02-13-95 agendaCITY OF RICHFIELD, MINNESOTA
MONDAY, FEBRUARY 13, 1995
REGULAR CITY COUNCIL MEETING
7:00 P.M.
COUNCIL CHAMBERS
AGENDA
INTRODUCTORY PROCEEDINGS
CALL TO ORDER
PLEDGE OF ALLEGIANCE
APPROVAL OF MINUTES OF THE (1) REGULAR CITY COUNCIL MEETING OF
JANUARY 23,1995; (2) SPECIAL CITY COUNCIL MEETING OF JANUARY 30,1995;
AND (3) CITY COUNCIL STUDY SESSION OF FEBRUARY 6, 1995
PRESENTATIONS
1. OPPORTUNITY FOR PERSONS TO ADDRESS THE COUNCIL ON ITEMS NOT
LISTED ON THE AGENDA
2. PRESENTATION OF CERTIFICATE OF APPRECIATION TO KEVIN KELLER
FOR SERVING THREE CONSECUTIVE TERMS ON THE ADVISORY BOARD
OF HEALTH
3. PRESENTATION OF PROCLAMATION SUPPORTING DECA - FREE
ENTERPRISE WEEK IN RICHFIELD FEBRUARY 1-7,1995
4. PRESENTATION OF PROCLAMATION RECOGNIZING THE LEAGUE OF
WOMEN VOTERS
5. PRESENTATION OF PROCLAMATION DESIGNATING ROTARY WEEK IN
RICHFIELD FEBRUARY 19-25,1995
6. RECOGNITION OF GOLF COURSE MANAGER DARREL HARMAN WHO HAS
COMPLETED CITY'S MANAGEMENT CERTIFICATE PROGRAM
COUNCIL LETTER NO. 39
AGENDA APPROVAL.
7. COUNCIL APPROVAL OF AGENDA
CONSENT CALENDAR
8. CONSENT CALENDAR CONTAINS SEVERAL SEPARATE ITEMS WHICH ARE
ACTED UPON BY THE CITY COUNCIL IN ONE MOTION. ONCE THE
CONSENT CALENDAR HAS BEEN APPROVED, THE INDIVIDUAL ITEMS AND
RECOMMENDED ACTIONS HAVE ALSO BEEN APPROVED. NO FURTHER
COUNCIL ACTION IS NECESSARY. HOWEVER, ANY COUNCIL MEMBER
MAY REQUEST THAT AN ITEM BE REMOVED FROM THE CONSENT
CALENDAR AND PLACED ON THE REGULAR AGENDA FOR COUNCIL
DISCUSSION AND ACTION. ALL ITEMS LISTED ON THE CONSENT
CALENDAR ARE RECOMMENDED FOR APPROVAL.
A. CONSIDERATION OF APPROVAL OF CONTINUATION OF AGREEMENT
WITH CITY OF BLOOMINGTON FOR PUBLIC HEALTH SERVICES FOR
CITY OF RICHFIELD FOR 1995 C.L. 40
B. CONSIDERATION OF APPROVAL OF CONTINUATION OF AGREEMENT
WITH CITY OF BLOOMINGTON FOR INSPECTIONAL SERVICES FOR CITY
OF RICHFIELD FOR 1995 C.L. 41
C. CONSIDERATION OF APPROVAL OF RESOLUTION SUPPORTING
PROPOSED STATE STATUTE ENTITLED MINNESOTA EMERGING
COMMUNICATIONS ACT OF 1995 C.L. 42
D. CONSIDERATION OF APPROVAL OF STIPULATION OF SETTLEMENT
REGARDING PREVIOUSLY OWNED CITY PROPERTY NEAR EMERSON
AVENUE AND NEW 77TH STREET; CSM, PHASE I C.L. 43
E. CONSIDERATION OF APPROVAL OF PURCHASE IN EXCESS OF $5,000
FOR PERSONAL COMPUTERS, SOFTWARE AND SERVICES FOR CITY
GARAGE FROM UNIQUE SOFTWARE OF EAGAN, MN IN AMOUNT OF
$13,810.92 L. 44
F. CONSIDERATION OF APPROVAL OF PURCHASE IN EXCESS OF $5,000
FOR 116 BOULEVARD TREE PLANTINGS IN 1995 FROM TREEMENDOUS,
INC. IN AMOUNT OF $7,288.36 C.L. 45
G. CONSIDERATION OF APPROVAL OF PURCHASE ORDER FOR TWO BOSS
V-PLOWS FROM CRYSTEEL TRUCK EQUIPMENT IN AMOUNT OF
$7,462.76 C.L. 46
H. CONSIDERATION OF APPROVAL OF APPLICATION FOR RENEWAL OF
RESIDENTIAL KENNEL LICENSE; 6633 15TH AVENUE; TWO DOGS AND
THREE CATS C.L. 47
1. CONSIDERATION OF APPROVAL OF APPLICATION FOR NEW
RESIDENTIAL KENNEL LICENSE; 7209 18TH AVENUE; ONE DOG AND
FIVE CATS C.L. 48
J. ESTIMATE #6 PAYMENT FOR SITE DEVELOPMENT OF WASHINGTON
PARK CP897; SUNRAM CONSTRUCTION, INC.; $5,026.87
K. CONSIDERATION OF APPROVAL OF 1995 LICENSE RENEWAL:
WASTE MANAGEMENT-SAVAGE: GARBAGE HAULER, 25 VEHICLES
PUBLIC HEARING
PUBLIC HEARING TO EXPAND BOUNDARIES OF REDEFINED ILN/77TH
STREET ASSESSMENT PROJECT AREA AND ORDER. UNDERTAKING OF
CURRENT MAINTENANCE SERVICE PROJECTS, PROPOSED CITY PROJECT
NO. 901
COUNCIL LETTER NO. 49
PROPOSED ORDINANCE
10. CONSIDERATION OF FIRST READINGS REGARDING (1) ORDINANCE
AMENDMENT TO ZONING ORDINANCE ON ADULT USES; (2) AMENDMENT
TO SECTION 2020.01 PROHIBITING NUDITY IN LICENSED
ESTABLISHMENTS; (3) ADULT ESTABLISHMENT ORDINANCE; AND (4)
ORDINANCE RELATING TO PREMISES CONDUCIVE TO HIGH-RISK SEXUAL
CONDUCT
COUNCIL LETTER NO. 50
11. CONSIDERATION OF FIRST READING OF TRANSITORY ORDINANCE
PROVIDING FUNDING FOR CERTAIN CAPITAL IMPROVEMENTS FROM
SPECIAL REVENUE FUND
COUNCIL LETTER NO. 51
ADMINISTRATIVE REPORTS & OTHER BUSINESS
12. CONSIDERATION OF APPOINTMENT OF COUNCIL MEMBER TO THREE
YEAR TERM AS MEMBER OF FRIENDS OF WOOD LAKE BOARD OF
DIRECTORS
COUNCIL LETTER NO. 52
13. CONSIDERATION OF AUTHORIZATION TO USE $8,000 AS CITY'S LOCAL
SHARE IN MUNICIPAL STATE AID STREETS FUNDS ON JOINT PROJECT
WITH MNDOT TO UPGRADE TRAFFIC SIGNALS AT ENTRANCE RAMPS ON
NORTH AND SOUTH SIDES OF 1-494 AT LYNDALE, NICOLLET, PORTLAND
AND 12TH AVENUES
COUNCIL LETTER NO. 53
AIRPORT BUSINESS
14. AIRPORT STATUS REPORT
77TH STREET PROJECT BUSINESS
15. 77TH STREET PROJECT STATUS REPORT
CORRESPONDENCE
16. LEGISLATIVE REPORT
COUNCIL CHOICE
17. COUNCIL DISCUSSION ITEMS
18. CLAIMS AND PAYROLLS
19. ADJOURNMENT
Auxiliary aids for individuals with disabilities are available upon request.
Requests must be made at least 96 hours in advance to the Administrative
Services Director at 861-9702.
CITY OF RICHFIELD, MINNESOTA
Council Letter No. 53
Agenda February 13, 1995
Issue Statement:
Approval of local funds to upgrade traffic signals at entrance ramps on both the north
and south sides of 1-494 at Lyndale Avenue, Nicollet Avenue, Portland Avenue and
12th Avenue as part of a cooperative effort with the Minnesota Department of
Transportation as the lead agency.
Background:
The Minnesota Department of Transportation (MnDOT) will be replacing old traffic
signal equipment at four entrances to 1-494 in Richfield as part of the Integrated
Corridor Traffic Management Project (ICTM). The project is sponsored jointly by the
MnDOT, Hennepin County and the cities of Richfield, Bloomington and.Edina. The new
signals will be built in 1995 and wired to the ramp meter signals and eventually to all the
traffic signals on local city and county streets in the 1-494 corridor.
The new communication network among traffic signals in the 1-494 corridor is part of a
federal demonstration project under the Intelligent Transportation System Program of
• the U. S. Department of Transportation. The project will take several years to complete.
When finished, 67 traffic signals at the state, county and city levels will be able to
coordinate their signal timing, respond immediately to any changes in actual traffic
conditions, and improve traffic flow.
MnDOT will replace eight traffic signals with new ones in 1995 at both the north and
south entrances to 1-494 on Lyndale Avenue, Nicollet Avenue, Portland Avenue, and
12th Avenue.
The signal work will require the City of Richfield to contribute five percent of the cost of
the work done on Lyndale Avenue and 12th Avenue which are City streets. The City
will also be expected to pay 5% of the cost of work needed to link city, county and state
traffic signals. The total project is expected to cost $750,000 and the City's share of the
cost is estimated not to exceed $8,000. The City of Richfield will use its Municipal State
Aid Streets funds (gas tax monies) as the source of funding for its local share.
However, MnDOT has informed the City that the amount of local funds is too small to
prepare a Cooperative Construction Agreement. Instead, MnDOT asks that the City
agree to apply its $8,000 in local funds at a later date on a subsequent portion of the
project.
If approved, the project will be bid in March with construction beginning as early as
May, 1995. Construction will last several months.
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Recommended Motion:
Authorize the use of $8,000 as the City's local share in Municipal State Aid Streets
funds on a joint project with the Minnesota Department of Transportation to upgrade
traffic signals along 1-494 at Lyndale, Nicollet, Portland and 12th Avenues.
Basis of. Recommendation:
1. The project is part of a federal demonstration project designed to improve traffic flow
on the freeway and local streets in the 1-494 corridor.
2. The proposed local share of Richfield funds for the project is consistent with the cost
sharing agreement previously approved by participating governmental agencies.
3. The construction plans for the proposed signal work have been reviewed and
approved by City staff.
Alternative Recommendation:
None.
Discussion/Decision Mode:
A decision is needed in February, 1995 to maintain the project on schedule for a March,
• 1995 bid letting.
Re a Ily submitted,
James Prosser
City Manager
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CITY OF RICHFIELD, MINNESOTA
Council Letter No. 52
Agenda February 13, 1995
Issue Statement:
Appointment of City Council Member to a three year term as a member of the Friends
of Wood Lake (FOWL) Board of Directors.
Background:
Resolution No. 7723, adopted February 25, 1991, established the Friends of Wood
Lake. The resolution also created a governing body stipulating that one member of
the Board of Directors shall be a member of the Richfield City Council appointed by
the City Council. The term for this Board of Directors member is three years. The
term for this City Council position, currently held by Council Member Russ Susag,
expires January 31, 1995 or at such time as a successor is selected or reappointment
made.
The FOWL Board of Directors meets at 4:30 p.m. on the third Thursday of each month
except June and August. All members of the Board, including the City Council
position, are regular, voting members. The Boards acts in an advisory capacity on
matters related to Wood Lake Nature Center; i.e., capital improvement projects,
recreation programming, educational programs, finance, fund-raising, environmental
concerns, and any other matters referred to the Board by the City Council or the
Community Services Commission. A primary function of the Board is to solicit
voluntary contributions in aid of the Nature Center.
Recommended Motion:
Appoint a member of the City Council to a FOWL Board of Directors three year term,
expiring January 31, 1998, or at such time as a successor is selected.
Basis of Recommendation:
1. Resolution 7723 created the Friends of Wood Lake, established a Board of
Directors as a governing body and dictated that a member of the Board shall a
City Council Member.
2. The current term for the City Council appointment to the FOWL Board of
Directors has expired.
Alternative Recommendation:
None.
Discussion/Decision Mode:
• This item is on the February 13, 1995 Council agenda. Action is requested at this time
as the next FOWL Board of Directors meeting is February 16, 1995. Should the
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Council choose not to make an appointment at this time, Russ Susag will continue as
a FOWL Board of Directors member until a successor is selected for the balance of
the new three year term.
Respectfully submitted,
Jam D. Prosser
City Manager
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CITY OF RICHFIELD, MINNESOTA
Council Letter No. 51
Agenda February 13, 1995
Issue Statement:
First reading of transitory ordinance providing funding for certain capital improvements
from the Special Revenue Fund.
Background:
City Charter Section 7.12, Subd. 2 requires that Special Revenue Funds used for
capital improvements must be authorized by ordinance.
At the December 12, 1994 City Council meeting, the City Council authorized $20,000 of
Special Revenue Funds for Fremont Park playfeatures in 1995. In addition, the 1995
Capital Improvement Budget provides for expenditure for all types of funds contained in
the budget document including county funds, municipal state aid, user fees, federal
grants and state grants, however, authorization by ordinance is not required for these
expenditures.
While the total 1995 Capital Improvement Budget (CIB) includes total budgeted
. expenditures of $16,266,000, the portion of the CIB concerning proposed funding from
the Special Revenue Fund is $20,000 as shown below:
Playfeature Improvements - Fremont Park 12Q.1-0-0-0
A transitory ordinance is necessary to finalize these appropriations pursuant to City
Charter.
Recommended Motion:
Approve first reading of the transitory ordinance providing for the expenditure of funds
from the Special Revenue Fund for certain capital improvements and schedule second
reading and public hearing for March 13, 1995.
Basis of Recommendation:
1. On December 12, 1994, the City Council approved the 1995 Capital Improvement
Budget, which includes an expenditure of $20,000 of Special Revenue Funds for
Fremont Park playfeatures.
2. Under Section 3.09 of the City Charter, a transitory ordinance becomes effective 30
days after publication of the second hearing notice. The ordinance requirements
must be completed early enough in 1995 so that the capital projects can be initiated
on a timely basis, completed, and the funds expended.
ill
3. In order for the timely start of the project under consideration in the Capital
Improvement Budget, it is suggested that the first reading of the transitory ordinance
take place on February 13 and that the second reading and public hearing be
completed at the March 13, 1995 City Council meeting.
Alternative Recommendation:
1. The City Council could postpone the first reading of the transitory ordinance to a
future City Council meeting.
2. The City Council could decide to authorize none or only a portion of the expenditures
identified from special revenues in the CIB.
Discussion/Decision Mode:
In order to proceed with improvements approved on a timely basis, first reading approval
of this transitory ordinance would be desirable on February 13, 1995 so that second
reading and the public hearing could take place on March 13, 1995.
Resp II submitted,
• James . rosser
City Manager
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BILL NO.
TRANSITORY ORDINANCE NO.
AN ORDINANCE PROVIDING FOR THE EXPENDITURE OF MONEY FROM
THE SPECIAL REVENUE FUND FOR
CERTAIN CAPITAL IMPROVEMENTS
CITY OF RICHFIELD DOES ORDAIN:
Section 1: It is found and determined to be necessary and expedient for the City to
expend money from the Special Revenue Fund for the making of capital improvements
listed in Section 2 hereof, for which the City would be authorized to issue general
obligation bonds.
Section 2: The capital improvements and amounts of expenditures for such
improvements which are authorized to be paid from the Special Revenue Fund under
Section 7.12, Subdivision 2 of the City Charter, are as follows:
Playfeature Improvement - Fremont Park 20 000
Section 3: The expenditures herein authorized shall be made pursuant to such
contracts as are authorized from time to time by Council action.
Passed by the City Council of the City of Richfield this 13th day of February, 1995.
Martin J. Kirsch, Mayor
ATTEST:
Thomas P. Ferber City Clerk
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CITY OF RICHFIELD, MINNESOTA
• Council Letter No. 50
Agenda February 13, 1995
Issue Statement:
First readings of: an ordinance amendment to the Zoning Ordinance on adult uses; an
amendment to Section 2020.01 prohibiting nudity in licensed establishments; an adult
establishment ordinance; and an ordinance relating to premises conducive to high-risk
sexual conduct.
Background:
The City of Richfield has regulated adult use establishments through liquor licensing
and a "massage parlor" type ordinance. The Zoning Ordinance does not specifically
relate to adult uses. In recent years, other types of adult uses have appeared in other
cities or inquiries received about uses which may not be covered by either the licensing
provisions or the Zoning Ordinance. In response, the City Council has approved and
extended a moratorium to provide adequate time to research the issue and address the
land use, zoning and licensing issues.
Recommended Motion:
Approve first reading of the following ordinances:
1. Amendment to the Zoning Ordinance to regulate the location of adult
establishments;
2. Section 1196 - Adult Establishments;
3. Amendment to Subd.6 of Subsection 2020.01 prohibiting nudity in licensed
establishments; and
4. Section 625 - Premises Conducive to High-Risk Sexual Conduct.
Basis of Recommendation:
1. Since the moratorium on adult uses was approved by the City Council, the Planning
Commission has been reviewing materials and studies relating to adult use
establishments and received the counsel of the City Attorney's office.
2. New ordinances have been developed as well as an amendment to the Zoning
Ordinance.
3. The community has been solicited for its views throughout the process. There have
been several articles in the Sun Current and Your City. Planning Commission
members have appeared on a local cable program, spoken to service clubs and
written letters to the editor. An informational meeting was held where residents were
invited through the newspaper, letters to all the churches, service clubs and civic
groups, and cable. This meeting was also noted on WCCO radio and television. A
. public meeting was also held, pursuant to published notice, with about a dozen
Ipeople present. No negative responses were received. Some three churches
responded favorably as did the Richfield School Board.
4. The Planning Commission voted unanimously in favor of recommending the adult
use ordinances and amendment to the Zoning Ordinance.
5. The Planning Commission, based on its research, made certain findings including:
a) Obscenity in its various forms is not protected and may currently be prosecuted
under state law.
b) Adult use establishments cannot be totally bound nor regulated on the basis of
materials sold or entertainment provided because of the protection granted
under the First Amendment to the Constitution.
c) Adult use establishments may be regulated based on the secondary effect that
such business may have on the surrounding area. The Commission concluded
that such businesses do create adverse secondary effects such as
neighborhood blight, diminished property values and increased crime based on
studies of similar issues by other cities.
. 6. Section 1196 - Adult Establishments defines the type establishments covered by the
ordinance, requires a license after investigation and limits the location of such
• establishments.
7. The Zoning Ordinance would limit the location to C-2, C-3, PC-2 and 1 districts.
Adult establishments are further limited under Section 1196.05. Such businesses
are excluded from an area within 1000 feet of a park, school, church, library or
commercial daycare center or within 200 feet of a residential zoning district or 1000
feet of another adult establishment or 100 feet from the right of way of an entry
street to the City. This results in designating an area that comprises about 2
percent of the City or about 19.8 percent of the permitted zones. Generally, the
area is south of 77th Street along 494.
8. Revocation of any City license because of specified conduct is covered in the
amendment to Subd 6 of Subsection 2020.01.
9. Public health issues are covered in a new Section 625 - Premises Conducive to
High Risk Sexual Conduct.
Alternative Recommendation:
1. The Council may decide to not adopt the ordinances.
The Council could suggest modifications and return the ordinances to the Planning
Commission for further consideration.
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Discussion/Decision Mode:
A public hearing and second reading will be scheduled for 7:00 p.m. on March 27,
1995. The moratorium on the establishment of adult use businesses is still in effect.
bmitted,
Respfectf
Jameser
City
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Attachment
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ORDINANCE NO.
i AN ORDINANCE REGULATING THE LOCATION OF ADULT
ESTABLISHMENTS; AMENDING SUBSECTIONS 520.15,
520.31, 525.01 AND 530.13 OF THE RICHFIELD CITY
CODE, APPENDIX B (ZONING)
THE CITY OF RICHFIELD ORDAINS:
Section 1. Subsection 520.15 of the Richfield City Code, Appendix B (Zoning)
is amended by adding the following new subdivision:
Subd. 9. Adult establishments as defined and regulated in
Section 1196 of the City Code.
Sec. 2. Subsection 520.31, subd. 3, of the Richfield City Code, Appendix B
(Zoning) is amended by adding the following paragraph:
(g) Adult establishments as defined and regulated in Section
1196 of the City Code.
Sec. 3. Subsection 525.01 of the Richfield City Code, Appendix B (Zoning)
is amended by adding the following new subdivision:
Subd. 19. Adult establishments as defined and regulated in
. Section 1196 of the City Code.
Sec. 4. Subsection 530.13, subdivision 2 of the Richfield City Code, Appendix
B (Zoning) is amended to read as follows :
Subd. 2. Other uses. Uses other than the permitted uses listed
in subdivision 1 are allowed in a PUD district, provided (i) the use is
one which is authorized in one of the six types of PUD districts, and
(ii) that such additional use may not occupy more than 33 percent of the
gross floor area of the PUD district. Notwithstanding the foregroin&
an adult establishment as defined and regulated in Section 1196 of the
r42t-- f4-1- ... v...4 ,•.-r,,,;++oA ;n flr,v UTTT) rlictriet other than a PC-2
Sec. 5. This ordinance is effective in accordance with Section 3.09 of the
Richfield City Charter.
Passed by the City Council of the City of Richfield, Minnesota this day
of , 1995.
Martin J. Kirsch, Mayor
ATTEST:
Thomas P. Ferber, City Clerk
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RC160-5
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• ORDINANCE NO.
AN ORDINANCE REGULATING ADULT ESTABLISHMENTS
AND PREMISES CONDUCIVE TO HIGH RISK SEXUAL
CONDUCT, ADDING NEW SECTIONS TO THE RICHFIELD
CITY CODE, AND AMENDING SUBSECTION 2020.10,
SUBDIVISION 6 OF THE CITY CODE.
THE CITY OF RICHFIELD ORDAINS:
read:
Section 1. The Richfield City Code is amended by adding a new section to
Section 1196 - Adult Establishments
1196.01 Findings and Purpose. Studies conducted by the
Minnesota attorney general, the American Planning Association and
cities such as St. Paul; Indianapolis; Alexandria, Minnesota; Roches-
ter, Minnesota; Phoenix, Arizona; Los Angeles, California; Seattle,
Washington; have studied the impacts that adult establishment have in
those communities. These studies have concluded that adult establish-
ments have adverse impact on the surrounding neighborhoods. Those
impacts include increased crime rates, lower property values, increased
transiency, neighborhood blight and potential health risks. Based on
these studies and findings, the city council concludes:
•. (a) Adult establishments have adverse secondary impacts of the
types set forth above.
(b) The adverse impacts caused by adult establishments tend to
diminish if adult establishments are governed by locational
requirements, licensing requirements and health requirements.
(c) It is not the intent to prohibit adult establishments from having
a reasonable opportunity to locate in the city.
(d) Minnesota Statutes, Section 462.357, allows the city to adopt
regulations to promote the public health, safety, morals and
general welfare.
(e) The public health, safety, morals and general welfare will be
promoted by the city adopting regulations governing adult
establishments.
1196.03 Definitions. Subdivision 1. The following terms have the
meanings given them below.
Subd. 2. Adult Establishment. A business engaged in any of
the following activities or which utilizes any of the following business
procedures or practices :
• (a) a business that is conducted exclusively for the patronage of
adults and as to which minors are specifically excluded from
JJT83698
RC145-288 1
• patronage, either by operation of law or by the owners of such
business, except any business licensed under Chapter XII of the
Richfield City Code;
(b) any business that has at least 20% of its floor area (not including
storerooms, stock areas, bathrooms, basements, attics or any
portion of the business not open to the public) devoted to items,
merchandise or other material that is distinguished or
characterized by an emphasis on material depicting, exposing,
describing, discussing or relating to specified sexual activities
or specified anatomical areas; or
(c) Any adult use as defined in subdivision 3 of this section.
Subd. 3. Adult Use. An adult use is any of the activities and
businesses described below:
(a) Adult Body Painting Studio: An establishment or business which
provides the service of applying paint or other substance,
whether transparent or non-transparent, to the body of a patron
when such person is nude.
(b) Adult Bookstore: An establishment or business used for the
barter, rental or sale of items consisting of printed matter,
pictures, slides, records, audio tape, videotape, or motion
picture film if such business is not open to the public generally
• but only to one or more classes of the public, excluding any
minor by reason of age, or if at least 20% of its floor area (not
including storerooms, stock areas, bathrooms, basements, attics
or any portion of the business not open to the public) is devoted
to items, merchandise or other material distinguished or charac-
terized by an emphasis on the depiction or description of
"specified sexual activities" or "specified anatomical areas . "
(c) Adult Cabaret. A business or establishment that provides
dancing or other live entertainment to patrons if the dancing and
live entertainment is distinguished and characterized by an
emphasis on the presentation, display, depiction of matter that
seeks to evoke, arouse or excite the patrons' sexual or erotic
feelings or desire.
(d) Adult Companionship Establishment : A business or establishment
that excludes minors by reason of age, and which provides the
service of engaging in or listening to conversation, talk or
discussion between an employee of the establishment and a
customer, if such service is distinguished and characterized by
an emphasis on "specified sexual activities" or "specified
anatomical areas. "
(e) Adult Conversation/ Rap Parlor: A business or establishment
that excludes minors by reason of age, and which provides the
• services of engaging in or listening to conversation, talk, or
discussion, if such service is distinguished and characterized by
JJT83698
RC145-288 2
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• an emphasis on "specified sexual activities" or "specified
anatomical areas. "
(f) Adult Health/Sport Club: A health/sport club which excludes
minors by reason of age, if such club is distinguished and
characterized by an emphasis on "specified sexual activities" or
"specified anatomical areas. "
(g) Adult Hotel or Motel: A hotel or motel from which minors are spe-
cifically excluded from patronage and where material is presented
which is distinguished and characterized by an emphasis on
matter depicting, describing or relating to "specified sexual
activities" or "specified anatomical areas . "
(h) Adult Massage Parlor, Health Club: A massage parlor or health
club which restricts minors by reason of age, and which provides
the services of massage, if such service is distinguished and
characterized by an emphasis on "specified sexual activities" or
"specified anatomical areas. rr
(1) Adult Mini-Motion Picture Theater: A business or establishment
with a capacity for less than 50 persons used for presenting
material if such material is distinguished and characterized by an
emphasis on matter depicting, describing or relating to "speci-
fied sexual activities" or "specified anatomical areas . "
• (j) Adult Modeling Studio: A business or establishment that
provides customers figure models who are so provided with the
intent of providing sexual stimulation or sexual gratification to
such customers and who engage in "specified sexual activities"
or display "specified anatomical areas" while being observed,
painted, painted upon, sketched, drawn, sculptured, photo-
graphed, or otherwise depicted by such customers.
(k) Adult Motion Picture Arcade: Any place to which the public is
permitted or invited where coin or slug-operated or electronical-
ly, electrically or mechanically controlled or operated still or
motion picture machines, projectors or other image-producing
devices are maintained to show images to five or fewer persons
per machine at any one time, and where the images so displayed
are distinguished and characterized by an emphasis on depicting
or describing "specified sexual activities" or "specified anatomi-
cal areas. "
(1) Adult Motion Picture Theater: A motion picture theater with a
capacity of 50 or more persons used for presenting material if
such theater as a prevailing practice excludes minors by reason
of age or if such material is distinguished or characterized by an
emphasis on "specified sexual activities" or "specified anatomical
areas" for observation by patrons.
(m) Adult Novelty Business: A business which has as a principal
activity the sale of devices which stimulate human genitals or
devices which are designed for sexual stimulation.
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RC145-288 3
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• (n) Adult Sauna: A sauna which excludes minors by reason of age,
and which provides a steam bath or heat bathing room used for
the purpose of bathing, relaxation, or reducing, utilizing steam
or hot air as a cleaning, relaxing or reducing agent, if the
service provided by the sauna is distinguished or characterized
by an emphasis on "specified sexual activities" or "specified
anatomical areas. "
(o) Adult Steam Room/Bathhouse Facility: A building or portion of
a building used for providing a steam bath or heat bathing room
used for the purpose of pleasure, bathing, relaxation, or reduc-
ing, utilizing steam or hot air as a cleaning, relaxing or reducing
agent if such building or portion of a building restricts minors
by reason of age and if the service provided by the steam
room/bathhouse facility is distinguished and characterized by an
emphasis on "specified sexual activities" or "specified anatomical
areas. "
Subd. 4 Nude or Specified Anatomical Areas :
(a) Less than completely and opaquely covered human genitals,
pubic region, buttock, anus, or female breast (s) below a point
immediately above the top of the areola; and
(b) Human male genitals in a discernibly turgid state, even if
completely and opaquely covered.
• Subd. 5. Specified Sexual Activities.
(a) Actual or simulated sexual intercourse, oral copulation, anal
intercourse, oral-anal copulation, bestiality, direct physical
stimulation of unclothed genitals, flagellation or torture in the
context of a sexual relationship, or the use of excretory func-
tions in the context of a sexual relationship, and any of the
following sexually-oriented acts or conduct: anilingus, bug-
gery, coprophagy, coprophilia, cunnilingus, fellatio, necrophil-
ia, pederasty, pedophilia, piquerism, sapphism, zooerastia; or
(b) Clearly depicted human genitals in the state of sexual stimula-
tion, arousal or tumescence; or
(c) Use of human or animal ejaculation, sodomy, oral copulation,
coitus, or masturbation; or
(d) Fondling or touching of nude human genitals, pubic region,
buttocks, or female breast (s) ; or
(e) Situations involving a person or persons, any of whom are nude,
clad in undergarments or in sexually revealing costumes, and
who are engaged in activities involving the flagellation, torture,
fettering, binding or other physical restraint of any such
• persons; or
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(f) Erotic or lewd touching, fondling or other sexually oriented
contact with an animal by a human being; or
(g) Human excretion, urination, menstruation, vaginal or anal
irrigation.
1196.05 Location. Subdivision 1. No adult establishment may be
located within 1,000 feet of a park, school, church, library or a
commercial day care center.
Subd. 2. No adult establishment may be located within 1,000 feet
of another adult establishment.
Subd. 3. No adult establishment may be located within 200 feet
of a residential zoning district.
Subd. 4. No adult establishment may be located within 100 feet
of the right-of-way of an entry street to the city. For purposes of this
subdivision, an entry street is defined as Penn Avenue, Lyndale
Avenue, Nicollet Avenue, Portland Avenue, Cedar Avenue and 12th
Avenue.
Subd. 5. The distances set forth in this subsection are to be
measured from the nearest outside edge of the building housing the
adult establishment, or the outside edge of the premises of the adult
business if the adult business is located in a building containing other
businesses, to the nearest boundary of the residential zoning district
or the nearest boundary of the property containing a park, school,
church, library, commercial day care center, or other adult
establishments.
Subd. 6. The screen wall and loop streets on the north side of
77th Street and east of I-35W were intended to form a barrier between
the commercial properties located south of 77th Street and the residen-
tial properties north of 77th Street; therefore, the distances set forth
in this subsection do not apply across 77th Street, east of I-35W.
1196.07 Additional Conditions for Adult Cabarets. Subdivision 1.
The following additional conditions apply to adult cabarets.
Subd. 2. No owner, operator or manager of an adult cabaret
shall permit or allow any dancer or other live entertainer to perform
nude.
Subd. 3. No dancer, live entertainer, performer, patron or any
other person shall be nude in an adult cabaret.
Subd. 4. The owner, operator or manager of an adult cabaret
shall provide the following information to the city concerning any
persons who dance or perform live entertainment at the adult cabaret :
The person's name, home address, home telephone number, date of
birth and any aliases.
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Subd. 5. No dancer, live entertainer or performer shall be under
18 years old.
Subd. 6. All dancing or live entertainment shall occur on a
platform intended for that purpose and which is raised at least two feet
from the level of the floor.
Subd. 7. No dancer, live entertainer or performer shall perform
any dance or live entertainment closer than 10 feet to any patron.
Subd. 8. No dancer, live entertainer or performer shall fondle
or caress any patron and no patron shall fondle or caress any dancer
or performer.
Subd. 9. No patron shall pay or give any gratuity to any
dancer, live entertainer or performer.
Subd. 10. No dancer, live entertainer or performer shall solicit
any pay or gratuity from any patron.
1196.09 Hours of Operation. No adult establishment may be open
to the public between the hours of 1:00 a.m. and 10:00 a.m. This
subsection is not applicable to any business that is subject to the hours
of operation limitation in Section 605.23, subdivision 4.
1196.11 License Required. Subdivision 1. No person shall own or
operate an adult establishment without having first secured a license as
provided for in this subsection. This subsection is not applicable to
any business that must obtain a license required by Section 605 of this
Code.
Subd. 2. Application: The application for an adult establishment
license shall be submitted on a form provided by the City and shall
include :
(a) If the applicant is an individual, the name, residence, phone
number, and birthdate of the applicant. If the applicant is a
partnership, the name, residence, phone number, and birthdate
of each general and limited partner. If the applicant is a
corporation, the names, residences, phone numbers, and
birthdates of all those persons holding more than five (5) percent
of the issued and outstanding stock of the corporation.
(b) The name, address, phone number, and birthdate of the operator
and manager of such operation, if different from the owners.
(c) The address and legal description of the premises where the
adult establishment is to be located.
(d) A statement detailing any gross misdemeanor or felony convic-
tions relating to sex offenses, obscenity or the operation of an
adult establishment or adult business by the applicant, operator
or manager and whether or not the applicant, operator or
manager has ever applied for or held a license to operate a similar
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type of business in other communities. In the case of a corpora-
tion, a statement detailing any felony convictions by the owners
of more than five (5) percent of the issued and outstanding stock
of the corporation, and whether or not those owners have ever
applied for or held a license to operate a similar type of business
in other communities.
(e) The activities and types of business to be conducted.
(f) The hours of operation.
(g) The provisions made to restrict access by minors.
(h) A building plan of the premises detailing all internal operations
and activities.
Subd. 3. License Fee :
(a) The annual license fee is set forth in Appendix D
(b) Each application for a license shall be submitted to the Public
Safety Director and payment made to the City. Each application
for a license shall be accompanied by payment in full of the
required license fee. Upon rejection of any application for a
license, the City shall refund the license fee.
• (c) All licenses shall expire on the last day of December in each
year. Each license shall be issued for a period of one (1) year,
except that if a portion of the license year has elapsed when the
application is made, a license may be issued for the remainder of
the year for a pro rated fee. In computing such fee, any
unexpired fraction of a month shall be counted as one (1) month.
(d) No part of the fee paid by any license shall be refunded, except
that a pro rata portion of the fee shall be refunded in the
following instances upon application to the City Manager within
30 days from the happening of the event, provided that such
event occurs more than 30 days before the expiration of the
license:
(i) Destruction or damage of the licensed premises by fire or
other catastrophe.
(ii) The licensee's illness.
(iii) The licensee's death.
(iv) A change in the legal status making unlawful for licensed
business to continue.
(e) Each application shall contain a provision on the application in
bold print indicating that any withholding of information or the
providing of false or misleading information will be grounds for
denial or revocation of a license. Any changes in the information
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provided on the application or provided during the investigation
shall be brought to the attention of the Public Safety Director by
the applicant or licensee. If said changes take place during the
investigation, said data shall be provided in writing to the Public
Safety Director, who shall report the, changes to the City
Council. Failure to report said changes by the applicant or the
licensee may result in a denial or revocation of a license.
Subd. 4. Investigative Fee: The investigative fee for an adult
establishment license is set forth in Appendix D.
Subd. 5. Granting of License :
(a) The Public Safety Director, or designee, shall complete their
investigation within 30 days after the Public Safety Director
receives a complete application and all license and investigative
fees.
(b) If the application is for a renewal, the applicant shall be allowed
to continue business until the Council has determined to renew
or refuse to renew a license.
(c) If, after such investigation, it appears that the applicant and the
place proposed for the business are eligible for a license under
the criteria set forth in this subsection, then the license shall be
issued by the City Council within 30 days after the investigation
is completed. Otherwise the license shall be denied.
(d) Each license shall be issued to the applicant only and shall not be
transferable to another holder. Each license shall be issued only
for the premises described in the application. No license may be
transferred to another premise without the approval of the City
Council. If the licensee is a partnership or a corporation, a
change in the identity of any of the principals of the partnership
or corporation shall be deemed a transfer of the license. All
adult establishments existing at the time of the adoption of this
subsection shall be required to obtain an annual license.
Subd. 6. Persons Ineligible for License: No license shall be
granted to or held by any person:
(a) Under twenty-one (21) years of age.
(b) Who is overdue or whose spouse is overdue in his or her payment
to the City, county or state of taxes, fees, fines or penalties
assessed against them or imposed upon them;
(c) Who has been convicted or whose spouse has been convicted of a
gross misdemeanor or felony or of violating any law of this state
or local ordinance relating to sex offenses, obscenity offenses or
adult establishments;
(d) Who is not the proprietor of the establishment for which the
license is issued;
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(e) Who is residing with a person who has been denied a license by
the City or any other Minnesota municipal corporation to operate
an adult establishment, or residing with a person whose license
to operate an adult establishment has been suspended or revoked
within the preceding twelve (12) months;
(f) Who has not paid the license and investigative fees required by
this subsection.
Subd. 7 Places Ineligible for License:
(a) No license shall be granted for adult establishments on any
premises where the applicant or any of its officers, agents or
employees has been convicted of a violation of this subsection, or
where any license hereunder has been revoked for cause, until
one (1) year has elapsed after such conviction or revocation.
(b) No license shall be granted for any adult establishment which is
not in full compliance with the City Code, the City's zoning
ordinance, the Building Code, the Fire Code, the City's Health
Regulations and all provisions of state and federal law.
Subd. 8 Conditions of License :
(a) Every license shall be granted subject to the following conditions
and all other provisions of this subsection, and of any applicable
sections of the City Code, the City's zoning ordinance, the
Building Code, the Fire Code, the City's Health Regulations and
all provisions of state and federal law.
(b) All licensed premises shall have the license posted in a conspicu-
ous place at all times.
(c) No minor shall be permitted on the licensed premises.
(d) Any designated inspection officer of the City shall have the right
to enter, inspect, and search the premises of a licensee during
business hours.
(e) Every licensee shall be responsible for the conduct of his/her
place of business and shall maintain conditions of order.
(f) No adult goods or material services shall be offered, sold,
transferred, conveyed, given, displayed, or bartered to any
minor.
Subd. 9 Penalty :
(a) Any person violating any provision of this section is guilty of a
misdemeanor and upon conviction shall be punished not more than
the maximum penalty for a misdemeanor as prescribed by state
law.
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(b) Any violation of this section shall be a basis for the suspension
or -revocation of any license granted hereunder. In the event
that the City Council proposes to revoke or suspend the license,
the licensee shall be notified in writing of the basis for such
proposed revocation or suspension. The Council shall hold a
hearing for the purpose of determining whether to revoke or
suspend the license, which hearing shall be within thirty (30)
days of the date of the notice.
(c) The City Council shall determine whether to suspend or revoke
a license within thirty (30) days after the hearing or within 60
days of the date of the notice, whichever is sooner, and shall
notify the licensee of its decision within that period.
Subd. 10. Right of Appeal :
(a) In the event that the Council determines to suspend, or revoke
a license, such suspension or revocation shall not be effective
until fifteen (15) calendar days after notification to the licensee
by the City of its decision. If, within that fifteen (15) days, the
licensee commences an action in state or federal court challenging
the Council's action, then the suspension or revocation shall be
stayed until the conclusion of such action.
(b) If the City Council determines not to renew a license, the
licensee may continue its business for fifteen (15) calendar days
after notification by the City of such non-renewal. If the
licensee commences an action in state or federal court within that
fifteen (15) days for the purpose of determining whether the City
acted properly, the licensee may continue in business until the
conclusion of the action.
(c) If the City Council decides not to grant a license to an applicant,
the applicant may commence an action in state or federal court
within fifteen (15) days after notification by the City of the
denial for the purpose of determining whether the City acted
properly. The applicant shall not commence doing business
unless the action is concluded in its favor.
(d) Any notification required to be sent by the City is deemed
completed when mailed by first class mail to the applicant or
licensee at the address listed in the application.
See. 2. Subsection 2020. 01, Subdivision 6 of the Richfield City Code is
amended to read as follows :
Subd. 6. Prohibition. It is unlawful for the licensee, owner or
manager of an adult establishment as defined in Section 1196 of this
code or any establishment licensed pursuant to ehapte„ VTT this code
to permit or allow in such establishment any nudity, sadomasochistic
abuse, sexual conduct or sexual excitement as defined in this section,
or for any person to participate or engage in such conduct. Violation
of this subsection is grounds for the revocation of a any license issued
pursuant to ehapt„p XTT of this code.
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Sec. 3. The Richfield City Code is amended by adding a new section to read :
Section 625 - Premises Conducive to High-Risk Sexual Conduct
625.01 Purpose. The purpose of this section of the City Code is to
prescribe regulations governing commercial premises, buildings, and
structures that are conducive, by virtue of design and use, to
high-risk sexual conduct which can result in the spread of sexually
transmitted diseases to persons frequenting such premises, buildings,
and structures.
625.03. Findings of the City Council. Subdivision 1. The City Council
of the City of Richfield makes the following findings regarding the need
to regulate commercial premises, buildings, and structures that are
conducive to the spread of communicable disease of danger to persons
in order to further the substantial interest of public health.
Subd. 2. The experience of other cities establishes that certain
commercial premises, buildings, and structures, or parts thereof, by
reason of the design and use of such premises, buildings, or structures
are conducive to the spread of communicable disease of danger to
persons frequenting such premises, buildings, or structures, as well
as to the general public, and that the risk of spreading infectious and
contagious diseases can be minimized by regulating such commercial
premises, buildings, and structures.
• Subd. 3. The experience of other cities where such commercial
premises, buildings, and structures are present indicates that the risk
of spreading the sexually transmittable disease of Acquired Immune
Deficiency Syndrome (AIDS) is increased by the presence of such
premises, buildings, and structures, because the design or use of such
premises, buildings, and structures, or parts thereof can facilitate
high-risk sexual conduct.
Subd. 4. Medical publications of the Center for Disease Control
of the United States Department of Health and Human Services indicate
that the sexually transmittable disease of AIDS is currently irreversible
and uniformly fatal. Medical research has further established that the
risk factors for obtaining or spreading AIDS are associated with high -
risk sexual conduct.
625.05. Definitions. Subdivision 1. The following words and phrases
when used in this section shall have the following meanings unless the
context indicates otherwise :
Subd. 2. Booths, stalls, or partitioned portions of a room or
individual room: (i) enclosures specifically offered to persons for a fee
or as an incident to performing high-risk sexual conduct, or (ii)
enclosures which are part of a business operated on the premises which
offers movies or other entertainment to be viewed within the enclosure,
including enclosures wherein movies or other entertainment is
dispensed for a fee.
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The phrase "booths, stalls, or partitioned portions of a room or
individual room" does not mean enclosures which are private offices
used by the owners, managers or persons employed by the premises for
attending to the tasks of their employment, and which are not held out
to the public or members of the establishment for hire or for a fee or for
the purpose of viewing movies or other entertainment for a fee, and are
not open to any persons other than employees.
Subd. 3. Doors, curtains or portal partitions : full, complete, non-
transparent closure devices through which one cannot see or view
activity taking place within the enclosure.
Subd. 4.. Hazardous site: any commercial premises, building or
structure, or any part thereof, which is a site of high-risk sexual
conduct as defined herein.
Subd. 5. High-risk sexual conduct :
(i) fellatio;
(ii) anal intercourse;, and/or
(iii) vaginal intercourse with persons who engage in
sexual acts in exchange for money.
Subd. 6. Open to an adjacent public room so that the area inside is
visible to persons in the adjacent public room: either the absence of any
entire "door, curtain or portal partition" or a door or other device
which is made of clear, transparent material such as glass, plexiglass
or other similar material meeting building code and safety standards,
which permits the activity inside the enclosure to be entirely viewed or
seen by persons outside the enclosure.
Subd. 7. Public health official: an agent or employee of the city
charged with the enforcement of the state or local health laws.
625.07. Public Health Regulations. Subdivision 1. No commercial
building, structure, premises or part thereof, or facilities therein shall
be so constructed, used, designed or operated in the City for the
purpose of engaging in, or permitting persons to engage in, sexual
activities which include high-risk sexual conduct.
Subd. 2. No person shall own, operate, manage, rent, lease, or
exercise control of any commercial building, structure, premises, or
portion or part thereof in the City, which contains
(a) Partitions between subdivisions of a room, portion or part of a
building, structure or premises having an aperture which is
designed or constructed to facilitate sexual activity, including
but not limited to vaginal intercourse, anal intercourse, or
fellatio, between persons on either side of the partition.
(b) "Booths, stalls, or partitioned portions of a room or individual
room" as defined herein which have "doors, curtains or portal
partitions" as defined herein unless such booths, stalls,
partitioned portions of a room or individual room have at least
one side open to an adjacent public room so that the area inside
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is visible to persons in the adjacent public room as defined
herein. Booths, stalls, and/or partitioned portions of a room or
individual room that are so open to an adjacent public room shall
be lighted in a manner that the persons in the area used for
viewing motion pictures or other forms of entertainment are
visible from the adjacent public rooms, but such lighting shall
not be of such intensity as to prevent the viewing of the motion
pictures or other offered entertainment.
625.09. Exceptions. The regulations set forth in this section shall not
apply to premises, buildings, or structures that are lawfully operating
and licensed as hotels, motels, apartment complexes, condominiums,
townhomes, or boarding houses which are subject to other general
health and sanitation requirements under state and local law.
625.11. Health Enforcement Powers. Subdivision 1. In exercising
powers conferred by this or any other section of this Code relating to
communicable diseases, the Public Health Official shall be guided by the
most recent instructions, opinions and guidelines of the Center for
Disease Control of the United States Department of Health and Human
Services which relate to the spread of infectious diseases .
Subd. 2. In order to ascertain the source of infection and reduce
its spread, the Public Health Official, and persons under the Public
Health Official's direction and control, shall have full power and
authority to inspect or cause to be inspected, and to issue orders
regarding any commercial building, structure or premises, or any part
thereof, which may be a site of high-risk sexual conduct. If the Public
Health Official determines that a hazardous site as defined herein
exists, the Public Health Official shall declare it to be a public health
hazard and public health nuisance and shall then:
(a) Notify the manager, owner, or tenant of the hazardous site that
the Public Health Official has reasonable belief that the premises,
building or structure is a hazardous site as defined herein,
(b) Issue two written warnings at least ten (10) days apart to the
manager, owner, or tenant of the premises stating the specific
reasons for the Public Health Official's opinion that the premises,
building, or structure is a hazardous site as defined herein,
(c) Once such notices and warnings have been issued, the Public
Health Official or the Public Health Official's appointee shall
proceed as follows :
(1) After the manager, owner or tenant of the premises has
been notified in writing as to the basis of the Public Health
Official's determination, the manager, owner or tenant
shall have ten (10) days from the date of the last warning
to request a hearing before the Public Health Official or
the Public Health Official's appointee for the determination
as to the existence of such hazardous site. If the manag-
er, owner or tenant of the premises does not request a
hearing within ten (10) days of the date of the last
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. warning notice, the Public. Health Official shall then cause
the premises to, be posted with a warning advising the
public that the premises have been declared a hazardous
site and the Public Health Official shall cause orders to be
issued to the manager, owner or tenant of the premises
constituting the hazardous site to take specified corrective
measures to prevent high-risk sexual conduct from taking
place within the premises.
(2) If the manager, owner, or tenant of the premises requests
a hearing, the hearing shall be held before the Public
Health Official or the Public Health Official's appointee at
a date not more than thirty (30) days after demand for a
hearing. After considering all evidence, the Public Health
Official or the Public Health Official's appointee shall make
a determination as to whether the premises constitute a
hazardous site, as defined herein and issue a decision
based upon all hearing evidence presented. If the Public
Health Official or the Public Health Official's appointee
makes a determination that the premises constitute a
hazardous site, the Public Health Official shall then issue
orders to the manager, owner, or tenant of the premises
to take corrective measures to prevent high-risk sexual
conduct from taking place within the premises and cause
the premises to be posted with a warning advising the
public that the premises have been declared a hazardous
site.
(3) If, within thirty (30) days from issuance of the orders to
the manager, owner, or tenant of the hazardous site, the
Public Health Official determines that such corrective
measures have not been undertaken, the Public Health
Official may order the abatement of the hazardous site as
a public nuisance, which shall be enforced by mandatory
or prohibitory injunction in a court of competent jurisdic-
tion, or may secure a court order for the closure of the
premises constituting the hazardous site until the premis-
es, building, or structure is in compliance with the
regulations set forth in Section 9.14 of this section.
625.13. Criminal Penalties. Any person violating any provision of this
section or any person who removes, destroys or defaces warnings
posted on premises by the Public Health Official pursuant to this section
shall be guilty of a misdemeanor.
Sec. 4. Effective Date. This ordinance is effective in accordance with Section
3.09 of the Richfield City Charter.
Passed by the City Council of the City of Richfield, Minnesota this day
of , 1995.
•
Martin J. Kirsch, Mayor
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•
ATTEST:
Thomas P. Ferber, City Clerk
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15
9
CITY OF RICHFIELD, MINNESOTA
Council Letter No. 4 9
Agenda February 13, 1995
Issue Statement:
Public hearing to expand the boundaries of the redefined Interstate/Nicollet/Lyndale
(ILN)/77th Street Assessment Project Area, and order the undertaking of current
maintenance service projects, proposed to be City Project No. 901.
Background:
In 1988, the Richfield City Council passed a resolution setting up a special assessment
district for the I nterstate/Lyndale/N icol let (ILN) project area. The district included
properties east of Lyndale and south of 77th Street, and the properties were assessed
for current services required to maintain special landscape features and other public
amenities on or adjacent to the 77th Street right-of-way.
The original ILN served its purpose well as a demonstration of how to attract
commercial enterprises to Richfield while at the same time protecting residential areas
from intrusion. The costs to maintain the landscaped buffer area were assessed to
adjacent benefited properties. In 1993, construction began on 77th Street to expand
this concept from 1-35W to Cedar Avenue. In 1995, a significant portion of this project
(1-35W to Portland Avenue) will be completed with extensive landscaping, an irrigation
system; sidewalks, and sound wall. Once the contractors' responsibility ends, the City
becomes responsible for the maintenance of these improvements. The additional
maintenance costs will need to be spread over an enlarged assessment district to
include properties benefiting from the new improvements.
Boundaries:
Staff recommends that the area on the attached map be assessed for maintenance of
the new project. The attached proposed special assessment roll identifies the
properties to be assessed and the assessment amounts. As public improvements are
completed on the rest of the project, the boundaries will need to be expanded again as
needed. All single family and two family residential property will be exempt from the
special assessment levy; with commercial property and multifamily dwelling owners
being assessed on a per-square-foot basis under the proposed plan. The rationale for
the exemption is that generally there are negative impacts from businesses located
close to residential properties, and the landscaping buffer insulates the residential
property from these negative impacts generated by the businesses. The area to be
assessed in 1995 will be bounded by 1-35W; 77th Street, 1-494 and Portland Avenue.
The special assessments will pay for maintenance to the landscaped areas along the
screenwall and other common areas.
Level of Service:
The level of service provided in maintaining the original ILN was very similar to that
provided in the Lyndale/Hub/Nicollet (LHN) area. Costs ran about $7,000 per year to
q'_ I
maintain two blocks of heavily landscaped boulevard. The newly finished section
involves about 21 blocks. While designing these improvements, great effort was made
to eliminate the maintenance problems we experienced at the LHN and the first phase
ILN. Our estimates are that maintenance costs per block should be about half of what
the costs to maintain the prototype ILN were. This would be about $35,000/year for the
area from 1-35W to Portland Avenue. Two-year guarantees on irrigation and landscape
materials will reduce this cost substantially. Estimated costs in 1995 and 1996 are
about $18,000 per year.
Most of the routine maintenance (mowing, weeding, litter cleanup) will be contracted,
leaving City crews to perform repairs on irrigation, lights and signs.
Recommended Motion:
Following the close of the public hearing, adopt the resolution ordering the 77th Street
maintenance work for the period January 1, 1995 through December 31, 1995 (City
Project No. 901) to be done and the costs to be specially assessed.
Basis for Recommendation:
1. Notice of proposed assessment has been published in the official newspaper.
2. Each affected property owner has been notified of the proposed assessment.
3. Maintenance service for this commercial area is recommended in order to sustain
the current standards for landscaping and maintenance which have been
successful over the past years.
Alternative Recommendation:
Council may choose to establish a set rate and limit the maintenance performed to that
dollar amount; however, staff believes the redevelopment area would suffer if limited
maintenance was performed.
Discussion/Decision Mode:
Maintenance service for this commercial area is recommended by staff in order to
sustain the current standards for landscaping and maintenance which have been
successful over the past years.
RespectWft submitted,
Jame Prosser
City Manager
JDP:ds
q,- L-?'
RESOLUTION NO.
RESOLUTION ORDERING UNDERTAKING OF CURRENT SERVICE PROJECT
77TH STREET PROJECT AREA MAINTENANCE
JANUARY 1 THROUGH DECEMBER 31, 1995
CITY PROJECT NO. 901
WHEREAS, pursuant to ordinance, the City Council of the City of Richfield did
establish a special assessment district and did propose that certain current services be
undertaken by the City in the 77th Street/ILN Redevelopment Area approximately
bounded by 1-35W, Portland Avenue, 1-494 and 77th Street, and that the cost of such
services be specially assessed against benefited property; and
WHEREAS, the City Council of the City of Richfield did also by such resolution
set the date of public hearing on the undertaking of such current service project and the
levying of special assessment to bear the cost thereof; and
WHEREAS, following due notice, such public hearing was held on.February 13,
1995, at which time all interested parties desiring to be heard were given an opportunity
to be heard.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Richfield, Minnesota, as follows:
1. That the following examples of current services of the City shall be
undertaken by the City within the expanded ILN/77th Street Project Area, which area
constitutes the special assessment district: with the cost of such services to be specially
assessed against the benefited property within the district:
a. Snow, ice or rubbish removal;
b. Weed elimination;
c. Elimination or removal of public health or safety hazards from private
property, excluding and structure included under the provisions of
Minnesota Statutes Section 463.15 to 463.26;
d. Installation and repair of water service lines;
e. Street sprinkling or other dust treatment of streets;
f. Trimming and care of trees and the removal of unsound trees;
g. Repair of sidewalks, crosswalks and other pedestrian walkways;
h. Operation of the street lighting system;
i. Maintenance of landscaped areas and other public amenities on or adjacent to
street right-of-way;
j. Snow removal and other maintenance of streets;
k. General maintenance, including repairs and replacement.
q-3
. 2. The work to be performed may be by day labor, by City force, by contract or
by any combination thereof.
3. The designated period of the project shall be from January 1 through
December 31, 1995. Costs of the project shall be collected in the manner provided in
the Richfield Ordinance Code.
Passed by the City Council of the City of Richfield, Minnesota, this 13th day of
February, 1995.
Martin J. Kirsch, Mayor
0
ATTEST:
Thomas P. Ferber, City Clerk
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• CITY OF RICHFIELD, MINNESOTA
Council Letter No. 48
Agenda February 13, 1995
Issue Statement:
Consideration of an application for a new residential kennel license for Thomas Evenstad,
7209 18th Avenue.
Background:
On October 31, 1994, Thomas Evenstad submitted an application for a residential kennel
license. He owns one dog and five cats. Mr. Evenstad's application contained the
signatures of all contiguous property owners.
On December 27, 1994, an inspection of the property was conducted by a Community
Service Officer. During the inspection it was noted that there was garbage in the back of
the house. This was corrected and there have been no other problems since that time.
The City has adopted a policy that staff notify neighbors surrounding the area of the
residential kennel license. Staff received no calls or complaints from any of the neighbors.
Although this application is for one dog and five cats, it does not exceed the maximum
number of six animals that was approved by the Council as policy on July 22, 1991.
Recommended Motion: -
Staff recommends that the application for a residential kennel license be approved.
Basis for Recommendation:
1. It is up to the animal owner to prove that the keeping of more than two cats does not
have an adverse effect on the neighborhood. Mr. Evenstad has been able to do this.
Alternative Recommendation-
1 . The Council could decide to deny Mr. Evenstad's residential kennel license. This
would mean that he would have to reduce thenumber of cats on his property from
five to two.
Discussion/Decision Mode:
Recommendation to approve a residential kennel license for Thomas Evenstad, 7209 18th
Avenue, is presented for Council consideration at this time.
itted,
0
City Manager
JDP:ds
8r4
CITY OF RICHFIELD, MINNESOTA
Council Letter No. 4 7
Agenda February 13, 1995
Issue Statement:
Consideration of an application for renewal of a residential kennel license for Karen
Patek, 6633 15th. Avenue.
Background:
On November 15, 1994, Karen Patek submitted an application for a residential kennel
license. She owns two dogs and three cats. Ms. Patek's application contained the
signatures of all contiguous property owners.
On December 12, 1994, an inspection of the property was conducted by a Community
Service Officer. There were no apparent problems found at that time.
Although this application is for two dogs and three cats, it does not exceed the
maximum number of six animals that was approved by the Council as policy on July 22,
1991.
Recommended Motion:
Staff recommends that the application for a residential kennel license be approved.
Basis for Recommendation:
1. It is up to the animal owner to prove that the keeping of more than two dogs and
two cats does not have an adverse effect on the neighborhood. Ms. Patek has
been able to do this.
Alternative Recommendation:
1. The Council could decide to deny Ms. Patek's residential kennel license. This
would mean that she would have to reduce the number of cats she has from three
to two.
Discussion/Decision Mode:
Recommendation to approve the application for a residential kennel license for Karen
Patek, 6633 15th Avenue, is presented for Council consideration at this time.
itted,
James Tosser
City Manager
JDP:ds
96-5
CITY OF RICHFIELD, MINNESOTA
Council Letter No. 4 6
Agenda February 13, 1995
Issue Statement:
Purchase of plow units in excess of $5,000.
Background:
The City Council policy resolution on purchasing provides that when the purchase of
merchandise, materials, equipment or construction exceeds the amount of $5,000,
authority to purchase shall be submitted to the City Council for consideration. Two fully
depreciated 3/4-ton four-wheel drive pickup trucks with plows are being replaced this
spring. The trucks have been ordered under the Hennepin County bid process, but
they still need to be equipped with plows.
Staff has tried several brands of pickup plows over the years with varying degrees of
success. In recent years, a new product by Boss Plows which can be used as a V-plow
or a straight edge dozer-type plow has become available. Staff spoke with people in
several agencies (City of Fridley, City of Brooklyn Park, and the Department of Natural
Resources) that have purchased this type of plow. The representatives reported that
the plow is more durable and more efficient than the straight-edge type plow in clearing
• parking lots, park paths and alleys. These tasks are precisely what the units would be
used for in Richfield.
The Boss v-plow is more expensive than a standard straight-edge plow. The trucks
ordered through the Hennepin County bid process came with an option for an eight-foot
straight-edge plow for an additional $2,311.05 installed. The Boss V-plow price is
$3,731.38 installed; however, staff believes that over the expected six year life
expectancy of the plow, increased efficiency will more than offset the difference in initial
cost. Several of the bid prices on some of the 1995 vehicles came in lower than
expected, therefore the Garage Motor Pool contains adequate funding for this
purchase.
Staff obtained quotes from two vendors who carry the Boss V-plow: $3,762.00 installed
from L-A Truck Equipment Company of St. Paul, and $3,731.38 installed from Crysteel
Truck Equipment of Fridley.
Recommended Motion:
Approve a purchase order to Crysteel Truck Equipment for two Boss V-plows at
$3,731.38 per plow for a total purchase price of $7,462.76 (including sales tax).
Basis for Recommendation:
• 1. Crysteel submitted the low quote for the type of plow desired.
2. The 1995 Revised Garage budget will reflect the line item changes for this purchase.
9 (5-I
Alternative Recommendation:
Council may choose to reject this quote and direct staff to obtain others; however, staff
believes the price quoted is the best we can obtain from reputable vendors.
Discussion/Decision Mode:
Staff is requesting approval at the February 13;. 1995 Council meeting in order to
facilitate timely delivery of the plows.
Res a Ily submitted,
Jame . Prosser
City M ager
JDP:ds
0
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• CITY OF RICHFIELD, MINNESOTA
Council Letter No. 45
Agenda February 13, 1995
Issue Statement:
Purchase of trees in excess of $5,000 for 1995 boulevard tree planting.
Background:
The City Council policy resolution on purchasing provides that when the purchase of
merchandise, materials, equipment or construction exceeds the amount of $5,000,
authority to purchase shall be submitted to the City Council for consideration.
In October 1994, requests for quotes on boulevard trees were sent to ten nurseries.
Four nurseries responded. They were Hoffman & McNamara, Bachman's, Swedberg,
and Treemendous. Prices were requested on eight species in two size categories: 1-
1/2" and 1-3/4" diameter. Prices returned were very competitive; in many cases were
the same price from different vendors, or within a dollar per tree. Our tree inspector
went out to all four nurseries and inspected their trees. Treemendous Nursery had the
largest trees and the best quality.
Staff is requesting approval of a purchase order to Treemendous, Inc. for 116 1-3/4"
diameter trees for a total of $7,288.86. A breakdown of previous years' purchases is
shown below for comparison purposes:
Year No. of Trees Total Cost Average Price/Tree
1990 134 Trees $11,917.50 $88.94 (no tax)
1991 160 Trees $13,104.00 $81.90 (no tax)
1992 145 Trees $12,688.50 $87.51 (no tax)
1993 118 Trees $ 7,902.30 $66.97 (with tax)
1994 140 Trees $ 8,946.00 $63.90 (with tax)
1995 116 Trees $ 7,288.86 $62.84 (with tax)
Recommended Motion:
Approve a purchase order to Treemendous, Inc. in the amount of $7,288.86 for the
purchase of 116 1-3/4" diameter balled and burlapped trees.
Basis for Recommendation:
1. Treemendous had the best stock.
2. Treemendous' prices were excellent.
Alternative Recommendation:
Council could reject this purchase. and direct staff to seek other sources for boulevard
trees. However, it is unlikely that sufficient numbers of quality trees would still be
available.
<6- F i
Discussion/Decision Mode:
This item is scheduled for the February 13, 1995 Council. meeting. Staff is requesting
approval at this time in order to facilitate timely delivery for spring planting.
Respectf submitted,
Jame j. Prosser
City Manager
JDP:ds
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CITY OF RICHFIELD, MINNESOTA
Council Letter No. 44
Agenda February 13, 1995
Issue Statement:
Purchase in the amount of $13,810.92 for personal computers, software and services
for the City Garage.
Background:
The 1995 approved budget includes funding to convert the City computer system to a
personal computer (PC) network. PC equipment and software has already been
installed for most computer users at City Hall. The next area scheduled for conversion
is the City Garage.
Staff requested written quotes for seven PCs from five vendors, including two located in
Richfield. Four vendors submitted the following quotes, including sales tax:
PC Tailors of Arden Hills, MN $22,258.50
PC Express of Richfield, MN $15,749.22
Portico Computers of Bloomington, MN $14,482.94
Unique Software of Eagan, MN $13,810.92
As with the last group of PCs the City purchased at the end of 1994, these PCs are
486DX2/66MHz computers with 16MB of RAM and 420MB hard drives. The PCs have
three different cabinet styles and two different monitor sizes. Each comes with DOS and
Windows software and a five year on-site maintenance agreement (one year on
monitors). Staff recommends that the purchase be made from the lowest bidder, Unique
Software. This purchase includes $12,968.00 for products and $842.92 for sales tax.
This quote includes only operating system software (DOS and Windows). If the Council
authorizes this equipment purchase, staff will seek competitive quotes and purchase
the remaining software needed. This will include word processing and spreadsheet
packages totaling about $3,000. Quotes for these items are sought separately from the
equipment because they are solicited from a broader list of vendors.
These purchases will be made from the Central Services Fund from funds budgeted for
the replacement of out-of-date equipment and upgrading of the City's computer
capabilities.
Another purchase of similar equipment will be brought to the Council later this month
On February 6 the City issued a request for proposals for PCs for the Nature Center,
Ice Arena, Golf Course and Community Center. These bids will be opened on
February 16 and brought to the Council for approval on February 27.
?0-1
Recommended Motion:
Authorize the City Manager to purchase seven personal computers in the amount of
$13,810.92 from Unique Software of Eagan, Minnesota.
Basis of Recommendation:
1. Unique Software's proposal meets all of the City's requirements and is the lowest
quote received.
2. Unique has been the low bidder the last three times the City requested bids or
quotes. Their deliveries have been on time and the quality of their products has been
good.
3. Unique's prices represent a good buy in this highly competitive marketplace.
Alternative Recommendation:
1. The Council could direct staff to seek quotes from additional vendors and report back
at a later date.
2. The Council could withhold approval of the purchase.
Discussion/Decision Mode:
Council action to authorize this purchase is requested at the February 13 meeting.
Unique's price quote expires on February 28.
submitted,
Re IMer
Jaosser
CitJDP:ds
CITY OF RICHFIELD, MINENSOTA
Council Letter No. 43
Agenda February 13, 1995
• Issue Statement:
Consideration of the approval of a Stipulation of Settlement regarding previously owned
City property, CSM, Phase I.
Background:
Attached is a Stipulation of Settlement which includes a map. The map identifies land
near Emerson Avenue adjacent to the new 77th Street on the south. Some of this land
was old 77th Street which was vacated and some was residual property purchased for
the new 77th Street (previously known as 7645 Emerson Avenue).
As the stipulation indicates, the HRA acquired title to this property subject to utility
easements in favor of the City. The purpose of this taking was to make the land
available to CSM for their Phase I development. (It was not needed for right of way
purposes.)
Recommended Motion:
It is recommended that the City Council adopt a motion approving the attached
stipulation.
Basis of Recommendation:
• 1. This land was residual in nature with no other practical use.
2. Mr. Brad Bjorklund of BCL Appraisals, Inc. set the value of this property at $6,800
subject to easements in favor of the City.
3. The HRA would pay $6,800 to the city for this property.
4. The HRA took action on this stipulation at a special meeting on February 13, 1995
Alternative Recommendation:
1. Refuse to approve the stipulation.
2. Delay consideration of this matter.
Discussion/Decision Mode:
CSM will be closing on their permanent financing for Phase I prior to the end of
February and this stipulation needs approval prior to that closing.
Respectfully submitted,
Prosser
nager
•
g1?-F
Case Type: Condemnation
STATE OF MINNESOTA DISTRICT COURT
COUNTY OF HENNEPIN FOURTH JUDICIAL DISTRICT
- ----------------}---------------.
Housing and Redevelopment }
Authority in and for the City of }
Richfield, a public body ) STIPULATION OF
corporate and politic under the ) SETTLEMENT
laws of the state of Minnesota, )
)
Petitioner, )
VG* } Court File No. CD-2324
City of Richfield, et al., )
Respondents. )
----_..,....................... - - - ..-)W-------------
THIS STIPULATION IS MADE by and between the Petitioner Housing
and Redevelopment Authority in and for the City of Richfield (the
11HRA11) , acting by and through its attorney, and the respondent City
of Richfield ("City").
Recitals
A. At the time of commencement of this action, the City was
the owner in fee simple title of the lands identified as Parcels 1
and 2 in this condemnation action. The legal descriptions of
Parcels 1 and 2 are attached as Exhibit A .to this stipulation.
H. By order dated August 3, 1994, the HRA acquired title to,
and possession of'Parcels 1 and 2, subject to existing utility
easements in favor of the City, as of August 9, 1994.
C. There is on deposit with the court administrator the sum
of $1.00, plus accrued interest thereon, which is the amount of the
quick-take deposit made for Parcels 1 and 2 pursuant to Minnesota
Statutes, section 117.042.
1
D. in order to a461d further hearings or expense, the City
I? .
and ERA desire to enter into a full and final compromise and
settlement of this matter.
Stipulation
1. The City and HRA stipulate and agree that the court-
appointed commissioners may enter a final award in favor of the
City, in the amount of $6,800, for Parcels l and 2.
2. The HRA agrees to pay to the City, within 30 days of the
date of this stipulation, the sum of $6,800, together with accrued
interest thereon from August 9, 1994.
3. The City agrees that the HRA may make an ex Rarte request
to the court for disbursement to the HRA of the $1.00 on deposit
with the court, plus accrued interest thereon.
This stipulation is made as of February , 1995.
HOLMES & GRAVEN, CHARTERED
i
By
Robert J. Lindall (63277)
Corrine A. Heine (149743)
470 Pillsbury Center
Minneapolis, MN 55402
(612) 337--9300
ATTORNEYS FOR PETITIONER
HOUSING AND REDEVELOPMENT
AUTHORITY IN AND FOR THE
CITY OF RICHFIELD
CITY OF RICHFIELD
By
Martin J. Kirsch, Mayor
By
James D. Prosser, City Manager
2
- :.. _. _ 7 ------ 77
EXHIBIT A
Parcel 1 (Abstract):
Description of Property to be Taken:
The North 30 feet of the East Half of the southeast Quarter of
Southwest Quarter of the Southeast Quarter of Section 33,
Township 28, Range 24, Hennepin County, Minnesota
Limitation on taking:
The taking of the above-described property is subject to
easements in favor of the City of Richfield for existing public
utilities.
Parcel 2 (Abstract):
.
Description of Subject Property:
The South 85 feet of the West Half of the East Half of the
Northeast Quarter of the Southwest Quarter of the Southeast
Quarter of Section 33, Township 28, Range 24, Hennepin County,
Minnesota
and
Lot 8, NORTHFELT ADDITION, Hennepin County, Minnesota
and
Vacated or unvacated 77th Street West,'as dedicated in the plat
of NORTHFELT ADDITION, Hennepin County, Minnesota
Description of Part to be Taken:
That part of the above-described subject properties being
described as follows:
I Commencing at the southeast corner of the Northeast Quarter
of the Southwest Quarter of the Southeast Quarter of said
Section 33; thence South 89 degrees 41 minutes 41 seconds
West, assumed bearing, along the south line of said
Northeast Quarter of Southwest Quarter of Southeast Quarter
86.58 feet to the point of beginning of the parcel to be
described; thence northwesterly 187.04 feet along a non-
tangential curve concave to the northeast having a radius of
610.33 feet and a central angle of 17 degrees 33 minutes 32
seconds, the chord of said curve bears North 63 degrees 29
minutes 13 seconds West; thence South 38 degrees 06 minutes
35 seconds West, not tangent to said curve, 32.47 feet;
thence southerly along a tangential curve concave to the
east having a radius of 120.00 feet to the south line of
A-1
. U
Exhibit A
10,
said Northeast Quarter of southwest Quarter of Southeast
Quarter, thence North 89 degrees 41 minutes.41 seconds East
along said south line to the point of beginning.
i Limitation on taking:
The taking of the above-described property is subject to
easements in favor of the City of Richfield for existing public
utilities.
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CITY OF RICHFIELD, MINNESOTA
Council Letter No. 42
Agenda February 13, 1995
Issue Statement:
Resolution supporting a proposed state statute entitled Minnesota Emerging
Communications Act of 1995.
Background:
.Currently Minnesota State Statutes Section 237 provides for regulation of "plain old
telephone service" and Section 238 regulates cable companies and "plain old cable
service." However, as new services and emerging technologies are.rapidly developing,
the traditional providers of telephone or cable service now have the ability to offer
services of the other. Telephone and cable providers are now offering services which
are neither "plain old telephone" or "plain old cable" service.
In response to this technological change, new legislation is needed. The new services
which are referred to as Emerging Communications Services provided by cable
operators, telephone companies and other companies are not covered under the
current statutes. When telephone service and cable service were both new to
Minnesota, appropriate legislation was enacted to regulate each of those services.
Now that we have an Emerging Communications Service, a new statute is needed to
regulate the new service to ensure the continued regulation of current service and
protect the investment already made by the public in current communications services.
The proposed Minnesota Emerging Communications Act of 1995 and its accompanying
executive summary are attached to this Council Letter. This legislation will address all
providers of emerging communications services who utilize public property and public
rights of way to construct, operate and maintain, offer or deliver such services.
It is staffs recommendation that the City Council support this legislation in as much as it
has some very direct implications for cities such as Richfield. Moreover, the
implications of not having or not creating a new Emerging Communications Services
Act may have even greater impact upon cities like Richfield and our ability to continue
to provide public access television.
Recommended Motion:
Adopt the attached resolution supporting enactment of the Minnesota Emerging
Communications Act of 1995.
Basis of Recommendation:
1. The current Statute Sections 237 and 238 which regulate traditional telephone and
cable services do not address the emerging communications services available in
the State of Minnesota by combinations of telephone and cable service.
$C-I
2. The Southwest Cable Commission has been considering this issue for the past.
several months. It is the conclusion of the Southwest Cable Commission as well as
the League of Minnesota Cities and other cable commissions in the metro area that a
new type of legislation is necessary to address this emerging communications
service.
3. Adopting a statute which covers all emerging communications services including
telephone and cable companies, provides an even playing field for any company
providing such services throughout the State of Minnesota.
4. This proposed legislation would protect the City's public access television services as
well as insure a continued franchise or permit fee for use of public rights of way.
Alternative Recommendation:
1. The City Council could decide not to support this proposed statute.
Discussion/Decision Mode:
If the City Council is supportive of this statute amendment, it is critical that a resolution
be passed showing City support for this proposal. This action should be taken
immediately to effectively impact upon the legislative process.
Respectfully submitted,
Jame D. Prosser
City Manager
JDP:cak
0
RESOLUTION NO.
RESOLUTION IN SUPPORT OF THE MINNESOTA
EMERGING COMMUNICATIONS ACT OF 1995
WHEREAS, Minnesota Statute Section 237 provides for regulation of "plain old
telephone service;" and
WHEREAS, Minnesota Statute Section 238 provides for regulation of "plain old
cable service;" and
.WHEREAS, new emerging services which are not currently covered by these
statutes are now being developed and offered by cable operators, telephone
companies and others; and
WHEREAS, a new statute section to encourage the development of these
emerging communications services throughout the state, ensure the continued
regulation of current services and protect the investment already made by the public in
current communications services is necessary; and
WHEREAS, the proposed Emerging Communications Act of 1995 will address
• all providers of emerging communications services who utilize public property and
public rights of way to construct, operate, maintain, offer or deliver such emerging
services.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of
Richfield, Minnesota that said City Council supports the proposed Minnesota Emerging
Communications Act of 1995 and urges its immediate passage.
Adopted by the City Council of the City of Richfield, Minnesota this 13th day of
February, 1995.
Martin J. Kirsch Mayor
ATTEST:
Thomas P. Ferber City Clerk
•
9C ` 3
1
SLTMNiAR (OF THE
MINNESOTA EMERGING COMMUNICATIONS ACT OF 1995
I. WHY WE NEED NEW COMMUNICATIONS LEGISLATION
• Minnesota communications policy has evolved over this century in direct
response to rapidly changing advances in the communications industry.
Current Minnesota statutes which govern communications services have
traditionally been associated with providers, as well as services. Statute
section 237 is associated with telephone companies and "plain old telephone
service" ("POTS") and section 238 is associated with cable companies and
"plain old cable service" ("POCS"). As new services and technologies have
rapidly developed, traditional providers of either telephone or cable service
now have the ability to offer the services of the other. Moreover, telephone
and cable providers are now offering services which are not POTS or POCS.
• New legislation is needed because of the new services which we refer to as
"emerging communications services" provided by cable operators, telephone
companies and other companies. When telephone service and cable service
were new to Minnesota, appropriate legislation was enacted to regulate each of
those services. Now that we have emerging communications services, we
need a new statute section to encourage the development of emerging
communications services throughout the state, to assure the continued
regulation of current services and to protect the investment already made by
the public in current communications services.
• New legislation will address all providers of emerging communications
services who utilize public property and public rights-of-way to construct,
operate, maintain, offer or deliver such services.
H. WHAT THE LEGISLATION SAYS
A. OVERVIEW
• Creates a new statute section, 237A, which will regulate emerging
communications services.
• Applies only to services which are not currently regulated as "POTS"
or "POCS" under Minnesota Statutes sections 237 and 238. The
services governed by the new statute section are called "emerging
communications services."
0 375539 - 1 -
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• Requires Minnesota Public Utilities Commission ("PUC") to
promulgate uniform statewide standards and regulations to accomplish
the intent and policy of the Act.
• Allows municipalities, which are referred to as "local authorities," to
obtain permits from providers of emerging communications services
requiring them to comply with statewide minimum standards.
• Grants a local authority the right to require a provider of emerging
communications services to serve the entire municipality and prohibit
"redlining" and/or "cherry picking."
• Permits local authorities to obtain compensation for the use of public
property or public rights-of-way.
• Allows local authorities to require the reservation of space on
emerging communications services for public use.
B. AUTHORITY-FOR USE OF RIGHT-OF-WAY TO PROVIDE
EMERGING COMMUNICATIONS SERVICES
1. Permitting authority.
• Allows local authorities to obtain a permit from all persons
using public property or public rights-of-way for the purpose of
constructing, operating, maintaining, offering or delivering any
emerging communications services.
• Allows a local authority to act pursuant to its own authority or
with other political subdivisions.
• Grants a local authority the right to collect reasonable permit
fees to recoup the costs of regulation including expenses
associated with monitoring of permit compliance, costs
associated with enforcement of PUC regulations and any
diminution of value of public property or public rights-of-way
which result from permitting.
2. Compensation for use of public property and public rights-of-way.
• Permits a local authority to request compensation of up to 5
percent of the gross revenues derived directly or indirectly from
the delivery of emerging communications services to subscribers
in the local authority's area.
375539 -2- 0
_ 3. Public Space.
• Allows a local authority to require the reservation of up to 10
percent of the emerging communications services as public space
for public use.
• States that the reserved public space must be equivalent to the
highest technical quality of the remaining capacity of the
affected communications network.
4. PUC responsibilities.
• Requires that the PUC promulgate uniform state-wide standards
to:
standardize the permitting procedure used by local
authorities and ensure uniformity throughout the State of
Minnesota;
attain universality and interconnection between providers
of emerging communications services;
- provide uniform construction and safety standards;
provide uniform minimum technical standards and
customer service standards;
require providers of emerging communications services
to have the capability to deliver services to identified
discrete communities within local authorities, school
districts and county boundaries;
prohibit "redlining" or "cherry picking" and failure to
provide service to certain subscribers; and
require providers to file written documentation (e.g.
location maps) with the PUC regarding the location of
wires, conduits or other equipment necessary for
constructing, operating, maintaining, offering or
delivering emerging communications services.
• Allows the PUC to collect .5% of the gross revenues derived
directly or indirectly from the delivery of emerging
communications services to subscribers in a local authority's
area to offset the cost of providing regulation.
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DRAFT 5
I A bill for an act
2 relating to Persons who provide Emerging Communications Services;
3 encouraging the development and proliferation of Emerging Communications
4 Services in the State of Minnesota; empowering Local Authorities to control
5 the use of public property and public rights-of-way by. communications
6 providers; proposing coding for new law as Minnesota Statutes, Chapter 237A.
7 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
8 Section 1. [237A.01] [SHORT TITLE.]
9 Sections 1 - 8 may be cited as the "Minnesota Emerging Communications Services
10 Act of 1995."
11 Section 2. [237A.02] [OVERVIEW.]
02 Minnesota communications law and policy have developed in response to advances in
13 the communications industry. Major policy goals include fostering development of the
14 industr y universalit y of service and re gulation of actual or near monopolies. In pursuit of
15 these g oals use of p ublic property and public rights-of-way has been granted to p rivate
16 interests for the purpose of furthering the development of such business.
17 Section 3. [237A.03] [LEGISLATIVE FINDINGS; POLICY.]
18 Subdivision 1. Findings. The Legislature of the State of Minnesota finds and
19 declares the following:
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1 !p1 Public property and public rights-of-way are valuable public assets and
2 Local Authorities are entitled to ensure that the public is benefitted by
3 the use thereof for private purposes.
4 j? All similarly situated Persons providing Emerging Communications
5 Services which utilize public, property and public rights-o f-way to
6 provide those services should be treated similarly by the state
7 government and Local Authorities.
8 In Minnesota Statutes Chapter 237 the Legislature has e stablished a
9 plan for the occupancy and use of public property and p ublic rights-of-
10 way with regard to Plain Old Telephone Service ("POTS ") and yet at
11 the same time established uniform policies that will brio about
12 development and interconnection of POTS subject to reasonable state
13 oversight,
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1 In the Minnesota Cable Communications Act Minnesota Statutes
2 Chapter 238 the Legislature has established a plan for the occupancy
3 and use of public property and public rights-of-way and declared that it
4 is in the public interest to protect and to preserve the interests of
5 communities with regard to Plain Old Cable Service ("POCS") and vet
6 at the same time established uniform policies that will bring bout
7 development and the availability of POCS subject to reasonable state
8 and m unicipal oversi ght.
9 The Le gislature recog nize s that the services offered by the
10 communications industry and the number of Persons providing those
11 services are rapidly! growing and changing A need exists to develop a
12 comprehensive state communications policy.
13 L It has long been the intent of the Legislature to assure that Emerging
Communications Services are full accessible to eve state resident.
014
15 business and public institution.
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The cable television industry, telephone industry, and computer an
related industries are now able to provide new services in addition to
traditional POCS and POTS Thus within the communications
industry. there is a wide range of Persons seeking to deliver video.
voice and data services bi-directionally through the use of public
property and public rights-of-way,
lei Emerging Communications Services have created an unaddressed
competitive environment in Minnesota public property and public
rights-of-way. Existing state statutes do not adequately address these
Emerging Communications Services.
fi) Leal Authorities are well equipped to analyze and implement the needs
and interests of the local citizen/consumer. Local government
utilization of communication services will support business expansion.
create jobs spur economic growth and improve the overall quality of
life Local Authorities participation will protect and return taxpayers'
investment in public property and public rights-of-way.
fD State government and Local Authorities in Minnesota have expended
considernn sums of public money in the implementation of existing
communications law. These interests require legislative protection in
regard to Emerging Communications Services.
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8. -ID
1 ?k Local Authorities are responsible for the development and maintenance
0 2 of public property and public rights-of-way. Public property and public
3 rights-of-way are valuable assets for which it is appropriate for Local
4 Authorities to receive reasonable compensation for the use thereof by
5 Persons for profit.
6 1! 1 In light of Local Authorities' compelling and legitimate interests in
7 ensuring broad and diverse access to communications services in
8 exchange for the occupancy and use of p ublic prop erty and public
9 rights-of-way by .-private communication s providers , it is appropriate to
10 require communications providers to reserve capacity for public use.
11 LmI The Public Utilities Commission. as a state agency, is well equipped to
12 develop uniform statewide policy in the convergence of
13 communications services Local Authorities are well equipped to
014 implement and enforce such statewide licie
15 Subdivision 2. The Legislature of the State of Minnesota makes the following Wficy
16 statements:
17 U Local Authorities must have the authority to require Emerging
18 Communication Services utilizing public property _and public rights-of-
19 way to:
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1 $ l?° 1 obtain Permits and comely with existing local standards for the
2 use of public rights-of-way and public propgrty (within uniform
3 state mandated parameters) in the construction and overation of
4 facilities to distribute services within municipal boundaries:
5 prohibit redlining and uphold nondiscrimination standards in the
6 provision of Emerging Communications Services:
7 sunnort community access to Emerging Communications
g Services:
9 design the local communications infrastructure to meet
0
10 community communications/information needs within state and
11 federal uniform standards of universality and interconnectivity
12 so that a portion of the public capacity can be delivered on a
13 city and school district sRNific basis as determined by the Local
14 Authority or Local Authorities:
15 fn allow Local Authorities to receive compensation for the use of
16 public nights-of-way and public property:
17 Current local franchising authority over POCS and PUC nermitting
18 authority over POTS does.'not adequately address Emerging t
19 Communications Services and must be supplemented with local
20 permitting authority which:
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I LII ensures enforcement of and compliance with state and federal
0 2 technical and connectivity standards:
3 enforces financial technical and legal qualifications of
4 Emerging Communications Services providers:
5 f2 authorizes local collection of fees adequate to reimburse Local
6 Authorities for the use and diminution of value and useful life of
7 Rublic rights-of-way and public prop M in addition to
8 reimbursement for expenses associated with permitting:
9 protects local interest in the management of public rights-of-way
10 and public property]
11 SL1 assures discrete delivery of certain communications services to
12 relevant constituencies within Local Authorities, local school
&3 districts and county boundaries:
14 Section 4. [237A.04] [DEFINITIONS.]
15 Subdivision 1. [APPLICATION.] The definitions in this section apply to this statute
16 237A.
17 Subdivision 2. [EMERGING COMMUNICATIONS SERVICE OR SERVICES.]
18 "Emerging Communications Service or Services" means an y communications s ervice
19 other than POTS or POCS delivered to a Subscriber throug h the utilization of public
20 Rroerty or public rights-of-way,
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Subdivision 3. [LOCAL AUTHORITY OR LOCAL AUTHORITIES.] "Local
2 Authority or Local Authorities" means Minnesota political subdivisions whether acting
3 pursuant to their own authority or in conjunction with other political subdivisions.
4 Subdivision 4. [PERMIT.] "Permit" means the authority granted by Local
5 Authorities to the provider of an Emerging Communications Service or Services
6 allowing the occupancy of proper y or public rights-of-way for the delivery of
7 such service or services.
8 Subdivision 5. [PERSON.] "Person" means any individual. corporation. partnership.
9 or other entity qualified to conduct business in the State of Minnesota.
10 Subdivision 6. [PLAIN OLD CABLE SERVICE, "POCS".] "Plain Old Cable
11 Service" means video transmission delivered pursuant to authority granted by Federal
12 law. Minnesota Statutes Chapter 238. and local cable communications franchises.
13 Subdivision 7. [PLAIN OLD TELEPHONE SERVICE, "POTS".] "Plain 1 •
14 TeIcRhone Service" means bi-directional voice transmission delivered pursuant to
15 authority granted by Federal law and Minnesota Statutes Chapter 237.
16 Subdivision 8. [PUBLIC UTILITIES COMMISSION, "PUC".] "Public Utilities
17 Commission" means the Minnesota Public Utilities Commission.
18 Subdivision 9. [SUBSCRIBER.] "Subscriber" means a consumer or user of a
19 communications service delivered through the utilization of public property or public
20 rights-of-way,
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1 Section 5. [AUTHORITY FOR USE OF PUBLIC PROPERTY AND PUBLIC RIGHTS-
2 OF-WAY TO PROVIDE EMERGING COMMUNICATIONS SERVICES.]
3 Subdivision 1. A Person cannot offer Emerging Communications Services unless a
4 Permit is obtained from the Local Authority.
5 A41112lication This Act applies-to every Person using _public property or
6 public rights-of-way for the Ru=se of constructing operaring,
7 maintaining. offering or delivering any Emerging Communications
g Services,
9 (...,b A Local Authority acting pursuant to its own authority or in
10 conjunction with other political subdivisions shall require a Permit of
11 any Person subject to this Act.
12 Subdivision 2.
41 3 The PUC shall promulgate uniform statewide standards and regulations
14 to ensure that the intent and policy of this Act will be accomplished.
15 jM Within 180 days after the date of enactment of this Act. the PUC shall
16 prescribe and periodicals thereafter revise regulations to cam out its
17 obligations under paragraph (a) above.
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I In prescribing regulations the PUC shall seek to reduce the
2 administrative burdens on Subscribers Local Authorities and any
3 Person required to have a Permit and standardize the permitting
4 procedure to ensure uniformity throughout the State of Minnesota so
5 that the process will not be unduly burdensome or unduly hinder the
6 proliferation of Emerging Communications Services in the State of
7 Minnesota.
8 Regulations developed by the PUC shall include at a minimum the
9 following which shall be enforced at the Local Authority level,
10 LU Statewide minimum standards of universality and
11 interconnectivity which, wherever possible. shall provide for the
12 delivery of Emerging C ommunications Services b eyond the
13 boundaries of Local Authorities, to ensure public convenience is
14 me
15 Q A description of the Permit procedures and requirements.
16 M A process for determining local needs and evaluating
17 performance.
18 M Interconnection re quirem ents t o attai n interconnection between
19 Persons providing, Emerg ing C omm unications Services, where
20 possible within the Jurisdictions of Local Authorities.
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1 5? Regulations to ensure that all providers of similar Emerging
2 Communications Services shall be subject to the same
3 reg.uir m n s pursuant to this Act,
4 RRgQuirements that all existing commitmen ts to municipal.
5 educational and other gublidcommunity s ervices shall be
6 maintained.
7 L71 Requirements that providers of Emerging Communications
8 Services shall provide services to identifie d discrete communities
9 within Local Authorities school district, and county boundaries.
10 Requirements which ensure open access to all communications
11 architecture through the development of a "seamless web" of
12 Emerging Communications Services deliv ery systems.
13 U Uniform construction and safety standards ensuring that Local
14 Authorities retain control over the use of and ui ment an
eq p and
15 facilities located on or in public property and public rights-of-
16 wav•
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1 X141 Uniform standards which will reduce duplication of equipment
2 and facilities located on public property or in public rights-of-
3 way which are necessary for the purpose of constructing,
4, Qperatingi maintaining offering or delivering any Emerging
5 Communications Services.
6 1 Uniform minimum technical standards.
7 f= Uniform customer service standards.
g Procedures for the expeditious resolution of disputes between
9 permittee's and Local Authorities with anneal to -the PUC:
10 ) Standards and procedures to prevent unreasonable charges to
11 Subscribers: and
12 (15) Prohibition against discrimination of services to ensure the
13 availability of services to the broadest range of Subscribers
14 without regard to income or location.
Requirements for filing written documentation (e.g. location
15 (16
16 maps) with the PUC and Local Authorities by every Person
17 providing Emerging Communications Services which identifies
18 all wires conduits or other equipment necessary for the purge
19 of constructing operating, maintaining` offering or delivering
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1
2 above or on Qublic pronertyor public rights-of-way.
3 Section 6. [237A.06] [COMPENSATION FOR USE OF THE RIGHT-OF-WAY.]
4 Subdivision 1. The Local Authority may charge and coll ect reasonable Permit fees
5 sufficient to recoup the costs of regulation Such fee may include not only the actual
6 costs of yermittin g. but all expenses associated with the monitoring of. Permit
7 compliance costs associated with enforcement of PUC regulations and any diminution
8 of value of public pro gy or public rights -of-way as a re sult of the installation upon
9 or continued occupancy of public Rrop M or public right s-of-
10 Subdivision 2. In recognition of the use of public proper y or public rights-of-way by
11 any Person for the purpose of receiving compensation and to avoid further
12 subsidization of private entities through the free use of public property and vublic
013 rights-ofway a Local Authority may chargee_u p to 5 uercent of the gross revenues
14 derived directly or indirectly from the delivery of Emerging Communications Services
15 to Subscribers in the Local Authority.
16 Subdivision 3. The PUC shall collect-.5% of the gross revenues derived directly or
17 indirectly from the delivery of Emerging Communications Services to Subscribers in
18 the Local Authority for administrative expenses relating to the imvlementation of the
19 statute.
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9
1 Section 7. [237A.07] [PUBLIC SPACE.]
2 Subdivision 1. The Local Authority may rrguire the re servation of not to exceed ten
3 r en (10%) of the Emerging Communications Services for use as public*jpace. It
4 is the intent of the public spacer uirement that the 10 percent reservation not only
5 Mly to spectrum or channel capacity but also to the actual service or technology
6 delivered in such spectrum or channel oRacity exclusive of actual content The total
7 reservation of public space shall not exceed 10 percent.
8 Subdivision 2. Rc uirement for reserved public space Within 180 days after the
9 date of enactment of this section the PUC shall promulgate regulations to implement
10 Subdivision 1 o f this Section 7.
11 Subdivision 3. The r eserved public space shall be made available free of charge and
12 identified at the time a Permit is issued.
13 Subdivision 4. The reserved public space shall be
e
considered public property and th
14 providers of an X, such Emerging Communications Services hall have no control over.
15 and no liability for the content of such reserved p ublic space.
16 Subdivision 5. Regu lations promulgated pursuant to this Section 7 shall provide that
17 if the Local Authorit y determines that any -portion of reserved public space will go
18 unused the reserved amount may be reduced by such unused portion.
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1 Subdivision 6. The technical quality of reserved public spac e shall be equivalent to
2 the highest technical quality of the-remaining Maci1y of the affected communications
3 network in all respects.
4 Subdivision 7. Eligible Entities The follov&g_entities are eligible for access to
5 p blic ace reserved under this section which shall be allocated and used in the
6 discretion of the Local Authority.
7 Ua state and tribal governments and Local Authorities and their agencies:
8 1) accredited educational institutions oven to enrollment by the Rublic:
9 &) public and nonlrofit libraries: and
10 nonprofit organizations described under section 501(c)(3) of the Internal
11 Revenue Code of 1986 that are formed for the purpose of providing
02 nondiscriminatory public access to noncommercial educational.
13 informational cultural. civic. or charitable services.
14 Subdivision 8. Terms and conditions of access Such eligible entities shall have
15 access to such public space at no charge (for installation or service) if using such
16 public space only for the provision of educational informational, cultural, civic. or
17 charitable services directly to the public without charge for such services.
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1 Subdivision 9. The regulations of the PUC shall provide for reasonable funding o
2 the cQuiivment and facilities necessary for use of reserved public space and it shall
3 allocate all such costs among all permittees existing or new.
4 Section 8. [237A.08] [VIOLATION.]
5 Any Person violating this Act shall be guilty of a gross misdemeanor. Any term of
6 imprisonment imvosed for any violation by a corporation shall be served by the senior
7 resident officer of the corporation.
•
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•
CITY OF RICHFIELD, MINNESOTA
Council Letter No. 41.
Agenda February 13, 1995
Issue. Statement:
Approval of the continuation of the agreement with the City of Bloomington for the
provision of inspectional services for Richfield for the year 1995.
Background:
The City of Bloomington has provided inspectional and enforcement services in the
areas of plumbing, heating and air conditioning, food service, forestry and plan check
for food services for several years.
The proposed contract for 1995 is $96,100 compared to the 1994 contract amount of
$91,750. This is primarily due to increases in staff salaries.
Recommended Motion:
It is recommended that the City Council approve the agreement with the City of
Bloomington for the provision of inspectional and enforcement services for the year
1995.
Basis for Recommendation:
1. The City of Bloomington has sufficient resources to provide a professional level of
inspectional services to Richfield residents. Annual evaluations of their services has
shown that they are providing effective services in a very cost-effective manner.
Alternative Recommendation:
1. The Council could decide to have Richfield provide its own plumbing, heating and air
conditioning, food inspection and forestry services. The cost of hiring the staff
necessary to provide the same level of services and administrative support would be
more than our current expenditures,. and would require a budget increase.
2. The Council could decide to compensate the City of Bloomington at a lower rate
which would require designated reduction in services or programs.
Discussion/Decision Mode:
The renewal of the agreement between Richfield and the City of Bloomington for the
provision of inspectional services is being presented for council approval.
Respectful) submitted,
i James Prosser
City Manager
JDP:cak
0
39--1
AGREEMENT
This Agreement is made this 13th day of February, 1995, by and between the City of
Richfield (hereinafter referred to as "Richfield") and the City of Bloomington (hereinafter
referred to as "Bloomington:).
WHEREAS, Richfield is authorized and empowered to provide for various
types of inspections and code enforcement to ensure the public health, welfare and
safety; and
WHEREAS, it is the desire of the parties and the purpose of this agreement
that certain of such services be performed by Bloomington on behalf of Richfield;
NOW, THEREFORE, in consideration of the mutual covenants and conditions
set forth below, the above parties hereto agree as follows:
1. The term of this agreement shall be from January 1, 1995 through December 31,
1995, subject to termination as provided in paragraph 6.
2. For the term of this agreement, Bloomington shall provide Richfield with the following
services, in and on behalf of Richfield:
40 a. Plumbing inspections, plan review and code enforcement as necessary.
b. Heating, ventilation, and air conditioning inspections, plan review and code
enforcement for new residential structures and commercial/industrial
applications.
c. Food service inspections and code enforcement as necessary
(a minimum of two inspections will be done of all restaurants and at least one
inspection will be done of all grocery stores).
d. Tree inspections and code enforcement as necessary.
e. Plan Check for food services.
f. Public swimming pool inspections as necessary.
g. Lodging inspections as necessary.
3. Bloomington shall have control over the manner in which the inspections, plan
review and code enforcement activities are conducted and over the determination of
what enforcement action is appropriate consistent with Richfield City Code Section 615
and other policies as established by the City of Richfield.
4. Bloomington shall assume the expense of performing the inspections and code
enforcement.
5. Richfield shall pay Bloomington the sum of $96,100.00 for services provided
pursuant to this agreement. One-half of this amount shall be due on June 30, 1995,
and the remainder shall be due on. November 30, 1995.
0 6. This agreement shall terminate as follows:
a. Upon the expiration of 30 days after service of written notice upon the
other party; or
b. At any time, upon agreement of the parties; or
c. In any event on December 31, 1995.
7. In the event of a termination prior to December 31, 1995, a prorata reduction of the
compensation owed by Richfield to Bloomington shall occur which reflects the period
remaining on the agreement at the time of termination.
8. Bloomington agrees to defend, indemnify and hold harmless Richfield, and its
officials, agents and employees from and against all claims, actions, damages, losses
and expenses arising out of or resulting from Bloomington's performance of the duties
required under this Agreement, provided that any such claim, action, damage, loss or
expense is attributable to bodily injury, sickness, disease, or death or to the injury to or
destruction of property including the loss of use resulting therefrom and is caused in
whole or in part by any negligent act or omission or willful misconduct of Bloomington.
9. Bloomington shall carry liability insurance in the amount of at least $200,000 per
individual and $600,000 per occurrence. Property damage liability insurance in the
amount of $100,000. Richfield shall be named as an additional insured, and a
certificate of said insurance shall be provided to Richfield. Bloomington shall carry
Worker's Compensation Insurance as required by Minnesota Statutes, Section 176.181,
Subd. 2 (1991) and further agrees to provide a certificate of said insurance to Richfield.
10. Any employee assigned by Bloomington to perform its obligations here under shall
remain the exclusive employee of Bloomington for all purposes including, but not limited
to, wages, salary and employee benefits.
11. In addition to the services listed in Paragraph 2 above, Bloomington shall, upon
request, also provide for and on behalf of Richfield:
1. Electrical inspection and code enforcement services;
2. Inspection of replacement residential heating and air conditioning
equipment.
Such services shall be paid for by Richfield on an hourly basis at the rate of $36.75 per
hour, and said hourly rate shall be separate from, and in addition to, the payment
provided for by Paragraph 5 of this Agreement. All other provisions of this Agreement
shall remain applicable with respect to the electrical and heating, ventilation and air
conditioning inspection services being provided.
96-3
12. In addition to the services listed in Paragraph 2 above, Bloomington shall, upon
request, also provide building plan checking services for and on behalf of Richfield.
Such services shall be paid for by Richfield on an hourly basis at a rate of $42.80 per
hour, and said hourly rate shall be separate from, and in addition to, the payment
provided for by Paragraph 5 of this Agreement. All other provisions of this Agreement
shall remain applicable with respect to the building plan checking services being
provided.
13. It is agreed that nothing herein contained is intended or should be construed in any
manner as creating or establishing the relationship of co-partners between the parties
hereto or as constituting the persons employed by Bloomington as the agent,
representative or employee of Richfield for any purpose or in any manner whatsoever.
Bloomington is to be and shall remain an independent contractor with respect to all
services performed under this contract. Bloomington represents that it has, or will
secure at its own expense, all personnel required in performing services under this
contract. Any and all personnel of Bloomington or other persons, while engaged in the
performance of any work or services required by Bloomington under this contract, shall
have no contractual relationship with Richfield and shall not be considered employees
of Richfield, and any and all claims that may or might arise under the Workers'
Compensation Act of the State of Minnesota on behalf of said personnel or other
persons while so engaged, and any and all claims whatsoever on behalf of any such
person or personnel arising out of employment or alleged employment including,
without limitation, claims of discrimination against Bloomington, its officers, agents
contracts or employees shall in no way be the responsibility of Richfield; and
Bloomington shall defend, indemnify and hold Richfield, its officers, agents and
employees harmless from any and all such claims regardless of any determination of
any pertinent tribunal, agency, board, commission or court. Such personnel or other
persons shall not require nor be entitled to any compensation, rights or benefits of any..
kind whatsoever from Richfield, including, without limitation, tenure rights, medical and
hospital care, sick and vacation leave, Workers' Compensations, Unemployment
Compensation, disability, severance pay and PERA.
14. The books, records, documents, and accounting procedures of Bloomington
relevant to this Agreement, are subject to. examination by Richfield and either the
legislative or state auditor as appropriate, pursuant to Minnesota Statutes, Section
16B.06 subd. 4.
15. This Agreement represents the entire Agreement between Bloomington and
Richfield and supersedes and cancels any and all prior agreements or proposals,
written or oral, between the parties relating to the subject matter hereof, any
amendments, addenda, alterations, or modifications to the terms and conditions of this
Agreement shall be in writing and signed by both parties.
16. Bloomington and Richfield agree to comply with the Americans with Disabilities Act
and not to discriminate on the basis of disability in the admission or access to, or
Sa `?
treatment of employment in its services; programs; or activities. Upon request,
accommodation will be provided to allow individuals with disabilities to participate in all
services, programs, and activities. Bloomington has designated coordinators to
facilitate compliance with the Americans with Disabilities Act of 1990 (ADA), as required
by Section 35.107 of the U.S. Department of Justice regulations, and to coordinate
compliance with Section 504 of the Rehabilitation Act of 1973, as mandated by Section
8.53 of the U.S. Department of Housing and Urban Development regulations. For
information contact Human Services Division, City of Bloomington, 2215 West Old
Shakopee Road, Bloomington, Minnesota 55431; telephone: 948-8700; TDD: 948-
8740. Richfield agrees to hold harmless and indemnify Bloomington from costs,
including but not limited to damages, attorney's fees and staff time, in any action or
proceeding brought alleging a violation of ADA by Richfield. Bloomington agrees to
hold harmless and indemnify Richfield from costs, including but not limited to damages,
attorney's fees and staff time, in any action or proceeding brought alleging a violation of
ADA by Bloomington.
17. Both parties agree to comply with all applicable state, federal and local laws, rules
and regulations.
IN WITNESS WHEREOF, the parties have set forth their hands on the day
and year first written above.
Upon proper execution, this Agreement CITY OF BLOOMINGTON
shall be a legal and binding obligation
upon the City of Bloomington. By:
Its Mayor
City Attorney
By:
Its City Manager
CITY OF RICHFIELD
By:
Its Mayor
By:
Its City Manager
is
3 A
CITY OF RICHFIELD, MINNESOTA
Council Letter No.40
February 13, 1995
Issue Statement:
Approval of the continuation of the agreement with the City of Bloomington for the
provision of public health services for the City of Richfield for the year 1995.
Background:
In 1977, the State of Minnesota enacted the Community Health Services Act, which
transferred the responsibility for the administration of public health programs to local
jurisdictions. The state also provided funds for the programs, and encouraged local
jurisdictions to increase the efficiency of the programs by grouping together. Richfield and
Edina entered into a joint powers agreement with Bloomington, and the program has been
administered under that agreement since that time.
The contract amount for 1995 reflects a 3% increase over the 1994 contract amount. This
is primarily due to increases in staff salaries. The 1995 contract amount will be $163,485
while the 1994 contract amounted to $158,723.
Recommended Motion:
It is recommended that the City Council renew the joint powers agreement for 1995.
Basis for Recommendation:
1. The City of Bloomington has sufficient resources to provide a professional level of
public health services Richfield residents. Annual evaluations of their services has
shown that they are providing effective services in a very cost-efficient manner.
Alternative Recommendation:
1. The Council could decide to have Richfield provide its own public health services. The
cost of hiring the nursing staff necessary to provide the same level of services and
administrative support would be more than our current expenditures, and would require
a budget increase.
2. The Council could decide to compensate the City of Bloomington at a lower rate which
would require designated reduction in services or programs.
Discussion/Decision Mode:
The renewal of the joint powers agreement between the City of Richfield and the City of
Bloomington for 1995 for the provision of public health services is being presented for
Council approval..
submitted,
James rosser
City Manager
JDP:ds
ofiq
• AGREEMENT BETWEEN THE CITIES OF BLOOMINGTON AND RICHFIELD TO
PROVIDE COMMUNITY HEALTH SERVICES
THIS AGREEMENT, made and entered into this 13th day of February, 1995, by and
between the City of Bloomington, a Minnesota municipal corporation, in. the County of
Hennepin, State of Minnesota ("Bloomington"), and the City of Richfield, a Minnesota
municipal corporation, in the County of Hennepin, State of Minnesota ("Richfield").
WITNESSETH:
WHEREAS, Bloomington warrants and represents that its Division of Public
Health is a duly certified public health agency operating in accordance with all
applicable federal and state requirements; and
WHEREAS, Bloomington's Division of Public Health provides community
health services, including, but not limited to home health services, well adult clinics, well
child clinics, health education, school health services, health promotion services,
prevention and control, and program administration; and
WHEREAS, Richfield wishes to promote, support, and maintain the health of
its residents by providing community health services such as health education,
• communicable disease programs, nursing services, health assessment, counseling,
teaching, and evaluation in the community, home and clinic setting at a nominal fee to
those making use of such services, and to contract with Bloomington for Bloomington,
through its Division of Public Health, to provide such services to residents of Richfield;
and
WHEREAS, the governing bodies of Bloomington and Richfield are authorized
by Minnesota Statutes, Section 145A.04, Subdivision 5, and by Minnesota Statutes,
Section 471.59, Subdivision 10, to provide community health services and to enter into
agreements with each other for the providing by Bloomington of community health
services to residents of Richfield.
NOW, THEREFORE, the parties hereto, and for consideration of the
covenants hereinafter set forth, agree as follows:
1. Bloomington, through its Division of Public Health, agrees to provide residents of
Richfield with those community health services (hereinafter called "Health Services"),
that Richfield has outlined in its 1994-1995 Community Health Services Plan, which
includes home health, family health, disease prevention and control, and health
promotion. Richfield agrees not to amend said Plan in any manner that would impact
the service Bloomington provides without first contacting Bloomington.
• 2. Bloomington agrees to provide to the residents of Richfield health services in the
same manner and the same extent including the same quality and kind of personnel,
equipment and facilities as health services are provided and rendered to residents of
Bloomington, it being the intent and purpose of this agreement to provide and render
the Health Services equally to residents of Bloomington and Richfield, without
discrimination in any way.
3. Bloomington shall provide the health services pursuant hereto on a confidential
basis, using capable, trained professionals.
4. All Health Services to be rendered hereunder by Bloomington shall be rendered
pursuant to and subject to public health policies, rules, and procedures now or
hereafter, from time to time, adopted by the Bloomington City Council, and in full
compliance with all applicable state and federal laws, provided; however, that (i) no
policy, rule, or procedure hereafter adopted by the Bloomington City Council shall in
any way affect, modify, or.change the obligations, duties, liabilities, or rights of the
parties hereto as set out in this Agreement, or reduce or detract from the kind, quality,
and quantity of Health Services to be provided. hereunder by Bloomington to residents
of Richfield, and (ii) all such policies, rules and procedures shall be uniformly applied to
all persons receiving Health Services from Bloomington, whether residents of Richfield,
Bloomington, or any other municipality. Richfield agrees to adopt the same policies,
rules and procedures as are from time to time adopted by Bloomington, if determined
by Richfield to be necessary or desirable to facilitate or regulate the provision of Health
Services by Bloomington to residents of Richfield pursuant hereto.
5. Richfield agrees to pay Bloomington, for the provision of Health Services pursuant
hereto, amounts and on terms as follows:
A. The annual sum of $163,485 shall be paid in quarterly payments of
$40,871.25 to Bloomington within fifteen (15) days of the receipt by Richfield of each of
the reports to be given pursuant to Paragraph 5.13 hereof, subject, however to the
provisions of Paragraph 5.C hereof.
B. On April 15, July 15, and October 15, 1995 and on January 15, 1996,
Bloomington shall send Richfield a statement, certified by the person in charge of
Bloomington's Division of Public Health as being true and correct, and covering the
period of three (3) calendar months preceding the month in which the report is given,
and setting forth, in such detail as Richfield shall reasonably require, the numbers of
persons served, the kinds of Health Services delivered, the locations where such
services were delivered, and such other information as Richfield shall reasonably
request.
C. No payment or payments need be made by Richfield under this
Agreement while Bloomington is in default under any of the terms and conditions
hereof.
6. In the event Richfield desires to inspect the financial books and records of
Bloomington related to the providing of Health Services hereunder by Bloomington,
Bloomington shall make its financial books and records available at the Bloomington
?R 3
City Hall for inspection and copying by Richfield, or any agent, employee, or
representative of Richfield, at reasonable business hours.
7. It shall be the sole responsibility of Bloomington to determine the qualifications,
functions, training, and performance standards for all health service personnel who
render Health Services under this Agreement; provided, however, that Bloomington
agrees that all such personnel shall be capable, trained professionals.
8. Bloomington's Division of Public Health will communicate with Richfield relative to
Health Services to be performed hereunder by Bloomington, such communication to be
in the form of reports, conferences, or consultations, as the respective Richfield
departments shall request. All reports relating to the providing of Health Services that
are given by Bloomington's Division of Public Health to the Bloomington City Council or
to the City manager during the term of this Agreement shall also, and at the same time,
be given to Richfield.
9. Bloomington also agrees to send to Richfield an annual report describing the
activities performed and Health Services rendered pursuant to this Agreement. Such
report shall be in such detail and form as Richfield may reasonably request. The
annual report shall be sent with and in addition to the last quarterly report acquired by
Paragraph 5.13 hereof. Also, at Richfield's request, made not more than two (2) times
during the term of this Agreement, responsible administrative officers of Bloomington's
Division of Public Health shall attend meetings of the Richfield City Council or
appropriate board or commission to answer questions and give further information
relative to the activities performed and Health Services rendered under this Agreement.
10. Bloomington hereby agrees to maintain in force its present policy of comprehensive
liability insurance and professional liability coverage, each in the minimum amount of
five hundred thousand dollars ($500,000), for the term of this contract. A copy of the
policy or policies shall be furnished to Richfield. Said policy shall be with an insurance
company authorized to do business in Minnesota.
11. Bloomington shall further require personal medical malpractice insurance coverage
by its physicians and other health professionals with whom Bloomington has a contract
for professional services.
12. This Agreement shall be for a period of from January, 1, 1995, to December 31,
1995, provided that either party may terminate the same by one hundred twenty (120)
days' written notice to the other. Upon such termination, all obligations and liabilities of
the parties hereunder shall cease and terminate, except the provisions of Paragraph 12
hereof shall continue and survive such termination. Also, in the event of termination
pursuant hereto, the quarterly payment next due shall be prorated and paid for only the
period ended on the date of termination, and Bloomington shall send to Richfield, within
. thirty (30) days after such termination, a report in the form of, and in lieu of, the annual
report required by Paragraph 9 hereto, and Richfield shall pay such reduced quarterly
• payment for the period ended on the date of termination, within fifteen (15) days after
receipt of both of such reports.
13. Bloomington and Richfield understand and agree that each of them shall apply and
qualify, independently and separately, for any and all grants, matching funds, and
payment of all kinds from state, federal, and other governmental bodies relating to, or
for the provision of, any or all of the Health Services, and any and all such grants,
matching funds, and payments shall belong to the recipient and be used and applied as
the recipient thereof shall determine, without regard to this Agreement.
14. All notices, reports, or demands required or permitted to be given under this
Agreement shall be in writing and shall be deemed to be given when delivered
personally to an officer of the party to which notice is being given, or when deposited in
the United States mail in a sealed envelope, with registered or certified mail, postage
prepaid thereon, addressed to the parties at the following addresses:
To Bloomington: 2215 West Old Shakopee Road
Bloomington, Minnesota 55431
Attention: City Manager
To Richfield: 6700 Portland Avenue South
• Richfield, Minnesota 55423
Attention: City Manager
Such addresses may be changed by either party upon notice to the other party given as
herein provided.
15. The parties agree to comply with the following laws and regulations:.
A. The parties agree to comply with the Americans With Disabilities Act.
Bloomington does not discriminate on the basis of disability in the admission or access
to, or treatment of employment in, its services, programs, or activities. Bloomington has
designated coordinators to facilitate compliance with the Americans With Disabilities Act
of 1990 (ADA), as required by Section 35.107 of the U.S. Department of Justice
regulations, and to coordinate compliance with Section 504 of the Rehabilitation Act of
1973, as mandated by Section 8.53 of the U.S. Department of Housing and Urban
Development regulations. For information contact the Human Services Division, City of
Bloomington, 2215 West Old Shakopee Road, Bloomington, Minnesota 55431;
telephone: 881-5811; TDD: 887-9677
B. The parties hereto agree to comply with Section 504 of the Rehabilitation
Act of 1973/31 CFR Part 51. This Act states in part that, "... all recipients of federal
funds, whether in the form of a grant or a contract, review, and if necessary modify,
. their programs and activities so that discrimination based on handicap is eliminated."
9A-5
16. Non-Assignment. This Agreement shall not be assignable except at the written
consent of Bloomington.
17. Scope of Agreement. This Agreement represents the entire Agreement between
Richfield and Bloomington and supersedes and cancels any and all prior agreement or
proposals, written or oral, between the parties relating to the subject matter hereof; and
amendments, addenda, alterations, or modifications to the terms and conditions of this
Agreement shall be in writing and signed by both parties.
18. Richfield will comply with all applicable provisions of the Minnesota Government
Data Practices Act, Chapter 13 of the Minnesota Statutes.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to
be duly executed and their corporate seal to be affixed hereto the day and year first
above written.
CITY OF BLOOMINGTON
By:
Its Mayor
0
By:
Its Manager
CITY OF RICHFIELD
By:
Its Mayor
By:
Its Manager
Approved:
City Attorney
0
(49
CITY OF RICHFIELD
Council Letter No. 39
Agenda February 13, 1995
Issue Statement:
Recognition of employee who has completed the City of Richfield's Management
Certificate program.
Background:
The Management Certificate Program was designed by City staff in cooperation with
Normandale Community College. The program was designed for current management
or supervisory employees, giving them skills to perform the duties of their positions
more effectively.
City employees were surveyed for potential. course topics. Based on interest and need,
a curriculum of seven required core courses was developed: Progressive Discipline,
Lawful Interviewing and Selection, Performance Appraisal, Interpersonal
Communications, Delegating and Empowering Others, Effective Time Management and
Cultural Diversity in the Work Place. To be awarded a Management Certificate,
employees must complete all core courses and an additional five elective courses. At
the completion of each course, participants earn continuing education units (CEU), a
• nationally recognized unit of achievement.
The Personnel Manager works with Normandale Community College's Center for
Continuing Education and Outreach to develop each course. The Personnel Manager
oversees the course content, presentation styles, and instructor selection to ensure
high course quality and consistency with City procedures and policies.
The most recent graduate of the program is employee Darrel L. Harman, Golf Course
Manager. Mr. Harman received his Certificate of Completion at the February 10, 1995
General Management Meeting.
Recommended Motion:
Congratulate and formally recognize Darrel L. Harman as having successfully met the
requirements of the City of Richfield and Normandale Community College Management
Certificate Program.
Basis for Recommendation:
1. This employee has successfully completed the seven required core courses and five
elective courses in the Management Certificate Program.
2. In the past the City Council has wished to take opportunities to recognize
achievement's of City staff, especially at a public forum such as the Council meeting.
Alternative Recommendation:
1. The recognition could be scheduled for a future meeting.
2. If the Council wishes, it could make no mention of this achievement at the meeting.
Discussion/Decision Mode:
Action on this item is suggested for February 13, 1995.
Resp ly submitted,
Jame . Prosser
City Manager
JDP:ds
0
I?
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