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3-13-89 agenda~y CITY OF RICHFIELD, MINNESOTA Council Letter No. 66 Agenda March 13, 1989 Issue Statement: First reading of a transitory ordinance authorizing the conveyance of land-from the City of Richfield to Hope Presbyterian Church at 7132 Portland Avenue. Background: In approximately 1965, the City Council vacated part of 5th Avenue South of 71st and north of 72nd Street extended. The underlying fee was, however, owned by the City and did not revert to the adjoining property owners. A church building was constructed over the vacated street. In preparing to replat its property, Hope Presbyterian Church discovered the defect in title and has requested that the City convey its ownership interest in the vacated street to the Church. Staff has reviewed the matter and it appears that the intent of the city at the time the street was vacated was to relinquish its entire interest in the property. Accordingly, we have prepared the attached transitory ordinance which would accomplish that purpose. Recommended Motion: It is staff's recommendation that the City Council adopt the attached resolution and give first reading consideration to the attached ordinance. Basis of Recommendation: The conveyance of the land in the vacated street is necessary to effectuate the original intent of the city. Similarly, the City Council may, by two-thirds vote, dispense with the referral to the Planning Commission and find that there is no relationship to the Comprehensive Plan because the Church is already built on such property. Decision Mode: First reading is scheduled for 7:00 p.m. on March 13, 1989. The hearing will be held in the City Council Chambers of Richfield City Hall, 6700 Portland Avenue. A public hearing for second reading is tentatively scheduled for March 27, 1989. Respect ully submitted, Jame Prosser City anager JDP:eja ~y i CITY 8F RICiIFIELT) RESOZaUTION No. -~ RF,SOLUTioN MAKTNC nFTERMiNATION REQiIIRED BY MINNESOTA STATUTXr5, SECT'1'flN 462.355 (HOPE~'pREggYTERIAN CMJRCH) WHEREAS, the City Council hoe given first reading to Transitory Ordinance N~• , providing for the transfer and conveyance of a tract of Land lying within a formerly vacated public atreeC of the City {"Land"); and WHEREAS,. the Land described to such Tran.~itory Ordinance has been Possessed sad accupi.ed by }lope Prer~byterian Chuz~ch since such vacation; and WHEREAS, the uses to which the Land has been put since vacation are in confosYni.ty with the City's Comprehensive Plan. Ndw, THEREFORE, be it resolved by the City t:ouncil of~ the City of Richfield ass follows: 1. Because the use to which the Land ie put wi7.1 not be changed as a consequence of the conveyance, the conveyance bears no relationship to _ the Carnprehensive Plan. 2. The regnixements of Minnesota. Statutes Section 452.356, subdivision 2 8haI1 be dispensed with. W~~ `~ Passed and adapted by the City Counc3] of the City of Richfield, Minnesota, this ~... day of , 1959. Steven Quam, Mayor ATTEST: Thomas Ferbex, City CXexk kfldRes2:OU55REI7.E14 ~y TRANSITORY OSDINANCE P0. AF OBDINABCE ADTHO8IZII~G THE TRANSFER AND (70PVEYAACE OF BEAL ESTATE (PART OF HOPE PRESBYTERIAN CHURCH OF RICHFIELD) Section 1. AlI right title and interest in the following described real property ("Property") is hereby authorized to be disposed of as hereinafter provided: That part of Section 34, Township 28, Range 24, according to the United States Government survey thereof, Hennepin County, Minnesota, described as follows: The West 30 feet of the West 1/2 of the East 1/2 of the North 1/2 of the South 1/2 of the. .Southeast Quarter of the Northeast Quarter of the Northeast Quarter of said Section 34, and The East 30 feet of the East 1/2 of the West 1/2 of the North 1/2 of the South 1/2 of the Southeast Quarter of the Northeast Quarter of the Northeast Quarter of Section 34. Section 2. The Mayor and City Manager are hereby authorized to execute and deliver to the Hope Presbyterian Church of Richfield the city's quit claim deed conveying the city's interest in the Property, and to take such other steps and do such other things as are reasonable to convey and transfer the city's interest. Passed and adopted by the City Council of the City of Richfield, Minnesota, this day of 1989. Steven Quam, Mayor ATTEST: Thomas Ferber, City Clerk RfldOrd1:00550D17.E14 ~~: CITY OF RICHFIELD, MINNESOTA Council Letter No. 65 Agenda March 13, 1989 Issue Statement: Adoption of transitory ordinance providing funding for certain capital improvements from the Special Revenue Fund. First reading. Background• On September 28, 1988, the City Council approved the 1989 Capital Improvement Budget (CIB) and also adopted the 1989 budget for all funds as outlined in the budget document. The various approved appropriations for 1989 for the capital projects are defined as outlined below: Master Park Plan Study $ 30,000 Veterans Memorial Park 270,000 $300,000 A transitory ordinance is now necessary to finalize these appropriations pursuant to City Charter. Charter Section 7.12, Subdivision 2 allows expenditures for capital improvements from the Special Revenue Fund only by ordinance. Recommended Motion: Give first reading consideration to the attached transitory ordinance providing for the expenditure of funds from the Special Revenue Fund for certain capital improvements. Basis of Recommendation: 1. On September 28, 1988, the City Council adopted the 1989 Capital Improvement Budget. 2. Under Section 3.09 of the City Charter, a transitory ordinance becomes effective 30 days after publication of the second hearing notice. The hearing process must be completed in 1989 so the capital projects can be completed as approved and the funds expended. Alternative Recommendation: 1. The City Council could allocate the funds to a totally new project or projects, but a public hearing for a budget revision would be necessary. 2. The City Council could decide not to authorize the expenditure of Special Revenue Funds. However, that would be contrary to the previously adopted Capital Improvement Budget. Discussion/Decision Mode: Action on this item is requested at the. March 13 meeting of the City Council. This would allow sufficient time to advertise for ~~` the second effective budgeted. hearing for March 27, 1989, and the ordinance to become so that the capital improvements can be ordered as Respectfu y submitted, James Prosser City anager JDP:eja Bill No. 1989 TRANSITORY ORDINANCE N0. AN ORDINANCE PROVIDING FOR THE EXPENDITURE OF MONEY FROM THE SPECIAL REVENUE FOR CERTAIN CAPITAL IMPROVEMENTS City of Richfield Does Ordain: Section 1: It is found and determined to be necessary and expedient for the City to expend money from the Special Revenue Fund for the making of capital improvements listed in Section 2 hereof, for which the City would be authorized to issue general obligation bonds. Section 2: The capital improvements and amounts of expenditures for such improvements which are authorized to be paid from the Special Revenue Fund under Section 7.12, Subdivision 2 of the City Charter, are as follows: Master Park Plan Study S 30,000 Veteran's Memorial Park 270,.000 $300,000 Section 3: The expenditures herein authorized shall be made pursuant to such contracts as are authorized from time to time by Council action. Passed by the City Council of the City of Richfield this day of March, 1989. Steven J. Quam ATTEST: Mayor Thomas P. Ferber City Clerk CITY OF RICHFIELD, MINNESOTA Council Letter No. 64 Agenda March 13, 1989 Issue Statement: Approval of an offstreet parking permit for the Hub Shopping Center at 66th Street and Nicollet Avenue. Background• Bradley Real Estate Trust, owner of the Hub Shopping Center, has requested the granting of the offstreet parking permit for the Hub Shopping Center. The City Council on September 26, 1988 approved the application for a planned unit development and conditional use permit with the following stipulations: 1. A final detailed landscaping plan be submitted for staff review and approval. 2. Submit sufficient information to the city to satisfy the city engineer that reasonable steps are being taken to preclude the possibility that the southwest corner of the building will suffer surface water damage as a result of reasonably anticipated rain fall on and adjacent to the site. In connection with such submittal, the applicant shall also provide the city with the undertaking running in favor of the city, in form acceptable to the city, indemnify .the city from any claim or cause of action rising out of or occasioned by surface water accumulation at the southwest corner of the building. 3. A resurfacing and perimeter curbing plan for the parking lot be submitted for staff review and approval. 4. All curb cuts, and driving isle widths meet the city requirements for offstreet parking areas. 5. All improvements meet city building and fire codes. The applicant has proceeded since renovation of the center, at which following implementation schedule: September, 1988 on the time they had indicated the Phase I: Arcade Area A. Dana's (Anchor-Women's Clothing Retailer) B. Arcade Walkway and Arcade Signage C. Hub Tower and Signage Anticipated Completion Date March 1989 March 1989 March 1989 Phase II__;__ Site Improvements and Renovation: A. Sidewalk October 1989 B. Site Lighting October 1989 C. Parking October 1989 D. Landscaping October 1989 E. Remaining Signage October 1989 F. Facade October 1989 G. Bank Building Renovation August 1989 H. Korner Plaza-Upper Level Renovation August 1989 Phase III: Remaining Center Renovation: /-/ A. Korner Plaza-Lower Level Renovation April 1990 B. Lower Level and Warehouse Renovation April 1990 The applicant intends to complete Phase I by March, 1989, Phase II by October, 1989, and Phase III by April, 1990. Subsequent to City Council approval on September 26, 1988, for a planned unit development and conditional use permit, the applicant has submitted plans for the granting of a PUD/CUP. amendment, for two restaurants with a drive-up window and office use at the existing First Minnesota Bank Building, which are pending approval. In addition, the applicant is now requesting the granting of an offstreet parking permit (which reflects the amendment CUP/PUD plan). The plans include: -a landscape plan indicating irrigation; -a site/lighting/signage plan; -a drainage and utility plan; -an overall drainage plan; -a resurfacing and perimeter/curbing plan; -a detailed lighting plan and lighting details; -signage details; and -a maintenance program. A summary of the proposal for the center is as follows: Circulation and Parking The overall circulation of the proposed plan indicates an improved traffic circulation pattern from 65th Street, 66th Street and Nicollet. Areas of concern with pedestrian traffic, vehicular circulation and parking have been revised since the original submittal and now meet staff approval. A summary is found in Attachments A, B and C. Drainage and Utility Plans: Final drainage plans have been reviewed and approved by staff, such that drainage concerns-are met. Resurfacing and Perimeter Curbing A plan for resurfacing and curbing has been submitted and approved by staff. Lighting and Signage The final lighting plan has been reviewed and approved by the City Building Inspector. A complete list of signage proposed has been submitted on plan sheets A9, A10 an All. Staff has met with the applicant to reach an agreement with respect to nonconforming signage. A letter attached from Towle Real Estate outlines this agreement. ~~ Landscaping and Irrigation and Maintenance A landscape plan indicating irrigation has been submitted. Staff is working with the applicant to finalize the details of this plan. A proposed maintenance program has also been submitted, as indicated on the attached February 9, 1989 letter from Towle Real Estate. Ordinance Requirements: 1. Section 800, indicates the requirements for offstreet parking areas. 2. Section 530, outlines the requirements for PUD plan approval. 3. Section 545.09, outlines the requirements for conditional use permit approval. Recommended Motion: To approve the granting of an offstreet parking permit for the Hub Shopping Center, with the following stipulation: Landscaping - the final landscape plan be reviewed with staff to meet staff approval. Basis of Recommendation: To grant the offstreet parking permit for the Hub Shopping Center on the basis that the proposed plan would not have adverse impact on the circulation and safety of vehicular and pedestrian traffic at the Hub Center, so long as staff's stipulations are met. Alternative Recommendation: To deny the granting of the offstreet parking permit for the Hub Shopping Center on the basis that sufficient data has not been submitted providing evidence that the proposed plan would not have an adverse impact on the circulation and safety of vehicular and pedestrian traffic at the Hub Shopping Center. Decision Mode• A public hearing is scheduled at 7:00 p.m. on Monday, March 13, 1989. The hearing will be held in the City Council Chambers of Richfield City Hall, 6700 Portland Avenue. Respectfully submitted, Jam D. Prosser Cit Manager JDP:sae -~ ATTACHMENT A Pedestrian Traffic: The pedestrian traffic from the Hub to the Hardees/TCBY building had not adequately been addressed, or a pedestrian linkage from the Hardees/TCBY building to the 66th Street boulevard sidewalk in the original submittal. The applicant has since worked with staff and revised the plan to meet staff's concerns (see Attachment B). Vehicular Circulation In the original plan as designed, the circulation and associated parking stalls in the NW corner of the center parking lot created a deadend situation with the adjacent parking lot to the west (see Attachment C). .These stalls have now been realigned to be compatible with the existing adjacent parking lot (see Attachment D). The overall is now greatly enhanced and the plan acceptable to staff for vehicular and pedestrian circulation. Parkina The ratio of compact stalls to standard stalls in the original plan submittal was too high, the plan has since been revised, so that the ratio of compact stalls to the total is approximately 20~ as per city guidelines. Table A summarizes the parking at the Hub center. The proposed PUD meets the city parking guidelines for number of parking stalls. PARKING TABLE A Existing Parking Hub - 895 stalls Proposed Parking Hub - 926 stalls (standard - 724; As per revisions shown handicap - 19; in Attachments B and C. compact - 183) Required Parking Hub - 917 stalls NOTES: 1) The latest Institute of Transportation Engineers (ITE) parking generation standards for a shopping center the size of the Hub (220,334 square feet) recommend a ratio of 3.97 stalls per 1,000 square feet, or 875 stalls. The latest Urban Land Institute (ULI) figures recommend 4 stalls per 1,000 square feet or 881 stalls. 2) For the adjacent center to the west, the existing parking appears to be as follows Hausers/Snyders - 150 stalls. U.S. Swim and Fitness - 72 stalls ~~~ Total 222 stalls Note: Using the standards noted above, the parking expected to be generated as a small shopping center, based on gross leasable area, is appropriate. However, U.S. Swim and Fitness, whether defined as part of a small strip shopping center (requiring 3.97 to 4 parking spaces per 1,000 gross square feet leasable area) or as a sports club/health spa (requiring 4.37 spaces per 1,000 gross square feet leasable area), the actual parking spaces utilized by it has been in excess of twice such standard in several recent parking counts. ~. f ~ ~t n. : • f ~~ ~ ~ ,~ ~ ~~ , ,p ~ _ i. 'i.. ... .~ ~ ~ ~, ~~ ~~, i i i ' ~ ' ' ~. t ~ '' `~ ~~ .' 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ZONING C-1 BUSINESS ~ MR_t MULT~LE RESIDENCE C-2 GENERAL COMMERCIAL ~ MR-2 MULT~LE RESIDENCE Q MR MULTIPLE DWELLING ® MR-3 MULTIPLE RESIDENCE :; :. :.I ~;;~ I I °° °o°a ;«:: .:~-, ° ° >° ' .~~~~~~{ itir~. ~~r . :: ~':~. i 1 r_-_ rN.~.~ _ _~_ ~~ ,,.. ~~; ~ PC-2 PLANNED GENERAL COMMERCAL o°o PMR PLAM'ED MULTPLE RESIDENTIAL N ~~ i I ~ i I I I i I i 66TH ST- AND NIC;OLLET 4VE. S. ~~'° `AND USE c~ COMMERCIAL ® APARTMENT PARK MIXED LAND USE Q DUPLEX. VACANT OUAS{-PUBLIC ,,l. N _ , =-~ --~ ''' 06TH ST AND NICOLLET AVE. S. 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' 1 ,,. ,1i o ~i^ • +~~ I ~'j n I i ~~ \ ' 2 Y I ~ • r E~~~ 1 ((~l ~ FaU Q ~ OI ~t~I a°~ W OI Jtl~i i ? ~ ~] ~ i A .. ~ J` JL • ~:I ----- ~ 'i!i _~ ,, j ~;~~,. o ~ j~, ,,' ~ti~t ~ d p (N~i ~ g i ~ ' ~ ..... l { T ~ »,~ J ; . ~.:, , ~ ~ .~ .~ ;~; '~~ ~~ ~ ~~f~, ! ~ ~ €~y~ rail! iiiU 3 M M ~%oZ~ • March 8, 1989 Ms. Elizabeth Morrison City Planner City of Richfield 6700 Portland Avenue South Richfield, MN 55423 Re: Signage - Hub Shopping Center .Off Street Parking Agreement Dear Ms. Morrison: Telec~opier 16!21347.9389 Writers Direct Diul Numher This letter will confirm the Signage discussions during the meeting on Thursday, March 2, 1989. The Signage plan as previously submitted would be changed as follows: 1) The directional sign located in the entrance median off of 66th Street will be deleted. 2) The directional sign located by the entrance off of Nicollet Avenue will be reduced in size to conform to the current - sign ordinance. 3) The combination directional/tenant sign pylon located at the vacated Pillsbury Avenue will be used only for tenant Signage. After your review should you have any questions call at your convenience. L. Heuer Sr. Leasing Manager Re tful yours, c- R ch rd RLH/b cc: Jeff Agnes Shea Architects TOWLE REAL ESTATE COMPANY 330 Second Avenue South, Minneapolis, MN 55401 (612) 341-4444 r, ~~~ a~ February 9, 1989 Ms. Elizabeth Morrison City Planner Ci.r.y of Richfield 6700 Portland Avenue Richfield, ~ 55423 RE: Hub Shopping Center Beer F].izabeh: li r•:1<'r ~ 1)7rr'c'r I)7u1 Zu~771~: (hl.'! hh/~..:r.y.l f LEASE REPLY TO: Hl~f; Shopping Ccnter ~~x~d~'xsd~itfa:Fxtor~t 98 W. 66th st . Richfield. Minnesota 553? in the event that the Hub Shopping Center were to accept. responsibility for site maintenance presently handled by the City of Richfield, the following items represent work we would anticipate performing as indicated. 1. Litter and Trash: daily clean-up and empty trash containers twice weekly. 2. LandscaPin~: lawn mowing, weeding as needed. 3. Fert_ization: trees a;:d shrubs once yearly. with pe1]~ts or spikes in recommended doses, grass areas at least twice yearly with slow release fertilizer. 4. rrunin~: trees and shrubs annually with other shoots pruned as the: appear. 5. ~r,Tatering: all trees, shrubs and grass should be watered as needed. lluring dry spells grass should be watered daily. Trees and shrubs should be given a good soaking t*aice a week. In addition, the 66th Street boulevard area, 65th St. boulevard area and 66th Street esplanade area would receive underground sprinkler irrigation per the landsca;)ing plan.. This revision to the sprinkler sys~em would be impleme:ited at the owner's cost, installed by a City designated contractor and City would be responsible for maintenance. The o-,aner reserves the right however, to secure outside bids to compare with the City designated contractor before the work can be authorized. If the price variance for comparable work is large, the owner will be interested in having the wo•-k done by the low bidder. 6. Sidewalks: swept and kept free of litter as needed. Weeding, either chemically or by hand, as needed. "Round-up" type chemical hand applied with brush not sprayer, would be acceptable chemical treatment. Sidewalks should be edged at least once a year. 7. Seed and Sod: as r:ecessary to repair winter kill, salt damage, or other problems. 8. Snow Removal: hand shoveling or motorized removal as necessary. 9. Furniture: repair, replace and maintain as needed. Z0. Trees: replacement when lost due to accident or storm damage. 11. Parking areas: Patch, seal coat, restripe and otherwise maintain as required. ... TO~'~'LE REAI. F:STA.TE CU'~~}'An~' ?;i) Scc.~u~ :'~~~~,~ue S~~uth.'~1~nnea~lis. 1~9N 5~-~U1 tt~r~) ~-31-i-1~4 Page two - Elizabeth Morrison I trust that this will. provide the necessary general information regarding site maintenance which would represent an expanded scope of property maintenance responsibility. Sincerely, Allen Reichstadt Property Manager AR:ace ~~~ ~" %~~ .GHFIELD HUB SHOPPING CENTER 1989 TENANT LIST BRADLEY REAL ESTATE TR UST # OF # OF .HOURS OF TENANT SQ. FT. EMPLOYEES SHIFTS OPERATION USE VACANT 54,000 65 2 M-F 9:30-9 RETAIL 68 W. 66TH ST. SAT 9:30-5:30 FORr1ER KORNER PLAZA SUN 12-0 LANCER STORES, INC 7,830 25 2 M-F 9:30-9 RETAIL 64 W. 66TH ST. ~ SAT 9:30-5:30 SUN 12-5 FANNI' FARMER 857 5 2 M-F 9:30-9 RETAIL 62 W. 66TH ST. SAT 9:30-6 SUN 12-5 HUB TANNING CENTER 900 2 2 M-F 9-9 SERVICE 58 W. 66TH ST. SAT-SUN 10-4 ,AN TAILORS 450 2 2 *i-F 9:30-9 SERVICE 56 W. 66TH ST. SAT 9:30-5 HUB SHOE REPAIR 450 2 1 MWF 10-6 SERVICE 54 W. 66TH ST. T&TH 10-7 SAT 10-5 HEARING PROSTHETICS 450 2 1 M-F 10-5 SERVICE 52 W. 66TH ST. S&S BY APPT PLI'MOUTH OPTICAL 726 2 1 M 9:30-7 SERVICE 50 W. 66TH ST. T-F 9:30-5:30 SAT 9-1 DANA'S (NEW) 8,000 8 2 M-F 9:30-9 RETAIL 46 W. 66TH ST. S&S 10-6 ATHLETIC SHOE FACTORY 2,672 4 2 M-F 9:30-9 RETAIL 38 W. 66TH ST. SAT 9:30-5:30 SUN 12-5 MARSHALL'S 27,000 70 2 M-F 10-9:30 RETAIL W. 66TH ST. SAT 9:30-9 SUN 12-5 GLAD RAGS 1,664 5 2 M-F 9:30-9:30 RETAIL 34 W. 66TH ST. SAT 9:30-6 SUN 11:30-5:30 ~~.~~r WEIGHT WATCHERS 2,544 35 36-1/2 W. 66TH ST. FAMOUS FOOTjJEAR 6,321 5 32 W. 66TH ST. THE STABLE 2,880 5 28 W. 66TH ST. KARON'S HALLMARK 2.,844 5 26 W. 66TH ST. EXTRA SPECIAL 1,422 5 22 W. 66TH ST. HUB JEWELERS 1,422 5 20 W. 66TH ST. ST CUTTERS 1,386 7 1B W. 66TH ST. #25 - VACANT 1,422 4 16 W. 66TH ST. FORMER HUB HOBBY KINNEY SHOES 3,465 2 14 W. 66TH ST. WALGREEN'S 11,913 50 12 W. 66TH ST. PILGRIM DRY CLEANERS 1,782 5 10 W. 66TH ST. UNITED STORES 3,564 10 8 W. 66TH ST. CHINA GARDENS 1,782 ~ 5 'd. 66TH ST. GODFATHER'S PIZZA 2,834 20 2 W. 66TH ST. 3 OPEN FOR SERVICE SCHEDULED CLASSES 2 M-F 10-9 RETAIL SAT 10-6 SUN 12-5 2 M-F 9:30-9 RETAIL SAT 9:30-5:30 SUN 12-5 2 M-F 10-9 RETAIL SAT 9:30-5:30 SUN 12-5 2 M-F 10-9 RETAIL SAT 10-5:30 SUN 12-5 2 M-TH 10-8:30 RETAIL F 10-6 SAT 9:30-a 2 M-F 9-9 SERt'ICE SAT 9-6 SUN 12-5 2 M-F 9-9 RETAIL/ SAT 9-6 SERVICE SUN 12-5 1 M-F 9:30-9 RETAIL SAT 9-6 SUN 12-5 3 OPEN 24 HOURS RETAIL 2 M-F 7A-9P SERVICE SAT 8-6 SUN-CLOSED 2 M-F 9:30-9 RETAIL SAT 9-5:30 SUN 12-5 2 M-TH 11-8 RESTRNT F&SAT 11-9 SUN 4-8 2 SUN-THUR 11-11 RESTRNT F-SAT 11-lAM . ~~~ VACANT 9,856 20 98 W. 66TH ST. FORMER 1ST MINN BANK MARGARET BRAND 317 1 33 W. 65TH ST. DR. WEIS 1,149 6 33 W. 65TH ST. RETIREMENT ENTERPR. 694 6 33 W. 65TH ST. ALL STAR FURNACE CLNG 362 5 33 W. 65TH ST. 2 EVERYDAY RESTRNT 6:30-MIDNITE 1 10-7 BY APPT OFFICE 1 BY APPOINTMENT OFFICE 1 M-F 8-5 OFFICE 1 M-F 8-5 OFFICE ~~ CITY OF RICHFIELD, MINNESOTA Council Letter No. 63 Agenda March 13, 1989 Issue Statement: Public hearing on an amendment to the Planned Unit Development plan and a conditional use permit for two restaurants with one drive-up window at the Hub Shopping Center - 66th Street and Nicollet Avenue. Background: Bradley Real Estate Trust, owner of the Hub Shopping Center, has requested an amendment to the PUD plan and approval of'the conditional use permit for two restaurants with one drive-up window at the existing First Minnesota Bank Building, 66th and Nicollet Avenue at the Hub Shopping center. The applicant is proposing to renovate the existing out building structure to include two sit-down fast food restaurants, Hardees and TCBY, with. one drive-up window for Hardees. The restaurants would occupy approximately 4,911 square feet of space on the ground floor. The second floor would continue as 5,320 square feet of office use. The renovation would include a 569 square foot solarium extension to the existing building. A summary of the proposed renovation is as follows: TABLE A Ground Floor: Existing Proposed No. of Square Feet Square Feet Seats 1. TCBY N/A 1,086 24 2. Hardees N/A 2,869 125 1st Floor Total 4,342 4,911 149 Second Floor Existing Office 5,320 5,320 N/A The TCBY Restaurant would occupy the east portion of the structure and general hours of operation would be 9:00 a.m. to 12:00 p.m., seven days of the week. There will be approximately 15 employees total, with an average of 4 employees per shift. The restaurant will seat 24 persons. Hardees Restaurant would occupy the west portion of the structure and general hours of operation would be 5:00 a.m. to 12:00 p.m. seven days of the week. However, the applicant has indicated the restaurant may be open 24 hours per day, should market demand be sufficient. There will be approximately 50 employees with an average of 7 to 8 employees per shift. The restaurant will seat 125 persons. A drive-up window for Hardees would be constructed on the west side as shown on the attached site plan (Sheets A2 and A4). Signage directing circulation is indicated on the site plan in detail on plan Sheet A6. Parking for the proposal is as follows: TABLE B Required Parkins A. Ground Floor TCBY - 24 seats Hardees - 125 seats Total - 149 seats Parking Required - 50 spaces (1 per 3 seats) B. Second Floor Office - 5,320 square feet Parking Required - 21 spaces (1 per 250 square feet) Total Parking Required - 71 spaces. Proposed Parking Provided - 71 spaces (including 61 spaces from approved PUD and 10 additional spaces) A final drainage plan has been submitted and approved by staff. The property is within the LHN Redevelopment Area and is zoned PC-2, Planned General Commercial. On January 24, 1989, the Planning Commission reviewed the amendment to the Planned Unit Development and the conditional use permit for restaurant use with two drive-up windows (for both TCBY and Hardees) at the Hub Shopping Center. The Planning Commission recommended denial of the amendment based on findings that the traffic pattern may present a hazard to pedestrian traffic and adversely affect the traffic circulation in the center and that no satisfactory plan for trash disposal was presented. Subsequently, the applicant has revised the proposed plan regarding circulation, parking, signage and the location of the trash bins. A petition was received by the City Council at its last meeting and such issues will be addressed separately by the City Attorney. Recommended Motion: Approve the amendment to the Planned Unit Development plan and the conditional use permits for two fast food restaurants with a drive-up window for Hardees at .66th Street and Nicollet Avenue at the Hub Shopping Center, with the following stipulation: Landscaping - the final landscape plan be reviewed with staff to meet staff approval. r ~ ~~_- Basis of Recommendation: 1. Circulation Sufficient data has now been submitted providing evidence that the proposed use would not have adverse effect on the circulation and safety of vehicular and pedestrian traffic at the Hub Shopping Center. The City traffic engineering consultant has reviewed the proposed plan with staff and has indicated the revised plan with one drive-up window adequately addresses the concern of stacking and vehicular circulation. Staff also raised concerns over the provision of pedestrian access to the restaurants from 66th Street and from the Hub Center. The applicant has since made provisions for pedestrian access which now meets staff approval (see Attachment B). 2. Parkinct Parking has been reworked to meet the City parking guideline requirements. On the plan originally submitted, the representation of compact stalls was too great (should be approximately 20$ of total stalls). The applicant has since reworked the plan (see Attachment B) to add 9 additional standard stalls fronting along 66th Street in front of the Hardees/TCBY building (to the south), which meets staff approval. 3. Signage Signage for the CUP/PUD amendment has been revised to be in conformance with City and State requirements. 4. Trash The revised location and treatment of trash handling meets staff approval. Alternative Recommendation: 1. To deny the amendment to the PUD plan on the basis that the proposed use would have an adverse impact on the circulation and safety of vehicular and pedestrian traffic at the Hub Shopping Center. 2. The City Council may choose to refer this proposal back to the Planning Commission for review since the proposal has changed with. one drive-up window. Decision Mode• A public hearing is The hearing will be Richfield City Hall, scheduled for 7:00 p.m. on March 13, 1989. held in the City Council Chambers of 6700 Portland Avenue. Notice of hearing was mailed to property owners within 350 feet of the property and legal notice was published in the Sun Current Newspaper. Resp f lly submitted, Jame Prosser City nager JDP:sae MAR• 1 ~~ i Ct~ C~ 01 Z 08 'B9 2'0~~ 8 SH~~ ARCHITECTS ~ ' ~T'P..3/ ;~. ., .; l ~ t~ ~ <~ ~ ~ .. _. ~ ~ 1. ~.~ ,4 ' ~~- ~ ,. v ~ ' ~ .~ /!~ •~ ~~ ~ Z \ ' ~ ~.~ ~1 . ~ ~ ~ j ~ ~'• • ,M ~f ' i r 1 ~ .~' a 0 a a v i ~ - o G ~ s w a u a w a~ i a s s s ~ • ~ ~ v s a s~ s i ~ 2 s xER%ES AVC s..-ai mss-_ere~.a„~ _ .~a,.~a:•sa...~-~-s -~~.+.. ~.~. dw: i~; xfaxES wE VINCENT j" ..~'~ - '~ `~~ ~ ~~-~- ~ ~71' . - _ -~. .«~_ ..._ ~.~1 VINCENT LIPTON ILA ~ _~~~~-~_ ~ ~~_~ li. y- ~ _~_ .«~__~.-~~ ~~~.r-.~.~. I ~~__« LIPTON TMOY AS ' ~~ ~ ~ ~~ ~.. ~~ ~ ~~~ ~ ~: ~ ~ ~I TNOY•S Ru S3Ell h ~, c ~ ~~-~-^~~~• -~ ~ ~ SNER10•N ' _- ~ ~^~^ , ~~ ~, RUSSELL KNN AvC. __. ~~_ 1~ - l . -_ `- rl ~~~ Pf NN 1VE. NEWTON II~„~ I~ 1--';' ;~- 1. 1 _=,d OLIV[R ti I, S? 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F~CMi91d, Mn. iZ«w a f ~. w fOnf f/f]OU~OONOrn9e. • m a c.. r r.M eaoa evl vo ns• 17 f0. 11 Mff.N = rn t~ .x vo z ~o t~ p rn r< r:.r rn_ -~ o rn ^ `~~-/J ~f'{ ~~;~a O+T= r! 4~t 1 r ~~~ ~ ~~ N -i -`. t r~"~ .~ '~ ~ s ~ I r wl t0 A6 s'-s' t ~~~ ~~ ~t~~i ~~',i ri 4 ~~ e (~ _ l r ~ ~~~~ ~, ~~~~ r~ ~r ~ t 4~ i. ~ ' F ~~~~ n~~t~ i ;~f~ i ~~~ r' it r ' ~ r N r t ~~~; ~- ~rtf~~' p~f~ ~~l~i ~~ rr 7 . ~ r ' f ~, ~ r~..~t r ~f ~~ ~('(E`l It~ it' ~ } ~ ~~ • 1 _ ~1 N 1 ~te •rJhl ' i ~~. ~~ rn ~~ i ' a f~F' `~'`` Z i~ (~I ~~I#I 1r~~ ..~ ,1~~r ~ ~ r~~ t i ~ ' l r_ •~.• ~ ~~1~{ .s ~~;r ~;t' ~~ ~t I~ r r, ~' -...o z -v V1 C} rn no v_ z~~ _ Z. C~ :.. O rrn r rnv -~ rn C rn~ • ".. wen ~ SK3PIACiE DETAll9 „; .~' ^- ..,,.... '~"~" ,,, ~ - . ArChlteCis, k1C . „~. ~.. ,..... ».. e,~..o,~,~~,...~.., Richfield, ~ii~'i.~~ ~~ - ~++se~w roo+anm• ~ - , / C ~ ---~' _ ~_~ C ' ~ ~.= ~~ ~' ~: sr O M ~ ~~: ,~ ~ , Y ~`~ ~, ' i ~ a~ L -~ / T ~Y ~ ~ ~' •. ~~ ~~ ~~. :. ~: W II T ..~_ ~ ~:; " - i ' I~ ~ `• R~ ~~ 4 ~i~ ~ ~ ~ ~ . ~~~ ~ k ~ _ ~ y s Q -- - ~~~ 1 _ ~ I O ~~~ ,. ~~~ ,o .. " --~ ;~~ }~ ~. ~~~~ e `~ ~ ~ ,~ s P .i J I~ _ ~ 1't -i ~\ --.- .. €~ ~ ~~ ~~ ~~ -. r~ :. ~4 iE ~~.. o . ~_~_ I '~ 1 •' ~ `~ ~1 ~ ; . i ~~ .~ ~• ~ ~~ A7 OI b _.. i ~~~ ~ - ~ . ,, .. ~, --~1~ ~,~~ ~;... , ~ ~~ ~~ ~ ~~ ~ ~ j ~ _ y~~~ UOMTiNCi DETAllB ~ .u N .r. ' a;•;~;.: ••••. ~ ~ ,.,. ,,. h IN. N aw N/AN ~~.N Richfield, Minn. ~- ;,.., •» ••~ a Architects Mac. ~RW.w 70a QONUwlM w x.w ego, vo m• o -v -~ ~o =O .~ ~"~ Q ^ ~ rn .z ~ C7 _ r Z~ o- rz ~~~~~ "' v ~ rn ~ ~, <_ rn r • ~~ - ~/ Orr Schelen Mayeron & Associates, inc. 2021 East Hennepin Avenue Minneapolis, MN 55413 612-331-8660 fAX 331-3806 Engineers Surveyors Planners February 22, 1989 City of Richfield 6700 Portland Avenue Richfield, MN 55423 ATTN: Ms. Elizabeth A. Morrison City Planner RE: Lyndale Hub Nicoilet (LHhd) Hub Plan Revision. Review Dear Ms. Morrison: The applicants for the Conditional Use Permit (CUP) amendment arld the Off Street Parking Permit amendment have revised their plans in response to the issues raised on behalf of the City in my letter dated February 16, 1989. A meeting was held at City Hall to review these revisions. The following persons were in attendance: Mr. Mike Eastling, City Engineer Mr. Robert Morast, OSM/City Traffic Consultant Mr. Jeffrey Agnes, Shea Architects Mr. William Hewitt, BRW Mr. Christopher Colby, Yaggy Colby Assoc. Mr. Allen Reichstadt, Towle Real Estate The revisions to the plans have adequately addressed each of the items of concern previously raised. The area of original concern and resulting resolution are as follows: 1. The drive thru facility for the proposed Hardee's and TCBY. The proposal now includes only one drive-thru facility. The drive-thru geometries have been re-designed to eliminate the potential to impact W. 66th Street. 2. The entrance to Pillsbury Avenue immediately north of 66th Street has been. eliminated and the nearest entrance to 66th Street will be at right angles to Pillsbury Avenue. This is located 60 feet from 66th Street. ~~ "~~ Equal Opportunity Employer ~.- ~ ~ Page Two February 22, 1989 Ms. Morrison 3. The parking layout has been revised to eliminate the compact car designation in the first row immediately south of the Hardee's/office building. 4. The handicap parking has been relocated to allow access to the building without having to cross the drive thru lane or travel down a parking isle. 5. The signing layouts have been changed to specify that all regulatory signs be in conformance with the Minnesota Manual of Uniform Traffic Control Devices (MMUTCD). It was agreed to in principle that in the case of regulatory signs, if the City's Sign Ordance is in conflict with the MMUTCD, the MMUTCD shall take precedance. Again, I feel that the. applicants have adequately addressed. the traffic, circulation and signing concerns and herby recommend that the City accept these modifications. It should be pointed out, however, that on those few peak crunch shopping periods such as the week before .Christmas and perhaps the day after Thanksgiving, the parking and circulation demand at this retail center may very well exceed the capacity. This is not unique to this specific area nor to strictly off-street systems. Neither the public sector nor the private sector .can provide the facilities to handle the traffic demand for those few highest traffic demand hours of the year. I wi 11 be avai 1 abl a to be i n attendance at the City Counci 1 meeting on February 27, .1989 to answer any questions about this. review and recommendation if - requested. Sincerely, ORR-SCH MAYERON & ASSB)9 ATE INC. Robert ~ Morast, P.E. ~ Manager, Traffic & Transportatiion RJM:rjg cc: Mr. Mike Eastling, City Engineer ~/' ~~-i ~ February 14, 1989 YAG GY COLBY To: Jeff Agnes ASSOCIATES Shea Architects, Inc. From:. Christopher W. Colby, A. I .A. A, ~' E~ ~A Yaggy Colby Associates S`-'q"E'''"~ PLANNING LANDSCAPE ARCFi1TECTURE Re: Hardee's Restaurant Drive Through Window Traffic Hub Center, Richfield The fo lowing summarizes and documents our previous discussions and presentations regarding the projected traffic at the Drive-Thru lane at the above location: Customers/week 24,000 customers (total restaurant) Vehicles/week (Drive Thru) 4,800 vehicles (assumes 40% of customers go to drive thru, 2 Rer-car) Vehicles/day 700 vehicles (average) Vehicles/hour 39 vehicles (average over 18 hours) - There is no significant. seasonal fluctuation in the traffic generated by these facilities. Peak business .hours are from lam-gam, 11:30am-1:OOpm and 4:30pm- 6:OOpm. These restaurants are staffed and equipped to handle up to 180 vehicles/hour during peak periods. However, this location is not projected to have such a large volume and traffic should efficiently flow .through the proposed Drive-Thru lane. Relative to the drive-up window, menu board and traffic flow, the following issues have been presented: 1. Hardee's typically requires a minimum of six cars stacked between the .menu. board and the drive-up window. This spacing is the most efficient to allow proper ordering, processing and final pick-up. 2. Stacking behind the menu board is recommended by Hardee's, but there is no specific requirement as to the number or design. Hopefully the above summarizes our discussions. Please do not hesitate to call. ~f y_ou have any further questions. V ~ ~~ ~ ~" `V' Vv v vv - v Christophe W. Colby, A.I.A. cc: Mike Dimond/Cardinal Dev lopment . .~:.~I ~ ;~,._.~-~ HiF •~(,~ "~-1F ~:~=~ r., `t ~ff'.,t r-i-n P: ~.,•;r.,~-,r,t~. ~.~,, qi.9 ~ ~-,n?-:'f if ~-ru:.t - .. E`~L, N:); 1,11 n(_InME Mn<-;(lN :"iT-V iUWA 50001 51"x-d2.7-63•".:3 nh~ E~7UAL OPPORIUN~TV E"MGLL VE:~ ~~ -%~ February 14, 198y To: Jeff Agnes Shea Architects, Inc. From: Christopher W. Colby, A.I.A. Yaggy Colby Associates Re: Hardee's Restaurant Generation and Removal Hub Center, Richfield YAG GY COLBY ASSOCIATES ENC+INEERING ARCHITECTURE SURVEYING PLANNING LANDSCAPE ARCHITECTURE The daily amount of refuse generated at a Hardee's Restaurant of .this size will not exceed the capacity of a six yard trash container. .Daily pickup will be arranged at an off hour so that the schedule does not disrupt traffic flow. Specific regulations regarding future recycling of trash at commercial locations may affect .the manner in which the trash is store. for removal. However, the quantity and exterior containment of the trash should not be significantly affected. We anticipate that the preliminary plans for the Hardee's kitchen, service, storage, and related areas will be reviewed with the City of Richfield and the - required Health Department prior to developing final plans. This will be an _ opportunity to further discuss specific design requirements. Hopefully the above summarizes our discussions. If you have any further questions, please do not hesitate to call. Christopher cc: Mike Dimond/Cardinal Develo t r , , ... .-. ~ b - ~ ~ ~ rt „ .. I ,. ~ ~ rt ~ i I , t.:v~ ~ ~ , . .:. 1 . , if , , ..~ ~.. .. ~ !t. .. ~.~ , ~ f-, of .nr~ .-~ r; ;n5:1 )b„ f l' IOWA 5D401 ~ 595-4?4-6344 nr.i t 1_JUl~L. OF'i'%OF~T.UNITY EMPLOYE F, ~~ ~ -~/ ss ~s TCB~ The Countr~s Best Yogrurt February 6, 1989 TO: Jeff Agnes Shea Architects, Inc. FRs Cathy Czuba TCBY Yogurt RE>I Trash Reuoval .Hub Center, Richfield As noted on the attached sketch of the TCBY store layout proposed for the Hub Center. in Richfield, the amount of trash generated at thin unit is expected to be as folloxs: Per Day Per Week \ . Winter 1 bag 2 yds. . Summer 3-4 bags 6-S yds. Trash xould be re>4oved from the building after hours, one time per day. TCBY is comfortable relying upon the City of Richfield's and the developer's decision regarding placement of the duapster area relative to the building. Please do not hesitate to call if additional infor>aation is required. Sincerely, c~ .~ . Cathy C NORTHLAND YOGURT, INC. • 6428 VERNON AVENUE SOUTH • EDINA, MINNESOTA 55436 • (612) 939-0040 " EDUiPME,~'r~~ J J ----~ - 3, ~S.WORIC tABLF S-tGWES S. SHELVES b. slruK' O ~. NAND SINK g. Yo6uR-t MACHINE 9• YGGUR'T MALHIIIE ' la LcuNTER I~• Yo6ue~ MACHINE ~- ' Q ~µ~ w ~° z~ ~F i r ~~~ o - O ~~- - _ I.~•Ic~~crr I ,efti~r I%en>rtrd~~ t )'Breen k I )r~wz a Prafc~sianal A.auiatinn 40 First Bbnk Place West Inneapnfis March 10 , l9 $ 9 innH4ntA t"fS~Z ~Itsphane (8111 333-0543 ioCOpior {6121 333.0540 M~. .T&m~S D. Pxoz3t;ex Denra>i o~Britirrl hn E. L3rawz City of Richfield wid J. Kennedy ft 7Q0 Portland I1ve. , ~ . seph E, Hamilton r:ichfield, MN 55423 hn B. De~en inn E. Purc~ue :ht~rd ..f SChieffer ~~a~ 4T1m sAr3s L. LeFavera ~t168 J. T'hamsan, Jr, omas R. Galt ETICIOSeC~ ~Or Qtly' GonS~de~atiOn lea Se fa.nd a r0 Ost?d y P P P jven r3. s~:hmrdt rendition which wP axe recommene~ing be imposed on the HUB hnG. Kr9sr~el ~JL) clan amendment and upon the CUP. If you have any 'Wes M. Svommen Wald H. Batty C*LIeSt1aT2S ~t?i3$e adViSe. ~ p Iliam P, Jordan liiarrt a. sx~uervd Respectfully yours, ' A, Heine ~. Br3aVdUlli >vvn M, Tollon iry FranCA9 SkFtia :lie M. Ahrnan nothy J. PewlHnty ,T Tl B. DeAYf It A. ~txtnttairn is A. Be-Oh ~THD II Z'Sr roy L. liitcsma'w vict C. Arilanti EnG7.osux'e 'en A. ChAmarGk ~I D, Bat~rtschi 9An Fritz yton L. LaFravare, Ftetirrid rtxart P. Lailer, RetirAri In the event that a court Qf. competent jurisdiction deter- mines that, far whatever rea:~an, the ownexs of the land adjoining the lands awned by applicant had anc~ possessed, as of the date of this apps ova]., the xigfit to .utilize parking areas located within applicant's property, then tl~e Council specifically reserves and makes this apPraval conditioned upon its right to reconsider whether this approval should be mad2Fisd or revoked based upon the stan~r.~ards cif how this Council would h+~ve acted upon this appizcdtzon had such judicial. detez-ma.natian be made prior to the date aF this approval. ~'~ ~~o CITY OF RICHFIELD, MINNESOTA Council Letter No. 62 Agenda March l3, 1989 Issue Statement: Purchase of Cushman Truckster in excess of 55,000. Background• The City Council policy resolution on purchasing provides that when the purchase of merchandise, materials, equipment or construction exceeds the amount of 55,000, authority to purchase shall be submitted to the City Council for consideration. The adopted purchase of at the Golf from four v. VENDOR central garage budget includes a Utility Vehicle to replace a Course. Staff received quotes ~ndors as follows: BASE UOT: 57,000 for the fully depreciated unit in an informal process CUSHMAN TRUCKSTER TOTAL TRADE-IN UOTE Illinois Lawn Equipment, Inc. 1989 Cushman Model #532 $8995 (S 495) 58500 Hoist Distributing, Inc. 1989 Cushman Model #532 58995 ($ 795) $8200 Cushman Motor Company, Inc. 1989 Cushman Model #532 58500 (51000) 57500 Versatile Vehicles, Inc. 1989 Daihatsu Model #580LP 58397 ($1000) 57397 Recommended Motion: Authorize the purchase of one 1989 Bushman Turf Truckster Chassis from Cushman Motor Company, Inc. for 58,500 less trade-in of one 1980 Cushman Truckster for $1,000 for a total purchase price of 57,500. Basis of Recommendation: 1. Staff contacted three golf courses who presently own the Daihatsu machine. While all three liked the machine, it was pointed out that the Daihatsu was used strictly as a transportation vehicle for golf course superintendents and not as a day-to-day heavy maintenance vehicle. It is also not compatible with our existing parts. 2. Rich Acres Golf Course presently owns six Cushman Trucksters and parts are interchangeable. 3. The golf course owns several Cushman attachments for greens maintenance, some of which would not work with the Daihatsu vehicle. /'T~ / // / 4. The Cushman has a heavier suspension, providing a more sturdy vehicle for the work demanded of the utility vehicles used by the golf course. The budget will be revised to reflect the additional $500. Alternative Recommendation: Council may direct staff to accept the low quotation from Versatile Vehicles, Inc.; however, staff believes the Cushman model is the appropriate vehicle for our purposes. Discussion/Decision Mode: Council may choose to delay a decision on this purchase; however, staff is requesting approval at this time in order to facilitate timely delivery of this vehicle. Respectfully submitted, Jame Prosser City anager JDP/ej a 89-@3- 1wJ 1 1 ~ ,3~ I f=irst Bank Place west -ea~,ala9 lesota 55402 phone ~Bt~} 3.'33-06A3 cnpinr 1812) 333-0540 ennis U'tir+en 1 E. Qrl+wz d J, Kennedy Yph E. Hamilton ~ d. bean ~n E. Perdue erd ,J.:ichieffer 7es L. LeFevere es J. 7hc,ms~7n, Jr mas R. Gait ~n B. „SP.hmidt ~ G. Krt+ssel es M. Stramn~an ala N. l'iatty arrr_P. J~rden . Sk~llerud u.... -+ f Leine id U. Ber~+udain ren M. Taken y Frances Skala ie M. AItMAn pxt~+y J. PHwlenty A. S{sonYu3im A. Bergh ;:y l.. 1 Yitcsman id C. R~;lartti in A. Gtr~+mHrlik I b. Baertschi )l .l'~CVC1'C 1 a~fl+:~r ~~~nne~ly t l'Iirien & I )rawz a Pmfrsrinnal Ati~UI 1ii11111+ A~arch 10, 1989 h)r. James D. Prosser City of Richfield ~7QQ Portlznd Ave., S. ~.~.chfield, MN 55423 F'e: Requealt What Council Consider. P~pialicable to "I3UH Super I3],ack" T:le.ar Tom: interim Ordinance A.t a is February 27 m~eetinc~, the City Council received a petitinn rEyquest:~ng that the Council consider the adop- tion of an interim ordinance placing a maratarium upon further deti~elopment and congtxucti.on within the HUS Super Mock until. arrangements can kye made to deal with parking recluirr~ments within the entirety of the Super Bi.ack. Z~t~e petit3.on, which does not meet the requirements for an initiat~.ve petition contained in Chapter 5 of the -City Chaxtex, was styled as a reguest that the City Council, an its own initiative, consider the adoption of such an interim ordinance. rinFritz The City Council x'eferred the matter to ne for analysis non i I.eFevero. RotirOd and my opinion as to whether the City Council possessed bert P. Lefler, Retired thf: Legal authority to consider the adoption and to adopt such an ordinance. Based upon the analysl.~s contained below, I conclude as follows: 1. The Council does not currently possess the legal authority necessary for the 4onsideration or adop- tion of such an interim ordinance. 2, It would be inappropriate for the City Council to delay consideration of the land use applications presently pending before it on the sole basis of the council's desire to explore 'the adoption of an interim ordinance. Per. James b. Prosser March 10, 1989 Page 2 DISCUSaIaN Minnesota Statutes Section 462.355, subdivision 4 autho- z•.iLes municipal~ifas to enact interim ordinances, The statute also limits the circumstances under which the authority lmay be exr~rcised. Su}~divi.~ion 4 of the Statutes reads ~.rY relevant part: Subd, 4. hnterim ordinance. If a municipality is conducting studies or has authar3.zed a study to kie co~nductcd or has held or .has. scheduled a hearing for the purpose of cons~.dex'ing adoption or amendment of a comprehensive plan or official controls as defined ire section 462.52, subdivision I5, ... the governing body of the municipal- ity rtta.y adopt an interim ordinance r~pplicabie to all or part of its jurisdiction for the ptxrpvse of protec~tincJ the planning process and the hcaxth, safety and walfaze af. its c:it].2ens. The interim ordinance may regu- ].ate, restrict or pr~~hibit any use, develop- rnerit, or subdivision within the jurisdict~.on or a portion thereof for a period not to exceed one year from the date it is effec- tive, and may be e:~tenctecl for such aflditiona7~ periods as th~a mun~.cipali.ty may deem appro- priate, not exceeding a total additional period of 18 months ...." Z'he essential preoond.itions to the adoption of an interim ordinance are that the City, i1 is conducting or has authoriz~:d conduction of a study, or ii} has scheduled or t5e7d a h~:aring ors the adoption or amendment to the comprehensive plan or zoning regulations. None of the es~sentia]. preconditions presently exist. The Council currently has pending before it consideration cif a request by one of the owners of Iand within the Super Block for an amendment of its planned. unit devel- opment plan and for the issuance of a conditional use ~~ermit. The Council also has the recommendation of the planning commission and of the ::toff with respect to such request. xt would be inappropriate for the Council to delay consideration af, or action on those requests if ttte exclusive reason for sur-h delay eras to do the things n~:cessary to put an interim ordinance in place. To do so Pdr. James A. Prosser P~4arch 10, 1989 ]'age 3 would, in my judgment, give force to an intera.m ordinance wha.ch has not been cr~nsiderec~, not been adopted and with respect ~o w~tich the Council has no present authority to a,ct. fiespectful.Iy ours, ~. Ja A . Wean JBD:rsr .~~ _~ CITY OF RICHFIELD, MINNESOTA Council Letter No. 61 Agenda, March 13, 1989 Issue Statement: Approval of a resolution amending the 1988 for the General Fund Budget. Background: The City Charter provides that the City Council must appropriate monies for operations of the City on a Departmental level basis. During the course of the year, the City Council usually amends the operating budget at least once. This is referred to as the Revised Budget. However, since December, the Housing and Redevelopment and Community Development Administration Divisions activity budget 1988 expenditures have exceeded the appropriation contained in the revised 1988 budget. The Housing and Redevelopment Division budget was overspent by about 514,000 by December 31, 1988, which is primarily due to overestimated inter-departmental labor credits for the Housing and Redevelopment Division. Additional labor credits were anticipated for time spent on the energy project and 66th and Penn Avenue study. However,- during the course of the year, the energy project administrative support staff minimized their time charges to the energy program and the Penn Avenue project has not been as active as anticipated. Thus, with the inter-departmental labor credits over-estimated, an over-expenditure has resulted in this area. The Community Development Administration Division budget of the General Fund was overspent by about 57,900, which is primarily due to over-estimated inter-departmental labor credits for services that normally are charged to the Richfield Housing and Redevelopment Authority (HRA) for specific projects with the HRA. The transfer of 522,000 from Public Safety Department to Community Development Department is made possible because of unspent capital outlay appropriations in the Emergency Services Division. Summary Expenditures Community Development Department Add: Housing Authority 514,100 Add: Administration S 7,900 522,000 Decrease: Public Safety Department $22,000 Net Change to General Fund -0- Recommended Motion: That the City Manager be authorized to amend the 1988 General Fund budget by authorization of a transfer of appropriations from Public Safety Department budget to the Community Development budget as described. ~~,1%/ Basis of Recommendation: 1. City Charter provides that the City Council must appropriate funds for department level of spending. 2. The transfer does not affect the annual General Fund budget. Instead it provides that no department end the fiscal year overspent. Alternative Recommendation: None Discussion/Decision Mode: In order to allow the City's accounting personnel to finalize the 1988 Annual Financial Report, it is recommended that the City Council act on March 13, 1989, to adopt the attached resolution authorizing revision of 1988 General Fund Budget. Respectfully submitted, Jame Prosser City anager JDP:sae ~'~ ~ ~-. RESOLUTION NO RESOLUTION AUTHORIZING REVISIONS OF 1988 BUDGETS OF VARIOUS DEPARTMENTS WHEREAS, Resolution No. 7370 appropriated funds for personal services, and other expenses and capital outlays for each department of the City for the year 1988; and WHEREAS, Resolution No. 7458 authorized revision of the 1988 budget of various departments; and WHEREAS, the City manager has requested a revision of the 1988 budget appropriations in accordance with Charter provisions. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield, Minnesota as follows: GENERAL FUND AMOUNT Public Safety $22,000 Decrease Community Development $22,000 Increase Passed by the City Council of the City of Richfield this 13th day of March, 1989. Steven J. Quam Mayor ATTEST: Thomas P. Ferber City Clerk ~~~~ CITY OF RICHFIELD, MINNESOTA Council Letter No. 60 Agenda March 13, 1989 Issue Statement: Award of Contract for Flusher Unit. Background• The approved 1989 Garage Capital Outlay Budget contains $68,900 for the purchase of a new flush truck to replace fully depreciated unit #231 which has been evaluated and deemed to be in need of replacement. The new truck chassis has been ordered at a cost of $37,782.64. A formal bid opening was held on February 24, 1989, for the tank and pump assembly to be mounted on the new truck. The results of the bid opening are as follows: Base Bid Option #1-Stainless Steel Tank Option #2-Skirting Option #3-Power Hose Reel Option #4-Diesel Auxiliary Engine Less Trade-In for Unit #231 Total Bid Total Bid Less Option #1* STEPP MFG. RUFFRIDGE- MACQUEEN COMPANY JOHNSON EQUIPMENT 527,500 $28,930 $34,870 $ 3,200 $ 7,700 $ 6,500 S 2,000 $ 3,620 $ 3,010 $ 1,300 $ 1,595 $ 1,785 $ 3,400 $ 2,235 $ 1,000 ($ 1,000) ------- ($ 8,350) ------- (515,000) ------- ------- $36,400 ------- $35,730 ------- $32,165 $33,200 $28,030 $25,665 *Staff has determined that the benefits of the stainless steel tank are not enough to justify the additional expense. Recommended Motion: Approve the bid minutes/tabulation and authorize the purchase of a new Flusher Unit, less Option #1, from MacQueen Equipment, Inc. for the amount of 525,665. Basis of Recommendation: 1. MacQueen Equipment, Inc. submitted the low bid and they are a responsible, reputable vendor. 2. Staff has contacted current owners of the equipment supplied by MacQueen Equipment, Inc. and all indicated a high degree of satisfaction with the equipment. 3. There is adequate funding to purchase the equipment. Alternative Recommendation: Council may choose to reject all bids and direct staff to re-bid this equipment. However, staff does not believe we can obtain a better price from a reputable manufacturer. ~' Discussion/Decision Mode: Staff is requesting approval at this time to facilitate timely delivery. of this equipment. Respectfully submitted, James Prosser City' anager JDP/ej a ~~~ ~~ CITY OF RICHFIELD, MINNESOTA Bid Opening February 24, 1989 11:00 A.M. New Flusher Unit at City Garage Bid No. 89-7 Pursuant to requirements of Resolution No. 1015, a meeting of the Administrative Staff was called by Thomas P. Ferber, City Clerk, who announced that the purpose of the meeting was to receive, open and read aloud, bids for a new flusher unit at the City Garage, bid no. 89-7, as advertised in the official newspaper on February 15, 1989. Present: Thomas Ferber, City Clerk Randy Hughes, Operations Coordinator Eileen Anderson, City Manager Representative The following bids were submitted and read aloud: VENDOR BID AMOUNT SECURITY McQueen Equipment, Inc. 5% Bond Base 34,870 St. Paul Option l 6,500 Option 2 3,010 Option 3 1,785 Option 4 1,000 Trade 15,000 Total Bid with O tions 32 165 Rufferidge/Johnson Inc. 5% Bond Base 28,930 Minneapolis Option 1 7,770 Option 2 3,620 Option 3 1,595 Option 4 2,235 Option 5 - Trade 8,350 Total Bid with O tions 35 800 Stepp Manufacturing Inc. 5% Bond Base 27,500 North Branch Option 1 3,200. Option 2 2,000 Option 3 1,300 Option 4 3,400 Option 5 - Trade 1,000 Total Bid with 0 tions 36 400 The City .Clerk announced that the bids would be tabulated and considered at the March 13, 1989 City Council Meeting. ' Thomas P. Ferber `City Clerk ~~~ CITY OF RICHFIELD, MINNESOTA Council Letter No. 59 Agenda March 13, 1989 Issue Statement: Purchase of a Foam Generator in excess of $5,000. Background• The approved 1989 sanitary sewer maintenance budget includes $22,000 for the purchase of a Foam Generator. This piece of equipment makes foam out of a vapam chemical which is then injected into the sanitary sewer system. The foam hangs on tree roots and is absorbed into the roots which then rot and fall away within six months to a year. This is an excellent way to prevent sewer stoppages from tree roots without killing the tree. A formal bid opening was held Friday, February 24, 1989 and the results are listed below: Davies Water Equipment Company $23,000 Airrigation Engineering Company, Inc. $23,962 Airrigation Engineering Company, Inc. did not submit a bid security nor did they submit their proposal as required by the specifications. Recommended Motion: Authorize the purchase of a Foam Generator from Davies Water Equipment Company in the amount of $23,000. Basis of Recommendation: 1. Davies Water Equipment Company submitted the low bid. 2. The budget will be revised to reflect the additional monies. Alternative Recommendation: Council could reject all bids and direct staff to re-bid; however, this piece of equipment is a specialty item which is not readily available through a great many vendors. Staff does not believe we could obtain a better price from a reputable manufacturer. Discussion/Decision Mode: This item is scheduled for the March 13, 1989 Council meeting. Staff is requesting approval at this time in order to facilitate timely delivery of the equipment. Resp f lly submitted, James Prosser City Manager JDP:ea ~~_~/ CITY OF RICHFIELD, MINNESOTA Bid Opening February 24, 1989 11:15 A.M. Foam Generator Bid No. 89-8 Pursuant to requirements of Resolution No. 1015, a meeting of the Administrative Staff was called by Thomas P. Ferber, City Clerk, who announced that the purpose of the meeting was to receive, open and read aloud, bids for seasonal community recreational brochure bid no. 89-8, as advertised in the official newspaper on February 15, 1989. Present: Thomas Ferber, City Clerk Randy Hughes, Operations Coordinator Eileen Anderson, City Manager Representative The following bids were submitted and read aloud: VENDOR BID TOTAL SECURITY Davis Water Equipment Co. Mpls 5$ Bond 23,000 Arrigation Engineering Co., Inc. Improper Bid, no form, no bond, "quote only" The City Clerk announced that the bids would be tabulated and considered at the March 13, 1989 City Council Meeting. Thomas P. Ferber City Clerk ~~~ CITY OF RICHFIELD, MINNESOTA Council Letter No. 58 Agenda: March 13, 1989 Issue Statement: Approval of Resolution appropriating $12,000 of Richfield's Municipal State Aid (MSA) money for engineering costs for S.A.P. 157-010-01, Reconstruction of Longfellow Avenue Frontage Road. Background: Although the project was completed about three years ago, a Minnesota Department of Transportation (MNDoT) review of the project documentation reveals that a resolution authorizing the MSA expenditure of almost $12,000 for engineering costs is needed. The total MSA expenditure of less than $34,000 is still less than the $150,000 MSA appropriation approved in the 1986 budget. The resolution does not alter the cost split between MNDoT and Richfield's MSA account. It only formally allows this expenditure off of Richfield's MSA street system, approved in the 1986 Capital Improvement Program. Recommended Motion: Adopt the resolution appropriating $12,000 of Richfield's MSA money for engineering costs for S.A.P. 157-010-01, Reconstruction of Longfellow Avenue Frontage Road. Basis of Recommendation: 1. These expenditures were approved in the 1986 Capital Improvement Program. 2. The resolution is required by the Minnesota Department of Transportation. Alternative Recommendation: None. Discussion/Decision Mode: This item is scheduled for the March 13, 1989 City Council meeting and staff is requesting approval at this time. Respectfully submitted, Ja D. Prosser Ci Manager JDP/ej a Attachment ~~ ~~ RESOLUTION NO. RESOLUTION APPROPRIATING ADDITIONAL MUNICIPAL STATE AID CONSTRUCTION FUNDS TO S.A.P. 157-010-01, RECONSTRUCTION OF LONGFELLOW AVENUE FRONTAGE ROAD WHEREAS, it was deemed advisable and necessary for the City of Richfield to participate in the cost of a construction project located on Longfellow Avenue between 66th Street and 69th Street by reconstruction, paving, curb and gutter and drive aprons, and to overlay with bituminous the Highway 77 east frontage road, 69th Street to 24th Avenue within the limits of said municipality, and WHEREAS, said construction project was approved by the Minnesota Department of Transportation and identified in its records as S.A.P. 157-010-01, and WHEREAS, the City of Richfield did appropriate from our Municipal State Aid Construction Funds the sum of Twenty-two Thousand Dollars ($22,000.00) to apply toward the construction of said project on May 9, 1988. WHEREAS, the Minnesota Department of Tranportation needs a resolution appropriating $12,000.00 of MSA money for Richfield's engineering costs. NOW THEREFORE, BE IT RESOLVED, that the City of Richfield does hereby appropriate from our Municipal State Aid Construction Funds the sum of Twelve Thousand Dollars ($12,000.00) to apply toward the construction and engineering of said project and request the Commissioner of Transportation to approve this authorization. Adopted by the City Council of the City of Richfield, Minnesota this 13th day of March, 1989. Steven J. Quam, Mayor ATTEST: Thomas P. Ferber, City Clerk -~/~ CITY OF RICHFIELD, MINNESOTA Council Letter No. 57 Agenda March 13, 1989 Issue Statement: Certificate of Achievement for Excellence in Financial Reporting awarded by the Government Finance Officers Association (GFOA). Background• The City was recently notified that its Comprehensive Annual Financial Report for the fiscal year ended December 31, 1987 qualifies for a Certificate of Achievement for Excellence in Financial Reporting. The Certificate of Achievement is the highest form of recognition in governmental accounting and financial reporting and its attainment represents a significant accomplishment by government and its management. The GFOA, which is responsible for presenting the certification, is a nonprofit professional association serving 9,500 government finance professionals. The association provides a variety of technical publications in various fields of government finance and represents the public finance community in Washington, D.C. The specific Comprehensive Annual Financial Report was judged by an impartial panel to meet the high standards of the program established by GFOA, including demonstrating a constructive spirit of full disclosure effort to clearly communicate its financial story and motivate potential persons and users to read the financial report. When a Certificate of Achievement is awarded to a government, an award of Financial Reporting Achievement is also given to the individual designated as primarily responsible for having earned the certificate. This award of Financial Reporting Achievement has been presented to Jean Mitchell, the Finance Manager. Additionally, Richfield earned the GFOA Certificate of Achievement (formerly a Certificate of Conformance) for its annual financial reporting for the years 1976, 1978, 1981, 1982, 1984, 1985, and 1986. Thus, for the City of Richfield and Finance Manager Jean Mitchell, this represents the sixth time since 1980 that the prestigious award has been attained. Recommended Motion: It is recommended that the City Council present the Certificate of Achievement for Financial Reporting to Jean Mitchell, Finance Manager, on behalf of the Government Finance Officers Association. Basis of Recommendation: 1. The City has been notified by the GFOA that the certificate has been attained and that presentation to Jean Mitchell would be appropriate. 2. The City Council wishes to take such opportunities to ~~ / recognize achievements of City staff, especially at a public forum, such as the Council meeting. Alternative Recommendation: 1. The City Council could accept the financial reporting achievement and simply make no mention of it at the City Council meeting. Discussion/Decision Mode: Action on this item is suggested for March 13, 1989. Respectf ly submitted, Jam D. Prosser Cit Manager JDP:eja ~j CITY OF RICHFIELD, MINNESOTA Council Letter No. 56 Agenda March 13, 1989 Issue Statement: Proclamation designating 1989 as Year of the Young Reader. Background• 1989 has been nationally designated as the "Year of the Young Reader". This program is aimed at encouraging youngsters to read. The Augsburg Park Community Library is planning many "Year of the Young Reader" activities throughout the year. One of those activities is for the City Council to proclaim "Year of the Young Reader." Vicki Oeljen, of the Augsburg Park Community Library will be present at the March 13, 1989 council meeting to accept this proclamation. Recommended Motion: Present the Year of the Young Reader proclamation to Vicki Oeljen. Basis for Recommendation: 1. The Augsburg Park Library has requested the support of the Mayor and Council Members for this program. Alternative Recommendation: 1. Present the proclamation at some other time. 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