08-24-87 agenda
CITY OF RICHFIELD, MINNESOTA
Council Letter No. 263
Agenda August 24, 1987
40 Issue Statement:
Award of Contract for Landscaping, Screenwall, Sidewalk and
Appurtenant Work in the ILN Redevelopment Area, City Project
Number 8372.
Background:
On Friday, August 14, 1987, bids were received from four
contractors in a formal bidding process. The bid minutes and
tabulation are attached for council review. Submittals included
a base bid and four alternates: 1) a deduct for using smaller
sized street trees and Black Hills Spruce, 2) a deduct for
reducing the height of the timber wall by 21, 3) a deduct to
substitute Techny Arborvitae shrubs for Miss Kim Lilac shrubs and
4) an add for a second coat of stain on all exposed wood surfaces
including timber wall and bollards. These plans were prepared by
BRW, Inc. and are consistent with the Stage 1 Plan..
The plans were subjected to extensive review. This is the model
for a landscape buffer which is contemplated for the west side of
Lyndale Avenue adjacent to 77th Street in the future. Everyone
is anxious for it to work well. Residents and business people
east of Lyndale Avenue and south of 76th Street were invited to a
meeting on June 10, 1987 at Emerson Avenue Congregational Church.
However, no business people were in attendance. The plan
received support from those at the meeting. Two property owners
had specific concerns which have been successfully addressed.
The occupants of 7638 Garfield Avenue have a greenhouse on the
south side of their property. The privacy of this space will be
protected by a row of evergreens adjacent to their property.
Also, the property at 7645 Harriet Avenue would be subjected to
the intrusion of headlights from vehicular traffic traveling east
on the loop street. The loop street connects Garfield and
Harriet Avenues. Evergreens will be planted in the front of this
property to minimize the impact of these lights.
The plan was also reviewed by representatives of all departments.
That is, representatives of Public Safety, Community Services, as
well as Administrative Services and Community Development. The
Community Services Department did not concur with the types of
plants selected because of the high cost to maintain areas
landscaped with small shrubbery. Consideration was given in the
design to safety issues, vehicular as well as pedestrian. Also,
the experience with plant materials in the LHN was of value.
Defining the details of the landscape plan was a difficult task,
aesthetics must be balanced against maintenance. On one side of
the issue is the need to provide an attractive landscaped area
which would also make the screen or soundwall more acceptable.
The other side of the issue is the need to maintain the
plantings. The Community Services Department, which will
maintain the area, continues to assert that there are too many
shrub type plants proposed in the plan. That Department would
prefer the planting of conifers or decidious trees.
The soundwall would be a twelve foot high barrier which will
reduce visual and noise intrusions from the commercial area to
the residential area. An irrigation system will also be
installed to help keep the grass, trees and shrubs healthy.
With the extensive review, the number of problems should be
minimal. However, staff is viewing the installation of this
buffer as a pilot model. If there are plant materials or
arrangements which are determined to be undesirable, they will be
eliminated and replaced, and not repeated when the buffer is
constructed west of Lyndale Avenue.
Initially, the contractor is responsible for maintenance. The
contractor must care and maintain the trees and shrubs for one
year from the date the work is completed. Care and maintenance
includes providing adequate soil moisture, tree wrapping, staking
and guying, mulch, rodent protection, insecticide and
installations of replacement plants. For the sod, the contractor
is responsible for the first 30 day growing period. Maintenance
includes watering and replacement of any sod which dies during
the 30 day period. When the contractor is no longer responsible
for maintenance, the city assumes the responsibility.
Maintenance of this area will be funded through a special
assessment levied against the nonresidential property in the area
south of 77th Street and east of Lyndale Avenue. Imposition of a
special assessment was contemplated in the approved ILN
redevelopment plan. Staff will be requesting the establishment
of an assessment district in the near future.
Recommended Motion:
Award a contract to Lino Lakes Nursery, Wyoming, MN, for
• Landscaping, Screenwall, Sidewalk and Appurtenant Work in the
amount of $128,933 which includes the base bid plus selected
alternate four.
Basis of Recommendation:
1. The bid by Lino Lake Nursery is the lowest responsible bid.
2. Funding for this work is available from the ILN tax increment
bonds of 1985.
Alternative Recommendation:
Council may choose to reject all bids and direct staff to obtain
new bids; however, the low bid is well within the engineer's
estimate of $143,337.
Discussion/Decision Mode:
The council may choose to delay award of this contract, keeping
in mind that the contract documents allow the bidders to withdraw
their bids 60 days after the bid opening. Construction is
scheduled to begin in early September.
Jaes ct 11 ubmitte.d,
DProsser
Manager
JDP/eja
•
•
C7
0
H
H
CD
0
ct
(D
Q
-+s
W
(O
C
H
CD
N
ct
CD
H
H
CD
W
CD
f
0
1.11
m
(O
W
7
CD
CD
H
W
O
co
H
CD
CD
!v
CD
O_
0
H
W
ct
(D
ct
W
0
(D
H
H
0
H
S
O
sv
3
0
z
N
O
H
W
6
W
a
N
N
H
co
O
o_
SS
w o
N --I)
c-t --t,
N• a
o v
O O
3
C7
z
W
?k a
* >v
H
W
I-•
N
a,
W
I
'OD
V,
J
O
2 S
W O W
(n -b H
rr -q O
W O
CD m
(O 7 :U
3
0
z
0
W
H
W
1-' {7)
.R D
N N
m
rn
W W
0
t
V
`^
0
co
D
r
t
D
r
--i
N
1
v
D
r
W
O
H
1
D
r
--I
n
v
W
O
z
0
i i
N N
J J
W W
N N
C) O
1 I
W W
W W
O O
+ +
N N
W W
O O
O O
W W
a2 a2
H
(D
0
N
N
0
7
t0
t3
P.
Q
N
CD
H
CD
N
C
6
3
W
ct
ct
CD
O.
CU
D
CL
H
CD
N
O.
t-?
O
c
a
H
CD
O
CD
7
ct
XCxIDWm--1
0HHl<-:7
xcctHl-•o
t• 0 O CD a
CD W O CD CD
W 1)i 7 (1)
H '0 1-- ?
0) W H tv D "c)
Iv t? CD t-- ::) CD
•• a1< h'O.H
C? •• W CD CT
0O 0H CD
OHU)CD (1)PI
a C0 (0- 0-
a - O 0
c W n- n
O S o O P.
Fr• O H 3 n fi
ct c a W `<
<< CJ) rn c ct
W>>`<0
C!) O CO, W I
CD (o W ct 3 CD
H O `< CD H
< R• CD D x
w CD v C))
0 S H CD CO
CD CD N• < CD
(n 0. O CD H
Q(01--
< O X
W CD -1'O CD
O. I-- CD 3 'O
CD 0 0 CD H
'0 ? 7 CD
a0ct(1)
CD I- CD
D 0 0 :3
ctWwc+
CU H o
0 :3 (0 ct
O 0 "
O ct' <
H O CD
O_ H
H.
O
N
ct
O
H
OJ ct 0 `0
WOOC
J 1? H
N H I? N
•• CD CD C
0 CL 0)
N CD 7
(A P. CT ct
c-r
o (D
CL- -1 O
< 3
(D O O H
H 70 a CD
cF CD 03 ?O
1-•• O (n C
(1) H.
CD A) -0 H
O_ D • (D
O. a
W 't) CD
O H CD O
(D H ct
OW cr (n
=r O_ CD
CD H O
N ? -b
O F,
-to 0;Q
-b C W (D
W O_ ct (n
0 •• << O
W 1•-
0) crC') c
t-+ W 1-• ct•
O_ (D P-
D (n H O
CD r. :3
* -t-
(1) O z
"o H :rx O
"O H O
CD r I-'
H.zO O
--? 3 I--
0 m0v1
OOO••
(1) C
Ci ct 0 CU
C 0
N Cn CD a
W O. CD
C IL
N CD ct ct
N ? r•
Ho 0
ct(a
\0H CtO
m0 3-t
J < CD
t
• CD c=T
a •o CD C CD
O H
ct'O D
(n O 0-
0 a
CD P-
t?•
I--o
ct -tN
`G ct
ct H
'0O'W
H (D Cl'
O W
(.,. a <
CD CD CD
0 CD
ct ct (n
W ct
z : W
-b
0(0
• -0
IE
wf
(n w
C) H
?• r
ct z
rn
-O 0)
H (n
O ct
cam.
(D Cn
0 r-
fi O_
CD
z
O H
a
'0
00 H
W O
J <
N CD
a
CD
7
cf'
N
C7
D t-t
C -I
-G
F-'O W
c F„
(n O. O
O ct -n
O 0
t-, "o ;0
DECD H
C)
? S
• \0(O H
O m
v r
v
r
LJ
O
a
w
(n
'U
"Tl
CD
H
N
• O
H
tD
H
0
Y -I ?k ?k
CO CD
v
C) w o O Dr
C7 W P. A C O O P 1-,•
P. ct O Y CS H ct ct O
ct l< cr 3 H (D CD O
`G CT CD N• CD CL H
C') i--+ H cr 0 D r
C7 F--' C O ct cr cr W W
O (D CD W CD Y :7 fi T.
C H c-r CZ 4-< W P- CD
D 3. H. P. ct <. Cn
0 7 < C cr (D
N• W T. (D O O tt 6
Y 7 C2 7 -t W
cr CD O CD Ir• C1
3 O O H CS (C]
CD C C) ct ct W C W
(D 7 W W CD W Y H (n
ct n 1-+ Y W H- ct CD
W CD 00 0 :3 CD W H
C1 C _ H CD
(O Yf ctO C1W
• c-1- W CD W z' W W C1
=F ct H Y (D ct CL
W W CD ct P-
ct, O (D ct < 7
:3 H H O CD O C)
cr (n CD O ct cr O
3 n W W W" a
CD ?W ctYH W a
W Y W • W"O C
CS < n < cr'O D
P. CD C CD ? (D W
Cl Y -I9 W cf
(n Q W 3 CD H `G
CD ct CD ct
Te CD CD W o O
O O CL Yn O CD
C W H <
Y < W 7 W H CD
C1 CD O CD C CD F?
H 0- C7 n O
CS N• H. (n fiU
CD -t > cr ct • a
P-0 (D H CD
ct (D ci' a W 7
W C2 CD (n 0 D ct-
cr 0- ct -b
c 0- W P- C11* 0
Y ?< F'• (n O CD W
W 7 7 H H
C'r m to CD
(D 7 cr C W CD 0
CZ (0 Y CT CZ X cr
r• W -B CL W O
W O 0 H.W3 H
O CD 77 c-r c-r W
C1 CD ct P. 7 co
H W (D O (C] `<
0 W 7 C1 O H
O D 77 r O
O to • CL 3W7
N H. W 7
H. C1 C1 O ZE
Cl O W
CD H 7 D r F-
H W O O W I-
CD (o cr ct K W
C1 P. CD n
Z) CD CT (n CD
W W ?O CD
ct 1.1 C CD (3 D
W O W O
cr D Y C2 cr
3 C 0 CD
CD a ct W W Q
tT -1 Y ct
A CD CD C) ct
C H C f :)7
to to fi 1- W CD
c O W (n
(n ::E rr cr
ct CD W CD
H Y C1
N CD
?r
r• W
Y ?
Y CD
? Y
H ?
Q
3 z
z C
H
(n
CD
H
N
N
O
O
i
Y
O
(3
v
N
3 Z
W O
'o Q
Y Y
CD CD
C:') z
H C
O H
< (n
CD CD
.. H
3
z
YM
W
v
4--
-i
CT
O
i
OD
N
fl N
W
1 1
N N
Y W
? W
N CT
N
O
ZE zr :E zr"
`< C P. `< C P. 03
O H 7 O H 7 H
a(n0 a(n0 d
r• CD P- CD 0
O H r O H r m
to ?< W (t7 ?< W X
x 77
CD CD
3 O 3 O
Z Z
Y Y co
N N A
(n
m
v v
w w W
W W H
0
t 1 D
Y %n r
w -1
w O
v W
O ^
i
v
1 i D
VI w r
O -1
O
?O ?O N
W ?
N ^
i
v
A
r
1 1 i 1 -4
W VI
Y 10
W W
N O \n G\
Fr r.
N +
O
H
i
D
r
+ + + + -1
U AD R
1-- O N N
4-- O O O ^
CD O O O +
v
1
d2 1 aR CIR 1 d2 O
z
0
H
r
z
m
W
(n
c-r
[n
W
O.
CD
H
E3
H
O
CD
3
(D
O
ct
(n
co
H.
Cl
W
U3
CD
N
I
W
• CITY OF RICHFIELD, MINNESOTA
Council Letter No. 2;2.
August 24, 1987 Agenda
Issue Statement:
Authorization to execute acquisition agreement for disposition of
city owned property at 6301 Portland Avenue to the HRA.
Background:
The HRA will be participating with South Hennepin Vocational
Technical School (Vo-Tech) in a house remodeling project for the
school year 1987-88. To initiate the Vo-Tech remodel project,
the HRA must provide a structure for relocation and remodeling.
In December of 1986, the HRA acquired the property at 6514 Irving
Avenue. The site was identified for a rehabilitation project and
cleared to accommodate the relocation of a structure. The city
owned structure at 6301 Portland Avenue has been identified for
the Irving Avenue site, and has been approved for relocation by
the inspection division. The HRA staff worked with Vo-Tech to
develop plans for remodeling. This letter describes past
activities regarding the Portland Avenue property, summarizes the
acquisition agreement with the Community Services Department, and
requires authorization to execute the acquisition agreement.
In 1986, the City Council authorized the Community Services
Department to acquire the property at 6301 Portland Avenue to
accommodate park expansion. The property is presently occupied,
but will be vacant by the end of August.
On August 17, 1987 the HRA authorized:
1) Execution of a rehabilitation contract with Vo-Tech for
1987-88, contingent upon utilization of the structure
presently located at 6301 Portland Avenue to be moved
to 6514 Irving Avenue.
2) Execution of an acquisition agreement for the structure
located at 6301 Portland Avenue.
The HRA staff has negotiated a purchase price of $4,000 with the
Community Services Department. This amount is consistent with
the amounts received by the city for other structures removed
from the Portland Avenue area. The major elements of the.
purchase agreement include:
-The HRA will remove the structure on or before October
31, 1987.
-The HRA will be responsible for removal of the foundation,
steps, sidewalks, driveway and garage.
-The HRA will fill and regrade excavation created by
removal of structure.
-Payment to the city by the HRA will occur within 10 days
following the closing of the house project being sold at
6820-12th Avenue, or no later than October 31, 1987.
is (Some of the proceeds of sale from this property will be
used to pay for the Portland Avenue house).
0 Recommended Motion:
Authorize the execution of the purchase agreement in the amount
of $4,000 for disposition of property located at 6301 Portland
Avenue to the HRA.
Basis for Recommendation:
1 Site must be cleared to accommodate park expansion
2) The HRA is in need of a structure to initiate the 1987-88
Vo-Tech project.
3) A purchase price of $4,000 has been negotiated and agreed
upon.
4) The HRA authorized execution of the purchase agreement on
August 17, 1987.
Alternative Recommendation:
Not authorize execution of the purchase agreement for 6301
Portland Avenue. This would require outside contracting by the
Community Services Department for the removal of the structure
and site clearance and delay the 1987-88 Vo-Tech remodel project
until an alternate structure was identified by the HRA.
Decision Mode:
A decision at the August 24th meeting would allow the 1987-88 Vo-
Tech remodel project to commence and ensure structure removal and
site clearance by October 31, 1987.
Respectf 1y JtJess D. Prosser
Manager
0
CITY OF RICHFIELD, MINNESOTA
Council Letter No.2?1
Agenda August 24, 1987
Issue Statement:
Consideration of cancellation of September, 1987 City Council
study session
Background:
Since the beginning of 1987, the City Council has held a study
session on the first Monday evening of each month. The first
Monday evening of September (7th) falls on the Labor Day holiday,
and no public meetings may be held. The City Council may wish to
hold a study session on Tuesday evening, September 8. However,
the first budget hearing is scheduled for Wednesday evening,
September 9, 1987. This item is brought before the council so
that Council Members may decide if they wish to cancel the
September study session. ,
Recommended Motion:
Cancel the September study session meeting.
Basis for Recommendation:
1. The date for the regularly scheduled study session falls on
40 a holiday.
2. The Council will also be meeting that week for a budget
hearing.
Alternative Recommendation:.
1. Do not cancel the study session, and hold it on Tuesday,
September 8.
2. Select another date in September for a study session.
Discussion/Decision Mode:
This item is placed on the August 24 council agenda so that if
the meeting is cancelled, proper notice can be provided.
Respectfully submitted,
mes D. Prosser
ity Manager
JDP/eja
•
CITY OF RICHFIELD, MINNESOTA
Council Letter No. 260
August 24, 1987 Agenda
Issue Statement:
Resolution calling a Public Hearing for a proposed Bond Issue
under Minnesota Statute Chapter 4,29 for the Academy of the Holy
Angels.
Background:
At the July 13, 1987 City Council Meeting the City Council
adopted a resolution approving the adequacy of an Academy of the
Holy Angels petition, authorized an execution of Memorandum of
Agreement between the Academy of The Holy Angels and the City of
Richfield, and ordered certain fire protection improvements.
This official City Council action was the result of long
negotiations between the City of Richfield and representatives of
the Academy of the Holy Angels and the Sisters of St. Joseph of
Carondelet for the installation of fire suppression equipment for
several school facilities. The fire suppression equipment
includes sprinklers, fire alarms, smoke detectors and other
improvements.
• In order to provide financing for this project, the City and the
Recommended Motion:
Adopt the attached resolution which sets a public hearing on the
proposed bond issue under Minnesota Statute Chapter 429 for the
Academy of The Holy Angels for September 14, 1987.
Academy of the Holy Angels utilized the provisions of Minnesota
Statute Chapter 429 which allows nonprofit corporations to
participate in such bond issues. In addition, the Internal
Revenue Code of 1986 requires that a public hearing be held on
proposed bond issues to be conducted by the City Council before
any action may be taken relative to that proposed bond issue.
Thus, the. action included herein is to satisfy the requirements
of the Internal Revenue Code.
Basis of Recommendation:
1. A recommendation by the City Attorney's office concerning
compliance with the Internal Revenue Code of 1986 and
Minnesota Statute Chapter 429.
Alternative Recommendation:
If the City Council is to proceed with the bond issue procedure
set in motion on July 13, 1987 it is necessary to hold this
public hearing prior to the sale and issuance of any bonds.
is
?l/- /
• Discussion/Decision Mode:
The City Council should take action on this item at the August
24, 1987 City Council meeting so that adequate time will be
available for published notice of the September 14, 1987 meeting.
Additionally, City Council should be aware that the public
hearing must be held before the City can take possession of the
proceeds of the bond sale to be held on August 24, 1987.
Respectfully submitted,
2
?
ity Manager
JDP/sae
?J
0
•
RESOLUTION NO.
RESOLUTION CALLING A PUBLIC HEARING
ON A PROPOSED BOND ISSUE UNDER
MINNESOTA STATUTES, CHAPTER 429
WHEREAS, the Academy of Holy Angles, a Minnesota non-profit corporation
(the "Company") has proposed that the City undertake to issue bonds to finance a
project under Minnesota Statutes, Chapter 429 (the "Act"); and
WHEREAS, the Internal Revenue Code of 1986 (the "Code"), as amended,
requires that a public hearing on the proposed bond issue be conducted by the
Council before any action may be taken by it relative to the proposed bond
issue:
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rich-
field:
1. The Council shall meet at 7:00 p.m. on Monday, September 14, 1987 to
conduct a public hearing on the proposed bond issue requested by the
Company and to take whatever action in relation thereto as it deems
appropriate.
2. The City Clerk is authorized and directed to publish notice of the
hearing in the form attached hereto as Exhibit A once in the official
is newspaper, not less than 14 days prior to September 14, 1987.
Passed by the City Council of the City of Richfield, Minnesota, this
day of , 1987.
John Hamilton, Mayor
Attest:
Thomas P. Ferber, Clerk
R3:0055REO1.F54
0
,s
EXTRACT OF MINUTES OF MEETING
OF THE CITY COUNCIL OF THE CITY
OF RICHFIELD, HENNEPIN COUNTY, MINNESOTA
Pursuant to due call and notice thereof a regular meeting of the City
Council of the City of Richfield, Hennepin County, Minnesota, was held at the
City Hall in said City on Monday, August 24, 1987, commencing at 7:00 o'clock
p.m.
The following members were present:
and the following were absent:
•
The following resolution was presented by Councilmember, , who
moved its adoption:
RESOLUTION NO.
RESOLUTION CALLING A PUBLIC HEARING
ON A PROPOSED BOND ISSUE UNDER
MINNESOTA STATUTES, CHAPTER 429
WHEREAS, the Academy of Holy Angles, a Minnesota non-profit corporation
(the "Company") has proposed that the City undertake to issue bonds to finance a
project under Minnesota Statutes, Chapter 429 (the "Act"); and
WHEREAS, the Internal Revenue Code of 1986 (the "Code"), as amended,
requires that a public hearing on the proposed bond issue be conducted by the
Council before any action may be taken by it relative to the proposed bond
issue:
• NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rich-
field:
' 1. The Council shall meet at 7:00 p.m. on Monday, September 14, 1987 to
• conduct a public hearing on the proposed bond issue requested by the
Company and to take whatever action in relation thereto as it deems
appropriate.
2. The City Clerk is authorized and directed to publish -notice of the
hearing in the form attached hereto as Exhibit A once in the official
newspaper, not less than 14 days prior to September 14, 1987.
The motion for the adoption of the foregoing resolution was duly seconded
by Councilmember and upon vote being taken thereon, the
following voted in favor of the motion:
and the following voted against:
• whereupon said resolution was declared duly passed and adopted.
0
#/?, "5--
• STATE OF MINNESOTA )
COUNTY OF HENNEPIN )
)
CITY OF RICHFIELD )
I, the undersigned, being the duly qualified and acting City Clerk of the
City of Richfield, Minnesota, do hereby certify that I have carefully compared
the attached and foregoing extract of minutes of a regular meeting of the City
Council of said City held on Monday, August 24, 1987, with the original thereof
on file in my office and the same is a full, true and correct copy thereof,
insofar as the same related to the setting of a public hearing on a portion of a
proposed issue of $1,080,000 General Obligation Improvement Bonds of 1987.
WITNESS My hand as such City Clerk and the corporate seal of the City this
day of , 1987.
r?
U
City Clerk
City of Richfield, Minnesota
(SEAL)
• Exhibit A
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN, that the City Council of the City of Richfield,
Minnesota (the "City") will meet in the Council chambers in the City Hall in the
City of Richfield at 7:00 p.m. on Monday, September 14, 1987, to conduct a
public hearing on a proposal that the City undertake to issue bonds (the
"Bonds") to finance a project pursuant to Minnesota Statutes, Chapter 429. The
project is proposed by The Academy of the Holy Angels, a Minnesota non-profit
corporation (the "Company"), and consists of the purchase and installation of a
fire suppression system in The Academy of Holy Angles School located at 6600
Nicollet Avenue in the City and owned by the Company. The total principal
amount of the proposed Bonds will not exceed $610,000. The Bonds shall be
general obligations of the City and shall be payable primarily from special
assessments pledged to the payment thereof. The full faith and credit of the
City has been irrevocably pledged for payment of the Bonds, and the City Council
has obligated itself to levy taxes on all of the taxable property in the City in
the event of any deficiency in special assessments pledged, which taxes may be
levied without limitation as to rate or amount.
All persons interested may appear and be heard at the time and place set
forth above, or may file written comments with the City Clerk prior to the date
• of the hearing set forth above.
BY ORDER OF THE CITY COUNCIL
/s/ Thomas P. Ferber
City Clerk
Dated: August 24, 1987
R3:0055REO1.F54
0
CITY OF RICHFIELD, MINNESOTA
Council Letter No. 259
August 24, 1987
Issue Statement:
Authorization to execute a joint cooperation agreement with
Hennepin County to continue participation in the Community
Development Block Grant program.
Background:
The Joint Cooperation,Agreement which the city executed in 1984
with Hennepin County and 43 other communities to continue the
Urban Hennepin County Community Development Block Grant program
expires on October 1, 1987. To continue the program it is
necessary to execute a new agreement to cover the next three
years.
The agreement is'for the federal fiscal years 1988, 1989 and
1990. The agreement is necessary for the county to qualify as an
urban county and participate in the program. An agreement is
also necessary to allow Richfield to continue to receive
approximately $175,000 a year from this program. If the city
elects not to execute this agreement, Richfield cannot
participate in the program for the next three years..
The agreement is similar to the agreement previously executed by
• the city in 1984. There are three changes:
1. The inclusion of the current administrative policy limiting
the number of activities to three per community per year.
This could pose some problems to Richfield in that the city
typically funds at least five projects each year. The limit
on the number of projects is an attempt by the county to
reduce their administrative costs. They indicate they have a
high number of projects to monitor and administer and that it
costs them as much to administer a small project as a large
project.
2. There will be a minimum project amount of $7,500. Based on
the current level of funding, this should not be a problem to
Richfield. If, however, the amounts Richfield receives
through the program are reduced substantially, this could be
a problem in the future. This is again a provision which is
being added to reduce the county's administrative cost.
3. The agreement includes a new provision for crediting program
income back to the community from which is originates for
reprogramming to eligible and fundable activities. This
provision is one which city staff would support.
Recommended Motion:
Adopt the resolution authorizing the Mayor and City Manager to
• execute the Joint Cooperation Agreement with Hennepin County to
continue participation in the Community Development Block Grant
Program.
•
•
Basis of Recommendation:
1. This is a very aluable program to the City of Richfield and
v
the execution of this agreement is necessary to continue our
participation in the program.
Alternative Recommendation:
The alternative recommendation would be to not eecute thext
agreement and to not participate in the program
three years.
Decision Mode: 1987
A decision on this hmatter is e county staffs hays iat the ndicatedgthat2if they do
council meeting. The county Au ust
not receive titCOofeRichfieldecannotdcogntinuentobparticipate in
the pro the City y
the program after the expiration of the current agreement on the
1st of October.
Respectfully submitted,
N
s D Prosser
C ty Manager
ffm
U
Contract No. 70489
JOINT COOPERATION AGREEMENT
THIS AGREEMENT made and entered into by and between the COUNTY OF
HENNEPIN, State of Minnesota, hereinafter referred to as "COUNTY," and the
CITY OF Richfield hereinafter referred to as "COOPERATING
UNIT," said parties to this Agreement each being governmental units of the
State of Minnesota, and is made pursuant to Minnesota Statutes, Section
471.59;
WITNESSETH;
COOPERATING UNIT and COUNTY agree that it is desirable and in the
interests of their citizens that COUNTY secure Community Development Block
Grant funds as an Urban. County within the provisions of the Act as herein
defined and, therefore, in consideration of the mutual covenants and promises
contained in this Agreement, the parties mutually agree to the following
terms and conditions.
I. DEFINITIONS
The definitions contained in 42 USC 5302 of the Act and 24 CFR Part
570.3 of the Regulations are incorporated herein by reference and made a part
• hereof, and the terms defined in this section have the meanings given them:
A. "The Act" means the Housing and Community Development Act of 1973,
Title 1 of Public Law 93, 383, as amended by the Housing and Commu-
nity Development Reconciliation Amendments of 1985, 42USC5301ET.SEQ.
B. "Regulations" means the rules and regulations promulgated pursuant
to the Act, including but not limited to 24 CFR Part 570.
C. "HUD" means the United States Department of Housing and Urban Devel-
opment.
0. "Cooperating Unit" means any city or town in Hennepin County which
has entered into a cooperation agreement which is identical to this
Agreement, as well as Hennepin County which is a party to each
Agreement.
E. "Statement of Objectives and Projected Use of Funds" means the docu-
ment bearing that title or similarly required statements or docu-
ments submitted to HUD for authorization to expend the entitlement
amount and which is developed by the COUNTY in conjunction with
COOPERATING UNITS as part of the Community Development Block Grant
Program.
0
• II. PURPOSE
The purpose of this Agreement is to authorize COUNTY and COOPERATING
UNIT to cooperate in undertaking, or assisting in undertaking, community
renewal and lower income housing activities, specifically urban renewal and
publicly assisted housing and authorizes COUNTY to carry out these and other
eligible activities which will be funded from annual Community Development
Block Grants from Fiscal Years 1988, 1989 and 1990.
III. AGREEMENT
A. The term of this Agreement is for a period commencing on the
effective date of October 1, 1987, and terminating no sooner than
the end of program year sixteen (XVI) covered by the Statement of
Objectives and the Projected Use of Funds for the basic grant amount
authorized by HUD subsequent to the effective date.
B. Notwithstanding any other provision of this Agreement, this.Agree-
ment shall be terminated at the end of the three-year program period
during which HUD withdraws its designation of COUNTY as an Urban
County under the Act.
C. This Agreement shall be executed by the appropriate officers of
COOPERATING UNIT and COUNTY pursuant to authority granted them by
their respective governing bodies, and a copy of the authorizing
resolution and executed Agreement shall be filed promptly by the
COOPERATING UNIT in the office of the Hennepin County Administrator,
•
and in no event.shall the Agreement be filed later than August 28,
1987.
IV. ACTIVITIES
COOPERATING UNIT agrees that awarded grant funds will be used to under-
take and carry out within the terms of this Agreement certain projects
involving one or more of the essential activities eligible for funding under
the Act. COUNTY agrees and will assist COOPERATING UNIT in the undertaking
of such essential activities by providing the services specified in this
Agreement. The parties mutually agree to comply with all applicable require-
ments of the Act and the Regulations and other relevant Federal and/or
Minnesota statutes or regulations in the use of basic grant amounts. Nothing
in this Article shall be construed to lessen or abrogate COUNTY's responsi-
bility to assume all obligations of an applicant under the Act, including the
development of the Statement of Objectives and Projected Use of Funds pursu-
ant to 24 CFR 570.300 et.se .
A. COOPERATING UNIT further specifically agrees as follows:
1. COOPERATING UNIT will in accord with a COUNTY established
schedule prepare and provide to COUNTY, in a prescribed form, an
annual request for the use of Community Development Block Grant
Funds consistent with this Agreement, program regulations and
the Urban Hennepin County Statement of Objectives.
0ia ?
• 2. COOPERATING UNIT shall use all funds received pursuant to the
hteen (18) months of
ram within ei
ro
l
h
t f
g
p
g
annua
or eac
Agreemen
the authorization by HUD.of the basic grant amount. Expenditure
period extensions may be requested in cases where the authorized
activity has been initiated and/or subject of a contract.
3. COOPERATING UNIT shall use funds provided pursuant to Section V.
of this Agreement to undertake no more than three (3) grant
funded activities administered by the COOPERATING UNIT. Each
activity shall have a budget of at least seventy-five hundred
dollars ($7,500), or the total amount of the planning allocation
of COOPERATING UNIT if less than seventy-five hundred dollars
($7,500). A COOPERATING UNIT may assign less than seventy-five
hundred dollars ($7,500) to an activity when the activity is one
that is programmed by at least one other COOPERATING UNIT and
administered by only one COOPERATING UNIT on behalf of the
others, provided that the total activity budget is at least
seventy-five hundred dollars ($7,500).
4. COOPERATING UNIT will take actions necessary to accomplish the
community development program and housing assistance goals as
contained in the Urban Hennepin County Housing Assistance Plan.
5. COOPERATING UNIT shall ensure that all programs and/or activi-
ties funded in part or in full by grant funds received pursuant
to this Agreement shall be undertaken affirmatively with regard
• to fair housing, employment and business opportunities for
It shall in implementing all programs
minorities and women
.
and/or activities funded by the basic grant amount comply with
all applicable federal and Minnesota Laws, statutes, rules and
regulations with regard to civil rights, affirmative action and
equal employment opportunities and Administrative Rule issued by
the COUNTY.
6. COOPERATING UNIT shall participate An the
process as established in compliance with
the Housing and Community Development Act
7. COOPERATING UNITS shall comply with all o
guidelines of the COUNTY now in effect or
promulgated.
citizen participation
the requirements of
of 1974, as amended.
F the administrative
as hereafter
8. COOPERATING UNITS shall prepare, execute, and cause to be filed
all documents protecting the interests of the parties hereto or
any other party of interest as may be designated by the COUNTY.
6. COUNTY further specifically agrees as follows:
1. COUNTY shall prepare and submit to HUD and appropriate reviewing
agencies on an annual basis all plans, statements and program
documents necessary for receipt of a basic grant amount under
the Act.
0
• 2. COUNTY shall provide, to the maximum extent feasible, technical
assistance and coordinating services to COOPERATING UNIT in the
preparation and submission of the request for funding.
3. COUNTY shall provide ongoing technical assistance to COOPERATING
UNIT to aid COUNTY in fulfilling its responsibility to HUD for
accomplishment of the community development program and housing
assistance goals.
4. COUNTY shall upon official request by COOPERATING UNIT agree to
administer local housing rehabilitation grant programs funded
pursuant to the Agreement, provided that COUNTY shall receive
ten percent (10%) of the allocation by COOPERATING UNIT to the
activity as reimbursement for costs associated with its opera-
tion.
5. COUNTY will, as necessary for clarification and coordination of
program administration, develop and implement Administrative
Rules consistent with the Act, Regulations and HUD administra-
tive directives.
V. ALLOCATION OF BASIC GRANT AMOUNTS
Basic grant amounts received by the COUNTY under the Act shall be allo-
cated as follows:
• A. COUNTY shall retain ten percent (10%) of the annual basic grant
amount for the undertaking of eligible activities.
B. The balance of the basic grant amount shall be apportioned by COUNTY
to COOPERATING UNITS in accordance with the formula stated in part C
of this section for the purpose of allowing the COOPERATING UNITS to
make requests for the use of funds so aportioned. The allocation is
for planning purposes only and is not a guarantee of funding.
C. Each COOPERATING UNIT will use as a target for planning purposes an
amount which bears the same ratio to the balance of the basic grant
amount as the average of the ratios between:
1. The population of COOPERATING UNIT and the population of all
COOPERATING UNITS.
2. The extent of poverty in COOPERATING UNIT and the extent of
poverty in all COOPERATING UNITS.
3. The extent of overcrowded housing by units in COOPERATING UNIT
and the extent of overcrowded housing by units in all COOPERAT-
ING UNITS.
4. In determining the average of the above ratios, the ratio
involving the extent of poverty shall be counted twice.
0
D. It is the intent of this section that said planning allocation
utilize the same basic elements for allocation of funds as are set
forth in 24 CFR 570.4. The COUNTY shall develop these ratios based
upon data to be furnished by HUD. The COUNTY assumes no duty to
gather such data independently and assumes no liability for any
errors in the data furnished by HUD.
VI. COUNTYWIDE DISCRETIONARY ACCOUNT
A. In the event that any COOPERATING UNIT cannot commit, expend or does
not request its planning allocation, or a portion thereof, pursuant
to Section V of this Agreement, COUNTY will assign the unexpended or
unallocated grant funds to the Countywide Discretionary Account.
The assignment shall also include funds pursuant to Section IV
paragraph A.2, of this Agreement.
B. COUNTY will retain ten percent (10%) of all funds placed in the
Countywide Discretionary Account to defray administrative expenses.
C. COUNTY will, on or before March 1 of each year, inform each COOPER-
ATING UNIT of the Countywide Discretionary Account balance and will
provide each COOPERATING UNIT the opportunity to make a request for
use of all or a portion of the funds.
VII. FINANCIAL MATTERS
A. Reimbursement to the COOPERATING UNIT for expenditures for the
• implementation of activities funded under the Act shall be made upon
receipt by the COUNTY of Summary of Project Disbursement form and
Hennepin County Warrant Request, and supporting documentation.
B. All funds received by COUNTY under the Act as reimbursement for
payment to COOPERATING UNITS for expenditure of local funds for
activities funded under the Act shall be deposited in the County
Treasury.
C. COOPERATING UNIT.and COUNTY shall maintain financial and other
records and accounts in accordance with requirements of the Act and
Regulations. Such records and accounts will be in such form as to
permit reports required of the County to be prepared therefrom and
to permit the tracing of grant funds and program income to final
expenditure.
0. COOPERATING UNIT and COUNTY agree to make available all records and
accounts with respect to matters covered by this Agreement at all
reasonable times to their respective personnel and duly authorized
federal officials. Such records shall be retained as provided by
law, but in no event for a period of less than three years from the
last receipt of program income resulting from activity implementa-
tion. COUNTY shall perform all audits of the basic grant amount and
resulting program income as required under the Act and Regulations.
•
Rio--7
. E. COOPERATING UNIT shall return all program income derived from
activities funded in total or part from the basic grant amount to
COUNTY upon its generation, except as derived from activities
with approved reolving accounts.
1. COUNTY will retain ten percent (10°x) of all program income to
defray administration expenses.
2. The remaining 90 percent (90%) of the program income shall be
credited to the grant authority of the COOPERATING UNIT whose
activity generated the income and be used for fundable and eli-
gible Community Development Block Grant activities consistent
with this Agreement.
F. Should an approved activity be determined to represent an ineligible
expenditure of grant funds, the COOPERATING UNIT responsible shall
reimburse the COUNTY for such ineligible expense.
1. All reimbursements for ineligible expenditures shall be placed
in the Countywide Discretionary Account, except as provided for
in Section VII.F.2. of this Agreement.
2. When it is determined by the COUNTY that grant funds have been
expended on an eligible activity and through no fault of the
COOPERATING UNIT the project fails or is no longer eligible, the
program reimbursement shall be treated as program income in
is Section VII.E. of this Agreement.
•
VII. EXECUTION
COOPERATING UNIT, having signed this Agreement, and the Hennepin County
Board of Commissioners having duly approved this Agreement on
19 , and pursuant to such approval and the proper County officia having
signed this Agreement, the parties hereto agree to be bound by the provisions
herein set forth.
Upon proper execution, this
Agreement will be legally
valid and binding.
COUNTY OF HENNEPIN, STATE OF MINNESOTA
By :
Chairman o its County oar
Assistant County Attorney
Date:
APPROVED AS TO EXECUTION:
Assistant County Attorney
DATE:
CITY MUST CHECK ONE:
The City is organized pursuant
to:
Plan A PT-an-IF and ar er
And:
Deputy/Associate County Administrator
ATTEST:
Deputy County Auditor
CITY OF:
By :
Its
And:
Its
RESOLUTION NO.
RESOLUTION AUTHORIZING EXECUTION OF A
JOINT'COOPERATION AGREEMENT WITH
HENNEPIN COUNTY TO CONTINUE PARTICIPATION
IN THE URBAN HENNEPIN COUNTY
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
WHEREAS, the City of Richfield, Minnesota and the County of
Hennepin have in effect a Joint Cooperation Agreement, County
Contract No. 40448, for the purposes of qualifying as an Urban
County under the United States Department of Housing and Urban
Development Community Development Block Grant program; and
WHEREAS, the City and the County wish to terminate the Agreement
and execute a new Joint Cooperation Agreement, County Contract
No. 70489, to reconstitute the Urban County for purposes of the
Community Development Block Grant program.
BE IT RESOLVED, by the City Council of the City of Richfield,
Minnesota, that the current Joint Cooperation Agreement between
the City and the County, County Contract No. 40448, be terminated
effective September 30, 1987, and a new Joint Cooperation
Agreement between the City and the County, County Contract No.
70489, be executed effective October 1, 1987, and that the Mayor
and the City Manager be authorized to sign the Agreement on
behalf of the City.
Passed by the City Council of the City of Richfield this 24th day
of August, 1987.
John Hamilton, Mayor
ATTEST:
Thomas Ferber, City Clerk
•
_0!? 7
CITY OF RICHFIELD, MINNESOTA
Council Letter No. 258
August 24, 1987 Agenda
Issue Statement:
City Council adoption of Resolution awarding the sale of
$1,080,000 General Obligation Improvement Bonds of 1987; fixing
their form and specifications; directing their execution and
delivery; and providing for their payment.
Background:
On July 13, 1987, the City Council authorized the sale of
$1,080,000 General Obligation Improvement bonds of 1987. The
Bonds were authorized to finance the 1986 alley paving, 1987
alley paving and Academy Of The Holy Angels fire suppression
projects.
After completing all necessary pre-sale procedures, such as legal
notice, bond rating information interviews, and legal opinion,
the bond sale is ready to take place on August 24, 1987 as
authorized and advertised.
Bids and relevant data will be compiled by representatives of
Evenson-Dodge Inc. for presentation to the City Council at the
regular City Council meeting of August 24, 1987. The bond sale
opening will not take place until 2:00 P.M., August 24, 1987.
Thus, any specific information concerning sale results will not
be available until after that time.
Recommended Motion:
It is recommended that the City Council adopt the attached
Resolution awarding the sale of $1,080,000 General Obligation
Improvement Bonds.
Basis Of Recommendation:
1. The bond sale has been previously authorized by the City
Council on July 13, 1987.
2. The bond sale has-been conducted pursuant to Minnesota
Statute 429 and the Internal Revenue Code of 1986.
Alternative Recommendation:
There is no alternative recommendation if the City wishes to
continue with the bond sale.
Discussion/Decision Mode:
The City Council should act immediately to confirm the bond sale
bid opening of earlier August 24, 1987.
Respec ful submitted
ames D. Prosser
ity Manager
• Extract of Minutes of Meeting of the
City Council of the City of Richfield
County of Hennepin, Minnesota
Pursuant to due call and notice thereof, a regular meeting of the City
Council of the City of Richfield, Minnesota, was duly held in the City Hall
in said Ci:: _ Monday, August 24, 1987, commencing at 7.600 otclock p.m.
The following members were present:
and the following were absent:
The Mayor announced that the next order of business was consideration
of the bids which had been received for the purchase of the City's
$1,080,0()4 General Obligation Improvement Bonds of 1987, as advertised for
sale. The City Clerk presented affidavits showing publication of notice of
salq in the City's officiel newspaper and in Commercial West, a financial
paper published in Minneapolis, Minnesota, which affidavits were examined,
four { satie- actory and or dQred placed on file.
The City Clerk presented a tabulation of the bids which had been
received in the manner specified in the
Bonds. The bids were as follow®:
7-
Alk After due consideration of the bids, Councilmember
introduced the following resolution and moved its adoption:
A RESOLUTION AWARDING THE SALE OF $1,080,000
GENERAL, OBLIGATION IMPROVEMENT BONDS OF 1987;
FIXING THEIR FORM AND SPECIFICATIONS;
DIRECTING THEIR EXECUTION AND DELIVERY;
AND PROVIDING FOR MIB PAYMENT.
BE IT RESOLVED By the City Council of the City of Richfield,
Hennepin County, Minnesota., (City) as follows:
Section 1. Sale of Bonds,
1.01. The bid of (Purchaser) to
purchase $1,080,000 General Obligation Improvement Bonds of 1987 (Bonds) of
the City described in the Official Notice of Sale thereof is hereby found
and determined to be the highest and best bid received pursuant to duly
advertised notice of sale and shall be and is hereby accepted, such bid
being to purchase the Bonds at a price of $ plus accrued
interest to date of delivery, for Bonds bearing interest as allows.
40 Year of Interest
Maturity Rate
1959
1990
1991
1992
1993
1994
1995
1996
1997
1998
Net effective interest rate.
Year of Interest
Maturity Rate
1999
2000
2001
2002
2003
2004
2005
2006
2007
2008
1.02. The sure of $ being the amount bid by the Purchaser in
excess of $1,061,100 shale credited to the Debt Service Fund hereinafter
created. The City Treasurer is directed to retain the good faith check of
the Purchaser pending completion of the sale and delivery of the Bonds, and
to return the checks of the unsuccessful bidders forthwith. The Mayor and
City Clerk are directed to execute a contract with the Purchaser on behalf
of the City.
1.03. The City shall forthwith issue and sell the Bonds in the total
principal amount of $1,080,000, originally dated September 1, 1987, in the
denomination of $5,000 each or any integral multiple thereof, numbered No.
R-1 upward, bearing interest as above set forth, and which Bonds mature
serially on February I in the years and amounts as follows:
Year Amount Year Amount
1989 $800000 1999 $50000
1990 75,000 2000 50,000
1991 75,000 2001 50,000
1992 500000 2002 500000
1993 50,000 2003 50,000
1994 50,000 2004 50,000
1995 50,000 2005 50,000
1996 500000 2006 500000
1997 501000 2007 500000
1998 50,000 2008 50,000
1.04. Og tional Redemption. The City may elec t on February 1, 1997
and on any interest payment date thereafter , to prepay Bonds maturing on or
after February 1, 1998. Redemption may be in whole o r in part of the Bonds
subject to prepayment. If redemption is in part, those Bonds remaining
unpaid which have the latest maturity date will be p repaid first. If only
part of the Bonds having a common maturity date are called for prepayment
• the specific Bonds to
All prepayments shall b be prepaid will be
e at a price of par chosen by
plus accru lot by the Registrar.
ed interest.
Section 2. Registration and Payment.
2.01. Registered Form. The Bonds shall be issued only in fully
registered form. The interest thereon and, upon surrender of each Bond,
the principal amount thereof shall be payable by check or draft issued by
the Registrar described herein.
2.02. Dates; Intereat Payment Dates. Each Bond shall be dated as of
the last interest payment date preceding the date of authentication to
which interest on the Bond has been paid or made available for payment,
unless (i) the date of authentication is an interest payment date to which
interest has been paid or made available for payment, in which case such
Bond shall be dated as of the date of authentication, or (ii) the date of
authentication is prior to the first interest payment date, in which case
such Bond shall be dated as of the date of original issue. The interest on
the Bonds shall be payable on February 1 and August 1 of each year, com-
mencing February 1, 1988, to the owner of record thereof as of the close of
business on the fifteenth day of the immediately preceding month, whether
or not such day is a business day.
2.03. Registration. The City shall appoint, and shall maintain, a
bond registrar, transfer agent, authenticating agent and paying agent
(Registrar). The affect of registration and the rights and duties of the
City and the Registrar with respect thereto shall be as follows;
?9
• (a) Register. The Registrar shall keep at its principal corpo-
rate trust office a bond register in which the Registrar shall provide
for the registration of ownership of Bonds and the registration of
transfers and exchanges of Bonds entitled to be registered, trans-
ferred or exchanged.
(b) Transfer of Bonds. Upon surrender for transfer of any Bond
duly endorsed by the registered owner thereof or accompanied by a
written instrument of transfer, in form satisfactory to the Registrar,
duly executed by the registered owner thereof or by an attorney duly
authorized by the registered owner in writing, the Registrar shall
authenticate and deliver, in the name of the designated transferee or
transferees, one or more now Bonds of a like aggregate principal
amount and maturity, as requested by the transferor. The Registrar
may, however, close the books for registration of any transfer after
the fifteenth day of the month preceding each interest payment date
and until such interest payment date.
(c) LxchanBe_pf_Bonds. Whenever any Bonds are surrendered by
the registered owner for exchange the Registrar shall authenticate and
deliver one or more new Bonds of a like aggregate principal amount and
maturity, as requested by the registered owner or the owner's attorney
in writing.
(d) Cancellation. All Bonds surrendered, upon any transfer or
• exchange shall ?a promptly cancelled by the Registrar and thereafter
disposed of as directed by the City.
(e) Im ra er or Unauthorized Transfer. When any Bond is pro-
sented to the Registrar for transfer, the Registrar may refuse to
transfer the same until it is satisfied that the endorsement on such
Bond or separate instrument of transfer is valid and genuine and that
the requested transfer is legally authorized. The Registrar shall
incur no liability for the refusal, in good faith, to make transfers
which it, in its judgment, deems improper or unauthorized.
(f) Persons Deemed owners. The City and the Registrar may treat
the person in whose name any Bond is at any time registered in the
bond register as the absolute owner of such Bond, whether such Bond
shall be overdue or not, for the purpose of receiving payment of, or
on account of, the principal of and interest on such Bond and for all
other purposes, and all such payments so made to any such registered
owner or upon the owner's order shall be valid and effectual to
satisfy and discharge the liability upon such Bond to the extent of
the sung or sums so paid.
(g) Taxes,. Peas and Charges. For every transfer or exchange of
Bonds, the Registrar may impose a charge upon the owner thereof suffi-
cient to reimburse the Registrar for any tax, fee or other govern-
mental charge required to be paid with respect to such transfer or
exchange.
• (h) Mutilated, Lost, Stolen or Destroyed Bonds. In case any
Bond shall become mutilated or be destroyed, stolen or lost, the
Registrar shall deliver a new Bond of like amount, number, maturity
date and tenor in exchange and substitution for and upon cancellation
of any such mutilated Bond or in lieu of and in substitution for any
such Bond destroyed, stolen or lost, upon the payment of the reason-
able expenses and charges of the Registrar in connection therewith;
and, in the case of a Bond destroyed, stolen or lost, upon filing with
the Registrar of evidence satisfactory to it that such Bond was
destroyed, stolen or lost, and of the ownership thereof, and upon
furnishing to the Registrar of an appropriate bond or indemnity in
form, substance and amount satisfactory to it, in which both the City
and the Registrar shall be named as obligees. All Bonds so surren-
dered to the Registrar shall be cancelled by it and evidence of such
cancellation shall be given to the City. if the mutilated, destroyed,
stolen or lost Bond has already matured or been called for redemption
in accordance with its terms. it shall not be necessary to issue a now
Bond prior to payment.
(i) Redemption. In the event any of the Bonds are called for
redemption, notice thereof identifying the Bonds to be redeemed will
be given by the Registrar by mailing a copy of the redemption notice
by first class mail (postage prepaid) not more than 60 and not less
than 30 days prior to the data fixed for redemption to the registered
owner of each Bond to be redeemed at the address shown on the regis-
tration books kept by the Registrar and by publishing said notice in
the manner required by law. Failure to give such notice by publica-
tion or by mail to any registered owner, or any defect therein, will
not affect the validity of any proceeding for the redemption of Bonds.
All Bonds so called for redemption will cease to bear interest after
the specified redemption date, provided that the funds for the redemp-
tion are on deposit with the place of payment at that time.
2.04. Appointment of Initial Registrar. The City hereby appoints
- -- , Minnesota, as the initial Registrar.
The Mayor and the Clerk are authorized to execute and deliver, on behalf of
the City, a contract with the Registrar. Upon merger or consolidation of
the Registrar with another corporation, if the resulting corporation is a
bank or trust company authorized by law to conduct such business, such
corporation shall be authorized to act as successor Registrar. The City
agrees to pay the reasonable and customary charges of the Registrar for the
services performed. The City reserves the right to remove the Registrar
upon 30 days' notice and upon the appointment of a successor Registrar, in
which event the predecessor Registrar shall deliver all cash and Bonds in
its possession to the successor Registrar and shall deliver the bond
register to the successor Registrar. On or before each principal or
interest due date, without further order of this Council, the Treasurer
shall transmit to the Registrar moneys sufficient for the payment of all
principal and interest then due.
2.05. Execution, Authentication and Delivery. The Bonds shall be
prepared under the direction of the Clark and shall be executed on behalf
of the City by the signatures of the Mayor and the Clerk, provided that all
• signatures may be printed, engraved or lithographed facsimiles of the
originals. In case any officer whose signature or a facsimile of whose
signature shall appear on the Bonds shall cease to be such officer before
• the delivery of any Bond, such signature or facsimile shall nevertheless be
valid and sufficient for all purposes, the same as if the officer had
remained in office until delivery. Notwithstanding such execution, no Bond
shall be valid or obligatory for any purpose or entitled to any security or
benefit under this Resolution unless and until a certificate of authentica-
tion on such Bond has been duly executed by the manual signature of an
authorized representative of the Registrar. Certificates of authentication
on different Bonds need not be signed by the same representative. The exe-
cuted certificate of authentication on each Bond shall be conclusive
evidence that it has been authenticated and delivered under this Resolu-
tion, When the Hands have been so prepared, executed and authenticated,
the Treasurer snail deliver the same to the Purchaser thereof upon payment
of the purchase price in accordance with the contract of sale heretofore
made and executed, and the Purchaser shall not be obligated to see to the
:application of the purchase price.
2.06 Temporary Bonds. The City may elect to deliver in lieu of
printed definitive bonds, one or more typewritten temporary bonds in
substantially the form set forth in Section 3 with such changes as may be
necessary to reflect more than one maturity in a single temporary bond.
Upon the execution and delivery of definitive bonds the temporary bonds
shall be exchanged therefor and cancelled.
Section 3. Form of the Bonds.
• 3.01. The Bonds shall be printed in substantially the following farm:
[Face of the Bond]
UNITED STATES OF AMERICA
STATE OF MINNESOTA
COUNTY OF HENNEPIN
CITY OF RICHFIELD
GENERAL OBLIGATION IMPROVEMENT BOND OF 1987
Date of
Rate Maturity Original Issue CUSIP
Z
No. R
September 1, 1987
The City of Richfield, a duly organized and existing municipal
corporation in Hennepin County, Minnesota (City), acknowledges itself to be
indebted and for value received hereby promises to pay to
or registered assigns, the principal sum of $ on the maturity date
specified above with interest thereon from the date hereof at the annual
rate specified above, payable February 1 and August 1 in each year, com-
10 February 1, 1988, to the person in whose name this Bond is regis-
tered at the close of business on the fifteenth day (whether or not a
• business day) of the immediately preceding month. The interest hereon and,
upon presentation and surrender hereof, the principal hereof are payable in
lawful money of the United States of America by check or draft by
, Minnesota, as Bond Registrar, Paying Agent,
Transfer Agent and Authenticating Agent, or its designated successor under
the Resolution described herein. For the prompt and full payment of such
principal and interest as the same respectively become due, the full faith
and credit and taxing powers of the City have been and are hereby irrevo-
cably pledged.
The City may elect on February 1, 1997 and on any interest payment date
thereafter, to prepay Bonds of this issue maturing on or after February I,
1998. Redemption may be in whole or in part of the Bonds subject to
prepayment. If redemption is in part, those Bonds remaining unpaid which
have the latest maturity date will be prepaid first. If only part of the
Bonds having a common maturity date are called for prepayment the specific
Bonds to be prepaid will be chosen by lot by the Registrar, All prepay-
ments shell be at a price of par plus accrued interest.
The City Council has designated the Bonds as "qualified tax exempt
obligations" within the meaning of Section 265(b)(3) of the Internal
Revenge Code of 1985 (the Code) and within the $10 million limit allowed by
the Cade for the calendar year of issue.
Additional provisions of this Bond are contained on the reverse hereof
and such provisions shall for all purposes have the same affect as though
. fully met forth in this place.
This Bond shall, not be valid or become obligatory for any purpose or
be entitled to any security or benefit under the Resolution until the
Certificate of Authentication hereon shall have been executed by the Bond
Registrar by manual signature of one of its authorized representatives.
IN WITNESS WHEREOF, the City of Richfield, Hannapin County, Minnesota,
by its City Council, has caused this Bond to be executed on its behalf by
the facsimile signatures of the Mayor and City Clerk and has caused this
Bond to be dated as of the date sat forth below.
Dated:
CITY OF RICHFIELD, MINNESOTA
(facsimile) (facsimile)
City Clark Mayor
CERTIFICATE OF AUTHENTICATION
This is one of the Bonds delivered pursuant to the Resolution
mentioned within.
By
Authorized Representative
147?
[reverse of the Bond]
This Bond is one of an issue in the aggregate principal amount of
$1,080,000, all of like original issue date and tenor, except as to number,
maturity date, redemption privilege and interest rate, issued pursuant to a
resolution adopted by the City Council on August 24, 1987 (the Resolution),
for the purpose of providing money to defray the expenses incurred and to
be incurred in making local improvements, pursuant to and in full conformi-
ty with the City's home rule charter, the Constitution and laws of the
State of Minnesota, including Minnesota Statutesp Chapter 429, and the
principal hereof and interest hereon are payable primarily from special
assessments against property specially benefited thereby, as set forth in
the Resolution to which reference is made for a full statement of rights
and sowers thereby conferred. The full faith and credit of the City is
irrevocably pledged for payment of this Bond, and the City Council has
obligated itself to levy taxes on all of the taxable property in the City
in the event of any deficiency in special assessments pledged, which taxes
may be levied without limitation as to rate or amount. The Bonds of this
series are issued only as fully registered Bonds in denominations of $5,000
or any integral multiple thereof of single maturities.
As provided in the Resolution and subject to certain limitations set
forth therein., this Bond is transferable upon the books of the City at the
principal office of the Bond Registrar, by the registered owner hereof in
person or by the owner's attorney duly authorized in writing upon surrender
hereof together with a written instrument of transfer satisfactory to the
Bond Registrar, duly executed by the registered owner or the owner's
attorney, and may also be surrendered in exchange for Bonds of other
authorized denominations, Upon such transfer or exchange the City will
cause a new Bond or Bonds to be issued in the name of the transferee or
registered owxer, of the same aggregate principal amount, bearing interest
at the same rate and maturing on the same date, subject to reimbursement
for any tax, fee or governmental charge required to be paid with respect to
such transfer or exchange.
The City and the Bond Registrar may deem and treat the person in whose
name this Bond is registered as the absolute owner hereof, whether this
Bond is overdue or not, for the purpose of receiving payment and for all
other purposes, and neither the City nor the Bond Registrar shall be
affected by any notice to the contrary,
IT IS HEREBY CERTIRYED, RECITED, COVENANTED AND AGREED that all acts,
conditions and things required by the City's home rule charter and the
Constitution and laws of the State of Minnesota, to be done, to exist, to
happen and to be performed preliminary to and in the issuance of this Bond
in order to make it a valid and binding general obligation of the City in
accordance with its terms, have been done, do exist, have happened and have
been performed as so required, and that the issuance of this Bond does not
cause the indebtedness of the City to exceed any charter, constitutional or
statutory limitation of indebtedness.
r?
-;ef- 9
• (Form of certificate to be printed on the reverse side of each Bond,
following a fall copy of the legal, opinion.)
I certify that the above is a full, true and correct copy of the legal
opinion rendered by bond counsel on the issue of Bonds of the City of
Richfield, Minnesota, which includes the within Bond, dated as of the date
of delivery of and payment for the Bonds.
(Facsimile Signature)
city clerk
The following abbreviations, when used in the inscription on the
face of this Bond, shall be construed as though they were written out in
full according to applicable laws or regulations-.
TEN COO -- as tenants UNIF GIFT MIN ACT Custodian
in common (dust (Minor
TEN ENT -? as tenants
by entireties under Uniform Gifts or
Transfers to Minors
JT TEN -- as joint tenantry with
right of survivorship and Act . . . . . . . ,
not as tenants in common (State)
Additional abbreviations may also be used though not in the
above list.
ASSIGNMENT
For value received, the undersigned hereby sells, assigns and
transfers unto -----
_ the within Bond and-a1i rights thereunder, and
does ereby yirrevocably constitute and appoint
attorney to transfer the said Bond on the books kept for registration of
the within Bond, with full power of substitution in the premises.
Dated.
Notice: The assignor's signature to this assignment must
correspond with the name as it appears upon the face of
the within Bond in every particular, without alteration
or any change whatever.
0 Signature Guaranteed:
Signature(s) must be guaranteed by a national bank or trust company or by a
brokerage firm having +a membership in one of the major stock exchanges.
The Bond Registrar will not effect transfer of this Bond unless
the information concerning the assignee requested below is provided.
Namg and Address:
(Include+-informatlan all faint owners if
this Bond is held by joint account)
Please insert social, security or
other identifying number of assignee
3.02. The Clerk shall obtain a copy of the proposed approving legal
opinion of LeFevere, Lefler, Kennedy, O'Brien & Dr'awz, a Professional
Association, Minneapolis, Minnesota, which shall be complete except as to
• datitg thereof atd shall cause the opinion to be printed on each Bond,
together with a certificate to be signed by the facsimile signature of the
Clerk in substantially the form set forth in the form of Bond. The Clerk
is hereby authorized and directed to execute such certificate in the name
of the City upon receipt of such opinion and to file the opinion in the
City offices.
Section 4. Security: Payment: Pledges and Covenants.
4.41. The Bonds shall be payable from the Improvement Bonds of 1989
Debt Service Fund (Debt Service Fund) hereby created, and the proceeds of
any general taxes hereinafter levied (Taxes), and special assessments
(Assessments) to be levied for the improvements (improvements) financed by
the Bonds are hereby pledged to the Debt Service Fund. If any payment of
principal or interest on the Bonds shall become due when there is not
sufficient money in the Debt Service Fund to pair the same, the Treasurer
shall pay such principal or interest from the general fund of the City and
the general fund may be reimbursed for such advances out of proceeds of
Assessments for the Improvements when collected.
4.02. It is hereby determined that the improvements to be financed by
the Bonds will directly and indirectly benefit the abutting property, and
the City hereby covenants with the holders from time to time of the Bonds
as follows:
(a) The City has caused or will cause the Assessments
for the Improvements to be promptly levied so that the first
installment will be collectible not later than 1988 and will
take all steps necessary to assure prompt collection, and
the levy of the Assessments is hereby authorized. The City
Council shall cause all further actions and proceedings
relative to the making and finanting of the Improvements
f insnted hereby to be taken with arse diligence that are
required for the construction of each Tmprovement financed
wholly or partly from the proceeds of the Bonds, and for the
final and valid levy of the Assessments and the appropria-
tion of any other funds needed to pay the Bonds and interest
therect when due.
(b) In the event of any current or anticipated defi-
ciency in the Assessments, the City Council will levy ad
valorem tames in the amount of said current or anticipated
deficiency.
(t? The City will keep complete and accurate books and
records showings all receipts and disbursements in connec-
tion with the improvements, Assessments levied therefor and
other funds appropriated for their payment, all collections
thereof and disbursements therefrom, moneys on hand and, the
balance of unpaid Assessments.
(d) The City will cause its books and records to be
audited at least annually and will furnish copies of such
audit reports to any interested person upon request.
4.03. it is determined that at least 20% of the cost of the Improve-
ments will be specially assessed against benefitted properties. For the
purpose of paying principal and interest on the Bonds, there is hereby
levied a direct annual irrepealable ad valorem tags upon all taxable proper-
ty in the City which shall be spread upon the talc rolls and collected with
and as part of other general taxes of the City. Such tax shall be credited
to the Debt Service Fund above provided and shall be in the years and
amounts as follows (year stated being year of levy for collection in the
following year).
Year L?lvy
(See Attachment A)
4.04. It is hereby determined that the estimated collections of
Assessments and foregoing Taxes will produce at least five, percent in
excess of the amount needed to meet when due, the principal and interest
payments on the Bonds. The tax levy herein provided shall be irrepealable
until all of the bonds are paid, provided that the City Clerk may annually,
prior to October 10 of any year, certify to the Director of Property
Taxation the amount available in the Debt Service Fund to pay principal and
interest during the ensuing year, and the Director of Property Taxation
shall thereupon reduce the levy collectible during such year by the amount
so certified. The City Clerk is directed to file a certified copy of this
, ? V9 z
• resolution with the Director of Property Taxation of Hennepin County, and
obtain the certificate required by Minnesota Statutes, section 475.63.
Section 5. Authentication of Transcript.
5.01. The officers of the City are hereby authorized and directed to
prepare and furnish to the Purchaser and to the attorneys approving the
Bonds, certified copies of proceedings and records of the City relating to
the Bonds and to the financial condition and affairs of the City, and such
other certificates, affidavits and transcripts as may be required to show
the facts within their knowledge or as shown by the books and records in
their custody and under their control, relating to the validity and market-
ability of the Bonds and such instruments, including any heretofore fur-
nished, shall be deemed representations of the City as to the facts stated
therein.
5.02. The Mayor and City Clerk are hereby authorized and directed to
certify that they have examined the Official Statement prepared and circu-
lated in connection with the issuance and sale of the Bonds and that to the
beat of their knowledge and belief said statement is a complete and accu-
rate representation of the facts and representations made therein as of the
date of the Official Statement.
Sec. 6. Special Tax Covenant.
6.01. (a) The City covenants and agrees with the holders from time
to time of the Bonds that it will not take or permit to be taken by any of
its officers, employees or agents any action which would cause the interest
on the Bonds to become subject to taxation under the Itternal Revenue Code
of 1956, as amended (the Code), and the Treasury Regulations promulgated
thereunder, in effect at the time of such actions, and that it will take or
cause its officers, employees or agents to take, all affirmative action
within its power that may be necessary to ensure that such interest will
not become subject to taxation under the Code and applicable Treasury
Regulations, as presently existing or as hereafter amended and made appli-
cable to the Bonds.
(b) The City shall comply with requirements necessary under the
Code to establish and maintain the exclusion from gross income under
Section 103 of the Code of the interest on the Bonds, including without
limitation requirements relating to temporary periods for investments,
limitations on amounts invested at a yield greeter than the yield on the
Bonds, and the rebate of excess investment earnings to the United. States if
the bonds (together with other obligations reasonably expected to be issued
in calendar year 1987) exceed the stall-issuer exception amount of
$5,000,000. For purposes of qualifying for the small issuer exception to
the federal arbitrage rebate requirements, the City hereby finds, deter-
mines and declares that the aggregate face amount of all tax-exempt bonds
(other than private activity bonds issued by the City (and all subordinate
entities of the City) during the calendar year in which the Bonds are
issued and outstanding at one time is not reasonably expected to exceed
is $5,000,000, all within the meaning of Section 148(f)(4)(C) of the Code.
is 6.02. The City further covenants not to use the proceeds of the Bonds
or to cause or permit them or any of them to be used, in such a manner as
to cause the Bonds to be "private activity bonds" within the meaning of
Sections 103 and 141 through 150 of the Code.
6.03. In order to qualify the Bonds as "qualified tax-exempt obliga-
tions" within the meaning of Section 265(b)(3) of the Code, the City hereby
makes the following, factual statements and representations:
(a) the bonds are not "private activity bonds" as defined in
Section 141 of the Code;
(b) the City hereby designates the Bonds as "qualified tax-
exempt obligations" for purposes of Section 265(b)(3) of the Code.
(c.) the reasonably anticipated amount of tax-exempt obligations
(other than private activity bonds, treating qualified 501(c)(3) bonds
as not being private activity bonds) which will be issued by the City
(and all subordinate entities of the City) during calendar year 1987
will not exceed $10,000,000; and
(d) not more than $10,000,000 of obligations issued by the City
during calendar year 1987 have been designated for purposes of Section
265(b)(3) of the Code.
• The City shall use its best efforts to comply with any federal procedural
requirements which may apply in order to effectuate the designation made by
this section.
6.04. For purposes of Section 141(b)(9) of the Code, the City hereby
elects to treat that portion of the proceeds of the Bonds which will
finance a fire suppression system for the Academy of the Holy Angels
("Private Portion") as "qualified 501(c)(3) bonds" within the meaning of
Suction 145 of the Code. In conjunction therewith, the City makes the
following factual statements and representations:
(a) the weighted average maturity of the Bonds (10.28 years)
does not exceed 120% of the weighted average useful life of the fire
suppression system financed by the private Portion of the Bonds
( years) an determined in accordance with Section 147(b) of
the Code;
(b) the City Council will hold a public hearing on the project
financed by the Private Portion of the Bonds on Monday, September 14,
1987 in accordance with Section 147(f) of the Code, and delivery of
the Bonds will not take place until after the public hearing is held;
(c) for purposes of Section 148 of the Code, the City will
rebate to the U.S. Treasury excess investment earnings on the Private
Portion of the Bonds and the Private Portion of the Bonds will not
qualify under the small issuer exception to the arbitrage rebate
0 requirements; and
?y y
• (d) costs of issuance relating to the Private Portion will not
exceed 2% of the proceeds (within the meaning of the Code) of the
Private Portion.
The motion for the adoption of the foregoing resolution was duly
seconded by Councilmember and upon vote being taken
thereon} the following voted in favor thereof:
and the following voted against:
whereupon said resolution was declared duILy passed and adopted.
_r,
?J
STATE OF MINNESOTA )
)
COUNTY OF HENNEPIN ) SS.
CITY OF RICHFIELD }
I, the undersigned, being the duly qualified and acting Clerk of
the City of Richfield, Minvesota, do hereby certify that I have carefully
compared the attached and foregoing extract of minutes of a regular meeting
of the City Council held on Monday, august 24, 1987, with the original
thereof on file in my office and the same is a fall, true and correct copy
thereof insofar as the same relates to the issuance and sale of $1,080,000
General. Obligation Improvement Bonds of 1987 of the City.
WITNESS My hand as Clark and the corporate seal of the City this
day of , 1987.
0
(SEAL)
M 4O550887.RAW
0
e?7- /?
STATE OF MINNESOTA DIRECTOR CP PROPERTY
TAXATION'S CERTIFICATE AS
COUNTY OF HENNEPIN TO TAB a VTY AND REGISTRATION
I.= the undersigned Director of Property Taxation of Hennepin
County,, Minneacta, hereby certify that a certified copy of a resolu-
tion adopted by the govern-Lntg body of Richfield, Minnesota, on. August
24, 1987, lavy'r_ ;axes fog the payment of $1,080,000 General Obliga-
aiot Imb rovemant bands of 1987, has been filed iii sty office and said
bonis have been entered on the register of obligations in my office
and tax has been levied &,j required by lets.
1y hand end official seal this day of
g 1987.
0
Director of Property Taxation
Hettepin County, Mirm3sots
(SF L)
by
Deputy
? &
CITY OF RICHFIELD, MINNESOTA
Council Letter No. 257
Agenda August 24, 1987
Issue Statement:
Resolution approving the first stage of improvements in the 1494
and Trunk Highway 77 interchange, state project 2758-40.
Background:
The City Council may recall making several comments regarding the
draft Environmental Impact Statement (EIS) for the I494/TH77
interchange. Richfield city staff has been working with the City
of Bloomington and their consultant, BRW; the Minnesota Pollution
Control Agency and the Minnesota Department of Transportation in
response to those comments. It has been agreed there will be an
access study for 77th Street between Cedar Avenue and 12th Avenue
and there will be a TH77 Corridor Study which will, among other
things, address needs for TH77 between 1494 and Crosstown 62 and
for the Crosstown between TH77 and I35W, including the
interchange of TH77 and the Crosstown.
As indicated to the city council during earlier discussions of
the I494/TH77 interchange, the City of Richfield would be asked
to review and approve plans for this interchange prior to
construction. The first stage of improvements have been funded
by the City of Bloomington through a bond. These improvements
are primarily along TH77 from south of 71st Street to south of
86th Street, and along 1494 west of 12th Avenue in Richfield to
west of 34th Avenue in Bloomington. The plans have been reviewed
by city staff and the Richfield Ad Hoc I35W/I494 Traffic
Committee. The only concern expressed at this time is that Cedar
Avenue South, serving as a frontage road on the west side of
TH77, be retained at no less than its current width; that the
sidewalks along Cedar Avenue be retained, and that pedestrian
access be provided across TH 77.
Recommended Motion:
Pass the attached resolution approving the first stage
improvement of TH 77 with the understanding there is concern
related to sidewalks, the width of Cedar Avenue frontage road,
and pedestrian access.
Basis of Recommendation:
1. The concerns expressed by the City of Richfield in response
to the draft EIS have been or are in the process of being
answered.
2. The resolution is to approve the layout only for the first
stage improvements with the Mayor to be authorized to
approve final construction plans for the first stage
improvements if there are no major changes from the original
layout.
3. If there is a major change in the final construction plan
• compared to the current layout plan, the city council will
again have an opportunity to review and act on the plans and
specifications.
?f/
Alternative Recommendation:
Because of the "built in" steps for additional review and
approval if needed, staff does not have an alternate
recommendation at this time.
Discussion/Decision Mode:
This item is scheduled for the August 24, 1987 city council
meeting. The council may choose to delay if there are additional
questions and concerns that cannot be reasonably answered at this
time or prior to approval of final construction plans.
Respectfully submitted,
a es D'. Prosser
City Manager
JDP/eja
0
•
RESOLUTION
State Project 2758-40
At a meeting of the City Council of the City of Richfield, held
on the 24th day of August, 1987, the following Resolution was
offered by , seconded by , to wit:
WHEREAS the Commissioner of Transportation for the State of
Minnesota has developed both a first stage and ultimate stage
plan of improvement for TH77 and 1494 in Richfield and
Bloomington, Minnesota, and
WHEREAS the Commissioner has prepared a final geometric layout
for only the first stage improvement and seeks the approval
thereof, and
WHEREAS the first stage improvement specifically provides for the
improvement of TH77 from approximately 190 feet south of 71st
Street in Richfield to 2,262 feet south of 86th Street in
Bloomington and along 1494 from 2,066 feet west of 12th Avenue
South in Richfield to approximately 93 feet west of 34th Avenue
in Bloomington,
NOW, THEREFORE, BE IT RESOLVED that said layout for first stage
• improvements of said Trunk Highway within the corporate limits of
the City of Richfield be and hereby is disapproved unless the
layout plans are modified so as to provide that.
1. Cedar Avenue South, serving as a frontage road on the west
side of TH77, be retained at no less than its current
width,
2. Sidewalk along Cedar Avenue South, which serves as a
frontage road on the west side of TH77, and the sidewalk
along north side of 78th Street between Cedar Avenue and
12th Avenue be retained and
3. Pedestrian access be provided across TH77.
BE IT FURTHER RESOLVED that the City Council of the City of
Richfield delegates to the Mayor authority and responsibility to
review and approve in accordance with Minnesota Statute S 161.177
(1986) the final construction plans, special provisions and
specifications for the first stage improvement if there are no
major changes from the layouts already approved.
Upon the call of the roll, the following council members voted in
favor of the Resolution:
and the following council members voted against adoption of the
Resolution:
Whereupon the Mayor and/or presiding officer declared the
Resolution adopted.
Dated: August 24, 1987
John Hamilton, Mayor
ATTEST:
Thomas P. Ferber, City Clerk
STATE OF MINNESOTA
COUNTY OF HENNEPIN
CITY OF RICHFIELD
I do hereby certify that at said meeting (of which due and legal
notice was given) of the City Council of the City of Richfield,
Minnesota on the 24th day of August, 1987, at which a majority of
the members of said Council was present, the foregoing Resolution
was adopted.
Given under my hand and seal this 24th day of August, 1987.
Thomas P. Ferber, City Clerk
CITY OF RICHFIELD, MINNESOTA
Council Letter No. 256
August 24, 1987
Issue Statement:
Second reading consideration of revised sign regulations.
Background:
On April 6, 1987 the City Council conducted a study session on
draft sign ordinance revisions. After that meeting, staff
further refined the ordinance by removing inconsistencies, and
redundancies. The format of the draft ordinance has been changed
to be consistent with the recodified city code. On July 13, 1987
the City Council gave first reading to the draft sign ordinance,
and set second reading and the public hearing for the council
meeting of August 24, 1987.
The following is a summary of the major changes to the existing
sign regulations which are contained in the proposed ordinance:
1. The sign ordinance has been reorganized to remove standards
from definitions and to organize the standards by zoning
district to allow easier interpretation and administration.
2. Roof signs, portable ground signs, abandoned signs and search
lights would be prohibited.
. 3. The size of permitted permanent institutional signs has been
increased from 10 square feet to 50 square feet.
Institutional signs in residential zoning districts can now
be illuminated between the hours of 6:00 A.M. and 11:00 P.M.
Temporary institutional ground signs will be subject to the
same provisions as temporary business signs.
4. The amount of busines
amount of signage on
limited to 15 percent
are attached. The am
to 30 percent of the
existing ordinance co
buildings.
s signage allowed has been reduced. The
walls, canopies and marquees will be
of the total wall area to which they
ount of signage on windows is limited
window area they are attached to. The
ntains no limits for signs attached to
The maximum size of permitted freestanding signs has been
reduced from 340 square feet in commercial and industrial
districts to 50 square feet in neighborhood business
districts and 200 square feet in general commercial and
industrial districts.
5. The regulations concerning banners, wind devices, promotional
display and fixed temporary ground signs have been tightened
to allow them for a 7-day period only, and only three times
during any calendar year.
6. The requirement that annual maintenance permits be obtained
for outdoor advertising displays has been eliminated.
7. A provision has been added requiring that temporary non-
conforming signs shall be brought into compliance within
60 days after the adoption of the ordinance. Nonconforming
permanent signs shall be brought into compliance with the
ordinance within 5 years of the adoption of the ordinance.
The following is a summary of the revisions that have been made
to the ordinance provisions subsequent to the study session.
1. Section 416.01, subdivision 2-45 (Definitions) has been
changed as follows:
a. A definition for a banner has been added. (Subdivision 7)
b. The definition of flashing traveling and changing message
sign has been clarified. (Subdivision 13)
c. The definition of on-site direction sign has been amended
to allow a business logo or symbol to appear on such a
sign (Subdivision 22)
d. The definition of temporary sign has been changed to take
out a specific time period from the definition.
(Subdivision 41)
e. The definition of a wind device has been changed to take
banners out of that classification. (Subdivision 44)
• 2. The sign installer license requirements in Section 416.05
subdivision 1 have been changed to indicate that no such
license is required for the erection of signs exempt from
sign construction permits.
3. The requirements for an annual maintenance permit (Section
415.09) have been removed. It was determined that these
permits only apply to billboards and not to all signs.
4. The provisions found in Section 416.07 subdivision 1,
paragraph b, subparagraph 1 dealing with temporary real
estate signs have been changed to increase the size of real
estate and construction signs in commercial districts from 32
square feet to 64 square feet. Open House signs would be
permitted on the day before an Open House. A provision has
also been added to allow a combination temporary real estate
and construction sign which cannot exceed 128 square feet in
sign area.
5. Section 416.071 subdivision 2, paragraph c (Neighborhood
Business District Requirements) and paragraph d (General
Commercial and Industrial Districts) have been changed by
taking window signs out of subparagraph (4) and adding a new
subparagraph 5 outlining the specific restrictions on window
signs. The total sign area of window signs cannot exceed 30%
of the area of the window that they are attached to or
displayed from.
• 6. Section 416.07, subdivision 2, paragraph d (General
Commercial and Industrial Districts) has been changed by
adding a new subparagraph (7) which is the regulations
concerning banners, wind devices, promotional display devices
and fixed temporary ground signs. These regulations were
previously located in several sections of the ordinance but
have been relocated to this section so that all regulations
are in the district regulations. Section 416.07, subdivision
2, paragraph d is also changed to add a new subparagraph (8)
entitled "Off Site Directional Signs". These regulations
were previously found in Section 415.25, Special Commercial
Uses. Again this section has been relocated to get all
regulations into the specific district sections. Some of the
provisions applicable to these kinds of signs have been
eliminated or changed to provide more updated regulations.
7. The provisions previously found in Section 415.19 concerning
outdoor advertising displays have been relocated to a new
Section 416.09. The regulations pertaining to outdoor
advertising displays remain unchanged.
8. Section 415.17, subdivision l has been eliminated because
these requirements are no longer necessary.
9. Section 415.17, subdivision 3 has been eliminated, certain
• provisions have been relocated into the Outdoor Advertising
Display regulations found in Section 415.19.
10. Sections 415.37, 415.39, 415.41, 415.45 have been relocated
into Section 416.03 sign construction permit requirements.
11. Section 415.43 has been eliminated and certain provisions
relocated into Section 416.09 Outdoor Advertising Displays.
12. The provisions dealing with nonconforming signs found in
Section 415.13, subdivision 4 have been changed to require
that all nonconforming permanent signs be brought into
compliance with the new regulations within 5 years.
Nonconforming temporary signs would have to be brought into
compliance within 60 days. These provisions would not apply
to Outdoor Advertising Displays.
The Planning Commission unanimously recommends approval of the
new sign regulations with one change. The commission indicated
that abandoned signs should be required to be removed. The
attached draft makes abandoned signs prohibited signs in all
districts which would require that they be removed.
Recommended Motion:
Approve second reading of an amendment to Chapter IV, Section 415
of the City Code regulating the use of signs.
• Basis of Recommendation:
1. The current sign regulations are outdated, are confusing and
difficult to interpret.
2. The current regulations contain many inconsistencies and do
not regulate signs in a proper manner.
3. The revised sign regulations have removed the
inconsistencies, reorganized the regulations in a manner that
is easier to interpret and understand and regulate signs in a
manner which would allow businesses to adequately advertise
their business while at the same time providing a good image
to the community.
Alternative Recommendation:
The alternative recommendations are to either not pass revised
sign regulations or to make appropriate changes to the attached
staff recommended sign ordinance and pass a revised ordinance.
Decision Mode:
A public hearing and second reading consideration of the attached
ordinance is scheduled for August 24, 1987. Notice of the public
hearing was published in the Richfield Sun Newspapers. A copy of
the attached ordinance has been provided to the Chamber of
Commerce.
e pect 1Jr/ ubmitted,
• f y
2. es D. Prosser
ty Manager
0
AMENDMENT TO CHAPTER IV
SECTION 415 OF THE
RICHFIELD CITY CODE
0
CITY OF RICHFIELD DOES ORDAIN:
Chapter IV, of the Richfield City Code is hereby amended in the
following respects:
I. Section 415 is hereby repealed.
II. New Section 416 is added to read as follows:
416.01. Regulation of the Use of Signs. Subdivision 1. Definitions.
For the purposes of this section, the terms defined in this subsection
shall have the meanings given them.
Subd. 2. "Abandoned Sign" means a sign which no longer identi-
fies or advertises a bona fide business, lessor, service product or
activitv on the site and/or for which no legal owner can be found._
Subd. 4. "Advertising Siqn" means a sign the primary tunction or
which is to direct attention to a commercial product, commercial
service or commercial activity that is sold, offered, or conducted
either elsewhere or upon the premises where such sin is located, or
to which it is affixed.
Subd. 5. "Area Identification Sign" means a_sign which is used
exclusively to identify any area of common identity such as a neigh-
borhood, a multiple residential development, a multiple commercial or
multiple industrial development. The sign may contain only the name
of the neighborhood or multiple residential_, _commercial or industrial
development.
Subd. 6. "Awni
folded, or collapsed
of a building.
Subd. 7. "Banner" means a sign made of fabric or any nonrigid
material with no enclosing framework.
Subd. 8. "Bench Sign" means any sign which is part of or is
affixed to any bench.
ig" means a hood or cover which can be retracted
and which is attached to and projects from a wal
r
Subd. 3. "Address Sign" means a sign containing only the street
address of the site or building on which the sign is located.
Subd 9 "Business Sign" means a sign that states the proper
name of the business, organization or institution located on the
premises on which the sign is located.
Subd 10. "Canopy Sign" means a sign which is part of or
attached to any roof-like structure, such as awnings, marquees or
mansard roofs, which is a part of or extends from a building.
Subd 11 "Construction Sign" means a temporary non-illuminated
sign announcing the names of architects, engineers, contractors or
other individuals or firms involved with the financing, construction,
sale, leasing, alteration or repair of a building. The sign may also
announce the character of the building enterprise or the purpose for
which the building is intended.
Subd. 12. "Directional Sign," means a sign used for the purpose
of making specific commercial, industrial1 or public and semipublic
locations known and to assist in finding these locations.
Subd 13. "Flashing, Traveling or Changing Message Sign" means a
sign with an intermittent or flashing light source. This shall not
include those components of signs primarily providing public service
information including time, date, temperature, weather and public
events.
its
Subd. 14.
wn struct
"Ground Sig
ures and whic
" means a sign attached to the ground on
is not attached to any building.
Subd 15 "Grade" means the average elevation or level of the
centerline of the closest street which the sign abuts.
Subd 16 "Home Occupation Sign" means a sign identifying any
business operated from a residential dwelling or accessory structure
in a residential zoning district.
Subd 17 "Identification Sign" means a sign identify
owner or tenants of a building or portion thereof.
Subd 18 "Illuminated Sign" means any sign illuminated either
by a light source which is not part of the sign area (Indirect Illumi-
nation) ; or by a source of light which is part of the sign area
(Direct Illumination).
Subd 19 "Institutional Sign" means a ground, wall, canopy or
marquee sign or bulletin board which identifies 'the public institu-
tion, governmental building, church or other place of worship, school,
or charitable organization including chartered veterans organizations
located on the site.
Subd 20 "Institutional Directional Sign" means an off-premise
sign directing persons to the location of an institution.
n
2
Subd. 21. "Motion Sign" means any sign which rotates or has
moving parts, including propeller signs, but excluding banners and
pennants.
Subd. 22. "On-site Directional Sign" means a sign used exclu-
sively to direct pedestrian or vehicle movement on a site. Such sign
may not carry a commercial message but may include a business logo or
symbol.
Subd 23. "On Site Sign" means an advertising sign which is
located upon the premises where the advertised business activity, use,
product, services, '"entertainment, commodities are sold, conducted or
offered and which does not come within the definition of "outdoor
advertising display" as defined in subdivision 24 of this subsection.
On site signs identifying industrial uses may also call attention to
the product, goods, or material which is produced, or assembled on the
premises.
Subd 24 "Outdoor Advertising Display" means an advertising
sign which advertises businesses, uses, products, services, entertain-
ment, commodities or other activities not primarily or exiclusively
sold, offered or conducted at the premises where the sign is located.
The term shall not include the names of businesses, or the products or
services offered by such businesses, having multiple locations under
the same business name if the advertising sign is located on the
premises of the business and does not specifically advertise any other
location.
Subd 25 "Pedestal Sign" is a ground sign erected upon a single
post or shaft, or upon two posts or shafts that merge or touch at the
base, or which are not more than 15 feet apart, center of shaft to
center of shaft, with the display portion mounted thereon.
Subd 26 "Permanent Sign" means any sign designed or intended
to remain at a fixed location for long term use.
Subd 27 "Portable Sign" means a temporary sign designed to be
moved from .one location to another.
Subd 30 "Real Estate Sign" means a temporary sign advertising
the sale or lease of real property.
Subd 31 "Recreational Sign" means an institutional or institu-
tional directional sign which identifies or describes a public
facility providing recreational services.
3
Subd 29 "Promotional Display Device" means any or blimp,
balloon over 18 inches in the largest dimension, equipment or vehicle
not normally associated with the business, or similar devices being
used in connection with the promotion of any event or activity.
W? ?7
E
Subd 32. "Roof Sign" means a sign erected upon or located above
the eave or parapet wall of a building and/or located within the
projected roof area.
Subd. 33. "Sign" means a display
advertise and attract the attention of t
the sign face and the sign structure.
Subd. 34. "Sign Area" means that area of a sign within a single
continuous perimeter enclosing the extreme limits of the actual sign
surface excluding structural elements outside the limits of such sign
which do not form an integral part of the display; or in the case of
wall signs, individual character signs, figures, -symbols or canopy
signs, the sign area shall be the area which is included in the
smallest rectangle which can be made to circumscribe each letter,
figure or symbol displayed thereon. For multi-face signs, the area
shall include the maximum number of single display surfaces visible
from any ground position at one time.
Subd 35. "Sign Face" means the display surface or surfaces
visible from any ground position at any time.
Subd. 36. "Sign Height" means the vertical distance measured
from grade to the highest point of the sign or sign structure.
Subd 37 "Sign Structure" means the footings, supports,
• uprights, bracing, framework and surface material of the sign.
Subd 38 "Temporary Election Sign" means a sign promoting a
political candidate or issue appearing on the official ballot of any
public election.
Subd 39 "Temporary Ground Sign (Fixed)" means a sign which is
supported by posts imbedded in the ground and is designed so as to not
be readily movable.
Subd. 40. "Temporary Ground Sign (Portable)" means a sign which
rests upon the ground, or is mounted on a trailer, and so designed as
to be readily movable.
Subd 41 "Temporary Sign" means a sign not constructed or
intended for long term use.
Subd 42 "Traffic Signs" means all signs, signals and markings,
including street identification signs and all signs authorized or
permitted by Minnesota Statutes, Chapter 169.
Subd. 43. "Wall Sign" means a sign which is attached to or
erected against or painted on the vertical wall of a building or
structure with the exposed face of the sign in a plane approximately
parallel to the face of said wall.
used to announce, declare,
e public. The term includes
4
Subd. 44. "Wind Device" means any device which is designed to
move in the wind. Wind devices include banners, pennants and propel-
lers and balloons 18 inches or less in any dimension.
Subd. 45. "Window Sign" means a sign attached to or painted on
either side of a window which is visible from the exterior of the
building. The term also means a sign located inside the window which
is designed primarily to be visible from the exterior of the building.
416.03. Sign Construction Permit. Subdivision 1. Permit
Required. Except as provided in subdivision 3 of this subsection, it
is unlawful to install, construct, erect, alter, revise, reconstruct
or relocate any sign, as defined in these regulations without first
obtaining a permit from the building official. If the building
official finds that the proposed sign is in compliance with all
requirements of this section, and the zoning provisions of the city
code, a sign construction permit shall be issued. Upon application
for the siqn permit, the applicant shall apply for any required
building and electrical permits.
Subd. 2. Application. Application shall be made on forms
rovided by the building official. The form shall include the follow-
nq information:
• (a) The name, address and telephone number of the
applicant.
(b) The name, address and telephone number of the
person, firm, corporation or other organization
erecting the sign.
(c) The name, address, telephone number and written
consent of the owner of the property.on which the
sign is to be erected.
(d) The exact location of the sign on the site includ-
ing its position relative to buildings, struc-
tures, streets and property lines.
(e) Two copies of sign plans and specifications
showinq the following:
1) number of sign faces
2) sign colors and construction materials
3) ign dimensions
4) type, direction, location and intensity of
sign illumination and name of electrical
contractor
5) method of construction
6) method of attachment to building or ground
7) stress sheets and calculations showing that
the structure is designed to meet the dead
load and wind pressure requirements of the
building code.
5
X79
Subd 3. Sign Construction Permit Exemptions. The following
types of signs are exempt from the requirement of this subsection but
are subject to all other requirements and- standards applicable to
signs:
(a) Temporary election signs
(b) Home occupation signs
(c) Address signs
(d) Identification signs not exceeding two square feet
in sign area
(e) Traffic signs
(f) Garage sale and Estate sale signs
(g) Real estate signs
(h) Signs erected by governmental agencies in the
discharge of their governmental duties
(i) Signs warning the public of hazards such as buried
cable or high voltage lines
(j) Temporary window signs
(k) Institutional Directional Signs not exceeding four
square feet in sign area.
Subd 7 Variance from Terms of Approval Prohibited. No sign
shall be erected, used or maintained in a manner at variance from the
provisions of this code or different from that approved by the
council.
Subd. 4. Permit Fee. The application for a sign construction
permit shall be accompanied by the fee provided in Appendix D of this
code The fee required in this paragraph is separate from and in
addition to any other fees required by this code.
Subd. 5. Approval of Sign Permit Applications. Upon presenta-
tion of application, permit fee, plans and specifications and other
required information, the sign construction permit shall be issued by
the building official, except as provided in subdivision 6 of this
subsection.
tt w ? r
orders or rules and regulations adopted or issued or issued by the
city enforcement officials pursuant to the provisions of this part
shall be enforced in the manner provided in Section 320 of this Code.
Similarly, persons aggrieved by any order or rule or regulation may
appeal in accordance with the provisions of Section 320 of this Code.
0
6
Subd 6 Special Approval from Council. In the case of an
application for a sign of unusual height, or location, the manager
shall refer such sign to the council for approval. No permit for any
such sign, so referred, shall be issued without first obtaining the
approval of the council.
416.05. Sign Installer License. Subdivision 1. License
Required. No person shall engage in the business of erecting signs
until licensed by the city council to do so. No such license shall be
required for the erection of signs exempt from sign construction
permits.
Subd. 2. Application. Application for a sign installer's
license shall be made to the city clerk upon such forms as required by
the city. The license fee in the amount hereafter provided shall
accompany the application.
Subd. 3. License Fee. The fee for a sign installer's license
shall be in the amount provided for in appendix D of this code.
Subd. 4. License Period. The licenses issued under this subdi-
vision shall be for an annual basis running from July 1 through
June 30 of the next year.
Subd. 5. Bond. No permit shall be issued until the licensee has
filed with the city clerk a bond with corporate surety in the sum of
$1000. The bond shall guarantee that the licensee will fully and
faithfully comply with the provisions of this ordinance and other
applicable city ordinances.
Subd. 6. Revocation or Non-renewal of License. The sign
is installer's license may be revoked or not renewed for any violation of
the requirements of this section. The decision to revoke or not renew
a license maybe made by the city after notice to the licensee and a
reasonable opportunity for the licensee to be heard.
416.07. DISTRICT REQUIREMENTS. Subdivision 1. Provisions
Applicable to All Districts.
(a) Signs Prohibited. The following signs are prohibited
in all zoning districts of the city:
(1) Flashing and motion signs
(2) Roof signs, including temporary roof signs, but
excluding promotional display devices
(3) Any sign which obstructs ingress or egress from
any fire escape, winaow or aoor
(4) Any sign located and maintained on or over any
public property except traffic signs and public
directional signs, and signs on benches, bus
shelters and telephone booths
(5) Any sign located, designed or maintained in a
manner which is likely to cause' confusion or
interfere with the visibility of traffic signs,
traffic control devices, crossroads, driveways or
crosswalks.
(6) Temporary ground sign (portable)
7
(7) Searchlights
(8) Abandoned signs
(b) Signs Permitted. The following signs are permitted in
all zoning districts of the city subject to all other applicable
requirements contained in the Code:
(1) Temporary Signs.
(i) Real estate signs which do not exceed six
square feet in sign area if located in
residential districts and 64 square feet in
non-residential zoning districts. One real
estate sign is permitted on the property
being offered for sale or lease. The sign
must be removed within seven days following
the sale, rental or lease of the property.
One additional sign not exceeding six square
feet announcing the open house is permitted
on the property being offered for sale or
lease on the day preceding the open house and
on the day of the open house.
(ii) Garage sale and estate sale signs subject to
the same conditions and restrictions as are
applicable to real estate signs.
(iii) Constructions signs which do not exceed six
square feet in sign area in residential
zoning districts and 64 square feet in sign
area in nonresidential districts. One sign
is permitted and must be located on the
property where the construction is occurring.
The sign must be removed upon completion of
construction. The sign may not advertise any
product or service. A combination temporary
real estate/construction sign cannot exceed
128 square feet in sign area per sign face.
(iv) Temporary traffic control or warning signs.
(2) Address Signs. One address sign is required on
each building or portion of a building with separate address. The
sign must be of sufficient size and located to be clearly visible from
the street on which the address-is assigned.
(3) Institutional and Recreational Signs. Permanent
Ground signs shall not exceed 50 square feet in sign area per face and
25 feet in height and shall be set back at least 10 feet from any
street right-of-way. Temporary institutional ground signs shall be
subject to the provisions found in subdivision 2(d)(7) of this
subsection. Institutional wall, canopy and marquee signs shall not
exceed 24 square feet in total aggregate sign area. Institutional and
recreational signs may not be illuminated if located in residential
zoning districts between the hours of 11:00 p.m. and 6:00 a.m.
8
(4.) Institutional Directional Signs.
(5) Traffic control and regulation signs and public
directional signals.
(6) Signs permitted pursuant to Section 805 of this
Code.
Subd. 2. Specific District Regulations. The following signs are
permitted only in the districts indicated and shall be regulated
according to the requirements herein set forth:
(a) SINGLE AND TWO FAMILY RESIDENTIAL DISTRICTS (R, R-1,
MR-1):
(1) Home Occupation or Identification Sign. One
non-illuminated home occupation sign not exceeding two square feet in
sign area or one non-illuminated identification sign not exceeding two
square feet in area.
(2) Area Identification Sign. One non-illuminated
sign per abutting street not exceeding 24 square feet in sign area and
not exceeding six feet in height. Such sign must not be located
closer than 10 feet from any street right-of-way.
(3) Temporary election signs subject to the following
regulations-
(i) No sign may exceed eleven square feet in area on
one side. Signs shall not be designed to have
more than two sides.
(ii) No sign may be placed earlier than the Saturday
closest to 90 days before the general, special or
school election to which the sign relates.
(iii) All signs must be removed from display no later
than four days following the election to which
they relate. Signs relating to unsuccessful
primary election candidates shall be removed
within four days following the primary election.
iv) In addition to the other remedies available to the
City under this code, any sign remaining on
display beyond the times specified in subparagraph
(iii) of this paragraph is deemed abandoned to the
City and may in the City's discretion be removed,
destroyed or otherwise disposed of.
(v) It shall be the responsibility of the sign owner,
the property owner, and in the case of a single
family residence, the occupants, to comply with
the provisions of this paragraph.
9
(vi) No such sign shall be placed or maintained without
0 the prior approval of the property owner, and in
the case of a single family residence, the occu-
pant.
(vii) No sign shall be located closer to the traveled
roadway than 10 feet behind the nearest curb.
(viii) No sign shall be located within the 50 foot
triangle of the street intersection.
(b) MULTIPLE FAMILY RESIDENTIAL DISTRICTS (MR-2, MR-3):
(1) Identification Signs. One wall sign is permitted
per building not exceeding 12 square feet in sign area.
(2) Home Occupation Signs. One non-illuminated sign
per building not exceeding two square feet in sign area.
(3) Area Identification Signs. One freestanding sign
not exceeding 24 square feet in sign area or 4 feet in height is
permitted per area with 3 or more residential buildings. Such signs
shall not be closer than 10 feet from any street right-of-way and not
closer than 50 feet from any street intersection.
(4) On-Site Directional Signs. Such signs may not
exceed three square feet in sign area and if freestanding may not be
more than four feet in height.
(5) Temporary Ground Signs other than those described
in subdivision l(b)(1) of this Subsection may be located only on
property owned by a church, school, or non-profit cause or veteran's
organization.
(6) Temporary election signs subject to the same
regulations contained in subdivision 2(a)(3) of this Subsection.
(c) NEIGHBORHOOD BUSINESS DISTRICTS (C-1):
(1) Identification Signs. One wall sign is permitted
per building. The sign may not exceed six square feet in sign area
and may identify only the building address and the names of the
businesses located in the building.
(2) On-site Directional Signs. Such signs may not
exceed three square feet in area and if freestanding shall not exceed
four feet in height.
(3) Ground Signs. One freestanding sign not exceeding
50 square feet in sign area and 27 feet in height is allowed for each
building This limitation shall include all types of freestanding
• signs except traffic and directional signs. A minimum vertical
clearance of 14 feet is required for any such sign located within 25
feet of any street or driveway intersection or at any other location
10
where pedestrian or vehicle traffic is required to pass under the
sign.
(4) Wall, Canopy and Marquee Signs. The total sign
area for all such signs may not exceed 15 percent of the total wall
area of the portion of the wall of the building to which they are
attached. In the case of multiple occupancy, the total area of wall,
window, canopy or marquee signs which each occupant may erect will not
exceed 15 percent of the exterior wall of the portion of the building
occupied by that occupant and to which the sign is affixed.
(5) Window Signs. The total sign area of such signs
shall not exceed 30 percent of the area of the window they are
attached to or displayed from.
(6) Projecting Signs. One projecting sign not exceed-
ing six square feet in sign area may be erected for each occupant.
Such sign shall have a minimum vertical clearance of eight feet and
shall project no more than four feet form any wall and shall be
rigidly affixed to its supports and the building. If illuminated,
such sign may utilize only indirect illumination.
(d) GENERAL COMMERCIAL AND INDUSTRIAL DISTRICTS (C-2, and
I)
(1) Identification Signs. One wall sign is permitted
per building not exceeding six square feet in sign area. The sign may
identify only the building address and the names of the businesses
located in the building.
(2) On-site Directional Signs. Directional signs are
permitted which do not exceed three square feet in sign area and if
freestanding do not exceed four feet in height.
(3) Ground Signs. The total sign area for all free-
standing signs except traffic and directional signs on any property
shall not exceed 200 square feet in sign area and not more than 27
feet in height. A maximum vertical clearance of 14 feet must be
maintained below any freestanding sign located within 25 feet of any
intersection of a driveway with street right-of-way, or at any other
location where pedestrian or vehicle traffic passes under the sign.
(4) Wall, Canopy and Marquee Signs. The total sign
area for such signs will not exceed 15 percent of the total wall area
of the portion of the wall of the building to which they are attached.
In the cases of multiple occupancy, the total area of wall, window,
canopy or marquee signs which each occupant may erect will not exceed
•
11
(5) Window Signs. The total sign area of such signs
shall not exceed 30 percent of the area of the window they are
attached to or displayed from.
0
(i) Fixed Temporary ground signs, banners, wind
devices attached to any structure, vehicle,
equipment or inventory and constructed of
canvas, plastic material, cloth, rubber or
other combustible material with or without
framework; shall be strongly constructed and
shall be securely attached to their supports.
They shall be removed (including all frame-
work and supports) as soon as damaged or
torn.
(ii) There shall not be more than one fixed
temporary ground sign on any building front-
age.
(iii) No fixed temporary ground sign, banner, wind
device, or promotional display device shall
project over public property or right-of-way.
(iv) No fixed temporary ground sign, banner, wind
device or promotional display device shall be
located in the city without first obtaining a
permit therefor from the building official.
The building official may impose conditions
upon the granting of such permit including
the size of such sign or devices. It shall
be unlawful to locate or maintain any such
sign, banner or device for a longer period or
in a different manner than that specified in
the permit. No such permit shall be for a
period of more than 7 days. No more than 3
permits shall be issued to any business
organization or institution within any
calendar year. No such permit shall be
granted where such fixed temporary sign,
banner, or device is prohibited by other
provisions of this code. Permits required by
this subdivision are subject to the minimum
fee contained in Appendix D. The fee
required under Subsection 416.03, subdivision
4 for the sign construction permit may be
waived by the city council if the sign,
banner, or device is to be erected by
nonprofit civic or religious institutions or
by public bodies.
12
(7) Banners, Wind Devices, Promotional Display Devices
and Fixed Temporary Ground Signs subject to the following standards:
71.17- /?
(8) Offsite Directional Signs. In addition to the
signs permitted by the preceding provisions a
hotel, restaurant or shopping center located on
property having frontage on a freeway (I494, 135W,
Crosstown Highway 62, and Trunk Highway 77) may
have offsite directional signs on other property
abutting upon a freeway if the council grants a
permit therefor. The application for such permit
shall be made to the building official and shall
contain such information as to establish the
necessity of such sign. No such permit shall be
issued until after the City Council has conducted
a public hearing on the matter. Published and
mailed notice of the public hearing shall be
provided to property owners within 350 feet of the
site where the sign is to be located at least 10
days prior to the date of the public hearing. The
council shall not grant such a permit unless it
determines that the following conditions will be
met.
(i) The offsite directional sign shall be located
on C-2 general commercially or I general
industrially zoned property.
(ii) The sign is directional only, indicating
. which exit from the freeway should be used.
i
(iii) That there are conditions present on the site
which obscure the visibility of the site and
make it difficult for a motorist to determine
how to get to the site.
(iv) Such sign shall have a sign area of no more
than 100 square feet in area and be no more
than 27 feet in height.
(v) That the design of the sign and lettering
thereon shall be simple and easily read,
containing a minimal number of words with no
unnecessary decoration or pictures.
(vi) That the offsite directional sign will not
conceal or obscure or otherwise adversely
impact other buildings or signs in the area.
(vii) That the offsite directional sign will not
have an.adverse impact traffic safety.
(e) PLANNED UNIT DEVELOPMENTS. Only the signs shown on the
approved PUD plan shall be permitted.
13
416.09. OUTDOOR ADVERTISING DISPLAYS. Subdivision 1. Permit
Required. No new outdoor advertising display may be established in
the city unless a permit is first obtained. Permits may be issued by
the City Council only after a public hearing preceded by the giving of
10 days notice mailed to the owners and occupants of all properties
located in whole or in part within 660 feet of the proposed outdoor
advertising display. Failure to comply with this notice requirement,
however, shall not invalidate the proceedings. The council may attach
conditions upon the granting of any permit.
Subd. 2. The following regulations apply to all outdoor adver-
tising displays within the city:
(a) Outdoor advertising displays are permitted only in the
C-2, PC2, I and P1 districts of the city.
(b) An outdoor advertising display may not exceed 750
square feet in sign area per face.
(c) An outdoor advertising display may have no more than
two sign faces.
(d) All outdoor advertising displays will be freestanding
signs either supported by a single or double column or some other
support which has all structural and support members screened from
view from all directions.
(e) Outdoor advertising displays may not be located closer
than 1,000 feet apart as measured along the same side of the same
roadway.
(f) The sign face of outdoor advertising displays must not
be visible from the boundary of any residentially zoned property which
is located entirely or partially within 300 feet of the sign face.
(g) Outdoor advertising displays may not be located within
300 feet of any school or church.
(h) Outdoor advertising displays must comply with the
setback requirements for buildings in the zoning district in which
they are located. Any variance from those requirements will be
subject to the procedure established in the zoning code for such
variances.
(i) No outdoor advertising displays may exceed 27 feet in
height above the ground level of the. nearest street towards where it
faces The council may permit an increase in the allowable height to
a maximum of 48 feet in the event that the following findings are
made.
(1) As a result of unique circumstances, a sign 27
feet in height could not be located on the premis-
es so as to be visible from the abutting street
which it faces or that the visibility of the sign
14
from such street could be substantially obstruct-
ed.
(2) The increased height of the sign would be unlikely
to have any adverse or detrimental impact upon
traffic safety, pedestrian safety, aesthetics, or
the value of other properties within the area.
(j) No outdoor advertising display may exceed 65 feet in
length.
(k) Outdoor advertising displays shall not be closer than
660 feet from the right-of-way of any freeway within the city (includ-
ing Highways 35-W, 494, .62 and 77). No "traveling" or changing
message sign shall be located sb as to face any freeway or be visible
from the freeway. Any outdoor advertising displays legally located
within 660 feet of any such freeway at the time of adoption of this
provision may be replaced, subject to compliance with the other
provisions of the part and subject to the limitations hereinafter
contained, either in the same location or at another location along
any such freeway provided that such alternate location is first
approved by the council. The council may approve a relocation if it
finds that the relocation will lessen any adverse impact of the sign
upon traffic safety and aesthetics.
• (1) A permit shall not be issued for any new outdoor
advertising display if such outdoor advertising display would be
within 300 feet of any other such outdoor advertising display already
in existence in the interior of the same city block or its equivalent
area.
-Subd 3 Nonconforming Outdoor. Advertising Displays. Outdoor
Advertising Displays lawfully erected and located on the effective
date of this subsection may continue subject to the following limita-
tions:
(a) Except as provided in Subdivision 2, paragraph (k) of
this subsection, no nonconforming outdoor advertising display may be
expanded, rebuilt, relocated or altered without being brought into
conformity with the requirements of this ordinance. This provision
shall not apply to the following circumstances.
(1) The rebuilding of an outdoor advertising display
which sustains damage the repair of which in the
opinion of the building official will cost less
than 50% of the replacement cost of physical
structure prior to the damage.
(2) Nonstructural alterations or modifications
designed to improve the appearance of the sign and
changes of the sign face.
n
LJ
15
*? i?7
. (b) Any outdoor advertising display which is not used for
advertising purposes for a period of more than two years shall be
deemed abandoned and must be removed by the owner of the parcel on
which it is located.
416.11 CONSTRUCTION, DESIGN, LOCATION AND MAINTENANCE OF SIGNS.
Subdivision 1. All Signs; Construction, Design, Location and Mainte-
nance. Every sign shall conform to the standards of this part whether
or not a permit therefor is required, and nothing contained herein
shall be construed as modifying or repealing any of the provisions of
this code relating to zoning. No sign shall be so located as to
obscure or tend to obscure any existing sign. The following addition-
al requirements are to be observed:
(a) Where portions of a sign are subject to different
classifications, each portion shall meet the requirements of its
classification.
(b) All signs and sign structures shall be maintained in a
safe condition and in a state of good repair at all times. No sign
shall display obscene matter.
Subd. 2. Ground Signs; construction and Design. The following
• standard shall be maintained for all ground signs:
(a) The owner, lessee, or occupant of the land on which the
ground sign is located, and the owner of the sign, shall keep the
property on which the sign is located free of long grass, weeds or
other rank grown, rubbish or debris.
(b) All parts of ground' signs, shall be designed for wind
pressure of not less than 30 pounds per square foot, and permanent
ground signs of wood construction shall have all members which extend
into the ground protected from decay by treatment with a preservative
as required by the building code.
(c) Pedestal signs permitted by the zoning regulations of
the city and by this part may be located adjacent to the right-of-way
of a street or highway, but no part thereof shall extend over the
right-of-way.
(d) The minimum clearance of any sign from unprotected
electrical conductors (whether poles or other installations) shall be
not less than 36 inches for conductors carrying not over 600 volts,
and 48 inches from conductors carrying more than 600 volts.
Subd 3 Projection Signs; Construction and Design. The follow-
ing standards shall be maintained for all projection signs:
16
(a) All portions of projection signs shall be designed for
a wind pressure of not less than 30 pounds per square foot.
(b) Such signs shall not project over public street right-
of-way, but may project over sidewalks located on private property
such as shopping center sidewalks. No such sign shall be less than 12
feet above the level of the sidewalk; provided that such signs which
do not exceed four square feet, and which do not project more than two
feet over the sidewalk may be eight or more feet above the sidewalk.
(c) The building or structure from which any such sign
projects and all attachments or fastenings must be so constructed as
to safely resist the dead load and the wind load added by the attached
sign. The sign must be rigidly attached to its supports.
(d) All such signs shall be of non-combustible materials,
or of fire retardant construction.
Subd. 4. Wall Signs; Construction and Design. The follow
standards shall be maintained for all wall signs:
(a) No wall sign shall have a projection over a private
sidewalk or an established building line of more than 12 inches.
(b) The materials, construction and attachment of any such
sign shall conform to the requirements of the building code.
. Subd. 5. Nonconforming Signs.
(a) Any sign prohibited by this ordinance or not in confor-
mance with the standards, requirements and provisions of this ordi-
nance, which was lawfully erected and maintained prior to this ordi-
nance, shall be defined as a nonconforming sign.
(b) Except as provided in Subsection 416.109 subdivision 3
all nonconforming signs shall be removed or brought in conformity wit
this ordinance within the following time periods:
1. Any nonconforming temporary sign: within 60 days
of the adoption of this ordinance.
2. Any nonconforming permanent sign: within five (5)
years of the adoption of this ordinance.
(c) Nothing in this ordinance shall relieve the owner or
user of any nonconforming sing or owner of the property on which the
nonconforming sign is located from maintaining the sing in a manner
consistent with the provisions of this ordinance.
(d) Nonconforming signs shall not be expanded, rebuilt,
relocated or altered other than -to change the copy 'without being
brought into compliance with the requirements of this ordinance.
Nonstructural alterations or modifications designed to improve the
appearance of the sign which do not increase the sign area are permit-
ted.
.
17
P? 1-7- Z1
(e) Whenever use of a nonconforming sign has been discon-
tinued for a period of two years, such use shall not thereafter be
resumed unless it is in conformance with the provisions of this
ordinance.
Passed by the City Council of the City of Richfield, Minnesota
this day of , 1987.
John N. Hamilton, Mayor
? 60
•
ATTEST
Thomas Ferber, City Clerk
00550D05.E14
18
?lo
W;
CITY OF RICHFIELD, MINNESOTA
Council Letter No. 255
Agenda August 24, 1987
Issue Statement:
Ordinance Amendment Providing for a limit of the number of on-
sale non-intoxicating malt liquor licenses issued in the city.
Background:
It has been determined that it is important that the City Council
be able to regulate the sale of both intoxicating and non-
intoxicating alcoholic beverages by limiting the number of on-
sale licenses issued to establishments for both intoxicating and
non-intoxicating liquor beverages. The present ordinance code
limits the number of intoxicating liquor licenses to seven (7),
and the number of on-sale wine licenses to nine (9). There is
presently no limit to the number of on-sale non-intoxicating malt
liquor (3.2 beer) licenses that can be issued in the city.
Therefore, in order to be more consistent in the licensing
procedure of establishments for on-sale alcoholic beverages, an
ordinance has been prepared that would provide for a definite
number of available on-sale non-intoxicating malt liquor
licenses. The ordinance provides that the number be limited to
• nine licenses, the number of licenses currently held in the city.
At the July 27, 1987 city council meeting, the city council gave
first reading approval to this ordinance amendment and scheduled
second reading and the public hearing for the August 24, 1987
meeting.
Recommended Motion:
Approve an amendment to Chapter XII, Section 1210.07 of the city
code to provide for the issuance of no more than nine on-sale
non-intoxicating malt liquor licenses in the city.
Basis of Recommendation:
1. This ordinance amendment would be consistent with the
ordinances regulating the licensing of wine and on-sale
intoxicating liquor.
2. The ordinance would provide more control over the issuance of
these licenses
Alternate Recommendation:
1. Let the ordinance remain as it is and not set any
limit on the number of on-sale non-intoxicating liquor
licenses available.
2. Allow a higher number of licenses available, to be
set at the discretion of the City Council.
0
01 Decision/Discussion Mode:
This ordinance has been placed on the August 24, 1987 city
council agenda for the public hearing and second reading. If the
ordinance is approved by the city council, it will become
effective 30 days after publication in the official newspaper.
jJes ct 1 ubmitted,
D. Prosser
Manager
JDP/eja
is
0
ORDINANCE NO.
AN ORDINANCE AMENDING
SECTION 1210.07 OF CHAPTER XII
OF THE CODE OF CITY ORDINANCES
The City of Richfield Does Ordain:
??
Section 1210.07 of the Code of City Ordinance is hereby amended
by changing Subdivision 1;
Subd. 1. On-sale licenses: On-sale licenses may be
granted only to restaurants, hotels, clubs and
establishments having food licenses, provided that no
nonintoxicating malt liquor manufacturer or wholesaler
has any interest in such business. Such licenses are
for retail sales of nonintoxicating malt liquor only.
No more than nine "on-sale" licenses may be issued.
Passed by the City Council of the City of Richfield, Minnesota
this day of , 1987.
John Hamilton, Mayor
ATTEST:
Thomas Ferber, City Clerk
11
• CITY OF RICHFIELD, MINNESOTA
City Council Letter No. 254
August 24, 1987 Agenda
Issue Statement:
Public hearing and second reading consideration of an ordinance
amendment to set a minimum lot depth requirement of 100 feet for
a subdivided lot.
Background:
During the hearings and discussions which have been held
concerning the subdivision request at the site at 7234 14th
Avenue, concerns were expressed by the Planning Commission that
the city should have minimum lot depth requirements as well as
minimum lot width and minimum lot area requirements. As a
response to those concerns, staff drafted the attached ordinance
which would set minimum lot depth requirements for properties
which are being subdivided. The ordinance amendment provides:
"The subdivision of a lot of record as of the effective date
of this ordinance shall be deemed to meet the minimum lot
size requirements provided that all existing and new lots
created have a minimum lot area of 6750 square feet, a
minimum lot depth of 100 feet and a minimum lot width of 50
feet."
• The Planning Commission reviewed this ordinance and unanimously
recommended its approval.
The City Council gave first reading approval to the attached
ordinance on July 27, 1987.
Recommended Motion:
Approve second reading of an amendment to Chapter III, Part IV of
the ordinance code of the City of Richfield providing for minimum
lot size requirements for subdivided lots.
Basis of Recommendation:
1. The attached ordinance would set minimum standards for lot
depth, lot width and lot area for lots that are being
subdivided. These standards would not apply to existing
lots, only to those lots being subdivided.
2. The ordinance is an attempt to answer the concern that the
lots that are created by subdividing are too small and not
in character with other lots in the city. By setting a
minimum lot depth requirement of 100 feet, it would be
consistent with the existing lot depth provision concerning
building on existing lots of record which is found in Section
3.30, subdivision 4, paragraph E.
3. The minimum lot area requirement of 6750 square feet and the
minimum lot width requirement of 50 feet are consistent with
existing standards in the "R" Residence District. This new
• provision would apply only to the "R" single family residence
district and not to other zoning districts in the city,
including the "R-1" single family residential district.
Alternative Recommendation:
The alternative recommendation would be to not approve the
ordinance change at this time and rely on the existing minimum
lot width and lot area requirements or to set a minimum lot depth
requirement different from what is proposed in the attached
ordinance.
Decision Mode:
A public hearing on this matter is scheduled for August 24, 1987.
Notice of this public hearing was published in the Richfield Sun
Newspaper.
Respectfully submitted,
Ity D ..pzosser
Manager
JDP/dkh
LJ
J
BILL NO.
ORDINANCE NO.
AMENDMENT TO CHAPTER III, PART IV
OF THE ORDINANCE CODE OF THE
CITY OF RICHFIELD
CITY OF RICHFIELD DOES ORDAIN:
Chapter III, Part IV of the 0_rdinance Code of Richfield entitled
"Zoning Regulation" is hereby amended in the following respects.
The following new paragraph (f) is added to Section 3.30,
Subdivision 4:
(f) The subdivision of a lot of record as of the effective date
of this ordinance, shall be deemed to meet the minimum lot
size requirements provided that all existing and new lots
created have a minimum lot area of 6750 square feet, a
minimum lot depth of 100 feet and a minimum lot width of
50 feet. When computing lot area, lot width and lot depth
the area which is unencumbered with street,alley or highway
easements shall be used.
Passed by the City Council of Richfield this day of
, 1987
(4L
John Hamilton, Mayor
ATTEST:
Thomas P. Ferber, City Clerk
114
s
CITY OF RICHFIELD, MINNESOTA
Council Letter No. 253
August 24, 1987
• Issue Statement:
Continuation of the public hearing on the special use permit
request by Davanni's Pizza at 2312 West 66th Street
Background:
Mr. Mick Stenson, President Davanni's Pizza, has requested the
city to grant a special use permit for the expansion of their
restaurant with wine license at 2312 West 66th Street. The
expansion involves an additional 1,100 square feet of space to
increase the seating capacity from 56 to 96.
The restaurant is located on the southwest side of the Penn
Shopping Center building. The shopping center is located in C-2
general commercial district and a restaurant serving liquor is
permitted with a special use permit.
The City Council, on August 10, 1987, continued the public
hearing on the subject at the request of the applicant.
Zoning Ordinance Requirements:
1. Section 3.32, subdivision 4, indicates the setback
requirements in C-2 general commercial districts.
2. Section 3.33, subdivision 4, outlines the regulations
relating to restaurants in C-2 general commercial districts.
3. Chapter 11 of the City Ordinance outlines the liquor license
• requirements.
Approve the special use permit for a restaurant serving beer and
wine at 2312 West 66th Street with the following stipulations:
1. That the proposed improvements would meet all the building
and fire codes.
2. That the total number of seats can not exceed 96.
3. That the curb cuts be 26 feet.
4. Section Recommended 3.41, Motion: subdivision 5, outlines the conditions
governing the issuance of a special use permit.
Basis of Recommendation:
1. There would not be any structural or exterior change in the
building. The total building area of the shopping center is
35,453 square feet on a 142,646 square foot site. The
proposed use would occupy 3,208 square feet. The remaining
portion of the building is used for retail businesses. The
building meets all the setback requirements.
is Penn Shopping Center is 205 which is 28 spaces more than
2. There is a total of 177 parking spaces available on the site.
The retail use requires 162 parking spaces and the restaurant.
with wine and beer use would require 43 parking spaces..
Therefore, the total number of parking spaces required at the
currently available.
There are only 21 parking spaces available at the southside
of the building. The intersection improvement at 66th Street
and Penn Avenue has resulted in the loss of a row of parking
along 66th Street. A number of other users besides Davanni's
are located in the southside of the building who would be
using these parking spaces. There is sufficient space at the
• south side of the parking lot to provide for additional
parking if necessary. The applicant indicated that there has
not been any parking problems for the customers coming to the
shopping center. It is staff's opinion that there seems to
be adequate parking in the whole site. The proposed
restaurant expansion is occurring within the existing
structure and should not generate a significant increase of
traffic to the center which would require additional parking.
3. There are three curb cuts that provide access to the shopping
center. The curb cuts on Penn Avenue are only 18 feet
according to the site plan and would not meet the minimum
width requirement of 26 feet. The curb cut on 66th Street is
32 feet. It would be desirable that the curb cuts on Penn
Avenue be brought to conformance with city requirements to
meet the Penn Avenue/66th Street public improvement goals.
4. The shopping center parking lot is mostly blacktopped without
any landscaping. The rear of the building is adequately
screened from the abutting residential property.
5. The Comprehensive Development Plan designates the site for
mixed land use development. The existing uses including the
restaurant is permitted in that district.
Alternative Recommendation:
• The City Council may deny the special use permit since the two
curb cuts do not meet the minimum width requirement, also there
is a potential shortage of parking due to the proposed expansion.
However, it may not be justifiable to deny the special use permit
to Davanni's for such reasons since issues and concerns are more
related to the overall shopping center. In order to deny the
special use permit the City Council would have to establish
findings of fact indicating that the proposed expansion would
have an adverse impact on residents living or working in the
surrounding neighborhood.
Decision Mode:
Continuation of the public hearing is scheduled before the City
Council at 7:00 PM, on Monday, August 24, 1987 for council action
on the request.
,,...Respectfully submitted,
Itmes D. Prosser
Manager
JDP/dkh
0
0
A
O
n N
JJA _ P P P P P P
XERXES AVE.
WASHBURN
`•.';: _ .._-C?.?. ; -_-_r .. =? VINCENT
UPTON
THOMAS
'.r-.-y. ..""-'-•. .. =c -_. -.-__-I SHERIDAN
RUSSELL
"•`•-`-.'r-.."^T `•"'..'.? i. _ OUEEN
r=4Yw.?.•'+,.. _ PENN AVE
OLIVER
?• ':'T.."-••--•-i -~C _- ==1 NEWTON
MORGAN
PENN AVE. S. ?`?J=_==^-_-? LOGAN
KNOX
i'
JA J. L-
IRVING gVING
HUMBOLDT
-- ?- 1. HUMBOLDT
GIRARO GIRARO
FREMONT
FREYOf/T
EVERSON
O EMERSON
DUPONT c •I ?; I DUPONT
COIfAX ? ?j ? ??> - 7 COLFAX
BRYAN? x
BRYANT N
ALDRICH
LYNOALE AVE. ALDRICN
• iu?_?U-'I????• ` :'! 5
?? I ^ C LYHOALE AVE. `
GARFIELD 1
IL?J?= GARFIELD rf?
?
HARRIET
L---j ??) r HARRIET v'
GRAND GRAND
PLEASANT G ._
PILLSBURY I_e'L.-._.1.__ .-.tt PLEASAIR'
f'.
I..........
O?J ?j?`rl I PILLSBURY 0)
1- 1?-?1 ?,?} 11
WENTWORTH ?11`,-????`???? WENTWORTH
BLAISDELL
' ` r' Ire ??? -? III BLAISDELL i
N iCOLLET AVE. cl ' r N-COLLET AVE.
co
1s lot
STEVENS STEVEN.
xA. ---?.i Z.. m
3,4 3,d m
CLINTON CLINTON
stn Bt.
==F7 OCr?CI
PORTLAND AVE. PORTLAND AVE
OAKLAND w;?????^?r--?J???` 'i VuZ-j I
L_1 OAKLAND
PARK s PARK
COLUMBUS ??y (?????, ???--?1?•I-?????L--J r l COLUMBUS
CHICAGO ?'•'?`-'?U?-'U-?i it ??--U? w a II CHICAGO
ELLIOi _ ELLtOT
IOM iI. BO to
'• ii II /-1 l'-11 11 rn
1l In 1'u ?????• '?? _?L-?^ `_??? 13111
IS to I_-?-? y"- IS th
BLOOMINGTON BLOOMINGTON
lath
lath k ,^
CEDAR AVE --? y _ -----=---i = ?•?- CEDAR AVE.
LON G F E l LOw _ _ _ _ _ _
LONGFELLOW
19th
m am _ m o a u B CI 117-1 torn
i t7 C)
C . O
' 2 Cr7 `1
'Z
22.4
STANDISH
?? 23 r0
-1
y -1
? P P P T
l
0
D
0
Z
TD
V
N
Site Plan
2312, 2314 WEST 66TH STREET
296 65TH STREET
11
977TI 77171-7 [EMBERS
UTIUTIV 181
•
Q
N
EXISTING
® DAVANNI'S
M PROPOSED
EXPANSION '
r
C 125
em
Z 142 531
I
m -- ---
) 32'
447
m
z
z
a
z
c
m
373 RRTW CTGIFI=T
65TH
T_
Z
64T.- ST. W.
C
m
r
r
D
m
N
i5 112 ST. y
I I
Zoning Map
2312 WEST 66TH STREET
ui
W
>
Q
Z
Z
W
a.
IIII
w
Q
W
J
O
Z ---- ? INDUSTRIAL
__;COMMERCIAL
?.MR
IMF
^? ----- MR-1
67TH ST. W.
I- 1 r ?i ?? ? MR-2
ST. W.
66TH ST. - W.
.
64T :r-. s W.
,:??: CN
m
r
r
m
65TH
Z
ST. W.
FCand Use
2312 WEST 66TH STREET
65 tit Si
rr. Ica
vi
w
Z
Z
W
CL.
III
vi
LU
a
z
w
w
0
br"IH b1. W.
LA
w
a
w
w
0
COMMERCIAL
?t??,'.'?, SCHOOL-
APARTMENT
EIDUPLEX
66TH ST. " W.
641H J1
COMPREHENSIVE DEVELOPMENT PLAN
2312 WEST 66TH STREET / " ?o
N
r ; :;
rn
V;
w
a
uu
O
ST. W.
?O
65 112 S7. W.
a
MIXED LAND USE
INSTITUTIONAL
MEDIUM DENSITY/BUFFER
?d
?d
67TH ST. W.
--------- •::
... .............
.........::::::.
.....:..:::...
................
. ...............
............
... ............
.......... ....
.. ............
.. .............
.......... ....
.. ... ......
.......... ....
..... ..........
.......... ....
31
N .•.'.
:•
•
•
:
.
.
•. • ..
: :
.:•.. :•.
w
66TH ST. W.
............
. •
.....
...
.. ....
.. :•::
vi
w •:::.• •:•.•:: .L
Q :::..•:,:•. ..
z :•.•.
..
.:•:
..............
. . . • .. : .•.•.'. .'.•
..........
L•:
I ?.
;.:.....:.:
65TH
y_ 7
1 1 1 ..
PIZZAL & H(Yr H01%C'11ES
'REG. U.S. GAT. l TN OFF.
5957 West 37th Street Minneapolis, MN 55416 Telephone (612) 929-1650
TO: City of Richfield
FROM: Mick Stenson, President
RE: SPECIAL USE PERMIT
DATE: June 18, 1987
------------------------------------------------------------
In 1979 when Davanni's originally opened under the name
Pontillo's Pizzeria, we had seating for 67 people. Since
1979 we have made alterations to the seating arrangement to
address operational concerns and our present seating is 66.
We would like to take on 1100 square feet of space,
which would allow us to raise our seating capacity to 92-
96 seats, depending on final design.
For your information, beer and wine are a very small
portion of our business. Our total receipts from beer/wine
is 2.2% of sales with wine making up .6% of that total.
To my knowledge, we have never had a shortage of parking
within the center or on our side of the center. Furthermore,
with the present tenant,(Cost Cutters) moving to the other
side of the center, we will be displacing the number two user
of parking spaces on our side. This should leave adequate
space for our customers and not cause any problems for
adjacent properties. A
CITY OF RICHFIELD, MINNESOTA
Council Letter No. 252
?• Agenda August 24, 1987
Issue Statement:
Approval of a Memorandum of Understanding between the Police
Officers Federation and the City of Richfield on Health Fitness
Leave Incentives.
Background:
The city staff and representatives of the Richfield Police
Officers Federation have fashioned a Health Fitness Program. The
program as proposed is based on the FBI's Focus-On-Fitness
Program. Components of the program are designed to insure that
police officers are capable of professionally performing daily
assignments without undue risk of injury or fatigue and possess
enough reserve energy to address recreational and other personal
needs. The exercise program will increase a participant's
cardiovascular respiratory system (good aerobic capacity),
promote moderate to low levels of body fat, and develop adequate
levels of muscular strength, flexibility and endurance.
The Health Fitness Program will consist of seven steps as
outlined below:
1) Medical screening
2) Assessment
3) Goal setting for individual improvement
4) Exercise prescription and nutrition information
5) Education and motivation
6) Follow-up monitoring for the individual's progress
7) Organizational support
The program is voluntary and to encourage participation, the
Police Division has proposed the following incentives:
1) Pay back obligation. With the current police schedule
of 6 days on, 3 off, an officer or agent will not work
a full 2080 hours during a year. The officer ends up
owing approximately 9 hours each schedule period. This
will be forgiven with successful participation in the
program. Currently, the nine hours are typically paid
back through training and/or assignments.
2) Those officers/agents who do not work fixed shifts may,
with approval of their supervisor, interrupt their
shift for an hour to "workout" and then extend the
shift to work his/her 8 1/2 hours.
3) Holiday leave conversion. A police officer/agent
who participates may convert .7 hours of holiday leave
each payroll period, to be credited twice a year into a
Health Fitness Leave Bank. The officer/agent may use
this leave any time upon normal department leave
approval.
J- f l
The Police Officer's Federation has voted to approve the Health
Fitness Incentive Program.
Recommended Motion:
Approve the Memorandum of Understanding with the Richfield Police
Federation for the calendar year of 1987.
Basis for Recommendation:
1. Incentives will encourage officers/agents to participate in
the fitness program.
2. The program is designed to promote good physical fitness,
which will reduce the possibility of injury on the job and
ultimately reduce workers' compensation costs.
3. Good physical fitness may also improve morale, productivity,
and reduce the use of sick leave.
Alternative Recommendation:
Do not approve the Memorandum of Understanding.
Discussion/Decision Mode:
This item has been placed on the consent calendar of the August
24, 1987 city council meeting for council approval.
M Respectf lly?submitted,
mes D. Prosser
Ciity Manager
JDP/eja
"j-e''e-
MEMORANDUM OF UNDERSTANDING
BETWEEN
THE CITY OF RICHFIELD
AND
THE RICHFIELD POLICE OFFICERS FEDERATION
AFFILIATED WITH LAW ENFORCEMENT LABOR SERVICES
FOR THE CALENDAR YEAR 1987
By mutual agreement for 1987, a voluntary Health Fitness
Incentive Program is established with the following provisions:
Section 1 - Definitions
a) Successfully participates in the voluntary Health
Fitness Program shall mean:
1) Completion and submission to the Department
Training Officer of an individual work log.
2) Minimum of twelve (12) workouts per month
4 0 following the Employee's exercise prescription.
Section 2 - Pay Back Obligation
The pay back obligation for each scheduled period shall be
forgiven for each Officer who successfully participates in the
Health Fitness Program during that period.
Section 3 - Shift Interruption for Workouts
Agents and Officers who are on special assignment, and
administrative personnel who have a basic eight (8) hour day with
flexible hours, may with the approval of their supervisor,
interrupt their shift for an hour to work out at the City's
facility. This is not considered duty time, thus the shift will
be extended to make up for time taken away from duty for
workouts.
Section 4 - Sick Leave Conversion
A successful participant will have the option of converting
seven tenths of an hour (0.7) of sick leave accrual each biweekly
payroll period, credited biannually, consistent with patrol
schedule changes (bid period), into a Health Fitness Holiday
Leave bank. This leave may be used at the participant's
discretion in full shift increments, subject to supervisor
approval. All employees are subject to the maximum Holiday
accrual of 88 hours.
66 FOR THE CITY
FOR THE UNION
140
Administrative Services Director Union President
City Manager Business Agent
Dated this day. of Dated this day of
1987 , 1987
v
• CITY OF RICHFIELD, MINNESOTA
Council Letter No. 251
Agenda August 24, 1987
Issue Statement:
Request for permits for illuminated signs for Kinko's Copies,
708 West 66th Street and Big & Tall, Casual Male located at
6601 Nicollet Avenue.
Background:
City ordinance provides that the city council must approve all
permits for illuminated signs.
Kinko's Copies wish to erect a single faced, illuminated wall
sign. -The sign is to be individual letters placed within the
existing sign band, and measure 2' X 121.
Big & Tall would like to erect both an illuminated wall sign
with a total size of 24 square feet, and a sign band in the
existing double-faced pedestal sign (11' X 811).
Recommended Motion:
Approve the permit for a single faced, illuminated wall sign
measuring 2' x 12' for Kinko's Copies, 708 West 66th Street;
an illuminated.wall sign with a total size of 24 square feet, and
a sign band in the existing double-faced pedestal sign for Big &
is Tall Casual Male, 6601 Nicollet Avenue.
Basis for Recommendation:
1. The Inspection Division and the Planning Division have
approved the signs.
2. The signs conform to all applicable city ordinances.
Alternative Recommendation:
1. Not approve the permits. However, the city has no
alternative design criteria to suggest for substitutes
for these signs.
Discussion/Decision Mode:
This item has been placed on the consent calendar portion of the
8/24/87 council agenda for consideration. The businesses are
requesting action to complete their sign placement.
R spe 11-submitted,
ames D. Prosser
City Manager
0
City Manager . Inspector
Date ! . Date -
°PROVE I)ENY r ?Q ,_• APPROVE DENY?
ae, anni artment City'Council
Date :Date
90ute to above for'special approval per code General Signs
_?
APPLICATION ?
of Richfield,. City G?J?? ? ? ? l.? : (??,'?
Date _Zoning Sign Erected - Yes No Fee
Address of Sign Proprietor Name u ? B S ?
Sign Erector Q Zy $:U Address y/ I(iiv U. .? f
Type of Sign Design Weather Cover Lighting
ais?-?
Wall,
Projecting Single race
Double Face
Ground Multi-Faced
Roof Aerial/Blimp
Pedestal Searchlight
Changeable
Temporary Banner/Pennants
Portable Frame:
Trailer T ? A ? Post ?
If Illuminated
eectrica:l Contractor
Property Owner or his Agent Signatures 4t
Estimated Cost ' Sign zaLk_?
?4
s Phone
ti
Phone'?' 2-_ 60 -
ght ! Total Square Feet -
Position of the advertisement structure in relationship to the adjacent buildings, sidewalks,
curbs, roadways, overhead utility lines, vehicle movement lines, or public facilities on
drawing with significant dimensions and attached hereto of major signs.. Minor signs as
defined on page 2.
Two blueprints of the sign, billboard, or outdoor advertising structure construction plans:
including specifications, list of materials, and explicit anchoring or fastening details
and a copy of the stress sheets, calculati®ns, color of sign structure.
Does the sign copy relate solely to the business, institution, or activity conducted on
the premises?? g__
Will the sign, structure, or billboard restrict any
for safe access by persons destined for or passing
J,
plicant's Signature and Title with Firm
Phone Nupber 94t 6, - 3 o YZ
et 8S PLEASE SEE REVERSE SIDE
Sivert Hendrickson/Building Official - 866-5061
Clear Lexon
Frosted Lexon
Plastic Covered
Shaded
Neon
Other
Sign Colors
No Watts
sight distance under, around, or over
the subject premises? e d
Date • ,,r?_ / :) ,/'; d- 7
FOR SIGN LOCATION SKETCH
Constant
Flashing
Revolving
Traveling
Zip Lite
Other(Explain)
-3- "d"'
PROJECTING SIGN 't
-WIDTH-"'-
LEGEND
WALL SIGN
r?--::IDTH ---?
LEGEND
416#v3- 7,zoD74
ROOF SIGN
WIDTH
Indicate Distance
From. The Building
GROUND -
LEGEND
ROOF
Indicate legend on the
the reverse side in
the space below.
LEGEND
Place location of sign on this sketch with distance the sign is from property lines.
Locate any traffic lights within 300 feet.
DEFINITION: Minor Signs -- Single or double faced sign less than 32 sq. ft.
on a common board
INDICATE
NORTH
LXT/8/83
n
f
<APPROVE. D DENYD: APPROVED DENY:
City Manager Inspector
• Date Date
APPROVE 7)ENY7: _ APPROVE DENY:
• Planning De rtment City Council
Date Date
Route to above for special approval per code General Si s "4
APPLICATION FOR ADVERTISING PERMIT
City of Richfield, . Minnesota
pate: J/ ?7&7 Zoning Sign Erected - Yes No Fee a C`l
9e- Ti9 .t..
Address of Proprietor Name .c eDBA
Sign Erector Address ,.
Type of_ Sign esign Weather Cover Lizhtiniz
Wall, Single. Face
Projecting Double Face
Ground Multi -Faced
Roof Aerial/Blimp
Pedestal Searchlight
Changeable Banner/Pennants
.Temporary Portable Frame:
Trailer T C] A C] Post
Clear Lexon Constant
Frosted Lexon Flashing
Plastic Covered Revolving
Shaded Traveling
Neon Zip Lite
Other Other(Explain)
Sign Colors
Of Illuminatede!!?U'W 'No Watts
Electrical Contractor
Addre
Phone Z S
AX44til -
Property owner or his Agent Siguatur
. Phon 2401 ?
Estimated Cost Sign dt ?weight k.r • Total Square Feet-S/ u?
Q--rol p
Position of the advertisement structure ?ft- A?att hip t tKe adjacent buildings, sidewalks,,
curbs, roadways, overhead utility lines, vehicle movement line's, or public facilities on
drawing with significant dimeusions;'and attached hereto;of major signs. Minor signs as
def ine on page 2.
Two bluaprints of the sign, billboard, *or outdoor advertising structure construction plans:
including ,specifications, list of materials, and explicit anchoring or fastening details
and a copy of the stress sheets, calculations, color/o;, sign structure.
Does"the sign copy relate solely to the business, institution, or activity conducted on
the premises?
Will the sign, structure,. or billboard restrict any sight distance under, around, or over
for safe access by persons destined for or passing the subject premises?
Applicants Signature and Title with Firm
Date 7 h7
"Phone Number
Lkt
1985 PLEASE SEE REVERSE SIDE FOR SIGN LOCATION SKETCH
Sivert Handricksoullazildfng Official - 866-58061
,4PPROVE a DENY : APPROVE ? DENY F1
:
City Manager Inspector
Date Date
APPROVE I)ENY? APPROVE F1 DENY
Planning De artment - City Council
Date g Date
Route to above for special approval per code General Signs
APPLICATION FOR ADVERTISING PERMIT
City of Richfield, . Minnesota
Date Zoning Sign Erected - Yes No Fee
?O
¢ 'T"HGL ...
Address of Sign (4 C.2Q.0011_4-7- Proprietor Name., q , ,c ?-/p DBA
Sign Erector y?c ?-d0a; L2? S Address '7 7 7.h' // ,1_4l AJ
Type of Sign Design Weather Cover Lighting
Wall Single Face
Projecting Double Face
Ground Multi-Faced
Roof Aerial/Blimp -
Pedestal . Searchlight
Changeable Banner/Pennants
Temporary Portable Frame -
Clear Lexon
Frosted Lexon
Plastic Covered
Shaded
Neon
Other
Sign Colors e?-D(
Constant
Flashing
Revolving
Traveling
Zip Lite
Other (Explain)
Trailer LY T C A rl Post C]
f Illuminated - Yes No Watts
40lectrical Contractor Address Phone
Property Owner or his Agent Signature Phone
Estimated Cost Sign Width ?Height?Total Square Feet 7-37
Position of the advertisement structure in t•elationship to the adjacent buildings, sidewalks,
curbs, roadways, overhead utility lines, vehicle movement lines, or public facilities on
drawing with significant dimensions and attached hereto of major signs. Minor signs as
defin f on page 2..
Two blueprints of the sign, billboard, or outdoor advertising structure construction plans:
including specifications, list of materials, and explicit anchoring or fastening details
and a copy of the stress sheets, calculations, color of sign structure.
Does the sign copy relate solely to the business, institution, or activity conducted on
the premises?
Will the sign, structure,.or billboard restrict any sight distance under, around, or over
for safe access by persons destined for or passing the subject premises?
JV
Applicant's Signature and Title with Firm
Date
Phone Number
tut
1985 PLEASE SEE REVERSE SIDE FOR SIGN LOCATION SKETCH
Sivert Hendrickson/Building Official - 866-5061
• 1
1
O II
f
•
I
I I:-
Z ?9
Q?
U
r
L.
?r
•
A J11
NI,
C\j
Q
V?
r,
I `1
I ? 't f ti t ? !
t ?
{ ?? i ?f!
a
1
F
0
Q