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2-25-91 agendaCITY OF RICHFIELD, MINNESOTA REGULAR CITY COUNCIL MEETING MONDAY, FEBRUARY 25, 1991 7:00 P.M. AGENDA INTRODUCTORY PROCEEDINGS CALL TO ORDER PLEDGE OF ALLEGIANCE APPROVAL OF MINUTES OF (1) SPECIAL CITY COUNCIL MEETING OF FEBRUARY 5, 1991; (2) SPECIAL CITY COUNCIL MEETING OF FEBRUARY 6, 1991; (3) SPECIAL CITY COUNCIL .MEETING. OF FEBRUARY 7, 19.91; (4) SPECIAL CITY COUNCIL MEETING OF FEBRUARY 11, 1991; AND (5) REGULAR CITY COUNCIL MEETING OF FEBRUARY 11, 1991 PRESENTATIONS 1. OPPORTUNITY FOR PERSONS TO ADDRESS THE COUNCIL ON ITEMS NOT LISTED ON THE AGENDA 2. PROCLAMATION IN SUPPORT OF RICHFIELD DECA-FREE ENTERPRISE WEEK, FEBRUARY 25-MARCH 1, 1991 3. PROCLAMATION DESIGNATING VOLUNTEERS OF AMERICA WEEK IN RICHFIELD, MARCH 3-10, 1991 AGENDA APPROVAL 4. 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. bA. CONSIDERATION OF APPROVAL OF PURCHASE ORDER IN THE AMOUNT OF $28,439 TO CARLSON TRACTOR AND EQUIPMENT COMPANY FOR PURCHASE OF TRACTOR-LOADER FOR RICH ACRES GOLF COURSE C.L. 56 RESOLUTIONS 6. CONSIDERATION OF RESOLUTION APPROVING GAMBLING ACTIVITY REQUESTED BY ST. RICHARD'S CHURCH, 7540 PENN AVENUE SOUTH COUNCIL LETTER N0. 57 7. CONSIDERATION OF RESOLUTION ESTABLISHING JUST COMPENSATION AND AUTHORIZING PURCHASE OF 7645 OAKLAND AVENUE AND SUBMITTAL OF RIGHT-OF-WAY ACQUISITION LOAN FUND (RALF) APPLICATION; 77TH STREET PROJECT COUNCIL LETTER NO. 58 8. CONSIDERATION OF RESOLUTIONS RELATED TO WOOD LAKE NATURE CENTER: 1) ESTABLISHING THE FRIENDS OF WOOD LAKE AND 2) ESTABLISHING THE FRIENDS OF WOOD LAKE ENDOWMENT FUND AND THE FRIENDS OF WOOD LAKE OPERATING FUND, AND PROVISION FOR THE SAFE KEEPING AND USE OF SUCH FUNDS COUNCIL LETTER NO. 59 ADMINISTRATIVE REPORTS & OTHER BUSINESS 9. DISCUSSION OF RECONSIDERATION OF CONDITIONAL USE PERMIT AND OFFSTREET PARKING PERMIT FOR AN INDOOR MINIATURE GOLF FACILITY WITH VIDEO MACHINES AND CONCESSIONS AT 7200 CEDAR AVENUE COUNCIL LETTER NO. 60 CORRESPONDENCE 10. LEGISLATIVE REPORT COUNCIL CHOICE 11. COUNCIL DISCUSSION ITEMS 12. CLAIMS AND PAYROLLS ADJOURNMENT V ~ N ~ ~ 00 ~--~ N N .~ ~~ ~ ~ ~ u .~ x~ cno wui~ w~ d. o -~ o ~~ r-~l ~ C~ ~~ ~ ~u N N ~ N `O N ~ ~ ~ x ~ ~~ ~ `~ ''~' ~ ~ ~ ~ ~ ~ ~. ~ x.~ U ~ ~ a_ a vii a ~ ~ °~ N O~ 1O °o.~ o. ~ r ~ ~ N ~ ~~ ~ U ~ OO !~ ~ U ~ ~ U U U -~ +~~ ~ U ~ ~ ~ ~ U a`~ a~ a'~ a a~ ~ N ~x ° ° ~ ° ~~ o ~~~ ~ ~ o o ~ N o ~~ ~, W Ql I-~~ W Q 0 x w 3 O A x 0 o~ CITY OF RICHFIELD, MINNESOTA SPECIAL CITY COUNCIL MEETING February 5, 1991 MEMBERS PRESENT: Martin Kirsch, Mayor;. Michael Sandahl; Kristal Stokes; William Bullock; and Ivan Ludeman. The meeting was called to order by Mayor Kirsch at 6:15 p.m. The City Council conducted interviews of applicants for City Commissions . ADJOURNMENT The meeting was adjourned by unanimous consent at 8:45 p.m. Date Approved: Thomas P. Ferber City Clerk Martin J. Kirsch Mayor James D. Prosser City Manager f CITY OF RICHFIELD, MINNESOTA SPECIAL CITY COUNCIL MEETING February 6, 1991 MEMBERS PRESENT: Martin Kirsch, Mayor; Michael Sandahl; Kristal Stokes; William Bullock; and Ivan Ludeman (left 7:04 p.m.). The meeting was called to order by Mayor Kirsch at 6:07 p.m. The City Council conducted interviews of applicants for City Commissions . ADJOURNMENT The meeting was adjourned by unanimous consent at 9:01 p.m. Date Approved: Martin J. Kirsch Mayor Thomas P. Ferber City Clerk James D. Prosser. City Manager CITY OF RICHFIELD, MINNESOTA SPECIAL CITY COUNCIL MEETING February 7, 1991 MEMBERS PRESENT: Martin Kirsch, Mayor; Michael Sandahl (absent 7:25 p.m. - 8:50 p.m.); Kristal Stokes; William Bullock; and Ivan Ludeman (absent 7:30 p.m. - 9:40 p.m.). The meeting was called to order by Mayor Kirsch at 6:10 p.m. The City Council conducted interviews of applicants for City Commissions. ADJOURNMENT • The meeting was adjourned by unanimous consent at 9:57 p.m. Date Approved: Martin J. Kirsch Mayor Thomas P. Ferber City Clerk James D. Prosser City Manager CITY OF RICHFIELD, MINNESOTA SPECIAL CITY COUNCIL MEETING February 11, 1991 MEMBERS PRESENT: Martin Kirsch, Mayor; Michael Sandahl; (absent Kristal Stokes; William Bullock; and Ivan Ludeman. The meeting was called to order by Mayor Kirsch at 6:00 p.m. The City Council conducted interviews of student applicants for. City Commissions. ADJOURNMENT The meeting was adjourned by unanimous consent at 6:45 p.m. Date Approved: Thomas P. Ferber City Clerk Martin J. Kirsch Mayor James D. Prosser City Manager CITY OF RICHFIELD, MINNESOTA REGULAR CITY COUNCIL MEETING February il, 1991 MEMBERS PRESENT: Martin Kirsch, Mayor; Ivan Ludeman; Michael Sandahl; Kristal Stokes; and William Bullock. STAFF PRESENT: James Prosser, City Manager; Steven Devich, Administrative Services Director; Thomas P. Ferber, City Clerk; Donald Fondrick, Community Services Director; Byron Wallace, Community Development Director; Jack Erskine, Public Safety Director; William Fillmore, Liquor Operations Director; and John Dean, City Attorney. The meeting was called to order by Mayor Kirsch at 7:00 p.m. PRESENTATION OF COLORS AND PLEDGE OF ALLEGIANCE Mayor Kirsch led the audience in the Pledge of Allegiance. Mayor Kirsch asked for a moment of silence in .honor of our military in the Middle East. APPROVAL OF MINUTES M/Ludeman, S/Sandahl to approve the minutes of the Special City Council Meeting of January 23, 1991; the minutes of the Special City Council Meeting of January 24. 1991; the minutes of the Regular City Council Meeting of January 28, 1991; and the minutes of the Study Session Meeting of February 4, 1991. Motion carried 5-0. Item #1 OPPORTUNITY FOR CITIZENS TO ADDRESS THE CITY COUNCIL ON ANY ITEM NOT LISTED ON THE AGENDA. Ernest Lindstrom, 7406 Fremont Avenue, stated he had provided 6 transcript copies of the December 4, 1990 Town Meeting to Mayor Kirsch for the Council and City Manager. He stated concern about a call he received from a retired 30 year foreman for the city regarding hiring practices related to Richfield residents.. He indicated that he was told qualified Richfield men had not been hired for an entry level maintenance positions and that people from outside the City had been hired instead. Council Meeting Minutes -2- February 11,1991 Item #2 PRESENTATION OF PHOTOGRAPH OF VETERANS MEMORIAL PARK OF RICHFIELD PLAYFEATURE FROM WARREN ANONDSON, PRESIDENT OF EARL F. ANDERSEN ~ ASSOCIATES, INC. C.L. N0. 40 Warren Amondson, President of Earl F. Andersen & Associates, Inc. presented a framed photograph of the Veterans Memorial Park of Richfield playfeature to the City Council. Item #3 PROCLAMATION DESIGNATING FEBRUARY 19-22, 1991 AS STUDENTS AGAINST DRUNK DRIVING WEEK IN THE CITY OF RICHFIELD. Richfield High School SADD members Ann Stroshane and Kristy Brunell reviewed the events scheduled for SADD Week. Council Member Sandahl read a proclamation designating February 19-22, 1991 as Students Against Drunk Driving Week in the. City of Richfield. Item #4 PROCLAMATION HONORING PAUL RIDGEWAY FOR THE 1990-1991 LAKE CONFERENCE DISTINGUISHED ALUMNI AWARD IN PUBLIC SERVICE. Richfield High School Principal Dick Maas reviewed the accomplishments of Richfield graduate Paul Ridgeway. Mayor Kirsch read a proclamation honoring Paul Ridgeway for receiving the 1990-1991 Lake Conference Distinguished Alumni Award in Public Service. Item #5 COUNCIL APPROVAL OF AGENDA M/Ludeman, S/Sandahl to approve the agenda. Motion carried 5-0. Council Meeting Minutes Item #6 CONSENT CALENDAR -3- February 11,1991 6A. APPROVED PURCHASE ORDER IN THE AMOUNT OF $12,914 FOR ST. PAUL LINOLEUM AND CARPET COMPANY TO FURNISH AND INSTALL CARPET AT WOOD LAKE NATURE CENTER C.L. 41 6B. APPROVED 1991 LABOR CONTRACT WITH THE RICHFIELD POLICE SUPERVISORS UNIT C.L. 42 RESOLUTION N0. 7716 RESOLUTION APPROVING LABOR AGREEMENT BETWEEN THE CITY OF RICHFIELD AND THE RICHFIELD POLICE SUPERVISORS BARGAINING UNIT LOCAL 162 FOR THE YEAR 1991 This Resolution appears as Resolution No. 7716 in Resolution Book No. 59. 6C. APPROVED RESOLUTION APPROVING RECYCLING CONTAINER TEST PROJECT IN THREE MULTI-FAMILY RESIDENTIAL BUILDINGS IN THE CITY, IN COOPERATION WITH BROWNING FERRIS INDUSTRY AND SHAMROCK INDUSTRIES, INC. C.L. 43 RESOLUTION N0. 7717 RESOLUTION ACCEPTING THE OFFERS OF BROWNING FERRIS INDUSTRY AND SHAMROCK INDUSTRIES, INC. TO OPERATE~A RECYCLING CONTAINER TEST PROJECT IN THREE MULTI-UNIT APARTMENT DWELLINGS IN RICHFIELD This Resolution appears as Resolution No. 7717 in Resolution Book No. 59. 6D. APPROVED FIRE MUTUAL AID AGREEMENT C.L. 44 6E. APPROVED OF RESOLUTION ESTABLISHING A LIMIT ON NUMBER OF TERMS FOR ADVISORY BOARD AND COMMISSION MEMBERS AND LIMITING NUMBER OF COMMISSIONS ON WHICH INDIVIDUALS MAY SERVE. C.L. 45 6F. APPROVED RENEWAL OF COMMERCIAL GARBAGE AND REFUSE COLLECTION LICENSE, KNUTSON SERVICES, INC. M/Sandahl, S/Stokes to approve the consent calendar. Motion carried 5-0. a Council Meeting Minutes -4- February 11,1991 Item #7 CONSIDERATION OF A REQUEST TO PAY LEGAL FEES RELATED TO COUNCIL VACANCY DISPUTE (CONTINUED FROM JANUARY 28) C.L. NO. 46 City Manager Prosser reviewed Council Letter No. 46 regarding a request by John Westrick, the attorney for Steve Quam, for a bill for legal services related to-the council vacancy issue in the amount of $4829.75. Council Member Ludeman stated he opposed payment because he ` felt the action was a self serving effort by Mr. Quam and Mrs. Garcia to control the appointment process and also that the cost was too high. Ernest Lindstrom, 7406 Fremont Avenue reviewed the City Charter provisions regarding council vacancies and the council actions taken regarding the vacancy. He said it was his opinion that the writ of mandamus was a political action evidenced by the fact and that Gordon Anderson sought private donations for the costs. Mr. Lindstrom stated the City should not pay the bill. Council Member Sandahl stated the City Council should make a decision based on two issues: 1) the precedent set, (2) reasonable stewardship - further litigation will cost much more. He stated the City Council should have a policy about intracouncil litigation and disputes. Council Member Sandahl said that council members should feel there is a reasonable chance of some possibility of payment for .legal costs. If not, there is no opportunity for challenge. John Westrick, attorney, appeared in support of his request. Mayor Kirsch reviewed the council's action of November 26, 1990 stating that they had unanimously agreed to schedule action of the vacancy, which did occur. Council Member Sandahl indicated it was not totally clear to him at the time that they would be declaring the vacancy or dust conducting interviews. M/Sandahl, S/Bullock to ~av the legal bill submitted by John Westrick in the amount of 54829 75. Motion failed 2-3. (Ludeman, Stokes, Kirsch opposed) ~~City Attorney Dean reviewed some of the reasons stated by council members for denial of the payment. Council Meeting Minutes -5- February 11,1991 Ernest Lindstrom, 7405 Fremont Avenue, said he thought it was inappropriate for Mr. Dean to ask about the motives of their vote and that the council shouldn't tell the City Attorney anything. City Attorney Dean stated that he was trying to determine for the record the factual basis for the determination by council as a group because Mr. Westrick had indicated future litigation to recover these costs. Item #8 CONSIDERATION. OF REQUEST. FOR A CONDITIONAL USE PERMIT AND OFF-STREET .PARKING PERMIT AT 7200 CEDAR AVENUE. C.L. N0. 47 City Manager Prosser reviewed Council Letter No. 47 regarding a request by Putter's Paradise, Inc. for a special use permit and off-street parking permit to allow an indoor miniature golf facility with video machines and concessions at 7200 Cedar Avenue. He reviewed the staff recommendation to deny the request. Dan Markwardt, Putter's Paradise Inc., reviewed the proposed Putter's Paradise indoor miniature golf facility concept and operation. He indicated the use would be consistent with the intent of the Comprehensive Plan, that it would generate little additional traffic, that parking was adequate, would enhance the area, and be used by neighborhood residents. Council Member Ludeman asked what the value of the building would be. Mr. Markwardt stated that excluding the land, the building would cost about $215,000. Council Member Bullock asked if Mr. Markwardt anticipated groups waiting to use the facility. Mr. Markwardt stated he did not anticipate people waiting very long; they would go elsewhere for entertainment if there was a waiting period. Ray Howe, 7220 18th Avenue, stated concerns about the negative impact of the facility on the neighborhood and the congregation of teenagers near it. ~JoAnn Skaggs, 7128 18th Avenue, stated concern that the video machines would make it a teenager hangout. Council Meeting Minutes -6- February 11,1991 Chris Pluer, Bloomington, representing his mother Ardel Rodseth, 1717 E. 72nd Street, stated concerns about parking and the impact of the neighborhood from teenagers who would congregate in the area of the facility. Joel Skaggs, 7128 18th Avenue, stated that the activity was wholesome family fun but that the facility would be too busy and open too late to~operate in this residential area. James Picha, 7234 18th Avenue, stated he agreed with the staff recommendation to deny this proposal. He stated that he supported the plans for the area in the. Comprehensive Plan and the City should continue to follow those. Yvonne Shirk, representing Putters Paradise, Inc. indicated most traffic would be on Cedar Avenue and that teenagers are not all bad people. M/Ludeman, S/Sandahl to close the public hearing. Motion carried 5-0. Council Member Stokes stated she had met with Mr. Markwardt and the neighbors regarding this issue. Council Member Ludeman stated that the City's teen center has video games and has not caused problems for the neighborhood. He indicated this project could enhance available wholesome activities for families and youth. He indicated it was an appropriate site for this facility and was good that free enterprise would provide miniature golf rather than what had been suggested for Legion Lake. Council Member Bullock asked Public Safety Director Erskine if there had been any problems at the teen center. Public Safety Director Erskine stated that there had been very few problems and that the center is well staffed. Council Member Sandahl asked what could be required of the operator if problems did occur. .Public Safety Director Erskine indicated licensing of this type of operation could provide more control if it is needed. Council Member Sandahl stated teenagers are not all bad and that other permitted uses may be worse for the neighborhood. 'City Attorney Dean indicated that the City Council could put conditions upon the approval to address potential problems and suggested possible language to use in the motion. Council Meeting Minutes -7- February 11,1991 Mayor Kirsch stated he concurred with the staff recommendation of denial because it is not consistent with the comprehensive plan and noted also that many from the neighborhood spoke in opposition to it. M/Ludeman, S/Sandahl ~2 apurove the conditional use aermit and off-street parking Dermit for Putter's Paradise Ina. an indoor miniature golf facility with video machines and concessions at 7200 Cedar Avenue with the condition that use permitted and the parking access shall be operated and managed in such a way that the occupants of nearby residential properties will not be annoyed or disturbed. Motion carried 3-2. (Kirsch, Stokes opposed) Item #9 CONSIDERATION OF REQUEST FOR AN AMENDMENT TO THE OFF-STREET PARKING PERMIT FOR METRO SALES, INC., 1620 EAST 78TH STREET. C.L. NO. 48 City Manager Prosser reviewed Council Letter No. 48 regarding a request by Metro Sales, Inc. for an amendment to their off-street parking permit. Scott Helmes, Skaaden-Helmes Architects Inc., stated the proposed project addresses the company's need for expansion and the future reorientation of the building to 77th Street. M/Ludeman, S/Sandahl to close the public hearing. Motion carried 5-0. M/Sandahl, S/Bullock to approve the request of Metro SalesF Inc. for an amendment to the off-street marking permit at 1620 East 78th Street to allow construction of a two. level addition and a site Alan with 69 AarkinQ spaces subiect to the following ipulation 1. Automatic sprinkler system (fire protection) required. 2. All new curbs to be MnDot type B-618 concrete curb and gutter. (This requirement was waived except in the driveway throats which must be MnDot type B-618. The remainder of the new curb should match the existing interior curbs.) 3. Replacement curb openings to be as per city standards. 4. Install catch basin in parking lot and connect to City storm sewer. 5. Re-contour parking lot to direct storm water flow to new catch basin. 6. Internal drive aisle be provided on north end of site. 7. Curb cut/driveways should be one way. Motion carried 5-0. Council Meeting Minutes -8- February 11,1991 Item #10 CONSIDERATION OF REQUEST FOR A CONDITIONAL USE PERMIT AND OFF-STREET PARKING PERMIT AT 7608 KNOX AVENUE. C.L. N0. 49 City Manager Prosser reviewed Council Letter No. 49 regarding a request for a conditional use permit and off-street parking permit at 7608 Knox Avenue to allow a public garage for an automobile tune-up and brake repair shop. Applicant Hamed Kalifa spoke in support of the request. M/Sandahl, S/Ludeman to close the public hearing. Motion carried 5-0. M/Sandahl, S/Ludeman to a~pUrove the conditional use permit and off street parking permit per the proposed site plan for an automobile tune-up and brake regair shop at 7608 Knox Avenue with the following .stipulations: 1. The applicant provide a cash escrow to cover parking ,lot restriping, required signage, and fence repair in the rear parking lot. 2. All building and fire code orders be completed within 90 days. 3. The overhead doors be in the down position while automobiles are serviced. 4. A drainage agreement be reached with the property owner to the south. The agreement should include (1) the granting of an easement by the property owner to the south, and (2) an agreement by both property owners relative to the costs of correcting any drainage problems created if and when the south property is developed. Motion carried 5-0. Item #11 CONSIDERATION OF SECOND READING OF TRANSITORY ORDINANCE PROVIDING FUNDING FOR CERTAIN CAPITAL IMPROVEMENTS FROM -.THE SPECIAL REVENUE FUND. C.L. NO. 50 City Manager Prosser reviewed Council Letter No. 50 regarding adoption of a transitory ordinance providing for Council Meeting Minutes -9- February 11,1991 authorization of the expenditure of funds from the Special Revenue Fund for the following capital improvements: Veterans Memorial Park Park Shelter Building $230,000 Wood Lake Nature Center Carpet 14,000 Tennis Court Improvements 34,000 Jefferson Park Roosevelt Park Washington Park Taft Park Play Features 22,0.00 $300,000 Lawrence Wozniczka, 6744 Wentworth Avenue, suggested that the Wood Lake Nature Center carpet and the tennis court repair be financed by a sinking fund instead of the capital improvement fund. City Manager Prosser reviewed the reasons for proposed funding for these items and indicated an analysis of the sinking fund issue could be scheduled for a future study session meeting. M/Ludeman, S/Sandahl to close the public hearing. Motion carried 5-0. M/Ludeman, S/Sandahl ~ at this constitute Second Reading of Bill No 1991-2~ Transitory Ordinance 17 39J Providing for the Expenditure of Money from the Special Revenue for Certain Ca ital Improvements, that it be published in the official newspaper and that it be made part of these minutes. Motion carried 5-0. Item #12 CONSIDERATION OF AUTHORIZATION FOR CITY BUILDING OFFICIAL TO WAIVE CEILING HEIGHT CODE PROVISIONS WHICH ALLOW THE HOUSING AND REDEVELOPMENT AUTHORITY TO COMPLETE REHABILITATION LOAN ACTIVITIES. C.L. NO. 51 City Manager Prosser reviewed Council Letter No. 51 recommending that the City Council authorize the Building Official to waive ceiling height code provisions for a property to allow the HRA to .complete rehabilitation loan activities to address health and safety problems. M/Ludeman, S/Stokes to authorize the Building Official to waive the ceiling height provisions of the Building Code at the subject property to assist in implementing HRA housing programs as provided by Minnesota Statute 469.041. Motion carried 4-0. (Council Member Sandahl was absent when vote was recorded.) Council Meeting Minutes -10- February 11,1991 Item #13 CONSIDERATION OF APPOINTMENTS TO VARIOUS ADVISORY BOARDS AND COMMISSIONS. C.L. NO. 52 M/Stokes, S/Ludeman to make the following appointments: Advisory Board of .Health Term Expires Jo Romer January 31, 1993 Jane Myre January 31,. 1993 Carlene Ulmer January 31,- 1993. Joan Perlich January 31, 1993 Susan Rosenberg January 31, 1993 Ruth Schrick January 31, 1993 Arlene Erickson January 31, 1992 Kelly Stokes (student) January 31, 1992 Ji11 Pearson (student) January 31, 1992 Civil Service Commission Term Expires John Hamilton January 31, 1994 Community Services Term Expires Robert. Lindgren.. January 31, 1994 Suzanne Sandahl January 31, 1994 Matt Stokes January 31, 1994 Greg Allers January 31, 1994 Kevin Hoemke January 31, 1992 Human Rights Commission Term Expires Sue Wagner January 31, 1994 Lawrence Koenig January 31, 1994 Russell Kennedy January 31, 1994 Robert Florin (unexpired term) January 31, 1993 Susie Vanden Burg (student) January 31, 1992 Steven McKinney January 31, 1992 Human Services Commission Lois Karnas Peggy Hamilton Connie McDonald Term Expires January 31, 1994 January 31, 1994 January 31, 1994 Planning Commission Daniel Linnihan Robert Elliott Tim Erhlander Term Expires January 31, 1994 January 31, 1994 January 31, 1994 Council Meeting Minutes Sister City International Dona Morgan Pamela Duffy Van Henderson Jeannine Pluhar (student) Edgar Oliveria (student), South Hennepin Human Services Council Ivan Ludeman John Nelson Motion carried 5-0. -11- February 11.,1991 Term Expires January 31, 1994 January 31, 1994 January 31, 1994 January 31, 1992 January 31, 1992 Term Expires January~31, 1993 January 31, 1993 Item #14 CONSIDERATION OF DESIGNATION OF COUNCIL LIAISON APPOINTMENTS FOR 1991. C.L. NO. 53 M/Bullock, S/Ludeman to designate the following 1991 liaison a~pointments• AGENCY ASSOC. METRO MUNICIPALITIES (AMM) 1991 LIAISON Ivan Ludeman, Rep. Martin Kirsch, Alt. SOUTHWEST CABLE COMMISSION NOISE LEAGUE OF MINNESOTA CITIES (LMC) METROPOLITAN AIRCRAFT SOUND ABATEMENT COUNCIL (MASAC) RICHFIELD SCHOOL DISTRICT STOREFRONT/YOUTH ACTION James Prosser, Dir. Ivan Ludeman, Dir. William Bullock, Alt. Steve Devich, Alt. Michael Sandahl, Rep. Ivan Ludeman, Rep. James Prosser, Alt. Kristal Stokes, Rep. Don Priebe, Rep. Michael Sandahl, Alt. James Prosser, Alt. Michael Sandahl, Lia. Kristal Stokes, Alt. Jack Erskine, Lia. Ivan Ludeman, Alt. Council Meeting Minutes -12- February 11,1991 ADVISORY BOARD OF HEALTH Martin Kirsch, Lia. Kristal Stokes, Alt. COMMUNITY SERVICES ADVISORY COMMISSION HUMAN RIGHTS COMMISSION PLANNING COMMISSION SISTER CITY INTERNATIONAL SUBURBAN RATE AUTHORITY Motion carried 5-0. William Bullock, Lia. Ivan Ludeman, Alt.. Martin Kirsch, Lia. William Bullock, Alt. Martin. Kirsch, Lia. William Bullock, Alt. Martin Kirsch, Lia. James Prosser, Alt. Michael Sandahl, Dir. James Prosser, Alt. Item #15 CONSIDERATION OF COUNCIL DESIGNATION OF MAYOR PRO TEMPORE. C.L. NO. 54 M/Sandahl, S/Ludeman to designate Council Member Stokes to serve as Mayor Pro Temgore for the year 1991. Motion carried 5-0. Item #16 CONSIDERATION OF A RESOLUTION OPPOSING FURTHER CUTS IN STATE AID TO CITIES. C.L. N0. 55 City Manager Prosser reviewed Council Letter No. 55 regarding a resolution opposing further cuts in Local Government Aid (LGA} to cities. M/Sandahl, S/Stokes that the following resolution be adoQted• that it be sgread in the resolution book and that it be made part of these minutes: RESOLUTION NO. 7720 •~RESOLUTION OPPOSING FURTHER CUTS IN STATE AID TO CITIES Motion carried 5-0. This resolution appears as Resolution No. 7720 in Resolution Book No. 59. Council Meeting Minutes -13- February 11,1991 Item #17 LEGISLATIVE REPORT None Item #18 COUNCIL DISCUSSION ITEMS Council Member Ludeman requested discussion of hiring practices at a study session. City Manager Prosser reviewed the public service contributions of Eileen Anderson during her 20 years of service before her recent death. He indicated she left a solid tradition of dedicated service as an example for all to follow. A plaque provided for by employee donations will be placed at Wood Lake Nature Center in her memory. Item #19 CLAIMS AND PAYROLLS M/Ludeman, S/Sandahl that the following claims and payrolls be approved• RICHFIELD STATE BANK Checks 13623-13681; 24313-24556 $ 805,471.90 FIRST WESTERN BANK Checks 6022-6042 $ 285,997.01 Checks 43204-44242; 45005-45322 Payroll $ 332,046.50 Motion carried 5-0. ADJOURNMENT The meeting was adjourned by unanimous consent at 8:55 p.m. Date Approved: Thomas P. Ferber City Clerk Martin J. Kirsch Mayor James D. Prosser City Manager 5A CITY OF RICHFIELD, MINNESOTA Council Letter No. 56 Agenda February 25, 1991 Issue Statement• Approval of a purchase order for a tractor/loader for Richfield's Rich Acres Golf Course. - Background• The approved 1991 Central Garage budget contains 530,000 for the purchase of a tractor-loader with scarifier for Rich Acres Golf Course to replace fully depreciated Units #19 and #25. A formal bid opening was held on February 8, 1991. Bidders were asked to provide a base bid and a trade-in price on a 1979 tractor-loader with scarifier. The results are as follows: Company Base Bid Trade-In Total L-Z Company, Inc. 532,384 (57,200) 525,184 Carlson Tractor & Equip. 41,100 (12,661) 28,439 Long Lake Ford 36,914 .(8,400) 28,514 The equipment bid by L-Z Company, Inc. did not meet specifications. In particular, the loader proposed did not have an eight-speed transmission which is a major requirement for this piece of equipment. The second .low bidder, Carlson Tractor and Equipment Company, met all specifications as written. Recommended Motion: Approve the bid minutes/tabulation and authorize a purchase order to Carlson Tractor and Equipment Company in the amount of 528,439 for the purchase of a tractor-loader for Rich Acres Golf Course. Basis of Recommendation: 1. Carlson Tractor and. Equipment Company met all specifications and submitted the low bid for the equipment needed. 2. There is sufficient funding in the approved 1991 Central Garage budget for this purchase. Alternative Recommendation: 1. Council could choose to reject all of the bids and instruct staff to obtain new bids; however, staff does not believe we can obtain a better price for the type of equipment needed. 2. Council could choose to authorize purchase of the equipment from another bidder. However, as noted above, not all bids submitted met specifications. 3. Council could choose not to purchase new equipment at this time. However, the existing equipment is fully depreciated and in need of replacement. 5A-~ Discussion/Decision Mode: -~ In order to facilitate timely delivery of this equipment, staff is asking for approval at the February 25, 1991 City Council meeting. Respectfully submitted, Jam / Prosser Cit anager JDP/reb Attachment 5 A-~.. H O N W z H E Q a W N w x. c Q W D H M J ~~ . .r., ~ ~ oo a O ~ O ~.. ~~~ N G4 O '0 tD O a i ~ O ~ U ~ ~o Hz N zm ~~b 3cCN 3 N W vi w b~ +~ cd q f-r ~ ~ QI '~ OOcd D E +~n~~ c~ ~ s~ +~ ~ r-i fA 4a 1 •.-i O ~ O ~ E ~ '000 a ao a~ ~ b r a •~+ ~ ~ O o~~ ~roro ~~~ N b fa E N O RlGU • O N ~ ~ ~' . ~~~rn . ,~ o °' zO3o Q .x W N •~ ~ b ~r ~~~ ~ O U .1~ cC r-1 0 O ~, • O (1) ~ '0 R7 O~ Oh tz U O w ~~ O ~~ ~~~a~i +~tia~a aoiwNa ~ C 3 H LL R1 O O O O O CJ' c0 N •-I OEaco ~.COU OE ~w ~~~ ~.c•~ o ro ~0 o a~ o a~ a~ ~ ~ ~ N +~ ~ c0 O O a o~•~ N a~ 0 9 aUi ~ ~ G O N ai oa N x a~ O fa '0 ~' rn a ~ ~ O O N•~,~~ °' ~~~ U E ~ ~ ~r 0 •rl ~ +~ U U N ~ ~ U ~ ~C .x N -•~ ~Ur+ E ~+ •~i O b A '~0 E a ~ 0 O OONR! ww~ro ~ ~ ~m s ~ ~+ -~ oGa~x .c o .[ o E+f~Ua G a~ N O a ,~y 0 ro b O R7 C O E .A a~ a~ 3 R7 O G -~ 0 0 w O H O o 0 0 0 0 0 U to G O O O 0 0 O O ~ N ~ ~ • ~C to d' N ~ a .-~ ~ ~ 00 •rl ri N r-1 N .••I N ~ ~~ ~~ ~~ . ° ° ° o o o a H ~ ~ M O to ~ ~ E N N N ~ ~ ~ ~ ~ ~ ~ H ~ m m x ~ ~ ai b ro O W U U m ~ ~ d~ aP ow ~ ~ ~ O U ~ C H ~ a ~i ~ 0 0 v a w D ~ ~ •+ ctS E+ ~ G] N >. b N O O U ~` ~ ~ ~ x R E . ~ ~-~I C as o~ o0 ~ ~ ~ c a . a i N N~ ° ° a i a a v i U a c~ O .[~ [~. t +~ [d .0 O O 'b a 0 U G rd O .o ro a~ A b 3 b W ~ ~ t •'i ~~ b a~ a~ ~ ~~ O U C ~ ~U ~~ ~~ UU ~o ,~ rn U ~-+ ,~ Sri EN x a~ U 'Jr O A O fs~ N CITY OF RICHFIELD, MINNESOTA Council Letter No. 57 Agenda February 25, 1991 Issue Statement• Application for•lawful gambling license for St. Richard's Church, located at 7540 Penn Avenue. Background• On February 15, 1991, St. Richard's Church submitted an application for renewal of their lawful gambling license. The application requests renewal for their bingo, pulltab and raffle operations. The applicant is proposing to conduct bingo on Wednesdays and Fridays from 7:00 P.M. to 10:00 P.M. and at their annual festival which will be held in the fall of 1991. The pulltabs would be conducted in conjunction with the bingo operation. The Public Safety Department has conducted the required background investigation and has determined that the applicant has complied with all requirements. In addition, the gambling manager, Mary M. Stein, has no known criminal record. Finally, the applicant is requesting that the $100.00 investigation fee be waived. Richfield City Code 1100.13 requires the Public Safety Department to review the request for the gambling license and make its review and recommendation to the City Council. Recommended Motion: Staff recommends that the Council pass a resolution approving the gambling activity requested by the applicant in accordance with Richfield City Code 1100.13, subd. 6. Staff further recommends that the. Council waive the investigation fee. Basis of Recommendation: 1. The applicant has complied with the state statutes and city code pertaining to lawful gambling. 2. The applicant has submitted the request within sixty days of the renewal of the license. 3. The applicant has demonstrated that the gambling activity requested is a benefit to the community.. Alternative Recommendation: 1. The Council could pass a resolution specifically disapproving the .renewal request, however, staff-has determined that there is no basis for this alternative. ~-( 2. The Council could decide to not waive-the investigative fee. Discussion/Decision Mode: A request to approve the renewal of St. Richard's lawful gambling application and a request for waiver of the investigative fee is submitted for City Council consideration at this time. Respect t}lly submitted, Jame Prosser City anager JDP:djg (p'"~ RESOLUTION NO. A RESOLUTION GRANTING APPROVAL FOR THE CHURCH OF ST. RICHARDS TO CONDUCT LAWFUL GAMBLING WHEREAS, the Church of St. Richards has submitted an application for renewal of their lawful gambling license; and WHEREAS, the application request renewal for their bingo, pulltab and raffle operations; and WHEREAS, Minnesota State Statute Section 349.213 provides authority for review of applications by local authorities; and WHEREAS, Section 1100.13 of the Richfield City Code provides for regulation of lawful gambling; and WHEREAS, the Department of Public Safety has completed an investigation of the application and finds the application to be in order; NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council, City of Richfield, Minnesota, as follows: 1. That a lawful gambling license be granted to the Church of St. Richards, 7540 Penn Avenue. 2. That the investigation fee be waived. Passed by the City Council of the City of Richfield, Minnesota this 25th day of February, 1991. Martin J. Kirsch, Mayor Thomas P. Ferber, City Clerk CITY OF RICHFIELD, MINNESOTA Council Letter No. 58 Agenda February 25, 1991 Issue Statement: Adoption of resolution establishing just compensation and authorizing the purchase of 7645 Oakland Avenue South and the submittal of a Right-of-Way Acquisition Loan Fund (RALF) application; 77th Street Project. Background• On 0ctober•8, 1990, the City Council approved the submittal of a preliminary RALF application to the Metropolitan Council. The RALF would provide a no interest loan to the City for the purchase of 7645 Oakland Avenue South. The loan would be repaid when financing for the 77th Street project is provided. RALF is designed to provide funds to cities to purchase homes when it can be determined that continued ownership would be a hardship for the current owner. Recently, the Metropolitan Council and its Systems Committee gave preliminary approval for the use of RALF to purchase this property. As part of the final application process, the regulations required MNDOT to review the appraisal report. MNDOT has reviewed the appraisal. report and has authorized purchase at $93,000. It is anticipated that no relocation benefits will be paid. The RALF loan may include all costs related to the purchase. In addition to acquisition and relocation expenses, appraisal. reports and staff time may be included. The total amount of the loan for this property may approximate $100,000. Recommended Motion: Adopt the attached resolution which authorizes the following: 1. Sets just compensation and authorizes staff to negotiate and. purchase the property at the value indicated. 2. Directs the City Manager and Mayor to execute a purchase agreement in the amount of just compensation. 3. The preparation and submittal of a final loan application to the Metropolitan Council for the use of RALF. 4. Execution of loan related documents by the City Manager and Mayor. Basis of Recommendation: 1. The City Council previously approved submittal of a preliminary RALF application for this property. --1-1 2. The sale would relieve a hardship which qualifies under the RALF program. 3. The Metropolitan Council has approved the preliminary application for RALF. 4. MNDOT has authorized purchase at the amount indicated in the resolution. Alternative Recommendation: 1. Not authorize :purchase and submittal of the loan application. 2. Authorize purchase at a different price. Discussion/Decision Mode: This is a long, time consuming process initiated in May, 1990. It is desirable to continue in a timely manner. to help assure a closing by May, 1991. Respect ully submitted, Jam Prosser City Manager JDP:dkh 1 -~ RESOLUTION N0. THE CITY OF RICHFIELD, MINNESOTA RESOLUTION ESTABLISHING JUST COMPENSATION, AUTHORIZING PURCHASE OF REAL PROPERTY AND SUBMITTAL OF LOAN APPLICATION FOR 7645 OAKLAND AVENUE-SOUTH 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 follows: Lot 11, Block 2, Mattson Heights 3rd Add. WHEREAS, the City has adopted an official map for improvements to 77th Street; and WHEREAS, the improvements to 77th Street necessitate the purchase of real estate; and WHEREAS, the City is authorized by Minnesota Statutes to acquire real property within its jurisdiction; and WHEREAS, City funds are presently not available for purchase of real estate; and WHEREAS, the Metropolitan Council administers RALF which is made available to cities for the purchase of "hardship properties"; and WHEREAS, preliminary approval has been given by the City Council and Metropolitan Council to utilize RALF; and WHEREAS, continued ownership of the subject property by the current owner constitutes a hardship as defined by the RALF program guidelines; and WHEREAS, the City has caused an appraisal of the subject property to be made by a qualified independent professional real estate appraiser to determine fair market value; and WHEREAS, the Minnesota Department of Transportation has reviwed the appraisal report as to conformity with appraisal standards. 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 as follows: 7645 Oakland Avenue South $93,000 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 owner of subject property as soon as possible that the City intends to acquire his/her property and establish eligibility for relocation benefits. 5. That the City Manager and Mayor are directed to execute appropriate documents for submittal of an application to the Metropolitan Council for RALF to effectuate the purchase of the subject property. Adopted by the City Council of the City of Richfield, Minnesota this 25th day of February, 1991. Martin J. Kirsch, Mayor ATTEST: Thomes P. Ferber, City Clerk g CITY OF RICHFIELD, MINNESOTA ~ Council Letter No. 59 Agenda February 25,.1991 Issue Statement: Consideration of resolutions related to Wood Lake Nature Center: 1) Establishing the Friends of Wood .Lake and 2) Establishing the Friends of Wood Lake Endowment Fund and the Friends of Wood Lake Operating Fund, and provision for the safe keeping and use of such funds. Background: Richfield's Wood Lake Nature Center will be celebrating its 20th Anniversary this year. To observe the anniversary, a family day of celebration, including a short formalized program, is being planned for Sunday, May 5, 1991. While planning for the Nature Center's 20th anniversary, discussion by the citizens on the various committees included the possibility of establishing a fund raising effort for Wood Lake that would go beyond the anniversary celebration. As discussed at the February 4 Council Study Session, the concept of creating an organization called "Friends of Wood Lake" would permit a group. of people, hoping to broaden the funding base of Wood Lake Nature Center, to seek dedicated donations from that wider community that is involved with the Center. The goal would be to establish a source of funds to assist the Nature Center in continuing to provide excellent programs and services. The Community Services Advisory Commission discussed the "Friends of Wood Lake" concept at the February 12 meeting. It was the unanimous action of the Commission to recommend the following to the City Council: 1. That an independent, separate group, tentatively called "Friends of Wood Lake" be created. 2. That this group report to and be advisory to the Richfield Community Services Advisory Commission. 3. That the group have a Board of Directors with Board voting membership consisting of: One member from the Richfield City Council. Two members from the Community Services Commission. An even number, up to 10, of members serving at-large. 4. That the Board of Directors be selected by the Community Services Commission with the exception of the City Council member which shall be selected by the City Council from its membership. 5. That Board of Director members serve staggered terms of three years; the initial Board be appointed for one, two or three year terms. ~-i 6. That the intent of the group is to raise operating and endowment funds for Wood Lake Nature Center for purposes over and/or above the City budget(s). 7. That the budgeting for improvements should be based on funds available rather than funds anticipated. 8. That funds raised by this group for Wood Lake Nature Center shall be designated by .ordinance or resolution, whichever is appropriate. 9. That the Community Services Commission recognizes the current efforts of many people working toward the goal of this proposed group and will make every effort to appoint an initial Board of Directors from this existing group of people. Staff has since worked with the City attorneys to create the resolutions appropriate to the wishes of the anniversary planning committee and the Community Services Commission. Two resolutions are attached for Council review and consideration. The first creates the "Friends of Wood Lake". The second focuses on the financial relationship between the new organization and the City. Should the Council approve the two resolutions, the "Friends of Wood Lake" kick-off would be held May 4 and coordinate with the 20th Anniversary Celebration of Wood Lake Nature Center. Recommended Motion: Adopt 1) the resolution establishing the Friends of Wood Lake and 2) the resolution establishing the Friends of Wood Lake Endowment Fund and the Friends of Wood Lake Operating Fund, and providing for the safekeeping and use of such funds. Basis of Recommendation: 1. Wood-Lake Nature Center has long had broad public participation and support. With the exception of some grants, donations and class/program fees, the financial support from other than the City's general fund has been limited. 2. It appears the City's ability to support Wood Lake Nature Center through. the general fund will continue; however, additional funding support through the Friends of Wood Lake could enhance the program and services of the Nature Center. 3. The Friends of Wood Lake would serve in an advisory capacity to the City Council, through the Community Services Commission. The City Council retains absolute and sole discretion related to Wood Lake as outlined in City policy and the resolutions. ~-z Alternative Recommendation: 1. Reject the concept for seeking additional financial support for Wood Lake Nature Center. Do not establish the "Friends of Wood Lake". 2. Amend the proposed resolution(s), pending legal counsel, as deemed necessary. Discussion/Decision Mode: This item is scheduled for the February 25, 1991 Council meeting. Although not absolutely necessary that action be taken at this time, affirmative action now would permit more time to prepare for the May 4 "kick-off" of the Friends of Wood Lake. Respectf lly submitted, Jam s Prosser City Manager JDP/sdr Attachments ~ -3 RESOLUTION NO. A RESOLUTION ESTABLISHING THE FRIENDS OF WOOD LAKE WHEREAS, the Wood Lake Nature Center (hereinafter referred to as the "Nature Center") is an important educational, recreational and environmental resource of the City; and WHEREAS, the Council has determined that it is appropriate that a special. body be created to assist and advise the City Council in matters relating to the Nature Center; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield, Minnesota that: 1. There is hereby created an advisory body which shall be known as the "Friends of Wood Lake" which shall assist and advise the City Council in matters relating to the Nature Center, and which shall be organized, and shall have the powers and duties hereinafter described. 2. The Friends of Wood Lake shall serve in an advisory capacity to the City Council through the Community Services Advisory Commission. Staff services for the Friends of Wood Lake shall be provided by the. Community Services Department of the City. 3. The governing body of the Friends of Wood Lake shall be a board of directors. One member of the Board of Directors shall be a member of the Richfield City Council appointed by the City Council. Two members of the Board of Directors shall be members of the Community Services Commission and shall be appointed by the Commission. An even number of additional members of the Board of Directors, up to ten, shall be appointed by the Community Services Commission. Members of the Board shall serve without compensation. 4. Either the City Council or the Board of Directors may appoint honorary members to the Board. Honorary members shall not count toward a quorum of the Board and may not vote but may have such other privileges as may be specified in the bylaws of the Board. 5. Members of the Board of Directors shall serve terms of three years. The initial members of the Board of Directors shall be appointed for one, two or three year terms as follows: The member from the City Council shall be appointed for a three year term. Terms of other appointed members, including the two members of the Community Services Commission, shall be determined by the Community Services Commission which shall attempt to have a number of directors for each of the three lengths of term which is approximately equal. Vacancies in office shall be filled by appointment by the authority making the appointment for the position which is vacant.' Such appointments shall be for the unexpired term of the vacant office. The Community Services Commission may adjust terms from time-to-time at the time. of making an appointment for a position on the Board so as to maintain terms which are staggered, so that approximately the same number of terms will expire each year. g-~ 6. Members of the Board may be removed at any time for any reason by the appointing authority. Additionally, vacancies will be ~ deemed to exist in the event of death, disability or failure to serve shown by a failure to attend three consecutive regular meetings of the Board without written permission of the Board to be excused, written resignation, or, in the case of the representative from the City Council or either of the two representatives of the Community Services Commission, a departure from that position. 7. In making appointments to the Board., the Commission shall attempt to balance, the representation of various groups and interests. 8. The terms of members of the Board of Directors shall commence February l of the year in which the appointment is made and shall continue until January 31 of the year in which their appointment expires, or until their successors are selected. 9. The Board shall act in an advisory capacity to the City Council and the Community Services Commission, the Board may initiate recommendations to the City Council on matters relating to the Wood Lake Nature Center which recommendations shall be submitted through the Community Services Advisory Commission. It is anticipated that the Board will advise the City Council and the Commission on such matters related to the Nature Center as capital improvement projects, recreation programming, educational programs, staffing levels, finance, fund-raising, environmental concerns, and any other matters referred to it by the City Council or the Commission. It is also anticipated that a primary function of the Board will be to solicit voluntary contributions in aid of the Nature Center. The Board shall have no powers or authority unless such powers and authority are specifically granted by the City Council. 10. The Board may adopt bylaws and rules for the conduct of its affairs .including the election, assumption of duties, and definition of responsibilities of officers and committees. Meetings of the Board shall be open to the public. The Board shall meet from time-to-time for regular or special meetings in accordance with its bylaws. Passed by the City Council of the City of Richfield this 25th day of February, 1991. Martin J. Kirsch, Mayor ATTEST: Thomas P. Ferber, City Clerk v~~ RESOLUTION N0. /'" A RESOLUTION ESTABLISHING THE FRIENDS OF WOOD LAKE ENDOWMENT FUND AND THE FRIENDS OF WOOD LAKE OPERATING FUND AND PROVIDING FOR THE SAFE KEEPING AND USE OF SUCH FUNDS WHEREAS, by Resolution No. adopted on February 25, 1991, the City Council of the City of Richfield established the Friends of Wood Lake, an advisory and resource organization created for the purpose of providing aid and assistance to the Wood Lake Nature Center; and WHEREAS, the Council has determined that one of the principal activities of the Friends of Wood Lake organization should be to raise funds by voluntary contributions from the public for the use, protection, preservation, and enhancement of the Wood Lake Nature Center; and WHEREAS, the Council has determined that it is appropriate to provide procedures for securing input from interested citizens prior to expending such funds; and WHEREAS, the. Council wishes to provide a means of segregating such contributions from the general funds of the City by creation of two special funds as hereinafter provided; and _ WHEREAS, the Council has determined that one of such funds should be a general operating fund and that the other such fund should be an endowment trust fund, the principal of which may not be expended by the Council as long as such fund is in existence, but which shall be held in trust and invested for the purpose of generating investment income for use at or in aid of the Wood Lake Nature Center; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield, Minnesota, that: 1. The Friends of Wood Lake Operating Fund (hereinafter referred to as the "Operating Fund") is hereby established. Such Fund shall be accounted for as separate revenue and expenditure accounts within the City's computerized general ledger in the City's Special Revenue Fund. 2. The Friends of Wood Lake Endowment Fund (hereinafter referred to as the "Endowment Fund") is hereby established. Such Fund shall be maintained as a non-expendable trust fund within the City's Trust and Agency Fund. The Endowment Fund shall be maintained as an invested fund. Interest earned on investments shall be credited to the Operating Fund, but the principal shall not be expended as long as the Endowment Fund is in existence. If at any time the City Council determines that maintenance of the Endowment Fund is no longer appropriate, it may dispose of the remaining monies in the Fund either by making capital expenditures at the Wood Lake Nature Center or, if in the judgement of the City Council such action more accurately reflects the intent and purpose of creating the Endowment Fund, such funds may be released to any nonprofit, charitable or governmental organization for similar educational and "~o environmental purposes at the direction of any judge of district court. 3. One hundred. percent of all contributions to the Friends of Wood Lake Endowment Fund shall be deposited in the Endowment Fund. Unless otherwise directed by the donor, 50 percent of all contributions to the Friends of Wood. Lake which do not specify one of the two Funds, or to the City for the benefit of the Wood Lake Nature Center shall be deposited in the Endowment Fund. Unless otherwise directed by the donor, all other funds contributed to the Friends of Wood Lake, or to the Friends of Wood Lake Operating Fund, or to the City for the benefit of the Wood Lake Nature Center shall be credited to the Operating Fund. 4. The City Council shall not make any expenditures from the Operating Fund except for the benefit of .Wood Lake Nature Center and programs at the Center, and for costs and expenses of the Friends of Wood Lake and programs of the .Friends of Wood Lake. It is intended that expenditures from the Operating Fund will be for programs, projects and improvements at the Nature Center which would not otherwise be funded by ad valorem taxes or revenues from programs at the Nature Center; however, the City Council may make expenditures for any lawful purpose relating to the Nature Center which, in the judgement of the Council, serves the public interest. 5. No expenditures from the Operating Fund shall be made without first securing the comment on such proposed expenditure from the Board of Directors of the Friends of Wood Lake. The Friends of Wood Lake shall have 60 days from the date of submission of proposed expenditures by the City Council to comment on such expenditures. Comment on such expenditures shall be deemed to be favorable if 60 days have elapsed without comment. Expenditures for costs and expenses of the Friends of Wood Lake or programs of the Friends of Wood Lake and expenditures for programs, projects or improvements recommended by the Friends of Wood Lake need not be submitted for comment. The City Council shall have the authority to make such expenditures in its absolute and sole discretion notwithstanding any comments thereon from the Friends of Wood Lake. 6. This resolution shall serve as acceptance within the meaning of Minnesota Statutes Section 465.03 of all donations which are made, without restriction, to any Friends of Wood Lake Fund; or are made to the City, without restriction other than that they shall be used for the Wood Lake Nature Center; or are made to the Endowment Fund provided such donation contains no restrictions other than those established herein for the Endowment Fund. Passed by the City Council of the City of Richfield this 25th day of February, 1991. ATTEST: Martin J. Kirsch, Mayor Thomas P. Ferber, City Clerk '"I CITY OF RICHFIELD, MINNESOTA Council Letter No. 60 Agenda February 25, 1991 Issue Statement• Reconsideration•of the Conditional Use Permit granted to Putter's Paradise, 7200 Cedar Avenue. Background• The City Council granted Putter's Paradise, Inc. a Conditional Use Permit and offstreet parking permit to allow an indoor miniature golf facility with video machines and concessions in their C-2 district on February 11, 1991. Since that time, the residents have circulated a petition asking the Council to reconsider their vote approving the Conditional Use Permit. The petition was presented to Mayor Martin Kirsch. Mayor Kirsch asked that the reconsideration of the Conditional Use Permit be placed on the agenda for discussion at the meeting of February 25, 1991. Recommended Motion: The Council should discuss the possible reconsideration of the Conditional Use Permit and offstreet parking permit for an indoor miniature golf facility with video machines and concessions at 7200 Cedar Avenue. Basis for Recommendation: 1. The City has received a petition requesting that the Council reconsider the Conditional Use Permit. 2. The Mayor has requested that this item be placed on the agenda. Alternative Recommendation: 1. The Council may reconsider and reverse their prior approval. If the Council reverses their approval, the City may be liable for damages (if any) which may accrue to the applicant based on action applicant may have taken reliant upon Council approval. 2. The Council may choose not to reverse their prior decision. If the approval is not reversed the Council may encourage the applicant to meet with the neighbors to discuss neighborhood concerns. Use of a mediator would be recommended. 3. The Council may choose not to reconsider this item. Discussion/Decision Mode: This matter will be placed for discussion at the February 25, 1991 City Council meeting. Any member of the Council may present a motion to reconsider the Conditional Use Permit. Reconsideration is not a reversal. It simply permits the Council to take another vote to approve or deny the request. The petitioner has been advised that this item will be reconsidered at the meeting of February 25, 1991. JDP:ds Respec~'~ully submitted, City . Prosser - G-I /~ - City of Richfield, Minnesota •• Council Letter No. 47 Agenda February 11, 1991. Zssue Statement• Request for a conditional use permit and off-street parking permit at 7200 Cedar Avenue. Bachround Putter's Paradise Inc. is requesting a conditional use permit and off-street parking permit to allow an indoor miniature golf facility with video machines and concessions in the C-2 district. The proposed 54 foot by 77 foot concrete block building would be located on the southwest corner of the vacant site. Recommended Motion: Deny the conditional use permit and off-street parking permit for an indoor miniature golf facility with video machines and concessions at 7200 Cedar Avenue. Basis of Recommendation: • 1. The proposed use is inconsistent with the Comprehensive Plan. The T.H. 77/New Ford Town district, which includes this site, was recently redesignated. The redesignation identifies three mixed land use types as acceptable for the district. Putter's Paradise lies within the area identified for Mixed Land Use "A", a land use limited to wholesale, light industry, offices and some retail component tied to office use. Putter's Paradise does not fall within one of these use types. 2. Potential for increased negative impacts on adjacent residential property. Uses identified as appropriate in the redesignation were selected based on their low potential for interference with the adjoining neighborhood. Traffic and noise associated with such uses would not normally extend beyond working hours. The proposed hours of operation for Putter's Paradise extend well beyond working hours and into the late evening and early morning on Friday and Saturday. The neighborhood adjoining Putter's Paradise would likely experience an increase in traffic and associated noise as a result of activities associated with Putter's Paradise's operation. 3. The proposed use is conditionally compatible with the Metropolitan Council's Noise Compatibility Program. Putter's Paradise is located in Noise Zone II, a zone which conditionally allows indoor entertainment such as Putter's Paradise. Uses considered to be consistent within this zone are industrial, communications, utility and agriculture and resource related uses.. ~~~ ~~ 4. If the usage of Putter's Paradise reaches the levels anticipated by the owner, parking needs may exceed the spaces available. 5. The Planning Commission deadlocked, 3-3, on a motion for approval. The Commission subsequently voted in favor of forwarding the application to the City Council with no recommendation. Alternative Recommendation: Approve the conditional use permit and off-street parking permit. Discussion/Decision Mode: A public hearing is scheduled for 7:00 P.M. Monday, February 11, 1991. The hearing will be held in the City Council Chambers at Richfield City Hall. Notice of the hearing was published in the Sun-Current and mailed to property owners within 350 feet of the property. Respectf ly submitted, James Prosser City nager • a -3 N M N M N .w ~ ~ - Y • w M N ; ~ V' T _ ` 11 ~~ --. - _-. 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I OfYaw) eN1Ar1 ~! ~-.=~ ~- ' ~w" ~.i`-,.~,r~' - _ s -- _~~ : lo~oewnN taws 1~ ___;_J~ ~_J~~~~ _~ I li ~~ :~ eN1Ar1 wtOrOw 4 ^I ~._-~~-~~ L_._IL_J~_~^~~=~ i~;l wte01 MO1N7M ~~ I Imo.^,~ ~C-,_-,~~-~_ ~~~~ Mt OrOw r7nno r-----. _': I; ~v-~I' I__i_~_~_..a 1-- I ~'+1 roawar 'ant MM7r ~~~~ ^-.-.-J.-~^~~~.J ~~.~~ J~'"~ (L~~~;~ II ~. -'~~ - -- ~-.~ 'aAt rwar M77n0 ~iI` I '~ ~ n I n~7sfnr ~~~- -.--~~-•_~_ ,~ ~. -, ~= lU~ I' ~•. Ma7n0 N.Olr7Nf (~ - - __ _ ~ `~'~~' ~ '~~ -' ~~-•~ I~ Z~ 117ff _'~-- _ _^~ ~ Ar ftwONl IL. -~ +~U~~~~~~-1 ~_ ~~ N Mr01Y)Mf Ivolrn iI frwONt ~ '-- - __= ~ 1~~~~ =cam"' '~ ;' ~_--,---^ MYneMStM ~l- _ ~ U, J~.a~ J~ ~~- Ir' 1^~~^~~~ ~I 1M70MIA i7At callr7v c.4' ..,..... _.~,.-r~ L_"; -'rte" ~ ~ ~•_~~1~ ~ ~ \ I MYMNf.~ • - ~~rasr~.•z-~'. r.i:..~.~•-~._ ~....~I.~-:I..r~s4~tt~~a~, i~„ ~ j : i N i N ^ w ri w In r r ri w " w ww g a : e ~ '" w O 0 U W O q-~ Z O W Z W a t° a Q 0 W .J V Q1 T .. 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SITE CONTEXT Land Use CITY OF RICHFIELD PLANNING & ZONING 7200 CEDAR AVENUE SOUTH KEY COMMERCIAL ~ QUASI PUBLIC ''.~~~~.~'~~.'.".~',.~ APARTMENT SCHOOL •::•:• DUPLEX -Q ~~~ PARK ~ SINGLE FAMILY RESIDENCE ~ ~ VACANT . 0 200 400 600 800 1000 ~r'AL~ c=~T ~~~ -~ ~: t ~' r% a 0 w U ~~~~~ ~~~ ST. ,,,,,, ,,,, :;,' ,,.,,, ,,, ,,,,,,, ,,,,,,, ,,,,,., ,4'f1'„ ,,,,,, ,,,,,,, „ ,,,,~„ ,,,,,,, ~ ,,,,.,, ,,,,,,, 73RD S ,,,,,,,, ,,,,, ,;,,,~ ,,,,,, :NTENNIAL ,,,,,,, ~~~~;~ .,,~,,, SCHOOL ~... ,,,,,,, ,,,,,,, ,,,,, ,,,,,, ::-.~ ' ~N~ 4~ ..1 ..,;~ ~~ ~3 't~ ~: ~ ~'~~: _ +:; ~? ~ 3~ '';~~:~ f;:~r' ~~ •~-9~~i i~ ; 3~ ' •'' ~~' s~~ SITE CONTEXT Comprehensive Development Plan CITY OF RICHFIELD PLANNING & ZONING 7200 CEDAR AVENUE SOUTH KEY "~""' MIXED LAND USE -ZONE A [~] SINGLE FAMILY RESIDENCE ~~ INSTITUTIONAL 'Q =, PARK AND OPEN SPACE j~j 0 200 400 60C 800 1000 ^~- q-8 r ~~tcR21SYd "N M.~ ~.~; z ~;,~ . .. .. .~,-• n : , • c. ~ :A ~D ~\~. ~- o - I ~ ~0 ~C ~~~ ~ •I~ ~ 'p ~ e 6~~ e t o~d ~ ~ i ~, 1~ ~! I I i i i I I ~I t~ , ~' ~~ ~~ ~, ~~ z, ~J Z Q a W 0 W 0 a 0 a •~ V / W W Q a 0 W U 0 0 N z z ~ W 0 ii N 2 ~ U ~ U Z ~ Z ~ Q V a ~oooc oooooc ooooco ! o .,~„~ . ~ ~~.,. ~ ~- ~`.... q~~ 0 ~; .: a G~ ~' ~I V/ Z O = a ~ > o W tl~ ~ W W ~ Z Z W ° a ~ ac ~o a o ~ W W ~ U O o a o O N ~ ~ ~. V ~ Z ~ 2 W 0 ~. N _ ~ V Z GZ ~a .~ V a -,~ Z ~ a 0 J a ~ .~r iT" ~ W O ~ Z ..1 W W ~ Q ~ W ~ N Q ~ ~ a W 0 V ~ o ti o N ti 2 ..I W O ii N _ ~ V o V c Z . O Z Q ~ u a ~-l~ January 29, 1991 City Council ` City of Richfield 6700 Portland Ave. Richfield, MN. 55423 RE; Putter's Paradise, Inc. Conditional Use Permit ?200 Cedar Ave. So. Gentlemen: I am the owner of a Twenty-Two (22) unit apartment building at ?134 Cedar Ave. So. with Sixteen (16) garages and additional parking for Twenty (20) automobiles, which is just North of the proposed ~iinature Golf Recreation Center. I attended a meeting of the Planning Commission on January 22, 1991 on above subjeet to voice my objection of proposal for a Conditional Use Permit. Evidently, the Planning Commission could not decide if this was a suitable use for the property at ?200 Cedar Ave. So. as the vote was three (3) to three (3), even though Richfield City Planner did not think this was a good use for this piece if property. It is hard for me to believe that this would be an acceptable use for this property considering not only the hours of operation, but the impact of having only one (1) facility in a basically resgdential area. This kind of facility belongs in a Mall, or similar development. Only one reason for people to be travelling to ?200 Cedar Ave. So. would be to go to the Minature Golf Recreation Center, there is nothing else to attract traffic to this area. Sincerely, Dolores L. Weidert 5 Appletree Square #304 Bloomington, MN. 55425 ~J~~ Richfield City Council Richfield City Hall 6700 Portland Avenue South Richfield, MN 55423 Re:7200 Cedar Avenue South Conditional Use Permit January 31, 1991 Dear City Council: I am an absentee owner of 7201 and 7203 18th Avenue South, the property directly to the West of the subject property. When first notified of the public heari*!g befn.re the• Planning Commission, I went to find out what it was that was being proposed,. and was disappointed on the "No Recommendation" vote the Planning Commission voted for. After the presentation I realized that the real issue was the change allowing an "Entertainment" type use rather than the planned office C-2 type zoning that the City approved years ago. Was that zoning something to be taken lightly? I see it not just a matter of an indoor putt-putt type business, it is the opening of something much greater that would have the potential of being a real teenage hang-out. What happens to the zoning and the property if this business operation fails or is transferred to someone else who has a hidden motive to use the property for an allowed use under the "Entertainment" use permit? It is not the concern what goes on inside the building as much as what happens in the parking lot. Concerned as to the traffic, noise, and bottles, and other things thrown around the neighborhood. What extra load will be placed on the Public Safety Department in order to keep the neighborhood quiet, safe, and protection of the neighbors property? I am wanting to attend the hearing of Feb 11, 1991; but in the event I am unable to do so, I want to express my concerns. I urge your denial of this request. Sincerely, Cl/D~~~ Wallace 0. Kolsrud cc: Neighbors cc: City Planner ~nnn air: nnk nciv~ . Q,ictnicvii ~ ~ ~AIAIAICQr1Tn ~~.,,,., _ ,.__.___ ____ ~-~ 3 r~ CITY OF RICHFIELD, MINNESOTA Office of City Manager February 15, 1991 Council Memorandum No. 25 The Honorable Mayor and Members of the City Council City of Richfield Subject: Conditional Use Permit .for 7200 Cedar Avenue Council Members: Attached is a petition received by City staff on February 15, 1991. The petition requests that the Council reconsider the granting of the Conditional Use Permit to this location. The next regularly scheduled opportunity for reconsideration will be the Council meeting of February 25, 1991. If Council Members have a question regarding this matter, please feel free to contact me. Apparently, the originator of the. petition, Jim Picha (phone: 866-9259) has also called Mayor Kirsch about this matter. Respe u submitted, James D.`Prosser City Hager JDP:ds cc: Byron Wallace Jack Erskine John Dean q-i~ Council Members, City ~ reouary ~~, lyyl Planner and Staff. 6700 Portland Avenue South Richfield, Mn. 55423 Dear Mayor, City Council Members; City Planner and Staff: - we, the undersi.gnedTbe.ing home-~wne.rs_ _ area, C_2 distric~ do not recommend the request_bf a conditional' _ '__ ___ use permit and of -street parking permit to allow an~indoor min- ~~ ature golf facility with four video machines and concessions in this C-2 district at 7200 Cedar Avenue South, Richfield. -~ ._ we agree. with our City__Planner and Staff .oo.their_~ec~ying 'Putter's Paradise, Inc. to be located at this location, because it dose not fall within the current comprehensive plan already • established. There are many more concerns of increased traffic direction into residential areas, increased noise abatement, nightly hours of operation of this facility, and•the impact it' will Concur involving more public safety Concerns, only t0 put a ~. further burden bn our Police department. - .. • ~ We sineerly hope the City Council Members will reconsider their vote of approval on 02-11-91. and take ~ revote_no. oh thic_ - - - - -5:p~r+e~Fiiw - - - . _ _._ ; ~' c% _ J_~__ - - - - - - - - ~ ~ i~ 'h per.` ~" ,i=l f ' / ^ti. ,~ 17~ ~~ ~ti ~P. Rri~ ~' ~~ /~~U. ~• C ~~- I aa~i -~ ~~~ %~/~ /c. iei~~iecr~ ~ a 'I .~- tf ~, 17 ~.~ D -- Si Q.,~ Z~ " ~ v r •.../r ~~' ~~~,... 172 ~'~ - /ff7't~ f~vE ,moo ~~ I ~ - _ ` ~~ _ G I , .~._ ~ ~.~. ~ p - Cz~ , ~, ~ ~, '7.3 c: ~ ,~ ~ ~~ ~ - ~ ~ ~ ~ I ~ ~~ ~~-^ ~. ;~ ~ ~~ f~ nil ~ ~~ ~~ ./ r.-v Kinn,MrM~e w!!y nM AC .aAV~'T RTff`P iM M11AfM1 ie llnror+ 9wr1 .aw wnOA M N.e D/e nn:.... r1n.:ein~ 9-is ^~~=~,~.u~i. rioyui n~iJl.ii, Febuary 13, 1991 -- Council Members, City Planner and Staff. 6700 Portland Avenue South Richfield, Mn. 55423 Dear Mayor, City Council Members; City Planner and Staff: - --~ --~ - We, the undersigned.,-...b.e.ing home-owner-s-.a~.th~ ~ ~^^~~•+, ~~~ _ _-____ _ __ area, C-2 d_istric$ do not_recommend the request of_ a conditYonal - _ use permit-and off-street parking permit to allow an indoor min- ature golf facility with four video machines and concessions in this C-2 district at 7200 Cedar Avenue South, Richfield. "- . We agree with our City_.Planner and Staff .oo their_denying 'Putter's Paradise, lnc. to be located at this location, because it dose not fall within the current comprehensive plan already . • established. There are many more doncerns of increased traffic direction into residential areas, increased noise abatement, - nightly hours of operation of this facility, and -t he impact it' will Concur involving more public safety concerns, only to put a • further burden on our Police department. . • We sincerly hope the City Council Members will reconsider • _ their vote of aoproval on 02-11-91, and take a revQte ho. on th,~_ .~ ~-i~ NLGCIit,1Ul1: ~aayur ~~,5~~~, Febuary 13, 1991 Council Members, City Planner and Staff. 6700 Portland Avenue South Richfield, Mn. 55423 We agree with our City__.Planner and Staff,oo..their_denying `Putter's Paradise, Inc. to be located at this location, because j it dose not fall within the current comprehensive plan already _ established. There are many more concerns of increased traffic direction into residential areas, increased noise abatement, nightly hours of operation of this facility, and"the impact it' " will concur involving more public safety concerns, only to pit a • further burden on our Police department. • we sincerly hope the City Council Members will reconsider -their vote of approval o_n 02-11-91, and take a rev Qte no. nn th;a_ _ __ . ~ 1`,yw - _ r _ Yf /~,~ -~Ipf~T Dear Mayor, City Council Members; City Planner and Staff: ._. _-. _ We,the unde=si-gned.T_b.e.i~ng home-awneF-s ^s +~_ ~ ~^^~+~~+^ __ _ ~'.,___. _ _ area, C-2 distric do not recommen__d the request of a conditional' use permit and of~-street parking permit to allow an indoor min- t ature golf facility with four video machines and concessions in ~_ I this C-2 district at 7200 Cedar Avenue South, Richfield. I _, -- - j - _ - -~ hid-- ---- -- --- ~ ~ ~ J ~ /,.J(Jd c. zv.--~--~ i ~s-mss -, ~ ~ ~.~. ,~ ~;~ W I so ~ - ~. .; ~, - ~ 1 ~ 7z ~~ ~~ ~ ~- ~ 7~ s~ 7.~~ ~C 1 ;• ~s ~~_~, .N i ~ ~7 ~ s S -~-~ .~ , ~- ; Cit of Richfi ~ ~ ~ ~ y eld • 6700 Portland Avenue • Minnesota 55423-2599 Gty Manager Mayor Council '` James D. Prosser Martin IGrsch t~lliam Bupock Mkhae/ Sandahl Nan Ludeman Krlstal Stokes February 21, 1991 Mr. Dan R. Markwardt 3515 East 42nd Street Minneapolis, MN -55406 Subject: Conditional Use Permit for Putter's Paradise `• Dear Mr. Markwardt: Per our telephone conversation on February 20, residents in the area of 7200 Cedar Avenue have submitted a petition to the City Council. The petition asks the City Council members to reconsider their approval of the conditional use permit for Putter's Paradise. The City Council will receive this petition • during their regular meeting on Monday, February 25, at 7:00 P.M. in the Council Chambers, 6700 Portland Avenue South. I have enclosed a copy of the council memorandum and petition for your review. If you have any questions, please call me at 861-9760. Sincerely, '-j"«/GEC/ fr1ti/9 Shawn B. Drill Zoning Administrator Planning & Zoning SBD:dkh Enclosure P91-1-0031 Telephone 861-9700 (612) Fax 861-9749 An Equal Opportunity Employer