07-27-2004 AgendaCITY OF RICHFIELD, MINNESOTA
TUESDAY, JULY 27, 2004
SPECIAL CITY COUNCIL WORKSESSION
COUNCIL CHAMBERS
6700 PORTLAND AVENUE
5:30 P.M.
Call to order
Roll call
1. Discussion of front yard parking regulations
Adjournment
REGULAR CITY COUNCIL MEETING
COUNCIL CHAMBERS
6700 PORTLAND AVENUE
6:30 P.M.
AGENDA
INTRODUCTORY PROCEEDINGS
Call to order
Roll call
Open forum (15 minutes maximum)
Each speaker is to keep their comment period to three minutes to allow sufficient time for
others. Comments are to be an opportunity to address the Council on items not on the agenda.
Individuals who wish to address the Council must have registered prior to the meeting.
Notes:
Pledge of Allegiance
Approval of minutes of Regular City Council Meeting of July 13, 2004
PRESENTATIONS
1. Presentation of plaque from Richfield VFW to Public Safety Department/Police
2. Presentation of 2004 Landscaping Good Neighbor Awards
3. Community Apartment Program and .5 and 3 strikes multi-housing ordinance update
COUNCIL DISCUSSION
4. Council discussion
• Hats Off To Hometown Hits
Notes:
CITY MANAGER'S REPORT
5. City Manager's report
Notes:
AGENDA APPROVAL
6. Council approval of agenda
CONSENT CALENDAR
7. Consent Calendar contains several separate items which are acted upon by the City
Council in one motion. Once the Consent Calendar has been approved, the individual
items and recommended actions have also been approved. No further Council action is
necessary. However, any Council Member may request that an item be removed from
the Consent Calendar and placed on the regular agenda for Council discussion and
action. All items listed on the Consent Calendar are recommended for approval.
A. Consideration of approval of first reading of ordinance amendment to Section 1146
regarding changing fines for selling tobacco to underage youth ands scheduling
second reading for September 16, 2004 S.R. No. 123
B. Consideration of approval of first reading of ordinance amendment to Section 905
regarding multi-pet residence licenses and scheduling second reading for September
16, 2004 S.R. No. 124
C. Consideration of approval of renewal of cooperative purchasing agreement between
State of Minnesota and City of Richfield for five year period S.R. No. 125
D. Consideration of approval itinerant place of amusement and itinerant food licenses
for Church of St. Peter's annual Fall Festival on October 2 and 3, 2004 S.R. No. 126
Notes:
8. Consideration of item(s), if any, removed from Consent Calendar
Notes:
PUBLIC HEARfNGS
9. Public hearing and consideration of resolution and joint powers agreement giving host
city approval to project refinancing by People Incorporated
Staff Report No. 127
Notes:
10. Public hearing and consideration of resolution adopting special assessment roll for
2003 removal of diseased trees from private property
Staff Report No. 128
~- - Notes:
11. Public hearings and consideration of resolutions adopting special assessment rolls for
2003 maintenance services and resolutions ordering current 2005 maintenance
services
• 77th Street maintenance
Notes:
Staff Report No. 129
• Lyndale/HUB/Nicollet maintenance
Notes:
Staff Report No. 130
OTHER BUSINESS
12. Claims and payrolls
Open forum (additional 15 minutes if more time needed after first Open Forum and by
majority vote of the City Council)
Each speaker is to keep their comment period to three minutes to allow sui~cient time for
others. Comments are to be an opportunity to address the Council on items not on the
agenda. Individuals who wish to address the Council must have registered prior to the
meeting.
Notes:
13.Adjournment
SPECIAL CITY COUNCIL WORKSESSION
COUNCIL CHAMBERS
6700 PORTLAND AVENUE
IMMEDIATELY FOLLOWS REGULAR CITY COUNCIL MEETING
Call to order
Roll call
1. Discussion of 2005 budget priorities
Adjournment
Auxiliary aids for individuals with disabilities are available upon request. Requests must be
made at least 96 hours in advance to the Administrative Services Director at 612-861-9702.
AGENDA SECTION:
AGENDA ITEM #
REPORT #
STAFF REPORT
CITY COUNCIL MEETING
JULY 27, 2004
CONSENT
7E
131
Related to:
CITY COUNCIL GOAL(S) No. 30, 31
REPORT PREPARED BY:
AND/oR RICHFIELD 2020 GOAL(S) NO 39
KRISTIN ASHER, PROJECT ENGINEER
NAME TITLE
COUNCIL PRESENTER:
DEPARTMENT DIRECTOR ^
REVIEW:
REVIEWED BY CITY ^
MANAGER:
ITEM FOR COUNCIL CONSIDERATION:
Consideration of award of contract for roadway improvements on Lyndale Avenue from 76th
Street south to 77th Street.
I. RECOMMENDED ACTION:
By Motion: Accept the bid minutes/tabulation and award contract to
Shafer Contracting Company, Inc. in the amount of one million, eight
hundred twelve thousand, eight hundred sixty-six and 70/100 dollars
($1,812,866.70) for the Lyndale Avenue Reconstruction between 76th
Street and 77th Street.
II. BACKGROUND
As part of the Lyndale Gateway redevelopment, Richfield committed to
reconstructing the 7600 block of Lyndale Avenue. The work was originally
scheduled for both the 2000 and 2001 construction seasons, but the developer was
not ready to have the street closed to traffic and existing businesses on Lyndale
would have lost access during construction. The project was, therefore, delayed
until August of 2004.
SIGNATURE
0727Lyndale7600
The reconstruction of the 7600 block of Lyndale Avenue (curb line to curb line) is
needed to match the new development on the west side of Lyndale, known as
Kensington Park. The developer will construct the sidewalk and streetscape behind
the curb.
The contract includes a raised median on Lyndale Avenue, reconstruction of the
intersection of 76th Street and Lyndale Avenue to repair voids beneath the roadway
surface, to add left turn lanes on 76th Street and to correct grading problems (dips
on both sides of Lyndale) along 76th Street. The project also includes work on 77th
Street to correct a heat expansion/cracking problem.
Bids for work to be performed under City direction were opened on July 22, 2004.
III. BASIS OF RECOMMENDATION
A. POLICY
• Richfield has used infrastructure redevelopment as a tool in attracting
new businesses to the City.
• Bids were solicited and opened according to Federal requirements.
B. CRITICAL ISSUES
• The timing of reconstruction of the 7600 block of Lyndale Avenue
needs to be coordinated with the Kensington Park Project to minimize
disruption for the new businesses.
• The 7600 block of Lyndale Avenue will be closed for 8 weeks to allow
construction to take place. This will cause disruption for both
businesses on Lyndale Avenue and residents in the area.
C. FINANCIAL
• The total City cost of the Lyndale Avenue project is estimated to be
$1,925,000. Federal highway funds (Lyndale Avenue Bridge funds)
will pay for 80% and the City's Municipal State Aid Streets (MSA)
funds (gas tax revenues) will pay for the remaining 20% of the project
costs. The developers are expected to complete the sidewalk and
streetscape work using Housing and Redevelopment (HRA) funds.
The cost to repair 77th Street is $109,000, which will be entirely paid
for using the City's Municipal State Aid (MSA) funds. There is water
and sewer work costing $140,000 that will be paid for with the City's
utility funds.
D. LEGAL
• The City has made commitments to the Lyndale Gateway developers
to provide a new street with an upgraded streetscape.
TERNATIVE
• ~ouncu may choose to reject all bids and direct staff to obtain new bids.
• Council may choose to award a contract to another bidder.
• Council could reject all bids and decline to advance the project.
I V . ATTACHMENTS I
• tsia minutes and tabulation
• Project maps and plans.
~ V 1. PRINCIPAL PARTIES EXPECTED AT MEETING
• ivone
CITY OF RICHFIELD, MINNESOTA
Bid Opening
July 22, 2004
1:00 p.m.
2004 Lyndale Avenue Improvements
City Project 401-30-672
Pursuant to requirements of Resolution No. 1015, a meeting of the Administrative Staff
was called by Steve Devich, Acting City Clerk, who announced that the purpose of the
meeting was to receive, open and read aloud, bids for 2004 Lyndale Avenue
Improvements, City Project No. 401-30-672, as advertised in the official newspaper on
July 8, 2004 and the Construction Bulletin on July 2, and July 9, 2004.
Present: Steve Devich, Acting City Clerk
Kristin Asher, Public Works Representative
Cheryl Krumholz, City Manager Representative
The following bids were submitted and read aloud:
Bidder's Name/City Bid Security Total Bid Amount
Shafer Contracting Co. Inc. Provided $1,812,866.70
Thomas and Sons Construction, Provided $1,939,045.90
Inc.
The City Clerk announced that the bids would be tabulated and considered at the July
27, 2004 City Council Meeting.
Nancy Gibbs City Clerk
AGENDA SECTION: pTIRT.T(' AFARTN(`~
AGENDA ITEM # ~ ~
REPORT # ~ 30
~~ STAFF REPORT
CITY COUNCIL MEETING
JULY 27, 2004
Related to:
CITY COUNCIL GOAL(S) No. NA
REPORT PREPARED BY:
AND/oR RICHFIELD 2020 GOAL(S) NO 29
RANDY HUGHES, OPERATIONS
SUPERINTENDENT
Na~uc TrTG6
COUNCIL PRESENTER:
DEPARTMENT DIRECTOR
REVIEW:
~/
i
REVIEWED BY CITY
MANAGER:
..
ITEM FOR COUNCIL CONSIDERATION:
Public hearing regarding the attached resolutions pertaining to the annual
L ndale/HUB/Nicollet LHN maintenance assessment rocess
I. RECOMMENDED ACTION:
Conduct and close the public hearing and by motion: Approve the
attached resolutions adopting the assessment for 2003 for
Lyndale/HUB/Nicollet (LHN) Maintenance and proposing a similar
assessment process to be implemented for 2005.
II. BACKGROUND
The Lyndale/HUB/Nicollet (LHN) maintenance assessment was established to
recover extraordinary maintenance expenses in the LHN (66th
Street/Lyndale/Nicollet) area in .1981. The extraordinary services include irrigation,
weeding and mowing of landscaped areas. The LHN Redevelopment Area is
approximately bounded by 64th Street, First Avenue, 67th Street and Emerson
Avenue. City staff has determined actual costs of current services to be assessed
07271hn0305assess
for the 2003 maintenance of this area and estimated costs for the 2005
maintenance.
III. BASIS OF RECOMMENDATION -~
A. POLICY
• Resolution No. 6372, adopted in 1981, established a policy for
assessing the costs.
• The City Council ordered the work, and the work is done.
• The City Council scheduled a public hearing for July 27, 2004 on the
assessment for the cost of maintenance services performed in the
LHN development area for 2003 and to consider the establishment of
a special assessment district for maintenance service costs for 2005.
• Staff has calculated the proper amounts to be assessed against every
assessable lot, piece or parcel of land specially benefited. The
proposed assessment was properly filed with the City Clerk, notice
was published in the official newspaper and notices were mailed to the
owner of each parcel described in the assessment roll.
• Notice of the public hearing for the 2005 maintenance costs was
mailed to all owners of commercial property in the area and was
published in the official newspaper as required by law.
B. CRITICAL ISSUES
• On or before September 1 of each year, the City shall list the total
unpaid charges for current services against each separate lot or
parcel to which they are attributable under section 825 of the. City
Code.
The Council may want to discuss extending the boundaries of the LHN
assessment district to include the 66th Street and 35W bridge
landscaping. Estimated costs to maintain the landscaping, irrigation
and decorative lighting are in the $4,000 per year range. The Council
may also want to consider assessing new developments for both
commercial and residential properties.
C. FINANCIAL
• Total cost for 2004 LHN maintenance services is $37,785.67.
• City ordinance provides that special assessments for current services
may be certified to the CountyAuditor for collection along with taxes.
It is-the staff recommendation that such payments be due and payable
within the first year, rather than in installments. The City has the right
to charge interest on the amount assessed in that the City provided
the initial funds for the services. It is also staff's recommendation that
the interest rate be established as four percent (4%). Payment may
be made by the assessed owner before November 15, 2004 in order
to avoid interest payments. Payments made after that date would
include the interest payment.
• The estimated maintenance cost for the period January 1 through
December 31, 2005 is $50,000. All commercial properties would be
assessed on the basis of area, with each square foot of assessable
property to be assessed equally, for the costs incurred in the
maintenance of common areas such as street islands, the civic plaza
and sidewalks. Generally, the businesses maintain the property
behind the curb. In the event the City must perform this maintenance,
the particular business is assessed for the cost of the special,
individual maintenance of direct benefit to the given property.
D. LEGAL
• No legal issues are apparent at this time. The City Attorney will be in
attendance at the Council meeting should a legal question arise.
IV. ALTERNATIVE RECOMMENDATION~S~
• Council may make any changes to the assessment roll as a result of the
public hearing by adding the phrase "and has amended such proposed
assessment as it deems just."
V. ATTACHMENTS
• Resolution adopting assessments for 2003 LHN Maintenance.
• The assessment roll
• Resolution proposing to specially assess the costs of current services for
2005.
• Graphic displaying Lyndale/HUB/Nicollet special assessment district
• Copy of letter sent to assessed property owners
• Comments/responses from assessed property owners
VI. PRINCIPAL PARTIES EXPECTED AT MEETING
• City staff has been available during business hours and at City Hall
immediately .prior to the public hearing to answer questions and concerns of
property owners regarding the 2003 special assessment.
RESOLUTION NO.
RESOLUTION ADOPTING ASSESSMENT FOR
LYNDALE/HUB/NICOLLET (LHN) MAINTENANCE FOR THE PERIOD
JANUARY 1 THROUGH DECEMBER 31, 2003
WHEREAS, pursuant to proper notice duly given as required by law, the Council
has met and passed upon all objections to the proposed assessment for current services
related to maintenance of the Lyndale/Hub/Nicollet (LHN) Redevelopment Area, which is
approximately bounded by 64th Street, First Avenue, 67th Street and Emerson Avenue in
the City of Richfield.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield,
Minnesota as follows:
Such proposed assessment roll, in the total amount of $37,785.67 is hereby accepted and
shall constitute the special assessment against the lands named therein, and each tract of
land therein included is hereby found to be benefited by the proposed current services in
the amount of assessment levied against it.
Such assessment shall be payable before or during 2004 and shall bear interest at the rate
of four percent (4%) from the date of adoption of this assessment resolution.
The owner of any property so assessed may, at any time prior to certification of the
assessment to the County Auditor, pay the whole of the assessment. on such property to
the City's Finance Division, and may, at any time thereafter, pay to the City's Finance
Division the entire amount of the assessment remaining unpaid, with interest accrued to
December 31 of the year in which payment is made. Such payment must be made before
November 15 or interest will be charged through December 31 of the succeeding year.
The City Clerk shall forthwith transmit a certified duplicate of this assessment roll to the
County Auditor to be extended on the proper tax lists of the County and such assessment
shall be collected and paid over in the same manner as other municipal taxes.
Passed by the City Council of the City of Richfield, Minnesota, this 27th day of July,
2004.
Martin J. Kirsch, Mayor
ATTEST:
Nancy Gibbs, City Clerk
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RESOLUTION NO.
RESOLUTION ORDERING UNDERTAKING OF CURRENT SERVICE PROJECT
LYNDALE/HUB/NICOLLET (LHN) MAINTENANCE
JANUARY 1 THROUGH DECEMBER 31, 2005
WHEREAS, pursuant to ordinance, the City Council of the City of Richfield did
establish a special assessment district and did propose that certain services be
undertaken by the City in the Lyndale/HUB/Nicollet Redevelopment Area approximately
bounded by 64th Street, First Avenue, 67th Street and Emerson Avenue and that the cost
of such services be specially assessed against benefited property, and
WHEREAS, the City Council of the City of Richfield did also by such resolution set
the date of public hearing on the undertaking of such current service project and the
levying of special assessment to bear the cost thereof, and
WHEREAS, following due notice, such public hearing was held on July 27, 2004 at
which time all interested parties desiring to be heard were given an opportunity to be
heard.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield,
Minnesota, as follows:
1. That the following examples of current services of the City shall be undertaken
by the City within the LHN Redevelopment Project Area, which area constitutes the special
assessment district with the exception of single family, two family and multifamily
residential properties, with the cost of such services to be specially assessed against the
benefited property within the district:
a. Snow, ice or rubbish removal;
b. Weed elimination;
c. Elimination or removal of public health or safety hazards from private
property, excluding any structure included under the provisions of Minnesota
Statutes Section 463.1:5 to 463.26;
d. Installation and repair of water service lines;
e. Street sprinkling or other dust treatment of streets;
f. .Trimming and care of trees and the removal of unsound trees;
g. Repair of sidewalks, crosswalks and other pedestrian walkways;
h. Operation of the street lighting system;
i. Maintenance of landscaped areas and other public amenities on or adjacent
to street right-of-way;
j. Maintenance of civic plaza;
k. Snow removal and .other maintenance of streets;
I. Painting and repair of wood furniture; .and
m. General maintenance, including repairs and replacement..
2. The work to be performed may be by day labor, by City force, by contractor by
any combination thereof.
3. The designated period of the project shall be from January 1 through December
31, 2005. Costs of the project shall be collected in the manner provided in the Richfield
Ordinance Code.
Passed by the City Council of the City of Richfield, Minnesota, this 27th day of July,
2004.
Martin J. Kirsch, Mayor
ATTEST:
Nancy Gibbs, City Clerk
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6700 Portland Avenue • Richfield, Minnesota 55423-2599
«P I N»
«oName1»
oName2»
«ADDRESS»
«CSZ»
NOTICE OF ASSESSMENT HEARING
NOTICE OF HEARING ON PROPOSED ASSESSMENT FOR
CERTAIN SERVICES OF THE CITY WITHIN THE
LYNDALE/HUB/NICOLLET REDEVELOPMENT AREA
FROM JANUARY 1, 2003 -DECEMBER 31, 2003
NOTICE IS HEREBY GIVEN that the Richfield City Council will hold an assessment hearing
on the date and at the time and place given below, to pass upon the proposed assessment
of maintenance services to that area known as the Lyndale/Hub/Nicollet (L/H/N)
Redevelopment Area in the City.
DATE, TIME AND PLACE OF HEARING: July 27, 2004, at 6:30 p.m. or as soon thereafter
as the matter can be reached on the agenda, at Richfield City Hall, 6700 Portland Avenue
South, Richfield, Minnesota 55423.
NATURE OF IMPROVEMENT AND AREA TO BE ASSESSED: From January 1, 2003
through December 31, 2003, the City of Richfield incurred costs for maintenance of the
L/H/N area, including such. work as landscape maintenance of common properties, including
mowing, fertilizing, irrigation repair and other maintenance services. The City proposes to
assess the costs for L/H/N maintenance and repair, which totaled $37,785.67 against the
properties which benefited from this work.
PROPOSED AMOUNT OF ASSESSMENT: The total amount to be assessed against all
properties is $37,785.67.
The amount to be assessed against your particular property is: «TotalAmt»
Payment can be made after the assessment is adopted and before November 15, 2004 at
the City of Richfield Assessor's office, 6700 Porfland Avenue, Richfield, MN 55423. Please
make your check payable to the City of Richfield.
A copy of the proposed assessment roll is on file for. public inspection at the City Clerk's
office, 6700 Portland Avenue South, Richfield, Minnesota.
THIS IS THE ONLY NOTICE YOU WILL. RECEIVE OF THIS ASSESSMENT. NO
SEPARATE BILLING WILL OCCUR. PLEASE DO NOT MAIL PAYMENT BEFORE THE
ASSESSMENT HEARING ON JULY 27, 2004.
Telephone (612) 861-9700 • Fax (612) 861-9749
A copy of the proposed assessment roll is on file for public inspection at the City Clerk's office,
6700 Portland Avenue South, Richfield, Minnesota.
PAYMENT OF ASSESSMENT: You may pay your assessment at any time after the
assessment has been adopted by presenting a check to the City Treasurer at the Assessor's
office, 6700 Portland Avenue South, Richfield, Minnesota 55423. Unpaid assessments accrue
interest at the rate of four percent (4%) per year. The amount of interest payable depends
upon when your payment is made, and the following deadlines apply:
Pavment within 30 days of adopted assessment: If the original principal amount of the
assessment is $300 or more, you may make a partial prepayment. of $100 or more within 30
days from the date the Council adopts the assessment, scheduled for July 27, 2004. No
interest will be charged on the prepaid portion. Partial prepayments are not allowed after the
30-day period. The unpaid balance will be spread over the life of the adopted assessment.
15~hr percent (4%) interest will not be charged if the entire assessment is paid before November
Pavment on or after November 15, 2004: Interest at the rate of four percent (4%) will be
charged, calculated from the date of adoption of the assessment until the date of payment.
Interest is calculated for 15 months on the first year of the assessment and 12 months
thereafter. There is a $1.50 surcharge per year over the life of the assessment when certified
to the property tax. Questions regarding the assessment payment procedure should be
directed to Annabelle Thomas at 612-861-9714.
HEARING PROCEDURE AND OBJECTIONS: The City Council will conduct a public
hearing on the proposed assessment on the date and time listed. Written and oral objections
will be considered at the meeting, but the Council may consider any objection to the amount of
a proposed individual assessment at an adjourned meeting upon further notice to the affected
property owners, as the Council deems advisable. The Council may adopt the proposed
assessment at the same meeting as the hearing.
RIGHT TO APPEAL: You have the right to appeal the City Council's adoption of the
assessment. To appeal, you must serve notice of an appeal-upon the Mayor or City Clerk
within 30 days after the adoption of the assessment, and you must also file the notice of appeal
with the Hennepin County District Court within ten days after service upon the Mayor or City
Clerk. You may not appeal unless. you file a written obiection signed by you with the City Clerk
prior to the hearing on July 27, 2004, or present the written obiection to the presiding officer at
the hearing on July 27.
BY ORDER OF THE CITY COUNCIL THIS 8TH DAY OF JUNE, 2004.
Nancy Gibbs, City Clerk
Questions? Questions concerning this assessment amount should be directed to
Randy Hughes, Operations Coordinator, at 612-861-9175.
CITY OF RICHFIELD
Memorandum
DATE: July 27, 2004
TO: Special Assessment File
FROM: Randy Hughes
SUBJECT: Comments on Special Assessments
Randy Hughes, Operations Superintendent of the Public Works Department received the
following comments from the owner(s) of the properties affected by the proposed Special
Assessment ordinance to be presented to Council on July 27, 2004.
SPECIAL ASSESSMENT FOR LHN REDEVELOPMENT AREA
Pat Acres -Minnesota Division Coordinator for Super America
651-454-7776, ext. 207
Mr. Acres called to find out why Super America had to pay an assessment when they
contract their own maintenance for their stores. He was informed that the assessment was
for City costs to maintain the public areas in the LHN assessment district.
AGENDA SECTION: PIIBLIC BEARINGS
AGENDA ITEM # 11
REPORT # 129
~~ STAFF REPORT
CITY COUNCIL MEETING
JULY 27, 2004
Related to:
CITY COUNCIL GOAL(S) No. 36 AND/oR RICHFIELD 2020 GOAL(S) NO 29,26
REPORT PREPARED BY: RANDY HUGHES, OPERATIONS
SUPERINTENDENT
NAME, TITLE
COUNCIL PRESENTER:
DEPARTMENT DIRECTOR
REVIEW:
REVIEWED BY CITY
MANAGER:
ITEM FOR COUNCIL CONSIDERATION:
Public hearing regarding the attached resolutions pertaining to the annual 77th Street
maintenance district assessment rocess.
I. RECOMMENDED ACTION:
Conduct and close. the public hearing and by motion: Approve the
attached resolutions adopting the assessment for 77th Street
maintenance in 2003 and proposing a similar assessment process to
be implemented for 2005.
II. BACKGROUND
Since the 1988 construction of the short section of 77th Street around the Hampton
Inn, the City has been performing special, high-quality maintenance along 77th Street.
The special maintenance services include irrigation, weeding and mowing of the
landscaping on both sides of the 77th Street wall. The maintenance functions, known
as current services, are funded through the maintenance assessment on the 77th
Street businesses. City staff has determined costs to be assessed for the
maintenance of the 77th Street redevelopment area between I-35W and Cedar
Avenue.
0727-77th0305assess
III. BASIS OF RECOMMENDATION
A. POLICY
• The City Council ordered the work, and the work is done.
• Resolution No. 7405, adopted in 1988, established a policy for assessing
the costs.
• The City Council scheduled a public hearing for July 27, 2004 on the
assessment for the cost of maintenance services performed in the 77th
Street Project area for 2003 and to consider the establishment of a
special assessment district for maintenance service costs for 2005.
• Staff has calculated the proper amounts to be assessed against every
assessable lot, piece or parcel of land specially benefited. The proposed
assessment was properly filed with the City Clerk, notice was published
in the official newspaper and notices were mailed to the owner of each
parcel described in the assessment roll.
Notice of the public hearing for the 2005 maintenance costs was mailed
to all owners of commercial property in the area and was published in the
official newspaper as required by law.
B. CRITICAL ISSUES
• On or before September 1 of each year, the City shall list the total unpaid
charges for current services against each separate lot or parcel to which
they are attributable under section .825 of the City Code.
• New developments on 77th Street take advantage of the extra amenities
along 77th Street. Both commercial and residential properties benefit but
residential owners do not help pay the cost of maintaining these
amenities on the residential square footage of their properties. Council
could consider changing that policy in this resolution for future
developments.
C. FINANCIAL
• Total cost for 77th Street Maintenance is $59,831.07 for 2004.
• City ordinance provides that special assessments for current services
may be certified to the County. Auditor for collection along with taxes. It
is the staff recommendation that such payments be due and payable
within the#irst year, rather than in installments. The City has the right to
charge interest on the amount assessed in that the City provided the
initial funds for the services. it is also staff's recommendation that the
interest rate be established as four percent (4%). Payment may be
made by the assessed owner before November 15, 2004 in order to
avoid interest payments.. Payments made after that date would include
the interest payment.
• The estimated maintenance cost for the period January 1 through
December 31, .2005 is $80,000. All commercial properties would. be
assessed on a square foot basis. All residential properties,. plus the two
churches in the area, would be exempt from the special assessment
levy.
D. LEGAL
• No legal issues are apparent at this time. The City Attorney will be in
attendance at the Council meeting should a legal question arise.
IV. ALTERNATNE RECOMMENDATION(S~
• Council may make any changes to the assessment roll as a result of the public
hearing by adding the phrase "and has amended such proposed assessment as
it deems just."
V. ATTACHMENTS
• Resolution adopting assessments for 2003 77th Street Maintenance
• The assessment roll
• Resolution proposing to specially assess for current services for 2005
• Graphic displaying 77th Street special assessment district.
• Copy of letter sent to property owners
• Comments/responses from assessed property owners
VI. PRINCIPAL PARTIES EXPECTED AT MEETING
• City staff has been available during business hours and at City Hall immediately
prior to the public hearing to answer questions and concerns of property owners
regarding the 2003 special assessment.
RESOLUTION NO.
RESOLUTION ADOPTING ASSESSMENT ON
77TH STREET MAINTENANCE FOR THE PERIOD
JANUARY 1 -DECEMBER 31, 2003
WHEREAS, pursuant to proper notice duly given as required by law, the council has
met and passed upon all objections to the proposed assessment for current services related
to maintenance of the 77th Street Redevelopment Project, which is approximately bounded
east of I-35W and west of Cedar Avenue.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield,
Minnesota as follows:
Such proposed assessment roll in the total amount of $59,831.07 is hereby accepted and
shall constitute the special assessment against the lands named therein, and each tract of
land therein included is hereby found to be benefited by the proposed current services in the
amount of assessment levied against it.
Such assessment shall be payable before or during 2004 and shall bear interest at the rate of
four percent (4%) from the date of adoption of this. assessment resolution.
The owner of any property so assessed may, at any time prior to certification of the
assessment to the County Auditor,. pay the whole of the assessment on such property to the
City's Finance Division and may, at any time thereafter, pay to the City's Finance Division the
entire amount of the assessment remaining unpaid, with interest accrued to December 31 of
the year in which payment is made. Such payment must be made before November 15 or
interest will be charged through December 31 of the succeeding year.
The City Clerk shall forthwith transmit a certified duplicate of this assessment roll to the
County Auditor to be extended on the proper tax lists of the County and such assessment
shall be collected and paid over in the same manner in other municipal taxes.
Passed by the City Council of the City of Richfield, Minnesota, this 27th day of July 2004.
Martin J. Kirsch, Mayor
ATTEST:
Nancy Gibbs, City Clerk
RESOLUTION NO.
RESOLUTION ORDERING UNDERTAKING OF CURRENT SERVICE PROJECT
77TH STREET PROJECT AREA JANUARY 1 THROUGH DECEMBER 31, 2005
WHEREAS, pursuant to ordinance, the City Council of the City of Richfield did
establish a special assessment district and did propose that certain current services be
undertaken by the City in the 77th Street Project Area, approximately bounded by I-35W,
77th Street, I-494 and Cedar Avenue and that the cost of such services be specially
assessed against benefited property, and
WHEREAS, the City Council of the City of Richfield did also by such resolution set the
date of the public hearing on the undertaking of such current service project and the levying
of special assessment to bear the cost thereof, and
WHEREAS, following due notice, such public hearing was held on July 27, 2004 at
which time all interested parties desiring to be heard were given an opportunity to be heard.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield,
Minnesota as follows:
1. That the following examples of current services of the-City shall be undertaken by
the City within the 77th Street Project Area, which area constitutes the special assessment
district with the exception of residential properties, plus the two churches in the area, with the
cost of such services to be specially assessed against the benefited property within the
district:
a. Snow, ice or rubbish removal;
b. Weed elimination;
c. Elimination or removal. of public health or safety hazards from private property,
excluding any structure included under the provisionsof Minnesota Statutes
Section 463.15 to 463.26;
d. Street sprinkling or other dust treatment of streets;
e. Trimming and care of trees and the removal of unsound trees;
f. Repair of sidewalks, crosswalks and .other pedestrian walkways;
g. Operation of the street lighting system;
h. Maintenance of landscaped areas and other public amenities on or adjacent to
street: right-of-way;
i. Snow removal and other maintenance of streets;
j. General maintenance, including repairs and.. replacement.
2. The work to be performed may be by day labor, by City force, by contract or by any
combination thereof.
3. The designated period of the project shall be from January 1 through December 31,
2005. Costs of the project shall be in the manner provided in the Richfield Ordinance Code.
Passed by the City Council of the .City of Richfield, Minnesota this 27th day of July, 2004.
Martin J. Kirsch, Mayor
ATTEST:
Nancy Gibbs, City Clerk
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RESOLUTION NO.
RESOLUTION ORDERING UNDERTAKING OF CURRENT SERVICE PROJECT
77TH STREET PROJECT AREA JANUARY 1 THROUGH DECEMBER 31, 2005
WHEREAS, pursuant to ordinance, the City Council of the City of Richfield did
establish a special assessment district and did propose that certain current services be
undertaken by the City in the 77th Street Project Area, approximately bounded by I-35W,
77th Street, I-494 and Cedar Avenue and that the cost of such services be specially
assessed against benefited property, and
WHEREAS, the City Council of the City of Richfield did also by such resolution set the
date of the public hearing on the undertaking of such current service project and the levying
of special assessment to bear the cost thereof, and
WHEREAS, following due notice, such public hearing was held on July 27, 2004 at
which time all interested parties desiring to be heard were given an opportunity to be heard.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield,
Minnesota as follows:
1. That the following examples of current services of the City shall be undertaken by
the City within the 77th Street Project Area; which area constitutes the special assessment
district with the exception of residential properties, plus the two churches in the area, with the
cost of such services to be specially assessed against the benefited property within the
district:
a. Snow, ice or rubbish removal;.
b. Weed elimination;
c. Elimination or removal of public health or safety hazards from private .property,
excluding any structure included under he provisions of Minnesota Statutes
Section 463.15 to 463.26;
d. Street sprinkling or other dusf treatment of streets;
e. Trimming and care of trees and the removal of unsound trees;
f. Repair of sidewalks, crosswalks :and other pedestrian. walkways;
g. Operation of the street lighting system;
h. Maintenance of landscaped areas and other public amenities on or adjacent to
street right-of-way;
i. Snow removal and other maintenance of streets;
j. General maintenance,: including repairs and replacement.
2. The work to be performed may be by day labor, by City force, by contract or by any
combination thereof.
3. The designated' period of the project shall be from January 1 through December 31,
2005. Costs of the project shall be in the manner provided in the Richfield Ordinance-Code.
Passed by the City Council of the City of Richfield; Minnesota this 27th day of July, 2004.
Martin J. Kirsch, Mayor
ATTEST:
Nancy Gibbs, City Clerk
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6700 Portland Avenue • Richfield, Minnesota 55423-2599
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NOTICE OF ASSESSMENT HEARING
NOTICE OF HEARING ON PROPOSED ASSESSMENT FOR CERTAIN SERVICES OF
THE CITY WITHIN THE 77TH STREET REDEVELOPMENT AREA
FROM JANUARY 1, 2003 -DECEMBER 31, 2003
NOTICE IS HEREBY GIVEN that the Richfield City Council will hold an assessment hearing
on the date and at the time and place given below, to pass upon the proposed assessment
for the maintenance of the 77th Street Redevelopment area in the City.
DATE, TIME AND PLACE OF HEARING: July 27, 2004, at 6:30 p.m. or as soon thereafter
as the matter can be reached on the agenda, at Richfield City Hall, 6700 Portland Avenue
South, Richfield, Minnesota 55423
NATURE OF IMPROVEMENT AND AREA TO BE ASSESSED: From January 1, 2003
through December 31, 2003, the City of Richfield incurred costs for maintenance of the 77th
Street area, including such work as landscape maintenance of common properties, including
mowing, fertilizing irrigation repair and other maintenance services. The City proposes to
assess the costs for maintenance in the 77th Street project area, which totaled $59,831.07,
against the properties that benefited from this work.
PROPOSED AMOUNT OF ASSESSMENT: The total amount to be assessed against all
properties is $59,831.07.
The amount to be assessed against your particular property is: «TotalAmt».
Payment can be made after the assessment is adopted and before November 15, 2004 at
the City of Richfield Assessor's office, 6700 Portland Avenue, Richfield, MN 55423. Please
make your check payable to the City of Richfield.
A copy of the proposed assessment roll is on file for public inspection at the City Clerk's
office, 6700 Portland Avenue South, Richfield, Minnesota.
THIS IS THE ONLY NOTICE YOU WILL RECEIVE OF THIS ASSESSMENT. NO
SEPARATE BILLING WILL OCCUR. PLEASE DO NOT MAIL PAYMENT BEFORE THE
ASSESSMENT HEARING ON JULY 27, 2004.
Telephone (612) 861-9700 • Fax (612) 861-9749
A copy of the proposed assessment roll is on file for public inspection at the City Clerk's office,
6700 Portland Avenue South, Richfield, Minnesota.
PAYMENT OF ASSESSMENT: You may pay your assessment at any time after the
assessment has been adopted by presenting a check to the City Treasurer at the Assessor's
office, 6700 Portland Avenue South, Richfield, Minnesota 55423. Unpaid assessments accrue
interest at the rate of four percent (4%) per year. The amount of interest payable depends
upon when your payment is made, and the following deadlines apply:
Payment within 30 days of adopted assessment: If the original principal amount of the
assessment is $300 or more, you may make a partial prepayment of $100 or more within 30
days from the date the Council adopts the assessment, scheduled for July 27, 2004. No
interest will be charged on the prepaid portion. Partial prepayments are not allowed after the
30-day period. The unpaid balance will be spread over the life of the adopted assessment.
15 nr percent (4%) interest will not be charged if the entire assessment is paid before November
Pavment on or after November 15, 2004: Interest at the rate of four percent (4%) will be
charged, calculated from the date of adoption of the assessment until the date of payment.
Interest is calculated for 15 months on the first year of the assessment and 12 months
thereafter. There is a $1.50 surcharge per year over the life of the assessment when certified
to the property tax. Questions regarding the assessment Pavment procedure should be
directed to Annabelle Thomas at 612-861-9714.
HEARING PROCEDURE AND OBJECTIONS: The City Council will conduct a public
hearing on the proposed assessment on the date and time listed. Written and oral objections
will be considered at the meeting, but the Council may consider any objection to the amount of
a proposed individual assessment at an adjourned meeting upon further notice to the affected
property owners, as the Council deems advisable. The Council may adopt the proposed
assessment at the. same meeting. as the hearing.
RIGHT TO APPEAL: You have the right to appeal the City Council's adoption of the
assessment. To appeal, you must serve notice of an appeal upon the Mayor or City Clerk
within 30-days after the adoption of the assessment, and you must also file the notice of appeal
with the Hennepin County District Court within ten days after service upon the Mayor or City
Clerk. You may not appeal unless you file a written obiection, signed by you with the City Clerk
prior to the hearing on July 27, 2004, or present the written obiection to the presiding officer at
the hearing on July 27.
BY ORDER OF THE CITY COUNCIL THIS 8TH DAY OF JUNE, 2004.
Nancy Gibbs, City Clerk
Questions? Questions concerning this assessment amount should be directed to
Randy Hughes, Operations Coordinator, at 612-861-9175.
CITY OF RICHFIELD
Memorandum
DATE: July 27, 2004
TO: Special Assessment File
FROM: Randy Hughes
SUBJECT: Comments on Special Assessments
Randy Hughes, Operations Superintendent of the Public Works Department received the
following comments from owners of property affected by the proposed Special Assessment
ordinance to be presented to Council on July 27, 2004.
SPECIAL ASSESSMENT FOR 77TH STREET DISTRICT
Pat Acres -Minnesota Division Coordinator for Super America
651-454-7776, ext. 207
Mr. Acres called to find out why Super America had to pay an assessment when they
contract their own maintenance for their stores. He was informed that the assessment was
for City costs to maintain the public areas along 77th Street.
Bob Miller -Soo Line Railroad Co.
Mr. Miller sent the attached letter protesting the assessment.
. CANADIAN
PACIFIC
RA i LWAY
1~1 .
Real Estate Suite 804
501 Marquette Avenue South
Minneapolis Minnesota 55402
~~~C~
Fax (612) 904-6147
,IUL ~ ~~ 2004
gam:
City of Richfield
City Council
c/o City Clerk
6700 Portland Ave
Richfield MN 55423-2599
IN THE MATTER OF THE ACTION OF THE RICHFIELD CITY COUNCIL, IN ITS
CONSIDERATION FOR 77TH STREET REDEVELOPMENT AREA; WHICH
IMPROVEMENTS ARE TO BE CONSIDERED, ALONG WITH WRITTEN
PROTESTS FILED BY OWNERS OF PROPERTY WITHIN THE BOUNDARIES OF
PROPOSED ASSESSMENTS; IlVIPROVEMENTS TO BE CONSIDERED BY THE
RICHFIELD CITY COUNCIL ON TUESDAY, JULY 27, 2004 AT 6:30PM.
NOTICE OF PROTEST
RICHFIELD CITY COUNCIL:
You and each of you are hereby notified that the Soo Line Railroad Company
DBA Canadian Pacific Railway, being aggrieved, does hereby protest the action of the
City Council and does file this Notice of Protest with the City Clerk of said City, and the
grounds upon which this protest is based are as follows:
T
That it is owner of property within Richfiled, MN described in the City's Notice
of public hearing as follows:
PARCEL 3402824210004
II.
That the Soo Line Railroad Company's present and future use of said property is
restricted entirely to railroad uses and will not benefit from the proposed improvement.
III.
That, as to the Soo Line Railroad Company property, any assessment would be
arbitrary, capricious, unjust, discriminatory, inequitable and excessive.
IV.
That any assessment against the Soo Line Railroad Company's property would
result in depriving the protestant of said property without due process of law in violation
of Section I of the 14th Amendment to the United States Constitution and in violation of
the Constitution of the State of Minnesota.
Dated this 7th day of July, 2004.
Respectfully submitted,
SOO LINE RAILROAD COMPANY
Real Estate Department
501 Marquette Ave South -Room 804
Minneapolis, MN 55402
By
for Director Real Estate arketing U. .
CANADIAN PACIi=1C RAILMJAY'
AGENDA SECTION: pjI$ .T .ARTN(iS
AGENDA ITEM # 10
REPORT # 128
~~ STAFF REPORT
CITY COUNCIL MEETING
JULY 27, 2004
Related to:
CITY COUNCIL GOAL(S~ NO. NA
AND/OR RICHFIELD 2020 GOAL(S~ NO
10.14,16
REPORT PREPARED BY:
RANDY HUGHES, OPERATIONS
SUPERINTENDENT
N,~, TiTLc
COUNCIL PRESENTER:
DEPARTMENT DIRECTOR
REVIEW:
REVIEWED BY CITY
MANAGER: ~
ITEM FOR COUNCIL CONSIDERATION:.
Public hearing regarding the special assessment roll for removal of diseased trees from private
ro ert for work ordered in 2003.
I. RECOMMENDED ACTION:
Conduct and close the public hearing and by motion: Approve the
attached resolution adopting the assessment for removal of diseased
trees private property for work ordered from January 1 through
December 31, 2003.
II. BACKGROUND
In the period from January 1, 2003 through December 31, 2003, 19 property
owners chose to use the City's contractor and requested that the-cost of the tree
removal be assessed.
0727TreeAssess
III. BASIS OF RECOMMENDATION
A. POLICY
• The work has been done with prior approval from the affected
residents.
• City staff has calculated the amounts to be assessed against every
assessable lot, piece or parcel of land specially benefited. The
proposed assessment was properly filed with the City Clerk, notice
was published in the official newspaper and notices were mailed to
the owner of each parcel described in the assessment roll.
B. CRITICAL ISSUES
• On or before September 1 of each year, the City shall list the total
unpaid charges for current services against each separate lot or
parcel to which they are attributable under section 825 of the City
Code.
C. FINANCIAL
• The costs to be assessed for the removal of Dutch Elm diseased
trees on private. property for work ordered during the period
January 1, 2003 through December 31, 2003 have been
determined to be $42,974.88.
• City ordinance provides-that special assessments for current
services may be certified to the county Auditor for collection along
with taxes. Thiscertification may provide that the assessments be
completelypaid in the first year or in annual installments. As in
prior years of the program to remove diseased trees from private.
property, it is recommended such payments be due and payable
over athree-year period.
• The adopted assessment roll for the period of January 1, 2003
through December 31.,,2003. will be certified with the County Auditor
by the end of October, 2004. The. City has the right to charge
interest on the amount assessed in that the City provided the funds
for the initial expense. As in prior years of the program, it is
recommended that. the interest rate be established at eight percent,
the maximum allowed by State Law.
D. LEGAL
• No legal issues are apparent at this time. The City Attorney will be
in attendance at the Council meeting should a legal question arise.
IV. ALTERNATIVE RECOMMENDATION(S~
• Council may revise the special assessment roll as deemed necessary
following the public hearing.
V. ATTACHMENTS
• Resolution
• Assessment roll
• Copy of letter sent to residents
• Comments/responses from assessed property owners
VI. PRINCIPAL PARTIES EXPECTED AT MEETING
• None
RESOLUTION NO.
RESOLUTION ADOPTING ASSESSMENT
ON REMOVAL OF DISEASED TREES FROM PRIVATE PROPERTY
FOR THE PERIOD OF JANUARY 1, 2003 THROUGH DECEMBER 31, 2003
WHEREAS, pursuant to proper notice duly given as required by law, the City
Council has met and passed upon all objections to the proposed assessment for current
services related to removal of diseased trees from the following private property in the
City of Richfield:
Property Address
6512 Logan Avenue South
7233 Harriet Avenue South
6740 Vincent Avenue South
6615 Morgan Avenue South
7432 Sheridan Avenue South
2905 W 71st Street
2911 W 71st Street
6612 Girard Avenue South
6608 Clinton Avenue South
6614 17th Avenue South
7732 Vincent Avenue South
6337 Blaisdell Avenue South
7036 Logan Avenue South
7127 Clinton Avenue South
951E 77th Street
7020 Garfield Avenue South
7046 5th Avenue South
6611 Newton Avenue South
6612 Logan Avenue South
Property Identification Number
28-02824-23-0120
34-02824-23-0056
29-02824-42-0112
28-02824-32-0013
32-02824-41-0014
32-02824-12-0052
32-02824-12-0053
28-02824-42-0033
27-02824-41-0069
26-02824-41-0007
32-02824-43-0071
27-02824-21-0075
33-02824-22-0011
34-02824-11-0048
35-02824-34-0005
34-02824-22-0025
34-02824-11-0096
28-02824-32-0032
28-02824-32-0002
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Richfield, Minnesota:
1. Such proposed assessment roll, in the amount of $42,974.88, is hereby accepted
and shall constitute the special assessment against the lands named herein, and each
tract of land therein included is hereby. found to be benefited by the proposed current
services in the amount of the assessment levied against it.
2. Such assessment shall be payable in no more than three annual installments and
shall bear interest at the rate of four (4%) percent from the date of adoption of this
assessment resolution.
3. The owner of any property so assessed may, at any time prior to certification of
the assessment to the County Auditor, pay the whole of the assessment on such
property to the City's Assessing Division, and he may at any time thereafter, pay to the
City's Assessing Division the entire amount of the assessment remaining unpaid, with
interest accrued to December 31 of the year in which such payment is made. Such
payment must be made before November 15 or interest will be charged through
December 31 of the next succeeding year.
4. The City Clerk shall forthwith transmit a certified duplicate of this assessment roll
to the County Auditor to be extended on the property tax lists of the County and such
assessments shall be collected and paid over in the same manner as other municipal
taxes.
Passed by the City Council of the City of Richfield,. Minnesota this 27th day of
July, 2004.
ATTEST:
Martin J. Kirsch, Mayor
Nancy Gibbs, City Clerk
ASSESSMENT ROLL
2003 REMOVAL OF DISEASED TREES FROM PRIVATE PROPERTY
28-02824-23-0120
34-02824-23-0056
28-02824-32-0002
29-02824-42-0112
28-02824-32-0013
32-02824-41-0014
32-02824-12-0052
32-02824-12-0053
28-02824-42-0033
27-02824-41-0069
26-02824-41-0007
32-02824-43-0071
27-02824-21-0075
33-02824-22-0011
34-02824-11-0048
35-02824-34-0005
34-02824-22-0025
34-02824-11-0096
28-02824-32-0032
NAME
William Murray
Sharon Ojile
Sylvia Jesse
Patricia Henderson
Anne Sheridan
Douglas Anderson
Barbara Osborn
Marlene Lynch
Phyllis Montgomery
Douglas Olson
David Vrchota
Denice Smith
Sherri Heffern-
Tripodi
Jessica Person
Terry Hoops
Village Park of
Richfield
Holly Serk
Mohamud Farah
David Highum
ADDRESS
6512 Logan Ave So
7233 Harriet Ave So
6612 Logan Ave So
6740 Vincent Ave So
6615 Morgan Ave So
7432 Sheridan Ave So
2905 W 71st St
2911 W 71st St
6612 Girard Ave So
6608 Clinton Ave So
6614 17th Ave So
7732 Vincent Ave So
6337 Blaisdell Ave So
7036 Logan Ave So
7127 Clinton. Ave So
951E 77th St
7020 Garfield Ave So
7046 5th Ave So
6611 Newton Ave So
C ITYSTZI P
Richfield, MN 55423
Richfield, MN 55423
Richfield, MN 55423
Richfield, MN 55423
Richfield, MN 55423
Richfield, MN 55423
Richfield, MN 55423
Richfield, MN 55423
Richfield, MN 55423
Richfield, MN 55423
Richfield, MN 55423
Richfield, MN 55423
Richfield, MN 55423
Richfield, MN 55423
Richfield, MN 55423
Richfield, MN 55423
Richfield, MN 55423
Richfield, MN 55423
Richfield, MN 55423
AMOUNT
680.00
3,450.00
370.00
2,822.00
5,918.00
1,825.00
1,258.00
1,258.00
1,771.00
3, 594.38
5,751.00
2,449.00
2,343.50
1, 704.00
2,236.00
235.00
950.00
810.00
3,450.00
6700 Portland Avenue • Richfield, Minnesota 55423-2599
«PID»
MAYOR «NAME»
MARTIN J. KIRSCH «ADDRESS»
CITY COUNCIL « CITYSTZIP»
JOHNENGER
SUSAN ROSENBERG
suzANNE M. sANDAHL NOTICE OF ASSESSMENT HEARING
GERTRUDE ULRICH
CITY MANAGER NOTICE OF HEARING ON PROPOSED ASSESSMENT FOR CERTAIN SERVICES OF
SAMANTHA ORDUNO THE CITY FOR REMOVAL OF DISEASED TREES ON PRIVATE PROPERTY
(JANUARY 1, 2003 -DECEMBER 31, 2003)
NOTICE IS HEREBY GIVEN .that the Richfield City Council will hold an
assessment hearing on the date and at the time and place given below, to pass upon the
proposed assessment for the .removal .and disposal of diseased .trees on private property.
DATE, TIME AND PLACE OF HEARING: July 27, 2004, at 6:30. p.m. or as soon
thereafter as the matter can be reached on the agenda, at Richfield City Hall,. 6700
Portland Avenue South, Richfield, Minnesota 55423.
NATURE OF IMPROVEMENT AND AREA TO BE ASSESSED: Costs incurred for
removal of diseased trees from private property with the consent-and approval of the
property owners for work. ordered from the City of Richfield, January 1, 2003 through
December 31, 2003. The City proposes to assess the costs for this work, which totaled
$42, 974.88.
THE SPECIAL ASSESSMENT TO YOUR PROPERTY IS: $«AMOUNT»
Payment can be made after the assessment is adopted and before November 15, 2004
at the City of Richfield Assessor's office, 6700 Portland Avenue, Richfield, MN 55423.
Please make-your check payable to the City of Richfield.
THIS IS THE ONLY NOTICE YOU WILL RECEIVE OF THIS ASSESSMENT. NO
SEPARATE BILLING WILL OCCUR.
A copy of the proposed assessment roll is on file for public inspection at the City Clerk's
office, 6700 Portland Avenue South, Richfield, Minnesota.
The Urban Hometown
Telephone (612) 861-9700 • Fax (612) 861-9749
www.ci.richfield.mn.us AN EQUAL OPPORTUNITY EMPLOYER
A copy of the proposed assessment roll is on file for public inspection at the City Clerk's office,
6700 Portland Avenue South, Richfield, Minnesota.
PAYMENT OF ASSESSMENT: You may pay your assessment at any time after the
assessment has been adopted by presenting a check to the City Treasurer at the Assessor's
office, 6700 Portland Avenue South, Richfield, Minnesota 55423. Unpaid assessments accrue
interest at the rate of four percent (4%) per year. The amount of interest payable depends
upon when your payment is made, and the following deadlines apply:
Payment within 30 days of adopted assessment: If the original principal amount of the
assessment is $300 or more, you may make a partial prepayment of $100 or more within 30
days from the date the Council adopts the assessment, scheduled for July 27, 2004. No
interest will be charged on the prepaid portion. Partial prepayments are not allowed after the
30-day period. The unpaid balance will be spread over the life of the adopted assessment.
Four percent (4%) interest will not be charged if the entire assessment is paid before November
15tH
Payment on or after November 15, 2004: Interest at the. rate of four percent (4%) will be
charged, calculated from the date of adoption of the assessment until the date of payment.
Interest is calculated for 15 months on the first year of the assessment and 12 months
thereafter. There is a $1.50 surcharge per year over the life of the assessment when certified
to the property tax. Questions regarding the assessment payment procedure should be
directed to Annabelle Thomas at 612-861-9714.
HEARING PROCEDURE AND OBJECTIONS: The City Council will conduct a public
hearing on the proposed assessment on the date and time listed. Written and oral objections
will be considered at the meeting, but the Council may consider any objection to the amount of
a proposed individual assessment at an adjourned meeting upon further notice to the affected
property owners, as the Council deems advisable. The Council may adopt the proposed
assessment at the. same meeting as the hearing.
RIGHT TO APPEAL: You have the right to appeal the City Council's adoption of the
assessment. To appeal, you must serve notice of an appeal upon the Mayor or City Clerk
within 30 days after the adoption of the assessment, and you must also file the notice of appeal
with the Hennepin County District Court within ten days after service upon the Mayor or City
Clerk. You may not appeal unless you file a written obiection, signed by you, with the Citv Clerk
prior to the hearing on July 27, 2004, or present the written obiection to the presiding officer at
the hearing on July 27.
BY ORDER OF THE CITY COUNCIL THIS 8TH DAY OF JUNE, 2004.
Nancy Gibbs, City Clerk
Questions? Questions concerning this assessment amount should be directed to
Randy Hughes, Operations Coordinator, at 612-861-9175.
CITY OF RICHFIELD
Memorandum
DATE: July 27, 2004
TO: Special Assessment File
FROM: Randy Hughes
SUBJECT: Comments on Special Assessments
Randy Hughes, Operations Superintendent of the Public Works Department received
the following comments from owners of property affected by the proposed Special
Assessment ordinance to be presented to Council on July 27, 2004.
SPECIAL ASSESSMENT FOR DISEASED TREE REMOVAL
Marlene Lynch - 2911 West 71st Street
612-866-1486
Ms. Lynch had some questions about the payment options and wanted to know if
she should attend the meeting. She was informed that she could attend but if she
had no objections to the assessment it was not really necessary.
AGENDA SECTION: pDgj,iC RTN
AGENDA ITEM # 9
REPORT # j 2 ]
~~' STAFF REPORT
CITY COUNCIL MEETING
JULY 27, 2004
Related to:
CITY COUNCIL GOAL(S) No. N/A
AND/OR RICHFIELD 2020 GOAL(S) NO N/A
REPORT PREPARED BY:
STEVEN L.DEVICH,
ADMIN. SERVICES DIRECTOR
NAME, TITLE
COUNCIL PRESENTER:
REVIEWED BY CITY
MANAGER:
ITEM FOR COUNCIL CONSIDERATION:
Public hearing and consideration of a resolution and joint powers agreement giving host city
a royal to a refinancin b Peo le Incor orated.
I. RECOMMENDED ACTION:
Conduct and close the public hearing and by motion: Approve the
attached resolution and joint powers agreement giving host city
a royal to the roject refinancing to be undertaken by People Inc.
II. BACKGROUND
The City of New Hope is issuing tax exempt bonds on behalf of People Inc., to
provide refinancing of existing debt. People Inc., is anon-profit organization that
promotes and secures independent and community integration for people with
mental illnesses and other brain disorders.
People Inc. has several facilities in the metro area,. one of which is located in the
City of Richfield. Consequently, because one of their facilities is located in Richfield,
the City is considered a "host city" and must hold a public hearing and execute a
joint powers agreement in conjunction with this financing.
III. BASIS OF RECOMMENDATION
07132004PeopleslncPublicHearing
A. POLICY
• The City of Richfield has established guidelines that address how the
City may respond to and be compensated for such "host city" types of
tax-exempt financing approvals.
B. CRITICAL ISSUES
• People, Inc. has asked the City to consider this matter on July 27,
2004 in order for the tax-exempt financing to be processed in a timely
manner.
C. FINANCIAL
• The City will receive a base fee of $500 for staff and administrative
time concerning this host city approval.
• The City will be reimbursed and held harmless for and from any out-
of-pocket expenses related to the procedures required of the City by
federal and State law for the tax exempt refinancing by People Inc.
D. LEGAL
• Under State law, a joint powers agreement is required between the
City of Richfield and People Inc.
• Under federal law, a public hearing regarding the tax exempt
refinancing must be held, notice of public hearing must be published
and Council must adopt a resolution approving the refinancing of
People Inc. outstanding debt.
• Notice of public hearing was published in the July 8, 2004 Sun Current
newspaper.
• All documents regarding this transaction have been reviewed by the
City Attorney.
IV. ALTERNATNE RECOMMENDATIONS}
• Forgo approving the attached resolution and joint powers agreement with
regards to the project refinancing to be undertaken by People Inc.
V. ATTACHMENTS
• Resolution
• Joint Powers agreement
VI. PRINCIPAL PARTIES EXPECTED AT MEETING
• None.
~~~
r;Lv~~eo~
1~~ ~ 9
~~~ 1~7
RESOLUTION NO.
RESOLUTION GIVING APPROVAL TO A PROJECT BY PEOPLE
INCORPORATED, UNDER MINNESOTA STATUTES, SECTIONS
469.152 THROUGH 469.165 AND APPROVING A JOINT POWERS
AGREEMENT
BE IT RESOLVED, by the City Council of the City of Richfield, Hennepin County, Minnesota (the
"City"), as follows:
Description of the Project.
a. People Incorporated (the "Borrower") located at 317 York Avenue in St. Paul,
Minnesota, a Minnesota nonprofit corporation and organization described in Section 501(c)(3) of the
Internal Revenue Code of 1986, as amended (the "Code") (and, as represented to the City by the
Borrower, an organization that is primarily engaged in activities for mentally or physically disabled
persons and providing social services, such as providing assistance, to the poor, distressed, or
underprivileged) has proposed issuance of revenue obligations, in one or more series, by the City of
New Hope, Minnesota (the "Issuer") in an amount not to exceed $713,000 (the "Obligations"), to
refinance commercial indebtedness incurred for the acquisition, renovation or equipping of the shared
housing facilities for persons with mental illness listed below and the financing of a portion of the costs
associated with the financing (the "Project"):
Name and Address of Facility° Size and Descri ~ti~n of haciliri~
Heather Ridge 5 bedroom - 3 bath, 3 car attached, 4
7483 46th St. N. level split home
Oakdale, MN
Jordan House 4 bedroom - 1.75 bath, 1 car attached,
7708 45th 1/2 Av. N. rambler
New Ho e, MN
Upton House 3 BR upper level, egress window & 1
7720 Upton Av. S. addl BR added LL, rambler, 2.25
Richfield, MN bath, 2 car detached
Londin House 4 BR, 2 bath, split entry home
384 Londin Place
St. Paul, MN
Scott House 3 BR, 3 bath rambler
7573 Scott Ave. N.
Brookl n Park, MN
b. The Project will be owned and operated by the Borrower.
c. Portions of the Project are located in the City, the Issuer and the Cities of Oakdale, St.
Paul, Brooklyn Park, Minnesota (collectively, and including the Issuer and the City, the "Host Cities").
2. Recitals Relating to the Joint Exercise of Powers.
a. The Borrower has requested that the Host Cities cooperate (as permitted by Minnesota
Statutes, Section 471.59) through a joint powers agreement in authorizing the financing of the Project
through the issuance of the Obligations pursuant to Minnesota Statutes, Sections 469.152 through
469.165 as amended (the "Act").
b. A draft copy of the Joint Powers Agreement among the Host Cities (the "Joint Powers
Agreement") has been submitted to the Council and is on file in the office of the Clerk.
3. Recital of Representations Made by the Borrower.
a. The City has been advised by representatives of the Borrower that: (i) conventional
financing is available only on a limited basis and at such high costs of borrowing that the economic
feasibility of operating the Project would be significantly reduced; (ii) on the basis of information
submitted to this Council by the Borrower and their discussions with representatives of area financial
institutions and potential buyers oftax-exempt bonds, the Obligations could be issued and sold upon
favorable rates and terms to finance the Project; (iii) the Borrower will experience a significant debt
service cost savings as a result of the Project; and (iv) the Project would not be undertaken in its present
form but for the availability of financing under the Act.
b. The Borrower has agreed to pay any and all costs incurred by the City in connection with
the issuance of the Obligations by the Issuer, whether or not such issuance is carried to completion.
c. The Borrower has represented to the City that no public official of the City has either a
direct or indirect financial interest in the Project nor will any public official either directly or indirectly
benefit financially from the Project.
4. Public Hearing.
a. A Notice of Public Hearing was published in the Richfield Sun Current, the City's
official newspaper and a newspaper of general circulation, calling a public hearing on the proposed
issuance of the Obligations and the proposal to undertake and finance the Project.
b. The City Council has, on July 27, 2004, held a public hearing on the proposal to
undertake and finance, through the issuance of the Obligations by the Issuer, the portion of the Project
located within the jurisdictional limits of the City, at which all those appearing who desired to speak
were heard and written comments were accepted.
5. Approval; State Approval a Precondition; Execution of Joint Powers Agreement.
a. The proposal to undertake and finance that portion of the Project located in the City but
outside of the jurisdictional limits of the other Host Cities, and the issuance of the Obligations by the
Issuer are hereby given approval by the City subject to the approval of the Project by the Department of
Employment and Economic Development of the State ("DEED").
b. The officers of the City or their designees, are authorized and directed to cooperate with
the Issuer in submitting the proposal for the Project to the DEED requesting approval, and other officers,
employees and agents of the City are hereby authorized to provide DEED with such information as it
may require.
c. The Joint Powers Agreement is approved in substantially the form presented to the City
Council. The Mayor, the Clerk, or the authorized designee of any of the foregoing, are authorized and
directed to execute, acknowledge, and/or deliver the .Joint Powers Agreement on behalf of the City with
2
such changes, insertions, and omissions therein as the City Attorney may hereafter deem appropriate,
such execution to be conclusive evidence of approval of such document in accordance with the terms
hereof.
d. The Mayor, the Clerk, or the authorized designee of any of the foregoing, are authorized
and directed to execute and deliver such other documents or certificates needed from the City for the
sale of the Obligations.
e. The approvals in this Section are specifically subject to execution of the Joint Powers
Agreement by each of the Host Cities, approval of the Project by DEED and the final agreement by the
Issuer to issue the Obligations.
6. Special, Limited Obli ation. The Obligations, when and if issued for the Project by the Issuer,
shall not constitute a charge, lien or encumbrance, legal or equitable, upon any property of the Host
Cities. (There will, however, be a charge, lien or encumbrance on the Project, which is riot an asset of
the Host Cities.) The Obligations, when and if issued, shall recite in substance that the Obligations and
the interest thereon, are payable solely from revenues received from the Project and property pledged for
payment thereof, and shall not constitute a debt of the Host Cities within the meaning of any
constitutional or statutory limitation.
7. Payment of Issuer's Administrative Fee and Costs. The issuance of the Obligations and the
approvals given in this resolution, are subject to the agreement by the Borrower that it will pay the
administrative fees of the Issuer and pay, or, upon demand, reimburse the Issuer for payment of, any and
all costs incurred by the Issuer in connection with the Project and the issuance of the Obligations by the
Issuer, whether or not the Project is carried to completion, or the Obligations are issued.
8. No Bank Qualification Allocation. The City has not made any allocation to the Issuer to
designate the Obligations as "qualified tax .exempt obligations" under Section 265 of the Internal
Revenue Code of 1986, as amended.
Passed by the City Council of the City of Richfield; Minnesota, this 27th day of July, 2004.
Martin J. Kirsch, Mayor
ATTEST:
Nancy Gibbs, City Clerk
3
JOINT POWERS AGREEMENT
People Incorporated Project
This JOINT POWERS AGREEMENT dated as of , 2004 (this "Agreement") is
being entered into among:
i. the City of New Hope, Hennepin County, a municipal corporation and political
subdivision organized and existing under the laws of the State of Minnesota (the
"Issuer");
ii. the City of Oakdale, Washington County, a municipal corporation and political
subdivision organized and existing under the laws of the State of Minnesota
("Oakdale");
iii. the City of Richfield, Hennepin County, a municipal corporation and political
subdivision organized and existing under- the laws of the State of Minnesota
("Richfield");
iv. the City of St. Paul, Ramsey County, a municipal corporation and political
subdivision organized and existing under the laws of the State of Minnesota ("St.
Paul"); and
v. the City of Brooklyn Park, Hennepin County, a municipal corporation and political
subdivision organized and existing under the laws of the State of Minnesota
("Brooklyn Park"). (The Issuer, Oakdale, Richfield, St. Paul and Brooklyn Park are
collectively referred to herein as the "Parties.")
1. Recitals.
a. This Agreement is being entered into pursuant to Minnesota Statutes, Sections 471.59 .and
471.656 (collectively, the "Act").
b. People Incorporated, a Minnesota nonprofit corporation and organization described in
Section $O 1(c)(3) of the Internal Revenue Code of 1986, as amended and an organization that
is primarily engaged in activities for mentally or physically disabled persons and providing
social services, such as providing assistance to the poor, distressed, or underprivileged (the
"Borrower"), wishes to finance the costs of a project (the "Project") described in Exhibit A
attached hereto, all on behalf of and owned and operated by the Borrower.
c. The Borrower proposes to finance the Project through an issuance of revenue obligations
pursuant to Minnesota Statutes, Sections 469.152 through 469.165 (the "Municipal Industrial
Development Act").
d. Portions of the Project are located within the jurisdictional limits of each of the Parties.
e. Each of the Parties is a governmental unit under the Act and each is authorized to issue
revenue obligations pursuant to the Municipal Industrial Development Act.
f. The Borrower has requested that the Parties cooperate, through this Agreement, to finance
the Project through the issuance of a revenue note in an amount not to exceed $713,000
pursuant to the Municipal Industrial Development Act (the "Obligations").
g. The Borrower has requested that the Issuer issue the Obligations for the Project.
2. Findings.
a. It is in the best interests of the Parties to cooperate with and facilitate the issuance of the
Obligations by the Issuer as requested by the Borrower.
b. The Issuer will receive substantial benefit from the Project which will provide services and
facilities for mentally or physically disabled persons, including health care facilities and
residential facilities, within the meaning of the Municipal Industrial Development Act,
accessible and available on an equal basis to residents of each of the Parties.
3. Statement of Purpose and Authority. This Agreement is entered into for the purpose of facilitating
the issuance of the Obligations by the Issuer pursuant to the Municipal Industrial Development Act
to finance the Project.
4. Authorizations.
a. Oakdale authorizes the Issuer to issue the portion of the Obligations allocable to that part of
the Project located in Oakdale on its behalf in conformance with the terms and conditions
set forth herein.
b. Richfield authorizes the Issuer to issue the portion of the Obligations allocable to that part
of the Proj ect located in Richfield on its behalf in conformance with the terms and conditions
set forth herein.
c. St. Paul authorizes the Issuer to issue the portion of the Obligations allocable to that part of
the Project located in St. Paul on its behalf in conformance with the terms and conditions set
forth herein.
d. Brooklyn Park authorizes the Issuer to issue the portion of the Obligations allocable to that
part of the Project located in Brooklyn Park on its behalf in conformance with the terms and
conditions set forth herein.
e. The Issuer is authorized:
i. to exercise the powers under the Act, the Municipal Industrial Development Act by
adopting, approving and executing such resolutions, documents and agreements as
are necessary or convenient to authorize, issue and sell the Obligations and such
other resolutions, documents and agreements are necessary or required in connection
with the issuance of the Obligations and to give effect to or carryout the provisions
2
of this Agreement and the documents under which the Obligations are issued and/or
secured and
ii. to take all actions necessary or convenient in connection therewith and permitted by
the Act, the Municipal Industrial Development Act.
5. Agreements. Each of the Parties will adopt a resolution (i) evidencing its intent to undertake the
portion of the Project located within its jurisdictional boundaries, including a recital of the benefits
to such Party from issuance of the Obligations to finance the portion of the Project located within
its jurisdictional boundaries and (ii) authorizing the execution, delivery and performance of this
Agreement.
6. Special Limited Obligations. The Obligations shall be special, limited obligations of the Issuer and
shall not be payable from nor charged against any funds of any of the Parties, nor shall any of the
Parties be subject to any liability thereon, nor shall any holder of the Obligations ever have the right
to compel any exercise of the taxing power of any of the Parties to pay the Obligations or the interest
thereon, nor to enforce payment against any property of any of the Parties, nor shall the Obligations
constitute a charge, lien or encumbrance, legal or equitable, upon any property of any of the Parties,
nor shall the Obligations constitute a debt of any of the Parties within the meaning of any
constitutional or statutory limitation.
7. Bank Qualification. The entire amount of the Obligations will be designated by the Issuer as
"qualified tax-exempt obligations" under Section 265(b)(3) of the Internal Revenue Code of 1986,
as amended.
8. Term. This Agreement shall terminate upon the earlier of:
a. defeasance of the Obligations;
b. final maturity and payment of the Obligations; or
c. payment in full of the Obligations prior to their final maturity.
9. Distribution of Assets. Upon termination of this Agreement, any property acquired pursuant to this
Agreement and any surplus moneys shall be distributed: first, according to the documents entered
into by the Issuer in connection with its issuance of the Obligations, second according to the
Municipal Industrial Development Act and third, to the Issuer.
10. Amendments. This Agreement may not be amended while any portion of the Obligations remains
outstanding, unless such amendment has been requested by the Borrower, the Parties agree to such
amendment in writing, and the Issuer has received the opinion ofnationally-recognized bond counsel
that such amendment will not adversely affect the tax-exempt status of the Obligations.
11. Counterparts. This Agreement maybe executed in counterparts, each of which will be an original,
but which together will constitute one and the same instrument.
IN WITNESS WHEREOF, the Parties have caused their names to be signed by their respective
officers thereunto duly authorized, as of the day and year first above written.
CITY OF NEW HOPE,II~INNESOTA
By
Mayor
By
City Manager
4
(Signature page to Joint Powers Agreement -People Incorporated Project)
CITY OF OAKDALE, MINNESOTA
By
Mayor
By
Administrator
5
(Signature page to Joint Powers Agreement -People Incorporated Project)
CITY OF RICHFIELD, MINNESOTA
By
Mayor
By
City Manager
M: I d ocsV SS7610000001 AGM I GL?611. WPD
6
(Signature page to Joint Powers Agreement -People Incorporated Project)
CITY OF ST. PAUL, MINNESOTA
By
Mayor
By
Executive Director
Department ofPlanning & Economic Development
By
Director, Office of Financial Services
Approved as to form:
City Attorney
7
(Signature page to Joint Powers Agreement -People Incorporated Project)
CITY OF BROOKLYN PARK, MINNESOTA
By
Mayor
By
City Clerk
EXHIBIT A
PROJECT DESCRIPTION
The project will consist of the refinancing of commercial indebtedness incurred for the acquisition,
renovation or equipping of the shared housing facilities for persons with mental illness listed below and the
financing of a portion of the costs associated with the financing:
Heather Ridge 5 bedroom - 3 bath, 3 car attached,
7483 46th St. N. 41eve1 split home
Oakdale, MN
Jordan House 4 bedroom - 1.75 bath, 1 car
7708 45th 1/2 Av. N. attached, rambler
New Hope, MN
Upton House 3 BR upper level, egress window
7720 Upton Av. S. & 1 addl'BR added LL, rambler,
Richfield, MN 2.25 bath, 2 car detached
Londin House 4 BR, 2 bath, split entry home
384 Londin Place
St. Paul, MN
Scott House 3 BR, 3 bath rambler
7573 Scott Ave. N.
Brooklyn Park, MN
M: I docs1155761000000 U GMI GL?6??. WPD
CERTIFICATE OF OFFICIALS
CITY OF RICHFIELD, MINNESOTA
This Certificate of Officials, dated as of , 2004, is given by the undersigned, the
Mayor and the Clerk, respectively, of the City of Richfield, Minnesota, a municipal corporation and
political subdivision of the State of Minnesota (the "Cit}~'), acting for the City. We certify that the
City is a duly constituted and existing municipal corporation and political subdivision under the
Constitution and Laws of the State of Minnesota, and further certify as follows:
I. OFFICERS.
A. We are the duly elected or appointed, qualified and acting Mayor and Clerk,
respectively, and as such Mayor and Clerk are familiar with the books and records
of the City.
B. As of the date of this certificate, the members of the governing body of the City and
other officers of the City, the dates of their appointment or election, and the dates of
the commencement and expiration of their terms of office are as follows:
`. )n G. r.., t:2 rS F$~- jf~_~~}'j1~~Lf __'^k1 Y ,_ 1
'\ R`f.
r .. . =7 ~ *.g ,~.
~~ tii( "S.i ~.+..+uc-
MartinJ. Kirsch Ma or 1/91 12/31/06
Susan Rosenber Council Member 1/93 12/31/04
Gertrude Ulrich Council Member i%O1 12/31/04
John En er Council Member 1'/O1 12/31/04
Sue Sandahl Council Member 1/99 12/31/06
Nanc Gibbs Clerk 1 / 29 / O 1 a ointed
C. Each of the above-named council members and officers was duly appointed or
elected and was or is the acting officer holding the respective office stated
immediately following his or her name from the date of commencement of the term
or terms indicated above to either (a) the date of expiration of the term or terms
indicated above or (b) the date of this certificate, whichever is the earlier and prior
to entering into his or her duties each of the above-named council members and
officers duly took and filed their oath of office in the manner and form required by
law.
II. ORGANIZATION.
A. The City is a charter city under Minnesota Statutes, Chapter 410 and is governed by
its home rule charter.
B. The official newspaper of the City is the Richfield Sun Current, a newspaper of
general circulation, published in Richfield, weekly on Wednesdays.
C. The regular meetings of the governing body of the City are held on the 2"d and 4`~
Tuesday of every month at 6:30 p.m. at 6700 Portland Avenue South in the City.
III. THE PROJECT.
People Incorporated, a Minnesota nonprofit corporation (the "Borrower") has represented
to the City that a portion of the proceeds of the Health Care Facilities Revenue Note, Series
2004 (People Incorporated Project), issued by the City of New Hope, Minnesota ("New
Hope"), will be used to refinance commercial indebtedness incurred for the acquisition,
renovation or equipping of the 3 bedroom upper level, egress window & one additional
bedroom added lower level, rambler, 2.25 bath, 2 car detached shared housing facility for
persons with mental illness located at 7720 Upton Avenue South in the City (the "Richfield
Project") to be owned by the Borrower.
IV. JOINT POWERS AGREEMENT.
A. The Joint Powers Agreement, dated as of the date hereof, among the City and the
Cities of Brooklyn Park, St. Paul, Oakdale and New Hope (the "Joint Powers
Agreement"), has been duly authorized and executed by and on behalf of the City
with the signatures of the undersigned Mayor and Clerk and is in substantially the
form approved by the governing body of the City.
B. To the best of our knowledge, the execution and delivery of the Joint Powers
Agreement and the compliance by the City with the provisions thereof do not
constitute on the part of the City a material breach of or a material default under any
existing court or administrative decree or order or any agreement or other instrument
to which the City is subject or by which it or its properties is or may be bound.
C. No litigation is pending, to which the City is a party, or to the knowledge of the
undersigned threatened which in any way affects any authority for or the validity of
the Joint Powers Agreement.
D. Neither the corporate existence of the City nor, to the best of our knowledge, the
titles of the present officials of the City to their respective offices are being contested
and no authority or proceedings approving the Richfield Project or authorizing the
execution and delivery of the Joint Powers Agreement, including the Resolution,
have been modified, repealed, revoked or rescinded.
V. EXHIBITS. In connection with the City's approval of the Richfield Project, attached hereto
and identified as Exhibits are the following:
2
A. Exhibit A Affidavit of Publication - A true and correct copy of an Affidavit of
Publication of the Notice of Public Hearing.
B. Exhibit C Resolution Giving Ap royal - A true and correct copy of a resolution
adopted by the City at a meeting duly called and held on July 27, 2004 (the
"Resolution"), entitled "Resolution Giving Approval to a Project by People
Incorporated, Under Minnesota Statutes, Section 469.152 Through 469.165 and
Approving a Joint Powers Agreement."
WITNESS our hands as of the date first above written.
CITY OF RICHFIELD, MINNESOTA
By
Mayor
M: I d o cs l / 557610000 001 CER I GL 93 65. WPD
By
Clerk
3
A~i 7`GYIa ~ .l 7~1"(
AGENDA SECTION: OONSENT
AGENDA ITEM # 7g _
REPORT # 1 ~ 1
J STAFF REPORT
CITY COUNCIL MEETING
JULY 27, 2004
Related to:
CITY COUNCIL GOAL(S) NO. 30, 31 AND/oR RICHFIELD 2020 GOAL(S) NO 39
REPORT PREPARED BY: KRISTIN ASxER, PROJECT ENGINEER
NAME, TITLE
COUNCIL PRESENTER:
DEPARTMENT DIRECTOR ~ / y~ j ~ /
REVIEW: ' 'L/ / v
SIGNATURE
MANAGER:
REVIEWED BY CITY
ITEM FOR COUNCIL CONSIDERATION:
Consideration of award of contract for roadway improvements on Lyndale Avenue from 76th
Street south to 77th Street.
I. RECOMMENDED ACTION:
By Motion: Accept the bid minutes/tabulation and award contract to
Shafer Contracting Company, Inc. in the amount of one million, .eight
hundred twelve thousand, .eight hundred sixty-six and 70/1 OO dollars
($ 1,812,866.70) for the Lyndale Avenue Reconstruction between 76th
Street and 77th Street.
As part of the Lyndale Gateway redevelopment, Richfield committed to
- . reconstructing the 7600 block of Lyndale Avenue. The work was .originally
scheduled for both the 2000 and 2001 construction seasons, but the developer was
not ready to have the street closed to traffic and existing businesses on Lyndale
would have lost access during construction. The project was, therefore, delayed
until August of 2004.
0810Lyndale7600
The reconstruction of the 7600 block of Lyndale Avenue (curb line to curb line) is
needed to match the new development on the west side of Lyndale, known as
Kensington Park. The developer will construct the sidewalk and streetscape behind
the curb.
The contract includes a raised median on Lyndale Avenue, reconstruction of the
intersection of 76th Street and Lyndale Avenue to repair voids beneath the roadway
surface, to add left turn lanes on 76th Street and to correct grading problems (dips
on both sides of Lyndale) along 76th Street. The project also includes work on 77th
Street to correct a heat expansion/cracking problem.
Bids for work to be performed under City direction were opened on July 22, 2004.
III. BASIS OF RECOMMENDATION
A. POLICY
• Richfield has used infrastructure redevelopment as a tool in attracting
new businesses to the City.
• Bids were solicited and opened according to Federal requirements.
B. CRITICAL ISSUES
• The timing of reconstruction- of the 7600 block of Lyndale Avenue
needs to be coordinated with the Kensington Park Project to minimize
disruption for the new businesses.
• The 7600 block of Lyndale Avenue will be closed for 8 weeks to allow
construction to take place. This will cause disruption for both
businesses on Lyndale Avenue and residents in the area.
C. FINANCIAL
• The total City cost of the Lyndale Avenue project is estimated to be
$1,925,000. Federal highway funds (Lyndale Avenue Bridge funds)
will pay for 80% and the City's Municipal State Aid Streets (MSA)
funds (gas tax revenues) will pay for the remaining 20% of the project
costs. The developers are expected to complete the sidewalk and
streetscape work using Housing and Redevelopment (HRA) funds.
The cost to repair 77th Street is $109,000, which will be entirely paid
for using the City's Municipal State Aid (MSA) funds. There is water
and sewer work costing $140,000 that will be paid for with the City's
utility funds.
D. LEGAL
• The City has made commitments to the Lyndale Gateway developers
to provide a new street with an upgraded streetscape.
ALTERNATIVE KECOMMENDATION(S) ~
• Council may choose to reject all bids and direct staff to obtain new bids.
• Council may choose to award a contract to another bidder.
• Council could reject all bids and decline to advance the project.
~ V. ATTACHMENTS ~
• Bid minutes and tabulation
• Project maps and plans.
PRINCIPAL PARTIES ~:
• None expected.
'sD AT MEETING
CITY OF RICHFIELD, MINNESOTA
Bid Opening
July 22, 2004
1:00 p.m.
2004 Lyndale Avenue Improvements
City Project 401-30-672
Pursuant to requirements of Resolution No. 1015, a meeting of the Administrative Staff
was called by Steve Devich, Acting City Clerk, who announced that the purpose of the
meeting was to receive, open and read aloud, bids for 2004 Lyndale Avenue
Improvements, City Project No. 401-30-672, as advertised in the official newspaper on
July 8,.2004 and the Construction Bulletin on July 2, and July 9, 2004.
Present: Steve Devich, Acting City Clerk
Kristin Asher, Public Works Representative
Cheryl Krumholz, City. Manager Representative
The following bids were submitted and read aloud:
Bidder's Name/City Bid Security Total Bid Amount
Shafer Contracting Co. Inc. Provided $1,812,866.70
Thomas and Sons Construction,
Inc. Provided $1,939,045.90
The City Clerk announced that the bids would be tabulated and considered at the July
27, 2004 City Council Meeting.
Nancy Gibbs City Clerk
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AGENDA SECTION: CONSENT
AGENDA ITEM # 7D
REPORT # 126
~' STAFF REPORT
CITY COUNCIL MEETING
JULY 27, 2004
RELATED TO:
CITY COUNCIL GOAL(S~ NO. N/A AND/OR RICHFIELD 2020 GOAL(S~ NO. N/A
REPORT PREPARED BY: BETSY CHRISTENSEN, ADMINISTRATIVE
SUPPORT SERVICES MANAGER
NAME, TITLE
COUNCIL PRESENTER:
TITLE
DEPARTMENT DIRECTOR REVIEW:
REVIEWED BY CITY MANAGER:
ITEM FOR COUNCIL CONSIDERATION:
Consideration of a request for itinerant place of amusement and itinerant food licenses for the
Church of St. Peter, 6730 Nicollet Avenue South, for their annual Fall Festival to be held
October 2 and 3, 2004.
I. RECOMMENDED ACTION:
By Motion: Approve itinerant place of amusement and itinerant food
licenses for the Church of St. Peter's annual Fall Festival to be held
October 2 and 3, 2004..
II. BACKGROUND
On June 22, 2004 the Church of St. Peter submitted a request for itinerant place of
amusement and itinerant food licenses for their Fall Festival to be held October
land 3, 2004. All fees have been received.
The City has previously granted these licenses to the Church of St. Peter for the
Fall Festival.
They plan to serve chicken, spaghetti and snacks.
0727 St. Peter's Fall Festival Licenses
The Church of St. Peter has contacted food sanitarians from the City of
Bloomington to ensure that proper food handling practices are followed.
III. BASIS OF RECOMMENDATION
A. POLICY
• The applicant has complied with the City codes pertaining to this
license.
B. CRITICAL ISSUES
• N/A
C. FINANCIAL
• N/A
D. LEGAL
• N/A
IV. ALTERNATIVE RECOMMENDATION(S~
• Deny the request for itinerant place of amusement and itinerant food licenses
for the Church of St. Peter; however, the Public Safety Department has not
found any basis for a denial. In addition, the Council has previously granted
this license in conjunction with St. Peters Fall Festival.
V. ATTACHMENTS
• N/A
VI. PRINCIPAL PARTIES EXPECTED AT MEETING
• None.
AGENDA SECTION:
AGENDA ITEM #
REPORT #
~- STAFF REPORT
CITY COUNCIL MEETING
JULY 27, 2004
CONSENT
7C
125
Related to:
CITY COUNCIL GOAL(S) No. N/A
REPORT PREPARED BY:
AND/OR RICHFIELD 2020 GOAL(S) NO N/A
SALLY MORTON, IT MANAGER
NAME, TITLE
COUNCIL PRESENTER:
DEPARTMENT DIRECTOR
REVIEW:
REVIEWED BY CITY
MANAGER:
ITEM FOR COUNCIL CONSIDERATION:
Consideration of the renewal of the Cooperative Purchasing Agreement with the State of
Minnesota.
I. RECOMMENDED ACTION:
By Motion: Authorize the City Manager to renew the Joint Powers
Agreement between the State of Minnesota and the City of Richfield
known as the "Cooperative Purchasing Agreement" for a period of 5
nears.
II. BACKGROUND
The City has been a member of the State of Minnesota's Cooperative Purchasing
Venture for many years. This membership allows the City to purchase a wide
variety of supplies, commodities, equipment and services from contracts negotiated
by the State. The Materials Management Division of the Minnesota Department of
Administration uses competitive bidding and requests for proposals to obtain
favorable pricing. By "pooling" the buying power, the state agencies and cities that
0727PurchAgreement
are members of the purchasing cooperative benefit from volume pricing and
eliminate the need for each governmental unit to engage in the competitive bidding
process for these items. An administrative fee is charged to each member. The fee
for this year is $500, unchanged from last year.
III. BASIS OF RECOMMENDATION
A. POLICY
• Cooperative efforts such as this purchasing agreement save tax
dollars both by eliminating duplication of efforts and combining buying
power.
B. CRITICAL ISSUES
• City departments currently purchase many items from state contracts.
These purchases include road salt, office furniture and computer
software.
C. FINANCIAL
• Although it has not specifically been tracked citywide, the price
savings from using the state contracts most certainly offset the annual
administrative fee. There are additional savings because the City does
not have to incur the costs of a formal bid process.
D. LEGAL
• City Council authorization is required to renew a Joint Powers
Agreement.
IV. ALTERNATIVE RECOMMENDATION(S)
• None
V. ATTACHMENTS
Joint Powers Agreement
L VI. PRINCIPAL PARTIES EXPECTED AT MEETING
• None
inn®sota
MATERIALS MANAGEMENT OlVIS/ON
CooParaHw Purchas/ny Ventura
COOPERATIVE PURCHASING AGREEMENT
This Joint Powers Agreement i etween the State of Minn ta, through it .ommissioner of Administration, Materials Management Division
("Division") and
("Authorized Govemmental Unit").
Pursuant to Minn. Stet. § 16C.03, subd. 10 the Division acquires various supplies, commodities, equipment, and services for state agencies and
governmental units (as defined in Minn. Stet. § 471.59, subd. 1) through competitive bidding or requests for proposals. The Division, through Minn.
Stet. § 16C. 11, and the Authorized Govemmental Unit wish to combine their purchasing functions, as specifically provided below, so that the
Authorized Governmental Unit may avail itself of the prices which have been agreed upon by the Division and its vendors.
The parties agree as follows:
1. Term. This joint powers agreement will be effective on the date State obtains all required signatures under Minn. Stet. § 16C.05, subd. 2, and may
be renewed on an annual basis not to exceed five years. This joint powers agreement may be canceled by either party upon 30 days' written notice to
the other party.
2. Services. Upon payment of the annual administrative fee, the Division will make its contracts for commodities and services, listed on the State of
Minnesota's Contract index, available to the Authorized Governmental Unit.
3. A/raual Admi/ristrative Fee. To become a member of the State of Minnesota's Cooperative Purchasing Venture, the Authorized Governmental
Unit will pay to the Division an annual administrative fee of $500.00. The annual administrative fee will be paid by the Authorized Governmental
Unit on or before the thirtieth day of June of each year of this joint powers agreement. Failure to pay the annual administrative fee will terminate this
joint powers agreement at the end of the last year for which the annual administrative fee has been paid. The Division reserves the right to modify
the annual administrative fee. In the event of a modification, the Division will provide written notice of the modification to the Authorized
Govemmental Unit at least 30 days prior to the renewal date. The annual administrative fee constitutes consideration for the duties and obligations
under this joint powers agreement to be performed for a single annual period and does not constitute consideration for the option to renew this joint
ewers agreement.
4. Use of Divisioi: Contracts. To purchase commodities or services from the Division's contracts, the Authorized Governmental Unit must issue a
purchase order in accordance with the terms and conditions of the Division's contracts and any requirements applicable to the Authorized
Governmental Unit's governing body. The Authorized Govemmental Unit must send purchase orders directly to the applicable vendor and will
make payments directly to the vendor in accordance with its established procedures and terms of the Division's contract. The Authorized
Governmental Unit will not use the goods available under the Division's contracts for the purposes of resale and the Authorized Governmental Unit
must be the end user of the goods purchased.
5. Liability. The Authorized Governmental Unit agrees that neither the Division nor its employees personally assume responsibility or liability for
any amounts due or claimed to be due pursuant to any purchase order entered issued by the Authorized Governmental Unit. The Authorized
Governmental Unit will indemnify, save and hold harmless the Division and its employees from any loss, damage or expense, including payment of
alto"•cy ices ullcwablc ;;y {aw> wl-~ich arise or n-~ay arise frogs the .~utnor,zed Govemrttental Unit's use of this jG,nt powers agrre~i~ent and from any
dispute or claim arising from any transaction between the Authorized Govemmental Unit and the Division's vendors, whether or not the loss,
damage, dispute or claim arises during or after the period of this joint powers agreement. The Division's liability will be governed by the provisions
of Minn. Slat. § 3.736.
AUTHORIZED COVERNIVIENT UNIT STATE OF MINNESOTA
By
(Authorized Signature)
(Title)
(Address)
(Date)
By:
Assistant Director, Materials Management Division
(Date)
Permit Number/Security Code Access Code
MMD-CPV Eomt I (5/2004) lO1NT POWERS AGREEMENT CREAT[NG COOPERATIVE PURCHASING VENTURE MEMBERSHIP
AGENDA SECTION: CONSENT
AGENDA ITEM # ]$
REPORT # 1 9b
J
STAFF REPORT
CITY COUNCIL MEETING
JULY 27, 2004
Related to:
CITY COUNCIL GOAL(S) NO. 24
REPORT PREPARED BY:
AND/oR RICHFIELD 2020 GOAL(S) No
BETSY OSBORN, ADMINISTRATIVE
SUPPORT SERVICES MANAGER
NAME, TITLE
COUNCIL PRESENTER:
DEPARTMENT DIRECTOR
REVIEW:
REVIEWED BY CITY
MANAGER:
N/A
ITEM FOR COUNCIL CONSIDERATION:
First reading of an ordinance amendment to section 905, which deals with multi-pet residence
licenses and schedule a second readin of the ordinance amendment for Se tember 16, 2004.
I. RECOMMENDED ACTION:
By Motion: Approve first reading of an ordinance amendment to
section 905, which deals with multi-pet residence licenses and
schedule a second reading of the ordinance amendment for
September 16, 2004.
II. BACKGROUND
Staff met with the City Council at a worksession on April 13, 2004 to discuss the subject of
multi-pet licenses in the City of Richfield. A second worksession was scheduled for June
22, 2004 and the outcome of that meeting is as follows:
0727 First Reading Multi-Pet Ordinance
Staff had been looking for direction from the City Council on several issues relating to the
subject of multi pet licenses. The direction that Council gave staff at that worksession was
as follows:
• The City Council agreed to change the name of residential kennel licenses to multi-pet
residence licenses.
• The definition of a multi-pet residence license needed to be more clearly defined as
well as the definition for a commercial kennel.
• The maximum number of pets a person can have on their property should be
decreased from six to four.
• The licensing year for these types of licenses should be changed to a calendar year.
• The Council agreed to delegate licensing to staff, with afee-based appeal to the City
Council. There will be a provision to appeal a staff administrative decision to the City
Council, but there will be anon-refundable $500 fee to do so.
• Residents currently holding residential kennel licenses, which now have more than four
animals, will be allowed to continue to exist. This is with the understanding that as the
number of their animals decreases due to death, moving, illness or adoption, that they
will not replace animals in excess of four.
• Staff will continue to request neighborhood feedback on the licensed property at the
time of license renewals each year.
• A multi-pet residence license will be defined as one in which there are three dogs and
two cats or three cats and two dogs. A multi-pet residence license will not be needed
if there are only two dogs and two cats. If a resident wants a third dog or a third cat,
they would need to make application for amulti-pet residence license and go through
the process with the understanding that there cannot be more than three dogs or three
cats on the property at any time, or a total of no more than five animals. Animals less
than six months of age do not require a license.
• Anyone engaged in the business of selling, breeding or grooming animals will require a
commercial kennel license, regardless of the number of dogs or cats on the property.
• A first reading of the ordinance is scheduled for July 27, 2004.
III. BASIS OF RECOMMENDATION
A. POLICY
• The City Council has made it clear that six animals at a property, with
the size of the lots in the City, is too many animals to have on one lot
without it affecting the neighborhood.
• The City Council is interested in staff administratively approving multi-
pet residence license requests. If an applicant is not pleased with
staff's denial of their license request, they can appeal the decision to
the City Council but only after paying a nonrefundable appeal fee.
• The City Council is extremely concerned about the impact on
neighbors and the neighborhood in general when having too many
animals results in issues for others.
B. CRITICAL ISSUES
• Current residential kennel license holders will be allowed to continue
to maintain more than five animals, but no more than six, with the
understanding that as the number of animals decreases due to death,
moving, illness or adoption, that they will not replace animals in
excess of four. It they decide to add animals in excess of four, they
would have to undergo the multi-pet residence license process with
the new added animals.
C. FINANCIAL
• N/A
D. LEGAL
• N/A
IV. ALTERNATIVE RECOMMENDATION(S~
• The City Council could decide to do nothing. This would mean that property
owners could have up to six animals on a single lot and would be approved
V. ATTACHMENTS
• City Code Section 905, Animal Control
VI. PRINCIPAL PARTIES EXPECTED AT MEETING
• None
Richfield City Code
Section 905 -Animal control.
(Amended, Bill No. 1996-10)
905.01
(Rev. 1996)
905.01. Licensing of domestic animals. Subdivision 1. Definitions. For the purposes of this
section the terms defined in this subsection have the meanings given them.
Subd. 2. "Owner" means any person owning, keeping, harboring or having custody of
an animal.
Subd. 3a. "Commercial kennel" means a place where
04~,~-R ontfass~a9~a-re-; a^+, °^~ ~~~"erg the business of selling, boarding, breeding,
showing, or grooming dogs or cats is conducted.
Subd. 3b. "Veterinary kennel" means a kennel facility or clinic operated and
maintained by a licensed veterinarian, where treatment, care, diagnosis, and veterinary
procedures are performed.
Subd. 4. "Q°c"~°^+~^~ '-~^^°~" Multi-Pet residence means a place where more than
two dogs or two cats over six months of age are kept on premises which are zoned and
occupied for residential purposes. ~n~ `eihoro +ho Lecr~inn n4' ~~ ~nh rlnivc nr n~+~ ~~ ir~nir~e„+~~ fn
~hc nnn~ ~r»r~nv of Oho r~rcmicoc fnr roc irlon4i~1 vii irr~ncoo
Subd. 5. A dog is "at large" when it is off the property of its owner and not under
restraint.
Subd. 6. A dog is "under restraint" if it is controlled by a leash not exceeding six feet in
length, or at heel beside a competent person having custody of it and obedient to that
person's commands, or within a vehicle being driven or parked on a public street or within the
properly limits of its owner's premises: An unattended dog on the property of another,
without the consent of such property owner, is "at large" and not under restraint even though
it is on a leash.
Subd. 7. For purposes of subsections 905.03 - 905.33, "animal" shall refer to
domestic dogs and cats.
905.03. License. Subdivision 1. General rule. No person may own, harbor, keep or have
custody of an animal over six months of age within the city, unless a current license for the
animal has been obtained as provided in this subsection. Applications for animal licenses
must be made when the animal attains six months of age, (i) and not later than 30 days from
the acquisition of an animal, (ii) and not later than 30 days from the moving of an animal into
the city, (iii) this registration will expire on the date the animal's rabies vaccination expires,
and must be reinstated within 15 days of the expiration of the animal's rabies vaccination.
Owners whose animals have received rabies vaccinations which are effective for more than
one year may apply for a two or three year license, depending on the type of rabies
vaccination. When making application for amulti-year license, the owner must submit all of
the information required for an annual license as well as documentation indicating that the
animal has received a rabies vaccination which is effective for the multi-year license being
applied for. The multi-year license may not exceed the period of effective rabies vaccination
stated on the vaccination certificate provided by the veterinary clinic, or veterinarian, which
vaccinated the animal. These multi-year .licenses may only be issued for animals, which
have been spayed or neutered.
Subd. 2. License fees. The license fee for each animal license, and the charge for a
duplicate animal license is as provided in appendix D.
Subd. 3. Late penalty. If an animal license is obtained while the animal is impounded
by the city, or if the 15 day period allowed for re-registration of the animal has expired there
shall be added to the regular license fee a late license penalty as provided in appendix D for
each animal; provided that an owner who newly acquires an animal, or an owner who has an
animal at the time of becoming a resident of the city, shall be allowed 30 days to secure a
license, without incurring the late license penalty provided in this subdivision.
Subd. 4. Contents of application. Application for an animal license shall be made to
the Public Safety Department. The application shall include such descriptive information as
is necessary to provide reasonable identification of the animal and its owner. Applicants shall
provide a certificate issued by a licensed doctor of veterinary medicine showing that the
animal has been vaccinated against rabies, that such vaccination is effective on the date of
the application, and that the vaccination will be effective for the period of time for which
application for animal license is made.
Subd. 5. Identification of licensed animal. Upon the issuance of an animal license by
the city-clerk public safety director or designee or the city pound keeper, the licensee shall
be provided with a metallic tag bearing the license number and the word "Richfield." Except
where the animal for which the license is issued is indoors on the premises of his owner, the
animal shall have a collar or harness on which the license tag, and current rabies tag is
affixed. No person may counterfeit any tag of this city or use a counterfeit tag.
Subd. 6. License nontransferable. A license tag is nontransferable to any other
animal or to a new owner of the animal for which it is issued.
Subd. 7. Replacement of lost tag. If any such tag is lost or stolen, the owner may
obtain a new tag by surrendering the receipt for the first tag and by paying the charge for a
duplicate license as provided in appendix D.
905.05. Dogs not to be at large. An owner may not permit a dog to be at large in this city,
but shall keep dog under restraint at all times.
905.06. Immediate disposal of animal feces.
control of an animal, shall immediately clean
animal, except that this provision does not
ownership and use of seeing eye dogs.
An animal owner, or person having custody or
up and sanitarily dispose of any feces of the
apply to blind persons with respect to their
905.07. Confinement when necessary. A female animal in heat shall be confined in a
building, secure enclosure, veterinary hospital or boarding kennel, or shall be controlled on a
leash while being exercised, provided the animal does not create a public nuisance.
905.09. Public nuisances. The keeping of an animal which annoys other persons is a public
nuisance and is unlawful. Upon the receipt of a written complaint of such annoyance by the
occupants of two or more neighboring properties, the city shall notify the owner of such an
animal that the nuisance shall be abated within 48 hours. Failure to obey a notice is a
violation of this subsection and may be grounds for the City to take further legal action.
905.11. City pound. The council may provide for a city animal pound either within or outside
the limits of the city.
905.13. Pound keeper. If a city pound is established, the manager shall designate the
pound keeper who may appoint and deputize special officers to enforce this section. The
special officer shall have police powers to cite owners of dogs or cats for violations of this
section, to impound animals and to enforce the provisions of this section.
905.15. Enforcement procedures. Such officers, as the manager shall designate to enforce
this section, may pick up and impound any animal found not to be kept, confined or
restrained, or licensed in the manner required by this section. The officers may enter upon
private property where there is reasonable cause to believe that an animal is on the premises
and is not licensed as required by this section, or that there is an animal on the premises
which is not being kept, confined or restrained, as herein provided. An owner shall produce
for inspection an animal license receipt when requested to do so by the officer.
905.17. Quarantine. Any animal capable of carrying the rabies virus that has bitten a person
shall immediately be impounded for at least ten days and kept apart from other living
creatures, under the supervision of a veterinarian or the Department of Public Safety, until it
is determined whether the animal had or has a disease which might have been transmitted
by the bite. The impounding may be done by the owner at owner's residence, or veterinary
facility with the approval of the Department of Public Safety, but if it is not at the city pound or
designated pound, the owner shall notify the pound keeper or director of public safety
immediately and shall furnish proof in writing that the animal is being impounded, and shall
follow all policies and procedures relating to the quarantine as directed by the Department of
Public Safety. Upon the expiration of ten days, if it is determined that the animal does not
have a disease which might have been transmitted by the bite, the animal may be released
and the pound keeper or director of public safety shall be notified immediately prior to the
release by the owner of the animal. If the animal is impounded at the city pound, it may be
reclaimed as hereinafter provided. Any animal which has been bitten by a rabid creature
shall be euthanated or impounded and kept in the same manner for a period of six months;
provided that if the animal which has been bitten by a rabid creature has been vaccinated at
least three weeks before the bite and within one year of the bite and if it is again immediately
vaccinated, then such animal shall be confined or impounded for a period of 40 days before it
is released. The owner of an animal which has been bitten by a rabid creature shall notify the
city pound keeper or director of public safety immediately prior to the release of the animal.
905.19. Dangerous animals. Adoption by reference. Minnesota Statutes 343.40, 346.57,
347.50, 347.51, 347.52, 347.53, 347.54, and 347.55 as they pertain to domestic animals, are
adopted by reference and are as much a part of this code as if fully set forth herein. Any
violation of the statutes herein adopted by reference is a violation of this code. If an animal is
diseased, vicious, dangerous, rabid or exposed to rabies and the animal cannot be
impounded after a reasonable effort or cannot be impounded without serious risk to the
persons attempting to impound it, or if an animal has made more than one attack on a person
or persons, the animal may be immediately killed by or under the direction of an officer
authorized to enforce the provisions of this section.
905.21. Treatment during impounding. Any animal, which is, impounded in the city pound or
designated pound shall be kept, with kind treatment and sufficient food and water, and
sanitary conditions, for the animal's comfort. If the animal is not known or suspected of being
diseased and has not bitten a person or been bitten by a rabid creature, it shall be kept in the
pound for at least five days, unless it is sooner reclaimed by its owner. If the animal is known
to be or is suspected of being diseased with a disease which might be transmitted to persons,
it shall be kept in the pound for at least ten days.
905.23. Redemption of animals. An animal may be redeemed from the pound by the owner
upon paying the following:
(a) the license fee for the animal, if the license has not previously been obtained;
(b) the late license penalty, where a license has not been obtained within the time
provided in this section;
(c) the amount of the boarding fee which the city is required to pay to the pound
keeper; or
(d) an impounding penalty as fixed in appendix D.
905.25. Disposal of unredeemed animals. The city pound keeper or designated pound
keeper shall make an effort to contact the owner of any animal which has been impounded
and which has identification on it. If at the end of the impounding period the animal is not
reclaimed by the owner, the animal shall be deemed to have been abandoned and may be
disposed of or sold to any person following the procedures contained in Minnesota
Statutes, section 514.93. If the animal is to be kept in the city, a license shall be obtained
before possession of the animal is given to the purchaser, if a license is required.
905.27. Limit of dogs and cats on one premise. Not more than two dogs or two cats over
six months of age may s#a~ be kept on any one premise, except at a licensed commercial
kennel, veterinary kennel, ore.-sesea r°~irlcr~+i~) L°nn°I mUltl-pet residence.
905.29. Abandonment. It is unlawful for any person to abandon any animal in this city, or at
the city pound, or designated city pound.
905.31. Kennel licenses. Subdivision 1. Definitions. The terms "commercial kennel,"
"veterinary kennel," and "r°~ir!°n+i°~ U°nn°~" "multi-pet residence" are defined in section
905.01.
Subd. 2. License required. No person may operate a veterinary; or commercial
kennel or a multi-pet residence r°°i,,°n+i°~ ~°nn°~ in this city without first obtaining a l4eRflel
license as provided in this subsection. Application for the license shall be made to the sify
sler-k public safety director or designee and must be accompanied by the license fee set
by appendix D. The public safety director or designee clerk shall
t~k~e-seu~il~ administratively approve or deny the license. ~~~"i^" ,,.,,,, ,.r°n+ °r ~°n„ +h°
l+sene~ Licenses issued for kennels shall be on an annual calendar basis.- ,which will run
from January 1st through December 31st. Any resident who chooses to appeal the
director's or designee's administrative denial of the multi-pet residence, comercial
kennel or veterinary kennel license may appeal that decision to the City Council.
There will, however, be anon-refundable $500 appeal fee to do so. The director or
designee or council may impose conditions upon the granting of any multi-pet residence
,~id~;*~, veterinary, or commercial kennel license.
Subd. 3. Approval of contiguous property owners. The application for a r°c,~ ~'~,~i~ I
iEeF?N2i multi-pet residence licens.,~-tea; ,n e~r'~' ':°^^°' '~^°^~° in r°cirl°r~~i~+I ~r°~ shall
be accompanied by a petition showing the approval of the occupants of privately owned real
estate abutting the premises on which the multi-pet residence l~el is to be located.
Whether or not all of the occupants of abutting property approve the application, the ssu~il
director or designee may grant or deny the license. The license may not be granted unless
the~euflsil director or designee finds that the use of the applicant's premises as a multi-pet
residence ~s~~ +;:,^el will not have, or will not be likely to have, any adverse effect
upon adjacent properties or the occupancy thereof, and will not constitute a nuisance to the
neighborhood.
Subd. 3a Multi-pet licenses; special provisions. The maximum number of
animals allowed under amulti-pet residence license is five, either two cats and three
dogs or three cats and two dogs. Except as provided in this subdivision, no license
may be granted to allow more than three cats or more than three dogs on any one
premise. No license is required for a combination of up to two dogs and two cats on
one premise. For any multi-pet residence licenses issued prior to the effective date of
this subdivision 3a. where the license allowed more than three cats or _more than three
dogs on the premise, the director or designee may renew the license for the same
number of animals, on the condition that the licensee may not replace any animals
that die or are removed from the premises until the licensee can do so in compliance
with the maximum number stated in the first sentence of this subdivision. A multi-pet
residence license may only be granted if the keeping of the dogs or cats is incidental
to the occupancy of the premises for residential purposes.
Subd. 3b Zoning Compliance. A license will not be granted for a veterinary
kennel or commercial kennel unless the kennel use complies with applicable
requirements of the zoning code.
Subd. 4. Revocation. Kennel or multi-pet residence licenses may be revoked by
the council by reason of any violation of this subsection or by reason of violation of any other
provisions of this code or any order; .law or regulation.
Subd. 5. Notice and hearing. Before revoking a kennel license or a multi-pet
residence license, the licensee shall be given notice of the meeting at which such
revocation will be considered, and if the licensee is present at such meeting, the licensee
must be given an opportunity to be heard. Notice of the meeting shall be given to the
licensee in writing. Written notice shall be mailed to the address of the licensee as set forth in
the licensee's application for the kennel license or multi-pet residence license, and it shall
be mailed at least five days before the date of the meeting at which the revocation is to be
considered by the council.
Subd. 6. License fees. The fee for a veterinary or commercial kennel license and the
fee fora roc irlon+i•+1 Lonnol linonco multi-pet residence license are as fixed in appendix D.
The r°cirlon+~~l L°nn°' multi-pet residence license fee is in addition to the usual animal
license fees provided in this section, if applicable.
Subd. 7. Sanitation. Kennels and properties holding amulti-pet residence license
shall be maintained in a clean and healthful condition at all times, and shall be open to
inspection by the director of public safety, or their designee, at all reasonable times.
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905.33. Reports by pound keeper. The city pound keeper or designated pound keeper shall
account for and pay over monthly to the city all monies received by the pound keeper on
behalf of the city as license fees or other charges. The pound keeper shall also give an
accurate written report each month to the city, stating (i) licenses issued, (ii) fees or other
charges collected, (iii) sales made, (iv) dogs, cats and other animals impounded, (v) the
duration of any such impoundment, (vi) all animals destroyed, and (vii) other pertinent data
relating to animal control which may be requested by the city manager.
AGENDA SECTION: CONSENT
AGENDA ITEM # ]A
REPORT # 123
~J STAFF REPORT
CITY COUNCIL MEETING
JULY 27, 2004
Related to:
CITY COUNCIL GOAL(S) NO. N/A
REPORT PREPARED BY:
COUNCIL PRESENTER:
DEPARTMENT DIRECTOR
REVIEW:
REVIEWED BY CITY
MANAGER:
AND/oR RICHFIELD 2020 GOAL(S) NO N/A
BETSY OSBORN, ADMINISTRATIVE
SUPPORT SERVICES MANAGER
NAME. TITLE
ITEM FOR COUNCIL CONSIDERATION:
First reading of an ordinance amendment to change the fines for selling tobacco to underage
outh and schedule the second readin for Thursda , Se tember 16, 2004.
I. RECOMMENDED ACTION:
By Motion: Conduct the first reading of an ordinance amendment to
change the fines for selling tobacco to underage youth and schedule
the second reading for Thursday, September 16, 2004.
II. BACKGROUND
In February of 2004, the City Council made a request to the Richfield Advisory
Board of Health that they review the discipline grid for establishments who fail
tobacco compliance checks. It was noted at that time that there wasn't a step four
in the discipline process and that fines and lengths of suspensions may also need to
be reviewed and updated.
0727 First Reading Tobacco Ordinance Revision
On February 23, 2004, at their regular meeting, the Richfield Advisory Board of
Health began a discussion on the City's current tobacco ordinance. They were
provided with copies of other neighboring city tobacco ordinances and compared
them to one another. Members asked staff what had the biggest impact on
establishments when they failed a compliance check and staff responded that they
are most affected with the length of a suspension. The suspension period results in
lost revenue, in this case, of tobacco products. It was suggested that the board
consider bringing violators before the City Council earlier and that fees/suspension
periods be considered also. There was also a great deal of interest in staff
conducting an analysis of the City's cost in conducting the compliance checks.
On March 15, 2004, Board members met again and reviewed the cost analysis
information prepared by staff. The board agreed that the City's current license fee
for a tobacco license should remain as it is for 2004, with perhaps smaller, yearly
increases thereafter. Members agreed that the fines should cover the cost of the
compliance checks and should be comparable to what the surrounding cities are
charging. At this meeting, the board members came up with two option plans but
wanted additional information on the revenue loss that can be expected when a
business receives a suspension.
On April 19, 2004, board members agreed on one of the two original option plans
and were prepared to introduce their recommendation to the City Council on May
11, 2004, which was their annual meeting with the City Council.
On May 11, 2004, board members presented their recommendation to the City
Council and were told that a worksession would be scheduled at which time they
could discuss their recommendation with the Council in more detail. At this
meeting, members of the Council suggested that staff also consider whether there
is a need to meet with Director Scott after a failure and/or a training component
similar to that in place for alcohol compliance check failures.
On June 22, 2004, board members presented a draft of the ordinance for Council's
review. The City Attorney had suggested that there be a "step back" component
within the tobacco ordinance similar to the liquor discipline resolution so that after
an establishment has passed two consecutive compliance checks, they would be
eligible to "step back" one step. The Council also thought that the fine for a clerk
selling tobacco to an underage individual should be increased from $50 to $100 and
suggested that the City Attorney research whether the business could be held liable
for that fine if the clerk fails to pay it. With those changes identified, the Could
directed staff to return for a first reading of the ordinance amendment and
scheduled it for July 27, 2004.
The revised ordinance amendment is being presented for a first reading at this time.
All tobacco retailers will be notified after the first reading of the changes to the
ordinance and that a second reading has been scheduled for Thursday, September
16, 2004.
III. BASIS OF RECOMMENDATION
A. POLICY
• The City Council directed the Richfield Advisory Board of Health to
study the ordinance and make recommendations for changes to the
Council. The Richfield Advisory Board of Health met several times
and during their meetings discussed the ordinance and amended it for
the City Council.
B. CRITICAL ISSUES
• N/A
C. FINANCIAL
• The fines connected with this ordinance are used in their entirety to
pay for the cost of conducting tobacco compliance checks.
Approximately 15% of the fine money is also used for educational
purposes within the community.
D. LEGAL
• N/A
IV. ALTERNATIVE RECOMMENDATION(S~
• The City Council could decide not to update the ordinance. This would mean
that licensed tobacco establishments would continue to pay the same fines
as they have in the past.
V. ATTACHMENTS
• Tobacco ordinance 1146.
VI. PRINCIPAL PARTIES EXPECTED AT MEETING
• None
(Rev. 1998)
Section 1146 -Tobacco
(Added, Bill No. 1998-19)
1146.01. Purpose. The Richfield city council recognizes that many persons under the
age of 18 years purchase or otherwise obtain, possess, and use tobacco, tobacco
products, and tobacco related devices, and such sales, possession, and use are violations
of both state and federal laws. Studies have shown that most smokers begin smoking
before they reach the age of 18 years and that those persons have been shown to have
several serious health problems which subsequently place a financial burden on all levels
of government. This section shall be intended to regulate the sale, possession, and use of
tobacco, tobacco products, and tobacco related devices for the purpose of enforcing and
furthering existing laws, to protect minors against the serious effects associated with the
illegal use of tobacco, tobacco products, and tobacco related devices, and to further the
official public policy of the state of Minnesota in regard to preventing young people from
starting to smoke as stated in Minn. Stat. 144.391.
1146.03. Definitions. Subdivision 1. For the purposes of this section, the terms defined in
this subsection have the following meanings given them:
Subd. 2. Tobacco or tobacco products. "Tobacco products" shall mean any
substance or items containing tobacco leaf, including but not limited to: cigarettes; cigars;
pipe tobacco; snuff; fine cut or other chewing tobacco; cheroots; stogies; perique;
granulated, plug cut, crimp cut, ready-rubbed, and other smoking tobacco; snuff flowers;
Cavendish; shorts, plug and twist tobaccos; dipping tobaccos; refuse scraps, clippings,
cuttings, and sweepings of tobacco; and other kinds and forms of tobacco leaf prepared in
such manner as to be suitable for chewing, sniffing, or smoking.
Subd. 3. Tobacco related devices. "Tobacco related devices" shall mean any
tobacco product as well as a pipe, rolling papers, or other device intentionally designed or
intended to be used in a manner which enables the chewing, sniffing, or smoking of
tobacco or tobacco products.
Subd. 4. Self-service merchandising. "Self-service merchandising" shall mean
open displays of tobacco, tobacco products, or tobacco related devices in any manner
where any person shall have access to the tobacco, tobacco products or tobacco related
devices, without the assistance or intervention of the licensee or the licensee's employee.
The assistance or intervention shall entail the actual physical exchange of the tobacco,
tobacco product, or tobacco related device between the customer and the licensee or
employee. Self-service merchandising shall not include vending machines.
Subd. 5. Vending machine. "Vending machine" shall mean any mechanical,
electric or electronic, or other type of device which dispenses tobacco, tobacco products,
or tobacco related devices upon the insertion of money, tokens, or other form of payment
directly into the machine by the person seeking to purchase the tobacco, tobacco product,
or tobacco related device.
Subd. 6. Loosies. "Loosies" shall mean the common term used to refer to a single
or individually packaged cigarette.
Subd. 7. Minor. "Minor" shall mean any person who has not yet reached the age of
18 years.
Subd. 8. Retail establishment. "Retail establishment" shall mean any place of
business where tobacco, tobacco products or tobacco related devices are available for
sale to the general public. Retail establishments shall include, but not be limited to,
grocery stores, convenience stores, and restaurants.
Subd. 9. Moveable place of business. "Moveable place of business" shall mean
motorized vehicles, mobile sales kiosks, kiosks, trailers or other structure or equipment not
permanently attached to the ground operated in an establishment licensed to sell tobacco-
related products and conducted within a building and within the licensed premises.
Subd. 10. Sale. A "sale" shall mean any transfer of goods for money, trade, barter,
or other consideration.
Subd. 11. Compliance checks. "Compliance checks" shall mean the system the
city of Richfield uses to investigate and ensure that those authorized to sell tobacco,
tobacco products, and tobacco related devices are following and complying with the
requirements of this section. Compliance checks shall involve the use of minors as
authorized by this section to attempt to purchase tobacco, tobacco products, or tobacco
related devices for educational, research and training purposes as authorized by state and
federal laws. Compliance checks may also be conducted by other units of government for
the purpose of enforcing appropriate federal, state or local laws and regulations relating to
tobacco, tobacco products, and tobacco related devices.
1146.05. Sale and distribution of tobacco. Subdivision 1. License required. No person or
establishment shall sell or offer to sell any tobacco, tobacco products, or tobacco related
devices without first having obtained a license to do so from the city of Richfield. All
licenses issued under this section shall be valid only on the premises for which the license
was issued and only for the person to whom the license was issued. No transfer of any
license to another location or person shall be valid.
Subd. 2. Application. An application for a license to sell tobacco, tobacco products,
or tobacco related devices shall be made on a form provided by the public safety director
or the public safety director's designee. The fee shall accompany the application. The
application shall be reviewed and action taken on it by either the public safety director or
the director's designee.
Subd. 3. Action. The public safety director or the public safety director's designee
may either approve or deny the license, or may delay action for such reasonable period of
time as necessary to complete any investigation of the application or the applicant it
deems necessary. If the public safety director or the public safety director's designee
denies the license, notice of the denial shall be given to the applicant along with notice of
the applicant's right to appeal the decision.
Subd. 4. License term. All licenses shall expire on December 31 of the year in
which the license is issued. The annual license fee will not be prorated.
Subd. 5. Denial, revocation or suspension. A license under this section may be
denied, suspended or revoked by the council, after an investigation and public hearing
where the licensee is granted the opportunity to be heard, for one or more of the following
reasons:
(a) The operation of the business is in conflict with any provision of this code.
(b) The operation of the business is in conflict with any health, fire, building, building
maintenance, zoning, or any other applicable codes or laws.
(c) The applicant or licensee has failed to comply with one or more provisions of this
section or any statute, rule or ordinance pertaining to the sale of tobacco, tobacco
products, or any tobacco related device.
(d) The applicant has committed fraud, misrepresentation or bribery in securing or
renewing a license.
(e) The owner of the premises licensed or to be licensed would not qualify for a
license under the terms of this section.
(f) The applicant is under the age of 18 years.
(g) The applicant has been convicted within the past five years of any violation of a
federal, state, or local law ordinance provision, or other regulation relating to tobacco
products, or tobacco related devices.
(h) The applicant has had a license to sell tobacco, tobacco products, or tobacco
related devices revoked within the 12 months preceding the date of application.
(i) The applicant is prohibited by federal, state, or other local law, ordinance, or
other regulation, from holding such a license.
Subd. 6. Moveable place of business. No license shall be issued to a moveable
place of business. Only a fixed location business shall be eligible to be licensed under this
section.
Subd. 7. Display. All licenses shall be posted and displayed in plain view of the
general public on the licensed premise.
Subd. 8. Renewals. The renewal of a license issued under this section shall be
handled in the same manner as the original application. The request for a renewal shall be
made at least thirty days but no more than 60 days before the expiration of the current
license.
Subd. 9. Employee training. The applicant must provide proof that an employee
training program on tobacco sales has been ~m~'°m°^*°~'. provided during the license year
by submitting records supporting that training at the time of their license renewal each
year.
1146.07. License fee. The annual license fee for a tobacco license is set by appendix D.
The license fee must be paid at the time of application for the license.
1146.09. Prohibited sales. It shall be a violation of this section for any person to sell or
offer to sell any tobacco, tobacco product, or tobacco related device:
(a) To any person under the age of 18 years.
(b) By anyone under the age of 18 years.
(c) By means of any type of vending machine.
(d) By means of self-service merchandising.
(e) By means of loosies.
(f) Containing opium, morphine, jimson weed, bella donna, strychnos, cocaine,
marijuana, or other deleterious, hallucinogenic, toxic, or controlled substances except
nicotine and other substances found naturally in tobacco or added as part of an otherwise
lawful manufacturing process.
(g) By any other means prohibited by federal, state, or other local law, ordinance
provision, or other regulation.
1146.11. Vending machines. It shall be unlawful for any person licensed under this
section to allow the sale of tobacco, tobacco products, or tobacco related devices by the
means of a vending machine.
Self-service sales. It shall be unlawful for a licensee under this section to allow the sale of
tobacco, tobacco products, or tobacco related devices by any means whereby the
customer may have access to such items without having to request the item from the
licensee or the licensee's employee and whereby there is not a physical exchange of the
tobacco, tobacco product, or the tobacco related device between the licensee or licensee's
clerk and the customer. All tobacco, tobacco products, and tobacco related devices shall
either be stored behind a counter or other area not freely accessible to customers. Any
retailer selling tobacco, tobacco products, or tobacco related devices at the time this
section is adopted shall comply with this subsection within 30 days of the passage of this
section. A license holder who operates an establishment or fully enclosed portion of an
establishment that sells at least 90 percent of its products in tobacco or tobacco-related
products is exempt from the self-service merchandising provision if the license holder
prohibits anyone under 18 years of age from entering the establishment or fully enclosed
portion of an establishment and the license holder conspicuously displays a notice
prohibiting persons under eighteen 18 years of age from entering the establishment.
1146.13.
1146.15. Responsibilitx. All licensees under this section shall be responsible for the
actions of their employees in regard to the sale of tobacco, tobacco products, or tobacco
related devices on the licensed premises, and the sale of such an item by an employee
shall be considered a sale by the license holder. Nothing in this section shall be construed
as prohibiting the city from also subjecting the clerk to whatever penalties are appropriate
under this section, state or federal law, or other applicable law or regulation.
1146.17. Compliance checks and inspections. All licensed premises shall be open to
inspection by Richfield law enforcement or other authorized city officials during regular
business hours. From time to time, but at least once per year, the city shall conduct
compliance checks by engaging, with the written consent of their parents or guardians,
minors over the age of 15 years, to enter the licensed premise to attempt to purchase
tobacco, tobacco products, or tobacco related devices. Minors used for the purpose of
compliance checks shall be supervised by the public safety director or the Public safety
director's designee. Minors used for compliance checks shall not be guilty of the unlawful
purchase or attempted purchase, nor the unlawful possession of tobacco, tobacco
products, or tobacco related devices when such items are obtained or attempted to be
obtained as a part of the compliance check. No minor used in compliance checks shall
attempt to use a false identification misrepresenting the minor's age and all minors lawfully
engaged in a compliance check shall answer all questions about the minor's age, asked by
the licensee or licensee's employee and shall produce any identification, if any exists, for
which the minor is asked. Nothing in this subdivision shall prohibit compliance checks
authorized by state or federal laws for educational, research, or training purposes, or
required for the enforcement of a particular state or federal law.
1146.19. Other illegal acts. Subdivision 1. Unless otherwise provided, the following acts
shall be a violation of this section.
Subd. 2. Illegal sales. It shall be a violation of this section for any person to sell or
otherwise provide any tobacco, tobacco products, or tobacco related devices to any minor.
Subd. 3. Illegal possession. It shall be a violation of this section for any minor to
have in their possession any tobacco, tobacco product, or tobacco related device. This
subdivision shall not apply to minors lawfully involved in a compliance check.
Subd. 4. Illegal use. It shall be a violation of this section for any minor to smoke,
chew, sniff, or otherwise use any tobacco, tobacco product, or tobacco related device.
Subd. 5. Illegal procurement. It shall be a violation of this section for any minor to
purchase or attempt to purchase or otherwise obtain any tobacco, tobacco products, or
tobacco related devices, and it shall be a violation of this section for any person to
purchase or otherwise obtain such items on behalf of a minor. It shall further be a violation
for any person to coerce or attempt to coerce a minor to illegally purchase or otherwise
obtain or use any tobacco, tobacco product, or tobacco related device. This subdivision
shall not apply to minors lawfully involved in a compliance check.
Subd. 6. Use of false identification. It shall be a violation of this section for any
minor to attempt to disguise their true age by the use of a false form of identification,
whether the identification is that of another person or one on which the age of the person
has been modified or tampered with to represent an age older than the actual age of the
person.
1146.21. Violations. Subdivision 1. Notice and hearing. Upon discovery of a suspected
violation, the alleged violator shall be issued, either personally or by mail, a citation that
sets forth the alleged violation. The alleged violator shall have the opportunity for a
hearing before the director of public safety before any penalty is imposed under this
section. A decision that a violation has occurred shall be in writing.
Subd. 2. Misdemeanor prosecution. Nothing in this subsection shall prohibit the
City, from seeking prosecution as a misdemeanor for any alleged violation of this
ordinance.
Subd. 3. Continued .violation. Each violation, and every day on which a violation
occurs or continues, shall constitute a separate offense.
~ Penalties. Subdivision 1. Licensees. Any licensee found to have violated
this section, or whose employee shall have violated this section, shall be
charged an administrative fee as follows: ^+' ~~~ ~^M ^ f.M~+ ••:^~^+:^~ --~ ..~.:~
First violation - $200 fine with no suspension,
Second violation - If within 24 months of the first violation, $400 fine with a two day
suspension /Council annaaranr_ca manrlatnrvl - If n~~+ci.4n of 7A .,,.,~,+1,~ .,f +h., f:..~+
countea as a Frst vio~ation.
ird violation - If within 24 months of the second v
y suspension (Council appearance mandatory) -
cond violation, it will be counted as a second violas
on.
with
Fourth violation - If within 24 months of the third violation, $1,000 fine with a
suspension of up to 60 days, with the option to revoke the license (Council
appearance mandatory) - If outside of 24 months of the third violation, it will be
counted as a third violation. When a license is revoked, one year's time must elapse
from the date of revocation before the establishment is eligible to reapply for a
tobacco Incense.
Subd. 3. Minors. Minors found in unlawful possession of, or who unlawfully
purchase or attempt to purchase, tobacco, tobacco products, or tobacco related devices,
shall be given the option of participating in a diversion program rather than paying the
violation fine.
Subd. 4. Misdemeanor. Nothing in this subsection shall prohibit the city from
seeking prosecution as a misdemeanor for any violation of this section.
1146.25 Exceptions and defenses. Subdivision 1. Nothing in this ordinance shall prevent
the provision of tobacco, tobacco products, or tobacco related devices to a minor as part of
a lawfully recognized religious, spiritual, or cultural ceremony.
Subd. 2. It shall be an affirmative defense to the violation of this section for a
person to have reasonably relied on proof of age as described by State law.
Subd. 3. It shall be a defense to a violation of the section that a licensee did not
intentionally aid, advise, hire, counsel or conspire with another to sell tobacco to minors or
otherwise procure the sale of tobacco to minors.
1146.27. Severability and savings clause. If any section or portion of this section shall be
found unconstitutional or otherwise invalid or unenforceable by a court of competent
jurisdiction, that finding shall not serve as an invalidation or effect the validity and
enforceability of any other section or provision of this section.
Subd. 2. Other individuals. Individuals, other than licensees regulated by
subdivision 1 of this subsection, found to be in violation of this section shall be
charged an administrative fee of $aA 100.