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11-8-93 agenda1? CITY OF RICHFIELD, MINNESOTA MONDAY, NOVEMBER 8, 1993 REGULAR CITY COUNCIL MEETING 7:00 P.M. COUNCIL CHAMBERS AGENDA INTRODUCTORY PROCEEDINGS • CALL TO ORDER PLEDGE-OF ALLEGIANCE APPROVAL OF MINUTES OF THE (1) REGULAR CITY COUNCIL MEETING OF OCTOBER 25, 1993 AND (2) CITY COUNCIL STUDY SESSION OF NOVEMBER 1, 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 AUTHORIZING PURCHASE OF 7642-44 OAKLAND AVENUE; 77TH STREET PROJECT C.L. 305 B. CONSIDERATION OF APPROVAL OF SETTING DECEMBER 13, 1993 AS DATE FOR PUBLIC HEARINGS FOR RENEWAL OF ON-SALE LIQUOR LICENSES C.L. 306 C. CONSIDERATION OF APPROVAL OF SETTING DECEMBER 13, 1993 AS DATE FOR PUBLIC HEARINGS FOR RENEWAL OF WINE LICENSES C.L. 307 D. CONSIDERATION OF APPROVAL OF SETTING DECEMBER 13, 1993 AS DATE FOR PUBLIC HEARINGS FOR RENEWAL OF PAWNBROKER AND SECONDHAND GOODS LICENSES C.L. 308 8. PUBLIC HEARING AND SECOND READING OF ORDINANCE AMENDMENT TO CLASSIFY PAWN OPERATIONS AND SECONDHAND GOODS OPERATIONS WHICH REQUIRE LICENSE UNDER SECTION 1186 OF CITY CODE, CURRENCY EXCHANGES, AUCTION HOUSES, AND CONSIGNMENT AUCTION HOUSES AS CONDITIONAL USES IN GENERAL COMMERCIAL AND INDUSTRIAL DISTRICTS COUNCIL LETTER NO. 318 PROPOSED ORDINANCE 9. CONSIDERATION OF FIRST READING OF ORDINANCE AMENDMENT TO REZONE THE FOLLOWING MULTIPLE RESIDENCE PROPERTIES: 1) 6615 ELLIOT AVENUE, 6614 AND 6615 10TH AVENUES, AND 6614 11TH AVENUE TO SINGLE FAMILY; 2) 901 EAST 66TH STREET AND 6600 10TH AVENUE TO MULTI-FAMILY; AND 3) SMALL PARCEL OF.LAND WITHIN VETERANS MEMORIAL PARK (AT 64TH AND PORTLAND) TO SINGLE FAMILY COUNCIL LETTER NO. 315 ADMINISTRATIVE REPORTS & OTHER BUSINESS 10. CONSIDERATION OF JOINT AND COOPERATIVE AGREEMENT FOR HIGH SPEED BUS PLANNING COUNCIL LETTER NO. 316 • AIRPORT BUSINESS 11. AIRPORT STATUS REPORT 77TH STREET PROJECT BUSINESS 12. 77TH STREET PROJECT STATUS REPORT 13. LEGISLATIVE REPORT COUNCIL CHOICE 14. COUNCIL DISCUSSION ITEMS 15. 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. 1D CITY OF RICHFIELD, MINNESOTA • Council Letter No. 316 Agenda November 8, 1993 Issue Statement: Consideration of a joint and cooperative agreement for high speed bus planning. Background: The City Council has previously high speed bus planning study. for high speed bus planning has defines how the planning effort was prepared by City Attorney G authorized participation in the A joint and cooperative agreement been prepared. The agreement will be managed. The agreement Orrin Heine. Recommended Motion: 1. Authorize the Mayor and City Manager to execute the joint and cooperative agreement for high speed bus planning. 2. In accord with the agreement, designate City Manager Jim Prosser as Director and Don Fondrick as alternate Director. Basis for Recommendation: 1. The agreement provides a basis for managing the high speed bus planning effort. • Alternative Recommendation: 1. The Council may decide not to approve the agreement. 2. The Council may decide to recommend changes to the agreement. Discussion/Decision Mode: This matter will be presented for discussion at the November 8, 1993 City Council meeting. Respectfully submitted, Jam Prosser Cit a ages JDP:ds a 0 if JOINT AND COOPERATIVE AGREEMENT FOR HIGH SPEED BUS PLANNING The parties to this agreement are governmental units of the State of-Minnesota. This agreement is made and entered into pursuant to Minnesota Statutes, Section 471.59. ARTICLE 1. GENERAL PURPOSE The general purpose of this agreement is to create an organization by which the parties may jointly and cooperatively develop and conduct a study of the use of high speed buses as a mass transit system. ARTICLE 2. DEFINITIONS Section 1. For purposes of this agreement the terms defined in this Article have the meanings given them. Section 2. "Agreement" means this agreement. Section 3. "Committee" means the steering committee created by Article 4. Section 4. "Governing body" means the city council, county board of commissioners, joint powers board of directors, or other • governing body of a member. Section 5. "Governmental unit" means a home rule city, a statutory city, a county, a political subdivision, a department or agency of the State of Minnesota, or any joint powers entity created pursuant to Minnesota Statutes, Section 471.59. Section 6. "Member" means a governmental unit which is a party to this agreement and is in compliance with and in good standing under this agreement. Section 7. "High Speed Bus Coalition (HSBC)" means the organization established by this agreement. ARTICLE 3. MEMBERSHIP Section 1. Any governmental unit is eligible to be a member of HSBC. Section 2. The,initial members of HSBC are Dakota County, the Minnesota Valley Transit Authority (a joint powers entity consist- ing of the cities of'Apple Valley, Burnsville, Eagan, Prior Lake, Rosemount and Savage) and the cities of Bloomington, Edina, Lakeville, and Richfield. is Section 3. A governmental unit other than initial members desiring to be a member of HSBC may do so by executing and CAR60414 RC160-2 1 I C)-,;L- delivering a copy of this agreement and complying with its terms. The 'Committee must, approve or disapprove the admission of a governmental unit. The Committee may impose reasonable conditions on the admission of members and shall determine the initial financial contribution of a member at the time that membership is approved. ARTICLE 4. STEERING COMMITTEE Section 1.- The governing body of HSBC is its steering committee. A member must appoint one director to the Committee, except that the.Minnesota Valley Transit Authority may appoint two directors to the Committee. A director has one vote, except that the director(s) for the Minnesota Valley Transit Authority (or any other similar joint powers entity) shall share a total number of votes equal to the number of cities, counties, or political subdivisions that comprise the joint powers entity. A member may appoint an alternate director for each director appointed by that member. The alternate director may attend meetings of the Committee and vote in the absence of that member's director. Section 2. Directors are appointed by motion or resolution of the governing body of a member. The governing body must notify the Committee co-chairs of the name and address of the director and must provide the co-chairs with a copy of the resolution or minutes of the motion appointing the director. Section 3. Directors shall serve for an indefinite term, until their respective successors are appointed and qualified. Section 4. A director may be removed from the Committee at any time, with or without cause, by motion or resolution of the governing body making the.appointment. The resolution or minutes of the motion removing the director must be filed with the Committee co-chairs. Section 5. A Vacancy on the Committee is filled in the same manner that an appointment of a 'director is made. Section 6. Directors may not vote by proxy. Section 7. A director may not vote if the Committee deter- mines that the member represented by the director is not in compliance with this agreement or if the director has been removed from the Committee. ARTICLE 5. MEETINGS. Section 1. The directors of the initial members must conduct an organizational meeting no later than 30 days after the effective date of this agreement. At the organizational meeting, or as soon thereafter as is reasonably possible, the Committee must elect its -co-chairs and adopt such procedures governing the conduct of its meetings and its business as it deems appropriate. CAH60414 RC160-2 2 lo--3. Section 2. All meetings of the Committee shall be conducted in compliance with the Minnesota Open Meetings Law, Minnesota Statutes, Section 471.705. ARTICLE 6. COMMITTEE CO-CHAIRS Section 1. The Committee must elect two co-chairs at the organizational meeting, who shall serve for an indefinite term at the pleasure of the Committee. Section 2. The co-chairs shall preside at meetings of the Committee and are responsible for records of proceedings of the Committee, the funds and financial records of the Committee, and such other matters as may be delegated to the co-chairs by the Committee. Section 3. At least one co-chair must sign any request to the HSBC's financial agent for disbursement of HSBC funds.. ARTICLE 7. POWERS AND DUTIES Section 1. The Committee may take such actions as it deems necessary and convenient to accomplish the general purposes of this agreement. Section 2. The Committee may: • a. enter into contracts to carry out its powers and duties, provided that the Committee may not incur any finan- cial obligations in excess of funds in its possession; b. accept gifts, apply for and use grants or loans of money or other property from the State of Minnesota, the United States of America, and from other governmental units or private organizations and may enter into agreements in connection therewith and hold, use and dispose of such money or property in accordance with the terms of the gift, grant, loan or agreement relating thereto; and c. conduct research in high speed bus and other. mass transit systems. Section 3. The Committee may not: a. purchase, hold or dispose of real property; b. hire,any employees; C, prosecute, defend, or participate in any legal actions, except as specifically authorized by vote of a majority of the members. CAS60414 3 RC160-2 ARTICLE 8. FINANCIAL MATTERS • Section 1. The Committee shall designate a member to be the financial agent for the HSBC. The financial agent shall receive and disburse HSBC funds at the direction of the Committee. The financial agent must establish a separate account in which HSBC funds are segregated from the agent's funds, and the financial agent shall provide reports of HSBC account activities upon request of the Committee or the governing body of any member. All payments required by this agreement to be made to the HSBC shall be made payable to the financial agent and shall indicate that the payment is made for the benefit of HSBC. Section 2. Each member of the HSBC shall make an initial contribution of $7,500 to the HSBC within 30 days after the effective date of this agreement, except that the Minnesota Valley Transit Adthority shall make an initial contribution of $20,000. A subsequent member of the HSBC shall make an initial contribution in an amount fixed by the Committee pursuant to Article 3, Section 3, but not less than $7,500. Section 2. Any member may make additional contributions in any amount at any time during the term of this agreement. Section 3. Operational costs shall be shared proportionate to the cumulative contribution of each member. is ARTICLE 9. WITHDRAWAL Section 1. A member may withdraw from the HSBC at any time by giving notice to the co-chairs. The notice shall be accompanied by a certified copy of a resolution adopted by the governing body of that member authorizing its withdrawal from membership. The withdrawal is effective on the date specified in the notice of withdrawal. Section 2. The withdrawal-of a member does not affect that member's obligation to pay its initial contribution. No refund of any portion of a member's cumulative contribution shall-be paid to a withdrawing member. ARTICLE 10. DISSOLUTION Section 1. HSBC may be dissolved by a two-thirds vote of HSBC members in good standing. Section 2. In the event of a dissolution, the Committee must determine the measures necessary to effect the dissolution and must provide for the taking of such measures as promptly as circumstanc- es permit, subject to the provisions of this agreement and law: Section 3. In the event of dissolution, following the payment of all outstanding obligations, assets of the HSBC will be distributed among the then-existing members in direct proportion to CAS60414 RC160-2 4 their cumulative contributions. If the.outstanding obligations exceed the assets of the HSBC, the net deficit of the HSBC will be charged to and paid by the then-existing members in direct proportion to their cumulative membership contributions. . ARTICLE 11. EFFECTIVE DATE; DURATION Section 1. This agreement continues in effect indefinitely unless terminated in accordance with its terms. This agreement is effective on the day when an executed copy of this agreement has been filed by every initial member with the City Clerk of the City of Richfield. IN WITNESS WHEREOF, the undersigned governmental unit has caused this agreement to be executed by its duly authorized officers and delivered on its behalf. GOVERNMENTAL. UNIT: By Its • Received the City day • and filed by of Richfield of this _, 199. By Its CAH60414 RC160-2 5 y CITY OF RICHFIELD, MINNESOTA Council Letter No. 315 Agenda November 8, 1993 Issue Statement: First reading consideration of an ordinance amendment to rezone the following MR (multiple residence) properties: 1) rezone,6615 Elliot Avenue, 6614 and 6615-10th Avenues, and 6614-11th Avenue to R (single family residence); 2) rezone 901 East 66th Street and 6600-10th Avenue to MR-2; and 3) rezone a small parcel of land within Veterans Memorial Park (at 64th and Portland) to R. Background: Staff is reviewing the zoning ordinance for revision and update. Initial analysis indicates that the MR district is not effective because its provisions 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 about 45 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 designations for the subject parcels are consistent with existing land use. Recommended Motion: Approve first reading of an amendment rezoning 6615 Elliot Avenue, 6614 and 6615-10th Avenues, and 6614-11th Avenue from MR to R, rezoning 901 East 66th Street and 6600-10th Avenue from MR to MR-2, and rezoning a small parcel of land within Veterans Memorial Park from MR to R; and set a second reading and public hearing for December 13, 1993. 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. • 4. The proposed R zoning is most appropriate for the existing single family uses at 6615 Elliot Avenue, 6614 & 6615-10th Avenues, and 6614-11th Avenue, while offering proper regulatory control for present and future land uses. 5. The proposed MR-2 zoning is most appropriate for the existing 11 unit apartment use at 901 East 66th Street, and would ensure that higher density development (as allowed under the MR provisions) does not occur. 6. The proposed MR-2 zoning is most appropriate for the existing 12 unit apartment use at 6600-10th Avenue, and would ensure that higher density development (as allowed under the MR provisions) does not occur. 7. The proposed R zoning is most appropriate for the park land use at Veterans Memorial Park, and would eliminate an inconsistent spot zone of MR. 8. On October 26, 1993, the Planning Commission voted . unanimously to recommend approval of the rezoning. Alternative Recommendation: Deny this rezoning at first reading. • Discussion/Decision Mode: First reading is set for November hearing and second reading will be JDP:ds 8, 1993. If approved, a public held on December 13, 1993. City ly submitted, Prosser 0 Bill No. 1993- AMENDMENT TO APPENDIX I OF THE CITY ZONING 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 (16) is amended to read as follows: (16) Traets B, C, D,, and E of Registered Land Survey No-. 256.[Repealed]. Section 5, Paragraph (18) is amended to read as follows: (18) Lets- -4?and-15, Block , and Lots 4-and 15, Bleek-l, Terrace Gardens Additien.[Repealed]. Section 12, Paragraph (34) is amended to read as follows: (34) Lots 1-3, Block 2, Terrace Gardens Addition. This amendment constitutes a rezoning of the following properties: 1) rezone 6615 Elliot Avenue, 6614 and 6615-10th Avenues, and 6614-11th Avenue from MR to R; 2) rezone 901 East 66th Street and 6600-10th Avenue from MR to MR-2; and 3) rezone a small parcel of land within Veterans Memorial Park (at 64th and Portland) from MR to R. Passed by the City Council of the City of Richfield, Minnesota this day of , 1993. Martin J. Kirsch, Mayor ATTEST: Thomas P. Ferber, City Clerk REZONING PLAN 9 .3 EXISTING LAND USE EXISTING ZONING PROPOSED ZONING 66TH ST. 66TH ST. 66TH ST. 901 901 901 c c 0 o o p co t° co r qq r a r' lie r r e r n t co t0 40 is co p co m to p a > Q a > Q W Q Q Q Y = _ 0 _ H J p V- J p r J J p r W W W t 67TH ST. 67TH ST. 67TH ST. ® MR MR-2 R 1 1 UNIT APT. BLDG . 12 UNIT APT. BLDG. SIN LE FA MILY co M ? LI REZONING PLAN EXISTING LAND USE EXISTING ZONING PROPOSED ZONING 66TH ST. 66TH ST. 66TH ST. a et 0 er in ? r r r r r r m O m O m p Q Q Q Q Q Q O r r ? O r r r O r r r Nor 67TH ST. 67TH ST. 67TH ST. 11 UNIT APT. BLDG.. 11 UNIT APT. BLDG. SING LE FA MILY REZONING PLAN q -s EXISTING LAND USE EXISTING ZONING PROPOSED ZONING CROS T N HWY. 62 _ CROS N HWY. 62 _ CROS N HWY. 62 _ =T c7l-- WC O a V WATER Q W UPLEX J H N PARK a 1 W AMER. LEGION CHAPELI APTNIT j,j J' J' J? UT AS STORE 'J'J ' ER STA. _ 66 T 66 17 NIT GA GAS - ,', ,','; PT. STA STA. S. FAM. J'J JJJ'. S. FAM. LS. AM. PRINTING J J J J - - - - JJ JJJJJJJJ J J J J J J J J J J J J J OST.-- J J 66 J J J J JJ JJ JJ { JJ J J J J JJJJJ) J' )JJJJJ J J J J JJJJ J'J' J J J J J J J YLLI ?? Oa Q Park land within Veterans Miemorm Fam ® MR MR-1 • PLANNING JJJJJJJJJ JJJJ C-2 ZONING merR paparbn?nt Comnmlty DcvdopF -71R 8 CITY OF RICHFIELD, MINNESOTA Council Letter No. 318 Agenda November 8, 1993 Issue Statement: Continuation of?a public hearing and second reading of an ordinance amendment to classify pawn operations, secondhand goods operations which require a license under Section 1186 of the City Code, currency exchanges, auction houses, and consignment auction houses as conditional uses in the C-2 (general commercial) and I (industrial) districts. Background: On October 11, 1993 the City Council continued second reading of this ordinance amendment to allow the Planning Commission to review the inclusion of currency exchanges, which had not been previously reviewed. On October 26, the Planning Commission voted 5-3 against recommending the inclusion of currency exchanges in the proposed ordinance. However, the Commission voted to request an additional.90 days to study the issue and a moratorium to cover the time period. Recommended Motion: Continue the public hearing regarding an ordinance approving an amendment which classifies pawn operations, secondhand goods operations which require a license under Section 1186 of the City Code, currency exchanges, auction houses, and consignment auction houses as conditional uses in the C-2 and I districts to November 22, 1993. Basis of Recommendation: 1. The Planning Commission has asked for additional time to study this matter. The moratorium for pawnshops will end this month. Staff is exploring additional options for resolution of this matter which can be forwarded to the Council on November 22, 1993. Alternative Recommendation: 1. The Council could approve the amendment without currency exchanges, and place a moratorium on currency exchanges until they can be studied and an ordinance formulated to regulate such uses. 2. The Council could approve the amendment without currency exchanges, and refer the currency exchange issue back to the Planning Commission for a recommendation on how to regulate this use. 3. The Council could modify the amendment deleting currency • exchange uses, but make them a conditional use which is not subject to the additional provisions of this ordinance. -I Discussion/Decision Mode: A public hearing and second reading is scheduled at 7 p.m. on Monday, November 8, 1993. The hearing will be held in the City Council Chambers of Richfield City Hall, 6700 Portland Avenue. ly submitted, Ci JDP:cak 11 . Prosser 0 8 - C-)-Bill No. 1993- AMENDMENT TO APPENDIX B OF THE CITY CODE OF THE CITY OF RICHFIELD The City of Richfield does ordain: Section 520 of Appendix B to the Richfield City Code entitled "Zoning: commercial districts" is hereby amended by amending subsection 520.17 and adding subsection 520.22 to read as follows: Section 520.17. (e) pawn operations, secondhand goods operations which require a license under Section 1186 of the City Code, currency exchanges, auction houses and consignment auction houses. (fe) other business uses which are determined by the Council to be of the same general character as the uses enumerated in this section and which will not be obnoxious or detrimental to the area in which they would be located. Section 520.22. • 520.22. Pawn operations, secondhand goods operations which require a license under Section 1186 of the City Code currency exchanges, auction houses and consignment auction houses. Subdivision 1. General Rule. A conditional use permit shall not be granted for any pawn operation, secondhand goods operation which requires a license under Section 1186 of the City Code, currency exchange, auction house or consignment auction house, unless the Council finds that the proposed use will comply with the standards set forth in this subsection. Subd. 2. Pawn operations, second hand goods operations which require a license under Section 1186 of the City Code currency exchanges, auction houses and consignment auction houses shall not be permitted within 1,000 feet of any school, church daycare center or public institution. Subd. 3. Pawn operations, secondhand goods operation which requires a license under Section 1186 of the City Code currency exchanges, auction houses and consignment auction houses shall not be permitted within 1,000 feet of any other pawn operation, secondhand goods operation which requires a license under Section 1186 of the City Code, currency exchanges, auction house or consignment auction house. • Subd. 4. Currency exchanges shall not be permitted within one-half mile of any other currency exchange. %'3 Subd. 5. Pawn operations, second hand goods operations which require a license under Section 1186 of the City Code, auction houses and consignment auction houses shall not be permitted within 250 feet of any residentially zoned property. Subd. 6. Currency exchanaes shall not be permitted within 100 feet of any residentially zoned property. Subd. 7. Pawn operations, secondhand goods operations which require a license under Section 1186 of the City Code, currency exchanges, auction houses and consignment auction houses shall be screened, as approved by the City. Subd. 8. The business operator shall secure all applicable licenses and approvals from the city, county, state or other applicable jurisdictions before this permit becomes effective. Subd. 9. Off-street parking standards: Spawn operations, second hand goods operations which require a license under Section 1186 of the City Code, and currency exchanges - five spaces per. 1,000 square feet of gross floor area or ten spaces, whichever is greater. • (b) auction houses and consignment auction houses - 35 spaces per 1,000 square feet of gross floor area or 70 spaces, whichever is greater. Subd. 10. The operation shall be contained within a completely enclosed building, and no outside storage, display, or sale of merchandise shall be permitted. Subd. 11. There shall be no exterior loudspeaker, and any public address system shall not be audible from any residential parcel. Subd. 12. Auction houses and consignment auction houses shall have designated on-site loading and drop-off areas which are designed to avoid interfering with traffic and pedestrian movements. Subd. 13. Pawn operations, secondhand goods operations which require a license under Section 1186 of the City Code currency exchanges, auction houses and consignment auction houses shall not be operated between the hours of 10:00 p.m. and 6:00 a.m. the following da Subd. 14. For the purposes of this subsection, currency exchanges shall be defined as a business or person, except a . bank, trust company, savings bank, savings and loan association credit union, or industrial loan and thrift company, engaged in the business of cashing checks, drafts, money orders or E-q • traveler's checks for a fee. Currency exchange does not include businesses or persons who provide such service incidental to their primary business if the charge for cashing a check or draft does not exceed one dollar or one percent of the check or draft, whichever is greater. Subd. 15. For the Durposes of this subsection, all measurements shall be taken from lot line to lot line unless such use is to be located within a multi-tenant building with over 5,000 square feet in area. In such case, measurements shall be taken from the building sAace of such use to the lot lines of other properties. Subd. 16. Such pawn operations, secondhand goods operations which require a license under Section 1186 of the City Code, currency exchanges, auction houses and consignment auction houses which were legally established prior to October 12, 1993 shall be classified as legal nonconforming uses subject to the provisions of Section 510.05 of this code. Section 525 of Appendix B to the Richfield City Code entitled "Zoning: industrial districts" is hereby amended by adding subsection 525.03 (c) to read as follows: 525.03. • (c) those uses listed in Section 520.22, subject to the same conditions set forth in Section 520.22. Passed by the City Council of the City of Richfield, Minnesota this 8th day of November, 1993. Martin J. Kirsch, Mayor ATTEST: Thomas P. Ferber, City Clerk 0 7 • CITY OF RICHFIELD, MINNESOTA Council Letter No.314 Agenda November 8, 1993 Issue Statement: Public hearing and second reading of ordinance amending Section 416 of the City Code by adding specific language to address signage in the 77th Street Corridor. Background: On October 11, 1993, the City Council gave first reading to an amendment to the sign ordinance relating to the 77th Street Corridor. With the completion of 77th Street, substantial reorientation of businesses, including signage, will occur. A balance must be reached between business needs, residential impact and aesthetic control. Further modifications have been made based on review by the City Attorney as well as issues raised by specific site applications. Recommended Motion: Adopt the attached proposed ordinance amending Section 416 of the City Code which regulates signage in the 77th Street Corridor. Basis of Recommendation: • 1. The applicable corridor is generally defined as south of 77th Street between I-35W and Cedar for a distance of 150 feet excluding frontage on major intersections and along I-494. Signage both needed and appropriate for visibility to I-494 is clearly not appropriate along 77th Street. 2. Simple business directional signage is permitted to direct customers to businesses along 78th Street that do not have direct access to 77th Street. A logo is permitted on the sign but no advertising. A business such as Arby's would utilize this type of signage. 3. Pedestal signs are not permitted. 4. Ground monument signs are permitted in a landscaped or specifically improved area. Lighting of such signs must not impact residential areas north of 77th Street. 5. Wall signs are permitted on the front wall of a business facing 77th Street but not on side or rear walls. 6. Banners and similar promotional devices, projecting signs and window signs facing 77th Street are not permitted. Alternative Recommendation: • Deny the proposed ordinance amendment. ?_ i Discussion/Decision Mode: 40 A public hearing and second reading are scheduled at 7 p.m. on Monday, November 8, 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. ly submitted, Ci JDP:cak • D. Prosser 0 0 Bill No. 1993- AMENDMENT TO SECTION 416 OF THE RICHFIELD CITY CODE; REGULATING SIGNAGE IN THE 77TH STREET CORRIDOR THE CITY OF RICHFIELD DOES ORDAIN:, Subsection 416.07 of the City Code is amended by adding the following: (g) 77th Street Corridor. The following shall apply to properties located in the defined as that area bounded on the north east by Cedar Avenue/T.H. 77, on the west south by a line drawn parallel to and 150 southerly right of way of 77th Street. special provisions 77th Street Corridor, by 77th Street, on the by I-35W, and on the feet southerly of the (1) Any sign otherwise permitted under this section 416 is permitted in the 77th Street Corridor, except as expressly modified in this paragraph (g). (2) Business Directional Signs. In addition to the signs permitted under the preceding provisions of this subsection 416.07, off-site directional signs may be placed on properties that immediately abut 77th Street, subject to the requirements of this clause (g) (1). A business directional sign requires a permit issued by the Council. The application for such permit shall be made to the building official. Upon receiving an application, the building official shall involve the planning and transportation divisions in a review of the application. No such permit shall be issued without first obtaining the approval of the Council. The Council shall not approve the permit unless it determines that all of the following conditions are or would be met. (i) The sign must direct traffic to a business located on property abutting I-494, but which does not abut on 77th Street, 77-1/2 Street, I-35W, Lyndale Avenue, Nicollet Avenue, Portland Avenue, 12th Avenue or Cedar Avenue. (ii) The permit application must be made by the business served by the sign. If the sign is to be located on private property, the owner of the property must consent to the application. (iii) The sign must be placed at least 14 feet south of the south curb line of the 77th Street roadway; and at least six feet from any other public roadway, as measured from the back of the curb. Notwithstanding any other provision of this section 416 to the • contrary, a business directional sign may be located within the unused right of way of a city street. 1 7-3 (iv) The sign location must not create a traffic hazard. (v) The business served by the sign may not have more than one sign face addressing each direction of 77th Street anywhere in the 77th Street Corridor. The sign may be double-faced, or upon a showing of need, two separate single-faced signs may be utilized to address each direction of 77th Street. Sign faces shall be positioned at approximately right angles to the 77th Street roadway. (vi) The business owner served by the sign must demonstrate that he or she has contacted other eligible businesses in the vicinity to determine whether they are interested in going together on one sign. (vii) In no instance may more than three businesses be represented on one sign face. Such signage shall comply with the following size requirements: a) one business-24 inches wide by 18 inches high b) two businesses-24 inches wide by 24 inches high c) three businesses-24 inches wide by 30 inches high (viii)The business owner(s) being served by such signage are responsible for the purchase and installation of the sign. • (ix) The sign must contain the name of the business (or businesses) and an arrow indicating which direction to turn. In special circumstances it may be necessary to use text in lieu of an arrow to indicate the appropriate direction (i.e., next left). In any case, the use of text shall be kept to a minimum. (x) Signs may not contain advertising messages. The sign may contain a color logo not to exceed 36 square inches for each business. In the case of multiple businesses on one sign, logo placement shall be approved by staff. (xi) The sign. shall be mounted at a height of seven feet, as measured from the bottom of the sign to the ground level at the top of the abutting street curb. (xii) The sign shall have a medium blue background. All lettering and arrows shall be white. All lettering shall be upper-case helvetica style, four inches in height. (xiii)The corners of the sign face shall be rounded. The sign face shall have a white border just inside the edge. Such border shall be three-quarters of an inch in width. The corners of the sign border shall be rounded to fit the sign face. _?_ q • (xiv) The sign face shall be metal or other material as approved by the city. (xv) The sign shall be mounted on a single iron post of sufficient gauge to safely secure the sign face. The business (or businesses) served by such signage shall be responsible for contacting the utility companies before installing the post. (xvi) The business (or businesses) being served by off-site directional signage shall keep such signage in proper position, clean, and legible at all times. Damaged signs shall be replaced by the business within 20 days of written notice to repair such damaged sign by the City. Failure to repair damaged signs within the 20 days will result in revocation of the permit and removal of the sign by the City. (xvii)In instances where the 77th Street off-site signage does not lead traffic directly to the business via the north/south avenues, the business may install one off- site directional sign near the end of the avenue, as approved by staff. This sign shall be installed and designed similar to the 77th Street off-site sign, however, the sign face shall be no more than six inches in height by 24 inches in length. In unique circumstances (i.e., business with unusually long name) the Council may approve a sign face that is more than 24 inches in length. (3) Ground Monument Signs. A ground monument sign which is otherwise permitted under this subsection 416.07 must conform to the following requirements. The sign may not exceed ten feet in height or 60 square feet in area, and must be located within a landscaped area at least equivalent to the sign's area. The sign may be located outside of a landscaped area if such a sign meets the following design criteria: a) it is located on a base of stone, or brick that is at least three feet in height and 150% of the width of the sign face. b) the stone or brick base contains a planter which occupies at least 100% of the total surface area parallel to the ground plane of the base and is planted with annual or perennial flowers. Ground signs may be illuminated so long as light and glare from such signs is not visible from residential property north of 77th Street. (4) Pedestal Signs. Notwithstanding any other provision of this subsection 416.07, pedestal signs are permitted within the ??s • 77th Street Corridor only if all of the following conditions are met: a) The pedestal sign is located on property fronting on Lyndale, Portland or Nicollet Avenues or on a corner lot with primary entrance on 77th Street and secondary street wall facing Lyndale, Portland or Nicollet Avenues; b) The pedestal sign must be set back a minimum of ten feet and not more than 20 feet from the property line and any public right of way; c) The base of the pedestal sign must be located within a landscaped area that is equal in area to that of the sign face, and at least 30 percent of the landscaped area must contain plantings which will achieve a mature height equal to one third of the pedestal height; d) The pedestal sign must meet the size, area, and height limitations applicable for the zoning district in which the property is located. (5) Wall Sians. Notwithstanding any other provision of this subsection 416.07, wall signs which face 77th Street are not permitted, except as provided in this paragraph. • a) In MR-1, MR-2 and MR-3 zoning districts, one wall sign is permitted per building. The sign may not exceed six square feet in area. For multiple building complexes, one additional sign may be placed on the building housing the complex office or building closest to the street. b) In C-1, C-2, C-3, and I zoning districts, wall signs that face 77th Street will be permitted only on buildings which have a primary entry and orientation to 77th Street. Wall signs will not be permitted on walls which serve as a side or rear wall. The total sign area for wall signs may not exceed 15 percent of the total wall area of the portion of the wall of the building to which the signs are attached. In the case of multiple occupancy, the total area of wall, window, canopy or marquee signs which each occupant may erect may not exceed 15 percent of the exterior wall area of the portion of the building occupied by that occupancy and to which the sign is affixed. (6) Window Signs. this subsection 416.07, any windows facing 77th is in or on windows facing that the signs meet the zoning district. Notwithstanding any other provision of window signs are not permitted in or on Street. Window signs will be permitted streets other than 77th Street, provided requirements of the applicable primary /7- (7) Projecting Signs. Notwithstanding any other provision of this subsection 416.07, projecting signs are not permitted from any building wall that faces 77th Street. (8) Banners, wind devices, promotional display devices and fixed temporary ground signs will not be permitted within the 77th Street Corridor. Passed by the City Council of the City of Richfield, Minnesota this 8th day of November, 1993. Martin J. Kirsch, Mayor ATTEST: Thomas P. Ferber, City Clerk 0 0 • CITY OF RICHFIELD, MINNESOTA Council Letter No. 313 Agenda November 8, 1993 Issue Statement: Public hearing and second reading rezone the following MR (multiple rezone 7132 Bloomington Avenue to rezone 7107 Chicago Avenue & 7106 rezone west portion (parking lot) and 4) rezone 7500 Cedar Avenue ti of an ordinance amendment to residence) properties: 1) R (single family residence); 2) Elliot Avenue to MR-2; 3) of 7000 Cedar Avenue to MR-3; 3 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 provisions 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 about 45 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 existing land use and, therefore, will remain conforming uses. Recommended Motion: Adopt the attached ordinance amendment approving the rezoning of 7132 Bloomington Avenue from MR to R; rezoning 7107 Chicago Avenue and 7106 Elliot Avenue from MR to MR-2; rezoning 7000 Cedar Avenue (west portion) from MR to MR-3, and rezoning 7500 Cedar Avenue from MR to MR-3. 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.. 4. The proposed R zoning is most appropriate for the existing single family use at 7132 Bloomington Avenue, while offering proper regulatory control for present and future land uses. 5. The proposed MR-2 zoning is most appropriate for the existing fourplex uses at 7107 Chicago Avenue & 7106 Elliot Avenue, and would ensure that higher density development (as allowed under the MR provisions) does not occur. 6. The proposed MR-3 zoning is most appropriate for the existing parking lot for the 25 unit apartment use at 7000 Cedar Avenue, while offering proper regulatory control for present and future land uses. This parking lot is required for the adjacent apartment building and the rezoning would not change that requirement. 7. The proposed MR-3 zoning is most appropriate for the existing 19 unit apartment use at 7500 Cedar Avenue, while offering proper regulatory control for present and future land uses. 8. This rezoning will help to eliminate areas of inconsistent spot zoning. 9. On September 28, 1993, the Planning Commission voted unanimously to recommend approval of the rezoning. Alternative Recommendation: The City Council could deny this rezoning with a finding that such rezoning with a finding that such rezoning would have an adverse impact on the subject parcels, adjacent properties or the City as a whole. Discussion/Decision Mode: A public hearing and second reading is scheduled at 7:00 p.m. on Monday, November 8, 1993. The hearing will be held in the City Council Chambers of Richfield City Hall, 6700 Portland Avenue. Notice of the hearing was published in the Sun-Current and mailed to property owners within 350 feet of the subject properties. ly submitted, James D Prosser City M?Lftager JDP:ds 0 . Bill No. 1993- AMENDMENT TO APPENDIX I OF THE CITY ZONING 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 (7) is amended to read as follows: (7) Lot r Bleelf , Engberg Walden Second Addition eiEcept that part thereof lying within 173 feet f the center line of Cedar ANrenue.[Repealed]. Section 5, Paragraph (14) is amended to read as follows: (14) Lot 8, Sleek 2, Petit Fourth Addition. [Repealed] . Section 5, Paragraph (21) is amended to read as follows: (21) That part of the east quarter of the north half of the vnf the i:v ? q?#'3zcc?vr rter of Svu-t?l half r-r3eaS?, r quaar rt$9f the - S9utcrzhe caS? Seetion r Township 28, Range 24, lying east of Zubert's South • View Gardens, Fourth Additionw[Reyealed]. Section 5, Paragraph (23) is amended to read as follows: (23) That area lying between Elliott Avenue and Chicagc> Avenue, and between Zubert's Elliott Avenue Addition and south o-f a line parallel with and 70 feet north from the north line of aubert's Rlliet-t -AvenueAdd-itiee.[Repealed]. Section 12, Paragraph (33) is amended to read as follows: (33) That area lying between Elliot Avenue and Chicago Avenue, and between Zubert's Elliot Avenue Addition and south of a line parallel with and 70 feet north from the north line of Zubert's Elliot Avenue Addition. Section 13, Paragraph (11) is amended to read as follows: (11) Lot 1, Block 3, Engberg Walden Second Addition except that part thereof lying within 173 feet of the center line of Cedar Avenue. Section 13, Paragraph (12) is amended to read as follows: (12) That part of the east quarter of the north half of the south half of the northeast quarter of the southeast quarter of Section 35, Township 28, Range 24, lying east of Zubert's South View Gardens, Fourth Addition. r 5 • This amendment constitutes a rezoning of the following properties: 1) rezone 7132 Bloomington Avenue from MR to R; 2) rezone 7107 Chicago Avenue and 7106 Elliot Avenue from MR to MR- 2;.3) rezone 7000 Cedar Avenue (west portion) from MR to MR-3; and 4) rezone 7500 Cedar Avenue from MR to MR-3. Passed by the City Council of the City of Richfield, Minnesota this 8th day of November, 1993. Martin J. Kirsch, Mayor ATTEST: Thomas P. Ferber, City Clerk n U • REZONING PLAN EXISTING ZONING PROPOSED ZONING 71 ST ST. 71ST ST. uj u.i a 4 Z Z O O ui z a z a O o m to CY N t9 !'9 r ? • • P?OJO P?OJO O? O O? O 72ND ST. 72ND ST. LAND USE: ALL SINGLE FAMILY 7132 Bloomington Ave. ® MR ..: R PLANNING N ZONING cmmunmr Development Daparurwnt 4 REZONING PLAN EXISTING LAND USE EXISTING ZONING PROPOSED ZONING 71ST ST. 71ST ST. 71ST ST. 0 0 0 0 0 0 r r r r r r ui a a a a a Z 4 o a a U J L) V J W U W U W U 72ND ST. 72ND ST. 72ND ST. 7107 Chicago Ave. 7106 Elliot 'Ave. ® MR C-1 IT R 1?3 p ppp O PLANNING MR-1 N F-7 R ZONING MR-2 Communltp t)evelapmant DaPurlnwnt DUPLEX DUPLEX 4-PLEX 4-PLEX ? DUPLEX J DUPLEX zm Q a a f- Z W ? J r r _ 000000000 000000000 0000000000 00000000 oo°oo°°°oi oo°°°°°oo 000000000 000000000 000000000 000000000 000000000 000000000 000000000 oooo°0000000000000 000000000 000000000 ° 0 0 0 0 0 0 0 0 ° 0 0 0° 0 0 0 0 000000000 000000000 000000000 000000000 oooo°oo°° o°°°ooooo °ooo°oooo °°00°0000 oo°oooo°° °°°°ooooo o°°ooo°oo 000000000 000000000 000000000 000000000 000000000 0000000°° p°p°p°p°ppp°p°pppp p°p°ppppp°p°ppppp0 000000000 0 000 000000000 o o o o o o o o o o ° p p p o ° p o o°ooo°o°o°o°opoooo 000000000 p p p p p p p p p O ° ° p ° p p p ° REZONING PLAN EXISTING LAND USE EXISTING ZONING PROPOSED ZONING BLVD. ` BLVD. BLVD. GONPX- N?V J J GO_`P?. J J J J'J;, O PARK Z =p ° O : ;' ' o o J O •:::: J i ; l LOT ?aG °o • j ' ' o J J;; JJ . , ;';JJ;JJJ o •ti•:: ' ' 1 J n J " ^ ; . . J,J J J • N m ?,'?'?'''''?' j'.' '. COMM' 'J J'J J 1'J ' ' ' J ' ','j', ?JJJ? J J J J J J J J,JJJ,J?JJ, J'JJJ'J J'J ' ' ' - J . APTS J ' J 'J'J'J„J JJJJ J j Jj J J jjjl". J J Q J ,',',',?,, J J J J 'J'J'J'JJJ W UPLE ui J'J J J J J J ui J .. ''';'I'I ui ` JR J J J J ;,J Q J Q ' ' Q V UPLE J J J ' ' ' '?'? ?} Z i N J,J,J,J,J,J Q 0 r JJJJJJJJ D 'JJJ'JJJJJJ D J J J J J J ( W J J JJJ,J,J J J ..I W , , .? W ", J JJJ J U J J J J r J JJJ J'J'J I , v U r J , J J J ?'J N JJ J J J J J J, J,J'J ,J,J,JJJJJ, JJJJ J J ` r j, , J J'J'J'J J J J J J J J J Z , jIjjjjjjjjj l J JJJJJ,J JJ W J'I'l , J J J J J J J F "I lljjjl jj J J J J J J j j l l j 4 N l l J J j j j j j J J Q J J J J J J ?' ' ' M J J J W Q J ,J,J,J,? l;lJ'J'J', J, I' jJ l, J,J, JJ " J J J J "'j,"", ' J J ' JJ J,JJ J J J J J J FAM J J J J j'j','?' J , , ,? J J J,J,J 72ND ST. 72ND ST. 72ND ST. 7000 Cedar Ave. MR MR-3 R • MR-1 C-2 MANNING ZONING N(T) community oevefoprtro?rt cap?r6n.nt (? r REZONING PLAN EXISTING LAND USE EXISTING ZONING PROPOSED ZONING 75TH ST. • 75TH ST. 75TH ST. •.•::::: ¦ :•:::: : • Z ::::: F- W C Z mesas a s ¦ at m ¦i r a ....... •:::: . a w a > Q ' a •:•:•:::?: a > a - J J J J J J J J J J J J J J J J ? = J+J J J JJJ J J J J J J J J J ^ ii ? J J J J J J J J J J J J J J J J Q J J J J J J J J J J J J J J J Q Q J J J J J J J J Q ?. J J J J J J J J J J J J J J J Q Q Q J J J J J J J J J J J J J J J co M J J J J J J J J J W JJJJJJJJJJJJJJJ W r ` W r JJJ+)JJJ+JJJJ JJ r' JJJJJJJJJJJJJJJ U Z V J J J J J J J J J J J J J J J J J J V J ) J J J J J J J J J J J J J J J J J J J J,J J J J J J J J W Z )JJJJJJJJ J J J ) J J J J J ) J J J J JJJ J J J J J J J J J J D J J J J JJ J J J JJJJJJJJJJJJJJJJ JJJJJJJJJJJJJJJ J J J J J J M ?"I ? = JJJJJJJJJJJJJJJJ ) J J J J J J JJJJJJJJJJJJJJJ ) J J J J J N m JJJJJJJJJJJJJJJJ J J J J J J J J JJJJJJJJJJJJJJJ Yi Q J J J J J J J J J J J J J J J J J J J J J J J J J J J J J J J J J J J J J J J) J J J J J) JJJ - J J J J J J J J J J JJJ J J J J J J J J J J J J J J J J J J J J J J J J J J J J J J J J J J J J J J J J J J JJJJJJJJ J JJ JJ J J JJ JJ) JJJ JJ J JJ J JJ JJ J J J J J J J J 76TH ST. 76TH ST. 76TH ST. 7500 Cedar Ave. Kv;" I's ® MR :; ;: MR-3 MR-1 ))JJJJJJJJ C-2 . .J CITY OF RICHFIELD, MINNESOTA Council Letter No. 312 Agenda November 8, 1993 Issue Statement: Public hearing and second reading of an ordinance amendment to rezone property at 6438 and 6444 First Avenue from R (single family residence) to C-2 (general commercial); and consideration of an amended off-street parking permit to allow a parking and drive-up teller expansion at Norwest Bank. Background: Norwest Bank, 6445 Nicollet, is proposing a plan which would allow them to redesign and expand their parking lot and drive-up teller facility by utilizing the two parcels directly east of the bank site at 6438 and 6444 First Avenue. The two parcels in question are currently zoned R-residence. Bank parking lots and drive-up tellers are not permitted uses in the R district. Therefore, Norwest is requesting a rezoning of the two lots from residential to commercial. Norwest Bank owns the vacant lot at 6438 First Avenue and the single family home at 6444 First Avenue. The proposal consists of clearing the existing house and all the site features east of the bank building on the bank site. The . drive-up teller would be redesigned and relocated onto the west portion of the two lots, freeing up space for additional parking on the existing bank site. The goal of the project is to increase parking capacity and improve traffic flow through the site. The bank currently experiences parking and congestion problems because of inadequate stacking space for the existing drive-up facility. The proposal would increase parking capacity from 37 to 49 spaces and separate the drive-up teller facility from the parking lot, alleviating the conflict between the parking lot and the drive- up. The number of drive-up lanes would stay the same, however, the stacking space would be significantly increased to make the drive-up more efficient. This should also result in less car idling. The automated teller machine would not be placed in the drive-up, but would remain in the bank lobby. In formulating the plans, bank officials met with the neighbors to devise a plan that„would address neighborhood concerns and reduce the negative impacts. The meetings resulted in two major plan modifications to address neighborhood concerns: ? Increased traffic generation on local streets was a major concern of area residents. For this reason, the plan utilizes a one-way traffic flow, with the entrance on Nicollet Avenue and the exit on 65th Street. The exit on 65th Street would be skewed toward Nicollet Avenue and would be signed for "no left turn." This should help to direct most of the traffic back to Nicollet Avenue, rather than short-cutting through the neighborhood. 5-1 ? Visual impact of the expansion area and bank was also a concern of area residents. For this reason, the plan was modified to widen the buffer yard along First Avenue. Extensive landscape screening and berming would be incorporated in the 47 foot buffer yard to shield the bank operations from the residents. The large boulevard trees along the west side of First Avenue would remain. In addition, a wooden screen fence would be installed five feet from the north line of the expansion area to separate the use from the home and garage at 6426 First Avenue. The fence would match the existing screen fence on the site. Plantings would be installed in the five foot setback area north of the fence to provide additional buffering. The plan includes several improvements to manage the quality and quantity of storm water run-off. The drainage and grading plan includes a grassy swale in the buffer yard just east of the drive-up teller facility. This swale will slow down the flow rate and clean the run-off before it enters the storm sewer. Recommended Motion: Adopt the attached ordinance amendment approving the rezoning of 6438 and 6444 First Avenue from R to C-2 and approve the amended off-street parking permit with the following stipulations: 1. That the applicant prepare and record against the property an instrument, satisfactory to the City Attorney, that incorporates the site plan, landscaping, buffering, and access requirements. In addition, the lots should be restricted to bank accessory use subservient to the main lot on Nicollet. The instrument must provide that the restrictions may not be released without the approval of the City Council of the City of Richfield, Minnesota. 2. That the Automated Teller Machine (ATM) not be included in the drive-up teller area. 3. That entrance and exit signage be approved by the City. 4. That a cash escrow agreement for all required landscape improvements be submitted before the off-street parking permit becomes effective. Basis of Recommendation: 1. The Comprehensive Plan calls for the subject lots to be a medium density buffer. This proposal would meet the medium density buffer guidelines for an accessory commercial use which incorporates appropriate buffer yard and open space. 2. The improvements would alleviate the parking and circulation conflict now present on the site. 3. The site layout and buffer yard would minimize the impact of the bank operations, while improving the overall appearance of the site and neighborhood. 5JL 4. The proposed site improvements would comply with City engineering and landscape requirements. 5. Approval of the request would not constitute a spot zone, because contiguous parcels to the west and south are also zoned C-2. Alternative Recommendation: The City Council could deny the rezoning and off-street parking permit with a finding of fact that the proposal would have an adverse impact on adjacent properties or the City as a whole. Discussion/Decision Mode: Rezoning applications require a two-thirds majority vote of the City Council for approval. A public hearing and second reading is scheduled at 7:00 p.m. on Monday, November 8, 1993. The hearing will be held in the City Council Chambers of Richfield City Hall, 6700 Portland Avenue. Notice of the hearing was published in the Sun-Current and mailed to property owners within 350 feet of the subject property. Respec ully submitted, Ja D. Prosser Cit anager JDP:ds 0 5=3 Bill No. 1993- AMENDMENT TO APPENDIX I OF THE CITY ZONING 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 3, Paragraph (32) is amended to read as follows: (32) Lots 1-3, Block 1, First Federal Richfield Addition. Passed by the City Council of the City of Richfield, Minnesota this 8th day of November, 1993. Martin J. Kirsch, Mayor ATTEST: • Thomas P. Ferber, City Clerk ?, EXISTING CONDITIONS 7. .ff ,w rr NICOLLCT $ AVE'NUE' Q D. NO. 52) $.lum+nous Qood /oy Conc. .Curb Conc. Apron ?q ••/!w,>e .•/sis?fe i ?Tro?r'c Signal ./lir>; Ktf>;.,, Tro/X'e Sgrwl it NY{fir _ ;.:; .. K/)• / n T 9s : /Ml .Olr Xi - r>f? 0 Noprk '•MIFf .' OP Nydran? 255.00 O y'? ? AV I J.Qi. xn Y Q»p ,W.. n ` ? ?+? ? ^. ? 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Background: On October 11, 1993 the City Council adopted a resolution directing the Planning Commission to consider an amendment to the land use element of the Comprehensive Plan. The Comprehensive Plan designates parcels as Medium Density Buffer, but does not provide a definition for such designation. All the other land use designations (i.e., single family residential, central business district) are defined by the plan. In addition, the plan fails to recognize the effects of multi- family uses and commercial uses on adjacent single family uses. Preservation of Richfield's residential character and protection of established neighborhoods is a high priority within the community. A definition for Medium Density Buffer is needed to protect the character of neighborhoods. The definition should allow low density residential uses and properly buffered commercial developments within the Medium Density Buffer areas. This would help to ease the transition between commercial uses along the major corridors and the single family uses behind them. The area between multi-family or commercial uses and single family uses can be very abrupt and harsh when no buffer zone is provided. The proposed definition adds the C-2 zoning classification to the medium density buffer designation, but limits the types of acceptable uses to low/medium density residentially scaled buildings that generate low traffic volumes within the neighborhood. Appropriate uses would include single family to fourplex dwellings, existing convenience commercial, open space, and commercial accessory uses that meet specific landscape buffer yard requirements. Recommended Motion: Adopt the attached resolution amending the Comprehensive Plan to define and clarify the medium density buffer land use designation. Basis of Recommendation: 1. The medium density buffer designation must be defined if it is to be used as a meaningful guide to development. 2. The medium density buffer designation must be defined if it is to successfully protect residential neighborhoods from high density commercial uses. ?I 3. Multi-family and commercial development adjacent to single family use will continue to be an issue inherent in Richfield's maturity and established development pattern. LI Alternative Recommendation: 4. Quality development that responds to Richfield's residential character should be encouraged, when appropriate buffering and open space is provided to separate the uses. 5. The proposed definition would fit in with the new Comprehensive Plan which is being developed by the Steering Committee. 6. The amendment would not prevent Norwest Bank from developing their property as proposed. The amendment would ensure that future developments within the Medium Density Buffer designation are compatible with the adjacent uses, providing low density buildings and generous buffer yards. 7. The Metropolitan Council has reviewed the amendment and made a determination that it is a housekeeping measure not subject to further review. 8. On October 26, 1993, the Planning Commission voted unanimously to recommend approval of the amendment. The City Council could refuse to adopt the amendment. Discussion/Decision Mode: A public hearing is scheduled at 7:00 p.m. 1993. The hearing will be held in the City Richfield City Hall, 6700 Portland Avenue. was published in the Sun-Current. on Monday, November 8, Council Chambers of Notice of the hearing submitted, James City JDP:ds ser w RESOLUTION NO. 8070 RESOLUTION AMENDING THE COMPREHENSIVE PLAN RELATING TO MEDIUM DENSITY BUFFER WHEREAS, the Land Use Element of the Comprehensive Plan designates land as Medium Density Buffer, but does not provide a definition for Medium Density Buffer; and WHEREAS, the Medium Density Buffer land use designation must be defined and clarified if it is to be a meaningful guide to development; and WHEREAS, this amendment was prompted by the need to protect single family uses by defining a medium density buffer designation that will ease the transition between single family and multi-family or commercial uses; and WHEREAS, multi-family and commercial development adjacent to single family dwellings will continue to be an issue inherent in Richfield's maturity and established development pattern; and WHEREAS, the City Council has held a public hearing on November 8, 1993, to review the relevant Comprehensive Plan issues relating to Medium Density Buffer; and • WHEREAS, the Planning Commission has conducted a public hearing and recommended that the Comprehensive Plan be amended to define and clarify the Medium Density Buffer land use designation; and WHEREAS, the Metropolitan Council has reviewed and approved the amendment. NOW, THEREFORE, BE IT RESOLVED By the City Council of the City of Richfield, that the Comprehensive Plan be amended to define and clarify the Medium Density Buffer land use designation pursuant to Attachments A and B attached hereto. Adopted this 8th day of November, 1993 by the City Council of the City of Richfield, Minnesota. Martin J. Kirsch, Mayor ATTEST: Thomas P. Ferber, City Clerk .7 (-/-3 Za z as z Iz aZ ?N 66 0 W v, z ?o Z W z C? as c? ?o i V oq 94 N? U? N N ?+ U N U U N eV Z Z U ?'? U ~ ? o ?c v a Loon L&-j Loon Looll d J ~ G T ?G Len C= a, .?,?. {+ y { a`??i•` 0 *....,,.....,.., M, - - 4-`f Attachment B Add the following language to Section IV of the Land Use Element entitled "Land Use Controls/Goals" E. Medium Density Buffer The City of Richfield is committed to easing the transition between sinale family residential and multi-family or non residential uses. Land designated as medium density buffer should serve as a transition zone. Medium density buffer uses should be limited to low or medium density buildings. Buildings should not exceed two stories in height and should reflect the surrounding residential scale. Uses which generate high traffic volumes within an adjacent single family neighborhood should not be permitted. Appropriate uses for land designed as medium density buffer include single family to fourplex dwellings, existing convenience commercial, open space, or commercial accessory uses that meet the landscape requirements for buffering between differing uses. The intent of the medium density buffer designation is to preserve and protect the residential character of the adjacent neighborhood. 9 0 ?-r • CITY OF RICHFIELD, MINNESOTA Council Letter No. 310 Agenda November 8, 1993 Issue Statement: Purchase in excess of $5,000 for range balls for the Rich Acres driving range. 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. Rich Acres purchases approximately 2,000 dozen driving range balls each season. Quotations were obtained from four vendors: S a? lding Wilson Titleist Maxfli Retail Cost per Dozen $6.30 $6.25 $6.00 $5.95 Freight/Delivery Cost Free Free 1M/doz. Free Other Considerations 100 doz. Nome Logo Set up & free balls price logo extra included 50X/doz. Net Price Per Dozen $5.99 $6.25 $6.10 $6.45 It is the opinion of the Rich Acres staff that the Spalding Super Range Edition range ball is one of the highest quality range balls available on the market today. Spalding quality and service are the best in the business. The two most important aspects of a successful driving range are quality of turf and quality of range balls. The cost of the Spalding range ball is competitive with other brands. Wilson, Titleist and Maxfli range balls are all more costly. The Rich Acres patrons have appreciated the availability of the Rich Acres custom Spalding range balls. Recommended Motion: Approve the 1994 purchase of Rich Acres Golf Course range balls from Spalding in the amount of $11,970. Basis of Recommendation: 1. Cost is competitive. 2. Quality and service is superior. • 3. Terms are good (free shipping and discounting). 4. There are sufficient funds in the Golf Course Enterprise Fund to cover this purchase. 3F, I Alternative Recommendation: 1. The Council could choose not to purchase range balls for the 1994 season. 2. The Council could select another supplier, though they are more costly and of a lower quality. 3. The Council could direct staff to look for alternatives, although staff believes this is the best choice. Discussion/Decision Mode: This item is on the consent calendar of the November 8, 1993 regular City Council meeting. Staff is asking for approval at this time so that a timely purchase can be made. Respec u submitted, James rosser City M n er JDP:ds • 3L CITY OF RICHFIELD, MINNESOTA Council Letter No. 309 Agenda November 8, 1993 Issue Statement: Purchase in excess of $5,000 for asphalt paths at the Rich Acres Golf Course. Background: The City Council policy resolution in 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 cart paths around the Rich Acres Clubhouse need asphalting to finish off the asphalt cart path work for the entire golf course. Completion of these paths will reduce erosion problems from the existing gravel paths and reduce dusty conditions on dry, windy days. Staff has obtained quotations for the proposed work. The basic work calls for placing a 2" asphalt surface using the existing base. However, prices were also provided, in the event certain work is needed, for additional excavation to a 4" depth (Option A) and for additional limestone class 5 base (Option B). The work is to be completed in the spring of 1994. Obtaining • quotations at this time allows more competitive figures than does waiting until spring. Authorization to purchase at this time for 1994 allows work to begin earlier in the season. The following quotes have been received: Vendor 4" Limestone Basic Base Unit Excavation Class 5 Base Vendor Cost Estimate Option A Option B Plebal $ 9,580 2,078 sy $4.50/sy $11.00/ton Bittanirmus Roadways $ 7,124 2,100 sy $1.76/sy $10.96/tore Barber Construction $11,200 2,183 sy $2.00/sy $10.00/ton Recommended Motion: Approve the purchase of the asphalting for the golf cart paths at a cost of $7,124 from Bituminous Roadways, Inc. Basis of Recommendation: 1. The project will complete the Rich Acres golf cart path system and enhance the operation. 2. The golf cart paths are needed to reduce the erosion problem with the existing rock paths. • 3. The quality of work by the contractor is of a high quality. 4. There are sufficient funds in the Golf Course Enterprise Fund to cover this expanse. The work has been included in the 1994 budget. Alternative Recommendation: 1. The Council could choose to continue with the existing conditions. 2. The.Council could select another contractor. However, the costs of other contractors were investigated and proved to be more costly. Discussion/Decision Mode: This item is scheduled for consent calendar of the November 8, 1993 regular City Council meeting. y submitted, RespVaager Jameosser City JDP:ds U • S-b CITY OF RICHFIELD, MINNESOTA Council Letter No. 308 Agenda November 8, 1993 Issue Statement: Setting date of hearing for the renewal of pawnbroker and secondhand goods licenses. Background: The pawnbroker and secondhand goods licenses will expire on January 1, 1994. City ordinance provides that the City Council conduct a public hearing to consider all pawnbroker and secondhand goods license renewals. Recommended Motion: Schedule December 13, 1993 as the date to hold public hearings on the renewal of pawnbroker and secondhand goods licenses for The Gun Shop and Pawnbroker; and Plaza Pawn. Basis for Recommendation: 1. Hearings must be scheduled and held before a renewal license may be considered. 2. The renewal process has been initiated. 3. Holding the public hearings on December 13 will provide ample • time to complete the licensing process before January 1, 1994. Alternative Recommendation: 1. Schedule the hearings for another date. However, this may delay the licensing process. Discussion/Decision Mode: Action to schedule the public hearings on November 8, 1993 will provide sufficient time for legal publication of the hearings. Respectfully submitted, Jame Prosser City nager JDP:ds 0 ,3c- CITY OF RICHFIELD, MINNESOTA . Council Letter No. 307 Agenda November 8, 1993 Issue Statement: Setting date of hearing for the renewal of wine licenses. Background: The wine licenses for restaurant establishments will expire on January 1, 1994. City ordinance provides that the City Council conduct a public hearing to consider all wine license renewals. Recommended Motion: Schedule December 13, 1993 as the date to hold public hearings on the renewal of wine licenses for Miller's Fireside Pizza; Silver Spoon Restaurant; and Davanni's Pizza and Hot Hoagies. Basis for Recommendation: 1. Hearings must be scheduled and held before a renewal license may be considered. 2. The renewal process has been initiated. 3. Holding the public hearings on December 13 will provide ample time to complete the licensing process before January 1, 1994. • Alternative Recommendation: 1. Schedule the hearings for another date. However, this may delay the licensing process. Discussion/Decision Mode: Action to schedule the public hearings on November 8, 1993 will provide sufficient time for legal publication of the hearings. y submitted, Jame%. Prosser City anager JDP:ds ?e CITY OF RICHFIELD, MINNESOTA • Council Letter No. 306 Agenda November 8, 1993 Issue Statement: Setting date of•hearing for renewal of on-sale liquor licenses. Background: The on-sale liquor licenses for restaurant establishments will expire on January 1, 1994. City ordinance provides that the City Council conduct a public hearing to consider all liquor license renewals. Recommended Motion: Schedule December 13, 1993 as the date to hold public hearings on the renewal of liquor licenses for Chi Chi's Mexican Restaurante; The Ground Round; Khan's Mongolian Barbecue; American Legion Post No. 435; VFW Post No. 5555; and Champps of Richfield. Basis for Recommendation: 1. Hearings must be scheduled and held before a renewal license may be considered. 2. The renewal process has been initiated. 3. Holding the public hearings on December 13, 1993 will provide . ample time to complete the licensing process before January 1, 1994. Alternative Recommendation: 1. Schedule the hearings for another date. However, this may delay the licensing process. Discussion/Decision Mode: Action to schedule the public hearings on November 8, 1993 will provide sufficient time for legal publication of the hearings. Respect ly submitted, Jam s Prosser Cit' anager JDP:ds 0 CITY OF RICHFIELD, MINNESOTA . Council Letter No. 305 Agenda November 8, 1993 Issue Statement: Authorization to purchase 7642-44 Oakland Avenue; 77th Street Project. Background: On June 28, the City Council established just compensation and authorized the purchase of three double bungalows. Two of the three have been purchased at the initial offering amount. The owner of this third double,unit rental property has previously demanded an additional $7,000 above the offer to cover an unexpected tax loss due to the sale of this property. Recently, the owner has agreed to accept $1,500 above the initial offer of $119,000 as compensation for his property. To meet the construction schedule for Phase II, this property must be closed or condemnation proceedings initiated during November 1993. Recommended Motion: Adopt the attached resolution which authorizes the purchase of this property at $120,500 and the City Manager and Mayor to execute a purchase agreement in this amount. • Basis of Recommendation: 1. The proposed purchase price is 1.3% above the offer. 2. Either a closing must be held or condemnation initiated in November. 3. The proposed purchase price is far below the cost of initiating condemnation. 4. MnDOT and FHWA procedures were followed. 5. Project funds are available. Alternative Recommendation: 1. Delay action. 2. Direct staff to another alternative. Discussion/Decision Mode: Approval will make it possible to proceed in a timely manner. Respe y submitted, • James Prosser City ager JDP:ds -?P-i • RESOLUTION NO. THE CITY OF RICHFIELD, MINNESOTA RESOLUTION AUTHORIZING PURCHASE OF REAL PROPERTY 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 located at 7642-44 Oakland Avenue South, being described as follows: Lot 7, Block 3, Mattson Heights 3rd Addition Hennepin county, Minnesota; and WHEREAS, on June 28, 1993, the City did set and approve just compensation for said real property in the amount of $119,000.00; and WHEREAS, said property is a double bungalow residence with tenants currently residing on premises whose occupancy will cease at various times after closing; and WHEREAS, the owner accepted the City's offer of $120,500 and acceptance of said offer avoids the necessity of initiating condemnation to obtain title in a timely manner. • NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield, Minnesota as follows: 1. That it is in the best interest of the City and this project to pay the owner additional compensation of $1,500. 2. That the City Manager and Mayor are authorized to execute a purchase agreement for the amount.of purchase not to exceed $120,500. Adopted by the City Council of the City of Richfield, Minnesota this 8th day of November, 1993. Martin J. Kirsch, Mayor ATTEST: Thomas P. Ferber, City Clerk 0