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06-13-83 agenda 0 ;i?a7X CITY OF RICHFIELD, MINNESOTA Office of City Manager Council Letter No. 221 Agenda June 1 3 , 1983 The Honorable Mayor and Members of the City Council City of Richfield Council Members: Subject: Resolution Setting a Public Hearing for 7:00 p.m. July 11, 1983 to Consider Commercial Development Revenue Bonds of $4,750,000 for Richfield Shoppes Developers J Attached is a proposed resolution setting a time and date of public hearing for this matter. The staff is aware that the city council is not familiar with this proposal. However, the resolution has been requested by the developers to meet their schedule for financing and construction. Richfield Shoppes Developers are proposing to use the commer- cial development revenue bond financing to redevelop approximately 40,000 square feet of retail shopping facilities at the north- east and southeast corners of 66th Street and Nicollet within the L/H/N redevelopment area. A detailed presentation regarding the redevelopment proposal will be made on or before the date of the public hearing, perhaps at a joint study session of the city council and the HRA. It is recommended June 13, 1983 adopt of hearing for July that the city council at its meeting of the attached resolution setting the date 11, 1983. Respectfully submitted, I I )?? nj't'? arl Nollenberger City Manager KN/eja • EXTRACT OF MINUTES OF MEETING OF THE CITY COUNCIL OF THE CITY OF RICHFIELD, HENNEPIN COUNTY, MINNESOTA Pursuant to due call and notice thereof a regular meeting of the City Council of the City of Richfield, Hennepin County, Minnesota, was held at the City Hall in said City on Monday, June 13, 1983, commencing at 7:00 o'clock P.M. The following members were present: and the following were absent: • The following resolution was presented by Councilmember who moved its adoption, the reading of which was dispensed with by unanimous consent: RESOLUTION NO. RESOLUTION CALLING A PUBLIC HEARING ON A PROPOSED PROJECT UNDER THE MINNESOTA MUNICIPAL INDUSTRIAL DEVELOPMENT ACT. WHEREAS, Richfield Shoppes Developers, a Minnesota partnership (the "Company") has proposed that the City undertake and finance a project under the Municipal Industrial Development Act, Minnesota Statutes, Chapter 474 (the "Act"); and WHEREAS, the Act and federal regulations require that a public hearing on the proposed project be conducted by the Council before any action may be taken by it relative to the proposed project: NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of 18 Richfield: 1. The Council shall meet at 7:00 p.m. on Monday, July 11, 1983 to conduct a public hearing on the proposed project requested by the Company and to take whatever action in relation thereto as it deems appropriate. 2. The City Clerk is authorized and directed to publish notice of the hearing in the form attached hereto as Exhibit A once in the official newspaper and once in the Minneapolis Star-Tribune, a newspaper of general circulation in the City, no less than 15 days prior to July 11, 1983. The motion for the adoption of the foregoing resolution was duly seconded by Councilmember and upon vote being taken thereon, the following voted in favor of the motion: and the following voted against: whereupon said resolution was declared duly passed and adopted. • • Exhibit A NOTICE OF PUBLIC HEARING ON COMIIMERCIAL DEVELOPMENT PROJECT NOTICE IS HEREBY GIVEN, that the City Council of the City of Richfield, Minnesota will meet in the Council chambers in the City Hall in the City of Richfield at 7:00 p.m. on Monday, July 11, 1983, to conduct a public hearing on a proposal that the City undertake and finance a project under the Municipal Industrial Development Act, Minnesota Statutes, Chapter 474. The project is proposed by Richfield Shoppes Developers (the "Company") and consists of the acquisition and improvement of land in the City and the construction and equipping thereon of an approxi- mately 40,000 square foot retail shopping center facility and related site improvements ("Project"). The Project is proposed to be located on land in the Northeast and Southeast quadrants of the intersection of 66th Street and Nicollet Avenue in the LHN Redevelopment Project area in the City. The principal amount of bonds or other obligations proposed to be issued by the City to finance the project is estimated to be not in excess of $4,750,000. A draft copy of a proposed application to the Minnesota Depart- ment of Energy, Planning and Development, together with all attach- ments and exhibits thereto, is available for public inspection at the office of the City Clerk in the City Hall, City of Richfield, Minnesota during regular City business hours (8:00 a.m. to 4:30 p.m. daily, except Saturdays, Sundays and holidays). Any person wishing to express a view with respect to the proposal to undertake and finance the Project will be heard at the public hearing. BY ORDER OF THE CITY COUNCIL /s/ Sylvia Ber h City Clerk Dated: June 13, 1983. 0 STATE OF MINNESOTA ) COUNTY OF HENNEPIN ) - CITY OF RICHFIELD ) I, the undersigned, being the duly qualified and acting City Clerk of the City of Richfield, Minnesota, do hereby certify that I have carefully compared the attached and foregoing extract of a regular meeting of the City Council of said City held on Monday, June 13, 1983, with the original thereof on file in my office and the same is a full, true and correct copy thereof, insofar as the same related to the setting of a public hearing on a proposed Commercial Development Project of Richfield Shoppes Developers. WITNESS My hand as such City Clerk and the corporate seal of the City this day of , 1983. City Clerk City of Richfield, Minnesota (SEAL) • 1? CITY OF RICHFIELD, MINNESOTA Office of City Manager ?y Council Letter No.220 Agenda June 13, 1983 The Honorable Mayor and Members of the City Council City of Richfield Council Members: Subject: Legislative Report Update • • This council letter will go through the major changes in legislation which occurred in 1983 Legislative Sessions of im- portance to the city of Richfield. Each area will be discussed under topical categories. Finance and Revenue - Omnibus Tax Bill The Omnibus Tax Bill has significant changes which affect the City of Richfield and its financial status. The first relates to the property tax system. One section of the bill provides that residential homestead shall be assessed as follows for the taxes payable in 1984 and thereafter: Current New First $27,000 market at 16%, next First $30,000 market value at $27,000 market value at 22%, estimated 17%, next $30,000 market market value in excess of $52,000 at value at 19%, market value 23% in excess of $60,000 at 30% The impact of this change is that an $80,000 home would be assessed in 1983 for $18,100, while an $80,000 home in 1984 will be assessed in 1934 for$16,800. Even with the 1.4% increase that was put into effect on market value in 1984, market value in 1984 would only go up to $17,136. The homestead credit percentages decrease from the present 58% of tax to 54%, while the maximum credit remains at $650. Homestead credit will apply only to the gross tax of the first $67,000 of the market value. On the average homeowner in Richfield that will still mean that they will receive the full $650 of homestead credit. The lower priced homes in Richfield, however, will be affected adversely by this provision. Levy limits were also adjusted for the 1984 city budget. Basically the levy limit on the property tax increases will be a combination of taking the 1983 levy limit plus the 1983 local government aid and the amount of special assessments levied to cover general operation and maintenance costs in 1933 and increasing it by either the implicit price deflater, or 5%, whichever is greater. The The implicit price deflater is the number for government purchases for goods and services for state and local government prepared by the Bureau of Economic Analysis of United States Department of Commerce for the 12-month period ending in June of the levy year. It appears that the 5% provision will apply for 1984. Additionally, there is a provision whereby any governmental division which re- duced any of its unreserved undesignated fund balances because of spending for non-special levy purposes in the calendar year 1981, is authorized to apply to the Commission of Revenue for a base ad- justment. If approved by the Commission, the levy limit base is subject to reverse referendum. Richfield did not utilize all of its levy limit in 1981 by some $700,000. However, it may not be easy to justify that we reduced any of our unreserved, undesignated fund balances. The city staff will continue to pursue this element however. Any increase in local government aid in 1984 will by necessity decrease the amount of levy by the city for next year. The City of Richfield fared quite well in local government aids for 1984. In 1983 our certified amount was $2,496,694. For 1984 we will receive $2,645,000 which is a 5.9% increase. The levy limit formula which was adopted in the bill is beneficial to the City of Richfield as well as other central and first ring suburban cities. Those communities which already have low tax rate as a result of high assessed value will receive less local government aid in 1984. However, they will not have to increase in 1984 the property tax by more than 3/4 of one mill in order to make up for their reduction which would occur in subsequent years. The Commissioner of Revenue has to notify the city by August 15 of the • aid amount as well as the factors which are being used to calculate that aid. The Omnibus Tax bill also adjusted the property tax law requiring that real estate tax payments be made on May 15 (instead of May 31) and October 15 (instead of October 31) in 1984. This will increase the cash flow to the city for property tax payments. Another portion of the Omnibus Tax bill allows any city by ordinance to impose a tax on the gross receipts of lodging sales at a rate of up to 3%, 95% of the proceeds of that tax must go for tourism promotion. There may be some desire on the part of the city or the Chamber of Commerce to pursue this matter. The City of Richfield was successful in obtaining a bill amending Minnesota Statutes 444.075 relating to storm sewer system financing. The bill allows the imposition of availability and connection charges for the financing of storm sewer systems, including mains, holding areas, ponds and related facilities. The law became effective on May 20, 1983. This will allow the City of Richfield to impose user charges for storm sewer improvements. At the June 27, 1983 city council meeting, a study session will be held to give the city council a complete review of the storm sewer improvements required to finalize the city of Richfield's storm sewer system and the impact of a user charge. • General Government The Day Labor Bill which would have mandated city governments to contract out certain public works contracts for over $50,000 was -3- 49 laid over for further study by the State Legislature. Another law required that any meeting open to the public have at least one copy of the materials relating to the agenda items of the meeting which the city council or its employee prepare, or which are distributed to the city council members, be available for the public to read. Hous ing • • The legislature passed a bill prohibiting rent control ordinances by local municipalities, but this bill was vetoed by Governor Perpich. As a result, each city individually still decides as to rental control ordinances. The City of Richfield was success- ful in getting an energy bonding proposal passed which would allow the city of Richfield to make loans to private dwellings for the purpose of energy improvements. As you may recall, the city has a $35,000 budget in 1983 for an energy program in the city which would be a comprehensive energy effort. We put program on hold until such time as we knew the financial status of the city in 1983 and 1984. It appears that the comprehensive eneray program should move for- ward at this time as a result of the stable financial situation which the city finds itself in for 1983 and 1984. The energy bill which was passed will help the city and its comprehensive energy program. By acceptance of this legislative consider direction to pursue the steps towards its implementation. report, the city staff will energy program and to begin Liquor and Beer Laws A bill was passed which makes it lawful for an off-sale liquor store to provide samples of wines, liqu cers, and cordials, which the city currently has in stock and is offering for sale. No license is needed provided. that the city dispenses the samples at no charge and persons consume them on the premises during permitted hours and in a quantity less than 50 millimeters of wine per variety per customer and 25 millimeters of liquoer or cordials variety per customer. Additionally, a law was passed eliminating the ban of sales of liquor between 1:00 a.m. and 8:00 p.m. on the day of any statewide election, but a provision was added that prohibits the sale of liquor after 8:00 p.m. on Christmas Eve. The city staff will pursue an ordinance changing our local code to allow for liquor sales on election day. Pensions The 2s additional employee contribution for PERA will terminate on the last full pay period before July 1, 1933. Deductions for the first six months of this year will be refunded with interest -4- at the time of termination or retirement. Public employees will • no longer be subject to this 20 tax. The provision of pension changes on PERA to allow for the rule of 85 (unreduced early retirement when age and years of service equal 35) was laid over for further study. A provision, while being a attractive retirement provision, would be costly to the city. Personnel Administration The Public Employees Labor Relations amendment law was changed slightly to redefine a public employee as somebody who works 67 days as opposed to the previous definition of 100 days. This still exempts full time students under the age of 22, however, so we can continue to provide employment for summer purposes. The final law did not, however, change the definition of supervisor so that all foreman and above level in the city of Richfield will continue to be considered supervisors in our community. General The state passed a law indicating that ordinary expenses a city fire department incurs in extinguishing a grass fire within the right-of-way of a trunk highway have to be reimbursed to the city. As you are aware, gasoline tax was increased early in the session, is which means increased revenues to the city of Richfield. An additional law was passed revising the building movers statutes in a number of ways, and also indicating that cities can only issue permits to state licensed movers. These are the general in the state law for 1984, there is significant minor items which the city staff will continue to update on. Respectfully submitted, Karl Nollenberger City Manager KN?eja 0 ;?4 CITY OF RICHFIELD, MINNESOTA Office of City Manager • Council Letter No. 219 Agenda June 13,1983 The Honorable Mayor and Members of the City Council City of Richfield Council Members: Subject: Assessment Hearing for CP 757, Reconstruction of Lyndale Avenue, Lake Shore Drive to 74th Street The city council has set the date of the special assessment hearing for City Project 757, Reconstruction of Lyndale Avenue, Lake Shore Drive to 74th Street, for June 13. The city has sent each property owner a notice of the proposed assessment for their property, and of the public hearing scheduled before the city council on June 13, 1983. The term of the proposed assessment is 20 years, with in- terest to be paid on the unpaid balance of the special assessment each year. Although permanent financing for these improvements has not yet been arranged, it is recommended that the city council set an interest rate of ten percent for the assessment. This rate is recommended based upon discussions held with the city's finan- cial consultant. A property owner has several financing alternatives to meet the assessment obligation: 1. Prepavment in Full - No Interest. Under state law, a prop- erty owner may prepay his or her special assessment without interest if paid in full within 30 days after the city council adopts the assessment roll. However, under present Hennepin County policy, Richfield may accept • special assessment prepayments until the November 15 deadline. Council Letter No. 219 -2- 2. Partial Prepayment - Reduction of Interest Rate. In the year of adoption, partial prepayment of an assessment in any amount of $100 increments is allowed if the original amount of the assessment is $300 or more and such partial prepayment is made within 30 days after adoption of the assessment roll. Such partial prepayments pay no in- terest charge. The unpaid balance will be respread over the life of the adopted roll. 3. Certification. The adopted assessment will be certified to Hennepin County and spread in equal annual install- ments with interest on the unpaid principal. Such in- terest is calculated from the date of adopting the assess- ment and each annual installment includes interest through December 31 of the year of collection. The principal and interest are shown on the property tax statement. 4. Payment in Full of Any Unpaid Balance - Cancellation of Future Interest. At any time during the life of the assessment, the property owner may pay the unpaid balance of any principal. Such payment will cancel future inter- est and interest and installments not certified to the county from appearing on the next year's property tax statement. • 5. Deferment of Special Assessments Against Owner-Occupied Homestead Properties of Persons over 65 Years of Age or Permanently and Totallv Disabled . It is the policy of the city to consider requests for the deferment of special assessments upon homestead properties owned by persons 65 years of age or older or by persons retired by virtue of a permanent total disability for whom it would be a hard- ship to make payment of such special assessments. A qualifying hardship shall be deemed to exist if the owner of the homestead property and other occupants of the homestead taken together, (a) had a gross income of less than $11,000 in the previous calendar year and (b) will have an estimated income for the current calendar year and subsequent years which will not exceed said sum. Application for deferral of payment of special assessments shall be made available from the city assessing division. It is recommended that the city council receive testimony from affected property owners at the public hearing. At the close of the public hearing, it is recommended that the city council adopt the attached resolution, adopting the C.P. 757 special assessment roll, as proposed. 0 Respectfully submitted, Karl Nollenberger City Manager -r r1 0 RESOLUTION NO. RESOLUTION ADOPTING ASSESSMENT ON CITY PROJECT 757, RECONSTRUCTION OF LYNDALE AVENUE LAKE SHORE DRIVE TO 74TH STREET BE IT RESOLVED by the City Council of the City of Richfield, Hennepin County, Minnesota, as follows: 1. That the city clerk has, with the assistance of the city engineer, calculated the proper amounts to be assessed for City Project 757, Reconstruction of Lyndale Avenue, Lake Shore Drive to 74th Street against every assessable lot, piece, or parcel of land specially benefited thereby in accordance with the provisions of law, and the proposed assessment so made up was filed with the city clerk for more than 15 days prior to the assessment hearing and was open to public inspection during said period. 2. That notice has been duly published and a public hearing heretofore duly held as required by law so that this council could meet and pass upon the proposed assessment. 3. That an opportunity has been given to all interested persons to present their objections, if any, to such proposed assessment or to any item thereof at said public hearing. 4. That the city council has heretofore duly established City Project No. 757 and after carefully considering all the facts, the benefits to each lot, piece or parcel of land and fully advising itself in the premises, has found and determined and hereby declares that each and every lot, piece, or parcel of land included in said proposed assessment roll was improved by reason of the construction of said City Project No. 757 and has been and is especially benefited in the amount set out in the attached assessment roll opposite each such lot, piece or parcel of land. 5. The sums fixed and named in said attached assessment roll are affirmed, adopted and confirmed as the proper special assess- ment for each of said lots, pieces, or parcels of land therein described. 6. Said assessment is hereby affirmed, adopted, confirmed, and shall be certified by the city clerk and filed in the office of the city clerk, and shall thereupon be and constitute a special assessment for said City Project No. 757, Reconstruction of Lyndale Avenue, Lake Shore Drive to 74th Street. 11 -2- 7. The assessment with accruing interest, shall be a lien upon the property included therein, concurrent with general taxes and shall be payable in equal annual installments extending over a period of five years. The first installment shall be payable on the first Monday in January of 1984. All assessments shall bear interest at a rate at or below the legally authorized limit. All assessments and interest thereon shall be collected and paid over in the same manner as other municipal taxes. Passed by the City Council of the City of Richfield this 13th day of June, 1983. John Hamilton, Mayor • ATTEST: Sylvia K. Bergh, City Clerk 0 CITY OF RICHFIELD, MINNESOTA • Office of City Manager Council Letter No. 218 Agenda June 13,1983 The Honorable Mayor and Members of the City Council City of Richfield Council Members: Subject: Assessment Hearing for CP 772, 1982 Sidewalk Improvements The city council has set the date of the special assessment hearing for City Project 772, 1982 Sidewalk Improvements for June 13. The city has sent each property owner a notice of the proposed assessment for their property, and of the public hearing scheduled before the city council on June 13, 1983. For sidewalk improvements, residential property owners are assessed 20% of the cost per assessable foot; commercial properties i are assessed 50% of the cost per abutting foot. These proportionate costs for this project are $2.35 per assessable foot for residential properties, and $5.87 per abutting foot for commercial property. The term of the proposed assessment ?s 5 years, with in- terest to be paid on the unpaid balance of the special assessment each year. Although permanent financing for these improvements has not vet been arranged, it is recommended that the city council set an interest rate of ten percent for the assessment. This rate is recommended based upon discussions held with the city's _= an- cial consultant. A property owner has several financin(, alternatives to meet the assessment obligation: 1 Prepayment in Full - No Interest. Under state law, a prop- erzy owner may prepay his or her special assessment without interest if paid in full within 30 days after the city council adopts the assessment roll. -iowever, under present Hennepin County policy, Richfield may accent special assessment prepayments until the November 13 deadline. 49 Council Letter No. 218 -2- 2. Partial Prepayment - Reduction of Interest Rate. In the year of adoption, partial prepayment of an assessment in any amount of $100 increments is allowed if the original amount of the assessment is $300 or more and such partial prepayment is made within 30 days after adoption of the assessment roll. Such partial prepayments pay no in- terest charge. The unpaid balance will be respread over the life of the adopted roll. 3. Certification. The adopted assessment will be certified to Hennepin County and spread in equal annual install- ments with interest on the unpaid principal. Such in- terest is calculated from the date of adopting the assess- ment and each annual installment includes interest through December 31 of the year of collection. The principal and interest are shown on the property tax statement. 4. Payment in Full of Any Unpaid Balance - Cancellation of Future Interest. At any time during the life of the assessment, the property owner may pay the unpaid balance of any principal. Such payment will cancel future inter- est and interest and installments not certified to the county from appearing on the next year's property.tax statement. 5. Deferment of Special Assessments Against Owner-Occupied Homestead Properties of Persons over 65 Years of Age or Permanently and Totally Disabled . It is the policy of the city to consider requests for the deferment of special assessments upon homestead properties owned by persons 65 years of age or older or by persons retired by virtue of a permanent total disability for whom it would be a hard- ship to make payment of such special assessments. A qualifying hardship shall be deemed to exist if the owner of the homestead property and other occupants of the homestead taken together, (a) had a gross income of less than $11,000 in the previous calendar year and (b) will have an estimated income for the current calendar year and subsequent years which will not exceed said sum. Application for deferral of payment of special assessments shall be made available from the city assessing division. It is recommended that the city council receive testimony from affected property owners at the.public hearing. At the close of the public hearing, it is recommended that the city council adopt the attached resolution, adopting the C.P. 772 special assessment roll, as proposed. • Respectfully submitted, Karl Nollenberger Citv Manaaer FN/eja • RESOLUTION NO. RESOLUTION ADOPTING ASSESSMENT ON CITY PROJECT 772, 1982 SIDEWALK IMPROVEMENTS E assessment or to any item thereof at said public hearing. BE IT RESOLVED by the City Council of the City of Richfield, Hennepin County, Minnesota, as follows: 1. That the city clerk has, with the assistance of the city engineer, calculated the proper amounts to be assessed for City Project 772, 1982 Sidewalk Improvements against every assessable lot, piece, or parcel of land specially benefited thereby in accordance with the provisions of law, and the proposed assessment so made up was filed with the city clerk for more than 15 days prior to the assessment hearing and was open to public inspection during said period. 2. That notice has been duly published and public hearing heretofore duly held as required by law so that this council could meet and pass upon the proposed assessment. 3. That an opportunity has been given to all interested persons to present their objections, if any, to such proposed 4. That the city council has heretofore duly established City Project No. 772 and after carefully considering all the facts, the benefits to each lot, piece or parcel of land and fully advising itself in the premises, has found and determined and hereby declares that each and every lot, piece, or parcel of land included in said proposed assessment roll was improved by reason of the construction of said City Project No. 772, and has been and is specially benefited in the amount set out in the attached assessment roll opposite each such lot, piece or parcel of land. 5. The sums fixed and named in said attached assessment roll are affirmed, adopted and confirmed as the proper special assess- ment for each of said lots, pieces, or parcels of land therein described. 6. Said assessment is hereby affirmed, adopted, confirmed, and shall be certified by the city clerk and filed in the office of the city clerk, and shall thereupon be and constitute a special assessment for said City Project No. 772 Sidewalk Improvements. 0 -2- 7. The assessment with accruing interest, shall be a lien 40 upon the property included therein, concurrent with general taxes and shall be payable in equal annual installments extending over a period of five years. The first installment shall be payable on the first Monday in January of 1984. All assessments shall bear interest at a rate at or below the legally authorized limit. All assessments and interest thereon shall be collected and paid over in the same manner as other municipal taxes. Passed by the City Council of the City of Richfield this 13th day of June, 1983. John Hamilton, Mayor 0 ATTEST: Sylvia K. Bergh, City Clerk C77 Y 7_Y OF RICr.'FIFLD, _..: SCTA • Office cf City anacer Ccur_cil Letter ::c. 217 agenda June 13, 1983 The Honorable Mayor and Members of the City Council City of Richfield Council Members: Subject: Assessment Hearing for CP 775, 1982 Alley Paving Project The city council has set the date of the special assessment hearing for City Project 775, 1982 Alley Paving, for June 13. Each property owner has been sent a notice of the proposed assess- ment for their property, and of the public hearing scheduled before the city council on June 13, 1983. Attached is a copy of the alley assessment policy. The residential assessment rate was $16.25 per assessable foot; the commercial assessment rate was $24.38 per abutting foot. The residential cost of $16.25 per assessable foot was significantly lower than the estimated cost of $18.50 per foot. The term of the prcpcsed assessment is20 years, with in- terest to be paid on the unpaid balance of the special assessment each vear. Although permanent financinc for these improvements has not vet been arranced, it is recommended that the city council set an interest rate of ten percent fcr the assessment. This rate is recommended based upon discussions held with the city's finan- cial consultant. A property owner has several fi:ancinu alternatives to meet assessment oblication: 1. Prepavment in Full - No Interest. under erty owner may prepay his or her special interest if paid in full within 30 days council adopts the assessment roll. How Q?u present Hennepin County policy, Richf iel, GSspecial assessment prepayments until the j state law, a preT,-- assessment without after the city ever, under a may accept November 15 deadl ir.e . Council Letter No. 217 -2- 2. Partial Prepayment - Reduction of Interest Rate. In the year of adoption, partial prepayment of an assessment in any amount of $100 increments is allowed if the original amount of the assessment is $300 or more and such partial prepayment is made within 30 days after adoption of the assessment roll. Such partial prepayments pay no in- terest charge. The unpaid balance will be respread over the life of the adopted roll. 3. Certification. The adopted assessment will be certified to Hennepin County and spread in equal annual install- ments with interest on the unpaid principal. Such in- terest is calculated from the date of adopting the assess- ment and each annual installment includes interest through December 31 of the year of collection. The principal and interest are shown on the property tax statement. 4. Payment in Full of Any Unpaid Balance - Cancellation of Future Interest. At any time during the life of the assessment, the property owner may pay the unpaid balance of any principal. Such payment will cancel future inter- est and interest and installments not certified to the county from appearing on the next year's property tax statement. • 5. Deferment of Special Assessments Against Owner-Occupied Homestead Properties of Persons over 65 Years of Aae or Permanently and Totally Disabled . It is the policy of the city to consider requests for the deferment of special assessments upon homestead properties owned by persons 65 years of age or older or by persons retired by virtue of a permanent total disability for whom it would be a hard- ship to make payment of such special assessments. A qualifying hardship shall be deemed to exist if the owner of the homestead property and other occupants of the homestead taken together, (a) had a gross income of less than $11,000 in the previous calendar year and (b) will have an estimated income for the current calendar year and subsequent years which will not exceed said sum. Application for deferral of payment of special assessments shall be made available from the city assessing division. It is recommended that the city council receive testimony from affected property owners at the public hearing. At the close of the public hearing, it is recommended that the city council adopt the attached resolution, adopting the C.P. 775 special assessment roll, as proposed. • Respectfully submitted, Karl Nollenberger City Manager KN/eja 0 RESOLUTION NO. 6423 RESOLUTION ESTABLISHING AN ALLEY POLICY (Rescinding Resolution No. 6345) BE IT RESOLVED by the City Council of the City of Richfield, Minnesota, as follows: 1. All costs involved in maintaining an alley will be assessed against the property abutting the alley. 2. An alley paving project may be initiated on an alley by a petition signed by the property owners of more than 50 percent of abutting property. 3. All costs involved in the paving of an alley will be assessed against the abutting property except that residential property will be assessed only for the shorter of the two primary sides. 4. The maximum amount to be assessed against residential properties will be 50 percent of the cost of paving full width of the abutting alley. However, if the residential property is located in a block which contains some commercial property, the residential assessment will'be less than 50 percent. In this particular instance, the commercial assessment will first be levied against the commercial property in the block and then the residential property will be assessed a prorata share of the remaining portion of the assessment. Under no circumstances shall the residential assessment be less than 25 percent of the cost of paving the alley. 5. Commercial alleys will be assessed for three-fourths of the cost of paving the actual full width of the alley, except that should the total assessment collected on a block using the aforementioned procedure amount to more than the cost of the alley, the commercial assessment will be prorated by abutting footage. 6. The City of Richfield will pay the costs of paving an alley not abutting assessable property. 7. The type of surface will be chosen at the time the contract is awarded on the first alley paving project. 8. A minimum of six alleys in one cluster (as defined by the city engineer) or ten alleys regardless of cluster is required for a project. 9. The deadline for the submittal of petitions is February lst of each year. -2- 10. The maximum assessment for commercial properties in a block will not exceed 75 percent of the cost of the alleys to be paved and the minimum assessment shall be at least 50 percent of this cost. 11. If a commercial lot has an alley on two primary sides, the commercial property will be assessed only for the longer of the two sides. Passed by the City Council of the City of Richfield this 11th day of May, 1981. Donald J. Priebe, Mayor ATTEST: Sylvia K. Bergh, City Clerk • is 0 RESOLUTION NO. RESOLUTION ADOPTING ASSESSMENT ON CITY PROJECT 775, 1982 ALLEY PAVING BE IT RESOLVED by the City Council of the City of Richfield, Hennepin County, Minnesota, as follows: 1. That the city clerk has, with the assistance of the city engineer, calculated the proper amounts to be assessed for City Project 775, 1982 Alley Paving, against every assessable lot, piece, or parcel of land specially benefited thereby in accordance with the provisions of law, and the proposed assessment so made up was filed with the city clerk for more than 15 days prior to the assess- ment hearing and was open to public inspection during said period. 2. That notice has been duly published and a public hearing heretofore duly held as required by law so that this council could meet and pass upon the proposed assessment. 3. That an opportunity has been given to all interested persons to present their objections, if any, to such proposed assessment or to any item thereof at said public hearing. 4. That the city council has heretofore duly established City Project No. 775 and after carefully considering all the facts, the benefits to each lot, piece or parcel of land and fully advising itself in the premises, has found and determined and hereby declares that each and every lot, piece, or parcel of land included in said proposed assessment roll was improved by reason of the construction of said City Project No. 775 and has been and is specially benefited in the amount set out in the attached assessment roll opposite each such lot, piece or parcel of land. 5. The sums fixed and named in said attached assessment roll are affirmed, adopted and confirmed as the proper special assess- ment for each of said lots, pieces, or parcels of land therein described. 6. Said assessment is hereby affirmed adopted, confirmed, and shall be certified by the city clerk and filed in the office of the city clerk, and shall thereupon be and constitute a special assessment for said City Project No. 775 Alley Paving. 7. The assessment with accruing interest, shall be a lien upon the property included therein, concurrent with general taxes and shall be payable in equal annual installments extending over a period of 20 years. The first installment shall be payable on the first Monday in January of 1984. All assessments shall bear interest at a rate at or below the legally authorized limit. -2- All assessments and interest thereon shall be collected and paid over in the same manner as other municipal taxes. Passed by the City Council of the City of Richfield this 13th day of June, 1983. John Hamilton, Mayor ATTEST: Sylvia K. Bergh, City Clerk • 0 LJ CITY OF RICHFIELD, MINNESOTA Office of City Manager -#.5 Council Letter No. 216 Agenda June 13, 1983 The Honorable Mayor and Members of the City Council City of Richfield Council Members: Subject: Continued Meeting of the 1983 Board of Review The 1983 Local Board of Review convened on Wednesday, June 1, 1983, and several property owners appeared concerning the estimated market values set for their property. Some of these appeals were held over to the continued Board meeting set for June 13, 1983, in order to obtain a review of the properties and their values by the assessor. The following is a list of those appeals, the status of their review, and the staff's recommendation for action by the Board: 1. Mr. Ed Calvin, 7038 James Avenue A review appraisal has been completed (attached) and it is recommended that the 1983 estimated market value be reduced from $80,600 to $75,100. Mr. Calvin has been notified of this recommendation. 2. Mr. Wilmot Holtzman, 7300 Knox Avenue A review appraisal for this property has been completed (copy attached) and it is recommended that the 1983 estimated market value be reduced from $71,000 to $64,100. Mr. Holtzman has been notified of this recommendation. 3. Mr. Garfield Hoversten, regarding three apartment buildings. Mr. Hoversten discussed his concerns at length with the assessor and received answers to his questions. As a re- sult, Mr. Hoversten did not wish to provide the rental in- come information or to have a review appraisal conducted. It is, therefore, recommended that the Board reaffirm the 1983 estimated market values for these properties. 4. Mr. Richard Zimer, regarding property at 6229 Xerxes Avenue This review appraisal is not yet complete - information t will be presented to the Board on Monday evening. ' ff 7420 P l S. Wis. Sherry Ho man, ort and Avenue Ms. Hoffman discuss ed her concerns with the assessor's off ice and decided that she did not wish a review appraisal to be conducted. I t is recommended that the Board reaffirm the 1983 estimated market value for this property. 6. -Dr. Wm. Rennecke, 7 533 Sheridan Avenue On June 1, 1983 the Board voted to reduce the 1983 value on this property from $97,300 to $96,000. However, Dr. Renneke has made several requests for more information since then, and may appear at the June 13 meeting. Since the Board has already taken action regarding his 1983 appeal, Dr. Renneke should be referred to the County Board of Review. The staff recommends that the Board take action at its June 13, 1983 continued meeting as outlined above. Respectfully submitted, Karl Nollenberger City Manager • KN/eja 0 CITY OF RICHFIELD, MINNESOTA • Office of City Manager Council Letter No. 215 Agenda June 13, 1983 The Honorable Mayor and Members of the City Council City of Richfield Council Members: Subject: Selection of Executive Search Firm Attached to this council letter are copies of proposals from Korn/Ferry International, Loren L. Law and Associates, and Paul A. REaume Associates. This matter has been scheduled for the 5.30 P.M. study session on June 13, 1983. Respectfully submitted, Karl Nollenberger City Manager KN/eja LOREN L. LAW & ASSOCIATES, INC. CONSULTANTS To MANAGEMENT 71 7300 France Avenue South El Suite 120 G Minneapchs. Minnesota 55435 Telephone (612) 835-3677 June 10, 1983 Honorable Mayor John Hamilton and Council Members City of Richfield 6700 Portland Avenue South Richfield, Minnesota 55423 Dear .Mayor and Council Members: This letter will be an additional supplement to my proposal which was delivered to the City Manager's office several days ago. The City Council asked for a fixed fee for assisting them in the re- cruitment and selection of a City :Manager. In my previous proposal I listed a flat fee of ten thousand ($10,000) dollars for professional services plus out of pocket expenses. As an alternate fee schedule for your consideration, I propose a daily consultant fee of $500 per day with a maximum fee of ten thousand ($10,000) dollars for the professional services plus out of pocket expenses. It may be more reasonable for the City to go this route if they wish to restrict the search more to the Minnesota area and not a nationwide search. Your consideration of my proposal will be appreciated. Sincerely, Loren L. Law President LLL:al 40 West Palm Beach. Florida CITY OF RICHFIELD, MINNESOTA Office of City Manager Council Letter No. 214 June 13, 1983 Agenda The Honorable Mayor and Members of the City Council City of Richf ield Council Members: Subject: Continuation of Hearing Regarding Denial of Itinerant Food Sales License, Fabian Seafoods On the May 23, 1983 city council agenda, there was an item providing for an appeal of the denial of an itinerant food sales license by Fabian Seafoods. The appeal had been requested by Mr. Steve Fabian based on the action of the public safety director to deny his itinerant food sales license application, on the basis of inadequate provisions for inspection of the seafood products that were to be sold in the city. At the May 23 hearing, the public safety director informed • the council that the city attorney and the attorney for Mr. Fabian were involved in negotiations to resolve the issue. On this basis, the hearing was continued to the council meeting of June 13, 1983. The city attorney, the public safety department, and legal counsel for Mr. Fabian have since arrived at a mutually satisfactory inspection process which will allow the city to issue the requested itinerant food sales license. A copy of that agree- ment is attached for information of the city council. Since this dispute has been resolved through negotiation, it is the recommendation that the council close the hearing which has been continued on this :ratter, and take no further action since the requested license has been issued to the defendant and he is no longer pursuing his appeal rights with regard to this issue. Respectfully submitted, Karl Nollenberger City Manager KN/eja 0 June 1, 1983 M N ma q?r ® L0 N ¦ co c ca L O Q' ¦® O O IN- ?D • Mr. John Dean Richfield City Attorney LeFevere, Lefler, Kennedy O'Brien & Drawz, P.A. 2000 First Bank Place West Minneapolis, Minnesota 55402 Re: Itinerate Food Sale License Application of Steve Fabian Dear John: Following our meeting on May 25, 1983, I have had an opportunity to further discuss this matter with the Bloomington Health Inspection personnel. Based upon this discussion, I have reached the conclusion that the application for a 1983 itinerate food sale license requested by Fabian Seafood should be granted upon re- ceipt of the city of the $54 balance due on the 1983 license fee. The license, once granted, will be subject to the following continuing conditions: 1. Prior to each two (2) day sale in Richfield, a sample of the shrimp to be sold in the City of Richfield will be delivered to an independent laboratory acceptable to the Bloomington Health officials for testing. The expense of each such test will be borne by the licensee and a report of the results of such testing will be made avail- able to the City of Richfield. 2. The sale activities will be subject to the routine inspection by the Bloomington Health Inspection personnel operating under contract with the City of Richfield. In the event that the testing described in paragraph one above, or the inspection discussed in paragraph two above, discloses unwholesomeness or adulterated conditions in the food product being sold the health officer may, at his bW?plwnr:$99-7521 (512) an 048W 9PPWtM ty *WV*W Itinerate Food Sale License Application of Steve Fabian- continued Page Two discretion, order the sale or future sales suspended until the health officer is satisfied that the cause of the problem has been eliminated. These actions are in addition to any right on the part of the City of Richfield to terminate, revoke, or suspend the itinerate food sale license herein granted. I understand that Fabian. Seafood is planning a sale in Richfield on June 2nd and 3rd. Would you please contact Mr. George Doff so that we can make the necessary arrangements to have the license in place by that date. This will also include a sample testing which has been discussed above under item rumazer one. Thank you for your assistance in resolving this matter. Sincerely, Thomas A. Mdrgan, Jr. Director of Public Safety TAM/1 j e enclosure 40 w CITY OF RICHFIELD, MINNESOTA Office of City Manager Council Letter No. 213 Agenda June 13, 1983 The Honorable Mayor and Members of the City Council City of Richfield Council Members: Subject: Amendment to the Liquor Licensing Ordinance. First Reading. • On May 16, 1983, the city council and the Housing and Re- development Authority held a joint meeting to discuss a prelim- inary proposal for the development of the Cedar Avenue liquor site. At that time, the proposal that was discussed involved the construction of a 48-lane bowling alley with restaurant and banquet facilities included as part of the project. The pros- pective developer indicated that a liquor license for this business operation would be advantageous to the effective im- plementation of the development plan. Under the current provisions of the liquor licensing ordin- ance, the proposed development would probably not qualify for a liquor license, since such licenses can only be issued to business establishments which have "a principal part of the business" involved in a restaurant activity. The developer submitted a suggested ordinance amendment which would remove this requirement from the existing Richfield liquor license ordinance. Both the city attorney and the director of public safety expressed a con- cern with the proposed ordinance change because the change, as worded by the developer, would allow the establishment of "saloon" type on-sale liquor establishments to be licensed by the city. The city attorney, the public safety director, and the con- sultant for the proposed development project have now agreed on an ordinance amendment which would meet the needs of the proposed development, but at the same time preclude the issuance of on-sale liquor licenses to business operations whose principal purpose is the sale of liquor. An ordinance amendment, prepared by the city attorney's office to reflect this concept, is attached to this council letter. If the council wishes to amend the on-sale liquor license ordinance, it is the recommendation of the public safety director in which I concur, that the attached amendment have first reading approval. Respectfully submitted, Karl Nollenberger City Manager AMENDMENT TO CHAPTER XI OF THE ORDINANCE CODE OF THE CITY OF RICHFIELD • CITY OF RICHFIELD DOES ORDAIN: Chapter XI, Section 11.06 of the Ordinance Code of the City of Richfield entitled "On-Sale Liquor" is hereby amended in the following respects: A. By amending paragraph (3) of subdivision 1 thereof to read as follows: "(3) The term 'restaurant' means an establishment under the control of a single proprietor or manager, having appropriate facilities to serve meals in one or more dining rooms having a total area of at least 4,000 square feet, and where in consideration of payment thereof, meals are regularly served at tables to the general public, and which employs an adequate staff for the usual and suitable service of its guests aid-the-p?eeigal-past-e€-the-beseess is-the-ee?eg-e-€eeds. The area to be used in computing such 4,000 square foot minimum shall be the gross floor area of the restaurant including areas for the preparation and serving of food and liquor. Basement areas, however, shall not be counted for the purpose of meeting such 4,000 square foot minimum requirement. is B. By amending paragraph (15) of subdivision 12 thereof to read as follows: (15) A restaurant shall be conducted in such a manner that the-pepal a substantial part of the all business activities conducted on the licensed premises for a license year is the serving of food; and that the revenues from the sale of liquor shall not constitute the principal part of revenues derived from all business activities conducted on the licensed premises. A hotel shall be conducted in such a manner that, of that part of the total business attributable to or derived from the serving of foods and intoxicating liquors, the principal part of the business for a license year is the serving of food. Passed by the City Council of the City of Richfield, Minnesota this day of , 1983. John Hamilton, Mayor • ATTEST: Sylvia K. Bergh, City Clerk CITY OF RICHFIELD, MINNESOTA -VCIZ7 Office of City Manager • Council Letter No. 212 Agenda June 13, 1983 The Honorable Mayor and Members of the City Council City of Richfield Council Members: Subject: Ordinance Amendment Relating to Residential Kennel License Fee Requirement. First Reading. The ordinance code of the City of Richfield provides that any person having more than two dogs or two cats over the age of six months must obtain a residential kennel license in addi- tion to obtaining individual licenses for each animal. In order to obtain a kennel license, the requesting party must secure signatures of approval from all abutting property owners, and the city inspects the property to make sure that the pets will be adequately provided for and not constitute a nuisance in the neighborhood. The basis for the ordinance requirement is that the keeping of any pet poses a potential noise and nuisance problem for abutting property owners, and this potential increases when persons have several pets. The ordinance further provides that the city council may waive this residential kennel fee ($40) if it determines that the keeping of such animals will not have any adverse effect upon adjacent properties. However, the ordinance limits this fee waiver provision to situations where there are no more than four such animals. Mrs. Garnet Kelber, 6314 14th Avenue, has held a residential kennel license for cats since 1969. At the present time, Mrs. Kelber has 11 cats for which she has secured individual licenses, and has requested that the city council waive the fee for a residential kennel license. However, because Mrs. Kelber has more than four animals, this is not permitted under the present ordinance code provisions. Therefore, she has requested that the city council amend the ordinance to delete the phrase "but no more than four such animals,". A copy of the ordinance amendment requested by Mrs. Kelber is attached to this council letter and has been placed on the June 13, 1983 city council agenda for first reading consideration. The staff has concern about granting Mrs. Kelber's request. We believe the fee should not be allowed to be waived for residential kennel licenses in cases where there are more than four animals. • • Council Letter No. 212 -2- June 13, 1983 In such situations, the potential is great for the city to in- cur costs for inspection and responding to inquiries or complaints. It is, therefore, recommended that the city council take no action on this request. KN/eja Respectfully submitted, Karl Nollenberger City Manager 0 AMENDMENT TO CHAPTER V • PART III, OF THE ORDINANCE CODE OF THE CITY OF RICHFIELD, MINNESOTA City of Richfield does ordain: Chapter V, Part III, of the Ordinance Code of the City of Richfield entitled "Health, Safety and General Welfare" is hereby amended as follows: I. By amending Section 5.23, Subdivision 3 in the following respects: Subd. Approval of Continauous Property Owners. The application for a residential kennel license shall be accompanied by a petition showing the approval of the occupants of privately owned real estate abutting the premises on which the kennel is to be located. Whether or not all of the occupants of abutting property approve the application, the council may grant or deny the license. The • license shall not be granted unless the council finds that the use of the applicant's premises as a residential kennel will not have, or.will not be likely to have, any adverse effect upon adjacent properties or the occupancy thereof, and will not constitute a nuisance to the neiahborhood. The council may impose conditions upon the granting of any residential kennel license. When an applicant has more than two dogs or two cats over six months of age, 3?ut-ne-mere-ti?an-fetxr-5tzeh-ae#ma?s; and the city council determines that keeping such animals upon the applicant's property will not have, or will not be likely to have, any adverse effect upon adjacent properties or the occupancy thereof, the council may waive the requirement for a residential kennel license fee. 0 Xz /d' . CITY OF RICHFIELD, MINNESOTA Office of City Manager Council Letter No. 211 Agenda June 13, 1983 The Honorable Mayor and Members of the City Council City of Richfield Council Members: Subject: An Ordinance Granting a Non-Exclusive Franchise to Minnegasco, Inc. to Operate in the City of Richfield (Suburban Rate Authority Uniform Gas Franchise) As indicated in the attached letter from the Suburban Rate Authority (SRA), the group has developed a uniform franchise to replace-the franchise with Minnegasco that recently expired. The new franchise updates several provisions of the earlier • franchise and, significantly, adds a provision which would en- able the city to institute a franchise fee of up to 5% of gross revenues from the sale of gas within the city. The proposed uniform franchise ordinance has been reviewed by the city attorney, and was, in fact, drafted by his office in its capacity as counsel to the SRA. It is recommended that the city council approve the first reading of this franchise ordinance at the June 13, 1983 city council meeting. Respectfully submitted, Karl Nollenberger City Manager KN/eja 0 • iVemcers May 18, 198-) inaton 'roo"?yn Cer,;er Members of the Suburban Rate Authority: ?rOOK? n FarK 3?r+ ''e For the past several months a committee of the Suburban Rate Authority AeiCkts has been working with Minnegasco to produce a revision of the Suburban Rate Authority Uniform Gas Franchise. At its April 20 Board meeting the SRA Board of Directors approved a model ordinance. A copy is _==e?sior enclosed. -?3t r s^ We expect that Minnegasco will accept the SRA model. The Board encour- ages each city in which Minnegasco requires a franchise to use the SRA :.a%e :;t. Cro ; 3eacr: model, either presently or when a current franchise expires. Minnegasco cagier aZe has expressed a willingness to consider surrendering its present fran- ' chise in favor of the SRA Uniform Franchise in those cities in which A:c- _e Fa`r the present franchises have a number of years to run. All cities are -=cl '.'env t e r-s encouraged to include the uniform expiration date of June 30, 2003 in o rnetcr%a their new franchises to provide for a joint renegotiation at that time . ' n "•'curws View The benefits of a uniform franchise have long been recognized. The ;?• r _ n enclosed uniform franchise is quite similar to the original SRA Uniform "orin =t• Facet Franchise, negotiated over twenty years ago. SRA attorneys have previ- ously sent each member a memorandum comparing the enclosed draft with r;?a the Minnegasco proposal. If that is not readily available, a copy will c rsca e be sent to you on request. r st ?o?is =wrL The enclosure contains some changes from the draft sent to you with the C7aYccee earlier memorandum. These changes are rewordings for the purpose of r e clarity, or they are additional provisions favorable to the city. r a`na s Fe; Y Sections 1.4, 2.1, 2.4, 3.3 and 3.4 contain new wording, without sub- C '--~a stantial changes of meaning intended. Wa; a w OG:: _ a ra The second paragraph has been added to Section 2.6 to provide an addi- tional remedy for defaults of the company, and Section 4 now includes "elected officials" within the group the company must indemnify and defend. Sections 8 and 9 are new. If there are any questions, please do not hesitate to contact either myself 0559-2800) or Glenn Purdue, the SRA attorney (333-0543). Encl. Z co:::? Fred G. Moore Chairman Suburban Rate Authority 7400 PZ?z%rnouth ?ouZevard, PZ_,mout7, "irsnesota 55447 LeFevere Lef ler Kennedy O'Brien 3c Drawz a Professional A osotiation ?000 First Bank Place West I.-inneaooiis 'Annesota 55402 May 24, 1983 Taleonone 612-333-0543 avton L. LeFevere ?eaen. P Lefler Dennis 0Brien ,onn E Drawz _a, .,o i Kennedy NOTE ;onn B. Dean lenn E Puraue Richard J Scnietfer ' Thanes L. LeFevere reroert P Lefler I II efrrev J. Strana '.Iar,J Blork una The mailing of this draft was delayed by the ,onn G Kressel reluctance of Minnegasco to agree to the second aye Nolan paragraph of Section 2.6. As an accommodation to -.nav L. Lavorato cnae! A. Nash it, a third paragraph was added to Section 2.6. Line R Komarek The SRA Board has not approved that third para- :can N r'cksen graph, but it is our opinion that its provisions P !zabetrh D. Moran ' Enan F Rice do not materially change the meaning of the Lorraine S. Ciugg section as approved by the Board. tames J. Thomson. Jr. • • 0 • SRA UNIFORM GAS FRANCHISE (MINNEGASCO) Approved by SRA Board of Directors April 20, 1983 ORDINANCE NO. CITY OF COUNTY, MINNESOTA An ordinance granting Minnegasco, Inc., a Minnesota corporation, its successors and assigns, a nonexclusive franchise to con- struct, operate, repair and maintain facilities and equipment for the transportation, distribution, manufacture and sale of gas energy for public and private use and to use the public ground of the City of , Minnesota for such purposes; and prescribing certain terms and conditions thereof. THE CITY COUNCIL OF ORDAINS: SECTION 1. DEFINITIONS. The following terms shall mean: 1.1. Company. Minnegasco, Inc., a Minnesota corporation, its successors and assigns. 1.2. Gas. Natural gas, manufactured gas, mixture of 40 natural gas and manufactured gas or other forms of gas energy. 1.3. Municipality, Municipal Council, Municipal Clerk. These terms mean respectively, the City of , the Council of the City of and the Clerk of the City of 1.4. Public Ground. All streets, alleys, public ways, utility easements and public grounds of the Municipality as to which it has the right to grant the use to the Company. SECTION 2. FRANCHISE GENERALLY. 2.1. Grant of Franchise. There is hereby granted to the Company, from the effective date hereof through June 30, 2003, the right to import, manufacture, transport, distribute and sell gas for public and private use in the Municipality, and for these purposes to construct, operate, repair and maintain in, on, over, under and across the Public Ground of the Municipality, all facilities and equipment used in connection therewith, and to do all things which are necessary or customary in the accomplishment of these objectives, subject to zoning ordinances, other appli- cable ordinances, permit procedures, customary practices, and the provisions of this franchise. 0 2.2. Effective Date; Written Acceptance. This franchise shall be in force and effect from and after its passage and publication as required by law, and its acceptance by the Company in writing filed with the Municipal Clerk within 60 days after publication. 2.3. Nonexclusive Franchise. This is not an exclusive franchise. 2.4. Franchise Fee. The Company may be required to pay to the Municipality, in the manner and at a rate prescribed by a separate ordinance, a fee determined by collections from sales of Gas, but not to exceed 5% of the Company's gross revenues from the sale of Gas within the Municipality. Such ordinance may be adopted, amended, repealed or readopted at any time during the term of this franchise. The fee, if required, shall be effective 90 days after written notice of the ordinance to the Company. No such fee shall be effective as to sales made before January 1, 1984. The fee shall be separately stated on gas bills rendered to customers within the Municipality. 2.5. Publication Expense. The expense of publication of this ordinance shall be paid by the Company. 2.6. Default. If the Company is in default in the perfor- mance of any material part of this franchise for more than 90 days after receiving written notice from the Municipality of such default, the Municipal Council may, by ordinance, terminate all rights granted hereunder to the Company. The notice of default shall be in writing and shall specify the provisions of this franchise under which the default is claimed and state the bases therefor. Such notice shall be served on the Company by per- sonally delivering it to an officer thereof at its principal place of business in Minnesota. If the Company is in default as to any part of this fran- chise, the Municipality may, after reasonable notice to the Company and the failure of the Company to cure the default within a reasonable time, take such action as may be reasonably neces- sary to abate the condition caused by the default, and the Com- pany agrees to reimburse the Municipality for all its reasonable costs and for its costs of collection, including attorney fees. Nothing in this section shall bar the Company from chal- lenging the Municipality's claim that a default has occurred. In the event of disagreement over the existence of a default, the burden of proving the default shall be on the Municipality. SECTION 3. CONDITIONS OF USE. 3.1. Use of Public Ground. All utility facilities and equipment of the Company shall be located, constructed, installed and maintained so as not to endanger or unnecessarily interfere 2 with the usual and customary traffic, travel, and use of public ground, and shall be subject to permit conditions of the Munici- pality. The permit conditions may provide for the right of inspection by the Municipality, and the Company agrees to make its facilities and equipment available for inspection at all reasonable times and places. 3.2. Permit required. The Company shall not open or dis- turb the surface of any public ground for any purpose without first having obtained a permit from the Municipality, for which the Municipality may impose a reasonable fee to be paid by the Company. The permit conditions imposed on the Company shall not be more burdensome than those imposed on other utilities for similar facilities or work. The mains, services and other prop- erty placed pursuant to such permit shall be located as shall be designated by the Municipality. The Company may, however, open and disturb the surface of any public ground without a permit where an emergency exists requiring the immediate repair of its facilities. The Company in such event shall request a permit not later than the second working day thereafter. 3.3. Restoration. Upon completion of any work requiring the opening of any Public Ground, the Company shall restore the same, including paving and its foundations, to as good condition as formerly, and shall exercise reasonable care to maintain the same for two years thereafter in good condition. Said work shall be completed as promptly as weather permits, and if the Company shall not promptly perform and complete the work, remove all dirt, rubbish, equipment and material, and put the Public Ground in good condition, the Municipality shall have the right to put it in good condition at the expense of the Company; and the Company shall, upon demand, pay to the Municipality the cost of such work done for or performed by the Municipality, including its administrative expense and overhead, together with ten per- cent additional as liquidated damages. This remedy shall be in addition to any other remedy available to the Municipality. 3.4. Relocation of Utilitv Facilities. The Company shall promptly, with due regard for seasonal working conditions, per- manently relocate its facilities or equipment whenever the Muni- cipality orders such relocation. If the relocation is a result of the proper exercise of the police power in grading, regrading, changing the location or shape of or otherwise improving any Public Ground or constructing or reconstructing any sewer or water system therein, the relocation shall be at the expense of the Company. If the relocation is not a result of the proper exercise of the police power, the relocation shall be at the expense of the Municipality. If such relocation is done without an agreement first being made as to who shall pay the relocation cost, such relocation of the facilities by the Company shall not be construed as a waiver of its right to be reimbursed for the 3 relocation cost. If the Company claims that it should be reim- bursed for such relocation costs, it shall notify the Munici- pality within thirty days after receipt of such order. The Municipality shall give the Company reasonable notice of plans requiring such relocation. Nothing contained in this subsection shall require the Company to remove and replace its mains or to cut and reconnect its service pipe running from the main to a customer's premises at its own expense where the removal and replacement or cutting and reconnecting is made for the purpose of a more expeditious operation for the construction or reconstruction of underground facilities; nor shall anything contained herein relieve any person from liability arising out of the failure to exercise reasonable care to avoid damaging the Company's facilities while performing any work in any Public Ground. 3.5. Relocation When Public Ground Vacated. The vacation of any Public Ground shall not operate to deprive the Company of the right to operate and maintain its facilities therein. Unless ordered under Section 3.4, the Company need not relocate until the reasonable cost of relocating and the loss and expense resulting from such relocation are first paid to the Company. When the vacation is for the benefit of the Municipality in the furtherance of a public purpose, the Company shall relocate at its own expense. 3.6. Street Improvements, Paving or Resurfacing. The Municipality shall give the Company reasonable written notice of plans for street improvements where paving or resurfacing of a permanent nature is involved. The notice shall contain the nature and character of the improvements, the streets upon which the improvements are to be made, the extent of the improvements and the time when the Municipality will start the work, and, if more than one street is involved, the order in which this work is to proceed. The notice shall be given to the Company a suffi- cient length of time, considering seasonable working conditions, in advance of the actual commencement of the work to permit the Company to make any additions, alterations or repairs to its facilities the Company deems necessary. In cases where streets are at final width and grade, and the Municipality has installed underground sewer and water mains and service connections to the property line abutting the streets prior to a permanent paving or resurfacing of such streets, and the Company's main is located under such street, the Company may be required to install gas service connections prior to such paving or resurfacing, whenever it is apparent that gas service will be required during the five years following the paving or resurfacing. SECTION 4. INDEMNIFICATION. The Company shall indemnify, keep and hold the Municipality, its elected officials, officers, 4 employees, and agents free and harmless from any and all claims and actions on account of injury or death of persons or damage to property occasioned by the construction, maintenance, repair, removal, or operation of the Company's property located in, on, over, under, or across the public ground of the Municipality, unless such injury or damage is the result of the negligence of the Municipality, its elected officials, employees, officers, or agents. The Municipality shall not be entitled to reimbursement for its costs incurred prior to notification to the Company of claims or actions and a reasonable opportunity for the Company to accept and undertake the defense. If a claim or action shall be brought against the Municipal- ity under circumstances where indemnification applies, the Com- pany, at its sole cost and expense, shall defend the Municipality if written notice of the claim or action is promptly given to the Company within a period wherein the Company is not prejudiced by lack of such notice. The Company shall have complete control of such claim or action, but it may not settle without the consent of the Municipality, which shall not be unreasonably withheld. This section is not, as to third parties, a waiver of any defense or immunity otherwise available to the Municipality, and the Company in defending any action on behalf of the Municipality shall be entitled to assert every defense or immunity that the Municipality could assert in its own behalf. SECTION 5. ASSIGNMENT. The Company, upon notice to the Munici- pality, shall have the right and authority to assign all rights conferred upon it by this franchise to any person. The assignee of such rights, by accepting such assignment, shall become subject to the terms and provisions of this franchise. SECTION 6. CHANGE IN FORM OF GOVERNMENT. Any change in the form of government of the Municipality shall not affect the validity of this franchise. Any governmental unit succeeding the Munici- pality shall, without the consent of the Company, automatically succeed to all of the rights and obligations of the Municipality provided in this franchise. SECTION ?. SEVERABILITY. If any portion of this franchise is found to be invalid for any reason whatsoever, the validity of the rest of this franchise shall not be affected. SECTION 8. NOTICES. Any notice required by this franchise shall be sufficient if, in the case of notice to the Company, it is delivered to Minnegasco, Inc., attention Vice President, Minnesota Operations, 201 South Seventh Street, Minneapolis, Minnesota 55402, and, in the case of the municipality, it is delivered to: 5 SECTION 9. PREVIOUS FRANCHISES SUPERCEDED. This franchise supercedes all previous franchises granted to the Company or its predecessors. • Passed and approved Mayor of the City of Minnesota ATTEST: Clerk of the City of Minnesota • 6 • CITY OF RICHFIELD, MINNESOTA Office of City Manager x? 7 Council Letter No. 210 Agenda June 13, 1983 The Honorable Mayor and Members of the City Council City of Richf field Council Members: Subject: Request for Variance to Reduce the Required Rearyard Setback to Construct an Addition, 7229 Humboldt Avenue • Joseph and Sharon Schrodt have requested a variance to re- duce the required rearyard setback in an R-1 zoning district from 25 feet to 16 feet. The applicants wish to remove an ex- isting deck on the rear of their house and construct an addition onto the rear of their house. The proposed addition would be 14 feet wide at its widest part and would extend the full width of the existing house. The proposed addition would be set back 16 feet from the rear property line. The existing house is setback 30 feet from the rear property line and the existing deck is set back 18 feet from the rear property line. Staff Review In reviewing the proposal the staff has discovered that the existing property does not meet a number of the R-1 district requirements and, therefore, is a non-conforming use. The following R-1 district requirements are not met on this site: 1. The existing lot area is 4,200 square feet rather than the required 10,000 square feet; 2. The lot frontage is 50 feet rather than the required 75 feet; 3. The interior setback on the north side of the dwelling is 5 feet instead of the required 10 feet. The ex- isting lot coverage is 28% which is 3% more than the maximum lot coverage allowed. • The ordinance states that non-conforming uses cannot be expanded, therefore an additional variance would be necessary to allow the proposed expansion. Zoning Ordinance Requirements Section 3.29, subidvision 1 indicates that non-conforming structures cannot be enlarged, extended or altered except in conformity with the zoning regulations. Section 3.30A, sub- Council Letter No. 210 -2- June 13, 1983 • division 5 requires a minimum rearyard setback of 25 feet, and Section 3.40, subdivision 6 lists three conditions which must be present for a variance to be granted. Staff Findings The staff reviewed the application against the three con- ditions for granting variances and found the following: 1. It is the staff's opinion that there are special cir- cumstances present on this site. The site is located adjacent to 35W and on this particular block the 35W right-of-way extends beyond the street, closer to the houses. The front property line is therefore located approximately 44 feet behind the curb of Humboldt Avenue. There is typically a 10 to 12 foot boulevard area on residential streets rather than the 44 feet that is the case on this particular lot. This increased distance not only reduces the size of the lot, but also requires the building to be located much closer to the rear property line than is typical in most residential areas. This limits the ability of the property owner to construct additions to the rear of this house. 2. It is the staff's opinion that the denial of the variance would not preclude reasonable use of the property. The existing single family residential use could be continued on this site if the variance is denied. 3. The staff is of the opinion that the proposal would not be detrimental to the public welfare. The proposed addition would be in the rear yard and would not be visible from public streets. There would be sufficient separation between the addition and the structures on adjacent lots. The proposed addition would only be slightly larger than the deck which currently exists on the site. Staff Recommendation Because the planning staff has found that the three conditions which must be met for a variance to be granted have not been met, it is recommended that the variance be denied. Planning Commission Recommendation The planning commission unanimously recommends denial of this variance request. Respectfully submitted, Karl Nollenberger City Manager KN/ej a t o okorn 11 ma? Oe hereby make pyre c?-fio? ?r ? vary Q•?c ? o, ? Car prope4y f 0ce,14e d a i 722q Pico ?re ld NI,? ,, Ps o fa. {?.-? ??('or,?? n yeas orts y Aas &7 - ? y ?e?sed 6 Z f? f o (. l Je Ore ver y y a?Py ?? ?e? y?bo??oodr die rler h bons a/Let au r- ?Dr'oJp e r /oc ? ? o h.. G4)e do des r re- -/-o el-;last c car hCMe- as sAoCZY7 0/7 7%P of awed dr-afolnys 7D /'CMa'r? r- 71j16 1°Qri oT 71' e Cor.-?nr urt i7? GJe Y AAve 4wo bobs ?? ??Aje'lPlel 14A JcAool 0124K 540 /10- ' Gvi.S A Ta r-eino Ve 7i7 E/3't by n" o vl rls 7ZO ano lI&r' COm ? ur1 ? ? . f7S matt o? Car re 64 f ner Lt bor-S hove ? •z? ? y f l Po ? o r 7hP to ro?os ec? llrr.,We d-? our ra e r w i l j Q/So enhance 71' e svrrcanali, prooer ?y / a1701 a-/. W l / Prob?b l /?Cr«s? -Iqe fixes 1641 d >ZO ?(f y C Drn nl 4,4,r7 ??orl cv is ?-o o s ed a d r cod y ? ?o d ro r? , cc? l ? -Su,OP?emer?7?/rl? mart y C'i??°?' ConSer'?/?.?io,? a Tl C4 S 1/7 C /"Z// n el?el-j 41 e7q/ c r c rt f 7"/ r'e ?? c e Nenerjy e ?;(c, c 4l- u)r rr dOC4-)s 7'Aro u /7 o cif' h o u,se It7 eludir, y &XtS?rn? yOo!flopl. /n 7ne eer bfi? (?) /7gtc) SIB/n 04 7f'1e enT/re Avase 5 /rl G l udrflf r lr 12 ?rrsr,?/?, f r®? addr ?7o4 be-rlu.)eel 74?e 17e.w srd rril 4.r7 a/ -freAme o?house (S) r'l rd InsCLfa bel-7eC--I-A new ,SecAlvo ojel- base,Piet eonCre1 e. Cc?e kel #a-,V we haVt- me f OW 7%e Se? ? /- Tit l ? ? ? l /n 7°o r" C 9/Cc (° l ?. n ? C o? r S ? y 5 roperl a.I dPS rrc 7r >? f 4?rr?.r co?.?.t rs.s 1 P Y P ? L? • J y ?d d? ??ort . / r1QrL?c o? . a Pro?P o 7 iS home_ %?sPe???u/l y ?? ?{ SAP ?se??. M. ,Sr?rodf Sharon M, S?Gt?cdf • 7 AO' 7T oc) y A kmboia • ?SZ 3-G3 .02 • • 9 REQUEST -70R VARIANCE Or FOR PURPOSE OF Legal Description: ' We, the undersigned, being owners or i.=ediate adjoining land as above described, do hereby concur with the variance as recuested. Signature o= 0umers* • Address i T f 1? V? I I I I I 1 • _? `7 y • From Bob Bower i 124 S 5 7'?LJ rI L C7 C7 1-1 October 15, 1979 Room 511 256-8566 Ms. Sharon M. Brunner 7229 Humboldt Avenue South Richf ield, minne,sota 55423 In reply refer tot 360 S.P. 7727 (65-50) 901 Hennepin County Parcel 28 - M. F. Ackley Reconveyance Dear Ma. Brunners A little better than a year ago you requested the reconveyance of a portion of Lot 14, Block 5, Irvin Shores, Hennepin County Minnesota. I am sorry to inform you that the necessary approvals have not been obtained for this reconveyance. We have been advised by our District Office in Golden Valley that there is a possibility that this easement may be needed at a future date for the upgrading of T.h. No. 65. if the property can be sold at a future date and you are the underlying fee owner you`will be given the opportunity to repurchase the State's easement. If you have any questions please feel free to call mr. W. M. Swanson at (612) 296-8566. Sincerely, J. }i. Ashe, Acquisition F..ngineer Right of Way Operations bcc: W. M. Crawford, Dist. 5 E. IL-Howe, Dist. 5 W. M. Swanson, 511 J. G. Schmitz, 509 It j4 I** CITY OF RICHFIELD, MINNESOTA 40 Office of City Manager Council Letter No. 209 Agenda June 13, 1983 The Honorable Mayor and Members of the City Council City of Richfield Council Members: Subject: Request for Variance to the Interior Sideyard Setback to Construct Addition, 7020 Knox Avenue John and Janet Jensen are requesting a variance to reduce the required interior sideyard setback of their residence at 7020 Knox Avenue from five feet to three feet. The Jensens wish to remove an existing 10 foot by 12 foot three-season type porch on the south side of their dwelling and replace it with a 12 foot by 27 foot three season porch with a full basement under it. The proposed addition would be within three feet of the side property line, which would require a variance. Zoning Ordinance Requirements Section 3.30, subdivision 5 requires a minimum interior sideyard setback of 5 feet in an R residence zoning district. Section 4.50, subdivision 6 lists three conditions which must be present for a variance to be granted. Staff Review The planning staff has reviewed the proposal against the three conditions which must be present for a variance to be aranted and found the following: 1. It is the staff's opinion that there are no special cir- cumstances present at this site not common to other sim- ilarly zoned sites in the neighborhood or other areas in the city; 2. It is the staff's opinion that denial of this variance would not preclude reasonable property rights. The ex- isting family use could be continued on the site and there are also alternatives available for constructing . a three season porch which would not require a variance; 0 • i Council Letter No. 209 -2- June 13, 1983 3. It is the staff's opinion that the proposed reconstruct- ion of the three season porch would be detrimental to the public welfare. The proposed 8 foot separation between the adjacent buildings would be insufficient, and accord- ing to the Assistant Fire Chief, would increase the fire exposure hazards and would ultimately increase costs of fire suppression if a fire would occur in either of the two buildings. Also, the proposed three foot setback would not be consistent with the typical five to ten foot interior setbacks found in the neighborhood. Staff Recommendation Because the three conditions for granting variances have not been met, the planning staff must recommend that the variance be denied. It should also be noted that the council previously has not approved variances which allow residences to be separ- ated by less than ten feet. Therefore, approval of this variance would be creating a precedent for allowing separations of less than ten feet. Planning Commission Recommendation The planning commission unanimously recommends that this variance request be denied. Respectfully submitted, KN/eja Karl Nollenberger City Manager 0 Pi :1 ay 183 • Fequcst fcr Variance 7020 Knox Ave . So. ZZ rice: iel,::, '„n. Ja7YGJ To Whom It `ay Concern; TI e are requesting this variance for the curr_oae of enlari ng cur porch on the south side of our home. our existing porch, which, extends 1,-_1 the house and is la' vide, is in very had condition and is uncozmfcrtaoly sr:.al1- 'Ie need to do scmethir_g to remedy this situation. Several factors have led us to request tc'is variance. The first, and most important to us, is the vast airferer_ce in usability between a 10' vide room and a 12' Ni :a room, in both the casement anti in the , orch. Another factor is the small difference in cost cetseen going mown to frozt footing level versus full basement level. Another factor is shat we reel ?vculd be the increased attractiveness of the house and the neighborhood. ee hcpe that you :vill conside- ,heae factors in cu- favor . Sincerely, Jon N. and Janet L. Jensen 0 1 ? a A t i ? I ! I ? i M I ? `aa I c • 1 ? i REQUEST FOR VARIZLVCE OF .^ FOR PURPOSE. OF Legal Descri_otion• We, the undersigned, being owners of immediate adjoining land as above described, do hereby concur with the variance as requested. Signature of Owners* • • Address 1 , ,? IJ kti? 7a.3 ?.1..v i -70 ?l 7(Ir C1 22- ,; ?, - P r i i i * Signatures may not be removed once the petition is signed and returned to the Planning Division. L L_.J 5/I8/83 J.Jensen vs Richfield Planning Comm. I believe that anyone should be allowed to improve their property as long as they remain within their property limits. This is exactly what the Jensens pro- pose to do. Iam in favor cf granting the varience that the Jensens 'require. Sincerely / e??1A_ __ ?, 7 a /2 B X ?_; 0 1s 7 Y 7* n y ?+-er _ ?Da-O ?'Cno? ?? 7,? ?? ??.? ? , ??-?-? ? ? ? ? ? ? ? ???,. ? ?? ??.?.?? ?. ? ?? ??? ?,/? a !?. ? ? ??.? ?' ?? ?? ? ? .? ?? -?- ?? ? ?? j1 ??? ? ? ?? ?? ????? ?? .? ? ..-, ,y v i ?. y? 1 rU?LiC HEM lNC NC7!C` CITY CF FIC;?F?__ - ?t ANNINC- "CCM ,AI TO I ?ro erty owners wi t.in 350 feet o L. 7020 ro revenue South APcr ICAN i I -on and Janet :ensen LC CyA711?CNp???(?..j????-, I of 1 -,. - , C_? 1 f 11Vi x.11 ••e 0 i•/ V..r:s v, ?.i?.?..v .. +..??n.V it ?\..s a..i? 1 1 (7020 Knox :venue Scuth) ?URPoS? To hear reasons for or against the granting cf a variance to reduce an interior sideyard setback requirement -from 5 feet tc 3 feet. TIME Ct HEAPING ?!-ACE Cr HEARING ?CVTY 70 ?A.hli iC:PAnW ? -3 I ,CNS 7:30 PM, Tuesday, May 24, 1963 Council Chambers, Ci _, Hall, 6700 Portland - L___ tend the hearinc and give ces--' - or or against t;- roccsa71 . ? -etter 1i Tt1 1 - - 1= P ar C '' eX?°r AS Slng (Dur Iiews 'mial[°o contact. R_ct Jccxe ?a ?, ?n^er 6700 ?crtLand Avenue Scut.l 669-^52 e::t. ?__ 0- r ,may • ;?? 0 TC :,raLIC:.NT LCCA7?CN CF PROPER Y e v 1. Pj? t 71ME OF HEARING PLACE OF HEARING HCW To PAR i 1C:PA i e ANY CLES i 1CNS rUS' iNG NC71CE C TY OF FIC F;C6- YL INNING C`;,?;`r11SS iCN Pr=ert,r cwners wit^in 350 feet of 7020 Knox Avenue Sou--., ion and Janet ease^. Lot 5, ?_ock 8, Forest Lawn Addition (7020 Knox Avenue Scut:!) To 'year reasons for or aclainst tIle granting of variance to reduce an interior sideyard setback requirement from 3 feet to 3 feet. 1 7:30 PM, Tuesday, May 24, 1983 P I Council `C,ya,q,bers, Hall, 6700 Portland a e:cr -- 1. =he :ear' ng and ai',e yes?_.-ton?_- c- 3ca1nS t_.e prcpcsa.L. 2. a _etter t^@ P1ann?_^C CCTT1iSS4 ,s °x?ress?nq ,To'1r ?y_ews in ?Nr4 "a. C'ontac ? .{ vpke ':D 7 _anner Ci t-r City ofi ..= e 6,00 ?crtland Avenue Scu_h ?_cnf-e_ `T 4 23 'AAIL:NG n ^ '.Tarr - ^ a 93 • ?- v i a- 4 ? ? ?-?e-?i SOU TO C DOROTHY & WALLACE SKOGL UND 7030 Logan A ve. So. Minneapolis, Minn. 33423, (612) 869-0644 LJ ? a X13 CITY OF RICHFIELD, MINNESOTA Office of City Manager Council Letter No. 208 Agenda June 13, 1983 The Honorable Mayor and Members of the City Council City of Richfield Council Members: Subject: Purchases in Excess of $2,650 By resolution, purchases of merchandise, Materials, equipment or construction in excess of $2,650 must be approved by the city council. There are two items on the June 13, 1983 city council agenda. Dasher Facing for Ice Arena The approved improvement project at the ice arena includes re- placing the dasher boards and kickplates around the ice sheet. • The project is to be funded over two years, 1983 and 1984, with the work to be done by city staff during the annual shutdown. One half will be done in 1983, and one-half in 1984, due to the limited amount of time available for construction during shutdown. However, to assure that the dasher boards and kickplates will match, it is necessary to order all of the supplies and :materials at the same time. Two written quotations were received for white dasher facing, yellow kickplate, red and blue line kit, and nylon rivets. Seelye Plastics, Inc. quoted a total of $3,814 and Holsten Ice Rinks, Inc. quoted $3,711. It is recommended that the city council authorize this purchase from Holmsten Ice Rinks, Inc. in the amount of $3,711. Hot Mix Base and Wear Surfaces In August of 1982 there was a water main break in the area of 63rd Street and Cedar Avenue. In April, 19013, a major water main break occurred in the area of 71 1/2 Street and Upton Avenue. As the breaks were repaired, temporary rough patching of the streets was done with the use of a cold mix asphalt material. In order to complete the repair after the settling of the disturbed area, it is necessary to excavate the area, apply a base mix surface and • then complete the application of a wearing surface of hot mix. Council Letter No. 203 -2- June 13, 1933. Two written quotations were received for this asphalt work. • Northwest Asphalt, Inc. quoted $5,731 and rcNamara-Vivant quoted $5,500. It is recommended that the city council authorize the purchase from McNamara-Vivant in the amount of $5,500. Respectfully submitted, Karl Nollenberger City Manager KN/eja 0 3 0 CITY OF RICHFIELD, MINNESOTA Office of City Manager Council Letter No. 207 Agenda June 13, 1983 The Honorable Mayor and Members of the City Council City of Richfield Council Members: Subject: Airport South Transportation and En- vironmental Study Presentation At the 5:30 p.m. city council study session on June 13, a presentation will be made by the staff of the Airport South Transportation and Environmental Study. The purpose of this presentation will be to give the council members an opportunity to be updated on the nature and status of the above mentioned study. The boundaries of the study area are I-494 on the north, the Minnesota River on the southeast, and County Trunk Highway 77 on the west. While the study area was prompted by the future redevelopment of the Metropolitan Stadium site, the study area itself is actually much larger than the stadium site. It is anticipated that the presentation will take from 20 to 25 minutes and will be followed by a question and answer session. The staff for the study includes personnel from both the City of Bloomington and the Metropolitan Council as well as a consulting firm. The city council is not being requested to take any offic- ial action on the study at this time. Respectfully submitted, ( Karl Nollenberger City Manager KN/eja 0 ?Zz CITY OF RICHFIELD, MINNESOTA Office of City Manager Council Letter No. 206 Agenda June 13, 1933 The Honorable Mayor and Members of the City Council City of Richfield Council Members: Subject: Amended Final Development Plan, Special Use Permit and Off-Street Parking Permit - Hausers/Snyder/Hub Area On March 14, 193, the city council approved a final develop- ment plan, special use permit, and off-street parking permit for the Hauser's/Snyder building within the Hub Superblock Planned Unit Development area. The following stipulations were part of the approval: 1. That trees be provided as indicated on the approved PUD plan; 2. That the crosswalk acorss 65th Street adjacent to East Pleasant Avenue remain in its existing location. The driveway is to be widened to the west and redesigned to accommodate semi-trucks. The final design of the curb cuts is to be submitted for city staff approval; 3. That a schedule of light replacement for parking lot lights be submitted for staff approval to bring these light standards in conformance with the L/H/N guidelines; 4. That a pedestrian sidewalk be constructed from the Kentucky Fried Chicken facility north property line to the sidewalk system on the Hub/Snyder/Hauser property, subject to city staff approval; 5. That the Fotomat building be repainted in colors conform- ing with the L/H/N design guidelines or that the structure be removed at the earliest possible time. Subsequent to that approval, the property owner has attempted to market the space in the proposed 12,350 square foot addition on the north end of the existing structure. However, the property owner indicates he has been unable to find tenants for the 19 proposed space. He has further indicated that potential tenants were unwilling to rent spaces 100 feet deep. Council Letter No. 206 -2- June 13, 1983 The property owner has recently submitted an amended paln re- ducing the amount of space in the proposed new addition from 12,350 square feet to 9,950 square feet. The proposed addition would be 80 feet deep instead of the previously approved 100 feet deep. This reduction would be accomplished by constructing the addition even with the front of the existing building, instead of jogging eastward 20 feet as was indicated in the previously approved proposal. The driving aisle in front of the building would con- tinue straight on to 65th Street and the curb cut would not be re- located eastward as was earlier indicated. Exterior building mat- erials would remain the same as previously approved. The staff has reviewed the proposed amendment and finds the following: 1. The proposed reduction in floor area is a change of 19%. The city PUD ordinance requires that the development of the P17D district shall be in substantial compliance with the approved PUD plan and any conditions imposed by the council. Compliance shall not be considered substantial if there is more than 10% change in the floor area of the structure. Therefore, the proposed change would not be in substantial compliance because there has been more than a 10% change in the floor area of the building. It is the opinion of the staff, however, that the change in floor • area would not be detrimental to the general welfare or to the development within this PUD district. The property owner will still be making a substantial improvement to the property. 2. At the March 14, 1983 city council meeting there was con- siderable discussion concerning pedestrian access from 66th Street to 65th Street, across Kentucky Fried Chicken property and the Hauser/Snyder property. The council stipulated that a pedestrian sidewalk be constructed from the north property line of the Kentucky Fried Chicken parcel to the sidewalk system on the Snyder/Hauser property. Staff has since met with a representative of the property owner to discuss al- ternate sidewalk locations. The current plan indicates that a new five-foot wide sidewalk would be constructed along the south edge of the property which would connect to the sidewalk to be constructed along the east side of the Kentucky Fried Chicken parcel. Also, there currently is no continuous sidewalk all the way across the front of the Hauser Supermarket. There is sidewalk only along approximately half of the building. The other half is landscaped and, according to the current plan, would continue to be landscaped. The staff suggests the council may want to consider an additional stipulation • requiring_ a continuous sidewalk across the front of the building to better connect to the proposed new sidewalk along the south end of the property. Council Letter No. 206 -3- June 13, 1983 3. The council also stipulated that the crosswalk across 65th Street adjacent to Pleasant Avenue remain at its existing location and that the curb.cut on the northwest corner of the site be widened to the west rather than to the east. The current plan indicates that this stipula- tion will be carried out. 4. There will be sufficient parking available on this site. The reduction in floor area results in 12 fewer parking stalls being required, which results in an overall improvement of the parking ratio on this site. 5. The traffic circulation on the site would be improved by the proposed change. The previously approved proposal in- dicated that the driving aisle in front of the building would jog eastward in front of the new addition. The current proposal indicates that the driving aisle would be straight which will be safer from the standpoint of not requiring turning movements by vehicles and also by improving ped- estrian visibility. 6. When the council approved the final development plan in March, the council stipulated that trees be provides as indicated in the approved PUD plan. The trees in question were not shown on the end island on the proposed site plan • on the southeast portion of.the parking area, and the current plan also does not indicate that these trees will be pro- vided. 7. Staff has not received a schedule of light replacement as previously stipulated by the council. It is the opinion of the staff would not be detrimental to the g ment in the area of the proposal, that the city council approve the special use permit and off-street following stipulations: that the proposed change in plan eneral public, nor to the develop- and it is therefore, recommended amended final development plan, parking permit subject to the 1. That a continuous sidewalk be provided along the total frontage of the Hauser Supermarket building. 2. That trees be provided as indicated on the approved PUD Plan. 3. That a schedule of light replacements for parking lot lights be submitted for staff approval, to bring these light standards in conformance with L/H/N guidelines. Respectfully submitted, Karl Nollenberger City Manager KN/ ej a • I o z O m S m r- m D 1 O' z IF7 m D y -4 m r- m D O Z '. pal", as • 11 ] 7r-7 j- -=r a 8 ??`4 P mt- z K -0- 7- fi' 1 ? D i LI O S i < jl c D Z ? >I n i l i i i I1? II I' i I I i i! ?` i WEST 66th ST Ell O ol? ? ilk j. o> m m Y a z = ° £> - r.. I , of I i I Z 3 R t ? i WEST 65th ST SNYDER HUB FOODS MALL EXPANSION •EY]/])/1] • C7 • O Z G7 Z c 3 Z C:J m 7 z N U1 r" r"S Z C!! m Z 7 I I? SERVICE ??. "CS- NG PARKING LANE) T x ,; I rr I S I ? ? L I Cl1 m O n Gv > A J 2• ° C Un m I I!; ° R1 ?' I ? m i ..a ..?•• ? I j i? t t 5 I I ? i • .w D ? i l R T ?` AA G?V? Of I U 4GII ? ? v Q? ! ? I G? ?p 3Dflt3 ? ? i? y m • ? t 3II?iD ? ? m - I is U - .sue i.. - 8ti ?. _ ..r. 7 "• _ k 21 fL.?CA: sCLLj FARO 'DE=S WEST 55th ST J N o ? pp??g z j C?hbG Gpr1G ? / ? Aso i i i i ' I -rL154?54 1-j 71 .., vPA'L" FS' Paul Pink and Associates, Inc. Cate: 430 Oak Grove Minneaoohs, MN 55403 (612) 871-5615 Comm: i570 0 CITY OF RICHFIELD, MINNESOTA Office of City Manager -7&4,-Wj Council Letter No. 205 Agenda June 13, 1983 The Honorable Mayor and Members of the City Council City of Richfield Council Members: Subject: Cedar Avenue Redevelopment Planning On May 16, 1983, the HRA and the city council heard the re- sults of a market study authorized by the city council for the Cedar Avenue liquor store site. During the discussion, there was expression of interest in considering the establishment of a tax increment redevelopment project in the area. The information in this letter is presented to facilitate that discussion. During the past two years, two studies have been initiated and completed which involved the Cedar Avenue area, that is, the area generally bounded by 63rd Street on the north, State Highway 77 on the east, two parcels south of 67th Street on the south, 18th Avenue Avenue on the west, south of 66th Street, and Cedar Avenue on the west, north of 66th Street. There are two non-resi- dential properties on the west side of Cedar Avenue, one at 63rd Street, and one at 65th Street which would also be included within thie project. In 1981, the HRA authorized the Technical Advisory Research Service (TARS) of the League of Minnesota Cities to examine the potential for redevelopment in this area. On October 25, the city council authorized a study by James B. McComb & Associates to determine the most marketable future land uses for the Cedar Avenue liquor store site. The TAPS report examined four basic issues: the condition of the property in the area; redevelopment of the liquor store site; vacation of 67th Street, and inclusion of property adjoining 67th Street, and inclusion of property adjoining 67th Street to the south in the redevelopment; and comprehensive renewal/redevelop- ment of the area. TARS concluded that the conditions in the commer- cial area north of 66th Street warranted public intervention. The mixed land uses, inappropriate land uses, and deteriorating structures, were the basis for recommending intervention. Another conclusion was that the redevelopment of the liquor store site, because it is publicly-owned and tax exempt, could be utilized to leverage or help pay for redevelopment north of 66th Street. Tax increment would be the financing method which would provide this leverage. The amount of leveraging would be determined by the intensity of the new development - the greater the tax generated by the new de- velopment, the greater the amount of leverage. If the liquor store Council Letter No. 205 -2- June 13, 1933 site was too small to accommodate a preferred development, con- sideration should be given to vacating 67th Street and including the commercial structure on Cedar Avenue and the two duplex houses on 13th Avenue which are south of 67th Street. The McComb study examined the marketability of the liquor store site. The study concluded that the greatest potential for marketing the site was with condominium offices and condominium residential units even though the office space market is currently soft. Also, a Richfield resident, Ralph Bruins, appeared at the council meeting and indicated he is working with an area businessman who is interested in redeveloping the liquor store site. Formulating a redevelopment strategy for the area would be appropriate at this time as the area does need improvement. The blighting influence identified by TARS two years ago still exist. The staff has been identifying the non-residential property for sale or lease in Richfield on a monthly basis for about a year. A relatively high turnover in property in the area has been noted. In addition, there may be opportunities to remove inappropriate land uses, such as single family housing, and create parcels suitable for non-residential redevelopment. A possible course of action to pursue redevelopment would be as follows: In October and November, 1982, the city council appropriated $18,000 from the Special Revenue Fund to pursue a • two-step study of the liquor store site. James B. McComb & Associates completed the first phase. At the time the study was initiated, it was thought there would be a need for a two-phase market study. However, a second phase, as originally envisioned, seems unnecessary. The first phase cost $361 less than the authorized amount of $11,600; thus, there is a balance of $6,761. That balance would probably be sufficient to pay for the cost of a redefined second phase which would include exploring, in a preliminary fashion, the tax increment feasibility of a project, the cost of preparation of a financial plan, land use plan, and other documents necessary to legally establish a project. The expenditure of the remaining $6,671 would include costs for staff and consultant charges. The process would proceed in the following manner: the staff would undertake the preliminary finan- cial analysis during July and August. If it appeared that the cost of purchasing property and paying relocation benefits could be financed by the tax increment from new development, then a consultant would assist the staff in preparing the documentation required under the law to establish a tax increment project. The documents would then be presented to the city council and the HRA for consideration. It is believe that this could be accomplished by October, 1983. It is recommended that the city council direct the staff to pursue the formulation of a redevelopment project for the area, authorize the expenditure of the balance of the funds in the • Special Revenue account allocated for these purposes, and inform Council Letter No. 205 -3- June 13, 1983 • the HRA of the city council's concern and interest in improving this area. Respectfully submitted, Karl Nollenberger City Manager KN/eja 40 E CITY OF RICHFIELD, MINNESOTA Office of City Manager Council Letter No. 204 Agenda June 13, 1983 The Honorable Mayor and Members of the City Council City of Richfield Council Members: Subject: Adams Hill Park Pathway Project On May 9, 1983, the city council authorized the city staff to obtain prices for the pathway system at Adams Hill Park. Three quotations were received which showed that the price of the path- way system would be in excess of $10,000, which requires a sealed competitive bidding process. The first pathway was for the section from the cul-du-sac at Xerxes Avenue, along the pond berm in an easterly direction, connecting with the existing pathway in the vicinity of the hard court area. The second pathway was for the section encircling the ponding area. It appears there are two options available at this time. 1. Complete the pathway from the Xerxes Avenue Cul-de-Sac. This is a project of approximately 650 l.f. The quota- tions which have been received for this work indicate a cost of $5,525. It would be the recommendation of the staff, should this option be selected, that the quo- tation of Bituminous Roadways, at a unit price of $8.50 l.f., be accepted for a total purchase price of $5,525. 2. Complete the Pathway from the Xerxes Avenue Cul-de-Sac and the Pathway Encircling the Pond. On the basis of the quotations received, this option would necessitate formal bidding process. There is sufficient funds available in the project to complete this work. Should this option be selected, the staff recommends plans and specifications be prepared as soon as possible for award of contract to allow construction to take place in 1983. People attending the neighborhood meetings for the planning and design of Adams Hill Park have been informed the city council agenda for June 13, 1983 includes an item on the Adams Hill Park pathways. It is the recommendation of the staff that option two be selected, if the city council feels a commitment to do the Council Letter No. 204 -2- June 13, 1983 entire pathway, including the path encircling the pond. If the city council does not feel a commitment to the path encircling the pond, the staff would recommend selection of option one. Essentially, the entire park facility should be made avail- able to the citizens of our community as all of the other park re- development projects have done. Pathways at Monroe, Donaldson, Christian and Roosevelt are all set in locations to fully utilize the parks adjacent to houses. Respectfully submitted, !? v ?L c 2n KN/eja 0 Karl Nollenberger City Manager 40 ?a/ CITY OF RICHFIELD, MINNESOTA Office of City Manager Council Letter No. 203 Agenda June 13, 1983 The Honorable Mayor and Members of the City Council City of Richfield Council Members: Subject: Request for Approval of Amended Final Develop- went Plan, Special Use Permit, and Offstreet parking Permit for Richfield State Agency On October 25, 1982, the city council approved an amended planned unit development, final development plan, special use permit, and offstreet parking permit for Richfield State Agency for their site bounded by 66th Street, 67th Street, Lyndale Avenue and Grand Avenue. The plan approved called for a two phased de- velopment. The first phase would include the renovation of the existing drive-up teller facility, the construction of three addi- tional stories on the north end of the existing building, and various traffic and parking lot improvements. The second phase would include the construction of additional space for Richfield Bank south of the existing building, removal of the remaining houses on 67th Street and Grand Avenue, and construction of additional parking areas. Subsequent to this approval, Richfield State Agency has re- cently requested that they be allowed to construct additional park- ing areas during Phase I. Richfield State Agency has indicated that because they must eliminate parking north of their existing building during the construction of the three additional stories on their building that without constructing additional parking at this time they would have a parking shortage. Richfield State Agency wishes to develop parking in the area between the existing parking lot and Grand Avenue and between the Medical Office Building and the house at 6636 Grand Avenue. This area was to be left vacant during Phase I of the previously approved proposal. They now propose to construct 66 parking stalls within this area. With other adjustments in existing driving aisles and the construction of the previously approved traffic flow improve- ments on Grand Avenue, approximately 16 existing parking stalls would be lost, for a net gain of 50 parking stalls. titi'ith the ex- ception of some parking lot islands, all improvements would be permanent and would not have to be redone when the adjacent ex- isting parking area is redone in Paase II of this development. The staff has reviewed the proposed change and found the Council Letter No. 203 -2- June 13, 1933 1J • the following: 1. The proposed parking area would be consistent with the planned unit development plan, but inconsistent with the phasing approved as part of the Phase I Final Development Plan. It is the staff's opinion that the proposed change would not be detrimental in that it would be consistent with the overall development plan for the area; 2. Sufficient parking would exist in the area; 3. The improvement of Grand Avenue to channel the commercial traffic away from the residential area would continue to be constructed in this phase so that this additional parking would not result in additional traffic through the residential neighborhood; 4. The parking lot will be screened from adjacent residences by a landscaped buffer and a three foot grade change. It is recommended that the city council approve the development of this additional parking in Phase I with the stipulation that Richfield State Agency be responsible for constructing all previously approved improvements in Phase I and that they continue to be subject to all previous council stipulations attached to the approval of the Phase I Final Development Plan. Respectfully submitted, ( ??r r Karl Nollenberger City Manager KN/eja 0 V n S' Cq 3 n 3 i 1: 1 e i)! S l Mill; , Z i _' ! i i u i ? e4 ==i Q y 3a . } :'!31.1$ UJ W i 9 - `' cfea y H < 1 ,. i?y_ LWOS M%WV pueio 6 2 L u ? a L :I S` A=V .- x ?I ?I [2 16 I0 • (A U W m o m o i ? o a n o o ao T m o o m o ro .. g ? ? $ m Cf P1 b • O • Y Y • ? f a Y 1y C < Q p . w w e 4 uf O < J j u t t O _ ' U ? Q ? i . z ??yy T4 A J H Y r C Q 13 g S Y > = • c r S a is Oiw 93". L t HLf10S 3nN3AV_aNYM G? iEl •: i i ` -ze 75 • i y I YEtq ?? , '?jj SQ M r _ • ' II ''w. i 1_ 1.? '? ;.? ? ?•? ?x]{ ? 1..1..1 -it-'Itt..1..T1?_I1?lII-.ItI-.ItI I1t-l1IIc ? _ ?1 l j' ,?° .i'+ ' ? I{ `I r i i 1 1 l? n???.? .t?l.t???f.l'.f i,l I?(..I?i??•? E .?Ir?l? ? } ? l i _ i-L'L-}ter +----L-- ?--.•. .i. ?J?? ? ]? ,\ ? ! .. .._ 1• ?jre .-?._ _ •--....?: -- ;- HUf04 3nW3Ar•LMVV M1f -^--#L'•? L "?. 1 N ? •\ I i 4 ? Tom` i.?'?? %l _ t - • ' ^ i )!/?3 CITY OF RICHFIELD, MINNESOTA Office of City Manager Council Letter No. 202 Agenda June 13, 1933 The Honorable Mayor and Members of the City Council City of Richfield Council members: Subject: Additional Park Playground Programs Council Member Priebe has requested that an item be listed on the June 13, 1983 city council agenda to discuss the addition of a playground program at a park on the east side of Richfield. As was indicated at the last city council meeting, the cost of a program for an additional fulltime park would be $2,600; the addition of a fulltime playground park at Fremont Park was an identical cost. It would be rather difficult to get a park playground started in this point of the season, but could still be accomp- lished. Normally, the playground programs start in the city parks on June 13. It would take at least a week to hire personnel, and get supplies available to start a new program at another park site. If the city council decides to move in this direction, we would need to take action immediately Tuesday morning. The greatest concern I have over the additional park play- ground programs at this time are the.same that I expressed during the discussion of Fremont Park. Any time the city council takes a budgetary decision out of context of budget discussion, it creates distorted priorities in the city. Unless the city council and city staff are in the position of having to trade off program priorities against revenue availability, and other pro- gram requirements, it becomes very difficult to prioritize ser- vices. For instance, would the city be better off spending $5,000 on a bicycle safety program as opposed to these two playground programs. That is only one example of a multitude of different activities which could be looked at during budget discussions. Council 14ember Priebe will no doubt like to make additional comments on this matter at the June 13 city council Meeting. Respectfully submitted, 40 Karl Nollenberger City Manager KN/eja t?,7# " • CITY OF RICHFIELD, MINNESOTA Office of City Manager Council Letter No. 201 Agenda June 13, 1933 The Honorable Mayor and Members of.the City Council City of Richf ield Council Members: Subject: Subdivision of Lot at 324 Apple Lane C] At the May 9, 1983 city council meeting, the city council granted a variance to the minimum lot area requirements in a R-1 zoning district to allow the property owner at 324 Apple Lane to subdivide his lot into two lots, one of which would be only 9,000 square feet in area. The lot owner has subsequently hired a registered land surveyor to develop a new survey which establishes the boundaries and legal descriptions of the two lots. Attached for council consideration is a survey and legal description which have been developed by the surveyor. The new lot does contain 9,000 square feet, as earlier required by the council, and the boundary has been established so that the ex- isting house conforms to the setback requirements in the R-1 district. It is recommended that the council adopt the attached resolution approving this subdivision. (Respectfully submitted, Karl Nollenberaer City Manager KN/eja 9 0 RESOLUTION NO. RESOLUTION APPROVING THE SUBDIVISION OF LAND WHEREAS the City Council of the City of Richfield, Minnesota has reviewed the subdivision of the parcel of land described as follows: That part of Lots 19 and 20, "RALPH MILNER'S ADDITION" and the East 4 feet of Lots 2, 3 and 4, Block 3, "RALPH MILNER'S 2ND ADDITION", described as follows: Beginning at a point on the North line of Lot 5, Block 3 "RALPH MILNER'S 2ND ADDITION", 4 feet West of the Northeast corner thereof, thence East along the North line of said Lot 5 and the same extended to its intersection with the Southeasterly line of said Lot 19, "RALPH MILNER'S ADDITION", thence Northeasterly along said Southeasterly line to the most Easterly corner of said Lot 19, thence Northwesterly along the Northeasterly line of said Lot 19 to its intersection with a line drawn parallel with the North line thereof and 130 feet South at right angles therefrom, thence west parallel with the North line of said Lot 19 to a point 4 feet West of the East line of Block 3, "RALPH MILNER'S 2ND ADDITION", thence South parallel with said East line to the point of beginning; Also that part of Lot 19, "RALPH MILNER'S ADDITION", des- cribed as follows: Commencing at the Northeast corner of Lot 5, Block 3, "RALPH MILNER'S 2ND ADDITION", thence East along the extension of the North line of said Lot 5 to the intersection of said line with the Southeasterly line of said Lot 19 of "RALPH MILNER'S ADDITION", which point is the actual point of beginning; thence Southwesterly along the Southeasterly line of said Lot 19 a distance of 15 feet; thence Northwesterly 40 feet to the intersection with the line running from the Northeast corner of Lot 5, Block 3, "RALPH MILNER'S 2ND ADDITION" to the actual point of beginning; thence East along said line to the actual point of beginning; All according to the plats thereof on file and of record in the office of the County Recorder in and for Hennepin County, Minnesota. into the following described parcels: Parcel A That part of Lots 19 and 20, "RALPH MILNER'S ADDITION" and the East 4 feet of Lots 2, 3 and 4, Block 3, "RALPH MILNER'S 2ND ADDITION", described as follows: Beginning at a point on the North line of Lot 5, Block 3, "RALPH MILNER'S 2ND ADDITION", 4 feet West of the -2- Northeast corner thereof, thence Ea Lot 5 and the same extended to its easterly line of said Lot 19, "RALP Northeasterly along said Southeaste corner of said Lot 19, thence North line of said Lot 19 to its intersec with the North line thereof and 130 therefrom, thence West parallel wit to a point 4 feet West of the: East 2ND ADDITION", thence South paralle point of beginning; EXCEPT that par follows: Beginning at the mcst Eas thence Northwesterly along the Nort to its intersection with a line dra of said Lot 19 and 130 feet South a on an assumed bearing of S890141281" tance of 122.34 feet; thence S46009 thence Southeasterly to a point on which point is 60.00 feet Southwest corner of Lot 19, as measured along Northeasterly along said Southeaste. of the tract of land to be excepted Also that part of Lot 19, "RALPH MI follows: Commencing at the Northea "RALPH MILNER'S 2ND ADDITION", then the North line of said Lot 5 to the the Southeasterly line of said Lot which point is the actual point of along the Southeasterly line of sai thence Northwesterly 40 feet to the running from the Northeast corner o 2ND ADDITION" to the actual point o said line to the actual point of be, All according to the plats thereof of the County Recorder in and for H 3t along the North line of said ,itersection with the South- [ MILNER'S ADDITION", thence -ly line to the most Easterly Westerly along the Northeasterly ;ion with a line drawn parallel feet South at right angles the North line of said Lot 19 ine of Block 3, "RALPH MILNER'S with said East line to the of said Lot 19 described as erly corner of said Lot 19; easterly line of said Lot 19 n aarallel with the North line right angles therefrom; thence along said parallel line a dis- 44"E a distance of 111.06 feet; he Southeasterly line of Lot 19, rly from said most Easterly said Southeasterly line; thence ly line to the point of beginning NER'S ADDITION", described as t corner of Lot 5, Block 3, e East along the extension of intersection of said line with 9 of "RALPH MILNER'S ADDITION", eginning; thence Southwesterly Lot 19 a distance of 15 feet; intersection with the line Lot 5, Block 3, "RALPH MILNER'S beginning; thence East along inning; file and of record in the office epin County, Minnesota. Parcel B That part of Lot 19, "RALPH MILNER' Beginning at the most Easterly corn westerly along the Northeasterly li section with a line drawn parallel 19 and 130 feet South at right angl bearing of S89114'28"W along said p feet; thence S46009'44"E a distance easterly to a point on the Southeas is 60.00 feet Southwesterly from sa 19, as measured along said Southeas along said Southeasterly line to th According to the plat thereof on file the County Recorder in and for Hennep ADDITION" described as follows: r of said Lot 19; thence North- * of said Lot 19 to its inter- ith the North line of said Lot s therefrom; thence on an assumed rallel line a distance of 122.34 of 111.06 feet; thence South- erly line of Lot 19, which point d most Easterly corner of Lot erly line; thence Northeasterly point of beginning; and of record in the office of in County, Minnesota. -3- NOW THEREFORE, BE IT RESOLVED that the City Council of the . City of Richfield, Minnesota approves the above described sub- division. Passed by the City Council of Richfield, Minnesota this day of , 1983. John Hamilton, Mayor ATTEST: Sylvia K. Bergh, City Clerk • 0 OVERALL PARCEL That part of Lots 19 and 20, "RALPH MILZIER' S A 2, 3 and 4, Block 3, "RALPH M=,.NER'S 2ND ADDI at a point on the North line of Lot 5, Block 3 West of the Northeast corner thereof, thence E, and the same extended to its intersection with „KPH MII.NER'S ADDITION", hence Northeasterl- most Easterly corner of said Lot 19, thence No: of said Lot 19 to its intersection with a line thereof and 130 feet South at right angles thei North line of said Lot 19 to a point 4 feet pole: M??R'S 2ND ADDITION", thence South parallel w inning; C. E.- COULTER & ASSOCIATES, 410"N A. PETER30M INC. FRANK R. LZMZ JAI- PROFESSIONAL REGISTERED SURVEYORS REGIWMRED IN m1NNE30TA & *jZCpN31M ucaraEa IN CITY Of M504EAPoLn 3300 LYNDALE AVE. SO. MINNEAPOLIS, MINN. 35408 TELEPHONE a S12-824-0.370 W DITION" and the East 4 feet of Lots ION", described as follows: Beginning "RALPH MILER'S 2ND ADDITION', 4 feet st along the North line of said.Lot 5 'he Southeasterly line of said Lot 19, along said Southeasterly line to the =hwesterly along the Northeasterly line irawn ;parallel with.the North line .from, thence West parallel with the of the East line of Block 3, "RALPH ,th said East line to the !point-'of beg- Also that part of Lot 19, "RALPH MILNER'S ADDITION", described as follows at the Northeast corner of Lot 5, Block 3, "RALPH _e Coce eeEast along the extension of the North line of said Lot 5 lto the inttersection"of thence East with the Southeasterly line of said Lot 19 of "RALPH MILER'S ADDITION", which point is the actual point of'beginning; thence southwesterly along the Southeasterly line of sai Lot 19 a distance of 15 feet,. thence Northwesterly 40 feet with the line running from the Northeast corner of Lot 5, Block "RALPHeMILNER'Sc2NDnADDITION- to the actual point of beginning; thence East along said line to the actual point of beginning, All according to the plats thereof on file and of record in the office of the County Recorder in and for Hennepin County, Minnesota. See File 3-9-111A NEREDY CERTIFY TMAT T1113 3URvtY, p ANA 011 REPORT MAS t•11EPA . . OR tTNDER 11Y C?l}ECT SURS11s10 NO THAI I AM A DULY REQIIS- SY CLIENT ROBERT W. M.UR.DOC fi D ?^" !L Arlo v?wINr1E30TA. Joe mo. 10, 465 TSCALE __ e• ? ., s ? i ? ? U G. E. COULTER 8 .ASS JOHN A. KTE11soN CINATES, 1V. FRANK R. "XZ 41q- PROFESSIONAL REGISTERED SURVEYORS REGIsnPED IN MINNESOTA S WISCONSIN UCMfM IN CITY OF AMMNtAPOUS 3300 LYNOALE AVE. SO. MINNEAPOLIS, MINN. 53408 TELEPHONE t 612 - 824 -0370 PARC.^-.L A That part of Lots 19 and 20, "RALPH MILNER'S ADDITION" and the East 4 feet of Lots 2, 3 and 4, Block 3, "RALPH MILNER'S 2ND ADDITION", described as follows: Beginning at a point on the North line of Lot 5, Block 3, "RALPH M- NER'S 2ND ADDITION", 4 feet West of the Northeast corner thereof, thence East along the North line of said Lot 5 and the same extended to its intersection with the Southeasterly line of said Lot 19, "RALPH MI NER'S ADDITION", thence Northeasterly along said Southeasterly line to the most Easterly corner of said Lot 19, thence Northwesterly along the Northeasterly line of said Lot 19 to its intersection with a line drawn parallel with the North line thereof and 130 feet South at right angles therefrom, thence West parallel with he North line of said Lot 19 to a point 4 feet West of the East 1' MILNER'S 2ND ADDITION", thence South parallel with said East line to he point"of beginning; EXCEPT that part of said Lot 19 described as follows: Beginning at the most Easterly corner of said Lot 19; thence Northwesterly along the Northeasterly line of said Lot 19 to its intersection with a line drawn parallel with he North line of said Lot 19 and 130 feet South at right angles therefrom; of S89014128"W along said parallel line a distance of 122.34 feet; thence assumed bearing a distance of 111..06 feet; thence Southeasterly to a point an the nce Southeasterly line z of Lot 19, which point is 60.00 feet Southwesterly from said most Easterly corner of Lot 19, as measured along said Southeasterly line; thence Northeasterly along said Southeasterly line to the point of beginning of the tract of land to be excepted; Also that part of Lot 19, "RAL;111MILNER'S ADDITION", described as follows: Commencing at the Northeast corner of Lot 5, Block 3, along the extension of the North line of said Loft 5?to the intterrssection„oftsaidelinet with the Southeasterly line of said Lot 19 of "RALPH MI-?..NFR'S ADDITION", which point is the act'sal point of beginning; thence Southwesterly along the Southeasterly line of said Lot 19 a distance of 15 feet; thence Northwesterly 40 feet to line running from the Northeast corner of Lot 5, Block 3, "RALPH A the intersection with the • to 'the actual point of beginning; "RALPH M?'?`S 2ND ADDITION" hence East along said line to the actual point of beginning: • All according to the plats thereof on file and of record in the office of the county Recorder in and for 1?ennepi,n County, .Minnesota. See File 3-9-111.A 'Ropm.c» t, 'AT THIS SURVEY, Pt we OR UNt7ER LINO ii/AVEY W DIRECT UNDER PERM E DATE i OR REPORT WAS PREPARED SY IAT I Ail A DULY REOIsTEAED RED. No, CLIENT ROBERT W. ML,,RDCCX Joe mo. 10 ? 46 5 SK. /P0. 662/94 SCALE SHEET 2 OF 4 C. E. COULTER 8 ASSOCIATES, INC. JOMN A. PETERSON FRANK R. LENZ JR. ' PROFESSIONAL REGISTERED SURVEYORS E ?? R>:31$TfRED IN MINNESOTA 8 wlsCaNa1N L1cfN8ED IN CYfY Of M0wtAroua 3300 LYNDAI.E AVE. SO. MINNEAPOLIS, MINN. 63408 TELEPHONE t 612 - 824 -0370 PARC^-.L B "n at mart of Lot 19, "TLUPH X=MR' S ADDITION" described as follows: Beginning at the most Easterly corner of said Lot 19; thence Northwesterly along the Northeasterly line of said Lot 19 to its intersection with a line drawn parallel with the North line of said Lot 19 and 130 feet South at right angles therefrom; thence on an assumed '-earing of S89014'28"'R along said parallel line a distance of 122.34 feet; thence S46009'44"E a distance of 111.06 feet; thence Southeasterly to a point on the South- easterly line of Lot 19, which point is 60.00 feet Southwesterly from said most Easterly corner of Lot 19, as measured along said Southeasterly line; thence North- easterly along said Southeasterly line to the point of beginning;. According to the plat thereof on file and of record in the office of the County Recorder in and for Hennepin County, Minnesota. • MERENY CERTIFY THAT TMIS SURVEY PLAN, OR REPORT WAS PREP WE OR MY DIREE T SUr ISI NOMAT II AM A DULY RE31 LANG sSURVE OR UNO?It TM 0 7 STATE OF MINNESOTA. , See Pile 3-9-111A SY I CLIENT ROBERT W. MLIRDOCK I JOS NO. 10, 465 I SCALE N i _ E. 65TH ST. -? s i ?-- _- - - ?- - -r4oeru uuc of wr 19 I O O 1 f 3 O A ? I ? ? X5..03 ' '• ....-2.57 ..... __.. .. ... ..... .. ?Z2.34 ..... -; I 1-. ?l0 C T Fr >l0 fC• J C ? Oy tel. Q y?y P S, : o J T;n Y T• 110 u 7 /4 vet 2G.3 24.; ? S ' N ?•d 25'Srucco J1 u0 724 nv ?' 0" 14 ? y . . O i X5.2 / ii,a \ Z v 514 _?_ __? _~ ^ J y AI I ,?? n i/ T. ? v ? sf j b ' I ?.I !V vE. ....[NEC ,^.f lJT S -_? .. _ _ ? u89°14'7,6 •C , Z., _I..E JV ?T S- ? SPIKE- Q j I ? ? ?o• ? s e- ao. • ? 1-?.-f ? g r+o. ILO ? / -. i ..\f??"_ --.__-._ °-.001_ j ? I .[ a uw/. w dn[R SV'111VILOy •.e fMy I v " ouv KYT[w[O lM !1/w C. E COULTER & ASSOCIATES INC. r•, • fY°° U.wOI LAr° Y '? rll )w({°14. , PROFESSIONAL REGISTERED SURVEYOft a.Q ..•. +[ampm w rwlx3°n . rwc°?? ucuaro w cm or ww`?la ^ Al.. "° r7ic?^? 7 3500 LYNDAI£ AfE. $0. WiPO EAAaus, wta. 3540e w`/K - •_ 'ELEPMNE 61I - 624-0 Ts; ;? c;-7C,,,o CITY OF RICHFIELD, MINNESOTA . Office of City Manager Council Letter No. 200 Agenda June 13, 1983 The Honorable Mayor and Members of the City Council City of Richf ield Council Members: Subject: Authorization for the Sale and Issuance of $1,500,000 Commercial Development Revenue Bonds, Minnesota Mini-Storage II-78th Street and Pillsbury Avenue On November 8, 1982, the city council adopted a resolution giving preliminary approval to Minnesota Mini-Storage II for their project located at 7Sth Street and Pillsbury Avenue. On April 25, 1983 the city council adopted a resolution authorizing the sale and issuance of these commercial development revenue bonds. Subsequent to this action by the city councils it was noted by the Minnesota Mini-Storage bond counsel, Briggs and Morgan, that the public notice which was published did not contain the street address of the proposed project, but only named the city in which it was to be located. There is a tentative treasury department ruling that indicates that in the future this might be a requirement for the issuance of bonds. Because of this, Briggs and Morgan has requested that an additional notice be pub- lished which includes the street address of the project and that another public hearing hearing be held so as to fully comply with the intent of this tentative ruling. This industrial development revenue bond will in no way constitute any encumbrance against the City of Richfield. It is recommended that the city council hold the public hearing and approve a motion authorizing this bond issue for the Minnesota Mini-Storage II project at 78th Street and Pillsbury. Respectfully submitted, Karl Nollenberger City Manager 0 KN/eja _Z7_4 / / CITY OF RICHFIELD, MINNESOTA Office of City Manager Council Letter No. 199 Agenda June 13, 1983 The Honorable Mayor and Members of the City Council City of Richfield Council Members: Subject: Request for a Special Use Permit at 6409 First Avenue for Outside Employee in a Home Occupation Mr. Karl Kallenberg has applied for a special use permit to allow an outside employee in a home occupation. For a large part of the last 12 years, Mr. Kallenberg has operated a legal, home occupation out of his basement which involved product de- sign for the photographic industry. Mr. Kallenberg wishes to employee his son in the business of preparing lithographic nega- tives. Mr. Kallenberg's son does not live in the residence, therefore, a special use permit is necessary. Zoning Ordinance Requirements Section 3.29, subdivision 14 indicates that persons not living in a dwelling where a home occupation is being conducted can only be employed in the home occupation if a special use permit is obtained. Section 3.41 outlines the conditions for issuing a special use permit. This section indicates that the council shall not grant a special use permit unless it is found that the proposal will not be detrimental to the public welfare. Staff Review The planning staff has reviewed this request and found the following: 1. Mr. Kallenberg has operated a home occupation out of his residence without complaint from surrounding neighbors. Staff records indicated that there have been no complaints filed against the property while he has operated the business out of his home. 2. The home occupation has been operated legally out of the residence. The character of the site remains residential. There is no outside storage of equip- ment or materials and there have been no structural changes to the dwelling to change its character. w E Council Letter No. 199 -2- June 13, 1903 3. Mr. Kallenberg has submitted a petition signed by a majority of his immediate neighbors supporting his re- quest for a special use permit. 4. It is the opinion of the planning staff that the addi- tion of an outside employee to the existing home occupa- tion would not result in conditions which would be detrimental to the neighborhood. There would be no structural changes to the dwelling, the nature of the business would not change, and there would be no addi- tional traffic, noise or other impacts on the surround- ing neighborhood. Staff Recommendation It is recommended that a special use permit to allow one outside employee in the existing home occupation at 6409 First Avenue be approved. Planning Commission Recommendation The planning commission unanimously recommends approval of this special use permit request. Respectfully submitted, Karl Nollenberger City Manager KN/eja 0 Karl J. Kallenberg 6409 First Avenue South Richfield, Minnesota 55423 869-5057 • • • May 4, 1983 Mr. Rick Jopke Richfield City Hall 6700 Portland Avenue South Richfield, Minnesota 55423 Dear Mr. Jopke: We have lived in Richfield for almost 35 years and raised four sons who have graduated from Richfield Senior High School--Richfield is really home to us! For a large part of the last twelve years, I have worked out of my home. Essentially, this work has been product design for the photographic industry. This has always been a very "quiet" business with nothing to distract from the residential status of our neighborhood. With the present recession, coupled with my age, I have had very little income in the past two years. My son, Dale (34 years), who also has experi- ence in the field of photographic effects, has experienced joblessness too, but for different reasons. Bone fusion surgery on his lower back approxi- mately ten years ago provided only a temporary relief. The deteriorating conditions have now included the upper back and neck area, which now precludes working in any one sustained position. Short periods of resting on his back several times during the day has proven helpful, but, obviously, this is not possible during normal outside employment. I would like my son to work with me in our home (basement facilities) in a business of preparing lithographic negatives. This is also a very "quiet" business which meets all of the Richfield City standards for a residence. Inasmuch as my son does not reside in the home, I am making application for a special employee permit. The application, along with my check for $160.00, is attached. Please note that I have contacted eleven of our neighbors, those whose homes surround ours,and there was 100% approval. The petition containing their signatures is also attached. I have made a simple drawing of these neighbor locations, relative to our home, to graphically show the area. This is also attached. I look forward to the Planning Commission meeting at 7:30 p.m. on May 24th, and then to the City Council Meeting at 7:00 p.m. on June 13th. In view of the facts that our proposed endeavor has virtually nothing which would indi- cate a business even exists in our home, and secondly, having a great need for the income, we request the granting of this permit. Sincerely, P.S. Please provide copies of these documents to the Planning Commission and the City Council. ,?'A2 L ?T. ,BALL, EN8c.2G PET/7'10A/ /SAGE TAE SCETC,4? eE-IOU/ TAE- CONCUoee1A)CG HOME OwNc 2S Peo,?E-er?E s ''O THAT OF 77-1E ,2ES1DE1VCE 7-/0/1/ !0400 1V07T APP1,/CAde-Z RENTAL ,OROQE.27Y ?'c 4 /¢ 0 N i W Q Q V) vJ C o4 T/-?/ S 7`,eE°E T • 6421 First Ave. S. 1-11??h2-'ield, HH. '1983 Rick Jooke, City Planner City of Richfield 6700 Portland Ave. S. Richfield, H. 55423 Dear ifr. Jocke: RZ;: Lot 2, Block. 7 Towns Edge Addition Applicant : Z-arl Wallenberg 'Je have no objections to your granting a special use permit to allow one outside employee in a home occu,oation at the aallenberg residence. The 'L,',allenbergs are very fine peo--le, excellent neighbors and we are sure they will use discretion in this matter. Sincerely, Robert L. and Lo i s Johnsen 6421 First Avenue 0 0 CITY OF RICHFIELD, MINNESOTA Office of City Manager Council Letter No. 198 Aqenda June 13, 1983 The Honorable Mayor and Members of the City Council City of Richfield Council Members: Subject: Variance Request at 6644 Park Avenue From the Streetside Sideyard Setback Requirement Proposal Earl and Judith Moquist recently began construction of a deck at the property at 6644 Park Avenue without the required building permit. The inspection division issued a stop work order on the deck until a permit was obtained. It was dis- covered that the deck as constructed does not meet the city streetside sideyard setback requirement, since it has a set- back from the south property line of 1 foot instead of the re- quired 12 feet. The applicant has requested a variance to allow them to finish constructing the deck. Zoning Ordinance Requirements Section 31A, subdivision 5a requires a streetside side- yard setback of 15 feet. However, Section 3.27, subdivision 3, paragraph 41 indicates that ground level landings or uncovered porches may extend three feet into the required sideyard. The required streetside sideyard setback of the deck is therefore 12 feet. Section 3.40, subdivision 6 lists the three conditions which must be present for a variance to be granted. Staff Review The staff has reviewed the proposal against the three conditions which must be present for a variance to be granted and found the following: 1. There are no special circumstances present on this site. The site is sufficiently large and regularly shaped to allow a sufficiently sized deck without a variance. 2. Denial of the variance would preclude reasonable use of the property. Denial of the variance would not preclude the existing two-family residential use of Council Letter No. 198 -2- June 13, 1983 is of the property and alternatives for constructing a deck exist which would not require a variance. For example, an 8' x_ 20' size deck could be con- structed at the existing location without requiring a variance. 3. It is the opinion of the planning staff that the deck would not be detrimental to the public welfare. The applicant has submitted a petition signed by a majority of the immediate property owners indicating their support for the variance. Staff Recommendation Because the three conditions for granting variances have not been met, the planning staff must recommend that the variance be denied. The city manager recommends approval of the variance for deck purposes only. Planning Commission Recommendation The planning commission recommended denial of this variance request by a 6-2 vote. • KN/eja Respectfully submitted, Karl Nollenberger City Manager 0 • i C A-2 ?=? by i s v ZIK / /J?/ref . ? 1 1 e i I "?, zl-zt-z, 12 i? r? V/ l C? L % s 0 April 26, 1983 Community Development Department City of Richfield 6700 Portland Avenue South Richfield, Minnesota 55123 Gentlemen: We would like to make application for a variance to co7struct a 19' x 20' wood deck out to within 11-0" of the property line along 67th Street. There is an existing 18" maple tree directly out 16' f?om the S.V. corner of the house. The branches reach within 2' of the house and completely shades the side entrance. Grass will not survive between the tree and the house. The concrete curb on 67th Street is higher than the walk from the side entrance stoop causing water to pond along the foundation. An existing patio block area has heaved because of tree rolpts pushing the block up and causing offsets and an uneven walk area. i The best solution we can come up with is to cover the area with a wood deck between the tree and the house. T"ne around below the deck would be sloped with earth away from the house and covered with polyethylene vapor barrier weighted down with the old patio blocks. The roots would be free to expand wherever and would not affect the elevated wood deck. A 6' high screen fence along the property line would of and be constructed as a part of the deck structure. Se would be constructed along the east and west sides of t with 4 risers would be added adjacent to the house at t sides. We would appreciate your consideration and approval Sincerely, Earl W. Moouist / Judith E . \fopuisi EW-M/cjk er some privacy ting and railings e deck. Steps e east and west • • 0 REQUEST FOR VARIANCE OF FOR PURPOSE OF Legal Description: 17 We, the undersigned, being owners of immediate adjoining land as above described, do hereby concur with the variance as requested. Signature of Cwners • • Address 7 ? r ` L 7 ? C2, U L=Z-954? . IL.CC.. i may not be -ermcved once the petition is signed and _returned to ?he Planning Division. City or, . R"„;ai May 19, 1983 Rick Jopke City Planner City of Richfield 6700 Portland Ave. So. Richfield, MN 55423 Subject: Variance request 6644 Park Ave. So. Richfield, MN Lot 9 Auditors Subdivision #340 As a property owner at 6637 Park Ave. for 29 years, I have had ample time to have seen many changes in the subject property. For most of that time, the property has been rental, notllowner occupied, and has deteriorated, at times to the point where it was an obvious detraction to the neighborhood. Since the present owners, Mr. & Mrs. Moquist, acquired ai the property, it has greatly improved. Since I find nothing objectionable in the requested vari? setback, and in fact consider it an asset, I urge you to variance. Having people such as this in Richfield, who care for an( property, is a gain for us all. Thank-you i Wni . C. Sharkey 6637 Park Ave. So. 866-7682 id recently occupied once for a one foot grant the requested improve their ra r? E • • 0 • CITY OF RICHFIELD, MINNESOTA Office of City Manager The Honorable Mayor and Members of the City Council City of Richfield Council Members: Subject: Variance Request to Sideyard Setback at struct an Addition Council Letter No. 197 Agenda June 13, 1983 Reduce the Streetside 7200 4th Avenue to Con- Mr. Richard Cameron has requested a variance to reduce the streetside sideyard setback from 15 feet to 12 feet at 7200 4th Avenue. Mr. Cameron wishes to construct an addition measuring 14 feet x 21.3 feet to the rear of their existing home. The streetside sideyard setback would match that of the existing house. This site and the surrounding properties are zoned as residential. Zonincr Ordinance Requirements Section 3.30, subdivision 5, requires a minimum streetside side- yard setback of 15 feet, and section 3.40, subdivision 6 lists the three conditions which must be present before a variance can be granted. Staff Review The planning staff has reviewed the variance request aa_ainst the three conditions which must be present for a variance to be granted and found the followina: 1. There are no special circumstances present on this particu- lar site. This site and the other residences in this gen- eral location are of similar design. 2. It is the staff's opinion that denial of the variance would not prevent the reasonable use of the property. The denial of the variance would not prevent the continuation of the existing single family residential use of the property. However, they could not construct any additions to the ex- isting building without obtaining a variance because the existing structure does not meet the streetside sideyard setback requirements. Council Letter No. 197 -2- June 13, 1983 3. It is the opinion of the planning staff that the proposal will not be detrimental to the health or safety of area residents; nor detract from the aesthetics of the neighbor- hood. The addition falls in line with the present street- side sideyard setback of the existing house. The setback of the addition is similar to the homes neighboring Mr. Camerson's and would follow in the pattern of other residences within this neighborhood. Staff Recommendation Because this proposal does not meet the three conditions necess- ary for granting a variance, the planning staff recommends that the variance be denied. The city manager recommends approval of this variance request. Planning Commission Recommendation The planning commission recommended approval of this variance request by a 6-2 vote. Respectfully submitted, • Karl Nollenberger City Manager KN/ej a • 1 ? .r C ' G 0 ADDRESS 7345 Clinton Avenue South 7301 Clinton Avenue South 7245 Clinton Avenue South 7201 Clinton Avenue South 7145 Clinton Avenue South 7101 Clinton Avenue South 7001 Clinton Avenue South 7000 4th Avenue 7044 4th Avenue 7100 4th Avenue 7144 4th Avenue 7200 4th Avenue 7244 4th Avenue 7344 4th Avenue South South South South South South South STREET SIDE SIDEYARD SETBACK 10.26' 9.26' 22.22 11' 18.8' 5' 10.4' 20' 23.2 15' 32.7 12' 17.75' 5.71' • 0 k ?1 7 • 2 3 A c I ? v_ w r? ? y C? Ns t1? J 'O fn 77 O • 17 .t- < :,i?F ? ?- ? ? ei A ? / j??? ?i?-t? tit' ? `. ` ry r t J r? v J / XL i _ U ? ' n M,?7,±4 Y {• Yi K? RnC!II s " •y F MAY 23 1993 City of Richfield - - CITY OF RICHFIELD, MINNESOTA Office of City Manager Council Letter No. 196 Agenda June 13, 1983 The Honorable Mayor and Members of the City Council City of Richfield Council Members: Subject: Approval of Agreement with Summit State Bank for Security Service Summit State Bank has requested the Department of Public Safety to assist in providing security when funds are transferred be- tween the main bank building and the drive-in banking facility twice each day. This service will be provided upon request from the bank by on-duty Police Division personnel. The Public Safety Department has conducted a cost analysis of 40 this service and negotiated a contractual arrangement with Summit State Bank for an amount of $300 per month for the current year. The city attorney's office has prepared the attached contract for this service and the contract has been executed by the proper officials at the bank. It is the recommendation of the Director of Public Safety, in which I concur, that the city council authorize the Mayor and the City Manager to enter into this agreement, on behalf of the city, for the provision of the requested police services to the Summit State Bank of Richfield. Respectfully submitted, Karl Nollenberaer City Manager KN/eja 0 AGREEMENT THIS AGREEMENT, made and February , 1983 by and Minnesota municipal corporate, The Summit State Bank of Richfield WITNESSETH: entered into this 1st day of between the City of Richfield, a :)n, hereinafter "city" and , hereinafter "bank". WHEREAS, the bank maintains a detached banking service facility separated from its main building; and WHEREAS, it is necessary to transfer large volumes of cash and other negotiable documents between the two locations from time to time during usual business hours; and WHEREAS, such transfer requires bank employees to carry the cash and documents through public areas; and WHEREAS, because such transfer must ordinarily be accom- plished at predictable times and across a fixed path, some risk of criminal intervention is inherent in the activity; and WHEREAS, the bank is desirous of obtaining the services of the Department of Public Safety in escorting its employees during such transfers; and WHEREAS, the city is willing to undertake such services and believes it to be in the best interest of the public health, safety and welfare of the community to do so. NOW, THEREFORE, in consideration of the covenants here- inafter contained, it is stipulated and agreed by and between the parties hereto as follows: 1. The city will furnish an on-duty uniformed patrol officer to escort bank employees from their detached facility to the main building subjec. to the following limitations: a) The bank will notify the public safety department by telephone when it is in need of an escort. b) The city will dispatch a patrol officer to the bank when, in the judgment of the city, an officer is available and clear for such duty. c) The officer will walk with the bank employee from the detached facility to a secure location in the main bank building. d) The officer will not handle, or carry the cur- rency or documents and will not be requested to do so by the bank employee. e) During the furnishing of the escort service, the officer shall remain in the sole and exclusive employment of the City of Richfield and subject to its exclusive control and supervision. f) No more than two calls for escort service may be made in any day. 2. The bank agrees to pay the city for such services the sum of $ 300.00 per month. Payment shall be due by the fourth day of each month. 3. This agreement may be terminated at anytime by either party upon the giving of 30 days written notice to the other party. IN TESTIMONY WHEREOF, the parties hereto have set their hands the day and year first above written. CITY OF RICHFIELD • By Karl Nollenberger Its City Manager By John Hamilton Its Mayor lmm i t- State 3" n i{ of R C !7 1- i r- BV ._..=: . i' I.s 0 CITY OF RICHFIELD, MINNESOTA is Office of City Manager Council Letter No. 195 Agenda June 13, 1983 The Honorable Mayor and Members of the City Council City of Richfield Council Members: Subject: Ordinance Amendment Relating to Taxicab Licensing. First Reading. The Department of Public Safety has the responsibility for inspecting taxicabs that operate in the City of Richfield and for conducting the background investigations of the drivers operating these taxicabs, as part of the licensing process. Our licensing requirements are somewhat more restrictive than those of other metropolitan communities and as a result many • drivers from other communities do not meet Richfield's standards. In the past year it has become apparent that it is difficult to determine whether or not the activity of a taxicab driver is in violation of our current ordinance code. It is the intention of the Department of Public Safety to offer the citizens of our community the most competent and safe taxi service available, therefore, in order to assure complaince with our requirements we recommend the proposed amendments to Sections 6.20 and 6.21 of the ordinance code, as prepared by the city attorney's office. It is the recommendation of the Public Safety Director, in which I concur, that the city council give first reading approval to the attached ordinance amendment, and schedule second reading and the public hearing for the June 27, 1933 city council meeting. Respectfully submitted, Karl Nollenberger City Manager cc: City Clerk KN/eja is AMENDMENT TO CHAPTER VI OF THE ORDINANCE CODE OF THE CITY OF RICHFIELD CITY OF RICHFIELD DOES ORDAIN: 1. Chapter VI, Section 6.20 of the Ordinance Code of the City of Richfield, entitled "TAXICABS" is hereby amended in the follow- ing respects: A. By amending subdivision 2 thereof to read as follows: "Subd. 2. License Required. No person shall engage in the business of operating taxicabs or auto liveries in the city without first obtaining a license. Any taxicab licensed to operate in another political subdivision of this state in- cluding the Minneapolis-St. Paul International Airport may carry passengers to any place or point within the city; but neither the owner nor operator of such vehicle shall be per- mitted to solicit or pick-up business on the street of the city or to otherwise operate within the city without being licensed under the provisions of this section. B. By amending subdivision 5 thereof to read as follows: "Subd. 5. Insurance Requirements. No license shall be issued, and any existing license shall be immediately revoked by the manager, until the applicant or licensee files with the city a current policy of insurance whereby each vehicle for which a license is required is covered against loss or injury in the following amounts: (1) Each passenger, at lease $25;999 $100,000 (2) Each accident, at least $597999 5300,000 (3) Property damage, at least $;91999 $50,000 If the applicant has qualified as a self-insurer under Minnesota Statutes, section 170.52, and has filed with the city a certified copy or a duplicate original of his self-insurance certificate issued by the state commissioner of highways, no policy of insur- ance shall be required to be filed with the city. In lieu of a policy of insurance or certificate of insurance, applicant may file with the city a surety bond issued by a surety company auth- orized to do business in the State of Minnesota, in the sum of $691999 $100,000 running to the city for the benefit of the city 0 and all persons who may suffer damages or injury to person or property arising out of the ownership, operation, use or main- tenance of any one person injured or killed or whose property is damaged, and $693999 $300,000 on any one accident, irrespec- tive of the number of persons injured or killed or the amount of damage to property. This bond shall be kept in full force and effect during the full time of the license and the liability thereon shall be continuing, notwithstanding any recovery there- on. If the bond at any time during the term of the license is deemed to be undesirable by the city it shall be replaced by a suitable bond to the licensee. The bond shall contain provisions guaranteeing payment of any final judgment entered against the owner or licensee of any taxicab licensed with the city irrespec- tive of financial responsibility or any acts or omissions of the owner or licensee." C. By amending subdivision 8 thereof to read as follows: "Subd. 8. Investigation and Inspection. Each application shall be referred to the eb4ef-ef-pe44ee Director of Public Safety for investigation of the applicant and any vehicle to be operated in his taxicab or auto livery business. The eh4ef-ef-pe;4ee Director of Public Safety shall determine the operating condition of any such vehicle and make a report to the council based on his findings. The council may grant licenses applicable only to those vehicles described in the application and approved in the report of the eh4ef-ef-peg}ee Director of Public Safety," D. By amending paragraph (7) of subdivision 10 to read as follows: "(7) Ega?pped-w?tb-sbatte?p?eef-w}Rdews-apd-w?pdsb?e?ds-aed-fear wheel.-brakes In compliance with all applicable safety requirements of the State of Minnesota, the provisions of this code and the re- gulations of the Department of Public Safety," II. Chapter VI, Section 6.21 of the ordinance code of the City of Richfield entitled "TAXICAB DRIVERS" is hereby amended in the following respects: A. By amending subdivision 3 thereof to read as follows: Subd. 3. Scope of Section. Notwithstanding the provisions of sub- division 2 of this section, any taxicab driver licensed to operate in another Fflep4e?pa4 ty political subdivision in this state, includ- ing the Minneapolis-St. Paul International Airport, may carry passen- gers from such fep4e4pa44ty political subdivision into the city apd ?eee}?e-?eeal•-passeegews-fey-ea???age-te-the-}}eees??g-?dA?E}pal•?ty w?tbeet-p?eea??eg-a-??eeese-eede?-tb?s-reef}ee;-p?s??ded;-hewe?e?, seeb-fe?ei•gp-tai}Eab-d???e?-daes-set-se??e?t-bes?pess-ee-the-streets ef-the-e?ty-ee?-peek-ap-passepge?s;-e?eept-wbe?e-a-t??p-fey-seeb 0 passepQews-has-l3eee-awwaaged-at-a-eewtwa?-eff}ee-ef-the-Ee?pae?r few-wber?-tbe-dw??ew-deer-bas?pess;-wh?eh-eff?ee-?s-?eeated-ebt- sde-the-beapdaw}es-ef-the-efy. and may freely enter and travel upon the streets and thoroughfares for that purpose, and in such case it shall not be necessary for the driver to obtain a Rich- field taxicab driver's license; but such driver shall not be per- mitted to solicit or pick up business on the streets of the city or to otherwise operate within the city without being licensed under the provisions of this section. While in the city the for- eign driver shall observe all the regulations and conditions of this section." B. By amending paragraph (1) of subdivision 4 thereof to read as follows: "(1) He must possess a-?a?id-Eba?ffe?w's-?eeese the required class of license from the State of Minnesota. C. By adding thereto the following new subdivision: "Subd. 12. Display of License. Every driver licensed under this section shall keep the city issued license posted in his taxicab in clear view of his passengers at all times the taxicab is being operated within the city." • Passed by the City Council of the City of Richfield, Minnesota, This day of , 1983. John E. Hamilton, Mayor ATTEST: Sylvia K. Bergh, City Clerk 0 0 0 0 found the following: 15 CITY OF RICHFIELD, MINNESOTA Office of City Manager Council Letter No. 194 Agenda June 13, 1983 The Honorable Mayor and Members of the City Council City of Richfield Council Members: eo , )V. Subject: Request for Rezoning at 910 From Residential to Limited Convert Existing Residence Proposal T [Nest 66th Street Business to to Dental Office Dr. David Elasky would like to rezone the property at 910 West 66th Street from R(Residential) to C-1 (Limited Business) to allow him to convert the existing residence into a dental office. The city ordinance indicates that a rezoning may be initiated in either of two ways. The rezoning may be initiated by petition of owners of not less than 50 percent from the land proposed to be rezoned and by the owners of at least 50 percent of the land within 300 feet of the land proposed to be rezoned. The other way the rezoning could be initiated is by action of the city council. Dr. Elasky attempted to-gain the required number of signatures on a petition but was unable to do so. The petition and letters of support which, he filed with the city staff only had signatures of owners of 45 percent of the land within 300 feet instead of the required 50 percent. One property owner, Superamerica, indica- ted that they supported Dr. Elasky's rezoning, but company policy would not allow them to sign the petition. Superamerica's signa- ture on the petition would have given Dr. Elasky the required number of signatures. The city staff contacted Superamerica and they verified their support of the project. Dr. Elasky appeared before the city council at its April 25, 1983 meeting and requested that they initiate the rezoning at 910 West 66th Street. The council voted to initiate the rezoning_ based on the fact that with Superamerica Dr. Elasky would have had the required number of signatures and to refer this matter to the planning commission for their recommendation. Staff Review The planning staff has reviewed the proposed rezoning and Council Letter No. 194 -2- June 13, 1983 • 1. The subject property is adjacent to residentially zoned property to the northwest and across 66th Street to the south. There is commercially zoned property across Rae Drive to the east. The C-1 limited business district is intended for supplying a limited supply of services primarily for the benefit of the residences in the neighborhood. A C-1 district would, therefore, be a compatible zoning district with the surrounding zones, and the planning staff does not consider the proposal to constitute spot zoning. Furthermore, there is a commercial property across Rae Drive from the proposed site. This requested rezoning would constitute contin- uity of zoning patterns in the area. 2. The existing single family residential use of the prop- erty is not necessarily the best use, primarily because of high traffic volume. There is an average daily traffic count of approximately 20,000 cars on 66th Street and Rae Drive has an average daily traffic count of 3,410 cars a day; while typical average daily traffic on residential streets in Richfield is 200 to 1,000 vehicles per day. As noted above, the subject property is directly across Rae Drive from a C-2 General Commercial District. The staff believes that rezoning of this site to Limited • Business would provide better utilization of the property while maintaining a transition zone for the residential property west of the site. Proper screening and setbacks will add to the buffer effect. 3. The comprehensive plan indicates that the proposed site is in a medium density buffer area which would allow for multi-family duplexes, single family dwellings, and ex- isting convenience commercial establishments. Under these stipulations, the proposed dental office would not be consistent with the comprehensive plan. 4. The site is not within the Lyndale-Hub-Nicollet Redevel- opment project area. The boundaries of the redevelop- ment area jog around this particular block. It appears to have been a conscious effort.to not include this area in the redevelopment project and to maintain existing residential uses in the area. 5. Final plans have not been submitted showing the proposed renovations or parking lot location and design, but there appears to be sufficient lot area to acccmodate the prop- osed development without requiring variances. Staff Recommendation • A proposed reuse of the site as a dental office appears to be a reasonable use for the site, and one which could exist without Council Letter No. 194 -3- June 13, 1983 • detriment to the neighborhood. However, the planning staff cannot recommend the rezoning because the proposed rezoning is not consistent with the comprehensive plan, nor with past policies of the city regarding the development of that particular block. Therefore, it is the recommendation of the planning staff that the rezoning request be denied. If the city council is of the opinion that the site should be rezoned to C-1 Limited Business, it is suggested that the staff be directed to evaluate rezoning all of the property on the north side of 66th Street from Rae Drive westward to the Coach Homes development. It is also recommended that the council direct the staff and the planning commission to evaluate the need for a comprehensive plan amendment for the subject area. If the council wishes to proceed with this matter, the council should give first reading to the attached ordinance and schedule second reading and the public hearing on this matter for June 27, 1983. Planning Commission Recommendation The planning commission, on a 7-1 vote, recommended that the rezoning be denied. The commission felt that while the dental office use may be appropriate on the site, the city should only 10 consider the rezoning of the whole parcel lying between 66th Street and Rae Drive and the Coach Homes development, and not just one lot. Respectfully submitted, Karl Nollenberger City Manager KN/eja r • • I• REQUEST 1 OR REZONING FROM !-< ? TO 1 FOR THE FOLLOWING PURPOSE 1?cN- STREET ADDRESS : Ci tL. LLB . ?-- ?- S' LEGAL DESCRIPTION: We, the undersigned, being owners of land within 300 feet of the land described above, do hereby concur in this Rezoning request. Signature of Owners* Address Legal Description UCH Ci 6 v `i i4D 1 i.Z-1{ C/ _- * For purposes of determining if Petition contains the proper number of signatures to initiate the rezoning process signatures may not be removed once a petition is signed and returned to the Planning Division. PIF-TMoN Njo.?p Joe i °ec S1??T4R?5 o$TAJtJ?? - = FZ=r PAvI u5 • 71,2 J rt r ? v C /L U V 0 • zrl1 :" y 1 C-F7 David J. Etas, D„?®y 7 01 Nicoll-t kve. S. Minneacolis, Dear :ter. Elasky aorr, to to so late in ans-erinc 01 .. ar recent letters, vut 74e have Oe°TOLl` O_° town. w 'IV 16 tl. TGC.?..y rQ to your -cl+b':s 1 Or v vale ana nre DrIve, Wesee no reason _o oojectin tC you- z rdoosaI as suv? 4-- - -o 7our s ett . `???aTa tTu1-- m F. ?till'r??t?T ,P„ 0 • c=? cS. P3 J,,. c _ C ?c li?l__ Iii^!e G» T'°87?:1^. rte, J - r a j ? 921 Rae Drive Richfield,Lfinnesota 55423 March 8,1983 David J.Elasky, D.D.S. 7001 Nicollet Avenue South Richfield, Mn. 55423 Dear Mr.Elasky, We received your letter of inquiry on March 2 regarding We are not in favor of your proposed building an this res910 Wet th S idential6blocktreet. We like the Parkins family and want them to be successful in selling their property, but we do not feel that your proposed development would be in our best interest here on a residential block. We are not in favor of a variance or re-Zoning for Planning Commission and the City Council tohonoruourrdecisiondinethist matter. Yours very truly, Edwin H-Burkhardt Anne C.Burkhardt COPY: City of Richfield, R.Joepke Planning Commission John Hamilton, Mayor Council Members 0 0 rN, ?y\ r ? s y f S l? ' ? ' ? of r - ,C, . / J Y ?i 1 o f f' A ? p ? x7 1 1. ?17 • 9 i Uri i J_ ^.......... ..... .-- $ZI 1 0 • • • 0 C a A A r A O v c° n 7 7 71 Rr,.<?ry M t ..[ JJ ?,M J 7r.-.*.-• =[_l?lt ?? m?iITiIIiTI^iI?1??. l7-7-71 ,? - , " , J 4 r.c[a +.[ J ;"5 a , B T- L 1J O. ORDINANCE NO. i OF THE ORDINANCE CODE OF THE CITY OF RICHFIELD, ?INtiESOTA CITY OF RICHFIELD DOES ORDAIN: Appendix C of the Ordinance Code of the City of Richfield, Minnescta defining the boundaries of the various zoning districts of the city enumerated in Chapter III, Part 771 Section 2,28, Subdivision 2 of such code is ::ereby amended in the following respects; 1. Appendix C Section 2 is amended by adding the following new paragraph 21: (21) Lot 7 Rae Addition Passed by the City Council of the City of Richfield, Minnesota this day of 1983. John Hamilton, Mayor ATTEST: Sylvia K. Bergh, City Clerk 0 -z;e ;2 7 /+ • CITY OF RICHFIELD, MINNESOTA Office of City Manager Council Letter No. 193 Agenda June 13, 1983 The Honorable Mayor and Members of the City Council City of Richfield Council Members: Subject: Deferral of Award of Contracts for Well #5 Renovation and Painting of Penn Avenue Water Tower to June 27 On June 1, 1983 bids were opened for two city projects, the renovation of Well #5, and painting of the Penn Avenue Water Tower. The bid specifications indicated award of the contracts would occur on June 13, 1983. However, additional time is needed to re- view the bids and to prepare a recommendation for award of con- tract. An announcement was made at the bid opening that award of contract would be deferred to the city council meeting of June 27, 1983 and there were no objections from the bidders present. It is, therefore, recommended that the city council officially defer award of contracts for Well No. 5 renovation and painting of the Penn Avenue water tower to the June 27, 1983 city council meeting. +Respectfully submitted, Karl Nollenberger City Manager KN/eja 9 • CITY OF RICHFIELD, MINNESOTA Office of City Manager 4?? 77C Council Letter No. 192 Agenda June 13, 1923 The Honorable Mayor and Members of the City Council City of Richf ield Council Members: Subject: Request for Raffle License- Richfield Jaycees 0 a waiver of both the raffle license fee and the required $10,000 On May 4, 1983, Mr. Ronald Kassa submitted an application for a gambling license on behalf of the Richfield Jaycees, in order that they may conduct a raffle. Mr. Kassa is the President of the Richfield Jaycees and has indicated that the raffle would be conducted from June through August of 1983. This is an annual fund raiser, and the raffle tickets would be sold outside of the city's municipal liquor stores. The applicant has also requested surety bond. Mr. Kassa and Mr. Karl Nollenberger, both Richfield residents, are the two officers of the organization that are listed on the application and neither of these two individuals have any known criminal record. Based upon the information supplied in the application and the investigation conducted by the Department of Public Safety, there appears to be no basis for denying the license. It is the recommendation of the Director of Public Safety that the city council give favorable consideration to the Richfield Jaycees re- quest for a gambling license in order that they may conduct their annual raffle. Respectfully submitted, 4:2?- n1 , ti?Y, Karl Nollenberger City Manager KN/eja 0 • __0 C:;? ? 6 CITY OF RICHFIELD, MINNESOTA Office of City Manager Council Letter No. 191 Agenda June 13, 1983 The Honorable Mayor and Members of the City Council City of Richfield Council Members: Subject: Bingo License Application, St. Richards Parish and GSA s Mr. William H. Westerman has submitted an application on behalf of St. Richards Parish and GSA for the renewal of their bingo license. The applicant requested bingo be conducted on Wednesdays from 7:00 p.m. until 11:00 p.m. The two officers of this organization are The Reverend Roger Pierre, Pastor; and Mr. William Westerman, who is also the designated gambling manager. Neither of these two individuals have any known criminal record. The applicant has requested that the required $10,000 surety bond be waived. In the past years the city council has granted this waiver request. This request for a bingo license was applied for at the same time as their request for renewal of a non-intoxicating malt liquor license (January, 1933). The city council approved the non-intoxicating malt liquor license on February 28, 1983, but the bingo License applica- tion has not previously been submitted for council approval. It is recommended that the city council give favorable con- sideration to the approval of the bingo license request and the surety bond waiver request submitted on behalf of St. Richards Parish and GSA. Respectfully submitted, A'y Karl Nollenberger City Manager KN/eja 0 has V CITY OF RICHFIELD, MINNESOTA Office of City Manager The Honorable Mayor and Members of the City Council City of Richfield Council Members: Council Letter No. 190 Agenda June 13, 1983 Subject: Salary Acting City Manager At the May 23, 1983 city council meeting, the city council appointed Thomas Morgan as the Acting City Manager effective June 18, 1983. The matter of compensation for the position was not addressed at that time. It is the normal policy of the city to give temporary adjustments of ten percent for acting positions. Mr. Morgan's current salary is $47,628. It is recommended that the city council provide a salary of $52,391 which is ten percent above his present salary for the period of time Mr. Morgan serves as Acting City Manager. Respectfully submitted, v Karl Nollenberger City Manager cc: Public Safety Director KN/eja • ?? / 3 CITY OF RICHFIELD, MINNESOTA Office of City Manager Council Letter No. 189 Agenda June 13, 1983 The Honorable Mayor and Members of the City Council City of Richfield Council Members: Subject: Ordinance Amendment Relating to On-Sale Wine License Year. Second Reading. As a matter of convenience, the licensing period of the wine license has been set to commence on April 1 of each year, and ex- pire on March 31 the following year. However, an amendment to the Minnesota State Statutes 340.11 subd. 16 requires that "all intoxicating liquor licenses issued by a municipality other than a city of the first class, except manufacturers and wholesalers licenses, shall expire on the same date." This change in state statutes requires that we amend our wine licensing ordinance to bring the licensing period into con- formance with the calendar year. The city attorney's office has developed the attached amendment which will allow us to accomplish this change without affecting the licenses which have currently been issued. In effect, the licenses issued for 1934 will be issued for a nine month period. Starting_ in 19851 all wine licenses will be issued for a calendar year, in a manner similar to the- presently existing license periods for non-intoxicating and in- toxicating liquor sales. A copy of the proposed ordinance amendment is attached to this council letter. It is recommended that the city council hold the public hearing and give second reading approval of this ordinance amendment at the June 13, 1983 city council meeting. Respectfully submitted, 4 ...? nom, ? -? ?• Karl Nollenberger City Manager cc: City Clerk Public Safety Director KN/eja • AMENDMENT TO CHAPTER XI, SECTION 11.08 OF THE ORDINANCE CODE OF THE CITY OF RICHFIELD CITY OF RICHFIELD DOES ORDAIN: Chapter XI, Section 11.08 of the Ordinance Code of the City of Richfield entitled "ON-SALE WINE" is amended by amending subdivision 9 thereof to read as follows: Subd. 9. License Year. The license year shall commence January 1 Apr4:1-1 of each year beginning in 1985 and terminate on December-31 Mareh-3-1 of the-€e?1e?? each year beginning in 1985. New licenses issued in 1983 and 1984 shall be on a calendar year basis. Renewal licenses issued in 1984 shall expire on December 31, 1984. When an original license is issued for a portion of the license year, the fee shall be prorated at the rate of one-twelfth of the annual license fee per month or portion of a month remaining in the license year. The same proration shall apply to renewal licenses issued in 1984. • Passed by the City Council of the City of Richfield, Minnesota this day of , 1983. John E. Hamilton, Mayor ATTEST: Sylvia K. Bergh, City Clerk 0 -a'l "-Z' CITY OF RICHFIELD, MINNESOTA Office of City Manager Council Letter No. 188 Agenda June 13, 1983 The Honorable Mayor and Members of the City Council City of Richfield Council Members: Subject: Transitory Ordinance Amending Section 2.03 of the City Charter Relating to Terms of Council Members. Second Readincr. At its April 25, 1903 city council meeting, the city council approved the first reading of this ordinance, which was trans- mitted to the council by the charter commission. The amendment would have the effect of increasing the term of the office of Mayor from two years to three years. A copy of the proposed transitory ordinance.is attached to this council letter. Unanimous approval of the city council is necessary to pass this amendment. This ordinance amendment has been placed on the city council agenda for second reading consideration at the June 13, 1923 city council meeting. Respectfully submitted, l / ??v ? ? \ ? -, Jai t?k ?tl.?.,,,?...? ?;?? Karl Nollenberger City Manager KN/ej a 0 • CHARTER AMENDMENT ORDINANCE NO. CHARTER AMENDMENT ORDINANCE RELATING TO TERMS OF OFFICE OF CITY COUNCIL MEMBERS AMENDING SECTION 2.03 OF THE RICHFIELD CITY CHARTER CITY OF RICHFIELD DOES ORDAIN: Section 1. Section 2.03 of the City Charter of the • City of Richfield relating to elective officers of the city is hereby amended to provide as follows: "Sec. 2.03. Elective Officers. The council shall be composed of a mayor and four council members all of whom shall be registered voters. Commencing with 1981 election the offices of mayor and at-large council member shall be filled by election at large. Commencing with the 1982 election the offices of the three district council members shall be elected from apportioned council districts in which they reside. the-mayor-sha}}-sere-fer-a-term- ef-toe-pears-a?8°the-at-}arge°aid-d?str?et-ee?ne?}-?e?bers-sha}} seree-fer-a-term-ef-three-years.- The terms of office of mayor and all other members of the council shall be three ears. The regular term of an office commences on January 1 next following the general election at which balloting for the full term of the office occurs. A candidate for the office of district council member must reside while seeking election and while serving in office within the district from which he or she is elected. A council member who was elected under the at large system prior to the 1981 election and whose term has not expired may continue in office until his term expires. Prior to March 15, 1982, and every time there is a United States Census thereafter, the city council shall be ordinance establish compact and contiguous council districts to be apportioned by population as nearly equal as practicable." Section 2. Effective Date This ordinance is effective ninety (90) days after its publication, subject to the provisions of Minnesota Statutes, Section 410.12, Subdivision 7. Passed by the City Council of the City of Richfield, Minnesota • this day of , 1983. ATTEST: John Hamilton Mayor Sylvia K. Bergh City Clerk TRANSMITTAL ORDER • To the Honorable Mayor and Members of the Council of the City of Richfield, Minnesota: We, the undersigned, being duly qualified and acting members of the Charter Commission of the City of Richfield, Minnesota, do hereby respectfully submit and deliver to you the attached proposed ordinance amending Section - I-- of the City Charter of the City of Richfield. We hereby respectfully proposed, reccrmend and submit for adoption, • by unanimous vote of the City Council and approval by the Mayor of the City, the attached proposed ordinance this day of i , 19 -' , T' \ 1 ? c.c--'cam 0