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05-09-88 agenda CITY OF RICHFIELD, MINNESOTA Council Letter No. 129 Agenda May 9, 1988 Issue Statement: Approval of the 1988 labor contract with the International Association of Firefighters Local 1215. Background: City staff have completed negotiations on a labor agreement, with the International Association of Firefighters Local 1215 to cover the period of January 1, 1988 through December 31, 1988. The contract is subject to City Council approval. The International Association of Firefighters Local 1215 represents the positions of Fire Captain, Fire Lieutenant and Firefighter. There are presently twenty-five employees represented within the unit. The 1988 contract year is the second of a two-year agreement. The contract has a reopener for wages and insurance contributions for the year 1988. The changes which have been negotiated are as follows: 1. An adjustment of 4% over 1987 wage rates for all classifications. • 2. A $10.00 increase in the maximum monthly health insurance premium. This increases the payment from $163.50 per employee per month in 1987 to $173.50 per employee per month in 1988. 3. A $.50 per month increase in employee dental insurance, from $14.00 per employee per month in 1987 to $14.50 per employee per month in 1988. Recommended Motion: Approve the labor agreement with the International Association of Firefighters Local 1215. Basis of Recommendation: 1. The wage increase complies with the City's comparable worth implementation program. 2. The City's General Services and Management pay plans received a 4% increase. 3. Insurance increases maintain the current balance between all employee groups. Alternative Recommendation: 1. Do not approve the labor agreement, requiring further • negotiations and/or arbitration. Discussion/Decision Mode: • It is recommended that the City Council act on May 9,.1988 to adopt the attached resolution providing for contract changes, effective January 1, 1988. Respectfully submitted, Jamey D. Prosser Cit Manager JDP/eja 0 RESOLUTION NO. RESOLUTION APPROVING LABOR AGREEMENT BETWEEN THE CITY OF RICHFIELD AND THE INTERNATIONAL ASSOCIATION OF FIREFIGHTERS LOCAL 1215 BARGAINING UNIT FOR THE YEAR 1988 E WHEREAS, the City Manager and the International Association of Firefighters Local 1215 bargaining unit have reached a complete understanding concerning rates of pay, hours and other conditions of employment for the year 1988, and WHEREAS, the Personnel Ordinance requires that contracts between the City and the exclusive representative of the employees in an appropriate bargaining unit shall be implemented by council resolution. NOW, THEREFORE, BE IT RESOLVED that the City Council does hereby approve the labor agreement between the City of Richfield and the International Association of Firefighters Local 1215 bargaining unit for the year 1988 and order the provisions of the labor agreement to be implemented effective January 1, 1988. Passed by the City Council of the City of Richfield this 9th day of May, 1988. Steven J. Quam Mayor ATTEST: Thomas P. Ferber City Clerk 0 //- I `/T 0 CITY OF RICHFIELD, MINNESOTA Council Letter No.1,28 Agenda May 9, 1988 Issue Statement: Consideration of a amendment to the cable franchise ordinance for the purpose of transferring the franchise to a new Grantee (name change). Background: Rogers Cablesystems recently purchased the interest of all of the limited partners. As a result of this transaction, the Grantee in the franchise will change. Under the franchise ordinance, this transfer must be approved by each city, and the franchise ordinance amended to show the new entity as the Grantee. Attached is an amendment to the franchise ordinance relating to the transfer from the Rogers Cablesystems of Minnesota Limited Partnership to the Rogers Cablesystems of the Southwest, Inc. • The proposed Grantee has advised the City that there will not be any change in controlling interest and the proposed change is for the purpose of permitting the dissolution of the existing Grantee which is no longer necessary inasmuch as all limited partners therein no longer exist. The transfer is not connected with the recent advertised sale of the cable company. Recommended Motion: Approve first reading of an amendment to Section 1, paragraph J of the franchise ordinance amending the "Grantee" from Rogers Cablesystems of Minnesota Limited Partnership to Rogers Cablesystems of Minnesota, Inc., and schedule second reading and the public hearing for June 13, 1988. Basis for Recommendation: 1. Under the franchise ordinance, and state law, a transfer of Grantee necessitates an amendment to the franchise ordinance. Alternative Recommendation: 1. Do not approve first reading. 1,4-`j -/ . Discussion/Decision Mode: The amendment has been placed on the May 9 City Council agenda for first reading consideration. Respectfully submitted, James Prosser City anager JDP/eja r? U 0 ORDINANCE NO. AN ORDINANCE AMENDING ORDINANCE NO. TO CHANGE THE NAME OF GRANTEE. • THE CITY OF ORDAIN: , MINNESOTA DOES SECTION 1. That Article I, Section 2, Paragraph J of said Ordinance be amended to read as follows: J. "Grantee01 is I??-CaJ?}eay?t?tt-a€ I?Frtrre?ea-F?mt-eel Pazat rie?el?p,--a I?rrrsea-?mtet-?a?trieel?p,-1? Rogers Cablesystems of Minnesota, Inc., a Minnesota corporation_ ,--as the -Gerrera1- -Part=rrer- SECTION 2. This Ordinance will be effective in accordance with the provisions of Article XIV of said Ordinance, including delivery to the City of the acceptance, opinion of legal counsel, guarantees and other documents as required by said Article XIV, and provided further, however, that it shall become effective only if all of the cities of Eden Prairie, Edina, Hopkins, Minnetonka and Richfield adopt an ordinance similar to this ordinance within ninety (90) days after the adoption of this Ordinance. SECTION 3. Subject to the provisions of Section 2 hereof, this ordinance shall be in full force and effect upon adoption and publication. Passed and adopted this day of CITY OF By Its And Its . 1988. , MINNESOTA 0 SOUTHWEST SUBURBAN CABLE C/O Herbst & Thue, Ltd. 950 Northland Plaza 3800 West 80th Street • Bloomington, MN 55431 (612) 893-6711 April 28, 1988 City of Richfield City Hall 6700 Portland Avenue Richfield, Minnesota 55423 RE: Transfer of Cable Communications System Serving the Southwest Suburbs Our File No. 88-0141G COMMISSION Dear Mayor Courtney, City Manager and Members of the City Council: I have enclosed with this letter a number of documents review and consideration by your City Council. It will be • necessary for you to advertise a public hearing because the situation involves franchise ordinance amendment. It would appreciated if you would advertise the proposed franchise for be ordinance amendment at the earliest possible time so that all of the actions by the five (5) Member Cities of the Southwest could be concluded as soon as possible within the same time frame. Let me explain the need for a proposed amendment to the franchise, adoption of a resolution, and approval of other documents enclosed. The current Grantee of the cable system is Rogers Cablesystems of Minnesota Limited Partnership ("RCMLP"). This partnership has as a general partner Rogers Cablesystems of the Southwest, Inc. ("RCTSI"). This general partner RCTSI, is a wholly-owned subsidiary of Rogers U.S. Cablesystems, Inc. ("RUSCI"), which is a wholly-owned subsidiary of Rogers Cablesystems of America, Inc. ("RCA") both of which are collectively referred to as "Rogers Companies". The Rogers Companies have acquired all of the limited partnership interests in RCMLP. Because of this there is no need for RCMLP to operate the franchise. The Rogers Companies seek to dissolve the RCMLP limited partnership and transfer the franchise granted by your City to the general partner, RCTSI. The transfer will not cause any change in the controlling • interest or change in the operation of the franchise because RCTSI is the general partner of RCMLP. Cities of Eden Prairie, Edina, Hopkins, Minnetonka & Richfield April 28, 1988 Page 2 The transfer is not what you have been reading about in the newspapers and what I have recently corresponded with you on with regard".to the sale of the United States cable systems of Rogers Companies. That is a separate matter that will come to you later. This particular matter was recently reviewed by the Operating Committee of the Southwest Commission and it was requested by the company that the cities act on this so that the franchise documentation is in order and consistent with the changes that have occurred as a consequence of the sale of their partnership interest by the limited partners. The.Operating Committee determined that this transfer was in the form of.house cleaning and could not find any reason to believe that there would be any change in the operation of the system or impact on subscribers. For this reason, they authorized me to direct the appropriate documentation to you for action by the City Council. It is necessary for your'City Council to act on the matter because the franchise is granted separately by you. The documents that are enclosed include: • 1. -Resolution. A resolution giving final approval to.a transfer of the-City's cable television franchise.' The resolution outlines the background of the transfer and the findings of the City Council. Further, it consents to the transfer and authorizes the Acceptance Agreement and the Joint and Several Liability Agreement. 2. Ordinance Amendment. This ordinance amendment will amend the existing franchise to change the definition of Grantee to RCTSI which is and has been the general partner of the existing Grantee. 3. Acceptance Agreement and Joint and Several Liabilitv Agreement. Both of these documents are in accord with the agreements prepared in joint meetings with the City Attorneys for the five (5) Southwest cities several years ago in dealing with other franchise amendments. The process was agreed upon with respect to what'was required in the case of amendments to the franchise. The same documents had been used in the past and are updated to reflect the necessary changes because of the new designated Grantee under the franchise. 4. Sample Notice of Publication. Use this to advertise hearing. I have taken the liberty of forwarding a copy of all these documents and this correspondence to your City Attorneys so that April 28, 1988 Page 3 they will be apprised of the modification and can contact me with regard to any changes or corrections. Please let me know if you have any comments or questions or would like further assistance-from me. Likewise, if I receive any comments or suggestions from the City Attorneys before your public hearing, I will certainly let you know of that as well. Ve truly yours, Adrian E. Herbst AEH.* Yl Enclosures cc: City Attorney • • CITY OF RICHFIELD, MINNESOTA Council Letter No. 127 Agenda May 9, 1988 Issue Statement: First Reading of an ordinance Amendment Relating to Council Salaries Background: In June, 1987 Council Members adopted a policy to review Council salaries. The policy statement provides that in years a municipal election is to be held, the Council shall establish a revised pay schedule for Council Members and the Mayor. The policy also provides that any increase should be based upon the amount of increase granted to employees in the year subsequent to the salary adjustment. At the April 26, 1988 City Council meeting, the City Council requested that an ordinance amendment increasing Council salaries by 4% be prepared for consideration at the May 9, 1988 City Council meeting. The 4% increase would adjust the Mayor's salary to $7282 per year, and Council Member salaries to $5652. • Recommended Motion: Approve an amendment to Chapter XII Section 12.02 of the ordinance code increasing the salaries of Council Members from $5435 to $5652, and the salary of the Mayor from $7002 to $7282, and schedule second reading and the public hearing for the June 13, 1988 City Council meeting. Basis for Recommendation: 1. The City Charter stipulates that Council Member salaries must be reviewed each year. 2. The City Charter stipulates that Council Member salaries may be adjusted only by ordinance. Alternative Recommendation: 17 Continue discussion of this item to another Council meeting. 2. Not approve first reading of the ordinance, and no further action would be necessary. 0 • Discussion/Decision Mode: This item has been scheduled for first reading at the May 9, 1988 City Council meeting. If the ordinance is approved on second reading, salary increases would not be effective until 1989. Respectfully submitted, Jame V. Prosser City anager JDP/e j a 0 AMENDMENT TO CHAPTER XII SECTION 12.02 OF THE RICHFIELD ORDINANCE CODE RELATING TO COMPENSATION OF MAYOR AND COUNCIL MEMBERS CITY OF RICHFIELD DOES ORDAIN: Section 12.02 of the Ordinance Code of the City of Richfield relating to compensation of the Mayor and Council Members is hereby amended to provide as follows: Subdivision 1. Annual Salary. The annual salary of the Mayor is $:-90-2 [7282] and the annual salary for each member of the Council is $3.43-5 [$5652] to be effective after the next succeeding municipal election. Salaries of such officers shall be reviewed by December of each year. Passed by the City Council of the City of Richfield, Minnesota, this day of , 1988. Steven J. Quam Mayor ATTEST: • Thomas Ferber City Clerk -I; K // CITY OF RICHFIELD, MINNESOTA Council Letter No. 126 Agenda May 9, 1988 Issue Statement: First reading of an ordinance amending the City Code regulating transient merchants, peddlers and solicitors. Background: At the February 1, 1988 Study Session, Council directed staff to review the Transient Merchant Ordinance and provide more stringent requirements. Since the Study Session, staff has been contacted again by the Chamber of Commerce, who have expressed their concerns regarding transient merchants. The proposed ordinance accomplishes a number of things: - Consolidates transient merchants, peddlers, solicitors and door to door canvassers into one ordinance which will assist in administering the licensing process. - Defines where transient merchants may operate by zoning districts (C-1, C-2), as well as prohibiting them on street corners (must not be within 150 feet of an intersection). - Regulates the size of the signs and requires them to • obtain a temporary sign permit as defined in our sign ordinance. - Provides for sufficient information in the application that will allow Public Safety to conduct a sufficient background investigation on applicants. - Require that Licensee carry and display license at all times while conducting business. - Makes transient merchants comply with off-street parking restrictions. - Limits the number of days that transient merchants may conduct business. - Limits the hours a transient merchant, peddler or solicitor may conduct business. Exempts certain organizations from the ordinance. a. Charitable/religious b. Political/educational c. Newspapers //- d. Products of the farm, grown by the person selling them pursuant to Minnesota Statutes. However, these persons would have to comply with all regulation requirements other than obtaining a license. e. Provides for the Director of Public Safety or his designee to revoke a license if the licensee is in noncompliance. The Licensee would then have the ability to appeal the revocation to the Council. Recommended Motion: Approve first reading of an amendment to the City Ordinance section regulating transient merchants, peddlers and solicitors, and schedule a second reading and public hearing for June 13, 1988. Basis of Recommendation: 1. The ordinance provides sufficient administrative and enforcement tools which ensures tighter controls on these types of businesses. 2. The ordinance provides for revocation procedures for noncompliance. 3. The ordinance consolidates several ordinances into one, reducing confusion. :je Alternate Recommendations: 1. The Council could elect to continue with the current ordinances regulating these activities. This would essentially mean business as usual. 2. The Council could direct staff to: a. Prepare an ordinance that would ban transient merchants. b. Restrict them to within structures only. c. Should the Council elect any or all of these recommendations, charitable, religious and educational organizations need to be addressed. Decision Mode: If the Council approves the first reading of this ordinance, the public hearing and second reading would be scheduled for the Council Meeting of June 13, 1988. Respectfully submitted, . Jame D. Prosser City Manager JDP/sae //- -Z r? AMENDMENT TO CHAPTER XI OF THE ORDINANCE CODE OF THE CITY OF RICHFIELD CITY OF RICHFIELD DOES ORDAIN: Chapter XI of the Ordinance Code of the City'of Richfield is hereby amended in the following respects: I. By repealing in its entirety Section 1180 entitled "Transient Merchants, Peddlers and Wagon Peddlers." II. By adding thereto the following Section 1181 to read as follows: SECTION 1181 - Transient Merchants, Peddlers, Wagon Peddlers, Hawkers, • 1181.01. Definitions. For the purpose of this section, the terms defined in this subsection shall have the meanings given them. Subdivision 1. "Transient Merchant" means any individual or entity which engages in temporary or transient business in the city, from a fixed location or locations but without the intention of being located there for a period longer than six months, and which hires, leases, occupies or uses any building, structure or land to conduct such business. The term includes not only the entity or individual on whose behalf the transient business is being conducted but also all individuals actually engaged in conducting the transient business within the city. Subd. 2. "Transient Business" means a business enterprise conducted by a transient merchant involving the selling of goods, wares or merchandise. Subd. 3. "Peddler" or "Hawker" means a person who goes from house-to- house, from store-to-store, or from place-to-place conveying or transporting goods, wares or merchandise, offering and exposing the same for sale. Subd. 4. "Wagon Peddler" means a person selling ice cream, popcorn, candy, soft drinks or other similar food items from a pushcart, wagon, self- propelled vehicle, trailer or similar vehicle directly to the consumers. Subd. 5. "Solicitor" or "Canvasser" means a person who goes from place- to-place or from street-to-street soliciting or taking or attempting to take orders for the sale of goods, wares, merchandise or personal services of any nature whatsoever for future delivery or future performance whether or not such person carries or exposes for sale a sample of the subject of any such order or whether or not the person is collecting advance payments for su ch orders. Subd. 6. "Itinerant Activity" means any activity described in • subdivision 1 through 5 of this subsection. 1181.03. License. Subdivision 1. License Required. No transient merchant, wagon peddler, peddler, canvasser or solicitor shall sell or offer for sale any goods, wares or merchandise without having first obtained the appropriate class of Itinerant Activity license for such activity from the city manager. Subd. 2. Classes of License. The following are the classes of Itinerant Activity licenses: (a) Class I - transient merchant (b) Class II - wagon peddler (c) Class III - peddler or hawker (d) Class IV - canvasser or solicitor Subd. 3. Exception to License Requirement. No Itinerant Activity license shall be required for the following: • (a) sales made to dealers by commercial travelers or selling agents in the usual course of business; 2 Sri (b) sales made by sheriffs, constables or other public officials selling • goods, wares or merchandise according to law; (c) sales made by bona fide assignees or receivers appointed in this state to make such sales for the benefit of creditors; (d) sales of products of the farm or garden occupied and cultivated by the person making such sales, except as required pursuant to subsection 615:19; (e) sales or offers for sale by peddlers or solicitors who appear at the customer's home or place of business by an appointment which was made prior to such appearance. Subd. 4. Proof of State License. In addition to the required license, persons desiring to obtain an Itinerant Activity license shall, at the time of application file proof of the state license required by Minnesota Statutes, Sections 329.099 to 329.17. Subd. 5. Application. Application for an Itinerant Activity license shall be made on forms supplied by the city clerk. Separate applications must be made for the individual or entity on whose behalf the business is being conducted and for each individual who will actually conduct the activity for which a license is required. The application must contain: (a) The applicant's name, age, address or residence. If the applicant is a partnership, the names of all partners must be verified by one such partner. If the applicant is a corporation, the names of all officers must be verified by one such officer. (b) The applicant's (i) business and residence addresses for a period of five years prior to the application date, (ii) a statement as to • whether the applicant is the sole owner of the business, and (iii) a statement to the effect that no persons other than those named in 3 the application have any interest in the management and control of the business. (c) The class of Itinerant Activity license which is being requested and a brief description of the activity. (d) For applications for Class I licenses, the location where the . . activity is to be conducted. (e) The length of time (including the beginning and ending dates) for which the license is desired. (f) A photograph of the applicant taken within sixty days of the date of application. The photograph shall be two inches by two inches, showing the head and shoulders of the applicant in a clear and distinguishable manner. (g) Information relating to any criminal conviction of applicant. • Subd. 6. Fee. The license fee for the various classes of Itinerant Activity licenses is fixed in Appendix D. The fee shall be paid in full at the time the application is presented. Subd. 7. Duration of License. Upon approval of any license application, the city manager shall specify the period for which the license is valid. The period may not exceed the period remaining in the calendar year in which the license is issued. Subd. 8. Issuance of License. If the city manager is satisfied that the application and all other required submittals are complete, that the applicant is of good character and standing, and that the activity as described in the application meets the requirements of this Section, the city manager shall issue to applicant an Itinerant Activity license for the designated class • described in the application. If the city manager disapproves the issuance of 4 the license, the applicant shall be notified in writing of such disapproval and the reasons for the decision. The notification shall also inform the applicant of its 'right to appeal the disapproval to the city council. The I notification shall include a refund of the license fee. Subd. 9. Exhibition of License. Upon approval, the city shall issue a license certificate to the licensee. The license certificate shall contain the applicant's photograph and such other information as will appropriately describe all the'conditions upon which the license is valid. The license shall have the license in his physical possession at all times during which the licensed activity is being conducted, and shall present the same for inspection immediately upon request of a peace officer or other city official. 1181.05. Regulation. All Itinerant Activities shall conform to the following regulations whether or not an Itinerant Activity license is required. 0 Subdivision 1. Transient Business. (a) The site of the transient business shall abut and have access to an arterial roadway; (b) no outside storage of vehicles or merchandise is permitted unless specifically authorized by the city manager; (c) the business shall not cause undue traffic congestion on surrounding streets; (d) off-street parking must be adequate for both the transient business and other uses conducted on the parcel; (e) the business may not generate noise, light, dust or odors which reasonably would tend to disturb or annoy occupants of adjacent residential properties; • I 5 (f) the transient business license shall keep the parcel free of trash, • litter and debris; (g) if the transient business is conducted on a parcel which abuts a residential use, it may be conducted only between the hours of 7:00 a.m. and 7:00 p.m.; (h) no transient business may be conducted by a person who has previously had-an Itinerant Activity license revoked; (i) no more than one transient business may operate from a single parcel at one time; (J) all tents, canopies, awnings or similar items and all water, electrical and lighting facilities shall be in compliance with applicable codes and regulations; (k) transient businesses may be conducted only in C-2 districts of the city; • (1) no part of any transient business may be located upon a public right-of-way or within 100 feet of a street intersection; (m) no transient business activity may be conducted in the city for more than eight days during any 60-day period; and on no more than three consecutive days; (n) signs used to advertise the transient business may not have a total aggregate sign face of more than six square feet; and (o) the transient merchant shall have in possession written evidence of consent of the owner of the parcel to conduct the transient business thereon. Subd. 2. Other Classes. (a) The activity shall be. conducted in such a manner as not to 0 reasonably annoy or disturb residents of the community; I 6 (b) the activity may be conducted only between the hours of 9:00 a.m. and 7:00 p.m.; and (c) the activity shall not be conducted on any premises which have been conspicuously posted by the owner for no peddling or soliciting. 1181.07. Relationship to Other Licenses or Permits. Whenever the particular nature of the Itinerant Activity requires the issuance of other licenses or permits, whether from the city or other licensing authorities, it shall be unlawful for any person to commence such Itinerant Activity without having obtained such other permits or licenses. 1181.09. Suspension or Revocation. Subdivision 1. Action by City Manager. If the city manager determines that the licensee has violated any of the • provisions of this section, the city manager shall proceed as follows: (a) If the licensee has been convicted in a court of competent jurisdiction for a violation of the provisions of this section which relate to the current term of such license or permit or if the consent described in subsection 1181.05, subd. 1(0) has been withdrawn, the city manager shall forthwith suspend such license for a period of time not to exceed the date of the next regularly scheduled city council meeting which is at least 14 days from the first day of such suspension. Notice of such suspension shall be mailed to the licensee at the address shown in the application. (b) If the licensee has been charged with, but has not been convicted of a violation of the provisions of this section which relate to the current term of such license, the city manager shall notify the licensee in writing at the address contained in the application of the determination and in such notification. shall also notify the licensee that unless a cash deposit (Deposit) is made to the city within 7 days of such notification, the license will be automatically suspended for the term described in subsection 1181.09, subd. 1(a). The Deposit shall be $500 for each charged violation, and shall serve to ensure the faithful performance by licensee of the provisions of this section between the date of notification and the date on which the city council meets to consider the matter. 7 (c) If no charge has been brought against the licensee, the city manager • shall notify such licensee or permittee that the city council will consider suspension or revocation of the license at its next regularly scheduled council meeting at least 14 days of the date on which such notice is mailed. I Subd. 2. Hearing. At the hearing the licensee or their representative shall have an opportunity to rebut any of the information contained in the city manager's notice; and to offer evidence in mitigation thereof. Subd. 3. Determination. Following the hearing, the council shall determine whether the evidence establishes a violation of the provisions of this section or a withdrawal of consent, and whether the license should be suspended or revoked. The council may, in lieu of continued suspension or revocation determine to place further and additional conditions upon the license if the council concludes that such additional conditions will assist in the orderly conduct of the activity. The council may also forfeit to the city or continue to hold all or part of any Deposit if the council believes that such will reasonably assure future compliance with the provisions of this section. Passed by the City Council of the City of Richfield this day of , 1988. Steven J. Quam, Mayor ATTEST: Thomas Ferber, City Clerk 0055DO11.E14 8 CITY OF RICHFIELD, MINNESOTA Council Letter No. 125 Agenda May 9, 1988 Issue Statement: Public hearing on a request for amendment to the existing conditional use permit at 6601 Penn Avenue South. Background: Amoco Oil Company has requested a conditional use permit to allow the construction of an addition and an automatic car wash facility to the existing structure. The applicant proposes to remove the existing fuel pumps and canopy on the east side of the site to accommodate the following new construction: -10' 2" x 44' 2" addition to the existing gasoline service station/convenience store structure. -15' 10" x 44' 2" attached automatic car wash facility to the addition. The site is located in the C-2 general commercial zoning district. A service station/convenience store with an automatic car wash facility is a permitted use in the C-2 general commercial district with a conditional use permit. The existing gasoline service station/convenience store has a conditional use permit. The proposed structural and use change necessitates the request for an amendment to the conditional use permit. Recommended Motion: Approve the conditional use permit with the following stipulations: 1. That the car wash facility incorporate a drying system that meets the city's noise ordinance and that is approved by staff in order to prevent accumulation of ice on the 66th Street right-of-way during the winter. 2. That the fence along the eastern property line be replaced with a new fence. The design of the fence. should be submitted for staff approval. 3. That a drainage plan be submitted for staff review and approval. 4. That applicant submit written documentation of the exact location of all underground fuel tanks to ensure that the tanks are not under the proposed car wash facility. 5. That the proposed parking space on the southeast corner adjacent to the trash container be eliminated to • properly allow for circulation. 6. That the car wash operate only between the hours of 8 A.M. and 10 P.M. 7. That the minimum width of all three curb cuts be 26 feet 8. That the site conform to all city codes. 9. That all the stipulations, except stipulation number 1, be met prior to the issuance of the occupancy permit. (See note 2 below) Basis of Recommendation: 1. The Planning Commission voted 5-2 to recommend approval of the conditional use permit with the stipulations mentioned above. 2. The car wash facility proposed includes no drying system. Applicant stated that the only mechanical system available to Amoco would not meet the noise standards of the city. In response to the city's concerns regarding water transported on the wet vehicles causing icing on 66th Street in cold weather, applicant stated that the road could be salted or the cars held • for an extended time to allow air drying. Although the Planning Commission recommended that stipulation one need not be met prior to the issuance of an occupancy permit, it is staff's opinion that evidence be submitted that stipulation one will be met before an occupancy permit is issued. 3. A total of ten parking spaces would be required according to the city's parking guidelines. The total number of parking spaces available is seven, this excludes the parking spaces near the trash container and the ability to also park at the pumps may be sufficient for the use. 4. The applicant has provided for sufficient landscaping long Penn Avenue and also along 66th Street in the proposal. 5. The city's Comprehensive Development Plan designates the area to be developed as mixed land use development. The gasoline service station/convenience store with car wash is a permitted use. Alternative Recommendation: The City Council may deny the conditional use permit on the basis that the proposal would have an adverse impact on the surrounding neighborhood and does not meet the parking requirements. The applicant, at the Planning Commission meeting on April 26, 1988, indicated that the proposed car wash facility with a mechanical drying system would not meet the city's noise ordinance thus creating a noise level that is incompatible with the abutting residential uses. Please see addendum for further discussion. Decision Mode: A public hearing has been scheduled before the City Council at 7:00 PM, on Monday, May 9, 1988. Proper notices have been mailed and published regarding this hearing. Respectfully submitted, James . Prosser City nager JDP/sae • 0 Zoning Ordinance Requirements: 1. Section 520.19, outlines the standards regulating gasoline service stations and public garages. 2. Section 520.13, indicates the area and yard requirements in the C-2 general commercial district. 3. Section 930.05, indicates that the allowable noise level in the C-2 district shall be 65 dba. 4. Section 540.09, outlines the conditions governing the issuance of a conditional use permit. • n U Addendum On August 25, 1987 the Planning Commission recommended approval of a conditional use permit for a detached car wash facility addition to the existing gasoline service station/store. On September 14, 1987 the City Council denied the request for the conditional use permit for the above mentioned proposal. One of the major concerns that entered into the Council's decision was the level of noise generated by the car wash facility and its impact on the abutting residential uses. On October 26, 1987, the applicant requested reconsideration of the City Council's denial. The applicant's letter is attached for your information. Subsequent to City Council action on February 22, 1988 denying the request for reconsideration, the applicant submitted a new application with some changes in the site plan. The new proposal responds to the concerns the City Council raised previously. Discussion: 1. The existing site has an area of 15,790 square feet and total building area of 847 square feet. The proposed 1,148 square foot addition would create a total building area of 1,995 square feet, which conforms within the City's setback requirements. • 2. A total of ten parking spaces would be required according to the city parking guidelines. The gasoline service station/convenience store with the convenience store addition and car wash facility would require 7 parking spaces at the rate of 1 parking space for every 200 square feet of retail commercial area and 3 parking spaces for a one-bay car wash facility. The site plan indicates 6 angular and 2 parallel parking spaces on the site. However, with the elimination of the parking space adjacent to the trash enclosure, the proposed plan would provide 7 parking spaces. It is staff's opinion that the total number of available parking spaces would be sufficient for the use particularly with the ability to also park at the pumps. The parking layout and width of the driving aisle is adequate for one way traffic flow as shown. 3. The abutting property to the east of the site is zoned for commercial use, however, the existing use is a single family dwelling, which is a nonconforming use. 4. Regarding the level of noise which would be generated by the car wash facility and its impact on the abutting residential uses, the applicant submitted evidence indicating that the noise generated by the car wash facility, as designed without a mechanical dryer, would meet the city noise ordinance. • Noise Impact Analysis Decibels City C-2 District Requirements 65 maximum allowable OHSA Requirements 98 maximum allowable Applicants Sound Level Reading 51-60 projected All supporting documents are attached for your information. However, the Planning Commission at the meeting of April 26, 1988, upon reviewing the design of the proposed car wash facility was concerned about the potential icing problems which may be created due to the lack of a drying system incorporated into the facility. The applicant indicated that the level of noise which would be generated from the car wash facility would be 75 decibels with a mechanical drying system incorporated. This is the decibel reading at the closest point of the facility to the residential use. This decibel level however, would exceed the maximum allowable noise level of 65 decibels for a C-2 district, and would require a variance to meet the city's ordinance. Regarding the existing Amoco facility at 6601 Penn Avenue South, several formal and informal complaints have been received and are attached. A major complaint expressed at the hearings has been directed at the speaker system installed at the pumps for communication between the attendant and the person at the pump. The general noise level standards would be applicable to these speakers. 0 nSOLUTION P0.......N? RESOLUTION DENYING A CONDITIONAL 099 PERMIT FOR AN AUTOMATIC CAR BASH FACILITY AT 6601 PENN AVENUE BE IT RESOLVED by the City Council of the City of Richfield, Minnesota as follows: Section 1. Recitple. 1.011. Amoco Oil Company (Amoco) has requested a condi- tional use permit (CUP) to permit construction of a detached 16.8 foot by 44.3 foot automatic car wash facility at the existing Amoco service station store at 6601 Penn Avenue South. 1.02. The proposed car wash would replace the existing pump islands .and canopy located on the east side of the service station store. The structure would be located five feet from the main store and 1918" from the east property line of the site.-. The car wash would operate 24 hours per day. 1.03. The subject site is located in a C-2 general commer- cial zoning district. A service station store with an automatic *r wash is permitted in a C-2 general commercial zoning district ;ith a CUP. The existing service station store has a CUP and the expansion of the existing use to include an automatic car wash necessitates a new CUP. 1.04. The land use surrounding the subject site is cdmmer- cial to the west, south and north and single family residential to the east. 1.05. The City has received at least one complaint from- persons residing near the subject property regarding excessive noise from the current use of the site. Section 2. Zoning ordinance and comprehensive plan require- ments. 2.01. section 515.09, subd. 5 of the Richfield City Code prohibits the granting of a CUP unless the City Council finds that "the establishment, maintenance or operation of the use for which the conditional use permit is sought will not under the circumstances of the particular case be detrimental, (i) to the health, safety, morals, comfort, convenience or welfare of the persons residing or working in the neighborhood of the use, or (ii) to the public welfare or injurious to property or improve- ments in the neighborhood." 0 2.02. Section 545.09, subd. 6 of the Richfield city code prohibits the granting of a CUP unless the City Council finds that "the establishment, maintenance or operation of the use for which the conditional use permit is sought is in compliance with the . . comprehensive municipal plan . . . " 2.03. The City's comprehensive plan contains a policy statement committing the City "(T)to regulate commercial estab- lishments so as to achieve a high standard of maintenance and repair. The quality of a building and landscape design, the proper storage of trash and the maintenance of the yard, the control of noise, light and odors and many other factors will be considered important to the acceptance of proposed commercial developments." Section 3. Findings. 3 01. There is no reasonable evidence upon which to base a conclusion that the Amoco car wash will operate in compliance with the standards of the City's noise ordinance. Statements made at the public hearing on behalf of Amoco that it would attempt :to comply with the noise ordinance "within its budget and that it would "work with staff" to demonstrate compliance are insufficient assurances that the car wash will meet ordinance: requirements. 3.02. Because the car wash will operate 24 hours per day wit}in 20 feet of property used for single family residential pu:;oRes, the car wash will not meet the requirements of Section 545.09, subd. 5 of the Richfield City Code. Section 4. CUP denied. 4.01. Based upon the above, the request by AMOCO for a CUP for an automatic car wash at the service station store at 6601 Penn Avenue is hereby denied. Passed by the City Council of the City of Richfield, Minne sots this 28th day of September, 1987. John Eami ton, Mayor ATTEST: Thomas P, Ferberp City Clerk 0055re01.n40 • 2 i Q O 00 J • W .Q Z a r co CD I ? r~il Gr N ? „I ? _ d N Z e < < < ?? n ? o - - 16 NSZ U._. Y NSIONd1 U. o F .Z 5 FT o. zz r ?I u U= I. iz ??I 1I W o r ?t Ir I N N •N - N N N N yMl i.l.. Z YIOZ Itrr JL < e < < <? < W 4161 L?x--??? O w w w r r?. w ?. 1°.? _ 1 \ 2T?O _ _ _ _ _ _ ' 10,0113,101,001 '3Ar tld037 -_ ---- 3Ar Yr037 visas I?O OOOL_?t\?LJ V/ t-? _ YI YI Y111 OOOOOOji/\/???_! J-'O 1i 1 -1611 9191 1410100011,00(no O??f'?O?O`-? •---??0'- -?O?-emu 001 1100 1---1?- X000 t 1 N010MINOQIB Y1 LI OOCOlOO???, , ?? Y1 L1 1,1191 1412I ;??000OOOOOt0000001?' i1 -Yf 11 r'Oi0oi0i0i0iO?OliO^?? ?!OO ? 7 YVitt 111 ' OOOOi 100000 ' 1C„l3 ?? OOOO? i00 000 ; Y/pj 101113 00t71N7 I l_J L_J '?rl 00t71N7 snrwmo7 .l 000 0! _;O?OOr JO ?OQOr-^?r-??OO? ';? snennlo7 )irrd xtlta ONr1xr0 n1r) ONr1xr0 3nr owrllaod .. OOC?DO!-.•_,O??10 ' '3nr oNruYOa 'Y1L I" OO HH Nis ED r=4== wolwn7 f. ;-?;----?t ??y B000i_J O?-BOO ? ? u• P't ??OOBO _ Put .. fN3Ai1s ?OOOO DC_--??___;?`,I Y tM3A31S 1.1 -' 0000 O? B= 0?? 11q '7Ar 1311071N Q??.^?__? 311071N (I _ T30f1r1f 111 1 D Q OO? r?^-'?1 3 w1Y0M1N3M rllr?O QQ• ??^1`-' Awnesi-dd tNrf 3 _ ONywo ttlO 111 ? 1. ? 131mvvm 1? ¦00 O BCO L v> 'iAr Oti1 i1tONAI NA1 I?1 a ??D//??JJ?` IL?r I '- 1 ? 1wrArs I?xl ? ., (D 1Nodn0 i pp W :'•: :•: :•:•.. it :....:.... NOLY3113 : ?;? r1 0 :'r: i::•'r ;•; :': AV NN3d- f 0000 :::::: 10 Mum"" X0001 _ t:. XONN ?? DOO O :....• . :.: •. Nr0o1':zi"•••• ' wtsYON fir 1: ::•: J:•}:;::;:' . 0101M3N x_-.000 '•::::.t?: :•::,..::1 may, Nr OYOw NO1M3N F _?T( rte. Yi YiA110 3Ar 113d a•r - 1--?- -.. L- J -1`_? ???????_,?,1J .iAt NN3d N3300 °.r t 1 11???J _B^ 113SSntl ? -- N3300 NVO1103NS L __1?"??BC? `-•?- II 1135Snb ?c? NVOWNS Sr110141 t ?l??U? -'r Il ^??? frwowt AN37NIA NOldn Ntlll N it ??? ?? ? - 1-.__ n ?? 1N37NIA NYnfNSVIA Ar S3xY3x 3At S3xa3x = N N N N N N N N N N N N N N N N N pp N Y) 41 b Yl Yr b b V O O A n n r r ?. IN. A. N O Q u SITE PLAN ?Jo f (NEST 66TH STREET s-mm.n m M, r m o ?oamNC .luaus s-c?asr. qua ..? aalar?R ? ? • oasnNC OoNCfE1E 101 l t r-a.?,..ws oQST. CANOPY ::: • ::: : IL- I IDI ivul ?. CANOPY AM 1{ 3-MST. ,uarals MOVED 4- 3-0IOAOMO°?OODi UM I I ~s II q x $ t•-cm avapflee .-cm. .m I :.....::.::.: ? iJ?aPE3t I R . a 1 Ir?77T1? \ \ \ .\ i11 ?I I :s r FA 124.50 o?O101i a ??? NEW r-4' s r-e' TRA94 OICLONK ws QAi I h J I , ri. 6601 PENN AVE. N m r r D rn N 65TH ST. W. ---------- -------- -------- - ----- ---------- --- --- ------- - ----------- W a N W Q Z Z W CL. 1 /o -//d" N LU Q L.LJ 0 66TH ST. W. -ZE: :208-2f Z = _= INDUSTRIAL ° ------ ® COMMERCIAL MR 67TH ST. W. MR-1 + E3'MR-2 65 i /2 ST, Ica L c LL s 64TH ST. W. •.......•.. •• . . ...........•... .............. ................. ..........:...... .............. .............. .............. ................ ................ 21 .. ......... ... .......... m . .............. ... r . .............. ............... ............... . .............. .............. . .............. ................ .............. ............... ............... 65TH ST. W. i5 1/2 $T. 1M. I brA C-, _== Land Use Map 6601 PENN AVE. I 1 N F7-) z w V; w ¢ z z U.1 CL_ N w w 'J O 66TH ST. W. U.j COMMERCIAL SCHOOL 67TH St. W. ? APARTMENT EIDUPLEX r -? LL. a C r 3 LL Z 64TH S1. W. CO' ?REHENSIVE DEVELOPME' 7 PLAN .6601 PENN AVE. ST. W. 65 1 12 ST. 1 MIXED LAND USE ffl",0210i, INSTITUTIONAL MEDIUM DENSITY/BUFFER 67TH ST. ............. .............. ............. .............. .............. ............. .............. .............. .............. .............. .............. .............. .............. .............. .............. ............. .............. ............ . .............. ........ .•.•..•. :......:. .... W. ....:: .:.•:.. .•.•..:: i ArTU CT G' LJ Q w 0 W. G L i c 3 u p o..o.o.....o ..o.o.. o loo o moo o o ?o- o-o ?o N rn r r n m to 65TH /D-/,$ • N S E C W- NORTH STAR ENGINEERING CONSULTANTS, INC. 3025 HARBOR LN. N. • SUITE 104 • PLYMOUTH, MN 55441 TELEPHONE (612) 559-3642 April 1, 1988 Mr. Towhid nazi City of Richfield 6700 Portland Avenue Richfield, MN 55423 Dear Mr. Kazi: Amoco Oil Company presently owns and operates a motor fuel station and convenience store at 6601 Penn Avenue South in Richfield. • Amoco'is proposing to remove the existing fuel pumps and canopy on the east side of the site and to construct a 10'-2" by 44'-2" addition to the convenience store and a 15'-10" by 44'-2" carwash to the addition. Amoco Oil is therefore requesting a Special Use permit for this project as called for in Section 3.33, Subdivision 3 of the City of Richfield Zoning Ordinance. The exterior finish of the new construction will be consistent with the existing building. 'The gross square footage of the resulting -building will be 1,995 feet. There will be eight parking spaces in addition to the eight parking spaces available at the pump islands. In conjunction with this project, a masonry trash enclosure will be constructed at the site. The existing fence along the east property.line will be repaired or replaced and additional landscaping will be installed. The easement along the easterly property line is going to be vacated. If you should have a question regarding this request, please don't hesitate to contact me. Sincerely, 0 NORTH S AR ENGINEERING CONSULTANTS, INC. Ma A. Winson, PE P oject Manager N s E C NORTH STAR ENGINEERING CONSULTANTS, INC. 3025 HARBOR LN. N. • SUITE 104 • PLYMOUTH, MN 55441 TELEPHONE (612) 559-3642 April 13, 1988 Mr. Towhid Kazi City of Richfield 6700 Portland Avenue Richfield, MN 55423 RE: Amoco - 6601 Penn Avenue South Dear Mr. Kazi • The easement on the east side of the referenced property was quit claimed to Amoco Oil on March 7, 1988, Document #5383737, Hennepin County. Enclosed is a copy of a letter from Nationwide Wash Systems, Inc. regarding the sound level of the car wash proposed to-be installed on this site. This letter indicates that a distance of 10' from this equipment the sound level is 58 decibels, which is within the 60 decibel level allowed at the property line.. Also enclosed are two full size prints and a reduced print of a revised plan showing the trash enclosure moved to.the southeast corner of the site. If you have any questions, please contact me. Sincerely, - NORT STAR ENGINEERING CONSULTANTS, INC. Ma k A. Winson, PE P oject Manager • NATIONVIDE W9 ASH SYST EIASt INC* 7174 Shady Oak Rd. •. Eden Prairie, MN 55344 (612) 829-0515 April 12., 1988 Mr. Allen Czanstkowski Project Engineer AMOCO OIL CO. 5001 W. 80th St. #890 Minneapolis, MN. 55437 Dear Allen: Please recall your recent request for the sound levels associated with a RYKO Ultra Clean automatic car washer. Said machine is the type you have been using in your AMOCO A.C.A. locations. After checking with the RYKO engineering department, I am able to give you the following information: Using an approved sound level meter at a distance of six feet from the machine and four feet from the floor, the sound level during operation of the RYKO Ultra Clean washer averages 65 db with a background level of 51 db. The ambient decibal decrease will.be an addi- tional 7 db at a range of 10' from the machine. This sound level is well within the OSHA maximum safe sound level limits of 98 db over eight hours exposure time. During its operation, the Ultra Clean is quiet enough to allow normal conversation by people standing next to the machine. Glad to be of service to you and your company. Please feel free to call me if you have additional questions. Respectfully, Terry Ad s ;. NATIONW E WASH SYSTEMS, INC. TPA/sa RIlCKMASWR O • The Finest Vehicle Wash Systems i cC/ .moo ?'? ? i ??LL-•?-Q-? ???-/ /O -Z7 I vtj? - /F April 28, 1988 Zb: City Council From: Randy B. Rasmussen, 6608 Oliver Ave. S. Re: Proposed Car Wash at 66th St. - Penn Ave. AMOCO After leaving the meeting of the planning Commission on 26 April, I am not satisfied with all the stipulations as they are. First of all, if the wash is built, we have a responsibility to assure that water and ice build up on the sidewalk and street is not going to be a hazard to the community. I oppose the Dryer System because of the excessive noise level (75 decibels). However, I understand that there is another solution:. A heated concrete pad extending to the street. This would be a preventive measure with no noise, increase, rather than having a "Reactive" system of clearing the ice away after a hazard is already present. Another point is the hours of operation. There is another AMOCO station with a car wash located at 60th and Penn (also a county road) which must close completely at 11:00PM. Super America at 66th and Washburn (also a county road) must close at 11:00PM. Hansen's Auto Spa at 6420 Penn Ave. closes each night at 6:00PM. My understanding from the meeting was that the city could not set . hours for this station because it was located on a-county road. As stated above mandatory closing was set at 11:00PM for the stores mentioned. I have heard of numerous other stores in similar ccnutunities which also close at 11:00 PM, because the city has mandated it. Another point to consider is that the free car. wash clips that this station gives out may be used at any other AMOCO station including the one located only six blocks away. Does Richfield need another car wash? I don't think so. Also, the fence between the residents and the station should be eight feet high on the Residents side not on AMOOD'S side. The residential lots are about two feet higher than the AMOCO site. At least when this AMOCD was privately owned, they turned off the lights and pumps on the,east side .at 11:00PM as a good gesture to us. When AMOCO bought the station they were informed of this request and have just ignored it. Finally, I realize that I cannot do anything about the problems caused by the station such as existing noise, gasoline odors, all night operation and lighting without the help of the city. Therefore, I am asking that the City Council look at this issue closely before any approval. Thank you for your consideration in this matter. cc: Richfield City Mayor cc: Planning Commission cc:' Neighbors at 66, 6606, 6612 Oliver . Since I Randy B. sen • 6608 Oliver Ave. S. . Richfield, MN 55423 863-1500 (work) 861-6651 (hoarse) January 10, 1983 • r L U 0 Amoco Station MR 6601 Penn Ave. S. Richfield, Mn. 55423 u N L 0 yO T O N C E ¦ C cc V C cc O C. O O It has come to our attention that your property may not conform with Richfield ordinances relating to property maintenance. The specific concerns are as follows: 1) Paging system at station is causing a disturbance for neighbors between the hours of 10:00 P.M. and 7:00 A.M.-Please take the appropriate steps to reduce the volume to a more reasonable level. If you have any questions, or feel that the above noted concerns are inappropriate, please contact the Environmental Health Division at Ext. 372 at your convenience. Otherwise, we ask you to alleviate these conditions within immediatelv days, and help us to maintain the property maintenance standards that have made Richfield such a pleasant community in which to live. Enclosed are the specific ordinances regarding the above items. An inspector will stop by after the time period noted to re-inspect the property. Sincerely, Patrick J. oughlin Assistant Fire Chief Richfield Public Safety Department PJC/bac Enclosure lelaphn w: $69-7521 (612) an equal oppertunity mplayer , j4 -o2e i CITY OF RICHFIELD Memorandum DATE: May 2, 1988 TO: Towhid Kazi, Assistant Planner FROM: Jean Sawyer - Environmental Health SUBJECT: 6601 Penn Avenue South In reviewing the environmental health files for the above address I noted that there have not been any new complaints filed since Betsy did a memo for Rick Jopke on September 24, 1987. If I can be of any further help please contact me. 11 P` 0 M E M O R A N D U M DATE: September 24, 1987 TO: FROM: Rick Jopke Betsy Christensen SUBJECT: 6601 PENN AVENUE SOUTH In going through my environmental health file for the above address I noted that I just had two complaints on that location. that are as follows: 1) Long weeds/grass and trash debris on property - Recd. 6/4/86 (An officer inspected on 6/9/86 and noted that the complaint was not valid) 2) Loud speakers going constantly (music, announcements, ads) throughout the night-Place is open 24 hours - Recd. 1/10/83 (An officer inspected on 1/12/83 and found that the complaint was valid-music could be heard on a continuous basis. A letter was left with the manager advising him/her of the problem-we received no further complaints) I have attached copies of the actual reports for your information. Let me know if I can be of help in any other way.- 0 (000 8 Co 0 C# ENVIRONMENTAL HEALTH DIVISION/COMPLAINT RECORD RE-INSP. DATE •y DATE 6/4/86 RECEIVED BY Betsy Christensen' -------------------------------------------------------------- -------------- LOCATION OF VIOLATION: F601 Pp nn Ava _ A- Amman Ctat i nn COMPLAINT: Weeds/grass long and trash/dPhris nn property i VIOLATION OF ORDINANCE: 10.01 6.06 NOTIFICATION LETTER SENT--DATE: latter cant wi th offi r ar nn A,14/86 ---------- --------- -••------•--------------- --•••-••---------------- ----------- REFERRED TO: PO 1 i Ce DATE: 6/4/86 6TION REC ESTED: Please check and verify. if conditions do exist, make contact with business and lease the attached letter ACTION TAKEN: r• INSPECTION OFFICER: DATE: - E? -------------------- FOLLOW-UP REFERRED TO: DATE: ACTION REQUESTED: _ ACTION TAKEN: INSPECTION OFFICER: DATE: ---------------------------------------------------------------- ------- ------ NOTICE OF NON-COMPLIANCE FOLLOW-UP REFERRED TO: FOLLOW-UP DATE: ACTION REQUESTED: ACTION TAKEN: I::SP:;CTIO:: 0'?:CER: D ATE: ------------------------------------------------------------------ ------ CAL:EAS N;64E Anonymous PHONE 1u.DPESS -:Hz ASC"r- I%*:OFMATIO?: :S C•':;F:DE`T:AL- C# _ R3nn014R ENVIRONMENTAL HEALTH DIVISION/COMPLAINT RECORD • DATE 1/10/83 RECEIVED BY Betsy Christensen LOCATION OF VIOLATION: Amoco Station- 6601`Peiiii'S.? COMPLAINT: Complainant states that loud speakers are going constantly (play music, announcements, ads) through the night. Station is open 24 hrs-- VIOLATION OF ORDINANCE: 10.02 Subd. 4 NOTIFICATION LETTER SENT--DATE- Letter sent with officer on 1/10/83 REFERRED TO: Police DATE: 1/10/83 ACTION REQUESTED: Please check to see if paging system is distinctly audible at the-property line of the homes ad'acent to the business.. Leave attached letter and ordinance with business making them aware of ACTION TAKEN: ordinance requirements. IVIUS (c Cov?.? IBC kC&W 4N Co.v??ivwv_; l?r9tir_ 14: 77:2 INSPECTION OFFICER: __ rs DATE: 01/97- ------------------------------------------------------------------------------ REFERRED TO: Police FOLLOW-UP DATE: 1/.24/83 ACTION REQUESTED: FOLLOW'-UP "PLEASE'-CHECK TO SEE IR PAGING -1 -SYSTEM 'HAS-BEEN .TURN . vlS=AT-J -REAS ONE ONAB ,?_.. ON ACTION TAKEN: INSPECTION OFFICER: DATE: ---------------------------------------------------- ------------------------ CALLERS NAME Mr. Kain PHONE 869-2876 ADDRESS -Thp Ahnva lnfnrmat4nA ie ?nnf4ln.tial- y ?/71 il 5'1-7 7;DlLol 19- i 7V"" 1?r?O /z' ?L, <f D?P(Wl;?6 a?? ? s Ttif ;7; - - -? cx ; T fh!5 0,0 A0gS-1-1 14?< < V? ? 41, If k s WO FEZ- z'eS OIV 7At ST72?E, - G{/E }?q t/E W 5?0 /V W41 el-2 6&C S CUn'1log:Z/4lkl S 5Si TVlq 7 ,2r/? i j • 5 t I CITY OF RICHFIELD DATE: April 29, 1988 TO: Towhid Kazi PROM: Sivert Hendrickson SUBJECT: Ice problems at carwash - 7744 12th Avenue South. The City staff and elected officials received numerous complaints of ice problems at the carwash at the onset of freezing weather in November of 1987. During the course of the events, I made six inspections, several telephone calls and sent two letters to the Phillips 66 Company. In addition, the Police Division spent alot of time checking on ' conditions in response to citizen complaints. Phillips 66 Company has indicated that they will modify the building during this construction season to include a drying cycle to alleviate the problems. SH/lkt 0 CITY OF RICHFIELD, MINNESOTA Council Letter No. 124 Agenda of May 9, 1988 Issue Statement: Public hearing on a conditional use permit for a day care facility at 6436 Penn Avenue South. Background: Ms. Kathleen Peterson and Ruth Matson, operators, have requested a conditional use permit to allow a day care facility at 6436 Penn Avenue South. The day care facility would be located in an existing commercial structure. The facility would provide child care services for up to 75 children from 6 weeks to 5 years old. The structure has been used for a retail auto parts commercial use. The property is zoned for General "I" Industrial district. A day care facility would be a permitted use in a "I" Industrial district with a conditional use permit. Recommended Motion: Deny the conditional use permit for a day care facility at 6436 Penn Avenue South. Basis of Recommendation: 1. The Planning Commission voted 6 to 1 to deny their petition. 2. The building housing the proposed day care center includes Midland Heating and Mr. Tax. While the Comprehensive Development Plan has designated this area for mixed land use, a day care facility would be inappropriate adjacent to the existing commercial uses. 3. Based upon staff's analysis, the existing uses along with the proposed use would require a minimum of 26+ parking stalls: 16 for commercial use, 5 for the office use and at least 5 for the proposed day care center. The existing site provides a maximum of 10 parking spaces, which is inadequate the proposed use. See attached Exhibit 1. Parking Analysis Required Maximum Available Parking Spaces Parking Spaces Midland Heating 14 3 Warehouse 2 0 Mr. Tax 5 2 (except during peak tax preparation season) Day Care Center 5 (for employees) 5 (including (one handicapped parking stall) plus # of spaces for parents dropping off children + 0 Total 26+ 10 7 3. The width for the driving aisle provided is not adequate. The maximum feasible width of the driving aisle is only 12 feet, which is at least 3 feet less than the minimum required according to city parking guidelines. In addition, the existing circulation would not allow a fire truck enough space to readily access the rear of the building. 4. The only available access to the property is from the highly congested Penn Avenue. It is staff's opinion that the intense traffic flow along Penn Avenue would create a safety hazard for the children, particularly during peak traffic hours, when parents would typically be picking up and dropping off their children. It is quite conceivable that several cars could be on the site at the same time, creating congestion with the adjacent driveway. This problem is further aggravated because of inadaquate parking. 5. As there are no opportunities for outdoor recreational activities immediately available at the site, the applicant has indicated the children would be brought to the nearby Sheridan city park which is located approximately 1170 feet from the proposed day care site. State licensing regulations require that day care center should be located within the proximity of 1,000 feet from a park or be able to transport the children to a nearby playground. (The Sheridan School playground is located approximately 830 feet from the site.) The applicant also indicated that the children would be transported from the site by specially designed wagons with seats for up to eight children. This would involve transporting the children to the park through the Penn liquor store parking lot to avoid high volume traffic on Penn Avenue. In summary, while the proposed use would be consistent with the Comprehensive Development Plan, the use of the site for a day care facility is inappropriate and is incompatible for the site because of several concerns: -Safety concerns created by the heavy traffic flow on Penn Avenue. -Lack of adequate parking. -Lack of safe drop off site. -Lack of adequate driving aisle width. -Lack of onsite recreational facililties and the adjacent land uses. Alternative Recommendation: The City Council may wish to approve the conditional use permit at this site. Adequate findings of fact must determine that the proposed use would not have an adverse effect on the health, ?, safety and welfare of the community. Decision Mode: A public hearing is scheduled before the City Council at 7:00 PM on Monday, May 9, 1988. A written notice of the hearing was mailed to property owners within 350 feet of the site. Legal notice of the hearing was published in the Richfield Sun newspaper. Respectfully submitted, Prosser JameIMnager City JDP:dkh n A v, a w en 115.! FENCE ?i--'lie-- -' 5i.! N la, WAREHOUSE . . .............. 45 : VI nl : ? ? D v x i Q a, .,....12's - 32'8' a cry I, 'I Ci rn! A U z N O IV '. a ? a Q N w ?o D 3 C r 4 N N O 1 PENN AVE a N i • r? • m P V ? ? N V - O O N m ? P - f f f - O ? r - J' f > f > 1H .Ni• H y y y N N ?...? N H H ti ..1 XERXES AVE F \-_ --?? '-•r•r..r - ,I_v••R?-=;,---.?-,-?? .=1' WASNBURN \4k?'y""", ,•I ^_ _ r :` 7?: •_ "`.._:? VINCENT i. ?-? ^--J. 1 "? - - ,C- _ C' ~?? ?•.?`.` UPTON THOMAS RUSSELL GUEEN PENN AVE. __',? ??C---• _. ??L_????_ OLIVER NEWTON Ir :??- u ?•r?L_J__.._?L_.JL?.( ?L--J MORGAN IOC AN . KNOX E?? JAMES 1'. I-?L??_J ?L?.?? ,:k','w,',??'•?.? IRVING '1.?. /1I ' I???_J?? •?';y, HUMBOIDT -'35Y _-?"'-` IvE e;!:•.;???? `J _ rt GIRARD FREMONT EMERSON ??`?? /.;5:• DUPONT COLFA%?-I?^?-? •::? ••,:?• BRYANT L, ALDRICN ??J_JLJ??I__.' • ,:;••, :•:: :;?:?; ?;?;;:;:;:;••' LYNDALE AVE. ?.. • ~ f: GARFIELD HARRIET GRAND II-•_-. PLEASANT ?7-_?.?_- -•?• RUSSELL AVE PILLSBURY WBLAISD LL WSOELL HICOLLET AVE. 1st I ?? STEVENS =Ad 3rd CLINTON N Atn 1 d 1 = ?? Stn ? 1 1 = PORTLAND AVE. ••••• OAKLAND ?? ; :•: f•}:::• 1 PARK COLUMBUS CHICAGO PENN AVE ELLIOT i I I1II???' 10 tot I n to k' I Iz to 'i h(}I-??-I' 1s to 14 to BLOOMINGTON Isth 1 -•- ?Jt •-•?Ol C` y Q?I??IOC? IT tIt rA -• .--? CEDAR AVE. ' - __ ------ __ LJ_ - LONGFELLOW -'VCS--__^~ - --- ? s r ? v i\ ?. w a - m ..., ? n n A? -4 c o -4 T <r ;v z z 2 m V P N .NI y N r v a W' ? E > > O ! 2 O = J y ti K --+??XERXES AVE. WASNBURN VINCENT UPTON '? •- :__:_ ?` THOMAS ' - _ SHERIDAN __.-..J - RUSSELL r, OUEEN PENN AVE OLIVER NEWTON 7 :.• ??? MORGAN y ?1 LOGAN • I ?CC ..OX ?l- y; - ;? .11ME5 y'?• ???F IRVING HUM13OLOT Y .•: Q I. I! GIRARO EMERSON ?• •? ,{y \? I? DUPONT COLFAX :••v:Q': 1'II BRYANT .. lip ALDRICN LYNDALE AVE. ? ICI GARFIELD HARRIET '? II I GRAND •• i •: t' PLEASANT III PILLSBURY l' WENTWORTN :111 BLAISDEIL NICOLLET AVE. i lot „ STEVENS zAe IE r 3rd 1 CLINTON 1 1 I 4:6 Stn ' I PORTLAND AVE. 1 -??• I OAKLAND 1 ?• I PARK r I COLUMBUS CHICAGO i I EIIiOT II IO is 13 to 14th IS to ?OO BLOOMINGTON IG to tT to to th EDAR AVE. C LONGFELLOW 1916 ?r ,? •_? =DtA zl tt STAN ^ =? Zz"d ?- ETANDISM zn re /T - P T A ' ; W N y H N r 0 0 Z cy) m m z rn ZO I'I?I'I?I?I'I'I'1 :I,III,I,III,I,I,' I'L'I'I?1'I?I'I?I It11?I?1If1)?I ?II111111111?1 I'I?I?I'I'I'I' I'1'I?I'1'I?I' 1111111.1?I?III • 11 I 1 11 V SHERIDAN i'i'i?i :::. I111?11 111 1 1 ,1 . . ... ;•; 1 1 11 1 1 1 1 :: . c O D n c C ' i - C 3 r N r 0 C w z r r x n m r Z A r' RUSSELL AVE CJ1 PENN AVE OLIVER. AVE NEWTON AVE M.ORGAN AVE I t I I! my SHERIDAN Ilk m ? z v m ? ? c v D ? z v z ? N m v c n T m m C71 RUSSELL AVE OLIVER. AVE NEWTON AVE MORGAN AVE III 1 1111;1111 SHERIDAN AVE - 3 ? ? ? f1 ? W N .,? N Z 0 D C C C z -Ni Z -r-i -rl -ri m ? m r rD- r-- m m m n c m rn, m O m m m Z Z m m m m 0 m z D r N -? PENN AVE MORGAN AVE po --T T"S' I RUSSELL AVE OLIVER. AVE NEWTON AVE REQUEST FOR CONDITIONAL USE PERMIT OF FOR PURPOSE OF Legal Description: X10 - c e Q. cJ U We, the undersigned, being owners of immediate adjoining land as above described, do hereby concur with the Conditional Use as requested. Signature of Owners* Address 15%? 9,? ?rz 5 I r ,? ?- A4 I j j i I I j j j j j. i I I j j I j I I I I I *Signatures may not be removed once the petition is signed and returned to the Planning Division ::P?_ / • April 1, 1988 City of Richfield City Planner's Office Richfield Municipal Building 6700 Portland Avenue Richfield, MN 55423 Dear Planning Members and City Council Members: Kathleen Peterson and I are making application to seek a Conditional Use Permit so that we may lease a building at 6436 Penn Avenue South, to be used as a child care center. It will be licensed by the State of Minnesota, Department of Human Ser- vices, to care for up to 75 children, ages 6 weeks - 5 years. Kathleen and I have extensive experience in management and own- ership of child care centers. We have a good reputation in the child care industry for providing high quality care to children. We are requesting a variance in the number of parking spaces required by the City Parking Guidelines. We will be able to pro- vide off-street parking for approximately 16 vehicles. We antic- ipate needing 3-5 sp.aces for employees. We will be needing only temporary parking for our clients (for drop-off and pick-up) and we feel that the parking that is available in front of the build- ing will be very adequate. Parents will begin to drop children off at 6:30 A.M. and this will continue until about 9: A.M. We anticipate that some of our employees will take the bus to work, and we also anticipate that some of our clients will arrive at the center (with their children) by bus, as well as parents who will be walking their children (either from a nearby home or place of employment). Pick up time is usually between 3: & 6: P.M. The front exterior of the building will be painted and we will be having an attractive sign on the building. If space allows, we will use some plant boxes in front of the large win- dows in front and plant either flowers or green plants'in front. The owner of the building, Russell Gregg (Midland Heating), has told us that he plans to resurface the parking area, and will assist us in meeting your requirements for drainage and other requirements as feasible. 0 1111?_q /) 0 Page 2 Our day care licensing guidelines require us to have a plan for an outdoor play space for children. This.area needs to be within 2,000 feet of the Center. We will have small groups 6f children taken by staff to the playground on 64th and Russell. This will be accomplished by specially-designed wagons with seats for up to eight children. The wagons are equipped with safety belts which are placed around each child while they are transported in the wagon to the play ground. Two staff mem- bers will be sent with each wagon-load of children. They will not be crossing any "busy" streets. The only street they will cross is Russell Avenue. This has been proven to be a safe and effective way to transport children in small group sizes. We sincerely hope that you will act favorably on our request for a Conditional Use Permit. Please feel free to contact either Kathleen (823-7811) or myself at 869-8107 if you have further questions. Sincerely, • Enclosures: Permit Application Drawings (2) Check # 4943 Ruth Matson 0 Survey Confirms Critical Shortage of Care In August 1987, GMDCA conducted a sur- vey of licensed child care in Hennepin County. The purpose of the survey was to gather statistics on 1) the number of li- censed, full-day, all-year child care slots, 2) the number of currently available slots, 3) the location of those slots, 4) the need for child care services, relative to availability of services, and 5) specific information on child care needs. All the information was tabulated by planning districts in the city and suburban areas. The survey confirmed that there is a fright- ening lack of licensed child care in Henne- pin County. In Minneapolis, there are 34 li- censed child care slots for every 100 child- ren in need of child care. In the suburban areas, there are 57 licensed slots for every 100 children needing care. There are 7,255 licensed full-day, all-year center and family day care slots in Minneapolis for the estima- ted 21,645 Minneapolis children aged 0-6 who need child care. For the suburbs, there are 16,579 licensed full-day, all-year center and family day care slots for the estimated 28,889 suburban children needing child care. Due to the shortage of care, GMDCKs Child Care Information Network was unable to provide any referrals in August 1987 to 357 Minneapolis parents and 175 suburban parents who were seek- ing child care. There is less care available for infants than any other age group. In Minneapolis, there were only 9 available openings for infants at the time of the survey. There were no avail- able openings for infants in family day care homes in the Central or Phillips planning areas, and only 4 or less. in Calhoun/Isles, Southwest and the University areas of Min- neapolis. In the entire suburban area, there were only 77 available infant slots in cen- ters. In family day care homes there were no infant openings in Excelsior and 4 or less in Golden Valley, Robbinsdale, Edina, Eden Prairie, Maple Plain, Mound, Shorewood, and Wayzata. A chart of overall statistics fol- lows this report. From the statistics we have compiled for Hennepin County child care, it is clear that today we do not have enough child care available to meet the needs of working par- ents. Nationally, Dr. Sheila Kammerman of the Columbia University School of Social Work notes that 80 percent of women in the work force today are of child bearing age. Ninety-three percent of these women will become pregnant during their working lives. Fifty-one percent of United States mothers with children age one or younger are in the labor force. One can logically conclude that the need for child care can only become more critical in the years ahead. For further information call Sue Heimerl or Grace Norris at Greater Minne- apolis Day Care Association, 823-7243. A complete copy of the study is available for $3.00. # - Sue Heimerl and Grace Norris HENNEPIN COUNTY CHILD CARE: SUPPLY OF FULL- DAY YEAR-AROUND, LICENSED CARE City of Minneapolis , Suburban Suburban Northwest South West Total Number of Licensed Family Day Care Homes 529 567 251 299 1,117 Number of Licensed Family Day Care Slots 5,232 5,634 2,376 3,066 11,076 -Infant through Schoolage Number of Available Licensed Family Day Care Sloti- Infant through Schoolage Number of Child Care Centers Number of Child Care Center Slots -Infant through Schoolage Number of Available Child Care Center Slots -Infant through Schoolage Number of Children Aged 0-6 Needing Child Care of Licensed Child Care Slots For rough Preschool age 263 homes 297 homes 121 homes 157 homes 575 homes with 1,190 with 616 with 600 with 273 with 317 possible openings possible possible possible possible openings openings openings openings 67 25 37 39 101 3,610 2,039 3,396 3,419 8,854 338 429 557 529 1 1,515 21,654 1 1 1 1 28,888 7,255 1 1 1 1 16,579 8 NEwsuNE Winter 1988 1. IS WE r KIDS A LICENSED DAY CARE? Yes, the Center is licensed by the State of Minnesota to care for children ages six weeks to 5 years. Mt. Sinai: 2414 Chicago Av. S. is licensed for 20 infants (6 wks to 16 mo.) 2418 Chicago Av. S. is licensed for 21 toddlers (16 mo. to 21 yrs.) Messiah: 2504 Columbus Av. S. is licensed for 29 preschoolers (21 yrs to 5 yrs.) Office: 2504 Columbus Av. S., Mary Bareis Jew, Director. Phone: 872-1110 We'* Kids is owned and operated by Practical Management Systems,Inc., Ruth Matson, President. 2. IS A REGISTRATION FEE REQUIRED? Yes, you are asked to pay a $20. registration fee after you have been guar- anteed placement for your child. 3. WHAT IS THE COST OF TUITION? $100./wk Infants $85./wk Toddlers $80./wk Preschool Payment is due Friday before the next week. An envelope for deposit 4-s lo- cated in each center. Make checks payable to PMSI. We suggest payment on a weekly basis. Lack of payment beyond one week will make enrollment in our program questionable. Parents who enroll two children in our programs may deduct $10. from their total weekly fee. If child attends less than'fu'll- -time, full time rates apply. 4. DO YOU CHARGE AN OVERTIME/LATE FEE? You are charged $5. for every 15 min. you leave your child beyond the time e/she is scheduled to be picked up. Example: If a child is scheduled 7:30- and is not picked up until 5:, a fee of $20. would be assessed. Please confer with Head teacher if you feel your situation was a true emergency. Please schedule only for those hours which you know will be the actual hours of use. 5. DO I PAY FEES FOR THE DAYS MY CHILD IS ABSENT? As s general rule, the answer to this question is yes. However, should the child be absent two full weeks due to illness, regular fees would be payable for the first week. Enrollment will be guaranteed during the second week at half the regular fee. 6. IS THE CENTER OPEN ON HOLIDAYS? The Center will be closed on the following holidays: New Years Day, Memorial Day, 4th of July, Labor day, Thanksgiving, and Christmas. 7. DO WE PAY FULL PRICE FOR WEEKS THAT CONTAIN HOLIDAYS? Yes, our staff is paid for these days, and full fees are payable. 8. DO WE PAY FOR WEEKS OUR FAMILY IS ON VACATION? Yes, you are expected to pay for all days not attended.. 9. WHAT ARE THE DAYS THE CENTER IS OPEN, AND HOURS OF OPERATION? Sh e Center is open Monday through Friday from 6:30 - 5:45. 10. HOW WILL I KNOW IF THE CENTERS ARE CLOSED FOR A STORM? In case of severe winter storms, you may listen to WCCO Radio to find out whether or not the center is open that day. .. .. OVER 11. WHAT ITEMS DO I BRING TO THE CENTER FOR MY CHILD? INFANTS TODDLER/PRESCHOOL breakfast lunch in bag or lunchbox (labeled) lunch blanket formula toothbrush diapers change of clothes wipes outdoor/cold weather clothes r change of clothing diapers/wipes 12. ARE SOME ITEMS PROVIDED BY THE CENTER? INFANTS TODDLER/PRESCHOOL whole 2% milk breakfast juices two snacks snacks all beverages blanket NOTE: Fruit sent must be peeled and/or cut, except bananas. 13. HOW IS SCHEDULING DONE AND HOW DO I SCHEDULE? For every I hour of the day the scheduled children are counted, the ratio of teachers to children figured and staff assignments are made accordingly. This is done by the head teacher Thursday of each week and posted on Friday. The head teacher must know any schedule changes by each Thursday morning in writing.) Any changes, unless as a direct result of an emergency, must be made by this time. Please'do not wait until the night before or the day it will take place, as the head teacher may not be able to accommodate on such short notice. 14. WHAT IF I MUST WITHDRAW MY CHILD FROM THE CENTER? If you should decide to take your child out of the Center, please give a written notice to the head teacher. We request a two week notice, or earlier possible. IV5. HOW AM I ABLE TO ENTER THE BUILDINGS WHEN BRINGING MY CHILD? The doors to the Infant and Toddler buildings are locked at all times. Par- ents are encouraged to acquire a key to let themselves in ($5. key deposit required - refunded when you return the key). If you decide-not to get a key, ring the intercom bell and someone will buzz you in. The Preschool door is locked until approximately 8: AM and you must ring a buzzer.to the left of the door to gain access into the-building. Thanks for your interest*in our program. In addition to this information sheet, refer to our Parent Handbook for many of our policies. There is also a Pol- icy Manual available in the Dir- ectors office. 1 CITY OF RICHFIELD, MINNESOTA Council Letter No. 123 Agenda May 9, 1988 Issue Statement: Public hearing on a conditional use permit for a Montessori school and day care center at 6720 Nicollet Avenue South (St. Peter's Church) Background: Ms. Bernadette G. Mallawaaratchy, operator, has submitted a request to the city for a conditional use permit to allow the operation of a Montessori school and day care center at St. Peter's Church. Ms. Mallawaaratchy, has 12 years experience as a Montessori teacher. Two rooms (31' x 291 each) at the westerly portion of the Church/School building would be used to provide day care services for 40 children from 2 1/2 to 5 years old and latchkey children up to 10 years of age. A day care center has been previously located in the facility. The property is zoned single family residential 'R' district. A day care facility is a permitted use in an 'R' district with a conditional use permit. • Recommended Motion: Approve the conditional use permit to allow the Montessori school and latch key day care program for 40 children at the St. Peter's Church, 6720 Nicollet Avenue South, provided that the facility meet the building and fire codes. Basis of Recommendation: 1. The Planning Commission at their regular meeting voted unanimously (7-0) to recommend approval of the conditional use permit. 2. The facility has been used for class rooms previously and the proposed new use would be compatible with the previous use. 3. The program would not cause any traffic, parking or safety problems in the area. The program would complement the existing uses of the St. Peter's Church facility. 4. The use of the property for a Montessori school and day care program would supply a needed service in the community. Alternative Recommendation: The City Council may deny the conditional use permit at this • site. Adequate findings of fact must determine that the proposed use would have an adverse affect on the health, safety and welfare of the community. r Decision Mode: A public hearing is scheduled before the City Council at 7:00 p.m. on Monday, May 9, 1988. Written notice of the hearing was mailed to property owners within 350 feet of the site. Legal notice of the public hearing was also published in the Richfield Sun Current. Respectfully submitted, rosser James 7anager City JDP/sae • • E ?A A • '?. ??? 2280 a 0 N N ? Nn H y !2 N. _. 14 ti Ni V' N. ti N ti f 1 ?, ?•` ?lJ r+- . - ;.-.. t' %ERXES AVE. WASHBURN WASHBURN VINCENT IJ L-j VINCENT UPTON UPTON THOMAS I?-???L -•i• i. '-__= UL-.? THOMAS SNERIOAN fNE RIDAN RUSSELL i--=?r--? RUSSELL QUEEN OuE N E I' I LJ??=1®?1? I' ?ENN 1 ?ENN AVE. OLIVER OLIVER NEWTONQQi?O??l t QQQQQ??QQQQQ NEWTON MORGAN QQ (--?QQQQ OOCC?? O LOGAN AN KNOX 1- •? j `QJQQOO o__ 000 -_ LKNOX KNOX ??\ I?(_?J(??Ir_?! ' 0?0 .--• I JAMES JAMES IRVING IRVING HUMBOLDT F- -'?-'-' -- `- WE OOO ?O?OII, I I / - QQQ?? ii HUMBOLDT GIRARO GIRARD ??' j`?? ? _ GIRARO FREMpR EMERSON , uY?u - 3- o ^ 1 ---`- J _ -_`•\?? I, FREMO T EMERSON DUPONT C OOOO T C i II DUPONT COLFAX COLFAX BRYANT OOu? ' III' QQQQD ^ o III ALDRICH BRYANT 'I LL©?BOO??ie ?I. ALDRICH IrNDALE AVE. 1 Q Q????I \ a ' \ I? LTNDALE AVE. 6ARFIELD II Q ?OQ??O I/?,'V\ ?Q III GARFIELD HARRIET I r??QB? QQ II HARRIET GRAND .- ? ? III GRAND PLEASANT ?LEASANT ILiJO?]® _ lii vlLissuler Ptussuler WENTWOYTN ?Q?QQQ ?./ OO li' WENTWORTH BLAISOELL II BLAISDELL oB??? 00 00 lot NICOIIET AVE. I QQQQt?-y,_,I QQQ NICOILET AVE. Itt Nt --- STEVENS '`? • QQQQ?, QQQQQ STEVENS 2 I O?O,*r,.?••: •:ti `:::;'• BOO 2A° !r0 3r0 r y n CLINTON ?h'?' f???l L??J! B ? O( CLINTON PORTLAND AVE. • ••• •? PORTLAND AVE OAK •••••• QQ -'+ rI UUL. i ' Lj OAKLAND PARK •••'?•, •••.•• O? r I COLUMBUS ?? r 0 N - II CHICAGO s i QQ I ELLIOT QQ II 10 fIN QQQ?ODId 11 SIN 1216 TN IS IA 15 l th • I J N ?oo?? t .Ni ••••, BLOOMINGTON i I :::n?:: ?oo?oo Is th L ?OOQD iT tl, ?OOOO I,B,? ?o?oo? •--' CEDAR AVE. '-'- LONGFELLOW NICOLLET AVE _ C 1 IBM 13 toth 21 111 AO STANDISH C.^. O _ h1 23 rd ••t l ` ' O V P_ V ' 4 N d - : 1= yiNd y-, y:? = H H N y ,••1 !1 _ r 0 n B1• 0 Z 0*4 N O Z F) 0 .r r m wq rn r? • • CHURCH OF ST. PETER 6720 NICOLLET AVENUE MINNEAPOLIS, MINNESOTA N N LEGEND 1 - CHURCH/SCHOOL 2 - GYM 3 - OFFICE/RECTORY 4 - RECTORY GARAGE !S - SISTERS RESIDENCE A - NEW CONSTRUCTION PROPOSED SITE SCALE III = 501 oC3 1 :11 J E ? q VF SIDEJUM zo cn s N N O z z y N O n O r r m NICOLLET AVF ?I 1 1 1 1 :v i i / 1 1 1 1 1 C 1 1 1 = 7ST OVF -fl- L.T- -L- J-- 1 1 1 1 51LVEN5 AVE 1 1 I ? 1 i i 214D AVE i i n 1 I 1 I t I 1, of S C ? _•- to I I 00® sR C T C Q D 2 N r D m _ m z x -? m n a r D n r 1?f- r z v c Cf) m O) N 0 Z i. 0 ? r r .? _l- Ell i i i s im 2 1CT AVF 1 1 3 . i ` sitVLNS AVE 1 I ' i i i i 2ND AVE 1 I 1 ? ? , 1 o) -1 tr 2 = I ( I I C m NICOLLET AVE O y N O r=. n O r r m m i I I 1 r-rn r- 1 NICOLLET AVE p fill 1111i - la i 1ST AVE ? i 4 i i -Ni STEVENS AVE 2ND AVE PH i ?I I? 6416 Bloomington Ave. South Richfield, MN 55423 28th March 1988 Community Development Planning and Zoning Division City of Richfield, Minnesota 6700 Portland Ave. South Richfield, MN 55423 Dear Sir, Purpose of Conditional Use Permit This request for a Conditional Use Permit is to establish a Montessori • School and Day Care Center within St. Peter's Church Building situated at 6720 Nicollet Avenue South. I have been engaged as a Montessori Teacher for 12 years of which 8 years had been spent in the Twin Cities. I have lived in the City of Richfield for 4 years. Many of my friends in Richfield have requested me to open a Montessori School in Richfield where there is a paucity of Child Care facilities. Mass media reports made from time to time confirm this paucity. My proposed School will be the first Montessori School in the City of Richfield and should provide relief to parents who find it difficult to secure suitable child care facilities. for their children aged 21 to 5 years and Latch Key upto 10 years. St. Peter's Church Authorities are very enthusiastic about opening up a Montessori School to serve a long felt need of the community and had kindly allowed me to use two of their classrooms. The granting of a Conditional Use Permit by the City of Richfield will enable me to set up my own Montessori School and Day Care Center and to serve a long felt community need. Yours faithfully, RX "yQ /L,// Bernadette G. Mallawaaratchy 0 ?o;-/ 6715 RICHFIELD,?LMN 55423 MR MRS R H 1?1FLEMING , ? v 6700. , ;et7a ? ? s ?t` -h4,--7 r-11 CITY OF RICHFIELD, MINNESOTA Council Letter No. 122 Agenda May 9, 1988 Issue Statement: Public hearing on a conditional use permit for a day care center at the St. Richard's Elementary School and Church located at 7540 Penn Avenue South. Background: New Horizon Child Care Centers, Inc., has submitted a request to the city for a conditional use permit to allow the operation of a day care center at the St. Richard's Elementary School and Church facility. Three classrooms at the westerly portion of the church building would be used to provide day care services for 62 children. The existing classroom facility proposed has adequate square footage (2,400 square feet) to provide day care services for 62 children. Children would include: - 8 -14 -20 -20 • The oper infants (6 weeks to 16 toddlers (16 months to preschool (31 months t latchkey (31 months to ation will be open from months). 31 months). o 12 years old). 12 years old). 6:30 a.m. to 6:30 p.m. The property is zoned for single family residential, 'R' district. A day care facility is a permitted use in an 'R' district with a conditional use permit. Recommended Motion: Approve the conditional use permit to allow the New Horizon Child Care Centers, Inc. to operate a day care center for 62 children at St. Richard's Elementary School and Church building located at 7540 Penn Avenue South provided that the facility meet the building and fire codes. Basis of Recommendation: 1. The Planning Commission voted unanimously (7-0) to recommend approval of the conditional use permit. 2. The facility has been used for classrooms previously and the proposed new use would be compatible with the existing uses at the St. Richard's Elementary School and Church building. 3. The program would not cause any traffic, parking or safety problems in the area. The availability of parking is adequate for the proposed use. -;o- ?1-/ 4. The use of the property for a day care program would supply a needed service in the community. Alternative Recommendation: The City Council may deny the conditional use permit at this site. Adequate findings of fact must determine that the proposed use would have an adverse effect on the health, safety and welfare of the community. Decision Mode: A public hearing is scheduled before the City Council at 7:00 p.m. on Monday, May 9, 1988. Written notice of the hearing was mailed to property owners within 350 feet of the subject site. Legal notice was also published in the Richfield Sun newspapers. Respectfully submitted, James D Prosser City Manager JDP/eja 0 11 • 7- z a v i i o I- 3i 3: XERXES AVE F'?;:=-'-'-=•---+ WASNBURN VINCENT UPTON THOMAS -"- SNERIDAN RUSSELL 1?I .QUEEN PENN AVE. DILI Ell NEWTON h?' • i"r MORGAN LOGA L- KNOX JAMES ?., P'Y:•?:•:•::::: -^? . IRVING ?'?•.?` •. ?•t•":•:?:•:•':•: :•;•, -_ NUMBOLDT GIRARD C - F1RI.ONT EMERSON e•?ms•,... ,.?.y •'••X DUPONT •? COLFA % i ?L_? I •:••'•? :: •• • .:.?1 BRYANT G Li ALORICH LYNDALE AVE. '7J "?'•?'•M ??•? y ;+?M GARFIELD HARRIET I'? ,.5,, '::':•::?:?:?:?„:•'? GRAND I •,•: •:.: JI•tr PLEASANT •+ PILLSBURY ?•? WENTWOBTN • ??',•7 BLAISDELL NICOLLET AVE. •• bt ? STEVENS 2n0 SHEI i 3rdX .•:• CUNTON 41h Sth I PORTLAND AVE. ?r OAKLAND V PARK COLUMBUS _ CHICAGO U N ?' ELLIOT 9 ? J M I IO 1h II Ih 12th II IS th 1 I 14 1h Is rh PEP Ii BLOOMINGTON i IGib l7th IB it, CEDAR AVE ' - _ - LONGFELLOW ------'--D`R----'---'--- A _ ?m v e s e n m a v m. =17n C ? O Zm 1 ;v z 0 N N O - C O ; ; P P Y ? v N= z . . r . i •'?i y y H y H ? ?? .-?. .•s .. ?__'';__._ ••.?:•• .r- ..??r..?. XERXES AVE WASNBURN VINCENT ? _ JI UPTON .-.0.. -1 THOMAS '_.??. ?`???-?•_ =L C:P ?- --- 1 SNERIDAN RUSSELL QUEEN ?E NN AVE. OLIVER NEWTON MORGAN LOGAN KNOX -- ?`-' r Lz:= JAMES '._T•-E-^? r_. _ ?_?'?il IRVING HUMBOLDT GIRARD FREMONT ?-` ! ????'• ?? EMERSON R O • m O ! ? DUPONT : IA. LA.T 0 ALDRICH 7 A)2 "'r ••• / I LYNOALE AVE. GARFIELD ,• • •?^^II ????li HARRIET '?.'•:??'?Y'+'G'i?•, I 'II GRAND ti••: I PLEASANT :;:, I III PILLSBURY ,y..: +:•:? ?': •••S•' • •• • ? I i WENTWORTH :•:•:•: :•::::' O?i iI BLAISDELL L^J ?O T? NICOILET AVE. J QO ST gIOAN AVE -1 C STEVENS ?L^?-•J?0 „I zne I ?? L__??? r ILL ? • S.4 _t? 01 IN I }?? CLINTON - ?I 4th S1h PORTLAND AVE. L.11lL' I OAKLAND L. ?I PARK ?::;•:? r COLUMBUS CHICAGO ¦ ?'? •: z ELLIOT IOth I, .' ??I.; 11 th 'I i2 1h Il,h f41h IN AVE IS 11, 91p0MINGTON I DO ??? - IB th X0000 ? ' ITth CEDAR AVE. Ift 1111119--1 IONGFELLOW Isth 20th ? _ $ - 'a I?Y1?•??II 1r? N.N., y I IJ - J ? ? 21 ?t ?I 22 h• STANOISN ??? 2S r4 _.I ` 10 to ? P P {I? a V N ? H I ti ?1 N N ? N r 0 n BBB 0 Z 01` -0111 0 m rn z Z C rn 'o 0 m ?o r z m N A T m. cn -1 cn -I ZO O 'G .O N m v N m i••• i PENN AVE S V z D m D O m O rn N v 0 rn r N Z V -11 y al Ab O m I z ' z m f. _ r I. •47 y,. ti AN EXHIBIT A PARKING SCHOOL ENTRANCE I L _ ?t af . o ?? r T Q' K . a V, i N L%'A" T H Esw] ' z E• y? N r+ t NO ti i i l t ® . • 0 0 z ? ? N Fn c c c z m r ? D r m m n m m O m T N rn C; 0 z m m n A n n m m m rr i? UPTO THOMAS AVE PENN AVE 2 N O z Z V ul P O T m z Z m ®®13 0 .: N m V> 2 r r O m m o x A f 1 UP I UN AV t owns= r z v c N m THOMAS AVE v cry cn PENN AVE V S N V UI O m z z m . .. . . ... . . ... ... ...... .. .. .. .. .. MUMS E 'm" Z o D O D < m c T T m UP I-L)N AV t: rrrrrtrrrtrr s ? r 1 ? s THOMAS AVE a V CT1 2 Cn L PENN AVE Q ?111 Et Fill, r D Z y Cn •b O IV m z z m --j= z? March 22, 1988 Towhid Kazi City of Richfield 6700 Portland Ave. South Richfield, Minnesota 55423 Re: Conditional Use Permit Dear Mr. Kazi: New Horizon Child Care Centers, Inc. would like to receive a Conditional Use Permit to operate a child care facility in 3 classrooms at St. Richards Catholic Elementary School. Please review the enclosed application, and if you have any questions please call. Sincerely, a& 4AJ Cy thia Laughlin Director of Advertising • (612) 557-1111 3650 Annapolis Lane North Plymouth, Minnesota 55441 New Horizon Emerprim, Inc. 7- all 10 M qMP0 CITY OF RICHFIELD, MINNESOTA Council Letter No. 121 Agenda May 9, 1988 • Issue Statement: Rental of milling machine - purchase in excess of $5,000. Background: The City Council policy resolution on purchasing provides that when the purchase of merchandise, materials, equipment or construction exceeds the amount of $5,000, authority to purchase shall be submitted to the city council for consideration. For the past four years, the street maintenance division has rented a pavement profiler or milling machine. This machine is used in the patching, cracksealing and overlaying operations for the controlled removal of blacktop. A milling machine is needed again for the 1988 summer street operation. The adopted 1988 operating budget includes $18,000 for rental of a milling machine and $54,000 for the purchase of a milling machine. Staff has received a rental rate from Ziegler, Inc. who has supplied the machine in the past. Ziegler, Inc. has proposed rental of a new CAT PR-75 rotomill machine and PM-25 sweeper attachment and has indicated 11100% of paid rentals applies toward purchase less interest". It is not known at this time whether the city will purchase a new or used machine. That consideration will be part of the pavement • management program. Recommended Motion: Approve two month's rental of a PR-75 Pavement Profiler in the amount of $13,000 ($6,500 per month). Basis of Recommendation: 1. The machine is needed for summer street operation. 2. Ziegler, Inc. has the machine that most fits our needs. 3. Approval of this agreement will provide the City with the option to purchase the machine if the decision is made to do so. Alternative Recommendation: None. Discussion/Decision Mode: This item is scheduled for the May 9, 1988 regular City Council meeting consent agenda. Staff requests approval at this time so that we may schedule the rental to coincide with our operation. Respectfully submitted, • James Prosser City Vanager JDP/eja • CITY OF RICHFIELD, MINNESOTA Council Letter No. 120 Agenda May 9, 1988 Issue Statement: Award of Contract for a portable generator. Background: The approved 1988 sanitary sewer maintenance budget contains $25,000 for the purchase of a portable generator. The generator is to be used as a standby for lift station power outages. It can also be used to operate one of the water wells, if needed. Formal bids were opened on Thursday, April 28, 1988. The results are listed below: Interstate Diesel Equipment $212298 Flaherty Equipment Company 23,644 Ziegler, Inc. 30,491 Recommended Motion: Approve the attached bid minutes and tabulation and approve the purchase of a portable generator from Interstate Diesel Equipment in the sum of $21,298. Basis of Recommendation: • 1. The bid by Interstate Diesel Equipment met specifications. 2. Interstate Diesel Equipment submitted the low bid. 3. Sufficient funding is available for this purchase. Alternative Recommendation: Council may chose to reject all bids and instruct staff to readvertise. However, staff does not believe we could obtain a better price for the specified equipment. Discussion/Decision Mode: This item appears on the May 9, requesting approval at this time generator. 1988 Council agenda. Staff is to assure timely delivery of the Respectfully submitted, James Prosser City arnager JDP/eja 0 CITY OF RICHFIELD, MINNESOTA . Bid Opening April 28, 1988 11:00 A.M. Purchase of Portable Generator for Sewer Maintenance Division Bid No. 88-7 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 purchase of portable generator for sewer maintenance division, bid no. 88-7, as advertised in the official newspaper on April 20, 1988. Present: Thomas Ferber, City Clerk John Thom, Community Services Representative Shirley Evenson, City Manager Representative The following bids were submitted and read aloud: AMOUNT I VENDOR i BID I I I SECURITY I Standard Alternate i I • ( Interstate Diesel I I I I I i I I Products, Inc. i 5% Bid Bond i 21,298.00 i 21,298.00 I Ziegler Incorporated I i 5% Bid Bond I i 30,384.00 I I i 30,491.00 I Flaherty Equipment I i 5% Bid Bond I i 23,644.00 I I i 23,644.00 The City Clerk announced that the bids would be tabulated and considered at the May 9th, 1988 City Council Meeting. Thomas P. Ferber City Clerk F1 LJ 14Z • CITY OF RICHFIELD, MINNESOTA Council Letter No. 119 Agenda May 9, 1988 Issue Statement: Resolution to appropriate an additional $2,000 from Municipal State Aid (MSA) construction funds to State Aid Project (S.A.P.) 157-010-01, Reconstruction of Longfellow Avenue Frontage Road. Background: In the summer of 1985, a portion of Longfellow Avenue was reconstructed. The improvements included paving, curb and gutter and drive aprons. The original project was funded with $180,581.43 of State grant money, and an additional $20,000 was provided through local MSA funds. During construction it was determined that a chainlink fence along the frontage road would need to be replaced. The State has recently determined that the $2,000 cost to replace the fence did not fall within the guidelines of the State grant application. The cost of the fence replacement was not included in the $20,000 MSA allocation. Therefore, it is necessary to request an additional $2,000 of MSA funds for the Longfellow Avenue project. Recommended Motion: Adopt the resolution approving the appropriation of an additional • $2,000 of MSA funds to the Longfellow Avenue reconstruction project. Basis of Recommendation: The state will not approve payment until Council approves the appropriation. Alternative Recommendation: None. Discussion/Decision Mode: This item is scheduled for the May 9, 1988 City Council meeting. Staff is requesting approval at this time in order to close the books on this project. Respec ,,wily submitted, James D. Prosser City' Manager JDP/eja 0 ---'V RESOLUTION NO. RESOLUTION APPROPRIATING ADDITIONAL MUNICIPAL STATE AID CONSTRUCTION FUNDS TO S.A.P. 157-010-01, RECONSTRUCTION OF LONGFELLOW AVENUE FRONTAGE ROAD. n U 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 Thousand Dollars ($20,000) to apply toward the construction of said project on June 10, 1985. Transportation to approve this authorization. NOW THEREFORE, BE IT RESOLVED that the City of Richfield does hereby appropriate from our Municipal State Aid Construction Funds the sum of Two Thousand Dollars ($2,000) to apply toward the construction of said project and request the Commissioner of Adopted by the City Council of the City of Richfield, Minnesota this 9th day of May, 1988. Steven J. Quam, Mayor ATTEST: Thomas P. Ferber, City Clerk 0 CITY OF RICHFIELD, MINNESOTA Council Letter No. 118 Agenda May 9, 1988 Issue Statement: Presentation to the Richfield Chamber of Commerce of a Proclamation Designating May 8-14, 1988 as Small Business Week in Richfield Background: The Richfield Chamber of Commerce has requested the City Council to issue a proclamation in support of Small Business Week in Richfield. Members of the Chamber will be present to accept this proclamation at the May 9, 1988 City Council meeting. Recommended Motion: Present the proclamation designating May 8-14, 1988 as Small Business Week in Richfield. Basis for Recommendation: 1. Small businesses comprise almost 100% of the private • enterprise in the City. 2. The City recognizes that the growth and prosperity of Richfield's small business is essential to the well being of the community. Alternative Recommendation: 1. Present the proclamation at another time. Discussion/Decision Mode: This proclamation has been placed on the presentation section of the May 9, 1988 City Council agenda. Respec ully submitted, Jame . Prosser Cit anager JDP/eja 0 ?(-/ 0 o { i . R r +`?,ti ililf44r ?a ? ° f -'TV ;rrd' ,? ?f+ ftt t -.. > ...! aif f ?,?`? r'r°tr i? `t ?1rd1? 1..,. Jd,Jr f •,i 1 s ?;Jail_..•? ? _ u.i. --?. alf ?... l .yrl?r _ _ 1 CS 0 C F C7 0 CT C O O' O O c W D CD C D P. C) 0 c ? ° CD H N• F' U) c-1' F-r Z O O CD P. U) = CD Z v, << CD 1 H :E " ct cn CD m m W rf 0 CD v, m rt cn -e 0 CT o ?• P. l< cn ;o (c M cn N C: P- M H _0 3 N 00 -t CD Cn OF O rr N O 0 H Fl. N (D 3 a • F, ct CD o N tt m ' O rrta 0- r ? .0) a 3 N• o a o CD - W co P. 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O Cl) rr CD C'7 1-r• CD c-r Z) rt CD 0 H --b H ? w N• cn 0 CD o- - -n w 0 0 as N a r r 0 c H Z m N LI) F m m A H Z H •TI H m r ° a O I F-+ N %0 00 co .o M 0 n r a 3 a -i H O 2 v m N 1.4 O Z D H Z 0) t ?I I - c??ryf frf J y JTf -1 t .t 1. iA ?1: I ? i ?T: CITY OF RICHFIELD, MINNESOTA Council Letter No. 117 Agenda May 9, 1988 Issue Statement: Recognition of Fire Captain Marv Iverson for award by the Richfield Optimist Club. Background: On April 27, 1988, the Richfield Optimist Club presented Captain Iverson with the 1988 Firefighter Friend of Youth Award. The award was given in recognition for Captain Iverson's long involvement with young people in Richfield, as a Cub Scout leader, Litle League and Softball coach, and Explorer Post leader. Recommended Motion: It is recommended that the City Council recognize Captain Iverson for his award. Basis of Recommendation: Captain Iverson's contribution to the betterment of the young people of Richfield is a positive reflection on Richfield city employees, and should be commended. Alternative Recommendation: • None. Discussion/Decision Mode: Captain Iverson is present at the council meeting to be recognized for his award from the Richfield Optimist Club. Respectfully submitted, Jame D. Prosser City anager JDP/sae r? U • CITY OF RICHFIELD, MINNESOTA Council Letter No. 116 Agenda May 9, 1988 Issue Statement: Presentation of Outstanding Citizen Awards for assistance during an assault. Background: On April 12, 1988, four citizens assisted in the care of an assault victim and in the apprehension of the person responsible for the assault. At approximately 9:00 p.m., a 59 year-old woman was attacked by a 26 year-old female. The attack began as a purse snatch and escalated into an assault. The victim received serious injuries. Mr. David Fitzenberger and Mr. Patrick Butler, both Richfield residents, were walking through the parking lot at Best Company when they observed the assault. Mr. Fitzenberger pursued and apprehended the suspect. Mr. Butler remained with, and offered aid to the victim. Samuel Hankins, a member of the U.S. Air Force, Chanute Airforce Base in Rantool, Illinois and Therese Hackenmueller of Minneapolis, also witnessed this crime. Mr. Hankins assisted in the pursuit of the suspect and helped Mr. Fitzenberger in • containing the suspect until the police arrived. While witnessing the assault, Ms. Hackenmueller observed the victim receiving a severe blow to the head and consequently losing a lot of blood. She administered first aid and comforted the victim until Fire Rescue and Para-Medics arrived on the scene. Ms. Hackenmueller also went to the hospital to inquire as to the victim's condition. All four witnesses were extremely cooperative in giving police their statements. Recommendation: The Public Safety Department recommends that these four citizens receive the Richfield Outstanding Citizen Award. Basis of Recommdation: Through the efforts of these individuals, a serious crime was solved and the victim cared for. Citizen involvement like this is essential for police to be effective. 7` Discussion/Decision Mode: Presentation of certificates by the City Council in recognition of their outstanding contribution to the community has been scheduled for the meeting of May 9, 1988. Outstanding citizen recipients are: David Fitzenberger, Patrick Butler, Samuel Hankins and Therese Hackenmueller. Respectfully submitted, Jam D. Prosser Cit Manager JDP/sae C? 0