10-25-93 agendaCITY OF RICHFIELD, MINNESOTA
MONDAY, OCTOBER 25, 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 11, 1993 AND (2) SPECIAL CITY COUNCIL MEETING OF OCTOBER 13,
1993
PRESENTATIONS
1. OPPORTUNITY FOR PERSONS TO ADDRESS THE COUNCIL ON ITEMS NOT
LISTED ON THE AGENDA.
2. PRESENTATION OF CHECK FROM RICHFIELD CRIME FUND AND CERTIFICATE
OF APPRECIATION FROM RICHFIELD PUBLIC SAFETY TO TODD M.
SHACKELFORD FOR HIS PART IN APPREHENSION OF PURSE SNATCHER
• COUNCIL LETTER NO. 295
AGENDA APPROVAL
3. 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.
4A. CONSIDERATION OF APPROVAL OF REQUEST FOR ONE YEAR EXTENSION TO
LOT WIDTH VARIANCE FOR 6926 CHICAGO AVENUE C.L. 296
B. CONSIDERATION OF APPROVAL OF RESOLUTION GRANTING APPROVAL FOR
SUPER CASH, 6417 LYNDALE AVENUE, TO OPERATE CURRENCY EXCHANGE
BUSINESS IN CITY OF RICHFIELD C.L. 297
C. CONSIDERATION OF APPROVAL OF PURCHASE IN EXCESS OF $5,000 FOR AN
ADDITIONAL 500 TON OF ROCK SALT FROM NORTH AMERICAN SALT FOR
TOTAL PURCHASE PRICE OF $12,830 C.L. 298
D. ESTIMATE #5 PAYMENT FOR SITE CONSTRUCTION AT JEFFERSON PARK, CP
878; VEIT & COMPANY, INC.; $3,480.98
E. ESTIMATE #1 PAYMENT FOR INSTALLATION OF IRRIGATION SYSTEM AT RICH
ACRES GOLF COURSE; NORTHERN IRRIGATION SYSTEMS, INC.; $40,396.61
PUBLIC HEARINGS
5. PUBLIC HEARING REGARDING REQUEST FOR AMENDED FINAL DEVELOPMENT
PLAN/CONDITIONAL USE PERMIT TO ALLOW CONSTRUCTION OF MEDICAL
OFFICE BUILDING AT 407 WEST 66TH STREET
COUNCIL LETTER NO. 299
6. PUBLIC HEARING AND SECOND READING OF INTERIM ORDINANCE FOR
PURPOSE OF PROTECTING PLANNING PROCESS AND HEALTH, SAFETY AND
WELFARE OF CITY RESIDENTS, AND REGULATING AND RESTRICTING
DEVELOPMENT OF ADULT USES WITHIN THE CITY
COUNCIL LETTER NO. 300
ADMINISTRATIVE REPORTS & OTHER BUSINESS
7. CONSIDERATION OF MAYOR'S APPOINTMENT OF HOUSING AND
REDEVELOPMENT AUTHORITY COMMISSIONER
COUNCIL LETTER NO. 301
8. CONSIDERATION OF AGREEMENTS FOR REDEVELOPMENT OF WASHINGTON PARK;
LANDSCAPE ARCHITECT AND BUILDING ARCHITECT
COUNCIL LETTER NO. 302
0 AIRPORT BUSINESS
9. AIRPORT STATUS REPORT
77TH STREET PROJECT BUSINESS
10. CONSIDERATION OF COOPERATIVE AGREEMENT BETWEEN MINNESOTA
DEPARTMENT OF TRANSPORTATION AND CITY OF RICHFIELD FOR
REIMBURSEMENT OF PRELIMINARY ENGINEERING, RIGHT OF WAY AND
DEMOLITION COSTS INCURRED ON PHASE I OF 77TH STREET
COUNCIL LETTER NO. 303
11. 77TH STREET PROJECT STATUS REPORT
12. LEGISLATIVE REPORT
COUNCIL CHOICE
13. COUNCIL DISCUSSION ITEMS
14. CLAIMS AND PAYROLLS
is 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.
CITY OF RICHFIELD, MINNESOTA
Council Letter No. 301/
Agenda October 25, 1993
Issue Statement:
Ratification of contract for asbestos clean up at the Ice Arena
and authorization for completion of the asbestos removal.
Background:
The City was advised on Wednesday, October 20 of asbestos in the
roofing materials being removed at the Richfield Ice Arena. Some
of the materials were already on the ground around the arena.
The Pollution Control Agency (PCA) advised the City on Friday,
October 22 that it was necessary to remove the materials from the
ground as soon as possible and that the City would be subject to
a fine if this removal was not initiated immediately.
Safe Air Systems, Inc. was authorized to initiate clean up of the
asbestos materials on the ground at their quoted price of $15,500
to $20,000. Because of the need to initiate abatement
immediately, the Council was informed in Council Memorandum No,
95 of the steps taken to date and of the need to ratify the
contract with Safe Air Systems, Inc. at the October 25 meeting.
In addition to the work already initiated, it is necessary to
remove and dispose of the remaining asbestos roof materials.
• Safe Air Systems, Inc. can continue the work they have initiated.
Their price for labor, materials, sales tax, disposal, air
monitoring and asbestos specific liability insurance to the
complete the asbestos removal is $39,750. Work to be performed
by G & B Construction under the current contract for re-roofing
the Ice Arena will be cost adjusted for work performed by Safe
Air Systems, Inc.
Recommended Motion:
Ratify a contract with Safe Air Systems, Inc. for clean up of
asbestos materials on the ground of the Richfield Ice Arena for a
price of $15,500 to $20,000 and authorize a contract in the
amount of $39,750 to complete the removal of remaining asbestos
roof materials.
Basis of Recommendation:
1. The clean up work needed to be initiated immediately.
2. The remaining asbestos roof materials must be removed. The
existing re-roofing contract with G & B Construction will be
cost adjusted for work performed by Safe Air Systems, Inc.
3. Safe Air Systems, Inc. is a competent contractor for removal
of asbestos.
. Alternative Recommendation:
None.
• Discussion/Decision Mode:
This item is on the October 25, 1993 Council agenda. Action is
requested at this time.
Re ly submitted,
rosser
JaTMAinapger
CiJDP:cak
•
0
RESOLUTION NO.
A RESOLUTION AUTHORIZING THE AWARD OF A
CONTRACT FOR REMOVAL OF ASBESTOS MATERIALS ON
AN EMERGENCY BASIS AND WITHOUT COMPETITIVE
BIDDING
WHEREAS, the City has undertaken a project to remove and replace the roof
on the Richfield Ice Arena, which project was awarded to G & B Construction, Inc.
after competitive bidding; and
WHEREAS, on October 20, 1993, in the course of performing its work under
the contract, G & B Construction, Inc. and the City discovered that the roofing
materials on the Richfield Ice Arena contained asbestos; and
WHEREAS, the Minnesota Pollution Control Agency advised the City on
October 20, 1993, that the City was required to immediately remove the asbestos-
containing roof materials in compliance with applicable regulations and further
advised the City that failure to immediately commence asbestos abatment would
subject the City to a substantial fine; and
WHEREAS, G & B Construction, Inc. does not have the capability to perform
asbestos abatement in compliance with applicable regulations; and
WHEREAS, on October 20, 1993, the City obtained a quote from Safe Air
Systems, Inc. for the performance of the asbestos abatement work in the amount of
• $15,500 to $20,000 for removal of asbestos materials on the ground and $39,750 for
removal of the asbestos materials remaining on the ice arena roof; and
WHEREAS, Safe Air Systems, Inc. is qualified to perform the asbestos
abatement work and was available to commence work immediately; and
WHEREAS, the Richfield City Charter provides that contracts for the repair
or alteration of real property in excess of $15,000 must be competitively bid, unless
the Council shall otherwise provide by resolution.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
RICHFIELD, MINNESOTA:
1. The discovery of the asbestos roofing materials on the Richfield Ice Arena was
unanticipated and presented an emergency situation, for the following
reasons:
a. State and federal laws required immediate abatement of the asbestos,
under penalty of significant fines.
b. The presence of asbestos materials, in a friable condition, presented a
potential health hazard, which required immediate action.
c. A portion of the ice arena roof has been removed, and the structure is
exposed to damage from the elements, which requires prompt action to
complete the removal of asbestos materials so that the roof can be
. replaced under the existing contract with G & B Contractors, Inc.
2. Due to the existence of this emergency, it is not practical, prudent, or in the
public interest to competitively bid the contract for removal of the asbestos-
containing roof materials according to Section 6.05 of the City Charter or
Minnesota Statutes, Section 471.345.
3. The City Council hereby ratifies the contract to Safe Air Systems, Inc. for
clean up of asbestos materials on the ground of the Richfield Ice Arena in an
amount not to exceed $20,000 and further awards a contract in the amount of
$39,750 to Safe Air Systems, Inc. for removal of the remaining asbestos roof
materials.
Adopted this 25th day of October, 1993
Martin J. Kirsch, Mayor
ATTEST:
Thomas P. Ferber, City Clerk
C?
2
?o
. CITY OF RICHFIELD, MINNESOTA
Council Letter No. 303
Agenda October 25, 1993
Issue Statement:
Consideration of a Cooperative Agreement between Minnesota
Department of Transportation and the City of Richfield for
reimbursement of preliminary engineering, right of way and
demolition costs incurred on Phase I of 77th Street.
Background:
A cooperative agreement describes the State of Minnesota's
funding contribution toward the reconstruction of 77th.Street.
On May 10, 1993 the City Council approved the first cooperative
agreement for the construction contract with Shafer Contracting
Co. for Phase I of the 77th Street Project. The agreement was
between the Minnesota Department of Transportation (MnDOT) and
the City of Richfield.
This second cooperative agreement is needed to recover all
remaining costs on Phase I incurred up to June 30, 1993 by the
City of Richfield. These costs cover the following activities:
preliminary engineering; right of way acquisition; demolition;
and related administrative expenses.
Under the terms
is federal highway
the City 25% of
will be used to
funds. A draft
letter and need;
of the cooperative agreement, the local share for
funds is 20%. MnDOT agrees to contribute 75% and
the local share. The same 75$/25$ cost split
pay for costs that are ineligible for federal
of the Cooperative Agreement is attached to this
s to be revised before the agreement is signed.
MnDOT staff is reviewing several minor revisions to the document
as requested by City staff. The appropriate City officials will
sign the agreement in its final form.
If approved by both the City and MnDOT, the City of Richfield
will receive credit for $2.2 million in right of way costs
incurred prior to federal approval of the project and be
reimbursed by MnDOT for an additional $1.3 million of subsequent
costs associated with Phase I of the 77th Street Project. See
attached project budget for additional information on costs and
financing.
Recommended Motion:
Approve the attached resolution authorizing appropriate City
officials to sign the agreement.
Basis of Recommendation:
1. The Cooperative Agreement provides the state share of
financing of the 77th Street Project and is necessary before
the City can request reimbursement from MnDOT for certain
costs incurred on Phase I.
/D-1
2. The Cooperative Agreement is consistent with all prior
agreements between MnDOT and the City on financing the 77th
Street Project.
Alternative Recommendation:
None. The proposed agreement is consistent with the City's
request for MnDOT financial participation in the 77th Street
Project.
Discussion/Decision Mode:
A decision is needed on this agreement before the City can
request state reimbursement of certain costs on Phase I of the
77th Street Project.
Respect ully submitted,
Jam s D. Prosser
Cit anager
JDP:ds
Attachments
is
ID -c?
RESOLUTION NO.
RESOLUTION OF THE CITY OF RICHFIELD
APPROVING AGREEMENT NO. 71938 WITH THE STATE OF MINNESOTA
DEPARTMENT OF TRANSPORTATION REGARDING THE 77th STREET PROJECT
WHEREAS, the Minnesota Department of Transportation (MnDOT)
and the City of Richfield (City) negotiated a Cooperative
Agreement on the 77th Street Project (Project) that describes the
payment of the State's share of the preliminary engineering,
right of way acquisition, demolition and related administrative
costs; and
WHEREAS, the Cooperative Agreement is essential for the City
of Richfield to finance the construction of Phase I of 77th
Street.
NOW, THEREFORE, BE IT RESOLVED, that the Mayor and City
Manager are hereby authorized to approve Agreement No. 71398 with
the State of Minnesota, Department of Transportation to provide
for payment by the State to the City of Richfield of the State's
share of the preliminary engineering, right of way acquisition,
demolition and related administrative costs incurred by the City
to be performed upon, along and adjacent to Municipal State Aid
Street No. 108 (77th Street) from Engineer Station 1+59.46 (Trunk
Highway No. 35W) to Engineer Station 133+70 (Cedar Avenue) within
the City of Richfield under State projects No. 2785-277 (T.H.
494=393) and No. 157-108-04, No. 157-108-05, No. 157-108-07, No.
157-108-08, No. 157-108-09, No. 157-108-17, and No. 157-108-18,
and State Aid projects No. 157-108-02 and No. 157-108-03.
Adopted this 25th day of October, 1993.
Martin J. Kirsch Mayor
Attest:
Thomas P. Ferber City Clerk
0
/03
PRE-LETTING STATE OF MINNESOTA AGREEMENT NO.
SERVICES DEPARTMENT OF TRANSPORTATION
SECTION COOPERATIVE CONSTRUCTION 71398
AGREEMENT
S.P 2785-278 (T.H. 494=393)
State Funds
Agreement between
The State of Minnesota
Department of Transportation, and
The City of Richfield
Re: State lump sum payment for the
right-of-way acquisition and
clearance performed by the City
on M.S.A.S. 108 (77th Street)
from T.H. 35W to T.H. 77 (Cedar
Avenue) in the City of Richfield
ORIGINAL
AMOUNT ENCUMBERED
$3,493,041.43
AMOUNT RECEIVABLE
(None)
THIS AGREEMENT is made and entered into by and between the State of
Minnesota, Department of Transportation, hereinafter referred to as
the "State", acting by and through its "Commissioner", and the City
41 of Richfield, Minnesota, acting by and through its City Council,
hereinafter referred to as the "City".
1c)-q
0
WITNESSETH:
71398
WHEREAS the City has performed right-of-way acquisition and clearance
upon, along and adjacent to Municipal State Aid Street No. 108
(77th Street) from Engineer Station 1+59.46 (Trunk Highway No. 35W)
to Engineer Station 133+70 (Trunk Highway No. 77/Cedar Avenue) within
the corporate City limits under State Projects No. 157-108-02,
No. 157-108-03, No. 157-108-04, No. 157-108-05, No. 157-108-07,
No. 157-108-09, No 157-108-17 and No. 157-108-18 and State Aid
Project No. 157-108-08, and designated in the records of the Federal
Highway Administration as Minnesota Project HPD 9203 (001); and
• WHEREAS 77th Street will serve as a detached frontage road for Trunk
Highway No. 494 after the reconstruction of Trunk Highway No. 494,
the State shall share in the costs of right-of-way acquisition and
clearance which were performed upon, along and adjacent to Municipal
State Aid Street No. 108 (77th Street) from Engineer Station 1+59.46
(Trunk Highway No. 35W) to Engineer Station 133+70 (Trunk Highway
No. 77/Cedar Avenue); and
WHEREAS the right-of-way acquisition and clearance which have been
performed under State Projects No. 157-108-04, No. 157-108-05, No.
157-108-07, No. 157-108-09, No. 157-108-17, and No. 157-108-18 have
been approved for Federal-aid funds participation at the rate of 80
percent and the costs of the applicable State and City cost
participation construction covered under this agreement have been
2
ID
71398
reduced by the Federal-aid funds received by the State for
right-of-way acquisition and clearance costs; and
WHEREAS funds which have already been expended by the City for this
project are recognized as satisfying the City's obligation for the
City's share of the project costs, in accordance with the letter of
intent from William M. Crawford, the State's Metropolitan Division
Engineer, to Jim Prosser, City Manager, dated May 20, 1992; and
WHEREAS the City has requested participation by the state in the cost
of the right-of-way acquisition and clearance in the lump sum amount
of $3,493,041.43 as its full payment for the right-of-way acquisition
• and clearance costs which were performed through June 30, 1993, under
State Projects No. 157-108-02, No. 157-108-03, No. 157-108-04,
No. 157-108-05, No. 157-108-07, No. 157-108-09, No 157-108-17 and
??
No. 157-108-181 a:-Rd State Aid Project No. 157-108-081 and
ATTf1?6-&^, t_4? F-i-AS; av,-L
WHEREAS the State will pay the City the lump sum amount of
$3,493,041.43, under State Project No. 2785-278 (T.H. 494=393), as
its full payment for the right-of-way acquisition and clearance costs
which were performed through June 30, 1993, under said projects; and
WHEREAS an existing State Aid agency agreement between the City and
the Commissioner provides for the Commissioner to accept both City
and associated Federal-aid funds made available for the right-of-way
acquisition and clearance; and
3
71398
0
WHEREAS Minnesota Statute section 161.20, subdivision 2 authorizes
the Commissioner of Transportation to make arrangements with and
cooperate with any governmental authority for the purpose of
constructing, maintaining and improving the trunk highway system.
IT IS, THEREFORE, MUTUALLY AGREED AS FOLLOWS:
ARTICLE I - PAYMENT BY THE STATE
As the State's full and complete share of the right-of-way
acquisition and clearance costs incurred by the City through June 30,
1993, the State shall pay to the City a lump sum amount for the
State's and the City's shares of the right-of-way acquisition and
• clearance.
The City's share of the right-of-way acquisition and clearance costs
is $873,260.36 and the State's share is $2,619,781.07. The State
will pay the City the lump sum amount of $3,493,041.43, under State
Project No. 2785-278 (T.H. 494=393), as its full payment for the
right-of-way acquisition and clearance costs which were performed
through June 30, 1993 under State Projects No. 157-108-02,
No. 157-108-03, No. 157-108-04, No. 157-108-05, No. 157-108-07,
No. 157-108-09, No 157-108-17? and No. 157-108-18J efftd State Aid
Project No. 157-108-08,
The State shall advance to the City the lump sum amount after the
• following conditions have been met:
4
/Q -
71398
1. Execution and approval of this agreement and the State's
transmittal of same to the City.
2. Encumbrance by the State of the State's full and complete lump
sum payment amount.
3. Receipt by the State of a written request from the City for the
advancement of funds.
ARTICLE II - GENERAL PROVISIONS
Section A. Nondiscrimination
The provisions of Minnesota Statute section 181.59 and of any
applicable ordinance relating to civil rights and discrimination
shall be considered part of this agreement as if fully set forth
herein.
Section B Agreement ADDroval
Before this agreement shall become binding and effective, it shall be
approved by a resolution of the City Council and receive approval of
State and City officers as the law may provide in addition to the
Commissioner or his authorized representative. '
5
/D^8
71398
IN TESTIMONY WHEREOF the parties have executed this agreement by their
authorized officers.
DEPARTMENT OF TRANSPORTATION CITY OF RICHFIELD
Recommended for approval:
By
By
Director
Pre-Letting Services Section
Mayor
Date
BY
Division Engineer
Approved:
•By
State Design Engineer
Date
(Date of Agreement)
OFFICE OF THE ATTORNEY GENERAL
Approved as to form and execution:
By
Special Asst. Attorney General
r?
U
By
City Manager
Date
DEPARTMENT OF ADMINISTRATION
Approved:
By
(Authorized Signature)
i
Date
4
i
4
DEPARTMENT OF FINANCE
Approved:
(Authorized,Signature)
By
Date
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(CITY OF RICHFIELD Fri Oct 15, 1993 8:29 AM
(BUDGET FOR PHASES I, II AND III OF 77TH STREET RECONSTRUCTION
PHASE I COSTS SOURCE OF FUNDS
----------
--------------
-----------------
RIGHT OF WAY ---------------------
$5,632,786 ---------
FEDERAL 80% $20,840,000
CONSTRUCTION $6,877,150 STATE 15% $5,210,000
'.OTHER EXPENSES $3,977,538 MSAS 5% $2,344,476
----------------- --------------------- CITY $244,679
SUB-TOTAL $16,487,474 ----------------- ---------------
TOTAL $28,639,155
PHASE II
----
-----------------
RIGHT OF WAY -----------------
$4,359,268
CONSTRUCTION $8,000,000
OTHER EXPENSES $1,600,000
-------
-----------------
SUB-TOTAL --------------
$13,959,268
TOj&, FOR PHASES I & II $30,446,742
PHASE III
---
----------------
RIGHT OF WAY -------------------
$5,402,000
CONSTRUCTION $10,000,000
OTHER EXPENSES $1,000,000
--------
----------------
SUB-TOTAL --------------
$16,402,000
TOTAL FOR ALL PHASES $46,848,742
NOTE: THE CITY OF RICHFIELD HAS ALREADY SPENT $2,344,475.76 ON THE
PROJECT. FEDERAL/STATE/CITY SHARE TO BE SPLIT 80/15/5% RESPECTIVELY.
SO, STATE WILL PICK UP ENTIRE LOCAL SHARE AT LEAST THROUGH PHASE II.
77BUDGET RANGE A1..E36 FONT 12
0
8
• CITY OF RICHFIELD, MINNESOTA
Council Letter No. 302
Agenda October 25, 1993
Issue Statement:
Agreements for redevelopment of Washington Park: landscape
architect and building architect.
Background:
The City Council has determined that neighborhood park
redevelopment will take place at Washington Park, vicinity of
77th Street and 18th Avenue, in 1994. Funding for the project is
$340,000 from the Special Revenue Fund and $100,000 from the 77th
Street Project. To complete this project in 1994, it is
advisable to begin design work this year.
Staff has negotiated an agreement with Laurie McRosti of Orr-
Schelen-Mayeron Associates, Inc. (OSM) for site and park
equipment improvements traditionally associated with landscape
architecture and civil engineering. OSM proposes to provide
services, including design,,construction document and
construction phases, for Washington Park site improvements with
the consultant fee not to exceed $22,350, approximately 8% of the
estimated construction contract amount.
• Staff has negotiated an agreement with Richard Schwarz of Schwarz
Architects for building architect services. This firm was also
the architect for the Nicollet Park project. Schwarz proposes to
provide services, including design, construction document and
construction phases, for Washington Park building and electrical
improvements with the consultant fee not to exceed $12,500,
approximately 9% of the estimated construction contract amount.
Recommended Motion:
Approve the agreements with consultants for the Washington Park
redevelopment project: Laurie McRosti, OSM, in an amount not to
exceed $22,350 for site consultant services; Richard Schwarz,
Schwarz Architects, in an amount not to exceed $12,500 for
building and electrical consultant services.
Basis of Recommendation:
1. Washington Park is scheduled for redevelopment as part of the
adopted 1994 Capital Budget.
2. Orr-Schelen-Mayeron Associates, Inc. and Schwarz Architects
are firms qualified in the field of park redevelopment.
3. The proposed agreements and fees are typical for this type of
work and are similar to recent park redevelopment agreements.
is 4. There are sufficient funds available for the two agreements.
9-1
. Alternative Recommendation:
1. Do not proceed with the Washington Park redevelopment project
now. Wait until the 1994 budget is approved. However, there
is limited time available if neighborhood meetings are to be
scheduled and construction is to take place in 1994.
2. Direct staff to seek other consultants. However, there is
limited time available if neighborhood meetings are to be
scheduled and construction is to take place in 1994.
3. Direct staff to renegotiate agreements with the recommended
firms and consultants.
Discussion/Decision Mode:
This item is scheduled for the October 25, 1993 Council meeting.
Action is requested at this time so park design meetings can be
held with the neighborhood in October and November in an effort
to begin construction as quickly as possible so the project may
be completed within the next year.
City nag
. Y g
JDP:ds
Respe tf ly submitted,
James . Prosser
is
7
CITY OF RICHFIELD, MINNESOTA
Council Letter No. 301
Agenda October 25, 1993
Issue Statement:
Council confirmation of Mayor's appointment of Housing and
Redevelopment Authority Commissioner.
Background:
The term of HRA Commissioner Larry Wozniczka will expire in
October 1993. Commissioner Wozniczka was appointed to the HRA in
1991 to fill the remaining two years of a five year term.
Under state law, the Mayor appoints HRA Commissioners subject to
confirmation of the City Council. The Mayor has indicated he
will make an appointment to the HRA for a five year term at the
October 25, 1993 Council meeting.
Recommended Motion:
Confirm the Mayor's appointment
and Redevelopment Authority for
expire in October 1998.
of a Commissioner to the Housing
a five year term which will
Basis of Recommendation:
1. An appointment needs to be made for a term which expires in
October 1993.
Alternative Recommendation:
1. Continue the appointment to a future Council meeting.
Discussion/Decision Mode:
This item has been scheduled for the October 25, 1993 Council
meeting so the appointment can be made to ensure a full
complement of members on the Housing and Redevelopment Authority.
Respectfully submitted,
J
C
JDP:cak
sser
•
• CITY OF RICHFIELD, MINNESOTA
Council Letter No. 300
Agenda October 25, 1993
Issue Statement:
Public hearing and second reading of an interim ordinance for the
purpose of protecting the planning process and the health, safety
and welfare of City residents, and regulating and restricting the
development of adult uses within the City.
Background:
On September 2.7, 1993, the City Council adopted a resolution
authorizing a study to be conducted pertaining to various types
of adult uses. A temporary moratorium was also placed on the
licensing and development of adult business uses within the City
in order to protect the planning process. It is now appropriate
for the City Council to consider an ordinance imposing a
moratorium on the development of such uses for a period of one
year. This would provide an adequate opportunity for the study
to be completed. The moratorium could be removed prior to that
time by City Council action.
Recommended Motion:
Adopt the attached interim ordinance restricting development of
adult uses within the City for a period of one year.
• Basis of Recommendation:
1. Allow adequate opportunity for the study of this issue.
2. Allow adequate opportunity for Planning Commission and City
Council consideration.
Alternative Recommendation:
The City Council may decide not to.adopt this interim ordinance.
Discussion/Decision Mode:
A public hearing and second reading is scheduled at 7:00 p.m. on
Monday, October 25, 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.
Respec fully submitted,
Jam D. Prosser
cit. anager
JDP:ds
0
6-/
ORDINANCE NO.
INTERIM ORDINANCE FOR THE PURPOSE OF PROTECTING THE PLANNING
PROCESS AND THE HEALTH, SAFETY, AND WELFARE OF CITY RESIDENTS;
AND REGULATING AND RESTRICTING THE DEVELOPMENT OF ADULT USES, AND
SIMILAR USES WITHIN THE CITY
THE CITY COUNCIL OF THE CITY OF RICHFIELD ORDAINS:
Section 1. Background.
1.01. The City's zoning ordinance does not contemplate or
adequately address the classification of adult uses and
other similar uses.
1.02. The City's zoning ordinance is unclear as to whether such
uses and other similar uses should be classified as
"retail stores", which are permitted uses in a C-2 general
commercial zoning district, or whether a new
classification should be adopted for those uses.
1.03. In addition to the proper zoning classification of such
uses, there are a number of significant planning and land
use issues pertaining to the regulation of such uses,
including the following:
• 1. The particular zoning districts in which such uses should
be allowed as either permitted or conditional uses.
2. The concentration and density of such uses in the City and
its neighborhoods.
3. The effect of such uses on other uses in the surrounding
area.
1.04. There is a need for a study to be conducted so that the
City can adopt a set of comprehensive plans and land use
zoning regulations pertaining to such uses. Such a study
will address the land use and zoning issues, including
those referenced above. The study will also address the
City's licensing regulations regarding such uses and the
extent to which the licensing regulations require
modifications in order to maintain harmony and consistency
between the zoning and licensing regulations.
1.05. There is a need for an interim ordinance to be adopted for
the purpose of protecting the planning process and the
health, safety, and welfare of the citizens of the City
and to ensure that the City and its citizens retain the
benefits of the City's comprehensive plan and zoning
ordinance until such a study has been completed. There is
a need to restrict such uses until such a study has been
completed and any modifications to the City's zoning and
land use regulations are accomplished.
b ?C)-
1.06. The City Council has directed that such a study be
undertaken.
1.07. Minnesota Statutes, section 462.355, subd. 4 (Act) permits
the adoption of interim zoning ordinances during the
planning process.
1.08. The Report of the Attorney General dated June 6, 1989 and
studies conducted by the Cities of Minneapolis, St. Paul
and Rochester have concluded that adult uses can create
adverse impacts, such as increased crime rates, lower
property values, increased transiency, neighborhood blight
and decreased stability of ownership.
Section 2. Planning and Zoning Study; Moratorium.
2.01. A study is authorized to be conducted by City staff to
determine how such adult uses, and other similar uses
should be regulated within the City. The scope of the
study should include, but is not limited to, the
following:
a. the particular zoning districts in which such uses should
be allowed as either permitted uses or conditional uses;
0 b. the density and concentration of such uses;
C. the effect of such uses on other uses in the surrounding
area;
d. the need, if any, for modifications to the licensing
regulations regarding adult uses and similar uses.
2.02. Upon completion of the study, the matter is to be
considered by the Planning Commission for its review and
recommendation to the City Council.
2.03. A moratorium on the development of adult uses and other
similar uses is adopted pending completion of the study
and the adoption of any amendments to the City's zoning
ordinance. No license or building permit may be issued
for such uses or for the expansion of any existing use
during the moratorium period nor may any rezonings,
plattings or replattings, or land divisions or
consolidations be granted by the City for such uses during
the moratorium period. The moratorium period shall expire
on September 27, 1994 or such earlier date as may be
further adopted by ordinance. The moratorium period may
be extended for a reasonable time by ordinance, as may be
necessary to complete the study and adopt any necessary
is amendments to the City's zoning ordinance.
?-3
2.04. For the purpose of this ordinance, adult uses shall mean
all of the uses described in Section 605 of the Richfield
Ordinance Code as "Adult Oriented Services" together with
all other uses of a similar nature that are characterized
by an emphasis on, or have a substantial or significant
portion of their stock and trade devoted to, the
presentation, display, depiction or description of
"specified sexual activities" or "specified anatomical
areas." Such uses include, without limitation, adult book
stores, adult novelty stores and adult movie theaters.
2.05. For purposes of this ordinance, "specified sexual
activities" means:
1. Actual or simulated sexual intercourse, oral copulation,
anal intercourse, oral-anal copulation, bestiality, direct
physical stimulation of unclothed genitals, flagellation
or torture in the context of a sexual relationship, or the
use of excretory functions in the context of a sexual
relationship, and any of the following sexually-oriented
acts or conduct: anilingus, buggery, coprophagy,
coprophilia, cunnilingus, fellatio, necrophilia,
pederasty, pedophilia, piquerism, sapphism, zooerasty; or
2. Clearly depicted human genitals in the state of sexual
stimulation, arousal or tumescence; or
3. Use of human or animal ejaculation, sodomy, oral
copulation, coitus or masturbation; or
4. Fondling or touching of nude human genitals, pubic region,
buttocks or female breasts; or
5. Situations involving a person or persons, any of whom are
nude, clad in undergarments or in sexually revealing
costumes, and who are engaged in activities involving the
flagellation, torture, fettering, binding or other
physical restraint of any such person; or
6. Erotic or lewd touching, fondling or other sexually-
oriented contact with an animal by a human being; or
7. Human excretion, urination, menstruation, vaginal or anal
irrigation.
2.06. For purposes of this ordinance, "specified anatomical
areas" means:
1. Less than completely and opaquely covered human genitals,
pubic region, buttock, anus or female breast(s) below a
point immediately about the top of the areola; and
2. Human male genitals in a discernible turgid state, even if
completely and opaquely covered.
6-4
0 Section 3. Effective Date.
This ordinance is effective in accordance with Section 3.09
of the Richfield City Charter.
Passed by the City Council of the City of Richfield, Minnesota
this 25th day of October, 1993.
Martin J. Kirsch, Mayor
ATTEST:
Thomas P. Ferber, City Clerk
U
s
CITY OF RICHFIELD, MINNESOTA
Council Letter No. 299
Agenda October 25, 1993
Issue'Statement:
Request for an amended final development plan/conditional use permit to
allow construction of a medical office building at 407 West 66th Street.
Background:
Richfield State Agency, 6625 Lyndale Avenue, is requesting an amended
final development plan and conditional use permit to allow construction
of a satellite medical clinic for Abbott Northwestern Hospitals.
The existing one story, 7000 square foot office building at this
location would be removed. The medical office building would have two
stories above grade, each containing 10,000 square feet. A partial
basement for building utilities and storage would contain another 5,000
square feet: Parking would be reconfigured and expanded.
The property is properly zoned PC-2, which is a planned unit development
for general commercial uses, including medical office buildings.
Recommended Motion:
Approve the request for an amended final development plan/conditional
use permit with the following stipulations:
1. That the location of the proposed automated teller machine be
subject to staff approval.
2. That the parking lot south of 67th Street be screened in compliance
with the City's landscape and screening standards.
3. That a cash escrow agreement be submitted for all required landscape
improvements before building permits are issued.
4. That if parking demand exceeds capacity, as determined by the City
Council, additional off-street parking will be provided.
Basis of Recommendation:
1. The original proposal included relocating the Grand Avenue curb cut
south to the middle of the block. Neighbors on the east side of
Grand Avenue objected because of traffic concerns. Two mediation
sessions resulted in a plan modification which moved this curb cut
back to the northern end of the block, about 70 feet south of its
current location. The medians in the street would be eliminated,
however, the two-way curb cut would have a divider island. The exit
on Grand Avenue would be skewed toward 66th Street and would be
signed for "no right turn." This should help to direct most of the
traffic back to 66th Street, rather than cutting through the
neighborhood. Additional landscaping and screening would be
provided on the east side of Grand for the neighbor opposite the
curb cut.
2. The north parking lot which serves McDonald's would no longer have
direct access to the south parking area or Grand Avenue. However,
pedestrian access would be provided between this parking lot and the
medical office building.
5-1
3. Screening along Grand Avenue would remain consistent with the
existing berming and landscape plantings. The buffer yard along the
southern portion of Grand Avenue would be widened from 15 feet to 50
feet.
4. The plan includes several improvements to manage the quality and
quantity of storm water run-off. The drainage and grading plan
include a grassy swale in the landscaped area in the southeast area
of the site. This swale will slow down the flow rate and clean
parking lot run-off before it enters the storm sewer. The drainage
plan has been approved by the Engineering Division.
5. The facade of the proposed building would match the existing bank
building.
6. The parking study conducted by Walker Parking Consultants indicates
that about 428 parking spaces would be needed to meet the peak
parking demand for all the users (e.g., restaurant, bank, proposed
clinic) on the site. The plans indicate that 418 off-street parking
spaces would be provided on the bank site. Another 59 parking
spaces would be available for employee parking in the parking lot
south of 67th Street, for a total of 477 off-street spaces provided.
In addition, the bank drive-up teller provides stacking space for
about 23 cars, bringing total capacity to about 500 cars. The City
would normally require 543 parking spaces if the uses were reviewed
individually. A shared parking concept such as this, however,
allows a reduction from the normal parking standards because the
peak parking demand for the different users tends to occur at
different times.
7. On September 28, 1993, the Planning Commission voted unanimously to
recommend approval, stipulating that mediation should be used to
resolve the Grand Avenue curb cut issue. This stipulation was met.
There was not, however, complete resolution of all mediation issues
raised. Some property owners along Grand Avenue to 67th Street
believe they should be reimbursed for any reduction in value caused
by the erection of a two story building in place of the single story
building.
Alternative Recommendation:
Deny the request with a finding that the proposal would have an adverse
impact on surrounding properties or the City as a whole.
Discussion/Decision
A public hearing is
The hearing will be
Hall, 6700 Portland
Current and mailed
property.
Mode:
scheduled at 7:00 p.m. on Monday, October 25, 1993.
held in the City Council Chambers of Richfield City
Avenue. Notice of hearing was published in the Sun-
to property owners within 350 feet of the subject
Respectfully submitted,
Ja a D. Prosser
Cit Manager
JDP:ds
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CITY OF RICHFIELD, MINNESOTA
Council Letter No-298
Agenda October 25, 1993
Issue Statement:
Purchase in excess of $5,000 for salt to be used in ice control
during the 1993/94 winter season.
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.
Each year, the City purchases approximately 1,000 ton of rock
salt, which is usually mixed with sand, to control ice on road
surfaces during the winter season. On October 11, 1993, the City
Council approved the purchase of 500 ton of rock salt for a price
of $25.66/ton delivered from North American Salt, the low bidder
for this area on the State Contract. Because of a problem with
the State Contracts this year, we are unable to obtain the
additional 500 tons of sale under the State Contract.
Staff made inquiries regarding the additional 500 ton minimum
needed for the 1993/1994 winter season. The North American Salt
sales representative contacted the City on October 20 and
indicated they have available an additional 500 ton of rock salt
which they are willing to sell to the City at the State contract
price of $25.66/ton delivered. Funding for this purchase is
included in the 1993 and 1994 operating budgets for street
maintenance.
Recommended Motion:
Approve the purchase of an additional 500 ton of rock salt from
North American Salt at $25.66/ton delivered for a total purchase
price of $12,830.
Basis of Recommendation:
1. The paperwork necessary for the City to be a part of a joint
purchase agreement with Hennepin County through the State of
Minnesota was lost after leaving Richfield.
2. North American Salt offered the additional 500 ton at the
state contract price of $25.66/delivered, so the City will
have the minimum 1,000 ton of salt needed at the state
contract price.
3. North American Salt is a responsible, reliable company with
whom the City has conducted business satisfactorily in the
past.
0 4. The rock salt is needed for the upcoming winter season.
4 C-1
Alternative Recommendation:
Council could direct staff to obtain prices for the rock salt
from other distributors; however, North American Salt is offering
the City state contract prices when they are under no obligation
to do so, and staff believes the City should take advantage of
the offer.
Discussion/Decision Mode:
Staff is asking approval at
Approval at this time will
salt throughout the winter
the October 25, 1993 Council meeting.
assure smooth delivery of the needed
season.
Respectfully submitted,
Jam D. Prosser
City Manager
JDP:ds
11
48
CITY OF RICHFIELD, MINNESOTA
Council Letter No.297
Agenda October 25, 1993
Issue Statement:
Request from the State of Minnesota to review the request for a
renewal of a currency exchange license for Super Cash, 6417
Lyndale Avenue.
Background:
On September 17, 1993, the City of Richfield received
notification from the State of Minnesota Department of Commerce
of a renewal application for a currency exchange license in the
name of Super Cash located at 6417 Lyndale Avenue.
A license for this type of business is not required in the City.
However, effective on April 24, 1992, Minnesota Statute 53A.04
requires that the Department of Commerce submit any application
for licensure as a currency exchange to the governing body of the
municipality in which the business proposes to conduct business.
This law also requires the governing municipality to render a
decision regarding issuance or denial of the license within 60
days receipt of the State's notification.
The State requires that the applicant submit the following
information when applying for this type of license:
? License fees in the amount of $50.
? A current fee schedule used for cashing checks, money order's
or traveler's checks.
? A surety bond in the amount of $10,000.
? Any owner, partner, officer, director, stockholder (owning 10%
or more of the corporate stock) or any employee with the
authority to exercise management or policy control over the
company must submit to a background investigation by the
Bureau of Criminal Apprehension.
All of this information has been provided to the State of
Minnesota and a background investigation conducted by the Bureau
of Criminal Apprehension found no information on the applicants,
Donald E. and Gloria Anderson. The Anderson's reside in the City
of Bloomington.
Richfield Public Safety Department has conducted a background
investigation on the applicants., There were eight public safety
contacts with this establishment from January 1, 1993 through
September 30, 1993. They were for one burglary, three alarms,
• three forgeries and one alarm-open door/window.
Recommended Motion:
Staff recommends that the Council pass a resolution approving of
a license issued by the State of Minnesota for Super Cash, 6417
Lyndale Avenue.
Basis for Recommendation:
1. The applicant has complied with State Statute 53A.04 for a
currency exchange license with the State of Minnesota.
2. A background investigation of the applicants finds no reason
to recommend denial of the license.
Alternative Recommendation:
1. The Council could pass a resolution specifically disapproving
the license request, however, staff has determined that there
is no basis for this alternative.
Discussion/Decision Mode:
A resolution approving of the issuance of a currency exchange
license by the State of Minnesota for Super Cash, 6417 Lyndale
Avenue, is submitted for City Council consideration at this time.
Respectfully submitted,
J
C
sser
JDP:cak
C
0 RESOLUTION NO.
A RESOLUTION GRANTING APPROVAL FOR SUPER CASH,
6417 LYNDALE AVENUE, TO OPERATE A CURRENCY EXCHANGE BUSINESS
IN THE CITY OF RICHFIELD
WHEREAS, Minnesota State Statute Section 53A.04, which
became effective April 24, 1992, requires the Department of
Commerce to submit any application for licensure as a currency
exchange to the governing body of the municipality in which the
currency exchange proposes to conduct business; and
WHEREAS, the law further requires the governing municipality
to render a decision regarding issuance or denial of the license
with a sixty (60) day period; and
WHEREAS, the City of Richfield does not require a City
license for this type of business; and
WHEREAS, the Department of Public Safety has completed an
investigation of the applicants, Donald E. and Gloria Anderson,
and finds no reason to deny the issuance of a license for a
currency exchange license by the State of Minnesota, Department
of Commerce.
NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council,
0 City of Richfield, Minnesota, as follows:
1. That approval is given by the Richfield City Council for
the State of Minnesota, Department of Commerce to issue a
currency exchange license to Super Cash, 6417 Lyndale Avenue,
Richfield.
Passed by the City Council of the City of Richfield,
Minnesota this 25th day of October, 1993.
Martin J. Kirsch, Mayor
ATTEST:
Thomas P. Ferber, City Clerk
4)R
. CITY OF RICHFIELD, MINNESOTA
Council Letter No. 296
Agenda October 25, 1993
Issue Statement:
Request for a one year extension to the lot width variance for
6926 Chicago Avenue.
Background:
On October ?26, 1992, the Richfield Hearing Examiner granted a
variance at 6926 Chicago Avenue. The variance would allow
construction of a Richfield Rediscovered home on this lot, which
is 48.19 foot wide. The minimum required lot width without a
variance is 50 feet.
The HRA anticipates that the new home would be completed by June
1994.
Recommended Motion:
Approve the request for a one-year extension of the lot width
variance at 6926 Chicago Avenue.
Basis of Recommendation:
1. There are no changes.in the proposed development from that
approved by the Hearing Examiner last year.
2. If extended, the variance would expire on October 26, 1994
unless the home is completed by that time.
Alternative Recommendation:
Deny the variance extension if the circumstances of the variance
have changed.
Discussion/Decision Mode:
Consideration of this item is scheduled on the consent calendar
of the October 25, 1993 City Council meeting.
Respect ly submitted,
James D Prosser
City ager
JDP:ds
?fA-l
• ' r 6700 Portland Avenue - Richfield, Minnesota 55423-2599
City Manager Mayor Council
James D. Prosser Martin Kirsch William Bullock Michael Sandahl
Ivan Ludeman Kristal Stokes
YRRinnOE recision
CASE NO.: 92-V-7
APPLICANT: John Frederick/Richfield HRA
PROPERTY LOCATION: 6926 Chicago Avenue South
HEARING EXAMINER: Connie Murray
APPEARANCES: John Frederick, Bob Revoir, and Sarah Bouanfur
Based upon the evidence presented at the hearing, the undersigned makes the following
findings of fact, determinations, and decision:
FINDINGS OF FACT
1. Notice of public hearing was proper. Notice was published in the Sun-Current
. and mailed to property owners within 350 feet of the site as required by City
Ordinance. The ten day notice requirement was also met.
2. The street address and legal description of the property in question are as
follows: 6926 Chicago Avenue South; "Chicago Avenue Acres" Addition,
Lot 1, that part of the east one-half lying north of the south 50
feet thereof.
3. The zoning of the site in question is R-residential.
4. The variance requested is to Section 515.09, Subd. 3 of the 1987 Zoning Code.
5. The purpose for the request is to establish a buildable lot for the construction of
a new single family home on the site.
DETEPJMNATIONS
Minnesota Statutes Section 462.357, Subdivision 6, provides for the granting of
variances to the literal provisions of the zoning regulations in instances where their
enforcement would cause undue hardship to the owners of the property under
consideration.. In determining whether to grant or deny the requested variance, I
specifically make the following conclusions:
L7
The Urban Hometown
Telephone (612) 861-9700
Fax 861-9749
An Equal Opportunity Employer
q,4-?L
6926 Chicago Avenue South
Page 2
1. Would strict enforcement of the literal provisions of the ordinance cause undue
hardship, because the property could not reasonably be used under the conditions
of the official controls?
I conclude:
There is an undue hardship which denies reasonable use of the property.
Denial of the variance would preclude development of a new home on the lot.
2. Are there unique circumstances or unusual conditions affecting the property or
building which were not created by the land owner?
I conclude:
There are unique circumstances related to the property. This lot was platted at
• this size, which is substandard according to current zoning regulations. This
condition was not created by the applicant.
3. Will the granting of the variance alter the essential character of the neighborhood or
locality?
I conclude:
There would be no. adverse impacts on adjacent properties, nor would the
proposal alter the essential character of the neighborhood." The proposal would
replace the existing substandard home with a new home, which would increase
the property value of the neighborhood.
4. Are there any stipulations which must be attached to the granting of the variance to
ensure compliance and to protect adjacent properties? (If yes, specify stipulations
under "DECISION" on the next page).
I conclude: (circle and YES No
q A-3
• 6926 Chicago Avenue South
Page 3
DECISION
Based upon the determinations, the request is APP Qo V S D
STIPULATIONS:
1. That the development agreement comply with HRA requirements pertaining
to tree preservation and architectural suitability.
•
2. That any fill associated with this project not be placed in such,a manner
as to alter existing elevations or flow characteristics which results in
an adverse impact on adjacent properties.
NOTE. THIS ,VARIANCE . WILL EXPIRE ONE YEAR AFTER THE DATE ISSUED UNLESS THE
CONSTRUCTION WORK REQUIRING THE VARIANCE HAS BEEN COMPLETED.
APPEALS
Any party not in agreement with the decision of the Hearing Examiner may appeal the
decision by delivering a notice of appeal within ten days of the date the decision is
filed. The appeal shall be to the Board of Adjustment and Appeals c/o Community
Development Director, 6700 Portland' Avenue South, Richfield, MN 55423
1-d? ?- aet???
HEARING EXAMINER
CITY OF RICHFIELD
DATE: I o/a (' / 9Z
Copy: Tom Ferber, City Clerk
Bruce Nordquist, Richfield HRA
11
(1A -4
Hearing Examiner
ACTION REQUEST
Item: #1 Agenda Section: Public Hearing
Case: #92-V-7
Date: October 20, 1992
GENERAL INFORMATION
Petitioner: John Frederick/Richfield HRA
Location: 6926 Chicago Avenue South
Type of Request: Lot width variance to allow a 48.19 foot wide lot, where the minimum
zoning requirement is 50 feet.
Zoning: R-residential
Land User Single Family Residential
Comp. Plan: Single Family Residential
•
References: (see attached citation section for excerpts)
Zoning Code: Section 515.09, Subd. 3 outlines the lot width requirement in the R district.
Section 545.01-.07 outlines variance application procedures.
MN State Statute: Section 462.357, Subd. 6(2) outlines variance procedures and conditions.
ACTION
Proposed Change: The variance would allow redevelopment of this property with a new single
family home.
?S_
Approve the lot width variance with stipulations.
HISTORY
Public Notice: Published in Sun Current and mailed to property owners within 350 feet of
subject property.
Hearing
Examiner: A public hearing is scheduled for October 20, 1992, in the Large
Conference Room, Richfield City Hall, 6700 Portland Avenue South.
Planning
Commission: Not applicable.
City Council: To be scheduled, if required.
yA-S
• ANALYSIS
Background: The original platting of this lot occurred in 1925. The lot is 48.19 feet wide
by 130.95 feet deep, for a total lot area of 6,310 square feet. The current
zoning ordinance deems this parcel substandard in lot width, making it
unbuildable without the variance.
The existing home on the lot is also substandard. It was built in the early
1930'x, and contains approximately 654 square feet. There are also two out
buildings on the lot. The neighborhood consists primarily of single family
residences. There is no alley access to the lot.
Proposah All existing structures would be cleared from the site in order to allow for
the construction of a new single family home. The new home would meet
all other zoning regulations including setbacks, lot coverage, and building
height. Because this lot will be resold through the Richfield Rediscovered
Program, no house plans are currently available.
RECOMMENDATIONS
Recommended -
Action:
Preferred: Approve the request for the lot width variance with the following
stipulations:
• C1,1 That the development agreement comply with HRA requirements
pertaining to tree preservation and architectural suitability.
That any fill associated with this project not be placed in such a manner
as to alter existing elevations or flow characteristics which result in an
adverse impact on adjacent properties.
Basis: The proposal meets both City and State requirements for granting a
variance. The following conditions needed to grant a variance are present:
1. There is an undue hardship which denies reasonable use of the
property. Denial of the variance would preclude development of a new
home on the lot.
2. There are unique circumstances related to the property. This lot was
platted at this size, which is substandard according' to current zoning
regulations. This condition was not created by the applicant.
3. There would be no adverse impacts on adjacent properties, nor would
the proposal alter the essential character of the neighborhood. The
proposal would replace the existing substandard home with a new home,
which would increase the property value of the neighborhood.
Alternative: Deny the request for the lot width variance with a finding of fact that the
requirements needed for granting a variance are not met, and that the
proposal would have an adverse impact on adjacent properties.
4 /q - 40
Max. Lot
Coverage
= 29208 s q. ft.
8926 Chnocago Ave. So. fl?MIA44RW6
PLANNING
NOTE: A specific house ZONING
N '
plan has not been identified. Cmmwft »M u"w".M
.Chicago Ave
CITY OF RICHFIELD, MINNESOTA
Council Letter No. 295
Agenda October 25, 1993
Issue Statement:
Presentation of $200 check from Richfield Crime Fund and
Certificate of Appreciation from Richfield Public Safety to Todd
M. Shackelford for his part in apprehension of purse snatcher.
Background:
On August 5, 1993, Mr. Shackelford, while in U.S. Swim and
Fitness, observed a male individual snatch a purse from a female
in the parking lot of Rainbow Food/U.S. Swim and Fitness. He saw
the direction the individual ran and followed him to the back of
the buildings. He then chased the individual into the bushes and
approached the man who had removed the lady's wallet and
checkbook. Mr. Shackelford confronted the thief and escorted him
back to the scene, then turned him over to the Richfield Police.
Recommended Motion:
Approve the presentation of the cash award and Certificate of
Appreciation to Mr. Shackelford by Richfield Public Safety
representatives.
Basis for Recommendation:
1. The Richfield Crime Fund was established to monetarily reward
• acts such as this one to individuals who assist in the
prevention and/or apprehension of those committing crimes in
Richfield.
2. The Richfield Public Safety Division appreciates Mr.
Shackelford's assistance and believes he should be rewarded
with a public display of thanks for his effort to "Take A
Bite Out Of Crime" in Richfield.
Alternative Recommendation:
1. To reward Mr. Shackelford by mail.
Discussion/Decision Mode:
The City Council should approve this presentation to Mr. Todd
Shackelford on October 25, 1993.
Respectfully submitted,
James D. rosser
City Man ger
JDP:cak
•