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10-26-04 agenda
CITY OF RICHFIELD, MINNESOTA TUESDAY, OCTOBER 26, 2004 SPECIAL CITY COUNCIL/HOUSING AND REDEVELOPMENT AUTHORITY/ PLANNING COMMISSION WORKSESSION COUNCIL CHAMBERS 6700 PORTLAND AVENUE 5:30 P.M. Call to order Roll call 1. Presentation of Richfield's Housing Assets - Opportunity at Every Door Notes: 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 bean opportunity to address the Council on items not on the agenda. Individuals who wish to address fhe Council must have registered prior to the meeting. Notes: Pledge of Allegiance Approval of minutes of (1) Regular City Council Meeting of September 28, 2004 and (2) Special City Council Meeting of October 6, 2004 COUNCIL DISCUSSION 1. Council discussion • Hats Off To Hometown Hits Notes: CITY MANAGER'S REPORT 2. City Manager's report Notes: AGENDA APPROVAL 3. Council approval of agenda CONSENT CALENDAR 4. 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 1186 of Richfield City Code striking all references to pawnbrokers since separated into new pawnbroker Section 1187 approved earlier and schedule second reading for November 23, 2004 S.R. No. 172 B. Consideration of approval of resolution establishing procedures for deferment of special assessments against owner occupied homestead properties in hardship cases for qualifying homeowners S.R. No. 173 C. Consideration of approval of resolution ordering abatement of conditions creating hazardous property at 6405 Vincent Avenue S.R. No. 174 D. Consideration of approval of motion supporting Cedar Corridor Plan S.R. No. 175 E. Consideration of approval of renewal of Chief's Towing, Inc. contract for Public Safety towing services for December 1, 2004 through November 30, 2005 S.R. No. 176 Notes: 5. Consideration of item(s), if any, removed from Consent Calendar Notes: PUBLIC HEARING 6. Public hearing regarding resolution authorizing conditional use permit to allow additional employee in home occupation at 7300-17th Avenue in single family residential zoning district Staff Report No. 177 Notes: PROPOSED ORDINANCES 7. Consideration of second reading of ordinance establishing moratorium until front-yard parking regulations amended Staff Report No. 178 Notes: 8. Consideration of second reading of ordinance amendment to City Code Chapter XIII adding new Section 1355 relating to use of recreational motor vehicles and off-road vehicles and resolution authorizing publication of summary legal notice of ordinance Staff Report No. 179 Notes: OTHER BUSINESS 9. Consideration of confirmation of Mayor's appointment of Housing and Redevelopment Authority Commissioner for five year term expiring October 2009 Staff Report No. 180 Notes: 10. 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 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: Adjournment. AGENDA SECTION: AGENDA ITEM # REPORT # J STAFF REPORT CITY COUNCIL MEETING OCTOBER 26, 2004 OTHER BUSINESS 9 180 Related to: CITY COUNCIL GOAL(S) NO. N/A REPORT PREPARED BY: COUNCIL PRESENTER: AND/OR RICHFIELD 2020 GOAL(S) NO N/A CHERYL KRUMHOLZ, ADMIN. ASST. N.9n~;; TITLE MARTIN J. KIRSCH, MAYOR ITEM FOR COUNCIL CONSIDERATION: Consideration of Council confirmation of Mayor's appointment of Housing and Redevelopment Authorit Commissioner to fill an ex fired term. I. RECOMMENDED ACTION: By motion: Confirm the Mayor's appointment of an HRA Commissioner for a five ear term ex irin October 2009. II. BACKGROUND The term of HRA Commissioner Dan Linnihan expires October 2004. Commissioner Linnihan was appointed to the HRA in 2000. III. BASIS OF RECOMMENDATION A. POLICY • Under State law, the Mayor appoints HRA Commissioners subject to confirmation of the City Council. The Mayor has indicated he will make an appointment to the HRA for afive-year term at the October 26, 2004 Council meeting. B. CRITICAL ISSUES • To ensure a quorum at future meetings, the Council should take action on this item on October 26. 1026HRA C. LEGAL • None IV. ALTERNATIVE RECOMMENDATION(S~ • The Council could decide not to confirm the Mayor's appointment. • If the Council does not approve the Mayor's appointment, a quorum may not be present at future HRA meetings. V. ATTACHMENTS • None. VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None. AGENDA SECTION: Proposed Ordinances AGENDA ITEM # $ REPORT # 179 STAFF REPORT CITY COUNCIL MEETING OCTOBER 26, 2004 Related to: CITY COUNCIL, GOAL(S) NO. N/A REPORT PREPARED BY: AND/OR RICHFIELD 2020 GOAL(S) NO N/A BARRY FRITZ, POLICE CAPTAIN NnuE, TITLE COUNCIL PRESENTER: DEPARTMENT DIRECTOR REVIEW: REVIEWED BY CITY MANAGER: ITEM FOR COUNCIL CONSIDERATION: Consideration of second reading of an amendment to the City Code, Chapter XIII to include Ian ua a controllin the use of recreational motor vehicles. I. RECOMMENDED ACTION: By Motion: Approve a second reading of the attached new section 1.355 to the City Code, Chapter XIII to include language controlling the use of recreational motor vehicles and approve the attached resolution allowing a summary publication of the new code language. II. BACKGROUND Small, self-propelled electric and gas powered motor vehicles have become popular items. These small "gopeds" or "pocket rockets" are frequently used by youngsters on the streets and sidewalks in the City. Their inexpensive cost and small size make them a popular item; however, they pose a serious threat to the operators when operated on roads and sidewalks. The operators are typically very young, unlicensed and are not aware of traffic laws and regulations. Additionally, their 1026 Second Reading Recreational Vehicles small size makes them very difficult to be seen by operators of standard motor vehicles. The City Council at their meeting on October 12, 2004 approved the first reading of the III. BASIS OF RECOMMENDATION A. POLICY • The first reading of the new Section 1355, with language changes to the ordinance, was presented to the Council at the October 12, 2004 meeting. • Amendments and/or additions to the City Code require Council approval. B. CRITICAL ISSUES • These types of motor vehicles are becoming increasingly popular. It is wise to establish ordinance language to control their use before there is a proliferation of them on our streets and sidewalks. C. FINANCIAL • The only cost would be related to the publishing of the ordinance in the paper. D. LEGAL • The City Attorney has reviewed the proposed ordinance language. IV. ALTERNATNE RECOMMENDATION~S~ • No action by City Council will lead to the inability of the City to control the use of these vehicles V. ATTACHMENTS • The proposed ordinance. • The resolution allowing summary publication. VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None ~~- 1 ~ ~ ORDINANCE NO. G~ Q~, „~ I ~q AN ORDINANCE RELATING TO THE USE mil' OF RECREATIONAL MOTOR VEHICLES AND OFF-ROAD VEHICLES THE CITY OF RICHFIELD DOES ORDAIN: Section 1. Chapter XIII of the Richfield City Code is amended to add the following new Section 1355: 1355.01. Purpose. The purpose of this section is to provide reasonable regulations for the use of recreational motor vehicles on public and private property in the City. This section is not intended to allow what is prohibited under Minnesota Statutes nor is it intended to prohibit what is expressly allowed under Minnesota Statutes. 1355.03. Definitions. For purposes of this section, the terms defined in this subsection have the meanings given them. Subdivision. 1. "Recreational motor vehicle" means any self-propelled vehicle, power-assisted vehicle and any vehicle propelled or drawn by aself-propelled vehicle powered by a motor having a piston displacement capacity of 25 cubic centimeters or less or an electric motor that is incapable of propelling the vehicle at a speed in excess of 20 miles per hour on a flat surface, including but not limited to trail bike, mini-bike, go-cart, motorized scooter, or motorized skateboard (also known as "powerboard"). Subd. 2. "Off-road vehicle" means any self-propelled vehicle, power-assisted vehicle and any vehicle propelled or drawn by aself-propelled vehicle powered by a motor having a piston displacement capacity of over 25 cubic centimeters or an electric motor that is capable of propelling the vehicle at a speed in excess of 20 miles per hour on a flat surface, including but not limited to all-terrain vehicle, hovercraft, or motor vehicle licensed for highway operation that is being used for off-road recreational purposes. 1355.05.1. Exemptions. This section does not apply to: (a) snowmobiles as defined in Minn. Stat. § 84.81 and regulated by Minn. Stat. § 84.81, et seq; (b) licensed mopeds and motorized bicycles as defined by Minn. Stat. § 169.01, subd. 4a, and regulated by Minn. Stat. §§ 169.222 -169.223; (c) electric personal assistive mobility devices (also known as "segways") as defined in Minn. Stat. § 169.01, subd. 90, and regulated by Minn. Stat. § 169.212; (d) electric-assisted bicycles as defined in Minn. Stat. § 169.01, subd. 4b, and regulated by Minn. Stat. §§ 169.222 - 169.223; and (e) wheelchairs as defined in Minn. Stat. § 169.01, subd. 24a, and regulated` by Minn. Stat. § 169.21. 1355.07. Prohibited Areas and Acts. It is unlawful for any person to operate a recreational motor vehicle or off-road vehicle: (a) On private property of another without specific written permission of the owner of said property. Written permission may be given by a posted notice of any kind or description that the owner, occupant, or lessee prefers, so long as it specifies the kind of vehicles allowed, such as by saying "Recreational Vehicles Allowed," "Trail Bikes Allowed," "All-.Terrain Vehicles Allowed," or words substantially similar. (b) On publicly-owned land including school grounds, park property, playgrounds, recreation areas and golf courses, except where permitted by this section. (c) In a manner so as to create a loud, unnecessary, or unusual noise which disturbs, annoys, or interferes with the peace and quiet of other persons. (d) On a public sidewalk or walkway provided or used for pedestrian travel. (e) At any place while under the influence of intoxicating liquor or narcotics or controlled substances as defined by state law. (f) At a rate of speed greater than .reasonable or proper under all the surrounding circumstances. (g) At any place in a careless, reckless, or negligent manner so as to endanger or be likely to endanger any person or property or to cause injury or damage thereto. (h) On any public street, highway, or right-of--way, unless licensed pursuant to Minnesota law. (i) To intentionally drive, chase, run over, or kill any animal, wild or domestic. Q) To operate or halt any recreational motor vehicle or off-road vehicle carelessly or heedlessly in disregard of the rights or the safety of others, in a manner so as to endanger or be likely to endanger any person or property or in excess of 25 miles per hour on publicly-owned lands. 1355.09. Street crossings. No person under 14 years of age operating a vehicle regulated by this section may make a direct crossing of any street, highway, or public right-of-way. 1355.11. Hours for use. The vehicles regulated by this section may be operated only between the hours of 8:00 a.m. and 10:00 p.m. 1355.13. Minimum equipment requirements. All vehicles regulated under this section must comply with the following equipment requirements. Subdivision 1. Mufflers. Standard mufflers must be properly attached and in constant operation to reduce the noise of the gasoline motor of any recreational motor vehicle or off-road vehicle to the minimum necessary for operation. No .person may use a muffler cutout, by-pass, straight pipe, or similar device on a recreational motor vehicle motor; and, the exhaust system may not emit or produce a sharp popping or cracking sound. Subd. 2. Brakes. Brakes must be adequate to control the movement of the vehicle and to stop and hold the vehicle under any conditions of operation. Subd. 3. Lamps. At least one clear lamp must be attached to the front of the vehicle with sufficient intensity to reveal persons and vehicles at a distance of at least 100 feet ahead during the hours of darkness under normal atmospheric conditions. Such head lamp must be so aimed that glaring rays are not projected into the eyes of an oncoming vehicle operator. It must also be equipped with at least one red tail lamp having a minimum candlepower of sufficient intensity to exhibit a red light plainly visible from a distance of 500 feet to the rear during the hours of darkness under normal atmospheric conditions. This equipment is required and must be in operating condition when the vehicle is operated between the hours of one-half hour after sunset to one-half hour before sunrise or at times of reduced visibility. 1355.15. Designation of public areas for use. Subdivision 1. Process. The City Council may designate areas for use of recreational motor vehicles and off-road vehicles by approval with a majority vote. The areas designated may be changed from time to time by the City Council. Designated areas will be published in the official newspaper of the City in a conspicuous place after such approval. If an area is changed, the change will also be published in the official newspaper of the City. Subd. 2. Map of designated areas. A current map of designated areas open for recreational motor or off-road vehicle use will be kept on file in the office of the City Clerk. The City Manager will provide, on request, a copy of such map.together with the applicable rules, regulations, and this section to each person requesting such information from the City. Subd. 3. Park property. Unless designated by the City Council as an area for recreational motor vehicles or off-road vehicles, use on City park property is unlawful. Use in City parks designated by the City Council must be in accordance with all of the applicable provisions of this section and the rules and regulations of the Director of Recreational Services. 1355.17. Penalty. The following penalties apply to violations of this section. Subdivision 1. Misdemeanor. Violations of subsection 1355.07 (e), (g), (i) and Q) are punishable as a misdemeanor. Subd. 2. Petty Misdemeanor. All other violations of this section are punishable as a petty misdemeanor. Adopted this 26th day of October,, 2004. Martin J. Kirsch, Mayor ATTEST: Nancy Gibbs, City Clerk ORDINANCE NO. AN ORDINANCE RELATING TO THE USE OF RECREATIONAL MOTOR VEHICLES AND OFF-ROAD VEHICLES THE CITY OF RICHFIELD DOES ORDAIN: Section 1. Chapter XIII of the Richfield Gity Code is amended to add the following new Section 1355: 1355.01. Purpose. The purpose of this section is to provide reasonable regulations for the use of recreational motor vehicles on public and private property in the City. This section is not intended to allow what is prohibited under Minnesota Statutes nor is it intended to prohibit what is expressly allowed under Minnesota Statutes. 1355.03. Definitions. For purposes of this section, the terms defined in this subsection have the meanings given them. Subdivision. 1. "Recreational motor vehicle" means any. self-propelled vehicle, power-assisted vehicle and any vehicle propelled or drawn by aself-propelled vehicle powered by a motor having a piston displacement capacity of 25 cubic centimeters or less or an electric motor that is incapable of propelling the vehicle at a speed in excess of 20 miles per hour on a flat surface, including but not limited to trail bike, mini-bike, go-cart, motorized scooter, or motorized skateboard (also known as "powerboard"). Subd. 2. "Off-road vehicle" means .any self-propelled vehicle, power-assisted vehicle and any vehicle propelled or drawn by aself-propelled vehicle powered by a motor having a piston displacement capacity of over 25 cubic centimeters or an electric motor that is capable of propelling the vehicle at a speed in excess of 20 miles per hour on a flat surface, including but not limited to all-terrain vehicle, hovercraft, or motor vehicle licensed for highway operation that is being used for off-road recreational purposes. 1355.05.1. Exemptions. This section does not apply to: a) snowmobiles as defined in Minn. Stat. § 84.81 and regulated by Minn. Stat. § $4.81, et seq; b) licensed mopeds and motorized bicycles as defined by Minn. Stat. § 169.01, subd. 4a, and regulated by Minn. Stat. §§ 169.222 - 169.223; c) electric personal assistive mobility devices (also known as "segways") as .defined in Minn. Stat. § 169.01, subd. 90, and regulated by Minn. Stat. § 169.212; and d) electric-assisted bicycles as defined in Minn. Stat. § 169.01, subd. 4b, and regulated by Minn. Stat. §§ 169.222 -169.223. 1 1355.07. Prohibited Areas and Acts. It is unlawful for any person to operate a recreational motor vehicle oroff--road vehicle: a) On private property of another without specific written permission of the owner of said property. Written permission may be given by a posted notice of any kind or description that the owner, occupant, or lessee prefers, so long as it specifies the kind of vehicles allowed, such as by saying "Recreational Vehicles Allowed," "Trail Bikes Allowed," "All-Terrain Vehicles Allowed," or words substantially similar. b) On publicly-owned land including school grounds, park property, playgrounds, recreation areas and golf courses, except where permitted by this section. c) In a manner so as to create a loud, unnecessary, or unusual noise which disturbs, annoys, or interferes with the peace and quiet of other persons. d) On a public sidewalk or walkway provided or used for pedestrian. travel. e) At any place while under the influence of intoxicating liquor or narcotics or controlled substances as defined by state law. f) At a rate of speed greater than reasonable or proper under all the surrounding circumstances. g) At any place in a careless, reckless,. or negligent manner so as to endanger or be likely to endanger any person or property or to cause injury or damage thereto. h) On any public street, highway, or right-of-way, unless licensed pursuant to Minnesota law. i) To intentionally drive, chase, run over, or kill any animal, wild or domestic. j) To operate or halt any recreational motor vehicle or off-road vehicle carelessly or heedlessly in disregard of the rights or the safety of others, in a manner so as to endanger or be likely to endanger any person or property or in excess of 25 miles per hour on publicly-owned lands. 1355.09. Street crossings. No person under 14 years of age operating a vehicle regulated by this. section may make a direct crossing of any street, highway, or public right-ofi way. 1355.11. Hours for use. The vehicles regulated by this section may be operated only between the. hours of 8:00 a.m. and 10:00 p.m. 1355.13. Minimum equipment requirements. All vehicles regulated under this section must comply with the following equipment requirements. Subdivision 1. Mufflers. Standard mufflers must be properly attached and in constant operation to reduce the noise of the gasoline motor of any recreational motor vehicle or off-road vehicle to the minimum necessary for operation. No person may use a muffler cutout, by-pass, straight pipe, or Ordinance 1355 2 similar device on a recreational motor vehicle motor; and, the exhaust system may not emit or produce a sharp popping or cracking sound. Subd. 2. Brakes. Brakes must be adequate to control the movement of the vehicle and to stop and hold the vehicle under any conditions of operation. Subd. 3. Lamps. At least one clear lamp must be attached to the front of the vehicle with sufficient intensity to reveal persons and vehicles at a distance of at least 100 feet ahead during the hours of darkness under normal atmospheric conditions. Such head lamp must be so aimed that glaring rays are not projected into the eyes of an oncoming vehicle operator. It must also be equipped -with at least one red tail lamp having a minimum candlepower of sufficient intensity to exhibit a red light plainly visible from a distance of 500 feet to the rear during the hours of darkness under normal atmospheric conditions. This equipment is required and must be in operating condition when the vehicle is operated between the hours of one-half hour after sunset to one-half hour before sunrise or at times of reduced visibility. 1355.15. Designation of public areas. for use. Subdivision 1. Process. The City Council may designate areas for use of recreational motor vehicles and off-road vehicles by approval with a majority vote. The areas designated may be changed from time to time by the City Council. Designated areas will be published in the official newspaper of the City in a conspicuous place after such approval. If an area is changed, the change will also be published in the official newspaper of the City. Subd. 2. Map of designated areas. A current map of designated areas open for recreational motor or off-road vehicle use will be kept on file in the office of the City Clerk. The City Manager will provide, on request, a copy of such map together with the applicable rules, regulations, and this section to each person requesting such information from the City. Subd. 3. Park property. Unless designated by the City Council as an area for recreational motor vehicles or off-road vehicles, use on City park property is unlawful. Use in City parks designated by the City Council. must be in accordance with all of the applicable provisions of this section and the rules and .regulations of the Director of Recreational Services. 1355.17. Penalty. The following penalties apply to violations of this section. Subdivision 1. Misdemeanor. Violations of subsection 1355.07 (e), (g}, (i) and (j) are punishable as a misdemeanor. Subd. 2. Petty Misdemeanor. A(I other violations of this section are punishable as a petty misdemeanor. Adopted this 26th day of October 2004. Martin J. Kirsch, Mayor ATTEST: Nancy Gibbs, City Clerk Ordinance 1355 3 RESOLUTION NO. RESOLUTION APPROVING SUMMARY PUBLICATION OF AN ORDINANCE ADDITION TO CHAPTER XIII OF THE RICHFIELD CITY CODE WHICH PERTAINS RECREATIONAL MOTOR VEHICLES AND OFF-ROAD VEHICLES: WHEREAS, the City has adopted the above referenced amendment to the Richfield City Code; and WHEREAS, Section 3.12 of the Richfield City Charter allows publication by title and summary in the case of lengthy ordinances; and WHEREAS, the verbatim text of the amendment is cumbersome, and the expense of publication of the complete text is not justified and WHEREAS, the City Council believes that the following summary would clearly inform the public of the intent and effect of the ordinance. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield that the following summary of Ordinance No. is hereby approved for official publication: SUMMARY PUBLICATION The City Council of the City of Richfield has adopted Ordinance No. .The ordinance regulates the use of recreational motor vehicles and off-road vehicles. The proposed ordinance establishes reasonable regulations for the use of such vehicles on public and private property in the City. It also establishes penalties for violations of the ordinance. Copies of the ordinance are available for public inspection in the Public Safety Department during normal business hours or upon request by calling at Linda Anderson at 612-861-9810. Adopted by the City Council of the City of Richfield, Minnesota this 26th day of October, 2004. Martin J. Kirsch, Mayor ATTEST: Nancy Gibbs, City Clerk AGENDA SECTION: p~posed Ordinance AGENDA ITEM # ~ REPORT # j 78 ~J STAFF REPORT CITY COUNCIL MEETING OCTOBER 26, 2004 Related to: CITY COUNCIL GOAL(S) No. N/A REPORT PREPARED BY: ANn/oR RICHFIELD 2020 GOAL(S) NO N/A CHRISTINE COSTELLO, ZONING ADMINISTRATOR NAME, TITLE COUNCIL PRESENTER: DEPARTMENT DIIZECTOR REVIEW: REVIEWED BY CITY MANAGER: ITEM FOR COUNCIL CONSIDERATION: Second reading of ordinance establishing a moratorium for front-yard parking regulations. I. RECOMMENDED ACTION: By Motion: Conduct a second reading of the attached ordinance establishing a moratorium until front-yard parking regulations are amended. II. BACKGROUND • The Richfield City Council is currently in the process of reviewing the front- yard parking regulations. • Front-yard parking regulations have been a concern of the City Council and citizens due to an excessive amount of paving and vehicles in the front yards of residential properties within the. City. • The issue of pavement in front yards is particularly common along major streets in the City where on-street parking is prohibited. • The City Council is interested in conducting a study and reviewing its zoning and parking regulations to determine the most appropriate amendments to its regulations relating to front yard parking. • The City Council is concerned that continued paving in front yard areas will frustrate the City's efforts to address front-yard parking issues and will be detrimental to the best interests of the public. • A resolution calling for a study and a moratorium for front-yard parking regulations was passed at the September 28, 2004, City Council meeting. III. BASIS OF RECOMMENDATION A. POLICY • The City Council is concerned about conflicting uses for front yard areas. First reading of the ordinance was September 28, 2004. B. CRITICAL ISSUES • If Richfield does not adopt new front-yard parking regulations the City may continue to see an increase of paving within the front yard. C. FINANCIAL • N/A D. LEGAL • State Statute 462.355 allows the City to adopt an interim ordinance for the purpose of protecting the planning process and the health, safety, and welfare of its citizens. • An ordinance requires two readings and is not effective until 30 days after publication. (The resolution is effective immediately and covers the interim time period.) • The City Attorney has reviewed this matter and recommends City staff develop regulations for front-yard parking ordinance for the City Council's consideration. • The moratorium would be in effect until March 31, 2005, or until the effective date of permanent amendments to the front-yard parking ordinance whichever is earlier. TERNATNE KECOMMENDATION(S) I Deny the request for adopting a temporary moratorium by ordinance. This would allow Richfield residents to continue obtaining permits for parking in the front-yard. This may have an adverse impact on properties or the City as a whole, and lead to a number of legally non-conforming uses. V. ATTACHMENTS • Transitory Ordinance • State Statute 462.355 I VI. PRINCIPAL PARTIES EXPECTED AT MEETING ORDINANCE NO. AN ORDINANCE AUTHORIZING A STUDY TO BE CONDUCTED PERTAINING TO FRONT-YARD PARKING REGULATIONS AND PLACING A MORATORIUM ON THE INSTALLATION OF PAVEMENT IN FRONT-YARD AREAS THE CITY OF RICHFIELD ORDAINS: Section 1. Background. 1.01 The City Council of the City of Richfield has held several discussions related to front-yard parking regulations. 1.02 Front-yard parking regulations have been a concern of the City Council and citizens due to an excessive amount of paving and vehicles in front yards within the City. 1.03 The issue of pavement in front yards is particularly common along major streets in the City where on-street parking is prohibited. 1.04 The City has studied and reviewed its zoning and parking regulations to determine the most appropriate amendments to its regulations relating to front-yard parking. 1.05 The City staff is in the process of developing amendments to the City's zoning and parking regulations to implement the results of that study and review. 1.06 The City is concerned that continued paving in front yard areas will frustrate the City's efforts to address front-yard parking issues and will be detrimental to the best interests of the public. 1.07 Minnesota Statutes, section 462.355, subdivision 4, allows the City to adopt an interim ordinance for the purpose of protecting the planning process and the health, safety and welfare of its citizens. Section 2. Findings 2.01. The City council finds that it is necessary to amend the City's current regulations regarding vehicular parking in front yard areas and to implement the results of the City's study regarding parking in front yard areas. 2.02. The City Council finds that there is a need to adopt an interim moratorium ordinance for the purpose of protecting the planning process and the health, safety and welfare of its citizens regarding such matters. Section 3. Planning and Zoning Study; Moratorium 3.01. The City staff is directed to implement the results of the City's study concerning front-yard parking and paving by developing appropriate amendments to the 3.02 Upon completion of the City staff's work, the matter is to be considered by the City Council for formal adoption of amendments to the relevant parking and zoning regulations. 3.03 A moratorium on the installation of pavement in front-yard areas, as defined by the City's Zoning Ordinance except for such area lying directly in front of garage doors or carport openings and leading directly to the street, is adopted pending the adoption of any amendments to the City parking and zoning regulations. Section 4. Enforcement. The City may enforce this ordinance by mandamus, injunction or other appropriate civil remedy in any court of competent jurisdiction. Section 5. Term. The moratorium period created under this ordinance will expire on March 31, 2005 unless earlier repealed by the City Council. The moratorium may be extended for a reasonable time, as allowed in Minnesota Statutes Section 462.355, subd. 4, as necessary to complete the study and adopt the necessary amendments to the City's zoning and parking regulations. Section. 6. Effective Date. This ordinance is effective as provided by section 3.09 of the Richfield City Charter. Martin J. Kirsch, Mayor ATTEST: Nancy Gibbs, City Clerk MN Statute 462.355 Prepare, adopt, and amend comprehensive municipal plan. Subdivision 1. Preparation and review. The planning agency shall prepare the comprehensive municipal plan. In discharging this duty the planning agency shall consult with and coordinate the planning activities of other departments and agencies of the municipality to insure conformity with and to assist in the development of the comprehensive municipal plan. In its planning activities the planning agency shall take due cognizance of the planning activities of adjacent units of government and other affected public agencies. The planning agency shall periodically review the plan and recommend amendments whenever necessary. Subd. 1a. Plan update by metropolitan municipalities. Each municipality in the metropolitan area, as defined in section 473.121, subdivision 2, shall review and update its comprehensive plan and fiscal devices and official controls as provided in section 473.864, subdivision 2. Subd. 2. Procedure for plan adoption and amendment. The planning agency may, unless otherwise provided by charter or ordinance consistent with the municipal charter, recommend to the governing body the adoption and amendment from time to time of a comprehensive municipal plan. The plan may be prepared and adopted in sections, each of which relates to a major subject of the plan or to a major geographical section of the municipality. The governing body may propose the comprehensive municipal plan and amendments to it by resolution submitted to the planning agency. Before adopting the comprehensive municipal plan or any section or amendment of the plan, the planning agency shall hold at least one public hearing thereon. A notice of the time, place and purpose of the hearing shall be published once in the official newspaper of the municipality at least ten days before the day of the hearing. Subd. 3. Adoption by governing body. A proposed comprehensive plan or an amendment to it may not be acted upon by the governing body until it has received the recommendation of the planning agency or until 60 days have elapsed from the date an amendment proposed by the governing body has been submitted to the planning agency for its recommendation. Unless otherwise provided by charter, the governing-body may by resolution by atwo-thirds vote of all of its members adopt and amend the comprehensive plan or portion thereof as the official municipal plan upon such notice and hearing as may be prescribed by ordinance. Subd. 4. Interim ordinance. If a municipality is conducting studies or has authorized a study to be conducted or has held or has scheduled a hearing for the purpose of considering adoption or amendment of a comprehensive plan or official controls as defined in section 462.352, subdivision 15, or if new territory for which plans or controls have not been adopted is annexed to a municipality, the governing body of the municipality may adopt an interim ordinance applicable to all or part of its jurisdiction for the purpose of protecting the planning process and the health, safety and welfare of its citizens. The interim ordinance may regulate, restrict or prohibit any use, development, or subdivision .- within the jurisdiction or a portion thereof for a period not to exceed one year from the date it is effective, and may be extended for such additional periods as the municipality may deem appropriate, not exceeding a total additional period of 18 months. No interim ordinance may halt, delay, or impede a subdivision, which has been given preliminary approval prior to the effective date of the interim ordinance. AGENDA SECTION: public Hearing AGENDA ITEM # REPORT # j 77 ~~ STAFF REPORT CITY COUNCIL MEETING OCTOBER 26, 2004 Related to: CITY COUNCIL GOAL(S) No. N/A AND/oR RICHFIELD 2020 GOAL(S) No N/A REPORT PREPARED BY: CHRISTINE COSTELLO, ZONING ADMINISTRATOR NAME, TITLE COUNCIL PRESENTER: DEPARTMENT DIRECTOR ry REVIEW: LJ REVIEWED BY CITY MANAGER: ~ ITEM FOR COUNCIL CONSIDERATION: Public hearing to consider the resolution requesting a Conditional Use Permit at 7300 17th Avenue to allow an additional em to ee in a home occu ation in the "R" zonin district. I. RECOMMENDED ACTION: Conduct and close a public hearing and by motion: Recommend approval of the attached Resolution requesting a Conditional Use Permit to allow an additional employee in a home occupation at 7300 17th Avenue in the "R" zoning. II. BACKGROUND • Ms. Julie Swanson is proposing to operate a beauty salon as a home occupation. • The applicant is proposing to employ one additional non-family member stylist, which requires approval of a Conditional Use Permit (CUP). 102604C U P-730017thAve n u e • The proposed hours of operation are Monday through Friday, 10 a.m. to 7 p.m., and Saturday 10 a.m. to 5 p.m., with the understanding that hours may be extended based on hair emergencies, weddings, or vacations. • There are three parking spaces provided on the applicant's driveway to serve clients. • The applicant is proposing to add on to her home an addition of 224 square feet (16 x 14 feet). • The addition meets all Zoning Code requirements and does not require any land use approvals. • This item was heard at the September 27, 2004, Planning Commission. The Planning Commission did not have any questions for the applicant other than commending the applicant for seeking City approval before beginning her home occupation. The motion carried 8-0. III. BASIS OF RECOMMENDATION A. POLICY • Anon-resident employee in a home occupation requires a conditional use permit per the home occupation regulations. The findings necessary to issue a CUP (546.05, subd.6) are as follows: a) The proposed use is consistent with the goals, policies, and objectives of the City's Comprehensive Plan. The comprehensive plan does not detail allowed uses in its districts. The Comprehensive plan calls for the area to be Single-Family Residential -High Density. b) The proposed use is consistent with any oflrcially adopted redevelopment plans or urban design guidelines. There are no officially adopted redevelopment or urban design guidelines that would dictate this project. c) The proposed use is or will be in compliance with the performance standards specified in Section 541 of this code. This requirement is only for new development, and excludes single family, two families, and cluster housing developments. d) The proposed use will not have undue adverse. impacts on governmental facilities, utilities, services, or existing or proposed improvements. This requirement is met. e) The use will not have undue adverse impacts on the public health, safety, or welfare. This requirement is met. The primary concern associated with a home occupation is parking. There is currently room. on the applicant's driveway for three parking spaces for operators and customers f) There is a public need for such use at the proposed location. The proposed use is in keeping with the area uses. g) The proposed use meets or will meet all the specific conditions set by this code for the granting of such conditional use permit. This requirement is met. The zoning code specifies seven requirements, which must be met fora home occupation. The current request meets all of these requirements, as explained below. 1. The first requirement, the home occupation is an accessory use to the residential dwelling unit. The home occupation is proposed as an accessory use.. 2. All activities of the home occupation must be conducted within a fully enclosed building. This requirement will be met with the proposed addition. 3. One sign not exceeding two square feet in area, which states the general nature of the home occupation, may be erected on the premise in accordance with the sign ordinance. Also, no other advertising sign, device, or display may be used to invite attention to the home occupation. The applicant has not requested this yet, but it is allowed. 4. A maximum of three parking spaces for operators and customers is allowed and must be provided for on the premises. The applicant has the required number of spaces on her driveway. 5. Continuous retail sales of products on the premises are prohibited. Occasional sales of products are permitted as long as it is incidental to and not the primary purpose of the home occupation. The main purpose will be the cutting, and styling of hair, and the sale of any styling products is incidental to the salon. 6. One person in addition to the person or persons who occupy the dwelling may be employed at the residence if a conditional use permit is issued as long as all the items under the "Policy" section of this. report are followed. The petitioner is currently going through this process for a conditional use permit in order to satisfy this requirement for this specific item. 7. The hours of operation for a home occupation shall be limited to 7:00 a.m. and 9:00. p.m. The applicant proposes hours of 9 a.m. to 9 p.m. at the maximum. The hours will vary on the number of appointments that are made. B. CRITICAL ISSUES • N/A C. FINANCIAL • N/A D. LEGAL Notification: Notification for the City Council public hearing on this proposed Conditional Use Permit was published in the Sun Current on June 10, 2004 as required by City Ordinances and State Statutes. • Zoning: `R', Single Family Residential • Land Use: Current: Single Family Residence • Proposed: Single Family Residence with a home occupation. • Comprehensive Plan: • Notification: - • Other Actions: • Planning Commission: • HRA: • Hearing Examiner: Single Family /High Density Residential Neighbors and property-owners within 350 feet N/A Approval of CUP at September 27, 2004, meeting Vote: 7-0 N/A N/A. IV. ALTERNATIVE RECOMMENDATION(S~ • Deny the requested CUP to allow an additional employee in a home occupation at 7300 17th Avenue. • Approve the requested CUP to allow an additional employee in a home occupation at 7300 17th Avenue with additional stipulations. V. ATTACHMENTS • Draft Resolution for City Council • Code Reference: Section 546-Zoning -Administration 546.05 Conditional Use Permit, and Section 511.21-Home Occupation • Site plan and area maps • Neighborhood petition in support of beauty salon VI. PRINCIl'AL PARTIES EXPECTED AT MEETING • Ms. Julie Swanson, applicant .~ RESOLUTION NO. RESOLUTION AUTHORIZING A CONDITIONAL USE PERMIT TO ALLOW AN ADDITIONAL EMPLOYEE IN A HOME OCCUPATION AT 7300 17TH AVENUE SOUTH WHEREAS, an application has been filed with the City of Richfield which requests approval of a conditional use permit to allow an additional employee in a home occupation at 7300 17th Avenue South, legally described as: LOT 1, BLOCK 2, EVERGREEN GARDENS WHEREAS, the Planning Commission of the City of Richfield has recommended approval of this requested conditional use permit at 7300 17TH Avenue South at its September 27th, 2004 meeting, and WHEREAS, this requested conditional use permit at 7300 17th Avenue South meets those requirements necessary for issuing a conditional use permit as specified in Richfield's Zoning Code, section 546.05, subd.6, and WHEREAS, the City has fully considered the request for approval of the conditional use Permit. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Richfield, Minnesota, as follows: 1. A conditional use permit is issued for an additional employee in a home occupation, as described in City Council Staff Report No. , on the Subject Property legally described above. 2. This conditional use permit at 7300 17th Avenue South is subject to the following conditions in Section 511.21 of the City's Zoning Ordinance. 3. The conditional use permit shall remain in effect for so long as conditions regulating it are observed, and the conditional use permit shall expire if normal operation of the use has been discontinued for 12 or more months, as required by the Zoning Ordinance, Section 546.05, Subd. 9. Adopted by the City Council of the City of Richfield, Minnesota this 26th day of October, 2004. Martin J. Kirsch, Mayor ATTEST: Nancy Gibbs, City Clerk SECTION 546 -ZONING: ADMINISTRATION 546.05. Conditional use permits. Subdivision 1. Permit required. It shall be unlawful to engage in any use listed in this code as a conditional use without first obtaining a conditional use permit (CUP) from the City pursuant to this subsection. Subd. 2. Limitations. A conditional use permit may not be issued for the purpose of granting an adjustment or appeal, or for any use prohibited in the zoning district for which the permit is sought. Subd. 3. Application. Application for a conditional use permit shall be made to the Director on forms provided by the City. Subd. 4. Planning Commission review. After receipt of a completed application, a date shall be set for consideration before the Planning Commission. The Planning Commission may offer whatever public notice of its review it deems necessary. Following this consideration, the Planning Commission shall make a recommendation to the City Council regarding the application. Subd. 5. Public hearing. After receipt of the recommendation of the Planning Commission, a date shall be set for a public hearing. Not less than 10 days prior to the public hearing, notice shall be published once in the official newspaper and sent by mail to all the owners of properties located wholly or partially within 350 feet. The Council shall make the final determination on the application, and in doing so shall make findings regarding its review. The Council may impose conditions and require guarantees on the granting of the permit in order to ensure compliance with the conditions designated in connection therewith. The Council shall. make. a decision within 60 days of submission of a completed application unless written notice of an extension is provided to the applicant. The notification must state the reasons for the extension and its anticipated length, which may not exceed 60 days unless approved by the applicant. If the Council fails to make a timely decision, the conditional use permit shall be deemed to have been approved. (Amended, Bill No. 1995-19, Sec. 4) Subd. 6. Conditions for issuance. The Council may not grant a conditional use permit unless it finds that all of the following conditions will be met: a) the proposed use is consistent with the goals, policies, and objectives of the City's Comprehensive Plan; b) the proposed use is consistent with any officially adopted redevelopment plans or urban design guidelines; c) the proposed use is or will be in compliance with the performance standards specified in Section 541 of this code; d) the proposed use will not have undue adverse impacts on governmental facilities, utilities, services, or existing or proposed improvements; e) the use will not have undue adverse impacts on the public health, safety, or welfare; and f) there is a public need for such use at the proposed location; and _~~ g) the proposed use meets or will meet all the specific conditions set by this code for the granting of such conditional use permit. Subd. 7. Recording of CUP. Upon commencement of an approved conditional use, a certified copy of the conditional use permit shall be filed by the applicant with the Hennepin County Recorder or Registrar of Titles. The permit shall contain the legal description of the property. Subd. 8. Expiration of CUP. A conditional use permit shall expire one year after it has been issued unless: a) the use for which the permit was granted has commenced within the one year period; or b) upon written request of the person or corporation holding the CUP, the Council extends the expiration date for an additional period not to exceed one year. Subd. 9. Term of CUP. A conditional use permit shall remain in effect for so long as the conditions regulating it are observed, unless specifically stated otherwise. A conditional use permit shall expire if normal operation of the use has been discontinued for 12 or more months. Time shall be calculated as beginning on the day following the last day in which the use was in normal operation and shall run continuously thereafter. Subd. 10. Amendment to CUP. Holders of a conditional use permit may propose amendments to the permit by following the procedure set in this subsection for issuance of a new permit.- Significant changes in the circumstances or scope of the use shall require approval of the Council. Such changes may include, but are not limited to, hours of operation, increase in number of employees, expansion of structure or premises, or major operational modifications, as determined by the Director. The Planning Commission may recommend, and the Council may impose, additional or modified conditions as a result of the amendment. Subd. 11. Fee. The fee for a conditional use permit or amendment thereto is set by Appendix D of the City Code. _~~ 511.21. Home occupations. Subdivision 1. Home occupation defined. A home occupation is a business activity of a service character which is clearly incidental to the principal use of the premises as a dwelling and which does not alter the exterior of the property or affect the character of the neighborhood. Subd. 2. Purposes. The purposes of this subsection are to: (i) allow for home occupations which are appropriate for residential settings; (ii) protect those conducting a home occupation from self-induced harm; and (iii) protect the property rights of neighbors. Subd. 3. Compliance required. A home occupation may be established and conducted only in accordance with this subsection. Subd. 4. Subordinate use. A home occupation shall be permitted as an accessory use to a residential dwelling unit. The home occupation use must be clearly subordinate to the residential use of the property and must be conducted by a person or persons who reside in the dwelling. Subd.- 5. Activities. A home occupation must be conducted in such a manner that activities connected with it are not noticeable from adjacent streets or residential lots, and except as permitted in Subd. 6 below, do not draw attention to the home occupation. All activities related to a home occupation must be conducted within a fully enclosed building. Subd. 6. Advertising. One sign not exceeding two square feet in area which states the general nature of the home occupation, may be erected on the premises in accordance with the provisions of this code and- Section 416 of the City Code. No other advertising sign, device, or display may be used to invite attention to the home occupation. Subd. 7. Outside storage and vehicles. No outside storage of products or materials or equipment connected with the home occupation is permitted. This subdivision does not prohibit the outside parking of motor vehicles on the driveway of the premises in accordance with Subd. 8 below, provided that such vehicle parking is not otherwise prohibited by Section 1320 of the City Code. Subd. 8. Outdoor parking of commercial vehicle. Outdoor parking of no more than one commercial type vehicle or vehicle identified for business purposes is permitted, provided that the vehicle does not exceed 3/4 ton capacity, that the vehicle is registered to an occupant of the home, and that the vehicle is parked in a landscaped location on the property, as approved by the Director. Subd. 9. Parking, structural changes, lighting. Parking, structural alteration, lighting or similar facilities which indicate a use of the dwelling for purposes other than a residential structure are prohibited. Home occupations involving the need for more than three outdoor parking spaces for the operators and customers shall be prohibited. Parking facilities required to serve the home occupation shall be provided on the premises, but no such parking facilities shall be provided within any required front or side yard, except upon an established driveway. Subd. 10. Retail sales. Continuous retail sales of products on the premises are prohibited. .Occasional sales of products or other articles are permitted where the dwelling serves as an office for a person regularly engaged in retail sales outside the dwelling, or where such occasional sales are incidental to and not the primary purpose of the home occupation. Subd. 11. Specific activities prohibited. The following activities shall not be allowed as home occupations: ,~ ~ P a) the repair, whether for consideration or not, of motor vehicles which are not registered to a resident of the dwelling on the property where the repair is made, or to a son or daughter, sibling, parent, grandparent, or grandchild of a resident of the property; b) adult business establishments regulated under Section 1196 of the City Code; c) the practice of medical, dental, chiropractic, psychiatric, or other similar treatment or therapy, including acupuncture, where the person(s) providing such treatment or therapy is not licensed by the State of Minnesota to administer such treatment or therapy; d) businesses, educational programs, or similar gatherings which meet on a regular basis, having more than six non-resident adults in attendance at one time; e) pet grooming or pet care facilities, except those legally existing on or before June 1, 1995; f) gun or ammunition sales/repair, except those legally existing on or before June 1, 1995; g) music instruction, unless conducted within a single family (detached) dwelling; and h) tattoo businesses. Subd. 12. Performance standards. A home occupation may not adversely impact the residential character of the dwelling or its neighborhood because-of the emission of noise, odor, water, smoke, dust, gases, heat, glare, vibration, electrical interference, or parking or traffic resulting from the conduct of the home occupation. Subd. 13. Non-resident employee. One person in addition to the person or persons who occupy the dwelling may be employed at the residence if a conditional use permit is issued in accordance with Subsection 546.05 of this code. Subd. 14. Hours of operation. The hours of operation for any home occupation shall be limited to between 7:00 a.m. and 9:00 p.m. Subd. 15. Use of equipment. No mechanical or electrical equipment requiring in excess of 220 volts single phase shall be permitted in the conduct of a home occupation, and no electric motor shall exceed three horsepower. ,~ (~ . • _ ~~ y - ~ ~+"~~. rI^ r ~ ~'~ vim-''. _ . ~ ~~ ~~ ~r;~tJw~ T^.•+~ w'~".•A~' a ~ .•'~ •~.,~ ~ .~. .•~- .~-~? _ SEERS •~-~dD- SURVEYORS- _ •....~ • ~• ^~ CIVIL EiVGI _ ,. -~- ~.~ ..~...~ - . - • _.~ L ~~ • .s :. .... - : Cor. F01JR'TN„~T.•8c ^.,;~=- ~ ' . - ~ _ . ~ SU~°TE`41o - • -. r ~ ~q ~ ARQUETTE AVL. ~~.s -iiOtiE: Fit.MIIRE ~iR9 NFW AObP.E55 • MINK&APOL15, Mil~tl!t. - (~ n(~ M (~ 124 v.F~i IhKi SIP.FeI (~ ~o~ ~ ~ ~i ~ Q ~ 4 ~ ~QQif ~ //~+ ~ " `i ~ t+11NNFAFCEIS $, M.IkA:~SOIA - • •Fvr ~~I~erL L~dIJiI~ TELEPrl4tiE . G185oN t7~5. , . ~: 73 . } • ----- l33.d 4 - _- - _.... I~~t ,~~ r tom. ! ~o .~t~~-hc~r~ t o 30 '~ 0 . -~, l ~J . ~~ ~! 35 ~. 1 •~ \ oa ' sus ~ ~ `. -n, ~ ~, 4 ~ ~ j ~ 4t ~ ,~ j ~ ti f ,,~ /33.0 G --_ i~;t lii- S ~ - ~ . lYE HEREBY CERT1itY T~+T TtiiB 1L A 7RUfi AND COgRECT PLAT ~,- ~ E t7F A SURYEy OF {.OT f ~ BLOCK 2~ ~V$RRREStd ~I-ROEN>r~ • AE1 SUItY£YCD BV V6 !'N1©ECEMS~R~ ~f:54• ~ cG~tV, F! ci.0 .1Pk? tlOIVtIK , ~cAt,~: • f't ~ 20i , ' oNa~NirBRS aNa &t7RV@YORS . 't%~ ~ 5:.1a 3t io certify that the g:coorod iacetton of ~ ' . his sl;+tetu~, is spawn oa ti::e snrv , is cot• ~ , j ~ '~''~+~'''~.~ //~,~'..~ ra•a ~i~o o aac ad .with: ` ~ ~j~~-r~..~L'c.•J.vJ.,~,G-' 2~•'i• /r( ~ ~. 1 sY= '-t ---- ------ "owsec Y" ~ ~ 1• ' ' CUP REQUEST FOR 7300 '17TH AVENUE SEPTEMBER, 2004 ZONING OF PROPERTIES WITHIN 350 FEET yJ~~ P~. O~ ~ 72ND ST. ui i a w a u a a o _ ~ ~ ~ / A ~ r T ~ Z R ~ ~ R R O R R R R R O m R R R R R R R R R R R R R R R R R ~ 73RD S T 730 R R CENTENNIAL R R R SCHOOL R R R R R R R R R R R R R R R w a a °w U ~ ti _~ f 7 ,~ l I I I I f 74TH ST. ZONING SYMBOLS R =SINGLE FAMILY RESIDENTIAL N 100 0 100 200 300 400 500 Feet ' 9-2-04 ~`- 1 CUP REQUEST FOR 7300 '17TH .AVENUE SEPTEMBER, 2004 LAND USES OF PROPERTIES WITHIN .350 FEET ~.J~• Q~. ADO 72ND ST. i i u a ui a u. a ~ o ~ T r" z ES RES O RE RES RES - O m S RES RES RES RES RES RES RES RES RES RES ~ 73RD S T 3 7~~~ CENTENNIAL RES SCHOOL RES RES RES RES RES w a r.. -1 ~ RES ES RES RE R RES ~ RES RES RES RES RES .RES RES RES RES RE RES S RES RES ES ~_ I w a a W U h ti 2 74TH ST. LAND USE SYMBOLS RES =SINGLE FAMILY RESIDENTIAL N 100 0 100 200 300 400 500 600 Feet 9-2-04 a~~~ ~~v, r'~ ~ ~~ ~~ ~'10n ~f~~~~~ ~d~V ~1~~~1~~ ~-ed ~~" ~~D ~'~' ~v S" ~eh,~r-e' ~~~~~ ~~, ~~ ~~ ~ 3 ~ ~~ ~~~~'~~ /`~~' ~°~ ~- ~ ~ ~~~ ~~ ~~ ~~,. ~~ ~ ~~ ~~ ~{ ~ ~ ~ ~ ~ ~~~ ~- ~ ~. ~ ~ ~ ~ ~~- ~~ ~ ~ ~ ~.,~ ~~ ~ - ~.~ ~~ ~-~~ ~ ~ ~~~~~' ~~. ~~, AGENDA SECTION: Consent AGENDA ITEM # ~FE REPORT # 176 J STAFF REPORT CITY COUNCIL MEETING OCTOBER 26, 2004 Related to: CITY COUNCIL, GOAL(S) No. N/A REPORT PREPARED BY: AND/OR RICHFIELD 2020 GOALS) NO N/A 7AY HENTHORNE, POLICE LIEUTENANT NAME, TITLE COUNCIL PRESENTER: DEPARTMENT DIRECTOR REVIEW: REVIEWED BY CITY MANAGER: ITEM FOR COUNCIL CONSIDERATION: Consideration of the renewal of the contract with Chiefs Towing, Inc., for Public Safety towing services for December 1, 2004 throu h November 30, 2005. I. RECOMMENDED ACTION: By Motion: Approve the attached December 1, 2004 through November 30, 2005 towing services contract between the City and Chief's Towing, Inc., 8610 Harriet Avenue South, Bloomington, MN, and the 1.6% increase in charges contained #herein. II. BACKGROUND The City currently has a contract with Chief's Towing, Inc., for Public Safety towing services. Chief's Towing, Inca was awarded the contract for 2004 and would like to renew the contract for the year 2005, as the contract expires on November 30, 2004. The contract can be automatically renewed if both parties agree to the renewal and if Chief's notifies the City in writing 30 days in advance of the expiration of the contract that they wish to renew. 1026 Chief s Towing Contract Renewal - Chief s Towing, Inc. is located in the City of Bloomington and previously contracted with the City of Richfield for Public Safety towing services. Their performance during the contract period was satisfactory. They meet all requirements stated in the contract and currently tow for Bloomington Police. III. BASIS OF RECOMMENDATION • Chief's notified the City that they wish to renew the contract. • The Public Safety Department wishes to renew the contract with Chief's Towing, Inc. A. POLICY • Contracts for services need not be competitively bid. • The contract has numerous conditions that must be met. Chief's Towing, Inc. is a reputable, established towing business that meets all contract requirements. B. CRITICAL ISSUES • A six-month notice must be given by either party in writing to terminate the contract. • On December 1, 2004, Public Safety must have towing. services. This is particularly important with the possibility of snow emergencies occurring at any time. • Chief's is a large towing company that can handle the needs of Public Safety regarding seizure/impound vehicles and comply with City ordinances that a smaller company could not handle effectively. C. FINANCIAL • The current contract with Chief's reflects rates from 2004. Rates will increase 1.6 percent for the period December 1, 2004 -November 30, 2005. This is according to the Consumer Price Index as it relates to the Minneapolis/St. Paul metropolitan area. • There is adequate funding in the Public Safety budget to cover the increased costs. D. LEGAL • The City Attorney has reviewed and approved the past contract with Chief's Towing, Inc. IV. ALTERNATIVE RECOMMENDATION~S~ • Do not sign the contract. However, Public Safety must have towing and impound services beginning December 1, 2004. V. ATTACHMENTS - Towing contract for December 1, 2004 -November 30, 2005. • 2004 Specifications for Towing, Impounding and Storage of Motor Vehicles (Exhibit A). • Revised Proposal form indicating rate change for contract year beginning December 1, 2004 through November 30, 2005 (Exhibit B). VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None AGREEMENT BETWEEN THE CITY OF RICHFIELD AND CHIEF'S TOWING, INC. FOR TOWING, IMPOUNDING AND STORAGE OF MOTOR VEHICLES THIS AGREEMENT is made this 30th day of November, 2004, between the City of Richfield, a Minnesota municipal corporation located at 6700 Portland Avenue South, Richfield, Minnesota 55423 (hereinafter referred to as the "City"), and Chief's Towing, Inc., located at 8610 Harriet Avenue South (hereinafter referred to as the "Contractor"). WITNESSETH WHEREAS, the City has a need to contract for the towing, impounding and storage of motor vehicles; and WHEREAS, the City requires that the towing operators are located within three (3) miles of the City limits; and WHEREAS, the Contractor is the operator of a towing and storage facility within three (3) miles of the City limits and has the expertise and capabilifies to provide the required services; NOW THEREFORE, in consideration of the terms and conditions expressed herein, the parties agree as follows: TERM OF AGREEMENT The term of this Agreement shall be from December 1, 2004, to November 30, 2005, subject to termination as provided in Subdivision V. II. DUTIES OF CONTRACTOR A. The Contractor shall tow, impound, and store all motor vehicles, which are ordered removed under the direction of the police chief, or the fire chief,. of the City of Richfield or their authorized and legal representatives. The Contractor shall be entitled to a charge for its towing and storage services pursuant to those fees specified in the Contractor's Proposal (Exhibit B). It is r ~- agreed that neither the City nor the Richfield Police Department is responsible for any charges as a result of towing and/or storage, with the exception of those vehicles identified by the Police as subject to forfeiture, and that the Contractor assumes liability for any unpaid charges. B. The Contractor agrees to provide the services, as proposed, and perform all other terms and conditions according to the City's Specifications and the Contractor's Proposal, incorporated by reference herein as Exhibit A and Exhibit B. C. The Contractor shall defend, indemnify and hold harmless, the City of Richfield, its officials, employees and agents, from any and all claims, causes of action, lawsuits, damages, losses, or expenses, including attorney fees, arising out of or resulting from the Contractor's (including its officials, .agents or employees), performance of the duties required. under this Agreement, provided that any such claim, damages, loss or expense is attributable to bodily injury, sickness, diseases or death onto injury to or destruction of property including the loss of use resulting therefrom and is caused in whole or in part by any negligent act or omission or willful misconduct of Contractor. D. It is agreed that nothing herein contained is intended or should be construed in any manner as creating or establishing the relationship of copartners between the parties hereto or as constituting the Contractor's staff as the agents, representatives or employees of the City for any purpose in any manner whatsoever. The Contractor and its staff are to be and shall remain an independent contractor with respect to all services performed under this Agreement. The Contractor represents that it has, or will secure at its own expense, all personnel required in performing services under this Agreement. ,~. Any and all personnel of the Contractor or other persons, while engaged in E F the performance of any work or services required by the Contractor under this Agreement, shall have no contractual relationship with the City and shall not be considered employees of the City, and any and all claims that mayor might arise under the Workers' Compensation Act of the State of Minnesota on behalf of said personnel or other persons while so engaged, and any and all claims whatsoever on behalf of any such person or personnel arising out of employment or alleged employment including, without limitation, claims of discrimination against the Contractor, its officers, agents, contractors or employees shall in no way be the responsibility of the City; and the Contractor shall defend, indemnify and hold the City, its officers, agents and employees harmless from any and all such claims regardless of any determination of any pertinent tribunal, agency, board, commission or court. Such personnel or other persons shall not require nor be entitled to any compensation, rights or benefits of any kind whatsoever from the City, including, without limitation, tenure rights, medical and hospital care, sick and vacation leave, Workers' Compensation, Unemployment Compensation, disability, severance pay and PERA. The parties agree to comply with the Minnesota State Human Rights Act, Minnesota Statutes, Section 363. The Contractor agrees to maintain for the full term of this Agreement, the following minimum insurance coverage: a) $1,000,000.00 Comprehensive General Liability insurance, Business Auto Policy with $1,000,000.00 limits and Garage Keeper's Legal Liability. --3 b) Workers' Compensation insurance covering all employees of the Contractor, or his agents, in accordance with the Minnesota Workers' Compensation .Law. Certifications of insurance must be filed with the City and shall include a provision that states the insurance company shall give the City at least 25 days written notice prior to cancellation, non-renewal, or any material change in the policy. The Contractor further agrees to name the City of Richfield as additional insured on said comprehensive general liability policy. G. The Contractor agrees to furnish on or before the date this Agreement becomes effective, an acceptable corporate surety bond in the amount of $10,000, payable to the City of Richfield and subject to approval by the Richfield City Attorney, for the faithful performance of all duties and obligations imposed under the terms. and conditions of the Agreement. III. DUTIES OF THE CITY The City agrees to pay the Contractor the flat rate charge of $137.55 per vehicle for the towing and storage of vehicles identified by the Police Department as subject to forfeiture and which are subsequently released to the Police Department. IV. MISCELLANEOUS A. This agreement represents the entire Agreement between the Contractor and the City and supersedes and cancels any and all prior agreements or proposals, written or oral, between the parties relating to the subject matter hereof; and amendments, addenda, alterations, or modifications to the terms and conditions of this Agreement shall be in writing and signed by both parties. B. The Contractor agrees to comply with the Americans With Disabilities Act (ADA), Section 504 of the Rehabilitation Act of 1973, and not discriminate on the basis ~i t_ of disability in the admission or access to, or treatment of employment in its services, programs, or activities. The Contractor agrees to hold harmless and indemnify the City from costs, including but not limited to damages, attorney's fees and staff time, in any action or proceeding brought, alleging a violation of ADA and/or Section 504 caused by the Contractor. Upon request, accommodation will be provided to allow individuals with disabilities to participate in all services, programs and activities. The City has designated coordinators to facilitate compliance with the Americans with Disabilities Act of 1990, as required by Section 35.107 of the U.S. Department of Justice regulations, and to coordinate compliance with Section 504 of the Rehabilitation Act of 1973, as mandated by Section 8.53 of the U.S. Department of Housing and Urban Development regulations. C. The Contractor will comply with all applicable provisions of the Minnesota Government Data Practices Act, Chapter 13 of the Minnesota Statutes. The Contractor agrees to comply with all applicable local, state and federal laws, rules and regulations in the performance of the duties of this contract.. D. This Agreement shall not be assignable except at the written consent of the City. E. The books, records, documents, and accounting procedures of the Contractor, relevant to this Agreement, are subject to examination by the City, and either the legislative or state auditor as appropriate, pursuant to Minnesota Statutes, Section 168.06, Subdivision 4. F. The City and the Contractor agree to submit all claims, disputes and other matters in question between the parties arising out of or relating to this Agreement to mediation. The mediation shall be conducted through the Mediation Center, 1821 University Avenue, St. Paul, Minnesota. The parties +~ ~ ~ hereto shall decide whether mediation shall be binding or non-binding. If the parties cannot reach agreement, mediation shall be non-binding. In the event mediation is unsuccessful, either party may exercise its legal or equitable remedies and commence such action prior to the expiration of the applicable statute of limitations. V. TERMINATION Either party may terminate this Agreement for any reason upon giving six (6) months advanced written notice to the other party. IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be executed the day and year first above written. DATED: CITY OF RICHFIELD BY: DATED: DATED: Its Mayor BY: Its Manager CHIEF'S TOWING, INC. BY: Its: ~~ EXHIBIT A 2004 SPECIFICATIONS TOWING, IMPOUNDING AND STORAGE OF MOTOR VEHICLES GENERAL' It is the intent and purpose of these specifications to specify and detail the requirements for the Towing, Impounding and Storage of Motor Vehicles for the City of Richfield 24 hours per day, 365 days per year, on an as needed and directed basis. Such direction is to be by the Chief of Police, the Fire Chief, or their authorized and legal representatives. The contract for service shall commence on December 1, 2004 and terminate on November 30, 2005. The City reserves the right to extend the contract for additional (1) one year periods if such an extension is permitted by the Contractor, the standard of service is satisfactory, and, has the approval of the Richfield City Council At the time of contract extension, the contractor may request a .price increase for all categories to be effective during the contract extension period. Any requested increase shall not exceed the Consumer Price Index for the Minneapolis/St Paul urban area and have the approval of the Richfield City Council. Application for extension and price increases or decreases shall be initiated by the performing contractor, must be submitted in writing and be in the. hands of the proper Director of Public Safety at least sixty (60) days prior to the date of contract expiration. All of the towing, impounding and storage of motor vehicles under this contract shall be in accordance with Minnesota Chapter 1686 and any section of the Richfield City Code related thereto. SPECIAL PROVISIONS: 1. The contractor must own or have direct access to satisfactory equipment and trained, available personnel, in order to provide immediate and prompt service as ordered and requested by the authorized City officials. 2. The contractor must own or have available within (3) miles of Richfield's city limits the following equipment as a minimum: A. Two trucks having a manufacturer's gross vehicle weight rating of 4 ton or more, to be equipped with a crane and winch, and further equipped to control the movement of the towed vehicle, and B. Equipment sufficient and designed to move a completely demolished vehicle by means of dollies or low-bed trailers. A listing of all equipment to be utilized shall be submitted to the City. Such listing shall show the make and model of all equipment available for use .under this . ~ -- contract, along with size and all other pertinent information, such as specialized equipment not necessarily herein specified, but which may be a factor in performing effectively and efficiently. All equipment to be used by the contractor under this contract shall be maintained in good repair and condition. The City reserves the right to inspect the equipment from time to time for the purpose of determining that equipment condition is in conformance with the terms and conditions of the specifications and the contract. 3. All storage and parking lot facilities and all equipment to be used by the contractor under this contract must be located within (3) miles of Richfield's city limits. The storage and .parking lot facilities must meet all of the applicable State building code standard and municipal license and zoning requirements, including those relating to screening and landscaping of the City in which the facility is located. 4. The facilities proposed to be utilized under this contract must have the capability of storing a minimum of one (1) vehicle inside and a further capability of providing storage for a minimum of (25) twenty-five vehicles outside. Inside storage will be necessary only when so requested or directed by an authorized official of the City of Richfield as identified in these specifications. When a direction is given to store a unit inside, such directions may be accompanied by certain instructions for security measures to be employed. The security responsibilities become the responsibility of the storing agent while the unit is in their keeping. 5. The Contractor performing under this contract shall assume all and full responsibility for the conduct of his/her employees. The Contractor guarantees that all of the employees performing under this contract will be adequately trained in their profession, will respond promptly to all calls, will provide safe and adequate equipment (as herein specified), be clean and neat in appearance, use decent language, free of profanity, .and treat the public courteously at all times. Request for service from the Richfield Police Department must be given priority by all dispatchers. Failing to meet any or all of-the requirements of this .section may result in cause for terminating the contract at any time as per the conditions specified for contract termination. 6. The Contractor will be'solely responsible for loss or damage to any vehicle, including all equipment and contents, from the time direction is given by the authorized City representative turning the vehicle over to the Contractor or his Agency and until such time as the vehicle is legally released to the registered or actual owner or legal agent thereof. 7. The performing contractor must agree to maintain proper records of all vehicles received. The record keeping system shall meet the approval of the Richfield Public Safety Director and records are to be available at all times for inspection by authorized City officials. The records must include a copy of the police impounding report. A report shall be submitted monthly to the Richfield Public Safety Director detailing all .vehicles stored or released during that current month. All contents of such reports shall meet the approval of the Richfield Public Safety Director. _ ~~ 8. All vehicles towed or impounded are to be released only upon proper authority of the Richfield Public Safety Director, except for private tows. 9. While pertorming under this contract and under these specifications, the Contractor or their designated representative(s) must be present at the storage facility six (6) days a week, Monday through Saturday, between the hours of 8:00 a.m. and 6:00 p.m. (excluding legal holidays) and from 12:00 p.m. (noon) to 1:00 p.m. each Sunday and all legal holidays, for the purpose of releasing vehicles to authorized claimants. Police requested releases will be handled anytime. 10. It shall be agreed under this contract that motor vehicles will not be driven at anytime during the towing procedure. In the event that the vehicle is without tires or has flat tires, the performing Contractor agrees to tow the vehicle without damaging the wheels and further agrees not to tow any vehicle on its rims, on wheels without tires, or on flat tires. 11. Upon arrival at the scene of a tow where a vehicle accident has occurred, the performing Contractor, in addition to the physical removal of the. vehicle, assumes full responsibility for removing any vehicular parts or other debris, .excluding liquids and other commercial cargo, resulting from the accident. This clean-up is to be completed without any additional compensation. 12. The performing Contractor shall be entitled to a charge for his/her towing and storage services pursuant to the fees submitted in the accompanying bid .proposal. The Contractor shall agree that neither the City nor any Department thereof is responsible for any charges as a result of towing and/or .storage and that the Contractor assumes all liability for any and all unpaid charges.. NOTE: .This Provision and these Specifications are in no way a law or regulation relating to "price, route, or service of any motor carrier with respect to the transportation of property," under 49 U.S.C. Sec. 14501(c)(1)(1997). 13. If an involved private owner/operator makes a timely request fora tow by other than our Contractor, such request shall be honored by the Police Department. In either instance, the owner/operator is solely responsible for all associated charges. 14. For vehicles identified by the Police Department as subject to forfeiture, and subsequently released to the. Police Department pending the outcome of forfeiture proceedings, the performing contractor shall indicate a flat rate charge per forfeited vehicle. The flat rate shall include the towing, storage on the date of the tow, and three days of storage after the date of the tow. The flat rate applies to all cars, vans, small trucks, 4-wheel drive vehicles, utility vehicles, and motorcycles identified by the Police Department as subject to forfeiture- to the City. 15. Should the Contractor fail to appear at a designated tow point within twenty (20) minutes after receiving a call for a tow, the City reserves the right to call another towing service to perform the work. If the Contractor is called and is unable to respond due to conditions beyond their control, the authorized City officials shall be immediately so informed, and the right is hereby reserved to call another service to perform the work. -3- If, at any time, it becomes necessary for the City. to request the services of another towing service for the reasons detailed above, the City retains the right to hold the Contractor retained under this contract responsible for any additional charges over and above the fee schedule recorded in this bid proposal. Such charges shall be assessed only if the response time is due to negligence or laxity on the part of the contractor, which negligence might include equipment failure. 16. The Contractor performing under this contract shall operate and maintain its parking and storage facility in compliance with the terms of this contract and all State and City applicable laws, ordinances, and rules and regulations that are presently in effect, or which may hereafter be adopted. 17. No alterations or modifications of the terms of this contract shall be valid unless made in writing and signed by authorized representatives of both parties hereto. 18. In the event of a breach by the Contractor of any terms or conditions of this agreement, the City shall have, in addition to any other legal recourse, the right to terminate this agreement forthwith. 19. Either party may terminate this contract upon the serving of such termination notice to the other, in writing, (6) six months prior to the intended termination date. 20.A copy of this contract, along with the authorized fee schedule, shall be posted in a conspicuous place in the Contractor's place of business. INSURANCE: The successful Contractor shall not commence work under this contract until the specified insurance coverages have been obtained. The Contractor shall file, with the Richfield City Clerk, all certificates of insurance or documentation thereof indicating that all specified insurance have been obtained and are in full force. The City of Richfield shall be named as an additional insured on said comprehensive general liability policy. The following coverages are required as minimums: 1. Public Liability Insurance: $1,000,000 Comprehensive General Liability (including. assault and battery). 2. Business Auto Policy with all coverages (all vehicles), with $1,000,000 limits. 3. Garage Keepers' Legal Liability. 4: Workers' Compensation Insurance covering all employees of the Contractor, or his agents, working under this contract in accordance with the Minnesota Workers Compensation Law. The Contractor shall agree to provide to the Richfield City Clerk, 25 days prior written notice in the event any policy is canceled or a material change is effected and each policy . L~ must contain a provision that the insurer notify the Richfield City Clerk immediately if a policy is canceled or a material change has been effected. PERFORMANCE BOND: On or. before the date that the contract between the City and the Towing service becomes effective, the Contractor shall file with the Richfield City Clerk an acceptable Corporate surety bond in the amount of $10,000, payable to the City of Richfield and subject to the approval by the Richfield City Attorney for the faithful performance of all duties and obligations imposed under the terms and conditions of the contract. ~. J EXHIBIT B REVISED PROPOSAL FORM CITY OF RICHFIELD, MN PROPOSAL FOR TOWING, IMPOUN DING AND STORAGE OF VEHICLES TO THE CITY COUNCI L, CITY OF RICHFIELD CONSUMER PRICE INDEX INCREASE 12/1/2003 12 MONTHS 1211/2004 THROUGH ENDING 6/30!03 THROUGH 11/30/2004 1.6% 11/30/2005** Towing of impounded cars, trucks (under 1-1/2 ton capacity), motorcycles, all-terrain vehicles, snowmobiles and unattended utility trailers towed from within - the City of Richfield $65.10 $1.05 $66.15* Towing charge for same from Outside the City of Richfield $65.10 $1.05 $66.15* Mileage charge for same $2.20 $.04 $2.25' Towing of trucks (larger than 1 ton capacity) within the City of Richfield $108.50 $1.74 $110.25* Towing charge for same outside the City of Richfield $108..50. $1.74 $110.25* Mileage charge for same $3.00 $.05 $3.05* USE OF WINCH WITH TOW Car (Per hour maximum of $64.75) $16.25 $.26 $16.50* Truck (Per hour maximum of $106.90) $27.15 $.43 $27.60* Use of Dolly $16.25 $.26 $16.50* Use of low-bed trailer or truck $81.40 $1.30 $82.70* (Flatbed Required} Storage Charges First 24 hours or fraction thereof: A. Inside Storage $29.30 $.47 $29.75* B. Outside Storage $21.70 $.35 $22.05* Each Additional 24 Hours or Fraction Thereof: A. Inside Storage $29.30 $.47 $29.75* B. Outside Storage $21.70 $.35 $22.05* Forfeitures Vehicles forfeited to the City of $135.40 $2.17 - $137.55* Richfield '`Cents are rounded 1026 Chiefs Towing Contract Renewal AGENDA SECTION: (:onsent AGENDA ITEM # 4D REPORT # 175 J STAFF REPORT CITY COUNCIL MEETING OCTOBER 26, 2004 Related to: CITY COUNCIL ~.TOAL(S) NO REPORT PREPARED BY: COUNCIL PRESENTER: 33, 36, Arco/oR RICxF'IELD 2020 GOAL(S) NO 40 JOHN STARK, ASST. DIRECTOR OF COMMUNITY DEVELOPMENT NAME, TITLE DEPARTMENT DIRECTOR ry REVIEW : ~:J REVIEWED BY CITY MANAGER. 2, 3, 7, 9, 19, 25, 30, ITEM FOR COUNCIL CONSIDERATION: Consideration of a motion supporting the Cedar Corridor Plan. I. RECOMMENDED ACTION: Ado t a motion in su ort of the Cedar Corridor Ptan. II. BACKGROUND ~ • As part of the Minneapolis/St. Paul International Airports' expansion, a new "north-south" runway has been constructed and will become operational in the fall of 2005. • Concerned with the possible negative impacts of this new runway approximately 1200 feet from then-existing residential areas, the City of Richfield and the Metropolitan Airports Commission (MAC) commissioned a study to identify those impacts. 1026 Cedar Plan • The study, entitled Findings of the Low Frequency Noise Expert Panel, identified an area in Richfield where the "low frequency noise" would exceed 87db of volume. • At this volume of low frequency noise, the study concluded that negative impacts such as "rattle" would occur at unacceptable levels and that noise insulation would not be fully adequate nor would it be economically feasible. • As a result, it was determined that Richfield needed to redevelop the area contained within the "low frequency noise impact area." • Staff, therefore, has been conducting redevelopment plans for the area with the help of planning and architecture consulting firms. • First, in 1999, the firm RLK-Kuusisto drafted a plan for the redevelopment of the entire east-end of Richfield, between Bloomington Avenue and TH77. • Since 1999, the area being considered for redevelopment has been reduced because of further information on the extent of low frequency noise impacts and the available funding to mitigate those impacts. • In February 2004, JLG Architects was hired by the Housing and Redevelopment Authority (HRA) to complete a revised plan for this reduced redevelopment area. JLG has since drafted a plan for the low frequency noise area. • In order to complete a plan that would be widely accepted and would reflect the vision of the community, JLG. relied heavily on active participation from residents. • Three neighborhood open houses were held (on March 21, 2004, May 12, 2004 and September 23, 2004) at which there were many opportunities for members of the community to provide their input into the plan. • The neighborhood open houses were well attended (the average attendance was 100 residents) and featured some very lively discussion and creative ways for citizens to illustrate their desires for the future of the area. • The community input process also included Richfield's policymakers; with concurrent study session of the HRA, City Council and Planning Commission on March 15 and September 28, 2004. (The Plan document submitted with this report contains the details of the concepts presented on September 28, 2004.) • JLG also wanted to make sure that the vision of Richfield's residents and policymakers could be implemented, so they held meetings with seven area developers to make sure that the plan was a practical one. • The Cedar Corridor Plan is now complete and can serve as a valuable tool to staff in seeking, and: to the HRA and City Council in considering, development proposals that achieve or exceed the vision of the community for the area. • The overall timeline for the implementation of the entire plan is 12 - 15 years, but it is anticipated that the first of the four identified phasing areas could be completed within two-three years and that the second phase could be well underway within three or four years. (Kensington Park is developed on a site within the old ILN. The site was identified for redevelopment in 1985.) • The biggest challenge to implementation will be the identification of financial resources to help bring site assembly costs to a level that the real estate market will bear. III. BASIS OF RECOMMENDATION A. POLICY • Based on the results of professional noise studies, the City of Richfield has recognized that there will be an area, termed the "low frequency noise impact area," where aircraft noise will exceed the tolerances of existing homes once the new "north-south" runway becomes operational. • In 1999, a plan for the area was completed by the firm RLK-Kuusisto for the area from Crosstown Highway 62 to 77th Street, east of Bloomington Avenue in Richfield. • Since 1999, subsequent findings of noise experts modestly scaled back the extent of the "low frequency noise area." • In order to reflect the revised "low frequency noise area," and to better reflect market demand, a need was identified for a revised redevelopment plan for the area. • On February 17, 2004 the Richfield HRA hired JLG Architects, Inc., to complete a new plan for the redevelopment of the Cedar Avenue Corridor. • After much community and developer input, JLG Architects, Inc. has completed the Cedar Avenue Corridor Plan. B. CRITICAL ISSUES • The Richfield HRA adopted a motion supporting the Cedar Corridor Plan at its October 18 meeting and the Planning Commission will be considering a. motion supporting the Plan at their October 25 meeting. • City Council support of the plan is a critical demonstration of community support for the plan. C. FINANCIAL • All costs for JLG's plan for the Cedar Avenue Corridor were paid by the Richfield HRA. D. LEGAL • N/A ~ IV. ALTERNATIVE RECOMMENDATION(S) ~ • Continue the consideration of the Cedar Corridor Plan in order to further review the plan or to provide suggested changes to the plan. • Do not make a motion supporting the Cedar Corridor Plan. I V . ATTACHMENTS • Cedar Corridor Plan (the attachment will only be included for City Council Members and candidates at this time). There is a public/press copy available for viewing at City Hall. Copies have already been distributed to HRA Commissioners. ~ Vl. PRINCIPAL PARTIES EXPECTED AT MEETING ~ AGENDA SECTION: Consent AGENDA ITEM # 4C REPORT # 174 STAFF REPORT ~, CITY COUNCIL MEETING OCTOBER 26, 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 RICK REGNIER, CHIEF BUILDING OFFICIAL NAME, TITLE ITEM FOR COUNCIL CONSIDERATION: Consideration of property creating hazardous condition and ordering abatement of the ro ert . I. RECOMMENDED ACTION: By Motion: Approve the attached .resolution authorizing the City Attorney to order the abatement of conditions creating a hazardous pro ert at 6405 Vincent Avenue. II. BACKGROUND Staff has reviewed the conditions at 6405 Vincent Avenue South, which is a single family home, and finds that the property is hazardous. The conditions causing the property to be hazardous are: inadequate maintenance, dilapidation and unsanitary conditions. The property has been vacant for more than one year and has been deemed uninhabitable and placarded on April 26, 2004 by the City Building Official pursuant 1026 Resolution Ordering Abatement of Hazardous Property to State Building Code Section 1300.0180. Staff believes the property poses a serious threat to the public health and safety and must be demolished to abate the hazardous condition. There are large holes on the east and south sides and neighbors have witnessed raccoons and cats entering the property through the various holes. The roof has a deteriorated structure, open holes -and the plaster ceilings have collapsed from extreme water damage caused by the failed roof. Attached are pictures of the home. These pictures were taken prior to staff having the home boarded up to keep the animals out. The owner, who resides in Edina, was given a deadline of June 4, 2004 to make necessary repairs to the property. He has taken no steps to abate the hazardous conditions as of this date. Council approval of the attached resolution authorizes the City Attorney to issue the attached Order for Abatement of Hazardous Property (Exhibit A). III. BASIS OF RECOMMENDATION A. POLICY • Minnesota Statutes, Section 463.16, authorizes the governing body of any city or town to order the owner of any hazardous property within the municipality to .correct or remove the hazardous condition. • Minnesota Statutes, Section 463.161 authorizes the City to correct or remove a hazardous condition of any hazardous property if the owner of record fails to do so after a reasonable time, and the district court enters a Judgment sustaining the City's Order (attached Exhibit A). B. CRITICAL ISSUES • The Order for Abatement of Hazardous Property gives the property owner 20 days after receipt of the Order to correct all violations of the City Building Code currently existing at the property by repair or demolition and removal of all debris. C. FINANCIAL • If the City has to take any corrective action, all necessary costs incurred by the City in the corrective action will be assessed against the property, pursuant to Minnesota Statutes, Section 463.21. This includes filing fees, service fees,. publication fees, attorneys' fees, appraisers, witness fees, including expert witness fees and traveling expenses incurred by the City from the time the Order was made, pursuant to Minnesota Statutes, Section 463.22. D. LEGAL • City Attorneys have reviewed and prepared the Resolution and the Order for Abatement. IV. ALTERNATIVE RECOMMENDATION(S~ • To do nothing about the property will allow an unsafe and dangerous building to exist in the City. V. ATTACHMENTS • Resolution ordering the Abatement of Conditions. • Order for Abatement of Hazardous Property. • Pictures of the property prior to boarding up. VI. PRINCIPAL PARTIES EXPECTED AT MEETING • Owner, Phil Wold, will possibly attend. Will be notified of the Council meeting to discuss his property. RESOLUTION NO. RESOLUTION ORDERING THE ABATEMENT OF CONDITIONS CREATING A HAZARDOUS PROPERTY AT 6405 VINCENT AVENUE WHEREAS, the real estate at 6405 Vincent Avenue South, legally described as Lot 17, Block 1 RGT Richfield Gardens contains a single family home ("Subject Property"); and WHEREAS, the Subject Property is hazardous because of inadequate maintenance, dilapidation, and unsanitary conditions; and WHEREAS, the Subject Property's roof has a deteriorated structure, open holes and the plaster ceilings have collapsed from extreme water damage caused by the failed roof; and WHEREAS, the Subject Property's south exterior wall has a large hole in it; and WHEREAS, the Subject Property's soffets have large holes on the east and south sides; and WHEREAS, neighbors have .witnessed raccoons .and cats entering the Subject Property through the various holes; and WHEREAS, there is visible mold on the basement walls and is likely present in other areas of the Subject Property; and WHEREAS, the Subject Property has been vacant for more than one year; and WHEREAS, the Subject Property has been deemed uninhabitable and was placarded on April 26, 2004 by City Building Official Rick Regnier pursuant to State Building Code section 1300.0180; and WHEREAS, the City Building Official believes the Subject Property poses a serious threat to the public health and safety and must be demolished to abate the hazardous condition; and WHEREAS, the owner of the Subject Property, Phil Wold, who resides in Edina, Minnesota, was given a deadline of June 4, 2004 to make necessary repairs to the Subject Property; and 1 WHEREAS, Phil Wold has taken no steps to abate the hazardous conditions on the Subject Property; and WHEREAS, Minnesota Statutes, Section 463.16 authorizes the governing body of any city or town to order the owner of any hazardous property within the municipality to correct or remove the hazardous condition; and WHEREAS, Minnesota Statutes, Section 463.15 subd. 3 defines a "hazardous property" as "any... property, which because of inadequate maintenance, dilapidation, physical damages, unsanitary condition, or abandonment, constitutes a fire hazard. or a hazard to public safety or health"; and WHEREAS, Minnesota Statutes, Section 463.161 et seq. authorizes the City to correct or remove a hazardous condition of any hazardous property if the owner of record fails to do so after a reasonable time and the district court enters a Judgment sustaining the City's Order (attached as Exhibit A); NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield as follows: 1. The Subject Property is a Hazardous Property as defined by Minnesota Statutes Section 463.15; 2. An Abatement Order substantially. similar to that attached hereto as Exhibit A shall be served upon all required parties in order to effectuate this Resolution; 3. The City Attorney is authorized to take all necessary legal steps to secure compliance with the Order and to obtain authority to remove the hazardous conditions on the Subject Property by court order or consent and assess the costs against the Subject Property. Adopted by the City Council of the City of .Richfield this 26th day of October, 2004. - Martin J. Kirsch, Mayor ATTEST: ~- . Nancy Gibbs, City Clerk 2 EXHIBIT A STATE OF MINNESOTA COUNTY OF HENNEPIN In the Matter of the Hazardous Property Located at 6405 Vincent Avenue in the City of Richfield, Minnesota TO: PHIL WOLD, OWNER OF RECORD. Case Type: Other Civil DISTRICT COURT FOURTH JUDICIAL DISTRICT Court File No. ORDER FOR ABATEMENT OF HAZARDOUS PROPERTY The City Council of the City of Richfield orders that within twenty (20) days of service of this Order you abate the conditions as described. below which exist on property located at 6405 Vincent Avenue South in the City of Richfield ("Subject Property"), which property is legally described as: Lot 17, Block 1 RGT Richfield Gardens. The City of Richfield, pursuant to Minnesota Statutes, Sections 463.15 et. Seq., and based on the authorization of Resolution No. - , .adopted on October 26, 2004, which is hereby incorporated by reference and attached hereto as Exhibit A, and all prior findings, conclusions, and determinations referenced. in Resolution No. finds that the above-referenced property constitutes a "hazardous property" within the meaning of Minnesota Statutes, Section 463.15, subd. 3. Pursuant to the above-referenced statutes, it is .hereby .ORDERED that within ~; twenty (20) days of service of this Order you must correct all violations of the City 1 Building Code currently existing at the Subject Property by repair or by demolition and removal of all debris. You are further advised that unless such corrective action is completed or an Answer is served on -the City and filed with the Hennepin County District Court Administrator within twenty (20) days of the date of service of this Order upon you, a motion for summary enforcement of this Order will be made to the Hennepin County District Court. You are further advised that if you do not comply with this Order and the City is compelled to take any corrective action, all necessary costs incurred by the City in the corrective action will be assessed against the property pursuant to Minnesota Statutes, Section 463.21. In connection thereto, the City intends to recover all its expenses incurred in carrying out this Order, including specifically but not exclusively, filing fees, service fees, publication fees, attorneys' fees, appraisers fees, witness fees, including expert witness fees and traveling expenses incurred by the City from the time this Order was originally made pursuant to Minnesota Statutes, Section 463.22. Dated: October 26, 2004 KENNEDY & GRAVEN CHARTERED By: Bryan D. Shirley, 312964 470 Pillsbury Center 200 South Sixth Street Minneapolis, MN 55402 (612) 337-9300 ATTORNEYS FOR THE CITY OF RICHFIELD 2 AGENDA SECTION: Consent AGENDA ITEM # LEB REPORT# j73 STAFF REPORT CITY COUNCIL MEETING OCTOBER 26, 2004 Related to: CITY COUNCIL GOAL(S) No. 1 AND/oR RICHFIELD 2020 GOAL(S) NO N/A REPORT PREPARED BY: RANDY HUGHES, OPERATIONS SUPERINTENDENT NAME, TITLE COUNCIL PRESENTER: DEPARTMENT DIRECTOR REVIEW: REVIEWED BY CITY MANAGER: r~' ~j~F' ~/ SIGNATURE ITEM FOR COUNCIL CONSIDERATION: Consideration of the attached resolution establishing procedures for deferment of special assessments. I. RECOMMENDED ACTION: By Motion: Approve a resolution establishing procedures for deferment of special assessments against owner occupied homestead properties in hardship cases for qualif in homeowners. II. BACKGROUND • The increasingly high cost of removing diseased elm trees from private property prompted some residents to inquire about programs the City might offer to help homeowners with the cost of this nuisance abatement. • Presently the City allows residents to assess these costs and spread them over three years on their taxes. • At the July 27, 2004 Council Meeting, the City Council expressed concern for residents on fixed incomes and their ability to pay these costs. 1026assessdeferrment Staff discussed the option of deferring assessments for residents over 65 or persons permanently disabled. Staff believes the current policy adopted by Resolution No. 7310 dealing with deferment of special assessments should be updated primarily because it is too restrictive as far as qualifying income criteria. III. BASIS OF RECOMMENDATION A. POLICY • Under Resolution 7310, a qualifying hardship shall be deemed to exist if the owner of the homestead property and other occupants of the homestead taken together have a gross income of less than $13,500 in the previous calendar year. B. CRITICAL ISSUES • Under the new resolution, City Council may defer the payment of all or a portion of certified special assessments by property owners who are at least 65 years of age or older or who are retired due to permanently and total disability and whose household has a gross income of less than $26,850. • Deferring assessments may be the only means for some residents on fixed incomes to pay these high costs. • The City Attorney believes this resolution is more flexible than the City's present resolution. • Some provisions in the policy are mandatory under State law, but Council has discretion to change many of the provisions. C. FINANCIAL • Staff does not expect enough people to take advantage of this process to affect the City's financial status.. D. LEGAL • The City Attorney drafted the new hardship deferment policy (Exhibit A) for the City. ALTERNATIVE RECOMMENDATION(S) • Council has the flexibility in determining what constitutes a financial hardship and can change those criteria. • Council may increase, decrease or eliminate the 1.5 percent cap on assessments eligible for deferment. • Council may modify the timelines for processing an application -there are no timelines in the State Statute. • Council can remove the City Manager's authority to grant deferments and review all requests itself. ~ V. ATTACHMENTS ~ • Kesolution anq t • Resolution 7310 • Income charts ~ VI. PRINCIPAL PARTIES EXPECTED AT MEETING ~ • None RESOLUTION NO. RESOLUTION ESTABLISHING PROCEDURES FOR DEFERMENT OF SPECIAL ASSESSMENTS AGAINST OWNER-OCCUPIED HOMESTEAD PROPERTIES IN HARDSHIP CASES FOR QUALIFYING OWNERS WHEREAS, under Minnesota law, cities are authorized to defer the payment of special assessments for any homestead property owned by a person 65 years of age or older or retired by virtue of a permanent and total disability for whom it would be a hardship to make the assessment payments; and WHEREAS, Minnesota Statutes 435.193 requires that any City desiring to defer special assessments in such instances must establish, by ordinance or resolution, standards and guidelines for determining the existence of a hardship and for determining the existence of a disability. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield as follows: 1. The City of Richfield hereby adopts a policy, as set forth in the attached Exhibit A to this resolution, to consider requests for the deferment of special assessments upon homestead properties owned by persons 65 years of age or older or retired by virtue of a permanent total disability, for whom it would be a hardship to make payments of special assessments. 2. The policy previously adopted by Resolution No. 7310 is hereby rescinded and superseded by the policy as set forth in the attached Exhibit A. Adopted by the City Council of the City of Richfield, Minnesota this 26th day of October, 2004. Martin J. Kirsch, Mayor ATTEST: Nancy Gibbs, City Clerk Exhibit A POLICY FOR DEFERMENT OF ASSESSMENTS BASED ON HARDSHIP AND AGE OR DISABILITY The City of Richfield hereby establishes a program to defer all or a portion of the special assessments of qualifying persons under the provisions of Minnesota Statutes 435.193 through 435.195. Under the program, the City Council may defer the payment of all or a portion of certified special assessments by property owners who are at least 65 years of age or older or who are retired due to permanent and total disability and whose households meet certain financial characteristics. A. Eli ibili The property upon which the assessment is deferred must be classified as homestead in the records of the Hennepin County Property Tax Division. 2. The property must be owned by a person: a. Who is at least 65 years of age on January 1st of the year in which payment of the first installment of the subject assessment levy is due; or b. Who is retired due to permanent and total disability. For purposes of this policy, "permanent and total disability" means a condition that is permanent by nature and that totally incapacitates the person from working at an occupation that would generate income to the person. 3. The applicant must have a "financial hardship" defined as: a. An annual income for the applicant's household size which is at or below the "Very Low Income" limit established annually by HUD for the Minneapolis and St. Paul Metropolitan Area; and b. The aggregate total of special assessment installments from previously-existing special assessment levies plus the first. year of the current levy will exceed 1.5 percent of the applicant's annual income. B. Calculation of Amount to be Deferred The portion of the current levy eligible for deferment is that portion of the levy against the applicant's property which requires a first year installment payment which, when added to the applicant's annual payments from previously existing special assessment levies, would result in an aggregate. total of special assessment installments totaling more than 1.5 percent of the applicant's annual household, income. The portion of the current levy which can be paid without aggregating total installments above 1.5 percent of the applicant's annual household income may not be deferred. 2. Special assessments levied due to the applicant's failure-to-pay charges for City services or failure to comply to City codes (e.g., delinquent utility assessments, assessments .for weed removals, assessments for nuisance abatement, etc.) will not be deferred, and installment payments for existing levies for such services will not be included in calculating the maximum 1.5 percent aggregate payment defined in paragraph B.1. above. C. Interest. Simple interest at the rate of that particular assessment levy will be added to the deferred assessment, calculated from the date interest started to accrue on the original levy (usually the October 1 immediately following the certification date) to the date of payment of the deferred portion of the assessment. D. Termination. The option to defer the payment of special assessments will terminate and all amounts accumulated, plus applicable interest, shall become due upon the occurrence of any of the following events: 1. The death of the owner, provided that the spouse is otherwise not eligible for the benefits. 2. The sale, transfer, or subdivision of the property or any part thereof. 3. If the property should for any reason lose its homestead status. 4. The City Council determines that a hardship no longer exists. E. Application and Approval Process. 1. Application for deferral of payment of special assessments must be made on forms prescribed by the Hennepin County Auditor. The applicant must also . provide such supplementary documentation as may be required to establish the following: a. The legal description and tax parcel number of the property. b. The street address of the property. c. The status of the homestead classification for the property. d. The description or designation of the local improvement for which assessments are to be or have been levied. e. The name of the homestead owner-occupant. f. The age or disability status of the applicant. g. The applicant's annual household income. 2. Within 30 days after the application is filed with the City manager, the City Manager should review the application for conformance to the standards and guidelines prescribed above and either grant or deny the application. The City Manager must notify the applicant in writing of the City Manager's decision. If in the judgment of the City Manager exceptional or unusual circumstances exist that are not covered by the standards and guidelines, the City Manager may report to the City Council within 30 days after the application is made, along with a recommendation as to whether the application should be granted or denied. 3. If the City Manager denies an application, the applicant has the, right to have the City Council consider the application. The applicant must request. City Council review within 20 days after the mailing date of the City Manager's notice of decision. 4. When the City Council considers an application, the Council will grant or deny the application by resolution, based on the standards and guidelines set forth above. The City Council also may grant a deferment if it determines that a hardship exists on the basis of exceptional and unusual circumstances not covered by the standards and guidelines set forth above, provided that the determination is made in a nondiscriminatory manner and does not give the applicant an unreasonable preference or advantage over other applicants. The City Council's decision to grant or deny an application is final. 5. At any time while a special assessment remains deferred and unpaid, the City Manager may request the applicant to provide current and updated information as set forth at paragraph E.1. above, so that the City Manager may verify and determine whether eligibility for the deferral has ended. This policy is adopted by Resolution No. ,approved by the Richfield City Council on October 26, 2004. 3 . ~ ~~ ~ . . ~ =~ESOLUTTON N0. 7310 ~ RESOLUTION ESTABLISHING PRCCEDURz,S rOR DEFERMENT OF SPECIAL J As5ESS:iENTS AG~.INST OWNER-L~CCUPZED xOMESxEAa PRC7PERTIES OF PERSONS OVEk2 SIXTY-FIVE YEARS OF AGE OR PERSONS PERMANENTLY AND 'T`OTALLY DISABLED /.. BE IT RE50L'JEA by the City Council of the City of Richfield, Minnesota as follows: 1. Zt zs the policy of the city to consider requests.for the de.Eermr?nt of special assessmcnta upan homestead p7COpeztieS owned by persons 6~-ears of age or older_.or bX persons retired by virtue of a perrrtanent total ~ disability fa.r whom it would be a ~iardship tt ~ ma;ee--paq:~tents~of~-cuc~Yi~°:speci~~'~ assessments.. Permanent and total disability for the purpose of this section means a condition which is permanent by nature and totally incapacitates the person from woz;ting at an occupation which brings him an income. In the adoption of such policy and the procedures established by this resolution. the city is acting pursuant to authority granted by Minnesota Statutes, Sections 435.193 to 435.195. 2. 3~ qualifying hardship shall be owner of the homestead property and ether homestead, taken together 4a) had a e~ross $13,5.0 in the pxevious calendar year and estimated income far the current calendar years which will not exceed said sum. Seemed to exist if the occupants of the income of less than (b) will Dave an year. and subsequent 3. Ap~alication for deferral of payment of special assessments shall k+e made or, forms prescribed by the county auditor. The hums owner shall furn~.sh .the city .with such in£ormativn as it may require at the time of the original application and at sny time thereafter whale the special assessment remains unpaid, which wi12 permit the city to establish, verify or continue the deferral of special assessments or to rleterrninp whether eligibility for such deferral has ended. 4. Ynterest on deferred special .assessments shall accrue until thr? s;~+~aiai asocssment is paid, at the rate e~,tabli5hed by the city at the t?me of levying the special ~.s3PSS~-e:~t. ~~. ~l'f°:Q citytnan<.;^r oZ h2,5 designee shall examine all app3,icatiaas for determination of his/her eligibiJ.ity for deferral of payment of special assessments ta) in compliance with said st.~tutg and (b} in accordance with the standards and guidelines fur determining hardships contained in this zesolution ar any svbsaquert amendment thereof. 6. No deferment of payment of a special assessment shall be made unless the owner .furnishes the city with an application and such sulsplementary documcntati.vn anc3 verification a5 may be required to establish the following; 1. ~'hp .legal description, plc;: and paxcel number of the property; 2. :'he street address of the property; r A i r' t . a,;q, U7' i ~ 3. Its status as h~u~estead property; 4. The description or designation of the Iocal 1mpr4v~RleClt ~ 5. The Warne of the homestead owner-occupant; 6. That said owner-occupant is over 55 years of age or aezmanently and totally disabled; 7. That payment.of the special assessment on the ordinary time basis would be hardship as defined herein. 7. Within 30 days after the filing of said application for defeimenc of special assessments, the city manager shall review the application for consistency with and conformance to, the council prescribed standards and guidelines; and then either grant or deny the application. xn the event of the existence of exceptional or unusual circumstances riot covered by the standards and quidelires, the city manager sha11 make a full report to the city council within 30 days of the filing of said application a?ong with a recommendation as to whether said application should be granted or denied. In the event of the denial of the application by the city manager, any applicant shall have 'the right to have the application. considered by the city council. zn those instances where the City council considers an application, it shall, by resolution, either grant ar deny the application; and the decision of the city council shall be final. .The city manager shall report to the city council an a quarterly basis nn deferrals granted by him/her. r~ 8. The option to defer the payment of speCi.al assessments shall ter:niaate and aII amounts accurulated, plus applicable interest, shall become due upon the accurren~ of any cif the. fallowing events: Ea} the. death of the owner, provided that the surviving spouse is not eligible for the benefits. hereunder;. Eb} the sale, transfer or subdivision of the property or any part thereof.; Ec) if the property should far any reason Iose its homestead status; or {d) if .for any reason the taxing aeat3^.ority c.eferring the payments shall. detet'mine thatthere would be no hardship to require immediate oz partial p2-yment. Passed by the City Council of the City of Richfield this 22 day of June, 1987.. John Hamilton Mayor ____~ A~'TES'S ,; Ttta~nas Ferrer City Clerk Randy Hughes om: Lynnette Chambers ant: Wednesday, July 28, 2004 12:45 PM To: Randy Hughes (Public Housing) ~ (Section i) Low Income (SO"/o of very pow income me ian ami y income o o me ian ami y ~ income ~ Pers on (s) ncome Person (s) n~come 1 $38,100 1 $26,850 2 $43,500 2 $30,700 3 $48,950 3 $34,500 4 $54,400 4 $38,350 5 $58,750 5 $41,400 6 $63,100 6 $44,500 7 $67,450 7 $47,550 8 $71, 800 8 $50,600 i AGENDA SECTION: Consent AGENDA ITEM # CFA REPORT # 1 ~ 2 STAFF REPORT CITY COUNCIL MEETING OCTOBER 26, 2~~4 Related to: CITY COUNCIL GOAL(S~ NO. N/A AND/OR RICHFIELD 2020 GOAL(S~ NO N/A REPORT PREPARED BY: BETSY OSBORN, ADMINISTRATIVE SUPPORT SERVICES MANAGER NAME, TITLE COUNCIL PRESENTER: DEPARTMENT DIRECTOR REVIEW: REVIEWED BY CITY MANAGER: ITEM FOR COUNCIL CONSIDERATION: Approve a first reading of an amendment to section 1186 of the City Code, striking all references to pawnbrokers, as they were separated into a new pawnbroker section 1187 at an earlier time. I. RECOMMENDED ACTION: By Motion: Motion to approve a first reading of the attached amendment to section 1186 of the City Code, striking all references to. pawnbrokers, as they were separated into a new pawnbroker section 1187 at an earlier time. Schedule second reading for November 23, 2004. II. BACKGROUND On February 23, 1998, the City Council approved a first reading of a new ordinance, section 1187, regulating and licensing pawnbroker businesses in the City of Richfield. On March 23, 1998, the City Council approved the second reading. It 1026 Amendment 1186 Removing Pawnbrokers should be noted that at that time, all references to pawnbrokers were contained in section 1186. Section 1186 should have been amended to delete any references to pawnbrokers as it was covered in the new section 1187. This did not occur. Therefore, it is necessary to repeal all references to pawnbrokers in section 1186 so that there are not two separate pawnbroker sections in the City Code. III. BASIS OF RECOMMENDATION A. POLICY • It was merely an oversight leaving the references to pawnbrokers in section 1186. B. CRITICAL ISSUES • Leaving the references to pawnbrokers in section 1186 could cause confusion if the new section is updated and the old section is not updated. • Having two sections to update defeats the purpose of having a separate section dealing with pawnbroker licenses only. C. FINANCIAL • N/A D. LEGAL • Part of the old section 1186 must be repealed so that there aren't two sections relating to Pawnbrokers. The remainder of section 1186 will be pertinent only to Secondhand Goods Dealers licenses and should remain. IV. ALTERNATIVE RECOMMENDATION(S~ • The Council could decide not to repeal the pawnbroker references in section 1186, which would mean that there are two sections pertaining to pawnbrokers. V. ATTACHMENTS • City Code Section 1186. VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None 2 Richfield City Code 1186.01 Section 1186 - Ssecondhand goods dealers (Added Bill No. 91-1) 1186.01. Definitions. For purposes of this section the terms defined in this subsection have the meanings given them. '1 np..~emhr ~~ ~r~o~i n ~L°r~~ n r!c-~ i~r n~~~ ~ . _ `'"^.." `^ I" ~ ~~ "~ 1.' ' a > > ~1. "Secondhand goods dealer" means a person engaged in the business of selling or receiving tangible personal property (excluding motor vehicles) previously used, rented, owned or leased. 1186.03. Exemptions. Subdivision 1. This section does not apply to or include the following: (a) the sale of secondhand goads where all of the following conditions are present: (1) the sale is held on property principally occupied as a dwelling. by the seller, or owned, rented or leased by a charitable or political organization; (2) the items offered for sale are owned by the occupant; (3) the sale is not held for more than four days in any seven day period; (4) not more than three sales are held either by the same person or on the same property in any 12 month period; and (5) none of the items offered for sale have been purchased for resale or received on consignment for the purchase of resale. (b) sales of motor vehicles by a person licensed ,under section .1155 as an auto dealer; 1026 Amendment 1186 Removing Pawnbrokers (c) secondhand goods dealers that do not receive or sell any of the following: (1) items with a serial number, "operation identification" symbol or number, or other identification number; (2) cameras; (3) electronic equipment, including but not limited to audio equipment, video equipment, computers and computer related equipment; (4) precious jewelry or gems, and precious metals (including precious scrap metal). (5) artist-signed or artist-attributed works of art; (6) guns; (d) the sale of goods at an auction held by a licensed auctioneer; (e) the business of buying or selling only those secondhand goods taken as part or full payment for new goods, and where such business is incidental to and not the primary business; (f) a bulk sale of property firom a merchant, manufacturer or wholesaler having an established place of business or of goods sold at open sale from bankrupt stock; (g) sales made by public officials in discharge of their official duties; (h) sales made by assignees or receivers appointed in this state to make sales for the benefit of creditors; or (i) precious metals transactions listed in state statute section 325F.732, subd. 2. ~I Any sales governed by 1187 and made by a licensed pawnbroker. 1186.05. License required. Subdivision 1. Secondhand goods dealer. No person may engage in the business of secondhand goods dealer without first obtaining a secondhand goods dealer license. C~ ahn9 ~ D.~+~~inhrnlip~ r~orccl~im'~ i nn~a~er~or~ ~~aa' ° 2 Subd. ~2. Separate license~._requi_red. , . A secondhand goods dealer may not conduct, operate or engage in the business of pawnbroker without having obtained a pawnbroker license in addition to a secondhand goods dealer license. 1186.07. License fee. Subdivision 1. Secondhand goods. The annual license fee for a secondhand goods dealer is set by appendix D. ~ ~hrl 7 D.~umhr~L o ~r~ e r n ~o~ by ~ eF-~~l~arrl~ cr~S cep--FS--~cc-a~ air D• 1186.09. Bond. A meeker--er secondhand goods dealer license will not be issued- unless the applicant files, with the director or public safety or their designee sift' clerk; a bond with corporate surety in the amount of $1,500. The surety bond shall be approved by the city attorney as to form and execution and deposited with the director of .public safety or their designee si~cler-k. The bond shall be kept in full force and in effect throughout the license period and shall be conditioned as follows: (a) the licensee shall obey the laws relating to the licensed business; (b) the licensee shall pay to the city, when due, all taxes, license fees, penalties and other charges provided by law; and (c) in the event of violation of any law relating to the business for which the license has been granted, the bond shall be forfeited to the city. 1186.11. Investigations. Subdivision 1. Prior to the granting of an initial or renewed pawr~el~~ secondhand goods dealer license the Department of Public Safety must conduct a background and financial investigation of the applicant. Any person having a beneficial interest in the license must be investigated. The investigation shall be conducted by the Department of Public Safety and the results reported to the city council. Subd. 2. Background Investigation fee. The fee charged by the director of Public Safety or their designee si#~clerk to an applicant for the costs of investigation is set by appendix D and is not refundable. 3 1186.15. Granting of license. After review of the license application; and background investigation report ~, the city council may grant or refuse, for one or more of the reasons set forth in section 1186.19, the application for a new or renewed secondhand goods dealer license. A license will not be effective unless the application fee and bond have been filed with the director of public safety or their designee. s~#~slerlE. 1186.17. Persons ineligible for license. Subdivision 1. A ~el~~; sr secondhand goods dealer license will not. be issued to: (a) a person not a citizen of the United States or a resident alien; (b) a person under 21 years of age; (c) a person who has been convicted of any state or federal law relating to receiving stolen property, sale of stolen property or controlled substance, burglary, robbery, theft, damage or trespass to property, operation of a business, or any law or ordinance regulating the business of pawnbroker or secondhand goods dealer; (d) a person who within five years of the license application date had a pawnbroker or secondhand goods dealer license revoked; (e) a person whom the city council determines not to be of sufficient good moral character and repute. Subd. 2. A ~ secondhand goods dealer license will not be issued to any partnership or corporation if such applicant had a partner, managing partner, manager, proprietor, or agent who do nat meet the standards set forth in subd. 1. (a)-(e) of this section. 1186.19. License denial, suspension or revocation. 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 operating 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, licensee or the business premises fails to conform with the standards for license application contained in this section; (d) 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 businesses of secondhand goods dealer; 4 (e) fraud, misrepresentation or bribery in securing a license; (f) fraud, misrepresentation or false statements made in the course of the applicant°s business; (g) the applicant or licensee has been convicted of any state or federal law relating to receiving stolen property, sale of stolen property or controlled substance, burglary, robbery, theft, damage or trespass to property, operation of a business, or any law or ordinance regulating the business of pawnbroker or secondhand goods dealer. (h) issuance or renewal of the license would adversely affect public health, safety or welfare. 1186.21. License limitations. A license wi(l be issued to the applicant only a~-er~y for the business premises as described in the application. The license is effective only for the premises specified in the approved license application. 1186.23. Records. Subdivision 1. A licensed secondhand goods. dealer a~ pawn~ek~F at the time of receipt of an item, must.immediately~ record the following information, using the APS reporting system: (a) an accurate description of the item including, but not limited to, any trademark, identification number, serial number, model number, brand name, or other identifying mark on such item; (b) the purchase price; (c) date, time and place of receipt; (d) name, address, phone number and date of birth of the person from whom the item was received; (e) the identification number from any of the following forms of identification of the seller: (1) valid picture driver's license; (2) official state picture identification. (f) an original signature (not a copy) of the person from whom the item was received. Subd.2. The books as well as the goods received must be open for inspection by the police department at reasonable times. .Records required by this subsection must be stored and maintained by the licensee for a period of at least three years. 5 1186.25. Daily reports. Subdivision 1. For-the following items, regardless of resale price, a secondhand goods dealer der must complete the APS reporting system rcnrarF f~rrv~c. .~nrJ c+eni-! Oho f„rr,-,~ „n rlom.~nrJ to the Department of Public Safety: (a) items with a serial number, "operation identification" symbol or number, or other identification number; (b) cameras; (c) electronic equipment, including but not limited to audio equipment, video equipment, computers and computer related equipment; (d) precious jewelry or gems, and precious metals, (including precious scrap metals); (e) artist-signed orartist-attributed w©rks of art; (f) guns; and (g) items not included in the above, except furniture and kitchen or laundry appliances, which the secondhand goods deafer intends to sell for more than $200. Subd. 2. The report form design must be approved by the Department of Public Safety and must contain all of the information required in section 1186.23. subd. 1186.27. Stolen goods. A licensed ~awr~b~el4e~-er secondhand goods dealer must report to the police any article pledged-e~ received, or sought to be ptec~ged-e~ received, if the licensee has reason to believe that the article was stolen or lost. 1186.29. Holding. An item received by a secondhand goods dealer , for which a report to the police is required, may not be sold or otherwise transferred or, in the case of jewelry and precious metals, melted down or dismantled for a period of 30 days after the date of such report to the police. , a~--lida~s- 1186.31. Receipt. Subdivision 1. A licensed secondhand goods dealer er pawr~elc~ must provide a receipt to the seller or consignor of any items which includes: (a) the address and phone number of the licensee's business; (b) the date; 6 (c) a description of the item purchased; and (d) the purchaser's signature. 1186.35. Police orders. If a police officer notifies a dealer not to sell an item, the item may not be sold, r°^'°°m°~, or removed from the licensed premises until authorized to be released by the Richfield Department of Public Safety. 1186.37. Prohibited acts. Subdivision 1. Minimum aqe. A person under the age of 21 years may not sell or consign, or attempt to sell or consign, goods with a secondhand goods dealer ~. A secondhand goods dealer may not purchase or receive goods from a person under 21 years of age. Subd. 2. Others. A secondhand goods dealer e~pawal~elEer may not receive any goods from a person of unsound mind or an intoxicated person. Subd. 3. Identification. A secondhand goods dealer o~aw~er may not receive goods, unless the seller presents identification in the form of a valid picture driver's license or official state photo identification. 1186.39. Inspections. Any person licensed under the provisions of this chapter shall, at all times during the term of said license, allow the inspector or officers of the Richfield Department of Public Safety to enter the premises where said licensee is carrying on such business, for the purpose of ..inspecting such premises and inspecting the goods, wares and merchandise therein for the purpose of locating goods suspected or alleged to have been stolen or otherwise improperly disposed of. 7 ~~ ~ ,l,QO~ ~f~C~~-ie~ ~~~ ~~ ~-~ ~,~ BILL NO. AN ORDINANCE RELATING TO PAWNBROKERS AND SECONDHAND GOODS DEALERS; REMOVING OBSOLETE PAWNBROKER REGULATIONS FROM THE SECONDHAND GOODS DEALER REGULATIONS; EXEMPTING CERTAIN SALES FROM SECONDHAND GOODS DEALER LICENSE REQUIREMENTS; ASSIGNING ADMINISTRATIVE DUTIES TO THE PUBLIC SAFETY DIRECTOR; MAKING APPLICATION FEES NONREFUNDABLE; ELIMINATING THE PUBLIC HEARING REQUIREMENT ON SECONDHAND GOODS DEALER LICENSES; REQURING AUTOMATED REPORTING FOR SECONDHAND GOODS DEALER TRANSACTIONS; AMENDING SUBSECTIONS 1186.01, 1186.03, 1186.05, 1186.07, 1186.09, 1186.11, 1186.15, 1186.17, 186.19, 1186.21, 1186.23, 1186.25, 1186.27, 1186.29, 1186.31, 1186.35 AND 1186.37 OF THE RICHFIELD CITY CODE; REPEALING SUBSECTIONS 1186.13 AND 1186.33 OF THE RICHFIELD CITY CODE THE CITY OF RICHFIELD DOES ORDAIN: Section 1. The section heading for Section 1186 of the Richfield City Code is amended to read as follows: Section 1186 - Ssecondhand goods dealers Sec. 2. Subsection 1186.01 is amended to read as follows: 1186.01. Definitions. For purposes of this section the terms defined in this subsection have the meanings given. them. y . ~~D•+~~inhr~Lor~~ m .~ no can n In.~ c~ rv+nnc~i nn r1 ~i~ ~r -,~,.T„~~~--~,~ea~s-~~r~Qn- w 4-~e~ Sec. 3. Subsection 1186.03, subdivision 1 of the Richfield City Code is amended by adding a new clause (j) as follows: (i) Any reportable transactions governed by section 1187 of this code .and made by a licensed pawnbroker. Sec. 4. Subsection 1186.05, subdivision 2 of the Richfield City Code is repealted in its entirety. amended to read as follows: Sec. 5. Subsection 1186.07 of the Richfield City Code is amended by repealing subdivision 2 of that subsection. ~1. "Secondhand goods dealer" means a person engaged in the business of selling or receiving tangible personal property (excluding motor vehicles) previously used, rented, owned or leased. Sec. 6. Subsection 1186.09 of the Richfield City Code is amended to read as follows: 1186.09. Bond. A br~eke~er secondhand goods dealer license will not be issued unless the applicant files, with the director or public safety or their designee si#~-slerl~ a bond with corporate surety in the amount of $1,500. The surety bond shall be approved by the city attorney as to form and execution and deposited with the director of public safety or their designee 6Ftj~-612FIE: The bond shall be kept in full force and in effect throughout the license period and shall be conditioned as follows: (a) the licensee shall obey the laws relating to the licensed business; (b) the licensee shall pay to the city, when due, all taxes, license fees, penalties and other charges provided by law; and (c) in the event of violation of any law relating to the business for which the license has been granted, the bond shall be forfeited to the city. Sec. 7. Subsection 1186.11 of the Richfield City Code is amended to read as follows: 1186.11. Investigations. Subdivision 1. Prior to the granting of an initial or renewed r-e~e~ secondhand goods dealer license the Department of Public Safety must conduct a background and financial investigation of the applicant. Any person having a beneficial interest in the license must be investigated. The investigation shall be conducted by the Department of Public Safety and the results reported to the city council. Subd. 2. Background Investigation fee. The fee charged by the director of public safety or their designee sib-slerl~ to an applicant for the costs of investigation is set by appendix D and is not refundable. Sec. 8. Section 1186 of the Richfield City Code is amended by repealing subsection 1186.13 in its entirety. Sec. 9. Subsection 1186.15 of the Richfield City Code is amended to read as follows: 1186.15. Granting of license. After review of the license application; and background investigation report ,the city council may grant or refuse, for one or more of the reasons set forth in section 1186.19, the application for a new or renewed secondhand goods dealer license. A license will not be effective unless the application fee and bond have been filed with the director of public safety or their designee. "'+. Sec. 10. Subsection 1186.17 of the Richfield City Code is amended: to read as follows: 1186.17. Persons ineligible for license. Subdivision 1. A e~ secondhand goods dealer license will not be issued to: (a) a person not a citizen of the United States or a resident alien; (b) a person under 21 years of age; (c) a person who has been convicted of any state or federal law relating to receiving stolen property, sale of stolen property or controlled substance, burglary, robbery, theft, damage or trespass to property, operation of a business, or any law or ordinance regulating the business of pawnbroker or secondhand goods dealer; (d) a person who within five years of the license application date had a pawnbroker or secondhand goods dealer license revoked; (e) a person whom the city council determines not to be of sufficient good moral character and repute. Subd. 2. A secondhand goods dealer license will .not be issued to any partnership or corporation if such applicant had a partner, managing partner, manager, proprietor, or agent who do not meet the standards set forth in subd. 1. (a)-(e) of this section. Sec. 11. Subsection 1186.19, clause (d) of the Richfield City Code is amended to read as follows: (d) 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 businesses of secondhand goods dealer; Sec. 12. Subsection 1186.21 of the Richfield City Code is amended to read as follows: 1186.21. License limitations. A license will be issued to the applicant only a~-esl} for the business premises as described in the application. The license is effective only for the premises specified in the approved license application. Sec. 13. Subsection 1186.23, subdivision 1 of the Richfield City Code is amended to read as follows: 1186.23. Records. Subdivision 1. A licensed secondhand goods dealer a~ ~~~•~~ at the time of receipt of an item, must immediately record the following information, using the APS reporting system: (a) an accurate description of the item including, but not limited to, any trademark, identification number, serial number, model number, brand name, or other identifying mark on such item; (b) the purchase price; (c) date, time and place of receipt; (d) name, address, phone number and date of birth of the person from whom the item was received; (e) the identification number from any of the following forms of identification of the seller: (1) valid picture driver's license; (2) official state picture identification. (f) an original signature (not a copy) of the person from whom the item was received. Sec. 14. Subsection 1186.25, subdivision 1 of the Richfield City Code is amended to read as follows: 1186.25. Daily reports. Subdivision 1. For the following items, regardless of resale price, a secondhand goods dealer ~a~ must complete the APS reporting system r "'"~ 'Fnrrv~c .~nr! c•cnrl +ho fnrmc nn ,~o.,,,,n,~ to the Department of Public Safety: (a) items with a serial number, "operation identification" symbol or number, or other identification number; (b) cameras; (c) electronic equipment, including but not limited to audio equipment, video equipment, computers and computer related equipment; (d) precious jewelry or gems, and precious metals, (including precious scrap metals); (e) artist-signed orartist-attributed works of art; (f) guns; and (g) items not included in the above, except furniture and kitchen or laundry appliances, which the secondhand goods dealer intends to sell for more than $200. Sec. 15. Subsection 1186.27 of the Richfield City Code is amended to read as follows: 1186.27. Stolen woods. A licensed meeker-e~ secondhand goods dealer must report to the police any article ~leds~}ed-e~ received, or sought to be ~led~e~ er received, if the licensee has reason to believe that the article was stolen or lost. Sec. 16. Subsection 1186.29 of the Richfield City Code is amended to read as follows: 1186.29. Holding. An item received by a secondhand goods dealer e~ ~awahrArvn°cT for which a report to the police is required, may not be sold or otherwise transferred or, in the case of jewelry and precious metals., melted down or dismantled for a period of 30 ~-days after the date of such report to the police. 7u'r6wG1F°r .,n in,~;.,i,~„at-r~a~ede~,-a~Reax~-pa~R~~' ~~ hn„r~. n~er-fie iFom_~e,~c_ rcncivcrJ nn rJcnnai+ ovnh ~rlinn C~ ~nrlnv~ ~r„J lon~l hr.li,-l.we. Sec. 17. Subsection 1186.31 of the Richfield City Code is amended to read as follows: 1186.31. Receipt. Subdivision 1. A licensed secondhand goods dealer e~ n.~~~inhr°L°r must provide a receipt to the seller or consignor of any items which includes: (a) the address and phone number of the licensee's business; (b) the date; (c) a description of the item purchased; and (d) the purchaser's signature. Sec. 18. Section 1186 of the Richfield City Code is amended by repealing subsection 1186.33 in its entirety. Sec. 19. Subsection 1186.35 of the Richfield City Code is amended to read as follows: 1186.35. Police orders. If a police officer notifies a dealer not to sell an item, the item may not be sold, r°~'°°m°~', or removed from the licensed premises until authorized to be released by the Richfield Department of Public Safety. Sec. 20. Subsection 1186.37 of the Richfield City Code is amended to read as follows: 1186.37. Prohibited acts. Subdivision 1. Minimum aqe. A person under the age of 21 years may not sell or consign, or attempt to sell or consign, goods with a secondhand goods dealer A secondhand goods dealer er may not purchase or receive goods from a person under 21 years of age. Subd. 2. Others. A secondhand goods dealer may not receive any goods from a person of unsound mind or an intoxicated person. Subd. 3. Identification. A secondhand goods dealer may not receive goods, unless the seller presents identification in the form of a valid picture driver's license or official state photo identification. Sec. 21. This ordinance is effective in accordance with Section 3.09 of the Richfield City Charter. Adopted this day of , 2004. Martin J. Kirsch, Mayor ATTEST: Nancy C. Gibbs, City Clerk