Loading...
08-01-88 agenda#� • CITY OF RICHFIELD, MINNESOTA Study Session Letter No. 18 August 1, 1988 Issue Statement: Charter Review of Nomination Petition Requirements Background: At the July 25, 1988 City Council meeting, the City Council directed staff to request Charter review of certain nomination petition requirements. The direction was the result of a comment by Larry Wozniczka, candidate for Ward Two. Mr. Wozniczka indicated that some of his nominating petition signatures had been ruled invalid. From the general discussion it appeared the signatures were invalid because of a Charter requirement unique to Richfield. That is not the case. State law requires that nomination petition signers be "eligible voters" (Minnesota Statutes 205.13). In this particular example, reported by Mr. Wozniczka, the petition signers had not voted during the last four calendar year • in any election and were, therefore, ruled invalid signators to the petition. The reason that these signatures were ruled invalid was that State Law requires removal of individuals from the voter registration list if they have not voted in any election during the four preceding calendar years. The removal of names from the registration list is not a local requirement, but rather a State Law requirement (Minnesota Statutes 201.171). The City Charter requires that the petition be signed by registered voters. While one could argue that all those eligible to vote are not necessarily registered voters, from a practical standpoint the City Charter requirement makes sense. If we were to have a less stringent requirement, we would be in the position of attempting to determine eligibility on some standards less widely accepted and established than State Statute requirements. Another practical problem is that the City would be in the position of attempting to determine eligibility to vote for each petition signator which would require significantly more time and effort than review of voter registration lists. Therefore, staff is not recommending that any changes be made to this particular requirement. It is also helpful to note that Mr. Wozniczka appeared to be addressing a separate issue. Specifically, Mr. Wozniczka's statement, copied verbatim, is attached. • That statement indicates that it may be helpful for the City Council to consider that filing for homestead exemption would serve as qualification for eligibility to vote. This does become • problemsome, since not every homestead the same criteria as registered voter. ?Vf i exemption signature meets Finally, a review of this issue by the City Attorney has indicated a separate problem. The City Charter requires that candidates for office be registered voters. State Statute does not make this requirement. The City Attorney is concerned that the City Charter requirement may not be supported if challenged in court. Therefore, it is recommended that this matter be referred to the Charter Commission. Alternative Recommendation: 1. Do not request Charter Commission to change requirements. Discussion /Decision Mode: This item has been placed on the August 1 Study Session agenda for council discussion. JDP /eja Respect ully submitted, Jam Prosser City Manager �J CITY OF RICHFIELD,.MINNESOTA Memorandum DATE: July 27, 1988 TO: James Prosser, City Manager FROM: Tom Ferber, City Clerk. SUBJECT: Comments of Mr. Wozniczka at the July 25, 1988 City Council Meeting regarding Voter Registration The following is a transcript of Mr. Wozniczka's comment: "I filed for council position in Ward 2 last week and there's a little matter that came up in that time that I think bears a little of your consideration. One of the signatures I had on there was for long time property owners and citizens of Richfield who_-s signature I had acquired and it was rejected because , apparently they had not voted in the last four years. I'd like the council to consider this: those people would have to annually renew their homestead exemption and I think that ought to be considered as a qualification to the meaning as registered voters in the City. So, I'd like the City Council to consider that and pass it on to whoever makes that sort of determination." Section 4.04 of the Richfield City Charter states: "Nomination by Petition. All candidates for elective office provided for by this charter shall be nominated by petition. The name of any registered voter of the City shall be printed upon the ballot as a candidate for an office whenever a petition signed by at least ten registered voters has been filed with the City Clerk in a candidate's behalf ......." As required by the Charter, the signatures on Mr. Wozniczka's filing petition (as were other candidate petitions) were checked against the City's voter registration files. The two signatures he referred to (husband & wife) were not in the file as registered voters. A search. of the Hennepin County computer file of registered voters was also done and verified this fact. Therefore, these signatures were declared invalid for the purpose of the nominating petition because they were not signatures of registered voters. The City Clerk informed Mr. Wozniczka of this fact and that his filing petition was deficient at that point since it did not now contain the minimum 10 signatures. Mr. Wozniczka subsequently obtained additional signatures prior to the filing deadline, thus obtaining the number required for filing. It should be noted that most candidates present signatures in • excess of the minimum of ten. One other candidate petition had a non - registered voter signature which was rejected. However, that candidate still exceeded the required number of valid signatures. James Prosser, July 27, 1988 Page 2 City Manager /-,"- 4� There are several reasons why a person may not be a registered voter (including personal choice). One method a person who was a; registered voter at one time may lose their current registration is failure to vote in an election during the four preceding years as required by state statute. This removal of registration is mandated by Minnesota Statute 201.171: "FAILURE TO VOTE; REGISTRATION REMOVED. After the close of each calendar year, the.county auditor shall remove the original and duplicate registration cards of any voter who has not voted during the four preceding calendar years in any election, including but not limited to a school district election where the permanent voter registration system is used.: Although not counted in an election, a late absentee ballot shall be considered a vote for the purpose of continuing registration. The county auditor shall also make the appropriate changes in the data base of the central registration system." An example of the delete report generated by Hennepin County in fulfilling the provisions of M.S. 201.171 is attached. Mr. Wozniczka's suggestion regarding a link between homesteading and voter registration is a matter for the State legislature to consider. Voter registration laws and procedures are dictated by Minnesota Statutes and the Secretary of State rules It should be noted that voter registration procedures in Minnesota are considered a model for other states. In my opinion, homestead status does not have any valid connection with voter registration nor qualification to sign a nominating petition. Statutory filing petitions (as opposed to Charter provisions) provide that petitions must be signed by "eligible voters" who maintain residence in the district. In reviewing this with other jurisdictions, the determination of an "eligible voter" can only be determined by whether the address as submitted is in the district. This makes it very difficult to determine if the person is.of legal voting age, whether the person actually did sign the petition (there is no signature to compare to as in the case of a voter registration card), or to verify if that person does live at the address stated. Similar wording in the Bloomington City Charter led to litigation regarding validity of signatures on a referendum petition (attached). They are now proposing a Charter revision to "Registered Voter" which will be on the ballot this fall. It is my recommendation that no change be made in tie City Charter regarding this matter. • TPF:njs Attachments n LJ MINNESOTA ELECTION LAWS — 1987 preparing the registration forms must be part of the job of appropriate agency employees. History: [1987 c 361 s III 201.17 MS 1957 [Repealed, 1959 c 675 art 13 s 1] 201.17 MS 1971 [Repealed, 1973 c 676 s 33] 201.171 FAILURE TO VOTE; REGISTRATION REMOVED. After the close of each calendar year, the county auditor shall remove the original and duplicate registration cards of any voter who has not voted during the four preceding calendar years in any election, including but not limited to a school district election where the permanent voter registration system is used. Although not counted in an election, a late absentee ballot shall be considered a vote for the purpose of continuing registration. The county auditor shall also make the appropri- ate changes in the data base of the central registration system. History: [1973 c 676 s 14, 1981 c 29 art 2 s 20; 1987 c 361 s 12] 201.18 MS 1957 [Repealed, 1959 c 675 art 13 s 1] 201.18 MS 1980 [Repealed, 1981 c 217 s 11 ] 201.19 MS 1957 [Repealed, 1959 c 675 art 13 s 1] 201.19 MS 1971 [Repealed, 1973 c 676 s 33] 201.191 MS 1957 [Repealed, 1959 c 675 art 13 s 1] 201.195 CHALLENGES. Subdivision 1. Petition; hearing. Upon petition filed with the county auditor, any voter registered within a county may challenge the eligibility or residence of any C other voter registered within that county. The petition shall state the grounds for challenge and be accompanied by an affidavit stating that the challenge is based on the challenger's personal knowledge. Within five days after receipt of the petition, the county auditor shall set a date for a hearing on the challenge and notify the challenger by mail. A copy of the petition and notice of the hearing shall be served on the challenged voter by the county auditor in the same manner as in a civil action. The hearing shall be held before the county-auditor or the auditor's designee who shall then make findings and affirm or dismiss the challenge. Subd. 2. Appeal. If a challenge is affirmed, the voter whose registration has been challenged may appeal the ruling to the secretary of state. The appeal shall be heard within five days but in any case before election day. Upon hearing the appeal the secretary of state shall affirm or reverse the ruling and shall give appropriate instruc- tions to the county auditor. Subd. 3. Hearing procedures. A hearing before the secretary of state shall be conducted as a contested case and determined in accordance with chapter 14. History: [1981 c 29 art 2 s 22; 1982 c 424 s 130, 1986 c 444] 201.20 MS 1957 [Repealed, 1959 c 675 art 13 s 1] 201.20 MS 1971 [Repealed, 1973 c 676 s 33] 201.21 MS 1957 [Repealed, 1959 c 675 art 13 s 1] 201.21 MS 1971 [Repealed, 1973 c 676 s 33] 201.211 COSTS. The office required to perform the functions and duties of this chapter shall bear t the costs incurred. If these functions and duties are delegated to another office, that office shall bear the costs. History: [1973 c 676 s 16; 1981 c 29 art 2 s 23] 201.22 MS 1957 [Repealed, 1959 c 675 art 13 s 11 45 ��. • 4468 4469 MUNICIPAL ELECTIONS 205.13 205.11 [Repealed, 1983 c 62 s 12] 205.11 MS 1957 [Repealed, 1959 c 675 art 13 s 11 each statutory city shall 205.12 MS 1957 [Repealed, 1959 c 675 art 13 s 1] �)vember in every even- 205.12 MS 1974 [Repealed, 1976 c 44 s 70] r city may, by ordinance y year, elect to hold the 205.121 NOMINATING PETITIONS; CITIES OF FIRST CLASS; SIGNATURES. a er each odd - numbered A nominating petition filed on behalf of a candidate for municipal office in a city o re that date provided for of the first class shall be signed by eligible voters who maintain residence in the election tall continue hold its district from which the candidate is to be elected. The number of signers shall equal sects i section. When a city 500, or two percent of the total number of individuals who voted in the municipality, r for the expiration ward, or other election district at the last preceding municipal general election, which - time when no municipal ever is greater. is extended until the date History: 1981 c 29 art 7 s 9 on If the change results election, the two 205.13 MS 1957 [Repealed, 1959 c 675 art 13 s 1] 'c'..ur years and the for a term of two 205.13 CANDIDATES, FILING. year election plan, the Subdivision 1. Affidavit of candidacy. Not more than eight nor less than six weeks nances regulating initial before the municipal primary, or before the municipal general election if there is no ening or lengthening the municipal primary, an individual who is eligible and desires to become a candidate for so as to conform as soon an office to be voted for at the election shall file an affidavit of candidacy with the subdivision 1. Whenever municipal clerk. The affidavit shall be in substantially the same form as that in section immediately shall notify 20413.06, subdivision 1. The municipal clerk shall also accept an application signed by tange of date. Thereafter not less than five voters and filed on behalf of an eligible voter in the municipality lay after the first Monday whom they desire to be a candidate, if service of a copy of the application has been it uny�he ordinance is made on the candidate and proof of service is endorsed on the application being filed. - Upon receipt of the proper filing fee, the clerk shall place the name of the candidate on the official ballot without partisan designation. ' c 337 s 3; 1976 c 44 s 5; Subd. 2. Notice of filing dates. At least two weeks before the first day to file affidavits of candidacy, the municipal clerk shall publish a notice stating the first and last dates on which affidavits of candidacy may be filed in the clerk's office and the closing time for filing on the last day for filing. The clerk shall post a similar notice at least ten days before the first day to file affidavits of candidacy. Subd. 3. Filing fees. Unless the charter of a city provides the amount of the fee for filing an application or affidavit of candidacy for city office, the filing fee for a municipal office is as follows: (a) In first class cities, $20; (b) In second and third class cities, $5; and (c) In fourth class cities and towns, $2. Id in a statutory or home Subd. 4. Petition in place of fees. A candidate for municipal office may file a ..ed by law or charter to petition in place of the filing fees specified in subdivision 3. The petition shall meet ng body of the city the requirements of section 204B.11, subdivision 2. o the voters in an Subd. 5. Nominating petition; cities of the first class. A nominating petition filed atumber of voters on behalf of a candidate for municipal office in a city of the first class shall be signed Imal election. A question by eligible voters who reside in the election district from which the candidate is to be or charter. The election elected. The number of signers shall be at least 500, or two percent of the total number t recent municipal general of individuals who voted in the municipality, ward, or other election district at the last ;lections shall be conduct- preceding municipal general election, whichever is greater. iinicipal general election. Subd. 6. Withdrawal. A candidate for a municipal elective office may withdraw I be held in statutory cities from the election by filing an affidavit of withdrawal with the municipal clerk by 12 Dies in elective city offices o'clock noon of the day after the last day for filing affidavits of candidacy. Thereafter, no candidate may file an affidavit of withdrawal. • s 6; 1 c 29 art 7 s 38; History: 1959 c 675 art 6 s 13; 1976 c 44 s 8, 1978 c 572 s 3; 1981 c 29 art 7 s 10, 1983c62s5; 1985c72s4 M� HN N AMBUN TO: Jim Prosser FROM: John Dean DATR: July 28, 1988 R8: Nominating Petitions At the Monday council meeting, Larry Wozniczka indicated to the council a concern which he had over the ,city requirement that persons signing nominating petitions be registered voters. This memorandum is intended to provide you and the council with an ex- planation of the current requirement, and possible changes which may be made consistent with state law. I. What do we currently require. section 4.04 of the city charter provides for nomination of candidates for elective office by nominating petition and requires that such petition be signed by "at least ten reg- istered voters." A registered voter is a person who has registered in accordance with Minnesota Statutes, Chapter 201, and who has not had his /her registration terminated by reason of not voting in any election during the past four years (Minn. Stat. 5201.171) or for any other reason which disqualifies the voter or the registration. Section 4.04 of the city charter sets out the form of the nominating petition and clearly indicates that the signers are registered voters I1. 'What o2tions are available for change. A. If the City had no charter, the process would be govern - ed by Minnesota Statutes 5205.13, subdivision 1, which provides for "an application signed by not lose than five voters and filed on behalf of an eligible voter." • The term "voter" is not defined; however► its meaning is probably more directly related to eligible 3oter than to registered voter. r� Memo to Jim Prosser July 28, 2988 Page 2 Re: Nominating Petitions B. Because the City does have a charter, it is free to es- tablish its own regulations concerning nominating peti- tions. It is free to limit nominators to registered or eligible voters, or to use some other criteria which may have no relationship to whether the nominator has voted or ever will vote in the city (such as, for exam- ple: resident). III. Practical considerations. The current requirement (registered voter) is an easy one to administer and also provides some protection for the candi- date. The City Clerk can easily and quickly check the voter registration lists to ascertain whether a signer is, in fact, registered to vote. The candidate can keep a running count on how many valid signatures are on the petition Likewise, a requirement such as residency would be'easy to verify. Water bills, homestead applications, voter registra- tion, telephone book, tax records and other sources could be used to verify residency. • "Eligible voter" status is somewhat more difficult to deter- mine and cannot readily be determined by information immedi- ately available to the City Clerk. Minnesota Statutes, Section 201.014 describes who is an eligible voter: 201.014 ELIGIBILITY TO VOTE. Subdivision 1. Requiresrents. Except as provided in subdivision 2, an individual who meets the following requirements at the time of an election is eligible to vote. The indi- vidual must: (a) Be 18 years of age or olden (b) Be a citizen of the United States; and (c) Maintain residence in Minnesota for 20 days immediately preceding the election. Subd. 2. Not eligible. The following individuals are not eligible to vote. Any individual: • (a) Convicted of treason or any felony whose civil rights have not been restored; Memo to Jim Prosser Re: Nominating Petitions • July 28, 1988 Page 3 (b) Under guardianship of the person; or (c) round by a court of law to be legally incompetent. Obviously, determining compliance with the letter of this section would impose significant additional burden on the City Clerk. However, I am informed that in some municipali- ties having this criteria the City Clerk's examination goes no further than determining residency. IV. Issue. The issue for the Charter Commission and the City Council is to what extent should participation in the nominating process be opened or restricted? Should anyone who is a resident be entitled to participate? Should only those who are eligible to vote be entitled to participate? Should only those eligi- ble voters who have also registered to vote be entitled to • participate? JBD :kjm 0055ME02.E14 CITY OF RICHFIELD, MINNESOTA • Study Session Letter No. 17 August 1, 1988 Issue Statement: Review of draft Request for Proposals for Legal Services Background: Attached is a draft Request for Proposal for Legal Services. Legal services included in the request are General Corporate and Prosecution services. The RFP was developed with the assistance of City staff and Hamline University law professor, Larry Bakken. Larry Bakken is also the Dean of the School of Administration for Hamline, and a Council Member for the City of Golden Valley. The RFP will be mailed to the following: - attorneys who have indicated an interest to provide legal services to the City of Richfield. -firms known to provide general cororate and prosecution services to other municipalities. -our current law firm, LeFevere, Lefler. -firms that have been suggested in the evaluation • forms mailed to City personnel and Council Members. Discussion /Decision Mode: This item will be placed on the study session agenda for August 1. Suggestions for changes and deletions to the Request for Proposal should be provided at that time. If the RFP is approved by the Council at the August 1 meeting, the request will be mailed to legal firms during the week of August 1. JDP /eja • Respectful y submitted, James Prosser City M ager SECTION I. REQUEST FOR PROPOSALS • DRAFT THREE 7/29/88 The City of Richfield is accepting proposals for legal services rendered to the City. Proposals will be received for two general areas of service: General Corporate Representation and Prosecution. Attached are the following: 1. A more detailed description of the services to be provided in each category. 2. An outline of proposal requirements. 3. A brief analysis of the legal services provided to the City over the past two years. A pre - proposal conference is scheduled for at Written questions may be submitted prior to the meeting by • In order to insure a fair review and selection process, firms submitting proposals are specifically requested not to make other contacts to the City staff or Council Members regarding these proposals. is SECTION II. INSTRUCTIONS TO PROPOSERS A. All legal firms may submit a proposal to provide one or both the legal services. However, if a firm wishes to submit a proposal for both legal services, they must do so separately. B. A single proposal addressing more than one service will not be accepted. C. Proposals should be submitted to James D. Prosser, City Manager, City of Richfield. Proposals must be received no later than 4:30 p.m. D. All proposals submitted must provide information as indicated in this request. 1 �7 0 • � %� SECTION III. REQUIRED CONTENTS FOR PROPOSALS A. Identify each attorney and support personnel who will be supplying services for which the City will be billed. B. For each person identified, please state (1) their relevant academic training and degrees; (2) a description of their prior experience in the areas covered by your proposal and an estimate of the hours or percentage of their work in those areas during the past four years; (3) other background or experience which may be helpful in evaluating your proposal. (Background or experience in the areas of municipal law, zoning, general and public contracting, eminent domain, real estate, labor and municipally related litigation will be of special interest in evaluating proposals.) C. A description of the proposed allocation of work between the attorney(s) and support personnel identified (i.e., who will be the lead attorney and what work will be handled by junior partners, associates or paralegals). D. A statement of which of the areas of legal services listed in the request for proposals is covered by your proposal. E. Your proposal for the dollar amount of fixed and /or hourly fees and costs your firm will charge for providing the legal services to the City of Richfield covered by your proposal. For the hourly fees portion of your proposal, please identify the hourly rate of each attorney and support personnel. Also state separately the rate for any firm cost items to be billed (i.e., photocopying, Westlaw or Lexis fees, etc.) F. The names and telephone numbers of three client references, whom the City may contact. If your firm has represented any municipalities or governmental agencies during the last four years, state the name of that agency, and the name, title and telephone number of a reference at that agency whom the City may contact. If your firm has represented such an entity, but does not wish the City to contact that entity, list the name of the municipality or agency, and state your reasons why no contact is requested. G. The City of Richfield requests monthly billing statements which (1) itemize the date of services, (2) identifies the attorney and /or support personnel providing the services, (3) lists time spent, (4) 0 2 provides a detailed description of the services' . performed, and (5) states the fees for those services. If another billing format will be proposed, please describe that format and provide a sample. H. Current principal responsibilities for individual designated as lead attorney. I. A description of the method of charges for legal services. J. A description including organization and flowchart of the office organization and work process for your firm. SECTION IV. GENERAL CORPORATE LEGAL SERVICES DESCRIPTION The services required for general corporate matters include, but are not limited to the following: A. Attendance at all City Council meetings and other City or committee meetings as requested. B. Drafting of ordinances, resolutions and review of Council minutes.. • C. Codification of City ordinances on a current basis. D. Meeting with and advising City Manager, Department Heads, and designated individuals on general legal matters. E. Review of municipal contracts for public improvements, joint powers agreements, construction, purchase of equipment, etc. F. Representation of the City in the acquisition of properties for public improvements, easements, parks, etc. G. Representation of the city in condemnation proceedings for public improvements, redevelopment projects, etc. H. Representation of the City in labor negotiations, arbitration and in litigation involving same. I. Review of documents submitted by bond counsel involving the issuance of debt related instruments and provide opinions as required. J. Research and submission of legal opinions on municipal • or other legal matters. 3 K. Meeting with the City Manager at least once per month to review the status of all legal matters before the City and providing a monthly written status report on all current litigation and unresolved matters. L. Providing a legal briefing at least once every six months to the City staff regarding new or proposed legislation affecting municipal operations and activities. M. Providing on a periodic basis written updates on new state or federal legislation or judicial holding impacting upon the City, and suggested actions or changes in operations or procedures to assure compliance. N. Defend the City in all litigation, except in those cases where insurance companies are required to provide defense, including but not limited to: (1) Human Rights Claims; (2) Zoning, permits, administrative actions; (3) labor matters. 0. Represent City in workers' compensation matters. P. Review bonds and insurance requirements required by or for City contracts or activities. • Q. Attend commission meetings as requested by City Manager. SECTION V. PROSECUTION The services that are required for prosecution services include, but are not limited to the following: A. Prosecution of gross misdemeanor, misdemeanor and petty misdemeanor cases, including traffic violations, DWI cases, theft, and code violations. B. Drafting complaints representing the City at court appearances, including omnibus hearings, pretrial conferences, court and jury trials, and post- conviction hearings. C. Preparation of regular reports of prosecution activities and staff. D. Advise and consult with Health Administrator related to abatement of nuisances and other City code violations. E. Prepare and litigate lesser civil cases including • hazardous building actions and conciliation court matters. 4 F. Meet monthly with City Manager and /or Director of • Public Safety to review status of legal matters. 0 SECTION VI. PROPOSAL EVALUATION AND CONTRACT AWARD A. The City intends to award a contract to the proposer(s) evaluated to be best qualified to perform the work for the City, cost and other factors considered. B. Based upon the evaluation, the City Manager will recommend to the City Council the selection of firm(s) judged to be the most responsive and responsible proposer for each position. The actual selection of the firm(s) and contract awards will be made by the City Council. C. The City shall not be liable for any expenses incurred by the proposer including, but not limited to, expenses associated with the preparation of the proposal, attendance at interviews, preparation of a cost proposal or final contract negotiations. D. The City of Richfield reserves the right to reject any and all proposals or to request additional information from all proposers. SECTION VII. CONTRACT EXECUTION A. Contract Negotiations. Notwithstanding a contract award, the City reserves the right to negotiate the final terms and conditions of the contract to be executed. Should the City and the proposer(s) to whom the contract(s) is recommended to be awarded be unable to mutually agree upon the entire contract, the City reserves the right to discontinue negotiations, select another proposer or reject all the proposals. Upon completion of negotiations agreeable to the City and the proposer, a contract shall be executed. B. Contract Ethics 1. No elected official or employee of the City who exercises any responsibilities in the review, approval or implementation of the proposal or contract shall participate in any decisions which affects his or her direct or indirect personal or financial interest. 5 ��I'/' 2. It is a breach of ethical standards for any person • to offer, give or agree to give any City employee or Council Member, or for any City employee or Council Member to solicit, demand, accept, or agree to accept from another person or firm, a gratuity or an offer of employment whenever a reasonably prudent person would conclude that such consideration was motivated by an individual, group or corporate desire to obtain special, preferential, or more favorable treatment than is normally accorded to the general public. 3. The firm(s) shall not assign any interest in this contract and shall not transfer any interest in the same without the prior written consent of the City. 4. The firm shall not accept any client or project which places it in a conflict of interest with its representation of the City of Richfield. If such a conflict of interest is subsequently discovered, the City shall be promptly notified. The firm and its members shall at all times comport their representation of the City with the Code of Professional Responsibility. 5. The City requires affirmative action, and therefore, the firm(s) selected shall not discriminate under • the contract against any person in accordance with federal, state or local regulation. SECTION VIII. CITY INFORMATION A. City Organization The City of Richfield was incorporated in as a statutory, Plan A city. It has a Council /Manager form of government. The City provides a full array of municipal services and general administrative functions. 1. City Council. The Richfield City Council is the final review and approval authority regarding all contracts, payments, plans, improvements, policies, procedures, and other business of the City. The City Council, composed of four members and the Mayor, is the legislative and policy making body of the City. The Mayor, who presides over the City Council meetings, is elected at large for a three - year term. One Council Member is elected at large, and three represent Wards. Council Members and the Mayor are elected for four -year terms. M • 0 Set forth in the following table is information pertaining to the City Council: 2. City Manager. The City Manager reviews and coordinates all matters coming before the City Council. He is responsible for the implementation of Council direction and the coordination and management of City departments on a daily basis. 3. City Staff. The City Manager implements Council direction through the department heads of five City departments. For this proposal, the primary departments are Administration and Public Safety. These department heads shall act as liaison to the contracted firms. 7 17 Term Expires Mayor Steve Quam December 31, 1990 Council Member Edwina Garcia December 31, 1988 Council Member Martin Kirsch December 3.1, 1988 Council Member Ivan Ludeman December 31, 1988 Council Member Michael Sandahl December 31, 1990 2. City Manager. The City Manager reviews and coordinates all matters coming before the City Council. He is responsible for the implementation of Council direction and the coordination and management of City departments on a daily basis. 3. City Staff. The City Manager implements Council direction through the department heads of five City departments. For this proposal, the primary departments are Administration and Public Safety. These department heads shall act as liaison to the contracted firms. 7 17 El CITY OF RICHFIELD, MINNESOTA • Study Session Letter No. 16 August 1, 1988 Issue Statement: Background on modification of proposed development at 6945 Penn Avenue South from a use exclusively for dental offices to general office use. Background: In 1987, Dr. Donald Johnson submitted a plan for the construction of a 3,800 square foot dental office complex on the vacant land at 6945 Penn Avenue. The City Council approved the rezoning to C -1, limited business district. The HRA agreed to take title from Hennepin County and sell it, at cost, to Dr. Johnson. The City has held up the publication of the rezoning until such time as the developers agreement is signed with the HRA, in order to control the development of this property if the project is not carried forward. Similarly, the HRA will not take title until soil tests, which will be paid for by Dr. Johnson, give the HRA satisfactory assurance that no hazardous wastes are present. • In order to placate the neighbors at earlier public hearings, Dr. Johnson offered to restrict the property, by covenant in the deed, to dental office use exclusively . Dr. Johnson has indicated that lenders are not willing to finance a development with such a tight restriction and is now requesting that other professional and general office uses be permitted. He proposes to retain the same building and site layout as was approved previously for the three dental offices. A copy of Dr. Johnson's letter stating his concerns and request is attached to this report. Due to the history of neighborhood concern as to the uses for this property, this proposal for permitted use modification of the property was presented to the Planning Commission in June. Although several neighbors expressed their concern, the Planning Commission did not recommend reconsideration of the zoning. A final draft of the development agreement with Dr. Johnson is scheduled to be presented to the HRA on August 15, 1988. The neighbors will be notified of this meeting and given an opportunity to express their concern with the change in the proposed development before the agreement is approved. Findings: 1. The HRA will consider the development agreement with Dr. Johnson. 2. The C -1 neighborhood business district permits professional offices. 3. The layout of the building, exterior design and the parking area will remain unchanged. 4. The number of parking spaces available on the site would limit the scope of office use at the site. 5. The applicant would be required to obtain an offstreet parking permit from the city. This would allow the city an opportunity to review the parking demand for the site. Decision Mode: This item is placed on the August 1 study session agenda for the City Council to discuss the change in use, and whether a public hearing to reconsider the previous rezoning to C -1, limited business district should be conducted. The HRA is scheduled to consider a development agreement with Dr. Johnson for the property at 6945 Penn Avenue on August 15, 1988. Mailed notices to the neighbors will be provided for that meeting. Published notice is not required. r JDP /eja • Respectfully submitted, James . Prosser City anager lr� r 4— %�- - W z W U Z 1 Z ,.1 W lL m } }- c W in W CC Cl co a m 0 a0. 0 0 a a a r 4— %�- - W z W U Z Cl _J Z ,.1 W lL m } }- c W in W CC Cl co a m 0 a0. 0 0 a a a ... -rr-r, 4— r r rr rr r rr r r r r r r rr r rr r r r rr r r r r r r r r r r r r r r r J PENN AVE. ..mss. �.a Pii•-- �J...:�*•J v. LU LLJ co 1 1 = • WW r•. I M% �� 1. ►�` �► moo■■• U"Lm ArY l�_, till '2Z I il��l�ll III I�' �^== =;,��' ••' Q �� f�;, s 1 � �. tom.; � � � • Y � �it� ��t i,, r . •� :� C&F, tiro• ' •� ! :•' ' ? C ri CFO fi Or J, -,-/� - 5 'poi; C G..e n oh jss• S d p I IN- t •ups , • : w y ' r•4U�i�l� • �I, r� ; �� 111 • A,\ 1 i4.lII�I' .fir �1 \I! �� 1. ►�` �► moo■■• U"Lm ArY l�_, till '2Z I il��l�ll III I�' �^== =;,��' ••' Q �� f�;, s 1 � �. tom.; � � � • Y � �it� ��t i,, r . •� :� C&F, tiro• ' •� ! :•' ' ? C ri CFO fi Or J, -,-/� - 5 'poi; C G..e n oh jss• S d p Zoning Map jd l 69 H ST W. - -- �i a z W X1.1 O O 70TH ST. - W. 70 1/2 ST. W. uj a z z W a W Cl W a z 0 W z == MULTIPLE RESIDENCE MR -2 Land Use Map vi W a z W W O 70TH ST. W. 70 1/2 ST. W. N . W Q z Z W 0. N W a W J O W Q 3 A MULTIPLE RESIDENCE MR -2 QUASI PUBLIC We Cater To. Donald A. Johnson, D.D.S. 6425 Nicollet Ave., Suite 342 Richfield, MN 55423 866 -2233 7Z)2AN' Mv. Palribora , I 'P6t Lo&*d +o dr&p rL a rzc +0 y Ut st cam, post +itm bIA +kt a041d6L at 4u 04M)741 j eo»�Pl ssi" h-\e e-h h� nK 14AAt. Z$, I q U . T wxdd 1; et +o brrn$ +o date CU A +o AisCass a, new dew opment As 6NK rQcat , M� or�aind pl"s eatA& -FO v �;h�Q - stay bail fh WN.LJd p� W DO S foot a - - 4)t Gtr" be oce red b n1 se�� a►�dl two offer olenfistS• The deSi v� amd O� *he b ll, ;I A rem& A u n (c`ha yyt ti vlG1,N C.i h ih rivy► Z ha�uc. pu4,- d PQr a,�+ent' �►e ry tct oNnd� h� -�o� �'� �'s si � )f no's cHnd +Oo � Ol �vY SrnGi�l�.t v e�-�Act hg abom � A --ter. y� o!r��U� . +wev►� • � -b o�Y me �. Cvyttin eat covhw��itmP�t' wQg w>>I�K � Ike )ehder h e we-OeY, flocs hAW r4A- 4y- �;rarcty� � ttl LA se (i.e. demo.► o -cep reset V CIA � a Their � d,c,coc�d for t'he b�,idcn dear n 8 i S +)ja� W i t%l vA0 r rnat 4"tA.r n D vtr o-T- w; � �e t; rn► �e.dl �s E >how i nd�ed �'ha�' -�'h�re Donald A. Johnson, D.D.S. •6425 Nicollet Ave., Suite 302 Richfield, MN 55423 W -2233 We Cater To m CO�i`la�C�►S CoWA evyl be l p*n� periods o�- vaca m t . -r a s, 0+ CouYse) woc-c-l.d Mea h loss &f re►)W i nc&� ap'A ?�ev,i;al �pYoble"s in Sat si6�n� the ►'tor} fie CD 1'Y+w►� tt W►ev1� . o+ these emerns , -t-he l e nc�r InA.s Y' u�sted that au� pra�essjaviQe and ererv�,e o -ffice use • +o broaden tt e QVai)Abi I 1p berm �t�edl � r ord eY n p-� YpS G�► VQ +ev10u�'1'S. I - j-6 4he -Firm loe l i e f of b +h Pende i aid ►�, se tf 1-hat n o re +ai,) o wt let u se- Of +tie r � +he lot"- IAXA w�u td be atlowQd u►�d er an, ei rCj4mS+4ne -&. • re55114 t'e oa.Q. +o Co�nato uc+ and A%linfabl a bw; dhr i-ha� i s cor�ra i blc w•.t+h }-s hPi�hborhv I Y\ bep i-V\ AYTC ) i ieci Arl paid use a Y, d o� e ma t h borhop�d omot m self Car) 1009 u)7&7" with neat pride. e� Will m c oust • w, sinceYe hoe +hAt +he. Gl t e �+ i s p r gear e L-1- se of bcu ld� , 1�e cause allow +his- �,�a-t- the lender will 4-110 wi-f'Ytdu�" -N'>; 5 a ecorr»od a# � w r +o h4- pm • the i v' Cori rn i +1 rr+e�t. �� 3-h � s Q e � n . � +h � s w1}hd� s ent a d�.fficKit geav, f d� 9 T . Cep Aafi Navin pinAnC� ettWd not be foAnd) e Comm t mfmt fi othev CAT . 901 c,i U�ouad N Kmab)e p owed �h�, pro je amd f1m Plannin � commiS5 011 y x'10 e -tom � i nd t •s to be G VW-S lab e re cscst Yr�PsmbeYs w roCeed immecuote)d- with cJdV1 e4,1- r C I T Y O F R I C H F I E L D, M I N N E S O T A C O M M U N I T Y D E V E L O P M E N T D E P A R T M E N T Item #1 Case #87 -RZ -1 Agenda of April 28, 1987 Planning Commission City of Richfield Issue Statement: Consideration of a request for a rezoning of property at 6941 -45 Penn Avenue. Background: Mr. Donald A. Johnson, a dentist, has requested that the city initiate a rezoning of the property at 6945 Penn Avenue from MR -' 2, multiple residence to C -1, limited business. The property is currently a vacant lot and Mr. Johnson wishes to construct a one story, 31800 square foot dental office on the site. He, and two other dentists would occupy the space. A preliminary site plan and perspective drawing of the proposed office building are attached for your information. This site was rezoned from single family residential to multifamily residential in 1977. Prior to that there existed a nonconforming plant, nursery, retail sales area on the corner. Since the 1977 rezoning action, the city has reviewed a number of different plans to develop a multifamily structure on the site and has approved a number of variances to allow development to occur on that site. None of these projects have been able to move forward. The property subsequently has become tax delinquent and is currently owned by the State of Minnesota /Hennepin County. The County is considering auctioning the property off through their normal tax sale process. The city's HRA, at one time, considered purchasing the property for a housing project, but decided not to proceed. City ordinances indicate that rezonings can be initiated in either of two ways. First, a rezoning can be initiated if a petition is submitted which contains the signatures of at least 50% of the owners of property and at least 50% of the property within-350 feet of the site to be rezoned. The second method provides that the City Council can initiate a rezoning. In this case Mr. Johnson does not own the property and it would be difficult to obtain the signature of the owner because it is owned by the State of Minnesota /Hennepin County. Mr. Johnson does not want to proceed with the acquisition of the property #1� ` i unless he knows that the property can be rezoned to allow him to develop the dental office on the site. For that reason Mr. • Johnson has asked that the City Council initiate the rezoning process. On March 23rd, the City Council initiated the rezoning process and referred the matter to the Planning commission for review and recommendation. Mr. Johnson has also requested that the city or the HRA purchase the property from the County. He would then purchase the property from the City or HRA. The city attorney's office has indicated that the city could not purchase the property and sell it to Mr. Johnson, but the HRA could. The HRA on March 16th indicated they are agreeable to purchasing the property if Mr. Johnson signs an agreement with the HRA in which he agrees to purchase the property from the HRA at cost. The advantage to Mr. Johnson in dealing with the HRA is that he does not have to bid at an auction for the property. According to state statutes, the HRA will have -to create a 2 parcel redevelopment project to do this. This has not been done yet. Also in accordance with state statutes the Planning Commission will have to review the purchase and disposition of the property by the HRA for conformance with the city's comprehensive plan. Recommendation: It is recommended that the Planning Commission recommend that the C City Council approve an ordinance to rezone the property at 6941- 45 Penn Avenue from MR -2, multiple residence to C -1, limited • business. It is further recommended that the Planning Commission pass the attached resolution finding the acquisition and disposition of the property by the HRA to be consistent with the city's comprehensive plan. Basis of Recommendation: - 1. This property is vacant and has been vacant for a number of years. The development of the site, as proposed, will add to the tax base of the city. 2. A number of proposed multifamily developments have failed for economic reasons. 3. The site is on Penn Avenue which is a heavily traveled arterial roadway which would also indicate that some intensification of use might be proper. 4. The proposal would be "spot zoning ". The site is not contiguous to another commercial zoning district. The site is currently zoned MR -2 which is also a "spot zone ". The type of development being proposed would be compatible with the { surrounding single family neighborhood if proper screening and buffering is provided. &t,/, - A� 5. The city's comprehensive plan indicates that the site should be developed as medium density buffer uses. The plan indicates that the existing MR -2 and the proposed C -1 are compatible zoning districts in the medium density buffer areas. The plan also indicates that principle uses should be single family residential, duplexes, and existing convenience commercial. Neither the proposed dental office nor an eight unit multifamily residence allowed under the existing zoning would be consistent with the principle uses listed in the plan. 6. Mr. Johnson has obtained signatures of a majority of the owners of the property within 300 feet of the site to be rezoned (see attached petition and map). Alternative Recommendation: The alternative recommendation would be to recommend denial of the re;oning request and to pass a resolution finding that the acquisition and disposition of the property by the HRA would not be consistent with the city's comprehensive plan. Decision Mode: A public hearing on this matter has been scheduled before the Planning Commission on April 28, 1987. Mailed notice of this hearing has been provided to property owners within 350 feet of the site. First reading consideration by the Council has been tentatively scheduled for May 11, 1987. Second reading and the Council public hearing has been tentatively scheduled for May 26, 1987. Respectfully submitted, RJ /jls • Rick Jopke City Planner RJ /jls • . tjT • CITY OF RICHFIELD, MINNESOTA Study Session Letter No. 15 Workshop August 1, 1988 Issue Statement: Discussion as to whether to amend the city code to prohibit the parking of utility trailers.in front and side yards. Background• w The Public Safety Department has received complaints of one or two instances where utility trailers have been parked for long periods of time (months) in the front of their home or in their side yards which has disturbed neighbors. The issues are: - Trailers of this nature can be unsightly. - City ordinances do not specifically address the issue. The ordinance regulates trailers, but is preceded by a discusssion on trucks and tractor trailers. The City Attorney is hesitant to interpret this section to include trailers of the nature under consideration. (Ref: City ord. 1320.03 attached.) • - City ordinance 1305.27, Subd. 5 Prohibits parking of motor vehicles in front yards except in driveways. Motor vehicles are defined as self propelled which excludes utility trailers. - City ordinance 1325 deals with recreational vehicles and they are restricted to parking in: a. Rear or side yard. b. Not closer than three (3) feet of a building. c. On an established driveway and not closer than twelve (12) feet of the curb line. d. Can be stored anywhere on a lot for not more than 48 hours. Recommendations: Staff is seeking Council direction on how to deal with this issue. Recommendation /Alternatives: While it does not appear that the problem is wide spread, it is demonstrated that uitility trailers parked in front yards is somewhat inconsistent with our other ordinances. • • The Council's options could be: - Do nothing as the issue at this time is isolated to a few areas. - Revise 1320.03 to include a definition of utility trailers which would prohibit them from parking anywhere for more than two hours. This course of action might be a little too restrictive since it could affect a large number of people. - Revise 1305.27 to include a definition of utility trailers, which would prohibit them from parking in front yards except in established driveways. This would help, but does not get them out of front yards. - Revise ordinance 1325 dealing with recreational vehicles to include a definition of utility trailers. This would require them to be parked in: a. Rear or side yard. b. Not closer than three (3) feet of any building. • C. In an established drive, but at least twelve (12) feet from the curb. d. Would allow them anywhere on the lot for up to 48 hours. e. Would also allow the council to grant variances. Alternative Recommendations: Direct staff to conduct research on the issue - such as: - Review other communities ordinances. - Work with City Attorney on a "Richfield" ordinance. - Continue to evaluate the problem. Discussion /Decision Mode: This item has been placed on the August 1 study session agenda for discussion purposes. R e_ fully Submitted mes D. Prosser, ty Manager JDP:eja C] Richfield City Code . Section 1320. Parking: outside storage. 1320.01 1320.01. Declaration of .nuisance. The outside parking or outside storage, on or near residence district properties, or vehicles, materials, supplies or equipment not customarily used or needed for use in connection with the occupan- cy of residential property for residence purposes, is found to create a nuisance and detrimental influence upon the public health, safety, prosperity, good order and general welfare in such district, including obstruction of view on streets and on private properties, bringing unhealthful and noisome odors and materials into residential neighborhoods, creating a cluttered. and otherwise unsightly areas, preventing the full use of residential streets for residential parking, intgoducing commercial advertising signs into areas where commercial advertising signs are otherwise prohibited, and otherwise adversely affecting residential property values and neighborhood patterns. 1320.03. Unlawful parking. It is unlawful for any person owning, driving or in charge of a vehicle of any of the types hereinafter specified to cause or permit such vehicle to be parked or to stand continuously for more than two hdurs on any residence property or on any public street in the city. This prohibition applies to the following vehicles and other similar vehicles. (a) any bus designed to carry more than nine persons. (b) any motor truck or pickup truck having a capacity of one ton or more. • (c) any tractor, truck - tractor, truck - trailer or any type of trailer. 1320.05. Exceptions. This section does not apply to the following vehicles (a) a motor truck, pickup truck or similar vehicle being used by a public utility, moving company, or similar company, which - is actually being used to service a residence not belonging to or occupied by the operator of the vehicle; (b) a vehicle which is actually making a pickup or, delivery - at the loca- tion where it. is parked. Parking for any period of time beyond the period of time reasonably necessary to make such pickup or delivery and in excess of the two hour limit shall be unlawful; or (c) -Recreational vehicles and equipment. 1320.07. Unlawful storage: special permit. It is unlawful for a person owning, keeping, driving or in charge of any house trailer, mobile home, air- plane, construction or home- occupation machinery, equipment or supplies, or other machinery, equipment, supplies or materials not customarily used or needed in connection with the occupancy of residential property for residence purposes, to cause or permit the same to be stored outside of a building on any residen- tial zoning district property for a total of more than 30 days during any calendar year without first obtaining a permit to do so in accordance with this section. 0 CITY OF RICHFIELD, MINNESOTA • Study Session Letter No. 14 Workshop, August 1, 1988 Issue Statement: Discussion relating to parking of Tractor trailers in public, school and private parking lots throughout the community. Background: Currently, several tractor trailers are parking in City, school and privately owned parking lots. Several citizens have complained about this to Public Safety. However, the current ordinance lacks specificity to deal with the issue: - Section 1320.03 of the City Code says in substance that vehicles of this nature cannot park for more than two hours on any street or residence property. Section 1320.05 provides for exceptions to 1320.03, which seem reasonable. The real issue is not the two hour limitation, or trucks on public streets, but is instead: - The current city ordinance does not address the parking of • trucks on public and private property. - Trucks /trailers are parking in these locations overnight and on weekends. In other words, these parking lots are being used to store trucks /trailers. Recommendation: Although no formal action need be taken at this time, staff is seeking council direction on how this issue might be addressed. Options: The following options are available: 1. Preparation of an ordinance amendment which would include private, City owned and school district owned parking lots in the definition of the current ordinance. This would then restrict parking to a maximum of two hours. 2. Preparation of an ordinance that gives Public Safety the authority to enforce laws on non -City owned property provided an agreement is signed between the owner of the property and the City. The owner of the property, however, would still have to initiate what they want enforced and post it. They would also have to assume liability (i.e., unpaid towing expenses, etc.). • 3. Do nothing. Leave the ordinance as is; as the problem, at least at this time, is not significant enough to warrant an ordinance change. Alternative Recommendations: None. Discussion /Decision Mode: At the August 1 study session, whether an ordinance limiting and public parking lots should JDP /eja the City Council should discuss truck /trailer parking in private be prepared. iul ly submitted, i� mes D. Prosser ty Manager . i Richfield City Code 1305.17 1305.17. Manner of parking. Subdivision 1. General rule. The driver of a vehicle intended to park at the curb or any street or highway, at a place about to be vacated by another vehicle, shall stop back of such parking space and wait until said vehicle has vacated the parking space. The person desiring to park shall then move his vehicle to a place immediately in front of the parking space and back into it and the driver of any other vehicle approaching from the rear shall yield the right-of-way to that person. In case there is no one in posi- tion immediately in front of the empty parking space who is prepared to back into it, the driver of an approaching vehicle may head into the parking space without backing, provided the parking space is large enough .to permit such maneuver. Subd. 2. Vehicles backed to the curb: loading and unloading. No vehicle shall be backed to the curb in the commercial zones to load or unload, except by permit from the director of public safety. Vehicles used for the transportation of merchandise or materials may back into the curb to take on or discharge loads when the owner of such vehicle holds a permit granting him such privilege. Such permit shall be either in the possession of the driver or on the vehicle itself at the time such vehicle is backed against the curb. Violation of any special terms or conditions contained in the permit a violation of this subsection. 1305.19. Display of vehicles for sale. It is unlawful to park or place any vehicle on a street or highway or on any private parking lot in order to display such vehicle for sale or exchange., vehicle is deemed to be displayed in violation of this section when found standing on any street or highway, or private parking lot, and bearing any sign or notice indicating that it is for sale or exchange. 1305.21. Maintenance and repairs. Except in the case of emergency, no person shall wash, grease, repair or. otherwise perform maintenance work upon any vehicle when such vehicle is located on any street or highway. 1305.23. Tampering with parked vehicles. No person may tamper with, molest, damage or set in motion any vehicle standing on any street or highway without the consent of the owner or driver of such vehicle. If the city manager finds it necessary, for purposes of facilitating street maintenance operations, to move any such vehicle, he may do so to the extent necessary to facilitate such operations. 1305.25. Specific .regulations: illegal Barking and stopping. No person may ` stop, stand or park a vehicle, whether attended or unattended, except when necessary to avoid conflict with other traffic or in compliance with the di- rections of a police officer or traffic control device in any of the following places: (a) on a sidewalk or boulevard between sidewalk and roadway; (b) in front of a public or private driveway or alley or within five feet of the intersection of any public or private driveway or alley with any street or highway; • (C) within an intersection; Richfield City Code 1305.25, (d) (d) within ten feet of a fire hydrant; provided that this does not prevent the parking or taxicabs in taxicab stands established by the council within ten feet in either direction.of a fire hydrant; (e) on a crosswalk; (f) within 20 feet of a crosswalk at any intersection; (g) within 30 feet upon the approach of any flashing school signal, stop sign, traffic - control signal or school sign at the side of a roadway; (h) between a safety zone and the adjacent curb or within 30 feet of points on the curb immediately opposite the ends of a safety zone, unless a different length is indicated by signs or marking; (i) within a designated or marked bus stop;,. (j) within 50 feet of the nearest rail of a railroad crossing; ' (k) within 20 feet of the driveway entrance to any fire station and on the side of a street opposite the entrance of any fire station within 75 feet of said "entrance when properly sign posted; (1) alongside or opposite any'street excavation or obstruction when such stopping, standing or parking would obstruct traffic; • (m) along the curb side of street adjacent to any school property from 8:00 a.m. to 4:00 p.m. on days when school is in session; (n) on the roadway side of any vehicle p topped or parked at the edge or the curb of a street; (o) upon any bridge or approach or other elevated structure upon a street or highway or within a street or highway tunnel, except otherwise provided by ordinance; (p) at any place so as to block a fire escape or exit from any building; (q) at any place where temporary signs prohibit parking as long as such signs are in place; (r) on any public street or highway, at the same location, for more than 48 hours in succession; (s) on any public property, including parks, playgrounds and school grounds and including marked and improved parking areas on public property during times when parking in such parking areas is either prohibited or is otherwise limited by council resolution and such prohibition or limitation is conspicuously posted in the parking area; (t) upon the improved or traveled portion of any public alley except at • locations where such parking is permitted by official signs or markings; Richfield City Code 1305.25, (u) • (u) on any part of marked and improved parking areas on public property other than marked or lined parking spaces; and (v) in any area designated by the council and posted a a special no parking zone, provided, however, that this prohibition shall not apply to police vehicles, fire vehicles, ambulances and other emergency vehicles, or a vehicle which displays the certificate or insignia issued by the Minnesota department of public safety pursuant to Minnesota Statutes, sections 169.345 or 168.021. 1305.27. Additional prohibitions. Subdivision 1. Moving Parked vehicle. No person may move a vehicle not owned by such person into any prohibited area or away from a curb or side of street such distance as is unlawful. Subd. 2. Camping vehicles.. No person may for camping purposes leave or park a house trailer on or within the limits of any street or highway or on any street or highway right -of -way except where 'signs are erected designating the place as a camp site. Subd. 3. Police order. No person may stop or park a vehicle on a street or highway when directed or ordered to 'proceed by any peace officer invested by law with authority to direct, control or regulate traffic. Subd. 4. Handicapped parking. No person-may park, obstruct or occupy with a motor vehicle any parking space, on public or private property, designated and posted as parking for handicapped persons pursuant to the state building code • unless the vehicle has prominently displayed upon it an insignia or certificate issued by the division of motor vehicles in the state department of public safety pursuant to Minnesota Statutes, section 169.345(3). Subd. 5. Front yards. No person may park or place any motor vehicle in the front yard area of any lot within the city, except in established driveway areas as and parking areas permitted by this code; and locations where the parking and storage of recreational vehicles and equipment is permitted by this city zoning code. 1305.29. School safety patrolmen. The director of public safety may appoint school safety patrolmen, designated as such, who serve without compensation. Patrolmen shall be appointed from the student bodies of public and private schools within the -city. The director of public safety shall also designate the streets upon which school safety patrolmen have the power to regulate traffic. Patrolmen shall be subordinate to and shall obey all the orders of any regular municipal peace officer. No school safety patrolman shall function unless he is equipped with the proper "school stop" hand signal. Such patrolmen are au- thorized to regulate traffic of all kinds on designated streets when they are properly equipped and act within the terms of their appointments. -4 �___ f — i Richfield City Code 1325.01 Section 1325. Parking: recreational vehicles. 1325.01. Declaration of purpose. The standards established for recreational vehicles and equipment in this section are designed to regulate their storage and commercial use and to protect the 'health, safety and general welfare of the community. The standards are established to promote the safe use, storage and parking of recreational vehicles and equipment and to eliminate those conditions or misuses which are unsafe and cause deterioration of property and property values. 1325.03. Definitions. The term "recreational vehicles and equipment" means travel trailers, including those which telescope or fold down, chassis mounted campers, house cars, motor homes, tent trailers, slip -on campers, converted buses and converted vans: (a) Travel trailers, chassis mounted campers, house cars, motor homes, tent trailers, slip -on campers, converted buses, converted van and units that are designed and used for human living quarters and meeting the following qualifications: (1) are not used as the residence of the owner or occupant; (2) are used for temporary living quarters by the owner or occupant while engaged in recreational or vacation activities; (3) are self - propelled or towed on the public streets or highways incidental to such recreational or vacation activities. (b) Slip -on campers are mounted into a "pick -up truck in the pick -up box, either by bolting through the floor of the pick -up box or by firmly clamping to the side of the pick -up box. The term includes snowmobiles and snowmobile trailers, boats and boat trailers, and all terrain vehicles and all terrain vehicle trailers; the term does not include mobile homes or house trailers as defined in Minnesota Statutes, sec - tion 168.011, subdivision 8. 1325.05. Permitted uses. Subdivision 1. General rule. Recreational vehicles and equipment may be parked or stored in —a residential zoning district or in portions of planned unit development districts designated for residential uses < as follows: (a) on any rear or side yard of a lot except the side yard of a corner lot adjacent to the street. (b) not closer than three feet to any building or structure, including fences. (c) in an established driveway of a lot but not closer than three feet to any building or structure not beyond the lot line and not closer than 12 feet to the curb line of the street abutting an established driveway. Richfield City Code 1325.05, Subd. 2 Subd. 2. Loading. A recreational vehicle may be stored on a lot without regard to the location on the lot for the sole and express purpose of loading and unloading for a period not in excess of 48 hours. Subd. 3. Slide -in pickup campers. Unmounted slide -in pickup campers must be stored no higher than 20 inches above the ground and must be securely sup - ported at least at four corners by solid support blocks. 1325.07. Prohibited uses. A recreational vehicle may not be stored, parked or utilized in residential zoning district or in portions of planned unit develop - ment districts designated for residential uses as follows: (a) recreational vehicles and equipment shall not be used as a rpermanent residence; (b) a recreational vehicle which is in a state of externally visible disrepair or partial construction must be stored or parked in a rear or side yard but not closer than three feet to any building or structure and for not more than one year. 1325.09. Variances. The council may grant variances to the. late ;al provisions of this section in the same manner and subject to the same requirements that apply to variances granted under section 545 of the zoning code. • 1 a 0 _7� CITY OF RICHFIELD, MINNESOTA Study Session Letter No. 13 Agenda August 1, 1988 • Issue Statement: Consideration of Advance Refunding Bonds for Outstanding City Bond Issues. Background: On a regular basis the City examines outstanding bond issues to determine if it would be to the City's advantage to refund the issues. Refunding is advantageous under the following conditions: -The interest on outstanding bonds is greater than the current interest rate which can be obtained for refunding issues. -The net cost of issuance is less than potential savings on interest earnings. The cost of issuance includes bond consultant feets, legal expenses, printing, escrow charges and similar expenses. A review of our outstanding bond issues indicate that there are three issues with potential savings to the City. Recommendation: Approve refunding of three bond issues. Basis for Recommendation: • 1. The City will experience a net savings of approximately $164,189. 2. The auditors have encouraged the City to examine refunding possibilities. Alternative Recommendation: 1. The City Council could decide to postpone refunding to some later date. Federal law limits the number of times the City may refund bond issues to one time. If bond interest rates fall below their current levels, it may be more advantageous to refund those issues at a later date. Discussion /Decision Mode: It is recommended that the City Council review this information at the August Study Session so that this matter may be brought up before the City Council in a formal setting sometime during the next two months, if a decision is made to proceed with the bond sale. Respectf lly submitted, Jame Prosser City anager 0 JDP:sb CITY OF RICHFIELD Memorandum DATE: July 15, 1988 TO James Prosser, City Manager FROM: Steven Devich, Administrative Services Director SUBJECT: Proposed Costs of Refunding Bond Sale - The costs that would be associated with a refunding bond sale would be as follows: $8,100,000 Issue Size Service Approximate Cost Evenson -Dodge $34,000 Bond Counsel 12,000 Accounting Verification 3,000 • Escrow Agent Paying Agent & Registrar 5,000 39000 Moody's Rating Service 61000 Moody's Rating of Refunded Issues 29000 Printing & Mailing Offering 2,000 Printing Bonds 11000 Total $68,000 These approximations could be slightly overstated (by up to $5,000). SLD:sb i City of Richfield Analysis of Advance Refunding Opportunities Review STEP 1 - Review of Outstanding G.O. Debt Quick review of the outstanding issues of the City. The table of interest rate ranges indicates 5 issues which necessitate further analysis. These are: $6,100,000 G.O. Improvement Bonds of 1980 $825,000 G.O. Improvement Bonds of 1983 $5,005,000 G.O. Refunding Bonds of 1983 $6,265,000 G.O. Refunding Bonds of 1985 $1,940,000 G.O. Improvement Bonds of 1985 STEP 2 -- Selection of Refunding Candidates • The "Refunding Selector" model identified three issues which provide a favorable level of savings. These are: $6,100,000 G.O. Improvement Bonds of 1980 $825,000 G.O. Improvement Bonds of 1983 $6,100,000 G.O. Improvement Bonds of 1980 STEP 3 -- Issue Structuring and Savings Analysis The three issues provide savings as follows: Total Savings 254,256 PV Savings 164,189 Avg. Annual 14,460 • r� U CITY OF RICHFIELD, MINNESOTA Study Session Letter No. 12 Agenda August 1, 1988 Issue Statement: Presentation of the City of Richfield Comprehensive Annual Financial Report (CAFR) for the Fiscal Year Ended December 31, 1987. Background: The City's auditing firm of Deloitte, Haskins and Sells completed the audit of the City's fiscal year ending December 31, 1987 late in the month of June. The Comprehensive Annual Financial Report (CAFR) was subsequently submitted to the State of Minnesota as required and to the Government Finance Officers Association for a compliance review. This review becomes the basis for the awards program which the City has been a recipient of during the past several years. During the Study Session, representatives from Deloitte, Haskins and Sells will make a detailed presentation of the financial report to the City Council. This information will be presented in an informal discussion format and will precede the official presentation of the CAFR to the City Council on August 8, 1988. Recommendation: It is recommended that the City Council discuss and review the Comprehensive Annual Financial Report for the City for the year ending December 31, 1987. Basis for Recommendation: 1. The City's auditor has performed an audit of the City's financial records for the year ending December 31, 1987. 2. The auditor is making an informal presentation to the City Council concerning internal controls and legal compliance prior to the official presentation of the CAFR to the City Council at the next City Council meeting. Alternative Recommendation: None._ Discussion /Decision Mode: Discussion at the Study Session is desirable prior to the official presentation of the CAFR to the City Council at a formal council meeting. Respectfully submitted, 1-T Jamel D. Prosser City Manager 0 JDP:sae I` i � j CITY OF RICHFIELD, MINNESOTA Study Session No. 11 _ Agenda August 1, 1988 Issue Statement: Discussion of storm system study. Background: In late July, 1987 an unprecedented amount of rain fell on the City of Richfield. Because of flooding problems experienced in certain sections of the City, the City entered into agreement with Orr- Schelen Mayeron & Associates, Inc. for purposes of studying the City's storm sewer system. Based on information collected during and immediately after the 1987 storm and the result of a postcard questionnaire mailed city wide, 40 sites were identified as having had structural inundation during the 1987 storm. Each site was surveyed. Data was entered into a computer program which hypothetically simulates or "models" various possible situations. Once the details of the problem or potential problems were identified, potential solutions were examined. Additional information was gathered at a May 24, 1988 public meeting hosted by the Community Services Advisory Commission. Copies of the report were made available to members of the Commission and the City Council in May of 1988. The Commission had been directed by the city council to consider improvements up to the 1% chance of occurrence with the exception of the Wilson Pond area. Having reviewed and discussed the information then available, the Commission established targets: - Benefit /cost ratio for the improvement project must be greater than 1. - Projects considered for funding must be within areas where structural damage is likely to occur for rainfall events with a 2% or greater chance of occurrence. - Flooding must take place for rainfall events having a greater than 2% chance or occurrence. - Improvements should be constructed on public property. - Improvements should be funded through the storm sewer utility. - City should provide technical expertise and education to residents in areas not meeting these criteria. - City may reasonably support improvements with a total cost ranging from $500,000 to 1 million dollars. I The consultant and city staff reviewed the 40 identified sites, • their problems and potential solutions. • Based on the criteria outlined by the Commission, a priority listing for improvements was created. This listing, a copy of which is attached, was presented to and reviewed by the Community Services Commission on July 12, 1988. After considerable discussion, the Commission members present voted unanimously to recommend the City Council authorize the following improvements which are in the estimated to cost $161,000: Priority Ranking Site Location 1 A -1 Alley east of Xerxes south of 66th Street 2 L' -38 Intersection of Bloomington and 70th Street 3 H -8 Monroe Park 4 T -20 Stevens Avenue and 68th Street 5 P -16 Colfax Avenue and 77 -1/2 Street 6 0' -41 69th Street and 70th Street and Penn Avenue 7 C' -29 66th Street and Fourth Avenue 8 N' -40 66th Street and Newton Avenue It should be noted that two of the six Commission members voting also would have recommended improvement at Priority Ranking 9, Site B -2, an alley east of Xerxes Avenue, south of 69th Street. This improvement, in the amount of $430,000, would bring the estimated cost to $591,000. The Commission also unanimously recommended the City Council authorize a maximum of $30,000 for technical expertise and assistance to be provided to Richfield residents upon request if the property owners wish to increase their level of protection at their own expense. Recommended Motion: No action is required at this time. Basis of Recommendation: This is a study session for purposes of discussion. Members of the city staff, the consultant team from Orr - Schelen - Mayeron & Associates, Inc. and the Community Services Advisory Commission will be attending the August 1, 1988 City Council study session. Alternative Recommendation: 1. Do not discuss the storm sewer system study report in a study session but schedule it for discussion at a regular City Council meeting. 2. Do not discuss the report at this time, but schedule it for a future City Council study session. Discussion /Decision Mode: • If improvements are to be made to the City's storm sewer system, it would be advantageous to provide sufficient time for: 1. Considering any improvements at a regular city council meeting. 2. The funding process through the budget considerations. 3. Planning for construction. Therefore, this discussion of the background and results of the storm sewer system study has been scheduled for the August 1, 1988 City Council study session. JDP:sae • Respectfully submitted, James D Prosser City Manager Orr • 8drciett A br- 2021 East Hennepin Avenue Minneapolis, MN 6"13 • 612.331 -8660 M E M O R A N D U M FAX 331 -3806 &'veers Surveyors 70: Community Services Commission, Engineering Department miners City of Richfield FROM: Peter R. Millen_ bring, P.E. Mark ZabelC� DATE: July 11, 1988 SUBJECT: PRIORITIZATION OF AREAS TO BE CONSIDERED FOR STORMWATER MANAGEMENT IMPROVEMENTS As a follow -up to our meeting on May 26, 1988 with the Community Services Commission, we have prioritized areas to be considered for stormwater management improvements utilizing the criteria outlined by the Commission. Utilizing these criteria, to be considered for an improvement, a given problem area must meet the following considerations:. - Benefit /cost ratio for the improvement project must be greater than 1, or - Flooding must take place for rainfall events having a greater than 2% chance of occurrence. Improvements should be constructed on public property. . - Improvements should be funded through the storm sewer utility. - City should provide technical expertise and education to residents in areas not meeting these criteria. - City could reasonably support improvements with a total cost ranging from $500,000 to 1 million dollars. Based on the criteria given, the following study areas have been reviewed and listed in order of their priority. Priority I I (Benefit /Cost i Municipal Cost i Cummulative Ranking I Site I Location _ I Ratio I of Imarovemlent ( Munit:iDal Co i I A -1 (Alley east ofi 11.7 I $1,500 I =1,500 I (Xerxes south I I I I lof 66th. I I I Action: Raise the alley apron on Vincent Avenue to prevent runoff on Vincent Avenue from entering the alley. Jusitification: - Benefit /cost ratio is greater than 1 - Chance of occurrence is greater than the 2% level - Improvements to be made on public property - Total commutative cost is less than $500,000- 0 Page Two July 11, 1988 Priority I enefit Cost I I6 / Municipal Cost i Co wlative Ranking Site Location Ratio of Impro, vement Municipal Cost 2 ) L' -38 (Intersection I 7.5 I $2,000 ) $3,500 lof Blooming - l l l l (ton and 70th.1 l Action: Provide an overland overflow swale from the intersection of Bloomington Avenue and 70th Street to Christian Park Pond. This will allow excess runoff in the intersection to overflow to Christian ` Park, Pond and prevent it from backing up into building openings.. Justification: - Benefit /cost ratio is greater than 1 ` - Chance of occurrence is greater than the 2% lever - Improvement to be made on public property - Total cummulative cost is less than $500,000 Priority i i (Benefit /Cost ! Municipal Cost ( Cummulative Rankin-q Site Location Ratio of Improvement Municipal Cost 3 ! H -8 !Monroe Park ` 1.3 i $50,000 ' $53,500 { l I l l Action 1): Provide a restricted outlet for Monroe Park runoff. 2) Excavate soil to create approximately 1.0 acre feet of storage. 3) Construct a berm on the street near the inflow point to create a controlled - _ overland overflow structure. Justification: - Benefit /cost ratio is greater than 1 — Chance of occurrence is greater than the 2% level - Improvement to be made on public property - Total cumnulative cost is less than $500,000 Priority I I lBenefit /Cost I Municipal Cost ! Cumnulative Ranking Site Location Ratio of Improvement Munici al Cost 4 1 T -20 ISteven's and l 1.3 ( $9,000 l $62,500 68th 1 Action: Construct a berm to assure that street runoff accumulating on 68th cannot overflow the driveway high point and drain to the backyards. Justification: - Benefit /cost ratio is greater than 1 - Chance of occurrence is greater than the 2% level - Total cost is less than $500,000 Page Three July 11, 1988 Priority I I (Benefit /Cost I Municipal Cost I Cuwnulative Rankina I Site I Location I Ratio I of Improvement I Municipal Co 5 I P -16 (Colfax and 1 1.1 i $20,000 i $62,500 77 -1/2 Action: Construct a berm so as to assure runoff accumulated in the street will not overtop the curb and enter the low area west of Colfax and 77 -1/2. Said berm is to be constructed to an elevation at which other structures in the area do not become threatened by runoff stored in the street. Justification: - Benefit /cost ratio is greater than 1 - Chance of occurrence is greater than the 2% level - Total cost is less than $500,000 Note: This area may be redeveloped with the proposed ILN project. Priority I ( (Benefit /Cost I Municipal Cost ( Cummulative Ranking ( Site I Location I Ratio I of Improvement I Municipal Co 6 1 0' -41 169th and 70th1 0.5 1 $45,000 1 $127,500 land Penn Action: Construct a berm to elevation 135.5 to prevent water from Penn AvenDe from overtopping driveway aprons and entering backyards. Justification: - Chance of occurrence is less than the 2% level - Total cost is less than $500,000 Priority I I (Benefit /Cost I Municipal Cost I Cummulative Rankina I Site I Location I Ratio I of Improvement I Municipal Co 7 I C' -29 166th and 4th 1 0.4 1 $3,500 i $131,000 i I I I I Action: Construct an overland overflow swale to insure water collected in the street will flow to Milner Pond. Install restrictive catch basin grates to reduce the possibility of surcharge. Justification: - Chance of occurrence is greater than the 2% level - Total cost is less than =500,000 i • Page Four July 11, 1988 i Priority I I (Benefit /Cast I Municipal Cost l Cumulative Ranking I Site I Location I Ratio I of Improvement I Municipal Cost 8 1 N' -40 166th X Newton) 0.4 ( $30,000 I $161,000 Action: Construct a surface overflow basin in the backyard area to accommodate Newton Avenue overflow runoff. Justification: - Chance of occurrence of greater than the 2% level - Total cost is less than $500,000 Priority I I (Benefit /Cost I Municipal Cost I Cummulative Ranking I Site Location ( Ratio I of Improvement l Municipal Co 9 1 B -2 (Alley east oft 0.2 I $430,000 I $591,000 (Xerxes, southl i 1 Iof 69th Action: Construct a stormwater outlet pipe to Adam's Hill Pond. Justification: - Chance of occurrence is greater than the 2% level • - Total cost is less than 1 million dollars Priority I I (Benefit /Cost I Municipal Cost I Cummulative Ranking I Site I Location I Ratio I of Improvement I Municipal Cost 10 1 E -5 69th 6 Sheri -I 0.04 1 $260,000 ( $851,000 1 I dan, 70th I I 1 I land Russell I I I Action: Construct an overflow basin Justification: - Chance of occurrence is greater than the 2% level - Total cost is less than 1 million dollars Priority I .I l8enefit /Cost ( Municipal Cost ( Cummulative Ranking I Site I Location 1 Ratio 1 of Improvement ( Municipal Cost 11 I X -24 168th 6 I 0.04 ( $300,000 $1,151,000 $Columbus i i I Action: Construct a separate stormsewer outlet pipe to Legion Lake Justification: - Chance of occurrence is greater than the 2% level - Not justified as project does not comply with outlined criteria due to total costs exceeding 1 million dollars Page 5 July 11, 1988 Priority I I (Benefit /Cost I Municipal Cost I Cumulative Rankine I Site I Location I Ratio I of Imarovement I Nunicioal Co 12 1 N -14 �Lakefield 1 0.03 1 $432,000 i $1,583,000 1 Action: Construct a positive outlet as part of the reconstruction of I -35W/ Crosstown. Justification: Not justified at present time as project does not comply with outlined criteria. The following areas exceed the outlined criteria and are not proposed for improvements by Richfield but consideration may be given to provide technical expertise and assistance to the property owners involved if they wish to increase their level of protection at their own expense. SITE N0. LOCATION U -22 65th and Grand and Pleasant W-43/44 Alley west of Penn, north of 67th G` -33 72nd and Sheridan • W-39 63rd and 14th M -13 I35W and 76th G -7 Morgan, Logan, Newton, south of 69th 0 -15 Humbolt, south of 75th I -9 Newton, Oliver and 68th The estimated cost to provide technical assistance is $30,000. This would provide for all such assistance as may be required. PRW /MZ:alr N -n o m O Z O z = m < n * co) m m m < .o a 3 � N V m m n -1 <O 3 O m �o m N = dZ W co) z m W�� r n O z O m N (- `• [ r Zt t I I f O. -. D-i�►M i EA S� r NWIL -1D )[ _,[ XERXES AVE. WASHBURN VINCENT UPTON THOMAS SHERIDAN r c_ `._:_ :__: -� I RUS L IIQUEEN _ i_ l[ � 1 pz �' J j p AVE. OLIVER NEWTON j - — -7--_ �1 �C MORGAN — z JAMES IRVING po JI LAKE JLlStt4REl —_ - -- — E-1 HUMBOLDT z _ .- - -- - -- rn I j [— )l J �, )E-�L - I[ —� l_._J] �I GIRARO Ll \ - Z �r _ - 1- .,. I lC - =: Z I wn z m C I 1[ o9 [-- IC___JE I >Z2. ONT s j m V D m"� EMERSON > n W 0 J M r m ' q = m . l DUPONT .� co rn COLFAX l J OJ i U J J A J W J N J J u 0 O b 0 p i i i 7 0 E_ » y s .? 7 O I !q Z p S �l uJ :� a_ Z;K 4 -i D i -41' -/ - (- `• [ r Zt t I I f O. -. D-i�►M i EA S� r NWIL -1D )[ _,[ XERXES AVE. WASHBURN VINCENT UPTON THOMAS SHERIDAN r c_ `._:_ :__: -� I RUS L IIQUEEN _ i_ l[ � 1 pz �' J j p AVE. OLIVER NEWTON j - — -7--_ �1 �C MORGAN — z JAMES IRVING po JI LAKE JLlStt4REl —_ - -- — E-1 HUMBOLDT z _ .- - -- - -- rn I j [— )l J �, )E-�L - I[ —� l_._J] �I GIRARO Ll \ - Z �r _ - 1- .,. I lC - =: Z I wn z m C I 1[ o9 [-- IC___JE I >Z2. ONT s j m V D m"� EMERSON > n 7 � M r m ' q = m . l DUPONT .� co rn COLFAX l BRYANT r ALDRICH � v '� i LYNOALE AVE. V m t�I I I �I I� I' I� - El E_ HARRIET I, I II _. [ 1[ 1C I ICII -t -- ONT s j m V EMERSON 7 � II DUPONT I, COLFAX l BRYANT r ALDRICH � I LYNOALE AVE. V GARFIELD El E_ HARRIET a� �o GRAND Z p S �l :� a_ Z;K PILLSBURY �� i I I II WENTWORTV BLAISDELL NICOLL�VE .._��_i —, I, STEVE13/ -.._. ------ - - -- ._._ , Ind -- i�lL -IC -- 41h PORTLAND AVE. - - - -- - )[ -., l_llrl I I� OAKLAND _ PARK I. COLUMBUS I- CHICA 10 th FrI 12 fit — i CA 31 h IT - 1 14th 7 l�T L _._ J L_ __ BLOOMINGTON --- 7 - -'1� - -- r - CEDAR AVE. = = -- _ - - -__ _ _-- - - - - -- - - Il I - -- -1 LONGFELLOW U A w -4 r 19 I h 1 J_ J �J S 7 O O 7 20Ih 21 of CC - r — -i 22nd L -.1 —__ -� I STANDISH . .1 w i u w w nAi s j m V 7 � -1 � a O r V mm m a� �o m Z m In z :� a_ Z;K N N ti 1 m o 7 l�T L _._ J L_ __ BLOOMINGTON --- 7 - -'1� - -- r - CEDAR AVE. = = -- _ - - -__ _ _-- - - - - -- - - Il I - -- -1 LONGFELLOW U A w -4 r 19 I h 1 J_ J �J S 7 O O 7 20Ih 21 of CC - r — -i 22nd L -.1 —__ -� I STANDISH . .1 w i u w w nAi s & i w i u w w nAi s & i 9 J N N J .=A N I,