Loading...
7-14-97 agenda• CITY OF RICHFIELD, MINNESOTA MONDAY, JULY 14, 1997 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 JUNE 23, 1997 AND (2) CITY COUNCIL STUDY SESSION OF JULY 7, .1997 PRESENTATION INDIVIDUALS WHO WISH TO ADDRESS THE COUNCIL ARE REQUESTED TO PRINT THEIR NAME AND ADDRESS ON THE SPEAKER'S REGISTER FOR THE RECORD. 1. OPPORTUNITY FOR CITIZENS TO ADDRESS THE COUNCIL ON ITEMS. NOT ON THE AGENDA. • AGENDA APPROVAL COUNCIL APPROVAL OF AGENDA CONSENT CALENDAR 3. CONSENT CALENDAR CONTAINS SEVERAL SEPARATE ITEMS. WHICH ARE ACTED. UPON BY THE CITY COUNCIL IN ONE MOTION. ONCE THE CONSENT CALENDAR HAS BEEN APPROVED, THE INDIVIDUAL ITEMS AND RECOMMENDED ACTIONS HAVE ALSO BEEN APPROVED. NO FURTHER COUNCIL ACTION IS NECESSARY. HOWEVER, ANY COUNCIL MEMBER MAY REQUEST THAT AN ITEM BE REMOVED FROM THE CONSENT CALENDAR AND PLACED ON THE REGULAR AGENDA FOR COUNCIL DISCUSSION AND ACTION. ALL ITEMS LISTED ON THE CONSENT CALENDAR ARE RECOMMENDED FOR APPROVAL.. A. CONSIDERATION OF APPROVAL OF AWARD OF CONTRACT FOR 77TH STREET IMPROVEMENTS RELATED TO MERIDIAN CROSSINGS TO SHAPER CONTRACTING COMPANY, INC. IN AMOUNT OF $260,366.50 C.L. 171 B. CONSIDERATION OF APPROVAL OF RESOLUTION AUTHORIZING ONE YEAR DEMONSTRATION PROJECT FOR PROVISION OF DIRECTIONAL SIGNS ON 77TH STREET RIGHT-OF-WAY TO ADDRESS BUSINESS ACCESS IN VICINITY OF 77TH STREET AND LYNDALE AVENUE C.L. 172 C. CONSIDERATION OF APPROVAL OF SUBMISSION OF INTERMODAL SURFACE TRANSPORTATION ACT (ISTEA) GRANT APPLICATIONS TO WIDEN LYNDALE AVENUE BRIDGE OVER 1-494 AND TO BUILD PEDESTRIAN/BIKEWAY BRIDGE AT 76TH STREET OVER I-35W C.L. 173 D. CONSIDERATION OF APPROVAL OF ON-SALE 3.2 PERCENT MALT LIQUOR LICENSE, ITINERANT PIECE OF AMUSEMENT LICENSE AND ITINERANT FOOD LICENSE WITH FEES WAIVED FOR CHURCH OF THE ASSUMPTION FUN PEST ON AUGUST 16 AND 17, 1997 C.L. 174 E. CONSIDERATION OF APPROVAL OF PUBLIC DANCE LICENSE FOR EL PULSO DE LA VIDA AT ST. PETER'S CATHOLIC CHURCH, 6730 NICOLLET AVENUE, FOR AUGUST 23 THROUGH SEPTEMBER 27, 1997 C.L. 175 F. CONSIDERATION OF APPROVAL OF RENEWAL OF COMMERCIAL VETERINARY LICENSE FOR VETERINARY SERVICE PURPOSES ONLY TO A CARING DOCTOR (MINNESOTA) P.A:, IN NAME OF VETSMART PET HOSPITAL AND HEALTH CENTER, 1100 WEST 78TH STREET C.L. 176 G. CONSIDERATION OF APPROVAL OF RENEWAL OF VETERINARY LICENSE FOR VETERINARY SERVICE PURPOSES TO AIRPORT PET HOSPITAL, 6301 CEDAR AVENUE C.L. 177 H. CONSIDERATION OF APPROVAL OF RENEWAL OF VETERINARY LICENSE FOR VETERINARY SERVICE PURPOSES TO ANIMAL CARE CLINIC, 6521 CEDAR AVENUE C.L. 178 I. CONSIDERATION OF APPROVAL OF RENEWAL OF COMMERCIAL KENNEL LICENSE FOR PETCO ANIMAL SUPPLIES, INC., 710 WEST 66TH STREET, FOR GROOMING OF ANIMALS C.L. 179 J. CONSIDERATION OF APPROVAL OF RENEWAL OF COMMERCIAL KENNEL LICENSE FOR ELAINE'S GROOMING, 7429 HUMBOLDT AVENUE, FOR PURPOSE OF ANIMAL GROOMING C.L. 180 PUBLIC HEARINGS 4. PUBLIC HEARING AND SECOND READING OF ORDINANCE AMENDMENT TO RICHFIELD CITY CODE RELATING TO ADMINISTRATIVE PROCEDURE FOR OPENING OF COMPETITIVE BIDS SUBMITTED TO CITY COUNCIL LETTER NO. 181 5. PUBLIC HEARING REGARDING ISSUANCE OF ON-SALE 3.2 PERCENT MALT LIQUOR LICENSE FOR EUROPEAN MUSICAL NETWORK, DBA CYBER PALACE CAFE, 6509 NICOLLET AVENUE COUNCIL LETTER NO. 182 6. PUBLIC HEARING AND SECOND READING OF ORDINANCE EXTENDING MORATORIUM ON REGULATING AND LICENSING OF TATTOO BUSINESSES` WITHIN RICHFIELD FOR ONE ADDITIONAL YEAR COUNCIL LETTER NO. 183 7. PUBLIC HEARING AND SECOND READING OF TRANSITORY ORDINANCE TO AUTHORIZE SALE OF CITY-OWNED PROPERTY WITHIN LOT 2, BLOCK 3, CLOVERLEAF ADDITION TO RICHFIELD HRA FOR MERIDIAN CROSSINGS PROJECT, PHASE II .COUNCIL. LETTER NO. 184 PUBLIC HEARING AND CONSIDERATION OF RESOLUTION APPROVING CONDITIONAL USE PERMIT TO ALLOW CONSTRUCTION OF 90-FOOT TELECOMMUNICATIONS TOWER AT 6244 CEDAR AVENUE COUNCIL LETTER NO. 185 PROPOSED ORDINANCE 9. CONSIDERATION OF FIRST READING OF ORDINANCE AMENDING SUBSECTION 416.11, SUBD. 5 OF RICHFIELD CITY CODE; RELATING TO DISCONTINUANCE OF NONCONFORMING SIGNS COUNCIL LETTER NO. 186 ADMINISTRATIVE REPORTS AND OTHER BUSINESS 10. CONSIDERATION OF SETTING SPECIAL MEETINGS FOR 1997 .REVISED/1998 PROPOSED BUDGET AND SETTING PRELIMINARY TAX LEVY COUNCIL LETTER NO. 187 AIRPORT BUSINESS 11. CONSIDERATION TO AUTHORIZE AMOUNT NOT TO EXCEED $60,000 FOR BBN TECHNOLOGIES TO DEVELOP SURVEY OF LOW FREQUENCY NOISE SENSITIVITIES IN EXISTING .LOW FREQUENCY NOISE IMPACTED AREA COUNCIL LETTER NO. 188 12. AIRPORT STATUS REPORT • CORRESPONDENCE 13. LEGISLATIVE REPORT COUNCIL CHOICE 14. COUNCIL DISCUSSION ITEMS 15. CLAIMS AND PAYROLLS 16. 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.18s Agenda July 14, 1997 Issue Statement: Consideration to authorize an amount not to exceed $60,000 for BBN Technologies to develop a survey of low frequency noise sensitivities in an existing low frequency noise impacted area. Background:. At the Study Session of July 7, staff reviewed'with the City Council a proposal to develop a demonstration house to assess sensitivities to low frequency noise. The purpose of the data-would be to assess how people would react to the low frequency noise that will be generated from the north/south runway. It was also intended that the survey compare the reaction to the low frequency noise to other regulated noise, such as airplane and automobile traffic noise. The City Council directed staff to present a proposal for Council consideration only if the information would be of value in establishing legal-facts related to the impact of low frequency noise on residential areas. City staff reviewed the proposal with special airport counsel, Steve Pflaum. Mr. Pflaum • determined that the demonstration as proposed would not serve the purpose as directed by the City Council. Instead, Mr. Pflaum has suggested an alternative. That alternative would be a survey of neighborhoods currently impacted by low frequency noise similar to the noise that would be generated within Richfield. It would be necessary to survey another community for this purpose. The sample community has not been selected yet. Sandy Fidell, BBN Technologies, has determined that it is likely that a neighborhood could be .reasonably identified. The cost of identifying a community and developing the appropriate survey instrument that would admissible in court, should that be necessary, is estimated not to exceed $60, 000. Recommended Motion: Authorize an amount not to exceed $60,000 for BBN Technologies to conduct a survey of low frequency noise sensitivities in existing low frequency noise impacted areas. Basis of Recommendation: 1. There are currently no existing standards of permissible low frequency noise levels. The proposed north/south runway will emit significant low frequency noise levels that would impact significant portions (about 20%) of Richfield. ~l-1 2. The survey would establish facts to demonstrate the low frequency noise impact of the proposed north/south runway. That information could be used by agencies preparing and reviewing the draft environmental impact statement (EIS) and could also be used to provide comments on the final EIS. If necessary, the information would also be prepared in such a manner that it would be legally :admissible in court proceedings challenging the EIS. 3. While the survey would be conducted in another community, adjustments to local noise sensitivities could be made based upon data previously developed by Richfield. - - Alternative Recommendation: 1. The Council could decide not to authorize this expenditure and request other agencies to develop the data: 2. The Council could decide not collect the data on the~basis that the Metropolitan Airports Commission has the affirmative responsibility to demonstrate that there will not be a negative impact generated by the low frequency noise impacts of the north/south runway. Discussion/Decision Mode: This matter will be presented at the Council meeting of July 14, 1997. If approved, City • staff will request financial participation by the Metropolitan Council. Respectful) submitted, James Prosser City Manager JDP:cak /~ CITY OF RICHFIELD, MINNESOTA Council Letter No. 187 Agenda July 14, 1997 Issue Statement: Setting special meeting for 1997 Revised/1998 Proposed budget and setting preliminary tax levy. Background: City staff is now in the process of preparing the draft 1997 Revised/1998 Proposed budget. Included in that draft document is the proposed preliminary property tax levy for the City and for the Richfield HRA. The Truth in Taxation statute requires that a preliminary levy be adopted by the local units of government and certified to the County Auditor on or before September 15 of each year. In order to review the draft budget document with the City Council prior to the September 15 deadline, it is necessary to establish at least one special meeting. For the current year, staff is proposing that such special meetings be set for the following date: 7:00 p.m. Wednesday, August 27, 1997 7:00 p.m. Wednesday, September 3, 1997 The above suggested meeting should provide adequate time to review the budget document and proposed tax levy. The adoption of the preliminary levy and dates for the Truth in Taxation public hearings could either be adopted at one of the special meetings listed above or at the September 8, 1997 regular City Council meeting. Recommended Motion: Set the date of August 27 and September 3 (if necessary) as a Special City Council meetings to review and discuss the 1997 Revised/1998 preliminary tax levy prior to certification to the County on September 15, 1997. Basis for Recommendation: 1. It is necessary to review and discuss the 1997 Revised/1998 Proposed budget and 1996 preliminary tax levy prior to certification to the. county on September 15, 1997. 2. Draft budget documents will be available to City Council Members on or before August 20. This will allow some time for Council Members to review the draft budget before the scheduled meeting. Alternative Recommendation: 1. The City Council could schedule meetings on a different date(s) than those suggested. ,~--i • 2. The City Council could schedule additional sessions than those suggested. 3. The City Council could decide not to schedule any budget meetings and proceed with the preliminary levy at a regular City Council meeting before September 15, 1997. Discussion/Decision Mode: Because of the strict timeframe associated with the Truth in Taxation process, this issue should be considered at the July 14, 1997 meeting so that a date for special meetings may be established if the City Council wishes to use that process. Respectfully submitted, Ja a .Prosser City anager JDP:ds • L~ 9 CITY OF RICHFIELD, MINNESOTA Council Letter No. 1s6 Agenda July 14, 1997 Issue Statement: Consideration of first reading of an sign ordinance amendment regarding an extension period for nonconforming business signs. Background: In 1987, the City Council approved a comprehensive revision of the City's sign ordinance. As a result, many business signs which were existing at the time became nonconforming under the new ordinance. The revised sign ordinance included an amortization period of ten years after which all nonconforming signs were to be brought into conformance. That amortization period ends October 4, 1997. To staff s knowledge, all owners of such signs (approximately 30) have been notified and are aware of the deadline. Recently, the sign ordinance was further amended in such a way as to provide an additional three year amortization period and an extension provision for nonconforming billboards. This amendment however, did not apply to .nonconforming business signs. More recently the City Council directed staff to prepare an ordinance amendment which would allow for the possible extension of the use of nonconforming business signs. The concern is that there may be certain circumstances under which the enforcement of the amortization provision could be seen as unreasonable, impractical or counter to the intent of the sign ordinance. In addition to allowing extensions on the use of the signs, the amendment would also extend the current October 4, 1997 amortization deadline by two months. The reason for this is that the amendment, if approved, would not take affect until late September. This should allow ample~time for people to apply for an extension and have a decision made. Under this proposed amendment all nonconforming signs, with exception. of those which are granted an extension, would need to be removed by January 5, 1998. Applications for the extension of the use of nonconforming signs would need to be submitted to the Director of Community Development on or before November 3, 1997. Staff is recommending a fee to process the application. The purpose of the fee is to cover the various costs associated with processing these applications such as publication of legal notices, preparation of mailings to adjacent property owners along with the associated postage, the staff time involved in reviewing applications, and preparing reports for the Hearing Examiner and the services of the Examiner. The fee is anticipated to be $200. The fee is in no way intended to deter people from applying rather it is intended to reflect the real cost associated with processing the request. • g-I Recommended Motion: Approve first reading of an ordinance amendment amending subsection 416.11, Subdivision 5 of the Richfield City Code relating to the discontinuance of the nonconforming signs and set a public hearing and second reading for August 11, 1997. Basis of Recommendation: 1. A similar amendment, allowing for extended use of nonconforming billboards, was recently approved. 2. Enforcement of the current ordinance may unreasonably deny the owner of the nonconforming sign the opportunity to recover thevalue of the sign and any improvements made to it. 3. Enforcement of the current ordinance may result in situations were the solution (the new sign) would be in conflict with the purpose of the original ordinance and would not result in improved appearance. 4. At its June 2, 1997 Study Session, the City Council directed staff to prepare an ordinance amendment allowing the possible extension of the use of nonconforming business signs. Alternative Recommendation: Deny this ordinance amendment at first reading. Discussion/Decision Mode: First reading is set for July 14, 1997. If approved, an public hearing and second reading would be scheduled for August 11, 1997. Respectfu submitted, Jame Prosser City M ager JDP:cak l~a" • BILL NO. AN ORDINANCE .AMENDING SUBSECTION 416.11, SUBIDIVISION 5 OF THE RICHFIELD CITY. CODE; RELAT- ING TO DISCONTINUANCE OF NONCONFORMING SIGNS THE CITY OF RICHFIELD DOES ORDAIN: Section 1. Subsection 416.11, subdivision 5, clause (a) of the .Richfield .City Code is amended to read as follows: Subd. 5. Nonconforming signs. (a) Any sign prohibited by this ordinance or not in conformance with • the standards, requirements and provisions of this ordinance, which was lawfully erected and maintained prior to ~ki~~~~e October 1, 1987, shall be defined as a nonconforming sign. Sec. 2. Subsection 416.11, subdivision 5, clause (b) of the Richfield City Code is amended to read as follows: • (b) Except as provided in subsection .416.09, subdivision 3, all nonconforming signs shall be removed or brought in conformity with this ordinance within the following time periods: (1) Any nonconforming temporary sign: within 60 days of the adoption of this ordinance. (2) Any nonconforming permanent sign: on or before January 5, 1998 or such later date as may be granted in an extension obtained pursuant to paragraph (fl of this subdivision. Sec. 3. Subsection 416.11, subdivision 5 of the Richfield City Code is amended by adding a new clause to read as follows: ~f The owner of a nonconforming sign ma~pply for an extension of the deadline provided for in paragraph (bZ(2) of this subdivision. 1~ Applications for extension must be made to the director of community development on or before November 3, 1997 on forms provided by the Cites 1~ Upon receipt of a completed application, the director • shall assign the application to a hearing examiner .appointed by the city manager and a date shall be set for a public hearing before the hearing examiner. CAH125464 RC145-317 ~I-3 • Notice of .the public hearing .must be published at least 10 days prior to the hearing and must also be mailed to the owners of properties located wholly or partially within 150 feet of the property on which the nonconforming sign is located. The hearing examiner shall render a written decision concerning the application. In making the decision, the hearing examiner may consider the following factors: (i) cost of the sign and any improvements made thereto =prior to the effective date of this ordinance; (iil depreciated value of the sign=(iii) remaining useful life of the sig~iv length and re- maining term of any lease under which the sign is maintained; (v) lease terms in effect as of July 1, 1997; (vi) location of the sign in relation to sur- rounding_property uses; (vii) character of and uses in the surrounding neighborhood; (viii) benefit to the public b~ requiring the termination of the nonconforming use; (ix) burden on the property owner by_requiring the termination of the noncon- forming use; (x) length of time the use has been in existence and the length of time the use has been nonconforming. The owner has the burden of establishing that it is entitled to an extension. The hearing examiner may grant an extension if: (i) the amortization period provided in paragraph (b)(2) of this subdivision unreasonably deprives the owner of the opportunity to recover the value of the sign and any improve- - ments made thereto prior to the effective date of this ordinance; or (ii) the community development director attests in writing_that the property on which the sign is located is under active consideration by the city or its housing and redevelopment authority for redevelopment by January 1, 2000. The hearing examiner may extend the removal deadline for such period of time as the hearing examiner determines is reasonable under the circumstances. The hearins examiner may impose reasonable conditions upon the owner of the nonconforming_ sign, for the purpose of mitigating or alleviating the harm caused by the nonconformity during the extension period. The decision of the hearin examiner is the final decision of the City. CAH125464 RC145-317 ^~ • Adopted this day of , 1997. ATTEST: Thomas P. Ferber, City Clerk • Martin J. Kirsch CAH125464 RC145-317 • CITY OF RICHFIELD, MINNESOTA Council Letter No. is5 Agenda July 14, 1997 Issue Statement: Public hearing and consideration of a resolution approving a conditional use permit to allow construction of a 90-foot telecommunications tower at 6244 Cedar Avenue. Background: The applicant, U S WEST, is proposing to construct a 90-foot steel monopole tower on their property located at 6244 Cedar Avenue. The tower would'be located in the parking lot near the northwest corner of the building. An equipment pad would be located at the base of the pole. The tower will be built to accommodate a second user. Construction of the tower, in the proposed location would eliminate three parking spaces; however, there is excess parking on the site. When U S WEST submitted an application, staff requested that they explore colocating on the Sprint telecommunication tower that is located within 1/2 mile of the proposed tower location. The Sprint tower is located on property owned by the Metropolitan Airports Commission at approximately 61st Street and 16th Avenue in the City of Minneapolis. Although the City of Richfield leases this land for Taft Park, the City had no jurisdiction over the construction of the Sprint tower. U S WEST received a letter from Sprint stating that the available space on the tower was already leased and that the tower is not structurally capable of accommodating a third user. Since that time, staff has been informed that MAC may request that changes be made to the tower, limiting its ability to accommodate any additional users. Recommended Motion: Approve the conditional use permit to allow construction of a 90-foot telecommunications tower at 6244 Cedar Avenue with the following stipulations: That, if an additional user locates on the tower, the plans for the location and appearance of the equipment be submitted to and approved by the Community Development Director. 2. That the handicapped parking space .located near the proposed tower location be relocated if impacted by the construction of the tower. 3. That any additional conditions as required by the City Code, Section 426, be met. 4. That a conditional use permit resolution be recorded with the County, pursuant to Minnesota Statutes Section 462.36, Subdivision 1. • ~~ Basis of Recommendation: 1. The proposed tower meets the setback requirement from a residential district of one and-one-half times the height of the tower. The proposed tower location is approximately 450 feet from the nearest residential property. 2. The proposed tower would be neutral in color. 3. The proposed loss of three parking spaces would have minimal impact on the provision of parking. 4. Tower will be designed to structurally accommodate at least one additional user. 5. An existing tower is located within one-half mile of the proposed location; however, the tower owner informed the applicant that they had already leased the available space. 6. U S WEST hosted an informational open house for area property owners and occupants on Monday, June 9, 1997. One property owner attended the open house. 7. Notice of the hearing was published in the Sun-Current and mailed to property owners and occupants within 350 feet of the subject property. • 8. On June 24, 1997 the Planning Commission voted unanimously to recommend approval of the conditional use permit. Alternative Recommendation: Deny the request with a finding that the proposal would have an adverse impact on adjacent properties or the City as a whole. Discussion/Decision Mode: A public hearing is scheduled for 7:00 p.m. on Monday, July 14, 1997. The hearing will be held in the City Council Chambers of Richfield City Hall, 6700 Portland Avenue. Respectfully submitted, Ja a D. Prosser City anager JDP:cak • ~~ RESOLUTION NO. RESOLUTION FOR APPROVING A CONDITIONAL USE PERMIT 6244 Cedar Avenue WHEREAS, an application has been filed with the City of Richfield which requests approval of a conditional use permit fora 90-foot commercial wireless telecommunications tower on land generally located at 6244 ,Cedar Avenue South, legally described as: Commencing at the northeast corner of Tract B Registered Land Survey No. 930 then west-along the north line thereof to a point .118 feet east as measured at right angles from the west line thereof then south parallel with the west line thereof its extension southerly to a point 24 feet south from the north line of Block 3, Iverson's Third Addition, then east parallel with the north line thereof to the southerly extension of the east line of Tract B RLS No. 930 then north to beginning, except road. WHEREAS, the City has fully considered the request for approval of the conditional use permit. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Richfield, Minnesota, as follows: 1. A conditional use permit is issued fora 90-foot commercial wireless telecommunications tower, as described in City Council Letter No. , • on the Subject Property legally described above. 2. The conditional use permit is subject to completing the following conditions: • That,. if an additional user locates on the tower, the plans for the location and appearance of the equipment be submitted to and approved by the Community Development Director. • That the handicapped parking space located near the proposed tower location be relocated if impacted by the construction of the tower. • That any additional conditions as required by the City Code, Section 426, be met. • That this resolution be recorded with the County, pursuant to Minnesota statutes section 462.36, subdivision 1. Adopted by the City Council of the City of Richfield, Minnesota this 14th day of July, 1997. Martin J. Kirsch, Mayor ATTEST: Thomas P. Ferber, City Clerk • • PROPERTY UNE I ~ ~EZISnNC I PROPOSED MONOPOLE ~ tACATdI w r z o I a I 1 i I I I I 1 ~ g PNmINC 1 I ~ I 1 I ~p_~. f t ~~ I ~ ~ ~ j r ~ 1 I I 1 € ~ ~ ~ 1 1 \~ .~ ~~ \ ~ ~~ ~ ' ~ a : ~~ ~~ I ~~ ~ ~~ , ~ f-STORY BRICK BRICK BUIl01NG NO. 6244 1 a Iw a - ;. \ `~ ~ ~ ~ 0 ~ i i I I I ~.. 1 1 PROPERri LINE 63RD STREET SITE PLAN o ~• ~• ~• scuE FEET -3 w Z W Q ~' Q W U ~ o i I • a n i • i ~ i i i ~) i I ~ PROPOSED MONOPOLE MID EQUIPMENT NLARGED PLAN o a• e' +z' swuE rEEr a'-s• NKiM eouNao, tw. _ ts) Eoua sP~ a s-o• . ss'-o• __~ ~5 • ~{ "' , r ~+:~~'-t~~ t s Richfield Site -MIN 115 Monopole Height = 90ft Building Height =Approx. 17ft • • ~=~ '• 1 n_ SOUTH ELEVATION o •' r ~r u~ ~ • CITY OF RICHFIELD, MINNESOTA Council Letter No. 1s4 Agenda July 14, 1997 Issue Statement: Public hearing and second reading of a transitory ordinance to authorize the sale of City-owned property within Lot 2, Block 3, Cloverleaf Addition to the Richfield HRA for Meridian Crossings Project, Phase IL Background: During the period 1989-1991, the HRA, on behalf of the City; purchased several residential properties on the west side of old Emerson Avenue that abutted the Cloverleaf site. These properties along with a portion of the Cloverleaf site were then transferred to the City for the 77th Street road improvement project. After all necessary takings within this area were made for the project, residual land along with the Cloverleaf site was platted to form the Cloverleaf Addition. During the title review process for the sale of the Cloverleaf site from the HRA to TOLD, developer of Meridian Crossings, it was noted that a boundary discrepancy exists within Lot 2, Block 3, Cloverleaf Addition (Phase II of Meridian Crossings) and is under the ownership of the City. The subject area is small triangular piece, 249.85 square feet in size, that once abutted the Cloverleaf site as a part of a residential property purchased for the 77th Street Project. In order to correct the boundary line of Lot 2, Block 3, Cloverleaf Addition, the City must convey the small triangular area back to the HRA. The sale and boundary line correction will enable the HRA to convey Lot 2, Block 3, Cloverleaf Addition to TOLD for Phase II of Meridian. Crossings free of this defect at a future date. As the subject area was part of the 77th Street Project funded by MSA, certain MSA rules must be adhered to. These rules require that land sale proceeds from the disposition of land be based on a fair market value established by a professional appraiser. The area has a value of $976.86 which the HRA must reimburse to the City in order to acquire the parcel. The attached site plan at Exhibit A indicates the residential lot-that the City obtained for the 77th Street project and the triangular piece which is to be conveyed back to the HRA to correct the boundary discrepancy. You will note that the lot purchased is now mainly 77th Street right of way with the exception of the subject area and the northeast corner, which is part of Lot 1, Block 2, Cloverleaf Addition. Exhibit B provides the legal description for the subject area. The conveyance of the land from the City to the HRA will be made by quit claim deed. Recommended Motion: The Council is asked to (a) conduct a public hearing and second reading of the transitory ordinance which authorizes the sale of the City-owned property legally ~1-/ described in Exhibit B to the Richfield HRA; and (b) direct appropriate staff to authorize publication of the transitory ordinance in order to effectuate the sale transaction. Basis of Recommendation: 1. The first reading of the transitory ordinance to authorize the sale of City-owned property within Lot 2, Block 3, Cloverleaf Addition to the Richfield HRA for Meridian Crossings Project, Phase II was held on June 9, 1997. 2. A legal notice of public hearing for the second reading of the transitory ordinance was published in the newspaper on July 2, 1997. 3. The boundary discrepancy correction and land reconveyance to the HRA are necessary for the sale transaction of Lot 2, Block 3, Cloverleaf Addition between the HRA and developer of Meridian Crossings, Phase II, to occur in the future. 4. The .City's legal counsel reviewed this matter and is of the opinion that no adverse impact exists making the boundary correction.. 5. The HRA will reimburse the City $976.86 as just compensation for the reconveyance. 6. Pending City Council authorization of conveyance of the subject land to the HRA, • correction to the boundary discrepancy will be made once the transitory ordinance becomes effective. Alternative Recommendation: The City Council may choose not to convey the land to the HRA at this time. However, this will impact the conveyance of Lot 2, Block 3, Cloverleaf Addition to the developer of Phase II, Meridian Crossings. Discussion/Decision Mode: The public hearing and second reading of the transitory ordinance will complete the land sale process to the HRA. The transitory ordinance will be effective 30 days after its publication in the newspaper. The sale transaction to the HRA could occur after this effective date, proposed as August 22, 1997. Respectfully submitted, Ja a D. Prosser City Manager JDP:cak 7-a C~ TRANSITORY ORDINANCE NO. AN ORDINANCE AUTHORIZING AND PROVIDING FOR THE SALE, TRANSFER OR OTHER DISPOSITION .AND CONVEYANCE OF CERTAIN CITY OWNED REAL PROPERTY LOCATED IN THE CITY OF. RICHFIELD, COUNTY OF HENNEPIN, STATE OF MINNESOTA 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 to the Housing and Redevelopment Authority in and for the City of Richfield as herein provided: All that part of the South 50 feet of the North 315 feet of the East 1/2 of the West 1/2 of the Northeast 1/4 of the Southwest 1/4 of the Southeast 1/4 of Section 33, Township 28, Range 24 which lies within Lot 2, Block 3, CLOVERLEAF ADDITION, Hennepin County, 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 this day of ATTEST: Thomas P. Ferber, City Clerk 1997 by the Richfield City Council. Martin J. Kirsch, Mayor r: EXHIBIT A ~i'o~¢rfy c onvcycd ~ ~~~ ~ ~ -.,~j - SITE PLAN ~rf ~b ~ rcton~c cd f~~A y Donor e ~ `•~ c~. ac- .. ~ . I ... _ I 60 ... .. . ... •• •. • •i• .v•.-.•i • .~.~.• ••i~. •i~ a,r••••i• .~ •V.• •i~ .~.• •. •~.• .• • •i. ;;~ O r , t Z ~. t• • 1 t: .. ' 8' u :" :( 108) Q~ItiI7. ':~~ ~ . ~ i3o) ••• •.• • / M ' n f' ~ ~ ~ .... hit • ,•••_.•--- ~ N89 5T 5~ E ~~..;.5136 t3 "~°' •--......,,..4 _ ;; ~i-:: w-a: 3s~. as- __ __ ~ "' 4+39 ~: ' _ ~ t .. .S q?1' ~ ~~ ~.• V ~ v `e 9 •~ ~TH 57REET~ w s~ °~+ri s8: - o°'~o ~'•,, ~ '`~ y S~.' .fl`t ~ ~~ '° ;- ,-~;*:= 'Q ~ ~ ~O~jP .~ ~~p~ ,,, : o, 30 -- ---E. LINE E~~2 ' '' ~ i~` ~c,LN / `` ~ ~'e• ?' <oa ~ e ' o°! • ::. ~ ~ , ° .~ 5~,~ '•,~. ~.• Q~ ..! :. ~ 30 = NE~~c t3 Sw~`~ - ~, ~,[ ` •~~• ; T-~ ~ y coq' G~ •0y ~~` . S 't ~ `i' '. f*i .~: ~ i ~` y iC'' . ~ CJ G~ ~ ~ . 1 j=~ Z r*t 7 ? 6~ `~~ w ~ ~.+ •. C• m aE aE j, ~~ 1 ~ N S~?•p?, y ~ O~ 30 ~ $ -+i9•S7'SS'E ~4~• 1~ OS~E ~,~~ . .. ).: 30 i ~ 310.00 FEET 114.93 ~ z ~ N89• $6~' ~ 2 "E `. ~ i ~ ~ ~ • 64.28 -.~ iQ 6` ;~') ?63.9'S1~ N• 0,.~~c^• ' ~32.b C6 13.1. ~ _. ~ i ,.fin, ,w •w . by ~) O ~ ~ ~ 4 6 S. O ... N . m ~p ~B. ~ c. ., ~o = o ~oyy ~ ~~a ~ ~` ~N 9.5~ ~ ~ 2 "E- 4 b>0v~ 4 r~ i ~j y0 LZ • ~-- S. ~ tNE NE~~~ - ~ i ~ ~~c~ ~•o`~`~ : i Sw~~~ - SE~~~ i i ~ y ~ ~ _-- ,< 7-4 EXHIBIT B LEGAL DESCRIPTION All that part of the South 50 feet of the North 315 feet of the East 1/2 of the West 1/2 of the Northeast 1/4 of the Southwest 1/4 of the Southeast 1/4 of Section 33, Township 28, Range 24 which lies within Lot 2, Block 3, CLOVERLEAF ADDITION, Hennepin County, Minnesota • CITY OF RICHFIELD, MINNESOTA Council Letter No. 1s3 Agenda July 14, 1997 Issue Statement: Public hearing and second reading of an ordinance extending the moratorium on regulating and licensing of tattoo businesses within the City for one additional year, as established in Bill No. 1996-12 Transitory Ordinance No. 17.66. Background: On April 8, 1996, the City Council approved first reading of an interim `or`dinance authorizing a study to be conducted pertaining to tattoo businesses within the City. On that same date, Council approved a resolution proposing a moratorium fora period of one year, with the option of extending the moratorium for a total additional period of 18 months. The one year moratorium expired on June 21, 1997. The purpose of the moratorium was to allow the Planning Commission and the Advisory Board of Health to study relevant issues including: 1) Should tattoo parlors be licensed within the City of Richfield; 2) If licensing requirements are established, what should be included in the regulations;. and 3) Should tattoo parlors be limited regarding their location. The Advisory Board of Health has been studying this issue and. will be reviewing a final draft of a tattoo ordinance at their July 21, 1997. It is necessary to request an extension of the tattoo moratorium because the Advisory Board of Health would not be prepared to present the final ordinance to the City Council until after the original moratorium date had expired. First reading of an ordinance extending the moratorium on the regulating and licensing of tattoo businesses within the City for one additional year took place on June 9, 1997. Recommended Motion: Conduct the public hearing and approve second reading of an ordinance extending the moratorium on regulating and licensing of tattoo businesses within the City for one additional year, as established in Bill No. 1996-12 Transitory Ordinance No~. 17.66. Basis of Recommendation: 1. The extension will allow sufficient time to complete the study and adopt any necessary amendments to the City's zoning and licensing regulations. 2. The interim ordinance was adopted for the purpose of protecting -the planning process and. the health, safety and welfare of the citizens of the City. 3. Extension of this moratorium ordinance complies with State law. r~ U ~~i Alternative Recommendation: 1. The Council may decide not to extend the moratorium Discussion/Decision Mode: Conduct the public hearing and approve second reading of an ordinance extending the moratorium on regulating and licensing of tattoo businesses with the City for one additional year, as established in Bill No. 1996-12 Transitory Ordinance No.' 17.66. Respectfully submitted, Ja a D. Prosser City anager JDP:cak • ~ -~- BILL NO. 1997 AN ORDINANCE EXTENDING FOR ONE YEAR THE MORATORIUM ON THE DEVELOPMENT OF A TATTOO ORDINANCE AS ESTABLISHED IN ORDINANCE N0. 1996-12 THE CITY COUNCIL OF THE CITY OF RICHFIELD ORDAINS: Section 1. Extension of Moratorium Period The moratorium period established in Section 3.03 of Ordinance No. 1996-12 (Transitory Ordinance No. 17.66) is hereby extended for one year. The moratorium period, as hereby extended, shall expire on June 21, 1998 or such earlier date as may be further adopted by ordinance. The moratorium period may be further extended for a time period not to exceed a total additional period of six months, as may be necessary to complete the study and adopt any necessary amendments to the City's zoning ordinance. Section 2. Effective Date. This ordinance is effective in accordance with Section 3.09 of the Richfield City Charter. Passed by the City Council of the City of Richfield, Minnesota this 14th day of July, 1997. Martin J. Kirsch, Mayor ATTEST: Thomas P. Ferber, City Clerk • CITY OF RICHFIELD, MINNESOTA Council Letter No. is2 Agenda July 14, 1997 Issue Statement: Public hearing regarding the issuance of on-sale 3.2' percent malt liquor license for European Musical Network d/b/a Cyber Palace Cafe, 6509 Nicollet Avenue. Background: The application for the issuance of the on-sale 3.2 percent malt liquor license has been submitted by European Musical Network d/b/a Cyber Palace Cafe. The required license fee has been paid. The Public. Safety investigation has been conducted and revealed the following: • The City is currently able to issue 15 on-sale 3.2 percent malt liquor licenses. This would be a request for license number fourteen. • Mr. Yuriy Chechetka is proposing to operate a cafe to include bakery products, sandwiches, 3.2 percent malt liquor, a juke box and computer stations. The hours of operation will be 8:30 a.m. to 8 p.m., Monday through Thursday; 4 p.m. to 1 a.m., Fridays and Saturdays; and 12 noon to 5 p.m. on Sundays.. • Mr. Yuriy Chechetka is the owner of the establishment. He is also acting as General Manager. Mr. Chechetka has no known criminal history. • -The owner of the property is Midwest Management. Recommended Motion: • Conduct the public hearing and approve the issuance of the on-sale 3.2 percent malt liquor license for European Musical Network d/b/a Cyber Palace Cafe, 6509 Nicollet Avenue. Basis of Recommendation: 1. The applicant has complied with all of the provisions of both the City code and State Statute pertaining to on-sale 3.2 percent malt liquor licensing. 2. Based upon the information supplied by the applicant and the investigation conducted by the Public Safety Department, there appears to be no reason to deny the issuance of the license requested. Alternative Recommendation: 1. The Council could decide to deny the on-sale 3.2 percent malt liquor license for European Musical Network d/b/a Cyber Palace Cafe. This would mean that the cafe would be unable to serve any on-sale 3.2 percent malt liquor. Discussion/Decision Mode: The request to consider the issuance of an on-sale 3.2 percent malt liquor license for European Musical Network- d/b/a Cyber Palace Cafe, 6509 Nicollet Avenue, has been scheduled for July 14, 1997. Respectf ly submitted, • Jam .Prosser City anager cc.~~ cJ JDP:cak • CITY OF RICHFIELD, MINNESOTA Council Letter No. 181 Agenda July 14, 1997 Issue Statement: Public hearing and second reading consideration of an ordinance amendment to the Richfield City Code .relating to the administrative procedure for the opening of competitive bids submitted to the City. Background: Subdivision 315.03, Subd. 2 of the City Code currently requires that competitive bids submitted to the City be opened by the City Clerk with the City Manager and one Department Director present. There is a need to provide the authority to"allow alternate administrative staff members to be designated in the absence of the City Manager, City Clerk, or Department Director for the purpose of opening competitive bids. The current ordinance does not provide for the designation of alternate staff people to conduct bid openings when the City Manager, City Clerk, or Department Director is not available. The affect of this ordinance amendment would allow a respective designee to act as a member of the administrative staff for the opening of bids in the absence of the City Manager, City Clerk, and/or Department Director. The proposed ordinance amendment would maintain the current requirement for three administrative staff members to be present at bid openings. Recommended Motion: • To conduct the public hearing and approve second reading of an ordinance amendment to Subsection 315.03, subd. 2 of the Richfield Code relating to administrative procedure for competitive bids. Basis of Recommendation: 1. It is necessary to provide the authority to designate alternative staff people to conduct bid openings in the absence of the City Manager, City Clerk, or Department Director. 2. The proposed amendment would maintain the integrity of the process. 3. First reading approval was adopted at the June 9, 1997 City Council meeting. Alternative Recommendation: The City Council could decide not to amend the ordinance and keep the ordinance as it now is constructed. Discussion/Decision Mode: This item has been scheduled for July 14, 1997 for public hearing and second reading consideration. Resp ctf submitted, Jam .Prosser • City ager JDP:cak y_~ BILL NO. 1997- AN ORDINANCE AMENDING SUBSECTION 315.03, SUBD. 2 OF THE RICHFIELD CITY CODE; RELATING TO ADMINISTRATIVE PROCEDURES FOR BID OPENINGS THE CITY OF RICHFIELD DOES ORDAIN: Subsection 315.03, Subd. 2. of the Richfield City Code is amended to read as follows: Subd. 2. Administrative staff to open bids. Competitive bids submitted to the city for any purpose shall be opened by the city administrative staff. When such bids are opened, the city manager, the city clerk and one department #~2ad-director or their respective authorized designee shall be present. Passed by the City Council of the City of Richfield, Minnesota this 14th day of July, 1997. Martin J. Kirsch, Mayor ATTEST: Thomas P. Ferber, City Clerk • CITY OF RICHFIELD, MINNESOTA Council Letter No. iso Agenda July 14, 1997 Issue Statement: Consideration of an application for a renewal of a commercial kennel license for Elaine's Grooming, 7429 Humboldt Avenue, for the purpose of animal grooming. Background: On June 23, 1997, Elaine Berquist submitted an application for the ,renewal. of her commercial kennel license. Ms. Berquist's application had all contiguous property owners' signatures on it. On June 26, 1997, 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 notify neighbors surrounding the area of the commercial kennel license when it is located in a residential neighborhood. Staff received no complaints from any of the neighbors. Recommended Motion: • Staff recommends that the application for a commercial kennel license be approved. Basis of Recommendation: 1. The applicant has complied with the City codes pertaining to a commercial kennel license. 2. The City has previously issued a kennel license to Elaine's Grooming for the purpose of grooming. Alternative Recommendation: 1. The Council could decide to deny the request for a commercial kennel license; however, the Public Safety Department has not found any basis for denial. Discussion/Decision Mode: Recommendation to approve the application for a commercial kennel license for Elaine's Grooming, 7429 Humboldt Avenue, is presented for Council consideration at this time. Respectfully submitted, • Ja s .Prosser City anager JDP:cak 31 CITY OF RICHFIELD, MINNESOTA Council Letter No.1~9 Agenda July 14, 1997 Issue Statement: Consideration of an application for a renewal of a commercial kennel license for Petco Animal Supplies, Inc., 710 West 66th Street, for the grooming of animals. Background: On June 26, 1997, Petco Animal Supplies, Inc., submitted an application for the renewal of a commercial kennel license. This license will be for the grooming of animals only. There will be no kenneling of animals at any time. The application is complete and the $150 fee has been received. On June 26, 1997, an inspection of the property was conducted by a Community Service Officer. There were no apparent problems found at that time. The Public Safety Department and Environmental Health staff have received no complaints for the past year for Petco Animal Supplies, Inc. Recommended Motion: Staff recommends that the application for a commercial kennel license be approved. Basis of Recommendation: 1. The applicant has been made. aware of the City codes pertaining to a commercial kennel license. 2. The City has previously issued a Commercial kennel license for the purpose of grooming to Petco Animal Supplies, Inc. Alternative Recommendation: 1. The Council could decide to deny the request for a commercial kennel license; however, the Public Safety Department has not found any basis for a denial. Discussion/Decision Mode: Recommendation to approve the. application for a commercial kennel license for Petco Animal Supplies, Inc., 710 West 66th Street, for the grooming of animals is presented for Council consideration at this time. Respectfully submitted, • Jam .Prosser City anager JDP:cak 3N CITY OF RICHFIELD, MINNESOTA Council Letter No 178 Agenda July 14, 1997 Issue Statement: Consideration of an application for a renewal of a veterinary license for Animal Care Clinic, 6521 Cedar Avenue. Background: On May 8, 1997, Animal Care Clinic submitted an application for the renewal of their veterinary license for providing full service veterinary services. The application is complete and the $150 fee has been received. On June 26, 1997, an inspection of the property was conducted by a Community Service Officer. There were no apparent problems found at that time. The Public Safety Department and Environmental Health staff received. no complaints during the past year for Animal Care Clinic. Recommended Motion: Staff recommends that the application for a veterinary license be granted for veterinary service purposes to Animal Care Clinic, 6521 Cedar Avenue. Basis of Recommendation: 1. The applicant has complied with the City codes pertaining to a veterinary license. 2. The City has previously issued a veterinary license to Animal Care Clinic. Alternative Recommendation: 1. The Council could decide to deny the request for a veterinary license; however, the Public Safety Department has not found any basis for a denial. Discussion/Decision Mode: Recommendation to approve the application for a veterinary license for Animal Care Clinic, 6521 Cedar Avenue, is presented for Council consideration at this time. Respectf submitted, Ja a .Prosser City Hager . JDP:cak l~ CITY OF .RICHFIELD, MINNESOTA Council Letter No. 177 Agenda July 14, 1997 Issue Statement: Consideration of an application for a renewal of a veterinary license to operate a veterinary clinic for Airport Pet Hospital, 6301 Cedar Avenue. Background: On May 7, 1997, Airport Pet Hospital submitted an application for the renewal of their veterinary license. The application is complete and the $150 fee has been received. On June 26, 1997, an inspection of the property was conducted by a Community Service Officer. There were no apparent problems found at that time. The Public Safety Department and Environmental Health staff have received no complaints during the past year for Airport Pet Hospital. Recommended Motion: Staff recommends that the application for a veterinary license be granted for veterinary service purposes to Airport Pet Hospital, 6301 Cedar Avenue. Basis of Recommendation: 1. The applicant has complied with the City codes pertaining to a veterinary license. 2. The City has previously issued a veterinary license to Airport Pet Hospital. Alternative Recommendation: 1. The Council could decide to deny the request for a veterinary license; however, the Public Safety Department has not found any basis for a denial. Discussion/Decision Mode: Recommendation to approve the application for a veterinary license for Airport Pet Hospital, 6301 Cedar Avenue, is presented for Council consideration at this time. Respectfully .submitted, Ja a D. Prosser City anager JDP:cak • ~~ CITY OF RICHFIELD, MINNESOTA Council Letter No. i~6 Agenda July 14, 1997 Issue Statement: Consideration of an application for a renewal of a veterinary license to operate a veterinary clinic for A Caring Doctor (Minnesota) P.A.; in the name of VetSmart Pet Hospital and Health Center, 1100 West 78th Street. Background: On May 22, 1997, A Caring Doctor (Minnesota) P.A. submitted an application for VetSmart Pet Hospital and Health Center, 1100 West 78th Street, -for a veterinary license for providing full service veterinary services. The application is complete°and the $150 fee has been received: It is intended that these services will occur in a leased space from Petsmart, Inc., at the same location. On June 26, 1997, an inspection of the property was conducted by a Community Service Officer. There were no apparent problems found at that time. The Public Safety Department and Environmental Health staff have received no complaints in the past year for VetSmart Pet Hospital and Health Center. Recommended Motion: Staff recommends that a commercial veterinary license be granted for veterinary service purposes only to A Caring Doctor (Minnesota) P.A., in the name of VetSmart Pet Hospital and Health Center, 1100 West 78th Street, Richfield. Basis of Recommendation: 1. The applicant has complied with all City ordinances pertaining to a veterinary license. 2. The City has previously issued a veterinary license to A Caring Doctor (Minnesota) P.A. in the name of VetSmart Pet Hospital and Health Center. JDP:cak Alternative Recommendation: 1. The Council could decide to deny the request for a veterinary license; however, the Public Safety Department has not found any basis for a denial. Discussion/Decision Mode: Recommendation to approve the application for a veterinary license for A Caring Doctor (Minnesota) P.A., in the name of VetSmart Hospital and Health Center, 1100 West 78th Street, is presented .for Council consideration at this time. Respectf y submitted, .la s .Prosser City anager 3F CITY OF RICHFIELD, MINNESOTA Cotaricil Letter No. i~5 Agenda July 14, 1997 Issue Statement: Request for a public dance license for EI Pulso De La Vida, 1145.Lilac Circle, Victoria, Minnesota, to be located at St. Peter's Catholic Church, 6730 Nicollet Avenue, for the time period of August 23 through September 27, 1997. Background: The applicant, Thomas William Bright, submitted an application on July 1, 1997 for a public dance license. These dances are scheduled for August 23 and September 6, 13, 20 and 27. They are scheduled to begin at 8 p:m: and end promptly at 1 a.m. Dancing is done to a disc jockey and is the only activity taking place. The applicant has a signed lease agreement with St. Peter's Catholic Church for the dances to take place at their location. Staff has had several conversations with the owner of the establishment and has reviewed all requirements with him thoroughly. There will be no alcohol of any kind served to anyone or available during these dances. The owner has contacted Public Safety and made arrangements for a police officer to be present at all public dances with the cost being incurred by the owner. Arrangements will be made for an officer to be present for each evening's activities.. Recommended Motion: Staff recommends approval of a public dance license for EI Pulso De La Vida, 1145 Lilac Circle, Victoria, Minnesota, to be located at St. Peter's Catholic Church, 6730 Nicollet Avenue, for the time period of August 23 through September 27, 1997. Basis of Recommendation: 1. The owner has submitted the required information and paid the fees. 2. The owner has had several discussions with Public Safety staff and has agreed to all the requirements of the public dance ordinance. 3. There have been no Public Safety contacts at any of the prior dances. Alternative Recommendation: 1. The Council could decide not to approve the public dance license which would mean that no dancing could take place on the premises. Discussion/Decision Mode: The request for a public dance license for EI Pulso De La Vida, 1145 Lilac Circle, Victoria, Minnesota., to be located at St. Peter's. Catholic Church, 6730 Nicollet Avenue, is presented to the Council for consideration at this time. Respec Ily submitted, Ja D. Prosser City anager JDP:cak ~3 D CITY OF RICHFIELD, MINNESOTA Council Letter No. 174 Agenda July 14, 1997 Issue Statement: Request by Church of the Assumption for an on-sale 3.2 percent malt liquor license, itinerant place of amusement license and an itinerant food license with fees waived for the 1997 Fun Fest to be held August 16 and 17, 1997. Background: On June 30, 1997, Church of the Assumption submitted a request fora temporary license to serve 3.2 percent malt liquor, an itinerant place of amusement and an itinerant food license for August 16 and 17, 1997. They are requesting that any fee be waived. Recommended Motion: Approve the licenses with fees waived for August 16 and 17, 1997 for Assumption's 1997 Fun Fest. Basis of Recommendation: 1. The applicant has complied with the City codes pertaining to these licenses. 2. The applicant will supply liquor liability insurance coverage as soon as possible. 3. The City has previously issued these licenses in conjunction with the Assumption Fun Fest. Alternative Recommendation: 1. The Council could decide to deny the request. The Public Safety Department has not found any basis for a denial. In addition, the Council has previously granted these licenses in conjunction with the Assumption Fun Fest. Discussion/Decision Mode: Approve the request by Church of the Assumption for an on-sale 3.2 percent malt liquor license, itinerant place of amusement license and an itinerant food license with fees waived for the 1997 Fun Fest to be held August 16 and 17 1997. Respectfully submitted, Ja D. Prosser City. Manager JDP:cak (~ CITY OF RICHFIELD, MINNESOTA Council Letter No. 173 Agenda July 14, 1997 Issue Statement: Authorization to submit federal ISTEA grant applications to widen Lyndale Avenue bridge over I-494 and to build apedestrian/bikeway bridge at 76th Street over I-35W. Background: The federal Intermodal Surface Transportation Act (known as ISTEA) provides federal funds for various highway related. capital improvements. The deadline for applications is July 28, 1997. Applications require City Council authorization. City staff is proposing to submit two applications. The first will widen the Lyndale Avenue bridge and add a double left turn lane for the northbound traffic on Lyndale Avenue at 77th Street. The second will propose the construction of a pedestrian/bikeway bridge on 76th Street over I-35W. The widening of the Lyndale Avenue will be performed in cooperation with the City of Bloomington which has indicated its support..The widening is necessary for two reasons: • to provide a protected left turn lane in each direction on the bridge to eliminate traffic congestion caused by vehicles waiting to enter the freeway; and, • to allow for proper alignment to add a second left turn lane for northbound traffic on Lyndale Avenue at 77th Street. The shift in the road alignment to the east will require the City to acquire commercial properties on the east side of the 7600 block of Lyndale Avenue. The surplus land would then become available for redevelopment as part of the Lyndale Gateway South Plan. While plans for redevelopment of this area are not finalized, construction of the road improvements will not occur sooner than the summer of 1998. This should provide sufficient time to complete redevelopment plans for the Lyndale Gateway South area., The project cost needs to be updated for the application submission. Earlier cost figures showed the total project cost at $3.0 million. Of that figure half was for construction and engineering, and half was for right of way acquisition. The City is requesting $960,000 in federal highway funds. Bloomington will provide $270,000. Richfield will use $1:77 million to cover the remaining cost of construction and all of the project's right of way expenses. City staff will continue to explore the possibility of obtaining federal highway demonstration funds from the U.S. Congress that provide more generous federal funding to purchase right of way than the regular ISTEA funding process offers. ~-i The second application is for apedestrian/bikeway bridge to be built over I-35W at 76th Street. The need for the bridge became apparent following discussions with the Minnesota Department of Transportation (MnDOT) on the proposal to extend the High Occupancy Vehicle Lane on I-35W. MnDOT explained that the 76th Street bridge could not be expanded to provide a safe walkway on the bridge without replacing the entire bridge. The bridge replacement will not occur until the interchange of I-35W and I-494 is rebuilt which may. be many years away. Recent discussions on the study to downsize 76th Street raised the safety issue of the 76th Street bridge for pedestrians and bicyclists. Therefore, City staff is suggesting the submission of an ISTEA application to'build a pedestrian/bikeway bridge parallel and just to the north of the 76th Street bridge. It would be the City's intent to try to retain the new bridge at the time that the old 76th Street bridge is replaced, although MnDOT can not guarantee the pedestrian will not need to be replaced. Preliminary costs for the pedestrian/bike bridge are $600,000 with federal funds covering $400,000 and the City's Municipal State Aid funds (gas tax revenues) providing the remaining $200,000 in costs. Construction of either project may not occur until the year 2000 if federal funds are approved. Recommended Motion: Authorize the Mayor and City staff to submit two ISTEA applications for federal funds to build the proposed capital improvements. Basis of Recommendation: 1. The widening of the Lyndale Avenue bridge over I-494 and the addition of a second left turn lane will relieve traffic congestion and correct safety hazards in this heavily traveled section of Lyndale Avenue. 2. The Lyndale Avenue project is needed to promote further economic development on Lyndale Avenue and 77th Street. 3. The Lyndale Avenue project has the support of private businesses in both Richfield and Bloomington. The safety of the 76th Street bridge was raised by citizens as part of discussions on the proposed extension of the High Occupancy Vehicle Lane on I-35W. 4. The pedestrian/bikeway bridge over I-35W at 76th Street will provide a safe route for school children crossing I-35W, especially during winter months when the .existing sidewalk on the 76th Street bridge is difficult to maintain. • 5. The use of federal funds on these proposals will allow the City to spend its limited resources on other capital improvement projects. -a~ Alternative Recommendation: 1. .Authorize the submission of only one of the two proposed ISTEA applications for federal funding. Of the two, the widening of the Lyndale Avenue bridge and the addition of a double left turn lane on Lyndale Avenue at 77th Street is the City's higher priority project according to the Capital Improvement Program. 2. Do not authorize the submission of either application for federal ISTEA funds because the redevelopment plan for the Lyndale Gateway South area has not been finalized. However, the federal funding process involves considerable lag time before funds are released for a construction project... By the time the funds are approved the redevelopment plan should be completed. Discussion/Decision Mode: A decision is needed at the July 14 Council meeting to have the applications submitted by the July 28, 1997 deadline. Respectfully submitted, Jame .Prosser City Hager i JDP:cak • ~~ • CITY OF RICHFIELD, MINNESOTA Council Letter No. 172 Agenda July 14, 1997 Issue Statement: Resolution to provide directional signs indicating access to several 77th Street businesses as a one year demonstration project. Background: Representatives from Hampton Inn have approached, the City to request special consideration of the difficult access to their site at 77th and Lyndale. `The City Code 416.07 Subd. 2 (g) provides explicit. information for signs along the 77th Street Corridor. The ordinance allows off site directional signs on private property. At the June 2, 1997 Council Study Session, staff presented some alternative ways to address business access including the use of directional signs on 77th Street right of way. The signs could be a demonstration project for a term of one year. The businesses could pay rent to cover costs. If, after one year, the demonstration is a success, staff could approach Council to have the ordinance changed to allow similar signs along the 77th Street Corridor. A schematic drawing of a possible design of the sign is attached. Recommended Motion: Adopt the attached resolution to permit a one year demonstration project by the City for provision of directional signs on the 77th Street right of way to address business access in the vicinity of 77th Street and Lyndale Avenue. Basis of Recommendation: 1. The businesses in the vicinity of 77th Street and Lyndale Avenue have expressed concern about difficult access to their sites by the public. 2. The City is willing to work with the businesses to provide a reasonable and feasible approach to resolving the problem of public awareness of access to businesses in the 77th Street corridor. 3. At the June 2, 1997 Study Session, the City Council discussed possible approaches to resolving the concerns of the business community in the 77th Street corridor. Alternative Recommendation: 1. Do not authorize. the .City to provide a .directional sign demonstration project for businesses in the 77th Street corridor. However, the demonstration project was favorably discussed at the June 2, 1997 Study Session. 2. Direct the City staff to prepare an amendment of the sign ordinance. However, a one year demonstration period will allow time to consider effectiveness prior to initiating the process for an ordinance change. 3~°I Discussion/Decision Mode: This item is on the July 14, 1997 City Council agenda. Council may elect to delay action if additional information or consideration is needed. Staff will not begin the demonstration project without. authorization from the City Council. Respectfully submitted, Jame .Prosser City Manager JDP:cak • .' ~,, RESOLUTION NO. RESOLUTION AUTHORIZING ONE YEAR DEMONSTRATION PROJECT BY THE CITY OF RICHFIELD FOR PROVISION OF DIRECTIONAL SIGNS ON THE 77th STREET RIGHT-OF-WAY TO ADDRESS BUSINESS ACCESS IN THE VICINITY OF 77th STREET AND LYNDALE AVENUE WHEREAS, the businesses in the vicinity of 77th Street and Lyndale Avenue have expressed concern about difficult access to their sites by the public; and WHEREAS, the City is willing to work with the businesses to provide a reasonable and feasible approach to resolving the problem of public awareness of access to businesses in the 77th Street corridor; and WHEREAS, the City Council has discussed alternative ways to address business access including the use of directional signs on 77th Street right of way; and WHEREAS, the businesses have. indicated a willingness to pay a fee to cover costs of a sign demonstration project for a term of one year; and WHEREAS, the City Council has determined that such a one year demonstration project is reasonable for the City, its residents, its businesses and and their customers. NOW, THEREFORE, BE IT RESOLVED that the City Council hereby authorizes a one year demonstration project to provide business access directional signage in the 77th Street right of way in the vicinity of Lyndale Avenue; and BE IT FURTHER RESOLVED that the City staff is directed to initiate the one year demonstration project as soon as possible with the cooperation of the businesses participating in the demonstration project to afford the cost of said demonstration project; and BE IT FURTHER RESOLVED that following a period not to exceed one year the City Council may discontinue the demonstration project at any time if, in the Council's judgement, discontinuing the project is in the public interest. Adopted by the City Council of the City of Richfield, Minnesota this 14th day of July, 1997. Martin J. Kirsch, Mayor ATTEST: Thomas P. Ferber, City Clerk • ~' • • 3~ CITY OF RICHFIELD, MINNESOTA Council Letter No. 171 Agenda July 14, 1997 Issue Statement: Award the. contract 77th Street intersection improvements related to Meridian Crossings. Background: The proposed improvements are related to creating an intersection with signalization and storm sewer lead to the Meridian Crossings office tower. Meridian Crossings will reimburse the City for costs incurred. Bids were opened on June 25, 1997. Two bids were received. A copy of the bid minutes/tabulation is attached for review. The City's engineering consultant, WSB & Associates, Inc., has reviewed the bids .and confirmed the lowest responsible bid in keeping with State specifications is $260,366.50 as submitted by Shafer Contracting Company, Inc. The bid is above but reasonably close to the engineer's cost estimate of $251,950 for the contract. Recommended Motion: Accept the bid minutes/tabulation and award the 77th Street intersection improvements contract to the lowest responsible bidder, Shafer Contracting Company, Inc., for the amount of $260,366.50. Basis of Recommendation: 1. The bid submitted by Shafer Contracting Company, Inc.. was reviewed and considered complete. '• JDP:cak 2. Shafer Contracting Company, Inc. has satisfactorily performed major work associated with the 77th Street improvement project. 3. Cost of the work will be reimbursed to the City by Meridian Crossings. TOLD indicated they were impressed with how close the bid was to the estimate. Alternative Recommendation: 1. Reject all bids and rebid the project. However, rebidding would delay the project. 2. Award the contract to the second bidder. However, this bid was higher and would increase the cost to the City and to Meridian Crossings. Discussion/Decision Mode: The Council is encouraged to make a decision on July 14, 1997 to allow the contractor to begin the construction work as soon as possible. Respect Ily submitted, Ja D. Prosser Cit anager 3A-~ CITY OF RICHFIELD, MINNESOTA Bid Opening June 25, 1997 11:00 a.m. 77th Street Intersection Improvements_ S.A.P. 157-108-27 Project No. 1000.22 Pursuant to requirements of Resolution No. 1015, a meeting of the Administrative Staff was called by Thomas P. Ferber, City Clerk, who announced that the purpose of the meeting was to receive, open and read aloud, bids for 77th Street Intersection Improvements, as advertised in the official newspaper on June. 4, 1997. Present: Thomas Ferber, City Clerk Michael Eastling, Public Works Director Cheryl Krumholz, City Manager Representative Tom Foley, Transportation Engineer The following bids were submitted and read aloud: Vendor Bid Total Bid Amount Bond Shafer Contracting Co., Inc. 5% $260,366.50 Shafer, MN Bid Bond , Thomas & Sons Construction, Inc. 5% $281,558.25 Rogers, MN Bid Bond The City Clerk announced that the bids would be tabulated and considered at the July 14, 1997 City Council Meeting. Thomas P. Ferber City Clerk