NO. 6&a
RESOLUTION ADOPTING ASSESSMENT ON CITY PROJECT NO. 922
77TH STREET MAINTENANCE FOR THE PERIOD
JANUARY 1 -DECEMBER 31, 1997
WHEREAS, pursuant to proper notice duly given as required by law, the Council
has met and passed upon all objections to the proposed assessment for current
services related to maintenance of the 77th Street Redevelopment Project, which is
approximately bounded east of 1 -35W and west of Cedar Avenue.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Richfield , Minnesota as follows:
Such proposed assessment roll in the total amount of $44,729.90, is hereby accepted
and shall constitute the special assessment against the lands named therein, and each
tract of land therein included is hereby found to be benefited by the proposed current
services in the amount of assessment levied against it.
Such assessment shall be payable before or during 1998 and shall bear interest at the
rate of eight percent from the date of adoption of this assessment resolution.
SThe owner of any property so assessed may, at any time prior to certification of the
assessment to the County Auditor, pay the whole of the assessment on such property
to the City's Finance Division and may, at any time thereafter, pay to the City's Finance
Division the entire amount of the assessment remaining unpaid, with interest accrued to
December 31 of the year in which payment is made. Such payment must be made
before November 15 or interest will be charged through December 31 of the
succeeding year.
.7
The City Clerk shall forthwith transmit a certified duplicate of this assessment roll to the
County Auditor to be extended on the proper tax lists of the County and such
assessment shall be collected and paid over in the same manner in other municipal
taxes.
Passed by the City Council of the City of Richfield, Minnesota, this 14th day of
September, 1998.
ATTEST:
Thomas P. Ferber, City Clerk
Martin J. Kirsch, Mayor
CITY OF RICHFIELD, MINNESOTA
Council Letter No. 219
Agenda September 14, 1998
Issue Statement:
Public hearing on adoption of the assessment roll for removal of diseased trees from
private property for the period January 1, 1997 through December 31, 1997.
Background:
The City Council has scheduled a hearing to be held on Monday, September 14, 1998
for the assessment of the cost for removal of diseased trees from private property
during the period of January 1, 1997 through December 31, 1997. City staff has
calculated the proper amounts to be assessed against every assessable lot, piece or
parcel of land specially benefited. The proposed assessment was properly filed with
the City Clerk, notice was duly published and notices were mailed to the owner of each
parcel described in the assessment roll. The property owners listed were given the
option of finding their own tree removal contractor or to use the contractor selected by
the City. When the property owner elected to use the City's contractor, the owner was
given options for methods of payment and chose assessment.
The total cost for diseased tree removal from private property for this period is
$20,456.50. In 1996, the total assessed was $22,647.70. In 1995, the total assessed
was $14,697.85. In 1994, $27,229.40 was assessed for this work;. in 1993, $29,367.56
was assessed for this work; in 1992, the total was $37,994.70, and in 1991, the total
assessed was $34,116.57. City ordinance provides that special assessments for
current services may be certified to the County Auditor for collection along with taxes.
This certification may provide that the assessments be completely paid in the first year
or in annual installments. It is the staff recommendation that such payments be due
and payable over a three year period.
The adopted assessment roll for the period January 1, 1997 through December 31,
1997 would be certified with the County Auditor by the end of October, 1998. The City
has the right to charge interest on the amount assessed in that the City provided the
funds for the initial expense. It is the staff recommendation that the interest rate be
established at eight percent, the maximum allowed by State Law.
City staff will be available at the hearing to answer questions about the special
assessment that may not have been raised prior to the hearing. The public hearing
provides an opportunity for all interested persons to present their objections, if any, to
such proposed assessment.
•
&A,!
• Recommended Motion:
Close the public hearing and approve the attached resolution adopting the assessment
for removal of diseased trees from private property for the period January 1, 1997
through December 31, 1997 with such payments be due and payable over a three -year
period.
Basis of Recommendation:
1. Each affected property owner has been notified of the proposed assessment as
required by law.
2. Notice of the assessment has been published in the official City newspaper as
required by State Statute.
Alternative Recommendation:
None.
Discussion /Decision Mode:
Council may make any changes deemed necessary in the assessment roll as a result of
the hearing by adding the phrase, "and has amended such proposed assessment as it
deems just."
Respectfully submitted,
s
J4yanager
. Prosser
C
JDP:cak
•
�y
RESOLUTION NO.
RESOLUTION ADOPTING ASSESSMENT
ON REMOVAL OF DISEASED TREES FROM PRIVATE PROPERTY
FOR THE PERIOD OF JANUARY 1, 1997 THROUGH DECEMBER 31, 1997
WHEREAS, pursuant to proper notice duly given as required by law, the City
Council has met and passed upon all objections to the proposed assessment for
current services related to removal of diseased trees from the following private property
in the City of Richfield:
Property Address
6318 Pillsbury Avenue
7215 Vincent Avenue
7220 Penn Avenue
410 West 64th Street
6216 Third Avenue
7300 Queen Avenue
6504 Humboldt Avenue
7332 Grand Avenue
7519 Blaisdell Avenue
7505 Girard Avenue
7200 Oliver Avenue
7338 Girard Avenue
7124 Harriet Avenue
7409 Vincent Avenue
6901 Logan Avenue
6641 Nicollet Avenue
6544 Fifth Avenue
7501 Girard Avenue
7227 Upton Avenue
352 Apple Lane
6231 -15th Avenue
Proppay Identification Number
27- 02824 -21 -0035
32- 02824 -13 -0031
32- 02824 -14 -0009
27- 02824 -22 -0076
27- 02824 -12 -0002
32- 02824 -14 -0078
28- 02824 -24 -0131
34- 02824 -23 -0005
34- 02824 -31 -0123
33- 02824 -42 -0098
33- 02824 -23 -0001
33- 02824 -13 -0038
34- 02824 -22 -0082
32- 02824 -42 -0047
28- 02824 -34 -0129
27- 02824 -42 -0105
27- 02824 -14 -0012
33- 02824 -42 -0099
32- 02824 -13 -0014
27- 02824 -14 -0054
26- 02824 -12 -0055
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Richfield, Hennepin County, Minnesota, as follows:
1. Such proposed assessment roll, in the amount of $20,456.50, is hereby
accepted and shall constitute the special assessment against the lands named herein,
and each tract of land therein included is hereby found to be benefited by the proposed
current services in the amount of the assessment levied against it.
2. Such assessment shall be payable in no more than three annual
installments and shall bear interest at the rate of eight percent from the date of adoption
of this assessment resolution.
(MI v
0 3. The owner of any property so assessed may, at any time prior to
certification of the assessment to the County Auditor, pay the whole of the assessment
on such property to the City's Assessing Division, and he may at any time thereafter,
pay to the City's Assessing Division the entire amount of the assessment remaining
unpaid, with interest accrued to December 31 of the year in which such payment is
made. Such payment must be made before November 15 or interest will be charged
through December 31 of the next succeeding year.
4. The City Clerk shall forthwith transmit a certified duplicate of this
assessment roll to the County Auditor to be extended on the property tax lists of the
County and such assessments shall be collected and paid over in the same manner as
other municipal taxes.
Passed by the City Council of the City of Richfield, Minnesota this 14th day of
September, 1998.
ATTEST:
is
Thomas P. Ferber, City Clerk
•
Martin J. Kirsch, Mayor
5T
CITY OF RICHFIELD, MINNESOTA
Council Letter No. 218
Agenda September 14, 1998
Issue Statement:
Consideration of resolution approving a lawful gambling license for Richfield Hockey
Association at Lariat Lanes, 6320 Penn Avenue.
Background:
On August 24, 1998, the Richfield Hockey Association submitted an application for
renewal of their lawful gambling license. The application requests renewal for their
pulltab operations.
The applicant is proposing to conduct pulltab operations at Lariat Lanes.
The Public Safety Department has conducted the required background investigation
and has determined that the applicant has complied with all requirements.
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 approve renewal of the lawful gambling license for
Richfield Hockey Association 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 Statues 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 not approve the renewal request; however, staff has
determined that there is no basis for this alternative.
0 2. The Council could decide to not waive the investigative fee.
r
Discussion /Decision Mode:
The renewal of Richfield Hockey Association's lawful gambling application and a
request for waiver of the investigative fee is presented for Council approval at this time.
Respectfully submitted,
Ja e . Prosser
City nager
JDP:cak
•
•
RESOLUTION NO.
A RESOLUTION GRANTING APPROVAL FOR
THE RICHFIELD HOCKEY ASSOCIATION
TO CONDUCT LAWFUL GAMBLING
WHEREAS, the Richfield Hockey Association has submitted an application for
renewal of their lawful gambling license; and
WHEREAS, the application requests renewal for their pulltab operations; and
WHEREAS, 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, City of
Richfield, Minnesota, as follows:
1. That a lawful gambling license be granted to the Richfield Hockey Association
at Lariat Lanes, 6320 Penn Avenue.
2. The investigation fee be waived.
Passed by the City Council of the City of Richfield, Minnesota this 14th day of
September, 1998.
ATTEST:
Thomas P. Ferber, City Clerk
0
Martin J. Kirsch, Mayor
5,-r
CITY OF RICHFIELD, MINNESOTA
Council Letter No. 217
Agenda September 14, 1998
Issue Statement:
Consideration of an application for a new veterinary license for Veterinary Imaging
Consultants, 6521 Cedar Avenue.
Background:
On August 4, 1998, Veterinary Imaging Consultants submitted an application for a new
veterinary license for providing radiation treatments on cats. The application is
complete and the $150 fee has been received.
The new veterinary service will be located within the same building as the Animal Care
Clinic.
Inspections of the facility have been conducted by the Inspection and Health Divisions
and they have met the necessary code requirements.
The applicant, Ralph Weichselbaum, is a licensed veterinarian in the State of
Minnesota and has a history of no complaints with the Minnesota Board of Veterinary
Medicine.
Recommended Motion:
Staff recommends that the application for a veterinary license be granted for veterinary
services, to include radiation treatment for cats, to Veterinary Imaging Consultants,
6521 Cedar Avenue.
Basis of Recommendation:
The applicant has complied with the City codes pertaining to a veterinary license.
Alternative Recommendation:
The Council could decide to deny the request for a veterinary license, however, the
Public Safety Department has not found any basis for a denial.
Discussion /Decision Mode:
Recommendation to approve the application for a veterinary license for Veterinary
Imaging Consultants, 6521 Cedar Avenue, is presented for Council consideration at this
time.
Respe submitted,
James . Prosser
City Manager
JDP:cak
is
5N
CITY OF RICHFIELD, MINNESOTA
40 Council Letter No. 216
Agenda September 14, 1998
Issue Statement:
Consideration of an application for a new residential kennel license for Mr. Garry Sutliff,
6844 Columbus Avenue.
Background:
On August 3, 1998, Garry Sutliff submitted an application for a residential kennel
license. He owns three dogs. Mr. Sutliff s application contains the signatures of
contiguous property owners.
On August 8, 1998, an inspection of the property was conducted by a Community
Service Officer. There were no apparent problems found at that time.
The City has adopted a policy that staff notifies neighbors surrounding the area of the
residential kennel license. Staff received no calls regarding this application.
Although this application is for three dogs, it does not exceed the maximum number of
six animals that was approved by the Council as policy on July 22, 1991.
Recommended Motion:
Staff recommends that the application for a residential kennel license be approved.
Basis of Recommendation:
1. It is up to the animal owner to prove that the keeping of more than two dogs does
not have an adverse effect on the neighborhood. Mr. Sutliff has been able to do
this.
Alternative Recommendation:
1. The Council could decide to deny Mr. Sutliff s residential kennel license. This
would mean that he would have to reduce the number of dogs he has from three
to two.
Discussion /Decision Mode:
Recommendation to approve the application for a residential kennel license for Mr.
Sutliff, 6844 Columbus Avenue, is presented for Council consideration at this time.
Respectfully submitted,
Ja D. Prosser
Cit anager
JDP:cak
is
5-6-
CITY OF RICHFIELD, MINNESOTA
Council Letter No. 215
Agenda September 14, 1998
Issue Statement:
Request by the Church of St. Peter for an itinerant place of amusement license for the
1998 Fall Festival to be held October 4, 1998.
Background:
On August 19, 1998, the Church of St. Peter submitted a request for an itinerant place
of amusement license for October 4, 1998. They are requesting that the fee be waived.
Recommended Motion:
Approve the license, fee waived, for October 4, 1998 for St. Peter's 1998 Fall Festival.
Basis of Recommendation:
1. The applicant has complied with the City codes pertaining to this license.
2. The City has previously issued this license in conjunction with the St. Peter Fall
Festival.
Alternative Recommendation:
. 1. The Council could decide to deny the request; however, the Public Safety
Department has not found any basis for a denial. In addition, the Council has
previously granted this license in conjunction with the St. Peter Fall Festival.
Discussion /Decision Mode:
The request by the Church of St. Peter for an itinerant place of amusement license for
the 1998 Fall Festival to be held October 4, 1998 is presented for Council consideration
at this time.
Respectfully submitted,
Jam D. Prosser
City Manager
JDP:cak
•
CITY OF RICHFIELD, MINNESOTA
Council Letter No. 214
Agenda September 14, 1998
Issue Statement:
Request by Bethany Covenant Church for an itinerant place of amusement license for a
fall festival to be held in the courtyard area of Richland Court Apartments on September
26, 1998.
Background:
On September 8, 1998, Bethany Covenant Church submitted a request for an itinerant
place of amusement license for September 26, 1998. They are requesting that the fee
be waived.
Recommended Motion:
Approve the license, fee waived, for September 26, 1998 for the Bethany Covenant
Church's Fall Festival.
Basis of Recommendation:
1. The applicant has complied with the City codes pertaining to this license.
2. The City has previously issued licenses for this type of fall festival.
• Alternative Recommendation:
1. The Council could decide to deny the request, however, the Public Safety
Department has not found any basis for a denial.
Discussion /Decision Mode:
The request by Bethany Covenant Church for an itinerant place of amusement license
for a fall festival to be held September 26, 1998 is presented for Council consideration
at this time.
Respectfully submitted,
Ja D. Prosser
City Manager
JDP:cak
•
CITY OF RICHFIELD, MINNESOTA 5C
Council Letter No. 213
Agenda September 14, 1998
Issue Statement:
Approval of first amendment to Warden Oil Site Interim Funding Agreement.
Background:
The Richfield City Council took action on June 23, 1997 authorizing the City Manager to
sign the Interim Funding Agreement, a $500 initial interim payment to join the Warden
Oil Site Group, and the City Attorney to represent the City in the affairs of the group.
The proposed first amendment to the agreement would provide for retaining a
contractor, at a cost shared by the Warden Oil Site Group, to perform a Remedial
Investigation /Feasibility Study. Richfield's share of the cost is expected to be $1,500.
A copy of the proposed amendment is attached for Council review.
Recommended Motion:
Authorize the City Manager to execute the First Amendment to the Warden Oil Site
Interim Funding Agreement and authorize payment of Richfield's cost share for
performance of a Remedial Investigation /Feasibility Study at the Warden Oil Site.
Basis of Recommendation:
. The City of Richfield is a member of the Warden Oil Site Group. The City's
representative to the group recommends approval of the First Amendment to the
Interim Funding Agreement.
Alternative Recommendation:
Do not authorize Richfield's participation in the First Amendment to the Interim Funding
Agreement. However, the City has agreed to be a part of the Warden Oil Site Group
and it would be difficult for the City to make the necessary preparations and to take the
necessary actions independently.
Discussion /Decision Mode:
Council is asked to take action at the September 14, 1998 meeting. Members of the
group will be taking action on the First Amendment in September and, pending
approval of the First Amendment, cost shares will be payable in early October.
ResnerItfUlly submitted,
Ja D. Prosser
City Manager
• JDP:ds
i
C H A R T E R E D
August 31 1998
Mr. Jim Prosser
470 Pillsbury Center
200 South Sixth Street
Minneapolis MN 55402
(612) 337 -9300 telephone
(612) 337 -9310 fax
e -mail: attys@kennedy- graven.com
Civy Y iiI1C'gcl
City of Richfield
6700 Portland Avenue South
Richfield, MN 55423
RE: Warden Oil Site Group
Dear Jim:
, SEP 0 1 VFW
15—e
ROBERT J. UNDALL
Attorney at Law
*Certified Real Property Law Specialist
(612) 337 -9219
rlindall @kennedy- graven.com
Enclosed herewith is a letter dated August 26, 1998, from LeeAnn M. H. Thomas, Chair,
Warden Oil Site Group. Attached to the letter is a proposed amendment to the Warden Oil Site
Interim Funding Agreement. As you know, the City is a member of the Group. The purpose of
the amendment is to authorize an increase in the contribution required from each member to fund
operations pursuant to the funding agreement. The Site Group proposes to retain a consultant. to
advise the Group concerning conditions present on the Site and a proposed means of remediating
those conditions. Attached to the agreement is Exhibit 1 listing the proposed share of cost to be
borne by each member, and Exhibit 2 indicating the amount proposed to be the second
contribution for each member. The amount which is proposed to be levied on the City of
Richfield is $1,500.
I recoamierd that the Pity approve flie amendment. !believe it would be appropriate that
it be acted upon by motion of the City Council if any action of the City Council is required.
Upon signing the amendment, please return it to me for submission to the Group. Thank
you.
Very 16tily yours,
RJL:jms Robert J. Lindall
Enclosures
cc: Randy Hughes (with enclosure)
John Dean (with enclosure)
Corrine Thomson (with enclosure)
RJL- 149270
RC125 -156
*Certified by Minnesota State Bar Association
CANADIAN Operating Department Soo Line Building Tel (612) 347 -8000
Soo
PACIFIC District 105 South Fifth Street (55402)
RAILWAY PO Box 530 (55440) ��r�
Minneapolis Minnesota
August 26, 1998 s Lc
;! :.
File: SNO135
AUG 1,
To: PERSONS ON ATTACHED DISTRIBUTION LIST I
Re: Next Warden Oil Site Group meeting
This information is confidential and should not to be disclosed
except in accordance with the Warden Oil Site Interim Funding
Agreement
In order to amend the Warden Oil Site Interim Funding Agreement, a
meeting of the entire Warden Oil Site Group will be held on
Wednesday, September 9, 1998 at 1:00 PM. We will be meeting at the
Soo Line Building, 105 South Fifth Street, Minneapolis, Minnesota
55402. We will be in the Board Room, which is directly off the
elevators on the eighth floor. Note that this is a change in our
meeting location. Please call me at 612- 347 -8255 if you will attend
the meeting.
Please note that this is a meeting of the entire Warden Oil Site
Group and not a committee meeting.
The main item on the agenda is a vote on whether to amend the
Warden Oil Site Interim Funding Agreement to require a second pay -in.
A second pay -in is necessary to raise the money needed to retain a
consultant to perform the RI /FS. The proposed First Amendment to the
Agreement is enclosed. Provided that all members of the Group vote
to require the second pay -in and continue their participation in the
Group, the First Amendment will raise just over $150,000, using the
same interim allocation used for the initial pay -in.
Rather than attending the meeting, any Group member may sign the
First Amendment and return it to me, along with a statement in
writing that you authorize me to cast your vote on the First
Amendment. Assuming the Group approves the First Amendment, each
Group member's second payment must be made to Leonard, Street and
Deinard by October 9, 1998.
Also, attached to this letter are the minutes of the Warden Oil Group
meeting which was held on August 19, 1998.
If there are questions or comments, please contact me at
612 - 347 -8255.
Sincerely,
)&A't4l A, V. Aft
LeeAnn M. H. Thomas
Chair, Warden Oil Site Group
Attachment
/jmh
5F-3
DISTRIBUTION LIST:
Eric Lillyblad, Graco Inc.
G. Robert Johnson, Oppenheimer Wolff & Donnelly
Brian H. Davis, 3M Company
Frederic W. Knaak, Holstad and Larson, PLC
Randy Hughes, City of Richfield
Robert J. Lindall, Kennedy & Graven
Paul Schlueter, Corporate Express Delivery
Timothy C. Matson, Abdo & Abdo, P.A.
Kristen C. Nelson, Gxacc Inc.
Greg Fontaine, Dorsey & Whitney
Roberta B. Olsen, Honeywell Inca
Walter M. Kunz, III, Kunz Oil /Peoples Plus
Richard W. Bale, Robins, Kaplan, Miller & Ciresi
Mark Thompson, Metropolitan Council
Michael Nevala, Metropolitan Council
Louie Romain, Minnesota Rubber
G. Lee Martin, N.W. Swiss -Matic
Jerry Winslow, Northern States Power Company
Stan Sandiford, Northwest Airlines
Timothy B. McGraw, Northwest Airlines
Nirav D. Parikh, Owens - Illinois, Inc.
Robert J. Towles, Owens - Illinois, Inc.
Paul E. Williams, Paul Williams Tire
Peter J. Schultz, Newell Company
Carolyn Wolski, Leonard, Street and Deinard
Richard L. Johnson, Stan Koch and Sons Trucking, Inc.
Stephen -P. Kilgriff, SuperValu, Inc.
Jeffrey A. Forgang, TransTechnology Corp.
Dick Seifert, TCR Corp.
Sarah Halvorson, Lindquist & Vennum
Stan K. Erickson, Ziegler Inc.
Nancy Quattlebaum Burke, Gray Plant Mooty Mooty & Bennett
Robert S. Metcalf, Esq., Scholle, Beisel & Metcalf, Ltd.
Carol Bisson, Hiawatha Rubber Company
r
L 1
•
0
FIRST AMENDMENT TO
WARDEN OIL SITE
INTERIM FUNDING AGREEMENT
WHEREAS, the Warden Oil Site Group ( "the Group ") has agreed to retain a contractor,
as a Shared Cost, to perform a Remedial Investigation/Feasibility Study ( "RI/FS ") at the Warden
Oil Site ( "Site "), 187 Humboldt Avenue North, Minneapolis, Minnesota;
WHEREAS, funds raised by and held in trust for the Group totaled $51,544.54 on July
31,1998;
WHEREAS, the cost of retaining a contractor to perform the RI/FS will exceed the
amount of money previously raised by and currently held in trust for the Group by an amount
not expected to exceed $150,000.
NOW, THEREFORE, THE PARTICIPANTS AGREE AS FOLLOWS:
1. Second Payment. Each Participant agrees to pay, as a second payment for interim
funding of Shared Costs, an amount equal to the Participant's alleged percentage of the total
gallons that the MPCA alleges all Participants in the Group contributed to the Site, multiplied by
$150,000, except that the minimum second payment for continued participation in the Group
shall be $1,500. The number of gallons allegedly attributable to each Participant for purposes of
allocating this initial payment shall be the amount set forth on the MPCA's Draft Warden Oil
Site Potential Responsible Party Totals Table (attached as Exhibit 1), except for NSP, which is
not listed on the Table. For NSP, 100,000 gallons shall be used. The amount of each
Participant's second payment is set forth on the table attached as Exhibit 2.
1705432.01
1
•
•
•
SC-5--,
The second payment shall be made by October 9, 1998 and shall be non - refundable. The
second payment shall be made by check payable to "Leonard, Street and Deinard Trust
Account," shall reference the "Warden Oil Site" and be sent to:
Carolyn V. Wolski, Esq.
Leonard, Street and Deinard
Suite 2300
150 S. Fifth Street
Minneapolis, MN 55402
2. Effective date. The effective date of this First Amendment shall be September 9,
1998. This First Amendment shall be executed in multiple counterparts, any one of which shall
be deemed an original but all of which shall constitute one and the same instrument.
IN WITNESS WHEREOF, the Participants hereto enter into this FIRST AMENDMENT
TO THE WARDEN OIL SITE INTERIM FUNDING AGREEMENT. Each person signing this
agreement represents and warrants that he or she is duly authorized to enter into this agreement
and bind the company or entity on whose behalf that person is signing.
Name of Participant:
Address:
Dated:
I:
1705432.01
Signature of Participant's Representative
Name of Participant's Representative
Title of Participant's Representative
2
•
•
•
Exhibit 1
50-?,o
GRAFT __.
percent as total
Warden Oil Site Potential Responsible Party Totals gallons of gallons
_ identified
_ 1 ;Soo Milwaukee RR I 9013251 15.382135544
2 IMilo Edel 7422361 12.667100943
3 (John NyhltfL.
471515;
8.046939385
4 1
Larry Schaff _
3005001
5.128374039
5 jAlbrecht
Oil 1
2861541
4.883543244
6 INorthwest
_
Airlines
_
231797
3.955879258
7 IMetro
_
Waste Control and MTC
208045
3.550524383
8
Bert's ^j
2012_28
140280
3.434184530
2.394037638
9
_
Honeywell !
10
Rollins Oil Co. Inc., County Rd. C, Roseville
74500��
1.271427174
1,
T.C.R. Corp.
66425
1.133618122
12
MN Rubber
59275
1.011595245
13 IC.S.
McCrossan
49950
0.852453522
14
Gopher Oil Co.
49589
0.846292648
15
City of Fridley
48350
0.825147703
16
Brookdale Pontiac
46675
0.796561924
17
T.J.'s Waste Oil Services, Beaver Creek
44300
0.756029850
18
Product Design & Eng.
43675
0.745363515
19
Super Value
43040
0.734526518
20
Chicago NW RR _
38430
38225
37125
_
0.655851628
0.852353070
0.633580320
21
Ziegler
22
Smith Bros.
23
_
Maste Oil Services
r 31200
_ ~_ 29625
28325
0.532463461
_
24 `Plastic
Inc.
0.505584296
0.483398318
25
Humboldt Service Unocal 76 Roys Union 76
26
27
Gateway Foods
Duke's Amoco
28100
r_ 27710
27550
27350
0.479558438
0.472902644
0.470172062
0.466758835
_ 28
29
_
3M Center
_
Stan Koch & Son's
Paul Williams Tire
30
25150
24835
23325
23150
I 23110
21425
0.429213335
0.423837502
_ 0.398067635
0.395081062
0.394398416
0.365641976
31
lGraco Inc. _
32
IDoty & Son's
33
_
Courier Dispatch_ _
34
Minnegasco
.35
_
People's Plus/Kunz Oil Co. gas station in Richfield
36
N.W. Swissmatic
20550
0.350709107
37
Hiawatha Rubber
18300
0.312310299
38
Maplewood Toyota
17750
0.302923924
0.293110896
0.289356346
0.280737947
39
Arlen Lindquist c 17175
40
_
City of Richfield_
1 Doc's Auto _
(Griggs Construction
4Stimmit Gear _
IMcGill & Jensen - _
16955,
41
16450
42
16055
0.273996823
43
15700
0.267938344
4d
14650
0.250018901
0.229112883
45
1 Pump & Meter of Hopkins 13425
Idity of Mpls. I 13410;
46
0.228856891
4643914
79.253670542
Other amounts not attributable to a PRPI 2580
Total Amount Identified; 6225741
PRPs 1 -43 & 45 as ercenta a of total amount identifedi 74.592149
_
�_
•
9E-'-7
Exhibit 2
Second Contribution by Participants Pursuant to First Amendment to
the Warden Oil Site Interim Funding Agreement
::>::> :::::::::::::.....:::::::........::>::>:«::<::::>:>::>::;::::>;:::::>::>::;>:::::::: ::::<:: »:::: » »:: >:::<: >:: >::::>
:::::«:: >:: >:: »:<::< :::>:>::<:::> :: >::; »:<: »:<::<:::; >:: >::::::.
...... ................................................................................
...............................
::::::..::::���ti� .�I�t� .:................:.. �I.....................
��I.. c�n�.. P��..............
1. d�r�tl�l��< ���`:> < <:: >::
»: > <: >��....d...........
�1�....... 11# �.. �.. �h� :...�....ntr...b..u�..Qn.....
................
...............................
....� ..:.:::.:: ..::
:..0.397449743
.::::::..$59,617.47::.:::.:.:
Soo Line Railroad Comp an
P Y
901�,325
Northwest Airlines
231,797
0.102213583
$15,332.04
Metropolitan Council
208,045
0.091739863
$13,760.97
Honeywell
140,280
0.061858098
$9,278.70
NSP
100,000
0.044096163
$6,614.43
T.C.R. Corp.
66,425
0.029290876
$4,393.62
Minnesota Rubber
59,275
0.026138001
$3,920.70
Gopher Oil Company
49,589
0.021866846
$3,280.02
City of Fridley
48,350
0.021320495
$3,198.06
Brookdale Pontiac
46,675
0.020581884
$3,087.27
Owens - Illinois (Product Design)
43,675
0.019258999
$2,888.85
Supervalu
43,040
0.018978989
$2,846.85
Chicago NW Railroad (Union Pacific)
38,430
0.016946155
$2,541.93
Ziegler
38,225
0.016855758
$2,528.37
Plastics, Inc.
29,625
0.013063488
$1,959.51
3M
27,550
0.012148493
$1,822.26
Stan Koch & Sons
27,350
0.012060301
$1,809.06
Paul Williams Tire
25,150
0.011090185
$1663.53
Graco Inc.
24,835
0.010951282
$1,642.68
Courier Dispatch
23,150
0.010208262
$1,531.23
People's Plus /Kunz Oil
21,425
0.009447603
$1,500.00
N.W. Swissmatic
20,550
0.009061762
$1,500.00
Hiawatha Rubber
18,300
0.008069598
$1,500.00
Maplewood Toyota
17,750
0.007827069
$1,500.00
City of Richfield
16,955
0.007476504
$1,500.00
TOTAL
2,267.771
$151,217.55
*The contribution is determined by multiplying the individual Participant percent by $150,000, except that
the minimum second contribution is $1,500 per Participant.
1706038.01
t
CANADIAN Operating Department Soo Line Building Tel (612) 347 -8000
PACIFIC SOo District 105 South Fifth Street (55402)
PO Box 530 (55440)
1l RAILWAY Minneapolis Minnesota
August 26, 1998
File: SNO135
To: PERSONS ON ATTACHED DISTRIBUTION LIST
RE: Minutes of Warden Oil Site Group meeting of August 19, 1998
These minutes are confidential and are not to be disclosed except in
accordance with the Warden Oil Site Interim Funding Agreement
The Warden Oil Site Group met on August 19, 1998 to address issues
surrounding the selection of a consultant and discuss the possibility
of raising additional funds.
Attending the meeting were the following personnel:
Nancy Q. Burke, Gray Plant Mooty (for Zeigler)
Eric Lillyblad, Graco
Bob Lindall, Kennedy & Graven (for City of Richfield)
Tim Matson, Gopher Oil
Timothy B. McGraw, Northwest Airlines
Rob Metcalf, Scholle, Beisell & Metcalf (for Brookdale Pontiac)
Kristen Nelson, Graco
Mike Nevala, Metropolitan Council
Roberta Olsen, Honeywell
Eric Peck, Linguist and Venumm (for Sarah Halvorsen)
Lowell Rothschild, 3M
LeeAnn M.H. Thomas, Soo Line Railroad Company
Mark D. Thompson, Metropolitan_ Council
Jerry C. Winslow, Northern States Power Company
Cary Wolski, Leonard, Street and Deinard (for Soo Line Railroad
Company)
The following agenda was discussed at the meeting:
1. Report from the Technical Committee on the responses to the RFPs.
The Technical Committee members present provided additional
information on the evaluation of the proposals received from the
consultants and the interviews with selected consultants.
2. Discussion of the need for an amendment to the agreement allowing
additional funding of the Group to pay for costs of the RI/FS-
The members present decided to send out a letter to all Group
members detailing the proposed amendment and to call a meeting of
the entire Group to vote on the amendment.
•
DISTRIBUTION LIST:
Eric Lillyblad, Graco Inc.
G. Robert Johnson, Oppenheimer Wolff & Donnelly
Brian H. Davis, 3M Company
Frederic W. Knaak, Holstad and Larson, PLC
Randy Hughes, City of Richfield
Robert J. Lindall, Kennedy & Graven
Paul Schlueter, Corporate Express Delivery
Timothy C. Matson, Abdo & Abdo, P.A.
Kristen C. Nelson, Graco Inc.
Greg Fontaine, Dorsey & Whitney
Roberta B. Olsen, Honeywell Inc.
Walter M. Kunz, III, Kunz Oil /Peoples Plus
Richard W. Bale, Robins, Kaplan, Miller & Ciresi
Mark Thompson, Metropolitan Council
Michael Nevala, Metropolitan Council
Louie Romain, Minnesota Rubber
G. Lee Martin, N.W. Swiss -Matic
Jerry Winslow, Northern States Power Company
Stan Sandiford, Northwest Airlines
Timothy B. McGraw, Northwest Airlines
Nirav D. Parikh, Owens - Illinois, Inc.
Robert J. Towles, Owens - Illinois, Inc.
Paul E. Williams, Paul Williams Tire
Peter J. Schultz, Newell Company
Carolyn Wolski, Leonard, Street and Deinard
Richard L. Johnson, Stan Koch and Sons Trucking, Inc.
Stephen P. Kilgriff, SuperValu, Inc.
Jeffrey A. Forgang, TransTechnology Corp.
Dick Seifert, TCR Corp.
Sarah Halvorson,. Lindquist & Vennum
Stan K. Erickson,*Ziegler Inc.
Nancy Quattlebaum Burke, Gray Plant Mooty Mooty & Bennett
Robert S. Metcalf, Esq., Scholle, Beisel & Metcalf, Ltd.
Carol Bisson, Hiawatha Rubber Company
WAI
• CITY OF RICHFIELD, MINNESOTA
Council Letter No. 212
Agenda September 14, 1998
Issue Statement:
Resolution levying a special assessment for weed destruction.
Background:
Each year the City of Richfield hires contractors to cut weeds on certain properties in
the City not properly maintained by the owners. If the owner fails to cut the weeds in a
timely manner after notification by the City, the City undertakes the weed destruction
and bills the property owner for the service. If the cost of the weed destruction is not
paid by the property owner it may be assessed against the property for a one year
period. The attached resolution provides for this assessment against properties in the
amount of $471.63. In addition, the resolution provides for an 8% penalty.
Recommended Motion:
Adopt the attached resolution levying a special assessment for weed destruction
against the property owners in the amount of $471.63.
Basis for Recommendation:
• 1. The properties were not maintained by the owner and the City incurred costs to
abate the weed nuisance.
2. Minnesota State Statutes provide that the City may levy a special one year
assessment for these costs.
Alternative Recommendation:
1. Do not approve the resolution and have the costs absorbed by the City.
Discussion /Decision Mode:
This item has been placed on the September 14, 1998 agenda so that this assessment
may be filed with Hennepin County along with the other special assessments.
Respectfully submitted,
Ja D. Prosser
City anager
JDP:cak
is
S-6 -J
0 RESOLUTION NO.
RESOLUTION LEVYING SPECIAL
ASSESSMENT FOR WEED DESTRUCTION
BE IT RESOLVED by the City Council of the City of Richfield, Minnesota as follows:
1. The described properties are hereby specially assessed in the amount for the
expense incurred by the City in connection with abatement of a nuisance health
hazard pursuant to provisions of Minnesota Statutes, Section 429.101, to wit:
PROPERTY ID
ADDITION
ADDRESS
AMOUNT
32- 02824 -43 -0075
49708
3018 W 78th St
$291.63
29- 02824 -13 -0022
49712
6441 Xerxes Ave So
$180.00
2. The above listed assessment be spread over a period of one year at the rate of 8%
interest per annum.
3. That the City Clerk is hereby authorized and directed to certify a copy of this
• resolution to the County Auditor of Hennepin County, Minnesota.
Passed by the City Council of the City of Richfield, Minnesota, this 14th day of
September, 1998.
Martin J. Kirsch, Mayor
ATTEST:
Thomas P. Ferber, City Clerk
1�
CITY OF RICHFIELD, MINNESOTA
Council Letter No. 211
• Agenda September 14, 1998
Issue Statement:
Resolution levying a special assessment for nuisance abatement fees.
Background:
There is a resolution on the September 14, 1998 City Council agenda certifying a special
assessment for nuisance abatement fees to Hennepin County. This assessment is for costs
incurred by the City in connection with abatement for nuisances on certain properties in the City
which are not properly maintained by their owners.
For nuisance abatement fees, the fees were billed to the property owners on a monthly basis. In all
cases, the property owners were notified that any unpaid charges may be assessed against the
property for 1998.
The attached resolution provides for these assessments against the properties listed in the total
amount of $1,558.35.
Recommended Motion:
Adopt the attached resolution levying a special assessment for nuisance abatement fees against
the listed properties in the total amount of $1,558.35.
• Basis for Recommendation:
1. Minnesota State Statutes provide that the City may levy a special one year assessment for
these costs.
Alternative Recommendation:
Do not approve the resolution and have the costs absorbed by the City.
Discussion /Decision Mode:
This item has been placed on the September 14, 1998 agenda so that this assessment may be
filed with Hennepin County along with the other special assessments.
Respectfully submitted,
Ja jMnager Prosser
Ci
JDP:cak
40
RESOLUTION NO.
RESOLUTION LEVYING SPECIAL ASSESSMENT
FOR NUISANCE ABATEMENT
BE IT RESOLVED by the City Council of the City of Richfield, Minnesota as follows:
1. The following described properties are hereby specially assessed in the following amounts for
expense incurred by the City in connection with abatement of a nuisance health hazard and a
safety hazard pursuant to provisions of Minnesota Statutes, Section 429.101, to wit:
PROPERTY ID ADDITION ADDRESS AMOUNT
NUISANCE ABATEMENT:
29- 02824 -41 -0125
46790
6732 Queen Ave. So.
$100.00
26- 02824 -14 -0029
49700
6521 17th Ave So
$227.50
27- 02824 -23 -0059
49701
515 W 64th St
$937.09
27- 02824 -44 -0099
49711
6927 4th Ave So
$293.76
2. The above special assessments are to be spread over one year at no interest.
3. That the City Clerk is hereby authorized and directed to certify a copy of this resolution to the
• County Auditor of Hennepin County, Minnesota.
Passed by the City Council of the City of Richfield, Minnesota this 14th day of September, 1998
ATTEST:
Thomas P. Ferber, City Clerk
•
Martin J. Kirsch, Mayor
CITY OF RICHFIELD, MINNESOTA
Council Letter No. 210
Agenda September 14, 1998
Issue Statement:
Authorize Richfield participation in Metropolitan Council Regional Fiscal Impact Study
and Funding Agreement.
Background:
The Metropolitan Council will soon undertake a Regional Fiscal Impact Study which will
identify and analyze the fiscal impacts of growth and development within the seven
county metropolitan area. The study will help the Met Council and metro area
communities implement the Met Council's regional growth strategy.
As a part of the larger study, Richfield was identified as a desired individual case study.
This case study will address population, household and employment forecasts for two
separate growth scenarios for the City. The study will also identify fiscal impact zones
within the City and designate approximately eight land use prototypes within the City.
The information that will be obtained as a result of the study will be very valuable to
Richfield and the Metropolitan Council as plans for future growth and development are
. formulated. The majority of the forecasting work will be conducted by the staff of the
Metropolitan Council with reasonable assistance from City staff.
In exchange for the information which will be prepared for the City of Richfield by the
Met Council, Richfield has been requested to contribute a flat sum of $10,000 to help
offset the cost of the study. The City Council is being asked to authorize Richfield's
participation in the study including the $10,000 fee.
Recommended Motion:
Authorize the City Manager to execute an agreement with the Metropolitan Council to
participate in a Regional Fiscal Impact Study for $10,000.
Basis of Recommendation:
1. Richfield has been selected by the Metropolitan Council as a case study in a larger
Regional Fiscal Impact study.
2. The study would analyze projected growth in Richfield and the fiscal implications of
growth scenarios.
3. The case study would provide valuable information to the City for future planning.
4. The information may be helpful in designing legislation to assist Richfield's
is redevelopment efforts.
0 4-/
Alternative Recommendation:
1. The City Council could postpone action on this item.
2. The City Council could decide not to authorize participation in the study.
Discussion /Decision Mode:
Action at this time is being requested on September 14 so that the City may provide a
timely response to the Metropolitan Council regarding Richfield's participation in the
study.
Respectfully submitted,
Q90
Ja D. Prosser
Ci anager
JDP:cak
•
.
REGIONAL FISCAL IMPACT STUDY
FUNDING AGREEMENT
THIS FUNDING AGREEMENT is between the Metropolitan Council ( "Council') and the
City Of Richfield ( "City ").
WHEREAS, the Council is undertaking a Regional Fiscal Impact Study which will identify and
analyze the fiscal impacts of growth and development within the seven - county metropolitan area
and help the Council and other metropolitan -area governmental units implement the Council's
Regional Growth Strategy; and
WHEREAS, the Council's governing body authorized its Regional Administrator to execute a
contract with a nationally recognized consultant to conduct a Regional Fiscal Impact Study; and
WHEREAS, the City is willing to contribute financial and other resources in support of the
Regional Fiscal Impact Study and is willing to participate as a case study community.
NOW THEREFORE, in consideration of the mutual promises and covenants contained in this
Funding Agreement, the City and the Council agree as follows:
• 1. The Council will provide or arrange for sufficient funding, staffing and other resources
to complete the Regional Fiscal Impact Study in a timely manner. The Council also will hire a
consultant to conduct the Regional Fiscal Impact Study and will coordinate the consultant's
performance of the study and the City's participation as a case study community.
2. The City will participate as a case study community in the Council's Regional Fiscal
Impact Study. As a case study community the City will:
(a) Provide $ 10.000 to the Council which the Council will use only for the purposes
of funding the Regional Fiscal Impact Study and defraying the cost of the City's
individual case study. The City will provide the funding to the Council within fifteen
(15) business days after final execution of this Funding Agreement. [ or according to
some other schedule that meets the Citv's and the Council's needs ]
(b) Provide reasonable staff time and will work with Council staff to develop population,
household and employment forecasts for two growth scenarios for the City, identify
fiscal impact zones within the City, and designate approximately eight (8) land use
prototypes within the City.
(c) In conjunction with Council staff, produce a narrative on the forecasts and land use
assumptions for the City, including the rationale for the choices about fiscal impact
• zones and land use prototypes made as the basis for interviews with the consultant.
Page 1 of Z Pages
5-8 -3
(d) Make appropriate City staff and information available to the consultant for in -depth
interviews with the consultant that will focus on level of City services, costs and
revenues.
3. As a case study community and in exchange for its contributions of financial assistance,
staff time and other resources, the City will receive:
(a) A level of service and cost and revenue paper specific to the City;
(b) A fiscal impact report and related analysis specific to the City;
(c) Aland use prototype fiscal impact results report specific to the City; and
(d) An opportunity to participate on the Liaison Group which will function as a reaction
group throughout the Regional Fiscal Impact Study process, help shape the assumptions
and direction of the study, and review the results of the final report produced by the
consultant.
IN WITNESS WHEREOF, the Council and the City have caused this Funding Agreement to be
executed by their duly authorized representatives. This Funding Agreement is effective on the
date when both parties have signed this Funding Agreement.
METROPOLITAN COUNCIL
By:
(Signature ojAwhorized Representative)
Title:
Date:
FISCAL DOC
CITY OF •
By:
(Signature of Authorized Representative)
Title: City Manager
Date: August 21, 1998
By:
(Signature ofAuthomed Representative)
Title: Mayor
Date. August 21, 1998
Page 2 of 2 Pages
y
CITY OF RICHFIELD, MINNESOTA
Council Letter No. 209
Agenda September 14, 1998
Issue Statement:
Consideration of a proposed settlement agreement with Michaels Stores, Inc.
and Lutheran Brotherhood related to a non - conforming roof -top sign.
Background:
Michaels Stores, Inc. is the tenant of property at 7733 Nicollet Avenue in the
City. In addition to the retail space at that location, Michaels Stores also leases
a roof -top sign that is nonconforming under the City's sign ordinance. Section
416.11, Subd. 5 of the City Code requires that the nonconforming sign be
removed unless an independent hearing examiner approves a request to have
the removal deadline extended. In 1997, Michaels Stores sought an extension
under the ordinance, but the extension was denied.
Michaels Stores brought a lawsuit against the City in December 1997. In the
lawsuit, Michaels Stores challenged the validity of the City's sign ordinance as
applied to the Michaels sign and sought injunctive relief and monetary damages
against the City.
The City Attorney has negotiated a settlement agreement with Michaels Stores
and Lutheran Brotherhood (the owner of the sign) for the Council's
consideration. Under the agreement, Michaels Stores would dismiss its lawsuit
against the City, with prejudice. Michaels and Lutheran Brotherhood agree to
remove the sign by June 30, 2000 at no cost to the City. This represents an
approximately 30 month extension of the January 5, 1998 deadline for the
removal of the sign.
The City Attorney has recommended that the settlement be approved.
Recommended Motion:
Approve the proposed settlement and authorize the Mayor and City Manager to
execute the settlement agreement.
Basis of Recommendation:
1. The settlement will result in removal of the nonconforming sign by June
30, 2000.
2. The settlement will result in dismissal of the lawsuit pending against the
City.
'51Q -1
. 3. The settlement removes the possibility of an adverse judgment against
the City in the lawsuit, which could potentially result in a damage award
against the City.
4. Michaels Stores, Inc. and Lutheran Brotherhood have both executed the
settlement agreement.
5. The City Attorney has recommended that the settlement be approved.
Alternative Recommendation:
The City Council could disapprove the settlement and proceed with the litigation.
However, the City would incur legal expenses and costs in connection with the
litigation, and it is not certain that the outcome would be as favorable as the
settlement. The sign would remain in place until the lawsuit is concluded, which
could take several months.
Discussion /Decision Mode:
This item is placed on the September 14, 1998 agenda for Council
consideration. If approved, the settlement will be implemented immediately.
Respectfully submitted,
J s D. Prosser
C Manager
JDP:cak
•
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SETTLEMENT AGRI:.EMENT
THIS AGREEMENT is made this day of , 1998 by and among
MIC14AELS STORES, INC., a f5 corporation ( "Michaels"). LUTHERAN
BROTHERHOOD, a z and CITY
OF RICHFIELD, a Mirinesotaiiiunicipal corporation ("City").
Recitals
A. Michaels is the lessee of certain real property located 7737 Nicollet Avenue South (thc
"Property ") and is the lessee by assignment of lease of a sign approximately 65 feet by
22 feet in size, which sign is affixed to the roof of the Property (the "Sign ").
B. LB is the owner of the Property and of the Sign.
C. The City has adopted a sign ordinance that prohibits rooftop signs, and the Sign has Meer
a legal nonconforming sign under the City's ordinance since October 1987
D. The City's sign ordinance requires that all legal nonconforming signs be brought into
conformance with the sign ordinance by January 5, 1998, unless the sign owner applies
for and receives an extension from a hearing examiner.
E. Michaels applied for an extension of time to remove its sign, and the hearing examiner
denied the request by a written decision dated December 20, 1997.
F. Michaels commenced an action for declaratory judgmcnt. injunctive and monetary relief
against the City which is entitled Michaels Stores. Inc. v. City of Richfield, Hennepin
County District Court File No. MC 97- 023012 ( "Lawsuit ").
G. The parties to this agreement desire to compromise and settle the Lawsuit and all disputes
related to the Sign.
Ap,reement
In consideration of the foregoing and the mutual promises made herein. the parties agree as
follows:
1. Extension Qf Time for Removal o Sign. The City agrees that Michaels and LB will be
permitted to keep the Sign in place until June 30, 2000. Michaels and LB agree to remove the
Sign by 11:59 p.m. on June 30, 2000 at no cost to the City.
2. Default; Remedy. If Michaels and LB fail to remove the Sign by the deadline provided
in paragraph 1 above, the Sign automatically shall be deemed to be a public nuisance. subject to
abatement by the City. Michaels and LB grant to the City a right to enter onto the Property for
the purpose of abating the nuisance by removing the Sign: provided that the right of entry shall
not become effective until July 1, 2000. The City may specially assess the reasonable cost of
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removing the sign against the Property.
3. No Lease--E .r Assioments. LB agrees not to grant any further extensions of
the lease for the Sign. LB and Michaels agree not to assign their rights under the Sign lease
without: (a) giving 30 days' prior notice to the City and (b) obtaining written acknowledgement
of the proposed assignee that the assignee is aware of the terms of this Settlement Agreement and
agrees to be bound to said terms.
4. Dismissal oLL-awsuit. Michaels agrees to dismiss with prejudice the Lawsuit. The City
agrees to enter into a stipulation of dismissal with Michaels, in a form substantially similar to the
attached Exhibit A..
5. Release and Waiver. On behalf of themselves, their successors and assigns. Michaels. LB
and the City each forever release any and all claims, including legal costs and attorney's fees. that
any of them may have against each other related to the City's enforcement of its sign ordinance
with respect to the Sign.
d. Effect of Ordinance Amendment. This agreement shall be null and of no effect if, prior
to June 30, 2000, the City amends its sign ordinance in such a manner as to make the Sign
legally conforming.
The undersigned have executed this agreement as of the date written above.
MICHAELS STORES, INC.
�r 'r
LUTHERAN BROTHERHOOD
1'
CITY OP RICHFIELD
By-
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