6-3-96 agenda
CALL TO ORDER
REGULAR CITY COUNCIL STUDY SESSION
7:00 P.M.
COUNCIL CHAMBERS
AGENDA
•
0
ROLL CALL
1. 7:00-7:30 P.M
11. 7:30-8:00 P.M.
CITY OF RICHFIELD
MONDAY, JUNE 3, 1996
MEETING WITH RICHFIELD FRIENDSHIP CITY
COMMISSION
STUDY SESSION LETTER NO. 19
DISCUSSION REGARDING EXPANSION OF
CHARITABLE GAMBLING (PULL TABS) AND REVIEW
OF DRAFT ORDINANCE
STUDY SESSION LETTER NO. 20
III. 8:00-8:45 P.M. DISCUSSION AND PROGRESS STATUS OF CABLE
REFRANCHISING ORDINANCE WITH PARAGON
CABLE
STUDY SESSION LETTER NO. 21
IV. 8:45-9:15 P.M. DISCUSSION OF CITY SIGN ORDINANCE AND
POSSIBLE REVISIONS
STUDY SESSION LETTER NO. 22
V. 9:15-9:30 P.M. DISCUSSION OF REQUEST TO CHANGE FROM
CURRENT SYSTEM OF FUNDING HUMAN SERVICE
AGENCIES ON A ONE-YEAR FUNDING CYCLE TO
TWO-YEAR FUNDING CYCLE CONTINGENT ON
AVAILABILITY OF FUNDS, EFFECTIVE WITH 1997
FUNDING CYCLE
STUDY SESSION LETTER NO. 23
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• Vi. 9:30-10:00 P.M. DISCUSSION OF POLICY AND STRATEGY
RECOMMENDATIONS FOR AIRPORT RELATED
ISSUES
STUDY SESSION LETTER NO. 24
VII. 10:00-10:15 P.M. DISCUSSION REGARDING GENERAL TAXPAYER
RESPONSIBILITY FOR PORTION OF COSTS TO
MAINTAIN SPECIAL AMENITIES IN
REDEVELOPMENT AREAS
STUDY SESSION LETTER NO. 25
10:15 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.
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• CITY OF RICHFIELD, MINNESOTA
Study Session Letter No. 25
Agenda June 3, 1996
Issue Statement:
Discussion regarding the general taxpayer responsibility for a portion of the costs to
maintain special amenities in redeveloped areas.
Background:
In October 1995, when the new assessment district for the 1996 77th Street project was
approved by Council, it. was suggested that Council should again address the question
of whether the general taxpayers should be responsible for a portion of the additional
maintenance costs generated by the redevelopment of this type of area. Council
suggested this review take place when the 1997 assessments process was scheduled
to begin.
For that purpose, staff has put together some historical figures on the expenses for the
UH/N (Lyndale/Hub/Nicollet) area, and the ILN/77th Street area, along with estimates
of future expenses, and some examples of how the General Fund presently
supplements these areas.
UH/N Proje
1985 Actual ct
$35,726 ILN/ 77th Project
1986 Actual $40,110
1987 Actual $45,694
1988 Actual $44,405 $7,001 Lyndale to Harriet
1989 Actual $43,151 $6,135 " "
1990 Actual $43,539 $7,662 " "
1991 Actual $43,825 $8,855 69 it
1992 Actual $47,005 $7,032 " "
1993 Actual $34,866 $3,615 Construction
1994 Actual $44,635 $ -0-* Construction
1995 Actual $37,639 $10,569 35W to Portland
1996 Estimated $46,080 $33,795 35W to Cedar
1997 Estimated $47,730 $58,973 is
1998 Estimated $49,000 $72,000 "
*The $0 estimate was provided to the Council in a December 28, 1993 memorandum.
A small ($4,000-$5,000) General Fund budget for UH/N has been in place for years.
Initially, the part time seasonal help hired to maintain the UH/N area during the summer
months was assigned to this budget. Also, this budget has traditionally been used to
pick up the costs of some of the maintenance in the area; for example, parts to replace
. a typical street light costs about $1,000. Parts for an UH/N streetlight cost about
$1,600. When parts are ordered, the first $1,000 is charged to the General Fund
budget and the balance to the assessment budget. Occasionally, tools are purchased
to maintain the area, or contracted work such as routine sidewalk repair is performed.
These items are also charged to this general fund budget.
Street lighting is another example of General Fund expenditures in these areas. Both
the UH/N and 77th Street Redevelopment areas are lighted to a much higher standard
than other commercial areas in town. In the UH/N area, this costs the General Fund an
estimated $4,000 per year. On 77th Street, the additional lighting costs $2,500 more
per year. The additional fixtures also generate an estimated $2,000/year in additional
maintenance costs. The new 77th Street costs for salting, sanding and sweeping are
estimated at $11,000 a year more than it cost to maintain the old 77th Street. These
costs are absorbed by the Street Maintenance Division.
Recommended Motion:
No motion is required at this time. This information is for discussion purposes only.
Basis of Recommendation:
1. The City Council requested that the new assessment district for 1996 77th Street
project be revisited when the process began for the next season.
2. The 1997 assessment process is scheduled to begin.
• Alternative Recommendation:
1. The Council could decide to continue the assessment process with no changes.
2. The Council could postpone discussion to another date.
Discussion/Decision Mode:
This item is scheduled for discussion at the June 3 City Council Study Session.
Respectf lly submitted,
James . Prosser
City Manager
JDP:ds
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. CITY OF RICHFIELD, MINNESOTA
Study Session Letter No. 24
Agenda Aprtfi 1, 1996
Issue Statement:
Policy and strategy recommendations for airport related issues.
Background:
Recent developments regarding airport issues include the following:
• MSP Expansion
The MSP Mitigation Committee held its first meeting on Thursday, May 16. The
committee is chaired by MAC commissioner Steve Cramer. Acting on behalf of
Richfield, Mayor Kirsch requested that an impartial facilitator be utilized for committee
discussions, similar to the Runway 4-22 mediation process. Cramer asked that the
committee allow him to chair one or two more meetings before making a change.
Mayor Kirsch also requested that an impartial technical advisor be retained to assist the
committee. This recommendation was not pursued by the committee.
The next three committee meetings have been scheduled for Monday, June 3, at 10:00
a.m.; Wednesday, June 26, at 4:00 p.m.; and, Wednesday, July 17, at 4:00 p.m. Mayor
Kirsch has designated the city manager as his alternate on the committee.
The committee must have a recommendation by the end of August. That decision will
go to the MAC Planning & Environment Committee for consideration on Tuesday,
September 3. The full commission will act on the recommendation at its regular
meeting on Monday, September 16.
MAC staff, meanwhile, is moving forward with plans to complete the north-south
runway. Work has begun on a state and federal environmental impact statement, due
out in December or January. MAC has also scheduled a public hearing for Tuesday,
June 4, regarding its intent to acquire the property known as the Marriott Residence Inn
site, 2600 East 80th Street, in Bloomington. This is a vacant parcel in the RPZ (runway
protection zone) for the proposed north-south runway.
Staff has asked the City's special airport counsel to consider what, if any, action is
appropriate. Steven Pflaum, McDermott, Will & Emery, agreed with staffs evaluation
that this acquisition is premature. The only purpose for the acquisition is the proposed
runway. Without an approved Final EIS, MAC should not proceed with any aspect of
the project. Pflaum is preparing comments for Richfield to submit at the public hearing.
Pflaum and his assistant, Mercedes Laing, have also made several recommendations
regarding overall strategy regarding the north-south runway. They have requested
authorization to investigate the following issues:
. • Operational configuration, flight track, and noise impact information contained in the
Alternative Environmental Document may prove more useful than the information
contained in the Draft EIS.
• Consider scheduling a meeting with MAC and HNTB, which Pflaum would like to
attend, to question their belief that noise impacts of a north-south runway would
leave Richfield no worse off than other alternatives.
• Research the possibility that Richfield might be able to challenge in court the
mitigation plan if it ultimately appears to be inadequate. Pflaum and Laing are
concerned "that the legislature's guidelines may be too amorphous to permit
meaningful judicial review."
• Explore the possibility that Richfield may be able to utilize its zoning authority to
interfere with the north-south runway. Several current court cases involve
communities attempting to use their zoning authority for just this purpose.
The estimated cost to research these various issues is shown on the attached from
Steve Pflaum. In addition to these recommendations, Pflaum and Laing encourage the
City to continue active participation in the MSP Mitigation Committee. It is important for
Richfield to continue working from the inside to influence the course of action as it
pertains to future development and associated mitigation.
• Runway 4-22
MAC staff is providing a monthly status report of the runway extension project. The
following is the report for May 29, 1996:
"With continued good weather, construction is progressing well on the runway 4-22
extension project. Underground utility work, watermain and sanitary and storm sewer,
is approximately 80% complete. Subgrade excavation on the main runway segment of
the project is complete and granular material has been imported and placed in
preparation for the beginning of the paving operation in mid-June. The runway and
taxiway pavements are 18-inches thick and the contractor will be paving 25' wide lanes,
2750' long per day once they are up and running. FAA is continuing with their
installation of the approach guidance system. The schedule still looks good for
completion of all phases of the construction by mid-September.
"in a related matter, re-construction of 1000' of the existing runway 4-22 located
immediately south of the north parallel runway will commence June 3, 1996. This is a
segment of older pavements which are in need of repair. This work will be conducted
during day-time hours; Monday thru Saturday, and will be completed by the end of July,
1996."
The pavement rehabilitation of the existing runway segment requires the closure of
runway 4-22 for that two month period. This translates into a two-month respite from
noise for south Richfield and Bloomington residents. As previously discussed, these
same neighborhoods will experience a dramatic increase in noise for about six months
when the south parallel runway is reconstructed. This is expected to occur in 1997.
• Metropolitan Aircraft Sound Abatement Council (MASAC)
The MASAC Operations Committee forwarded a recommendation to the full council to
implement a change in the departure profiles used by aircraft at Minneapolis-St. Paul
International Airport. Should MASAC approve the recommendation at the June 25
meeting, it will be forwarded to MAC for consideration and approval.
The Noise Abatement Departure Profiles (NADPs) regulate the power settings, thrust
and rate of climb for departing aircraft. There are two different departures that may be
utilized at airports around the country. The two profiles are the result of an FAA
regulation. Prior to the FAA order, airports around the country were attempting to
implement all varieties of departure profiles. Because airline safety is a factor of
standardization, and pilots were being required to follow different procedures at every
airport without that standardization, the FAA directed that airports may impose one of
only two profiles -- Distant NADP or Close-in NADP. MSP utilizes a Distant NADP.
The Distant NADP is meant to centralize noise impacts at MSP and minimize the
overall noise footprint, measured out to the 60 DNL. Over two years ago, the
Operations Committee was asked to look at the departure profiles for each of the six
runway ends. MAC commissioners have subsequently identified NADP as one of its
objectives for this year. The committee recommendation is to implement Close-in
NADP on runways 29L and 29R, over south Minneapolis and north Richfield. Distant
NADP would remain for runways 11 L/R and 4/22.
The minutes of the May 24 Operations Committee meeting are attached, as is the
accompanying technical information. This issue should be reviewed so that an official
City position is taken by Richfield's MASAC representatives. However, there are
several concerns that may need to be addressed before a truly informed decision can
be made.
The noise contours attached are the 1994 actual contours. However, the Part 150
Sound Insulation Program eligibility is based on an approved 1996 noise contour,
developed in 1991, that is no longer accurate due to slow integration of Stage III aircraft
and the current settlement of the runway 4-22 extension issue. An important
consideration is how the Close-in NADP would impact the future of the sound insulation
program. Close-in NADP would decrease the number of persons within the 65 DNL
and, therefore, potentially restrict the number of households eligible for sound
insulation. This is significant because sound insulation is the only real, tangible
mitigation effort that residents enjoy. It may not be in the best interests of the
community to restrict program eligibility in exchange for a barely perceptible noise
benefit.
Another consideration is that Close-in NADP will increase the number of persons in
north Richfield within the 60 DNL. Attached population counts show a 60 DNL
decrease for north Richfield. However, this does not appear to be consistent with the
contour map provided. Staff has requested clarification of this inequity from MAC.
The City has consistently opposed measures that would have a net increase on the
overall noise footprint. In the near-term future, the Close-in NADP may not provide a
significant benefit. Beyond that, perhaps as soon as year 2000, Close-in NADP, in
combination with complete Stage III integration and possible expansion of the sound
insulation area to the 60 DNL, may provide a benefit to noise impacted areas. The
contours should not be the only determinant in considering a new NADP. Staff will
request that MAC and HNTB provide information regarding the number of residents that
will be "highly annoyed" by noise under both scenarios.
New Ford Town and Rich Acres Acquisition
There are 64 single-family residential properties remaining in New Ford Town and Rich
Acres. All are scheduled to be acquired in Phase IV, now underway. MAC is paying for
the costs of Phase IV, hoping to be reimbursed with federal assistance when FAA and
DOT budget issues are resolved in Washington, D.C.
Final grading and seeding, which will maintain the park-like appearance of the vacated
properties, should be complete by the end of May for round one of demolition. Most of
Phase I, a large portion of Phase Il, and parts of Phase III were included in the first
round. The sixth house auction is tentatively scheduled for June 27.
MAC has requested a meeting with the City to discuss salvage of infrastructure.
Salvage will not begin until the City and MAC agree on compensation for the unrealized
value of infrastructure improvements in the neighborhoods.
• Part 150 Sound Insulation Program
Richfield's 1996 allocation will complete all but one block eligible for the program.
Priorities 25-32 are included this year. Priority 33 is expected to be included in the first
bid cycle for 1997, in October of this year.
Attached is the contact report regarding resident phone calls and drop-in requests for
airport information.
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 June 3, 1996.
Respectfully submitted,
Jam s . Prosser
City anager
JDP:ds
Attachments
0
Attachment 1-1
May , 1996
Mr. Jeffrey W. Hamiel
Executive Director
Metropolitan Airports Commission
5040 28th Avenue South
Minneapolis, MN 55450
Re: Proposed Acquisition of Marriott Residence Inn Site
Dear Mr. Hamiel:
The City of Richfield objects to MAC's proposed acquisition of
the Marriott Residence Inn Site. The acquisition of that
property is an integral part of the proposed North-South Runway
project and, indeed, is intended to facilitate that project.
Consequently, the acquisition of that property before the
completion of an Environmental Impact Statement for the North-
South Runway project would violate the Minnesota Environmental
Policy Act (Minn. Stat. 5116D.01 et seg.) and the Minnesota
Environmental Rights Act (Minn. Stat. S 116B.01 at sear.).
Moreover, if federal funds or approvals are involved, the
acquisition would also violate the National Environmental Policy
Act (42 U.S.C. 5 4321 at seg.).
As you know, the legislature's decision to terminate the Dual
• Track process did not terminate the environmental review of the
MSP alternative or any of its component projects, including the
proposed North-South Runway. See Minn. Stat. 5 473.508,
subd. 25. In addition to contemplating the completion of the
Final EIS for the Dual Track process, the legislature expressly
directed MAC to review the environmental impacts of the Long Term
Comprehensive Plan, of which the North-South Runway is a key
element. Minn. Stat. S 473.614, subd. 2a. If these reviews are
to be anything more than a cynical paper shuffle, steps must not
be taken to implement any portions of the North-South Runway
project before the requisite environmental analyses are
completed.
Thank you for considering Richfield's concerns.
Sincerely,
James D. Prosser
City Manager
\31805\010\CORt5000RSFP.08$
•
i
Attachment 2-1
Prime laced and Confidential
McDermott, Will & Emery
Chicago, Illinois
L E X O R A N D U M
To: Jim Prosser
FROM: Steve Pflaum and Mercedes Laing
DATE: May 30, 1996
RE: Estimated Cost of Particular Aspects of Recommended
Strategy Regarding North-South Runway
Our May 24, 1996, memo outlined a recommended strategy
concerning the proposed North-South Runway. We have now been
asked to provide an estimate of the cost of certain aspects of
that strategy. This memo contains that estimate.
Recommendation 1(A): Analyze Alternative Environmental Document
We recommend that we be authorized to carefully review
the February 1995 Final Alternative Environmental Document for
the limited purpose of evaluating the adequacy and implications
of the information in that document regarding the relative
significance of the noise impacts that Richfield would experience
under the North-South Runway, North Parallel Runway, and No
Project alternatives. This assignment would entail reviewing the
AED and drafting a memorandum summarizing our conclusions. we
estimate that the fees and costs for this assignment would likely
range between $4,600.00 and $6,100.00.
Recommendation 5: Research Feasibility of Potential Lawsuit
Chal tinging the Adequacy of the Forthcoming Litigation Plan
Recent Minnesota legislation requires the development
of a noise mitigation program for MAC that satisfies various
objectives and criteria specified in the legislation. Due to
concerns regarding the adequacy of the plan that is likely to be
developed, we recommend that we be authorized to determine the
efficacy of a potential court challenge to that plan. However,
clear that the mitigation plan will be inadeauate._ This
assignment would entail legal research and the drafting of a
memorandum summarizing our conclusions. We estimate that the
fees and costs for this assignment would likely range between
$2,400.00 and $4,300.00.
0
Attachment 2-2
We recommend that we be authorized to investigate
whether Richfield may be able to utilize its zoning authority to
block construction of the North-South Runway. Depending upon the
results of each stage of our investigation, this assignment could
entail determining the extent to which any aspects of the North-
South Runway Project involve activities within Richfield city
limits, researching Minnesota law regarding the land use
authority of Richfield with respect to MAC projects, researching
federal law regarding preemption of local land use regulations in
connection with airport expansion projects, and drafting a
memorandum summarizing our conclusions. The amount of time
required to complete this assignment would vary widely, depending
upon what we learn in the initial stages of our investigation.
We estimate that the fees and costs for this assignment would
likely range between $1,100.00 and $6,500.00.
sun arv
•
A summary of the estimated costs of each of the
foregoing recommendations is as follows:
Recommendation No. Low Est ._ High Est.
1(A) $4,600.00 $6,100.00
5 $2,400.00 $4,300.00
5 $11100.00 $6,500.00
TOTAL $8,100.00 $16,900.00
We hope that these estimates are helpful. Please let
us know if you have any questions or need any additional
information.
Respectfully submitted,
McDermott, Vill & Emery
teven ?.I Pf laum
\31805\010\MEM\50REMSFP.040
0 -2-
Attachment 3-1
MINUTES
MASAC OPERATIONS COMMITTEE
May 24, 1996
The meeting was held at the Metropolitan Airports Commission General Office Lobby Conference
Room, and called to order at 10:05 a.m.
The following members were in attendance:
Mark Salmen, NWA - Chairman
Bob Johnson - MBAA
Chuck Curry - ALPA
Dick Keinz - MAC
John Nelson - Bloomington
Kevin Batchelder - Mendota Heights
Jon Hohenstein - Eagan (Mike Schlax - Eagan)
Advisory:
Roy Fuhrmann - MAC
Pat Karsten - FAA
Ron Glaub - FAA
AGENDA
Noise Abatement Departure Profiles (NADPs)
The report package distributed at the meeting is an integral part of the meeting information and is
attached to the minutes:
• MSP - 1994 POPULATION COUNTS
Distant Departure Procedures
Close-in Departure Procedures with identical first segment
Combination Departure Procedures with identical first segment (Close-in off
Runways 29UR and Distant off all other runways)
• DNL Contours: Distant/Close-in Procedures
• DNL Contours: Combined Distant/Close-in Procedures
Chairman Salmen reviewed the Distant and Close-in departure profiles. Points of importance
included:
Distant NADP:
• The first 1000 feet of climb is the same as the Close-in procedure.
• At 1000 feet AGL (approximately .75 mile from the runway end)
Attachment 3-2
- aircraft noise is lowered
- rate of climb is reduced
- aircraft accelerates
- flaps retracted on schedule
• Upon clean up of aircraft (approximately 2.8 miles from runway end)
- reduce thrust to quiet EPR
- maintain VZF
- continue climb
Upon reaching 3000 Feet AGL (normally 6% to 7'/ from runway end)
- apply climb thrust
- accelerate to 250 knots
- continue climb as per ATC clearance
CLOSE-IN NADP:
• The first 1000 feet of climb is the same as the distant NADP.
• At 1000 feet AGL (approximately .75 mile from runway end)
- reduce thrust to climb thrust
- adjust pitch to maintain V2 + 10 knots (slight nose down)
• Aircraft will climb at a steeper angle, but requires more power to maintain appropriate
airspeed
• At 3000 feet AGL (approximately 9 miles from runway end)
- lower nose of aircraft to accelerate
- retract flaps on schedule as aircraft accelerates
- upon clean-up of aircraft, accelerate to 250 knots
- continue climb as per ATC clearance
DISTANT VS. CLOSE IN NADP:
Both procedures produce the same profile from beginning of takeoff roll to 1000 feet AGL.
At 1000 feet AGL, the Close-in NADP and Distant NADP start to differ:
Close-in
Even though thrust is reduced to "climb thrust", an airspeed of V2 + 10 knots is maintained.
Flaps remain extended at takeoff setting.
Distant
•
Aircraft climbs at a steeper angle, but requires more power (climb thrust) to maintain
airspeed.
Aircraft nose is lowered.
As aircraft accelerates, flaps are retracted on schedule.
2
Attachment 3-3
•
When flaps are up, thrust is reduced to "quiet thrust", and aircraft pitch adjusted to maintain
appropriate airspeed (VZF).
AT 3000 FEET AGL
Close-in Nose of aircraft is lowered to allow acceleration of aircraft
Flaps retracted as aircraft accelerates
After aircraft is cleaned up, accelerate to 250 knots and climb on schedule
Distant Apply climb thrust
Accelerate to 250 knots
Climb on schedule
I?1
Based on manufacturer's data and performance engineer's calculations, the profiles on flex thrust
and full thrust are essentially the same. The information stated above is reflected in the DNL
contours.
From the final NADP analysis which included validation of each procedure by aircraft type,
Chairman Salmen stated that the best overall recommendation is the Close-in departure off Runway
29UR, and Distant departure off all other runways.
Population analysis for DNL 60, 65, 70, and 75 by community was analyzed for the Distant and
Close-in departure profiles. The number of dwellings do coincide with the population count.
Chairman Salmen relayed that the analysis shows the Close-in procedure is best for Runways
29UR and the Distant procedure minimizes total population inside the contours on all other
runways.
Jon Hohenstein, Eagan, relayed that he felt testing of the profiles should be done. Roy Furhrmann
reiterated that ANOMS will continue to monitor and assess differences between the Distant and the
Close-in procedure. ANOMS data is explicit enough to ascertain impacts.
Ron Glaub, FAA, mentioned there may be a problem with mixing procedures on parallel runways.
Roy Fuhrmann responded that staff will inquire into other airports using mixed procedures.
Bob Johnson. MBAA. moved and Charles Curry. ALPA. seconded, to recommend to MASAC the
"Distant Community Departure Profile" utilization on Runways 11 UR and Runways 4/22 and that
the "Close-in Community Departure Profile" utilization on Runways 29UR. A vote was taken and
passed by a majority rule (5 yes. 2 nay.).
John Nelson, Bloomington, voted yes contingent upon staff supplying multiplication factors used
to determine population and dwelling counts for the respective communities. MAC staff in
conjunction with HNTB, will make this determination and report findings at MASAC on May 28,
1996.
C?
Attachment 3-4
John Nelson also asked staff to present an implementation time line to MASAC, and continue
pressing forward on the issue.
The meeting was adjourned at 11:10 a.m.
Respectfully submitted:
Jean Deighton
Committee Secretary
•
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Attachment 3-7
11
MSP -1994 POPULATION COUNTS
(DISTANT DEPARTURE PROCEDURES)
Jurisdiction POPULATION DWELLINGS
DNL60 DNL65 DNL70 DNL75 ONL60 ONL65 ONL70 DN05
Contour
Minneapolis 40960 14410 8120 1410 . 17570 6270 3500 610
North Richfiled 8960 2620 1420 520 4130 1120 570 190
South Richfield 2590 1670 0 0 1190 750 0 0
Fort Snelling 70 60 0 0 10 30 0 0
Bloomington 5250 1520 0 0 2360 680 0 0
Inver Grove Heights 1830 0 0 0 : 680 0 0 0
Mendota Heights 1580 1180 140 10 530 500 50 0
Burnsville 0 0 0 0 0 0 0 0
SLPaul 2700 0 0 0 1300 0 0 0
1210 630 40 0 460 220 20 0
Eagan
Total 65,150 22090 9,720 1,940 28,230 9,570 4,140 800
MSP -1994 POPULATION COUNTS
(CLOSE-IN DEPARTURE PROCEDURES WITH IDENTICAL FIRST SEGMENT)
Jurisdiction POPULATION DWELLINGS
t
C DNL60 DNL65 DNL70 DNL75 DNL60 DNL65 DNL70 DNL75
our
on
Minneapolis 36450 13155 7165 655 :. 15525 5700 3075 270
North Richfiled 8480 2360 1415 520 4195 965 445 200
South Rkhfield 2275 2105 0 0 990 975 0 0
Fort Snelling 0 0 0 0 0 0 0 0
Bloomington 5560 2265 0 0 • 2470 1005 0 0
Inver Grove Heights 2910 0 0 0 1120 0 0 0
Mendota Heights 1640 900 140 2 . 605 415 50 1
Burnsville 0 0 0 0 0 0 0 0
SLPaul 3950 25 0 0 2005 10 0 0
E 1210 665 40 0 460 230 15 0
agan ,
Total 82,675 21,475 8,760 1,177 27,370 9,300 3,585 471
MSP -1994 POPULATION COUNTS
(COMBINATION DEPARTURE PROCEDURES WITH IDENTICAL FIRST SEGMENT)
(CLOSE-IN DEPARTURE OFF OF RUNWAYS,"L &,21R, DISTANT DEPARTURE OFF ALL OTHER RUNWAYS)
Jurisdiction POPULATION DWELLINGS
r
to
C DNL60 DNL65 DNL70 ONL75 - ONL60 DNL65 DNL70 DNL75
on
u
Minneapolis 36450 13155 7165 655 : 15525 5700 3075 270
North Richfiled 8480 2360 1415 520 '. __. 4195 965 445 200
South Richfield 2590 1670 0 0 1190 750 0 0
Fort Snelling 0 0 0 0 . 0 0 0 0
Bloomington 5250 1520 0 0 ( 2360 680 0 0
Inver Grove Heights 1830 0 0 0 680 0 0 0
Mendota Heights 1580 1180 140 10 .. 530 500 50 0
Burnsville 0 0 0 0 0 0 0 0
SLPaul 2700 0 0 0 1300 0 0 .0
an
Ea 1210 630 40 0 ' 460 220 20 0
g
Total 80,090 20,515 8,780 1,185 26,140 8,815 3,590 470
0
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Attachment 4-1
LI
Ll
•
Resident Contact:
Sound Proofing & Airport Concerns
May Background - A resident survey of airport-impacted communities was conducted May 15 - May 28. The
survey, a product of the Runway 4-22 mediation, was attempting to gauge residents' perceptions of noise annoyance
and preferences for various noise mitigation alternatives. Acquisition was included in the questions regarding
mitigation. Several residents called with concerns that MAC or the City would be buying their property. All
concerned parties were informed of the survey's intent, and assured that there are no plans for acquisition beyond
completion of the New Ford Town and Rich Acres acquisition. Most calls, however, were the standard requests for
sound insulation information.
i?c?,r, ?y '` ':: v..•. ....• <k 0110M. '•. •.iR71FR •:4 ?.':•..':•....... ?. •: I?i........r*rr.
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i.
Wed., May 1 Non-resident 4800 block of 28th
h
A
S Signing purchase
7220 Issues explained.
S
ff
il
AA
d
venue
out
Minneapolis agreement at
Bloomington. ta
ma
e
F
brochure explaining
Curious about how noise is
airport expansion, measured and how
noise impacts, etc. contours developed.
Wed., May 1 Resident 6700 block of 14th Called several Legislation and
Avenue months ago; was other issues
there new legislation explained. No
for more insulation? follow-up requested.
Wed., May 1 Resident 6400 block of 13th Contacted city Staff contacted
Avenue manager because she MAC, they had no
was not included in ideas. Rep. Sabo's
insulation program; office contacted.
they are new Staff suggested
residents and former resident attend
owners had deferred
i
i
i workshop. CEE
ill
part
c
pat
on. contacted. They w
prioritize resident if
another homeowner
defers.
Wed., May 1 Resident 6700 block of 17th New resident was Questions answered.
Walk-in homesteading; asked No follow-up at this
if eligible for time.
insulation?
Thur., May 2 Resident 7300 block of
Bl
i Called about a year
h
' Questions answered.
oom
ngton ago; w
at
s new on o follow-up
the airport? requested.
Fri., May 3 Minnesota Public Worthington Interested in resident Questions answered.
Radio acquisition NFT/RA. Referred to Schock.
Fri., May 3 Resident 7500 block of Are they ping to be Issues explained.
"
Bloomington insulated. Thinking Provided
This Old
about replacing House" information.
windows & doors. No follow-up.
Fri., May 3 Resident 7400 block of 16th Considering home Showed Part 150
Walk-in Avenue improvements; are map. Explained
they eligible for issues, legislation;
"
'
sound insulation? This Old House.
Suggested shy call
Comm. Dev. and
assessing when
Makin plans.
Attachment 4-2
•
is
•
Mon., May 6 Resident 6900 block of Elliot Are they eligible Issue explained. No
Sun-Current article now for sound follow-up requested.
insulation?
Mon., May 6 Resident 6500 block of 15th They were near the Issue explained. No
Sun-Current article Avenue sound insulation follow-up requested.
area before; are they
eligible now?
Mon., May 6 Resident 7400 block of Are they still Questions answered.
Bloomington replacing windows? No follow-up
requested.
Mon., May 6 Resident 6500 block of 11th Has more money Questions answered.
been approved for Issues explained.
insulation? (Repeat No follow-up.
caller
Mon., May 6 Resident 7200 block of 17th Constant rumbling
f
d
i Questions answered.
o
groun
no
se was No follow-up
very bad Sat-Mon; requested.
will they be
insulated?
Tues., May 7 Resident 7600 block of Upton Are they building a 4/22 & expansion
new runway that will
fl
Rfld explained. No
f
d
y over SW
.? ollow-up requeste
.
Tues., May 7 Mr. LaBissonniere Realtor Would like a contour Provided 1996 65
map of new DNL map; specific
legislation area. map has not been
drafted yet. No
follow-up.
Wed., May 8 Resident 6200 block of 5th What is happening Issues explained.
Your City Avenue with the airport? No follow-up
(Repeat caller) requested.
Wed., May 8 Apartment Owner 7500 block of 18th He heard that his Explained N/S
Walk-in apartment may be in runway and
an acquisition area... legislation. Referred
he is looking to sell. to CD for comp plan
information.
Wed., May 8 Resident 7500 block of Park Asked about Answered questions
Avenue legislation to give and explained
tax break for people legislation. Staff
moving in to area... will provide him
believes it map of Stabilization
discriminates against Zone when it is
current residents and produced.
law should be
challenged in court.
Tues., May 14 Resident 6600 block of 14th Saw insulation near Question answered.
Avenue Mt. Calvary... are Encouraged her to
they eligible? attend a* A public
i
ll
p
meet
ng. No
o
ow-
u requested.
Fri., May 17 Resident None given What is happening Provided answers
in Rich Acres? Also regarding NFT/RA
asked for info about acquisition and 1996
Cedar Avenue legislation. No
redevelop't corridor. follow-up requested.
Attachment 4-3
E
•
Mon., May 20 Resident 7606 block of 15th Was out of town for Answered questions;
airport public he was mostly
meeting... did concerned with
anythin* important sound insulation.
happen. No follow-up.
Tues., May 21 Resident 6500 block of 15th Has the sound Legislation and MSP
insulation area been mitig'n committee
expanded? explained. No
follow-up requested.
Wed., May 22 Resident 7300 block of 10th Somebody called her Explained purpose
4/22 Survey Avenue asking if she wanted of survey being
to sell her home to conducted. Assured
the government... her there is no
what is going on?
H
i
hb
h buyout planned.
d h
f
er ne
or got t
e
g
l Aske
er to re
er
h
i
hb
ff
same cal
. er ne
g
or to sta
with questions. No
follow-up requested.
Wed., May 22 Non-resident Property owner Owns vacant lot in Discussed priority of
New Ford Town... acquisition.
upset that he has to Referred to W.D.
pay $700 in taxes on Schock for more
property which he info. Staff will raise
has no control. issue with Schock.
Wed., May 22 Resident 6500 block of Are they going to be Question answered.
Bloomington sound insulated? o follow-up.
Tues., May 28 Non-resident 1700 block of Four
k
R
d Considering buyin
h
i
h
l Explained bill. Staff
i
Oa
s
oa
, Eagan ome
n Ric
fie
a
d; w
ll gather program
heard about new and application info
airport legislation and forward.
for tax break.
I This information was gathered May 1 - May 28, 1996.* I
*Note: Names of residents have been deleted for this report. Council Members wishing to respond directly to a
resident's comment or question may do so by contacting the Media Assistant/Airport Issues at ext. 716.
JDV:ttf
40
CITY OF RICHFIELD, MINNESOTA
Study Session Letter No. 23
Agenda June 3, 1996
Issue Statement:
Request to change from current system of funding human service agencies on a one
year funding cycle to a two year funding cycle contingent on availability of funds,
effective with the 1997 calendar year funding cycle.
Background:
For several years, the City of Richfield has funded five or six social service agencies on
a one year basis with social service funds. Storefront/Youth Action has also been
funded by the City in a separate category and more recently, (1995) the Intervention
Program of Cornerstone was funded in a separate category. The 1996 allocation
.approved by the City Council is as follows:
Lutheran Social Services Share-A-Home $ 1,000
Senior Community Services, Senior Outreach 7,000
Cornerstone Advocacy and Intervention Program 12,390
Advocacy Program $2,390
Intervention Program $10,000
Senior Resources, Senior Linkage Line 800
VEAP 4,000
Storefront/Youth Action 60,570
TOTAL $85,760
On the federal level, it is likely that human service funding will be decategorized and will
flow to the states and local level in block grants. The main reason behind block grant
funding appears to be that there will likely be less federal money available, so states
and local governments should be given greater flexibility as to how the money should
be spent.
The State of Minnesota has also been active on several levels in anticipation of federal
cuts. Federal devolution hearings have been held to assess the impact of projected
cuts in human service funding and anticipated block grants to states. Also, several
state departments have come together to redesign the human service delivery system.
In particular, the new Department of Children, Families and Learning (formerly
Education), the Department of Human Services and the Department of Health are
working together to initiate collaborative efforts throughout the state.
On the county level, Hennepin County is changing the way they are approaching
human services. Some of the new concepts under RACOS (Results and Community
Oriented System) are:
1. Prevention and early intervention
2. Community involvement in planning and delivering services
• 3. Personal and family responsibility
4. Individually tailored services and flexible benefit packages
5. Accountability and effectiveness
The above changes being pursued by the county are in large part due to the changes
taking place at the state and federal levels.
On the local level, Family Services Collaboratives are looking at an integrated delivery
system that will provide "one stop shopping" for children and families utilizing the
human service delivery system. A key component of Family Services Collaboratives is
an "integrated fund" wherein participating organizations pool their resources to achieve
an integrated family support network.
The South Hennepin Family Services Collaborative is currently developing "one stop
shopping" in the development of Resource Centers. The county, schools, cities and
non-profit agencies of South Hennepin are pooling their resources to make the
Resource Centers a reality.
While the trend is to do more or at least the same with less and to fund services with
the highest priority, the necessity also exists to attempt to provide a somewhat more
stable funding source for the agencies that the City does fund. In view of this, a longer
• term funding commitment from the City is being proposed for the agencies funded by
the City.
Recommended Motion:
The Richfield Community Human Services Planning Council recommends to the City
Council, a two-year funding cycle based on priority needs with the second year being
contingent upon available funds starting with calendar 1997 funding.
Basis of Recommendation:
1. With the prospect of human service funding cuts for the next several years, local
communities will be urged to target their limited resources on the highest needs.
2. The practice of the past few years of providing some funding annually for a
particular set of agencies may not be the best way to continue the allocation of city
funds. While any funding is helpful to an agency's budget, relatively small amounts
may not have the "critical mass" to affect desired results.
3. With the establishment of targeted human service priorities, it may be more effective
to allocate the available funds to a limited number of agency services.
4. It may be more productive to fund limited high priority needs on a two-year basis to
allow additional time for proper design, implementation and evaluation.
•
05. It may be more productive to provide higher levels of funding for fewer programs
with the expectation that this will have increased potential to meet priority needs.
Alternative Recommendation:
Leave the current system in place.
Discussion/Decision Mode:
A final decision on recommendations should be made by August 31, 1996.
Respectfully submitted,
Prosser
Ja a tanager
City JDP:cak
0
CITY OF RICHFIELD, MINNESOTA
Study Session Letter No. 22
Agenda June 3, 1996
Issue Statement:
Staff will provide an overview of the City sign ordinance and seek direction from the
Council on possible revisions.
Background:
In August 1987, the City Council adopted a comprehensive ordinance regulating the
use of signs. A provision of that ordinance requires "non-conforming permanent signs"
to be removed ten years after adoption of the ordinance. A number of signs currently
erected will need to be removed. Staff has taken pictures of most of these signs and
they will be available for review by the Council on June 3.
Recommended Motion:
Review and provide staff direction on certain sections of the City sign ordinance.
Basis of Recommendation:
A ten year sunset provision in the sign ordinance makes a review at this time
appropriate.
Alternative Recommendation:
None.
Discussion/Decision Mode:
Staff will review the City sign ordinance and seek direction from the Council on any
potential revisions.
Respectfully submitted,
Jame D. Prosser
City Manager
JDP:ds
. Richfield City Code 416.01
Section 416 - Regulation of Signs
(Repealed Sec. 415, Bill No. 1987-24;
Added Sec. 416, Bill No. 1987-24)
416.01. Regulation of the use of signs. Subdivision 1. Definitions. For the
purposes of this section, the terms defined in this subsection shall have the
meanings given them. /
Subd. 2. "Abandoned sign" means a sign which no longer identifies or
advertises a bona fide business, lessor, service product or activity on the site
and/or for which no legal owner can be found.
Subd. 3. "Address sign" means a sign containing only the street address of
the site or building on which the sign is located.
Subd. 4. "Advertising sign" means a sign the primary function of which is
to. direct attention to a commercial product, commercial service or commercial
activity that is sold, offered, or conducted either elsewhere or upon the
premises where such sign is located,, or to which it is affixed.
Subd. 5. "Area identification sign" means a sign which is used exclusively
to identify any area of common identity such as a neighborhood, a multiple
residential development, a multiple commercial or multiple industrial
development. The sign may contain only the name of the neighborhood or multiple
residential, commercial or industrial development.
Subd. 6. "Awning" means a hood or cover which can be retracted, folded, or
collapsed and which is attached to and projects from a wall of a building.
Subd. 7. "Banner" means a sign made of fabric or any non rigid material
with no enclosing framework.
Subd. 8. "Bench sign" means any sign which is part of or is affixed to any
bench.
Subd. 9. "Business sign" means a sign that states the proper name of the
business, organization or institution located on the premises on which the sign
is located.
Subd. 10. "Canopy sign" means a sign which is part of or attached to any
roof-like structure, such as awnings, marquees or mansard roofs, which is a part
of or extends from a building.
Subd. 11. "Construction sign" means a temporary non-illuminated sign
announcing the names of architects, engineers, contractors or other individuals
or firms involved with the financing, construction, sale, leasing, alteration or
repair of a building. The sign may also announce the character of the building
enterprise or the purpose for which the building is intended.
Subd. 12. "Directional sign," means a sign used for the purpose of making
specific commercial, industrial, or public and semipublic locations known and to
assist in finding these locations.
Richfield City Code 416.01, Subd. 13
Subd. 13. "Flashing, traveling or changing message sign" means a sign with as
intermittent or flashing light source. This shall not include those components of
signs primarily providing public service information including time, date,
temperature, weather and public events.
Subd. 14. "Ground sign" means a sign attached to the ground on its own
structures and which is not attached to any building.
i
Subd. 15: "Grade" means the average elevation or level of the centerline of the
closest street which the sign abuts.
Subd. 16. "Home occupation sign" means a sign identifying any business operated
from a residential dwelling or accessory structure in a residential zoning district.
Subd. 17. "Identification sign" means a sign identifying the owner or tenants of
a building or portion thereof.
Subd. 18. "Illuminated sign" means any sign illuminated either by a light.source
which is not part of the sign area (indirect illumination); or by a source of light
which is part of the sign area (direct illumination).
Subd. 19. "Institutional sign" means a ground, wall, canopy or marquee sign or
bulletin board which identifies the public institution, governmental building, church
or other place of worship, school, or charitable organization including chartered
veterans organizations located on the site.
Subd. 20. "Institutional directional sign" means an off-premise sign directing*
persons to the location of an institution.
Subd. 21. "Motion sign" means any sign which rotates or has moving parts,
including propeller signs, but excluding banners and pennants.
Subd. 22. "On-site directional sign" means a sign used exclusively to direct
pedestrian or vehicle movement on a site. Such sign may not carry a commercial
message but may include a business logo or symbol.
Subd. 23. "On site sign" means an advertising sign which is located upon the
premises where the advertised business activity, use, product, services,
entertainment, commodities are sold, conducted or offered and which does not come
within the definition of "outdoor advertising display" as defined in subdivision 24 of
this subsection. On site signs identifying industrial uses may also call attention to
the product, goods, or material which is produced, or assembled on the premises.
Subd. 24 "Outdoor advertising display" means an advertising sign which
advertises businesses, uses, products, services, entertainment, commodities or other
activities not primarily or exclusively sold, offered or conducted at the premises
where the sign is located. The term shall not include the names of businesses, or the
products or services offered by such businesses, having multiple locations under the
same business name if the advertising sign is located on the premises of the business
and does not specifically advertise any other location.
Richfield City Code 416.01, Subd. 25
(Rev. 1988)
Subd. 25. "Pedestal sign" is a ground sign erected upon a single post or
shaft, or upon two posts or shafts that merge or touch at the base, or which are
not more than 15 feet apart, center of shaft to center of shaft, with the
display portion mounted thereon.
Subd. 26. "Permanent sign" means any sign designed or intended to remain
at a fixed location for long term use.
Subd. 27: "Portable sign" means a temporary sign designed to be moved from
one location to another.
Subd. 28. "Projecting sign" means a sign, except a canopy or roof sign,
which is attached to and projects from a structure or building a distance
greater than twelve inches in any direction.
Subd. 29. "Promotional display device" means any blimp or balloon over 18
inches in the largest dimension, equipment or vehicle not normally associated
with the business, or similar devices being used in connection with the pro-
motion of any event or activity.
Subd. 30. "Real estate sign" means a temporary sign advertising the sale
or lease of real property,.
Subd. 31. "Recreational sign" means an institutional or institutional
directional sign which identifies or describes a public facility providing
recreational services.
Subd. 32. "Roof sign" means a sign erected upon or located above the eave
or parapet wall of a building and/or located within the projected roof area.
Subd. 33. "Sign" means a display used to announce, declare, advertise and
attract the attention of the public. The term includes the sign face, the sign
structure and footings. (Amended, Bill No. 1988-3)
Subd. 34. "Sign area" means that area of a sign within a single continuous
perimeter enclosing the extreme limits of the actual sign surface excluding
structural elements outside the limits of such sign which do not form an
integral part of the display; or in the case of wall signs, individual character
signs, figures, symbols or canopy signs, the sign area shall be the area which
is included in the smallest rectangle which can be made to circumscribe each
letter, figure or symbol displayed thereon. For multi-face signs, the area
shall include the maximum number of single display surfaces visible from any
ground position at one time.
Subd. 35. "Sign face" means the display surface or surfaces visible from
any ground position at any time.
Subd. 36. "Sign height" means the vertical distance measured from grade to
the highest point of the sign or sign structure.
Subd. 37. "Sign structure" means the footings, supports, uprights,
bracing, framework and surface material of the sign.
Subd. 38. "Temporary election sign" means a sign promoting a political
candidate or issue appearing on the official ballot of any public election.
Richfield City Code 416.01, Subd. 39
(Rev. 1988)
Subd. 39. "Temporary ground sign (fixed)" means a sign which is supported
by posts imbedded in the ground and is designed so as to not be readily movable.
Subd. 40. "Temporary ground sign (portable)" means a sign which rests upon
the ground, or is mounted on a trailer, and so designed as to be readily
movable.
Subd. 41. "Temporary sign' means a sign not constructed or intended for
long term use. Banners and pennants are considered to be temporary signs.
(Amended, Bill No. 1988-3)
Subd. 42. "Traffic signs" means all signs, signals and markings, including
street identification signs and all signs authorized or permitted by Minnesota
Statutes, chapter 169.
Subd. 43. "Wall sign" means a sign which is attached to or erected against
or painted on the vertical wall of a building or structure with the exposed face
of the sign in a plane approximately parallel to the face of said wall.
Subd. 44. "Wind device" means any device which is designed to move in the
wind. Wind devices include banners, pennants and propellers and balloons 18
inches or less in any dimension.
Subd. 45. "Window sign" means a sign attached to or painted on either side
of a window which is visible from the exterior of the building. The term also
means a sign located inside the window which is designed primarily to be visible
from the exterior of the building.
416.02. Enforcement. Employees of the inspections division of the department
of public safety are hereby authorized to enforce the provisions of this section
in the manner provided in subsection 115.11 of this code. (Added, Bill No.
1988-3)
416.03. Sign construction permit. Subdivision 1. Permit required. Except as
provided in subdivision 3 of this subsection, it is unlawful to install,
construct, erect, alter, revise, reconstruct or relocate any sign, as defined in
these regulations without first obtaining a permit from the building official.
If the building official finds that the proposed sign is in compliance with all
requirements of this section, and the zoning provisions of the city code, a sign
construction permit shall be issued. Upon application for the sign permit, the
applicant shall apply for any required building and electrical permits.
Subd. 2. Application. Application shall be made on forms provided by the
building official. The form shall include the following information:
(a) The name, address and telephone number of the applicant.
(b) The name, address and telephone number of the person, firm,
corporation or other organization erecting the sign.
(c) The name, address, telephone number and written consent of the
owner of the property on which the sign is to be erected.
(d) The exact location of the sign on the site including its position
relative to buildings, structures, streets and property lines.
(e) Two copies of sign plans and specifications showing the
following:
Richfield City Code 416.03, Subd. 3
(Rev. 1988)
1) number of sign faces
2) sign colors and construction materials
3) sign dimensions
4) type, direction, location and intensity of sign illumination
and name of electrical contractor
5) method of construction
6) method of attachment to building or ground
7) stress sheets and calculations showing that the structure is
designed to meet the dead load and wind, pressure require-
ments of the building code.
Subd. 3. Sign construction permit exemptions. The following types of
signs are exempt from the requirement of this subsection but are subject to all
other requirements and standards applicable to signs:
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
(i)
(j)
(k)
Temporary election signs
Home occupation signs
Address signs
Identification signs not exceeding two square feet in sign
area
Traffic signs
Garage sale and estate sale signs
Real estate signs
Signs erected by governmental agencies in the discharge of
their governmental duties
Signs warning the public of hazards such as buried cable or
high voltage lines
Temporary window signs
Institutional directional signs not exceeding four square
feet in sign area.
Subd. 4. Permit fee. The application for a sign construction permit shall
be accompanied by the fee provided in Appendix D of this code. The fee required
in this paragraph is separate from and in addition to any other fees required by
this code.
Subd. 5. Approval of sign permit applications. Upon presentation of
application, permit fee, plans and specifications and other required
information, the sign construction permit shall be issued by the building
official, except as provided in subdivision 6 of this subsection.
Subd. 6. Special approval from council. In the case of an application for
a sign of unusual height, or location, the manager shall refer such sign to the
council for approval. No permit for any such sign, so referred, shall be issued
without first obtaining the approval of the council.
Subd. 7. Variance from terms of approval prohibited. No sign shall be
erected, used or maintained in a manner at variance from the provisions of this
code or different from that approved by the council.
Subd. 8. (Repealed, Bill No. 1988-3)
Richfield City Code
416.05
416.05. Sign installer license. Subdivision 1. License required. No person
shall engage in the business of erecting signs until licensed by the city council to
do so. No such license shall be required for the erection of signs exempt from sign
construction permits.
Subd. 2. Application. Application for a sign installer's license shall be made
to the city clerk upon such forms as required by the city. , The license fee in the
amount hereafter provided shall/accompany the application.
Subd. 3. License fee. The fee for a sign installer's license shall be in the
amount provided for in Appendix D of this code.
Subd. 4. License period. The licenses issued under this subdivision shall be
for an annual basis running from July 1 through June 30 of the next year.
Subd. 5. Bond. No permit shall be issued until the licensee has filed with the
city clerk a bond with corporate surety in the sum of $1000. The bond shall guarantee
that the licensee will fully and faithfully comply with the provisions of this
ordinance and other applicable city ordinances.
Subd. 6. Revocation or non-renewal of license. The sign installer's license may
be revoked or not renewed ,for any violation of the requirements of this section. The
decision to revoke or not renew a license may be made by the city after notice to the
licensee and a reasonable opportunity for the licensee to be heard.
districts.
(a) Signs prohibited. The following signs are prohibited in all zoning
districts of the city:
(1) Flashing and motion signs.
(2) Roof signs, including temporary roof signs, but excluding promotional
display devices.
(3) Any sign which obstructs ingress or egress from any fire escape, window
or door.
(4) Any sign located and maintained on or over any public property except
traffic signs and public directional signs, and signs on benches, bus
shelters and telephone booths.
(5) Any sign located, designed or maintained in a manner which is likely to
cause confusion or interfere with the visibility of traffic signs,
traffic control devices, crossroads, driveways or crosswalks.
(6) Temporary ground sign (portable).
(7) Searchlights.
(8) Abandoned signs.
(b) Signs permitted. The following signs are permitted in all zoning districts
of the city subject to all other applicable requirements contained in the code:
(1) Temporary signs.
416.07. District requirements. Subdivision 1. Provisions applicable to al-0
Richfield City Code 416.07, Subd. 1(b)(1)(i)
(i) Real estate signs which do not exceed six square feet in sign area
if located in residential districts and 64 square feet in
non-residential zoning districts. One real estate sign is permit-
ted on the property being offered for sale or lease. The sign
must be removed within seven days following the sale, rental or
lease of the property. One additional sign not exceeding six
square feet announcing the open house is permitted on the property
being offered for sale or lease on the day preceding the open
house and on the day of the open house.
(ii) Garage sale and estate sale signs subject to the same conditions
and restrictions as are applicable to real estate signs.
(iii) Constructions signs which do not exceed six square feet in sign
area in residential zoning districts and 64 square feet in sign
area in nonresidential districts. One sign is permitted and must
be located on the property where the construction is occurring.
The sign must be removed upon completion of construction. The
sign may not advertise any product or service. A combination
temporary real estate /construction sign cannot exceed 128 square
feet in sign area per sign face.
(iv) Temporary traffic control or warning signs.
(2) Address signs. One address sign is required on each building or
portion of a building with separate address. The sign must be of sufficient size and
located to be clearly visible from the street on which the address is assigned.
(3) Institutional and recreational signs. Permanent ground signs shall not
exceed 50 square feet in sign area per face and 25 feet in height and shall be set
back at least 10 feet from any street right-of-way. Temporary institutional ground
signs shall be subject to the provisions found in subdivision 2(d)(7) of this
subsection. Institutional wall, canopy and marquee signs shall not exceed 24 square
feet in total aggregate sign area. Institutional and recreational signs may not be
illuminated if located in residential zoning districts between the hours of 11:00 p.m.
and 6:00 a.m.
(4) Institutional directional signs.
(5) Traffic control and regulation signs and public directional signals.
(6) Signs permitted pursuant to section 805 of this code.
Subd. 2. Specific district regulations. The following signs are permitted only
in the districts indicated and shall be regulated according to the requirements herein
set forth:
(a) Single and two family residential districts (R, R-1, MR-1):
(1) Home occupation or identification sign. One non-illuminated home
occupation sign not exceeding two square feet in sign area or one
non-illuminated identification sign not exceeding two square feet in
area.
Richfield City Code 416.07, Subd. 2(a)(2) "
(2) Area identification sign. One non-illuminated sign per abutting street 0
not exceeding 24 square feet in sign area and not exceeding six feet in
height. Such sign must not be located closer than 10 feet from any
street right-of-way.
(3) Temporary election signs subject to the following regulations:
(i) No sign may ,exceed eleven square feet in area on one side. Signs
shall not be designed to have more than two sides.
(ii) No sign may be placed earlier than the Saturday closest to 90 days
before the general, special or school election to which the sign
relates.
(iii) All signs must be removed from display no later than four days
following the election to which they relate. Signs relating to
unsuccessful primary election candidates shall be removed within
four days following the primary election.
(iv) In addition to the other remedies available to the city under this
code, any sign remaining on display beyond the times specified in
subparagraph (iii) of this paragraph is deemed abandoned to the
city and may in the city's discretion be removed, destroyed or
otherwise disposed of.
(v) It shall be the responsibility of the sign owner, the property
owner, and in the case of a single family residence, the
occupants, to comply with the provisions of this paragraph.
(vi) No such sign shall be placed or maintained without the prior
approval of the property owner, and in the case of a single family
residence, the occupant.
(vii) No sign shall be located closer to the traveled roadway than 10
feet behind the nearest curb.
(viii) No sign shall be located within the 50 foot triangle of the street
intersection.
(b) Multiple family residential districts (MR-2, MR-3):
(1) Identification signs. One wall sign is permitted per building not
exceeding 12 square feet in sign area.
(2) Home occupation signs. One non-illuminated sign per building not
exceeding two square feet in sign area.
(3) Area identification signs. One freestanding sign not exceeding 24
square feet in sign area or 4 feet in height is permitted per area with
3 or more residential buildings. Such signs shall not be closer than
10 feet from any street right-of-way and not closer than 50 feet from
any street intersection.
Richfield City Code
416.07, Subd. 2(b)(4)
(4) On-site directional signs. Such signs may not exceed three square feet
in sign area and if freestanding may not be more than four feet in
height.
(5) Temporary ground signs other than those described in subdivision
1(b) (1) of this subsection may be located only on property owned by a
church, school, or non-profit civic or veteran's organization.
(6) Temporary election signs subject to the same regulations contained in
subdivision 2(a)(3) of this subsection.
(c) Neighborhood business districts (C-1):
(1) Identification signs. One wall sign is permitted per building. The
sign may not exceed six square feet in sign area and may identify only'
the building address and the names of the businesses located in the
building.
(2) On-site directional signs. Such signs may not exceed three square feet
in area and if freestanding shall not exceed four feet in height.
(3) Ground signs. One freestanding sign not exceeding 50 square feet in
sign area and 27 feet in height is allowed for each building. This
limitation shall include all types of freestanding signs except traffic
and directional signs. A minimum vertical clearance of 14 feet is
required for any such sign located within 25 feet of any street or
driveway intersection or at any other location where pedestrian or
vehicle traffic is required to pass under the sign.
(4) Wall, canopy and marquee signs. The total sign area for all such signs
may not exceed 15 percent of the total wall area of the portion of the
wall of the building to which they are attached. In the case of
multiple occupancy, the total area of wall, window, canopy or marquee
signs which each occupant may erect will not exceed 15 percent of the
exterior wall of the portion of the building occupied by that occupant
and to which the sign is affixed.
(5) Window signs. The total sign area of such signs shall not exceed 30
percent of the area of the window they are attached to or displayed
f rom.
(6) Projecting signs. One projecting sign not exceeding six square feet in
sign area may be erected for each occupant. Such sign shall have a
minimum vertical clearance of eight feet and shall project no more than
four feet form any wall and shall be rigidly affixed to its supports
and the building. If illuminated, such sign may utilize only indirect
illumination.
(d) General commercial and industrial districts (C-2, and I):
(1) Identification signs. One wall sign is permitted per building not
exceeding six square feet in sign area. The sign may identify only the
building address and the names of the businesses located in the
building.
}
Richfield City Code 416.07, Subd 2(d)(2)
(Rev. 1988)
(2) On-site directional signs. Directional signs are permitted which
do not exceed three square feet in sign area and if freestanding
do not exceed four feet in height.
(3) Ground signs. The total sign area for all ground signs except
traffic and directional signs on any property shall not exceed
200 square feet in sign area and not more than 27 feet in height.
Where ground signs are located in front of the building setback
line, minimum vertical clearance of 7 feet must be maintained
below any ground sign. Where a ground sign projects over a
sidewalk, a minimum vertical clearance of 8 feet must be
maintained below the sign. A minimum vertical clearance of 14
feet must be maintained below any ground sign where vehicle
traffic passes underneath. (Amended, Bill No. 1988-3)
(4) Wall, canopy and marquee signs. The total sign area for such
signs will not exceed 15 percent of the total wall area of the
portion of the wall of the building to which they are attached.
In the cases of multiple occupancy, the total area of wall,
window, canopy or marquee signs which each occupant may erect
will not exceed 15 percent of the exterior wall area of the
portion of the building occupied by that occupant and to which
the sign is affixed.
(5) Window signs. The total sign area of such signs shall not exceed
30 percent of the area of the window they are attached to or
displayed from.
(6) Projecting signs. One projecting sign not exceeding six square
feet in sign area is permitted on each business. Such sign must
have a minimum vertical height clearance of eight feet, may
project no more than four feet from any wall and shall be rigidly
affixed to its supports and the building.
(7) Banners, wind devices, promotional display devices and fixed
temporary ground signs subject to the following standards:
(i) Fixed temporary ground signs, banners, wind devices attached
to any structure, vehicle, equipment or inventory and
constructed of canvas, plastic material, cloth, rubber or
other combustible material with or without framework; shall
be strongly constructed and shall be securely attached to
their supports. They shall be removed (including all frame-
work and supports) as soon as damaged or torn.
(ii) There shall not be more than one fixed temporary ground sign
on any building frontage.
(iii) No fixed temporary ground sign, banner, wind device, or
promotional display device shall project over public
property or right-of-way.
1 ]
Richfield City Code 416.07, Subd. 2(d)(7)(iv)
(Rev. 1988)
(iv) No fixed temporary ground sign, banner, wind device or
promotional display device shall be located in the city
without first obtaining a permit therefor from the building
official. The building official may impose conditions upon
the granting of such permit including the size of such sign
or devices. It shall be unlawful to locate or maintain any
such sign, banner or device for a longer period or in a
different mdnner than that specified in the permit. No such
permit shall be for a period of more than 7 days. No more
than 4 permits shall be issued to any business organization
or institution within any calendar year. No such permit
shall be granted where such fixed temporary sign, banner, or
device is prohibited by other provisions of this code.
Permits required by this subdivision are subject to the
minimum fee contained in Appendix D. The fee required under
subsection 416.03, subdivision 4 for the sign construction
permit may be waived by the city council if the sign,
banner, or device is to be erected by nonprofit civic or
religious institutions or by public bodies. (Amended, Bill
No. 1988-9)
(8) Offsite directional signs. In addition to the signs permitted by
the preceding provisions a hotel, restaurant or shopping center
located on property having frontage on a freeway (1494, I35W,
Crosstown Highway 62, and Trunk Highway 77) may have offsite
directional signs on other property abutting upon a freeway if
the council. grants a permit therefor. The application for such
permit shall be made to the building official and shall contain
such information as to establish the necessity of such sign. No
such permit shall be issued until after the city council has
conducted a public hearing on the matter. Published and mailed
notice of the public hearing shall be provided to property owners
within 350 feet of the site where the sign is to be located at
least 10 days prior to the date of the public hearing. The-
council shall not grant such a permit unless it determines that
the following conditions will be met.
(i) The offsite directional sign shall be located on C-2 general
commercially or I general industrially zoned property.
(ii) The sign is directional only, indicating which exit from the
freewa;, should be used.
(iii) That there are conditions present on the site which obscure
the visibility of the site and make it difficult for a
motorist to determine how to get to the site.
(iv) Such sign shall have a sign area of no more than 100 square
feet in area and be no more than 27 feet in height.
(v) That the design of the sign and lettering thereon shall be
simple and easily read, containing a minimal number of words
with no unnecessary decoration or pictures.
Richfield City Code
416.07, Subd. 2(e)
(Rev. 1991)
(vi) That the offsite directional sign will not conceal or
obscure or otherwise adversely impact other buildings or
signs in the area.
(vii) That the offsite directional sign will not have an
adverse impact on traffic safety.
(e) Planned unit developments. Only the signs shown on the approved PUD
plan shall be permitted. i
(f) C-3 high density commercial.
(1) General rule. Only those signs approved as part of the site
plan review process required by section 520 of this code shall
be permitted. All signs lawfully existing on August 1, 1987
shall be deemed to be nonconforming signs subject to the
provisions for nonconforming signs found in subdivision 5 of
subsection 416. 11, and in the case of outdoor advertising
displays, subject to the provisions found in subdivision 3 of
subsection 416.09 of this code. (Added, Bill No. 1988-3)
(2) Special rule. Notwithstanding any provision in this section
to the contrary, the council may, at its discretion and
subject to conditions deemed appropriate by it, issue a permit
authorizing a sign which states the proper name of a business
("sign") if the council finds all the following conditions to
be present:
(i) the proprietor of the business requesting the sign would
not otherwise be required to submit to the site plan
approval process pursuant to subsection 520.35 of this
code;
(ii) the business is located in an area characterized by a
number of businesses which are structurally connected so
as to present a shopping center appearance;
(iii) the sign is located either on the parcel on which such
business is conducted or within 150 feet of such parcel;
(iv) there is no other freestanding sign affixed to a
separate ground support on the parcel on which the sign
is proposed to be located;
(v) the proprietor of the business requesting the sign has
no other freestanding sign pertaining to that business
affixed to a ground support located either on the parcel
on which the business is located or upon another parcel;
(vi) if located on another parcel, the owner of that parcel
has consented in writing to the sign location;
(vii) if located on another parcel, the sign will be attached
to the ground support which supports any other business
sign located on such parcel along the same property
line, and the total sign area for all such signs does
not exceed 250 square feet;
Richfield City Code
416.07, Subd. 2(f)(2)(viii)
(Rev. 1993)
(viii)if located on the parcel, the sign area does not exceed
200 square feet;
(ix) the proprietor requesting the sign has submitted an
application on forms provided for that purpose and has
paid the fee provided in Appendix D of this code; and
(x) the location, design and construction of the sign will
not be detrimental to the. general public health, safety
or welfare. (Amended, Bill No. 1991-11)
(g) 77th Street Corridor. The following special provisions shall apply
to properties located in the 77th Street Corridor, defined as that
area bounded on the north by 77th Street, on the east by Cedar
Avenue/T.H. 77, on the west by I-35W, and on the south by a line
drawn parallel to and 150 feet southerly of the southerly right of
way of 77th Street.
(1) Any sign otherwise permitted under this section 416 is
permitted in the 77th Street Corridor, except as expressly
modified in this paragraph (g).
(2) Business directional signs. In addition to the signs
permitted under the preceding provisions of this subsection
416.07, off-site directional signs may be placed on properties
that immediately abut 77th Street, subject to the requirements
of this clause (g)(1). A business directional sign requires
a permit issued by the council. The application for such
permit shall be made to the building official. Upon receiving
an application, the building official shall involve the
planning and transportation divisions in a review of the
application. No such permit shall be issued without first
obtaining the approval of the council. The council shall not
approve the permit unless it determines that all of the
following conditions are or would be met.
(i) The sign must direct traffic to a business located on
property abutting I-494, but which does not abut on 77th
Street, 77-1/2 Street, I-35W, Lyndale Avenue, Nicollet
Avenue, Portland Avenue, 12th Avenue or Cedar Avenue.
(ii) The permit application must be made by the business
served by the sign. If the sign is to be located on
private property, the owner of the property must consent
to the application.
(iii) The sign must be placed at least 14 feet south of the
south curb line of the 77th Street roadway; and at least
six feet from any other public roadway, as measured from
the back of the curb. Notwithstanding any other
provision of this section 416 to the contrary, a
business directional sign may be located within the
unused right of way of a city street.
(iv) The sign location must not create a traffic hazard.
s
f'
Richfield City Code 416.07, Subd. 2(g)(2)(v)
(Rev. 1993)
(v) The business served by the sign may not have more than
one sign face addressing each direction of 77th Street
anywhere in the 77th Street Corridor. The sign may be
double-faced, or upon a showing of need, two separate
single-faced signs may be utilized to address each
direction of 77th Street. Sign faces shall be
positioned at approximately right angles to the 77th
Street roadway.
(vi) The business owner served by the sign must demonstrate
that he or she has contacted other eligible businesses
in the vicinity to determine whether they are interested
in going together on one sign.
(vii) In no instance may more than three businesses be
represented on one sign face. Such signage shall comply
with the following size requirements:
a) one business 24 inches wide by 18 inches high
b) two businesses - 24 inches wide by 24 inches high
c) three businesses - 24 inches wide by 30 inches high
(viii)The business owner(s) being served by such signage are
responsible for the purchase and installation of the
sign.
•
(ix) The sign must contain the name of the business (or
businesses) and an arrow indicating which direction to
turn. In special circumstances it may be necessary to
use text in lieu of an arrow to indicate the appropriate
direction (i.e., next left). In any case, the use of
text shall be kept to a minimum.
(x) Signs may not contain advertising messages. The sign
may contain a color logo not to exceed 36 square inches
for each business. In the case of multiple businesses
on one sign, logo placement shall be approved by staff.
(xi) The sign shall be mounted at a height of seven feet, as
measured from the bottom of the sign to the ground level
at the top of the abutting street curb.
(xii) The sign shall have a medium blue background. All
lettering and arrows shall be white. All lettering
shall be upper-case helvetica style, four inches in
height.
(xiii) The corners of the sign face shall be rounded. The sign
face shall have a white border just inside the edge.
Such border shall be three-quarters of an inch in width.
The corners of the sign border shall be rounded to-fit
the sign face.
•(xiv) The sign face shall be metal or other material as
approved by the city. is
Richfield City Code
416.07, Subd. 2(g)(2)(xv)
(Rev. 1993)
(xv) The sign shall be mounted on a single iron post of
sufficient,,gauge tosafely secure the sign face. The
business` (or businesses) served by such signage shall be
responsible for contacting the utility companies before
installing the post.
(xvi) The business (or businesses) being served by off-site
directional signage shall keep such signage in proper
position, clean, and legible at all times. Damaged
signs shall be replaced by the business within 20 days
of wiitten notice to repair such damaged sign by the
City. Failure to repair damaged signs within the 20
days will result in revocation of the permit and removal
of the sign by the city.
(xvii)In instances where the 77th Street off-site signage does
not lead traffic directly to the business via the
north/south avenues, the business may install one off-
site directional sign near the end of the avenue, as
approved by staff. This sign shall be installed and
designed similar to the 77th Street off-site sign,
however, the sign face shall be no more than six inches
in height by 24 inches in length. In unique
circumstances (i.e., business with unusually long name)
the Council may approve a sign face that is more than 24
inches in length.
(3) Ground monument signs. A ground monument sign which is
otherwise permitted under this subsection 416.07 must conform
to the following requirements. The sign may not exceed ten
feet in height or 60 square feet in area, and must be located
within a landscaped area at least equivalent to the sign's
area. The sign may be located outside of a landscaped area if
such a sign meets the following design criteria:
(i) it is located on a base of stone, or brick that is at
least three feet in height and 150% of the width of the
sign face.
(ii) the stone or brick base contains a planter which
occupies at least 100% of the total surface area
parallel to the ground plane of the base and is planted
with annual or perennial flowers.
Ground signs may be illuminated so long as light and glare
from such signs is not visible from residential property north
of 77th Street.
(4) Pedestal signs. Notwithstanding any other provision of this
subsection 416.07, pedestal signs are permitted within the
77th Street Corridor only if all of the following conditions
are met:
(i) The pedestal sign is located on property fronting on
Lyndale, Portland or Nicollet Avenues or on a corner lot
with primary entrance on 77th Street and secondary
street wall facing Lyndale, Portland or Nicollet
Avenues;
Richfield City Code
416.07, Subd. 2(g)(4)(ii)
(Rev. 1993)
(ii) The pedestal sign must be set back a minimum of ten feet
and not more than 20 feet from the property line and any
public right of way;
(iii) The base of the pedestal sign must be located within a
landscaped area that is equal in area to that of the
sign face, and at least 30% of the landscaped area must
contain plantings which will achieve a mature height
equal to one third of the pedestal height;
(iv) The pedestal sign must meet the size, area, and height
limitations applicable for the zoning district in which
the property is located.
(5) Wall signs. Notwithstanding any other provision of this
subsection 416.07, wall signs which face 77th Street are not
permitted, except as provided in this paragraph.
(i) In MR-1, MR-2 and MR-3 zoning districts, one wall sign
is permitted per building. The sign may not exceed six
square feet in area. For multiple building complexes,
one additional sign may be placed on the building
housing the complex office or building closest to the
street.
(ii) In C-1, C-2, C-3, and I zoning districts, wall signs
that face 77th Street will be permitted only on
buildings which have a primary entry and orientation to
77th Street. Wall signs will not be permitted on walls
which serve as a side or rear wall. The total sign area
for wall signs may not exceed 15% of the total wall area
of the portion of the wall of the building to which the
signs are attached. In the case of multiple occupancy,
the total area of wall, window, canopy or marquee signs
which each occupant may erect may not exceed 152 of the
exterior wall area of the portion of the building
occupied by that occupancy and to which the sign is
affixed.
(6) Window signs. Notwithstanding any other provision of this
subsection 416.07, window signs are not permitted in or on any
windows facing 77th Street. Window signs will be permitted in
or on windows facing streets other than 77th Street, provided
that the signs meet the requirements of the applicable primary
zoning district.
(7) Projecting signs. Notwithstanding any other provision of this
subsection 416.07, projecting signs are not permitted from any
building wall that faces 77th Street.
(8) Banners, wind devices, promotional display devices and fixed
temporary ground signs will not be permitted within the 77th
Street Corridor. (Added, Bill No. 1993-18)
0
J
Richfield City Code 416.09
416.09. Outdoor advertising displays. Subdivision 1. Permit required. No new
outdoor advertising display may be established in the city unless a permit is first
obtained. Permits may be issued by the city council only after a public hearing
preceded by the giving of 10 days notice mailed to the owners and occupants of all
properties located in whole or in part within 660 feet of the proposed outdoor
advertising display. Failure to comply with this notice requirement, however, shall
not invalidate the proceedings. The council may attach conditions upon the granting
of any permit. '
Subd. 2. The following regulations apply to all outdoor advertising displays
within the city:
(a) Outdoor advertising displays are permitted only in the C-2, PC-2, I and
PI districts of the city.
(b) An outdoor advertising display may not exceed 750 square feet in sign
area per face.
(c) An outdoor advertising display may have no more than two sign faces.
(d) All outdoor advertising displays will be freestanding signs either
supported by a single or double column or some other support which has
all structural and support members screened from view from all
directions.
(e) Outdoor advertising displays may not be located closer than 1,000 feet
apart as measured along the same side of the same roadway.
(f) The sign face of outdoor advertising displays must not be visible from
the boundary of any residentially zoned property which is located
entirely or partially within 300 feet of the sign face.
(g) Outdoor advertising displays may not be located within 300 feet of any
school or church.
(h) Outdoor advertising displays must comply with the setback requirements
for buildings in the zoning district in which they are located. Any
variance from those requirements will be subject to the procedure
established in the zoning code for such variances.
(i) No outdoor advertising displays may exceed 27 feet in height above the
ground level of the nearest street towards where it faces. The council
may permit an increase in the allowable height to a maximum of 48 feet
in the event that the following findings are made.
(1) As a result of unique circumstances, a sign 27 feet in height
could not be located on the premises so as to be visible from the
abutting street which it faces or that the visibility of the sign
from such street could be substantially obstructed.
Richfield City Code 416.09, Subd. 2(1)(2)
(2) The increased height of the sign would be unlikely to have an3*
adverse or detrimental impact upon traffic safety, pedestrian
safety, aesthetics, or the value of other properties within the
area.
(j) No outdoor advertising display may exceed 65 feet in length.
(k) Outdoor advertising displays shall not be closer than 660 feet from the
right-of-way of any freeway within the city (including Highways 35-W,
494, 62 and 77). No "traveling" or changing message sign shall be
located so as to face any freeway or be visible from the freeway. Any
outdoor advertising displays legally located within 660 feet of any
such freeway at the time of adoption of this provision may be replaced,
subject to compliance with the other provisions of the part and subject
to the limitations hereinafter contained, either in the same location
or at another location along any such freeway provided that such
alternate location is first approved by the council. The council may
approve a relocation if it finds that the relocation will lessen any
adverse impact of the sign upon traffic safety and aesthetics.
(1) A permit shall not be issued for any new outdoor advertising display if
such outdoor advertising display would be within 300 feet of any other
such outdoor advertising display already in existence in the interior
of the same city block or its equivalent area.
Subd. 3. Nonconforming outdoor advertising displays. Outdoor advertising
displays lawfully erected and located on the effective date of this subsection may
continue subject to the following limitations:
(a) Except as provided in subdivision 2, paragraph (k) of this subsection, no
nonconforming outdoor advertising display may be expanded, rebuilt,
relocated or altered without being brought into conformity with the
requirements of this ordinance. This provision shall not apply to the
following circumstances.
(1) The rebuilding of an outdoor advertising display which sustains damage
the repair of which in the opinion of the building official will cost
less than 50% of the replacement cost of physical structure prior to
the damage.
(2) Nonstructural alterations or modifications designed to improve the
appearance of the sign and changes of the sign face.
(b) Any outdoor advertising display which is not used for advertising purposes
for a period of more than two years shall be deemed abandoned and must be
removed by the owner of the parcel on which it is located.
416.11. Construction, design, location and maintenance of signs. Subdivision 1. All
signs; construction, design, location and maintenance. Every sign shall conform to
the standards of this part whether or not a permit therefor is required, and nothing
contained herein shall be construed as modifying or repealing any of the provisions ofis
this code relating to zoning. No sign shall be so located as to obscure or tend to
obscure any existing sign. The following additional requirements are to be observed:
I
Richfield City Code 416.11, Subd. 2
(a) Where portions of a sign are subject to different classifications, each
portion shall meet the requirements of its classification.
(b) All signs and sign structures shall be maintained in a safe condition and in
a state of good repair at all times. No sign shall display obscene matter.
Subd. 2. Ground signs; construction and design. The following standard shall be
maintained for all ground signs:
(a) The owner, lessee, or occupant of the land on which the ground sign is
located, and the owner of the sign, shall keep the property on which the
sign is located free of long grass, weeds or other rank grown, rubbish or
debris.
(b) All parts of ground signs, shall be designed for wind pressure of not less
than 30 pounds per square foot, and permanent ground signs of wood
construction shall.-have all members which extend into the ground protected
from decay by treatment with a preservative as required by the building
code.
(c) Pedestal signs permitted by the zoning regulations of the city and by this
part may be located adjacent to the right-of-way of a street or highway, but
no part thereof shall extend over the right-of-way.
(d) The minimum clearance of any sign from unprotected electrical conductors
(whether poles or other installations) shall be not less than 36 inches for
conductors carrying not over 600 volts, and 48 inches from conductors
carrying more than 600 volts.
Subd. 3. Projection signs; construction and design. The following standards
shall be maintained for all projection signs:
(a) All portions of projection signs shall be designed for a wind pressure of
not less than 30 pounds per square foot.
(b) Such signs shall not project over public street right-of-way, but may
project over sidewalks located on private property such as shopping center
sidewalks. No such sign shall be less than 12 feet above the level of the
sidewalk; provided that such signs which do not-exceed four square feet, and
which do not project more than two feet over the sidewalk may be eight or
more feet above the sidewalk.
(c) The building or structure from which any such sign projects and all
attachments or fastenings must be so constructed as to safely resist the
dead load and the wind load added by the attached sign. The sign must be
rigidly attached to its supports.
(d) All such signs shall be of non-combustible materials, or of fire retardant
construction.
Subd. 4. Wall signs; construction and design. The following standards shall be
maintained for all wall signs:
i
Richfield City Code
416.11, Subd. 5
(Rev. 8-31-90)
1
(a) No wall sign shall have a projection over a private sidewalk or an
. established building line of more than 12 inches.
(b) The materials, construction and attachment of any such sign shall conform
to the requirements of the building code.
Subd. 5. Nonconforming signs.
(a) Any sign prohibited by this ordinance or not in conformance with the
standards, requirements and provisions of this ordinance, which was
lawfully erected and maintained prior to this ordinance, shall be defined
as a nonconforming sign.
(b) Except as provided in subsection 416.09 subdivision 3, all nonconforming
signs shall be removed or brought in conformity with this ordinance within
the following time periods:
1•. Any nonconforming temporary sign:
this ordinance.
2. Any nonconforming permanent sign:
adoption of this ordinance.
within 60 days of the adoption of
within ten (10) years of the
(c) Nothing in this ordinance shall relieve the owner or user of any
nonconforming sign or owner of the property on which the nonconforming sig
is located from maintaining the sign in a manner consistent with AS
provisions of this ordinance.
(d) Nonconforming signs shall not be expanded, rebuilt, relocated or altered
other than to change the copy without being brought into compliance with
the requirements of this ordinance. Nonstructural alterations or
modifications designed to improve the appearance of the sign which do not
increase the sign area are permitted.
(e) Whenever use of a nonconforming sign has been discontinued for a period of
two years, such use shall not thereafter be resumed unless it is in
conformance with the provisions of this ordinance.
416.13. Effect of state law. Notwithstanding any provisions of this section to the
contrary, all noncommercial signs of any size may be posted from August 1 in a general
election year until ten (10) days following the state election. (Added, Bill No.
1990-11)
CITY OF RICHFIELD, MINNESOTA
Study Session Letter No. 21
Agenda June 3, 1996
Issue Statement:
Discussion and progress status of Cable Refranchising Ordinance with Paragon Cable.
Background:
The City of Richfield is currently a member of the five-city Southwest Suburban Cable
Commission (SWSCC) which administers the provisions of the cable franchise
ordinance with Paragon Cable. The SWSCC includes the cities of Richfield, Eden
Prairie, Edina, Hopkins and Minnetonka. The franchise ordinance currently in force will
expire on December 31, 1999.
Paragon and the SWSCC have concluded that it is in the best interests of both the
cable customers of the five cities and the company to proceed with an early renewal of
the franchise ordinance (agreement). The early renewal process would facilitate an
extensive investment in the cable system of the SWSCC by upgrading the system to
750 MHz. This would provide a significant increase in the channel capacity and
picture quality of the service now available to Richfield residents.
• The negotiations that have occurred to date concerning the franchise renewal have
been conducted by city manager representatives of the five cities, the attorney for the
SWSCC and representatives of Paragon Cable. Paragon Cable has been represented
primarily by Wayne Knighton, Division President and Kim Roden, Vice President of
Public Affairs.
There are several important issues to be agreed upon by the SWSCC and Paragon
before the franchise renewal negotiations can be concluded. Those issues are outlined
in the attachment. One major issue includes language for a "level playing field" in the
event another wired cable provider is operating within the SWSCC area and is not
subject to provisions of the franchise ordinance. Other major issues include the
provision of public access studios and channels, franchise fees, technology issues and
services to be provided to residents of the SWSCC.
Once the franchise renewal terms have been negotiated, the terms of the proposed
franchise would be forwarded to the SWSCC for formal action and recommendation to
the five cities. Each city must hold the appropriate public hearing and act to approve or
disapprove the franchise ordinance as recommended by the SWSCC.
The purpose of the discussion on June 3 is to provide an opportunity for the cable
company and City staff to informally present a status report of the major issues of
40 negotiations to the City Council and to provide a forum for questions or discussion.
Recommended Motion:
Discuss the status of the franchise renewal with Paragon Cable.
Basis of Recommendation:
1. The franchise renewal is targeted for action by the SWSCC in June and will likely
come before the individual city councils for action sometime in July 1996.
2. This session has been scheduled in order to provide an informal setting within
which to present information concerning the status of the negotiations between
the SWSCC and Paragon Cable.
Alternative Recommendation:
1. The City Council could forego this discussion and wait for the official council action
on this item to discuss the terms of a new franchise ordinance.
Discussion/Decision Mode:
This item has been scheduled for June 3, 1996 to provide the City Council with
adequate time to consider the major issues concerning the franchise renewal of the
City's cable television ordinance.
Respectf Ily submitted,
a
. Jam . Prosser
City Manager
JDP:ds
0
• MEMORANDUM
TO: Southwest Suburban Cable Commission
City Managers' Committee
FROM: Staff
SUBJECT: Franchise Renewal Process
DATE: May 30, 1996
Below we have outlined the language agreed upon regarding the major issues outlined by the
City Managers and Paragon Cable.
I, PUBLIC ACCESS
A. Public Access Channels.
Paragon Cable will continue to provide four public, educational and government
(PEG) access channels.
The City may request a State-of-the-Art review at any time between the sixth year
anniversary and the twelfth year anniversary of the granting of this Franchise.
In conducting a State-of-the-Art review, the City shall undertake the following
process:
(a) The City and the Grantee shall undertake a review of the then existing
Cable System. This review shall, at a minimum, take into account the
following: (1) characteristics of the existing System; (2) the State-of-the-
Art; (3) additional benefits provided to customers by the State-of-the-Art;
(4) the market place demand for the State-of-the-Art; and (5) the financial
feasibility of the State-of-the-Art taking into account associated rate
increases, and the premature retirement of assets.
(b) The City shall hold at least two (2) public hearings to enable the
general public and Grantee to comment and to present evidence.
(c) For the purposes of this Section the term "State-of-the-
Art" shall mean equipment or facilities that: (1) are readily available with
reasonable delivery schedules from two (2) or more sources of supply; (2)
have the capability to perform the intended functions demonstrated within
communities with similar characteristic (including, but not necessarily
limited to, population, density, subscriber penetration, etc.) under actual
operating conditions for purposes other than tests or experimentation; and
(3) are technically and economically feasible to implement. The term
"State-of-the-Art" shall not include equipment or facilities associated with
or dedicated to the general public, educational or governmental access or
telecommunication services.
(d) Notwithstanding anything to the contrary, the City may not undertake
a State-of-the-Art review at any time the Grantee is deemed subject to the
effective competition pursuant to then applicable state or federal law.
B. Studio/Facilities.
Paragon Cable will provide one large facility containing one studio with the
current square footage of the Eden Prairie studio for public, educational and
governmental access which will be located in Eden Prairie. The studio will have
the capacity for audience participation. The facility will include two separate
editing suites, storage space and the entire facility will be wheelchair accessible.
The facility shall have more hours than currently provided, including regular
hours during the week, weekend hours and some week night hours.
C. ui ment.
No agreements have been reached on the equipment which will be necessary in
the new studio.
D. Funding for PEG Access.
Paragon shall provide $200,128 for PEG access. This will be itemized as a
separate line item on each customer's bill. (It is approximately 31C per month
per customer.) This amount will provide the following services: (a) labor costs;
(b) educational consultant; (c) facilities and utilities; (d) access expenses; and (e)
educational expenses. Paragon will no longer be required to provide the access
news show.
E. Public Access Users.
If the cities request, Paragon Cable will work with the cities to charge a nominal
fee to users of the PEG access facility.
H. CUSTOMER FOCUS
A. Commercial Channels.
Grantee agrees to build a system having a capacity of 750 MHz which is the
equivalent of 112 6 MHz analog video channels. However, Paragon will initially
use the 54 MHz-550 MHz section of the system to deliver analog signals and
is reserve the 550 MHz to 750 MHz section for digital applications. Stated in terms
2
of 6 MHz analog channels the 54 MHz to 550 MHz of the system has capacity
for 79 channels. The present system has capacity for 58 analog channels.
E. Social Contract.
The Social Contract between Time Warner Cable and the Federal
Communications Commission is attached hereto as Exhibit A. It is expressly
understood by the City and the Grantee that the Social Contract is made a part
hereof for informational purposes only. Inclusion of the Social Contract by
reference is not intended to nor shall it create any right of the City to enforce any
provisions of the Social Contract directly or indirectly under the,terms of this
Franchise. The parties expressly acknowledge and understand that the Social
Contract and the obligations contained are enforceable exclusively by the FCC as
more fully set forth in the Social Contract.
C. Technological Changes.
The City may request a State-of-the-Art review at any time between the sixth year
anniversary and the twelfth year anniversary of the granting of this Franchise.
In conducting a State-of-the-Art review, the City shall undertake the following
process:
(a) The City and the Grantee shall undertake a review of the then existing
Cable System. This review shall, at a minimum, take into account the
following: (1) characteristics of the existing System; (2) the State-of-the-
Art; (3) additional benefits provided to customers by the State-of-the-Art;
(4) the market place demand for the State-of-the-Art; and (5) the financial
feasibility of the State-of-the-Art taking into account associated rate
increases, and the premature retirement of assets.
(b) The City shall hold at least two (2) public hearings to enable the
general public and Grantee to comment and to present evidence.
(c) For the purposes of this Section the term "State-of-the-
Art" shall mean equipment or facilities that: (1) are readily available with
reasonable delivery schedules from two (2) or more sources of supply; (2)
have the capability to perform the intended functions demonstrated within
communities with similar characteristic (including, but not necessarily
limited to, population, density, subscriber penetration, etc.) under actual
operating conditions for purposes other than tests or experimentation; and
(3) are technically and economically feasible to implement. The term
"State-of-the-Art" shall not include equipment or facilities associated with
or dedicated to the general public, educational or governmental access or
telecommunication services.
0
(d) Notwithstanding anything to the contrary, the City may not undertake
a State-of-the-Art review at any time the Grantee is deemed subject to the
effective competition pursuant to then applicable state or federal law.
D. Periodic Customer Surveys.
(a) The Grantee shall upon request of the City and at times mutually agreed upon
by the parties, but no more frequent than once every three years conduct a
random survey of a representative sample of subscribers. Each questionnaire
shall be prepared and conducted in good faith so as to provide reasonably reliable
measure of customer satisfaction with: (1) audio and signal quality; (2) response
to customer complaints; (3) billing practices; (4) programming; and (5)
installation practices;
(b) The survey shall be conducted in conformity with standard research
procedures including the use of telephone survey conducted by an independent
person in the business of regularly conducting such surveys. The survey shall
consist of a sample size of three hundred (300) customers or such other sample
size as to yield a margin of error of plus or minus six percent (6%) or less of the
total customer base.
(c) The Grantee shall report the results of the survey and any steps the Grantee
may be taking in response to the survey within sixty (60) days of the completion
of the survey.
(d) Notwithstanding anything to the contrary, the Grantee shall be under no
obligation to conduct a survey at any time the Grantee is deemed subject to
effective competition under then applicable state or federal law.
E. Customer Service Standards.
The Grantee shall comply with the customer service standards of the Federal
Communications Commission as such standards may from time to time be
amended.
F. Line Extension.
(a) The Grantee shall within 12 months of receiving a request, extend the System
to any residences within the City served by City water and sewer facilities.
(b) The City recognizes that in some instances the Grantee needs the permission
of private property owners to extend service to others who may be interested in
service and agrees that should the Grantee be unable to obtain these needed
permissions under terms reasonable to the Grantee and the property owners from
whom permission is required that the Grantee shall be under no obligation to
extend service.
4
M. CITY GOVERNMENT
A. Franchise Fees.
The City Managers and Paragon have tentatively agreed to a 5% franchise fee.
Both parties, however, are negotiating additional language which would provide
a "level playing field" for other wired competitors who offer a cable-like service.
B. Government Access Channels.
Paragon Cable will maintain the current government access channel.
C. Override of the Government Access Channel.
Paragon Cable agrees to provide the capability such that the City, from its City
Hall, can switch its government access channel in the following ways:
1)
2)
3)
4)
5)
insert live council meetings from City Hall;
replay government access programming from City Hall;
transmit character generated programming;
schedule for Grantee to replay City-provided tapes in pre-arranged
time slot on the government access channel; and
switch to C-SPAN 2 at any time when not carrying live or taped
government access programming.
Whatever programming the City determines will be carried on its government
access channel within the City.
D. Construction Requirements.
Paragon Cable shall, at least sixty (60) days prior to commencing the System
upgrade for an area of the system, provide notice to representatives of the City
of the following: (a) The nature of the work to be undertaken; (b) the estimated
schedule for said work; (c) steps to be taken to minimize disruption to public; and
(d) steps to be taken to notify the customers of said work.
IV. EDUCATIONAL NEEDS
A. Educational Access Channel.
Paragon and the City Managers have agreed to retain the two current educational
access channels.
5
B. Service to the Schools and Government Buildings.
Service to Public Schools and Public Buildings
(a) The Grantee shall continue to provide one outlet of Basic Service, the Cable
Programming Service Tier and one converter, if needed, to those facilities
identified in Exhibit attached hereto and made a part hereof. Service to
public schools and municipally owned buildings constructed after the effective
date of this Franchise shall be similarly provided subject to the building being
located within 200 feet of the Grantee's then existing System.
(b) If facility is over 200 feet from Grantee's then existing system, the school or
municipality shall be responsible for all equipment, construction costs and
additional wiring beyond the first 200 feet that are the Grantee's responsibility.
(c) All internal wiring cost beyond the one outlet that Grantee agrees to provide
shall be the responsibility of the school or municipality.
(d) The financial responsibility for any additional converters desired by the school
or municipality shall be their responsibility.
Service to Private Schools
For the first five (5) years after the effective date of this Ordinance, Grantee shall
provide one outlet of Basic Service, the Cable Programming Service Tier and one
converter, if needed, to those private schools identified in Exhibit
attached hereto and made a part hereof. Private schools are defined as any
private secondary school that receives funding pursuant to Title 1 of the
Elementary and Secondary Education Act of 1965. Service to private schools after
the effective date of this franchise shall be similarly provided subject to the
building being located within 200 feet of the Grantee's then existing system.
C. Cable Nodes System Connect.
Paragon Cable will locate its "nodes" near schools where possible. Cities will
provide maps showing the location of the schools.
0
6
V. TECHNOLOGY
A. High Speed Data Transmission.
Paragon Cable will provide high speed data services when there is sufficient
marketplace demand based on Paragon's assessment of the demand.
B. System Upgrade.
Grantee agrees to build a system having a capacity of 750 MHz which is the
equivalent of 112-6 MHz analog video channels. However, Paragon will initially
use the 54 MHz-550 MHz section of the system to deliver analog signals and
reserve the 550 MHz to 750 MHz section for digital applications. Stated in terms
of 6 MHz analog channels the 54 MHz to 550 MHz of the system has capacity
for 79 channels. The present system has capacity for 58 analog channels. The
rebuilt system will be two-way. Time Warner will complete the upgrade in three
(3) years.
C. Level Playing Field Provision.
Paragon and the cities are currently negotiating a "level playing field" provision
which will address how other wired competitors which provide cable or cable-like
• services will affect the franchise terms agreed to by Paragon.
These are the major issues which were agreed upon between Paragon Cable and the City
Managers. If there is an issue that you believe should be addressed and you do not see it here,
please contact Staff as soon as possible.
537566
•
7
CITY OF RICHFIELD, MINNESOTA
Study Session Letter No. 20
Agenda June 3, 1996
Issue Statement:
Council discussion regarding expansion of charitable gambling (pull tabs) and review of
draft ordinance.
Background:
In the late fall of 1995, the Council reviewed at the November 6, 1995 Study Session
the possibility of expanding charitable gambling (pull tabs) in licensed liquor
establishments other than the Legion and V.F.W. This review was primarily generated
at the request of a local youth sports group known as S.P.O.R.T.Y. As a result of the
review, the Council directed staff to prepare an ordinance amendment that would allow
some expansion of gambling.
On November 13, 1995, the first reading of an ordinance amending Subsection
1100. 13, Subd. 7(b), was given approval for a public hearing and second reading for
the December 11, 1995 regular City Council meeting. This amendment would allow pull
tabs at any "on-sale intoxicating or non-intoxicating licensed liquor establishment."
At the December 11, 1995 regular City Council meeting, a public hearing was
conducted. Approximately 20 citizens testified, about half in favor and half opposed.
After considerable discussion, including a motion to table the amendment to allow more
study (which failed), the ordinance amendment with an amendment allowing up to five
more licenses in addition to the VFW and Legion was passed.
At the request of a Council Member, a resolution to reconsider and/or rescind ordinance
Bill No. 1995-17 (the expansion of pull tabs) was brought before the Council at its
regular meeting on January 8, 1996. The discussion by the Council on this resolution
required further study to include:
• Types of establishments;
• Number of licenses out at any given time; and
• The discretion the Council has in issuing these licenses.
After discussion, the ordinance was rescinded by a 5-0 vote and a resolution allowing
for further study was approved.
Subsequent to this Council action, staff has met with the S.P.O.R.T.Y. group and VFW.
In addition, a completely new ordinance was drafted by the City Attorney. Staff also
met with a group of residents who are opposed to any expansion of gambling.
. Finally, at the request of staff, representatives from S.P.O.R.T.Y., VFW and residents
completely opposed met to discuss any resolution to their differences. While clearly
everyone is in agreement that there needs to be a way in which to support youth sports,
there was not agreement on the method (i.e.; charitable gambling - pull tabs).
An ordinance that has been drafted would accomplish the following:
1. The licenses would be limited to non-intoxicating, on-sale liquor or club (3.2 or
V.F.W., Legion).
2. The organization has been established in Richfield for three years prior to
application and (a) it has an office in Richfield as its principle place of business; and
(b) that substantial services and substantial funds are spent in Richfield.
3. Limits to three the number of licenses held by one organization.
4. The remainder of the ordinance deals with the regulatory function and closely
patterns State law (regulation) and a similar ordinance passed in Minneapolis.
As a result of the action taken by the Council on January 8, 1996, the current ordinance
allows for gambling (pull tabs) essentially at the V.F.W. and Legion.
Recommended Motion:
The Council has requested this issue be returned after further staff review. Staff is now
seeking direction on which way to proceed.
Members of S.P.O.R.T.Y. and those opposing expansion have been notified of the
Study Session.
Basis of Recommendation:
This is a community standard issue for the Council to address.
Alternative Recommendation:
Council could decide not to allow expansion of charitable gambling and, therefore, not
to review the draft ordinance.
Discussion/Decision Mode:
The issue is presented for the Council for discussion and direction to staff.
Respectful) submitted,
James D. Prosser
City Manager
JDP:ds
MAR 07 '96 11:39 KENNEDY & GRAVEN P.2
I* Chapter 268. LAWFUL GAMBLING
268.20. In general. Lawful gambling conducted pursuant to Minnesota Statues,
Chapter 349 shall be operated in accordance with the conditions prescribed in this
chapter and other applicable provisions of the Richfield Code of Ordinances.
285.20. Premises permit. (a) Each pending application for a premises permit shall
be approved or disapproved by resolution of the city council within sixty (60) days
after receipt of the application.
(b) The city council may disapprove an application for issuance or renewal
of a premises permit for any of the following reasons :
(1) Violation by the gambling organization of any statute, ordinance
or rule relating to gambling;
(2) Violation by the on-sale establishment, or other organization
leasing its premises for gambling, of any statute, ordinance or rule relating
to the operation of the establishment, including but not limited to laws relating
to alcoholic beverages, gambling, controlled substances, suppression of vice
and protection of public safety;
(3) Where the operation of gambling at-the site would be detrimental
to health, safety and welfare;
• (4) For any other good cause related to the operation of gambling or
the business located on the premises
268.35. Location. Lawful gambling under license issued by the Minnesota Gambling
Control Board may be conducted only at the following locations:
(a) In the licensed organization's hall where it has its regular meetings.
No organization shall rent, lease or occupy, directly or indirectly, any other
property for the purpose of conducting gambling, except an on-sale establishment
as permitted in this chapter; or an organization leasing its premises for the conduct
of bingo pursuant to subsection 269.40(c);
(b) In licensed on-sale nonintoxicating liquor establishments or
establishments holding a club license;
(e) Notwithstanding subsections (a) and (b) above, Class D (raffle only)
licenses may be approved for any proper location;
(d) No location shall be approved for gambling unless it complies with the
applicable zoning, building, fire and health codes of the City of Richfield.
268.40. Conditions. The conduct of lawful gambling under license issued by the
3Rie field Gambling Control Board shall be subject to the following conditions in the
Cit?of Richfield
J (a) No sale, consumption or possession of liquor or 3.2 beer shall be
permitted during gambling conducted by a licensed organization, except as permitted
under a valid on-sale liquor, wine or 3.2 beer license, or a bottle club permit;
CM1011.01
RC160-3
MAP. 07 '96 11:39 KENNEDY & GRAVEN
P.3
0 Provided further that no sale, consumption or possession of liquor, wine or 3.2 beer
shall be permitted in the room where a bingo session is taking place.
(b) No organization shall be eligible fora gambling license unless for the
three (3) years immediately preceding the date of application;
(1) It has had an office located in the City of Richfield. An office is
defined as the principal location for the conduct of the organization's
business. This may be substantiated through proof of activities such as the
payment of a mortgage or rent, payment of utilities, the conduct of
organization meeting, maintenance of organization records and receipt of the
organization's mail.
(ii) It demonstrates that during that period substantial services have
been performed and, substantial charitable funds spent within the City of
Richfield or on behalf of residents of the City of Richfield.
(c) Bingo shall be subject to the following conditions:
(1) Bingo shall not be conducted more than four (4) days each week
at any site.
(2) No more than seven (7) bingo occasions shall be conducted each
week by an organization.
(3) Subject to the limits set forth above, an organization may lease
its hall where it has its regular meetings to no more than one licensed
organization, for the conduct of bingo only, provided that the site has been
used for bingo by a validly licensed organization within the previous three (3)
years.
(4) Bingo halls shall not be permitted.
(d) No organization shall hold more than three (3) premises permits for
locations in the City of Richfield.
268.50. Investigation. Every organization which files an application for issuance
or renewal of a premises permit shall deliver the application to the department of
public safety as the designee of the city clerk. The director of public safety shall
investigate each application and report their findings and recommendations to the
city council. In connection with the investigation, the director of public safety may
require the organization to submit such other documents and records deemed
necessary to verify compliance with the terms of this chapter and other laws relating
to gambling.
268. 630. Permits for exempt organizations under Minnesota Statues Section 349.166.
Every organization seeking to conduct lawful gambling which is exempt from state
licensing under 111nnesota Statutes, Section 349.166 shall obtain a permit issued by
the director of licenses and consumer services, subject to the following conditions :
(a) The organization shall pay a permit fee as provided in appendix D;
40 (b) Permits for all classes of gambling activities may be approved;
FC.60-3 2
MAR 07 '96 11:40 KENNEDY & GRAVEN
R.4
(c) The sale, consumption and possession of intoxicating liquor at a
gambling event by an exempt organization shall be prohibited, however, 3.2 beer
may be served and consumed only under a valid temporary on-sale beer license;
(d) The organization shall comply with all statutory requirements for an
exempt organization, including the sixty-day notice requirements to the City of
Richfield. The director of public safety, when granting a permit to an exempt
organization, may waive the sixty-day notice requirement.
268.80. Lawful gambling at on-sale establishments. Lawful gambling at on-sale
nonintoxicating liquor or club license establishments shall be conducted in
compliance with the following regulations ;
(a) Only Class B and Class D gambling licenses may be issued, except where
the licensed gambling organization also holds the nonintoxicating liquor or club
license for the premises, in which case, any class of gambling license may be issued;
(b) On-sale establishments shall be limited to one licensed gambling
organization at any one time in the licensed premises and any rooms adjoining the
premises under the same management. No lease shall be made with one organization
while another lease is in effect for the same on-sale establishment;
(c) Evel^y agreement between a nonprofit organization and an on-sale
premises for gambling shall be in the form of a written lease. The written lease shall
be the complete agreement between the parties, and there shall be no unwritten
terms or conditions. The lease specifically provides that the lessee shall operate
only after issuance of a premiset, permit and shall be subject to the terms of this
ordinance;
(d) A copy of any lease agreement between a nonprofit organization and an
on-sale licensee shall be filed with the public safety director with the premises
permit application;
(e) A lease agreement between a nonprofit organization and an on-sale
establishment shall not provide for rental payments based on a percentage of receipts
or profits from lawful gambling. The maximum rental fee shall be one thousand
dollars ($1,000.00) per month.
(f) Except for mechanical dispensing devices, all gambling shall be
conducted from a booth, or other area properly segregated from the rest of the
licensed premises, except that raffle tickets, paddlewheel tickets and tipboards that
offer only merchandise prizes may be sold within the permitted premises. The
physical layout of the area se aside far gambli g, shalla subjec/o the approval of
the .....vtf3?? %'1
(g) The gambling booth shall be constructed and maintained by the
organization licensed to conduct gambling, and shall be under the exclusive control
of that organization. The organization licensed to conduct gambling shall
prominently display its name at its gambling booth and shall indicate that all profits
from gambling are for the benefit of the organization;
(h) Except as stated in section (k), the organization licensed to conduct
gambling shall have exclusive control over all gambling devices, gambling money,
and gam'hling records. No employee or agent of the on-sale establishment shall
C.1H101101
RC1o0-3 3
MAR 07 '96 11:41 KENNEDY & GRAVEN
P.5
handle gambling devices, gambling money, prizes, or gambling records, nor shall
they record winners, replays, or free games, nor shall they otherwise conduct or
assist the licensed gambling organizations in conducting the gambling operation.
W Except for the operation of mechanical dispensing devices, no person
shall be jointly employed by both the licensed organization and the on-sale
establishment. Subject to the approval of the malune -lae. a exception may
be permitted for janitorial work.
(j) The gambling booth shall be separate from the liquor service bar. No
gambling shall be conducted from the liquor service bar;
(k) Neither the owner of the on-sale establishment nor their employees shall
have access to the interior of mechanical dispensing devices. They are only
permitted to redeem winning tickets and record such winners as required by law and
rule.
(1) Payments for redemption of winning pull tab tickets dispensed by
mechanical dispensing device shall be made from funds provided by the on-sale
establishment, the on-sale establishment shall be reimbursed by the lawful gambling
organization for winning tickets redeemed by the on-sale establishment,
reimbursements shall be made as provided in the lease agreement.
(m) No gambling funds shall be commingled with funds of the on-sale
establishment;
(n) No food, drink, or entertainment discounts or other promotions shall be
offered in conjunction with the sale of gambling devices or chances;
(a) The on-sale establishment shall allow the organization to conduct
gambling W any time during its lawful business hours, and shall prohibit gambling
at any time other than its lawful business hours;
(p) The on-sale licensee shall make no agreements with any gambling
equipment distributor or manufacturer requiring the use of his or her gambling
equipment or any other equipment or vending machines in the establishment. The
on-sale licensee shall not receive from any gambling equipment distributor or
manufacturer any money, gift, or other thing of value.
(q) Subsections 268.80(f), (h), (h), (i), (j) and (k) shall not apply when
the licensed gambling organization is also the holder of the on-sale license for the
establishment where the gambling is conducted.
(r) No employee or agent of the licensed organization or any employee or
agent of the on-sale establishment shall engage in lawful gambling at the
establishment where they are employed.
CAH101101
RC160-3 4
CITY OF RICHFIELD, MINNESOTA
Study Session Letter No. r9
Agenda June 3, 1996
Issue Statement:
Meeting with the Richfield Friendship City Commission.
Background:
The Special City Council meeting with the Friendship City Commission is one of a
series of meetings between the City's Boards and Commissions and the City Council.
The purpose of this special meeting is to provide an informal opportunity for Friendship
City Commission Members to inform the City Council of recent and current issues. It
also provides a forum for an open dialogue between the City Council and the
Friendship City Commission.
Revisiting commission projects in 1995, the theme of discussions will be "making
connections." The Friendship City Commission will also discuss Tour '96; the first
commission-sponsored tour of Heredia, Costa Rica.
Recommended Motion:
There is no action recommended.
Basis of Recommendation:
The Council has provided an opportunity for the Richfield Friendship. City Commission
to meet jointly with the Council to discuss topics of mutual interest and concern. Any
discussion which might ultimately lead to an action would have to be considered for
specific action at a regular Council meeting.
Alternative Recommendation:
None.
Discussion/Decision Mode:
This special meeting has been scheduled for June 3, 1996.
Respectfully submitted,
James . rosser
City Manager
JDP:cak