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03-14-77 agenda/o 6 CITY OF RICHFIELD, MINNESOTA Office of City Manager Council Letter No. 91 Agenda March 14, 1977 The Honorable Mayor and Members of the City Council City of Richfield Gentlemen: • Subject: Lynda le /Hub /Nicollet Public Improvements The purpose of this council letter is to. inform the council of the present status of the L /H /N public improvements and to request the council to take the following actions: 1. Authorize the staff to negotiate a construction and maintenance agreement with Hennepin County for the Lynda le /Hub /Nicollet 1 project area; 2. Delete the 68th Street closing as proposed in the Lyndale /Hub/ Nicollet redevelopment public improvements plan. 3. Authorize the staff to negotiate traffic improvements for 66th Street between I35W and Lake Shore Drive. • On November 30, 1976 the city council held a public hearing on the Lyndale /. Hub /Nicollet public improvements. After that hearing, the council approved the preliminary plans and ordered preparation of the final plans and specifications. The final plans and specifications were completed by the consulting firm on March 1, 1977, and submitted to both the city and the county staff for review and recommendations. The review by the city staff will be completed for recommenda- tion to the city council on March 28, 1977. Construction And Maintenance Agreements To expedite the process for implementing the public improvements, it is recommended that the city council authorize the staff to negotiate a construction agreement and maintenance agreement with Hennepin County for the public improve- ments within the Lyndale /Hub /Nicollet Redevelopment Project area. The construction agreement will provide for cost sharing by the county in the L /H /N area, provide for the county to carry out construction (to be defined) and call for the final engineering Council Letter No. 91 -2- March 14, 1977 plans and specifications. The maintenance contract will identify the county and city responsibilities for maintaining the project area after completion. The maintenance contract will also summarize city costs of maintaining 66th Street and Nicollet Avenue in the L /H /N area. Both agreements are necessary to complete the Lynda le /Hub /Nicollet redevelopment area public improvements and to insure adequate maintenance of the improvements once the project is completed. 68th Street Closing On March 7, 1977 the city staff met with the neighbors in the 68th Street area to discuss the proposed closing of 68th Street at the railroad tracks. A letter informing residents of this meeting was sent to the neighbors in the area south of 68th Street and north of 69th Street between Lyndale Avenue and Nicollet Avenue. Of the 35 to 40 people who attended the meeting, the majority were opposed to closing 68th Street, but were in favor of slowing and discouraging the • traffic on 68th Street. The proposal to close 68th Street was originally developed by the staff and the consultant in response to concern expressed regarding through traffic on 68th Street. At the March 7 meeting, the staff recommended the following alternatives to relieve the traffic problem on 68th Street: 1. "Do nothing alternative ". Leave the street as it presently is, wait to see what happens in terms of additional traffic. It should be noted that the staff has already indicated that additional traffic on the street resulting from the Lynda le /Hub /Nicollet redevelopment project is likely to be minimal. 2. That two stop signs be placed in strategic areas along 68th Street, that . 68th Street be designated as a bikeway, and the speed limit on 68th Street be reduced to 25 .miles per hour. After the L /H /N project is completed, an evaluation of traffic on 68th Street will be done. If the e .,aluation indicated substantial traffic in- creases on 68th Street, further steps could be taken to alleviate the traffic. 3. Traffic diverters (anglers across the street) can be used to divert traffic from 68th Street north to 66th Street and south to 69th Street and 70th Street. These traffic diverters can have the effect of allowing more internal traffic within the neighborhood but also closing 68th Street to through traffic. However, this alternative would have the disad- vantage of putting all traffic which previously traveled on 68th Street onto the avenues adjacent to 68th Street. 4. Closing 68th Street at the railroad tracks and allowing only for emergency vehicles and pedestrian access. Council Letter No. 91 -3- March 14, 1977 Because of the neighbor's unfavorable reaction to the closing of 68th Street at the railroad tracks, it is the recommendation of the planning director that the 68th Street closing be deleted from the Lyndale /Hub /Nicollet public improve- ments, and that the council instead authorize installation of two stop signs on 68th Street, to discourage through traffic. The placement of stop signs along with bikeway designation and reduced speed limit, seemed to be endorsed by the neighbors present at the neighborhood meeting as a satisfactory alternative to closing the street. Pedestrian studies are presently being conducted in the 68th Street area to determine where stop signs could be placed best to slow traffic and provide some pedestrian protection. After these studies are completed, a recommendation for the placement of stop signs on 68th Street will be presented to the council at the April 11, 1977 city council meeting. Traffic Improvements on 66th Street • At the direction of the city council representatives of the city staff met with the Lynwood Boulevard, Lake Shore Drive, Rae Drive, and Emerson Avenue neighbors on February 24, 1977. The purpose of the meeting was to discuss traffic problems on 66th Street between 135W and Lake Shore Drive. This meeting was the result of several other neighborhood meetings during the Lynda le /Hub /Nicollet planning process, at which the neighbors indicated a strong desire to improve the traffic situation. on 66th Street. A major part of the effort to improve the traffic problem on 66th Street is to negotiate with Hennepin County traffic engineers on the proposed design. Once the Hennepin County Public Works Department has reviewed the proposed plan, a second meeting should be held with the neighbors, at which time the recommended solutions to the traffic problem can be discussed. Traffic im- provements can be completed in conjunction with the permanent street improvement program on Lynwood Boulevard in 1977, and in the 1978 portion of the Lyndale /Hub/ • Nicollet public improvements program. Respectfully submitted, JLW /e j a cc: Planning Director Acting Public Works Director 0 y Wilde Acting City Manager MO N 11 LO Ln CU CD �F+ i E ■ o L � � CU • Q -.0 CU l'�OWTION 16/I 0 M 2� a 7)76 -191 ro February 28, 19 7 7 Dear Resident: It has come to my attention that some of the residents in the 68th Street area may not be in favor of closing 68th Street to through traffic at the railway crossing. The 68th Street closing was recommended by the Residential Impact Neighborhood Group (RING) during the planning for the Lynda le /Hub /Nicollet Rede- velopment Project. To solicit more information from the residents i.n the area, I have asked Mr. Richard Krier, the City's Planning Director, to meet with you to discuss, the ::losing of 68th. Street. The meeting is scheduled for Monday, March 7, 1977 at 7 :30 p.m. , at the Richfield City Hall Council Chambers, 6700 Portland Avenue. Sincerely yours, Wayne S. Burggraaff City Manager WSB /eja telephone: 869 -7521 (612) an equal opportunity employer L O ■� O O l'�OWTION 16/I 0 M 2� a 7)76 -191 ro February 28, 19 7 7 Dear Resident: It has come to my attention that some of the residents in the 68th Street area may not be in favor of closing 68th Street to through traffic at the railway crossing. The 68th Street closing was recommended by the Residential Impact Neighborhood Group (RING) during the planning for the Lynda le /Hub /Nicollet Rede- velopment Project. To solicit more information from the residents i.n the area, I have asked Mr. Richard Krier, the City's Planning Director, to meet with you to discuss, the ::losing of 68th. Street. The meeting is scheduled for Monday, March 7, 1977 at 7 :30 p.m. , at the Richfield City Hall Council Chambers, 6700 Portland Avenue. Sincerely yours, Wayne S. Burggraaff City Manager WSB /eja telephone: 869 -7521 (612) an equal opportunity employer r CITY OF RICHFIELD, MINNESOTA Office of City Manager The Honorable Mayor and Members of the City Co, ncil City of Richfield Gentlemen: Council Letter No. 90 Agenda March 14, 1977 Subject: Special Use Permit, Liquor License Application and Amendment to Off - Street Parking Contract, Butterfield Overland Express Restaurant At the January 10, 1977 city council meeting the city council held a public hearing on the request from Condon- Naegele Realty to extend, for one year, an existing special use permit for a restaurant at 1400 West 77th Street. Also at that time, the city council heard a request to amend the special use permit to permit an exit from the restaurant driveway onto 76th Street. Council members may recall that the previously issued special use permit allowed only for an entrance at 76th Street. Amendment to Special Use Permit At the January 10 meeting, the council extended the existing special use permit for a one year period, and heard testimony presented by the applicant and others concerning the requested amendment to the special use permit. However, the hearing on the requested amendment was continued to the February 14, 1977 city council meeting in order for the applicant to develop additional traffic in- forma tion . The firm of Bather - Ringrose- Wolsfeld (BRW), Inc, was retained by the applicant to prepare traffic information, develop additional traffic analysis in- formation on sight distance analysis, a traffic analysis showing the effect of traffic on the nearby neighborhood, and projections for 76th Street of peak hour and 24 -hour forecasted trips. The 76th Street traffic data will be supplemented at the March 14 city council meeting with the results of new traffic -ounts taken on 76th Street for seven days between February 28th and March 9th. In addition to reviewing the traffic inform- ation, the city council took additional testimony from the applicant and nearby residents at the February 14, 1977 continuation of the public hearing. After receiving testimony at that time, the city council chose to continue the public ok 1' Council Letter No. 90 -2- March 14, 1977 hearing on the amendment to the special use permit and the off - street parking contract to the March 14, 1977 council meeting in order that a decision could be made at the same time on the applicant's request for an on -sale liquor license. In addition to the new traffic counts the public safety department has reviewed the traffic flow in the area. While the department feels that the proposed 76th Street entrance is less than desirable, considering the character of 76th Street at this location, they are of the opinion that the driveway entrance and related street modifications have been designed in as safe a manner as possible. The public safety department had indicated that the greatest problem with the proposed driveway will be the ability of traffic to safely exit across 76th Street in order to enter the northbound I35W ramp. The public safety department has confirmed the sight distances indicated on the sketches submitted at the February 14 council meeting by the consultant. These distances would appear to provide adequate visibility under normal conditions; however, some visibility problems and corresponding safety problems -could develop during inclement weather. Adequate lighting along 76th Street and the driveway is necessary to resolve the night visibility problem. The public safety department has also expressed concerns regarding the impact that the additional traffic using the proposed 78th Street entrance /exit may have on the residential area immediately adjacent to the east. Staff Recommendation Although the entrance solution being proposed is not ideal, it does appear to be the best alternative providing access to-the property. The proposal is sub- stantially safe, will, in most cases, not create traffic congestion and will keep restaurant traffic out of residential neighborhoods. In addition to the proposed design it is recommended that the council'aciopt the following stipulations: 1. Install.a "stop" sign and additional street lights at the driveway exit to 76th Street. This is agreeable to the developer. 2. Provide a landscaped /fence buffer on the freeway right -of -way at Girard Avenue for at least 100 feet to reduce headlight glare. The buffer s} ulcl be of sufficient length and height to protect the second story of the homes immediately to the north of 76th Street on Girard Avenue. This is agreeable to the developer. 3. Provide that the entrance drive grade not exceed 7 percent. This will mean a redesign of the restaurant parking lot and is not presently agreeable to the property owner. 4. Provide a driveway lane separator approximately two feet by thirty feet with "Keep Right" sign at both ends at the 76th Street exit/ entrance. Council Letter No. 90 -3- March 14, 1977 With these stipulations, the staff recommends approval of the entrance /exit drive as proposed. P1<?I1rl n� Cninmission Ra?comrvr rnc!, -, -ion The planning commission reviewed the request for an amendment to the special use permit at its December 28, 1976 regular meeting. After staff present- ation, planning commission discussion, te:stimoney from the applicant and several nearby residents, the planning commission recominendcd approval of the amendmert to the special use permit, by removing Stipulation No. 8 on the existing special use permit and adding the following stipulations: 1. Redesign north freeway entrance ramp center island to allow for easier and safer movements from the restaurant to I -35W northbound. 2. Install a "stop" sign and additional street lights at the exit onto 76th Street 3. Provide a landscaped and fenced buffer on the freeway right - of -way adjacent to the chain link fence north of 76th Street at Girard Avenue, and landscaping adjacent to the Lyon's residence to reduce the glare of vehicle headlights onto the residential homes in this area. 4. Provide a driveway lane: separator approxirr:�tely tv o feet by thirty feet with a ",Ke:op Right" sign at both ends at the 76th Street entrance /exii. Amendment to Off - Street Parking Contract for Restaurant at 1400 West 77th Street The applicant is also requesting approval of an amended off - street parking contract. The off - street parking contract establishes performance standards for construction of a restaurant with on -sale liquor on property located at 1400 West 77t1-. Street. As council members may recall, the city council on January 12, 1976 approved the off - street parking contract for this restaurant. Since that time, significant changes from the original agreement have been made. Basically, these changes involve increasing the parking capacity from 174vehicles to 222 vehicles, and allowing a driveway exit from the restaurant to 76th Street. The restaurant seating capacity of approximately 305 customers will not change. The off - street parking standards established for restaurants with ont -sale liquor require one space for each 2. 5 seats; . 5 spaces for each employee; and one space for each 25 square feet of banquet or meeting room area within the restaurant. There will be no meeting or banquet space in the restaurant. There- fore, that portion of the standard will not apply to this project. Council Letter No. 90 -4- March 14, 1977 The remaining parking standards indicate a need for 122 spaces to accomodate customers. The applicants expect to hire about 20 employees, bringing the total number of spaces required to 132. With the amended off - street parking layout proposed, the project will have 222 parking spaces, 90 spaces more than required. Staff review of the entrance modifications as they relate to an amended off - street parking agreement are contained in council letter number 10. A sketch showing the site design, off - street parking arrangement and entrance modifications of this project is attached. Evidence of applicant compliance with special use permit stipulation number 3, approval of access drive across freeway right -of -way has been received and approved by the city attorney. The staff has reviewed the amended off - street parking application and recommends council approval subject to approval of the special use permit amendment. Liquor License Application The application for an on -sale and Sunday liquor license for a restaurant at 1400 West 77th Street was submitted by Mr. Otho Shumate, Mr. R. F. Condon, and Mr. Joe M. Hale. These gentlemen constitute the principals of Butterfield Overland Express, Inc. , a Minnesota corporation. • Application Investigation In accordance with Section 11.06 of the Richfield City Ordinance, the public safety director has made an investigation of information required by the on -sale liquor ordinance. A copy of the report from the public safety director commenting on the police investigation of this application is attached. Individual incidence reports are not attached, but are available for council review in my office. Staff Findings The public safety department investigation resulted in the following findings: 1. That Mr. Otho Shumate has personally been involved in violations of the liquor dispensing laws of the State of Oklahoma. 2. That Mr. Otho Shumate has been involved in violations of the liquor dispensing laws in the State of Oklahoma as a corporate officer and stockholder of the restaurant serving liquor in the State of Oklahoma. 3. That Mr. Otho Shumate withheld pertinent information required to be disclosed in his original application for liquor license in the City of Richfield. 0 Council Letter No. 90 -5- March 14, 1977 4. That Mr. Joe M. Hale has been personally involved in violations of the liquor dispensing laws in the State of Oklahoma. • 5. That Mr. Joe M. Hale has been involved in violations of the liquor dispensing laws as manager of a restaurant serving liquor in the State of Oklahoma. 6. That Mr. Joe M. Hale willfully withheld pertinent information required in his application for a liquor license in the City of Richfield. The information withheld was the following: a. Failure to disclose his employment with the Oklahoma corporation during a period when he was arrested as an employee of that corporation; b. Failure to disclose his interest as a stockholder in another Oklahoma corporation. 7. That Butterfield Overland Express, Inc. of Oklahoma has been identified as having a beneficial interest in the Butterfield Overland Express, Inc. of Minnesota. Because of the corporation's conviction of violating liquor dispensing laws in the State of Oklahoma, the in- volement of the Butterfield Overland Express, Inc. of Oklahoma in the Butterfield Overland Express, Inc. of Minnesota renders the Minnesota • corporation ineligible for the issuance of a liquor license in the City of Richfield and the State of Minnesota. Recommendation Based on these findings, it is the recommendation of the public safety director, in which. I concur, that the application submitted by Mr. Otho Shumate, Mr. Richard Condon and Mr. Joe Hale, ie. Butterfield Overland Express, Inc. for an on -sale liquor license be denied. J LW /e j a cc: City Attorney Public Safety Director Planning Director 0 Respectfully submitted, .o' J yce . Wilde Acting City Manager CITY OF RICHFIELD, MINNESOTA DATE: March 11, 1977 TO: Joyce Wilde, Acting City Manager FROM: Thomas Morgan, Director, Department of Public Safety SUBJ: Review of Liquor License Application for Butterfield Overland Express, Inc. Acting under Section 11.06 of the Richfield Ordinance Code the Police Division of the Richfield Public Safety Department has investigated the above - referenced application for an on -sale intoxicating liquor license. The applicant, Butterfield Over- land Express, Inc., a Minnesota Corporation, proposes to sell intoxicating liquor in connection with a restaurant which it would operate at 1400 West 77th Street, Richfield, Minnesota. The Applicant The - proposed .licensee: was incorporated in August, 1976. The property on which the restaurant is to be located is owned by Condon - Naegele Realty and will be leased to Butterfield for 20'years with certain options to renew for up to 15 additional years (Enclosure #9) . The restaurant to be constructed on the property will also be owned by Condon - Naegele Realty and leased to Butterfield. The lease contains provisions for the possible purchase, by Butterfield, of the property and improvements. A significant provision of the lease calls for the investment by Condon - Naegele Realty of $300,000.00 in the building to be erected on the property. The money is to be- repaid as "rent" at the rate of $3,000.00 per month. This type of repayment gives Condon - Naegele Realty a species of security interest in the property which can be used by them in the event of a non -pay- ment of rent. The Individuals Involved The application lists the following as the officers of Butterfield Overland Express, Inc.: Otho Shumate - President Richard F. Condon - Vice President Joe M. Hale Secretary Otho Shumate is also listed as a stockholder and Joe M. Hale is listed as the manager of Butterfield Overland Express, Inc. • Records from the License Division of Oklahoma City, Oklahoma disclose that Otho Shumate is the president and a director of Butterfield Overland Express, an Oklahoma business which operates a restaurant and club in Oklahoma City. Records from the same department also list Mr. Shumate as the secretary- treasurer and director of Clementine's, Inc., a club also located in Oklahoma City. Joe M. Ha le's personal information disclosure to the City indicates that he was the manager of Butterfield Overland Express of Oklahoma from approximately November, 1973 until April, 1975. Richard F. Condon, in addition to being the vice president of Butterfield Overland Express, Inc., of Minnesota is also a principal in Condon- Naegele Realty, the lessor of the subject property. According to information supplied by Mr. Shumate, Butter - field Overland Express of Oklahoma will have a beneficial interest as stockholder or as limited partner in Butterfield Overland Express of Minnesota. Investigation of Application Because the president, secretary and proposed manager of Butterfield Overland Express, Inc. had been engaged in a similar type of operation in Oklahoma City, it was decided to send investigators to that city for the purpose of commencing a background investigation of Mr. Shumate and Mr. Hale, and to obtain first -hand information concerning the Oklahoma: City establishments. Sergeant James Wright and Patrol Officer Rae Ann Kilgren were sent to Oklahoma City on January 30, 1977 for that purpose. 1. Investigation of Butterfield Overland Express of Oklahor.a - The Oklahoma Consitution prohibits the keeping of any "open saloon" for the sale of alcoholic beverages. An "open saloon" is defined. to include a place where alcoholic beverages are offered for sale by the drink. In other words, the sale of alcoholic beverages, on -sale, is illegal in Oklahoma. Restaurants wishing' to serve liquor to their patrons must obtain a club license. This license allows the establish- ment to serve liquor to its members from a bottle which the member either brings with him or keeps at the "club ". The club membership apparently involves the purchase of a member- ship card for a nominal fee. The club license does not permit 0 -2- U 0 the sale of liquor by the drink. On January 30; 1977, at about 8:45 p.m. Sergeant Wright and Officer Kilgren went to the Butterfield Overland Express for dinner. Upon being seated they asked their waiter for a cocktail prior to dinner. The waiter asked for their club card and.they replied that they were from out of state and did not understand. When Rae Ann Kilgren displayed her driver's license and a student identification card, she was issued a club card without charge. Once having obtained the club card both were permitted to purchase drinks on- sale. After dinner they went to the bar area of the restaurant and were permitted to purchase additional drinks. While at the bar, the bartender informed them that Bill Shumate, the owner of Butterfield Overland Express also owned another establishment in Oklahoma City called Clementine's. On February 1, 1977 at or about 2:OO p.m. Wright and Kilgren went to Clementine's where they were served liquor by the drink without displaying a membership card or producing a bottle. At about 8:OO p.m. on February 1, 1977 the officers returned to Butterfield Overland Express and were again able to make illegal purchases of alcohol. They also noticed that other customers in the-establishment were being served from the same bottle. In addition to the activities which the Richfield investi- gators personally observed at Butterfield Overland Express, information was supplied concerning several prosecutions for violation of the Oklahoma liquor laws. I am enclosing copies of seven police reports involving charges for operating an open saloon and after -hour sales (Enclosures 1 - 7). While the charges were initially placed against employees of Butterfield Overland Express, we were informed by Sergeant McBride of the Oklahoma City Police Department that a common practice is to substitute the'establishment itself as the defendnt and then plead guilty. Apparently this tactic avoids the suspension or revocation of the club liquor license. The'enclosures indicate that Butterfield Overland Express, Inc., of Oklahoma was substituted as the defendant in the October 14, 1976 open saloon charge and did plead guilty to the charge (Enclosure #6) . 2. Investigation of Joe M. Hale - Mr. Hale, the secretary of Butterfield of Minnesota and the proposed manager of the Richfield restaurant is 26 years of age and has resided in Oklahoma City for approximately 26 years. He is married to Daphne Ann (Killam) Hale. According to the Butterfield -3- Application, (Part II, Joe M. Hale) Mr..Hale was employed .at Butterfield Overland Express of Oklahoma from November, 1974 to April, 1975. Documents on file at the Oklahoma City License Division list Mr. Hale as being the manager throughout most of that period. An arrest report obtained from the Oklahoma City Police Department describes an open saloon arrest involving Joe Milton Hale on October 14, 1976 (Enclosure #1). The report lists Mr. Hale as the manager of Butterfield Overland Express. The Richfield license application, (Part I:I, Joe M. Hale) , does not list Mr. Hale as being associated with Butterfield at that time. Records submitted by Mr. Shumate indi.cate.that Mr. Hale was a stockholder in Clementine's. This fact was not disclosed by Mr. Hale in his Richfield application. 3. Investigation of Otho W. Shumate - Otho W. Shumate resides in Oklahoma City with his wife. Mr. Shumate is listed as the president and a shareholder of Butterfield Overland Express, Inc. (Minnesota). The Richfield liquor license application (Part II, Otho Woodson Shumate), purports to disclose Mr. Shumate's various present and past business activities. On February 2, 1977, Sergeant Wright and Officer Kilgren met with Mr. Shumate at the Butterfield Overland Express offices in Oklahoma City. The discussion covered the interest which he had in several Oklahoma businesses. Mr. Shumate informed the investigators that he no longer had an interest in any of the businesses listed in the application other than Butterfield, • and that currently his only business was Butterfield of Oklahoma. Mr. Shumate modified his application in their presence to indicate his withdrawal from the other businesses. Next, Mr. Shumate reviewed Mr. Hale's personal information form (Part II, Joe M. Hale), and indicated that it appeared to be up to date. Later that evening Sergeant Wright received a call from Mr. Shumate. Mr.- Shumate informed Wright that he had forgotten to mention that he was also involved in another club in Oklahoma City named Clementine's. Mr. Shumate indicated that he was too' busy thinking about his other interests and had forgotten about his interest in Clementine's. We are troubled by this omission for the following reasons: a. Clementine's was incgrporated on November 19,-1976, less than four months before the meeting with the Richfield investigators and less than three months before the Richfield license application was filed. b. Otho Shumate was the major shareholder in Clementine's holding 26% of the authorized stock. 0 -4- c. Mr. Shumate was, in addition to being the major share - holder, a member of the board of directors and the secretary • treasurer of the corporation. d. Several current or former employees of Butterfield of Oklahoma including Joe M. Hale, David O'Brien and Jeff Conner were stockholders in Clementine's. Each had a record of arrest for operating an open saloon or operating after hours. e. The disclosure of his interest in Clementine's did not come until a bar manager saw Wright and Kilgren talking with Mr. Shumate on February 2, 1977. The same bar managerhad on January.30, 1977, told Wright and Kilgren of Shumate's connection with Clementine's, thinking them to be tourists. Moreover, the disclosure did not come until the Richfield investigators had informed the Oklahoma City Police of their search for a connection between Clementine's and Mr. Shumate. This is important because when Shumate called Wright on the evening of February 2, 1977, only the Oklahoma City Police Department knew where Wright and Kilgren were staying. A review of the records of the Oklahoma City Police Department disclosed that in mid 1974 Otho W. Shumate was charged along with Doyle Newsom, Michael David O'Brien and the Butterfield Overland Express for operating an open saloon (Enclosure 46). The charges were dismissed as to the individuals • when Butterfield' pleaded guilty. The records also disclose that on November 16, 1973, Mr. Shumate was charged with operating an open saloon (Enclosure #7). 4. investigation of Richard F. Condon - Mr. Condon is the corporate vice. president of Butterfield Overland Express, Inc. (Minnesota) and one of the proprietors of Condon- Naegele Realty, the lessor of the land and building on which the restaurant is proposed to be-located. Mr. Condon is 55 years of age and is married to Lois Clare (Helbling).,Condon. They have both lived in the State of Minnesota for most of their lives. Mr. Condon currently resides in Eden Prairie, Minnesota. Mrs. Condon currently resides in Edina An investigation: of Mr. London's business activities shows him to be a successful businessman with business involve- ments in outdoor advertising, real estate, and marketing. Mr. Condon is free of criminal convictions or charges, as are the organizations with, which he is associated. _5- i I s N Conclusion and Recommendation Based upon the investigation conducted by this department into the liquor application of Butterfield Overland Express, Inc. I come to the following conclusions: 1. Richard F. Condon appears to be a fit and proper individual to be engaged in the operation of a restaurant with on -sale liquor. His association both with Butterfield and with Condon - Naegele does not appear to pose any obstacle to the granting of the requested license. 2. Otho W. Shumate has been personally charged with violations of Oklahoma's open saloon law. A review of the police reports in those matters does disclose that he was in fact involved in the violation. The dismissal of the cases against him would appear to be primarily the result of the procedural opportunity for the corporations to plead guilty and then have the charges dismissed against their agents and employees. Quite clearly, the corporation would not be expected to plead guilty unless an illegal. sale was made by its agents and employees. Moreover, Otho W. Shumate was the president, a director and stockholder in Butterfield of Oklahoma.. He, therefore, presumably had a strong voice in the business practices of the organization and, specifically, its liquor dispensing policies. The records of liquor violations at Butterfield of Oklahoma together with the violations which our investigators observed suggest a conscious business decit.Aon to operate in violation of the laws which were designed to regulate that operation. We also conclude that Mr. Shumate failed to include in- formation in his.application concerning his interest in Clementine's. 3. Joe M. Hale, the vice president of Butterfield of Minnesota and designated manager of the proposed restaurant has,been involved, as manager of the Butterfield restaurant in Oklahoma, in several violations of the open saloon law. These violations occurred when he was on the premises and in charge of its operation. It must be concluded that he either knowingly allowed these sales or failed to exercise the proper management control to prevent such practices. In either case he does not appear to be a proper person in whom to entrust management of the proposed Richfield operation and its day to day observance of the liquor laws. It also appears that Mr. Hale willfully failed to disclose his employment at Butterfield of Oklahoma during 1976. It was during that period that he was arrested at Butterfield and charged 0 0 with operation of an open saloon. We further conclude that Mr. Hale failed to disclose his interest as a stockholder in Clementine's, Inc. 4. Butterfield Overland Express, Inc. of Oklahoma has been listed as having a beneficial interest in Butterfield of Minnesota. Because of its conviction in Oklahoma court for violation of the open saloon law and. the after hour sale law, its.involvement in the corporation renders Butterfield of Minnesota ineligible for the issuance of a liquor license. On the basis of the information contained herein the Richfield Department of Public Safety recommends that the license application for Butterfield Overland Express, Inc. be denied. Expense of Investigation Minnesota Statutes 1976, Section 340.13 subdivision 14 provides for charging the applicant for a liquor license to reimburse the muncipal licensing authority for the costs actually incurred in connection with a comprehensive investi- gation of the application. Accordingly I have attached • as Enclosure 48 a list of the costs and expenses incurred as a result of this department's investigation into the matter. 0 Respectfully submitted, Thomas Morgaii, Director Richfield Department of Public Safety. Eil Bridge > 0j cFlolocate Power Pole Relocate Power Pole P op sign lRernove exist. curb a —Stacking room/l vehicle const. 12` wide deceleration lone X Const Conc. -2 pavement width Curb 8 Gutter *-3 Exist. Entrance Easement X 10% grade AMED11*11I.NT TO OFF – STREET PAR .IRU Cryp•= NO- 75-6, CONTRACT VO. 221i X — Indicates areas to be sodded and landscaped. X 0 X OW14ER & ADDRESS: Condon-14aegel-- ReeLlt. 1700 West 76tn St. LEGAL: Lot 1, Block 1, bourbon & "IN A Basin First Additiwi 1400 West 77th Street X USE: N Restaurant Di.;pen..iing Liquo-,- COUNCIL ACTI01i; jan-a,"Y iO, 11)77 NO. FARKING,,SPAQES: 222 Scaie - I :100 idle, ak 9 Ramp —.X 0 0 M CITY OF RICHFIELD, MINNESOTA Office of City Manager Council Letter No. 89 Agenda March 14, 1977 The Honorable Mayor and Members of the City Council City of Richfield Gentlemen: Subject: Joint Bloomington - Richfield Sludge Disposal Study On February 28, 1977 the city council deferred action on the joint Bloomington - Richfield Sludge Disposal Study until the March 14, 1977 city council meeting. At that time, the council requested additional information regarding the experience of the consulting firm of Metcalf & Eddy, as well as information describing what other cities are doing in terms of lime sludge disposal. Attached to this council letter is an excerpt from the proposal submitted by • the firm of Metcalf and Eddy which describes some of the experience the firm has had in the development of alternative water treatment sludge disposal methods. As was pointed out at the February 28, 1977 city council meeting, the City of Richfield is not alone in the problems we are facing with the disposal of lime sludge. The cities of Bloomington, Eden Prairie, White Bear Lake and Minnetonka are also facing similar problems. However, these other water treatment facilities are sig- nificantly smaller than the Richfield facility and disposal of large quantities of sludge is not an immediate problem for those communities. It should also be noted that many cities do not soften their water to the extent that the City of Richfield does, and therefore do not produce the volume of sludge that our treat- ment facility produces. Furthermore, many cities outside the metropolitan area have sufficient open space available which enables them to use alternative land- fills for much of the sludge disposal. Richfield has faced increasing costs in disposing of the lime sludge in large part because of the difficulty in finding land sites that will accept sludge of this nature for disposal. By initiating the study at this time, the City of Richfield will be in a position to evaluate long term sludge disposal alternatives and, if necessary, establish a program to allocate capital expenditures for sludge disposal over a number of years. Pollution Control regulations now require that the sludge not be deposited with other wastes in a landfill operation because of the large amount of water in the sludge material. The magnitude of the disposal problem is increasing as the city's water consumption increases and the amount of sludge produced increases, is while available landfill sites are becoming more scarce and pollution control regu- lations are increasingly limiting our ability to dispose of the sludge in the still Council Letter No. 89 -2- March 14, 1977 existent landfill facilities. Attached to this council letter is a copy of Council Letter No. 49, dated February 14, 1977, giving the background and other detailed information re- garding this study. It should be noted that the study was approved by the Bloomington City Council on February 14, 1977 with the condition that the City of Richfield would also be a party to the agreement. It is the recommendation of the public works department, in which I concur, that the city council approve the following: 1. Authorize the proposed joint sludge disposal study in the amount of $55, 000, with the cost to be equally shared between the cities of Bloomington and Richfield. 2. Request the city attorney to prepare an agreement for implementing this study with the City of Bloomington and Metcalf and Eddy, Inc. The cost for this study will be paid for through water utility revenues. jLW /eja cc: City Attorney 'Finance Director Acting Public Works Director Ok Respectfully submitted, yc L. Wile Acting City Manager A METCALF & EDDY EXPERIENCE IN WATER TREATMENT PLANT SLUDGE MANAGEMENT In conjunction with the design of domes water treatment plants. sludge handling facilities and industrial "r Provided. In addition ties have been water treatment plants, Metcagf &hEddyshas oaineer 150 waste- with the processes and equipment available for l vast experience _- sludge management. The following project descriptions are representative .of Metcalf & Eddy's experience in this field. treatment plants designed b A list of water applicable technical y Metcalf & Eddy and copies of Papers by our staff are included. n ton, North Carolina Metcalf & Eddy is currently conducting a feasibility study and preliminary design for the Sweeney Treatment .. .upgrading of an existing 12_ma endations for eXpansion and which.was built in the 1g40's °d rapid sand filter plant, Tlhe provide water filtration and sludge handling improvements will a capacity of 24 mgd, g facilities for ` An extensive testing and piloting by the client under Metcalf & Eddy's supervision.wapilonducted filter tests were conducted to determine "the optimum t media. Bench scale ozonation tests were also performed. filter Jar tests were conducted to determine optimum chemica and dosages. A s"ecoiidary function of the tests w l use mine if chemical-requirements could be reduce as to deter the amount of sludge produced. d, Thereby reducing The water treatment plant sludge study evaluated six alternatives: lagoons, belt filter ,filter presses, discharge to sanitary presses, sewers and ping ..sludge to municipal sewage Pumping. of assessment municipal g treatment plant. An environmental these Sludge treatment and disposal alternatives was' made . Metcalf & Eddy has supervised various tests i tion with the design of the sludge handlin f n conjunc- tests include manufacturer- conducted pilotgtestslif facilities. These Presses and centrifuges of filter the cit and sludge drying tests conducted by Y. The sludge drying tests compared water treatment plant sludge, sewage plant sludge and mixtures thereof. analyses of raw water were used to determine the quantities Solids Of sludge produced. Physical- chemical analyses of the stream were performed by the client to determine the feasibility of recycling a) settled filter backwash wastewater b) filter press filtrate and c) centrifuge centrate. In addition, er �• � on, analyses s I. i n were conducted to determine. the composition of sludge for acceptability in landfill. A filter backwash water settling test was used in sizing pretreatment facilities., Pretreatment facilities were proposed to separate plant wastes from the water treatment process, to provide storage and equalization, and to prepare the sludge for dewatering by preliminary thickening. An Industrial Client Metcalf & Eddy is currently involve, in the design of a sludge stabilization and disposal system ',for industrial calcium . sulfite sludges, similar to lime sludges.. Gravity thickeners' followed by centrifuges will produce a sludge which can be blended with fly ash and disposed of by landfillin.�. Instrumentation has been provided so that the facility is completely automated. The plant has been designed'to function with a single operator in a. control room. Monroe County Water Authority Metcalf &.Eddy has worked with the uthority to develop techniques for determining means for the 'u timate disposal of sludge. These studies have involved bench scale laboratory tests as well as pilot lagoons to determine freezing the'sludge. Metcalf & the effects of Eddy has natural of prepared for the Monroe County Water Authority a preliminary design of treatment facilities for lagoon concentration and natural freezing of alum sludge. The purpose of this design was to develop techniques for the treatment and management of sludge treatment facilities adequate to handle sludge produced from the Shoremont Water Treatment Plant. This preliminary design was part of a proposal submitted to'the then Federal Water Pollution Control Administration in Cincinnati to obain.a demonstration grant for a sludge treatment project. Also, Metcalf & Eddy conducted research which led to-the incorporation of filter improvements in the new Shoremont plant construction that will permit research in increasing filter rates and reducing chemical conditioning in order to reduce water production costs and .to reduce the waste sludge discharge. Amway Corporation, Ada, Michigan. Sludge handling and disposal facilities were designed to'accompany a 1.0 mgd water treatment plant providing indus- trial water supply. The packaged treatment plant includes tube settling, high -rate multimedia filtration and carbon contact columns. Auburn, New York Metcalf & Eddy designed a 5.0 -mgd filtration plant preceded by an upflow clarifier. A double lagoon -was- provided whereby one lagoon is to be used to settle waste solids from the waste overflow to.the river, and during winter months, the other lagoon will be used for freezing sludge transferred from the first lagoon by a mobile pump. Westchester County, New York A 4.2 -mgd filtration plant facility preceded by an upflow clarifier. The Amawalk plant is designed for.complete recovery of water from the waste flow, whereby no waste flows would drain off the plant site. Three lagoons and a pumping station are provided for separating and thickening sludge, recovery of settled water, and transfer of thickened sludge to one of two lagoons for winter freezing. After freezing and after several years' accumulation, it is planned to transfer the granular - form alum waste 'to-landfill locations. City of Hornell, New York A 3.0 -mgd filtration plant identical in design of the above Westchester facility. Town of Bedford, New York A 1.2 -mgd filtration plant identical in design to the above Westchester and Hornell facilities. Jersey City, New Jersey An 8'0 -mgd water filtration plant preceded by coagulation and sedimentation facilities. Water discharged in the settling tank blowdown and filter backwash operations is routed first to settling tanks for solids separation and thickening. The overflow wastewater from the settling tanks then flows to the raw water pumping station for blending with the incoming untreated water supply. Thickened sludge can either be conditioned with lime before dewatering in filter presses or reacted with sulfuric acid for alum recovery. In the latter alternative, the same filter presses remove raw water solids from the recovered alum. Two Recent Research Projects Metcalf & Eddy has recently conducted, for a major industrial client, a research program to develop a process to concentrate waste metallic hydroxide sludges. As a result of this research, facilities have been designed and approved by State authorities for concentrating the waste hydroxide sludges from a solid content of 2 percent to a final concentra- tion of 20 percent solids. These sludges are similar to the aluminum hydroxide wastes from water treatment plants. Metcalf & Eddy conducted a pilot study to determine the feasibility and cost of disposing of waste sludge from a pro- posed filtration plant in conjunction with the sewage sludge disposal operation at a nearby sewage treatment facility. This study indicated that such a joint disposal method was both feasible and economical. The natural freezing method of sludge disposal, however, proved to be less costly in this case, and was, therefore, adopted for design. •, I f i s t CITY OF RICHFIELD, MINNESOTA Office of City Manager Council Letter No. 49 The Honorable Mayor and Members of the City Council City of Richfield Gentlemen: Agenda February 14, 1977 Subject: Joint Bloomington- Richfield Sludge Disposal Study On December 3, 1976 I forwarded to the city council a memo indicating that the staff was investigating the possibilities of a joint sludge disposal study with the City of Bloomington. At that time I indicated that we would be submitting specific recommendations to the city council after definite proposals were received and reviewed. Background • The operation of Richfield's municipal water treatment plant produces a lime residue that is stored in two large sludge pits behind the water plant. This sludge must be disposed of by private contractors in private landfills on a yearly basis. Landfilling and trucking costs have risen substantially over the past ten years, and the high water content of the lime sludge has caused the Pollution Control Agency to put additional restrictions on the disposal of the sludge. Since 1970, the city has spent nearly $190,000 to remove and dispose of the lime residue generated by the treatment plant process and each year, the annual costs have tended to increase. For instance, the 1970 removal contract cost $14,186 compared to the recently completed contract which cost $36,708. The 1976 cost was 160% higher than the 1970 removal costs. The fact that these costs have increased so greatly, together with the continuing increases that we can expect in the future, supports the desirability of exploring alternative sludge disposal methods. Proposed Lime Sludge Study The City of Bloomington operates a water treatment plant that is very similar to Richfield's in terms of types and volume of sludge produced, and they are facing the same types of problems in disposing of sludge as Richfield is experiencing. Because of the similarity between the operation of the Bloomington and Richfield water treatment plants, the staff has been exploring with the City of Bloomington the possibility of engaging a consultant to analyze the current sludge disposal methods and suggest alternative methods for intermediate and long term sludge disposal. Council Letter No. 49 -2- February 14, 1977 Proposals have been submitted by Metcalf and Eddy, nc. and Pfeifer and Shultz /HDR, Inc. for such a study. It is the opinion of the water superintendent, public works director and the Bloomington staff that the contract submitted by Metcalf and Eddy, Inc. is the best proposal received for this study. A copy of the proposal received from Metcalf and Eddy, Inc. is attached for council review. In general the contract provides for: A. Evaluation of Existing Facilities, Processes and Waste Characteristics to determine kind and amount of sludge produced and review current treatment processes for possible modifications that would reduce the volume of sludge produced. B. Define Standards and Design Criteria. Confer with appropriate federal, state and local agencies as to standards and requirements relating to water treatment plant wastes, treatment and disposal of solids. C. Investigate Alternative Sludge Treatment and Disposal or Recovery Processes. Conduct a preliminary screening of these alternatives, including: 1. Controlled discharge of sludges to the sanitary sewage system • for treatment and ultimate disposal with the sewage sludge. 2. Spray application of thickened sludge to cropland and /or land reclamation areas for soil conditioning. 3. Various dewatering methods for solids separation and concentration in preparation for ultimate disposal or recovery of the solids. 4. Alternative methods for recovery or ultimate disposal of dewatered sludge. S. Ultimate disposal methods. 6. Other methods of treatment and recovery or disposal.. D. Conduct Detailed Investigation of Sludge Treatment and Disposal or Recovery Processes. After the initial screening procedure the most viable treatment and recovery or disposal processes will be selected for detailed investigation. These processes will be evaluated taking into consideration the impact of economy of scale if sludge from the Eden Prairie Water Treatment Plant is to be treated. 0 • E. Recommend A Sludge Treatment and Sludge Disposal or Recovery System which will be made based on the results of evaluating alternative treat- ments, recovery and disposal systems, their associated general environ- mental considerations, economic studies and (if performed) pilot testing studies. Recommendation It is the recommendation of the public works director, in which I concur, that the city council approve the following: 1. Authorize the proposed joint sludge disposal study in the amount of $SS, 000 with the cost to be equally shared between the cities of Bloomington and Richfield 2. Request the city attorney to prepare an agreement for implementing this study with the City of Bloomington and Metcalf and Eddy, Inc. This study will be paid for through water division revenues. WSB /eja cc: City Attorney Public Works Director Respectfully submitted, Wayne S. Burggraa f City Manager 0 CITY OF RICHFIELD, MINNESOTA Office of City Manager The Honorable Mayor and Members of the City Council City of Richfield Gentlemen: Council Letter No. 88 Agenda March 14, 1977 Subject: Loan to HRA for the Purchase of Property in the L /H /N Area Mrs. Josephine Ramsey- Hanson, property owner of 6610 Graham Avenue South, has requested that the Richfield Housing and Redevelopment Authority purchase her single family home, which will soon become available for sale. This house is located within the Lynda le /Hub /Nicollet project acquisition area for a home improvement center (see attached map) . Because the HRA has Sno acquisition funds at this time, it will be necessary to borrow funds from the city to accomplish the purchase of this property. The recommended procedure provides that the HRA and the city execute a loan agreement for the borrowing of money, with the understanding that the HRA will repay the borrowed funds to the city with interest. The city council will have to execute the attached loan agreement and resolution before the HRA may proceed with the purchase of this property. The estimated amount of the city loan will be $40,000. This amount will cover the purchase price, which has not yet been negotiated, and the cost of relocation, if any. The home is a one and a half story frame dwelling which was built in 1946. It has 896 square feet on the first floor with three bedrooms. The city assessor's office has recorded a current market value for this property of $27,900, and it has been appraised by Janski and Gibson for $38,000. The loan from the city will be paid back with interest by the end of three years. The interest rate would be five (50X) percent per annum ($1,900 per year) on the unpaid balance. The interest on the loan will be paid from the following two s ource s: 1. Until the land is needed for the L /H /N project, the home will be rented. The gross rental income will be approximately $325 per month. 2. When the land is needed for redevelopment, the home will be sold to a mover for approximately $2,000. Council Letter No. 88 -2- March 14, 1977 0 It is recommended that the city council adopt the attached resolution authorizing execution of the loan agreement with the HRA for acquisition of this property. JLW /b l l cc; Planning Director 41 Respectfully submitted, oyce . Wilde Acting City Manager RESOLUTION NO. • RESOLUTION AUTHORIZING THE EXECUTION OF AN AGREEMENT TO LOAN MONEY TO TI-1E RICHFIELD HOUSING AND REDEVELOPMENT AUTHORITY AND PROVIDING FOR THE PERFORMANCE THEREOF BY ADVANCEMENT FROM THE PIR FUND WHEREAS, the HRA desires to borrow money for the purpose of purchasing certain real property pursuant to and in furtherance of the L /H /N Redevelopment Project heretofore adopted by the City and the HRA, said real property being described as follows: Lot 9, Block 3, Fairwood Shores Addition, Hennepin County, Minnesota, and WHEREAS, the purchase of said real property is necessary to accomplish the purposes of said L /H /N Project, and WHEREAS, the HRA is authorized by Minnesota Statutes, Section 462.445, to purchase real property and to borrow money from the City therefor, and WHEREAS, the City is authorized by Minnesota Statutes, Section 462.581, to make loans to the HRA in aid of projects. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF RICHFIELD: 1. That the Mayor and City Manager be, and hereby are, authorized to • execute, as agents to the City of Richfield, an agreement with the Richfield Housing and Redevelopment Authority, entitled "Loan Agreement ", a copy of which is hereby given Clerk's File No. HRA- , and is ordered placed on file. 2. That the City Clerk be, and hereby is directed to advance monies to the Richfield Housing and Redevelopment Authority in such amount and at such time as is provided in the above agreement, said monies to be taken from the PIR fund, and to return to the PIR fund all payments made by the Housing and Redevelopment Authority pursuant to said agreement. Passed by the City Council of the City of Richfield this 14th day of March, 1977. ATTEST: Thomas J. Moran City Clerk 4k Loren L. Law Mayor LOAN AGREEMENT THIS AGREEMENT, entered into as of this 14th day of March, 1977, by and • between the Housing and Redevelopment Authority of Richfield, Minnesota, a — body public and corporate (hereinafter the "HRA "), and the City of Richfield, -a municipal corporation organized and existing under the laws of the State of Minnesota (hereinafter the "City ") WITNESSETH: WHEREAS, the HRA desires to borrow money for the purpose of purchasing certain real property pursuant to and in furtherance of the L /H /N Redevelopment Project heretofore adopted by the City and the HRA, said real property being described as follows: Lot 9, Block 3, Fairwood Shores Addition, Hennepin County, Minnesota, and WHEREAS, the purchase of said real property is necessary to accomplish the purposes of said L /H /N Project, and WHEREAS, the City desires to lend money so that said purchase may be accomplished, and WHEREAS, the:HRA is authorized by Minnesota Statutes, Section 462.445 to purchase real property and to borrow money from the City therefore, and WHEREAS, the City is authorized by Minnesota Statutes, Section 462.581 to make loans to the HRA in aid of projects • NOW, THEREFORE, for and in consideration of the mutual tenants and agreements herein set forth, the HRA and the City. do hereby agree as follows: I. The City agrees to advance to the HRA money in an amount to be determined by the HRA at such time as a decision has been made by the HRA to purchase such property, said amount to be equal to the purchase price of said property, and II. The BRA agrees to repay the sum so advanced, plus interest, as follows: A. Interest shall accrue on unpaid principal at the rate of 5.00% per annum from the date of advancement until repaid. B. Payments shall be applied first to reduce interest accrued at the date of payment, and the remainder, if any, shall reduce the principal balance. C. The HRA may make payment or payments in any amount and at any time, provided that the entire unpaid principal together with accrued interest shall be repaid no later than three years from the date of advancement of funds to the HRA. III. This agreement shall be void and of no effect if advancement of funds by the City as provided herein is not made before May 30, 1977. Ik r. i HOUSING AND REDEVELOPMENT AUIHORITY By Its Chairpan Dated: By. Its Executive Director CITY OF RIO IELD i By Its Mal r Dated: By Its City Manager • f C1 O O 7 IJILLiJ 1 -1-1- LLLI LYNWOOD at DUPONT -n COLFAX AY, U 44-77 i -LLI Ah-l-r-,TTTTTTT� CD c to z m > > 0 m 13 m 33 i n Q c .RYA., AY. • — HAOR:KT' ILL I ;.4 L I 0 AVE. PLEASANT AM FIT 0 P"SBURT AVE. -7-T FIT - T7- F FT T R" AVE. LYNDALM F59 4 02PA / i A A M=IAL ;MPP�ZVEPAMNT 0 130 A I v I RICHFIELO., MN CITY OF RICHFIELD, MINNESOTA Office of City Manager Council Letter No. 87 Agenda March 14, 1977 The Honorable Mayor and Members of the City Council City of Richfield Gentlemen: Subject: Proposal for Multi - Residential Planned Unit Development Wood Lake School Site The Architectural Alliance, 400 Clifton Avenue, Minneapolis, has requested a zoning district change from "R" to "PMR" (planned multi - family residential), a special use permit and a preliminary plat review. In addition, the developer is re- questing an equal land trade with the city. Proposa 1 4 The Architectural Alliance is proposing to design, construct and manage a high quality, moderate to high income market rate multi - family housing complex on the .present Wood Lake School site. The project has been designed and will be developed within the following guidelines as proposed by the developer: Dwelling Unit Type The project will be a 120 -unit townhouse and multi- family condominium de- velopment. Because it is a condominium development, the residences will be in- dividually owned by the occupants. The common areas, roadways, and open spaces will be owned by a homeowner's association. The units will be priced for sale from $38,000 to $65,000 and have the following mix: 1. 28 units of 2 and 3 bedroom townhouses at 1 , 340 square feet each; 2. 14 units of 2 bedroom duplex type at 1,200 square feet each; 3. 14 units of 3 bedroom duplex type at 1 , 360 square feet each; 4. 64 units of 1 , 2 , and 3 bedroom multi - family structure. The townhouse units will be two -story structures. The one multi - family building will be four stories in height which is approximately the same height as the existing school building. • Council Letter No. 87 Amenities -2- March 14, 1977 The site offers the natural amenity of the adjacent Richfield Lake and the nearby Wood Lake Nature Center. The location is within walking distance of convenience shopping . Large areas of landscaped green spaces and smaller re- creation areas for children will be provided within the complex. The site will be planned to provide maximum security in outdoor spaces and within the buildings. Aesthetics The project scales will be kept aesthetically oonsitent with the established fabric and context of the surrounding residential area. A large portion of the project will be of two -story construction. Materials will be used which reinforce the residential nature of the project and conform to the HRA's redevelopment plan. High quality green space (Greenway) and the contiguous relationship of the project to Richfield Lake is a significant asset of the site. Site Relationships The applicant's proposal provides that a large greenway will connect all units directly to Richfield Lake. Automobile access to two - thirds of the dwelling units will be from the southeast corner of the site at the intersection of Lynwood Boulevard and 66th Street. The remaining one -third of the dwelling units will have access from Emerson Avenue immediately west of the project. The four -story multi - family building with 64 units will be located some distance from 66th Street and the east and west property lines in order to create landscaped open spaces adjacent to the existing single family homes. The remaining units will be in scale with adjacent properties. Parking There will be one enclosed parking space provided for each unit, plus one additional enclosed space, for a total of 121 enclosed spaces. Forty -four additional designated surface guest parking spaces will also be provided. Additional owner and guest parking will be available in front of the individual townhouse unit garages. A total of 221 parking spaces will be provided. out: Staff Review The following items are attached to this letter and will be referred to through- 1. Exhibit A - site plan detailing the proposed project; 2. Exhibit B - narrative describing some aspects of the site plan; 3. Exhibit C - development schedule 4. Exhibit D - preliminary plat; 5. Exhibit E - redevelopment plan; 6. Exhibit F - PUD project review criteria, subd. 4 7. Exhibit G - zoning map Council Letter No. 87 -3- March 14, 1977 This project has been reviewed for compliance with development objectives contained in the Planned Unit Development Ordinance, Chapter III, Part IV, Section 3.34, subd. 4 of the city code, as well as for compliance with the subdivision regulations. In addition, the applicant's proposal has been reviewed for compliance with the L /H /N Redevelopment Plan. Relationship to Ordinances and Plans The PUD section of the zoning ordinance requires that a proposed PUD project be compared with the zoning ordinance requirements otherwise applicable to such a project. That is, if this project were not developed under the PUD section, the provisions for Group Housing Developments in Section 3.37 of the zoning ordin- ance would otherwise be required. Shown below is a comparison of what would be required for a Group Housing Development and what is actually proposed in this PUD project: Group Housing Development Requirements Proposed Under The PUD 1) Parking Multi- family Townhouse 2) Density Multi - family Townhouse 3) Setbacks Multi - family Townhouse 4) Open Space Condominium Townhouse 1.5 sp /du 1.5 sp /du 2 sp /du 2 sp /du: 1 enclosed 1 enclosed (includes guest parking area in front of garage) 22 du/ac entire project will be 18 du /ac 20 du /ac (120 du - by 6 acres) front 30 feet rear 25 feet side 25 feet front 25 feet rear 20 feet side 20 feet 300 square feet /du 300 -400 square feet /du 50 feet from 66th Street n/a 35 feet from west /135 feet from east 45 feet n/a 18 feet at the closest point on east property line entire project will provide 990 square feet /du The comprehensive plan, as amended by the city council in June, 1976, indicates riulti- residential land use of a medium to high density on this site, which 40 is within the boundaries of the Lynda le /Hub /Nico Ile t Redevelopment Project. The Redevelopment Plan also indicates multi - residential land use on this site up to 200 dwelling units. Council Letter No. 87 -4- March 14, 1977 The proposed project has been coordinated with the subdivision regulations, and is in compliance with the subdivision regulations. It is the opinion of the city staff that the project proposed is in general conformance with the Comprehensive Plan and Redevelopment Plan, that the differences between the proposal and the otherwise applicable provision for Group Housing Development are minimal and exceed the minimum standards otherwise applicable in most cases. The differences would not be detrimental to the public interest. Project Provision for Adequate Vehicular Control, Air and Light The proposed project was designed to provide ingress and egress from two separate locations. This design will eliminate the use of the project streets as through streets from Emerson Avenue to 66th Street. The entrance (exit off 65th Street at Emerson) will serve thirty -six single family townhouse units. If each unit has an average of 2.5 occupants, and if each unit generates three trips per person per day, this section of townhouse units could be expected to generate approximately 270 trips per day onto Emerson Avenue. It is anticipated that 50% (135 trips) would go to Lyndale Avenue at 63rd Street and 50% would go to 66th Street at Emerson Avenue. Emerson Avenue between 64th and 66th Street carries approximately 600 vehicles per day at the present time. This figure does not take into account the persons who might take advantage of the mass transit service available to the site from 66th Street and a reduction in the trip generation character- istic can be assumed for use of such mass transit. The second and main entrance is in the southeast corner of the site, opposite Lynwood Boulevard, intersecting 66th Street. This entrance /exit will serve the 64 unit multi - family units and twenty single family townhouse units. There may be a stop signal at this location entrance. Using an average of 2. 5 persons per town- house unit and 1.5 persons per multi-family unit (apartment type condominiums have fewer persons per unit than townhouse type condominiums), this group of dwellings could be expected to generate approximately 438 trips per day, assuming 3 trips per day per person. (Transportation Behavior Inventory, April, 1974, "A Summary Report of Travel in the Twin Cities Metropolitan Area. Prepared by the Metropolitan Council) . The total trips per day generated by this project will be approximately 708 trips. 66th Street at this time carries approximately 22, 000 vehicles per day in both directions. Once the L /H /N Redevelopment Project is completed, traffic projections indicate 28,000 vehicles per day on this section of 66th Street between I35W and Lyndale Avenue. The 708 trips per day generated by this residential project was included in the 66th Street traffic projection of 28, 000 vehicles per day. Public safety department records indicate that there were 68 motor vehicle accidents on 66th Street between Lyndale Avenue and I35W in 1975. If an additional 708 vehicle trips are introduced onto 66th Street, the public safety department in- dicates that an additional 1 to 3 accidents per year over this segment of roadway could occur. Council Letter No. 87 -5- March 14, 1977 However, traffic accident projections do not take into account the street and intersection improvements planned for the L /H /N project. The signalization, channelization, and widening of streets can be expected to reduce the number of vehicle accidents occuring on this segment of 66th Street. Hennepin County has requested an easement over the project property ad- jacent to 66th Street for future street improvements on 66th Street between Graham Avenue and I35W. The county is also requiring that the project entrance /exit drive on 66th Street be located across from Lynwood Boulevard. The location of this entrance is important for traffic safety and is important for the implementation of future street improvements. The city staff concurs with the county recommenda- tions. It is the opinion of the city staff that, while there will be a substantial in- crease in vehicular traffic generated at this site, the majority of this traffic will enter and exit from 66th Street. The impact of this increased traffic on 66th Street can be lessened with implementation of the planned L /H /N street improvements, by improving the intersections of Emerson Avenue and Lynwood Boulevard with 66th Street, in conjunction with the county's proposal. The internal vehicular circulaticn of the project is also important for the project's success and to reduce congestion on the public streets. The system which will be maintained by the project owners, provides adequate parking and driving areas. The project is designed to have quiet residential streets. Information and directional markers wilt be located at each entrance to provide easy access to in- dividual units. The multi- family building will provide one parking space per unit in an underground garage (64 spaces) . Access to and from the garage will be from a depressed driveway off from the 66th Street entrance drive. (Exhibit A) . Provision has been made for thirty -one guest parking spaces linked to the building by sidewalks. A circular drive is provided at the main entrance for passenger loading and unloading convenience. All interior drives are a minimum of 24 feet wide. With off - street parking, this width is sufficient for the interior drive to function like a minor street serving a limited number of housing units. The setback of the unit garages from the interior driveways varies from 25 feet to 60 feet. This will allow sufficient space for the parking of one or more vehicles between the garage and interior drive without blocking the drive. The setbacks provided between the multi - family building and the single family townhouse clusters will allow for adequate amounts of light exposure and air circulation for all the housing units. The two -story townhouse units will have win- dows on two sides at two levels. The city staff is of the opinion that the design of the buildings and their orienta- tion to light, air, open space and adjacent land uses on the site will provide for a quality living environment for residents of the project. 11 Council Letter No. 87 -6- March 14, 1977 Nature and Extent of Open Space and Other Uses of Land The complex will be provided with areas of landscaped green spaces. A large greenway is proposed to run generally down the middle of the project to Richfield Lake. Most of the single family townhouse units will have direct access to this greenway and its accompanying pedestrian walkway. Approximately 27,000 square feet of land area will be designated for recreation purposes in this greenway area. This space is in excess of the minimum area required in a Planned Unit De- velopment. No recreational facilities, such as a swimming pool or tennis courts, are proposed. However, it is recommended that provision be made for recreational space needs for children with two "tot lot" type structures in the development. This recreational facility is important because there are no public parks or play- grounds accessible for children in the area. Following is the percent and amount of land use within the project: WOOD LAKE M. R. SITE Intensitv of Use on the Land Proposed Gross land 312,376 sq. ft. Floor area 146,028 sq. ft. Open space 242,600 sq. ft. Livable space 170, 134 sq. ft. (open space minus vehicle driving and parking areas) Recreation space 26,900 sq. ft. Allowed by Ordinance N/A 217,414 sq. ft. max. 215,539 sq. ft. min. 124,900 sq. ft. min. 21,866 sq. ft. min. The developer's design exceeds the intensity of use required by ordinance. With this size site it is possible to adequately construct 200 double units and have enough open space, recreation space, and livable space for a well designed development. The developer is proposing 120 double units at a floor area of only about one -third of what is allowed. Impact of Project on the Neighborhood The single family townhouse portion of the project is in scale with the estab- lished character of the surrounding neighborhood. The townhouses will be two -story structures clustered around the green spaces. The single family townhouses will be colored in earth tones. The four -story multi - family building is not in scale with the single family residential character of the neighborhood. However, the orientation of this unit on the site toward 66th Street, the setback from the adjacent homes, the lower profile a four -story structure offers, essentially the same height as the exist - ing school:, and the construction materials proposed will help blend this building into the neighborhood without a detrimental impact on the existing residences. The character of multi - residential project is such that it should promote a positive image Council Letter No. 87 -7- March 14, 1977 in this site and the surrounding area. The value per unit of the proposed de- velopment equals or exceeds the value per housing unit of the immediate neigh- borhood north of 66th Street. Availability of Public Services This site is adequately served by gas, water, electric and sanitary sewer utilities. A 16 inch water line passes through the property and water is also available under 66th Street and Emerson Avenue. Natural gas is available under 66th Street and Emerson Avenue and sanitary sewers of an adequate size are also available under 66th Street and Emerson Avenue. Storm sewers are presently not available on the site, but are available on 66th Street. When the new residential streets are constructed on Emerson Avenue and 65th Street this summer, storm sewers will be installed and will be available to the site. The developer will dispose of on -site surface water through catch basins and public storm drains. No surface water will drain onto adjacent streets or property. All surface water will flow to catch basins and not sheet across the parking and interior drive areas of public side- walks. Staff Recommendations Preliminary PUD Plan • In judging this proposal against applicable ordinances and plans, it is the opinion of the city staff that the concept of this proposal generally is in conformance. The proposed project takes maximum advantage of space available and is oriented to the adjacent open space. The developer's creation of on -site open space sufficient for the occupants is also an asset. The proposal fulfills the goals of the Comprehen- sive Plan as well as the L /H /N Redevelopment Plan. The character of the proposed residential project is in sufficient scale with the existing character of the neighbor- hood so as to not detrimentally impact.the area. Traffic generated at this location can be handled adequately for the present time with proper alignment of entrances and signs and future improvement3 planned for 66th Street will further improve the traffic situation. It is the recommendation of the planning director that the preliminary PUD plan be approved with the following changes: 1. The south 66th Street entrance to the project should be aligned with Lynwood Boulevard. This alignment is important to provide safe traffic access to the site and to Lynwood Boulevard, and to improve the traffic safety of that part of 66th Street. The new alignment is also necessary to provide for the future street improvements outlined in the Redevelopment Plan. The recommended alignment of this driveway can be accomplished by either moving the proposed project driveway to the east or by moving Lynwood Boulevard to the west. If the project driveway were moved to the east, 3,000 square feet of property would have to be purchased Council Letter No. 87 -8- March 14, 1977 from the homeowner to the east. If Lynwood Boulevard were moved west, it could be done within the existing right -of -way without the loss of any trees. This move of Lynwood Boulevard can be done as as part of the 1977 permanent street improvement program. Another advantage of moving Lynwood Boulevard to the west is that visibility on the corner to the west is slightly improved for vehicles exiting from Lynwood Boulevard onto 66th Street. The meeting with neighbors resulted in agreement that the Lynwood Boulevard entrance be aligned with the entrance to the proposed project. 2. The pedestrian walks should be concrete and should be lighted to provide security and safety. Ramps should be provided for the handi- capped. Sale and Acquisition of City Owned Property The existing north property line of this site is located such that a portion of the high ground on the bluff in the northwest corner of the site is owned by the city and a similar sized piece of property at the base of tl-e bluff on the level of the marsh on the northeast corner of the property is owned by the developer (see Exhibit A) . The developer wishes to exchange with the city his triangular piece of property (between the property line and the dashed line on the attached site plan) for the triangular piece of property now owned by the city. • It is the recommendation of the city staff that this proposed land trade be accomplished. The high ground is better utilized by this project. The city should retain ownership of a large portion of the marsh level land which is better utilized for future park and pedestrian way improvements. Preliminary Plat It is the staff recommendation that the preliminary plat be approved. Development Schedule (Exhibit C) It is the opinion of the city staff that the development schedule is sufficient in terms of finance, design and construction timing to carry out the project. Planning Commission Recommendation The planning commission reviewed the request for the PUD plan approval, rezoning, from single family residential (R) to Planned Multi- Family Residential (PMR) , special use permit, preliminary plat approval and exchange of property at its February 22, 1977 meeting. Following the staff presentation, testimony from the applicant and nearby residents, and discussion, the planning commission is made the five following recommendations to the city council; Council Letter No. 87 -9- March 14, 1977 1. To recommend to the city council approval of the Wood Lake School site PUD plan with the following modifications: A. The developer dedicate a 15 foot easement along the existing water main which bisects the property. The developer has done this. B. The developer dedicate 20 feet of public right -of -way along 66th Street to allow for future improvement of 66th Street. C. The south 66th Street entrance to the project be aligned with Lynwood Boulevard. The city staff has reach concurrence on a solution for this problem on Lynwood Boulevard with area neighbors. D. With one exception, parking lot drainage should be by catch basins connected to the city's storm water system. The culvert should be extended further into Richfield Lake. The developer has complied with this recommendation. E. The pedestrian walks should be concrete and should be lighted to provide security and safety. Ramps should be provided for handicapped. 41 2. To recommend to the city council that the proposed land exchange as proposed in the PUD Plan is in conformance with the city's Comprehen- sive Plan. 3. To recommend to the city council approval of the preliminary plat for the PUD Plan with the following additions or changes: A. On one plat sheet show the proposed location and width of streets, lots, buildings and setbacks with easements. Name all adjoining subdivisions and show all layouts of adjoining streets. The de- veloper has done this. B. Show title of subdivision, name of subdivider, north point, seal and date and scale. The developer has done this. C. Provide written and signed statement as required by Section 3.59 (8) . The developer has completed this. (Exhibit B) . D. Show all bearings and distances. E. Show a 20 foot dedication of public- right -of -way along 66th Street. The developer has done this. 0 F. Show a water utility easement of 15. The developer has completed this. Council Letter No. 87 -10- March 14, 1977 G. Show the area of land proposed for exchange with city owned property as a dedication of land to the city. The developer has completed this. 4. To recommend to the city council rezoning of the Wood Lake School site from single family to planned multi - family residential. S. To recommend to the city council issuance of the special use permit for the proposed PUD Plan. In summary, it is recommended that the city council take the following actions: 1. Approve the preliminary PUD site plan 2. Approve the concept of the exchange of property 3. Approve the preliminary plat 4. Approve the zoning district change from "R" to "PMR" (Planned Multi - Family Residential) It will be necessary for the council to hold a public hearing on the application for a special use permit after the final PUD plan is prepared. JLW /eja cc: Planning Director Public Works Director City Attorney is Respectfully submitted, yce . Wilde Acting City Manager Exb• $ February 17, 1977 Supplement to the Application for Planned Unit Development (PUD) District Rezoning To: _ Richfield Planning Director Re: Wood Lake School Site Development Applicant: The Alliance/Hagen-Mason From: Sandy Ritter The Architectural Alliance The following information is intended to supplement information given on the application form for PUD district zoning and the drawings showing the develop- ment on the site in question. The information listed below specifically deals with items listed in Chapter III, Part IV, Section 3.34A, Subdivision 3.2a of the ordinance code of the City of Richfield. 1. Item 3.34A, Subdivision 3.2a, i, I: "The outline, overall dimensions and the area of the tract described in the applications;" The tract described in the application contains 261,490 S.F. See the drawings for the.overall dimensions. 2. Item 3.34A, Subdivision 3.2a, i, II: "The use, existing zoning, and ownership of the subject tract and .adjacent properties within 350 feet of the proposed PUD district boundaries including the location of all structures and the right-. of -way widths and travel widths of all adjacent public roadways;" The subject tract.is zoned residential and has, until recently, been used for an elementary school site by the Richfield Public Schools. The zoning of all the adjacent property within 350 feet is Residential (R) except the property adjacent to the tract at the northeast corner which is zoned multifamily residential. See the drawings for the location of all structures and right -of -way widths and travel widths of all adjacent public roadways. 3. Item 3.34A, Subdivision 3.2 a, i, III "The location, general exterior dimensions and gross floor area of all proposed buildings; The gross floor area for all proposed buildings is 146,128 S.F. See the drawings for the location and general exterior dimensions of all the proposed buildings. is 4. Item 3.34A, Subdivision 3.2a, i, IV: "The type of use proposed to occupy each parcel and each building, the amount of building floor area devoted to each different use, and a legal description of all areas to be designated for uses allowed by subdivision 2 (5) (c) of this section;" The total parcel will be used for residential purposes. There will be 56 townhouse type units having a "total floor area of 73,360 S.F. and a 64 unit apartment type building having a total floor area of 72,768 S.F. There will be no areas designated for uses allowed by subdivision 2 (5) (c). All uses will be allowed in Planned Multi- Family Residential (PMR). 5. Item 3.34A, Subdivision 3.2a, i, V: "The location, arrangement and number of automobile parking stalls; As a minimum, there will be one enclosed parking space provided for each unit., There will be at least 44 additional parking spaces pro- vided for guests. See the drawings for the location and arrangement of stalls. 6. Item 3.34A, Subdivision 3.2a, i, VI: "The location, arrangement and general dimens ions of all truck loading facilities and all passenger loading areas including bus turn outs and shelters;" There will be no truck loading facilities per se but there will be passenger loading areas adjacent to each townhouse for use of the townhouse occupants and guests and a larger turnaround /passenger loading area at the entrance to the apartment type building. See the drawings for the exact location of these areas. 7. Item 3.34A, Subdivision 3.2a, i, VII: "The location and dimension of all vehicular entrances and exits, driveways and their relationship to all existing and proposed public streets;" The site will have two vehicular entrances. One entrance will be in the southeast corner of the site as.nearly opposite as possible Lynwood Boulevard, intersecting 66th Street. This entrance will serve the 64 apartment type units and 20.townhouse units. The second entrance will be off of 65th Street at the northwest corner of the site. This entrance will serve 26 townhouse units. At this entrance, 65th Street leads only onto Emerson Avenue. All entrances to the site and on site roads will be a minimum of 24 feet wide. 0 8. Item 3.34A, Subdivision 3.2a, i, VIII: "The location, design and dimension of pedestrian entrances, exits, walks, skyways; plaza courts or other related pedestrian areas Major pedestrian entrances to the site will be off of 66th Street immediately in front of the apartment type unit and at the western edge of the site. These sites will accommodate mass transportation stops and drop offs along 66th Street There will also be pedestrian access from Emerson Avenue along 65th Street and from the Richfield Lake bikeway and path. Typical walks will be 5' wide and constructed of concrete or asphalt. Sitting areas and small plazas will be de- veloped at the intersection of the walkways. Pedestrianways will have lighting for night walking and security purposes. 9. Item 3.34A, Subdivision 3.2a, i, IX: "The location and dimension of all walls, fences and planting areas both designed to screen the proposed district from adjacent uses and to en- hance the environment of the district; Fencing will be provided along the west side of the site where the. on -site roadway is adjacent to neighboring property and planted berms or fencing will be developed along the east side of the site where on site road is adjacent to neighboring property. These fences will be a.minimum of 4' -0" high and be of'wood construction with a natural or earthtone finish. Other plantings on site will be developed to break up long expanses of garages or other undesirable views. All fences, plantings and berms will be developed to enhance privacy, re- duce scale, break up repetition and to increase the single family character of the project. 10. Item 3.34A, Subdivision 3.2a, i, X: "The location and dimension of all signs and lighting including the illumination characteristics of all lighting; Project identification signs will be located adjacent to the site entrances from 66th Street and 65th Street. These signs will be wooden, approximately 8' -0" long and 5' -0" high. The signs will identify and development, give directional input, indicate numbers of units on each drive, be illuminated at night and be set in a back- drop of plantings and related materials. Parking and pedestrianway lighting will be-from wooden posts 12 to 25' tall with downward directional fixtures using metal halide fixtures. Lighting will be planned to limit the effect off the PUD site. Lighting wi11 be color corrected to, stay in the warm tone ranges. Each individual townhouse will have',in illuminated identification marker adjacent to the en- trance to the unit. Guest and designated parking will be clearly marked and have a sign that will be clearly legible at night. 11. Item 3.34A, Subdivision 3.2a, i, XI: Existing buildings, roads, trees, utilities and utility easements, all shown in half tone, black and white ;" See drawings for this information. 0 12. Item 3.34A, Subdivision 3.2a, i, XII: _ "Preliminary building plans, elevations, sections and general specifications of material and unusual structural systems for the proposed building or buildings, prepared by an architect registered' in the State of Minnesota;" See the drawings for building plans, elevations., sections, etc. The townhouse units will be constructed of substantial and quality materials. The predomivent materials will be brick, wood and stucco. The construction will be wood frame with variations in the facade dimensions and surfaces to eliminate any monolithic character. Roofs of the townhouse units will be pitched and shingled. The apartment type building will be broken into 3 masses.' It wili have a precast structural frame with brick or stucco veneer. The scale of the building will be diminished by the three elements and the articulation of surfaces. 13. Item 3.34A, Subdivision 3.2a, i, XIII: "The site grading plan including an analysis of the adequacy of surface drainage, storm sewer and catch basin drainage, erosion control, visual screening and landscaping and existing and proposed topography of the tract with vertical topographic contour intervals not greater than two feet;" See the drawings for the grading plan and topographic information. The existng site has 118,965 S.F. of asphalt area or areas covered by buildings. The development will have 142,244 S.F. of paved area or areas covered by buildings. Even though the site will have more hard surface area, the quality of the remaining "soft "-areas will be such that we anticipate more moisture absorbtion, less runoff and better erosion control from the proposed development than the existing site with its hard surfaces and minimal plantings What runoff there is from the site will be handled as it. is.now where the front 1/4 of the site drains to 66th Street, the west 1/4 drains to Emerson Avenue and the remaining 112 drains into Richfield Lake. We feel this project will have less impact on the storm sewer system than the existing school. Erosion control will be handled through plantings; directed runoff, catch basins and on site ponding. Landscape development will be used to humanize the scale of the project, control vistas, soften the impact of multiple units and screen the project from adjacent properties. Where year around screening is de- sired, evergreens of limited height and variety will be used. Where view or sunscreening is seasonal, desiduous trees will be used. See the site plan for planting locations'. The basic topography of the site will be changed little by the develop- ment. The site now rises 2 to 4 feet from 66th Street, is basically flat to the crest of the bluff on the north and drops sharply 16 to 20 feet to Richfield Lake. This basic land form will be continued with the proposed development. Item 3.34A, Subdivision 3.2a, ii: "As part of the PUD plan, the applicant shall submit proposed declarations af` covenants., conditions and restrictions, articles, of owners associations and all other such documents as the city may deem necessary in such form and containing such provisions as will 'ensure ` that adequate property control is provided to protect the individual owner's rights and property values, to establish responsibility for maintenance and upkeep, and to ` ensure continuing compliance with the plan. The City shall require that such declarations of covenants., conditions and restrictions or other documents provide that in the event any association or corporation fails to maintain properties in accordance with the applicable ordin- ances and regulations of the city or fails to pay taxes or assessments on properties as they become due and in the event the city incurs any, expenses in enforcing its ordinances, rules and regulations, which expenses are not immediately reimbursed, by the association or corpora - tion,'.the city ,shall have the right to assess each property its pro rata share of such expenses. These assessments, together with in- terest thereon and costs of collection, shall be a lien on each 'property against which each such assessment is made. At the time of this preliminary submittal the full `covenants, `conditions ' and restrictions have not been finalized, but we will be.developing covenants which will be acceptable to the City of Richfield, Federal Housing Administration, Veterans Administration, Federal Home Loan Mort- gage Corporation and Federal National Mortgage Association. At this time, we are including "Suggested Legal Documents for Planned Unit Developments" as prepared by the U. S. Department of Housing and Urban Development, Federal Housing Administration and Veterans Administration as`representa- tive of our proposed format and intent. The finalized documents will be available prior to final city council action. (See attachment). 15. Item 3.34A, Subdivision 3.3: "Coordination of Subdivision Regulations. Subdivision review under the subdivision control ordinance shall be carried out simultaneously with the review of the planned unit.development' under this section. In addition to the PUD plan, the applicant shall submit information meeting the requirements of the subdivision regulations of the city." The Chapter III, Part VI, Subdivision Regulations have the following_ requirements: A. 3.54, Subdivision 2: "Definitions. The following have the meanings ascribed to them in this section: 1) "Subdivision means: a., A division of land by platting conveyance registered land surveyor or other means, into two or more lots, plats, sites or other divisions, any of which is less than five (5) acres in area." I 0 This development clearly falls under the subdivision regulations. B. 3.54, Subdi iii si on 3: "Council Approval Platting Authority. All plats or subdivisions of land in the city must be approved by council resolution pursuant to the provisions of Minnesota Statutes 462.358. For this purpose the council shall be considered as the "Platting Authority ". The Richfield Council is recognized as the "Platting Authority" for this development. C. 3.54, Subdivision 4 "Regulations as to Conveyances. No conveyance of land in which the land conveyed.is described by metes and bounds or by reference to a plat made.after March 11, 1940, which is not approved by council resolution, shall be made or recorded if the parcel described in the conveyance is less than five (5) acres in area and 300 feet in width unless such parcel was a separate parcel of record as of March 11, 1940, or unless an agreement to convey such smaller parcel was entered into prior to that time and the instrument showing the agreement to convey is recorded in the office of.the register of deeds within one year thereafter or was a separate parcel of not less than two and one -half acres in area and 150 feet in width on January 1, 1966, or is a single parcel of land not less than five acres and having a width of not less than 300 feet." The property involved will be replatted to meet the requirements of these regulations.- The plat will be submitted with the final approval packet of information. D. 3.54, Subdivision 5, 6, 7 & 8: Not applicable. E. 3.55, Subdivision 1 Streets. Before the approval of any plat or subdivision, it shall be checked as to measurements of all lots, streets and public lands. All proposed streets on such plat or subdivision shall conform to the street plan of the city as hereinafter specified. In consider- ing requirements for the location and width of streets, consideration may be given to the prospective character of the development, and reasonable conditions and requirements for the establishment of such streets may be required by the council as a condition precedent to approval of the plat or subdivision. All streets within the subdivision are intended to be private streets with no through public thoroughfares. The streets will meet the requirements of the City of Richfield as they apply to the specific usage. F:. 3.55, Subdivision 2: "Grades, Utilities, etc. As a condition precedent to the approval of the plat of lands located''within` the city limits, the council may prescribe requirements of the `extent 'to which and the manner in which streets shall be granted and improved; utilities installed, and any other matters reasonably related to the manner in which the area being subdivided or platted shall be developed." The development of specific utility requirements have not been completed at this stage of the development. The development, layout and extent of utilities will be according to all applicable codes and ordinances and to the standard practice of this industry. G. 3.55,, Subdivision 5: "Dedication of Park Land. In appropriate plats or subdivisions to be developed for residential uses, the council may also require that a portion of such land of sufficient size and character be set .aside and dedicated to the public for public use as parks and playgrounds. The subdivider may, however, at his option contribute an equivalent amount in cash and all such payments received by the city shall be placed.in a special fund and used only for the acquisition of land for parks and playgrounds. It is the understanding of the devleoper that there will be no re- quired "dedication of park land" or related fee but that the de- veloper will work with the City of Richfield to coordinate this project with the future development of Richfield Lake as a recrea- tional/nature area. H. 3.55, Subdivision 4: "Contract and Bond. In lieu of the completion of work required as a condition precedent to approval of a subdivision or plat, the council may give approval upon the execution of a contract and bond in for and amount satisfactory to the council, providing for an securing to the city the actual construction and installation of such improvements, utilities and other developments within the , period specified in said contract and bond, not exceeding two years This section is not applicable. I. 3.55, Subdivision 5: "Public Improvements -- Limitation. Except as otherwise provided in this part, no electric or gas distribution lines and piping, road- ways, walks, curbs and other similar improvements shall be constructed on any street until the street has been.approved by being designated upon a plat or subdivision duly approved and accepted by the council or previously accepted as a public street by the council." This section is not applicable. %�.� J. 3.55, Subdivision 6: "Issuance of Building Permits -- Condition. No permit for the erection of any building shall be issued unless it shall be located upon a street or highway giving access thereto, which has been duly approved and made a part of the street plan of this city unless such building.conforms to the building line established upon the street or proposed street where it is to be located. No permit for the erection of any. building shall be issued unless the building is to be located upon a full width, improved street or highway, and at such an elevation that such building can be served by the municipal sanitary sewer system by gravity flow, unless the permission of the council is first obtained. This provision is applicable to building permits to be issued for any parcel of land whether heretofore or hereafter platted or subdivided. This section will be complied with by the developers. k. 3.55,`Subdivision 7: "Building Permits-- Viloation of this Part. No building permit shall be issued for the construction of any building on a parcel_ conveyed' in violation of the provisions of this - part. "' This section will be.compJied with by the developer.- L. 3.56, Subdivision 1: "Arrangement of Streets. The arrangement of streets in new sub- divisions of plats shall be so laid out as to provide a continuation of existing streets of adjoining areas, whether:in the city or in. adjoining municipalities or the projection of east- west or north- south streets of the city if there are no adjoining streets. The width of streets in new subdivisions shall be not less than the minimum street width established herein. Offset or irregular streets are prohibited unless the topography of the area concerned makes the construction of regular streets impossible or impractical. This section is not applicable. M. 3.56,_ Subdivision 2: "Minor Streets -- Angles. Minor streets of irregular nature should approach any major street except major diagonal streets hereinafter named at an angle of between 80 degrees and 100 degrees. All minor streets will be in compliance. See drawings: N. 3.56, Subdivision 3: . "Major Streets -- Designation, Width. Major streets include: Penn • Avenue, Lyndale Avenue, Nicollet Avenue, Portland Avenue, Cedar Avenue, Standish Avenue and 66th Street. All major streets designated herein shall. be 100 feet in width, except where existing conditions make a street of less width more.suitable as determined by the council.,, 0 • This project impacts 66th Street in that the existing right-of- way is 66 feet at the site. The city will require20 feet (ap- proximately) of the project land along 66th Street to accommodate the required right -of -way. 0. 3.56, Subdivision 4: "Other Streets--Width. The following streets shall have a width of sixty -six feet: Xerxes Avenue, Chicago Avenue and 12th Avenue." This section is not applicable. P. 3.56, Subdivision 5: "Minor Streets - -Width The minimum width for minor streets shall be 60 feet except that where existing conditions make a street` of less width more suitable, the council may permit -a street of less width. When streets abut 'undivided property, a half street may be dedicated. When topographic conditions are unfavorable to the construction of a half street, the subdivider may be required to provide additional land to construct a street of adequate width. The streets within the site will be private drives and therefore should not be treated as minor streets requiring a 60 foot width. Q. 3.56, Subdivision 6: "Alleys -- Width. The minimum width of an alley in a - residential block shall be 15 feet, but alleys shall not be required for any block except when topographic conditions make them necessary. Alleys. may be required in the rear of all business lots and, if required, shall beat least 20 feet wide. A -five foot cutoff shall be made to all acute alley intersections. There will be no alleys within the project site. R. 3.56, Subdivision 7: "Off- Street Parking Requirements. Adequate provisions for off- i street.parking shall be provided in connection with all subdivisions for business development where the subdivider indicates that such is the purpose of the subdivision and has made application for a building permit for business development." This section is not applicable due to the.Planned Multi - Family Residential (PMR).designation S. 3.56, Subdivision 8: "Easements. Where alleys are not provided, easements of not less than 5 feet in width shall be provided on each side of all rear lot lines and along side lot lines where necessary for any anchors, poles, wires, conduits, sewers, pipes or mains for any public utility. Easements of greater widths may be required under extra- ordinary conditions of topography or utility line groupings.." All easements will be identified on the plat. Due to the Planned Unit character, utility easements will be grouped. All utilities will be underground except in extenuating circumstances. T`. 3.57, Subdivision 1; "Minimum Lot Area. The minimum area of lots in plats or subdivisions shall be 8,000 square feet. The standard width of lots shall be at least 75 feet. Where corner lots rear upon lots facing the side street, the corner lots shall have extra width sufficient to permit the establishment of front building lines on both the front and side of the lots adjoining the streets Extra width shall be pro- vided on all corner lots irrespective of whether they rear upon lots facing the side streets." This section is not applicable due to the PMR designation. U. 3.57, Subdivision 2: "'Performance Bonds. Whenever any contract and bond for the develop- ment of a plat or subdivision is.provided in lieu of performance of conditions precedent to.council approval as provided in Section 3.55, Subdivision 4 of this part, such contract and bond shall provide for performance within two years of the date. of approval of the plat. Such bond shall be in an amount of one and one -half times the actual established cost of the improvements required with form and sureties satisfactory to the council. Whenever no dots have been sold, the subdivider may vacate the plat prior to the time that the improve- ments covered by the contract and bond are installed, and when the plat is vacated, the bond shall be returned to the subdivider and the contract cancelled." This section is not applicable due to the PMR designation. V. 3.57, Subdivision 3: Street Opening. The opening and construction of any street shall not be started until agreement has been reached between the council and the property owner or developer upon the conditions under which the subdivision, plat, or street is to be developed." This section will be complied with by the developer: The street impacted by this regulation is the extension of 65th Street at.the northwest corner of the site. See drawings for the proposed con- nection. W. 3.57, Subdivision 4: "Utilities. The subdivider shall make adequate provision for water supply and for sewerage and storm water disposal. He shall provide the city with such information as may be necessary to a determination • of the adequacy of the facilities' proposed to be used for such pur- poses. The council may require the construction .of water lines, sanitary sewer lines or storm sewer lines although connection to other lines outside the area may not be possible immediately where plans,for the installation of such lines in the area have been prepared by the engineer or other competent person and con- struction of such a system or utility has already commenced or completed in other areas of the city. The council may require that such lines be constructed outside the area being platted or sub - divided where necessary in order to properly serve the area being subdivided or platted Two or more owners, subdividers or platters may enter into contracts with the city for the improvement of several subdivisions, parcels or plats at the same time when such water, sewer or storm sewer lines would pass through and serve the several areas concerned and could reasonably be constructed as a single project. The detailed site utility engineering has not been.completed for the preliminary submittal but all necessary documents will be sub- mitted to. he appropriate'' authorities prior to submission for final approval. X. 3.58 "Variances from the Provisions of this Part. Whenever the tract to. be subdivided or platted is of such unusual size or shape, or is surrounded by such development of unusual conditions that the strict application of the requirements contained in this.part would result in a substantial hardship or injustice, the council may vary or modify such requirements so that the subdivider is allowed to de- velop his property in a reasonable manner`, but in such 'a manner that the public welfare and interests of the city and surrounding area are protected and the general intent and spirit of these regulations are preserved." It is anticipated that.there will be no such variances'required. Y. 3.59, Subdivision 1: "Submission to Council. Any person wishing to subdivide land into building lots, or to dedicate streets, alleys or land for public use or to subdivide land into building lots together with the dedication or reservation of public or private streets respectively, shall submit ten (10) copies of the preliminary sketch plan, pre- ferably black and white prints, to the council before submission of the final plan. Plats containing three lots or less may be exempted by the council from the provisions of this section. This requirement is fulfilled by the requirements of the PUD or-., dinances: Z. 3.59, Subdivision 2: "contents of-Submission. The preliminary - plan °i's to be drawn to a scale.ofl not more than 100 feet to.the inch and shall show:_ 1) The location of.present property and section lines,- streets, buildings, water courses and other existing features. :within the area to be subdivided. 2) The proposed-location and width of streets,. lots, buildings, and setback lines and easements. 3) 'Existing sanitary and storm sewers, water mains, culverts and other underground structures, within the tract` or immediately adjacent thereto. The location and size of the nearest water. main and sewer or outlet are to be indicated in :a general ways upon the plat. 4) The title under which the proposed subdivision is to be re- corded and the name of the subdivider platting the tract. 5) The names of all adjoining subdivisions or a description of unplatted areas and the Layout of their streets: 6) The council. may require a contour map to be made, having con - tour intervals of not more than two feet._ 7)' North point, seal and date. 8) Plans or written and signed statements regarding the.width of all types of pavement, location, size and type of sanitary or other sewerage disposal facilities., water mains and hydrants or other utilities, storm water drainage facilities and :other proposed improvements such as sidewalks, planting and parks and grading of individual lots. Preliminary plans not containing all of the above data will not be approved by the council." All of the above information is contained on the drawings or the accompanying material submitted for the rezoning to the Planned Multi - Family Residential district. w z S %7a w z Q g -... —1L —z 1E_ I �eKs O uVl LZ� ! � SS yr z�7Y � �i•� -��� � ,,ten! a �:- _ � s— � �i.� ' t••—. � ;• + � � r - 111 Z z V . Woodlake Submitted The Architectural EPr-Oelfm46-a—r�kIjfjt. latjt ._ scale N SCIlOOI Alliance e� 1' =so' -o'Villag Hagen /Mason "'�"`. "` date son/ " "" 14 f1Aar'77 Develo ment ' Gunnar 1. Johnson &Son e Woodlalce Submitted The Architectural scale SC11001 Alliance EUnIt mbinati ons Hagen /Mason ction date Development Gunnar I. Johnson & Son 22 FEBn rut,Aj C.4 Z; "AaN / MM,.—1 / M-1V6,—A SN ;",—I ,.• ..... JAI .*Jt") JL ------ SAT 12, Iv. al 13 P 4— zz3 -5 Lo t� 41F 0 9 ji . N 7A jr mc,E-1 ! I it P 9 z 4 J 2 W E EL LU w m Ui X, U4 IA• .1-1 JL ------ SAT 12, Iv. al 13 P 4— zz3 -5 Lo t� 41F 0 9 ji . N 7A jr mc,E-1 ! I it P 9 z 4 J 2 W E EL LU w m Ui X, U4 ' Ian. the City shall require that ' such declarations of covenants, conditions and restrictions or other ocutnents provide that in the event any association or corporation fails to maintain properties in accordance :., with the applicable ordinances and regulations of the city or fails to ay tares or assessments on properties as they become due and in the event The city incurs any expenses in en -forcing its ordinances, rules and • regulations, :ihich exQenses are not imne lately reimbursed by the asso- • elation or corporation, the elfin sra1.1 , • ". ave the right to assess each property. °.. its pro rata snare of such expenses. ° � ese assessments, together With in- terest thereon and costs or collection, • `" s all be a lien on each property •: . against %hich each such assessment is made.. _ - (3) Coordination of Subdivision Regulations. Sub- ... division revic�� under the subuivis.ion .ccntrol- ordinance s!Zall be carried out simultaneously - witi the revie,. of the planned unit development Under this section. in addition. to file PUD -,)!an, the applicant shall submit information meeting the requ.i- rcmQnts of the subdivision regulations of the city. , Development Schedule. The applicant shall submit - a proposed schedule for construction beginning _ •.. at the time_ the requested zoning may be granted by • t e city and continu ing until ail the components o the planned unit development are fully completed. " 1( the construction O-- tne propos2ci planned uni� evelopment is to be in stages, then the components contained in each stage shall be clearly delineated. ;Wk-Subd. 4. Planning Commission Review, - PUD Plan. Upon '. receipt and review of the concept proposal statement and receipt of the apn�lzcation and Z'UD pl.ari, the planning d1 ctor shall refer the PUD plan to other departr en.ts and agencies for review. :•lithin thirty (3U} days after tie receipt of tale written concept- proposal statemrcnt, 'Ull plan and �; - -p- 1 cation, t:ie plannincj dire- cL-o.r !11111 recol,1111cnd m to the plrinning co in.l s:; l.on either. (a) apUr. oval of the pr.opc�: al In the f=orm submitted, or b) ziNproval Wit.j modit_i.cai:lorls, or e) isaf�prc�vaJ.. o The recommendation of the planning director shall Include findings of fact, and shall set forth the reasons for the recommendations specifying wlth particularity in what aspects file plan would or would not be in the public interest, including ut not limited to the following: (r The extent to Which the plan departs from the zoning ordinance, subdivision regula- • t _ons, co.,:prcr:ensive development plan . an ]Cedevelepner.t plan, li any, otherwise applicable to the subject property, in-- C3 uding b' t no t 11 mited to densitl, , hulk ' and use, and the reasons ;Ihv sucn departures are or are not deeraea to be in the public .Interest. (b) The extent to which the plan does or does not make cecuaie provis�orls for public ser- _ vices, vehicular traffic control, air and light, recreation and visual enjoyment. The nature anti e:,:tent of open space, the adequacy oI provision for maintenance and • ° conservation or the. COm Oil open space, and The adequacy or inadequacy of the a,ount and unction of open sa_ace in ter s of - the ensities nrohc seci in the pia (d) The impact, cenefi.cial or adverse, of the planned unit development project upon the llezghborrlood in Lvhi.ch it is proposed to e established. (e) In the case of a plan that proposes develop= ~� merit over. a period of years, the sufficiency o the terns and conditi o is I- -d to protect and I ^aintain the integrity of the )jlan' (f) The relationship of the proposed structures to existing structures, to any red�velonment flan, and to anticipated future development Of the area. ' «ithin forty -live days aftcr receiving the planning director's re'crt, the planning con" mission shall. old a public hearing on the application. w thin - d a , public hec-lrinq , the forty --f tvc day alter t11� -- planl1incf cotti::i_ssion -hall submi -t i.ts r.ecommcndation m C) lncnd ncil. il1e conlnis�ion ay . to the city cull apprUVaj ] -tll or %.jitlloLlt Inodiii- cat'011 OL" 2 C.COillmelld w ' d'^ s p r(6Va)- . `r r O 4TII lb IL �.• • !' � t�- \) \)'((. I,� ri rt rIi' r,• +� t)t.y4�y..'�•. .�1,,� Ta cn LLJ • .•: '.� _ \ _ dam,- �' ` • • yJ +,7 �. , ,� Ll 9 r•` �.. r Vi I Ld U U w w SM Lij m CL •' �� J �T . I ►ti 'tea o ' ` /�yy 77 • �_ _:__ -_ _c. �!: mil.' °�} - -° . .. ... ... ..= 5i _.T' s4. t ..k ilY � "aT + • a .� w ' + • . .r l�• � '�'A- i►hed r '..,w � .�i i} •'. ,a + S, i j N •^ V ,14 " .t J 1 { i tY ti 'vwW I sor � • ; @' ! S•.� � . i ' .. � �. i .�a ' 0 i ^ ` �i � �- i i'i ; ,. e•8 P, ,�.. ,fir I 1 - p. , 1 •-1 f• 0 CITY OF RICHFIELD, MINNESOTA Office of City Manager The Honorable Mayor and Members of the City Council City of Richfield Gentlemen: Council Letter No. 86 Agenda March 14, 1977 Subject: Ordinance Amendment Relating to Human Rights Commission Last month, council members received a letter from the Human Rights Commission in which the commission recommended that the terms for youth members on that commission be established so that the term would expire when the commission member graduates from high school. The city attorney has reveiwed the by -laws and the city ordinance relating to the Human Rights Commission and determined that the term of membership is controlled by Section 12.33 of the city ordinance code. Therefore, any change in the terms • of ,youth members of the commission will necessitate a cnange in that section of the ordinance. The city attorney has prepared an ordinance amendment which would provide that any person appointed as a youth member of the commission who is a high school student shall be appointed only for the time until graduation from high school. A copy of this ordinance amendment and the letter from the Human Rights Commission is attached for council review and consideration. J LW /e j a is Respectfully submitted, J yce Wilde Acting City Manager i AMEND14ENT TO CHAPTER XII, PART III, SECTION 12.23, OF THE ORDINANCE CODE OF THE CITY OF RICHFIELD CITY OF RICHFIELD DOES ORDAIN: Chapter XII, Part III, Section 12.23, of the Ordinance Code of the City of Richfield, relating to a human rights commission, is hereby amended in the following respect: Subdivision 4 thereof is amended to read as- follows: "Subd. 4. Composition of the Commission. The commission shall consist of 10 members to be appointed by the council. Members of the commission shall be appointed for terms of three (3) years, except that (1) any person appointed to fill a vacancy occurring prior to the expiration of the term for which his predecessor was appointed shall be appointed only for the remainder of such term/__7 and (2) any person appointed as a 'youth' member of the commission who is a high school student shall be appointed only for the remainder of any unexpired term for which he was appointed, or until he is graduated from high school, whichever occurs first. Upon the expiration of his term of office a member shall continue to serve until his successor is appointed and shall have qualified. The members of the commission shall serve without compensation and may be removed from office at any time by the council, after a public hearing if a hearing is requested by the member whose removal is being considered." Passed by the City Council of the City of Richfield, Minnesota this day of _, 1977. ATTEST: Thomas Moran, City Clerk • Loren L. Law, Mayor 5 9 rl,�Jj1 x� R 00 CO CM 4* LO Ln CU 0 L rte' i cc L 0 CL 0 0 0LUTIpN Ij M b February 2, 1977 The Honorable Mayor and Members of the City Council City of Richfield Gentlemen: The Human Rights Commission, at their regular meeting of February 1, 1977, discussed youth membership on the Commission. The Commission would like to request the Council to change the Commission By -Laws with regard to the youth members terms on the Commission. The Commission would like to recommend that the youth members term expire upon graduation from high school. It has been our experience in the past that our youth members stay on after graduation but then become committed to a college or work schedule which does not allow them to remain active members. We have also considered the fact that if a youth member would like to stay on as an adult member after graduation, the terms of the commission expire in May and, therefore, that person could be appointed to any vacancy that might exist for adult members. It is our intent that the two present vacancies be filled by youth members. Sincerely, V_' r- � —J, C /3� William Siemers Chairman Richfield Human Rights Commission W S/b 1 telephone: 869 -7521 (612) an equal opportunity employer 13 CITY OF RICHFIELD, MINNESOTA Office of City Manager Council Letter No. 85 The Honorable Mayor and Members of the City Council City of Richfield Gentlemen: Agenda March 14, 1977 Subject: Authorization to Sell Certain City Equipment Police Automobiles Each year the Hennepin County Cooperative Purchasing Organization coordinates two or three auctions to allow the county and participating muni- cipalities to dispose of depreciated vehicles and equipment. The first auction this year is scheduled for Saturday, May 7, 1977. Five Richfield vehicles are scheduled for disposal at this auction. Each of these vehicles are fully de- preciated police automobiles which have been replaced by new model vehicles, • in accordance with the central garage vehicle replacement schedule and pursuant to previous city council authorization. Since auctioning city vehicles through He County auction has proven to be an advantageous method for disposing of depreciated city equipment, it is recommended that the city council authorize the sale of five police vehicles at the May 7, 1977 Hennepin County auction. Police Motorcvcle The public safety department currently possesses a 1969 Harley Davidson police special motorcycle, which is used for park patrol purposes. This vehicle is seven years old and is not well suited for park patrol use since it is a heavy, low slung vehicle, difficult to maneuver, and primarily designed for highway travel. The 1977 central garage budget provides funds for the replacement of this motorcycle unit. Since it is advantageous to the city to maximize the salvage value of this vehicle, it is the recommendation of the city staff that this vehicle be sold through informal negotiations, including advertisement through "want ad ". It is anticipated that sale through such informal negotiations will result in a higher price than we could achieve through the Hennepin County auction, because these auctions concerntrate upon selling automobiles and larger pieces of equipment and consumers interested in purchasing smaller equipment are not attracted to these auctions. 0 Council Letter No. 85 -2- March 14, 1977 Once bids have been received for disposal of the motorcycle and quotations are received for its replacement, the council will be asked to formally approve a purchase in excess of $1 , 000 for acquisition of a replacement motorcycle. JLW /e j a cc: Public Safety Director Public Works Director Administrative Assistant • 0 Respectfully submitted, oyc L. Wilde Acting City Manager 0 CITY OF RICHFIELD, MINNESOTA Office of City Manager Council Letter No. 84 Agenda March 14, 1977 The Honorable Mayor and Members of the City Council City of Richfield Gentlemen: Subject: Presentation of Check to School Board for Outdoor Recreational Facilities at West Junior High Pool Two years ago the city council agreed to participate in the cost of con- structing an outdoor recreational facility adjacent to the swimming pool being constructed at West Junior High School. The amount the city agreed to con- tribute as its share of the cost was $70, 300. • At the February 14, 1977 city council meeting, the council gave second reading approval to a transitory ordinance appropriating the funds for the city's share of the cost of the West Junior High pool. Also at that meeting the council authorized the Mayor and City Manager to execute an agreement be- tween the city and the school district at the time the funds appropriated by the transitory ordinance became available to be spent. (The agreement was pre- pared by the city attorney and is necessary to adequately provide for the transfer of funds) . These monies appropriated by the transitory ordinance are now available and representatives of the school district will be present at the March 14, 1977 council meeting to receive the $70, 300 check for the pool project. It is recommended that the city complete execution of the agreement with the school district at the March 14, 1977 meeting also. This agreement has been approved by the school board. Respectfully submitted, yc L. Wilde Acting City Manager IS JLW /eja cc: Finance Director y t CITY OF RICHFIELD, MINNESOTA Office of City Manager The Honorable Mayor and Members of the City Council City of Richfield Gentlemen: Council Letter No. "83 Agenda March 14, 1977 Subject: Ordinance Amendment Relating to the Permanent Improvement Revolving Fund (PIR) Second Reading On February 14, 1977 the city council gave first reading approval to an ordinance amendment relating to the permanent improvement revolving fund. The purpose of this ordinance is to expand the way in which PIR • funds may be used by the city and the HRA to accomplish interest payment savings in both public improvements and redevelopment projects. The proposed ordinance amends the PIR fund ordinance so that the city council may make temporary use of these funds for projects of the HRA as well as the public improvement projects. It is recommended that the city council give second reading consider- ation to this proposed ordinance amendment, of which a copy. is attached. JLW /e j a cc: Finance Director Respectfully submitted, 90yce �LW�ilde� Acting City Manager F AMENDMENT TO CHAPTER XII, • PART II, SECTION 12.18, OF THE ORDINANCE CODE OF THE CITY OF RICHFIELD CITY OF RICHFIELD DOES ORDAIN: Chapter XII, Part II, Section 12.18, of the Ordinance Code of the City of Richfield, relating to the permanent improvement revolving fund, is hereby amended in the following respect: Subdivisions 3 and 4 thereof are amended to read as follows: "Subd. 3. Disposition of Funds. The monies in said fund shall be used only as directed by resolution of the city, and [solely] for the purposes of (1) advancing to local improvement funds the cost of improvements for which assessments are to be levied[.] and (2) providing interim financing of capital expenditures for projects of the city's housi:-r n redeve= onment authority. X11 such monies so furnished shall be restored ,•7hen and as sutficient monies are received in said improvement funds, or ?permanent project financing has been obtained, as the case may be, with interest at a rate of not less than • five percent per annum during the time for which such monies have been so furnished. . "Subd. 4. Investment When Permitted. Whenever there shall be monies in said fund not immediately needed for [local improvements] the purposes set forth in subdivision-3 of this section, such monies may be invested under the direction of the council in any securities authorized for investment of municipal sinking funds by applicable law." Passed by the City Council of the City of Richfield, Minnesota this day of ATTEST: Thomas Moran, City Clerk 1977. Loren Law, Mayor CITY OF RICHFIELD, MINNESOTA Office of City Manager Council Letter No. 82 Agenda March 14, 1977 The Honorable Mayor and Members of the City Council City of Richfield Gentlemen: Subject: Second Reading of Ordinance Amendment Establishing Compensation for Mayor and Council Members At the January 10, 1977 city council meeting, the council gave first reading approval to an ordinance amendment establishing compensation for the mayor and council members. This amendment provides for a five percent increase in salary, which would increase the mayor's salary from $5,400 to $5, 670 per year and the council members salary from $4, 020 to $4, 2.21 per year. Second reading consideration of this ordinance amendment is scheduled for the March 14, 1977 city council meeting. JLW /eja U Respectfully submitted, yc L. Wi e Acting City Manager 0. CODE SECTION AN ORDINANCE AMENDING IT EL DCECOMPENSATION 12.02 SUBDIVISION 1, E OF MAYOR AND COUNCIL MEMBERS" CITY OF RICHFIELD DOES ORDAIN: Ordinance Code 12.02, Subdivision 1, entitled, "Compensation of Mayor and Council Members" is hereby amended to read as follows: "Subdivision I. Annual Salary. The annual salary of the Mayor is [$5,400] $5 and the annual salary for each member of the council is [$4,020] S4� to be effective 30 days after its publication. Salaries of such officers shall be reviewed by December of each year." • Passed by the City Council of the City of Richfield this of 1977. ATTEST: City Clerk Thomas J. Moran N Loren L. Law Mayor F CITY OF RICHFIELD, MINNESOTA Office of City Manager Council Letter No. 81 Agenda March 14, 1977 The Honorable Mayor and Members of the City Council City of Richfield Gentlemen: Subject: Authorization for Purchase in Excess of $1,000 At the council meeting of November 8, 1976 the city council approved plans and specifications for City Project No. 700, construction of a storm sewer drainage project in the area of 73rd Street and Colfax Avenue. Council members may recall that the construction work was to be done through purchase orders with the total estimated cost of the project to be approx- imately $14,400. At the time of ordering the project, the public works director advised the council that several authorizations for purchases in • excess of $1 , 000 would be required to complete construction of the project. On November 8, 1976, the first purchase order with Alexander Construction Company was authorized in the amount of $3,945 for the lift station, catch basins and piping. Quotations have now been solicited and received for the purchase of two pumps. The proposal submitted by Waldor Pump and Equipment Co. in the amount of $4, 965 meets the requirements of the project specifications for the pumps. Quotations have also been solicited and received for purchase of the control panels. The proposal submitted by Edison Controls, Inc. in the amount of $2,490 meets the requirements of the specifications for the control panels. It is the recommendation of the Acting Public Works Director and the consulting engineers, in which I concur, that the city council authorize a purchase agreement with Waldor Pump and Equipment Co. , in the amount of $4,965 for purchase of the two pumps, and with Edison Controls, Inc. in the amount of $2,490, for purchase of the control panels for City Project No. 700. Respectfully submitted, • y . Wilde Acting City Manager JLW /eja CITY OF RICHFIELD, MINNESOTA Office of City Manager The Honorable Mayor and Members of the City Council City of Richfield Gentlemen: Subject: Appointments Council Letter No. 80 Agenda March 14, 1977 Certain appointments remain to be made by the city council. Following is a list of those appointments with terms of office indicated: Human Rights Commission • Two appointments are necessary to fill a three year term which will expire May 27, 1977 and a three year term which will expire May 27, 1979. Attached are copies of applications from Brenda Olsen and David Young who have expressed an interest in being appointed to this commission. Advisory Youth Commission Two three -year adult terms which expire June 1, 1979 still remain to be filled. No applications have been received for appointment to this commission. Respectfully submitted, oyce �LW�ilde Acting City Manager JLW /eja /V. CITY OF RICHFIELD APPLICATION FORM FOR INDIVIDUALS DESIRING TO SERVE ON MUNICIPAL ADVISORY COMMISSIONS OR COMMITTEES _7 1. Committee or commission for which application is being made --U(Nf rA �wh�s 2. Name 3. Residence address r Pl�L No . Street City Phone 4. Business address _ I Name of employing agency Address Position Held S. Date of birth _ � .N% , Cu4 I qc;n Month Date Year 7 6. Local organizational memberships and affiliations: a. b. joy C. • Briefly discuss aspects of your experience which you believe qualify you for this Municipal Committee and nwhy you are interested in serving. 0 91 List the names of three persons who are thoroughly acquainted with your qualiricaLions Name Occupation Address Phone 1. BC5, h n cicr, 2. 3. ni Signature of applicant? �- �,', &/1- e,k . i CITY OF RICHFIELD APPLICATION FORM FOR INDIVIDUALS DESIRING TO SERVE ON 0 MUNICIPAL ADVISORY COMMISSIONS OR COMMITTEES i 1. Committee or commission for which application is being made ' 2. Name 3. Residence address (o'10 J No. Street 4. Business address 5. Date of birth C:V t Name of employing agency I Month Date Local organizational memberships and affiliations: ty Address a m o n-,,-641 b. 4 MUM Ito- Phone Position Held l0 Year Briefly discuss aspects of your experience which you believe qualify you for this Municipal Committee and why you are interested in serving. W , , KK 8. Li. t the r%mes of three persons who are thoroughly acquainted with your qualifications 1. Name Occupation Address Phone 9. Signature of applicant y • CITY OF RICHFIELD, MINNESOTA Office of City Manager Council Letter No. 79 Agenda March 14, 1977 The Honorable Mayor and Members of the City Council City of Richfield Gentlemen: Subject: Ordinance Amendment Relating to Providing . Parking Facilities for the Handicapped The public safety department over the past few months has been attempting to encourage owners of commercial developments within the city to provide parking spaces for handicapped citizens. The state building code requires such handicapped parking provisions for new or remodeled commercial development areas, and a number of property owners, including the City itself, have provided parking facilities specifically reserved for handicapped citizens. However, the City currently has no ordinance to enforce violations of these restricted parking areas. The public safety department in cooperation with the city attorney and the Senior Citizen - Handicapped Commission, have developed a proposed ordinance which would provide authority for the City to enforce parking within these restricted handicapped areas. A copy of this proposed ordinance is attached for council review. It is the recommend- ation of the Public Safety Director, in which I concur, that the council give consideration to adoption of this proposed ordinance. Respectfully submitted, J ce . Wilde Acting City Manager J LW /e j a cc: City Attorney Public Works Director Community Center Coordinator L� AMENDMENT TO CHAPTER IX, SECTION 9.03 OF THE ORDINANCE CODE OF THE CITY OF RICHFIELD CITY OF RICHFIELD DOES ORDAIN: Chapter IX, Section 9.03 of the Ordinance Code of the City of Richfield relating to the parking and stopping of vehicles is amended by adding to subdivision 2 thereof paragraph (4) to read as follows: "(4) No person shall park, obstruct or occupy with a motor vehicle any parking space, on public or private property, designated and posted as parking for handicapped persons pursuant to the State Building Code unless the vehicle has prominently displayed upon it insignia or certificate issued by_ the Division of Motor Vehicles in the • State Department of Public Safety pursuant to Minnesota Statutes, Section 169.345 (3)." • Passed by the City Council of the City of Richfield, Minnesota this day of ATTEST: 0 City Clerk Mayor 1977