9-22-97 agendaCITY OF RICHFIELD, MINNESOTA
MONDAY, SEPTEMBER 22, 1997
SPECIAL CITY COUNCIL MEETING
6:30 P.M.
HEREDIA ROOM
CALL TO ORDER
ROLL CALL
I. INTERVIEW OF PERSONS INTERESTED IN SERVING ON CITY'S
COMMISSIONS
ADJOURNMENT
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 REGULAR CITY COUNCIL MEETING OF
SEPTEMBER 8, 1997
PRESENTATION
1. PRESENTATION OF PROCLAMATION DESIGNATING SEPTEMBER 21-27, 1997
WOMEN OF TODAY WEEK IN RICHFIELD
2: PRESENTATION OF CERTIFICATE OF RECOGNITION TO CHURCH OF THE
ASSUMPTION
INDIVIDUALS WHO WISH TO ADDRESS THE COUNCIL ARE REQUESTED TO
PRINT THEIR NAME AND ADDRESS ON THE SPEAKER'S REGISTER FOR THE
RECORD.
3. OPPORTUNITY FOR CITIZENS TO ADDRESS THE COUNCIL ON ITEMS NOT
ON THE AGENDA
AGENDA APPROVAL
4. COUNCIL APPROVAL OF AGENDA
CONSENT CALENDAR
5. CONSENT CALENDAR CONTAINS SEVERAL SEPARATE ITEMS WHICH ARE
ACTED UPON BY THE CITY COUNCIL IN ONE MOTION. ONCE THE CONSENT
CALENDAR HAS BEEN APPROVED, THE INDIVIDUAL ITEMS AND
RECOMMENDED ACTIONS HAVE ALSO BEEN APPROVED. NO FURTHER
COUNCIL ACTION IS NECESSARY. HOWEVER, ANY COUNCIL MEMBER MAY
REQUEST THAT AN ITEM BE REMOVED FROM THE CONSENT CALENDAR
AND PLACED ON THE REGULAR AGENDA FOR COUNCIL DISCUSSION AND
ACTION. ALL ITEMS LISTED ON THE CONSENT CALENDAR ARE
RECOMMENDED FOR APPROVAL.
A. CONSIDERATION OF APPROVAL OF RESOLUTION CERTIFYING
DELINQUENT CITY WATER, SEWER, STORM WATER ACCOUNTS TO
COUNTY AUDITOR .C.L. 242
B. CONSIDERATION OF APPROVAL OF RESOLUTION GRANTING TWO-YEAR
EXTENSION FROM OCTOBER 1, 1997 THROUGH SEPTEMBER 30, 1999 TO
i MORROW AUTO SPECIALTY, INC. FOR TOWING, IMPOUNDING AND
STORAGE OF VEHICLES FOR CITY OF RICHFIELD C.L. 243
C. CONSIDERATION OF APPROVAL OF STATE ISSUANCE OF CURRENCY
EXCHANGE LICENSE FOR THE MONEY STORE, 6525 NICOLLET AVENUE
C.L. 244
D. CONSIDERATION OF APPROVAL OF ITINERANT PLACE OF AMUSEMENT
LICENSE AND FEE WAIVER FOR 1997 FALL FESTIVAL AT CHURCH OF ST.
PETER ON OCTOBER 4 AND 5, 1997 C.L. 245
PUBLIC HEARINGS
6. PUBLIC HEARING AND CONSIDERATION OF RESOLUTION APPROVING
CONDITIONAL USE PERMIT TO ALLOW CONSTRUCTION OF FOUR-BAY.
PUBLIC MECHANICAL GARAGE AT 6724 PENN AVENUE
COUNCIL LETTER NO. 246
7. PUBLIC HEARING AND SECOND READING OF TRANSITORY ORDINANCE
PROVIDING FUNDING FOR CERTAIN CAPITAL IMPROVEMENTS FROM
SPECIAL REVENUE FUND
COUNCIL LETTER NO. 247
PROPOSED ORDINANCES
8: CONSIDERATION OF FIRST READING OF ORDINANCE AMENDMENT TO
STREETS, ALLEYS AND PUBLIC GROUNDS SECTION OF RICHFIELD CITY
CODE RELATING TO SNOW AND ICE
COUNCIL LETTER NO. 248
9. CONSIDERATION OF RESOLUTION AND FIRST READING OF INTERIM
ORDINANCE AUTHORIZING STUDY TO BE CONDUCTED AND MORATORIUM
IMPOSED ON DEVELOPMENT OF PROPERTY ALONG I-494 FROM PLEASANT
AVENUE TO CEDAR AVENUE
COUNCIL LETTER NO. 249
ADMINISTRATIVE .REPORTS AND OTHER BUSINESS
10. CONSIDERATION OF YOUTH APPOINTMENTS TO ADVISORY BOARD OF
HEALTH, HUMAN RIGHTS COMMISSION AND FRIENDSHIP CITY COMMISSION
COUNCIL LETTER NO.
AIRPORT BUSINESS
11. AIRPORT STATUS REPORT
CORRESPONDENCE
12. LEGISLATIVE REPORT
COUNCIL CHOICE
13. COUNCIL DISCUSSION ITEMS
14. CLAIMS AND PAYROLLS
15. ADJOURNMENT
Auxiliary aids for individuals with disabilities are available upon request.
Requests must be made at least 96 hours in advance to the Administrative
Services Director at 861-9702.
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CITY OF RICHFIELD, MINNESOTA
Council Letter No. 250
Agenda September 22, 1997
Issue Statement:
Consideration of youth appointments to the Advisory Board of Health, Human Rights
Commission and Friendship City Commission.
Background:
The Advisory Board of Health, Human Rights Commission and Friendship City
Commission each have youth vacancies. Persons interested in serving on the
commission were interviewed September 22, 1997 at a Special City Council meeting.
Appointments are effective immediately and expire on May 31, 1998.
Recommended Motion:
Appoint youth members to serve on the Advisory Board of Health, Human Rights
Commission and Friendship City Commission.
Basis of Recommendation:
1. In order to ensure a quorum for future meetings, youth appointments to the
commissions should be made at this time.
Alternative Recommendation:
1. Defer the youth appointments to a later Council meeting.
Discussion/Decision Mode:
This item is placed on the September 22, 1997 agenda for Council consideration.
Respectfully submitted,
James rosser
City Manager
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CITY OF RICHFIELD, MINNESOTA
Council Letter No. 249
Agenda September 22, 1997
Issue Statement:
Consideration of a resolution and first reading of an interim ordinance which authorizes
a study to be conducted and a moratorium to be imposed on the development of
property along 1-494 from Pleasant Avenue to Cedar Avenue.
Background:
On August 26, 1997 the City Council adopted the City's Comprehensive Plan Update.
The Comprehensive Plan provides a vision for the future development of the City.
Following adoption of the Plan, the City had planned to review its Zoning Ordinance to
determine that it is consistent with the Comprehensive Plan, as required by state
statute. .
Recently, City staff received a request for preliminary review and feedback of a
proposed warehouse development at Pillsbury Avenue and I-494. The proposal for a
storage/warehouse building is inconsistent with the goals of the City's Comprehensive
Plan to promote more intensely developed, higher quality regional. commercial and
office uses along the City's freeways. -The subject property is, however, currently zoned
industrial, and a warehouse is a permitted use in an industrial district.
• Several properties along I-494 are currently zoned industrial, meanin that man
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properties along the freeway could be developed in a manner inconsistent with the
City's Comprehensive Plan. A study of all zoning along the freeway from Pleasant
Avenue to Cedar Avenue should be undertaken to determine whether or not the zoning
currently in place is such that it promotes the goals of the Comprehensive Plan.
The moratorium would prevent most new building activities in the subject area. It would
not prevent routine maintenance activity nor would it prevent the sale of property.
Recommended Motion:
1. Adopt a resolution authorizing a study to be conducted pertaining to zoning along
-494, impose a moratorium on development of property between 77th Street and
I-494 and from Pleasant Avenue to Cedar Avenue; and
2. Approve first reading of an interim ordinance authorizing a study on zoning along
I-494 and imposing a moratorium on development of property between 77th
Street and I-494 and from Pleasant Avenue to Cedar Avenue until September 22,
1998 and schedule a public hearing and second reading of the interim ordinance
for October 27, 1997.
• 3. Direct the Planning Commission to undertake the study and prepare a
recommendation to the City Council
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Basis of Recommendation:
1. The Comprehensive Plan provides a vision for the City to guide future land use
decisions. When redevelopment occurs, it should be consistent with the goals
and objectives found in the City's Comprehensive Plan.
2. The Zoning Ordinance is one of the tools the City uses to help accomplish the
goals of the Comprehensive Plan. A review of the ordinance to make sure that it
is consistent with the Comprehensive Plan is appropriate at this time.
3. Conducting a study and providing a 12 month moratorium while the study is
conducted is a reasonable response.
4. The City's zoning and Zoning Ordinance do not adequately address the
development of property along I-494 in a manner consistent with the goals of the
Comprehensive Plan.
5. The moratorium period will extend from September 22, 1997 to September 22,
1998 and will be used to complete the following tasks:
• Gather Data 3 months
• Review and Analyze Information 2 months
• • Test Potential Ordinance Changes/Solicit Input 2 months
• Draft Ordinance Amendment 2 months
• City Council Adoption of Ordinance 2 1/2 months
The Planning Commission will provide the City Council with a regular update on its
progress to ensure that the study is proceeding in a timely manner.
6. A letter was sent to all property owners informing them of the moratorium.
7. A two-step process has been developed to responsibly control development along
I-494 during the study period:
a resolution covers the period of September 22, 1997 to December 5, 1997;
and
an ordinance covers the period after December 5, 1997.
Alternative Recommendation:
1. The City Council may decide to authorize a moratorium for a shorter period of
time.
2. The City Council may decide not to authorize a study and moratorium.
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Discussion/Decision Mode:
This matter is presented for action at the City Council meeting of September 22, 1997.
First reading of the interim ordinance is set for September 22, 1997. If approved, a
public hearing and second reading will be scheduled on October 27, 1997. An
ordinance becomes effective December 5, 1997 if approved on October 27, 1997.
Respectful) submitted,
Jame .Prosser
City Manager
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• RESOLUTION NO.
RESOLUTION AUTHORIZING A STUDY TO BE CONDUCTED PERTAINING TO
USES OF LAND IN AN AREA ADJACENT TO MAJOR HIGHWAYS AND PLACING A
MORATORIUM ON SUCH USES
and
WHEREAS, the City of Richfield has recently modified its comprehensive plan;
WHEREAS, the modification, among other things, provides for the
encouragement of office use along the entire I-494 corridor; and
WHEREAS, the modification calls for an emphasis on industrial uses of land east
of Cedar Avenue and the conversion of existing industrial uses elsewhere to uses of a
more commercial nature; and
WHEREAS, the modification. calls for the development of properties along the
newly upgraded 77th Street corridor for commercial purposes; and
WHEREAS, the City is desirous of conducting studies to determine the most
desirable and appropriate measures to modify its official controls in order to implement
the provision of its modified comprehensive plans within an area of the City which is
• bounded by Pleasant Avenue, Cedar Avenue, 77th Street and I-494 ("Study Area"); and
WHEREAS, the City is concerned that continued development along existing
zoning patterns may frustrate implementation efforts and be detrimental to the best
interest of the public; and
WHEREAS, the City deems it desirable to place a moratorium on the
development within the Study Area until the study has been completed and
amendments to the zoning ordinance are adopted.
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of
Richfield as follows:
1. The City staff is directed to conduct a study to determine the appropriate
land use regulations to be placed upon land lying within the Study Area. The scope of
the study would include whether existing or new zoning classifications should be
established in the Study Area, what uses should be permitted and what uses should be
conditional and the standards for each, and whether any design or performance
standards should be applicable to developments within the Study Area.
2. Upon completion of the study, the matter is to be considered by the
• Planning Commission for its review and recommendation to the City Council.
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3. A moratorium on the development or redevelopment of land within the
Study Area is hereby adopted pending completion of the study and the adoption of any
amendments to the City's zoning regulations. Except as provided below, no building
permit may be issued, nor may any rezoning, platting, replatting or land divisions or
consolidations be granted by the City within the Study Area during the moratorium
period. The moratorium period created under this resolution shall expire 12 months
from the date hereof or at such earlier date as may be further determined by the City
Council. The moratorium period may be extended for a reasonable time, as may be
necessary to complete the study and adopt the necessary amendments to the City's
zoning regulations.
4. 'The moratorium shall not be applicable to the issuance of building permits
which:
(a) are necessary to repair existing structures, or
(b) involve the remodeling or improvement of existing structures which
do not result in a change of use and which involve construction
work of not more than $25,000.00
5. This resolution is effective immediately upon its adoption.
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Martin J. Kirsch, Mayor
ATTEST:
Thomas P. Ferber, City Clerk
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ORDINANCE NO.
AN INTERIM ORDINANCE. DIRECTING THAT A STUDY BE
CONDUCTED AND RESTRICTING CERTAIN. ACTIVITIES WITHIN THE
STUDY AREA
THE CITY OF RICHFIELD DOES ORDAIN:
Section 1. Back rg ound.
1.01. The City of Richfield regulates land use activities through its official controls
which include the City's ,comprehensive plan, zoning regulations and subdivision
regulations.
1.02. The City has recently modified .its comprehensive municipal plan. The
modifications include a recognition of the need to reconsider the zoning pattern for
properties lying between Pleasant Avenue on the West, Cedar Avenue on the East, 77th
Street on the North and I-494 on the South ("Study Area").
• 1.03. There exists a number of significant planning and land use issues pertaining to the
protection of the public health, safety and general welfare, including, without limitation,
whether existing or new zoning classifications should be established in the Study Area,
what uses should be permitted and what was should conditioned, and the standards for
each, .and whether any design or performance standards should be applicable to
development within the .Study Area.
1.04. Minnesota Statutes, Section 462.355 Subd. 4 allows the City to adopt an interim
ordinance for the purpose of protecting the planning process and the health, safety and
welfare of its citizens.
Section 2. Findings.
2.01.. The City Council finds that it is necessary to conduct studies to determine if there
is a need to amend City's official controls relating to the Study Area described in Section
1.02. above, and if so, to adopt the appropriate amendments.
2.02. The City Council finds that there is a need to adopt an interim ordinance for the
purpose of protecting the planning process and the health, safety and welfare of its
citizens regarding such matters.
JBD130352
RC160-1
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Section 3. Planning and Zoning Study: Moratorium.
3.01. A study is authorized to be conducted by City staff to determine whether the
City's official controls need to be modified as they relate to the Study Area described in
Section 1.02. above.
3.02. Pending completion of the study and adoption of any amendments to the City's
official controls, it shall be .unlawful, except as provided herein, for any person to
establish, expand, or rebuild any Property located within the Study Area; and except as
provided .herein, no building permit may issue, nor may any rezonings, plattings or
replattings or land divisions or combinations be granted by the City within the Study
Area.
3.03. Upon application to the City Council, and the showing of an undue hardship, the
City Council may grant -such waivers to the provisions of this ordinance, and upon such
conditions as the City Council shall, in its sole judgment deem appropriate.
3.04. The Moritorimum shall not be applicable to the issuance of building permits
which:
a. are necessary, to repair existing structures, or
b. involved the remodeling or improvement on existing structures which do
not result in a change or use and which involve construction work of not
more than $25,000.00
Section 5. Enforcement. The City may. enforce any provisions of this ordinance by
mandamus, injunction or other appropriate civil remedy in any court of competent jurisdiction.
Section 6. Term. Unless earlier terminated by action of the City Council. this ordinance shall
be effective for nine months from .its effective date, and may be further extended for such
additional periods as the City Council may deem appropriate, not exceeding a total additional
period of 18 months.
• JBD130352
RC160-1
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Section 7. Resolution Repealed.
Resolution No. is repealed upon the. effective date of this ordinance.
Passed by the City Council this day of , 1997.
Martin J. Kirsch, Mayor
ATTEST:
T omas P. Fer er, Crty er
(SEAL)
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JBD130352
RC160-1
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CITY OF RICHFIELD, MINNESOTA
Council Letter No. 248
Agenda September 22, 1997
Issue Statement:
First reading of an amendment to the "Streets, Alleys and Public~Grounds" of the
Municipal Code of Ordinances relating to "Snow and Ice".
Background:
The winter of 1996-97 brought an estimated 85 inches of snow to Minnesota. Staff
received many complaints from residents about private snow removal companies
moving snow onto boulevards from private driveways, creating sight hazards, as well as
making it more difficult for the victim to perform spring clean-up after the snow season
ended. The current ordinance does not prohibit shoveling or plowing snow and ice from
one private property onto a neighbor's boulevard. The existing ordinance was written
with the idea of prohibiting private residents from shoveling snow into streets, alleys,
sidewalks or public parking lots. The proposed change adds boulevards (other than the
boulevards adjacent to the plowed property) to the list.
After each complaint, City staff have been making attempts to speak to either the
homeowner or the contracted snow remover to stop plowing snow across the street
onto the boulevard of their neighbors. While some of the contracted snow removal
• contractors did stop this practice, others did not.
Recommended Motion:
Approve the first reading of an amendment to Subsection 830.41 of the Richfield City
Code.
Basis of Recommendation:
1. The amendment does not now include prohibiting snow storage on another's
boulevard.
2. The amendment will give the City more control over private snow removal
contractors who work in the City.
3. The amendment will provide protection for homeowners.
Alternative Recommendation:
1. The City Council could decide not to adopt this amendment.
2. The City Council could further modify the amendment.
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Discussion/Decision Mode:
The first reading of the ordinance amendment is scheduled for the September 22, 1997
council meeting. A public hearing and second reading will be held October 27, 1997 if
the Council approves the first reading of the ordinance amendment.
Respectfully submitted,
Jam .Prosser
City anager
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ORDINANCE NO.
AN ORDINANCE RELATING TO SNOW
AND ICE; AMENDING SUBSECTION 830.41
OF THE RICHFIELD CITY CODE
THE CITY OF RICHFIELD DOES ORDAIN:
Section 1. Subsection 830.41 of the Richfield City Code is amended to read as
follows:
830.41 Snow and ice. No owner or person in control of private
property may shovel, plow or cast or permit to be shoveled, plowed
or cast snow or ice from such private property onto a public street,
alley, sidewalk, boulevard or public parking lot. This subsection does not
prohibit an owner or person from removing snow or ice from a private
driveway or walkway and depositing the snow or ice on the portion of the
boulevard immediately adjacent to such private property.
Adopted this day of , 1997.
Martin J. Kirsch, Mayor
ATTEST:
Thomas P. Ferber, City Clerk
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CITY OF RICHFIELD, MINNESOTA
Council Letter No. 247
Agenda September 22, 1997
Issue Statement:
Public hearing and second reading of a transitory ordinance providing funding for
certain capital improvements from the Special Revenue Fund.
Background:
City Charter Section 7.12, Subd. 2 requires that Special Revenue Funds used for
capital improvements must be authorized by ordinance
At the December 9, 1996 City Council meeting, the City Council authorized $525,000 of
Special Revenue Funds for the improvements to several City parks in 1997. In
addition, the 1997 Capital Improvement Budget provides for expenditure for all types of
funds contained in the budget document including county funds,. municipal state aid,
user fees, federal grants and state grants, however, authorization by ordinance is not
required for these expenditures.
While the total 1997 Capital Improvements Budget (CIB) includes total budgeted
expenditures of $9,506,436 the portion of CIB concerning proposed funding from the
Special Revenue fund is $500,000 as shown below:
Sheridan Park
Wood Lake Bridges/Docks
Ice Arena Lockerrooms
Ice Arena Lockerrooms'
$ 400,000
$ 89, 500
$ 10,500
$ 110, 000
A transitory ordinance is necessary to finalize these appropriations pursuant to City
Charter.
This amount is a carryover from the 1996 transitory ordinance. The original ordinance
approved by the City Council stated that this $110,000 was budgeted fora 100 car
parking lot at Veterans Memorial Park. However, the City Council reallocated those
funds to be used for the Ice Arena lockerroom improvement.
First reading of the ordinance was approved September 8,1997 and a notice of public
hearing was published on September 10, 1997.
Recommended Motion:
Conduct the public hearing and approve second reading of the transitory ordinance
providing for the expenditure of funds from the Special Revenue Fund for certain capital
improvements.
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• Basis for Recommendation:
1. On December 9, 1996, the City Council approved the 1997 Capital Improvement
Budget, which includes an expenditure of $500,000 of Special Revenue Funds for
improvements to several City parks.
2. On September 8, 1997 first reading of the transitory ordinance was approved.
3. Under Section 3.09 of the City Charter, a transitory ordinance becomes effective
30 days after publication of the second hearing notice. This needs to be
completed promptly so payments can be made for projects authorized.
Alternative Recommendation:
1. The City Council could defer or continue the public hearing and second reading of
the transitory ordinance to a future City Council meeting.
2. The City Council could decide to authorize none or only a portion of the
expenditures identified from special revenue in the CIB.
Discussion/Decision Mode:
In order to proceed with transfer of Special Revenue Funds on a timely basis, second
reading approval of this transitory ordinance would be desirable on September 22,
• 1997.
Respectfully submitted,
Ja s D. Prosser
City Manager
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• BILL NO.
TRANSITORY ORDINANCE NO.
AN ORDINANCE PROVIDING FOR THE EXPENDITURE OF MONEY FROM
THE SPECIAL REVENUE FUND FOR CERTAIN CAPITAL IMPROVEMENTS
CITY OF RICHFIELD DOES ORDAIN:
Section 1: It is found and determined to be necessary and expedient for the City to
expend money from the Special Revenue Fund for the making of capital improvements
listed in Section 2 hereof, for which the City would be authorized to issue general
obligation bonds.
Section 2: The capital improvements and amounts of expenditures for such
improvements which are authorized to be paid from the Special Revenue Fund under
Section 7.12, Subdivision 2 of the City Charter, are as follows:
Sheridan Park
Wood Lake Bridges/Docks
Ice Arena Lockerrooms
Ice Arena Lockerrooms ~
$ 400,000
$ 89,500
$ 10,500
$ 110, 000
• ~ This amount is a carryover from the 1996 transitory ordinance. The original ordinance
approved by the City Council stated that this $110,000 was budgeted fora 100 car
parking lot at Veterans Memorial Park. However, the City Council reallocated those
funds to be used for the Ice Arena lockerroom improvement.
Section 3: The expenditures herein authorized shall be made pursuant to such
contracts as are authorized from time to time by Council action.
Passed by the City Council of the City of Richfield this 22nd day of September, 1997.
Martin J. Kirsch, Mayor
ATTEST:
Thomas P. Ferber, City Clerk
CITY OF RICHFIELD, MINNESOTA
Council Letter No. 246
Agenda September 22, 1997
Issue Statement:
Public hearing regarding a request for a conditional use permit to allow construction of
a four-bay public mechanical garage at 6724 Penn Avenue.
Background:
The applicant, South Penn Auto Care, is proposing to construct a 3,120 square foot
automotive garage with four service bays. Twelve parking spaces would be provided.
The bay doors would be oriented to the south property line, facing away from Penn
Avenue. The building would beset back 23 feet from the east property line, consistent
with the setbacks of buildings located on adjacent properties. The Hearing Examiner
granted a variance for the reduced front setback.
A shared access between the property and the adjacent Fireside Pizza property would
be included to allow for better traffic circulation for both properties. The access could
also allow for some shared parking during the off hours for either business.
A required 15 foot buffer is provided along the west property line to screen the use for
S the adjacent residential property. A six foot tall fence and landscaping will be provided
in the buffer area.
The proposed building design is consistent with the design guidelines for the Penn
Avenue and Sixty-Sixth Street (PASSS) area. The proposed building orientation and
design minimizes the appearance of the bay doors and provides a retail image on Penn
Avenue. At the direction of the Planning Commission, the applicant has agreed to
explore installing a monument sign instead of a pedestal sign.
Recommended Motion:
Approve the conditional use permit to allow construction of a four-bay public mechanical
garage at 6724 Penn Avenue with the following stipulations:
That a cash escrow or letter of credit be submitted for the cost of the landscaping.
2. That a sediment and erosion and control plan be approved by the Public Works
Director.
3. That a stormwater management plan be approved by the Public Works Director.
4. That the fence design be consistent with .PASSS guidelines and subject to
approval by the Community Development Director.
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5. That signage be in conformance with PASSS guidelines as approved by the
Community Development Director and that installation of a monument sign be
explored.
6. That a cross access/shared parking agreement with the property to the south be
developed and recorded on the property titles.
7. 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 building design and exterior materials meet the guidelines of the PASSS
design district.
2. Parking is being provided in accordance with City parking standards.
3. A 15 foot buffer yard with fencing and landscaping will provide screening for the
adjacent residential use.
4. Notice of the hearing was published in the Sun-Current and mailed to property
owners within 350 feet of the subject property.
5. On September 10, 1997. the Hearing Examiner approved a front setback variance
6. On August 26, 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, September 22, 1997. The
hearing will be held in the City Council Chambers of Richfield City Hall, 6700 Portland
Avenue.
Respectfully submitted,
Jame D. Prosser
City Manager
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RESOLUTION NO.
RESOLUTION FOR APPROVING A CONDITIONAL USE PERMIT
6724 PENN AVENUE
WHEREAS, an application has been filed with the City of Richfield which
requests approval of a conditional use permit for a public mechanical garage on land
generally located at 6724 Penn Avenue South, legally described as:
Lots 7 and 8, Block 16, Tingdale Brothers Lincoln Hills Addition, Hennepin
County, Minnesota.
WHEREAS, the City has fully considered the request for approval of the
conditional use permit.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the, City of
Richfield, Minnesota, as follows:
1. A conditional use permit is issued for a public mechanical garage as
described in City Council Letter No. , on the Subject Property legally
described above.
2. The conditional use permit is subject to completing the following
conditions:
• That a cash escrow or letter of credit be submitted for the cost of the
landscaping.
• That a sediment and erosion control plan be approved by the Public
Works Director.
• That a stormwater management plan be approved by the Public Works
Director.
• .That the fence design be consistent with PASSS guidelines and
subject to approval by the Community Development Director.
• That signage be in conformance with PASSS guidelines as approved
by the Community Development Director and that a monument sign be
considered if free standing signage is used.
• That a cross access/shared parking agreement with the property to the
south be developed and recorded on the property titles.
• That this resolution be recorded with the County, pursuant to
Minnesota statutes section 462.36, subdivision 1.
• Additional conditions as required by the Zoning Ordinance, Section
526.27, subd. 16.
3. The conditional use permit shall remain in effect for so long as conditions
regulating it are observed, and the-conditional use permit shall expire if
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• normal operation of the use has been discontinued for 12 or more months,
as required by the Zoning Ordinance, Section 546.05, Subd. 9.
Adopted by the City Council of the City of Richfield, Minnesota this 22nd day of
September, 1997.
Martin J. Kirsch, Mayor
ATTEST:
Thomas P. Ferber, City Clerk
•
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CITY OF RICHFIELD, MINNESOTA
Council Letter No. 245
Agenda September 22, 1997
Issue Statement:
Request by the Church of St. Peter for an itinerant place of amusement license and fee
waiver for the 1997 Fall Festival to be held October 4 and 5, 1997.
Background:
On August 29, the Church of St. Peter submitted a request for an itinerant place of
amusement license for October 4 and 5, 1997. They are requesting that the fee be
waived.
Recommended Motion:
Approve the license with fee waived for October 4 and 5, 1997 for St. Peter's 1997 Fall
Festival .
Basis of Recommendation:
1. The applicant has complied with the City codes pertaining to this license.
2. The City has previously issued this license in conjunction with the St. Peter Fall
Festival
• Alternative Recommendation:
1. The Council could decide to deny the request. The Public Safety Department has
not found any basis for a denial. In addition, the Council has previously granted
this license in conjunction with the St. Peter Fall Festival.
Discussion/Decision Mode:
The request by the Church of St. Peter for an itinerant place of amusement license for
the 1997 Fall Festival to be held October 4 and 5, 1997 is presented for Council
consideration at this time.
Respectfully submitted,
James .Prosser
City Manager
JDP:cak
•
~C
CITY OF RICHFIELD, MINNESOTA
Council Letter No.244
Agenda September 22, -1997
Issue Statement:
Request from the State of Minnesota to review the request for a renewal of a currency
exchange license for The Money Center, 6525 Nicollet Avenue.
Background:
On September 4, 1997, the City received notification from the State of Minnesota,
Department of Commerce, of a renewal application for a currency exchange license in
the name of The Money Store, 6525 Nicollet Avenue.
A license for this type of business is not required in the City. However, effective on
April 24, 1992, Minnesota Statute 53A.04 requires that the Department of Commerce
submit any application for licensure as a currency exchange to the governing body of
the municipality in which the business proposes to conduct business.
This law also requires the governing municipality to render a decision regarding
issuance or denial of the license within 60 days of the receipt of the State's notification.
The State requires that the applicant submit the following information when applying for
• this type of license:
• License fees in the amount of $50.
• A current fee schedule used for cashing checks, money orders or traveler's checks.
• A surety bond in the amount of $10,000.
• Any owner, partner, officer, director, stockholder (owning 10% of more of the
corporate stock), or any employee with the authority to exercise management or
policy control over the company must submit to a background investigation by the
Bureau of Criminal Apprehension.
All of this information has been provided to the State of Minnesota, and a background
investigation conducted by the Bureau of Criminal Apprehension found no information
on the applicants, Cary D. Geller and Richard P. Krietzman. Cary Geller resides in
Edina, and Richard Krietzman resides in Minneapolis.
Richfield Public Safety Department has conducted a background investigation on the
applicants. There were eight Public Safety contacts with this establishment from
September 1, 1996 through August 30, 1997. They were related to false alarms, forged
checks, and one theft.
Recommended Motion:
Staff recommends that the Council approve State issuance of a currency exchange
license for The Money Store, 6525 Nicollet Avenue.
~e~
Basis of Recommendation:
1. The applicant has complied with State Statute 53A.04 for a currency exchange
license with the State of Minnesota.
2. A background investigation of the applicants finds no reason to recommend denial
of the license.
Alternative Recommendation:
1. The Council could deny the license request; however, staff has determined that
there is no basis for this alternative.
Discussion/Decision Mode:
Approval of the issuance of a currency exchange license by the State of Minnesota for
The Money Store, 6525 Nicollet Avenue, is submitted for City Council consideration at
this time.
Respectfully submitted,
Jame .Prosser
• City Manager
JDP:cak
•
~~//
CITY Of RICHFIELD, MINNESOTA
Council Letter No. 243
Agenda September 22, 1997
Issue Statement:
Council approval of a resolution to extend atwo-year contract with Morrow Auto
Specialty, Inc. to provide the towing, impounding, and storage of vehicles for the City of
Richfield.
Background:
In July 1995, Morrow Auto Specialty, Inc. was awarded atwo-year contract to provide
the towing, impounding and storage of vehicles for the City of Richfield. The contract
period is from October 1, 1995 through September 30, 1997. The contract provides for
the extension of the contract on a bi-yearly basis upon mutual agreement between-both
parties. Morrow's has requested the extension, and City staff is satisfied with the
service of Morrow's and would agree to the extension.
Recommended Motion:
Approve the resolution to grant atwo-year extension of the contract for the period of
October 1, 1997 through September 30, 1999 to Morrow Auto Specialty, Inc.
Basis of Recommendation:
• Morrow Auto Specialty has the necessary facilities and equipment to satisfactorily
handle the towing, impounding and storage of motor vehicles for the City.
Morrow Auto Specialty's facilities are located within the City of Richfield.
Morrow's wishes to extend the contract, and City staff is agreeable to the extension.
Alternative Recommendation:
Deny the extension and re-bid the contract.
Discussion/Decision Mode:
Morrow's is a local business that performed well and satisfied all conditions of the
contract during the prior two years.
Respectfully submitted,
Jame D. Prosser
City Manager
JDP:cak
CJ
5~-/
RESOLUTION NO.
RESOLUTION TO EXTEND THE CONTRACT WITH
MORROW AUTO SPECIALITY, INC.
FOR TOWING, IMPOUNDING AND STORAGE OF VEHICLES
WHEREAS, Morrow Auto Specialty, Inc. was awarded a contract to provide
towing, impounding and storage of vehicles for the City for the period of October 1,
1995 through September 30,.1997; and
WHEREAS, the contract provides that the contract may be extended on a bi-
yearly basis upon mutual agreement between both parties; and
WHEREAS, Morrow Auto Specialty, Inc., has made application for extension in
writing.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Richfield, Minnesota as follows:
That the extension of the contract with Morrow Auto Specialty, Inc., for the towing,
impounding and storage of vehicles is hereby approved for the period October 1, 1997
through September 30, 1999.
Adopted b the Cit Council of the Cit of Richfield, Minnesota this 22"d da of
Y Y Y Y
September, 1997.
Martin J. Kirsch, Mayor
ATTEST:
Thomas P. Ferber, City Clerk
•
~A
CITY OF RICHFIELD, MINNESOTA
Council Letter No. 242
Agenda September 22, 1997
Issue Statement•
Resolution certifying delinquent City utility (water, sewer, storm water) accounts to the
County Auditor.
Background:
Chapter VII of the Richfield Ordinance Code provides that unpaid City utility charges
may be certified to the County Auditor to be included in a property owner's annual
property tax bill. The Ordinance Code also authorizes $25 certification fee to be
charged against each delinquent account. By certifying the delinquent charges to the
property taxes for the delinquent properties, the City is assured of ultimately collecting
the delinquent charges.
In 1996, the City Council certified $188,716.25 for 568 properties, an average of
$332.00 per account. The 1997 certification currently under consideration totals
$205,850.07 for 519 properties, an average of $396.63 per account. Any payments
received between September 12 and September 22, 1997 will reduce the proposed
certified amount.
Property owners owing utility charges were notified the first week of August that failure
to pay the amount owed would result in certification to the property owners' taxes, on
said properties.
Recommended Motion:
Adopt the resolution certifying unpaid City utility charges to the County Auditor to be
collected with other taxes on said properties.
Basis of Recommendation:
1. State Statute and City Ordinance provide that delinquent utility charges may be
collected in this .manner.
2. The delinquent accounts must be certified to the County Auditor in order for the
City to collect the charges through the property tax process.
Alternative Recommendation:
1. Do not approve the resolution. However, the certification process is the only
process the City has used to collect these delinquent charges.
2. Council may establish a utility "shut-off' policy for delinquent accounts.
Discussion/Decision Mode:
This matter has been placed on the September 22, 1997 City Council agenda to allow
sufficient time for the charges to be certified to the County Auditor.
Respectf Ily submitted,
Jame D. Prosser
City .Manager
JDP:cak
RESOLUTION NO. ~~--
RESOLUTION CERTIFYING UNPAID WATER, SEWER, AND STORM WATER
CHARGES TO THE COUNTY AUDITOR TO BE COLLECTED WITH
OTHER TAXES ON SAID PROPERTIES
WHEREAS, Ordinance Code 715 establishes rules, rates and charges for water
services in the City of Richfield; and
WHEREAS, Minnesota Statutes 444.075 provides that all delinquent water
service charges not paid may be certified to the County Auditor and shall be collected
with other taxes on such property; and
WHEREAS, Ordinance Code 705 established rules, rates and charges for
sanitary sewer service in the City of Richfield; and
WHEREAS, 705.19 thereof provides that all sewer services charges not paid
within 15 days after the quarterly due date may be certified to the County Auditor with
taxes against such property, and shall be collected with other taxes on such property;
and
WHEREAS, Ordinance Code 720 established rules, rates and charges for storm
water service in the City of Richfield; and
WHEREAS, 705.19 thereof provides that all storm water services charges not
paid may be certified to the County Auditor with taxes against such property, and shall
be collected with other taxes on such property; and
WHEREAS, an assessment roll has been prepared specifying the amount which
shall be certified against each particular property.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Richfield, Minnesota that:
1. There is hereby determined to be a total uncollected amount for water, sanitary
sewer and storm sewer service of $192,875.07.
2. That a $25.00 certification charge shall be levied against each delinquent account;
such charges totaling $12,975.00.
3. That the above described assessment be spread over a period of one year at the
rate of 8% per annum.
4. That such amount be hereby certified to the County Auditor for collection with other
taxes on said properties.
5. That a copy of the resolution shall be sent to the Hennepin County Auditor.
Passed by the City Council of the City of Richfield,- Minnesota this 22nd day of
September, 1997.
ATTEST:
Thomas P. Ferber, City Clerk
Martin J. Kirsch, Mayor