Loading...
9-23-96agendaCITY OF RICHFIELD, MINNESOTA MONDAY, SEPTEMBER 23, 1996 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 9, 1996 PRESENTATIONS 1. PRESENTATION OF PROCLAMATION DESIGNATING WOMEN OF TODAY WEEK SEPTEMBER 22-28,1996 2. OPPORTUNITY FOR CITIZENS TO ADDRESS THE COUNCIL ON ITEMS NOT ON THE AGENDA AGENDA APPROVAL 3. COUNCIL APPROVAL OF AGENDA CONSENT CALENDAR 4. 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 APPOINTING ADDITIONAL let ELECTION JUDGES FOR NOVEMBER 5, 1996 GENERAL ELECTION C.L. 295 B. CONSIDERATION OF APPROVAL OF REQUEST FOR SUBDIVISION WAIVER AT 7001 SHERIDAN AVENUE TO CREATE TWO BUILDABLE LOTS C.L. 296 C. CONSIDERATION OF APPROVAL OF REQUEST FOR SUBDIVISION WAIVER AT 7301 HUMBOLDT AVENUE TO ALLOW SPLITTING PARCEL INTO TWO LOTS C.L. 297 D. CONSIDERATION OF APPROVAL OF REQUEST FOR AMENDED OFF-STREET PARKING PERMIT TO ALLOW BUILDING EXPANSION AT 6511 CEDAR AVENUE C.L. 298 E. CONSIDERATION OF APPROVAL OF REQUEST FROM STATE OF MINNESOTA TO REVIEW REQUEST FOR RENEWAL OF CURRENCY EXCHANGE LICENSE FOR CHECK EXPRESS MINNESOTA, 6525 NICOLLET AVENUE C.L. 299 PUBLIC HEARINGS 5. PUBLIC HEARING AND CONSIDERATION OF RESOLUTION SPECIALLY ASSESSING 77TH STREET PROJECT AREA FOR CURRENT MAINTENANCE SERVICES FOR JANUARY 1 THROUGH DECEMBER 31,1997; PROPOSED CITY PROJECT NO. 922 (CONTINUED FROM AUGUST 26, 1996) COUNCIL LETTER NO. 300 6. PUBLIC HEARING AND CONSIDERATION OF RESOLUTION ADOPTING ASSESSMENT ON REMOVAL OF DISEASED TREES FROM PRIVATE PROPERTY FOR JANUARY 1 THROUGH DECEMBER 31, 1995 (CONTINUED FROM AUGUST 26, 1996) COUNCIL LETTER NO. 301 7. PUBLIC HEARING TO CONSIDER REQUEST FOR CONDITIONAL USE PERMIT TO ALLOW CONSTRUCTION OF 100,000 SQUARE FOOT RETAIL STORE AND UP TO 20,000 SQUARE FEET OF ADDITIONAL RETAIL SPACE AT 1700 WEST 78TH STREET COUNCIL LETTER NO. 302 8. PUBLIC HEARING AND CONSIDERATION OF RESOLUTION APPROVING MODIFICATION NUMBER 3 TO CEDAR AVENUE BUSINESS AREA REDEVELOPMENT PLAN AND TAX INCREMENT FINANCING PLAN COUNCIL LETTER NO. 303 9. PUBLIC HEARING AND SECOND READING OF ORDINANCE AMENDMENT TO CITY CODE, SECTION 426, AND ZONING ORDINANCE, SECTIONS 521, 526 AND 536, ON COMMERCIAL WIRELESS TELECOMMUNICATION SERVICES TOWERS AND ANTENNAS AND TO SECTION 425 ON ACCESSORY TOWERS AND ANTENNAS COUNCIL LETTER NO. 304 RESOLUTION 10. CONSIDERATION OF RESOLUTION ADOPTING PRIVATE ACTIVITY TAX EXEMPT FINANCING GUIDELINES COUNCIL LETTER NO. 305 PROPOSED ORDINANCE 11. CONSIDERATION OF FIRST READING OF AMENDMENT TO HUMAN RESOURCES ORDINANCE SECTION 310.03, APPOINTMENT AND PLACEMENT OF RELATIVES COUNCIL LETTER NO. 306 ADMINISTRATIVE REPORTS AND OTHER BUSINESS 12. CONSIDERATION OF AWARD OF CONTRACT FOR BID PACKAGE #6 SITEWORK AT SHOPS AT LYNDALE WINE AND SPIRITS TO IMPERIAL DEVELOPERS IN AMOUNT OF $65,248 COUNCIL LETTER NO. 307 0 AIRPORT BUSINESS 13. AIRPORT STATUS REPORT CORRESPONDENCE 14. LEGISLATIVE REPORT COUNCIL CHOICE 15. COUNCIL DISCUSSION ITEMS 16. CLAIMS AND PAYROLLS 17. 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. M CITY OF RICHFIELD, MINNESOTA Council Letter No. 304 Agenda September 23, 1996 Issue Statement: Consideration of award of contract for bid package #6 for sitework at Shops at Lyndale Wine and Spirits municipal liquor store, 7700 Lyndale Avenue. Background: The City Council approved bid package #6 for sitework at the Shops at Lyndale Wine and Spirits at their July 8, 1996 meeting. The contractor has indicated that the specified work cannot be performed at the submitted bid price and forfeits the required bid bond. The original low bid was $39,030. Budget estimate was $42,899. Two other contractors submitted bids for sitework at the June 27 public bid opening. The next lowest bidder has been contracted, will honor the June 27 bid price and can adequately perform the work based upon City direction and schedule. The individual bid estimates from June 27, 1996 are: Northwest Asphalt $39,030 (bid withdrawn, forfeits bid bond) Imperial Developers $65,248 Ingram Excavating $65,675 Recommended Motion: Award the contract for bid package #6 to Imperial Developers for sitework at the Shops at Lyndale Wine and Sprits municipal liquor store, 7700 Lyndale Avenue, in the amount of $65,248. Basis of Recommendation: 1. Imperial Developers is the next qualified bidder after the low bid was withdrawn. 2. The bidder can perform the work within current construction schedule 3. Funds are available for sitework. 4. The City Attorney has reviewed the matter and recommends this action. Alternative Recommendation: Council could reject all bids and instruct staff to re-bid sitework specifications. However, sitework is one of the preliminary construction components and commencement of the project will be within the next week. Discussion/Decision Mode: Award of the contract for bid package #6 for sitework at the Shops at Lyndale Wine and Sprits municipal liquor store, 7700 Lyndale Avenue, is scheduled for the September 23 Council meeting. Respectfully submitted, Ja D. Prosser City anager JDP:cak Liquor Store #4 Construction Budget City of Richfield Bid # Description udget id Amount C. over) /under Variance 1 Bar Joist 15,817 14,000 1,817 RFP 1 Concrete Precast 20,020 17,240 2,780 2,3 Foundation /Masonry 153,323 270,000 (116,677) 4 Structural Steel 41,730 42,200 (470) 5 Steel Erection 12,500 18,178 (5,678) 6 Excavation'8 Utilites (sitework) 42,899 65,248 (22,349) 7 Plumbing 19,965 26,100 (6,135) 8 H VAC 30,024 43,600 (13,576) 9 Fire Protection 13,200 17,854 (4,654) 10 Electric 39,600 54,300 (14,700) 11 Doors/Frames 6,650 3,990 2,660 12 Roof Insulation 14,566 17,240 (2,674) 13 Glass/Glazing 32,593 33,500 `(907) 14 Rough Carpentry 19,723 27,500 (7,777) 15 Roofing 15,288 19,688 (4,400) 16 Exterior Wall Insulation 34,439 28,295 6,144 17 S I FS 8 Sealants 28,835 18,550 10,285 18 Paint, Deck E Joist 10,070 9,321 749 19 Vinyl Tile 8 Vinyl Base 7,425 5,892 1,533 20 Hard Tile @ Vestibule 4,667 4,820 (153) 21 Landscape/ Irrigation 4,000 4,000 - 22 Dock Leveler/Curtain/Pads 5,300 5,300 - 23 Overhead Door 1,500 1,500 - i T l C 574 134 748 316 (174 182) ota onstruct on , , , CM Fee 29,000 29,000 - General Conditions 49,292 49,292 - Special Conditions 10,787 10,787 - Subtotal 89,079 89,079 - Architect Fee 30,000 30,000 - Architect Site Inspection 15,000 15,000 - Equipment Refrigeration 35,000 35., 000 - Equipment Shelving 10,000 10,000 - Equipment Checkout 8,000 8,000 - Equipment Signage 7,000 7,000 - Equipment Communications 3,500 3,500 - Equipment Alarm 2,500 2,500 - Equipment Surveillance 5,000 5,000 - Equipment Point of Sale 8,000 8,000 - Equipment misc. 2,000 2,000 - Subtotal 126,000 126,000 - Total Budget 789.213 963,395 (174,182) Please note the following assumptions: 1. For bid numbers 21-23, no bids have been let. It is assumed that these costs will come in on budget. 2. For othe r non-construction costs, i.e., Construction Mgmt.fee,. Architect fees, and equipment costs for the store, it is ass umed that these costs will also meet budget. 0 Total bu dget does not reflect additonal land aquisitio n cost of $226,000. j a-aL 0 • • O i- L N U") x u od z ® a d w C co = X c 3 W z w = U °° v a W J Z ,? O N = w O J W M Q d N s ° w J a: QJ Y w x w .. ( n a w z W ° .J. ¢ w O co ? 1 Q M (1 ° ° W Y U W x W a Q °o p c a: W U7 N O m ~ (•? O Z O W ¢ l? l0 l? [? z Q' Z O W p ?V l7 2 Ui H O p V Q w T T T T Q z ' J '^ z W W W Co u <1 u o in z a ¢ N N u J Y r N z > ° c ° I Z a c c N w cc ° 0 0 0 0 .i w m ¢ a .n i ¢ Q m a w m u W N O W O ¢ ¢ ' C O w W ¢ W mJ w_ W o ¢ ° n a ° - W Q W W o 2 ¢ w o 0 ¢ ¢ Q W ¢ }- O n W z O W J O Z Z u Ia ` O ti J Q F'- Q U7 O F- m ¢ I U C Z m Q Q ° W U z J U U l7 w W L N X a Q ^'? O 7 W ¢ _ z q _ p j O j ¢ W w U z ¢ z W r = 2 m ' m a 9 u d° o-- w z ?'^ Q H ?p ° ul 2 Q w ? ? O CL W d' CT) D LL O ¢ w o CL .J. w u ° J m ° ?T ' w ° Q M V V w d N v ¢ ^ C Q ¢ W w ¢ J H w Z m > w CL ., p N H ° H ° r w w u W o o o i a ® N in w j W W r, co z r w © ® 2 ci J r m W ¢ ?' a Q U W M X w U') (O7 aJ m a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a n S T T T T T T T T T T T T T T a• T T T T T T T T T T C. T T T T T T T r J ul r. d w d w a w d w a. w d w u U u U U U U U Q U > U O > > > O O O > > O O > O > O > O u W u W U W U W U U z W W ¢ C 2 Ul l!1 Ul to Ill 111 O O O O O O O O O O O Z Z 2 Z Z Z Z O O O O O O N ¢ W ... W ? O T ^ m O N O N (j 0 T N O O - l? N -? N N N m - N N m al N N a O 0 n O O P ? N a N m N O O •- m m a •- N O a a a a a a a a O a a a a '40 a a b a a D a a a a a a a a a a a a a • T T T T T T T a• G T P T r T T P T T T T T T T T T T T T T a P r J r- Z a W m W n. W d W a W a- W d d W W U U U U U U U u u u > •> > a O O > > O O > O > O > O > O > O U W U W Q U U W W W K U7 U7 Ifl N M N UI !n O O O O O O O O O O ZZ 2 z Z 2 Z Z z 2 O O O ° ° ? T ? Q W N T O O ^ m O N O N m N m N N O O N a ^ ^ ^ 4) -- N N N N N N m O a a N N O O O- a a O O ^ ^ la ^ ^ T T N N a O N •-• l C ^ ^ N Y Q ° Z J • Ul W vi w N? Y W r i W W J U7 O Q. Y w ° l? 0: W N ¢ cn o m z u u J p `a ^ x J a z f U W W :- a u In a = - Q Q x p Q r-+ z z x ° m z r u z p a u ¢ p F- C7 Z Jl ? n c wp n w ¢= i o J W " O Q ¢ m ° u 3 ° a w a r u ¢ J O J ?2 vl (x O d a° o w u p W z ,n O S ?d J = w 5 2 0 O_ N J a J W Z •? Z ¢ Z N W W ?- co U W W 2 Z > O W W 41 U O Z O O W W Q O W ' Q: ! 4 w cr. a ?+ lb x L W J 7 O lA J ° Q Ill = 0 in u Y U m c W I- ?- ¢ l7 2 u a W Q 2 ?. 0: U l- O O _ O U 0 V N 5 O¢ Z O W ?- z ¢ o j X w N W O J ?-. Q W Q S ••I O L O C N ?+ O W O N Vf C Q J 0: O Z O O W ?+ O V J J O _ w a W } 1i O J d m G at J C CL J ? 6 C J Q W m O J d Q W 6 . D: 1- + d W N V W J O Z U J ti C ¢ U O > K 6 V 0: C J = V 6 Z J O C R O 0 O W W '- U J O J Q O o u .? 0 y V W VI .. O U S > CL. w l ¢ U. 3 w x n U u u CL 5 a w N ' J a -/ vl a S i S u u J a 3 4 ?••? - a O J z m _ x a Vl Q U 1? O w W 2 W I- U W Y u > N O ¢ fb > O a: O O N 9 I.. L d 7 O 2 W ?- ?-' d U 1- r S Z L a W C X W O w O J ¢ 2 (X d ¢ m m J s w U O V 0 0 ?- 0 S `? V x W O d d W X _ L W ^ W It t.? W 04 z l; a ww d' CITY OF RICHFIELD, MINNESOTA Council Letter No. 306 Agenda September 23, 1996 Issue Statement: First reading consideration of amendment to Human Resources ordinance Section 310.13 Appointment and placement of relatives. Background: City Code Section 310.13 Appointment and placement of relatives, attempts to maintain a balance between the City's anti-nepotism policy and an individual's rights to compete for City employment. The City strives to maintain that balance and compliance with state human rights laws. Recent Minnesota Department of Human Rights guidance indicates the City ordinance should be clarified as it relates to spouses being employed by the City. The Department of Human Rights would accept a violation charge if the City were to deny a spouse employment simply because the other spouse would supervise him or her. The City's current ordinance permits that denial of spousal-supervisor employment, -and therefore, may potentially violate the state's Human Rights Act under certain circumstances. The proposed clarifying language is meant to remedy any potential violations of the state act, by prohibiting spousal-supervision only in cases where it would be detrimental to a bona fide occupational qualification. Those situations would be determined by the City Manager on a case-by-case basis. While the City has not faced a supervisor-spouse relationship problem, it would be prudent to clarify the language before such a situation emerges. Recommended Motion: Consider first reading of the proposed ordinance amendment to Section 310.13, Appointment and placement of relatives, and schedule a public hearing and second reading for October 14, 1996. Basis for Recommendation: 1. As the ordinance stands, the City could be in violation of the Minnesota Human Rights Act under certain circumstances. 2. The amendment preserves the City's long standing policy of balancing anti-nepotism and encouraging the public to apply for City employment. 3. It is better to clarify the language before a supervisor-spouse relationship situation arises. [/_ I Alternative Recommendation: 1. Do not amend the ordinance and potentially face a state human rights claim. 2. Delete the ordinance provision and eliminate the City's anti-nepotism policy. Discussion/Decision Mode: This item has been placed on September 23, 1996 agenda for first reading. A public hearing and second reading are scheduled for October 14, 1996. Respectfully submitted, Jams . Prosser City anager JDP:ds 0 /J,a • BILL NO. AMENDMENT TO SECTION 310.13 OF THE ORDINANCE CODE OF THE CITY OF RICHFIELD THE CITY OF RICHFIELD DOES ORDAIN: Section 310.13 of the ordinance code of the City of Richfield entitled "Appointment and placement of relatives" is hereby amended: 310.13. Appointment and placement of relatives. Relatives closer than second cousins by blood or by marriage will not be employed in the same work group. Spouses may be employed in the same work group, so long as no employee will be placed in a work group in which a spouse will exercise supervision over the employee where such supervision would be seen as detrimental to a bona fide occupational qualification. All decisions on the specific determination of what may constitute a work group or supervisor-spouse relationship shall be made by the manager Passed by the City Council of the City of Richfield, Minnesota this 14th day of October, 1997. Martin J. Kirsch, Mayor ATTEST: Thomas P. Ferber, City Clerk 11 /o CITY OF RICHFIELD, MINNESOTA Council Letter No. 305 Agenda September 23, 1996 Issue Statement: Consideration of resolution adopting Private Activity Tax Exempt Financing Guidelines. Background: Under Minnesota statutes, cities may issue certain types of bonds for private activities which may be of benefit to the City. The City considers requests for tax exempt financing subject to the provisions of law and any municipal guidelines in place. However, City approval of tax exempt financing is a privilege not a right which may be extended to eligible applicants. Tax exempt financing is used on a selective basis to encourage certain types of development that offer a benefit to the City as a whole, including significant employment and housing opportunities. In instances where an applicant approaches a City for approval of private activity tax exempt financing, it is the applicant's obligation to demonstrate the benefit of such project to the City, both in writing and at a public hearing. The applicant should also understand that although approval may be granted by the City for the issuance of financing for a similar project or a similar debt structure, that would not be the basis upon which approval would be granted. Instead, each applicant for private activity tax exempt financing must be judged on the merits of the project as it relates to the public purposes of the Housing Act or the IDR Act and the benefits to the City at the time of the request for financing. Providing tax exempt financing may be a significant benefit to any particular activity being financed. In addition, the consideration by the City for tax exempt financing involves a significant amount of administrative activity. Thus, in consideration of the benefit to the applicant of a tax exempt financing tool, the potential benefit to the community of an appropriate activity, and the administrative costs associated with processing such an application, it would be appropriate for the City to establish a set of consistent guidelines to be used for each such application for tax exempt financing approval. Contained within such a guideline process would be appropriate application of materials, administrative procedures, and a fee structure paid to the City from the ultimate proceeds of any approved financing. Such guidelines and fee provisions are relatively common in the Twin City metropolitan area, especially in communities where significant numbers of requests for tax exempt financing approval occur. Attached to the Council Letter is a proposed set of Private Activity Tax Exempt Financing Guidelines which outline a process that may be approved by the HRA for such applications in the City of Richfield. The Guidelines provide for a sliding fee structure up to a maximum fee of $35,000 per issuance. If the City Council wishes to adopt the Guidelines as attached, a resolution accomplishing that purpose has been provided. lO-I i The City has previously received requests for such tax exempt financing. The most recent ! request was from the owner of the Market Towers project. Staff believes that the City will receive future requests for private activity financing, and as such, it is important that the City have guidelines and fee structures in place to deal with those requests. On August 26 the City Council considered this item and referred it to the HRA for their consideration at its September 16 meeting. The HRA approved the attached guidelines and fee structure. Recommended Motion: Adopt the attached resolution adopting Private Activity Tax Exempt Financing Guidelines. Basis for Recommendation: 1. The City of Richfield has statutory authority under the IDR Act and Housing Act to issue tax exempt financing for projects that would benefit the community. 2. Such approvals do not present a financial obligation for the City of Richfield. 3. Requests for private activity tax exempt financing are a benefit to the applicant as well as an administrative cost for the City of Richfield. 4. A number of other cities in the metropolitan area have adopted guidelines to deal with requests for such tax exempt financing approval, including a similar fee structure. Alternative Recommendation: 1. The City Council could decide not to adopt the uniform guidelines in dealing with these requests and deal with them as requests are submitted. 2. The City Council could decide to modify the proposed guidelines, including either increasing or decreasing the maximum fee. Discussion/Decision Mode: This item has been included on the September 23 City Council meeting so that the City of Richfield may put in place a set of guidelines dealing with requests for tax exempt financing as soon as possible. Consideration of this matter would allow the City to have set guidelines and fee structures in place before such requests are received. Respectfully submitted, Ja D. Prosser City Manager JDP:ds 1 /0 RESOLUTION NO. RESOLUTION ADOPTING PRIVATE ACTIVITY TAX EXEMPT FINANCING GUIDELINES WHEREAS, the City of Richfield has the authority to issue bonds and notes to assist in the financing of various private development activities with the City; and WHEREAS, providing of such financing assistance can be of a significant benefit to the activity financed; and should also be a valuable tool to the City in encouraging and fastening certain types of development; and WHEREAS, the public objectives can best be accomplished through the administration of consistent guidelines; and WHEREAS, the City Council has reviewed guidelines for private activity financing as proposed by the City staff and is fully informed as to its content; and WHEREAS, the Richfield Housing and Redevelopment Authority has reviewed and approved said guidelines. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield that the document entitled Private Activity Tax Exempt Financing Guidelines, a copy of which is attached as Exhibit A, is hereby approved and adopted. Adopted by the City Council of the City of Richfield, Minnesota this 23th day of September, 1996. Martin J. Kirsch, Mayor ATTEST: Thomas P. Ferber, City Clerk 0 f0-3 V CITY OF RICHFIELD, MINNESOTA PRIVATE ACTIVITY TAX EXEMPT FINANCING GUIDELINES City Council Resolution No. 1996 City of Richfield 6700 Portland Avenue Richfield, MN 55423-2598 • ffiID106156 RC125-130 lTAX EXEMPT FINANCING GUIDELINES ?r • Table of Contents Page Part I General . . . . . . . . . . . . . . . . . . . . . . . 1 Part II Guidelines . . . . • • • • • • • • • • • • • • . • • 2 Part III Miscellaneous Matters . . . . . . . . . . . . . . . . 6 Part IV Application for Tax-Exempt Financing 8 (Commercial, Industrial or Health Care) . . . . . . Part V Application for Tax-Exempt Financing 11 (Multi-Family Housing) . • • Part VI Addendum to Application fo r Tax-Exempt Financing 14 Part VII Indemnification Letter of Agreement . . . . . . . . 18 • • BMB106156 RC125-130 /0-5 PRIVATE ACTIVITY ?• TAX EXEMPT FINANCING GUIDELINES PART I GENERAL Under the Minnesota Municipal Industrial Development Act, Minnesota Statutes, Sections 469.152 to 469.165 (the "IDR Act"), the City of Richfield has authority to issue industrial, commercial, and health care revenue bonds or notes to attract or promote economically sound industry and commerce to the City. Under Minnesota Statutes, Chapter 462C (the "Housing Act"), the City is authorized to issue housing revenue bonds to finance multi- family residential housing projects for low and moderate income persons and elderly persons. Projects must be embodied in a Housing Program, as defined in the Housing Act. The Council is aware that such financing for certain private activities may be of benefit to the City and will consider requests for tax exempt financing subject to these Guidelines. The Council considers tax exempt financing to be a privilege, not a right. It is the judgment of the Council that tax exempt financing is to be used on a selective basis to encourage certain development that offers a benefit to the City as a whole, including significant employment and housing opportunities. It is the applicant's responsibility to demonstrate the benefit to the City, both in writing and at the public hearing. The applicant should understand that although approval may have been granted by the City for the issuance of financing for a similar project or a similar debt structure, that is not a basis upon which approval will be granted. Each application will be judged on the merits of the project as it relates to the public purposes of the Housing Act or the IDR Act and the benefit to the City at the time the request for financing is being considered. If tax exempt financing is to be issued by the Richfield Housing and Redevelopment Authority, the Authority will conform to these guidelines. • BMB106156 RC125-130 /0-(0 PART II GUIDELINES 1. The Council will consider tax exempt financing for commercial, industrial and health care projects under the IDR Act and housing projects under the Housing Act. An applicant for tax exempt financing pursuant to the IDR Act must submit to the City the application set forth in Part IV of these Guidelines. An applicant for tax exempt financing pursuant to the Housing Act must submit to the City the application set forth in Part V of these Guidelines. 2. Projects must be compatible with the overall development plans and objectives of the City and comply with the zoning and-land use regulations of the City. 3. An application will not be considered by the Council until tentative City Code findings and requirements have been made with respect to zoning, building plans, platting, streets, and utility services. The application must be accompanied by the addendum set forth in Part VI of these Guidelines and must provide information as to the project's need for municipal services including, but not limited to, street improvements, water and sewer services, and police and fire protection. A report based on a review of the project by the Community Development Department must be presented to the Council prior to consideration of a resolution giving preliminary approval to the project. 4. The project must be a positive benefit to the City. The project must be of a nature that the City wishes to attract, or an existing business which the City wishes to have expand within the City, considering employment opportunities, incentive for further development, impact on City services, and support for the industrial, commercial or health care operations currently located in the City. A housing project must provide significant housing opportunities for low and moderate income persons or the elderly. 5. The Council will, if requested, grant an applicant a pre- application review. The purpose of the pre-application review is to inform potential applicants of the possibility of certain rejection. The fact that the project is not rejected at the pre-application stage is not to be construed as approval of the project nor as an indication that the project will be approved upon formal request to the Council. Requests for tax exempt financing may be rejected by the City whether or not the project was submitted to a pre-application review and regardless of the outcome or recommendation of that pre- application review. is A request for pre-application review must be in writing, addressed to the City Manager, and set forth the name of the DJK40101 2 BU155-37 /0---) project, the type of improvement intended and the name, address and telephone number of the person who will be representing the potential applicant at the pre-application review, together with such additional information as the applicant desires to submit. 6. The applicant must select a qualified financial adviser or an underwriter to assist the applicant in preparing all necessary application documents and materials. The financial adviser will submit a letter that establishes the financial feasibility of the project. Applications may, in the alternative, include a signed letter from a responsible financial institution indicating that the project is economically feasible and viable and stating that bonds can be successfully. sold for the project or that an individual or institution intends to purchase all of the bonds. The applicant must receive approval from the appropriate state agencies, secure financing and commence construction within one year of the date of the resolution giving preliminary approval to the project or the housing program. Upon application, the Council may approve an extension of the preliminary approval. The City will appoint bond counsel for the bond issue, which will normally be the City's regularly retained bond counsel. • 7. Pursuant to the IDR Act and the Housing Act, consideration of an application for tax exempt financing must be done at a public hearing held by the Council. Modifications to the project after the public hearing and preliminary approval must be consistent with the scope of the project as proposed at the time of preliminary approval. 8. The City is to be reimbursed and held harmless for and from any out-of-pocket expenses related to the tax exempt financing including, but not limited to, legal fees, financial analyst fees, bond counsel fees, and the City staff's expenses in connection with the application. A. non-refundable filing fee in the amount of $5000 to insure reimbursement of the above expenses must be included with the submission of the application. The applicant must execute a letter to the City undertaking to pay all such expenses even if they exceed the deposit. A form of the required letter is set forth as Part VII of these Guidelines. 9. Prior to closing and delivery of the bonds for the project, the applicant must pay, or commit to pay as the case may be, administrative fees determined as follows: (i) Industrial, commercial and health care projects: • DJK40101 3 BU155-37 IOlB to the City, a one-time fee equal to 1/2% of the first five million dollars of bonds plus 1/4% on the remaining ! balance, with a maximum fee of $35,000.00. (ii) Housing projects A one time fee will be paid by the applicant to the Richfield Housing and Redevelopment Authority at the time of the bond sale closing in the amount of 1% of the bonds, not to exceed $35,000.00: 10. The City Manager must annually submit to the Council a summary report of all project applications made in that year and financings completed for the year. The report must include: a. Total number of applications processed; b. Total number and dollar volume of proposed projects; C. Total amount of bonds issued; d. Amount of tax base provided; e. Number of jobs created; and f. Number of new housing units constructed and occupied. 11. Applications for financing must be made on the forms attached to these Guidelines. In addition, the applicant must furnish a description of the project, a plot plan, elevation of proposed buildings, landscape, lighting, and site preparation, together with a brief description of applicant and the proposed financing in such form as required at the time of application. 13. The Council may, in its sole discretion, impose conditions exceeding those required under the City building code in respect to exterior building materials, landscaping, signage lighting, and such other aspects as the Council may consider appropriate on a case-by-case basis. 14. The Council may, in its sole discretion, withdraw its preliminary approval of a project any time if in its judgment the purposes of the Act will not be served by going forward with the project and its financing. • DJK40101 4 BU155-37 /0-9 PART III MISCELLANEOUS MATTERS 1. Ratings. The City will give its most favorable consideration to proposed tax exempt bond issues that have the same rating as the City's obligations by Moody's Investment Service or Standard & Poor's Corporation. Issues carrying lower ratings or non-rated issues may be sold only to institutional or other investors on a private placement basis and must be in denominations of at least $100,000. The Council may depart from this guideline when in its judgment the project is of a level of merit and public purpose to justify the departure; and in case of such a departure the Council must state its reasons therefor in the resolution awarding the sale of the bonds. 2. Refundings. The Council will normally approve the refunding of a tax-exempt issue but only upon a showing by the applicant of (i) substantial debt service savings, (ii) the removal of bond covenants significantly impairing the financial feasibility of the project, or (iii) both (i) and (ii). In the case of refundings of bonds for which the administrative fees listed in paragraph 9 of Part II have been and are being paid, no new administrative fees are required; but the non- refundable application fee must be paid together with all City expenses in excess of that fee. In the case of refundings of bonds where no administrative fee has been paid, the administrative fees listed in paragraph 9 of Part II must be paid. The application form is to be appropriately modified. 3. Subsecruent Proceedings. Where changes to the underlying documents or credit facilities of outstanding bond issues are to be made and require Council action, no administrative fee is charged but a non-refundable fee of $2,500 must be deposited with the City to cover administrative costs. No formal application form is required. 4. Issue by Another Political Subdivision. The City will consider requests for tax exempt financing of projects in the City by other political subdivisions. In these cases the non- refundable application fee must be paid and all procedures through the approval of the preliminary resolution followed. No administrative fee is charged. 5. City Contact. Initial contacts about tax-exempt financing are made by contacting: • DJK40101 5 BU155-37 /D-1© Assistant City Manager City of Richfield 6700 Portland Avenue Richfield, MN 55423-2598 (612) 861-9702 All subsequent correspondence is to be similarly addressed with a copy to bond counsel: Kennedy & Graven Chartered Attorneys at Law 470 Pillsbury Center Minneapolis, MN 55402 Attention: David J. Kennedy or other bond counsel appointed by the City. 6. Deadlines. The Council conducts all tax exempt financing matters at regularly scheduled Council meetings held on the first and third Monday of each month. Documents for Council consideration must be at the City office on the Tuesday proceeding the Council meeting at which the matter is to be considered. No exceptions to this requirement will be made. In the case of a publicly offered bond issue the documents, when submitted, may specify a maximum price and maximum effective interest rate if prices and rates have not yet been established. 0 DJK40101 6 BU155-37 10?? l PART IV APPLICATION FOR TAX-EXEMPT FINANCING (Commercial, Industrial or Health Care) 1. APPLICANT a. Business Name - b. Business Address - C. Business Form (corporation, partnership, sole proprietorship, etc.) - d. Authorized Representative - e. Principal contact person and telephone number - 2. PURPOSE OF REQUESTED FINANCING: a. New Facility (describe) - b. Expansion (describe) - C. Refunding (attach explanatory letter) 3. GIVE BRIEF DESCRIPTION OF NATURE OF BUSINESS, PRINCIPAL PRODUCTS, ETC.: 4. ESTIMATED PROJECT COSTS: (Not required for refunding) Land $ Building Equipment Architectural, Engineering Costs of Issuance Capitalized Interest, including discount Other Total Financing Requested $ DJX40101 7 BU155-37 /o-ia ? (6 • 5. AMOUNT OF FINANCING REQUESTED: $ ( of project costs) 6. TYPE OF FINANCING PROPOSED: Bonds Tax Exempt Mortgage Expected Term of Financing Years Security: Mortgage Letter of Credit Guaranty (third party) Guaranty (personal) Unsecured other (specify) 7. BUSINESS PROFILE: (Not required for refunding) a. Is the business located in the City of Richfield now? b. Number of employees in City: 1) Before this project - 2) After this project - C. Approximate annual sales - d. Length of time in business - Length of time in business in City - e. Do you have plants in other locations? If so, where? 8. NAMES OF: a. b. C. 9. WHAT a. b. DJK40101 BU155-37 Corporate Counsel (name and contact person) Underwriter - Underwriter's Counsel - IS YOUR TARGET DATE FOR: Construction start - Construction completion - 8 /0-/,3 10. Attachments (Items b., c., d., e., f. and h. prepared by Bond Counsel): a. Project description materials - b. Draft resolution calling for public hearing - C. Draft comprehensive statement of Mayor - d. Notice of public hearing - e. Draft preliminary resolution - f. Draft application to Department of Trade and Economic Development with necessary attachments - g. Financial feasibility letter - h. Preliminary bond counsel opinion i. Initial filing fee ($5,000) - j. Planning Commission recommendation and background material - k. Indemnification Letter of Agreement The applicant further states that it has been furnished a copy. of the City of Richfield's Private Activity Tax Exempt Financing Guidelines and is aware of its content and agrees to be bound by its terms and the terms of the indemnification letter. For Further Information Contact: Assistant City Manager City of Richfield 6700 Portland Avenue Richfield, MN 55423-2598 (612) 861-9702 • Applicant BY DATE DJK40101 9 BU155-37 PART V I ?i APPLICATION FOR TAX-EXEMPT FINANCING (Multi-Family Housing) APPLICANT: CONTACT PERSON: ADDRESS: TITLE: PROJECT LOCATION: PHONE NUMBER PROJECT NAME: DATE OF APPLICATION: PROJECT INFORMATION RENT UNITS • Efficiency $ One Bedroom $ Two Bedroom $ Three Bedroom $ Parking (included in rent/ not included in rent) $ Laundry $ Utilities included in monthly rent: OPERATING EXPENSES % of Gross (Annual) TOTAL PROJECT COST: $ DEVELOPER EQUITY: $ DEBT SERVICE: $ *HARD COSTS: $ LAND VALUE: $ SOFT COSTS: $ *(Hard Costs are all project costs the IRS has determined to be • eligible items for depreciation.) DJK40101 10 BU155-37 ANTICIPATED INTEREST RATES: HRB : g If the project was convention- ally financed, what interest rate would you expect_to pay? SALES ASSUMPTION: How many years do you plan to hold the property before you sell? years. At what percent do you feel the value of the project will appreciate? AMORTIZATION SCHEDULE: 30-Year Amortization Schedule? Yes Other: No (Circle One) DEPRECIATION METHOD: Years: Type: Amount of Total Basis: $ EQUIPMENT: $ of project cost is for equipment (e.g., was ANTICIPATED INCREASES: ANTICIPATED VACANCY RATE: Revenue: % Per year First Year: % • Expenses: % per year After First Year: % CONSTRUCTION SCHEDULE Anticipated construction commencement date: Anticipated construction completion date: ADDITIONAL INFORMATION: I certify that the information provided above is correct and contains no misrepresentations or falsifications, omissions or concealments of material facts and that the information given is true and complete to the best of my knowledge. Signature • Title DJK40101 BU155-37 11 Date /D_/& The following items must be attached to the application: APPENDIX A A brief description of the organizational structure of Applicant, including parent subsidiary and affiliate organizations (if applicant is..other than an individual). APPENDIX B Statement of Applicant's business history, including any multi- family rental projects. APPENDIX C The name, address, and telephone number of: 1. The Applicant's legal counsel 2. The Applicant's accountant 3. The architect of the proposed Project 4. The engineer of the proposed Project 5. The general contractor of the proposed Project APPENDIX D 1. Present ownership of the proposed Project site and Applicant's interest therein. 2. Present zoning of the Project site and a description of what city land use approvals are needed for this project. 3. The projected number of new employees to be added to the Applicant's permanent work force because of the Project. 4. Other financing attempted or available to the Project including any interim financing. 5. Statement regarding whether or not this project has all required city approvals. If the project does not-have all of the required approvals, list the approvals still and a tentative time schedule. APPENDIX E Indemnification Letter of Agreement. APPENDIX F Proforma Analysis of the Project • DJK40101 12 BU155-37 /0,0 PART VI . ADDENDUM TO APPLICATION FOR TAX-EXEMPT FINANCING (Not required for refundings) CITY OF RICHFIELD Checklist of Required Submissions for Project Review 1. The following information, where applicable, must be submitted for review by the Development Review Committee at least three weeks prior to the Planning Commission meeting at which it is to be considered. a. A copy of the application b. A copy of the proposed plat (at scale of 1" - 100') C. Legal description (lot, section, township, village, county) d. Name of proposed subdivision, if applicable. e. Graphic scale f. North arrow g. Date h. Property owners name and address i. Covenants, liens, and encumbrances j. Name and address of licensed professional engineer, i on surveyor, and/or land planner involved in the preparat of the sketch plat or proposed plan. k. Location of property lines 1. Existing easements M. Burial grounds n. Railroad rights-of-way o. Water courses p. Existing wooded areas DJK40101 1 3 BU155-37 1 ?-1 S q. Trees, eight inches or more in diameter measured four feet above ground level r. Location, width and names of all existing or platted streets or other public ways within or immediately adjacent to tract s. Names of adjoining property owners from the latest County, City, or Township assessment roles within 300 feet of any perimeter boundary of the subdivision t. Location, sizes, elevations, and slopes of existing sewers, water mains, culverts, and other underground structures within the tract and immediately adjacent thereto U. Existing permanent buildings v. Utility poles on or immediately adjacent to the site and utility right-of-way - W. Approximate topography, at the same scale as the sketch plan X. The approximate location and widths of proposed streets Y. Preliminary proposals for connection with existing water • supply and sanitary sewer systems, preliminary provisions for collecting and discharging surface water drainage Z. The approximate location, dimensions, and areas of all proposed or existing lots aa. The approximate location, dimensions, and areas of all parcels of land proposed to be set aside for park or playground use or other public use or for the use of property owners in the proposed subdivision bb. The location of temporary stakes to enable the Planning Commission to find and appraise features of the sketch plat in the field cc. Whenever the sketch plan covers only a part of an applicant's contiguous holdings, the applicant shall submit, at a scale of not more that 2001=111, a sketch in pen or pencil of the proposed subdivision area, together with its proposed street systems and an indication of the probable future street and drainage system for the remaining portion of the tract. dd. A vicinity map showing streets and other general development of the surrounding area at a scale of 111=1001. The sketch plat must show all school district DJK40101 14 BU155-37 lines and zoning district lines with the zones properly designated. 2. Required submissions for building permit review: Certificate of Survey a. Parcel number as recorded at the County b. All land divisions to be recorded at County prior to obtaining building permit c. Parcel square footage d. A location map showing this parcel's location within the plat Site Plan a. Existing topography at a scale of not less than 1"=100' with two foot contour intervals b. All required building and parking setbacks should be illustrated on the plan c. Building locations and square footages d. Existing vegetation and other natural features including • water bodies or water courses, rock outcrops, etc. Landscape Plan a. The location of all areas to be sodded or seeded b. The location and size of plantings, indicate both common and botanical names c. Planting details which clearly illustrate the manner in which each different material will be planted Lighting Plan a. Type of fixture, type of lighting (high pressure sodium, metal halide, etc.), and intensity of proposed lighting system b. Location and height of all fixtures c. The petitioner should also supply an Isolux diagram (available from lighting distributor) to illustrate at least the intensity of light at the property lines. However, on major projects it is advisable for the petitioner to supply the plan showing the photometric contours of varying light intensity throughout the site. DJK40101 15 BU155-37 1 O-ao Signage 4,0 a. The location, size, and design of all signs including a description of all materials to be used in the construction of said signs. Any proposed use of color, or use of lighting should be clearly described and illustrated. b. In the case of major developments the City encourages the development of signage programs to govern the use of signs throughout the project. For additional information regarding such programs, please contact the Planning Department. Parking a. Number of spaces provided, floor area, and occupant load b. Concrete curb area and design c. Bituminous area and design d. Parking lot striping e. Location of handicapped parking Building Plans • a. Floor layouts b. Building elevations (front, sides, and rear, including detailed explanation and illustration of all exterior building materials) C. Rooftop unit screening (architecturally designed and compatible with building) Trash Handling Requirements of Zoning ordinance (inside or screened) DJX40101 16 HU155-37 / O'-Ca-( PART VII 0 INDEMNIFICATION LETTER OF AGREEMENT The Mayor of the City of Richfield and Members of the City Council 6700 Portland Avenue Richfield, MN 55423-2598 RE: Application of for Tax Exempt Revenue Bond Financing by the City of Richfield Dear Mayor and Members of the City Council: This .letter of agreement is given by a under the laws of ("Applicant"), as required by the City of Richfield in connection with its consideration of an application for tax exempt revenue bond financing for the project described in the application. Applicant hereby covenants, warrants and agrees as follows: 1. Applicant agrees to pay or reimburse the City for any and all costs and expenses which the City may incur in connection with its consideration of the project and the granting of tax exempt revenue bond financing therefor, whether or not the project is preliminarily approved by the City, whether or not the project is approved by the State of Minnesota, whether or not revenue bond financing is finally approved by the City, whether or not the bonds are issued and sold, and whether or not the project is carried to completion. 2. Applicant agrees to indemnify and hold the City, its officers, employees and agents harmless against any and all losses, claims, damages, expenses or liabilities, including attorneys fees incurred in their defense, to which the City, its officers, employees and agents may become subject in connection with the City's consideration, issuance or sale of the bonds for Applicant's project and the carrying out of the transactions contemplated by this agreement and any resolutions adopted, or agreements executed by the City in connection with the issuance of its bonds for this project. 3. Applicant hereby releases the City, its officers, agents and employees from any claims, causes of action, losses, damages, or liabilities which it may have against the City, its officers, agents, and employees or which it may incur in connection with: the City's consideration of the application for industrial development revenue bond financing for Applicant's project; the failure of the City, in its -40 discretion, to issue tax-exempt revenue bonds for Applicant's DJK40101 17 BU155-37 1 ra C-/ project; the issuance and sale of the bonds; the construction of the project; or any other matter or thing of any type or nature whatsoever which may arise in connection with the foregoing. 4. Applicant is aware of the City's application and administrative fee structure for tax exempt financing and agrees and covenants that all such fees will be paid in the amount and at the times required. Dated: (Applicant) By Its • DJK40101 18 BU155-37 CITY OF RICHFIELD, MINNESOTA Council Letter No. 304 Agenda September 23, 1996 Issue Statement: Public hearing and second reading of an ordinance amendment to the City Code, Section 426, and the Zoning Ordinance, Sections 521, 526, 531 and 536, on commercial wireless telecommunication services towers and antennas and to Section 425 on accessory towers and antennas. Background: On June 24, 1996 the City Council passed a moratorium on the siting of commercial wireless telecommunication services (CWTS) towers and antennas and directed staff to study the issues and prepare an amendment to the City Code, if necessary. The telecommunications industry has experienced significant growth, changes in technology, and deregulation over the past several years. The increased demand for wireless telephone services is a part of this growth and change. Staff determined that the City's current ordinances do not adequately address the changes that have occurred in the industry and do not provide adequate provisions to respond to requests to locate CWTS towers and antennas. Industry representatives were consulted and ordinances from other communities were reviewed to develop the attached ordinance amendments. The goal of the ordinance is to facilitate improved communication services while minimizing the potential negative impact on the City by the communication infrastructure. The ordinance addresses the following issues: • Location • Encouraging the use of existing towers and buildings when possible • Setback from residential property • Performance standards, including height, screening, lighting, design and color • Co-location of at least two users on a tower • Standards for accessory buildings and equipment • Abandonment provision • Health standards • Non-interference with Public Safety communications • Participation in the future Emergency Alert System • Structural issues and permit requirements Representatives from the industry raised three primary concerns with the proposed ordinance: 1. The ordinance requires a setback from residential property of 1.5 times the height of the tower. The industry recommends that the setback be measured to the structure q-1 rather than the property line. The Planning Commission blieved that the property line is more permanent and therefore, is the appropriate feature for measurement. 2. The ordinance requires participation in the future Emergency Alert System (the system that will replace the Emergency Broadcast System over the next several years). The ordinance provides an exception if participation is not technologically feasible at this time or if the FCC does not approve the participation. The purpose of the ordinance provision is to plan ahead for the future when participation in the new system does become feasible. 3. The ordinance requires that telecommunications companies applying for a permit submit a copy of the lease agreement they have with the land owner to the City Assessor. The Assessor needs this information to accurately value property. The industry believes that it is discriminatory to require this information only of them and does not want this information to become public. The ordinance provision arises from the difficulty the Assessor has had in the past obtaining this type of information. The ordinance requires that the information be provided directly to the Assessor who is required by law to keep it confidential for three years. Some minor changes were made to Section 425 of the City Code which addresses accessory towers and antennas, including amateur radio towers. The 1995 revised Zoning Ordinance added some provisions relating to the screening and location of accessory towers and antennas. Those provisions and the changes proposed will be communicated to the public. The moratorium on the development of towers and antennas is in effect until October 1, 1996. The recommended ordinance amendment extends the moratorium until November 1, 1996 when the ordinance would become effective. Recommended Motion: Conduct a public hearing and approve second reading of an ordinance adding Section 426 and amending Sections 425, 521, 526, 531 and 536 of the City Code regulating commercial wireless telecommunication towers and antennas; and extending the moratorium until November 1, 1996. Basis of Recommendation: 1. Changes and growth in the telecommunications industry have led to increased demand for communication towers and antennas, and standards are needed to guide the location of these towers and antennas. 2. The City's current City Code and Zoning Ordinance do not allow for an adequate response to requests to locate towers and antennas in the City. 0 9-a 3. Ordinances from other cities have been reviewed and information and feedback have been solicited from industry representatives in the development of the proposed ordinance. 4. The moratorium on the development of towers and antennas will end on October 1, 1996. It would be appropriate to have regulations approved before the end of the moratorium and extend the moratorium until the ordinance becomes effective. 5. The City Council discussed regulation of this business with the Planning Commission at the August 5, 1996 Study Session. 6. On August 27, 1996 the Planning Commission voted unanimously to recommend approval of the ordinance amendment. Alternative Recommendation: 1. Deny this amendment at first reading. 2. Request further study of the ordinance by the Planning Commission and extend the development moratorium for an additional 60 days. Discussion/Decision Mode: Action by the City Council'on September 23 will complete the process for regulating wireless communications. Respectfully submitted, Prosser Ja ttynager CiJDP:ds 0 TELECOMMUNICATION TOWERS AND ANTENNAS q,3 ORDINANCE SUMMARY • Existing Regulations: -- The zoning ordinance considers antennas owned by telecommunication companies to be accessory uses in the MR-3, C-2, and I districts. The antenna must be located on the roof top, cannot contain advertising, and is a conditional use if it's over 15 feet. -- Amateur radio towers are limited to a height of 70 feet and must be located in the rear yard. -- Satellite dishes are treated like accessory buildings unless they're on a roof top. They must be in the rear yard or on a roof top. -- Towers owned and operated by telecommunications companies are not conceived of or addressed by the ordinance. • Purpose of Proposed Ordinance: --Provisions to protect the health, safety and welfare of the community while providing for a well designed and efficient communications system. -- Minimize adverse visual effects, avoid potential damage to adjacent properties, maximize the use of existing towers and buildings. • Location for Towers and Antennas: -- Antennas permitted as accessory uses in the MR-3, C-1, C-2, C-3, and I districts • if no higher than 15 feet; conditional use if over 10 feet. -- Antennas permitted as accessory uses with approval from the Community Development Director in a PUD; amend PUD plan if over 15 feet. -- Antennas permitted as accessory uses in the R district if church (if camouflaged), park, government, school, utility or institutional site; conditional use if over 15 feet. -- Towers as conditional uses in C-2, C-3 and I districts -- Towers as conditional uses in the R district if church (if camouflaged), park, government, school, utility or institutional site • Performance Standards for Towers: -- Setbacks in the C-2, C-3 and I districts the same as setbacks for an accessory structure (front=35', rear=8', interior side=3', streetside = 25') . -- Setbacks in the R district same as setbacks for a non-residential accessory structure (40', 10', 10', 30'). -- Additional setback from residential use (property line) of 1.5 times the height of the tower. -- The Council may reduce the setback to allow integration into an existing structure such as a church steeple or light fixture. -- Allowed only in the rear yard in residential district -- Allowed in the rear yard in commercial and industrial districts; allowed in interior side yard if adjacent to another commercial or industrial property • -- Maximum height of 150' 1 q,4 TELECOMMUNICATION TOWERS AND ANTENNAS ORDINANCE SUMMARY -- No signage -- No lighting unless required by FAA or if the tower is designed to be a light fixture. -- Neutral color (except when required by the FAA) -- Monopole design unless exception given by the Council • Co-location -- New towers over 75 feet must be designed to accommodate one additional user (unless height restriction by FAA). -- Applications for new towers must show why service can't be provided on an existing tower or building over 75 feet within a half mile radius of the proposed location. -- The Council must find one or more of the following reasons for the company not using an existing structure: unwillingness of structure/tower owner, would exceed structural capacity of existing structure, frequency interference, performance or system capacity would be affected. • Performance Standards for Antennas: -- Height up to 15 feet is accessory, over 15 feet is conditional use -- No signage -- Screening from street right-of-way and residential uses -- If more than one antennas, clustered in a single location where possible -- No artificial lighting unless required by the FAA • Accessory Buildings/Equipment: -- Same rules apply as they would to any other accessory building -- Additional size allowed for a telecommunications accessory building in the R district, up to 350 square feet -- Architecturally designed to blend in with the surrounding environment. -- Ground mounted equipment must be screened with vegetation or other approved means of screening • Abandonment Provision: -- An abandoned tower may be declared a nuisance and removed by the City after use has been discontinued for 12 months • Health Standards: -- Must comply with federal health standards; if those change, must comply with new standards • Interference: -- Can't interfere with public safety communications, the Director of Public Safety may request an evaluation indicating that won't occur 2 TELECOMMUNICATION TOWERS AND ANTENNAS 9-5 ORDINANCE SUMMARY . • Emergency Alert System: -- Require communications providers to participate in digital Emergency Alert System unless proven to be technically unfeasible or prohibited by the FCC • Structural Issues: -- All towers and antennas must obtain a permit from the building official -- Require copy of lease with property owner to be submitted -- Must conform to the building code, electrical code -- Towers must be certified by a licensed engineer that the tower complies • Amateur Radio Towers/Accessory Antennas: -- Minor changes to the existing ordinance -- Permitted in rear yards -- May be in the side yard if affixed to the building and four feet from the property line -- Comply with antenna performance standards, e.g. no lighting, signage -- Maximum height of 70 feet -- Need a permit if over 10 feet 0 q-/o • The City of Richfield Does Ordain: A. Bill No. 1996- Amendment to the City Code of the City of Richfield Section 1. Section 425 of the Richfield City Code is amended to read as follows: Section 425 - Accessory z4antennaes and towers. 425.01. Definitions. Subdivision 1. For the purposes of this section and the zoning code of the city, the terms defined in this subsection have the meanings given them. Subd. 2. "Antenna" means equipment located on the exterior of or outside of a building or structure used for transmitting or receiving radio, television or telecommunications signals. Subd. 3. "Tower" means a pole, spire, or structure or any combination thereof to which an antenna is attached including supporting lines, wires and braces. Subd. 4. "Satellite antenna" means a structure and all supporting apparatus which is used for receiving satellite signals: if the structure is roof-mounted and exceeds ten feet in height above the highest point of the roof, it is considered a roof-mounted antenna: if the structure is ground-mounted it is considered an accessory building. 425.03. General rule. Except as otherwise provided in this section, no antenna or tower may be erected, constructed, placed, re-erected or replaced in a residential-zoning district of the city except in conformance with this section. 425.05. Permits. Subdivision 1. Required. Except as provided in subdivision 3, no person may erect, construct, place, re-erect, reconstruct or replace an antenna or tower in the city without first making application for and obtaining a permit therefor from the building official. Subd. 2. Information. The applicant for the permit shall provide at the time of application sufficient information to indicate that the erection, construction, placement, re-erection, reconstruction or replacement will not create a safety hazard or damage to the property of other persons. Subd. 3. Exceptions. Permits are not required for: (a) an antenna or combination of antennae and tower rigidly attached to a building provided that the combination of antenna and tower does not exceed a total height of ten feet above the highest point of attachment; (b) antennae and towers used by the city for city purposes; (c) adjustment, repair or replacement of the elements of an antenna, provided such adjustment repair or replacement does not reduce the safety factor; (d) temporary antennae or towers erected for test purposes, emergency communication, or for broadcast remote pick up operations: temporary antennae and towers shall be removed within 72 hours following installation. a-? 425.07. Location. Subdivision 1. Sideyards. A tower or antenna or combination thereof may not be located in any front yard or side yard except that towers or antennae rigidly attached to the side of the building may project into a required interior side yard provided they are at least four feet from an interior side property line. 1 -1 Subd. 2. Satellite antennae. Groundbased satellite antennae are permitted only in the rear yard and, for purposes of the zoning code, are accessory buildings. The structures are subject to the requirements for accessory buildings listed in the zoning code. Subd. 3. Extension into streets. No part of any antenna or tower nor any lines, cable, equipment or wires, or braces in connection with either shall at any time extend across or over any part of any public right-of- way, streets, highways, sidewalk or alleys or over any property line. 425.09. Height. The total height of any tower, antenna or combination thereof shall not exceed 70 feet from the lowest grade level at the base to the highest point of tower, antenna or combination thereof. The total height of roof mounted towers, antennae or combination thereof may not exceed 70 feet above the average elevation of the lot along the front building line of the building it is mounted on. 425.11. Performance Standards. Subdivision 1. These performance standards apply to any accessory tower, antenna or satellite antenna that is erected, constructed, placed, re-erected or replaced in any zoning district in the city. Subd. 2 Signage. No advertising message shall be on the tower or antenna structure. Subd. 3. Screening. Such structures shall be screened to the greatest extent practicable to minimize visual impacts on surrounding _properties. Screening _plans shall be approved by the Community Development Director. Subd. 4. Number. If more than one such structure is proposed on a lot, they shall be clustered in a single grouped location where possible. Subd. 5. Lighting. Towers and antennas shall not be artificially lighted unless it is required by the Federal Aviation Administration or other federal or state authority. 425.143. Construction. Subdivision 1. Wind. Towers with antenna shall be designed to withstand applicable wind load requirements as prescribed in the state building code. Subd. 2. Treatment. Metal towers shall be constructed of, or treated with, corrosive resistant material. Wood poles shall be treated wood in conformance with the building code. Subd. 3. Grounding. Antennae and metal towers shall be grounded for protection against a direct strike by lightning and shall comply as to electrical wiring and connections with the national electrical code. Subd. 4. Climbing. A tower affixed to the ground shall be protected to discourage climbing of the tower by unauthorized persons. Subd. 5. Appurtenant structures. No antenna or tower shall have affixed or attached to it, in any way, except during time of repair or installation, any lights, reflectors, flashers or other illuminating device, except as required by the Federal Aviation Agency or the Federal Communications Commission, nor shall any tower have constructed thereon or attached thereto, any platform, catwalk, crow's nest or like structure, except during periods of construction or repair. 425.135. Non-conforming installations. Subdivision 1. General rule. Antenna and towers in existence on January 18, 1986 which do not conform to or comply with this section may continue to exist for the purpose now Q-? used but may not be replaced or structurally altered except as provided in subdivision 2 without complying with this section. Subd. 2. Replacement. If a non-conforming tower is damaged or destroyed the tower may be repaired and restored to its former use, location and physical dimensions upon obtaining a building permit therefor, but without otherwise complying with these regulations, provided, however, that the cost or repairing the tower to its former use, size or location does not exceed 50 percent of the cost of a new tower of like kind or quality. 425.137. Variances. The council may grant variances to the literal provisions of this section in the same manner and subject to the same requirements that apply to variances granted under section 5456 of the zoning code. FA U q-9 Section 2. The Richfield City Code is amended by adding a new section to read as follows: Section 426 - Public Commercial Wireless Telecommunication Services Antennas and Towers 426.01. Purpose. Subdivision 1. The purpose of this ordinance is to provide for the safe installation and usage of public commercial wireless telecommunication services (CWTS) towers and antennas. The provisions of this section are intended to protect the health, safety and general welfare of the community, while providing for well designed and efficient telecommunications systems. The provisions are intended to minimize the adverse visual effects of towers through careful design and siting standards, to avoid potential dams eg togjacent properties from tower failure through structural standards and setback requirements, and to maximize the use of existing towers and buildings to accommodate antennas and reduce the number of towers needed to serve the community. 426.03. Definitions. Subdivision 1. For the purposes of this section and the zoning code of the city, the terms defined in this subsection have the meanings given them. Subd. 2. "Commercial Wireless Telecommunication Services" means any licensed telecommunication services including cellular, personal communication services (PCS), specialized mobilized radio (SMR), enhanced specialized mobilized radio (ESMR), paging, and similar services that are marketed to the public. Subd. 3. "CWTS Antenna" means any structure or device which transmits and receives electromagnetic waves, including but not limited to directional antennas such as panels, microwave dishes, satellite dishes, an d omni-directional antennas. Subd. 4. "CWTS Tower" means any pole, spire, structure, or combination thereof, including supporting lines, cables, wires, braces, and masts, intended primarily for the purpose of mounting an antenna or similar W2aratus above grade, for the purpose of provide CWTS to the public. 426.05. Location. Subdivision 1. The requirements in this subsection apply to CWTS towers and antennas erected, constructed, placed, re-erected or replaced in the City. Subd. 2. CWTS towers and related equipment shall be allowed in the following zoning districts with a conditional use permit: a) C-2, C-3, MR-3 and I districts; b) R district on church, park, government, school, utility and institutional sites; and c) Planned unit development districts as approved in the final development plan. Subd. 3. CWTS towers and related equipment in the C-2 C-3, MR-3 and I districts shall be allowed in the rear yard and in an interior side yard provided that the side yard property line abuts another commercially or industrially zoned property. Subd. 4. CWTS towers and related equipment in the R district, as conditionally permitted in Subd. 2 (b). shall be allowed only in the rear ygrds. Subd. S. CWTS antennas shall be allowed as an accessory use in the following zoning districts: a) MR-3, C-1, C-2, C-3 and I districts: b) R district on church, park, government, school, utility and institutional sites: and c) Planned unit development districts with administrative approval by the Community Development Director. P-A) 426.07. CWTS Tower Performance Standards. Subdivision 1. These performance standards apply to any CWTS tower that is erected, constructed, placed, re-erected or replaced in any zoning district in the city. Subd. 2. Minimum setback requirements: a) Towers in the C-2, C-3, MR-3 and I districts shall meet the setback requirements for an accessory structure for the underlying district. b) Towers in the R district shall meet the setback requirements for a non-residential accessory structure for the underlying district. c) In addition to the setback requirements in Section 426.07, Subd. 2 (a) and (b), towers in the C-2, C-3, I and R districts shall have a setback from residential uses a distance equal to 1.5 times the height of the tower. d) In addition to the setback requirements in Section 426.07, Subd. 2 (a), towers in the MR-3 district shall have a setback from residential uses a distance equal to 1.5 times the height of the tower. The setback from anv residential use that exists on the property in the MR-3 district on which the tower is located shall be measured from the tower to the residential structure. e) The City Council, at its discretion, may reduce the required setback to allow the integration of a tower into an existing or proposed structure or feature such as a church steeple, light standard, power line support device, sports stadium or similar structure or feature. Subd. 3. Height. The maximum height of a tower, including all antennas and other attachments. shall not exceed 150 feet. is Subd. 4. Sig_nage. No sipage is permitted on a tower except applicable warning and equipment information signaequired by the manufacture or by federal, state or local authorities. Subd. 5. Lighting. Towers and related antennas shall not be artificially lighted unless it is required by the Federal Aviation Administration or other federal or state authority. When incorporated into the approved design of the towers, light fixtures used to illuminate ball fields, parking lots, or similar areas may be attached to the tower. Subd. 6. Desig Requirements. Proposed or modified towers shall meet the following design requirements: a) Towers shall be of a neutral color and designed to minimize visibility and blend into the surrounding environment except in cases where color is dictated by the Federal Aviation Administration or other federal or state authority. b) Towers shall be of a monopole design unless the City Council, at its discretion, approves an alternative design. Subd. 7. Co-location. All towers shall comkly with the following requirements: a) If a tower exceeds 75 feet in height: the tower shall be designed to structurally accommodate the owner's antennas and at least one additional user unless the additional height required for an additional user is prohibited by the Federal Aviation Administration. The conditional use permit application should include technical information demonstrating that the tower can accommodate a second user: is b_) Shared use of existing towers or structures shall be preferred to the construction of a new . tower. A proposal for a new telecommunications tower shall not be approved unless the City q Council fords that the telecommunications equipment planned for the proposed tower cannot be accommodated on an existing or approved tower or on a building over 75 feet in height within a one-half mile search radius. The applicant must demonstrate that the proposed antennas cannot be accommodated on an existing tower or structure due to one or more of the following reasons: (i) the unwillingness of the owner of the existing structure or tower to co-locate an additional antenna: (ii) the planned antenna would exceed the structural capacity of existing and approved towers and facilities: (iii) the planned antenna would cause radio frequency interference with other existing or planned equipment, which cannot reasonably be prevented: (iv) other reasons affecting technical performance, system coverage, and system capacity make it impractical to place the equipment proposed on existing structures or towers: and/or (v) other unforeseen reasons that make it unfeasible to locate the planned equipment on an existing or approved tower or building. 426.09. CWTS Antenna Performance Standards. Subdivision 1. These performance standards apply all CWTS antennas that are erected, constructed, placed, re-erected or replaced in any zoning district in the city. Subd. 2. Height. The maximum height of an antenna is 15 feet without a conditional use permit. Subd. 3. Signage. No advertising merge shall be on the antenna structure. Subd. 4. Screening. Such structures shall be screened from adjacent residential uses and street rights-of way. Screening shall include materials compatible with those utilized on the exterior of the building for roof mounted antenna structures. Screening plans shall be approved by the Community Development Director. Subd. 5. Lighting. Towers and antennas shall not be artificially lighted unless it is reauired by the Federal Aviation Administration or other federal or state authority. 426.11. Accessory Buildings and Equipment. All buildings and structures accessory to a tower shall be architecturally designed to blend in with the surrounding environment and shall meet the minimum setback requirements of the applicable zoning district. Ground mounted equipment shall be screened from view by vegetation or other means of screening as approved by the Community Development Director. 426.13. Abandonment. All obsolete or unused towers and related antennas and equipment shall be removed within twelve months of the cessation of operations, unless a time extension is approved by the City Council. If a time extension is not approved and the tower is not removed within twelve months, the tower may be deemed a nuisance pursuant to Section 925 of the City Code. In the event a tower is determined to be a nuisance, the tower and associated facilities may be removed by tiy and the costs of removal assessed against the property. 426.15. Interference. All new or existing telecommunications service shall comply with all relevant Federal Communication Commission standards and shall not interfere with public safety and other city telecommunications. At the discretion of the Director of Public Safety, the owner of a telecommunications service MU be required to submit an inter-modulation study which provides a technical evaluation of existing and proposed transmissions and indicates all potential interference problems. 426.17. Health-Related Standards. Antennas placed upon a tower shall be subject to state and federal regulations 0 pertaining `to nonionizing radiation and other health hazards related to such facilities. If new, more restrictive q-U standards are adopted, the antennas shall be made to comply or continued operations may be restricted by the City Council. Section 426.19. Support of Public Warning Systems. Telecommunications operators that utilize towers that are erected after the effective date of this ordinance shall participate in the Emergency Alert System (EAS), as defined by FCC Rules and Regulations, Part 11, by broadcasting warnings of severe weather and other life threatening emergencies to users of personal communications equipment served by the tower. Telecommunications operators may be exempt from the requirements of this subdivision under the following circumstances: a) The telecommunications operator demonstrates that participation in EAS is not technologically feasible- b) The telecommunications operator is unable to acquire any FCC waivers or exemption from licensing or other regulations that would prohibit participation in EAS; or c) The state or regional EAS planning committees determine that participation in EAS by the telecommunications operator is not necessary: 426.21. Permits. Subdivision 1. Required. Except as provided in subdivision 3. no person my a erect, construct, place, re-erect, reconstruct or replace an antenna or tower in the city without first making application for and obtaining a permit therefor from the building official. Subd. 2. Information. The applicant for the permit shall provide at the time of application sufficient information to indicate that the erection, construction, placement, re-erection, reconstruction or replacement of an antenna or tower will not create a safety hazard or damage to the property of other persons. In addition, the applicant shall submit a copy of the lease agreement between the applicant and the property owner to the City Assessor. Subd. 3. Certification. Towers shall be certified by a qualified and licensed professional engineer to conform to the latest structural standards of the Uniform Building Code and the Electronics Industry Association. Subd. 4. Exceptions. Permits are not required for the adjustment, repair or replacement of elements of the antenna or tower, provided such adjustment repair or replacement does not reduce the safety factor. 426.23. Construction. Subdivision 1. Wind. Towers with antennas shall be designed to withstand applicable wind load requirements as prescribed in the state building code. Subd. 2. Treatment. Towers shall be constructed of or treated with corrosive resistant material. Subd. 3. Climbing. A tower affixed to the ground shall be protected to discourage climbing of the tower by unauthorized persons. Subd. 4. Appurtenant structures. No antenna or tower shall have affixed or attached to it, in any way, any catwalk, crow's nest or like structure, except during periods of construction or repair. 426.25. Non-conforming installations. Subdivision 1. General rule. Antenna and towers in existence on November 1, 1996 which do not conform to or comply with this section may continue to exist for the purpose now used but may not be replaced or structurally altered except as provided in subdivision 2 without complying with this section. Subd._ 2._ -Replacement. If a non-conforming tower or antenna is damaged or destroved the tower or antenna ma be and restored to its former use, location and physical dimensions upon obtaining a building _permit therefor, but without otherwise complying with these regulations, provided, however, that the cost of repairing the tower to its former use, size or location does not exceed 50 percent of the cost of a new tower of like kind or quality. a1-13 426.27. Variances. The council MU grant variances to the literal provisions of this section, except for Section 426.05 in the same manner and subiect to the same requirements that apply to variances granted under section 546 of the zoning code. 0 0 9-I4 Section 3. Section 521 of Appendix B to the Richfield City Code entitled "Zoning: Residential Districts" is amended by amending Section 521.05, Subds. 5, 11 and 13; Section 521.07, Subds. 8, 9 and 10; Section 521.83, Subds. 9 and 10; and Section 521.85, Subds. 6, 7 and 8 to read as follows: 521.05. Accessory uses. Subdivision 1. The uses listed in this subsection are allowable accessory uses in the R District. Subd. 2. Private garages which do not exceed 1,000 square feet in gross floor area, and which do not exceed an aggregate of 1,200 square feet in gross floor area when combined with all other accessory buildings and attached garages on the lot. Subd. 3. Greenhouses which do not exceed 175 square feet in gross floor area, and which do not exceed an aggregate of 1,200 square feet in gross floor area when combined with all other accessory buildings and attached garages on the lot, and further provided that no sale of products is conducted on the lot. Subd. 4. Storage buildings which do not exceed 175 square feet in gross floor area, and which do not exceed an aggregate of 1,200 square feet in gross floor area when combined with all other accessory buildings and attached garages on the lot. Subd. 5. Utility buildings and structures accessorv to telecommunications towers and antennas which do not exceed 350 square feet in gross floor area and which comply with the setback requirements for a non-residential accessory structure in the R district Subd. 56. Gazebos which do not exceed 175 square feet in gross floor area, and which do not exceed an aggregate of 1,200 square feet in gross floor area when combined with all other accessory buildings and attached garages on the lot. Subd. 67. Carports which do not exceed an aggregate of 1,200 square feet in gross floor area when combined with all other accessory buildings and attached garages on the lot. Subd. -78. Private swimming pools as defined in Section 420 of the City Code, provided that such swimming pools and related equipment be located (i) at least ten feet from any rear lot line, (ii) at least ten feet from any interior side lot line, (iii) at least 15 feet from any streetside side lot line, and (iv) at least six feet from the principal building and any non-pool related accessory structure. Subd. 89. Licensed day care facilities serving 12 or fewer persons, or group family day care facilities licensed under Minnesota Rules, parts 9502.0315 to 9502.0445 serving 14 or fewer persons, or as otherwise permitted by law. Subd. 910. Licensed foster family homes serving six or fewer children, or as otherwise permitted by law. Subd. 101. Private driveways, parking areas, and sidewalks for residential uses, provided the following conditions are met: a) all such driveways, parking area's, and sidewalks shall be set back no less than one foot from any lot line abutting another parcel, except that upon written request from the landowner, the Director may reduce or rescind this setback requirement for shared access agreements or with a finding of necessity and public convenience; b) all such driveways, parking areas, and sidewalks shall be constructed with concrete, asphalt, concrete pavers, brick set in compacted sand, or other material approved by the Director; c) unless the Director authorizes a greater amount for landscape purposes, the maximum impervious surface coverage within the front yard area shall comply with the following table: Lot Width Maximum Impervious Coverage Within the Front Yard Area 50 feet or less: 50% 51-60 feet: 48% 61-70 feet: 46% 71-80 feet: 44% over 80 feet: 42% d) within the front yard area, no more than three parking spaces shall be permitted -- the area between each garage stall and the street shall count as one parking space; e) driveways, where located within the boulevard, are subject to the following requirements: (i) they shall not exceed 22 feet in width (curb cut radii excluded); (ii) curb cut radii (five feet minimum) shall not encroach upon the boulevard of abutting properties; (iii) on corner lots, driveways shall be set back at least 30 feet from an intersection, as measured from the point where the extended curb lines of the streets intersect; (iv) only one curb cut shall be permitted from a public street to an interior lot. A corner lot may have one curb cut from each public street, provided the driveway setback requirement in item (iii) above is met; and (v) upon written request from the landowner, items (i), (ii), (iii), and (iv) above may be varied by the Director with a finding of necessity and public convenience. q - go f) driveways, parking areas, and sidewalks legally existing on or before December 31, 1993, may continue to exist and to be repaired and maintained, except that upon full replacement, such driveway, parking area, or sidewalk shall comply with this subdivision; and g) any expansion or installation of a driveway, parking area, or sidewalk on a lot shall be subject to a City permit. Subd. 1-12. Satellite dish antennas and other antennas and towers that are incidental to the principal use on the premises (not including those antennas and towers owned and operated by a telecommunications company) provided that they conform to Section 425 of the City Code and that they do . single grouped leeatien; b) no uuv?. ...7......?:..:«.. «. shat be on the ante ma street •r-e• v? , e) stieh stfuetur-es shall be sefeened to the greatest extent praefieable to 7 eempatible with these utilized oft the emerief of the building for fee Direeter; an4 4)-sueh of ff me stfuett-fes---?not extend higher than fifteen ten feet above the highest point of the r-ee from the antenna or related structure's point of contact with the ground or rooftop to the highest point of the antenna, except as provided for in Section 521.07, Subd. 8 of this code. Subd. 13. Commercial Wireless Telecommunication Service (CWTS) antennas and related features, the use of which is not incidental to the principal use. provided that they meet the following rye uirements: a) they conform to Section 426 of the Cites b) they are located in the following residentially zoned locations: church park government, school, utility and institutional sites; c) they are located on the rooftop or near the roof-line, and d) they do not extend higher than fifteen feet from the antenna or related structure's point of contact with the building to the highest point of the antenna, except as provided for in Section 521.07, Subd. 9 of this code. Subd. 124. The accommodation of one roomer in addition' to the family, provided that: (i) the roomer plus the family shall not exceed a total of five persons; (ii) such arrangement does not constitute an accessory apartment; and (iii) adequate off-street parking is available (see definition of family). q_J ? Subd. 135. Home occupations which are operated in accordance with Section 511.21 of this code. Subd. 146. Fences, walls, and hedges as permitted in Section 511.23 of this code. Subd. 157. Gardening, provided no sale of products is conducted on the lot. Subd. 168. Parking for non-residential principal uses (e.g., schools or churches), as authorized by a Council approved off-street parking permit. Subd. 1-79. Other uses customarily associated with, but incidental to the principal use, as determined by the City pursuant to Section 511.05 of this code. 521.07. Conditional uses. Subdivision 1. The uses listed in this subsection are conditional uses in the R District, and are subject to the conditional use permit provisions outlined in Section 546.05 of this code. Subd. 2. Licensed residential care facilities or community based residential care facilities serving seven or more persons, or such facilities which are located within 1/4 mile of another such facility. Care facilities located within the R District shall be subject to the same zoning regulations as single family dwellings in the R District. Subd. 3. Accessory day care facilities serving more than 12 persons licensed by the . appropriate governmental authorities, or accessory group family day care facilities licensed under Minnesota Rules, parts 9502.0315 to 9502.0445 serving more than 14 persons, or as otherwise permitted by law, provided such facilities are located in non- residential buildings (e.g., schools or churches) and the following conditions are met: a) parking lot setback and screening shall comply with the Richfield Landscape Requirements, on file with the Office of Community Development; b) designated pick-up and drop-off areas shall be located on the site; and c) outdoor play areas shall be set back at least 15 feet from any lot line which abuts a residential parcel. Subd. 4. Accessory foster family homes licensed by the appropriate governmental authorities serving more than six children, or as otherwise permitted by law. Subd. 5. Private non-commercial recreational facilities as a principal use. Subd. 6. Two family dwellings, provided the following conditions are met: a) the lot shall abut an arterial or collector street; b) the lot area, width, and depth shall comply with Section 521.09, Subd. 2 of this code; (?_lg • c) two off-street parking spaces, one of which must be enclosed in a garage, shall be provided for each dwelling unit; d) driveway access to the property from public streets shall be allowed in accordance with Section 521.05, Subd. 10, paragraph e), item (iv); e) for new construction each dwelling unit shall contain at least 750 square feet of interior floor space, and for conversion of a single family dwelling to a two family dwelling each unit shall contain at least 500 square feet of interior floor space. For the purpose of this subsection, interior floor space shall include the total horizontal area of the dwelling unit as measured from the interior walls of the unit; and f) the structure shall meet all setback requirements for two-family dwellings as indicated under Section 521.11, except that a single family dwelling which does not meet the required two family interior side setback may be converted into a two-family dwelling if the dwelling is not expanded or if the expansion meets all applicable two family dwelling requirements. Subd. 7. Bed and breakfast inns, provided the following conditions are met: a) no more than two rental rooms shall be provided; b) at least two off-street parking spaces (may include garage stalls) shall be provided for the residence, and at least one off-street parking space shall be provided on the lot for each rental room; c) the use shall be contained within a single family detached dwelling; d) outdoor parking areas shall be screened with landscape materials; and e) the operator shall secure all applicable licenses and approvals from the city, county, state, or other applicable jurisdictions before the conditional use permit will become effective. Subd. 8. Accessory roof-mounted antennas which extend higher than ten fifteen feet above the highest point of the roof from the antenna or related structure's point of contact with the building to the highest point of the antenna (not including those antennas that are owned and operated by a telecommunications compan X), provided that they conform to Section 425 of the City Code. Subd. 9. CWTS antennas and related -features which extend higher than 15 feet from the antenna or related structure's point of contact with the building or rooftop to the highest point of the antenna, provided that they conform to the requirements of Section 426 of the City Code. Subd. 10 CWTS towers and related features, provided that they conform to Section Is 426 of the City Code and that they are located in the following residentially zoned locations: church, park, government, school, utility and institutional sites. Subd. 911. Public or private elementary and high schools, and other similar learning institutions, provided the following conditions are met: a) pick-up and drop-off areas shall be designed to enhance vehicular and pedestrian safety; b) outdoor recreational facilities designed for group activities shall be set back at least 40 feet from any lot line; c) buffering shall be provided to mitigate noise and adverse visual impacts on adjacent properties; and d) lighted playing fields shall be permitted only upon demonstration that off- site impacts can be substantially mitigated. Subd. 102. Cemeteries (may include mausoleums and crematories), provided the following conditions are met: a) the lot area shall be not less than five acres; b) direct views from all abutting residential property shall be buffered in accordance with the Richfield Landscape Requirements, on file with the Office of Community Development; c) the use shall abut an arterial or collector street and access shall be achieved without conducting significant traffic on local residential streets; and d) any crematory shall be set back not less than 600 feet from any lot line. Subd. 1-13. Religious institutions and related convents or parsonages, provided the following conditions are met: a) outdoor facilities designed for group activities shall be set back at least 40 feet from any lot line; and b) buffering shall be provided to mitigate noise and adverse visual impacts on adjacent properties. Subd. 134. Emergency shelters within non-residential buildings (e.g., schools or churches) provided the following conditions are met: a) the shelter shall serve no more than 16 persons at one time; and b) meals for those served by the shelter shall be prepared in a kitchen approved for commercial use. 0 Subd. 135. Major public utilities. q-ao Subd. 146. Other uses similar to those conditionally permitted by this section, as determined by the City pursuant to Section 511.05 of this code. • 0 Q-cz I 521.83. Accessory uses. Subdivision 1. The uses permitted in this subsection are allowable accessory uses in the MR-3 District. Subd. 2. Parking, as authorized by a Council approved off-street parking permit. Subd. 3. Garages for any residential structure, provided they are located in a common building or space approved by the City under a uniform plan. Subd. 4. Swimming pools subject to Section 420 of the City Code, tennis courts, and similar recreational facilities. Subd. 5. Storage buildings designed for common use by residents or members of the homeowners association or similar organization, or for use by the maintenance staff for storage or as a workshop associated with normal upkeep of the property. Subd. 6. One leasing, sales, or management office per development, provided it is used solely for leasing, sales, or management of units within the development, does not exceed 2,000 square feet of floor area, and is an integral part of the development. Subd. 7. Licensed family day care homes serving three or fewer persons, or group family day care facilities licensed under Minnesota Rules, parts 9502.0315 to 9502.0445 serving six or fewer persons, or as otherwise permitted by law. Subd. 8. Licensed foster family homes serving three or fewer children, or as otherwise permitted by law. Subd. 9. Satellite dish antennas and other antennas and towers that are incidental to the principal use on the premises, provided that they conform to Section 425 of the City Code and ineet the following additienal . single grouped leeation where pessible,- lade-maEeFWs--€er- r-eundm etinted emema s"eures fer-iaL fn g eem atible with the oHi d ? A a th m i f h b ildi f p se t ze en e e er- er- o t e u ng or- r-ee Di=eeter-; aftd that they do not extend higher than fifteen tea feet above the highest poiftt of the reef from the antenna's or related structure's point of contact with the building to the highest point of the antenna, except as provided for in Section 521.85, Subd. -76 of this code. 9-0-)a . Subd. 10. Commercial Wireless Telecommunication Services (CWTS) 14antennas and related features , the use of which is not incidental to the principal use; provided that they conform to Section 4236 of the City Code, are located on the rooftop or near the roof-line, se ese ffe ptNie -view to the exlew possible, do net ee&r-y a&effising , and do not extend higher than ten fifteen feet above the highest point of the rree from the antenna's or related structure's point of contact with the building to the highest point of the antenna, except as provided for in Section 521.85, Subd. 7 of this code. Subd. 11. Home occupations which are operated in accordance with Section 511.21 of this code. Subd. 12. Fences, walls, and hedges as permitted in Section 511.23 of this code. Subd. 13. Other uses customarily associated with, but incidental to the principal use, as determined by the City pursuant to Section 511.05 of this code. 521.85. Conditional uses. Subdivision 1. The uses listed in this subsection are conditional uses in the MR-3 District, and are subject to the conditional use permit provisions outlined in Section 546.05 of this code. Subd. 2. Multi-family dwellings with more than 20 units. • Subd. 3. Licensed residential care facilities or community based residential care facilities serving seven or more persons, or such facilities which are located within 1/4 mile of another such facility. Care facilities located within the MR-3 District shall be subject to the same zoning regulations as two family dwellings in the MR-3 District. Subd. 4. Accessory day care facilities serving more than three persons licensed by the appropriate governmental authorities, or accessory group family day care facilities licensed under Minnesota Rules, parts 9502.0315 to 9502.0445 serving more than six persons, or as otherwise permitted by law, provided such facilities are located in common areas of multi-family buildings and the following conditions are met: a) designated pick-up and drop-off areas shall be located on the site; and b) outdoor play areas shall be set back at least 15 feet from all lot lines and buffering shall be provided to mitigate noise and adverse visual impacts on neighboring properties. Subd. 5. Accessory foster family homes licensed by the appropriate governmental authorities serving more than three children, or as otherwise permitted by law. Subd. 6. Accessory Rroof-mounted antennas which extend higher than tefrfifteen feet above the hi"..est point of the ree from the antenna's or related structure's point of contact with the building to the highest point of the antenna, provided that they conform to Section 425 of the City Code. • Subd. 7. CWTS antennas and related features which extend higher than 15 feet from the antenna's or related structure's point of contact with the building to the highest point of the antenna, provided that they conform to the requirements of Section 426 of the City Code. Subd. 8. CWTS towers and related features, provided that they conform to Section 426 of the City Code. Subd. ;?9. Major public utilities. Subd. 810. Other uses similar to those conditionally permitted by this section, as determined by the City pursuant to Section 511.05 of this code. L 0 q-d-q Section 4. Section 526 of Appendix B to the Richfield City Code entitled "Zoning: Commercial Districts" is amended by amending Section 526.05, Subds. 6 and 7; Section 526.07, Subds. 9 and 10; Section 526.25, Subds. 5 and 6; and Section 526.27, Subds. 26, 27 and 28 to read as follows: 526.05. Accessory uses. Subdivision 1. The uses listed in this subsection are allowable accessory uses in the C-1 District. Subd. 2. One accessory building which is 750 square feet or less in gross floor area. Subd. 3. Parking, as authorized by a Council approved off-street parking permit. Subd. 4. Assembly or warehouse operations incidental to a permitted or conditional use, provided such use occupies no more than 30 percent of the gross floor area of the principal building. Subd. 5. Apartments within commercial buildings, provided such use occupies not more than 50 percent of the gross floor area of the principal building unless provided for under Section 526.07, Subd. 6. Subd. 6. Accessory Ssatellite dish antennas and other antennas and towers that are incidental to the principal use on the premises, provided that they conform to Section 425 of the City Code and fneet the following additional . a) if mefe than one sueh stfuetufe is proposed, diey shall be eltistefed in -a single grouped leeatieft whefe possible; tili d ibl i h h f th b ildifi f r- r-ee th t i - ze on eeffipat e w t t ese u e u g o e ex er er o Dir-eeter d) seek reef mettnted -shcaul that the o not extend higher than " fifteen feet above the highest peim of the ree from the antenna or related structure's point of contact with the building to the highest point of the antenna, except as provided for in Section 526.07, Subd. 9 of this code. Subd. 7. Commercial Wireless Telecommunication Services (CWTS) antennas and related features, the use of which is not incidental to the principal use, provided that they conform to Section 426 of the City Code, are located on the rooftop or near the roof-line, screened from public view to the extent possible, and do not extend higher than fifteen feet from the antenna or related structure's point of contact with the building to the highest point of the antenna, except as provided for in Section 526.07, Subd. 10 of this code. ?r Subd. 78. Fences, walls, and hedges as permitted in Section 511.23 of this code. Subd. 89. Other uses customarily associated with, but incidental to the principal use, as determined by the City pursuant to Section 511.05 of this code. 526.07. Conditional uses. Subdivision 1. The uses listed in this subsection are conditional uses in the C-1 District, and are subject to the conditional use permit provisions outlined in Section 546.05 of this code. Subd. 2. Neighborhood shopping centers or similar multi-tenant developments with over 6,000 square feet of gross floor area, provided the following conditions are met: a) the lot shall abut an arterial or collector street; and b) the Council shall find that the center or development and its proposed uses are designed specifically to serve the residents of the neighborhood area. Subd. 3. Neighborhood retail, service, and office establishments (excluding those listed in Section 526.09) with over 2,500 square feet of gross floor area, provided the Council finds that the use is designed specifically to serve the residents of the neighborhood area. Subd. 4. Class II (traditional/cafeteria) restaurants and Class IV (take out only) restaurants, provided the following conditions are met: a) the gross floor area of the restaurant shall not exceed 2,000 square feet; b) drive-up window service and exterior loudspeakers shall not be permitted; c) alcoholic beverages shall not be served; and d) no more than two such restaurant uses shall be provided within a neighborhood shopping center or similar multi-tenant development. Subd. 5. Automobile detailing establishments licensed under Section 1195 of the City Code. Subd. 6. Apartments within commercial buildings which exceed 50 percent of the gross floor area. Subd. 7. Licensed day care facilities, provided the following conditions are met: a) pick-up and drop-off areas shall be located on the site, and shall be designed to avoid interfering with traffic and pedestrian movements; b) outdoor recreational areas shall be located and designed in a manner which mitigates visual and noise impacts on any abutting residential parcels; and 16 c) such facilities shall obtain all applicable state, county, and city licenses. 9-a?o Subd. 8. Multi-family dwellings that comply with the MR-2 District provisions and requirements, as set out in Section 521.59 of this code. Subd. 9. Accessory Rroof-mounted antennas which extend higher than " fifteen feet from the antenna or related structure's point of contact with the building to the highest point of the antenna, provided that they conform to Section 425 of the City Code. Subd. 10. CWTS antennas and related features which extend higher than fifteen feet from the antenna or related structure's point of contact with the building to the highest point of the antenna. provided that they conform to Section 426 of the City Code. Subd. 101. Major public utilities. 0 q-?'7 526.25. Accessory uses. Subdivision accessory uses in the C-2 District. The uses listed in this subsection are allowable Subd. 2. Parking, as authorized by a Council approved off-street parking permit. Subd. 3. Assembly, light manufacturing, or warehouse operations incidental to a permitted or conditional use, provided such use occupies not more than 50 percent of the gross floor area of the principal building or not more than 2,000 square feet, whichever is greater. Subd. 4. Apartments within commercial buildings, provided such use occupies not more than 50 percent of the gross floor area of the principal building unless provided for under Section 526.27, Subd. 24. Subd. 5. Satellite dish antennas and other antennas and towers that are incidental to the principal use on the lot, provided that they conform to Section 425 of the City Code and that they do ineet the "Iewing additional requirements! . a) if more than one stieh stfueture is proposed, d" shall be elustefed ift-a not extend higher than teft fifteen feet above the highest point of the from the antenna's point of contact with the building to the highest point of the antenna, except as provided for in Section 526.27, Subd. 26 of this code. Subd. 6. Commercial Wireless Telecommunication Services (CWTS) antennas and related features , the use of which is not incidental to the principal use; provided that they conform to Section 4236 of the City Code, are located on the rooftop or near the roof-line, °er ene fie- publie view to the extent , and do not extend higher than fen fifteen feet abeve the hib. est point of the fee from the antenna's point of contact with the building to the highest point of the antenna, except as provided for in Section 526.27, Subd. 267 of this code. Subd. 7. Fences, walls, and hedges as permitted in Section 511.23 of this code. Subd. 8. Other uses customarily associated with, but incidental to the principal use, as determined by the City pursuant to Section 511.05 of this code. q-cu 526.27. Conditional uses. Subdivision 1. The uses listed in this subsection are conditional uses in the C-2 District, and are subject to the conditional use permit provisions outlined in Section 546.05 of this code. Subd. 2. Shopping centers or similar multi-tenant developments with over 100,000 square feet of gross floor area. Subd. 3. Retail, service, and office uses with over 50,000 square feet of gross floor area, unless located within a shopping center or other multi-tenant development. Subd. 4. Funeral homes, provided the lot abuts an arterial or collector street. Subd. 5. Theaters, provided the following conditions are met: a) for theaters located within shopping centers or otherwise utilizing a shared parking arrangement, the applicant shall submit an analysis of parking demand versus availability for review and approval by staff (additional parking may be required based on this review); and b) free standing theaters shall only be permitted when it can be demonstrated that vehicular ingress and egress may be accomplished without creating undue traffic congestion on area roadways. Subd. 6. Uses which provide drive-up window or teller service, (excluding Class III restaurants) provided the following conditions are met: a) a buffer yard of not less than 20 feet in width shall be provided to separate drive-up facilities and related queuing areas from any lot line -- if the drive- up facility or queuing area abuts a commercial use or public right-of-way, the Council may reduce the buffer yard to not less than 10 feet; b) queuing space for at least four cars (70 feet) shall be provided per drive-up service lane, as measured from but not including the first drive-up service window or teller station -- such queuing space shall not interfere with parking spaces or traffic circulation; c) alcoholic beverages shall not be served; and d) exterior speakers shall comply with the noise control limits set by Section 930 of the City Code. Subd. 7. Class I (full service) restaurants and Class II (traditional/cafeteria) restaurants, provided the following conditions are met: a) a buffer yard of not less than 25 feet in width shall be,provided to separate all aspects of such use from abutting residential parcels -- the Council may reduce this requirement to not less than 15 feet if significant additional landscaping and berming are provided to screen the restaurant use; and Q-dq b) alcoholic beverages shall not be served unless the lot abuts an arterial or collector street. Subd. 8. Class III (fast food/convenience/drive-in) restaurants, provided the following conditions are met: a) a buffer yard of not less than 30 feet in width shall be provided to separate all aspects of such use from abutting residential parcels -- the Council may reduce this requirement to not less than 20 feet if significant additional landscaping and berming are provided to screen the restaurant use; b) queuing space for at least four cars (70 feet) shall be provided, as measured from but not including the order station -- such queuing space shall not interfere with parking spaces or traffic circulation; c) any drive-up service window, exterior order station, or exterior loudspeaker shall be located at least 150 feet from any residential parcel; d) exterior speakers shall comply with the noise control limits set by Section 930 of the City Code; e) the applicant shall demonstrate that such use will not significantly lower the existing level of service on streets and intersections; and • f) alcoholic beverages shall not be served. Subd. 9. Hotels/motels, provided the following conditions are met: a) a buffer yard of not less than 35 feet in width shall be provided to separate all aspects of such use from abutting residential parcels -- the Council may reduce this requirement to not less than 25 feet if significant additional landscaping and berming are provided to screen the hotel/motel use; and b) access to the site shall be only from arterial or collector streets. Subd. 10. Hospitals and medical clinics, provided the following conditions are met: a) the use site shall abut an arterial or collector street; and b) a buffer yard of not less than 25 feet in width shall be provided to separate all aspects of such use from any abutting parcel. Subd. 11. Auto or boat sales/lease lots, provided the following conditions are met: a) the business shall be licensed under Section 1155 of the City Code; b) the use site shall not abut a lot which is in the R or R-1 District -- for the Is purpose of this subdivision, a lot which merely adjoins the use site at one corner shall not be deemed to abut the use site; 9 3v c) a ,buffer yard of not less than 15 feet in width shall be provided to separate all aspects of such use from abutting parcels; d) landscaping for the site, including display areas, shall meet the City of Richfield Landscape Requirements, on file with the Office of Community Development; e) inoperable vehicles shall not be stored on the premises, except in appropriately designed and screened areas as approved by the City; f) parking of vehicles on public right-of-way shall be prohibited; g) all repair, assembly, disassembly, maintenance, and detailing of vehicles shall occur within an enclosed building, except minor maintenance such as tire inflation or adding windshield wiper fluid; and h) any exterior speaker shall comply with the noise control limits set by Section 930 of the City Code. Subd. 12. Service stations, service station/convenience stores, and conversion of a service station to a service station/convenience store, provided the following conditions are met: • a) the business shall be subject to the provisions of Section 1150 of the City Code; b) the use site shall not abut a lot which is in the R or R-1 District -- for the purpose of this subdivision, a lot which merely adjoins the use site at one corner shall not be deemed to abut the use site; c) the use site shall not be located within 300 feet of the grounds of a school, church, or hospital; d) a buffer yard of not less than ten feet in width shall be provided to separate all aspects of such use from abutting parcels; e) vehicles which are waiting for repair shall be stored in appropriately designed and screened areas as approved by the City; f) parking of vehicles on public right-of-way shall be prohibited; g) any repair, assembly, disassembly, or maintenance of vehicles shall occur within an enclosed building, except minor maintenance such as tire inflation, adding oil, or adding windshield wiper fluid; h) the minimum frontage on any street shall be 120 feet and the minimum area of the site shall be 12,000 square feet; Q-3 1 i) any exterior speaker shall comply with the noise control limits set by Section 930 of the City Code; j) queuing space of at least 20 feet shall be provided in front of the pump island in each direction in which access can be gained to the pump -- this required space shall not interfere with internal circulation patterns or with designated parking areas, and shall not be permitted in any public right-of- way, private easement, or within the required parking lot setback; k) pump islands shall be located not less than 20 feet from any property line; 1) if the use is not located on a county road or state highway, it shall not be operated between the hours of 11:00 p.m. and 6:00 a.m. of the following day; and m) canopies shall comply with the following regulations: (i) the canopy may extend up to twelve feet beyond the center line of the pump island toward the street, but in no instance shall a canopy be located closer than six feet from any lot line; (ii) only one canopy shall be permitted per station, unless the station is located on a corner lot, in which case two canopies may be permitted; (iii) the canopy shall be at least 14 feet in height, but not greater than 16 feet in height; (iv) no signage of a permanent or temporary nature may be placed on a canopy; and (v) all canopy lighting shall be recessed into the canopy ceiling. Subd. 13. Automobile detailing establishments licensed under Section 1195 of the City Code. Subd. 14. Car washes licensed under Section 1125 of the City Code. Subd. 15. Accessory car washes, provided the following conditions are met: a) a buffer yard of at least 15 feet in width shall be provided to separate such car wash facilities and related queuing areas from any abutting residential parcel or street right-of-way; b) queuing space for at least six cars (105 feet) shall be provided, as measured from but not including the wash station -- such queuing space shall not interfere with parking spaces or traffic circulation; Q `3 a c) the car wash and site shall be designed to prevent icing and muddying of public streets; d) the driveway between the exit door of the car wash and the street right-of- way shall be at least 40 feet in length; and e) the car wash shall comply with the noise control limits set by Section 930 of the City Code. Subd. 16. Public-mechanical garages, provided the following conditions are met: a) the use site shall not abut a lot which is in the R or R-1 District -- for the purpose of this subdivision, a lot which merely adjoins the use site at one corner shall not be deemed to abut the use site; b) the use site shall not be located within 300 feet of the grounds of a school, church, or hospital; c) a buffer yard of not less than ten feet in width shall be provided to separate all aspects of such use from any abutting parcel; d) vehicles which are inoperable shall not be stored on the premises, except in appropriately designed and screened areas as approved by the City; e) parking of vehicles on public right-of-way shall be prohibited; f) if the use is not located on a county road or state highway, it shall not be operated between the hours of 11:00 p.m. and 6:00 a.m. of the following day; and g) all repair, assembly, disassembly, and maintenance of vehicles shall occur within an enclosed building, except minor maintenance such as tire inflation or adding windshield wiper fluid. Subd. 17. Public-auto body garages, provided the following conditions are met: a) the use site shall not abut a lot which is in the R, R-1, or MR-1 District -- for the purpose of this subdivision, a lot which merely adjoins the use site at one corner shall not be deemed to abut the use site; b) the use site shall not be located within 300 feet of the grounds of a school, church, or hospital; c) a buffer yard of not less than 15 feet in width shall be provided to separate all aspects of such use from any abutting parcel; d) vehicles which are inoperable shall not be stored on the premises, except in appropriately designed and screened areas as approved by the City; q -33 e) parking of vehicles on public right-of-way shall be prohibited; f) if the use is not located on a county road or state highway, it shall not be operated between the hours of 11:00 p.m. and 6:00 a.m. of the following day; and g) all repair, assembly, disassembly, and maintenance of vehicles shall occur within an enclosed building except minor maintenance such as tire inflation, and adding oil or wiper replacement. Subd. 18. Pawn operations, secondhand goods operations which require a license under Section 1186 of the City Code, auction houses, and consignment auction houses, provided the following conditions are met: a) such uses shall be located not less than 1,000 feet from any school, church, daycare center, public library, or governmental building; b) such uses shall be located not less than 1,000 feet from any existing pawn operation, secondhand goods operation which requires a license under Section 1186 of the City Code, auction house, or consignment auction house; c) such uses shall be located not less than 250 feet from residentially zoned property; d) such uses shall be screened, as approved by the City; e) the business operator shall secure all applicable licenses and approvals from the city, county, state, or other applicable jurisdictions before the conditional use permit shall become effective; f) off-street parking requirement: (i) pawn operations and secondhand goods operations which require a license under Section 1186 of the City Code shall provide at least five parking spaces per 1,000 square feet of gross floor area or ten parking spaces, whichever is greater; and (ii) auction houses and consignment auction houses shall provide at least 35 parking spaces per 1,000 square feet of gross floor area or 70 parking spaces, whichever is greater. g) such uses shall be contained within a completely enclosed building, and no outside storage, display, or sale of merchandise shall be permitted; h) exterior loudspeakers or public address systems shall not be audible from any residential parcel; 9-34 i) auction houses and consignment auction houses shall have designated on-site loading and drop-off areas which are designed to avoid interfering with traffic and pedestrian movements; j) such uses shall not be operated between the hours of 10:00 p.m. and 7:00 a.m. the following day; and k) such uses which were legally established on or before November 22, 1993 shall be classified as legal nonconforming uses, and subject to the provisions of Section 511.13 of this code. Subd. 19. Gun or ammunition sales/repair, provided the following conditions are met: a) such uses shall be licensed under Section 920 of the City Code; b) such uses shall be located not less than 300 feet from any school, church, daycare center, public library, or governmental building; c) such uses shall be located not less than 1,000 feet from other gun or ammunition sales/repair businesses; and d) such uses shall be located not less than 100 feet from residentially zoned property. • Subd. 20. Single family dwellings that comply with the R-1 District provisions and requirements, as set out in Section 521.17 of this code. Subd. 21. Two-family dwellings that comply with the MR-1 provisions and requirements, as set out in Section 521.37 of this code; and Subd. 22. Multi-family dwellings that comply with the MR-2 District provisions and requirements, as set out in Section 521.59 of this code. Subd. 23. Cemeteries (may include mausoleums and crematories) that comply with the R District provisions and requirements, as set out in Section 521.07, Subd. 10 of this code. Subd. 24. Apartments within commercial buildings which exceed 50 percent of the gross floor area. Subd. 25. Licensed day care facilities, provided the following conditions are met: a) pick-up and drop-off areas shall be located on the site, and shall be designed to avoid interfering with traffic and pedestrian movements; b) outdoor recreational areas shall be located and designed in a manner which mitigates visual and noise impacts on adjoining residential property; and c) such facilities shall obtain all applicable state, county, and city licenses. 9-35 Subd. 26. Accessorv Rroof-mounted antennas which extend higher than ten fifteen feet from the antenna's point of contact with the building; to the highest point of the antenna, provided that they conform to Section 425 of the Cites. Subd. 27. CWTS antennas and related features which extend higher than fifteen feet from the antenna's point of contact with the building to the highest point of the antenna, provided that they conform to Section 426 of the City Code. Subd. 28. CWTS towers and related features, provided that they conform to Section 426 of the City Code. Subd. 279. Major public utilities. Subd. 3530. Other uses similar to those conditionally permitted by this section, as determined by the City pursuant to Section 511.05 of this code. • L q_'3? 526.39. High Density Commercial District (C-3). Subdivision 1. Subsections 526.39 through 526.63 apply to the C-3 District. Subd. 2. Purpose. The City Council recognizes that the City lacks a substantial non- residential tax base and, as a largely developed community, has little land available for new commercial development. However, there exists areas of the City which have high visibility and accessibility due to their proximity to major arterials but where previous development patterns have precluded realization of full development potential. It is the intent of the City in establishing this district to: (i) encourage redevelopment of such areas in a manner which is consistent with the Comprehensive Plan and any redevelopment plan(s); (ii) to increase employment opportunities; (iii) to provide a wider range of goods and services to residents of the City; and (iv) to promote development of a scale and intensity sufficient to maximize the potential of the area. Subd. 3. Permitted uses. In the C-3 District, unless otherwise provided in this section, the following uses are permitted: a) retail or service businesses, but not including businesses which involve outdoor storage or sale of goods or materials unless the goods or materials are stored in an area which is covered by a building or a parking structure; b) office buildings; c) hotels/motels; d) residential buildings; e) parking structures; f) other businesses which are determined by the Council to be of the general character as the uses listed in this section and which would not be obnoxious or detrimental to the area in which they would be located; and g) uses permitted in accordance with the terms of a current and valid transitional activity permit, issued pursuant to Subsection 526..63. h) adult business establishments as defined and regulated under Section 1196 of the City Code. Subd. 4. Accessory a) Commercial Wireless Telecommunication Services (CSTW) antennas and related features, the use of which is not incidental to the principal use, provided that they conform to Section 426 of the City Code. are located on the rooftop or near the roof-line, and do not extend higher than fifteen feet from the antenna's point of contact with the building to the higher Point of the antenna. except as provided for in Section 526.39. Subd. 5 (b). 0,3"") • b) Satellite dish antennas and other antennas and towers that are incidental to the principal use on the lot, provided that they conform to Section 425 of the City Code and that they do not extend higher than fifteen feet from the antenna's point of contact with the building to the highest point of the antenna, except as provided for in Section 526.39, Subd. 5 (a) Subd. 5. Conditional uses. In the C-3 District, unless otherwise provided in this section, the following uses are conditional uses: a) Accessory roof-mounted antennas which extend higher than fifteen feet from the antenna's point of contact with the building: to the highest point of the antenna, provided that they conform to Section 425 of the City Code. b) CWTS antennas and related features which extend higher than fifteen feet from the antenna's point of contact with the building to the highest point of the antenna provided that they conform to Section 426 of the City Code. c) CWTS towers and related features, provided that they conform to Section 426 of the Cites 9- 3Y Section 6. Section 536 of Appendix B to the Richfield City Code entitled "Zoning: Planned Unit Developments" is amended by amending Section 536.11, Subds. 4 and 5 to read as follows: 536.11. PUD districts and allowable uses. Subdivision 1. Establishment of PUD districts. The following table denotes the six types of PUD districts, the abbreviations for such PUD districts, and the allowable uses within each PUD district: Planned Residential PR R & R-1 Planned Two Family Residential PMR-1 MR-1 Planned Multi-Family Residential PMR MR-1 MR-2 & MR-3 Planned Neighborhood Commercial PC-1 C-1 Planned General Commercial PC-2 C-2 & C-3 Planned Industrial PI I Subd. 2. PMR-1 density limitation. In the PMR-1 District, the density of two family dwellings shall not exceed ten dwelling units per acre. Subd. 3. Mixed land uses. Uses other than the allowable uses listed in Subd. 1 above, are permitted in a PUD district, provided that: a) the use is one which is authorized in one of the six types of PUD districts; b) such additional use shall not occupy more than 33 percent of the gross floor area within the planned unit development; and c) not withstanding the foregoing, an adult establishment as defined and regulated in Section 1196 of the City Code is not permitted in any PUD district other than a PC-2 district. Subd. 4. Accessory Uses. The following accessory uses shall be permitted subject to administrative approval from the Community Development Director if determined to be consistent with the planned unit development plan: a) accessory satellite dish antennas and other antennas and towers that are incidental to the principal use on the premises, provided that they conform to Section 425 of the City Code: and b) Commercial Wireless Telecommunication Services (CWTS,) antennas and related features, provided that they conform to Section 426 of the City Code and that they do not extend higher than 15 feet above the antenna's point of contact with the building to the highest point of the antenna. Subd. 5. Any applicant for administrative approval of an accessory use may appeal a denial by the Community Development Director to the City Council. q 39 B. An Interim Ordinance Regulating Transmission and Reception Facilities of Commercial Wireless Telecommunication Services; Establishing a Moratorium; and Directing a Study be Conducted, Bill Number 1996-18, is hereby extended until November 1, 1996. Passed by the City Council of the City of Richfield, Minnesota this 23rd day of September, 1996. Martin J. Kirsch, Mayor ATTEST: Thomas P. Ferber, City Clerk • 0 • CITY OF RICHFIELD, MINNESOTA Council Letter No. 303 Agenda September 23, 1996 Issue Statement: Public hearing and consideration of a resolution approving Modification Number 3 to the Cedar Avenue Business Area (CABA) Redevelopment Plan and Tax Increment Financing Plan (Plans). Background: In 1988, the CABA Plans were approved by the HRA and City Council and provided assistance to Copy Duplicating Products, Inc. (CDP) to redevelop the old Cedar Avenue liquor store site. Tax increment assistance was provided on a "pay as you go" basis. Subsequent modifications to the Plans in 1990 and 1993: authorized the disbursement of increment to the school district for its bond referendum and sharing excess increment with the county, city, and school district; and established the Richfield Redevelopment Project Area and created the Redevelopment Plan in order to expand the use of tax increments from all tax increment districts. • Currently, Modification Number 3 to the CABA Plans proposes to provide for the acquisition of additional property along the Cedar Avenue corridor. Specifically, the additional acquisitions include: Proper Address PID Number Property Status 7200 Cedar Avenue 35-028-24-14-0075 Vacant commercial land; zoned C-2 general commercial 7214 Cedar Avenue 35-028-24-14-0076 Commercial land with a storage building; zoned C-2 general commercial 7226 Cedar Avenue 35-028-24-14-0077 Plumbing company; zoned C-2 general commercial 7244 Cedar Avenue 35-028-24-14-0074 Multi-family apartment building, 17 units; zoned C-2 general commercial 9,/ The purpose of the acquisitions is to provide for redevelopment of a combined site. The commercial properties would be purchased very soon with the .purchase of the apartment to be determined by a schedule from a redeveloper. Very preliminary discussions have suggested an office type use is feasible. Staff has been in contact with the property owners to indicate interest in acquiring the property. Negotiations have been initiated on all but one of the properties. It is proposed that these acquisitions be partially paid for with the remaining net tax increment generated from the CDP office project, estimated to be $300,000 at the end of 1996. All previously approved disbursements of tax increment, including payments to the developer of the CDP project, will continue to be made. The last tax increment payment to the CABA economic development tax increment district is 1996. The estimated expenditure budget for CABA Modification Number 3 activities such as acquisition, architecture, engineering, relocation, and administrative costs is $1,644,548 at maximum. A gap of approximately $1.3 million exists after the CABA revenue is applied toward project expenditures. Potential revenue sources available to the HRA to close the project expenditure gap include developer resources, development account funds, new tax increment, and relocation levy funds. The use of any or a combination of these options may be considered by the HRA in conjunction with its development opportunities. . Attached for review and consideration is the amended CABA Plan which identifies property for acquisition and modifies the budget to allow for the additional related expenditures. Recommended Motion: Following the public hearing, adopt the resolution which approves Modification Number 3 to the CABA Plans which in turn: • provides for the acquisition of additional property along the Cedar Avenue corridor to be paid partially with the remaining net tax increment generated from the CDP office project; and • provides for redevelopment of a combined site. Basis of Recommendation: 1. The modified Plans were reviewed by legal counsel and Publicorp representatives and are in conformance with applicable laws and regulations. 2. The HRA approved Modification Number 3 to the Plans on August 19, 1996 subject to a finding by the Planning Commission as to its conformance with the Comprehensive Plan of the City. 3. The Planning Commission found the proposed modifications to be in conformance with the Comprehensive Plan of the City on August 27, 1996. 9-01 4. A notice of the City Council public hearing was published on September 11, 1996. 5. Hennepin County and Richfield School District were given proper notice of the public hearing and estimate of fiscal and economic implication of the tax increment financing district by letter dated August 19, 1996. 6. Approval of the modification is necessary for the use of the remaining net tax increment generated from the CDP office project for the acquisition and redevelopment of the additional property on Cedar Avenue. 7. The modification would permit additional property acquisitions which have been identified as high priority 1996 development opportunities by the HRA. 8. Modifying CABA will reduce the net amount of resources that are needed for the high priority development opportunities. 9. Excess increment would continue to be distributed to the taxing jurisdictions, including the Richfield School District. 10. The amount of assistance paid to CDP Inc. is not being altered. Alternative Recommendation: • 1. Delay discussion. 2. Reject the modification. 3. Provide for an alternative means of acquiring the property on Cedar Avenue. Discussion/Decision Mode: Approval on September 23, 1996 would complete the processing of Modification Number 3 to the CABA Plans and permit acquisition activities to proceed. Resp tfully submitted, Jam D. Prosser City Manager JDP:ds 0 3-3 Housing and Redevelopment Authority of the City of Richfield, Minnesota Modification No. 3 to the Tax Increment Financing Plan for the CABA Tax Increment Financing District August 19, 1996 Introduction The following text represents a modification to the Tax Increment Financing Plan for the CABA Tax Increment District. The modified Tax Increment Financing Plan represents a continuation of the goals and objectives set forth in the original Redevelopment. Plan and Tax Increment Financing Plan. Generally, the substantive changes include the authority to spend tax increments generated from the CABA Tax Increment Financing District for land acquisition in the Richfield Redevelopment Project Area. For further information, a review of the Redevelopment Plan for Richfield Redevelopment Project Area dated June 14, 1993 and the Redevelopment Plan for the CABA Redevelopment Project Area and Tax Increment Financing Plan for the CABA Tax Increment Financing District dated January 19, 1988 and modified on October 15, 1990 is recommended. A. Statutory Authority See also the Statutory Authority found in Section C of the Redevelopment Plan for Richfield Redevelopment Project Area, dated June 14, 1993. • B. Statement of Objectives See also the Statement of Goals and Objectives found in Section D of the Redevelopment Plan for Richfield Redevelopment Project Area, dated June 14, 1993. F. Parcels in Acquisition Properties identified for acquisition by the HRA are modified to include the following parcels: (7200 Cedar Ave. S.) #35-028-24-14-0075 (7214 Cedar Ave. S.) #35-028-24-14-0076 4 (7226 Cedar Ave. S.) #35-028-24-14-0077 (7244 Cedar Ave. S.) #35-028-24-14-0074 G. Estimate of Costs ' The estimate of public costs associated with the tax increment district are amended to include the following costs: Acquisition $1,245,870 Architecture, Engineering and Relocation 249,174 Administrative 149,504 TOTAL $1,644,548 The HRA may incur obligations such as revenue notes, purchase agreements, or inter-fund loans. q However, G.O. Bonds are not expected to be issued. Any interest on such obligations are hereby added to the above listed estimate of costs. H. Estimated Amount of Obligated Funds An estimate of the amount of the obligated funds based on the proposed development is $1,500,000 plus any interest costs. M. Estimated Impact on Other Taxing Jurisdictions The estimated impact on other taxing jurisdictions assumes construction would have occurred without the creation of a Tax Increment Financing District. If the construction is a result of tax increment financing, the impact is $0 to other entities. Notwithstanding the fact that the fiscal impact on the other taxing jurisdictions is $0 due to the fact that the construction would not have occurred without the assistance of the HRA and City, the following estimated impact of the Tax Increment Financing District would be as follows if the "but for" test was not met: 1995/96 Estimated Captured Percent of CTC Tax Capacity Tax Capacity (CTC) to Entity Total Hennepin County 1,006,485,910 21,976 0.002% I.S.D. No. 280 22,075,804 21,976 0.100% Intetm.S.D. No. 287 672,580,484 21,976 0.003% City of Richfield 21,056,158 21,976 0.104% Obligations currently exist for the CABA Project. Therefore, a portion of the captured tax capacity for the tax increment district and projects is being utilized for existing obligations. The captured tax capacity listed in the above and following fiscal implications is the annual average remainder of the captured tax capacity currently being devoted to existing obligations subtracted from total captured tax capacity. 1995/96 Tax Percentage Extension Rates of Total CTC Taxes Hennepin County 37.270 26.31% 21,976 5,19; I.S.D. No. 280 69.076 48.77% 21,976 ' 15,180 Interm.S.D. No. 287 0.000 0.00% 21,976 0 " City of Richfield 26.336 18.59% 21,976 5,788 Metro. Spec. Districts 5.063 3.57% 21,976 11113 Other Taxing Districts 3.901 2.75% 21 976 :' .'857 141.646 100.00% ,976 '31,128 In addition, the impacts on School Districts Nos. 280 and 287 do not include tile effeeof state aids for education upon school district funding. N N N 'VJ{ ? N N =_ ? ? t < C w I i ? Q? 8 u CZ _. ?.J?? •? LI. U NSIONVIS rY 22 L?C?C? - c ? \ Z V 6 L_ JL?J.JI N y N W tY 12 r ?? .. lr ?I ??j N `N ? N N N N N ? _ °ww Yt1611 I`L LLII _I ,°. ?. w w w w w M0„3dONQ1 L--- --- -_ a? _ -? MO„3d9N0, '3Ar Yr030 ?? -- --___- 1. - '3" ar033 imp Yt •1 ??1? ?-??--, UiI?U - Yt 61 Yi LI I L_L-?% ?C CJ OC? 1 NOIONIIYYOme C?C?JC?CC? .?____,[ JIB CCJI 44 $,1 vt 91 rt 21 0r0?1?? _J?Lrrr?^^^?;?I''??_II _JU W mill I 7-71 'rte- 1- W W W W ]0?1 YI?I 41 01 CCC? n ? ?mmmm ??IO I 116 01 101113 'I J = W ??_? J L W Z Z Z Z J?? 1011,3 09.31140 I ° Y ??^L??U??--^U a W WU.1 W ?L? I oorolNo snanmoo II ' C?C':?C= C Q > > > ]? I? r-- a a a a ?--I snawn,05 Xtlrd C? ?--I1- iXavd a 3Ar N V V-0 aN.,Xra C-?C? z a a a a ?? V` Yt5 W W W W ] . oNV,1YO. YI/ I L? ,???I IUU U U U U YI? NO1N1,0 V+ O (? 44, NOANM a PIc T N Re 7 7L? r1s N N N N ova P., SN3A3i S I?^` ;N3A315 O I I ?' a '3A? 131103tN 1..,? '3Ar 131103iM to 1130SIr,Y III ?? I? ''? ``?- I-:~??_~??Il?lt\\?\\1I1 T3051r,i Q N1aOM1N3M I i' ^? 11?? ^ C????^I N1tOM1N3M ??.h ^?u^ AYf1BS,'ild a INVSr3,d DI_U? _ ,?....JI-i•--y--i ANrSr3,d aNrYO _ I -1r; 13aarN U a,31sar9 0131dar0 3Ar 31VONA-1 ?I I ?f '?-i?,•.-- D '3Ar 31rONA, O i. --, 00111,1101V 11; y a?CI?O a iNrlaa II, Nr1a o Coooo 1d,oO ANodno 1 laodno W NOS NOSa3N3 INONQU OtlralO Qy? O ONIAal ULU??U UCH ..I-''j, Sat '?- 53Nrr 7777 0NIAY1 W C?C?C?L XONX -- C][?[J r JC?? ' - xoNNr W Nr00, NrO Nr0Y011 ? Qo Nr 0U TOUGH NO1M3N IC?IJ?CJ - iL^??? U ?O 1 41 tl3A1,0 Y3Al,ON '3Ar NN3d ?? ??C??1 `- ?? ^'?? I li ??? '3Ar NN3d W •????.?=?1 I. Imo! `L? N33n0 u. N33n0 „3550Y 113SSnY + Nraltl3Nt ' ?I /C-• L-J^?- I?' ' Nr01a3N5 U SrwONA ff?? ,? 1r1? Sr1YON NOldn NOAdn r -. IA 1N314 NYnaNSrM C. it .. I _ ?t__??._;I i; r'? C?'? _ i r...?--- NtlnoMStM I" 53xa3x '!??-----+•??.? ??- '3Ar S3Xtl3x 3 N N N N N N N N N N N N N N N N N N N q 2 ? 0 u r r N Q W Q 0 1-lo RESOLUTION NO. RESOLUTION APPROVING MODIFICATION NO. 3 TO THE CEDAR AVENUE BUSINESS AREA TAX INCREMENT FINANCING DISTRICT AND APPROVING AND ADOPTING TAX INCREMENT FINANCING PLAN RELATED THERETO BE IT RESOLVED by the City Council (the "Council") of the City of Richfield, Minnesota (the "City"), as follows: Section 1. Recitals. 1.01. The City Council of the City of Richfield previously adopted a Redevelopment Plan ("Redevelopment Plan"), and a Tax Increment Financing Plan ("TIF Plan") for the area of the City generally known as the Cedar Avenue Business Area (CABA Project Area) on February 22, 1988 and modified the TIF Plan on October 15, 1990; 1.02. Due to changes in the distribution of tax increment revenues generated by and property to potentially be acquired in the Richfield Redevelopment Project Area and the CABA Project Area, it has been proposed that the City modify the TIF Plan for the CABA Tax Increment Financing District ("CABA TIF District") and approve and adopt the Tax Increment Financing Plan relating thereto, all pursuant to and in accordance with Minnesota, Statutes, Sections 469.001 to 469.047, inclusive, as amended, and Minnesota Statutes, Sections 469.174 to 469.179, inclusive, as amended. • 1.03. The Council has investigated the facts and has caused to be prepared the Modification No. 3 to the Tax Increment Financing Plan for the CABA Tax Increment Financing District (the "Plan"). 1.04. The City has performed all actions required by law to be performed prior to the modification of the CABA Tax Increment Financing District and the adoption of the Plan relating thereto, including, but not limited to, notification of Hennepin County and School Districts Nos. 280 and 287 having taxing jurisdiction over the property included in the CABA Tax Increment Financing District, a review by the City Planning Commission of the modified Plan and the holding of a public hearing upon published notice as required by law. Section 2. Findings for the Establishment of the CABA Tax Increment Financing District 2.01. The Council hereby finds that the CABA Tax Increment Financing District and the modified Plan are intended and, in the judgment of this Council, the effect of such actions will be, to provide an impetus for redevelopment in the public purpose and accomplish certain objectives as specified in the Plan, which are hereby incorporated herein. • 2.02. The Council hereby reaffirms its finding of February 22, 1988 that the CABA Tax Increment Financing District is an economic development district under Minnesota Statues, Section 469.174, Subd. 12. M 2.03. The Council hereby finds that the redevelopment proposed in the modified TIF Plan and Redevelopment Plan, in the opinion of the Council, would not occur solely through private investment within the reasonably foreseeable future, that the modified Plan • conforms to the general plan for the development or redevelopment of the City as a whole; and that the modified Plan will afford maximum opportunity consistent with the sound needs of the City as a whole, for the development of the CABA Tax Increment Financing District by private enterprise. 2.04. The Council further finds, declares and determines that the City made the above findings stated in this Section and has set forth the reason and supporting facts for each determination in writing, attached hereto as Exhibit A. 2.05. The Council hereby reaffirms its election for February 22, 1988 calculate fiscal disparities for this District in accordance with Minnesota Statutes, Section 469.177, subdivision 3, clause b, which means the fiscal disparities contribution would be taken from within the District. Section 3. Approval of the Plans: Certification; Filing. 3.01. The Modification No. 3 of the TIF Plan for the CABA Tax Increment Financing District is hereby approved and adopted, and shall be placed on file in the office of the Community Development Director. Approval of the modification to the Tax Increment Financing Plan does not constitute approval of any project or a Redevelopment Agreement with any developer. • 3.02. The City staff of the City are authorized to file the modified Plan with the State Department of Revenue. 3.03. The City staff of the City, the City's advisors and legal counsel are authorized and directed to proceed with the implementation the modified Plan and for this purpose to negotiate, draft, prepare and present to this Council for its consideration all further plans, resolutions, documents and contracts necessary for this purpose. Adopted by the City Council of the City of Richfield, Minnesota this 23rd day of September, 1996. Martin J. Kirsch, Mayor ATTEST: Thomas P. Ferber, City Clerk 0 • EXHIBIT A Attachment to Approving Mod 3 CABA Area The reasons and facts supporting the findings for the adoption of the Tax Increment Financing Plan for the CABA Tax Increment Financing District as required pursuant to Minnesota Statutes, Section 469.175, Subdivision 3 are as follows: 1. Reaffirming the finding that the CABA Tax Increment Financing District is an economic development district as defined in Minnesota Statutes, Section 469.174, Subdivision 12. The development consists of a redevelopment project which the HRA finds to be in the public interest because it will result in increased employment in the municipality and it will result in preservation and enhancement of the tax base of the municipality. This will be achieved through the construction of a commercial, corporate office building and related parking structure on underutilized land. Thus, the tax increment district meets the statutory requirement of an economic development district and will henceforth be referred to as a tax increment economic development district. 2. The finding that the proposed development, in the opinion of the Council, would not occur solely through private investment within the reasonably foreseeable future and that the increased market value of the site that could reasonably be expected to occur without the use of tax increment financing would be less than the increase in the market value estimated to result from the proposed development after subtracting the present value of the projected tax increments for the maximum duration of the district permitted by the plan. The proposed development in the modified Plan requires certain necessary land acquisitions and assembly and other improvements without which the developer could not construct the commercial development project; and without the use of tax increments as a source of revenue to assist with the financing of the land acquisition, assembly and other improvements, the developer would not construct this development in the City. 3. The finding that the Tax Increment Financing Plan for the CABA Tax Increment Financing District conforms to the general plan for the development or redevelopment of the municipality as a whole. The Plan conforms to the general plan for the development of the City as a whole as it will result in the new construction of a commercial structure. 4. Finding that the Tax Increment Financing Plan for the CABA Tax Increment Financing District will afford maximum opportunity, consistent with the sound needs of the City as a whole, for the development of the CABA Redevelopment Project Area by private enterprise. The commercial/industrial development to be assisted by the CABA Tax Increment Financing District will afford maximum opportunity, consistent with the sound needs of the City as a whole, for the development of the redevelopment project by private enterprise as it will enable the HRA to provide the necessary commercial development for the City and a suitable site for development. • CITY OF RICHFIELD, MINNESOTA . Council Letter No. 302 Agenda September 23, 1996 Issue Statement: Public hearing to consider a request for a conditional use permit to allow construction of a 100,000 square foot retail store and up to 20,000 square feet of additional retail space at 1700 West 78th Street. Background: Galyan's Trading Company is proposing to demolish the existing Naegele building at 1700 West 78th Street and construct a two-story, 100,000 square foot retail store on the site. Galyan's is an interactive sporting goods company on the scale of a department store, where customers are invited to try out the merchandise. Galyan's is currently building similar stores in Minnetonka and Woodbury. The property is zoned industrial, which allows for retail use over 80,000 square feet by conditional use permit. The building will be situated on the site in the same fashion as the Naegele building, with the main entrance facing southeast toward the 1-35W/1-494 interchange. The primary exterior material will be brick along with a glass curtain wall at the main entrance. The plans reflect construction of the project in at least two phases. The first phase involves construction of the 100,000 square feet, two story Galyan's store. Future phases could involve construction of up to 20,000 square feet of additional retail space either for Galyan's or some other retailers. The additional square footage would be located on either side of the Galyan's building and would be single story. There are 525 parking spaces provided in the first phase, at a ratio of 5.25 spaces per 1,000 square feet of floor area. In the second phase, 584 parking spaces are provided at a ratio of 4.8 spaces per 1,000 square feet of floor area. The City requires a minimum of 4 spaces per 1,000 square feet of floor area. A consultant's analysis of the projected traffic indicates that Galyan's and the adjacent retail space will generate approximately 4,800 vehicle trips throughout the day. The analysis indicates that existing roadways and intersections can accommodate the additional traffic (see attached traffic analysis). Primary access to the site would be from 78th Street. Potential actions that may be taken to discourage access to the site from other routes include, but are not limited to, the following: place directional signage on Penn Avenue at 78th Street; 9 prohibit on-street parking on 78th Street; 1-1 . • install a traffic diverter at 77th Street and Knox Avenue to prohibit left turn movements from northbound Knox Avenue to westbound 77th Street. At the Planning Commission meeting traffic issues were the primary concern of area residents. Five residents addressed the Commission; four of them were concerned about traffic. The concerns were as follows: • Too much development in a residential area and too much traffic already. • The amount of traffic on 76th is too heavy already -- especially from the west. • Car dealer traffic already cuts through the neighborhood and speeds create a safety hazard to children. This project will make it worse. • 76th Street should be posted as a "school zone". Staff and the developer are clearly aware of the traffic issues and respect the concerns of the neighbors. As the first stipulation of approval indicates, a plan for keeping the commercial traffic off the residential streets will be developed with input from the neighbors. The applicant has already started reviewing possible solutions and will be prepared to discuss them with the Council for informational purposes. They must yet be reviewed and evaluated with the neighborhood. Additional possible solutions may be forthcoming as a result of meeting with neighbors. Also, the Planning Commission added an 11th stipulation to their approval stating that: A study be made of the possibility of Galyan's providing off-street parking for the adjacent car dealership on a short term lease basis. This stipulation was not included in the staff recommendation to the Council because car dealers, like any other business, should have to comply with City requirements and provide their own parking on site. A small pond in the northeast corner of the site will be used for stormwater retention. The pond will also serve as an amenity for the site and will be used by customers to try out merchandise such as boats, fishing equipment and other water-related items. The pond will be expanded to accommodate the increased storm water run off. The existing sidewalk on the east side of Knox Avenue would be extended south to Galyan's main driveway. An east-west sidewalk would then bring pedestrians from Knox Avenue to the main store entrance and across the parking lot to the ponding area at the northeast corner of the site. Parking facilities for bicycles will also be provided. Galyan's held a neighborhood meeting on Thursday, September 5 to present their plans. While over 900 notices were mailed, there were only ten residents and three representatives from Wally McCarthy's in attendance. As was the case at the Planning Commission meeting, the main concern was traffic. -7- c)- Recommended Motion: Conduct the public hearing and approve the conditional use permit to allow construction of a 100,000 square feet retail store and up to 20,000 square feet of additional retail space at 1700 West 78th Street with the following stipulations: 1. That a plan for preventing commercial traffic from using the residentail streets in the area bounded by Penn Avenue, 76th Street, Knox Aveune and 77th Street be prepared by the developer in conjunction with staff, and with input from area residents, and approved by the Community Development Director. 2. That parking for bicycles be provided for on the site. 3. That a sidewalk be installed along Knox Avenue connecting the site to the existing sidewalk. 4. That a sediment and erosion control plan be submitted to and approved by the City Engineer. 5. That a storm water management plan be approved by the City Engineer. 6. That the final landscape plan be approved by the Community Development Director. 7. That landscaping along the freeway portion of the site be coordinated with the Community Development Director and the Minnesota Department of Transportation. 8. That a lighting plan be approved by the Community Development Director. 9. That a signage plan be approved by the Community Development Director. 10. That the conditional use permit not be issued until a building permit is applied for. Basis of Recommendation: 1. The proposed commercial use is consistent with the Comprehensive Plan designation of the site as "freeway strip". 2. The proposed development is consistent with the draft Comprehensive Plan Update of 1996 which encourages better utilization of the City's freeway exposure. 3. The site is currently underutilized and the existing building is deteriorating, warranting redevelopment of the site. 4. Landscaping is provided along the north property line to provide a buffer between the development and the adjacent apartment complex. 5. Adequate parking is provided at a ratio that exceeds City requirements. 7-3 6. The existing street infrastructure has adequate capacity to handle the traffic generated by the site. 7. Notice of the hearing was published in the Sun-Current and mailed to property owners east of Penn Avenue, south of 76th Street and west of Girard Avenue. 8. On September 17, 1996 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 23, 1996. The hearing will be held in the City Council Chambers of Richfield City Hall, 6700 Portland Avenue. Respectf y submitted, James Prosser City Manager JDP:cak 3535 VADNAIS CENTER DRIVE, 200 SEH CENTER, ST. PAUL, MN 55110 612490-2000 800325-2055 • ARCHITECTURE ENGINEERING ENVIRONMENTAL TRANSPORTATION September 13, 1996 RE: Tushie Montgomery Associates Galyan's Trading Company Traffic Study SEH No. A-TUSHI9701.00 Mr. Gary Tushie, President Tushie Montgomery Associates 3300 Edinborough Way, #601 Minneapolis, MN 55435 Dear Mr. Tushie: Galyan's Trading Company Traffic Study As requested, we have analyzed the potential traffic impact of the Galyan's Trading Company Sporting Goods retail store. The Galyan's store is proposed for the site currently occupied by the Naegele office building, located on the northeast quadrant of the I-35W and I-494 interchange. • The Galyan's Trading Company sporting goods store is proposed as a 100,000 square foot retail facility. This analysis also includes an additional 20,000 square foot attached retail space along the southwest side of the Galyan's facility. The existing Naegele building is a 100,000 square foot office building, and for purposes of this analysis is considered an office-warehouse. Three levels of analysis were performed for this study: • Analysis of existing conditions, including the existing Naegele building and the associated traffic. • Estimation of the traffic demand associated with the proposed Galyan's facility and the adjacent retail activity. • Evaluation of the incremental impact of the Galyan's facility, reflecting the "replacement" of traffic demand related to the existing Naegele site. Trip Generation Estimates The Galyan's facility and adjacent retail space represent a specialized retail activity. Rather than applying a standard trip generation rate for general retail activities, a comparison of a variety of specialized retail sites was performed. Based upon the characteristics of these comparative SHORT ELLIOTT HENDRICKSON INC. MINNEAPOLIS, MN ST CLOUD, MN CHIPPEWA FALLS, W1 MADISON, WI LAKE COUNTY, IN EQUAL OPPORTUNITY EMPLOYER 7_5 Mr. Gary Tushie • September 13, 1996 Page 2 studies, the proposed Galyan's facility (including adjacent retail) is estimated to generate approximately 4,800 vehicle trips per day. While average daily trip information is of interest, the greatest potential impact is in the p.m. peak hour, which generally occurs between over a portion of the 4:00 p.m. to 6:00 p.m. time period. For the streets adjacent to this site, the p.m. peak hour occurs from 5:00 p.m. to 6:00 p.m. The Galyan's Trading Company facility and the attached retail will generate an estimated 564 p.m. peak trips. Of this, 287 (53%) are inbound in the p.m. peak, and 277 (47%) are outbound. For purposes of comparison and determination of incremental changes in traffic, the Naegele site is estimated to generate 173 p.m. peak trips. As an office facility, the proportion of outbound trips in the p.m. peak is much higher for the existing site traffic. Of the p.m. peak trip total, 35 (20%) are inbound, and 138 (80%) are outbound. Trip Distribution Assumptions Assumptions for the directional distribution of project-related trips are based upon the directional variation in accessibility of the site, as well as the surrounding land-use characteristics and established traffic patterns in the area. A greater portion of the Galyan's traffic (55%-60%) is • estimated to access the site via Penn Avenue and I-494. The remaining site traffic is distributed via Knox Avenue and 76th Street West, and I-35W. The resulting estimated traffic volumes are shown in Figure 1. The existing Naegele site traffic is also distributed primarily via access using Penn Avenue (75%) and the balance using Knox Avenue and 76th Street West. The difference reflects the variation due to a greater proportion of employee generated trips for the Naegele site. These estimated volumes are shown in Figure 2. The resulting total p.m. peak volumes, including the net increases due to the Galyan's project, are summarized in Figure 3. Traffic Issues and Intersection Operation 78th Street West and Penn Avenue Interstate 35W ramps provide access only to and from the north, limiting access to the site via this corridor. As a result, we estimate that the intersection of Penn Avenue and 78th Street West will serve the majority of project-related traffic. 78th Street West is a frontage road along I-494, with activities such as auto dealerships, service facilities, etc. adjacent to the north. In the critical p.m. peak period, approximately 93 additional northbound right turns will occur with the Galyan's project. This represents less than two vehicles per minute, and the existing roadway configuration should adequately absorb the additional volume. However, parked cars are • typically present along both sides of 78th Street West, which together with the curved alignment, Mr. Gary Tushie 4 September 13, 1996 Page 3 creates a potential safety issue. Possible mitigation: Parking restrictions along 78th Street West should be carefully considered, with the recognition that a total restriction may displace parking demand into the adjacent residential area. The outbound left turn movement off of 78th Street West onto Penn Avenue would be the most critical movement in the p.m. peak hour. The estimated net traffic increase for this movement is 27 vehicles in the p.m. peak. This represents approximately one additional left turn every two minutes. As such, the additional demand would not typically represent a significant problem. 76th Street West and Knox Avenue South The intersection of 76th Street West and Knox Avenue South is the other primary intersection serving project-related traffic. The net increase in p.m. peak traffic due to the Galyan's project is an estimated additional 77 right turns from Knox Avenue onto eastbound 76th Street West. This represents approximately one additional right turn every 45 seconds. The recently improved existing configuration of 76th Street West can adequately absorb these additional volumes, although slight delays may occur waiting for gaps in the cross traffic on 76th Street eastbound. The estimate for left turns onto westbound 76th Street West is 26 in the p.m. peak hour (a net • increase of 16 vehicles). The inbound left turn off of 76th Street West onto southbound Knox Avenue is estimated to increase by 95 vehicles in the p.m. peak hour. This intersection is currently unsignalized, requiring these left turns to wait for a gap in the opposing eastbound traffic flow. This volume represents approximately one left turn every 30 to 35 seconds, and as such may result in queuing of vehicles, causing some delays. The left turn movement from northbound Knox Avenue onto westbound 76th Street is estimated at 26 vehicles in the p.m. peak hour. This movement would also be affected by the queuing delay of the inbound left turns onto Knox Avenue, since the initial gaps in eastbound 76th Street traffic would be absorbed by the inbound left turns first. The estimated p.m. peak volumes at this intersection represent a worst case analysis. It is likely that 10% of the site trips (and nearly 25% of the trips at this intersection) would instead access the site via 78th Street and Penn Avenue. Signalization of this location may adversely affect the 76th Street traffic flow, due to the proximity of the signals at the I-35W ramps on 76th Street. 76th Street West and Penn Avenue The intersection of 76th Street West and Penn Avenue is estimated to carry a net increase of 28 p.m. peak vehicles (an additional 10 left turn vehicles, and an additional 16 thru vehicles) on the southbound approach. Similarly, the eastbound approach is estimated to carry eight additional right turns and 20 additional thru vehicles in the p.m. peak. The northbound approach is estimated to carry 10 additional left turns and 10 additional thru vehicles in the p.m. peak. The increase on the westbound approach is estimated at less than four vehicles per movement. These V7 Mr. Gary Tushie • September 13, 1996 Page 4 increases are relatively minor, representing less than one additional thru vehicle every three to four minutes, and one additional left turning vehicle every five to six minutes in the p.m. peak period. No significant impacts are anticipated at this intersection. I-35W Ramps at 76th Street West The freeway ramps at I-35W, serving traffic to and from the north, are estimated to carry an additional 82 project trips off of southbound I-35W, and additional 64 project related trips onto northbound I-35W. These increases represent approximately one vehicle per 45 seconds in the p.m. peak hour, and should be adequately absorbed by the existing configuration. I-494 Ramps at Penn Avenue The freeway ramps at I-494 are estimated to carry an additional 54 project trips off of eastbound I-494 onto northbound Penn Avenue. This represents approximately one additional left turning vehicle per minute. An additional 10 project related trips are estimated from southbound Penn Avenue turning left onto the I-494 eastbound ramp. This represents approximately one vehicle every five minutes in the p.m. peak hour, and should be adequately absorbed by the existing configuration. The remaining ramps represent right turn movements for project related.traffic. An additional 46 vehicles are estimated to exit from westbound I-494 onto Penn Avenue northbound, and an additional 19 vehicles from southbound Penn Avenue onto I-494. The existing ramp and intersection configuration can accommodate these increases. 77th Street West; Knox Avenue South to Penn Avenue 77th Street West is a local street, with light industrial and commercial activities immediately opposite the project site. The local streets intersecting with 77th Street West would not offer any advantage to the majority of vehicles related to the Galyan's site. Unrestricted access from the north site driveway entrance to 77th Street West may generate some level of project-related traffic through the residential areas adjacent to 77th Street West. There may also be some new traffic generated by residents shopping at the proposed Galyan's facility. However, this would not result in significant new traffic through the neighborhood. Possible mitigation: Access/turning restrictions onto 77th Avenue West to discourage site-related traffic traveling through the residential areas west of Knox Avenue. Internal Traffic Circulation and Parking Capacity The proposed internal circulation as indicated in the site plan can accommodate the projected traffic volumes for the Galyan's site. Connection to the adjacent street system should function 0 Mr. Gary Tushie . September 13, 1996 Page 5 without excessive queuing or delay. Access to the loading dock and customer pick up areas is well separated from the primary site access driveways. The proposed provision of approximately 600 parking spaces is adequate in view of the projected p.m. peak hour total of 287 inbound trips. Assuming an average of 45 to 60 minutes per trip maker, an adequate reserve capacity exists during periods of maximum usage. Summary In summary, the Galyan's Trading Company will generate approximately 4,800 vehicle trips per day. The net increase in traffic is a small percentage of the existing flows along Penn Avenue and 76th Street West, and can be absorbed with little noticeable impact. The net additional trips due to the Galyan's store, though not a large proportion of the critical movement volumes, will incrementally absorb a portion of the reserve capacity at this intersection. Sincerely, Short Elliott Hendrickson Inc. Mark A. Jepsen Senior Transportation Planner tlo Enclosures c: Tom Foley, City of Richfield E / rL ' (lam//// Ll • O U I i I V/ ui G J ? O N > co Y E CL 2 a ffi,. '?f -7,10 t. O £ a >° C ? ? m wa ?CL H a W J W W a Q W 2 N ¢h F U JI 0 N G O? Y E W 2 a c O w a i t- m N ? d 0 N 1 a d Z Z U C N x W 3 N? '1I .-i i o N W J 0 zZ ?m Y E m 3 4 W Eja. z 2 CL d $ Y E f' a V W W a a m i J Q p ?a z? ?v I LL M W c J m 0 i0 a 2 CL 'o g m d Z M a H V d i a W C R c? 15 I r1 ?J M WZO.O N IS) 1 ,-V-NOSJ WON »n NMq --.............---- .....- -- ............................... --- 9-17-96 -- --- - ---•-- -- -•- -- --- -- - ---........ -- • -- - -- - - - _..._... __ ..._ ...-- - _. - --- - ?-- - ±- - -• GALYAN'S - 1700 WEST 78TH ST. PHASE SITE PLAN r H I w GIs • GALYAN'S - 1700 WEST 78TH ST. -(3 PHASEI LANDSCAPE PLAN E"' W ? LAzI W a ? a x H U a i 1 i• M .OC.ZO.O N two e u ?a GE r? !a n M !b 1 a 1 all YD i a nM I 9-17-96 y _ n w? $w =e ew 6w ?" RMM ZMAV XOIM n¦?J f S -....-... .. . .. E ........... nil I ?I ail z? U, U. GALYAN'S - 1700 WEST 78TH ST. FRONT AND REAR ELEVATIONS • • • s. .E w m 9-13-96 GALYAN'S - 1700 WEST 78TH ST. SIDE-ELEVATION • • 7-/5 V1 HWo11 o ? H ? o a 9-13-96 ?-Jo • M "ZO.O N MW ? \ ?"RtiOOy``? . '-I'^??a.? i ' GALYAN'S - 1700 WEST 78TH ST. PHASE I AND PHASE II SITE PLAN U- H T a 4 i g8?3 q4 QtlC.41 3rpJ1NUv 03 dU_ \..,,? `'• _' \?\b> I r r r 1 ?tY • i 1r oaY ?Y ' HUM WNW XONX _ _ ................. -.-r._...?.- - _-- -- ._..._ _ _------------. ...... I I L......1.....--1 ............ ... .... .. ..... ....- Z? 9-13-96 t f I' x j he 4 ?f `us y z I ? t <a f a? ... ?, M1 R &LJ FWAW- -, I ?a • CITY OF RICHFIELD, MINNESOTA Council Letter No. 301 Agenda September 23, 1996 Issue Statement: Public hearing on adoption of the assessment roll for removal of diseased trees from private property for the period January 1, 1995 through December 31, 1995 (continued from August 26, 1996). Background: The City Council has scheduled a continuation of a public hearing to be held on Monday, September 23, 1996 for the assessment of the cost for removal of diseased trees from private property during the period of January 1, 1995 through December 31, 1995. City staff has calculated the proper amounts to be assessed against every assessable lot, piece or parcel of land specially benefited. The proposed assessment was properly filed with the City Clerk, notice was duly published and notices were mailed to the owner of each parcel described in the assessment roll. The cost of diseased tree removal from private property for this period, which residents chose to assess to their property taxes, totaled $14,697.85. In 1994, $27,229.40 was assessed for this work; in 1993, $29,367.56 was assessed for this work; in 1992, the total was $37,994.70, and in 1991, the total assessed was $34,116.57. City ordinance provides that special assessments for current services may be certified to the county auditor for collection along with taxes. This certification may provide that the assessments be completely paid in the first year or in annual installments. It is the staff recommendation that such payments be due and payable over a three year period. The adopted assessment roll for the period January 1, 1995 through December 31, 1995 would be certified with the county auditor by the end of October 1996. The City has the right to charge interest on the amount assessed in that the City provided the funds for the initial expense. It is the staff recommendation that the interest rate be established at eight percent, the maximum allowed by State law. Payment may be made by the assessed owner before November 15, 1996 in order to avoid interest payments. Payments made after that date would include the interest payment. City staff will be available at the hearing to answer questions about the special assessment that may not have been raised prior to the hearing. The public hearing provides an opportunity for all interested persons to present their objections, if any, to such proposed assessment. Recommended Motion: Following the public hearing, it is recommended that the City Council approve the attached resolution adopting the assessment for removal of diseased trees from private • property for the period January 1, 1995 through December 31, 1995. It is further recommended that such payments be due and payable over a three-year period. Basis of Recommendation: 1. Each affected property owner has been notified of the proposed assessment as required by law. 2. Notice of the assessment has been published in the official city newspaper as required by State Statute. Alternative Recommendation: 1. None. Discussion/Decision Mode: Council may make any changes deemed necessary in the assessment roll as a result of the hearing by adding the phrase, "and has amended such proposed assessment as it deems just." Respectfully submitted, • Jame D. Prosser City Manager JDP:ds 0 6-a. 0 RESOLUTION NO. RESOLUTION ADOPTING ASSESSMENT ON REMOVAL OF DISEASED TREES FROM PRIVATE PROPERTY FOR THE PERIOD OF JANUARY 1, 1995 THROUGH DECEMBER 31, 1995 WHEREAS, pursuant to proper notice duly given as required by law, the City Council has met and passed upon all objections to the proposed assessment for current services related to removal of diseased trees from the following private property in the City of Richfield: Properly Address 7138 Fourth Avenue 7312 Blaisdell Avenue 7601 Oliver Avenue 6808 Cedar Avenue 6605 Irving Avenue 7400 Pillsbury Avenue 6313-14th Avenue 6239 Aldrich Avenue 7044 James Avenue • 6330 Blaisdell Avenue 6525 Oliver Avenue 7031 Fifth Avenue 7621-12th Avenue 6408-14th Avenue 6325-20th Avenue 6344-21 st Avenue 6637 Thomas Avenue 6516-21st Avenue 6210 Russell Avenue 6425-15th Avenue 7314 Penn Avenue 6804-13th Avenue 6937 Logan Avenue 0 Pro a Identification Number 34-02824-11-0043 34-02824-24-0091 33-02824-33-0064 26-02824-44-0002 28-02824-31-0092 34-02824-31-0049 26-02824-12-0094 28-02824-11-0020 33-02824-21-0039 27-02824-21-0077 28-02824-23-0093 34-02824-11-0081 35-02824-43-0037 26-02824-13-0117 25-02824-22-0045 25-02824-22-0051 29-02824-41-0064 25-02824-23-0059 29-02824-11-0107 26-02824-13-0046 32-02824-14-0072 26-02824-43-0024 28-02824-34-0060 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield, Hennepin County, Minnesota, as follows: 1. Such proposed assessment roll, in the amount of $14,697.85, is hereby accepted and shall constitute the special assessment against the lands named herein, and each tract of land therein included is hereby found to be benefited by the proposed current services in the amount of the assessment levied against it. ?,3 2. Such assessment shall be payable in no more than three annual installments and shall bear interest at the rate of eight percent from the date of adoption of this assessment resolution. 3. The owner of any property so assessed may, at any time prior to certification of the assessment to the county auditor, pay the whole of the assessment on such property to the city's Assessing Division, and he may at any time thereafter, pay to the city's Assessing Division the entire amount of the assessment remaining unpaid, with interest accrued to December 31 of the year in which such payment is made. Such payment must be made before November 15 or interest will be charged through December 31 of the next succeeding year. 0 4. The City Clerk shall forthwith transmit a certified duplicate of this assessment roll to the county auditor to be extended on the property tax lists of the county and such assessments shall be collected and paid over in the same manner as other municipal taxes. Passed by the City Council of the City of Richfield, Minnesota this 23rd day of September, 1996. Martin J. Kirsch, Mayor ATTEST: Thomas P. Ferber, City Clerk 0 ?J CITY OF RICHFIELD, MINNESOTA Council Letter No. 300 Agenda September 23, 1996 Issue Statement: Public hearing to consider specially assessing the 77th Street Project Area for current maintenance services for the period of January 1 through December 31, 1997 - proposed City Project No. 922 (continued from August 26, 1996). Background: The City Council has scheduled a continuation of a public hearing for September 23, 1996 to consider the establishment of a special assessment district for current maintenance service costs in the 77th Street Project Area between 1-35W and Cedar Avenue. Notice of this public hearing was mailed to all owners of commercial property in the area, and published in the official newspaper as required by law. The higher level of maintenance proposed to be provided in the area includes the trimming and watering of trees and plants, repair of sidewalks, trash and litter removal, irrigation maintenance and repair, and removal of snow and ice from sidewalks, maintenance of the sound wall barrier and performance of other specialized maintenance functions. . The estimated cost for the period January 1 through December 31, 1997 is $58,973. All commercial properties would be assessed on a square foot basis. For comparison purposes, the following is provided related to the former ILN/now 77th Street project maintenance special assessments for current services: 1988 Actual $7,001.47 77th St./Lyndale - Harriet Aves. 1989 Estimated $7,254 " " 1989 Actual $6,135.54 " It 1990 Estimated $7,514 " " 1990 Actual $7,662.52 " 1991 Estimated $7,780 " 1991 Actual $8,855.46 it It 1992 Estimated $8,894 " It 1992 Actual $7,031.70 it 1993 Estimated $9,200 19 " 1993 Actual $3,614.94 " 1994 -0- 1995 Estimated $18,000 77th St/35W - Portland Ave. 1995 Actual $10,569.06 1996 Estimated $33,795 77th St/35W - Cedar Ave. 1997 Estimated $58,973 After Construction & Warranties Completed $72,000 It At Recommended Motion: Following the close of the public hearing, adopt the resolution ordering the 77th Street Project Area maintenance work for the period January 1, 1997 through December 31, 1997 (proposed City Project No. 922) to be performed and the costs to be specially assessed to commercial properties in the expanded district. Basis of Recommendation: 1. Notice of the proposed assessment has been published in the official newspaper. 2. Each affected property owner has been notified of the proposed assessment. 3. Continued maintenance service for this commercial area is recommended in order to sustain the current standards for landscaping and maintenance which have been successful over the past years. Alternative Recommendation: None. Discussion/Decision Mode: A public hearing has been scheduled for the September 23, 1996 City Council meeting. • Respec ully submitted, Jams . Prosser City anager JDP:ds 0 S-CZ 0 RESOLUTION NO. RESOLUTION ORDERING UNDERTAKING OF CURRENT SERVICE PROJECT 77TH STREET PROJECT AREA - CITY PROJECT NO. 922 JANUARY 1 THROUGH DECEMBER 31, 1997 WHEREAS, pursuant to ordinance, the City Council of the City of Richfield did establish a special assessment district and did propose that certain current services be undertaken by the City in the 77th Street Project Area, approximately bounded by I- 35W, 77th Street, 1-494 and Cedar Avenue and that the cost of such services be specially assessed against benefited property, and WHEREAS, the City Council of the City of Richfield did also by such resolution set the date of the public hearing on the undertaking of such current service project and the levying of special assessment to bear the cost thereof, and WHEREAS, following due notice, such public hearing was held on September 23, 1996 at which time all interested parties desiring to be heard were given an opportunity to be heard. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield, Minnesota as follows: 1. That the following examples of current services of the City shall be undertaken by the City within the 77th Street Project Area, which area constitutes the special assessment district with the exception of single family and two family residential properties, plus the two churches in the area, with the cost of such services to be specially assessed against the benefited property within the district: a. Snow, ice or rubbish removal; b. Weed elimination; C. Elimination or removal of public health or safety hazards from private property, excluding any structure included under the provisions of Minnesota Statutes Section 463.15 to 463.26; d. Street sprinkling or other dust treatment of streets; e. Trimming and care of trees and the removal of unsound trees; f. Repair of sidewalks, crosswalks and other pedestrian walkways; g. Operation of the street lighting system; h. Maintenance of landscaped areas and other public amenities on or adjacent to street right-of-way; i. Snow removal and other maintenance of streets; j. General maintenance, including repairs and replacement. 2. The work to be performed may be by day labor, by City force, by contract or by any combination thereof. 5-3 3. The designated period of the project shall be from January 1 through December 31, 1997. Costs of the project shall be in the manner provided in the Richfield Ordinance Code. Passed by the City Council of the City of. Richfield, Minnesota this 23rd day of September, 1996. Martin J. Kirsch, Mayor ATTEST: Thomas P. Ferber, City Clerk • y? CITY OF RICHFIELD, MINNESOTA Council Letter No. 299 Agenda September 23, 1996 Issue Statement: Request from the State of Minnesota to review the request for a renewal of a currency exchange license for Check Express Minnesota, 6525 Nicollet Avenue. Background: On September 9, 1996, the City of Richfield received notification from the State of Minnesota, Department of Commerce, of a renewal application for a currency exchange license in the name of Check Express Minnesota, 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% or 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 six Public Safety contacts with this establishment from • September 1, 1995 through August 30, 1996. They were all related to false alarms. yE Recommended Motion: Staff recommends that the Council approve state issuance of a currency exchange license for Check Express, 6525 Nicollet Avenue. Basis for 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 Check Express Minnesota, 6525 Nicollet Avenue, is submitted for City Council consideration at this time. Respectf submitted, J D. Prosser C' anager JDP:ds v? CITY OF RICHFIELD, MINNESOTA Council Letter No. 298 Agenda September 23, 1996 Issue Statement: Consideration of a request for an amended off-street parking permit to allow a building expansion at 6511 Cedar Avenue. Background: The applicant, RJ Ryan Construction, is requesting an off-street parking permit to allow expansion of the existing building at 6511 Cedar Avenue. A 1,104 square foot expansion would be added to the existing 1,380 square foot building. The building serves as office space for the company. City guidelines require that 10 parking spaces be provided for the size of this office use; the proposed plan provides 13 parking spaces. The following improvements will be made to the parking lot: • curb and gutter will be installed along the south property line and in the northwest corner of the property; • landscaping will be provided along the north property line, in front of and behind the building; and • • exterior lighting will be installed on the rear of the building. The existing building has a side setback from the north property line of 0.5 feet. The applicant has requested a variance from the 3 foot side setback requirement to build the expansion in line with the existing building. Recommended Motion: Approve the request for an off-street parking permit for 6511 Cedar Avenue to allow a building expansion with the following stipulations: That the permit be subject to a variance being granted by the Hearing Examiner. 2. That curb and gutter be installed according to the proposed site plan. 3. That landscaping be installed according to the proposed site plan. 4. That the drain installed in the rear parking lot be in conformance with Environmental Protection Agency standards. Basis of Recommendation: 1. The parking to be provided meets City requirements. 2. The proposed expansion will update the appearance of the existing, building and provide additional office space for the business. qj)-] 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: Consideration of this item is scheduled on the consent calendar of the City Council meeting. Respectfully submitted, James . Prosser City Manager JDP:ds • 0 nstiuction>` E Q-t•M a.FvATION SIDE &SVATION DAR AVTUoE OFF STREET PARKING PERMIT BIND AND PLANTINGS l ITII S T NSTALLED TO BE INSTALLED VI y .,. EJCISTNG PROPOSED BUILDING ADDITION g .A oca.eHnnwar j f ??w.•*ewu+..?ar i w? (S? HG $ + ?? ? ?wa?k?nv.tvrwrwL R Y I 9p mw ??'Itl111bRNO1MRWY ?01/IIV?.Tll01.. ? I A? s a ?s I6 ' j CURBING TO BE INSTALLED Siff PLAN y ?..a.sw.a.waa. PROPOSED SITE PLAN, ELEVATIONS DATE: 9-6-9$ qC---1 CITY OF RICHFIELD, MINNESOTA Council Letter No. 297 Agenda September 23, 1996 Issue Statement: Request for approval of ?a subdivision waiver at 7301 Humboldt Avenue to allow splitting the parcel into two lots. Background: The applicant is requesting a subdivision waiver to divide the property at 7301 Humboldt Avenue into two lots. The lots were originally platted as two lots but were later purchased by one owner and joined for tax purposes. A house exists on the one lot; the second lot is vacant. The split of the property will result in two 6,640 foot lots (50 feet by 133 feet), which exceed the minimum lot size requirement of 5,000 square feet for a lot platted prior to 1995. The owner plans to sell the two lots separately. Recommended Motion: Adopt the resolution authorizing the subdivision waiver at 7301 Humboldt Avenue. Basis of Recommendation: 1. Approval of the subdivision waiver would not interfere with the purposes of platting regulations, Section 500.05 of the City Code. 2. Compliance with the regular platting requirements of Section 500.05, Subd. 1 of the City Code would result in an unnecessary hardship. 3. Approval of the subdivision waiver would enable the property owner to sell the two properties separately. 4. The lots are separately platted lots and were joined for tax purposes only. 5. The lots meet size and width requirements. Alternative Recommendation: The City Council may deny this subdivision waiver if a finding of fact determines that the proposal would have an adverse impact on adjacent properties. Discussion/Decision Mode: This item is scheduled on the City Council agenda at 7:00 p.m. on Monday, September 23, 1996. Respec Ily submitted, Jame . Prosser City Manager JDP:ds • qC-1 • RESOLUTION NO. THE CITY OF RICHFIELD, MINNESOTA RESOLUTION AUTHORIZING SUBDIVISION WAIVER 7301 HUMBOLDT AVENUE WHEREAS, an application has been filed with the City of Richfield which requests approval of a subdivision waiver for the division of certain parcels of land generally located at 7301 Humboldt Avenue, legally described as Lots 23 and 24, Block 6, Irwin Shores Addition, City of Richfield, Hennepin County, Minnesota; and WHEREAS, the proposed division of land for which the subdivision waiver is sought is legally described as follows: • Parcel A: Lot 23, Block 6, Irwin Shores Addition, City of Richfield, Hennepin County, Minnesota; • Parcel B: Lot 24, Block 6, Irwin Shores Addition, City of Richfield, Hennepin County, Minnesota; and WHEREAS, the two lots resulting from the subdivision waiver will comply with • Section 521.09 of the City Code relating to lot area and width; and WHEREAS, the City has fully considered the request for approval of the subdivision waiver; and WHEREAS, the Council finds that compliance with the City Code Section 500.05, Subd 1 would result in unnecessary hardship and that failure to comply therewith will not interfere with the purposes of platting regulations of Section 500.01. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield, Minnesota, as follows: 1. A waiver for the subdivision of property legally described above is hereby approved subject to the following condition: That all future transfer of any of the property described as Lots 23 and 24, Block 6, Irwin Shores Addition, City of Richfield, Hennepin County, Minnesota shall be by parcel or parcels described above as Parcel A and Parcel B. 2. Upon compliance with such condition, City staff is authorized and directed to take any action necessary to effectuate this resolution and to authorize the recording of conveyances complying with the requests of this resolution. qC-2- Adopted by the City Council of the City of Richfield, Minnesota this 23rd day of September, 1996. Martin J. Kirsch, Mayor ATTEST: Thomas P. Ferber, City Clerk C, 7301 HUMBOLDT AVENUE LOT SUBDIVISION 73 RD STREET D W a D 0 G i. J 0 _ LUMB s cC- g f 1 /1 1- i CR[I[ wwl?+ 7 I c- _C ? jc? • 8 El W ~ Z sw•e.. ! r p J 20.3 coNCrtcrt o p ° ?•' er, DUSTING HOUSE j 7301 HUMBOLDT AVENUE S. mart d• /7p EYJS71NG GARAGE A n ?r Q e / a ?I_)IA/i?? DM•e. /7.! C? W I V V I I V // )nn J .f t x).1 20.7/ ,2) p . ........__________.........-_____-____......._. C. ./_ ..... N89'5159 E i= /32.80 MEA S. (/J2.69 PLAT) =i -•.•••• ----- s s.M WONWEN1 \ SE, non u EN, •. .i eelx 1 \ ex.t ecq i• C' J, AREA \ 6,640 SO. FT. \ W' U a • • f L' V { 0. 152 ACRES \ \ a O / 7305 HIAASOL07 AVENUE S. h \ O r ,w h Op i T 589'53'0/ "W 0 c s \ /77.70 PLAT & MEAS1 pL n T 1 n 1 1-.\/ I SEt wp. Vp1WEN1 E ,.c .-S( /? °.1.3. 0617 \ 1O 3/1' OeEN MON % / L 1" PLAN PLANNING ZONING o mmunRy oft-vq nent DapaMwnt .(I) NORTH SITE PLAN SCALE: V= 24'± DATE: 9-17-96 ?B CITY OF RICHFIELD, MINNESOTA Council Letter No. 296 Agenda September 23, 1996 Issue Statement: Request for approval of a subdivision waiver at 7001 Sheridan Avenue to create two buildable lots. Background: The Housing and Redevelopment Authority (HRA) is requesting a subdivision waiver to divide the lot at 7001 Sheridan Avenue into two lots. The existing lot is 132 feet by 135 feet (17,820 square feet). The HRA proposes to divide the lot and create two lots, 66 feet by 135 feet. The resulting 8,910 square foot lots would exceed the City's minimum lot size requirement of 6,700 square feet. The existing house on the property will be demolished. It is in a deteriorating condition, not oriented to the street and it crosses the proposed line of the subdivision. The two vacant lots would be sold through the Richfield Rediscovered program and two new homes constructed on the lot. Recommended Motion: Adopt a resolution authorizing the subdivision waiver for 7001 Sheridan Avenue. Basis of Recommendation: 1. Approval of the subdivision waiver would .not interfere with the purposes of platting regulations, Section 500.05. • 2. Compliance with the regular platting requirements of Section 500.05, Subd. 1 of the City Code would result in an unnecessary hardship. 3. The proposed lots meet the Zoning Ordinance requirements for minimum lot size, width and depth. 4. The proposed use of the lots as single family residential housing is consistent with the adjacent land uses and the zoning of the property. Alternative Recommendation: The City Council may deny this subdivision waiver if a finding of fact determines that the proposal would have an adverse impact on adjacent properties. Discussion/Decision Mode: This item is scheduled on the City Council agenda at 7:00 p.m. on Monday, September 23, 1996. Respectf Ily submitted, Jam D. Prosser City anager JDP:ds Lf8"1 0 RESOLUTION NO. THE CITY OF RICHFIELD, MINNESOTA RESOLUTION AUTHORIZING SUBDIVISION WAIVER 7001 SHERIDAN AVENUE WHEREAS, an application has been filed with the City of Richfield which requests approval of a subdivision waiver for the division of certain parcels of land generally located at 7001 Sheridan Avenue, legally described as follows: That part lying north of the south 130 feet and lying south of the north 30 feet of Lot 7, Sabin Lake Harriet Garden Lots, Hennepin County, Minnesota. WHEREAS, the proposed division of land for which the subdivision waiver is sought is legally described as follows: • Parcel A: The east 66 feet of that part lying north of the south 130 feet and lying south of the north 30 feet of Lot 7, Sabin Lake Harriet Garden Lots, Hennepin County, Minnesota; • Parcel B: That part lying west of the east 66 feet of that part lying north of the south 130 feet and lying south of the north 30 feet of Lot 7, Sabin Lake Harriet Garden Lots, Hennepin County, Minnesota; and WHEREAS, the two lots resulting from the subdivision waiver will comply with Section 521.09 of the City Code relating to lot area and width; and WHEREAS, the City has fully considered the request for approval of the subdivision waiver; and WHEREAS, the Council finds that compliance with the City Code Section 500.05, Subd 1 would result in unnecessary hardship and that failure to comply therewith will not interfere with the purposes of platting regulations of Section 500.01. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield, Minnesota, as follows: 1. A waiver for the subdivision of property legally described above is hereby approved subject to the following conditions: a) that all future transfer of any of the property described as that part lying north of the south 130 feet and lying south of the north 30 feet of Lot 7, Sabin Lake Harriet Garden Lots, Hennepin County, Minnesota, shall be by • parcel or parcels described above as Parcel A and Parcel B; and 4b-3- b) that the existing house at 7001 Sheridan Avenue be demolished or brought into conformance with the setback requirements of Section 521.11 of the City Code. 2. Upon compliance with such conditions, City staff is authorized and directed to take any action necessary to effectuate this resolution and to authorize the recording of conveyances complying with the requests of this resolution. Adopted by the City Council of the City of Richfield, Minnesota this 23rd day of September, 1996. Martin J. Kirsch, Mayor ATTEST: E Thomas P. Ferber, City Clerk • NORTH PARCEL PLAN SCALE: V = 30' DATE: 9-11-96 YA n CITY OF RICHFIELD, MINNESOTA Council Letter No. 295 Agenda September 23, 1996 Issue Statement: Resolution appointing additional election judges for the November 5, 1996 General Election. Background: Minnesota Statute 20413.21, Subd. 2 provides that election judges for precincts in a municipality shall be appointed by the governing body of the municipality and that the appointments be made at least 25 days before the election at which the election judges will serve. On August 12, 1996, the City Council passed Resolution No. 8371 which appointed as election judges 155 individuals whose.names were on the updated election judge availability list. That appointment by the City Council allowed for them to serve as election judges at the Primary Election, the General Election or both elections. Election judges are assigned to the precincts based on availability, party balance, and the number required for each election. The General Election will require assignment of the greatest number of available judges because this is a Presidential Election. Since the August 12 City Council appointment of election judges, the City Clerk's office has received several additional names of individuals who are eligible and able to serve as election judges for the Tuesday, November 5, 1996 General Election. Recommendation: Adopt the attached resolution appointing additional election judges for the General Election to be held on Tuesday, November 5, 1996. Basis for Recommendation: 1. Compliance with Minnesota Statute 20413.21, Subd. 2. 2. The proposed resolution contains additional names of those who have indicated a willingness and ability to serve as an election judge for the November 5, 1996 General Election. Alternative Recommendation: The City Council could chose not to appoint the additional individuals who are named in the resolution. qA- Discussion/Decision Mode: The City Council is required by State Statute to make election judge appointments at least 25 days prior to the election. Therefore, it is recommended the City Council pass the attached resolution at this meeting. Respectfully submitted, James Prosser City Manager JDP:ds • yA a 0 RESOLUTION NO. RESOLUTION APPOINTING ADDITIONAL ELECTION JUDGES FOR THE GENERAL ELECTION OF NOVEMBER 5, 1996 WHEREAS, a General Election will be held on Tuesday, November 5, 1996. NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Richfield, that the following are hereby appointed as judges for said election: Rob Bauer (R) Jenny Boemer (R) Ellen Brandon (R) Elaine Carlson (R) Robert Dover (R) Vern Fischback (R) Shari Lamecker (R) Janice Moore (DFL) Dorothy Nehrbass (R) James Niemackl (R) Tom Niemackl (R) Chad Sharkey (R) Dianna St. Aubin (R) Pearl Weitbrecht (DFL) And, that these names be added to the list of those appointed as election judges in Resolution No. 8371. PASSED by the City Council of Richfield, Minnesota this 23rd day of September, 1996. Martin J. Kirsch Mayor ATTEST: Thomas P. Ferber City Clerk