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09-13-76 agendaCITY OF RICHFIELD, MINNESOTA Office of City Manager Council Letter No. 286 Agenda. September. 13,.;1976 The Honorable Mayor and Members of the City. Council City of Richfield Gentlemen: Subject: Approval of Plans and Specifications and Authorization - to Advertise for Bids on Trailways at Taft Park In early `1976, the city council authorized application by the City of Richfield through Hennepin County for Community Development Block Grant funds. Included in the request for fiscal year 1976 - 1977, Community • Development funding was $10, 000 for construction of pathways or trails at Taft Park. It is 'anticipated the 1976-77 Community Development Block Grant will be awarded approximately October 1, 1976. The city staff has prepared plans and specifications for asphalt work to widen some of the existing multi-.purpose pathways in Taft Park and to add additional pathways These plans andi, specifications are now complete. It is recommended, that the city council approve the plans and specifi- cations and authorize advertisement for bid as per the attached resolution. Re p tfully su it d , Wayne S. Burg_graaff City Manager WSB/bll cc: Park and Re tion Director ,.A RESOLUTION NO. APPROVAL OF FINAL PLANS AND SPECIFICATIONS AND AUTHORIZATION TO ADVERTISE FOR BIDS FOR PATHWAYS AT TAFT PARK WHEREAS, City Project No. 687, TAFT PARK II, has been established to include such construction features as improved pathway systems, and WHEREAS, the city council approved Bill.No. 1975-11 appropriating $25, 000 in funding for this project, and WHEREAS, the city council has authorized the city staff to make application for Community Development Block Grant funding for the 1976-1977 fiscal year to include an additional $10,000 appropriation to City Project No. 687, and WHEREAS, the city staff has completed preparation of final plans and specifications for the improved pathways at Taft Park and presented same for city council approval, NOW, THEREFORE, BE IT RESOLVED by the city council of the City of Richfield, Minnesota, as follows: 1. That such plans and specifications are hereby approved. 2. That the city staff is hereby authorized and directed to call for bids on said improvements as may be required by the Community Development Block Grant or any other applicable law. Passed by the city council of the City of Richfield this 13th day of September, 1976. Loren L. Law Mayor ATTEST: Thomas J. Moran City Clerk I Ir7 !3 ?Y CITY OF RICHFIELD., MINNESOTA Office of City Manager Council Letter No. 285 Agenda September 13, 1976 The Honorable Mayor and Members of the City Council City of Richfield Gentlemen: Subject: Ordinance Amendment Regulating Bingo 'his year the state legislature passed a law which gives municipalities much more authority over the regulation of bingo activities than did the former statute. The city attorney has reviewed the new legislation and is of the opinion that it is necessary for the city to revise our ordira nce in order to take into account the provisions of the new statute. A copy of a proposed ordinance revision is attached for your consideration. This item is included as a discussion item on the September 13 city council agenda so that the council will have an opportunity to review the rather sub- stantial changes before scheduling a first reading of the proposed ordinance. Respectfully sub 'tted, Viatlut S:. 66 Wayne S. Burggraaff City Manager WSB/eja cc: City Attorne City Clerk Public Safety Director I• y ?Y AMENDMENT TO CHAPTER V, PART II, SECTION 5.19 OF THE ORDINANCE CODE OF THE CITY OF RICHFIELD CITY OF RICHFIELD DOES ORDAIN: Chapter V, Part II, Section 5.19 of the Ordinance Code of the City of Richfield relating to the licensing and play- ing of bingo is hereby amended to read as follows: 5.19 Bingo Subdivision 1. Definitions. The following terms shall have the meaning given to them by Minnesota Statutes, 1976, Section 349.1.2: (1) Active member (2) Bingo (3) Bingo occasion (4) Checker (5) Lawful purpose (6) Organization (7) Profit (8) Bingo manager Subd. [1] 2. License Required. Any [association] organ- ization authorized to apply for a bingo license [conduct the game of bingo] pursuant to Minnesota Statutes, .[Section 349.03] 1976, Chapter 349, shall apply to the clerk for a license before conducting the game of bingo within the city. Bingo may not be conducted until the license is issued. .Subd.'[2] 3. Application. Application shall be made on forms prepared for that purpose by the city clerk. Applications shall be verified by a duly appointed officer of the organization and [signed] by t'_ze person "designated by the organization as bingo manager [conducting, operating and managing the game). Applications shall state the dates for which permission to play the game is requested and the place where the games will be played. The city clerk may require additional information on the application for the purpose of carrying out the provisions of this section. Subd [3] 4. Change in [Association] Or anization officers or Bingo Manager. If during the period for which the license is issue there is a change in the officers of the [association) organization, or in the person designated to act as bingo manager, a new application disclosing such change must be made and filed with the city clerk. 0 Subd. [4) 5. License Fee and License Year [There is no license fee] The annual license tee s a 1 be $ The annual license shall run from January 1 to December 31 of the year. Subd. 6. 3n A . (1) At the time of filing the application, the designated bingo manager shall file with the city clerk a bond with corporate surety duly licensed to do business in the State of Minne- sota. Such bond shall be in the amount of $10,000..00 and shall be subject to approval by the city attorney as to form and execution. The bond shall run in favor of the organization conducting the bingo activity and e.onditioned as follows: (a) The designated bingo manager will obey all ordinances and statutes relating to the licensed activity. (b) The designated bingo manager shall fully and fait},fully perform his duties. (c) The bond may not be cancelled for any reason without the written consent of the citX and then only after at least 30 days written notice of intention to cancel (2) ' The city council may upon unanimous vote waive the bonding requirement. If waived, the license shall state that it is issued with a waiver of surety bond. (3) Should there be any change in the designated bingo manager during the license year, the new bingo manager shall, before assuming his duties, comply with all of the bond requirements of this subdivision. Subd. [5] 7. Approval and Issuance of License The application shall be referred to the [city police de- partment) Police and fire divisions of the Public Safety Department, to the inspection division of the Public Works Department and to such other persons or departments as the city manager shall deem appropriate for invest- igation and recommendations. The application shall thereupon be returned to the city manager who shall note his. own recommendations.and comments thereon. The appli- cation shall be then presented to the council for final • approval or denial. The council may not act on the application until at least 30 days after it has been submitted in completed form; and must act within 180 days of submission. Subd. 8. Conditions Governing Issuance. The following conditions govern the issuance of licenses pursuant to this section: (1) [The licensee shall not conduct the game on any date nor at any place other than those dates and places enumerated in the application] No license shall be issued'to an organization whose desi.q- nated manager, or any organization officer, has been convicted by any court of competent juris- diction of any, offense which relates to the competency of the designated manager or the organ- ization to perform the licensed activity. (2) [No game of bingo shall be played more than twice a week on the same premises, nor for a period longer than four hours on any one day nor beyond the calendar year during which the first date covered by the license is played.] Licenses shall be issued only upon applications which are complete in every respect and-have been accompanied by the payment of the annual license fee and filing of the bingo manager's surety bond. (3) [Bingo may be. played only in the hall where regular meetings of the association are held unless otherwise permitted by the council..] [(4)] No license shall be issued to any (associ- ation] organization unless such [association] organization has existed in the city for at least [two] three years prior to the date of appli- cation. This restriction shall not apply if the [association] organization making appli- cation is, or is a subsidary of, any reliaions, charitable or fraternal oraanization.of national or statewide jurisdiction which has been in existence [in excess of two] at least three years. (4) No license shall be issued to any organization which does not have, on the date of application, at least 30 active members. (5) No license shall be issued to any organization whose designated bingo manager is not a member in good standing of the organization and who has not been a member for at least two years prior_ to the date on which application is made. [(5) The game of bingo shall not be operated or played by any person under the age of eighteen years'except when such. person is accompanied by his parent or guardian.] (6) No license shall be issued permitting • bingo to be conducted in any district of the city other than commercial district. [(6)) 7. [The game of bingo may be conducted only by members of the licensed association. No member shall receive compensation of any kind for his services in conducting the game in excess of the compensation provided by State Law, and no person shall assist in oper- ating the game unless he has been and is a member of the spouse of a member in good stand- ing of the association for at least one year.]: No organization may be licensed to conduct bingo on any leased premises without a written lease for a term at least equal to the term of the bingo license sought. Lease payments shall be at a fixed monthly rate or rate per bingo occasion, not subject to change during the term of the lease No such lease shall provide that rental payment be based on apercentage of receipts or profits from bingo occasions. Subd. 9. Conditions Governing Conduct of Bincro (1) The bingo manager shall not be the bingo manager for any other organization. (2) No compensation shall be paid to any person in connection with a bingo occasion except an active member of the organization, or its auxiliary, or the spouse or surviving spouse of an active merrtter, conducting the bingo occasion nor shall any person not an active member of the organization or its auxillary or the spouse or surviving spouse or an active member participate in the conduct of a bingo occasion, except by resolution of a majority of the membership recorded in the official minutes of the organization. Non-nar_agenent- assistants who are not active members of the organization, or its auxillary, or the spouse or surviving spouse of an active member, may be hired to assist members in conducting the bingo occasion. Compensation shall not exceed $12.00 per bingo occasion. _(3) Unless the city council shall so provide in the license, no more than 104 bingo occasions each year or two bingo occasions per week may be conducted by the organization. No bingo occasion shall continue for more than four consecutive hours. • (4} Anderson or corporation, other than an organi- zation, which leases any premises that it owns to two or more organizations for purposes i.n- cluding the conduct of bingo occasions, shall not allow more than four bingo occasions to be.. conducted on the premises in any week. (5) Any organization which leases any premises to one or more other organizations for purposes in- cluding_ the conduct of bingo occasions shall use the proceeds of the rental, less reasonable sums for maintenance, furnishings and other necessary expenses, only for lawful purposes as defined in Minnesota Statutes, 1976, Section 349.12. At the end of each license year the organization shall report to the city clerk the disposition of all receipts which it has received during the license period from the rental on its facilities to other organizations for purposes including the conduct of bingo occasions. (6) Prizes for a single bingo game shall not exceed $100.00 except for prizes for a game of the type commonly known as a "cover-all" game which shall in aggragate value not exceed $500.00. The aggragate of prizes for a bingo occasion shall not exceed $2,500.00, except that when the bingo occasion includes a "cover-all" game, the aggragate of prizes shall not exceed $3,000.00. Merchandise prizes shall be valued at fair market retail value. (7) No expense shall be incurred or amounts paid in connection with the conduct of bingo, except those reasonably expended for bingo supplies and equipment, prizes, rent, or utilities used during the bingo occasion, bingo license fees, taxes related to bingo and conpensation to active members who conduct the game. (8) Each bingo winner shall be determined and every prize shall be awarded and delivered the same day on which the bingo occasion is conducted. (9) All bingo occasions shall be under the direct supervision of the designated bingo manager who shall be responsible for gross receipts an prof its from bingo and for the conduct---o-f--the bingo occasion in compliance with all applicable statutes and ordinances. • (10) Bingo shall not be conducted on dates or at places. other than those dates and places enumer- ated in the application. (11) Bingo may be played only in the hall where regular meetings on the organization are held unless otherwise permitted by the council. (12) Bingo shall not be played by any person under eighteen years of age unless accompanied by his parent or legal guardian. Subd. [7) 10. Recording Players and Receipts. (Each association permitted to play bingo shall keep a perm- anent record containing the names and addresses of all winners of prizes of a value of one hundred dollars or more and the dates when such prizes were awarded.) One or more checkers shall be engaged for each bingo occasion. The checker or checkers shall record the number of cards played in each game prior to the completion of each game and record the prizes awarded to the recorded cards. Each checker shall certify all figures which he has recorded as accurate and correct to the best of his knowledge. This record shall be kept on file by the • association within the city and shall be open to inspec- tion by city police officers. Subd 11. Records Each organization shall keep records of its gross receipts and profits for each bingo occasion. Gross receipts shall be compared to the checker's records for the bingo occasion by a person who did not sell cards for the bingo occasion. All deductions from gross re- ceipts or other records. The distribution of profits be itemized as to payee, amount and date of pay- shall _ ment. Binao dross receipts shall be segregated from other revenues of an organization and placed in a separate account Each organization shall maintain, separate records of its bingo operations. The person who accounts for bingo gross recei2ts and profits shall not be the same person who accounts for other revenues of the organization Records required to be kept by this ordinance and by Minnesota Statutes, 1976, Chapter 349 shall be preserved for at _least three years. Licensees shall make their bingo records available to the police department at any reasonable time and after proper notice. :7 0' • Subd. 12. Reports and Applications. (1) If any discrepancy is found between the amount of gross receipts for a bingo occasion as de- termined by the ckecker`s records and the amount of gross receipts as determined by totaling the cash receipts and the discrepancy exceeds $20.00, the discrepancy shall be reported to the city clerk within five business days of its discovery. (2) An organization shall report monthly to its membership gross receipts from bingo, its profits from bingo and the distribution of those profits itemized as required by subdivision 11 of this Section. (3) At least 30 days prior to conducting its first bingo occasion of the license year, an organi- zation shall. file with the city clerk copieso f the following: a. Department of the Treasury, Internal Revenue Service, "Return of Organization Exempt from Income Tax," For 990, or a comparable form if the organization is required to file the form with the Department of the Treasury; b. Department of Treasury; Internal Revenue Ser- vice, "Exempt Organization Business Income Tax," Form 990-T, or a comparable form if the organization is required to file the form with the Department of the Treasury;_ d. The annual report required of charitable organizations by Minnesota Statutes 1974 Section 309.53, provided that an organization that conducts bingo but is exempt from submitting this report to the Department of Commerce under section 309.53, subdivision la, shall nevertheless submit such a report under this subdivision; d. The Minnesota Department of Commerce "State- ment of Bingo Operations." All information contained in the statement shall be true, correct, and complete to the best of the knowledge of the person or persons signing the statement. Any person who shall knowingly make a false statement or knowingly conceal a material fact in the statement shall be ?. subject to the penalties provided in sub- division 14 of this Section. e Any lease agreements required by this ordinance executed by the organization in regard to premises leased for the conduct of bingo, Subd. 13. Revocation or Suspension of License. TFie lice nse may e revo e or suspen e y e city manager whenever the licensee, its owners, directors, bingo manager, or employees or agents have engaged in any of the following conduct: (1) Fraud, deception or misrepresentation in connection with the securing of a license. (2) Conduct inimical to the interests of public health, safety, welfare or morals. (3) Conduct involving moral turpitude. (4) Conviction for an offense involving moral turpitude or relating to the conduct of the licensed activity. (5) Failure to promptly comply with any of the re- quirements on this ordinance or state laws re- lating to bingo. (6) Engaging in activity, action or change which would have disqualified licensee from obtain- ing a license. The matter shall then proceed as provided in Richfield Ordinance Code 5.14 Subdivision 4. Subd. 14. Penalty. Any alleged violation of the provis_ ions of this section which shall also constitute a vio- lation of the provisions of Minnesota Statutes, 1976, Chapter 349 shall first be presented to Ehe o_fice of the Hennepin County Attorney for prosecution of a gross mis- demeanor. In any instance where the county attorney shall decline, for any reason to prosecute the alleged violation, and in all other cases involving alleged violations of this section the matter shall be pre- sented to the city attorney for prosecution as a mis- demeanor." Subd 15. Existing Licenses. All licenses heretofore issued shall terminate upon the effective date of this ordinance. An organization whose licenses is termin- ated must cease conducting bingo not later than twenty days thereafter unless within that period it makes application as above provided. If application is made . the organization may continue to conduct bingo until the council shall act upon the application and thereafter if a license is granted. Subd. 16. Exemptions, Bingo can be conducted without a bingo license i conducted: (1) In .connection with a county fair conducted by a county agricultural society or assocs- ation, the state fair conducted by the state agricultural society, or a civic celebration recognized by resolution or other similar action by the cif council provided that bingo is not conducted more than twelve con- secutive days in any one.calenday year, or (2) By an organization which conducts less than five bingo occasions in any calendar year. Passed by the City Council of the City of Richfield, Minnesota this . day of , 1976. Loren Law, Mayor ATTEST: Thomas Moran, City Clerk 9 CITY OF RICHFIELD, MINNESOTA Office of City Manager Council Letter No. 2,84 Agenda September 13, 1976 The Honorable Mayor and Members of the City Council City of Richfield Gentlemen: Subject: Revising the Richfield Sign Ordinance At the August 9, 1976 city council meeting, city staff was instructed to investigate the time required and the work activities involved in a sign ordinance revision. it is the feeling of the staff that considerable time would be saved if the proposed sign ordinance revision completed in 1972 were utilized Staff proposes that a committee of individuals representative of the interests involved be formed. This committee should have representatives from the sign?'industry, local businessmen an environmentalist and an architect. I 'would recommend that the following people be appointed to the sign committee: Craig Lofquist - Naegele Outdoor Advertising Donald Erickson, representative of National Electric Sign Contractors Toni Doherty - Doherty Furniture and Carpet Company George Johnson, environmentalist and Richfield resident Bob Nelson, architect Planning commissioner, to be appointed by Chairman of Commission City cou?cil member Bill Schlegel -.former member•of 1972 .committee The following is a list of tasks this committee would be. involved in and the amount of time staff feels is necessary to complete each task: FIRST MONTH i 1. Organize committee A. Establish goals and objuctives B. Become familiar with sign ordinances and sign legislation Council Letter_No. 284 -2- September 13, 1976 SECOND MONTH - 2. Review of existing sign ordinance THIRD AND FOURTH MONTHS 3. Review of proposed sign ordinance revision completed in 1972 A. Determine if this document is consistent with the established goals and objectives B. Make changes in this document as needed C. Complete first, draft FIFTH MONTH 4. Refer first draft to other city departments and interested parties A. Review comments and make any revisions 5.. Hold planning commission public hearing on the :proposed sign ordinance revision A. Review comments and make any revisions SIXTH MONTH 6. Present proposed sign ordinance to city council A. City council adopts new sign ordinance • r These committee work tasks and time involved are tentative., but are representative' of the level of detail required fora comprehensive sign ordinance revision using; the proposal formulated in 1972. Respectfully submitted, Wayne S. Burggraaff City Manager WSB/eja cc: Planning Director r l CITY OF RICHFIELD, MINNESOTA Office of City Manager Council Letter No. 283 Agenda September 13, 19,76 The Honorable Mayor and Members of the City Council City of. Richfield Gentlemen: Subject: Noise Barriers Along the joint 62nd Crosstown- 35W Expressway The Minnesota Highway Department has requested that the city council adopt a resolution approving preliminary plans for the construction of noise barriers at specific locations along a joint section of the 62nd Street Crosstown 35W Expressway within the City of Richfield. The Minnesota Highway Department has conducted two public meetings to • acquaint affected Richfield residents with this proposed improvement, and to receive comments from the residents. The proposed locations of the noise barriers (shown on the attached plan) which are recommended by the Minnesota Highway Department reflect the desires of the majority of the residents as indicated at the public hearings. It is the ii barrier walls d design of this of the walls. It is recomm resolution approi council meeting. tion of the Minnesota Highway Department to construct the noise g the 1977 construction season. Before preparing the final ect it is necessary for the city council to approve the location ?d that the city council make a determination and adopt a the appropriate wall locations at the September 13, 1976 city Respectfully submitted, J . Wayne S. Burggraaff City Manager cc: Public Work Director RESOLUTION NO. • RESOLUTION APPROVING PRELIMINARY PLANS FOR THE IMPROVEMENT OF A PART OF TRUNK HIGHWAY NUMBER 394 RENUMBERED TRUNK HIGHWAY NUMBER 35W WITHIN THE CORPORATE LIMITS OF THE CITY OF RICHFIELD FROM THE ' E. JUNCTION CSAH 62 TO W. JUNCTION CSAH 62 - NOISE ABATEMENT BARRIERS 315 - S. P. 2782-167 Clerk's File No. WHEREAS the Commissioner of Highways has prepared preliminary plans for the improvement of a part of Trunk Highway. Number 394 renumbered as Trunk Highway' Number 35W within the corporate limits of the City of Richfield from the East Junction CSAH 62 to the West Junction CSAH 62; and WHEREAS said preliminary plans are on file in the office of the Department of Highways, Saint Paul, Minnesota, being marked, labeled, and identified as SP 2782-167 (I-35W) from E. Jct. CSAH 62 to W. Jct. CSAH 62, Preliminary Plans for Noise Abatement Barriers to be constructed of wooden planking; and WHEREAS copies of said preliminary plans as so marked, labeled, and identified are also on file in the office of the City Clerk; and WHEREAS the term "said preliminary plans" as hereinafter used in the body of this resolution shall be deemed and intended to mean, refer to, and to in- corporate the preliminary plans as in the foregoing recitals particularly identified and described. • NOW, THEN, BE IT RESOLVED that said preliminary plans for the improvement of Trunk Highway Number 394 renumbered Trunk Highway Number 35W within the limits of the City of Richfield be and hereby are.approved. Passed by the City Council of the City of Richfield this 13th day of September, 1976. Loren L. Law Mayor ATTEST: Thomas J. Moran City Clerk - • w ooCJD" ???? I• R i i • • V -I O O N CD a z 0 N m m A Et•u, •K ---_ , «•>xsvFF aK 1 ,Ybl<[FT M. EHEN w[. ,xdu, •K. WEF?E•F w[. N,rtLL wf pRtx •vf nxx •vE arvt! •vc. aw.,F we Eww .K. .doE ,ar. Fn?x6 aV[. xuNd.DT •K. EM•FO •K. IFE«Pn wE. E«Frtadl wE. -T •K. C0.N! •vE. .-T ME 4lFitx M E.xauE wc. wvrcED •K. «MFrI M. IEE•T,xT M. _ nutuFV •K. «[«TFwrx avE ??a?,a •K. .„ wf. ,TfKF> ,K. <E.n<F w< mF •vf. nrm«m M I•Fx M. f CM.crA M. .,?..KYl. tEEWFK,W avf. nn M. tlA M <EONt, M. ?/?J.? ,lF,.LEId. M. tOn ? t. x •K. n•xdax •v!. t, n aK. u w •rf. Y Y s r X s Y a " s Y • Y t y , Y `+' V t Y s S a i a R s L s i t T s i ` t R R a R a a a a x x ? a ? a ,. R i , 8q zftzn wE. «pxA,lx NE. 777-? -- LI JJJ .fxx M. m o J C ?LJ OOC TIWb M. C?'' ?_ MHRNMx wE. ?? ?1 FV{Hlt •K. a?KF ,K. ?C??o FC«Idl •K. ?'' F<FE•x •K. 'uF-? Eaa•x wE. I?O? 'V°5p11 .FOZ M. F6 M. ?=F? -T ,vf. O •K. - IECFMT lvE cr{? i a ? drdi, ,K. All. ?? C?oO • i Jo i o i ... -.•K. n.F " M • w•rs<fu wE Jo o? F,da.lT wE o Oo € . ,. •K o Do „fK.e .,E g$ ??? ' WFTWf •K J . 7L- ? ? fn fvE. C?OOuuC?C7C?oC?oD?I mZ d,<.w wt 100000000000 , ' ? EEd.T •K C?oC7ooo rE,?? 000o 5- ."' p„ •000000?000?? ,,,, .Y !oo?? loo IOOC?oICC?oo E fi?f?C-JU?f- a a a ti a a a z m .OPZ o o T s.$ 3 D L^. 3 Z x 'O z n O f' ?Y ]OD o JC?? . IE1L _, r m L ti C?OOC? OCl 0000 - 00 CJOC?F_??CJO C7o 00?000000? C?o?(n(G?ii ??oC o0???.7?oor, I oo?oo? „q.wf I _ oC? Coooo? k,o„„?„„ M lO?oo 000 ?? „? .K lof?C?C? CIC?o , _ ?d .K tto.F •K. It F, J P E:1 CJoCI ?----? ` ? wdax R a a ?II? 1TT1 ' pN •K. n -' n A p \aP/?\?a //. 1 CITY OF RICHFIELD, MINNESOTA Office of City Manager Council Letter No. 282 Agenda September 13, 1976 The Honorable Mayor and Members of the City Council City of Richfield Gentlemen: Subject: Barricades for Block Party Mr. Leo jolly, 348 Apple Lane, has requested permission to barricade Apple Lane at 66th Street and 3rd Avenue, between the hours of 3:00 p. m, and midnight, on Saturday, September 25, 1976 for the purpose of holding a block party. Mr. Walter Hallock, 6909 Thomas Avenue, has requested that Thomas Avenue be barricaded between 69th Street and 70th Street between the hours of 2:00 p.m. and 9:00 p.m. on Saturday, September 25, 1976, for the purpose of holding a block ,party. The only stipulations attached to these requests would be that the city erect the barricades and !!warning devices in such a way so as to permit the ingress or egress of emergency vehicles should be necessary during the time of the block parties. WSB/eja cc: Public Safety ] Public Works ] Respectfully submitted, Wayne S. Burggraaff City Manager ?ire ctor drector CITY OF RICHFIELD,- MINNESOTA Office of City Manager Council Letter No.> 281 Agenda September 13, 1976 The Honorable Mayor and Members of the City Council City of Richfield Gentlemen: Subject: Discussion of. City Use of School. District Swimming Pools At the August 23, 1976 city council meeting the city council requested that I arrange a joint. meeting with members of the school board to discuss general community use of school district swimming pools. The purpose of this letter is to confirm some possible dates for such a meeting. Because of the very serious impact which city operation of the West junior High Pool had on the 1976 operating budget, I believe, that it is important that the city council discuss this matter before meeting with the school board. Therefore, this matter has been listed as a discussion item on the September 13, 1976 city council agenda. Respectfully submitted, opt " Wrayne S. Burggraaff City Manager WSB/bll cc: Park and Recreation Director CITY OF RICHFIELD, MINNESOTA Office of City Manager Council Letter. No. 280 Agenda September 13, 1976 The Honorable Mayor and Members of the City Council City of Richfield ` Gentlemen: Subject: Approval of Final Plans and Specifications and Authorization to Advertise for Bids for Redevelopment of Fremont Park Tot Lot This summer, city staff, park and recreation advisory commissioners and neighbors in the vicinity of Fremont Park have held several meetings to discuss and prepare a plan for the improvement of Fremont Park. Eased on these meetings, final plans and specifications have been prepared; and approved by the neighbors and the park and recreation advisory commission. A major consideration during the preliminary planning was the funding which might be available for the park improvements. Council members may recall that $10, 000 of revenue sharing monies was allocated in 1973 for improvements at Fremont Park. The park-and recreation advisory commission earlier in 1976 recommended that $10,000 for Fremont Park improvements be included in the community development block grant application. This project was included in the final 1976/1677 community development block grant application authorized by the city council February 9, 1976. The final plans and specifications do include the entire $20,000 appropriation. Portions of the project could be completed with the existing revenues, prior to receiving the community development grant monies. The recommended schedule calls for construction to begin by October 1, 1976. It is recommended that the city council take the following actions through the attached res ilution: 1. Approve the final plans and specifications for redevelopment of the Fremont Park Tot Lot. 2. Authorize the advertisement for bids for construction of the park improvements . Respectfully submitted, cc:. Finance Director Park and Recreation Dir. Wayne S. Burggraaff City Manager RESOLUTION NO. 0 APPROVAL OF CONCEPT PLAN FOR FREMONT PARK, APPROVAL OF FINAL PLANS AND SPECIFICATIONS AND AUTHORIZATION TO ADVERTISE FOR BIDS FOR FREMONT PARK TOT LOT WHEREAS, the city council has ordered City Project 665 for the redevelopment of Fremont Park, and WHEREAS, the concept plans for Fremont Park are hereby complete and approved by the Fremont Park Neighbors and the Park and Recreation Advisory Commission, and WHEREAS, it is the desire of the city council, the city staff, and the city residents to have said neighborhood tot lot, NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Richfieid, Minnesota as follows: 1. That the concept plans for Fremont Park are hereby approved. 2. That the final plans and specifications for Fremont Park as prepared by the landscape architect are hereby approved. 3. That the city clerk is hereby authorized and directed to advertise for bids were applicable as required by the terms of the Community Development Block Grant, the Revenue Sharing Program and as required by law. Passed by the city council of the City of Richfield this 13th day of September, 1976. Loren L. Law MAYOR ATTEST: Thomas j. Moran City Clerk CITY OF RICHFIELD, MINNESOTA • Office; of City Manager Council Letter No. 279 Agenda September 13, `1976 The Honorable Mayor and Members of the City Council City of Richfield Gentlemen: Subject: Traffic Control Requests The traffic control committee met on Monday, August 30; to review pending requests for traffic controls. Minutes of that meeting are attached to this council letter in accordance with appropriate city policies: Based on a review of these requests, the committee makes the following recommendations and the reasons therefore: 67th & 10th - A two-way stop sign be installed to stop traffic on 10th Avenue at 67th Street. 77th & Logan - The request for two-way stop signs be denied. 64th & 20th and 65th & 20th - The request for two-way stop signs stopping 2Oth Avenue traffic at these intersections be denied. "No Parkingi 8 a.m. - 4 p.m. School Days" - Sign's be removed from Emerson Avenue, 65th Street to 66th Street. i "No Parkingi" The request for signs on 77th Street between Logan and Morgan be denied. "Two Hour )larking" - The request for signs adjacent to 7645 Logan Avenue be denied. Residents wi o petitioned requesting these traffic controls have been notified of the committee recommendations. Respectfully submitted, Wayne S. Burggraaff cc: Administrative Assistant City Manager Public Safety Director Public Works Director TRAFFIC CONTROL COMMITTEE MINUTES • August 30, 1976 The Traffic Control Committee convened at 3:00 p.m., August 30, 1976. Members present were: P. Eberz, T. Morgan, R. Richardson, and J. Wilde. The committee considered the following items of business: 1. 67th & 10th Avenue - J. Wilde reviewed the petition from residents in the .vicinity of the intersection of 67th and. 10th Avenue South, who have requested installation of a two-way stop sign at that intersection stopping 10th Avenue traffic. The representatives from the public safety department reported that several accidents -had occurred at this intersection, and from available information on the accident reports could possibly be attributed to the lack of regulatory signing at the intersection. Members of the committee also discussed the fact that there is irregular placement of stop signs along 67th Street between Portland and Cedar Avenues, which leads to confusion on the part of drivers on 67th Street regarding the desired or proper traffic flow pattern. Based on this data, the committee voted to recommend installation of the stop signs. 2. 77th & Logan Avenue - J. Wilde summarized the request for stop signs at 77th and Logan Avenue South, which was initiated by residents of that vicinity at the time that Lindahl Olds applied for a special use permit. The petitioners indicated a problem with traffic in that vicinity which results from people test driving their cars on those streets. Lt. Richardson observed that the stop signs would not deter or eliminate this problem. Mr. Raaen and Mr. Eberz summarized the traffic information and Lt. Richardson presented the accident history for this intersection. The committee voted to recommend to the city council that this request for stop signs be denied, in that none of the traffic control warrants are met. 3. 65th & 20th Avenue and 64th & 20th Avenue - The residents in the vicinity of these intersections are requesting two-way stop signs stopping 20th Avenue traffic at both intersections . The accident history report and the traffic counts for this vicinity were presented by representatives of the public safety and engineering departments. The committee review of this information indicates that these intersections do not meet any of the criteria for installa- tion of stop signs. The committee recommended that no stop signs be installed at these intersections. 9 -2- 4. "No Parking" on 77th Street - J. Wilde reported that the committee had received a request from one resident in the 7600 block of Morgan Avenue South requesting that "No Parking" signs be installed on the residential side of 77th Street between Logan and Morgan Avenue South. The committee members observed that there does not appear to be a history of either public works or public safety problems with the existing parking in this area. The street is wide enough to handle existing traffic flows. There does not appear to be justification for establishing a no parking zone for a distance of just one block, and the committee recommended that this request be denied. 5. "Two Hour Parking" Sign Adjacent to 7645 Logan Avenue - J. Wilde reported that this request was initiated by a businessman located at this address, who felt that parking policies established for employee parking by other area businesses had created a problem for customers seeking to park in front of his business. The committee discussed this. request and concluded that while the traffic volume and parking needs generated by the commercial area might cause parking problems, establishing a parking restriction for only one block will simply compound the parking problem on other streets and for other businesses in the area. The committee voted to deny this request, but concluded that a future item for study by the committee would be consid- eration of a parking control zone for the streets adjacent to the entire commercial area extending along west 77th Street. The petitioner both for this request and the request for "No Parking" signs between Logan and Morgan on 77th will be informed of the committee decision and advised that the committee will in the future be studying the parking control policies for the entire area. 6. "No Parking 8:00 a.m. - 4:00 p.m. School Days" Signs by Woodlake_ School - J. Wilde reported that the request for removal of these signs was initiated by the principal of Woodlake School. The committee concluded that with the closing of -the school there does not appear to be a need for maintaining these parking restrictions, and the committee recommendation to the council is that the restrictions be removed. The petitioners for each of these requests will be informed of the committee recommen- dation before that recommendation is forwarded to the city council. Respectfully submitted, Joyce L. Wilde, Chairman Traffic Control Committee ?. N cr f CITY OF RICHMELD, MINNESOTA Office of City Manager Council Letter No. 278 Agenda September 13,. 1976 The Honorable Mayor and Members of the City Council City of Richfield Gentlemen Subject: Richfield Lake Property Acquisition Since early in 1.972 the city has been involved in litigation with Belle Rutman of the `Lynd!ale. Fruit. and Vegetable Market concerning ownership of a portion of Richfield Lake. Tn the spring of 1972 the city council agreed to a staff proposal whereby the city would attempt to obtain rights;or purchase lake bottom area and a portion of the shoreline being claimed by Belle Rutman. The discussions concerning this `matter have occurred over a very extended period of time during which I have corresponded with the city council. for the purpose of keeping you informed on. the. status.. On April 14, 1,976, a hearing was held on the application of Belle Rutman to register a. portion of the Rich- field,Lake shorelinand lake bottom. As a result of our involvement in this matter, it was possible for the city to enter into a stipulation with represent- atives of the Rutmans whereby we obtained the option to purchase lake bottom property which might be registered to the Rutmans. The stipulation was dated. April 15, 1976 and the order and decree on property ownership was entered on April 26, 1976.1 i 0%o.o 'The provisions of the stipulation are; as follows: 41, 1. The city hl s' an option. to purchase certain property shown on the attached rap at any time for a period of seven months after the property ownership decree was entered. (April 26, 1`976). 2. The purch se price to be paid upon the exercise of the option by the city i $4,350. per acre or a total of $35,714 for the 8.21 acres. 3. Belle Rut an agreed that. for a period of three years from the date of the sti "ulation she would not permit any action to fill any of the land wIhich is included in these proceedings. Council Letter No. 278 -2- September 13, 1976 4. The city retains storm. sewer easements and the continued right to use and maintain these easements to provide drainage to the lake bottom. Belle; Rutman is prevented from filling any property in such a ?I way a s to block the flow of. water from, such storm sewer outlets . The city council received a report on ;this matter at the June 28, 1976 city council meeting. At that time. the 'city council referred the matter to the planning .commission for required planning commission review of property acquisition for _public purposes,. The Richfield Lake property which the city has obtained in the past ha s been used for drainage' or storm water ponding purposes The property which is recommended for purchase at this time and shown on the attached map, would be 'required initially and primarily for drainage and park purposes. However, it should be acquired; without any restrictions so that, it can be used forany municipal purpose'in the future. The acquisition of this property has been considered both by the planning commission and the park and recreation advisory commission. Both bodies have taken. favorable action in support of the acquisition. It is recommended that the city council authorize the acquisition of this land in accordance with, the option to purchase the property and that the property be acquired for general municipal purposes which for the forseeable future, appear to be recreational nd storm drainage. ' The cost of the property is $35,714. Tt is proposed.that tY e city council appropriate half of the necessary funding from the special revenue fund and the remaining balance from the sewer fund. Respectfully submitted, Wayne S. Burggraaff City Manager. WSB/eja cc: Planning Dire( Pa rk a nd Re cr( City Attorney ation Director CITY OWNED PROPERTY PROPOSED PROPERTY ACQUISITION CITY OF RICHFIELD, MINNESOTA Office of City Manager Council Letter No. 277 Agenda September 13, 1976 The Honorable Mayor and Members of the City Council City of Richfield Gentlemen: Subject: Ordinance Amendment Regulating Certain Activities Upon Surface. of Bodies of Water in the City At the August '23,' 1976 city council meeting, the city council gave first reading consideration to an ordinance amendment providing for regulation of certain activities upon the surface of bodies of water in the city. The city attorney prepared this ordinance amendment because both the Public Safety Department and the Park and Recreation Department have received numerous complaints about the use of boats on ponding areas and have also encountered periodic problems '!in the past with swimming and fish house placement. A copy of the 'proposed ordinance amendment is attached. It is recommended that this amendment be given second reading consideration at the September 13, 1976 city council meeting. Respectfully submitted, i J Cot Wayne S. Burggraaff City Manager WSB/eja cc: Public Safety Director Park and Recreation Director City Attorney xicnrield regulating use of streets, public ways, grounds and places is hereby amended by adding thereto section 4.16 to read as follows: "4.16 REGULATING ACTIVITIES ON BODIES OF WATER WITHIN THE CiTy. . Subdivision 1. Definitions. 'Bodies of Water' means Richfield Lake, Wood Lake, Legion Lake, Mother's Lake, and all other lakes, streams, ponds, wetlands, marshes, water courses, and ponding areas situated in whole or in part within the city. Subd. 2. Activities Prohibited. Subject -to the exceptions contained in Subdivision 3, the following activities are prohibited on bodies of water within ". the city: Swimming or bathing except at areas officially Tesignated as swimming beaches and signed as such. (2) The use of any boat, raft or any other device or object designed to support or bouy up any individual, in, upon, or attached to such device or object. (3) The placement or occupancy of ice fishing houses or enclosures or other similar structures regardless of their size or construction. (4) Snowmobiling. Subd. 3. Exceptions. The above described activities may be conducted on bodies of water if: (1) The activity is done by or at the express direction of city personnel for rescue, law enforcement-or maintenance purposes. (2) The activity is city sponsore or supervised and cannot reasonably be carrie out in other areas of the city where such activity is not prohibite . w pursuant to subdivision 4 of this section.. Subd. 4. Permits.. A group, association or organization wishing to sponsor or conduct any activity described in Subdivision 1 of this section shall apply to the city manager not less than 10 days before such planned activity for a permit to conduct that activity The • application shall be on forms prepared by the city manager. No permit shall be issued unless the city manager determines that the proposed activity: (1) Could not reasonably be conducted in areas of the city where such activity is not prohibited. (2) Will not be likely to disturb the residents of property in the area of the planned. activity. .0) Will not be likely to create or cause crowd control or traffic or maintenance problems. (4) Will not interfere with other activities previously scheduled for the area. -(5) Is proposed for an area which is designed to facilitate such activity. The city manager may limit the time of the activity, the area where the activity will occur and may impose other conditions upon the conduct of the proposed activity. The manager may also require as a condition for issuance of the permit an indemnity bond holding the city harmless from liability of any kind or character and reimbursing the city for any property damage or clear. up costs. Subd. 5. Cancellation of Activity. The city manager may cancel or terminate any activity permitted under this section for such a period as he shall deem necessary for public'health or safety reasons or to terminate or prevent breaches of the peace or order. No person shall commence or continue any activity which is the subject of the manager's order during the period such order is in effect. Passed by the City Council of the City of Richfield, Minnesota this day of , 1976. Loren L. Lacer Mayor f Thomas J. Moran. C i ty C e-rT7 ATTEST: I _.r l CITY OF RICHFIELD, MINNtSOTA Office ,of' City Manager Council Letter No. 276 Agenda September 13, `1976 The Honorable Mayor and Members of the! City Council City of Richfield , Gentlemen: Subject: Request for Special Use Permit - 7521 Dupont Avenue Mrs. Ruth',Erickson of 7517 Dupont Avenue is requesting 'a 4pecial Sp. , ,'permit to a ow Group Family Day Care in a house located 'at 7521 Dupont Avenue, the property adjacent to her home. The following items are attached to this council letter and will be referred to throughout: 1. Exhibit A -shows current zoning 2. Exhib it B - shows the current land use in the area 3. Exhib ilt C - site plan showing the applicant's property and the site of the proposed day care home 4. Exhib it D - is a copy of the zoning ordinance regulations Applicant's Pr oposal The appli ant proposes to purchase the property at 7521 Dupont Avenue ' for use as a gr . oup family day care home only; no one will live in the house A group family day care home can be licensed to care for up to,ten pre-school children. The number of children for which the applicant can be licensed is determined by the size of the home: The applicant is presently licensed as -a provider of fa mily day care (less than five pre-school chil ren) in her own home. She h s proposed to discontinue the family day care activity in her home if the s; ecial use permit for the group family day care is issued. Zoning Regulat I ions . Richfield zoning ordinance allows operation of group family day care as i { " Council Letter! No. 276 -2- Septe mber 13, 1976 a "school" use in a'residential (R) district with the issuance of a special use permit. The conditions governing the issuance of a special use permit are as follows: The council shall not grant a permit for the use unless it finds that the operation for which a use permit is sought will not under the circumstances of the particular .case be detrimental (1)' to the health, safety, morals, comfort, convenience or welfare of the persons residing or working in the neighborhood of such use, or (2) to the public welfare or injurious to property or improvements in the neighborhood. Staff Review As stated;, the applicant proposes to purchase this home and use it for day care only. The applicant and her family would continue to reside next door at 7517 Dupont Avenue. The house to be used for day care was constructed in 1939, as a temporary "garage" dwelling. The house is located at the rear of the lot and.is 20' x 24' (480 square feet), with one bedroom and no basement. The floor plan inc u es a 14' x 14' livingroom, 9' x 9' bedroom, 9' x 9' kitchen, and 5' x 9' bathroom. Heat is furnished by a single-space heater. The appli- cant proposesi to use the kitchen for the meal preparation and for creative play. The bedroom and livingroom would be used for play area •and napping. The front yard of this property and the rear yard of the -applicant's property will • be used for outdoor play. The applicant proposes to fence those areas which are not now fenced. Staff Recommendations The applicant's, request has been reviewed, for compliance with the conditions governing issuance of a special use permit. This pro?,erty is zoned for single family residential use and has been used up to the present as a single family residence. In addition, the property is a non-conforming structure in a residential district because of its rear yard location. If the primary use of this property is changed from a single family hom o a group family day care center or school the basic purpose of the residential structure is altered and increased intensity of use results. The intensity of up e created by 10 children and two adults will accelerate the aging and deterior0ion of the structure. The accelerated deterioration is directly related to the overcrowded situation which would be created by a group family day care oper?tion in this small home. When an overcrowded situation is allowed to to the entire neighborhood can occur through ex2st, a detriment t the early deterioration of the house and property. While schools are an allowed use in the R residential_ district. with a special use permit, the original intent of the ordinance was not to allow a random distribution o Single fam fy i-I omes • to be used fox schoo purposes. This house is extrerre ly small (486 square feet). The State Department of Public Welfare regulations for family day, care require .3 5 square feet of primary space per child. ]'his space is exclusive of bathrooms and areas Council Letter No. 276 -3 September 13, 1,976 occupied by fixed objects such as kitchen counters and appliances, etc. Based on this requirement, the approximately.325 square feet of primary space would allow nine.children to occupy. the structure. In a house this size, this number of children and two adults would create a severely overcrowded situation,. This is in direct conflict with what many housing ;programs are trying to eliminate. In addition, this house is not of sufficient size to allow conflicting activities, such as children napping whilei other older children are involved in something else, to take place at the same time. ' Sickroom areas are not provided: This home has been inspected by the Richfield fire, health and building departments. The following is a list of items which they would require if. this home is to be used for day care purposes: 1. Replacement of space heater for safety and proper venting 2..Frovision of an enclosed play area out of doors 3. Provision of a thermometer for the refrigerator 4. Provision of a self-closing screen door for the front entrance 5. Painting of house where need is evident 6. Removal of dead tree in front yard 7. Mounting of utility shed on concrete slab 8. Bathroom wall covering to be removed in the areas of the sink, lavatory and the tub/shower and replaced with waterproof gypsum board,, and refinished. 9. Replacement of rear stoop with permanent stoop and step 10. Sink drain brought to code compliance 11. Installation of fustats in service panel 12. Removal of unused wiring 13. Grounding of electrical service and installation of ground fault interrupter 14. Filling of well pit in front yard It is the opinion of staff that the principle use of this home would be for day care rather than residential purposes, and that the number of children would create an overcrowded situation; that this use would be detrimental to public welfare and to the health and safety_of.the children who would spend a significant amount of their day in 'this house. Therefore, it is the recommenda- tion of staff that this request for a special use permit be denied. Planning Commission Recommendation The planning commission reviewed this -request for a special use permit at its August 24, 1976 meeting. The planning commission found that the conditions for issuance f a special use permit were met, and recommended approval of the special use permit, providing,all city health, sire and safety requirements are met. Respectfu Y submitted, i; cc: Public Works Director PlanningDirector 'City Manager , ? - ; z nd `r s. Lb ?+? ?ht.8 r? 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LIJ a; 3 r r a. iL 1 - M .--il- _ of { M, 11 14 if i4l L, 13 1 L:--j 13 i2 1.5 if 2 E 1017 E, F1 4L n r` 2 Di 3 3 1~t "t'. n ?'e N ? ? ? f^ I YJF ?x ? V I C-1 - • i.i3 r{ ?« t' f h v [.? N 0. ry. ?r C r 1 i. • •r :; ! v rej ?? rsl,.+u.vu+c..a wacwnw ,:*.?+•.? s.. Y3 q¢yr 1 ?nx, 1 .+ j I OP (w! L?4 I74CIU1.? lug 1_1 . r?l G`? ?S: W W '101. ExH181T s 130 a -? 7517 f DAY CARE PLAY AREA n ?fl . EXIST. cn RESID. LLJ. I l? • ?• prive. , CAR. ??. i? I-i'ro osed Golf, ? I c7 Covered well O SE GROUP FAMILY _ PR PO D ' DAY CARE FACILITY 24 i0 • EXIST. O DWELL. ' 7521 ?-- - . 8 3 - - f---- Uns?aoced Drivekroy--`-x. Site Plan Exm i or I ....7 USE ,.,GUT_•!J`GN,0 FO _;•.L?..!UEi?.,L J:C.,?_..7„T (:;) ,, •. Lc12.v- lion ~l • i rmi:-ted Uwe, o it, t. Diotr i ct:, Un C oth..Lwlu prOV).d d this chanter no build+in or land shall be uc^:i and no buildin- shall 11sr?a'ccer be erect?d or StTUCtur iy altered >Cept for one or Ci?O1"e of Y1 1e f olloclinrr use,; (' } "ingl^ i l?r c rel.li~?: and their acs^acory buildings. 2-11-74. ;hull 19,73-21.). (3) llorle occupations. (4) It is found and determined that the occupancy of a single family residence in a c 4n-le family residence neighborhood. by P_ number of unrelated persons tends to disru:,t and disturb the cllc'iraci_! r of such neighborhood.; that such occupancy tends to adversely affect property v2_lu-c.tion-s of the other Sin,-le family residences in such neighborhood.; that such occupancy tend s to involve patterns of living and conduct: C711ici1 are different from and offensive and annoying to the residents of other single family residence- structures i . the neighborhood; that such occupancy tend':; to create i Special rolice probltim0 for the city; that such occupancy is ::ore in the nature of a multiple resident al use. of property and should more appropriately be in the multiple residence areas o_ tae city; and that such occupancy of a tesi-dential unit in a multiple resi_deace :one of the city %3 less likely to result zn such adverse influences or uch adverse influences will be totally abzent in su-h multiple residence zones. It -is u.-In-oful for a.si_ngle family -residence structure in the re3idential areas to be occupied by a group of individuals, exceeding th_"ee in number-, [?ho are not related by blood,.narriage or adoption. f Subd. 2. Uses by 9eci al Use Permit. The following uses are permitted only upon the nrocor epccial use permits a3 p-rovidad in Section 3.41 o{ this chapter: _ _ t (1) ?u_c'1es, libraries, museum3; schools, memorial buildings (including name plates and l ulletin boards meeting the rerUireinellts Of this code). '• (2} Clubs, golf courses; lodges' x __raternity or sorority houses, TAthout ser- F JiCeS to the public customarily Carried on as a business. (3) riospita•ls, clinics and other buildings used for the treatment of human ail- me ntc. (?S} 1i1? la^_Cil_opic. and chu_-itaule institutions other than those heretofore mentioned. ;5) The kee-)i n ; of more than tTT boarders by a residence amily. (5) Public utility installati_on3. ! ruLn_. 3• Heinht ^erulc_tionS 1\71o building shall hereafter be erected or structurally ? altered in the residence district to e.._eed 35 feet or 2 1/2 -stories in height subject tc modiricG_ion-s and exceptions -provid3d in 'Section 3.39 of this chapter. Uubd. /:. Lott .:`._ea, Frontage and -"lard Dequirements. The foliowin; renuirements shall be observed L-y all bui_ldin-s ii1 the .;" district hereafter erected or structurally altered, cub,act to the modifications prov dcd in Section 3.39 of this chapter: '1) Lot rhea. Every building desi_oned for the hou3ln- Of one family, together t%-ith it acce3 ory buildings, shall be located on a -lot in one o:.111ership having an. urea of 'not less tnan LOOC s•:-uare feet including the adjacent one--half of the abutting alley. (2} . F-..o;1;- Yard. Each building shall_ Have a front yard of not less than 30 Sept' subject to modified requirements COt'ita i.ned in Section 3.35 of this chapter. (3) Side :'ard. Each buildinu shall have two side yards, one on each side of the building.~ xhe side ys•rds in the case o` 1 1/2 story or smaller buildings shall have a width of not less than 1:i.ve feet and in the case of larger buildings --Whal1 have a width of not less than 10 'feet, subject to modifications and spoci.fi-- catiors provided for in Section 3.3 of this chapter. Each d?)elling lo- 64 2-11-74 i i CITY' OF RICHFIELD, MINNESOTA Office of City Manager Council Letter No. 275 Agenda September 13, 1976 The Honorable Mayor and Members of the City Council City of Richfield Gentlemen: Subject: Deferred Assessments - City Project No. 667 On July 26, August 9 and August 23, 1976 the city council held `hearings to adopt the proposed 1975 permanent street paving program' assessment rolls. Durin the course of these hearings- the council deferred action on . several parcels and requested the staff to conduct a study on these particular parcels. The staff., has not yet completed the study on all of these parcels and recommends that the city council continue to defer action on these parcels until the September 27, 1976 city council meeting. i The staf has contacted the property owners affected to inform them that the council would be asked to continue the deferment. Respectfully submitted, Wayne S. Burggraaff City Manager WSB/eja cc: Public Works Director Finance Director j ;. { r3 CITY OF RICHFIELD, MINNESOTA Office of City Manager Council Letter No. 274 Agenda September 13, 1976 The Honorable Mayor and Members of the City. Council City of Richfield Gentlemen: Subject: Hearing On Assessment Rolls for 1975 Street Improvement Project No. 667, Area 8 East of Lyndale Avenue, Area 12A and 12B September 13, 1976 has been scheduled as the hearing date on assessment rolls for the 1975 .permanent street improvement construction project The assessment hearing will cover the construction work performed in City Project No. 667, in Area No.. 8, east of Lyndale Avenue and Areas 12A and B as shown on the attached map. _ Each property owner who will be assessed for this work has received two letters from the city. The first letter requested property owners to advise the city of any defects or problems' concerning the project of which they may be aware Each re- sponse has been answered either through corrective work already completed or scheduled, or throu h an explanation to the resident describing the circumstances involved in the particular situation. A second letter has also been sent, advising property owners of the date and time of the assessment hearing. This letter included the amount of the assessment and an explanation of the alternate ways by which the assessment could be paid. A total of 588 parcels are included in the 1975 project Area 8, east of Lyndale Avenue and Areas 12A and 12B. The assessment rolls for this project have been calculated in accordance with the Street Improvement Assessment policy adopted by the city council in June, 1970. .An important element in the city wide street improvement project is the position of the city council that the assessment policy adopted in 1970 would remain in effect until the entire project. is completed in 1977. This means that all property owners would receive equal treatment for assessment, using standardized criteria. The 1975 assessment rolls have been adopted based on this policy. Property owners a Council Letter No. 274 - -2 September 13, 1976 have previously been advised of the assessment policies at public informational meetings, public hearings, and byway of printed materials and audio-visual information aids prepared by the city. It is recommended that, at the close of the hearing, the city council adopt the attached resolution providing for the adoption of the assessment rolls for the 1975 Permanent Street Improvement Project No. 66,7 in 'Area No. 8, east of Lyndale Avenue and Areas 12, A and B. Respectfully submitted, VV Wayne S. Burggraaff City Manager WSB/eja cc.: City Attorney Finance Director Public Works Director .? y V V 0 - r 8 0 a ` L t f All s s s s s a r ?• t: -• s i s s s i t x x x x » x a a a x x x x x a ?50QC-? r l - nn .K EE3 - ..,.?. All. Wa,.rv[ i QQQ n0 IJO BBBB . ?T W un" ow .ra. All. EE3EE3P:=;EED .II[F..II rv[. U >tiaq.n .K. QQ? BBB ai C? .wffLLt .v[. l . ?0 BBB®? .KL[ll .K. All. t -1. All. rvc. ?r-_? -___ [QCQOI_JOpO ?00? X[wmll wlK. L?U ? CIQQQQO?OC-?Q „?X ,? u„ „ ,K` . ?C?C? BQQQQ QQOQC ?[X All. - -..< ??_ _? get OQQC?O QOOD • x?x All. All. d.,,w.K. fIIFWXT 1K. All. pNOM, All. All, anAll. 4d=== care rv i aQ?Q?L.t m a m LO? t: . LTX..L< bC. _ _ _ ? LTxbLL[ .YG of: -- L ?F 11, -1 All. I_ rL[tlrM M. '? KL....Y .K I "L L-JLLJ1r .K. E1 I tEXTwgITX .VE M [rtwtwPM .. I ?? nn ?9 C^?QQQBBQ ?? ?? ._ .nKX. rvc . .nKws All. tr .K. ?JQQQBB? OCR QQ i [.. rvE C?OOQBBCQ??QOOL? All. «FTaI •Y. QOBO??QQCJB ?-?? ` uIXmX .K. ! C?OBQQB QCIE? All. =QB o)? rJQ .L .K. -TLFW rv< _ ._uI?QBOQ ' it^ BO .a„ rv[. _ QOQQQQUCIC?C7C? i. l ", "` D r..x .K. D D QQL?OC?Q? QQOO m..K. m rn m? rv< - OQQ?QC7C1C?Q7C?Q M2. ar D D D «w<..<. C?OQOBOQODC_7Q .-AW. OOBQI?Q ?? Q[QQO All. CD It, All. rn ?BOQCI ?L?QOIC?C]QUO _ nF All. ' c !QQ?nQOQQJ(QC7JC?C?O , All. All. JC?C?CIL_-?>?C? ?? QQa?oQ? nO..K ?QOCJ?CQCJF Tt FLpWp.K. ,r.rv[ r F- J? ?QQOQOC?os ' n?.Y? w Lahr{LLOw .Ya r M A P P n 1 =1 l«I[rFLLa..K. x x » a x '? ?---- - toF All. Z L ?? CF?JCQ?J m n n n n ?7??r? ? ?? tzr rva. g z Q T f '? ?ul 'I i ' .,wa.x n.uasX All, jit? BI! ? n All. `T7 ? x x x x '' - ? [ 11 ??'? rr?o ; 21. Alt. tzrl.Yr. f.. All, All. F t? 64% &C vs?- 7 - n n n Id? 7 ? Yj' Cr7 ?, lilg n RESOLUTION NO. RESOLUTION ADOPTING ASSESS"'PENT ON CITY PROJECT NO. 667, AREA NO. 8, EAST OF LYNDALE AVENUE AND AREAS 12A and B BE IT RESOLVED by the City Council of the City of Richfield, Hennepin County, Minnesota as follows: 1. That-the city clerk has, with the assistance of the city engineer, calculated the proper amounts to be assessed for the 1975 Permanent Street Program, City Project No. 667, Area No. 8 east of Lyndale Avenue and Areas 12A and B against every assessable lot, piece, or parcel of land specially benefited thereby in accordance with the provisions of the law, and the proposed assessment so made up was filed with the city clerk for more than 15 days prior to the assess-- ment hearing and was open to public inspection during said period. 2. That notice has been duly published and a public hearing heretofore duly held as required bv_ law so that this council could meet and pass upon the proposed assessment. 3. That an opportunity has been given to all interested persons to present their objections, if any, to such proposed assessment or to any item thereof at said public hearing. 4. That the city council has heretofore duly established City Project No. 667, Area No. 8, east of Lyndal:e Avenue and Areas 12A. and B and after carefully • considering all the facts, the benefits to each lot, piece or parcel of land and fully advising itself in the premises, has found and determined and hereby declares that each and every lot, piece or parcel of land included in said proposed assessment roll was improved by reason of the construction of said City Project No. 667, in Area No. 8, east of Lyndale Avenue and Areas 12A and B and has been and is specially benefited in the amount set out in. said proposed assessment roll opposite each such lot, piece or parcel of land. 5. The proposed total assessment in the amount of $611,775.49 is hereby affirmed, adopted and confirmed and the sums fixed and named in said proposed assessment are affirmed, adopted and confirmed as the proper special assessment for each of said lots,-pieces, or parcels of land respectively, and said amount so set out is hereby levied against each of the respective lots, nieces, or parcels of land therein described. 6. Said assessment is hereby affirmed, adopted, confirmed and shall he certified by the city clerk and filed in his office, and shall thereupon be and constitute the special assessment for said City Project No. 667, In Area No. 8, east of. Lyndale Avenue and Areas 12A and B, Permanent Street Program. 7. The assessment with accruing interest, shall be a lien upon the property included therein, concurrent with general. taxes, and shall be payable in equal annual installments extending over a period of 20 years. The first installment shall be payable on the first ?Monday in January of 1977. All assessments shall bear interest at the rate of. 87 per annum. To the first installment shall be added interest on the entire assessment from the date of this resolution until December 31, 1977, to each subsequent installment shall be added interest for one year on all unpaid installments. All assessments and interest thereon shall be collected and paid over in the same manner as other municipal taxes. Passed by the City Council of the City of Richfield this 13th day of. September, 1976. Loren L. Law Yevor ATTEST Thomas J. Moran City Clerk • T CITY OF RICHFIELD, MINNESOTA Office of City Manager Council Letter No. 273 Agenda September 13, 1976 The Honorable Mayor and Members of the City Council City of Richfield Gentlemen: Subject: Discussion of Knutson Project Special Use Apartment Permit At a special council meeting on. September 7, 1976 the city council approved a special use apartment permit for the Knutson senior citizen project. At that time the city council agreed to provide a time at the September 13 meeting when it would be possible to review the plans for the proposed project in more detail. It was decided that this matter would be considered at 10:30 p.m. at the September 13, 1976 regular city council meeting. Respectfully submitted, viov'vvd- Wayne S. Burggraaff City Manager WSB/eja