10-7-96 agenda•
CITY OF RICHFIELD
MONDAY, OCTOBER 7, 1996
REGULAR CITY COUNCIL STUDY SESSION
FOLLOWS SPECIAL HRA
COUNCIL CHAMBERS
AGENDA
CALL TO ORDER
ROLL CALL
1. 7:00-7:30 P.M. DISCUSSION ON 76TH STREET EAST OF 1-35W
DOWNSIZING STUDY
STUDY SESSION LETTER NO. 39
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11. 7:30-8:00 P.M. DISCUSSION OF IMPROVEMENTS FOR 76TH
STREET, SHERIDAN AVENUE TO XERXES AVENUE
STUDY SESSION LETTER NO. 40
III. 8:00-8:15 P.M. DISCUSSION OF POSSIBLE TRAFFIC CALMING
MEASURES FOR NEIGHBORHOOD SOUTH OF 76TH
STREET BETWEEN 1-35W AND PENN AVENUE
STUDY SESSION LETTER NO. 41
IV. 8:15-8:45 P.M. DISCUSSION OF ORDINANCE REQUIRING
LICENSED APARTMENT HOUSES AND RENTAL
HOMES TO TAKE ACTION ON PERSONS WHO
CONDUCT THEMSELVES IN DISORDERLY MANNER
STUDY SESSION LETTER NO. 42
V. 8:45-9:15 P.M. POLICY AND STRATEGY RECOMMENDATIONS FOR
AIRPORT RELATED ISSUES
STUDY SESSION LETTER NO. 43
0 9:15 P.M. ADJOURNMENT
AUXILIARY AIDS FOR INDIVIDUALS WITH DISABILITIES ARE AVAILABLE UPON
REQUEST. REQUESTS MUST BE MADE AT LEAST 96 HOURS IN, ADVANCE TO
THE ADMINISTRATIVE SERVICES DIRECTOR AT 861-9702.
• CITY OF RICHFIELD, MINNESOTA
Study Session Letter No. 43
Agenda October 7, 1996
Issue Statement:
Policy and strategy recommendations for airport related issues.
Background:
Recent developments regarding airport issues include the following:
Runway 4-22
Staff sent a letter to MAC requesting information on the numbers of operations
projected in regard to the Revised Draft Environmental Impact Statement (RDEIS) for
the proposed extension of Runway 4-22. Several cities have recently suggested that 4-
22 should be used for traffic redistribution of 20% until such time as the proposed north-
south runway is constructed and operational. Richfield staff does not believe that 20%
was ever an achievable number according to the RDEIS, and would be even less likely
considering that operations have probably exceeded those projected in 1992. MAC has
yet to respond to this request.
MSP Mitigation Committee/MSP Expansion
• The next meeting of the Mitigation Committee is scheduled for Monday, October 7, at
8:00 a.m. in the MASAC Room of the MAC General Offices. The committee is
expected to conclude discussions and make a recommendation to the MAC Planning &
Environment Committee. That committee will then forward the recommendation to the
full commission for consideration at the October 28 MAC meeting. Whatever form the
MAC recommendation takes will then be sent to the State Advisory Council for
Metropolitan Airport Planning (SACMAP). SACMAP will have 60 days to review the
document before passing it on to the legislature. There is no legislative requirement to
do anything other than receive the recommendation.
Richfield Airport Strategy Group (RASG) met on September 19 to discuss likely actions
following the mitigation report and release of the EIS for the north-south runway,
expected in December 1996. Airport special counsel Steve Pflaum estimates costs of
$60,000 for technical review of the EIS. Additional review by technical consultants is
likely to cost $6-10,000 each. Staff also anticipates costs of approximately $5,000
related to Metropolitan Council review. Having a review team assembled prior to
release of the EIS will allow the City to provide a timely response to the Final EIS.
Metropolitan Aircraft Sound Abatement Council
Council had previously requested that the monthly Technical Advisor's Report of airport
noise data provided to MASAC representatives be forwarded for Council review.
August 1996 reports were not available at the September 24 MASAC meeting due to
data recovery difficulties in the program software. ANOMS towers are gathering the
data properly, however, retrieval of the data is not possible. If the system is repaired
• and able to recover the August data, it will be included following the October 22
meeting.
Recommended Motion:
Discuss current airport policy issues.
Basis of Recommendation:
It is important for the Council to provide direction to staff on airport policy.
Alternative Recommendation:
Defer discussion to another date.
Discussion/Decision Mode:
This matter will be discussed at the Study Session of August 5, 1996.
Respectfully submitted,
James (6F rosser
City Manager
• JDP:ds
CITY OF RICHFIELD, MINNESOTA
Study Session Letter No. 42
Agenda October 7, 1996
Issue Statement:
Council discussion on an ordinance requiring licensed apartment houses and rental
homes to take action on persons who conduct themselves in a disorderly manner.
Background:
The City has established a goal that all residents feel and be safe within our City. A
significant issue related to this goal is the fact that occasionally owners or managers of
apartment buildings do not take responsibility to assure that tenant problems are
properly resolved. Most apartment buildings are well managed. Overall, the calls per
capita received in apartment buildings are about the same as single family properties.
The Community Apartment Program (CAP) was established several years ago to
address the needs of the apartment community. A primary focus has been to establish
a cooperative arrangement between apartment owners and managers, the police and
other City staff. Accomplishments to date include:
• Improved tenant selection.
• Development of a process to identify and remove tenants that cause trouble with
other tenants.
• Established "police call" reports to identify potentially problem tenants.
• Participated in "Crime Free Multi-Housing".
• Taken initiative to keep their buildings a good place to live.
Despite these efforts, there are still a limited number of buildings that generate an
above average number of police calls.
Staff has prepared an ordinance which is similar to one in use by other cities that
should address this issue. Essentially what the ordinance does is put in place some
sanctions (fines, revocation, suspension, denial or non-renewal) on licensed rental
properties that do not seem to address problem tenants. The ordinance establishes
sanctions for building owners/managers who allow tenants or tenant guests to
continually violate some specific City ordinances and/or State Statutes. They are:
• City Ordinance Section 905 (Animal Control and Public Nuisances)
• City Ordinance Section 930 (Noise)
• City Ordinance Sections 1200.03 and 1200.05 (Sale of Intoxicating Liquor or
Violations of Laws Relating to the Sale of Liquor)
• City Ordinance Section 920.11 (Unlawful Use and Possession of Firearms)
• Violations of MN St. 260.315 (Contributing to the Delinquency of Minors)
• Violations of MN St.51813.01 (Assaults, Including Domestic Abuse)
• Violations of MN St. 609.321, Subd. 9 (Relating to Prostitution)
• Violations of MN St. 609.72 (Relating to Disorderly Conduct)
• Violations of MN St. 152.01, et seq. (Relating to Possession of Controlled
Substances)
These are the nine areas staff and other cities believe generate the most police calls to
apartment buildings. Furthermore, as mentioned earlier, staff and others believe it is
f the responsibility of the owners to take action on tenants who continually violate these
laws.
The proposed ordinance provides three opportunities to correct violations:
• If a tenant or a tenant's guest begins to show a pattern of acts that constitutes a
violation of one or more of these laws, the City Manager will give notice to the owner
of the building directing them to take steps to prevent further violations.
• If violations persist within four months, the owner will have to file a written plan
which outlines the remedies they intend to take.
• If violations continue after this, within the next four months, the rental license of the
owner can be fined, not renewed, denied, suspended or revoked after a hearing
before the City Council.
Should the Council direct staff to proceed with this ordinance or some variation, staff
will meet with R.A.M.A. to receive their thoughts and input prior to a first reading. In
Brooklyn Park, this ordinance was brought to the City by the apartment owners.
Recommended Motion:
None required. Council discussion on proposed ordinance regarding constant
disorderly persons in apartment buildings and sanctions on owners who take no action.
0 Basis of Recommend
1. It is important to assure apartment residents that they live in a safe environment.
The ordinance would provide an additional tool to use if apartment owners choose
not to take appropriate remedial action with apartment tenants that cause problems
for other tenants.
2. The purpose of this ordinance is the continued effort by the City, residents and
business leaders to make Richfield a good place to live, work and do business.
Alternative Recommendation:
1. The Council could defer action.
2. The Council could alter the criteria for enforcement.
Discussion/Decision Mode:
Council discussion on a draft ordinance holding apartment owners accountable for
persons who continue to be disorderly and providing staff direction on how to proceed.
Respectfully submitted,
James . Prosser
City Manager
JDP:cak
An Ordinance Requiring Licensed Apartment Houses and Rental Homes
to Take Action on Persons Conducting Themselves in a Disorderly Manner
Conduct on Licensed Premises
Subd.1. It shall be the responsibility of the licensee to see that persons occupying the
licensed premises conduct themselves in such a manner as not to cause the premises
to be disorderly. Persons occupying shall include the tenant(s) and guests of the
tenant(s). For purposes of this Section, a premises is disorderly at which any of the
following activities occur:
(a) Acts constituting violations of Section 905 of the City Code (Animal Control
and Public Nuisances).
(b) Acts constituting violations of Section 930 of the City Code (Noise Control).
(c) Acts constituting violations of laws relating to the possession of controlled
substances as defined in Minnesota Statutes, Section 152.01 et. seq.
(d) Acts constituting violations of laws relating to disorderly conduct as defined in
Minnesota Statutes, Section 609.72.
(e) Acts constituting violations of Section 1200.03 and 1210.05 of the City Code
i (Unlawful sale of intoxicating liquor or non-intoxicating malt liquor) or violation
of laws relating to the sale of intoxicating liquor as defined in Minnesota
Statutes, Section 340a.701, 340a.702 or 340a.703.
(f) Acts constituting violations of laws relating to prostitution or acts relating to
prostitution as defined in Minnesota Statutes, Section 609.321, Subdivision 9.
(g) Acts constituting violations of Section 920.11 of the City Code (Firearms) or
violation of laws relating to unlawful use or possession of a firearm as defined
in Minnesota Statutes, Section 609.66 et. seq., on the licensed premises.
(h) Acts constituting violations of laws relating to assault, including domestic
abuse as defined in Minnesota Statutes, Section 51813.01.
(i) Acts constituting violations of laws relating to contributing to need for
protection or services or delinquency of a minor as defined in Minnesota
Statutes, Section 260.315.
Subd. 2. The City Manager shall be responsible for enforcement and administration of
this ordinance. Authority to take any action authorized under this section may be
delegated to the City Manager's authorized designee.
Subd. 3. Upon determination by the City Manager that a licensed premises was used
in a disorderly manner, as described in Subdivision 1, the City Manager shall give
notice to the licensee of the violation and direct the licensee to take steps to prevent
further violations. This should include consultation with the Director of Public Safety
and agreement as to what steps are appropriate.
Subd. 4. If another instance of disorderly use of the licensed premises occurs within
four (4) months of an incident for which a notice in Subdivision 3 was given, the City
Manager shall notify the licensee of the violation and shall also require the licensee to
submit a written report of the actions taken, and proposed to be taken, by the licensee
to prevent further disorderly use of the premises. This written report shall be submitted
to the City Manager within five (5) days of a receipt of the notice of disorderly use of the
premises and shall detail all actions taken by the licensee in response to all notices of
disorderly use of the premises within the preceding four (4) months.
Subd. 5. If another instance of disorderly use of the licensed premises occurs within
four (4) months after any two previous instance of disorderly use for which notices were
given to the licensee pursuant to this section, the rental dwelling license for the
premises may be denied, revoked, suspended, not renewed or fined up to including
$ . An action to deny, revoke, suspend, fine or not renew a license under this
section shall be initiated by the City Manager who shall give to the licensee written
notice of a hearing before the City Council to consider such denial, revocation,
suspension, non-renewal or fine. Such written notice shall specify all violations of this
section, and shall state the date, time, place and purpose of the hearing. The hearing
shall be held no less than ten (10) days and no more than thirty (30) days after giving
such notice.
Following the hearing, the Council may deny, revoke, suspend, decline to renew or fine
the license for all or any part or parts of the licensed premises or may grant a license
upon such terms and conditions as it deems necessary to accomplish the purpose of
this section.
Subd. 6. No adverse license action shall be imposed where the instance of disorderly
use of the licensed premises occurred during the pendency of eviction proceedings
(unlawful detainer) or within thirty (30) days of notice given by the licensee to a tenant
to vacate the premises where the disorderly use was related to conduct by that tenant
or by other occupants or guests of the tenant's unit. Eviction proceedings shall not be a
bar to adverse license action, however, unless they are diligently pursued by the
licensee. Further, an action to deny, revoke, suspend, not renew or fine a license
based upon violations of this section may be postponed or discontinued at any time if it
appears that the licensee has taken appropriate measures which will prevent further
instances of disorderly use.
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W Richfield City Code 905.01 (Rev. 1996)
Section 905 - Animal control.
(Amended, Bill No. 1996-10)
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905.01. Licensing of domestic animals. Subdivision 1. Definitions. For the
purposes of this section the terms defined in this subsection have the meanings
given them.
Subd. 2. "Owner" means any person owning, keeping, harboring or having
custody of an animal.
Subd. 3a. "Commercial kennel" means a place where more than two dogs or
two cats over six months of age are kept, and where the business of selling,
boarding, breeding, showing, or grooming dogs or cats is conducted.
Subd. 3b. "Veterinary kennel" means a kennel facility or clinic operated
and maintained by a licensed veterinarian, where treatment, care, diagnosis, and
veterinary procedures are performed.
Subd. 4. "Residential kennel" means a place where more than two dogs or
two cats over six months of age are kept on premises which are zoned and occupied
for residential purposes, and where the keeping of such dogs or cats is
incidental to the occupancy of the premises for residential purposes.
Subd. 5. A dog is "at large" when it is off the property of its owner and
not under restraint.
Subd. 6. A dog is "under restraint" if it is controlled by a leash not ex-
ceeding. six feet in length, or at heel beside a competent person having custody
of it and.obedient to that person's commands, or within a vehicle being driven
or parked. on a public street or within the property limits of its owner's
premises.An unattended dog on the property of another, without the consent of
such property owner, is "at large" and not under restraint even though it is on
a leash.
Subd. 7. For purposes of subsections 905.03 - 905.33, "animal" shall refer
to domestic dogs and cats.
905.03. License. Subdivision 1. General rule. No person may own, harbor, keep
or have custody of an animal over six months of age within the city, unless a
current license for the animal has been obtained as provided in this subsection.
Applications for animal licenses must be made when the animal attains six months
of age, (i) and not later than 30 days from the acquisition of an animal, (ii)
and not later than 30 days from the moving of an animal into the city, (iii) this
registration will expire on the date the animal's rabies vaccination expires, and
must be reinstated within 15 days of the expiration of the animal's rabies
vaccination. Owners whose animals have received rabies vaccinations which are
effective for more than one year may apply for a two or three year license,
depending on the type of rabies vaccination. When making application for a
multi-year license, the owner must submit all of the information required for an
annual license as well as documentation indicating that the animal has received
a rabies vaccination which is effective for the multi-year license being applied
for. The multi-year license may not exceed the period of effective rabies
vaccination stated on the vaccination certificate provided by the veterinary
clinic, or veterinarian, which vaccinated the animal. These multi-year licenses
may only be issued for animals which have been spayed or neutered.
Richfield City Code 905.03, Su d.
(Rev. 1996)
Subd. 2. License fees. The license fee for each animal license, and the
charge for a duplicate animal license is as provided in appendix D.
Subd. 3. Late penalty. If an animal license is obtained while the animal
is impounded by the city, or if the 15 day period allowed for reregistration of
the animal has expired there shall be added to the regular license fee a late
license penalty as provided in appendix D for each animal; provided that an owner
who newly acquires an animal, or an owner who has an animal at the time of
becoming a resident of the city, shall be allowed 30 days to secure a license,
without incurring the late license penalty provided in this subdivision.
Subd. 4. Contents of application. Application for an animal license shall
be made to the Public Safety Department. The application shall include such
descriptive information as is necessary to provide reasonable identification of
the animal and its owner. Applicants shall provide a certificate issued by a
licensed doctor of veterinary medicine showing that the animal has been
vaccinated against rabies, that such vaccination is effective on the date of the
application, and that the vaccination will be effective for the period of time
for which application for animal license is made.
Subd. 5. Identification of licensed animal. Upon the issuance of an
animal license by the city clerk or the city pound keeper, the licensee shall be
provided with a metallic tag bearing the license number and the word "Richfield."
Except where the animal for which the license is issued is indoors on the
premises of his owner, the animal shall have a collar or harness on which the
license tag, and current rabies tag is affixed. No person may counterfeit any
tag of this city or use a counterfeit tag.
Subd. 6. License nontransferable. A license tag is nontransferable to any
other animal or to a new owner of the animal for which it is issued.
Subd. 7. Replacement of lost tag. If any such tag is lost or stolen, the
owner may obtain a new tag by surrendering the receipt for the first tag and by
paying the charge for a duplicate license as provided in appendix D.
905.05. Dogs not to be at large. An owner may not permit a dog to be at large
in this city, but shall keep dog under restraint at all times.
905.06. Immediate disposal of animal feces. An animal owner, or person having
custody or control of an animal, shall immediately clean up and sanitarily
dispose of any feces of the animal, except that this provision does not apply to
blind persons with respect to their ownership and use of seeing eye dogs.
905.07. Confinement when necessary. A female animal in heat shall be confined
in a building, secure enclosure, veterinary hospital or boarding kennel, or shall
be controlled on a leash while being exercised, provided the animal does not
create a public nuisance.
905.09. Public nuisances. The keeping of an animal which annoys other persons
is a public nuisance and is unlawful. Upon the receipt of a written complaint
of such annoyance by the occupants of two or more neighboring properties, the
city shall notify the owner of such an animal that the nuisance shall be abated
within 48 hours. Failure to obey a notice is a violation of this subsection.
Richfield City Code 905.11 (Rev. 1996)
905.11. City pound. The council may provide for a city.animal pound either
within or outside the limits of the city.
905.13. Pound keeper. If a city pound is established, the manager shall
designate the pound keeper who may appoint and deputize special officers to
enforce this section. The special officer shall have police powers to cite
owners of dogs or cats for violations of this section, to impound animals and to
enforce the provisions of this section.
905.15. Enforcement procedures. Such officers as the manager shall designate
to enforce this section may pick up and impound any animal found not to be kept,
confined or restrained, or licensed in the manner required by this section. The
officers may enter upon private property where there is reasonable cause to
believe that an animal is on the premises and is not licensed as required by this
section, or that there is an animal on the premises which is not being kept,
confined or restrained, as herein provided. An owner shall produce for
inspection an animal license receipt when requested to do so by the officer.
905.17. Quarantine. Any animal capable of carrying the rabies virus that has
bitten a person shall immediately be impounded for at least ten days and kept
apart from other living creatures, under the supervision of a veterinarian or the
Department of Public Safety, until it is determined whether the animal had or has
a disease which might have been transmitted by the bite. The impounding may be
done by the owner at owner's residence, or veterinary facility with the approval
of the Department of Public Safety, but if it is not at the city pound or
designated pound, the owner shall notify the pound keeper or director of public
safety immediately and shall furnish proof in writing that the animal is being
impounded, and shall follow all policies and procedures relating to the
quarantine as directed by the Department of Public Safety. Upon the expiration
of ten days, if it is determined that the animal does not have a disease which
might have been transmitted by the bite, the animal may be released and the pound
keeper or director of public safety shall be notified immediately prior to the
release by the owner of the animal. If the animal is impounded at the city
pound, it may be reclaimed as hereinafter provided. Any animal which has been
bitten by a rabid creature shall be euthanated or impounded and kept in the same
manner for a period of six months; provided that if the animal which has been
bitten by a rabid creature has been vaccinated at least three weeks before the
bite and within one year of the bite and if it is again immediately vaccinated,
then such animal shall be confined or impounded for a period of 40 days before
it is released. The owner of an animal which has been bitten by a rabid creature
shall notify the city pound keeper or director of public safety immediately prior
to the release of the animal.
905.19. Dangerous animals. Adoption by reference. Minnesota Statutes 343.40,
346.57, 347.50, 347.51, 347.52, 347.53, 347.54, and 347.55 as they pertain to
domestic animals, are adopted by reference and are as much a part of this code
as if fully set forth herein. Any violation of the statutes herein adopted by
reference is a violation of this code. If an animal is diseased, vicious,
dangerous, rabid or exposed to rabies and the animal cannot be impounded after
a reasonable effort or cannot be impounded without serious risk to the persons
attempting to impound it, or if an animal has made more than one attack on a
person or persons, the animal may be immediately killed by or under the direction
of an officer authorized to enforce the provisions of this section.
Richfield City Code 905.21 (Rev. 1996)
905.21. Treatment during impounding. Any animal which is impounded in the city
pound or designated pound shall be kept, with kind treatment and sufficient food
and water, and sanitary conditions, for the animal's comfort. If the animal is
not known or suspected of being diseased and has not bitten a person or been
bitten by a rabid creature, it shall be kept in the pound for at least five days,
unless it is sooner reclaimed by its owner. If the animal is known to be or is
suspected of being diseased with a disease which might be transmitted to persons,
it shall be kept in the pound for at least ten days.
905.23. Redemption of animals. An animal may be redeemed from the pound by the
owner upon paying the following:
(a) the license fee for the animal, if the license has not previously
been obtained;
(b) the late license penalty, where a license has not been obtained
within the time provided in this section;
(c) the amount of the boarding fee which the city is required to pay to
the pound keeper; or
(d) an impounding penalty as fixed in appendix D.
905.25. Disposal of unredeemed animals. The city pound keeper or designated
pound keeper shall make an effort to contact the owner of any animal which has
been impounded and which has identification on it. If at the end of the
impounding period the animal is not reclaimed by the owner, the animal shall be
deemed to have been abandoned and may be disposed of or sold to any person
following the procedures contained in Minnesota Statutes, section 514.93. If the
animal is to be kept, in the city, a license shall be obtained before possession
of the animal is given to the purchaser, if a license is required.
905.27. Limit of dogs on one premise. Not more than two dogs or cats over six
months of age shall be kept on any one premise, except at a licensed commercial
kennel, veterinary kennel, or a licensed residential kennel.
905.29. Abandonment. It is unlawful for any person to abandon any animal in this
.city, or at the city pound, or designated city pound.
905.31. Kennel licenses. Subdivision 1. Definitions. The terms "commercial
kennel," "veterinary kennel," and "residential kennel" are defined in section
905.01.
Subd. 2. License required. No person may operate a veterinary, commercial
or residential kennel in this city without first obtaining a kennel license as
provided in this subsection. Application for the license shall be made to the
city clerk and must be accompanied by the license fee set by appendix D. The
clerk shall refer the application to the council, which may grant or deny the
license. Licenses issued for kennels shall be on an annual basis. The council
may impose conditions upon the granting of any residential, veterinary, or
commercial kennel license.
•
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Richfield City Code 905.31, Subd. 3
(Rev. 1996)
Subd. 3. Approval of contiguous property owners. The application for a
residential kennel license, or commercial kennel license in a residential area,
shall be accompanied by a petition showing the approval of the occupants of
privately owned real estate abutting the premises on which the kennel is to be
located. Whether or not all of the occupants of abutting property approve the
application, the council may grant or deny the license. The license may not be
granted unless the council finds that the use of the applicant's premises as a
residential kennel will not have, or will not be likely to have, any adverse
effect upon adjacent properties or the occupancy thereof, and will not constitute
a nuisance to the neighborhood.
Subd. 4. Revocation. Kennel licenses may be revoked by the council by
reason of any violation of this subsection or by reason of violation of any other
provisions of this code or any order, law or regulation.
Subd. 5. Notice and hearing. Before revoking a kennel license, the
licensee shall be given notice of the meeting at which such revocation will be
considered, and if the licensee is present at such meeting, the licensee must be
given an opportunity to be heard. Notice of the meeting shall be given to the
licensee in writing. Written notice shall be mailed to the address of the
licensee as set forth in the licensee's application for the kennel license, and
it shall be mailed at least five days before the date of the meeting at which the
revocation is to be considered by the council.
Subd. 6. License fees. The fee for a veterinary or commercial kennel
license and the fee for a residential kennel license are as fixed in appendix D.
The residential kennel license fee is in addition to the usual animal license
fees provided in this section, if applicable.
Subd. 7. Sanitation. Kennels shall be maintained in a clean and healthful
condition at all times, and shall be open to inspection by the director of public
safety, at all reasonable times.
Subd. 8. Reports to city. Each month that a kennel is operated, the owner
of the kennel shall report to the city manager, accurately stating in writing the
greatest number of animals kept on the kennel premises during the preceding
calendar month. Animals kept by a kennel in its capacity as the city pound need
not be so reported.
905.33. Reports by pound keeper. The city pound keeper or designated pound
keeper shall account for and pay over monthly to the city all monies received by
the pound keeper on behalf of the city as license fees or other charges. The
pound keeper shall also give an accurate written report each month to the city,
stating (i) licenses issued, (ii) fees or other charges collected, (iii) sales
made, (iv) dogs, cats and other animals impounded, (v) the duration of any such
impoundment, (vi) all animals destroyed, and (vii) other pertinent data relating
to animal control which may be requested by the city manager.
905.35. Miscellaneous prohibitions. Subdivision 1. General rule. The
existence of any of the conditions enumerated in this subsection are declared to
be nuisances and may be proceeded against in the manner provided in section 925.
Richfield City Code 905.35, Subd. 2
(Rev. 1996)
Subd. 2. Swine. No swine of any kind or nature may be kept within the
limits of the city at large or in any enclosure situated within a distance of 75
feet from any dwelling house, store or shop of any person other than the owner,
nor within 75 feet of any public street in the city.
Subd. 3. Maintenance of grounds for fur-bearing animals. No person may
keep mink, foxes, muskrats, raccoons or polecats in yards, pens or houses for
breeding purposes in the city.
905.37. Maintenance of fowl and birds. Subdivision 1. Prohibition. No person
owning or keeping chickens, ducks, geese, pigeons or other fowl or birds may
permit the same to run at large or enter upon the premises of another without
permission, nor may any such fowl or birds be kept, raised or permitted to go on
any street, park, lake or public ponding area.
Subd. 2. Limitation on number. No more than three fowl or birds may be
kept or raised on any residential property in the city. This limitation does not
apply to the keeping of pigeons pursuant to a license under the provisions of
this section.
Subd. 3. Injury or annoyance to others. No such fowl or birds may be kept
or raised in a manner as to cause injury or annoyance to persons on other
property in the vicinity by reason of noise, odor or filth.
Subd. 4. Impounding of fowl or birds. A fowl or bird at large in
violation of subdivision 1 may be impounded by the city, and, after being
impounded for three days or more without being reclaimed by the owner, may be
destroyed or sold. A person reclaiming any impounded fowl shall pay the cost of
impounding and keeping the same.
905.39. License: pigeons. Subdivision 1. General rule. No person may keep
more than three pigeons on any premises in the city without first obtaining a
license as provided in this subsection, and no person may keep or harbor pigeons
.except in compliance with this subdivision.
Subd. 2. Definitions. As used in this subsection, the term "pigeon"
.includes any and all varieties of pigeons. The term "loft" includes any and all
quarters in which pigeons are housed.
Subd. 3. License application. Application for a license to keep pigeons
shall be made to the city clerk and accompanied by the specified license fee.
The application shall be investigated by the administrative staff of the city to
determine compliance with the ordinances of the city and shall then be referred
to the city council, which may grant or deny the license. Licenses shall be
issued on an annual basis. The applicant shall seek the written approval of such
application by the occupants of all privately-owned real estate abutting the
premises for which the license is sought. The approvals which are obtained shall
accompany the application. The license application shall include a plan showing
the construction of the proposed or existing loft and its location on the
property. The loft shall be regarded as an accessory building and shall conform
to the building and zoning regulations of the city. The loft shall conform in
design with the principal building on the premises.
Richfield City Code 905.39, Subd. 4
,e
(Rev. 1996)
10)
Subd. 4. License fee. The annual license fee is as fixed in appendix D.
The license year is from April 1 to March 31.
Subd. 5. Limitation on number. Not more than 25 pigeons may be kept at
any one time on any licensed premises. At the time of issuing the license,
however, the council may issue a license for a lesser number. It is a violation
of this subsection to keep more pigeons on licensed premises than the number
authorized in the license.
Subd. 6. Other restrictions. Premises on which pigeons are kept and
maintained shall be kept reasonably clean from filth, garbage and any substances
which attract rodents, at all times. The loft and its surroundings must be
cleaned daily. The loft must be constructed and maintained so as to be fly-free
and rodent-proof. Pigeons shall be fed within the confines of the loft on the
premises on which the pigeons are housed. The pigeons must be confined to the
loft except for short periods of exercise during which they may be permitted to
fly outside the loft. Grains and food stored for the use of pigeons on any
licensed premises shall be kept in rodent-free containers. The loft shall be
elevated a minimum of six inches and a maximum of 12 inches above grade to insure
freeway beneath the loft. The loft shall rest upon concrete footings and piers,
cement blocks or other suitable foundation material. The loft shall have a
maximum height of nine feet. Pigeons may not be kept in such a manner as to
constitute a nuisance to the occupants of adjacent property.
905.40. Feeding of deer and raccoons prohibited. Subdivision 1. Prohibition.
No person shall provide. liquids or edible material to deer or raccoons within the
boundaries of the city.
Subd. 2. Exception. This subsection does not apply to veterinarians, city
animal wardens, or county, state or federal game officials who in the course of
their duties have deer or raccoons in their custody or under their management.
(Added, Bill No. 1993-13)
905.41. Maintenance of non-domestic animals, amphibians, reptiles and insects.
Subdivision 1. Definition. "Domestic animals" means and includes dogs, cats,
birds kept indoors, hamsters, chinchillas, rabbits, lizards and snakes capable
of being maintained continuously in cages, caterpillars and other living
creatures generally referred to as domestic pets.
Subd. 2. Maintenance of non-domestic creatures prohibited. All other
living creatures not enumerated or covered in subdivision 1 are considered
non-domestic creatures and the maintenance thereof is considered a nuisance and
punishable pursuant to this part.
Subd. 3. Impounding of non-domestic creatures. Any non-domestic creature
kept in violation of subdivision 2 may be impounded by the city, and, after being
so impounded for three days or more without being reclaimed by the owner, may be
destroyed or sold. Any person reclaiming the impounded animal shall pay the
costs of impounding and keeping the same.
Richfield City Code 905.41, Subd. 4
(Rev. 1996)
Subd. 4. Temporary permits. The city manager may grant temporary permits,
for a period not to exceed 60 days, for the keeping of any non-domestic animals
for use in connection with an exhibition or seasonal display thereof, provided
that the city manager finds that such animals are not likely to be dangerous;
that they will be kept in safe and sanitary surroundings; that they will not be
maintained in an inhumane manner or be subjected to inhumane treatment; and that
their presence on the premises will not be a source of nuisance or annoyance to
the occupants of adjacent property. In granting the permit, the city manager may
impose limitations upon the permit to insure that the animals will be kept under
such conditions. No person having a permit to keep animals without maintaining
the conditions or abiding by the limitations imposed. A permit shall be subject
to immediate suspension by the city manager if the manager determines that the
animals constitute a safety or sanitary hazard, are being subjected to inhumane
treatment or conditions, or are a source of nuisance. The suspension shall
remain in effect until the subsequent meeting of the city council at which the
city council may revoke the permit or may reinstate the same subject to such
limitations as the council shall deem necessary.
Subd. 5. Fees. The permit fee is fixed in appendix D.
L-211
Richfield City Code
Section 930 - Noise control
930.01
930.01. Subdivision 1. Definitions. For purposes of this section the terms
defined in this subdivision have the meanings given them.
Subd. 2. "L10 Level" means the noise level, expressed in dBA, which is
exceeded by ten percent of the time for a one hour survey as measured by test
procedures formulated by the City's Department of Public Safety.
Subd. 3. "Motor Vehicle" means (i) any self-propelled vehicle not operated
exclusively upon railroad tracks, (ii) any vehicle propelled or drawn by any
self-propelled vehicle, and (iii) vehicles known as trackless trolleys which are
propelled by electric power obtained from overhead trolley wires not operated
upon rails. The term does not include snowmobiles.
Subd. 4. "Snowmobile" means a self-propelled vehicle designed for travel
on snow or ice steered by skis, skids or runners.
Subd. 5. "Daytime" means that part of each calendar day between the hours
of 7:00 a.m. and 10:00 p.m.
Subd. 6. "Nighttime" means that part of each calendar day between the
hours of midnight and 7:00 a.m. and between 10:00 p.m. and midnight.
930.03. Adoption of Regulations by Reference. The following state agency
regulations are adopted by reference: Minnesota Pollution Control Agency, Noise
Pollution Control Section, 6 MCAR §4.2004 and NPC 1.
930.05. Receiving Land Use Standards. Subdivision 1. Maximum Noise Levels by
Receiving Land Use District. No person shall operate or cause to be operated or
permit any source of noise in such a manner as to create a noise level exceeding
the limits set in Table I for the receiving land use category specified therein
when measured at the property line of the receiving use which is closest to the
source.
Table I
L10 Noise Limits by Receiving Zoning Districts
Zoning Districts Daytime Nighttime
Industrial (I) 70 dBA 70 dBA
General Commercial (C-2) 65 dBA 65 dBA
Neighborhood Commercial (C-2) 60 dBA 60 dBA
Residential (R, MR) 60 dBA 50 dBA
Subd. 2. Exceptions. The noise limits prescribed in subdivision 1 shall
not apply to the following:
(a) noises originating from public streets and alleys.
Richfield City Code 930.05, Subd. 2 (b)
(b) construction activities described in subsection 930.09.
6
(c) situations in which public health and safety require that immediate
work be done on any property the performance of which exceeds the sound levels
permitted for that time of day or for that day.
(d) situations in which the purpose of the sound is to alert persons to an
emergency or for the purpose of testing any alarm system.
930.07. Outdoor Implements. No person may operate any outdoor power implement,
including but not limited to lawn mowers, hedge clippers, chain saws or other
implements designed primarily for outdoor use, at any time other than between
the hours of 7:00 a.m. and 10:00 p.m. on weekdays and 8:00 a.m. and 10:00 p.m.
on public holidays, Saturdays and Sundays, except that snowblowers shall not be
operated at any time other than between the hours of 6:00 a.m. and 10:00 p.m.
any day of the week. All implements shall be effectively muffled so as to
prevent the emission of loud and explosive noises or noise exceeding the limits
specified in Table I.
930.09. Construction activities. Construction activity involving the use of
power equipment which does not generate a sound level in excess of 85 dBA,
measured 50 feet beyond the property line of the source, may be operated in all
zones between the hours of 7:00 a.m. and 10:00 p.m. daily. All other con-
struction activity may be carried out only between the hours of 7:00 a.m. and
10:00 p.m. on weekdays and 8:00 a.m. and 10:00 p.m. on Saturdays.
930.11. Air circulation devices. No person may permanently install or place
any sound emitting air circulation device or other mechanical equipment, except
a window air conditioning unit, in any outdoor location without first obtaining
a permit for the installation. The sound level produced by any window unit and
by any existing air circulating or mechanical device shall be attenuated in the
manner required by the director of public safety. Such requirements may
include, but are not limited to, relocation of the device if the noise results
or contributes to sound levels in excess of those specified in Table I.
930.13. Motor Vehicles. Subdivision 1. General restrictions. No person may
operate a motor vehicle or combination of vehicles in such a manner as to exceed
the noise limits contained in Pollution Control Agency Rules, 6 MCAR 4.2004.
Subd. 2. Idling of motor vehicles. No person may operate or permit the
operation of any motor vehicle or any auxillary equipment attached to such
vehicle, for a period of more than 10 minutes in any hour while such vehicle is
stationary, for reasons other than congested traffic, or either (i) public right
of way or (ii) other public property within 150 feet of any residential zone at
any time between the hours of 10:00 p.m. of one day and 8:00 a.m. of the
following day.
Subd. 3. Motor vehicle in disrepair. No person may operate any motor
vehicle -in such a condition of disrepair as to create loud or unnecessary
grating, grinding, rattling or other noise.
Richfield City Code 930.13, Subd. 4
k.
Subd. 4. Loading of vehicles. No person may create any loud and excessive
noise in connection with the unloading or unpacking of any vehicle.
Subd. 5. Muffler required. No person may permit the discharge into the
open air of emissions from an internal combustion engine except through a
muffler or other device which will effectively prevent loud or explosive noises
issuing therefrom.
930.15. Keeping of Animals. The keeping of a dog, cat or other animal which.
by reason of noise caused by it or by its presence, annoys other persons who are
in the neighborhood is a public nuisance and is unlawful. Upon the receipt of a
written complaint of such annoyance by the occupants of two or more neighboring
properties, the city shall notify the owner of the animal that the nuisance must
be abated within 48 hours. Failure to obey the notice is a violation of this
subsection.
930.17. Refuse Hauling and Snow Plowing. The operation of vehicles used for
the hauling of refuse on private property shall be limited in residential
districts, and within 50 feet of such districts, to the period between 7:00 a.m.
and 10:00 p.m. on weekdays. The operation of vehicles for snow plowing on
private property shall be limited in residential districts and within 50 feet of
such districts to the period from 6:00 a.m. and 10:00 p.m. any day of the week.
930.19. Horns and Signaling Devices. The following uses of horns or other
signaling devices are unlawful:
(a) the sounding of any horn or signaling device on any automobile,
motorcycle or other vehicle and upon any locomotive, except as a danger warning;
(b) the creation by means of any signaling device of any unreasonably
loud or harsh sound; and
(c) the sounding of any device for an unnecessary and unreasonable
period of time.
930.21. Radios, Phoyiagraphs, Paging Systems: Except Advertising. No person
may use or operate or permit the use or operation of any radio receiver, musical
instrument, phonograph, paging system, machine or other device for the
production or reproduction of loud sounds so as to disturb the peace, quiet and
comfort of any person nearby. Operation of any set, instrument, phonograph,
machine or other device at any time between the hours of 10:00 p.m. of any day
and 7:00 a.m. of the next day in a manner distinctly audible at the property
line of the structure or building in which it is located, in the hallway or
apartment unit adjacent if located in an apartment unit, or at a distance of 50
feet if the source is located outside a structure or building, shall constitute
such a disturbance. The regulations contained in this subsection are not
applicable to licensed sound trucks and other similar advertising activities.
930.23. Radios, Phonographs, Paging Systems: Commercial Advertising. No
person may use or operate or permit the use or operation of any radio receiver,
musical instrument, phonograph, paging system or other device for the production
or reproduction of sound on any street or other public place, or audible at any
?. location, for the purpose of commercial advertising or attracting the attention
of the public to any commercial establishment or vehicle unless a license is
first obtained pursuant to chapter XI.
Richfield City Code 930.25
930.25. Noise Near Schools, Churches and Health Care Institutions. No person
may willfully create any excessive noise on any street, alley or public grounds
adjacent to any educational, religious or health care institution when the noise
unreasonably interferes with the conduct of the activities of the institution or
disturbs or unduly annoys its occupants or residents.
930.27. Hawking and Peddling. No hawker, peddler or vendor may make any noise
on a public street, whether by yelling, shouting or otherwise, which disturbs
the peace and quiet of the residents of the neighborhood.
930.29. Participation in Noisy Gatherings. At any time between the hour of
10:00 p.m. of any day and 7:00a.m. of the following day no person may congregate
because of, or participate in, any party or gathering of people from which noise
emanates of sufficient volume to disturb the peace, quiet or repose of persons
residing in any multiple residence or place where the party or gathering is
taking place, except persons who have gone there for the sole purpose of abating
the disturbance.
930.31. Additional Restrictions. Notwithstanding any other provision of this
section no person may make, continue or cause to be made or continued, any loud,
unnecessary or unusual noise or any noise which disturbs, injures or endangers
the comfort, repose, health, peace or safety of others within the limits of the
city.
930.33. Administration and Enforcement. Subdivision 1. Responsible official.
The manager, acting personally or through his designee, shall administer and
enforce the noise control regulations contained in this section.
Subd. 2. Testing Procedures. The manager shall adopt guidelines estab-
lishing the test procedures and instrumentation to be used in enforcing the
provisions of this section.
930.35. Noise Variances. Subdivision 1. Authority. The council and manager
may, consistent with this subsection, grant variances from the requirements of
any provision of this section.
Subd. 2. Application. A person seeking a variance shall file an
application with the manager on forms prescribed by the manager. The applica-
tion shall state the dates during which the variance is proposed, the location
of the noise source, the time of operation of the noise source, the nature of
the noise source, the reasons why the variance is sought, the steps which will
be taken to minimize the noise level and such other information as is required
by the manager.
?j
Richfield City Code 1200.01, Subd. 9
Subd. 9. "Veterans organization" or "club" means an incorporated and
congressionally chartered veterans organization which (i) has been existence for
at least ten years, (ii) which has more than 50 active members, (iii) has, for
more than one year, owned or leased a building or space in a building of such
extent and character as may be suitable and adequate for the reasonable and
comfortable accommodation of its members, and (iv) whose affairs and management
are conducted by a board of directors, executive committee or other similar body
chosen by the members at a meeting held for that purpose, none of whose members,
officers, agents, or employees are paid directly or indirectly any compensation
by way of profit from the distribution or sale of beverages to the members of
the organization, or its guests beyond the amount of such reasonable salary or
wages as may be fixed and voted each year by the directors or other government
body.
1200.03. License: general rule. No person, except wholesalers or manufacturers
authorized under state license, may directly or indirectly deal in, sell, or
keep for sale any intoxicating liquor for sale without first having received a
license to do so as provided in this subsection. Licenses shall be issued only
to hotels and restaurants. No more than seven licenses may be issued.
1200.05. Applications. Subdivision 1. Filing. An application for an
license shall be verified and filed with the city clerk.
Subd. 2. Contents of application. In addition to information which may be
required by the commissioner, the applicant shall state whether the applicant is
a natural person, corporation, partnership, or other form of organization.
Subd. 3. Additional information: natural persons. If the applicant is a
natural person, the following information shall be furnished:
(a) true name, place and date of birth, and street residence address of
applicant;
(b) whether applicant has ever used or been known by a name other than his
true name, and if so, what was such name, or names, and information concerning
dates and places where used;
(c) the name of the business if it is to be conducted under a designation,
name or style other than the full individual name of the applicant;
(d) whether applicant is married or single. If married, true name, place
and date of birth and street residence address of applicant's present spouse;
(e) whether applicant and present spouse are registered voters, and, if
so, where;
(f) street addresses at which applicant and present spouse have lived
during the preceding ten years;
Richfield City Code 1210.01 (Rev. 1995)
Section 1210 - Nonintoxicating liquor: beer
lon-
9i
1210.01. Sale and Dispensation of Nonintoxicating Malt Liquors. Subdivision 1.
Definitions. For purposes of this section the terms defined in this subsection
have the meanings given them.
Subd. 2. "Club" has the meaning given by Minnesota Statutes, section
340A.101.
Subd. 3. "Nonintoxicating malt liquor" or "beer" means malt liquor con-
taining not less than one-half of one percent alcohol by volume nor more than 3.2
percent alcohol by weight.
Subd. 4. "Off-sale" means the sale of beer in the original packages for
consumption off the licensed premises only.
Subd. 5. "On-sale" means the sale of beer for consumption on the licensed
premises only.
1201.03. Limitation on application. Nothing in this section shall be construed
to prohibit or restrict the serving of nonintoxicating malt liquor to guests in
a private home, except that it shall be unlawful for a minor to consume any
intoxicating or nonintoxicating malt liquor unless in the household of the parent
or guardian of the minor. The council may also permit any nonprofit social
organization, lodge, labor organization, political party, church or corporation
not included in the definition of bona fide club to serve nonintoxicating malt
liquor without a license free of charge, for a period not exceeding 12 hours and
not more than three times per calendar year. "Political party" as used in this
subsection includes city-wide political organizations but -does not include
individual candidates or the campaign committees of individual candidates.
1210.05. License required. No person may sell nonintoxicating malt liquor in
the city without the license issued pursuant to this section. Application shall
be made at least 30 days prior to the date desired for the license period.
1210.07. Types of licenses. Subdivision 1. On-sale licenses. On-sale licenses
may be granted only to restaurants, hotels, clubs and establishments having food
licenses, provided that no nonintoxicating malt liquor manufacturer or wholesaler
has any interest in such business. Such licenses are for retail sales of
nonintoxicating malt liquor only. No more than 15 on-sale licenses may be
issued. (Amended,. Bill No. 1987-23; Bill No. 1994-2; Bill No. 1995-16)
Subd. 2. Off-sale licenses. Off-sale licenses may be granted for the sale
of nonintoxicating malt liquor for consumption off the premises.
Subd. 3. Temporary licenses. Temporary licenses may be granted to clubs,
or charitable, religious or non-profit social organizations, labor organizations,
political parties, churches or similar corporations. The term "political party"
means a city-wide political party organization but does not include individual
candidates or their campaign committees.
Subd. 4. Tavern licenses. Tavern licenses may be granted to holders of
on-sale licenses on whose premises dancing may be lawfully permitted.
1210.09. Contents of application. Persons desiring nonintoxicating malt liquor
licenses shall make application to the clerk. Applications shall include:
-.9
Richfield City Code 920..03, Subd. 7 (b)
(b) Each licensed manufacturer or dealer shall transmit to the director of
public safety within 24 hours a notification of all sales of pistols made at
retail, giving the information required by paragraph (a) above.
(c) All firearms must be securely wrapped and unloaded when delivered.
(d) All licensees must be at least 21 years of age.
(e) No person may, in applying for a license as a manufacturer or dealer,
give false identification or offer false evidence of his identity.
(f) No dealer may display any firearm, imitation thereof, or placard
advertising the sale thereof where it can be readily seen from outside the
premises.
920.05. Unlawful Disposition of Firearms. No dealer may sell, lease, lend or
otherwise transfer a firearm to any person whom the dealer knows or has reason-
able cause to believe has been convicted of a crime of violence, is a fugitive
from justice, is of unsound mind, is a drug addict or a habitual drunkard, or
who is a member of a subversive organization as defined in state law.
920.07. Adoption by reference: handguns. Minnesota Statutes, sections 624.711
to 624.717 are adopted by reference.
920.09. Adoption by reference: fireworks. Minnesota Statutes, sections 624.20
to 624.25 are adopted by reference.
920.11. Weapons. Subdivision 1. General rule. It is unlawful for a person to
discharge a firearm or other weapon in the city except as provided in this
subsection.
Subd. 2. Archery. It is unlawful to discharge an arrow from a bow except
on private property with the consent of the owner of the property and on public
property designated for such activity.
Subd. 3. Hunting. Hunting with dogs, weapons or both is prohibited in the
city.
Subd. 4. Exceptions. A weapon of any type may be discharged in the city
by:
a) peace officers in carrying out their official duty;
b) persons engaged in target shooting at inanimate objects within an
enclosed structure which is soundproofed to prevent the sound to be heard by
persons on adjoining property; or
c) persons acting in self-defense as permitted by law.
CHAPTER 152
PROHIBITED DRUGS
DEFINITIONS AND SCHEDULES OF CONTROLLED SUBSTANCES
152.01 Definitions.
Subdivision 1. Words, terms, and phrases. Unless the language or
context clearly indicates that a different meaning is intended, the
following words, terms, and phrases, for the purposes of this chapter,
shall be given the meanings subjoined to them.
Subd. 2. Drug. The term "drug" includes all medicines and
preparations recognized in the United States Pharmacopoeia or National
Formulary and any substance or mixture of substances intended to be used
for the cure, mitigation, or prevention of disease of either humans or
other animals.
Subd. 3. MS 1967 Repealed, 1969 c 933 s 22
Subd. 3. Administer. "Administer" means to deliver by, or pursuant
to the lawful order of a practitioner a single dose of a controlled
substance to a patient or research subject by injection, inhalation,
ingestion, or by any other immediate means.
Subd. 3a. Cocaine. "Cocaine" means coca leaves and any salt,
compound, derivative, or preparation of coca leaves, including cocaine
nd ecgonine, the salts and isomers of cocaine and ecgonine, and the
salts of their isomers and any salt, compound, derivative, or preparation
thereof that is chemically equivalent or identical with any of those
substances, except decocainized coca leaves or extraction of coca leaves,
which extractions do not contain cocaine or ecgonine.
Subd. 4. MS 1967 Repealed, 1969 c 933 s 22
Subd. 4. Controlled substance. "Controlled substance" means a drug,
substance, or immediate precursor in Schedules I through V of section
152.02. The term shall not include distilled spirits, wine, malt
beverages, intoxicating liquors or tobacco.
Subd. 5. Repealed, 1971 c 937 s 22
Subd. 5a. Hallucinogen. "Hallucinogen" means any hallucinogen listed
in section 152.02, subdivision 2, clause (3), or Minnesota Rules, part
6800.4210, item C, except marijuana and Tetrahydrocannabinols.
Subd. 6. Pharmacist intern. The term "pharmacist intern" means a
natural person, a graduate of the college of pharmacy, University of
Minnesota, or other pharmacy college, approved by the board, or a person
satisfactorily progressing toward the degree in pharmacy required for
0
licensure, registered by the state board of pharmacy, for the purpose of
obtaining practical experience as a requirement for licensure as a
pharmacist or a qualified applicant, awaiting licensure.
0 Subd. 7. Manufacture. "Manufacture," in places other than a
pharmacy, means and includes the production, cultivation, quality
control, and standardization by mechanical, physical, chemical, or
pharmaceutical means, packing, repacking, tableting, encapsulating,
labeling, relabeling, filling, or by other process, of drugs.
Subd. S. Dispense. "Dispense" means to deliver one or more doses of
a controlled substance in a suitable container, properly labeled, for
subsequent administration to, or use by a patient or research subject.
Subd. 9. Marijuana. "Marijuana" means all parts of the plant of any
species of the genus cannabis, including all agronomical varieties,
whether growing or not; the seeds thereof; the resin extracted from any
part of such plant; and every compound, manufacture, salt, derivative,
mixture, or preparation of such plant, its seeds or resin, but shall not
include the mature stalks of such plant, fiber from such stalks, oil or
cake made from the seeds of such plant, any other compound, manufacture,
salt, derivative, mixture, or preparation of such mature stalks, except
the resin extracted therefrom, fiber, oil, or cake, or the sterilized
seed of such plant which is incapable of germination.
Subd. 9a. Mixture. "Mixture" means a preparation, compound, mixture,
or substance containing a controlled substance, regardless of purity.
Subd. 10. Narcotic drug. "Narcotic drug" means any of the
Wollowing, whether produced directly or indirectly by extraction from
substances of vegetable origin, or independently by means of chemical
synthesis, or by a combination of extraction and chemical synthesis:
(1) opium, coca leaves, and opiates;
(2) A compound, manufacture, salt, derivative, or preparation of
opium, coca leaves, or opiates;
(3) A substance, and any compound, manufacture, salt, derivative, or
preparation thereof, which is chemically identical with any of the
substances referred to in clauses (1) and (2), except that the words
"narcotic drug" as used in this chapter shall not include decocainized
coca leaves or extracts of coca leaves, which extracts do not contain
cocaine or ecgonine.
Subd. 11. Opiate. "Opiate" means any dangerous substance having an
addiction forming or addiction sustaining liability similar to morphine
or being capable of conversion into a drug having such addiction forming
or addiction sustaining liability.
Subd. 12. Opium poppy. "Opium poppy" means the plant of the species
Papaver somniferum L., except the seeds thereof.
•
Subd. 12a. Park zone. "Park zone" means an area designated as a
public park by the federal government, the state, a local unit of
0-overnment, a park district board, or a park and recreation board in a
city of the first class. "Park zone" includes the area within 300 feet
or one city block, whichever distance is greater, of the park boundary.
Subd. 13. Person. "Person" includes every individual,
copartnership, corporation or association of one or more individuals.
Subd. 14. Poppy straw. "Poppy straw" means all parts, except the
seeds, of the opium poppy, after mowing.
Subd. 14a. School zone. "School zone" means:
(1) any property owned, leased, or controlled by a school district or
an organization operating a nonpublic school, as defined in section
123.932, subdivision 3, where an elementary, middle, secondary school,
secondary vocational center or other school providing educational
services in grade one through grade 12 is located, or used for
educational purposes, or where extracurricular or cocurricular activities
are regularly provided;
(2) the area surrounding school property as described in clause (1)
to a distance of 300 feet or one city block, whichever distance is
greater, beyond the school property; and
(3) the area within a school bus when that bus is being used to
.transport one or more elementary or secondary school students.
Subd. 15. Immediate precursor. "Immediate precursor" means a
substance which the state board of pharmacy has found to be and by rule
designates as being the principal compound commonly used or produced for
use, and which is an immediate chemical intermediary used or likely to be
used in the manufacture of a controlled substance, the control of which
is necessary to prevent, curtail, or limit such manufacture.
Subd. 15a. Sell. "Sell" means:
(1) to sell, give away, barter, deliver, exchange, distribute or
dispose of to another, or to manufacture; or
(2) to offer or agree to perform an act listed in clause (1); or
(3) to possess with intent to perform an act listed in clause (1).
Subd. 16. Small amount. "Small amount" as applied to marijuana means
42.5 grams or less. This provision shall not apply to the resinous form
of marijuana.
Subd. 16a. Subsequent controlled substance conviction. "Subsequent
controlled substance conviction" means that before commission of the
0
offense for which the person is convicted under this chapter, the person
was convicted in Minnesota of a felony violation of this chapter or a
felony-level attempt or conspiracy to violate this chapter, or convicted
0-lsewhere for conduct that would have been a felony under this chapter if
committed in Minnesota. An earlier conviction is not relevant if ten
years have elapsed since: (1) the person was restored to civil rights;
or (2) the sentence has expired, whichever occurs first.
Subd. 17. Repealed, 1994 c 636 art 2 s 69
Subd. 18. Drug paraphernalia. "Drug paraphernalia" means all
equipment, products, and materials of any kind, except those items used
in conjunction with permitted uses of controlled substances under this
chapter or the Uniform Controlled Substances Act, which are knowingly or
intentionally used primarily in (1) manufacturing a controlled substance,
(2) injecting, ingesting, inhaling, or otherwise introducing into the
human body a controlled substance, (3) testing the strength,
effectiveness, or purity of a controlled substance, or (4) enhancing the
effect of a controlled substance.
Subd. 19. Public housing zone. "Public housing zone" means any
public housing project or development administered by a local housing
agency, plus the area within 300 feet of the property's boundary, or one
city block, whichever distance is greater.
Subd. 20. Unlawfully. "Unlawfully" means selling or possessing a
controlled substance in a manner not authorized by law.
Subd. 21. Orphan drug. "Orphan drug" means a drug for a disease or
06ondition which is rare in the United States and has been designated as
an orphan drug by the Secretary of Health and Human Services as provided
in the Orphan Drug Act, Public Law Number 92-414, as amended.
(3899-2, 3899-5, 3899-7, 3906-12) 1921 c 190 s 2,5,7; 1939 c 102 s 2;
1967 c 408 s 1,2; 1971 c 937 s 1-11; Ex1971 c 38 s 1; Ex1971 c 48 s 17;
1973 c 693 s 1; 1979 c 157 s 1; 1981 c 37 s 2; 1981 c 295 s 1; 1982 c 557
s 1; 1982 c 642 s 22; 1985 c 248 s 70; 1986 c 444; 1987 c 298 s 1; 1989 c
290 art 3 s 1-7; 1991 c 279 s 1,2; 1992 c 359 s 1-3; 1993 c 82 s 1
152.02 MS 1967 u Repealed, 1969 c 933 s 22
0
CHAPTER 609
CRIMINAL CODE
609.72 Disorderly conduct.
Subdivision 1. Whoever does any of the following in a public or
private place, including on a school bus, knowing, or having reasonable
grounds to know that it will, or will tend to, alarm, anger or disturb
others or provoke an assault or breach of the peace, is guilty of
disorderly conduct, which is a misdemeanor:
(1) Engages in brawling or fighting; or
or
(2) Disturbs an assembly or meeting, not unlawful in its character;
(3) Engages in offensive, obscene, abusive, boisterous, or noisy
conduct or in offensive, obscene, or abusive language tending reasonably
to arouse alarm, anger, or resentment in others.
A person does not violate this section if the person's disorderly
conduct was caused by an epileptic seizure.
Subd. 2. Repealed, 1969 c 226 s 1
Subd. 3. Caregiver; penalty for disorderly conduct. A caregiver, as
efined in section 609.232, who violates the provisions of subdivision 1
49gainst a vulnerable adult, as defined in section 609.232, may be
sentenced to imprisonment for not more than one year or to payment of a
fine of not more than $3,000, or both.
1963 c 753 art 1 s 609.72; 1967 c 242 s 1; 1971 c 23 s 71; 1988 c 689
art 2 s 236; 1991 c 279 s 34; 1994 c 636 art 2 s 46; 1995 c 229 art 2 s 7
0
CHAPTER 340A
LIQUOR
340A.701 Felonies.
Subdivision 1. Unlawful acts. It is a felony:
(1) to manufacture alcoholic beverages in violation of this chapter;
(2) to transport or import alcoholic beverages into the state in
violation of this chapter for purposes of resale; or
(3) to sell or give away for beverage purposes poisonous alcohol,
methyl alcohol, denatured alcohol, denaturing material, or any other
alcoholic substance capable of causing serious physical or mental
injuries to a person consuming it; or
(4) for a person other than a licensed retailer of alcoholic
beverages, a bottle club permit holder, a municipal liquor store, or an
employee or agent of any of these who is acting within the scope of
employment, to violate the provisions of section 340A.503, subdivision 2,
clause (1), by selling alcoholic beverages if the underage purchaser of
the alcoholic beverage becomes intoxicated and causes or suffers death or
great bodily harm as a result of the intoxication.
Subd. 2. Presumptive sentence. In determining an appropriate
disposition for a violation of subdivision 1, clause (4), the court shall
resume that a stay of execution with a 90-day period of incarceration as
a condition of probation shall be imposed unless the defendant's criminal
history score determined according to the sentencing guidelines indicates
a presumptive executed sentence, in which case the presumptive executed
sentence shall be imposed unless the court departs from the sentencing
guidelines under section 244.10. A stay of imposition of sentence may be
granted only if accompanied by a statement on the record of the reasons
for it.
1985 c 305 art 9 s 1; 1987 c 152 art 1 s 1; 1989 c 290 art 7 s 1
0
CHAPTER 340A
LIQUOR
340A.702 Gross misdemeanors.
It is a gross misdemeanor:
(1) to sell an alcoholic beverage without a license authorizing the
sale;
(2) for a licensee to refuse or neglect to obey a lawful direction or
order of the commissioner or the commissioner's agent, withhold
information or a document the commissioner calls for examination,
obstruct or mislead the commissioner in the execution of the
commissioner's duties or swear falsely under oath;
(3) to violate the provisions of sections 340A.301 to 340A.312;
(4) to violate the provisions of section 340A.508;
(5) for any person, partnership, or corporation to knowingly have or
possess direct or indirect interest in more than one off-sale
intoxicating liquor license in a municipality in violation of section
340A.412, subdivision 3;
(6) to sell or otherwise dispose of intoxicating liquor within 1,000
feet of a state hospital, training school, reformatory, prison, or other
nstitution under the supervision and control, in whole or in part, of
the commissioner of human services or the commissioner of corrections;
(7) to violate the provisions of section 340A.502;
(8) except as otherwise provided in section 340A.701, to violate the
provisions of section 340A.503, subdivision 2, clause (1) or (3);
(9) to withhold any information, book, paper, or other thing called
for by the commissioner for the purpose of an examination;
(10) to obstruct or mislead the commissioner in the execution of the
commissioner's duties; or
(11) to swear falsely concerning any matter stated under oath.
1985 c 305 art 9 s 2; 1Sp1986 c 3 art 1 s 45; 1987 c 152 art 1 s 1;
1989 c 209 art 2 s 1; 1989 c 290 art 7 s 2
CHAPTER 340A
LIQUOR
340A.703 Misdemeanors.
Where no other penalty is specified a violation of any provision of
this chapter is a misdemeanor.
1985 c 305 art 9 s 3; 1987 c 152 art 1 s 1
U
11
CHAPTER 609
CRIMINAL CODE
609.321 Prostitution; definitions.
Subdivision 1. For the purposes of sections 609.321 to 609.324, the
following terms have the meanings given.
Subd. 2. "Business of prostitution" means any arrangement between or
organization of two or more persons, acting other than as prostitutes or
patrons, who commit acts punishable under sections 609.321 to 609.324.
Subd. 3. "Force" includes, but is not limited to, assault, as
defined in this chapter, and coercion, as defined in section 609.27.
Subd. 4. "Patron" means an individual who hires or offers or agrees
to hire another individual to engage in sexual penetration or sexual
contact.
Subd. 5. "Place of prostitution" means a house or other place where
prostitution is practiced.
Subd. 6. "Position of authority" means the circumstances under which
an individual is charged, no matter how briefly, whether by delegation or
otherwise, with rights, duties or responsibilities for the health,
welfare or supervision of another individual.
0 Subd. 7. "Promotes the prostitution of an individual" means any of
the following wherein the person knowingly:
(1) Solicits or procures patrons for a prostitute; or
(2) Provides, leases or otherwise permits premises or facilities
owned or controlled by the person to aid the prostitution of an
individual; or
(3) Owns, manages, supervises, controls, keeps or operates, either
alone or with others, a place of prostitution to aid the prostitution of
an individual; or
(4) Owns, manages, supervises, controls, operates, institutes, aids
or facilitates, either alone or with others, a business of prostitution
to aid the prostitution of an individual; or
(5) Admits a patron to a place of prostitution to aid the
prostitution of an individual; or
(6) Transports an individual from one point within this state to
another point either within or without this state, or brings an
individual into this state to aid the prostitution of the individual.
Subd. 8. "Prostitute" means an individual who engages in
prostitution.
0 Subd. 9. "Prostitution" means engaging or offering or agreeing to
engage for hire in sexual penetration or sexual contact.
Subd. 10. "Sexual contact" means any of the following acts, if the
acts can reasonably be construed as being for the purpose of satisfying
the actor's sexual impulses:
(i) The intentional touching by an individual of a prostitute's
intimate parts; or
(ii) The intentional touching by a prostitute of another individual's
intimate parts.
Subd. 11. "Sexual penetration" means any of the following acts, if
for the purpose of satisfying sexual impulses: sexual intercourse,
cunnilingus, fellatio, anal intercourse, or any intrusion however slight
into the genital or anal openings of an individual's body by any part of
another individual's body or any object used for the purpose of
satisfying sexual impulses. Emission of semen is not necessary.
Subd. 12. A "public place" means a public street or sidewalk, a
pedestrian skyway system as defined in section 469.125, subdivision 4, a
hotel, motel, or other place of public accommodation, or a place licensed
to sell intoxicating liquor, wine, nonintoxicating malt beverages, or
food.
0 1979 c 255 s 1; 1986 c 444; 1987 c 291 s 242
0
CHAPTER 609
CRIMINAL CODE
609.66 Dangerous weapons.
Subdivision 1. Misdemeanor and gross misdemeanor crimes. (a) Whoever
does any of the following is guilty of a crime and may be sentenced as
provided in paragraph (b):
(1) recklessly handles or uses a gun or other dangerous weapon or
explosive so as to endanger the safety of another; or
(2) intentionally points a gun of any kind, capable of injuring or
killing a human being and whether loaded or unloaded, at or toward
another; or
(3) manufactures or sells for any unlawful purpose any weapon known
as a slungshot or sand club; or
(4) manufactures, transfers, or possesses metal knuckles or a switch
blade knife opening automatically; or
(5) possesses any other dangerous article or substance for the
purpose of being used unlawfully as a weapon against another; or
(6) outside of a municipality and without the parent's or guardian's
consent, furnishes a child under 14 years of age, or as a parent or
consent,
permits the child to handle or use, outside of the parent's or
guardian's presence, a firearm or airgun of any kind, or any ammunition
or explosive.
Possession of written evidence of prior consent signed by the minor's
parent or guardian is a complete defense to a charge under clause (6).
(b) A person convicted under paragraph (a) may be sentenced as
follows:
(1) if the act was committed in a public housing zone, as defined in
section 152.01, subdivision 19, a school zone, as defined in section
152.01, subdivision 14a, or a park zone, as defined in section 152.01,
subdivision 12a, to imprisonment for not more than one year or to payment
of a fine of not more than $3,000, or both; or
(2) otherwise, including where the act was committed on residential
premises within a zone described in clause (1) if the offender was at the
time an owner, tenant, or invitee for a lawful purpose with respect to
those residential premises, to imprisonment for not more than 90 days or
to payment of a fine of not more than $700, or both.
Subd. 1a. Felony crimes; silencers prohibited; reckless discharge.
E
(a) Whoever does any of the following is guilty of a felony and may be
sentenced as provided in paragraph (b):
(1) sells or has in possession any device designed to silence or
muffle the discharge of a firearm;
(2) intentionally discharges a firearm under circumstances that
endanger the safety of another; or
(3) recklessly discharges a firearm within a municipality.
(b) A person convicted under paragraph (a) may be sentenced as
follows:
(1) if the act was committed in a public housing zone, as defined in
section 152.01, subdivision 19, a school zone, as defined in section
152.01, subdivision 14a, or a park zone, as defined in section 152.01,
subdivision 12a, to imprisonment for not more than five years or to
payment of a fine of not more than $10,000, or both; or
(2) otherwise, to imprisonment for not more than two years or to
payment of a fine of not more than $5,000, or both.
Subd. 1b. Felony; furnishing to minors. Whoever, in any municipality
of this state, furnishes a minor under 18 years of age with a firearm,
airgun, ammunition, or explosive without the prior consent of the minor's
parent or guardian or of the police department of the municipality is
guilty of a felony and may be sentenced to imprisonment for not more than
ten years or to payment of a fine of not more than $20,000, or both.
possession of written evidence of prior consent signed by the minor's
parent or guardian is a complete defense to a charge under this
subdivision.
Subd. lc. Felony; furnishing a dangerous weapon. Whoever recklessly
furnishes a person with a dangerous weapon in conscious disregard of a
known substantial risk that the object will be possessed or used in
furtherance of a felony crime of violence is guilty of a felony and may
be sentenced to imprisonment for not more than ten years or to payment of
a fine of not more than $20,000, or both.
Subd. Id. Felony; possession on school property. (a) Whoever
possesses, stores, or keeps a dangerous weapon or uses or brandishes a
replica firearm or a BB gun on school property is guilty of a felony and
may be sentenced to imprisonment for not more than two years or to
payment of a fine of not more than $5,000, or both.
(b) Whoever possesses, stores, or keeps a replica firearm or a BB gun
on school property is guilty of a gross misdemeanor.
(c) As used in this subdivision:
(1) "BB gun" means a device that fires or ejects a shot measuring .18
•
of an inch or less in diameter;
(2) "dangerous weapon" has the meaning given it in section 609.02,
Oubdivision 6;
(3) "replica firearm" has the meaning given it in section 609.713;
and
(4) "school property" means:
(i) a public or private elementary, middle, or secondary school
building and its grounds, whether leased or owned by the school; and
(ii) the area within a school bus when that bus is being used to
transport one or more elementary, middle, or secondary school students.
(d) This subdivision does not apply to:
(1) licensed peace officers, military personnel, or students
participating in military training, who are performing official duties;
(2) persons who carry pistols according to the terms of a permit;
(3) persons who keep or store in a motor vehicle pistols in
accordance with sections 624.714 and 624.715 or other firearms in
accordance with section 97B.045;
(4) firearm safety or marksmanship courses or activities conducted on
chool property;
(5) possession of dangerous weapons, BB guns, or replica firearms by
a ceremonial color guard;
(6) a gun or knife show held on school property; or
(7) possession of dangerous weapons, BB guns, or replica firearms
with written permission of the principal.
Subd. 1e. Felony; drive-by shooting. (a) Whoever, while in or having
just exited from a motor vehicle, recklessly discharges a firearm at or
toward a person, another motor vehicle, or a building is guilty of a
felony and may be sentenced to imprisonment for not more than three years
on to payment of a fine of not more than $6,000, or both. If the vehicle
or building is occupied, the person may be sentenced to imprisonment for
not more than five years or to payment of a fine of not more than
$10,000, or both.
(b) For purposes of this subdivision, "motor vehicle" has the meaning
given in section 609.52, subdivision 1, and "building" has the meaning
given in section 609.581, subdivision 2.
Subd. if. Gross misdemeanor; transferring a firearm without
0
background check. A person, other than a federally licensed firearms
dealer, who transfers a pistol or semiautomatic military-style assault
weapon to another without complying with the transfer requirements of
Oection 624.7132, is guilty of a gross misdemeanor if the transferee
possesses or uses the weapon within one year after the transfer in
furtherance of a felony crime of violence, and if:
(1) the transferee was prohibited from possessing the weapon under
section 624.713 at the time of the transfer; or
(2) it was reasonably foreseeable at the time of the transfer that
the transferee was likely to use or possess the weapon in furtherance of
a felony crime of violence.
Subd. lg. Felony; possession in courthouse or certain state
buildings. (a) A person who commits either of the following acts is
guilty of a felony and may be sentenced to imprisonment for not more than
five years or to payment of a fine of not more than $10,000, or both:
(1) possesses a dangerous weapon, ammunition, or explosives within
any courthouse complex; or
(2) possesses a dangerous weapon, ammunition, or explosives in any
state building within the capitol area described in section 15.50, other
than the National Guard Armory.
(b) Unless a person is otherwise prohibited or restricted by other
law to possess a dangerous weapon, this subdivision does not apply to:
0 (1) licensed peace officers or military personnel who are performing
official duties;
(2) persons who carry pistols according to the terms of a permit
issued under section 624.714 and who so notify the sheriff or the
commissioner of public safety, as appropriate;
(3) persons who possess dangerous weapons for the purpose of display
as demonstrative evidence during testimony at a trial or hearing or
exhibition in compliance with advance notice and safety guidelines set by
the sheriff or the commissioner of public safety; or
(4) persons who possess dangerous weapons in a courthouse complex
with the express consent of the county sheriff or who possess dangerous
weapons in a state building with the express consent of the commissioner
of public safety.
Subd. 2. Exceptions. Nothing in this section prohibits the
possession of the articles mentioned by museums or collectors of art or
for other lawful purposes of public exhibition.
1963 c 753 art 1 s 609.66; 1971 c 23 s 66; 1983 c 359 s 89; 1986 c
444; 1990 c 439 s 3,4; 1991 c 279 s 33; 1993 c 326 art 1 s 15-17; 1994 c
0
v
CHAPTER 260
JUVENILES
260.315 Contributing to need for protection or services or delinquency.
Any person who by act, word, or omission encourages, causes, or
contributes to the need for protection or services or delinquency of a
child, or to a child's status as a juvenile petty offender, is guilty of
a misdemeanor. This section does not apply to licensed social service
agencies and outreach workers who, while acting within the scope of their
professional duties, provide services to runaway children.
(8662) 1917 c 397 s 27; 1927 c 192 s 7; 1953 c 436 s 1; 1983 c 217 s
1; 1984 c 588 s 3; 1988 c 673 s 36; 1989 c 208 s 5
260.32 Repealed, 1959 c 685 s 53
260.33 Repealed, 1959 c 685 s 53
260.34 Repealed, 1959 c 685 s 53
•
I J
• CITY OF RICHFIELD, MINNESOTA
Study Session Letter No.41
Agenda October 7, 1997
Issue Statement:
Discussion of possible traffic calming measures for the neighborhood south of 76th
Street between 1-35W and Penn Avenue.
Background:
Traffic calming (such as traffic circles, diverters, street narrowing and turn restrictions) is
a fairly new approach to address neighborhood traffic problems. Traffic calming can
reduce the volume of traffic on a street, remove through traffic from a residential street,
reduce the speed of traffic, and/or improve safety for residents, pedestrians and
bicyclists.
In the past, residents have expressed concern about traffic due to the neighboring car
dealerships and other businesses. The Galyan's development will add slightly to the
traffic. City staff believe that traffic calming measures may address their concern. City
staff believe the public involvement process related to traffic calming is as important as
the end product.
• If approved by the Council, a neighborhood traffic calming study would begin
immediately. The process would consist of the collection of traffic data, creation of
options, meetings with the neighborhood and selection of a preferred option.
The City staff has already contacted the SEH consulting firm to begin collecting traffic
data in the area east of Penn Avenue and south of 76th Street. A meeting with the
residents has been scheduled for October 15 where several traffic calming approaches
will be submitted to the neighborhood for their review.
It is proposed that an initial traffic calming solution can be installed on a temporary
basis in a matter of weeks after the October 15, 1996 public meeting. Ongoing
evaluation of traffic calming will occur over several years and refinements can be made
based on neighborhood reaction to the steps taken.
It is important to remind residents that traffic calming measures need to remain in place
for at least several months at a time to allow motorists to adjust to the new traffic
patterns.
Recommended Motion:
No action needed at this time. The purpose of this discussion item is to review the
feasibility of pursuing traffic calming as a means of addressing concerns related to
• traffic in the residential neighborhood of the proposed Galyan's development.
• Basis of Recommendation:
1. Concern has been expressed about through traffic in the residential area to the west
of the proposed Galyan's redevelopment.
2. Traffic calming is one method of addressing neighborhood traffic management.
3. Staff will follow Council direction in an attempt to alleviate or reduce neighborhood
traffic concerns.
Alternative Recommendation:
The Council may direct the staff to implement a specific traffic diversion measure.
Discussion/Decision Mode:
This item is on the agenda of the October 7, 1996 Richfield City Council Study Session.
Members of the City staff will be available to discuss traffic calming techniques.
Respectfully submitted,
James 4.Prosser
• City Manager
JDP:cak
0
CITY OF RICHFIELD, MINNESOTA
Study Session Letter No. 40
Agenda October 7, 1996
Issue Statement:
Discussion of improvements for 76th Street, Sheridan Avenue to Xerxes Avenue.
Background:
Since an open house held on July 31, 1996, staff from the City and WSB & Associates
have visited with residents adjacent to 76th Street between Sheridan Avenue and
Xerxes Avenue to obtain comments and concerns regarding the proposed
improvements. Also, tests on the blacktop and on the soils below the road surface
have been performed.
The discussions with residents reveal that two alignment alternatives remain for Council
consideration:
• Resurfacing the roadway at the current width; and,
• Widening the roadway by two feet on both sides of the road.
The citizens' log, Attachment B, shows that most residents find both alignment options
are acceptable. However, widening of the road will bring the roadway closer to several
homes that are already very close to 76th Street. Several residents still adhered to a
long-term solution that would acquire a row of homes on the north side of 76th Street to
be purchased.
Residents living along 76th Street were also asked to evaluate three alternatives for
traffic control along 76th Street:
• Retain four-way stop signs at Vincent Avenue and at Sheridan Avenue
• Replace both four-way stop signs with one traffic signal at Upton Avenue; or,
• Replace both four-way stop signs with traffic signals at both locations.
Most residents along 76th Street accept the need to replace both sets of four-way stop
signs with a traffic signal at Upton Avenue. A record of their comments is attached to
this Study Session Letter (Attachment A).
Following the Council Study Session, there will be a second open house for residents in
the 76th Street neighborhood to review and comment on the two proposed alignment
alternatives, and the three options for traffic control.
Recommended Motion:
• No action required at this time. However, staff would like to review the concerns and
suggestions expressed by neighborhood residents with the Council.
Basis of Recommendation:
1. Improvement of 76th Street between Sheridan Avenue and Xerxes Avenue will be a
benefit to the neighborhood, the community and the traveling public.
2. Residents have had an opportunity to share their concerns and suggestions on the
current proposed improvements.
Alternative Recommendation:
None.
Discussion/Decision Mode:
This item is scheduled for the October 7, 1996 City Council Study Session. City staff
will be present to outline the concerns and suggestions of the residents and property
owners.
Respectfully submitted,
James ADrosser
City Manager
JDP:cak
•
ATTACHMENT A
76th STREET WEST HOME VISIT COMMENTS
August 27-28 & September 9, 1996
•
Resident Comments
1. Marge LeGault Not concerned with noise. House oriented away from 76th.
3009 - 76th Street Phone post -18" behind sidewalk - 1'-2' retaining wall must
be moved back. Opposed to removing sidewalk - need
electric wheelchair.
2. M.B. Anderson Concerned about weeds behind sidewalk - pave behind
7544 Upton Avenue sidewalk. Concerned w/grade for traffic signal. According
to Ron Bray - Vincent Avenue is worse.
3. Teresa Kramer Leave it as is for width. Signals - no preference.
2517-76th
4. Gregory Kern Favors underground utilities. Put signal at Sheridan
7545 Upton Avenue Avenue. Wants new curb and gutter and 2' widening to
correct vibration. Opposed to signal at Upton. Favors
moving garage or installing new garage door for access to
side street..
5. Mrs. Stewart Opposes signal at Sheridan Avenue.
7600 Sheridan
6. Michael J. Bartelme Resident did not want a visit but if we raise the grade at
7545 Washburn Avenue Washburn Av., we should place a catch basin behind the
sidewalk near his driveway to protect his property.
7. Howard Bunce Prefers overlay. Opposes 2' widening. Prefers 2' south
7608 Sheridan Avenue over 4' south. Concerned about house resale if road
closer. Prefers signal at Upton Av. and possibly move bus
stop to new signal. Ask MCTO to move bus stop.
8. Ellen & Carlton Hoff No major conflicts.
7544 Thomas
9. Lud & Mary Kovach Favors sidewalk and no widening if possible. Check steps
7601 Xerxes Avenue along wall - likes hedge as air purifier - maintenance - drop
profile - line of sight from west of Xerxes or lift - widen
driveway.
10. Vera Kaneps-Winge Supports resurfacing or 2' wide on C - supports signal at
7545 Vincent Upton - OK to put retaining wall and flatten slope. Retain
shrubs and add shrubs along retaining wall. OK to trim
shrubs back. Wants streetlight retained by garage.
11. Jerry & Marlys Guritz Favors 2' wider C. Fence unaffected. Utility box at back of
7545 Thomas Avenue property - need to move. Favors Upton signal. Wants
hedge or other - remove lilac bush - supports putting
utilities.
Page 1 of 4
0 Attachment A
76th STREET WEST HOME VISIT COMMENTS
August 27-28 & September 9, 1996
•
•
Resident Comments
12. Tom & Glynda Ballinger Look at moving garage - rotate 900 to access off
7601 Upton Avenue of Upton - via north side - leave 20' to park boat.
Want fence or berm or retaining wall. Snow
storage. Not interested in saving hedge. Low
spot in road by driveway - eroding driveway now.
13. Mark Wegmiller Phone box must be moved - favors signal and 2'
2921 W. 76th Street C wider. Move fire hydrant 2' back. Retaining
(Opposite Washburn Ave.) wall and save junipers.
14. George Gelecinsky Improve hill on Xerxes Ave. for line of sight - new
3001 W. 76th Street signal won't help. Check vertical sight distance
for 30 mph design - wants feedback - major
concern. Put in new wood retaining wall. NE
corner has small light on wall. Let owner select
landscaper.
15. Pauley Kuttikadal and Doesn't want trucks. Reduce noise in road
Molly Mathew design. Put in shrubs as partial screening.
2909 W. 76th Street Phone pedestal. Raise the street to avoid
retaining wall.
16. Roger Parks Favors 2' wider on C. Remove 2 trees (Russian
7601 Thomas Avenue Olive) close to sidewalk and remove flower bed.
Moving garage in Alt. #3. Favors Upton signal.
Likes utilities underground - poses a hazard.
Utilities are on north side and do this first. Bid -
set time limit to complete work. Likes shrubs.
Keep fence if possible
17. Linda Durst Favors Upton signal. Move fence back to confine
7545 Xerxes Avenue dogs - possible shrubs.
Page 2 of 4
• Attachment A
76th STREET WEST HOME VISIT COMMENTS
August 27-28 & September 9, 1996
0
Residen Comments
18. Wayne & Louis Hershey Driveway is off of 76th Street. A phone pedestal
7600 Vincent Avenue next to driveway needs to be moved. Favors
Upton Av. signals. Favors gradual slope to lawn.
1. Pave the road! Widened and last paved in '73.
2. For future, after 15 years re-evaluate the road
surface each year & pave when needed. Does
City have a plan like this? 3. Can we work with
pavers on driveway pitch and doing the whole
driveway? Yes: 4. Can we add a driveway apron
on Vincent? Not as a project cost. Use
contractors? 5. Sidewalk concerns. 6. Oppose
placing barriers or shrubs on their property. 7.
Remove stop signs! They cause noise and gas
pollution! If signs stay, put pedestrian lines and
"STOP" printed on road because buses block
"Stop Ahead" sign and "Stop" sign from view of
drivers. 8. Is stake the lot line? Is the silver
maple too close? No. 9. What is City's policy on
what's needed for 76th as a minor arterial street?
10. Lawn slope.
19. Sandy Renner & John They still favor Alt. 3 as a long-term solution.
McNab Prefer resurfacing. Cost of connecting to
7544 Vincent Avenue underground utilities is vehemently opposed.
They believe City should pay for this cost.
Opposed to 2' widening. Check if fence needs to
be moved. Possible need to install retain wall.
This area gets lots of runoff - check this in
redesign. Sun in eyes - blind people of stop sign
in both directions - check this out for traffic
signals.
20. Betty Alexander Opposes widening - too close now. Needs space
7544 Sheridan Avenue to back out of driveway - fence - reroute trucks &
buses. Fence is 4' behind sidewalk - blocks
view. Favors Alt 3 - is real solution not 2'
widening. Opposed to signal at Sheridan - cars
queued at Sheridan. Educate public on signal
timing. Favors moving fence to improve sightline
for backing out of driveway. Keep 30 mph limit.
Utility cabinet 4' behind sidewalk at back of lot.
Page 3 of 4
Attachment A
76th STREET WEST HOME VISIT COMMENTS
August 27-28 & September 9, 1996
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Residen Comments
21. Joyce Bennett Check on corner setbacks for screening property.
7545 Sheridan Avenue She is interested in a fence or plantings. She will
wait to do anything until after stop signs are
removed. The stop signs create noise.
22. Kerry and Lynn Quam They want to add a 20' wide driveway on 76th St.
7601 Vincent Avenue Eliminate steps on side of house to sidewalk on
76th Street. A retaining wall is needed and we
will need a construction easement to build it.
There is a need for snow storage behind the new
sidewalk. The Quams want a privacy fence
(batten board style) at an effective height of six
feet including the height of the retaining wall.
They want us to check on the setback needed for
the fence at the corner of their property. They
think that widening 2' on both sides is fair. We
witnessed 3 cars pass through the stop signs at
Vincent Av. Motorists were blinded by the sun.
23. Maxine Rieck She wants her fence moved in line with her
7544 Washburn Avenue neighbor's at 7545 Xerxes Av. As we raise the
grade, we may need to raise her side yard by 1 ft.
but drainage will still be towards Washburn Av.
She suggested adding a left-turn arrow and
protected lane for eastbound traffic at 76th Street
and York Avenue signal. Traffic backs up there.
It's especially bad in the afternoon rush hour.
Ms. Rieck favors a signal at Upton Avenue. She
thinks it's fair to widen 2' on both sides. Her
house is a safe distance from 76th Street. Their
is a phone pedestal that will need to be moved
on the back of 7545 Xerxes Av. If utilities are
placed underground, it does not appear that Ms.
Rieck will have to pay to be reconnected. Her
service is provided off of a second pole away
from 76th Street. Service from this pole is also
provided to 7545 Xerxes Avenue.
Page 4 of 4
DATE: September 24, 1996
SUBJECT: 76th Street West - Citizen Log
Page 1 of 2
ATTACHMENT B
Kerry Quam 4/24/96 called to find out when the project
7601 Vincent Avenue would begin. I told him a letter would be
Richfield, MN 55423 sent in a few weeks. 7/29/96 wants to
Phone 984-0909, ("798-0270 have us visit to discuss the design.
Floyd Sjostrand, Wants City to mow remnant parcel at
Phone 831-7544 76/Penn. He also wants to buy the parcel
from the City, Brad Moe of Henn. County
at 930-2641. Have WSB show easement
for free RTOR lane.
Floyd Sjostrand 5/20/96 Wants City to add free right turn
Phone 831-7544 lane at.76th/Penn to clear blockage of
alley so renters can enter his property.
Can't understand why this wasn't done as
part of the widening of Penn Avenue.
Theodora Coenen 5/28/96 Very upset that 18 wheeler trucks
7515 Sheridan Avenue are using 76th Street at 1 and 2 AM in the
Phone 866-6905 morning. George Atkinson will call her to
explain that 76th Street is posted for No
Trucks over 3 Tons.
Shari Kawiecki 6/20/96 Concerned that widening will be
7600 Thomas Avenue too close to her house and that it will pose
Phone 861-1249 a safety hazard for lateral clearance. Also
wants to know if design is in violation of
City noise and air pollution ordinances.
She believes the houses on the north side
of 76th Street are set back further and can
better accommodate the widening.
Kenneth Kawiecki 6/28/96 Concern for safety as road moves
7600 Thomas Avenue closer to homes, lateral clearance. Wants,
Phone 861-1249, W-941-8747 to know if design will violate air and noise
laws and ordinances. Explained proposed
design leaves sidewalk on north side to
allow sun to melt ice in winter.
0
DATE: September 24, 1996
SUBJECT: 76th Street West - Citizen Log
Page 2of2
ATTACHMENT B
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Allen Hoff 7/25/96 Wanted to know if road widening
7544 Thomas Avenue would require the acquisition of any
homes.
Lud Kovach 7/30/96 Make 76th Street one-way pair
7601 Xerxes Avenue with 78th Street. Also, wants visit by
861-5583 designers.
Evelyn Runke 8/5/96 Concerned about decision on 76th
7732 Thomas Avenue Street. If traffic is jammed on 76th Street
traffic shifts to 78th Street frontage road.
She has a difficult time getting onto 76th
and 78th Street now.
Betty Alexander 8/2/96 Concerned that road be widened 2
7544 Sheridan Avenue feet to the north. She has a fence that is
Phone 866-2566 difficult to see on-coming traffic from her
driveway now. Must check this out. She
wants City to arrange visit. Recommends
doing nothing now to evaluate the impact
of proposed new development in Edina
and Richfield.
Haden Skjefte 8/6/96 Supports using asphalt, not
7335 Penn Avenue concrete, for road surface on 76th Street.
Phone 869-2388 He lives on Penn Avenue. Buses hit
seams in concrete panels and manhole
covers creating vibration and noise similar
to the problem on 76th Street. Move
manhole covers out of driving lanes on
busy streets. Thinks widening 76th Street
2 feet on both sides is fair to residents.
John McNab 8/20/96 If you widen street, buy houses
7544 Vincent Avenue that are too close to road.
John Glennon 8/26/96 Wants something done to improve
2000 West 76th Street pedestrian safety for school children
crossing 76th Street between Penn
Avenue and I-35W. Oliver Avenue with a
median island is not acceptable for
children wanting cross between Newton
Avenue and Knox Avenue.
w CITY OF RICHFIELD, MINNESOTA
Study Session Letter No. 39
Agenda October 7, 1996
Issue Statement:
Discussion on 76th Street East of 1-35W Downsizing Study.
Background:
This spring the Council authorized a study to downsize 76th Street east of 1-35W and
appointed a six member Task Force to oversee the study. The Task Force held its first
open house in August to receive public comments on draft goals for the study and 12
alternatives for downsizing 76th Street.
About 200 people attended the open house and 70 written comments were received.
There was considerable opposition to downsizing, other than allowing on-street parking,
by many people who spoke with Task Force members and City staff. However, the
written comments were more balanced than the verbal comments.
The Task Force members believed the study should continue because the residents'
negative comments were due in part to the following:
• the absence of a background report on the study prior to the open house;
• some residents expected, but did not receive, a presentation at the open house;
• too many alternatives confused residents; and,
• the absence of a clearly defined problem as opposed to a vision or opportunity.
The Task Force plans to prepare a brochure in a Question and Answer format to
address the issues residents raised. The brochure would be mailed to the
neighborhood prior to a second open house. Also, the Task Force will adjust the format
of the second open house to meet the public's expectation. The next open house is
planned for mid-November 1996.
Recommended Motion:
No action is needed. The Task Force and City staff would like to provide a progress
report to the City Council.
Basis of Recommendation:
1. Considerable interest has been expressed by residents on the study.
2. The Task Force has made progress in preparing draft goals and evaluating 12
alternatives.
0 3. The Task Force is planning to hold a second open house in mid-November 1996 to
obtain additional public comments on the study.
Alternative Recommendation:
None.
Discussion/Decision Mode:
This item is scheduled for the October 7, 1996 City Council Study Session. Task Force
members and City staff will be present to report on the study's progress.
Respectfully submitted,
James . Prosser
City Manager
JDP:cak
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