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3-28-94 agendaCITY OF RICHFIELD, MINNESOTA MONDAY, MARCH 28, 1994 **??t?***?c?r*?t???t?*???????t**??c?t??t?t*??r?c***?t?t?t*?*??*?*?r*?**?*??**?t?t* CONCURRENT CITY COUNCIL AND HOUSING AND REDEVELOPMENT AUTHORITY MEETING 7:00 P.M. COUNCIL CHAMBERS AGENDA INTRODUCTORY PROCEEDINGS CALL TO ORDER PLEDGE OF ALLEGIANCE PRESENTATIONS 1. PRESENTATION FROM RICHFIELD HIGH SCHOOL BAND MEMBERS AND SMALL GROUP FROM AMERICAN LEGION-RICHFIELD POST #435 2. PRESENTATION OF PROCLAMATION HONORING U.S. REPRESENTATIVE MARTIN OLAV SABO FOR ASSISTANCE ON THE CITY OF RICHFIELD 77TH STREET RECONSTRUCTION PROJECT ITEM TO BE CONSIDERED CONCURRENTLY BY CITY COUNCIL AND HRA: 1. CONSIDERATION OF CONCEPTUAL ACCEPTANCE OF SHOPS AT LYNDALE REDEVELOPMENT PROPOSAL; ILN COUNCIL LETTER NO. 90 HRA LETTER NO. 24 ITEMS TO BE CONSIDERED BY HRA: 1. CONSIDERATION OF RESOLUTION APPROVING MODIFICATION TO RICHFIELD REDEVELOPMENT PROJECT PLAN, CONSISTING OF MODIFICATION NO. 4 TO REDEVELOPMENT PLAN AND TAX INCREMENT FINANCING PLAN FOR INTERSTATE/LYNDALE/NICOLLET REDEVELOPMENT PROJECT; REQUESTING RICHFIELD CITY COUNCIL TO CONDUCT A PUBLIC HEARING RECOMMENDING APPROVAL OF THE PLANS HRA LETTER NO. 25 2. CONSIDERATION OF RESOLUTION APPROVING CONTRACT FOR PRIVATE REDEVELOPMENT WITH CSM CORPORATION; ILN REDEVELOPMENT PROJECT HRA LETTER NO. 26 3. CONSIDERATION OF RESOLUTION AUTHORIZING CONDEMNATION AND QUICK TAKE OF PHASE I, THE SHOPS AT LYNDALE; ILN REDEVELOPMENT PROJECT HRA LETTER NO. 27 4. CONSIDERATION OF TIME AND EVENTS SCHEDULE FOR PROPOSED CSM PROJECT; PHASE I HRA LETTER NO. 28 ITEMS TO BE CONSIDERED BY CITY COUNCIL: 1. CONSIDERATION OF RESOLUTION DIRECTING PLANNING COMMISSION TO REVIEW AND CONSIDER AMENDMENT TO COMPREHENSIVE DEVELOPMENT PLAN MAP WITH RESPECT TO CSM PROPOSAL AND RELOCATION OF EMERSON AVENUE CONGREGATIONAL CHURCH COUNCIL LETTER NO. 91 2. CONSIDERATION OF PLANNED UNIT DEVELOPMENT PLAN AND FIRST READING OF ORDINANCE REZONING LAND FROM HIGH DENSITY COMMERCIAL TO PLANNED GENERAL COMMERCIAL FOR CSM PROPOSAL • COUNCIL LETTER NO. 92 3. CONSIDERATION OF SCHEDULING SPECIAL CITY COUNCIL MEETING FOR 7 P.M. ON MONDAY, APRIL 18, 1994 FOR PURPOSE OF CONSIDERING: ? PLANNED UNIT DEVELOPMENT PLAN AND SECOND READING TO REZONE PHASE I AND PHASE II OF CSM PROPOSAL; ? CONDITIONAL USE PERMIT/FINAL DEVELOPMENT PLAN FOR PHASE I OF CSM PROPOSAL; ? AMENDMENTS TO COMPREHENSIVE PLAN MAP WITH RESPECT TO CSM PROPOSAL COUNCIL LETTER NO. 93 4. CONSIDERATION OF TIME AND EVENTS SCHEDULE FOR PROPOSED CSM PROJECT; PHASE I COUNCIL LETTER NO. 94 ADJOURNMENT REGULAR CITY COUNCIL MEETING IMMEDIATELY FOLLOWING CONCURRENT MEETING is COUNCIL CHAMBERS AGENDA INTRODUCTORY PROCEEDINGS CALL TO ORDER APPROVAL OF MINUTES OF THE (1) SPECIAL JOINT CITYCOUNCIL/HOUSING AND REDEVELOPMENT AUTHORITY MEETING OF MARCH 14, 1994 AND (2) REGULAR CITY COUNCIL MEETING OF MARCH 14, 1994 PRESENTATION 1. OPPORTUNITY FOR PERSONS TO ADDRESS THE COUNCIL ON ITEMS NOT LISTED ON THE AGENDA AGENDA APPROVAL 2. COUNCIL APPROVAL OF AGENDA CONSENT CALENDAR NOTE: 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. 3A. CONSIDERATION OF APPROVAL OF PURCHASE WITH DONATED FUNDS OF CITY SIGN AND MESSAGE BOARD FOR CITY HALL IN AMOUNT OF $10,065 C.L. 95 B. CONSIDERATION OF APPROVAL OF REQUEST FOR OFF-STREET PARKING PERMIT TO ACCOMMODATE BUILDING EXPANSION AND PARKING LOT EXPANSION AT ST. NICHOLAS CHURCH, 7227 PENN AVENUE C.L. 96 C.. CONSIDERATION OF APPROVAL OF RESOLUTION ESTABLISHING JUST COMPENSATION AND AUTHORIZING PURCHASE OF PARTIAL FEE TAKING AND TEMPORARY EASEMENTS AT 7701 PORTLAND AVENUE; 77TH STREET PROJECT C.L. 97 D. CONSIDERATION OF APPROVAL OF GRANT APPLICATION TO MINNESOTA DEPARTMENT OF TRANSPORTATION FOR PEDESTRIAN AND BICYCLE ENHANCEMENT PROJECT AND AUTHORIZATION FOR MAYOR TO SEND LETTER OF SUPPORT TO BLOOMINGTON FOR 79TH STREET BIKEWAY C.L. 98 E. CONSIDERATION OF APPROVAL OF PURCHASE IN EXCESS OF $5,000 FOR INSTALLATION OF NEW 911 EQUIPMENT AND TWO 20-KEY TELEPHONES LEASED FROM US WEST COMMUNICATIONS IN PUBLIC SAFETY COMMUNICATIONS CENTER IN AMOUNT OF $5,540.00 C.L. 99 F. CONSIDERATION OF PURCHASE IN EXCESS OF $5,000 FOR AERIAL PHOTOGRAPHS OF RICHFIELD WITH ONE FOOT ELEVATION CONTOURS FROM HORIZONS IN AMOUNT OF $52,940 C.L. 100 G. CONSIDERATION OF OF 1994 CONTRACT PROPERTY IN BOTH ESTIMATED AMOUNT H. CONSIDERATION OF SERVICE CORPORAT VEHICLES APPROVAL OF BID MINUTES/TABULATION AND AWARD FOR REMOVAL OF DISEASED TREES ON PRIVATE DISTRICTS TO CERES TREE COMPANY IN TOTAL OF $108,764 C.L. 101 APPROVAL OF TAXICAB LICENSE: YELLOW TAXI ION d/b/a SUBURBAN YELLOW CAB COMPANY; 8 PUBLIC HEARINGS 4. PUBLIC HEARING AND SECOND READING OF INTERIM ORDINANCE FOR PURPOSE OF PROTECTING PLANNING PROCESS AND HEALTH, SAFETY, AND WELFARE OF CITY RESIDENTS; AND REGULATING AND RESTRICTING DEVELOPMENT OF GUNSHOP USES WITHIN CITY COUNCIL LETTER NO. 102 • 5. PUBLIC HEARING AND SECOND READING OF ORDINANCE AMENDMENT TO REGULATE DRIVEWAYS, PARKING AREAS AND SIDEWALKS IN SINGLE FAMILY AND LOW DENSITY SINGLE FAMILY DISTRICTS; AND CONSIDERATION OF RESOLUTION AMENDING APPENDIX D OF ORDINANCE CODE OF CITY OF RICHFIELD SETTING PERMIT FEE FOR EXPANSION OR INSTALLATION OF DRIVEWAYS, PARKING AREAS AND SIDEWALKS 'COUNCIL LETTER NO. 103 PROPOSED ORDINANCES 6. CONSIDERATION OF FIRST READING OF ORDINANCE AMENDMENT TO REZONE THE FOLLOWING MULTIPLE RESIDENCE PROPERTIES: 1) 6409, 6415, 6421 AND 6429 BLAISDELL AVENUE TO SINGLE FAMILY RESIDENCE; 2) 6227-29 AND 6237 PLEASANT AVENUE TO HIGH DENSITY MULTI-FAMILY RESIDENCE ; 3) 840 WEST 65TH STREET TO HIGH DENSITY MULTI-FAMILY RESIDENCE; AND 4) 920-24-28 RAE DRIVE TO HIGH DENSITY MULTI-FAMILY RESIDENCE COUNCIL LETTER NO. 104 7. CONSIDERATION OF RESOLUTION CALLING FOR ACQUISITION AND PUBLIC HEARING ON SALE OF 7537 GIRARD AVENUE; AND FIRST READING OF ORDINANCE AUTHORIZING SALE OF PROPERTY TO HRA COUNCIL LETTER NO. 105 ADMINISTRATIVE REPORTS & OTHER BUSINESS 8. CONSIDERATION OF REQUEST FOR NEW 1994 NON-INTOXICATING MALT LIQUOR LICENSE FOR KIANG'S RED PEPPER, INC. d/b/a RED PEPPER • CHINESE RESTAURANT, 2902 WEST 66TH STREET COUNCIL LETTER NO. 106 9. CONSIDERATION OF REQUEST FOR 60 DAY TEMPORARY ON-SALE AND SUNDAY LIQUOR LICENSE FOR CHAMPPS DEVELOPMENT CORPORATION d/b/a CHAMPPS SPORTS CAFE, 790 WEST 66TH STREET COUNCIL LETTER NO. 107 10. CONSIDERATION OF SETTING DATE OF PUBLIC HEARING FOR CONSIDERATION OF NEW ON-SALE LIQUOR LICENSE FOR CHAMPPS DEVELOPMENT CORPORATION d/b/a CHAMPPS SPORTS CAFE, 790 WEST 66TH STREET COUNCIL LETTER NO. 108 11. CONSIDERATION OF EXPENDITURE OF $93,030 FOR INSTALLATION OF UTILITIES UNDERGROUND ALONG 77TH STREET BETWEEN CHICAGO AVENUE AND BLOOMINGTON AVENUE AS PART OF 77TH STREET RECONSTRUCTION PROJECT COUNCIL LETTER NO. 109 AIRPORT BUSINESS 12. AIRPORT STATUS REPORT • 77TH STREET PROJECT BUSINESS 13. 77TH STREET PROJECT STATUS REPORT CORRESPONDENCE 14. LEGISLATIVE REPORT COUNCIL CHOICE 15. COUNCIL DISCUSSION ITEMS 16. CLAIMS AND PAYROLLS 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. 9 CITY OF RICHFIELD, MINNESOTA Council Letter No. 107 Agenda March 28, 1994 Issue Statement: Consideration of request for a 60 day temporary on-sale and Sunday liquor license for Champps Development Corporation d/b/a Champps Sports Cafe, 790 West 66th Street. Background: Due to a change in major stockholders, Champps Sports Cafe is requesting a 60 day temporary on-sale liquor license. Recommended Motion: Approve the request for a 60 day temporary on-sale and Sunday liquor license for Champps Development Corporation d/b/a Champps Sports Cafe, 790 West 66th Street, with the stipulation that the requirements are met in Resolution No. 7380. Basis of Recommendation: 1. A 60 day temporary license will allow Public Safety staff enough time to complete their investigation for the public hearing on April 25, 1994. Alternative Recommendation: • 1. Deny the 60 day temporary license. This would mean Champps Sports Cafe would not be able to serve on-sale liquor until the public hearing held on April 25, 1994. Discussion/Decision Mode: The request for a 60 day temporary on-sale and Sunday liquor license for Champps Development Corporation d/b/a Champps Sports Cafe, is being presented to Council at this time. RespectfiAlly submitted, James)D. Prosser City anaaer JDP:cak CITY OF RICHFIELD, MINNESOTA M Council Letter No.109 Agenda March 28, 1994 Issue Statement: Consideration of approval of expenditure of $93,030 for the installation of utilities underground along 77th Street between Chicago Avenue and Bloomington Avenue as part of the 77th Street reconstruction project. Background: In November 1992, the City Council reviewed a report from BRW, a consultant planning and engineering firm, which recommended that the overhead utility lines within the 77th Street corridor be buried wherever practical. Specifically, the City Council directed that the overhead lines which parallel 77th Street between Nicollet and Chicago be buried at a cost of $123,848. In other sections of 77th Street, significant cooperation with businesses and apartment owners is needed because those owners must pay to have their own private services buried in order to receive the full benefit of the effort. In the summer of 1993, the 77th Street businesses between Lyndale and Colfax Avenues volunteered to bury their electrical and telephone services if the City paid to bury the main lines. On August 23, 1993, the City Council approved a $39,128 expenditure to bury the telephone and electrical main lines in the area. • The BRW report indicated a reluctance to bury the utility lines east of Chicago because of the many service lines to adjacent businesses. A closer analysis of each service line shows that these services can remain underground within the project area. The service lines will return above ground on poles outside the project area. So most of the advantages of burying the utility lines can be realized. Recently, City staff pursued the burying of the utility lines between Chicago and Bloomington Avenues. Businesses and apartment owners are receptive to burying their service lines. These few services are widely spaced. In addition, these services can be buried within the 77th Street project area and strung up power poles outside the project area. So, the above ground utility lines will be eliminated within the project area whether the services are buried or not. Burying utility lines provides obvious visual benefits. Not only are the wires and poles unsightly but trees must be kept trimmed away from the lines giving them an unnatural appearance. The businesses benefit by improving access for truck deliveries to their buildings. Burying utility lines is not an eligible expense in the Federal • Demonstration Grant or Municipal State Aid funds. There are sufficient funds in the Capital Project Funds to cover this cost using either the Public Investment Revolving Fund or the General Cash Balance as the funding source. Recommended Motion: Approve the installation of underground utility lines along the south side of 77th Street between Chicago Avenue and Bloomington Avenue, including relocating the high voltage line near 12th Avenue above ground to cross 77th Street instead of paralleling 77th Street, as part of the 77th Street reconstruction project at a cost of $93,030. Basis of Recommendation: 1. The City is responding to a request by affected businesses that favor this proposal. 2. The relocation of,the overhead lines will provide an improved visual environment along 77th Street. 3. Maintain consistency with the buried utility lines west of Lyndale Avenue. 4. There are no existing trees affected by this proposal and the addition of new trees will not need special trimming. Alternative Recommendation: 1. Require the utility lines be maintained above ground. • 2. Approve expenditure of $120,000 to bury ALL utilities including the high voltage line at Chicago Avenue. Discussion/Decision Mode: Staff is requesting approval at this time in order to facilitate timely burial of utility lines so as to not delay Phase II of the reconstruction of 77th Street. Re's c lly submitted, Ja a D. Prosser Ci Manager JDP:cak jO CITY OF RICHFIELD, MINNESOTA Council Letter No. 108 Agenda March 28, 1994 Issue Statement: Setting date of public hearing for consideration of a new on-sale liquor license for Champps Development Corporation d/b/a Champps Sports Cafe, 790 West 66th Street. Background: Due to a significant percent of stock exchanged, an application for a new on-sale liquor license for Champps Sports Cafe has been received by the City. City ordinance provides that the City Council conduct a public hearing to consider all liquor license applications. Recommended Motion: Schedule a public hearing for April 25, 1994 to consider a new on-sale liquor license for Champps Development Corporation d/b/a Champps Sports Cafe, 790 West 66th Street. Basis of Recommendation: 1. A public hearing must be scheduled and conducted before a new license may be considered. • 2. The application process has been initiated. - 3. Holding the public hearing on April 25, 1994 will provide ample time to complete the licensing process. Alternative Recommendation: 1. Schedule the hearing for another date. However, this may delay the licensing process. Discussion/Decision Mode: Action to schedule the public hearing on April 25, 1994 will provide sufficient time for legal publication of the hearing. Resp t ully submitted, Jame Prosser City anager JDP:ds 9 CITY OF RICHFIELD RESOLUTION NO. 7380 RESOLUTION SPECIFYING CERTAIN IMPROPER CONDUCT OF ON-SALE INTOXICATING LIQUOR LICENSEES AND STATING RECOMMENDED DISCIPLINE THEREFOR - BE IT RESOLVED by the City Council of the City of Richfield as follows: I. BACKGROUND STATEMENT The City of Richfield annually issues a number of licenses permitting the on-sale sale of intoxicating liquor within the City. The conduct of the licensed activity is governed by the provisions of Section 1200 of the City Code. Although, the • provisions of that Section describe ina general way what is expected of licensees in the proper conduct of the licensed activity, the City Council is concerned that licensees should have a more specific understanding of the types of conduct, generally described in the Code, which may subject their licenses to discipline; and further that they have a clear understanding of the scope and nature of the discipline which may be imposed for certain specific conduct. The levels of discipline described in this resolution will be imposed only in accordance with the applicable provisions of law. The list of activities and conduct contained in this resolution is not intended to be exhaustive, but rather concentrates on the types of conduct most frequently observed at licensed establishments. Other activity or conduct which is detrimental to the public safety, health, morals and welfare and which constitutes a violation of the provisions of Section 1200 of the City Code may also subject liquor licenses to discipline. The actions which the City may take in accordance with this resolution are not intended to preclude such further actions such as actions in law or in equity or criminal prosecution available to the City-for the conduct described in this resolution. II, sPFCTFTC PRnHTETTF.D roNnur-T AND PRnPns .D sANc TnNC A. Nni se and Other Di gt irhi ng Conduct W; t-h; n nr NQar t lp_ Licensees are responsible for the conduct of their patrons while within the licensed establishment; and of individuals within the immediate vicinity of the establishment who are either coming to • or leaving the establishment. The City is unwilling to permit the continued operation of a licensed liquor establishment in circumstances where it is evident that the licensed activity is having a detrimental impact upon the health, welfare, safety and morals of the community and patrons of the establishment. The following discipline may be imposed upon on-sale intoxicating liquor licenses for verified reports of criminal misconduct occurring on or near the licensed premises and attributable to patrons of the establishment (including persons entering or leaving): a) For five (5) such incidents occurring within less than a 31-day period (beginning with the date of the first of such five incidents) - suspension of the license for 9-3 up to 10 days and a civil fine of $2,000 for each incident. b) For ten (10) such incidents occurring within less than a 61-day period (beginning with the date of the first of such incidents) - suspension of the license for up to 30 days and a civil fine-of $2,000 for each incident. c) For fifteen (15) such incidents occurring within any 91- day period (beginning with the date of the first of such incidents) - suspension of the license for up to 60 days and a civil fine of $2,000 for each incident. The discipline outline above is intended to be cumulative in nature, and incidents which give rise to discipline (or the right to discipline) during a shorter period may be counted in determining whether discipline is appropriate during a longer period. The term "verified reports of criminal misconduct" means a report made to the director of public safety by the licensee or a complaint made by others concerning an incident constituting a crime under the City Code or the laws of the State of Minnesota, which, in the opinion of the director, is directly attributable to the licensed activity. Verified reports of criminal misconduct do not of necessity mean requests for service, and licensees shall not be required to make requests for service in situations where the licensee is capable of resolving the incident without police assistance. However, it is necessary for the City to have an accurate measure of the level of criminal misconduct. The department of public safety shall establish standards and criteria for the making of such reports by the licensee. If the licensee fails to make the required reports of criminal misconduct in accordance with such standards and criteria, the following additional discipline may be imposed upon its on-sale intoxicating liquor license: a) For the first incident of failure to report criminal misconduct within any license year - suspension of license for up to five days and a civil fine of $2,000. b) For the second such incident in any license year - suspension of license for up to 10 days and a civil fine of $2,000. c) For the third such incident in any license year - suspension of license for up to 15 days and a civil fine of $2,000. B. PrM isag with Alnnhnl;r BPVPras;P_ Licensees must assure that the service and consumption of alcoholic beverages will be confined only to those areas permitted by the license. Failure to do so may have an evident and adverse impact upon other activities lawfully occurring within the area and creates a substantial risk of criminal behavior such as violation of the Open Bottle Law. The following discipline may be imposed upon on-sale intoxicating beverage licenses: a) The first incident during the license year - up to a 10- day suspension and $2,000 civil fine. b) The second incident during the license year - up to a 30-day suspension and.$2,000 civil fine. c) The third incident during the license year - up to a 60- day suspension and $2,000 civil fine. d) The fourth incident during the license year - revocation of license. C. PPrmi ti-i n Qnnm ann3Z-_._tn FxnPP!a the T i mi i-a PPrmi ttAd Unc9Pr the Uni form Fi rP COAP 25-114 ( nvornrowdi ng ) Licensees are absolutely bound to prevent situations in which the licensed premises become overcrowded. The City finds that the opportunity to serve alcoholic beverages contributes to an environmental wherein overcrowding, if not strictly controlled by the licensee, may occur. Each liquor license issued shall state the maximum occupancy limit for the licensed premises. The following discipline may be imposed upon on-sale intoxicating liquor licenses for incident of overcrowding verified by the City's public safety director: a) The first incident during the license year - up to a 10- day license suspension and $2,000 civil fine. b) The second incident during the license year - up to a 30-day suspension and $2,000 civil fine. Q) The third incident during the license year - up to a 60- day suspension and $2,000 civil fine. d) The fourth or subsequent incident during the license year revocation of the license. D. Fan; 1 i tat; nc; Cgam1?1 ; n - _ Licensees must not permit or allow any condition to occur on the licensed premises which would facilitate gambling activity. Licensees may not permit any device on the licensed premises which could be used for gambling. Such devices include blackjack tables, video games of chance, roulette wheels and any other amusement or gambling device as defined in Minnesota Statutes, Chapters 349 and 609, and Richfield City Code Subsections 1100.13 and 1100.01 For any incident of facilitation of gambling the on-sale intoxicating liquor may be suspended for up to a period of days equal in number to the period of days that such incident continued. E. FffPnt of SngnPnSion or RPynnatinn of Fnnd T;nPnse On- sale intoxicating liquor licenses which are issued to establishments because they qualify as restaurants shall cease to be valid for any period of time during which the establishment's food license is under suspension or revocation as the result of actions taken by the city manager, enforcement officer, or both pursuant to Subsection 615.05, subdivision 6 of the City Code. 0 9.7 The on-sale sale of intoxicating liquor during such period shall N constitute an unlicensed sale. The City Council retains the right to modify the provisions of this resolution from time and to impose penalties in excess of those contained herein when, in the judgment of the council it is appropriate to do so. Passed by the City Council of the City of Richfield this 14th day of December 1987. John N. Hamilton, Mayor ATTEST: 0 Thomas Ferber, City Clerk 11 S CITY OF RICHFIELD, MINNESOTA Council Letter No.106 Agenda March 28, 1994 Issue Statement: Consideration of a request for a new 1994 non-intoxicating malt liquor license for Kiang's Red Pepper, Inc., d/b/a Red Pepper Chinese Restaurant, 2902 West 66th Street. Background: On October •29, 1993, the City received the new application and other required documents for the non-intoxicating malt liquor license for Red Pepper Chinese Restaurant. The applicant has paid the required license fee. The Public Safety background investigation has been completed and reveals the following: ? Mr. Ricky Kiang has made application for a non-intoxicating malt liquor license under the name Kiang's Red Pepper, d/b/a Red Pepper Chinese Restaurant. The corporate structure shows that Mr. Kiang is serving as President, Vice-President, Secretary and Treasurer. Mr. Kiang is also serving as the General Manager of the restaurant and is the • sole owner of the restaurant. Mr. Kiang has no known criminal record. On February 14, 1994, the City Council approved an increase in the number of non-intoxicating liquor licenses that could be licensed from 9 to 12. The increase makes it possible for Red Pepper Chinese Restaurant to apply for this license. Recommended Motion: Approve the issuance of a new 1994 non-intoxicating malt liquor license for Red Pepper Chinese Restaurant. Basis for Recommendation: 1. The applicant has complied with all of the provisions of both City Codes and State Statutes pertaining to a non- intoxicating malt liquor license. 2. Based upon the information supplied by the applicant and the investigation conducted, there appears to be no reason to deny the license requested. Alternative Recommendation: 1. The Council could decide to deny the request for a non- intoxicating malt liquor license. This would mean that the restaurant would be unable to serve non-intoxicating malt liquor but would still continue to serve wine. 9, i Discussion/Decision Mode: The hearing to consider the request for the issuance of a new non-intoxicating malt liquor license for Kiang's Red Pepper, Inc., d/b/a Red Pepper Chinese Restaurant has been scheduled for March 28, 1994 and is being presented to Council at this time. Resp lly submitted, Jame Prosser City anager JDP:ds -`7 CITY OF RICHFIELD, MINNESOTA Council Letter No. 105 Agenda March 28, 1994 Issue Statement: Authorization to acquire 7537 Girard Avenue and to allow the HRA to proceed with new single family construction; and first reading of the ordinance authorizing sale of the property to the HRA. Background: Since 1980, the HRA has utilized the Voluntary Acquisition Program and CDBG funds to acquire substandard or under utilized residential properties for redevelopment. The Vo-Tech builds new housing units for moderate income families. The structure at 7537 Girard Avenue is substandard and a neighborhood eyesore. The lot width of 46 ft. is also substandard. However, the City hearing examiner has granted a lot width variance, the lot is in a neighborhood zoned for residential use and the lot is suitable for the development of a new single family home. The site is being marketed for $25,900 by a realtor on behalf of the foreclosing lender, National Mortgage Corporation. Year XIX CDBG funds are available for this purchase. • The Hennepin County Assessor valued the property at $45,000 prior to foreclosure and the subsequent decline in condition. Staff has negotiated a price of $24,000 which reflects the lot value after demolition, pending authorization of this value as fair market value by the HRA and City Council. HUD rules require that the City purchase the property for the fair market value of $24,000. The subsequent transfer of the property to the HRA would require a $1.00 payment. The sale from the City to the HRA requires a public hearing and passage of a transitory ordinance. Transfer of the property to the HRA could occur in June 1994 after the transitory ordinance becomes effective. The drafted purchase agreement with the seller indicates the City will purchase by June 1994. The HRA would be responsible for property maintenance following acquisition and site clearance following transfer of the property from the City. The 1994 HRA budget provides $4,500 to clear the site (source: CDBG XIX), $600 for legal work to acquire (source: CDBG XIX) and $300 for property maintenance and insurance (source: proceeds of sale of 1994 Vo-Tech project). It is anticipated that Vo-Tech could build a new house on site starting in the summer of 1994. Staff is presently developing a plan, budget, and contracts for consideration by the HRA. Recommended Motion: It is recommended that the City Council: '1-I 1. Adopt the attached resolution which authorizes the City Manager and Mayor to: a. Enter into a purchase agreement and take other actions necessary to acquire the property at 7537 Girard Avenue for $24,000. b. Enter into a sale agreement with the HRA and take other actions necessary to transfer the property to the HRA for $1.00. C. Schedule a public hearing and a second reading of the transitory ordinance to accomplish the sale to the HRA. 2. Give first reading to the attached transitory ordinance. Schedule a public hearing and a second reading for April 11, 1994 to accomplish the sale to the HRA. Basis of Recommendation: 1. The owner is interested in selling to the City through the Voluntary Acquisition Program. 2. The property qualifies for acquisition in accordance with the Voluntary Acquisition Program Guidelines. 3. Funds have been budgeted for acquisition, clearance, and maintenance. CDBG funds may be committed once the environmental clearance process is completed with Hennepin County in April 1994. The purchase is contingent on this administrative process. 4. The subject property is available at this time and can be purchased with available funds. 5. HUD rules require a process in which the City acquires the property and transfers the title to the HRA. Alternative Recommendation: The City Council can choose not to acquire the property. However, the HRA has no better alternative for timely commitment of CDBG funds and the development of a first-time home buyer (Vo- Tech) project. Discussion/Decision Mode: Pending City Council authorization, the property could be acquired in May or June 1994. Re p ully submitted, Ja D. Prosser Ci Manager JDP:ds RESOLUTION NO. THE CITY 00 RICHFIELD, MINNESOTA CALLING FOR ACQUISITION AND A PUBLIC HEARING ON THE SALE OF CERTAIN LAND WHEREAS, the City of Richfield, Minnesota (the "City") proposes to sell the real property to the HRA for $1.00 in furtherance of HRA housing programs; and WHEREAS, the City has considered the purchase of 7537 Girard Avenue with CDBG funds on behalf of the Richfield HRA for $24,000. The property is further described as: Address: 7537 Girard Avenue PID #: 33-028-24-42-0091 Legal Description: Lot 15, Block 19, Irwin Shores Addition, Hennepin County, Minnesota; and WHEREAS, pursuant to the City Charter, Section 13.04, the City if authorized to sell its property following a public hearing for which notice was published not less than ten day before such hearing. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield, Minnesota as follows: 1. The City Manager and Mayor are authorized to take those actions necessary to purchase 7537 Girard Avenue for $24,000. 2. The City shall hold a public hearing and second reading of the ordinance regarding the sale of the land to the HRA on Monday, April 11, 1994. 3. The City Clerk is directed to publish notice of such hearing in the official newspaper of the City and post notice of said hearing. Adopted by the City Council of Richfield, Minnesota this 28th day of March 1994. Martin J. Kirsch, Mayor ATTEST: ,rnomas V. Yeroer, city uierx 7-3 TRANSITORY ORDINANCE NO. AN ORDINANCE AUTHORIZING AND PROVIDING FOR THE SALE, TRANSFER OR OTHER DISPOSITION AND CONVEYANCE OF CERTAIN CITY OWNED REAL PROPERTY LOCATED IN THE CITY OF RICHFIELD, COUNTY OF HENNEPIN, STATE OF MINNESOTA (7537 GIRARD AVENUE SOUTH) The City of Richfield Does Ordain: Section 1. The following described real property located in the City of Richfield, County of Hennepin, State of Minnesota, is hereby authorized to be sold, transferred or otherwise disposed of, and conveyed by the City as herein provided: Lot 15, Block 19, "Irwin Shores Addition", Hennepin County, Minnesota, and having the street address of 7537 Girard Avenue South, Richfield, Minnesota. Section 2. The Mayor and City Manager are hereby authorized to take all action as is required to sell, transfer, or otherwise dispose of and convey the real property described in the foregoing Section 1, including, by way of illustration and not limitation, the execution of all documents, purchase agreements, deeds of conveyance, and 'other instruments connected with such sale, transfer or disposition and conveyance. Passed this day of Richfield City Council. 1994 by the Martin J. Kirsch, Mayor ATTEST: Thomas P.'Ferber, City Clerk u CITY OF RICHFIELD, MINNESOTA Council Letter No. 104 Agenda March 28, 1994 Issue Statement: First reading consideration of an ordinance amendment to rezone the following MR (multiple residence) properties: 1) rezone 6409, 6415, 6421, and 6429 Blaisdell Avenue to R (single family residence); 2) rezone 6227-29 and 6237 Pleasant Avenue to MR-3 (high density multi-family); 3) rezone 840 West 65th Street to MR-3; and 4) rezone 920-24-28 Rae Drive to MR-3. Background: Staff is reviewing the zoning ordinance for revision and update. Initial analysis indicates that the MR district is not effective because its provision are incomplete, outdated and ambiguous. The MR district has no density limitation and incorporates the single family uses of the R district as well as the two family, multi-family and group housing developments. The MR district was the original and only multi-family district when Richfield's growth occurred. Later, the MR-1 (two family), MR-2 (multi-family), and MR-3 (high density multi-family) districts were created to provide more precise controls for the expanding variety of multi-family housing. When the MR-1, MR-2, and MR-3 districts were added, most MR zoned land was rezoned to fit into that classification system. The intention was for all MR zoned land to be rezoned but approximately 30 parcels of land are still zoned MR. These parcels are being evaluated and presented for reclassification to the most appropriate land use zone. The proposed zoning designation for the subject parcels are consistent with the existing land use. Recommended Motion: Approve first reading of an amendment rezoning 6409, 6415, 6421, and 6429 Blaisdell Avenue from MR to R, and rezoning 6227-29 and 6237 Pleasant Avenue, 840 West 65th Street, and 920-24-28 Rae Drive from MR to MR-3; and set a second reading and public hearing for April 25, 1994. Basis of Recommendation: 1. This rezoning will help to bring the zoning map up to date with current land use practices and the Comprehensive Plan. 2. An MR zone is no longer an appropriate zoning district in the City and an update to a more appropriate district is called for whether or not the text of the zoning ordinance is changed. 3. If the text of the zoning ordinance is updated to eliminate the MR district, then it would be apropos to have rezoned such designated areas before the text change. 6-1 • 4. The proposed R zoning is most appropriate for the existing single family uses at 6409, 6415, 6421, and 6429 Blaisdell Avenue, while offering proper regulatory control for present and future land uses. 5. The proposed MR-3 zoning is most appropriate for the existing 18 unit apartment buildings at 6227-29 and 6237 Pleasant Avenue. The MR-3 classification allows 18 or more units. This designation would be consistent with the existing multiple family use. 6. The proposed MR-3 zoning is most appropriate for the existing 22 unit apartment building at 840 West 65th Street. The MR-3 classification allows 18 or more units. This designation would be consistent with the existing multiple family use. 7. The proposed MR-3 zoning is most appropriate for the existing 28 unit apartment building at 920-24-28 Rae Drive. The MR-3 classification allows 18 or more units. This designation would be consistent with the existing multiple family use. 8. on March 22, 1994, the Planning Commission voted unanimously to recommend approval of the rezoning. Alternative Recommendation: 1. The City Council could deny this rezoning at first reading. 2. The City Council could rezone the subject parcels to a classification which is inconsistent with the existing land use, however, that would result in the creation of nonconforming uses. Discussion/Decision Mode: First reading is set for March 28, 1994. If approved, a public hearing and second reading will be held on April 25, 1994. y submitted, Jam s D. Prosser City anaaer JDP:ds 0 ?a Bill No. 1994- AMENDMENT TO APPENDIX I OF THE CITY CODE OF THE CITY OF RICHFIELD THE CITY OF RICHFIELD DOES ORDAIN: Appendix I which describes the boundaries of the various zoning districts of the City is hereby amended in the following respect: Section 5, Paragraph (12) is amended to read as follows: (12) That 'area the ee ?- lying - between ?-- t-h??e line - of Blaisdell Avenue and the east line of Lots 6 through 9 inclusive, Block 9, Addition, rearrangement of Nicollet Homes Seeend south line of said addition and the north line of Lot 9, Bleek. 9 of said ••bd v .1Bepealedl. Section 5, Paragraph (17) is amended to read as follows: (17) Lots 1 through 8, exeept the east 135 feet thereo"' Rlee-1 4, -??=eteer1s Additie^/ and T e t 7 Hleek 4, ',.Tiee3le+ V.....e?---? Addition and that portion -e of 63-d Street north of and adjaeent to said Lot .fRepealedl. Section 5, Paragraph (27) is amended to read as follows: (27) Tracts T n E, Registered T °nei Survey No. 793. fRepealedl. Section 5, Paragraph (28) is amended to read as follows: (28) TraetG, Registered Land Survey Nom: [Repealed]. Section 13, Paragraph (4) is amended to read as follows: (4) The west 55 feet of Tract B and all of Tract C of Registered Land Survey No. 675, and all of Tract B of Registered Land Survey No. 1131. Section 13, Paragraph (13) is added to read as follows: (13) Lots 1 through 8, except the east 135 feet thereof, Block 4, Betcher's Addition, and Lot 2, Block 4, Nicollet Homes Addition and that portion of vacated 63rd Street north of and adjacent to said Lot 2. Section 13, Paragraph (14) is added to read as follows: 0 (14) Tracts D and E, Registered Land Survey No. 793. (0-3 This amendment constitutes a rezoning of the following properties: 1) rezone 6409, 6415, 6421, and 6429 Blaisdell Avenue from MR to R; 2) rezone 6227-29 and 6237 Pleasant Avenue from MR to MR-3; 3) rezone 840 West 65th Street from MR to MR-3; and 4) rezone 920-24-28 Rae Drive from MR to MR-3. Passed by the City Council of the City of Richfield, Minnesota this day of , 1994. Martin J. Kirsch, Mayor ATTEST: Thomas P. Ferber, City Clerk i 0 REZONING PLAN ui a J J O N J m EXISTING LAND USE 64TH ST. DUPLEX Os O co SINGLE FAMILY COMM-L. N d' m 0 N m ui a ui Q W F- p W N O J U CO Z EXISTING ZONING 64TH ST. PROPOSED ZONING . 64TH ST. ui a W J Q J W W N J J J U co r. ui 4 W J J U Z 65TH ST. 6409, 64159 6421 6429 BLAISDELL AVENUE ® MR MR-2 PLANNING C-2 1 r J,JJJ ZONING R cwnnuMry ovrapm rd Mp1fblNllt 65TH ST. 65TH ST. REZONING PLAN EXISTING LAND USE CROSSTOWN HWY ui N 18-UNIT W Q a APT. DG Q. a Z . BL ?- z a a Q SIN GLE co to ui 18-UNIT FAM ILY W in. M APT. -? a BLDG. 63RD ST. 62279 29 PLEASANT AVENUE 6237 PLEASANT AVENUE MR MR-3 NJ) R 0 ui a 00 J J a EXISTING ZONING CROSSTOWN HWY. u.i Q m N J J CL PROPOSED ZONING CROSSTOWN HWY. ui Q z a N Q w J a 63RD ST. 63RD ST. REZONING PLAN EXISTING LAND USE 22-UNIT APT. ?q BLDG 3= ?m I#TWnO PA RK q COWL. `29-UNIT ' APT. BLDGS. 65 EXISTING ZONING ..... 0q _. J J J ¦• •J JJJ?JJJJJ J J J J J J O ¦ JJJJJJJJJ J JJ ¦• J J J J J 3 J J J J J J J ¦••• J J J J J J ¦¦¦¦ J J J J J J J 0 ••¦•¦ J J J J J J f • ¦ ¦ ¦¦ ¦ • ¦ JJJJJJJJJJJ / ¦ . ¦ • ¦ ¦ ¦ J J J J J •.•¦•¦ ¦ ¦ / ¦ ¦ JJJJJ • .•. ¦•¦ ::::no J S ....¦` women . 6 840 WEST 65TH STREET J J J 11 J J J J J J MR JJJJJJ C-2 J J J J J ru-N-0-8-01 : MR-3 10 .•.•.• PC-2 N ?R PROPOSED ZONING ........ It ......... , ... . . . . . . . ,9 .. 'jjj IPA. In ¦¦sss¦•¦ •¦ _ JJJJJJJJJJ J % ?. ¦ ? ?• ¦ JJJJJJJ J JJJJJ. • • • • ¦ • ? • JJJJJJJJJJJJJJ •¦ ¦ ¦ ¦ • X-66. someone a R . .... REZONING PLAN EXISTING LAND USE TOWN HOUSES PARK 6g Ty ST EXISTING ZONING R __= nr --- uu =v urr L-14- 9209 9249 928 RAE DRIVE ® MR PMR ` MR-2 PMR-1 N :•ati• MR-3 ? R . . lll'? T PROPOSED ZONING R 9?0 -- rurrw = nmuuumun -- urrruuuuun unuu 111141. rrrrrrrr se Ty S s CITY OF RICHFIELD, MINNESOTA Council Letter No. 103 Agenda March 28, 1994 Issue Statement: Public hearing and second reading of an ordinance amendment to regulate driveways, parking areas, and sidewalks in the R (single family) and R-1 (low density single family) districts; and adoption of a resolution to amend Appendix D of the Richfield City Code. Background: The zoning ordinance does not adequately address or regulate parking in the single family districts. Last summer, the Council adopted a temporary moratorium on the construction of new front yard parking areas. The moratorium was imposed to protect the planning process, and to allow adequate time to study residential parking issues and develop appropriate regulations. Over the past few years, the City Council and staff have received complaints about certain residential parking situations. In extreme cases, entire front yards have been paved or graveled and used as parking for up to eight cars. The City cannot regulate these situations if the cars are licensed, operable, and parked on an established driveway. Many residents have requested that an ordinance be adopted to regulate residential parking, especially within the front yard areas. The attached ordinance would regulate parking setback, surface treatment, amount of impervious surface, number of parking spaces, and would also set standards for driveways within the City boulevard. In addition, the ordinance would require a City permit for expansion or installation of driveways, parking areas, and sidewalks. Recommended Motion: Adopt the attached ordinance approving an amendment which regulates driveways, parking areas, and sidewalks in the R (single family) and R-1 (low density single family) districts; and adopt the attached resolution which amends Appendix D, setting the permit fee for expansion or installation of driveways, parking areas, and sidewalks. Basis of Recommendation: 1. The ordinance limits the amount of impervious surface in front yard areas, which will help to control the quality and quantity of storm water run-off into the City storm sewer system. 2. The ordinance would protect aesthetics and property values of the City and its neighborhoods. 5 1 3. The Planning and Zoning Division has received inquiries from individuals who want to pave over their entire front yards this spring. The ordinance would stop the proliferation of front yard parking lots. 4. A permit requirement would provide an effective means of regulating code compliance. 5. If the Council requires a City permit for expansion or installation of driveways, parking areas and sidewalks, it is appropriate to set the fee to be charged for the permit and to include the fee in Appendix D of the City Code. The fee is the same as for a building permit which has a minimum fee of $15.00. 6. On January 25, 1994, the Planning Commission voted unanimously to recommend approval of the ordinance amendment. Alternative Recommendation: 1. Refer the amendment back to the Planning Commission for further study. 2. The City Council could modify the amendment. 3. The City Council could decide not to adopt the amendment. 4. The City Council could modify the resolution which sets the permit fee, and raise or lower the fee as it deems appropriate. Discussion/Decision Mode: A public hearing and second reading is scheduled at 7 p.m. on Monday, March 28, 1994. The hearing will be held in the Council Chambers of Richfield City Hall, 6700 Portland Avenue. Notice of the hearing was published in the Sun-Current. Res fully submitted, Ja D. Prosser Ci Manager JDP:ds • 5-0q- • Bill No. 1994- AMENDMENT TO APPENDIX B OF THE CITY CODE OF THE CITY OF RICHFIELD THE CITY OF RICHFIELD DOES ORDAIN: Section 515 of Appendix B to the Richfield City Code entitled "Zoning: residence districts" is hereby amended by amending Section 515.05, Subds. 10, 11, and 12 to read as follows: 515.05. Accessory uses. Subdivision 1. The uses listed in this subsection are accessory uses in the R district. Subd. 10. Private driveways, parking areas and sidewalks provided the following conditions are met: a) for the purposes of this subdivision, the term "front yard area" shall mean the area which extends across the entire. width of the lot, between the front lot line and the principal buildina; b) all such driveways, parking . set back no less than one foot from parcel, except that upon written rep Director may reduce or rescind this shared access agreements or with a public convenience; areas, and sidewalks shall be any lot line abutting another 3uest from the land owner, the setback requirement for Einding of necessity and c) all such driveways, parkina areas, and sidewalks shall be constructed with concrete, asphalt, concrete pavers, brick set in compacted sand, or other material approved by the Director; d) unless the Director authorizes a greater amount for landscape purposes, the maximum driveway, parking area, and sidewalk coverage within the front yard area shall comply with the following table: Lot Width 50 feet or less: 51-60 feet: 61-70 feet: 71-80 feet: over 80 feet: Maximum Coveraae Within the Front Yard Area 50$ 481% 46% 44$ 42% e) 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; f) driveways, where located within the boulevard, are subject to the following requirements: 5-3 (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 land owner, items (i). (ii), (iii), and (iv) above may be varied by the Director with a finding of necessity and public convenience. g) 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 drivewav. Darkina area. or sidewalk shall comply with this subdivision; and • h) any expansion or installation of a driveway, parking area, or sidewalk on a lot shall be subject to a City permit upon adoption of this subdivision. Subd. 1211. AnteneaAntennas and towers conforming to section 425 of thisthe city code. Passed by the City Council of the City of Richfeild, Minnesota this 28th day of March, 1994. Martin J. Kirsch, Mayor ATTEST: Thomas P. Ferber, City Clerk C7 ,5-4 • RESOLUTION NO. RESOLUTION AMENDING CERTAIN PROVISIONS OF RESOLUTION 8088 ENTITLED "RESOLUTION ESTABLISHING 1994 LICENSE, PERMIT AND MISCELLANEOUS FEES PURSUANT TO THE PROVISIONS OF APPENDIX D OF THE ORDINANCE CODE OF THE CITY OF RICHFIELD RESCINDING RESOLUTION NO. 7950" BE IT RESOLVED by the City Council of the City of Richfield, Minnesota as follows: Section 2 be amended by adding new paragraph (la) to read as follows: TYPE OF PERMIT OR LICENSE SECTION REQUIRING FEE SCHEDULE (1A) Driveway, Parking Area, or sidewalk permits 515.05 Based on Building Permit fee as listed above Passed by the City Council of the City of Richfield, Minnesota this 28th day of March, 1994. ATTEST: Thomas P. Ferber, City Clerk Martin J. Kirsch, Mayor • • CITY OF RICHFIELD, MINNESOTA Council Letter No. 102 Agenda March 28, 1994 Issue Statement: Public hearing and approval of second reading of an ordinance establishing a one year moratorium on gunshops. Background: At a previous Council meeting, staff was instructed to review ways in which gunshops could either be more regulated and/or limited within the City. Since that time, a number of issues related to gunshops have surfaced that require study. In addition, it is quite likely that the State Legislature will be dealing with issues relating to the sale of firearms. One such issue will be the ability of cities to recover their costs in processing transfers. Recommended Motion: Conduct the public hearing and approve second reading of an ordinance declaring a one year moratorium on "Gunshop Uses." Basis of Recommendation: 1. A one year moratorium on new gunshops will allow the Council and staff time to study the issues. Alternative Recommendation: 1. Do nothing. Wait and see if the Legislature provides any direction. In the meantime, however, additional gunshops could locate within the City. 2. Reduce the moratorium to something less than one year. Discussion/Decision Mode: The public hearing and second reading are scheduled for March 28, 1994. lly submitted, Jam s D. Prosser Cit anaaer JDP:ds 1] ORDINANCE NO. INTERIM ORDINANCE FOR THE PURPOSE OF PROTECT- ING THE PLANNING PROCESS AND THE HEALTH, SAFE- TY, AND WELFARE OF CITY RESIDENTS; AND REGULAT- ING AND RESTRICTING THE DEVELOPMENT OF GUNSHOP USES WITHIN THE CITY THE CITY COUNCIL OF THE CITY OF RICHFIELD ORDAINS: Section 1. Background. 1.01. As used in this ordinance, the terra "gunshop uses" means commercial uses involving the retail sale of firearms. 1..02. Gunshop uses are currently treated as "retail stores and shops," which are permitted uses in a C-2 general commercial zoning district. 1.03. Gunshop uses present different public health, safety, and welfare concerns than do other uses also included in the "retail stores and shops" classifica- tion, such as card shops and grocery stores, and it is unclear whether a new classification should be adopted for gunshop uses. 1.04. In addition to the proper zoning classification of gunshop uses, there are a number of significant planning and land use issues pertaining to the regulation of such uses, including the following: 1. The particular zoning districts in which such uses should be allowed as either permitted or conditional uses. 2. The concentration and density of such uses in the City and its neighborhoods. 3. The effect of such uses on other uses in the surrounding area. 1.05. There is a need for a study to be conducted so that the City can adopt a set of comprehensive plans and land use zoning regulations pertaining to gunshop uses. Such a study will address the land use and zoning issues, including those referenced above. 1.06. There is a need for an interim ordinance to be adopted for the purpose of protecting the planning process and the health, safety, and welfare of the citizens of the City and to ensure that the City and its citizens retain the benefits of the City's comprehensive plan and zoning ordinance until such a study has been completed. There is a need to restrict such uses until such a study has been completed and any modifications to the City's zoning and land use regulations are accomplished. 1.07. The City Council has directed that such a study be undertaken 1.08. Minnesota Statutes, section 462.355, subd. 4 (Act) permits the adoption of interim zoning ordinances during the planning process. --- -- --- ----- ------ - ------ CJ/(y r . v Section 2. Planning and Zonin& Study; Moratorium. 2.01. A study is authorized to be conducted by City staff to determine how gunshop uses should be regulated within the City. The scope of the study should include, but is not limited to, the following: a. the particular zoning districts in which such uses should be allowed as either permitted uses or conditional uses; b. the density and concentration of such uses; c. the effect of such uses on other uses in the surrounding area; 2.02. Upon completion of the study, the matter is to be considered by the Planning Commission for its review and recommendation to the City Council. 2.03. A moratorium on the development of gunshops is adopted pending completion of the study and the adoption of any amendments to the City's zoning ordinance. No building permit may be issued for such uses or for the expansion of any existing use during the moratorium period nor may any rezonings, plattings or replattings, or land divisions or consolidations be granted by the City for such uses during the moratorium period. The moratorium period shall expire one year from the effective date of this ordinance or on such earlier date as may be further adopted by ordinance. The moratorium period may be extended for a reasonable time by ordinance, as may be necessary to complete the study and adopt any necessary amend- ments to the City's zoning ordinance. Sec. 3. Effective Date. This ordinance is effective in accordance with Section 3.09 of the Richfield. City Charter. Martin Kirsch, Mayor ATTEST: Thomas Ferber, City Clerk 10 3& • CITY OF RICHFIELD, MINNESOTA Council Letter No. 101 Agenda: March 28, 1994 Issue Statement: Award of contract for 1994 removal of diseased trees on private property. Background: In the early 1970's, the City began a shade tree disease program to assist homeowners in the removal of diseased elm and oak trees on private property. When the City's Tree Inspector marks a diseased tree on private property for removal, the homeowner has three options: ? Removal of the tree by the homeowner. ? Homeowner hires a contractor to perform the work. ? Homeowner authorizes the City's contractor to perform the work. If the City's contractor performs the tree removal, the homeowner has the option to pay the removal costs immediately, or have the cost assessed to the property taxes over a three year period. The City's bidding process for removal of diseased trees on . private property was revised and streamlined in 1985. This year, in an effort to attract more bidders, staff divided the City into two districts. Bidders were encouraged to bid on one or both districts. This year, specifications for this work were sent to six tree removal companies in the metropolitan area. The companies were asked to bid a per-inch cost, based on the actual number and sizes of trees removed in 1993. Two bids were received and opened on March 3, 1994 with the following results: East District West District Total Ceres Tree Company $49,332 $59,432 $108,764 Precision Landscape & Tree, Inc. $56,613 $69,215 $125,828 The 1993 bid for tree removal was $123,553. Recommended Motion: Approve the bid minutes/tabulation and award the 1994 contract for removal of diseased trees on private property in both districts to Ceres Tree Company in the total estimated amount of $108,764. Basis of Recommendation: 1. Ceres Tree Company was the lowest responsible bidder for this work. 2. Ceres Tree Company was the City's contractor in 1993 and has proven to be reliable. 3G-/ • Alternative Recommendation: Council may choose to reject readvertise in an attempt to believes the per-tree prices homeowners with a reasonable have the City coordinate the all bids and direct staff to receive a lower bid. However, staff are low enough to provide Richfield removable cost should they decide to removal of their diseased tree(s). Discussion/Decision Mode: To assure sufficient time to process the necessary paperwork before the first trees are marked for removal, this item is scheduled for the City Council agenda of March 28, 1994. Respec y submitted, James Prosser City Manager JDP:ds Attachment • 40 3&-z CITY OF RICHFIELD, MINNESOTA Bid Opening March 3, 1994 1:00 A.M. Diseased Tree Removal on Private Property Bid No. 94-3 Pursuant to requirements of Resolution No. 1015, a meeting of the Administrative Staff was called by Thomas P. Ferber, City Clerk, who announced that the purpose of the meeting was to receive, open and read aloud, bids for diseased tree removal on private property, bid no. 94-3, as advertised in the official newspaper on February 16, 1994. Present: Thomas Ferber, City Clerk Byron Wallace, Community Development Director Cheryl Krumholz, City Manager Representative Ray Wroblewski, Central Garage Clerk Typist The following bids were submitted and read aloud: VENDOR ; BID ; TOTAL SECURITY , Ceres St. Paul ; 5% Bid Bond ;East $49,332.00 ; 432.00 ; ;West $59 , Precision Tree Company ; 5% Bid Bond ;East $56,613.00 ; Little Canada ; ;West $69,215.00 ; The City Clerk announced that the bids would be tabulated and considered at the March 28, 1994 City Council Meeting. Thomas P. Ferber City Clerk ,?F CITY OF RICHFIELD, MINNESOTA Council Letter No.100 Agenda March 28, 1994 Issue Statement: Consideration of purchase of aerial photographs of Richfield with one foot contours. Background: The City Council policy resolution on purchasing provides that when the purchase of merchandise, materials, equipment or construction exceeds the amount of $5,000, authority to purchase shall be submitted to the City Council for consideration. A contract for services does not require a formal bidding process. Contour maps are needed for storm drainage planning and more accurate analysis and design of drainage improvements. After discussing the options with several consultants, the overall least expensive product that meets our needs is conventional aerial photographs produced at a scale of 1" = 100' (same scale as County produced tax maps) with one foot elevation contours. The one foot contour option is particularly helpful in Richfield's 509 Surface Water Management Plan and on proposed developments. Greater use of aerial photographs with one foot i contours will save money by providing information without field survey costs. This option will cost $52,940 and includes $9,200 in survey ground control. This specialized survey work requires expertise and instrumentation not available on City staff. The storm sewer budget will be revised to include an increase in $12,940 in storm sewer capital funds for this line item. The budget originally included $40,000 for two tool contour maps. Staff recommends that the increased accuracy of one foot contour maps is well worth the increase of $12,940. Option two would be aerial photographs with two feet contours. Two foot contours are initially less expensive; however, survey costs for future storm sewer and grading projects within Richfield would increase. Three aerial survey vendors provided quotations for one and two foot elevation aerial photographs as follows: One Foot Two Foot Contours Total Contours Total Horizons $ 52,940 $40,910 Mark Hurd 62,100 34,900 Martinez 103,730 42,429 Yi Recommended Motion: Approve a 1994 purchase order to Horizons in the amount of $52,940 for aerial photographs with one foot elevation contours. Basis of Recommendation: 1. Current aerial photographs are needed by several City divisions. 2. Purchase of one foot elevation contours provide greater use of aerial photography than two foot contours. 3. The storm sewer budget will be revised to provide funding. Alternative Recommendation: Direct staff to order the two foot elevation contours at a cost of $34,900 or to postpone the aerial photographs at this time; however, the cost to produce Richfield's 509 plan would increase significantly. Discussion/Decision Mode: A decision at the March 28, 1994 Council meeting will allow the aerial photos to be taken during the prime flying time in April. Resn fumy submitted, Jam4s P. Prosser Cit anaaer JDP:ds I-] 3r-- • CITY OF RICHFIELD, MINNESOTA Council Letter No. 99 Agenda March 28, 1994 Issue Statement: Replacement of 911 equipment and two 20 key telephones for the Public Safety Communications Center. Background: In 1980, the Public Safety Department installed enhanced emergency 911 equipment. The equipment is leased from US West Communications at a rate of $979 per month. The equipment is now 14 years old and new replacement parts are no longer available. US West has used replacement parts warehoused from similar units that have been removed from other customers, but when these parts are gone, no others will be available. The two main phone sets used in the dispatch center are old, manual sets that are owned by the City. US West maintains the phone lines but will not carry a service agreement on these phones; they are maintained by a third party maintenance service. There are frequent problems with these phones, and the problem may be with the phone itself or the phone lines. Having two maintenance services on one system often leads to confusion and delays in repairs. Due to new tariff rates from US West, it obtain new state of the art 911 equipment for $31.50 less than the current monthly a one time installation cost of $5,540. is now possible to and two new phone sets rate. However, there is Recommended Motion: Approve the payment of $5,540 for the installation of the new 911 equipment and telephones leased from US West Communications. Basis of Recommendation: 1. The current 911 equipment is 14 years old and replacement parts available but are used and in limited supply. 2. The lease costs of the new 911 equipment plus the new phone sets is less than the current rate for the 911 equipment alone. 3. The funds are available in Public Safety Communications Fund. 4. The 911 phone system is our citizens' link to emergency services provided by Public Safety. It is important that this system remains reliable. Alternative Recommendation: Keep the current system and hope that when repairs are needed, parts will be available. 3E?--) Discussion/Decision Mode: Installation of the new system has tentatively been scheduled for mid-April. Approval of the installation charges must be completed by then. Respectfully submitted, City JDP:cak • . Prosser 0 CITY OF RICHFIELD, MINNESOTA Council Letter No. 98 Agenda March 28, 1994 Issue Statement: Approval of a grant application to the Minnesota Department of Transportation (MnDOT) for pedestrian and bicycle enhancement project and authorization for the Mayor to send letter of support to Bloomington for a 79th Street bikeway. Background: The Metropolitan Council is requesting proposals for Federal Surface Transportation Funds under Title l of the Intermodal Surface Transportation Efficiency Act (ISTEA) of 1991. The federal funds provide grant assistance for a variety of activities including the provision of facilities for pedestrians and bicycles. The funding for selected projects is a maximum of 80% by federal funds and a minimum of 20% local match (non- federal funds). Richfield was not successful in the initial funding cycle last year. This is a resubmission of the previous proposal. Richfield's proposal is for a bicycle trail along 76th Street to be built in 1996 after 77th Street is widened from I-35W to Cedar . Avenue. A bicycle trail will occupy the space left when 76th Street is reduced in width. The bike trail will begin at Girard Avenue and continue to 12th Avenue where it will turn south to the 12th Avenue bridge. Seventy-Sixth Street will be narrowed to two lanes. There are plans to extend the 76th Street bikeway from 12th Avenue to Cedar Avenue when the tunnel under Trunk Highway 77 is completed so bicyclists will have an alternate route to reach the Mall of America. Most of the long-range trips on 76th Street will have been shifted to the new 77th Street. The 76th Street bikeway is part of the Master Park Plan and would be most complementary to the 77th Street Project. The City of Bloomington is proposing a similar bikeway using the same funding source for a bikeway along 79th Street from Penn Avenue to 34th Avenue. Richfield's bikeway will tie into this one to permit cyclists to reach the Mall of America. Bloomington has asked for a letter of support from Richfield and we have asked Bloomington for one in support of our proposal. Evidence of cooperation between communities bolsters an application's chances to receive funds. Recommended Motion: Approve the grant application to the MnDOT for pedestrian/bicycle trails along 76th Street and authorize the Mayor to send a letter in support of the City of Bloomington's proposal for a 79th Street bikeway. • 3D-1 Basis for Recommendation: The grant assistance would provide a desirable amenity for the community as outlined in the Master Park Plan. Alternative Recommendation: Do not apply for a grant at this time. Discussion/Decision Mode: The application is due to the Metro Council on April 1, 1994. Staff is asking for approval at the March 28, 1994 Council meeting in order to meet this deadline. Respectfu y submitted, rosser James Waager City JDP:cak • El CITY OF RICHFIELD, MINNESOTA Council Letter No. 97 Agenda March 28, 1994 Issue Statement: Adoption of a resolution establishing just compensation and authorizing purchase of a partial fee taking and temporary easements at 7701 Portland Avenue; 77th Street Project. Background: The property at 7701 Portland Avenue (Parcel #53A) will not be purchased for the 77th Street Project. However, it will be necessary to purchase a portion of the property at the corner to properly install a new sidewalk resulting from the new right-of- way. The portion to be taken for the new sidewalk will approximate a 20 x 20 foot triangular section. The business sign located within this area will be relocated. Two temporary easements will also be required at two different locations on the property to accommodate construction. One of the easements will accommodate traffic detoured from Portland Avenue. Recommended Motion: Adopt the attached resolution which establishes just compensation for the partial fee taking (including the sign) and temporary easements as follows: • Parcel Partial Temporary Number Fee Taking Easement Total 53A $3,760 $3,700 $7,460 and authorizes purchase of the partial fee taking sign and temporary easements. Basis of Recommendation: 1. MnDOT and FHWA procedures were followed including notification to the owner. 2. Project funds are available. Alternative Recommendation: Delay action. Discussion/Decision Mode: Approval will make it possible for this process to continue in a timely manner and help meet project deadlines. Resp t ully submitted, Jam D. Prosser City Manager JDP:ds 3c-/ 0 RESOLUTION NO. THE CITY OF RICHFIELD, MINNESOTA RESOLUTION ESTABLISHING JUST COMPENSATION AUTHORIZING PURCHASE OF PARTIAL FEE TAKING AND TEMPORARY EASEMENTS AT 7701 PORTLAND AVENUE SOUTH; 77TH STREET PROJECT WHEREAS, the City of Richfield, Minnesota desires to purchase certain real property pursuant to and in furtherance of the 77th Street project (Project) heretofore adopted by the City of Richfield (City) said real property being described in Exhibit A, attached hereto; and WHEREAS, the City has adopted an official map for improvements to 77th Street; and WHEREAS, the improvements to 77th Street necessitate the purchase of real property; and WHEREAS, the City is authorized by Minnesota Statutes to acquire real property within its jurisdiction; and WHEREAS, Minnesota Department of Transportation (MnDOT) and Federal Highway Administration (FHWA) are funding this project; and WHEREAS, the City has caused appraisals of the subject property to be made by qualified independent professional real estate appraisers to determine fair market value; and WHEREAS, a qualified review appraiser has certified the appraisal report as to conformity with appraisal standards and has certified same. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield, Minnesota as follows: 1. That just compensation is determined to be $1,000 for the partial fee taking, $2,760 for the sign and $3,700 for the temporary easements, for a total of $7,460. 2. That the City Manager is authorized and directed to commence negotiations for the purchase of said real property. 3. That the City Manager and Mayor are authorized to execute appropriate agreements. 4. That the City Manager is hereby directed to notify, in writing, the owners of subject property as soon as ?C-)- possible that the City intends to acquire a partial fee taking and temporary easements in his property and establish eligibility for relocation benefits if any. Adopted by the City Council of the City of Richfield, Minnesota this 28th day of March, 1994. Martin J. Kirsch, Mayor ATTEST: Thomas P. Ferber, City Clerk 11 0 EXHIBIT A Orr schelen 300 Park Place Center. 612-595-5775 Mayeron: 5775 Wayzata Boulevard 1-800-753-5775 Associates, Inc. Minneapolis, MN 55416-1228 FAX 595-5774 PARCEL NO.: 53A PID NO.: 35-028-24-33-0006 OWNER: PDQ Food Stores, Inc. 3C-3 Description of Parcel: That part of the north 132.50 feet of the Southwest Quarter of the Southwest Quarter of the Southwest Quarter of Section 35, Township 28, Range 24, Hennepin County, Minnesota, which lies west of the east 405.00 feet thereof. Subject to the rights of the public for 77th Street East and for County State Aid Highway No. 35, also known as Portland Avenue South. Description of Taking: Fee Taking for Right of Way That part of the above described parcel which lies southerly of the north 30.00 feet, easterly of the west 33.00 feet and northwesterly of the following described "Line A": Beginning at a point 30.00 feet south of the north line of said parcel and • 48.00 feet east of the west line thereof; thence southwesterly to a point that is 45.00 feet south of the north line of said parcel and 33.00 feet east of the west line thereof and said "Line A" there terminating. A temporary easement for roadway and utility construction purposes over, under and across the above described parcel which lies southerly of the north 30.00 feet, easterly of the west 33.00-feet, southeasterly of the above described "Line A" and northwesterly of the following described "Line B". Beginning at a point 30.00 feet south of the north line of said parcel and 103.00 feet east of the west line thereof; thence southwesterly -to a point that is 100.00 feet south of the north line of said parcel and 33.00 feet east of the west line thereof and said "Line B" there terminating. E Together with a temporary easement for roadway and utility construction purposes over, under and across the south 30.00 feet of the north 60.00 feet of the east 50.00 feet of the above described parcel. Said temporary easements expire December 31, 1994. EASEDEA2.XLS H:\493400\SURV\MISC\53A NOTE: No boundary survey work was performed as to the precise location of this tract I hereby certify that this survey, plan, or report was prepared by me or under my direct supervision and that I am a duly licensed d surveyor under the laws of the state of Minnesota. D. Edward Mmes, LS. l ic. No. 11394 Date Engineers • Architects • Planners • Surveyors H w ?- W LL W J a +1 +I +I F- F- t- tL Iz LL C3 O O N N N t0 n n Q' - M N N N N ..... .......4 0 z U cr- F zz w z_ G o 00 w oA a 102 a a . w, ? w a ?a ? c W ° JJ N 1J - _-- - - ---- 'm n ' - 3 W Z L N ? O Q m N I +I . I II II II ? a ' ? \ d Lj- 3 W ' w N z / d to W J d z_ w C? 1` J i 1 Z M m d 3 ao . ' \ Z M ;....... Z p ......... _..... d d II ,' i I- 3 0 O w w w Z ry ...._. :::::........? 02 02 ; b , i LO z N J W 2 1 w O H N J H z y cc a ¢ Vyi N m N J Z m I ~ \ J I 3 i ? a 3 W w Z z J O u z - W LL i Zm<>>Cw oo=u¢ Wo b?l MS W J i F 0 °O l7 w W M< W W f• F- < O N N a• K O< Z W arc z¢<= o o s?z E< o J z : y a a d N. • 1 a Z V H 0 w m N •. w E z I l a ,0L M I M I I - bl MS - bl MS 3NI-1 •M--l ' 3AV GNIV lidOd S 0 0?'V Z?e ov?7fe °•t? 5 a 19 O o z E ? r•1 o c v Q o Y '36 CITY OF RICHFIELD, MINNESOTA Council Letter No.96 Agenda March 28, 1994 Issue Statement: Request for an off-street parking permit to accommodate building expansion and parking lot expansion at St. Nicholas Church, 7227 Penn Avenue. Background: St. Nicholas Church, 7227 Penn Avenue, is proposing to construct a 2,200 s.f. one-story addition with basement, and expand their parking lot to add 23 parking stalls. The plans meet all City requirements. Recommended Motion: Approve the request for an off-street parking permit with the following stipulations: 1. That Council approval be contingent on the marking of handicapped stalls with signage and include the provision of "up to $200 fine for violation." 2. That City and County permits be obtained for driveway, curb and gutter construction on Penn Avenue. Basis of Recommendation: 1. The existing building has 6,570 s.f. and 36 parking stalls. The added parking stalls are adequate to handle the additional building space. The use of the building will not change. 2. Site changes include removal of an existing curb cut on Penn Avenue at the north end of the property and construction of two new driveways on Penn Avenue. This will provide better access and circulation to the existing parking south of the building and the proposed new parking on the north. 3. The City Planner has reviewed and approved landscaping plans which will visually enhance the site and maintain the character of the neighboring residential area. 4. The City Engineer has approved the on-site storm drainage and the soil erosion protection during construction. 5. The proposal meets City Code requirements and provides for adequate parking and traffic circulation. 0 3.8-/ Alternative Recommendation: Deny the off-street parking permit on the basis it does not meet the required parking standards. Discussion/Decision Mode: Consideration of this item is scheduled on the consent calendar of the March 28, 1994 City Council meeting. Respe t lly submitted, Jame D. Prosser City anager JDP:ds 0 5Q_1 CITY OF RICHFIELD, MINNESOTA Council Letter No. 95 Agenda March 28, 1994 Issue Statement: Purchase with donated funds of City sign and message board for City Hall in the amount of $10,065. Background: The City has been seeking an outdoor sign and message board to be placed in front of City Hall on Portland Avenue for a number of years. The sign would be of twofold benefit to the City and residents. In addition to providing an easily seen reference for City Hall, short messages of importance to residents could also be displayed. The messages could be changed as needed. The City began seeking donations to defray the cost of the sign in 1992 and has now received adequate funding to pay for the cost of the sign and its installation. The donations for the sign were provided by the Richfield Tourism Board ($7500) and the VFW ($5000). Without their assistance, the construction of the sign would not be possible. Originally, the city was planning to erect an illuminated monument type of sign with an electronic message board contained within. However, after seeking quotations for the construction of such a.sign, the cost was prohibitive at this time. Instead, staff is recommending an illuminated double-faced monument sign with a Plexiglas cabinet containing a reader board. The sign will be mounted on a brick base 30 inches tall, 13 feet wide and 20 inches deep and will be constructed of aluminum. It will resemble the Richfield logo. The reader board will feature three rows of six inch changeable copy letters. This sign could readily be converted to an electronic message board in the future if additional funds became available. A front elevation of the proposed sign is attached to this Council Letter. Recommended Motion: Approve the purchase of the City sign and message board for a total cost of $10,065 plus the cost of permits and primary electrical connection. Basis of Recommendation: 1. A City identification sign and message board at City Hall would be helpful to residents and others who have dealings with the City of Richfield. 2. Donated funds are available to pay for the cost of the sign and its installation. 3. No City funds are being used for this purchase. 3 A- cq;' -- Alternative Recommendation: 1. The City Council could fail to approve the purchase. However, the funds donated for the sign are to be used for that purpose only. Discussion/Decision Mode: It is requested that this purchase over $5,000 be approved at the March 28, 1994 City Council meeting so that the work on the sign may begin as soon as possible. y submitted, Jam D. Prosser Cit Manager JDP:cak RECEIVED FEB 1 5 1994 ,??q-3 . February 14, 1994 TO: City of Richfield 6700 Portland Avenue Richfield, MN 55423-2599 Lawrence s r e s s ss a s s s s w as w r s s s s m: s s m s ®a a m s s s s a m m s s m s a s s m m s s a m s mm seta a a s s as as ss s- Lawrence Sign, Inc. hereinafter referred to as Company, proposes to furnish for the above named customer, hereinafter referred to as CUSTOMER; the items described below, subject to the terms and conditions set forth herein. Furnish and install one 30 tall x 13' wide x 20" deep brick base for sign. Brick is similar to brick on building. Ton of base will have a stone cap. Furnish and install one double faced, illuminated monument sign per Lawrence Drawing #94R24TQ.PLT. Faces and cabinet are aluminum, copy is routed and backed with Plexiglas. Cabinet and faces are primed and painted with acrylic enamels. The reader board section has three rows of track for 6" changeable copy letters. Reader beard has hinged, locking, clear Lexan covers. Lighting is horizontally positioned high output fluorescent lamps. Included is one 300 font of 6° letters and storage cabinet. TOTAL PRICE: $10,065.00 + Permit TERMS: $5,032.50 Down payment, balance due upon completion. THIS PROPOSAL DOES NOT INCLUDE: The cost of permits or primary electrical connection. Ted K k Salesman The contract, with all conditions as noted, is herewith accepted by both parties. CUSTOMER By La By Ti Date Date February 14. 1994 - 945 PIERCE BUTLER ROUTE A ST. PAUL, MINNESOTA 55104 A 612.488.6711 A FAX 612.488.6715 Return original and one cop}. 3A-q m r O r 1 0 LL 0 a a 0 ,v LLg 0l 10 W a w 0 m W Q m r 14 0. ' F H m m' 0 W 0 ; 0 z F 0 W Z 0 LL IX -, LL 13 Nr m r 3 W S a 0 V LL 0 a a 0 .v oI a H ° H W a W m m 0 W z? 0? a0 W 0 a 11 -% LL 0 IaI ?1 CITY OF RICHFIELD, MINNESOTA Council Letter No. 94 Agenda March 28, 1994 Issue Statement: Approval of time and events schedule for the proposed CSM project, Phase I. Background: Attached are two schedules. One schedule is organized on a calendar basis, the other schedule is organized according to major activities. The events in both schedules are the same. Recommended Motion: Approve the schedules with staff being authorized to make adjustments as necessary. Basis of Recommendation: 1. It is necessary to follow the schedules to comply with the Contract for Private Development. 2. If the schedule is maintained, it appears possible that the needs of CSM for a July Phase I start followed by a November opening of Phase I will be met. Alternative Recommendation: 1. Delay discussion of the schedule. 2. Suggest modifications to the schedule. Discussion/Decision Mode: The schedules have a significant impact on the processing of the CSM proposal and Phase I construction start and opening. submitted, Jam s Prosser Cit anaaer JDP:ds Preliminary Time and Events CSM Proposal ILN By Date CSM submit concept proposal statement PC-2 plan and Final Development Plan Phase 1 and Phase 2. 3/16 Development Agreement to HRA for review. 3/21 Redevelopment Plan Modification to HRA for review 3/21 Condemnation Shops at Lyndale Phase 1 quick take HRA for review. 3/21 Fiscal disparities contribution shift and report/analysis of impacts, process etc. to HRA for review. 3/21 Review request by HRA that Planning Commission find sale of property in is conformance with Comprehensive Plan. (Incorporated into HRA resolution approving Modification No. 4.) 3/21 Notify School District and County of City Council public hearing on Redevelopment Plan Modification scheduled for 4/25 (30 days between notice and hearing required). 3/22 Notice to Ferber regarding 4/12 Planning Commission hearing on Comprehensive Plan Amendment. 3/22 Schedule with Planning Commission a special meeting for 4/12 regarding Rezoning/Conditional Use Permit/Final Development Plan. 3/22 ARC meeting with presentation of concept proposal statement PC-2 Plan and Final Development Plan by CSM and review by technical staff. 3/23 By Date Page 2 Development Agreement to HRA for action. 3/28 Redevelopment Plan Modification to HRA for approval subject to Planning Commission findings 3/28 Condemnation Shops at Lyndale Phase 1 quick take for HRA for action. 3/28 Fiscal disparities contribution shift and report/analysis of impacts, process etc. to HRA for action. (Incorporated into HRA resolution approving Modification No. 4.) 3/28 Request by HRA that Planning Commission find sale of property in conformance with Comprehensive Plan 3/28 City Council request Planning Commission to schedule public hearing on Comprehensive Plan Amendment. 3/28 Fiscal disparities contribution shift report/analysis of impacts, process for City Council action. 3/28 City Council initiate request for rezoning for Phase 1 and Phase 2 areas and give first reading to ordinance. 3/28 City Council set special meeting for 4/18 for hearing on rezone for Phase 1 and Phase 2 areas and second reading of ordinance. 3/28 Notice to Ferber regarding 4/25 City Council hearing on Redevelopment Plan Modification. 3/29 Notice to Ferber regarding HRA hearing on sale of property; portion of Cloverleaf site for Church and Phase 1. 3/29 Notice to Ferber regarding 4/18 City Council public hearing on Comprehensive Plan Amendment. 3/29 By Date 2 Page 3 . Notice to Ferber regarding 4/18 City Council hearing on Conditional Use Permit/Final Development Plan for Phase 1 and Phase 2. 3/29 Notice to Ferber regarding City Council hearing on rezoning for Phase 1 and Phase 2 and second reading. 3/29 Mail notice regarding 4/12 Planning Commission action on rezoning. 3/29 Mail notice regarding 4/12 Planning Commission action on Conditional Use Permit/Final Development Plan 3/29 Notice of Planning Commission hearing on Comprehensive Plan Amendment published. 3/30 Commence condemnation and quick take, Phase 1. 4/1 is Notice regarding City Council hearing on Redevelopment Plan modification published. 4/6 Publication of hearing notice on HRA sale of property; portion of Cloverleaf site and Phase 1. 4/6 Notice of City Council hearing on Comprehensive Plan Amendment published. 4/6 Notice published City Council hearing on Conditional Use Permit/ Final Development Plan. 4/6 Notice published City Council hearing on Rezoning. 4/6 Mail notice regarding 4/18 City Council hearing on Conditional Use Permit/Final Development Plan. 4/6 By Date 3 Page 4 • Planning Commission findings the Redevelopment Plan Modification conforms with Comprehensive Plan; special meeting. 4/12 Planning Commission finding that sale of property by HRA is in conformance with Comprehensive Plan; special meeting. 4/12 Public hearing by Planning Commission Comprehensive Plan Amendment; special meeting. 4/12 Planning Commission action on rezoning Phase 1 and Phase 2; special meeting. 4/12 Planning Commission action on Conditional Use Permit/Final Development Plan, Phase 1. 4/12 HRA hearing on sale of property; portion of Cloverleaf site and Phase 1. 4/18 Public hearing by City Council Comprehensive Plan Amendment; special meeting. 4/18 City Council public hearing and second reading regarding rezoning; special meeting. 4/18 City Council public hearing Conditional Use Permit/Final Development Plan special meeting. 4/18 City Council public hearing Redevelopment Plan Modification. 4/25 Rezoning published. 4/27 Rezoning effective. 5/27 Title and possession through condemnation quick take, Phase 1. 7/1 By Date 4 Preliminary Time and Events CSM Proposal ILN By Activities Development Agreement Defines roles/responsibilities of BRA/CSM. A significant item is the provision for tax increment "pay as you go" assistance. To HRA for review 3/21 To HRA for action; special meeting 3/28 Condemnation Title to property obtained by court order if negotiations are not successful. Quick take provides title in about 90 days. Shops at Lyndale Phase 1 Quick take to BRA for review 3/21 To BRA for action; special meeting 3/28 Shops at Lyndale Phase 2 Condemnation without quick take No Date to HRA for action Commence condemnation and quick take, Phase 1 4/1 Title and possession through quick take, Phase 1 7/1 Title and possession without quick take, Phase 2 No Date • By Activities 1 Page 2 0 • Fiscal disparities contribution shift Special legislation makes it possible for the City to elect to pay the fiscal disparities contribution from outside the district even though the initial choice was to pay from within the district. Report/analysis of impacts, process etc. to HRA for review 3/21 To HRA for action; special meeting 3/28 Report same to City Council for action 3/28 Redevelopment Plan Modification The text needs to reflect CSM proposal. Currently it reflects the Larson proposal from 1989. Property to be acquired is properly identified however. To HRA for review 3/21 To HRA for approval subject to Planning Commission findings; special meeting 3/28 Notify School District and County of City Council public hearing scheduled for 4/25 (30 days between notice and hearing required). 3/22 Notice to Ferber regarding 4/25 City Council hearing 3/29 Notice regarding City Council hearing published 4/6 Planning Commission findings the modification conforms with Comprehensive Plan; special meeting 4/12 By Activities 2 Page 3 City Council public hearing 4/25 Sale in Conformance with Comprehensive Plan The HRA must sell property only after a public hearing on the sale. Prior to the hearing the Planning Commission is asked to find that the sale/proposed use is in conformance with the Comprehensive Plan. The existing Emerson. Church site is designated by the Comprehensive Plan "Institutional" and must be amended to "Freeway Strip". HRA review request that Planning Commission find sale in conformance with Comprehensive Plan. (Incorporated into HRA resolution approving Modification No. 4.) 3/21 To HRA for approval; special meeting 3/28 Planning Commission finding that sale is in conformance; special meeting 4/12 0 HRA Public hearing on Sale of Property Public hearing would address sale of a portion of Cloverleaf site for Church and Phase 1. Notice to Ferber regarding HRA hearing 3/29 Publication of hearing notice 4/6 Hearing 4/18 Comprehensive Plan Amendment Amend plan to change existing church site designation from "Institutional" to "Freeway Strip". Notice to Ferber regarding 4/12 Planning Commission hearing 3/22 By Activities 3 Page 4 City Council request Planning Commission to schedule public hearing 3/28 Notice to Ferber regarding 4/18 City Council public hearing 3/29 Notice of Planning Commission hearing published 3/30 Public hearing by Planning Commission; special meeting 4/12 Notice of City Council hearing published 4/6 Public hearing by City Council; special meeting 4/18 Rezoning/Conditional Use Permit (CUP)/Final Development Plan (FDP) Site is currently zoned C3. FAR not sufficient thus rezone to PC-2. CUP is also required as is approval of FDP. CSM submit concept proposal statement PC-2 plan and FDP Phase 1 and Phase 2. 3/16 Schedule with Planning Commission a special meeting for 4/12 3/22 ARC meeting with presentation of above by CSM and review by technical staff 3/23 City Council initiate request for rezoning for Phase 1 and Phase 2 areas and give first reading to ordinance 3/28 0 By Activities 4 Page 5 City Council set special meeting for 4/18 for hearing on rezone for Phase 1 and Phase 2 areas and second reading of ordinance. 3/28 0 Notice to Ferber regarding 4/18 City Council hearing on CUP/FDP for Phase 1 and Phase 2 3/29 Notice to Ferber regarding City Council hearing on rezoning for Phase 1 and Phase 2 and second reading 3/29 Mail notice regarding 4/12 Planning Commission action on rezoning 3/29 Mail notice regarding 4/12 Planning Commission action on CUP/FDP 3/29 Notice published City Council hearing on CUP/FDP 4/6 Notice published City Council hearing on rezoning 4/6 Mail notice regarding 4/18 City Council hearing on CUP/FDP 4/6 Planning Commission action on rezoning Phase 1 and Phase 2; special meeting 4/12 Planning Commission action on CUP/FDP Phase 1; special meeting 4/12 City Council public hearing and second reading regarding of rezoning; special meeting 4/18 City Council public hearing CUP/FDP; special meeting 4/18 Rezoning published 4/27 Rezoning effective 5/27 By Activities 5 CITY OF RICHFIELD, MINNESOTA Council Letter No. 93 Agenda March 28, 1994 Issue Statement: Consideration of scheduling Special City Council meeting for 7:00 p.m., Monday, April 18, 1994 for the purpose of considering the following: 1.' Planned Unit Development plan and second reading to rezone Phase I and Phase II of the CSM proposal; 2. Conditional Use Permit/Final Development Plan for Phase I of the CSM proposal; and 3. Amendments to the Comprehensive Plan Map with respect to the CSM proposal. Background: The CSM proposal for Shops at Lyndale is in process. In order to keep the development schedule on track, it is necessary to hold this special meeting. Recommended Motion: Schedule a Special City Council meeting for 7 p.m., Monday April 18, 1994, in the Council Chambers of City Hall. Basis of Recommendation: 1. Because timing of the process is critical, Council is being asked to hold a special meeting. 2. Consideration and approval of the project on April 18, 1994 would allow publication of the rezoning ordinance on April 27, 1994. Alternative Recommendation: Schedule the Special Council meeting for a date other than Monday, April 18, 1994. However, an earlier meeting date may not provide sufficient time for the Planning Commission to review relevant issues, and a later meeting date may detrimentally delay the process. Discussion/Decision Mode: Council is asked to determine the date and time of a Special Council meeting so sufficient notice of the meeting may be given. y submitted, Jam s . Prosser • Cit anager JDP:ds CITY OF RICHFIELD, MINNESOTA Council Letter No. 92 Agenda March 28, 1994 Issue Statement: Consideration of Planned Unit Development (PUD) plan and first reading of an ordinance rezoning land from C-3 (high density commercial) to PC-2 (planned general commercial) for the CSM proposal. Background: CSM is requesting City approval of a redevelopment project called Shops at Lyndale. This proposal consists of razing all the existing buildings in the site area and constructing 231,000 square feet of retail space in the following two phases: ? Phase I - Phase I would include a three anchor building with 114,484 square feet. Anchor A would be a 47,000 square foot Best Buy, Anchor B would be a 42,000 square foot Sport- Mart, and Anchor C would be a 25,000 square foot Comp-USA. Phase I would provide 501 parking spaces, which is above the City requirement of 460 spaces for a development of this size. If the project is approved, demolition and construction would begin this summer, with completion anticipated in time to open by the end of November. ? Phase II - Phase II would be divided into two stages to • accommodate relocation of existing businesses into the in-line shops. Stage one would include 20,475 square feet of in-line retail space. Stage one would also provide a 6,000 square foot detached restaurant. Stage two would include a three anchor building with 85,000 square feet to be attached to the in-line shops. Stage two would also include a 5,000 square foot retail pad site on the east side of the site. Phase I and II combined would provide 1,155 parking spaces, which is above the City requirement of 924 spaces for a development of this size. Phase II development is tentatively anticipated to start in the spring of 1995, with completion in the fall of 1995. CSM selected a retail use of this site because of its exposure to I-494 and its access. Several tenants have already been secured for the proposed development. The proposal would offer complimentary and supportive land use to the future office use proposed for the Cloverleaf site. The building would be generally situated along the north side of the site, with the major parking areas to the south. Most tenant signage would be directed to I-494. The building exterior would use a combination of brick, concrete decorative block, Dryvit (a stucco-like finish) and a standing seam metal roof. The main entrance to the project would be from 77th Street. This entrance drive has been designed to provide a wide visual break between the two main buildings. Front facades and signage would face this entrance drive to define the entrance. A monument sign would also be located at this entrance. The rear of the building would be situated along 77th Street. Landscaping and berming would be provided to buffer the rear building walls from 77th Street, and to maintain the parkway character intended for 77th Street. The rear wall of the buildings would be staggered to provide variations and reduce the mass, and to minimize the view of the loading docks. • The City Council would initiate the rezoning of land to a planned unit development. The PUD plan and rezoning would apply to both phases of the proposal. Final development plans for Phase I would be considered separately next month if the PUD plan and rezoning are approved. Recommended Motion: Approve first reading of the attached ordinance; refer the matter to the Planning Commission for their recommendation; and set a second reading and public hearing for April 18, 1994. Basis of Recommendation: 1. The proposed PUD plan would be consistent with the ILN Redevelopment Plan and Comprehensive Plan if modified as proposed. 2. The PC-2 classification is appropriate for the proposed retail development. 3. The proposed PUD plan provides a workable project for the ILN, given the site area constraints. 4. Several developers have stated that it would be difficult to redevelop the Cloverleaf site until this site is redeveloped. Approval of this project may lead to other new development along I-494. Alternative Recommendation: Deny this PUD plan and rezoning at first reading. Discussion/Decision Mode: First reading is set for March hearing and second reading will 28, 1994. If approved, a public be scheduled on April 18, 1994. Res lly submitted, Jame. Prosser City anager JDP:ds r? U Bill No. 1994- AMENDMENT TO APPENDIX I OF THE CITY CODE OF THE CITY OF RICHFIELD THE CITY OF RICHFIELD DOES ORDAIN: Appendix I which describes the boundaries of the various zoning districts of the City is hereby amended in the following respect: Section 4, Paragraph (1) is amended to read as follows: (1) That area lying between I-494 and the original center line of 77th Street and its westerly extension to the easterly right-of-way line of I-35W, and between I-35W and the Minneapolis, Northfield and Southern Railroad, except the following: That area lying between the original center line of 77th street and I-494, and between the center lines of Lyndale and Emerson Avenues, except Lots 1 through 5 of Block 1. Strand's Second Addition. Section 7, Paragraph (6) is added to read as follows: (6) That area lying between the original center line of 77th Street and I-494, and between the center lines of Lyndale and Emerson Avenues, except Lots 1 through 5 of Block 1, Strand's Second Addition. This amendment constitutes a rezoning from C-3 to PC-2, of the following described land: That land bounded by Emerson Avenue on the west, 77th Street on the north, Lyndale Avenue on the east, and the I-494 frontage road (Market Drive) on the south, except for the parcel located at 7700 Lyndale Avenue (Conoco). Passed by the City Council of the City of Richfield, Minnesota this day of , 1994. Martin J. Kirsch, Mayor ATTEST: Thomas P. Ferber, City Clerk • . _..l i L............ CD HJMS'3AV 3WOAfn O I i I I i I I I I I I I I I I I I I I I I I I I C; i J ? 9 ? W Q Z ? U IL O S W S m 2 I;E z W i o ? g VI Z w a 0 w O !2 a gQo N ZN 4? _ N. a sr8 3o k$ p. wa Av a yq o •« a <mu x rcrc M 5.6; V;0 0 0.:] a.a.g z 6 e? C CL 0 IL I z d W F- FD 4 0 U 1 0 CITY OF RICHFIELD, MINNESOTA Council Letter No.91 Agenda March 28, 1994 Issue Statement: Consideration of a resolution directing the Planning Commission to review and consider an amendment to the Comprehensive Development Plan Map, with respect to the CSM proposal and relocation of the Emerson Avenue Congregational Church. Background: The Comprehensive Development Plan Map currently designates the church site at 7701 Emerson Avenue as "institutional," which allows for governmental, school and church uses. CSM is proposing to acquire the church site for redevelopment of Shops at Lyndale, a retail power center. If the CSM project is approved, the Comprehensive Plan Map should be amended to reflect the proposed change in land use and designate such area as "freeway strip." In addition, the CSM project proposes to relocate the Emerson Avenue Church to the northerly portion of the Cloverleaf site. The entire Cloverleaf site is currently designated as "freeway strip," which allows for hotel, dining, retail, wholesale, office, and multi-family uses. If the church is relocated, the • Comprehensive Plan Map should also be amended to allow church use in the area of the Cloverleaf site where the church would be located. Recommended Motion: Adopt the attached resolution directing the Planning Commission to review and consider an amendment to the Comprehensive Development Plan Map. Basis of Recommendation: 1. The amendment would facilitate the CSM redevelopment proposal for the ILN redevelopment district. 2. The proposed land use designations are most appropriate for the proposed land uses. 3. The proposed land use designations would not conflict with the overall guide plan for the City, the revised Comprehensive Plan which is currently being developed by the Steering Committee, or zoning regulations. 4. It is appropriate for the Planning Commission to review and make recommendations on amendments to the Comprehensive Plan. Alternative Recommendation: 1. The City Council could decide not to adopt the resolution. 2. The City Council could defer consideration of this item until a later meeting. Discussion/Decision Mode: Consideration of this item is scheduled for the March 28, 1994 City Council meeting. Notice of this consideration is not required. ly submitted, Jamegf. Prosser City(( pager JDP:ds 0 0 • RESOLUTION NO. A RESOLUTION PROPOSING AN AMENDMENT TO THE RICHFIELD COMPREHENSIVE PLAN; AND REFERRING THE PROPOSED AMENDMENT TO THE RICHFIELD PLANNING COMMISSION WHEREAS, a redevelopment proposal has been submitted by CSM Corporation for land within the Interstate-Lyndale-Nicollet (ILN) Redevelopment District; and WHEREAS, such redevelopment proposal consists of mixed retail use of land; and WHEREAS, such redevelopment proposal would require the relocation of the Emerson Avenue Congregational Church from its existing site at 7701 Emerson Avenue to the northern portion of the Cloverleaf site; and WHEREAS, the Comprehensive Plan Map currently designates the entire Cloverleaf site as "freeway strip", which allows for hotel, dining, retail, wholesale, office, and multi-family uses; and • WHEREAS, if the CSM redevelopment proposal is approved, and the church is relocated to the northern portion of the Cloverleaf site, it is appropriate to redesignate the land at 7701 Emerson Avenue to "freeway strip", and to redesignate the new church location (northern portion of the Cloverleaf site) to "institutional," thereby maintaining conformance with the Comprehensive Development Plan Map. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield, Minnesota as follows: 1. The Planning Commission is directed to review and consider an amendment to the Richfield Comprehensive Plan that would achieve the following: a. Redesignate the parcel at 7701 Emerson Avenue from "institutional" to "freeway strip" on the Comprehensive Development Plan Map. b. Redesignate a portion of the Cloverleaf site from "freeway strip" to "institutional" on the Comprehensive Development Plan Map. 2. The Planning Commission is requested to conduct a public hearing upon the proposed amendment to the Richfield Comprehensive Plan, upon such notice as required by law, and report its recommendation to the City Council by April 18, 1994. 0 - Adopted by the City Council of the City of Richfield, Minnesota this 28th day of March, 1994. Martin J. Kirsch, Mayor ATTEST: Thomas P. Ferber, City Clerk 0 CITY OF RICHFIELD, MINNESOTA Council Letter No.90 HRA Letter No. 24 Agenda March 28, 1994 Issue Statement: Conceptual acceptance of Shops at Lyndale redevelopment proposal; ILN. Background: At recent HRA meetings to which the City Council was invited, representatives of CSM Corporation presented their proposal for redeveloping that portion of the ILN south of 77th Street and east of Lyndale Avenue (excepting the Conoco facility). The project envisions 131,000 square feet of retail space constructed in two phases. Phase I construction would be initiated in July with completion in November. Construction of Phase II would follow in 1995. Should the HRA and City Council respond favorably to the proposed concept at the March 28, 1994 meeting, many people will be impacted and many dollars will be spent in anticipation of construction. It'is therefore important to ascertain if there is support to continue on with a lengthy, complicated and costly process. Recommended Motion: To support on a conceptual basis Shops at Lyndale. • Basis of Recommendation: 1. The redevelopment process is time consuming and expensive. 2. The lives of many people would be impacted including those businesses which would be located or relocated into the new facility or elsewhere as well as the developer. 3. People need to plan their future. Uncertainty may well lead to frustration and anger at the process as would changing course after a significant period to time. Alternative Recommendation: 1. Reject the development concept. 2. Delay action. Discussion/Decision Mode: Action on this item at the March 28, 1994 meeting will facilitate the planning by all those impacted. Respectfully submitted, James Prosser • City pager/Executive Director JDP:Ca,k