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02-11-85 agendaCITY OF RICHFIELD, MINNESOTA Office of City Manager Council Letter No. 53 Agenda February 11, 1985 The Honorable Mayor and Members of the City Council City of Richfield Subject: General Revenue Sharing Legislation Council Members: President Reagan has accepted the recommen U.S. Office of Management and Budget directing of general revenue sharing by the end of 1985. of e eral revenue sharing would either reduce provement program or result in higher property the Capital Improvement Program. elation of the the elimination The elimination our capital im- taxes to fund A past history of the use of general revenue funds in the 41 city is as follows: Year Entitlement Use 1980 $151,891 $ 45,000 - Public Safety Patrol $ 45,000 - Wood Lake Ntr. Ctr. $ 61,891 - Improvements to upper and lower levels of city hall 1981 $253,109 $ 22,500 - Public Safety Patrol $ 22,500 - Wood Lake Ntr. Ctr. $208,109 - Public Safety Addition 1982 $220,000 $ 22,500 - Public Safety Patrol $ 22,500 - Wood Lake Ntr. Ctr. $130,000 - Public Safety Addition $ 45,000 - Fairwood Monroe Park 1983 $189,000 $189,000 - Public Safety Addition 1984 $160,000 $ 30,000 - Public Safety Commun- ication Reserve $ 20,000 - Fire vehicle reserve $ 4,500 - City Hall Improvemts. $ 62,500 - Public Safety Addition $ 109000 - Infrastructure Study $ 33,000 - Park land acquisition -2- is 1985 $162,000 $ 25,000 $ 36,400 $ 25,000 $ 45,000 $ 30,000 0 • Forestry Park land acquisition City Hall Improvemts. Fire vehicle reserve Public Safety Communica- tion reserve It is recommended that the City Council authorize the Mayor and City Manager to contact Senators Durenberger and Boschwitz as well as Representative Sabo to request their assistance in passing legislation that would reauthorize general revenue sharing. JGC /eja R pectf y) bmitted , John G �'/Ca right City Manager / league minnesota cities ACTION--ALERT CITIES MUST CONTACT THEIR MEMBER OF CONGRESS AND U.S. SENATORS DURENBERGER AND BOSCHWITZ TO INSIST THAT THE CONTINUATION OF GENERAL REVENUE SHARING THROUGH 1986, AND BEYOND, IS ESSENTIAL. President Reagan has apparently accepted the recommendation of the U.S. Office of Management and Budget directing the ELIMINATION OF GENERAL REVENUE SHARING BY THE END OF 1985. LMC vigorously opposes the elimination of GRS. Members of the Minnesota Congressional Delegation must immediately hear from city officials to urge them to oppose these actions and any efforts aimed at ending the program. Congress will be in recess from February 8 - 18, and city officials should take adv,- ntage of oppor- tunities to meet directly with members of Congress to express strong reaction against the OMB actions that would cut off GRS as early as October, 1985. It is important to stress the impact such a loss would have in your city, especially since many cities rely on GRS revenues to fund significant portions of local services. Any withdrawal of those funds from current budgets would cause immediate hardship and most necessarily result in higher local property taxes in 1986 as well as the withdrawal of needed local programs. The federal government perceives the current fiscal condition of cities as healthy, particularly com- pared with the federal deficit. Therefore, it is necessary for city officials to make members of the Minnesota Congressional Delegation aware of local needs that would be left unmet if GRS funds were withdrawn. LEGISLATION EXTENDING THE GENERAL REVENUE SHARING PROGRAM AT CURRENT LEVELS THROUGH FY 1991 HAS BEEN INTRODUCED IN THE U.S. SENATE. URGE SENATORS BOSCHWITZ AND DURENBERGER TO JOIN AS CO- SPONSORS OF THIS IMPORTANT PROPOSAL FOR CITIES (S. 318). ACTION ON SIMILAR LEGISLATION IN THE U.S. HOUSE OF REPRESENTA- TIVES IS ANTICIPATED. URGE YOUR CONGRESSMAN TO CO- SPONSOR SIMILAR LEGISLATION TO BE INTRODUCED THERE (TO BE AUTHORED BY CONGRESSMEN FRANK HORTON (R -NY) AND ROBERT WALKER (R -PA) CALLING FOR THE REAUTHORIZATION OF GENERAL REVENUE SHARING WHEN IT EXPIRES AT THE END OF 1986). 1 83 university avenue east, st. paul, minnesota 551 01 [81 2] 227 -5800 • • commentary t bAttle Oudg` for _ Ilbeto u .w� gh ts jocal governmen. KA By Neal R. Peirce r. Washington State and local- government lobbyists are aghast at how rapidly the tide seems to be turning against them in the Budget Battle of '85. The Reagan budget for fiscal 1986 eliminates or dismembers programs favored by governors, mayors and county officials — general revenue sharing, urban development action - -grants and the Small Business Ad- ministration. The budget scenarios being discussed by Senate and House leaders also would eliminate those programs. De facto freezes are what the states and localities have been living since the start of the Reagan four years, federal funds flowing to states, cities and counties have de- clined 20 percent in "real" dollar terms. It's been a difficult but bear- able transition. Now the so- called "moderate" Sen- ate Republicans, led by Majority Leader Bob Dole, R -Kan., and Bud - get Committee Chairman Pete evDo- menici, R -N•M., are saying t it defense and Social Security spend- ing are frozen — a politically hard task in itself — it will still be neces- sary to cut $16 billion more in do- mestic programs. Even more ominous, House Speaker Tip O'Nelli, D -Mass„ says. ,.It's time to abolish some federal aid pro- grants for state and local govern- ments, including revenue sharing. It is silliness for Washington to send . money to state and local govern -' ments when it is drowning in red ink. It is time for many of these cities, with their surpluses, and the states, with their surpluses, to pick up" the tab for such programs. The problem with this reasoning is that states and localities have ab- sorbed the lion's share of budget e Cuts during the Reagan years while Social. Security and defense spending ballooned. "States and cities are beingns penal- ized for being fiscally responsible," says Cleveland Mayor George Voino- vich, president of the National League of Cities. "In 1981 -82, we raised taxes and user fees. We cut services. We laid off employees. We balanced our budgets during a time of severe recession." Those hard measures, says Voinovich, have en- abled state and local government the recovery, "to meet the gr owing needs of the homeless, unemployed, hungry, untrained and undereducat- ed " Today, however, the Washington talk is advancing from talk of "deficit sharing" to an even grimmer pre- scription: "whiplash federalism." illustration by Craig Mac,+ntosh The Dole- Domenici proposals in- clude a potential death knell for fed- eral aid to public transit, wastewa- ter- treatment grants, rural housing and sewer subsidies, the Job Corps and the Economic Development Ad- ministration. The community would devel- cpment block gran program be reduced; urban housing programs would be cut to the bone. Local officials shudder most at the idea of terminating the $4.6 billion -a- year general revenue sharing pro - Uan — the cornerstone of "New Federalism" when it was Richard Nixon's program, not Ronald Rea - gan's. The program is one that coun- ties will "tight and the for," says Chester County, Pa., Commission Chairman Earl Baker. "They're the dollars that let you make up for categorical program cuts." The Na- tional Association of Counties, for Minneapoilz Star and Tribune • 0 Wed., Feb. 6, 1985 g2 percent of coon- Most distressed cities are thanks nn example, claims to help the economic revival todaynotes Robert ties use revenue sharing part to federal aid, Secretary needy. Embry, assistant housing A ' nistration. Could states, many now enjoying sur- Fluses. pick up the slack for lost Programs? Theoretically, yes — they have strong tax - raising powers. But they'd invite a virulent; otried a And taxrevolt fever if they for business there's the fierce 1 fear that sharp between states — increases would shatter their com- petitive positions. There are serious equity problems. ;he federal programs help make up for the wide inequalities in state wit, -- ranging from a still-impov- erished Mississippi to a booming Cal- ifornia. And within states, big cities, particularly those with large minor - qtv populations, could suffer severe ly. • during the Carter a m g have large ut all of them, he adds, for poverty populations, are strapped funds and have scant tax leeway. Will states come to their aid? Not a chance, says Embry. Such cit- ies as Baltimore, New Orleans Detroit, he notes, are poorer than then their states, less populous used to be, a ite sta islands wheimingly hewide elector- ates. Most states have proved themselves more socially progressive than the skeptics believed when Reagan's New Federalism made its debut in 1981. still, it's hard to imagine, With federal programs abolished, the J...sr t Legislature coming to Atldn- ta's r is saving New- ark rescue, New Jersey out a ark or even California e bailing strapped Los Ang Voinovich, a Republican mayor, leaves a disturbing reminder for the Washington budget- axers: "There's a mass of people in need out there, living and breathing hu- man beings. We can't close our eyes, because this should be a raring and compassionate country.' And even if compassion is out of vogue, he adds, the economic costs of beleaguered cities and their shat- tered families "could eventually cost us the system. ' , , 1. i CITY OF RICHFIELD, MINNESOTA Office of City Manager Council Letter No. 52 Agenda February 11, 1985 The Honorable Mayor and Members of the City Council City of Richfield Subject: Amendment of Commercial and Industrial Driveway Apron Standards. Council Members: The current city code indicates that "no driveway from private property entering a public street may exceed 20 feet in width. Upon a showing of necessity and public convenience, the council may authorize a greater width." This 20 foot standard is obsolete and inadequate for commercial, multi - family and industrial driveway standards. In order to remedy these deficiencies the following recommendations are transmitted to • the council for consideration: 1. Retain the maximum width for single family and duplex residential driveway apron widths at 20 feet; 2. Establish a minimum driveway width of 26 feet for commercial, multi - family and industrial driveway aprons and establish a maximum width of 32 feet; and, 3. Shift the responsibility for the approval or denial of driveway width deviations from the established standards from the city Council to the city manager. If these amended standards are adopted by the city council they will maintain the uniform standards which were used throughout the street paving program for residential properties, and will also establish a more reasonable set of standards (both minimum and maximum) for commercial, multi - family and industrial driveways as well as provide administrative flexibility and promptness in the determination of the advisibility of deviations. These recommended standards were reviewed by the city's engineering and planning staffs. 40 -2- . It is recommended that the city council direct the city managerl�5ubmit these amendments in ordinance form at a future council meeting for consideration. JGC /eja • • Respectfu y s bmitted, John G. Ca igh City Manager CITY OF RICHFIELD, MINNESOTA Office of City Manager Council Letter No. 51 Agenda February 11, 1985 The Honorable Mayor and Members of the City Council City of Richfield Subject: Resolution Establishing the Number of Terms for Members of Advisory Boards and Commissions Council Member: The city council has established several boards and commissions to serve in an advisory capacity to the city council. Usually, there are more volunteers applying for appointment to these boards and commissions than there are vacancies to fill. In order to encourage change of membership on boards and commissions from time to time, Council Member Priebe has requested that a resolution limiting the number of terms a person may serve on an advisory board or commission be prepared for consideration by the city council. A copy of a resolution which would limit the number of consecutive terms a person could serve to three terms (usually nine years) is attached to this council letter and has been placed on the February 25, 1985 city council agenda for council consideration. JGC /eja • R ectTa�wr7i' bmitted, Aoh G. t City Manager /0 -/ RESOLUTION NO. • RESOLUTION ESTABLISHING THE NUMBER OF TERMS FOR MEMBERS OF ADVISORY BOARDS AND COMMISSIONS WHEREAS, the City Council has established from time to time Boards and Commissions to serve in an advisory capacity to the City Council, and WHEREAS, annually there are usually more volunteers to serve on advisory Boards and Commissions then there are openings to fill, and WHEREAS, it is the policy of the City Council to seek and involve citizens as a way of adding citizen input in the policy process, and WHEREAS, advisory Boards and Commissions are established with a portion of the membership terms to expire each year to afford an opportunity for citizens who have not previously served or may have some break in the continuity of service to be considered for appointment, and WHEREAS, it is desirable to have some membership from time to time to encourage facilitate broad community representation • considerations, ethnic minorities, women, professional, business and technical peop NOW, THEREFORE, BE IT RESOLVED by the City of Richfield as follows: • change in the volunteerism and to including geographic youth, and le. City Council of the THAT it shall be the policy of the city council except as otherwise provided by state statutes and city ordinances to limit the term of any Advisory Board or Commission member to three consecutive terms on the same advisory board or commission unless there are fewer applicants than positions open. If the city council appoints a citizen who has had a break in continuous service on the same advisory board or commission, it shall be treated as a first term appointment. PASSED by the City Council of the City of Richfield this 11th day of February, 1985. John Hamilton Mayor ATTEST: Steven Devich Acting City Clerk CITY OF RICHFIELD, MINNESOTA Office of City Manager • Council Letter No. 5n Agenda February 11 , 1985 The Honorable Mayor and Members of the City Council Citv of Richfield Subject: Repeal Of Water Standby Service Charge For Fire Protection Systems Council Members: For many years the city has maintained a water standby charge assessed against properties with fire protection sprinkler system installations. By ordinance, this annual charge ranges from $30 to $100. When the charge was originally established, it appears that the basis for the charge was that the water supply for fire protection systems was of some measurable value to the property involved. However, in the event of fire, the amount of water required for fire fighting purposes by the Public Safety Department is many times greater than the amount of water needed to control a fire in a property protected by a fire sprinkler system. Therefore, our current standby charge policy would seem counter productive to the efforts of the city to encourage the installation of sprinkler systems. If we compare two hypothetical fires, the validity of abolishing the annual sprinkler system charge becomes more evident. If the fire division uses 50,000 gallons of water to extinguish a fire in a commercial building, the owner pays nothing for the water pumped from fire hydrants, since no one is charged for water used to fight fires. This gallonage is easily reached when we are pumping over 1,000 gallons per minute with our fire apparatus, and we do so in buildings with no sprinkler systems. Sprinklered buildings, on the other hand, might use 20 gallons per minute for 30 minutes, using a total of only 600 gallons of free water. In addition, our manpower and equipment expenses are extremely high for unsprinklered buildings relative to sprinklered ones. Thus, while the sprinklered buildings save the city a deal of money (manpower and equipment), the owner of the sprinklered building is being charged anywhere from $30 to annually for having the built -in safety system, while the of the unsprinklered _building pays nothing for a building out sprinklers. great $100 owner with -2- This type of situation defeats our objective to encourage building owners to convert their buildings to a sprinkler system. The amount collected from the annual fee was $4,730 in 1982, $5,060 in 1983 and $5,393 in 1984. This revenue is not an important revenue source yet it does serve as a cost that discourages building owners from protecting their buildings with a sprinkler system. The cost to the city's water system is a minor cost. A meter reader reads the detector meter on the sprinkler system once a quarter. Water division personnel also exercise (turn on and off) the valves on the service once per year. The Public Safety Department staff believes a substantial public interest can be served by the installation of private fire protection systems in properties throughout the community. The cost to the city of providing fire protection for buildings without automatic sprinkler systems is substantially higher than fire protection costs for buildings with such systems. In future years the expansion of private fire protection systems in the city will directly impact upon the level of public fire protection required to address the potential fire hazard problems in our community. Therefore, any effort by the city to aggressively encourage the installation of private fire protection sprinkler systems would have a very positive long term benefit to all taxpayers. A copy of the ordinance amendment is attached to this council letter. It is recommended that the city council hold the public hearing and approve this ordinance amendment at the February 11, 1985 city council meeting. JGC /eja 40 Respe<&wrigh� bmitted , John City g AMENDMENT TO CHAPTER VIII, PART IV OF THE ORDINANCE CODE OF THE CITY OF RICHFIELD City of Richfield Does Ordain: Chapter VIII, Part IV, Section 8.23 of the Ordinance Code of the City of Richfield entitled "Water Rates" is amended by repealing Subdivision 5 thereof, which provides for an annual fee for standby service for connections to automatic sprinkler systems, and is entitled "Standby Service" and by renumbering the remaining subdivisions of said Section 8.23 accordingly. Passed by the City Council of the City of Richfield, Minnesota this day of , 1985. 0 ATTEST: Sylvia K. Bergh, City Clerk • John N. Hamilton, Mayor CITY OF RICHFIELD, MINNESOTA Office of City Manager Council Letter No. 49 Agenda February 11, 1985 The Honorable Mayor and Members of the City Council City of Richfield Subject: Ordinance Amendment to the Municipal Code Relating to Investigation Enforcement Penalties of the Human Rights Commission, Second Reading. Council Members: When the Human Rights Commission was established in 1969, the Commission was given the authority to investigate discrimination complaints. The commission could also request the assistance of public safety personnel and the city attorney. A few years ago, the Minnesota State Human Rights Depart- ment, established the "No Fault Grievance Procedure" to be utilized by local commissions in dealing with discrimination complaints. The City Council authorized the Richfield Human Rights Commission to use this procedure. The No Fault Grievance Procedure is a process in which the local commission acts as a neutral party in handling complaints. If the local commission is unable to resolve the problem between the complaintant and the respondent, the person initiating the claim in advised by the commission to either file the claim with the State of Minnesota Human Rights Department or to file with a private attorney. Under the No Fault Grievance Process, the local commission does not have the authority to compel both parties to participate in the process, nor does it have the authority to enforce a settlement. The ordinance amendment was recommended to bring the ordin- ance establishing the Human Rights Commission into compliance with the practice that is now utilized. At the January 14, 1985, city council meeting, the city council gave first reading to this proposed ordinance, and scheduled the public hearing for February 11, 1985. It is recommended that the city council hold the public hearing and approve this ordinance amendment. A copy of the ordin- ance is attached to this council letter. e; pect u.k submitted , ohn G: C rtwrig. t City Manager / 0 �f -/ AMENDMENT TO CHAPTER XII SECTION 12.23, SUBDIVISION 6 (A) TO THE ORDINANCE ESTABLISHING THE HUMAN RIGHTS COMMISSION CITY OF RICHFIELD DOES ORDAIN: Chapter XII, Section 12.23, subdivison 6 (a) of the Ordinance Code of the City of Richfield entitled "Investigation Enforcement Penalties" is amended by amending subdivision 6 (a) thereof to read as follows: (a) In addition to the responsibilities conferred upon it by Subdivision 5, paragraph (6) of this section, the Commission may receive and investigate complaints of alleged violations of this section. The process to be used by the Commission in investigating alleged violations shall be the No vault Grievance Process formulated by the Minnesota State Department of Human Rights. �e- te�x- iseae- tai- ee�aesti -zee- �z�- 1aaoee -tea -aee; a�fJ�6 f3f e3 e— �e��A3??3e� —e 4 __a 3 _j??— sf?e- °exi�tie a -e3 r` -3 i a1�e�ed- �139Y2� -}9±? �- zfi2- ??�?;,+e5i� b�•`tt3i°- '.�e-i e��x3�es- �i'3�z- ��eee- ?i9�'f -fie �° a�e�- }e- eeeee-- �e- �e��e�e- z?�e =- saes- e- ya- 13�iee- �3s- aeeae�e� ; -tea ? Reif- �° e�?'.°- 19' ��- �. y.! v�. ��q��_. i�a _��.i ±'}'`!'�- 'td- '�9e- C•��;1_ _:i #�sJro�q�.7r_.ar31° �re�- z�ea- $e- �i�e-- eet!�r,13ss ;ee- Passed by the City Council of the City of Richfield this day of , 1985. ATTEST: Sylvia K. 3ergh City Clerk • Joun name ton -Iayor C7 • CHAPTER XII PART III. COMMISSIONS. 12.23 ESTABLISHMENT OF HUMAN RIGHTS CaMMISSION. Subdivision 1. Scope of Section. It is hereby declared that it is the public policy of this city to fulfill its responsibilities as a partner of the State Department of Human Rights in securing for all citizens equal opportunity in housing, employment, public accommodations, public services and education, and to fully implement those goals set forth in Minnesota Statutes, Section 363.12, Subdivision 1, the Minnesota Human Rights Act. Subd. 2. Establishment of Commission. There is hereby established within the City a Hunan Rights Commission. Subd. 3. F4,rpose of Commission. The purpose of the commission is to secure, for all citizens equal opportunity in employment, housing, public accommodations, public services and education and full participation in the affairs of this community and to take appropriate action consistent with the Minnesota Hunan Rights Act. The commission shall also advise the city council on long range programs to improve human relations in the City. Subd. 4. Composition of the Commission. The commission shall consist of 10 members to be appointed by the council. Members of the commission shall be appointed for terms of three (3) years, except that._(1) any person appointed to fill a vacancy occurring prior to the expiration of the term for which his predecessor was appointed shall be appointed only for the remainder of such and (2) any person appointed as a "youth" member of the commission who is a high school student shall be appointed only for the remainder of any un- expired term for which he was appointed, or until he is graduated from high school, whichever occurs first. Upon the expiration of his term of office a member shall continue to serve until his successor is appointed and shall have qualified. The members of the commission shall serve without compensation and may be removed from office at any time by the council, after a public hearing if a hearing is requested by the member whose removal is being considered. (Bill 1977 -9) 4/11/77 Subd. S. Commission's Responsibilities. In fulfillment of its purpose the commission's duties and responsibilities shall be to: (1) Adopt bylaws and rules for the conduct to its affairs including the election, assumption of duties and definition of responsibilities of officers and committees. (2) Engage in discussions with the State Department of Human Rights for the purpose of delineating cooperative regulatory and enforcement procedures. (3) Enlist the cooperation of agencies, organizations and individuals in the community in an active program directed to create equal opportunity and eliminate discrimination and inequalities. (4) Formulate a human relations program for the city to provide increased effectiveness and direction to the work of all individuals and agencies ad- dressing themselves to planning, policy making and educational prograrT ing in the area of civil and human rights. ORDINANCE CODE 4/11/77 283 CITY OF RICHFIELD, MINNESO (A • 8-3 (5) Advise the city council and other agencies of the government on human relations and civil rights problems and act in an advisory capacity with respect to planning or operation of any city department on issues of civil and human rights and recommend the adoption of such specific policies or actions as are needed to provide for ful-1 equal opportunity in the community. (6) Study, investigate and assist in eliminating alleged violation of Chapter 363 by conference, conciliation and persuasion, and when necessary, cooperate with the State Department of Human Rights in enforcing the provisions of the State Act. (7) Develop such programs of formal and information education as will assist in the implementation of the Minnesota Human Rights Act and foster the commis- sion's assumption of leadership in recognizing and resolving potential areas in the community. Subd. 6. Investigations; Enforcement: Penalties. (a) In addition to the responsibilities conferred upon it by Subdivision 5, paragraph (6) of this section, the Commission may receive and investigate complaints of alleged violations of this section. I-ire Cession ma_y-- regtr- -st the City Manager to direct appropriate personnel of the city to assist in the conduct of an investigation. If, upon completion of the investigation of an alleged violation, the investigator determines that there may be probable cause to believe that such a violation has occurred, he may refer his findings in writing to the City Attorney for appropriate action. Copies of investigation reports shall be provided to the Commission. (b) Minnesota Statutes, Chapter 363 is adopted by reference and :Wade a part of this section as is fully set forth herein. (c) Violas ion of this section is a misdemeanor. (Bill 1974 -22) 11,'12/74 CROSS REFERENCE: See Minn. Stats. Chap. 363 for the "Minnesota State Act Against Discrimination:. 12.24 JOINT POLICE AND FIRE CIVIL SERVICE COMMISSION. Subdivision 1. Single Commission Created. The police civil service commission and the fire civil service commission of the city are combined to form a single commission. Subd. 2. Duties. Such single commission shall serve as both police civil service commission and firemen's civil service commission for the city. Subd. 3. Membership. The joint commission shall consist of three members appointed in the same manner, for the same terms, and with the same qualifi- cations as a police civil service commission under Minnesota Statutes, Section 419.01 to 419.18. To accomplish a transition, however, all members of the two former commissions who terms have not expired are members of the joint com- mission and shall continue to serve as members of the joint commission for the remainder of the terms for which they were originally appointed. Terms of commissioners shall be for three years co =encing on February 1 of the year of appointment. One term shall commence in 1974 and one in each year there- after." The commission shall have four members until February 1, 1974 and three members thereafter. (Bill 1973 -8) 4/23/73 ORDINANCE CODE 4/23/73 284 CITY OF RICHFIELD, MINNESOTA :;�-7 • CITY OF RICHFIELD, MINNESOTA Office of City Manager Council Letter No. 48 Agenda February 11, 1985 The Honorable Mayor and Members of the City Council City of Richfield Subject: Interim Zoning Ordinance Providing for the Preparation of a Plan for the ILN Commercial Study Area and the Imposition of a Temporary Building Permit Moratorium. Council Members: At the December 17, 1984, regular city council meeting, first reading was given to an interim zoning ordinance which would provide for the protection of the planning process in the ILN study area while imposing a temporary building permit moratorium within the area. This ordinance would, however, allow for the issuance of permits for certain types of improvements which would not involve new building construction or expansion, or increase the fair market value of structures by more than 10 %, or intensify traffic or parking problems in the area during the effective period of the ordinance. A public hearing on this ordinance and consideration of second reading is scheduled for the February 11, 1985, meeting. As a part of the process, the establishment of a citizen's committee, composed of area business people and residents as well as other persons representing area wide community interests, is proposed. Contact has been made with area business persons, residents and the Chamber of Commerce relative to recruiting members to serve on this committee. 900 plus letters have been mailed to property owners most affected by the study area. This letter included an invitation to submit their name if interested in serving on the study area committee. If the city council approves the interim zoning ordinance, the staff will present the council with a recommended list of committee members at the February 25, 1985 city council meeting. As indicated previously to the council, events of the last few months suggest that the future physical and financial welfare of the area could be impaired if some action is not now taken. "Piecemeal development" has taken place in the area and additional development is potentially being contemplated for a number of vacant or underutilized parcels within the study -2- area. It is the opinion of the staff that if some of these • developments proceed the problems of blight and incompatible land use will be exacerbated. Positive action at this time represents a unique opportunity for the city council to provide for the rational planned redevelopment of the south central part of Richfield. If this ordinance is enacted, the city staff and consultants would undertake a comprehensive study of the area. The study would address various studies including traffic problems, parking problems, present and future land use patterns, building conditions and financial and economic elements. The boundaries of the study area are the same as those considered by the city council on December 17, 1984. The attached interim ordinance has been amended since the city council gave its first reading approval. Subdivision 2, section 3, which is found in the middle of page 5 of the attached ordinance has been amended. This proposed amendment would permit the city to process licenses, permits, rezonings, platting or land divisions up to the point of, but not including, their actual issuance, if the project or projects would comply with the following criteria: A. The project would involve development or redevelopment in the area which would have an estimated market value in excess of $20,000,000. B. The project involved would be consistent with and complimentary to the development or redevelopment of other adjacent properties within the area. C. The proposed project in the opinion of the city council, would contribute to and accelerate the development or redevelopment of the balance of the area. This amendment would also permit the issuance of any license, permit, rezoning, platting or land division for any project within the study area if the city council removes the project site from the provisions of this ordinance by amendment. (Section 1A of the ordinance which specifically delineates the geographic extent of the study area would have to be amended.) The purpose of this additional provision to the interim ordinance is to provide the opportunity for the city council and staff to consider proposed development plans for the study area, and in particular, the Lyons property, if a significant development plan is proposed that would meet the city's objectives and plans. The provision provides for a process to remove a parcel of land from the study area by city council action of amending this ordinance. -3- • Recommendation The city manager, city attorney and city staff recommend that the city council hold a public hearing on this ordinance and give it second reading and adoption. If affirmative action is taken, the ordinance will become effective 30 days after the date of publication. During the interim period, the resolution relating to the issuance of permits in the ILN area, which was also adopted by the city council on December 17, 1984, will remain in effect until the ordinance becomes effective or April 17, 1985, whichever occurs first. JGC /eja • 40 Respectful bmitted, ohn G. bar ig Tt City Manager • r O ry ry O 2 • • :o= —INTERSTATE_. 00 HIGHWAY NO. 35W Ave < $o. pft Omy AWE so. 3 rrl gn; Am .4. oLwow AM YO. > is AM &o. % w"Aw AWL 7- A z z AWL Z LYNDALE AV �OUTH 13, Z.k T;. KAApwr AWL ITT ­A�l AM z rn NICOLLET AVENUE SOUTH tows CITY OF RICHFIELD w am cl) M W C. co M co �y CD AWL A AVE so. 4h po AWL z rn NICOLLET AVENUE SOUTH tows CITY OF RICHFIELD w am cl) M W C. co M co �y CD C� BILL NO. TRANSITORY ORDINANCE NO. AN INTERIM ZONING ORDINANCE ADOPTED FOR THE PURPOSE OF PROTECTING THE PLANNING PROCESS IN A CERTAIN AREA OF THE CITY, REGULATING, RESTRICTING AND PROHIBITING CERTAIN USES, DEVELOPMENTS AND SUBDIVISIONS WITHIN SUCH AREA. CITY OF RICHFIELD DOES ORDAIN: -)--5 Section 1. The city council of the City of Richfield finds as follows: A. The city is concerned with the proper and more economic use, development and possible redevelop- ment of that area of the city generally referred to as the "Interstate - Lyndale Area ", hereinafter referred to as the "Area ", the boundaries of which Area are more specifically described as follows: All of the property between Interstate • No. 35W and the Minneapolis Northfield Southern Railroad tracks and south of 77th Street with the following ad- ditions: (a) the area west of Emerson Avenue, east of Interstate No. 35w, bet- ween 76th and 77th Streets; (b) in the area between Emerson and Aldrich Avenues, the first parcel abutting the north side of 77th Street; (c) the entire block between Aldrich and Lyndale Avenues south of 76th Street; (d) the east one - half block of the block between Aldrich and Lyndale Avenues and between 75th and 76th Streets; (e) the west one- half of the block between Lvndale and Garfield Avenues, south of Century Court apartments and north of 76th Street; (f) the entire block between Lyndale and Garfield Avenues between 76th and 77th Streets; and (g) between Garfield and Pleasant Avenues, the first parcel abut- ting the north side of 77th Street. B. There are a number of planning and land use issues arising in the Area which require comprehensive planning, among which are the following: 1. The city is deficient in commercial and industrial tax base. Very little un- • • • 7- (11�) developed land remains within the city. The location of the Area is such that with proper planning it has the potential to provide a location for some of the most valuable and desirable commercial and /or industrial development within the city. 2. The Area presently contains tracts of undeveloped or underdeveloped land which cannot be developed to the optimum with- out improving access and improving traffic patterns. 3. The Area may best be developed pursuant to a unified plan and /or in large segments rather than on a piecemeal basis. 4. The Area contains a number of buildings which are aging and appear to be in a deteriorating condition. Some parts of the Area present a poor visual appearance because of such factors as lack of uniform setbacks, unrelated facades, inadequate or inappropriate loading and unloading areas, insufficient parking, excessive land coverage, conflicting traffic movements and other functional inadequacies. 5. Present streets serving the Area do not appear to provide the best access from main thoroughfares to some parcels at the east and west edges of the Area. 6. The Area includes and is bounded by single- family residence districts which are jeopardized or adversely affected by non - residential traffic. There appears to be a need to relocate and redesign streets and other traffic control facilities in and around the Area so as to safeguard such residen- tial areas and so as to minimize existing land use conflicts. 7. Several of the streets in the Area are Of substandard design. It appears necessary and desirable to formulate a long -range master plan for control and movement of traffic within and around the Area. -2- • • 7-7 8. It appears necessary and desirable to avoid further piecemeal development and redevelopment of the Area so as to re- verse the undesirable development patterns which have existed and which now exist within the Area including fragmented land ownership and under - utilization of the land. 9. It appears that there are or may be sub- standard building conditions and unsafe and unsanitary buildings and structures used or intended to be used for indus- trial or other purposes within the Area. 10. It appears that by reason of socio- logical and technological changes, as well as by reason of dilapidation, ob- solescence and the faulty arrangement or design of buildings and improvements in the Area, there is a need for compre- hensive planning and development of the Area. 11. It appears that there is or may be a lack of suitable public facilities, excessive land coverage in some parts of the Area, deleterious land use, and obsolete lay- out of land tracts and developments, requiring planning and redevelopment. 12. The foregoing factors and other factors are found to be injurious to the health, safety, morals and welfare of the citi- zens and property owners of the city and persons occupying property or working and being in and around the Area. 13. The presence of such conditions has caused an impairment of the value of private investments, has threatened sources of public revenues, has deprived the community and its resi- dents of better facilities and job opportunities, and has otherwise ad- versely affected the public welfare. C. There is a need for the formulation of a new comprehensive plan and program for the development and /or redevelopment of the Area. Such plan and program will require intensive 0 study over a number of months. There is a need for an interim ordinance applicable to the Area for the purpose of protecting the planning process and the health, safety MC • • • 7J and welfare of the citizens of the city and to insure that the city and its citizens retain the benefits of the new comprehensive plan and development - redevelopment program for the Area. There is a further need to regulate, restrict or prohibit uses, developments or sub divisions of land within the Area during the planning process, so as to avoid the occurrence of events which will be inimical to the orderly development and redevelopment of the Area in future years. Section 2. During the period that this interim ordinance is in effect, no property within the area shall be developed or redeveloped nor shall any licenses or permits, rezoninas, plattings or land divisions pursuant to Richfield Code of Ordinances, Chapter III, Parts I, IV and VI, be issued by the city for any such development or redevelopment except as provided in Section 3 hereof. Section 3. Subdivision 1. Notwithstanding the limitations, restrictions, and prohibi- tions contained in the foregoing Section 2, the city council may grant permits for development or redevelopment within the Area, but only if it finds that the develop- ment or redevelopment involved will comply with the following criteria: A. The permit will not involve the construction of a new building or the enlargement of an existing building. B. The construction will not materially change the future use, development or redevelopment of the property involved or any adjacent properties. C. The construction fair market value volved by more th will not of the an ten p increase property ercent. the in- D. The construction of the improvement will not intensify traffic or parking problems on the subject property, adjacent properties, or adjacent highways and streets. E. The proposed project or intensify conflic and non - residential Area. -4- will not exacerbate is between residential traffic within the F. Granting of the permit will not make a material difference in or create a serious impediment to the development or redevelopment of the property involved upon completion of the planning process. G. The permit will involve the repair, maintenance or safeguarding of existing structures or the completion of building interior improvements which are necessary to the proper continued utilization of the property pending the planning process. Subd. 2. The provisions of this ordinance shall not prevent the city from processing licenses, permits, rezonings, plattinas or land divisions up to the point of, but not including, their actual issuance if the project or projects involved will comply with the following criteria: A. The project will involve development or redevelopment within the Area which will have an estimated market value in excess of 20,000,000. B. The project involved is consistent with and complementary to the development or redevelopment of other adjacent proper- ties within the Area. C. The proposed project will, in the opinion of the council, contribute to and accelerate the development or redevelopment of the balance of the Area. Subd. 3. Notwithstanding the provisions of the foregoing Subdivision 2, no license, permit, rezoning, platting or land division shall be issued for any project described in that subdivision unless the site for the project is removed from the provisions < this ordinance by amendment to Section Section 4. This ordinance shall remain in effect for a period of one year from its effective date, • provided that in the event the planning process has not been completed within the one year period, its effectiveness may be extended for such additional periods as the city council may by resolution -5- __)-1 -�- / C�) determine to be appropriate, not exceeding a total additional period of eighteen (18) months. Passed by the City Council of the City of Richfield, Minnesota, this day of , 1985. ATTEST: • • City Clerk Mayor CITY OF RICHFIELD, MINNESOTA Office of City Manager Council Letter No. 47 Agenda February 11, 1985 The Honorable Mayor and Members of the City Council City of Richfield Subject: Subdivision Request at 920 - 924 West 66th Street. Council Members: HISTORY In November, 1983, the city council approved a special use permit to allow the construction of a two family dwelling at 920 - 924 West 66th Street. This two family dwelling was constructed by the Richfield Housing and Redevelopment Authority in conjunction with the Hennepin Technical Center. The HRA is now requesting that the city approve a common element residential subdivision of this site. PROPOSAL The total area of the site is 11,822 square feet. There is a street easement for 66th Street which takes up approximately 1,900 square feet of this total area. The net area of the site therefore is approximately 9,922 square feet. The proposed common element residential subdivision would create three lots. There would be a lot under each of the dwelling units and then the remainder of the lot would be the third lot which would be commonly owned. One lot would have an area of 1,378 square feet. The second lot would have an area of 1,280 square feet and the third lot would have an area of 7,264 square feet. ZONING ORDINANCE REQUIREMENTS The city subdivision ordinance in Section 3.55A, allows two family dwellings to be subdivided as proposed if certain conditions are met. A copy of the ordinance is attached for your information. STAFF REVIEW Staff has reviewed the proposed common element residential subdivision provisions against the requirements in the city's subdivision ordinance and found the following: -2- 1. The proposed site is located in a R single family • residential zoning district and the proposed two family dwelling is permitted in that zoning district if a special use permit is obtained. As indicated earlier a special use permit has been approved for the proposed use on the site; • • 2. The total site exceeds minimum city standards for lot area and lot width. The structure on the site meets zoning ordinance requirements for setback lot coverage access and off - street parking; 3. All information required by the subdivision ordinance has been provided except for information on utility easements; and, 4. The proposed common element residential subdivision is consistent with all subdivision requirements. STAFF RECOMMENDATION It is recommended that the proposed common element subdivision be approved subject to the following stipulations: 1. That all utility easements be shown; 2. No owner may remove or alter an intervening common wall separating two units for the purpose of joining such units without amending the plat to permit such joinder. 3. Except to adjust for settling or laterial movement of structures the boundaries between adjoining units may not be relocated without amending the plat; 4. Units may not be subdivided without amending the plat; 5. Common areas or facilities may not be subdivided without amending the plat; 6. In the event that any unit is damaged or destroyed it must be rebuilt to the boundaries of that unit as discribed in the subdivision plan; and, 7. Common areas may not be used for any purpose other than the purposes discribed in the subdivision plan and contained in the plat. PLANNING COMMISSION RECOMMENDATION The Planning Commission on a 7 -0 -1 (Commissioner McDermott abstaining) voted to recommend approval of the subdivision. pectftX11- �iubmitted , ohn G. Ca twright City Manage Subd. 2. Grades, Utilities, etc. As a condition precedent to the approval of the plat of lands located within the city limits, the council may prescribe requirements of the extent to which and the manner in which streets shall be granted and improved, utilities installed, and any other matters reasonably related to the manner in which the area being subdivided or platted shall be developed. Subd. 3. Dedication of Park Land. In appropriate plats or subdivisions to be developed for residential uses, the council may also require that a portion of such land of sufficient size and character be set aside and dedicated to the public for public use as parks and playgrounds. The subdivider may, however, at his option contribute an equivalent amount in cash and all such payments re- ceived by the city shall be placed in a special fund and used only for the acquisition of land for parks and playgrounds. Subd. 4. Contract and Bond. In lieu of the completion of work required as a condition precedent to approval of a subdivision or plat, the council may give approval upon the execution of a contract and bond in form and amount satis- factory to the council, providing for and securing to the city the actual construction and installation of such improvements, utilities and other develop- ments within the period specified in said contract and bond, not exceeding two years. Subd. 5. Public Improvements - Limitation. Except as other -wise provided in this part, no electric or gas distribution lines and piping, roadways, walks, curbs and other similar improvements shall be constructed on any street until the street has been approved by being designated upon a plat or subdivision duly approved and accepted by the council or previously accepted as a public street by the council. Subd. 6. Issuance of Building Permits - Condition. No permit for the erection of any building shall be issued unless it shall be located upon a street or highway giving access thereto which has been duly approved and made a part of the street plan of this city and unless such building conforms to the building line established upon the street or proposed street where it is to be located. No permit for the erection of any building shall be issued unless the building is to be located upon a full width, improved street or highway, and at such an elevation that such building can be served by the municipal sanitary sewer system by gravity flow, unless the permission of the council is first obtained. This provision is applicable to building permits to be issued for any parcel of land whether heretofore or hereafter platted or subdivided. Subd. 7. 3uildinz ?ermits -- Viclaticn of this ?art No building permit shall be issued for the ccnstruction of any building on a parcel conveyed in violation of the provisions of this part. CROSS- REFERENCE: See Chap. III, Par*_ I, Sec. 3.06, for general provisions relating to Building and Construction permits. 3.55A. COMMON EL =NT RESIDENTIAL SUBD 1777SIONS Subdivision 1. Common element residential subdivisions are permitted in the R, `-R -2, ma-3, PR or P -Mt districts of the Cit . (3il'_ 1982 -12) 5/10/82 5/10/82 ORDINANCE CODE 94.1 CITY OF RICHFIELD, MINNESOTA Subd. 2. Additional Submissions. Any applicant requesting a common element residential subdivision shall submit a subdivision plan showing the following: (1) The number and location of each living unit assigning an identifying number to each; (2) The dimensions and - locations of all existing structural improvements and roadways; (3) The intended location and dimensions of all common areas and facilities to be constructed labeled either MUST BE BUILT or ;TEED NOT BE BUILT; (4) The extent of any encroachment by or upon the buildings; (5) The location and dimensions of all recorded easements within the sub- division serving or burdening any portion of the subdivision; (6) The location and dimensions of any limited common areas or facilities; (7) The location and dimensions of the vertical boundaries of each unit and that unit's identifying number; (8) The location and dimensions of the horizontal unit boundaries with reference to assumed datum and each unit's identifying number. The subidivision plan shall become part of the plat and shall contain a certi- fication by a registered professional engineer, surveyor, or architect that the subdivision plan accurately depicts all information required by this subdivision. Subd. 3. Common Element Subdivisions. Special Regulations. All common element subdivisions as permitted by this section shall comply with the following re- quirements: (1) All necessary special use permits and apartment use permits have been or will be obtained prior to the filing of the plat. (2) The proposed development shall meet all requirements established as part of the zoning regulations found in Part IV of city ordinances for the zoning district which the subdivision is to be located in. Subd. 4. Conditions Governing Approval. In approving common element subdivisions the city council shall find that such approval would not adversely affect the public health, safety or general welfare and that the intent and spirit of these regulations would be preserved. In approving common element subdivisions, the council may require that conditions including the following be placed upon the plat, together with conditions which are contained else•.lhere in this part: (1) No owner may remove or alter any intervening common wall separating two units for the purpose of joining such units without amending the plat to permit such joinder; (2) Except to adjust for settling or lateral movement of structures, the boundaries between adjoining units may not be relocated without amending the plat; (2) Units may not be subdivided without amending the plat; (4) Common areas or facilities may not be subdivided without amending the plat; (5) In the event that any unit is damaged or destroyed, it must be rebuilt to the boundaries of that unit as described in the subdivision plan; (6) Common areas may not be used for any purpose other than the purposes described in the subdivision plan and contained in the plat. 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Council Members: The Planning Commission at its January 22, 1985, meeting tabled the consideration of the special use permit until a traffic study has been provided by the applicant at the Commission's next meeting. However, notice of the city council public hearing on the proposal originally scheduled for February 11, 1985, was published in the January 30, 1985, Richfield Sun. It is recommended that council continue the public hearing on this matter until March 11, 1985. JGC /eja • Respectful s omitted, ohn G. ar right City Manager CITY OF RICHFIELD, MINNESOTA Office of City Manager Council Letter No. 46 Agenda of February 11, 1985 The Honorable Mayor and Members of the City Council City of Richfield Subject: Request for Approval of an Amended Planned Unit Development Plan, Final Development Plan, and Special Use Permit - Richfield State Agency. Council Members: The Planning Commission at its January 22, 1985, meeting tabled the consideration of the special use permit until a traffic study has been provided by the applicant at the Commission's next meeting. However, notice of the city council public hearing on the proposal originally scheduled for February 11, 1985, was published in the January 30, 1985, Richfield Sun. It is recommended that council continue the public hearing on this matter until March 11, 1985. JGC /eja • Respectful s omitted, ohn G. ar right City Manager C I T Y O F R I C H F I E L D M I N N E S 0 T A C O M M U N I T Y D E V E L O P M E N T D E P A R T M E N T Item #3 85 -SUP -3 Agenda of January 22, 1985 Planning Commission City of Richfield Subject: Request for Approval of an Amended Planned Unit Development Plan, Final Development Plan, and Special Use Permit- Richfield State Agency Dear Commissioners: HISTORY In September, 1981, the city council approved a planned unit development plan, rezoning, preliminary plat and street vacation for a development on the site bounded by 66th Street, 67th Street, Lyndale Avenue, and Grand Avenue, subject to the stipulation that building materials and all site lighting, landscaping, signing and "buffering conform to city standards. The proposed development by-Richfield State Agency was to ultimately result in 138,000 square feet of bank, office, and commercial space. Of this, 82,000 square feet was to be new construction and 56,000 square feet was to be remodeled space within the existing building. The construction was contemplated to occur in two phases. In the first phase, the existing building was to be expanded and remodeled to bring its gross floor area to 110,485 square feet. The Richfield Bank and Trust was to occupy 70,000 square feet of this space, and 47,378 square feet of the 70,000 square feet being new, earth sheltered construction with new drive -up tellers, parking, and landscaping located on the roof. There was to be 5,000 square feet of new at -grade construction and 17,600 square feet of remodeled space in the existing building. Phase I was to also include 29,650 square feet of leasable office or commercial space. The existing medical building at the northeast corner of the site was to remain as well as four of the existing houses on the southeastern part of the site. Additional surface parking was to be provided on the north and east part of the site. Phase II construction was to remove the four remaining houses, add parking, and add three additional floors of leasable office space to the top of the north half of the existing two -story bank building. A specific date for implementation of Phase II was not specified. In October of 1982 the city approved an amended PUD, Final Development plan and special use permit for the site. The following is a summary of how the amended plan differed from the previous plan. 1. Construction of the earth - sheltered structure to the south of the existing structure and the relocation of the '2- Z drive -up teller facility would no longer occur in Phase I. The existing teller drive'-up facilities would be remodeled and new equipment installed. A 12 x 48 foot manufactured building would be placed on the east end of the existing drive -up facility and would be occupied by bank tellers. The building would have an 8 foot setback from 67th Street right -of -way line. The building would be brick -faced and be on a concrete slab and be connected to utilities (sewer, water, electricity). Its appearance would be similar to the remote banking facility at the'southeast corner of 66th Street and Harriet Avenue. An additional lane would be added to handle campers, vans, and other taller vehicles. 2. Three additional stories would be constructed on the north half of the existing building. This was to occur in Phase II in the previously approved plan. _ 3. The house on the northeast corner of 67th Street and Harriet Avenue would be converted from a residence to an office. 4. The second house north of 67th Street on the west side of Grand Avenue is to be removed instead of remaining until Phase II. This house would be acquired, moved, and renovated by the Richfield Housing and Redevelopment Authority as part of the Vo -Tech housing rehabilitation program. 0 on._ the----west side-of--the building _ .wouldnot be constructed in Phase I. 6. A large area on the eastern edge of the site south of the existing medical offices will not be developed as parking in the first phase as shown in the approved plan. Less parking is required because less floor area would be constructed in Phase I. Less existing parking is also being removed. This area will be maintained as a grass area until Phase II. A landscaped berm would be constructed along Grand Avenue to screen adjacent residential properties. The following stipulations were approved as part of the city's approval of the amended plan: 1. That all permanent parking lot improvements constructed meet city specifications. 2. That all building materials, site lighting, landscaping and sign plans should be submitted to the city staff for review and approval. 3. That the commercial building located at 6637_Lyndale Avenue be removed in Phase I. 4. That the residential structure located at 6645 Harriet Avenue (northeast corner of 67th Street and the previously vacated Harriet Avenue) remain as a residential structure and not be converted to an office structure. 513 5. That all perimeter traffic control and landscaping improvements shown on the Phase I site plan be constructed immediately with the _exception of the traffic- channeling improvements proposed to be constructed at the intersection of 66th and Grand. 6. That all Phase .I improvements including the drive -up facility renovation and the construction of three additional stories on the existing building occur in sequential steps acceptable to both the city staff and the developer. 7. That Richfield Bank & Trust direct their engineering consultant to conduct a traffic study of 67th Street traffic and report back to the council as soon as possible. This study is to specifically address a means of preventing automobile traffic from traveling eastward on 67th Street after departing the drive -in bank facility. Richfield State Agency has subsequently requested that the city approve a revised PUD Plan, Final Development Plan and special use permit to allow a number of changes to be made to the development. The following are the changes anticipated in the development. 1. The previous plan indicated that the area north of the existing bank building would be excavated exposing the basement level of the north side of the building. Commercial store fronts would then be constructed on the north side of the bank building and a parking lot constructed. The proposed plan indicates that a McDonalds restaurant would be occupying the lower level and a 12 foot solarium addition constructed along the north side of the building. Commercial tenants would then be given space on the north end of the first floor level rather than in the basement. 2. A drive -thru service window would be constructed on the northease corner of the space occupied by McDonalds restaurant. 3. The parking layout north of the bank building would be revised. The existing curb out to 66th Street from the former Harriet Avenue and the median break on 66th Street would be closed and a new entrance and median break constructed further east just west of the medical office building. 4. A two story addition on the southeast corner of the bank building would be constructed. The previous plan anticipated a single story addition being constructed in the second phase of the development. 5. Additional parking has been constructed adjacent to Grand Avenue South of the medical office building. The previous plan anticipated this to occur during the second phase of development. 6. The parking layout on the site formerly occupied by KFC has been altered. 7. A small elevator addition constructed on the southwest corner of the medical office building. 8. The overall parking ratio for the development as a whole changes from 4.01 spaces per thousand square feet of gross floor area to 4.15 spaces per thousand square feet of gross floor area. ZONING ORDINANCE REQUIREMENTS 1. Section 3.32 and Section 3.33 sets standards for commercial developments within the city. 2. Section 3.34A sets standards for planned unit development districts. a) Section 3.34A, subdivision 7 indicates that the development of a planned unit development district shall be in substantial compliance with the approved PUD plan, final development plan and any conditions imposed by the council. Compliance shall not be considered substantial if there is (a) more than 10% change in the floor area in any one structure (b) more than 10% change in original approved separation of buildings (c) any change in the orginal approved setbacks from property - -line- s- - -(d -) more than-5% change in the ground area covered by the building or (e) any change in the ratio of off - street parking and loading space to gross floor area in the _building. The proposal indicates that the setback of the building from the north property line would be reduced by 12 feet because of the addition of the McDonalds solarium and the ratio of off - street parking and loading space to gross floor area in the building also changes. Therefore the PUD plan amendment is necessary. b. Section 3.34A, subdivisionl5 indicates that a special use permit is issued by the city for the uses shown in the plan. The development anticipated the development of a restaurant within a bank building however it did not anticipate the development of a restaurant with a drive -up service window such as being proposed. Therefore in accordance with the city's practice of requiring restuarants to obtain new special use permits when drive -up service windows are added a new special use permit is required. 3. Section 4.05, sets standards for off - street parking areas. 0 STAFF REVIEW 1. The proposed changes do not constitute a major change in the development anticipated in theprevious planned unit development plan. The development after the completion of all of Phase two improvements would be substantially the same as indicated in the previous PUD plan. 2. The reduced setback and changed off - street parking ratio would not pose any problems. The setback of the building would still be greater than the minimum requirement in a commercial area and the parking ratio has been increased. 3. The addition of the drive -up window would not result in undo traffic congestion or traffic flow problems either on the site or on adjacent streets. There is sufficient internal stacking space to handle the anticipated traffic. The drive -up service lane is separated from the parking area and would not adversely affect the ability of vehicles to access the parking area. 4. The proposed change in the curb cut location and median break on 66th Street should result in safer conditions. The change provides a greater separation between the median break and curb cut and Lyndale Avenue which should result in safer conditions. Sufficient stacking space in a protected left - turn lane for both the proposed new curb cut and for Lyndale Avenue would be maintained. The proposed change has been reviewed with Hennepin County staff and preliminary approval has been given by the county staff. The layout of the parking lot and the design and location of driveways will channel traffic to and from 66th Street and would not encourage traffic to go through surrounding residential neighborhoods. 5. There will be sufficient parking provided on the site. As indicated previously the parking ratio has been increased over what was approved as part of the previous plan. While the _ addition of a McDonalds restuarant as part of the development would increase the need for parking over other kinds of restuarants, there is sufficient parking located adjacent to McDonalds to handle to proposed usage. The addition of the drive -up service window also would reduce the parking need for the McDonalds restuarant. The uses are separated on the site and sufficient parking located adjcent to the different uses to handle the parking needs. 6. In reviewing the proposed plan staff has identified a potential problem area adjacent to the west side of the bank building. The use of the area is shown as angled parking for 13 vehicles facing the building with a narrow driving aisle servicing these parking stall. In reviewing the plan staff is concerned about sufficient pedestrian ways along Lyndale Avenue. As currently constructed there is a very narrow 5 foot wide sidewalk immediately adjacent to Lyndale Avenue and the Richfield Bank parking area. This sidewalk is to narrow to provide safe pedestrian passage and also to provide sufficient snow storage space in the winter time. The redevelopment plan originally anticipated that the pedestrian way would use the existing sidewalks adjacent to the bank building rather than the pedestrian way abutting Lyndale Avenue. 'However, at the banks request it was decided not to provide the public pedestrian way adjacent to their building. Therefore a sidewalk was constructed within the limited amount of space available at the time. The phase two development in the area anticipates removal of the parking and a drive -thru lane for commercial customers would be maintained. There would be sufficient pedestrian ways maintained in phase two. However, because of the uncertain timing of the phase two improvements, staff has discussed various alternatives with the applicant to provide better and safer pedestrian ways within the area in question. The alternative which seems to have the most potential is to increase the angle of the parking stalls. This would allow for a narrower driving aisle and make it possible for' the city to construct an 8 foot sidewalk through that area which should be sufficient. The increased angle however, would result in the loss of parking stalls in the area. The proposed plan also shows a parking stall within the right -of -way area which should also be removed. It is staff's feeling that a revised parking plan for this area of the site should. be developed and submitted for staff approval. 6. The stipulations placed on the councils previous approval of the plans have or will be met. The plans shows that the commercial building at 6637 Lyndale Avenue remains in phase one. However, discussions with the applicant indicate that this building will be removed at the end of phase one, when the building improvements are completed and tenants can be relocated into the new facilities. STAFF RECOMMENDATION It is recommended that the planning commission approve an amended Planned Unit Development plan and final development plan and special use permit to allow the development shown on the attached plans to occur with the following stipulations. 1. That the parking area immediately to the west of the existng bank building be redesigned by increasing the angle of parking stalls and by eliminating the parking stall on the public right -of -way. A revised design for the area should be developed and submitted for staff approval. 2. That the commercial structure at 6637 Lyndale Avenue be removed at the end of phase one. DATE OF COUNCIL HEARING February 11, 1985 Respectfully submitted, Rick Jopke City Planner RJ /jle e � i `,ik �. Ie iy � r -w...•' s -- -szsar _._.,�►� .�.. �- s MAMN� AYIIYtE -90{ _ . • ----------------- _ e == �.- ,• a i cni►eo ��nu�soun+ - - - - - - a R a ^T_._• _ t JKe �I I • • • • i Vf/ • 17[ P.U.D. UPDATE AND SPECIAL USE PERMIT EXISTING RICHFIELD STATE AGENCY CONDITIONS .. �, . RICHFIELD, MINNESOTA SEPTEMIBER, t 984 a �: X41% , -_I• •� / _mot_ .O _� _A . e SEE :r h° * mok I .'1 .. ...... I •! I! (r • I .I I I h, ir•T+II I (, 1 1 I �lV. �� �Y� I I ' ( I I I I � i � - h.i.�- -�. f -.I I. ! 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RICHFIELD, MINNESOTA a ' / s _ •` - � Pei � AeCfi� �F : ai �\ fat J .; p'33a I a t 1 _ i � w *• _ OQO 'F of IT P g: ij Y 1 S�i _ .yF. .e♦ e , 4 _ _ I -- 't MARmasr Aveiluesoura `e fit 1 i _ 4 ° �I w� 4 f GNAm AvewiLsom" . - � S pr lle r+ — Ae A r s p T • !gil'l ���; gee � way; ewn°e� • e eeniSFi s.w O 3�•A w O • O a i e -• T P.U.D. UPDATE AND SPECIAL USE PERMIT GRADING & RICHFIELD STATE AGENCY w RICHFIELD, MINNESOTA DRAINAGE PLAN `d10S3NNI1N 'aTa:iH3W "�` •�• Nnd 3dvosoNvl ADN30Y 31b1S Q13WHO1>;! .. . 110111tl3d 3sn Ttr)aa ow uvodn 'o•n'd _ y� �y� �`rEg >> • > -'tom CY 1Wi!1 J 1 1 Z J: J W � �O W.� W V KO <�� � ��•�� It! ;N21M HIS i of : � i � f.•' �;,1 . O t , ' M •'� 1I if �` T. ; ..K•... i • • •I I• t/lOS3M1YV 'QT3�•{Jld +. •.»»» ...» �+..+.. ».�.. •..».» 1s6ul V )INYS o13WHOla W 'e ml� AIR IL rI - I; I I s .L: I cw - —�--- I i I � I i .I wl a D uV �Z Nv'Id asviaoold xavN m _ I• t/lOS3M1YV 'QT3�•{Jld +. •.»»» ...» �+..+.. ».�.. •..».» 1s6ul V )INYS o13WHOla W 'e ml� AIR IL rI - I; I I s .L: I cw - —�--- I i I � I i .I wl a D uV �Z I�- ,� ;� i�� • 7 f dlOONNW 'al3bl�M sNOe239 am AON30Y 31VJLS al31-JHOia iff"RE. .. � lwAsa 3Sf11V5aZoNV 3Lvcwn cwd g i u a i w w a Q Z V W N tv co AZ A V z .j aI ii CO M L > W e6 4c 5-0 lz ad fifills-, WOS en Bid PLMAD ul!-111 IA /ij1.1h J 0 * ,1 tt C` 16 • 0 i cn AN, CITY OF RICHFIELD, MINNESOTA :At 4 Office of City Manager r Council Letter No. 45 Agenda February 11, 1985 The Honorable Mayor and Members of the City Council City of Richfield Subject: Variance and Special Use Permit at 1900 West 78th Street Council Members: McCarthy Enterprises has requested a special use permit and variance to allow the expansion of an existing automobile cleaning and preparation structure on the premises occupied by Wally McCarthy Lindahl Oldsmobile at 1900 West 78th Street. The applicant proposes to add a 40' x 58' - 5 bay garage addition onto the existing free standing structure located on the north end of the property occupied by Wally McCarthy Lindahl Oldsmobile. The building is used to clean, polish and service vehicles. The proposed structure would be within 4 1/2 feet of the Logan Avenue right -of -way which deadends at the north end of the site in question. HISTORY The structure proposed for expansion is located on a separate parcel of record. The city approved a building permit for an office storage building on the site in 1962. The site at that time fronted on Logan Avenue and had an address of 7708 Logan Avenue South. City records do not indicate when the conversion of the office storage building to a car cleanup facility occurred. Staff has also been unable to obtain from city records the history of the dedication and /or vacation of Logan Avenue adjacent to this site. ZONING ORDINANCE REQUIREMENTS 1. Section 3.33, subdivision 2, requires that car sales facilities obtain a special use permit prior to locating within a C -2 general commercial zoning district. 2. Section 3.33, subdivision 3, lists conditions which must be met before a special use permit should be granted to a car sales facility. 0 -2- 3. Section 3.33, subdivision 6 and Section 3.32, subdivision 4, lists the setback requirements for structures in C -2 general commercial zoning districts. The setback requirements require that a structure maintain a setback of 40 feet from streets. Because the structure was originally approved having frontage on Logan Avenue staff will continue to apply the ordinance based on that fact. If, however, the structure is considered as a accessory building on the Lindahl Olds site the existing and proposed structure would violate setback requirements for accessory buildings on commercial property. These standards are found in Section 3.39, subdivision 3, paragraph 3 and 6. Because the existing structure would not meet these requirements, it would be considered a non- conforming use and according to city ordinance could not be expanded without first obtaining a variance. 4. Section 3.40, subdivision 6, lists the conditions for granting a variance. 5. Section 3.41, subdivision 5, lists the conditions for granting a special use permit. STAFF VARIANCE REVIEW Staff has reviewed the proposal against the three conditions which must be met for a variance to be granted and found the following: 1. That there are special circumstances or conditions affecting this land not common to other properties or similar districts. It is staff's opinion that there are unique circumstances present on this site. The fact that the site originally faced Logan Avenue and the fact that the street has been vacated are unique cases which would not be found in other areas of the city 2. That the granting of the application is necessary for the preservation and enjoyment of substantial property rights. It is staff's opinion that denial of the variance would not preclude reasonable use of the property. The existing car sales facility and car cleanup facility can continue to be used if the variance is denied. 3. That the granting of the application will not materially__ana adversely a_ ect the health or sa ety of persons residing or working in the neighborhood and will not be materially detrimental to the public welfare or injurious to improvements in the neighborhood. -3- It is staff's opinion that the proposed expansion would not be detrimental to the public welfare. The proposed expansion • would be used to better service existing inventory and would not generate any growth in the business. The proposal would also not generate additional staff need to operate the facility and would not require additional off - street parking for either service customers or employees. The reduced setback from Logan Avenue would not be detrimental. Logan Avenue deadends on the north end of the property and therefore maintenance of the existing setback line would not be critical. The proposed addition would match the setback from the north property line of the existing structure. The area where the proposed expansion would be is blacktopped now and used to store customer service and inventoried vehicles. The vehicles now parked in this area can be accomodated within the expanded garage area. STAFF SPECIAL USE PERMIT REVIEW Staff has reviewed the proposal and found that it would not be detrimental to the public welfare. The proposed structure would meet the requirements for issuing special use permits to car sales lot. There are some building code questions which need to be resolved because of the fact that this structure is on a separate parcel of record and has minimal setbacks. These questions relate to restrictions on such things as doors and other openings in the building. STAFF RECOMMENDATION It is recommended that the variance be denied because the three conditions for granting variances have not been met. How- ever, if the variance is approved it is then recommended that the special use permit be granted subject to the building code issues being resolved. PLANNING COMMISSION RECOMMENDATION The Planning Commission made two separate motions on this matter. The Planning Commission is unable to apply ordinance section 3.39 to this situation because of the unique location of the property and the remainder of Logan Avenue, and therefore cannot determine what the proper requirements would be to recommend granting a variance. However, the Planning Commission unanimously recommends that the City Council consider vacating Logan Avenue South of 77th Street upon proper application by the applicant either jointly with the owners of the Archery Center abutting Logan Avenue or with notice to them. Such a vacation would eliminate the need for a variance and permit the granting of the special use permit. Subsequent to the Planning Commission meeting the applicant has indicated that they do not • want to pursue the street vacation because McCarthy Enterprises no longer owns the property on the west side of the portion of -4- Logan Avenue proposed to be vacated, they need to continue with the variance process. Staff has sent the owners of the Archery Center a letter indicating that the city may be considering vacating the portion of Logan Avenue which abuts their property. The Planning Commission unanimously recommended granting of the special use permit. City Manager Comments The best solution or ideal solution would have been to vacate Logan Avenue south of 77th Street. McCarthy Enterprises has sold on a contract for deed, the adjacent parcel to the north to an attorney. Therefore, if the street were vacated at this time, the vacated street would block an access route from 77th Street to the McCarthy Enterprises. From a city staff and planning commission perspective, the proposal by McCarthy Enterprises meets with the spirit of the desired end result. However, it is the specific provisions of the ordinance that cause the problem. Because the variance request does not meet the three conditions listed for recommending a variance, the planning staff has recommended against the variance. The city manager recommends to the city council that the best solution to the problem since the vacation of Logan Avenue would not help, is to apprve the variance as requested. Approval of the variance would then allow the approval of the special use permit to proceed. JGC /eja Respectful submitted, John G. Kr-tc&ight City Manager �,� << S, �. t.� �i.i.� � �.�_ � -� i . , . S • , _ uj q 77th ST. • �; • 182• Q _ � 9 Wt. JAACLS• c!) Ctrs. CAR CLm— ARCHf:RY { COMM'LB BL.DC: BLAQ . CAU 3a roc . srxss smt+t mAP%— syst smex CARS CAM Q 1 BODY 1 �f cusz � SHOP sm�c 1 is0 sne ssNi 1 1 ! C �Q vs® CARS QrQ 1 1 - r• Masi: SERVICE DEFr.. UNDAHL OLDS. OFFICE s SHOWROOM w -1$TIf . t i so " szstu. Service Road El Proposed Additfan p 45 31 0 iu 0 -4 Cr) w 4 38 34125 i hi I 1 CD! 2A Iz ?I 4 Zj 20 14 I m: OLIVER 7443 as 33 27 co z o m x iii r m > Lill 11 z CA) 0 c Cl) Q m z m > r > r 0 Ox x m m 0 T644 35 p 45 31 0 iu 0 -4 Cr) w 4 38 34125 i hi I 1 CD! 2A Iz ?I 4 Zj 20 14 I m: OLIVER 7443 as 33 27 21 !15 1 09 La W 11 AD ADD, P 1 TION 08 T644 35 26 x0 14 NEWTON m - 4 4 .33 29 23 1- c 0 1. 1 Ir-n 1, g 11 AD ii "'AINDIN i- _1?A 'I����y 2S 2-4 20 1 14 95 z 11 ip. 'I����y "w�i li'll NW Subd. 4. Lot Area and Yard Requirements. The following minimum quit ents apply to all buildings hereafter, erected or structurally altered in a "C•I" district, subject to modifications and exceptions provided in Section 3.39 of this chapter. (i) All single family dwellings shall confora to the requirements of an "R" district as set forth in S4ection 3.30 of this chapter and all multiple family dwellings shall conform to the requirements set forth in Section 3.31 of this chapter. (Bill 1982 -3) 218/82 (2) Front Yard: Each building shall have a front yard of not less than 40 feet, and shall have a greater front yard where required under the pro- visions of Section 3.39-,. Subdivisions 2, Paragraph (2). If the building lot abuts upon more than one street the area between the building and each of such streets shall be regarded as front yard. (Bill 1971 -1) 1/25/71 (3) Side Yard: No side yards shall be required except as follows: (a) On a corner lot adjacent to a key lot in a residential district there shall be a sideyard adjacent to the street of a width equal to not less than one -half the depth required for front yards on the lots to the rear of such corner lots. (b) Along that side of every lot in a commercial district bordering upon property in the "R" or "R -I" district, there shall be a sideyard of not less than 15 feet. (Bill 1982 -5) 2/8/82 (4) Rea_ r_Yard-: There shall be a rear yard in every lot in a "C -1" district equal to 20% of the depth of the lot to a maximum required depth.of 25 feet for such lot, provided that such rear yard may be reduced one foot for each one foot of front yard provided in excess of the minimum requirements for front yard set forth in this code for a "C -1" district and provided that said rear yard must be at least ten feet. No rear yard bordering upon an "R" or "R -1" district shall be used for storage, loading, unloading or similar activities. (Bill 1982 -5) 2/8/82 3".33:... USE REGULATIONS FOR "C -2 "- GEMMAI� CO,%MMCTAL DISTRICT'. Subdivision 1. Permitted Uses. In a General Commercial district, unless otherwise provided in this dhapter, the following uses are permitted: (1) Any use permitted in an "R", "MR", "R -1 ", " -1 ", I" (1) or an "fit -3" district upon compliance with the procedural requirements for such district provided that no one - family, two- famil or multiple- family dwelling shall be constructed in this district without first obtaining a special use permit therefor in accordance with provisions of Section 3.41. (Bill 1982 -3) 2/8/82 (2) Any commercial use permitted in a "C -1" district, subject to the procedural requirements contained in this section. (3) Retail stores and shops, including soda fountains. (4) Financial institutions, telephone and telegraph offices, messenger offices and professional offices. (5) Carpenter, furniture repairing and upholstery shops, book binding shops, dress making shops, shoe repairing or dyeing shops, newspaper and job printing establishments, electrical,-tinsmithing, plumbing, decorating shops, self service laundries and outdoor advertising signs. (6) Tree trimming services provided that such services do not include storage accumulation or keeping of wood or tree trimmings on the premises. (7) Accessory uses and structures incidental to any permitted use, but not including the open storage of equipment or materials. 2/8/82 ORDINANCE CODE 67 CITY OF RICHFIELD, MINNESOTA Subd. 2. Uses b -- Scecial Use Per =ic. ,he following uses shall be 'emitted 0 ^1;• •per _ne -- o^u.a =en: i o :r t ., , _ � a spec al use , e .i� pursuant �o Section 3. -..: -) people are sar-ed _a a;.;:owobiLas .Ut=b le c=ps and cou''rL5 (w) ?locals, vocals, restaurants, cafes, gasoline ser*±ice stations, service station stores, public garages, car sales Lots and theaters. No service station may be converted into a station store without a special use permit for such use issued in accordance with Section 3.41 of this code. (Bill 1973 -21) Z/11/74 (3) Other business uses which are determined by the Council to be of the same general character as the uses enumerated in this section and which will not be obnoxious or decrimental to the area in which they, would be.Located. Subd. 3. Regulations Relating to Gasoline Service Stations_. Public Garages and Car Sales Lots. A special use permit for a gasoline service station, a Public garage or a car sales lot shall not be granted unless the council finds that the proposed use will be -in substantial compliance with the following standards: (a) The use site will not abut a lot which is in an "R" or "R -L" district. For the purposes of this paragraph, a lot which merely adjoins the use site at one corner will not be deemed to abut the site. (Bill 1582 -3) 2/818Z (b) The use will not create undue traffic hazards or craffic con- gestion by reason of the turning movements which vehicles would hake in entering or leaving the site. ` (c) No driveway, at the point it crosses the property line of the site will be within 40 feet of an intersection. An "intersection" as used _. __ia a this paragraph_ mesas the.- paint. of inters.eation of the extended, curb lines if the curbs on the near side of the site, and measurement shall be along such extended curb lines. (d) The station or garage will not display any banners, noisy ribbons or similar attention - distracting or visibility- obscuring devices r. the area in front of building setback lines. (e) iae ni..iaua frontage on any street will be 120 =eet and the aixi --m = area of the site will be 12,000 square feet for a station with four pumps or Less; and stations with more pumps will have sufficient additional frontage area to provide equivalent and sufficient space for servicing vehicles, for off - street parking, for safe vehicular approaches into the station, and for good visibility for pedestrians and drivers. (f) 'No driveway will be flared outward on the boulevard in such a way as to encroach upon the boulevard of adjacent property. (g) The station or garage will comply with the off - street parking, sign construction and other regulations of the city. (h) Any required buffer or screening area will be so constructed as to obstract headlight beams of automobiles on the station property from beaming onto adjacent residential property. (Q Pump islands will not be so close to street or adjacent.property lines as to create the Likelihood o.f encroachment by vehicles upon street r _ht- of -wav, sidewalk areas or adjacent propert;. On! %- one peraarent detache -. ground displa-� s tn, pedestal v-pe na.- be ereczad on the street fron -cage at or :ear the prooer'. - 1i: a adjacent # :o c.he street, except that _i the frontage on t a street s in eaxcass of 2 /s /s2 ORDINANCE CODE 58 CITY OF RICHFIELD, MINNESOTA o_..ar arpl =cania si. n raguiacions. (3.L7 1070 -10) 3/ 3/70 _'P!Y7 I_.c) sl_ a.�ctaror I__::__z_ -,i11 be so dess::ec, ?Laces a..c operated as no: to be a ::__sance _o ad;acant pr-perz:es. (-) station or - araae :s -.J be Located _n a sC,oppLnc- center or other - :za_ raced da alo=e tt, iL will b n a.c.1%iceccural •nar�ony • :Ltn the rest of t:.e center or development. (m) The station or garage will not provide for the outdoor operation of lubrication equipment, hydraulic Lifts or service pits, or the outdoor display of merchandise; but the outside underground storage of gasoline and other petroleum products between pumps, or the temporary display of merchan- dise within 4 feet of the station building is permitted. (a) If the station or garage is not to be located on a county road or state highway, it shall not be operated between the hours of L1:00 p.m. and 6 :00 a.m. of the following day. (o) If the site is at an intersection, provision will be made for an unobstructed area on the site, adjacent to and within 50 feet of the in- tersection, free of vehicles, signs (other than a pedestal sign), displays or other materials which tend to obstruct intersection visibility. Subd. 4. Regulations Relating to Motels, Motels, Restaurants and Cafes. A special use permit snail not be granted for a hotel, motel, restaurant or cafe unless the council finds that the proposed use will be in substantial compliance with the following standards: I. (a) The use will not create undue traffic hazards or traffic con - gestion either on the public streets adjacent to the site or on the parkins areas on or adjacent to the site or on streets adjacent to the site unto which traffic to or from the site is channeled. (b) Adequate provision will be made, through the use of building setbacks, buffer areas, screening, and exterior treatment or placement of the building on the site to avoid noise, glare,.fumes, dust, and any other -- sources° cf= nuisance or- an" oyance to adjacent properties. (c) Adequate provision will bg made through the use.of building setbacks, screening, landscaping, exterior design and placement of the building on the site to avoid noise, glare, fumes, dust and any other sources of nuisance or annoyance to users, or patrons of the facility. 1,. (d) adequate off- street parking space is available for patrons and employees. (e) If liquor is to be sold on the premises (1) of the property abuts upon a main thoroughfare of the city, (2) access to all off- street parking space is from internal driveway systems and is not directly from public streets, and (3) provision is made for well- designed vehicular stacking space allowing for an efficient and orderly flow of traffic from the site onto adjacent main thoroughfares of the city. "Main thoroughfares of the city", as used in this paragraph, means a street designated as a state trunk highway or a service drive adjacent to the state trunk highway, a state aid highway, a county aid highway, a county highway, or a street which is so located as to serve, primarily, commercial development. (Bill 1976 -10) 4/26/76 (f) The proposed facility will provide an aesthetic appearance which will not detract from or conflict with the existing or proposed architectural fora of buildings in the same area. (g) The use will not create an excessive burden on public parks, public open- space, streets, or utilities requiring public services which are proposed to serge Che facilit j. ORDINANCE CODE /26i7b 63.1 CITY OF RICHFIELD, MINNESOTA t �y .— : 0�_A IMW / �.... (h) The proposed development will not conflict with the comprehensive development plan of the city. Subd. 3. Height Regulations. In a "C -2" district no buildin shall hereafter be erected or structurally altered to exceed three stories of 4A feec'*in height, subject to the modifications and exceptions provided in Section 3.39 of this chapter. Subd. 6. Lot Areas and Yard Recuirements. (The same requirements shall be observed for _the "C•2" district as are provided for a "C -1" district in Section 3.32 of this chapter.) (1) Excep.t as provided in paragraph (2) of this subdivision the same minimum'requirements shall be observed for "C -2" district as are provided for a "C -1" district in Section 3.32. (2) A gasoline service station may construct a canopy extended into the building setback-area of the lot on which it is located provided that such canopy complies with the following regulations: (a) It must be designed and constructed-to serve as protection for customers and attendants from inclement weather. (b) It may extend into the front yard area distance of 10 feet, as measured from the centerline of the gasoline pump island closest to the street lot line but in no instance _loser than five feet from this lot Line. X(c) Only one canopy shall -be permitted at each service station, unless it is located on a corner lot. X(d) It shall be designed and constructed as an integral part of the main service station building and shall extend from such building. (e) The canopy shall not be constructed to a height exceeding sixteen feet.. (f) The canopy shall not be designed for use nor shall it be used as a Location for any business or advertising. sign of a permanent or te.porary construction. (g) Lighting located on the canopy shall be designed as an integral part of the canopy providing that fixtures shall not extend below the bottom" surface of the canopy structure and shall be beamed downward. (h) The canopy shall not be. used as the location for lights or lighting fixtures used to illuminate the service station buildin off- street parking areas or other areas not directly beneath the canopy. Flashing lights and rotating lights shall not be located on or attached to the canopy. (i) No canopy, whether it conforms with the foregoing regulations or not, shall be constructed in a location or manner which will block or obscure the vision of automobile traffic on any street adjacent to the service station or,the vision of an automobile entering or leaving the service station. (Bill 1972 -6) 3/13/72 Subd. 7. Pursuant to the provisions of Section 3.40 the council may _grant an exception or an adjustment to any of the requirements of this section where the council finds that the project encourages a more creative and efficient approach to the use of land and to environmental desi -n than is provided under the strict application of the zoning regulations of the city, provided that the project is consistent with the ;urposes of such regulations. (Bill 1972 -6) 3/13/72 3/13/72 ORDINANCE CODE 6S.2 CITY OF RIChFIELD. MINNESOTA �h�crioN 3.39 (2) In anv co=erc -al or industrial district wr.e_e 23o" or more or .the ots is an•- ;,lock located in t:.e same district, exclusi•.e o: :!-.e frontage along the __:e c. a :cr-er lct, :a-e been aerato ore i.provad -c..- bui:..angs of a =: ar3Ctelr =8r�i == d t 2 �aSCriCt, ::-.a .BCI:: per. .rt. :'d:C to i�r the istr.Ct 5. ':all be disregarced in t2 bLOC:: and �.n5t�ad t.'e 'r�?'.a -ard required on each lot in the block shall be of a depth not less c.han the average depth of the front yards on the lots on which are located such existing buildings, provided that the minimum front yard otherwise established by this chapter shall be maintained in any commercial or industrial district facing upon an "V' or 11-1" district. A "block" as used in this paragraph, is the area, regardless of size or shape, which faces a street and lies between the nearest two cross - streets. (3) On a corner lot adjacent to a key lot, the sideyard on the street side of such corner lot shall have a width at least equal to the front yard of such key lot, provided that this regulation shall not reduce the buildable width of the lot to less than 30 feet. (4) A church, library, museum, school or other memorial, institutional, or public building shall have a minimum.side yard of 25 feet on each side adjoining a dwelling or vacant Land. in an "R" or "R -1" district. (Bill 1982 -5) Z /8/82 (3) In determining the depth of rear yard for any building where the rear yard opens into an alley, one -half the width of the alley, but not exceeding ten feet, may, be considered as a portion of the rear yard subject to the following qualifications: (a) The depth of any rear yard shall be reduced to less than ten feet by the application of this exception. (b) If the door on any building or improvement, except a fence, opens toward an alley, it shall not be erected or established closer to the center of the alley than.a distance of 20 feet. _(6) In commercial and industrial districts front and rear yard areas may be used _ for parking, provided that side Bards are maintained adjacent to each use. Subd.. 3. Accessory Buildings. The following requirements apply to all accessory buildings as defined in Section 3.27 of this chapter: (l) Zn case an accessory building is attached to the main building, it sL.all be =ade structurally a part of the wain building and shall comply in all respects wit: :ae requirements of this chapter applicable to the main building. An accessory building, unless attached to and made a part of the main building, shall not be closer than five feet to the main building, except as otherwise provided in this section. Detached accessory buildings shall comply with the following additional requirements: (a) Every foundation, floor, wall, ceiling and roof shall be reasonably watertight, weathertight, rodent proof and shall be kept in good repair; including external appearance. (b) Every window, exterior door and basement hatchway shall be reasonably watertight, weathertight and rodent proof and shall be kept in sound working condition and good repair. (Bill 1981 -14) 8/24/81 (2) A detached accessory building not over one story and not exceeding twelve feet in height ma•: occupy not to exceed thirty percent of the area of any rear yard. 3/2-14/181 OROINANCS COOE 78 CITY OF RICHFIELD, MINNESOTA (3) In the case of an interior lot abutting upon two or more street no detached accessory shall be erected or altered so as to encroach upon the one - fourth of the lot nearest either street or in any case nearer to the �%i established building line on either street frontage. Z (4) In the case of a corner lot abutting upon two streets, no accessory building shall be erected or structurally altered so as to encroach upon the front half of the lot nor so that the building will be nearer to the lot line along the street side of the lot than a distance equal to the width of side - yard on the streetside of the lot; but on a corner lot adjacent to a key lot, no detached accessory building shall be located nearer to the street line of the street upon which the key lot faces than a distance equal to the depth of front yard required on the key lot. A garage with doors opening toward the street shall not be closer than 20 feet to the lot line. (5) In the case of a corner lot abutting on more than two streets, no detached accessory building shall be erected or altered so as to be nearer to the lot line along the street side of the lot than a distance equal to the width of the side yard on the street side of the lot or nearer to any street line of the lot that a distance equal to one - fourth the depth of the lot. (6) No detached accessory building shall be within five feet of the side line of the front half of any adjacent lot except as hereinbefore specifically permitted. (7) No garage with doors facing upon the street shall be within 20 feet of the lot line. (8) The foregoing rules shall not require: (a) Any detached accessory building to be more than 73 feet from any street line bounding the lot.. (b) The street side of any detached accessory building to be nearer to the lot line opposite the street line than 20 feet. (c) A- private garage to be separated from the front. and side lines of ­the-1ot where= the s o e °of *the -front half of the lot is g greater than one foot rise or fall in a distance of seven feet from the established street elevation . at the property line or where the elevation of the lot at the street line is five feet or more above or below the established elevation. Subd. 4. Con_ version of Single Familv Dwellings Prohibited. Notwithstanding any other provisions of this section, a one - family dwelling structure located in an '"W', "C -l" or "C -2" or "I" districts shall not be converted into or used as a two - family or multiple dwelling unless the owner thereof has first obtained a special permit in accordance with the procedures outlined in Section 3.41 of this chapter. (Bill 1982 -3) 2/8/82 3.40. BOARD OF ADJUSTKENT AND APPEALS. Subdivision 1. Creation. The board created in this section is established in conformity with Minnesota Statutes, Section 462.354, Subdivision 2, and the provisions to which it refers. Subd. 2. Council Shall Act as Board; Powers. The council shall serve as the board created in this section. When the council is so acting, it has the following powers: (1) To hear and decide appeals where it is alleged that there is an error in any order, requirement, decision or determination made by an administrative officer in the enforcement of this part of this chapter. 2/8/82 ORDINANCE CODE 79 CITY OF RICHFIELD, MINNESOTA CITY OF RICHFIELD, MINNESOTA Office of City Manager 3 0 Council Letter No. 44 Agenda February 11, 1985 The Honorable Mayor and Members of the City Council City of Richfield Subject: Special Use Permit Request for Restaurant Serving Beer and Wine at 7724 Morgan Avenue Council Members: Mr. Paul Knudson of 601 South Ninth Street, Minneapolis requested a special use permit for a 28 seat deli restaurant and bar serving beer and wine at the Viking Center. The proposed restaurant will be located at 7724 Morgan Avenue South which is in the middle of the existing commercial strip center. Mr. Knudson has leased both the first floor and basement at that address. The proposed restaurant would be located on the first floor and the basement area would be used for dry storage and potential for future expansion of the restaurant. There would �- be no kitchen facilities at this restaurant. The food would be catered in and there would also be a preparation area behind the bar for cold sandwiches. The restaurant will be open for breakfast, lunch and dinner and remain open until midnight or 1:00 AM. The applicant indicated at the Planning Commission hearing held on January 22, 1985, that he also expects to apply for licenses to install a few video games. ZONING ORDINANCE REQUIREMENTS 1. Section 3.33, subdivision 2, lists restaurants as uses which may be allowed in C -2 districts if they are granted a special use permit. 2. Section 3.33, subdivision 4, establishes standards which must be complied with in order to issue a special use permit to a restaurant. A copy of this ordinance is attached for your information. 0 -2- 3. Section 3.41, subdivision 5, indicates that a special use permit shall not be granted unless it is found that the proposal would not be deterimental to the health, safety, morals, comfort, convenience or welfare of persons residing or working in the neighborhood of such use or to the public welfare or injurious to property improvements in the neighborhood. STAFF REVIEW Staff has reviewed the proposal against the standards for restaurants and has found the following: 1. The proposed site is located in the C -2 general commercial district which allows restaurants by special use permit. 2. The proposal is consistent with the city's comprehensive plan which designates the site within a freeway strip area. This allows for high density uses specifically including dining and entertainment. 3. The use will not create undue traffic hazards or traffic congestion on surrounding streets. Access to the site is by either the 78th Street frontage road or from Morgan Avenue. The proposal may result in a slight increase in traffic on Morgan Avenue through the residential neighborhood north of • 77th Street. This increase should not be significant. The off - street parking lot provided for the center is adequately designed to insure safe traffic circulation on the site itself. 4. The proposed restaurant will be located within an existing office /commercial structure. Therefore there should be no problems with setbacks, screening, glare or landscaping. Because there are no kitchen facilities proposed at this time dust and fumes would pose no problem to surrounding property. 5. Assuming that the use of the shopping center as a whole remains predominately office uses rather than commercial uses, and that the number of seats in the restaurant does not exceed 28, the proposal would meet the city's minimum off - street parking guidelines. The center with the proposed restaurant would require 91 parking spaces and 92 are provided. A number of complaints have been received by the city in the past concerning on- street parking and traffic congestion in the area and in the residential blocks north of 77th Street. Parking shortage is a result of heavy demand generated by two large car dealerships and a number of other • -3- commercial operations. If the parking demand'at the Viking Center increases due to changes in uses at the center, the center may not provide sufficient parking. Any overflow parking created by a shortage at the Viking Center would exacerbate the problems in the surrounding area. 6. In order to serve wine on the premises, a restaurant must be located on a main thoroughfare of the city. In this particular case, while a portion of the Viking Plaza Center abuts on the 78th street service road to 494, the space to be occupied by the restaurant abuts Morgan Avenue which would not meet the city's definition of a main thoroughfare. 7. Access to the off - street parking for the center and the proposed restaurant is from an internal driveway system and not directly from public streets. Provision is also made for sufficient stacking space which allows for an efficient and orderly flow of traffic from the site onto adjacent streets. 8. The public safety department has indicated that there are some potential building code related problems that would have to be resolved prior to the issuance of permits to remodel the space into a restaurant. STAFF RECOMMENDATION • It is staff's recommendation that the special use permit be approved with the following stipulations: 1. That wine not be offered on the premises because it does not abut a major thoroughfare. 2. That the special use permit be limited to the first floor area of the restaurant. 3. That seating for no more than 28 persons be provided. 4. That all building code problems be resolved to the satisfaction of the public safety department. PLANNING COMMISSION RECOMMENDATIONS The Planning Commission unanimously recommended that the special use permit be granted as requested with the four stipulations set forth in the staff recommendation. Re ectful omitted, ohn G./Ca twrig • City Manag r 150 feet, two such signs may be allowed by the council on such frontage, subject.to any other applicable sign regulations. (Bill 1970 -10) 3/23/70 (k) All exterior lighting will be so designed, placed and operated as not to be a nuisance to adjacent properties. (1) If the station or garage is to be located in a shopping center or other integrated development, it will be in architectural harmony with the rest of the center or development. (m) The station or garage will not provide for the outdoor operation of lubrication equipment, hydraulic lifts or service pits, or the outdoor display of merchandise; but the outside underground storage of gasoline and other petroleum products between pumps, or the temporary display of merchan- dise within 4 feet of the station building is permitted. (n) If the station or garage is not to be located on a county road or state highway, it shall not be operated between the hours of 11:00 p.m. and 6 :00 a.m. of the following day. (o) If the site is at an intersection, provision will be made for an unobstructed area on the site, adjacent to and within 50 feet of the in- tersection, free of vehicles, signs (other than a pedestal sign), displays or other materials which tend to obstruct intersection visibility. Subd. 4. Regulations Relating to Hotels, Motels, Restaurants and Cafes. A special use permit shall not be granted for a hotel, motel, restaurant or cafe unless the council finds that the proposed use will be in substantial compliance with the following standards: (a) The use will not create undue traffic hazards or traffic con- gestion either on the public streets adjacent to the site or on the parking areas on or adjacent to the site or on streets adjacent to the site unto which traffic to or from the site is channeled. (b) Adequate provision will be made, through the use of building setbacks, buffer areas, screening, and exterior treatment or placement of the building on the site to avoid noise, glare, fumes, dust, and any other sources of nuisance or annoyance to adjacent properties. (c) Adequate provision will be made through the use of building setbacks, screening, landscaping,-exterior design and placement of the building on the site to avoid noise, glare, fumes, dust.and any other sources of nuisance or annoyance to- users, or patrons of the facility. (d) Adequate off - street parking space is available for patrons and employees. (e) If liquor is to be sold on the premises (1) of the property abuts upon a main thoroughfare of the city, (2) access to all off - street parking space is from internal driveway systems and is not directly from public streets, and (3) provision is made for well- designed vehicular stacking space allowing for an efficient and orderly flow of traffic from the site onto adjacent main thoroughfares of the city. "Main thoroughfares of the city ", as used in this paragraph, means a street designated as a state trunk highway or a service drive adjacent to the state trunk highway, a state aid highway, a county aid highway, a county highway, or a street which is so located as to serve, primarily, commercial development. (Bill 1976 -10) 4/26/76 (f) The proposed facility will provide an aesthetic appearance which will not detract from or conflict with the existing or proposed architectural form of buildings in the same area. (g) The use will not create an excessive burden on public parks, public open- space, streets, or utilities requiring public services which are proposed to serve the facility. - 4/26/76 ORDINANCE CODE 68.1 CITY OF RICHFIELD, MINNESOTA r 4 i (h) The proposed development will not conflict with the comprehensive development plan of the city. Subd. 5'. Height Regulations. In a "C -2" district no building shall hereafte be erected or structurally altered to exceed three stories of 40 feet in height, subject to the modifications and exceptions provided in Section 3.39 of this chapter. Subd. 6. Lot Areas and Yard Requirements. (The same requirements shall be observed for the "C -2" district as are provided for a "C-1" district in Section 3.32 of this chapter.) of this subdivision the same (1) Except as provided in paragraph (2) minimum' requirements shall be observed-for "C -2" district as are provided for a "C -1" district in Section 3.32. (2) A gasoline service station may construct a canopy extended into the building setback area of the lot on which it is located provided that such canopy complies with the following regulations: (a) It must be designed and constructed-to serve as protection for customers and attendants from inclement weather. (b) It may extend into the front yard area distance of 10 feet, as measured from the centerline of the gasoline pump island closest to the street lot line but in no instance closer than five feet from this lot line. (c) Only one canopy shall be permitted at each service station, unless it is located on a corner lot. (d) It shall be designed and constructed as an integral part of the main service station building and shall extend -from such building. (e) The canopy shall not be constructed to a height exceeding sixteen feet. (f) The canopy shall not be designed for use nor shall it be used as a location for any business or advertising sign of a permanent or temporary construction. (g) Lighting located on the canopy shall be designed as an integral part of the canopy providing that fixtures shall not extend below the bottom surface of the canopy structure and shall be beamed downward. (h). The canopy shall not be used as the location for lights or lighting fixtures used to illuminate the service station building, off-street parking areas or other areas not directly beneath the canopy. Flashing lights and rotating lights shall not be located on or attached to the canopy. (i) No canopy, whether it conforms with the foregoing regulations or not, shall be constructed in a location or manner which will block or obscure the vision of automobile traffic on any street adjacent to the service station or the vision of an automobile entering or leaving the service station. (Bill 1972 -6) 3/13/77' Subd. 7. Pursuant to the provisions of Section 3.40 the council may grant an exception or an adjustment to any,of the requirements of this section where the council finds that the project encourages a more creative and efficient approach to the use of land and to environmental design than is provided under the strict application of the zoning regulations of the city, provided that the project is consistent with the purposes of such regulations. (Bill 1972 -6) 3/13/72 nROINANCE CODE r 3/13/72 68.2 CITY OF RICHFIELD, MINNESOTA • • C I T Y O F C O M M U N I T Y Planning Commission City of Richfield . R I C H F I E L D D E V E L O P M E N T Item #1 85 -SUP -2 Agenda of 3-5 M I N N E S O T A D E P A R T M EN T January 22,1985 Subject: Special use permit request for restaurant serving beer and wine at 7724 Morgan Avenue South. Dear Commissioners: HISTORY In. August of 1984 Mr. Paul Knudson requested a special use permit to allow the operation of a deli restaurant serving beer and wine. The restaurant was to be located at the southwest corner of the Viking Center at 7746 Morgan Avenue South. At that time. Mr. Knudson proposed a restaurant and bar which would seat 98 people. The planning commmission considered his request and recommended city council denial of the request because it would exacerbate an existing parking problem and increase traffic on residential streets in the area. The city council subsequently denied the special use permit request because of parking, traffic and other neighborhood concerns. Copies of the planning commission and city council minutes are attached for your information. PROPOSAL Mr. Knudson has now requested a special use permit for a 28 seat deli restaurant; and bar serving beer and wine at a different space wihtin the Viking Center. The proposed restaurant will be located at 7724 Morgan Avenue South which is in the middle of the existing strip center. Mr. Knudson has leased both the first floor and basement at that address. The proposed restaurant would be located on the first floor and the basement area would be used for dry storage and potential for future expansion of the restaurant. There would be no kitchen facilities at this restaurant. The food would be catered in and there would also be a preparation area behind the bar for cold sandwiches. ZONING ORDINANCE REQUIREMENTS 1. Section 3.33, subdivision 2 lists restaurants as uses which may be allowed in C -2 districts if they are granted a special use permit. -2- 3 -G 2: Section 3.33, subdivision 4, establishes standards which must be complied with in order to issue a special use permit to a restaurant. Copy of this ordinance is attached for your information. 3. Section 3.41, subdivision 5, indicates that a special use permit shall not be granted unless it is found that the proposal would not be deterimental to the health, safety, morals, comfort, convenience or welfare of persons residing or working in the neighborhood of such use or to the public welfare or injurious to property improvements in the neighborhood. STAFF REVIEW Staff has reviewed the proposal against the standards for restaurants and has found the following: 1. The proposed site is located in the C -2 general commercial district which allows restaurants by special use permit. 2. The proposal is consistent with the city's comprehensive plan which designates the site within a freeway strip area. This allows for high density uses specifically including dining and entertainment. 3. The use will not create undo traffic hazards or traffic 0 congestion on surrounding streets. Access to a site is by " — e -ither -` the -8th Street frontage- road or- from Morgan Avenue. The proposal may result in a slight increase in traffic on Morgan Avenue through the residential neighborhood north of 77th Street. This increase should not be significant. The off- street parking lot provided for the center is adequately designed to insure safe traffic circulation on the site itself. 4. The proposed restaurant will existing office /commercial structure be no problems with setbacks, landscaping. Because there are proposed at this time dust and fume to surrounding property. be located within an therefore there should screening, glare or no kitchen facilities s would pose no problem 5. Assuming that the use of the shopping center as a whole remains prodominately office uses rather than commercial uses and that the number of seats in the restaurant does not exceed 28 the proposal would meet the city's minium off - street parking guidelines. The center with the proposed restaurant would require 91 parking spaces and 92 are provided. A number of complaints have been received by the city in the past concerning on- street parking and traffic congestion in the area and in the residential blocks north of 77th Street. Parking shortage is a result of heavy demand generated by two large car dealerships and a number of other commercial operations. If the parking demand at the Viking -3- 3-7 Center changes due to changes in uses in the center the center may not provide sufficient, parking. Any overflow parking created by a shortage at the Viking Center would exacerbate the problems in the surrounding area. 69 In order to serve wine on the premise a restaurant must be located on a main thoroughfare of the city. In this. particular case, while a portion of the Viking Plaza Center abuts on the 78th street service road to 494 the space to be occupied by the restaurant abuts Morgan Avenue which would not meet the city's definition of a main thoroughfare. 7 Access to the off - street parking for the center and the proposed restaurant is from an internal driveway system and not directly from public streets. Provision is also made for sufficient stacking space which allows for an efficient and orderly flow of traffic from the site onto adjacent streets. 8. The public safety department has indicated that there are some potential building code related problems that would have to be resolved prior to the issuance of permits to remodel the space into a restaurant. STAFF RECOMMENDATION It is staff's recommendation that the special use permit be approved with the.following stipulations: 1. That wine not be offered on the premises because it does not abut a major thoroughfare. 2. That the special use permit be limited to the first .floor area of the restaurant. 3. That seating for no more than 28 persons be provided. 4. That all building code problems 'be resolved to the satisfaction of the public safety department. DATE OF COUNCIL HEARING February 11, 1985 Respectfully submitted, RJ /jle • Rick Jopke City Planner RJ /jle • PLANNING COMMISSION MINUTES JULY 24'1 1484 MEMBERS PRESENT: Chairman Ahlquist, Commissioners Anderson, Luettinger, Kauth, Jensen, McDermott, Quam, Kritzman MEMBERS ABSENT: Commissioners Hoverson, Council Liaison Ludeman STAFF PRESENT: City Planner, Rick Jopke; Planning Intern, Bill Turnblad APPROVAL OF MINUTES M/Krit"wn, VAnderson, to approve the corrected minutes of the June 26th Planning Commission.meetina. ITEM #1, CASE, 84-V-8, VARIANCE, 2813 WMT 66TH STREET Planning Intern, Bill Turnblad, presented the staff report. Commissioner Jensen asked.if Burger King was responsible for maintaining fences for the neighboring properties, and was told that the company was responsible. Commissioner McDermott said it was an extremely poor practice to grant a special use permit to an establishment such as this, when that special use permit forces the neighbors to get variances on their properties. The applicant -did not appear. M/Luettinger, S /Kauth to defer on this item until the applicant arrived, or until the August meeting. Motion carried: 8-0 ITEM #2 CASE 4- SUP -10, SPECIAL USE PERMIT, 7746 MORGAN AVENUE SOUTH Planning Intern Bill Turnblad presented the staff report. Commissioner Quam asked if restaurant expansion would cause the site to not meet parking requirements. He was told that any expansion would cause the site to have less than the required number of spaces. Paul Knudson, applicant, appeared to speak for his proposal. He said that the restaurant would serve the neighborhood and businesses, providing a lunch -hour and peak hour eating establishment. • -2- Thomas Lee; 7634 Morgan Avenue South; appeared to oppose the special use Permit. He said the area already has a parking problem, as indicated by the customers who use the Canine College in the area, and park on residential streets. The site would also increase traffic on Morgan Avenue, which is a residential street. Elmer Sivert, 7641 Newton Avenue South, also appeared to oppose the special use permit. Ernie Lindstrom, representing Henry Rigett, owner of the Diplomat Apartments at 77th and Oliver, appeared to say that the tenants in those 48 units are opposed to the issuance of a special use permit for a restaurant. M/Luettinger, S/Jensen to close the hearing. Motion carried: 8-0 Commissioner Luettinger said that this area already has a parking problem, and that the issuance of this permit would exaggerate traffic and parking problems in this area. M/Luettinger, S/Kauth to recommend would exacerbate an ex s� tin'— rki; residential streets in the area. o Motion carried: 8-0 • Planning Intern Bill Turnblad presented the staff report. it Dianna Krogstad, representative of the Day Activity Center, 2730 East 313t Street, appeared to speak for her request. She said they are- willing to comply` with fire and safety codes, and would like to move from their present site on 70th and Lyndale Avenue South. Commissioner Quam asked Krogstad why the organization was moving, and was told that the Central site is accessible to handicapped, and that the cost of expansion at Oak Grove Lutheran would be cost- prohibitive. Commissioner McDermott asked how many vehicles per day would be using the site, and was told that four vans transport the adults at the beginning and end of the day. M/Kauth, S/Kritzman to close the hearing. Motion carried: 8-0 M/Jensen, S /Anderson to recommend approval of the special use permit with the stipulation that the maximum number of clients be limited to 50. • 112 G1 CITY COUNCIL MINUTES 3 -/6 AUGUST 27, 1 984 item #5 COUNCIL CORSTMA71ON-07 E 1 A c A AM AVENUE BETWEEN 65TH AND 66TH STREET. (SECOND READING) C.L. 298 City Manager Cartwright stated that the street vacation would enhance the site and add open space to the area. He also mentioned that the street vacation will make the area safer because vehicles and pedestrians will enter intersections controlled by traffic signals, whereas the Graham Avenue intersection with 66th Street does not have a traffic signal. Mr. Dick Krier, representing Market Plaza Corporation, spoke and presented site plans of Market Plaza, which included the proposed vacation of Graham. Avenue. Mr. Krier addressed the traffic flow in the area and stated that the commercial mall parking lot will be designated semi- public. Mayor Hamilton mentioned that he serves on the Board of Directors at Lake Shore Drive Condominiums-and that the Board Members are- unanimous in_ support of the vacation_ of Graham Avenue. Mr. Larry Wczniczka,_ 6744 Wentworth Ave. So., asked why is the vacation being requested now? Mayor Hamilton and Ivan Ludeman responded that Market Plaza needs the improvement for marketing their project. Mr. Wozaiczka was also concerned about proper maintenance of the-new-areal landscaping, and public access through private property, especially in winter. Mr. Krier responded that it would be the responsibility of the Homeowner's Association at Woodlake Point, not the City of Richfield, to follow through on_ snowplowing of their sidewalks. Mr. Wozniczka also discussed the tax increment equity of this particular project. M /Ludeman, S /Bunce to close the hearing. Motion carried 5 -0. M /Ludeman, S /Bunce to approve the vacation. of Graham. Avenue on Second Reading. Motion. carried 5 -0. Item #6 COUNCIL TO OPERATE AoRESTAURANTU U SERVING WINE AND BEER AT PERMIT T 7746 MORGAN AVENUE C.L. 297 Mayor John. Hamilton introduced this item and referred it to the City Manager. Manager Cartwright indicated that the city's chief concern centers around the parking issue. The parking shortage is a result of 'heavy demand generated by two large car dealerships and a number of other commercial operations In the area. • • .. -4- 3-/1 The applicant, Mr. Paul Knudson, spoke to the council on behalf of his Special Use Permit request. Mr. Knudson. stated that neighborhood businesses are overwhelainsly supportive of his restaurant proposal, especially their employees. Mr. Knudson also stated that opening his restaurant would create ,fobs within. Richfield and that 50p of the users of his service could walk to the restaurant. He further stated that he wished to operate a neighborhood tavern serving low to medium priced food. ` Mayor Hamilton then stated that his concern centers around provision of Liquor sale near a residential neighborhood. Council-Member Martin. Kirsch expressed concern.. for traffic levels and off - street parking, stating that employeez ofthe dealership are presently forced to park on 78th Street or on side streets. Residents on Morgan Avenue that Council Member Kirsch spoke with are not supportive of this proposed restaurant. Council Member Bunce stated that we don't wart to discourage businesses. Council. Member Priebe said that the site is C -2, which is a general commercial district and that this type.of business will generate-traffic. Council Member Priebe went on to say that restaurants don't generate nearly as much traffic as do some other business. types. Mr. Knudson offered to reduce the•31ze of his restaurant by 500". Council Member Ludeman stated that the council does not have specific enough information upon which to act.on the revised proposal this evening. Mr. Ludemar. advised Mr. Knudson to submit his revised. proposal to the Planning Commission and to the City Council. At Mayor Hamilton's request, Thomas A. Morgan., Jr., Director of Public Safety, spoke regarding the proposal_ Mr. Morgan expressed his- concerns about-the- inadequacy of parking and went an to say that live entertainment and liquor service are being proposed for the future. City Planner Rick Jopke - further added that any restaurant needs a. Special Use Permit in order to operate in the City of Richfield. Mr.. Jim Bergen, 7627 Oliver Ave. S., spoke in opposition to Mr. Knudson's restaurant proposal. M /Bunce, S /Kirsch to close the 'hearing. Motion. carried 5 -0. M /Kirsch, S /Ludeman to deny the Special Use Permit request. Motion to deny carried 5 -0. Item #7 COUNCIL CONSIDERATION OP A REQUEST TO RECONSIDER D NZAL OF A PERMIT TO LOCATE A BILLBOARD AT 7609 -13 LYNDALE AVENUE. C.L. 304• A request by Naegel.e to remove a roof sign and erect a ground sign at the City Council meeting on August 14, 1934, was denied. The Naegele Advertising Company has requested the City Council to reconsider this item. ea suca = roncage, subject cc any other applicable sign regulations. (B-611 1970 -10) 3/23/70 (k All exterior li_htin; %611 be _o essigne_, ?laced an r •aa � d ope_a_ -- as nc_ to ba a n::isanc_ to ail avant o_ope_:.as. ' (l _f c a sca : :oa or _ara_e _s .o -ba located a szopptna cancer Or Other i:Zt3_raC2d revel0pment, I: will be in arC �teCt::ral ^ar^...ony with the rest of the center or development. (m) The station or garage will not provide for the outdoor operation. of lubrication equipment, hydraulic.lifts or service pits, or the outdoor display of merchandise; but the outside underground storage of gasoline and other petroleum products between pumps, or the temporary display of merchan- dise within 4 feet of the station building is permitted. (n) If the station or garage is not to be Located on a county road or state highway, it shall not be operated between the hours of 11:00 p.m. and 6 :00 a.=. of the following day. (o) If the site is at an intersection, provision will be made for an unobstructed area on the site, adjacent to and within 30 feet of the in- tersection, free of vehicles, signs (other than a pedestal sign), displays or other materials which tend to obstruct intersection visibility. Subd. 4. Regulations Relating to Hotels, `ictels, Restaurants and Cafes. A special use permit shall not be granted for a hotel, motel, restaurant or cafe unless the council finds that the proposed use will be in substantial compliance with the following standards: .7. (a) The use will not create undue traffic hazards or traffic con - gestion either on the public streets adjacent to the site or on the parking areas on or adjacent to the site or on streets adjacent to the site unto which traffic to or from the site is channeled. (b) Adequate provision will be made, through the use of building . setbacks, buffer areas, screening, and exterior treatment or placement of the.- building on the site to _avoid noise, glare, fumes.., dust, and any other sources of nuisance or annoyance to adjacent properties. (c) Adequate provision will -be made through the use of building setbacks, screening, landscaping, exterior design and placement of the building on the site to avoid noise, glare, fumes, dust and any other sources of nuisance or annoyance to users, or patrons of the facility. s. (d) Adequate off - street parking space is available for patrons and i e.'*p loyees . (a) If liquor is to be sold on the premises (1) of the property abuts upon a main thoroughfare of the city, (2) access to all off- street parking space is from internal driveway systems and is not directly from public streets, and (3) provision is made for well- designed vehicular stacking space allowing for an efficient and orderly flow of traffic from the site onto adjacent main thoroughfares of the city. "Main thoroughfares of the city ", as used in this paragraph, means a street designated as a statd trunk highway or a service drive adjacent to the state trunk highway, a state aid highway, a county aid highway, a county highway, or a street which is so located as to serve, primarily, commercial development. (Bill 1976 -10) 4/26/76 (f) The proposed facility will provide an aesthetic appearance which will not detract from or conflict with the existing or proposed architectural form of buildings in the same area. (g) The use will not create an excessive burden on public parks, public open- space, streets, or utilities requiring public services which are proposed cc serve the facility. . ORDINANCE CODE 1/26/76 6a,1 CITY OF RICHFIELD, MINNESOTA (h) The proposed development will not conflict with the comprehensive A development plan of the city. I Subd. 5. eight- Regulations. In a "C -2" district no buildin, shall herea_ ter be erected or structurally altered to exceed three stories of Meet in height, subject to the modifications and exceptions provided in Section 3.39 of this chapter. Subd. 6. Lot Areas and Yard Requirements. (The same requirements shall be observed for the "C -2" district as are provided for a "C -1" district in Section 3.32•of this chapter.) (1) Except as provided in 'paragraph (2) of this subdivision the same minimum'requir.ements shall be observed for "C -2" district as are provided for a "C -1 " district in Section 3.32. (2) A. gasoline service station may construct a canopy extended into the building setback-area of the lot on which it is located provided that such canopy complies with the following regulations: (a) It must be designed and constructed to serve as protection for customers and attendants from inclement weather. (b) It may extend into the front yard area distance of 10 feet, as measured from the centerline of the gasoline pump island closest to the street lot line but in no instance Moser than five feet from this lot Line. -Ac) Only one canopy shall be permitted at each service station, unless it is located on a corner lot. X(d) It shall be designed and constructed as an integral part of the main service station building and shall extend from such building. feet.- (e) The canopy shall not be constructed-to a height exceeding sixteen (f) The canopy shall not be designed for use nor shall it be used as a location for any business or advertising sign of a permanent or ter - porary construction. (g) Lightin€ located on the canopy shall be designed as an integral part of the canopy providing that fixtures shall not extend below the bottom surface of the canopy structure and shall be beamed downward. (h) The canopy shall not be used as the location for lights or lighting fixtures used to illuminate the service station building. off - street parking areas or other areas not directly beneath the canopy. Flashing lights and rotating lights shall not be located on or attached to the canopy. (i) No canopy, whether it conforms with the foregoing regulations or not, shall be constructed in a location or manner which will block or obscure the vision of automobile traffic on any street adjacent to the service station or the vision of an automobile entering or leaving the service station. (Bill 1972 -6) 3/13/72 Subd. 7. Pursuant to the provisions of Section 3.40 the council may grant an exception or an adjustment to any of the requirements of this section where the council finds that the project encourages a more creative and efficient approach to the use of land and to environmental design than is provide4 under the strict application of the zoning regulations of the city, provided that she project is consistent with the ;urposes of such regulations. (Bill 1972 -6) 3/13/72 ` 3113/72. ORDINANCE COOP 6S.2 CITY OF RI*4FiELD. MINNESOTA SITE PLAN • 7724 MORCaAN AVENU w w 3!l —_ I m ir LLI co - - -- ; O fir•:::;:: [MA „ f S � FRONTAGE ROAD . '� ! . 1 ; R �� � t. .�. -- - - - -._ ._ . _ _ _ � �. ,. (� ))�� t �. r. �� ,.. c. �; � . � i �• .. '�� ��'' �,� i � �I _. S _ i _^�.�1 �� � r �� — — - x .��i t ..... ,,�.:. ��� `./, -Y �.�.�� __ _�:: • `.�..r 1 j co z O O C r m M > X x F w v o c m CA z I m a > n O m v n a r Py CITY OF RICHFIELD, MINNESOTA Office of City Manager Council Letter No. 43 Agenda February 11, 1985 The Honorable Mayor and Members of the City Council City of Richfield Subject: Request for Illuminated Sign Permit, 7645 Nicollet Council Members: DeMars Sign Company has requested two advertising permits for signs to be located at Video Update, 7645 Nicollet Avenue. One sign will be a 10' x 6' illuminated wall sign and the other sign will be a 10, x 2' illuminated wall sign, both with constant illumination. City of Richfield ordinance code 3.49, subdivision 19, Illuminated Signs, provides that city council approval is required for illuminated signs. The signs conform to all ordinance provisions pertaining to signs of this nature and it is recommended that the permits be approved. JGC /eja it Respectfulj)s4mitted, Gd.2 onn G. Car wright City Manager ;� Y.e �J y X• CA`y r ni Sri ,y1 "'i3� 4 �W ,v r • a ti I I -�) - // I a2-,,,, CITY OF RICHFIELD, MINNESOTA Office of City Manager Council Letter No. 42 Agenda February 11, 1985 The Honorable Mayor and Members of the City Council City of Richfield Subject: Establishment of Parking Regulations for 66th Street from Newton Avenue to Xerxes Avenue and Penn Avenue from 65th Street to 67th Street Council Members: Hennepin County has requested that the City Council pass a resolution declaring the parking regulations to govern the 66th Street and Penn Avenue reconstruction project areas will be implemented once the projects are completed. Previous city council action has established that parking be allowed on the west side of Penn Avenue from 66th Street to 67th Street in a separate parking bay. The attached resolution would establish "No Parking Anytime" regulations on both sides of 66th Street from Newton Avenue to Xerxes Avenue and both sides of Penn Avenue from 65th Street to 67th Street except on the west side of Penn Avenue from 66th Street to 67th Street, where the parking bay will permit parking. This project is scheduled for construction in 1986. Staff from the Department of Community Services have presented this parking restriction plan to property owners during public informational meetings held during the last several years. The staff recommends that the city council pass the attached resolution to establish these parking regulations. JGC /eja 11 Respectfu' :rigaghtl bmitted, 1 John G. Car City Manager ,qg -/ RESOLUTION NO. RESOLUTION ESTABLISHING PARKING REGULATIONS FOR 66TH STREET BETWEEN NEWTON AVENUE AND XERXES AVENUE AND PENN AVENUE BETWEEN 65TH STREET AND 67TH STREET WHEREAS, design layouts have been approved for the reconstruction of 66th Street between Newton Avenue and Xerxes Avenue and Penn Avenue between 65th Street and 67th Street (City Projects 792 and 780, Hennepin County Projects 8056 and 8027); NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield, Minnesota: 1. That "No Parking Anytime" regulations will govern both sides of 66th Street between Newton Avenue and Xerxes Avenue. 2. That "No Parking Anytime" regulations will govern both sides of Penn Avenue between 65th Street and 67th Street except on the west side of Penn Avenue between 66th Street and 7th Street where a separate parking bay will be provided. 3. That these regulations will be effective when the reconstruction projects are completed. Adopted by the City Council of the City of Richfield, Minnesota this 11th day of February, 1985. John Hamilton, Mayor ATTEST: Sylvia K. Bergh, City Clerk • CITY OF RICHFIELD, MINNESOTA • Office of City Manager Council Letter No. 41 Agenda February 11, 1985 The Honorable Mayor and Members of the City Council City of Richfield Subject: Consideration of Appointment to Sister City International Committee Council Members: There are still two vacancies on the Sister City International Committee. These vacancies are for three -year terms which will expire January 31, 1988. Attached to this council letter is a copy of an application which was received from Paul Meehl who has expressed an interest in being appointed to this committee. This appointment has been scheduled for city council consideration at the February 11, 1985 city council meeting. JGC /eja • pectfu 'y abmitted, n Gr Ca twrigh 6'oh ity Manage / • • DATE CITY OF RICHFIELD COMMISSION /COMMITTEE A?PLICATICN FORM NAME -L Last First Middle HOME ADDRESS PHONE Home Business APPOINTMENT PREFERENCE: Advisory Board of Health Civil Service Commission Community Services Commission Energy Awareness Commission Fourth of July Ccmittee Human Rights Commission Planning Commission Senior Citizens/Handicapped Commission Sister City international Other Briefly list aspects of your experience which you believe qualify you for this advisory commission and why you are interested in serving: -4 'T �7 CIVIC, PROFESSIONAL AND COMMUNITY ACTIVITIES: 1, J." 7 /"7, , J-- REFERENCES (OPTIONAL) 5;' f, r' 4:-- L 3 i? OCCUPATION: Return to City Manager's Office, 6700 Portland Ave., Richfield, MN 55423 Complete in Black Ink or Type,.,orriter r. f V CITY OF RICHFIELD, MINNESOTA Office of City Manager Council Letter No. 40 Agenda February 11, 1985 The Honorable Mayor and Members of the City Council City of Richfield Subject: Planning Commission Support for the Interim Zoning Ordinance (Moratorium) for the ILN Study Area Council Members: After the planning commission's special meeting with the City Council on February 4, 1985, the commission met to consider making an official recommendation on the subject of an interim zoning ordinance for the Interstate /Lyndale /Nicollet (ILN) study area. The following recommendation was made subsequent to the holding of a public hearing on the subject by the Planning Commission on January 22, 1985• The motion was as follows: The Planning Commission would like to indicate to the city council that it favors the preparation of a compre- hensive study for the ILN area and is of the opinion that a moratorium on the issuance of building permits during the conduct of the study would be in the best interest of the area, and the commission would further like to encourage the input of area residents and business persons during the study preparation process. M /McDermott, S /Jensen and approved by a 9 -0 vote. This motion has been placed on the February 11, 1985 city council agenda for council acknowledgement and acceptance. JGC /eja • Respe<Catwr bmitted, 114, If John City • 11 CITY OF RICHFIELD, MINNESOTA Office of City Manager The Honorable Mayor and Members of the City Council City of Richfield '�Z) Council Letter No. 39 Agenda February 11, 1985 Subject: Council Acceptance of HRA ILN Position Statement Council Members: At the January 21, 1985, Housing and Redevelopment Authority meeting, the HRA adopted a Position Statement which: endorsed the concept of placing restrictions on the issuance of building permits to provide an opportunity for the formulation of a long - range plan for the ILN study area; endorsed the implementation of a comprehensive plan for this area; endorsed the concept of a committee to work with the city staff during the planning period; and, agreed to designate a board member to be the official liaison to the citizen, committee. A copy of this Position Statement is attached to this council letter. This matter is placed on the February 11, 1985 city council agenda for council acceptance of the Position Statement. JGC /eja Respectful,l -y s bmitted , Bohn G. Car wright City Manager / ,-,W, _/ ILN POSITICPJ STATEMENT HOUSING AND REDEVELOPMENT AUTHORITY January 21, 1985 1. The HRA endorses the concept of placing restrictions on the issuance of building permits to provide an opportunity for the formulation of a long range plan for the ILN study area. The plan is necessary to deal with the problems existing in the area and to allow for the realization of future opportunities. Problems presently existing in the area in- clude undeveloped and underdeveloped parcels which can only be developed to their optimum with improved access and traffic patterns. Buildings in the area are aging and appear to be deteriorating and present a poor visual image. Loading and unloading areas are poorly located. Parking is insufficient. Conflicts exist between the residential area and the commercial area. 2. The HRA is prepared to pursue the implementation of a comprehensive plan and is prepared to cooperate with the City council and Planning Commission in the preparation of the plan. 3. The HRA endorses the concept of a committee of residents, business and property owners appointed by the City Council from within and without the planning area to work with staff during the planning period. . u. The HRA will designate a board member to be the official liaison to the citizens' committee. The Executive Director is requested to make the position of the HRA known to the Planning commission and the City Council as they discuss the need to I ormulate a long range plan for the area. l__.-, , � • CITY OF RICHFIELD, MINNESOTA Office of City Manager Council Letter No. 38 Agenda February 11, 1985 The Honorable Mayor and Members of the City Council City of Richfield Subject: Resolution to Set the Date for the Assessment Hearing for City Project No. 793, 1984 Alley Paving Council Members: On January 14, 1985, the Richfield City Council passed a resolution declaring the cost to be assessed and ordering the preparation of the proposed assessment roll for C.P. 793, 1984 Alley Paving. The proposed assessment roll has been prepared by the city staff and filed for public inspection. The cost for a residential property is $18.07 per assessable foot, for a total assessment of $903.50 for a typical fifty foot lot. The original estimate was $19.75 /foot. It is recommended that the city council pass the attached resolution which sets the date for the public hearing on the proposed assessment for the March 11, 1985, city council meeting and ordering the publication and mailing of the appropriate legal notices. JGC /eja spectfu'Ely( ubmitted , John G. 5a a twrigh City Manager ,--,? (Z - / RESOLUTION NO. RESOLUTION FOR HEARING ON PROPOSED ASSESSMENT FOR CITY PROJECT NO. 793 - 1984 ALLEY PAVING WHEREAS, by resolution passed by the council on January 14, 1985, the city clerk and city engineer were directed to prepare a proposed assessment of the cost for the reconstruction and the concrete paving of the following alleys: Alley Between Clinton and FourEE Avenue Xerxes and Washburn Avenue Xerxes and Washburn Avenue Washburn and Vincent Avenue Augsburg and Garfield Avenue Blaisdell and Nicollet Avenue Grand and Pleasant Avenue Sheridan and Thomas Avenue Bryant and Aldrich Avenue Sheridan and Russell Avenue Sheridan and Russell Avenue Harriet and Garfield Avenue Sheridan and Russell Avenue From 6 th Street 69th Street 67th Street 66th Street 71st Street 72nd Street 68th Street 67th Street 63rd Street 69th Street 66th Street 71st Street 67th Street To 67th Street 70th Street 68th Street 67th Street 72nd Street 73rd Street 69th Street 68th Street Mildred Dr. 70th Street 67th Street 72nd Street 68th Street AND, WHEREAS, the city clerk and city engineer have notified • the council that such proposed assessment has been completed, and filed for public inspection. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield, Minnesota: • 1. A hearing shall be held on the 11th day of March, 1985 in the council chambers of city hall at 7 p.m. to pass upon such proposed assessment and at such time and place all persons owning property affected by such improvement will be given an opportunity to be heard in reference to such assessment. 2. The city clerk and city engineer are hereby directed to cause notice of the hearing on the proposed assessment to be published once in the official newspaper at least two weeks prior to the hearing, and shall state in the notice the total cost of the improvement. The city clerk and city engineer shall also cause mailed notice to be given to the owner of each parcel described in the assessment roll not less than two weeks prior to the hearings. Adopted by the City Council of the City of Richfield, Minnesota this 11th day of February, 1985. ATTEST: Sylvia K. Bergh, City Clerk John Hamilton, Mayor l F_i CITY OF RICHFIELD, MINNESOTA Office of City Manager Council Letter No. 37 Agenda February 11, 1985 The Honorable Mayor and Members of the City Council City of Richfield Subject: Purchases in Excess of $5,000 Council Members: The city council policy resolution on purchasing provides that when the purchase of merchandise, materials, equipment or construction exceeds the amount of $5,000, the authority to purchase shall be submitted to the city council for consideration. There are three such items on the February 11 agenda. LIGHTING STANDARDS The city keeps in supply lighting standards and bases used with the city's street lighting system for those times when replacement is necessitated. The supplier is Millerbernd Manufacturing Company and the city buys directly from the factory which allows for the lowest possible purchase price. It is recommended the city council authorize the purchase of twelve stainless steel octa tube lighting standards at a 25' mounting height and 24 stainless steel bases. The total purchase price from Millerbernd Manufacturing Company is $9,000. Funds for this purchase are provided in the 1985 street maintenance division budget. BRUSH CHIPPER Bids were opened January 31, 1985, to replace a 1969 Wayne brush chipper which was fully depreciated in 1979. A copy of the bid minutes and tabulations is attached for council review. Four bids were received: Vendor Base Bid Trade -In Net Purchase R.M.S. $10,301 $2,000 $ 8,301 LaHass $10,587 $2,700 $ 7,887 -2- LaHass(Alternate) $107377 $2,700 $ 7,677 R.M.S. (Alternate) $ 9,692 - -- $10,192 plus paint $ 500 The specifications called for an air cooled engine. The LaHass alternate bid is for a water cooled engine which does not meet specifications. It is recommended the city council authorize a brush chipper from LaHass in the amount of $10,587 less a trade in of $2,700 for a net purchase price of $7,887. Funds for this purchase are provided in the Central Garage 1985 budget. NORBY POND DREDGING The adopted 1985 budget includes funding for the dredging of Norby Pond, vicinity of 70th Street and Second Avenue. The work will be continuing north from the dredging completed in 1984. Three vendors were contacted. W. Riebien indicated they did not have the time available nor did they have a site for disposal of the silt. Dependable Excavating quoted $7.00 per cubic yard and Turner Excavating quoted $4.27 per cubic yard. It is recommended the city council authorize Turner 40 Excavating Company to do dredging work at Norby Pond at a rate of $4.27 /cubic yard for an estimated total of 1,000 cubic yards. JGC /eja 11 Respectfu y submitted, -L v tz2ti John G. C twrig t City Manager / • CITY OF RICHFIELD BID OPENING JANUARY 31, 1985 Brush Chipper Bid No. 85 -1 Pursuant to requirements of Resolution No. 1015, a meeting of the Administrative Staff was called by Don Fondrick, Acting City Clerk, who announced that the purpose of the meeting was to receive, open and read aloud, bids for the Brush Chipper, as advertised in the official newspaper on the week of January 16, 1985. Present: Eileen Anderson, City Manager's Designee Dennis Kraft, Community Development Director Don Fondrick, Acting City Clerk The following bids were submitted and read aloud: VENDOR & BID SECURITY BASE BID LESS TRADE AMOUNT R.M.S. Supply Co., Bloomington B.B. 5 °0 $10,301 $2,000 $ 8,301 LaHass Mfg. & Sales, Inc., St. Paul B.B. 5% (Air cooled) $10,587 52,700 $ 7,887 LaHass Mfg. & Sales, Inc., St. Paul (Alternate -gas cooled) $10,377 $2,700 $ 7,677 R.M.S. Supply Co., Bloomington (Alternate) $ 9,692 $10,192 Plus paint $500 The Acting City Clerk announced that the bids would be tabulated and considered at the February 11, 1985 city council meeting. Don Fondrick, Acting City Clerk as CITY OF RICHFIELD, MINNESOTA • Office of City Manager Council Letter No. 36 Agenda February 11, 1985 The Honorable Mayor and Members of the City Council City of Richfield Subject: Award of Contract - Industrial Type Tractor Loader Council Members: On January 31, 1985, bids for an industrial type tractor loader were opened in accordance with legal requirements. A copy of the bid minutes and tabulations is attached for council review. The adopted 1985 budget includes $25,000 for the replacement of a 1965 Moline tractor which was fully depreciated in 1970. The manufacturer of the existing equipment is no longer in business and parts are becoming impossible to obtain. This tractor is used at the central garage for loading salt, black dirt and other miscellaneous jobs. Two bids were received for the industrial type tractor loader: Vendor Base Bid Trade -In Net Purchase Long Lake Ford $24,074 $ 900 $23,174 Carlson Tractor $34,216 $12,340 $21,876 Units being traded include the 1965 Moline tractor, originally purchased for $6,370.92, and an Arps 70 Snowblower, originally purchased for $1,575.00, which does not fit existing city equipment. It is recommended the city council authorize the purchase of an industrial type tractor loader, as specified, at $34,216 less a $12,340 trade -in for the tractor and the snowblower for a net purchase price of $21,876. R spectf submitted, John G. C twri ht is City Manager JGC /eja • CITY OF RICHFIELD BID OPENING JANUARY 31, 1985 Industrial Type Tractor Loader Bid No. 85 -2 Pursuant to requirements of Resolution No. 1015, a meeting of the Administrative Staff was called by Don Fondrick, Acting City Clerk, who announced that the purpose of the meeting was to receive, open and read aloud, bids for the Industrial Type Tractor Loader, as advertised in the official newspaper on the week of January 16, 1985. Present: Eileen Anderson, City Manager's Designee Dennis Kraft, Community Development Director Don Fondrick, Acting City Clerk The following bids were submitted and read aloud: VENDOR & BID SECURITY BASE BID LESS TRADE AMOUNT Carlson Tractor & Equipment Co. Rosemount B.B. 500 $34,216 $12,340 $21,876 Long Lake Ford Tractor Long Lake Check - $1,220 $24,074 $ 900 $23,174 The Acting City Clerk announced that the bids would be tabulated and considered at the February 11, 1985 city council meeting. 0 Don Fondrick, Acting City Clerk CITY OF RICHFIELD, MINNESOTA Office of City Manager Council Letter No. 35 Agenda February 11, 1985 The Honorable Mayor and Members of the City Council City of Richfield Subject: Drainage Utility Council Members: On February 11, 1985, the Richfield City Council will hold a study session on staff's proposal to establish a municipal stormwater drainage utility. At the close of the session, the staff will ask for direction on: (1) level of service /funding for the drainage utility, (2) a public in- formation and education process; and, (3) a timetable to implement the recommendations. At the October 22, 1984, city council study session, the council directed staff to prepare financial data on a proposed storm drainage utility. The attachments to this council letter provides this additional financial data. Attachment I is a draft leaflet which describes the storm water utility fee program. This leaflet would be sent to residents prior to any public meetings or hearings. Attachment II identifies the Capital Improvement projects. The fee schedule identified in the leaflet assumes a level of service which includes all of the capital projects except Norby's and Wilson Ponds. These capital improvements were described at the October 22, 1984 study session. The drainage problem at 69th Street and Xerxes Avenue, which was also discussed at the October 22 meeting, had no feasible solution. Attachment III shows the three levels of service. Service Level B was used in the leaflet. Service Level A represents the current level of services for operations and maintenance. Level B increases 0 & M activities and generates about $60,000 annually for construction improvements. The C plan retains the expanded level of services from the B plan, but generates $200,000 annually for improvements. Attachment IV compares by level of service (A current level; B expanded 0 & M plus $60,000 for improvements; and, C expanded 0 & M plus $200,000 for improvements annually) what each category of land use (single family, multiple family, commercial, etc.) will pay for a city wide storm sewer program. -2- This exhibit also compares how much each land user would pay • with a storm sewer utility fee or with a property tax levy. It also compares the impact of the utility versus the same expenditure in property tax. Note the decreased burden on single family property and increase in commercial. Also note that tax exempt property now pays the city for the disposal of the drainage from the property. The savings column represents reductions in the property tax and sanitary sewer when the expenses are moved to the drainage utility. Attachment V makes a graphic comparison of Commercial, Multiple f'a`mily, and Single Family property taxes and utility fees. The impact of both property tax and utility fee on a typical $76,400 house is also shown. Attachment VI shows examples of utility fee - property tax comparisons on individual properties. Attachment VII - A method of adjusting the rate on a specific parcel of land is provided for. A parcel of property will be assigned a drainage fee based on its area and use. If the owner of the property believes that he is being unfairly treated, an appeal procedure for adjustment is setforth in the ordinance. Attachment VIII gives a sample adjustment calculation. . The staff recommends that a public hearing be scheduled for March 11, 1985 to initiate a storm drainage utility. A copy of the leaflet depicted in Attachment I will be mailed to all the property owners in Richfield prior to the hearing. The City of Roseville implemented a drainage utility a year ago and mailed a similar notice prior to the hearing. The City of Fridley held a hearing on January 21, 1985 without a mailed notice. Fridley did publicize the utility in the newspaper and a city newsletter. No mailed notice is legally required; only published notice. Recommendations: 1. City staff recommends the establishment of a storm sewer drainage utility fund to be financed by a storm sewer drainage utility fee; 2. City staff recommends that the storm sewer utility fund be established by fiscal year 1986 or sooner; 3. City staff recommends that the level of service be determined by the City Council A level of service - operations and maintenance $124,000 • B level of service - $250,000 C level of service - $390,000 -3- 4. City staff recommends that the city council determine if the capital improvements are to be financed on a pay -as- you -go plan or by bonding; 5. City staff recommends that if the city council elects to proceed on a pay -as- you -go basis, that the Orr - Schelen- Mayeron & Associates October 16, 1984, list of projects be identified as to priority; and, 6. City staff recommends that the authorization to begin preparing engineering plans for capital improvements be given for the construction program selected by the city council. JGC /eja • Re pectf�"1l ,bmitted , L✓ �/G Zt /� John G: Ca twrighti City Manager I Attachment I. Z O v ae s. u s r �• 4 r g w r o-0 Y �? r'o r = ='Or'•'u�i-0O s UGt rLWC•w0 i0@ LL ® \ + J Y r e W r • a C �\ + rL j O • uwL ajr C \ d v v r r O •+ y Y° • v 7 Y C Y 1i �+ Y w Y C O> • j r v .�• O LU JJ Y> w Y Y •• Y Y w= 8 S .°• m OrO m YeYryY�alw ww a.oIC. .C•..�.00a i 0w - LLI , �' �O+ L Yc sC • Y w 6 .a 9O J C2 W Y a � CY a1 y ° r e J r°. jw 0 1. 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STORM DRAINAGE UTILITY BUDGET • • A B C OPERATIONS Clean lines, manholes, outf al.ls $15,000 $20,000 $20,000 Spring /Fall- Sweeping 701000 70,000 703,000 Power for Lift Stations 39000 3,000 3,000 Testing, monitoring, engineering, 6,000 9,000 99000 administration, miscellaneous (including Watershed District contracts) Summer Sweeping 16,000 16,000 SUBTOTAL $94,000 $118,000 $118,�W MAINTENANCE Repair rings on catch basins 18,000 40,000 40,000 Dredging 10,000 229000 22,000 Repair pipes and outfalls 2,000 10,000 10,000 SUBTOTAL $30,000 $72,000 $72,000 CAPITAL Additions to the system or 60,000 200,000 major rehabilitation Estimate 10 -12% of capital expenditure for debt retirement of bond. $2,000,000 investment yield app. $220,000 bond payment SUBTOTAL 0 $60,000 $200,000 TOTAL 1124,000 $250,000 $390,000 A B C • • �6- � C1 m > H c9 w z r. C] y 0 2 to 1 1- I � ? re ar r •I O _ n C 7 K y y m on m m m p k `e � 'a O 7 m n r O G . .I �! m N N -co N N N N N alN m O fai p,+ �� n w O O 00 F O •+ r A A A A A n W a� f0 A W iD .O 9 %O s 9 to M W m Oo f0 to 00 R I O. F F F F to O. 00 _ O N V1 N N F IO S .myr ' 00 00 00 F F 0* O O N A ID N i* Vl N ►' a W a 0 m 0 N m i� Fes+ F r'! A A F A A A• A A. A O. m a M 41 •1 "f A K F •f V } l� ^I O� "t v R V R C .. f0 O ;!' F (0 F m O m d\ A O m O A 9 l a+ r N N N N N H I-' •< 0 0 +o o m r nwi coo r0» �H m ' R G • O t.11 O N to w O N lJl O O t.if O N to W O N W O O O O O O O O O O m N N N N N N N N N N K a to a s a s a v m t�i� a v m aOO m vii F A A W A �.I A• A• A• A• A I� !0 'O .A. F "I N Y H •'I N `1 N •'! V ^} N .^Or W A fC F n r f0 VI r0 �D A to (0 to to Ap r r+ h+ I~. to 0~0 O O co W w N W N O N co O% F W O C O O O O O O O O O O A 7 � O ' O w O O w w ONO w vim+ . t O N V N N pf F t,JI O W R n m y O FIIO I O O O O ,% I N F O F N r N N N co F N r la 41 Qq 10 o o uN+ co 0 0 o N N N N N F� N N N N W N • � V 4\ N In OD O O O QD O O O N O O N N N iA N as rA O C O O of N N N N N N tii N cq Z N W F W J CA A co F 9 w N O I O til �O v Os O O m E tr+1 [+1 r [+7 C N A 3 "0 9 w O y t P E R C E N T A E Utility Fee Property Tax UTILITY FEES VS PROPERTY TAXES FEES VS TAXES FEES TAXES ANNUAL COST FOR A SINGLE FAMILY RESIDENCE WITH A SELLING PRICE OF $76,400 A B C $5.52 $11.12 $17.40 $7.18 $14.49 $22.60 V 11 • • 1/30/85 VI • COMPARISON OF DRAINAGE FEE VS. PROPERTY TAX ON EXAMPLES BASED ON LEVEL OF SERVICE B DRAINAGE FEE AMOUNT PROPERTY COMMERCIAL PER YEAR TAX INCREASE Car Dealer $1,366.28 $ 338.52 Office 35.91 26.18 Office 57.18 49.21 Shopping Center X 31244.48 11883.83 Shopping Center Y 2,116.38 1,286.05 MULTIPLE FAMILY Apartments 61.38 93.56 Apartments 178.56 374.25 Apartment Complex 3,679.93 4,586.42 SINGLE FAMILY House ($64,300 value) 11.12 10.88 House ($81,300 value) 11..12 15.22 House ($122,600 value) 11.12 26.92 CHURCHES Church "F" 190.45 0 Church "G" 1,771.48 0 SCHOOLS School 'IH" 391.94 0 School 'IJ'I 521.52 0 • VII RICHFIELD CITY POLICY /d TITLE Credits and /or adjustments of municipal storm water drainage fees. BACKGROUND STATEMENT The municipal storm water drainage utility utilizes a fee structure based on the anticipated relative contribution of storm drainage runoff volumes to the storm water drainage system. A parcels contribution is determined by that parcel's size and its land use, under the principal that more intensively developed land uses typically have a larger percentage of impervious surface and contribute a much greater volume of water and /or sediment /nutrient loadings to the system. It is recognized that some parcels, due either to their unique topographic, vegetative, geologic and other characteristics, or the .existence and maintenance of onsite storm drainage control, detention, or retention facilities have a hydrologic and sediment /nutrient loading response substantially different from that of similarly sized parcels of the same land use. To provide for an equitable assessment of storm drainage fees, based on reasonably expected contribution of flows and sediment /nutrients, provisions need to be made to permit adjustments or credits to the storm drainage fees for those parcels with unique or unusual characteristics. POLICY STATEMENT The basis of the City of Richfield's storm water drainage fees is the anticipated relative contribution of storm water volumes and sediment /nutrient loadings to the storm drainage system from a given parcel. Where unique or unusual conditions exist where the actual contributions of water volume and sediment /nutrient loadings from a given parcel are substantially different from those anticipated by the storm drainage fee structure, the Community Services Director or his designate may adjust or credit the storm drainage fee for said parcel to an appropriate level in accordance with the guidelines specified herein. PROCEDURE STATEMENT (1) Property Owner to Provide Detailed Information It is the responsibility of the property owner or his agent to present to the Community Services Director or his designate, sufficient information concerning a parcel's hydrologic characteristics to permit an accurate assessment of the conditions that exist. This information may include, but is not limited to: A. Site plan showing locations of all buildings and other development relative to lot lines. B. The total lot area and area of impervious surfaces. -2- VII, Cont. C. Site topography or contours of sufficient detail to ascertain —/ flow directions, rates and volumes. D. Size, details and /or volumetric characteristics of any drainage control facilities. E. Hydraulic calculations specifying outflow volumes and rates for various rainfall events. (2) Adjustments Where Parcel Runoff Is Significantly Different From Land Use Standard Where the unit runoff generated by a parcel differs from the assigned amount for that land use category by more than 20 %, the Community Services Director may adjust the parcel's storm water drainage fee in accordance with the following procedure: a. Calculation of unit runoff for the parcel shall be determined by the methods outlined in the Soil Conservation Service Technical Release No. 55, utilizing a 2" total rainfall amount and antecedent moisture condition II. b. If calculated unit runoff is shown to differ from the assigned amount for that land use category by 20% or more, the number of assigned Residential Equivalency Units (REU) for that parcel shall be adjusted by multiplying by the ratio of the calculated unit runoff to the standard unit runoff. c. A parcel's storm water drainage fee stall be subject to increases as well as decreases by this procedure. d. Because single family and duplex fees are not based upon actual parcel acreage, no adjustments for unit runoff differences will be made for those land uses. (3) Procedure for Calculation of Credits for Wet Ponds A parcel may be credited for up to fifty percent (50 %) of the storm water drainage fee for onsite measures which are owned and maintained by the applicant which effectively reduce the outflow of sediment /nutrients from the site. Credit percentage shall be based on one -half of the actual percentage of sediment removal efficiency, as determined by the following procedure, rounded to the nearest 5 %; except that no credit will be given for sediment removal efficiencies of less than 20 %. A. Calculation of Credits for Wet Ponds a. Determine total site acreage and percent of site that has an improved or impervious surface. b. Calculate the annual depth of runoff from the following equation: Dr = P(. 75 Im +.15) -5.234 (.25 -.1875 Im) .597 Where Dr = annual depth of runoff in inches. c� 2 W v 0 W z W O W H VII, Cont. I = percent of site impervious area, expressed as a decimal. P - annual depth of precipitation = 29 inches. c.' Calculate annual volume of runoff in acre -feet: Vannual = site acreage x Dr/ 12 d. Determine pond capacity below outlet elevation in acre -feet. e. Calculate capacity inflow ratio (CIR) where: CIR = ponding capacity / Vannual f. Read sediment removal efficiency from following graph: 100 so eo . i so so so _ 20 CAPACITY INFLOW RATIO , acre- ft /xre -ft /yr io 0 I I T I , fill I f I I I ItI 0.001 0.002 0.0as 0.01 0.02 0.03 0.t 0.2 0.0 1.0 2.0 8.0 10 SRUNE'S TRAP EFFICIENCY CURVE g. Credit = % sediment removal efficiency /2 x storm drainage fee. (4) Credits for Storm Water Detention: A parcel may be credited for up to 25% of the storm water drainage fee for onsite measures which limit storm water outflow rates from the site in accordance with the following procedure: a. 10% credit for parcels which limit peak outflow rates during a five - year rainfall event to predevelopment rates. b. Additional 15% credit for parcels which limit peak outflow rates during a 100 -year rainfall event to predevelopment rates. (Based on the rational method of runoff analysis. Predevelopment condition shall be considered to have a rational "C" value of 0.2. Time of concentration shall be no shorter than 30 min.) -4- VII, Cont. c. No detention credits will be given for parcels which do not limit 5 -year event outflow rates to predevelopment levels. (5) Credits Shown in (3) and (4) Above May Be Cumulative. (6) Periodic Inspection and Credit Adjustments. The Community Services Director reserves the right to inspect periodically all storm drainage control facilities to ascertain that they are operating properly. If such a system, due to improper maintenance or other reason, fails to detain or cleanse storm water runoff in an effective manner, the Director may eliminate or reduce water quality or detention credits to an appropriate level. Any such facility shall not be eligible to apply for storm drainage fee adjustments for a period of twelve months following any credit adjustment. Credit adjustments shall not be made retroactively. The issuance of any building permit or other action which changes or intensifies an existing land use shall be cause for an adjustment of storm water drainage fees to an appropriate level. SAMPLE CALCULATIONS FOR CREDIT OF STORM SEWER UTILITY FEE This sample calculation is for a multiple family property. All other land classifications are calculated in the same manner with different standard. Landowner would supply areas of land that is grass and area of land that is hard surface. In the sample, owner shows that: Grass area 841454 S.F. Hard Surface area = 891146 S.F. Total Land area = 1731600 S.F. Area Curve # Product Grass 841,454 61 5,151,694 Hard Surface 89,146 98 8,736,308 TOTAL 1739600 1398889002 131,888,002 + 173,600 - 80 1/30/85 VIII '6-1 This gives the curve YA80 as the chart that would give runoff for this property. . Referring to curve #80 for a 21, rain, the runoff would be .56". With the standard of .721, for multiple family (.56 + .72 = .78), this indicates the runoff is 22% less than the standard so the residential equivalency would be reduced by 22%. The residential equivalency for sample was 60.721. This would then be a reduction of 13.579 residential equivalency and at proposed rate of $17.40, this would amount to a $236.27 savings for owner from his original quarterly fee of $1,056.55. • ,6-/-5 't Cor sui&,-lg Engineers Land Sun-e curs October 16, 1984 ORR •SCRf LE - MAYERON & ASSOCIATES, INC. Mr. Mike Eastling City Engineer City of Richfield -. 6900 Portland Avenue Richfield, MN 55423 Re: Stormwater System Priorities & Recommendations Dear Mr. Eastling: At the last City Council Workshop regarding stormwater, we were directed to review the identified flood prone locations and recommend improvement priorities based on occurence of structure damage on a somewhat frequent basis. The intent of the priority system to be developed was to focus attention on persistent property damage areas and to put into secondary categories those flood areas where damage has only occurred once or twice in recorded history. We re- examined the data assembled on flood prone areas and have met and discussed flood frequency and severity with City field personnel who have the most frequent contact with observed problems. The following-'is a recommended list of projects directed at flood prone locations and areas where in our opinion improvements can best provide protection against frequent structure flooding. 1. WOOD LAKE CONDUIT SYSTEM OPTIMIZATION Construct manholes and access points to the four drainage lines in west 69th Street between Wood Lake and Knox Avenue. The construction will allow cleaning of settled solids for the lines. This trunk drainage outlet services the area west of Wood Lake to include the 68th and Oliver area, the 67th and Penn area, and the 70th and Penn :venue areas. The estimated cost for construction of new vaults with access to all lines is $100,000. 15-16 Page Two Mr. Mike Eastling October 15, 1984 2, WILSON POND IMPROVEMENTS Past and current studies have identified Wilson Pond as not having design storage volume. High water in Wilson Pond affects a great number of houses in the area between 72nd Street and 75th Street, Bloomington to 18th Avenue. Pond improvement will reduce the frequency of street and property damage and allow the existing drainage system to function better. The cost estimate for Wilson Pond work ranges from $450,000 to $750,000 dependent on actual facility design. The lower cost is for excavation and pumping within the existing pond area. The higher cost would involve enlarging the pond area as well as depth. The higher cost alternative would, in our opinion be more acceptable aesthetically. 3. NORBY'S POND IMPROVEMENTS' Past and current studies have identified Norby's Pond as the other Rich- field storage location not sized for 100 year volume. High pond levels threaten abutting properties and affect the flooding at 68th and Stevens Streets, at 69th and Columbus, and at 73rd Street and 1st Avenue. Pond improvement to lower the high water level will provide area -wide benefit and allow the existing drainage system to function better. The cost estimates for Norby's Pond work range from $600,000 to $1,500,000 depend - ing on the alternative solution selected. Lower costs are for pond excavation and pumping with higher costs for the conveyance alternative. The appearance and aesthetics of the pond will impact the alternative selection. 4. 66TH STREET & XERXES AVENUE The intersection floods "very frequently" with damage to one commercial property, residential property, and the garages for residential proper- ties including one tuck -under garage. The area is being reviewed for improvement in conjunction with Hennepin County work in 66th Street. The cost estimate for the required drainage system is $200,000. The next recommendations are placed a level down in priority because of less overall area impact. They are as follows: 5. 69TH STREET & XERXES AVENUE The area floods frequently with damage primarily in the alley area to garages. Some remedial work in Xerxes -has been accomplished. Some drainage improvemient will occur with work planned in Edina. No total solution has been identified so no firm cost estimate is available. • • ,6-17 Page Three Mr. Mike Eastling October 16, 1984 6. 76TH STREET AND WASHBURN AVENUE This intersection floods frequently. The primary concern is for 76th Street being a major thoroughfare with a secondary concern for the poten- tial for property damage. A supplemental conveyance line has been iden- tified. The cost estimate is $250,000. The recommendations of this letter are that the City initially address the four items listed as 1, 2, 3, and 4. These improvements can provide immediate benefit by allowing the existing drainage system to function more efficiently. The improvements have area -wide benefit to a large number of flood prone locations. Where structures have flooded. For budget discussion purposes, a total estimated expenditure of between $1,400,000 and $2,500,000 is involved. Actual costs are likely to be somewhere between dependent or design alternative evaluations. Sincerely, ORR- SCHELEN- MAYERON & ASSOCIATES, INC. ohn A. Harwood, P.E. Project Engineer JAH : nl b • i CITY OF RICHFIELD, MINNESOTA Office of City Manager Council Letter No. 34 Agenda February 11, 1985 The Honorable Mayor and Members of the City Council City of Richfield Subject: Recommendation for a Frontage Road Improvement and Financing Policy Council Members: Background At a November, 1984, city council study session, the question of establishing a frontage road improvement and financing policy was discussed. At the November study session, city staff advised the city council that the position of MNDOT on the turnback of frontage roads to cities was: 1. Upgrade the entire steet surface and load bearing capacity to Richfield's standards; and, 2. Install curb and gutter on the freeway side of the frontage road. William Crawford, MNDOT District Engineer, has provided us with a written policy that changes one important factor. MNDOT says they will pay for only 112 of the street width to be improved. Apparently there are some $12 million worth of road turnbacks to accomplish and MNDOT can only allocate about $2 million a year to this type of road work. Hence, the MNDOT position that they cannot pay for improving the entire street width. MNDOT, however, has made an exception for Longfellow Avenue between 68th and 69th Streets. In this particular case, MNDOT will pay for everything except the curb and gutter on the east (residential) side of the street. Issue At the November, 1984, council meeting the city council set the maximum special assessment for Longfellow frontage road improvements at $4.00 per running foot. -2- City staff requests reconsideration of this action based upon the revised position of MNDOT on what part of the street improvement cost they will share in on a frontage road turnback situation. Richfield has many miles of frontage roads. The 1985 fund balance as of ecember 31, 1985 was projected to be $469,161. Richfield anticipates receiving $370,500 in 1985 from gas tax apportionments. The city council is asked to provide direction to the staff on these questions: 1. Should the Longfellow assessment of $4.00 per running foot stand as approved in November, 1984? 2. Should the overall frontage road financing policy be revised to take into account the fact that Richfield and its residents will be responsible for paying the cost for improving 1/2 of the street plus curb and gutter on the city side of the frontage road? Staff will plan to discuss this agenda item in greater detail at the 5:30 P.M. study session on February 11, 1985. 0 JGC /eja 0 Re pectf ITy bmitted , John G.' Car wrigI City Manager • • • i1 -j CITY OF RICHFIELD, MINNESOTA Office of City Manager Council Letter No. 399 Agenda November 13, 1984 The Honorable Mayor and Members of the City Council City of Richfield Subject: Recommendation for a Frontage Road Improvement and Financing Policy Council Members: Several sections of frontage roads in Richfield have deteriorated to a condition where major repairs are now needed. One such road, the frontage road on. the east side of Highway 77 between 66th and 69th Street known as Longfellow Avenue was the subject of attention at several 1984 City Council meetings. Residents on Longfellow Avenue have expressed concerns about large trucks and buses damaging Longfellow Avenue. Excessive speed was another concern. MNDot has offered to improve the street if Richfield city government will assume all future responsibility for maintenance of Longfellow Avenue. Before proceeding with a project to upgrade this section of roadway, the staff is asking that the city council consider a policy on the construction standards for the roads and how the improvements will be financed. This letter presents two options for a frontage road policy to finance the curb and gutter improvements and recommends a particular policy to the City Council for approval. OPTIONS FOR FINANCING CURB AND GUTTER IMPROVEMENTS ON FRONTAGE ROAD9 No Policy. If the council chooses not to have a policy, each frontage road can be considered on a case by case basis as staff, council or citizens choose to bring them to the council. State City Funding. In meetings with the MNDot District Engineer William Crawford and city staff (Mike Eastling and John Cartwright), an agreement was reached on how improvements to frontage roads built by the state should be improved and paid for. The agreement is one used by MNDot with our suburbs. MNDot agrees to pay for: 1. Upgrading street surface and load bearing capacity to Richfield's standards; and -2- 4-1 2. Install curb and gutter on the freeway side of the frontage road. Richfield government will be responsible for financing the curb and gutter improvements on the city side of the frontage road by one'of the following alternatives: 1. Richfield MSA gas tax; 2. Special assessments against benefitting properties; or, 3. A combination of 1 and 2. In discussions with the District Engineer, there was some question of the status of the frontage road on the east side of 35W from Wood Lake to 76th Street. City staff will pursue this issue with MnDOT to verify that this road does qualify under the policy. FRONTAGE ROAD CONDITIONS The attached map (Exhibit A) identifies frontage roads which are not currently built to city standards and some that are already built to city standard, particularly those along the Crosstown. If the frontage road has curb and gutter on both sides of the street, it was determined to meet the city standard. Where curb and gutter is in place on both sides of the frontage road, the street surface has been found to be in good condition. Without a good concrete gutter section to carry away the water, water is allowed to pool in the street at the edge of the blacktop and the deterioration of the blacktop is accelerated. This deterioration is evident on the Longfellow Avenue frontage roads adjacent to Highway 77. The frontage road on the east side of 35W from 76th to 72nd Street (Humboldt Avenue) is also showing distress. Something needs to be done in the near future to both the Longfellow Avenue frontage road and the east 35W (Humboldt Avenue) frontage road. In discussions with MNDot District Engineer, it was uncertain to all concerned whether Humboldt Avenue (east side of 35W) is a frontage road or a city street. It is agreed that this section of Humboldt Avenue is under the jurisdiction of MNDot. Humboldt Avenue differs from other frontage roads because: 1. It was built by the state; 2. The frontage road, if it can be called a frontage road, does not receive or deliver traffic to the 35W freeway; 3. The state may not have expended any funds on the street for maintenance; • • aJ -3- 14--5 4. The street may have become a part of MNDot jurisdiction because it fell within the construction zone for building 35W. City and MNDot staff will continue to explore this issue and advise the City Council on our findings at a future city council meeting. For the time being, Humboldt Avenue east of 35W is not considered a part of the frontage road system governed by the recommended policy set out in this city council letter and the attached resolution. The 494 frontage road from Xerxes Avenue to Portland Avenue has no curb and gutter except for the section between Harriet Avenue and Pillsbury Avenue on the south side adjacent to the freeway retaining wall. The condition of the roadway varies, but is generally in better condition than the aforementioned frontage roads (Longfellow Avenue and East 35W frontage road). The 494 frontage road from Xerxes to Knox Avenue will be affected by the anticipated improvements associated with the Penn -494 bridge and road improvements. The timing of any improvements to these frontage roads should be scheduled with the Penn -494 improvements. The 494 frontage road from Portland to Cedar Avenue has curb and gutter on the city side of the street. This curb was installed during the street paving program and was specially assessed. The west side 35W frontage road from 69th Street to 76th Street has curb without gutter on both sides of the street. A gutter section was included from 74th to 75 1/2 Street. This former frontage road was turned over to the city some years ago after the street was resurfaced. All of the frontage roads discussed above were under State jurisdiction up until three years ago. At that time, three sections were in particularly bad shape and MnDOT expressed interest in turning the roads back to the city. These three sections are the east side of the 35W frontage road from 69th to 76th Street, the 494 frontage road from 12th Avenue to Portland Avenue and the 494 frontage road from Morgan to Penn Avenue. The State Highway Department was in a position of scheduling no new construction and doing limited maintenance due to a shortage of funds. The gas tax increase was not contemplated at that time. The city agreed to accept jurisdiction of the roadways in return for a two and one -half inch overlay on the roadbed. Since that time, the State has agreed to fund total reconstruction of Longfellow Avenue from 66th to 69th Street except for the curb and gutter on the city side of the street. By this action, it appears that MNDot recognizes its obligation to finance the major portion of improvements to city standard prior to turning back a frontage road to the city. In addition, the city has had a policy that the property owners adjacent to an improved street will pay for at least a portion -4- of the improved street (see the attached street paving policy item 2). Some deviation from this policy has occurred on arterial streets. It also seems appropriate that if the city must share in the cost of reconstructing the frontage road, Richfield should be allowed to use its State Aid gas tax money. COMPARISON OF CURB COSTS FOR STREET PAVING PROGRAM OF 1970'S M At one of the city council meetings with the Longfellow Avenue neighborhood, there was a question raised on the comparison between today's curb and gutter construction costs and the curb and gutter costs from the 1970's street paving program. In the street paving program established in 1972, half of the cost of a street was $12 per front foot. The assessment was established at $8 (2/3 of construction cost) per front foot. The curb cost was estimated at $14 per front foot or one -half of the assessment. Now in 19814 it costs $27 to construct one -half of a street. If two - thirds of this cost was assessed as in the previous program, the assessment would be $18 per front foot. One half of this assessment is $9. This could be designated as today's maximum assessment that a frontage road property owner would pay for curb and gutter. The estimated cost of curb today is $7 per foot, which is less than the suggested maximum. RECOMMENDATION 0 1. The frontage roads should be brought up to the standards established for the street paving program in the 1970's. This would include curb and gutter on both sides of the street with a nine ton design asphalt surface. 2. The council should approve the attached resolution which establishes a frontage road improvement and financing policy. Under this policy, MNDot is responsible to pay for the paved surface and the curb and gutter on the freeway side of the street. The city is responsible for the curb and gutter and driveway aprons on the city side of the street. The property abutting the frontage roads would be assessed for curb and gutter improvements adjacent to their property. The method used to calculate abutting footage would be consistent with the street paving program of the 1970's. 3. The council approves a formula as forth in this report for the special assessment financing plan. • -5- ,q- 4. Once a policy is approved, the staff will approach MNDot 1 officials on financing and scheduling isssues. A public hearing will also be scheduled with residents of Longfellow Avenue from 68th to 69th Street to consider special assessments for curb and gutter improvements to the street. JGC /eja EA • • 0 0 IV 0 0 0 1 a I ell fD 111 rat 11 r- I ro r- ell 0 a 0 a pq :c "I 0 cr O (7 Cr 1: ca to c 0 (a tY M ID eD I r* C6 0 0 rA CA P.- I.- CL 0. ID o.D (a 0 0 0 0 rD rD 0 0 IV mi 0 0 0 V 11 eD 0 (30 00 ?D XERXES AVE. WASHBURN VINCENT - UPTON THOMAS SHERIDAN RUSSELL QUEEN PENN 7 0 LIZ NEWT MORGA : LO.A KNOX JAMES IRVING HUMBOLDT ' ^ / I JS GIRARD JL FREMONT EMERSON DUPONT BRYANT ALDRICH 'I ®B�r LYNOALE AVE. GARFIELD IT HARRIET GRANO PLEASANT PILLSBURY WENTWORTH BLAISDELL NICOLLCT AVE. STEVENS 20d are CLINTON 4111 S:t:h PORTLAND AVE. U=i OAKLAND PARK COLUMBUS CHICAGO ELLIOT 1:;: 10 IN II th 12th 14 th I r — - ------ n, 13 th L BLOOMINGTON 16 ft. d A lath CEDAR AVE. LONGFELLOW 4 r, z 74 M — in n '0 0 4 0 4 Z Z O i XERXES AVE. WASHBURN VINCENT UPTON THOMAS L SHERIDAN RUSSELL QUEEN PENN AVE. OLIVER MORGAN 7-4 ­4 LOGAN KNOX JAMES IRVING HUMBOLDT FREMONT "J. EMERSON x DUPONT COLFAX x 7 BRYANT ALDRICH LYNOALE AVE. GARFIELD F"! HARRIET GRAND PLEASANT PILLSBURY W ENTWORTH 1, BLAISDELL NICOLLET AVE. STEVENS 3r4 C INTON 4:" 5 If PORTLAND AVE. 71 OAKLAND PARK r. COLUMBUS CHICAGO ELLIOT 10th 11 th 12 th =771-7-7- ;:j - 13 th 141h 15 th BLOOMINGTON 16,h 17 ft, 18th CEDAR AVE. LONGFELLOW � 19th T 20th Z2 d STANDISH 23 rd -0.- T-7 :04 0 0 0 0 0 low _/7_"S .,.. RESOLUTION NO. 4382 RESOLUTION ON POLICY FOR PERMANENT STREET IMPROVEMENTS WHEREAS, the city council has determined the initiation,of a permanent street improvement program to be desirable for the general health, safety, and welfare of the community, and WHEREAS, the city council has determined to initiate permanent street improvements on all non- permanent streets within the general guidelines of the City's comprehensive plan and in accordance with a predetermined long range schedule of priorities, and WHEREAS, all future permanent street improvements whether initiated by petition or city council action, shall include construction of permanent street surfaces with. curb and gutter and necessary appurtances and where determined to be advisable, the construction of sidewalk and the installation of additional street lighting. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield that the City adopt the following general policies for permanent street improvements: 6 1. That the total cost of this improvement include material, manpower, equipment, financing, and administrative overhead required for the special assessment procedure and performance of this work. 2. That each property owner has an obligation to finance the estimated full cost of one -half of the normal thirty -six foot residential street in front of-his property as well as a portion of a side street: That in those instances where the street is to be an arterial street requiring extra pavement thickness, or any other special construction, the property owner would still pay the cost of one half of a residential street with other revenue sources to be used for the balance. Streets with insuffi- cient right of way or special condition making a 36 -foot street difficult or impossible would be considered on an exception basis. 3. That the current assessment for shall be a maximum $10 a front one -half of a normal thirty -six over a twenty -year period with those property owners electing maximum cost per front foot may reflect the actual cost of the the permanent street improvement program foot which is the estimated full cost of '* ',< foot residential street to be spread an 8 percent per annum interest rate for to pay over the twenty -year period. The .be revised periodically to more adequately permanent street construction. 4. That the term front footage shall mean the number of feet an the front or short side of the lot, (whichever is less), with the following excep- tions: a. That in the case of irregularly shaped lots, front footage will be determined by the same formula used for the sanitary sewer lateral assessment policy. b, That in the case of tax exempt property, front too tage shall include all abutting footage on improved right of :gays. 5. That all cornor lots, including ots + 9 Currently e tl y Troilt7ng on Permanently improved streets, with a permanent street improvement adjacent to the' • side lot line will be assessed s maximum S10 per foot for their side lot footage with the cost to be. divided equally among all or6oerties to a midpoint in the block. 6. That the residential street surfacing shall be composed of seven ton asphaltic concrete with Portland cement curb and gutter. That arterial streets be constructed -using nine ton asphaltic concrete with Portland cement curb and gutter. 7. That where the city council determines that sidewalk construction is desirable the cost shall be assessed 50 percent against the abutting property owner spread over a five -year period. 8. That residential driveway aprons will be constructed as part of the overall construction program and will be assessed 100 percent against the abutting property owner.and be included with the street assess ment to be spread over the twenty -year period. 9. That all known and required utility installations be completed before a permanent street project is initiated. 10. That the cost of the permanent street improvement program which exceeds the total assessment as defined by this policy small be financed by general city revenue. 11. That the policies contained in this resolution small be subect to modification if necessary in individual cases as the city council determines that the assessment or assessments resulting from the application of the policies will exceed the benefits received. Passed by the city council of the City of Richfield this Sth day of June, 1970 ATTEST: Thomas J. Moran, City Cleric Stanley R. 0 ,on, ;;ayor 9 10 SF-00006-03 DEPARTMENT OF TRANSPORTATTON ROOM 807 0 TO: District Engineers STATE OF MINNESOTA A- J / i Office M emorandum / ! Gt 8 1±984 DATE:" ' � 3, 1984 FROM Bruce L. Warzala �t` �%� PHONE: 296=f478 Director - Highway Programming Section SUBJECT: F.Y. 85 Special Agreements Program Attached please find a copy of the F.Y.-85 Special Agreements Program. Historically, this Program was an assembly of projects that were.to be let "by others" and in which we usually have a financial obligation. We were also able to honor most requests at a Program-level of about $2 -3 million /year. Criteria for project inclusion in this category were subjective in order to maximize flexibility and meet Mn /DOT's responsibility. We received about $12 million .in requests for F.Y. 85 consideration. and the fact that a number of these projects appear to be of a type that should be co m eting for funding in other categories we 1) The project must be primarily -for the benefit of the local public works system and trunk highway work /improvements are secondary. a. Mn /DOT's share of the cost should be less than half of the total improvement cost or b. Mn /DOT's share of the cost should be less then $200,000. 2) The project does not meet other existing categorical definitions and there are compelling reasons to have the job "let by others" (other than human resources). Projects not meeting these criteria must compete in the process for programming in the appropriate category. The attached Program consists primarily of projects that have had approvals for inclusion in prior years. Some of these projects may not have met the new test required however, in most cases commitments had been made that should be honored. The remainder of the Program consists of newly approved projects subjected to the • above screening. District Engineers August 3, 1984 Page 2 We are including a compilation of the disposition of candidate projects (in dollars) together with a list of those projects that did not make the program and the reasons. In most cases the . projects are improperly classified and should be resubmitted to compete in the selection process for the appropriate category. This response is not intended to discourage city and county participation in State highway improvement project development /implementation. It is an action required to preserve the integrity of our established statewide project prioritization and selection process. ` If for reasons of lacking human resources we are able to negotiate a deal with local units of government to design and /or let a highway construction project, the project should be categorized and submitted for programming based on the character of work. Coding in PMSS will be altered to indicate that_work to be done "by others ". Kindly review and comment on our project evaluation and assumptions and respond by August 15, 1984. cc: HPCC District State Aid Engineers G.M. Fay 1 • r� AVAILABLE FOR APPROPRIATION PRIOR YEAR'S FUND BALANCE Sources: Gas tax approtionments Interest Subtotal Uses: Capital improvements BUDGET SU114ARY MUNICIPAL STAI"E -AID STREET FJM 1982 1983 19984 31153,000 1985 Actual Actual Budget Revised Budget $1,003,466 $ 455,698 $602,502 $492,083 $641,661 $ 287,747 $ 321,233 $327,074 $371,578 $370,500 34,147 28,036 10,C00 10,000 12,000 321,892r $ 349, ' 9 $337,074 $ , 578 382 5C, $ 869,662 $ 312,884 31153,000 $232,000 $555,000 $ 455,698 $ 492,083 $786,576 $641,661 $469,161 Fund Objective The Municipal State Aid (MSA) street fund is financed by state - collected gasoline taxes which are apportioned to municipalities. These monies are used for street construction and related purposes in accordance with state law. Fund Activities The 1984 revised budget shows $232,000 of Municipal State Aid monies being used for capital improvements. This allocation icludes funding for sidewalk improvements. The traffic study at 76th Street and Penn Avenue, traffic signal installation at 69th Street and Penn Avenue, and continued planning of improvements at 66th Street and Penn Avenue, and the western blocks of 66th Street. The $555,OCO proposed for capital improvement use in 1965 . is in accordance with the scheduling of specific projects detailed in the 1985 capital improvement budget. CITY OF RICHFIELD, MINNESOTA SF -2 ANNUAL BUDGET CITY OF RICHFIELD, MINNESOTA ' Office of City Manager EXTRA ITEM The Honorable Mayor and Members of the City Council City of Richfield Subject: Amendment to Final Development Plan and Planned Unit Development Plan - Market Plaza Development Council Members: In reviewing the construction plans for the Woodlake Point Condominium, the Public Safety Department determined that an additional stand pipe is necessary on each floor of the parking garage to meet the city's fire code. These stand pipes must be in fire rated enclosures, such as stairways. The addition of these stand pipes and rated stairways would eliminate two parking stalls in the parking garage. The development will also lose one exterior parking stall in order to obtain the required curb -cut permit from Hennepin County. The total parking stalls provided would decrease from 1241 to 138 stalls. The city's PUD ordinance requires that the development constructed must be in substantial compliance with the approved final development plan and planned unit development plan. The ordinance also indicates that a development would not be in substantial compliance if there is any change in the ratio of off - street parking and loading space to gross floor area of the building. Because a reduction of this ratio would occur, the plans need to be amended to be in substantial compliance. It is recommended that the city council approve an amended final development plan, and planned unit development plan with 138 parking stalls provided for the Woodlake Point Condominium. While staff continues to have some concern about less than one stall being provided for each dwelling unit, this is out - weighed by the need for proper fire protection and by the lack of alternatives for providing additional parking on the site. If needed, additional spaces for condo owners could be rented from the Lake Shore Drive condominium across the street. pectf rt�11.' bmitted, John G. Car Wright City Manager • Council Letter No. 514 Agenda February 11, 1985 EXTRA ITEM The Honorable Mayor and Members of the City Council City of Richfield Subject: Amendment to Final Development Plan and Planned Unit Development Plan - Market Plaza Development Council Members: In reviewing the construction plans for the Woodlake Point Condominium, the Public Safety Department determined that an additional stand pipe is necessary on each floor of the parking garage to meet the city's fire code. These stand pipes must be in fire rated enclosures, such as stairways. The addition of these stand pipes and rated stairways would eliminate two parking stalls in the parking garage. The development will also lose one exterior parking stall in order to obtain the required curb -cut permit from Hennepin County. The total parking stalls provided would decrease from 1241 to 138 stalls. The city's PUD ordinance requires that the development constructed must be in substantial compliance with the approved final development plan and planned unit development plan. The ordinance also indicates that a development would not be in substantial compliance if there is any change in the ratio of off - street parking and loading space to gross floor area of the building. Because a reduction of this ratio would occur, the plans need to be amended to be in substantial compliance. It is recommended that the city council approve an amended final development plan, and planned unit development plan with 138 parking stalls provided for the Woodlake Point Condominium. While staff continues to have some concern about less than one stall being provided for each dwelling unit, this is out - weighed by the need for proper fire protection and by the lack of alternatives for providing additional parking on the site. If needed, additional spaces for condo owners could be rented from the Lake Shore Drive condominium across the street. pectf rt�11.' bmitted, John G. Car Wright City Manager •