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01-12-76 agenda
CITY OF RICHFIELD, MINNESOTA Office of City Manager Council Letter No. 23 ~ ~\ Agenda January 12, 1976 ;, The Honorable Mayor ~ and ~ ~ _ Members of tYe City Council ' Gity of Richfield ` Gentlemen: ~ ~~ Subject: Change Order for Donaldson Park Project ~.. On the January 12, 1976 city council agenda, there is a change order ,: amounting to an increase of $509.14 for the Donaldson Park project. The change order is made up of two items, both. relating to the park building remodeling project. I ~ In May of 1975 the Dugout Club received approval-from-the city council to cons"tract a scoreboard and scorebooth at .Donaldson Park, A change order in the armount of $210.27 is necessary for the installation of a conduit • in the exterior walls of the park building and-under the sidewalk- to provide for proper future electrical wiring to the scoreboard. ~ The second part of this: `change -order involves modification of water piping, flush. ~ aloes, water. closet drains and the handicapped: water closet to adapt to co ditions other than as shown on the origina plans for the building. The cost for this part of .the change order is an increase of $298.87. It is recommended that the `city council .approve- this change order in the total amow~nt of $509.14. Respectfully submitted, I~~, C~~ Wayne S. Burggraaff City Manager WSB/e ja cc: Park. and ecreation Diree~tor Finance Director i ,. :t ~~ CITY OF RICHFIELD, MINNESOTA j Dffice of .City Manager Council Letter No . 22 Agenda January 12, 19.76 '~ ~ - The Honorable ~1Vlayor and Members of the' City Council City of Richfie ~d Gentlemen: Subject: Richview Nursing Home License Fees At the lastjcity council meeting the city council deferred action on approving the renewal. of soft drink, ice_and food licenses for Richview Inc. , :7727 Portland Avenue. The licenses had been listed as fee waived and the city couI~ncil requested that this matter be reviewed' to determine whether this nuising home met the requirements, .for. fee waived licenses . Section 6.01, .sub-division 8, paragraph 2 of the municipal code • provides for the following exceptions from- license fees: "'Food services in governmental subdivisions, charitable institu- tions houses of worship, homes for the aged, childcare homes, schools, .charitable and non-pro~it pitals, and employee coffee shops are required to apply for and obtain a license, but are' not charged a fee therefore, but are subject to all other requirements of this section; provided that any food vending machine located in any such establi~ hment must be owned by the establishment in order for an~ license fee thereon to be issued.." Licensing r cords indicate that in past years the city council has inter - pre ted,the provisio i s of this ordinance to permit the issuance of fee waived licenses to RichvIiew, Inc. 7727 Portland Avenue.. It would appear that a contin- nation of thi practice would be consistent with the ordinance provisions. r Respectfully submitted.,, ~~ G~~ Wayne S. Burggraaff City Manager WSB/eja f_' i i 1 i I: f . ., . .. • • ' CITY OF~RICHFIELD, MINNESOTA :Office. of City Manager i t Council Letter No. 21 II Agenda January 12, 1976 The Honorable Mayor and ~. Members ofithe City Council City of Richfie ld Gentlemen: ~ 1 i Subject: Setting. Hearing_Dates for Community Development Block Grant App ication The purpose of this council letter is to recommend' he setting of two .hearing datesfor the purpose of considering the fiscal year 1977 commun- ity development block grant application. It is necessary that two public hearings be'~ held and it is suggested that the public hearing dates be set ~ for. the January 26, 1976 city :council meeting and for the February 9, L976 city council meeting. Following these two hearings and after considering any testimony submitted on the proposed use of the community development funds, it is!necessary that the city submit its application to Hennepin County by February 17, 1976 to begin processing of this grant application. ~opo Counci members will recall that last year the city.: received approximately ' $9.00 from the community development block grant as its share of the urban Hennepin County entitlement.. It is anticipated that for federal fiscal year 1977 the Ci~y of Richfield will receive approximately $182, 800. Attached to_ this council letter is a list of the estimated amounts expected to be received by municip ~lities within Hennepin County who are participating in the joint powers agr ement with the county.. Also attached is a copy of -the three-year community ~ evelopment plan and the three-year housing assistance plan: which the city council adopted--last year. A list of eligible and ineligible activities f ~ r the use of community development act block grant funds is also atta died . ~Althou h the final"federal .regulations for fiscal year 1977 will probably not be ready until mid-January, it has been necessary for the staff to begin work to update the city's three year plans and to formulate this year's grant application ~ The following steps are being followed in this process: 1. The citizen artici ation element rovides for the dissemination P P P of nformation to city commissions, civic groups and other inter- est d citizen groups. _ Iri addition, the city's quarterly newsletter ;~ to ~ e distributed within he next .week. will have a ..report:. on the community block grant application process and there will be in- formation appearing. in '.the newspapers. All of the citizen partic- ~, Council`Lett~r No. 21 -2- January 12, 1976 pat~:on will be in addition to the .two public hearings to be held on January 26 and February 9. ` 2 It is necessary that an amendment be prepared to the housing assistance plan to update the plan adopted by the city council lash year. ' 3. It is necessary that a new three year community development plan be prepared to update the plan. adopted by the city .council :.last year.. 4.: And finally, it is necessary that environmental'assessments be completed .for each project which is finally approved in'the plan `and included in-the grant application. i The amended housing assistance plan and community development plan `` ` '~ are in. the process of being developed and will follow very closely the plans P4 ~w adopted by the city council asst year. They will be submitted to the city council prior to the. first hearing on January 26, 1976. Respectfully submitted, '~ ~ . `3 Wayne S. Burggraaff ' City Manager WSB/eja cc: Administrative Assistant Finance Director Plannin Director ..~ ~ ~ ~~ ~ ~~ .. p .. ,. . . ~~`' _ ,, ELIvIBLE'AND iNEL GiBLE ACTNtTIES FOR USE OF COMMUNITY DEVELOPMENT `~ ACT BLOCK -GRANT- FUNDS , ~'~~* ELIGIBLE ACTIVITIES: 1. Acquisition of real property which is: a. Slighted, undeveloped, or inappropriately developed. ~ b. Appropriate for rehabilitation or conservation activities. . c. Appropriate for preservation or restoration of historic sites; conservation of open spaces, natural resources and scenic areas; provision of recreational opportunities; yr the guidance of urban development. d. To be used for the provi'ion of eligiblepublir works, Tacilities and improvements. ` e. Other public:purposes, including the conversion of land to other uses where necessary or appropriate to the community development program. ~ 2e Acquisition, construction, reconstruction or installation of the following - public works and facilities: a. tdeighborhood facilides b. Senior centers - 'c. Historic properties d, Utilities e. Streets _~ f. Street lights g. Water and sewer facilities h. Pedestrian malls and walkways i. Parks, playgrounds and other facilities for recreational participation. j. Flood and drainage facilities where assistance is unavai able under other Federal laws or programs. k. Parking fac7ities,solid waste disposal facilities and fire protection ~ services and facilities in areas, or to serve areas, in whichcornnunity development' activities are. to be carried out in a comprehensive manner. 3. Code enforcement in deteriorating areas in which enforcement, together with public improvements and services to be provided, 'may be expected to arrest the>decline of the area. 4. Clearance, demolition, removal and rehabilitation of buildings, and improvements. i S Projects directed o-the removal of material and architectural barriers which restrict the mobility and accessibility,of elderly and handicapped persons. ***NOTE: Can only be. used to benefit low and moderate income people... ... ...~ . . -. . ~, ;; ~ - Page 2 -- Eligible activities under Community Development Act 6. Payments to housing owners for losses of rental income resulting from `~.~ temporari1y holding housing units to be utilized for relocation of those .displaced by program activities.- 7. Disposition of real property acquired for community development activities, provided that-the proceeds shall. be`spenton~y for eligible community development activities. . 8. Provision of necessary or appropriate public services not otherwise available in areas, or serving residents of areas,. where community development activities are, or will be, underwvay. Such sErvices include improvement of community public services and facilities such as those concerned with the employment, economic development, crime prevention, child care, health, drug abuse, education,. _ welfare, or recreation needs of persons living in those areas; and coordinating public and. private development programs. 9. Payment of the non-Federal share required in connection. with agrant-in-aid I, program that is an eligible aetivity undertaken.. as part of the corranunity ' development program. 10. Payment of the cost of completing a project started under Title I of the Housing Act. of 1949. ll. Relocation payments and assistance necessaryas a result of community development activities: ~:~ 12: Activities necessary to develop a comprehensive community development p1 an; and to develop apolcy-planning-management capacity to more rationally and effectively determine the community needs, set long-term goals and short- - term objectives, devise programs. and activities to meet the goals and objectives:, evaluate.theprogress of programs in accomplishi7g the goals and objectives, - and carry out nanagement,coordination and monitoring of activities necessary. .for effective planning implementation. 13. Payment of reasonable administrative costs and carrying charges related to the planning and execution of community development and housing activities, including tfie provision of information and resources to residents of areas in which other corrsnunity de~~eloprnpnt and housing activities are to be concentrated. Such information and resources are to be pertinent to the. planning and execution of sucfi activities. INELIGIBLE ACTIVITIES !, Any type of activities not described above is ineligible.. The following list is .illustrative and does not. constitute a complete list of all ineligible activities. ', 1. Public. facilities-not specifically mentioned in the list of e]igible activities, i such as: ~~ a. Facilities far-the general conduct of government, .such as city halls, police stations and other buildings used predominantly for municipal purposes. _j ~.. ,~ t . Page 3 -- Ineligible activities under Community Development Act (continued) ~ t ~~ b. Stadiums, auditoriums, sports arenas, concert halls, cultural and art .-.art centers and similar facilities whichare used by the general public primarily as spectators or observers, except that cultural, art, museum, library and similar facilities may be undertaken as part of a neighborhood facilities project. c. Schools generally, but 2rcluding neighborhood facilities or senior centers in which classes in practical or vocational activities (such as first aid, homemaking, crafts, etc.) may be taught.: d. Hospitals, nursing homes and other medical facilities, except for a neighborhood facility or senior center in which health services are part of the services offered. ~~ 2. Operating and maintenance expenses in connection with community services and facilities are not eligible, except for the public services and. interim assistance described in eligible activities. Examples of .ineligible activities include maintenance and repairs of water and sewer and parking facilities, and the salaries of staff operating such facilities: 3~. ExcePt for the costs incurred in carrying out community development programs, expenses required to carry out the general responsibilities of the local ;government are not eligible. as 4. Partisan political activities such/expenditures for use of equipment or premises for political purposes, sponsoring or conducting candidates' meetings,. `, ~ engaging i n voter registration ( except i f i t i s part of a corranuni ty-wide registration drive sponsored by the local unit government).- 5. Construction of new .housing. 6. Generally, no funds maybe spent for direct income payments for housing or for. -any other purpose, such as payments for income maintenance and housing allowances. U.S, bGF'ARl'M[fJT OF= F-~UU51NCi RNO iJFiFJAN G~[VELOPMLNT ' tiC}USING AS51S~; ~n;i:E FLAN _, •~'~Eij..~ ~~d ~~~'~~~~it~ ~7~~~, ~':rL151 !"iQVJ~iOila /~S$}5~ ~-.~'+~~~ :. NAi`.4E OF APPLICANT^^~ __._ 2, AF'I'LICATION IJUr18ER 0. ^ UFiIGINAL • ~ ~ ~i.MENpMENT City of Richfield SUMMARY 4.P~oGRAM YEAp ~` . ~ From: 1 975 Ta: 1976 _ . Y ~~ NUM BE: RS OF UNITS (exccpe r~s rotedl FIRiT YEAR GOAL THREE YEAR GOAI:° • A. CAS"EGOt?Y - - ^ TYPES OF UNITS TYPES OF UNITS TOTAL TOTAL --- New Exist RohAb.. Nsw E>:L^t Rohub. 1. TOTAL 2q8 150 95 3 348 155. 1.43 50 a. ELC~EF.LY 184 1S0 34 199 150 49 3. NON-ELDERLY LARGE ,~. _ ,..._~ 2 11. 5 6 ~' oTHER 62 59 3 1.38 88 50 . sou~,cES ar- a~,sls~•aNCE S. HUD. ... ° e. SECTION 8°' ~ ' AMOUNT $ $• ~ : $ S . $ S $ ( ~ 3 46 b. CD BLOCK GRANTS 3 X10 000. 46 75,000 c. OTHER ?.. TE AGEtd,CIES '~ ~tTIFY PROGRAh1: a. b. . C• 3. OTHER a. FARMERS HOME AD. b. LOCAL PROGj~AMS 4 $15, 000 c. OTHER (speci/yl 2 ~,...: t.~ v.` .., _ r ~.._;: I ~... .: •~ "' ... j ',.. i . {{ t t t ,- i i:.... ~. ~' =. . `;.:.,~ ~• .. . h .s... . ~"~ .. f•.- . r .r •tut:~.iU {r U.S.GOYFIAiNINT PRIN1LiG OFFICE:1974-650-103/li7 ' - 1 • Brooklyn Park Champlin Corcoran Crystal Dayton Deephaven Eden Prairie Edina Excelsior Golden Valley Greenwood Loretto Maple Grove Medina Minnetonka Minnitrista `~• ~ Mound New-Hope Orono Osseo Plymouth ' f~~ld Robbinsdale St. Anthony St. Bonifacius Shorewood Spring Park Tonka Bay Wayzata ~2~28~ 29,539 . 2,938 24,273 9,034 9,978 15,372 Municipal $1,444,000 I~ Hennepin County Grand Tata1 TENTATIVE ALLOCATION Or URBAN COUNTY COMMUNITY DEVELOPMENT BLOCK GRANTS Second Year Amount $ 138,222 30,745 18,609 158,046 11,286 18,609 35,600 134,311 15,507 78,079 2,831 1,887 34,251 10,278 140,920 12,345 48,411 96,553 29,114 21,411 . 60,683 182 108,688 $1,552.,688 1~ I• I• z ¢I `~ a'~ '~ Hsi, z' W ~~, a~ O a~I ~ WI ~I n ?~ w ~ rn ~ d ~' q ~ ~ ~ Hi i I ",~' H I ~ ~ ~ ~ z ~ ~ ~ ~ O U q a Wi H w x U H W a cY. o ~ ~ n O ~ ~ I ~ o 0 0 0 ~ ~ O O O M cd ~ ' n O O M 00 • r -I M oo t~ 07 ~O +~ ~-{ N N to w a ~ 0 o ~ 0 0 0 0 ~ p ~ ~n o ~ ~-n ~ ~ o 0 0 0 o co ~ 0 0 `n ~ o 0 0 o o Q n w w -, w !~ t.f) O O O N •ri M l~ M N ~ CO. ~ W a ~ ~', ~ w ' ' N V) OO Fy-i ct O O O ~ ~ ~ ~.n ~ ~ o d- o ~n ~n ~ ~t o ~ o ~.n ~n cc3 q ~ o ~ o co 00 ~ U O n O U ~ ~ ~ d q ~ W o ~ o 0 0 0 0 0 O M O O O O O O O O M O O O O O O O ~--+ U ~ o 00 ~n O o 0 0 E-+ H ~ ~ ~ ~ v~, o o [~ Cn r--I ri r-i r-1 N W O .~ ~ ~ ~ ri O i-> '"C3 rl 3 ai ~ ~' V ~ O N ~ ~ C ri H E ~ ~ ~ b0 ~ ~ ~ ~' r--I bA ~ r -i ~ d -- U ~ ~ ~ ~ • i ~ O O ~ •~ •~ W + O O ~-+ O r i-+ • rl `~ V O ~+ •I-~ r--1 r-i • ri a n ~ H a ° ° cn U ~ c ;~ ~ ' ,~. Z Q H E -~ _ .~ ~~ .l~ - - ~ CITY OF RICHFIELD, MINNESOTA Office of City Manager Council Zetter No . 20 Agenda January 12 , L9T6 ;, The' Honorable Mayor f, and Members of the City Council City of Richfield Gentlemen. ~ Subject: Designation of Official Newspaper Attached hereto is a copy of a letter from Sun Newspapers, Inc. requesting tha~'the Richfield Sun be designated as the city's official newspaper for 1976. The legal rates are set .forth as described in the attached le ter. It is reco ' mended that the city council ,renew its designation of the Richfield Shun as the city's official newspaper: Respectfullg submitted, ~, d. l~ G2~Z~~ .Wayne S. Burggraaff City Manager I WSB/eja i ;_ -- 4• r ,, UN ~EWSPAPE~S 6601 WEST SEVENTY -EIGHTH STREET EDINA, MINN. 55435 • 941-4800 .. i December 15, 1975 .. J City COUncil _~ City of Richfield , 6700 Portland Avenue South ~I Richfield, Minnesota 551123 Gentlemen.: '~ Your designation of the Richfield Sun to be your official newspaper for '~, the. year 1976 will be most appreciated. - The rate for legal publications as set by Minnesota law is 20.5¢ per line for the first insertion, 13.6¢. per line for each subsequent. insertion. ~' Tabular matter, i.e., proper names, number, legal descriptions; etc. is ~~, 6.9¢ per line additionalfor the original insertion with no additional charge for repeats of the original insertion... We will provide at no additional charge, two notarized affidavits on each of your, publications. Additional notarized affidavits,. on request, will be furnished at 25¢ each. • All publications. should reach this office by 10 a.m. Tuesday preceeding your Wednesday publ:i.cation. ' In,order'to expedite our services to you, it is requested that you direct your. publications to the attention of Cicely Moon, Legal Department, 6601 West 78th Street, Edina, Mn. 551135. Thank you for your consideration of this, our official application for designation of the Richfield Sun as your official newspaper for the ~s'~-~ Year. Very truly yours, StTN NEHTSPAPERS, INC. James R. Ritchay Executive Vice President. t D ~ ~ l; l ~ ~ ~,~ ~y JRR:cm DEC. "`7 197 Richfiei~ City ~lanag r '~~ I ~ // CITY OF RICHFIELD, MINNESOTA Office of City Manager i Council Letter No. 19 Agenda .January 12 ,. 19 7 6 The Honorable Mayor and. Members. of the City `Council . City of Richfield I ~ `- Gentlemen: i Subject: Sound Abatement .Barriers -Wood Lake `Nature Center In September and October of 1975, the Minnesota: Highway Department held two public meetings and conducted a survey of residents regarding:construction:: of sound abatement barriers along 35W within the City of Richfield. On October 'I4, 1.975, the city council reviewed recommendations. of the • Minnesota Highway Department and city staff re5ardirig the proposed barriers. ` Tes imony was also heard from many: residents,: At that time, the council voted to defer action on a possible barrier abutting the Wood Lake Nature Center, The council directed staff to study the question further, and place the matter on the council:agenda of January 12, 1976. 'i - `The city stafif was directed to contact Mr. Les Blacklock for an .opinion and/or recommendation ;on the proposed. barrier. 'The council also directed the staff and Park and Recreation Advisory Commission to contact:residents 'of the area for their opinion regarding -a barrier along the Nature Center. The council .;finally requested - that any interested parties on record be notified by letter of the: January 12, 197.6 meeting . Findings Mr. Blacklock, who had been active in support,of the Nature Center originally, was unable.. to sp nd the necessary time studying the ques ion to make a commitment either in favor of or opposed: to the sound :abatement ,barriers along. the Nature. Center.- property. _ The city sta f resurveyed residents in the affected area: The boundaries of the survey area were drawn based on`'Highway Department guidelines for the area ;~ potentially affec ed by noise reduction through a-'barrier. ;..(The Highway Department Survey-.used a three house setback or about 600 feet.)::.. The total number of residents surveyed was 169. 122 responses were received. Of'the responses,:59 indicated ~~ - I ,. Council-Letter Nd. 19 -2- January T2, -1976 opposition to a b I trier, and 63 were in favor of the barrier; Although several options (for partial barriers along different boundaries of the Nature Center) were. considered, a general summary of the responses show an almost even division between supporters-of and opponents to a barrier,> Another consideration which emerged in the survey, and through other cor- respondence 'with; residents, was the relationship between-a barrier on the east side and one on t!he west side of 35W`. A general consensus appears to exist. that either no barrier Should be built on either side or else that`a barrier should _ be built'on botYiides. The results of the survey are. summarized on the attached tabulation sheet.; _ Recommendation ! _ The survey results indicate no clear consensus of residents. However, since. , - the Minnesota Highway Department must begin plans for the; barrier .construction if it is to be completed iri the summer of 1976, it is recommended.- that a final determination be ~~;made by'the city:Council at the January T2,~ 1976 council meeting; The question deferred by the .city council in October appeared to concern only • ,~ a barrier for the east side of 35ViT. However, the council. might also wish to consider a barrier for the west side if a decision is made supporting a barrier on the -- east side. Respectfully submit d, Wayne. S. Burggraaff City Manager WSB/bll i cc; Public Work$ Director Parks and Recreation Director ~- • Attached is a copy of the letter, survey form, and indicator map sent to the 169~residences. The following statistics indicate responses from those M surveys returned: . Total number of residences surveyed 169 Total number of responses 122 Total number of "no" responses 59 (46%) Total number of "yes" responses 63 (52%) Of respondents. favoring a barrier, the following responses were received: Total number of "just '1"' responses 7 Total number of "just '2"' responses 4" Total number of "both 1 and 2" responses 24 Total number. of responses favoring "continuous ', east" 25 ', Total number of responses favoring ".continuous west.. 43 • M N d' Q U~ ^s i ~' ^ ttttta O O J~LUTIpN ~ %'R` 2 Q U ~ ~ m =Z a~ b r~~6 -19~ 6 ^ w November 24, 1975 Dear Resident: On October 14.,.1975, the Richfield City Council approved construction, by the Minnesota Highway Department, of twenty foot (20') high .wooden sound abatement barriers along 35W. These areas are approximated by the dash line on the accompanying map. The City Council decision was -based,. in .part, on the results of a questionnaire distributed by the Minnesota Highway Department. Since then many residents have complained that they .were not contacted in this-survey. As a result of the controversy the proposed sound abatement barriers have caused, especially concerning the area adjacent to the Wood Lake Nature Center along 35W, the Richfield Park and Recrea- tion Advisory Commission decided to conduct a survey of a}1 affected residents. The Commission would like to obtain more complete statistics .for the City. Council Meeting of January 12, 1976, when the question of sound abatement. barriers adjacent to Wood Lake Nature Center will again be discussed. We ,would appreciate your completing the enclosed question- naire and returning it to the Park and Recreation Department on or be- fore Tuesday, December 2, 1975. Thank you for your concern and cooperation. Sincerely, ~,~~ ~ ~-~~ ~- Wit.. `~~ °~..,-d.,--- V /. / ad~- Stanley Christianson, Chairma n Park and Recreation Advisory Commission SC/l je telephone: 8 69- 7 5 21(612 ) an equal opportunity employer ` ~ November 24, 1975 • SOUND ABATEMENT RESIDENT QUESTIONNAIRE The dash lines on-the attached map indicate the approximate areas of the city council approved sound abatement barriers. A portion of the proposed alternates for. sound barriers in conjunction with the Wood Lake Nature Center are indicated with the "x" markings. 1. Would you be in favor of a sound abatement barrier between approximately 68th Street and 72nd Street ? Yes No 2. If yes, which alternative(s) would you prefer ? Just "1" Just "2" Both "1" and "2" . Continuous from approximately 68th Street to 72nd Street on the East side of 35W Continuous from approximately 68th Street to 73rd Street on the West side of 35W 3. To help insure that each resident in the survey area has had the opportunity to respond to this questionnaire, please complete the following: Address: 4. Additional comments: 0 o r~ a .o C N / ^ \~ l0 O f$'~ C ~ 1 O p Y t% ~ t~ t"w ~~ C ~ C .~ C ~ ~ ~ B~ L ~ 1" •_• C O L '..~ ~ d _r ~ .. 'O I (~ ~ ,. d c a - c , - '.. c _ Rr .iy m d v r ,~ / . am . ~ I 'o ' s wao ~ ~ r ~ ~ -68th Street ~ ~~,,~ # ~ j ~ 'a~ ~, , a.. s o ~° a I ~~ ,. ;~n _ / ~b~"~"s 'a . -69th Street '`''"~ ~ t Q .~'"e" M O ~ ~.~~' ;' a /.ice i . ~. r g }} ~~ ~~ a 6 k~ - 7~ '» 'A' 7"Y+t~! . r a .- i ~' ~ ~ v` I c~ +°~ ~~ ' ti' IL70treet ~~~ k. ~ ~ ~ ~..,... } ~ ~ '' ' ~ _ f "+ I i~ ~ ^ Xi ~• `~:~ . ~.. L ?1st Street ~"~ x ' ~- ~, .Q ~ ~ ~ +~: r-' k -~ 1 ~~ a ~ ~~ ~~~~~ v "2nd Street I' ~ ~°, ~, ~ ~~ p ~ ~= ``'~ ,~ ~-~ err ~ ~~ ~ -~ V -3rd Stre ~ ` ^ ~ ~ i~ A fug ~ ^I C~yi i+~ L b "~"._G ...~ i .~ _ O ", ~^ ~~ ~ ~ j ~I - e I Y,7 ,~,~ I3 CITY OF RICHFIELD, 1VIINNESOTA ` ~ Office of City Manager Council Letter No . 18 ~` Agenda .January 12 , 19 76: The Honorable;:Mayor ~~ ;, _,~ ~Q ~' and ~ ~~_" ~ _ ~'( Members of the City Council t '~~'~ 1~'1 to ~~~ ~~ City of Richfie,'ld Gentlemen: ~ ~~` ~ Subject: Renewal. of an Agreement with the State of Minnesota.-Department of Highways for. Occasional- Technical and Engineering Assistance The Minnesota `Highway Department has been authorized by the State t: E 'Legislature to iprovide occasional technical and engineering assistance. to ` cities,, :upon request. The attached copy of a technical and engineering assistance agreement prepared by the highway department: provides a; proced- ure. for utilization of such services. Services would be paEid-for on the basis ` of expenses incurred. The agreement is the same as that-authorized by the city .council ini 1975. ~' This agreement with .the highway department is not unlike several other ' ~' informal arrangements which the city has with other governmental jurisdictions . For example, -the City of Richfield annually reimburses Hennepin County for ~" painting lines on streets. .This agreement with the state highway department might be used ~o receive technical and engineering assistance with respect to city aN ned traffic signals,. or traffic signal systems, from. state traffic . engineers . While the city did not need to use the agreement during 1975, a renewal. of the agreement would provide .the flexibility to utilize highway department services should the need occur. It is recommended that the city council authorize -the Mayor and City 1Vlanager to renew the: agreement and .adopt thee. attached resolution authorizing the use of highway department services when Res ectfully submitted, ~~'~~ °' Wayne S. Burggraaff =~ City. Manager WSB/eja ~~ cc: Finance Director ` Public Works Director :r n1H0 No. 3O78Q (I I /74) - - STATE OF MINNESOTA DEPARTMENT OF H I GH4~lAYS TECHNICAL AND ENGINEERfNG ASSISTANCE AGREEMENT THlS AGREEMENT,.: made and entered into by and betyveen the State - of Minnesota-acting through its Commissioner of Highways, hereinafter referred to as.the "State", and the County or-City of hereinafter referred to as the "User", t~ITNESSETH: - - WHEREAS, -the User, as evidenced by Resolution, acopy of which is attached fiereto and-made a part hereof as Exhibit A, does hereby request the State'`to furnish #rom time to time: as needed and specifically requested, technical and engineering assistance pursuant to M.S.•161.39; and' WHEREAS, The State is authors-zed to provide technical and engineering assistance to other road authorities by M.S. 161.39, and is wilting to do so; NOW, THEREFORE, it is mutually agreed by the pareses hereto thai- - I. The State shat 1, .upon written request by the User, provide technical and engineering assistance and such other services as authorized by M.S. -161.39. 2. The Sfiate shall keep a recos-d of its costs and expenses, including overhead;: costs, in providing assis#anceand services to the User pursuant to Paragraph t above, and shah prepare an itemized statement thereof showing the amount due hereunder and submit the same to the User ' on a (monthly) (annual) basis. - 3. =The User agrees to pay to the Trunk Highway Fund of the State of Minnesota •k aiL monies due hereunder and as shown by the invoices - - or statements submitted to the User, within 30 days after such submission.. .Page No. i II { ., ,.. - Y' J l .~ ~.. tai W{Ti~tSS Y~JHE~EOFy the State and the User have caused these presecits fia be executed by their respective officers... . ;:._ COUNTY -- C i TY Oi= ~ STATE OF I~ I NNESOTA ay - ay ~ ~,..ha rman or resident ~ ommissioner of ighways ~y (Auditor or City e{^k (State Aid Engineer) Date ,. ~:. Date tCorporate Sea{). . Approved as to form and execution:~ . . By Assistant Attorney Generai) .~~ Page No. 2 RESOLUTION NO. RESOLUTION AUTHORIZING REQUEST FOR NEIDED TECHNICAh AID AND ENGINEER ASSISTANCE FROM THE MINNESOTA HIGHWAY DEPARTMENT BE IT RESOLVED, .That pursuant to statutory authority, the City Engineer for and on behalf of the City of Richfield is hereby authorized to request and obtain from the Minnesota Department of Highways, needed engineering and technical services when desirable to obtain-such services; for which payment will be made. by .the City of Richfield upon receipt of verified claims from the Commissioner of Highways.. Passed by the City Council of the City of Richfield this 12th day of January; 1976• • Loren L. Law Mayor ATTEST: .Thomas J. Moran City Clerk .~ / CITY OF RICHFIELD, MINNESOTA Office of City Manager c• ~~ Council Letter No. 17 Agenda January 12, 1976 The Honorable IVIayor and Members of the City _Council City of Richfield Gentlemen: Subject: `Housing and Redevelopment Authority Appointment Council members will recall that when the `Housing and Redevelopment - Authority commi}ssionars were initially appointed, state law required that appointments be for terms of l,_'2, 3, 4, and 5-years`. Thereafter, ail comm- issioners are toj be appointed for five year terms. A copy-of the resolution indicating the-Qctober 28, 1974 appointments is attached.. Since the adoption of that resolution Councilman Ludeman .has replaced Councilman Kenealey on the city council and Councilman Ludeman was appointed to an ..unexpired four- year term on January 13, 1975. i Inasmuch ajs Mayor Law was appointed to only a one year term, it is,- necessary that ha be reappointed to a five year term. While tk~e '.law provided that commissioners hold office until successors have been appointed, it would be desirable fo~ths action to occur prior to the annual Housing and Redevelop- ment Authority eeting which is scheduled for January 12, 1976, the same night as the council ~ eeting. State law p~ ovides that the appointments must be made by the Mayor with the approval of the .governing. body. Respectfully submitted, G~~yu~- Wayna S. Burggraaff - City Manager WSB/eja cc: City Clerk ~,~ C:E'IZ:~'I%'I.CA'l.'G 0}.~' A'1'v11vTi"iEtiL' O:E' COMi~'iISSI.OPII;RS C11 `iii: laOUSING ~'~i~U ].:}srEVELOP.1lENT AUI.'HORI7'Y OF' R.1.C11%'IL:LD~ MI~TivLSOiA (I'o be filed ~:a.t:,i ~.he City or Village Cleric, .-~ when completed a..d executedo) [a~H~~Rl:AS, the City Got.:~~ci1 of th? i;i.ty of RicL f~z:~d, Minnesota held a duly authorized regular; :^:~~~..~.rg on the 28th day of October. , 1974= and j~REAS, at said meeting tl~e following resolution was passed and adopted, R>/~OLU7"ION NOo 5238 A RESOLU`1'ION DECLARING T~T_E PdL~ED FOR A HOUSING AA'~TD P.EDEVEI.OPi~~NT AUT1i0RITy IN RICHFIELD, MIr1~iES0''~ NOW, '1'HI;REFORE, pursuant to the provisions of the Municipal Housing and Redevelopment Act of the State of T-iinnesota~ and by virtue of my office as i•Yayor I hereby appoint five (5) persons hereinafter named to serve as commissioners of the 1?ousir_g and Redevelopment Authority of Richfield, Minnesota. Tie appointed persons are to sertr'~ for the number of years appearing after their names re- spect:ively from the date o.f this certificate9 or until their • membership on the City Council, City of Richfield, terminates which ever comes firsto Majticr. Loren Lo Law , One (1} year Councilman A, P, Anderson , Tao (2)\years Councilman E, Ee.Jacobsen Three (3) years Cors~ci_iman Ge Me Kenealev , Four (4) years Councilman Vern L_~attin~er , Five (5) years Ii~I 1~1ITN11SS WHER.EO:E', I have hereunto signed my name as Mayor of the City of 12i.chfield, Minnesota, and caused the official corporate seal of said City of Richfield to be impressed hereon this 28th day of October, 19740 Mayor ~~ "i''T~'S'L ~`^------- C1 a r`tc _ / 'CITY OF RICHFIELD, MINNESOTA ' Office of City Manager ~"' ... j - Council Letter No. 16 Agenda January 12, 1976 . The Honorable Mayor and ~ Members'. of the City `Council . City of Richfield G,entlemen• :Subject: Commission Appointments - - The following appointments. should be made to fill vacancies. in various commiss~.ons wh-ich either exist atthe present time or will occur through the expiation of terms in January or early February:. ' Planning Commis s ion - - Three .full three.-year terms to fill positions. which expire January 12, 1976. Park and Recreation Advisory Commission One. vacant I~osition for an unexpired term with a termination date of .February 1, 1978.. :Three full three-year-terms to fill positions which expire February 1, 1.976.. Senior Citizens Advisor Commission Three full hree-year terms to fill positions which expire February 1, 1976. Civil Service Co mission One full three-year term which expires during the month of February, 1976.: Advisor -Youth ~ ommission One vacant, adult position for an unexpired term with a'"termination date of June. 1, .1978 . Respectfully submit , ~, QtN,~.e. • ~- F` Wayne S . Burggraaff _ City Manager 1 ~ ... I 'CITY OF .RICHFIELD, MINNESOTA 'Office of City Manager Council .Letter No. `15 Agenda January 12 , 1976 I_ The Honorable Mayor and Members of the City Council City of Richfield[ Gentlemen• Subject: Annual Appointments and- Liaison Responsibilities Tne attached list indicates the .annual appointments and ,liaison responsibilities 'normally determined by the city council at the first council meeting of -the year. Respectfully submitted, • ~. - ~~- Wayne S . Burggraaff City Manager WSB/bab ~~ ~i ~. i fi w ' ~ ' ~ 1 ~ ~" ~ b ~ to ~ O ~ Z3 ~ ~ O y O ~ 1r ~' w .~ ~- O ~ w ,~ o w a, ~. ~ - w .~ ~... ~ ,... o w m ~ ~, w ~ ..d w ~h o ~ ~, ~• ~- c~ n w ~ a a m a ~ ~ w w a ~ ~ m ~ ° ~ ~' ~' . ~ 'C ~ c ~ •c ~• •c `~ o ^cc 'C x ~rn~ ~ w tD . r-~ n r- tD (D ~' (D ~ (D (D (D ~D (D '•'i (D ~ C ~ r O ~ ¢ ~ w O K ~ ~ w CZ •w' Tn '~ ~ f r. (D w w ro w w ~* w rt. w w ~ w ~ o Q~ ~ 'L3 ~ 'd 'Z3 ~ 'CS w ~3 't1 73 ~ ~ '~ ~ ~ ~ ~ w O p O O O O. 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O ~r ~ r ~r ~r~ ~r ~ d ' m r- to m '-~ r+- cn m F.a. to m 1 'Y Q m F-- rs cn m .Y ~- m m m m m m m m ~ m' ~ ~ ~ ~ ¢ ~ a a ~ ~ ~ ~ o m ~ a ~ ~ ~ ~ ~ ~r+ ~r m r- O N r- ~ O ~ ~ ~ ~ tD . ~ ~rh ~r ~d (~ ~ ~ ~ ~ ~ ~ a ~ ~ ~ ~ ~ a ° w ~ m ' m ~- ¢ ° ~ i ~ ~ rr a ~ ~ ~ ~ f :> ~ f~ r CITY CJF RIC,H~IELD, MINNESOTA` Office of City IVianag~r i Council Letter No. 14 ~ Agenda January 12, 1976 i ~ _ The Honorable l~!Iayor' and Members of the ;City Cat:ncil City of Richfield.- ~, ~, Gentlemen: Subject: Renewal of Interceptor Sewer Maintenance Agreement - With the Metropolitan V1.Taste Control-Commission This agenda litem .provides for the renewal. of an agreement with the Metropolitan Waste Control .Commission (formerly the Metropolitan Sewer Board), to reimburse the City. of Richfield for maintenance costs on inter- ceptor sewers owned by the commission. .The interceptor sewers throughout the City of Richfield .are the property • of the Metropol.i,tan Waste Control Commission. However, the most efficient and economical ,means of insuring proper maintenance of the sewers is for the city to provide the maintenance and be reimbursed by the Waste Control. Commission. All communities within the seven county area served by the Waste Control Commission use this same arrangement. The: attache';d statement of agreement renewal provides;:for a one year extension of the'; existing agreement with the provision that an estimated reimbursement o f $2, 000 be paid in quarterly increments of $500. The basic agreement provid es that all city .costs will be reimbursed and that if the estimated reimbu rsement is not adequate, an additional. adjustment is made on an :annual ba sis. This a ree~ g ent has be r vi o en a ewed by the city staff and it is, rec mmended that it be approv ed; and that the Mayor and' City Manager be authorized to `execute the agre ement on behalf of the city. Respectfully sub 'tted, . ~~ G~~'. Wayne S . Burggraaff City Manager: WSB/s ja cc: City Attorney Public Works Director _ ,, ~~~TL ~ Twin Cities Flrea ` December 4, 1975 \_-•~~^~ l ~ Wa:yne`S. Burggraaff, City Manager ~ City of Richfield 6700 Portland Ave. Richfield, Mn. 55423 Subject: Interceptor. Maintenance Agreement for 176 3 ~. '. ~ Dear Mr, Burggraaff: We wish to renew-for another year the Interceptor Maintenance ~ Agreement No. 131 under the same terms and conditions contained in the Agreement which's presently in fcrce between the City of Richfield and the Metropolitan.Waste Control Commission- with the exception of Section 6.02, .Cost Estimate; Payments: which will be changed to an estimated to al amount of cost for the year of $2,000.00.: The payments will-be made in quarterly installments of $500.00, in March, June, September and December. • The Renewal Agreement is enclosed in triplicate for your endorse= merit. We have signed' the enclosed statement as our intention of renewing the:Agreement and. ask. that you also sign and return to us two (2) of the executed.. copies and retain one (1) for'your ! records. Should-you have. any questions or suggested changes. to the:: basic Contract Agreement, please contact us. ' Yaur cooperation in .accepting this renewal procedure is greatly aPPreciated. i~ very. truly yours, E R chard 7. ugherty ~. Chief-Administrator- ! t~, i( ' ~ ~tC~~ldt~ }~ ~~~ '~ Enclosure s ~, ~g~~S??.;u~r - ~icn~t~1~ G~~y cc: Mary Jensen,.. Disbursement .Supervisor, MWCC George, W. Lusher, Director of Operations, MWCC John Almo, Interceptor Engineer, MWGC 3so mE~rao louag~ s>~nc. 7TH 6 ROS~RTJTREETJ /RIRTPRUt ~pf1~51O1 Gl2,222•£~123: n~: ~q' _ recycled € ~ t ". '. • INTERCEPTOR MAINTENANCE`AGREEMENT N0. 131 STATEMENT OF' AGREEDNT.RENEWAL The Metropolitan Waste Control Commission and the .City of Richfield agree. to renew the Interceptor Maintenance Agreement No. 131 which is currently. in force between these parties with the exception of Section ~ 6.02,"Cost-Estimate; Payments: .which. will be changed to an estimated total amount of cost for .the year of $2,000.00. The payments will be made in quarterly installments of $500.00,. in March, June, tSeptember and " December. The terms of the. Agreement far the renewal period shall be the same as those contained in the Agreement which was. executed for the January 1, 1975 -.December 31,.1975-period. The renewal period for Interceptor .Maintenance Agreement No. 131 shall be January 1, 1976 - December 31, 1976. I That both parties agree to the renewal period and terms is evidenced..: by the .signatures affixed to .this statement. G I` '~ MMTSSION THE CITY OF RICHFIELD FOR THE METROPOLITAN WASTE CONTROL CO i (Title) Jose h trauss, Chairman ~. (Title} is and ugherty, C e A istrator Dated Dated D ~ ~ ~ X975 E~ ` - 4 CITY OF RLCHFIELD, MINNESOTA Office of City Manager i Council. Letter No . 13 b, ~ ~, - Agenda January 12, 197E The Honorable. Mayor and r Members of the. City Council City of Richfield.: Gentlemen: Subject;: Tabulation and Award of Bid for. an Emergency Rescue Vehicle-Cab and Chassis On December 2'~2, 1975 the city council authorized the call for bids on an Emergency Rescue Vehicle Gab and Chassis. Bids for this item are to be received on January, 12, 1976,, and are, therefore, unavailable at this time. i I have reserved this spot on the agenda for this item. It is anticipated that bid award for this. item will be routine and the council will' receive the council letter, bid 'tabulations and managers recommendation prior to the meeting. Respectfully submitte , WSB/bab cc: Administrative Assistant Public Safety Dixector S: G~~ Wayne S . Burggraaff City Manager r ''P C i • ~ CITY OF RICHFIELD, .MINNESOTA ' ' Office of City .Manager Council Letter No. 12 Agenda January 12, 1976 i - The Honorable. Ma'~ or Y :and ~, Members of the Ci~~ty Council City of..Richfield Gentlemen: Subject: Rejection of Bids for Aerial Ladder Truck and Request !; for Authorization to Enter into Informal Negotiations ~ At the December 8, 1.975 city council. meeting the council authorized a call forbids for the sale of an 85 foot aerial ladder truck. As the :council w311 recall, .the staff: placed a ;minimum bid on this item of $59, 000. ~, On January 2,j 1976, the city manager opened the single bid ,which had been • received for this item. That bid was .below the minimum bid price and in the amount of $48, 500'x. It is, therefore, recommended that this .bid be rejectedby the city council because it is below the acceptable minimum. . . In recent contacts with re resentatives of the Cit of Minnea ol's it a ears p Y p .~ pp i that there was confusion between the Minnea olis urchasin de artment and the- p p g p ,. ,. fire de artm a ent t the ime th p t e bid was re ared. The have conti u - b d o - n ed t em n p p Y strate interest iri the vehicle. It is, therefore, recommended that the city. council authorize the city manager to conduct informal .negotiations with the City of Minneapolis and other interested bidders in an attempt to achieve an equitable price for the-sale of the vehicle. If negotiations prove successful,, the staff will request authorization from the city council to accept that proposal at a future meeting Respectfully- submitted, ' C~/%"~.. Wayne S . Burggraaff City Manager , WSB/e)'a cc: City Attorney.. I Finance Direc o tr Public Safety Director i i CITY OF RICHFIELD - Bid Opening January 2 , 1976 AERIAL LADDER TRUCK Pursuant- to city council action of December 8 , 1.975 , a meeting of the administrative staff was` called to order by Wayne S. Burggraaff, :City Manager, who announced that the purpose of the meeting was to receive,. open and read aloud, sealed bids on an Aerial Ladder Truck as advertised in the official newspaper on December 17, 19.75 0 Present: Wayne S. Burggraaff, City Manager Tom Morgan, Public Safety Director Dick. 1Velson, Acting Finance Director Dotty Johnson, Deputy City Clerk Dick Simpson, Fire Chief The following bids were submitted and read aloud: BIDDER TOTAL BID City of Minneapolis $48, 500.00 -k * Bid excludes 9 ground ladders . Tne City Manager announced that the bids would be tabulated and considered at the regular council meeting on January 12 , 1976 . Dotty Johnson Deputy City Clerk TABULATION OF BIDS • Aerial Ladder Truck Opened: 11: 3 0 A. M. January 2, 19 7 6 BIDDER City of Minneapolis (no representative present) Includes: Tractor, 85' trl., generator, etc. TOTAL BID PRICE .$48,500.00 excludinct ladders - 9 1 ~ ' /~ CITY OF RICHFIELD, MINNESOTA Office of City Manager ~ Council Letter No. 11 Agenda January 12, ...1976' i The Honorab e Mayor `azd ,, Members of the City Council City of Richfield , Gentlemen: ~ i Subject,~~; Purchase in Excess of $1', 000 Chapter 6, Section 6.05 of the City Charter stipulates that the city. council must a rove .the urchase of mercha i e material a u merit pp, P rid s S, q p , or construction wihen .the amount: exceeds $1, 000. 'Council memibers will recall .that the emergency service :division of the public afety department has now been reorganized into a single public safety re stye . Previously the city operated-three separate and unrelated units I ~` .including: a police reserve, fire. rescue reserve- and a communications support 'unit... I Much of the ipersonal equipment and clothing items previously issued to members of the reserve is worn out and in poor condition. Therefore, it is desirable to replace this uniform equipment and at the same time coordinate clothing items so that all reserve .officers will have identical uniforms which will reflect well iboth on the reserve organization and the city. ' uo a 'o av t ti ns h e been obtained a d i ha b d h n t s een etermined that t o Q low quotation pri ~ e for necessary replacement and new uniform equipment is in the amount of $3, 920. Funds are available in the 1976 budget for this purpose and it is recommended that the. purchase be approved. Respectfully submitted, ,Q, .J , , ~~~/" _ - Wayne S . Burggraaff City Manager WSB/eja J cc: Administrative Assistant Finance Director Public Safety Director. gig. CITY OF RICHE I~`ZD , MINNESOTA / Office ~f C"ity..Manager ' Council Letter No . 10 Agenda January 12 , 1976 The Honorable Mayor: and ,, Members„ of the .City Council City of Richfield Gentlemen: ~ Subject: Purchase-in Excess of $1,000 ' Chapter 6, Section 6.05`of the City Charter: stipulates that thecity -~ council must approve the purchase of merchandise, materials;;, equipment, or construction when the amount exceeds $l 0G0 . There is one such item on the January 12,` 1976 council agenda. Hennepin County Cooperative Purchasing-has taken public bids for the purchase of fertilizer. Bids have: been received and a contract awarded. It is recommended';that 'the council approve-'this purchase in excess of $1,000 • in the amount of $Z , 939.00. Funds are available in. the apprpved 1976 budget for this purpose. . ,Respectfully su fitted, ..Wayne S . Burggraaff City Manager WSB/bab cc: Admnistrativei Assistant Park and. Recreation Director I 4 _ . _ ._ ;, .. - - - .. •I ~ r/ ' ~ . J CITY OF RICHFIELD; MINNESOTA ~ Office of City. Manager ,. Council Letter No . 9 Agenda January 12, 1'976 The Honorable Mayor. and .. ~ ' Members of the City Council City of Richfield Gentlemen• Subject: Ordinance Amendment Relating to Amusement Arcades At the request of the city council a proposed amendment to regulate amuse- ment arcades was prepared for discussion purposes.: last mon-th. Discussion of ` the>proposed ame',ndment occurred at the December 8, .1975 city council meeting. The city attorney has made certain revisions in the .proposed ordinance as a result of the December 8 discussion and the ordinance, of which a copy i • attached, is nowlbeinq presented for first reading .consideration. i It is recommended that the city council give first reading considera ion to the proposed. ordinance . ~, Respectfully submitted, ~?'~/""~ Wayne S. Burggraaff City Manager WSB/eja cc• City Attorne • City Clerk Public .Safety Director j J :.y AMENDMENT TO CHAPTER V, PART hI OF THE ORDINANCE CODE OF THE CITY:. OF RICHFSELD, MINNESOTA CITY -0F RICHFIELD DOES ORDAIN:. Chapter V, Part II of the ordinance .code of the city of Richf ie1d, Minnesota relating to amusement, and recreation is I~ hereby amended by adding Section 5.1? to read as followsc ~~ 5.17 ARCADE S Subdivision l . Def inton. For the purpose of this section the term arca e shall mean any: ui ing, ,structure ~~ ~or tract of land' which has as its principal use or activity the providing. of any of he following or any combination of any of the following amusements: I, (1} Billiard, -pool or pigeon hole tables ~ Pinball machines Shooting gallery"machines Any other mechanical- or electrical device which • is designed to be played by ~. contestant or can- testants and upon which the contestants receive a -score or satin based u on their erformance. g P _P ~ Subd. 2. License Required. No person .shall operate an arcade without -first paying a license fee and obtaining. an Navin a current license as herein provided. The license required under this section shal e in ad tion to .any icense or licenses required to be obtained for any of the amusements escr~:bed" in Subdivision. 1. Subd. '3. Ap lcation. An erson desiring to operate an arcade or to renew his license to conduatsuchactivity sha l i e :with the clerk an application on forms provided by the clerk-for that purpose. Thee: application form shall contain t e following, together with any other information which the manager may< require: ~' (1} Name and address of applicant Address of he ro osed arcade P P . ~ The nameand address of all persons owning or having an interest in the.. licensed. premises. In the case of a corporation this: shall include the-names and addresses of the officers and directors of the -corporation and all share- holders who own alone or in conjunction caith t eir spouse or children more than 0a,o t e issued shares of corporate stock. (4) If the licensed business is owned by a corporation, a copy of the certificate o .incorporation, artic es of incorporation an by- aws o t e corporation. (5) The name and address of the person who will manage or supervise the licensed activity. (6) Ydhether any of the persons listed im paragraphs (1) , 3), or 5) of this su ivision, ade een engage in the. business of operating an area e in t e ast ive years . (7) YJhether any of the persons listed in paragraphs (1), 3 or 5) of this subdivision have een convicte of a crime or have had an application for an area e license denied, revoked or suspende within t e ast five years . ~ Subd. 4. License Fees and License Period. The license F shall. be for the calendar year or reMaining portion t ereo~. s The license fee shall. be 100.00 _or suc perio T e entire )fee shall accompany the application an suc ee s a e refunded .only if the application is wit raven e ore council consideration of the application. Subd. 5. Granting. of Licenses. (1) All .applications for licenses. shall be referred to the • ,~ubl~_c safety_ director and to .such of er persons on t~ i~ e city staff as t e city manager s ial eem neces- sary -for investigation and recommen anon. T e .persons to whom an application as een re erne shall make their report an recommen ations in writing. (2) Upon receipt of the written reports and recommendations the city manager shall cause to e pu is e In t_ e official newspaper, at least 10 davs in a vance, a notice- of public hearing to be held by the city. council setting forth the day, tzm.e an pace wen t e caring will be held,. the nameo t e app icant an t e oca ion where the. business is to e con ucte . (3) The application together with the city manager's recommendation shall e su mute to t e city council. at the hearing. 1.~fter the hearing t e counci may grant or deny the license. In granting the license, the council may impose special conditions if it deems . sue conditions- to be necessary because of particular circumstances related to the application. Subd. 6. Ineligibility for License. Existence of any of the following conditions shall render the applicant ineligible. fora license. -2- L _ (1) If either the applicant. or the manager -of the licensed usiness is: a. under 21 years of age an alien c . a fore gn corporation (2~ If the. applicant, manager, or persons owning the licensed activity: (a) is not a person of good moral character and repute (b} a~ been convicted of an offense which relates to the conduct of the licensed business (c) has operated a similar business elsewhere which operation did not substantially comply with the _. - f ~ < provisions o this section relating: to the manner in which the business is conducted (d) has been denied a'license to conduct alike or similar activity or has had such license sus- pended, revoked or canceled. '--~ . (3) If the manager or person supervising the licensed activ~.ty is not a resident of the city of Rich field. Subd. ~ . Conditions of Lcensure. The fol3owing conditions shall govern the issuance and holding of all licenses granted pursuant' to this .section: (l) ' Only premises which are within the general commercial districts of .the city may be license . (2) No arcade established-after November 1, 1:975 may be ocated on land which is adjacent to residential or multiple residence districts within the city. (3) 'Arcades shall' be closed at 10:00 p.m. each day and shall. not-open until 9:00 o'clock~a m. of the following ay • S~Q ~. ~ ~-~ v~-w.~...~ ~~ ~z. ~lcx~ir~ (4) The consumption of alcoholic beverages, whether classified as intoxicating or non-intoxicating, .shall .not- e • permute on-any part of the icensed premises. ~1y. (5) No person under the age of 17 -years shall be permitted ~,`y' to terrain on any part of -the licensed premises after ~ ~~ :00 O.clock p.m. unless accompanied bv_ his parent or egal guardian.' (6) ~'o person .under the age of 16 years shall be permitted ~ Y to enter or remain upon any part of the licensed ~~~,,,,, premises unless accompanied by .his parent or legal guardian. -3- (?) ~ Adequate off-street parking shall be provided for patrons of the premises in compliance with the provisions of Richf zeld Ordinance Code Section 4..05 . (8) The licensed premises shall. fully comply with all applicable state and local regulations dealing with ealth, zoning and building requirements. C9) The licensee shall be responsible for maintaining or er on all parts of the icensed premises. (1.0) Only amusements with a current valid Richfield license sticker. attached may be of eyed for use or kept on the icensed premises. C11) No wagering or betting .for a consideration or any • other gambling shall be permitted on the licensed premises. Cl2) The licensed activity. shall be conducted and located so as to not be injurious to or to attract or draw conditions which are-injurious to other property... in the area of such licensed activity; or which are furious or annoying to the occupants, guest or matrons of such properties. Subd. 8. Bond. (l) At the time of filing an application for license under this section, the applicant .shall file a bond with corporate surety with. the City Clerk. Suc on shall be in the amount of 1, 000.00. (2) The. surety on the bond shall be a surety company duly icensed to do business in the State of AZinnesota. All surety bonds shall be approved by the City Attorney as to form and execution and deposited with the City Clerk. C3) All such bonds shall be conditioned as follows: a. The licensee shall obey the laws relating to the licensed: business. b. The licensee shall pay to the city when due-all __._ taxes, license fees, .penalties and of er charges provided by law. c. In the event of violation of any law relating to the business far which the license has been granted,. the bond shall be forfeited to the city. • C4) - All such. bonds shall be kept in full force and effect throughout the license. perio . _4_ Subd. 9. Revocation or Suspension of License. The license may be revoked: or suspen e y t e city manager whenever _the licensee, its owner, manager, or employees or agents of the icensee have engaged in any of the following conduct: (1) Fraud, deception or misrepresentation in connection -wit 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 of an offense involving moral turpitude by any--court of competent jurisdict-ion. (5) Failure to comply with any of the .provisions of this section or. engaging in conduct which would- be grounds - for denial of an initial a plication for licensure. i. The matter shall then proceed as provided in Richfield. Ordinance Code X5.14 Subd. 4. Subd. 10. Existing Arcades. The operator of any, arcade which is in o eration on' or before. the effective date of this. section_sha11 make application or-a license to continue the operation of ° such place of eneral amusement. Said ap lication s' a1.1 be made not later than 60 days following the effective .date of this section. If the application for license is made within that period, the activity may continue until the council shall have. acted upom the application. Subd. l1. It is unlawful to falsify an .application for an arcade license, to operate an arcade while the licensee is ineligible .for a license, or operate an arcade in violation of any of the conditions of licensure. Passed by the City Council of the City of Richfield, Minnesota. this ~ day of , .1976. ATTEST:. Mayor A_ I CITY OF RICHFIELD, MINNESOTA _ ~7ffice of City Manager - f ,~, .. ~ Council Letter No. 8 ~~ I Age"nda January 12 , 19 76 The Honorabl2~ Mayor and Members of the City Council City of Richfield i ..Gentlemen: Subject: Ordinance Amendment. to City Nuisance Abatement Provisions ~ At the December 8,,.1975 city. council meeting the city council: i approved first reading of an ordinance regarding the abatement of plant and tree diseases. The council will recall thatthe amendments were proposed so that the Richfield ordinance might more accurately- reflect ~ .~`'.state requirements for nuisance abatement. ,~ ,. o It,~ is reco mended that this ordinance amendment be given second reading .consideration nd be adopted at the January 12 , 1976 council meeting : A copy of the or~ finance is attached. 6 , ~r Respectfully submitted, ~V Wayne S. Burggraaff ; ~ / .., , City-Manager- ~ . .._ WSB/eja k cc• City Atto ey ~. Environmental Health Director Public Works Director , AMENDMENT TO CHAPTER IV • SECTION 4.11 OF THE ORDINANCE CODE OF THE CITY OF RICHFIELD CITY OF RICHFIELD DOES ORDAIN: Chapter IV, Section 4.11 of the Ordinance Code of the City of Richfield relating to control of plant pests, is amended by amending sub- divisions 9, 10, 11, 12, 13, 14, 15, and 16 to read as follows: "Subd. 9. Abatement of Plant Pest Nuisances. In abating the nuisances defined in this section, the forester shall cause the infected tree or wood to be sprayed, removed, burned, or otherwise effectively treated so as to destroy and prevent as fully as possible the spread of plant pests. Such abatement procedures shall be carried out in accord- ance with current technical and expert opinions and plans as designated by the commissioner of agriculture. [ Subd. 10. Procedure for Removal of Infected Trees and • Wood.) Whenever the forester finds with reasonable certainty that [the infestation defined in Subd. 5] shade tree disease exists in any tree or wood [ within a public way or boulevard] in the city, he shall [proceed as follows: (1) If the forester finds that the danger of infestation of other trees is not imminent because of dormancy, he shall make a written report of his findings to the council which shall proceed by (a) abating the nuisance as a public improvement under Minnesota Statutes, Chapter 429, or (b) abating the nuisance as provided in Subd. 11 of this section. (2) If the forester finds that the danger of infestation of other trees is imminent, he shall notify the abutting property owner if the nuisance is on public street right-of-way, or the owner if it is on private. property, by certified mail, that the nuisance must be abated within a specified time, not less than five (5) days nor more than ten (10) days from the date of mailing such notice. [The forester shall immediately report such action to the council, and] After the expiration of the time limited by the notice, he may abate the nuisance and shall do so within not more than twenty (20) days of the date of such notice. [ Subd. 11. Council Action, Hearing. Upon receipt of the • forester's report required by Subdivision 10 (1), the council shall by resolution order the nuisance abated. Before action is taken on such resolution, the council shall publish notice of its intention to meet to .consider taking action to abate the nuisance. This notice shall be mailed to affected property owners and published once no less than one (1) week prior to such meeting. The notice shall state the time and place of the meeting, the streets or properties affected, the actions proposed, the estimated cost of the abatement, and the proposed basis of assessment, if any, of costs. At such hearing or adjournment thereof the council shall hear property owners with reference to the scope and desirability of the proposed project. The council shall thereafter adopt a resolution confirming the original resolution, with such modifi- cations as it considers desirable, and provide for the doing of the work by day labor or by contract.] Subd. [ 12.] 10. Records Maintained by Forester. The forester shall keep a record of the costs of abatements done under this section and shall report monthly to the city manager all work done for which assessments are to be made, stating and certifying the description of the land, lots, parcels involved and the amount chargeable to each. Subd. [ 13.] 11 . Special Assessment Procedure. On or before September 1 of each year, the clerk shall list the total unpaid • charges for each abatement against each separate lot or parcel to which they are attributed under this section. The council may then spread the charges or any portion thereof against the property involved as a special assessment under Minn. Stat. 429.101 and other pertinent statutes -for certification to the county auditor and collection the following year along with current taxes . Subd. [ 14.] 12. Spraying of Trees. Whenever the forester de- termines that any tree or wood within the city is infected with dutch elm disease, oak wilt or other plant pests, he may spray all nearby high valued trees, with an effective pest destroying concentrate. Spraying activities authorized by this section shall be conducted in accordance with technical and expert opinions and plans of the commissioner of agriculture and under the supervision of the commissioner and his agents. whenever possible. [The notice and assessment provisions of Section 7 apply to spraying operations conducted under this section.] Subd. [ 15.] 13. Transporting Certain Wood Prohibited. It is unlawful for any person to transport within the city any bark -2- t s bearing elmwood without having obtained a permit from the forester. The forester shall grant such permits only when the purposes of this section will be served thereby. Subd. [ 16.] 14. Interference Prohibited. It is unlawful for any person to prevent, delay or interfere with the forester or his agents while they are engaged in the performance of the duties imposed by this section. " Passed by the City Council of the City of Richfield this 12 day of January, 1976. Loren L. Law Mayor ATTEST: • Thomas J. Moran City Clerk -3- CITY OF RICHFIELD, MINNESOTA Office of City Manager Council Letter No. 7 Agenda January 12, 1976 ~ The Honorable Mayor and Members of the City Council .City of Richfield Gentlemen: Subject: Request for Variance to the Rear Yard Setback Requirements in a Commercial Zone Mr. Michael Voosen, 753:2 Lyndale Avenue South (Minnesota-On-Line) is requesting a variance to he zoning regulation Section 3.32 Subd. 4 para. (4), which requires a minimum 25 foot rear yard. The request is to allow construction of a .roofless structure around an existing air conditioning condensor fan for noise abatement.1 A request for variance must be judged in accordance with the conditions set forth in_Section 3.:40 Subd.'6, of 'the city code. If the. conditions • for granting: a variance are present on the property,, the Council may grant the variance. If all she conditions are not- present on the property, the Council must deny the varianc~. BACKGROUND Land Building Zoning Regulations Parcel - 4O X 135.:98 40 X 80 N/A (5,,439 sq ft.) (3,200 sq. ft.) Existing Setbacks rear yard 25.9 rear yard 25 front. yard 40.0 front yard 40 Proposed Setbac s rear yard 14.9 Zoning/Land`Use- C-2 Commercial/commercial Surrounding 'Land Use Land Use Zonin N-Commercial C`-2 Commercial E -Commercial C-2 Commercial W-Residential Single Family Residential S-Commercial C-2 Commercial.. __ L. Council Letter No. 7 -2- January 12, 1976 'j Minnesota-~n-Line is a service firm located at 7.532 Lyndale Avenue South. The firm sells computer time- and services :to various companies in the area,. The computer sys ems and circuits must be cooled which is accomplished by a 15 ton air conditioner: The air'condtioner is used at intervals throughout the.- .day and night.. T!he three conden or -fans. for the air conditioner are located i ind the b ildin se crated from homes b an alle beh u y Y g, p I The condensor fans were installed in `March , 197:5. Very shortly after their installation, the .city began receiving noise complaints-from residents-across the alley. At the request of the city, the Minnesota Pollution Control Agency (P.C.A.) - conducted a noise survey at 7537 Aldrich Avenue South- (a home located directly behind the applicants building) :on July: 15 1975 between 10c00'a.m.'and 11:00 p,m. " The P.G.A. monitoring indicated that the nightime overall .sound level in the area violated P.C.A. noise `standards. STAFF REVIEW AMID FINDINGS This application has been reviewed ,relative to~ the following conditions set forth in Section 3!.40, Subd'. 6 of the City Zoning Ordinance: 1. That there are special circumstances cr conditions affecting the particular ~ • land, building or use referred. to in the. application, not common. to other properties in this or similar districts. There, is a special circumstance or condition which. affects this property which_s not common to other properties in similar districts. This 'special circumstance is the location. of the air conditioning unit in -the rear-yard. Due to .the size of the unit-and the. noise generated from it there is an environmental impact on the adjacent reside-ntial: - homes. 2. That thelgranting of the application is necessary for the preservation and enjoyment of .substantial property rights. :The denial of this variance` request does preclude- the :applicant from continuing to use the air conditioning without the sound barrier. - Conformance with state environmental quality regulations require. sometform of noise abatement. 3. Thatth~e I rantinc,~of the application will not materially and adversely affect th ealth or safst of ersons residin or workn i in the nei hbor- hood of he property:-and will not be detrimental to the public welfare or .injurious to prcperty or_improvements in the neighborhood. i T' i Council Letter No. 7 -3- - January 12, "1976. Findings 1. The air conditioner operates inter~nittenly 24 hours a day. 2. In April of 1975, a petition signed by nfne residents asking the city to stop the inoise and vibration nuisance was received . 3. Present -sound level exceeds, state noise standards as determined' by the _. P.C.A. STAFF RECOMMENDATION This application does meet the three conditions ?ecessary for granting a .variance. It is, ;therefore, the recommendation of staff that the City. Council. grant the variancs with the following stipulations; 1. That the structure be roofless and for the containment of the air conditioning unit only; . 2'. That the''structure be sided with the same materials used on the main • building. - 3. That the entrance to the structure be secured at all time.'. PLANNING' COMIVIISSION REVIEVII On December'23, I975, the Planning Commission voted 8 - 1 to recommend a royal of the variance with the followin sti ulations: g p Pp l: That the istructure be roofless and -for the containment of the air conditioning i i unit onl Y ;: 2. 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I c, _ _. ' ~ ~ -------`_"". __........... _ ~ 1 ~` the same general character shall not be considered to be local service businesses and shall. not be permitted in the "C-1" district: • ~ (a) Electrical, appliance shop; (b) Plumbing and heating shop; (c) Printing shop;. (d) Furniture shop; (e) Interior decorating and .upholstering shop; (f) Theatre; (~) Hotel; (h) Funeral home or mortuary; (i) Garage; (j) Used car lot; (k} Filling station. (7 )'- ~.ny other use may be permitted ~~hich is determined by the council pursuant to the provisions of ,Section 3.40 of this chapter to be of the same general char- acter as the uses listed as permitted in this section; provided that such use is not specifically prohibited in this section. Subd. 2. Specific Conditions - Off-Street~Parking, etc. (1} No overnight or ~ieekend parking of truclcs or truck trailers, or trailer^ in.excess of one-half (1/2) ton in e~eight is permitted in the "C-1" district. ..._..- ..; (2 ): The businesses specified as permitted shall be conducted ~~holly within a completely enclosed building, loading; goods shall consist of stored, processed or sold ~~hich noise, vibration, refuse matter Subd. 3. Hei~h-t neeuir.ements. ed or structurally altered L-o e . to modifications and exceptions except for permissible off-street parlcing and primarily ne~•~ merchandise; goods shall not be are objectionable by reason of odor, dust, fumes, or ~•~ater-carried ~~aste. In a "C-1" district, no building shall be erect- xceed three stories or 40 feet in height subject provided in Section 3.39 of this. chapter. Subd. 4. Lot Area and Yard P,enuirements. The follo~~ring minimum renuirements apply to all buildings hereafter, erected or structurally altered in a "C-1" . district, subject to modifications and exceptions provided in Section 3.39 of this chapter. (1) All d~•rellings shall conform to the requirements of an "R" district as set forth in Section 3.30 of this chapter. (2.) Front Yard: Each building shall have a front yard of not less than 40 feet, and shall have a greater front yard ~~here renuired under the provisions of Section 3.39, Subdivision 2, Paragraph (2). If the building let abuts upon more than one street the area bet~~een the building and each of such streets shall be regarded as front yard. (71-1, l/2~/71) (3) Side Xard: Plo side yards shall be re^uired except as follows: (a) On a corner lot adjacent to a lcey Iot in a residential district there shall be a side. yard adjacent to the street of a ~~~idth er_ual to not less than one-half the depth reruired for front yards on the lots to the rear of such comer lots. (b) Along that side of every lot in a commercial district bordering. upon property in the "R" district, there shall. be a side yard of not less than is feet. (4) Rear Yard: .There shall be a rear yard in every lot in a "C-1" district e^uaI to 20% of the depth of the lot to a maximum required depth of 25 feet .for such lot, provided. that such rear yard may be reduced one foot for. each one foot of front yard provided in excess of the minimum renuirements for front yard set forth in this code for a '?C-1" district and provided that said rear yard must be at least ten feet. No rear yard bordering upon an "P." district-shall be used ~~ ~ 1/2s/71 GG. ., ~ ' F .. fo-r,s~orage, loading, unlos.ding or. similar activities. -3.33. USE P,EGU?•ATIOi~?S FO: "C-2" GE111JR11L COi•`NiEP.Ci!`~=, DISTRICT. Subd?vision 1. Permitted Uses. In a General Commercial district, unless otherwise provided in this cha,~ter,.~ the folloT~~ing uses are permitted (1) Any. use permitted in an `' ~ ° district o-r an °i1~IRt7 district-upon compliance ~•rith the procedural renuremeni~s for such district provided .that"no one-family, I, t=~o-family or multiple-family dwelling shall be constructed in this district without ~ first obtaining a special use permit therefor in accordance with provisions of Section 3.[~l. ,I (2) .Any commercial-use permitted in a °1C-1i° district, subject to the procedural • re:~uirements contained in this section. ', (3) P.etail stores and shops, including soda fountains. ', ([;.) Financial institutions, telephone and tele-raph`offices, messenger offices and professional offices. ~ (5) Carpenter, furniture repairing and upholstery shops, book binding shops, ', d_~ess making shops, shop repairing o-r dyeing shops, ne~~~spaper and job printing establishments,.elect-rical, tinsmithing, plumbing, decorating shops, self service laund;:ies and outdoor advertising signs.. •- (6) Tree trimming services.provided-that such services do not include storage accumulation or keeping of ~•~ood or tree trimmings~on the premises., (7) Accessory uses ar~d structures incidental Ito any permitted use, but not I, including the open storage of equipment or materials. ', 5ubd. 7.. Uses by Special. Use Permit. The follo~•~ing uses shall be permitted only. upon the procurement. of a special use permit pursuant to Section 3.41: (1) 'Unde-rta~cing establishments. _ . (2) hny drive-in business ~•7here people are served in automobiles, (3) C.utomobile camps-and courts.. (4) Hotels, motels, restaurants,. cafes, gasoline service stations, service station stores, public ga-rages, car sales lots, and theaters. No service station may be converted into a station store ~,~ithout a special use permit for such use issued in accordance ~.*ith Section 3.41 of this code..(1973-21). 2-11-7[~, (5) Other business uses which are determined by the Council to be of the same ger_eral character as the uses enumerated in thi s section and ~,~hich ~,aill not be obnoxious or detrimental to .the area in eahich they ~~~ould be located, Subd, 3. Regulations P.~lating to Gasoline S°rvice Stations, Public Garages and Car Sales Lots. A special use permit for a gasoline service station, ~ public garage or a car -sales lot shall not 'oe granted unless the council finds. that the proposed use c•Till be in substantial compliance with the following standards: (a) fihe use site ~•~ill not abut a lot oahich is in an "R" district. For the purposes of this paragraph, a lot zahich merely adjoins the use site at one corner ~•rill not be deemed to abut the site. (b) The use will not create undue traffic hazards or traffic congestion by reason of the turning movements .which vehicles would make in entering or leaving the site. • (c) No driveway, at the point it crosses the property-line of the site will be t,~ithin-40 feet of an intersection. An 1'intersection1t as used in this paragraph means the point of intersection of the extended curb-lines if the curbs on the near side of the site, and measurement shall be along such extended curb lines. r 67 " ~ _ .. ° .. ~.. ~~, ~;, ~ CITY OF RICHFIELB, MINNESOTA ~/ Office of City Manager Council Letter No. 6 Agenda January 12, 1976 ~ ~ '~ ' The Honorable ~,lVlayor and .Members of the City. Council I ..City of Richfield .Gentlemen I Subject. Request for Special. Use Permit-for a Motel ii at 7636 -..7.64.4 Cedar Avenue 'I Mr. John Prest, 18028~ Priory Lane., Minnetonka and a Mr. Wilbur ~. F. Stewart have submitted a request for a special use permit for a rr~otel at 7636 - 7644` Cedar Avenue. The applicants propose t~ ron~~e;rt twa ' existing apartrr~ent buildings on this property to a bLdget motel estab- " lishment. The .following. items are attached to this council letter and ~wi'11: be i' ~ referred to throughout this report: ~ ~ n 1. 'Exhibit A, which shows the current zoning of the proposed motel) site and the immediate surrounding area'. I 2. Exhibit B, which shows. the current and. use in the .area o£ the proposed motel site . 3. Exhibit C, which is a copy of the municipal code regula- tionsrelating to special use permits for motels. 4. Exhibit D, which is a proposal site. plan preparad by the aPPlrant. - 5. Exhibit E, which is a copy of a letter from the Metropolitan ' Airpo ' s Commission commenting- on the proposed use of the site . ' 6. Exhibit F, is the planning :commission-minutes covering: Comm- "issio review .and recommendation. of this application. Council Letterj'No. 6 -2- ~ January 12, 19:7.6 APPLICAr1TS_ PROPOSAL Tne -applicants propose, through the. process.. of remodeling and new construction, to provide a` budget motel consisting of 95 motel units and a manager's apartment. The proposed motel units would .consist of approximately ';3.00 square. feet each. Thera would be no rrieeting room facilities, restaurant facilities or recreational facilities (other than the existing swimming pool) included in this project. The applicants have tentatively plajnned that this would be `a Cricket Budget 1VIote1 although it is our understanding .that no final agreements have been entered into as of this time. Room ra a"s are anticipated to be $13.75-per night for. a single room and $15.75 per.: night for a double room. Extensivel;interior remodeling would be conducted by the applicants to convert-thee exi-sting apartment units into motel units. In addition, a new building as shown on Exhibit D would be constructed:: to connect the wo' existing buildings . This new building would contain -a two -story lobby area. with motel. rooms on the third floor. The applicants propose to retain she existing swimming pool, but replace the present green area located to the ' outh' and southeast of 7644 Cedar Avenue with additional off-street park3~ng spaces. Additional landscaping- would be added in certain locations around the existing parking lot .and the proposed parking lot addition . -The applicants propose to advertise the motel by constructing.. two • ~ roof: top signs which would be visible from the highways located to the south and east of the! proposed project site.. A pedestal sign would be located on the -Cedar Avenue :frontage road.. The applicant anticipates that most motel traffic-would use the I494 -and 12th Avenue- exit and access- ramps .although there would probably also be some use:. of highway 36'ramps at Diagonal Boulevard and 66th Street. The remodeling in the existing apartment building and' construction of . `-the new building would all be done in accordance with current city con- struction codes including the installation of a fire prevention sprinkler system. throughout the entire complex. CODE REQUIREMENTS The municipal code permits motels as a use in a C2 general commercial -zone upon the issuance of a special use permit. The special use permit regulations area attached and identified as Exhibit C. The ordinance provision provides that a :special use permit for this .purpose cannot:: be granted unless the city councii .finds that the proposed use will be in substantial compliance .with. the standards contained in the code and shown. on Exhibit C. I _. .Council Letter) No. 6 -3- ~aa~:~~r'~,, 12 ,`-1976 STAFF REVIEW AND RECOMMENI3A~'ION ;~ -: The existing apartment buildings at 7636-and 7644 Cedar Avenue are located: on land presently zoned C 2 General Commercial ~~ indicated by Exhibit A. Therefore, the applicants are eligible to submit an application for a special use permit for a motel on the .property. This land has been zoned C2 Commercial since at leash 1952. The exist'Iing land uses shown on Exhibit. B indicate that the site is bounded by 'ap rtment uses on the north, a city street and highway on the east, commercial uses on the south,. and a public park on the west. The application has been reviewed by the interdepartmental review committee for the purpose of insuring that the applicants would conform with the construction .code requirements and other. site.: requirements.. The applicant has been advised that it will be hi responsibility to engage: in some storm sewer. construction to prevent water- runoff from the" proposed off-street parking area addition fromrunning into Washington. Park. The applicant `has"advised that he is prepared to meet all of the construction code re- 'quirements. , The details relating to a variety of information items on this proposed ,_ project are shown in the following table: i~ Zoning Ord Item - Existing Proposed Require. Land- 58,000 sq.ft. same N/A Building 82 x_55 {4, 5.00 sq. ft.) existing plus N/A 105 x 55 (6, 000 sq. ft.) 1, 240 sq. ft. 11, 740 sq. ft. MR Commercia 1 N/A C-2 C-2 Allowed in C-2, ~ 55 88 I:00 2.10 Average. 210 Ma~imurn N/A 1-2 5-10 N/A. Land Use .Zoning i Parking Stalls ~ Vehicle Trips Employees The propo Runway 4/22 a a letter from the tie airport is a that the propos, ed motel site is located directly. under the .:center .line for the Minneapolis-St. Paul International Airport. A copy of MAC concerning the proposed development in relation to ttached a.nd identified as Exhibit E.' UVhle the letter concludes ~d motel may be incompatible. with the present" and future Council Letter;No. 6 -4- jan~ry 12,1976 operations at the airport., it could also be possible to make an argument that a motel use would be more desirable than the existing apartment:.. dwelling. use from the standpoint of environmental impact from airport and aircraft operations. It should also be noted that approval. of this special use permit would result in a reduction of 39 single 'family dwelling :units. in he City of Richfield The city's guidelines for off-street parking would normally require that the .proposed motel project provide '100. off-street parking spaces. The applicant proposes to provide 88 off-street parking spaces using existing ' stalls and''the additional stalls provided by the new off-street parking space 'at the. south e.nd of the site. The only realistic alternative to provide the additional parking stalls would be to replace-the existing swimming pool i with off-street parking space. However, it-is the opinion of the staff that !, while limited off-street .parking could potentially be a problem in the future, it would not merit the. elimination of the swimming pool. The.. applicant makes the. argument-that inasmuch'-as the motel is quite close to the airport that it is quite possible some customers may use airport limousine or taxis .rather than the r own or rented vehicles. The applicant has not as yet sub- ` matted an off-street parking contract. application, but if a,speciaL use permit i is granted, it ~ivould be necessary for such an application` to be submitted and approved b~,efore construction could be started. The staff agrees with the applicant in that most motel traffic would probably' use the I494 and 12th Avenue access roads. Some traffic :could be expected to use the ramps at IDiagonal Boulevard and 66th Street for Highway 36. Traffic on-.city .streets could be expected to use: 78th Street, 77th Street and Cedar Avenue. ~ It is anticipated that there would be no substantial difference I~~~ in traffic volumes generated by the proposed motel. and that generated by the i present.apartment structures.. I Inasmuch s access does present somewhat of a problem, 'the applicant. proposes to co struct two roof top signs which would b e visible from 4 .: Highway 36 an I494. This proposal is of concern to he staff inasmuch as there presently'are.no roof top signs in this immediate area a1 d the area to the soutYi s ,well. developed commercial office buildings . Staff Recomme ~dation ~- Although t ere are certain problems related"to this project in terms of parking and str~et access,, it is the: opinion of the staff that the issuance of:the special ~ se permit would not. have a detrimental effect or be injurious to other proper~y in the immediate neighborhood. The major motel project `concept appear to be in substantial compliance with the. standards governing.., issuance of a pecial use` permit. for a motel. Council Letter'~No. 6 -5- January 12, 1976 PIJANNING .COMMISSION RECOMMENDATION The application for a s ecial use ermit Was considered b the lan in P p _ Y p n g commission at the commission'°s December 23, 1975 meeting.. A copy of the planning commission minutes are attached and identified a Exhibit F. k Notices were sent to property owners. within. a 350 loot radius in accordance with city council policy and there was representation at the planning comm- ission meeting~~frorn apartment property owners to the north. While the-planning commission was concerned. with the lack of sufficient parking and access to the property:; the commission did recommend that the special use permit be issued with the following stipulations: 1. New off-street parking. contract be submitted and .approved. ' 2. That a ~ ditional landsca in be accom lished. P g P ,;- SUMMARY In summary, the staff recommendation and the planning commission .recommendation support the issuance of a special use permit for a motel at thfs location. 'However, the city council may want to consider deferring final action on this application until the applicants are in a position to provide i more certain and specific information concerning the affiliation of this motel C: • with a mayor m Intel corporation.. This would depend on the kind of inform- ation which the applicants are in a position to present at the January 12 hearing and wh ther in the opinion of the city council this is a :major issue. ' In addition to the. stipulations recommended by the planning commission, it fs the recommendation of the city staff that the council consider adding the following t~ o stipulations as part of .the issuance of a:ny special use permit: 1. That no roof top signs be permitted as part of this project, and that al~. other signing be constructed in such a way so as to -not .adversely affect the surrounding neighborhood.. 2. That the special use permit specifically limif the use of the building to a motel and prohibit any other commercial or business activities from being conducted on the premises. . Respectfully submitt ; _ Wayne S. Burggraaff City .Manager WSB/e j a cc: City Attorney Planning Director ,~ ti ~ } t t 7 ~: a ,~.r ~ . t ~ ~ ~ F ~ !' ", ~ ~ y f ~ ~ x { _"' ~.~ ~.~-.set.. I IS°'te ~. 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I~ 1.1J i ~` (d) The station or garage ~ail.'1 not display any banners, no~7y ribbons or similar attention-distracting or visibility-obscur.i_ng devices in the - area in front of: building setback lines. .~ st=reet uaill be 120 feet and the on an .he miniroum frontage y e ~ _ . minimum area of the site will be 12,000 square feet for a station with lour pumps or less;~aud stations ~•~ith more pumps will have sufficient additiona l frontage area to provide equivalent and sufficient space for servicing vehicles, for off°street parking, for sale vehicular approaches. into the station, and for good visibility for pedestrians and drivers. (f): No driveway will be flared outtlard on the boulevard in. such-a way as to encroach upon the boulevard of adjacent property. (g) ,The station or garage will comply with the off-street parking, sign construction and other r.egulatior~s of the city.,.. ,_ (h) Any required buffer or screening area will be so constructed as to obstruct headlight beams of automobiles on the station property from beaming onto adjacent. residential property. (i} `Pump islands oai11 not be so close to street or adjacent property Ii.nes as to create the-likelihood of encroachment by vehicles upon street ,,. right-of-way, sidewalk areas or adjacent property.' (j) Only one permanent deL'ached ground display sign, pedestal tyF~e may be erected on the street frontage at or near the prcperty line adjacent to the street, except that if the frontage Qh the 'sl;re0u . is 3.n :excess -of 150 feet, two such sign;, may be a1lo~aed by the council on such frontage, subject to any other applicable sign regulation. ' (~.~. AlI exterior lighting will be so designed, placed and operated _ as not to be a nuisance `.o adjacent properties. (1} If the station or garage is to be located in a shopping center or other integrated development, it will be in architectural harmony with the rest of the center or development. ~(m) 1~he station or garage will not provide for the outdoor operation of lubrication equipment, hydraulic Iifts or service pits, or the outdoor .display of merchandise; but the outside underground storage of gasoline and :other petroleum products between. pumps, or the temporary display of merchandise within 4 feet of the station building is permitted. (n) If the station or garage is not to be located on a county road or state highway, i.t shall not be operated bet~4~een the hours of 11:00 p.m. and 6:00 a.m, of the following day. (o) If the site is at an intersection, provision will be made for an unobstructed area on t;he site, adjacent to and within 50 feet of the inter- section, free of vehicles, signs (other than a pedestal sign), displays or other materials which tend to obstruct intersection visibility. Subd. 4. Regulations Relating to Hotels, Motels, Restaurants and Cafes. A special use permit shall not be granted for a hotel, motel, restaurant or cafe unless the council finds that the proposed use caill be in substantial compliance with the follo~•aing standards: (a) The use will not create undue traffic hazards or traffic congestion either on the public streets adjacent to the site or on the parking areas on or adjacent to the site or on streets adjacent to the site unto which traffic to or from the site is channeled. (b) Adequate provision will be made, through the use of building set- backs, buffer areas, screening, and exterior treatment or placement of the. building on the site to avoid noise, glare, fumes, dust, and any other sources of nuisance or annoyance to adjacent properties. . 68 3/23/70 ,. I~~ (c) Adequate provision will be made through the use of ,,building setbacks, .screening, landscaping, exterio~_ design. and placement of the building on the site to avoid noise, glare, fumes, dust, and any other sources of nuisance or annoyance to users, or patrons of t:he facil.i.ty. (d) Adequate off-street parking space is available for patrons and em- ployees. .(e) If liquor is to be sold on the premises (1) the property abuts upon a major street, (2) access-to all off-street parking spaces is from internal driveway systems and is not directly from public streets, and (3) provision is .made for ~oell-designed vehicular stacking space allowing for ~an efficient and orderly flow of traffic from the site onto adjacent major streets. (f) The proposed facility will provide an aesthetic appearance which will not detract from or conflict with the existing or proposed architectural forms of buildings in the same area. ' (g) The use will- not create an excessive burden on public parks, public open-space, streets, or utilities requiring public services which are proposed to serve the facility. (li) The proposed development will not conflict with the comprehensive.. development plan of the city. r - Subd. 5. Heihht Regulations. In a "C-2" district no building shall hereafter be erected or structurally altered to exceed three stories or 40 feet in height, subject to the modifications and exceptions provided in Section 3.39 of this chapter. Subd. 6. Lot Areas and Yard Requirements. (The same minimum requirements shall be observed for the "C.-2" district as are provided for a "C-1" district in Section 3.32 of this chapter.) (I) Except as provided in paragraph (2) of this subdivision the same mini- mum requirements shall be observed for "C-2" district as are provided for a "C-1" district in Section 3.32. (2) A gasoline service station may construct a canopy extending into the building setback area of the lot on which it is located provided that such. canopy complies. with the following regulations: (a) It must be designed and constructed to serve as protection for customers and attendants from inclement weather. (b) It may extend into the front yard area distance of 10 feet, as measured from the centerline of the gasoline pump island closest to the street lot line but in no instance closer than five feet from this lot line. (c) Only one canopy shall be permitted at each service station, unless it is located on a corner lot.. (d) It shall be designed and constructed as an integral part of the main service station building and shal"L extend from such building. (e) The canopy shall not be constructed to a height exceeding sixteen feet. (f) The canopy shall not be designed for use .nor shall it be used as a location for any business or advertising sign of a permanent or temporary construction. (g) Lighting located on the canopy shall be designed as an integral part of the canopy providing that fixtures shall not extend below the bottom surface of the canopy structure and shall be beamed downcaard. b8.1 3-13-72 ,,,: _~ U --__ - ^^^ ~ (p91 '"" ~ ~~ D 0 ij~ :^. ~ ~ ~~ i ~ ~O ~~ /~ ~~ ~~ ~~ ~~ /i . r ` ' `rP ~ Sq~ryT 4 ?~f 9L m' / ~ ~ ~ ~ x "r pF pp~ /'7 -i- c9 tV~HC h a ,r r °~ iT ~~ 9h `~lRPORtiS December 17, 1975 i ~ ~/J ~•~ ~ IVlETROPt~~.iTAN ~iRPORTS CO~i~I1SS~€3~1 P. O. BOX 1700 • TWIN CITY AIRPORT • MINNESOTA 55111. OFFICE OF EXECUTIVE DIRECTOR • PHONE (612) 726-5770 7.2~=9yij, 3' Mr. Richard C. Krier Planning Director City of .Richfield 6700'.:Portland Ave. So. ~tichfeld, MN 55423 " Dear Mr. Krier• ``:`. ~ ~ ~: Reference is made. to your. notice requesting comments on the petition for a special Use Permit foraa motel to be ,located at 7636; and 7644 Cedar Avenue South in Richfield. This -site is located directly. under the extended center line for ~`~~~-- Runway..4/22 at the Minneapolis-Saint Paul International Airport. Run- . way 4/22 is-the crosswind runway for this airport and, as an integral-.part • of~the Preferential Runway System is utilized. approximately 20/ of the time for landings and 40/ of the time for takeoffs, both overflying the site. From an airport standpoint, construction of any facility for concentra- tion of masses of people in or near the extended runway centerline within l 1/2 miles from the physical end of a runway-is not considered prudent planning.. This airport is of Metropolitan significance and as such should be protected in so far as possible to enable the Commission to provide for the present and future air transportation needs of this metropolitan area. We, therefore, conclude that the proposed motel may be incompatible with.the present and future .operations at this airport. f We have not commented on the impact of aircraft noise on this site as I that is a matter that should be resolved with the Minnesota Pollution Control. Agency... This urea. will be subjected to a significant amount ~, of aircraft over-flights and this impact should be carefully considered during. the review of this petition. Part 77 of the Federal Aviation Regulations is an additional factor that should be considered in the review, as this regulation could restrict the height of any construction OFFICE LOCATION-804028th AVE. SO.-WEST TERMINAL AREA-MINNEAPOLIS-SAINT PAUL INTERNATIONAL AIRPORT: ...~ ~i ~, i -2- a ter reater 's m t in in that area. We would be 'willing to discuss thi g detail,.should you so desire. You may contact me at the Metropolitan. Airports Commission, 6040 28th Avenue South, Minneapolis, Minn. 55450, telephone number.726-9411. Yours .truly, Claude C. Schmidt Director, Environmental Affairs CCS/md ' i ~' r . ....a- \ ~ ~ ~' ~ ~ , ~ , I/,,•- RICHFIELD PLANNING COMMISSION MINUTES December 23, 1976 ,MEMBERS PRESENT: Chairman Lien, Commissioners Ketcham, Schlegel, Ulrich, Helmberger, .Lindgren, Ertman, Anderson and Susag. Council liason Ludeman. MEMBERS ABSENT: None STAFF PRESENT: Richard C. Krier, Planning Director; Mark Hendrickson, Planning; Judy Kunz, Secretary; Greg Radke, Planning Intern. Approval of Minutes - M/Anderson, S/Ketcham to approve the minutes of the October I5, 1975 meeting. M/Susag - , S/Anderson to approve the minutes of the October 24, 1975 meeting. Motions carried. Item #1, Case 75-SP-10, Special Use Permit -Apartment to Motel Conversion The Planning Commission received the staff report regarding the special use permit. -John Prest, the applicant, appeared before the Planning Commission. George Burton, owner of the building north of the proposed motel structure appeared before the Plan- Wing Commission. He was corLcerned about the drainage problems from the parking lots. Also, whether improvements would be made between the two structures. He was assured by the applicant that they would work together on both matters. M/Anderson, S/Susag to close the hearing. Motion carried. S M/Anderson, S/Ketcham to approve the Special Use Permit application with two stipulations: 1. That a new off-street parking contract be executed. 2. Landscaping of new parking areas to comply with city landscape policy... Ertman abstained because of the inadec{uacy of the parking facilities. .Motion carried.. Item.#2, Case 75-SP-11, Special: Use_Permit -Overland Butterfield Express The Planning Commission received the staff report regarding the special use permit. Mr. R. F. Condon, the applicant, of the Condon-Naegele Realty, appeared before the Planning Commission. Keith Shoquist, the architect also appeared before the Planning Commission. Mr. Shoquist assured the Planning Commission they would work with the city-on all aspects including the view of the building from 76th Street. -2- Commissioner Ulrich pointed out that a proposal of this nature being located in a residential area would have to be done very carefully for the protection of thearea. Commissioner Schlegel felt that this could very well be a landmark for Richfield and that the project must improve the looks of the. area. Commissioner Ertman requested the Planning Department. advise the people outside the 350 feet notice- area on Emerson from 76th to 78th Streets so that they would take notice. The Director indicated that if the Commission concured notices would be .sent to these residents notifying them of the Council Meeting on the 12th of January, 1976.. M/Anderson, S/Susag to close the hearing. Motion carried. M/Anderson, S/Schlegel to recommend to the City Council approval of the Special Use Permit with the following two stipulations: 1. that an architectural design be developed for .the north side of the building to make it more attractive. 2. entrance off 76th Street remain to create fire lane. • Commissioner Ertman voted no because the people along Emerson Avenue had not been notified. Motion carried. Item #3, Case 75-V-10, Variance - 7532 Lyndale Avenue South The Planning Commission received the staff report regarding, the variance. Mr. Michael. Voosen, the applicant, appeared before the Planning Commission.. Mrs. Helpen, 7537 Aldrich Avenue South, appeared before the Planning Commission, and stated she was in favor of the variance. Mrs. Marken, who lives right behind the air-conditioning unit,: also appeared before the Planning Commission and was in favor of the variance. Com- missioner Ulrich, stated she has walked down the alley and has noticed the noise. and vibration. .Commissioner Lindgren, stated concern that the neighbors of this area would not be satisfied with the reduction in noise. since the noise would not be reduced to a level like it was before the air-conditioning unit was put in. M/Anderson, S/Lindgren to close the hearing. Motion carried. ~~ -3- .~/ ~ i, M/Ertman, S/Ketcham to reco~nd to the City Council approval of the variance with three stipulations: 1. that the structure be roofless and for the containment of the air conditioning unit onl I~ 4 2. the structure: shall be sided with the same .materials used on the main building. 3. the entrance to the structure be secured at all times. Commissioner Lindgren voted no. Motion carried. Chairman-Lien suggested that the report from the. Residential Zoning Committee be postponed until the next. regular meeting in January. M/Schlegel, S/Ulrich to adjourn the meeting. 11:00 P.M. Joan Helmberger, Secretary Richfield Planning Commissi on I • ~~ I i i l ~~ : 4 ' CITY !OF RICHFIELD, MINNESOTA ~-" Office pf City Manager ` Council-Letter No. 5 ~ Agenda January 1.2, 1976 I' - The Honorable .Mayor and Members of the ,City Council City of Richfield ~ , ,, Gentlemen: Subject; Off-Street Parking ..for Restaurant at 1400 W: 77th Street Condon=lVaegele Realty, 1700 West 78th Street, requests approval of an off-street parking contract which establishes performance :standards for construction of a restaurant, 'with on-sale liquor, on property located at 1-.40.0 West 77th Street. The restaurant will seat approximately 305 customers and provide 174 off-street-` parking spaces to accommodate their parking deeds. The off-street parking stand- '~ ards.establshed'~~for restaurants -with on-sale .liquor require one. space for each 2.5 seats; .5 spaces for each employee and one space for each 2S5 square feet of banquet or meeting room area within -the restaurant. There will be no meeting or banquet space buh'lt into the. floor plans of the restaurant. Therefore, 'this portion of the standard w'll not apply to the project. -The remaining ;parking standards 'indicate a need ~ r 122 spaces to accommoda a customers of this business . The applicants expect to hire about 20 employees, bringing the total number. of spaces required to about 1132. This means that the project will provide more off-street .parking than is relquired by the city's off-street parking standards . A sketch showing he site design and off-street parking arrangement of this project is attached hereto . Staff has revilewed the off-street parking .agreement for this project and recommends coun ~il approval subject to special use permit application approval. Respectfully submitted, r ~,~-e- Wayne S. Burggraaff City Manager- WSB/eja `cc: Planning Director Public Works Director I ~~ ~,~ ~a NTERSTATE HWY. N0. 35W 0 ~- G 8 G -, ~ o 0 0 ~ c n ~ •.' ~' ro c~ ~.., a cn C ~ b `~ H ~~ y H M n O U] U] O .• _• ,_ ~~ ,~ w .CITY OF RICHFIELD, MINNESOTA.:: Office of City Manager Council Lett~:r No. 4 Agenda January 12, 1976 The Honorable ;:Mayor and Members of the: City Council City of Richfield Gentlemen: Subject: Special Use Permit for Restaurant With On-Sale Liquor Proposed- for the Property at 1.400 W. 77th St. Mr. R. F. i Condon of the Condon-Naegele Rea ty Firm, 1700 West 78th Street, has submitted a request for a special use permit to allow construction of, a restaurant with on-sale liquor on property located at 1400 West 77th Street. The following items are attached to this .council letter and will be ;;~ ~ referred. to throughout this report: L 1. Exhibit A , which shows current zoning of the proposed restaurant site and the immEdiate surrounding area 2. Exhibit B, which shows the current land use in the area of the proposed restaurant site 3. Exhibit C, which is a copy of the~municipalcoderegulations- rela g to special use permits for restaurants'wi°th on-sale liquo licenses. 4. Exhib t D,which is a .proposed site ;plan prepared by the applicant 5: Exhib, t E, is the planning commission minutes- coverin commission g .review and recommendation of this application APPLICANTS `.PROPOSAL The propo ed restaurant would be called the Butterfield Overland Express and would seat~258 customers in the restaurant area.. The applicant proposes ;: to accommodate 47 customers in the bar area of the restaurant. The land and }' i Council Letter No. 4 -2- January. 12,..1976 building would be owned by the Condon-Naegele Company and leased to Overland Express .restaurant operation. the Butterfield The proposed restaurant will be a one story stucco'buildng with red the roof. The restaurant will be located on the site as shown on Exhibit B with the public entrance to be in the southwest corner of the restaurant. The applicant. proposed that architectural design. trvatmen~ts on the exterior of the building' would be limited to the south and west sides only.. The.. applicant proposes to provide a total of 174 off-street parking stalls as shown on the ~ite plan, Exhibit B, and proposes to.provide primary access to the restaurant site by a private extension of the 78th Street frontage road`. which currently serves the Clover Leaf Motel.- The- applicant also proposes to provide an entrance only access from` 76th Street and approximately Fremont Avers, ~e to the restaurant -parking. lot. The applicant agrees to perform all: construction work in accordance with city construction codes including the installation of a fire sprinkler ..system-in the ;restaurant. The applicant'would also make provision for the extension and, installation of necessary utilities. ~I i CODE REQUIREMENTS The municipal code permits restaurants as a use in a G'-2 general commercial zdne upon the issuance of a special use permit.. TYie special use permit regulations for restaurants including restaurants with on-sale liquor licenses are attached and identified as .Exhibit C. Code<provi ions provide that a pecial~use permit for this purpose cannot be granted unless the city - council finds hat the proposed use would be in substantial compliance with the standards contained in the code and shown on Exhibi C. Inasmuch as the applicant proposes that this would a restaurant with an on-sale.. liquo~ license it would also be .necessary .for application to be made for such a license and for the applicant to meet all of the minimum standards and regulations of the liquor regulatory .policy. If a special. use permit is granted for th~.s restaurant, however, it would -then be necessary for the applicant in a separate action to .make application for the on-sale liquor license that a desires . STAFF REVIEW AND RECOMMENDATION A specia use permit for a restaurant on this property was! originally issued by the city council in Sepfiember, 1972. In' subsequent actions -.the city council approved an off-street parking contract and a';final plat for. this. grope ty. `The city council also authorized the granting- of an on-sale li uor licens~. That ro osed restaurant was never constructed.. The 1972 q P p special use p~rmit has expired and the off-street parking contract bond was refunded'.. The om-sale liquor"license was never issued: However, the' final plat is still in effect for this property. The:-efore, this restaurant proposal should be tre~ted as a completely new. application, ~: _~ Council Letter No. 4 -3- ` January 12,, 1976. the proposed project is presently zoned C-2 .general The site for . commercial' as indicated by Exhibit A. Therefore, he applicants are eligible to submit application for a special permit for a restaurant on this, property . i_ The existing land uses shown on Exhibit B indicate that the site is bounded on the south and west by interstate highways and on` the north by state highway right-of-way. The land to the west is undeveloped low lying land. excerpt forja motel located southwest of the proposed restaurant. The application has been reviewed by he interdepartmen.talreview committee for the purpose'iof insuring that the applicantswould conform with the code requirements and site requirements .- Storm water runoff from the parking lot r had ` oath e of the f wl flow o wo a h ba "s o the ort n s nd and roo 1 t t c tc s n n n project site. T;he catch bas~ns~ will drain into an existing storm sewer located on the south property. line. Sanitary sewer service and electrical service will be provided along an eas;ernent across-the south property line. Water service including two fire hydrants, will be provided from 76th Street along the east property line. The cost of .all utilities will be borne .by the applicant. By referring. to Exhibit C you will note -that the code requires a restaurant with an on-sale liquox license to have direct access to a major street. The major access to the restaurant would be from Lynda le Avenue a ong 78th Street and then a private extension of 78th Street to the restaurant parking lot. Condon-Naegelie Company has entered into a 26-foot easement agreement which - makes it possible to provide access from the end of 78th Street to the- restaurant parking lot. Tl~e easement agreement includes leasing of the two corner motel rooms. Inasmuch as -the 26 foot easement provides limited roadway,. it would be necessary for the applicant to prohibit parking on either side of this drive. Access is also provided to the parking lot from 76th Street. However, it is important: to note that use. of-the 76th Street .access point. should be limited to customers entering the restaurant parking lot and for use by public safety vehicles. The 76th Street access point should not be utilized as an exit since exiting traffic at that-point would create a hazardous situation on 76th the grade Street in the vicinity of the freeway entrance ramps. In addition, . of the drive to~6th Street created. by the. difference in elevations could be expected to cr ate wintertime exit: problems. Inasmuch as vehicles exiting from the restaurant property will be directed to use the private-drive to 78th Street, it is important that directional signs be appropriately located to - direct vehicles to Lyndale Avenue and to the extent possible, prohibit traffic on Emerson Av nue . An off-street parking contract application on this property is also before the council at the January 12, 1976- meeting. The applicant proposes to surface, anal landscape the parking area and provide parking lot driving lanes from 20-30 feet wide. Parking will be in 90 degree angle parking stalls. designed to be 9 feet wide and '20 feet long. The city's guidelines for off-street park.- ing would norm~a'lly require that'the proposed restaurant project provide 137 off-street parking spaces. The applicant. proposes to provide 174 off-street i; Council Letter~No. 4 -4- January. 12; 1976 ~. parking spaces, or $7 more spaces than are required. The applicanthas proposed to limit:the exterior architecturaLtreatment of the restaurant bui ding to the south. and west sides of the .building. It is the opinion of the city staff- that architectural treatment should. also be provided on the north side of the .building and the applicant has subsequently ;agreed with this.. position. .Staff:.. Recommendation It is the' opinion of the staff that the issuance-of the special use permit' is generally cbr~sistent with the special use permit for a restaurant which. was issued previouslx in 1972.. Moreover, the special use. permit would not be expected to have a detrimental effect or be injurious to other property in the immediate neighborhood. It is necessary, however, that the city council - find that the proposed 78th Street access to the restaurant property be in accordance with municipal code requirements for restaurants with on-sale liquor. In the; opinion of the city staff the property does abut on a major street and restaurant customers do have access to a major,.city street. PLANNING COMMISSION RECOMMENDATION The application for a special use permit was considered by the planning' commission ate the commission's December 23, 1975 meeting. A copy of the • planning commission minutes are attached and identified as Exhibit E. Notices were sent to property owners within a 350 foof radius in accordance with. city- council polio and additional. notices were subsequently ;,sent to residential property owners on Emerson Avenue south of 76th Street at the ,request of the, planning .commission . i The planning commission carefully reviewed the application and con- centrated speial attention on the issues of access to the property and potential imp ct on nearby single family residential uses. :The plan ing commission voted to recommend approval'of the special use permit with the following stipulations: 1. ;That ~xterior architectural treatment be provided on the -north side of the building consistent with: treatment on the west and south side of the building to make the building more. attractive from the north . 2. That the 76h Street access point be limited to an entrance to the parking lot . i I i ~, r ~ r•~; ,..w . ~ <,X. ..... ~ _ _ t 1 4 ~ 1 1'• ~ ^y S L y y ' _ `h r ~ss IF y <. R~1q~ x .. f ~ , ` ,~ ~ ~. ~ s y: t '^ 1 ( ,t a ~~ 1 ~~ ~~~. ~ ,~ ~~ ~~ ~ t . ! t ~.. :Y ~ tii ~-y, e ( °~.m. fi.. i~ y"~'~ C r .. ^ ` ~ <' ' ~ z ~, . . _ }, s,.... ... _ ~ 111 r j - r 1. __^_.,_..._.,c_.. ._.._,--- ___ _.. ._....__..._ .-.. .._.. ___... _ _ -- 1 ..._`..-....--.---`~- i r l ,• ;• f~ %~~ ~ 1 `\.~r' ,~~ .vim.... .~....~--w-~-"` ..~ ~ _ __- '.. ... ... ` ~ • -- -- - . , ` _ { \ _ ._ f~ } 1 NYC 1. f , ~ h^ ........ ..r .~..Y~i./~I-/~--yam,-. ~,+. ,. .. ... ~. ._ - . _.. . • _ :.... --- :.: _ ~~~ _ ~ ,!i. n ~ ~*, r t ~ t ~ ~~~ts ~~ ~` -•~~ I ~a i ~ ~ 0 1z52 a RWj _ ._. 231.- r • ~ T ~° 234 ~ o „, .~~3. ~ , 22.5 - _ ~ ~ V 7 ~' . 9 ~ 8 ~ ~' N Vii. t \-~ ~ ~ . . I ~ \~•----~ .. - fit, ~~ ~~ M~;c, ~~ {~ `' `.~ lC` -- - _ --i--- --- --J -- ? 6 f h S ~-~'~~f' ~- ., . P A . ~ -~~ ~ 1 n~ ~ ~ p, ! ~ .d ~ -! -~-. - ' ,_ ~ ~d ~ ~~ . - -~. ._ t y ~ ~ _ ~•. i -~- t Gang ~-{• - _. _ _ ----_-~--a 7 7 t ~1 f ~ i v :'" . „~ ~~~- -~~ ~ iREMp+~ • , • ~ > >.i -;/ ~, ~ 1 ~ . .. _ . ~.~ .. - ~4e ~ . s~ ~.. . . ,. ~ L "~ -. ~. _ 78..• -- ~ f-JeE~ t ... .. __ .- ~ : _.. . - - _._.__. v.~..,r.. ~,:.,~ ~`r (d) The station ox garage o~ill not: display an.y ban s, noisy ribbons or similar attention-distracting or visibility-obscuring devices in the area in front of building setbaclc Ii.r_es< (e) The minimum front~.te on any street twill be 1?_0 feet and the minirium area of tho site will be 12.,000 square feet for a station with lour pumps or less; and sta.t:ions with. r:~ore pumps will. have sufficient additional frontage area to provide equivalent anti sufficient space for servicing vehicles, for off-street parking, for safe vehicular approaches into the station, and for good vi_sibili_ty far pedestrians and drivers. (f) ATO driveway will be flared outward on the boulevard in such•a way as to encroach upon the boulevard of adjacent property. (g) The station or garage will comply with the off-•street parlcing, sign construction and other regulations of the city. _ (h) Any required buffer or screening area wi_11 be so constructed as to obstruct headlight beams of. automobiles on the station property from beaming onto adjacent residential property.. (i) `Pump islands will not be so close to street or adjacent property lines as to create the likelihood of encroachment by vehicles upon street ~' right-of-sway, sidewalk areas or adjacent property. (j) Only one permanent detached ground display sign, pedestal type may be erected on the street frontage at or near the property iin~ adjacent. to the street, except that if the frontage oh ti+he ~s'L-ree'G. is in:exce;~s ~af 150 feet, two such signs may be allowed by the council on such frontage, subject to any other applicable sign regulation. (~~} All exterior lighting will be so designed, placed and operated as not to be a nuisance :o adjacent properties, (1) If the station or garage is to be located in a shopping center or other integrated development, it will be in architectural harmony with the rest of the center or development. (m) The station or garage will not provide for the outdoor operation of lubrication equipment, hydraulic lifts or service pits, or the outdcor display of merchandise; but the outside underground. storage of gasoline and other petroleum products between pumps, or the temporary display of merchandise within 4 feet of the station building is permitted. • (n) If the station or garage is not to be located on a county road or state highway, it shall not be operated between the hours of 11:00 p.m. and. 6:00 a.m, of the following day, (o} If the site is at an intersection, provision will be made for an unobstructed area on the site, adjacent to anal within SO feet of the inter- . section, free of vehicles, signs (other than a pedestal sign), displays or other materials which tend to obstruct intersection visibility. Subd. 4. Regulations Relating to Hotels, 1`Iotels, Restaurants and Cafes. A special use permit shall not be granted for a hotel, motel, restaurant or cafe unless the council finds that the proposed use twill be in substantial compliance with the following standards: . (a) The use will not create undue traffic hazards or traffic, congestion either on .the public streets adjacent to the site or on the parlcing areas on or adjacent to the site or on streets adjacent to the site unto which traffic to or from the site is channeled. (b) Adequate provision will be made, through the use of building set- backs, buffer areas, screening, and exterior treatment or placement of the building on the site to avoid noise, glare, fumes, dust, and any other sources of nuisance 'or annoyance to adjacent propertieso .. 68 3/23/70 GX~ <y , (c) Adequate provision will be made through the use of~.building setbacks, screening, landscaping, exterior. design and placement of the building on the site to avoid noise, glare, fumes, dust, and any other souices of nuisance or annoyance to users, or patrons of the facility. M (d) Adequate off.-street parking space is available for patrons and em- ployees. (e) Lf liquor is to be sold on the premises (1.) the property abuts upon a major street, (2) access ,to all off-street par?cing spaces is from internal. dri.ve~aay systems and is not directly from public streets, and (3) provision is made for well-designed vehicular stacking space allowing for 'an efficient and orderly flow of traffic from the .site onto adjacent major streets. (f) The proposed facility will provide an aesthetic appearance which will not detract frcm or conflict with the existing or proposed architectural forrris of buildings in the. same. area. (g) The use will not create an excessive burden on public parks, public open-space, streets, or utilities requiring public services which are proposed to serve the facility. (h) The proposed development will not conflict with the comprehensive .development plan of the city. Subd. 5. Height Regulations. In a "C-?," district no building shall hereafter be erected or structurally altered to exceed three stories or 40 feet in height, subject to the modifications and exceptions provided in Section 3.39 of this chapter. Subd. 6. Lot Areas and Yard Requizements. (The same minimum requirements shall be observed for the "C:-2" district as are provided for a "C-1" district in Section 3.32 of this chapter.) . ~ (1) Except as provided in paragraph (2) of this subdivision the same mini- . mum requirements shall be observed for "C-2" district as are provided for a: "C-1" district in Section 3.32. (2) A gasoline service station may construct a canopy extending into the building setback area of the lot on which it is located provided that such canopy complies with the following regulations: (a) It must be designed and constructed to serve as protection for customers and attendants from inclement weather. (b) It may extend into the front yard area distance of 10 feet, as measured from the centerline of the gasoline pump island closest to the street lot line but in no instance closer than five feet from this lot Tine. (c) Only one canopy shall be permitted at each service station, unless it is located on a corner lot. (d) It shall be designed and constructed as an integral part of. the main service station building and shall extend from such building. (e) The canopy shall not be constructed to a height exceeding sixteen feet. (f) The canopy shall not be designed for use nor shall it be used as a location for any business or advertising sign of a permanent or temporary construction. (g) Lighting located on the canopy shall be designed as an integral part of the canopy providing that fixtures shall not extend below the bottom surface of the canopy structure and shall be beamed downward. 68.1 3-13-Z2 •< i 1 In O W h I~ W !- Z Scate~ 1~~= 100 dicap king ~x D RICHFIELD PLANiVING COA~IISSION MINUTES December 23, 19.76 MEMBERS PRESENT: Chairman Lien, Commissioners Ketcham, Schlegel, Ulrich, Helmberger, Lindgren, Ertman, Anderson and Susag. Council liason Ludeman. MEMBERS ABSENT: None STAFF PRESENT: Richard C. Krieg, Planning Director; Mark Hendrickson, Planning; Judy Kunz, Secretary; Greg Radke, Planning Intern. Approval of Minutes - M/Anderson, S/Ketcham to approve the minutes of the October I5, 1975 meeting. M/Susag S/Anderson to approve the minutes of the October 24, 1975 meeting. Motions carried. Item #1, Case 75-SP-10, Special Use Permit - Apartment to D4ote1 Conversion The .Planning Commission received the staff report regarding the special use permit. John Prest, the applicant, appeared before the Planning Commission. George Burton, owner of the building north of the proposed motel structure appeared before the Plan- ning Commissien. He was concerned about the drainage problems from the parking lots. Also, whether improvements would be made between the two structures. He was assured by the applicant that they would work together on both matters. M/Anderson, S/Susag to, close the hearing: Motion carried. M/Anderson, S/Ketcham to approve the Special Use Permit application with two stipulations: i. That a new off-street parking contract be executed. 2. Landscaping of new parking areas to comply with city landscape policy. Ertman abstained because of the inadequacy of the parking facilities. Motion carried. Item #2, Case 75-SP-I1, Special Use Permit - Overland Butterfield Express The Planning Commission received the staff report regarding the special use permit. Mr. R. F. Condon, the applicant, of the Condon-Naegele Realty, appeared before the . Planning Coirunission. Keith Shoquist, the architect also appeared before the Planning Commission. Mr.-Shoquist assured the Planning Commission they would work with. the -! °city on alI aspects including the view of the building from 76th Street. • .. . .- -_. ~. -._ . _-TM_ __ _' -2- A , ~ ~ Commissioner Ulrich pointed out that a proposal of this nature being located in a residential area would have to be done very carefully for the protection of the area. • Commissioner Schlegel felt that this could. very well be a landmark for Richfield and that the project must improve the looks of the area. Commissioner Ertman requested the Planning Department advise the people outside the 350 feet notice area on Emerson from 76th to 78th Streets so that they would take notice. The Director indicated that if the Commission concured notices would be sent to these residents notifying ahem of the Council Meeting on the 12th of January, 1976. . M/Anderson, S/Susag to close the hearing. Motion carried. " M/Anderson, S/Schlegel to recommend to the City Council approval of the.. Special Use Permit with the following two stipulations: L that an architectural design be developed for the north side of the building. to make it more attractive. 2. entrance off 76th Street remain to create fire lane. Commissioner Ertman voted no because the people along Emerson Avenue .had not been notified.- Motion carried. Item #3, Case 75-V-10, Variance - 7532 Lyndale Avenue South The Planning Commission received the staff report regarding, the variance. Mr. Michael.. :,, Voosen, the applicant, appeared before the. Planning Commission. Mrs. Helpen, 7537 Aldrich Avenue South, appeared before the Planning Commission, and stated she was in favor of the variance. Mrs. Marken, who lives right behind the air-conditioning unit, also appeared before the Planning Commission and was in favor of the variance. Com- missioner Ulrich, stated she has walked down the alley and has noticed the noise and .vibration. Commissioner Lindgren stated concern that the neighbors of this area would not be satisfied with-the reduction in noise since the noise would-not be reduced to a level like it was before the air-conditioning unit was put in. I+~/Anderson, S/Lindgren to close the hearing. Motion carried. 1 _----~ II .. . 3 ~~ CITY OF RICHFIELD-, MINNESOTA ,~ j Office of City Manager Council Letter No . 3 A~enda_January 12, 1976 i , The Honorable Mayor and Members, of the City Council City of :Richfield Gentlemen- Subject: Hearing on the Renewal of Licenses `for the 7th Hour At the December 22, 1975 city council meeting the city council set a .::.date of hearing for January 12,.197.6 for the purpose of de ermining whether to renew amusement machine licenses for the Seventh Hour establishment located at 609 East 66th Street. The Seventh Hour has applied for the following licenses: 2 billiard tables, 1 music box and 6 coin operated amusement machines. • Inasmuch) as there did not appear to be a great number of eo le p P present at they Decembe 2 r 2 19 75 meetin g concerning the Seventh Hour establishment notice shave bee n mailed to people in the immediate area advising them of the hearing date on January. 12. Attached is a copy of the notice letter. Also attached is a copy of the letter sent to the. applicant advising him of the hearing date . I I, Respectfully submitted, I I ~p Cl~~ Wayne S,. Burggraaff City Manager WSB/eja cc • City Attorney • Public Safet Director Y i ~ j i j . , / ~ -.i ` : ~. ~ ~ _ January 5, 197E Mi'. Ftonuld £tinson • 6509 iGth ~3'vcnue .. F`i.chfi.eld, Pfi~ . 5520 Dear I~r. Benson: At the Decerr~YJer 22, 2915 city caun~il mec~tin~J the. city council sQt a h arinc~ fc~r ±~„e JanuariY 12, 197o rr~~;:tfng for the purpose o£ u~eter- `: _ ~ mining whether tha-clay sl~auld raneva your various license appl.ica- bons for th;; Seventh F'i~iJr located at 609 East 66th Street. ,, - The hearing is being held inasmuch as the city has recatved soma . complaints on -the opera.ion of this e~stablis}rrr:ent since it v~~as ooened _ in 1975. So~zre of these co.nplait~ts relate to prcblams fn the immadiGl:e neigh~c~rh:aad of the astablishm nt which appeal: to be related to the prese7cce of your busir•t~ss in its. present lacakton. •.Tl~e haarlr:g on tr.® reY~czvG1 of tht Seventh Hour license applications - Jis scheduled for 7:00 n.m. an Js~nuary 12 ailcl t,riil bW }field i:~ the 1ZicYrfield C;ounc±i Gig rit~,crs, 6700 Portland ~venuA. You are entitled ~y to bs presQnt at thUt tncettng to offer testimo:~,~, exhibita or statements at thv hearing and to intQrragate anyonQ who may rive evidence ' ~ against the granting of your licenses. You havo a right to be represeritad at the hcarir,7 by counsel and you riay have a verbatim transcript madW of the hearing at your e~;pense. - {. • The city: council will consider information presented at that hearing ~~ together wi!°h any other available infa:mation in determining whether ~"' ~- the licen;,e3 should lie issjaed. If }rou dasira to participate= in the healing ptoce~s, T ~~rauid appreciatQ it If you c~7ould advlwe r.1o sornetirne '~ r prior to -that date, indicating the manner in which you would like to ~ p3rticipatL . SincQrely yours, ~ ~ . ,, . < _ Wayn® S, Furc~graaff City Manager . . e ~hT$P,~©~a , '. . • Cc; .City f~ttorney ~ Ptwlic Safet~~ Diractar ,. . ~ ~: I, _ I ... - , . ., ~- ,. .. ,. January 5, 1976 Dear Resident: N ~ ~ L!~ ++ ^~ 0 .~ • _ ~ l ~ i^ ~ O ~ ^~ ~ O This is to advise you that the city council has set a hearing for the purpose of determining whet'rier to renew the amusement machine licenses for the Seventh Hour, located at 609 East 66th Street . - The hearing will be held in the Richfield City Council Chambers 6700 Portland Avenue at 7:00 p. m. on Monday, January 12, 1976. Yours very truly, Thomas J. Moran City Clerk telephone: 869-7521 (612), an equal opportunity employer ` ~ I ~ v~~ a,: i r ' CITY OF RICHFIELD, 1VIINNESOTA Office of City Manager i Council Letter No. 2 Agenda January 12, 1976. The Honorablei Mayor and Members of tY~e City Council City of Richfield Gentlemerx Subject: Hearing on Renewal of Licenses for Toy Pony At the December 22, 1975 city council meeting the city council seta hearing for January 12, 1976 for the purpose of determining whether amuse- merit machine' licenses should be renewed for this establishment. The Toy. Pony-has applied for the renewal of the following licenses: candy shop, 'soft drink and' sixteen coin operated amusement machines. I A numbers of complaints were received from- citizens at the December 22, 1975 meeting. The citizens who were present at that meeting were told on December 22 that there would be a hearing on the renewal of .these licenses to be held January 12, 1976.. Copies of two letters which were sent: to the applicant advising. him of the complaints which were received on December ,22 and of the hearing date are attached for council information. Respectfully submitted, ~~ S. Wayne S. Burggraaff City Manager `WSB/eja cc: City Attorney Public Safety Director. ;~ i I I ~, January S, i3%S - - . Mr. J. P,:cl~ard ~rtder ~~on 1~IU0 ``1ca~ Seth Str:.:et _ F Eden l':airi~, p.g~ . a Dear Mr. Sanderson: - On T~ece:nb::r 2~, 175 I wrote ycu for the purpose of advisi;~g that the city cQUncfl in'.:;nd:~d to hold a hearing on January 1.2, i97S to - - doterznire whWther your lic~:ns~s for tine vario.rs -nachi n:~s in tnv Toy Pony a:~tal~ltahrnA:tt at E7,1 Past 77th Street should be renewed. ' I am ser~linc~ you t~iis additional latter so that you will !~e fully aware ab ti-se evera.ts which occurred at the Decamher 2~, 175 city council mastinq when your licerz~es first appeared on the city • council a~encla. - At that r~egting, the council received a .petition from savsrai hundred residents ob;acting to the presance of the establishment and cor:z-- plairifng alac~iat various eve^rzts v~:hioh have orcurrsd in the naighborhood ' as a'consequance of the prescrtce of tns Toy Pony in the neigribc~rhood. _ A numl7sr of residents and business people from the. immediate neigh- boyhood afi your establishment wets present and .made statemon*.s to - the council cone:.=rning your establishment and concerninr~ other _ - pccurrences in the immediate neighacrizood of the establishment which appear to !as relatQd to tlaQ presence of your business in its present location. Among other things, there wets complaints to the following Offact: • r - ~ ~ n e has been vandalism of Since year pla..e opsn,.d, that adjacent ~;operty, littering of ad;scent property, loitering - on odJ4cerzt property ~au:.ing disturbance. to nursing home residents and other residents in the area, intimidation of nearby resit?sots by people who gather at car in the viciniEy • - of your establishment; intrusion into the hallv~ays of nearby - • _ ~ ap~irtrnent houses for smoking; at lEast one break-in into - the laundry room of ~ nearby apartment house; noisy ~, vehicular traffic going to and from the premiss of your Qstabii:shr~ent; people leaving the parking Iot of your establishment and driving across nearby residential yards; s lvir~ ]'p Iti~harci ~ndc~rson . Przc~e ~°~~, o }'anuary 5, .x.976 ~ , pees©ns evielentl~~ attracted to the neigh}~or':~crad by the preset~c~s of your ' establishment x~~l~o «re .~tar.t~inq in near}~f~ ~~z~rc}s ire tY~:: latF~ r°~ig~ii hotars; qas, hutscaps, and dtliur items stolen fr'o,~i the cars of patresns cif an adjacent }~usiness; pr:opla tivid~~r•:tly «ttraciecl tt~ t~,e nvlg}zbc:hoad by your esG~:~l~lishn:;arit harrasNi~°~g cu3tomers °V,rith a~asc~~ne ge~L~er~,~s ar~d langu~:gc; pers4rs GtLracLed to t}~~ est~.bli;i~r.~c:rrL caccupyi.:~r G.cijr~cer:t par'Rir~g areas, blccKirig ingress and egb"ess for tr~ie Occ~.!pants :?i~d irlvit~:eH `,c-f the adjacent p~:r~ise5; y°tiuric~ i;~orle, evilntly atucacCed t~~i your astalali hr:?cnt, sittin^~ upon and littering around" the czars of o%Xl;sr pdaple ,, , parF.od on IoLS adjacent to your t~usiness pren;ises. ~hesc~ are the. kinds c~€ ciisturbanc~s ~Jh.ich have occurred iri the nef.g~a~r,~rh~?od since: yQUr buainess has_ lacatpd there, accord~n~x to the stata~.~nts whicl~ t-?R~-e given at Yhc~ counrii rreeting. The city crun~il aeclir~tid to act upoh your lie`=n~~; t~o~,licati4ns and scheduled a hearing on your licsnse applications fc~r its meeting of January 22, X976. You are entitled to be p;~:sAnt at that meeting to o;aer testimony, c~xhihits, or statements at tif;~ heaYint~ and to intarrag4te anyone who may dive evidence against tl~e c;ra~Ling of ~yocrr licchses. You hove a rirht to be represented ::~L t}.e hearing.by Counsel and ,you may haae a verbatim ~~anscript made of tho rearing at your ehpense. The city council, in determinfng vrhether th;; licenses shUUlc3 be issL~wd, will cc~n~ic~er the kind of inft~rmaticn enumerated above, together with any ether infoarriation cvYaich is presented at that hearing. If you do desire to participate in the hearing. process, I would appreciate it very much 1f You would advise ma sometime prier to the day of the meeting, irldtcating the manner in ~~ahich you 6~~ould like io participate.. _ _ f. _ . ~- ,, . i+ sir ~ .. ~ ~~ ~s ~ f n ;~~ - ~ ~ - ~ p ; _ i c,. " .o • ~ ~ .. - 1 t . ,.. Y j • ~ ~ 4 : , .. DecEmbor 29, 1975 • r. Mr. j. Richard•AndPrson 14100 West 66th Street . ..:~.~..-~ Eden Prairie, MN. ~ ~ ~ •a .• Dear Mr. Anderson: Your application for renewal of lfcenses for sixteen coin operated amusement machines at the Toy Pony; :611 East 77th Street, has been received by the City of Richfield. _ :~ . __ .. ~ . _. , . . . _ __, -- __ - Inasmuch as complaints have been received by the city on the Operation of Lhis establish*nent, the city council has set a hearing ~ . ~#or Monday, January 12,. 1976 at 7:00 p. m. In the city hall council ~ chambers located at 0700 Portland avenue, for the purpose of con- side in wh h ~ _ r g at er your application for these licenses should be re- '~ Hewed You are being advised at this time so that you will have adequate notice and can plan to be present for this hearing. Sincerely yours, _ Wayne- S . Burggra a ff ~ , _. City Manager ~} ` WSB/era ~ ~ # ~- . ec:' Twin City Novelty ~ _ _ - City Attorney ~ ~• S ' ~ Public Safety Director ~. -, ... - . ~: i i • +;d: '._ ,. . v~; ~, I CITY OF RICHFIELD, ,MINNESOTA ' ~ " Office of City Manager ~; Council Letter No. 1 Agenda January 12, 1976 The Honorabl~'e Mayor and' j Members of the City Council 'City of Richfield ~, Gentlemen:. i Subject: Report from t?~e Richfield Bi-Centennial Committee i Attached is a second report on the Richfield Bi-Centennial celebration submitted to the city council by the bi-centennial committee . Pastor Richard Bingea, Chairperson of the Bi-Centennial Committee, will be present at the January 12, 1976 city council meeting to present this report to ~ the city council and request city council approval for proceeding with the programs and projects contained in the report. Respectfully submitted, . I ~~~. -Wayne S. Burggraaff City Manager WSB/eja i i, A SECUc:u r.~=~}•- -- FROM THE RICHFIELD BI-CENT~'~1TTIAL COA1TiITTEE BY Tk1E .RL"V • r`ICHAItD J . BIiIGEA, CHA~~PII~SON TO; THE RICHFIELD CITY COU~?CIL January 12, 1976 ;onorable YZr• t~gayox~ Richfield City .Council tgembers: I our Richfield Bi-Centennial re ort to you the Progress made by this Bl-Centennial leased to p ~ Bi-Centennial ~ 1975, and has tde are p Committee for the celebration of our mat ons 1 on our ans for appropriate celebxation of the r Committee met for the first occasion on I~iarch , ing year, 19'76. Ou met on eight occasions to sy P three. persons are nTheyea e: Chairperson--- subsequently. Coffiaunity. Twenty- a broad spectrum of our citizenry. gi-Centennial in our Conanittee representing The P•ev. Richard J. Biagea John Bleedorn Vice-Chairperson ° Ygr Secxetary -- T2rs• Gertrude~e rich surer '-- I`'jr • Frank BOy ive Committee and have mer member ofs the asions Trea Execut Oth eo 1e serve as the Committee's actions • Liaison, iZathy ~~ilson, Dr These four P P lementation of our 1 uist, to assist the ~P Bark and P•ecreation~t Erickson, Mark Ah q committee are Mayor Loxen Law, Colleen.Siefert, Jan Bray, Jerxy Audrey Anderson, Lois Larson, Jr., Don Felton Jenkins, Richard Christigoerhle, George Ashwood, Herbert Ketcham, Charles praBrian Fleshe, Anna Stratton, Shirley ~;o~,anson, Southerton, and T2eredith McPherson. Y•ICR''IL'LD - A BI-CET~TE'i1T1IAL CITY 1975, an as of December 15, of Richfield is, esota American P.evolution ort to you that the City, b the TZinn T~dashington, D.C. ~1e first rep forwarded to rant officially approved Bi-Centennial li~tion has been -Our app inistration will officialresented Bi-centennial Conunission. Centennial A~ - he American Revolution Bition takes place we will be officofficial desig- where t es for our ible recognition. As soon as this ac nif3,cant advantag we thereby become elig One of the sig ssion is that off icialiy end- a Bi-Centennial flag. Centennial Cornni pity pro3eCts vahich are ro ects in ` nation by the Tlinnesota Bi C for comma several p J or grants, from T~IARB ~Ie are recommending your for a grant, overnment. orsed by our local unit °feel are worthy of your official endorsen~a~~ from the HARBC. ossible for us to apply for a tonight's report that we endorsement will make it pGuidelines of the lginnesota American Revolution official ou from the Grant -- May I quote for y '"^ Bi-Centennial Commission: erican Revolution Bi-Centennial Commission mss' a is to the future of America "The Iginnesota Am ositive legacy of the founding of th """` primaxy purpose, to leave a P e to all h the marking of the 200th anniversary and contribute. to throng IC shall provide the focus for Clan f orleng --='~ democracy.. and dedicating individuals and organizations-to consider, P rams and efforts tit well entury. It shall assist Amen h prop n defining t from th =--~-` the next c oafs th S ~~. themselves to purP~ses and g „To be eligible for a Bran 1 comm-uaity ears ahead... °yernment.17 have ianP ct must be a non-profit orfan3,zation ox Bi-Centers ._.::.:. act on the y rom the local- unit of g == . T~lARBC a probe project which has 'official endorsement „_.,,. -2- BI-CEP?TL'NTdIAL P;20JECTS Our-second matter, therefore, that we wish to report to you is our endorsement as a Committee of two projects which we feel are worthy of official endorsement by the Richfield City .Council. From the very earliest days of our Committee we deter- mined that we should create a project,. or projects., of t'lasting significance`° for our City of Richfield. The first project that we`'present to you is that of a civic space for the people of Richfield similar in spirit to the Village greens in rIew England towns which were in the center of the community and significantly marked and identified the toom. Such a space would be a focus in the. City giving to P.ichfield some civic identity as opposed to a recreational identity. In such a space a piece of sculpture, trees, benches, etc. would enhance the axea and live it character. Various areas in the city have been discussed for the location of such a space such as the grounds around City I.all, Augsburg Par?., and the Lyndale-Tiub-iTicollet development. In our opinion one of the best. spaces available would be the Tdortheast corner of 66th and Lyndale Avenue. which is shown as a major pedestrian plaza in the redevelopment glen of the L,~LPT. No exact size has been determined at this point for such a space. t~Je would assume this is dependent on the development plans, however, we assume also if such a space were to be considered seriously as a civic center, it would not be just some Icind of token space. .The space must be large enough to have some significance and not be merely left over space if it is to be effective. It is our firm belief that such a space would enhance every development that ctiTould front it. Tdhereas our Bi- Centennial Committee, has very limited funds. with which to carry out our program for 1976, we wish to go on record that we are willing to invest as much tine and money as possible to get this project going. 63e also c•~ould like to submit this to the NIARBC as quickly as possible for a grant consideration. Your favorable action would ~ma?te this possible. A second project of lasting significance that has excited our Committee and that we wish to present to you for action is the adoption of an official design for a City of Richfield flag. At this tine we are not seeking for the adoption of such an official design for we have none to submit. to you, but we ask your: approval to conduct a contest among the citizens of Richfield far suggestions of such design.- It would be our .intention to invite citizens to submit suggested designs and to award .prizes for-the best designs. Care will be taken to have proper guidelines for such a contest, to encocxrage as many as will participate, and to have qualified judges. determine the best designs. The award winning design will then be submitted to the. City Council for its consideration as the-City of Richfield flag. Upon your approval.: tonight of such a proposal we would proceed cyith our publicity and plans. A third project related to projects of lasting significance that has come to our attention is that of a proposed Band Shell for Augsburg Park. We are seriously considering this project as proposed to us by the Richfield Jaycees. However, at this time, we feel we need additional information as to the desirability of site, architectural drawings, actual cost, etc.. It is our understanding that the City Council has endorsed the concept of such a Band Shell.. We are agreed that a Band Shell would serve our community in an excellent .manner as a center for outdoor functions and programs such as community sings, band concerts, church services, etc.- We will look forward to the desired information and give this further .consideration. E' -3-- Bi-CENTETJIIIAL PROGRAI•IS The very heart of tha Bicentennial celebration in P.ichfield during. 1976 has been planned by our Committee to take Bart in three stages: Spring Events will be held from Sunday, April 2 6 to Saturday, :lay 1. Suumier Events will be held in July. Fall Coznnunity7ays will center in the month of October. Subcommittees are now actively woricin~ out the details to stage these events. Your Bicentennial Committee adopted.-..the folloering objectives in programming for the Bicentennial: (1) To carry out a threefold emphasis of America's Bicentennial: Heritage, "a past to remember,"Festival, "a present to celebrate," Horizons, "a future to xefle~t upon." (2) To involve as many Richfield residents, organizations, and business people as practical in planning and implementing these programs. (3) To stage programs and-events of celebration which affect community- wide appeal. (~S) To carry out some sort of major project, or projects of permanent value if funding for such is available.. (5) To draw from Richfield resources in terns of people and talent for the staging of these programs. Guided by such objectives Richfield's Bicentennial celebration. of programs and pro- jects are being developed. l7hereas, it is too :early to present specific pro;ram events for the Spring, .Summer, and Fall, let us suggest to you what some of the ideas are that are bein; proposed. April 26 to Tlay 1 will be the focal point for program events each day of the week. A different segment of our community will be responsible for staging pro ;rams, exhibits, displays, etc. On Sunday, the churches of Richf field, - On iionday, the business community, - On Tuesday, the veterans organizations, - On tJednesday,=the schools of Richfield, - On Thursday,.the leisure and arts groups, - On Friday, representatives in government, and On Saturday, a Fest- ival Fair of arts and crafts. The summer events in July are conceived to be .concerts in the park, picnics, and tours of historic and significant buildings. The fall .events could be 2ichfield Days at the Hennegin County Courthouse with appropriate displays and e:chibitions depicting our City of Richfield, and some kind of Town Hall meeting for evaluation of where we are as a community and where we might want to go in the future. The latter would call together one hundred to two hundred leaders of our community for an all-day brainstorming event. BI--CE~?Ti:TtIdIAL SCROLLS OF REDEDICATIOII j?e also call to your attention a very novel project being carried out in our nation. The project calls for the signing of Bicentennial scrolls of rededication by people in all the Bicentennial Communities of our country. The scrolls will be permanently enshrined in Philadelphia and Gill serve to remind Americans. once again of their co~rnitment to the fundamental laws of justice and gquality for a11. The :linnesota American I+evolution Bicentennial Commission issues. to all Bicentennial communities in our state the call to participate in this inspiring effort. The Bicentennial Scrolls,: when signed by citizens throughout our state, will-serve as evidence of the comm3ament we share and in this mood will be .presented to the ~•tagon Train by iiinnesota legislators during a Capitol ceremony. Carrying, the Scrolls and commemorating the movement of the pioneers, the Tiinnesota [la$an Train will leave St. Paul on-April 11, 1976,. and arrive in Philadelphia by July 4th,. after tracing like wagon, trains from-the 49-other states of the v~nion, historic trails and wagon routes. A gift of the State of Pennsylvania, i~innesota's Prairie Schooner has already toured many Bicentennial .. -~ .^ -4- Conununities. .Beginning tonight at this Council meeting and continuing untS March 1 our Corunittee will sponsor the gathering of signatures on the front and back of the scrolls. All present may wish to affix their signatures tonight. These will be avail- able for further signatures in City Fall until Ifarch 1. How many signatures will we be able to get from the City. of Pichfield? RESOURCES A1'ID VOLUI"TEERS In addition to programming events, activities, and projects that will be sponsored by our Committee, ~~e wish to be helpful to organizations, groups and clubs looking for Bicentennial program resource material. Therefore, we have organized a Bicentennial Resource Committee under the chairmanship of Yit Ericlson of our Committee to coupile a list of speakers, musical-events, exhibitions and other resources that are available for meetings, services, ,and gatherings emphasizing the Bicentennial. j~7e will be pleased to add to our I'.esource listing any suggestions you have. Please send any re- commendations to Iat Erickson, 712b Oliver Avenue S., Richfield, ~•:n. 55423 or telephony 861-3501. We are also seeking volunteers who might wish to help stage our Bicentennial programs and assist in promotion and publicity efforts. Presently we are building a rostrom of such persons.; We opened our last Bicentennial Committee meeting to interested persons who might volunteer their time and serivice in helping us stage. our Bicentennial celebration. It is encouraging to report that some twenty-five persons attended our meeting and revealed an eagerness to share in one capacity or another. Additional People interested are asked. to contact our secretary,, Gertrude Ulrich, 7601 Aldrich Avenue South, Richfield, MN 55423, telephone 866-8171. A T'rlEt~ FOR OJR_ CE_LB_ P.ATI01 It occurred to me the other day when considering this unique project of signing the Scrolls, that a catchy over-all theme for the celebration of the Bicentennial in P3chfield night be, "ti•Je The People!'' flow do you react to such a therie? It erould .further carry out a theme some of us feel is absolutely essential for our day. To reinforce the dea of our vital necessity for each other and to realize our inter- dependance upon each other. It has been well stated that Ore do not need a "Declara- tion of Independance" in our day, but we do need a "Declaration of our Interdepends ance.'' j•1e need to discover ''community".the good, the riches of resource, and the strength we have in each other. James F,eston of the T7ew York Times put it recently, 1tThe central problem of our country is that increasingly individuals and associations ate giving loyalty to themselves and forgetting about the common problems and opportunities of the nation." Rudy Perpach, honorary Chairman of the IZinnesota American Revolution Bicentennial Commission addressing the Bicentennial communities of our state says, ``The Bi- _ centennial is a time...a-time to reflect, a time to remenber, a time to renew. Above all, the Bicentennial is a time to rededicate ourselves to those principles for which our founders fought and by which our nation and our people have groom strong and. worthy.." . xesp~ctfully submitted "7 ~ ~ ~ , ~p _ h ~ . c and J. `ingea .s-