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08-10-98 agenda
CITY OF RICHFIELD, MINNESOTA MONDAY, AUGUST 10, 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 JULY 27, 1998; AND (2) REGULAR CITY COUNCIL STUDY SESSION OF AUGUST 3, 1998 PRESENTATION 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 AGENDA APPROVAL 2. COUNCIL APPROVAL OF AGENDA CONSENT CALENDAR 3. CONSENT CALENDAR CONTAINS SEVERAL SEPARATE ITEMS WHICH ARE ACTED UPON BY THE CITY COUNCIL IN ONE MOTION. ONCE THE CONSENT CALENDAR HAS BEEN APPROVED, THE INDIVIDUAL ITEMS AND RECOMMENDED ACTIONS HAVE ALSO BEEN APPROVED. NO FURTHER COUNCIL ACTION IS NECESSARY. HOWEVER, ANY COUNCIL MEMBER MAY REQUEST THAT AN ITEM BE REMOVED FROM THE CONSENT CALENDAR AND PLACED ON THE REGULAR AGENDA FOR COUNCIL DISCUSSION AND ACTION. ALL ITEMS LISTED ON THE CONSENT CALENDAR ARE A. CONSIDERATION OF APPROVAL OF CHANGE OF CITY OF RICHFIELD LIAISON ALTERNATE APPOINTMENT TO METROPOLITAN AIRPORT SOUND ABATEMENT COUNCIL C.L. 177 B. CONSIDERATION OF APPROVAL OF RESOLUTION APPROVING PLAN MODIFICATION FOR AETNA ADAPTER-457 II DEFERRED COMPENSATION PLAN C.L. 178 C. CONSIDERATION OF APPROVAL OF RESOLUTION DESIGNATING POLLING PLACES AND APPOINTING ELECTION JUDGES FOR SEPTEMBER 15, 1998 PRIMARY ELECTION AND NOVEMBER 3, 1998 GENERAL ELECTION C.L. 179 D. CONSIDERATION OF APPROVAL OF RESOLUTION APPROVING SPECIAL LAW 1997, CHAPTER 241, ARTICLE 2, SECTION 2-6, 9, 10, 13, 14 AND 20 CONCERNING RICHFIELD FIRE RELIEF ASSOCIATION BENEFIT IMPROVEMENTS C.L. 180 • E. CONSIDERATION OF APPROVAL OF FINAL CHANGE ORDER (#2) TO CM CONSTRUCTION FOR HAT TRICK HOCKEY EXPANSION PROJECT IN AMOUNT OF $9,637.51 C.L. 181 F. CONSIDERATION OF APPROVAL OF NEW 1998 TAXI LICENSE FOR GOLD STAR TAXI AND TRANSPIRATION SERVICE CORP., 1021 WEST 80TH STREET, BLOOMINGTON, MN C.L. 182 G. CONSIDERATION OF APPROVAL OF RENEWAL OF RESIDENTIAL KENNEL LICENSE AT 7209-12TH AVENUE, FOUR DOGS C.L. 183 H. CONSIDERATION OF APPROVAL OF RENEWAL OF RESIDENTIAL KENNEL LICENSE AT 7215 VINCENT AVENUE; FIVE DOGS C.L. 184 PUBLIC HEARINGS 4. CONTINUE PUBLIC HEARING AND SECOND READING OF ORDINANCE AMENDMENT REZONING PROPERTY ALONG INTERSTATE 494 THAT IS INCONSISTENT WITH CITY'S COMPREHENSIVE PLAN COUNCIL LETTER NO. 185 5. CONTINUE PUBLIC HEARING AND SECOND READING OF ORDINANCE AMENDMENT ALLOWING PROPERTIES FORMERLY ZONED AND USED AS INDUSTRIAL PROPERTY TO APPLY FOR TRANSITIONAL ACTIVITY PERMIT COUNCIL LETTER NO. 186 • 6. PUBLIC HEARING AND SECOND READING OF TRANSITORY ORDINANCE TO AUTHORIZE SALE OF PROPERTY AT 6913, 6915, 6921, 6925, 6929, 6933 AND 6937 PENN AVENUE TO HRA FOR REDEVELOPMENT PURPOSES COUNCIL LETTER NO. 187 7. PUBLIC HEARING AND SECOND READING OF TRANSITORY ORDINANCE VACATING SEWER EASEMENT AT ONE MERIDIAN CROSSINGS COUNCIL LETTER NO. 188 PROPOSED ORDINANCES 8. FIRST READING OF ORDINANCE AMENDMENT REZONING LAND AT 710 LAKE SHORE DRIVE FROM GENERAL COMMERCIAL AND SINGLE FAMILY RESIDENTIAL TO PLANNED MULTIPLE RESIDENCE AND 6724 LYNDALE FROM GENERAL COMMERCIAL TO PLANNED MULTIPLE RESIDENCE FOR GRAMERCY PARK COOPERATIVE DEVELOPMENT COUNCIL LETTER NO. 189 9. FIRST READING OF TRANSITORY ORDINANCE VACATING RIGHT OF WAY ADJACENT TO 710 LAKE SHORE DRIVE AND 6724 LYNDALE AVENUE FOR GRAMERCY PARK COOPERATIVE DEVELOPMENT 0 COUNCIL LETTER NO. 190 • ADMINISTRATIVE REPORTS AND OTHER BUSINESS 10. CONSIDERATION OF REQUEST FOR OFF-STREET PARKING PERMIT TO ALLOW CONSTRUCTION OF 88 STALL PARKING LOT AT ACADEMY OF HOLY ANGELS, 6600 NICOLLET AVENUE COUNCIL LETTER NO. 191 RESOLUTION 11. CONSIDERATION OF REQUEST FOR SUBDIVISION WAIVER AT 6600 AND 6720 NICOLLET AVENUE TO ALLOW ST. PETER'S TO SELL 33 BY 315 FOOT STRIP OF PROPERTY TO ACADEMY OF HOLY ANGELS COUNCIL LETTER NO. 192 ADMINISTRATIVE REPORTS AND OTHER BUSINESS 12. CONSIDERATION OF NEGOTIATION AND EXECUTION OF AGREEMENT WITH SEH, INC. FOR FEASIBILITY STUDY RELATED TO MULTI-PURPOSE COMMUNITY FACILITY IN AMOUNT NOT TO EXCEED $62,700 COUNCIL LETTER NO. 193 13. CONSIDERATION OF AMENDING SPECIAL CITY COUNCIL MEETING DATES FOR 1998 REVISED/1999 PROPOSED BUDGET AND SETTING 1999 PRELIMINARY TAX LEVY COUNCIL LETTER NO. 194 AIRPORT BUSINESS 14. AIRPORT STATUS REPORT CORRESPONDENCE 15. LEGISLATIVE REPORT COUNCIL CHOICE 16. COUNCIL DISCUSSION ITEMS 17. CLAIMS AND PAYROLLS 18. 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. 0 CITY OF RICHFIELD, MINNESOTA Council Letter No. 194 Agenda August 10, 1998 Issue Statement: Amending the Special City Council meeting dates for 1998 Revised/1999 Proposed budget and setting 1999 preliminary tax levy. Background: At the July 27, 1998 City Council meeting, September 2 and September 9 were selected as the dates for the special budget council meetings. At least one Council Member was unable to attend the first suggested date of August 26. After further review of the City Charter, it was found that September 2 cannot be used as the first budget meeting date as the Charter specifies that the budget must be presented on or before the first Tuesday in September of each year. Thus, September 2 would be one day late. It is now necessary to select a date on or before September 1 for this first special budget meeting. A number of possible dates could be used for the first special budget meeting, however City Council Members have expressed that August 27 or September 1 would be the • most desirable dates. Recommended Motion: To select either August 27 or September 1 and September 9 (if necessary) as Special City Council meetings to review and discuss the 1998 Revised/1999 Proposed budget and set the 1999 preliminary tax levy prior to certification to the county on September 15, 1998. Basis of Recommendation: 1. It is necessary to review and discuss the 1998 Revised/1999 Proposed budget and 1999 preliminary tax levy prior to certification to the county on September 15,1998. 2. Draft budget documents will be available to City Council Members on or before August 19. This will allow some time for Council Members to review the draft budget before the scheduled meeting. 3. The City Charter establishes that the budget must be presented on or before the first Tuesday in September. Alternative Recommendation: 1. The City Council could schedule meetings on different dates other than those suggested. However, City Council Members indicated that August 27 and September 1 were the most desirable dates. 13-I • Discussion/Decision Mode: Because of the strict timeframe as Taxation process, the issue of am August 10 City Council meeting s for the special budget meetings. R p tfully submi d, v . QDevich Acting City Manager sociated with the City Charter and the Truth in ended budget meetings must be considered at the o that adequate time will be available to provide notice SLD:cak 0 CITY OF RICHFIELD, MINNESOTA Council Letter No. 193 Agenda August 10, 1998 Issue Statement: Agreement for feasibility study related to multipurpose community facility. Background: The Master Park Plan sub-committee and Community Services Commission have determined there is an interest in a multi-use facility in Richfield. This determination is based on findings of the 1997 community survey and on information received at various meetings to get input on the Master Park Plan including: the aging pool and community center facilities, the shortage of gym space for drop in activities, the conflicts experienced with City activities being displaced by school events, interest by seniors and others for a safe place to exercise and meet, and loss of the teen center. There was agreement that Richfield needs to be competitive to draw new residents to the community and a new multi-use community center would enhance the City's image as a great place to live, work and recreate. Seven consulting firms were asked to submit a proposal for a feasibility study related to a multi-use community facility in Richfield. The study is to address both programmatic and physical feasibility. Interviews have been conducted with representatives of SEH, Inc., BWBR Architects, Cluts O'Brien Strother Architects and Ankeny Kell Architects to determine the best suited firm for the feasibility study. Staff recommends an agreement be negotiated with SEH, Inc. for performance of a feasibility study. SEH, Inc. proposes to provide services including but not limited to: • Development of the facility program, • Preparation of schematic plans and other drawings needed to facilitate the process, • Development of estimates of the cost to construct the facility, • Coordination of the community information/input process, and • Final preparation of the project feasibility report • Develop promotional graphic illustrations with the consultant fee not to exceed $62,700. The study would include several public meetings and meetings with advisory groups as well as with the City Council. Results of the feasibility study are expected in December 1998. Recommended Motion: Authorize negotiation and execution of an agreement in a amount not to exceed $62,700 with SEH, Inc. for a feasibility study related to a multi-use community facility in Richfield. 0 I)-I • Basis of Recommendation: 1. A multi-use community facility (recreation activities building) is included in the adopted 1998 Capital Budget. Because of the scope of the proposed facility project, it is in the best interests of the community to conduct a feasibility study related to program and finance elements before proceeding with the project. 2. SEH, Inc. is qualified and has experience in conducting feasibility studies such as the one proposed for the multi-use community facility in Richfield. 3. The proposed agreement and fee is typical for this type of work. Alternative Recommendation: 1. Do not proceed with the multi-use community facility project. However, because there is community interest in the project, such a decision may be more appropriate after the results of the feasibility study are known. 2. Direct staff to seek other consultants. However, there is limited time available with neighborhood and other meetings scheduled if the feasibility study is to be completed in December of 1998. 3. Direct staff to renegotiate the agreement and fee with the recommended firm. • Discussion/Decision Mode: This item is scheduled for the August 10, Council meeting. Action is requested at this time so the feasibility study can be conducted and completed in 1998. However, if Council believes additional information is needed prior to conducting the feasibility study or if the Council believes additional time is warranted for the conducting of a feasibility study, action may be delayed for as long as the Council considers is necessary and appropriate. , ZV ctfully submitt L. Devich h Acting City Manager SLD:cak 0 CITY OF RICHFIELD, MINNESOTA r Council Letter No.192 Agenda August 10, 1998 • Issue Statement: Request for approval of a subdivision waiver at 6600 and 6720 Nicollet Avenue to allow St. Peter's to sell a 33 by 315 foot strip of property to the Academy of the Holy Angels. Background: The Academy of the Holy Angels and St. Peter's Catholic Church are requesting a subdivision waiver to allow them to split off a 33 by 315 foot strip of St. Peter's property and combine it with Holy Angels' property. In 1997, St. Peter's sold the property located to the west of St. Peter's (the ballfield area) to Holy Angels. In 1998, Holy Angels had a survey performed for the purposes of constructing a parking lot on the property and discovered that the property line was not where they had assumed it was. Both parties had assumed that they were selling/buying all of the property to the west of an existing fence. The actual property line is located 33 feet to the west of the fence line. This 33 feet was originally a platted Blaisdell Avenue. When the street easement was vacated, the east half was assigned to the St. Peter's property, not the ballfield property. The strip of property to be subdivided is not a legal parcel in and of itself. The subdivision waiver, however, combines the strip with the larger Holy Angels parcel. Together, the parcels meet the City's lot size and width requirements. Recommended Motion: Adopt a resolution approving the subdivision waiver for 6600 and 6720 Nicollet Avenue. • Basis of Recommendation: 1. Approval of the subdivision waiver would not interfere with the purposes of platting regulations, Section 500.05 2. Compliance with the regular platting requirements of Section 500.05, Subd. 1 of the City Code would result in an unnecessary hardship. 3. The 33-foot strip will be combined with Holy Angels' property. Combined with the larger parcel, the property meets the minimum lot size and width requirements of Section 521.09. 4. Holy Angels needs the property to construct a proposed parking lot. Alternative Recommendation: The City Council may deny this subdivision waiver if a finding of fact determines that the proposal would have an adverse impact on adjacent properties. Discussion/Decision Mode: This item is scheduled on the regular City Council agenda for August 10, 1998. 'ctfully sub ' ed, even L. Devich Acting City Manager SLD:cak 0 RESOLUTION NO. RESOLUTION AUTHORIZING A SUBDIVISION WAIVER (6600 and 6720 NICOLLET AVENUE) WHEREAS, an application has been filed with the City of Richfield which requests approval of a subdivision waiver for the division of certain parcels of land located at 6600 and 6720 Nicollet Avenue, legally described as: Parcel A: The West 1/2 of the North 1/2 of the South 1/2 of the Northeast 1/4 of the Southwest 1/4 except the railroad right-of-way. Parcel B: That part of the East 1/2 of the South 1/2 of the Northeast 1/4 of the Southeast 1/4 which lies North of Oaklane Addition also Lots 1 and 6 and the North 40 feet of Lot 2 all in Block 1 Oaklane Addition, except Roads. WHEREAS, the proposed division of land for which the subdivision waiver is sought is as legally described as: Parcel A: The West 1 /2 of the North 1 /2 of the South 1 /2 of the Northeast 1 /4 of the Southwest 1/4 except the railroad right-of-way and the West 32.88 feet of that part of the East 1/2 of the North 1/2 of the South 1/2 of the Northeast 1/4 of the Southwest 1/4 of Section 27, Township 28, Range 24, Hennepin County, Minnesota Parcel B: That part of the East 1/2 of the South 1/2 of the Northeast 1/4 of the Southeast 1/4 which lies North of Oaklane Addition also Lots 1 and 6 and the North 40 feet of Lot 2 all in Block 1 Oaklane Addition, except Roads and except the West 32.88 feet of that part of the East 1/2 of the North 1/2 of the South 1/2 of the Northeast 1/4 of the Southwest 1/4 of Section 27, Township 28, Range 24, Hennepin County, Minnesota. WHEREAS, the two lots resulting from the subdivision waiver will comply with Section 521.09 of the City Code relating to lot area and width; and WHEREAS, the City has fully considered the request for approval for the subdivision waiver; and WHEREAS, the City Council finds that compliance with the City Code Section 500.05, Subdivision 1 would result in unnecessary hardship and that failure to comply therewith will not interfere with the purposes of the platting regulations of Section 500.01. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Richfield, Minnesota, as follows: IP 1. A waiver for the subdivision of the Subject Property legally described above. 2. Future transfers of any of the Subject Property may be by parcel or parcels as described above as Parcel A and Parcel B. 3. City staff is authorized and directed to take any action necessary to effectuate this resolution and to authorize the recording of conveyances complying with the terms of this resolution. Adopted by the City Council of the City of Richfield, Minnesota this 10th day of August, 1998. Martin J. Kirsch, Mayor ATTEST: 0 Thomas P. Ferber, City Clerk All A, is's I.e. .104 IX001 ,?? _ ,~ a.svawox ©" -? © cf / l I I O 0- CL w v O p e ' Il?az - -- 'alp j® oho o .l. i fog I it 0"a. OU A•EX:? 1 Imo/ \ C ? , y 3 i Col. Age Awi ' ® L /®© " 6 r CS°'C3 - - Qff O 00000 O 0\\o ?0000 2rW9Ar INVSVBW /D • CITY OF RICHFIELD, MINNESOTA Council Letter No. 191 Agenda August 10, 1998 Issue Statement: Consideration of a request for an off-street parking permit to allow construction of an 88-stall parking lot at the Academy of the Holy Angels, 6600 Nicollet Avenue. Background: The Academy of the Holy Angels is requesting an off-street parking permit to construct a parking lot for 88 cars on property to the west of St. Peter's Catholic Church. The lot would be part of an overall reconstruction of the circulation and parking situation at Holy Angels. The new parking lot would increase the amount of on-site parking from 125 to 201 spaces. Holy Angels is seeking to build the parking lot for the following reasons: • They currently share parking with St. Peter's and want to decrease their dependence on St. Peter's parking lot. • The school is growing and the parking lot is part of planning for future growth. • The school wants to accommodate the increased demand from students for parking • permits; they were unable to issue 25 student parking permits in 1997-98. • The relocation of the traffic signal on Nicollet Avenue and new shared entrance with St. Peter's will result in the loss of approximately 30 spaces along the current drive aisle into Holy Angels. Holy Angels is rebuilding their south entrance to be handicapped accessible and to function as the main entrance to the school. A drive aisle and small parking area will be added near the entrance to provide better access to the building entrance. Traffic traveling to the Star Dome and the new parking lot will be separated from the building entrance area with a separate drive aisle. This drive aisle will separate east- and west- bound traffic with a landscaped median. A turnaround will be provided at the end of the drive entrance near the existing parking lot and Star Dome. Access will be provided between St. Peter's and Holy Angels. This access is provided to coordinate with the relocation of the traffic signal on Nicollet Avenue and combination of the Holy Angels and St. Peter's main entrances. A cross access agreement will be necessary once the traffic signal is relocated. The proposed site plan shows five parking spaces near this access point. These spaces need to be moved approximately 18 feet to the east to avoid conflicts with the access to St. Peter's. Approximately 17 trees will be removed with the project. Thirty trees will be planted to replace those removed and to provide additional landscaping for the campus. The . parking lot is located approximately 45 feet from the south property line and will be partially screened by existing trees on the south and east sides; however, additional i6,1 • screening should be provided to the south of the proposed parking lot because it is adjacent to residential property. Holy Angels needs to talk to the owner of the adjacent property about appropriate screening. Stormwater will be accommodated through the construction of a dry "pond" to the west and south of the proposed parking lot. Unlike the pond that was constructed for the Star Dome, this "pond" will have a shallow grade so that the area can be easily mowed and maintained. The Star Dome pond will also be converted into a dry "pond" in 1999 so it can be better maintained. Recommended Motion: Approve the request for an off-street parking permit with the following stipulations: That the existing stormwater pond be cleaned up and maintained to the satisfaction of the City Manager until the pond is converted to a dry pond. The conversion is to be completed by July 1, 1999. 2. That the stormwater management plan be approved by the Public Works Director. The proposed plan will include the following elements: • City to obtain right to retain stormwater from 66th Street in the pond. • City is to regrade dry pond and construct stormwater pipe to the parking lot • using stormwater utility funds (estimated cost of $25-50,000). • The Academy of Holy Angels to perform routine maintenance. • The Academy of Holy Angels to construct catch basin in the south parking lot. • The Academy of Holy Angels to remove the existing gravel bus loop and installs curb, adjust/add blacktop and leave gap in curb for City installed catch basin. 3. That the five parking spaces near the front entrance be moved east with the final layout approved by the Public Works Director. 4. That a shared access agreement be signed with St. Peter's for the future joint entrance before the traffic signal is relocated. 5. The lighting plan approved by the Public Safety and Community Development Directors. 6. That a cash escrow be submitted for the cost of the parking lot landscaping before construction begins. 7. That a plan for appropriate screening on the south side of the parking lot be coordinated with the adjacent single family residential property owner and approved by the Community Development Director and that the screening be approved and in place before the parking lot can be used. l© - ? 08. That the City Council approve a subdivision waiver splitting off 33 feet of St. Peter's property and combining it with Holy Angels' property. Basis of Recommendation: 1. The proposal improves traffic circulation on the Holy Angels campus. 2. The proposal is coordinated with the proposed traffic signal relocation on Nicollet Avenue and the ballfield improvements on the Holy Angels campus. 3. Curbing, stormwater management, sediment and erosion control, and landscaping will be provided in accordance with the City's parking lot standards. 4. The Institute of Traffic Engineers recommends one parking space for every employee and 0.2 spaces for every student. Based on current enrollment and staffing at Holy Angels, the school needs 244 parking spaces. Holy Angels meets this requirement when the 201 on-site parking spaces are combined with the parking available at St. Peter's through a shared parking agreement. Alternative Recommendation: 1. Approve the request for an off-street parking permit for 6600 Nicollet Avenue with the stipulations listed above and with the stipulation that an escrow be submitted for any specific parts of the project that the City Council may designate, in accordance • with City Code Section 800.19. 2. Deny the request with a finding that the proposal would have an adverse impact on adjacent properties or the City as a whole. Discussion/Decision Mode: Consideration of this item is scheduled on the regular agenda of the City Council meeting on August 10, 1998. R spectfully submitted, 1 OCO? teven L. Devich Acting City Manager SLD:cak 40 •I • r a e CO AO ey ? 9 ?? ?O 4 OD b A l? xo ??e (FE O S! gp I a ? X35_ q, i S=? a m 4p?_ Y ? _j y xvr • w woo. - - ?- ?? 441 i L-LLq wr. mix :? • ? c ._t ? at •- ac ^ d , t M? MN - M?; • • • E ? - 1 lj? Mli - - - ?_ i L_._____._f 4,10 - ---- - ---- ----- K 1 ¦ log ¢ 4 O R QM k ? W • t Ile ' I 1 ? 4 1 ? L 1 t k QI\ ? i ` Q s r ¦ qa• ?\ 1 r^a €€ eiF <' ? 2 ?' M 1 loll L, _ slid' r i ,J 1 ------------ --- I s IA ? 1 i I • • E- E 0 4 s G B ? ? p ? ? ? ?i3 $ ? c ' A g (y ? o ? §g ? ??l113P? =tt •d A ? ? 6 i Q ? a k; yR y g S y g i 8 d fs? R ?€ Z `\\ 0 b 11 ??-t d a/y a ? \ ® tl \\ rt C III?LL ? pp` as y \\ rt gygy ga ag MR? 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J t ®o ° e 57 !j=(j - 0 00000 0 00 ilrgmv 1NVSVTW I CITY OF RICHFIELD, MINNESOTA Council Letter No. 190 Agenda August 10, 1998 Issue Statement: First 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 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 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. Recommended Motion: Approve first reading of a transitory ordinance vacating street right-of-way adjacent to 710 Lake Shore Drive and set a public hearing and second reading for September 14, 1998. 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 street orientation. 3. Easements would be maintained for a water main and future Richfield Lake Area entrance monument. 4. The proposed property line is located five feet behind the sidewalk which provides adequate room for snow storage. Alternative Recommendation: 1. Deny this vacation at first reading. 2. Refer the vacation to the Planning Commission. Discussion/Decision Mode: First reading is set for August 10, 1998. If approved, a public hearing and second reading will be scheduled on September 14, 1998. p ctfully s itted, L. Acting City Manager 40 SLD:cak q,) 0 BILL NO. TRANSITORY ORDINANCE NO. AN ORDINANCE VACATING STREET RIGHT-OF-WAY THE CITY OF RICHFIELD DOES ORDAIN: Section 1. The following described land is subject to an easement for public right-of-way purposes: That part of Lake Shore Drive adjoining and lying southerly of Lots 19, 20, 21 and 22, Block 3, Fairwood Shores, according to the recorded plat thereof on file in the office of the Registrar of Titles, Hennepin County, Minnesota, described as follows: Beginning at the most westerly corner of said lot 19; thence southwesterly, along the extension of the northwesterly line of said Lot 19, a distance of 24.42 feet; thence southeasterly to the most southerly corner of said Lot 22; thence northwesterly, along the southwesterly lines of said Lots 22, 21, 20 and 19, to the aforedescribed point of beginning, and there terminating. That part of Lake Shore Drive adjoining and lying southerly of Lot 23, Block 3, Fairwood Shores, according to the recorded plat thereof on file in the office of the Registrar of Titles, Hennepin County, Minnesota, described as follows: Commencing at the most westerly corner of Lot 19, said Block 3; thence southwesterly along the extension of the northwesterly line of said Lot 19, a distance of 24.42 feet; thence southeasterly to the most southerly corner of Lot 22, said Block 3, said point being the point of beginning of the parcel to be described; thence easterly along a tangential curve, concave to the north, radius 210.00 feet, central angle 32 degrees 51 minutes 09 seconds a distance of 120.41 feet to the intersection with the southwesterly production of the easterly line of said Lot 23; thence northeasterly 32.63 feet to the southeast corner of said Lot 23; thence westerly along the south line of said Lot 23, to the point of beginning and there terminating. (refer to herein as the "Vacated Area") Sec. 2. The City of Richfield has initiated the vacation of the Vacated Area. q'?- Sec. 3. The vacation is subject to a utility easement over portions of the Vacated Area as the City determines to be necessary for the continued maintenance and operation of existing public utility facilities. 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 vacation is subject to a public easement over portions of the Vacated Area as the City determines to be necessary for the purposes of erecting a public entrance monument. Sec. 5. The Council finds that, upon recording of the permanent utility easement and public easement, there will no longer be a public need for a right- of-way easement over the Vacated Area, as described in Section 1 of this Ordinance. Sec. 6. The easement over the Vacated Area, as described in Section 1 of this ordinance, is hereby vacated. Passed by the City Council of the City of Richfield, Minnesota this day of , 1998. r1 L Martin J. Kirsch, Mayor ATTEST: Thomas P. Ferber, City Clerk E W V W Q I I I I 1 1 I 1 W I > w U) 1 I I I I I ? W J IJ l( Q I I 0{ c 4 U U a z O Q J in Q'. N Q w m a Cs z 0 J m Cn z 2 Q J m H Cs z 0 J co z 0 a J m Q W N q-3 LL LL LL ?LL OOOOO dp O CO N0 N NNtf7 N0 p?j0 N aD O1aN ?O apNNN N P, tp cON Li :j LU W w w J U Z < Y X N J O a....o>..< LL 0JI j-yiJ U < »>vJ>ZZ LL O J J J Cn LU = LLI Q m WW:) -J C) a) CCCZQW=Wm< CO CD O 00QNzCC CD »H?aC<7 F Z 2 W Q W Z a LL LL LL LL LLLLLL LL LL OOOoNN( 8 W P =tq Q O? (7 ^NN$?VfA '-1' f\ 11 II II II ???pp O N 0I 0' pO O O X ttownwm C', N to N N N cy P w N O = NN co w W IL N N 04 Q II II II II II N ~ N?N? r J X X X X X w W NN cm U) m J U CL N CO 0 z Z) cv ZW z ow W W DWZO 5 X J LL Zp1J?JZU) O H wo MirrzLL¢a=iw p a wa<LLO Z J Z O¢= Y Q W ¢ 7 Z) LL O ¢mouLL __0 9 LL M X O < ID O O 0 N W O N m O 111 W Q LL z > p j0 O Cn Q CD W LL C7 a O z W w ¢ ? ¢ a O 0 ¢ a t • CITY OF RICHFIELD, MINNESOTA Council Letter No. 189 Agenda August 10, 1998 Issue Statement: First reading of an ordinance amendment rezoning land at 710 Lake Shore Drive from general commercial (C-2) and single family residential (R) to planned multiple residence (PMR) and at 6724 Lyndale Avenue from C-2 to PMR for the Gramercy Park Cooperative development. Background: The City Council is being requested to initiate the rezoning of this site as the developer does not yet have title to both parcels. Gramercy Corporation is proposing to construct a 16 story, 218-unit senior cooperative and 8,000 square foot VFW Post 5555 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. 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). • Recommended Motion: Approve first reading of an ordinance rezoning land at 710 Lake Shore Drive from C-2 and R to PMR and at 6724 Lyndale Avenue from C-2 to PMR; and set a public hearing and second reading for September 14, 1998. 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. The City Council can initiate a rezoning. The rezoning request is then sent to the Planning Commission for review. 3. The Planning Commission and City Council will also review a Planned Unit Development Plan, Final Development Plan and Conditional Use Permit for the proposed development. 4. 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. 5. The rezoning will not be effective until Gramercy Corporation owns both • properties. Y -I I 06. This development is consistent with a redevelopment plan recently approved by the HRA and City Council. 7. The HRA also recently approved a Contract for Private Development with Gramercy Corporation for this site. Alternative Recommendation: Deny this rezoning at first reading. Discussion/Decision Mode: First reading is set for August 10, 1998. If approved, a public hearing and second reading will be scheduled on September 14, 1998. Respectfully submitted, L. Devic Acting City Manager SLD:cak 40 Y-a • BILL NO. AMENDMENT TO APPENDIX 1 OF THE ORDINANCE CODE OF THE CITY OF RICHFIELD THE CITY OF RICHFIELD DOES ORDAIN: 1.01 Appendix 1, which describes the boundaries of various zoning districts of the City, is hereby amended in the following respect: A. Section 3, Paragraph (23), is amended to read as follows: M-6 (NW corner, Lyndale and Lake Shore Drive) That area lying between the center lines of the alley, parallel to and between Lake Shore Drive and Graham Avenue, 1 ,ko Shore Drive and Graham Avenue, and between the center line of Lyndale Avenue the northwesterly lines of Lots 2-aad-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 yndale Avenue and the dedicated public walkway. 2.01 This amendment constitutes a rezoning of 710 Lake Shore Drive from R and 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 th day of , 1998. Martin J. Kirsch, Mayor C7 ATTEST: Thomas P. Ferber, City Clerk Y-3 N aA W $n OQ> ?N p N? &-Un.n. A-22 N ® ? co m CD 0 rn Q N L V/ ti N Y O J .a O O 4-1 O N LL O O N O O O O O VII uivY u L) LL LL L LL U. U. 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W o ?°O m = y Wv ¢ LL (D W Q O z EE : a O m a m f • CITY OF RICHFIELD, MINNESOTA Council Letter No. 188 Agenda August 10, 1998 Issue Statement: Public hearing and second reading of a transitory ordinance vacating a sewer easement at One Meridian Crossings. Background: An old storm and sewer utility easement is located on the Meridian Crossings property. These utilities were abandoned and removed with the construction of the office development. As TOLD prepares to close on Phase I with their take-out buyer, the title company is asking that the old easement be vacated. Recommended Motion: Conduct a public hearing and hold second reading of a transitory ordinance vacating a sewer easement at Meridian Crossings. Basis of Recommendation: 1. The easement is no longer needed for utility purposes; the utilities were abandoned and removed prior to construction of Meridian Crossings. • 2. TOLD is preparing to sell Phase I to the take-out buyer and the title company is requiring that the easement be vacated. Alternative Recommendation: 1. Deny this vacation. 2. Refer the vacation to the Planning Commission. Discussion/Decision Mode: A public hearing is scheduled for the City Council meeting on Monday, August 10, 1998 at 7:00 p.m. in the Council Chambers, Richfield City Hall, 6700 Portland Avenue. Jeve e tfully subm' ed, L. Devich Acting City Manager SLD:cak n LJ BILL NO. 7-1 • TRANSITORY ORDINANCE NO. AN ORDINANCE VACATING A SEWER EASEMENT THE CITY OF RICHFIELD DOES ORDAIN: Section 1. The following described land has been dedicated to the public for utility easement purposes: An easement for the construction, operation, maintenance, and repair of a sanitary sewer main under, over, and across a strip of land 30 feet in width being 15 feet on each side of the following described line: Commencing at the intersection of the West line of the East 1/4 of the Southwest 1/4 of the Southeast 1/4 of Sec 33-28-24 with the South line of the North 1/2 of the Southwest 1/4 of the Southeast 1/4 of said section; then Westerly at an angle of 4 degrees 21 minutes North of due West a distance of 330.1 feet; then Northerly at an angle of 5 degrees, 23 minutes South of due West a distance of 241 feet; then Southerly at an angle of 40 degrees 56 minutes South of due West to the East line of the West 1/4 of the Southwest 1/4 of the Southeast 1/4 of said Section 33-28-24. Sec. 2. The above described easement was granted to the City by an • instrument dated October 13, 1953, filed October 14, 1953 as Document No. 2838854. Sec. 3. The fee owner of abutting land, TOLD Development Company, has petitioned for the vacation of the sewer easement as described in Section 1 of this ordinance. Sec. 4. The Council finds that there is no longer a public need for a utility easement over that portion of property as described in Section 1. Sec. 5. The utility easement over that portion of property, as described in Section 1 of this ordinance, is hereby vacated. Passed by the City Council of the City of Richfield, Minnesota this 10th day of August, 1998. Martin J. Kirsch, Mayor 0 ATTEST: Thomas P. Ferber, City Clerk J 76TH ST. LO M a V MERIDIAN CROSSINGS a SEWER EASEMENT VACATION 1 J4 Z w -' --? i i \ 0 N SEWER -EASEMENT I " i i 1-494 SITE PLAN (I). NORTH SCALE: 1" = 200' DATE: 6-25-98 CITY OF RICHFIELD, MINNESOTA Council Letter No. 187 Agenda August 10, 1998 Issue Statement: Public hearing and second reading of a transitory ordinance to authorize the sale of property at 6913, 6915, 6921, 6925, 6929, 6933, and 6937 Penn Avenue to the HRA for redevelopment purposes. Background: The City Council held the first reading of the transitory ordinance for the sale of the subject properties on July 13, 1998. Since, the HRA is responsible for carrying out redevelopment within the City, it is appropriate for the HRA to undertake a project to redevelop the property to townhouses and construct a "dry" stormwater collection pond to mitigate the seasonal flooding which occurs on site. In order to accomplish this, it is proposed that the City sell the property to the HRA for one dollar. The HRA would then sell the property to a developer. A Contract for Private Development between the HRA and developer would be negotiated for the construction of the stormwater pond and townhouses. Land sale proceeds would also be addressed in the contract. The cost of the stormwater pond construction would be a credit to the developer against the cost of the land. It would be the intention of the HRA to return to the City's stormwater utility fund the net proceeds of sale, if any, since the stormwater utility has funded the property purchases. The City Council would have an opportunity to review the total redevelopment concept through the conditional use permit process. Recommended Motion: Conduct a public hearing and second reading of a transitory ordinance authorizing the sale of property located at 6913, 6915, 6921, 6925, 6929, 6933, and 6937 Penn Avenue, contingent upon the City's acquisition of private property at 6915 and 6937 Penn Avenue, further described in the attached ordinance. Basis of Recommendation: 1. The HRA is the appropriate body to administer the redevelopment process. 2. The City Council conducted a first reading of the transitory ordinance land sale process on July 13, 1998. 3. The legal notice for the public hearing and second reading of the transitory ordinance land sale process was published in the Sun Cun'ent newspaper on July 29, 1998. &,?, l 4. Proceeding with the public hearing and second reading of the transitory ordinance land sale process at this time is appropriate from a project timing perspective. 5. The redevelopment concept for townhouses and a "dry" stormwater collection pond is appropriate for the site and has received positive feedback from the property owners and the neighborhood. Alternative Recommendation: Do not undertake a transitory ordinance for the land sale at this time. However, this would impede the schedule for redevelopment of the site area. Discussion/Decision Mode: As noted in the ordinance, the sale is contingent upon the City securing title to the two remaining properties. The public hearing and second reading of the transitory ordinance at this time will expedite the redevelopment of the property. Publication of the transitory ordinance would occur shortly thereafter and would be effective 30 days after publication, or September 17, 1998. A land sale transaction to the developer could not occur until after the transitory ordinance effective date. c tfully submitted, V427 T 4?1 e en L. Devich Acting City Manager SLD:cak 40 BILL NO. 1998-_ • • TRANSITORY ORDINANCE NO. AN ORDINANCE AUTHORIZING AND PROVIDING FOR THE SALE, TRANSFER OR OTHER DISPOSITION AND CONVEYANCE OF CERTAIN REAL PROPERTY LOCATED IN THE CITY OF RICHFIELD, COUNTY OF HENNEPIN, STATE OF MINNESOTA 6913, 6915, 6921, 6925, 6929, 6933 AND 6937 PENN AVENUE SOUTH The City of Richfield Does Ordain: Sactinn 1- The following described real property located in the City of Richfield, County of Hennepin, State of Minnesota, is hereby authorized to be sold, transferred or otherwise disposed of, and conveyed by the City as herein provided: 6913 Penn Avenue - Lot 20, Block 10, Tingdale Bros. Lincoln Hills 2nd Addition; 6915 Penn Avenue - Lot 19, Block 10, Tingdale Bros. Lincoln Hills 2nd Addition; 6921 Penn Avenue - Lot 18, Block 10, Tingdale Bros. Lincoln Hills 2nd Addition; 6925 Penn Avenue - Lot 17, Block 10, Tingdale Bros. Lincoln Hills 2nd Addition; 6929 Penn Avenue - Lot 16, Block 10, Tingdale Bros. Lincoln Hills 2nd Addition; 6933 Penn Avenue - Lot 15, Block 10, Tingdale Bros. Lincoln Hills 2nd Addition; 6937 Penn Avenue - Lot 14, Block 10, Tingdale Bros. Lincoln Hills 2nd Addition. Section 2: Subject to the City's acquisition of all the parcels described in Section 1, the Mayor and City Manager are hereby authorized to take all actions as required to sell, transfer, or otherwise dispose of and convey the real property described in the foregoing Section 1, including, by way of illustration and not limitation, the execution of all documents, purchase agreements, deeds of conveyance, and other instruments connected with such sale, transfer or disposition and conveyance. Adopted by the City Council of the City of Richfield, Minnesota this 10th day of August, 1998 by the Richfield City Council. Martin J. Kirsch, Mayor ATTEST: 40 Thomas P. Ferber, City Clerk CITY OF RICHFIELD, MINNESOTA Council Letter No. 186 Agenda August 10, 1998 Issue Statement: Continue public hearing and second reading of an ordinance amendment allowing properties formerly zoned and used as industrial property to apply for a Transitional Activity Permit. Background: On April 13, 1998, the City Council conducted a second reading of the 1-494 rezonings. The Council tabled its discussion of the rezonings and asked staff and the Planning Commission to reconsider the impact of the rezonings on existing uses and properties. The Planning Commission reviewed several options and decided to rework the existing Transitional Activity Permit (TAP) process that exists in the C-3 (high density commercial) zoning district. The TAP was developed in the C-3 district to allow for interim or transitional uses in the ILN District until high density development were to take place. The proposed ordinance amendment would allow owners of industrial property to apply for a TAP that would allow interim or transitional activities to take place in the C-2 district until the goals of the Comprehensive Plan are realized. The TAP recognizes that it may be several years before the 1-494 area will develop in a manner consistent with the Comprehensive Plan. In the meantime, nonconforming industrial uses can continue to exist and be extended or expanded if certain standards are met. Several conditions would need to be met for the City Council to grant a TAP (Subd. 6 of the attachment). The conditions reinforce the fact that an expansion be transitional in nature and not greatly increase the cost of any future redevelopment efforts. Building additions would still have to meet setback requirements and performance standards. The City Council would also have the ability to place additional conditions on approval of a TAP (Subd. 8 of the attachment). A TAP does not run with the land like a conditional use permit or variance. A TAP is issued to the property owner and expires upon sale of the property. State Statute allows cities to place a time limit on this type of permit. By definition, the TAP is intended to be transitional or temporary, so having the ability to place a time limit on the permit is appropriate. In addition, by requiring a new owner to reapply for a TAP, the City has the opportunity to explain the long term goals and plans for the area as well as the restrictions that accompany a TAP. Recommended Motion: Continue public hearing and approve second reading of an ordinance amendment establishing a Transitional Activity Permit in the C-2 zoning district until August 24, 1998. Basis of Recommendation: 1. This item is related to the 1-494 rezoning item. Staff is recommending that the rezoning item be continued until August 24, 1998 to allow for additional public notice. It is appropriate to conduct both hearings at the same meeting. • 5- 2. The City Council requested that additional flexibility be given to property owners to allow them to use their property until the goals of the Comprehensive Plan can be realized. 3. The Transitional Activity Permit allows industrial property owners to extend or expand an existing industrial use until the goals of the Comprehensive Plan can be realized. 4. The Transitional Activity Permit establishes criteria that must be met for a nonconforming industrial use to be allowed to expand or be extended. 5. The moratorium on development will expire in September 1998. It is appropriate to move forward with the rezonings and ordinance amendment before the moratorium period expires. 6. Industrial users were invited to the Planning Commission meeting where the proposal was discussed. Some owners attended and participated in the discussions. 7. On June 23, 1998, the Planning Commission voted 7-1 to recommend approval of the ordinance amendment. The vote against the amendment was because the amendment places no time limit on a property owner's ability to apply for a TAP. 8. The City Council held first reading of the amendment on July 13, 1998. 0 9. Notice of the public hearing was published in the Sun Current and mailed notices were sent to owners of industrial property in the 1-494 area. Alternative Recommendation: 1. Deny this amendment. 2. Approve the amendment with revisions. Discussion/Decision Mode: A public hearing is scheduled for 7:00 p.m., Monday, August 10, 1998 in the Council Chambers, 6700 Portland Avenue. The hearing is continued until Monday, August 24, 1998. p ctfully submitted, 01 even L. Devich Acting City Manager SLD:cak 0 J' C-? 9 BILL NO. AMENDMENT TO SECTION OF THE ORDINANCE CODE OF THE CITY OF RICHFIELD THE CITY OF RICHFIELD DOES ORDAIN: Section 1. Subsection 526 of Appendix B of the ordinance code of the City of Richfield is amended by adding subsection 526.63 as follows: 526.63. Transitional activity permits. Subdivision 1. Purpose. A goal of the City's Comprehensive Plan is to gradually phase out industrial zoning in the City. The Council recognizes that the transition from industrial to commercial uses will occur over time and may require an extended period of transition to be fully realized. The Council further recognizes that it may be appropriate and desirable to permit, subject to the conditions and limitations of this subsection, the owners of lands within the C-2 District, that were zoned and used industrially prior to September 18, 1998, to engage in certain interim activities with respect to the land, the structures or the uses during the transition period which will both permit existing industrial development within the C-2 District to remain viable but which will not have the effect of either delaying the transition or increasing the public costs connected with such transition. This subsection is intended to authorize the approval of certain transitional activities as interim uses in accordance with state law, to establish the circumstances under which certain transitional activities may take place, and to set forth the regulations, limitations and conditions applicable to such activities. Subd. 2. Transitional activities. The extension or expansion of nonconforming industrial uses in the C-2 district shall be referred to as transitional activities. Subd. 3. Permit required. It shall be unlawful for the owner or occupier of any land within the C-2 District to engage in any transitional activity without having first obtained a permit to do so. It shall be unlawful for the owner or occupier of such land to engage in any transitional activity in contradiction to the terms and conditions of any issued transitional activity permit. Subd. 4. Application for a transitional activity permit shall be made to the Director on forms provided by the City and shall contain or be accompanied by the following: a) a site plan drawn to scale showing the dimensions of the parcel and the dimensions and locations of all structures; b) in instances where the site is to be utilized in connection with a use or structure located on a contiguous parcel, the site plan shall contain the same detail for the contiguous parcel; c) the proposed uses; d) the proposed modifications, alterations, renovations or improvements to be made in connection with the transitional activity, and the estimated cost of each; e) the time for completion of all modifications, alterations, renovations or improvements; 9 0 evidence of ownership or interest in the property; 5-3 0 g) the fee specified in Appendix D of the City Code; and h) estimated market value before and after, the change in taxes before and after, and change to potential cost of public development. Subd. 5. Public hearing. The provisions of subsection 526.43, Subd. 5 shall be applicable to public hearings concerning the issuance of transitional activity permits. Subd. 6. Criteria and standards. A transitional activity permit shall not be granted unless the Council makes the following findings: a) the transitional activity is in connection with a property that was zoned and used as industrial prior to September 18, 1998. b) the transitional activity is in connection with an industrial use that was either permitted or conditional in the I district; c) the transitional activity will maintain the vitality and economic success of the applicant's business during the transition period of the industrial property to commercial uses; d) the transitional activity will not have an adverse impact upon development of land within the C-2 District in the manner intended for the district under the City's land use regulations or its Comprehensive Plan; e) the transitional activity will not materially increase the potential public cost of development within the C-2 District because of significant increases in the land and building value; and f) the transitional activity will be compatible with surrounding uses, will have no adverse impact upon surrounding properties, and will be in full compliance with all performance standards and requirements contained in this code applicable to uses and structures in the I District. Subd. 7. Duration of permit. Any transitional activity permit granted by the Council shall state on its face the date or event that shall result in the expiration of such permit. Any transitional activity may be terminated by a change in zoning regulations. Subd. 8. Conditions. In approving a transitional activity permit the Council may place conditions and limitations upon the permit which, in the Council's discretion, will assure: a) that the transitional activity will be compatible with surrounding uses; b) that the activity is merely of a transitional nature and will not impede the orderly transition from industrial to commercial uses in the C-2 District; and c) that the public costs occasioned by the ultimate development of former industrially zoned property in the C-2 District will not be materially increased as a result of the transitional activity. Subd. 9. Revocation. The City may revoke any transitional activity permit granted under this subsection upon violation of any condition of the permit, any law of the United States or the State of Minnesota, or any ordinance of the City. The procedure to be followed in considering such action shall be the same as the procedure described in Subsection 546.05, Subds. 12-13 of this code. 5- q Subd. 10. Permit not assignable. The right to engage in transitional activities shall be the personal right of the person(s) named on the permit. Transitional activity permits may not be transferred or assigned to another even though such other person or entity may succeed to permittee's interest in the land. The permit shall terminate upon such transfer or assignment, and permittee's successor in interest in the land shall not engage in any transitional activity until such successor has obtained a new transitional activity permit. Passed by the City Council of the City of Richfield, Minnesota this day of August, 1998. Martin I Kirsch, Mayor ATTEST: Thomas P. Ferber, City Clerk • U q • CITY OF RICHFIELD, MINNESOTA Council Letter No. 185 Agenda August 10, 1998 Issue Statement: Continue the public hearing and second reading of an ordinance amendment rezoning property along Interstate 494 that is inconsistent with the City's Comprehensive Plan. Background: On September 22, 1997, the City Council adopted a resolution establishing a moratorium on development along 1-494, between Pleasant and Cedar Avenues. Much of the property along 1-494 is zoned industrial, which permits uses that would be inconsistent with the City's recently adopted Comprehensive Plan. The Comprehensive Plan encourages more intensely developed, higher quality regional commercial and office uses along the City's freeways. The Planning Commission prepared a recommendation to the City Council to rezone property along 1-494 to zoning districts that would be consistent with the Comprehensive Plan. The City Council conducted a public hearing on the rezonings on April 13, 1998. The hearing was continued to a future meeting on or before August 10, 1998 and the Council directed staff to consider ways of lessening the impact of the • rezonings on industrial property owners. An ordinance amendment has been developed that establishes a Transitional Activity Permit (TAP) for these industrial properties. An owner wanting to expand an existing industrial use could apply for a TAP until such time as the goals of the Comprehensive Plan are realized. Second reading of the TAP ordinance amendment is scheduled for the August 10, 1998 City Council meeting. The development moratorium expires on September 5, 1998; however, the rezonings would not be effective until September 18, 1998. The moratorium should be extended until the rezonings are effective. Recommended Motion: Continue the public hearing and second reading of an ordinance amendment rezoning the properties identified in Attachment A that are inconsistent with the City's Comprehensive Plan until August 24, 1998. Basis of Recommendation: 1. Upon review of the action taken by the City Council at the public hearing on April 13, 1998, staff have determined that additional public notification is necessary to reconvene the hearing. Notice will be provided for August 24, 1998. • 2. The Planning Commission has reviewed the zoning and Comprehensive Plan designations of property in the study area and determined that it is appropriate to rezone the inconsistent properties. • 3. The Comprehensive Plan provides a vision for the City to guide future land use decisions. When redevelopment occurs, it should be consistent with the goals and objectives found in the City's Comprehensive Plan. 4. The City's zoning does not adequately address the development of property along 1-494 in a manner consistent with the goals of the Comprehensive Plan. 5. The Planning Commission hosted an open house on February 24 for owners of property to be rezoned. The Commission received feedback and answered questions about the rezoning. 6. On February 24, 1998, the Planning Commission voted unanimously to recommend rezoning the properties. 7. On June 23, 1998, the Planning Commission voted 7-1 to recommend an ordinance amendment establishing a Transitional Activity Permit for industrial properties being rezoned. 8. The Transitional Activity Permit will lessen the impact of the rezonings on properties that are zoned and used industrially. 9. While providing some flexibility to industrial property owners, the Transitional • Activity Permit still recognizes that the long term goals for the area are not for industrial development. 10. Mailed notices about the Transitional Activity Permit and the continued discussion of the rezonings were mailed to affected property owners. 11. Notice of the public hearing on April 13, 1998 was mailed to property owners and occupants within 350 feet and published in the Sun Current. Alternative Recommendation: 1. Approve the rezonings with changes. 2. Deny the rezonings. Discussion/Decision Mode: A public hearing was held on Monday, April 13, 1998. The public hearing is continued to the City Council meeting on August 24, 1998 to allow for an additional published notice. 12en pectfully submi d, L. Devich Acting City Manager SLD:cak v-9- • BILL NO. AMENDMENT TO APPENDIX 1 OF THE ORDINANCE CODE OF THE CITY OF RICHFIELD THE CITY OF RICHFIELD DOES ORDAIN: A. Appendix 1, which describes the boundaries of various zoning districts of the City, is hereby amended in the following respect: A. Section 1, Paragraph (6), is amended to read as follows: (6) M 16 That area hying het..1eeM1 the neater lines of 77th aRd 78th vr onrlAvenue and the west right_ vof_ Street. , and be ?e ce cn n thc e venterrrccr linnc e of Ce8?vrra rrc and cnvc?r-v?-cr rr way line of the SOO I iae Rail,.,a . (Repealed, Bill No. ). B. Section 1, Paragraph (10), is amended to read as follows: (10) M=44 (Sside Of 77th W of DerFlaRd) That area hying hetweea the vent of 77+h aRd 78th Streets, aRG1 et;Nee I the GeRter line of (Minton A?yen? ?e evtenrlerl eny! the east line of Q°aft's Addition. (Repealed, Bill No. C. Section 3, Paragraph (27), is amended to read as follows: (27)- M r 16 That Area -lying betweeR the GGei;rc r lines Of C.onp ue earl (Minton A\yRn me evtenderl earl hebNeen the neater lines of 77th ear! 78th s eta. (Repealed, Bill No. ). D. Section 3, Paragraph (48), is amended to read as follows: (48) M-16, 18 (S of 77th, Nicollet to Park) neap PeFtlan-M That area lying between the on inal center lines of 77th and-78tk?Streets and the center line of 78th Street, and between the east lines of lots 4, 5, and 6, Block 7, R.C. Soen's Addition RaRft's n and the center line of ParkGh*Gage Avenue extended.; .+P Gept the-aFea deSGribed as Ilo4A9s' The north 13 7 C. feet of the Southwest s ToWR6hin g, R^c`^„y 24, t the .?yes orc?r t 75.1.veet thereofrrcrcvr. (Amended, Bill No. ?-vvm? ? aRge ??- e?cv?"YXGeprcric ?v ?0?7- frccrc I 0 E. Section 3, Paragraph (62), is amended to read as follows: q-3 . (62) M 19 (S ef} 77+h roar I (l+h\ The East Half of the Se thwcct QuaFtef er the Southeast QuaFteF of the ere aRd the West Half of the Sestiee5, TewRs#ip 28, Rar24, exGepteads, (Repealed, Bill No. F. Section 3, Paragraph (68), is added to read as follows: (68) M-16 That area lying between the original centerline of 77th Street and the centerline 78th Street, and between the center line of Wentworth Avenue and the West right-of-way line of the Soo Line Railway. G. Section 3, Paragraph (69), is added to read as follows: (69) M-16 (NE corner of 78th and Wentworth) Lot 4, Block 6, R.C. Soen's Addition- H. Section 13, Paragraph (7), is amended to read as follows: (7) M-18 (S of 77th Street, Chicago to 12th8VV G9F er 77th aRd 1-2t4) That area lying between the GenteF lines 9 77th and 78th Streets and between the ^enter IiRe of -11th -venue e)deRdeJ,Park Avenue extended and the wes "ne e# 12th Avenue except the east 185 feet of the south 135 feet thereof. 1. Section 13, Paragraph (9), is amended to read as follows: (9) M 18 (SF=.GGFReF, ;z;zth and GhaGft?q The area lying between 7-7414 StFeet and- Int-p-mot-at-p- Highway 494, and between ChiGage Avenue and- the n-ente lire of Elliot Avenue e"teRded Repealed, Bill No._______). J. Section 13, Paragraph (10), is amended to read as follows: (10) Southwest Q 1°Fter of the Southwest Q garter of the Se uthwest Quarter 9 Sestiea-36, TGWes#ip 28, e-24, eXGept-the west feet theree eXGept Feads. (Added, Boll Ne. 19-92-4 5). (Repealed, Bill No. ). K. Section 13, Paragraph (17), is added to read as follows: 17) M-16 (SE corner of 77th and Wentworth) That area Ivina between 77th and 78th Streets, and between Wentworth Avenue and the east lines of Lots 4, 5, and 6, Block 7, R.C. Soen's Addition, and excluding Lot 4, Block 6, R.C. Soen's Addition. q-4 This amendment constitutes a rezoning of the following properties: 7701 4th Avenue, 7715 4th Avenue, 7720-40 4th Avenue, 7731 4th Avenue, 7701 5th Avenue, 7708 5th Avenue, 7714 5th Avenue, 7744 5th Avenue, 345 77th Street East, 415 77th Street East, 631 77th Street East, 701-735 77th Street East, 901- 1001 77th Street East, 710-734 78th Street East, 900-1000 78th Street East, 140 78th Street East, the east 70 feet of 305 East 77th Street, 500 78th Street East, 45-99 77th Street West, 30-80 and 90 78th Street West, 84 78th Street West, 100 78th Street West, 200 78th Street West, 7700 Nicollet Avenue, 7701 Nicollet Avenue, 7717 Nicollet Avenue, 7720 Nicollet Avenue, 7700 Pillsbury Avenue, 7701 Pillsbury Avenue, 7709 Pillsbury Avenue, 7715 Pillsbury Avenue, 7717 Pillsbury Avenue, 7721 Pillsbury Avenue, 7700 Wentworth Avenue, 7720 Wentworth Avenue, 7727 Wentworth Avenue B. An Interim Ordinance Directing that a Study be Conducted and Restricting Certain Activities within the Study Area, Bill No. 1997-16, is hereby extended until September 18, 1998. Passed by the City Council of the City of Richfield, Minnesota this day of August, 1998. • Martin J. Kirsch, Mayor ATTEST: Thomas P. Ferber, City Clerk 0 Proposed Rezonings --1-494 Properties q-5 # Property Address Business/Apartment Name Existing New Comp Plan Current Proposed Land Use Designation Zoning Zoning 1 7744 12th Ave S Phillips 66 COM RMH C-2 MR-3 2 7701 4th Ave S Premier Properties APT C-R/O I C-2 3 7715 4th Ave S Single Family Residential RES C-R/O I C-2 4 7720 4th Ave S Crestwood Apts APT C-R/O I C-2 5 7731 4th Ave S Blaylock Plumbing Company IND C-R/O I C-2 6 7701 5th Ave S Parking Lot COM C-R/O I C-2 7 7708 5th Ave S Parking Lot COM C-R/O I C-2 8 7714 5th Ave S Bon Auto Works COM C-R/O I C-2 9 7744 5th Ave S Arby's COM C-R/O I C-2 10 345 77th St E Richfield-Bloom. Credit Union COM C-RIO I C-2 11 415 77th St E Richfield Wheel Alignment COM C-R/O I C-2 12 631 77th St E Boyum Properties APT C-R/O MR-3 C-2 13 701 77th St E Hampton Place Apts APT RMH C-2 MR-3 14 901 77th St E Hampton Place Apts APT RMH C-2 MR-3 15 710 78th St E Hampton Place Apartments APT RMH C-2 MR-3 16 1001 77th St E Heritage Square Apts APT RMH C-2 MR-3 17 140 78th St E Burger King COM C-R/O I C-2 18 500 78th St E Khan's Mongolian Restaurant COM C-R/O I C-2 19 45 77th St W New Orleans Court Apts APT RMH I MR-3 20 30 78th St W New Orleans Court Apts APT RMH I MR-3 21 84 78th St W Sherwin-Williams COM RMH I MR-3 22 100 78th St W Viking Paints IND C-R/O i C-2 23 200 78th St W Minnesota Mini-Storage COM C-R/O I C-2 24 7700 Nicollet Ave S Embers COM C-R/O I C-2 25 7701 Nicollet Ave S Chi Chi's COM C-R/O I C-2 26 7717 Nicollet Ave S Menards COM C-R/O 1 C-2 27 7720 Nicollet Ave S Super America COM C-R/O I C-2 28 7701 Pillsbury Ave S Carlson Construction IND C-R/O I C-2 Universal Power Conversion McCann and Associates Cool Stuff Brokerage Press Parts 29 7709 Pillsbury Ave S Anchor Fence Co. of Minnesota IND C-R/O I C-2 30 7715 Pillsbury Ave S Williams Drywall IND C-R/O I C-2 31 7717 Pillsbury Ave S George Printing IND C-R/O I C-2 32 7721 Pillsbury Ave S Direct Line IND C-R/O I C-2 33 7700 Wentworth Ave S Hollenbeck and Nelson IND C-R/O I C-2 34 7720 Wentworth Ave S Hoveco Janitorial Supplies IND C-R/O I C-2 35 7727 Wentworth Ave S Multiple Family Residential APT RMH I MR-3 LAND USE KEY COMP PLAN KEY ZONING KEY COM = commercial RMH = high density multiple housi ng I = industrial APT = apartment C-R/O = regional commercial/office C-2 = general commercial IND = industrial MR-3 = high density multiple housing RES = residential q_? 9 PA a 0 U bn 0 N O r? WJ N O a 71 m U O ? U N N E E 5 E U U E 0-0 O Q c .E 'Fn ( N CT L L Co Co c??U= za? -= QUUa Ix U _ ? '' " cc L_ ./ c d t CL __ i `- - V _ a) E ?. o m - -- E W - 40) E >, c .N N O N ? L V C .? C 4w- U to c O O O ? U O 2chN c rnU=?a? C omm } N M gM3 IF vs c .o N .x W tl r U c O N m ?c V o O CL O IL i? i co rn rn 101 C6 m N U- 0 O LO z-e!!!? CCD O O c L tl - U anuanY9 C •a E -- o ?a E _ :1 'a r T °U ? 3 j a d .c L ? 3 9 -Ti +? 4 _N m Q rn 75 _ .o E N E o o U I AA`` ? wJ W w o N v N TM 'O CV ID 2 a On Y o` IM m c `o m CITY OF RICHFIELD, MINNESOTA Council Letter No. 184 Agenda August 10, 1998 Issue Statement: Consideration of an application for renewal of a residential kennel license for Victoria Bauch, 7215 Vincent Avenue. Background: On June 30, 1998, Victoria Bauch submitted an application for a residential kennel license. She owns five dogs. Ms. Bauch's application had all contiguous property owners' signatures on it. An inspection of the property was conducted by a Community Service Officer on July 14, 1998. 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 or complaints from any of the neighbors. Although this application is for five 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. Ms. Bauch has been able to do this. Alternative Recommendation: 1. The Council could decide to deny Ms. Bauch's residential kennel license. This would mean that she would have to reduce the number of dogs she has from five to two. Discussion/Decision Mode: Recommendation to approve the application for a residential kennel license for Victoria Bauch, 7215 Vincent Avenue, is presented for Council consideration at this time. R e tfully sub ' ed, n L. Devich Acting City Manager SLD:cak is 3G • CITY OF RICHFIELD, MINNESOTA Council Letter No. 183 Agenda August 10, 1998 Issue Statement: Consideration of an application for renewal of a residential kennel license for Ronald and Margaret Glaub, 7209 12th Avenue. . Background: On July 1, 1998, Margaret Glaub submitted an application for their residential kennel license. They own four dogs. The application had all contiguous property owners' signatures on it. An inspection of the property was conducted by a Community Service Officer on July 14, 1998. 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 or complaints from any of the neighbors. Although this application is for four 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. The Glaub's have been able to do this. Alternative Recommendation: 1. The Council could decide to deny the Glaub's residential kennel license. This would mean that they would have to reduce the number of dogs they have from four to two. Discussion/Decision Mode: Recommendation to approve the application for renewal of a residential kennel license for Ronald and Margaret Glaub, 7209 12th Avenue, is presented for Council consideration at this time. Ily sub ng City Manager SLD:cak 0 • CITY OF RICHFIELD, MINNESOTA Council Letter No. 182 Agenda August 10, 1998 Issue Statement: Consideration of a new 1998 taxi license for Gold Star Taxi and Transportation Service Corp., 1021 West 80th Street, Bloomington, MN. Background: On July 8, 1998, the City received a new application for a taxi license for 1998 from Gold Star Taxi and Transportation Service Corp. The applicant has paid the required license fees. Staff received reports that Gold Star has been operating in the City without a license, and names of hotels and restaurants that are regularly dispatched to were supplied to staff. Contact was made with the hotels and restaurants. A Hampton Inn clerk said that Gold Star was not a primary provider, but was used when they were extra busy. The Americinn clerk stated that Gold Star was a primary provider. The others contacted stated that Gold Star is not on a call list. The owners of Gold Star Taxi denied that they have been operating in the City. They • indicated drivers operating in a city they are not licensed in would be fined. Staff contacted the City of Bloomington and the Minneapolis-St. Paul airport to see if either has had any problems with Gold Star Taxi. Both reported no problems. The Public Safety background investigation revealed the following: • Nabil Messelhy-Sherif Ali and Samy Mosselhy-Sherif Aly are the owners of the business. They have no known criminal record. • The certificate of liability insurance has been received and shows coverage by Twin City Group. • A list including the make, body style and year of each vehicle to be operated by the applicant has been provided. • The number of vehicles to be operating in Richfield will not exceed 30. Recommended Motion: Approve the request for a new 1998 taxi license for Gold Star Taxi and Transportation Service Corp., 1021 West 80th Street, Bloomington, MN. Basis of Recommendation: 1. It appears the applicant meets the standards set forth in the ordinance. The applicant has also indicated their desire to comply with all codes and expectations 4P of the City. 02. Based upon the information supplied by the applicant and the investigation conducted, there appears to be no reason to deny the license requested. Alternative Recommendation: 1. The Council could decide not to grant the license. This would result in the applicant not being able to operate a taxi company in Richfield. Discussion/Decision Mode: Recommendation to approve the application for a new taxi company license for Gold Star Taxi and Transportation Service Corp., 1021 West 80th Street, Bloomington, MN is presented for Council consideration at this time. R pectfully submitted, en L. Devich Acting City Manager SLD:cak • 0 CITY OF RICHFIELD, MINNESOTA Council Letter No. 181 Agenda August 10, 1998 Issue Statement: Approval of final change order (#2) to CM Construction for Hat Trick Hockey expansion project for $9,637.51. Background: The Hat Trick project which was approved and constructed in 1997 is now fully completed. There were a number of items that remained unresolved at the time of project completion and have now been addressed by City staff, the architect and the contractors and are presented for payment. The most significant issue is the additional amount of $6,679.50 for soil correction work. In addition, there was another $1,174.50 for soil correction work testing and $1,375.51 for additional bituminous ramping and surfaces around the new entrance of the arena. The remaining small amounts were minor changes relating to perimeter rock mulch and a ceiling access panel in the vestibule. The total cost of the change order is $9,637.51. Recommended Motion: Approve change order #2 for Hat Trick Hockey expansion project in the amount of • $9,637.51. Basis of Recommendation: 1. The extra work included in the final change order was a legitimate part of doing the project and is mostly centered around the soil corrections work that turned out to be more extensive than originally thought. 2. The work has been performed by the contractors and the project completed. Payment should now be made. Alternative Recommendation: None. Discussion/Decision Mode: The final amounts in change order #2 pertain to work that was performed several months ago and should be handled at the Council's soonest opportunity so this matter can be closed. R *teveL. bmitted, 41 I r:X h Acting C ity Manager SLD:cak G?l? 1 OWNER ARCHITECT CHANGE ORDER NO.2 (REVISED) CONTRACTOR ? USER REP. ? CONSULTANT ? CONSULTANT 13 11 13 PROJECT Hat Trick Hockey Expansion Richfield Ice Arena 636 East 66th Street Richfield, Minnesota 55423 TO CONTRACTOR: INITIATION DATE: ARCHITECTS PROJECT NO.: CONTRACT DATE: August 4, 1998 117-001-00 June 16, 1997 CM Construction 12215 Nicollet Avenue South Burnsville, Minnesota 55337 Attn: Chris J. Johnson YOU ARE DIRECTED TO MAKE THE FOLLOWING CHANGES IN THIS CONTRACT: 1. Implement additional soil correction work as summarized in Richard J. Carlson Architects, Ltd. letter dated January 30, 1998, American Engineering Testing, Inc. letter dated January 29, 1998 for the additional amount of $6,679.50 (see attachments). 2. Implement CM Construction Company claim dated January 18, 1998 for construction of bituminous ramping surfaces at Arena and Hat Trick Entrances for the additional amount of $1,375.51 (see attachments). 3. Implement Modification No.5 dated November 24, 1997 which provides for the omission of the perimeter rock mulch bed and plastic edger for the deductive amount of ($133.00) and the construction of a new flush board ceiling access panel in the New Vestibule 105 for the additional amount of $541.00, the net total of these work items therefore being an additional amount of $408.00 (see attachments). 4. Implement additional soil correction work as negotiated with the Contractor on March 18, 1998 and indicated in the marked-up letter from CM Construction Company dated April 10, 1998 and the American Engineering and Testing Inc. letter dated May 14, 1998 for the additional amount of $1,174.50 (see attachments). TOTAL AMOUNT THIS CHANGE ORDER ADD $9,637.51 This Change Order is not valid until signed by the Owner, the Architect, and the Contractor. Signature of Contractor indicates agreement herewith, including any adjustment in the Contract Sum or the Contract Time. The Original Contract Sum was $ 256,292.00. Net change by previously authorized Change Orders $ 5,193.72. The Contract Sum prior to this Change Order was $ 261,485.72. The Contract Sum will be (increased) by this Change Order $ 9,637.51. The new Contract Sum including this Change Order will be $ 271,123.23. The Contract Time will be (unchanged) by 0 Days. The Date of Completion as of the date of this Change Order therefore is October 15, 1997. E Page 1 • • APPROVED BY ARCHITECT: Richard J. Carlson Architects, Ltd. 2116 Second Avenue South Minneapolis, Minnesota 55404 By: AGREED TO BY CONTRACTOR: CM Construction Company 12215 Nicollet Avenue South Burnsville, Minnesota 55113 By: Date: Date: AUTHORIZED BY OWNER: City of Richfield Hennepin County Minnesota 6700 Portland Avenue South Richfield, Minnesota 55423 By: Date: Page 2 3 D CITY OF RICHFIELD, MINNESOTA Council Letter No. 180 Agenda August 10, 1998 Issue Statement: Resolution approving Special Law 1997, Chapter 241, Article 2, Sections 2-6, 9, 10, 13, 14, and 20. Background: For the past few years, the Board of Trustees of the Richfield Fire Relief Association and representatives of the City of Richfield have been proceeding with steps necessary for the consolidation of the Fire Relief Association with the Public Employees Retirement Association (PERA) Police and Fire Benefit Plan. This process was completed with final approval by the City Council in 1997. In the process, special legislation was passed by the 1997 Minnesota Legislature which provided statutory enhancements of the benefit structure for the Fire Relief Association. In essence, the multiplier formula for a maximum pension was increased from 51 % to 55% of the base firefighter salary. This represents about an 8% increase in benefits and is comparable to the enhancements given to the Police Relief Association upon their consolidation with PERA. Without this upgrade in benefits provided through the special legislation, there would likely not have been enough incentive for the members to proceed with the • approving final consolidation. Pursuant to Minnesota statutes the governing body of the City of Richfield must take official action in the form of a resolution and executive a Certificate of Approval of special law to be filed with the Secretary of State in order for the Special Law to become effective. This must be done sometime before January 5, 1999. Since the consolidation has been completed and is of great benefit to both the Fire Association and the City of Richfield, as a housekeeping matter, the City must now ratify the Special Law that provided for the benefit enhancements. Recommended Motion: Adopt the attached resolution approving the special law for the City of Richfield Fire Relief Association benefit enhancement improvements. Basis of Recommendation: 1. A special law concerning benefit enhancements for members of the Fire Relief Association was passed in the 1997 State Legislature and must now be approved by the City to officially become effective. 2. The benefit enhancements contained in this special legislation were an intrical part of the consolidation process as the law addresses specific concerns of the Fire Relief Association regarding their benefit levels. 3b-1 0 3. The City of Richfield and Fire Relief Association mutually approached the Minnesota Legislature seeking the benefit changes. 4. The consolidation has been finally approved by both the Fire Relief Association and the City of Richfield and the benefit improvements were a part of that final package approved by the City Council. Alternative Recommendation: None. The City Council could refuse to approve this special law and enhancement benefits by failing to take action by January 5, 1999. However, the consolidation process was based upon the good faith premise of both the City and the Relief Association that the benefit improvements included in this special law were part of the final package. This would create serious problems with respect to the consolidation that has already taken place. Discussion/Decision Mode: Action on this matter must be taken before January 5, 1999. However, in order to complete the housekeeping matters related to the consolidation it is suggested that this issue be ratified by the Richfield City Council as soon as possible and forwarded to the Secretary of State's office to officially complete the special law process. A Re ectfully sub itted, L. `ch h Acting City Manager SLD:cak 3b-9, • RESOLUTION NO. RESOLUTION APPROVING SPECIAL LAW 1997, CHAPTER 241, ARTICLE 2, SECTIONS 2-6, 9, 10, 13, 14, 20 CONCERNING RICHFIELD FIRE RELIEF ASSOCIATION BENEFIT IMPROVEMENTS WHEREAS, The City of Richfield and the Richfield Fire Relief Association have mutually sought to complete a consolidation of the Fire Relief Association with the Public Employees Retirement Association (PERA) Police and Fire Fund; and WHEREAS, as part of the consolidation the City of Richfield and the Richfield Fire Relief Association have mutually sought certain benefit improvements for eligible participants; and WHEREAS, said benefit improvements were authorized in the 1997 State Legislature by Special Law 1997, Chapter 241, Article 2, Sections 2-6, 9, 10, 13, 14, and 20; and WHEREAS, The City Council of the City of Richfield must formally approve said special law in order for such law to become effective. • NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield that Special Law 1997, Chapter 241, Article 2-6, 9, 10, 13, 14, and 20 is hereby approved. Adopted by the City Council of the City of Richfield, Minnesota this 10th day of August, 1998. Martin J. Kirsch, Mayor ATTEST: Thomas P. Ferber, City Clerk 0 3C • CITY OF RICHFIELD, MINNESOTA Council Letter No. 179 Agenda August 10, 1998 Issue Statement: Resolution designating polling places and appointing election judges for the September 15, 1998 Primary Election and the November 3, 1998 General Election. Background: Minnesota Statute 2046.21, Subd. 2 provides that election judges for precincts in a municipality shall be appointed by the governing body of the municipality and that the appointments be made at least 25 days before the election at which the election judges will serve. The City Clerk's office has just completed updating and verifying the City's election judge availability list. All individuals who have previously served as an election judge, were on the list submitted to the County Auditor by the major political parties, or have expressed an interest in serving as an election judge were sent a questionnaire to: 1. Determine whether or not they wished to remain on the election judge availability list. 2. Verify existing file information regarding address, political party, etc. • 3. Receive an indication of availability to work at the 1998 scheduled elections. The attached resolution contains the names of all of the individuals on the updated election judge availability list. Appointment by the City Council will allow them to serve as election judges at the Primary Election, the General Election or both elections. Election judges will be assigned to the precincts based on availability, party balance, and the number required for each election. The General Election will require assignment of the greatest number of available judges. The Primary Election will be conducted on Tuesday, September 15, 1998 and the General Election will be conducted on Tuesday, November 3, 1998. Therefore, the City Council must appoint election judges to serve at these elections. Recommended Motion: Adopt the attached resolution designating polling places and appointing election judges for the Primary Election to be held on Tuesday, September 15, 1998 and the General Election to be held on Tuesday, November 3, 1998. Basis of Recommendation: 1. Compliance with Minnesota Statute 20413.21, Subd. 2 2. The proposed resolution contains names of those who have indicated a willingness and ability to serve as an election judge for the September 15, 1998 3C- Primary Election and the November 3, 1998 General Election. The names come from a list of people who have indicated their interest in serving as an election judge to the County Auditor pursuant to the provisions of M.S. 20413.21 subd.1 and those who have previously served or indicated interest in serving. Alternative Recommendation: 1. The City Council could chose to appoint others who are not named in the resolution. 2. If the City Council does not appoint election judges, the conduct of the election would not be valid. Discussion/Decision Mode: The City Council is required by state statute to make election judge appointments at least 25 days prior to the election. Therefore, it is recommended the City Council pass the attached resolution at this meeting. Re ctfully submitted, • . Devich Acting City Manager SLD:cak 0 RESOLUTION NO. RESOLUTION DESIGNATING POLLING PLACES AND • APPOINTING ELECTION JUDGES FOR THE STATE PRIMARY ELECTION OF SEPTEMBER 15, 1998 AND THE GENERAL ELECTION OF NOVEMBER 3, 1998 WHEREAS, a State Primary Election will be held on Tuesday, September 15, 1998 and a General Election will be held on Tuesday, November 3, 1998. NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Richfield, that said elections shall be held at the polling places as herein appear specified: Precinct No. 1 Mt. Calvary Education Building Ward 3 6541 16th Avenue Precinct No. 2 St. Peter's Catholic Church Ward 2 6730 Nicollet Avenue Precinct No. 3 Sheridan Hills School Ward 1 6400 Sheridan Avenue • Precinct No. 4 St. Richard's Catholic Church Ward 1 7540 Penn Avenue Precinct No. 5 Richfield Junior High School Ward 1 7461 Oliver Avenue Precinct No. 6 Central School Building Ward 2 7145 Harriet Avenue Precinct No. 7 Hope Presbyterian Education Facility Ward 2 7132 Portland Avenue Precinct No. 8 Richfield Intermediate School Ward 3 7020 12th Avenue • Precinct No. 9 Centennial School Ward 3 7315 Bloomington Avenue and, that the following are hereby appointed as judges for said elections: 3C-3 Resolution No. James Alagna (R) Mark Amberson (R) Janice Andersen (R) Clyde Anderson (R) Ben Arriola (R) Angela Aylward (DFL) Kathryn Bakke (R) Muriel Bernstein (DFL) Linda Bloomgren (DFL) Donald Bouchier (DFL) Kathryn Breeggman (DFL) Gert Broker (R) Ann C. Burkhardt (DFL) Elaine Carlson (R) Mr. Ted Chao (R) Darlene Colbenson (DFL) Barb Cook (DFL) Geraldine R. Cooper (R) Corrine Cosgrove (DFL) Clara Darsow (DFL) Emily Day (DFL) Alice Dickinson (R) Robert Dover (R) Celestine Dumas (R) Kimberly Edson (DFL) Liz Ekholm (DFL) Lynette Farnell (Reform) Veronica Fashant (DFL) Donna Fischer (DFL) Jette Floberg (R) Beatrice Frankus (DFL) Eloise Friend (R) Beverly Gerber (DFL) Elayne Gilhousen (R) Shirley Gisselquist (DFL) Mary Lee Hanson (DFL) Betty Harrington (DFL) Gladys Hayden (DFL) Diane Mary Healey (R) Joan Helmer (DFL) Mae Hermansen (R) Helen Hillstrom (DFL) Ilene Holen (R) -2- JoAnn Holt (R) Marion Horning (DFL) Jill Horowitz (DFL) Bob Houlten (R) William G. Hulwi (DFL) Mary Lou Janco (DFL) Ray Johnson (DFL) Elaine Kaibel (DFL) Danette Kamrath (R) Olga Kelash (DFL) June King (R) Emil Sherwood Koebnick (DFL) Shirley Elaine Koebnick (DFL) Rosemary Koelln (R) Lois Kovach (DFL) Robert Kraus (DFL) Michaelene Kvaale (R) Bernadette Lais (R) Pauline Leighton (DFL) Susan Lewis (R) Doris Liedtke (DFL) Nancy Lindberg (DFL) Jeanne Lindstrom (R) Jeanette Lofstrom (DFL) Norton W. Lund (R) Darold Luze (DFL) Lorraine Maki (DFL) Cynthia Mandl (DFL) Clifford Martinson (R) Connie McDonald (DFL) Patricia Medley (DFL) Donna Mercer (DFL) Robert Meyerson (R) Carolyn Moe (DFL) Janice Moore (DFL) Doug Morey (DFL) Jerad Morey (DFL) Richard Morey (DFL) Helen Moritz (DFL) Carol Mortenson (R) Philip Mortenson (R) Abner Morvig (DFL) Ann Mullerleile (DFL) Jane Myre (R) Renee Nelson (R) Marilyn Nienkerk (DFL) Dawn Nilsen (R) Edyth Nye (R) Lee Ohnesorge (DFL) Mark Olsinger (R) Ruth Irene Olson (DFL) Fern Oreck (DFL) Ruth Pafko (DFL) Allan Parker (R) Dorothy A. Peabody (R) Barbara Peterson (DFL) Helen Peterson (DFL) Marilyn Peterson (DFL) Martha Prottengeier (R) Eleanor Rasmussen (DFL) Carolyn Ring (R) Harriet Ring (DFL) Robin Robinson (DFL) Gladys Rudy (DFL) Diana St. Aubin (R) Julian Sandsness (R) Dorothy Schostag (DFL) Joann Schuldt (Reform) William Sharkey (R) Suzanne Sower (R) William Stixrud (DFL) Geraldine Stoffel (R) Fay Sullivan (DFL) Eleanore Swanson (R) Mary Swanson (DFL) Arline Thomas (R) Marion Thompson (R) Claire Todd (DFL) Pat Toney (R) Gertrude Ulrich (DFL) Bernice Utter (DFL) Kathryn Voigt-Johnson (DFL) Helen Volz (DFL) Pearl Weitbrecht (DFL) Christine Windorski (DFL) PASSED by the City Council of Richfield, Minnesota this 10th day of August, 1998. 0 ATTEST: Martin J. Kirsch Mayor Thomas P. Ferber City Clerk 38 CITY OF RICHFIELD, MINNESOTA Council Letter No. 178 Agenda August 10, 1998 Issue Statement: Resolution approving plan modification for Aetna Adapter - 457 II Deferred Compensation Plan. Background: The City of Richfield currently offers a number of qualified 457 deferred compensation plans to its employees. One such plan is through the Aetna Life Insurance and Annuity (Aetna). Aetna has approached the City as well as other cities and counties in the metro area with the modification in their 457 plans to be considered and approved by each jurisdiction. The major changes proposed by Aetna are: • Decreased charges on the variable investment options. In essence, the Aetna charges for Aetna products would be reduced from 1.25% to .5% for a net savings of .75% for participating employees. There would be a similar reduction for non- Aetna products from 1.25% to .65%. • A new fixed account, the Aetna Fixed Account-457. This account would carry a 6% current interest rate (not less than 5.4% through July 31, 1998). Existing fixed and . fixed plus assets and future allocations to these accounts would now be directed into the Aetna Fixed Account - 457. • No fixed account window transfer restrictions. This would allow for unlimited transfers from available funds into the new fixed account. • Unregistered products. The fee reduction is made possible by Aetna switching to an unregistered annuity product. Individual investment funds would continue to be registered under the Investment Company Act of 1940 but not under the Securities Act of 1933. This means that Aetna will not have to file a registration statement covering the product with the Securities Exchange Commission (SEC) or print and deliver prospectuses in the form mandated by the SEC. However, anti-fraud protections of the Federal Securities Law would continue to apply. In summary, the level of service and protection provided by Aetna would not change despite the fee reduction to plan participants. Additionally, Aetna has already complied with changes in the federal law which protect the plan assets for the exclusive benefit of plan participants and their beneficiaries. Recommended Motion: Adopt the attached resolution approving the Aetna Adapter - 457 plan modifications and authorize the City Manager to execute all related certifications and documentation. • Basis of Recommendation: 1. Aetna has presented a series of plan modifications for their 457 plan which would, on balance, benefit plan participants. 36-1 02. The Aetna plan modifications must be approved by each city in order to become effective with their respective jurisdictions. 0 3. Other jurisdictions such as Hennepin County and the City of Minneapolis have already approved these plan changes. 4. The City Attorney has reviewed the proposed amendment and can find no significant reason to disapprove the proposed changes. Alternative Recommendation: 1. City Council could disapprove the plan changes. However, this would provide a different level of benefits for Richfield than 457 plans in other cities provided through Aetna in the Metro area. 2. The City Council could defer action on this item to a future meeting. Discussion/Decision Mode: In order to put these changes into effect as soon as possible, it is recommended that City Council take action on this item at the August 10 regular City Council meeting. ng City Manager SLD:cak 0 38-9- 0 RESOLUTION NO. RESOLUTION APPROVING PLAN MODIFICATION FOR AETNA - 457 II DEFERRED COMPENSATION PLAN WHEREAS, the City of Richfield currently offers a qualified deferred compensation program to its employees; and WHEREAS, the City of Richfield has a contract through Aetna Life Insurance and Annuity (Aetna) for one such qualified 457 plan; and WHEREAS, Aetna has approached the City with proposed plan modifications incorporated into the Aetna Adapter - 457 II Deferred Compensation Plan; and WHEREAS, the City of Richfield must formally approve such plan document in order for the offering to be made to plan participants; and WHEREAS, the plan modifications proposed by Aetna in the Aetna Adapter - 457 II Plan appear to be on balance favorable to plan participants. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield that the City Manager is authorized to execute all necessary documentation and certifications that are necessary to approve and accept the Aetna Adapter - 457 11 Deferred Compensation Program. Adopted by the City Council of the City of Richfield, Minnesota this 10th day of August, 1998. Martin J. Kirsch, Mayor ATTEST: Thomas P. Ferber, City Clerk 01 3A 41 CITY OF RICHFIELD, MINNESOTA Council Letter No. 177 Agenda August 10, 1998 Issue Statement: Consideration of change of City of Richfield liaison appointment to the Metropolitan Airport Sound Abatement Council. Background: In January 1998, the City Council made liaison appointments to the Metropolitan Airport Sound Council (MASAC). The Council appointed Council Member Kristal Stokes and Communications Specialist Dawn Weitzel as MASAC representatives, with Council Member Michael Sandahl and City Manager James Prosser as alternates. In addition to the appointed liaisons attending regular MASAC meetings, the newly hired City staff Special Project Aide will also be required to attend these meetings. Recommended Motion: Staff recommends that Mark Hinds, Special Projects Aide, be appointed as an alternate liaison voting member for MASAC, replacing City Manager James Prosser. Basis of Recommendation: 1. Mark Hinds will be attending all MASAC meetings as a requirement for his position of Special Projects Aide for the City of Richfield. Alternative Recommendation: 1. Defer the appointment to a later Council meeting. 2. Do not approve the substitution of Mark Hinds for James Prosser as alternate liaison on MASAC Discussion/Decision Mode: This item is placed on the August 10, 1998 agenda for Council consideration. If approved, the appointments will begin immediately. Ily submitted, en L. kh4* Acting City Manager SLD:cak 0 CITY OF RICHFIELD, MINNESOTA SPECIAL CITY COUNCIL MEETING THURSDAY, JULY 30, 1998 6:30 P.M. DECATHLON HOTEL & ATHLETIC CLUB 1700 EAST 79TH STREET BLOOMINGTON, MN AGENDA • CALL TO ORDER ROLL CALL 1. RICHFIELD MITIGATION PANEL DISCUSSION RELATED TO PROPOSED NORTH- SOUTH RUNWAY AT MSP AIRPORT. PANEL MEMBERS INCLUDE TWO METROPOLITAN COUNCIL MEMBERS, TWO METROPOLITAN AIRPORTS COMMISSION MEMBERS AND TWO RICHFIELD CITY COUNCIL MEMBERS 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. C