8-23-93 agenda0
•
CITY OF RICHFIELD, MINNESOTA
MONDAY, AUGUST.23, 1993
REGULAR CITY COUNCIL MEETING
7:00 P.M.
COUNCIL CHAMBERS
AGENDA
INTRODUCTORY PROCEEDINGS
CALL TO ORDER
PLEDGE OF ALLEGIANCE
APPROVAL OF MINUTES OF THE REGULAR CITY COUNCIL MEETING OF AUGUST
9, 1993
PRESENTATION
1. OPPORTUNITY FOR PERSONS TO ADDRESS THE COUNCIL ON ITEMS NOT
LISTED ON THE AGENDA
AGENDA APPROVAL
2. COUNCIL APPROVAL OF AGENDA
CONSENT CALENDAR
NOTE: CONSENT CALENDAR CONTAINS SEVERAL SEPARATE ITEMS WHICH ARE
ACTED UPON BY THE CITY COUNCIL IN ONE MOTION. ONCE THE CONSENT
CALENDAR HAS BEEN APPROVED, THE INDIVIDUAL ITEMS AND RECOMMENDED
ACTIONS HAVE ALSO BEEN APPROVED. NO FURTHER COUNCIL ACTION IS
NECESSARY. HOWEVER, ANY COUNCIL MEMBER MAY REQUEST THAT AN ITEM
- BE REMOVED FROM THE CONSENT CALENDAR AND.PLACED ON THE REGULAR
AGENDA FOR COUNCIL DISCUSSION AND ACTION. ALL ITEMS LISTED ON
THE CONSENT CALENDAR ARE RECOMMENDED FOR APPROVAL.
3A. CONSIDERATION OF APPROVAL OF RESOLUTIONS ESTABLISHING JUST
COMPENSATION AND AUTHORIZING PURCHASE OF 1524 AND 1600 EAST
77TH STREET AND ADJACENT UNDEVELOPED PARCEL; 77TH STREET
PROJECT C.L. 237
B. CONSIDERATION OF APPROVAL OF REQUEST BY CHURCH OF ST.. PETER
FOR ITINERANT PLACE OF AMUSEMENT LICENSE WITH FEE WAIVER FOR
1993 FALL FESTVAL ON SEPTEMBER 18 AND 19, 1993 C.L. 238
C. CONSIDERATION OF APPROVAL OF APPLICATION FOR RENEWAL OF
RESIDENTIAL KENNEL LICENSE; 7400 PILLSBURY AVENUE; THREE
CATS C.L. 239
D. CONSIDERATION OF APPROVAL OF APPLICATION FOR RENEWAL OF
• RESIDENTIAL KENNEL LICENSE; 6424 11TH AVENUE; THREE CATS
C.L. 240
• E. CONSIDERATION OF APPROVAL OF APPLICATION. FOR RESIDENTIAL
KENNEL LICENSE; 7425.PLEASANT AVENUE; THREE DOGS AND THREE
CATS C.L. 241
F. CONSIDERATION OF APPROVAL OF APPLICATION FOR COMMERCIAL
KENNEL•LICENSE; CUTLER ANIMAL HOSPITAL; 7738 COLFAX AVENUE
C.L. 242
G. CONSIDERATION OF APPROVAL OF APPLICATION FOR RENEWAL OF
PIGEON LICENSE; 6837 RUSSELL AVENUE
H. ESTIMATE #2 PAYMENT FOR CONSTRUCTION OF SHELTER BUILDING AT
NICOLLET PARK; EBERT CONSTRUTION; $12,055.50
I. ESTIMATE #3 PAYMENT NICOLLET PARK BUILDING; EBERT
CONSTRUCTION; $3,800.00
PUBLIC HEARING
4. PUBLIC HEARING REGARDING APPLICATION FOR NEW RESIDENTIAL
KENNEL LICENSE; 7315 THOMAS AVENUE; FOUR CATS (DEFERRED FROM
JULY 26, 1993)
COUNCIL LETTER NO. 243
PROPOSED ORDINANCES
. 5. CONSIDERATION OF FIRST READING OF ORDINANCE AMENDING SECTION
905, SUBSECTION 905.40, OF CITY CODE TO PROHIBIT FEEDING OF
DEER AND RACCOONS AND SETTING PUBLIC HEARING DATE AND SECOND
READING FOR SEPTEMBER 27, 1993
COUNCIL LETTER NO. 244
_ 6. CONSIDERATION OF FIRST READING OF ORDINANCE AMENDMENT
REZONING 7608 -10 LOGAN AVENUE FROM MULTIPLE RESIDENCE TO TWO
FAMILY RESIDENTIAL; AND REZONING 2814 WEST 72ND STREET, 7638
AND 7644 NEWTON AVENUE, 7639 AND 7645 OLIVER AVENUE, 7638
AND 7644 SHERIDAN AVENUE, AND 7639 AND 7645 THOMAS AVENUE
_. FROM MULTIPLE RESIDENCE TO SINGLE FAMILY RESIDENTIAL
COUNCIL LETTER NO. 245
ADMINISTRATIVE REPORTS & OTHER BUSINESS
7. CONSIDERATION OF EXPENDITURE OF $39,128 FOR INSTALLATION OF
UTILITIES UNDERGROUND WEST OF LYNDALE AVENUE AS PART OF 77TH
STREET RECONSTRUCTION PROJECT
COUNCIL LETTER NO. 246
8. CONSIDERATION OF WHETHER TO HOLD A CITY COUNCIL STUDY SESSION
• ON SEPTEMBER 6, 1993
COUNCIL LETTER NO. 247
AIRPORT BUSINESS
9. AIRPORT STATUS REPORT
CORRESPONDENCE
10. LEGISLATIVE REPORT
COUNCIL CHOICE
11. COUNCIL DISCUSSION ITEMS
12. 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.
is
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CITY OF RICHFIELD, MINNESOTA
Council Letter No. 3y7
Agenda August 23, 1993
Issue Statement:
Council consideration as to whether to hold a City Council Study
Session on September 6, 1993.
Background:
The City Council regularly conducts a Study Session on the first
Monday evening of each month. However, the first Monday in
September 1993 is a holiday and City offices will be closed.
Any business can be carried over to the October 4 Study Session.
Recommended Motion:
Cancel the City Council Study Session regularly scheduled for
September 6, 1993.
Basis of Recommendation:
1. September 6 is a holiday and City offices will be closed.
2. The holiday may cause a problem with a quorum for the
Council.
3. Any business can be carried over to the October 4 regularly
scheduled City Council Study Session.
is Alternative Recommendation:
1. Do not cancel the Study Session.
2. Reschedule the Study Session.
Discussion /Decision Mode:
This item has been placed on the August 23, 1993 City Council
agenda so proper notification can be made if the Study Session
is cancelled or rescheduled.
SLD:cak
•
Respectfully submitted,
v L. h 111
Acting City Manager
ICE
7
CITY OV RICHFIELD, MINNESOTA
• Council Letter No. 246
Agenda August 23, 1993
Issue Statement:
Approval of expenditure of $39,128 for installation of utilities
underground west of Lyndale Avenue as part of the 77th Street
Reconstruction Project.
Background:
In the planning of the 77th Street Project, City staff
investigated the cost of burying all the power lines along 77th
Street. At that time, it was believed that the individual
businesses would object to the cost to reconnect their electrical
service.
On August 13, 1993, the seven affected businesses met with
Michael Eastling, City Engineer, and agreed to pay the
reconnection fee -- estimated to cost about $3,000 per business - -if
Richfield would bury the Northern States Power Company (NSP)
power line between Aldrich and Colfax Avenues along the south
side of 77th Street.
Burying utility lines provides obvious visual benefits. Not only
are the wires and poles unsightly but trees must be kept trimmed
away from the lines, giving them an unnatural appearance. The
• businesses benefit by improving access for truck deliveries to
the rear of their buildings and by not blocking traffic on 77th
Street when deliveries are made.
NSP will install two new transformers at a cost of $17,000 and
related work to put the lines underground at a cost of $3,928 to
serve the business area south of 77th Street and between Aldrich
and Colfax Avenues.
There are also some related costs associated with moving
telephone pedestals and street lights to clear the rear of the
businesses for truck deliveries. A preliminary cost estimate for
the telephone work is $18,200.
The total cost of $39,128 of this underground utility work must
be borne by the City.
After visiting with the affected businesses and obtaining their
support for the proposal, City staff recommends burying the NSP
power lines and moving the telephone pedestals between Aldrich
and Colfax Avenues as part of the 77th Street Project.
Burying utility lines is not an eligible expense in the Federal
Demonstration Grant or Municipal State Aid (MSA -gas tax) funds.
There are sufficient interest earnings in the Municipal State Aid
• fund to cover this cost.
• Recommended Motion:
Approve the installation of underground utility lines along the
south side of 77th Street between Aldrich and Colfax Avenues as
part of the reconstruction of 77th Street upon receipt of a
signed contract from owners.
Basis of Recommendation:
1. The City is responding to a request by affected businesses
that favor this proposal because it will simplify truck
deliveries to businesses and avoid blocking traffic on 77th
Street.
2. The relocation of the overhead utility lines will provide an
improved visual environment along 77th Street.
3. There are no existing trees in the area affected by this
proposal and the addition of new trees will not be affected.
Alternative Recommendation:
The City Council could require that the utility lines be
maintained above ground.
Discussion /Decision Mode:
A decision is needed at the August 23, 1993 Council meeting so
that this plan modification does not delay the first stage of
construction of 77th Street between I -35W and Lyndale Avenue.
• R4ve ully submitte ,
ev�c
Ac ting City Manager
SLD:cak
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0
• CITY OF RICHFIELD, MINNESOTA
Council Letter No. 245
Agenda August 23, 1993
Issue Statement:
First reading consideration 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 &
7644 Newton Avenue, 7639 & 7645 Oliver Avenue, 7638 & 7644
Sheridan, and 7639 & 7645 Thomas Avenue from MR to R (single
family residential).
Background:
Staff has the zoning ordinance under review 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:
Approve first reading of an amendment rezoning 7608 -10 Logan
Avenue from MR to MR -1, and rezoning 2814 West 72nd Street, 7638
& 7644 Newton Avenue, 7639 & 7645 Oliver Avenue, 7638 & 7644
Sheridan, and 7639 & 7645 Thomas Avenue from MR to R; and set a
second reading and public hearing for September 27, 1993.
Basis of Recommendation:
1. This rezoning will help to bring the zoning map up to date
with current land use practices and the comprehensive plan.
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
appropriate to have eliminated 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:
Deny this rezoning at first reading.
Discussion /Decision Mode:
First reading is set for August 23, 1993. If approved, a public
hearing and second reading will be held on September 27, 1993.
is Re ec fully submitted,
eve L. Devich
Acting City Manager
SLD:ds
U
Bill No. 1993-
AMENDMENT TO APPENDIX I
OF THE CITY ZONING CODE OF
THE CITY OF RICHFIELD
The City of Richfield does ordain:
Appendix I which describes the boundaries of the various zoning
districts of the City is hereby amended in the following respects:
Section 5, Paragraph (2) is amended to read as follows:
( 2) That lying between the een- Ger lines of Thomas
Sheridan Avenues and between the center line of 77th Street and t
north lines of Lots 7 a 10, j cobsen and Quist st Seeend A drtien.
[Repealed].
Section 5, Paragraph (3) is amended to read as follows:
( 3 ) That area rlying between - the - center lines of Oliver and
Newten Avenues and between the eenter line ef 77th Street and t
north line -e of 7 and 10, eHardy's Addition. (Repealed] .
Section 5, Paragraph (6) is amended to read as follows:
(6 ) South 61 feet of e He rt -h 186.31 fcc+ of the east 1/8 of
the th 1,14- e- f the - SeiwestT/4 cu- crew -�v ,�wns- rizp --z8Range
24, e2Eeept street-. [Repealed] .
Section 5, Paragraph (10) is amended to read as follows:
(10 ) The west 82 feet of the south 1/2 of Lot 67, Sabin Lake
Harriet arden bets— Addition.[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 & 7644 Newton Avenue, 7639 &
7645 Oliver Avenue, 7638 & 7644 Sheridan, and 7639 & 7645 Thomas
Avenue from MR (multiple residence) to R (single family residence).
Passed by the City Council of the City of Richfield, Minnesota
this th day of , 1993.
ATTEST:
Thomas P. Ferber, City Clerk
Martin J. Kirsch, Mayor
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CITY OF RICHFIELD, MINNESOTA
Council Letter No.244
Agenda August 23, 1993
Issue Statement:
First reading of an ordinance amending Section 905 of the City
Code to prohibit feeding of deer and raccoons.
Background:
The growth of the deer population of over 20 at Wood Lake Nature
Center over the past 20 years is unacceptable. The Nature Center
can naturally support a population of one. The overgrazing of
deer affects the ability to support other wildlife and the deer
tend to move into the yards and gardens of homes to find food.
Some have gone through plate glass windows at schools and cars.
have hit deer on local streets. The raccoon population is also
growing and are capable of carrying domestic diseases. Deer and
raccoons can be found in other parts of the City including
Veterans Memorial Park of Richfield and Rich Acres Golf Course.
This proposed ordinance prohibits providing liquids or edible
material to deer or raccoons within the boundaries of the City.
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.
• The proposed ordinance will permit the City to better maintain
natural habitation and help prevent the animals from becoming a
hazard to the community and themselves. Residents, groups,
associations and organizations will be notified of any change in
the ordnance 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.
This proposed ordinance has been recommended by the Friends Of
Wood Lake (FOWL) Board and Community Services Commission.
Recommended Motion:
Approve first reading of the ordinance amendment to Section 905,
subsection 905.40, of the City Code and set a public hearing date
and second reading for September 27, 1993.
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
is growth but have caused damage to schools, homes and vehicles.
5Ft
3. The deer are a danger to the community as well as to
• themselves. Some have been destroyed after causing injury.
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:
First reading is scheduled for the August 23 Council meeting.
SLD:ds
Attachment
•
Res ,pectfully submitted,
L. Devich
Acti g City Manager
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 day of , 1993.
• Martin J. Kirsch Mayor
ATTEST:
Thomas P. Ferber City Clerk
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CITY OF RICHFIELD, MINNESOTA
Council Letter No. 243
Agenda August 23, 1993
Issue Statement:
Public hearing for consideration of an application for a new
residential kennel license for Philip Mortenson, 7315 Thomas
Avenue. (Deferred from July 26, 1993).
Background:
On May 5, 1993, Philip Mortenson submitted an application for a
residential kennel license. He owns four cats (all are Domestic
Short Hairs). Mr. Mortenson's application had all contiguous
property owners' signatures on it with the exception of the
resident living behind them at 7314 Sheridan Avenue.
In April 1993, an inspection of the property was conducted by a
Community Service Officer (CSO). The CSO did note that one of
the abutting property owners had not signed the petition. A
kennel inspection of the property found no apparent problems at
that time.
Staff has received letters from four of Mr. Mortenson's neighbors
who do not support the issuance of a kennel license. They have
had problems with feces in their yards and do not feel the cats
should be allowed to run free. Staff also received a call from a
. neighbor who is considering moving out of Richfield. She has one
small child and would like to have more. However, because cat
feces can be a safety hazard to pregnant women, she feels no
young couple would want to live in this type of environment. In
addition, she also feels that the cats in question are always
running free.
Mr. Mortenson's kennel license was denied on June 10, 1991.
After the denial of his application, he had to reduce the number
of cats from ten to two. At that time, staff received three
complaints from people who went to his home to see about adopting
a cat. The complaints consisted of the number of cats in the
home, urine smells and feces.
Mr. Mortenson submitted an application for a 1993 residential
kennel license for four cats on May 5, 1993. On June 28, 1993,
the City Council suggested Mr. Mortenson, along with his
neighbors, meet with West Suburban Mediation Center. They met on
Tuesday, July 20. There were only two neighbors who attended the
mediation and it was not conducted due to the low turnout.
Mr. Mortenson's request for a kennel license was brought back
before the City Council on July 26, 1993. At that time, it was
agreed that Mr. Mortenson would initiate a second session with
West Suburban Mediation for the purpose of attempting to have an
• evening session. It was hoped that there would be more neighbors
willing to participate in an evening meeting.
q I.-
An evening mediation session was held with Mr. Mortenson and two
of his neighbors on August 5, 1993. Several issues were
discussed, but none that seemed to determine the outcome of his
kennel.license (see attached). West Suburban Mediation received
a letter from one neighbor who was unable to attend the evening
session but wanted to let them know they were opposed to the
issuance of a residential kennel license (see attached). Staff
also received a second letter from Steve and Janet Benner, 7315
Thomas, who were unable to participate in_ either mediation
session and continue to be strongly opposed to the issuance of a
license.
Mr. Mortenson was recently refunded $60 for his 1992 residential
kennel license. Due to a clerical error, his application never
went before Council in 1992.
Although this application is for four cats, it does not exceed
the maximum number of six animals that was approved by the
Council as policy on July 22, 1991.
At this time, Mr. Mortenson would like to re -apply for his
residential kennel license.
Recommended Motion:
Staff recommends that the application for a residential kennel
license be denied. If Mr. Mortenson's request for a license is
. denied, he will be given 30 days from the date of denial in which
to reduce the number of animals on his property from four to two.
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 Mr. Mortenson's
residential kennel license. This would mean that he would be
able to keep his four cats.
Discussion /Decision Mode:
Recommendation to deny the application for a residential kennel
license for Philip Mortenson, 7315 Thomas Avenue, is presented
for Council consideration at this time.
p ct I L ubmitted. , "
'f L . Devich
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Acting City Manager
SLD:cak
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• To: West Suburban Mediation Center
Betsy Christianson, City of Richfield
Richfield City Council
From: Steve & Janet Benner
7314 Sheridan Ave. S.
Re: Kennel license at 7315 Thomas Ave. S.
-Date: August. - 2.1993 _ - _ --
We have received two notices of mediation dates that have been set up regarding
this case. Due to our employment situations we are unable to attend these sessions.
We understand that at the first Council meeting on this matter, Mr. Mortenson
informed the Council that we have no problem with his cats. We sent a letter to the
contrary to Betsy Christianson at the City of Richfield. In lieu of attending the
mediation, we are submitting this second written objection to the Council's
approval of the kennel license. Our objection is based on our personal observations
of the present situation.
We have witnessed the Mortenson's cat's roaming 'the neighborhood, our property
as well as those adjacent to us and on the East side of Sheridan Ave. In addition,
we have witnessed.them defecating in our yard. Lastly, we have witnessed their cats
running around with birds or other small game in their mouths. This is hardly the
behavior of a domestic animal.
Due to the lack of control over the cat's presently housed at 7315 Thomas, we are
- - - -
opposed.-to-the- City, permitting _additional . animals..
If you have additional questions, please feel free to call us at 869 -2206.
Steve Benner
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Janet Benner
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CITY OF RICHFIELD, MINNESOTA
Council Letter No. 242
Agenda August 23, 1993
Issue Statement:
Consideration of an application for a commercial kennel license
for Cutler Animal Hospital, 7738 Colfax Avenue.
Background:
On May 27, 1993, Cutler Animal Hospital submitted an application
for the renewal of their commercial kennel license.
On August 17, 1993, an inspection of the property was conducted
by a Community Service Officer. There were no apparent problems
found at that time.
Recommended Motion:
Staff recommends that the application for a commercial kennel
license be approved.
Basis for Recommendation:
1. The applicant has complied with the City codes pertaining to
a commercial kennel license.
2. The City has previously issued a kennel license to Cutler
Animal Hospital.
Alternative Recommendation:
1. The Council could decide to deny the request for a commercial
kennel license. However the Public Safety Department has not
found any basis for a denial.
Discussion /Decision Mode:
Recommendation to approve the application for a commercial kennel
license for Cutler Animal Hospital, 7738 Colfax Avenue, is
presented for Council consideration at this time.
SLD:ds
Resp ctfully submitted,
e L. D ich
Acting City Manager
3�
. CITY OF RICHFIELD, MINNESOTA
Council Letter No. 241
Agenda August 23, 1993
Issue Statement:
Consideration of an application for a renewal of a residential
kennel license for Claire Todd, 7425 Pleasant Avenue.
Background:
On June 28, 1993, Claire Todd submitted an application for a
residential kennel license. She owns three dogs and three cats.
Ms. Todd's application had all contiguous property owners'
signatures on it.
On August 1, 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
received no calls or complaints from any of the neighbors.
Although this application is for three dogs and three 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 approved.
Basis for Recommendation:
1. It is up to the animal owner to prove that the keeping
of more than two dogs and two cats does not have an adverse
effect on the neighborhood. Ms. Todd has been able to do
this.
Alternative Recommendation:
1. The Council could decide to deny Ms. Todd's residential
kennel license. This would mean that she would have to
reduce the number of dogs she has from three to two and the
cats from three to two.
Discussion /Decision Mode:
Recommendation to approve the application for a residential
kennel license for Claire Todd, 7425 Pleasant Avenue, is
presented for Council consideration at this time.
ZRes c fully ubmitted,
L. �Devich
�1 1
Acting City Manager
SLD:ds
• CITY OF RICHFIELD, MINNESOTA
Council Letter No.240
Agenda August 23, 1993
Issue Statement:
Consideration of an application for a renewal of a residential
kennel license for David Delzer, 6424 -11th Avenue.
Background:
On June 30, 1993, David Delzer submitted an application for a
residential kennel license. He owns three cats. Mr. Delzer's
application had all contiguous property owners' signatures on it.
On August 1, 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
received no calls or complaints from any of the neighbors.
Although this application is for three 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 approved.
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. Mr. Delzer has been able to do
this.
Alternative Recommendation:
1. The Council could decide to deny Mr. Delzer's residential
kennel license. This would mean that he would have to
reduce the number of cats he has from three to two.
Discussion(Decision Mode:
Recommendation to approve the application for a residential
kennel license for David Delzer, 6424 -11th Avenue, is presented
for Council consideration at this time.
Z Res Z!P mi
Acting City Manager
. SLD:ds
30
3c
CITY OF RICHFIELD, MINNESOTA
Council Letter No.239
Agenda August 23, 1993
Issue Statement:
Consideration of an application for a renewal of a residential
kennel license for Lynne and Scott Clarke, 7400 Pillsbury Avenue.
Background:
On June 30, 1993, Lynne and Scott Clarke submitted an application
for a residential kennel license. They own three cats. Lynne
and Scott Clarke's application had all contiguous property
owners' signatures on it.
On July 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
received no calls or complaints from any of the neighbors.
Although this application is for three 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 approved.
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. Lynne and Scott Clarke have been able to do
this.
Alternative Recommendation:
1. The Council could decide to deny Lynne and Scott Clarke's
residential kennel license. This would mean that they would
have to reduce the number of cats they have from three to
two.
Discussion /Decision Mode:
Recommendation to approve the application for a residential
kennel license for Lynne and Scott Clarke, 7400 Pillsbury Avenue,
is presented for Council consideration at this time.
Res c fully bmit ed,
e en L. Devich
Acting City Manager
SLD:ds
z -1
CITY OF RICHFIELD, MINNESOTA
Council Letter No.238
Agenda August 23, 1993
Issue Statement:
Request by the Church of St. Peter for an itinerant place of
amusement license for the 1993 Fall Festival to be held September
18 and 19, 1993.
Background:
On July 12, 1993, the Church of St. Peter submitted a request for
an itinerant place of amusement license for September 18 and 19,
1993. They are requesting that the fee be waived.
Recommended Motion:
Approve the license, fee waived, for September 18 and 19, 1993
for St. Peter's 1993 Fall Festival.
Basis for Recommendation:
1. The applicant has complied with the City codes pertaining to
this license.
2. The City has previously issued this license in conjunction
with the St. Peter Fall Festival.
Alternative Recommendation:
. 1. The Council could decide to deny the request. The Public
Safety Department has not found any basis for a denial. In
addition, the Council has previously granted this license in
conjunction with the St. Peter Fall Festival.
Discussion /Decision Mode:
The request for this license has been placed on the consent
calendar for August 23, 1993.
SLD:ds
•
Res fully s bmitted,
L. ich
Acting City Manager
3A
CITY OF RICHFIELD, MINNESOTA
Council Letter No.237
Agenda August 23, 1993
Issue Statement:
Adoption of resolutions establishing just compensation and
authorizing the purchase of 1524 and 1600 East 77th Street and the
adjacent undeveloped parcel; 77th Street Project.
Background:
These three parcels are under one ownership and represent the only
parcels in Phase II for which just compensation has not yet been set.
The first resolution is for the two apartment buildings. Each
building has 23 units. Funding for the purchase of this property
will be provided through the Minnesota Department of Transportation
(MnDOT) and the Federal Highway Administration (FHWA).
The second resolution is for the undeveloped parcel of land
immediately adjacent to and north of the apartment buildings. It is
bordered on the east by Washington Park. This parcel of
approximately 46,000 s.f. will help replace the 39,073 s.f. of park
land to be lost to the 77th Street Project from Washington Park and
will also help offset the loss of 40,200 s.f. from Roosevelt Park.
Funding for the purchase of this parcel would come from the proceeds
of sale of park land to the 77th Street Project.
• Recommended Motion:
Adopt the attached resolutions which do the following:
1.
Sets
just
compensation
for
the
two apartment parcels
at $946,900.
2.
Sets
just
compensation
for
the
undeveloped parcel at
$49,700.
3. Authorizes the City Manager and Mayor to execute purchase
agreements in the amounts of just compensation.
Basis of Recommendation:
1. MnDOT and FHWA appraisal procedures were followed.
2. Funds are available for the purchases.
3. Purchase of the undeveloped parcel will help mitigate the loss of
park land.
Alternative Recommendation:
Do not set the purchase price and authorize purchase.
Discussion /Decision Mode:
Approval of this matter at the August 23, 1993 City Council meeting
will assist the staff proceed with Phase II in a timely manner.
• R e tfully ORTbmitted,
teven L. Devic
Acting City Manager
SLD:ds
3)4-/
RESOLUTION NO.
THE CITY OF RICHFIELD, MINNESOTA
RESOLUTION ESTABLISHING JUST COMPENSATION
AUTHORIZING PURCHASE OF REAL PROPERTY
WHEREAS, the City of Richfield, Minnesota desires to
purchase certain real property pursuant to and in furtherance of
the 77th Street Project (Project) heretofore adopted by the City
of Richfield (City) said real property being described as:
Except Roads, Tract C, Registered Land Survey No. 1003,
Hennepin County, Minnesota
aka 1524 East 77th Street;
Except Road, Tract D, Registered Land Survey No. 1003,
Hennepin County, Minnesota
aka 1600 East 77th Street.
WHEREAS, the City has adopted an official map for
improvements to 77th Street; and
WHEREAS, the City is authorized by Minnesota Statutes to
acquire real property within its jurisdiction; and
WHEREAS, the Minnesota Department of Transportation (MnDOT)
and Federal Highway Administration (FHWA) are funding this
project; and
WHEREAS, the City has caused appraisals of the subject
property to be made by qualified independent professional real
estate appraisers to determine fair market value; and
WHEREAS, a qualified review appraiser has certified the
appraisal report as to conformity with appraisal standards and
has certified same.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Richfield, Minnesota as follows:
1. That just compensation is determined to be:
$946,900 for both 1524 East 77th Street and 1600 East 77th
Street.
2. That the City Manager is authorized and directed to commence
negotiations for the purchase of said real property.
3. That the City Manager and Mayor are authorized to execute a
purchase agreement for the amount of just compensation set
forth in this resolution.
•
3A a-
4. That the City Manager is hereby directed to notify, in
writing, the owners of subject property as soon as possible
that the City intends to acquire his /her property and
establish eligibility for relocation benefits.
Adopted by the City Council of the City of Richfield,
Minnesota this 23rd day of August, 1993.
ATTEST:
Thomas P. Ferber, City Clerk
1
J
0
Martin J. Kirsch, Mayor
0
U
•
3A-3
RESOLUTION NO.
THE CITY OF RICHFIELD, MINNESOTA
RESOLUTION ESTABLISHING JUST COMPENSATION
AUTHORIZING PURCHASE OF REAL PROPERTY
WHEREAS, the City of Richfield, Minnesota desires to
purchase certain real property for parkland purposes in
furtherance of maintaining and expanding City parks said real
property described as:
Tract E, Registered Land Survey No. 1003, Hennepin
County, Minnesota.
WHEREAS, the subject real property is undeveloped
residential land which adjoins Washington Park; and
WHEREAS, a partial taking by the 77th Street project will
result in a loss of parkland at Washington Park; and has resulted
in a loss of parkland at Roosevelt Park; and
WHEREAS, the City has adopted an official map for
improvements for 77th Street which references the taking of
parkland; and
WHEREAS, the City'is authorized by Minnesota Statutes to
acquire real property within its jurisdiction; and
WHEREAS, the acquisition of the undeveloped residential land
is a mitigative action discussed in the Environmental Assessment;
and
WHEREAS, the funding for the acquisition of this undeveloped
land will be provided from the sale proceeds of the partial
taking from Washington Park and Roosevelt Park which was funded
by the Minnesota Department of Transportation (MnDOT) and the
Federal Highway Administration (FHWA) for the 77th Street
Project; and
WHEREAS, the City has caused appraisals of the subject
property to be made by qualified independent professional real
estate appraisers to determine fair market value; and
WHEREAS, a qualified review appraiser has certified the
appraisal report as to conformity with appraisal standards and
has certified same.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Richfield, Minnesota as follows:
1. That just compensation is determined to be $49,700.
3 A-4
2. That the City Manager is authorized and directed to commence
• negotiations for the purchase of said real property.
3. That the City Manager and Mayor are authorized to execute a
purchase agreement for the amount of just compensation set
forth in this resolution.
4. That the City Manager is hereby directed to notify, in
writing, the owners of subject property as soon as possible
that the City intends to acquire his /her property and
establish eligibility for relocation benefits.
Adopted by the City Council of the City of Richfield,
Minnesota this 23rd day of August, 1993.
ATTEST:
Thomas P. Ferber, City Clerk
•
Martin J. Kirsch, Mayor
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