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11-23-81 agenda~u~~v' CITY OF RICHFIELD, MINNESOTA Office of City Manager Council Letter No. 413 Agenda November 23, 1981 The Honorable Mayor and Members of the City City of Richf ie ld Council Members: Subject Council Purchases in Excess of $1,000 Chapter 6, Section 6.05 of the city charter stipulates that the city council must approve the purchase of materials, merchand- ise, equipment or construction when the amount exceeds $1,000. There are three such items on the council agenda of November 23, 1981 . Utility Billinq Envelopes It is necessary to order envelopes for the city's water and sewer utility billings. Two types of envelopes must be ordered: mailing envelopes and return envelopes. Three quotations for each size envelope were received: Curtis 1000 - $8.85/100M for return envelopes, and $13.97/100M mailing envelopes; Lakeland Envelope Co., $9.16/100M return envelopes and $13.56/100M mailing envelopes; and Tension Envelope Co. $7.82/100M.return envelopes and $10.45/100M mailing envelopes. It is recommended that the city council approve the purchase of 100,000 of each size envelope from Tension Envelope Co. for a total amount of $1,847.00, which includes a $20 preparation charge. Tyndale Avenue CP 7052-Repair Broken Electrical Conduit in order to complete the lighting system on Lyndale Avenue in the L/H/N, electrical wiring must be threaded through conduit which was placed on that portion of Lyndale Avenue when it was con- structed in 1979 and 1980. The conduit is plugged at an apparant break in the conduit. The work is under warranty, and the cost of repairs will be billed to Victor Carlson Construction Co. In order to get the work done in a timely fashion, the city is request- ing the present contractor on Lyndale Avenue, PCI Construction Co. to do the repair work. Victor Carlson Construction Co. has been made aware of this situation. It is recommended that the city council authorize the expend- . iture Of an estimated $2,000 to PCI Construction Company to repair this conduit. Council Letter No. Patchilig of Parkin 413 -2- November 23, 1931 Lots - Trestman Music and Ahlquist Properties Two parking lots abutting Lyndale Avenue project CP 7052, have been completely surrounded by sidewalk ~~nd other improvements. In order to match in these sidewalks to i,he city project work, it is necessary to do extensive patching. The two parking lots are located in front of the Trestman and Ahlquist properties. Both Ahlquist and Trestman agree that once the city has completed all the patchwork, there would be relatively small areas that would need to be overlaid in order to completely refurbish the parking lot. Both property owners have asked the city to overlay the re- maining portion of these parking lots. They have signed an agree- ment which requests the city to do the work and to specially assess their property. The Trestman property would be assessed $1,000 and the Ahlquist property would be assessed $1,500 for the work performed. The patchwork on the Ahlquist property will cost approx- imately $3,500 (CP 7052), of which Mr. Ahlquist will pay $1,500. There is a drainage problem on the Trestman lot. Therefore, of the $2,700 in overlay work, the city will responsible for about $1,600 of the cost, and Mr. Trestman will pay $1,000. Allied Blacktop, subcontractor for the Lyndale Avenue project quoted $46 a ton to do the work, and Bituminous Roadways quoted $38 per ton. It is recommended that the city council authorize Bituminous Roadways to do the described work for an approximate cost of $6,200. Respectfully submitted, k~~ ~ r~ ~, ~C, ~~ ~.~~ Karl Nollenberger City Manager KN/eja cc: Community Development Director City Engineer Finance Coordinator • ~" / 7:-t CITY OF RICHFIELD, MINNESOTA Office of City Manager i Council Letter No. 412 Age}~da November 23, 1981 The Honorable Mayor and Members of the City Council City of Richfield Council Members: Subject: Dates of Hearing for Renewal of On-Sale Liquor Licenses The municipal code requires that the city council set the date for a hearing on applications for renewal of on-sale liquor licenses. Notice of any hearing dates must be published in the official newspaper at least ten days in advance of such a hearing. It is recommended that a public hearing be scheduled for the December 28, 1981 city council meeting to consider the re- newal of on-sale and Sunday liquor licenses for the Ground Round Restaurant, the Godfather, Inc., and the Consol Corpora- , tion, dba Maximillans and Chi Chi`s. Respectfully submitted, ~) Karl Nollenberger City Manager cc: Public Safety Director City Clerk KN/eja • ~$ /lo • CITY OF RICHFIELD, MINNESOTA Office of City Manager Council Letter No. 411 Agenda November 23, 1981 r The Honorable Mayor and Members of the City Council City of Richfield Council Members: Subject: L/H/N Pedestrian Element • One of the problems identified in the L/H/N area before the re- development project began was the lack of clearly defined pedes- trian circulation ways in the area. Sidewalks and clearly marked crosswalks were for the most part non-existent. In many instances, this lack of definition between auto circulation and pedestrian circulation created hazardous walking conditions and discouraged walk-in trade. The area also lacked other pedestrian amentities such as street furniture, landscaping, public telephones and bus shelters. A number of goals and objectives included in the L/H/N redevelop- ment plan were established to deal with this, including the follow- ing 1. Promote strengthening of the strongest existing retail areas within the L/H/N area by providing convenient and attractive pedestrian ways from parking lots to the re- tail shops, and by relating new development to the strong commercial area in such a way that the pedestrian flow from the new to the existing retail is encouraged to the maximum extent; 2. Provide convenient access to commercial areas for consumers who prefer not to drive, by developing safe pedestrian walk- ways to interface with commercial areas and by providing for bicycle parking in key locations; 3. Establish a "Design Framework" for the public rights-of- way to assist in promoting the new image of the L/II/N area including an integrated street signing, lighting, furniture, and planting program to "humanize" the area; 4. Reduce the level L/H/N area and to estrian ways; of noise and air borne pollutants in the encourage environmentally-protected ped- Council Letter No. 411 -2- November 23, 1981 5. Utilize the transit services already available to the L/H/N area to the maximum extent feasible by locating • bus shelters at strategic locations and by connecting bus shelters to key commercial areas with appropriate pedestrian ways; ,; 6. Encourage access of pedestrians by establishing a sys- tem of non-vehicle oriented arteries to the commercial areas. The redevelopment plan approved called for a number of actions to achieve the above goals and objectives: 1. Provision of pedestrian ways along all major streets, through the K-Mart site, through the HUS shopping center, around Richfield Lake and along the railroad tracks south of 66th Street; 2. Provision of defined crosswalks at major intersections, mid- block on Nicollet Avenue between 65th Street and 66th Street, across 65th Street north of the Hub Shopping Cen- ter and at the railroad crossing, across 66th Street at the railroad crossing, across Lyndale Avenue between 65th and 66th Street and across Lyndale Avenue in the vicinity of Circle Place; 3. Provision of bus shelters at strategic locations; 4. Provision of bicycle parking as part of the plan implemen- tation; 5. Implementation of the Urban Design Element Guidelines to provide for integrated street signing, lighting furniture and planting program; 6. Development of buffer zones between streets and parking areas to provide better definition between parking and pedestrian circulation; 7. Design of areas adjacent to streets as well as interior portions of the project area with an emphasis on the well being of the pedestrian. Landscaped walkways, separated from vehicular traffic whenever possible, are to be devel- oped with a variety of urban design elements including trees, fountains, benches, shelters, lights, kiosks, and bicycle racks. The city, through the L/H/N public improvement program (City Projects 705, 7052, 7053) is carrying out the actions called for by the redevelopment plan on the public rights-of-way. These actions include construction of sidewalks on both sides of major roadways (66th Street, Lyndale Avenue, Nicollet Avenue), and construction of crosswalks at the locations indicated in the plan. The city • has used bomanite and colored concrete to define pedestrian areas, and has constructed or installed pedestrian amenities including Council Letter No. 411 -3- November 23, 1981 benches, shelters, trees, lights, and a sculpture. Addition- ally, the city has, and is, working with private developers to insure that their developments respond to needs of pedestirans and are completed in accordance with the redevelopment plan. Specifically, the approved plans for the HA7b Planned Unit De- velopment include pedestrian ways between :65th and 66th Street through the property, connections between the Hub Shopping Center and the Huaser/Snyder building and the Summit Bank build- ing and sidewalks adjacent to the buildings. The K-Mart devel- opment includes sidewalks adjacent to the building which conn- ects to the sidewalk on Lyndale Avenue and a midblock pedes- trian crossing on Lyndale between 65th and 66th Street. The city has also worked with other developers including Lyndale Garden Center, Lyndale Hardware, Lake Shore Drive Condominium, and the Richfield State Agency to provide pedestrian ways be- tween their developments and the public improvements to insure safe pedestrian movement. Safe pedestrian movement has been and will continue to be an important objective of the redevelopment efforts iri the Lyndale/Flub/Nicollet area and in the city as a whole. Respectfully submitted, :~''` Karl Nollenberger City Manager cc: Community Development Director KN/eja • 1,~ • CITY OF RICHFIELD, MINNESOTA Office of City Manager Council Letter No. 410 Agenda November 23, 1981 The Honorable 1~layor and Members of the City Council City of Richfield Council Members: Subject: Developer's Agreement - Richfield State Agency There is an item on the November 23, 1981 city council agenda requesting council approval of an item which has been negotiated as part of the developer's agreement with the Richfield State Agency and the HRA, for development of the site surrounding the Richfield Bank and Trust, on the southeast corner of the Lyndale Avenue/66th Street intersection. The process of developing this site provides that the HRA and the proposed developer must negotiate a development agreement, which delineates the major responsibilities of each of the parties. On November 16, 1981, the HRA gave approval to the development agree- ment with Richfield State Agency, and requested that the city council take action to approve placing the money for acquisition of the Lyndale Avenue easements, adjacent to the project site, in an in- terest bearing account, which would be paid to the developer if con- struction of the improvements have been completed by December 31, 1985. It is recommended that the city council approve the city por- tion of the developer's agreement relating to placing this money in an interest-bearing account, to be paid to the Richfield State Agency if the project is completed by December 31, 1985. Respectfully submitted, ,J~_ ~ ~' ~ '~ _ ~~ _ ~Y ~ ~, Karl Nollenberger City Manager cc: Community Development Director Housing and Redevelopment Coordinator Finance Coordinator • hN/eja i ~ ~~ CITY OF RICHFIELD, MINNESOTA Office of City Manager Council The Honorable Mayor and Members of the City Council City of Richfield C-~- ~ ~`° Council Members: .,~ Agenda ~,~ (~ v ~- ~' .~ r4`' J C. ~' Letter No. 409 November 23, 1981 Subject: Resolution Requesting Authorization to Issue Bonds in the Amount of $2,450,000 The Richfield Housing and Redevelopment Authority at their November 16, 1981 meeting, requested the city council to issue general obligation redevelopment bonds to finance certain devel- opment activities in the Lyndale/Hub/Nicollet redevelopment area. A copy of the HRA resolution requesting the council to issue and sell such bonds is attached to this council letter. The proposed bond issue would finance the HRA's costs incurred for the Lake Shore Drive condominium project, the Lyndale Garden Center redevelopment, and other miscellaneous purposes. The major expenses are those related to the Lake Shore Drive project, and represent primarily the HRA's land assembly costs for that project. The other major category of costs to be financed by the bond issue are acquisition and relocation expenses for the properties at 709, 715 and 721 Graham Avenue, and for the garden center development. The resolution requests the city council to authorize and to sell tax increment bonds in the amount of $2,450,000. The total amount of the proposed bond sale includes issuance and discount costs, and capitalized interest as follows: Project Cost $1,876,000 Issuance Cost 26,000 Dealer Discount 48,000 Capitalized Interest 500,000 $2,450,000 The capitalized interest relates almost entirely to the Lake Shore Drive condominium project, since the garden center develop- ment is completed and will yield taxes in 1983, the first year that principal payments will be due on the bond issue. The pro- jected debt service schedule for this bond issue indicates that sufficient tax increment will be generated from these developments to meet the annual principal and interest payments, assuming a two S percent annual inflation rate. These assuiuNcions are based on a Council Letter No. 409 -2- 20-year bond issue, sold at an interest rate The city'f financial consultants, Evenson-Doi indicated that current market conditions are realistic to assume that interest rate, or a November 23, 1981 of 11.5 percent. age , Inc . have such that it is slightly lower rate. Minnesota law provides that city councils must issue tax in- crement bonds. This requirement is based on the fact that, if sufficient increment is not present to meet'the debt service ob- ligation, the full faith and credit of the city is pledged to meet those commitments. A second resolution is attached to this council letter which would provide for city council authorization to sell the bonds, as requested by the HRA. This resolution would schedule the date of the bond sale for December 16, 1981. It is proposed that the bid opening be scheduled for 11:30 a.m. that day and that a special meeting of the city council be scheduled for sometime later that day to award the bid for the bond issue. The staff is monitoring the changes in the bond market in an effort to time the sale of these bonds at the most advantageous point in the current interest rate decline, and it appears that interest rates in mid-December will be about the lowest point projected. It is recommended that the city council adopt the resolution authorizing the issuance and sale of general obligation redevelop- ments as described above. Respectfully submitted, ~_~ Karl Nollenberger City Manager cc: Director Administrative Services Director Community Development Finance Coordinator Housing and Redevelopment Coordinator HRA Commissioners KN/eja • ~~ TAX PERIOD COLLECT ENDING YEAR 02/01 L ' P'REP'ARED E+Y EVENSEN-DODGEx ING. 11/16/81 CITY OF RICHFIELD START DATEt 12/01/81 ------------ PROPOSED BOND -ISSUE --------------- FF:INCIF'AL COUPON INTEF:EST TOTAL F'8I ESTIMATED PROJECT COVERAGE INCfiEhiENT FACTOR 1982 1983 328x708.33 328x748.33_ tl) 1983 1984 20x000 11.504 281x750.00 301x754.00 48x731.00 t1) 1984 1985 25x000 11.500 279,450.00 304x450.00 308x957.00 1.025 198 5 1986 30x000 11.504 275,575.00 306x575.00 315x004.00 1.027. 1986 1987 45x000 11.500 273x125.00 318x125.00 321x000.40 1.009 1987 1988 55x000 11.500 267x950.00 322x950.00 327x000.00 1.013 1988 1989 70:000 11.500 261,625.00 331,625.00 334x000.00 1.007 1989 1990 80x000 11.500 253x575.00 .333x575.00 341x000.00 1.022 1990 1991 90x000 11.500 244x375.00 334x37.5.00 347x000.04 1.038 1991 1992 105x000 11.500 234x025.00 339x025.00 354x040.00 1.044 1992 1993 120x000 11..500 221x950.00 341x950.04 361x040.04 1.456 1993 1994 140x000 11.500' 248x150.00 348x150.Q0 369x00.0,00 1.460 1994 1995 170x000 11.500 192x054.00 362x050.00 376x000.00 1.039 1995 1.996 185,000 11.500 17?x500.00 357x500.00 384x000.00 1.074 1996 1997 210x000 11.500 151x225.00 361x225.00 391x000.00 1.082 1997 .1998 235x000 11.500 127x075.00 36'2x075.-00 399x000.00 1.102 1998 1999 270x000 11.500 100x050.00 370:050.00 407x004.00 1.100 1999 2000 300x000 11.500 69,000.00 369x000.00 415x000..00 1.125 2000 2001 300,000 11.500 34x500.00 33•Qx~00.00 424,000.00 1.268 TOTAL 2x450x000 N E I R 11.5000% HONK YEARS 34x588.3 INTEREST DUE 8/1 AND 2/1 PRINCIPAL DUE 2/1 3,977x658.33 6x427xb58.33 61222x68$.00 PROJECT COSTS ISSUANCE COSTS AVG. MATURITY 14.1. YRS. DEALER DISCOUNT CAPITALIZEt) INTEREST BOND ISSUE SIZE ASSUMES 2% ANNUAL INFLATION IN TAX INCREMENT $1,876,000 26,000 48,000 500,000 $2,450,000 CAPLTALIZED INTEREST: FROM BOND PROCEEDS $500,000 REINVESTMENT EARNINGS 82,000 .. (1) GROSS CAPITALIZED INTEREST $582,000 ,~ ..f RESOLUTIOiJ 1`10.. 185 • A RESOLUTION , DETERMINING THE NEED FOR FhNANCII3G REQUIRING THE CITY COUNG~,~IL OF TI3 CITY OF RICHFIELD TO A17THORIZE THE ISSUAPICE OF GEtJF~RAL OBLIGATIOII DEVELOPI~lEiJT BOIIDS TO FIi~IAI.ICE PUBLIC REDEVELOPMEiQT COTS IN THE LYNDALE-HUB-NICOLLET.REDEVELOP~~IED1T AREA BE IT .RESOLVED by the Housing and Redevelopment Authority of the City of Richfield; Minnesota, as follows: Section 1. Findings 1.01. This Authority has pursuant to r2innesota Statutes, Section 462.411 to 462.716 (the ".Housing Act") duly adopted a Redevelopment Plan (the."Plan") for a redevelopment project described as the Lyndale-Hub-Ilicollet Redevelopment Project (thee1Project Area") and commonly referred to as the LHi1 Project. The Plan and the Project Area have been duly approved by the City Council of the City- - of Richfield (the "City") in accordance with the Housing • Act. , 1.02. This Authority and the City have entered into a Tax Increment Agreement (the "Agreement") dated May 9, 197.7 in accordance with the Housing Act and Priinnesota Statutes, Section 273.71 to 273.78., the Tax Increment Financing Act (the Housing Act and the Tax Increment Financing Act collec- tively referred to as the."Act") for the purpose of the issuance of general obligations of the City, authorizing , payable from tax increments in the Project Area, to finance Public. Redevelopment Costs within the Project Area. The Agreement authorizes the issuance by the City of its general obligations for such costs at the request of this Authority.. 1.03. The Plan. has been duly modified and amended in accordance with the.. Act to provide for the acquisition and., improvement of certain lands in the Project Area for the purpose of facilitating. the construction of a multi-family housing development and related improvements (collectively "the Project") and to provide for the financing of other related Public Redevelopment costs of the Project Area. This Authority has authorized the execution of development agreements in connection with the acquisition 'and disposition of land for the Project. -' f 3.02. The Agreement is hereby ratified andconfirmed in all respects. 3.03. This Authority... renews andreaffirms its • statement in HRA Resolution No. 32 of May 9, 1977 concerning its intent to request additional series of bonds in the future to finance the Public Redevelopment Costs in the Project.Area and restates its request that~tall such series of bonds be on a parity with each other st},ch series of bonds so issued, and be equally and ratably. secured by the pledge. of the Agreement. 3.04. The Executive Director is authorized and directed to transmit a certified copy of the resolution to the City forthwith. Passed by the Housing and Redevelopment Authority of the City of Richfield, Minnesota this 16th day of November, 1981. Chairman Secretary • -3- ... ww~sXLt 17S-s". .rn~xw.... ^.~ .K' y n-~ ...,rcvx+ws~~s-'"".ate-, .-•a.•a+~~s.., ~~a.'•F<}: +v,~--r..av;~?r!^{T~.,, '~..^^~^~c .r~«:_~,r,,=_m~~uc:....+rsv~:, 4b:~'i-Fs~l~iiio?`!!'C$7M~Sa}t!.~!yu,r.?7~•,?_ .. .. .. - .. - _-a~ .._., .. _ ... ~ , • j STATE OF MINNESOTA ) COUNTY OF HEid.dEPIN ) l+ S S . ~', HOUSING AND REDE- ) VELOPMENT AUTHORITY CITY OF RICHE IELD ) ~• •• I", the undersigned, being the duly qualified and acting Secretary of the Housing and Redevelopment Authority of the City of Richfield, Minnesota do hereby certify that I have carefully compared the attached and foregoing extracts of minutes of the housing and Redevelopment Authority of said City held on ~~onday, November 16, 1981, with the original on file in my office and the same is a full, true and complete transcript therefrom insofar as the same relates to the issuance and sale of $2,450,000 General Obligation Redevelopment Bonds of 1981 of the City. WITNESS My hand officially as such Secretary and the seal of•the City this 16th day of November, 1981. Secretary City of Richfield, Minnesota (SEAL) • • ~~ ' PREPARED HY EVENSEN-DODGEx INC. 11/16/81 CITY OF RICHFIELD • START DATEI 12/01/81 TAX PERIOD ESTIMATED COLLECT ENDING - ----------- FROF'OSED BOND :[SSUE -- -------------- PROJECT COVERAGE YEAR 02/01 FRINCIF'AL COUPON INTEF;EST TOTAL F'~I INCREMENT FACTOR 1982 1983 328+708.33 32$x708.33 (i) 1983 1984 20,000 11.500 281x750.00 301,750.00. 48,731.00 t1> ' 1984 1985 25,000 11.500 279,450.00 304x450.00 308,957.00 1.015 1985 1986 30x000 11.00 276,575.00 306,575.00 315x000.00 1.027 1986 1.987 45x000 11.500 27.3x125.00 318x125.00 321,000.,00 1.009 1987 1988 55x000 11..`,00 267x950.00 322x950.00 327,000.00 1.013 1988 1989 70,000 11.500 26.1,625.00 331,625.00 334x000.00 1.007 1989 1990 80x000 11.50 253x575.04 333x575,.00 341x000.00 1.022 '- 1990 1991 90x000 11-.500 244,375.00 334x375.00 347x00Q.00 1038 1991 1992 105,000 11.00 234,025.00 339,025.00 354,000.00 1.044 1992 1993 120,000 11.500 221x950.00 341,950.00 361,000.04 1.056 1993 1994 140,000 11.500• 208,150.00 348x150.00 369x00.0.00 1064 1994 1995 170,000 11.500 192x050.00 362x050.40 376,000.40 1.039 1995 1996 185x000 11,500 172x500.00 357x500.00 384,000.0 0 1,074 1996 1997 210,000 11.504 151x225.00 361,225.00 391,000.00 1.482 1997 1998 235,000 11.00 127x075.00 36,075.00 399x000.00 ~ 1.10.2 1998 1999 270,000 11.500 100x050.00 370x050.00 407-000.00 1.100 1999 '000 300x000 11.500 69,000.00 369x000.00 415,000.00 1,1.25 2000 2001 300x000 11.500 34x500.00 334x500.00 424,000.00 1.268 ~. , ~= TOTAL 2,450x000 3,977,658.33 6,427x658.33 6x222r688.00 N E I R 1 1.5000% PROJECT COSTS $1,876,000 ' ISSUANCE CO STS 26,000 RUNIi YEARS 34x588.3 AVG. MATURITY 1 4.1 YRS. DEALER-DISC OUNT 48,000 CAPITALIZED INTEREST 500,-000 INTEREST D UE 8/1 ANt) 2/1 BOND ISSUE SIZE - $21450,000 PRINCIPAL DUE 2/1 CAPITALIZED INTEREST: FROM BOND PROCEEDS $500,000 ASSUMES 2% ANNUAL INFLATION IN TE1X INCREMENT REINVESTM ENT EARNINGS 82,000 (1) GROSS CAPIT ALIZED INTEREST $582x000 ~` ~ . ~ ,'# EYTFL~CT OF MITJUTES OF MEETING .OF THE HOUS ITJG ATdD REDEVELOPT~ENT AUTH{?RLTY OF THE CITY OF RLCHFIELD, HENNEPIN COUN~'Y, MTTJNESOTA ~~; Pursuant to due call and notice hereof, a regular. meeting. of the Housing and Redevelopment Authority of the City of ,Richfield was duly held on I~tonday, the 16th day of November, 1981, at o'clock p.m. The meeting was called to order by the Chairman. Upon roll call, the following members of the Authority. were present: • and the following absent: Councilmember introduced the follo~eing resolution and moved its adoption. ~ ~ • .. ~. :, F. • ~~y Extract of Minutes of Meeting of the City Council of the City of Richfield, Hennepin County, Minnesota Pursuant to due call and notice thereof a regular meeting of the City Council of the City of Richfield, Hennepin County, Minnesota, was held at the City Hall in said City on Monday, November 23, 1981, commencing at 7:00 o'clock P.M. The following members were present: • and the following were absent: .L.LJ. n n .. ~~ i~ i~ The following resolution was presented by Councilmember who moved its adoption: RESOLUTION N0. RESOLUTION PROVIDING FOR THE ISSUANCE AND SALE OF GENERAL OBLIGATION REDEVELOPMENT BONDS OF 1981 BE IT RESOLVED By the City Council of the City of Richfield, Hennepin County, Minnesota as follows: 1. Findings. 1.01. This Council by Resolution No. 5717 authorized the issuance and sale of a separate series of general obligation redevelopment. bonds to finance Public Redevelopment Costs in the Lyndale-Hub-Nicollet Redevelopment Project Area (the "Project Area"). 1.02. The City has issued and sold its $4,700,000 General Obli- gation Bonds of 1977, dated August 1, 1977 to finance a portion of the Costs. 1.03. The Housing and Redevelopment Authority of the City of Richfield (the "Authority") has by resolution of November 17, .1981 • requested the City to issue and sell additional general obligation bonds to finance all or a portion of additional Costs in the Project .Area which Costs are presently estimated to be as follows: Multi-family Site Costs Acquisition $ 816,972 ' ? Site Improvements -" 28,325 Relocation 107,510 Demolition 4,200 Project 705 Special Assessments 78,626 Disposition Expense 15,000 Administrative Expense 44,938 .Contingencies (5%) 58,444- Property Management Expense 60,816 Legal Costs 12,000 Other Project Area Costs Administrative Costs. $ 17.7,700 Multi-family and Commercial Rehab 100,376 Advances from Capital Improvement Fund 96,551 Lyndale Garden Center Development Costs. (1980-81) 273,958 Financing Costs Legal and Fiscal $ 25,000 Capitalized Interest 550,000 Bond Discount 48,000 Total bond issue required $2,450,000 1.04. The City is authorized to issue and sell its general obligation bonds for the purposes above stated by Minnesota Statutes, Sections 462.411 to 462.716, the Housing and Redevelopment Act, and Sec- tions 273.71 to 273.78, the Tax Increment Financing Act, and all conditions of those Acts necessary for the issuance of bonds have been met. 1.05. This Council finds and determines that it is necessary for the sound financial management of the City and the achievement of its redevelopment goals for the Project Area that bonds for the above stated purposes be issued and sold. 2. Sale of Bonds. 2.01. The City shall issue and sell its General Obligation Redevelopment Bonds of 1981 (the "Bonds") as provided in this Resolution. • 2.02. In order to provide financing for the Public Redevelopment • Costs, .the City shall therefore issue and sell Bonds in the amount of $2,402,000. In order to provide in part the additional interest required to market the Bonds at this time, additional Bonds shall be issued in the amount of $48,000. Any excess of the purchase price of the Bonds over the sum of $2,40.2,000 shall be credited. to the'debt service fund for the Bonds for the purpose of paying interest first coming due on the Bonds. The Bonds in the principal amount of $2,450,000 shall be issued and sold in accordance with the terms of the following Official Notice of Sale: 2.03. The City Clerk is authorized and directed to advertise the • Bonds for sale in accordance with the foregoing notice of sale and. to cause the abbreviated notice of .sale attached hereto as Exhibit "A", to be pub- lished in the manner required by law. The City Council shall meet in a special meeting on Wednesday, December 16, 1981, at 12:00 o'clock. noon. for the purpose of considering sealed.-bids on the bonds and taking any other appropriate action. 3. Maturity Schedule. 3.01. In order to conform to the requirements of Minnesota Statutes, Section 475.54, Subdivision 1, the Council hereby combines the maturity schedule of the Bonds with the maturity schedule of its $4,700,000 General Obligation Redevelopment Bonds of 1977, dated August 1, 1977, all as provided in Minnesota Statutes, Section 475.54, Subdivision 2. The motion for the adoption of the foregoing resolution was duly seconded by Councilmember , and upon vote being taken thereon, the following voted in favor: and the following voted against: • whereupon said resolution was declared duly passed and adopted. • OFFICIAL . NOTICE OF SALE General Obligation Redevelopment Bonds of 1981 City of Richfield Hennepin County, Minnesota NOTICE IS HEREBY GIVEN that sealed bids for the purchase of $2,450,000 General Obligation Redevelopment Bonds of the City of Richfield, Minnesota, will be received until 11:30 a.m., C.T. on Wednesday, December 16, 1981 in the office of the City Manager in the City Hall at 6700 Portland Avenue South, Richfield, Minnesota- 55423, at which time the. bids will be opened and tabulated for presentation to the City Council at a special meeting at 12:00 noon C.T. on the same day. Purpose and Security The proceeds of the- bonds will be used to finance all or a portion of certain public redevelopment costs associated with a redevel- opment project undertaken by the Housing and Redevelopment Authority of .the City and will be issued pursuant to the Minnesota Housing and Redevelopment Act and the Minnesota Tax Increment Financing Act.. The bonds will be payable primarily from tax increments to be derived from increases in the taxable valuation of property within a redevelopment project area in the City,-but will. be general .obligations of the City to which full .faith, • credit and taxing powers of the City will be pledged. Date and Maturities The bonds will be dated January 1, 1982, will be in denomination of $5,000 each, and will mature on February 1 in the following years and amounts: Year Amount Year Amount 1984 $ 20,000 1993 $120,000 1985 25,000 1994 140,000 1986 30,000 1995 170,000 1987 45,000 1996 185,000 1988 55,000 1997 210,000 1989 70,000 1998 235,000 1990 80,000 1999 270,000 1991 90,000 2000 300,000 1992 105,000 2001 300,000 Redemption Feature All bonds of this issue maturing after February 1, 1995 will be subject to prior redemption at the option of the City in inverse order of serial numbers on said date and any interest payment date thereafter at a • price of par plus accrued interest to date of redemption. Interest • Interest on the bonds will be payable. on August 1, 1982, and semiannually thereafter on each February 1 and August 1. All bonds maturing on the same date must bear-interest from. date of issue until .paid at a single, uniform rate, not exceeding the, rate specified for. bonds of any subsequent maturity. The' difference between the highest and lowest rate specified may not exceed 3%. Each rate must be in an integral multiple of S/100 of 1°J°, and no rate of interest nor the net effective average rate of the issue may exceed 12% per annum. Paying Agent Principal and interest will be made payable at any suitable bank: recommended by the purchaser and'appraved by the Council, and the City will pay the customary charges for this service provided that. such recommenda- tion is received within 48 hours after the sale and the Council will select the paying agent if the .recommendation is not approved. CUSIP Numbers The City will, assume no obligation for the assignment or printing of CUSIP numbers on the bonds or for the correctness of any numbers printed thereon,-.but will permit such. numbers. to be assigned. and. printed at the expense of the .purchaser, if the purchaser waives any extension of the time of delivery caused thereby. • Delivery Within 40 days after .sale, the City will furnish and deliver to the office of the purchaser or, at .its option, will deposit with a bank in the United States selected by it and approved by the City as its agent to permit examination by and to deliver to the purchaser, the printed. and. .executed bonds, the unqualified opinion thereon of bond counsel, and a certificate stating that no litigation in any manner questioning their validity ,is then threatened or pending. The charge of the delivery agent must be paid by the purchaser, but all other costs will be paid by the City... The purchase price must be paid upon delivery of the bonds,. or within five days .after deposit with the delivery agent, in funds available .for expenditure by the City. on the day of payment. Legal Opinion An .unqualified legal opinion on the bonds. will be furnished by Messrs. LeFevere, Lefler, Kennedy, O'Brien & Drawz, a Professional Asso- ciation, of Minneapolis, Minnesota. The legal opinion will be printed on the bonds at the request of the purchaser.. The legal opinion will state that the bonds are valid and binding general obligations of the City, and that the City is obligated and required to levy taxes for the principal .and interest thereon as the same become due without limit as to rate or amount. Type of Bid -Amount • Sealed bids must be mailed or delivered to the undersigned and must. be received prior to the time specified. above.. Each bid must be i unconditional and must be accompanied by a cashier's or certified check or • bank draft in the. amount of $49,000, payable to the City Finance Coordina- tor, to be retained by the City as liquidated damages if the bid is accepted and the bidder fails to comply therewith. The bid authorizing the lowest net interest cost (total interest from date of bonds to stated maturities, less any cash .premium or plus any amount less than $2,450,000 bid for principal) will be deemed the most favorable. No oral bid and no bid of less than $2,402,000 for principal plus accrued interest on all of the bonds will be considered, and the City reserves the right to reject any and all bids and to waive any informality in any bid. BY ORDER OF THE CITY COUNCIL /s/ Sylvia K. Bergh City Clerk Dated:. November 23, 1981 Exhibit "A" • NOTICE OF SALE $2,450,000 General Obligation Redevelopment Bonds of 1981 City of Richfield Hennepin County, rinnesota NOTICE IS HEREBY GIVEN that sealed bids for the purchase of $2,450,000 General Obligation Redevelopment Bonds of the City of Richfield, Minnesota, will be received until 11:30 a.m., C.T. on Wednesday, December 16, 1981 in the office of the City Manager in the City Hall at 6700 Portland Avenue South, Richfield, Minnesota 55423, at which time the bids will be opened and. tabulated for presentation to the City Council at a special meeting at 12:00 noon C.T. on the same day. Dated January 1, 1982, the bonds will mature on February 1 in the years and amounts as follows: Year Amount Year Amount 1984 $ 20,000 1993 $120,000 1985 25,000 1994 140,000 1986 30,000 1995 170,000 1987 45,000 1996 185,000 1988 55,000 1997 210,000 • 1989 70,000 1998 235,000 1990 80,000 1999 270,000 1991 90,000 2000 300,000 1992 105,000 2001 300,000 All bonds maturing after February 1, 1995 are subject to prior redemption on said date and any interest payment date thereafter~at par plus. accrued interest. Interest will be payable on August 1, 1982, and semiannually thereafter. Each rate must be in an integral multiple of 5/100 of 1% and no rate may exceed 12% per annum. Minimum price, $2,402,000. An unquali- fied legal opinion will be furnished by rlessrs. LeFevere, Lefler, Kennedy, O'Brien & Drawz, A Professional Association, of Minneapolis, Minnesota. The purpose of the bonds. is to finance public redevelopment costs in a redevelopment project area. in the City. BY ORDER OF THE CITY COUNCIL /s/ Sylvia K. Ber City Clerk Dated: November 23, 1981 • ~ Y STATE OF MINNESOTA ) COUNTY OF HENNEPIN ) SS. CITY OF RICHFIELD ) • I, the undersigned, being the duly qualified and acting City Clerk of the City of Richfield, Minnesota do hereby certify that I have carefully compared the attached and foregoing extract of minutes of a regular meeting of the City Council of said City held on Monday, November 23, 1981, with the original thereof on file in my office and the same is a full, true and complete transcript thereof, insofar as the same relates to the issuance and sale of $2,450,000 General Obligation Redevel- opment Bonds of 1981, of the City. WITNESS My hand as such City Clerk and the corporate seal of the City this day of 1981. City Clerk City of Richfield, Minnesota (SEAL) ~_, i. RESOLUTION1 1`ZO . 185 A RESOLUTION DETERMINING THE NEED FOR FINANCIPIG REQUIRING THE CITY COUNCIL OF THE CITY OF RICHFIELD TO AUTHORIZE THE ISSUAPdCE OF GEI7ERAL OBLIGATIOTJ DEVELOPI~lEidT BONDS TO FIi~tAP1CE PUBLIC REDEVELOPP~EiJT COSTS IN THE LYNDALE-HUB-NICOLLET.REDEVELOP~dEDIT AREA BE IT .RESOLVED by the. Housing and Redevelopment Authority of the City of Richfield, Minnesota, as follows: Section 1. Findings 1.01. This Authority has pursuant to P•Zinnesota Statutes, Section 462.411 to 462.716 (the "Housing Act") duly adopted a Redevelopment Plan (the "Plan") for a redevelopment project described as the Lyndale-Hub-Ilicollet Redevelopment Project (the "Project Area") and commonly referred to as the LHi1 Project. The Plan and the Project Area have been duly approved by the City Council of the City of Richfield (the "City") in accordance with the Housing Act. 1.02. This Authority and the City have entered into a Tax Increment Agreement (the "Agreement") dated May 9, 1977 in accordance with the Housing Act and Pinnesota Statutes, Section 273.71 to 273.78., the Tax Increment Financing Act (the Housing Act and the Tax Increment Financing Act collec- tively referred to as the "Act") for the purpose of authorizing ,the issuance of general obligations of the City,. payable from tax increments in the Project Area, to finance Public Redevelopment Costs within the Project Area. The Agreement authorizes the issuance by the City of its general obligations for such costs at the request of this Authority. 1.03. The Plan has been duly modified and amended in accordance with the Act to provide for the acquisition and improvement of certain lands in the Project Area for the purpose of facilitating the constructior, of a multi-family housing development and related improvements (collectively "the Project") and to provide for the financing of other related Public Redevelopment costs of the Project Area. This Authority has authorized the execution of development agreements in connection with the acquisition and disposition of land for the Project. • ~, 3.0.2. The agreement is hereby ratified and confirmed in all respects. 3.03. This Authority renews and reaffirms its statement in HRA Resolution iJo. 32 of May 9, 1977 concerning its intent to request additional series of bonds in the future to finance the Public Redevelopment Costs in the Project Area and restates its request that all such series of bonds be on a parity with each other such series of bonds so issued, and be equally and ratably secured by the pledge of the Agreement. 3.04. The Executive Director is authorized and directed to transmit a certified copy of the resolution to the City forthwith. Passed by the Housing-and Redevelopment Authority of the City of Richfield, Minnesota this 16th day of November, - 1981_ Chairman Secretary • -3- 'y~iy?4PA!iTfl`.~.~''±~E;-Y'.Ly{~sv~~`~ :w.ap`...awr_s-xa_~'yS'T".:x«.~ ra.-w....,_*.~ ,R' ~.:-t«Gm^r~:-.xo+!tiz~cca;,ws'~?e.'~'~.ya+~_~: ar®rr;«,t~e,,. x.c-s~.~+sr, :;, 4,^ ^i.-~...;.:.~ w.wv+~+y~a .,•r!~aw-e^u+~~ • • STATE OF MINNESOTA COUNTY OF HEi1~1EPIN ) SS. HOUSING AP1D REDE- ) VELOPh1ENT AUTHORITY ) CITY OF RICHFIELD '• T, the undersigned, .being the duly qualified and acting Secretary of the Housing and Redevelopment Authority of the City of Richfield, Minnesota do hereby certify that I have carefully compared the attached and foregoing extracts of minutes of the housing and Redevelopment Authority of ..said City held on ~~onday, November 16, 1981, with the original on file in my office and the same is a full, true and complete transcript therefrom insofar as the same relates to the issuance and sale of $2,450,000 General Obligation Redevelopment Bonds of 1981 of the City. WITNESS My hand officially as such Secretary and the seal of .the City this 16th day of November, 1981. Secretary City of Richfield, Minnesota (SEAL) •i • ' P'REP'ARED HY EVENSEN-DODGE, ING. 11/16/81 CITY OF RICHFIELD START DATE 12/01/81 TAR P'EF~IOD ESTIMATED COLLECT ENDING ------------ FROF'OSED BOND :ISSUE -- ------------- PROJECT YEAR 02/01 PRINCIPAL COUPON INTEREST TOTAL F'8I INCREMENT 1982 1983 -328,708.33 328,708.33 1983 1984 20,0.00 11.500 281,750.00 301,750.40 48x731..00 1984 1985 25,000 11.500 279,450.00 304,450.00 308,957.00 1985 1986 30,000 11.500 76,575.00 306,575.00 315,000.00 1986 1987 45,004 11.~OU 273,12:,.00 318+125.00 321.000.00 1987 1988 55,000 11..`,00 2b7,95U.40 322,950.00 327,000.00 1988 1989 70x000 11.500 261x625.00 331,625.00 334,000.00 1989 1990 80,000 11.500 253.515.04 333,575.00 341,000.00 1990 1991 90,000 ]1.500 244x375.00 .334,375.00. 347x000.00 1991 1992 10.`„ 000 11.00 234+025.00 339,025.00 354,000.00 1992 1993 ]20x000 11.500 221,950.00 341,950.00 361,000.00 1993 1994 140,000 11.500• 208,150.00 348x150.00 369x00.0.00 1994 1995 170,000 1].500 192x050.00 362x050.40 376x000.00 1995 ].996 185,000 11.500 172,00.00 357x500.00 384,000.00 1996 1997 .210,000 11.500 151,225.00 361,225.00 391,000.00 1997 1998 235x000 11.500 127x075,00 3b'?,075.00 399,000.00 1998 1999 270,000 1].500 100:050.00 3'10x050.00 407,000.00 -1999 2000 300x000 11.00 69,000.00 369x000.00 415,000.00 2000 2001 300,000 11.500 34x500.00 33.4,500.00 424x000.00 TOTAL 2,450x000 3,977x658.33 N E I R 11.5000% 6,427,658.33 6x'222,688.00 BOND YEARS 34,88.3 AVG. MATURITY 14.1 YRS. INTEREST DUE 8/1 AND 2/1 PRINCIPAL DUE 2/I ASSUMES 2% ANNUAL INFLATION IN TAX. INCREMENT ~ :. w COVERAGE FACTOR tl) li) 1.015 1.027 1.009 1.013 1.007 1.022. 1.038 1.044 1.05b 1.060 1.039 1.074. 1.08.2 1.102 1.100 1.125 1.268 PROJECT COSTS $1,876,000 ISSUANCE COSTS 26,000 DEALER DISCOUNT 48,000 CAPITALIZED INTEREST 500,000 BOND ISSUE SIZE $2,450,000 CAPITALIZED INTEREST: FROM BOND PROCEEDS $500,000 REINVESTMENT EARNINGS $2,000 (1) GROSS CAPITALIZED INTEREST $582,000 f . E~TR.~CT OF MITJUTES OF MEETING OF THE HOUSING ATJD REDEVELOPT~ENT AUTHORITY OF THE CITY OF RICHFIELD, HENNEPIN COUNTY, MITJNESOTA Pursuant to due call and notice hereof, a regular meeting of the housing and Redevelopment Authority of the City of,~tichfield was duly held on Monday, the 16th day of November, 1981, at o'clock p.m. ` The meeting was called to order by the Chairman. Upon roll call, the following members of the Authority were present: • and the following absent: Councilmember introduced the follocving resolution and moved its adoption. * * ~ • 11/ls/81 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 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. II Amending Section 3.2s, Subd. 1, providing 10 for new zoning classifications RSD, MR-l, MR-2, and MR-3. III Amending Section 3.29 by adding a new Subd. 11 15 concerning walls, fences, and hedges. IV Deleting the existing Section 3.30 and pro- 12 viding an entirely new provision and section on the Residence (R) District. V Adding a new Section 3.30A to follow Section 3.30 and provide the basic definition of the 20 new (RSD) Residential Special District. VI Adding a new Section 3.31A with definitions 23 of the new multiple residence districts, MR-1, MR-2, and MR-3. VLI Providing a technical amendment to Section- 30 3.32, Subd. 1 (1) . VIII Providing technical amendments to Section 30 3.32, Subd. 4. IX Providing technical amendments to Section 32 3.33, Subd. 1(1). X Providing technical amendments to Section 33 3.33, Subd. 3(_a). XI Providing technical amendments to Section 33 3.34A, Subd. 2(.5). XII Providing technical amendments to Section 34 3.36. Ordinance Section No. Subject Matter Page No. XIII Providing technical amendments to Section 37 3.38A. XIV Providing minor amendments to Section 3.39 38 and repealing Subd. 2 (_1 ). (_e) entirely. XV Amending Section 3.57, Subd. l in regard to 47 minimum lot area and minimum lot width. requirements. Note: Also provided is a separate ordinance amending Section 4.Q5, 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. 11/18/81 Draft 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-1, 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-l, 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 3.3b, 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 followin streets and roadways in the City: The Crosstown (Hi hway No. 62); I-35W; I-494; Minnesota Trunk Highway No. 77; 66th Street between Xerxes Avenue and Highway 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 }~.~~~._ f~~ (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. f3~ (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 used primarily for the accomodation of automobile travelers; including groups of buildings designated as auto cabins, motor lodges, motels and similar designations. f4~ (5) "Automobile Wrecking" - See Junk Yards. f53 (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. f63 ~ "Building, Accessory" means a st~be~di~a~e-btu}~di~g, tke-ase-of'-wkiek-~e-i~e~de~~a~-to-tka~-a€-a-rxa}~-ba~~d~~g-erg tke-sane-let- detached building used for any permitted accessory use. ~7-~ (8) "Building Main" means a building in which is 2 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; Rae 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. f8~ (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. f93 (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. ~}9~ (12) "Dwelling, One-Family" means a building used exclusively for occupancy by one family. f}}~ (13) "Dwelling, Two-Family" means a building used exclusively for occupancy by two families living indepen- dently of each other. f}8~ (14) "Dwelling, Multiple" means a building or portion thereof used for occupancy by three or more families living independently of each other. ~. 3 f~3~ (15) "Dwelling Unit" means a dwelling or portion 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 living 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, exceedn three in number, not related by blood, marriage, or adoption.. (17) "Floor Area Ratio" means the sum total of the ross 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 orches and balconies and below grade floor areas used for habitation. . Not included as gross floor areas are o en terraces, atios, atriums or balconies, carports, gara es, breezeways, tool sheds, special purpose areas for common use of occu ants, such as recreation room social hall, staff space for therapy or examination in in-care housing, and basement s ace not used for__living accomodations. Gross site area includes the site plus one half of abutting streets and allevs. f15~ (18) "Garage, Private" means an accessory building for only the storage of self-propelled vehicles. f16~} 19) "Garages, Public" means any premises except those herein defined as a private or storage garage, used for the storage or ease care of self-propelled vehicles or where any such vehicles are equipped for operation or repair or kept for remuneration, hire or sale. 4 f}~~ (20 ) "Height. of Building"means the vertical . distance from the average elevation of the lot along the front building line eke-a~e~age-~e~e~-e~'-~~.e-k~gkee~-aid ~eWes~-~e~x~-e€-~ha~-pe~~ier~-e~-~b.e-lei-ee~e~e~-her-eke b~~}d~~g 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~A~ 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~13 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 round area covered by structures. {~2~ (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 roperty line. {~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 s ace which is improved and located so as to provide outdoor livin area for residents. This shall include lawns and other landscabed areas, walkways, paved terraces and sitting areas, and outdoor recreation areas. Outdoor o en s ace areas shall be at least 20 feet. wide and shall not include drivewavs, barking areas or front or sideyard setback areas. {25~ (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~6~ 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. ~~~~ (33) "Structure" means anything.-constructed or erected, the use of which requires location on the ground. or attachment to something having location on the ground. ~~8~ 34) "Structural alterations" means any change in the supporting members of a building such as bearing walls, columns, beams or girders. f893 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- tamed. 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. f 3€~ 37 "Yard" means any open space etl~e~-~ha~-a-eet~~~-ems eke-ea~te-~e~-W}~k-a-btt}~d~~g- on the same lot with a building, which open space is unoccupied and unobstructed. €~e~-eke g~ett~d-egWa~d--exeegt-ae-etke~W}ee-p~e~}ded-ix-6eetiee-3-39-e€ ~h}s-ekap~e~- In measuring a required yard, the line of a building means a line ga~alle€-fie-eke-~ea~ee~-~e~-1}tee-d~aWe through the point of a building ems-eke-pe}x~-e€-a-dwell}xg 7 g~e~g above grade and nearest to s~eh the lot line, e~e~~s~~e ef-the-~esgeeti~e-a~ehi~eet~a~-€ea~a~es-eA~~e~a~e~-~a 6ee~}ems-3-39-e~-phis-Eha~te~-as-met-te-be-ee~s~de~e~-}~ ~eas~~~~g-yard-d}~e~s~e~s-e~-as-be}erg-pe~~~~~e~-~e-e~~e~~ ~e~e-aa~-~~e~t--s}de--e~-~ea~-ya~~--~espee~}~el~- a~d-~he-~ease~e~e~~-s~al~-be-~ake~-f~e~-the-l~~e-a€-the-b~}~d- ~~g-te-the-aea~es~-~e~-~~ae- except that non-accessory buildin 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 landin s or uncovered porches may extend into the required front yard no more than six feet. f333 (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. X40) "Yard, Required" means the minimum setback herein- after imposed by this cha ter. 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. orches 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. ~35~ (42) The term "recreational vehicles and equip- 8 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 RSD 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 l 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 o inion of the city manager such exemption shall not 11 conflict with any existing city sidewalk olicy nor create any sidewalk snow storage problems, and in the case of a collector or arterial street, the city mana er may likewise grant exemption from this setback provision when there exists at least three feet for snow stora e. (5) On any corner lot nothin 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- necting 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 lineshall 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 re lacement development will be compatible with the detached single 12 family dwellings of the"neighborhood, preserving neighborhood densities. Subd. 1. Principal Uses: Sa) 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. ~ ~°~ ~rn~ ~c.p,vPA"r+.~KS Subd. 2. Accessory Uses. Any accessory use permitted in an "RSD" 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. Subd. 3. Uses by Special Use Permit: (a) Daycare centers for more than 1Q 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; 13 (d) Major public utilities; (e) Two family dwellings, subject to the followin additional requirements: (1) Lot(s)`shall have vehicular access to arterial or collector. streets; (2) Two off-street parking spaces, one of which. must be enclosed, shall be provided for each dwelling unit; (3) Only 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 Covera e. (a) Minimum lot area; Single family dwellings: 6,750 square feet. Two family dwellings: 9,000 square feet. Other uses• 43,560 square feet. 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. a 14 Subd. 5. Minimum Buladng Setbacks. Sideyard Use Front Rear Streetside Interior (a) Single famil 30' 25' 15' 5' (b) Two famil 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; (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 upon the one-fourth of the lot abut- ting each street; (4) In the case of a corner lot, no accesso~ 15 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 abuttin more than two streets, no accessory buildin '.shall encroach upon any one-fourth of the lot abutting any street; ~6) Every foundation, floor, wall, ceilin and roof shall be reasonably waterti ht, weather- . tight, rodent proof and shall be kept in ood repair, including external ap earance; (7) Every window, exterior door, and basement h h atc way shall be reasonably watertight, weather. tight and rodent roof and shall be kept in sound working condition and ood repair. (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 buildin hei ht in excess of 42 feet. Subd. 6. Maximum heights. One and two family dwellin s shall not exceed 25 feet; accessory buildings shall not exceed 15 feet. 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The following new Section 3.30A is .hereby added to The Ordinance:: Code of the City of.Richfeld, Minnesota, after Section 3.30 thereof,. and it shall read as follows: 3.30A. RESIDENTIAL SPECIAL DISTRICT {RSD). The "RSD" district is intended to conserve the residential character of selected areas by insuring that new or re lacement housing will conform to the established character of the neighborhood .and by preserving the existin low density large lot development of these nei hborhoods. Subdivision 1. Principal Use r Single family dwellin s. Subd. 2. Accessory Uses: (a) Private garages; (b) Greenhouses and garden houses; (c) Storage buildings; (d) 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 or physically handicapped persons. 20 (h) Home occupations; () Private driveways and sidewalks. 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 Garin for more than six children or mentally retarded or physically handicapped persons. Subd. 4. Requirements for Lot Area, Width and Covera e: a) Minimum lot area shall be 10,000 square feet for a single family dwelling; (b) 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. r 21 Subd. 5. Minimum Building .Setbacks: Sideyard Front Rear Streetside Interior (a) .Single family 30' 25' 15' 10' (b) Accessory 30' 2' 15' 2' (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 ke lot y . (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 thelot 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 upon the one-fourth of the lot abutting each street. 22 ~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 adjoints 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 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: 23 3.31A. MULTIPLE RESIDENCE (MR-1, MR-2, AND MR-3) DISTRICTS. The multiple residence districts are hereby established and shall be designated "MR-l" , "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. Subd. 1. Principal Uses: (a) District MR- Residences containing two dwelling units and any use permitted in the "RSD" 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. 24 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. 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 25 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. (c) Maximum Lot Coverage: . District. Max. Lot Coverage MR-1 25 0 MR-2 25 a For other uses, the maximum lot covera e 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 Buildn s: (a) MR-1 District: Sideyards Front Rear Streetside Interior 30' 25' 15' 10' (b) MR-Z District: Sideyards Front Rear Streetside Interior 30' 25' There shall be Sideyards pro- vided equal to the height of building or 20 feet whichever is greater. 26 • (c) MR-3 District: Sideyards Front Rear Streetside Interior 35' 35' There shall be sideyards pro- vided equal to'the height of building or 35 feet whichever is greater. {d) Additional sideyard setback requirement: On a corner lot adjacent to a key lot, the sideyard on the street side of such corner'lotshall 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 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 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. (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 o£ any - lot line of a residential-district. The required` `setbacks hall 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: 50Q square feet. 28 One-bedroom dwelling unit: 650 square feet. Two-becroom dwelling unit: 800 square feet. Dwelling units containing more than two bedrooms shall have 150 additional square feet for each bedroom in excess oftwo. 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 following 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 adjacent structures. • 29 i _ 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 specified in this chapter, the following uses.. are permitted: (1) any use permitted in an "R", d}e~~}e~-e~-are "MR", "RSD" , "MR-1" , "MR-2" , Or an "MR-3" dlStrlct, 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 30 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 the building lot abuts upon more than one-street the area between the building and each of such streets shall be regarded as front yard. (3) Side Yard: No side yards shall be required except as follows: (a) On a corner lot adjacent to a key lot in a residential district there shall be a 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 ,~ 31 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 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", dis~~~e~-ems-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. 32 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 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) • 33 (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 districa. Uses allowed in a "C-1" district shall be allowed in a PC-1 district. Uses allowed in a "C-2" district shall be 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. 34 Subdivision 1. Outdoor Advertising Signs, R, e~' MR, RSD, MR-1, 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. (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 Si gns, C or I Districts. Outdoor advertising signs, billboards, real estate signs and 35 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 hat 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 required to insure proper vision and safety to the traffic on such s treets and highways. (3) No such sign shall be permitted which faceson the front or side lot line of any lot in a an "R", e~ "MR" "RSD" ~ r " " " - - " MR-1 , MR-2", or MR-3" district used for residential purposes or portions of planned unit development districts designed for residential uses within 100 feet of such lot 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 shall be subject to the provisions of Part V of this chapter.. • 36 l 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" , "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 38 code as applied to any-aed-a~~ commercial and. industrial districts e~eeg~-e~ke~H}se-p~e~}ded are.. subject to the followinc~ 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 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. 39 (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 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. 40 (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~}--Be~ae~ied-aeeesse~~*-b~}~diags-ire-yes}de~~}a~-d}s~~}ens shall-ee~~e~x~-~.e-~~ie-€'e~~ekiag-add}~ie~a~-~e~x~~e~e~~e-as-~:e ~kel~-leea~le~s-t~pe~-eke-lei- Eat ~~-~~i.e-ease-e~'-a~-}~~e~le~-lei-abtt~~}erg=ogee-ewe s~~ee~--ee-de~ae~ie~.-aeeesse~~-bt~lldleg-shall-be-e~ee~ed-e~ al~e~ed-se-as-~e-eee~eaek-egee-~~ie-1'~ee~-~al~'-e~-eke-lei- f4~ (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 nearest either street or in any case nearer to the estab- lished building line on either street frontage. • f~~ 4) 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 lot 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. f63 (5) In the case of a corner lot abutting on more 45 l 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 2Q feet. E~~ (6) 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. 5ubd. 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. 44 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, ~e-a-~ta~i~ax~-e~'-€}€~~*-~'ee~---the-9ax~e ~t~~e-skaii-agg~~*-}~-ax~r-e~ke~-dis~~ie~ provided that ~~~ 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. aid.-f~'~-the-fii'~~r-feet x~a~i~t~~-eka~i-met-be-apgiieabie-~~-any-este~eia~-e~-i~dee~~ia~ ~is~~ie~. 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. f4~--~r~-ease-a-dHeilixg-ie-leeated-ems-a-let-9e-tka~-ids €~ex~.-arid-~ea~-€'aees-ax~*-side-het-lime--~.ke-dwelling-skai~-be xe~-fees-tkar~-~5-i'eet-f'~et~-~~ie-lei-iixe . f5~ ~ 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. 43 e€-€ke-€epee-a~~ess-€key-awe-~es~g~ed-as-a~-}~€eg~al-ga~€ e€-~ke-€exee---~ke-€e~~-u~e~gesu-as-ase~-~~-€~}s-ga~a- g~agk-ska~~-ee€-~~e~a~e-~~ees---A~~-wa~~s--€eAees-ae~ kedges-ake€€}~~-ea-€ke-gek~~e-~}gk€-a€-wad-ska€~-ke-se€ kae#-€knee-€ee~--€~e~-€ke-gak~~e-~~gk€-e€-way-e~eeg€ €ka€-wa~~s--€e~ees-a~~-kedges-aka€~~~~-e~-gak~~e-~}gk€- @€-wad-wk}eh-~s-es~~~g~ees-~e-xe~-ee~~ee€@~-e~-~e~- a~~e~}a~-~@a~wa~s-as-~es~gaa~e~-k~-~ke-a~eg~e~-ee~g~ekeA- s}~e-g~aA-~a~-ke-e~e~g€e~-€~e~-~k}s-se€-kae#-g~e~~s}eA wke~--~~-eke-e~€~~@x-e€-eke-e~€~-~a~age~-seek-e~e~g~~e~ w}~~-~e~-ee~€~~e€-w}€k-aa~-e~~s€}erg-a}~~-s}~ewa~k-ge~~e~ ~e~-e~ea€e-any-g@€ee€~a~-screw-s€e~age-g~ek~e~---Ba~~e~ w}tee-a~~-epee€~}e-€epees-awe-~~ek~k}€e~---Fe~ees-ska~~ ke-set-kaek-~k~ee-€ee€-€~e~-gam#~~~-areas---9~-any • ee~ee~-~@€-~e€k~~g-ska~~-ke-e~ee~ed--~~aeed--g~a~€ed-ems a~~ewe~-€e-grew-~~-seep-a-~a~ae~-as-€e-eks€~ee€-~~s~e~ ke€weex-€ke-ke~gk~-a€-€we-a~~-ewe-ka~€-€ee€-ake~e-aA~ €e~-€ee€-ake~e-€ke-}~€e~see€~e~-a€-€ke-eex€e~-~}yes-e€ eke-~~€e~see~}xg-s€~ee€s-~~-eke-area-kee~ded-~~-eke-s€~ee€ ee~k-fixes-ake€€}~~-said-ee~~e~-le€-aid-a-~~~e-ee~aee€~~~ gei~€s-ex-eke-akx~€ixg-ex~k-fixes-€~€~y-€ee€-€~e~-€ke ~~€e~see€iex-a€-€ke-ex€exsiexs-a€-€ke-ex~k-fixes---A~~ €exees--wa~~s-axd-kedges-~ega~~y-e~is€~~~-ea-€ke-a€€ee€}tee da€e-s€-€kis-a~ex~ex€-ska~~-ke-allewed-€e-eex€ixee-€e e~is€-axd-€e-ke-~e~ai~ed-axd-~aix€aixe~- (2) In any ~esi~ex€ia~ commercial or industrial dis- • trict where 25% or more of. the lots in any block located in 42 (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 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-wall--~e~ee-e~-ke~.ge-stay-eee~gy-gait-s€-eke ~egtti~ed-ya~d~-e~eep~-~ka~-E}3-ere-Wall,--1'e~ee-ems-kedge x~e~e-tka~-~et~~-~'eel-}~-ke~gk~-ekall-be-ee~e~~t~eted-e~- ge~x~}~~ed-be~wee~-eke-1'~ext-ll~e-of-eke-let-axd-tke-€~a~t ll~e-e~-eke-ktt}ld~r~g-e~te~ded-te-eke-a}de-lei-l~~eer-f~~ tee-Wall--~e~ee-ems-kedge-~e~e-~kax-sly-~ee~-~x-ke~gk~ shall-He-eexst~~teted-e~-ge~~~~~ed-e~.-axe-~ea~-~a~d-ems e~deya~d;-aid-f3~-rye-Half--levee-ems-kedge-~e~e-tkae-1'et~~ ~'eet-}~-keigk~-ekall-be-eeeet~tteked-e~-pe~~l~~ed-ex-eke 9ideya~d-ex-tke-side-abtt~~l~g-egex-a-s~~ee~-e~-ee~xe~ lei-Hklek-abut-t~gex-a-ke~*-let---Ail-pe9ts-ex-ari~r-~e~ee leea~ed-e~-e~-~ea~-eke-let-1}xe-ekall-be-ex-tke-}rye}de • 41 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 EQUIPMENT: 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 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 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 37 than two streets, no .detached acces-sort' 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 sideyard on the street side of the lot or nearer. to any street. .line of the lot than a distance equal to one-fourth the depthof the lot. f~~ ~ No detached accessory. building shall be within five feet of the side line of the front half of any adjacent lot except as hereinbefore specifically permitted. f83 ~ No garage with doors facing upon the street shall be within 20 feet of the lot line. f9~ ~ The foregoing rules shall not requires (a) Any detached accessory building to be more than 75 feet from any street line bounding the lot. • (b) The street side of any. detached accessory .building to be nearer to the lot line opposite the street line. than 20 feet. (c) A private garage to be separated from the front and side lines of the 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. 6t~bd--4---Hge-s~-~~}9tixg-fete---~~-ar~y-d}e~~}et-Hke~e-dWe~~}~g9 awe-ge~x~~~.ted--a-eir~g~e-~'a~ily-dHell}xg-may-be-leeated-ee-axy • 46 ~e~-sue-ghat-e~'-ef~~e}a~-~eee~d-as-s~-9etebe~-A--X954--}~~esgee- • ~~~re-a€-}~s-area-ems-Width--g~e~r}ded--keWe~e~--~ka~-ae-~e~-eka~~ be-~.ee~ted-to-be-less-tka~-5A-€eet-Hide-~e-a~~*-ease. Subd. 5 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. 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 a~ lots in a plats or subdivisions shall be 8,000 square feet- and eke 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 apply. 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 • 47 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_ Mayor ATTEST: City Clerk • 48 ~' J ORDINANCE N0. AN ORDINANCE AMENDING SECTION 4.05, SUBDIVISION 1, OF THE. CITY CODE OF THE CITY OF RICHFIELD, MINNESOTA, BY ADDING THE "RSD" 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 "RSD" 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 • r ~' of vehicular and pedestrian traffic in accordance with 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 lgg ATTEST: City Clerk Mayor ,~ ~~ CITY OF RICHFIELD, MINNESOTA Office of City Manager Council Letter No. 408 Agenda November 23, 1981 The Honorable Mayor and Members of the City City of Richfield Council Members: Council Subject Ordinance Amendment Relating to Resi- dential Zoning, First Reading. In August, 1981, the City Council met jointly with the Plann- ing Commission to discuss a draft revision to the residential section of the zoning ordinance. The staff has subsequently de- veloped the attached draft ordinance amendment for council con- sideration. As you may recall, the City Council and the Planning Commission began discussions concerning the concept of a revised residential zoning ordinance in July, 1979. Because the city is fully devel- oped, the major goal of the ordinance, which was agreed upon, was to establish zoning regulations which conserve and enhance the residential character of the city rather than control new develop- ment. The ordinance was to carry out this objective by protecting the existing residential character of the city, by promoting re- modeling and conservation, and by enhancing property values and public investment. The draft ordinance implements the above objectives in a number of ways. First of all, it expands the number of residential zoning district designations from two to five. This will help insure that the zoning district regulations accurately reflect existing conditions in the community. The draft ordinance has two single family zoning district desig- nations. The two single family districts are the RSD district, which is intended to protect unique neighborhoods in Richfield by preserving existing low density large lot development in those neighborhoods, and the R district, for the majority of the resi- denital neighborhoods of the city. The RSD district regulations increase the minimum lot area re- quirements by 2,000 square feet to 10,000 square feet, and maintain the minimum lot width of 75 feet. The proposed RSD district re- quirements also change the setback requirements. The front yard setback requirement will be changed from 30 feet, or the estab- lished average on the block, to 30 feet in all cases. In most Council Letter No. 408 -2- November 23, 1981 cases, this will mean a reduced setback requirement. The rear yard setback will be changed from 20 percent of the depth of the . lot or 25 feet, whichever is least, to 25 feet. This will have little effect because most rear yards are greater than 25 feet. The interior sideyard setback requirement for one and ore-half story dwellings will be increased from five feet to ten feet while the requirement for two or more story dwellings will re- main at ten feet. On corner lots, the sideyard requirement on the street side will be reduced from 30 feet to 15 feet. The Oak Grove, Fairwood-Monroe, Apple Lane and Lynwood Boulevard areas are examples of areas which have been suggested for designation as RSD districts. • The proposed R district regulations will decrease the minimum lot area required from 8,000 square feet to 6,750 square feet and will reduce the minimum lot frontage requirement from 75 feet to 50 feet. The proposed setback requirements will be the same as for the RSD district, with one exception. The interior sideyard setback requirement will be five feet in all cases. This a five foot reduction from the existing requirements of 10 feet for two or more story dwellings and will allow property owners to add second story additions to their existing dwellings without going through the variance process. Another change being proposed in the R district will be to allow two family dwellings if a special use permit is obtained. In the existing regulations, two family dwell- ings are only allowed in an MR district. The draft R district regulations establish requirements which must be met before a special use permit can be issued for two-family dwellings, includ- ing that they must be located on arterial or collector roadways. The draft ordinance has three multiple family residential zoning district designations instead of the one designation con- tained in the present ordinance. This is done to insure that a variety of housing types are available, while controlling density to insure that multiple family developments are consistent with the existing character of Richfield. Specific uses permitted in the proposed multiple family district designations include single and two family dwelling units in .the MR-1 districts, multiple family developments containing three to 17 dwelling units in MR-2 dis- tricts, and developments containing over 17 units ir. the MR-3 district. Developments containing more than 17 units must also be developed in accordance with the existing PUD ordinance re- quirements. Other differences between the proposed and existing multiple-family district requirements include minimum lot area per dwelling unit requirements instead of just minimum total lot area requirements, and maximum lot coverage requirements. Of the proposed changes, the one which may evoke the most con- troversy is the provision of allowing two family dwellings in the R single family district by special use permit. The prop- osed comprehensive plan indicates that the city will allow in- creased density of housing, along arterials and collectors to provide an increased number of housing units, and variety of housing types and to "buffer" single family areas from the ad- verse effects of heavily travelled roadways. The proposed ordin- ance would allow that to happen in three different ways with varied Council Letter No. 408 amount of city control. -3- November 22, 1981 • The first way that this increased density could occur under the new ordinance is if the city rezoned all of the property along the arterials and collector roadways to MR-1. This would allow two family dwellings to be constructed or existing dwellings to be converted to two-family dwellings without any special city approval, as long as they meet the MR-1 district requirements. The city would have very little control after the property is rezoned. The second way which this could happen is if the properties along arterial and collector roadways are zoned R single family. Two family dwellings could then be constructed if the city approves a special use permit. The property owners would have to meet the standards set out in the ordinance. The important thing to re- member is that, unlike a rezoning action, the burden of proof in a special use permit action is on the city, if the ordinance ordin- ance provisions are met. In a rezoning, the property owner must prove that the rezoning action is proper; in a special use permit request, action to deny a special use permit requires that the city prove that the proposed development would be detrimental to the public welfare. This limits the actual control which the city has. A way to deal with this is to attempt to identify under what conditions a two-family dwelling would be detrimental to public welfare and then list standards in the ordinance which a development must meet in order to minimize those conditions. This would be relatively difficult to do. A third method of allowing two-family dwellings to develop along arterial and collector roadways is the method which is in the existing ordinance, but which is not possible in the proposed draft. This method is to zone property "R" single family resi- dential and then require property owners to go through a rezoning process before constructing a two-family dwelling. This would give the city the maximum amount of control, but would discourage property owners from constructing duplexes because they would be required to go through a drawn out city approval process which includes petitioning the surrounding property owners, a planning commission hearing, two readings by the city council (in addition to a four-fifths vote of the council), and a thirty-day publica- tion period. As mentioned before, the burden of proof in a rezon- ing action is on the property owner so it would be easier for the city to turn down the request for a rezoning. To use this method in the proposed oridnance the city would have to remove two family dwellings from the uses permitted by special use permit in "R" single family districts. The city will need to make some basic policy decisions on this, if in fact the city wants to allow increased Housing density along arterial and collector roadways by allowing two-family dwellings to develop, and on the amount of control the city wants to have over that process. In any case, because Richfield is fully developed now, the change from single family development to two-family development along arterials and collector roadways would be a very slow process. Council Letter No. 408 It is anticipated ~I ~ in phases. The first amendment. This will rezone any property. district regulations , the property will be ently are. In the ca designation will not After the new regulat zoned from its Curren zoning district desig that the planning com endations on all rezo the existing regulati -4- November 23, 1981 that the new ordinance will be implemented phase is to adopt the propsed ordinance create the new regulations, but will not With the exception of the "R" single family the existing regulations will remain and subject to the same regulations they curr- se of the "R" district, because the district change, no rezoning action will be taken. ions are in place, then property can be re- t zoning district designation to its new nation as appropriate. It is anticipated mission will conduct hearings and make recomm- nings. Once the rezoning process is complete ons can then be repealed as necessary. It is recommended that the city council give first reading approval to the attached ordinance amendment and schedule a public hearing and second reading for consideration at the December 14, 1981 city council meeting. Respectfully submitted, =, ,~t~ Jai c~_,.~: _. ~ ~!~ Karl Nollenberger City Manager ~' cc: Community Development Director City Planner City Clerk KN/eja • 11/18/81 INDEX TO RESIDENTIAL ZONTNG 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 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. II Amending Section 3.28, Subd. 1, providing 10 for new zoning classifications RSD, MR-1, MR-2, and MR-3. III Amending Section 3.29 by adding a new Subd. 11 15 concerning walls, fences, and hedges. IV Deleting the existing Section 3.30 and- pro- 12 viding an entirely new provision and section on the Residence (R) District. V Adding a new Section 3.30A to follow Section 20 3.30 and provide the basic definition of the new .(RSD) Residential Special District. VI Adding a new Section 3.31A with definitions 23 of the new multiple residence districts, MR-1, MR- 2 , and D4R- 3 . VII Providing a technical amendment to Section- 30 3.32, Subd. 1 (1) . VIII Providing technical amendments to Section 30 3.32, Subd. 4. IX Providing technical amendments to Section 32 3.33, Subd. 1(1). X Providing technical amendments to Section 33 3.33, Subd. 3(.a). XI Providing technical amendments to Section 33 3.34A, Subd. 2 (.5) . XII Providing technical amendments to Section 34 3.36. Ordinance Section No. Subject Matter Page No. XIII Providing technical amendments to Section 37 3.38A. XIV Providing minor amendments to Section. 3.39 38 and repealing Subd.. 2(_1).(e) entirely. XV 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.Q5, 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. a 11/18/81 Draft 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-l, 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 followin streets and roadways in the City: The Crosstown (Hi hwa No. 62); I-35W; I-494; Minnesota Trunk. Hi hway No. 77; 66th Street between Xerxes Avenue and Highway 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~~~~ f~~ (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. f33 ~ "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 used primarily for the accomodation of automobile travelers; including groups of buildings designated as auto cabins, motor lodges, motels and similar designations. f4~ (5) "Automobile Wrecking" - See Junk Yards. f53 (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. f6~ ~ "Building, Accessory" means a e~be~d}xate-b~~~d}erg, the-age-a~-wh}eh-}s-}xe}de~ta~-te-that-a€-a-~a}~-baild}erg-ems the-same-het- detached building used for any permitted accessorv use. f~3 (8) "Building Main" means a building in which is 2 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; Rae 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. f83 (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. X93 (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. f18~ (12) "Dwelling, One-Family" means a building used exclusively for occupancy by one family. f~~3 (13) "Dwelling, Two-Family" means a building used exclusively for occupancy by two families living indepen- dently of each other. f}8~ (14) "Dwelling, Multiple" means a building or portion thereof used for occupancy by three or more families living independently of each other. 3 f~3~ (15) "Dwelling Unit" means a dwelling or portion of a dwelling or o.f an apartment hotel used by one family for cooking, living and sleeping. f~43 (16) "Family" means one or more persons occupying a premises and living 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, exceedin three in number, not related by blood, marriage, or ado tion. (17} "Floor Area Ratio" means the sum total of the ross 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 orches and balconies and below grade floor areas used for habitation. Not included as gross floor areas are o en terraces, atios, atriums or balconies, car orts, ara es, breezeways, tool sheds, special purpose areas for common use of occu ants, such. as recreation room social hall, staff space for thera v or examination in in-care housin and basement s ace not used for living accomodations. Gross site area includes the site plus one half of abuttin streets and alleys. ~~5~ 18) "Garage., Private" means an accessory building for only the storage of self-propelled vehicles. f~6-} 19) "Garages, Public" means any premises except those herein defined as a private or storage garage, used for the storage or ease care of self-propelled vehicles or where any such vehicles are equipped for operation or repair or kept for remuneration, hire or sale. 4 a fl~-~ (20) "Height of Building" means the vertical distance from the average elevation of the lot along the front building line ~~ie-a~e~age-level-e~-~~ie-h}g~ies~-aid leWes~-pe~~~-e€-~ka~-pe~~ie~-a~'-~~ie-~e~-ee~e~ed-bar-eke Ht~}~d}~.g 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. f193 (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~9~ (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 round area covered by structures. f~~~ 26) "Lot, Interior" means a lot other than a corner lot. f~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 roperty 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 o en s ace which is improved and located so as to rovide outdoor livin area for residents. This shall include lawns and other landscaped areas, walkways, paved terraces and sittin areas, .and outdoor recreation areas. Outdoor open space areas shall be at least 20 feet wide and shall not include driveways, arkin 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 t 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. f86~ 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 anything 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. f89~ 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. f39~ 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. f313 37 "Yard" means any open space e~he~-~ka~-a-eee~~-ems eke-ease-}s~-w}~k-a-bra}}d}erg- on the same lot with a building, which open space is unoccupied and unobstructed. €~e~-eke g~et~~d.-epwa~d--e~eep~-as-e~ke~w}ee-g~e~aided-}e-Seed}erg-3-39-e€ ~h}e-ekag~e~- In measuring a required yard, the line of a building means a line papa}}a}-fie-eke-~ea~e9~-}e~-}ire-d~awe through the point of a building ems-eke-pe}x~-a€-a-dwe}}i~g 7 i g~et~g above grade and nearest to seek the lot line, e~e~t~s}tee e€'-tke-~eegeet~~e-a~ek}teett~a~-€'ea~t~~es-eat~~e~ated-gin eee~~e~-3-39-e~-t~iis-~l~a~ste~-as-r~et-~e-be-ee~s}deed-~~ x~east~~}eg-ya~~.-d~~exs~e~s-e~-as-~e~~g-ge~~}~~e~.-te-e~~e~~. ~r~~e-aa~*-~~e~~--side--e~-~ea~-~a~d.--~esgee~~~e~~- axd-eke-x~east~~e~te~~-ska~l-be-~a#e~-f'~e~t-the-~}e.e-a€-eke-b~}ld- }~g-fie-eke-xea~es~-~e~-~~~e- except that non-accessory buildin 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 landin s 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 cha ter. f343 (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. ~35~ 42) The term "recreational vehicles and equip- 8 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 RSD 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. M (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 conflict with any existing city sidewalk olicy nor create any sidewalk snow storage problems, and in the case of a collector or arterial street, the city mana er may likewise grant exemption from this setback. rovision when there exists at least three feet for snow stora e. (_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 b the street curb lines abuttin said corner lot and a line con- necting 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 le ally existing on IV. the effective date of this amendment shall be allowed to continue to exist and to be repaired and maintained. 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 insurin that new or replacement .development will be compatible with the detached sin le 12 family dwellings o=f..-.the~neghborhood, 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- dui ~ ~ ~'1orM-~ 6c aQ., o~ g P Subd. 2. Accessor Uses. An accessor use ermitted in an "RSD" 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. 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; 13 (d) Major public utilities; (e) Two family dwellings, subject to the followin additional requirements• (1) Lot{s) shall have vehicular access to arterial or collector streets: (_2) Two off-street parking spaces, one of which. must be enclosed, shall be provided for each dwelling unit; (3) Only 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 Covera e. (a) Minimum lot area; Single family dwellings: 6,750 square feet. Two family dwellings: 9,000 square feet. Other uses• 43,560 square feet. b) Minimum lot width: Single family Dwellings: 50 feet. Two family dwellings: 60 feet. Other uses:. 150 feet. (c) For residential uses, maximum lot Covera e shall be 25%, for other uses, 50%. No accessory build- ing may occupy more than 30% of the area of any rear yard. 14 Subd. 5. Minimum Building Setbacks. Sideyard Use Front Rear Streetside Interior (a) Single family 30' 25' 15' 5' (b) Two farnil 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; (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 upon the one-fourth of the lot abut- ting each street; (4) In the case of a corner lot, no accesso~ 15 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 buildin shall. encroach upon any one-fourth of the lot abutting any street; (6) Every foundation, floor, wall, ceilin and roof shall be reasonably waterti ht, weather- tight, rodent proof and shall be ke t in ood repair, including external a pearance; (7) Every window, exterior door, and basement hatchway shall be reasonably waterti ht, weather tight and rodent roof and shall be kept in sound working condition and good repair. (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 hei ht in excess of 42 feet. Subd. 6. Maximum heights. One and two family dwellings shall not exceed 25 feet; accessory buildin s shall not exceed 15 feet. All other buildings shall not exceed 42 feet, except that public and semi- ublic buildings, schools, churches shall not exceed 75 feet. 16 HsS-RFGHkA~~A~rs-FAR-RFS~BEPtER-B~s~R~e~-fR~ sakd~~~s~e~-~---~e~~~~~ed-Hses---~~-eke-uRu-B~s~~~e~--e~~ess e~ke~~,*}se-g~e~~ded-~~-~k~s-ekag~e~-~e-be~~d~~~-e~-~a~d-ska~~ be-esed-aid-e.e-~~}~d}~~-ska~~-ke~ea~'~e~-be-e~ee~ed-e~-s~~tte- ~a~a~~~-a~~e~ed-e~eeg~-~e~-erne-e~-x~e~e-e~'-eke-~e~~ew}erg-ases- f ~~ See.gee-~'apt}~~-d~e~~}cgs-acid-eke}~-aeeesse~~-ka}~d~e.Qs- f~~ f3~ Aex~e-eeeaga~~e~s- f4~ ~~-}s-~'ett~d-aid-de~e~~~~ed-~ka~-eke-eees.ga~e~-e€-a s~xg~e-€axt~~~-~es~de~ee-}~-a-s~~g~e-~'a~}~~-~es~der~ee-~e~gkke~keed b~-a-~~~e~-e~'-x~~e~a~ed-~e~sexs-~e~ds-~e-d}s~t~g~-aid-el}s~x~b eke-eka~ae~e~-e~-st~ek-~e~gkl~e~keed;-~ka~-saek-eeeega~e~-~exds-fie ad~e~se~~-a~~ee~-g~ege~~~-~aa~~a~}ems-e~'-eke-e~ke~-s}~g~e-~'a~~~~* ~es~de~ees-}~-seek-~e}gkbe~keed--~ka~-st~ek-eeea~a~e~-~e~ds-fie ~~~e~~e-ga~~e~~s-e~'-~~~}xg-aid-ee~dae~-Kk}ek-awe-d~~~e~e~~-~~e~ aed-e~'~'er~s~~ae-aid-a~e~~~g-fie-eke-~es~dee~s-e~'-e~ke~-s~~g~e ~a~~~~-yes}de~ee-s~~tte~e~es-~~-eke-~e~gkl~e~keed--~ka~-st~ek eeeegaxe~-~exds-~e-e~ea~e-sgee}a~-ge~~ee-~~ek~e~s-~'e~-eke-a}~~*- ~ka~-sttek-eeet~ga~e~-~s-r~e~e-~x-eke-~a~t~~e-a€-a-x~t~~~~g~e yes}deed}a~-t~se-e~-g~ege~~~*-aid-sket~~d-~e~e-agg~e~~}a~e~~*-be ~x-eke-~a~~}pie-~es~de~ee-areas-a€-eke-e~~~--aid-~ka~-sttek eeet~ga~e~-e€-a-~es~dea~~a~-t~x~~-}~-a-~tt~~~}~~e-~es~de~ee-sere e~-eke-e~~~-}s-less-~~3~e~~-~e-~esa~~-}x-st~ek-ad~e~se-}~~'~ttexees ems-seek-ad~e~se-~e~~t~exees-~,*~~~-be-~e~a~~~-absea~-}~-sttek ~x~~~~~e-~es~dexee-~eae9---~~-~s-t~x~aN€t~~-€e~-a-g}Agee-~'ax~~~~* 17 ~es~~e~ee-s~~ee~a~e-}x-~~e-yes}~ex~}a~-areas-~e-~e-eeeag}e~- ~~-a-~~ea~-e€-}~~~~~~~a~s;-e~eee~}~~-~~~ee-~~-~e~e~--k~e-awe xe~-~e~a~e~-~~-~~ee~--~a~~}ale-e~-a~eg~~ee- 6a~~--~---Hses-~~-8~ee}a~-Hse-Re~~~~---~~e-~e~~ew}~~-Wises-awe ge~~~~~e~-e~~~-~ge~-~~e-g~eee~e~e~~-e~-sgee~a~-ase-ge~~}~s-as g~e~~~e~-~~-6ee~~e~-3-4~-e~-~~~s-e~ag~e~r f~~--E~e~e~es--~}~~a~}es--~asea~s--se~ee~s--~e~e~~a~ ~a~~~}ens-f~~e~~~}~~-~a~e-g~a~es-a~~-~~~~e~}~-~ea~~s ~ee~}~~-~~e-~e~e~~e~e~~s-e~-~~~s-ee~e~- fS~--E~a~s--~e~~-ee~~ses;-~s~ges--~~a~e~~}~~-e~-se~e~~~~ ~e~ses--H~~~e~~-se~~~ees-~s-~~e-~~~~~e-eas~e~a~}~~-ea~~~e~ e~-as-a-~es~~ess- f3~--Hes~~~a~s--e~}ayes-a~~-e~~e~-~e~~~}~~s-ese~-~e~-~~e ~~ea~~ee~-e~-~~~a~-a~~~ee~s- X43--P~~~a~~~~eg~e-a~~-e~a~~~a~~e-~es~}~a~~e~s-e~~e~-~~a~ ~~ese-~e~e~e~e~e-~e~~}eee~- f53--~~e-#eeg}~~-e~-~e~e-~~a~-ewe-~ea~~e~s-~~-a-yes}~e~ee €a~~~~- f6~--Pa~~}e-a~}~}~~-~es~a~~a~~eas- 8e~~--3---He}~~~-Re~e~a~~ees---He-~e~~~}~~-s~a~~-~e~ea~~e~-fie e~ee~e~-e~-s~~ee~~~a~~~-a~~e~e~-~~-~~e-~es~~e~ee-~~s~~~e~-~s e~eee~-35-~ee~-e~-~~-s~e~~es-~e-~e}~k~-sa~~ee~-~e-~e~~~}ea~~e~s axe-exeeg~~exs-g~e~~~e~-~x-Seed}ea-3-39-e~-~~~s-e~a~~e~- 18 Sa~~--4---~e~-Area--~~e~~a~e,=a~~-~a~~-Reba}~e~ee~s---~~e-€e~~eN}~~ ~e~e~~e~ee~s-s~a~~-~e-e~se~~e~-~~-a~~-~e~~~~e~s-~~-~~e-uRu-~~s~~}e ~e~ea€~e~-e~ee~e~-e~-s~~~e~e~a~~~-a~~e~e~;-se~~ee~-~e-~~e-~e~~~}- eat}ees-g~e~~~e~-~~-6ee~~ee-3-39-e~-~~~s-ekag~e~- f~~--~e~-Area---R~e~~-~e~~~}~~-~es~~ee~-~e~-~~e-Reas~e~-e~ eee-~a~}~~--~e~e~~e~-w~~~-~~s-aeeesse~~-fie}~~}ens--s~a~~-fie ~eea~e~-ae-a-~e~-}~-eee-eHee~s~}g-~a~}~~-ae-area-e~-eel-less ~~ae-8-899-s~~a~e-€eee-}ee~a~~eg-~~e-a~~aeee~-eee-~a~~-a€-~~e a~e~~~e~-a~~e~- f~~--R~ee~-~a~~---Rae-~~~~~}e~-s~a~~-~a~e-a-~~ee~-~a~~-e~ ee~i~ess-~~ae-39-~ee~-se~~ee~-~e-~s~}€~e~-~e~a~~e~ee~s-eee- ~a}eel-}e-Seed}ee-3-39-e~-~~}s-e~ag~e~- f3~--8~~e-~a~~---Saes-~~~~~}e~-s~a~~-ka~e-ewe-s}fie-~a~~s; • eee-ee-easy-s}~e-e~-~~e-~a}~~~eg---~~e-s~~e-~a~~s-~e-~~e-ease e~-~~-s~a~~-e~-s~a~~e~-~e}~~~e~s-s~a~~-~a~e-a-W}~~~-e~-eel less-~~ae-~~~e-€eee-ae~-}e-~~e-ease-e~-~a~~e-~a}~~}ens-spa}~ ~a~e-a-w~~~~-e~-eel-less-~~ae-fee-~ee~--se~gee~-~e-~e~~~~ea~}ees ae~-see}~}ea~~ees-g~e~}~e~-€e~-}e-8ee~}ee-3-39-e~-~~}s-e~ag~e~- Saes-~We~~}e~-~eea~e~-ee-a-ee~ee~-~e~-~e-seed-~~s~~~e~-s~a~~-~a~e a-s}~e-~a~~-ee-~~e-s}fie-a~e~~~e~-egee-a-s~~ee~-a€-eel-less-~~ae ~~e-~~e~~e~-~~ee~-~a~~-~eg~~-~e~e}~e~ee~-ee-~~e-a~~e}e}e~ ~e~e~~e~-~e~-~e~-~~}s-s~a~~-eel-~e~eee-~~e-~a}~~a~~e-W~~~k e~-ae~-es~ee~-~e~-fie-less-~~ae-38-~ee~- f43--Reams-~a~~---Eae~-~e~~~}e~-s~a~~-~a~e-a-~ea~-~a~~ e~ea~-~e-~wee~~-~e~eee~-a€-~~e-~eg~~-a€-~~e-~e~-fie-a ~a~}~e~-~e~e}~e~-~eg~~-e~-~5-~ee~- 19 V. .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 conserve 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 existin .low density large lot development of these neighborhoods. Subdivision 1. Principal Use: Single family dwellings. Subd. 2. (b) (c) 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 or physically handicapped persons. 20 (h) Home oceupat.ons; (i) Private driveways and sidewalks. 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 Garin for more than six children or mentally retarded or physically handicapped persons. Subd,. 4. Requirements for Lot Area, Width and Covera e: (a) Minimum lot area shall be 10,000 square feet for a single family dwelling; b) 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. 21 Subd. 5. Minimum Building Setbacks: sideyard Front Rear Streetside Interior (a) Single family 30' 25' 15' 10' (b) Accessory 30' 2' 15' 2' (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 h k l suc ey ot. (d) Additional requirements for accessory buildin s: (1) An accessory building shall not be closer than five feet to the main buildin (2) In the case of an interior lot abuttn 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 upon the one-fourth of the lot abutting each street. 22 (4) In the: ,:,case of a.corner lot, no accessory building shall be-located forward of the building front line om its extension. If a corner lot adjoints 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 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: 23 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.' Subd. 1. Principal Uses: (a) District MR-l: Residences containing two dwellin units and any use permitted in the "RSD" 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. Accessorv Uses: (a) Parking areas and garages; (b) Greenhouses and garden houses; (c) Storage buildings; (d) Recreational facilities, courts, swimminct pools, play areas, tot lots, benches and picnic areas; (e) Paved driveways and walkways or bicycle paths; (f) Minor public utility facilities. 24 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 an requirements for lot area, setbacks or height in such districts. 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. Sb) Required Lot Dimensions: The minimum lot width in 25 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. (c) Maximum Lot Coverage: . District Max. Lot Coverage MR-1 25 0 MR-2 25% For other uses, the maximum lot covera e 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 Buildin s: (a) MR-1 District: Front Rear 30' 25' b) MR-2 District: Sideyards Streetside Interior 15' S Front Rear Streetside 30' 25' There shall vided equal building or is greater. 10' ideyards Interior be sideyards pro- to the height of 20 feet whichever 26 (c) MR-3 District:- Sideyards Front Rear Streetside Interior 35' 35' There shall be sideyards pro- vided equal to the height of building or 35 feet whichever is greater. (d} 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. (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 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 27 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: (6) An accessory building located within the rear yard shall have a minimum five foot interior sideyard setback,. and may have a zero rear .. iL .l_ f) Additional requirements for other allowed uses: No building shall be located within 50 feet of 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 S quare Feet: Efficiency dwelling unit: 500 square feet. 28 l One-bedroom dwelling unit: 650 square feet. • Two-becroom dwelling unit: 800 square feet. Dwelling units containing more than two bedrooms shall have 150 additional square feet for each bedroom in excess of two. 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 following 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 adjacent structures. 29 VII. section 3.32, Subdvsion_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 specified in this chapter, the following uses are permitted: (1) any use permitted in an "R", d~e~~~e~-ems-ate "MR", "RSD" , "MR-1" , "MR-2" , Or dri "MR-3" d1StrlCt, 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 30 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 3.3.9, Subdivision 2, Paragraph (2). If the building lot abuts upon more than one street the area between the building and each of such streets shall be regarded as front yard. (3) Side Yard:. No side yards shall be required except as follows: • (a )' On a corner lot adjacent to a key lot in a residential district there shall be a 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 31 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 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", ~~e~~~e~-ems-aa "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. 32 J X. Section 3.33, Subdv"s ion 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 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) 33 (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-l" district shall be allowed in a PC-l district. Uses allowed in a "C-2" district shall be 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. 34 • Subdivision 1. Outdoor Advertising Signs, R, e~' MR, RSD, • MR-1, 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. (2) Non-illuminated or exceeding ten square feet in sale, rental or lease of the bulletin. boards of schools, institutions permitted in such nonreflecting signs, not area pertaining only to the premises which displayed; or churches, and other public 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 Si gns, C or I Districts. Outdoor advertising signs, billboards, real estate signs and 35 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 required to insure proper vision and safety to the. traffic on such streets and highways. (3) No such sign shall be .permitted. which faces on 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 districts .designed for residential. uses within 100 feet of such lot 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. Comp liance with Part V of this Chapter. All advertising signs erected or used within the city shall be subject to the provisions of Part V of this chapter. 36 lot line and not closer .than twelve feet to the curb line of i 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", "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 38 code as applied to ar~~*-aid-a~~ commercial and industrial _ districts e~eeg~-e~ke~w~se-g~e~a}ded are subject to the followin ~ exceptions and modifications: Subdivision 1. Height. (1) In any district, public and semi-public buildings, schools and churches, hospital s_ 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 • a height .exceeding that hereinbefore specified for the respective district; but the total floor area of the buld- 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. 39 (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 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. 40 (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-aeeeese~~*-b~}~d}~g9-ix-~e9~de~~}a~-d~et~}ens ska~l-eeefe~~-te-eke-~'s~~ew}erg-add.}~~s~a~-~eq~~~ex~e~~s-a9-~s ~~ie~~-~eea~}e~9-ttge~-eke-~e~- f a~ ~~-~~ie-ea9e-s~'-a~~-~~~e~~a~-~e~-abtt~~}gig-ege~-exe e~~ee~--rye-de~ae~ied-aeees9e~y-~~~~d}gig-sha~~-be-e~ee~ed-e~ a~~e~ed-ee-as-~e-eee~eaek-t~gee.-~~ie-~'~e~~-ka~~'-e~'-eke-~e~- 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 nearest either street or in any case 'nearer to the estab- lished building line on either street frontage. f53 ~ 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 lot 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. E63 (5) In the case of a corner lot abutting on more. • 45 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. f~3 (6) 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. 44 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, ~e-a-t~a~}x~~~-e~-~~€~y-~ee~---the-saute ~t~le-shall-agpl~-~~-any-e~he~-d~s~~~e~ provided that fly 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. aid-f~~-eke-~~€~y-feet ~ta~i~tt~x~-shall-met-be-aggl}eagle-~h-a~~r-ee~te~e~al-e~-}~d~s~~~al ~~st~}et. 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. f4~--fix-ease-a-dWelll~tg-~s-legated-erg-a-let-se-tkat-}ts €~e~~-axd-~ea~-€aees-aay-s~de-let-ll~e--eke-dwell}x~-shall-be xet-less-t~iae-~5-€ee~-f~e~t-tke-let-l}xe. f53 ~ 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. 43 e€-eke-€e~ee-e~}ess-~ke~*-aye-des}gxed-as-ax-}e~eg~a}-ga~~ e€-eke-€exee---eke-~e~~t-ukedgesu-as-esed-}e-~k}s-~a~a- g~apk-ska}}-xe~-~r~e}t~~.e-€~ees---A}}-wa}}s--€eaees-arid key.ges-abe€€~~g-ee-€he-pxb}~e-~}gk~-e€-Kay-ska}}-ke-set bae3~-~k~ee-€eel--€~e~-€ke-gttb}}e-~~gk~-s€-way-e~eep~ aka€-Wa}}s--€er~ees-arid-kedges-abet€~~~g-e~-gt~b}}e-~}gk~- s€-Wad-wk}ek-}s-eex~~gt~et~s-~e-~er~-ee}}ee~e~-e~-aex- a~~e~~a}-~eadwa~s-as-des~g~a~ed-H~r-~ke-adeg~e~-eex~g~ekex- s}~e-g}aa-~a~-ke-e~ex~~€ed-€~e~-~k}s-set-bae#-g~e~}s}ea Frker~--~~-€ke-eg~r~~ee-e€-eke-e~~~*-~ar~age~-st~ek-e~ex~~€~ee. *„*}}}-eel-eery€}}e~-w}~k-ar~y-e~~s€}~~-a}€y-s}deWa}3~-ge}}ey rie~-e~ea~e-axe-ge~e~€~a}-sr~eW-s€e~age-g~eb}ems---Barbed w~~e-arid-a}ee~~}e-€epees-awe-g~ek}b~€ed---Fer~ees-ska}} be-set-baek-~k~ee-€eel-€~e~t-~a~#}erg-areas---9r~-any • ee~xe~-}e~-xe~k}xg-ska}}-be-epee€ed--~}aeed--g}ar~~ed-ems a}}eked-~e-g~eW-~~-seek-a-~a~~e~-as-~e-ebs€~tte€-~~s}ems bebwee~-€ke-ke~gk€-a€-~Fre-axd-erne-ka}€-€ee~-abe~e-aid ~er~-€eel-abe~e-eke-}x~e~see~~ex-a€-eke-ee~~e~-}~~es-a€ eke-~~€e~see~~~g-s~~ee€s-~~-eke-area-bet~r~ded-by-€ke-s€~ee€ ett~b-}~~es-abe€€~r~g-sa}d-es~~e~-}e€-aed-a-}}tee-eeasee€}ag ge}a€s-er~-€ke-abt~€~}eg-e~t~b-}}aes-€}€~~*-€ee~-€~e~-eke }e€e~see€}ems-e€-eke-erF~er~s~er~s-a€-eke-ee~b-}}aes---A}} €e~ees--wa}}s-aid-kedges-}ega}}y-e~}s€}eg-ee-€ke-a€€ee€}sae da€e-e€-~k}s-a~eed~xee€-ska}}-be-a}}eWed-€e-ee~~}r~xe-fie e~}sb-acid-€e-be-~e~a}~e~-aid-~-a~a~a~xed- (2) In any yes}dex~}a} commercial or industrial dis- • trict where 25% or more of. the lots in any block located in 42 (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 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-waif--~e~ee-sue-kedge-may-eeet~g~*-ga~~-e~'-eke ~egx}wed-~a~~--e~eeg~-~ka~-f~~-ke-Fta~~--~exee-e~-~iedge ~e~e-~ka~-~'ett~-feed-ie-keigk~-skald-be-eeee~~t~e~ed-e~- ge~~i~~e~-be~kee~-eke-~~e~~-lime-a€-eke-lei-aael-eke-€~ee~ lime-e~'-eke-Ha}~d}eg-e~~exded-fie-eke-aide-~e~-1}~e9--~~~ ae-wall,--~e~ee-ems-kedge-~e~e-~ka~-six-€ee~-ix-keigk~ shall-be-eexe~~tte~ed-e~-ge~~i~~ed-ex-any-~ea~-yard-ems si~eya~d--aed-f33-rye-wail--1'exee-e~-kedge-~e~e-~ka~-€'ex~ ~'eel.-ie-keigk~-skal1-ke-ee~e~~~te~ed-e~-ge~~~~~ed-ems-eke eideya~d-ex-eke-aide-akt~~~ixg-t~pex-a-s~~ee~-e~-ee~ee~ lei-wkiek-abed-eger~-a-key-lei---A~1-pes~e-ea-a~~-€'eeee ~eea~ed-e~-e~-~ea~-eke-lei-lime-ekail-be-ex-eke-ir~eide 41 XIII. .Section 3.38A of She Ordinance Code of the City of Richfield, Minnesota, is hereby amended to read as follows: 3.38A. RECREATIONAL VEHICLES AND EQUIPMENT: 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 es ablished to promote the safe use, storage and parking of recreational 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 may be parked or stored in an _R e~ MR RSD MR-1 MR-2 or "MR-3" district9 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 37 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~~} ~ No detached accessory ...building shall be within five feet of the side line.. of the. front half of any adjacent lot except as hereinbefore specifically permitted. f8~ ~ No garage with doors facing. upon the street shall be within 20 feet of the lot line. f9~ ~ The foregoing rules shall not require: (a) .Any detached accessory building to be more than 75 feet. from any street line .bounding the. lot. (b) The street side of any detached accessory • building to be nearer to the lot line .opposite the street line. than 20 feet. (c) A private garage to be separated from the front and side lines of the lot where the slope of the front half of the lot is greater than one foot rise or fall in a distance of seven feetfrom 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. St~bd--4---Hge-e~-F~ie~~eg-beds---~~-axe-d~9t~iet-W}3e~e-dwe~~~xgs aye-ge~x~}~~ed--a-eixg~e-~'a~}~y-~Wel~ir~g-may-be-leea~.e~-ex-axy 46 ~e~-e~-g~a~-e~'-e~€}e~a~-~eee~d-ae-e~-9e~ehe~-~--X954--}~~esgee- ~~~e-e€'-~~s-area-e~-w}d~~i--g~s~}~e~.; -kewe~e~; -~~ia~-~e-~e~-s~ia~~ be-dee~ted-~e-be-~e9s-~ha~-58-~ee~-w}de-~~-a~~-ease. Subd. 5 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. 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 ,an lots in a plats or subdivisions shall be 8,000 square feet- and ~~ie 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 apply. 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 s 47 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 Mayor ATTEST: City Clerk • • 48 4 ('A f , • ORDINANCE N0. AN ORDINANCE AMENDING SECTLON 4.05, SUBDIVISION 1,, OF THE CITY CODE OF THE CITY OF RICHFIELD, MINNESOTA, BY ADDING THE "RSD" 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 "RSD" 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 a J r r ., of vehicular and pedestrian traffic `in accordance with 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: City Clerk • .~ // CITY OF RICHFIELD, MINNESOTA Office of City Manager Council Letter No. 407 Agenda November 23, 1981 The Honorable Mayor and Members of the City City of Richf field Council Members: Subject: History Council Transitory Ordinance Relating to Vacation Of a Portion of Lake Shore Drive. First Reading In February, 1981, the city council considered an ordin- ance which would vacate the portion of Lake Shore Drive elim- inated after it is realigned to meet Rae Drive as part of the 66th Street improvement project. Because negotiations were still going on between Hennepin County and owners of the proper- ties necessary to carry out the realignment, no final action regarding the street vacation was taken. Subsequently, nego- tiations have been completed, Hennepin County has acquired the necessary properties, and Lake Shore Drive has been realign- ed. It is now necessary to proceed with the street vacation so that the vacated right-of-way can become part of the Lake Shore Drive condominium project site. Staff Findincts The staff has reviewed the proposal and found the follow- ing: 1. That the proposed vacation is in substantial com- pliance with the regulations governing street va- cations; 2. That utilities exist on Lake Shore Drive. These utilities are owned by the City of Richfield, Northern States Power Co., Minnegasco, and North- w~stern Bell; 3. That, since the street has been realigned, the por- tion of right-of-way to be vacated would not serve any public purpose. If this portion of Lake Shore Drive is not vacated, the city would be responsible for unnecessary maintenance costs; Council Letter No. 407 -2- November 23, 1981 4. That the proposed vacation would not be detrim- ental to the safety or welfare of the general public . Staff Recommendation Since the proposal will not be detrimental to the public welfare the staff recommends approval of vacation of this por- tion of Lake Shore Drive, with the following stipulation: 1. That the necessary utility easements be granted. To accomplish this, it is recommended that the council give first reading approval to the attached transitory ordin- ance. It is further recommended that the council schedule the public hearing and second reading consideration of this matter for December 14, 1981. Planninq Commission Recommendation The planning commission recommends approval of this street vacation, with the noted stipulation, and with the stipulation that the vacation take effect subsequent to acquisition of the three parcels of property necessary to carry out the realignment. Respectfully submitted, Karl Nollenberger City Manager cc: Community Development Director Housing and Redevelopment Coordinator City Planner City Dngineer KN/eja TRANSITORY ORDIN71i~ICE NO. * f t A TRANSITORY ORDINANCE FOR TIIE VACATI0~1 OF A PORTION OF LAKE SHORE DRIVE Section 1. The following portion of Lake Shere Dri~.~e within the City of Richfield, County of Hennepin, State of Minnesota, is hereby vacated: All that part of Lake Shore Drive as dedicated in the plat of "Fairwood Shores" according to the duly recorded plat thereof, Hennepin County, Minnesota, which lies northerly of a line drawn parallel with and distant 38 feet northerly of the following described line: Beginning at the intersection of the center line of Emerson Avenue South (as shown in the plat Silverwood Second Addition) and the south line of the North 1/2 of Seetion 28, Township 28, Range 24; thence run easterly for a distance of 253.0 feet to a point distant 8.0 feet north of the south line of North 1/2 of said Section 28; thence deflect right at an angle of 1° 48' 43" for a distance of 54.06 feet; thence deflect right along a tan- gential curve having a radius of 572.96 feet (delta angle 18° 07' 00"} for a distance of 181.17 feet; thence run tangent to said curve for a distance of 409.77 feet; thence deflect left along a tangential curve having a radius of 572.96 feet (delta angle 40 55' 19") for a distance of 49.22 feet to the actual point of beginning of the line to be described; thence de- flect right at an angle of 810 37' 25" (measured from a tangent of said curve) for a distance of 77.03 feet; thence deflect left along a tangential curve having a radius of 100 feet for a distance of 113.45 feet (delta angle 65° 00' 00"); thence run tangent to said curve for a distance of 77.20 feet; thence deflect right along a tangential curve having a radius of 373.52 feet for a distance of 195.47 feet (delta angle 290 59' 02") and there termi- nating, and southerly of a line drawn from the northeasterly corner of Lot 1, Block 1, Lynnurood, to the north~~resterly corner of Lot 12, Block 3, Fain~ood Shores, according to the duly recorded plat thereof. Section 3. The City of Richfield, Minnesota will retain a permanent easement over, under and across the above described tract of land for maintaining existing utilities. Section 4. The Mayor and Manager are authorized to take such action as is required to give effect to the vacation or the public right- of-way as provided in the foregoing section. Passed by the City Council of the City of Richfield, Minnesota, this day of 1981. Dona AT_ES~'. ylvia K. Bergh City Cler Priebe Mayer C .\ ~~ ~'~' I~.I F"' C~ f •.- ~6 r CITY OF RICHFIELD, MINNESOTA Office of City Manager Council Letter No. 406 Agenda November 23, 1981 The Honorable Mayor and Members of the City Council City of Richfield Council Members: Subject: Request for Variance, 6319 Newton Avenue The city council continued a hearing on a request for a variance at 6319 Newton Avenue from November 9, 1981 to the November 23, 1981 city council meeting. Attached for the council's review is the Novem- ber 9 council letter regarding the variance request. Subsequent to the November searched the circumstances of a Newton Avenue, which is similar at 6319 Newton Avenue. We have permit or variance ever issued tion of the zoning ordinance. 9, 1981 hearing, the staff has re- carport structure, located at 6334 to the one proposed for construction found no evidence of a building for that structure, which is in viola- The staff still recommends denial of the requested variance at 6319 Newton Avenue. KN/eja Respectfully submitted, ~1~ ~ ~t'~ ~~ ~:~ Karl Nollenberger City Manager cc: Community Development Director City Planner CITY OF RICHFIELD, MINNESOTA Off ice of City Manager Council Letter No. 376 Agenda November 9, 1981 The Honorable Mayor and Members of the. City Council City of Richfield Council Members: Subject: Request for Variance, 6319 Newton Avenue South PROPOSAL Mr. Walter Hoppenrath has submitted a request for a variance to reduce the required front yard setback from 30 feet to 15.75 feet. The variance will allow the construction of a freestanding carport. The proposed wood frame structure will be roofed and the sides will be open. The structure is to be located in front of the applicant's existing one-car garage, and would be 15.75 feet from the front property line. The property is an interior lot and is zoned "R" single family residential. ZONING ORDINANCE REQUIREMENTS Section 3.30, Subdivision 4 of the zoning ordinance sets lot and yard requirements for single family residential lots. Section 3.40, Subdivision 6, lists three conditions which must be met before a variance may be granted. STAFF REVIEW The staff has reviewed this proposal against the three conditions necessary for granting variances and found the following: 1. That there are no special conditions affecting this lot. This is a typicaly sized lot and is not significantly different than any other lot in the city. 2. That denial of this application will not preclude reasonable use of the property. 3. That although the proposal is an improvement to the applicant's property, the reduced setback is a substantial departure from the required 30 feet. The staff is of the opinion that the proposed 15.75 foot setback is contrary to community standards and undermines the intent for requiring setbacks. The intent for front yard setbacks is to provide for uniformity, suf- ficient yard space and separation of streets and buildings.. The staff is of the opinion that the proposal therefore does not meet this condition. Council Letter No. 376 -2- November 9, 19.81 STAFF RECOMMENDATION Because the proposal does not meet all three. of .the conditions necessary for granting variances, the staff recommends denial of the requested variance. PLANNING COMMISSION RECOMMENDATION The Planning Commission recommends denial of this requested variance. Respectfully submitted, Karl Nollenberger City Manager KN/sh cc: Community Development Director City Planner -- :- ~ ~ ~~ "• MR WALTER C HOPPENRATH ~~ . 6319 Neuron Ave S ~' (:; -- - Richfield; MN 55423 ~~ `- - ~'{:~ :~ ~ ~ -_ -1 _ -- ' .i ~''°~ ~.. u.e~. ,o°:~.~,. D o°:r_Q _~ _ _ - ` - '~T ~ ~ - ~ .. -. _ .. °. _ .- ~4 -. ....~-~~ _ ., :Y ,~:.;vw».~: ~ _-yt. ~s3~,:,Y: e,Sa, _ ~7c .:..+~ ,. ~! - "`'~ ~.... x ~~ MR WALTER C HOPPENRATH ~~~ 6319 Nowton Ave S . . '" ~ - - ~ Richfwitl, MN SSa23 4 n ,." _.. .. \. .. v~ .: f ~ r ~~ i ti ~~~, f ~,,,,,._ I~ ~ ;~ ;, ~~ i :/ T Z W Q ~ Z r M ~ tC H W Z -~~ I -~I Scale: 1"equals 20" ~. ~~ :`4 " October 22, 1Q81 ...~r.,y~4.. Planning Commission ~~." ~ y; I'%~ ~~, City of :~ichfield 6700 Portland Ave. South ~-.,f.. ro. ,;,,.;, -; - : _ Richfield., MN 55423 ~.:~r ,~. ,•.:_~..~ .. , Gentlemen• I have my doubts whether or not Mr. HopFenrath should be granted a variance to reduce the. required 30 feet-front yard setback to 13 feet. This seems to be getting pretty close to the street and I ~donder if it would bla^.k out my view of the traffic coming down Newton Ave: as I back out of my dri~re way. If a variance is granted in this .case would other people on +.he block be entitled to the same consideration. If others were to build this close to the street I feel it would not be an assest to the neighborhood. Sincerely, ~~ .., J Betty Achterberg 6305 Nbwton Ave. So. 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L G • ~ ' . -_~~-- - ~9 CITY OF RICHFIELD, MINNESOTA Office of City I~lanager The Honorable Mayor and Members of the City Council City of Richfield Council Members: Council Letter No. 405 Agenda November 23, 1981 Subject: Resolution Establishing License, Permit and Miscellaneous Fees There is a public hearing scheduled for the November 23, 1981 city council meeting regarding various license, permit and miscell- aneous fees which the city charges pursuant to requirements of city ordinance. On November 9, 1981, the city council gave second reading approval to an ordinance amendment which authorizes the es- tablishment of such license, permit and miscellaneous fees by city council resolution, rather than by ordinance, subsequent to a public hearing, Attached to this council letter is a copy of the resolution which would establish License, permit, and miscellaneous fees. The fees contained in this resolution encompass all of the building re- lated fees, all of the zoning, land use and related fees, and all of the business and commercial related licenses issued by the city. The numbers shown in parentheses are the present fees; they are sho~~m for comparison purposes, and will not be a part of the final, adopted resolution. The increased revenues anticipated from implementation of this fee schedule are as follows: 1981 1982 Percent Revenues Revenues Increase T~uicL.licenses $70,000 $ 91,000 +$21,000-30°s Building-related permits 85,000 120,000 +$35,000-41a General govt (planning special use permits, etc) 15,000 28,500 +$13,500-90s During deliberations on the 1982 proposed budget, council members indicated support for a policy of establishing fees at a level to re- cover the city's costs of providing services related to such fees. The fee structure contained in the attached resolution has been de- veloped to more accurately reflect the city's current cost of issuing various licenses and permits. In some instances, the proposed fees are still not adequate to fully recover the city's costs; however, since the proposed fees represent substantial increases over the ex- Council Letter No. 405 -2- November 23, 1981 fisting fees, it is the opinion of the staff that it might be pre- ferable to restructure the fee schedule to a point of fully recover- ing our costs over a period of two to three years, rather than doubling or tripling fees all in one year. The adopted ;1982 budget revenues assume that the attached fee schedule will be implemented, and any reductions in the proposed fees will further widen the gap between revenues and expenditures in the 1982 general fund. At the conclusion of the public hearing;. it is recommended that the city council adopt the attached resolution establishing licenses, permits and miscellaneous fees. Respectfully submitted, ,, Karl Nollenberger City Manager cc: Program Directors City Clerk KN/eja • RESOLUTION N0. RESOLUTION ESTABLISHING LICENSE,. PERMIT AND MISCELLANEOUS FEES PURSUANT TO THE PROVISIONS OF APPENDIX D OF THE ORDINANCE I CODE OF THE CLTY OF RICHFIELD j 1 BE IT RESOLVED by the City Council of the City of Richfield, Minnesota as i follows: Section 1. Establishing Fees; Table of Cross References. License, permit and miscellaneous fees required under the ordinances of the City of Richfield shall be as contained in the following sections of this resolution. The following table cross references the sections and subdivisions of the ordinance code to the sections and paragraph numbers of this resolution: Ordinance Code This Resolution ` Section Subdivision Section Number 3.04 4 2 11, 12 and 3 4 3.04 6 (2) 3 5 3.04 6 (4) 2 12(q) 3.05 3, 5 2 2, 13, 15-30 and 3 1, 3 3.06 2, 3, 10 2 1, 2, 4, 7, 9-A, 36 3.09 11 2 32 3.16 6 2 3 3.34A 13 4 1 3.40 3 4 2 3.41 8 4 3, 6(a) 3.42 10 4 4 3.47 6 3 2 3.47 11 2 33 3.47 17 2 34 3.54 9 4 5 4.02 7 2 31 4.03 4 2 9 4.04 3 2 8 4.05 3 2 35 and 4 6(b) 4.07 5 2 5, 6 4.17 5 8 5 5.08 2 1 5.09 1 5.12 1, 2 1 5.17 4 5_ 1 5.18 5 5 2 5.19 5 5 3(b-f) 1 5.19 16 (2) 5 3(a) 5.20 4 5 4 { 10/26/81 d.2 ORDINANCE CODE CITY GF RICHFIELD, NIINNESO ~ ~~ ..~ . / Ordinance Code This Resolution Section Subdivision Section Number 5.21 5 5 ~ 5 5.22 5 5 j± 6 5.23 3 5 7 I 5.24 4 5 8 5.25 4 .5 9 5.26 5 ~ 10 5.27 3, 4, 8, 18 5 12(a-d,. i) 5.28 6 - 5 12 (e-f) 5.29 4 7 1 5.30 4 5 11 5.34 3 6 1 5.35 3 6 2 6.01 9 6 3 and 7 2, 3, 4, 5 _ 6.03 4 3 6 6.03 7 2 14 6.04 16 7 6 6.05 5, 8 7 7 6.06 10 (1) 6 4 6.06 17 (2) 7 8 6.a7 5 6 5 6.08 5 6 6 6.11 3 7 9 6.13. 4 7 10 6.14 5 6 7 1 6.15 5 7 11 6.16 4 7 12 6.17 3 9 1 6.18 4 7 13 - 6.19 5 7 14 6.19 10 9 2 6.20 4 6 8 6.21 6 6 9 6.22 4 6 10 6.23 7 7 15 8.03 6 2 10(a) - 2 9-A(a) 8.13 2 9-A(b) 8.21 2 10 (b) 10.05 5 (4) 5 12 (g) 10.06 4 5 12(h) 11.02 6 8 1 11.03 9 (1) 8 2(a) 11.03 9 (3) (5) 8 4(a) 11.03 10 8 2(b) 11.03 20 (3) 8 3(a) 11.06 8 (1) 8 2(c) 11.06 8 (3) (5) 8 4(b) I 10/26/81 d.3 ORDINANCE CODE CITY OF RICHFLEhD, ti11NNES0 f;; 11.06 20 (3) 8 t ~ 3(b) 11.07 3 8 2(d) ' 11.08 8 8 3(b) 8 1 4(c) 12.04 5 4 i 7 i :~ I I i i 10/26/81 1 d.4 i ORDINANCE CODE CITY OF RICNFiELD, "~11NNE~0 f : 1 Section 2. Construction and Related Permit Fees and Charges TYPE OF PERMIT SECTION OR LICENSE REQUIRING TOTAL VALUATION FEE SCHEDULE FEE (1) Building 3.06 $ 1 - $500 Minimum $10 ~ ~ -5) Permits \ (~i ~ ~) (~~P ~ J $ 501 - $ 2,000' $10.00 plus $1.50 for each $100 or fraction thereof '70 00O i-~ o,,S~ over 500. ~ ( ~' 3~ C ~ xs ~ 15 8 ~ z Iq __ $ 2,001 - $ 25,000 $32.50 plus $6.00 for each a~~ ~~ 3 $1,000 or fraction thereof over 2,000. $ 25,001 - $ 50,000 $170.50 plus $4.50 fora 33`~ C`~ 3 each $1,000 or fraction thereof over $25,000. C~'~~;~-) C~"z~ $ 50,001 - $100,000 $283.00 plus $3.00 for each $1,000 or fraction thereof over $50,000. ~~~9.4-~ (~z~ $100,001 - Plus $433.00 plus $2.50 for each $1,000 or fraction thereof over $100,000. (2) Fire 3.06 Based on Building Permit Extinguishing fee schedule with a minimum of $15 System Permit (3) Swimming 3..16 -Permanent above or below ground. pools are based on Building Permit. -Portable Pools $10 -No fee shall be charged for construction or erection of any pool 24 inches or less in depth at its deepest part and not exceeding 177 square feet in water surface area. (4) Plan 3.06 50% of building permit fee, except no fee for the Checking and following: State (a) Existing single family dwelling alterations Building when habitable area is not enlarged. Code (b) Single and two family dwelling repair and maintenance work. (c) Commercial and industrial repair and maintenance work not exceeding $1,000. t 10/26/81 d.5 , ORDINANCE CODE C,, Y GF ZICHFIELD, ~11NhJESO ~.^: ' Section 2. Construction and Related Permit Fees and Charges - cont'd • TYPE OF PERMIT SECTION OR LICENSE REQUIRING TOTAL VALUATION FEE SCHEDULE (5) Dwelling 4.07 Pre-Inspection Fee: Moving -IN Richfield (6) Garage 4.07 Moving {7) Structure 3.06 Demolition (a) Commercial -OUTSIDE Richfield Moving Permit Fee: -WITHIN Richfield -INTO Richfield Moving Out of City Pre-Inspection Fee (if relocate in City) Moving Permit Fee first stall -Plus each adjoining stall Moving out of City Demolition cost as per Building Permit Schedule with a minimum of FEE $25 $50 $25 $50 $25 $15 $10 $ 5 $10 $15 $15 (*~~~ $15 C i> l $ 5 $ 5 $15 ~~ ~~ $50 C ~~z~) (b) Dwelling: b.I One or two story b.2 Multiple First Unit -plus each additional unit b.3 Residential -Garage and other lesser structure (8) Driveway, 4.04 Sidewalk, Curb Except when survey and grade and Gutter Construction stakes are set by the City (9) Sewer 4.03 For each transverse excavation and .Excavation each 300 feet or portion thereof of longitudinal excavation. (9-A) Utility Abandonment a. Sewer 8.03 b. Water 8.13 (10} a. Sewer 8.03 Construction b. Water 8.21 Service Connection ORDINANCE CODE $15 ~~ 5~ $7.50 ` $7.50 Residential $12.50 ~~ 7 ~~ Industrial/Commercial $20 ~ #~~~ As per Ordinance ~ To connect to existing water service leads at the curb box $10 10/26/81 d.6 CITY OF RICHFIELD, ".1lNNE~t~ ~A Section 2. Construction and Related Permit Fees and Charges - cont'd TYPE OF PERMIT SECTION OR LICENSE REQUIRING TOTAL VALUATION FEE S~~HEDULE (10) b. Water 8.21 Service Conn. - cont'd To connect to main where a curb box and service Thad is not. installed the fee is the actual cost of material and estimated cost of Iabor. To turn on`water after dis- continuance of service. For raising or lowering stop- . box tops to correspond with ground level change made by property owner. (11) Plumbing 3.04 Permit -Residential a. Minimum Fee b. Fee per each fixture including: -Bath tub -Laundry tray -Bidet -Lavatory -Clothes dryer -Sewage ejector -Dishwater -Shower stall -Disposal -Sink -Floor drain -Water closet -Floor tray -Water heater (new or replacement) c. Gas piping per unit including: -Clothes dryer -Oven -Grill -Water heater (up to 99,000 BTU) -Incinerator (up -Plate to 999,000 BTU) -Stove -Light d. Lawn Sprinkler,. Anti-Syphon system (includes water connection from building piping and yard side of syphon breaker) e. Pool Heater (up to 199,000 BTU) f. Water Softner ORDINANCE CODE FEE $10 $15 $15 ~'~ Jo~ $ 6.50 ~~ =~~ $ 6.50 ~~ `~~ $28 $ 7.50 ~ ~ ~~ 10/26/81 d.7 C;TY OF R1CHFiELD, ".11NNES~3 Cf, Section 2. Construction and Related: Permit-Fees and Charges.- cont'd TYPE OF PERMIT SECTION QR LICENSE REQUIRING TOTAL VALUATION FEE SCHEDULE . f,; g. Water supply or distributor piping extension or alteration h. Sewer and Waste Alteration/Repair (12) Plumbing 3.04 Permit Commercial a. Minimum Fee b. Fee per fixture including: -Plaster interceptor -Bidet -Disposer -Drinking fountain -Floor drain or trap -Sinks: -Bradley type wash-up, -laboratory -Service -counter -Flat-rim -pot or scullery -Bar -Urinal -Any fixture not listed above c. Clothes washer 1-5 units Each additional unit d. Dental chair e. Dishwasher f. Food cold case -condensate lines (each unit} g. Flammable waste trap -catch basin h. Ground run (new for existing building) i. Ice-making machines j. Indirect coil for hot water storage I ORDINANCE CODE d.8 FEE $ 7.50 ~~ V~ i $ 7.50 $30 ~~~~ I $ ~.so C~' s) $2o C~ Imo) $ 5 ~ ~ '4-) $25 $15 ~~ i©) $ 5 $15 l'~jD~ ` $15 ~ ~ 1 z) $10 10/26/81 CITY OF rZICHFIELD, MIN~Jt=jO f:. Section 2. Construction and Related Permit Fees and Charges - cont'd TYPE OF PERMIT SECTION OR LICENSE REQUIRING TOTAL VALUATION (12) Plumbing Permit Commercial - Cont'd k. Lawn sprinkler, Anti-Syphon System (including water connection from building piping to yard side of syphon breaker) 1. Neutralizing tank FEE SCHEDULE m. Rainwater. Leader: Ali stacks 7 stories or less All stacks over 7 stories n. Roof Area Drains:. each drain o. Sewage Ejector p. Shower (gang type per head) q. Water Softner 3.04(8)4 FEE. $30 $30 $15 $25 $ 6 $20 $ 3 $20 C~~) ~~) ~~1D C~--`~~ ~ ~~ ~~1D~ (~ i o~ r. Water supply or distributor piping, extension or alteration $15 s. Sewer and Waste alteration/repair. $15 t. Installation of Gas _ Piping: I. Up to 2" in diameter -~ ~ -First 3 openings $ 5 3 ~ ~ .Each. add itional opening $ 2 (~ f `~~ Ii. Exceedin g 2" in diameter: First 3 openings $15 C {fi ~ e~ Each add itional opening $ 3 (~„z~ {13) Plumbing 3.05 Permit Gas Unit (Burners) Installation 99,000 BTU or less $ 30 ~7~ 100,000 - 199,000 BTU $ 15 ('~~R 200 , 000 - 399 , 000 BTU $ 27 1+~~~~ 400 , 000 - 599 , 000 BTU $ 40 ~$=~~) 600 , 000 - 999 , 000 BTU $ 52 ('`tr ) 1,000,000 - 2,499,000 BTU $ 88 ~~'~~) ~ 2,500,000 - 9,999,000 BTU $104 {`~~) 10,000,000 - 49,999,000 BTU $348 ~ 11ro) 50,000,000 - 74,999,000 BTU $188 <~'iec) more than - 74,999,000. BTU $248. ('~z~+~ ORDINANCE CODE 10/26/81 d, 9 C;TY OF r~ICHrIELD, MINNESO ~~ j Section 2. Construction and Related,,Permit Fees and Charges - cont'd TYPE OF PERMIT SECTION OR LICENSE REQUIRING (14) Plumbing 6.03 Permit Wells TOTAL VALUATION FEE SCHEDULE FEE 2" casing 3" casing 4" casing 5" casing 6" casing $ 10 ( ~ 7) $ 12 (~ ~O) $ i~ ~~~ !5 $ 30 (~ ~,3 $ 40 (15) Electrical 3.05 Permit: Residential a. Minimum Fee b. Complete Wiring Fee: Single family residence Two-family residence c. New Service - up to 200 amps d. Temporary Service - (for construction) e. Installation or replacement of each major appliance during or after completion of building f. Swimming Pools g. Wiring of Addition: First Room Each Additional Room h. Rewiring First Room Each Additional Room i. Wiring for Residential Garages j. Furnace or Air Conditioning: Per Unit k. Electrical Heating System: 2~ of estimated job cost with a minimum of 1. Electric (Infrared Heaters) Radiant Per Unit m. Electric Baseboard Radiant Units Per Unit ORDINANCE CODE $ 15 ~ ~' ~ O~ $ 45 ~ ~' ~) . $ 85 ~# ~~) $ 10 (~ 7 ~) $ 15 t' ~O~ $ 6 ( ~ 3~ $ 20 (~' I~~ $ 4 (~z s") $ 10 ( ~ T '~~) $ 6 ~ ~ ~~ $ 15 $ 6 $ 6 1 10/26/81 d.10 %1i'r GF RICHFIELD, "v11NNEj0 fA ~ Section 2. Construction and Related Permit Fees and Charges.- cont'd TYPE `OF PERMIT SECTION OR LICENSE REQUIRING TOTAL VALUATION FEE y;CHEDULE FEE (16) Electrical 3.05 Permit. Multiple Dwellings - over two-family ~~. a. Minimum Fee - $ 20 ~ ~I~~ b.- Complete Wiring 2% of estimated job cost (includes (~ T~ - ~,z.88 appliances at time of construction} -1- ~-'# i~l~-: ni \ .~ ^ j c. Wiring or Garages For first stall $ 15 For each additional stall $ 2 (~1~ d. Temporary Service for Construction $ 15 ~~t~~;\ e. Swimming Pools $ 50 ('~ 3~~ f. Rewiring First unit $ 20 ('~~0~ For each additional unit $ 10 (~ ~) g. Furnace or Air Conditioner Each unit under 4 tons $20 ( ~ ~a~ Each unit 4 tons or over - 2°~ of estimated job cost with a minimum of $20 h. Electrical Heating /(~'/~.°70l Syste ) (Central Type) R 2°~ of estimated job cost with a minimum of $15 ( ~ ~~~ i. Electric Infrared Heaters (Radiant) Per Unit $ 6 (~ s~ j . Electric Baseboard Radiant Units Per Unit $ 6 ~ ~~ `~~ (17) Electrical 3.05 Permit Commercial and Industrial a. Permanent Service I ORDINANCE CODE Based on cost of job to customer 0 - $100 ( I qo~ $10 $101 - $50,000 - 2% of estimated job cost with a minimum of $20 Over $50,000 - $1,018 plus ~ 1~°~ of cost over $n50,000 •, 10/26/81 i d.ll t CST'! OF RiCNFiELD, i~11NNES0 tr: Section 2. Construction and Refiated`Permt Fees and Charges - cont'd • TYPE OF PERMIT SECTION OR LICENSE REQUIRING b. Temporary Services for Construction: c. Traffic Signals (18) Electrical 3.05 Permit Signs (19) Electrical 3.05 Permit Fire Alarm System TOTAL VALUATION 0 - l00 amps 100 plus amps Per Intersection Based on Cost of Electrical Job to customer: 0 - $100 ( ~ ~L~ $101 - $50,000 - 2% of estimated job cost with a minimum of Over $50,000 1~% of cost over $50,000 minimum of ~-~/~~~) 2% of estimated cost with a minimum of 2°~ of estimated cost with a minimum of Systems connected to Municipal Fire Alarm System: 1 - 5 stations $ 15 l # ~~ Each group of 10 stations or less $ 10 ~~~ 5, FEE SCHEDULE ;; FEE $ 15 ~~1G) $ 25 ( ~' ~~ $150. (20) Electrical 3.05 Permit Telephone Booths a. Wiring of Booth (includes company signs) (21) Heating, 3.05 Ventilating, Air Conditioning and Refrigeration a. Central System 2°~ of estimated cost with a • b. Additions, Alterations and Repairs c. Addition of Air Conditioning to existing heating systems I ORDINANCE CODE $20 $1,018 plus $ 20 ~ # `~~ $ 20 $ 15 (~ ~) $ 15 f i 10/26/81 d.12 ` +C, i Y OF RICHFIELD, "Y11NfdESO t ; 4 Section 2. Construction and Related Permit Fees and Charges - cont'd TYPE OF PERMIT SECTION. OR LICENSE REQUIRING TOTAL VALUATION FEE SCHEDULE FEE d. Furnace or Boiler 14°~ of estimated cost with a • Replacement minimum of $ I5 (22) Heating, 3.05 Ventilating, Air Condition Ventilation and Exhaust Systems. i ~1~ ~o~ a. Systems installed 2% of estimated cost with a with central minimum of $ 15 ~'~ ~~ systems b. Systems with per fan unit in rental "small type" unit or residence. $ 5 (up to 20Q cfm) exhaust fans (23) Heating, 3.05 Ventilating, Air Conditioning, Refrigeration Gas and Oil a. Permit for installations or replacement of per unit with input of up to conversion burner, 99,000 BTU $ 10 unit heater, floor 14/, of estimated cost of units _ furnace, wall heater exceeding 99,040 BTU input with or space heater per unit minimum of $15 b. Gas Piping per unit for first five (5) units $ 2 C~}~`3°) .far each additional unit $ l (24) Heating, 3.05 Ventilation, Air Conditioning, Refrigeration a. Conversion from for each heating unit $ 5 C~t.Z~ L.P. to natural for each minor appliance $ 3 (#i) gas with a minimum fee of $7.50 ~~ ~~ 1 10/26/81 d.13 ORDINANCE CODE CITY CF RICHFIELD, ^~lINNES~ f Section 2. Construction and Related Permit Fees and Charges TYPE OF PERMIT SECTION OR LICENSE REQUIRING TOTAL VALUATION (25) Heating, Ventilation, Air Conditioning, Refrigeration a. Process 3.05 Equipment (Installation of any steam, hot water or warm air system fired with gas or oil used. in connection with process appliation). FEE SCHEDULE (i ~~~- ~~ 2°~ of cost with a minimum of FEE (~ i d $ 15 (26) Heating, Ventilation, Air Conditioning, Refrigeration Storage 3.05 Tanks • a. Fuel Storage tanks (underground or enclosed) ~} Installation to be Per tank not exceeding 1,000 gallons $ 5 ~ 3 used with oiI Per tank exceeding 1,000 gallons $10 burner only. b. Fuel storage tank's (above ground or not enclosed} Installation to be used with oil burner only. Per tank c. Other tanks (Installation modification, removal, abandonment) Each above ground tank Each below ground tank For installation or alteration of piping $ 3 $ 15 $ 50 $7.50 (27) Heating, Ventilating, Air Conditioning, Refrigeration • Installation of stokers 2°~ of job cost with a minimum of $ 10 and/or powered fuel j burners 3.05 10/26/81 d.14 ORDINANCE CODE CITY OF n1CNFIELD, !~11NNES0 ~~. Section 2. Construction and Related Permit Fees and Charges. TYPE OF PERMIT SECTION OR LICENSE R$QUIRING TOTAL VALUATION FEE SCHEDULE FEE (28) Heating, Ventilating, "' Air Conditioning, Refrigeration ~` Gas Fired Heating 3.05 a. Gas Fired Infrared First unit $ 6 (radiant) Heater.. Each additional unit $ 4 (29) Heating, Ventilating, Air Conditioning, Refrigeration Engineering/heat loss calculations 3.05 Filing Fee $ 5 a. Installation of up to 3 HP system $ 15 ~~~ ~~ any refrigeration 3 HP - 15 HP system .~ $ 20 ~ ~ ~o~ system except 15 HP - 50 HP system ~ $ 30 (~ ~~ portable sytems Over 50 HP system $ 50 b. Refrigeration systems, additions, alterations, and repairs 3.05 2% of estmated cost with a minimum of $ 15 (30) Heating, Ventilating, Air Conditioning, Refrigeration Installation, alteration, modification, relocation Each Tank $ 15 or replacement of non- Each Vaporizer $7,50 portable propane or Gas Piping $7,5Q L.P. or propane storage facility 3.05. (31) Benches 4.02 First Year. $ 15 Renewal $ 10 (32) Fire Prevention Code 3.09 For any fee required under code - per year $ 5 (~ ~~ ( ~ s~ 10/26/81 (~ d.15 ' f ORDINANCE CODE CITY CF r~iCHFIELD, 1~11NNES~J t,: Section 2. Construction and Related Permit Fees and Charges - cont'd • TYPE OF PERMIT SECTION OR LICENSE REQUIRING (33) Sign Installation 3.47 a. Sign Support Structures TOTAL VALUATION FEE j~CHEDULE a~; 50 sq. ft or less per year Each additional sq. ft. or less - per year ~. Based on Bldg. Permit Fee with minimum of FEE $ 15 (~'~o~ $ s ~~ '>> $ 15 ( r,aw (34) Sign Maintenance 3.47 a. Billboards b. Other Signs (35) Parking Signs including 300 sq. ft. 301 sq. ft. to.600 sq. ft 601 sq. ft. and over Per year/$.07 per sq. ft. with minimum of $ 35 $ 60 $ 90 $7.50 $ 5 $ 40 $ 15 Areas 4.05 (36) Housing Inspection Fee First unit 3.06 Plus each additional unit This fee should apply to each inspection when: 1. Seller calls for minimum housing inspection 2. Homeowner calls for minimum housing inspection 3. House industry calls for minimum housing inspection 4. Government agencies call for minimum housing inspection 5. Private lending institution calls for minimum housing inspection. ORDINANCE CODE to/26Is1 d.16 CI ~ Y GF RICHFIELD, MINNES71;-: j Section 3. Construction and Related License Fees TYPE OF PERMIT SECTION OR LICENSE REQUIRING TOTAL VALUATION FEE SCHEDULE (1) Heating and Ventilating Installer .3.05 1 year (2) Sign Installer 3.47 1 year (3) Electrical Installer 3.05 State license required (4) Plumber 3.04 State license required (5) Water Softener Installer 3.04 1 year (6) Well Driller 6.03 1 year FEE $34 $25 $25 $25 10/26/81 i d.17 I ORDINANCE CODE =^1?Y GF RICHFIELD, '~~IN~~`SO ~:: I Section 4. Zoning, Land Use and .Related Fees and Charges TYPE OF PERMIT SECTION OR LICENSE REQUIRING (1) Planned Unit Development 3.34A TOTAL VALUATION FEE SCHEDULE FEE • (2) Variance 3.40 (3) Special Use Permit 3.41 (4) District In addition to other related fees: 1 - 2 acres $130 2 - 3 acres $230 3 - 4 acres $250 4 - 5 acres $275 5 - b acres $300 6 plus acres $350 Based on Value of Building or Development \\ ~~ ~=1 Base fee to and includ ing $1,000 $100 Each additional $1,000 up to $10,000 $ 10 ( ~ ~~ Each additional $1,000 from $10,000 ~~ - z) to $25,000 $ 4 . Each additional $1,000 over $25,000. $ 2 ( '" -) Base fee to and including $1,000 $150 ~'" ?C,~ Each additional $1,000 up to $10,000 $ 10 ('~ s) Each additional $1,000 from $10,000 ~~ "Z~ t o $25,000 $ 4 Each additional $1,000 over $25,000 $ 2 (~ i) Change 3.42 1 acre or less Each additional acre or part thereof up to 5 acres Each additional acre between 5 and 25 acres (5) Plat Review (Subdiviaion of Land) 3.54 ORDINANCE CODE Waiver of preliminary platting procedures for divisions creating 3 or less lots Parking and final plat review for division of land creating 4 lots or more Base Fee for each lot created $ 50 ~~~~ $25 ~~~o~ $100 ~~ ~-5~ $100 ~ ~ ~~ $25 (its 10/26/81 d.18 C;TY OF RIC!-iFIELD, !~11NNE37 ~.^. Section 4. Zoning, Land Use and Related-Fees and Charges - cont'd TYPE OF PERMIT SECTION OR LICENSE REQUIRING TOTAL VALUATION FEE SCHEDULE (6) Off-Street Parking °` Contract a. As part of sgecial use ~~ permit process 3.41 b. in conjunction with permitted use 4.05 (7) Street Vacation 12.04 FEE No Fee t $100 ~ ~ ~~ $100 ~~ ~~ i 10/26/81 d.19 ORDINANCE CODE ~.;TY OF RICHrIELD, ^l1IN~JESrJ CH Section 5. Amusement and Recreation Licenses and Permits • TYPE OF PERMIT SECTION. OR LICENSE REQUIRING TOTAL VALUATION FEE SCHEDULE FEE f (1) Arcade 5.17 1 year $200 ~ ~/oo) (2) Amusement Device 5.18 y a. Mechanical Amusement Device i year $ $5 ~µ ~ t ~~ ~ b. Mechanical Music Box 1 year $ 4S ~~ ~~ (3) Bingo and Gambling 5.19 _ a. Daily permit. Bingo and Gambling, each type 1 day $ 30 b. Annual license - Bingo Calendar year $200 c. Annual license - Tipboard Calendar year $200 y~y d. Annual license - Paddle wheel Calendar year $200 e. Annual license - Raffle Calendar year $200 { f. Annual licenses - If the licensee is granted a license i for any two gambling activities other than Bingo (i.e. Tipboard, Paddle Wheel or Raffle) the license fee shall be $400 ~ 30 ~ , And if the licensee receives an annual license for all three types of gambling, the license fee shall be $600. ~~k~v~ (4) Itenerant Place of Amusement 5.20 1 day $100 (5) Public Dance 5.21 For each day during permit period if which dances are held. $ 10_ No fee for locations holding tavern licenses. i (6) General Amusement 5.22 a. Billiard, Pool or Pigeonhole table (each) 1 year $ 25 65 ~ ~ ~ ~~ a.l. Coin operated i year $ b. Bowling Alley (per lane) 1 year $ 15 ~~~ ~D~ c. Circus 1 year $100 10/26/81 d.20 ORDINANCE CODE CiT'{ CF RICH FIELD, MI^JNESO r Section 5. Amusement and Recreation Licenses and Permits - cont'd TYPE OF PERMIT SECTION 1- OR LICENSE REQUIRING TOTAL VALUATION FEE SCHEDULE FEE , (6) . General ~ ' Amusement - cont'd d. Dance Hall 1 day $100 e. Golf / ~ e.l. Minature 1 year $ 25 l ~U) ~ e.2. Driving tee 1 year $ 25 (~i0~ f. Mountback 1 day $100 g. Rides, mechanical or animal of any kind (each) 1 year $ 15 l"~~o> h. Shows, .any kind 1 day $ 100 i. Shuffleboard (each lane) 1 year $ 10 + k. Other games 1 day $ 50 !, ~ (6a) Musical Concert 5.22A Per event $ 10 1 ~~ S~ (7) Theatre - Cinema 5.23 1 year $100 Plus a notice p ublication fee $ 4 ~ nF~r ~'-F (8) Roller Rink 5.24 1 year or $100 portion thereof (9) Sauna and Massage l 2 P 5 ) ~+} ar or . 5 1 year $1,750 I, ~~ Investigation fee 5.25 Actual cost of investigation with a minimum of $1,500 (10) Massage Practitioner 5.26 1 year $ 40 ~ ~ ~-`~> Investigation fee 5.26 Actual cost of investigation with a minimum of $100 ~ ~~ 'I ~) (11) Fortune Teller and Related Trade 5.30 1 day $ 15 ~ "i' t bl , 1 week $ 25 ; 1 month $ 50 1 year $300 10/26/81 d.21 ? ORDINANCE CODE C;T'd CF RiCHFiEtD, ! L11;VNES~ f:+ ~ Section 5. Amusement and Recreation Licenses and Permits - cont'd j • TYPE OF PERMIT SECTION E OR LICENSE REQUIRING TOTAL VALUATION FEE SCHEDULE -FEE ` t (12) Animals i F a. Dog license 5.27 1 year $ 5 ~ ~ 3~ b. Cat License 5..27 1 year $ 4 ~ ~~ ~ - ~~ k i c. Duplicate license 5.27 Either dog or cat $ 2 ~~. ~~ d. Late license penalty 5.27 Each animal $ 5 ~,,,,,,~ ,~~ e. Commercial ~ kennel .5.28 1 year $100 f. Residential i kennel .5.28 1 year $ 40 ~ ~ ~~ g. Pigeons 10.05 1 year $ 25 ( fii~) h. Non-domestic • animals 10.06 Temporary permit $ 15 i. Impounding ' Fee- 5.27 Each Animal 1st time $ 5 2nd time $ 25 3rd time $ 45 ~, 4th time $ 65 5th time $ 85 6th time $105 s 10/26/81 ORDINANCE CODE d 22 - C1 ~ Y OF RICHFIELD, !VII:VNC~7 rli Section 6. Vehicle and Transportation License and Permit Fees. TYPE OF PERMIT SECTION OR LICENSE REQUIRING TOTAL .VALUATION FEE ~~HEDULE FEE (1} Bicycle 5.34 Minnesota State Registration (2) .Aircraft 5.35 1 day $ 25 .` (3) Food Vehicle 6.01 a. Baker 1 year $ 50 b. Catering Per year for first catering food vehicle $100 Per year for each additional cateringfood vehicle under same ownership and operation $ 50 c. Readily perishable (Same as b. above) (4) .Garbage and Refuse Collection 6.06 Per year for first vehicle $100 Per year for each additional vehicle. $ 25 (5) Motor Vehicle Dealer 6.07 a. New vehicles sales. Per year for first place of business $100 Per year for each additional place $ 50 of business (6) Motor Bicycle Business 6.08 Per .year per place of business to sell motor bicycles $100 Per year per place of business to sell, rent or lease motor bicycles $ 50 (7) Sound Truck 6.14 1 year per vehicle $100 1 day per vehicle $ 15 ~ *+u) (8) Taxicab 6.20 Per year for first taxicah or auto 1 ive ry and $ I00 ~ ~I ~~ Per year for each additional taxicab or auto livery operated at any time within the license period. $ 25 ~ ~+v~ (9) Taxicab I Driver 6.21 1 year $ 50 i 10/26/81 i d.23 _ ORDINANCE CODE :.ITY OF rZICHFIELt7,'~1;NNFS7 ~:a j • • Section 6. Vehicle and Transportation License and Permit Fees. - cont'd TYPE OF PERMIT SECTION OR LICENSE. REQUIRING (10) Rental or Utility Trailers and Trucks 6.22 ORDINANCE CODE I' TOTAL VALUATION' FEE SCHEDULE FEE Per year for each place of business $ 50 d.24 3 i 10/26/81 ~ Cli'! OF RICHFIELD, ^~11NNES0 ~:a Section 7. Commercial Business and Trade Licenses and Permits TYPE OF PERMIT SECTION OR LICENSE REQUIRING (1) Firearms Dealer 5.29 (2) Itinerant Food Establishment 6.01 (3) Retail Candy Shop 6.01 TOTAL VALUATION FEE SCHEDULE 1 year 1 year Per year for first facility For each additional facility on same premises FEE $100 ~ ~ t~ $ 5 0 ~ ~~ ~~ $ 50 $ 15 (4) Food Establish- ment 6.01 a. Retail or Wholesale Food Sales (Grocery) 1 year. $125 ~~ ~~ b. Restaurant .(Prepared Food Sold for Consumption) 1 year $210 ~ rne_w ~e _~ (5) Vending Machine 6.01 a. Food vending machine requiring coin or token 1 year $ 15 b. Other. food vending Per year for .each fo od. dispensing machine unit in the machine $ 10 c. Ice vending machine 1 year $ 15 (6) Automobile Washing Per calendar year or fraction Establishment 6.04 thereof $ 75 (7) Scavenger 6.05 Per year per vehicle $ 25 Permit fee for openi ng cesspool or dumping contents of each cesspool into.. city sewer. $ 10 (8) Incinerator .6.06 1 year $ 25 (9) Tobacco 6.11 a. Sale and distribution ORDINANCE CODE Per month or fraction thereof. $ 2 License issued on calendar year basis. ~~ )D~ ~~ ~o~ y~ Zl~) iI 1 ~ ~~ s) ~ ~~~~ 10/26/81 d.25 j %1T`r GF RICHFIELD, Y1INNESO f:, Section 7. Commercial Business and Trade Licenses and Permits TYPE OF PERMIT SECTION OR LICENSE. REQUIRING TOTAL VALUATION FEE SCHEDULE (9) Tobacco - cont'd b. Vending machine (10) Soft Drink 6.13. a. Vending machine (11) Transient Merchant 6.15 (12) Wagon Peddler 6..16 (13) Christmas Tree Sales 6.18 • (14) Motel 6.19 (15) Outdoor Merchandising 6.23 • ORDINANCE CODE One license included with (a) above. Per each additional machine or fraction thereof per year 1 year Per year or fraction thereof per each additional machine 1 day 1 year 1 year First unit Per year for each additional unit Permit FEE ! $ 8 ~ ~ ~) $ 25 $ 25 ~ ~' °~ I $100 ~! $ 50 ~ '~ '9-,cl $100 ~~ ~o%/ $ 5 $ 50 1 i I I 10/26/81 d.26 CITY OF RICHFIELD,'ViI;VNESO f.. 1 Section 8. Liquor and Related License and Permit Fees TYPE OF PERMIT SECTION OR LICENSE REQUIRING TOTAL VALUATION FEE SCHEDULE FEE (1) Non-Intoxicating Malt Liquor 11.02 ~ a. On-sale 1 ` year $300 l 1j~~~ b. Tavern ( dance) 1 year $300 ` c. Wholesale 1 year $ 10 d. Off-sale 1 year ,~ ~0 $ ,7~ { S~ \°' ` e. .Club 1 yer $100 (2) Liquor a. Set-ups 11.03 1 year $300+ ( ~+GD~ b. Consumption For each state permit for consumption or display 11.03 or display of intoxicating liquor pursuant to rlinnesota Statutes 340.14, Subdivision 3. $100. I c. On-sale 11.06 1 year. $8,250 C ~'7, sen d. Sunday 11.07 1 year $200 e. Wine 11.08 1 year $500 ~ ~ ~ (3) Employee License a. Set-up estab- lishments 11.03 b. On-sale Liquor establishments 11.06 (4) Investigation Fee a. Club 11.03 Per year/per person .covered Expires on June 30th next following the effective. date Same as (a) above .Single Person Partnership Corporation Additional investigation $ 15 ~ {~ 5~ $ 75 $150 $300 $ 50 10/26/81 d.27 ORDINANCE CODE CIT'! CF RiCHFiEI_D, "v11N11Cj~ ~r""~ r Section 8. Liquor and Related License and. Permit Fees - cont'd • TYPE OF PERMIT SECTION OR LICENSE. REQUIRING (4) Investigation Fee - cont'd b. On-sale Liquor 11.06 TOTAL VALUATION FEE SCHEDULE FEE c. Wine 11.08 (5) Beer in Park 4.17 naniNnNCE CODE Each person shown on application $200 and C-~,o~ Actual cost in excess of above. Each additional investigation for each person not .listed on original or renewal application. $100 Original Application - Initial fee $200 and C~isv actual costs in excess or above with total fee not to exceed $1,700 I Renewal Appliation - Initial fee $ 50 and actual costs in excess of above with total fee not to exceed $1,700 Additional investigation under 11.08 Subd. 8.(4) - $100 and not to exceed $1,700 Investigation of substitute manager $ 50 ~~°~"~'~~ $ 25 ~ ~ ~ ol~ I 10/26/81 d.28 C. i `! OF RICHFIELD, MIN(1lESO ~:a ~ Section 9. Miscellaneous Fees SECTION TOTAL ACTIVITY REQUIRING VALUATION FEE ~CHEDULE FEE (1) Registration b. 17 a. State hawker or ~~ Peddler's license Per year/per person covered $10 b. Canvasser or Solicitor Per year/per person covered $10 (2) Permit to reside in motel for more than six. months 6.19 $10 ORDINANCE CODE 10/26/$1 d.29 CI i Y GF RICHFiE1rD, ":11^JNESO t CITY OF RICHFIELD, MINNESOTA Office of City Manager The Honorable Mayor and Members of the City Council City of Richfield /e~ Council Letter No. 404 r ;Agenda November 23, 1981 Council Members: Subject: Ordinance Amendment Relating to House Moving - Second Reading. On October 6, 1981, the city council gave first reading approval to an ordinance amendment relating to the moving of houses and other buildings. A copy of the proposed ordinance amendment is attached. The purpose of the proposed ordinance change is twofold: to bring the references to Minnesota Statutes up-to-date, and to clarify the respective roles of various city personnel in reviewing and approving permits for moving of buildings. It is recommended that the city council give second reading approval to the attached ordinance amendment at the November 23, 1981 city council meeting. Respectfully submitted, ~.~ ,~L r~ _,C~. ~. ~ t~~~ Karl Nollenberger City Manager KN/eja `~' LEGAL NOTICE Bill 1981-27 AMENDMENT TO CHAPTER IV, SECTION 4.07 OF THE. ORDINANCE CODE OF THE CITY OF RICHFIELD 1 r, City of Richfield Does Ordain: Chapter IV, Section 4.07 of the Ordinance Code of the City of Richfield regulating the moving of buildings over .streets ,. alleys and public highways is hereby amended in the following respects: ~_ A. By, amending paragraph (.2) of Subdivision 7 thereof to read as follows: "(2)['Director' means the director of public works of the city) The titles city manager, director of , community services, director of community develop- ment and director of public safety shall include those persons and their designees." B. By amending Subdivision 2 thereof to read as follows: "Subd. 2. Permit Required. No person shall move any building over, along, or across any highway, street or alley over which the city has jurisdic- tion and supervision as defined in Minnesota Statutes 1981, Chapter 160, without first obtain- ing a permit from the [council) city manager. This section .applies whatever the point of origin of the building or structure." C. By amending Subdivision 3 thereof to read as follows: "Subd. 3. Application. Persons seeking issuance of a permit hereunder shall file an application for such permit with the [director] chief building inspector." _ D. By amending Subdivision 4 thereof to read as follows: "Subd. 4. Contents of Application. The applica- tion shall be made in writing, upon forms pro- vided by the [Director of Community Service) chief building inspector and shall contain such informa- tion as the [director] chief building inspector finds necessary to a determination of whether a permit should be issued. The following items shall accompany all applications: 1. The owner of the building~to be moved shall file with the application sufficient evidence that all real estate taxes and special assessments against the building and lot from which it~'is to be removed. are paid in full. ~~ 2. The applicant, if other than the owner, shall file with the`applicaton sufficient written evidence that he is entitled to move the building... 3. The applicant sha11'file with the applica- tion prior to issuance of permit, written evidence of arrangements with all public utility companies whose wires, lamps or poles are required to be removed, for the removal thereof by the company. 4. The applicant'shall furnish proof satin.- factory' to the [Director of Community Services] chief building inspector that the building :mover. is fully licensed under all applicable laws of the State of Minnesota, including Minnesota Statutes 1981, Section. 2.21.81, and complies with and has satisfied all rules and regulations promulgated thereunder." E. By amending Subdivision 8 thereof. to read as follows: "Subd. 8. Duties of Director of Public [Works] Safety. The director shall assure inspection of the building and the applicant's equipment by the chief building inspector [to inspect the building and the applicant's equipment] to determine whether the standards required in this section for the issuance of a permit have been met." F. Ey amending Subdivision 9 thereof to read as follows: "Subd. 9. Standards for Issuance. The [council] city manager shall reuse to issue a permit if [it] he or she finds: 1. .That the mover is not duly licensed by the State of Minnesota; 2. That the building is too large to move without endangering persons or property.. in the city; 3. That the building is in such a state of deterioration or disrepair or is other- wise so structurally unsafe that it could not be moved without endangering persons and property i:n the city; 4. That the building is structurally unsafe or unfit for the purpose for which moved, if the location to which the building is to be moved is in the city; 5. That the applicant's equipment is unsafe and_that persons and property would be endangered -by its u`se ; 6. That the zoning or building provisions or any other provisions. of this code would be violated by the building in its new location; 7. That, if the building is being moved from a location within the city, outstanding charges-for water and sewer service have not been paid. ` [(7)](8). That for any other reason persons or property in the city would be endangered by the moving of the building." G. By amending Subdivision 11 thereof to read as follows: "Subd. 11. Compliance With Zoning Regulations. No building or structure shall be moved to a location within this city unless in the opinion of the city manager it will conform to the zoning regulations of the city, including, but not limited to, all set- back and lot size regulations, and will be a building or structure of the same general character and appearance of those buildings or structures in the vicinity of the proposed location. Upon receipt of the application the chief building inspector shall forward a copy to the director of community devel- opment for review. Upon completion of such review, the director shall report his or her findings to the city manager: If the [building inspector] city manager is in doubt as to whether such building or structure will [sufficiently] conform to the character and appearance of the neighborhood into which it is proposed to be moved, he or she Cmay7 shall refer the matter to the city council for determin- ation. The city council may hold a public hearing on the question but in any event shall determine whether or not such building or structure will be permitted at the proposed location." t. ~ ~ E "Subd. 18. Appeal. The applicant or permittee may appeal any decision by the. dity manager. denying the requested permit or revoking an issued permit. The council may sustain or overrule the city manager's decision; and may grant a permit-upon such terms and conditions as it deems appropriate." L. Subdivisions 6, 7, and 16 of Section 4.07 are hereby repealed and the remaining subdivisions shall be renum- bered accordingly. Passed by the City Council'of the City of Richfield, Minnesota, this day of 1981. Donald Priebe, Mayor ATTEST Sylvia Bergh, .Acting City Clerk • ~s • CITY OF RICHFIELD, MINNESOTA Office of City Manager Council Letter No. 403 The Honorable Mayor and Members of the City Counci City of Richfield Council Members: .Li 'LF ~ ,~° ~~ F ~~ 70 r ~ ~~ ~~ 1 ~ ~°~ ~~cel ~~ ~v Agenda November 23, 1981 Continued December 14, 1981 Subject: Public Hearing Regarding Sidewalk Improvements for 1982 (CP 772) On October 26, 1981, the city council received a preliminary engineering report for the proposed 1982 sidewalk project, and scheduled a public hearing on this subject to be held on November 23, 1981. The following is a list of the locations for the prop- osed 1982 sidewalk construction: On • Xerxes Avenue 75th Street 76th Street 76th Street Lyndale Ave Lake Shore Drive 65th Street Nicollet Ave Second Avenue Portland Avenue 77th Street 12th Avenue 77th Street Side From To SJ rz A6RiKST East 62nd St. 65th St. ~~ North Penn Ave. Logan Ave. - South Sheridan Ave '' ' 'x-~~p~ Ave~~ - ' South Lyndale Ave James Ave ~~ - Both 62nd St. 64th Street ~ - Both Lyndale Ave 66th Street - - South Lyndale Ave Pleasant Ave - - Both 77th Street I-494 - - East 77th Street 78th Street - i~ West 77th Street I-494 - - ? South Elliot Ave Chicago Ave - - West 76th Street I-494 - - South 12th Avenue 13th Ave. - - The total project will include installation of sidewalk, sod, and handicap ramps and administration, engineering and inspection costs. The engineer's estimate of the total project of cost is $204,000. Funding for the project will primarily come from Munici- pal State Aid funds and special assessments. The 65th Street, Lyndale Avenue to Pleasant Avenue sidec~~alk will be funded by City Project 705. Attached is a resolution ordering the 1982 sidewalks improvement project as proposed in the preliminary report. After the close of the public hearing, it is recommended that the city council adopt this resolution. R ~ pectfully submitted, ~a,~ Iv~Uu~~. .~ .,s~- Karl Nollenberger City Manager ;~, r-' .1 RESOLUTION NO. RESOLUTION ORDERING THE 1982 SIDEWALK IMPROVEMENTS CP 772 AND THE PREPARATION OF PLANS AND SPECIFICATIONS WHEREAS, Resolution No. 6520 of the city council, adopted October 26, 1981, fixed a date for a public hearing on the proposed improvements by construction of sidewalk at the following locations: Xerxes Avenue East 62nd Street 65th Street 75th Street North Penn Avenue Logan Avenue 76th Street South Sheridan Avenue Xerxes Avenue 76th Street South Lyndale Avenue James Avenue Lyndale Avenue Both 62nd Street 64th Street Lake Shore Drive Both Lyndale Avenue 66th Street 65th Street South Lyndale Avenue Pleasant Avenue Nicollet Avenue Both 77th Street I-494 Second Avenue East 77th Street 78th Street Portland Avenue West 77th Street I-494 77th Street South Elliot Avenue Chicago Avenue 12th Avenue West 76th Street I-494 77th Street South 12th Avenue 13th Avenue AND WHEREAS, ten days' published notice of the hearing through two weekly publications of the required notice was given and the hearing was held thereon on the 23rd day of November, 1981, at which all persons desiring to be heard were given an opportunity to be heard thereon, NOW THEREFORE, be it resolved by the Council of the City of Richfield, Minnesota: 1. Such improvement is hereby ordered as proposed in the council resolution No. 6520, adopted the 26th day of October, 1981. 2. The City Engineer is hereby designated as the engineer for this improvement. He shall prepare plans and specifications for the making of such improvement. Adopted by the city council this 23rd day of November, 1981. Donald J. Priebe, Mayor ATTEST: Sylvia K. Bergh, City Clerk Exili~it ~~A~~ c. •.. ... .t . .., .. PRELIMINARY REPORT AND ESTIMATE OF COST 1982 SIDEWALK AND APPURTENANT WORK PUBLIC IMPROVEMENT NO. 772 ~~ I. TYPE OF WORK Concrete sidewalk and handicap ramp installation on designated roadways in Richfield II. REASON FOR IMPROVEMENT Integration and completion of pedestrian system as identified in Richfield's sidewalk policy. III. DATE OF PRELIMINARY REPORT October 26, 1981 IV. LOCATION Sidewalk construction with handicap ramps -,. ON SIDE FROtiI TO ~„ - - l. Xerxes Avenue East 62nd Street 65th Street 2. 75th Street North Penn Avenue Logan Avenue 3. 76th Street South Sheridan Avenue Xerxes Avenue 76th Street South Lyndale Avenue James Avenue 4. Lyndale Avenue Both 62nd Street 64th Street 5. Lake Shore Drive Both Lyndale Avenue 66th Street 6. 65th Street South Lyndale Avenue Pleasant Avenue 7. Nicollet Avenue Both 77th Street 78th Street 8. Second Avenue East 77th Street 78th Street 9. Portland Avenue ~4est 77th Street 78th Street 10. 77th Street South Elliot Avenue Chicago Avenue 11. 12th Avenue West 76th Street I-494 12. 77th Street South 12th Avenue 13th Avenue V. FEASIBILITY The sidewalk and handicap ra*;lp project is feasib le and can best be accomplished as proposed and not in conjunction with any other proj ect. -2- VI. PROPERTY TO BE ASSESSED All that property abutting the streets and avenues as described under sidewalk construction in item Number IV above. VII. ESTIMATED PROJECT COST a) Construction of approximately 14,912 lineal feet of 5' concrete sidewalk improvements. Estimated construction costs $143,155.20 20 percent indirect cost 28,631.04 $171,786.24 b) 47 handicap ramps with new sidewalk Estimated construction costs $ 9,165.00 20 percent indirect cost 1,833.00 $ 10,998.00 c) Construction of retaining walls, right of way, tree removals, and tree relocations Estimated Construction Cost $ 18,300.00 20 percent indirect cost 3,660.00 $ 21,960.00 Total Estimated Project Cost a) Sidewalk Construction $171,786.24 b) Handicap Ramps with Sidewalk 10,998.00 • c) Retaining walls, R.O.W., Tree relocation/removal 21,960.00 $204,744.24 VII ESTIMATED ASSESSMENT The cost of this project is proposed to be assessed partially to the abutting property owners and the remaining cost to be paid for by State Aid Funds Estimated cost of sidewalk construction: $171,786.24 14,912 lineal feet = 11.52/lineal foo t of sidewalk. Residential Assessment 11.52jL.r . x 20 ~ _ ~. 3U~ assessa;ie oo~ In the residential areas the assessment will be fig ured from the short side of the lots that abut the improvement. Typical assessment `or 75' lot ~II ~ 75' x $2.30 = $172.50 `_ ,' ~ ~ _ ~ .. Multiple ar.d Commercial Issessment $11.52/L.F, x 50~ _ $5.76/assessable foot. In multiple and commercial areas the assessment wi11 be figured on the total ~' length of lot abutting the approvement. Typical assessment for lot with 200' abutti:~g improvement: 200' x $5.76 = $1,152.00 I hereby certify this plan, specification, or report v~~as prepares by me or under my direct supervision and that I am a sull.~ Registered Professional Engineer under the la:as of the State of Minnesota. w / ..~~'' ~~~ ~~ ~~ s ~` ~ ~' ~° - ~~Iicha~~ J. Eastlin~, P.E. Date: October 26, 1981 Registration Plumber 15066 Q :i F w ...'..b... ~ _ I i ~ ~, ~_ ~ ~ W ,.,. , .~ __ ~- - ! ~- _..._ -~ _ J _~ w ..• ~l _ ~ _- __ _-_ .. _- `~ _ _ _~ _-. ~~ -, ,.. _.. ~~ - ~ ~ ~ -- - -_ ~, ~ ~ X96 - ~ _. - _ - - - i ; J 1 ; - ~ r--,.-- Q. H..~.,,., -.--_ i _-----_---_~_i_.. ~ ~ ~.. ~ :~---- ---- - -- _d _ _~ t _- _ _ _ - __ -_ -. _ _ ~ l ~ - -- W ~. - . ('~ -- - t .. _ _ . _r _ ~ ,~ ___ ___- :, _ 0 ~~ -- _- -o ~ ,,. ..o,d.._ ..... ~~ ---- :a, y ,. ,,.. z~s` . ---- ,... . - - -~---- . _ ....; ._~ k _.~ .. .. 1982 SIDEWALK PAVING ~. DETAIL OF EXTRA COSTS Exhibit "C" Map. No. Street Item Quantity Cost Total Cost 1 Xerxes Tree Removal 3 $ 900.00 2. 75th Street - - - - 3. 76th Street Tree Removal 1 $ 300.00 Tree Relocation 7 1,050.00 Retaining walls to be built 2 3,600.00 Guard rail relocation 2,550.00 $7,500.0 4. Lyndale Avenue Right of way purchase 9,450.0 ~~ 5. Lake Shore Drive - - - 6. 65th Street - - - 7. Nicollet Avenue - - - 8. Second Avenue - - - 9. Portland Avenue - - - 10. 77th Street - - - 11. 12th Avenue - - - 12. 77th Street - - - $17,850.0 • ~~ CITY OF RICHFIELD, MINNESOTA Office of City Manager • Council Letter No. 403 Agenda November 23, 1981 ~/ The Honorable Mayor ~ and ~ Members of the City Council City of Richfield ~~ Council Members: Subject: Public Hearing Regarding Sidewalk Improvements for 1982 (CP 772) On October 26, 1981, the city council received a preliminary engineering report for the proposed 1982 sidewalk project, and scheduled a public hearing on this subject to be held on November 23, 1981. The following is a list of the locations for the prop- osed 1982 sidewalk construction: On Xerxes Avenue 75th Street 76th Street 76th Street Lyndale Ave Lake Shore Drive 65th Street Nicollet Ave Second Avenue Portland Avenue 77th Street 12th Avenue 77th Street Side From To P~~ ~°"-' ~~~~°~ East 62nd St. 65th St. ~'> » North Penn Ave. Logan Ave. - South Sheridan Ave Xerxes Ave:' - ~~ South Lyndale Ave James Ave ' ~~ Both 62nd St. 64th Stree t - Both Lyndale Ave _ 66th Street - South Lyndale Ave Pleasant Ave - Both 77th Street I-494 - East 77th Street 78th Street - West 77th Street I-494 --- South Elliot Ave Chicago Ave - ~- G,1est 76th Street I-494 - - South 12th Avenue 13th Ave. - The total project will include installation of sidewalk, sod, and handicap ramps and administration, engineering and inspection costs. The engineer's estimate of the total project of cost is $204,000. Funding for the project will primarily come from Munici- pal State Aid funds and special assessments. The 65th Street, Lyndale Avenue to Pleasant Avenue sidewalk will be funded by City Project 7G5. Attached is a resolution ordering the 1982 sidewalk improvement project as proposed in the preliminary report. After the close of the public hearing, it is recommended that the city council adopt this resolution. Respectfully submitted, Karl Nollenberger City Manager ,_~ RESOLUTION NO. RESOLUTION ORDERING THE 1982 SIDEP~ALK IMPROVEMENTS CP 772 AND THE PREPARATION OF PLANS AND SPECIFICATIONS WHEREAS, Resolution No. 6520 of the city council, adopted October 26, 1981, fixed a date for a public hearing on the proposed improvements by construction of sidewalk at the following locations: Xerxes Avenue 75th Street 76th Street 76th Street Lyndale Avenue Lake Shore Drive 65th Street Nicollet Avenue Second Avenue Portland Avenue 77th Street 12th Avenue 77th Street East 62nd Street North Penn Avenue South Sheridan Avenue South Lyndale Avenue Both 62nd Street Both Lyndale Avenue South Lyndale Avenue Both 77th Street East 77th Street West 77th Street South Elliot Avenue West 76th Street South 12th Avenue 65th Street Logan Avenue Xerxes Avenue James Avenue 64th Street 66th Street Pleasant Avenue I-494 78th Street I-494 Chicago Avenue I-494 13th Avenue AND WHEREAS, ten days' published notice of the hearing through two weekly publications of the required notice was given and the hearing was held thereon on the 23rd day of November, 1981, at which all persons desiring to be heard were given an opportunity to be heard thereon, NOW THEREFORE, be it resolved by the Council of the City of Richfield, Minnesota: 1. Such improvement is hereby ordered as proposed in the council resolution No. 6520, adopted the 26th day of October, 1981. 2. The City Engineer is hereby designated as the engineer for this improvement. He shall prepare plans and specifications for the making of such improvement. Adopted b.y the city council this 23rd day of November, 1981. Donald J. Priebe, Mayor ATTEST: Sylvia K. Bergh, City Clerk Exhibit "A" .. , ., ..: ~. PRELIMINARY REPORT AND ESTIMATE OF COST 1982 SIDEWALK AND APPURTENANT WORK ''' PUBLIC IMPROVEMENT NO. 772 I. TYPE OF WORK Concrete sidewalk and handicap ramp installation on designated roadways in Richfield II. REASON FOR IMPROVEMENT Integration and completion of pedestrian system as identified in Richfield's sidewalk policy. III. DATE OF PRELIMINARY REPORT October 26, 1981 IV. LOCATION Sidewalk construction with handicap ramps ~- ON SIDE FROM TO 1. Xerxes Avenue East 62nd Street 65th Street 2. 75th Street. North Penn Avenue Logan Avenue 3. 76th Street South Sheridan Avenue Xerxes Avenue 76th Street South Lyndale Avenue James Avenue 4. Lyndale Avenue Both 62nd Street 64th Street 5. Lake Shore Drive Both Lyndale Avenue 66th Street 6. 65th Street South Lyndale Avenue Pleasant Avenue 7. Nicollet Avenue Both 77th Street 78th Street 8. Second Avenue East 77th Street 78th Street 9. Portland Avenue West 77th Street 78th Street 10. 77th Street South Elliot Avenue Chicago Avenue 11. 12th Avenue West 76th Street I-494 12. 77th Street South 12th Avenue 13th Avenue V. FEASIBILITY The sidewalk and handicap ramp project is feasible and can best be accomplished as proposed and not in conjunction with any other project. -2- _. ..- VI. PROPERTY TO BE ASSESSED All that property abutting the streets and avenues as described under sidewalk construction in item Number IV above. VII. ESTIMATED PROJECT COST a) Construction of approximately T4,912 lineal feet of 5' concrete sidewalk improvements. ~_.._--- Estimated construction costs $143 ,15.5_,.2 _..,_„~ 20 percent indirect. cost 28,631.04 `~ ," $171,786.24,,. b) 47 handicap ramps with new sidewalk ""~ ~~ Estimated construction costs $ 9,165.00 20 percent indirect cost 1,833.00 $ 10,998.00 c) Construction of retaining walls, right of way, tree removals, and tree relocations Estimated Construction Cost $ 18,300.00 20 percent indirect cost 3,660.00 $ 21,960.00 Total Estimated Project Cost a) Sidewalk Construction $171,786.24 b) Handicap Ramps with Sidewalk 10,998.00 • c) Retaining walls, R.O.W., Tree relocation/removal 21,960.00 $204,744.24 VII ESTIMATED ASSESSMENT .The cost of this project is proposed to be assessed partially to the abutting property owners and the remaining cost to be-paid .for by State Aid Funds.. Estimated cost of sidewalk construction: $171,786.24 14,912 lineal feet = 11.52/lineal foot of sidewalk. Residential Assessment 11. 52 j L. ~' . x 2us = 2 ..s0%assessable loot In the residential areas the assessment will be figured from the short side of the lots that abut the improvement. Typical assessment 'for 75' lot 75' x $2.30 = $172.50 -~- ~: Multiple and Commercial 1ssessment $11.52/L.F, x 50~ _ $5.76/assessable foot. In multiple and ~~y~ commercial areas the assessment will be figured on the total length of lot abutting the approvement. Typical assessment for lot with 200' abutting improvement: 200' x $5.76 = $1,152.00 I hereby certify this plan, specification, or report was prepared by me or under my direct supervision and that I am a duly Registered Professional Engineer under the laws of the State of Minnesota. ~ w~ ~ C blich~~~ J. Eastlinc,~~, P.E. ~ .. Date: October 26, 1981 ~ Registration Number .15066 ~~`'' ~~ .. .. ~~~, ~~ n\~ ~~ ~ N ~ ~ ~ 41 ~ a ~~~ , ~ o N ~• N ~ \~. ~ M N` a .._ ~ _ wa... m ,.. .. .,. ~ .... , ,.. ~ ~ ~ ~ yj. ~ ._ ,. _ _ .,, _ ~- ~ ~ n,. ~' ail _ L C G G (~ i~:, ,1 --- .~ --..~- :J ,.. w« - J' ~ .....,.~, v - - ----- - ,..... ~ --_-._.___-_-~ ~,____ .._ __. ,__.__- fr ,....~ `-~ = 1' =-~~ -orb=- _--- ....... ~ ,...a , ', ~ r--~r-- --~--^~ - -'~ o ff~~iiJiJ ~^ ,.. w. ~-.-. ~-~ ~ - ~- - -_._^- - ~ .. ., _ ' ~' ~ !,o ,^ _ ~f ~ p i '~ ~ ~- ~1 -~- . n• ._ ~_ ` ~~ ~_._-- _ _. . ' ~~" J .. ..__.. ' ~ lr .lw.. 1•.x.0 ~'.._"._ ._,^..-. ! _... __. __ ((~~1 __ _- 1 1 N.q..w .....~ ---_ ~___ _ u 11~ .. .,. ~.-^. ~ ,, i ~~ _ _ _ t e e _ _ i F [ r Exhibit "C" 1982 SIDEWALK PAVING ~~~ DETAIL OF EXTRA COSTS Map. No. Street Item Quantity Cost Total Cost 1 Xerxes Tree Removal 3 $ 900.00 2. 75th Street - - - - 3. 76th Street Tree Removal 1 $ 300.00 Tree Relocation 7 1,050.00 Retaining walls to be built 2 3,600.00 Guard rail relocation 2,550.00 $7,500.0 4. Lyndale Avenue Right of way purchase 9,450.0 ~ ~ D i h k - - - , 5. r ve La e S ore 6. 65th Street - - - 7. Nicollet Avenue - - - 8. Second Avenue - - - 9. Portland Avenue - - - 10. 77th Street - - - 11. 12th Avenue - - - 12. 77th Street - - - $17,850.0 i ~t s CITY OF RICHFIELD, MINNESOTA Office of City Manager Council Letter No. 402 Agenda November 23, 1981 ,c`' ivy ../ 1% The Honorable Mayor ~ c" and ~, Members of the City Council ~c ,~ ~,~ City of Richfield ~ ,,~~ Q Council Members: Subject: Request for Special Use Permit, Variances, and Off-Street Parking Permit, 609 W. 74th Street Proposal Jim Platt and Jeff Gustafson have submitted a request for a special use permit to allow the construction of six townhouses at 609 West 74th Street. The six units will be "side by side", with a two car tuck-under garage for each unit. Four two-bedroom and two one-bedroom units are proposed. The exterior of the structure will be cedar siding. The proposal provides for a total of 24 off-street parking spaces, 12 of which are to be covered. The property is zoned "MR" multiple family residential. Zoning Ordinance Requirements Section 3.31, Use Regulations for multiple residence districts lists requirements for multi-family developments. Section 3.37, Group Housing Developments, lists additional requirements for multi- family developments. Staff Findings The staff has reviewed this proposal and found the following: 1. That the required setback from commercial property is 20 feet. The proposal indicates a 4.51 foot setback from the commercial property west of the site. The applicant's have requested a variance to the setback requirements. 2. That the maximum allo~~~able lot coverage is 20 percent or, in this instance, 4.179.8 square feet. The proposal indicates 6, 160 square feet, or 29.5 percent lot cover- age. A variance will also be necessary for this element. 3. That the ordinance requires each townhouse unit to have 300 square feet of screened private on-site yard space. r I Council Letter No. 402 -2- November 23, 1981 The proposal has no provisions for enclosing any por- tion of the yard and thus, a variance will also be necessary for this purpose. 4. That the proposal exceeds the minimum required 12 off- street parking spaces. The proposal calls for 24 off- street parking spaces. 5. That the proposal meets or exceeds all other group housing requirements including minimum dwelling unit size, recreational and open space requirements. 6. That the proposal is in compliance with the comprehen- sive plan. 7. That the proposal is in substantial compliance with the conditions governing the issuance of special use permits in that there should be no adverse impacts on the neigh- borhood resulting from this development. 8. That, subsequent to the planning commission hearing, and pursuant to staff recommendation, the applicants have redesigned the off-street parking area providing for more "green space". This has not affected the number of off- street parking spaces; however, an additional curb cut will be necessary. '~ 9. That also subsequent to the planning commission hearing, the applicant has indicated that the west side yard set- back is 4.51 feet, and not 10 feet as indicated to the planning commission. The need for a variance still exists, and will be reviewed later in this letter. Staff Review Variance The staff has reviewed the three variances needed for the project and found the following: 1. That there are no special conditions affecting this prop- erty. This lot is of sufficient size to adequately facilitate the proposal. This lot is not significantly different than any other lot in the City of Richfield in the multiple family residential district. 2. Denial of these variances will not preclude reasonable use of the property. A multi-family dwelling can be built requiring no variances. 3. The proposal is a substantial improvement to the prop- erty. The staff believes that because the subject prop- erty is the rear yard of the abutting commercial property to the west, the reduced setback will not have any ad- verse impact upon that property. The commerical building located at 7401 Lyndale Avenue is 25 feet from the lot line. i Council Letter No. 402 -3- November 23, 1981 4. The proposed 29.5 percent lot coverage should not pose any problems and the staff believes that the in- creased off-street parking area should significantly reduce traffic problems in the single family residential area north of the site. The staff further believes that the issue of an enclosed yard fo r each unit should be an option of the prospective dwellers, as adequate space is available if they desire to exercise this option. Staff Review Special Use Permit The staff is of the opinion that the proposal is in substant- ial compliance with the conditions governing special use permits and will significantly improve the property. Staff Recommendation-Variance The staff must recommend denial of these variances because all three conditions which must be met before a variance may be granted, do not exist on the subject property. The city r,~anager recommends approval. Staff Recommendations Special Use Permit Because the proposal is substantially in compliance with the conditions governing special use permits, the staff recommends approval with the stipulation that the variances are obtained. Staff Recommendation Off-Street Parking Because the proposal is in compliance with the off-street park- ing guidelines, the staff recommends that the council approve the attached resolution, approving the geometric layout and design of the proposed off-street parking area. Planning Commission Recommendation 1. To reduce the required 20 foot sideyard setback from commercial properties to 10 feet; 2. To increase the maximum allowable lot coverage of 20% to 29.50 (an increase from 4,179.8 square feet to 6,160 square feet) . Respectfully submitted, The planning conunission recommends approval of the special use permit with the above-noted stipulation, and approval of the variance allowing a townhouse development without screened private yard spaces. The planning commission recommends denial of the following variances: cc: Community Development City Planner Karl Nollenberger City Manager Director RESOLUTION NO. RESOLUTION APPROVING LAYOUT AND CONTRACT FOR OFF-STREET PARKING IN ACCORDANCE WITH APPLICATION NO. 81-10, CONTRACT NO. 2340 Name: Jim Platt and Jeff Gustafson P. O. Box 35481 Edina, MN 55435 Location: 609 West 74th Street Use: Multiple Family Residential BE IT RESOLVED by the City Council of the City of Richfield, Minnesota, as follows: 1. That the proposed geometric layout of the off-street parking as contained in Off-Street Parking Application No. 81-10, Contract No. 2340 is hereby approved subject to and upon com- pletion of performance. of the contract for such off-street parking as hereinafter authorized. 2. That the proposed off-street parking contract for the improvement of said off-street parking, bearing contract No. 2340 be placed on file and that the manager be authorized to sign said contract and the clerk be authorized to seal the same for and on behalf of this city. 3. That the off-street parking operator provide the City of Richfield with Surety. in the form~of cash, passbook saving withdrawal authority, or performance bond in an amount to be determined by the community development director and city manager, to ensure the off-street parking lot is constructed within the terms and regulations of the Off-Street Parking Agreement. 4. That responsibility for the proper upkeep and maintenance of said Off-Street Parking lot shall remain the responsibility of the off-street parking lot operator in accordance with Ordinance Code 4.05. Adopted by the city council of the City of Richfield this 23rd day of November, 1981. Donald J. Priebe, Mayor ATTEST: Sylvia K. Bergh., Acting City Clerk • ~ l 1f, ~._ (. I _ , _ __ _ ------- I _. 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LIMITED BUSINESS ~ ° °~ ~- i i ~ - o -. 9 I ~~ ti ~: M V N - ~' 16 f ~ N - -` T :6 _ ~v -- ~ _ ^ o ~ ^ ^ ~, S ~ ~. ~ 15!10 ;, ~ 15 10 ~. 21*~ -~ --- ~ 8 -= _ i -~ ^ ^ o~ /~ A '1 _ L' ~` ,~ 13.12 ^ ~ = [~ 13 12 ^ z ~~! D 4 ~ ~ ° v p •-' - - n ~ L I -.. . _ ------ S T. _ __ _ C~ A - - - 2 i •ov• -, ~' r23 L ~ 1 --^.~ ~ , ~ ~_ r'I ~~ C d ~ - ~ -. 2r - --~ '" n -2r14 2~~ ..`~ 5 ~.--, t91 _ _ ~-- r8~ ; " -~i-817 ,~ ~. ~ 17` 17II~_ ... _ r ~ --- -} : 1 ~ 169 r5- 141 1; i~ --13.: =1 ~ ~~ ~~ _,, 23 2 .< < ~ 25' ~ 3 ': i 241 ~ ~ ~ . -•C ' '~' 6 ~ _ - - -- ' ~' ' Q ': 20 7•,8-~ • 19 ` y ~ - 5~~0 - - - - ~~ 4'Ii -- ---- ~ 16i t 3;t2 - ~ i5i - ., t11 a J 0 J --- - ::~ t---r- -i--- i 'r' i ~ ~ ~- ~ - - _.._-. ~LI NCU/l.(~f %FIELD ~ ~ ,,' ~ , ~ i ~ ~ /, ~- - ,. , r ~~ c~ #i3 CITY OF RICHFIELD, MINNESOTA Office of City Manager Council Letter No. 401 Agenda November 23, 1981 The Honorable Mayor and Members of the City Council City of Richfield Council Members: Subject: Award of Contracts - Site Development and Park Shelter - Monroe Fairwood Park On November 4, 1981 bids were opened for site work and build- ing construction for the Monroe/Fairwood Park project. The city manager, acting city clerk and community services director were present for the bid opening, as were architects and representatives of various bidding firms. Copies of the bid minutes are attached for council review. Neighborhood meetings for the Monroe/Fairwood Park project began in the fall of 1980. The project includes four park sitest the largest being Monroe Park and Fairwood Park, with neighboring smaller parks of Appleblossom and No Name included. The structure proposal called for a lump sum bid with completion to be no later than September 15, 1982. The site work proposal included a base bid for work at Monroe and Fairwood Parks and several alternatives. ' The award is to be based on lowest bid by a responsible bidder for base bid, plus selected alternates. Seventeen bidders submitted proposals for the to be located in Monroe Park. The building is to earth sheltered in the vicinity of 67th Street and The low bid was submitted by Henry O. Mikkelson in $137,600. It is recommended that the city council tract to Henry O. Mikkelson. shelter building be partially James Avenue. the amount of award the con- The site work included several alternates. Alternate A is for a well and pump in Fairwood Park. This was included in the specif- ications in response to the neighborhood request for a drinking fountain. Alternate B calls for resurfacing of the existing tennis courts located in FairN;cod Park. This would mean removal of the existing asphalt mat, redoing the base materials and apply- ing a new asphalt tennis court surface, as well as repairs to the existing fence, as needed. Alternate C is for removal of some of the existing facilities at Fairwood Park. Alternate D would pro- f vide irrigation primarily around the new park shelter in Monroe ~~ Park. Alternate E is for work at No Name Park, primarily land- Council Letter No. 401 -2- November 8, 1981 scaping, which is seeding and improving turf conditions at this site. Alternate F is for work at Appleblossom Park. The major items iri this alternate include a new tennis court and a play lot. Alternate G is for plant materials at Monroe and Fairwood Parks, phase two of the planting program. Alternate H called for 8 picnic tables with pads to be located in Fairwood and Monroe Parks. Alternate I called for sod around pathways in lieu of seeding. Alternate J would place a bounce board or practice tennis court in Fairwood Park adjacent to the existing tennis courts. Alternate K would provide the basic plantings for Monroe and Fairwood Parks. The staff recommends the acceptance of alternates J and K. Nat- ural Green is the apparent low bidder, with a base bid of $263,895, and a bid of $3,800 for Alternate J, and $5,800 for Alternate K, for a total bid of $273,495. Part of the base bid ($5,810) is work related to the storm sewer problems in this area, and should be charged to the sewer fund. The city has received a state LCMR (Legislative Commission Ori Minnesota Resources) grant in the amount of $133,750. To date, $50,000 has been appropriated for this project from the special revenue fund. The 1982 capital budget calls for an additional $130,000 in revenue sharing monies and $176,250 special revenue funds to be appropriated to the project, making total funding of $500,000. Attached to this council letter is a transitory ordinance which would initiate the process of transferring the 1982 special revenue monies for this project from the special revenue fund to the project fund. In summary, it is recommended that the city council take the following actions: 1. Approve the bid minutes and tabulations 2. Award a contract to Henry O. Mikkelson in the amount of $137,600 for building work to be charged to city project 760. 3. Award a contract to Natural Green in the amount of $273,495 for site work, with $267,685 to be charged to city project 760, and $5,810 to be charged to the sewer fund. 4. Give first reading considering to a transitory ordinance providing for expenditure of money from the special revenue fund for certain capital improvements. Respectfully submitted, Karl Nollenberger City Manager cc: Community Services Director Finance Director KN/eja CITY OP R ICIIF IELD Bid Opening November 4, 1981 Monroe Park Shelter Building Pursuant to requirements of Resolution No. 1015, a meeting of the Administrative Staff was called by City Manager Karl Nollenberger, who announced that the purpose of the meeting was to receive, open and read aloud, bids received for the Monroe Park Shelter Building as advertised in the official newspaper on October 14, 21, and 28, 1981. Present: Karl Nollenberger, City Manager Don Fondrick, Community Services Director Joyce L. Wilde, Acting City Clerk The following bids were submitted and read aloud: BID ADDENDUM CONTRACTOR SECURITY BASE BID RECEIVED NUMBER OF DAYS ABJ Enterprises, Inc. 10% 5166,974 Yes By Sept. 15, 1982 Action Construction 10% 171,447 " 120 days Construction 5 Inc. 10% 149,555 180 days Dean & Associates Inc. 10% 1b1,600 " 260 days GEM Construction Inc. 10% 190,564 210 days Keho Construction 10% 149,800 " 150 days Kloster Madsen, Inc. 10% 192,000 180 days Henry K. Lindahl & Sons 10% 152,300 90 days Maertens-Brenny Constr. 10% 155,198 " 275 days Henry 0. Mikkelson 10% 137,600 " 270 days Don G. Morin & Co.,Inc. 10% 172,940 " 240 days Henning Nelson Const. Co.10% 186,007 120 days Nordling Construction Co.10% 161,387 " 120 da James Steel Constr. Co. 10% 144,500 270 days Superior 77, Inc. 10%. 154,989 By Sept. 15, 1982 Van Eeckl~out Bldg. Corp. 10% 150,000 140 days Robert 0. Westland 10%, 147 355 180 days The -City Manager announcc~c~ that the bids would bo ta'.~ulaLc•d and considered at the regular city council mcetin~; oY \ovembrr 23, 1951. Joyce L. Wilde Acting City Clerk CITY OF RICIIFIELD Bid Opening November 4, 1981 Fairwood-Monroe Park Site Improvements Pursuant to requirements of Resolution No. 1015, a meeting of the Administrative Staff was called by City Manager Karl Nollenberger, who announced that the purpose of the meeting was to receive, open and read aloud, bids received for Fairwood-Monroe Park Site Improvements as advertised in the official newspaper on October 14, 21, 28, 1981. Present: Karl Nollenberger, City Manager Don Fondrick, Community Services Director Joyce L. Wilde, Acting City Clerk The following bids were submitted and read aloud: CONTRACTOR NATURAL GREEN ORVEDAHL coNST. ARCON coNST, rucK „LACxTO~ BID BOND 10% 10% 510,000 10% ADDENDIJLI rl Yes Yes Yes ADDENDL~~1 ~~2 Yes Yes Yes TOTAL BASE BID $263,895 5317,218.75 $409,582.72 $282,508.75 ALTERNATE A 4,460.50 5,100 None 3,310 ALTERNATE B 10,000 16,000 28,267.60 15, 600 ALTERNATE C 560 727 1,350 1, 125 ALTERNATE D 3,500 3,300 None 2, 990 ALTERNATE E 1,613 1,497 1,213 1, 400 ALTERNATE F 25,440 72,695 42,770.90 24, 795 ALTERNATE G 5,800 7,000 __ 5,995 6,500 ALTERNATE H 2,000 2,940 3,000 3,000 ALTERNATE I 8,030 11,000 5,977 7,000 ALTERNATE J 3,800 4,000 11,000 3,000 ALTERNATE K 5,800 9,000 7,695 10,250 The City Manager announced that the bids would be tabulated and considered at the regular city council meeting of November 23, 1981. Joyce L. Wilde Acting City Clerk TRANSITORY ORDINANCE N0. AN ORDINANCE FOR THE E-?{PENDI'CURE OF MONEY FROM THE SPECIAL REVENUE FUND FOR CERTAIN CAPITAL IMPROVEMENTS The City of Richfield does ordain: Section 1. It is found and determined 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, and as further detailed in the city's 1982 Capital Improvements Program, and are projects which the city would be authorized to issue general obligation bonds. Section 2. The capital improvements and the amounts of expenditure for such improvements, which are hereby authorized to be paid from The Special Revenue Fund under Chapter 7, Section 7.12, subdivision 2 of the City Charter, are as follows: Monroe/Fairwood Park $176,250 Section 3. The expenditure herein authorized shall be made pursuant to such contracts as are authorized from time to time by council resolution. Passed by the city council of the City of Richfield, this 23rd day of November, 1981. • Donald J. Priebe, Mayor ATTEST: Sylvia K. Bergh, City Clerk i November 10, 1901 • MONROE/FAIR~•lOOD PARK(S) C.P. 760 BUDGET SUMMARY i FUNDING SOURCES LCMR State Grant $143,750 Federal Revenue Sharing 130,000 Special Revenue (liquor store profits) 226,250 TOTAL FUNDS AVAILABLE $500,000 ESTIMATED EXPEPJDITURE AREAS Fees $ 60,000 Ballfields 14,000 Meetings/Administration 1,300 Structure 137,600 Site 267,685* Contingency 18,565 TOTAL ANTICIPATED EXPENDITURES 5500,000 *The total anticipated contract award for site work is 5273,495 based on a base bid of 5263,895 plus selected alternates of 53,800 for a bounce wall and practice tennis court at Fairwood Park and $5,800 for plantings less 55,810 to be charged to the seti~~er fund for french ti•rells as part of the storm sewer system. s BUDCE'~ SUNtMARY CAPITAL IMPROVEMENT FUNDS 1982 Projects Recreation and Open Space Development Rich Acres Park Monroe/Fairwood Park Community Center Elevator Park Land Acquisition Forestry Ice Arena Improvements Total Recreational Development Right-of-Way Improvements Sidewalks Alleys Lyndale Avenue 74th to 494 Adams Hill Storm Sewer Traffic Signals I-35/7uth Street Total Right-of-Way Improvements Public Facilities Public Safety Building Water Plant Roof Well ~t4 Lime Slaker Lift Station ~~2 Energy Improvements Total Public Facility Improvements Total Projects Project Revenues Project Expenditures $ - $ 5,000 143,750 SG 20,000 130 00~ RS' ',176, 250 SR~ ~- 3 , 000 30,000 SR 30,000 45,000 SR 45,000 2,000 $ 525,000 ~ 105,000 $ 136,000 MSA $ 170,000 34,000 SAB 400,000 SAB 400,000 50,000 MSA 50,000 100,000 OF 98,000 50,000 P 50,000 _770,000 $ 768,000 $ n 45,000 RS 120,000 B 120,000 12,000 OF 12,000 35,000 OF 35,000 50,000 OF 50,000 7,000 SR' $ 399 000 2'7 000 $ 130,000 SR $ 50,000 51.594,000 $1,140,000 ESTIMATED 1982 REVENUES BY SOURCE Special Revenues (SR) State Grants (SG) Special Assessment Bonds (SAB) Municipal State Aid (MSA) Revenue Staring (RS ) User Fees (UF) Revenue Bonds (B) Private (P) Total Estimated Revenues CITY OF RICHFIELD, MINNESOTA C-1 $ 388,250 143,750 434,000 186,000 175,000 197,000 120,000 50,000 51,694,000 l :~ API~iUAL BUDGCT i Recreational and Open _Space Development Co•amuni*_ti~ Center Elevator Monroe/Fairwood Parl: Ice Arena Improvements Swimming Pool Improvements Rich Acres Park Legion Lake Study Park Land Acquisition Forestry Civic Plaza Sculpture CAPITAL IMPROVEMENT FUNDS 'NEW APPROPP,LATIOPIS ~" Total Recreational Development Right-of-Way Improvements Sidewalks Street Lighting-Arterial Traffic Signals I-35/70 East Traffic Signals I-35/70 West Alleys Storm Se~.aers Aldrir_h Avenue Cul-de-sac Lyndale Avenue 64th - 67th Lyndale Avenue 57th - 74th 66th Grand to I-35 Lyndale Avenue 74th - 494 Adams Hill Storm Sewer Total Right-of-Way Improvements CITY OF RICHFIELD, ~11NNESOTA Budget Revised l~~~l 19a1 $ 102,000 FG $ 102,000 FG $ 10,000 SR 40,000 SR 40,000 SR 25,000 SR 20,000 SR 50,000 SR 10,000 SR 55,000 SR 45,000 SR 534 7000 25,000 SR 20,000 SR 50 , 000 SR 10,000 SR 55,000 SR 45,000 SR 20,000 SR ____10100 P S~_387, 100 Budget 1982 176,250 SR 130,000 RS 143,750 SG 30,000 SR 45,000 SR ~525~000 $ 10,000 SR $ 10,000 SR $ - 100,000 MSA 113,000 MSA 136,000 MSA 25,000 SAB 42,000 SAB 34,000 SAB 180,000 SAB 171,539 SAB 73,461 MSA 50,000 P 50,000 P 20,000 MSA 7,030 MSA 475,000 SAB 412,000 SAB 400,000 SAB 1,000,000 SAB 12,000 SA 519,000 FAU 490,633 FAU 205,298 MSA 129,669 MSA 117,175 FG 95,000 FG 37,000 MSA 800,000 MSA 12,000 SAB 60,000 SAB 957,000 HC 910,000 HC 473,000 MSA 465,000 MSA 175,000 FG 175,000 FG 50,000 MSA 100,000 OF ,425,473 X53,976,302 ~S _770,000 C-2 ANNUAL BUDGET j ' CAP:[TAL IMPROVEMENT FUNDS ~NTINUED NEW APPROPRLA'TIONS ~ Public Facilities Central Garage Government Buildings Public Safety Building Energy Building Improvements Water Plant Roof We 11 ~~4 Lime S lalcer Lift Station ~~2 Total Public Facilities Total Projects Budget Revised Budget 1981 1981 1982 $ 28,109 SR $ 28,109 SR $ - 30,000 SR 36,000 SR 208,109 RS 208,109 RS 45,000 RS 291,891 SR 316,891 SR 130,000 SR 300,000 PIR 300,000 PTR 7,000 SR 120,000 B 12,000 OF 35,000 OF 50,000 OF ~ 858,109 $ 889,109 $ 399,000 X5,530,582 55,252,511 $1,694,000 ,, i' ~~ CITY OF RICHFIELD, MINNESOTA C-3 ANNlJAL BUDGET P C,~PITAL IMPROVEMENT BUDGET Project creational & Open Space Deve.loprient Tennis Court Lighting Tree Nursery Christian Park Boulevard Trees Ice Arena Improvements Nature Center Repairs Nature Center Carpet_ Adams Hill Park Sheridan Park Swimming Pool Improvements Park Land Acquisition Monroe-Fairwood Park Rich Acres Park Community Center Elevator Legion Lake Study Civic Plaza Sculpture Subtotal Right-Of-Way Improvements Sidewalk Improvements Alley Improvements Street Lighting ~ldrich Avenue Cul-de-sac Lyndale Avenue 64th-67th Lyndale Avenue 67th-74th Lyndale Avenue 74th-I-494 66th Street-I-35 to Grand Traffic Signals I-35/76th East Traffic Signals I-35/76tt~ West Adams Hill Storm Sewer Subtotal Public Facilities Central Garage Government Buildings Wells Controls Modification Energy & Building Improvements Lift Stations Public Safety Expansion Water Plant Roof Well Replacement Lime Slaker Subtotal Grand Total ~,, CITY Of RICHfI[LD, MINN[fOTA Project to Date Project to Date Appropriations Expenditures _Jan. 1, 1981 Jan, 1, 1981 $ 50,000 7,000 479,504 1.45,000 45,000 21,200 15,000 541,866 33,300 5,000 $ 47,429 5,577 469,263 148,254 37,615 12,904 9,241 503,150 6,320 3,831 10,000 $ - 1,865,430 1,557,000 $3,422,430 $ 158,353 261,891 61,000 108,000 133,000 $ 722,244 5;,'+~,7, 544 C-4 7,799 $1,251,379 $ 1,689 16,007 1,285 842,915 1,000 189,987 $1,052,883 $ 156,092 158,356 56,233 56,416 82,297 $ 509,394 52813,656 Fund Balance Jan, 1, 1981 $ 2,571 1,423 10,241 (3,250) 7,385 8,296 5, 759 38,;16 26,980 1,169 2,201 $ 101,491 $ (1,689) (16,007) (1,285) 1,022,515 (1,000) 1,367,013 $2,369,547 $ 2,261 103,535 4,767 51,584 50,703 ~ 212,850 $2,683,888 ANNUAL BUDGET Revised Revised Revenues Expenditures 1981 1981 - $ 2,571 - 1,423 - 10,241 45,000 41,750 25,000 30,385 - 8,296 - 5,759 - 38, 716 - 26,980 20,000 21,169 55,000 55,000 40,000 472,201 i 50,000 45,000 ~ 112,000 109,000 10,000 10,000 30,100 30,100 $ 387,100 $ 908,591 $ 170,000 $ 168,311 412,000 395,993 250,000 248,715 12,uoo lz,ooo 715,302 1,737,817 860,000 859,000 1,550,000 2,917,013 7,000 7,000 - .7,ync> $3,976,302 $6,347,849 Fuad L'alance Dec. 31, 1981 $ - 2,000 (430,000) 5,000 3,000 $(420,000) $ - ,_(2,000) $ (2,000) Budget Revenues 1982 $ 45,000 30,000 450,000 $ 170, 000 400,000 50, 000 50,000 100.000 $ 7 70, 000 Budget Expenditures 1982 Y 45,000 2,000 30,000 20,000 5,000 3,000 $ 170, 000 400,000 50, 000 50,000 - _._2", 000 $ 768,000 Fund Balance Dec. 31, 1982 $ - $ - $ 28,109 $ 30,370 $ - $ - $ - $ - 36,000 139,535 - - - - - 4,767 - - - - - 58,584 (70,000) 7,000 - - - 50,703 - 50,000 50,000 - 825,000 950,000 (125,000) 175,000 50,000 - - - - 120,000 120,000 - - - - 12,000 12,000 - - - - 35,000 35,000 - ~$ 889,109 $1,233,959 55,252,511 $8,490,399 $(132,000) 5(554}000) $ 39 9 , 000 51,694,000 ~~ >'Y Of RIGHfI[LD, MIHN[SOTA C- 5 $ 267,000 51,140,000 ANNUAL BUDGET I ! 1983 - X987 ~~~IT~1L ~I~f~OyEfV1Cl~~' ~'f~OGl~~f~11 • ~"'81 '"~+aa Total Recommended and Scheduled for Five Year Period Cost to P t No. rojec s Cost Complete 1983 1984 1985 1986 1987 Beyond 1987 RECREATIONAL AND OPEN SPACE DEVELOPMEtJT 1 Little Bob's Park 50,000 50,000-SR Z Garfield Park 50,000 50,000-SR 3 Rick}field Lake 50,000 5o,ono-S~, 4 Memorial Park 200,000 10,000-SR 190,000-RS 5 Jefferson Park 350,000 350,000-SR 6 Nicollet Park 500,000 Sco,ooo-s~ 7 ~1ad i son Park, 500, 000 J~;r~ O,Jr~_ Sf'. 8 Washington Park 500,000 n 5,0,000-~R 9 Sheridan Park 500,000 ,~~J,000-SR 10 Legion Lake Park 1,690,000 200,000-RS 200,000-RS 200,0!0-R~ 150,000-sG 350,000-sc s~o,ooo-Rs Il Ice Arena-' 35,000 35,000-SR 12 Park Land Acquisition 150,000 30,000-SR 30,000-SR 30,000-SR 30,000-sR 30,000-s~~ 13 Performance Center 75,000 75,000-SR 14 Forestry 225,000 45,000-SR 45,000-SR 45,000-S P. 45,000-SR !+5,000-SR `` ~~ T}fie Park and Recreatign Advisory Commission has recommended the Ice Arena project be included in the 19$2 Capital Budget rather than in 1983 as part of the Capital Program. ' :~E r ,j ~... .. r ! ~19~3 - ~9~~' G,~PIT'~.L ~i6~~~~~i~l~R1T P6~OGF~AM • 9/1/31 Recommended and Scheduled for Five Year Period Cest to ~'~0P Total No. Projects Cost Complete 1983 1984 1985 1986 1987 Be;rond 1987 PUBLIC FACILITIES 25 Water Plant Meters 532,800 133,200-UF 133,200-UF 133,200-UF 133,200-UF 26 Water Controls & Filters 80,000 80,000-UF 27 Lirne Sludge Drying 525,000 125,000-UF 200,000-UF 200,000-UF 28 Well r~5 15,000 15,000-UF 29 well ~;'7 15,000 15,ooo-ui 30 Well ,','3 15,000 15,000-UF 31 Well '~'6 15,000 15,ooo-uF- 32 Well ;1 15,000 15,000-UF 33 Well r2 15,000 15,000-UF 34 Public Safety Facility 275,000 195.00(TSR Improvement Project 80,000-RS 35 West Fire Station 100,000 100,000-RS I mprovec~en t 36 Central Garage Roof 25,000 25,000-SR TOTAL 14,517,300 3,232,000 1,953,200 1,040,700 2,593,200 2,533,200 3,165,000 ~: . # ~- CITY OF RICHFIELD, MINNESOTA Office of City Manager Council Letter No. 400 ~',g,~nda November 23 , 1 981 The Honorable Mayor and Members of the City Council City of Richfield Council Members: Subject: Resolution Urging ~~he ^ietropolitan Health Board to Effectively Control Health Care Costs and Safeguard Health Services long-range impact on the metro area. Y city council policies, ordinances, and programs necessar~~ to meet those needs. The Metropolitan Health Board is responsi- ble for the long-range hospital planning process for the seven (7) county area. The Board appointed a tas:c force and has scheduled hearings for evaluation of those services. Its goal is to provide adequate health services at minimal costs. The Board is in a final phase of its study and will establish policies that will have a The Richfield Advisory Board of Health is charged by the cit council to study public health needs and recommend to the Members of the Richfield Advisory Board of Health have attended Metropolitan Health Board hearings and reviewed their reports. As a result of their study, the Ad~iisory Board of Health at their September 16, 1981 meeting, passed a resolution "Urging the Metropolitan Health Board to Effectively Control Health Care Costs and Safeguard Health Services A similar resolution is attached for city council action at11the November 23, 1981 city council meeting. Lia Ozols, a member of the Advisory Board of Health, will be present at the November 23, 1981 city council meeting to answer any questions the city cotznci]_ may have regard- ing this resolution. Respectfully submitted, Karl Nollenberaer City Manager cc: Environmental Health rlanager Public Safety Director KN/eja RESOLUTION N0. A RESOLUTION URGING THF. METROPOLITAN HEALTH BOARD TO EFFECTIVELY CONTROL IiEALTIi CARE COSTS AND SAFEGUARD HEALTH SERVICES WIiEREAS, the City Council of the City of Richfield is the official governing body of the City of Richfield and functions as the official Board of Health of the City of Richfield; and WHEREAS, the City Council is committed to promote, support, and maintain the health of the entire community at the highest level; and WHEREAS, the Advisory Board of Health of the City of Richfield has revie~ved Phase IV of the Metropolitan Health Board's long-range hospital planning process on General Acute Inpatient and Specialty Services; and WHEREAS, the Richfield Advisory Board of Iiealth supports the Petropolitan Ilealth Board position to control and/or reduce the number of general acute patient beds; NOtV, THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield, that the P,ietropolitan Iiealth Board in its efforts to reduce hospital bed numbers emphasize availability and quality of service in its planning process; and BE IT FURTHER RESOLVED that the City Council of the City of Richfield asks the Metropolitan Health Board not to make value judgements nor single out hospitals to prevent erosion of hospital services, and also, the Metropolitan council should evaluate the needs of the community, including the needs of the minorities and poor as consumer and/or employee; and BE IT FURTIiER RESOLVED by the City Council of the City of Richfield, that the Aetropolitan Health Board consider a shared service approach in health care delivery by encouraging hospitals to participate in sharing of personnel, laboratory, bed control and purchasing of supplies. Passed and adopted this 23rd day of November, 1981 Donald J. Priebe, Mayor ATTEST: CITY OF RICHFIELD, MINNESOTA Office of City Manager . Council Letter No. 399 Agenda Novermber 23, 1981 The Honorable Mayor and Members of the City City of Richfield Council Members: Subject: Council Hearing of Appeal with Regard to Fire Prevention Code For some time, the fire division of the public safety depart- ment has been attempting to obtain compliance with the city's fire code to correct several violations existing at a lodging house loca- ted at 7727 Wentworth Avenue. On October 14, 1980, the assistant fire chief issued a Notice of Violation to the property owner, Mr. Richard Cheng. Present use of the lodging house provides sleeping accomoda- tions for renters in the basement and on the second floor of the structure. The first floor of the structure is used as an apartment for the building manager, who is the brother of the property owner. Up to 15 lodgers may occupy the premises at any single time. In some respects, it may be that this problem in code compliance is another one which remains from the period of time when our in- spection responsibilities were split into three different depart- ments. By complying with the building or health codes, the property owner may have felt that he had satisfied the requirements of the city. However, fire code violations are just as important as build- ing or health code violations and need to be attended to in a timely fashion. The consolidation of inspectional duties has significantly reduced the opportunity for this type of misunderstanding to happen. Over the past several months the public safety department has been unsuccessful in bringing the property into compliance with the city's fire code provisions. The public safety department has now issued formal orders for correction of the fire code violations and, pursuant to the process established by city ordinance, the property owner now wishes to appeal the orders before the city council. The appeal has been scheduled for the regular city council meeting on November 23, 1981. At that time, the public safety de- partment and the assistant city attorney will present the matter to the city council. The appellant will also be present and has been notified of his right to legal counsel during these proceedings. Respectfully submitted, . ~ Karl Nollenberger City Manager t . .. EXHIBIT 1 • HEARING ON APPEAL WITH REGARD TO ORDERS ISSUED UNDER THE RICHFIELD FIRE PREVE~JTIGN CODF MR. RICHARD CHENG Before the RICHFIELD CITY COUNCIL November 23, 1981 ORDINANCE CODE • CITY OF RICHFIELD, MINNESOTA 3.09 FIRE PREVENTION CODE Subdivision 1. Adoption of Fire Prevention Code. The following is hereby adopted by reference as an ordinance of the city: The Minnesota Uniform Fire Code including the 1973 edition of the Uni- form Fire Code and amendments to it and including the 10 volune national codes of the National Fire Protection Association (1973-74) The provisions of such code are hereby adopted and incorporated into this code as if fully set forth herein and shall be in full force and effect in this city, except as hereinafter specified_ (Bill 1979-17) 9/24/79 Subd. 2. Establishment of Duties of the Fire Department. (1) The Fire Prevention Code shall be enforced by the Fire Department of the city under the supervisions and direction of the Chief of the Fire Department, and the Manager. The Officer or Officers specifically in charge of the administration of this code shall be known as the Fire Marshal or Marshals and shall be given authority for this purpose by the Chief of the Fire Depart- ment. Subd. 3. Powers of the Fire Marshall or Other Enforcing Officers. Any such Fire marshall or other Officer charged with enforcement of the provisions of this part is authorized to enter any building or upon any premises in the city at reasonable times for the pur- pose of inspection and is empowered to enter any building which constitutes an imminent fire hazard at any time for such purpose, subject to subdivision 4 herein. Such Marshal or Officer shall have the power to order abatement of any unnecessary fire hazard in writing, and any person in charge of the property on which the fire hazard exists, or the owner thereof, when served with any such order shall abate such fire hazard within such reasonable time as may be specified in such order. 3.13 UNIFORM ENFORCEMENT PROCEEDURE; APPEALS Subd.~8. Board_of Building, Health, and Fire Appeals. The council shall serve as and constitute the board of building, health and fire appeals. All appeals under this section shall be heard by the board. The Mayor, the Manager, the Chief Inspector and the Health Officer or Sanitarian and the Fire Marshal or Marshals may serve in an advisory capacity as ex-officio members of the board. At hearings conducted pursuant to this section, the enforcing Officer shall present the evidence with respect to the existence of a violation, and the appellant and his attorney may call and cross- examine witnesses and make such argument with respect to the facts and law as may be relevant to the alleged violation. The board may obtain the advice of the attorney or his designate in connec- tion with the conduct of the hearing or the action to be taken. Page Two The board may act in. the absence of any one of its members if such member is not reasonably available, but in no case shall it act without the affirmative vote of any two. The board may, upon the hearing, affirm in whole or in part or deny the exist- ence of a violation of this part, and if a violation is found to exist, confirm or modify the corrective action to be taken or the other requiring vacation of the premises and the time allowed therefore. • EXHIBIT 2 through EXHIBIT I9 HEARING GN APPE.AL WITH REGARD TO ORDERS ISSUED UNDER THE RICHFIELD FIRE PREVE~~TION CODE MR. RICHARD CHENG Before the RICHFIELD CITY COUNCIL Novcmbcr 23, 1981 EXHIBIT 2 Sec. 1.201 "The State Fire Marshal may, and the Chief of any jurisdic- adopting this code shall, administer and enforce this code and all laws of the state pertaining to: "(a) The prevention of fires. "(b) The suppression or extinguishing of dangerous or hazardous fires. "(c) The storage, use and handling of explosive, flammable, toxic, corrosive and other hazardous gaseous, solid and liquid materials. "(d) The installation and maintenance of automatic, manual and other private fire alarm systems and fire extinguish- ing equipment. "(e) The maintenance and regulation of fire escapes. "(f) The maintenance of fire protection and elimination of fire hazards on land and in buildings, structures, and other property, including those under construction. "(g) The means and adequacy of each exit in the event of fire from factories, schools, hotels, lodging houses, asylums, hospitals, class B supervised living facilities, churches, halls, theaters, amphitheaters, and all other places in which people work, live, or congregate from time to time for any purpose. "(h) The investigation of the cause, origin and circumstances of fire." '-i N C~`' ® ~ -~-+ ^ .~ ^ ^ ma®el (~ ~.. ~' ^ ® O EXHIBIT 3 '( 2 pages) October 1~1, 19~U (`Ir. Richard Chcng 6=1U 5 No rd_ic Circle Edina, ~~~ 55=15 D~:ar ~~Ir. Cl>,eng: On Septen>lier 9, 19~U, your rooming horse at 7727 Wentworth Avenue South was inspected by Captain Kaiser and myself. `I~>.e follu~~i.ng corrections must be made for the i~uilding to meet the requirements of the Minnesota Uniform Dire Code. 1. Install an approved smoke detector in each sleeping roots. 77>e smoke detectors must be powered by the house electrical system and must be wired so that when one detector operates, all of the detectors wi11 sound an alat-tn. 2. Eac}i sleeping roots door must be equipped with. an approved self- closure device. 3. Eacl> sleeping room door nt~tst have a fire resistance rating of 20 minutes. 'I7>e t~titu>csota Uniform lire Code will accept a 1-~/-1 inc}> solid bonded door as a substitute for afire-rated door in this case. 4. Lac]1 sleeping room soot be separated from other roosts by ~~~alls and ceilings having a one hour fire resist.uice rating. 5. 'I~ie door on the first Cloor wltid> opens into the second Floor stairs must be reswtuig so that it swings into the: first floor. 6. '11tc door in Item 5. Hurst be ~t ?U mituatc: doot.•. 'I71e substitution of a 1-3/~1 inch solid bonded door tn.ty be ttscd. 7. 'I1~o smoke detectors utust be ~tdd~~d to the detector on the first floor, ~utd all tl t rc:e o C tltcnt i~ ~ red into the rest u f the smoke detectors. ~. l:ac~l> slcupittg room in the b,tscutcnt nutsC ha~~c an c~it wlti~al ~ucs dircctty outside. lie ttii11 ~ICCCpt large t~~in~low wcils with til. bottunt o l~ the upon i n,, nut rturc t h;ut ~l feet :il~o~~c the s l cep i ng roost l~luur. ~Ih~ (:it~~ liuilditt_; ln:,pc~tion I~~~p.>rttacnt c.un su;~pl~~ tltc: tuittinuun di;ncttsiuns :ut~l the dct;tils of construction. telephone: 869-7521 (612) an equal opportunity employer .r,.~ , ;. .~..~ '" • 1`1r. lZic}Iard (:limy UCtOi~Ci' l~, 19 S0 - i'ai;e ~ 9. "i'}ie furnace ~n«t }~c separated from flee rest of the house with walls and ceiling oC 1 Hour fire resist,lnee. 1`lie door to tltc l~ur7iace room must leave a ?U minute fire resistance. 10. "f}le furnace room ~uui the attic. must be ec}nipped with approved boat de- tectors and wired to the smoke detector alai~»s. Tile normal time allowed for meeting Fire Code requirements is 30 days. Since some of t}ie af~ove corrections are i;oi.n~ to require plalinin~, ple~ise contact me if you wish to extend the time required for compliance. You also have the riPub to appeal these orders. i'ou may do so by ti~~riting to~the City Clerk within 15 days from file date of this letter. The City Clerk will refer the appeal to the City Coui2cil, wliic}i is the Appeals Board. If you have any questions regarding this matter, please contact me. Sincerely, Patrick J. Cou~ilin Assistant Fire Cliiel Fire llivision Ric}ifield Pu}~lic 5al~ety llepartment PJC:hf EXNiRIT r~ ( 1 pale) Se, te3*ber ': 3, I~79 'Marcella ;'Woodall 77?7 ~:'e'It!~•nrt~; AVe. S. ~?iCl;fir~l i~ ~s.? ~c,l !)ear "radar?: This corres~c~n~?cnce is ~;~i.th res>Pct to tha._s de=lsrt:?rent's reviA~~ Of ti}8 C1 ~V ~1.1C `J31 ~7.~7 ?'~'f"sltl~,''C2'Lrr 1~t~C~ `;~ , 3 1~1I',iTC iiS+,'f',117.P,t? hel.il~ lI"s@'.~ <?S .1 TOObrf]tl~ 310U_Sc°,. t?7.StOi~ SC3.'l'7S ttl iRCliCatC the StrLIC~:ICl: 'x a5 hti? ~t jltSt ~'1@f(?re or shortly after th~> t3,1Z'i? of the century. 1?.e ~ersrits isSUerl t0 t~!1S 'f1Tn?~erty s~1C3W t~i15 !~llellln? 1!a:i 14CF3tC'~ iifi lIC- `s$. 7~t?~ StreLt :3^~~ In 1~%~~r3 t,l.'3S iSSL1P(j a )err?it t0 T13VE,'' a ti}8S8Ptflnt, ne'.v roof :lad partitions 3nnoved. In Sentereber of 1948 and ~ctoi~er n~'' 150, 1~1 p11.r.'nt.}inQ fixttarPs !•:ere installed in the t~ase3nent gnu t~l~o stories of this <3welling. 111so a t~errnit 'gas isstred to I;anel the hase~?ent for room a;ld a ?at'1 ~rrca. This establishes rice dwelling to ?gip user' as a roor?in~ i3otse. I~t 1~'S7 the city grant- ed z pcrsnit to mov^ Lhis c1~*elling to the present sit° of 77?7 °e31t~+lOrt}1 .'•Ve. S. 7.nd 3?31?I s@'!x'11 (7) ;'-ltr,'a`}in4* 'tiXtr.3rCS mere ln- StallCti I1P.uCr ~?f:s l?litS. rln electrical .'tll;j ;1C~,tII1~ T~E'rr[3i t `~Prt also issued a.t this ti'"e. T~lis dlaellinR has existed a.s z roo^t- ins*, blouse for 31 ynnrs grid ~+~ould establish it as or 154 as a non-conforr±ing use under tale zoning code. It is the feeling of this department that this dg~3elling is a legal non-conrorr?ing structure Imaer the present zoning ardina-ice anti clay continllti> zs suc;; i>v orclin~lnce as l m~=, as i.t is operated :nor roariin^ ;louse ;ruri~oses only. Yours truly, N. AuFhl Chief. Ins lector I i'r./ ah cc: °atricia '~ehnin~ Neal i:state Consulta3lt EXNt~1T 5 ( 1 ~'ar~) ~: December 19,1979 riarcella G. Woodall 7727 G3entworth 4veniic: RicLfzeld, ~~finnesota. Dear ~~?~. Woodall. Tha house at the above address was inspected on December 1fi, 1979 to determine if it meets codQ req,uirempnts. Handrails and ventilation were installed and conply with regulations for healthful housing. Very truly yours, I. F. RGE~LER Environmental ?:Iealtl, Direc*.or IFR: ral _ . .~ ~_~- ~ EXHI31T ~ . . (1 page ) • October 26, 19,-;~~ r~ , syl~ia ~ET-~h City Clerk City of Richfield 6700 Portland twig. S, F.ichf ield, ;~`N 55[.23 Cesar lbs. Ber~l~~: I received Fi ietts~r from i`!r, r~itricx C,?u~.~hl Lei rlate<1 Octo~er 1<<, 1930 orderinh me to make correct inns t:o my i,s,ltdinp, +it 7721 Nentworth ,we, ~, i tlr,ve a di :rind fe~l7n.z tii.at i;r. C'ouc;nii;;•s Orders are 1aUCh Cv0 StT"iC;", ~itd CilfiC t;P iti ~jCtF~II;i~tii~~, O UriV rye out of file huildin~ ba~ca:,s~ of r.,y iarN, 7 uo~;.ilci iir:o to appeal to the City Council on hip ot"cit~~:~, Sincerely, Richard Chem, EXHIBIT 7 (I PAGE) 299F.362 INSTALLA'C10N OF SMOKE DETECTORS IN DWELLINGS, SUBDIVISION 4 FIRE WARNING SYSTEMS: APARTMENT HOUSES, LODGING }IOUSF.S, AND HOTELS. L'very dwelling unit within an apartment house and every guest room in a lodging house of hotel used for sleeping purposes shall be provided with a smoke detector conforming to the requirements of Underwriters Laboratories, Inc., or approved by the International Conference of Building Officials. In dwelling units, detectors shall be mounted in accordance with the rules regarding smoke detector location promulgated under the provisions of subdivision 2. When actuated, the detector shall provide an alarm in the dwelling unit or guest room. F_X!-II~~IT ( 1 page ) i 11-5311. A manual fire alarm system shall be provided in accordance with Section 6-3. EXCEPTION 1: Buildings equipped with an automatic sprinkler system in accordance with Section 6-4. EXCEPTION 2: Buildings equipped with an automatic fire detection system in accordance with Section 6-3. s FXI~I~1T (1 page) • 11-5211. Every sleeping room above the street floor shall have access to 2 separate means of exit, at least one of which shall consist of an enclosed interior stairway, an exterior stairway, a fire escape or a horizontal exit. • EXHi~IT i~ ~ 1 PACE) • 11-5212. All exits shall be arranged to provide a safe path or travel to the outside of the building without traversing any corridor or space exposed to an unprotected vertical opening. EYCEPTION: Traversing unprotected vertical openings may be permitted in existing sprinklered buildings. • E,~(HIBIT II CT PAGE) • 5-114. PROTECTIVE ENCLOSURE OF EMITS 5-1141. When an exit is required to he protected by separation from other parts of the building by some requirement of this Code, the separating construction shall meet the following requirements: (a) The separation shall have at least a 1-hour fire resistance rating when the exit connects 3 stories or less. This applies whether the stories connected are above or below the story at which exit discharge begins. (b) The separation shall have at least a 2-hour fire resistance rating when the exit connects 4 or more stories, whether above or below the floor of discharge. It shall be constructed of noncombustible materials and shall be supported by construction having at least a 2-hour fire resistance rating. (c) Any opening therein shall be protected by an approved self-closing fire door. (d) Openings in exit enclosures shall be confined to those necessary for access to the enclosure from normally occupied spaces and for egress from the enclosure. EXHi.~IT I2 ~ 1 page ) 11-5213. Any sleeping room belo~a the street floor shall have direct access to the outside of the building. • EXHIBIT I3 ~ I PA ~E) 5-2122. A door giving access to a stairway shall swing in the direction of exit travel. A door during its swing shall not block stairs or landings and in no case in new buildings shall any door at any point in its swing reduce the effective width of stair or landing to less than one unit of exit width, nor when open interfere with the full use of the stairs. EXyIBIT I4 CI PAGE) 11-6411. No stove or combustion heater shall be so located as to block escape in case of fire arising from malfunctioning of the stove or heater. EXHIBIT I5 ~I PACE) 1-2111. The purpose of this Code is to specify measures which will provide that degree of public safety from fire which can be reasonably required. The Code endeavors to avoid requirements which might involve unreasonable hardships or unnecessary inconvenience or interference with the normal use and occupancy of a building, but insists upon compliance with a minimum standard for fire safety necessary in the public interest, even though a financial hardship may be involved in some individual cases. • EX~~i~iT IF. ~I PACE) Uec`e,:~t>c:r 2~, 19ts~ Mr. I. F, itcesler EnvironmNnt:~l 1?eal+.:~~ Manager City of Kichf ielc~ 6700 Portlan:l Avt. ~. kicl7field, h;P3., 55423 Dear i~lr. Roesler: I have received your letter dated December 22, It has always lyc:E':i it:~' S,,O:a tii .;p!iT'at;E tale best 2ipaT't!Ti~nL ht7t.tSf in town at 7727 Wentworth Ave. S,, and I can proudly say that I have tenants livins~ there loner than eight years, Temperatbrre has been and will be maintained within legal limits. It is "out ~f my character" to deprive, an tenant of sdequate heat. 1 will cooperate fully with your inspecting officer to inspect my premises to determine if adequate heat is provided. However, 1 Rio prefer you to inspect it before January 3, 193!, since 1 mil'. be or vacation from work until then and will be convenient For me t~n meet you fcr inspection. • I would like to point= out that this teiperature complaint you received is from a tenant whu has caused nothing but trouble for me. lie is a welfare receipient who is totally capable of locating a job, He is also pending court action for fraud by the county, lie is a heavy smoker and violates the rules I set for the house, tie disturbs other tenants causing them to move. I have requested him to locate a "better" p1aQe to live long before he initiated this complaint. Yours very truly, r~ %, !chard J. -Chang Owner of 7727 Wentworth Ave. ~. Richfield, MN., 55423 Telephone: 944-7261(Home) 931-6541(Office) • EXHIBIT I7 ~ I pAr,E ) • 1-4111. This Code covers both new and existing construction. In various sections of the Code there are specific provisions for existing structures differing from those for new construction. Where there are no specific provisions in this Code for existing structures, the requirements for new construction shall apply. 1-4112. Existing buildings and structures shall not be occupied or used in violation of the provisions of this Code applicable thereto. • EXNI~IT Iu ~I PACE) • 1-4113. (a) The authority having jurisdiction may modify the general rule of 1-4112 under two conditions: (1) If the occupancy of the building in question is the same as it was prior to the adoption or amendment of these requirements. (2) Ch~ly those requirements whose application would be clearly impractical in the judgment of the authority having jurisdiction shall be modified. • (b) Any modification of the requirements for new buildings which, in the absence of specific provisions are applied to existing buildings, shall be allowed only to the extent that, in the opinion of the authority having jurisdiction, reasonable life safety against the hazards of fire, explosion, and panic is provided and maintained. (c) The specific requirements of this Code for existing buildings may be modified by the authority having jurisdiction to allow alternative arrangements that will secure as nearly equivalent safety to life from fire as practical, but in no case shall the modification be less restrictive or afford less safety to life than compliance with the corresponding provisions contained in this Code for existing buildings. (See also 1-3118) EXHIBIT 19 CI PAGE) • 1-blll. The authority having jurisdiction shall determine the adequacy of exits and other measures for Iife safety from fire in accordance with the provisions for the LIFE SAFETY CODE. In cases of practical difficulty or unnecessary hardships, the authority having jurisdiction may grant exceptions from this Code, but only when it is clearly evident that reasonable safety is thereby secured. RESOLUTION NQ.` RESOLUTION ORDERING REMOVAL ~ OF HAZARDOUS STRUCTURE LOCATED~AT 2118 WEST 69TH STREET WHEREAS, on July 12,.198:1; the residence located at 2118 West .69th Street, was damaged by fire; and WHEREAS, the Council has reviewed the. reports. of the City Building Inspector and the Assistant Fire Chief based upon-.their inspections of the subject property NOW THEREFORE, BE IT RESOLVED by the City .Council of the City of Richfield, Minnesota as follows: I. FINDINGS On he basis of the reports presented, together with. its obser- vations of the subject site and examination of photographs showing the extent of'fre damage, the Council makes the following Findings of Fact: 1. The structure is located upon land legally described asr Lot 010 Block-008 ;„ Addition Wood Lake Highlands J 2. The structure sustained physical damage as a result of the July 12, 1981, fire which. makes it unfit for occupancy, a rodent harborage and nuisance to neighbors in the area. 3. It is unoccupied .and susceptible to trespass. 4. The fire damage was of such an extent that repair of the existing .structure is not feasible. 5. The owner of the premises has been asked to demolish the structure but has refused to do so. II. CONCLUSIONS Based upon the foregoing, the City Council concludes that the structure located at 2118 [west 69th Street constitutes a hazardous building within the meaning of Minnesota Statutes 1981, Section 463.15 and as such is a fire hazard and a hazard to public safety or health. III. ORDER Based upon the foregoing, the City Council of the City of Richfield makes the following ORDER: ~'~_ r ~r 1. The owners of the property located. at 2118'West 69th Street are hereby ordered to raze and remove the said hazardous structure within 30 da s of h y e date of the service of this order. 2. Unless the structure is removed within said period or an answerserved upon. the City. in the. manner prescribed for the i serv ce. of answer in a civil action, the City. shall seek summary enforcement of this. Order in the District Court in and for Hennepin County. 3. A11 costs.. of abatement of the hazardous structure and enforcement of this Order shall constitute a lien upon the property collectable as provided'in Minnesota Statutes 1981, Section 463.21. 4. The city manager is directed to serve this order upon the w o ners as provided in Minnesota Statutes 1981,. Section 463.17. Passed by the City .Council of the. City. of Richfield, Minnesota thi , s day of 19..81. _~ Donald J. Priebe, Mayor ATTEST: Sylvia K. Bergh, City Clerk ;~ , ~~~~~~ ~ ~ ~~ J~;o ~~~ ~s~ ~ ~~ a ~ ~.~-JV~a.~o~a.+~v(,-~ ~ C,tstNVicv~., ~i~ ~ , ~-- ~""`1 ~. -f~ cum-- ~ (,~,-~~.~.~~ a~rsd~ ~ ~ ~'°`~ ~. z. `CGS. (~hrns~c. c~~u w`'" 1 ~~`'"d`" --- ~ • ~~~ °~° ~`~' • ~ ado ~~ cam' ~.~- A~~~ T ~~i `~- ~- w~~ ~ -~ - ~ °~ . `~-~~ ~~,~ ~Mk„,,~,.~, ~~- ~ t s cam. ~~~~-!.' • 5~~ ~ ~~ ~ ~ ~ ''°'"'"r' ~ ~ ate, ~- +~ ww~ ~~*"~1 ~-r u""'t ,j MINNESOTA LUMBER & WRECKING CORP.. DEMOLITION CONTRACTORS 915 N. Albert St. St. Paul, Minn. 55104 Dial: 645-8614 ~,. r y Richard Laird 861-4481 ° .~^° OWNER ~ ,.. AGENT ARCHITECT TO:.R~-eha~d, Laird, ..~.~, ,West. 36th. Street, Minneapolis,, ,Minnesota. 5,5408',, , , , , , , , , , , , , , CONTRACTOR Made this.... 2.7.th ..........................day of ...AuguSai ............................,....................., 19 $.7... . ........................... ` For ..Demolition. and, .removal ....................................................... . : . . Located at .:211$ . ~ses~ .69.th..Stzeet ..................................................:............................. . in the Ciry of...Minneapolis ................................. .State of . I~linnesota................................. . Subject to the Terms and Conditions hereinafter stipulated: (1) We agree to wreck, dismantle, and(or remove the above described structure.:...., in accordance with the following specifications: We .will demolish the building completely to include footings and foundations. We will fill resulting void. We will notify all utilities to discontinue and disconnect service, take care of rodent extermination, sewer and water cutoffs and secure ail necessary permits. If acceptable please sign and return one copy. $500,000.00 Single limit We will furnish Workmen's Compensation Insurance, Public Liability Insurance in the limits of ...............::...........and ...............:....:..............:..... ' Property Damage Insurance in the limits of ....................................and..................................... Other insurance .......................... The owner will have city water cut off at the main at his expense or will arrange with the City Water Department to retain the connection for future use (2) We will do this work for and in consideration of our receiving all salvage of every nature and description contained in andlor derived from said wrecking, all of which is to be- come our property, and in addition thereto payment to us of the sum of Two thousand, six., hundred.: and, ,fifty :.dollars.: and..no/100 ...: .....................:................:...........................................:...........:...:......... Douars (S. 2_, 650..0.0..:..............) payment of which shall be made as fouows:..Uptan .completion.. of..work ........................................................................: (3) Payments not made according to Contract Agreement will be chazged I % per month. (4) This proposal, if accepted, shall constitute a contract and agreement between the Wrecking Contractor and the Owner, Architect, or General Contractor, or any of their agents, for the wrecking of the buildings or structures named herein. (5) Notwithstanding the reference in previous Paragraphs to "wreck, dismantle, and remove," unless otherwise specifically stated in the specifications, the' Wrecking Contractor reserves the right to dismantle the budding or buildings by reducing the Floors, walls, ceiling, anif roots to tint panels, or to remove the building as a wholr or substantially as a whole, or by.accomplishing such wrecking, dismantling, and removal by such other means as it elects. (6) This proposal is submitted under the assumption that the buildings or structures when released to the Wrecking Contractor, will be in the same condition as when this proposal was submitted, and the Owner or. his agents agrees to pay to the Wrecking Contractor the prevailing market price for any materials or salvage taken from the premises y the Owner or others in the interveing time. (%) The Wrecking Contractor shall not be held liable for the adequacy or responsibility of any of the Architect's or Owner's plans, specifications or desigcs for shoring, bracing, temporary construction, such as canopies and bridges, or the stability of any parts of buildings, party walls, adjoining buildings, or parts thereof, which are to be left standing; nor does this proposal include any of the above work unless specifically mentioned herein. (8) This proposal is submitted under the assumption [hat the plans and specifications arc complete (unless otherwise noted), and no work is W be included that is not specifically mentioned. Any extra work which the Wrecking Contractor is requested to perform shall be paid for as extra work, and will be done only on the written direction of the Owner or Architect or their agents. (9) If the building or structures are dismantled according to contract, but arc found to be in violation of legal reyuirements or property righu of others, the Owner shall defend the Contractor against any suit or action brought against him for such violation, and shall pay all fines, damages and assessments levial against the Wrecking Contractor as a result of such suit or action. (10) In the event the said buildings or structures are damaged or destroyed prior to the date of the commencement of wrecking, then the Wrecking Contractor shall hove the option toYescind this proposal or agreement, and the Owner agrees to such rescission. (I I) Unless the contract (or this work states a definite per diem bonus and penalty for any specified time or length of time for completion, the Contractor shall not brheld liable arbe required to pay any amount as liquidated damages for delay in completion, and Owner shall waive all claim for damage against said Contractor fur his failure to complete the work in a given time. (12) This instrument shall contain all of the terms and conditions under which the work is to be done and shall not be altered or modified except for an additional written instrument newly signed by both parties. (13) This. proposal, if not accepted under the conditions herein stated, and within ten days. from date hereof, ceases thereafter, subject to the option of the Wreckine Convector. to be an offer for acceptance. ACCEPTED :............................................... 19 ....... (Owner-Agent-Architect-Contractor) By: ............................................................... .MINNESOTA LUMBER & WRECKING CORP. (Wrecking. Contractor) C. T. Trudeau. President I ~ ~~ ~ ~~"', . ~~ ~. ~~~'', ¢ ; R~w~~$ ~ 2t ~ l irk . ~~ i r _, ~~~~ CITY OF RICHFIELD, MINNESOTA Office of City Manager The Honorable Mayor and Members of the City Council City of Richfield ~ /a' Council Letter No. 398 i~Agenda November 23, 1981 Continued December 14,1981 Council Members: Subject: Resolution Initiating Removal of Hazardous Structure, 2118 West 69th Street On July 12, 1981, the dwelling at 2118 West 69th Street was. destroyed by fire. The home was a total loss and remaining struc- ture is damaged beyond feasible repair or rehabilitation. Since the fire, the public safety department has attempted to work with the property owner to have the remains removed, since it is creating a community hazard within the neighborhood. To date, the public safety department has been unsuccessful in obtaining the cooperation of the property owner in this matter. ~. In late July, 1981, the city constructed a six-foot security fence around the property. However, children have been able to gain access to the remaining structure, creating a significant safety hazard to themselves. Additionally, the remains have become a refuge for rodents and other animals, while also creating an un- sightly nuisance in the neighborhood. Since the public safety department has been unable to obtain cooperation of the property owner in removing this structure, and since the structure has been declared a public safety hazard, the city attorney has prepared a resolution to initiate action allow- ing the city to remove the remains. The cost of this work, as well as the city's cost for the security fence, will be assessed .against the property. It is recommended that the city council adopt the attached resolution, authorizing removal of this hazard. Respectfully submitted, Karl Nollenberger City Manager cc: City Attorney ~~ Public Safety Director KN/eja ~~~ 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. 398 ;Agenda November 23, 1981 Subject: Resolution Initiating Removal of Hazardous Structure, 2118 West 69th Street On July 12, 1981, the dwelling at 2118 West 69th Street was destroyed by fire. The home was a total loss and remaining struc- ture is damaged beyond feasible repair or rehabilitation. Since the fire, the public safety department has attempted to work with the property owner to have the remains removed, since it is creating a community hazard within the neighborhood. To date, the public safety department has been unsuccessful in obtaining the cooperation of the property owner in this matter. . In late July, 1981, the city constructed a six-foot security fence around the property. However, children have been able to gain access to the remaining structure, creating a significant safety hazard to themselves. Additionally, the remains have become a refuge for rodents and other animals, while also creating an un- sightly nuisance in the neighborhood. Since the public safety department has been unable to obtain cooperation of the property owner in removing this structure, and since the structure has been declared a public safety hazard, the city attorney has prepared a resolution to initiate action allow- ing the city to remove the remains. The cost of this work, as well as the city's cost for the security fence, will be assessed against the property. It is recommended that the city council adopt the attached resolution, authorizing removal of this hazard. Respectfully submitted, Karl Nollenberger City 1~Ianager Y_~ cc: City Attorney Public Safety Director KN/eja RESOLUTION N0. RESOLUTION ORDERING REMOVAL . OF HAZARDOUS STRUCTURE LOCATED•AT 2118 WEST 69TH .STREET WHEREAS, on July 12, 19.81, the residence located at 2118 West 69th Street, was damaged by fire; and WHEREAS, the Council has reviewed-the reports of the City Building Inspector and the Assistant Fire Chief based upon their inspections of the subject property NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield,. Minnesota as follows: I. FINDINGS On the basis of the reports presented, together with its obser- vations of the subject site and examination of photographs showing the extent of fire damage,.. the Council makes the following Findings of Fact: 1. The structure is located upon land legally .described as: Lot O10 Block 008 Addition Wood Lake Highlands 2. The structure sustained physical damage as a result of the July 12, 1981, fire which makes it unfit-for .occupancy, a rodent harborage and nuisance to neighbors in the area. 3. It is unoccupied and susceptible to trespass. 4. The fire damage was of such an extent that repair of the existing structure is not feasible. 5. The owner of the premises has been asked to demolish the structure but has refused to do so. II. CONCLUSIONS Based upon the foregoing, the City Council concludes that the structure located at 2118 West 69th Street constitutes a hazardous building within the meaning of Minnesota Statutes 1981, Section 463.15 and as such is a fire hazard and a hazard to public safety or health. III . ORDER Based upon the foregoing, the City Council of the City of Richfield makes the following ORDER: 4. l 1. The owners of the property located at .2118 West 69th Street are hereby ordered to raze and remove the said hazardous structure within 30 days of the date. of. the service of this order.. 2. Unless the structure is removed within said period or an answer served upon the City in the manner prescribed for the service of answer in a civil action, the City shall seek summary enforcement of this Order in the District Court in and for. Hennepin County. 3. All costs of abatement of the hazardous .structure and enforcement of this Order shall constitute a lien upon the property collectable as provided in Minnesota Statutes 1981, Section'463.21. 4. The city manager is directed to serve this order upon the owners as provided in .Minnesota Statutes 1981, Section 463.17. Passed by the City Council of the City of Richfield, Minnesota, this day of ~ 19.81. Donald J. Priebe, Mayor ATTEST: Sylvia K. Bergh, -City Clerk ~- ~' CITY OF RICHFIELD,"MINNESOTA Office of City Manager Council Letter No. 3,97 s~Q~i~genda November 23 , .1.981 /\ ~ ,:; The Honorable Mayor w' .and: n ~ t~fJ ~ Members of the City Council ~ `C' city of Richfield ~ ~~~ ` Council Members: Subject: Update on; City Financial Situation ' ' There is an item on the November. 23, 1981 city council agenda providing for an update. on the fnancial:situation of the City of Richfield. Attached to this councilletter is a chart showing the city's projected 1982 genera fund cash flow. Council members have prey- iously reviewed some of this information. You might. recall that this` cash flow picture originally assumed that the city. would not receive' its_November or December, 1982 local`'goverriment aid payments, nor receive its December, 1982 homestead credit. The original chart '- also assumed a 20 percent decrease in the city's 1.982 local govern- ment aids payments.- On Monday, November 16, 1981, Governor Quie's office. announced .~A3\ that the November, 198 homestead credit payments a municipalities would also be withheld. The attached chart has an additional column "showing. the balance each month__during 198.2 after the November home- stead credit is withheld, assuin;ing that. all the previous assumptions are unchanged. Thee result of the state-:withholding this additional $174;-000 from the city means that; by year-end. 1982, ,the city's fund balance in the general-fund will be reduced to $56,724>. This is from an ..originally anticipated 1982 year-end-fund balance of $1,,729,070. Ln addition to the loss of local government. aid payments and homestead credit revenues, the city will .suffer-a serious. loss of revenues from interest-earnings. For. instance:, the withheld local .government aid and homestead"credit payments for November 'total $484,000. Assuming a 14'.percent interest..rate, the city-would have earned $5,550 n:riterest just on those `:monies during. one<month; The 'withheld December local government aid'-and homestead credit payments .total :$484;,00Q also, making; the total lost revenues fgr\those two months equal to $968,00`0, and totallost-interest earnings on those monies equal to $11,300 per month. If the city does :not receive those, monies;`sometime during 1.982:, we will .continue to lose that $11,3Q0 for.' each month. until probably May,'-1982, when we ordinarily would have ,~ expected to need the monies to meet operating expenses. Respectfully submitted, -Karl Nollenberger City Manager ' cr_ Program Directors CHART SHOWING 1982 CASH FLOW FOR GENERAL FUND BALANCE WITH NOVEMBER BEGINNING BALANCE REVENUES EXPENDITURES BALANCE HOMESTEAD CREDIT WITHHELD $ 985,070 $ 137,220 $627,429 $ 494,861 $ 320,861 494,861 125,970 627,420 (6,598) (180,598) (6,598) 125,970 627,429 (508,057) (682,057) (508,057) 137,220 627,429 (998,266) (1,172,266) (998,266) 125,970 627,429 (1,499,725) (1,673,725) (1,499,725 145,379 661,950 (2,016,296) (2,190,296) (2,016,296) 1,849,239 661,951 (829,008) (1,003,008) (829,008) 614,948 661,950 (876,003) (1,050,003) (876,003) 595,538 627,429 (907,894) {1,081,894) i (907,894) 606,788 627,429 (928,535) (1,102,536) (928,535) 595,538 627,429 (960,426) (1,134,426)- (960,426) 1,818,579 627,429 230,724 56,724 O ~ ._ ~ ~ N ~~ ~~~~ n a~ ~ hf~~ 7 i ~ ~, , (Revised 11/18/81) January February March April May June. July August September October November December ~, ~ y GTTY OF RICHFIELD,'MINNESOTA Office of City Manager y - - I 7 Council Letter No. 397 ii~genda:November 23, 1981.. ,; The Honorable Tlayor `and ~~, Members of he City Council City of Richfield ' Council Members:; , Subject: Update_on City Financial Situation There is an item on the November 23 1981 city council agenda providing for an ;update on the fnancial.situation of the City of !Richfield. Attached to this council letter is a chart showing the city's projected 1982 general fund cash flow. Council members havepre~- iously 'reviewed some of this information. You might recall `that this , cash flow picture originally assumed-that, tlie`city would not ,receive its November or~December, 1982 locale government aid payments, nor ' receive. its December, 1982 homestead :credit.. The original chart also assumed a.20 percent decrease iri the city's 1982 local govern- °ment aids payments. On Monday, November 16, 1981, Governor Quie's office announced that the November, 1982 homestead credit payments to municipalities would also'be,.wthheld. The attached .chart has an additional column showing the balance each month,.during 1982 of er the November home- stead credi is withheld, assuming that all the pr-evious assumptions -are urrchanged. ;The result of the state withholding this additional $174,000 from the city means. that, $y year-.end 1982, the city's fund balance in thegeneral:fund will be .reduced to $56,724. This.; is from an originally anticipated 19:82 :year-end fund ..balance of $1,729,070. In addition to the ,loss`of local government aid•payments.and homestead credit ;revenues, the city will. suffer a=:serious _loss" of revenues .from interest earnings.` For instance, the withheld local government aid and homestead credit payments for November total $484,000. Assuming a 14 percent interest rate, the city would have- earned $5',650 in :interest just on those monies during one month. The withheld December local government aid and homestead credit payments total '$:484,000 also; making.. the total ,lost revenues for those two month-s equal to-596.8,000, and total lost interest earnings on those ` monies equal to; $11 ,300 per `month. If the city-.does not receive those monies sometime;duninq 1982, we will continue to Tose that-$11,30-0 for each month until probably May, 1982, when we ordinarily would.:-have ,~ expected to ,need the monies to meet operating expenses. • Respectfully submitted.:, Karl Nollenberger ,_, City Manager- rr Prncr~-.~t;1 l7TYE3C'.tUrS • CHART SHOWING 1982 CASH FLOW FOR GENERAL FUND BALANCE WITH NOVEMBER BEGINNING BALANCE REVENUES EXPENDITURES BALANCE HOMESTEAD CREDIT WITHHELD $ 985,070 $ 137,220 $627,429 $ 494,861 $ 320,861 494,861 125,970 627,420 (6,598) (180,598) (6,598) 125,970 .627,429 (508,057) (682.,057) .(508,057) 137,220 627,429 (998,266) (1,172,266) (998,266) 125,970 627,429 (1,499,725) (1,673,725) (1,499,725 145,379 661,950 (2,016,296) (2,190,296) (2,016,296) 1,849,239 661,951 (829,008) (1,003,008) (829,008) 614,948 661,950 (876,003) (1,050,003) (876,003) 595,538 627,429 (907,894) (1,081,894) (907,894) 606,788 627,429 (928,535) (1,102,536) (928,535) 595,538 627,429 (960,4.26) (1,134,426) (960,426) 1,818,579 627,429 230,724 56,724 ~' ~' (Revised 11/18/81.)` x January February March April Mai June July August September October November December