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02-08-82 agenda# ~y s CITY OF RICHFIELD, MINNESOTA Office of City Manager Council Letter No. 59 Agenda February 8, 1982 The Honorable Mayor and Members of the City City of Richfield ;:<;~ r~ Council Members: Subject Council Resolution of Public Safety City of Eden Support for Proposed Sharing of Communications System with the Prairie As members of the council may recall, for the past several years the city staff has had periodic discussions with the administrative -staff in Eden Prairie relative to a proposed sharing of our public safety communication system with that community. Presently, Eden Prairie receives public safety communications services from the `Hennepin County Sheriff. They have remained with the Sheriff's radio system during the period of our discussions simply because .~ that service has been offered essentially without charge to local public safety agencies. However, because of major problems in the quality of service provided by the county system, the City of Eden Prairie has now made the determination to leave the county system. At the city council meeting held on February 2, 1982, the Eden Prairie City Council voted by unanimous action to commission the necessary engineering design to accomplish a sharing of the Richfield Public Safety system. This action by the Eden Prairie City Council seems to be very timely in nature. The 911 Emergency Telephone SYstem is scheduled for implementation toward the end of the current year. Any change in the communications system for Eden Prairie would r~~cessitate modifications in the 911 plan to terminate telephone lines at the appropriate Public Safety Communications Center. There is still time to accomplish this change without significant cost implications for Eden Prairie. The county is faced with a major crisis relating to the availability of public safety radio frequencies. A few weeks ago our city council passed, by resolution, an objection to a current county pJ_an to attempt to take over all public safety communication functions within the county. Their effort appears to be based, in part, on the fact that there are no additional public safety radio frequencies available from the Federal Communications Commission in our area. The City of Richfield presently holds licenses for two frequencies, one of which is used primarily for police purposes and the other used for fire operations. Several years ago we allowed the Metropolitan Airport Commission to sham our fire frequency and this joint use has proven to work well. Even with this joint use on i Council Letter No. 59 -2- Feburary 8, 1982 the fire frequency, comparatively speaking, our two frequencies are somewhat under utilized. Sharing these frequencies in a joint operation with Eden Prairies would better utilize this very scarce public safety resource and contribute to a decrease in the frequency congestion problem of the county and diminish the county's position in attempting to create a county-wide public safety system. Finally, the long-term impact of this relationship with Eden Prairie will allow us to achieve some economies of scale in the cost of our public safety communications operation which would otherwise be unachievable. I view this as a significant effort in our ongoing program to reduce the costs of our overall public safety program through operational efficiencies, while at the same time we are improving and expanding the services to the community provided by the Public Safety Department. The final comment that must be made, for council consideration in this matter, relates to the concept of merged municipal services. While merging services frequently, on paper, can appear to be cost effective, the practical realities may prevent actual savings from occuring. This is quite clearly the situation and the present county proposal to take over the public safety communication function of all local units of government. Over the years, Richfield has been extremely cautious in the manner and types of consolidated, or shared, service agreements in which we have become involved. _~ ~= `As a result of this rather cautious or conservative approach to 4`` ~ "'"'joint ventures, we have been successful in achieving some very real cost savings at the same time we have improved service levels in the areas involved. One of the most attractive aspects of this particular proposed joint venture effort with Eden Prairie is the fact that philosophically, our two public safety operations are very similar. Both place a very high priority on service to the public with heavy emphasis on prevention activities and public relations. For this reason the expectations of the communications support function are similar and the potential compatibility in a shared resource program appears excellent. Based upon the ith re and to this matter over the discussions the ^council has had w g years, and in consideration of the action by the Eden Prairie City Council last Monday evening, it is the recommendation of the Public Safety Director, in which I concur, that the council give favorable consideration and support to the attached resolution. Respectfully submitted, Karl Nollenberger City Manager KN/sh cc: Public Safety Director s RESOLUTION RESOLUTION OF ENDORSEMENT FOR PROPOSED SHARING OF PUBLIC SAFETY COMMUNICATIONS SYSTEM WITH THE CITY OF EDEN PRAIRIE WHEREAS, the City of Richfield operates a full-service Public Safety Communications Center to facilitate and support the delivery of public safety service in the community, and ? WHEREAS, the City of Eden Prairie, by action of their City Council, has expressed an interest in sharing the Public Safety Communications Center resource now available in the City of t r=?s~, Richfield, and WHEREAS, such resource sharing would afford direct benefits to both communities and their respective public safety services, and. °~ ''~~~ WHEREAS, both the City of Richfield and the City of Eden ,, ~~x;~ Prairie recognize that such sharing of a communications center .~r~_.~t~ ~,: resource can best be accomplished through a mutually acceptable ,;;,; Joint Powers Agreement pursuant to Minnesota Statute 471.59, .:~ • ~~' NOW, THEREFORE BE IT RESOLVED, that the City Council of the City of Richfield, Minnesota endorses, in concept, the proposed sharing of Public Safety Communications Center resources with the City of Eden Prairie, Minnesota. Additionally, the City Council of the City of Richfield, agrees to cooperate with, and facilitate, any engineering study commissioned by the City of Eden Prairie to determine the feasibility and technological re- quirements o~ such a joint venture operation. BE IT FURTHER RESOLVED, that the City Council of the City of Richfield endorse the efforts of the Public Safety staffs of the two Communities to develop a plan and proposed agreement for the joint operation and management of a shared Public Safety Communications Center which are mutually agreeable to the City Councils of both of the two communities. Passed by the City Council of the City of Richfield, Minnesota this 8th day of February 1982. MAYOR ATTEST: CITY CLERK ~ i ~.D CITY OF RICHFIELD, MINNESOTA Office of City Manager • Council Letter No. 58 Agenda February 8, 1982 The Honorable Mayor and Members of the City Council City of Richfield Council Members: Subject: Purchases in Excess of $2,500 Prior to February, 1982, it was necessary for the city council to review and approve all purchases in excess of $1,000. Revised city charter requirements provide that the city council must approve purchase of merchandise, materials, equipment or construction when l.ll l.: u...c unt exceeds $2,5^uG. ~:_~~,~ ,~~,~ `___~ \?~ ~~+_ ~1` ,...` vyy t~,„ 111 Ll- 1 111:. city council agenda for February 8, 1982. DRIVING RANGE TRACTOR ,~~', k ~ Y',• A small garden-type tractor is required to ensure efficient and uninterrupted operation of the golf course driving range facility. • This tractor would also have the capability of being used in other operations, during times when not required at the driving range. One ether eperutic:: would be the tree nursery located at the golf course site. Additional attachments and accessories could be purchased for that purpose at a later time. Three written quotations were received. L-Z Company, Inc. ,quoted $4,192.50. Lyndale Garden Cneter quoted $3,965.00. It is recommended that the city council authorize the purchase of a Snapper Model 1855A garden tractor from Small Engine~Cify, Inc. in the amount of $3,490.93. PICK-UP TRUCKS The 1982 budget for the central garage revolving equipment fund, among other things, includes replacement of three 3/4 ton pick-up trucks, one 3/4 ton pick-up truck with 4-wheel drive, and one 3/4 tone pick-up truck with 4-wheel drive and plow. A total of $57,500 was budgeted for these five units. Hennepin County has received bids for these items through a joint purchasing agreement. It is recommended that, based on Hennepin County Bid No. 2309, the city council authorize the purchase of three 3/4 ton pick-up trucks as specified for $25,648.50 from Superior Ford, and the purchase of two 3/4 ton pick-up trucks as specified including one snow plow for $20,921.00 from Superior Ford. The total purchase price of the five units is $46,569.50. Council Letter No. 58 -2- February 8, 1982 WATER METERS '' i It is necessary to purchase 5/8 x 3/4 T10 Remote Water Meters for replacement of old and worn meters and for a stock to provide new meters. Power process sub muted a quotation of $56.20 per meter. It is recommended that the city council authorize the wat r meters at a unit rice of $44.25 from Davies purchase of 200 e P r Water Equipment for a total purchase price of $8,850.00. Respectfully submitted, t~o~ ~ ~ ~~ Karl Nollenberger City Manager KN/sh cc: Community Services Director fir' r S I • ~o~~ CITY OF RICHFIELD, MINNESOTA Office of City Manager Council Letter No. 57 Agenda February 8, 1982 The Honorable Mayor and Members of the City Council City of Richfield Council Members: Subject: Award of Contract for Furniture and Equipment, Public Safety Remodeling Project On January 28, 1982, a bid opening was conducted with regard to the advertisement for_ bids for General Office Furniture and Equipment for the Public Safety Remodeling Project. Three bids were received from the vendors noted on the attached-bid tabulation form. All bids were in compliance with the specifications estab- lished by the Department of Public Safety. Present at tr~^ _~. .opening were the Administrative Services Director. the,Pu}~lic _ _ _. Safety Director arid-the City Clerk. The bids submitted have been examined by the city staff and it is recommended that the bid award be made to the low bidder, P.M. Johnson's Inc., for base bid materials and alternates number two and three of the bid specifications. The bid award on this basis would be in the amount of $18,304.50. Funds for this purchase are budgeted as a part of the Public Safety Remodeling Project. _ _ Respectfully submitted, ~~~ ~~ Karl Nollenberger City Manager KN/sh cc: Public Safety Director CITY OF RICHFIELD Bid Opening January 28, 1982 :7 Public Safety General Office Furniture/Equipment Pursuant to requirements of Resolution No. 1015, a meeting of the Administrative Staff was called by Sylvia Bergh, City Clerk, who announced that the purpose of the meeting was to receive, open and read aloud, bids for General Office Furniture and Equipment for Public Safety as advertised in the official newspaper on January 13, 1982. • Present: Joyce L. Wilde, Assistant City Manager Tom Morgan, Public Safety Director Sylvia Bergh, City Clerk The following bids were submitted and read aloud: TOTAL VENDOR AND __~_ ALTERNATES _ __ ADD/ALTERNATE BID SECURITY BID BASE ~~1 _ ~~2 _ _ __ ~~3 ~~4 TO BASE BID _~ _;, __ _ ~_~_~~ _ _ _ ~ Pink Supply B.B. 5% ` $16,846.20 '~''~~~ $1,536.40 $1,219.51 $ 737.39 $2,159.12 $5,652.42 ~`~' , •P. M. Johnson, Inc. B.B. 5% 16,418.50 1,560.00 1,138.00 1,228.00 2,192.00 5,638.00 Business Furniture, Inc. B.B. 5% 17,302.40 1,603.80. 1,268.93 758.28 2,273.60 5,904.61 The City Clerk announced that the bids would be tabulated and considered at the regular city council meeting of February 8, 1982. Syliva K. Bergh Y City Clerk • ~#ii CITY OF RICHFIELD, MINNESOTA Office of City Manager Council Letter No. 56 Agenda February 8, 1982 The Honorable Mayor and Members of the City Council City of Richfield Council Members: Subject: Airport Runway Proposed Extension At the January 25, 1982 city council meeting the council directed the staff to prepare a resolution opposing the extension of Runway 4-22 at the Minneapolis-St. Paul International Airport. Attached for council consideration is a copy of a resolution which formally states the opposition by the Richfield city council of the extension of this runway. Once this resolution is acted_upon by the city council, copies will be forwarded to the Metropolitan Airports Commission and to the Minnesota Pollution Control Agency. Mr. Will Viitala, Metropolitan Airport Commission member, has been notified of the resolution being considered by the council and may attend the council meeting. Respectfully submitted, Karl Nollenber~ r City Manager KN/sh cc: Community Development Cirector City Planner RESOLUTION NO. RESOLUTION OPPOSING THE EXTENSION OF RUNWAY 4-22 AT THE MINNEAPOLIS - ST. PAUL INTERNATIONAL AIRPORT WHEREAS the Metropolitan Airports Commission owns and operates the Minneapolis - St. Paui International Airport, a public airport located in Hennepin County; and WHEREAS the Metropolitan Airports Commission has proposed to extend the length of Runway 4-22 from 8,250 feet to 10,000 feet; and WHEREAS the proposed extension will runway closer to the City of Richfield; t~ ~ X47"`\ WHEREAS the proposed extension will noise for the residents of Richfield as operations being closer to the city. place the end of the and most likely create additional a result of aircraft NOW, THEREFORE, BE IT RESOLVED, by the City Council of the '_~~~~; City of Richfield, Minnesota that the city hereby opposes the extension of Runway 4-22 because of the increased detrimental ~'~-~; environmental impact upon the residents of the City of Richfield. ~",: F - ,, ,_,,._: Passed by the City Council of _the City of Richfield this 8th day of February, 1982. John Hamilton Mayor ATTEST: Sylvia K. Bergh City Clerk i ~ g CITY OF RICHFIELD, MINNESOTA Office of City Manager Council Letter No. 55 Agenda February 8, 1982 The Honorable Mayor and Members of the City Council City of Richfield Council Members: Subject: Amendment to Driveway and Parking Area Regulation Ordinance, Second Reading In conjunction with the ordinance amendment revising the residential zoning district regulations, the city council has been considering an ordinance amendment changing the driveway and parking area regulations to reflect the additional zoning district designations. The council on December 28, 1981 deferred second reading approval of this ordinance amendment until February 8, 1982. ~,~: ~'`"' ~ " It is recommended that the city council give second reading • approval to the attached ordinance amendment. Respectfully submitted, ~`` Karl Nollenberger City Manager KN/sh cc: Community Development Director City Planner City Attorney City Clerk • r ;_ ORDINANCE NO. :~, AN ORDINANCE AMENDING SECTION 4.05, SUBDIVISION 1, OF THE CITY CODE OF THE n ~~ CITY OF RICHFIELD, MINNESOTA, BY ADDING THE ~F- "~D" DISTRICT WITHIN THE SCOPE AND COVERAGE OF THE / PARKING REGULATIONS OF THAT SUBDIVISION. CITY OF RICHFIELD DOES ORDAIN: I. Section 4.05, Subdivision 1, of The Ordinance Code of the City of Richfield, Minnesota, is hereby amended to read as follows: ~, 4.05. DRIVEWAYS AND PARKING AREAS. Subdivision 1. Parking Areas - Permits. It is unlawful for any person to establish or make available any lot,. tract, or parcel of land or portion thereof as a parking ~~ "~ area in any zone except the "R" or "R district as defined_in Chapter III or to permit any such land to be so used for other than single-family residence parking in any zone without first having obtained a permit as provided in Subdivision 2 of this section. No building permit may be issued pursuant to Chapter III of this code for the con- struction of any industrial, commercial, business, trade, institutional, multiple residence, or similar building or structure unless adequate provision has been made for off-street parking, unloading and for the safe accommodation LJ .- of vehicular and pedestrian traffic in accordance with i Subdivision 2 of this section and until the permit required '-•\ by this Subdivision has been issued. Passed by the City Council of the City of Richfield, Minnesota, ~ this day of 198_ ~~ Mayor ATTEST: ~,,,~_:~ ~-.~3~ , City Clerk 3 L • i ~7 CITY OF RICHFIELD, MINNESOTA Office of City Manager M~ The Honorable Mayor 4~ ,~`~ and t . Members of the City Council ,.~ City of Richfield ~~ ~-~ Council Members: Council Letter No. 54 Agenda February 8, 1982 Subject: Amendment to Residential Zoninq Ordinance, Second Reading On December 23, 1981, the city council conducted a public hearing on an ordinance amending the sections of the zoning ordinance relating to residential development. The council deferred second reading approval of the ordinance amendment until February 8, 1982, and scheduled a public informational meeting on this topic for February 2, 1982. The public informational meeting was conducted with a minimal number of persons in attendance. citizens gave general support for the revisions. Comments were made expressing concern about allow- ing the conversion of single family dwellings to two-family dwellings and with the title of the RSD Residential Special District. A representative of the League of Women Voters indicated their support for the ordinance. A revised copy of the ordinance amendment incorporating the council directions given at the December 28 meeting is attached for your information. Revisions include: 1. Section 3.30, Subdivision 3(e)(1), concerning special use permits for two-family dwellings in the R district, has been changed to read: "Lot(s) shall abut on arterial or collector streets." 2. The maximum lot coverage in the MR-2 district within Section 3.31A, Subdivision 3.31A, Subdivision 4(c) has been changed from 25% to 30%. 3. The words "or storage" have been removed from the definition of "Garages, Public" of Section 3.27, Subdivision 3(19). 4. The word "anythinq" has been removed and the words "any main or accessory building" have been substituted in its place in the definition of "Structure" found in Section 3.27, Subdivision 3 (33) . Council Letter No. 54 -2- February 8, 1982 5. Section 3.30, Subdivision 2 has been changed to read as 3.30A, Subdivision 2 and vice versa. The term "RSD" has been changed to "R" in Section 3.30A, Subdivision 2. 6. The word "adjoints" has been corrected to "adjoins" in Section 3.30A, Subdivision 5(d)(4). 7. The term "RSD" has been changed to "R" in Section 3.31A, Subdivision 1(a). Also attached for your information is a table comparing the existing and proposed regulations relating to ~C~i~:o~~tial devcioN~<<C.~~. It is recommended that the city council give second reading approval to the attached ordinance, amending the sections of the ordinance relating to residential development. Respectfully submitted, Karl Nollenberger City Manager KN/sh ;~ , ,, „~: _ cc: Community Development Director .City Planner City Attorney City Clerk ORDINANCE NO. AN ORDINANCE AMENDING THE ORDINANCE CODE OF THE CITY OF RICHFIELD, MINNESOTA, AS FOLLOWS: AMENDING SECTION 3.27, SUBD. 3 BY PROVIDING NEW DEFINITIONS FOR "ARTERIAL STREETS", "COLLECTOR STREETS", "FLOOR AREA RATIO", "LOT COVERAGE", "LOT WIDTH", "OUTDOOR OPEN SPACE", AND "REQUIRED YARD" AND MAKING OTHER CHANGES; AMENDING SECTION 3.28, SUBDIVISION 1, BY PROVIDING FOR NEW ZONING CLASSIFICATIONS RSD, MR-l, MR-2, AND MR-3; AMENDING SECTION 3.29 BY ADDING A NEW SUBD. 15 WITH PROVISIONS CONCERNING WALLS, FENCES, AND HEDGES; AMENDING SECTION 3.30 BY REPLACING THE EXISTING PROVISIONS WITH NEW PROVISIONS FOR THE RESIDENCE (R) DISTRICT; ADDING A NEW SECTION 3.30A WITH PROVISIONS FOR THE NEW RESIDENTIAL SPECIAL (RSD) DISTRICT; ADDING A NEW SECTION 3.31A WITH PROVISIONS FOR THE NEW MULTIPLE RESIDENCE (MR-1, MR-2, AND MR-3) DISTRICTS; AMENDING SECTION 3.32, SUBDS. 1(1) AND 4, SECTION 3.33, SUBDS. 1(1) AND 3(a), SECTION 3.34A, SUBD. 2(5), SECTION 3.36, AND SECTION 3.38A BY ADDING REFERENCES TO THE NEW ZONING CLASSIFICATIONS AND MAKING OTHER CHANGES; AMENDING SECTION 3.39 BY DELETING SUBD. 2(1)(e) CONCERNING REGULATION OF WALLS, FENCES, AND HEDGES, BY DELETING SUBD. 4 THEREOF CONCERNING USE OF EXISTING LOTS, AND BY MAKING OTHER CHANGES; AMENDING SECTION 3.57, SUBDIVISION 1, BY PROVIDING THAT THE MINIMUM LOT AREA AND MINIi~SUM LOT WIDTH STANDARDS OF THAT SUBDIVISION SHALL BE SUPERSEDED 4~I-IEN OTHER SUCH STAN- DARDS ARE SPECIFIED FOR PARTICULAR LOTS ELSEWHERE IN THE CODE. The following is a summary of Ordinance ~o. I. Section 3.27, Subdivision 3, of the city ordinance code is amended to include new or amended definitions of the following words: Arterial streets building, accessory; collector streets; family; floor area ratio; garages, public; height of building; lot coverage; lot width; outdoor open space; structure; yard; yard , f rent ; ..yard , reaui red ; and ~_•ard , s ide . II. Section 3.28, Subdivision 1, of the city ordinance code is amended establishing the following new zoning district designa- tions; RSD Residential Special District, :'SR-1 Two Family -2- Residential District, MR-2 Multiple Family Residential District, and MR-3 High Density Multiple Residential District. III. Section 3.29, of the city ordinance code is amended by adding a new Subdivision 15 which provides for clarified and expanded requirements for walls, fences, and hedges. IV. The existing Section 3.30 of the city ordinance code has been deleted and replaced by the following new regulations: A. Permitted uses in this district shall be single family dwellings; accessory buildings; home occupations; schools, churches, and public recreational facilities. B. Permitted accessory uses are listed. • C. Uses by special use permit include certain day care centers, foster and group homes, private recreational facilities, two family dwellings, certain antenna structures, and major public utilities. D. Minimum lot area required for single family dwellings will be 6,750 square feet; minimum lot area for two family dwellings shall be 9,000 square feet; and the minimum lot area for other uses shall be 43,560 square feet. The minimum lot caidth for single family dwellings shall be 50 feet; for tctio family dwellings the mini:~u:~ lot width shall be 60 feet; and for other uses 150 feet. Maximum lot coverage for residential uses shall be 25~ and accessory buildings shall be allowed to occupy up to 30s or their required rear ..~ard. n -3- E. Minimum building setbacks: • Sideyard Use Front Rear Streetside Interior (a) Single family 30' 25' 15' S' (b) Two family 30' 25' 15' 10' (c) Accessory 30' 2' 15' 2' (d) Other uses 30' 25' 15' 25' F. The maximum height for one or two family uses shall be 25 feet; 15 feet for accessory uses; and 42 feet for other uses except that public and semi-public buildings can be constructed up to 75 feet high. V. A new section is added which includes the requirements for the Residential Special District (RSD). The requirements for the ' RSD district are: A. Principal Use. In this district shall be single family residential dwellings. B. Accessary Uses are defined as being the same as in the R Residence district. C. Uses by special use ::er-:-:it include eri~:•ate recreational facilities, certain a:.ter.r.a structures, and certain da,; care and group and family foster care facilities. -4- D. Minimum lot area required in this district shall ro 10,000 • square feet; minimum lot width in this district shall be 75 feet; and maximum lot coverage in this district shall be 25%. E. Minimum Building Setbacks: Front Rear Sideyard Streetside Interior (a) Single family 30' 25' 15' ~ 10 (b) Accessorv 30' 2' 15' _ 2 F. Tlaximum height for single family uses shall be 35 feet and 15 feet for accessory uses. VI. A new Section 3.31A is included establishing requirements for the ~!R-l, MR-2, ar.d `•?R-3, "•Sultiple Residence Districts. The requirements for the ~1R-1, :'iR-2, and '•SR-3, :•Sultiple Residence Districts are as follo~ti~s A. Permitted uses in the ::R-1 District shall be single and two family residential uses. Per:~itted uses in t::^.e ':R-2 District shall i..^.clude uses permitted in the '•SR-1 District and multiple family developments containing 3-lr dwelling units. Perr,~itted uses in the :•;R-3 District shall include -5- multiple residence projects developed under the PL'D ordinance found in Section 3.34A. B. Accessory uses in the MR-l, MR-2, and MR-3 Districts are listed. C. Uses by special use permit in the MR-1, MR-2, and MR-3 Districts shall be any use permitted by special use permit in the R or RSD District. D. The required lot area in the MR-1 District shall be 9,000 square feet, and in the MR-2 District shall be the number of units times 2,500 square feet or 10,000 square feet whichever is greatest, and in the MR-3 District it shall be as required by Section 3.34A. The minimum lot width requirement in the MR-1 District shall be 60 feet for residential uses and 150 feet for other uses. Minimum lot width in the MR-2 District shall be 75 feet for residential uses and 150 feet for other uses. Minimum lot width requirement in the :~!R-3 District shall be as required by Section 3.3YA. ' The maximum lot coverage in the `~!R-1 District shall be 25=, in tine :~!R-2 District it shall be 30 ~ and in the ~!R-3 District it shall be as required in Section 3.34+. D. The required outdoor open space in the :•!R-1 District shall be 600 square eet per d•~elling unit, in the ASR-2 District it shall be 300 square `eet per d:~elling unit and in the '•!R-3 District it shall be as required by Section 3.3•~.~. LJ -6- E. Minimum building setbacks: (a) MR-1 District: Front Rear 30' 25' b) MR-2 District: Front Rear 30' 25' Sidevards Streetside Interior 15' 10' Sidevards Streetside Interior There shall be sidevards pro- vided ecru al to the height of building or 20 feet whichever a.s greater. c) P~1R-3 District: ~~ U LJ Sidevards Front Rear Streetside Interior 35' 35' There shall be sidevards pro- vided equal to the height of building or 35 feet whichever is greater. F. The maximum height in the :~1R-1 District stall be 25 feet, in the ^]R-2 District it shall be -~2 feet and in the MR-3 District it shall be 50 feet. G. Minimum floor areas in the multiple residence districts shall be-500 square feet for efficiency units, 650 square feet for 1 bedroom units, 800 square feet for 2 bedroom units and 800 square feet plus 150 additioal square feet for eaciz unit in excess of 2 for 3 or more bedroom units. ]i. Minimum parlin i:i tize '•]R-1 District shall be 2 spaces per dwelling unit, one of whic'; :-lust be enclosed and they can have a ma~:imum o£ one access per street; in the :~tR-2 District 2 spaces per dwelling unit shall be provided for -7- projects containing 12 units or less; 112 spaces per dwelling unit shall be provided for projects containing 13 units or more and in the MR-3 District spaces should be required as provided in Section 3.34A of the city ordinance. I. Minimum building separation for developments containing more than one building shall equal the height of the taller of the buildings. VII. Sections 3.32, Subdivision 1(1), 3.32, Subdivision 4, 3.33, Subdivision 1(1), 3.33, Subdivision 3(a), 3.34A, Subdivision 2(5), and Section 3.36 are amended to include the new residen- tial zoning district designations. VIII. Section 3.39 of the city ordinance code is amended to apply to commercial and industrial uses only and Subdivision 2(1)(e) is repealed. IX. Section 3.57, Subdivision 1, is amended by providing that the minimum lot area and minimum lot width standards of that subdivision shall be superseded Daher. other such standards are specified elsewhere in the city codes. Printed copies of the full text of this ordiance are available to any person during the hours of 8 :00 ?.`•, to y : 30 P`•? in the office of the Citv Cler;: or i:~ the Ccmmunit~,• Develop:~er.t Depart~.~ent at Richfield Cit~.• fia11, 6700 Portland :j~~enue Sout'~. • rl i 1/4/82 Draft i1 ;i 4<? _ S ORDINANCE NO . j ~,, '~! - ?~ ~ ~u;~ - ~. ~~,,, _ ~~ ~ , AN ORDINANCE AMENDING THE ORDINANCE CODE OF THE CITY OF RICHFIELD, MINNESOTA, AS FOLLOWS: AMENDING SECTION 3.27, SUBD. 3 BY PROVIDING NEW DEFINITIONS FOR "ARTERIAL STREETS", "COLLECTOR STREETS", "FLOOR AREA RATIO", "LOT COVERAGE", "LOT WIDTH", "OUTDOOR OPEN SPACE", AND "REQUIRED YARD" AND MAKING OTHER CHANGES; AMENDING SECTION 3.28, SUBDIVISION 1, BY PROVIDING FOR NEW ZONING CLASSIFICATIONS RSD, MR-l, MR-2, AND MR-3; AMENDING SECTION 3.29 BY ADDING A NEW SUBD. 15 WITH PROVISIONS CONCERNING WALLS, FENCES, AND HEDGES; AME`~DING SECTION 3.30 BY REPLACING THE EXISTING PROVISIONS WITH NEW PROVISIONS FOR THE RESIDENCE (R) DISTRICT; ADDING A NEW SECTION 3.30A WITH PROVISIONS FOR THE NEW RESIDENTIAL SPECIAL (RSD) DISTRICT; ADDING A NEW SECTION 3.31A WITH PROVISIONS FOR THE NE6d MULTIPLE RESIDENCE (MR-1, MR-2, AND MR-3) DISTRICTS; AMENDING SECTION 3.32, SUBDS. 1(1) AND 4, SECTION 3.33, SUBDS. 1(1) AND 3(a), SECTION 3.34A, SUBD. 2(5), SECTION 3.36, AND SECTION 3.38A BY ADDING REFERENCES TO THE NEW ZONING CLASSIFICATIONS AND MAKING OTHER CHANGES; AMENDING SECTION 3.39 BY DELETING SUBD. 2(1)(e) CONCERNING REGULATION OF WALLS, FENCES, AND HEDGES, BY DELETING SUBD. 4 THEREOF CONCERNING USE OF EXISTING LOTS, AND BY MAKING OTHER '~ CHANGES; AMENDING SECTION 3.57, SUBDIVISION 1, BY PROVIDING THAT THE MINIMUM LOT AREA AND MINIMUM LOT WIDTH STANDARDS OF THAT SUBDIVISION SHALL BE SUPERSEDED WHEN OTHER SUCH STAN- DARDS ARE SPECIFIED FOR PARTICULAR LOTS ELSEWHERE IN THE CODE. CITY OF RICHFIELD DOES ORDAIN: I. Section 3.27, Subdivision 3, of The Ordinance Code of the City of Richfield, Minnesota, is hereby amended to read as follows: Subd. 3. Definitions. The following terms_ have the mean- ings ascribed to them in this section: (1} "Apartment" means a room or suite of rooms which _ ~ is designed for, intended for or occupied by one family and equipped with cooking facilities. (2) "Arterial Streets" means the following streets and i roadways in the City: The Crosstown (Highway No. 62); I-35W; I-494; Minnesota Trunk Highway No. 77; 66th Street between Xerxes Avenue and High~~~ay No. 77; 76th Street between Nicollet and Xerxes Avenues; Penn Avenue; Lyndale Avenue; Nicollet Ave- nue; Portland Avenue; and Xerxes Avenue between 62nd and 66th ~~r„~+~ {~~} (3) "Automobile camp" means land or premises used or intended for occupancy by trailers or movable dwellings, rooms, or sleeping quarters of any kind, including trailer coach parks. {3~ (4} "Automobile court" means a group of two or more detached or semi-detached buildings containing guest rooms or apartments which group is designed, intended or od tion of automobile travelers• used rimaril for the accom a , P Y including groups of buildings designated as auto cabins, motor lodges, motels and similar designations. {4~ (5) "Automobile Wrecking" - See Junk Yards. {53 (6) "Block" means that property abutting on one ~ side of a street and lying between the nearest intersecting or intercepting streets or projected streets and another street, railroad right-of-way or unsubdivided acreage. {6~ (7) "Building, Accessory" means a s~be~d}~a~e-bxild~~g, tke-t~9e-a€-wh}ek-}9-}~e}dextal-~e-~~iat-e€-a-~a}x-l~tt}ldi~g-ex eke-ease-lei- detached building used for any permitted accessory use. {~3 (8) "Building Main" means a building in which is 2 u conducted the principal use of the lot upon which it is situated. "Collector Streets" means the following streets and roadways in the City: 69th Street between Xerxes and Penn Avenues; 65th Street between Nicollet Avenue and Rae Drive; Ra-~ Drive between 65th and 66th Streets; 70th Street between Lyndale Avenue and Diagonal Boulevard; 73rd Street between Lyndale Avenue and Diagonal Boulevard; Diagonal Boulevard; 76th Street between Highway No. 77 and Nicollet Avenue; 12th Avenue between 66th Street and I-494; Cedar Avenue; Bloomington Avenue between 62nd and 66th Streets; 66th Street between High- way No. 77 and Standish Avenue; and Standish Avenue. {83 (10) "Court" means an open, unoccupied space bounded on two or more sides by the exterior walls of a building or buildings on the same lot. {93 (11) "Dwelling" means a building or portion there- of used exclusively for residence occupancy, including one-family, two-family and multiple dwellings but not in- cluding hotels, or lodging or boarding houses. {19~ 12) "Dwelling, One-Family" means a building used s exclusively for occupancy by one family. {~l~ (13) "Dwelling, Two-Family" means a building used exclusively for occupancy by two families living indepen- dently of each other. - {l~~ (14) "Dwelling, Multiple" means a building or portion thereof used for occupancy by three or more families living independently of each other. 3 ~~3-} (15) "Dwelling Unit" means a dwelling or portion i of a dwelling or of an apartment hotel used by one family for cooking, living and sleeping. f}4~ {16) "Family" means one or more persons occupying • a premises and livi:~g as a single, non-profit housekeeping unit, as distinguished from a group occupying a hotel, club, fraternity, or sorority house. The term "family" does not include a group of individuals, exceeding three in number, not related by blood, marriage, or adoption. !17) "Floor Area Ratio" means the sum total of the gross floor area of all floors of the structures on the site divided by the gross site area. Gross floor area shall include halls, lobbies, stairways, elevator shafts, enclosed porches and balconies and below grade floor areas used for habitation. Not included as gross floor areas are open terraces, patios, atriums or balconies, carports, garages, breezeways, tool sheds, special purpose areas for common use of occupants, such as recreation room social hall, staff space for therapy or examination in in-care housing, and basement space not used for living accomodations. Gross site area includes the site plus one half of abutting streets and alleys. f15~ (18) "Garage, Private" means an accessory building for only the storage of self-propelled vehicles. {16~ (19) "Garages, Public" means any premises except those herein defined as a private o-~-ete~age garage, used for the storage or eae~ care of self-propelled vehicles or where any such vehicles are equipped for operation or repair or kept for remuneration, hire or sale. 4 ~}~~ (20) "Height of Building" means the vertical distance from the average elevation of the lot along the front building line ~}3e-a~e~age-}e~*e}-ef-the-highest-aid }eHeet-gei~~-e€-~ka~-pe~tiex-ef-eke-}e~-ee~e~ed-by-eke btt}}ding to the highest point of the roof for flat roofs; to the deck line of mansard roofs; and to the mean height between the eaves and ridge for gable, hip, and gambrel roofs. f~8~ (21) "Home Occupation" means any activity con- ducted within a dwelling or building or upon the parcel of land containing the dwelling, which is incidental to the use of the dwelling for dwelling purposes and does not change the character thereof. • f}9~ (22) "Hotel" means any building or portion thereof where lodging is offered to transient guests for compensa= tion and in which there are more than five sleeping rooms with no cooking facilities in an individual room or apart- ment. f~8~ (23) "Junk Yard" means land or building used for the storage or keeping of junk, including scrap metals, or for the dismantling or wrecking of automobiles or other vehicles or machinery other than the storage of materials which is incidental or accessory to any business or indus- trial use on the same lot. _ f~}3 (24) "Lot, Corner" means a lot situated at the intersection of two or more streets, or bounded on two or • more adjacent sides by street lines. 5 (25) "Lot Coverage" means the total ground area covered • by structures. f~~3 (26) "Lot, Interior" means a lot other than a corner lot. ~~3~ (27} "Lot, Key" means the first lot to the rear of a corner lot, the front line of which is a continuation of the side line of the corner lot, exclusive of the width of any alley, and fronting on the street which intersects or intercepts the street on which the corner lot fronts. (28) "Lot Width" means the distance between the two side property lines measured along the front property line. f~43 (29) "Non-Conforming Use" means a use lawfully in existence on the effective date of this code that does not conform in use, height, location, or size, or any one or • more of these, with the regulations of the district in which it is located, except that such a use is not non-conforming if it would be authorized under special use permit where located. (30) "Outdoor Open Space" means open space which is improved and located so as to provide outdoor living area for residents. This shall include lawns and other landscaped areas, walkways, paved terraces and sitting areas, and outdoor recreation areas. Outdoor open space areas shall be at least 20 feet wide and shall not include driveways, parking areas or front or sideyard setback areas. ~~5-} (31) "Story" means that portion of a building included between the surface of any .floor and the surface of 6 - -~ the next floor above it, or if there is no floor above it, • then the space between the floor and the ceiling next above it. f~5-} (32) "Story, Half" means that portion of a build- ing under a gable, hip or gambrel roof the wall plates of which, on at least two opposite exterior walls, are not more than two feet above the floor of such story. f~~~ (33) "Structure" means any main or accessory building axy~k}erg constructed or erected, the use of which requires location on the ground or attachment to something having location on the ground. f~8~ (34) "Structural alterations" means any change in the supporting members of a building such as bearing walls, columns, beams or girders. f~9~ (35) "Use" means the purpose for which land or premises or a building thereon is designed, arranged or intended or for which it is or may be occupied or main- tained. f3A~ 36) "Use, Accessory" means a use incidental and accessory to the principal use of a lot or building located on the same lot as the accessory use. f31~ (37) "Yard" means any open space e~ke~-tba~-a-eat~~~-ez3 eke-ease-let-Hitk-a-btt11d1xQ- on the same lot with a building, which open space is unoccupied and unobstructed_ €~ex~-the g~euxd-xpwa~d--e~eept-ae-et~ie~Hi9e-p~e~ided-i~-Seetiex-3-39-e€ tkl9-ekap~e~- In measuring a required yard, the line of a building means a line ga~allel-fie-eke-xea~est-let-ll~e-d~awx through the point of a building e~-'tke-pei~t-e€-a-d-aelli~g 7 g~ee~ above grade and nearest to st~ek the lot line, e~elt~si~ae e€-the-~espee~}tee-a~eki~ee~.teal-fAatH~ee-e~t~~e~a~ed-~~ 6ee~ie~-3-39-ef-~ki9-Ekap~e~-ae-~e~-~e-be-ee~s}deed-ix ~easx~}xg-yard-d}~teee}e~9-e~-ae-being-~e~t~i~~ed-~e-e~~eed }ate-axy-f~e~~--s}de--e~-~ea~-yard--~esgee~i~aeiy- axd-~~ie-~east~~er~e~~-eka}}-be-~ake~-f~ex~-~~ie-lixe-ef-the-baild- i~Q-fie-eke-~ea~es~-lei-iixe- except that non-accessory building cornices, canopies or eaves may extend into the required yard not more than two feet six inches. f33~ (38) "Yard, Front" means a yard extending across the front of the lot between the inner side yard lines and lying between the front line of the lot and the nearest line of the building. Ground level landings or uncovered porches may extend into the required front yard no more • than six feet. f33~ (39) "Yard, Rear" means a yard extending across the full width of the lot and lying between the rear line of the lot and the nearest line of the building. (40) "Yard, Required" means the minimum setback herein- after imposed by this chapter. f34~ 41) "Yard, Side" means a yard between the side line of the lot and the nearest line of the building and extending from the front line of the lot to the rear yard. Ground level landings or uncovered porches may extend into required sideyard no more than three feet, but in no event shall be closer than four feet to the side lot line. f353 (42) The term "recreational 8 vehicles and equip- ment" means travel trailers, including those which telescope or fold down, chassis mounted campers, house cars, motor homes, .tent trailers, slip-in campers, converted buses and converted vans: 1. Travel trailers, chassis mounted campers, house cars, motor homes, tent trailers, slip-in campers, converted buses, converted vans and units that are designed and used for human living quarters and meeting the following qualifications: a. Are not used as the residence of the owner or occupant, b. Are used for temporary living quarters by the owner or occupant while engaged in recreational or vacation activities, • c. Are self-propelled or towed on the public streets or highways incidental to such recreational or vacation activities. 2. Slip-in campers are mounted into a pick-up truck in the pick-up box, either by bolting through the floor of the pick-up box or by firmly clamping to the side of the pick-up box. The term includes snowmobiles and snowmobile trailers, boats and boat trailers, and all terrain vehicles and all terrain vehicle trailers. The term does not include-mobile homes or house trailers as defined in Minnesota Statutes, Section 168.011, Subdivision 8. f36~ (43) The term "established driveway" means a 9 permanent concrete, asphalt or other surfaced area of a lot designed to provide ingress and egress for motor vehicles from the street to a garage or other off-street parking area authorized herein. The term does not include any non-con- tiguous area exclusively set aside or used for the parking and storage of recreational vehicles and equipment, or parking lots. II. Section 3.28, Subdivision 1, of The Ordinance Code of the City of Richfield, Minnesota, is hereby amended to read as follows: Subdivision 1. Establishment of Districts. For the pur- poses of this chapter, the city shall be divided into the following use districts: R Residence District MR Multiple Residence RS~~~ ~ Residential Special District MR-1 Two Family Residential District MR-2 Multiple Family Residential District MR-3 High Density Multiple Residential District C-1 Neighborhood Business District C-2 General Commercial District I Industrial District PR Planned Residential District PMR Planned Multi-Family Residential PC-1 Planned Neighborhood Commercial 10 PC-2 Planned General Commercial PI Planned Industrial The symbols opposite the names describing each use district above may be used in place of the name of the use district in succeeding provisions of this chapter. III. Section 3.29 of The Ordinance Code of the City of Richfield, Minnesota, is hereby amended by adding the following new Subdivision 15, providing as follows: Subd. 15. Walls, Fences, and Hedges. A wall, fence or hedge may occupy part of a required Yard except as follows: (1) The term hedges as used in this subdivision shall not include trees. (2) No wall, fence or hedge more than four feet in height shall be constructed or permitted forward of the front line of the building extended to the side lot lines. {3) No wall, fence or hedge more than six feet in height shall be constructed or permitted elsewhere on the lot, except that in General Commercial ("C-2") and Indus- trial !"I") districts the maximum height shall be eight feet. (4) All walls, fences, and hedges abutting on the public right-of-way shall be set back three feet from the public right-of-way except that walls, fences, and hedges abutting on any non-collector or non-arterial street right- of-way may be exempted from this setback provision when in the opinion of the city manager such exemption shall not 11 i conflict with any existing city sidewalk policy nor create any sidewalk snow storage problems, and in the case of a collector or arterial street, the city manager may likewise grant exemption from this setback provision when there exists at least three feet for snow storage. (5) On any corner lot nothing shall be erected, placed, planted or allowed to grow in such a manner as to obstruct vision between the height of two and one-half feet above and ten feet above the intersection of the center lines of the intersecting streets in the area bounded by the street curb lines abutting said corner lot and a line con- nectina points on the abutting curb lines fifty feet from the intersection of the extensions of the curb lines. (6) Barbed wire and electric fences are prohibited. (7) All posts on any fence located on or near the lot line shall be on the inside of the fence unless they are designed as an integral part of the fence. (8) All fences, walls, and hedges legally existing on the effective date of this amendment shall be allowed to continue to exist and to be repaired and maintained. IV. Section 3.30 of The Ordinance Code of the City of Richfield, Minnesota, is hereby amended to read as follows: 3.30. RESIDENCE DISTRICT (R). The "R" district is intended to preserve the single family residential character of Richfield neighborhoods insuring that new or replacement development will be compatible with the detached single 12 family dwellings of the neighborhood, preserving neighborhood densities. Subd. 1. Principal Uses: ~a) Single family dwellings; (b) Elementary, middle, junior high and senior high schools; (c) Publicly owned and operated recreation and park facilities; (d) Churches, synagogues, places of worship, convents, parsonages, provided that such convent or parson- age shall house no more than six unrelated indivi- duals. Subd. 2. (a) ~b ) (c) (d} Accessory Uses: Private garages; Greenhouses and garden houses; Storage buildings; Private swimming pools subject to the requirements found in Section 3.16 of this code. (e) Minor public utility facilities; (f) Family and group family day care homes licensed by the appropriate governmental authorities for ten or fewer children; (g) Foster family or group homes licensed by the appropriate governmental authorities caring for six or fewer children or mentally retarded 13 or physically handicapped persons. • (h) Home occupations; (i) Private driveways and sidewalks. Subd. 3. Uses by Special Use Permit: (a) Daycare centers for more than 10 persons licensed by the appropriate governmental authorities; (b) Foster family or group homes licensed by the appropriate governmental authorities caring for more than six children or mentally retarded or physically handicapped persons. c) Private recreational facilities; (d) Major public utilities; (e) Two family dwellings, subject to the following additional requirements: (1) Lot(s) shall abut on arterial or collector streets; (2) Two off-street parking spaces, one of which must be enclosed, shall be provided for each '~ dwelling unit; (3) Onlv one access shall be allowed. (f) Freestanding or ground-based antenna structures, and roof-mounted antenna higher than ten feet from the highest point of the roof. Subd. 4. Requirements for Lot Area, Width and Coverage. a) Minimum lot area; U Single family dwellings: "6,750 square feet. 14 Two family dwellings: 9,000 square feet. • Oth 43 560 t f er uses: , square ee . (b) Minimum lot width: Single family Dwellings: 50 feet. Two family dwellings: 60 feet. Other uses: 150 feet. (c) For residential uses, maximum lot coverage shall be 25%, for other uses, 50%. No accessory build- ing may occupy more than 30% of the area of any rear yard. Subd. 5. Minimum Building Setbacks. Sideyard Use Front Rear Streetside Interior (a) Single family 30' 25' 15' 5' (b} Two family 30' 25' 15' 10' (c) Accessory 30' 2' 15' 2' (d) "'Other uses 30' 25' 15' 25' (e) Additional sideyard setback requirement: On a corner lot adjacent to a key lot, the sideyard on the street side of such corner lot shall have a width at least equal to the front yard of such key lot. (f) Additional requirements for accessory buildings: (1) An accessory building shall not be closer • than five feet to the main building; 15 (2) In the case of an interior lot abutting one • street, no accessory building shall encroach upon the half of the lot abutting the street, nor be situated forward of the front buildirq line; (3) In the case of an interior lot abutting upon two streets, no accessory buildings shall encroach upon the one-fourth of the lot abut- ting each street; (4) In the case of a corner lot, no accessory building shall be located forward of the building front line or its extension; nor nearer the side street than the street side building ad~oinin~ (5) In the c than two encroach abutting line or its extension where the ~ lot is a key lot, use of a corner lot abutting more streets, no accessory building shall upon any one-fourth of the lot any street; (6) Every foundation, floor, wall, ceiling and roof shall be reasonably watertight, weather- tight, rodent proof and shall be kept in good repair, including external appearance; (7) Every window, exterior door, and basement hatchway shall be reasonably watertight, weather tight and rodent proof and shall be . kept in sound working condition and good repair. 16 (g) Additional requirements for other allowed uses: No building shall be located within 50 feet of any lot line of a residential district. The required setbacks shall be increased by one foot for each foot of building height in excess of 42 feet. Subd. 6. Maximum heicthts. One and two family dwellings shall not exceed 25 feet; accessory buildings shall not exceed 15 feet. All other buildings shall not exceed 42 feet, except that public and semi-public buildings, schools, churches shall not exceed 75 feet. 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The following new Section 3.30A is hereby added to The Ordinance Code of the City of Richfield, Minnesota, after Section 3.30 thereof, and it shall read as follows: • 3.30A. RESIDENTIAL SPECIAL DISTRICT (RSD). The "RSD" district is intended to preserve the residential character of selected areas by insuring that new or replacement housing will conform to the established character of the neighborhood and by preserving the existing low density large lot development of these neighborhoods. Subdivision 1. Principal Use: Single family dwellings. Subd. 2. Accessory Uses. Any accessory use permitted in an "R" district, and private schools that are under the supervision of and on the premises of the principal use set • forth~in Subd. 1, (b) and (d) of this section. 20 Subd. 3. Uses by Special Use Permit: • (a) Private recreational facilities. (b) Freestanding or ground based antenna structures and roof mounted antennae higher than 10 feet from the highest point of the roof. (c) Daycare facilities for more than 10 children. (d) Foster family or group homes licensed by the appropriate governmental authorities caring for more than six children or mentally retarded or physically handicapped persons. Subd. 4. Requirements for Lot Area, Width and Coverage: (a) Minimum lot area shall be 10,000 square feet for a single family dwelling; • (bl Minimum lot width shall be 75 feet; {c) Maximum lot coverage shall be 25%. No accessory building may occupy more than 30% of the area of any rear yard. Subd. 5. Minimum Building Setbacks: Sideyard Front Rear Streetside Interior (a) Single family 30' 25' 15' 10' • ' (b) Accessory 30' 2' 15' 2' 21 (c) Additional sideyard setback requirement: On a corner lot adjacent to a key lot, the sideyard on the street side of such corner lot shall have a width at least equal to the required front yard of such key lot. (d) Additional requirements for accessory buildings: (1) An accessory building shall not be closer than five feet to the main building. (2) In the case of an interior lot abutting one street, no accessory building shall encroach upon the half of the lot abutting the street, • nor be situated forward of the front building line. (3) In the case of an interior lot abutting upon two streets, no accessory buildings shall encroach u on the one-fourth of the lot abutting each street. (4) In the case of a corner lot, no accessory building shall be located forward of the building front line or its extension. If a corner lot adjoins a key lot, accessory buildings shall be set back a._distance equal to the front yard setback of the key lot. (5) In the case of a corner lot abutting more • than two streets, no accessory building shall 22 encroach upon any one-fourth of the lot • abutting any street. (6} Every foundation, floor, wall, ceiling and roof shall be reasonably watertight, weather- tight, rodent proof and shall be kept in good repair, including external appearance. (7) Every window, exterior door and basement hatchway shall be reasonably watertight, weathertight and rodent proof and shall be kept in sound working condition and good repair. Subd. 6. Maximum Height. Single family dwellings shall not • exceed 35 feet in height; accessory buildings thereto shall not exceed 15 feet in height. VI. The following new Section 3.31A is hereby added to The Ordinance Code of the City of Richfield, Minnesota, after Section 3.31 thereof, and it shall read as follows: • 3.31A. MULTIPLE RESIDENCE (MR-l, MR-2, AND MR-3) DISTRICTS. The multiple residence districts are hereby established and shall be designated "MR-1", "MR-2", and "MR-3", respectively, The purpose is to allow the establishment and maintenance of a variety of residential densities without regard to the ownership of individual dwelling units. 23 Subd. 1. Principal Uses: (a) District MR-l: Residences containing two dwelling units and any use permitted in the "R" district; (b) District MR-2: developments containing not less than three nor more than seventeen dwelling units, and any use permitted in an "MR-1" district; (c) District MR-3: Multi-residential projects devel- oped under the Planned Unit Development ordinance, Section 3.34A of the Chapter. Subd. 2. Accessory Uses: (a) Parking areas and garages; (b) Greenhouses and garden houses; • (c) Storage buildings; (d) Recreational facilities, courts, swimming pools, play areas, tot lots, benches and picnic areas; (e) Paved driveways and walkways or bicycle paths; (f) Minor public utility facilities. Provided that all of the foregoing are intended for the use and enjoyment of the residents and their guests. Subd. 3. Uses by Special Use Permit. Any use permitted by special use permit in an "R" or "RSD" district subject to any requirements for lot area, setbacks or height in such districts. • 24 Subd. 4. Requirements for Lot Area, Lot Dimensions, and Lot • Coverage. (a) Required Lot Area: The minimum lot area in an "MR-1" district shall be 9,000 square feet and the minimum lot area in an "MR-2" district shall be 10,000 square feet in all events. In an "MR-2" district the total area shall not be less than 2,500 square feet per dwelling unit times the total number of such units; adjusted as follows: (i) For each parking stall under the multiple residence structure or underground, subtract 500 square feet per dwelling unit from the minimum lot area; the total number of such • reductions shall not exceed the number of dwelling units. (ii) For each bedroom in excess of two in any one dwelling unit, add 500 square feet to the minimum lot area per dwelling unit. (b) Required Lot Dimensions: The minimum lot width in an "MR-1" district shall be 60 feet for residen- tial uses. The minimum lot width in an "MR-2" district shall be 75 feet for residential uses. All other uses in either the "MR-1" or "MR-2" district shall have a. minimum lot width of 150 feet. i 2s (c) Maximum Lot Coverage: District Max. Lot Coverage MR-1 25% MR-2 30% For other uses, the maximum lot coverage shall be 50%. (d) Outdoor Open Space: District Sq. Ft./Dwelling Unit MR-1 600 MR-2 300 Increased by 100 square feet for each bedroom in excess of two per dwelling unit. • Subd. 5. Minimum Building Setbacks, All Buildings: (a) MR-1 District: Sideyards Front Rear Streetside Interior 30' 25' 15' 10' (b) MR-2 District: S Front Rear Streetside 30' 25' There shall vided equal building or is greater. c) MR-3 District: S Front Rear Streetside 35' 35' There shall vided equal building or is greater. ideyards Interior be sideyards pro- to the height of 20 feet whichever ideyards Interior be sideyards pro- to the height of 35 feet whichever 26 (d) Additional sidevard setback requirement: On a corner Iot adjacent to a key lot, the sideyard on the street side of such corner lot shall have a width at least equal to the front yard of such key lot. (e) Additional requirements for accessory buildings: (1) An accessory building shall not be closer than five feet to the main building. (2} In the case of an interior lot abutting one street, no accessory building shall encroach upon the half of the lot abutting the street, nor be situated forward of the front building line. (3) In the case of an interior Iot abutting upon two streets, no accessory buildings shall encroach upon the one-fourth of the lot abut- ting each street. (4} In the case of a corner lot, no accessory building shall be located forward of the building front line or its extension; nor nearer the side street than the street side building line or its extension where the adjoining lot is a key lot. (5) In the case of a corner lot abutting more than two streets, no accessory building shall encroach upon any one-fourth of the lot abutting any street: 27 (6) An accessory building located within the rear yard shall have a minimum five foot interior sideyard setback, and may have a zero rear setback. (f} Additional requirements for other allowed uses: No building shall be located within 50 feet of any lot line of a residential district. The required setbacks shall be increased by one foot for each foot of building height in excess of 42 feet. Subd. 6. Maximum Heights, Residential Buildings: MR-1 District: 25 feet. MR-2 District: 42 feet. MR-3 District: 50 feet. Accessory buildings shall not exceed 15 feet. All other buildings shall not exceed 42 feet, except that public and semi-public buildings, schools and churches shall not exceed 75 feet. Subd. 7. Minimum Floor Areas, Net Square Feet: Efficiency dwelling unit: 500 square feet. One-bedroom dwellinq unit: 650 square feet. Two-becroom dwellinq unit: 800 square feet. Dwelling units containing more than two-bedrooms shall have 150 additional square feet for each bedroom in excess of two. 28 Subd. 8. Minimum Parking Provided: MR-1 District: There shall be provided on the site at least two parking spaces, one of which shall be enclosed, for .. each dwelling unit, and only one access shall be allowed to the property from any public street. MR-2 District: There shall be provided on the site the followin parking spaces: Twelve dwelling units or less: two parking spaces per dwelling unit. Thirteen dwelling units or more: one and one-half parking spaces per dwelling unit. • Subd. 9. Minimum Building Separation: There shall be a minimum separation between the principle buildings of a multi-building project equal to the height of the taller of the two adiacent structures. VII. Section 3.32, Subdivision 1(1), of The Ordinance Code of the City of Richfield, Minnesota, is hereby amended to read as follows: Subdivision 1. Permitted Uses. In the neighborhood busi- ness district, unless otherwise spedified in this chapter, the following uses are permitted: 29. (1) any use permitted in an "R", d}e~~}e~-ems-ate "MR", "RSD" , "MR-1" , "MR-2" , or an "MR-3" district, upon compliance with the procedural requirements for each such district provided that no one family or two family dwelling shall be constructed in this district without the procurement of a special use permit in accordance with the provisions of Section 3.41 of this chapter. VIII. Section 3.32, Subdivision 4, of The Ordinance Code of the City of Richfield, Minnesota, is hereby amended to read as follows: Subd. 4. Lot Area and Yard Requirements. The follow- . ing minimum requirements apply to all buildings here- after, erected or structurally altered in a "C-1" dis- trict, subject to modifications and exceptions provided in Section 3.39 of this chapter. (1) -All single family dwellings shall conform to the requirements of an "R" district as set forth in Section 3.30 of this chapter and all multiple family dwellings shall conform to the requirements set forth in Section 3.31 of this chapter. (2) Front Yard: Each building shall have a front yard of not less than 40 feet, and shall have a greater front yard where required-under the provisions of . Section 3.39, Subdivision 2, Paragraph (2). If 30 the building lot abuts upon more than one street the area between the building and each of such str eets shall be regarded as front yard. (3) Sid e Yard: No side yards shall be required except as follows: (a) On a corner lot adjacent to a key lot in a residential district there shall be a side- yard adjacent to the street of a width equal to not less than one-half the depth required for front yards on the lots to the rear of such corner lots. (b) Along that side of every lot in a commer- cial district bordering upon property in the "R" or "RSD" district, there shall be a sideyard of not less than 15 feet. (4) Rear Yard: There shall be a rear yard in every lot in a "C-1" district equal to 20% of the depth of the lot to a maximum required depth of 25 feet for such lot, provided that such rear yard may be reduced one foot for each one foot of front yard provided in excess of the minimum requirements for front yard set forth in this code for ~a "C-1" dis- trict and provided that said rear yard must be at least ten feet. No rear yard bordering upon an "R" or "RSD" district shall be used 31 • I~ for storage, loading, unloading or similar activities. IX. Section 3.33, Subdivision 1(1), of The Ordinance Code of the City of Richfield, Minnesota, is hereby amended to read as follows: Subdivision 1. Permitted Uses. In a General Commercial district, unless otherwise provided in this chapter, the following uses are permitted: (1) Any use permitted in an "R", d~e~~ie~-a~-ate "MR", "RSD", "MR-1", "MR-2", or an "MR-3" district upon com- pliance with the procedural requirements for such district provided that no one-family, two-family or multiple-family dwelling shall be constructed in this district without first obtaining a special use permit therefor in accordance with provisions of Section 3.41. X. Section 3.33, Subdivision 3(a}, of The Ordinance Code of the City of Richfield, Minnesota, is hereby amended to read as follows: Subd. 3. Regulations Relating to Gasoline Service Stations, Public Garages and Car Sales Lots. A special use permit for a gasoline service station, a public garage or a car sales lot shall not be granted unless the council finds that the proposed use will be in substantial compliance with the 32 following standards: (a) The use site will not abut a lot which is in an "R" or "RSD" district. For the purposes of this paragraph, a lot which merely adjoins the use site at one corner will not be deemed to abut the site. XI. Section 3.34A, Subdivision 2(5), of The Ordinance Code of the City of Richfield, Minnesota, is hereby amended to read as follows: (5) Type of Planned Unit Developments; Allowed Uses. (a) There shall be five types of planned unit development districts, viz: Planned Single Family Residential (PR) . Planned Multiple Residential (PMR) Planned Neighborhood Commercial (PC-1) Planned General Commercial (PC-2) Planned Industrial (PI) -{b} Uses allowed in a PUD district shall be as follows: Uses allowed in a an "R" or "RSD" district shall be allowed in a PR district. Uses allowed in a an "MR", "MR-1", "MR-2", or "MR-3" district shall be allowed in a PMR district. - Uses allowed in a "C-1" district shall be allowed in a PC-1 district. S ~ Uses allowed in a "C-2" district shall be 33 allowed in a PC-2 district. Uses allowed in an "I" district shall be allowed in a PI district. (c) Uses other than the permitted uses, as listed above, are allowed in a PUD district provided the use is one which is authorized in one of the five types of PUD districts, and provided further that such additional use cannot occupy more than 33 percent of the gross floor area of the PUD district. XII. Section 3.36 of The Ordinance Code of the City of Richfield, Minnesota, is hereby amended to read as follows: 3.36. SPECIAL PROVISIONS - OUTDOOR ADVERTISING, BILLBOARDS REAL ESTATE AND OTHER SIGNS. Subdivision 1. Outdoor Advertising Signs, R, e~ MR, RSD, MR-l, MR-2, or MR-3 Districts or Portions of Planned Unit Development District Designated for Residential Uses. No outdoor advertising signs, billboards, or real estate signs shall be erected in a an "R", e~ "MR", "RSD", "MR-1", "MR-2", or "MR-3" district or in any portion of a planned unit develop- ment district designated for residential uses, except as follows: (1) A sign not to exceed two square feet displaying the name of the owner, occupant or. lessee and the nature of a Home~Occupation, if any. 34 (2) Non-illuminated or nonreflecting signs, not • exceeding ten square feet in area pertaining only to the sale, rental or lease of the premises which displayed; or bulletin boards of schools, churches, and other public institutions permitted in such districts. (3) Signs advertising the sale of a subdivision when located thereon, provided that the sign, location, and length of time that such signs shall remain have first been .~ approved by the council. (4) Direction and information signs of a public or quasi-public nature, including signs serving as directional signs to properties not situated adjacent to the street next to which the signs are located, upon first securing approval by the council. Subd. 2. Outdoor Advertising Signs, C or I Districts. Outdoor advertising signs, billboards, real estate signs and the like shall be permitted in any "C" or "I" district provided the following conditions are met: (1) Such signs meet the requirements of this city relating to signs as set forth in Part V of this chapter. {2) Any such sign must be set back from the street equal to at least as far as the required front yard from the district in which it is located, provided that on a major city street or federal'or state highway such signs may be required to be set back such additional distance as may be 35 _.. - ~ - _. required to insure proper vision and safety to the tra~fi.c . on such streets and highways. (3) No such sign shall be permitted which faces ~ the front or side lot line of any lot in a an "R", e~ "MR", "RSD", "MR-1", "MR-2", or "MR-3" district used for residential purposes or portions of planned unit development distri~-ts designed for residential uses within 100 feet of such lob or within 200 feet of any public parkway, public square or entrance to any public park or public or parochial school, library, church, or similar instituion. Subd. 3. Compliance with Part V of this Chapter. All advertising signs erected or used within the city sha~.l be subject to the provisions of Part V of this chapter. XIII. Section 3.38A of The Ordinance Code of the City of Richfield, Minnesota, is hereby amended to read as follows: 3.38A. RECREATIONAL VEHICLES AND EOUIPivIENT: PARKING AND STORAGE. Subdivision 1. Declaration of Purpose. The standards established for recreational vehicles and equipment in this section are designed to regulate their storage and commer- cial use and to protect the health, safety and general welfare of the community. The standards are established to promote the safe use, storage and parking of recreational 36 vehicles and equipment and to eliminate those conditions or . misuses which are unsafe and cause deterioration of property and property values. Subd. 2. Permitted Uses. Recreational vehicles and equipment 11 It It 11 11 11 11 IF II 1f may be parked or stored In an _R e~ _MR RSD MR-1 MR-2 or "MR-3" districts or in portions of planned unit development districts designated for residential uses in accordance with this Section and other provisions of the City Code as follows: (a) On any rear or side yard of a lot except the side yard of a corner lot adjacent to the street. (b) Not closer than three feet to any building or structure, including fences. (c) In an established driveway of a lot but not closer than three feet to any building or structure not beyond the lot line and not closer than twelve feet to the curb line of the street abutting an established driveway. (d) A recreational vehicle may be stored on a lot without regard to the location on the lot for the sole and express purpose of loading and unloading for a period not in excess of 48 hours. (e) Unmounted slide-in pick-up campers must be stored no higher than 20 inches above the ground and must be securely supported at least at .four corners by. solid support blocks. . Subd. 3. Prohibited Uses. A recreational vehicle may not be stored, parked, or utilized in an "R", e~ "MR", "RSD" , "MR-1" 37 "MR-2" or "MR-3" districts or in portions of planned unit develop- ment districts designated for residential uses as follows: (a) Recreational vehicles and equipment shall not be used as a permanent residence. (b) A recreational vehicle which is in a state of externally visible disrepair or partial construction must be stored or parked in a rear or side yard but not closer than three feet to any building or structure and for not more than one year. XIV. Section 3.39 of The Ordinance Code of the City of Richfield, Minnesota, is hereby amended to read as follows: 3.39. EXCEPTIONS AND MODIFICATIONS. The provisions of this code as applied to any-axd-a~~ commercial and industrial districts e~eept-ethe~W}se-p~e~}ded are subject to the following exceptions and modifications: Subdivision 1. Hei ht. (1) In any district, public and semi-public buildings, schools and churches, hospitals and other institutions per- mitted in the district may be erected to a height not exceeding 75 feet. The front, rear and side yards shall be increased one foot for each one foot by which the building exceeds the height limit hereinbefore established for such district. (2) Upon acquiring of a special permit as provided in Section 3.41 of this chapter, any building may be erected to 38 a height exceeding that hereinbefore specified for the respective district; but the total floor area of the build- ing shall not exceed that possible for a building in the district erected within the height limit specified in this. chapter or a total of 75 feet, whichever is the lower. (3) Subject to any other provisions of law, towers, gables, spires, penthouses, scenery lofts, cupolas, water tanks, similar structures and necessary mechanical appurte- nances may be built and used to a greater height than the limit established for the district in which the building is located, with the following qualifications: (a) No such exception shall cover at any level more than fifteen percent in area of the lot nor have an area. at the base greater than 1,600 square feet. (b) No tower, gable, spire, or similar structure shall be used for sleeping or eating quarters or for any commercial purpose except one incidental to the permitted uses of the main building. (c) No building or structure in any district shall ever exceed a maximum height of 150 feet, except that the height limitations of this code shall not apply to chimneys, church spires, flag poles, monuments and radio towers. (4) When the average slope of a lot is greater than one foot rise or fall in seven feet of distance from the established street elevation at the property line, one story in addition to the number permitted in the district in which 39 the lot is situated shall be permitted on the downhill side of any building if the height of the building is not increased above the limit specified for the district. Subd. 2. Yards. (1) For the purpose of computing front yard dimen- sions, measurements shall be taken from the nearest point of the front wall of the building to the street line, subject to the following qualifications: (a) Cornices, canopies or eaves may extend into the required front yard a distance of not exceeding two feet, six inches. (b) Fire escapes may extend into the required front yard a distance not exceeding four feet, six inches. (c) A landing place or uncovered porch may extend the required front yard to a distance not exceeding six feet, if the landing place or porch has its floor no higher than the entrance floor of the building. An open railing no higher than three feet may be placed around such place. (d) The above enumerated architectural features may also extend into any side or rear yard to the same extent, except that no porch, terrace, or outside stairway shall project more than three feet into any sideyard and then~in the case of an outside stairway, • only if it is unroofed and unenclosed above and below 40 -the steps. In no case shall a porch, stair landing or • other architectural feature extend closer than four feet to the side property line. fed--A-Hall--fe~ee-ems-hedge-may-eeeapy-past-of-eke ~egt~i~ed-yard;-e~eept-fkat-f~-~-xe-ka~l--fe~ee-ems-kedge ~e~e-fkax-fete-feet-ix-keigkf-ska~~-be-ee~st~t~eted-e~- ge~x~iffed-befweea-tke-f~e~~-lixe-of-fke-lei-aid-eke-f~a~~ ~ixe-ef-eke-bt~iidi~g-e~~exded-fie-eke-ei~e-ie~-ii~es--f~~ Fie-wa~~--fe~ee-ems-kedge-~a~e-~~ia~-9i~-feed-~~-heigkf ska~~-be-ee~s~~ae~ed-e~-pe~~i~f.ed-ems-any-~ea~-yard-ems eideya~d--aad-{~3~-ae-wall,--fer~ee-ems-kedge-~e~e-~kax-fetter feet-~~-keigk~-ska~l-ke-eet~sf~ttefed-e~-ge~x~i~~ed-eta-fke sideya~d-eta-fke-s}de-abtt~~it~g-apex-a-sf~eet-a~-ee~ee~ het-wkiek-abtt~-ttget~-a-key-lef---Ali-pests-e~-ar~y-fettee • leeate~.-ex-e~-t~ea~-fke-lei-line-:~kall~=be-o~R-eke-i~.side ef-fke-fe~tee-ttt~less-fkey-aye-designed-as-apt-it~teg~al-pa~f ef-fke-fet~ee---eke-te~~-ukedgesu-as-aced-}~-skis-ga~a- g~apk-shall-t~e~-it~elttde-~~eee---All-walls--fe~tees-axd kedges-akttt~ixg-eat-l.ke-pttblie-~igk~-ef-Way-shall-be-set kae~-fk~ee-feef--f~e~-fke-gttblie-~igkf-ef-Hay-e~eepf ~kat-wars--fettees-at~d-kedges-abttftiag-ea-pttblie-~igkt- ef-way-wkiek-is-eex~.igttetts-~e-~tex-eellee~e~-e~-xex- a~te~ial-~eadways-as-designated-by-eke-adepted-ee~tg~ekett- sire-glaa-may-be-e~e~pted-f~e~t-floe-sef-bae~-p~e*aisiet~ wkex--ix-fke-epixiea-e€-eke-eity-~at~age~-ettek-e~e~ptiet~ w}~~-xe~-eexflief-witk-axy-e~istixg-eity-sidewalk-peliey ~te~-e~ea~e-axy-petextial-et~ew-steerage-~~e~le~t---Barbed i 41 ~,*ire-aid-e}ee~~}e-feeeee-awe-p~ek~bited---~e~ees-ska}} be-set-baek-tk~ee-€eel.-€~ex~-paw#}erg-areas---9~-any ee~~e~-}et-r~etkixg-ska}}-be-e~eeted--p}aeed--p}acted-ems a}}eked-te-Q~e~-ix-sae~i-a-~a~xe~-as-te-ebst~xet-~isiex betweee.-tie-keigkt-a~-the-ae.d-ewe-ka}}-feet-abe~e-axd tex-feet-abe=ae-tke-~~~e~eee~.ie~-a€-eke-eex~e~-}}yes-e€ tke-ir~te~seeti~g-sheets-ix-tke-area-beaxded-Hy-tke-sheet ex~b-}ices-ab~.tti~g-said-ee~~e~-het-axd-a-}iee-eee:~eeti~g pe}its-e~-tke-abxtt}xg-e~~b-}}xes-€}€ty-€eet-€~ex3-tke i~te~seetiea-a~-tl~e-e~te~sie~s-a€-tke-ea~b-}ices---A}} teeees--6aa}}e-aid-kedges-}ega}}y-e~isti~g-ex-tke-e€feeti~ae date-e€-tai}s-a~e~dx~e~t-ska}}-be-a}}e~aed-te-eexti~t~e-te e~iet-axd-te-be-~egai~ed-aid-~air~taiaed- (2) In any ~eside~tia} commercial or industrial dis- trict where 25% or more of the lots in any block located in the same district, exclusive of the frontage along the side of a corner lot, have been heretofore improved with build- ings of a character permitted in the district, the required front yard depth for the district shall be disregarded in the block and instead the front yard required on each lot in the block shall be of a depth not less than the average depth of the front yards on the lots on which are located such existing buildings, te-a-~a~i~-t~~-ef-€ifty-feet---'}die-sane ~~t}e-ska}}-apply-ix-axy-etke~-dist~iet provided that f}3 the minimum front yard otherwise established by this chapter shall . be maintained in any commercial or industrial district facing upon an "R" or "RSD" district_ aed-{-~3-tke-fi}'ty-feet 42 ~a~}~t~~-shall-e.et-be-agpl}eable-}~-axy-eee~e}al-e~-}~dt~st~~a~ • d}s~~le~. A "block" as used in this paragraph, is the area, regardless of size or shape, which faces a street and lies between the nearest two cross-streets. (3) On a corner lot adjacent to a key lot, the side- yard on the street side of such corner lot shall have a width at least equal to the front yard of such key lot, provided that this regulation shall not reduce the buildable width of the lot to less than 30 feet. X43--lx-ease-a-dNell~~g-is-leea~ed-ex-a-lei-se-~ha~-ids f~e~t-aid-~ea~-faees-a~y-e}de-le~-l~~e--~he-d*~elll~g-shall-be xe~-lees-~kax-55-feed-f~ex~-eke-lei-l}tee. f53 (4) A church, library, museum, school or other memorial, institutional, or public building shall have a minimum side yard of 25 feet on each side adjoining a dwelling or vacant land in an "R" or "RSD" district. f6~ (5) In determining the depth of rear yard for any building where the rear yard opens into an alley, one-half the width of the alley, but not exceeding ten feet, may be considered as a portion of the rear yard subject to the following qualifications: (a) The depth of any rear yard shall be reduced to less than ten feet by the application of this excep- tion. {b) If the door on any building or improvement, • except a fence, opens toward an alley, it shall not be • erected or established closer to the center of the alley than a distance of 20 feet. 43 f~~ ~ In commercial and industrial districts front • and rear yard areas may be used for parking, provided that side yards are maintained adjacent to such use. Subd. 3. Accessory Buildings. The following requirements apply to all accessory buildings as defined in Section 3.27 of this chapter. (1) In case an accessory building is attached to the main building, it shall be made structurally a part of the main building and shall comply in all respects with the requirements of this chapter applicable to the main build- ing. An accessory building, unless attached to and made a part of the main building, shall not be closer than five feet to the main building, except as otherwise provided in • this section. (2) A detached accessory building not over one story and not exceeding twelve feet in height may occupy not to exceed thirty percent of the area of any rear yard. f3~--Betaehed-aeeesee~y-b~ildi~ge-}~-~egide~tial-diet~iets shall-ee~fe~~-te-the-fellewi~Q-additie~al-~egal~e~e~te-ae-te the}~-leeatie~s-xpe~-the-let- Fad lx-the-ease-e€-an-ixte~ie~-let-abatti~g-~pe~-ewe street--~e-detaehed-aeeesse~y-bx}ldlxg-shall-be-e~eeted-ate altered-se-as-te-e~e~eaeh-apex-the-€~e~t-half-ef-the-let- f43 (3} In the case of an interior lot abutting upon two or more streets, no detached accessory shall be erected or altered so as to encroach upon.the one-fourth of the lot • 44 nearest either street or in any case nearer to the estab- • lished building line on either street frontage. f5~ ~ In the case of a corner lot abutting upon two streets, no accessory building shall be erected or structur- ally altered so as to encroach upon the front half of the lot nor so that the building will be nearer to the lot line along the street side of the iot than a distance equal to the width of sideyard on the streetside of the lot; but on a corner lot adjacent to a key lot, no detached accessory building shall be located nearer to the street line of the street upon which the key lot faces than a distance equal to the depth of front yard required on the key lot. A garage with doors opening toward the street shall not be closer • than 20 feet to the lot line. f6~ (5) In the case of a corner lot abutting on more than two streets, no detached accessory building shall be erected or altered so as to be nearer to the lot line along the street side of the lot than a distance equal to the width of the side yard on the street side of the lot or nearer to any street line of the lot than a distance equal to one-fourth the depth of the lot. f~~ (6) No detached accessory building shall be within five feet of the side line of the front half of any adjacent lot except as hereinbe.fore specifically permitted. f83 (7) No garage with doors facing upon the street shall be within 20 feet of the lot line. f~~ (8) The foregoing rules shall not require: 45 (a) than 75 (b) building street I Any detached accessory building to be more feet from any street line bounding the lot. The street side of any detached accessory to be nearer to the lot line opposite the ins th an 20 feet. (c) A private garage to be separated from the front and side lines of the lot where the slope of the front half of the lot is greater than one foot rise or fall in a distance of seven feet from the established street elevation at the property line or where the elevation of the lot at the street line is five feet or more above or below the established elevation. 6xbd--4---Hee-ef-E~is~~eg-bets---~~.-axy-diets}e~-wl~e~e-d~aelll~ge awe-pe~~ti~~ed--a-eir~gle-€a~~ly-d~aellir~g-may-be-leea~ed-ex-any let-ems-play-ef-effieial-~eee~d-as-e€-9e~ebe~-~--=964;-i~~espee- ~i~ae-ef-ire-area-e~-widtk;-p~e~ided--he~ae~e~--~ka~-era-lei-s~iall be-deex~ed-~e-be-less-~kax-59-€eet-wide-ix-axy-ease. Subd. 6 4. Conversion of Single Family Dwellings Prohibited. Notwithstanding any other provisions of this section, a one- family dwelling structure located in an "MR", "C-1" or "C-2" or "I" districts shall not be converted into or used as a two- family or multiple dwelling unless the owner thereof has first obtained a special permit in accordance with the procedures outlined in Section 3.41 of this chapter. 46 XV. Section 3.57, Subdivision 1, of The Ordinance Code of the City of Richfield, Minnesota, is hereby amended to read as follows: Subdivision 1. Minimum Lot Area. The minimum area and minimum width of any lots in a plate or subdivisions shall be 8,000 square feet- and the the standard width of such a lots shall be at least 75 feet- except when any other standard for minimum lot area or minimum lot width is specified for such a lot elsewhere in this code, in which case such other standard shall appl_V. Where corner lots rear upon lots facing the side street, the corner lots shall have extra width sufficient to permit the establishment of front building lines on both the front and side of the lots adjoining the streets. Extra width shall be provided on all corner _lots irrespective of whether they rear upon lots facing the side streets. Passed by the City Council of the City of Richfield, Minnesota, this day of 198_ ATTEST: City Cler i 47 Mayor RESIDENTIAL ZONING COMPARATIVE ANALYSIS REQUIREMENT OR STANDARD Section 3.27 I. GENERAL PROVISIONS EXISTING PROPOSED Subdivision 3 A. DEF INITIONS 1. Arterial Streets Not Included 2. Building, Accessory Term Defined 3. Collector Streets Not Included 4. Family Term Defined S. Floor Area Ratio Not Included 6. Garages, Public Term Defined 7. Height of Building Term Defined 8. Lot coverage Not Included 9. Lot Width Not Included 10. Outdoor Open Space Not Included 11. Structure Term Defined 12. Yard Term Defined 13. Yard, Front Term Defined 14. Yard, Required Not Included 15. Yard, Side Term Defined Section 3.28 II. ZONING DISTRICTS Subdivision 1 A. ESTABLISHMENTS OF DISTRICTS 1. R Residence District Included 2. MR District Included 3. RSD Residential Spec. District Not Included 4. MR-1 Two Family Residential Dist. Not Included S. MR-2 Multiple Family Residential Dist. Not Included 6. MR-3 High Density Multiple Residential District Not Included Section 3.29 III. .r~ PROVISIONS APPLICABLE TO ALL DISTRICTS ; Subdivision 15 A. Walls, Fences, Hedges :' Arterial Streets Listed Existing Definition Clarified Collector Streets Listed Unrelated Individual Restriction added Term Defined Existing Definition Clarified Measurement method altered Term Defined Term Defined Term Defined Existing Definition Clarified Existing Definition Clarified and Expanded Existing Definition Expanded Term Defined Existing Definition Expanded Included (Regulations Altered) Not Included Included Included Included Included Not Included in this. Section •, Existing Requirements from • Section 3.39 clarified and ~xpand'ed -2- EXISTING Section 3.30 IV. RESIDENCE DISTRICT (R) Subdivision 1 A. Permitted Uses Subdivision 2 B. Accessory Uses Subdivision 3 -_ C. Uses By Special Use Permi t Subdivision 4 D. Lot Area, Width and Coverage 1. Minimum Lot Area a. Single Family b. Two Family c. Other Uses 2. Minimum Lot Width a. Single Family b. Two Family c. Other Uses PROPOSED Permitted uses limited to Existing permitted uses single family dwellings, expanded to include schools accessory buildings churches and public recre- and home occupations actional facilities Not Included Permitted Accessory Uses Listed Uses by special use per- Uses by special-use permit to mit include churches, include certain Day Care Cntrs., schools, certain public Foster and-Group Homes, Private and institutional uses, Recreationsi Facilities, .Two hospitals, clinics, Family Dwellings, certain clubs, fraternities, Antenna Structures, and major sororities, philanthrop- public utilities is and charitable insti- tutions, the keeping of more than two boarders y by a residence family, -and public utility installations 8,000 sq. ft. including 6,750 square feet one half of abutting alley Not Included 9,000 square feet Not Included 43,560 square feet Not included (75 ft. 50 feet minimum required by sub- division regulations) Not Included 60 feet Not Included 150 feet 3. Maximum Lot Coverage a. Residential Uses Not Included 25% b. Accessory Buildings Not Included 30% of Required Rear Yard Subdivision 5 _ . E. Minimum Building Setbacks 1. Single Family Uesa a. Front Yard 30 ft. br established 30 feet • average setback on block b. Interior Sideyard ,li story or smaller: S ft. .5 fC. 2 or more stories: 1.0` ft. 'S ft. c. Streetside Sideyard 30 ft. or established 15 feet average setback on block. Buildable width cannot be reduced to less than 30 feet -3- EXISTING PROPOSED c. Rear Yard 20% of the depth of the 25 feet lot to a maximum of 25 feet Z. Two Family Uses a. Front Yard Not Included 30 feet b. Interior Sideyard Not Included 10 feet c. Streetside Sideyard Not Included 15 feet d. Rear Yard Not Included 25 feet 3. Accessory Uses a. Front Yard Not Included in this 30 Feet - Cannot be on front Section z of lot for lot abutting 1 street or on.~ of lot abutting street where lot abuts more than l street. Cannot be forward of established building .line or its extension b. Interior Sideyard Not Included in this Section 2 Feet c. Streetside Sideyard Not Included in this I5 Feet Section d. Rear Yard Not Included in this Section 2 Feet e. Building Separation Not Included in this Section 5 feet from Main Building 4. Other Uses a. Front Yard Not Included in this 30 Feet Section b. Interior Sideyard Not Included in this 25 Feet Section c. Streetside Sideyard Not Included in this - Section 15 Feet d, Rearyard Not Included in this Section 25 Feet Sub division 6 F. Max imum Height 1. One & Two Family Uses Single family: 3 5 Ft. 25 Feet Two-family: Not Included 2. Accessory Uses Not Included in this 15 Feet Section 3. Other Uses 35 Feet r Public and semi-public buildings schools and churches: 75 feet Other uses: 42 Feet ` ` ti -4- SECTION 3.30A ~1. RESIDENTIAL SPECIAL DISTRICT (RSD) Subdivision 1 EXISTING PROPOSED A. Principal Use Not Included (New Section) Single Family Dwellings Subdivision 2 B. Accessory Uses Not Included (New Section) Permitted Accessory Uses Listed Subdivision 3 C. Uses by Special Use Permit Not Included (New Section) Uses by Special Use Permit include private recreational facilities, certain antenna structures. and certain day care and group and foster care facilities Subdivision 4 D. Lot Area, Width, and Coverage 1. Minimum Lot Area Not Included (New Section) 10,000 Square Feet 2. Minimum Lot Width Not Included (New Section) 75 Feet 3. Maximum Lot Coverage Not Included (New Section) 25%; Accessory Buildings: 30% of rear yard Subdivision 5 E. Minimum Building Setbacks 1. Single Family Uses a. Front Yard Not Included (New Section) 30 Feet b. Interior Sideyard Not Included (New Section) 10 feet c. Streetside Sideyard Not Included (New Section 15 Feet d. Rear Yard Not Included (New Section) 25 Feet 2. Accessory Buildings a. Front Yard Not Included (New Section) 30 Feet - Cannot be on front 2 ' of lot for lot abutting on I street or on '~ of lot abutting street where lot abuts more than 1 street. Cannot be for- ward of established building line or its extension b. Interior Sideyard Not Included (New Section) 2 Feet c. Streetside Sideyard Not Included (New Section) 15 Feet d. Rear Yard Not Included (New Section) 2 Feet Subdivision 6 F. Maximum Height 1. Single Family Uses 2. Accessory Uses SECTION 3.31A , , /I. MULTIPLE RESIDENCE,DISTRICTS (MR-l, MR-2, MR-3) Not Included (New Section) 35 Feet Not Included (New Section) 15 Feet A. Principal Uses -5- i i • EXISTING 1. MR-1 District 2. MR-2 District Not Included (New Districts) Not Included (New Districts) 3. MR-3 District Existing MR District Subdivision 2 B. Accessory Uses Not Included (New Districts) Single and Multiple residences-developments over 3 units require apartment use permit Not Included Subdivision 3 C. Uses by Special Use Permit Any use permitted by Special Any use permitted by Use Permit in the "R" District special use permit in the and multiple dwellings with "R" or "RSD" district Subdivision 4 more than 3 units D. Lot Area, Dimension and Coverage 1. Required Lot Area a. MR-1 District b. MR-2 District c. MR-3 District %~ Existing MR District 2. Required Lot Dimensions a. MR-1 District b. MR-2 District c. MR-3 District %~ Existing MR District 3. Maximum Lot Coverage a. MR-1 District b. MR-2 District c. MR-3 District d. Other'Uses * Existing MR District Not Included (New Districts) Not Included (New Districts) Not Included (New Districts) 10,000 square Feet Not Included (New Districts) Not Included (New Districts) Not Included (New Districts) No specific Requirements PROPOSED Single and two-family uses Multiple family develop- ments containing 3-17 dwelling units Multiple family projects developed under the PUD ordinance Section 3.34A Not Included Permitted Accessory uses listed 9,000 square Feet The number of units times 2,500 sq. ft. or 10,000 sq. ft. whichever is greatest As required by P.U.D. Ordinance Not Included Minimum Iot width: 60 feet for residential uses; other uses: 150 feet Minimum lot width: 75 feet for residential uses; other uses: 150 feet As required by the P.U.D. Ordinance Not Included Not Included (New Districts) 25% Not Included (New Districts 30% Not Included (New Districts) As required by the P.U.D. Ordinance Not Included (New Districts), 50% ~, Maximum Floor Area Ratio: 20% Not Included -6- EXISTING 4. Outdoor Open Space a. MR-1 District • b. MR-2 District c. MR-3 District Not Included (New Districts) Not Included (New Districts) Not Included (New Districts) * Existing MR 600 sq. ft. per dwelling unit District for 2 or 3 unit developments and 300 square feet per dwelling unit on larger projects Subdivision 5 E. Minimum Building Setbacks 1. MR-1 District a. Front Yard Not Included (New Districts) b. Interior Side Yard Not Included (New Districts) c. Streetside Side Yard Not Included (New Districts) d. Rear Yard Not Included (New Districts) 2. MR-2 District a. Front Yard Not Included (New District) b. .Interior Side Yard Not Included (New District) c. Streetside Side Yard Not Included (New District) d. Rear Yard Not Included (New District) 3. MR-3 District a. Front Yard Not Included (New District) b. Interior Side Yard Not Included (New District) c. Streetside Bide Yard Not Included (New District) d. Rear Yard 4. Ac a. b. c. • d. cessory Buildings Front Yard Not Included in this Section Interior Side Yard Not Included in this Section Streetside Sideyard. Not Included in this Section l Rear Yard Not Included in this Section PROPOSED 600 sq. ft. per dwelling unit 300 square feet per dwelling unit As required by the P.U.D. Ordinance Not Included 30 Feet 10 Feet 15 Feet 25 Feet 30 Feet Height of Building or 20 feet whichever is greater Height of building or ~0 feet whichever is gre=~••_ or equal to the frontyard setback of adjacent key lot 25 feet 35 Feet Height of building or 35 feet whichever is greater Height of building or 35 feet whichever is greater or equal to the front yard setback of adjacent key lot 35 feet Cannot be on front i of lot for lot abutting 1 street or on '~ of lot abutting street where lot abuts more than 1 street; cannot be forward of front building line 5 feet Cannot be on ~ of lot abutting street or forward of building line of adjacent key lot 0 Feet • - 7- 5. Other Requirements EXISTING Not Included in this Section Existing MR District a. Front Yard 30 feet or established average b. Interior Sideyard 5 feet for 1 or 12 story bldg. 10 ft. for 2 or more story building c. Streetside Sideyard 30 feet or established average d. Rear Yard ZO% of the depth of lot to a maximum of 25 feet Subdivision 6 F. Maximum Height 1. MR-1 District 2. MR-2 District 3. MR-3 District 4. Accessory Buildings 5. Other Buildings Existing MR District Subdivision 7 G. Minimum Floor Areas 1. Efficiency Unit 2. 1 Bedroom Unit 3. 2 Bedroom Unit- 4. 3+ Bedroom Units Subdivision 8 H. Minimum Parking 1. MR-1 District 2. MR-2 District 3. MR-3 District Not Included (New District) Not Included (New District) Not Included (New District) Not Included (New District) Not Included (New District) 3 Stories 650 Square Feet 650 sq. ft. for 900 sq. ft. for 650 sq. ft. for 900 sq. ft. for No Minimum Requ apartments townhouses apartments townhouses irement Not Included (New District) Not Included (New District) Not Included (New District) PROPOSED No building shall be within 50 feet of a lot line in a residential district and setbacks shall be increased by 1 foot for every foot of building height in ex- cess of 42 feet Not Included Not Included Not Included Not Included 25 Feet 42 Feet 50 Feet 15 Feet Public, Semi-public, school .churches shall not exceed 75 feet; other uses-42~f t. Not Included 500 Square Feet 650 square feet 800 Square Feet 800 sq. ft. plus 150 addi- tional sq. ft. for each unit in excess of 2 2 spaces per dwelling unit, one must be enclosed; 1 access from street 2'spaces per dwelling unit for projects containing 12 units or less; 12 spaces per dwelling unit for pro- -jects containing 13 units or more As required by P.U.D. Ordinance ~~ u -8- E:CISTING PROPOSED * Existing MR regulations 2 spaces per dwe]ling unit for projects containing 12 or less Not Included units, 1z spaces per dwelling unit for projects containing 13 units or more Subdivision 9 I. Minimum Building Separation Sum of Building Heights Height of Taller Bldg. V. OTHER CHANGES The proposed new ordinance would eliminate Section 3.39 Exceptions and Modifications of Existing Ordinance as it applies to residential property and would eliminate section 3.37 Group Housing Provisions • Ordinance Section No. XIII XIV XV Subject Matter Page No. Providing technical amendments to Section 37 3.38A. Providing minor amendments to Section 3.39 38 and repealing Subd. 2(1)(e) entirely. Amending Section 3.57, Subd. 1 in regard to 47 minimum lot area and minimum lot width requirements. Note: Also provided is a separate ordinance amending Section 4.05, Subd. 1, dealing with parking areas and permits, by adding the new RSD zoning district to the coverage of that section. This appears at page 49. • ii 1/4/82 INDEX TO RESIDENTIAL ZONING AMENDMENTS RICHFIELD, MINNESOTA (This index is provided for reference purposes only and is not a part of the zoning amendments). Ordinance Section No. Subject Matter Page No. I II III IV V VI VII VIII IX X XI XII Amending Section 3.27, Subd. 3, including 1 providing new or amended definitions for arterial streets, collector streets, family, floor area ratio, height of building, lot coverage, lot width, outdoor open space, yard, front yard, required yard, and side yard. Amending Section 3.28, Subd. 1, providing for new zoning classifications RSD, MR-l, MR-2, and MR-3. Amending Section 3.29 by adding a new Subd. 15 concerning walls, fences, and hedges. Deleting the existing Section 3.30 and pro- viding an entirely new provision and section on the Residence (R) District. Adding a new Section 3.30A to follow Section 3.30 and provide the basic definition of the new (RSD) Residential Special District. -~ Adding a new Section 3.31A with definitions of the new multiple residence districts, MR-l, MR-2, and MR-3. Providing a technical amendment to Section 3.32, Subd. 1(1). Providing technical amendments to Section 3.32, Subd. 4. Providing technical amendments to Section 3.33, Subd. 1(1). _. Providing technical amendments to Section 3.33, Subd..3(a) Providing technical amendments to Section 3.34A, Subd. 2(5). Providing technical amendments to Section 3.36. i 10 11 12 20 23 30 32 33 33 33 34 ~'i7,~ 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. 53 Agenda February 8, 1982 Subject: F'ee-Waived Raffle License for Rollin' Tigers Citizens Band Radio Club The city has received an application for a raffle license from the Rollin' Tigers Citizens Band Radio Club. The raffle is scheduled to take place at the Fred Babcock VFW Post on Saturday, May 1, 1982, from 4:00 p.m. to 12:30 a.m. This is an annual event sponsored jointly by the Rollin' Tigers and the Fred Babcock Post to raise funds for the American Lung Association of Hennepin County. Since all proceeds are to be donated to the American Lung Association the applicaii~ i~as ``requested that the license be issued on a fee-waived basis. • The Public Safety Department has conducted t~i~. ~~ecessary background investigation with regard to the participants in the raffle activity. Additionally, the Public Safety Depart- ment has received the necessary certificate of insurance and the certificate appears to be in order. On the basis of the review of the application by the Public Safety Department there appears to be no basis to deny this license application. Respectfully submitted, J ,. Karl Nollenberger City Manager KN/sh cc: Public Safety Director ~ ~ 7~4 CITY OF RICHFIELD, MINNESOTA Office of City Manager Council Letter No. 52 Agenda February 8, 1982 The Honorable Mayor and Members of the City Council City of Richfield Council Members: Subject: Setting Date for Board of Review There is an item on the February 8, 1982 city council meeting agenda for the purpose of setting the date for the 1982 Board of Review meeting. State law requires that the city reevaluate one-fourth of -real estate property within the city each year and that values of the remaining properties of the city be adjusted accordingly. Each property owner in the city is notified by mail of any increases of -.w._,„~,: ; valuation on his property, and must also be notified of the date, time and place for the Board of Review meeting. The Board of Review hears appeals from residents who wish to have their property eval- • uation established at some level other than that established by the city's assessor. Section 7.04 of the City Charter details the responsibilities of the Board of Review: "The Board of Equalization shall consist of members of the city council and two residents of the city appointed for a one year term by the city manager and approved by the council". The two "resident members shall be experienced in real estate matters and shall receive such compensation as the council may determine. The Board of Equalization shall equalize assessments of property for taxation purposes according to law. As soon as any real estate has been reassessed, the affected property owners should be notified by the assessor of the amount of the change and the reason therefor." It is recommended that the city council set the date for the 1982 Board of Review meeting for Wednesday, June 2, 1982, at 7:00 p.m. The council may consider appointments of citizen members to serve on the Board of Review at a future council meeting. Respectfully submitted, °~~ Karl Nollenberger City Manager KN/sh cc: Assessor Administrative Services Director CITY Or RICHFIELD, MINNESOTA Office of City Manager The unnn;-~ri e r~taLL,~,- and P~4embers of the City Council City of Richfield Council Members: Subject: Commission Appointments # I6 Council Letter No. 51 Agenda February 8, 1982 There are currently two city commissions with membership vacancies as follows: Energy Awareness Advisory Commission ,;~;~.~~;:~<; There is currently one vacancy for a three-year term which ,~,~,;, _ will expire in July, 1985. An application from James Gdilcox is attached to this counc;~. i~+-~~,-~ fir council consideration. Human Rights Commission There are currently two vacancies o~z this commission; one for a one-year youth term, for which there are no applications at this time, and one for a three-year term which will expire in May, 1985, to replace David Linstrand who recently resigned from the commission. Attached to this council letter are applications from John Landers,` Jr. and George Seltz for consideration of the city council. n s heduled on the Februar 8 1982 cit This item has bee c Y ~ Y council agenda for council action. Respectfully submitted, .^ t~s~-~z~~~=., i<arl Nollenberger City r~Ianager KN/eja ~t I • CITY OF RICHFIELD, MINNESOTA Office of City Manager Council Letter No. 50 Agenda February 8, 1902 The Honorable Mayor and Members of the City Council City of Richf field Council Members: Subject: Presentation - League of Women Voters The Richfield League of t~aomen Voters is presently under- going a financial drive and has requested a proclamation ~i_,.,, declaring February, 1982 "Richfield League of Women Voters" month . ~,.:~;: Attached to this council letter is a copy of this procla- • mation. Marie Richardson, President of the League, will be present at the February 8, 1982 city council meeting to accept this proclamation for the League. Respectfully submitted, 1 Karl Nollenberger City ~-lanager KN/eja • PRUCLAMATIUN DECLARING PPERUARy, 1982 RICHPItLD LPAGUP UP (~UMPN VUTPRS MUtJTH :,~, L; ~UNPRPAS, the R~.ch{~~e.~d League a{~ Glamen Va~en~5 hay fan many yean~, ac~~.ve~y pan~~.c~.pa~ed ~n pnag~cam~ ~a -tnUanm ne~~.den~~s a~ ~aca.2, ~~a~e and na~~.ona.L gavennmen~ ~.~~ue~, and (UHPRPAS, the R~ch{~~.e.Ed League a~ ~lamen Va.ten~ wa~cFz~ d~..L- ~.gen.t.2y ~a pnav~de ~,n{~anma~~.an an hou~5~.ng, xedeve~apmen~, po2~.~~.ca~ cand~.da~e~, pub.2-%c ~a~e~y, avcd vo.teh heg~.~-tna~~on, a~ we2~E a~ many a~hex pe~c~~nen~ and ~.m}~on~an~ ~.~~uea, and n ~ wHPRPAS, the R~.ch{~~,e~d League o{~ (amen Vo~en~a ~.~ pne~en~2y unde~cga~.ng a ~~.nanctiu.2 dn~.ve is ~ha~ they w~~2.2 have adequ.a~e ~und~ ~a ~~udy ~.~~ue~ and pnov~.de ~,n~atcma~~.on ~a the pub~~.c. NUtU, THPR~PURP, 8P IT RPSULVPD ~ha~ I, Jahn Ham~.2~an, -'k ~ '- Ma on o the C~.~ o R~.ch tied, do heneb nac~a~.m the man~h .:~ ~ ~'~ ~ y ~ y ~ U ~ y p , ~~~~ ~,„ :. o~ Pebnuany, ,..1982 "RICHI=ICED L~AGU~ OP WUM~N VUTLRS MUNTH" MF ,.: _~'~`~ and da encaunage the warren and men ab the C~~y aU R.cchU~ekd ~a ,~a~.n and ac~~ve.Ly patc.t~.c~.pa~e ~,n the League on ~to ~uppoh~ the League ac~~.v~~~.e~ by a {~~.nanc.~a~2 can~n~,bu~~.an. =i DUNP a~ the C~.~y a{~ Rtich{~~.e.Ld, M~.nne~sa.ta ~h.i~, S.th day a{~ :~, Pebnuany, 1982. Ja n Ham~c ion Mayan ~ // CITY OF RICHFIELD, MINNESOTA Office of City Manager ~, ~ Council Letter No. 49 Aqenda February 8, 1982 The Honorable Mayor and Members of the City Council City of Richfield Council Members: Subject: Transitory Ordinance Establishing Council District Boundaries, Second Reading On January 11, 1982 the city council gave first reading approval to a transitory ordinance establishing the boundaries of council districts, pursuant to Section 2.03 of the City Charter of the City of Richfield. A copy of the proposed transitory ordinance is attached. The district boundaries described in the transitory ordinance were developed as a recommendation by the seven-member citizens committee appointed by the city council to work on ~.;~;~ s§'r" redistricting issues. It is recommended that the city council give second reading. approval to this transitory ordinance at the • February 8, 1982 city council meeting. Also attached to this council letter is a resolution which would designate precincts and polling places within the city. The precinct and polling place recommendations were similarly developed by the citizens' redistricting committee and are part of the overall redistricting plan recommended by that committee. It is recommended that the city council also adopt this resolution, designating precincts and polling places. Respectfully submitted, ~~ ~"cc, ~tic~~ Karl Nollenberger City Manager KN/sh cc: City Attorney City Clerk Administrative Services Director LEGAL NOTICE Bill 1982-1 TRANSITORY ORDINANCE NO. 16.89 AN ORDINANCE ESTABLISHING THE BOUNDARIES OF COUNCIL DISTRICTS PURSUANT TO SECTION 2.03 OF THE CITY CHARTER OF THE CITY OF RICHFIELD CITY OF RICHFIELD DOES ORDAIN: Pursuant to the provisions of Section 2.03 of the City :~,: Charter of the City of Richfield, the boundaries of the three ~ ~ . . council districts of the city are hereby established as follows: District 1. All of the city lying west of Interstate 35-W. ~~~`'~_ - ~ District 2. All of the city lying between Interstate 35-W - and Portland Avenue. District 3. All of the city lying east of Portland Avenue. Y 1~~ ;Passed by the city council of the City of Richfield, Minnesota, .this day of 198 . _ Mayor ATTEST: City Clerk RESOLUTION N0. RESOLUTION ESTABLISHING BOUNDARIES OF ELECTION PRECINCTS BE IT RESOLVED by the City Council of the City of Richfield as follows: 1. The boundaries of the election precincts, and polling places for such election precincts, within the city are hereby established to be as follows: ,_,,, Precinct ~. That area of the city lying west of Inter- state Highway 35W and north of 67th Street. Polling Place: Mt-Ga-l~rar-y---E~-~tee~ron $nif'ding -'~-l~c:~~•nr~ -- -t,:~~t~ ~~, Precinct ?r. That area of the city lying west of Penn Avenue and south of 67th Street. Polling Place: ^L---~t-~`s ~1~1Ca~rt l-F~u.ls ~cNuot_ Precinct 3". That area of the city lying south of 67th Street • between Penn Avenue and Interstate Highway 35W. Polling Place: s!:~~r.ida>t-Sehool ~ Precinct ~. That area of the city lying between Interstate Highway 35W and Portland Avenue and also lying north of 68th Street extended. Polling Place : ~1 C 4~v R~ ~ ~ ~ ST Pl=.:-ri`~ `~. (p, Precinct ~ That part of the-city lying between Wentworth Avenue extended and Interstate Highway 35W and lying south of 68th Street extended. Polling Place: - *F.a.,, ,. _,,,._, C`-~,~TrLR ~- L. ~-CMi~~f'T'E1k= "~ Precinct &. That area of the city lying between Wentworth Avenue and Portland Avenue and lying south of 68th Street. Polling Place: Gcn.tral- E1eFnenta-rv School ~~ZTL.F~~~C~ -!~ ~"'~-ot- Precinct ~. That area of the city lying east of Portland .`-venue and north of 68th Street. Polling Place: a ~---~ ^- --1 plo„r„-CawArz~! L-a~cr-rr-~o~ ~•~t~otNG Precinct 8. That area lying between Portland Avenue and 12th Avenue and lying south of 68th Street. Polling Place: Elliott School Precinct 9.- That area of the city lying east of 12th Avenue and south of 68th Street. Polling Pl,t~:c Centennial School 2. The foregoing precinct boundaries shall be effective on June 1, 1982. Sixty (60) days' notice of the effective date of the foregoing precinct boundaries shall be posted in the office of the city clerk prior to the effective date of such precinct boundaries. 3. The clerk shall notify each registered voter in any area affected by a change in precinct boundaries at least thirty (30) days prior to the first election held after the foregoing precinct boundaries become effective. • __ _ 4. The clerk shall file with the Secretary of State and the state demo- - - - grapher in the state planning agency a map showing the correct boundaries of the precincts in the municipality and shall keep a copy of such map on file in the office of the clerk for public inspection. r' • 5. At least thirty (c~erdaWSlbePlaceton filegforgppblicninspectaonlas become effective, the 1 map setting forth tharreofssdapeeandctheostateldemogaapherl forward copies to the Secret y 6. For each election heldrecinct mapsctoatheyelectionrjudgeslforreach copies of the appropriat p polling place. gg.~;y .. M.~v~~ gt`"P~r"'~,''~' `~"~ '` ~ t ",,~'. ~,., -ia ~E' ~~:; ,+~s ~•,iq;~y,. s :d~v~r .rwr -; s`.~c _ a - .. < .~~ ~ ~ ~.., .,. ... - rd N ~.< , . , . .~ ~ ~. • H _~ ~# i 0 • Council Letter No. 48 Agenda February 8, 1932 The Honorable Mayor and Members of the City City of Richfield ~`'`~~"`~"'~-~~' Council Members: CITY OF RICHFIELD, MINNESOTA Office of City Manager Council Subject: Ordinance Amendment Relating to Various Fees ""'~~ ~' ~` ~ and Charges In November, 1981, the city council adopted a resolution establishing the schedule of permit and license fees which will be charged by the city for various licenses, permits and other miscellaneous activities during 1982, The city attorney`s office, in the course of finalizing that resolution, discovered that certain of the fees included in that ~~'~"~#'~==~'resolution are not now clearly provided for in city ordinance,. ~~'~~"`Although the fees have been established by council resolution, it ~ ~ is the determination of the city attorney that such fees and charges will be given additional legal substantiation if the city ordinances are amended to specifically authorize the fees and charges. On January 11, 1982, the city council gave first reading approval to the attached ordinance amendment, which would authorize the fees and charges contained in the license fee resolution relating to housing inspection fees and various water and sewer items. It is recommended That the city council give second reading approval to this ordinance amendment at the February 8, 1982 city council meeting. Respectfully submitted, KN/sh cc: City Attorney CvL~ ~I W-~ ~ r~.`^=~ A~J-~ Karl Nollenberger City Manager ~~ ` LEGAL NOTICE ., tY • ORDINANCE NO. 1982-3 ORDINANCE AMENDING SECTIONS 3.06, 8.03, SUBDIVISION (1), 8.13, AND 8.21, SUBDIVISIONS (1), (4) and {5) OF THE ORDINANCE CODE OF THE CITY OF RICHFIELD, MINNESOTA, RELATING TO FEES TO BE CHARGED FOR HOUSING INSPECTIONS AND FOR CITY SERVICES RELATING TO SEWER AND WATER SERVICE ~a.y~~~t4p~aUa~~~, CITY OF RICHFIELD DOES ORDAIN: ~~;'~Y~r~~~Y: (1) Section 3 .06 of the ordinance code of the City of Richfield entitled "Building and Construction Permits: Issuance and Procedure" is hereby amended by adding at the end thereof the following new subdivision: ' Subd. 11. Housing Inspection Fees. A fee for each '"~'~~~ ~ - house inspection shall be charged by the city. nq-'.y ~8Fv';r#, ~''r~*F`iuF,'., ~~r. fir. ~ t. -.~$ , ~~, ,r.k`: + i.:.t .a _ ..,k ~. 1 ' .. - - ~~ a , w,_~- ( 2) ..Subdivision 1 of Section 8.03 of the ordinance code of the City of Richfield relating to connections of city buildings to the city sanitary sewer system is hereby amended to read as follows: Subdivision 1. Unauthorized connections. No unauthor- ized person shall uncover, make any connections with or openings into, use, alter, cap off, abandon, or disturb any public sewer or appurtenance thereof without first obtaining a written permit from the building inspector and otherwise complying with the terms of this chapter. (3) Section 8.13 of the ordinance code of the City of Richfield relating to the use of the city's water system is hereby amended to read as follows: Section 8.13. Use of Water Restricted to Authorized Persons. No person, firm or corporation shall make, construct or install any water service installation or make use of any water service, or cap off or abandon any water service connected to the municipal water system except pursuant to application and permit as provided in this part, nor shall any person, firm or corporation otherwise make, construct, install or make use of any installation connected to the municipal water system contrary to the regulatory provisions of this part. Additions [Deletions] <- (4) Subdivisions 1, 4 and 5 of Section 8.21 of the ordi- nance code of the City of Richfield relating to the use of the city's water system are hereby amended to read as follows: Subdivision 1. Curb Box Connection Permit. A permit must be obtained to connect to existing water service leads at the curb box. The fee for each such permit [is $10.00] shall be as provided in Appendix D of this code. No permit shall be issued except to a plumber registered with the city. Subd. 4. Turning on Water. For turning on water where ~`= ~,,`r service has been turned off for non-payment of water ~•'~' ~ '`- bill, failure to repair a leak, discontinuance of service or any other cause, a service charge [of $10.00] as provided in Appendix D of this code will be made. qtr ~:. . . Subd. 5. Adjustment of Curb Box. For raising or lowering stop-box tops to correspond with ground level change made by the property owner, a service charge [of ~~'~ ~~~°# ~~ ~= ' $15.00 as provided in Appendix D of this code will be =z~+ made . • Passed by the City Council of the City of Richfield, Minnesota this day of 1981. T~ayor ATTEST: City Clerk • Additions [Deletions] #9 Council Letter No. 47 Agenda February 8, 1982 The Honorable Mayor and Members of the City City of Richfield I~ ;~,~, , _ Council Members ~_-:.: Subject CITY OF RICHFIELD, MINNESOTA Office of City Manager Council Transitory Ordinance Providing for Certain Capital Improvements, Second Reading On January 11, 1982, the city council gave first reading approval to a transitory ordinance appropriating monies from the Special Revenue Fund to various capital improvement projects. These capital improvement projects were approved in the 1982 Capital Improvement Budget for the city, and include the following: Park Land Acquisition $ 30,000 ~,: ~ ~ ~'~,~~,~,;. ~ ~ .: ,, ,, Public Safety Building 130, 000 ~ ~~ ~"M"`~" Energy Building Improvements 7,000 • Total $1b7,000 The 1982 Capital Improvement Budget also included a $45,000 appropriation for forestry improvements, which the city council deleted from the transitory ordinance. A previously approved transitory ordinance appropriated $176,250 in special revenue monies to be used in conjunction with state grant monies and general revenue sharing funds for redevelopment of the Monroe/ Fairwood Park ,complex. It is recommended that the city council give second reading approval to the attached transitory ordinance, appropriating monies from the Special Revenue Fund for the projects described above. Respectfully submitted, Karl Nollenberger City Manager KN/sh cc: Program Directors Finance Coordinator LEGAL NOTICE Bill 1982-2 TRANSITORY ORDINANCE N0. 16.90AN ORDINANCE PROVIDING FOR THE EXPENDITURE OF MONEY FROM THE SPECIAL REVENUE FUND FOR CERTAIN CAPITAL IMPROVEMENTS City of Richfield Does Ordain: Section l: It is found and determined to be necessary and expedient for the City to expend money from the Special Revenue Fund for the making of Capital Improvements listed in Section 2 hereof, for which the city would be authorized to issue general obligation bonds. Section 2: The capital improvements and amounts of expenditures for such improvements which are authorized to be paid from the Special Revenue Fund under Section 7.12, sub d. 2 of the City Charter, are as follows: Park Land Acquisition ~ 30,000 Public Safety Building 130,000 Energy-Building Improvements 7,000 To to l ~Z~.OOu Section 3. The expenditure herein authorized shall be made pursuant to such contracts as are authorized from time to time by council action. ' ''"`~~~~`~'~~ Passed by the City Council of the City~of Richfield this r~ U John Hamilton Mayor ATTEST: Sylvia K. Bergh City Clerk ~ iy~ CITY OF RICHFIELD, MINNEOSTA Office of City Manager • Council Letter No. 46 Agenda February 8, 1982 The Honorable Mayor and Members of the City Council City of Richfield Council Members: Subject: Assessment for C.P. 768 - Aldrich Avenue Cul-de-sac Reconstruction Attached is a resolution declaring costs to be assessed for C.P. 768, reconstruction of the Aldrich Avenue Cul-de-sac, and setting the date for the assessment hearing. The total costs of the project will be assessed to the Lyndale Garden Center property, as negotiated in the Developer's Agreement between the HRA and Lyndale Garden Center. The staff recommends that the city council pass this resolution ~- and set the assessment hearing for March 22, 1982. ;~;; r~ L Respectfully submitted, ~~ ~ r.i~_cc_ ~ __ . , .~ Karl Nollenberger City Manager KN/sh - cc: Community Development Director City Engineer City Clerk Finance Coordinator RESOLUTION NO. RESOLUTION DECLARING COST AND SETTING ASSESSMENT HEARING FOR C.P. 768 ALDRICH AVENUE CUL-DE-SAC CONSTRUCTION WHEREAS, costs have been determined for the reconstruction of the Aldrich Avenue Cul-de-sac and the contract price for such an improvement is $11,514.58 and the expenses incurred in making such improvement amount to $1,416.12 so that the total cost of the improvement will be $12,930.70, NOW THEREFORE, be it resolved by the City Council of Richfield, Minnesota: 1. That the total cost of such improvement will be assessed against the Lyndale Garden Center property owner, as negotiated by the H.R.A. in the Developer's Agreement with Lyndale Garden Center. 2. And whereas, the city engineer has prepared said assessment roll, a hearing shall be held on the 22nd of March, 1982, in the council chambers of City Hall at 7:00 P.M. to pass upon such proposed assessment and at such time and place ''~'~ -~ - all persons owning property affected by such improvement ~.-_~;, ~,,~; ,~~ . = .- will be given an opportunity to be heard with reference to ~;~ ~ ~,~ such assessment . _ . 3. The city clerk is hereby directed to cause notice of the hearing on the proposed assessment to be published once in the official newspaper at least two weeks prior to the hearing and shall state in the notice the total cost of the improvement. The clerk shall also cause mailed notice to be given to the owner of property in the assessment roll not less than two weeks prior to the hearings. Adopted by~.th~ city council of Richfield, Minnesota this 8th day of February, 1982. John Hamilton, Mayor ATTEST: • Sylvia K. Bergh, City Clerk _ _ _ __ CITY OF RICHFIELD, MINNESOTA • Office of City Manager The Honorable Mayor and Members of the City Council •-City of Richfield #/S Council Letter No. 45 Aaen~7a Fehriiarv 8. 1982 Council Members: Subject: Legislative Position Statements There are four legislative policy statements attached to this council letter for review by the city council. The legislative policies relate to issues that have been, or are, a concern to -the :..city. Each of the policies speaks for itself, but discussion at the council meeting may be appropriate to clarify any issue. ~„.. After adoption of the legislative policies, it is recommended that copies of the policies be folwur~ed to each of our three ~"`~ `'' state legislators for their support and; or action. cc : Program Directors KN/eja Respectfully submitted, ~(~~~~~~ Karl Nollenberger City Manager • LEGISLATIVE POSITION STATEMENT NO. LIMITATION OF SUPERVISORY EMPLOYEE DEFINITION The purpose of this statement is to express the City of Richfield's opposition to legislation contained in House File No. 1242 and Senate File No. 388 regarding the definition of supervisor. Current Legislation '_ Current legislation provides that labor supervisors have the authority to hire, transfer, suspend, promote, discharge, assign, reward and discipline other employees. ,~f, .. ~s•r._. Impact on the City of Richf field The City Charter of the City of Richfield puts cite authority ~,: ~ for hiring and discipline in the hands of the city manager. In "~ ~ reality, however, the decisions are made at the supervisory level except for unusual situations. This provision is a good one in that it allows, on a flexible basis, the delegation of authority ""~` '' r ~~` ~' ` where- appropriate. ~= R , House File 1242 and Senate File 388 would make the city m~n~aer the only supervisor in thn ~~tv of Richfield. This um,~i~? CaUSe significant prU;.:iic:i~~5 ivi uur laDUr relaC1U115 Ni~iyialll. The City of Richfield encourages your opposition to House File 1242 and Senate File 388. LEGISLATIVE POSITION STATEMENT • NO. INJURY-ON-DUTY LEAVE The purpose of this statement is to express the City of Richfield's support for legislation which would permit the payment of Injury-On-Duty leave to police officers and firefighters. Current Legislation ,, ,j ,, State Statute 176.021, subdivision 5, prohibits injury-on-duty leave. That law predates the Public Employees Labor Relations Act of 1971. It is clearly the intent of the Labor Relations Act that fringe benefits such as injury-on-duty leave be negotiable between the employer and the employee union. Impact on the City of Richfield In our labor contracts with our police officers and firefighters ~~•.;, we have an "injury-on-duty" clause whereby firefighters and police officers are protected in the event that they are injured on duty and do not have an accumulation of sick leave, vacation leave, or holiday leave, which ~~~`"``~"~ they can utilize while they are out on -duty related leave . ~i'he intent of the clause is to hold harmless any police officer or firefighter who has r^~ ~~ ^.f r7~ity S~ ~-h?f ~-}-i n~~ r-~n r~r"i~~n ~~i ~_~ T~:~~~ ..~i mot, i .. _ - out it being charged against their accumulation of sick leave, vacation leave or holiday leave. There is a stipulation that workers compensation will be deducted from any leave so that a double salary is not allowable. However, the attorney general recently released an opinion that the cities cannot provide injury-on-duty leave because of this state statute. It is suggested that the state statute be changed similar to Senate File 1225; introduced by Senator Vega. The city further believes that the bill should be amended to indicate that police officers and fire- fighters should not have any more take home pay while on injury-on-duty leave than they have while they are working. Workers compensation and disability payments are tax free under the federal income tax code and if full restitution up to normal salary is made, the employee is actually making in excess of individual's on the job due to the tax free status of the income. The City of Richfield encourages support of Senate File 1225 with amendments so that the good faith bargaining relationship which has de- veloped between the City of Richfield and its firefighters-and police officers can be maintained. LEGISLATIVE POSITION STATEMENT NO. • MUNICIPAL ETIPLOYEES TO SERVE AS ELECTION JUDGES The purpose of this statement is to express the City of Richfield's support for legislation which would permit city employees to serve as election judges and also allow any in- dividual working elsewhere the right to have authorized leave from his/her job for the purpose of serving as an election judge. ~.,p,, Current Legislation Current legislation provides that "no person may be a judge while he is receiving compensation as an employee or officer of the United States, the state, or any municipality or .county within the state." Impact on the City of Richfield It has become increasingly difficult to staff polling places with adequate, high-quality election judges. Allowing municipal employees to serve as election judges would hefip ensure ~,~~~ ~~ adequate staffing at polling places. By .allowing individuals working elsewhere the right to have authorized leave (perhaps on the same basis as jury duty) would also increase the number of individuals available for election judge duty. LEGISLATIVE POSITION STATEI~1ErdT . NO. DRAM SHOP TNSURANCE - ELIMINATION OF LIP~ZITATIONS The purpose of this statement is to express the City of Richfield's opposition to House File 1642 regarding changes in the provisions for Dram Shop Insurance. Current Legislation ~~ Currently the law reads that no recovery shall be had in any action or actions pursuant to this section in excess of $250,000 for all damages to one person and $500,000 for all damages to two or more persons arising out of a single instance of the illegal sale or barter of intoxicating liquor." The current statute also provides that notice to a municipal- ity that a suit will be brought must be served within 120 days after an injury occurs. and that the suit will be filed within one year. Impact on the City of Richfield House File No. 1642 provides that the no monetary limitations ~a ~~~.~-'_ on liability would be implemented in the state statutes. There is no doubt that that .would have an impact on the _insurance prom. nm that the City of Richfield mus ~ pay for its liability in- • . ~° surance. Section 6 of F-louse File No. 1642 repeals the provision of notifying a municipality of the intent to bring suit within 120 ,_ days after the injury occurs. Basically, this gives us time to investigate the matter in a timely manner in order to determine whether there is liability on our part or not. If we do not re- ceive notice for two years afterwards, it becomes impossible for. us to reconstruct the events of the day in which the occurrence supposedly happened and puts us in the position of not really being able to protect ourselves from spurious claims. Removal of this provision would have a major impact on the insurance premium that the City of Richfield must pay for its liability insurance due to the uncertainty of pending claims. The City of Richfield encourages your opposition to these provisions of House File No. 1642. i .# s CITY OF RICHFIELD, MINNESOTA Office of City Manager • Council Letter No. 44 Agenda February 8, 1982 The Honorable Mayor and Members of the City Council City of Richfield Council Members: Subject: Request for Special Use Permit, 2 West 66th Street PROPOSAL Mr. James D. Gallup, representing Godfather's Pizza of Minnesota, has submitted a request for a special use permit to allow a restaurant at 2 West 66th Street. The property is located in the HUB Shopping Center, in the space recently vacated by Cook's Paints (on the east wing of the complex). The applicants ui~: NivNvaiiiy a i2v ~cc.i~- iC~l-dUtailL elTl~lOy~ilCj lU to l~ peljVii~ (~I7 a maximum shift. The restaurant will also include the sale of 3.2 beer and video amusement games. The proposed hours of operation are from 11:00 a.m. to 11:00 p.m. Monday through Thursday, 11:00 a.m. to 1:00 a.m. Friday and Saturday, and 12:00 noon to 11:00 p.m. on Sundays. The property is zoned "PC2" Planned General Commercial. ORDINANCE REQUIREMENTS Section 3.33, subdivision 2 of the zoning ordinance, "uses by Special Use 'Permit in the 'C-2' zone," lists restaurants. Section 3.33, subdivision 4, lists regulations relating to restaurants; and Section 3.41, subdivision 5A, lists conditions governing issuance of special use permits in an officially approved redevelopment area. STAFF FINDINGS The staff has reviewed the request and found the following: 1. That the proposal is in compliance with the conditions governing the issuance of special use permits in an officially approved redevelopment area. The proposed use and improvement would be generally consistent with the L/H/N redevelopment plan and the previously approved HUB/Penny/Summit Planned Unit Development (PUD) Plan. The HUB/Penny/Summit PUD plan does not address the specific types of uses to be included within the HUB Shopping Center itself. The PUD deals primarily with building expansions, new construction and site improvements. Changes in types of use, such as this change from a retail -_ Council Letter No. 44 -2- February 8, 1982 store to a restaurant, should be evaluated on an individual basis through the normal city review process, to ensure that the goals of the PUD plan and process are carried out. In this case, the special use permit process can be utilizied to ensure that the PUD plan goals are not jeopardized. In the opinion of the staff the proposed restaurant use does not jeopardize the goals of the PUD plan, and the proposed building improvements will help carry out the city's goals for the area. 2. That the proposal is in substantial compliance with the requlations governing restaurants. 3. That the applicants are proposing a new facade for the store front. Materials to be used include cedar siding _ _ __ and a 15.75 feet by 2 feet sign. The sign is to be white letters on a black background with "warm reds" as trim (see attached graphic). The building materials and sign design are consistent with the L/H/N design guidelines. 4. That 40 off-street parking spaces will be required. The HUB Shopping Center parking facilities have adequate space for this requirements, and thus, poses no problems. The owners of the HUB Center and Summit Bank have entered into parking agreements as part of the PUD plan approval and thus the Summit Bank parking lot is available for restaurant of the Summit Bank lot b trons also. Peak usa e y__ a - --P- -- - - - g -- -- -- - restaurant patrons should not conflict with the peak', usage by bank customers. 5. That the applicant has indicated that the video amusement games are intended for patron use only, while awaiting food order preparations. STAFF RECOMMENDATION Because. the proposal meets the criteria for the issuance of a special use permit in an officially approved redevelopment area, the staff recommends approval of this application. PLANNING COMMISSION RECOMMENDATION The Planning Commission recommends approval of this special use permit application. Respectfully submitted, -,, ,, ' ~ r ~~~~,.l..z_ t~ Karl Nollenberger City Manager KN/sh cc: Community Development Director City Planner • • • ~~~~~~~~~~~ December 28, 1981 i~ II~Z~:~ OF MINNESOTA _ INC. ~~'° To: Planning Commission "~` City of Richfield - Re: Proposed Godfather's Pizza Restaurant Hub Shopping Center 2 West 66th St. History Godfather's Pizza is a nationally franchised chain of family style pizza .~ ~>;~. restaurants. The business has developed from one store in Omaha in 1974 to over 700 restaurants. The company has been the fastests growing restaurant chain in history for the last three years. Godfather's Pizza Inc., the fran- chisor, owns about 55 restaurants with the remainder franchised among 100 owners throughout the country. Godfather's Pizza is the number two pizza chain in sales doing roughly half the business of Pizza Hut with one fifth the units. Product The best reason for our success is our pizza itself. Our food costs run about 10/ above the major competition. Our customers order from our counter and pick up their food from our counter thus allowing us to give more in food costs with less labor costs. Other than our famous pizza we serve three hot sandwiches, pop, and 3.2 beer. This simple menu has been our forte. 1490 University Ave. St. Paul, Minnesota 55104 llecemoer ~:~, iyoi Planning Commission~City of Richfield Page 2 Place The majority of Godfather's Pizza restaurants are located in enclosed or strip malls. Godfather's Pizza does have an approved free-standing building which is being used more and more. The interiors are rough-sawn woods with earth tones throughout. We use lots of plants and period grafics to set a mood. Paople Each restaurant employes a manager, assistant manager, one or two super- visors, and from 10 to 20 hourly people. They are clothed in an attractive Godfather's Pizza uniform. e .~ ,.,,.,. u ,,, , ~...- Monday -Thursday 11:00 A.M. - 11:00 P.M. Friday & Saturday , 11:00 A.M. - 1:00 A.M. fj;~ , Sunday 12:00 Noon - 11:00 P.M. Our restaurants are family stores with most of our customers from 16 to 36 years of age. We do a good business with family parties. Sincerely, ~ ~ ~~ '~ ,~ ~~ Jim Gallup General Manager JG:cc :] ~ ~ 4~ .~~ _ ~ ~ ~ ti ~ Zoning 1~1ap ~- ~, Q _ ' c.~ ~ . _ .__ _ I ` ki f... .)T _•j~ ~~~ ~ ~( ',fir. -.: f ~.-~ ~ i .. I,.~.k..•. --*.r.-....,.~.--~,~ ~Q ~ ~`- k ~,+~ !~ ;~ ~ - ,~ ~ _~..,..;-~Y.. are . ,.--, ~. , ?l l a>. .e_. :L.... .1. 3` n ~;+ ~~~ g.~..; ' ~~ .< (. - . ' ~~~~~~ . , ,I : a . r~.. ~ ~ ~, N I ~' ~T ~ -, MULTIPLE RESIDENCE 4_~__„ ~;, ; ~~ I''fv~ _ `! = ~~ GENERAL COMMERCIAL '~' :~ i k LIMITED BUSINESS ' ~ r . 1 ~. ~ . ~ [[ Y -~.'1~:®.~,~~~~..::,.r.-suc.:~, ~•;+'z.~F._~,a,.....,:_ .._. ._ .~t~: .. _. ~_..~_..i.._._._ f r~°~~'. _ .~...sa.~ _ L!~__.~ y yy ~ ~~~~ ~, Jr ~; 1 ^ a ' _ _ _ ~ ~ tip. ,,,r .J i .s„zd ,, ~ ~'- •r eRal. -y Iw.7 - Y_' _ _ J 1.-- - -~ --- --- -' ~ - J. ;~ . ~ 5,~ i _ ~~ ~~ ~ _.I ,~~1, ,~^" i .~... = , I ~..;- ~ -.~:.~~ t .~t._....._...,,,..~.:_~ ~ ~s 4: ~~ .._ .. .. .__. __._ ... _.. 0 w Y ~- v d m I ~~ ~I ~~ ' ~ C I ICJ '' ~l wa ~ i , r A '~ v O e ~_ '3 '~ 4 .~; i ~~ I © ~ x a~ . ~ Q~ ~~° o ~ ~ 3 = (. g w ~11t~ f m~ N ~ ~ ~' ~ ~r 4 _. ~ L ~ - :- - 5 ~~~ 5 ~ a r 6 ~r~ ~ ,~° z: ;3s ~c x ~~ c ,~, " W S T 6 e _, i i5 "2 '^ 1 r4 i~1~~ ~3 - ----- y ~ - ^ ~ µµ 1~ -, .R ~G4- pZ '2 ~.y - - ~. . ,. ,D ~ 8 i _ ':.: ,~ :' .1 c7g~ F:.:. r ''s5-CZ 3CA ~ ~ ~ .~.... i ,3 ':.::.. ~'. ` c 4 Z> ~ ~ ~~.> . ~.~ ~~- ~i o ~' , ~s~.~ ~~ .. ~ ;,, ~o ~ I - ~ , O i ~ L ~ ' ' g ~ - + I . O ~" S i N Y~ r~ t.-i . y iz.~ 4 J ~. 5 5 ~ ` ` i 32 ? . x W Q ~~ S j Y' I ~ ~ ~~ oPsnca » ~~_~ ~ __ o a. ~ .c ~, """' .,-«~.~-~... y.. ~ _f~1 ~~~~~ O V m - --~. , ~..~ So ~ So ,F d"rs~`~ X :: k':::1.1 ~:::.'~~~' ~a~ ~ N _- `' ~ `; ~ - -_- ,i - _"'-: . (PUBLIC A SINGLE FAMILY RESIDENTIAL l~ MULTI-FAMILY RESIDENTIAL t; -= ~ COi1~1MERCIAL - G _-_-- - s I ..... '::.1 n GC ~: Office of the Principal U ,~- - -, i .._;J ? ~Jv _ January 29, 1982 Richfield Planning Commission Richfield City Hall 6700 Portland Aveo Soe Richfield, Mna 55423 Gentlemen; ACADEMY OF ~H~ HOLY ANGELS 6600 Nicollet Avenue Minneapolis, Minnesota 55423 Tr~eK,hn~,P 512-pub-A'~2 We have received information from the City of Richfield that would indicate the possibility of Godfather Pizza moving into the Hub Shopping Center. As neighbors who are vitally concerned about the growth and continued strength of our area, we applaud this exciting new venture. We feel that a strong business district is essential for our entire community, and the introduction of a restaurant on this property will benefit all of us. _ Sincerely, ~~~~~~f Michael Jo onlin MJD:lIQn Principal cc: Robert L. Dalton ~~.~ .~..'1 Y'....i .. il;.i:.7 ~t 6 CITY OF RICHFIELD, MINNESOTA Office of City Manager • Council Letter No. 43 Agenda February 8, 1982 The Honorable Mayor and Members of the City Council City of Richfield Council Members: Subject: Request for Special Use Permit, 1825 East 66th Street PROPOSAL Mr. John L. Bekter, representing Auto Brokers, has submitted a request for a special use permit to allow a used car sales lot and office at 1825 East 66th Street. The proposal indicates that there will be an inventory of approximately 30 used auto- mobiles on the property at any one time, to be sold to other used and new car dealers, as well as at retail. Mr. Bekter is also proposing to service the inventory exclusively on the site, including polishing, tune-ups, tire changes and minor repairs. 'Weekday hours of operation would be 9:00`a.m, to 7:00 p.m. during the,. winter season, and 9:00 a.m. to 9:00 p.m. the remainder of the year. Saturday hours would be 9:00 a.m. to 5:00 p.m., and there would be no Sunday hours of operation. Mr. Bekter further indicates that no extensively damaged cars of junk cars would be kept on the site. The property is zoned "C-2" general commercial. PROPERTY HISTORY in July, 1967, the city council approved a special use permit which allowed a gasoline service station use for the site. It has remained as such, until the property was recently vacated and put up for sale. The City of Richfield subsequently acquired the property and now is desirous of leasing it. The lease would be for a maximum of two years and could be terminated with 120 days notice. During this lease period, the city will be studying development alternatives for the property. Leasing of the property will result in a reduction of public expenditures, as the lease will cover the city's costs of holding the property until it can be developed. Council Letter No. 43 -2- February 8, 1982 ORDINANCE REQUIREMENTS Section 3.33, subdivision 2, paragraph 4 of the zoning ordinance indicates that car sales are permitted in the "C-2" general commercial district upon procurement of a special use permit. Section 3.33, subdivision 3, lists requirements for car sales lots, and Section 3.41, sundivision 5, lists criteria for granting of special use permits. STAFF FINDINGS The staff has reviewed the proposal and found the following: 1. That the proposal meets all of the regulations relating to car sales lots; 2. That the previous use of property included minor repair of automobiles and, thus, the proposal should not create any significant negative impacts; 3. That the proposed 30 used cars on the property would probably have the most impact on the adjacent landowners. However, the lot contains 21,500 square feet and can adequately absorb the placement of 30 cars on the site; 4. That no new construction is being proposed. The existing structure will be used for servicing the inventory and office space; 5. That no additional signage is proposed. The applicant has indicated that the existing signage will be utilil-ized; 6. That the proposal is in substantial compliance with the conditions governing the issuance of special use permits. STAFF RECOMMENDATION Because the proposal should not pose any additional negative impacts over those presented by the previous use, and since the proposal is in substantial compliance with the regulations relating to car sales lots and meets the criteria for issuance of a special use permit, the staff recommends approval of this application. PLANNING C01~1MISSION RECOMMENDATION The Planning Commission recommends approval of this special use permit application. Respectfully submitted, Karl Nollenberger City Manager KN/sh cc: Community Development Director City Planner • 51305 Wooddale Ave. So. Edina, PZn. 55424 December 1G, 1981 City of Richfield 6700 Portland Ave. So. Richfield, Mn. 55423 Gentlemen: Concerning the Special Use Permit for the corner of 66th Street and Cedar Avenue South, formerly a three- bay Skelly Service Station. We propose to use it as a used car sales lot, office, etc. We stock approximately 30 cars at a time -- all current or preceeding models, the majority of which are sold to other new car dealers.. The service area will be used for polishing, tuning, tire changing, and minor repairs -- the same as it has been previously used when it was a service station. These procedures will be done only on our own cars. Our business hours will be 9:00 A.M. to 7:00 P.D4. in the winter, 9:00 A.M. to 9:00 P.b~I. in the summer, Saturdays from 9:00 A.M. to 5:00 P.M. and closed on Sundays. There will be no signs erected other than those already existing, on which we will change trie lettering. At no time will there be extensively damaged cars or cars with missing parts parked there or older junk type cars, as we do not handle such cars. Yours very truly, AUTO EROKERS -tom ~ ,~ •~~~ ~~ Joizn L. Betker Owner City of Shakopee P®LICE ~EPA~tT1b~EATT 476 South Gorman Street SHAKOPEE, MINNESOTA 55379 Tel. 445.6666 December 17, 1981 City Officials City of Richfield Richfield, Minnesota • Jack Becker, owner/operator of Auto Brokers, Inc., has run a used car business in Shakopee for the past three years. In that time there has been no police action or complaints from citizens in reference to his used car business. He is kno~-m to myself and other police officers as an honest businessman and of high moral character. I would think his running a business in Richfield would be an asset to your community. Sincerel ,. ~' ~. r ~,-~y,' Join 3. ~DuB~i~s~/ -_~ -~- DEFUTY CFIIEF OF POLICE ~~ JJD:dmh j `_. / ~o esezve ~o ~zoEecE ~- -- o k, ~ _-= LA~® USA ~-~ ~., 11;14 -,~ 1 8 9 ~~ ~-~ 8 9 < r ~ :-f ~--- L' -i ^ 's 12 13 ^ -'~ - ,~ 1 ~; I ~ 1 Lly ~ ~ 'h 1~ 1 2 Im ~~~ J ~. ~ ~3 ~ . - ~, ~ 4 ~ :y 1 t5 ^ ~° ~ __~ i • f~-; I 12 -~ c ~ ~ m _ ~ i' ~ ~ ~ e t~ - N ~__ ti ~i W U .'Offices I f-=i :~~ ~~ ~S~ngle family ~~ ~ I H~a1~Fi 1 I ~ P ~..,.,...~, ~ 'Cycle ; Shop -- - ~; I. _ r1 .-_~ < i~ treet ~~` ~'^s 222 ~ _~a , ^ ~' 3 ~ 2-~i F ~ ~ r~ , . 4 2~ -~ 2 , ~ _ ~ z~ G I .3 ~, zc s f 1 1: oI Nom' 13I~ __.. ^ Single ; __ 0.- N ~;Family~- Gl ousGn~~- __ ~ o ~ :0 116 ~~ m n ~•J `I I ~ U 98 ~; ~I 3 I _ ^ ~- ^ a n^ 152 ~ ~ ~ ., I ~ 1 W - _ - ~' I ~~ ~~ w ~`-~ i ~ ^ ~ ~ , Q ® GENERAL COMMERCIAL O ~ ~ SINGLE FAMILY RESIDENTIAL (] h ® MULTIPLE FAMILY RESIDENTIAL '.' V ^~ ~ GENERAL INDUSTRIAL ~~ n j ~~ •r L i 1/ ~ , _ '~ I I { ~I ~/ ~/...__ 6 6th X13 CITY OF RICHFIELD, MINNESOTA Office of City Manager _.. _ __ __ _ Council Letter No. 42 Agenda February 8, 1982 The Honorable mayor and Members of the City Council City of Richfield Council Members: Subject: Setting Date of Hearing for Special Assessment Projects At the January 25, 1982 city council meeting, the council adopted resolutions declaring the costs and ordering preparation of assessment rolls for the following city projects: C.P. 734 - Alley Paving C.P. 727 - Sidewalk Construction C.P. 761 - Street Lighting The assessment rolls have now been prepared. The staff recommends that the council adopt the attached resolution, setting the date of the assessment hearings on these projects for the March 22, 1982 city council meeting. The council also. __._ needs to adopt a policy for assessment of_ Wooddale Baptist,Church. for the alley behind the church property a7d the residential _church-owned property between Nicollet and First Avenues, 71st Street to 72nd Street. It'is the recommendation of the staff that the church property be assessed at the commercial rate. Respectfully submitted, Karl Nollenberger City Manager KN/sh cc: Community Development Director City Engineer City Clerk Finance Coordinator RESOLUTION NO. RESOLUTION FOR HEARING ON PROPOSED ASSESSMENT FOR C.P. 734 - ALLEY PAVING PROJECT WHEREAS, the city engineer has prepared the proposed assessment roll for the cost of improving the following alleys by concrete paving: Between From To 3rd and Clinton Avenue 73rd Street 74th Street Lyndale and Aldrich Avenues 75th Street 76th Street First and Stevens Avenue 71st Street 72nd Street Garfield and Harriet Avenues 73rd Street 305 ft. south 2nd and 3rd Avenues 71st Street 73rd Street Oliver and Newton Avenue 63rd Street 470 ft. south 65th and 66th Streets 22nd Avenue Standish Avenue 65th and 66th Streets ls~iz avenue 14th Avenue Washburn and Xerxes Avenue 66th Street 67th Street Clinton and 3rd Avenue 66th Street 67th Street Stevens and 2nd Avenue 71st Street 72nd Street Nicollet and First Avenue 71st Street 72nd Street Queen and Russell Avenue 68th Street 69th Street Stevens and 2nd Avenue 72nd Street 73rd Street First and Stevens Avenue 72nd Street 73rd Street *~ gs, ~tLi .~ . ... , y~. ' . Y a "NOW THEREFORE, be it resol ved by the City Council of Richfield, Minnesota: . • 1. A hearing shall be held on the 22 nd day of March, 1982, in the council chambers of city h all at 7:00 P.M_ to pass upon such proposed assessment and at such time and p lace alJ_ persons owning property affected by such improvement will be given an opportunity to be heard in reference t o such assessmen t. 2. The city clerk is hereby directed to cause notice of the hearing on the proposed assessment to be published once in the official newspaper at least two weeks prior to the hearing, and shall state in the notice the total cost of the improvement. The city clerk shall also cause mailed notice to be given to the owner of each parcel described in the assessment roll not less than two weeks prior to the hearings. Adopted by the council this 8th day of February, 1982. John Hamilton, Mayor ATTEST: Sylvia K. Bergh, City Clerk RESOLUTION NO. RESOLUTION FOR HEARING ON PROPOSED ASSESSMENT FOR C.P. 761 - STREET LIGHTING PROJECT WHEREAS, the city engineer has prepared the proposed assessment roll for the cost of installation of the following street lights: Penn Avenue South from C.S.A.H. 62 to I-494; Nicollet Avenue South from C.S.A.H. 62 to 64th Street, and from 67th Street to I-494; ~~~ ~;., Portland Avenue South from C.S.A.H. 62 to I-494 *'` "` Miscellaneous NOW THEREFORE, be it resolved by the .City Council of Richfield, Minnesota: `~'~"``' ~1 . A hearing shall be held on the 22nd day of March , 1982 , in the ' '" ' council chambers of city hall at 7:00 P.M. to pass upon such `;~" ' proposed assessment and at such time and place all persons .. -- ------ -~"_ ,rt_..~,.,~ ~ i... ,., ,-.~ "- ~..,.~.. .ill uc yivcll an be heard opportunity to in ref erence-to such assessment. • 2. The city clerk is hereby directed to cause notice of the hearing on the proposed assessment to be published once in the official newspaper a t least two weeks prior to the hearing, and shall state in the notice the total cost of the improvement. The ci ty clerk shall also cause mailed notice to be given to the owner of each parcel described in the assessment roll not less than two weeks prior to the hearings. Adopted by tie council this 8th day of February, 1982. John Hamilton, Mayor ATTEST: • Sylvia K. Bergh, City Clerk RESOLUTION NO. RESOLUTION FOR HEARING ON PROPOSED ASSESSMENT FOR C.P. 727 - SIDEWALK PROJECT WHEREAS, the city engineer has prepared the proposed assessment roll for the cost of construction of the following sidewalks: 76th Street - MSAS No. 361 Penn Avenue - CMSAS No. 502 Nicollet Avenue - CMSAS No. 503 - 66th Street - CSAS No. 505 Nicollet Park and 67th and Harriet NOW THEREFORE, BE IT RESOLVED bythe City Council of Richfield, Minnesota: 1. A hearing shall be held on the 22nd day of March, 1982, in the '~~~~ ~ council chambers of city hall at 7:00 P.M. 'to pass upon such proposed assessment and at such time and place all persons - owning property affected by such improvement will be given an - ~^''" `'opportunity to be heard in reference to such assessment . 2. The city clerk is hereby directed to cause notice of the hearing on the proposed assessment to be published once in the official newspaper at least two weeks prior to the hearing, and shall state in the notice the total cost of the improve- ment. The city clerk shall also cause mailed notice to be given to the owner of each parcel described in the assessment roll not less than two weeks prior to the hearings. Adopted by the council this 8th day of February, 1982. John Hamilton, Mayor ATTEST: Sylvia K. Bergh, City Clerk February 8, 1982 Honorable Mayor John Hamilton and Members of the Richfield City Council Richfield City Hall 6700 Portland Avenue Richfield, MN 55423 Dear Mayor Hamilton and Council, We received notice from the Richfield City Manager advising Wooddale Baptist Church of the pending decisions on alley assessment. When the Wooddale Church received permission to build its present sanctuary, the Richfield City Council instructed the Church to purchase property for parking purposes. The Church bought property and has been thwarted in three attempts to build a parking lot. We request that the homes owned by the Church be assessed on the same basis as the other single family residential homes in the block, for the following reasons: 1. The homes are single family homes. 2. They are assessed and taxed as single family residential homes. 3. They are in a single family residential zone and there is no special use permit allowinr, them to be used for any other purpose but for sincle family livinc. 4. The hor.;es were not purchased for investment purposes. 5. The neichbors have rejected and stopped the Church's efforts to do anything with the homes but to use them as single family residential homes. 6. The Church recently purchased a new site location in Eden Prairie and will be relocating to that site. 7. In the near future, the Church will be putting the homes on the market to be sold for single family residential purposes. we trust that the Richfield City Council will assess the homes owned by the Church at the same rate as the other single family residential homes in the block and request that you dive this consideration and favorable action. Sincerely, - ~~ ` ~ `~~~ % ~-, :' ~' C~----z-~~ %'~_ Lam' ~" _ ,•layr:ard Frost, Chairman Board of Trustees Wooddale Baptist Church _. _ 1 t~ith C'. ~nc?t=~r~~n. P~~tit;~T' _.~ ~# 4 CITY OF RICHFIELD, MINNESOTA Office of City Manager Council Letter No. 41 Agenda February 8, 1982 The Honorable Mayor and Members of the City Council City of Richfield Council Members: Subject: Consi::.:~uti;,~. of Application for 1982 Business License, Tip-Top Car Wash At the 3anuary 25, 1982 council meeting, the Public Safety D~,rector presented a status report regarding litigation involving the 1981 business license of the Tip-Top Car Wash, located at 6601 Bloomington Avenue South. Following that discussion, the council agreed to consider the application for a 1982 business license, on a conditional basis, for operation of this establish- .. _ ment. The Public Safety Director and the Assistant City Attorney have considered the issues which still apear to be creating problems. These issues have been identified and could be con- sidered as items to be specifically stipulated for correction in a conditional 1982 business license. A formal hearing on the applicant's request for a 1982 business license has been scheduled for the February 8, 1982 city council meeting. The neighbors in the area immediately surrounding the car wash have been notified that this matter is coming before the council and have been informed of the conditions which the staff feels should reasonably be included in_any conditional license which might be issued to the applicant. A copy of the letter sent to the residents is attached. Also attached is a proposed resolution developed by the Assistant City Attorney and the Public Safety Director. This resolution outlines the conditions which are rec- ommended to be placed upon any 1982 business license issued to Tip-Top Car Wash. If the council, following the hearing on this matter, decides to grant the requested 1982 business license, it is recommended that these conditions be made a part of such licensure. The applicant and his attorney have been notified that this matter is scheduled for hearing before the council on February 8, 1982. Additionally, the Public Safety Director will be in attendance to respond to any questions the council may have regarding this issue. Respectfully submitted, '~/i ~,~ ~ ~~~ ,~.~c~ ~~ Karl Nollenberger City Manager cc: Public Safety Director City Attorney City Clerk LAw OF FILES ~'LA~'~~IN I.E.FE`E. F;k ~c:70 ERT P, iEF LER :. C`ENNIS O'O R:EN JJHN E. ORAV/Z C?AJID J Kk. `+NED~ ~~N B. DEAN :. ~_E.NN E. P~JR D:JE CL r:4RLE'.S L. LEFE \'CRE: i-1l REVERT F: LEG;.ER, III Jt ~F REY .~. GTRAND J 4MF.S P OEM EA RA MARY J. BJORK'..V ND JC: r+N G. KRE SSEL OAY:E !J CLAN CI%;DY L.LA~DR.S~D ~tl: MHEL A. N::, .I L~.KE R. KOMAP../<. -IDAN N'. ERI(_;K rte. c: _'LOE ETH D. M'~R.cN LtFE'dF..RE, L'c.rLt=F2, KENNEC~Y, O'E3l~IEfJ & DF2AWZ ., t.t"ll k~'='. '(~N:~L AS SOC'iA'!if/N EROOKLYN CENTER OFFICE J C; :: ~J if: ~~'~T BAFJ 't PLACL Wt`_iT 103 BROOKLYN LAW CENTER tit! ~J N EAPpt_I S, MINNESOTA 55402 5637 BROOKLYN BOULEVARD BRGOKL'/N CENTER, MINNESOTA 55429 TE LE PHONF iE:l2': 3.33 OS43 (612)536-6037 February 2, 1982 A/lr. Richard H, Speeter. Attorney at Law 2100 lst National Bank Bldg. Minneapolis, MN 55402 Re : J & T Illve;t:~er~t _Company - Tip Tnp Car Wash Dear Dick: RIUTARD J. SCHIEF FER z have re~;riewed your letter of yesterday and discussed it ~,rith Director Morgan. On the basis of that discussion, we have the following reaction; 1. Gvriile we are sympathetic to your client's concern relat- ing to the vacuum cleaners, we believe that the operation should be closed .in such a manner that no one would have any reason to be there after 11:00 p.m. Because there has been at least cne complaint irwolving vacuum cleaner noise after hours, we do not belie-ve the requirement: is unreascnable. 2. The location which you suggest f_or the durnpster enclosure is acceptable and we are making that modification in the resolution. 3. The striping of the parking lot does create concerns from. our_ l~tandpoi.r.t as well. I suggest that we leave the resolu- tion ii: its present form and then meet and try to resolve this issue after the Council acts. 4. We understand your position concerning the criteria of reasonableness. 5. Your understanding with regard to remodeling of the establishment is correct. Thank you for y~-ur prompt review of the resolution. Respectfully yours, r ~~-- i~ John B. Dean ,: ,t ,, / -~-t JB v ; .r.l, cl~ . T. Ml:~rgali _. a LsPI:F.TER, ~TOHNSUN, HAUTMAN & OLSON ATTORNEYS AT LAW 210 FIRST BANK PLACE WEST s MINNEAPOLIS, MINNESOTA 66402 (612) 339-7666 ROBERT L. SF'EE1"E":R V(NC ENT E J:~HNSUN JOSEPH W. S-+AUTMAN CHARLES E. OLSO:'V 3 February 1982 ~1r John Dean Attor~ncy at i_aw 201)0 First Bank Fl ac~~° h'es t f1ir;neapolis, i~1fV ii54U2 Re: J ~ L Ir+vestrn~ant Company/City of Richfield Dear John, RICHARf~ H. SPEETER CHERYL SPEETER MAR:iOLES PATRICK V. JOHNSON I have Discussed ~rrith Dave Colehour the contents of your February 2, 19'2 lett~.r. As I indicated by phone, my client will accept and abide . is;y tide Ci ty's position as stated in that letter, Mr ~:;oienour has agreed to place the dumpster along the easterly property line, at a point approximately 3U feet north of th~~ southeast corner thereof. This point is presently a grassy area, and Mr Colehour states that this gr°assy area extends approximately 30 fee. from the property line I.vestward toward the asphalt area. In other wt~rds, Mr Colehour will hUve to asphalt a strip of land for approximately 30 feet to per- mit acr_ess to and from the dumpster. In addition, he wi71 have to erect the ce;nent base for the dumpster over the as;~hait, and then en- close the dumpster. lie feels it will be difficult for this construction to take place during the winter months, and theref~~re requests that he be given until Play 1, 1932, to complete this construction. If weather permits, he will complete this prior to May 1, and there is, of course, always a possibility that weather would delay this construction until shorly after May 1 , 1982. f-'lease rrwiew this with the City and contact~ne-~~OUr conv~ience. Uer,~ t~~tly yours et 'r _. • SPF.ETEIt, ejOHNSON, HAUTMAN tQt OLSON • ATTORNEYS AT LAW 2100 F1R.9T AA.~IK PLACE WEST MNNEAPOLIS, MINNESOTA 5b402 (612) 33y-7666 ROBERT L. SPEETER VINCENT E. JOHNSON JOSEPH W. HAUTMAN GHARLESE.OLSON 1 February 1~°2 Mr Luke Komarek Attorney at Law 2000 First Bank Place West Minneapolis, t~1N 5542 Re: J & L Investment Company/City of Richfield Dear Mr Komarek: RICHARD H. SPEETER CF?ERYL SPEETER MARGOLES PATRICK V. JOHNSON I have discussed the contents of the proposed Resolution and the pro- • posed letter dated January 28, 1982 to the car wash neighbors. Both docurrrents are satisfactory to i~r Colehour, subject to the following comments: 1. Condition No. 3. At the ,resent time, automatic shutoffs have been installed to shut off lights and the pumps for the washing apparatus. There are no shutoffs installed with respect to the vacuum cleaners. My client will install such additional shutoffs if necessary, but this will entail an additional ,300 - 5400 ex- pense. We are not aware of any complaints of anyone using the vacuum cleaners after 11:0:) pm, and would prefer that any require- ment of installing shutoffs for the vacuum cleaners be deleted. 2. Condition No. 6. Mr Colehour will relocate tree trash dumpsters, and enclose them as required by ordinance u~?thin 30 days. Ne pro- poses to relocate the dumpsters along the easterly line of his property, approximately 30 feet north of tide southeast corner thereof. This would locate the dumpsters morE~ than 50 feet from any residence, but would only be approximately 30 feet from the closest residential property. If }ie were to locate the dumpster 50 feet from the southeast corner of his lot, the dumps ter ~~~~ould be located in a q!illey, and would be impossible to mainiain. 3. Condition No. 8. If necessary, Mr Colehour will stripe the lot as requested, and would in fact providing striping as set forth in the Special Use !'~rmit granted in 1965. There is, of course, the possibility that ~~eather conditions will prevent striping prior to May 1, 1982, and P•1r Colehour will make all reasonable efforts to complete striping by that date. ~~1r Luke Komarek 1 February 1982 Page 2 Mr Colehour is of the opinion that people may be confused if striping for 40 autornobiles is provided, and teat a more efficient and less confusing method might be simply to stripe the traffic lanes. 4. It is our opinion that all conditions are subject to a criteria of reasonableness. This would particularly apply with respect to condi- tions 2, 4 and 7. 5. It is my understanding that the City is not requiring that any re- modeling be in fact done; only that if remodeling plans are under- taken, the City be notified of progress at least every three months. Please review our concerns as expressed in this correspondence with the City, and contact me as soon as possible. Very truly yours, • Y, ~' ~ ~ Richa-r ~..peeter Pdz - ~ . January 28, 1982 N . ®~ ..: i ~~- ~' ~ti. ®1 s i .~ V M .~ ^ - O On February 8, 1982, the Richfield City Council will consider renewal of the car wash business license for the Tip-Top Car Wash. During the past six weeks members of the city staff have met with several property owners near the car wash, as well as owners of the oar wash and it's attorney, in an effort to attempt to resolve the circumstances which have led to problems in the past. As a result of these meetings, ten points have been agreed upon which we believe will help to alleviate concerns which you and other neighbors have expressed concerning the operation of the car wash. These ten points are as follows: 1. The business activity must comply with the re- quirements of all applicable ordinances. 2.' Change machines must be adequate in number and serviced frequently so as to minimize inconven- ience to surrounding businesses caused by Car wash patrons seeking change. 3. Automatic shutoffs must be installed to shut off lights vacuum cleaners and washing apparatus at 11:00 p.m., daily to prevent individuals from being able to use the car wash past that time. 4. The premises must be kept in a clean condition free of litter, trash and refuse. 5. Covered refuse containers must be provided in sufficient numbers to handle the volume of refuse generated. • telephone: 869-7521 (6l 2) an equal opportunity employer 1 r January 28, 1.982 Page Two • 6. Tlie trash dumpsters located on the premises must be relocated so as not to be within fifty (50) feet of residential property and must, within thirty (30) days of the date of the issuance of this license, be enclosed as required by ordinance and kept. in such enclosure. 7. Trash dumpsters and other refuse containers must be emptied as often as necessary to prevent overflowing. 8. Prior to May 1, 1982, stripes must be painted on the waiting area to the car wash bays to allow for forty (40) automobiles waiting to be washed to be contained in that area. • 9. The licensee must notify the city as least every three (3) months, beginning April 1, 1982, concerning its progress toward remodeling the facility. 10. The applicant must acknowledge in writing that the license is granted subject to the controls contained herein and that it understands and agrees to comply with each such control. The applicant further must acknow- ledge in writing that failure to comply with any such control may result in action by the city to suspend or revoke its license. The 1982 license will not be issued until the acknowledgements contained herein are made. You are welcome to attend the hearing on February 8, 1982, at 7:00 p.m., at the city hall 'in the council chambers. Please feel free to call me before the hearing it you have any comments regarding the above ten points which would be made a part of any conditional license issued, or if you have any other concerns. Si.rcerely, Thomas A. Morgan, Jr. Director of Public Safety 1'AM/1 j ,; RESOhU~I'ION NO ~J RESOLUTION GRANTING BUSINESS LICENSE `I'O J&L INVESTMENT COI~^PANY WHEREAS, the city council of the City of Richfield, Minnesota, met in a regular session in the council chambers of the city hall on Mond a}~, February 8, 1982, at 7:00 p.m. Pursuant to established procedures and notifications, the council conducted a hearing with regard to the 1982 business license renewal application by J&L Invest- ment Company for the Tip-Top Car Wash, located at 6601 Bloomington Avenue South, in the City of Richfield. Appearing on behalf of the city in this matter was Thomas A. Morgan, Jr., Director of Public Safety for the City of Richfield. Appearing on behalf of the applicant i.n this matter was Mr. Richard H. Speeter., Mr. David S. Colehour it's President, and WHEREAS, testimony F~resented by the Public Safety Director with regard to the license renE~wal application indicated that some concerns have developed during the 1980 and 1981 business years. These concerns indicate a non-compliance with certain city ordinance requirements re- lating to the applicants business activity. Additionally, the city council expressed a concern which had been raised by some residents relating to the inconvenience created by a lack of adequate change machines, a continuing problem with refuse on the premises and in the neighborhood, and a traffic congestion and noise problem related to the business activity, and WHEREAS, testimony provided by both Mr. Sr~eeter and Mr. Colehour i.rdicated the recognition of the concerns raised by the Department of 1?ublic Sufctl,~. Both i-rdi~~i.duals indicated that the problems which re- sulted in the concerns expressed by the Department of Public Safety were matters which were readily correctable. Mr. Colehour testified that whatever actipn would be required to correct the concerns which have been raised as a part of the license renewal hearing would receive inunediate attention and that he would, as the owner of the business establishment, accept and agree to be bound by license which would be terminated if these matters were not promptly and permanently corrected, NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield that applicant is hereby granted the 1982 business license requested. Such license will remain in effect for the license period, or until such time as the licensee shall fail, after ten (10) days written notice, to comply with any of the following conditions: 1. Tllc; business activity must comply with the requirements of all app.Licable ordinances. 2. Change machi.n~s must be adequate in number and serviced fr.c~quently so as to minimize inconvenience to surrounding businesses ca~.zsed by car wash patrons seeking change. 3. Automatic si?utoff_s must be installed to shut off lights, vacuum cleaners and washing apparatu:~ at 11:00 p.m., r~aily to E,~r~~•ve~nt .individuals from be~nc~ able to use the car. wash past !.I~a t ti.?ne . 4 . 'I'1ic~ ~~re~?~i sc~s must be k~~F~t i-n a clean condition free of litter, tra:~h and refs-use. 5. Covered refuse containers must be pr~~vided in sufficient nun~l~ers to handle the volume of refuge generated. 6. Thc~ trash ci~.?m~~st~:rs located on the premises must be re- located so as not to be within thirty (30)feet of residen- tial property and must, wi,t~n th~ty ~ days-o f_ the date ~,~'S' ~f--th-o---is ..uanc~_ of this license, be enclosed as required 'C~ ~ ~ by ordinaricc~ and kept. in such enclosure. ~ _. ~~;:;`~~ 7. Trash dumb>sters and other refuse containers must be emptied as often as necessary to prevent overflowing. ~J 8. Prior to May 1, 1982, stripes must be painted on the waiting area to the caY- wash bays to allow for forty (40) automo- biles waiting to be washed to be contained in that area. 9. 'rhe licensee must notify the city at least every three (3) months, beginning April 1, 1982, concerning its progress towards remodeling the facility. 10. Acknowledge acceptance of this conditional license by an Agreement sic{ned by the applicant, accepting the license on the basis of the stipulations hereto set forth and agreeing to be bound thereto. Passed by the C.i.ty Council of the City of Richfield, Minnesota this 8th day of hebruary 1982. MAYOR ATTEST: CI~f'Y C1,1?1~R