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08-13-79 agenda0 CITY OF RICHFIELD, MINNESOTA Office of City Manager Council Letter No. 246 Agenda August 13, 1979 The Honorable Mayor and Members of the City Council City of Richfield Council Members: Subject: Approval of Interior Remodeling Improvements Lyndale Avenue Liquor Store On June 11, 1979, the city council approved the plans and authorized the advertisement for bids to undertake renovations of the Lyndale Avenue liquor store exterior. There is $80,000 provided in the 1979 capital improvement program budget to finance these improvements. At the time that the council approved the plans and specifica- tions for the exterior remodeling, the council also directed the staff to develop a proposal for renovation and remodeling of the Lyndale store interior. There is an item on the August 13, 1979 city council agenda providing for council review of the preliminary report on that proposed interior remodeling project. Attached to this council letter is a preliminary list of the improvements to be undertaken, and probable construction costs for those improvements. The improvements are divided into four major areas, which entails significant remodeling of the retail sales area, including the installation of new carpeting, new check -out counters, new wine and display cases, painting, tile replacement in the vestibule area, and replacement of existing lights and ceiling area. A second component of the proposed remodeling project is to improve the office and lunchroom area, to meet existing health and safety codes. This component would also include carpet replace- ment, new wall covering, installation of new ceiling and light fix- tures, etc. The third part of the project provides for modification of the receiving and storage area in the exterior of the store. An overhead delivery door would replace the existing swinging doors, as an energy conservation matter, and areas for box storage and employee lockers would be added. The final category of improve- ments includes the general items of installing a first floor fire sprinkler system and installation of a humidification system. The total estimated cost for completing these improvements, including a contingency and architectural fees, is $101,400. The exterior improvements to the Lyndale liquor store are to be completed this fall, with a tentative completion date scheduled J Council Letter No. 246 -2- August 13, 1979 for early November, prior to the major holiday business period. Because of the extensive nature of the interior improvements, it will be difficult to begin and complete these improvements at the same time that the exterior remodeling is taking place. If the interior improvements were to be initiated this fall, much of the store would be in a state of construction during the peak business season from mid-November through the year end. For this reason, it is my recommendation that the interior remodeling project be deferred until early 1980. This recommendation is based on several considerations: 1. The business disadvantages of having the store under construction during the peak business season, as men- tioned; 2. The necessity to further evaluate the architect's preliminary report and schedule of proposed improve- ments in operational terms, and priority of need as related to expense; 3. The need to identify financial resources to support the remodeling. The original 1979 capital improvement budget contemplated that most of the improvement work would focus on the outside, but that the $80,000 appropriation would be sufficient to cover at least carpeting and painting in the interior of the store. Because of increased costs since the capital improvement budget was adopted, all of the $80,000 appropriation will be necessary to finance the exterior improvements. Bids will be received on August 23, 1979 and considered by the city council at the August 27, 1979 city council meeting. There is currently no funding appropriated for a major interior remodeling such as that under discussion; 4. The need to evaluate the proposed liquor store remodeling in conjunction with all of the city's 1980 capital improve- ment projects and to weigh funding alternatives for all of those projects simultaneously. The proposed 1980/86 capital improvement program is now being developed by the staff, and it is anticipated that the proposed program will be available for council review by October. Therefore, I would recommend that the city council take action to approve the preliminary architect's report, direct the staff to finalize the components to be included in the improvement project, as well as finalize the cost estimates, and direct the staff to develop a proposed 1980 Lyndale liquor store interior improvement project for council review in conjunction with review of the overall 1980 capital improvement budget. Respectfully submitted, _ Karl Nollenberger City Manager cc: Liquor Store Manager n: Finance Director City of Richfield Municipal Liquor Store Interior Remodeling - Lyndale Avenue South & 65th Street Probable Construction Costs August 1,1979 Retail Sales Area: Remove existing carpet and install new carpet. Install quarry tile in vestibule and in front of checkout counter. Paint walls above shelving on north and south wails. Install gypsum board on west wall and paint. Remove existing ceiling and light fixtures and install new ceiling and light fixtures NOTE: Ceiling will be lowered to line up with the tops of the existing windows and the new light fixtures will be an energy efficient type. Modify existing duct work to accommodate new ceiling. Install new electrical outlets to accommodate new floor plan. Install new sound system Install a video security system. Install new wine racks. Install display cases for liquor decanter bottles and premium wines. Install new checkout counters. Install new wine chillers. Repair existing beer chute. Sub -Total $ 58,000.00 Office /Lunchroom Area: Remove existing carpet and instafl new carpet. Reinforce office floor to accept safe. Install new wall in lunchroom adjacent to stair'to accommodate kitchen cabinets. Install kitchen base and wall cabinets with undercounter refrigerator, sink, and cook top unit. Install new vinyl wall covering. Remove existing ceiling and light fixtures and install new ceiling and light fixtures. Sub -Total Receiving Area: Remove existing entry door and fill opening with masonry. Remove existing overhead delivery door and install a pair of swinging doors and fill in the remaining opening with masonry. Install new box storage room with doors to receiving room and the exterior. Install new wall adjacent to conveyor to accommodate storage. Install employee lockers. Sub -Total $ General Items: Install sprinkler system on first floor. Install humidification system. Sub -Total $ 4,000.00 7,000.00 .7,500.00 City of Richfield Municipal Liquor Store - Lyndale Avenue South & 65th Street Interior Remodeling Page Two Total Costs: Retail Sales Area $ 58,000.00 Office /Lunchroom Area 4,000.00 Receiving Area 7,000.00 General Items 7,500.00 Contingency 4,000.00 $ 80,500.00 Contractor's general conditions, overhead & profit 12,500.00 $.93,000.00 Architectural/Engineering Fee 8,400.00 $101,400.00 These probable construction costs are based on the proposed remodeling work being.. bid within the next two (2) months. Additional costs of 1.25 percent per month should be added onto the costs for each month thereafter the bidding is postponed. /3 CITY OF RICHFIELD, MINNESOTA Office of City Manager Council Letter No. 245 Agenda August 13, "1979 The Honorable Mayor and Members of the City Council City of Richfield Council Members: Subject: Purchases in Excess of $1,000 Chapter Six, Section 6.05 of the city charter stipulates that the city council must approve purchases of merchandise, materials, equipment or construction when the amount exceeds $1,000. There are three such items on the August 13, 1979 city council agenda. Tot Lot Slides The Nicollet Park 1979 minor improvement project provides for construction of a play lot. The first bidding of the project exceed- ed project costs primarily because of the slides to be provided in the.play lot. The second bidding and subsequent award of contract did not include the slides, because the staff felt that the slide material could be purchased directly and installed by city crews for much less cost. Quotations to provide play lot slides have been solicited and received. Several companies do not provide the spiral slide specif- ied. Of those qualified bidders, -the lowest quotation received for the spiral slide was submitted by Miracle's Jamison, in the amount of $1,569 plus approximately $120 for shipping. The total purchase price for the slides would be 51,689. Sufficient monies for this purchase are avilable in the Nicollet Park construction project and it is, therefore, recommended that the city council approve the purchase of Nicollet Park slides in the amount of 51,689. Crushed Limestone The Wood Lake Nature Center has received grants from LAWCON (Land and Water Conservation Fund) and LCMR (Legislative Commission on Minnesota Resources) for the purpose of improving the trails at the center. Quotations have been solicited from three firms for unit prices on 1136 tons of 3/8 crushed limestone, delivered. The lowest unit price quotation received for this purchase was submitted by J. L. Shiely Co., in the amount of $4.40 per ton. The total purchase price would be 54,998.40. Sufficient monies for this purchase are available in the Wood Lake trail project and it is therefore recomm- ended that the city council approve the purchase of crushed limestone from J. L. Shiely Co. in the amount of 54,998.40. L� - Council Letter No. 245 -2- August 13, 1979 Fenc ing As the golf course reaches the crucial seeding period, it is necessary to fence the most accessible and critical areas of the course to deter unauthorized motor vehicles, such as automobiles and motorcycles from entering the area. . Quotations were solicited from -three firms for a four foot, 9 gauge galvanized chain link fence including posts and top rail. Quo- tations were submitted on a unit basis per lineal foot. The estimated area to be fenced at this time is 3,500 feet, primarily along Long- fellow Avenue south of 69th Street. City crews would be used in the installation of the fencing. The lowest quotation received for the purchase of fencing was submitted by Crown of Minnesota, Inc. in the amount of $2.76 per lineal foot. Sufficient monies are available in the golf course con- struction project for this purchase and it is recommended that the city council approve this purchase of fencing from Crown of Minnesota, Inc. in the amount of $2.76 per lineal foot. Respectfully submitted, [Js" t�'�s Karl Noli.enberger City Manager KN /e j a cc' Nark and Recreation Director n( �� CITY OF RICHFIELD, MINNESOTA Office of City Manager Z S Council Letter No. 244 Agenda August 13, 1979 The Honorable Mayor ( °r and Members of the City Council City of Richfield�� o Council Members: Subject: Tabulation of Rids, Minutes, and Award of Contract for Improvements to Lift Station #4 On August 9, 1979, the city manager opened bids for renova- tion and repair of lift station #4, in accordance with previous city council authorization. The acting public works director, planning and redevelopment director, engineer, and acting city clerk were also present at that bid opening. The bid minutes and tabulations are attached for council review. The 1979 capital improvement program provides for renovation of Lift Station No. 4, located at 74th Street and 14th Avenue. The major components in this lift station are fully depreciated and need major repair. The project for which bids have been taken would provide for replacement of -the existing pumping mechan- ism. The replacement pump would be a submersible type, which is considerably more efficient than the existing pumping mechanism, as well as easier to maintain and repair. The proposed pumping equipment has the aesthetic advantage of being able to be placed underground. Two alternate bids were also requested. The first alter- nate provided for a portable generator trailer mounted to be used for auxiliary power at any of the four lift stations, in case of power failure. The second alternate bid provided for landscaping around the area. The landscaping of the lift station area was proposed to complement the landscaping around the entire ponding area which had been proposed as part of the Norby- Wilson storm drainage improvement project. Four bids were received for the lift station #4 improvement work. The low bid was submitted by F. F. Jedlicki, Inc., in the amount of $73,375. If the alternate bid for equipment were to be considered, which provides for substitution of Fairbanks Moorse pumps in place of Flyght pumps, the bid of Overdahl Construction would be low bid, in the corrected base bid amount of $72,100. However, based on the availability of Fairbanks Moorse parts with a local distributor, it is the recommendation of the acting public works director, in which I concur, that the low base bid of $73,375, reflecting the specified equipment, be awarded. Council Letter No. 244 -2- Agenda August 13, 1979 It is further recommended that the alternate bids for the mobile generator and the landscaping be rejected. The mobile generator is a piece of equipment which could be added at a future date, if it appears desirable. The landscaping plan proposed in the bid specifications called for extensive land- scaping which would essentially curtain the entire lift station area, and would complement the proposed landscaping plan for the overall pond improvements. Since development of these bid specifications, the city council has taken action to delete the pond landscaping project from any drainage improvements to be undertaken in the area. Therefore, I believe that a modified landscaping plan would be most appropriate for the lift station, and would propose that such landscaping could be undertaken by city crews, out of operating funds in subsequent years. There is $42,000 appropriated from the sewer utility fund for this project in the 1979 capital budget. Because the ordering of pumps will delay implementation of the project until early 1980, and an additional $40,000 is anticipated in 1980 for lift station improvements, sufficient funds will be available in the 1979 -80 combined capital improvement program to cover the cost of the bid. In summary, it is recommended that the city council award the bid to F. F. Jedlicki, Inc. in the amount of $73,375, for pump replacement and overall renovation of lift station #4. Respectfully submitted, Karl Nollenberger City Manager KN:sb cc: Acting Public Works Director Acting Finance Director • CITY OF RICHFIELD Bid Opening August 9, 1979 Lift Station No. 4 Modifications and Appurtenant Work City Project No. 736. Pursuant to requirements of Resolution No. 1915, a meeting of the administrative staff was called by Karl Nollenberger, City Manager, who announced that the purpose of the meeting was to receive, open and read aloud, sealed bids for Lift Station No. 4 Modi- fications and Appurtenant Work as advertised in the official newspaper on August 1, and 8, 1979. Present: Karl Nollenberger, City Manager Marshall Raaen, Acting Public Works Director Art Bailey, Engineer Richard Krier, Planning & Redevelopment Directc Sylvia Bergh, Acting City Clerk The following bids were submitted and read aloud: BIDDER AND BID SECURITY ALTERNATES MOBILE LAND- ALTERNATE BASE BID GEN. SCAPE EQUIPMENT New Mech Companies Deduct B.B. 5% $88,000 $11,800 $20,000 $5,000 Orvedahl Construction Deduct B.B. 5% 76,600 11,000 8,880 4,500 G. L. Contracting, Inc. Deduct B.B. 5% 85,720 12,000 9,600 2,000 F. F. Jedlicki, Inc. B.B. 5% 73,375 10.500 The City Manager announced that the bids would be tabulated and considered at the August 13, 1979 city council meeting. Sylvia K. Bergh Acting City Clerk • • 18 CITY OF RICHFIELD, MINNESOTA Office of City Manager The Honorable Mayor and Members of the City Council City of Richfield Council Members: 44 Council Letter No. 243 Agenda August 13, 1979 17�pv ` '4 ca—aV?_. Subject: Discussion of Parking and Traffic in Residential Area North of Hub Shopping Center _0_n_M_a__y_29, 1979, the city council directed the staff to evaluate and develop a report on parking and traffic problems in the East Pleasant Avenue - Pillsbury Avenue residential area north of the Hub shopping center. A presentation of this staff report is scheduled for the August 13, 1979 city council meeting. The staff report relates to four specific options on which the council requested additional information: Proposal No. 1 - Grade Level Railroad Crossing at 63rd Street The proposal to establish a grade level railroad crossing at 63rd Street -is estimated to cost almost $8,_000, as shown in the summary of Proposal No. 1 attached. This total does not include right -of -way purchase. The acting public works director, city attorney, and administrative assistant met with railway company officials on July 23, 1979 to discuss this and several of the other alternatives. The railroad representatives voiced objections to the establishment of any additional grade level crossings for two rea.s.onsc * every new grade level crossing established is now required to have — a`-glugma- zed warning system; (2) a grade crossing at either 63rd or 64th. Street would cross two trac %s- one -of which is used in by -pass and switching opera- tions, creating significant operational problems for the railroad. Proposal No. 2 - Widening of 6300 and 6400 Block, East Pleasant Avenue The second proposal evaluated was the possibility,of_widening the 6300 and 6400 block of East Pleasant Avenue to permit two way traffic, with a parking lane. The attached cost breakdown estimates for Proposal No. 2 show that the cost of widening East Pleasant Avenue and making the associated intersection improve- ments at East Pleasant Avenue and 64th Street would be approxi- mately $45,260. This proposal would entail either purchasing of additio al rigFit -of -way, to widen the street to the east, or receiving an easement from the railroad company to use a portion of their--right—of—way on the west for parking purposes. Costs of purchasing right -of -way or easements are not included. • • 0 Council Letter No. 243 -2- Agenda August 13, 1979 Proposal No. 3 - Grade Level Railroad Crossing at 64th Street The estimated cost of pro in the railroad crossing across 64th Street is approximatel $x,80 but since the railroad company is unwilling to consi er establishment of grade level crossings at either 63rd or 64th Street, this alternative appears to be unfeasible. Proposal No. 4 -_Reopening of Pillsbury Avenue at West 65th Street This proposal would provide for extension of Pillsbury Avenue from the recently installed cul -de -sac southward to the new 65th Street. The cul -de -sac on Pillsbury Avenue was estab- lished as part of the L /H /N public improvement - -- plan- -, - -wh-i-ch ---was approved by the city council, RING Committee and CIC Committee after numerous meetings and public hearings with residents and businesses of the area. The closing off of Pillsbury Avenue was supported at that time by the residents in the area north of 65th Street, who had expressed concern with commercial traffic in the area using Pillsbury Avenue as a "short -cut" out of the Hub shopping center. However, when the cul -de -sac was actually completed, the residents in the area became concerned with the limited ingress and _egress _to their- homes. On May 29,_ -1979, the city council reestablished East Pleasant Avenue for two -way traffic, and eliminated on- street parking on East Pleasant. the use of Pleasant Avenue for two way traffic flows, rather than for one -way traffic, resolved most of the access problem, but has created additional problems for residents _of___the apartment buildings adjacent to Pleasant Avenue who had relied for addi- tional parking space on the on- street parking. Accordingly, the. city council has asked that the staff evaluate the possibility of widening Pleasant Avenue in such a way as to permit both two - way traffic and on- street parking. That possibility is described as Proposal No. 2. Reopening of Pillsbury Avenue at West 65th.St�zet ---i pGti- mated to cost $9,490. Because of the continued possibility, however, of commercial traffic using the residential area as a short -cut, it is the recommendation of the staff that Pillsbury Avenue remain cul -de -saced just north of West 65th Street. If the council wishes to undertake changes to the traffic pattern or parking in this area, the alternative that appears most desirable to retain the residential character of the area is that of widening East Pleasant Avenue to provide parking in an easement area on railroad right of way. The railroad would propose to grant the city a 15 -foot easement, which would provide a parking lane and a buffer area behind the curb. The railroad has also requested that the city construct a six -foot high chainlink fence, four feet in back -of the proposed new curbline. f(2 �Lt r< CC�rCCC2•.l (=li(L V�C-tE tf �UD'Lt�ou0 Lei =tzi� v+� b� Council Letter No. 243 -3- Agenda August 13, 1979 If the city council wishes to pursue any of these alterna- tives, it would be appropriate for the council to direct the staff to develop a specific project plan with firm cost estimates, and a financing proposal. The railway company has indicated a willingness to consider a formal proposal for an easement along their right -of -way from the city, and it would be necessary for the city council to authorize the staff to develop a proposal requesting granting of the easement as described in this letter. Respectfully submitted, KZ01"S tl'1'114� Karl Nollenberger City Manager KN:sb cc: Acting Public Works Director City Attorney • 0 C7 July 25, 1979 Dear Resident: On the August 13, 1979 City Council meeting agenda there is a discussion item concerning various proposals to improve traffic circulation in the area between East Pleasant Avenue and Nicollet Avenue and north of 65th Street to 62nd Street Crosstown. You are cordially invited to attend and participate in the discussion on this matter. Any questions regarding this item, that you might have, please feel free to call 869 -7521. MR:wl Marshall Raaen Acting Public Works Director telephone: 869 -7521 (612) an equal opportunity employer L O ■® O O ~ V cfl C7 July 25, 1979 Dear Resident: On the August 13, 1979 City Council meeting agenda there is a discussion item concerning various proposals to improve traffic circulation in the area between East Pleasant Avenue and Nicollet Avenue and north of 65th Street to 62nd Street Crosstown. You are cordially invited to attend and participate in the discussion on this matter. Any questions regarding this item, that you might have, please feel free to call 869 -7521. MR:wl Marshall Raaen Acting Public Works Director telephone: 869 -7521 (612) an equal opportunity employer • 0 is PROPOSAL #1 RR Crossing At 63rd Street and M.N.& S. Railway. Concrete Curb Removal 80 ft. @ $6 /ft. $480 Tree, Clearing & Grubbing 2 Trees @ $300 /Tree 600 Post Removal 6 Posts @ $25 /Post 150 Excavation, Common 55 cu yds @ $5 /cu yd 275 Backfill to Sub -grade (class 5) 40 cu yds @ $9 /cu yd 360 Bit. Base Mixture (2.5 ") 85 T @ $25/T 2,125 Bit. Wearing Mixture (2 ") 23 T @ $25/T 575 Curb & Gutter 135 ft. @ $10 /ft. 1,350 Stop Sign, F & I (24 ") 3 Signs @ $40 /Sign 120 Sodding & Topsoil 100 sq yds @ $4 /sq yd 400 Misc. Signing, Painting, Etc. 500 Sub -total $6,935 Engineering & Inspection 1,050 Total* $7,985 *NOTE: This total does not include right -of -way purchase. *•t +� A.,*Ao"r V +�• stir .y- .+.. ff \ j f'�I I• _ r+ Y j t_� ta All lift MmA 'ire ... � � jj•• a '� f,� . V �' r- �l� tal i... � � � i�, i�Y a I • Ty "t ,,{,, _ I I i r I � r � r, �'.�Y .f � � a _ •K �9. ,.w'�'�i�•.�.�*Yr�%��'� '" ,jz,'3. I j ' i r j r t'ri. �.i .t'!l.,.r.l• <'��' � � ^ � !: : `� it;'s� 2'�� r .'Y1'iY. ' _, 1 � � f � I . n� �t r. MS r 'NVSi ..w h fi :Dly.�CCa. Az r t T`.•tyil�k�� - j so — -- - "..F;."""� r 1 a � a a; Y�1 PROPOSAL #2 Part I: 6400 block, East Pleasant Avenue • Curb Removal 485 ft. @ $6 /ft. $2,910 Sign Removal 4 Signs @ $10 /Sign 40 Excavation, Common 200 cu yds @ $5 /cu yd 1,000 Backfill to Sub -grade 100 cu yds @ $9 /cu yd 900 Bit. Base Mixture 95 T @ $25/T 2,375 Bit. Wearing Mixture 75 T @ $25/T 1,875 Curb & Gutter 650 ft. @ $10 /ft. 6,500 Signs, Removal & Replacement 6 Signs @ $35 /Sign 210 Sodding & Topsoil 375 sq yds @ $4 /sq yd 1,500 Misc. Signing, Painting, Etc. 250 Sub -total $17,560 Engineering & Inspection 2,640 . Total* $20,200 Part II: Intersection, East Pleasant Avenue and 64th Street Curb Removal 50 ft.@ $6 /ft. $300 Tree, Clearing & Grubbing 3 Trees @ $300 /Tree 900 Post Removal 2 Posts @ $25 /Post 50 Sign Removal 2 Signs @ $10 /Sign 20 Excavation, Common 25 cu yds @ $5 /cu yd 125 Backfill to Sub -grade 15 cu yds @ $9 /cu yd 135 Bit. Base Mixture 8 T @ $25/T 200 Bit. Wearing Mixture 7 T @ $25/T 175 Curb & Gutter 56 ft. @ $10 /ft. 560 Sodding & Topsoil 35 sq yds @ $4 /sq yd 140 Misc. Signing, Painting, Etc. 150 . Sub -total $2,755 Engineering & Inspection 425 Total* TY, 180 • ;7 PROPOSAL #2 (cont. Part III: 6300 block, East Pleasant Avenue Curb Removal Sign Removal Excavation, Common Backfill to Sub -grade Bit. Base Mixture Bit. Wearing Mixture Curb & Gutter Sodding & Topsoil Signs, Removal & Replacement Misc. Signing, Painting, Etc. 620 ft. @ $6 /ft. $3,720 3 Signs @ $10 /Sign 30 240 cu yds @ $5 /cu yd 1,200 125 cu yds @ $9 /cu yd 1,125 105 T @ $25/T 2,625 84 T @ $25/T 21-100 645 ft. @ $10 /ft. 6,450 360 sq yds @ $4 /sq yd 1,440 4 Signs @ $35 /Sign 140 250 Sub -total $19,080 Engineering & Inspection 2,800 Total* $21,880 Proposal #2 Total* $45,260 *NOTE: These totals do not include right -of -way purchase or subsequent easements. -2- • • [7 RR Crossing, 64th Street and M.N.& S. Railway. Curb Removal Tree, Clearing & Grubbing Post Removal Sign Removal Excavation, Common Backfill To Sub -grade Bit. Base Mixture Bit. Wearing Mixture Curb & Gutter Sodding & Topsoil Stop Signs, F & I Misc. Signing, Painting, Etc. 160 32-8 ft. @ $6 /ft. 4 Trees @ $300 /Tree 4 Posts @ $25 /Post 2 Signs @ $10 /Sign 55 cu yds @ $5 /cu yd 23 cu yds @ $9 /cu yd 40 T @ $25/T 18 T @ $25/T 75 ft. @ $10 /ft. 50 sq yds @ $4 /sq yd 4 Signs @ $40 /Sign Sub -total Engineering & Inspection Total* *NOTE: This total does not include right -of -way purchase. $960 1,200 100 20 275 207 1,000 450 750 200 160 600 $5,922 900 $6,822 =I- ;.3X _'�'"^r'.^i? XF:•�.lo•.—� � j I yam, k�i IL a{ -ill+ L:.Yp ` S; AWL Aiif AO-+,.r -� —'mac, •�, �`� �+�- -- "e.x .,rte o,- � S'd L ,� � � ! � ! , � �. �•+ .. u':. �E: � K. _z Mr :.> }�-- ; �r, � • , � `, � �: . Vii. i• � W - ter. •.. � I `(� _ _.f •'ZZ : 3 t � '�.r . • PROPOSAL #4 West 65th Street and Pillsbury Avenue Sidewalk Removal (concrete) 25 sq yds @ $3 /sq yd $75 Curb Removal 165 ft. @ $6 /ft. 990 Transplant Shrubs & Trees 20 @ $65 /shrub 1,300 Excavation, Common 110 cu yds @ $5 /cu yd 550 Backfill to Sub -grade 50 cu yds @ $9 /cu yd 450 Bit. Base Mixture 45 T @ $25/T 1,125 Bit. Wearing Mixture 36 T @ $25/T 900 • 4" Depth Sidewalk 200 sq ft @ $3 /sq ft 600 18 ft. Drive Apron & Matching Work 550 Curb & Gutter 120 ft. @ $10 /ft. 1,200 Sodding & Topsoil 50 sq yds @ $4 /sq yd 200 Misc. Signing, Painting, Etc. 350 Sub -total $8,290 Engineering & Inspection 1,200 Total* $9,490 *NOTE: This total does not include right -of -way purchase. rTl ZI <r 105 +00 MATCH LINE ( vi . — PC 105+10.00 , 160S.Y.00 PATCH Oj CO Ul C4, 6 Lo N -nCN rm Oi M CO OD 4, 0 .. M r C7 i 0 s A D nxv � J t. 0 < D CO cli CJ1 N K 0 Jp m cly ul ED r m Z X C7 [C1 D< -V O z � G) — -- ari o cn CO ;n f sst ��. •' t -� M ° .. - ., r i— C� �p CITY OF RICHFIELD, MINNESOTA Office of City Manager 0 The Honorable Mayor and Members of the City Council City of Richfield Council Members: Council Letter No. 242 Agenda August 13, 1979 Subject: Discussion of Lease Agreement With Richfield School District for Central School Office Space There is an item on the August 13, 1979 city council agenda providing for council discussion of the lease agreement with the Richfield School District for use of office space in the Central School building. Since May, 197b, the Richfield Youth Employment Service has leased office space from the Richfield School District in the former Central Elementary School building. The lease arrangement between the city and the school district from May, 1978 to June, 19/9 pro - vided for a monthly rental rate of $176.25. The school district has recently advised us that the proposed lease agreement for July 1, 19'/9 through June 30, 1980 for this office space provides for a monthly rent of $206.25, which represents a $30 per month increase over the previous rental rate. The annual rental increase amounts to 5360 for a 17% increase. This item is placed on the council agenda for discussion. It is recommended that the item be referred to the joint facilities committee for consideration in light of usage fees for all city and school facilities. KN /jf Respectfully submitted, Karl Nollenberger City Manager /7 M CITY OF RICHFIELD, MINNESOTA Office of City Manager 0 Council Letter No. 241 Agenda August 1j, 1979 The Honorable Mayor and Members of the City Council City of Richfield Council Members: Subject: Discussion of Preliminary Studies of Edina/ Richfield Storm Water Drainage On July 23, 1979, the city council reviewed a preliminary report on the Edina /Richfield storm water drainage study. A copy of the council letter and summary of the report which was forwarded to the council at that time is attached for your review. After the council's discussion on July 23, 1979, a question was raised regarding the possibility of the city establishing a special storm sewer improvement tax district. The council requested that the city attorney investigate this matter and develop a response for council review at the August 13, "979 city council meeting. A copy of Mr. LeFevere's response is attached. In summary, it is his conclusion that Richfield would find it difficult to create a separate storm sewer improvement tax district, since most of the city's storm sewers have been completed. If the city were to seek to establish such a district, it would require special legislation. Furthermore, there is no provision for a municipality to levy a tax against properties outside the municipality. If the council wants to proceed further with any of the improve- ments described in this report, it is recommended that the following actions be taken: 69th and Xerxes 1. Concur with, and encourage Edina's intent to raise 69th Street east of York Avenue; 2. Direct the staff to develop plans to increase the catch basin capacity on Xerxes Avenue between 69th Street and 70th Street; 3. Direct staff to discuss flood proofing improvements with the private owners of the three homes affected by flooding problems in this area. V Council Letter No. 241 -2- August 1.i, 1979 Adams Hill 1. Direct staff to pursue planning for a permanent pumping facility with Edina officials for a long term solution, and to incorporate the long term plans and immediate improvement in the outfall and erosion units into the Adams Hill park planning process. 66th and Xerxes 1. Adopt a resolution encouraging Hennepin County to con- sider the participation with the cities of Richfield and Edina in resolving the flooding problems associated with this intersection. Respectfully submitted, k�Lr Karl Nollenberger City Manager KN/ ej a cc: Acting Public Works Director • 0 CITY OF RICHFIELD, MINNESOTA Office of City Manager Council Letter No. 223 Agenda July 23, 1979 The Honorable Mayor and Members of the City Council City of Richfield Council Members: Subject: Discussion of Preliminary Studies Regarding Edina /Richfield Storm Water Drainage Last fall, the Richfield city council requested that a study be undertaken to identify alternative methods for improving the .storm water drainage at several locations along the Edina /Richfield N rborder. A joint committee, comprised of representative council ;r< members, the city manager, and public works personnel from both .,the City of Edina and the City of Richfield was directed to identify methods to improve drainage capacities at Xerxes Avenue and West 66th Street; Xerxes Avenue and West 69th Street; and the Washburn Avenue - section of West 76th Street. The result of that Committee's deliberations to date has been finalized in the form of a very tentative engineering report, which was _sent to council members earlier this spring. A summary of that report is attached, along with an explanatory letter from.Orr- Schelen - Mayeron & Associates, Inc., Richfield's consulting engineers who have been working with the committee on this study. There is an item on the July 23, 1979 city council agenda providing for council discussion of this report. Richfield resi- dents who have previously expressed a concern with the drainage problems along the Edina /Richfield border have been notified that the city council will be reviewing the preliminary engineering report at this.time. Representatives of Orr- Schelen- Mayoran will be present at that council meeting to summarize the findings of the report. The solutions identified to resolve the major storm water drainage problems along the contiguous Edina /Richfield border are estimated to cost between $725,000 and $1,135,000. The preliminary report identified the following measures which were studied in each of the three major problem areas: 69th Street and Xerxes Avenue .� Three measures were studied for the 69th Street and Xerxes Avenue area: _ 1. The surface grade elevation of West 69th Street be raised to slope from Xerxes to York Avenue, in Edina. Council Letter No. 223' 2 Agenda.July 23, 1979 This would decrease the flows into Richfield from the 69th and York Avenue portion of Southdale. 2. Increase the catch basin capacities in the low area adjacent to 6950 Xerxes Avenue. Additional catch basins can be designed for this area that would result in faster, and more efficient, drainage from the street pavement. 3. Floodproof three Richfield homes. .One house fronts on Xerxes Avenue and the others face easterly on Washburn Avenue. The engineering consultants believe that more than two - thirds of the water in this area originates from the City of Edina. The cost to implement the above drainage improvements is estimated to be $85,000. The report suggests that the City of Richfield make the necessary street inlet improvements in the Xerxes Avenue right -of -way, that the City of Edina raise West 69th Street, and that the homeowners in Richfield undertake whatever floodproofing measures they may wish'to do to their properties. Adams Hill Pond z` Although the Adams Hill Pond presently functions adequately, Y. flooding e crea as no Nand has td fldi g to nearby properties, further im- .,provements to drainage,in the 70th Street areas of Xerxes and York Avenues will add more water to this pond. Adams Hill Pond is land - locked, with no permanent outflow. Flood condition discharges now C must be handled with a portable pump that must be set up at.the site. This is an unreliable method of pumping water from this ;pond, and the only reliable means of excess water removal would ..be a permanent pump station. The cost of such a permanent pumping facility is estimated to be $210,000 to $280,000. •Xerxes Avenue and West'66th'Street Of the three areas, the intersection of Xerxes Avenue and West 66th Street is most Likely to flood during minimally inten- sive rainstorms. Although street flooding has and can be expected 3. without any drainage modifications to occur two to three times each summer at this location, rainstorms of the August 30, 1977 variety can cause the water to build until it flows over the alley approach'to Washburn Avenue from 66th Street. The resultant build -up in the alley paralleling 66th Street between Washburn and Vincent Avenues can amount to three to four feet of water. 0 • This is the most difficult area to address because substantial investments would be necessary to solve the current problem. One approach ,would be to enlarge the sewers flowing to Sheridan Pond and Lake 'Cornelia in Edina. However, both of these areas are presently only marginally equipped to contain the amount of water such as that experienced in the three major rainstorms during the past two summers. Significant grading and filling work would be required at one, or possibly both ponds, and a large (60 to 72 inch) sewer would be necessary from 66th and Xerxes to Sheridan or Lake Cornelia ponds. The coast of these sewers is estimated to range r 5 from $510,000. to $665,0:00. y yb ;.r Q ,Y.. ) �' s ' >1aY `.hem' .r,= .,.e:aiw.+mi+., ... ..:.. �- _eaua -+h> .. _. ,a,,...c.T.i+ m3er�:i =r <>w`:,cef.:7�..Ei "�."�`-a' i�iaYeSxi wia�..� _ � �.? •__..�_ ~ Council Letter No. 223 -3- Agenda July 23, 1979 As the committee's report outlines, the expenditures required to adequately address the" Xerxes /66th Street problem do not appear to be warranted. The area of land that would benefit from this construction could not affort the necessary assessments and the overall public benefit is insufficient to warrant general fund support of the project. Therefore, the committee recommends that the two cities approach Hennepin County to incorporate these drain- age improvements into an overall plan of upgrading West 66th Street from Xerxes to France Avenue, and along the north side of the South- dale Shopping Center. From an engineering standpoint, it appears that the recommenda- tions outlined appear to be a feasible means for addressing drainage problems in the Edina /Richfield border area. That is, these steps outlined, if- implemented, would result in improved drainage in each of these locations. However, the means of financing these improvements, as well as implementing the improvements, are questions that can only be resolved by the city councils of the two communities.. Because these improve - ments are quite expensive, and.because they would provide drainage benefits to only a very few properties, the only feasible way to fin- ', ance any extensive improvements would be by way of special assess -, ment. It should also be noted that the improvements disucssed in the °tatx report are separate from, and in addition to, any drainage improvements which the city might undertake in other areas of the city, such as those being studied in the.Norby- Wilson Pond areas. There are several areas of concern that need to be further addressed before Richfield will be in a position•to make a determina- tion regarding proceeding with any of the improvements described in this report. If the city council wishes to proceed with further study of these improvements, it would be appropriate for the council to direct the staff to meet with the Edina staff to develop specific project proposals and to negotiate a cost sharing arrangement to be used in undertaking any of the improvements. I would anticipate that some of this specific information could be refined for additional council consideration by this fall. Respectfully submitted, k�4 ' Karl Nollenberger City Manager KN /eja cc: Acting Public Works Director i ORR •SCHELEN • MAYERON & ASSOCIATES, INC. Consulting Engineers Land Surveyors July 18, 1979 City Council City of Richfield 6700 Portland Avenue Richfield, MN 55423 - Re: Edina - Richfield Border Area Study of Storm Water Problems Gentlemen: Attached are excerpted sheets for the joint study performed on Edina- Richfield Boundary Area drainage problem. The recommendation as contained in the report are attached.. The updated status of the recommendation is 69th & Xerxes Area Flooding at 69th and York in Edina. The City of Edina is pursuing the regrading of. 69th Street just easterly of York to prevent flooding'by surface flowby. Remedial action should be.completed this-construction season. The capacity of existing catch basins located on Xerxes between-69th and 70th should be increased to maximize flow to'the existing storm drain system. In conjunction with the work in Xerxes, the construction of a new catch basin and inlet, with a flap gate to prevent backflow, is required in the alley between Xerxes. and Washburn. The City Council should authorize preparation of plans and specifications for these improvements. The affected residents along Xerxes and Washburn should.be advised that the proposed improvements will reduce the frequency and severity of flooding but will not totally eliminate the potential. Individual flood proofing to approx- imately 3 foot above the alley surface will be required. Adams Hill Pond Area Adequate provisions for storm water control can be made in Adams Hill Pond. TThe questions to be decided relate to the pump and force main size necessary to meet inflow 2021 East Hennepin Avenue • Suite 238 • Minneapolis, Minnesota 55413 • 6121331- 8660 Richfield City Council • July 18, 1979 Page 2 conditions, ponding needs and park requirements when con- sidering downstream constraints. To proceed further, pre- liminary engineering plans should be developed to determine specifics of a potential project. The immediate step would be an agreement between Edina and Richfield to initiate and share the costs of such preliminary plan preparation. 'The plans could be prepared by the engineering staffs of either city and submitted along with estimated project cost and potential cost sharing proposals to the other city. 66th and Xerxes Area The three-agencies, namely Richfield, Edina and Hennepin County, having jurisdiction within problem area located at 66th and Xerxes have met and discussed the problem and solu- tions as outlined in the report. There are no existing improvements proposed by any of the involved agencies that would benefit the storm drainage in the area. There is no solution available at reasonable costs that can be imple- mented 'solely by Richfield. The course of action at this time seems to be toward a • political or policy level decision by all three involved agencies to establish that the currently existing flood C= conditions at this intersection are perceived as a high priority problem. It must be decided that all three political bodies, supported by their respective engineering staffs, are committed to finding and funding a solution. This joint commitment will provide for scheduling of the project in future construction programs to insure implementation. The first step toward. this commitment could be made by the City of Richfield by expressing their resolution that a solution is necessary :by expressing their commitment toward participation in the cost of a solution and by identifying a funding source from which potential participating costs will be paid. That commitment would then be transmitted to the other two agencies requesting action. Upon council direction, we will provide such data or pre- liminary plans for any of the actions listed above. We thank you for the opportunity to be of service. Sincerely, ORR- SClItLEN- MAYERON & ASSOCIATES, INC. ohn A. Harwood JAH /gg s a ' AEl.O. �.f i:1 I 1 0 S The following recorTendations.are made by the engineering advisors regarding the three drainage problem areas studied along the Edina - Richfield boundary. These areas are outlined in the memorandum of March 13, 1979, submitted to the Edina - Richfield Storm Drainage Committee. 1. 69th and Xerxes It is our recommendation that the following changes be made at this location: a. Prevent the flow -by at 69th Street and York Avenue by raising 69th'-.Street east of York Avenue. b. Increase catch basin capacity at Xerxes Avenue between 69th Street and 70th Street. C. Floodproof 3 homes. Estimated Construction Cost - $85,000 2. Adams Hill Pond It is our recommendation that a permanent pumping facility be con- structed at Adams hill Pond. This would also require a new force--a to the proposed pond in Edina. A detailed study will be required to determine the flood levels, outlet capacity, and the effect on existing downstream facilities. Estimated Construction Cost - $210,000- $350,000 3. 66th and Xerxes Area Due to the high cost and severe downstream problems of constructing a drainage system which will provide the design — level -b f protecticn for the 66th and Xerxes area, the engineering advisors do not have a recommendation for the Drainage Committee regarding this problem area. We suggest that prior to consideration of any of the three alternatives, Hennepin County should be contacted for possible financial participation for the solution of the drainage problems in this area. Estimated Construction Cost - $430,000 - $700,000 CL Lj- a a U c L t t j V) -HHl I 1" = 1000' 6th 66th & Xerxes it 11 1 System r nn� 69th LIL 69th Xr xesl System 70th LH F -I Adam's Hill'Pond System, a� c Ln ,C X c . C L L 4� C IE 76th FIGURE 3 STUDY AREA MAP n - -- a. 5Ein L it �000 n jai � cn ..0 I I' / N 4�s 41 E cn to > ro O U >• L- G E 41 o E u = u w O Q C �+ •— N tn U. i = � N O rJ -o LL-a ` 1J J any NJOA +' E N U N I to 4-J O O _ Q CL :j U E U 0 Q c rJ U rnw c - +� u N U X a+ W cn L' 0 0 •t� G v � O C O — o v n � Ci m O •any aOueaj 1F ! i cs L3 U. f FIL -,,]I Doi PUT".., nFl I rt 0 5 3Un91 j x -< O O x ]F]nRF]��r; lu � L 001 IL Ir 171,11 waISAS adtd pasodo.id wal sAS a "j 6u i 1 s t x3 - -- 419L �uiew -a7 -Ioj uIewa3.ro� d 7 A O iml.� uo41aze L- _ puo� t IM swept' 1 of eaay 1 a6euieja A-jeingt-ji g169 eaay �8- MO13�� o�d a6ueyostQ C a l A CA W, t -- t D LU :�, 40 LLI Z '1�3 29\ � .,5, *9AV 4JOA 44 ui 'aAV aOUeJ O W < \` 5Z o LU �- C If X 0 0 0. Z vi a o �4 1�4 17 4-1 cu ca to ?4 0 41 4.j a) El) co rJ J t: ci C) k �4 4 i-A "IC4 ('' ci 1c, 4-1 X CLAYTON L. LeFEVERE HERBERT P. LEFLER CURTIS A. PEARSON J. DENNIS O'BRIEN - JOHN E.DRAWZ DAVID J. KENNEDY JOHN B. DEAN GLENN E. PURDUE JAMES D. LARSON CHARLES L. LeFEVERE HERBERT P. LEFLER III JEFFREY J. STRAND JAMES P. O'MEARA LAW OFFICES LEFEVERE, LEFLER, PEARSON, O'BRIEN & DRAWZ 1100 FIRST NATIONAL BANK BUILDING MINNEAPOLIS, MINNESOTA SS4O2 July 26, 1979 MARY J. BJORKLUND THOMAS 6.CREIGHTON Mr. Karl Nollenberger City of Richfield 6700 Portland Avenue Richfield, Minnesota 55423 Dear Mr. Nollenberger: TELEPHONE (612)'333-OS43 I am enclosing a copy of the statute which was enacted for the benefit of Golden Valley and Plymouth and which was dis- cussed briefly at the council meeting Monday night. The statute refers to Section 444.17 et seq. I am therefore also enclosing a copy of those sections, i. e. Sections 444.16 through 444.21. These sections provide for the creation of • separate storm sewer improvement tax districts. Richfield has not created such districts in the past and I believe that it would be difficult to do so now with most of the storm sewers completed. Plymouth has several watersheds within the city boundaries and is expecting to create separate taxing districts for each of the various watershed districts. The legislation would permit:an ad valorem tax levy in a district to finance storm sewer construction. A tax levy for the payment of bonds issued to make storm sewer improve - r:;: ments in a district formerly could be made only after a contract for the construction of storm sewer improvements within the district had been entered into. The new legis- lation applicable to Plymouth and Golden Valley would permit tax levies to be made before the improvements have been under- taken. The proceeds of such a special tax levy can be placed in a reserve which can be accumulated for the purpose of making improvements within the district. The tax levies are outside the tax levy limits imposed upon municipalities by general law (MN Statutes §275.50, Subdivision 5, Clause [el). A project of some kind must be entered into within one year after the date of adoption of the capital improvement program and the reserve fund tax levy. The ad valorem tax levies which the statute authorizes can be made only within the storm sewer tax district, as you will see from Section 444.17. The district must be within the corporate limits of the municipality. Thus, there is no 'LAW OFFICES ' LEFEVERE, LEFLER, PEARSON, O'BRIEN & DRAWZ Mr. Karl Nollenberaer July 26, 1979 l • Page 2 opportunity, under these laws, for a municipality to levy a tax against properties outside the municipality. In fact, the statute contemplates a tax levy within only a portion of the municipality, i.'e. the special district. I should be happy to ',provide you with further information on these matters if you 'would like to have me do so. Very truly yours, l ri A 1 S Clayton L. LeFevere CLL:jpf Enclosures YV N f t 4 5729 WATERWORKS, SEWERS, DRAINS, STORM SEWERS 444.17 corporation for the purposes and under the restrictions set forth in subdivision 5. Any such contract shall be binding upon the parties thereto for the full term agreed upon tut in no event more than 30 years, and shall not be changed by either party without he consent of the other party. • Subd. 5. Connection with facilities; charges. Any such city or county is hereby authorized to permit any person, company or corporation located and doing business inside or outside of the city or county limits to connect with such facilities and make use of the same upon such terms and upon the payment of such fees and to contract therefor as may be prescribed or contracted for by the city or co y, and with any such person, company or corporation for the payment such person, com- pany or corporation of a part of the cost of construction, main nance or use of such facilities and to receive from such person, company or corpor tion doing business in- side or outside of the city or county limits payment in cas or installments of such portion of the cost of the construction, maintenance or us thereof as may be agreed upon or contracted for with the city or county and devote money so received to the purpose of such construction, maintenance or use. a proportionate cost of con- struction, maintenance or use of such facilities to be aid by such person, company, or corporation may be made payable in installments ue at not greater than annual in- tervals for a period not to exceed 30 years. Any su person, company or corporation which may pay any part of the cost of constructs , maintenance or use of such facili- ties in the manner aforesaid, shall thereafter h _ e the right to use such facilities for the disposal or treatment of his, their or its se #age, industrial waste, or other wastes, by the city or county upon the payment of reasonable charges for the use of such fa- cilities or the charges contracted for in case there is a contract as herein provided. Any such city or county may contract with any other city or county for the joint or cooperative obtainment or use of such facilities without limitation of time. Subd. 6. [ Repealed, 1963 c 696 s ] [ 1949 c 394 s 1-4; 1951 c 366 s 1; 1953 c 195 s 1; 1955 c 296 s 1; 1957 c 608 s 1; 1959 c 294 s 1; 1963 c 696 s 1 -3; 197�l c 123 art 5 s 7, 1973 c 702 s 23 ] 444.076 FEES AND CHARGES FOR TAX FORFEITED LANDS RETURNED TO PRIVATE OWNERSHIP. When tax forfeited land is returned to private ownership and the land is benefited by a ptiblic improvement for which special assessments were cancelled because of the forfeiture, the municipality or other public authority that made the improvement may .1 se fees or charges for the use or availability of the improvement or for connec 'ons therewith in an amount not to exceed the amount re- maining unpaid on the ca celled assessment. The municipality may make the fees or charges a charge against the owner, lessee, occupant, or all of them and may certify unpaid fees or charges o the county auditor with taxes against the property for col- lection as other taxes ate collected. J 444 16 STORM SEWER IMPROVEMENT DISTRICTS; MUNICIPALITY DE- . FINED. For the purposes of Laws 1974, Chapter 206 "municipality" means any city, however organized. [ 1973 c 123 art 5 s 7; 1974 c 206 s 1 ] 444.17 ESTABLISHMENT OF DISTRICT. The council of a municipality may by ordinance adopted by a two-thirds vote of all of its members, establish within its cor- porate limits a storm sewer improvement tax district. The ordinance shall describe with particularity the territory or area within the municipality to be included within the district. No such ordinance shall be adopted until after a public hearing has been held on the question. A notice of the time, place and purpose of the hearing shall be [ 1976 c 259 s 3A 444.08 [ Re ea led, 1957 c 608 s 2 ] 444.09 [ pealed, 1973 c 702 s 26 J 444.10 [ epealed, 1973 c 702 s 26 J 444.11 Repealed, 1973 c 702 s 26 ] 444.12 ( Repealed, 1973 c 702 s 26 ] 444.13 [ Repealed, 1973 c 702 s 26 ] 444. [ Repealed, 1973 c 702 s 26 ] .15 [ Repealed, 1976 c 44 s 70 ] PPPPP_ x1, 444!18 WATERWORKS, SEWERS, DRAINS, STORM SEWERS 5730 published for two successive weeks in the official newspaper of the municipality and the last notice shall be at least seven days prior to the day of the hearing. The ordi- nance when adopted shall be filed with the county auditor and county recorder. [ 1974c206s2; 1976c181s2j 444.18 AUTHORITY OF COUNCIL; RECOVERY OF COST; IMPROVEMENT PROCEDURES. Subdivision 1. Following the adoption of an ordinance pursuant to Laws 1974, Chapter 206, the council may acquire, construct, reconstruct, extend, maintain, and otherwise improve storm sewer systems and related facilities within the district. Storm water holding areas and ponds within and without the corporate limits may also be acquired, constructed, maintained, and improved for the benefit of any such district. The cost of the systems and facilities described in this subdivision may be recovered by the tax authorized in section 444.20. Subd. 2. The procedures of sections 429.031 to 429.081 shall apply when the Y ` council of a municipality determines to make an improvement tion. pursuant to this sec- [ 1974c206s3] 444.19 BONDS. At any time after a contract for the construction of all or part of an improvement has been entered into or the work has been ordered done by day labor, the council may issue obligations in such amount as it deems necessary to de- fray in whole or in part the expense incurred and estimated to be incurred in making the improvement, including every item of cost from inception to completion and all fees and expenses incurred in connection with the improvement or the financing thereof. The obligations shall be payable primarily out of the proceeds of the tax lev- • ied pursuant to section 444.20. The council may by resolution adopted prior to the sale of obligations pledge the full faith, credit and taxing power of the municipality to as- ' sure payment of the principal and interest in the event the proceeds of the tax levy in _ the district are insufficient to pay such principal and interest. Obligations shall be is- sued in accordance with chapter 475, except that an election is not required, and the amount of any such obligations is not included in determining the net indebtedness of the municipality under the provisions of any law or charter limiting such indebted- ness. [ 1974c206s4j 444.20 TAXES. The council of a municipality may levy on all taxable property within the district such taxes as are necessary to finance the cost of the improvement, including maintenance and to pay the principal and interest on obligations issued pur- suant to section 444.19. Such taxes shall be collected and paid over as other taxes, but shall be spread only upon the property described in the ordinance. Such taxes shall be disbursed by the council only for the benefit of district as established by the ordi - nance 1974 c 206 s 5 ] 444.21 DISSOLUTION OF DISTRICT. Upon the retirement of all obligations is- sued to finance improvements within the district, the district may be dissolved by fol- lowing the procedures for establishment of the district set forth in section 444.17. [ 1974 c 206 s 6 ] 0 3476 JOURNAL OF THE SENATE [59TH DAY tributor to the commission, Nvf hich shall be recoverable at Iaw in the same manner as other debts., Every `'person ' granting, selling, or distributing tickets for such admissions may be required, as pro- vided in resolutions of the commission, to secure a permit, to file returns, to deposit security for the payment of the tax, and to pay such penalties for nonpayment and interest on late payments, as shall be deemed necessary or expedient to assure the prompt and uniform collection of the tax. Sec. 15. [CITIES OF GOLDEN VALLEY AND PLYMOUTH; STORM SEWER RESERVE FUND.] Subdivision 1. [CAPITAL IMPROVEMENT PROGRAM.] The governing body of the city of Plymouth and the governing body of the city of Golden Valley may by resolution after notice and hearing adopt a capital im- provement program for a storm sewer tax district established under Minnesota Statutes, Section 444.17. The • capital improve- ment program shall set forth the storm sewer improvement pro- jects to be constructed, a schedule of construction with a termina- tion date not`.exceeding seven years from its adoption, the esti- mated cost of the improvements, and the proposed methods of financing the program. The capital improvement program may Provide for the construction of various improvement projects at different locations within the district at different times, but the program shall provide for the reasonable storm drainage of all lands within the district. Subd. 2. [RESERVE FUND;.TAXES.] After the adoption of a capital improvement program for a storin sewer tax district, each. municipality may by ordinance after notice and hearing establish • storm sewer reserve fund for the district and may annually levy • tax not exceeding one mill on all the taxable property in the district for the support of the fund in an aggregate amount equal to the actual or estimated cost, whichever is less, of the improve- ment projects identified in the capital improvement program for the district. The proceeds of the tax shall be paid into the storm sewer reserve fund for the district and used for no other purpose than to pay capital costs of improvement projects therein includ- ing principal and interest on obligations issued pursuant to Min- nesota Statutes, Section 444.19. A tax levied in accordance with this subdivision is a levy for the payment of principal and inter- est on bonded indebtedness within the meaning of Minnesota Statutes, Section 275.50, Subdivision 5, clause (e). Subd. 3. [TERMINATION OF TAX.] If a contract for one or more of the improvement projects identified in.the capital improve- ment program has not been entered into by the municipality within one year after the date of the adoption of the capital improvement program the tax authorized by subdivision 2 shall terminate and any proceeds of the tax in the storm sewer reserve fund shall be transferred and irrevocably pledged to the debt service fund of the municipality to be used solely to reduce tax levies for bonded in- debtedness of taxable property within the district. Upon the termi- nation date of the capital improvement program the tax authorized by subdivision 2 shall terminate and proceeds of the tax in - .= Rrrrs.. r�•�1G�- .� -.-.w -. � �.:rt � .w -� ._. ..as -. -. 1.. .v � r -: .a. ..'. � _ .. 59TH DAY] the storm sewer rese section. Subd. 4. [HEARIi improvement program serve fund shall be p; required for the estab nicipality may establis lish the fund at the sa Sec. 16. [MINNEA the city of Minneapok Port facility, the corpc materials, or equipme. maintain real or person to the provisions of Mir division shall apply reg the corporation. Subd. 2. This section body of the city of Mi Statutes, Section 645.0 Sec. IT Laws 1977, i division 10, is amended Subd. 10 [APPROPI for the biennium ending the sum of �-22-9,0,ag $1,7 the commission and $50 the municipal aid forma. Sec. 18. During the pc. committee is chairman o of the Senate committee man of the subcommittee Sec. 19. The terms of c established pursuant to 'A division 1, who are holdin for two years from the do nate. Sec. 20. In the event necessary for the admini. revenue may request the . additional funding front ti. Sec. 21. [APPROPRIA general fund to the commi to make the refunds prov. Sec. 22. This is appropr. treasury to a legislative st, to be appointed by the set whom shall be appointed F the house, of $50,000: V s d I; ;V ;y n- •e- :a- 'ti- of :ay at the all if a ach fish !evy the qual -ove- r for `orm -pose :lud- 1G1 in- with :nter- esota ,ne or ,)rove - oithin ement e and tall be of the !ed in- terini- t orized tax- in —1, .......y,;. 59TH DAY] MONDAY, MAY 21, 1979 3477 the storm sewer reserve fund shall be used as provided in this section. Subd. 4. [HEARINGS; NOTICE.] The adoption of a capital improvement program and the establishment of a storm sewer re- serve fund shall be preceded by a hearing upon the same notice required for the establishment of a storm sewer district. The mu- nicipality may establish the district, adopt the program and estab- lish the fund at the same hearing. Sec. 16. [MINNEAPOLIS;1*:�_ONTRACT {S.1 Subdivision 1. If the city' of Minneapolis contracts with a corporation to operate a port facility, the corporation may sell; purchase, or ren? supplies, materials, or equipment, or construct, altdr, expand, repair, or maintain real or personal property at such. facility without regard to the provisions of Minnesota Statutes; Section 471.345.!This sub- division shall apply regardless of the source of funds dispersed by the corporation. Subd. 2. This section is effective upon appl val by the governing body of the city of Minneapolis and compliance with Minnesota .Statutes, Section 645.021. Sec. 17. Laws 1977, Chapter .423, Article VIII, Section 1, Sub- division 10, is amended to read:: 3 Subd. 10 [APPROPRIATION.) There is hereby a } for the biennium ending June 30, 1979 1981, from the gene al fund, the sum 'of X59,900 $525,000 to pay the expenses incurred by the commission and $50,000 shall be used to study the impact of the municipal aid formula established in Article VI. i Sec. 18. During the period while the chairman of the Douse tax committee is chairman of the tax study commission, the chairman of the Senate committee on taxes and tax laws shall be. the chair- man of the subcommittee on personnel of the tQx study commission. Sec. 19. The terms of office of citizen members of the committee established pursuant to Minnesota Statutes, Section 84B.11, Sub- division 1, who are holding office on May 1, 1979, shall be extended for two years from the date on 'which they would otherwise termi- nate. s Sec. 20. In the event that additional personnel or funds are necessary for theadministration of this act, the commissioner of revenue may request the increase in approved complement or the additional funding from the legislative advisory; commission. e Sec. 21. [APPROPRIATION. 31 There is appropriated from the general fund to the, commissioner of revenue the amount necessary to make the refunds provided by' section 8. See. 22. 'This is appropriated from the general fund of the state treasury to a legislative study group of 12 persbns, 6 of whom are to be appointed by the senate committee on committees and 6 of whom shall be appointed pursuant to the negotiated agreement of the house, of $50,000. 1� w, 0 CITY OF RICHFIELD, MINNESOTA Office of City Manager Council Letter No. 240 Agenda August 13, "1979 The Honorable Mayor and Members of the City Council City of Richfield Council Members: Subject: Amendment to Ordinance Code Relating to Gambling, Second Reading � 2n1 There is an item scheduled on the August 1:3, 1979 city agenda providing for the council to give second reading consideration to an ordinance amendment which would provide for the conduct of certain gambling activities by non - profit organizations. The attached ordin- ance amendment was developed by the city attorney in response to a request from the Richfield American Legion and VFW that the city adopt an ordinance which would enable certain types of gambling activ- ities to be conducted by those organizations. Chapter 5.u7 of the 1978 Minnesota Laws amended the statute relating to gambling devices. That legislation authorized city councils to adopt local ordinances which would permit some forms of gambling to be used by non - profit organizations in fund raising. The ordinance amendment which is before the city council at this time would meet the requirements of Chapter 5.07, and would also integrate the new licensed activity with the regulation of bingo in existing city ordinance. KN /eja cc: Public Safety Director Acting City Clerk Respectfully submitted, i-," Karl Nollenberger City Manager Bill 1979 -16 • AMENDMENT TO CHAPTER V, PART II, SECTION 5.19 AND APPENDIX D OF THE ORDINANCE CODE OF THE CITY OF RICHFIELD • CITY OF RICHFIELD DOES ORDAIN: A. Chapter V, Part II, Section 5.19 of the Ordinance Code of the City of Richfield dealing with the licensing and regulation of certain types of amusement and recreation is hereby amended to read as follows 115.19 BINGO, GAMBLING DEVICES AND RAFFLES Subdivision 1. Definitions. .M The following terms shall have the meanings given to them by Minnesota Statutes, [1976]1978, Sections 349.12 and 349.26: [(1)] (a) Active member [(2)] (b) Bingo [(3)] (c) Bingo occasion [(4)] (d) Checker [(5)] .(e) Lawful purpose [(6)] f) Organization [(7)] _(L Profit [(8)] () Bingo manager M Gambling devices Sjj Paddle wheel Tipboard .(1) Raffle (2) As used in this section to the operation of paddle the term "gambling" shall r tipboards and the conduct o be limited raffles. (3) As used in this section, the term "gambling occasion" means a single gathering or session at which gambling is conducted. Subdivision 2. License Required. Any organization authorized to apply for [a] bingo or gambling licenses pursuant to Minnesota Statutes, [1976] 1978, Chapter 349, shall apply to the City Clerk for a license before conducting [the game of bingo] any such activity, within the city. [Bingo] No such activity may [not] be conducted until the proper license is issued. Subdivision 3. Application. Application shall be made on forms prepared for that purpose by the City Clerk. Separate application shall be made for bingo and gambling licenses. Applications shall be verified by a duly appointed officer of the organization and by the person designated by the organization as bingo or gambling manager. Applications shall state -the dates for which permission to [play the game] conduct the activity is requested and the place where the.[games] activities will be [played] conducted. The application shall contain an agreement on the part of the applicant that if the license applied for is granted, the licensee will save the city and its officers, agents and employees harmless against any claims or actions and the cost of defending the same arising out of or by reason of the granting of the license or the conduct of any of the activities 'authorized by the license. The City Clerk may require additional information on the application for the purpose of carrying out the provisions of this section. No application for a gambling license may be submitted until the effective date of this section. Subdivision 4. Change in Organization Officers. If during the period for which [the] a license is issued there is a change in the officers of the organi- zation, or in the person designated to act as bingo or gambling manager, a new application disclosing such change must be made and filed with the city clerk. Subdivision 5. License Fee and License Year. The annual license fee for bingo licenses and for gambling licenses shall be as provided in Appendix D of this Code. The [annual] license year in the case of both types of licenses shall run from January 1 [to] through December 31 of the year. Subdivision 6. Bond. (1) At the time of filing the application, the designated bingo or gambling manager shall file with the City Clerk a fidelity bond with the manager as personal surety rety [with corporate surety,duly licensed to do business in the State of Minnesota]. Such bond shall be in the amount of $10,000 for each bingo license requested and $10,000 for each gambling license requested even though the same individual may, be designated by the organization as its bingo and gambling manager. Such bonds shall be subject to approval by the city attorney as to form and execution. The bonds shall run in favor of the organization conducting the [bingo] activity and be conditioned as follows: • (a) The designated bingo or gambling manager will obey all ordinances and statutes relating to the licensed activity. (b) The designated bingo or gambling manager shall fully and faithfully perform his duties. (c) The bond may not be cancelled for any reason without the written consent of the city and then only after [at least] 30 days written notice of intention to cancel the bond.-, (2) The city council may upon unanimous vote waive the bonding requirement. If waived, the license shall state that it is issued with a waiver of [surety] fidelity bond. (3) Should there be [any] a change in the designated bingo or gambling manager during the license year, the new [bingo] manager shall, before assuming his duties, comply with all of the bond requirements of this subdivision. Subdivision 7. Approval and Issuance of License. The application shall be referred to the Police and Fire Divisions- of the Public Safety Department, to the inspection division of the Public Works Department and to such other persons or departments as the city manager shall deem appropriate for investi- gating and recommendations. The application shall thereupon be returned to the r-i -2- ��'►city manager who shall note his own recommendations and comments thereon. The application shall be then presented to the council for final approval or denial. The council may not act on the application until at least 30 days after it has been submitted in completed form; and must act within 180 days.of submission. Subdivision 8. Conditions ;Governing Issuance. The following conditions govern the issuance of licenses pursuant to this section: (1) No license shall be issued to an organization whose designated manager, or any organization officer, has been convicted by any court of competent juris- diction of any offense which relates to the competency of the designated manager or the organization to perform the licensed activity. (2) Licenses shall be issued only upon applications which are complete in every respect and have been accompanied by the payment of the annual license fee and filing of the bingo or gambling manager's [surety] fidelity bond. (3) No license shall be issued to any organization unless such organization has existed in the city for at least three years prior to the date of application. [This restriction shall.not apply if the organization making application is, or is a subsidiary of, any religious, charitable or fraternal organization of national or statewide jurisdiction which has been in existence for at least three years.] (4) No license shall be issued to any organization which does not have, on the date of application, at least 30 active members. (5) No license shall be issued to any organization whose designated bingo , or gambling manager is not.a member in good standing of the organization and who has not been a member for at least two years prior to the date on which application is made. • (6) No organization may be licensed to conduct bingo or gambling on any leased premises without a written lease for a term at least equal to the term of the [bingo] license sought and in no event for a term extending less than six months from the date the license is issued In the case of bingo, lease payments shall be at a fixed monthly rate or rate per bingo occasion, not subject to change during the term of the lease. No such lease shall provide that rental payments be based on a percentage of receipts or projects from bingo occasions. is Subdivision 9. Conditions Governing Conduct of Bingo and Gambling. (1) The bingo manager shall not be the bingo manager for any other organ- ization. The gambling manager shall not be the gambling manager for any other organization. one person may simultaneously serve as the bingo manager and the gambling manager for the same organization. (2) No compensation shall be paid to any person in connection with [a] bingo or gambling [occasion] activities except that in the case of bingo, an active member of the organization, or its auxiliary, or the spouse or surviving spouse of an active member, conducting the bingo occasion. In the case of bingo only, a [nor shall any] person not an active member of the organization or its auxiliary, or the spouse or surviving spouse of an active mamber may participate in the conduct of a bingo occasion [, except] by resolution of a majority of the membership -3- `— - . . <..`�v�'�vcd�'�z�.;z+:'.�f;�.. °��` �zkr?�.��'S$.'.�,..a" ui- .ci� ?c•,, ,.. .,... - _ recorded in the approval minutes of the organization. Non - management assistants who are not active members of the organization, or the spouse or surviving spouse of an active member, may be hired to assist members in conducting the bingo occasion. Compensation shall not exceed $12.00 per bingo occasion. (3) Unless the city council shall so provide in the license, no more than 104 bingo or gambling occasions each year or two bingo or gambling occasions per week may be conducted by,the organization. No bingo or gambling occasion shall continue for more than four consecutive hours. (4) Any person or corporation, other than an organization, which leases any premises that it owns to two or more organizations for purposes including the conduct of bingo occasions, shall not allow more than four bingo or gambling occasions to be conducted on the premises in any week. (5) Any organization which leases any premises to one or more other organ- izations for purposes including the conduct of bingo occasions shall use the proceeds to the rental, less reasonable sums for maintenance, furnishings and other necessary expenses, only for lawful purposes as defined in Minnesota Statutes, [1976] 1978, Section 349.12. At the end of each license year the organization -shall report to the City Clerk the disposition of all receipts which it has received during ',the license period from the rental on its facilities to other organizations for purposes including the conduct of bingo occasions. (6) Prizes for a single bingo game shall not exceed $100.00 except for prizes for a game of the type commonly known as a "cover -all" game which shall in aggregate value not exceed $500.00. The aggregate of prizes for a bingo • occasion shall not exceed $2,500.00, except that when the bingo occasion includes a "cover -all" game, the aggregate of prizes shall not exceed $3,000.00. Merchan- dise prizes shall be valued at fair market retail value. (7) Total prizes from the operation of paddle wheels and tipboards awarded in a single day in which they are operated shall not exceed $500.00. Total prizes resulting from any single spin of a paddle wheel or from a single tipboard shall not exceed $100.00. The total prizes awarded for both paddle wheel and tipboard by any organization shall not exceed $15,000 per license vear. [7] (8) No expense shall be incurred or amounts paid in connection with the conduct of bingo, except those reasonably expended for bingo supplies and equip- ment, prizes, rent or utilities used during the bingo occasion, bingo license fees, taxes related to bingo and compensation to active members who conduct the game. (9) No expense shall be incurred or amounts paid in connection with icensed gambling activities except those reasonably expended for prizes, local i.censing fees, taxes and maintenance costs for the gambling devices. [8] 10 Each bingo or gambling winner shall be determined and every prize shall be awarded and delivered the same day on which the bingo [occasion] or gambling activity is conducted, except that raffle winners not present for the drawing may be delivered their prizes at a later date. 0 -4- • [9) 11 All bingo or gambling activities [occasions] shall be under the direct supervision of the designated bingo or gambling manager who shall be responsible for gross receipts and profits from bingo or- :,gambling and for the conduct of the bingo or gambling activity [occasion] in compliance with all applicable statutes and ordinances. [10) 12 Bingo or gambling shall not be conducted on dates or at places other than those dates and plates enumerated in the application. [11] (13) Bingo and gambling may only be [played] conducted only in the hall where regular meetings of the organization are held unless otherwise permitted by the council. Tickets for raffles conducted in accordance with this section may be sold off the vremi.ses. but,,mav-,nov\be�sseld . cites -.. [12] 14 Bingo and gambling may [shall] not be played by any person under 18 years of age unless accompanied by his parent or legal guardian. Subdivision 10. Recording Players and Receipts- Bingo..One or more checkers shall be engaged for each bingo occasion. The checker or checkers shall record the numbers of cards played in each game prior to the completion of each game and record the prizes awarded to the recorded cards. Each checker shall certify all figures which he has recorded as accurate and correct to the best of his knowledge. This record shall be kept on file by the association within the city and shall be open to inspection by city police officers. Subdivision 11. Records. Each organization shall keep records of its gross receipts, expenses and profits for each [bingo] single gathering or occasion. Gross receipts shall be compared to the checker's records for the bingo occasion by a person who did not sell cards for the bingo occasion. All deductions from gross receipts [for a bingo occasion] shall be documented with receipts or other records indicating the amount, a description of the purchased item or service or other reason for the deduction and the name of the recipient. The distribution of profits shall be itemized as to payee, amount, and date of payment. [Bingo] Gross receipts from each activity required to be licensed under this section shall be segregated from other revenues, including other activities licensed hereunder, and placed in a separate account. Each organization shall maintain separate records of [its bingo] each licensed operation[s]. The person who accounts for [bingo] gross receipts, expenses and profits shall not be the same person who accounts for other .revenues of the organization. Records required to be kept by this section and by Minnesota Statutes.[1976], 1978, Chapter 349 shall be preserved for at least three years. Licensees shall make their bingo and gambling records available to the police department at any reasonable time and after proper notice. Subdivision 12. Reports and Applications. (1) If any discrepancy is found between the amount of gross receipts for a bingo occasion as determined by the checker's records and the amount of gross receipts as determined by totaling the cash receipts and the discrepancy exceeds $20.00, the discrepancy shall be reported to the City Clerk within five days of its discovery. -5- J_/ y (2) An organization shall report monthly to its membership gross receipts [from bingo], its expenses, its profits [from bingo] from the licensed activity and the distribution of these profits itemized as required by subdivision 11 of this section and Minnesota Statutes 1978, Sections 349.17 and 349.26. Copies of all such reports shall.be furnished monthly to the City Clerk. (3) At least 30 days prior to conducting its first [bingo occasion] licensed activity of the license year, an organization shall file with the City Clerk copies of the following: (a) Department of Treasury, Internal Revenue Service, "Return of organ- ization Exempt from Income Tax ", Form 990, or a comparable form if the organization is required to file the form with the Department of the Treasury; (b) Department of Treasury, Internal Revenue Service, "Exempt Organization Business Income Tax ", Form.990 -T, or a comparable form if the organization is required to file the form with the Department of the Treasury; (c) The annual report required of charitable organizations by Minnesota Statutes, [1974] 1978, Section 309.53, provided that the organization that conducts [bingo] licensed activities but is exempt from submitting this report to the Department of Commerce under.Section 309.53, Subdivision l.a, shall nevertheless submit such a report under this subdivision; (d) The Minnesota Department of Commerce "Statement of Bingo Operations ". All information contained in the statement shall be true, correct and complete to the best of the knowledge of the person or persons signing the statement. Any person who shall knowingly make a false statement or knowingly conceal a material fact in the statement shall be subject to the penalties provided in • subdivision 14 of this section. (e) Any lease agreements required by this [ordinance] section executed by the organization in regard to premises leased for the conduct of [bingo] the licensed activity. Subdivision 13. Revocation or Suspension of License. The license may be revoked or suspended by the city manager whenever the licensee, its owners, directors, bingo manager, gambling manager, or employees or agents have engaged in any of the following conduct: (1) Fraud, deception or misrepresentation in connection with the securing of a license: (2) Conduct inimical to the interests of public health, safety, welfare or morals. (3) Conduct involving moral turpitude. (4) Conviction for an offense involving moral turpitude or relating to the conduct of the licensed activity. (5) Failure to promptly comply with any of the requirements of this [ordinance] section or state laws relating to bingo or gambling. -6- (6) Engaging in activity, action or change which would have disqualified the licensee from obtaining a license. • The matter shall then proceed as provided in Richfield Ordinance Code Section 5.14 Subdivision 4. Subdivision 14. Penalty. Any alleged violation of the provisions of this section which shall also constitute a violation of the provisions of Minnesota Statutes, [1976], 1978 Chapter 349 shall first be presented to the office of the Hennepin County Attorney for prosecution of a gross misdemeanor. In any instance where the county attorney shall decline, for any reason, to prosecute the alleged violation, and in all other cases involving alleged violations of this section the matter shall be presented to the city attorney for prosecution as a misdemeanor. Subdivision 15. Existing Licenses. All licenses heretofore issued for the conduct of bingo shall continue unless revoked or suspended until the end to the current license year.[terminate, upon the effective date of this ordinance. Any organization whose license is terminated must cease conducting bingo.not later than twenty days thereafter unless within that period it makes application as above provided. If application is made, the organization may continue to conduct bingo until the council shall act upon the application and thereafter if a license is granted.]"° Subdivision 16. Exemptions - Bingo. In lieu of obtaining the annual bingo license as provided in this section, daily permits may be issued, covering the conduct of bingo if conducted. (1) In connection with a county fair conducted by a county agricultural society or association, the state fair conducted by the state agricultural society, or a civic celebration recognized by resolution or other similar action by the city council provided that bingo is not conducted more than twelve days in any one calendar year. (2) By an organization which conducts less than five bingo occasions in any calendar year. Application for daily permits shall be on forms prepared for the City Clerk for that purpose. Applications shall be presented to the council for its approval. The daily permit fee shall be as provided in Appendix D of this Code and the city council may waive all or-part of the fee. The council may also place such conditions and restrictions upon the daily permit as it shall deem necessary. Subdivision 17. License Fee Reduction - Gambling. The fee established in subdivision 5 of this section shall not apply to gambling license applications involving not more than 5 single occasions during the license year. In such instances, the fee shall be as provided in Appendix D of this code and the city council may waive all or part of the daily permit fee. B. Appendix D of the Ordinance Code of the City of Richfield establishing fees for various licensed activities is hereby amended by amending Section 5, paragraph 3 thereof to read as follows: Type of Permit Section Fee of License Requiring Schedule Fee (3) Bingo and Gambling .5.19 a. Daily permit. Bingo and Gambling, each type 1 day _ $30.00 /day b. Annual license -Bingo [1 year] Calendar year $200.00 C. Annual license- Tipboardj Calendar year $200.00 d. Annual license - Paddle wheel Calendar year $200.00 e. Annual license- Raffle i Calendar year $200.00 Passed by the City Council of the City of Richfield, Minnesota, this day of , 1979. Loren L. Law Mayor ATTEST: 7-:1 7/1 0 • 0 CITY OF RICHFIELD, MINNESOTA Office of City Manager • Council Letter No. 239 Agenda August 13, 1979 The Honorable Mayor and Members of the City Council City of Richfield Council Members: Subject: Discussion of Framework for Negotiating 1980 Labor Contracts The purpose of this council letter is to provide background and establish a climate for upcoming labor contract negotiations with the organized employee groups which have contracts expiring December 31, 1979. Background • Labor contracts with three of the four organized employee groups in Richfield will expire in December: IUOE Local 49 AFL- CIO, Police Officers Federation, Police Supervisory Association. The basic contract with the Local 1215, representing the firefighters will not expire until December of 1980, although there is a provision for 1980 wages to be established based upon the wages set in six comparable communities. The current contract with Local 49, which represents public works and park maintenance personnel, is a three -year contract that will expire in December, 1979. That agreement includes a master contract, which is negotiated on a multi - employer basis and provides a degree of continuity among many of the economic issues. In addition to the master agreement, each city is respon- sible for negotiating issues of local concern that are not covered in that agreement. There are presently nine local issues which the city must negotiate with that bargaining group. The Police Officers Federation and the Police Supervisory Association will be completing the second year of a two -year agreement in December. Unlike 1979, where salaries and insurance were the only two matters open for negotiation, the entire con- tracts with these groups will be open for renegotiation for 1980. It is anticipated that this will be an especially tough year for the city in negotiations with all bargaining groups, since the current rate of inflation is running nearly 13 %. The wage issue, along with the fact that three contracts will be completely reopened for negotiation, combine to make the 1980 labor negotiations process extremely complex. +Council Letter No. 239 -2- August 13, 1979 Since passage of the Public Employee Labor Relations Act in • 1971, the city has conducted most negotiations internally, although turnover in the Personnel Division required that a consultant and the Public Safety Director be utilized for negotiation purposes in 1976 and again in 1978, to provide a certain degree of con- tinuity. Most negotiations in other years have been handled on an internal basis; with a professional being available to provide assistance to the staff in the highly technical and legal areas. The city council is prohibited from having closed sessions -to discuss strategy for labor relations. In order to get the policy - making body's input, the role of a council liaison with the city manager was utilized in previous negotiations. Recommended Strategy There is an item on the August 13, 1979 city council agenda requesting the city council to take the following actions: 1. Designate a council liaison for labor negotiation ,purposes to work with the city manager during negotiations. 2, Authorize the city manager to appoint a negotiation team 3, Authorize utilization of an outside labor relations • ex_ rt .gas a resource in .legal_ . az,.d highly technical areas which. may -a.ri.se during the negotiation process. 11 By util..iizi_abq this procedure e T believe that the labor nego• ti_ations are more-likely -c_o be constructive, and that some of the "end run" techniques.around the management staff used by some unions.i.n the past cn be prevented, This type of structure also provides a:united.management team; which is essential in the labor negotiation process. Respectfully submitted, Karl Nollenberger City Manager KN:sb CC,. Personnel Director Administrative Assistant Public Safety Director Parks and Recreation Director Acting Public Works Director 9 CITY OF RICHFIELD, MINNESOTA Office of City Manager The Honorable Mayor and Members of the City Council City of Richfield Council Members: History FQ Council Letter No. 238 Agenda August 13, 1979 Subject: Request for Approval of Phase I, Hub PUD Final Development Plan: Hub Shopping Center Property, Special Use Permit, and Off- Street Parking Permit On February 12, 1979, the city council approved a preliminary plat, PUD plan and rezoning for the Hub /Summit /Penny's PUD. The PUD plan indicated that development would be completed in four phases, with each property owner responsible for improvements to be • undertaken on their.propertyo On June 25, 1979, the city council approved the final development plan, special use permit, and off -, street park-_ng permit for the Phase T improvements on the Summit Bank property. United National Corporation is now requesting city council approval of a final development plan, special use per- mit, and off - street parking permit to allow them to complete Phase T site and building improvement work on their property. Proposal Site improvements which United National Corporation are propos- ing to construct in this phase include the following: � "1. The parking lot north of the vacated 65th Street will be overlaid with one and one -half inch bituminous sur- face. The existing bituminous surface in the area west of the Summit Bank facility will be removed and replaced with new two and one -half inch bituminous surface. The remainder of the north parking lot will be sealcoated. ,"2. The north parking lot will be striped as indicated on the plan. 3. Concrete perimeter curbing will be provided along the north and east sides of the north parking lot. Temporary pre -cast curbs will be provided along the west side of the north and south lots. The temporary curbs will be replaced by permanent curbing in Phase II. Council Letter No. 238 -2- August 13, 1979 • 4. Concrete walks with handicap ramps will be provided on the north side of the Sibley Store, adjacent to the driving aisle leading to the west curb cut off of 65th Street, and between the Sibley Store and Korner Plaza in the north parking lot. 5o Two new light standards will be installed in the north parking lot and one existing light standard will be removed. 6. New landscaping on the site in this phase will consist of sod in the area of the Pillsbury -65th Street inter- section and bark mulch in areas on the west sides of the driveways into the site from 65th Street and in the end island along the east side of the parking area ad- jacent to the Summit Bank property. 7. Access to the site will be through two curb cuts off of 65th Street (one new and one existing) and three curb cuts off of Pillsbury Avenue (one existing and one re- located). Existing access off of 66th Street and Nicollet Avenue will be maintained. 8. Building improvements will consist of the construction of a new free - standing financial institution in the south parking lot approximately 110 feet west of the center line.of the Hub's 66th Street, mid -block driveway. The building will be 66 feet by 72 feet and will have two stories. -The first story will be brick and the second story will have facia panels of stucco like material. Landscaping around the building will consist of sod, juniper, yew, and locust. An irrigation system will be installed to maintain the landscaping. A five -foot brick.wall will be used to screen the transformer pad servicing the building. Fourteen parking stalls will be provided adjacent to the building, including one handi- cap stall. Additional parking will be provided by the Hub Center parking lot. A drive -up window will be pro- vided on the east side of the building. The following items are attached to this council letter: 1- Resolution Declaring Intent to Vacate Pillsbury Avenue 2- Resolution Concerning Location of Financial Institution 3 -Site Plan 4 -Site Survey 5- Mechanical - electrical Site Plan Zoning Ordinance Requirements 1. Section 3.34A, subdivision 5 of the zoning ordinance re- quires that, prior to the commencement of any construction or development of the land, and after rezoning, an applicant shall submit a final development plan, consistent with Council Letter No. 238 -3- August 13, 1979 the council - approved PUD plan, and an application for a . special use permit for said development. A special use permit in conformance with the final development plan must be obtained before the PUD district can be devoted to the uses provided in such plan. In this case, the property owner must submit a final development plan and obtain a special use permit for the development of their property for each phase of the overall Hub /Summit /Penny development. 2. Section 3.41 of the ordinance code requires that it be demonstrated that the development would not be detrimental to the public welfare, and Section 3.34A, subdivision 3 requires that development be coordinated with subdivision regulations. Other Ordinance Requirements 1. Section 3.60 requires that final plans be submitted and approved by the city council. 2. Section 4.05 requires that an off - street parking permit must be obtained for parking areas in commercial zoning districts, and sets standards with which parking areas must comply. Council Stipulations on PUD Plan Phase I At the February 12, 1979 city council meeting, the council approved the PUD plan, preliminary plat and rezoning, subject to stipulations which were agreed to by the developer. ^lie developer, United National Corporation, was to incorporate these stipulations in the final development plan. The council's stipulations are: 1. That the plan be brought into compliance with the Urban Design Guidelines of the Lyndale /Hub /Nicollet area; 2. That the parking lot be re- designed to effectively park and move traffic in accordance with design standards of the city and county. All driving aisles and access must be dimensioned on the plan; 3. That new signs must conform to the Lyndale /Hub /Nicollet Urban Design Guidelines as adopted by the city council; 4. That, if within the United National Corporation parkinq.lot, cars are allowed to overhang public right -of -way, United National Corporation is to be responsible for replacement of any damaged city property; 5. That all transformers be protected as per city code and screened when visible to the public; Council Letter No. 238 -4- August 13, 1979 6. That the City of Richfield be responsible for moving • fire hydrants on and along 65th Street no greater than a distance of 100 feet. Any additional cost in the relocation of the fire hydrants is borne by United National Corporation, Summit or Pennys. The city makes this commitment based only on reasonable fore - notice to do the work; Y. That a handicap ramp be provided on the rear office entrance area; 8. That a fire hydrant be placed between the financial institution and the Hub Mall addition. This fire hydrant is shown on Phase III, but does not appear on the attached plan; 90 That a five -foot sidewalk be constructed on either side of the proposed financial building. Staff Findings The staff has reviewed the proposal and found the following: 1. The proposed final development plan is in substantial compliance with the PUD Plan previously approved by the city council. The applicant will be constructing the financial institution building in Phase I rather than Phase Il and will not be constructing a restaurant, orig- inally proposed in Phase I, until a later phase, 20 The PUD Plan stipulations will be met as follows: a., The plan conforms to the urban design guidelines b. All new signs will conform to the urban design guidelines. C. Perimeter curbing has been provided in all areas except along the north boundary of the north parking lot. However, cars will hang onto the public right - of -way. This concept was approved as part of the PUD plan and 65th Street dedication. United National Corporation must be responsible for replacement of any damaged city property along 65th Street. d. One transformer pad will be constructed in Phase I, which will be screened and protected with a 5 -foot brick wall. The city has agreed to pay a maximum Of $19,000 for undergrounding the primary electrical lines serving the Summit Bank, Doctor's Building, Mobile Oil, and the Hub. United National Corporation and Summit Bank will be responsible for any costs above $19,000 and for the cost of service lines from the transformer pads to the building and screening. However, United National Corporation feels that they do not have any obligation for costs above $19,000 until Phase III of the PUD Plan is implemented. Council Letter No. 238 -5- August 13, 1979 e. The hydrants will be relocated no more than 100 feet f. A handicap ramp has been provided in the rear office • area. g. A hydrant has been provided between the financial institution and the Hub Mall addition. z h. Five toot sidewalks will be provided on the north and south sides of the proposed financial institution. 3. The development will not meet the following off - street parking standards: a. Eighteen foot deep parking stalls, instead of 24-foot deep stalls are indicated along 65th Street, Pills- bury Avenue, adjacent to the Summit Bank property, adjacent to the financial institution, and adjacent to the driving aisle to the west curb cut on 65th Street b. Twenty -two feet wide driving aisles, instead of 24 feet aisles are proposed in the western portion of the north parking lot C. Cars will be parked within the public right -of -way along Pillsbury Avenue. However, Pillsbury Avenue is to be vacated in the future d. Temporary precast curbs are indicated instead of permanent curbs. Permanent curbs will be provided in future phases when Pillsbury Avenue is vacated. 4. The plan indicates that the city is responsible for the cost of the west curb cut on 65th Street and for removal of some curbing in the vicinity of 65th Street and Pillsbury Avenue. However, the curbing changes result from changes in United National's plan 5. The development will not meet state standards for the number of handicap parking spaces. The development will meet this standard upon completion of Phase IV of the development 6. A final plat has not been provided. The council approved the final development plan for Summit Bank on June 24, 1979, and stipulated that the final plat for the whole development must be approved by the council and filed with the county within 120 days of the date of council approval of the final development plan. Staff Recommendation The staff recommends approval of the final development plan, special use permit, and off-street parking permit with the following stipulations: 1. That United National Corporation be responsible for re- placing any damaged city property due to overhanging cars IDor construction; Council Letter No. 238 -6- August 13, 1979 2. That United National Corporation be responsible for any costs over $19,000 for undergrounding primary electric lines, and for the costs of all service lines from the transformer to the building, trans- formers, pads, and transformer screening not paid for by Northern States Power. 3. That the parking lot meet all city parking lot design standards; 4. That United National Corporation be responsible for removing the curbing in the vicinity of 65th Street and Pillsbury Avenue; 5. That all light standards, signs and structures conform to the L /H /N Design Guidelines; 6. That the final plat be approved by the city council and filed with Hennepin County by October 25, 1979. 7. That United National Corporation grant primary electric utility easements to NSP. v y` Respectfully submitted, Karl_ Nollenberger City Manager KN /eja cc* Planning and Redevelopment Director_ Acting Public Works Director I,- LI RESOLUTION NO. 6039 RESOLUTION DECLARING COU_1CIL INTENT WITH RESPECT TO THE VACATION OF A PORTION OF PILLSBURY AVENUE WHEREAS, a petition has been submitted requesting the vacation of Yills;jury Avenue batween 65th and 60th Ztcreets signed b., all of the abutting.property owners; and WHEREAS, the City Council has now approved the rezoning of certain areas crossed by Pillsbury to PC -2 and.anticipates that certain development and redevelopment projects generally as described in the PUD plan drawings submitted as part of the rezoning application are expected soon to commence within the area rezoned; and WHEREAS, such development and redevelopment is consistent with the Lyndale -Hub Nicollet Commercial Redevelopment Project to which the City is committed; and WHEREAS, the vacation of Pillsbury Avenue between 65th and 66th Streets is a necessary condition to the commencement of various essential aspects of the project as generally described in the PUD plan drawings; and WHEREAS, it is the desire of this council, consistent with its legal obligations, to make the.clearest possible statement of its intention with respect to the vacation of such portion of Pillsbury Avenue, NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield, Minnesota, as follows: 1. Receipt of the vacation petition above described is herebh acknowledged, it having been determined that said petit-1'o1. is In compliance with the provisions of Richfield Ordinance Code S 12.04, Subdivision 2. 2. A public hearing on the proposed street vacation shall be . set to occur upon, and only upon the happening of any one of the following events: a) Issuance by the City, pursuant to an application and the filing of a final development plan by Penny's Super Market, Inc., or United National Corporation with respect to its own property, of a special use permit permitting development y pursuant to a final development plan covering: (i) the proposed North Addition; or (ii) the proposed Market Addition; or (iii) the proposed Financial Institution / office building b) The elapsing of two and one -half years after the effective date of the rezoning to PC -2, or c) A joint request by Penny's Super Market, Inc. and United National Corporation that the hearing be scheduled at an earlier date. 3. Based upon its 'knowledge of the proposed development, and the desires and expressed positions'of abutting-property owners together with its knowledge of Pillsbury Avenue between 65th and 66th Streets, the council is now of the opinion that the vacation of such street would be in the public interest, but recognizes that its final determination on the appropriateness of the vacation of said street must await the public hearing and other proceedings in connection therewith required by law. Passed by the City Council of the City of Richfield, Minnesota this 12th day of February, 1979. A.i1 c�T ; Thcoas d. _ Moran City Clerk i • L� Loren L. Law Mayor 0 RESOLUTION NO. 6037 • RESOLUTION CONCERNING LOCATION OF FINANCIAL INSTITUTION PROVIDED FOR IN PLANNED UNIT DEVELOPMENT REZONING .WHEREAS, the City Council has now rezoned certain tracts occupied as.the Hub Shopping Center to PC -2; and WHEREAS, the City Council has recognized and reviewed the PUD plan drawing as part of the rezoning process; and WHEREAS, such PUD plan drawings will form part of the basis for the final development plans of the project to be approved by the City Council prior to the issuance of special use and build- ing permits; and WHEREAS, one of the applicants, United National Corporation has at the City Manager's request agreed to a modification to the PUD plan drawings relating to the location of the financial institution depicted thereon which change is acceptable to the other applicants, NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield that: Any final development plan or special use permit relating to the financial institution shall locate such structure on an east- west line so that the westerly wall thereon is located not more than 190 feet westerly from the center line of the 66th Street midblock driveway. Passed by the City Council of the City of Richfield, Minnesota this 12th day of February, 1979. ATTEST: homas J. %Ioran , Cityy Cler • Loren L. Law, Mayor 3 t d $ d s Slid $ lot F a It - .i 9� 4; �d�d d • r � N 114 f 4 I I �q d g 333 I b Il�IIp)1��71B>IJ]1bZY �4D'➢3�'iIIJ➢: �",.�•�• —�, I IC i a i� • r 14 I I I MI 4 1 i- N ) M7 _ pv), T� 4 _T r �o mo ail PHASE - QNE L- � SHOPPING CENTER S ■ we pie n . neNrsorA xaF: 11401 166 Z —LS— r ..•SF e _ It d a 3 " �z In z i ti A m m y " 3 M /NNEAPOL /5'f�s 2.,� jI yT; d SITE SURVEY .Y ®� corn TER �a U SCALE : ," ao' rssoc:ures NmR +O MW �,FwclFlc/Tww c T "oi< oaS [ i � ITI au> MM; Ft C 3 w a +r �n s` .'a 7 �A w4 1� I igg3 4t 10. .. N /LOLL�T AV O PH �E. ONE SHOPPING CENTER SITE PLAN amar OAS HUB i - I I RI wcw MNESMA SCALE: 7.4d ■ —.awa» �rss 0 D CITY OF RICHFIELD, MINNESOTA Office of City Manager Council Letter No. 237 Agenda August 13, 1979 The Honorable Mayor and Members of the City Council City of Richfield Council Members: Subject: Request for Special Use Permit, Variance and Off - Street Parking Permit, 6445 Cedar Avenue In August, 1950, a building permit was approved for a commer- cial building (cabinet shop) at 6445 Cedar Avenue (Lot 12, Block 8, New Ford Town Addition). Additions to the building were added in 1967 and 1969. The present property owner, Mr. Don Morrow, has also purchased the adjacent lot (Lot 11, Block 8, New Ford Town Addition) and is using it for storage. Mr. Morrow is proposing to construct a 28° °foot by 50°-•foot addi -- tion on the east side .of the existing structure. The existing set- backs on Cedar Avenue and 65th Street will be maintained. The additionw ill contain two auto repair bays with 12--foot high over- head doors to allow truck access. The applicant has acquired the adjacent lot to the north (Lot 10, Block 8, New.Ford Town Addition) and is proposing to use the east 83 feet of the lot for a fenced gravel vehicular storage area. The remaining.portion of Lot 10 will be paved and used for selling repaired automobiles. A special use permit is required to permit the sale of used cars on the property and to expand the existing public garage. A variance is required because the proposed addition would reduce the required rear yard setback from 18 feet to one foot six inches. The following items are attached to this council letter: 1, Applicant's proposal 2. Site plan 3. Site characteristics diagram 4. Petition 5. Petition map 6. Zoning map 7. Land use map 8. Comprehensive plan Zoning Ordinance Requirements Section 3.34, subdivision 1 and Section 3.33, subdivision 2 of the zoning ordinance require that car sales lots obtain special Council Letter No. 237 -2- August 13, 1979 use permits before locating in "I" industrial zoning districts. • Section 3.34, subdivision 1 and Section 3.33, subdivision 3, set standards with which car sale lots must comply. Section 3.34, subdivision 5 and Section 3.39, subdivision 2 establishes rear yard setback requirements in "I" industrial zoning districts. Section 3.40, subdivision 6 lists three conditions which must be met before a variance can be granted. Section 3.41, subdivision 5 requires that it be demonstrated that a car sales lot will not be detrimental to the public welfare. Section 4.05 of the ordinance sets standards for off - street parking areas, and Section 6.23, subdivision 4 sets standards for outside storage. Special Use Permit Findings The staff has reviewed the applicant's proposal and found the following: 1. The proposed addition and car sales lot should not result in a significant increase in traffic. The addition .is necessary to better handle the existing business. The rear sales activity will be an accessory use to the existing public garage use. • 2. Sufficient off - street parking space will be provided. Three spaces currently exist on the site. The proposal will increase the parking area to seven spaces which would meet city guidelines for this type of 1!sea Parking problems currently exist on the site because the applicant has insufficient spaces and because he uses two �Lppiicant spaces for parking of has two trucks. The bous.evard area is also currently used for parking. All tow trucks and vehicles to be repairea should be parked within the fenced storage area to insure that sufficient off street parking spaces are available to customers and employees. Because this is a residential area adjacent to a commercial area, lack of off - street parking space would be detrimental to the adjoining residential use and the neighboring business use. .se Tne proposal does not meet the city's outside storaye regulation because tiie storage area would not iiave a permanent surface aesigned and equippea to facilitate proper drainage. Asphalt or concrete pavement and barrier curbing should be Provided, ratner than the crushed rock proposed. 14. Tne existing site presents a aestnetically poor appear- ance. The small existing iuilding is in poor repair, and should be repaired and painted to match the main building. Uomplaints have been received concerning Council Letter No. 237 -3- August 13, 1979 • outside storage of junk and debris, spilled oil, weeds and the outside repair of vehicles. Landscaped areas should also be providea along cedar Avenue such as has been provided by the Yellow cab company located at 64u1 Cedar Avenue. 5. The proposed use is in compliance with the comprehensive plan. Variance r'indings The staff has reviewed this variance request and found the following: -I. That there are special circumstances or conditions _affecting the particular Lana, nut common to other properties in Lhis or similar dibtricts. a -here are nu special conditions present on the site. The area of the site is comparable to other industrial lots in the area. The existing building is 18 feet short of the frontyard setback requirements and is built right up to the property line on the south. As a result of -this, the buildable depth and width of the property is larger than normal. Other structures on the block have been constructed near rear property lines. • 2� That the granting of the application ess cation is necary for the preservation ana enjoyment of substantial property rights. The variance is not necessary to preserve the applicant's property rights. Denial of the variance would not prevent the applicant from using the property as it is currently developed. A. different building could be constructed that would not require a variance. 3. That the granting of the application will not materially and adversely affect the health or safety of persons residing or working in the neighborhood and will not be materially detrimental to the public welfare or injurious to the property or improvements in the neighborhood. The proposal would not be detrimental to the public welfare. Additional parking will be provided, and the vacant lot (Lot 1u) would be cleaned up and aeveloped. This would improve the existing condition of the site. The setback of the proposed addition would be in cnaracter with other structures in the area. Off Street Parking Permit Findings The proposed aevelopment would not meet city standards for off - street parking areas in the following ways: 1. Crushed rock pavement surface is to be used, rather than asphalt or concrete. Council Letter No. 237 -4- August 13, 1979 Concrete barrier curb is not being provided on the perimeter of all parking areas. Staff Recommendations It is recommended that the special use permit be issued only with the following stipulations: 1. That all tow trucks, cars to be repaired, and all junk and debris be stored within the fenced storage area. The fence should be constructed to effectively screen the storage area from surrounding property, 2. That there be no parking in boulevard areas. 3. That the north building be repaired and painted to match the main building. 4. That over story trees be planted and maintained in the green areas along Cedar Avenue. The type and size of the trees should be in accordance with the city's landscape guidelines. Vii. That vehicle parking and storage areas be paved and curbed in accordance with city parking area standards.. • It is recommended that the variance be denied on the basis 'i-hat the proposal does not meet the three conditions which must be in order for a variance 'to be granted. It is recommended that the off - street parking permit be approved with the stipulation that all vehicle parking and storage areas be paved and curbed to meet city standards. Planning Commission Recommendation The planning commission recommends that the special use permit be issued with the following stipulations: 1. That all tow trucks, cars to be repaired, and all. junk and debris be stored within the fenced storage area. The fence should be constructed to effectively screen the storage area from surrounding property. 2. That there be no parking in boulevard areas. 3. That the north building be repaired and painted to match the main building. 4. That over story trees be planted and maintained in the green areas along Cedar Avenue. The type and size of the trees should be in accordance with the city's landscape guidelines. Council Letter No. 237 -5- August 13, 1979 5. All vehicle parking and storage areas should be paved and curbed in accordance with city parking area standards. The planning commission also recommends that the variance be granted. Respectfully submitted, Karl Nollenberger City Manager KN /eja cc: Planning and Redevelopment Director Acting Public Works Director n U a DOI`4 MORROW TELEPHONE 866 -1515 - t�y 6445 CEDAR AVENUE MINNEAPOLIS, MINNESOTA 55423 UST REMOVED CUSTOM WORK WRECKS REBUILT LACQUERS ENAMELS LUCITE COMPLETE PAINTING AND REPAIR 24 HOUR WRECKING-30 TON CAPACITY May 15, 1979 City of Richfield Department of Public Works - -- Building Division 6700 Portland Avenue South Richfield, Minnesota 55423 Gentlemen: I would like to request that Morrow Auto Specialty Incorporated be granted a special use permit for a twofold purpose. The first, to allow an increase in the area of the existing structure which will be 28 feet in depth and will be 50 feet in width. It will be within 1 foot 6 inches of the property line and run parallel with the alley at the rear. This structure would be 14 feet in height, to accept a 12 foot high over head door, to allow placing our • truck work indoors when work from our client is requested. The wall -to -wall width of the structure is 27 feet and would allow a 2 bay parking arrangement. This addition will cause a loss of 4 outside parking stalls. I have a purchase offer for lot 10, 50' X 128', which adjoins my property to the north, which will increase the storage and parking area of my property by 6400 square feet. The east 83 feet to23�150sq. feet, will be used for storage of vehicles that are to be repaired. The front 45 feet, 2250 square feet, will be used for parking vehicles. The rear storage area will be fenced in to match the existing fencing. As the enclosed photographs snow, many of the businesses on my properties up north, are built near or at the alley property lines. The second purpose of this special use permit is a request for a used car sales lot, as we hold a State of Minnesota car sales license. I was informed by Mr. Kuehl, Chief Inspector, that a city license is needed and that before a city license can be granted, I would need a special use permit that is required to establish a car sales lot. Being in the body repair business,Wehave our slack time and, therefore, from time to time need fill in work, so we will buy repairables and • refurbish these cars and resell these vehicles. This would not be a large car sales area, I plan on using the front 45 feet by 50 feet, 2250 square feet, of lot 10 for this purpose. This portion of the bON' MdRROW TELEPHONE 866 -1515 COMPLETE PAINTING AND REPAIR II. 24 HOUR WRECKING - 30 TON CAPACITY lot would be blacktop and striped as per off - street ordinances. The balance of the lot, would be brought to grade and surfaced with 9 inches of crushed rock. I find that because of service vehicle weight, gas, oil, and antifreeze drippings, blacktop in this area willbE.continuously be broken up. Crushed rock in turn, will hold up under the same conditions. 0 DLM /jch Enclosures 0 Sincerely, MORROW AUTO SPECIALTY INC. Donald L. Morrow President 6445 CEDAR AVENUE MINNEAPOLIS, MINNESOTA 55423 ST REMOVED CUSTOM WORK WRECKS REBUILT LACQUERS ENAMELS LUCITE COMPLETE PAINTING AND REPAIR II. 24 HOUR WRECKING - 30 TON CAPACITY lot would be blacktop and striped as per off - street ordinances. The balance of the lot, would be brought to grade and surfaced with 9 inches of crushed rock. I find that because of service vehicle weight, gas, oil, and antifreeze drippings, blacktop in this area willbE.continuously be broken up. Crushed rock in turn, will hold up under the same conditions. 0 DLM /jch Enclosures 0 Sincerely, MORROW AUTO SPECIALTY INC. Donald L. Morrow President i -v �o O -v O rn v D v v_ O • V O O D C O • • m v � a a (Dy < c m d N N W 0 O c 2 128' 38.42' 83.08' - - -� I 1--, 7' 14 76-51 ok 2 8' 1,1_5 E. 65th ST. 0 0 U1 0 Ln 0 'f4! w� W a � 70 0 , X m m a > la C ry N ? m �r r � Z , 0 �' i ?sA � n I N f ................ a v v � :I 0 :' v c m x v F — o :I cn z 0 Z 0 Z v c� cl mm 1--, 7' 14 76-51 ok 2 8' 1,1_5 E. 65th ST. 0 0 U1 0 Ln 0 'f4! w� W • E • H O w M z w a cc a 0 w U Site Characteristics W1241 E. 6 4th S T. I---------- - - - - -- i - -64' 14' ---- - - ---- - - -- i - -7 8' g - -; r-------- - - - - -- - 73' � 3' --------- - - - - -- l--------------- �- -54 30L, i--------------- U Site F-17' E. 6 5th S T. N MORROW AUTO BODY w J J ��d LJ I L • Legal Description: REQUEST FOR VARIANCE OF FOR PURPOSE OF Extend building east to alley 28feet by 50feet We, the undersigned, being owners of immediate adjoining land as above described, do hereby concur with the variance as requested. Signature of Owners Address Legal Description Pr -e e, A 7C E:57 4� f ti '�' o R JAM I r ADD N REARR i 50 - - D• I Q, J O. 'z So G1.13 N r4 s, (J(. -e -.e y} J) I "• F I O.l ti Yl Yl. «i xJiira.s G1RAR KiJI YY , 15 CI. o IDO r 16 th W S R W A N a � — s $� _ • n11 AV E. o Go - - PETITION MAP ; °' „•• =r 60 0 =r —" � +W N w m a .� AGN lr N 60 '� GO O �E GSb5p 2't '�' ° 60 w -�` 55.1 G0 i 50 - - D• _ ..� lT A _ W So G1.13 N r4 s, (J(. -e -.e y} J) I "• F I D _ y 4 =•eO _ r ��ee ` -0 obi SO Da 15 CI. o IDO .-�:. 16 th ;IRARD P R W B K, I 75 6300 Cedar Avenue South L ZII $� ,°° ,,;� 6300 Cedar Avenue South O °77 Yo � loo 77 1 &c 3l CA y+ N,fY'• lT1 u 4c co V EAN P l GSb5p Go,B Go ul 50 60 - — G0 S 00 ; �D • s, u, w` — F A A 3:n, Lee =•eO /fib /lee ��ee iY e Da 15 •� IDO 6311 Cedar Avenue South Go 100 103.2 6300 Cedar Avenue South 6. So $� ,°° ,,;� 6300 Cedar Avenue South 44-13 9.5 Yo r,;• 6600 Cedar Avenue South loo se l7 6301 Cedar Avenue South ire♦ V N,fY'• lT1 u 4c co V EAN P 49.5 7ee • /eM 15 Go,B Go ul Petition signatures outside of lb 16.G '77 �D 00 ; �D • s, u, w` — S4-'8 ]Jo, die• Lee =•eO /fib /lee ��ee iY e Da 15 18 IDO 6311 Cedar Avenue South Go 100 103.2 6300 Cedar Avenue South $� ,°° ,,;� 6300 Cedar Avenue South ' Yo r,;• 6600 Cedar Avenue South • Go,B Go ul Petition signatures outside of ` p 350 -foot radius, not shown on '77 �D 00 ; �D • s, u, p. ,.,., ,, map: 46 I • m t2 nd Y.• 6315 Cedar Avenue South o Da 15 18 IDO 6311 Cedar Avenue South Go 100 103.2 6300 Cedar Avenue South $� ,°° ,,;� 6300 Cedar Avenue South ' Yo r,;• 6600 Cedar Avenue South loo se l7 6301 Cedar Avenue South ire♦ • L0 v �o 75 Go,B Go ul �� N �'I � W �D 00 ; �D • —1 «� rf a 5 46 I / m .2G /oa3 L0 v �o 75 Go,B Go ul �� o 4� W S].• i•y �D 00 —1 r a Re N / • o o Da 15 18 IDO GLB Go 100 103.2 ' loo se MY G• i5 'P.T o .5 i l 80y.40 .. —� t r I$5A.Z3 Pis1 SIGNATURES - ON PETITION Go,B Go ul - r a L.� N / s o o Da GLB Go V N,fY'• lT1 u 4c co AVE. 75 eo, 7ee • /eM • ' t �D O i5 'P.T o .5 i l 80y.40 .. —� t r I$5A.Z3 Pis1 SIGNATURES - ON PETITION ul .0 O — N (-M s 7A`q Z . — i5 'P.T o .5 i l 80y.40 .. —� t r I$5A.Z3 Pis1 SIGNATURES - ON PETITION r L • • a AVE. ti - - co Go n u I , 4kDt N E R a2•• 1i.o - _ w JS e E S 3i.., r, Y. 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GENERAL INDUSTRIAL _ GENERAL COMMERCIAL N SINGLE FAMILY RESIDENTIAL MULTIPLE FAMILY RESIDENTIAL %m ° 7 th _ I w v � _ 71 19.3 ' Q 1 Ln 4- Y w N w w • Yy1 Y� Y� 2 n d X •• • � v ,tJj° � � `fie° J $! fyr• oo y4e v v�•. p �'he = rAe _ w N W She• cOje 4'•e a•„ s CA 4ve• use c 77 9.8 • I . i -17 Z49s_ a •• 1820.8 •• _ (,•• "' •A, n o° ° �° -•1 S7i• 6� lJi s -P : • 4e y�Oe N V � ,tJj° � � `fie° J 1s 78 She• cOje 4'•e Gee CA 4ve• use c P �D O N W � •P l7'� 6� . 15 X. is 7,.a •• 1820.8 •• _ se Jut .6. �o � a a --1 0% I- i I 7de� 77io )� 7yo"• , •D ® — N u� 5 7'S - E . r W N P' A O• ee 19 70.0 k° ." D D .T ..• .. .• : I Ba9.4o •• I • AVE. 79 Pal SIT Tr- 51LO 0 NW i m ..1 i� • w J► . a.• . » . �.. 1 1 i 3e. �)•.. yin ?7.. �[..�5. 7y I 50 (,•• "' •A, n w see, ry rs° � Oo —� 1s 78 •b. :7P ..w.. :•: :- Wf•: X. se Jut .6. �o � a a --1 0% I- i I 7de� 77io )� 7yo"• , •D ® — N u� 5 7'S - E . r W N P' A O• ee 19 70.0 k° ." D D .T ..• .. .• : I Ba9.4o •• I • AVE. 79 Pal SIT Tr- 51LO 0 NW i m ..1 i� • w J► . a.• . » . �.. 1 1 i 3e. �)•.. yin ?7.. �[..�5. 7y I 50 (,•• _ So 1 54.2 �J r� comprehensive development plan for the city of richfield LAND USE: description Mixed Land Use Mixed Land Use ® Central Business District Mixed Land Use density Mixed Land Use Industrial Multiple High Convenience Shopping Area institutional, and retail Single Family Residential COMMUNITY FACILITIES: Combination of office, institutional, light and High /Medium research oriented industrial, retall commercial, and multiple dwellings ,TRANSPORTATION: density principal uses Combination of multiple dwellings, office, research High industrial, hotel, motel, institutional, and retail commercial Combination of office, institutional, light and High /Medium research oriented industrial, retall commercial, and multiple dwellings Combination of office, retail commercial, entertainment and eating establishments, small High /Medium comparison shopping and service businesses, institutional, limited cultural, recreational facilities, and multiple dwellings Combination of single family dwellings, multiple dwellings, Medium townhouses, and neighborhood convenience commercial Medium Light and research oriented industrial uses. High Multiple units with related accessory uses. Low Grocery, drug, hardware stores. Single family or two family Low units and accessory uses coupatible with single or two family units - - - -- Public parks and open space - - - -- Public schools - - - -- Churches or church-related facilities - - - -- Other public, quasi - public, or private institutional facilitie -- - -- Major arterial thoroughfare adopted by the city of richfield this 151h day of Janu or y ,q 73 CITY OF RICHFIELD, MINNESOTA Office of City Manager The Honorable Mayor and Members of the City Council City of Richfield Council Members: Subject: Request for and Request Fence Council Letter No. 236 Agenda August 13, 1979 Variance, 7603. Morgan Avenue South, -to Use Public Property for Private Mr. Karl Nollenberger is proposing to construct a redwood fence along his north property line at 7601 Morgan Avenue South. The fence would be six feet high from his east property line to a point even with the front of his garage, then would.step down to four feet, and then step down to two and one -half feet at a point approximately 28 feet from the west (Morgan Avenue) property line. The fence step down is designed to maintain corner visibility. There are twelve mature trees on Mr. Nollenberger's property which abut or protrude over.the property line. To maintain these trees within the fence, Mr. Nollenberger is requesting a variance to allow him to construct the fence one and one-half feet onto the public right-of-way along West 76th Street. There would be four and one -half feet of space maintained between the existing sidewalk on 76th Street and the proposed fence. The following items are attached to this council .letter: 1. Fence Ordinance 2. Petition 3. Petition Map 4. Site Diagram 5. Intersection Accident Analysis Zoning Ordinance Requirements Section 3.39, Subdivision 2, sets standards for the.erection, location and maintenance of fences. This section requires that fences be set back three feet from the public right -of -way. Section 3.40, Subdivision 6, lists three conditions which must be met for a variance to be granted. Staff Findings The zoning administration staff has reviewed this variance request and found the following: 1. That there are special circumstances or conditions affecting the particular land, not common to other properties in this or similar districts. It is the staff's opinion that there are no special conditions Council Letter No. 236 -2- August 13, 1979 present on the site not common in other sites in similar zoning districts. The lot is large (10,000 square feet) and there is sufficient room on the site to construct the rence within the property line. The trees along the property lin e present a problem but it is a common problem faced by property owners whose.property abuts public right- of-way. 2. That the granting of the application is nece!f ar for the preservation and enjoyment of substantia _p:o rty rj_,112ts. It is the staff's opinion that the variance is not necessary to protect Mr. Nollenberger's property rights, Denial_ of the variance would not prevent Mr. Nollenberger from con- tinuing the existing single family .residential use of -the property or from constructing a fence within his property line. 3, That the granting of the application will not materially mat.er_ial y and adverse affect the health or safety of_persons -u if residing or working in the neighborhood and will not be materially detrimental to the public welfare or injurious to the property or improvements in the neighborhood. It is the staff's opinion that the proposed Fence would not be detrimental.to the public welfare. The attached ac cident analysis of the intersection.indl..cates that there have been only four accidents at this Intersection since 1976. Only one of these-was due to partially obscured vision. The applicant would _propose to maintain proper • corner visibility and snow stor_�-.ge `space., `('hE'-.fenc:e, at, its proposed location, would discourage chi :Ldren. from climbing the trees and falling onto _the public ri.gh-t-of -, way and injuring themselves,. To insure that- the 76th Street public right --of -way is available ±_f needed for public purposes, the applicant has agreed to enter into an agreement with. the, city in which he agrees to rejnove the fence at no cost to the city if the--right-of-way is needed for future street or pedestrian development Staff Recommendation It is the recommendation of the Planning and Redevelopment Director that the variance be denied on the basis that the proposal does not meet the three conditions which must be met in order for a variance to be granted. Planninq Commission Recommendation The Planning Commission has recommended that the requested variance be granted. Respectfullyf submitted, Karl Nollenber er City Manager KN /jf cco Planning and Redevelopment Director 8 . k9,9 !� ,2 L"( Q --tt CAPL 13, u, AID z C& A, ; V L,\ n W -1 ko-nl V.4,\ 4-� c� 7 j � Z0 0 0 & -� Cc) o. r\9 'bJ L-cJ�z Iola Q cam. C niw cY1 , C�. .4 . C �t1 LJV 2S� _ Ti, G C U &M�J VY\ (3 _cc-, � "ts a-f s-z � � ..kajL � ' 4,4- � r, cOe- -U-� W r_c_"\ Isicku koo rry\l 0- Jk o\ jo C- %RAN-Q- 0./3 C✓ vlll�j OLIV\J 2 -\ %J k4, 9--A YN a 0 3- k3 f%tl- VQ-zn� Gl+ Agle LG�-41 ✓1 VNL-.rte Ck . m jjjjJE!!LWW U-2� 9a-,n� r� l��lV�mru 7'�w1n _ CL -PTal C. C& ss V M.jc,r? -Q /\° "K^� 2� lA r T- - AMENDMENT TO CI:,'1PTER III, PART IV SECTION 3.39 OF THE ORDINANCE CODE OF THE CITY OF RICHFIELD CITY OF RICHFIELD DOES ORDAIN: Chapter III, Part IV, Section 3.39, Subdivision 2, Paragraph .(l) (e) dealing with the erection, location and maintenance of walls, fences and hedges is hereby amended to read as follows: • "(e) A wall, fence or hedge may occupy part of the required yard; except that [ (a) ] (1) no wall, fence or hedge more than four feet in height shall be constructed or permitted [on any front yard] between the front line of the lot and the front line of the building extended to the side lot lines. [(b) ] (2) no wall, fence or hedge more than [eight] sip; feet in height shall be constructed or permitted on any rear yard or sideyard, and [ (c) ] (3) no wall, fence or hedge more than four feet in height shall be constructed or permitted on the [rear yard] sideyard on the side abutting upon a street or corner lot which abut upon a key lot [, closer to the street than the front yard setback line of the key lot]. All posts on any fence located on or near the lot line shall be on the inside of the fence unless thev are designed as an integral part of the fence. The term "hedges" as used in this paragraph shall. not include trees. [No walls, fences and hedges, trees or other plants or structures shall be established or main - tained on the front yard of any corner lot in such a manner as to obstruct vision from the adjacent streets of traffic approach- aim ing within 50 feet of the adjacent intersection.] All walls, fences and hedcres abutting on the public right- of -�.,av shall— R be set back three feet from the public right-of-way. Barbed wire and electric fences are Drohibite6. Fences shall be set back three feet from parking areas. On anv corner lot nothing shall be erected, placed, planted or allowed to grow in such a manner as to obstruct vision between the height of t:;o 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 connecting points on the abutting curb lines fifty feet from the intersection of the extensions of the curb lines. All fences, walls and hedges legally existinq on the effective date of this amendment shall be allowed to continue to exist and to be repaired and maintained. [No walls, tences or hedges shall be constructed or permitted on any boulevard area or public right- of- way.]" Passed by the City of Richfield, Nlinneso this 11th day of June 1979. t� 0'r oil L . Law, .la.. or I ATTEST: L) Thomas J. 11 ran, c..- C'ter;: REQUEST FOR VARIANCE OF Ct,2i�Tr�� \ot_ • FOR PURPOSE OF �pnl:jTR_vc 7�ry pF 1�__ 4- Y2 o c F T2: t ; .cam (� C L Legal Description: rte • We, the undersigned, being owners of immediate adjoining land as above described, do hereby concur with the variance as requested. Signature of Owners _ Address Legal Descrirticn /I J:� �W/p/ y F v 00 J Ste• a _ — — +I I I PETITION MAP to r: 3033 i aO130 d ) .I 019) c; /G. I t 0 7 (3S1°) !A tt. `V;41) lL' "' •J ° t 4.t _; so) L,Dtitis' r iO 55 301,1 t�J.l •r .J 7!}�- .r Q a 0 (sa9i� slic I �� p D a i3o o nt Q p uj 0 �• ,�, � own'::= » >s:;::::' �• ..�:::::•...�:::::::::.. - t ly •� io 0 335 96 .............. ta- 3. Lam— t 1 •��. 1 e I °yer 'S.o?3 30!3 V • V - • � ft cn - 11 lid M �2 ttiit• s, X80 3�H. XXCF •23 iz ti rztet �' S,ztJt Q ,ors• �* Z d � s • 4 flC 7 /I Mae Al •tl.f O r if J7 5 e` 1`Dol esQ1 -E•— 0 _ Y 30'3 20130 '::•,.::..�;::...r.`:::: ; :O °-"Tw -'^ --77th _ �4co T 's SIGNATURES ON PETITION VP V V V - • - 11 lid M I s, 1 ' •23 H 1 J K 4 Mae S LL 5 ° - 1 6 °-"Tw -'^ --77th _ �4co T 's SIGNATURES ON PETITION VP C1 V - • - 11 lid M s, H 1 J K Mae L) ' a V , 8J L ti q 11 • N � • r C J a z a c� cc O 2 • PROPOSED FENCE 7601 MORGAN AVE. SOUTH W EST 76th STREET Sidewalk C L+. Z) N ■S.Y.Wr•JL•.va ....................................... ice — - - - - -- �2 $8 �5' .T I I I Garage LO I I I I � I � I I House I I 2' 33.3' � I L------------------ - - - --+ FENCE HEIGHT ...... • 6 Feet 4 Feet rtivr:. 2.5 Feet Scale: 1" equals 30' 76th AND MORGAN • Number of Accidents 1 1979 (1/1/79 - 8/1/79) 3 1978 0 1977 0 1976 1 TOTAL 4 Severity of Accidents Property Damage 2 Personal Injury 1 Hit and Run 2 • Contributing Factors* Vision Obscured 1 Inattentive 3 DWI 1 Inexperienced 1 Pedestrian Cause 1 * The numbers correspond to Street Occured on) Weather Clear 4 Road Surface Wet 1 Dry 2 Ice - Snowpacked 1 40 Number of Vehicles Involved One Vehicle 2 Accidents Two 1 " Three 1 " Street Occured On 1. On Morgan at 7614 (hit & run, cause unknown) 2. On Morgan at 76th Street (vision partially obscured, inattentiveness) 3. On 76th at 10' W. of Morgan (pedestrian, inattentiveness) 4. On Morgan at 7645 (DWI, inattentiveness, inexperienced driver) /1 CITY OF RICHFIELD, MINNESOTA Office of City Manager Council Letter No. 235 Agenda August 13, 1979 The Honorable Mayor and Members of the City Council City of Richfield Council Members: Subject-. Authorization to Advertise for Bids This letter requests council authorization to advertise for bids to install a six foot board fence along the north right --of-- way line of 65th Street, starting approximately 150 feet west of Wentworth Avenue to a point approximately 150 feet ease of Blaisdell Avenue. The original fence installation under City Project No, 705 covered only that area between Wentworth and Blaisdell, approx- imately 300 feet in length, and four feet in height. Residents adjacent to 65th Street requested that the fence be extended_ both easterly and westerly to an approximate length of 600 feet, and to a. height- of six feet. As the quantities .;seeded -to, construct 'the fence .exceeded, the allowable percent. of '-Iior:-i_ 'ase :i.17 the contract, . a new unit price had to be negotiated, The unit price $43 a lineal foot. per lineal foot to cost equal to $59 a cost was excessive, by council adoption therefore necessary of this fence. for the fen-c_e under, ,.he original contract was The contractor requested an additional $16 construct -the six-foot fence; making the total lineal foot. Because the. staff felt that this this item was deleted from the contract project of Change Order No. 2 to that contract. It is that we call for separate bids for installation It is recommend.ed that the city council authorize this adver- tisement for bids, Respectfully submitted, r Karl Nollenberger City Manager kN /jf cc: Acting Public Works Director Planning and Redevelopment Director 0 F CITY OF RICHFIELD, MINNESOTA Office of City Manager Council Letter No. 234 Agenda August 13, 1979 The Honorable Mayor and Members of the City Council City of Richfield Council Members: Subject: Request for Alley Dedication and Proposed Alley Dedication Policy A petition has been received seeking to dedicate to the city a private alley located off of 74th Street between Lyndale and Aldrich Avenues. This request for alley dedication has prompted an analysis of the staff and the planning commission of city policies concerning alley dedications. Background • There are eleven known private residential alleys in Richfield, with a total length of approximately 2,000 feet. (Map attached). Many of these alleys are simple easements across one property for access to one garage. The longest private alley provides access to 11 properties, and is utilized by 8 dwelling units. All of these private alleys, except one, are deadends. In addition to the private residential alleys, there are 6 private commercial alleys and 2 private institutional alleys. Most areas of Richfield, however, are not served by either private or public alleys. Staff Findings There are three main concerns raised by the request to dedicate a private alley to the city: 1. Maintenance Problems: Deadend alleys are very diffi- cult to maintain because of the lack of space for maneuvering. Having to back out of an alley in a heavy snowstorm is a dangerous action that city equip- ment operators and management try to avoid. Despite their short length, these private alleys would take more than twice the time to plow as a through alley of the same length. 2. Increased Costs: White it is difficult to compute the additional cost of adding a single alley to the city's maintenance program, any additional costs should be accompanied by the recognition that E r 4 Council Letter No. 234 -2- August 13, 1979 governmental levies are effectively frozen and that substantial reductions in revenue sharing are projected. This requires that all service levels be analyzed carefully in terms of fiscal impact, that expenses for additional services must be balanced by cutbacks elsewhere. At a time when the high rate of inflation and the in- creasing uncertainty of funding challenges local governments to preserve existing levels of ser- vice without increasing expenditures, any ex- tension of service that does not increase revenues should be carefully weighed in terms of overall public benefit, as well as cost. 3. Setting a Precedent: Since there have been no alley dedications in recent years, action to accept this alley dedication could set a precedent in future cases which could force the city to assume other private alleys. Do we want the increased responsibility for maintenance of alley stubs or private streets? Both the proposed Hub Shopping Center development and the Wood Lake School residential development will have private, community -type streets. Although there are only eleven private alleys in Richfield, there are numerous driveways shared by two or more private parties. If the city were to accept dedi- cation of private alleys, it might be difficult to refuse dedication of multi -use private drives or internal street systems. Richf ield some comparable land in streets are as follows: has more streets and alleys in public ownership than suburban areas. The percentage of the total developed and alleys for Richfield and other area communities Richfield: 27 percent St. Louis Park: 23 percent Edina: 21 percent Bloomington: 19 percent Robbinsdale: 27 percent Minneapolis: 28 percent Richfield's street maintenance and repair costs are going to be a higher percentage of overall municipal costs because of the large amount of land dedicated to streets and alleys. To reduce city operating costs and relieve some of the property tax base in the city, the city should possibly be looking at opportunities to vacate unnecessary streets and alleys, rather than assuming maintenance responsibility for private alleys or driveways at the expense of other city taxpayers. The amount of land used for streets and alleys also means that less taxable land is available to support city, school district, or county services. During the recently completed permanent street improvement program, the city vacated Council Letter No. 234 -3- August 13, 1979 several unneeded streets. Several streets in the L /H /N area have also been vacated. • These vacations have the effect of reducing maintenance costs and, in some areas, increasing the tax base. Addition of private alleys, driveways and streets to public street systems will also decrease the tax base, although the estimated tax loss to the city if all private alleys were dedicated to public ownership would be less than $500. The increased costs to maintain these areas would create a further gap between revenues and expenditures for alley maintenance. Recommendation It is the recommendation of the staff that the city not accept dedication of any private alleys, streets, or driveways, because of the three concerns discussed. If the city council wishes to accept dedication of private ways for public use, ownership, and maintenance, it is recommended that the following criteria for accepting dedication be established: 1. The private alley should cross more than one property. A roadway that provides access only to the users of a single property is an internal driveway, not an alley. 2. The alley should serve a minimum number of properties which should be explicitly determined. 3. The alley should be a certain minimum length. It would seem unfair to accept dedication of a short alley whose maintenance costs are shared by several people, if many average driveways are longer and are the responsibility of only one owner. 4. The alley should provide sufficient space for equipment maneuvering. Either the alley should connect to a street at both ends, or should have a sufficient space to enable a snowplow to turn around. 5. The alley must meet minimum engineering construction standards for width, clearance, base material, surface material, and drainage, or the petitioners must agree to accept responsibility for the costs of bringing the alley up to construction standards as a stipulation for its dedication. 6. All petitions for dedication of alleys must be accom- panied by a legal survey and a marketable title. The private alley whose dedication is now being requested crosses several property lines, and serves 8 properties. While the alley is 200 feet long, which is greater than local driveway lengths, . there is no way to resolve the lack of space for maintenance equip- ment maneuvering. As a policy matter, it is the staff's recommenda- tion that the city deny the dedication request. Council Letter No. 234 -4- August 13, 1979 if the council wishes to consider receiving dedication of private alleys for public purposes, it is recommended that the council accept the general criteria outlined above, and direct the staff to develop specific criteria related to those general areas before further considering the request to dedicate the private alley off of 74th Street between Lyndale and Aldrich Avenues to the city. Respectfully submitted, I Karl Nollenberger City Manager KN /eja cc: Planning and Redevelopment Director • m Cf) cxT Ale Ale le. Ale E Ale Ale Al, I— E BRIANT •W —'III. Ale .AAAfT I 1E...T Ale I T" I III: Ale 1. 1 Ale .1. 1 11. E I... -E Ale A 1� Ale I Ale .1..T. Ale .1 11 All s ^h A - --------- -------- AA All I— Ale A—Ell Ale —E. -I AlE ------ A— Ale ES Ale 'A". A. WE .—T WE E C. Ale - _ ^-� ��CCCCCI —miff- AA.'IT All 1"I Ale ftEASANT Ale *111 Nix Ale WE —T1AAI Ale Ale ----------- I.e.. Ale I11.T Ale Ale Ale Ale Ale E Ale 7=79 7 11- -E 1. Ale E Ile ITAA A. J - ,N, I 0 • 41: pC-i ib•413� Z, tv IN ri 0 jai'. A., .16 C'1 24 It6 I "S . . -IT 6.3 - N) 73rd �W- 6 pb)!, 2 2z 21 2 4113 -- SR) 17 � 4) 9 14(41f) � i) 11 1 0 U; z m 1; � Ic (IoD 4 3- ;4 0 1 "-J 2 0 116CO )4 j E S 16 (�O (1,A) 15 12 74th STREET LJ cr. Q -i Go .4 Z3 (STS; -14 --7 20 15 15zP J lu z ST So u6s) DIAZ 4 Zo 15 5.G 16N 29(a) j54 f2 a5 3,` So i CITY OF RICHFIELD, MINNESOTA Office of City Manager Council Letter No. 233 Agenda August 13, 1979 The Honorable Mayor and Members of the City Council City of Richfield Council Members: Subject: Deletion of Easement Areas from the Lyndale Avenue Improvement Project On several occasions during recent months, the city council has taken actions which provide for the purchase of easements to enable construction of traffic and pedestrian improvements along Lyndale Avenue. These improvements are scheduled to be undertaken in 1980, on that portion of Lyndale Avenue between 64th Street and Lake Shore Drive. Many of the easement areas which the city is acquiring are necessary to enable construction of sidewalk areas to enhance ped- estrian traffic flow through the commercial area adjacent to Lyndale • Avenue. A significant difficulty has been encountered in developing the design for a pedestrian area adjacent to the Cricket Photo prop- erty, located at 6724 Lyndale Avenue. The improvements scheduled for that property would jeopardize the continued operation of that business, by eliminating a large portion of the Cricket Photo park- ing. Officials of the Minnesota Department of Transportation state aid office, which are providing some funding for the project, have inspected the Cricket Photo property in an effort to weigh the con- sequences of deleting the sidewalk area for that property from the overall project, or the consequences of continuing with the side- walk placement and disrupting the businesses parking. After dis- cussions with MNDot officials and the property owner, MNDot has agreed to delete the improvements from this property, terminating the sidewalk improvements north of Cricket Photo, without jeopardizing the overall street improvement project. Therefore, it is recommended that the city council adopt the attached resolution, deleting the Cricket Photo property from the Lyndale Avenue improvement project. A sketch showing the easement area to be deleted from the improvement project is also attached. Respectfully submitted, kL '�"CUJ Karl Nollenberger City Manager KN /eja cc: Planning & Redevelopment Director • • 40 RESOLUTION NO. DELETION OF EASEMENTS, LYNDALE AVENUE IMPROVEMENT PROJECT WHEREAS, the Richfield City Council has approved plans and specifica- tions for improvements to Lyndale Avenue; and, WHEREAS, to install these improvements it is necessary to acquire additional land from private property owners; and, WHEREAS, Just Compensation has been established and authority to nego- tiate the purchase of the easements has been provided; and, WHEREAS, on June 11, 1979, acquisition by eminent domain proceedinas was authorized; and, WHEREAS, it has been recommended that the City Council consider deleting the permanent and temporary easements at 6724 Lyndale Avenue also known as Cricket Photo; and, WHEREAS, assurances have been received that financial aid for the project will not be jeapordized by this' proposed deletion; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield: 1. That the following permanent and temporary easements are deleted from the project. Permanent Easement: The easterly 10.00 feet of the following described property: Commencing at a point on the Southerly line of Lot 23, Block 3, Fairwood Shores, at a point 75.00 feet blest, measured along the South line of said Lot 23 from the Southeast corner thereof; thence East along the South line of said Lot 23 a distance of 75 feet to the southeast corner thereof; thence Northeasterly along the East line of said Lot 23 a distance of 44.00 feet; thence Northwesterly at right angles a distance of 64.4 feet; thence Southwesterly to the point of beginning a distance of 78.4 feet, more or less. Temporary Easement: Over, under, across and through that part of Lot 23, Block 3, Fairwood Shores described above and lying easterly of a line lying 5.00 feet westerly and parallel to the above described permanent easement area. Such easement shall begin on June 1, 1980, and terminate on November 1, 1980. 2. The City Manager and City Attorney are directed to implement this resolution. Passed by the City Council of the City of Richfield, this day of • ATTEST: • is City Clerk Loren L. Law Mayor CITY OF RICHFIELD Right Of Way And /Or Easement Aquisition OR F�R��F PERMANENT EASEMENT PARCEL NUMBER APPARENT OWNER 450 sq.ft. 55 Cricket Color Lab 0 • r 1 CITY OF RICHFIELD, MINNESOTA Office of City Manager Council Letter No. 232 Agenda August 13, 1979 The Honorable Mayor and Members of the City Council City of Richfield Council Members: Subject: Resignation from Wine Licensing Study Committee: Mr. Carlton W. Lytle has submitted his resignation from the wine licensing study committee. A copy of Mr. Lytle's resignation letter is attached. This item is placed on -the August 13, 1979 city council agenda so that council members might consider the appointment of a replacement for Mr. Lytle to serve on this comm-, ittee. A copy of the resolution establishing the wine licensing study committee is also attached for your reference. KN /eja cc: Public Safety Director Respectfully submitted., Karl Nollenberger City Manager R, • July 17, 1979 Honorable Mayor Loren Law and Members of the City Council City of Richfield Subject: WINE LICENSING COMMITTEE Dear Mayor Law and Council Members: It is with extreme regret that I tender my resignation from the subject committee in accordance with section 8 (d) of the Resolution No. 5984 passed by the council on the 10th day of October 1978. This action on my part is prompted by three major reasons: 1. The make up of the committee makes it impossible to impartially • complete this study. While I respect the feelings and the convictions of all individuals on the committee I feel that our responsibility goes beyond our personal convictions in favor of what is desired in the community at large. 2. Section 8 (c) of the Resolution No. 5984 states that removal of legal residence from the city shall cause the position of a regular member to become vacant. I must assume then that all members of the committee will be legal residents of our city. This is not the case in our present committee. 3. I cannot allow myself to participate in the public hearing scheduled for Thursday evening, September 13th, since five of the seven committee members have expressed a very strong negative feeling toward a wine ordinance. Busy people do not need to participate in an exercise of futility. For the above three reasons I respectfully request the acceptance of my resignation from this study committee. I would also respectfully request that this letter be read at an open council meeting so that the general public will be aware of my concerns and my reactions. Y grs�veerry truly, Carlton W. Lytle// 1400 West 74th -treet Richfield, Minnesota RESOLUTION NO. 5984 RESOLUTION PROVIDING FOR THE ESTABLISHMENT, FUNCTION AND DISSOLUTION OF AN AD HOC CITIZEN COMMITTEE TO STUDY THE QUESTION OF WHETHER THE CITY SHOULD ISSUE WINE LICENSES WHEREAS, the Richfield City Council for several months has been deliberating on the question of whether the City of Richfield should issue wine licenses, and WHEREAS, it appears that the question has generated interest from diverse groups within the city, and WHEREAS, the City of Richfield has, from time to time, found it to be in the best interest of the community to establish advisory comm- ittees to serve in designated capacities. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield as follows: 1. There is hereby established an Ad Hoc Wine Licensing Ordinance Study Committee. 2. The committee shall serve in an advisory capacity to the city council. • 3. The committee shall be comprised of seven to nine voting members, representing a cross - section of the community, male and female, as well as at least one representative from the following organizations: Richfield Ministerial Association Richfield PTA Richfield Planning Commission Richfield Business Community 4. Non - voting, ex- officio members representing the city council and city staff shall also participate with and on this committee in accomplishing the assigned tasks. 5. Regular voting members shall be appointed in October, 1978 with service to begin immediately. Termination of service shall occur at such time as the committee forwards a recommendation to the city council regarding whether the City of Richfield should adopt an ordinance providing for the issuance of wine licenses. 6. The purpose of this committee shall be to review and make recommendations to the Richfield City Council on the desirability and /or methodology of providing for issuance of wine licenses to Richfield restaurants. This task may • include, but not be limited to, the following activities: (a) receive testimony from interested residents, businessmen, and others regarding proposed wine licensing process; . ••y, 1, C� • (b) survey other area municipalities to determine what they are doing, and what their experience has been, with a wine licensing process; (c) identify requirements which should be included in any wine licensing process or ordinance; (d) make recommendation to city council regarding wine licensing. 7. If the committee's study results in a recommendation to proceed with adoption of a wine licensing ordinance, the committee should recommend such an ordinance for city council review and adoption. 8. Any of the following shall cause the position of a regular member to become vacated: (a) death (b) Disability or failure to serve, shown by failure to attend three (3) consecutive meetings of the committee without prior notice or permission of the committee to be excused (c) removal of legal residence from the city (d) resignation in writing (e) removal by the city council (f) election or appointment to a public office Passed by the City Council of the City of Richfield, Minnesota this 10th day of October, 1978. ATTEST: Thomas J. Moran CITY CLERK 0 Loren L. Law MAYOR LJ CITY OF RICHFIELD, MINNESOTA Office of City Manager The Honorable Mayor and Members of the City Council City .of Richfield Council Members: Subject: Authorization to Advertise Resealing Joints, Lyndale 74th and 78th Streets Council Letter No. 231 Agenda August 13, 1979 for Bids for Avenue between There is an item on the August 13, 1979 city council agenda requesting council authorization to advertise for bids to do the following work: Remove, clean, and replace joint material in the concrete pavement on Lyndale Avenue from 74th Street to approximately 78th Street. This section of pavement was constructed in 1965, and the joint repair work is necessary to preserve the roadway from further deterioration. • The approved 197/ Capital Improvement Program provided $30,000 in state aid maintenance monies to undertake this work. For various reasons, the project was not undertaken at that time. The state aid maintenance monies appropriated in the general fund, to finance that work have become a part of the city's fund balance, carried over from each year's appropriated, but unused, revenues. However, the 1979 general fund budget contemplated state aid maintenance revenues of $39,000, and the city has been successful in getting the 19/9 and subsequent year's annual state -aid maintenance appropriation increased to $79,000. Therefore, funds for this project will be available in the 1979 revised budget, reflecting the increased state aid maintenance appropriation. KN /eja cc: Acting City Clerk Acting Public Works Director 0 Respectfully submitted, �cusC �v Karl Nollenberg r City Manager LJ • CITY OF RICHFIELD, MINNESOTA Office of City Manager Council Letter No. 230 Agenda August 13, 1979 The Honorable Mayor and Members of the City Council City of Richfield Council Members: Subject: : - Rezoning Request at the Intersection of the Crosstown Highway 62 Service Road and 13th Avenue South On July 9, 1979, the city council gave first reading approval to an ordinance amendment which would rezone the prop- erty located at the southwest corner of the intersection of the Crosstown Highway 62 service road and 13th Avenue. The subject property would be rezoned from Residence (R) to Multiple Resi- dence (MR), thus permitting construction of a two - family dwelling on the existing vacant parcel. A copy of the ordinance amend- ment and council letter No. 202, reviewing the rezoning requested and proposed construction of the two - family housing unit on the site, are attached. The ordinance amendment is before the city council for second reading consideration at the August 13, 1979 city council meeting. Respectfully submitted, Karl Nollenberger City Manager KN /ea cc: Planning & Redevelopment Director City Clerk 1 LEGAL NOTICE BILL NO. 1979-15 AMENDMENT TO APPENDIX C OF THE ORDINANCE CODE OF THE CITY OF RICHFIELD, MINNESOTA CITY OF RICHFIELD DOES ORDAIN: Appendix C of the Ordinance Code of the City of Richfield, Minnesota defining the boundaries of the various zoning dis- tricts of the city, enumerated in Chapter III, Part IV, Section 3.28, Subdivision 2 of such code, is hereby amended in the following respect: 1. Appendix C, Section 4 is amended by adding after (123) the following new paragraph "(124) Those parts of Lots 1 and 2, Block 1, Christian's Addition, according to the recorded plat thereof, des - cribed as follows: Beginning at the Southeast corner of said Lot 2; thence North along the East line of said Lots 2 and 1 a distance of 114.34 feet; thence along a tangent curve to the left, having a radius of 6.61 feet and a central angle of 114 degrees and .06 minutes a distance of 13.16 feet; thence Southwesterly along a curve concave to the North, having a radius of 1370.0 feet to a point on the West line of said Lot 2 distant 71.22 feet North of the Southwest corner of said Lot 2; thence South along the West line of said Lot 2, a distance of 71.22 feet to the Southwest corner of said Lot 2; thence East along the South line of said Lot 2 to the point of beginning. " (62nd Street and 13th Avenue) Passed by the City Council of the City of Richfield, Minnesota this day of 1 1979. Loren L. Law, Mayor ATTEST: Thomas J. Moran, City Clerk CITY OF RICHFIELD, MINNESOTA Office of City Manager Council Letter No. 202 Agenda July 9, 1979 3•i Via: ..; .. The Honorable Mayor and � 'Members of the City Council ro , j City of Richfield 1;,� ,Council Members �r to , �zt Subject: Request for Rezoning, Block 1, Lots .1 and 2, Christian's Addition (SW Corner of 62nd Street and 13th Avenue) �`v��•Proposal William Schlegel, "7544 Clinton Avenue, has requested that s the city council rezone property which he owns on the southwest 'Corner of 62nd Street and 13th Avenue, from "R" (residential) to yr a "MR" ,(multiple' residence). This change is requested to permit con' - %�'- ,struction of a two -famil dwelling and double :� �.... Y g garage on the site, F'= `which is presently.vacant._ The site area is 12,197 square feet. j1The proposed one -story structure would have 1,723 square feet. Each ,f.,�. dwelling unit would have two bedrooms. Merl 3�i r� proposed dwelling would face 13th Avenue. The nearest point (�of the dwelling will be approximately 82 feet from the traveled M;'roadway of the Crosstown 62 Highway. A detached garage will be con r'' ;,structed in the rear yard. The garage will buffer the dwelling from , ,,the. headlights of the eastbound Crosstown Highway automobile traffic. q� The following items are attached to this council letter: 1. Proposed ordinance amendment 2. Comprehensive plan map Y:.. 3. Site plan f 4. Floor plan 5. Building elevation t 6 . Petition and map ji, {; Zoninq Ordinance Requirements r, <..•: Section 3.30, subdivision 1 of the zoning ordinance describes N�r;uses permitted in "R" residence zoning districts, and Section 3.31, subdivision 1 describes uses permitted in "MR" multiple residences K' Aistrlcts. a.x•4r ?.f! Staff Findings The staff has reviewed the applicant's proposal and found the ;-'1- following 1 _ �.`t,'�3v��' `S { r 1 . � d . �,s. Z `F._• ,t x $ a ?� . ,y,,. �� * �4 i;;. :,rr �� as.iw......a_3+:.:.'.�.✓..:T ,., �. ........s+•.... ....Y. .. .�., .. ., .. ... x.,...rc,,.. +..da.x...y.:..G:..a. ....- ..:.,..>•I•..':.�.'.':.a,. x..i57..�aw,�`..ns•:lc.. ..: '�.t...�'? iti ail Council Letter No. 202 -2- July 9, 1979 .. f i Z � 1f•�,y f• t 4 Y f 4 1. The proposed rezoning and use of the property would be in compliance with the comprehensive plan. The comprehensive plan indicates low density, single r',4 family residential use for the area, which would include irl t single or two family dwellings.- 2. The proposed use would be consistent with the compre- hensive plan policy to provide duplexes along arterial streets, because the site is located adjacent to the Crosstown 62 Highway. 3. The rezoning would constitute spot zoning because the site is surrounded by "R" residential zoning districts. Spot zoning has the effect of depressing property values of surrounding single family residential property. Spot Zoning could also be challenged as arbitrary and for the �r =s, ;�1 { -- sole benefit of one property owner. However, a case for �R , r ._ this spot zoning could be upheld because the rezoning is in compliance with a city's comprehensive plan. r t t s'* 4 _ 4. The rezoning and proposed use would not significantly Vii' �'�"t� �t • ` increase traffic on surrounding streets. *t.[ 5. The proposed use would buffer the single family dwellings to the south of the site from the noise and air pollution of the Crosstown 62 Highway. + y 6. The proposed use would improve the aesthetics and value . Y > <', s• , if ,, of the site. Staff Recommendation �v �j Because the proposed rezoning and use would be consistent with -! ,the city's comprehensive plan, it is the recommendation of the staff ti1K at the city council give first reading approval to the attached ordinance amendment rovidin for rezoning f this f,rti Rr to riMRIt P g g property from anninq Commission Recommendation 'The planning commission has k and recommended that the property that the site be developed with a :,t.detached garage. LL: KN /eja 9 's , cc: Planning and r*sue' 5 City .Clerk �� '.� `,yam t�•�y ' f x reviewed this request for rezoning be rezoned with the stipulation two - family dwelling unit with a Respectfully submitted, v— ILI c Karl Nollenberger City Manager Redevelopment Director Site Plan 6208-12 13th AVENUE SOUTH PROPOSED TWO-FAMILY DWELLING CROSSTOWN at 13th AVENUE SOUTH RICHFIELD, MINNESOTA SCALE: 1" equals 30' N f "i Boa D W. 62 CRO SSA O' SERV \c� R0 ND N I W • Q N N GARAG E � I LOT : 12,197 Sq. Ft. 24' M DOUBLE 12' BUNGALOW 1728 Sq. Ft. _N 0 11 30-1 �jN v M L2 r 0 U) Lu Z LLJ Q L_ M T . t M7 99 .1/1/66 REQUEST FOR REZONING FROvt TO '�,�f_�` yy,� FOR THE FOLLOi11NG PURPOSE d ♦J .6L LLR 2- LEGAL DESCR IPT ION: Those parts of Lots 1 and 2, Block 1 Chri tians Addition (45225 0500) C WEB THE UNDERSIGNED, BEING OWNERS OF LAND WITHIN 300 FEET OF THE LAND ABOVE DESCRIBED, DO HEREBY CONCUR IN THIS REZONING REQUEST, SIGNATURE OF OVME -95 nODRESS LEGAL DESCR IPT ION J n c �3 ih 617 z Ad- N011113d NO S3m1VN91S ED YZI t., Jvl 91 AI .......... !D dVIN N011113d ! L --- 7. -, T vi of L-El :1 ldld 'Z99 --- 'Saki Z. rIn zz iz fz F77 sil 0bl Sil Ll ii syl CP ZI rr I? oz N011113d NO S3m1VN91S ED YZI t., Jvl 91 AI .......... !D dVIN N011113d ! L --- 7. -, T vi of L-El :1 ldld 'Z99 --- 'Saki Z. 7-.- I 0 r c ®mpr�ehensive development plan for the city of richfield LAND USE: description density principal uses Cumbination of multiple dwellings, office, research Mixed Land Use High industrial, hotel, motel, institutional, and retail commercial Combination of office, institutional, light and \ Mixed Land Use High /Medium research oriented industrial, retail commercial, and multiple dwellings Combination of office, retail commercial, entertainment and Central Business eating establishments, small ® District High /Medium comparison shopping and service Mixed Land Use businesses, institutional, limited cultural, recreational facilities, and multiple dwellings Combination of single family dwellings, multiple dwellings, Mixed Land Use Medium townhouses, and neighborhood convenience commercial Industrial Medium Light and research oriented industrial uses. Multiple High Multiple units with related accessory uses. Convenience Low Grocery, drug, hardware stores. 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R-''?.�.�- ,'�`'t` 'F �ti� - r%•_i{ t,y � f �. �.:fL�'Liw y'� �'nf ' -�. � 1 -IL .t4'.i �. _ i( ��L•JY+,� arYr X5,6 - Jf��.'r[S..l. v_v >.r+.J }CS��.�i.I.� -�i. �. ..r�Y� .r ��.'124�Y �°a.a.u..•i a�uYi•� t �•..�- �r •• ca -y- Al j- '- e--i✓� A6 -�-� ICA 71-4 -fit4 12, Co v Fq) a CITY OF RICHFIELD, MINNESOTA Office of City Manager Council Letter No. 229 Agenda August 13, 1979 The Honorable Mayor and Members of the City Council City of Richfield Council Members: Subject: Off - Street Parking Contract, 6529 Cedar Avenue Mr. Edward Brisson, Owner of Brisson Stucco and Plaster Co., has applied to the City of Richfield for an off - street parking con- tract. Mr. Brisson is proposing to build a new building at 6529 Cedar Avenue to house his company. A sketch of the proposed off -- street parking layout is attached. The Acting Public Works Director has reviewed this application for an off - street parking lot and has determined that the proposed lot conforms to city standards and ordinances regulating off - street parking, it is therefore recommended that the city council authorize execution of an off - street parking, contract with Mr. Edward Brisson • for 6529 Cedar Avenue South. KN /jf cc: Acting Public Works Director Respectfully submitted; Karl Nollenberger City Manager 6 o c catch basin PP a 51.12' walk b OBIT. y a PAVING I 4 4° EXIST. 4° MASONRY 49 4 NEW ONE STORY I v BLDG. MASONRY BLDG. o Scale: I °= 20' I (O Remove exist. tree Cd M N M Conc. walk a apron ti X6533 Exist. I Frame Exist. J h4 -20 Bldg. curb. BIT. PAVING conc. curbs I � I I 50' 314nwpie 30' Exist Curb Opening CEDAR AVE. OFF STREET PARKING NO. 79 -11 OWNER AND ADDRESS: Edward Brisson, 10701 Morgan Avenue, Bloomington LEGAL DESCRIPTION: Lot 8, Block 1, New Ford Town Addition USE: New Commercial Building for Stucco & Plaster Co. DATE OF APPLICATION: July 9, 1979 • COUNCIL ACTION: August 13, 1979 NO. PARKING SPACES: 5