5-24-93 agenda•
CITY OF RICHFIELD, MINNESOTA
MONDAY, MAY 24, 1993
REGULAR CITY COUNCIL MEETING
. 7:00 P.M.
COUNCIL CHAMBERS
AGENDA
INTRODUCTORY PROCEEDINGS
CALL TO ORDER
PLEDGE OF ALLEGIANCE
APPROVAL OF MINUTES OF RICHFIELD BOARD OF REVIEW OF MAY 10, 1993
AND REGULAR CITY COUNCIL MEETING OF MAY 10, 1993
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 RESOLUTION APPOINTING JAMES
GREENLEE TO REPLACE GEORGE OTTERSON AS MOTEL 6
REPRESENTATIVE TO RICHFIELD TOURISM PROMOTION BOARD C.L.
149
B. CONSIDERATION OF APPROVAL OF RESOLUTIONS VOIDING MINNESOTA
DEPARTMENT OF TRANSPORTATION AGREEMENT NO.'S 53060M AND 1069
RELATING TO STREET LIGHT MAINTENANCE C.L. 150
C. CONSIDERATION OF APPROVAL OF APPLICATION FOR LAWFUL GAMBLING
LICENSE WITH FEE WAIVER FOR CHURCH OF THE ASSUMPTION.OF
RICHFIELD C.L. 151
•
PUBLIC HEARINGS
4. CONSIDERATION OF REQUEST FOR CONDITIONAL USE PERMIT TO ALLOW
MONTESSORI PRE-SCHOOL/DAYCARE CENTER AT 6345 XERXES AVENUE
COUNCIL LETTER NO. 152
5. PUBLIC HEARING AND SECOND READING OF TRANSITORY ORDINANCE
PROVIDING FUNDING FOR NICOLLET PARK CAPITAL IMPROVEMENTS
FROM SPECIAL REVENUE FUND
COUNCIL LETTER NO. 153
PROPOSED ORDINANCE
6. CONSIDERATION OF FIRST READING OF INTERIM ORDINANCE PROVIDING
FOR MORATORIUM ON ESTABLISHMENT OF NEW PARKING AREAS IN
FRONT, REAR AND SIDE YARDS FOR SINGLE FAMILY AND TWO FAMILY
DWELLINGS
COUNCIL LETTER NO. 154
ADMINISTRATIVE REPORTS & OTHER BUSINESS
7. CONSIDERATION OF PURCHASE IN EXCESS OF $5,000 FOR
CATERPILLAR 950F ARTICULATED 4WD LOADER THROUGH HENNEPIN
COUNTY CONTRACT NO. 2623A3 FOR TOTAL OF $129,999.23
COUNCIL LETTER NO. 155
8. CONSIDERATION OF REQUEST FOR DETERMINATION ON APPROPRIATE
ZONING CLASSIFICATION FOR RETAIL SALES OF MOTORCYCLE
ACCESSORIES, PARTS AND CLOTHING
COUNCIL LETTER NO. 156
9. CONSIDERATION OF ACCEPTANCE OF BID MINUTES/TABULATION,
ALTERNATE BID ITEM AND AWARD CONTRACT, INCLUDING BASE BID
AND SELECTED ALTERNATE, FOR BUILDING CONSTRUCTION AT
NICOLLET PARK TO EBERT, INC. IN AMOUNT OF $148,295
COUNCIL LETTER NO. 157
10. CONSIDERATION OF ACCEPTANCE OF BID MINUTES/TABULATION AND
AWARD CONTRACT FOR SITE REDEVELOPMENT AT NICOLLET PARK TO
HOFFMAN-MCNAMARA IN AMOUNT OF $293,879.59
COUNCIL LETTER NO. 158
AIRPORT BUSINESS
11. AIRPORT STATUS REPORT
0 CORRESPONDENCE
12. LEGISLATIVE REPORT
COUNCIL CHOICE
13. COUNCIL DISCUSSION ITEMS
14. 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.
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CITY OF RICHFIELD, MINNESOTA
Council Letter No. 158
Agenda May 24, 1993
Issue Statement:
Award of contract for site redevelopment at Nicollet Park.
Background:
The Capital Improvement Fund includes $500,000 for redevelopment
of Nicollet Park including site and building. The site design
was created through meetings with the park neighbors.
On May 11, 1993, bids were received for the Nicollet Park site
construction. Proposals included a base bid price for site
improvements as well as storm water improvements.
The low base bid includes approximately $20,000 of storm water
improvements which would be charged to the storm water utility.
The balance of the bid includes approximately $273,879.59 of
neighborhood park improvements which would be charged to the City
project. There is sufficient funding in the project for this
proposed contract. The work completed or committed to date plus
the proposed contracts for site and building work total
approximately $470,275. The approximate $29,725 balance is a
contingency and will be used for tree purchase and planting, any
removals by City staff, surveying, soil tests, and other
miscellaneous items for the park improvement.
The architect, Barton-Aschman Associates, Inc., has verified the
prices bid, contacted references and reviewed subcontractors for
the apparently successful bidder, Hoffman-McNamara. The
architect recommends award of contract to this bidder. It should
be noted there was an irregularity in the bid submittal-the unit
prices were provided but a grand total was not noted on the bid
form. The City Attorney has determined that such irregularity
may be waived.
Recommended Motion:
Accept the bid minutes/tabulation and award a contract to
Hoffman-McNamara in the amount of $293,879.59, approximately
$20,000.00 of which will be charged to the storm sewer utility
and $273,879.59 of which will be charged to the City project for
the redevelopment of Nicollet Park.
Basis of Recommendation:
1. Redevelopment of Nicollet Park has been determined to be of
merit to the Richfield community.
2. -Funding for redevelopment of Nicollet Park has been included
in the 1993 Capital Improvement Program.
0 3. Hoffman-McNamara submitted the lowest responsible bid for the
project..
10- I
0 4. The site work can be performed within the project funding
allocation.
Alternative Recommendation:
1. Do not award any contract for site work at Nicollet Park.
2. Select different funding sources to be used in the award of
contract.
3. Award a contract to another bidder.
Discussion/Decision Mode:
This item is scheduled for the May 24, 1993 Council meeting.
Action is requested at this time to meet construction deadlines
which would allow use of the redeveloped park beginning with the
1994 spring season.
Respectf ly submitted,
James Prosser
City VMager
JDP:ds
Attachments
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CITY OF RICHFIELD, MINNESOTA
Bid Opening
May 11, 1993
10:30 A.M.
Nicollet Park Site Improvements
City.Project No. 8890
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 Nicollet Park site improvements,
City Project No. 8890, as advertised in the official newspaper on
April 28, 1993.
Present: Thomas Ferber, City Clerk
Byron Wallace, Community Development Director
Doris Swanson, City Manager Representative
Gretchen Blank, Leisure Services Coordinator
The following bids were submitted and read aloud:
VENDOR ; BID ; TOTAL ;
SECURITY
Alber Construction, Inc. ; 5% 1$334,806.40 ;
Socon Construction, Inc. ; 5% ; 298,454.10* ;
Veit & Company, Inc. ; 5% ; 318,770.96 ;
Hardrives, Inc. ; 5% ; 380,126.20 ;
Hoffman & McNamara ; 5% ; 293,879.59**;
Arrigoni Brothers Company ; 5$ ; 335,685.20
G.L. Contracting, Inc. ; 5$ ; 350,349.30 ;
Sunram Construction, Inc. ; 5$ ; 318,344.70 ;
0
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Nicollet Park Bid 5/11/93
• Page 2
* Corrected grand total from bid grand total of $296,214.10
reflects unit price calculation.
** Grand total space was inadvertently left blank by bidder and
therefore, not available to be read at bid opening. City
Attorney opinion obtained to waive irregularity. Grand total
calculated from totaling unit prices.
The City Clerk announced that the bids would be tabulated and
considered at the May 24, 1993 City Council Meeting.
Thomas P. Ferber City Clerk
11
BARTON-ASCHMAN ASSOCIATES, INC.
111 Third Avenue South, Suite 350 • Minneapolis, Minnesota 55401 USA • (612) 332-0421 • Fax: (612) 332- 6180
May 11, 1993
Ms. Gretchen Blank
City of Richfield
6700 Portland Avenue South
Richfield, MN 55423
Re: Nicollet Park
Dear Gretchen:
I contacted two of the references listed on Hoffman-McNamara's Contract Proposal for
the Nicollet Park Site Improvements. Marty McNamara, Parks and Recreation
Director for the City of Hastings, said that Hoffman-McNamara has done many projects
for the City of Hastings over the past 12 years. The quality of their work is very good,
• work is performed on time, they are dependable, and use quality materials.
Tim Agness, Senior Landscape Architect with the City of St. Paul, said that Hoffman-
McNamara acted as the general contractor on the Mississippi River Boulevard Phase 3
improvements. This project involved many different types of work including stone
work, retaining walls, railings, grading, and landscaping. Tim said they did a very good
job of coordinating the work and meeting the schedule and that their quality of work is
very good. He thought they were one of the best landscape contractors to work with
and is always pleased when they submit a low bid. Please contact me if you have any
questions regarding these comments or would like us to acquire additional information
on Hoffman-McNamara.
Sincerely,
Kenneth W. tol, P. E.
Senior Associate
KWH:kro
cc: Barry Warner
0 PARSONS
TRANSPORTATION GROUP
An Equal Opportunity Employer
NICOLLET PARK SITE IMPROVEMENTS - RICHFIELD, MINNESOTA
HOFFMAN MCNAMARA BID
5-11-93 ?
ESTIMATED UNIT ITEM o
f?
ITEM NO. ITEM
----
--
----------------
-------
- UNIT
------ QUANTITY
----------- COST($)
---------- TOTAL($)
--------
--------
1 -
-
-
--
-
SURVEYING AND LAYOUT
L.S.
1
5000.00 -
5000.00
2 MOBILIZATION L.S. 1 6000.00 6000.00
3 CLEARING AND GRUBBING EACH 7 60.00 420.00
4 BUILDING REMOVAL L.S. 1 5000.00 5000.00
5 REMOVE CONCRETE CURB L.F. 170 2.50 425.00
6 REMOVE BITUMINOUS PAVEMENT S.Y. 760 2.50 1900.00
7 REMOVE CATCH BASIN EACH 1 200.00 200.00
8 REMOVE PLAY STRUCTURE L.S. 1 3,000.00 3000.00
9 REMOVE BENCHES AND BACKSTOP L.S. 1 400.00 400.00
10 SAWING BITUMINOUS PAVEMENT L.F. 580 2.62 1519.60
11 ABANDON SEPTIC SYSTEM L.S., 1 600.00 600.00
12 SITE GRADING L.S. 1 31000.00 31000.00
13 SUBCUT EXCAVATION C.Y. 1300 3.50 4550.00
14 GRANULAR BORROW C.Y. 3600 4.50 16200.00
15 EROSION CONTROL FENCE L.F. 750 1.50 1125.00
16 8' BITUMINOUS TRAIL L.F. 1100 7.42 8162.00
17 10' BITUMINOUS TRAIL L.F. 162 12.19 1974.78
18 12' BITUMINOUS TRAIL L.F.: 280 10.60 2968.00
19 BITUMINOUS COURT S.Y.; 1466 9.54 13985.64 j•
20 BITUMINOUS STREET PAVEMENT S.Y.. 760 9.54 7250.40
21 BIT.B.BALL COURT COLOR COAT L.S. 1 768.50 768.50
22 BIT.TENNIS COURT COLOR COAT L.S. 1 1822.14- 1822.14
23 PLAY GAMES COLOR COAT L.S. 1, 503.50- 503.50
24 4" PVC SEWER PIPE-SCH.40 L.F 30` 22.26 667.80-
25 6" PVC SEWER PIPE-SCH.40 L.F 93 23.53 2188.29
26 6" PVC SEWER PIPE-SCH.80 L.F` 174 26.18 4555.32
27 10" PVC STORM SEWER PIPE-SDR 21 L.F 84 14.52 1219.68
28 12" RC STORM SEWER PIPE-CLASS III L.F 64 19.08 1221.12
29 18" CP STORM SEWER PIPE L.F 640 16.43 10515.20
30 4" PE DRAINAGE TUBING L.F 450 8.48 3816.00
31 4" CLEANOUT EACH 4 169.60 678.40
32 6" CLEANOUT EACH 1 318.00 318.00
33 MANHOLE EACH 2 848.00 1696.00
34 CATCH BASIN EACH 2 901.00 1802.00
35 12" RC APRON W/TRASHGUARD EACH 1 604.20 604.20
36
37 18" GS APRON W/TRASHGUARD
RIPRAP EACH.
C.Y. 4
10 243.80
53.00 975.20
530.00
38 1.5" COPPER WATER SERVICE L.F. 180 12.19 2194.20
39 1.5" CORPORATION STOP EACH 1 318.00 318.00
40 1.5" CURB STOP EACH 1 190.80 190.80
41 BALLFIELD SKINNED AREA S.Y. 922 3.75 3457.50
42 CONCRETE CURB & GUTTER DES B618 L.F. 180 7.42 1335.60
43 PLAY AREA CURB L.F. 630 8.48 5342.40
44 LANDSCAPE CURB L.F. 172 8.48 1458.56
45 CONCRETE WALK S.F. 4520 1.91 8633.20 j
46 COLORED CONCRETE WALK S.F. 1160 2.97 3445.20
47 BENCH WITH BACK EACH 6 636.00 3816.00
48 PLAYERS BENCH EACH 2 714.44 1428.88-
49 BICYCLE RACK EACH< 1 1250..00 1250.00
50 SOFTBALL BACKSTOP EACH 1 2358.50 2358.50
51 TENNIS NET_._&_COURT FENCING___._..._ j,.5.__ __ 1 10165.4.0__. ...10.165.40. _',
52 VOLLEYBALL SET EACH 1 164.30 164.30
53 BASKETBALL STANDARD EACH 3 1,113.00 3339.00
54 PLAY STRUCTURE EQUIPMENT (5-12) L.S. 1 26341.00 26341.00
55 PLAY STRUCTURE EQUIPMENT (2-5) L.S.. 1 10393.30 10393.30
56 INDEPENDANT PLAY APPARATUS L.S. 1 4306.78 4306.78
57 SYNTHETIC PLAY AREA SURFACE S.F. 700 10.11 . 7077.00 y
58 PLAY AREA WASHED SAND C.Y. 400 11.00 4400.00 i
59 WOODEN STEPS L.S.' 1 2400.00 2400.00 k
60 WOODEN WALKWAY L.F.. 60 90.00 5400.00
61 BANG BOARD L.S. 1 4500.00 4500.00
62 DRINKING FOUNTAIN DRAIN & POST L.S.' 1 300.00 300.00
63 SEEDING ACRE 3.0 1563.50 4690.50
64 SODDING S.Y.: 3000 2.00 6000.00
65 GINGKO SENTRY 3" Cal. B&B EACH 19 328.00 6232.00
66 LARCH, AMERICAN 2.5" Cal. B&B EACH 8 283.00 2264.00
67 RED MAPLE 2.5" Cal. B&B EACH 10 286.00 2860.00
68 SUGAR MAPLE 2.5" Cal. B&B EACH- 2 303.00 606.00
69 PIN OAK 2.5" Cal. B&B EACH 12 282.00 3384.00
70 SWAMP WHITE OAK 2..5" Cal. B&B EACH 11 296.00 3256.00
71 SCOTCH PINE 61Ht. B&B EACH 2 224.50 449.00
72 SCOTCH PINE 81Ht. B&B EACH 6 273.00 1638.00
73 BLACK HILL SPRUCE 6'Ht. B&B EACH 5 231.00 1155.00
74 BLACK HILL SPRUCE 8'Ht. B&B EACH 3 273.00 819.00
75 F. AND I. SIGN PANELS,TYPE C S.F. 25 26.50 662.50
76 PEDESTRIAN PAVEMENT MARKINGS L.S. 1 286.20 286.20
GRAND TOTAL ITEMS 1 - 76 293879.59
----------------------------------------------------------------------
9
. CITY OF RICHFIELD, MINNESOTA
Council Letter No. 157
Agenda May 24, 1993
Issue Statement:
Award of contract for building construction at Nicollet Park.
Background:
The Capital Improvement Fund includes $500,000 for redevelopment
of Nicollet Park including site and building. The building
design was created through meetings with the park neighbors.
On May 11, 1993, bids were received for the Nicollet Park
building and arbor construction. The low bid proposal included a
base bid price of $139,895 and an alternate bid price of $8,400
to substitute a metal roof for the asphalt shingles included in
the base bid. Staff recommends accepting the alternate. Metal
roofs have a longer life and require less maintenance than
asphalt shingles. This style of roof was used at Jefferson Park
and the results have been positive.
The prices bid for the base and alternate are within the budgeted
amount for the redevelopment project. The work completed or
committed to date plus the proposed contracts for site and
building work total approximately $470,275. The approximate
• $29,725 balance is a contingency and will be used for tree
purchase/planting and other miscellaneous improvement items.
The architect, Schwarz/Weber Architects, has verified the prices
bid, contacted references and reviewed subcontractors for the
apparently successful bidder, Ebert, Inc. The architect
recommends award of contract to this bidder.
Recommended Motion:
Accept the bid minutes/tabulation, accept the alternate bid item,
-and award a contract, including base bid and selected alternate,
to Ebert, Inc. in the amount of $148,295.
Basis of Recommendation:
1. Redevelopment of Nicollet Park has been determined to be of
merit to the Richfield community.
2. Funding for redevelopment of Nicollet Park has been included
in the 1993 Capital Improvement Program.
3. Ebert, Inc. submitted the lowest responsible bid for base
price plus selected alternates.
4. The building work can be performed within the project funding
allocation.
q---l
Alternative Recommendation:
1. Do not award any contract for a building at Nicollet Park.
However, this option was available but all five of the
neighborhood planning groups included a building in the park
design.
2. Reject the alternate to be used in the award of contract.
3. Award a contract to another bidder.
Discussion/Decision Mode:
This item is scheduled for the May 24, 1993 Council meeting.
Action is requested at this time to meet construction deadlines
which would allow use of the redeveloped park beginning with the
1994 spring season.
Respectf ly submitted,
James Prosser
City, pager
JDP:ds
Attachments
\J
CITY OF RICHFIELD, MINNESOTA
Bid Opening
May 11, 1993
11:00 A.M.
Park Shelter Building Construction at Nicollet Park
City Project No. 8890
q-?
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 park shelter building construction
at Nicollet Park, as advertised in the official newspaper on
April 28, 1993.
Present: Thomas Ferber, City Clerk
Byron Wallace, Community Development Director
Doris Swanson, City Manager Representative
Gretchen Blank, Leisure Services Coordinator
•
The following bids were submitted and read aloud:
CONTRACTOR ; Bid ; BASE BID ; ALTERNATE
Security 1 ;
Nordling Construction; 5% ; $196,939.00 9,937.00 ;
Merrimac Construction;
5% ; $175,508.00 ; $ 8,900.00 ;
United Contracting ; 5% ; $167,750.00 ; $ 8,900.00 ;
Parkos Construction ; 5% ; $193,300.00 ; $10,500.00. ;
Co. !
Dahn Builders ; 5% ; $183,500.00 ; $12,000.00 ;
Mikkelson-Wulff ; 5$ ; $182,538.00 ; $ 8,806.00 ;
Construction
Hunnerberg ; 5$ ; $174,085.00 ; $ 5,175.00 ;
Construction Company ;
Socon Construction ; 5$ ; $178,700.00 ; $ 9,400.00
Ebert Construction, ; 5$ ; $139,895.00 ; $ 8,400.00 ;
Environmental ; 5% ; $171,000.00 ; $12,300.00
• ; Systematics
CM Construction Co. ; 5% ; $183,187.00 ; $11,570.00
Bid Minutes
Page 2
• The City Clerk announced that the bids would be tabulated and
considered at the May 24, 1993 City Council Meeting.
Thomas P. Ferber City Clerk
C?
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SCHWARZ/
3952 LOUISIANA AVENUE
(3-
W E B E R A R C H I T E C S
SOUTH • MINNEAPOLIS • MINNESOTA • 55426
(612) 926-1156
May 13, 1993
Gretchen Blank
City of Richfield
6700 Portland Avenue South
Richfield, Minnesota 55423
RE: Nicollet Park
Dear Gretchen:
•
We have checked out Ebert's reference list and find a very strong positive response with
several comments about continuing relationships. Number 3 is, yes, the Roger Erickson
and he personally told Neil that he was very pleased with his work. This project is not
what I would consider equivalent to the references which tend to be pole barns as is the
Richacres project, but in line with the positive response I can only recommend award to
them.
The price of the building is somewhat higher than any of us anticipated, possible resulting
from the enormous leap in lumber prices and the long electric service required. The Ebert
price is significantly below the average bids but he has made no attempt to my knowledge
to waver from his position on Tuesday that he considers it a good bid.
If you have any further questions, please give me a call.
Sincerely,
SCHWARZAVEBER ARCHITECTS, INC.
Richard J. Schwarz
BLANK-2.DOC
RICHARD J SCHWARZ N E I L W E B E R J AND R E L AT ON DR E S S E
CITY OF RICHFIELD, MINNESOTA
Council Letter No. 156
Agenda May 24, 1993
Issue Statement:
Request for a determination on the appropriate zoning
classification for retail sales of motorcycle accessories, parts
and clothing.
Background:
In a letter dated April 19, 1993, David Mahood requested
permission to sell motorcycle accessories, parts and clothing in
a C-1 (neighborhood business) zoning district. The Community
Development Director, based on an opinion of the City Attorney,
determined that the use was not similar to uses in a C-1 zone but
rather the C-2 (general commercial) zone. As a result, the
request was denied. Mr. Mahood has requested that the matter be
referred to the City Council for an appropriate classification.
Recommended Motion:
Review the request and determine the appropriate zoning
classification for the proposed use.
Basis of Recommendation:
1. Section 520.05 of the Zoning Code states that the Council can
determine the appropriate classification of uses which are
• not specifically described or prohibited.
2. By ordinance, the C-1 zone is "intended for the supplying of
a limited variety of commodities or services primarily for
the benefit of residents of the immediate neighborhood".
Grocery stores, drug stores, barber shops and dry cleaning
businesses are examples of permissible uses in the C-1 zone.
Mr. Mahood's request letter indicated that he anticipates
serving the Twin Cities area.
3. The C-2 general commercial district includes "retail stores
and shops."
Alternative Recommendation:
The City Council may refer the matter to the Planning Commission.
Discussion/Decision Mode:
Consideration of this item is scheduled on the May 24, 1993 City
Council meeting. No publication or notification is required.
Respec ully submitted,
Jame . Prosser
•
JDP:ds City anager
David E. Mahood
5332 Knox Avenue South
Minneapolis, MN 55419-1044
19 April 1993
City of Richfield
Planning and Zoning Division
6700 Portland Avenue
Richfield, MN 55423-2599
Attention: Mr. Shawn B. Drill
Zoning Administrator
• Subject: Retail Sales of Motorcycle Accessories, Parts and Clothing
Dear Mr. Drill:
This letter is in response to your request of April 14th that we provide the City with a description of
our proposed business, location, operation, etc.
My wife Bette and I propose opening a retail store at 7120 Chicago Avenue South. This location has
approximately 1,500 square feet. My wife and I will be the only employees. The store would sell
motorcycle clothing and what are called "after market" accessories and parts for motorcycles. The
clothing would include such items as jackets, helmets, gloves and rain suits for men, women and
children. The accessories and parts would include items such as windshields, luggage, lights and
chrome accent and decorative pieces. While some of the items we expect to carry will be of interest
to owners of all types of motorcycles, the majority of our customers are expected to own what are
called "touring motorcycles" such as Honda Goldwings. These motorcyclists typically travel ("tour'l
to destinations across the country and may journey 5,000 miles or more on their summer vacations.
We would anticipate our customer base to be the immediate Twin Cities area. In addition to local
community newspaper advertising we would also distribute flyers to the local touring motorcycle
clubs and organizations. We also hope to gain customers via "word of mouth". We are thinking of
operating the store from 10:00 am to 8:00 pm Monday through Friday, from 10:00 am to 5:00 pm
on Saturday and from 12:00 pm to 5:00 pm on Sunday.
Ll
My wife and I are selling our house in Minneapolis in order to open this business and are presently
looking for an apartment in Richfield. We are looking forward to living and working in the
community.
I hope this letter provides the information you requested. We would welcome the opportunity to
meet with city officials to answer any questions you may have. If you require further information
please contact us. Our telephone number is 922-6852.
Sincerely,
David E. Mahood
0
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David E. Mahood
5332 Knox Avenue South
Minneapolis, MN 55419-1044
6 May 1993
City of Richfield
Planning and Zoning Division
6700 Portland Avenue
Richfield, MN 55423-2599
Attention: Mr. Shawn & Drill
Zoning Administrator
Subject: Request for Referral to City Council
• Reference: My Letter of April 19,1993
Dear Mr. Drill:
This letter is a follow up to our phone conversation on May 5th informing us that our request to use
the premises located at 7120 Chicago Avenue South for the retail sales of motorcycle accessories,
parts and clothing has been denied.
We request that this matter be referred to the CityCouncil for review and consideration at the
earliest opportunity. Please notify us when this matter has been placed on the Council's agenda.
In the meantime, should you have any questions or require further information please do not
hesitate to contact us.. Our phone number is 922-6852. Thank you for your assistance.
Sincerely,
0 David E. Mahood
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Shawn Drill
City of Richfield
6700 Portland Avenue South
Richfield, MN 55423
RE: Sale of Motorcycle Accessories in C-1 District
Dear Shawn:
This is written confirmation of a verbal opinion given to you earlier and is based
upon the following: (1) your letter of April 20, 1993 to John Dean, City Attorney;
(2) an April 19, 1993 letter to your attention from David E. Mahood; (3) review of
relevant provisions of the Richfield Zoning Code.
Background
Mr. Mahood indicates in his letter that he and his wife desire to operate a retail store
at 7120 Chicago Avenue South, from which they would sell motorcycle parts,
accessories, and clothing. The customer base is expected to consist primarily of
persons who own touring motorcycles, drawn from the immediate Twin Cities Area.
The property at 7120 Chicago is located in a Neighborhood business (C-1) zoning
district.
Zoning Code Provisions
You question whether the proposed use is authorized in a C-1 district. The
permitted uses in a C-1 district include:
1. Uses intended for the supplying of a limited variety of commodities or
services primarily for the benefit of residents of the immediate
neighborhood, including local retail business or service establishment
such as grocery store, fruit or vegetable market, meat market, drug
store, barber shop, beauty parlor, clothes cleaning and dry good
pickup station, business or professional office -and similar uses.
(Zoning Code, Subsection 520.01,subd. 3)
C118S3504
RC160-5
MAY 20 '93 13:31 HOLMES & GRAVEN P.3
Shawn Drill
May 20, 1993
Page 2
2. Automobile detailing establishments. (Zoning Code, Subsection 520. 01,
subd. 5)
3. Certain food uses and uses permitted in residential districts, none of
which are relevant to this circumstance. (Zoning Code, Subsection
520.01, subd. 2 and 4)
4. Uses that are of the same general character as permitted uses but that
are not prohibited uses. (Zoning Code, Subsection 520.05)
The prohibited uses include :
1. Gasoline service stations, public garages, or similar activities. (Zoning
Code, Subsection 520.03)
i
2. Several enumerated uses that are determined not to be local service
businesses, including electrical appliance shop; plumbing and heating
shop; printing shop; furniture shop; etc. (Zoning Code, Subsection
520.03)
The permitted uses in a C-2 General Commercial district include "retail .stores and
shops . " (Zoning Code Subsection 620.15)
Analysis
The proposed use -- retail sale of motorcycle accessories and clothing -- is not
speeiffcs:lly listed as a prohibited or permitted use in the C-1 district. That use can
be permitted, therefore, only if the City Council determines that the proposed use
has the "same general character" as the enumerated local retail business uses . That
Council determination must be made pursuant to Subsection 505.11. Under that
section, when a proposed use does not come within any existing use classification,
the Council must determine the appropriate classification. In sum, the Council must
determine that the proposed use does not fall within any existing use classification
and that it is of the same general character as the enumerated local retail business
uses.
In my opinion, the applicant has not satisfied either of those criteria. The proposed
use -- retail sale of motorcycle accessories -- does fall within an existing classifica-
tion of "retail stores and shops" in the C-2 district. In addition, the type of retail
goods that would be sold and the expected geographic base of the store's customers
are both inconsistent with a "local retail business." The commodities are marketed
to a wider area than the immediate neighborhood and are not similar to groceries,
meats, or dry cleaning services. The general character of a motorcycle parts and
accessories Was use is more similar to the uses that are specifically prohibited in a
• C-1 sore, such as electrical appliance store. The sale of motorcycle accessories also
does not appear to be similar to automobile detailing, which is a service rather than
retail business.
OUS3504
RC160-5
r MAY 20 '93 13:32 HOLMES & GRAVEN. P.4 l
i
Shawn Drill
May 20, 1993
Page 3
Either John Dean or I will be available at the council meeting to answer any questions
regarding this opinion.
Sincerely,
! HOLMES & GRA'V'EN, CHARTERED
Corrine A. Heine
i
CAR53504
RC160-5
7
CITY OF 'RICHFIELD, MINNESOTA
Council Letter No. 155
Agenda May 24, 1993
Issue Statement:
Purchase in excess of $5,000 for a four-wheel drive (4WD)
articulated loader.
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.
The City of Richfield participates in a joint purchasing
agreement with Hennepin County. Hennepin County solicited bids
for 4WD articulated front-end loaders two ways: new machines with
a guaranteed maintenance warranty and guaranteed five year buy
back; and used machines (less than 500 hours of use) with full
guarantee identical to a new machine.
The garage motor pool has two old 4WD articulated loaders - a
1973 Cat 950 and a 1974 Cat 930. The larger machine (the 950) is
fully depreciated and due to be replaced in 1993. The smaller
unit (930) will.be fully depreciated in 1994. Staff is
. requesting replacement of the smaller machine because it has
never had enough power to plow properly with a plow and wing, and
is losing more power each year. This would allow use of the old
950 for alleys, parking lots and as a backup unit. The life of
the old 950 can possibly be extended by at least a couple of
extra years with this lighter duty.
City staff also asked that a trade-in price on Unit #207, a 1974
Caterpillar 930 wheel loader, bucket, hydraulic wing & 1-way plow
be included in the proposal for Richfield. Ziegler, Inc.
submitted the low bid for the piece of equipment desired as
follows:
New Used
Caterpillar 950F articulated 4WD loader $134,441 $120,947
2-way snow plow & hydraulic wing 24,998 24,998
Ride control 3,120 3,120
Less trade: 1974 Caterpillar 930 (27,000) (27,000)
w/plow & wing
Total (before tax) $135,559 $122,065
Recommended Motion:
Approve the purchase of a used Caterpillar 950F for $122,065 plus
sales tax of $7,934.23 for a total of $129,999.23 through
Hennepin County Contract No. 2623A3.
0
7-1
• Basis for Recommendation:
1. These loaders, as well as some other large pieces of
equipment, were put in the motor pool on a depreciation
schedule that is too long to be practical. An accelerated
program for replacing them began in 1989, and this would be a
continuation of that program.
2. The 930 loader has always been a little under-powered. A 950
is more suitable for heavy plowing.
3. Purchasing heavy equipment through the Hennepin County bid
process has proven to be a tremendous cost savings for the
City.
4. Ziegler, Inc. has proven to be a reliable vendor.
5. The approved 1993 garage capital outlay budget contains
$145,000 for this purchase.
Alternative Recommendation:
Council could reject the quotation from the Hennepin County bid
process and instruct staff to rebid; however, staff does not
believe a better price can be obtained for this equipment from a
reliable vendor.
• Discussion/Decision Mode:
Council could delay this decision for one meeting. Staff is
requesting approval at the May 24, 1993 regular Council meeting.
Respectfu y submitted,
James Prosser
City M ger
JDP:ds
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149
CITY OF RICHFIELD, MINNESOTA
Council-Letter No. 154
Agenda May 24, 1993
Issue Statement:
Consideration of an interim ordinance providing a moratorium on
establishing new parking areas in front, rear and side yards
for single and two family dwellings.
Background:
The City zoning ordinance currently does not regulate how much
.front, rear and side yard can be paved with stone, asphalt or
concrete for parking areas. The ordinance also does not
prohibit the number of cars that can be parked in front, rear
or side yards.
The City has recently received a number of complaints regarding
the expansion of paved parking areas in front yards and the
number of vehicles that are parked in these areas.
The purpose of this ordinance would be to provide a moratorium
on establishing new paved parking areas to provide an
opportunity for the City Planning Commission to determine if
there should be restrictions for paving these areas and
• restrictions on the number of vehicles that can be parked in
front, rear or side yards. The Planning Commission can also
determine, if appropriate, what restrictions should be in
place. This ordinance would not prohibit the continued use of
previously installed parking areas nor would the ordinance
restrict repair and maintenance of previously established
parking areas.
Recommended Motion:
Approve the interim ordinance providing for a moratorium on
establishing new parking areas in front, rear and side yards.
Basis for Recommendation:
1. The Council may want to provide a moratorium in order to
avoid establishing new parking areas which might conflict
with recommendations from the Planning Commission.
Alternative Recommendation:
1. The Council may decide to act on this item at a later time.
2. The Council may decide that it is not necessary to
establish an interim ordinance.
3. The Council may decide that there is not a need for an
interim ordinance and that there is not a need for the
. Planning Commission to consider regulations regarding
parking in front, rear and side yards.
??I
Discussion/Decision Mode:
This matter will be presented for consideration at the City
Council meeting"of May 24, 1993.
ly-kubmitted,
s D. Prosser
Manager
JDP:ds
40
6-?L
0
AN INTERIM ORDINANCE PROVIDING FOR A
MORATORIUM ON ESTABLISHMENT OF NEW PARKING AREAS
IN FRONT, REAR AND SIDE YARDS
FOR SINGLE FAMILY AND TWO FAMILY DWELLINGS
THE CITY COUNCIL OF THE CITY OF RICHFIELD ORDAINS:
ORDINANCE NO.
CITY OF RICHFIELD
Section 1. Background. The City's zoning ordinance
currently does not prohibit the use of front, rear or side yards
for offstreet parking for single family or two family dwellings.
The City Council has authorized a study to be conducted for the
purpose of considering an amendment to the City's zoning
ordinance regulating parking in such areas. Minnesota Statutes,
Section 462.355, subd. 4, allows the City to adopt an interim
ordinance restricting the use of property during the time that
such a study is ongoing. The City Council finds that in order to
protect the planning process it is necessary to adopt such an
interim ordinance.
Section 2. Restriction. During the time period that this
interim ordinance is in effect, no new offstreet parking shall be
allowed in the front, rear or side yards of property located in a
• single family residential zone or on property occupied by a
single family or two family dwelling unless such area has been
previously used for such parking and unless the area has been
previously surfaced as required by Section 800.13, subd. 6, of
the City Code. No new parking areas shall be approved by the
City for any such parking during the time period that this
ordinance is in effect.
Section 3. Variance. Variances from this interim ordinance
may be submitted to the City Council which shall follow the
standard set forth in Section 545.05, subd. 2, of the City's
zoning ordinance in determining whether to approve such a
request.
Section 4. Duration. This ordinance shall remain in effect
for a period of six months, unless it is otherwise extended by
the City Council.
Passed by the City Council of the City of Richfield,
Minnesota this 24th day of May, 1993.
0
ATTEST:
Martin J. Kirsch, Mayor
Thomas P. Ferber, City Clerk
61CLr nA r`--- --- MES ? GRAVEN P.2
4n R.ESOLUTION, NO -
)LUTION ESTABLISHING ADMINISTRATIVE
0?+ y oQ?. S s /a , Y6 TDARDS FOR NEW PARKING AREAS IN FRONT,
AND SIDE YARDS FOR SINGLE FAMILY AND TWO
FAMILY DWELLINGS AND PLACING A MORATORIUM ON
THE ESTABLISHMENT OF SUCH USES
WHEREAS, the City s zoning ordinance currently does not prohibit the use of
front, rear or iidt yarGa for off-street parking for single family or two family
dwelling,,-,
WHEREAS. the city council ha: authorized a study to be conducted for the
purpose of considering an amendment to the city's zoning ordinance regulating
parking in such areas .
WHEREAS, Minnesota Statures, § 462.355, st lod . 4, allows the city to adopt
a moratorium restricting `he use of property during the time that such a study is
ongoing.
WHEREAS, the city council finds that in order to protect the planning process
it is necessary to adopt such a moratorium.
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of
Richfield as follows :
1. The City staff is directed to conduct' a swdy,, to determine how off-
street parking should be regulated in front, rear, or side yards of
properties occupied by a single family or two family dwelling.
2. During the time period that the study is on-going the administrative
standards attached to this resolution are hereby adopted.
3. No new off-street parking shall be allowed in -the front, rear, or side
yards of property located in the single family residential zone or on
property occupied by a single family or two family dwelling unless such
area meets the standards attached to this nrdwaiaace or unless such area
has been previously used for si.Ach parkizlg and has been previously
surfaced as required by 5ectioii boo. 13, 5ut,a_ F of the city coae_
4. Val-lances from the administrative tandards may be submitted to the
city council, which shall folloTA, ttl.e standards set forth in Section
64i. 05, subd. 2 of the city`s zoriin orell-fance in determining whether
to approve such a request.
I's
JJT53627
Aciw-3
MAY 24 '93 55:27 HOLMES & GRAVEN P.3
Y v
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i
This resolution is effective immediately upon its adoption and shall remain in
effect for a period of six months, unless otherwise extended by the city council.
Martin j o Kirsch, Mayor
ATTEST
Thomas Ferber, City Clerk
•
JJT53627
RC260-3
?-y
CITY OF RICHFIELD
ADMINISTRATIVE STANDARDS
PRIVATE DRIVEWAYS, PARKING AREAS. AND SIDEWALKS
•
The administrative standards outlined below shall apply to private driveways, parking areas,
and sidewalks for single and two family dwellings.
STANDARDS:
1. All such driveways, parking areas, and sidewalks shall be setback no less than one foot
from any lot line abutting another residential property.
2. All such driveways, parking areas, and sidewalks shall be constructed with concrete,
asphalt, concrete pavers, or brick. .
3. The maximum driveway, parking area, and sidewalk coverage within the front yard area
shall comply with the following table:
Lot Width Maximum Coverage Within
the Front Yard Area
50 feet or less: 50%
51-60 feet: 48%
61-70 feet: 46%
71-80 feet: 44%
over 80 feet: 42%
4. Within the front yard, no more than three parking spaces shall be permitted. The area
between each garage stall and the street shall count as one parking space.
5. Driveways located within the boulevard are subject to the following requirements:
a) they shall not exceed 22 feet in width (curb cut radii excluded);
b) curb cut radii shall not be flared outward on the boulevard in such a way as to
encroach upon the boulevard of adjacent property;
c) on comer lots, driveways must be setback at least 40 feet from an intersection, as
measured from the point where the extended curb lines of the streets intersect; and
d) only one curb cut shall be permitted from a public street to an interior lot. A
comer lot may have one curb cut from each public street, provided the driveway
setback requirement in item c) above is met.
.7
ORDINANCE NO.
CITY OF RICHFIELD
AN INTERIM ORDINANCE PROVIDING FOR A
MORATORIUM ON ESTABLISHMENT OF NEW PARKING AREAS
IN FRONT, REAR AND SIDE YARDS
FOR SINGLE FAMILY AND TWO FAMILY DWELLINGS
THE CITY COUNCIL OF THE CITY OF RICHFIELD ORDAINS:
Section 1. Background. The City's zoning ordinance
currently does not prohibit the use of front, rear or side yards
for offstreet parking for single family or two family dwellings.
The City Council has authorized a study to be conducted for the
purpose of considering an amendment to the City's zoning
ordinance regulating parking in such areas. Minnesota Statutes,
Section 462.355, subd. 4, allows the City to adopt an interim
ordinance restricting the use of property during the time that
such a study is ongoing. The City Council finds that in order to
protect the planning process it is necessary to adopt such an
interim ordinance.
Section 2. Restriction. During the time period that this
interim ordinance is in effect, no new offstreet parking shall be
allowed in the front, rear or side yards of property located in a
single family residential zone or on property occupied by a
single family or two family dwelling unless such area has been
previously used for such parking and unless the area has been
• previously surfaced as required by Section 800.13, subd. 6, of
the City Code. No new parking areas shall be allowed in the City
for any such parking during the time period that this ordinance
is in effect, unless the parking area meets the administrative
standards established by the City Council by resolution.
Section 3. Variance. Variances from this interim ordinance
may be submitted to the City Council which shall follow the
standard set forth in Section 545.05, subd. 2, of the City's
zoning ordinance in determining whether to approve such a
request.
Section 4. Duration. This ordinance shall remain in effect
for a period of six months, unless it is otherwise extended by
the City Council.
Passed by the City Council of the City of Richfield,
Minnesota this 24th day of May, 1993.
ATTEST:
Martin J. Kirsch, Mayor
Thomas P. Ferber, City Clerk
• RESOLUTION NO. 8019
RESOLUTION ESTABLISHING ADMINISTRATIVE STANDARDS
FOR NEW PARKING AREAS IN FRONT YARDS
FOR SINGLE FAMILY AND TWO FAMILY DWELLINGS
AND PLACING A MORATORIUM ON THE ESTABLISHMENT OF SUCH USES
WHEREAS, the City's zoning ordinance currently does not
prohibit the use of front, rear or side yards for offstreet
parking for single family or two family dwellings; and
WHEREAS, the City Council has authorized a study to be
conducted for the purpose of considering an amendment to the
City's zoning ordinance regulating parking in such areas; and
WHEREAS, Minnesota Statutes, Section 462.355, subd. 4,
allows the City to adopt a moratorium restricting the use of
property during the time that such a study is ongoing; and
WHEREAS, the City Council finds that in order to protect the
planning process it is necessary to adopt such a moratorium.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Richfield as follows:
• 1. The City staff is directed to conduct a study to
determine how offstreet parking should be regulated in
front yards of properties occupied by a single family or
two family dwelling.
2. During the time period that the study in ongoing, the
administrative standards attached to this resolution are
hereby adopted.
3. No new offstreet parking shall be allowed in the front
yards of property located in the single family
residential zone or on property occupied by a single
family or two family dwelling unless such area meets the
standards attached to this resolution or unless such
area has been previously used for such parking and has
been previously surfaced as required by Section 800.13,
subd. 6 of the City Code.
4. Variances from the administrative standards may be
submitted to the City Council, which shall follow the
standards set forth in Section 545.05, subd. 2 of the
City's zoning ordinance in determining whether to
approve such a request.
This resolution is effective immediately upon its adoption
and shall remain in effect for a period of six months, unless
• otherwise extended by the City Council.
Passed by the City Council of the City of Richfield,
Minnesota this 24th day of May, 1993.
Martin J. Kirsch, Mayor
ATTEST:
Thomas P. Ferber, City Cl
0
0
CITY OF RICHFIELD
ADMINISTRATIVE STANDARDS
PRIVATE DRIVEWAYS, PARKING AREAS, AND SIDEWALKS
n
U
The administrative standards outlined below shall apply to private driveways, parking areas,
and sidewalks for single and two family dwellings.
For the purpose of interpreting these administrative standards, 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 building.
STANDARDS:
1. All such driveways, parking areas, and sidewalks shall be setback no less than one foot
from any lot line abutting another residential property.
2. All such driveways, parking areas, and sidewalks shall be constructed with concrete,
asphalt, concrete pavers, or brick.
3. The maximum driveway, parking area, and sidewalk coverage within the front yard area
shall comply with the following table:
Lot Width Maximum Coverage Within
the Front Yard Area
50 feet or less: 50%
51-60 feet: 48%
61-70 feet: 46%
71-80 feet: 44%
over 80 feet: 42%
4. 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.
5. Driveways located within the boulevard are subject to the following requirements:
a) they shall not exceed 22 feet in width (curb cut radii excluded);
b) curb cut radii shall not be flared outward on the boulevard in such a way as to
encroach upon the boulevard of adjacent property;
c) on corner lots, driveways must be setback at least 40 feet from an intersection, as
measured from the point where the extended curb lines of the streets intersect; and
d) only one curb cut shall be permitted from a public street to an interior lot. A
comer lot may have one curb cut from each public street, provided the driveway
setback requirement in item c) above is met.
TRANSITORY ORDINANCE NO.
CITY OF RICHFIELD
AN INTERIM ORDINANCE PROVIDING FOR A
MORATORIUM ON ESTABLISHMENT OF NEW PARKING AREAS
IN FRONT YARDS FOR SINGLE FAMILY AND TWO FAMILY DWELLINGS
THE CITY COUNCIL OF THE CITY OF RICHFIELD ORDAINS:
Section 1. Background. The City's zoning ordinance
currently does not prohibit the use of front,'rear or side yards
for offstreet parking for single family or two family dwellings.
The City Council has authorized a study to be conducted for the
purpose of considering an amendment to the. City's zoning
ordinance regulating parking in such areas. Minnesota Statutes,
Section 462.355, subd. 4, allows the City to adopt an interim
ordinance restricting the use of property during the time that
such a study is ongoing. The City Council finds that in order to
protect the planning process it is necessary to adopt such an
interim ordinance.
Section 2. Restriction. During the time period that this
interim ordinance is in effect, no new offstreet parking shall be
allowed in the front yards of property located in a single family
residential zone or on property occupied by a single family or
• two family dwelling unless such area has been previously used for
such parking and unless the area has been previously surfaced as
required by Section 800.13, subd. 6, of the City Code. No new
parking areas in the front yards of a property shall be allowed
in the City for any such parking during the time period that this
ordinance is in effect, unless the parking area meets the
administrative standards established by the City Council by
resolution.
Section 3. Variance. Variances from this interim ordinance
may be submitted to the City Council which shall follow the
standard set forth in Section 545.05, subd. 2, of the City's
zoning ordinance in determining whether to approve such a
request.
Section 4. Duration. This ordinance shall remain in effect
for a period of six months, unless it is otherwise extended by
the City Council.
Passed by the City Council of the City of Richfield,
Minnesota this th day of , 1993.
ATTEST:
Martin J. Kirsch, Mayor
Thomas P. Ferber, City Clerk
5
• CITY OF RICHFIELD, MINNESOTA
Council Letter No. 153
Agenda May 24, 1993
Issue Statement:
Public hearing and second reading of the transitory ordinance
providing funding for certain capital improvements from the
Special Revenue Fund.
Background:
At the February 22, 1993 City Council meeting, the City Council
authorized $500,000 of Special Revenue Funds for redevelopment of
Nicollet Park in 1993. The 1993 Capital Improvement Proposed
Budget provided recommendations for expenditure for all types of
funds contained in the budget document including county funds,
donations, municipal state aid, user fees, state grants, tax
increment financing and special revenue.
While the total proposed 1993 CIB includes total budgeted
expenditures of $16,191,150, the portion of the CIB concerning
proposed funding from the Special Revenue Fund is now slated at
$500,000. The allocation of the $500,000 is outlined below:
Park Improvement - Nicollet Park $500,000
TOTAL $500,000
• A transitory ordinance is necessary to finalize these
appropriations pursuant to City Charter. Charter Section 7.12,
Subdivision 2 allows expenditures for capital improvements from
the Special Revenue Fund only by ordinance.
First reading of the ordinance was approved on April 26, 1993 and
a notice of public hearing was published on May 12, 1993.
Recommended Motion:
Conduct a public hearing and second reading of the attached
transitory ordinance providing for the expenditure of funds from
the Special Revenue Fund for certain capital improvements.
Basis of Recommendation:
1. On February 22, 1993, the City Council authorized an
expenditure of $500,000 of Special Revenue Funds for the
redevelopment of Nicollet Park in 1993.
2. On April 24, 1993, first reading of the transitory ordinance
was approved.
3. Under Section 3.09 of the City Charter, a transitory
ordinance becomes effective 30 days after publication of the
second hearing notice. The ordinance requirements must be
completed early enough in 1993 so that the capital projects
can be initiated on a timely basis, completed and the funds
expended.
5-1
Alternative Recommendation:
1. The City Council could continue the public hearing and second
reading of the transitory ordinance to a future City Council
meeting.
2. The City Council could decide to authorize none or only a
portion of the expenditures identified from special revenues
in the CIB.
Discussion/Decision Mode:
In order to proceed with improvements approved on a timely basis,
second reading approval of this transitory ordinance would be
desirable on May 24, 1993.
RespectfRlly submitted,
Ci
JDP:ds
•
. Prosser
0
6-0-.-
BILL NO.
TRANSITORY ORDINANCE NO.
AN ORDINANCE PROVIDING FOR THE EXPENDITURE OF MONEY FROM
THE SPECIAL REVENUE FUND FORCERTAIN CAPITAL IMPROVEMENTS
THE CITY OF RICHFIELD DOES ORDAIN:
Section 1: It is found and determined to be necessary and
expedient for the City to expend money from the Special Revenue
Fund for the making of capital improvements listed in Section 2
hereof, for which the City would be authorized to issue general
obligation bonds.
Section 2: The capital improvements and amounts of expenditures
for such improvements which are authorized to be paid from the
Special Revenue Fund under Section 7.12, Subdivision 2 of the
City Charter, are as follows:
Park Improvement - Nicollet Park $500,000
TOTAL $500,000
Section 3: The expenditures herein authorized shall be made
pursuant to such contracts as are authorized from time to time by
Council action.
•
Passed by the City Council of the City of Richfield this 24th day
of May, 1993.
Martin J. Kirsch Mayor
ATTEST:
Thomas P. Ferber City Clerk
0
y
CITY OF RICHFIELD, MINNESOTA
Council Letter No. 152
40 Agenda May 24, 1993
Issue Statement:
Request for a conditional use permit to allow a Montessori pre-
school/daycare center at 6345 Xerxes Avenue.
Background:
Applicant is requesting a conditional use permit to operate a
Montessori preschool and daycare center in the United Methodist
Church of Peace building at 6345 Xerxes Avenue. The building
located north of the main church building was originally designed
for this type of use. All code and operational requirements have
been met.
Recommended Motion:
Approve the conditional use permit for a Montessori preschool and
daycare center.
Basis of Recommendation:
1. The Planning Commission unanimously recommended approval at its
meeting on April 27, 1993.
2. Operational features include:
? Hours of operation from 6:30 a.m. until 6:00 p.m.
• ? Initial enrollment of 15 children increasing over time to 55.
? Fenced in play area.
? Provision of cold meals for the children.
? Adequate parking of 90 spaces.
? Drop off site at east entrance.
? Two way auto circulation including Xerxes and Washburn
Avenues.
3. The proposed use is consistent with the intended use of the
property and would be a welcome addition to the community.
Alternative Recommendation:
Deny the request for a conditional use permit with a finding of
fact that the requirements for allowing a conditional use permit
are not met.
Discussion/Decision Mode:
A public hearing is scheduled for 7:00 p.m. on Monday, May 24,
1993. The hearing will be held in the City Council Chambers of
Richfield City Hall, 6700 Portland Avenue. Notice of hearing was
published in the Sun-Current and mailed to property owners within
350 feet of the subject property.
Respectf lly submitted,
Jam s D. Prosser
Cit anager
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0 CITY OF RICHFIELD MINNESOTA
Council Letter No. 151
Agenda May 24, 1993
Issue Statement:
Application for•lawful gambling license for Church of the
Assumption of Richfield, 305 East 77th Street.
Background:
On May 19, 1993, Church of the Assumption submitted an
application for renewal of their lawful gambling license. The
application requests renewal for their bingo and pulltab
operations.
The applicant is proposing to conduct bingo on Saturday evening
from 7 p.m. to 10 p.m. The pulltabs would be conducted in
conjunction with the bingo operation.
The Public Safety Department has conducted the required
background investigation and has determined that the applicant
has complied with all requirements. In addition, the gambling
manager, Ms. Ila Rasmussen, has no known criminal record.
Finally, the applicant is requesting that the $100 investigation
fee be waived.
• Richfield City Code 1100.13 requires the Public Safety Department
to review the request for the gambling license and make its
review and recommendation to the City Council.
Recommended Motion:
Staff recommends that the Council pass a resolution approving the
gambling activity requested by the applicant inaccordance with
Richfield City Code 1100.13, subd. 6.
Staff further recommends that the Council waive the investigation
fee.
Basis for Recommendation:
1. The applicant has complied with the State Statutes and City
Code pertaining to lawful gambling.
2. The applicant has submitted the request within 60 days of the
renewal of the license.
3. The applicant has demonstrated that the gambling activity
requested is a benefit to the community.
Alternative Recommendation:
1. The Council could pass a resolution specifically disapproving
the renewal request, however, staff has determined that there
is no basis for this alternative.
2. The Council could decide to not waive the investigative fee.
3G1
• Discussion/Decision Mode:
Approve the renewal of Church of the Assumption of. Richfield's
lawful gambling application and a request for waiver of the
investigative fee.
lly submitted,
RespeYnager
James Prosser
City JDP:ds
LJ
0
5&a-
RESOLUTION NO.
A RESOLUTION GRANTING APPROVAL FOR
THE CHURCH OF THE ASSUMPTION OF RICHFIELD
WHEREAS, the Church of the Assumption has submitted an
application for renewal of their lawful gambling license; and
WHEREAS, the application request renewal for their bingo and
pulltab operations; and
WHEREAS, Minnesota State Statute Section 349.213 provides
authority for review of applications by local authorities; and
WHEREAS, Section 1100.13 of the Richfield City code provides
for regulation of lawful gambling; and
WHEREAS, the Department of Public Safety has completed an
investigation of the application and finds the application to be
in order;
NOW, THEREFORE, BE IT.RESOLVED by the City Council of the
City of Richfield, Minnesota, as follows:
1. That a lawful gambling license be granted to the Church
• of the Assumption, 305 East 77th Street.
2. That the investigation fee be waived.
Passed by the City Council of the City of Richfield,
Minnesota this 24th day of May, 1993.
Martin J. Kirsch, Mayor
Thomas P. Ferber, City Clerk
n
U
CITY OF RICHFIELD, MINNESOTA
Council Letter No. 150
Agenda May 24, 1993
Issue Statement:
Resolutions voiding Minnesota Department of Transportation Agreement
No's. 53060M and 1069 relating to street light maintenance.
Background:
In 1961, Richfield entered into an agreement (No. 53060M) with the
Minnesota Department of Transportation (MnDOT) which assigned
responsibility for maintenance of ten 400 watt mercury vapor lighting
units on Trunk Highway 36 (formerly Cedar Avenue, now T.H. 77) to
Richfield. Resolution No. 2469 authorized execution of the
agreement. MnDOT has now requested that the agreement be voided as
it is no longer valid due to the highway construction project (T.H..
77). Four of the lights have been wired into a state feed unit, and
the remaining five are now located on MnDOT right-of-way. The tenth
light was previously removed.
In 1964, Richfield entered into Agreement No. 1069 with MnDOT for
maintenance of four 400 watt mercury vapor lighting units at the
intersection of Trunk Highway 36 (now T.H. 77) and 63rd Street.
Resolution No. 3203 authorized execution of this agreement. MnDOT
has requested that this agreement also be voided because of the
location of the lights; they should be fully responsible for these
lights, too.
• Recommended Motion:
Approve the resolution voiding Agreement No. 53060M in a request
dated March 15, 1993 by MnDOT and according to its terms; and approve
the resolution voiding Agreement No. 1069 in a request dated April
28, 1993 by MnDOT and according to its terms, transferring the
responsibility for maintenance of these fixtures back to MnDOT.
Basis for Recommendation:
1. The agreements are no longer valid due to the T.H.77 construction
project and because of location status.
2. This action has been requested by the Minnesota Department of
Transportation.
Alternative Recommendation:
None.
Discussion/Decision Mode:
Staff is requesting approval of the resolutions at the May 24, 1993
Council meeting.
Res fully submitted,
• Jam D. Prosser
Cit Manager
JDP:ds
Attachments
36-?
• RESOLUTION NO.
RESOLUTION VOIDING MINNESOTA DEPARTMENT OF TRANSPORTATION
AGREEMENT NO. 53060M PERTAINING TO MAINTENANCE OF STREET LIGHTS
ON TRUNK HIGHWAY 77 BETWEEN EAST 72nd STREET AND EAST 66th STREET
WHEREAS, the City of Richfield authorized execution of an
agreement with the Minnesota Department of Transportation on June
12, 1961 by Resolution No. 2469 accepting responsibility for
maintenance of ten mercury vapor street lighting units on Trunk
Highway #36 (Cedar Avenue) to the City; and
WHEREAS, said Agreement is no longer valid due to the
highway construction project which is Trunk Highway #77; and
•
WHEREAS, in a letter dated March 15, 1993, MnDOT has
requested that Agreement No. 53060M be voided.
NOW, THEREFORE, BE IT RESOLVED that MnDOT Agreement No.
53060M is hereby voided pursuant to MnDOT requested dated March
15, 1993 and according to its terms.
Passed by the City Council of the City of Richfield this
24th day of May, 1993.
Martin J. Kirsch, Mayor
ATTEST:
Thomas P. Ferber, City Clerk
0
?c;2-
• RESOLUTION NO.
RESOLUTION VOIDING MINNESOTA DEPARTMENT OF TRANSPORTATION
AGREEMENT NO. 1069 PERTAINING TO MAINTENANCE OF STREET LIGHTS ON
TRUNK HIGHWAY 77 AT 63rd STREET.
WHEREAS, the City of Richfield authorized execution of an
agreement with the Minnesota Department of Transportation on
April 27, 1964 by Resolution No. 3203 accepting responsibility
for maintenance of four mercury vapor street lighting units on
Trunk Highway #36 (Cedar Avenue) and 63rd Street to the City; and
WHEREAS, said Agreement is no longer valid due to the
highway construction project which is Trunk Highway #77; and
WHEREAS, in a letter dated April 28, 1993, MnDOT has
requested that Agreement No. 1069 be voided.
NOW, THEREFORE, BE.IT RESOLVED that MnDOT Agreement No. 1069
is hereby voided pursuant to MnDOT requested dated April 28, 1993
and according to its terms.
Passed by the City Council of the City of Richfield this
24th day of May, 1993.
Martin J. Kirsch, Mayor
ATTEST:
Thomas P. Ferber, City Clerk
0
A /I
0
CITY OF RICHFIELD, MINNESOTA
Council Letter No.149
Agenda May 24, 1993
Issue Statement:
City Council resolution appointing a representative to the
Richfield Tourism Promotion Board.
Background:
On June 25, 1990, the City Council approved the ordinance to levy
a 3% tax on gross receipts of lodging from Richfield hotels and
motels pursuant to Minnesota Statutes. The establishment of the
Richfield Tourism Promotion Board and the appointment of three
directors was also a part of that resolution.
On January 25, 1993, the City Council reappointed the three
members of the Tourism Board. The Tourism Board appointees and
their terms were as follows:
1. Larry Zielke, Attorney, representing the Richfield Chamber of
Commerce; reappointed to a one year term ending December 31,
1993.
2. William Brusman, Vice President of Realty Management
Services, Inc., representing the Hampton Inn; reappointed to
a three year term ending December 31, 1995.
3. George Otterson, Area Manager for Motel 6, replacing Charles
Davis who is no longer with Motel 6; appointed to a two year
term ending December 31, 1994.
One of the appointees, George Otterson, who represents Motel 6,
has asked that he be replaced on the Tourism Board by James B.
Greenlee. Mr. Greenlee has recently been hired by Motel 6 to
serve as the Area Manager of Motel 6 operations in this area. He
will be moving to the Twin Cities within the next few weeks and
will reside here in order to be closer to the area Motel 6
operations. Mr. Otterson will continue to reside in the Chicago
area.
Mr. Otterson and Mr. Greenlee both met with the Tourism Board on
April 30, 1993 and expressed an interest in having Motel 6 become
a more active participant in the Tourism Board. Motel 6 will now
have a representative in the metro area and will be in a position
to become much more active in the Board and community matters.
Recommended Motion:
Adopt the attached resolution appointing James Greenlee to
replace George Otterson as the Motel 6 representative to the
Richfield Tourism Promotion Board.
3A-1
Basis for Recommendation:
1. The City Council has the authority'to make appointments to
the Richfield Tourism Promotion Board.
2. Mr. Otterson, the representative from Motel 6, has asked to
be replaced with Mr. Greenlee.
3. The Tourism Board has, since its inception, included a
representative of Motel 6.
Alternate Recommendation:
1. The City Council could retain Mr. Otterson as the Motel 6
representative from Motel 6.
2. The City Council could seek another representative from Motel
6.
Discussion/Decision Mode:
It is suggested that the City Council make the appointment of Mr.
Greenlee at the May 24, 1993 Council meeting so that Mr. Greenlee
may begin participating in Board activities as soon as possible.
0
JDP:ds
Re ct ully submitted,
Ja D. Prosser
Ci Manager
9
3A-a-
0 RESOLUTION NO.
RESOLUTION APPOINTING A REPRESENTATIVE TO THE BOARD OF DIRECTORS
TO THE RICHFIELD TOURISM PROMOTION BOARD, INC.
WHEREAS, the City of Richfield has levied a 3% tax on the
gross receipts of lodging from hotels and motels in the City
pursuant to Minnesota Statute Section 169.190; and
WHEREAS, Minnesota Statute Section 169.190 authorizes the
proceeds of the tax to fund a Tourism Promotion Board for the
purpose of marketing and promoting the City as a tourist or
convention center; and
WHEREAS, the articles and bylaws of the Richfield Tourism
Promotion Board provide the City Council of the City of Richfield
appoint three directors to the Board representing the Hampton Inn,
Motel 6 and the Richfield Chamber of Commerce; and
WHEREAS, the term of each director be three years, provided
that the first director named in the Articles of Incorporation
shall serve for a term of one year, and the second director so
named shall serve for a term of two years and the third director so
named shall serve for a term of three years; and
WHEREAS, each director shall serve as a director until his or
• her successor has been appointed and has qualified, or until his or
her earlier disqualification, death, resignation or removal; and
WHEREAS, George Otterson, the Regional Vice President for
Motel 6, is no longer available to serve on the Board and has
requested that James Greenlee, Area Manager for Motel 6, replace
Mr. Otterson.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City
of Richfield, Minnesota, that the Richfield Tourism Promotion Board
directors be modified as follows:
1. Accept the resignation of George Otterson, Regional Manager for
Motel 6, serving a term of two years; and
2. Appoint James Greenlee, Area Manager of Motel 6, to the
Richfield Tourism Promotion Board to fill Mr. Otterson's term.
Adopted by the City Council of the City of Richfield,
Minnesota this 24th day of May, 1993.
Martin J. Kirsch, Mayor
ATTEST:
Thomas P. Ferber, City Clerk