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04-27-98 agendaCITY OF RICHFIELD, MINNESOTA MONDAY, APRIL 27, 1998 REGULAR CITY COUNCIL MEETING 7:00 P.M. COUNCIL CHAMBERS AGENDA INTRODUCTORY PROCEEDINGS CALL TO ORDER PLEDGE OF ALLEGIANCE ROLL CALL APPROVAL OF MINUTES OF THE (1) REGULAR CITY COUNCIL MEETING OF APRIL 13,1998; (2) SPECIAL CITY COUNCIL MEETING OF APRIL 14,1998; (3) SPECIAL MEETING OF APRIL 15, 1998 (NO QUORUM); AND (4) SPECIAL CITY COUNCIL MEETING OF APRIL 22, 1998 PRESENTATIONS 1. PRESENTATION OF PROCLAMATION DESIGNATING MAY 7, 1998 TRAUMATIC BRAIN INJURY AWARENESS DAY IN RICHFIELD 2. PRESENTATION OF PROCLAMATION DESIGNATING RICHFIELD'S OBSERVANCE OF CINCO DE MAYO CELEBRATION AS MAY 2 AND MAY 3, 1998 3. PRESENTATION OF PROCLAMATION DESIGNATING CHRISTIAN PARKAS REGISTERED PEACE SITE INDIVIDUALS WHO WISH TO ADDRESS THE COUNCIL ARE REQUESTED TO PRINT THEIR NAME AND ADDRESS ON THE SPEAKER'S REGISTER FOR THE RECORD. 4. OPPORTUNITY FOR CITIZENS TO ADDRESS THE COUNCIL ON ITEMS NOT ON THE AGENDA AGENDA APPROVAL 5. COUNCIL APPROVAL OF AGENDA CONSENT CALENDAR 6. CONSENT CALENDAR CONTAINS SEVERAL SEPARATE ITEMS WHICH ARE ACTED UPON BY THE CITY COUNCIL IN ONE MOTION. ONCE THE CONSENT CALENDAR HAS BEEN APPROVED, THE INDIVIDUAL ITEMS AND RECOMMENDED ACTIONS HAVE ALSO BEEN APPROVED. NO FURTHER COUNCIL ACTION IS NECESSARY. HOWEVER, ANY COUNCIL MEMBER MAY REQUEST THAT AN ITEM BE REMOVED FROM THE CONSENT CALENDAR AND PLACED ON THE REGULAR AGENDA FOR COUNCIL DISCUSSION AND ACTION. ALL ITEMS LISTED ON THE CONSENT CALENDAR ARE RECOMMENDED FOR APPROVAL. A. CONSIDERATION OF APPROVAL OF SETTING MAY 11, 1998 FOR PUBLIC • HEARING AS REQUESTED BY STATE OF MINNESOTA FOR NEW CURRENCY EXCHANGE LICENSE FOR YOUNGE, POTTS, WEIZER & COMPANY INC., 7620 LYNDALE AVENUE C.L. 89 B. CONSIDERATION OF APPROVAL OF SETTING MAY 11, 1998 AS PUBLIC HEARING FOR ISSUANCE OF NEW SECONDHAND GOODS DEALER LICENSE FOR GROW BIZ INTERNATIONAL, INC. D/B/A COMPUTER RENAISSANCE, 720 WEST 78TH STREET C.L. 90 C. CONSIDERATION OF APPROVAL OF LAWFUL GAMBLING LICENSE WITH FEE WAIVER FOR FRED BABCOCK VFW POST #5555, 710 LAKE SHORE DRIVE C.L. 91 D. CONSIDERATION OF APPROVAL OF PURCHASE FROM COMMERCIAL ASPHALT COMPANY, INC. FOR SEASONAL STREET MAINTENANCE SUPPLIES IN ESTIMATED AMOUNT OF $30,000 C.L. 92 E. CONSIDERATION OF APPROVAL OF INCREASE TO CENTRAL GARAGE AND EQUIPMENT FUND 1998 BUDGET BY $20,160 TO PURCHASE ONE 1998 FORD CROWN VICTORIAFULL SIZE POLICE SEDAN AS REPLACEMENT SQUAD CAR FROM SUPERIOR FORD, INC. THROUGH HENNEPIN COUNTY COOPERATIVE PURCHASING PROGRAM C:L. 93 F. CONSIDERATION OF APPROVAL OF PURCHASE FROM J. KRAFT TRUCK MANUFACTURING THROUGH STATE OF MINNESOTA COOPERATIVE PURCHASING PROGRAM FOR ATTACHMENTS TO THREE TRUCK CHASSIS IN AMOUNT OF $115,098.72 C.L. 94 G. CONSIDERATION OF APPROVAL OF APPLICATION FOR NEW RESIDENTIAL KENNEL LICENSE; 7301 WENTWORTH AVENUE, THREE DOGS C.L. 95 PUBLIC HEARINGS 7. PUBLIC HEARING AND SECOND READING OF ORDINANCE AMENDMENT TO SECTION 1181 WHICH REGULATES AND LICENSES TRANSIENT MERCHANTS, PEDDLERS, WAGON PEDDLERS AND SOLICITORS WITHIN CITY OF RICHFIELD COUNCIL LETTER NO. 96 8. PUBLIC HEARING AND SECOND READING OF TRANSITORY ORDINANCE AUTHORIZING SALE OF 6241-14TH AVENUE TO HRA COUNCIL LETTER NO. 97 9. PUBLIC HEARING AND SECOND READING OF AMENDMENT TO RICHFIELD CITY CODE RELATED TO PARKING LOT STANDARDS AND CONSIDERATION OF RESOLUTION AUTHORIZING PUBLICATION OF SUMMARY OF AMENDMENT COUNCIL LETTER NO. 98 10. PUBLIC HEARING REGARDING ACCEPTANCE AND USE OF FUNDING UNDER BUREAU OF JUSTICE ASSISTANCE LOCAL LAW ENFORCEMENT BLOCK GRANT PROGRAM TO ESTABLISH GRANT ADVISORY BOARD 0 COUNCIL LETTER NO. 99 11. PUBLIC HEARING AND CONSIDERATION OF RESOLUTION DENYING APPEAL TO BOARD OF ADJUSTMENT AND APPEALS OF DECISION MADE BY COMMUNITY DEVELOPMENT DIRECTOR THAT RELIGIOUS INSTITUTIONS ARE NOT ALLOWABLE USES IN MEDIUM DENSITY MULTIPLE RESIDENTIAL DISTRICT COUNCIL LETTER NO. 100 PROPOSED ORDINANCES 12. FIRST READING OF AMENDMENT TO APPENDIX B OF RICHFIELD CITY CODE TO ADD SCHOOLS, CHURCHES AND DAYCARE FACILITIES AS CONDITIONAL USES IN MULTIPLE FAMILY RESIDENTIAL ZONING DISTRICTS AND TO ADD DAY CARE FACILITIES AS CONDITIONAL USES IN SINGLE FAMILY RESIDENTIAL ZONING DISTRICTS COUNCIL LETTER NO. 101 13. FIRST READING OF TRANSITORY ORDINANCE AUTHORIZING EXPENDITURES FOR BALL FIELD REDEVELOPMENT PER STATE GRANT COUNCIL LETTER NO. 102 ADMINISTRATIVE REPORTS AND OTHER BUSINESS 14. CONSIDERATION OF AUTHORIZATION TO HIRE BRW, INC. TO PREPARE PLAN FOR REDESIGNING NICOLLET AVENUE BETWEEN 66TH STREET AND 1-494 INCLUDING INSTALLING TRAFFIC SIGNAL AT 67TH STREET AT COST NOT TO EXCEED $34,940 COUNCIL LETTER NO. 103 15. CONSIDERATION OF INCREASING LICENSED POLICE OFFICER STAFFING FROM 43 TO 44 AND NECESSARY 1998 FUNDS FOR SECOND JUVENILE INVESTIGATOR/SCHOOL LIAISON OFFICER POSITION COUNCIL LETTER NO. 104 AIRPORT BUSINESS 16. AIRPORT STATUS REPORT CORRESPONDENCE 17. LEGISLATIVE REPORT COUNCIL CHOICE 18. COUNCIL DISCUSSION. ITEMS 19. CLAIMS AND PAYROLLS 20. ADJOURNMENT • Auxiliary aids for individuals with disabilities are available upon request. Requests must be made at least 96 hours in advance to the Administrative Services Director at 861-9702. . CITY OF RICHFIELD, MINNESOTA Council Letter No. 104 Agenda April 27, 1998 Issue Statement: Based on discussions with school staff and Department members about juvenile crimes and activities, Public Safety has identified the need for a second Juvenile Investigator/School Liaison Officer position. Background: In 1992, Public Safety identified the need for an officer to specialize in juvenile investigations and establish a close working relationship with the school district to need the needs and demands of an increasingly troubled society. The position of Juvenile Investigator/School Liaison Officer was created and, to this day, the school district and the City of Richfield enjoy a solid and effective working relationship that has been successful in many ways. The Juvenile Investigator/School Liaison Officer was involved in several proactive programs. He instructed about 1,000 students yearly, teaching them such things as alternatives to gangs, drugs and shoplifting. He found it necessary to turn down requests to teach in other areas due to lack of available time. The previous Juvenile Investigator/School Liaison Officer established a strong line of communication and cooperation with the schools, Public Safety, the community and other social agencies. Yet, the demands of troubled youth and their contact with the criminal justice system has increased dramatically over the years, which has hampered the effectiveness of this position. The number of juvenile arrests has increased steadily sin 1992, with the exception of a slight drop in 1997. Currently, 1998 does not indicate an y s reduction of juvenile contacts. Available statistics for juveniles involved in crimes are a follows: ARRESTS VS. CASES W/JUVENILE SUSPECTS 1992 - 266 1993 - 276 (Stats not available prior to 1995) 1994 - 369 1995 -404 1996 -514 1997 -490 ce 639 748 665 Working with juveniles has become a specialty. The juvenile system operates under different rules and regulations than does the adult system. An effective juvenile investigator knows the system and the juvenile community. He/she knows who is committing crimes and with whom they associate. It becomes a matter of logic that the Juvenile Investigator works most juvenile cases. The workload for this officer is heavy and, consequently, many cases do not get the attention needed to work out the best possible solutions. The officer is frequently called from school property to investigate other cases involving juveniles. Patrol officers are then called to assist the school when problems arise. If two investigators were assigned, contact with juveniles and the school system would be more consistent. Consistency is a key word when working with juveniles. 15'-? The sc ool district has been concerned with the increase in demand for officer involvement within the schools and has increased their financial commitment from approximately $40,000 to $59,000 to help maintain the best learning environment possible. This school financial contribution is made available through a levy increase. The need for an additional Juvenile Investigator/School Liaison officer is evident to the school district and Public Safety; however, Public Safety does not have the personnel resources to fill the position. Each division within Public Safety has been adversely affected by increasing societal demands on the criminal justice system and cannot afford to lose any personnel. Salary and benefits for a new officer in 1998 total $42,537 a year. Thus, some additional funds will be needed from the 1998 budget to fund the additional City costs of this additional position. Based on the 1998 top police officer salary rate and benefits, the total cost for two Juvenile Investigator/School Liaison officers will be $111,689 a year. The school district will contribute approximately $59,000, which will leave $52,690 for the City to pay. It is important to note that the officers will only be involved with the schools for nine months of a calendar year. Nine months of expenses would be $83,767 a year. Recommended Motion: Authorization for Public Safety to increase licensed police officer staffing from 43 to 44, along with the necessary funds for 1998. Basis of Recommendation: 1. Juveniles, youth gangs, drugs and direct contact with school officials are a community priority. Public safety clearly is the focal point of these issues and yet the Public Safety Department, Police Division, is short on personnel to properly address them. The Public Safety Department considers the recommendation a good collaboration between the City and school district to combat against community-wide juvenile crimes and activities. Alternative Recommendation: 1. Do nothing and continue to attempt to meet the needs of Richfield youth with the present staff. 2. Remove an officer from another division within Public Safety to address the needs of Richfield youth, realizing that move will have an adverse effect on that Division. Discussion/Decision Mode: Authorize staff to include this position and funds in the 1998 Public Safety budget. The Juvenile Investigator/School Liaison Officer would be in position to begin duties by September 1, 1998; however, hiring would be completed by June 1, 1998, to allow for training of the new officer to replace the officer selected to fill the juvenile position. Respec Ily submitted, Jame . Prosser city M ager JDP:ds i4 CITY OF RICHFIELD, MINNESOTA Council Letter No. 103 Agenda April 27, 1998 Issue Statement: Consideration of authorization to hire BRW, Inc. to prepare a plan for redesigning Nicollet Avenue between 66th Street and 1-494 including installing a traffic signal at 67th Street. Background: On January 5, 1998 Council discussed a proposal to move the existing pedestrian signal in the middle of the 6700 block of Nicollet Avenue to the intersection of 67th Street and Nicollet Avenue. A draft signal justification report showed that a traffic signal can be warranted at 67th Street and Nicollet Avenue. Recognizing that citizens have complained about speeding on Nicollet Avenue and the safety of left turns from Nicollet Avenue at 77th Street, staff suggested that the City engage in a neighborhood planning process to determine if Nicollet Avenue could be converted to a three lane roadway between 66th Street and 77th Street or if it should remain as a four lane street. Also needing to be addressed is the Council raised issue of possible removal of on-street parking on Sundays affecting several churches located on Nicollet Avenue. Whether Nicollet becomes a three lane roadway or remains a four lane street, the City will address certain issues with St. Peter's Church and Holy Trinity School and with the Academy of the Holy Angels (AHA). The City will ask for a shared access and shared parking agreement between St. Peter's Church and AHA. Also, changes in access to the St. Peter's parking lot will be requested to eliminate direct access to residential streets. AHA will be asked to correct problems with the storm pond that was created at the time the athletic dome was built. BRW, Inc. had prepared the signal justification report for 67th Street and Nicollet Avenue to determine if a signal was warranted at 67th Street and Nicollet Avenue and is an expert in three lane roadways as a means to improve safety. BRW, Inc. has submitted a planning, design and construction engineering proposal to perform all of the work, including involving the neighborhood in a planning process, at a cost $34,940. Hennepin County will be asked to contribute 25% of the cost of a new traffic signal at 67th Street. Remaining costs will be financed by the City using Municipal State Aid (MSA) street funds (gas tax revenues.) Recommended Motion: Authorize City staff to hire BRW, Inc. at a cost not to exceed $34,940 to perform a neighborhood planning process and all design and construction engineering work related to installing a new traffic signal at 67th Street and Nicollet Avenue. Iy-I Basis of Recommendation: 1. BRW, Inc. is familiar with the project and has experience with three lane road designs. 2. The City has an existing engineering services agreement with BRW, Inc. 3. BRW, Inc. has performed well in the past for the City on a variety of transportation engineering functions. 4. The attached proposal for services is considered reasonable by City staff. Alternative Recommendation: 1. Reject considering converting Nicollet Avenue to a three lane section and reducing the amount of consultant work needed to only that which is needed to install a signal at 67th Street and Nicollet Avenue. 2. Recommend another engineering consultant firm, such as Short Elliot Hendrickson, Inc., be hired to perform the work. Discussion/Decision Mode: Council can choose to delay action on this matter for a month. However, plans need to be developed in a timely manner to allow construction to occur in 1999. Respectfully submitted, Jam D. Prosser City anager JDP:cak 1q_0 ATTACHMENT A - SCOPE OF SERVICES PAGE 1 OF 4 NICOLLET AVENUE ROADWAY AND SIGNAL IMPROVEMENTS TASK 1.0 DATA COLLECTION Description: Collect all data necessary to evaluate the proposed roadway and signal improvements on NicoiletAvenue between East 66th Street and East 77th Street. 1.1 Obtain as-built plans for the existing roadway and traffic signals. 1.2 Inventory existing driveways, sidewalks, signing and lighting. 1.3 Observe existing peak period traffic operations at key locations. 1.4 Obtain 3 years of traffic accident records for analysis. 1.5 Collect the following traffic volume data for analysis: • AM and PM peak hour turning movements at East 66th Street • AM and PM peak hour turning movements at East 67th Street • AM and PM peak hour turning movements at East 70th Street • AM and PM peak hour turning movements at East 76th Street • AM and PM peak hour turning movements at East 77th Street • Hourly traffic volumes on all approaches to the intersection of Nicollet Avenue and East 67th Street TASK 2.0 SURVEY AND MAPPING Description: Develop a sufficient topographic base map for the design of roadway and signal improvements at the intersection of Nicollet Avenue and East 67th Street. 2.1 Field-locate existing topographic features at the intersection. 2.2 Prepare AutoCADD topographic base map of the existing intersection. . TASK 3.0 TRAFFIC ENGINEERING ANALYSIS Description: Perform various traffic engineering analysis tasks, including preparation of a Signal Justification Report and a Feasibility Study for the conversion of Nicollet Avenue to a three-lane roadway. BRW, Inc. 04/02/98 ATTACHMENT A - SCOPE OF SERVICES PAGE 2 OF 4 NICOLLET AVENUE ROADWAY AND SIGNAL IMPROVEMENTS 3.1 Prepare a "draft" Signal Justification Report (SJR) for the removal of the existing mid-block pedestrian signal adjacent to St. Peter's Church and the installation of a new traffic signal at the intersection of Nicollet Avenue and East 67th Street. 3.2 Submit the "draft" SJR to the City of Richfield and Hennepin County for review. 3.3 Revise the "draft" SJR in accordance with agency comments and submit the final SJR for approval. 3.4 Conduct a Feasibility Study to identify the potential impacts of converting Nicollet Avenue to a three-lane roadway between East 67th Street and East 77th Street. The analysis will address the capacity, safety, mobility and access issues associated with the proposed conversion. TASK 4.0 PUBLIC INVOLVEMENT Description: Conduct the public involvement process for the project. 4.1 Plan and participate in one open houserto present the results of e Feasibility Study to the public. 4.2 Compile and summarize comments and suggestions submitted by the public and other interested parties. 4.3 When appropriate, incorporate information from the public involvement process into the roadway and signal design tasks. TASK 5.0 ROADWAY DESIGN Description: Prepare preliminary and draft final plans for roadway improvements, including modification of the Nicollet Avenue / East 67th Street intersection and conversion of Nicollet Avenue to a three-lane roadway. 5.1 Develop a preliminary roadway design for modifications at the intersection of Nicollet Avenue and East 67th Street, including consolidation of the two existing driveways from Academy of the Holy Angels and St. Peter's Church. 5.2 Develop a preliminary pavement marking and signing plan for conversion of Nicollet Avenue to a three-lane roadway between East 67th Street and East 77th Street, with transitions to the three-lane section located north of East 67th Street and south of East 77th Street. BRW, Inc. " 04/02/98 lq-4 to ATTACHMENT A - SCOPE OF SERVICES PAGE 3 OF 4 NICOLLET AVENUE ROADWAY AND SIGNAL IMPROVEMENTS 5.3 Submit the preliminary roadway design and the preliminary pavement marking and signing plan to the City of Richfield and Hennepin County for review. 5.4 Revise the preliminary roadway design and the preliminary pavement marking and signing plan in accordance with agency comments. 5.5 Submit the draft final roadway design and the draft final pavement marking and signing plan to the City of Richfield and Hennepin County for review. TASK 6.0 TRAFFIC SIGNAL DESIGN Description: Prepare preliminary and draft final plans for traffic signal improvements, including removal of the existing pedestrian crossing signal, installation of a new traffic signal at 67th Street, and modification of existing signals at East 70th Street, East 76th Street, and East 77th Street. 6.1 Develop preliminary plans for a traffic signal system at the intersection of 0 Nicollet Avenue and East 67th Street. 6.2 Develop preliminary plans for modifications to existing traffic signal systems at East 70th Street, East 76th Street, and East 77th Street. 6.3 Submit the preliminary traffic signal system plans to the City of Richfield and Hennepin County for review. 6.4 Revise the preliminary traffic signal system plans in accordance with agency comments. 6.5 Submit the draft final traffic signal system plans to the City of Richfield and Hennepin County for review. TASK 7.0 FINAL CONSTRUCTION DOCUMENTS Description: Prepare the final set of plans, specifications and estimates for the roadway and traffic signal improvements on Nicollet Avenue. 7.1 Prepare final plans, specifications and estimates based upon agency comments on the draft final plans. 7.2 Submit final plans, specifications and estimates to the City of Richfield and Hennepin County. BRW, Inc. 04/02/98 14-5- ATTACHMENT A - SCOPE OF SERVICES PAGE 4 OF 4 NICOLLET AVENUE ROADWAY AND SIGNAL IMPROVEMENTS TASK 8.0 COORDINATION Description: Meet with City of Richfield and Hennepin County staff on selected occasions to present results and receive feedback. 8.1 Meet with City of Richfield and Hennepin County staff to review the results of the traffic engineering analysis, including the SJR and the feasibility study. 8.2 Meet with City of Richfield and Hennepin County staff to review the preliminary designs for the roadway modifications. 8.3 Meet with Richfield and Hennepin County staff to review the preliminary designs for the traffic signal system improvements. TASK 7.0 PROJECT MANAGEMENT Description: Provide project management services, including performance Is monitoring, monthly invoices, and quality control. • BRW, Inc. 04/02/98 A w r E.., M A A W o ? x a w A r A a w A a o N o N 00 N l o .o Q I i j I I ? N ! i N i . ' i I U ? I i ? I I W U i i Q N ? II 00 I 00 O N z x I I H I U W `t+ 00 N \.O o aD o? ? l z w U W N dt 00 00 00 N 00 W C7 O¢ I 'W I I j I I bA Q o o ?i x o W ? o U ? V Ur ? U C U C ' x Q cn RS E?-? f ? ? ' (? E? I w Q ! U W, o 0 0 0 0 0 0 Cl N (? d+ LC) 06 1L? ?o N 00 00 N O H ? ly? ?W O N W 0 ri u E t A! E u E u C a F oe u E E < L a W C E.A A 1?1 a FI W can A O U j N ? d A y w z X W O a '11? W N O O i i r-+ N Ln O ? x i w L, O Lf) m Ite, iv?, V?-l iA- i x ° xi i O 0.0 U' 0-I W W v (U oj 0 a O w ? W W X W Ey 1^^?1 I? H E• r.? H z x a E• 0 F f- c, v F 00 N O t1') O ? O O ? ? e' fA- i 110 O 0 i--1 0 I o o V U ^'s O L I O x ?iQ i I I, v v Q 00 0 a H O P? W v, W X W Eo W A a H O f3 • CITY OF RICHFIELD, MINNESOTA Council Letter No. 102 Agenda April 27, 1998 Issue Statement: First reading of transitory ordinance authorizing expenditures for ball field redevelopment per the State grant. Background: The City has received a grant from the State for $2 million to develop and improve ball fields at various parks to replace ball fields currently in use on Metropolitan Airports Commission (MAC) property. The ball field improvement plan was developed by the Ball Field Task Force and recommended for implementation by the Community Services Commission. As the grant is only half of the estimated cost of the total plan, implementation of the plan will be based on meeting the needs of as many user groups as possible. A meeting of the ball field task force has been scheduled for Tuesday, April 28, 1998 to discuss the appropriate schedule for improvements. Recommended Motion: Approve first reading of transitory ordinance related to expenditures for ball field improvements. Basis of Recommendation: 1. The MAC has informed the City of their need for the land currently used for ball fields. 2. The State has granted $2 million to implement the ball field replacement plan as recommended by the Ball Field Task Force and Community Services Commission. Alternative Recommendation: 1. Approve first reading with modifications 2. Deny first reading. Discussion/Decision Mode: The first reading is scheduled for April 27, 1998. If approved the public hearing and second reading will be scheduled for May 26, 1998. Respectfully submitted, Jjya Prosser Cger JDP:cak . TRANSITORY ORDINANCE NO, AN ORDINANCE APPROVING A CAPITAL IMPROVEMENT PROJECT PURSUANT TO RICHFIELD CITY CHARTER SECTION 8.04 THE CITY OF RICHFIELD DOES ORDAIN: Section 1. Background: findings. 1.01. The City Council has approved Bill No. 1998-5, which upon its effective date, will amend the Richfield City Charter by adding a new Section 8.04. The proposed Section 8.04 would require that any capital improvement on City- owned property that has an estimated cost exceeding $500,000 or expenditures for design or engineering costs exceeding $75,000 must be approved by ordinance after a public hearing. 1.02. It is proposed that the City Council approve a capital improvement project on City-owned property located at various parks as proposed in the ball field improvements plan. • 1.03. The capital improvement project consists of ball field improvements and additions as indicated in the ball field improvements plan (the "Ball Field Project"). 1.04. The estimated construction cost of the capital improvement, excluding design and engineering costs is $1,800,000. The estimated design and engineering costs are $200,000. 1.05. A public hearing was held on May 11, 1998. Notice of the public hearing was published on and in the City's official newspaper. 1.06. The Council finds and determines that it is in the best interest of the City and its inhabitants that the Ball Field Project be approved. 1.07. The City has received a grant from the State for $2,000,000 to develop and improve ball fields at various parks to replace ball fields currently in use on Metropolitan Airports Commission (MAC) property. The ball field improvement plan was developed by the Ball Field Task Force and recommended for implementation by the Community Services Commission. As the grant is only half of the estimated cost of the total plan, implementation of the plan will be based on meeting the needs of as many user groups as possible. 0 13-a Section 2. Approval; effective date. 0 2.01. The Ball Field Project is approved, and planning design and construction of the Ball Field Project may proceed according to the procedures required by law. 2.02. The purpose of this ordinance is to comply with the requirements of Section 8.04 of the Richfield City Charter. This ordinance shall not be construed to require that the City proceed with the Ball Field Project; nor does it vest any rights in the Project to any individual or entity. The City Council reserves the right to abandon the Ball Field Project or to modify elements of the Ball Field Project, if the Council deems abandonment or modification to be in the public interest. 2.03. This ordinance is effective in accordance with Section 3.09 of the Richfield City Charter. Adopted this day of , 199. Martin J. Kirsch, Mayor ATTEST: Thomas P. Ferber, City Clerk 0 / CITY OF RICHFIELD, MINNESOTA Council Letter No. ioi Agenda April 27, 1998 Issue Statement: First reading of an amendment to Appendix B of the Richfield City Code to add schools, churches and day care facilities as conditional uses in multiple family residential zoning districts and to add day care facilities as conditional uses in single family residential zoning districts. Background: On March 9, 1998, the City Council asked that the Planning Commission review the Zoning Ordinance to determine whether or not a church was an appropriate permitted or conditional use in the MR-2 (medium density multiple residence) zoning district. The Zoning Ordinance does not list churches as either permitted or conditional uses in any of the multiple family zoning districts. Prior to the revision of the Zoning Ordinance in 1995, land uses in the City's zoning districts were cumulative. For example, multiple family districts listed specific permitted and conditional uses, along with the language, "and those uses permitted in the R district". The Zoning Ordinance revision removed this language, and the ordinance now specifically lists the permitted and conditional • uses in each district. The Planning Commission determined that it would be appropriate to allow churches and other institutional uses, such as schools and day care facilities, in both single and multiple family districts as conditional uses. Because of the potential for institutional uses to have a negative impact on residential neighborhoods, the Commission recommends that the Zoning Ordinance should be amended and that certain conditions should be placed on these uses. The Commission determined that, although the church use proposed for 609 West 74th Street may not have an impact on the adjacent neighborhood, future churches could have a negative impact and the City should retain the ability to review individual requests. Schools and churches are currently allowed as conditional uses in the R (single family residential) district. The Planning Commission recommends that day care facilities be added as a conditional use in the R district because they are similar to schools and provide a service to neighborhoods. They are currently allowable as accessory uses but not as stand-alone facilities in the R district. Schools, churches and day care facilities would be added as conditional uses in the MR-1 (two family residence), MR-2 (medium density multiple), and MR-3 (high density multiple) zoning districts. None of these uses would be allowed in the R-1 (low density single family residential) district. One condition recommended by the Planning Commission is that these institutional uses be located on a collector or arterial street or provide an access such that significant traffic is not generated on local residential streets. Additional conditions would provide standards for the location of play areas, picking up and dropping off children, and landscape buffering. Institutional uses in the R and MR-1 districts would have to meet specific setback and lot size requirements for institutional uses. Institutional uses in the MR-2 and MR-3 zoning districts would have to meet the same setback and lot size requirements as any other use in these districts. An attachment lists the standards currently applied to churches and schools as well as proposed standards for multiple family districts. Recommended Motion: Approve first reading of an amendment to Appendix B of the Richfield City Code to add schools, churches and day care facilities as conditional uses in multiple family residential zoning districts and to add day care facilities as conditional uses in single family residential zoning districts. Basis of Recommendation: 1. The City Council requested that the Planning Commission consider the addition of religious institutions to the MR-2 district. 2. Other communities permit churches and other institutional uses as permitted or conditional uses in all multiple family districts. 3. The Planning Commission determined that it was appropriate to allow all institutional uses in multiple family districts. 4. The Planning Commission recommends that institutional uses be conditional uses in single and multiple family residential districts because of the potential impact on adjacent residential uses. 5. On April 14, 1998, the Planning Commission voted unanimously to approve the amendment. Alternative Recommendation: 1. Approve first reading of the amendment with modifications. 2. Deny this amendment at first reading. Discussion/Decision Mode: The first reading is set for April 27, 1998. If approved, a public hearing and second reading will be scheduled on May 26, 1998. Respectful submitted, James D. Prosser City Manager JDP:cak 0 BILL NO. AMENDMENT TO APPENDIX B OF THE ORDINANCE CODE OF THE CITY OF RICHFIELD THE CITY OF RICHFIELD DOES ORDAIN: Section 1. Subsection 521.07 of Appendix B to the Richfield City Code is amended as follows: 521.07. Conditional uses. Subdivision 1. The uses listed in this subsection are conditional uses in the R District, and are subject to the conditional use permit provisions outlined in Section 546.05 of this code. Subd. 2. Aeeesser-y Day care facilities serving more than 12 persons licensed by the appropriate governmental authorities, or accessory group family day care facilities licensed under Minnesota Rules, parts 9502.0315 to 9502.0445 serving more than 14 persons, or as otherwise permitted by law, provided such fucili+aes are leeate in non residential buildings ., the following conditions are met: a) if the day care is not an accessory use (e.g. located in an existing school or church), the use site shall abut a collector or arterial street or be located such that significant traffic will not be generated on local residential streets, bLparking lot setback and screening shall comply with the Richfield Landscape Requirements, on file with the Office of Community Development; bc)designated pick-up and drop-off areas shall be located on the site; and sd)outdoor play areas shall be set back at least 15 feet from any lot line which abuts a residential parcel. Section 2. Subsection 521.43 of Appendix B to the Richfield City Code is amended by adding the following new subdivisions: Subd. 6. Public or private elementary and high schools, and other similar learning institutions, provided the following conditions are met: a) the use site shall abut a collector or arterial street or be located such that significant traffic will not be generated on local residential streets; b) pick-up and drop-off areas shall be designed to enhance vehicular and pedestrian safety; c) outdoor recreational facilities designed for group activities shall be set back at least 40 feet from any lot line; d) buffering shall be provided to mitigate noise and adverse visual impacts on adjacent properties; and e) lighted playing fields shall be permitted only upon demonstration that off-site impacts can be substantially mitigated. Subd. 7. Religious institutions and related convents or parsonages, provided the following conditions are met: a) the use site shall abut a collector or arterial street or be located such that significant traffic will not be generated on local residential streets; b) outdoor facilities designed for group activities shall be set back at least 40 feet from any lot line; and c) buffering shall be provided to mitigate noise and adverse visual impacts on adjacent properties. Subd. 8. Licensed day care facilities, provided the following conditions are met: a) the use site shall abut a collector or arterial street or be located such that significant traffic will not be generated on local residential streets; b) designated pick-up and drop-off areas shall be located on the site; and c) outdoor play areas shall be set back at least 15 feet from any lot line which abuts a residential parcel. Section 3. Subsection 521.43, subdivisions 6, 7 and 8 of Appendix B to the Richfield City Code are renumbered as follows: Subd.-69. Accessory roof-mounted antennas which extend higher than ten feet above the highest point of the roof. Subd. -710. Major public utilities. Subd. 811. Other uses similar to those conditionally permitted by this section, as determined by the City puruant to Section 511.05 of this code. Section 4. Subsection 521.45, subdivision 2 of Appendix B to the Richfield City Code is amended to read as follows: /Q_y 0 Subd. 2. Minimum lot area, width, and depth: USE w LOTAREA LOT WIDTH LOT DEPTH SINGLE FAMILY 6,700 Sq. Ft. 50 Ft. 100 Ft. TWO FAMILY 10,000 Sq. Ft. 75 Ft. 100 Ft. CLUSTER ROME `S DEVELOPMENTS (CUP) 4,000 Sq. Ft. Per Unit 60 Ft. 100 Ft. NON-RESIDENTIAL 40,000 Sq. Ft. 150 Ft. 100 Ft. (Amended, Bill no. 1996-22) Section 5. Subsection 521.47, subdivision 2 of Appendix B to the Richfield City Code is amended to read as follows: Subd. 2. Required building setback and maximum height: r""1 USE FRONT REAR SI 1N*ER1i9R- SIDE -STREETSIDE- MAXIMUM HEIGHT SINGLE FAMILY 30 Ft. 25 Ft. 10 Ft. 15 Ft. 25 Ft. TWO FAMILY 30 Ft. 25 Ft. 10 Ft. 15 Ft. 25 Ft. CLUSTER HOME (CUP) 30 Ft. 25 Ft. 10 Ft. 15 Ft. 25 ft. ACCESSORY 30 Ft. 3 Ft. 10 Ft. 15 Ft. 14 Ft. NON- RESIDENTIAL 40 Ft. 30 Ft. 30 Ft. 30 Ft. 42 Ft. CC SSO Y 40 Ft. 10 Ft. 10 Ft. 30 Ft. 15 Ft. (Amended, Bill No. 1996-22) Section 6. Subsection 521.65 of Appendix B to the Richfield City Code is amended by adding the following new subdivisions: Subd. 7. Public or private elementary and high schools, and other similar learning institutions, provided the following conditions are met: a) the use site shall abut a collector or arterial street or be located such that significant traffic will not be generated on local residential streets; b) pick-up and drop-off areas shall be designed to enhance vehicular and pedestrian safety; c) outdoor recreational facilities designed for group activities shall be set back at least 40 feet from any lot line; IA-5 d) buffering shall be provided to mitigate noise and adverse visual impacts on adjacent properties; and e) lighted playing fields shall be permitted only upon demonstration that oil site impacts can be substantially mitigated. Subd. 8. Religious institutions and related convents or parsonages, provided the following conditions are met: a) the use site shall abut a collector or arterial street or be located such that significant traffic will not be generated on local residential streets; b) outdoor facilities designed for group activities shall be set back at least 40 feet from any lot line; and c) buffering shall be provided to mitigate noise and adverse visual impacts on adjacent properties. Subd. 9. Licensed day care facilities, provided the following conditions are met: a) the use site shall abut a collector or arterial street or be located. such that significant traffic will not be generated on local residential streets; b) designated pick-up and drop-off areas.shall be located on the site; and c) outdoor play areas shall be set. back at least 15 feet from any lot line which abuts a residential parcel. Section 7. Subsection 521.65, subdivisions 7, 8 and 9 of Appendix B to the Richfield City Code are renumbered as follows: Subd.-710. Accessory roof-mounted antennas which extend higher than ten feet above the highest point of the roof. Subd. 811. Major public utilities. Subd. 312. Other uses similar to those conditionally permitted by this section, as determined by the City puruant to Section 511.05 of this code. Section 8. Section 521 of Appendix B to the Richfield City Code is amended by adding the following new subsection: 521.72. Minimum lot size, setback and height requirements for non-residential uses. Subdivision 1. Standards. The standards set out in this subsection apply to non-residential uses in the MR-2 District. /a - (,0 0 Subd. 2. Minimum lot size: 15,000 square feet. Subd. 3. Minimum lot width: 75 feet. Subd. 4. Maximum building height: 35 feet. Subd. 5. Maximum lot coverage (principal structure): 30 percent. Subd. 6. Minimum setback requirements: a) Front: 30 feet. b) Side: (i) interior: 20 feet (ii) streetside: 30 feet c) Rear: 25 feet. Section 9. Subsection 521.85 of Appendix B to the Richfield City Code is amended by adding subdivisions 6, 7 and 8: Subd. 6. Public or private elementary and high schools, and other similar learning institutions, provided the following conditions are met: a) the use site shall abut a collector or arterial street or be located such that significant traffic will not be generated on local residential streets; b) pick-up and drop-off areas shall be designed to enhance vehicular and pedestrian safety; c) outdoor recreational facilities designed for group activities shall be set back at least 40 feet from any lot line; d) buffering shall be provided to mitigate noise and adverse visual impacts on adjacent properties; and e) lighted playing fields shall be permitted only upon demonstration that off-site impacts can be substantially mitigated. Subd. 7. Religious institutions and related convents or parsonages, provided the following conditions are met: LI a) the use site shall abut a collector or arterial street or be located such that significant traffic will not be generated on local residential streets; b) outdoor facilities designed for group activities shall be set back at least 40 feet from any lot line; and c) buffering shall be provided to mitigate noise and adverse visual impacts on adjacent properties. Subd. 8. Licensed day care facilities, provided the following conditions are met: a) the use site shall abut a collector or arterial street or be located such that significant traffic will not be generated on local residential streets; b) designated pick-up and drop-off areas shall be located on the site; and c) outdoor play areas shall be set back at least 15 feet from any lot line which abuts a residential parcel. Section 10. Subsection 521.85, subdivisions 6, 7, 8, 9 and 10 of Appendix B to the Richfield City Code are renumbered as follows: Subd. 69. Accessory roof-mounted antennas which extend higher than fifteen feet from the antenna's or related structure's point of contact with the building to the highest point of the antenna, provided that they conform to Section 425 of the City Code. (Amended, Bill No. 1996-21) Subd. 710. CWTS antennas and related features which extend higher than 15 feet from the antenna's or related structure's point of contact with the building to the highest point of the antenna, provided that they conform to the requirements of Section 426 of the City Code. (Added, Bill No. 1996-21) Subd. 811. CWTS towers and related features, provided that they conform to Section 426 of the City Code. (Added, Bill No. 1996-21) Subd. 312. Major public utilities. Subd. -1013. Other uses similar to those conditionally permitted by this section, as determined by the City pursuant to Section 511.05 of this code. Section 11. Section 521 of Appendix B to the Richfield City Code is amended by adding the following new subsection: 0 521.90. Minimum lot area, height and setback requirements for non-residential uses. Subdivision 1. Standards. The standards set out in this subsection apply to non-residential uses in the MR-3 District. Subd. 2. Minimum lot size: 60,000 square feet. Subd. 3. Minimum lot width: 150 feet. Subd. 4. Maximum building height: 50 feet. Subd. 5. Maximum lot coverage (principal structure): 30 percent. Subd. 6. Minimum setback requirements: a) Front: 40 feet. b) Side: (i) interior - 30 feet. (ii) streetside - 40 feet. c) Rear: 35 feet. Passed by the City Council of the City of Richfield, Minnesota this day of 1998. Martin J. Kirsch, Mayor ATTEST: Thomas P. Ferber, City Clerk ?J • • C O 1?1 0 .G a X cl ?+ bD O N b a? 0 a "C C bA C W Q M = a° O v Q N = ? O 0 V ?o r O L O a U ? a? a ca O a? O ?sOi^ 0 ; ; ? - W y ? O ? O , 1-t U i U O O O _ O: o 3 o ° M M bA•14 OE O U O -O v ?i 4 d am: ??°3 0 N N °:o4:° ° ? Oe = OE o's z aIr-'OOOrN ?N OO O O: I ?r O E pE s to€O kn::O r- 5 ,4 €O :N v, €O @Nmot h y; in C E 2 O ? c): ?--? O E d a?€ ct? '?' ?cOiOiOiO iO 0: C'4 3 ,n;v1i0EI,:M iM EA L O3 = o: o: V; O: f V 01 •? L Cj Q VJ'= ??r± CC •i¦ 6? Qs .Q •3 "?? yam •° y „ w o a? °" 9: 1 I W :04 04 pro , is-9 CITY OF RICHFIELD, MINNESOTA Council Letter No. loo Agenda April 27, 1998 Issue Statement: Public hearing and consideration of an appeal to the Board of Adjustment and Appeals of a decision made by the Community Development Director that religious institutions are not allowable uses in the MR-2 (medium density multiple residential) district. Background: Minneapolis Meeting Rooms, Inc., or the Plymouth Brethren IV, has purchased the property at 609 West 74th Street and are seeking permission to construct a small church building on the property. The Brethren require such a building to conduct their religious practices. This property is zoned MR-2 (medium density multiple housing). The Zoning Ordinance does not list religious institutions as either permitted or conditional uses in the MR-2 district. The Board of Adjustment and Appeals has the power to hear and decide appeals where it is alleged that there is an error in any determination made by the Community Development Director in the interpretation of the Zoning Code. To determine that the Community Development Director's decision is incorrect, the City Council would have to find that religious institutions are similar to other permitted or conditional uses in the MR-2 district. The Council would then have to determine what standards would be applied to religious institutions in the MR-2 district. An attachment lists the permitted and conditional uses in the MR-2 district. On March 9, 1998, the City Council tabled discussion of this item and asked the Planning Commission to consider an amendment to the Zoning Ordinance that would allow churches as either permitted or conditional uses in the MR-2 district. The Planning Commission discussed the issue at their regular meeting on March 27, 1998 and approved an ordinance amendment at their meeting on April 14, 1998. The proposed amendment is on the City Council agenda for April 27, 1998. Recommended Motion: Deny the request for an appeal of the Community Development Director's decision that religious institutions are not allowable in the MR-2 district and adopt a resolution approving findings of fact related to the denial. Basis of Recommendation: 1. The MR-2 district does not list religious institutions as either permitted or conditional uses. There are no uses similar to the proposed religious institution permitted or conditional in the MR-2 district. is 2. The Planning Commission reviewed the issue and approved an amendment to the Zoning Ordinance that would allow institutional uses as conditional uses in multiple i family districts. The Commission determined that an amendment would be appropriate in order to establish specific standards for all institutional uses in multiple family residential districts Alternative Recommendation: Approve the request for an appeal and reverse the decision of the Community Development Director with a finding that religious institutions are similar to other conditional uses in the MR-2 district. Make a determination as to what standards should be applied to these uses in the MR-2 district. Discussion/Decision Mode: The Zoning Ordinance amendment proposed by the Planning Commission will require the Brethren to obtain a Conditional Use Permit. If the City Council approves first and second reading of the amendment, it would become effective on July 3, 1998. The Brethren could begin the Conditional Use Permit process before the ordinance becomes effective. A public hearing was held and closed by the City Council on March 9, 1998. Discussion of this item was tabled from March 9, 1998. Respectfully submitted, • Jam . Prosser City anager JDP:ds /f-a i RESOLUTION NO. RESOLUTION DENYING AN APPEAL TO THE BOARD OF ADJUSTMENT AND APPEALS OF A DECISION MADE BY THE COMMUNITY DEVELOPMENT DIRECTOR Be it resolved by the Board of Adjustment and Appeals of the City of Richfield, Minnesota as follows: 1. The Board of Adjustment and Appeals hereby makes the following findings of fact: FINDINGS OF FACT 1. The City of Richfield (the "City") regulates, by ordinance, the location of land uses. 2. The primary source of such regulations is contained in Appendix B of the Richfield City Code which establishes zoning regulations for uses such as religious institutions. 3. On or about September 9, 1998 the City received a verbal request from Minneapolis Meeting Rooms, Inc. to consider a proposal to construct a building for religious activities at 609 West 74th Street. . 4. The property at 609 West 74th Street is zoned MR-2 (medium density multiple residence). The primary source of regulations for the MR-2 district is in subsection 521 of the Zoning Ordinance. Religious institutions are not listed as permitted or conditional uses in the MR-2 district. There are no uses similar to the proposed religious institution that are permitted or conditional in the MR-2 district. 5. On or about September 19, 1997 the City Zoning Administrator, a representative of the Community Development Director, informed Minneapolis Meeting Rooms, Inc., in writing, that a religious institution is not an allowable use in the MR-2 district. The Zoning Administrator informed Mike Oberg of the options available to the organization, one of which would be to appeal the decision of staff to the City Council, acting as the Board of Adjustment and Appeals, regarding the determination that religious institutions are not allowable uses in the MR-2 district. 6. On January 29, 1998 the City received a written request (the "Appeal") that the City Council consider allowing a religious institution in the MR-2 (medium density multiple residence) zoning district from Mike Oberg, Alex Blair, Tom Chellberg and Fred McNiece, representatives for Minneapolis Meeting Rooms, Inc. (the "Applicant"). 7. Subsection 546.03 of the Zoning Ordinance provides that the City Council, acting as the Board of Adjustment and Appeals, shall hear and decide appeals where it is alleged that there is an error in any decision made by the Community Development Director in the interpretation of the Zoning Ordinance. 8. The Appeal came before the City Council for review and action at its March 9, 1998 • meeting. Following a public hearing, the City Council voted to table the item until the Planning Commission had reviewed the item. /(-,3 i 9. The City Council received input from the Planning Commission that the Zoning Ordinance does not currently allow religious institutions in the MR-2 zoning district and should be amended if the they are to be allowed in the district. Upon receipt of this information, the Council voted to deny the Appeal. II. The City Council hereby makes the following conclusions: CONCLUSIONS 1. The determination of the Community Development Director, that a religious institution is not allowable in the MR-2 zoning district, is correct because religious institutions are not listed as either permitted or conditional uses in the MR-2 district nor are they similar to any of the uses listed. III. Based upon the foregoing, the Council hereby makes the following decision: DECISION The appeal of the determination by the Community Development Director that a religious institution is not an allowable use in the MR-2 district is hereby in all respects DENIED. • Adopted by the City Council of the City of Richfield, Minnesota this 27th day of April, 1998. Martin J. Kirsch, Mayor ATTEST: Thomas P. Ferber, City Clerk Surrounding Land Use 609 West 74th Street Zoning C-1 C-2 C-3 0 R ® MR-1 ® MR-2 MR-3 ® PC-2 LAND USE Neighborhood Business General Commercial High Density CommT Single Family Residential Two Family Residential Multi Res - Med. Density Multi Res. - High Density Planned Gen. CommT a' d R 74th Street J 609 W. 74th 1111 ?11?..?...1111 :I.1111?? 111111111111111111 111111111 111. 111111111 11111 1? 111111 111111111 1111 1111.1111111111111 111111111 ::•:, 1111111.1111111111 111111111 :.•, 11 ? 1111111 .:. . 111111111111111111 111111111 :.:.:.: 111111111 -ith 111..1111111111111 111,11111 111111111111111111 11.111111 111111111111111111 ?1111111? 1111 111.1111111111 111111111 IIIIIIIIIIIIIIIIII IIIIIIIII i3,, IIII IIIIIIIIIIIIII IIIIIIIII IIIIIIIII I I ? IIIIIIIII IIIIIIIII IIIIIIIIIIIIIIIIII IIIIIloll IIIIIIIIIIIIIIIIII IIIIIIIII .I..I? 76th St R1 U 77th St M 200 0 200 400 Feet ZONING 77th St II-? m m Q m T J r 200 0 200 400 Feet Current Land Use Commercial Multiple Family Duplex 0 Residential Park A N February 9, 1998 Comprehensive Plan Lyndale Avenue Redevelopment Plan 609 West 74th Street Comp Plan Regional Comm'L. Reg'I. Comm'I./Office Single Family Res. ® S. F. Res.- High Dens. Multi Res.- Med. Dens. ® Park Plan Study 77th St Q N February 9, 1998 !C? 10 CITY OF RICHFIELD, MINNESOTA Council Letter No. 99 Agenda April 27, 1998 Issue Statement: As a condition of acceptance of funding under the Bureau of Justice Assistance (BJA) Local Law Enforcement Block Grant (LLEBG) Program, the City of Richfield agreed to establish a grant advisory board and to hold a public hearing regarding the proposed use of the grant funds. The required legal notice of this hearing has been published. Background: In late May 1997, the City was notified by the U.S. Department of Justice that it was eligible to apply to the BJA for funds available through the Local Law Enforcement Block Grant (LLEBG) Program. These funds were being made available to "reduce crime and improve public safety." Application was made by the City in July 1997. In September 1997 the City was informed by the Bureau of Justice Assistance (BJA) that the City had been approved for funding in the amount of $31,717. One condition of the grant award required the City to establish an advisory board to meet and discuss the proposed use of grant funds. This board was to be charged with making non-binding recommendations to the City for the use of LLEBG funds. This advisory board was to have representation from a variety of community groups and organizations. On February 24, 1998 the Richfield Grant Advisory Board met to discuss the City's use of LLEBG funds. The Grant Advisory Board consisted of the following representatives: Law enforcement Dan Scott, Director of Public Safety Vaughn Lambert, Police Captain Jill Mecklenburg, Crime Prevention Specialist Scott Williams, Planning & Research Specialist Pam Taschuk, Youth Resource Specialist Prosecutor Martin Costello, Richfield City Prosecutor Court System Deb Spindler, Hennepin County Probation Officer Schools Deb Holmann, Richfield High School Student Services Coordinator Community Joe Menning, Treasurer, Richfield Crime Fund The Grant Advisory Board reviewed a list of proposed projects and equipment which had been prepared by the Richfield Public Safety Department that meet LLEBG requirements. Discussion centered on prioritization of the various proposed expenditures and the application for future grant funds that may become available. Public Safety Department representatives identified the following as the most appropriate expenditures of the funds available through the current grant: • Partial funding of computerized telephone equipment to support the Crime Prevention Unit of the Public Safety Department. This equipment would provide rapid distribution of crime and other information to Neighborhood Watch block groups, Business Watch members, Apartment Watch and Crime Free Multi Housing. Purchase of two Mobile Computing Devices (MCD) for testing and development prior to possible deployment of MCDs in the entire police fleet. This equipment is the current generation of mobile computers that allow police officers to access information from state, county, and Richfield computer databases, as well as the national NCIC system, from the officer's police vehicle. The information that can be retrieved greatly enhances both officer safety and the officer's ability to identify and apprehend suspects. The computer terminals that are currently installed in Richfield police squads are of an older design and offer more limited capabilities. Recommended Motion: It is recommended that the Council hold a public hearing to accept any comments from the public related to the use of Local Law Enforcement Block Grant (LLEBG) funds. Basis of Recommendation: 1. The conditions of the BJA award of LLEBG funds require the holding of a public hearing regarding the proposed uses of the grant funds prior to the obligation and expenditure of any LLEBG funds. Alternative Recommendation: 1. Do not hold a public hearing and forfeit the awarded funds. Discussion/Decision Mode: Open public hearing and accept public input as well as staff recommendations for the disbursement of the Bureau of Justice Assistance (BJA) Local Law Enforcement Block Grant (LLEBG) Program funds. Respec Ily submitted, James . Prosser City Manager JDP:ds . CITY OF RICHFIELD, MINNESOTA Council Letter No. 98 Agenda April 27, 1998 Issue Statement: Public hearing and second reading of an amendment to the Richfield City Code related to parking lot standards. Background: Section 800 of the City Code establishes regulations for off-street parking areas. Staff members from the Public Works Department, Community Development Department and Inspections Division have reviewed the off-street parking ordinance and recommend that some changes be made in order to clarify the requirements, update standards, and strengthen the City's ability to enforce the requirements. Following first reading of the amendment, staff received a comment on the references to bicycle parking facilities. The concern was expressed that the City would be placing an unnecessary burden on businesses by requiring bicycle parking facilities for all business. Subsection 800.17, subdivision 2 (i) lists "the location of any bicycle parking facilities" as information that should be submitted with an off-street parking permit application. The word "any" was added to the ordinance to clarify that bicycle parking • facilities are not required in all cases but that they are a factor considered by staff and the Council when appropriate. The recommended changes are explained in Attachment A. There are no proposed changes for single family and duplex housing. The changes for multi-family, commercial and instituional uses relate to design features of the parking and do not alter parking ratios. The changes will bring the ordinance into compliance with current practices. Recommended Motion: Conduct a public hearing and hold second reading of an amendment to Section 800 of the Richfield City Code related to parking lot standards and approve a resolution authorizing publication of a summary of the amendment. Basis of Recommendation: 1. The off-street parking ordinance has not been changed for many years. It is appropriate to review and update ordinances on a regular basis. 2. It is important to establish clear standards for the construction of commercial, institutional and multiple family parking lots in the City. • 3. The ordinance changes have been reviewed by Inspections, Engineering and Planning Staff. 9, 4. Legal counsel has reviewed the proposed ordinance. 5. The City Council held first reading on the proposed amendment March 23, 1998. 6. Notification of the public hearing was published in the Sun-Current. Alternative Recommendation: 1. Approve the amendment with modifications. 2. Deny this amendment. Discussion/Decision Mode: A public hearing is scheduled at 7:00 p.m. on April 27, 1998 in the Council Chambers, Richfield City Hall, 6700 Portland Avenue. Respectfully submitted, Jam s . Prosser city nagger 0 JDP:cak 0 RESOLUTION NO. q-j- RESOLUTION APPROVING SUMMARY PUBLICATION OF AN AMENDMENT TO SECTION 800 OF THE RICHFIELD CITY CODE WHEREAS, the City has adopted the above referenced amendment to the Richfield City Code; and WHEREAS, the verbatim text of the amendment is cumbersome, and the expense of publication of the complete text is not justified. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield that the following summary is hereby approved for official publication: SUMMARY PUBLICATION BILL NO. AN ORDINANCE AMENDING SECTION 800 OF THE RICHFIELD CITY CODE RELATING TO STANDARDS FOR COMMERCIAL, INSTITUTIONAL AND MULTIPLE FAMILY PARKING LOTS 0 This summary of the amendment is published pursuant to section 3.12 of the Richfield City Charter. The purpose of the ordinance is to revise the existing standards for commercial, institutional and multiple family parking lots. The ordinance clarifies the requirements, updates standards, and strengthens the City's ability to enforce the requirements for parking lots. Copies of the amendment are available for public inspection in the Community Development Department during normal business hours. Adopted by the City Council of the City of Richfield, Minnesota this 27th day of April, 1998. Martin J. Kirsch, Mayor • ATTEST: Thomas P. Ferber, City Clerk 0 BILL NO. 9-3 AMENDMENT TO SECTION 800 OF THE ORDINANCE CODE OF THE CITY OF RICHFIELD THE CITY OF RICHFIELD DOES ORDAIN: A. Section 800 of the ordinance code of the City of Richfield entitled "Streets, Alleys, and Public Grounds" is hereby amended by amending subsection 800.13 as follows: 800.13. Driveways: special regulations. Subdivision 1. Width' Fesidentual. No 5;11"dWidth: commercial,-ef industrial or multi-family. No driveway from private property serving a commercial, multifamily or industrial use entering a public street may be less than 26 feet nor more than 32 feet in width. Upon a showing of 40 necessity and public convenience, the Public Works Director may authorize a greater or lesser width. Subd. 23. Over sidewalk. Where a driveway is constructed over a public sidewalk, that portion of the driveway falling between the building side of the sidewalk and the street curb must be paved with concrete in accordance with city specifications for sidewalk construction. Subd. 34. Curb cut. Where an existing curb is cut for driveway construction, the curb must be returned to the sidewalk line in accordance with city specifications for curb construction. Subd. 45. Surfacing: commercial. Driveways on private property within the city serving a commercial, multifamily, or industrial use must be surfaced with op rtland cementeihef-concrete, asphaltic cement concrete or paver block. Subd. 56. Residential Drivewavs. All residential drivewavs must meet the requirements for residential driveways of Section 521 of the Zoning Ordinance. 461 B. Section 800 of the ordinance code of the City of Richfield entitled "Streets, Alleys, and Public Grounds" is hereby amended by amending subsection 800.15 as follows: 800.15. Duties of Public Works D4irector. Subdivision 1. Specifications. The Public Works director shall prepare and have available for inspection standard specifications for the construction, removal and repair of driveways, curbs, and curb and gutter. Work must be performed in accordance with these specifications. Subd. 2. Inspection. The Public Works director may requireFevide feF periodic inspection of any work being performed under this section to insure compliance. C. Section 800 of the ordinance code of the City of Richfield entitled "Streets, Alleys, and Public Grounds" is hereby amended by amending subsection 800.17 as follows: 800.17. Parking areas. Subdivision 1. Parking area: permits. No person may establish or make available any lot, tract, or parcel of land or portion thereof as a parking area in any zoneing district-ecep#?e"_€?-ems ° ''rte-d;sas defined in the zoning code or permit land to be so used for other than single family or two family residence parking in any zone without first having obtained a permit as provided in subdivision 2. No building permit may be issued pursuant to the zoning code for the construction of any industrial, commercial, business, trade, institutional, multiple residence, or similar building or structure unless adequate provision has been made for off-street parking, unloading and for the safe accommodation of vehicular and pedestrian traffic and until the permit required by this subsection has been issued. Subd. 2. Application for permits. Application for an off-street parking permit shall be made in writing to the Community Development director. The application must be accompanied by a plan of the property proposed to be used showing the following information: (d) the location of driveways or other vehicular access points connecting the area with any public street as consistent with the city's access management standards, (e) the location or proposed location for baKiff curbs and gutter and sidewalks; (i) location of any bicycle parking facilities: 0 (j) location of transit stops and benches (if applicable): (k+) location and size of any proposed lights; 9-5- (1}) type of surfacing to be used; (Mk) stormwater management plan in compliance with the city's stormwater management requirements for new or redeveloped construction; faeififies; -a+;d (!It) sediment and erosion control plan; and (o+?J_other information reasonably required by the Community Development director to insure that the proposed parking area will comply with all applicable provisions of this code and all standard specifications prepared under subsection 800.23. Subd. 4. Adjoining areas: joint application. Owners of two adjoining areas may join in an application for a single parking area provided that a cross-use agreement is recorded against the property. Subd. 5. Issuance of permit: council action. Upon submission of the application and payment of the required fee, the City Mmanager shall submit the application to the council with recommendations. If the council finds that the proposed parking area will adequately serve the purpose for which it is proposed and will not have an adverse effect upon the public safety or general welfare, the council may issue the permit requested. D. Section 800 of the ordinance code of the City of Richfield entitled "Streets, Alleys, and Public Grounds" is hereby amended by amending subsection 800.19 as follows: 800.19. Conditions governing issuance. The council may condition the issuance of a permit upon the prompt execution of contracts for construction of the parking area and the providing of such security as it deems necessary to insure establishment of the parking area in accordance with the plan approved. In determining whether or not to grant the application, the council shall take into account the following factors any etheF (d) the adequacy of the provisions made for pedestrian, bicycle, and mass transit traffic in and around the area; (e) the adequacy, from the standpoint of channeling traffic, of the distance between driveways and intersections and other driveways ftem the staRdpeiRt -9f (h) compliance with the requirements of subsections 800.17 and 800.23. E. Section 800 of the ordinance code of the City of Richfield entitled "Streets, Alleys, and Public Grounds" is hereby amended by amending subsection 800.23 as follows: 800.23. Parking areas: special regulations. Subdivision 1. General. A parking area adjoining or adjacent to any singleFes,dential or multiple family residencet shall be effectively screened from the residential usedfstFast by a fence, wall, or compact hedge, or a combination thereof. The screening shall be kept in good condition and free from advertising matter. The area shall have a side yard on the side on which a multiple residence or residential district is located, at least 15 feet wide, which shall be maintained free of parking, be landscaped, and be kept in a dust, mud and refuse-free conditional at all times. Lighting on the area shall be so placed as to reflect light away from any adjoining residence or multiple residence as defined in the zoning code. Subd. 2. Surface. Parking areas and all driveways and approaches thereto shall be surfaced with concrete, blacktop, or paver blocka high type flexible OF Figid fit. Sidewalks shall be of concrete. Areas not used for driving, parking or pedestrian traffic shall be landscaped and kept free of mud, dust and refuse. Subd. 3. Barrier curb. A full concrete baFFi9F curb shall be constructed on the perimeter of each such area. Concrete perimeter curb shall be of MnDOT Type B-612. Subd. 4. Curbing. Concrete curb and gutter, with curb returns, shall be constructed at all intersections and approach entrances. Sidewalks -sr all be Subd. 5. Aisle and Stalls width. Parking stalls shall be clearly marked and distinguished from driving lanes, the fr^^+ ^r side. Parking stalls and aisles shall be designed, installed and maintained according to the standards on file with the Public Works Department. Subd. 6. Signs. Traffic signs and devices shall be installed, directing traffic within the area and traffic entering or leaving the area per the Minnesota Manual on Uniform Traffic Control Devices. Subd. 7. Drainage. The area shall be so graded and drained as to dispose of all surface water. Parcels greater than 1/2 acre shall be required to provide proper on-site stormwater collection, 9aFFY aw-a , Asteer.. Water firgim. +he are., °,,.f.,..e Der the Citv's stormwater manaaement Is plan, except where it is determined by the Public Works Director that on-site collection is impractical or creates an undue hardship. Subd. 8. Boulevards. ReuleyaFds shall net be Parking shall be on private property only. Boulevards shall be crossed by driveways or approaches only at approved points. Where necessary to prevent traffic from crossing at other than such approved points, barriers or barricades of an approved type shall be erected on or near the boulevard area. A curb opening permit must be obtained for work in the boulevard area, per subsection 800.11. Subd. 9. Completion. Certificates of Occupancy shall not be issued for any building until all perimeter curb and gutter and at least one lift of blacktop has been installed. F. Section 800 of the ordinance code of the City of Richfield entitled "Streets, Alleys, and Public Grounds" is hereby amended by amending subsection 800.25 as follows: 800.25. Duties of director. The Public Works Director shall prepare standard speci- fications for the construction, marking and equipping of parking areas. In the preparation of specifications relating to traffic flow and traffic control signs and devices the director shall consult with the director of public safety. The specifications prepared under this subsection shall be available for use by applicants. Passed by the City Council of the City of Richfield, Minnesota this day of , 1998. Martin J. Kirsch, Mayor ATTEST: Thomas P. Ferber, City Clerk 0 ATTACHMENT A Changes to Section 800 94 Off-Street Parking Regulations PROPOSED CHANGE BASIS • Remove references to residential This topic was added to the Zoning driveways. Ordinance in 1993 but was never removed from Section 800. • Change language listing approved Clarifies the acceptable materials. surfaces for commercial driveways and parking lots. • Clarify which department director is The Public Works Director is responsible responsible for the different parts of the for establishing standards for parking lots ordinance. and the Community Development Director is responsible for processing off-street parking permit applications. These assignments were changed in the 1980s, but the ordinance was not updated to reflect this change. • Add references to the City's Stormwater The Stormwater Management Plan Management Plan. provides the rules for stormwater management in the City. Referencing it in the ordinance makes it clear that its policies have to be followed in parking lot construction. • Add language relating to the need for an • Staff currently looks for this type of application to address access, bicycle information when reviewing site plans. It parking facilities, transit stops, sediment is appropriate to mention in City Code the and erosion control. information that the City looks for in an off-street parking permit application. Bicycle parking and transit stops are not required for all developments but are a factor considered by staff when appropriate. • Clarify the land uses that are required to The current language is confusing meet the off-street parking standards. because it refers to zoning districts instead of land uses. By using land uses instead of zoning districts, it is clear that the parking standards apply to parking lots for uses such as churches and schools in residential districts. • Add language regarding shared parking It is important that a formal shared use areas. agreement be established when property owners propose to share parking facilities. ATTACHMENT A f? Changes to Section 800 Off-Street Parking Regulations • Clarify the standards used when reviewing • The ordinance should clearly state what a proposed parking lot. standards the City expects parking lots to meet in order to approve an off-street parking permit. • Clarify language relating to parking lot screening. The current language is confusing as to what types of uses are required to screen parking lots. Also, adding language regarding maintenance may help with code enforcement in cases where screening fences are not maintained. • Specify permitted pavement types, curb and gutter requirements, aisle and stall markings, sign installation. • Clarify boulevard restrictions. • Add language to require that a parking lot be nearly completed before a building can be occupied. • Adds specificity to the requirements so it is clear to applicants what is required. • It is sometimes unclear to applicants that the boulevard cannot be used for private parking; adding boulevard references makes the restrictions clearer. In the past, the Inspections Division has received requests for an occupancy permit before the parking lot has been completed. The language provides a legal basis for not allowing occupancy without a parking lot. 11 3 CITY OF RICHFIELD, MINNESOTA Council Letter No. 97 Agenda April 27, 1998 Issue Statement: Public hearing and second reading of the ordinance for the sale of property at 6241- 14th Avenue to the HRA. Background: At the April 13, 1998 meeting, the City Council authorized the acquisition of 6241-14th Avenue and held the first reading of an ordinance authorizing sale of the property to the H RA. The City will use federal CDBG funds to acquire the property. Upon sale to the HRA, the property would be developed by Hennepin Technical College (HTC) under the New Home Program. HUD rules require that the City purchase the property and subsequently transfer it to the HRA to re-sell at the appropriate time. It is anticipated that the City will acquire the property by June 1998. Following acquisition, the City and HRA would enter into a purchase agreement for $1. The purchase agreement would be contingent on publication of the transitory ordinance. Sale of the property to the HRA could occur in June if the transitory ordinance is approved at the April 27, 1998 meeting. The HRA would be responsible for any holding or maintenance costs incurred at the property after acquisition by the City. Staff, in cooperation with HTC's architectural drafting faculty, has developed project plans to meet all setback requirements, complement the design of the neighboring homes and incorporate interior features desirable in today's market. The new house will have approximately 1,800 square feet of finished living area on two levels. It will feature three bedrooms, two baths and an attached garage. Recommended Motion: It is recommended that the City Council hold the public hearing and approve the second reading of the transitory ordinance authorizing the sale of 6241-14th Avenue to the H RA. Basis of Recommendation: 1. The HRA has identified this property for a new home project and authorized staff to acquire the property. 2. The City Council has authorized the acquisition of 6241-14th Avenue and gave first reading to the ordinance authorizing its sale to HRA on April 15. 3. City owned property requires the adoption of a transitory ordinance to effectuate a sale. S-) Alternative Recommendation: Do not give second reading of the transitory ordinance. This would negatively impact the proposed redevelopment of the substandard site. Discussion/Decision Mode: Timely sale of the property from the City to the HRA requires publication of a transitory ordinance following the April 27, 1998 meeting. Respectful submitted, James . Prosser City Manager JDP:ds • • • TRANSITORY ORDINANCE NO. 5-?- AN ORDINANCE AUTHORIZING AND PROVIDING FOR THE SALE, TRANSFER OR OTHER DISPOSITION AND CONVEYANCE OF CERTAIN CITY OWNED REAL PROPERTY LOCATED IN THE CITY OF RICHFIELD, COUNTY OF HENNEPIN, STATE OF MINNESOTA (6241-14TH AVENUE SOUTH) The City of Richfield Does Ordain: Section 1. The following described real property located in the City of Richfield, County of Hennepin, State of Minnesota, is hereby authorized to be sold, transferred or otherwise disposed of, and conveyed by the City as herein provided: Lot 17, Block 1, Nokomis Gardens Rearrangement of Blocks 1, 2, 3, 4, and 5 Girard Parkview, Hennepin County, Minnesota, and having the street address of 6241-14th Avenue South, Richfield, Minnesota. Section 2. The Mayor and City Manager are hereby authorized to take all action as is required to sell, transfer, or otherwise dispose of and convey the real property described in the foregoing Section 1, including, by way of illustration and not limitation, the execution of all documents, purchase agreements, deeds of conveyance, and other instruments connected with such sale, transfer or disposition and conveyance. Passed by the City Council of the City of Richfield, Minnesota this 27th day of April, 1998. Martin J. Kirsch, Mayor ATTEST: Thomas P. Ferber, City Clerk LJ CITY OF RICHFIELD, MINNESOTA Council Letter No. 96 Agenda April 27, 1998 Issue Statement: Public hearing and second reading of an ordinance amendment to Section 1181 which regulates and licenses transient merchants, peddlers, wagon peddlers and solicitors within the City of Richfield. Background: In May 1997, staff received letters from the following people expressing their continuing concern over transient merchants being able to sell flowers from various locations in the City: 1. Pat Harris of Richfield Floral & Gardens, Inc. - 811 East 66t' Street 2. Greg Mjoes of Richfield Flowers & Events - 6515 Nicollet Avenue 3. Lorrie Olson, Property Manager for Midwest Management, Inc., which manages Richfield Shoppes (Richfield Flowers & Events is a tenant in that complex) On July 7, 1997, a Study Session was held with the City Council. Pat Harris spoke of how they thought it was unfair that flower vendors are allowed to sell their products from transient locations in the City. She said that these vendors don't pay yearly rent, taxes or have any other overhead as they do. She said they are not against competition but said that they are unable to compete fairly with these merchants and believe they should not be allowed to sell as they currently do. At this Study Session, staff was directed to consult with the City Attorney's office and answer the following questions: • Can the City prohibit transient merchants from operating in the City? • Can the City restrict transient merchant sales to the Farmers Markets? • What, if anything, can the City do to further restrict transient merchant activities? At the October 6, 1997 Study Session, the above questions were answered: • No, the City cannot prohibit transient merchants from operating in the City. Such a prohibition could be challenged on grounds of denial of equal protection, violation of the Minnesota constitutional protections for home grown products, and possibly on Commerce Clause grounds. Other cities may have done so, but it is the City Attorney's opinion that those cities have not yet been sued. • No, the City cannot restrict transient merchant sales to the Farmers Markets. If a transient merchant can meet the zoning and parking requirements to conduct their activity in a C-2 zone and does not pose a traffic hazard or other public nuisance, there would seem to be no rational basis for treating that transient merchant differently from other retail merchants that sell the same products. There were a number of suggestions made at this time for further restricting transient merchant activities. These suggestions ranged from requiring registration q_1 of exempt transient merchants (home grown food products), a minimum period of time to apply for a license prior to the activity beginning, zoning conditions, etc. At this Study Session, staff was directed by the City Council to explore the possibilities listed above and to amend the current ordinance and schedule it for a first reading in the future. Staff and the City Attorney have completed their review and are suggesting the following amendments to the current transient merchant ordinance: • All registration and license applications must be submitted to Public Safety staff a minimum of 14 days prior to the beginning of the activity. • All persons with sales or products of the farm or garden occupied and cultivated by the person making such sales must complete and sign an affidavit attesting that the products are home grown and must supply the Public Safety Department with the location from which these products were grown. Staff will visit these sites to assure that the affidavit is accurate. • Individuals currently exempt from licensing will be required to register with the Public Safety Department so that staff will be aware of who is selling what products in the community. • A license application for a class I license or registration of a transient merchant activity must be accompanied by the written consent of the owner of the property on which the transient merchant business will be conducted. The owner of the property on which a transient merchant business is conducted is required to undertake due and diligent efforts to ensure that the business complies with the ordinance requirements. • Off street parking must be adequate as required by off-street parking standards on file with the Community Development Department. • A transient business may only be conducted between the hours of sunrise to sunset. A list of C-2 locations has been identified by the Community Development Department as the only acceptable locations for this type of activity. This will be available for applicants to review at the time of the submittal of their application/registration. On March 23, 1998, the City Council reviewed the proposed amendments for the first time and scheduled a public hearing for Monday, April 27, 1998. Staff has also contacted all 1997 licensed transient merchants and the local merchants who originally expressed their concerns so that they are all aware of the amendments to the ordinance. Recommended Motion: Conduct the public hearing and second reading of an ordinance amendment regulating the licensing and registration of transient merchants, peddlers, wagon peddlers and solicitors within the City of Richfield. Basis of Recommendation: 1. The ordinance amendments will provide staff with the opportunity to be more aware of which transient merchants are in the community and what products they are selling and where they are selling. 2. The ordinance amendments will also provide staff with more lead time in processing licensing and registration requests. This has been a concern in the past. Alternative Recommendation: 1. The Council could decide not to approve the ordinance amendment. This would mean that transient merchant activity in the City would remain as it currently is. For those exempted from licensing requirements, it would mean that they would not have to register with the City. It would also mean that staff would not have as much time to process requests. Discussion/Decision Mode: The public hearing and second reading of an ordinance amendment regulating the licensing and registration of transient merchants, peddlers, wagon peddlers and solicitors within the City of Richfield is being presented for Council consideration at this time. RespectfuPIM submitted, James Prosser City Manager JDP:cak ORDINANCE NO. AN ORDINANCE RELATING TO TRANSIENT ?-- ,? MERCHANT ACTIVITIES; AMENDING SECTION 1181 OF THE RICHFIELD CITY CODE THE CITY OF RICHFIELD DOES ORDAIN: Section 1. The title to Section 1181 of the Richfield City Code is amended to read as follows: "Transient merchants, peddlers and wagon peddlers, hawkers, GaRvasseF and solicitors." Sec. 2. Subsection 1181.01, subdivision 4 of the Richfield City Code is amended to read as follows: Subd. 4. "Peddler" er "hawker" means a person who goes from house-to-house, from store-to-store or from place- to-place conveying or transporting goods, wares or merchandise, offering and exposing the same for sale. Sec. 3. Subsection 1181.01, subdivision 6 of the Richfield City Code is amended to read as follows: Subd. 6. "Solicitor" ' means a person OF "GaRvas who goes from place-to-place or from street-to-street soliciting or taking or attempting to take orders for the sale of goods, wares, merchandise or personal services of any nature whatsoever for future delivery or future performance whether or not such person carries or exposes for sale a sample of the subject of any such order or whether or not the person is collecting advance payments for such orders. Sec. 4. Subsection 1181.03 of the Richfield City Code is amended to read as follows: 1181.03. License. Subdivision 1. License required. No transient merchant, wagon peddler, peddler, saRvasser or solicitor can sell or offer for sale any goods, wares or merchandise without having first obtained the appropriate class of itinerant activity license for such activity from the city FnaRager public safety department Subd. 2. Classes of licenses. The following are the classes of itinerant activity licenses: (a) Class I transient merchant (b) Class II wagon peddler (c) Class III peddler 9F hawke (d) Class IV GapyasseF solicitor Subd. 3. Exception to license requirement. No itinerant activity license will be required for the following: (a) sales made to dealers by commercial travelers or selling agents in the usual course of business; (b) sales made by sheriffs, constables or other public officials selling goods, wares or merchandise according to law; (c) sales made by bona-fide assignees or receivers appointed in this state to make such sales for the benefit of creditors; (d) sales of products of the farm or garden occupied and cultivated by the person making such sales, except as required pursuant to subsection 615.19 of this code; (e) sales or offers for sale by peddlers or solicitors who appear at the customer's home or place of business by an appointment which was made prior to such appearance; (f) the g 9F soliciting of money, donations, financial assistance or information for the purposes of any charitable, religious, political or educational organization; or selling or distributing literature or merchandise for which a fee is charged or solicited on behalf of any such organization; this exception does not include activity which has its primary purpose profit for the individuals who are engaged in such activity. • Subd. 4. Proof of state license. In addition to the required license, persons desiring to obtain an itinerant activity license must, at the time of application file proof of the state license required by Minnesota Statutes, sections 329.099 to 329.17. • Subd. 5. Application. Application for an itinerant activity license will be made on forms supplied by the city. Separate applications must be made for the individual or entity on whose behalf the business is being conducted and for each individual who will actually conduct the activity for which a license is required. All registration and license application must contain: applicant or the applicant's principal and attesting to the location of the farm or garden on which the products were grown. (a) The applicant's name, age date of birth, address or residence. If the applicant is a partnership, the names of all partners must be verified by one such partner. If the applicant is a corporation, the names of all officers must be verified by one such officer. (b) The applicant's (i) business and residence addresses for a period of five years prior to the application date, (ii) a statement as to whether the applicant is the sole owner of the business, and (iii) a statement to the effect that no persons other than those named in the application have any interest in the manage- ment and control of the business. (c) The class of itinerant activity license which is being requested and a brief description of the activity. (d) For applications for class I licenses, the location of the property where the activity is to be conducted , if the paFG i undeF lease, e lesser of +hc tFansient the name s address es and telephone number(s) of the owner() of the property: and a written consent that meets the requirements of subsection 1181.04. (e) The length of time (including the beginning and ending dates) for which the license is desired. (f) A photograph of the applicant taken within sixty days of the date of application. The photograph shall be two inches by two inches, showing the head and shoulders of the applicant in a clear and distinguishable manner. (g) Information relating to any conviction of any crime by the applicant; felony, misdemeanor or city ordinance violation (other than traffic); the nature of the offense and conviction date. Subd. 6. Fee. The license fee for the various classes of itinerant activity licenses is fixed in Appendix D of this code. The fee must be paid in full at the time the application is presented. The fee will not be prorated or refunded. Subd. 7. Duration of license. Upon approval of any license application the meager public safety director or designee shall specify the period for which the license is valid. The period may not exceed six months or the period remaining in the calendar year in which the license is issued, whichever is less. -9-5 Subd. 8. Issuance of license. If after review by the public safety department, the Gity Fnanager public safety director or designee is satisfied that the application and all other required submittals are complete, that the applicant is of ' good character and standing and that the activity as described in the application meets the requirements of this section, the public safety director or designee will issue to applicant an itinerant activity license for the designated class described in the application. If the city manager public safety director or designee disapproves the issuance of the license, the applicant will be notified in writing of such disapproval and the reasons for the decision. The notification will also inform the applicant of its right to appeal the disapproval to the city council. The notification will include a refund of the license fee. Falsification or an incomplete application is immediate grounds for denial. Subd. 9. Exhibition of license. Upon approval, the city will issue a license certificate to the licensee. The license certificate will contain the applicant's photograph and such other information as will appropriately describe all the conditions upon which the license is valid. The licensee must have the license in his physical possession at all times during which the licensed activity is being conducted, and must visibly display the same for inspection on their person in the case of an individual, or conspicuous place in the case of a business. Sec. 5. Section 1181 of the Richfield City Code is amended by adding a subsection as follows: 1181.04. Transient merchant business; property owner responsibility. Subdivision 1. Owner responsible. The owner of property on which a transient merchant business is conducted is required to undertake due and diligent efforts to ensure that the business complies with the requirements of subsection 1181.05, subd. 2. Subd. 2. Owner consent. A license application for a class I license or a registration of a transient merchant activity must be accompanied by the written consent of the owner of property on which the transient merchant business will be conducted. The consent must be on a form provided by the city, must expressly acknowledge the property owner's knowledge of and acceptance of the responsibilities imposed by this subsection, and must be signed by the property owner. Subd. 3. Penalty. Violation of this subsection is a misdemeanor. Subd. 4. Merchant responsibility. Nothing in this subsection is intended to relieve or diminish the obligation of the merchant holding the class I license to comply with the requirements of this section. Sec. 6. Subsection 1181.05, subdivision 2 of the Richfield City Code is amended to read as follows: Subd. 2. Transient business. (a) the site of the transient business shall abut and have access to an arterial roadway; (b) no part of any transient business may be located upon a public right-of-way or within 150 tr t intersection f t f ; ee o a s ee (c) the business must not cause undue traffic congestion on surrounding streets; (d) off-street parking must be adequate for both the transient business and other uses conducted on the parcel, as required by off-street parking standards on file with the community development department (e) the business must not generate noise, light, dust or odors which reasonably would tend to disturb or annoy occupants of adjacent residential properties; (f) the transient business license must keep the parcel free of trash, litter and debris; (g) a transient business t may be conducted only between the heuFs of 8.00 a.m. and . per-: sunrise and sunset of any licensed day; (h) no transient business must be conducted by a person who has previously had an itinerant activity license revoked by the city or any other • political subdivision; (i) no more than one transient business may operate from a single parcel at one time; (j) all tents, canopies, awnings or similar items and all water, electrical and lighting facilities must be in compliance with applicable codes and regulations; (k) transient businesses may be conducted only in C-2 districts of the city; (1) no outside storage of vehicles or merchandise is permitted unless specifically authorized by the Gi public safety director or designee: (m) no transient business activity may be conducted in the city for more than eight days during any 60-day period; and on no more than three consecutive days; (n) signs used to advertise the transient business must not have a total aggregate sign face of more than six square feet; and the licensee must obtain the necessary temporary sign permit before utilizing any such sign; and (o) the transient merchant must have in possession written evidence of consent of the owner or leasee (whichever is required) of the parcel to conduct the transient business thereon. 1-g Sec. 7. Subsection 1181.05, subdivision 3 of the Richfield City Code is amended to read as follows: Subd. 3. Other classes. (a) the activity must be conducted in such a manner as not to reasonably annoy or disturb residents of the community; (b) the activity must be conducted only between the heu.m_ of AWGO a.m. and 5.-GO . sunrise and sunset of any licensed day; and (c) the activity must not be conducted on any premises which have been conspicuously posted by the owner for no peddling or soliciting. Sec. 8. Subsection 1181.09, subdivision 1 of the Richfield City Code is amended to read as follows: 1181.09. Suspension or revocation. Subdivision 1. Action by public safety director. If the public safety director or designee determines that the licensee has violated any of the provisions of this section, the manager public safely director will proceed as follows: (a) If the licensee has been convicted in a court of competent jurisdiction for a violation of the provisions of this section which relate to the current term of the license or permit or if the consent described in subsection 1181.03, subd. 5(d) has been withdrawn, the public safety director or designee will forthwith suspend the license for a period of time not to exceed the date of the next regularly scheduled city council meeting which is at least 14 days from the first day of the suspension. Notice of the suspension shall be mailed to the licensee at the address shown in the application. (b) If the licensee has been charged with, but has not been convicted of, a violation of the provisions of this section which relate to the current term of such license, the public safety director or designee shall notify the licensee in writing at the address contained in the application of the determination and in the notification shall also notify the licensee that unless a cash deposit (deposit) is made to the city within 7 days of the notification, the license will be automatically suspended for the term described in subsection 1181.09, subd. 1(a). The deposit shall be $500 for each charged violation,and shall serve to ensure the faithful performance by licensee of the provisions of this section between the date of notification and the date on which the city council meets to consider the matter. (c) If no charge has been brought against the n licensee, the sify manage; public safety director or designee shall notify the licensee or permittee that the city council will consider suspension or revocation of the license at its next regularly scheduled council meeting at least 14 days of the date on which the notice is mailed. Sec. 9. Subsection 1181.09, subdivision 2 of the Richfield City Code is amended to read as follows: Subd. 2. Hearing. At the hearing the licensee or their representative will have an opportunity to rebut any of the information contained in the . public safety director's notice and to offer evidence in mitigation thereof. Adopted this 27th day of April, 1998. Martin J. Kirsch, Mayor ATTEST: Thomas P. Ferber, City Clerk • • Temporary Vendors -- Permitted Locations • Property Address Street Name Excess Parking 811 66th St E Y 1115 66th St E Y 1201 66th St E Y 1208 66th St E Y 1208 66th St E Y 1415 66th St E Y 1430 66th St E Y 1504 66th St E Y 1520 66th St E Y 1820 66th St E Y 220 66th St W Y 300 66th St W Y 2409 66th St W Y 2800 66th St W Y 2900 66th St W Y 3020 66th St W Y 305 77th St E Y 6200 Cedar Ave S Y 6244 Cedar Ave S Y 6511 Cedar Ave S Y 6521 Cedar Ave S Y 6700 Cedar Ave S Y 7034 Cedar Ave S Y 7226 Cedar Ave S Y 7400 Cedar Ave S Y 6436 Lyndale Ave S Y 6438 Lyndale Ave S Y 6444 Lyndale Ave S Y 6444 Lyndale Ave S Y 6620 Lyndale Ave S Y 6724 Lyndale Ave S Y 7412 Lyndale Ave S Y 7512 Lyndale Ave S Y 7529 Lyndale Ave S Y 7529 Lyndale Ave S Y 7700 Lyndale Ave S Y 6440 Nicollet Ave S Y March 18, 1998 • • ')-1l Property Address Street Name ,. Excess Parking 6445 Nicollet Ave S Y 6300 Penn Ave S Y 6319 Penn Ave S Y 6325 Penn Ave S Y 6500 Penn Ave S Y 6528 Penn Ave S Y 6613 Penn Ave S Y 6645 Penn Ave S Y 6800 Penn Ave S Y 6800 Penn Ave S Y 6527 Portland Ave S Y 7701 Portland Ave S Y 7733 Portland Ave S Y March 18, 1998 CITY OF RICHFIELD, MINNESOTA tU Council Letter No. 95 Agenda April 27, 1998 Issue Statement: Consideration of an application for a new residential kennel license for Mr. and Mrs. West, 7301 Wentworth Avenue. Background: On March 30, 1998, Jane West submitted an application for a residential kennel license. She owns three dogs. Mrs. West's application contains the signatures of contiguous property owners. On April 5, 1998, an inspection of the property was conducted by a Community Service Officer. There were no apparent problems found at that time. The City has adopted a policy that staff notifies neighbors surrounding the area of the residential kennel license. Staff received no calls regarding this application. Although this application is for three dogs, it does not exceed the maximum number of six animals that was approved by the Council as policy on July 22, 1991. Recommended Motion: Staff recommends that the application for a residential kennel license be approved. Basis of Recommendation: It is up to the animal owner to prove that the keeping of more than two dogs does not have an adverse effect on the neighborhood. Mr. and Mrs. West have been able to do this. Alternative Recommendation: The Council could decide to deny Mr. and Mrs. West's residential kennel license. This would mean that they would have to reduce the number of dogs they have from three to two. Discussion/Decision Mode: Recommendation to approve the application for a residential kennel license for Mr. and Mrs. West, 7301 Wentworth Avenue, is presented for Council consideration at this time. Respectfully submitted, Jame . Prosser City nager JDP:cak CITY OF RICHFIELD, MINNESOTA Council Letter No. 94 Agenda April 27, 1998 Issue Statement: Approval of purchase for attachments to three truck chassis through the State of Minnesota Cooperative Purchasing Program. Background: On January 26, 1998, the Richfield City Council approved the purchase of three single axle cab chassis for use as dump trucks by the Street Maintenance Division of the Public Works Department. J. Craft Truck Equipment Manufacturing, Inc. submitted the low bid to supply and install the attachments needed for the three vehicles through the State of Minnesota Cooperative Purchasing Plan as follows: Tarp System $ 1,320 + 58.18 tax each X 3 = $ 4,134.54 Box & Lighting $17,830 + 925.40 tax each X 3 = $ 56,266.20 Plow & Sander $14,915 + 827.71 tax each X 3 = $ 47,228.13 Salter Control $ 2,071 + 120.06 tax each X 3 = $ 6,573.18 Rear Hitch $ 292+ 6.89 tax each X 3 = $ 896.67 Total $115,098.72 The original budgeted amount (including plows & wings) for the completed vehicles was $270,000. The price for the three hydraulics-ready cab chassis came to $142,935, leaving about $127,000 budgeted for this purpose. Recommended Motion: Approve the purchase of the above attachments from J. Kraft Truck Manufacturing for a total purchase price of $115,098.72. Basis of Recommendation: 1. J. Kraft Truck Manufacturing submitted the lowest bid for the types of attachments needed to make these three vehicles usable as dump trucks. 2. There is enough money in the 1998 approved budget to cover this purchase. Alternative Recommendation: Council could reject this purchase and instruct staff to obtain new bids for this work. However, J. Kraft was the low bidder on the state program, and they are a reputable, reliable manufacturer. Discussion/Decision Mode: Staff is requesting approval at the April 27, 1998 regular Council meeting in order to facilitate timely delivery of these completed vehicles. itted, James . Prosser City Manager JDP:ds J • s CITY OF RICHFIELD, MINNESOTA Council Letter No. 93 Agenda April 27, 1998 Issue Statement: Purchase of a squad car to replace Unit #9785. Background: Unit #9785, a 1997 Crown Victoria Ford marked squad car was totaled in an accident in late March. Under the Hennepin County Cooperative Purchasing Program, staff is still able to order a replacement squad under the current bid, with Council approval. Funding for the replacement vehicle would be as follows: Replacement funds banked by the Central Garage and Equipment Fund $ 6,200 Loan from the Central Garage and Equipment Fund $13.960 Total $20,160 The loan from the Central Garage and Equipment Fund to replace the 1997 squad and losses for the totaled vehicle will be charged back to the Public Safety Department through their vehicle rental rates. Recommended Motion: Authorize increase to Central Garage and Equipment Fund 1998 budget by $20,160 to provide for replacement squad car by purchase of a 1998 Ford Crown Victoria full size police sedan through the Hennepin County Cooperative Purchasing Program. Basis of Recommendation: 1. The City of Richfield is in need of replacing an active squad car. 2. Superior Ford, Inc. was the lowest responsible bidder for the type of car requested. 3. The Central Garage and Equipment Fund has sufficient monies to provide for the purchase. Revenues provided through vehicle rental rates will be sufficient to provide for this increase in budgeted equipment purchases. Alternative Recommendation: Council may choose to reject the bid and request staff to obtain bids from other sources in an attempt to receive a lower purchase price. However, staff does not believe a better price can be obtained from a responsible dealer. Discussion/Decision Mode: Staff is requesting approval at the April 27, under the Hennepin County program. 1998 Council meeting to order this vehicle Respectful submitted, James Prosser City M ager JDP:cak (Ob i CITY OF RICHFIELD, MINNESOTA Council Letter No. 92 Agenda April 27, 1998 Issue Statement: Purchase of seasonal street maintenance supplies in excess of $25,000. Background: The City Council policy on purchasing provides that when the purchase of merchandise, materials, equipment or construction exceeds the amount of $25,000, authority to purchase shall be submitted to the City Council for consideration. Each year, the Street Maintenance Division purchases asphalt to use in the general street maintenance operation. The materials are used for patching throughout the summer months. Staff received two informal quotes from suppliers as follows: Commercial Asphalt Co., Inc. Burnsville Plant Location Bituminous Roadways, Inc. 920 West Cliff Road 2825 Cedar Avenue South 41 B Mix (Asphalt) $21 /ton $20/ton 41A (Driveway Mix) 22/ton 20.50/ton A trip from the Garage shop to Commercial Asphalt's Burnsville plant takes 20 to 30 minutes round trip. A trip to Bituminous Roadways is a 60 to 90 minute round trip. Crews make approximately 150 trips for asphalt in a season. Because the efficiency of the entire eight-person crew depends on timely delivery of these materials, staff believes it is in the best interest of the City to purchase the asphalt and driveway mixes from Commercial Asphalt, even though the prices quoted per ton are slightly higher. Recommended Motion: Approve the purchase of seasonal street maintenance supplies from Commercial Asphalt Company, Inc. in the estimated amount of $30,000. Basis of Recommendation: 1. While Commercial Asphalt Company, Inc. submitted a slightly higher competitive quote, the road time to the Burnsville plant versus the road time to Bituminous Roadway's south Minneapolis plant and back is a considerable difference. Staff believes the time factor alone would make up for the slightly higher per-ton price. 2. These materials are needed for the summer street maintenance operation. Alternative Recommendation: Council may reject the Commercial Asphalt Company, Inc. quote and instruct staff to purchase the materials from Bituminous Roadways, Inc. However, the availability and convenience of the Commercial Asphalt plant are a big plus on busy patching days. (OD- I Discussion/Decision Mode: This item is scheduled for the April 27, 1998 Council meeting. Staff is requesting approval at this time to begin patching immediately as the early spring thaw is already showing an immediate need for these materials. Respectfully submitted, Jame Prosser City Manager JDP:ds C7 C 6 C' CITY OF RICHFIELD, MINNESOTA Council Letter No. 91 Agenda April 27, 1998 Issue Statement: Application for lawful gambling license for Fred Babcock VFW Post #5555, 710 Lake Shore Drive. Background: On March 30, 1998, the VFW submitted an application for renewal of their lawful gambling license. The application requests renewal for their bingo and pulltab operations. The applicant is proposing to conduct bingo on Sunday, Monday and Thursday evenings from 7 p.m. to 10 p.m. The pulltabs would be conducted in conjunction with the bingo operation. The Public Safety Department has conducted the required background investigation and has determined that the applicant has complied with all requirements. In addition, the gambling manager, Mr. Charles Thyr, has no known criminal record. is Finally, the applicant is requesting the $100 investigation fee be waived. Richfield City Code 1100.13 requires the Public Safety Department to review the request for the gambling license and make its review and recommendation to the City Council. Recommended Motion: Staff recommends that the Council pass a resolution approving the gambling activity requested by the applicant in accordance with Richfield City Code 1100. 13, sub. 6. Staff further recommends that the Council waive the investigation fee. Basis of Recommendation: 1. The applicant has complied with the State Statutes and City Code pertaining to lawful gambling. 2. The applicant has submitted the request within 60 days of the renewal of the license. The applicant has demonstrated that the gambling activity requested is a benefit to the community. 11 (C---I . Alternative Recommendation: 1. The Council could pass a resolution specifically disapproving the renewal request; however, staff has determined that there is no basis for this alternative. 2. The Council could decide to not waive the investigative fee. Discussion/Decision Mode: Approve the renewal of Fred Babcock VFW Post #5555's lawful gambling application and the request for waiver of the investigative fee. Respectfully submitted, Jame Prosser City Ma ager JDP:cak • 0 RESOLUTION NO. RESOLUTION APPROVING LAWFUL GAMBLING FOR THE FRED BABCOCK VFW POST #5555 WHEREAS, the Fred Babcock VFW Post #5555 has submitted an application for renewal of their lawful gambling license; and WHEREAS, the application requests renewal for their bingo and pulltab operations; and WHEREAS, Minnesota State Statute Section 349.213 provides authority for review of applications by local authorities; and WHEREAS, Section 1100.13 of the Richfield City Code provides regulation of lawful gambling; and WHEREAS, the Department of Public Safety has completed an investigation of the application and finds the application to be in order. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council, City of Richfield, Minnesota, as follows: 1. That a lawful gambling license be granted to the Fred Babcock VFW Post #555, 710 Lake Shore Drive. 2. The investigation fee to be waived. Adopted by the City Council of the City of Richfield, Minnesota this 27th day of April, 1998. Martin J. Kirsch, Mayor ATTEST: Thomas P. Ferber, City Clerk 0 (v8 CITY OF RICHFIELD, MINNESOTA Council Letter No. 90 Agenda April 27, 1998 Issue Statement: Setting date of hearing for the issuance of a new secondhand goods dealer license for Grow Biz International, Inc. d/b/a Computer Renaissance, 720 West 78th Street, Richfield, MN. Background: City ordinance provides that the City Council conduct a public hearing to consider all secondhand goods dealer licenses. Recommended Motion: Schedule May 11, 1998 as the date to hold a public hearing on the issuance of a new secondhand goods dealer license for Grow Biz International, Inc., d/b/a Computer Renaissance, 720 West 78th Street, Richfield, MN. Basis of Recommendation: Hearings must be scheduled and held before issuance of a new license may be considered. Alternative Recommendation: Schedule the hearing for another date; however, this may delay the licensing process. Discussion/Decision Mode: Action to schedule the public hearing on May 11, 1998 will provide sufficient time for legal publication of the hearing. Respectfully submitted, Jam . Prosser City Manager JDP:cak 0 6A CITY OF RICHFIELD, MINNESOTA Council Letter No. 89 Agenda April 27, 1998 Issue Statement: Setting date of public hearing as requested by the State of Minnesota for a new currency exchange license for Younge, Potts, Weizer, & Company Inc., 7620 Lyndale Avenue, Richfield. Background: Curt R. Potts, owner of Younge, Potts, Weizer, & Company Inc., has applied to the State of Minnesota Department of Commerce for a "currency exchange license" at 7620 Lyndale Avenue. While the City does not regulate this type of business, Minnesota Statutes (MNSA 53A.04, para a &b) requires the local governing body to conduct a public hearing and either indicate concurrence with the issuance or recommend denial. It appears that the applicant (Younge, Potts, Weizer, & Company Inc.) meets the statutory requirements; however, the Council, after a public hearing, could recommend to the State that the license be denied, provided they have sufficient reason. Recommended Motion: Conduct a public hearing on May 11, 1998 as required by Minnesota Statutes on the application by Younge, Potts, Wiezer, & Company Inc., 7620 Lyndale Avenue. Basis for Recommendation: State law requires that the City conduct a public hearing on this matter. Alternative Recommendation: The Council could refer the matter to the Planning Commission or a hearing officer. Discussion/Decision Mode: Conduct a public hearing on May 11, 1998 on the application of Younge, Potts, Weezer, & Company Inc. and recommend approval or denial to the Minnesota Department of Commerce. Respectfully submitted, Jams Prosser City anager 9 JDP:cak [09 CITY OF RICHFIELD, MINNESOTA SPECIAL CITY COUNCIL MEETING WEDNESDAY, APRIL 22, 1998 6 P.M. RICHFIELD CITY HALL 6700 PORTLAND AVENUE RICHFIELD ROOM AGENDA CALL TO ORDER ROLL CALL 1. INTERVIEW OF YOUTHS INTERESTED IN SERVING ON CITY'S COMMISSIONS 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.