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9-27-93 agenda• CITY OF RICHFIELD, MINNESOTA MONDAY, SEPTEMBER 27, 1993 SPECIAL CITY COUNCIL MEETING 6:30 P.M. LOBBY CONFERENCE ROOM CALL TO ORDER 1. INTERVIEW OF PERSONS INTERESTED IN SERVING ON CITY'S BOARDS /COMMISSIONS ADJOURNMENT 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) SPECIAL CITY COUNCIL MEETING OF SEPTEMBER 8, 1993 AND (2) REGULAR CITY COUNCIL MEETING OF SEPTEMBER 13, 1993 PRESENTATIONS 1. OPPORTUNITY FOR PERSONS TO ADDRESS THE COUNCIL ON ITEMS NOT LISTED ON THE AGENDA 2. PRESENTATION OF RESOLUTION FROM BOARD OF EDUCATION OF INDEPENDENT SCHOOL DISTRICT 280, RICHFIELD PUBLIC SCHOOLS, CONGRATULATING CITY ON 1993 INNOVATIVE CITY AWARD (DEFERRED FROM SEPTEMBER 13, 1993) 3. PRESENTATION OF PROCLAMATION DESIGNATING OCTOBER 27, 1993 HOCKEY NIGHT IN RICHFIELD 4. ACCEPTANCE OF DONATION FROM FRED BABCOCK VFW POST 5555 FOR PURCHASE, LICENSES AND FEES, PAINTING AND GRAPHIC APPLICATION OF SNOWMOBILE IN AMOUNT OF $7,631.08 COUNCIL LETTER NO. 271 5. PRESENTATION OF PROCLAMATION DESIGNATING OCTOBER 1993 "SHARE YOUR CHAIR" MONTH SPONSORED BY FIRSTAR BANK OF MINNESOTA IN SUPPORT OF GOODWILL INDUSTRIES, INC. /EASTER SEAL SOCIETY OF MINNESOTA'S MOBILITY EQUIPMENT LOAN PROGRAM AGENDA APPROVAL 0 6. 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. 7A. CONSIDERATION OF APPROVAL OF REQUEST FOR OFF - STREET PARKING PERMIT AT 6421 CEDAR AVENUE C.L. 272 B. CONSIDERATION OF APPROVAL OF RESOLUTION AUTHORIZING CONDEMNATION PROCEEDINGS AND ACQUISITION OF 1524 AND 1600 EAST 77TH STREET AND ADJACENT UNDEVELOPED PARCEL TO NORTH OF TWO APARTMENT BUILDINGS; PHASE II; 77TH STREET PROJECT C.L. 273 C. CONSIDERATION OF APPROVAL OF BID MINUTES /TABULATION, AWARD OF CONTRACT FOR RE- ROOFING OF ICE ARENA ROOF FROM G & B .CONSTRUCTION FOR $151,550 AND ACCEPTANCE OF ALTERNATE ONE BID FROM G & B CONSTRUCTION WITH UNDERSTANDING PRICE ADJUSTMENT OF $44,550 WILL BE USED ONLY IF CONDITIONS NECESSITATE C.L. 274 D. CONSIDERATION OF APPROVAL OF PURCHASE IN EXCESS OF $5,000 FOR REPAIR OF CAT 950 LOADER ENGINE FROM ZIEGLER, INC. IN AMOUNT • OF $5,449.71 C.L. 275 E. ESTIMATE #2 PAYMENT FOR THREE GENERATORS FOR WATER TREATMENT PLANT MODIFICATIONS; FLAHERTY EQUIPMENT CORPORATION; $29,956.81 F. ESTIMATE #2 PAYMENT FOR DEHUMIDIFIERS AT WATER TREATMENT PLANT MODIFICATIONS; BRY -AIR, INC.; $13,044.40 PUBLIC HEARINGS 8. PUBLIC HEARING REGARDING CONSIDERATION OF APPLICATION FOR NEW RESIDENTIAL KENNEL LICENSE; 7001 PENN AVENUE; SIX CATS (DEFERRED FROM AUGUST 9) COUNCIL LETTER NO. 276 9. PUBLIC HEARING AND SECOND READING OF ORDINANCE AMENDING SUBSECTION 905 OF CITY CODE BY ADDING NEW SUBSECTION 905.40 FOR PROHIBITION OF FEEDING DEER AND RACCOONS COUNCIL LETTER NO. 277 10. PUBLIC HEARING AND SECOND READING OF ORDINANCE AMENDMENT TO REZONE 7608 -10 LOGAN AVENUE FROM MULTIPLE RESIDENCE TO TWO FAMILY RESIDENTIAL; AND REZONE 2814 WEST 72ND STREET, 7638 & 7644 NEWTON AVENUE, 7639 & 7645 OLIVER AVENUE, 7638 & 7644 • SHERIDAN, AND 7639 & 7645 THOMAS AVENUE FROM MULTIPLE RESIDENCE TO SINGLE FAMILY RESIDENTIAL COUNCIL LETTER NO. 278 0 RESOLUTION 11. CONSIDERATION OF RESOLUTION AUTHORIZING STUDY PERTAINING TO VARIOUS TYPES OF ADULT USES AND PLACING MORATORIUM ON DEVELOPMENT OF SUCH USES PENDING OUTCOME OF STUDY AND ANALYSIS BY CITY COUNCIL COUNCIL LETTER NO. 279 PROPOSED ORDINANCE 12. CONSIDERATION OF FIRST 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 CITY COUNCIL LETTER NO. 280 ADMINISTRATIVE REPORTS & OTHER BUSINESS 13. CONSIDERATION OF ONE APPOINTMENT TO ADVISORY BOARD OF HEALTH AND ONE APPOINTMENT TO COMMUNITY SERVICES COMMISSION COUNCIL LETTER NO. 281 14. CONSIDERATION OF PAYMENT OF WORKERS' COMPENSATION CLAIM IN • AMOUNT OF $12,752.73 COUNCIL LETTER NO. 282 AIRPORT BUSINESS 15. AIRPORT STATUS REPORT 16. LEGISLATIVE REPORT CORRESPONDENCE COUNCIL CHOICE 17. COUNCIL DISCUSSION ITEMS 18. 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. CITY OF RICHFIELD, MINNESOTA Council Letter No. 282 Agenda September 27, 1993 Issue Statement: Consideration of approval of payment of workers' compensation claim in the amount of $12,752.73. Background: In 1991, aRichfield Police Investigator /Agent injured his back and right shoulder while conducting defensive tactics training sessions for the City of Richfield and /or Normandale Community College. This matter was heard before a Compensation Judge of the Office of Administrative Hearings. The Compensation Judge served and filed her findings and order on August 6, 1993, and there was no appeal within the subsequent 30 day period. Consequently, payment of the award in the amount of $12,752.73 has already been made. Payment of the award amount also prevented the City from incurring further compounded interest payments on the award amount paid. The timing of the court decision and appeal time line necessitated the payment of this award prior to the September 27 City Council meeting. • The award amount represents the City's share of payments for the employee's 9% permanent partial disability to the back, 6% permanent partial disability to the right shoulder, temporary total disability, temporary partial disability, interest and attorney's fees. Additional future attorney's fees may be pending, however, the employee's attorney must first petition the court to receive the fees. The City still faces a possible exposure to some future medical bills associated with the employee's back and shoulder injuries, and additional related temporary partial disability payments. Recommended Motion: Approve the payment of $12,752.73 for the workers' compensation claim. Basis of Recommendation: 1. The Compensation Judge heard this matter and ordered the City to pay these amounts. 2. City Attorney and City staff consider the items and amounts reasonable and recommend issuing their payment. 3. Interest ceases to accrue on those amounts. • Alternative Recommendation: 1. None. Discussion /Decision Mode: This item has been scheduled for September 27, 1993, the next scheduled City Council meeting. JDP:ff • Respect lly submitted, 7 Jam D. Prosser Cit Manager /3 CITY OF RICHFIELD, MINNESOTA Council Letter No. 281 Agenda September 27, 1993 Issue Statement: One appointment to the Advisory Board of Health and one appointment to the Community Services Commission. Background: In January 1993, the City Council made several appointments to the City's Boards /Commissions. However, due to resignations, one vacancy was created on the Advisory Board of Health and one on the Community Services Commission. Each term expires January 31, 1994. Persons interested in serving on the Advisory Board of Health and Community Services Commission were interviewed on September 27, 1993 at a Special City Council meeting. Recommended Motion: Appoint one member to fill the vacancy on the Advisory Board of Health and one member to fill the vacancy on the Community Services Commission. Basis of Recommendation: 1. In order to assure a quorum for future meetings, an appointment to each Board /Commission should be made at this time. 2. These appointments will complete the membership of the Advisory Board of Health and the Community Services Commission. Alternative Recommendation: 1. Defer the appointments to a later Council meeting. Discussion /Decision Mode: This item is placed on the September 27, 1993 Council agenda for Council consideration. The appointments will begin immediately. JDP:cak 40 j fully submitted, . Prosser nager 0 • %C), CITY OF RICHFIELD, MINNESOTA Council Letter No. 280 Agenda September 27, 1993 Issue-Statement: Consideration of first 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: The City Council has just considered adoption of a resolution authorizing a temporary moratorium on licensing and development of adult business uses within the City in order to provide an adequate opportunity for the study to be completed. It is appropriate for the Council to consider by ordinance imposing a moratorium for a period of one year. The moratorium could be removed prior to that time by City Council action. Recommended Motion: Approve first reading of an interim ordinance restricting development of.adult uses within the City for a period of one year, and set second reading and public hearing for October 25, 1993. Basis of Recommendation: 1., Allow adequate opportunity for study of this issue. 2. Allow adequate opportunity for Planning Commission and City Council consideration. Alternative Recommendation: 1. The Council may decide not to institute a moratorium but to continue with the study. 2. If the Council does not approve the resolution authorizing the study then it would be inappropriate to consider this ordinance. Discussion /Decision Mode: This matter will be presented meeting of September 27, 1993. JDP:ds for action at the City Council Respectfu ly submitted, James D Prosser City Manager /0 -/ 0 ORDINANCE ISO. 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 i' classification should be adopted for those uses. i ! 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 i be allowed as either permitted or conditional uses. 2. The concentration and density of such uses in the City iand 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. 2.05. 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. 1.06. The City Council has directed that such a study by undertaken. 1.07. Minnesota Statutes, section 462.355, subd. 4 (Act) permits the adoption of interim zoning ordinances during the planning process. 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; 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 amendments to the City's zoning ordinance. 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 /�-)-3 • all other uses of a similar nature, including, without limitation, adult book stores and adult movie theaters. 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 day of , 1993. ATTEST: Thomas P. Ferber City Clerk • Martin J. Kirsch Mayor CITY OF RICHFIELD, MINNESOTA . Council Letter No.279 Agenda September 27, 1993 Issue Statement: Consideration of a resolution authorizing a study to be conducted pertaining to various types of adult uses and placing a moratorium on development of such uses. Background: The City zoning ordinance does not contemplate or address the classification of adult business uses. The ordinance is unclear as to whether such uses should be classified as uses which are permitted or conditional uses in the C -2 general commercial zoning district or whether a new classification should be adopted for those uses. The City currently has no such uses. However, questions have been raised as to how the City would classify such uses, should one want to locate in the City. Recommended Motion: Authorize a study to be conducted pertaining to various types of adult uses and place a moratorium on development of such uses pending the outcome of the study and analysis by the City Council. • Basis for Recommendation: 1. The study should be conducted to include an analysis of the particular zoning districts in which such uses should be allowed as either permitted or conditional uses. 2. The density and concentration of such uses. 3. The effect of such uses on other uses in surrounding areas should be identified. 4. The need for modifications to the licensing regulations should also be considered. This information should be considered by the Planning Commission for review and recommendation to the City Council. 5. A moratorium should be considered in order to provide an opportunity for the study to be completed, analyzed and reviewed by City Council. 6. A resolution authorizing a moratorium pending the adoption of an ordinance is an appropriate mechanism to institute an opportunity for analysis. Alternative Recommendation: 1. The Council may decide not to authorize a study. 2. The Council may decide not to authorize a moratorium. • Discussion /Decision Mode: This matter is presented for action at the City Council meeting on September 27, 1993. JDP:ds 0 • Respectfally submitted, Jame Prosser City anager //- RESOLUTION NO. RESOLUTION AUTHORIZING A STUDY TO BE CONDUCTED PERTAINING TO VARIOUS TYPES OF ADULT USES AND PLACING A MORATORIUM ON THE DEVELOPMENT OF SUCH USES WHEREAS, the City's zoning ordinance does not contemplate or adequately address the classification of adult uses and other similar uses; and WHEREAS, the City's zoning ordinance is unclear as to whether such 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; and WHEREAS, the City Council deems it necessary for a study to be conducted to determine how such uses should be regulated within the City and deems it desirable to place a moratorium on the development of such uses until the study has been completed and any amendments to the comprehensive plan and zoning ordinance are adopted. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield as follows: • 1. The City staff is directed to conduct a study to determine how 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; 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, so as to maintain harmony and consistency between the City's zoning and licensing regulations. 2. Upon completion of the study, the matter is to be considered by the Planning Commission for its review and recommendation to the City Council. 3. A moratorium on the development of adult uses is adopted pending completion of the study and the adoption of any 41 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 • • RPVIS( "CL 0-. — "pia a t f r, 7� or replattings, or land divisions or anted by the City for such uses during the ®� The moratorium period created under this ire September 27, 1994 or such earlier date by resolution of the City Council or ordinance. The moratorium period may be extended for a reasonable time by resolution of the City Council or ordinance, as may be necessary to complete the study and adopt any necessary amendments to the City's zoning ordinance. 4. For the purpose of this resolution, 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, including without limitation, adult book stores, adult novelty stores and adult movie theaters. 5. This resolution is effective immediately upon its adoption. Adopted by the City Council of the City of Richfield, Minnesota this 27th day of September, 1993. ATTEST: Thomas P. Ferber, City Clerk Martin J. Kirsch, Mayor ID • CITY OF RICHFIELD, MINNESOTA Council Letter No. 278 Agenda September 27, 1993 Issue Statement: Public hearing and second reading of an ordinance amendment rezoning 7608 -10 Logan Avenue from MR (multiple residence) to MR- 1 (two family residential); and rezoning 2814 West 72nd Street, 7638 and 7644 Newton Avenue, 7639 and 7645 Oliver Avenue, 7638 and 7644 Sheridan, and 7639 and 7645 Thomas Avenue from MR to R (single family residential). 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 approximately 75 parcels of land in about 23 areas of the City 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 7608 -10 Logan Avenue from MR to MR -1, and the rezoning of 2814 West 72nd Street, 7638 and 7644 Newton Avenue, 7639 and 7645 Oliver Avenue, 7638 and 7644 Sheridan, and 7639 and 7645 Thomas Avenue from MR to R. 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. None of the uses will become nonconforming as a result of the rezoning. 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 later this • year eliminating the MR district, then it would be apropos to have rezoned such designated areas before the text change. 4. The proposed MR -1 zoning is most'appropriate for the existing duplex use at 7608 -10 Logan Avenue, and would ensure that higher density development (as allowed under the MR provisions) does not occur. 5. The proposed R zoning is most appropriate for the existing single family use on the remaining parcels, while offering proper regulatory control for future land uses. 6. This rezoning will help to eliminate areas of inconsistent spot zoning. 7. On July 27, 1993, the Planning Commission voted unanimously to recommend approval of this rezoning. Alternative Recommendation: The City Council could deny this 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 p.m. on • Monday, September 27, 1993. The hearing will be held in the City Council Chambers of Richfield City Hall, 6700 Portland Avenue. Notice of hearing was published in the Sun - Current and mailed to property owners within 350 feet of the subject property. JDP:ds • lly submitted, Jam s%p. Prosser Cit anaaer 0 Bill No. 1993- / O 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 respects: Section 5, Paragraph (2) is amended to read as follows: ( 2 ) That " "e l y r9 between the - -e rlines -v f Thomas �rr7 Sheridan A veiLe$- an�d bet weeA- +re- ce?"+ vr _ rl3-vf 7- 7 +rrStreet and ner tT lines of Lots-27--and 10, P8bsen and Quist -+c1r+ c � G"�eeron Te-lrl it erg . [Repealed]. Section 5, Paragraph (3) is amended to read as follows: (3 ) That area lying between the eenter lines of - Oliver and dy�,.T,.,. ten cvvc --- - vrrt�ri23e' -v St�'v- e- �- taz�iivr of Lets 7 and-10 , -MeB ardys Ad i on. [Repealed]. Section 5, Paragraph (6) is amended to read as follows: (6 ) Seut-h 61 feel of the-nexth 186.31 feet of the east 1/8 ef the southwest 1/4 of the so est14 Seetien -33 Town-ship 28, Range 24, exeept street. [Repealed] -'r • Section 5, Paragraph (10) is amended to read as follows: (10 ) The west 82 feet -e# the -south 1/2 of 61 Sabin rake Harriet Gar en Lots Addi teen. [Repealed] . Section 11, Paragraph (10) is amended to read as follows: (10) Lots 1 -6., Block 1, A.N. Tacks First Addition and the South 61 feet of the north 186.31 feet of the east 1/8 of the southwest 1/4 of the southwest 1/4 of Section 33, Township 28, Range 24, except street. This amendment constitutes a rezoning of 7608 -10 Logan Avenue from MR (multiple residence) to MR -1 (two family residential) and a rezoning of 2814 West 72nd Street, 7638 and 7644 Newton Avenue, 7639 and 7645 Oliver Avenue, 7638 and 7644 Sheridan, and 7639 and 7645 Thomas Avenue from MR (multiple residence) to R (single family residence). Passed by the City Council of the City of Richfield, Minnesota this 27th day of September, 1993. Martin J. Kirsch, Mayor i ATTEST: Thomas P. Ferber, City Clerk 10--14 w a z m z m E ui a z ¢ m s m EXISTING ZONING 71 1/2 ST. ��un eT 2814 PROPOSED ZONING LAND USE: ALL SINGLE FAMILY 71 1/2 ST. 72ND ST. 2814 ui a z 0 a Li a z 0 a /o -S REZONING. PLAN EXISTING ZONING PROPOSED ZONING 76TH ST. 76TH ST. ui > a > a Z W 0 W O 3 o z p z co co to � o o t0 Lo V l a qe m 0 m `° n �. 77TH ST. 77TH ST.. LAND USE: ALL SINGLE FAMILY ® MR MR -1 • PLAnNING R NA O ZONING M REZONING PLAN EXISTING ZONING PROPOSED ZONING 76TH ST. 76TH ST. W a u.i a w a w a z z a _ = 2 W _ 0 �p co co �O M W co co co co a 1n v to v 4 77TH ST. 77TH ST. LAND USE: ALL SINGLE FAMILY ® MR IT If A'f��i MR -1 0 R N •, PLANNING ZONING M nt 0 CITY OF RICHFIELD, MINNESOTA Council Letter No. 277 Agenda September 27, 1993 Issue Statement: Public hearing and second reading of ordinance amending Subsection 905 of the City Code by adding a new Subsection 905.40 for the prohibition of feeding deer and raccoons. Background: This proposed ordinance prohibits providing liquids or edible material to deer or raccoons within the boundaries of the City. This will permit the City to better maintain natural habitation and help prevent the animals from becoming a hazard to the community and themselves. This subsection does not apply to veterinarians, City animal wardens or county, state or federal game officials who in the course of their duties have deer or raccoons in their custody or under their management. This proposed ordinance has been recommended by the Friends of Wood Lake (FOWL) Board of Directors and by the Community Services Commission. Residents, groups, associations and organizations will be notified of any change in the ordinance through various publications such as the Richfield Sun /Current, Your City & • Schools, Status and Information Report, quarterly brochure, cable television Bulletin Board, and the FOWL Focus. Recommended Motion: Conduct a public hearing and, upon close of the hearing, approve second reading of the ordinance amendment to Section 905, Subsection 905.40 of the City Code. Basis of Recommendation: 1. People in the City are feeding or leaving food for the deer and raccoons. 2. The City has a deer and raccoon population far greater than can be accommodated. The deer and raccoons are not only destroying Wood Lake Nature Center vegetation and residential growth but have caused damage to schools, homes and vehicles. 3. The deer are a danger to the community as well as to themselves. Some have been destroyed after causing injury to themselves. 4. First reading was on August 23, 1993. Notice of the September 27, 1993 public hearing and second reading has been published. • Alternative Recommendation: 1. Do not amend the ordinance. However, this may cause continued confusion as to what is permitted at Wood Lake Nature Center and other areas of Richfield. 2. Provide additional amendments to this ordinance. However, this does not seem necessary at this time. Discussion /Decision Mode: The public hearing is scheduled for September 27, 1993. Second reading should be approved at that time, if the Council is satisfied with the proposed ordinance amendment, so that sufficient notice of changes may be provided. JDP:ds Attachment u 40 Re t ully submitted, Ja a D. Prosser Ci Manager q-,?- BILL NO. • AN ORDINANCE AMENDING SECTION 905 OF THE RICHFIELD CITY CODE; PROHIBITING THE FEEDING OF DEER AND RACCOONS THE CITY OF RICHFIELD DOES ORDAIN: Subsection 905 of the City Code is amended by adding a new subsection 905.40, as follows: 905.40 Feeding of Deer and Raccoons Prohibited. Subdivision 1. Prohibition. No person shall provide liquids or edible material to deer or raccoons within the boundaries of the City. Subd. 2. Exception. This subsection does not apply to veterinarians, City animal wardens, or county, state or federal game officials who in their course of their duties have deer or raccoons in their custody or under their management. Adopted by the City Council of the City of Richfield, Minnesota this 27th day of September, 1993. ATTEST: Thomas P. Ferber City Clerk • Martin J. Kirsch Mayor 8 • CITY OF RICHFIELD, MINNESOTA Council Letter No.276 Agenda September 27, 1993 Issue Statement: Public hearing for consideration of an application for a new residential kennel license for Joanne Ecklund, 7001 Penn Avenue. (Deferred from August 9, 1993.) Background: On June 2, 1993 Joanne Ecklund submitted an application for a residential kennel license. She owns six cats (four are Domestic Short Hairs and two are Domestic Medium Hairs). Ms. Ecklund's application had all contiguous property owners' signatures on it. On June 12, 1993, an inspection of the property was conducted by a Community Service Officer. There were no apparent problems found at that time. The City has adopted a policy that staff notify neighbors surrounding the area of the residential kennel license. Staff has received letters from three of these neighbors and telephone calls from five others. Some of the concerns mentioned involve a garden being used as a litter box, cats urinating in and on their garage, and two neighbors complained that the cats roam around and kill birds. Several of the neighbors believe the cats should • not be allowed to run free. One neighbor mentioned that she would not dispute the kennel license if the cats were kept inside and not allowed to run free. Ms. Ecklund submitted an application for a 1993 residential kennel license for six cats on June 2, 1993. On August 9, 1993 the City Council suggested Ms. Ecklund, along with her neighbors, meet with West Suburban Mediation Center. They met on Thursday, September 16. There was only one neighbor that attended the mediation. This neighbor had not responded with any concerns regarding the residential kennel license in the past. Several issues were discussed, but none that seemed to determine the outcome of her kennel license. .(See attached.) Staff received a call from Ann Johnston, 7011 Penn Avenue. She stated that if status quo is preserved, she doesn't have any problems with the issuance of the license. Although this application is for six cats, it does not exceed the maximum number of six animals that was approved by the Council as policy on July 22, 1991. Recommended Motion: Staff recommends that the application for a residential kennel license be denied. If Ms. Ecklund's request for a license is denied, she will be given 30 days from the date of denial in • which to reduce the number of animals on her property from six to two. ff Basis for Recommendation: • 1. It is up to the animal owner to prove that the keeping of more than two cats does not have an adverse effect on the neighborhood. The City has been contacted by neighbors who have concerns that staff believes have caused an adverse effect on the neighborhood. Alternative Recommendation: 1. The Council could decide to approve Ms. Ecklund's residential kennel license. This would mean that she would be able to keep her six cats. Discussion /Decision Mode: Recommendation to deny the application for a residential kennel license for Joanne Ecklund, 7001 Penn Avenue, is presented for Council consideration at this time. JDP:ds • RjMsMD. fully submitted, J Prosser Cnager WEST SUBURBAN MEDIATION CENTER MEDIATION AGREEMENT PHONE: 933 -0005 9-0Z rI CASE # .ON �, p Tj}. �J the following parties: (date) _ Initiating Party(s): )n.omnoaa Second Party(s):Arj- ,aen Other interested parties: participated in the mediation session which took place at: Mediators for the session were: The nature of the complaint was: L�SSU During the course of the mediation the followin J terms of agreement were reached: t 1 . t / . ' r O . / . , YNf j�,il� �;��t�t�fP�• 4'n ed by- -- -- 4� _ t---------------------------------- - - - - -- nature) (date) (signature) (date) ------ ----------- f 3 - ------------------------------------------- (signa ure) (date) (signature) (date) (Signature of Mediator date (si nature of Mediator date All parties agree that all proceedings will be held in strict confidence. White Copy /Office 9/87 / u CITY OF RICHFIELD, MINNESOTA Council Letter No. 275 Agenda September 27, 1993 Issue Statement: Purchase in excess of $5,000 to repair Cat 950 Loader engine. 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. Unit #192, a 1973 Cat 950 front end loader, experienced extensive engine damage when holes rusted through the cylinder sleeves, allowing antifreeze to enter the engine. Initially, Ziegler mechanics thought the problem was only a blown head gasket, but as they got deeper into the repairs, more and more problems were discovered. Initial estimates for the repair were less than $5,000, but the final bill on a time - and - materials basis totaled $5,449.71. Recommended Motion: Approve a purchase order in the amount of $5,449.71 to Ziegler, Inc. for the repair of the Cat 950 Loader. Basis of Recommendation: 1. Ziegler mechanics consulted with Garage foreman as repairs were made, resulting in quality work performed as inexpensively as possible. 2. This piece of equipment needed to be ready for the coming snow season. 3. The work is complete. Alternative Recommendation: None. Discussion /Decision Mode: This item is on the consent calendar for September 27, 1993. JDP:ds RespQcVTV11y submitted, Jam s Prosser Citv anaaer IC-1 CITY OF RICHFIELD Council Letter No. 274 Agenda September 27, 1993 Issue Statement: Award of contract for the re- roofing of the Ice Arena roof. Background: The Arena was constructed 1970 with a cedar shingle roof. At the time, it was believed that the roof would last considerably longer than an asphalt roof. During the fall of 1992 some leaks began to appear. The roof was inspected by a company which renovates cedar roofs. It was determined that the cedar shingles would need to be cleaned and sealed to extend the life of the roof past the year 2000. There were several areas at the top of the roof where it appeared water could be entering. These areas were repaired. In the spring of 1993, the roof began leaking more than previously. Shingles were removed down to the underlayment. It was discovered that the underlayment was deteriorating. The only solution is to remove the existing shingles and replace the underlayment. The roofers, consultants and architects contacted regarding the condition of the roof were not surprised that the roof was deteriorating after 23 years. • The project will include the removal and disposal of the existing cedar shake shingles and related flashing, replacement of damaged insulation, installation of a plywood underlayment and new glass fiber asphalt shingles and related flashing. These items constitute the base bid. The base bid also includes unit prices for eave protection and underlayment as well as rigid insulation. The unit prices will be used when the exact replacement for these items is determined. One alternate was also included in the bidding process. This alternate is provided because it is possible the weather conditions during the time of construction will require .a change in the type of underlayment used. The specifications dictate that the award of contract shall be on the basis of base bid (with unit price adjustment items). The project will be funded through the Recreation Enterprise Fund. On September 20, 1993, bids were opened. There were three bids for the work required: G & B Construction 13400.15th Avenue North Basis of Award $151,550 Plymouth, MN 55441 Add Alternate $ 44,550 Commercial Roofing • 7590 Hwy. 65 NE Basis of Award $188,035 Fridley, MN 55432 Add Alternate $ 2,025 Meisinger Construction 161 E. Marie Avenue Basis of Award $242,236 West St. Paul, MN 55118 Add Alternate $ 4,455 �C-I • Recommended Motion: Accept the bid minutes /tabulation, award a contract to G & B Construction for $151,550 and accept the Alternate One bid from G & B Construction with the understanding the price adjustment of $44,550 will be used only if conditions necessitate. Basis of Recommendation: 1. G & B Construction submitted the lowest base bid for award of contracts 2. The add alternate would be necessary only if the outside temperatures are less than 40 degrees. It may be that only a portion of the alternate be necessary during installation. 3. There was substantial interest in the project. Thirteen sets of specifications were requested. Despite only three bids, the amount is less than the projected $200,000. 4. The roof will only continue to get worse and cause damage to the roof structure and wood ceiling. Therefore, it is important that repair be made as quickly as possible. 5. The leakage does drip over many areas of the spectator stands and the ice surface. The drippings on the ice cause lumps to form on the ice which reduce the quality of the ice surface and are a safety hazard. These lumps need to be removed • prior to groups using the ice. • Alternative Recommendation: 1. Award the project to a second vendor submitting a bid. However, the base bid for award of contract is much higher. Their add alternate is only $2,025 because they have included the component roofing system (add alternate) in the base bid. If the weather does not require the component roofing system, the City would be paying a higher price than necessary for the actual product being installed. 2. Direct staff to seek additional bids. However, if a contract is not awarded at this time, the project may be delayed until next spring. Discussion /Decision Mode: This item is scheduled for the 1993. Action is requested at project can be completed this JDP:ds Attachment Council meeting of September 27, this time to be assured that fall. RespYanager ly submitted, Jamerosser City "?c -0�_ CITY OF RICHFIELD, MINNESOTA • Bid Opening September 20, 1993 10:30 A.M. Richfield Ice Arena Re- Roofing City Project No. 702 -1570 Bid No. 93 -19 Pursuant to requirements of Resolution No. 1015, a meeting of the Administrative Staff was called by Thomas P. Ferber, City Clerk, who announced that the purpose of the meeting was to receive, open and read aloud, bids for Richfield Ice Arena re- roofing, bid no..93 -19, as advertised in the official newspaper on September 8, 1993. Present: 'Thomas Ferber, City Clerk Steve Devich, Administrative Services Director Cheryl Krumholz, City Manager Representative The following bids were submitted and read aloud: The City Clerk announced that the bids would be tabulated and considered at the September 27, 1993 City Council Meeting. Thomas P. Ferber City Clerk n LJ VENDOR ; BID ; TOTAL ; SECURITY I J ' i ; 1 • 1 1 1 1 I 1 1 Commercial Roofing ; 5% Bid Bond ; Base $166,965.00; Fridley ; ; #2 188,035.00; #3 2,025.001 11 i G & B Construction ;Cashier's Check ; Base $135,000.00; Plymouth ; ; #2 151,550.00; 1 #3 44,550.001 Messinger Construction 5% Bond Bond ; Base $228,296.00; Co., Inc. West St. Paul; 1 #2 242,236.00; 1 #3 4,455.001 The City Clerk announced that the bids would be tabulated and considered at the September 27, 1993 City Council Meeting. Thomas P. Ferber City Clerk n LJ "'76 • CITY OF RICHFIELD, MINNESOTA Council Letter No. 273 Agenda September 28, 1993 Issue Statement: Adoption of resolution authorizing condemnation proceedings and acquisition of real property, Phase II; 77th Street Project. Background: On August 23, 1993, the City Council set just compensation and authorized the purchase of three parcels for the Phase II of the 77th Street Project; 1524 and 1600 East 77th Street and the adjacent undeveloped parcel to the north of the two apartment buildings. The offer was subsequently presented to the owner. While negotiations are continuing, it is important that these parcels be available for construction in 1994. Early in 1994, it will be necessary to certify to MnDOT that the City owns all Phase II real estate. If negotiations are not successful, and the condemnation process must be relied upon, title would not be available until February 1994. Recommended Motion: Adopt the attached resolution which authorizes the City to proceed with condemnation of the property at 1524 and 1600 East 77th Street and the adjoining vacant parcel known as Tract E, RLS • #1003. Basis of Recommendation: 1. To help assure meeting of construction schedules. 2. MnDOT and FHWA procedures are being followed. 3. Negotiations will continue with the goal of reaching an acceptable purchase price. Alternative Recommendation: 1. Reject the request. 2. Delay action. Discussion /Decision Mode: Approval will help assure meeting the 1994 construction schedule. ReJeD. fully submitted, Ja Prosser Ci nager 0 JDP:ds • RESOLUTION NO. RESOLUTION AUTHORIZING CONDEMNATION PROCEEDINGS AND ACQUISITION OF REAL PROPERTY 77TH STREET PROJECT WHEREAS, the City of Richfield, Minneso- municipal corporation and subdivision of the organized and operating under Minnesota law, authorized by Minn. Stat. 413.211 to acquire exercising the power of eminent domain under Minn. Stat., Ch. 117; and 1176 -1 to ( "City ") is a State of Minnesota as amended, and is real estate by and pursuant to WHEREAS, the City Council finds that its citizens and property owners desire that the City widen 77th Street between Interstate Highway No. I -35W ( "I -35W ") and TH 77; and WHEREAS, Minnesota Department of Transportation ( "MnDOT ") has advised the City of MnDOT's intention to improve Interstate Highway No. I -494 ( "I- 494 ") by widening I -494; and WHEREAS, MnDOT and the City have agreed that it is necessary and convenient to widen 77th Street to replace the "frontage road function" for I -494 which is currently being served by 78th Street; and • WHEREAS, the widening of is becoming increasingly more substantial amounts of presen- considerably increase at such and (b) provide an additional and 77th Street ( "77th Street Project ") necessary in order to accommodate t traffic which is: (a) likely to time as 78th Street is eliminated East -West arterial within the City; WHEREAS, the City has obtained commitments of substantial financial assistance from the federal and state governments to undertake the 77th Street Project; and WHEREAS, BRW, Inc. and Orr, Schelen & Mayerson, Inc., the consulting engineers retained by the City to design.the proposed improvements for the 77th Street Project have identified various parcels of real estate which must be acquired by the City in order to construct the 77th Street Project ( "Subject Property "); and WHEREAS, a substantial amount of-the real estate which is required for the project has already been acquired by the City; and WHEREAS, a portion of the 77th Street Project is already under construction; and • WHEREAS, the Subject Property (all of which is located in the City of Richfield, Hennepin County, Minnesota) is legally described in Exhibit A attached hereto; and WHEREAS, in order to construct, operate, maintain and reconstruct the 77th Street Project, the acquisition of the Subject Property is • necessary and convenient for the promotion of the public health, safety and welfare of the City and its residents; and WHEREAS, City staff members have been unsuccessful in their effort to acquire the Subject Property by negotiation upon terms and conditions acceptable to the City; and WHEREAS, City staff and the City Attorney recommend that the City attempt to mitigate the damages caused by taking of the Subject Property; and WHEREAS, such mitigation may be accomplished by the City acquiring all of the Subject Property. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield, as follows: 1. The City Council hereby finds acquisition of the Subject Property to be suitable, necessary, convenient and reasonable and for a public purpose to serve the needs of the citizens and property owners of the City. 2. Pursuant to and in accordance with said Minn. Stat. Ch. 117, the City Council further finds that it is in the public interest to authorize and to direct the acquisition of the Subject Property • for the construction, operation, maintenance and reconstruction of the 77th Street Project. 3. The City Council hereby finds that it is desirable, reasonable, necessary and convenient, and for a public purpose, for the City to acquire the Subject Property by eminent domain proceedings in accordance with the provisions of Minn. Stat. Ch. 117, including the early transfer of title and possession of the Subject Property under Minn. Stat. 117.042. 4. The City Attorney is authorized and directed to acquire the Subject Property by use of eminent domain proceedings pursuant to this resolution, and to deposit the City's approved appraisal of value for the Subject Property (as determined by staff) with the District Court Administrator or pay such amount to the owner in order to effect the early transfer of title and possession of the Subject Property to the City in the condemnation pursuant to Minn. Stat. 117.042. Adopted by the City Council of the City of Richfield, Minnesota this 27th day of September, 1993. Martin J. Kirsch Mayor • ATTEST: Thomas P. Ferber City Clerk • • 17,8 -3 EXHIBIT A TO RESOLUTION NO. RESOLUTION AUTHORIZING CONDEMNATION PROCEEDINGS AND ACQUISITION OF REAL PROPERTY CITY PARCEL NO. PROPERTY ADDRESS LEGAL DESCRIPTION 78 1524 East 77th Street Fee Taking for Right of Way 1600 East 77th Street Tracts C, D and E, Registered P.I.D. Nos. 35- 028- 24 -44- Land Survey No. 1003, Hennepin 0028, 29 and 30 County, Minnesota. Together with streets and alleys adjacent thereto, vacated or to be vacated, and appurtenant easements, if any. A -1 VA CITY OF RICHFIELD, MINNESOTA Council Letter No. 272 Agenda September 27, 1993. Issue Statement: Consideration of request for an off - street parking permit at 6421 Cedar Avenue. Background: Peters Billiard Supply is proposing to construct a 4,000 square foot warehouse building at 6421 Cedar Avenue. The building would be used to store pool tables and other furniture. There would be no retail, wholesale or office activities in conjunction with the operation. The proposal would provide four parking spaces as required for a 4,000 square foot warehouse building. In addition, landscaping, screening and'building features would be incorporated to make this a functional and attractive site. The building exterior would be constructed of rosewood burnished concrete block and would incorporate bands of decorative rock - face block. The front facade would have windows, a walk through door and an overhead door. A setback variance has been requested to allow a rear yard setback of 5 feet rather than 22 feet. The decision on the variance has not yet been filed by the Hearing Examiner. Recommended Motion: Approve the off - street parking permit and site plan for 6421 Cedar Avenue with the following stipulations: 1. That the Hearing Examiner approve the request for the setback variance. 2. That a cash escrow agreement for all required landscaping be submitted before this off - street parking permit becomes effective. 3. That the site not be used for retail, wholesale or office activities unless it is demonstrated that adequate on -site parking is provided. Basis of Recommendation: 1. The drainage plan meets the City Engineer's approval. 2. The landscape plan meets the City Planner's approval. 3. The number of parking spaces provided is adequate for the • proposed use. �A -I • Alternative Recommendation: The City Council may deny the off - street parking permit with a finding that the proposal would have an adverse impact on the adjacent properties or the City as a whole. Discussion /Decision Mode: Consideration of this item is scheduled on the consent calendar of the September 27, 1993 City Council meeting. JDP:ds • Resp t lly submitted, Jame . Prosser City M pager C l 11 os AV NVgEP - --------- q � t • icy rZY,i n°�Irl �is 3 :e 113"MN )MVII (SISNFINIHD S!]iIHdINnD S 1i.I gdOMa IHMI rlf Ngtaa'JVHS = s' I � enN ++ (VOINVA-USNNSd SCIIGXVUA) HSV SSH I4fl�S "' .3 a: �OZ Fri a C7 r� � N w 1 a I• CQ pr n N O Fri a C7 w a N CQ pr In M Il. 4 CITY OF RICHFIELD, MINNESOTA Council Letter No. 271 Agenda September 27, 1993 Issue Statement: Accept donation from the Fred Babcock VFW Post 5555 in the amount of $7,631.08 for the purchase, licenses and fees, painting and graphic application of a showmobile. Background: The University of Minnesota held a closed bid sale of equipment including a showmobile recently. The City submitted a successful bid of $4,672.50 for the purchase of the vehicle. Licenses and transfer fees totaled $315.71. The Central Garage has received quotes for painting and graphic applications in the amount of $2,117.87 and $525.00 respectively. The Fred Babcock VFW Post 5555 has agreed to donate $7,631.0,8, in $1,000 installments, to cover the costs of purchase, licenses and fees and restoration. Adler Strandquist will be at the September 27, 1993 Council meeting to make the presentation of the first $1,000. The showmobile has been used by the VF1 street dance. The showmobile has also Minneapolis Downtown Council, and will Parks, the Fourth of July Celebration, will be putting together a rental plan the showmobile. a for their Fourth of July been rented to the be used for Concerts in the and Cattail Days. Staff for outside groups to rent The Community Services Commission has acknowledged that the showmobile will be a tremendous asset to the community and has expressed written appreciation to the Fred Babcock VFW Post No. 5555 Board and membership for their generous donation. Recommended Motion: Accept the donation of $7,631.08 from the Fred Babcock VFW Post 5555 for the purchase, licenses and transfer fees, painting and graphics of the University of Minnesota Showmobile. Basis of Recommendation: The City has purchased the vehicle. Accepting the donation would cover costs associated with the acquisition. Alternative Recommendation: Do not accept the donation and cover the costs from another source. Discussion /Decision Mode: Members of the Fred Babcock VFW Post 5555 will be on hand to present the first installment of their donation at the September 27, 1993 meeting. JDP:ds Resp t lly submitted, Jame Prosser City pager