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
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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 / .
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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
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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