07-13-85 agenda • CITY OF RICHFIELD, MI~aY~~SOTA
Council Letter No. 221
July 13, 1987
Issue Statement:
Approval of an application to Hennepin County for Community
Development Block Grant Discretionary Funds.
Background:
The city was recently informed by Hennepin County that there will
be an additional $200,000 of Community Development Block Grant
Discretionary Funds available. They have requested that
communities interested in those funds apply to the County by July
20, 1987.
In March of this year the city applied for $123,200 of
discretionary funds for two projects. The two projects were
housing rehabilitation loans ($55,000) and a shared scattered
site acquisition program ($68,200). The county approved $50,000
of funds for the housing rehabilitation loan program, but did not
.fund the shared scattered site acquisition project. Staff is
seeking authorization to resubmit the shared scattered site
acquisition project for consideration for funding for these
additional funds.
Attached is a copy of the application materials describing this ~I
project. The shared scattered site acquisition project would
• allow the city to acquire substandard housing, initiate clearance
for .new construction and market housing to moderate income
households. The shared acquisition project is unique in that it '~I
requires a significant cash contribution from the developer at
the outset. The developer will contribute $25,000 at the closing
between the Housing and Redevelopment Authority and the property
owner to share in the cost of acquisition. This is equivalent to
the value of the land. The developer would recover this
contribution when the unit was sold. The $68,200 requested
would provide sufficient funds for the acquisition of two
properties for redevelopment as single family dwellings.
Staff Recommended Motion:
Authorize staff to submit the scattered site housing project to
Hennepin County for Community Development Block Grant
Discretionary Funding.
Basis of Recommendation:
1. There is a great need in Richfield is to provide decent, safe
and sanitary housing affordable to low and moderate income
persons.
2. The project would expand affordable housing opportunities for
low and moderate income person.
3. The project makes long term improvements when substandard
• housing is acquired and cleared.
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• Alternative Recommendation:
The alternative recommendation would be to not authorize staff to
submit this project for discretionary funding.
Decision Mode:
This item is scheduled for council consideration on July 13,
1987. The schedule received from the county indicates that
action must be taken that night in order to meet the county's
July 20th application deadline.
Respectfully submitted,
Jame D. Prosser
Cit anager
JDP/sae
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a
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REQUEST FOR FUNDING 1987-DISCRETIONARY ACCOUNT
URBAN NENNEPIN COUNTY CDBG PROGRAM .
•
THIS SECTION WILL BE COMPLETED 8Y HENNEPIN COUNTY
Project Eligibility: /
citation Hennepin County date
EK Status: /
status Environmental Review Specialist date
Project Number: I
numcer Financial Manager date.
A. GENERAL INFORMATION
I. CommuRlty: f it~~ of RirF~f~P1rT
2. Project Name: Scattered bite Acquisition
3. Contact Person: •Rick .7~nke. R69-752T
B. PROJECT DATA
1. Funding Sources: CDBG S 68,200 Other 5 50,000
• 2. Is this request to fund an existing project? x Yes Na,
a. If please indicate CDBG year started ` TT ,Project Number 2.70
b. Total CDBG funds programmedlexpended since start of project:
3. Is this request to fund a proposed Year XIII project? ,x Yes No
4. Location: Census Tract/s City Wide x
• ATTACH MAP
5. Description
Describe the project in as much detail as possible. Provide a state-
ment of (1) community need for project; (2) how project will address
the need and the anticipated results; and (3) what, if any, alternative
funding. sources have been considered for the project.
(See Attached)
*Approximately $26,000 fo CDBG Year XII remains to complete demolition,
legal, appraisal, property maintenance, and property tax expenses on
tw0•recently acquired properties. The CDBG Year XIII request of
X70,000 is for new activities.The 1987 Discretionary Fund request is
for new activities.
j.
6. .Ones the project address one of the three priority objectives? x Yes No
• Tf so, indicate: -
Economic Development
Housing X (clearance of blighted conditions,
addition of new housing, moderate
Public Facilities and Improvements income benefit)
If not, what objective does it address?
7. Implementation Schedule -
Identify the major project tasks to be performed during the implementation
schedule.
3rd Quarter 1987
Identify Voluntary Acquisition Properties
Identify developer following RFP
4thQuarter 1987 ,
Negotiate development contract
Close on properties-transferring ownership to Developer
Ist Quarter 1988 .
Initiate construction, monitor development by Developer
.2nd Quarter 1988
,initor construction and market2ng
3rdqq Quarter 1988
8. BUQnetor project completion and sale of housing to moderate income household
• g '
Specify project budget for each component of the activity identified in
No. 4 above. K.
Component Budget Source of Funds
40,000 CDBG Discretionary
_ -„3_----..
Acquisition 50,000 Developer
Clearance 10,000 CDBG Discreti~narv
Relocation _ 12.000 CDBG Discrer;onarv
Administration 6 , 2Ctl .DB . ; armor; nnarv
Total Project Budget S3~ R, inn
Total CDBG Budget S ~R.~nn
Does implementation include/require Year CDBG Funds? Yes No
.
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Attachment, Section 5 of Application .
Shared Acquisition Project -
This scattered site project. provides Richfield and its Housing
and Redevelopment Authority (HRA) the opportunity to acquire
substandard housing, initiate clearance for new construction, and
market housing to moderate income households.
The HRA in experienced in implementing scattered site improvement
project. .Since 1975, thirty units of housing have been
constructed or rehabilitated. Ten additional units were recently
completed and sold. During 1987, one house will be sold and two
more units will be .started, for sale in 1988. CDBG Year XIII
funds have been requested to initiate one additional project that
would be underway in 1988 for sale in 1989. Through this
process, thirteen "garage" homes have been eliminated, seventeen
vacant lots developed, and two units received moderate
rehabilitation. Revenues, approximately $1.7 million, primarily
CDBG funds, have made these activities possible.
However, the ".Shared Acquisition Project" (SAP) is unique. It
requires a significant cash contribution from the developer at
the outset. It also-requires HUD income limits implemented with
the Minnesota Housing Finance Agency (MHFA) first time homebuyer
financing programs:
• Family Size Max. Income Limit
3 $27,350
4 $30,400
5 $32,300
6 $34,200
A sample transaction (two are proposed with the requested
discretionary funds) follows:
Site Cost Activity ~ Source of Funds
45,000 Acquisition CDBG, Developer
6,000 Relocation (tenant) CDBG
5,000 Clearance CDBG
$56,000
The HRA would identify the property, select the developer,
relocate the tenant (if applicable), clear the structure, and
transfer title to the developer to construct a house and market
the completed project to a moderate income purchaser within the
specified income limit.
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The HRA will have contributed $31,000 in COBG funds as follows:
$20,000 Acquisition (one property)
6,000 Relocation
.5,000 Clearance
$31,000
The developer will contribute, at closing between the HRA and the
original property owner, $25,000 to share in the cost of
.acquisition. This is equivalent to the value of the land. The
developer would recover this contribution when the unit was sold.
Although the HRA would .not recover any C08G funds directly as a
result of this project, the taxing jurisdictions (city, school,
county) would benefit by the increase in tax revenue generated as
a result of the project. Over a 25 year period, at $1,200 per
year in additional property tax revenue, the $31,000 would be
distributed. The $1,200 figure is typical given the HRA
experience in the past.
The budget represented in the application would include
administrative expenses related to staff time, legal fees to
• develop closing and development documents, and survey and
appraisal work. .
HUD regulations for acquisition and relocation would be followed.
:Nhen appropriate, these sues will be acquired on a voluntary
sale basis to reduce relocation costs which otherwise must be
paid. Adequate relocation funds are available within the project
budget.
The greatest need in Richfield is for decent safe and sanitary _
housing affordable to low and moderate income persons. The
project will expand affordable housing opportunities for low and
moderate income persons. The project makes long term
improvements ~+vhen substandard hfl using is acquired and cleared
since approximately 90 such garage homes exist in Richfield
• CITY OF RICHFIELD, MINNESOTA
Council Letter No. 220'
Agenda July 13, 1987
Issue Statement:
Approval of an offstreet arkin ermit at 501 West 77th Street.
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Background: i
Mr. LaMettry currently operates LaMettry s collision and aint
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business at 500 West 78th Street. He has now purchased the
property at 501 West 77 1/2 Street and lans to relocate his
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business to that site. II
Site improvements being proposed are new blacktop, new perimeter
curbin , landsca in alon 77th Street and stri in The
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westerly curb cut on 77th Street and the northerly curb cut on
Harriet Avenue would be removed. Two on-site catch basins would
be added and the grades of the site adjusted so storm water would
flow to these catch basins. The site plan shows the 24 foot wide
easement along 77th Street for future roadway improvements. Mr.
LaMettry is currently negotiating with the city concerning the
cost of this easement. The plan indicates that this easement
area will be sodded and that other site improvements would not be
made on this area.
Recommended Motion:
Approve the attached resolution approving the layout and design
• of the offstreet arkin area for 501 West 7th treet.
p g 7 S
Basis of Recommendation:
1. The proposed plan meets all offstreet parking design
standards with the exception of the minimum-width requirement
for driveways for commercial and industrial uses. The curb
cuts remaining on the site are existing curb cuts which are
less than 26 feet. The curb cut on 77th Street is 25 feet in
width and the curb cut on Harriet Avenue is 16 feet in width..
It is staff's opinion that the curb cut width is sufficient
and that no changes be required at this time. Based on the
angled parking design and traffic flow on the site the curb
cut on Harriet Avenue would be an exit only. The 16 foot
width is sufficient to handle the one way traffic flow. The
curb cut on 77th Street is only 1 foot less than the required
width and in the light of the long term ILN plans to widen
77th Street at some future date, it is staff's opinion that
the existing curb cut should be allowed to stay in its
present form.
2. The number of parking stalls provided on the site would be
less than what city offstreet parking guidelines indicate
should be provided for an automobile service type use. City
guidelines indicate that automobile service uses should
• provided three parking spaces for every service bay plus one
space for every employee. The proposed facility would have
12 bays and eight employees. This would result in 44
• offstreet parking spaces being required. It is staff's
opinion that the 23 spaces provided would be sufficient for
the proposed use. Mr. LaMettry has indicated that all of the
vehicles being worked on would generally be inside the
building and not in the offstreet parking spaces. The 23
spaces, therefore, should be sufficient to handle employees
and customers coming to the site.
3. The proposal would result in a substantial improvement to the
site. However, it would not be consistent with the ultimate
goals of the ILN Plan and is also not consistent with the new
C-3 zoning district requirements which was recently passed by
the council, but which are not in effect yet. The proposal
would be an acceptable interim use until redevelopment.
Alternative Recommendation:
The alternative recommendations are to either approve the
offstreet parking permit subject to changes or to deny the
offstreet parking permit.
Decision Mode:
This matter is scheduled for council consideration on July 13,
1987. No public notice is required for council approval of
offstreet parking permits.
• Respect u11y submitted,
Jam D. Prosser
Cit Manager
JDP/sae
•
I
• RESOLUTION N0. ill
RESOLUTION APPROVING OFFSTREET PARKING PERMIT
IN ACCORDANCE WITH APPLICATION 87-8 FOR
501 WEST 77TH STREET it
BE IT RESOLVED by the City. Council of the City of Richfield,
Minnesota, as follows:
1. That the proposed. geometric layout of the offstreet parking
as contained in offstreet parking application 87-8 is hereby i,
approved.
2. That the responsibility for proper upkeep and maintenance of
said offstreet parking lot shall remain the responsibility of the
offstreet parking lot operator in accordance with Ordinance Code
4.05.
:PASSED by the City Council of the City of Richfied this 13th
day of July, 1987.
John Hamilton Mayor
ATTEST:
• Thomas Ferber City Clerk
•
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501 WEST 77TH STREET NORTH
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HARRIET AVE.
CITY OF RICHFIELD, MI.~~~~SOTA
Council Letter No. 219
Agenda July 13, 1987
Issue Statement:
Adoption of Resolution approving the adequacy of a Holy Angels
Petition; authorizing the execution of a Memorandum of Agreement
between the Petitioner and the City of Richfield, and ordering
certain fire protection improvements.
Background:
Attached to this Council Letter is a Resolution authorizing
Petition for installation and financing of certain fire
protection facilities in the Holy Angels School building, and a
Petition for installation and financing of certain fire
protection facilities from the Sisters. Of St. Joseph Of
Carondelet; and a Resolution of the City Council declaring
adequacy of Petition for local improvement.
For the past .few years the City has worked with Holy Angels
School to bring certain school facilities up to current fire code
standards. In that process, fire suppression equipment has been
identified for several school facilities, including the school,
new gym and boiler plant. The fire protection devices include
sprinklers, fire alarms, smoke detectors and other improvements.
In an effort to facilitate the installation of the fire
suppression equipment, Holy Angels School, through the Sisters Of
St. Joseph Of Carondelet, in conjunction with the City, has
availed itself of the provisions of MN Statute Chapter 429,
.particularly Section 429.031, Subd. 3 to secure the construction
and installation of the equipment. The Statute cited authorizes
the inclusion of permanent funding for these improvements in
conjunction with the City's General Obligation Improvement Bonds
of 1987. The total cost of the fire protection improvements
shall not exceed the sum of $610,000. The repayment of the
amount bonded would take place over a twenty (20) year period.
Also included is a copy of the Memorandum Of Agreement between
the City of Richfield and the Sisters Of St. Joseph Of
Carondelet, St. Paul Province. The Agreement provides for
procedures to be implemented for the planning, construction and
payment of costs related to the improvements. Additionally, the
Agreement provides for the Academy Of The Holy Angels to idemnify
and hold the City harmless through any claims or actions
resulting from the construction of these improvements.
The Resolution. which is before the City Council for consideration
provides for accepting the Sisters Of St. Joseph Petition and to
execute the Memorandum of Agreement attached to the Petition on
behalf of the City.
Recommended Motion:
It is recommended that the City Council adopt the attached
Resolution declaring adequacy of petition for local improvement.
Basis Of Recommendation:
1. The Fire Division has spent a great deal of time working with
representatives of Holy Angels School to attempt to bring
the School facilities up to fire code standards. This
Petition would accomplish that goal.
2. MN Statute 429.031 provides the legal basis for a Petition
for certain fire protection equipment by qualified school
facilities.
3. The procedure has been reviewed by the City Attorney and
found to conform with MN Statute 429.031.
4. Without the Special Assessment process, it is likely that
the fire protection improvements for Holy Angels School
would be further delayed.
Alternative Recommendation:
1. The City Council could decide not to approve the Petition.
Discussion/Decision Mode:
Action on this item should take place on July 13, so that staff
may proceed with a Special Assessment Bond sale for 1987 sometime
in late August.
Respectfully submitted,
Ja D. Prosser
Ci Manager
JDP/sae
•
11 V
RESOLUTION NO.
RESOLUTION DECLARING ADEQUACY OF
PETITION FOR LOCAL IMPROVEMENT
BE IT RESOLVED By the City Council of the City of
Richfield, Minnesota, as follows:
1. This Council has this day received a petition from
all of the owners of certain property (Property) located at ~I
6600 Nicollet Avenue in the City requesting the installation
of fire protection facilities (Facilities) in a structure
(Building) located thereon and the assessment of the cost of
construction a ainst the Pro ert
g p y
2. Facilities to be installed in the Building are
described in plans and specifications accompanying the ~I
petition. The plans and specifications are on file with the
City Clerk. The estimated cost of construction of the
facilities is $610,000.
3. The City is authorized pursuant to Minnesota
Statutes Section 429.031 Subdivision 3 to construct and
install the Facilities and to assess the cost as re uested
q
• 4. The Council finds and determines that the petition III
was signed by all owners of the Property named as the site
of the installation of the Facilities. 'I
5. The installation of the Facilities is designated
Improvement Project No. and is ordered as proposed.
6. The Mayor and Manager are authorized and directed
to execute and deliver the Memorandum of Agreement attached
to the petition on behalf of the City.
7. The City Clerk is authorized and directed to
publish the resolution as required by Minnesota Statutes,
Section 429.035.
Dated:
Mayor
Attest:
Clerk
• R3:0055REOI.F16
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MEMORANDUM AGREEMENT
THIS AGREEMENT is dated as of June 12, 1987.
Parties
The parties to this agreement are:
CITY OF RICHFIELD ("City"), a Minnesota municipal corporation,
and
SISTERS OF ST. JOSEPH OF CARONDELET, ST. PAUL PROVINCE (Sisters), a Minnesota
non-profit corporation.
Context
Sisters have petitioned that the City provide for the installation of certain fire
protection facilities ("the improvements") on Sisters' properties, all in accordance
with Minnesota Statutes, Chapter 429, and particularly Section 429.031, Subd. 3
thereof. The City has granted Sisters' petition and has authorized Sisters to contract
for the construction of the improvements on the Sisters' properties. The City will be
• paying for the costs of the improvements and it is deemed necessary and advisable
that the City and Sisters agree upon the general procedure to be followed by the
parties in disbursing City funds in payment of the costs of the improvements.
Agreements
The City and the Sisters, therefore, contract and agree as follows:
1. Whenever the Sisters seek to be reimbursed for costs they have incurred and
paid in connection with the making of the improvements, they shall certify to the
city manager of the City the amount of such costs together with such itemization and
documentation thereof as the city manager reasonably may require. Such certification
shall be made in writing by an officer of Sisters.
2. Similarly, whenever Sisters desire to have the City pay a third party, in
behalf of Sisters, for costs of the improvements, such costs shall be itemized and
documented as the city manager reasonably may require. Such certification shall be
made in writing and shall be signed by the registered architect or engineer
designated by Sisters to supervise the installation of the improvements.
3. Upon receipt of any such certification and upon determination of its adequacy,
the city manager shall authorize payment of the certified costs of the improvements
either to Sisters or to a third party, as the case may be.
4. It is understood and agreed that the sums to be disbursed by the City
• shall include the construction costs of the improvement, architectural costs,
engineering costs, costs of advertising for bids, and other Sister costs necessary
and incidental to the making of the improvements. In any event, the total costs
III
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of the improvements to be paid for by the City, shall not exceed the estimated cost
of the petitioned improvements, i.e., the sum of $610,000.00.
5. It is further understood and agreed that Sisters shall have full
responsibility and authority for the proper planning and construction of the
petitioned improvements and that disbursements made by the City pursuant to the
provisions of this agreement shall fully discharge the City's responsibility with
reference to such improvements, as between the parties hereto. The Academy of the
Holy Angels hereby releases, indemnifies and' agrees to save the City, its officers,
agents and employees, harmless from any claim, action, cause of action, or any costs
and expenses of defending the same, arising out of or by reason of the construction,
maintenance or operation of the improvements.
6. Sisters waive any challenge to the validity or the amount of any assessments
levied by the City on Sisters' properties, or against the Sisters, for the making of
the petitioned improvements, up to the amount of City financing thereof plus. any
costs of providing such financing, and interest thereon.
7. The City acknowledges and agrees that when the petitioned improvements have
been made in the building listed in the Sisters' petition, such improvements will
bring such building into compliance with current applicable fire safety requirements
of the City and the State of Minnesota.
8. Sisters will have no personal liability in connection with the financed
• improvements. City will look solely to the Academy of the Holy Angels or its
assessment rights against the property for such claims.
IN WITNESS WHEREOF, the parties hereto have executed this Memorandum Agreement
as of the date first above written.
CITY OF RICHFIELD
By
Its Mayor
By
Its City Manager
SISTERS OF ST. JOSEPH OF CARONDELET,
ST. PAU~L~,~P.ROVIJNC~E
BY i.+G~~ 7l~i2
Its ~iLL,c..~.._„Q + Q
(Officer)
THE ACADEMY OF THE H~OLwY ANGELS ,
• Its }iJ/~li.~Y lir~.~'
(Officer)
SISTERS
OF _ _ .
T
roF CARONDELET / 1884 Randolph Avenue, St. Paul, MN 55105. (612) 690-7000
June 12, 1987
Honorable Mayor, and City Council
City of Richfield
6700 Portland.Avenue South
Richfield, Minnesota 55423
a) The Sisters of St. Joseph of Carondelet, St. Paul Province, herewith petition
the City of Richfield to construct, operate, maintain and promote fire
protection systems in its school building, as provided in Minnesota Statutes,
Chapter 429, and particularly Section 429.031, Subd. 3 thereof.
b) The school building to which this petition relates, which is owned solely by
petitioner is located at:
6600 Nicollet Avenue
• c) The fire protection facilities to which this petition relates are. described in
certain plans and specifications prepared by Thomas H. Stahl, Inc. It is
further petitioned that the city assess the entire cost of such improvements
against the affected school property.
d) Sisters request that the city determine that the fire protection facilities
will be privately owned, in that they will be owned by the petitioner rather
than by the city.
e) Sisters will contract for the construction of the requested fire protection
facilities after the city has reviewed and approved the plans, specifications
and cost estimates contained in or referred to in this petition.
f) Sisters agree that the construction cost financed by the city under Minnesota
Statutes X429.091 shall not exceed the amount of the cost estimate contained
in this petition.
g) Sisters reserve the right to request abandonment of the improvements at any time
after they have been ordered by the city council but prior to the time that
contracts have been awarded for the construction.. of-such improvements. In the
event such request to abandon the improvements is received by the city council,
the petitioner will reimburse the city for expenses incurred by the city in
connection with the improvement, as required by law.
h) If this petition is granted by the city and construction of the fire protection
• facilities is undertaken, the petitioner will cause the Academy of Holy Angels
to furnish the city with a written agreement releasing, indemnifying and
saving the city, its officers, agents and employees harmless from any claim,
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action, cause of action or any costs and expenses of defining the same arising
out of or by reason of the construction, maintenance or operation of the
petitioned fire protection facilities.
i) Upon granting of this petition, the Province Director is further authorized
' to advertise for bids for the construction .of the petitioned improvements in
accordance with any bidding requirements applicable to the Petitioner and in
substantial accordance with Minnesota Statutes 3429.041, Subd..2. The Province
Director is further authorized to execute a memorandum agreement between Sisters
and. the city providing for the disbursement of city funds to pay for the costs
of making the petitioned improvements as such costs are incurred by the Sisters.
j) The officers of Sisters are authorized and directed to prepare and furnish
certified copies of proceedings and records of Sisters relating to the
authorizing and making of the petitioned improvements and such other
~ certificates, affidavits and transcripts as may be required to show facts
j within their knowledge or as shown by the books and records in their custody
and under their control relating to the authorizing and making of the improvements,
and such instruments shall be deemed representations as to the facts stated
_ therein.1~
k) In the event that the petitioned improvements are constructed by petitioner and
financed by the city as herein petitioned, petitioner will also waive any
challenge to the validity or amount of any special assessment for the making of
the petitioned improvements, up to the amount of any financing provided and the
costs thereof including interest and expenses thereon.
1) Sisters will have no personal liability in connection with the financed
improvements. City will look solely to the Academy of the Holy Angels or its
assessment rights against. the property-for such claims.
t
SISTERS OF ST. JOSEPH OF CARONDELET,
~ ST. PAUL PROVII3CE
i
J~
Its . ~ ~ -
(Officer)
.
RESOLUTION AUTHORIZING PETITION FOR
INSTALLATION AND FINANCING OF CERTAIN FIRE
PROTECTION FACILITIES IN THE HOLY ANGELS SCHOOL BUILDING
BE IT RESOLVED, by the Board of Trustees of the Sisters of St. Joseph of
Carondelet, St. Paul Province (Sisters) as follows:
1. It is hereby determined that the Sisters should avail themselves of
the provisions of Minnesota Statutes, Chapter 429, and particularly
Section 429.031, Subd. 3 thereof, to secure the construction and
installation of certain fire protection facilities in .the. Academy of
the Holy Angels school building (Building). To that end the Province
Director, acting in behalf of Sisters, is authorized and directed to
execute and deliver to the City of Richfield a petition, substantially
in the form set out in Paragraph 3 of this resolution, requesting the
installation, financing and assessment for fire protection facilities
in Building.
2. The Province Director and other officers of Sisters are authorized to
take such other and further actions and to execute such documents and-
instruments as may be necessary to give effect to, accomplish and
facilitate the objectives and purposes of the petition.
3. The form of the petition shall be substantially as attached.
• 4. The Province Director is authorized and directed to submit the petition
to the city council forthwith together with a certified copy of this
resolution.
Passed and adopted this 12th day of June, 1987.
SISTERS OF ST. JOSEPH OF CARONDELET,
ST. PAUL PROVINCE
By .,~~~~t.~% 7-L~~
Its /
(Officer)
• CITY OF RICHFIELD, MI,.~Y~~SOTA
Council Letter No. 218
July 13, 1987
~I
Issue Statement:
Consideration of revised sign regulations.
Background:
On April 6, 1987 the City Council conducted a study session on
draft sign ordinance revisions. Staff has further refined the
ordinance by removing inconsistencies, and redundancies.
The following is a summary of the revisions that have been made
to the ordinance subsequent to the study session.
1. Section 3.47 Subdivision 1 (Definitions) has been changed as
follows I,
a. A definition for a banner has been added.(5)
b. The definition of flashing traveling and changing message
sign has been clarified.(11)
c. The definition of on-site direction sign has been amended
to allow a business logo or symbol to appear on such a
sign. (20)
d. The definition of temporary sign has been changed to take
out a specific time period from the definition. (39)
e. The definition of a wind device has been changed to take '
banners out of that classification. (42) '
• 2. The sign installer license requirements in Section 3.47
Subdivision 3 Paragraph 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
3.47 Subdivision 4) have been removed. It was determined
that these permits only apply to billboards and not to all
signs.
4.. The provisions found in Section 3.48 Subdivision 1 Paragraph
2 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 now be permitted on the
day before an Open House also. 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 3.48, Subdivision 2, paragraph 3 (Neighborhood ~
Business District Requirements) and paragraph 4 (General
C~~~u«ercial and Industrial Districts) have been changed by
taking window signs out of subparagraph (d) and adding a
new subparagraph 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 3.48, Subdivision 2, paragraph 4 (General Commercial
and Industrial Districts) has been changed by adding a new
- subparagraph (g) which is the regulations concerning banners,
#f~
~
wind devices, promotional display devices and fixed temporary
round si ns. These re ulations were reviousl in Section
g g g p Y
3.49, Subdivision 10 but have been relocated to this section
so that all regulations are in the district regulations.
Section 3.48, Subdivision 2, paragraph 4 is also changed to
add a new subparagraph (h) entitled "Off Site Directional
Signs". These regulations were previously found in Section
3.49, Subdivision 5, 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 3.49, Subdivision
3 concerning outdoor advertising displays have been relocated
to a new Section 3.48A because they didn't seem to fit the
general title of Section 3.49 of construction design location
and maintenance of signs. The regulations pertaining to .out
door advertising displays remain unchanged.
8. Section 3.49, Subdivision 2, paragraph 1 has been eliminated
because these requirements are no longer necessary.
9. Section 3.49, Subdivision 4 has been eliminated, certain
provisions have been relocated into the Outdoor Advertising
Display regulations found in Section 3.48A.
10. Section 3.49, Subdivisions 11, 12, 13 and 16 have been ~
relocated into Section 3.47, Subdivision 2, sign construction it
permit requirements.
11. Section 3.49, Subdivision 14 has been eliminated and certain
provisions relocated into Section 3.48A, Outdoor Advertising
Displays.
12. The provisions dealing with nonconforming signs found in
Section 3.49, Subdivision 1, paragraph 2, 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 recommend 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 first reading of the revised sign ordinance and set
August 10, 1987 as the date for second reading and the public
hearing.
.Basis of Recommendation:
1. The current city 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
~iy~
inconsistencies, reorganized the regulations in a manner that
is easier to inter ret and understand and re ulate si ns in a
g
P g
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:
This item is scheduled for first reading consideration on July
13, 1987. A public hearing is not required for first reading and
no notice has been provided. Notice of the public hearing and
second reading will be published in the Richfield Sun Newspaper.
A copy of these regulations has been transmitted to the Chamber
of Commerce.
Respectfully submitted,
Jame D. Prosser
City Manager
• JDP/eja
i
Finel
SIGN ORDINANCES 6/3U/$7 REVISIONS
3.47. REGULATION OF THE USE OF SIGNS
Subdiv~sian i. Definitions. The following terms shall have
the meanings ascribed to them in this section and in sections
3.48, 3.48A-and 3.49 of this Gode:
ll) "Abandoned Sign" means a sign which no longer
identifies or advertises a bona fide business, lessor, service
product or activity on the site and/or for which no legal owner_
can bye found.
t2) "Address Sign" means s sign containing only the
street address of the site or building on which tine sign is
located,
{3} "Advertising Sign" means a sign the primary
function of which is to direct attention to a commercial product,
.commercial service or commercial activity that is so1d~ offered,
w em'ses where such
or conducted either else here ar u on the pr i
P
sign is located, or to which it is affixed.
{4} "Area Identification Sian" means a sign which is
used exclusiveiv to identify any area of common identity such as
a nei9hborhaod. a multiple residential development, a multiple
commercial or multiple industrial development. T}~e sign may,
contain only the name of the neighborhood or multiple residen-
tiai, commercial or industrial development.
(5) "Awning" means a hood or cover which can be
• retracted. falded~ ar collax~sed and which is attached to and
projects from a wall of a bui2.din~.
(6) "Banner" mean$ a ~s3.gn made of fabric or and non
rigid material with no enclosing framework.
(7) "Bench Sian" means anv sign which is cart of or is
affixed to an bench.
f~3~S~ ^susiness 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,
(9) *Canocy Sian* means a sign which t.s cart of or _
attached to anv roof-1 ike ~s~t,rt~cture. such as awnings marquees or
mansard roofs{ which ~.s a ~+3r~ of or extends ~raltl a bu~.1Q~n9.
(10) "Ganstrurti..on Sign" means a temporary non-
illuminated sign announc7.nq the- names of architects. engineers,
contractors or other individuals a,r, firms inv~lve~9 with the
financing,, construction. sale, leasing alteration or~renair of a
building. The sign may ~~'~s~~'announce the character of the
building enterprise Or tht~~ ottrcr~~aOr which the ~uildinq is
intended.
~3},{11) "Efe~aT Directional Sign," means a sign used
far the purpose of making specific commercial, industrial, or
public and semipublic locations known and to assist in finding
these locations.
i12) "Flashing. Traveling or Changing Message Sign"
means a sign with an intermittent or flashing 1ic~ ht source. This
shall not include thane components ~.f' i3ian~s t~rimarilY rarovidinq
• ~1.
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public service information including time, date, temperature,.
weather and Qublic events. -
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e~ ~ e ~ s d - ~v~rr- -~~rr - e K ~i - •s~tt~-r-e~ -~a~ - w h # e h - -i-e- -~ra~ - a~~~~e~,~~- -bo- - a ~ y
b~#~dtr~g-e~-bB#~d~xg~-Q~~ee~ez~e~--~B##~-#9$3-8}-3~#483
}8}(13) "Ground Sign" means a desaei~ed sign attached
e~eeted-tt}~e~-oar-~rat~.~,~.-t~re~•gr~rr~d to the ground an lts own
structures and which is not attached to any building.
(I4) ~"Grade" means the average elevation or level of
the centerline of the c~.osest street which the sign abuts.
C15} "Home occupation Sign" means a sign identifying
any business ot~erated from a residential dwelling or accessary
structure in a residential zoning district.
(16) "Identification Sian" means a sign identifying the
owner or tenants of a building or portion thereat.
f6}(17) "Illuminated SignT~~~~~ntee~ed" means any sign
s~aea-~.~i--a3~~~~-1--~i~l~r~-~e-el~e+e~~~-frr--w~~-i-cc~Y~ :~~s -a~-#~tee#xt
~#ght-~+~t illuminated either by a light Source which is not
part of the Sian area (Indirect Illumination); or by a source of
light which is part of the sign area CDirect 111uminatian}.
C18} "Institutional Sign" means a ground, wall, canopy
or marquee sign or bulletin board which identifies the publ-ic
institution; governmental building, church or other place of
warship, school, ar charitable organization including chartered
veterans organizations located on the site.
C15) "Institutional Directional Sian" means an off-
premise si n directing persons to the location of an institution.
. ~20) "Motion Sian" means any sign which rotates or has
moving parts, including propeller signs, but excluding .banners
and pennants.
(Zl} "4n-site Directional Stan" means a sign used
exc],ufi ~.vet.v t.~ c~ i rPrt r~~~st ri an or vph i rl a movement. on a site .
Such sign~~ may not carry a ~ coUmme~rc'-ia3 'miassage but may include a
business logo or svmbol.~
f4}(22) "64b~te On Site Sign" means an advertising
sign which is located upon the premises where the advertised
business activity, use, product, services, entertainment, commod- _
sties are avid, conducted or offered and which does not come
within the definition of "outdoor advertising display" as defined
in paragraph (23) of this subdivision. Bftee On site signs
identifying industrial uses may also call attention to the
product, goods, or matexial which is produced, ox' assembled on
the premises. #$#~~-}983-x}-g~#483
{5(23) 'outdoor Advertising Display" means an adver-
tising sign which advertises businesses, uses,. products,
services, entertainment, commodities or other activities not
primarily or exclusively sold, offered or conducted at the
premises where the sign is located. The term shall-not include
the-names of businesses, or the products or services offered by
such bus~.nesses, 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. 4B#~~-X953-5}-S~~4fS~3
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f~3}(24) "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. e~-tap-tkereef-at-leas#-~-feet-ake~?e-tke-earfaee
e€---e~i^ee~--a~~ae~r~t~-~~r--bl~e- ~,~,~v_en-~rh1f-err-the--,fig-n--#s
~ sea t ed: --~--s~cLir -s•i a~rr -eba # ~raw~e--~a--ai~rr -area-~e?f--more--t+Iran-3 4 8
e q e a r e - €ee~- ~-~h- -e-ode-~ - art -tea~~ - a~ v~e r ~ ~ e e~ - a» ~ ~ - i~ a e # a e e e
#eeated-~r-~e-$ee~t#seer---N~o--~b~i~:;.s~-p~epe~~~+--a~ra33 ~s~:~-mace
~}~aa-~~e-~a-~-ete~s~--ed~j~~~..t -~-esei~-~ts~et--~tgcx~--w~k~rh~-et~ek
bee#sees-pr®pert}-abetef-pee~#dad-tkat-eR-eaei~-street-f~e~ba~e-ef
meee-~}ra3r-~~~-f~ -o-r~e-add#t~e~,a~- ~~-etga-~tra~--~b~-eetal~-
~teked-aad-e~~itnt~~~ed-e~-~etro~--ems.: i~€-e~eh~-add4tfeea~
~aedee~a#--~-~-a~-~.-~--#eea~ed-err--a--e4~,e~#e--~p~o-l~-~-~~--r~et
eeteed-38-e~erare-~€eel-~.~?~»~+ee~~-a~--+e•ra~&-de~a•-r~eb-ka~e-mere
tkar~-ewe-s#deer-}e}-#e-act-~ae~e-t#~a~i-4-feet-#e-wtdtb-er-~-feet-ta
(ae# b~-era- e- - - -
5 a#~~ £aeeT fel} t+9 ~eeabed-eb-#e+eee-~-feet-~bb*te-bke
et~rfaee-~f--t-he`* :--~-n--~ieyr-e+f~-ear-ee~~~b~:eh~~-pedesba~-e4e~A*
t we -eepae ace-~~+~r~~a- etas- ~~-r,~.~=~--0~- ~1't~ -ease- r-bad -$e~ek - ewe
e 4 ae -~~i-need- a c e -
g -e~Yra-1~ r~ e e dT-#~i ~~--o-r•-~fineae#ert$T-tke
~#m#tstter~e~-epp#iea~,#e-te-er~e~#.~rgZ~~djl~l~~a-1--~~~-a#yar--Ne
edes~a~-~-i -s~ra~}~~-~-co--dee# -
p ~ geed-ere- te-e--~a}-me #~ig
parea~--~b~-mev~#rig-+~z+--b•~f~rk-~g--~~:gk~s~.-- z~r-add~t#e~---~o--tke
pe d ee t a ~ - -e•i-g-rrs~- ~rer~rit
tad--by--the-- €~regrri~ -pre~tefeee--erf-- t b # e
eelad#v~e#eaT-a-s#ga-advert#e#eel-a-peb~#e-to#epbe~,e-mai?-ke-#eeated
#s-~~~-a-~-ef-the-~btt€~d#~~-~~3~.~-oar-byre-etrdett~re
#e-w~ifeb-sea}~-p~tb##e-~e#ep}~eae-#s-}eeated~r
(25) "Formanont Sian" mastn,~ Anv si~tn dq,aignQd or
intended to remain at a fixed location for long term use.
t25) "Portable Sign" means a temporary sign desicined to
be moved from one location to another.
f+3~t2'!) "Pro actin Win" means a si n exce t a
~ 9 g 9 t p
canoov or roof i - -
s n esker--t~Yr~r~-a~-wa}}--e~i. et~e en~d~e~ ~~r~r
5 t ~
enpger~ed-b~_a-ba#~d#rig-sr-e~~e~ebese-acid-pre+~eetfag-e~tt-tkerefre~t
which is .attached to and projects from a structure or building a
distance greater than twelve inches in an direction.
f~6}(28) "Promotional Display Device" means any beeCen
or blimps balloon over 18 inches in the l,ar est dimension,
equi meat or v
chicle not wi gg bu i
p normally associated th the s ness~,
or similar devlces_ being used in connection with the promotion of
any event or activity.
f29} "Real Estate Sign " means a temnorarv sign adver-
. tisinc! the sale or lease of real property.
(30) "Recreational Sign" means an institutional or
institutional directional scan which identifies. or de_soribes a
public facility providiac~ recreational services.
~#9}(31) "Roof Sign" means a sign erected upon or
located above the save or parapet wall of a building and/or
located within the pro-iected roof area. '
f~}(32) "Sign"' means a display beetrdT--b#~~beard~
eeeeer~~-streete~eey-pre~ee~#efl-oe~~rae+t-~~ t„~f, used to announce,
declare, demeeetrateT-~i w1~~rebkerw4ee advertise and attract
the attention of .the public. The term includes the Sian face and
the ~iqn Structure.
M
f ~}--a8tgr?T-~~a-sb-i~--~re~rre~-a~Y--~~k~nti~, h. ~ -~i~sr-e~
w h t e h - -ei~i~fc-i-~~ -~~lr~ - # e - -e~rt` -an~~o-r~ -ee rra~~rr~~ - # ~
tr~ber~etty-ar,d-ee~er-at-a##-t#rnes-when-e~e~,-etgr~-#e-#r~-eee:
}}~}C33) "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 pat form an integral part of the
display tie--;na~rg#eel---1-~-~-~~e--s~rrfaeer-~i~r-~be,arx~e-~-4<~i~
a~~iesnae~er~t~?--~~-adver~~ees~e~~--o~-e~}~e~-age; or f-n the
case of wall slaps, individual character suns, figures,. symbols
or canopy signs, ~eb~erarW~f~.~---e~~~~?1~-~~~-~,~d the sign
area dfxee~t#~*-~~e-~r~-p~--e-b~tt~d#r~~ shall be the area which
is included in the smallest rectangle which can be made to
Circumscribe .each letter, figure ox symbol displayed thereon.
For multi face signs. the area shall include the maximum number
of single display surfaces .visible from any .around position at
one `time.
C34) "Sian Face" means the display surface or surfaces
visible from anv gx~aund position at anv time. '
{35) "Si~in Height" means the vertical distance measured
from grade to the highest point of the scan or sian structure.
i36) "Sian Structure" means the footings, supports,
uprights, bracing. framework and surface material of the sign.
t37) "Temporary Election Sign" means a sian promotincL a
political candidate or issue appearing an the official ballot of
anv public election.
i38) "Temporary Ground Sian CF`ixed)" means a sign which
is supported by hosts imbedded in the around and is designed so
as to not be readily movable.
ff~~(39) "Temporary Ground Sign CPortabie~" means a
sign which rests upon the ground, wk#ek-te-e~-~-i.~~h~ ~'--d~*cxn--crr
a~n--r+~, or is mounted on a trailer{ eer~etrec~ed-~f
Meta#-er-ether-r~es~eex~bt~et#b~e-tnaber#a~sT and so designed as to be
readily movable. Ne-tab--alga-~a~,~3--~e~~oe~ec~-?~~--feet-~~
area-ea-eae~i-ef de,r
(40) "Temporary s~.gn" means a sign not constructed or
intended far long term use.
t4I) "Traffic Signs" means all signs. signals and
markings, including street identification signs and all signs
authorized or permitted b~ Minnesota Statutes. Chanter 169.
{42) "Wall Sign" manna: 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 paane approxid
mat.ely parallel to the face of said wa31.
C43) "Wind Device" means. anv device which is designed
to move in the wind. Wind devices include banners, pennants and
propellers and balloons 18 inches or less in anv dimension.
C44) "Window sign" means a si n attached to or painted
on either side of a window which is vis~~5'le 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 exteri-
or of the building.
•
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Subd. 2. Sian Construction Permit.
t1) Permit Required. Except. as pxovided ih para rg aph
3 of this subdivision, 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, sections 3.4$, 3.4$A and 3.49 and the zoning provisions
of the C'itY Code. a sictn construction 'permit sha11 be issued.
Upon application for the sign permit. the applicant shall apply,
for anv required building. and electrical permits.
~2) Application. Anplicat~.on shall be made on forms
pxovided by the building official. The foam sha11 include the
following information:
(a) The name, address and telephone number of the
applicant. ~i
{b) The name, address and telephone number of the
person, firm, corporation or other
organi2ation erecting the sign.
(c) The name, addres~3, telephone number and
written consent of the owner of the t~rot~erty
on which the scan is to be erected.
(d) The exact location of the sign on the site
including its position relative to bu}.ldincts,
StruCtlire~. Streets and property lines. ~
(e) Two copies of sign plans and specifications II
showing the following;
• f) number of sign faces
ii} sign colors and construction materials
iii) sign dimensions
iv) tXpe, direction, location and intensity
of elan illumination and name of eleC-
trical contractor
v} method of Construction
vi) method of attachment to building or
around
vii? stress sheets and .calculations showing,
that the structure is designed to meet
the dead load and wind r~~~esaure require-
ments of the bui7.clinq code.
(3) Sian Construction- Permit Exempt~.ons. The follow-
- ing types of ~ians are exempt from the requirement of this
subdivision but are subject to all other requirements and stan~
Bards applicable to signs: -
(a) Tem orar election signs
{b3 Home oCCU~ation si nc,~s
(C) Addres~8 $ic~ns
(d) Identification signs not exceeding two square
feet in sign area
{e) Traffic $ians
(f) Garage sale and Estate sale signs
{g) Real estate signs,
(h} Signs erected by governmental agencies in the
• discharge of their governmental duties
_g..
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f
{i) Signs warning the public of hazards such a$
buried cable or high voltage lines
Temporary window signs
tk} Institutional Directional Signs not exceeding
four square Beet in sian area.
(4} Permit Fee. The application for a sian con-
struction permit shall be accompanied by the fee provided in
Appendix D of this code. The fee reauired in this paragraph is
separate from and in addition to env other fees reauired by this
code.
' {5} Approval of sign permit Applications. Upon
presentation of ap~,lication. hermit fee, plans and specifications
and other reauired information, the skin construction permit
shall be issued by the building official, except as provided in
Paragraph 6 of this subdivision.
{6) Special Approval from Council. Yn the case of an
application for a si n of unusual hei.c~ht, ar location, the
manager shall refer such sian to the Council for approval. No
permit foar any such sian, so referred, shall be issued without
first obtaining the approval of the council.
(7} Variance v
from Terms of Ap ra ai Proh~b~ted. Na
sian shall be erected ~a,sed or maintained in a manner at variance
from the vrov~ls`~.ons of this Cade or d~.fferent from .that approved
the ~~~council . ~ ~ ~ ~ ~
(8) Uniform Enforcement and Appeals Procedure. Any
and all orders or rules and regulations adopted ar issued or
issued by the city enforcement officials vurauant to the
provisions of this part sha.l.l be en~'o.rred i n the manner pravided
in section ~ ~3. i~3"o~ Part ,r ~o~ #hi.i~` r}ianter. Similarly, persons
agarieved by any order ~~or rule ~ or regu]„ation mt~y ara~aeal in
accordance with the ~rovisians of Sec.~3.1.3 or Part I of this
chapter.
subd. 3. Sian installer License.
) License Required. No person shall enq~a a in the
business of erecting scans until licensed b the city council to
do so. No such license shall be reaui.re~ for the erection of -
~ns exem t from sian construction permits.
~2} Application. Application for a sian installer's
license shall be made to the city clerk upon such forms a$ re-
Quired by the city. The license fee in the amount hereafter_
provided shall accompany the application.
i~3 } laicense Fee. The fee for a sian installer's
license shall be in the amount provided for in aoAendix D of this
code.
(4} License Period. The licenses issued under this
subdivision shall be for an annual basis runnina from Jules
throuah.June 30 of the next veer.
(5} Bond. No permit shall be issued until the licens~
ee has filed with the city clerk a bond with corporate surety in
the sum of SZOQa. The bond shai,l gquarantee that the licensee
will fully and faithfully aomply~~with the provisions of this
. ordinance and other applicable city ordinances.
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f
{b) Revocation or Non-renewal of License. The sign
installer's :license may be revoked or .not renewed for anY vio-
i lation of the requirements of this section. The decision to
revoke or not renew a license may be made by the city after
notice to the licensee and. a reasonable opportunity for the
licensee to be heard.
IV. Hy repealing Section ~.4$ thereof
v. By adding thereto the fallowing new section to read as i
follows:
3.48 DISTRICT REQtJIRSMENTlS
Subdivision 1. Provisions Applicable to Ail Distiricts.
{1) Signs Prohibited. The following signs are prohib-
iced in all zoning districts of the eitr:
{a) Flashing and motion sib
(bJ Roof signs, including temporary roof signs,,
but excluding promotional dis]aiav devices
(c) AriY sign which obstructs ingress or egress
from any fire escape, window or door
(d} Any sign located and maintained on or over
public property except traffic signs and
public. directionaX signs, and signs on j
benches, bus shelters and telephone booths
(e) AnY sign located, designed or maintained in 8
manner which islikey ---t-a -cause confusion or
interfere with the visibility of traffic
signs, traffic control devices. crossroads,,
driveways or crosswalks.
{f) Temporary ground sign tportable} j
{g) Searchlights
(hl Abandoned signs
(2) Signs Permitted. The following signs are permit- 'I
ted in all zoning districts of the c~,tv subject, r~ all other ~i
_ apniicable reaui.rements contained in the ~ordinanc~~cvde:
ta) Temporary Sins.
ti} Real estate signs which do not exceed
aix square feet in sign are~~ ;[,f located
in residential di$tr,i,cts ani~ ~64 square
meet in non-resic~~ntiai ~ zon3nc~ is-
trict~. One real estate sign is permit-
ted on the property being offered for
sale or lease. The sicn mta+at he removed
within seven days follow.i~~q ,~~e saleL
rental or lease of the vr~iaertiy. One
additional sign not eXCee~in~R~x $auare
feet announcing they
eri~hciase is
permitted on the property~c~ offered
for sale or lease on the day~ receding
the oven house and on the ~c~a,v of the
open house.
//i~
f
(~.i} Garage sale and estate sale signs
sub~eat to the same ,conditions anti
restrictions as. are applicable to real
estate signs.
(iii} eonstructians si ns which do not exceed.
six square feet ~n sign area in residen-
tial zoning districts and b4 sctuare-feet
in sign area in nonresidential dis-
tricts. One sign is permitted and must
~e located on the property where the
construction is occurr#.na. The sign
must be removed upon completion of
construction. The sign may not adver-
tise any product or service. A combina-
tion temporary real estate./construction
sin cannot exceed 128 square feet in
sign area per skin face.
{iv} Temporary traffic control ar warning
sins.
{b) Address Signs. One address sign is required
on each building or portion of a building with separate address.
The sign must be of suff~.cient size and located to be clearly
visible from the street an which the address is assigned.
{c) Institutional and Recreational Signs.
Permanent Ground signs shall not, exceed ~0 square feet in sign
area per face and 25 feet~in height and shall be set back at
least IO feet from any street right-of-way. Temporary institu-
tional around signs shall be sub-lect to the provisions found in
.Section 3.48, subdivision 2, paragraph 4~ of this chapter.
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 residen-
tial zaninc~ districts between the hours of 11:80 o.m. and,
6:00 a.m.
{d) Institutional Directional Signs.
~{e) Traffic control and regulation signs and
public directional signals.
(f) gic~ns permitted puxsuant to section 4.02 of
this Code.
Subd. 2. S~aecific District Reai~~.atians. The following
sictns are permitted only i n thedi sari rtsa
n~ c~icated and shall be
regulated according to °the~reauirements herein set forth:
(1} SINGLE AND TWO F~,MII~Y R.Fai~r;NTIAL DISTRICTS (Rt
R-1 r MR-1 .
(a} Home Occupation or Identification Sian. One
non-illuminated home occupation sign not excePC~ing'fi hwq square
feet in sign area or one non-illuminated identificatzon sign not
exceeding two s care feet in area.
(.b) Area Identification Sian. one r~on-illumi-
nated elan per abutting street not exceeding 24~san~.re feet in
' s~ci n area and not exceeding six feet in height. Suc~i si n must
not be located closer than 10 feet from any street right-of~wa?~.
I
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j
(c) "fem~porary election signs subject to the
following regulations:
• (i) No sign may excer~d eleven square feet in area
on one side. Signs shall not be designed to
have mare than twv sides.
tii) No sign .mav be ~rlaced earlier than the
Saturda~7.osest to 90 days_ before the
general, special ar school election to which
the sign relates.
(iii) All signs must be removed from display no
later than four days fallowing the election
to which then relate. Signs relatinQ to
unsuccessful primary election candidates
shall be remav~ed within four days foliawinq
the t~rimary election.
(iv) Tn addition to the other remedies available
to the City under this Cade, any sign remain~-
in~ on display be~+ond the times specified in
subparagraph (iii) of this paragraph is
deemed abandoned to the Citv and mav in the
City's discretion be removed, destroyed or
otherwise disposed of.
{v) It shall be the res~aonsibility of the sign
owner. the property owner, and in the case o~
a single family residence, the occut~arits, to
comply with the provisions of this paraarat?h.
ivi) No such sign shall be t~laced or maintained
• without the prior approval of the property
owner, and in the case of a single family
residence, the occupant.
(vii) No sign shall be located closer to the
traveled roadway than 10 feet behind the
nearest curb.
{vi.ii) xa sign shall be located within the 50 foot
triangle of the street intersection.
(2) MtTLTIPLE FAMILY RESIDENTIAL ATSTRICTS (MR-~,
MR-3}• '
(a) Identification Signs. One wall sign is
permitted per building not exceeding 12 sauare feet in sign area.
(b} Home Occupation Signs. One non illuminated
sign pex build_i_ng not exceeding two square feet fn scan area.
(c) Area Identification Sims. One freestanding
~n not .exceeding 24sauare feet in sign area or 4 feet in
height is permitted per area with 3 or more residential build-
ings. Such signs shall not be closer than l0 feet from any
street right-of-way and not closer than 50 feet from any street
intersection.
(d3 On-Site Directional Signs. Such signs mav
not exceed three sauare feet in sign area and if freestanding mav,
not be more than four feet in height.
ie) Temporary Ground 3ians other than those
described in Subd. 1(2}(a) mav be located only on ,~ra,~ertX owned
by a church. school, or non--profit cause or veteran s organiza~
t~.~n.
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.~i~e.~ .
f
{f) Temporary election signs sub~ect to the same
• regulations contained in subdivision 2(,1)(v) of this section.
(3} NEIGHBORHOOD BUSINESS DISTRICTS {C-1):
(a} 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
{b) On-site Directional Signs. Such signs may
not exceed three actuate. feet in area and sf freestanding shall
not exceed four feet in height.
(c) 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 ail
Wipes of freestanding signs except traffic and directional sictns.
A minimum vertical clearance of 14 feet is required for any such ~
sign located within 25 feet of any street or driveway inter-
section or at any other location where pedestrian or vehicle
traffic is required to pass under the sign.
(d) wall, Canop,~ and Marquee Signs. ~'he total
sign area for all such. signs may not exceed 15 ercent of the
total area of the face of the building to w~ich they are
attached. In the case of multiple accupanG~, the total area of
the signs which each occupant max erect may not exceed 15 percent
of the exterior wall of the portion of the building occupied bx
that occupant and to which the sign is affixed.
(e) Window Signs. The total sign area of such
signs shall not exceed 30 percent of the area of the window thex ~I
are attached to or dis la ed from.
t Pro ectin Si ns. One ro~ecting sign not i
( ) ~
exceeding six square feet ing sign area may be erected for each
occu ant. Such sign sha1.1 have a minimum vertical clearance of
eight feet and ,shall project no more than four feet from any wall
and shall be rigidl~ffixed to its supports az~d t,he~ buildinQ._
If illuminated, such sign max utilize only indirect i~llum
ni ation.
i4) GENERAL COMMERCIAL AND INDUSTRIAL DISTRICTS {C-2~
and I } : ~ it
{a) Identification Signs. One wall., sictn is
ermitted er bu' diva six s care £~eet. in sign
p p ilr~i;nct not excRe 9 _ _
area. The sign ma~ ~~identtfv only
the ~buil.dina ac7dzess and the
names of the busi e~~ e, ~
n saes ],or~t•, ~ i,n the building.
,(b) On-sf~t~e~~JDrec:t.onai Signs. DirP~tlcinal signs
are permitted Which c9o x~ot exceed three square feet: `in ~si n area
and if freest'an'ding do not e.xceod four feet in height .
{c} Ground R~ans~. The total sign area for ail
freestanding sicans excevt t=,rr~f.flr ~+n~ directional
s"ians on any,
~ropertY shall not exceed 2A(?~ ~~tt~re ~~feet in sign area and not
more than 27 feet in height. ~ A~ maximum vertical clea,ranre of 14
feet must be maintainef~ below any freestanding si
n~~].ocated
within 75 feet of alit' interser:t~on ~f aa. driveway with. street
ri ht-of-way, or at any other ~ ~
~,ocatf on where pedPSt'rian or
vehicle traffic passes under the sigq,n,~. ~ R
(d } wall , canopX anc~ Marcttee Signs . The total
sign area for such signs will not exceea
I~~~ercent of th.e total
wall area of the portion of the wall of the building t~o which
-10-
-#i~~~
i f
they are attached. In the cease of multiple accuvanc~,~~the total
area of wall window, cano or mar uee.si.gns which each occupant
t P.Y $
ma erect will not exceed 15 percent of the exterior wall area of
the portion of the build~.nc~ occupied by that occupant and to
which the sign is affixed.
(e} Window Signs. The -total sign. area of such
s~ci ns shall not exceed 30 percent of the area of the window thex
are attached to or displrwed from.
(f) Praiectina Signs. One proieetinq sign not
exceeding six ~sauare feet in sign area is {permitted on each
business. Such sign must have a minimum vertical height clear-
ance of eight feet, may project no more than four feet from env
wall and shall be rigidly affixed to its supports and the build-
ina.
{q) Banners, Wind Devices Pxomotianal Display
Devices and Fixed Temporary Ground B~.gns su~5~ect to the fallawinct
r~tandsrds
(i) Fixed Temporary ground signs, banners,
wind devices attached to env structure
vehicle, equipment or inventory and
constructed of canvas, plastic materialL
cloth rubber or other combustible
mater~al with or without framework;
shall be stranc~ly constructed and shall
be securely attached to their supports.
They shall be removed (.including all
framework anc~ ~upp~rts~ Ate soon as
damaged or torn.
(ii} There 8ha11 not be mare than one fixed
temporary around s#,an on any building
frontage.
(iii) No fixed temporary around sicln, banner,-
wind device. ar promotional display,
device shall project over Dubiic
property or ricrht-ot-wa
(iv) Na fixed temporary axou~ si,~n, banner,
wind device or promotional disp_l~
device shall be 1,~ca,ted in the c~tv
without first abta~n~,na ~ a permit there-
for from the buiidinct official. The
building official may imuoge conditions
upon the arant~in~of such ermit includ-
` inel the size of ~ such t~ are car devices: I~
It shall be unlawful ~o ' locate or
maintain any e~uch sign, banner or device
for a longer period ar in ~a different
manner than that specf..f~lerl in the
~ JJ ~J JI L
permit. No such ~permit~ sha,l'l be for a
period of mare tf~an '1 dav~: No more
than ~ permit6 shall be issti~ec9 to any
. i
business oraanizatian or institution
within any calendar year. ~ Ito such
. permit shall be granted where $uch fixed
temDarArY aign, banner,. or de"vice is
-11-
~ - -
~y~~y
f
prohibited by other provisions of this
code. Permits_~reauixed by this subdivi-
sion are sublect to the minimum fee
contained in A endix D. The fee
required-under Sect~.on 3.47 $ubdtvisian
,2,~ Para99.raPph ( 4 ) far the s~gn construc- -
t~on pert may be waived by the aitY
council if the stun, banners or device
is to be erected bY nonprofit civic or
ret7.atous institutions or bX public
bodies.
(h) Offsite Directional Signs. In addition to
the signs permitted by the precedinc~prov~,-
sians a hotel, restaurant or shot~ainq center
located on propertX having frontagge on a
freeway (I494, I35W, crosstown Hi~lhwaY bz,
and Trunk ~iighway 77) may Nava offsite
.directional signs on other prapertY abutting
upon a freeway if the caunctY grants a Permit
therefor. The application for such vermit
shall be made to the building official and
shall contain such information as to
establish the necessity of such sign. No
such hermit shall be issued until after the
Gity, Council has conducted a aubiic hearing
on the matter. Published and mailed notice
f of the public hearing shall be rovided to
ro erty owners within 350 feet ~ the site
where the sign is to be located at least i0
days prior to the date of the public hearin
The council, shall not giant such a perm~t
unless it ~ determines that the following
conditions will~e met.
(i) The offsite directional elan shall be
located on G-Z qenerai commerciallx or i
general industrially zoned property,
(ii) The sign i+s directional only. indicating
which exit from the freeway should be
used.
(iii) That there are conditions present on the
site whicti obscure the visi~aility of the
site and make it difficult for a
motorist to ~ determine how to get to the
site.
(iv) such sign shall have a sign area of no
mare than 100 square feet in area and be
no more than 27 feet in height.
(v) That the design of the sign and letter-
inc thereon sh~li he simple and easily
read, cont~~nq ~ minimal number o£
woxds witri'rio"unnecessary decoration or
pictures.
(vi ) That the offsl.tP clirectionai sign will
not caricea~ r~ ci,,~iira or otherwise
-12-
i
advar$ely impact other buildings or
signs in the area.
• ,t vii) That the off site directional sign will
not have an adverse impact traffic
safety,_
,(5) P~,ANNED UNIT DEVELOPMENTS. On1Y the signs shown
on the approved PUD plan shall be permitted.
VI:. By adding thereto the following new section to read as
follows:
3.48A OUTDOOR ADVERTISING DISPLAYS.
Subdivision 1. Permit Required. No new outdoor advertising
display may be established- in the city unless a_„permi.t is first
obtained. .Permits may be issued by the City ~Cour~ci.1 only after a
public hearing preceded by the diving of 10 days notice mailed to
the owners and oGCUpants of all nro»erties located in .whole or in
part within 660 feet of the proposed outdoor advertising di$pla..
Failure to comply with this notice requirement, however, sha~
not invalidate the proceedings. The cauncii may attach condi-
tions upon the granting of any permit.
Subdivision 2. The following regulations apply to sll
autdoar advertising displays within the cites
(1) Outdoor advertising dist~lays are permitted only in
the C-Z, PCZ{ I and Pi districts of the cites
• t2) An outdoor advertising display may not exceed 750
square feet in sign area per face.
(3) An outdoor advertising display may have no more
than two sign faces.
(4) All outdoor advertising dis~alavs will be free
standing signs either su~aAOrted by a single or double column or
some other support which has all structural and su,aport members
screened from view from all directions. -
(5) Outdoor advertising dtsPla $ ~ not be located
closer than 1,000 feet apart as measurer-clang the same $Sde of
the same roadway.
(6) The sign face of outdoor advertising displays must
not be visible from the boundary of any residentially zoned
proraerty which is located entire~,v or partially w~.thin 300 feet
of the sign face.
('l ? Outdoor adver, t s, ss i ng d i snlav~ may pat be located
within 300 feet of any school Qr church.
{8) Outdoor advertising displays must comply with the
setback re uiFements
a for buildings in the zoning district in
which they are located. And variance from those requirements
will be sub~ect to the procedure established in the zoning code
for such variances.
(9) 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.
-13~
~i~
F
{a} As a result of unique circumstances, a sign
27 feet in height could not be located an the
• premises so as to be visible from the
abutting street which it faces or that the
visibility of the sign from such street could
be substantially obstructed.
(b) The increased height of the sign would be
unlikely to have any adverse or detrimental
impact uAOn traffic safetvt pedestrian
safety, aestheticsS or the value of other
properties within the area.
(10) No outdoor advertisinga display may exceed 65 feet
in_lenath.
(11? Outdoor advertising dis lays shalX not be closer
than &60 feet from the right-of-way o~ any freeway within the
city (includin4 Highways 35-W{ 494. 62 and 77). No "traveling"
or changing message sari shall be located so us to face an Y,
freeway or be visible from the freeway. Any outdoor advertising
displays legally located within $5p feet of anx such ~reewax at
the time of adoption of this provision may be replacedt sub~ect
to compliance with the other provisions of the part and subject '
to the limitations hereinafter contained{ either in the same
location or at .another location along any such freeway provided ~
that such alternate location is first approved by the council.
The council may approve a relocation if it finds that the reloca- i
tion will lessen any adverse imuact of the sign upon traffic
safety and aesthetics.
. (12 ) A vermit shall not bP. issued ,fc~r " any new outdoor
advertising display if such outdoor t~dvertisinc~~~dis~lay would be
within 300 feet of any other such outdoor advertising display
already in existence in the interior of the same city block or
its equivalent area.
Subdivision 3. Nonaonformina Outdoor Advertising Dis lp ays.
Outdoor Advertising Displays lawfully erected and located on the
effective date of this section may continue subiect to the i
following limitations:
(1) Except as ~rovided in Subdivision 2, paragraph it I,
of this section, no noncon,f~,rming outdoor,. advertis~.ng display may '
be expanded, rebuilt, relocated or altered without being brought
into conformity with the requirements of this ordinance.,, This
provision sha].~. not apply to the-following circumstances.
(a) The rebuilding of an outdoor advertising
disp~ which sustains damsga the repair of
which in the opinion of the buiiding official
will cast less than 50$ of the .replacement
cost of phv$ical structure prior to the ~
damage.
(b) Nonstructural alterations or modifications I,
designed to improve the appearance of the
sign and changes of the sign face.
-14-
(2} Any outdoor advertising display which. is not .used..
for advertising ur~oses for a peri.od~ of morn. than two Years
shall be deemed a~andoned and must be removed by the owner of the
.parcel on which it is located.
3.49 CONSTROCTION, DESIGN, LOCATION AND MAINTENANCE 4F SIGNS.
Subdivision 1. All Siang: Construction, Design, Location
and Maintenance. Everysign 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 o£ the provisions of .this code xelating to zoning..
No sign shall. be so located as to obs-cure ar tend to obscure any I
exiting sign. Z'he fallowing .additional requirements .are to be
observed:
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i51} Where portions of a sign are subject to different
classifications, each portion shah. meet the requirements of ite
classification.
A1]. signs and sign structures shall be maintained
in a -safe condition and in a state of good repair at ail times.
No sign shall display obscene matter.
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grew#eesT-w~~~~e~?~x~--i~-`.:-~r,,: ~ -ot-E•b~--r~et-~c•~c~;~d-•fi~t~ l~ei~a~h•~-€e~
seek-a#e~n-aa-ehewn-en-the-ap}are~ed-~4~,a~-Bee#e~fie~t-P#a~t-~e~-bhe
peege~+t~*±-•EA~-f~- 3•erarrte~-ad~e~ent -~c~--a-r~~-~~?e~~t~~T-w~~~
rleb-e~ceeed-~~-#.gh~- ~~ee~--o~--~r~-~ar~-sf-ar~Y-bt~t~dtr~e~
~eee~ted-~-t}~e- ~~~-~~e~#eeeT- •-~~:~-#s- 1-ese-,--~5#--~~•I--be
fee ab a d-oa--#~:~~~-~~~'r~•s' -er-~-•~a•-~g~z~e~~a-~-aem~a~e~a~~ -{e- A }
@~eperb~?--s•~.:-~~~h~~--~-•!~~~.L~~~,.e-~~s~eet--ate-~-bhe
e~by; --{-4}-~w~.~3-•-yet-~~~-i~~ri~--399--feed-~o-f--err~~--+~il.-e--fay#~}
ree#dersee-~s~e~e~~~+; -{33-~wri3~.---~rdtrl~ -Mfs~l~~~~~y~-free
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er-~r-x~i.~~~r~,---~3re- ~r~wrs~iaffa-ef-t~h~~--s~xbe~i-vi-e~.~xt--d~o-~--rrpp~~-te
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eeel-e,E--t~~-:
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at~Y-•s~~-.~~~~.-~1~~}}-deeer~be-~#ie-•~e~r-~•rr-e~c~a~~r~-.¢se~ad~r~f
the-~'.::,~~r--to--Ise--t~$ed--bkereerrT-end-~~~i--a~i~r-e~~~~--be-eehet~dete~]
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a ~ b ~ e e~b - t e- bi~e- ~~3.~.•eet•i -a~~--~pefs-ia=1- ~r~~-a• - #~t~asee~ - I~
t k e - ee?r~~#~-~- - ~r~-~rro~~.~-03~ ~ -~r•~e--$~d-i-~•i-o~-i~ -rtet-app~Y-t e
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a~~aeh-~o~di,~ty.~rr~--be-ti~r~--~tte~r-apes#a~--pern~~.~., --Ne--aexdr-per~~t
eha~~-be-fer-a-per#ed-of-mere-than-f#~e-~eeret--~4t-tke-end-eg-bhe
per~~t-•perfedy-•t1~e-a~g.tt-eha~~-net-be-reta#aed-en-the-green#ees-bt~b
ehe~r~-~•-~..:.,,, ~wee~-b~--~~e~e~~~+-~w~re~-t~•~}~eo--a-mew--sgecta~
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etr~tet~re--a}ra33-~i-k~-bhe-e#eta-in--dlLr-i~l-tad-i~-tyre-cep}
te--b~---bheree~T--~a~d•--~kc~r--a#gr~--~lta~~--~-~r~~~~-er?d
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t ~n e-~e~~e-i~z fi~~re-~~o~f.-a-i~rrre--cry-~-i-e--e{.~k}d-~~i-orr ~ -rrab -apply- b e
• e~tdeer-ad~ert#a#ag-diap#e~*e:--fB#~#-i98~-~}-g~i4~$3
f 8}--saek-a#gt~-e>ga~~-be-used-ar,d-mait~taihed-erg#y-in-the
maaaer--~e~~it-arid-j~e~o~-be-~t~-aerrrek~t-io-rre--~~~pa,se~-~-tl~e ~
tine-ti?e-perm#t-bkere€er-was-$rat~tedT
subd. ~2. Ground Signet construction and Design. The
following standard shall be maintained for all ground signs j
~4 dd # t t seal - ~o~el~~~.o~$-, --fi}~rre--~o-l3-ctw-ii~i~i o-~+er~ -eead~tb Derr - eh a# #
be-ebeer~*ed: it
f ~}--Ne--g~c~,rnc~--s#gr,--(-cytti Lam-temporary-n~--a#g~e}~
e#ghb9ard-er-~b-i~~~,aa~d-~ra3~.--aixD~t---ail~~o-it~"'~`=
=r`-~~rr~rr-d
€ee t - ~~r- arty- ~~1-dim--t~~r#es~e - a e eh-~e~g~--i~e-~-p-1--gar~~l~l--~a-b b e I'~~
e#d a-e€- ~~se--loft-i3~f-erg-s--..:. ~ --e#rerl~r-a~rr~-e~a}r-~i~-be•-p~aea~-w 4th #r~- 6 '
€ee~--~o~-t~,e--,s~de~-of--~~-het:--atc~r--nearer-~-h~--err-f~k--to--a~r~Y
attest-~~.~e-~ret~~s~-=--rff-he-~ee-t~b~3~i-e~ie~-c~-a~at~a~ta•~~-b~t4~d#~ig
~~tseT--no-r-~rt~i-t~ri~r--~~--Bee`t`-~-afl~*-~k-reef--?~--right-ef-way:
wkeae~ef-~.he-es~a~?3~e~i~1-+~-..~ret~ ~n-i#-c-b~-~3-d•frtg--~f~re-~}~e~? '
b k e- ~st~~e~- ~ -e~h- -~-rc~t~--e - t e - ~~r fie- -~M
- -i-~r -mere - b 1"i a r~ '
~5-€~ee-t--~rt~--~lre-sbreeb-~ ~
~~-~~rrer-tkes~-'r--aig~-eha~#
~?et-a~~~i-;;~,~~..= _t}re-~ -~lre~-reta~ls~#sl~ed-er-etietemary
apt#~Eer~t-b~tiidiag-dine- '
{gl) 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 ];ocated free of long
• grass, weeds or other rank grown, rubbish ox debris.
(32 ? Ail parts of ground signs, ether--~r+o•rr-ben~perary
gret}~td--s-i~rs~ 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
apprevad~bY-tke-eb#e€-fxepeeter as required by the building code.
f4}--Ne-permit-elrtai~-be-grahted-for-tke-~eeat#ee-of-aay
greend-a#gr~-}rev#hg-e-a#e~r~--sere-ef-xtare-than-49-ee~esre-f eetT-w#tt•,#n
# 98--€set--e€--a~~--ef~rg-l-e-~l-~-~~~--~ro~v3~c~--that--tke
ee ~ tie i ~ art--a--ap~eei~r~-p~ermr~ -k ere f er-~~-~~re-*~-c~r~ - s ate h
residersee-~}t~aee-h#a-wr#ttea-eer~eer,t-bherete~
(b3) Pedestal signs permitted by the zoning regu-
lations of .the city and by this part may be 3ocated adjacent to
the right-of-way of a street ar highway, but na part thereof
shall extend over the right-of-way.
{(4) The minimum clearance of any sign from unprotect~
ed electrical conductors (whether poles or other ins.taliations)
shall be not less than 36 inches for conductors carrying not ovex
600 volts, and 48 inches from conductors carrying more than 600 'i
volts.
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acid-Reetrfetie~ie~r ~i
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ebtair~ed---perrnite-may-be-ise~ted-birWthe-a#ty-eee~te##-et~iy-after-a i
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tke-ewaers-az~d-veettpaats-ef-e~~#-}~rep~srb~ea-~eeeted-4r~-wke~e-er-rrc
part-w~th~~3-6b9-feet-ef-~~,e-prepeeed-e~t~deer-adYart~s~ng-df ep~ag~~r
• ~a##are-t~--c~sm~~~-~ft~i--t~M-i-~-r~etteE-rl~~..,~:~t~-~= ~-3ha~#
3°l8t~--9:3liFa•~:.~~~-t~'1~--~
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d#tter~e-apes-the-groat#ng-of-anY-perm#tT
~ ~ - - ~ k e - - #~r3.3~i.-rrg- - -r~e~~r~&~ #~c~rra - - ~a - -to- - - a # #
eetdee~-advert#s#~?g-d#s~s#axs-w#this-the-e#tY~
---------------f a}--6~ttdeer--~~c~b~a~rrg~-ti~e~l~e~-~a~e--perms#~~ed
es~y-#~t-tke-e-~T-p6-~~-~-aad-p-#-d#etr#ete-ef-tke-e#tyz
fb}--~~-eatdeer-advert#e#sg-d#e~}ax-mar-r~et-e~xeeed
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~s}--~~-oar--advert#s#ag--d~.-Grp-1~--max--~ra~e--rye
mere-than-twe-ergs-faeee~
4~d}--h##•--e~ttdeer-•-advert#s#sg--d4e~a~a~e--w###--be
freestasd#rig-~#~~a-~•tlx~~~~&-by--a--~~sg~e-ex-d~e~b~e-ee~~ms
®r--~~te--o~h~:: -~g~...~. ~--wk#ei~--h~~--a-I~- --~~rrel--et~ppert
r~e~bere-ee~ee~ed-ffem-~#ew-f~e~-a##-d#reet#elis,r
~ e} --8 ~ t d e sr--~~dw~~~~+~---d~3~ri~e---tna~---rx~b - -b e
#eeated-~}.~s~--hherr~-~~t~-feet-a~aa~-~ -at~o-~g-~~re-same
. e4ele-ef-#ke-~ar~e-readwaYT
~f }--~Fhc-a#gs-feae-ef-•et~tdeer-advert#e#sg-d#ep~aye
m~ s t-set-fie- ~i-~i~r}.~-f3~o~n-fire-~kxi~s+y- ~~-rea~derr~#a~~r -e es ed
~areperty•-l.~r• i-a`-~~~ed-eflt~ra~y-~~-~rt-bra-1-~~+*f~ri-~-~$4-feet
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" fh}--eatdesr-advert#a#ag-d#e~a#a~re-meet-eemp~y-w#bk
• tke-se~bae#-~^ee~~~i^e~~s-#~-#~r1.3~-i~~r-t•Yre- a~er~i-~c~---~~s~~r#~et-#~
wh#e~-~tre~--are- r--As~~+-~ras~:~-fret-e--rega#remests
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+der-e~ae~i-var#aseee:
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feet--~~r-~re~~rt--abeve--ire--gre~~~--1~-v~~-~#--~k~e-~rea~e~-street
rewards-`e--~~-f~&CE~rr--the-~a:,,:+~-~'f-~@3'A'1~t--a•1Cr-3-!'1~.... ~::s:. -#!'t
the-~13.~-ire,~~Yt~--ba-a-~a~c~~tttwtr-od--4&-feet-~.~r-~h~~r*e~rr~-that
the-fe##ek#sg-f#sd#s~ge-are-madet
#3---~e-•a-=~i~fi~-ef-•t~rrlr~tre-~~r.,~,,. ~s•r-a
e#gs-~~-feet-#s-ke#gkt-Ce+~~d-set-be-#eeated-es-tke-preen#aee-ee-as
te••~e--~t#~a~b~e-~~. ~.s,.--t¦1~-abort#sg-~1.. ~ ~~-w~i~r-#t-•€t~aee-~or~-tkab
v#e#b4##ty-~-t~-a#g~--f~rn't--air-et~ree#--c~o~-3~ -a~betaab#a##~+
8~t9t3'tietedr _ .
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be=-t~~r~#lre~~--to---~ra~e---adverse---err-;;.~;_,~~-~.~a~t--~pe~
traffte--et~- -ia~r-safetYT--a~~t~ret~~---fir-the--~d?-1-tom-ef
ebker-preperb#ee-w#tk#s-tke-area*
~~}--Ne-e~t~~oo~- =-s-i'~g-'c~e~'3-r~y'~e~ry'-rx~ece~-6d
feet-#a-#eagth~
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effect#ve--c~~be-~-t#ri~--sect#es-~rrr~?•- -~•-td--tie
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used-fer-ad~*erbts#r~g-pt3rpeees-fer-e-per#ed-ef-Mere-bhen•-bwe-yearn
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~reewa~-w#bh#~-#T898-feebf-}6}-bhab-#b-#e-Deb-praeb#erab~e-be-Q#ve
bhe - eame~• ~.~~~.~x~a3.- -~-rr~o~a~.~#~- -e~a~£~1•~ -tom -c~~tl~~ -netaas• -seek - e a - e~
~arger-•a~e~•a--o~•-~-G-e~~-~-aeb~a~l~-er-~~eab•~--Sri-i-chi-~g--h•e~•h•~-fer
bhe-aeb#v#bY-er-ea@-#aye~~ved;-f~}-bhat-the-deft#gr~-ef-bhe-a#gr-asd
bhe-#etter~~e~-~~hea~eo#-~+rl~i~-~~ed.~rl~-ea~•~1-~-rea~e~~-ee~Ee#~?f~g
-19-
I
~6-met--~-fi~rt~~~~~xrrd$--w~~~r-rre-~tarrt?eeaaary-decexa-
t~en-er-pfeeereet-E8}-t}tae-b}~e-dfreeefet~af-~e#e~~t-w##f-see-eer~eeefT
ebeeere-~-S€--feg#bfinebe--use-~~-~i~.~l~rrg~--e~--a-~g~rs---i-rr-#ts
~r#e#~#byT--e~-bh~e~-beea~ae--e~--feea~~er,z-~1~-e~-~d~i.~s--¢9}-the
d#reee#s`r~af-~i.-err-~tf~f-~,r~-~-fret-~re~.~~g- -er I,,
degree#aee--e~#eb#ag-eve#epmene:
Subd:-f~~--,A,~,~f#eat#e~-~e~-perm#e:--~~,e-apps#eab#ea-fer-sael~
s-~~e-ia~-ri-~ ~h~a-1-~-b~-~rece~g~arr~ed~b~r~~d~»~~ -a~a•-be
eeeab~#e~,-the-eesdit#ene-r~eeeaea~ry-der-tine-e~ra~e#eg-bi~ereef-
6t~bd~e-~~~~-Pe~3~e-~e~a~itr~-,,--~o--et~r-L ~~...~-~~-br-grai~teel
~tr~~eee-~}~e-appf#sar~b-uses-g#ves-aff-prf~a~e-preperb~+-awsere-w#th#r~
888-#~e~--b~-t~l~ ~r~as~d• -e~fre~bfe~taf -a#g~-~w~i.~~~-,~,e--a~-~~i e
dater-eeme-aid-pfaee-ae-w}s#ek-t3~e-eaeaetf-sbs~~-held-a-~ieerf r~g-ee
ehe-~eeet#e~-ef-e~raattng-s~eb-persi#~~
Subd. X33. Proi,eetion Signet Construction and Design. The
following standards shall be maintained for alI projection signs:
(i) All portions oP projection signs shall be designed
for a wind pressuxe of not less than 30 pounds per square foot. ,
{2) Such signs shall not project over public street
right-of-way, but may project over sidewalks located an pr~.vate
property such as shopping center sidewalks. ,Na 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 tha sidewalk may be eight
• or more feet above the sidewalk. tae-~r~j~~~s•--~~g~--~ra3~.
pre~ece-~~$-~~z~1r-~1~-~e~--~o-re--tba~--e~q~rb--feet--over--a~Y
prf~rste-a#dewa#~:
f3}--4~here-l~-be--no--etere-~}~arr-~w~r-fee~~-~ -epaee
beb we a r~-~ he-~~,r~~- ~e}g~-~o~--~~-~trcFh--ei g~-~asx~-~l~rs•-fa~are -e€ ke-waf ~
f rest- w~~e~h--it~--p~ro~'~-r-~ras~-akaf~-t e~-~s~e~~-~ge~ -a~grr-i~ e
mere-~}yes-a#g}~~-fleet-f~et~-bbe-~aee-ef-brie-wa~~:
~r4} (3) The building or structure from which any such
sign projects and all attachments or fastenings must be so
constructed as to safely resift the dead load and the wind load
added by the attached sign. The sign must be rigidly attached to
its supports.
f5}.(4) All such signs shall be of non-combustible
materials, or of ae~--~e~r-~{S~~--d~-~rr~-ffrc--ins-i-s~Hte fare
retardant construction.
Subd:--#4:---beef--S#g~ei---~efl$er~tee#ee--aged--Bee#~e~---~P~,e
fef~ewteg-etaedards-sha~~-be-mafebnfrted-der-a##~-wee€-e~g3~et
f f } --N e-feef-~s~g~--X3.3-~e-~ 3~a~t*e~ ~ ~~eareir - -5 -fee ~
frees-~~~rt~e-icy -r~~~-~e~ras~-w}~~eis-~~-~~a~-s•y-~r--axc~k-~5~-feet
#t'i-~ie~ghe-abe~e-the-reef-~e~e~-ef-bke-b~3#~d#r~g-~e~e~se-eeeeerseted
#ategra~--w~i~t~h--~~e--btr~l~i-i~tg--er-~.•+±~;--a$r~-~s~~3~-~-pre~eeb
be~reed-e~ieW~ed~~e-~€-~i~f9-~oo~-~--~r~+-~rre~~i~r--ter-t~~re-pt~rpeeee
ef --t~ri~-~ti-v-i-~i-~r~~ - f # e~ht s--~ett~, i,. ~--~o- -the-~#.~gfl--~x~tt~t~-aBd
ftghbs--Pr~~a~he~d~--~o--~~--b~effdfng--arxf-~~....t-tie--~?#g~t
ee~~et~re-chaff-b~-eeeefdered-part-ef-tie-a#gr~-e~s+~ebttre:
-20-~
-~i~
E
4d}--eery-~saeb-a#g~-sha##-be-a#ther-~eba~T-~+eta~-c~adT
tsee~nb~3t#b#e~-~se~r~-w#re-~-epe~r-~e~t~3-~-~~c#~r-e~ae}~-~re~t--shah
e#gr~-Bey-}~a~e-#etteraT-f#e~~~eeT-eba~as~arsT-er-berde~e-ef-weed-#~
s~teh-~bo~deee-~3o--~ro~ ~.~-~t~-~-i~r-~+ri-c~tl~r-a~rre~--s~rel~-weeder
~e~~eeeT-f'f~t13'L°s-~~~E~h~'~a~~+s~~--rro-t -~+?~e~--~1"'Cs'~a'19"^~~$-of-~~3E
area-e~-site}~-s#gsT-p~e~#dad-th~t-#n~p~eee-ed-e~iee~-~e~a#~-a~b~rt#-
t e~ ~ ea- may- ~be-~tra~ ~ the--do-l-l-o~i-n+~--~4~~~arl-s~L --be~pere~ -pre s$ed
weed-e~f-*r-~i~i-l-ar-~t~~'_al-~ ~~~~o-v~cl--1~~-bke-el~#e~-#r~epeeterf
~ta~*#se~-e~wat~- fiaege~~~e~s-a~s--tom- -~®~a~~re-res4a-
basee•
{.3}--Ne-eeeh-b4gs-+~l~a~~-be-ee-p~eeed-es-~e-g~e~eat-free
paeeage-ef-gereese-€rem-efl-e-gait-of-#be-reef-be-aaee~ser~
f 4 } eke-~be#~ddsg- e~--s~-~tte~t~~~ -w~h~~tt- ~t~rIr -s ~e~rr-# e
f#aeed~-a~~l-~.~-~ t~ -o~a~rrg~e~a~t~s~t•-1~e-ae-ee3~+~t~~ated
a s-~ e- ~caf e~ y-~e~- t~» ~+ed-~.--a~t3c~ e-~rrrc~-~a~-~dd~ea -by-~h e
a~~aebed--~i~r~-~a~,d--f~r-r--~a~~er-~s--te--aaa~--da~+ege--~+~r-tie
be#~dd~ig-e~-s~~eetare-ens-wh#el~-aaeh-s~gr~-f e-P#aeedT
f5}--Ne-~e~-~+l~g~r-~e}~]r~ -be-~o-l°e•~~2r1~-~r5~-peeb-trc-#eagth
~,er-,~ra33-~-ax-~s~-mere-~~.~~t -fir-feet'-a~e~ae-~~-~~.~~-tl~e
' reef-ef-~~,e-~rFa~~.~i-h~-~~h~.-ah-~~.-e- =r--i?~o--reef-a#g~-eha##
e~tesd-~taa,e-~~te~--~-f~ee~--~bewe-tbe-~~~~~~a-tom ~e-1--~f~-ti~at
gars-of-tke-street-beward-wk#ek-#t-gaeee~r
Subd. X54. Wall signs; Construction and Design. The
fallowing standards shall be maiMtained for all wall signs:
(1) No wall sign shall have a pro~ectian aver a
private sidewalk or an established building line of mare than 12
• inches.
{2) The materials, construction and attachment of any
such sign shall ~ee~-~}~e-saute-~~°rd~--~r~~gtri~:~,,,::~sr~-r~af
s#g~e conform to the requirements of the building code.
s~tbd,r--3.6.---w#ad--De~~c,~r-~tet3~e~rra3--$r~ta~r~--~e~i~~.s -aAd
P # s e d - ~.'ErY+a~ ~Er~.`OtHtd--,~i-~lrs~r --eke -~€@i~~W~.~rg--at a~a3'd~e--~l~rar~~-be
as#s~a~sed-fey-a~~-bassers-asd-tel~gerarY-etgss~ ,
..--..___"~-~~}-_~~IRg63°ar*f--$'1-g!'1$-aA!'~--}J+&~l3i8r~-d$Y#GeO- -t0
gay-~i~.~i.~-~rr'rd--tr+ -ef-~a~s~T-p-1~st~3~-~-t~ta~r•#ar~r-e~@tb
er-etker-eeritbt3a~~b~e-~tater#a#-wfEl~-er-w~~heet-f~amewe~l~t-ska##-be
8bre!'lg~p- -d~lid•-~'~~~"'~'}e`~8~101~3'8~y-~@C~-~4-~iReti'
e~tpperter--~he•~-sl~a}~--b~.-~e~te~red--{~-n~1.~kdrl-erg--a~~-.~
~,,;.r-;~-arid
eegper#s}-as-seers-as-damaged-er~tera-er~d-fr?-se-eaee~#abe;e-tt~aa-6A
deYe-afeer-ereeb~es~
F2} ~PemperarY-e~~fl~s-~~i-b`1-e-~t~ri~l--~~ra~~-sa#
be- 1,;,: ; ~.~-~~ar--~~-~sgtrarr+e--feet- ire-area--~c~~---~~--f~ee~-ef
b+~#}d#ag--f~ot~t~e-~---'P~era•-eta##-~ro~t -ba•-Mere--t-~r~rrr-o~-bempererY
e#gs-e~,-an}~-be##d#~e~-f~e~,tae~e~
{3}..~Ne--ee~gera~~*--e#gs--ef--eemb~eb#l~#e--eesst~t~ettes
e ~a # # --~ra~~ --o~e~-- ~rtt~ii~- peeper t~*-mar -~i-g~r~-~t~--w+erY'r- fit--nay
eete~id-a-~ta~tti~t~i~-ef-a#3t-#sebes-trees-tbe-feee-ef-tMe-be#~d#~igY
f4}--~e~perary--s~ig~--od`-:.. ,,,b~~i~l~-aerr~~~~e~~ar~-e~sa~#
set-fie- ~sg- ae-~t~e--ice ee ~e r-•e~.~~e~--pa•~~~~~~g-~-o~p-l-eke-1-~+--a~~?
eleer7-w#r~dewz-e~-ages#sg-~ee~steed-far-~ese##ab#es:
f~}--~Je--reef--g#gs--sba##--be--mere--bras--ee~b~teb~b#e
~ate~~a#eT-,a-~--~o--t~e~tra~ry~-gre~sd-a~.~~-~~7.~.~-ba--tamed e~~-~~y
wZ1w
J
f
me}~#p#e-reefder,cez-ce~n~nere#et#-er-#r~dttatr#a~-preperty-#a-the-c#tY
w#thet~t--ftr$t--ebb~t~r~rr~--a•--s~pe~i~a-~--~~--rt~~
= -~f3^e~--the
• ee~aa##:r-~f-the-eet~~c##-b~##d#ng-eff#e#a#-determ#nee-te-grant-a~i
app # #e a t # e r~-f~ ~--s~pe~i~er~--per~# t- f ~or'- --s~~xc~--~e~tp~rr?~r~-~f~g~rr --er
bar~r~er#ag=--v~----e~tek--~~„~„t rg...~,~ ,.tad--a#gr~r--~-#~~+pese
eer~dit#arts-apefl-~~e~-wy~:.~s~~-~~}--tires-~vi ~t't& ~-a'~r~~-~e-~t~r~~r~€~~-te
#eeate-+~-~-sA~---sr-er-~~i-~-o~-~+~~-~r-#eager
per#ed--ar--~-~--d#fferer?b--~xs~..,~z~~-~t~re~rr»t}gab--egse~c~i-fed--~.~r--tire
epee#es#-per~#t:--Ne-~~~-~pertrd.~3.-~.~t--~a•1~3~-~~-ar der-e€
sere--qtr-66--d~~-~---Abe--e{tear-epee~e~-~.~~.„~ft--she##-ire--grar,ted~
h e w e a e r T- nth e r e-~ t~e~a~?- ~ -~re~ -~re~rfl~i~e~ - b~
etker-prev#e#e~se~-ef-bk#e-eede~
gt~bd: R~?e##eat#erg-~-9t}~e~-~rcw~~-~a3'!~~-a€-~h-~e-WPa~t:
~Fe~persr~-greand~e#g~ie-es-de€#~ed-#~-seat#e~-3:~4~~-S~i~d#~r#e#ea-#T
eE-tk#e-part-s}~a}#-ea~ag#~-w#th-the-p~ev#ete~e-ef-Sttbdt~d#eter~ #b
St~I~d:--~8:---Pr~t~re~~~--c~-f~rr-tri# -~,~rp3~.~~~~o~n~e :---i3pe~
preeeetabtert-ef-e~pp##eet#e~iy-per~#t-€ee~-p}ane-ar~d-+spee~#€4e~at#et~e
a~e~--c~~l~r~~--~eq~~'._ :.d--~.~f+a~~~--bhe--~i-gi°r-.~.r,.~~i.E..~.±~--pert#t
e h s # # - be- ~~~~ed-'b~ tire' gear ~-~i-~ ~~t~i-~~-ex~etpb -a e
prev#dad-#aR6~bdf~fe#es~-#9-of-tb#e-Beet#eat
S~bd--#9:--Epee#a#-Reere~e#-frets-8e~tee##R--~r~-the-setae-ef-ea
aPp# # eat # en- ~--e~1.-g~r...~,~,~r~.g..a. .i~~-pcrnt~t' ~ -er -~?h f ear--~rf # #
be-###~~#datedT-er-rev#~g~-e~-ef-~eies~et#-use#ghtT-a#aeT-des#ge3~-e~
#eeat#9~3z-~~~t-sha##-~ef~-r-~#g3~-~~-~h~-~et~~r~-f er
+~Ppre~*a# : ~-~+Trtr--~r~~t'-fes-~r~y--e~te~r-.~.fg~--air-~t*de~ed~--era-~-~--be
#seated-w#bhe43b-f#reb-obbe#ss#r~e~-bhe-appreve~-ef-bhe-ee~tr~e#~:
Sebds-~-0-a--~i~~-r~s'i~-~relt!-~e3°~RS-~- d~ -F1~t~b~t~r--Ne
e#g~?-sha~#-be-ereete~T-ase~-er-~a~ata#~te~- ~-~a-~na~er-at-vex#ar~ce
f~e~t-t}te-~~~~.~~~~-~#-~~i.~e~--~od~--o~--c~~~w= -~ro~-b~r~~-eppre~red
bY--tLl~-ee~r~e## : Ne--b~~~rtc~--er- ~'--perm#t-~r~-a--fin
sha##-be-gret~ted-gat##-the-s#gr~-perm#t-hae-beet-appreved:
~~bd~-~#~--Vetere-~er~#te,r--74-pcr~#b-eha##-set-be-#sst~ed-far
e ~ ~ - -r~ew- -br~l-k~c3+~rc# - e ~ - ert3-~i-~g- -ed~ - # a e~ a t e d - ~of~'- -~h~ - p r e t~ # e e e
where-~~re- t- ~r~a&t~~-# e~-~o~~=--~~-Y~r -k~~~~k~rc9~ -er-e~ g a
wets#d--kr~-w~~b~r#rr-3-0~- f~e~-ef-,a~r~-ether-r-b###beard--o-r--e#g~
a#rendY-~9.-n-~x'~*_~.!~7iei-#r?-t#,~e~--~rrt tv~-a~-the-~~te~~t~--b3-o~lr-er
3t9-~3iiFa3~"tl~~}~`i~•: --~'trYl1't~`9-'!~t&'~--~?e'-'~!?19~1$d°'x`03~'~'~2':.:. ~.`t$PhE!'~-8~'
#de~t#ftcst#erg-s#gns---RrtY-b##~beerd-remeved-~rtder-the-pfev#stene
e€-i~-o-i~r- ~2--e€-~h-~-eeet#®R-~k~~--~rrr~~-~b~-~i-a~t~e~t--14r,~
b###beard-~t-ro-~-~--at®~~ts--a~--ae~~--~f-Frtrd--~ar~-.-kre--reb~##t
w#th#~-99-daYs~-#f-ee~tp#~?#~,Q-w#th-th#e-paths
6abd-- L~ . -~i~o-r~-$r~ferae~ent-~a~rrd- ,i~,~,.~,::~.rbe--F~reced~t-rr: --any
acid-~l~-erdere--e~-re#ee-~xi--reg~#eb#arts-~dop~t.~d--er--~e~t~~d--er
#es~ted--b~--tke--~~y--eR€ereemer~t-~o-f~£-i~i~e-1~ ~~ra~arr~-~~--~~-pre-
v#e#e~+s-ed-~}t~~s-~-~s~}rai3 ~e-T:~,:.~T-'~ ~-th~a~r~rte~-prev~~~ee~-#~
See:- 3-r~~-~'~- P~1°~-~-'E?~-~kte~-~h~d}~ei~r--S'~E~t~~d~.°~'tT--~p~eiae0~Y~6?--~t~-
gr#sued-~--ate-vie-r•-o-r~-~t~~e-er-~~~.~a~~~--ea~ -~r~r-aeeer-
dartee-wt~k-~~e-p~e~~g#eye-e~-Sep:-3~#3-er-~a~t-~-ef-~~#~-e~,apte~:
-22-
F
Subd. 5. Nonconforming Signs.
(1} Any sign prohibited by ,this ordinance or not in
conformance with the standards, rectuirements and provisions of
this ordinance, which was lawfully erected and maintained prior
to this ordinance, shall be defined as a nonconfarming si n.
{2) Except as provided in Section 3.48at Subdivision
3~ all nonconforming signs shall be removed or brought in confor-
mity with this ordinance within the foilowin~ time periods:
1. Anv nonconforming temporary sign: within 60
days of the adoption of this ordinance.
2. Anv nonconforming Permanent sign: within
five i5) years of the adoption of this
ordinance.
~3} Nothing in this ordinance shall relieve the owner
or user of anyW »onconforming'sin~` 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.
(4} Nonconforming signs shall not be ex~aanded,
rebuilt, relocated or altered other than to chance the copy
without being brought into compliance with .the requirements of
this ordinance. Nonstructura3. alterations or modifications
designed to improve the appearance of the sign which do not
increase the sign area are Permitted.
i5t Whenever use of a nonconforming sign has been
discontinued for a t~eriod of two years, such use shall not
thereafter be resumed unless it is in, conformance with the
provisions of this ordinance..
OOOOODO1.S40
-23-
• CITY OF RICHFIELD, MI,~~~~SOTA
Council Letter No. 217
Agenda July 13, 1987
Issue Statement:
Public Hearing and Second Reading of an Ordinance Proposing an'
Amendment to the City Charter regarding Purchases and Contracts.
Background:
Sections 6.05 and 6.06 of the City Charter address the subject of
purchases and contracts. Under the current provisions of 6.05,
Purchases and Contracts, the City Manager may make or let a
contract for the purchase of merchandise, materials and equipment
or any kind of construction work, when the amount of such
contract does not exceed $10,000. If such contract exceeds
~ $10,000, but is less than $15,000, it .may be let by the City
Manager after first obtaining approval of the City Council.
Section 6.05 goes on to say that all other purchases shall be
made and all other contracts shall be let by the Council.
Section 6.06 entitled Contracts: How Let, indicates that every
contract for the sale or purchase of merchandise, materials or
equipment or the rental thereof, or for construction, alteration,
repair, maintenance of real or personal. property where the amount
involved is more than $15,000, shall be let only by the City
Council, upon recommendation of the City Manager to the lowest
• responsible bidder, unless the Council shall otherwise provide by
Resolution, adopted by a majority of the council and published
once in the official legal newspaper of the City. i,
There are several important considerations which are not now
covered in Sections 6.05 and 6.06 which need to be addressed in
the immediate future. First, Section 6.05 of the City Charter
does not reference rental or lease agreements, purchase of
service agreements, or the sale of City material, equipment or
supplies. Additionally, the final statement in Section 6.05
makes it confusing as to what kind of routine purchases can be
approved administratively by the City .Manager, and which must be
approved by the City Council. Under Minnesota Statute 471.345,
the Uniform Municipal Contracting Law, rental or lease of
merchandise, materials or equipment, or the sales thereof, is i
covered, thus it would be helpful to have the City Charter
language conform to the Uniform Municipal Contracting Law
Statute. In addition, while the State Uniform Municipal
Contracting Law does not address purchase of services, it is
recommended that within the City Charter, contracts for purchase
of services be specifically included, so as to clarify exactly
where the authority for executing such contracts would lie.
Along with the City Charter language, the City also has in place
Resolution No. 6847, which directs the City Manager to inform the
. City Council of purchases in excess of $5,000, even though the
Charter allows the City Manager to make purchases or contracts up
to $10,000, without Council approval. The latter Resolution is
#/..3
• the reason why purchases in excess of $5,000 are now included
under the Consent Calendar. in the City Council Agenda. If the
City Council wishes to continue that practice, the Resolution
should also be modified to conform with the new Charter language.
The attached language drafted. by the City .Attorney's Office
attempts to clarify within Section 6..05 the entire scope of
purchases and services authority of the City Manager and City
Council and includes rental or lease agreements, repair work,
purchase of services and sale of City assets and equipment.
Section 6.06, entitled Contracts: How Let, would be deleted
insofar as all appropriate language would be covered in Section
6.05.
Under the proposed Charter language, the authority of the City
Manager to let contracts is basically unchanged, in that the City
Manager retains the authority to make purchases under $10,000 and
purchases between $10,000 and $15,000 may be let by the City
Manager after first obtaining approval of the City Council. The
real change in the new language of 6.05 is that it clarifies that
purchases for personal services, rentals and leases, sale of City
property, is all specifically included within the dollar limits
established by Charter Provision 6.05.
Authority under Section 6.05 has been unclear in the past., making
it difficult .for City Administration to be absolutely sure we are
• operating under the intent of the City Charter. With the
modifications proposed here, the City Charter provisions would
conform to the State Uniform Bidding Law, and in fact, be more
specific, in that purchases and services would also be covered by
the Charter.
On May 28, 1987, the Charter Commission considered the proposed
ordinance amendment and have forwarded a Transmittal Order to the
City Council for consideration.
At the June 22, 1987 city council meeting, the city council gave
first reading to the proposed ordinance and scheduled second
reading and the public hearing for the July 13, 1987 council
meeting.
Recommended Motion:
Approve an amendment to the city charter amending Section 6.05
and deleting Section 6.06.
Basis for Recommendation:
1. The current Provision 6.05 and 6.06 of the City Charter
concerning purchases and contracts do not totally conform
with the Minnesota Uniform Municipal Contracting Law.
2. The City Charter Section 6.05 and 6.0b are unclear with
respect to treatment of certain kinds of purchases and
contracts, such as rental, personal services, and sale of
City assets.
3. It would be advantageous to both the Administration and City
~
Council for there to be a clear understanding by City staff
as to the staff's authority in making purchases under the
City Charter.
4. The Charter Commission has recommended that the City Council
approve this Charter Amendment.
Alternative Recommendation:
1. The City Council could decide not to amend the Charter.
2. The City Council could propose alternative provisions for
City Charter Section 6.05 and 6.06.
Discussion/Decision Mode:
This matter has been scheduled for consideration on June 22,
1987. Action is requested to allow time for publication and
second reading consideration at the July 6, 1987 City Council
meeting.
Respect lly submitted,
James Prosser
City anager
JDP:sb
•
CHARTER AMENDMENT
ORDINANCE NO.
AN ORDINANCE AMENDING THE CITY CHARTER
OF THE CITY OF RICHFIELD
CITY OF RICHFIELD DOES ORDAIN:
The City Charter of the City of Richfield is hereby amended
in the following respect:
Section 5.05 thereof, entitled "Purchases and Contracts," is
hereby amended to read:
Section 6.05. Purchases and Contracts. The City Manager may
make or let-contracts for the purchase or sale of supplies,
materials, equipment, or the rental thereof, or any kind of
construction or repair work involving real or personal property,
or for the purchase of personal services, when the amount of such
contract does not exceed $10,000. If such contract exceeds the
last stated amount but is ~1~~,~ not more than $15,000, same may be
made or let by the City Manager after first obtaining approval of
the City Council. z31~. ~tLar purc~:~~~s ~LG11 ~s G :d ~11
atY:~r ~t~ ~~~11 ba l~~ ~1 ~Lv Os~r.~~.' If such contract is
• for the purchase of personal services and exceeds $15,000, same
shall be made or let by the City Manager after first obtaining
approval of the City Council. Every contract for the sale or~
purchase of merchandise, materials or equipment, or the
alteration thereof, or for the construction., alteration, repair
or maintenance of real or personal property, where the amount
involved is more than $15,000 shall be let only by the City
Council upon the recommendation of the City Manager to the lowest
responsible bidder, unless the Council shall otherwise provide by
resolution adopted by a majority of the Council and published
once in the official legal newspaper of the City. The Council
may, however, reaect any and all bids. Subiect to the provisions
of the Charter, the Council may by ordinance adopt further
regulations for making of bids and letting of contracts. A11
other contracts shall be let by the Council.
Section 6.06 entitled Contracts: How Let is repealed.
John Hamilton Mayor
ATTEST:
Thomas Ferber City Clerk
- ,
• CITY OF RICHFIELD, MINNESOTA
Council Letter No. 216
Agenda July. 13, 1987
Issue Statement:
Public hearing and second reading consideration of an ordinance
amendment to control defacement of public or private property.
Background:
Recently the police division has had occasion to investigate
complaints regarding the placement of graffiti on private
buildings. The present city ordinance does not provide for the
.prompt cleanup of what clearly should be a public concern. The
police division has proposed that the ordinances regulating the
posting of notices be revised in order for the city to work with
businesses and residents to keep the city free of unwanted
graffiti.
The suggested changes to Section 4.01, Subd. 16 would add written
symbols or markings as prohibited items in this section. Also,
it would extend coverage of this subdivision to private property
if the owner does not consent to such ostin s or writin s.
P g g
Amendment of Section 4.01, Subdivision 18 , would provide that
the owner or person in control of any private property be
required to maintain the property from any condition which
constitutes a public nuisance. Section 10.01, Subd. 4 would add
number 18 to this ordinance in order to make the improper posting
of notices written s mbols or markin s a ublic nuisance.
Y g P
The presence of graffiti in any form gives an impression of
neighborhood indifference and decay. It is in the best interest
of the city to require citizens and business establishments to
care for their properties so that this impression is avoided.
At the June 22, 1987 city council meeting, the city council gave
first reading approval to the proposed ordinance amendments and
scheduled second reading and the public hearing for the July 13,
1987 city council meeting.
Recommended Motion:
Approve amendments to Chapter IV, Section. 4.01 and Chapter X,
Section 10.01 to allow for a timely resolution of problems that
might be caused by the indiscriminate defacement of public or
private property with graffiti.
Basis of Recommendation:
1. The ordinance amendments would provide a tool to allow the
city to effectively combat the unsightly defacement of
property within the city by making the posting of written
symbols or markings upon private or public structures a
public nuisance.
•
i
• Alternative Recommendations:
1. Leave the ordinance unchanged and request the responsible
persons that any graffiti be removed as soon as possible.
2. Handle problems created by graffiti on a case by case basis.
Discussion/Decision Mode:
-The public hearing and second reading of these ordinance
amendments have been scheduled for the July 13, 1987 city council
agenda.
Respect lly submitted,
James Prosser
City anager
JDP/eja
•
•
~j~ Z
ORDINANCE NO.
. AN ORDINANCE AI~,r~~~~ING
SECTION 10.01 OF CHAPTER X
OF Yom,'. CODE OF CITY ORDINANCES
The City of Richfield Does Ordain:
Section 10.01 of the Code of City Ordinance is hereby amended by
adding Subdivision 4 (18);
Subd. 4 - (18) The posting or affixing of anv notice,
poster, written svmbols or markings or
other paper or device, calculated to
attract the attention of the public, to
any lamppost, public utilitX pole or
shade tree, or upon any public or priv-
ate structure or building, without the
prior written consent of the owner. It
is presumed. that svmbols or markings
not related to the business activity,
appearing on the property, were placed
there without the owners consent. Upon
any trial of a charge arising out of a
violation of this section the owner may
present proof rebutting such presume-
tion;
Passed by the City Council of the City of Richfield, Minnesota
this day of , 1987.
•
John Hamilton, Mayor
ATTEST•
Thomas Ferber, City Clerk
•
-~/,2 r3
ORDINANCE NO.
AN ORDINANCE AMENDING
' SECTION 401 OF CHAPTER IV
OF int. CODE OF CITY ORDINANCES.
The City of Richfield Does Ordain:
Section 401 of the Code of City Ordinance is hereby amended by
changing Subdivision 16 and 18;
Subd. 16. Posting Notices Prohibited: No person shall
post or affix any notice, poster, written
symbols or markings or other paper or device,
calculated to attract the attention. of the
public, to any .lamppost, public utility pole
or shade tree, or upon any public or private
structure or building, without the prior
written consent of the owner, except as may be
authorized or required by law.
Subd. 18. Owner to Maintain Premises Free of Litter
or Notices.
•rne owner or person in control of any private-
property, whether occupied or vacant, shall
maintain the premises free of litter or any
condition which constitutes a public nuisance
as described in Sec.10.01, Subd. 4 (18) of this
• code. This section does not prohibit the
storage of litter in authorized private
receptacles for collection.
Passed by the City Council of the City of Richfield, Minnesota
this day of , 1987.
John Hamilton, Mayor
ATTEST:
Thomas Ferber, City Clerk
~,~1
Subd. 14. Distributing Commercial and Non-Commercial Harxibills at Inhabited
Private Premises.- No person shall throw, deposit or distribute any commercial
or non-commercial handbill in or upon private premises which are inhabited,
except by handling or transmitting any such handbill directly to the owner,
occupant, or other person then present in or upon such private premises. Pro-
. vided, however, that in case of inhabited private premises which are not posted,
as provided in this section, such person, unless requested by anyone upo~1 such
premises not to do so, may place, or deposit any such handbill in or upon such
inhabited private premises, if such handbill.is so placed or .deposited as to
secure or prevent such handbill from being blown about such premises or side-
walks, streets or other public places, and except that mailboxes may not be so
usea when so prohibited by federal postal law or regulations. The provisions
of this 'section do not apply to the distribution of mail by the United States,
nor to newspapers as defined in this section. Newspapers shall be placed on
private property in such a manner as to prevent their being carried or deposited
by the elements upon any street, sidewalk or other public place or upon private
proerty.
' Subd. 15. Dropping Litter From Aircraft.. No person in an aircraft shall throw
out, drop or deposit within the city any litter,: handbill, or any other object.
Subd. 16. Posting Notices Prohibited. No person shall post or affix any notice,
poster or other paper or device, calculated to attract the attention of the
public, to any lamp Host, public uti~y pole or shade tree.. or upon any public
structure or building, except as may be authorized or required by law.
Subd. 17. Litter on Occupied Private Property. No person shall throw or
deposit litter on any occupied private property within the city, whether owned
by such person or not. The owner or person in control of private property may
maintain thereon private receptacles for collection in such a manner that
litter will be prevented from being carried or deposited by the elements upon
any street, sidewalk or other public place or upon any private property.
~d. 18. Owner to Maintain Premises Free of Litter. The owner or person in
control of any private property, whether occupied or vacant, shall maintain
the premises free of litter. This section does not prohibit the storage of ~I
litter in authorized private receptacles for collection.
Subd. 19. Litter of Vacant Lots. No person shall throw or deposit.. litter on
any open or vacant private property within the city whether owned by such ~'i
person or not.
I
Subd. 20. Liability of Merchant. Any merchant who advertises his goods,
wares or merchandise by causing advertising material to be thrown or deposited
in violation of the provisions of this section shall be guilty of violating i
this section along with the person so throwing or depositing the material.
Subd. 21. Prohibited Acts Constitute Nuisances. Each of the acts prohibited
in this section are hereby declared to be nuisances, and the proper city
office5s and employees are authorized to proceed to abate such nuisances in
accordance with the procedures provided in Section 10.08 of Chapter X of this
code. .
4/8!68
ORDINANCE CODE 107 CITY OF RICHFIELD, MINNESOTA
CITY OF RICHFIELD, MI~~~~~SOTA
Council Letter No. 215
Agenda July 13, 1987
• Issue Statement:
Public hearing to consider an ordinance amendment relating to
council salaries. Second Reading.
Background:
Chapter XII, Section 12.02 of the city ordinance establishes the
salaries of the City Council and provides that these salaries be
reviewed by December of each year. It has been the practice in
past years to place this item on a city council agenda prior to
the time that work begins on the proposed budgets for the next
fiscal year, which will occur during the months of June and July,
1987.
Council salaries were last adjusted for fiscal year 1986, when
the salary of the Mayor was increased from $6,000 to $.6,700 per
year; and Council Member salaries-were increased from $4,500 to
$5,200 per year.
The City Charter stipulates that "No change in salary shall take
effect until after the next succeeding election." This means any
change in salaries would not take effect until after the
November, 1987 election.
At the June 8, 1987 city council meeting, the city council gave
• first reading approval to an ordinance amendment which would
increase council salaries to $5,435 beginning January 1, 1988.
The salary of the Mayor would remain unchanged. The council also
scheduled the public hearing and second reading for the July 13,
1987 city council meeting.
At the June 8, 1987 council meeting, council members also
requested that a policy to review council salaries be developed.
Attached to this council letter is a policy statement which would
provide that each calendar when a municipal election will be
held, the council shall establish a revised pay schedule for
council members and the mayor. This amount shall be based upon
the amount of increase granted to employees generally in the
year(s) subsequent to the previous council salary adjustment.
The council would then make a determination regarding the
salaries. Final determination would be subject to council
approval as required by the City Charter which stipulates that
council salaries may be adjusted only by ordinance.
Motion:
1. Approve or not approve an amendment to Chapter XII Section
12.02 of the Richfield Ordinance Code increasing the salaries
of council members from $5,200 to $5,435 per year, effective
January 1, 1988.
2. Approve the policy statement relating to pay schedules for
the Mayor and Council Members.
• Basis for Recommendation:
1. The City Charter stipulates that council member salaries must
be reviewed by December of each.
2. The City Charter stipulates that council .member salaries may
be adjusted only by ordinance.
3. The Council has requested development of a policy statement
• regarding consideration of council salaries.
Alternative Recommendation:
1. Not approve the ordinance amendment increasing council
salaries.
2. Not approve the policy statement.
DiscussionlDecision Mode:
This item has been. placed on the July 13, 1987 city council
agenda for the public hearing and second reading consideration.
Respectfully submitted,
Ja D. Prosser
Ci Manager
JDP/eja
•
•
COUNCIL POLICY STATEMENT NO. ~ -
Issue
Establishment of council salaries. The purpose of this policy is
to provide a basis for updating council salaries regularly.
According to state law and city charter, councils may adjust
their salaries to be effective the year following a municipal
election. This policy will provide a basis for setting the
revised salary base.
Policy Statement
In each calendar year when a municipal election will be held, the.
• council shall establish a revised pay schedule for council
members and mayor. This amount shall be based upon the amount of
increase granted to the employees generally in the year(s)
subsequent to the previous salary adjustment. Staff shall
provide information to council indicating what these amounts have
been not later than May 1. Council shall then make a
determination regarding salaries. Final determination shall be
subject to the council approval as required by Section 2.07 of
the City Charter which stipulates that council salaries may be
adjusted only by ordinance.
- _ ,
~ ~
AMENDMENT TO CHAPTER XII SECTION 12.02
OF THE RICHFIELD ORDINANCE CODE RELATING
TO COMPENSATION OF MAYOR AND COUNCIL MEMBERS
CITY OF RICHFIELD DOES ORDAIN:
Section 12.02 of the Ordinance Code of the City of
Richfield relating to compensation of the Mayor and Council
Members is hereby amended to provide as follows:
Subdivision 1. Annual Salary. The annual salary of the
Mayor is $6,700 $ and the annual salary fore each member of.
` the Council is $5,200 $5,4.35 to be effective after t he next
succeeding municipal election. Salaries of such officers shall
be reviewed by December of each. year.
Passed by the City Council of the City of Richfieelld,
Minnesota, this 13 day of July , 1987.
John Hamilton Mayor
ATTEST:
Thomas Ferber City Clerk
~j~
CITY OF RICHFIELD, MI~W~~.~SOTA
Council Letter No. 214
July 13, 1987
• Issue Statement:
Adoption of a housing maintenance ordinance requiring annual
licensing of apartment buildings and rented homes, and requiring
certificates of housing code compliance for homes when they are
sold..
Background:
The objectives of the proposed ordinance are to maintain a safe
housing environment for residents and keep Richfield's housing
stock from deteriorating. The Public Safety Department has
studied the present ordinances and enforcement methods, and
determined that:
1. The current housing code requirements do not need to be
changed.
2. With the current enforcement procedures, the city is not
aware of property maintenance problems until a tenant or
neighbor makes a complaint. The recently hired animal
control/code enforcement officer is initiating complaints
on outside problems which can be seen from the street,
but the city does not become aware o.f violations in rear
yards and inside a structure until a complaint is received.
3. The department has found that housing code and property
• maintenance violations can exist for a long period, and
become very serious, before citizens initiate a complaint.
The department has .developed the proposed ordinances in order to
change the enforcement method to a proactive approach instead of
the current reactive method. It will also enable inspectors to
routinely check all areas of the property, both inside and
outside, for violations..
The department has emphasized that no new or more stringent
requirements are in the proposed ordinance. The currently used
housing and property maintenance requirements would not be
changed.
A key feature of the proposed ordinance is that the license fees
are designed to fund sufficient personnel to regularly inspect
apartment units and rented homes. Experience from communities
with similar ordinances shows that the regular inspections will
allow the inspectors to find violations before they become
serious. When such violations are discovered before they become
serious, the problems are less expensive to resolve.
Also, better relations between neighbors and tenant/landlord
relations can be maintained when they can depend upon the city
staff to point out and resolve housing safety and property
• maintenance violations.
The Public Safety Department has noted that current staffing
levels in the Fire and Inspection Divisions are not sufficient to
handle the increased inspection activity which would be generated
by the new ordinance.
~j~-~
The number and type of personnel recommended to operate the
• program were selected to provide an extremely cost-effective
housing code enforcement operation, while also increasing the
efficiency of current programs in both divisions.
Several Richfield apartment building owners are members of the
Minnesota Multi-housing Owners Association. Representatives of
the association met with Fire Division Commander Coughlin on July
1, 1987 to express the following concerns regarding the
ordinance. A summary of the discussion is attached.
The city council held first reading of this ordinance on June 22,
1987 and scheduled the public hearing and second reading for the
July 13, 1987 council meeting.
Recommended Motion:
1. Adopt the housing maintenance ordinance requiring annual
licensing of apartment buildings and rented homes, and
requiring certificates of housing code compliance for homes
when they are sold.
2. The effective date of the ordinance shall be October 1, 1987.
3. Adopt a resolution establishing housing maintenance fees.
Basis of Recommendation:
1. The new ordinance will improve our enforcement process, which
in our present method of operation does not begin until a
property maintenance problem has become quite serious. This
will ensure that our residents have a safer environment, that
Richfield's housing stock will not deteriorate, and will help
maintain better relations between tenants, landlords and
their neighbors.
2. Other communities (see exhibit) who have adopted similiar
ordinances indicated a positive result.
Alternative Recommendation:
1. The council could reject the proposed ordinance and accept the
present enforcement program. This would let the present
conditions continue, which originally created concern from
council members about housing and property maintenance
conditions.
2. The council could direct staff to increase inspection activity
without a license fee. This would require an increase in the
operating budget for the additional personnel. Also, the
present ordinances do not allow inspectors to routinely enter
apartment units and rented homes, and thus we still could not
resolve violations in those units until a tenant or neighbor
files a complaint.
• 3. The Council could limit the scope of the ordinance by omitting
rental homes or apartment buildings or sold homes from the
ordinance, and direct staff to adjust the license fees and
personnel requirements accordingly. The Public Safety
Department analysis of the problem has indicated that all
three categories need to be included in the ordinance if the
.housing ordinances are to be effectively enforced.
,
~j0~~
4. The frequency of inspections for .rental property could be
changed from approximately one year to once every two years:
Given our current schedule we will actually inspect about once
every 14-18 months. Doubling the inspection frequency to 28-
36 months would significantly reduce the. effectiveness of the
Ordinance. Additionally, given the. fixed cost of the 'program,
fees would not be reduced. proportionally.
Decision/Discussion Mode:
The revised housing maintenance ordinance has been submitted for
second reading at the July 13, 1987 council meeting.
Respectfully submitted,
Jame D. Prosser
City anager
JDP/eja
•
-~f
jD -3
Minnesota Multi-housing Owners Association Summary
1. The .first concern regarded the effective date of the
. ordinance and the 6.0 day compliance time. The association
.representatives expressed concern that compliance orders
might create a financial hardship for owners. Chief Coughlin
pointed. out that the ordinance allows the building official
to extend the compliance time for justifiable reasons.
Examples were given of the Fire and Inspection Divisions'
practice of considering economic factors and granting
extensions where justified. Such problems which might be
created with the new ordinance will be handled in the same
manner.
2. The association representatives were also concerned about the
period between application and licensing, questioning whether
a building owner would be prevented from renting out units
until the license was issued. Chief Coughlin reviewed the
language with them, showing that units could be rented while
waiting for the license inspection and approval. The .only
instance where a unit could be prohibited from being rented
is one where the city has inspected and found that the
.conditions present an imminent hazard to occupants.
3. .Another concern regarded the relationship of the fee revenues
to the cost of operating the program. Chief Coughlin
described the basis of the cost estimates, and showed that
the proposed fees are designed to pay only for the cost of
• the program.. No funds would be left to subsidize any other
tasks.
The cost estimates were made after analyzing data from cities
with similar programs. The data indicated that the proposed
number of personnel will be necessary to operate the program,
and pay for the personnel. Two cities have elected to
subsidize their housing maintenance program costs with
general revenues and have lower fees for their licenses.
4. The association representatives asked about the frequency of
inspections, expressing concern about the workload placed on
building managers if they are required to arrange for
inspections too frequently. Chief Coughlin noted that
inspections would be by appointment in order to allow
building managers to schedule sufficient time for them. The
inspection frequency will likely be from 14-18 months, but
definitely no more frequently than once a year unless a
serious hazard is identified.. The Public Safety Department
has determined that less frequent inspections would allow
violations to become serious before being found. This would
com romise the ob'ective of the ro ram which is to catch
P J
P g
problems while they are small and inexpensive to correct.
•
~i~-~
• DRAFT `COPY 6-4-87
BILL NO. 1987 -
AMENDMENT TO CHAPTER III, PART III OF
THE ORDINANCE CODE OF THE CITY OF RICHFIELD
CITY OF"RICHFIELD-"DOES ORDAINi
Chapter III, Part III of the Ordinance Code of the City of
Richfield entitled "Housing - Health and Sanitation Regulation"
is hereby amended in the following respect:
I. Section 3.22 of the City Code entitled "Board of Health" is
renumbered as Section 3.24.
The City Code is amended by adding a new section, Section 3.22,
to read:
3.22. INSPECTION AND LICENSING OF APARTMENT HOUSES AND
RENTAL HOMES.
Subd. 1. DEFINITIONS. For the purposes of this Section the terms
defined herein have the following meanings.
(1) "Apartment house" means a building containing
• three or more dwelling units.
(2) "Apartment", "apartment unit" or "dwelling unit" means
a room or group of rooms located within a building and
forming a single habitable unit with facilities which
are used or intended to be used for living, sleeping,
cooking and eating.
(3) "Rental Home" means a one or two-family dwelling which
is occupied by persons other than the owner.
(4) "Family" means one or more persons occupying a
dwelling unit and living as a single, nonprofit
housekeeping unit, as distinguished from a group
occupying a hotel, club, fraternity or sorority house.
The term "family" does not include a group of
individuals;--exceeding three in number, not related
by blood, marriage or adoption. The term "family"
includes necessary employees.
(5) "Housing Code" means Section 3.21 of this Code together
with the Uniform Housing Code as adopted by Section 3.02
of this Code.
(6) All-other definitions contained in Section 3.21,
Subdivision 1, are incorporated in this Section by
• reference and made a part hereof.
1
/D'a`"
. Subd. 2. LICENSE REQUIRED. It is unlawful for an erson
Y P
who is an owner of an apartment house or an owner of a rental
home to operate such apartment house or rental home without first
having obtained a license under the provisions of this section.
Subd. 3. LICENSING PROCEDURE.
(1) Within 90 days after the
owner of an apartment house or owner of a rental home shall apply
to the building official for the license required by Subdivision
2 of this section. Application .shall be made on forms provided
by the city and accompanied by the initial fee required by
subdivision 7 of this section. The owner of an apartment house
or rental home constructed after the date specified herein shall
submit a license application prior to actual occupancy of any
apartment unit or rental home.
(2) Application: Contents and Inspection. The application
shall contain such information as the building official may
require to assess compliance with the housing code and this
section. After receiving an application and prior to granting a
license the building official is authorized to require such
inspections as are necessary to assure compliance with the
housing code and this section.
• 3) Issuance of Licenses. If the building official finds
that an apartment house or rental home complies with
requirements of the housing code and this section, the building
official shall issue the license. If an apartment house or
rental home is not in compliance with the housing code and this
section the building official shall deny the license, specifying
in writing the defects, and shall notify the applicant. The
applicant shall have a 60 day period from receipt of such notice
to correct the defects specified, but only if the defects do not
create an imminent hazard. The building official may, in his
discretion, authorize additional time for compliance. If the
license is denied, no occupancy of dwelling units then vacant, or
which become vacant, is permitted until a license has been
issued. Apartment units within an unlicensed apartment house for
which a license application has been made and which units are in
compliance .with the housing code may be occupied provided that
non-complying units within the apartment house do not create an
imminent hazard to the health and safety of persons in occupied
units. Such occupancy may continue until final action on the
granting or denial of the license is taken by the building
official. In any instance where the building official has denied
an application for a license the applicant may appeal his
decision to the director of public safety.
2
#/D
Subd. 4. LICENSE: RENEWAL: TRANSFER. The term of a
license granted under this section is one year, expiring on
June 30. The license must be renewed annually thereafter. The
license is transferable upon application to the building
. official, and payment of the license transfer fee by the
prospective owner, provided that the apartment house or rental
home is in compliance with the housing code. The license shall
terminate if renewal or application for transfer is not made
within 30 days after transfer of ownership of the apartment
house.
Subd. 5. LICENSES: SUSPENSION: REVOCATION. A license
issued or renewed underithis section may be suspended upon a
finding of noncompliance with this section by the building
official, and written notice to the licensee. Upon failure of
the licensee to comply with the notice of violation, the license
may be revoked or suspended in the manner provided by section
5.14 of this code. Reinstatement of a suspended license shall be
accompanied by an amount equal 50$ of the license fee. Issuance
of a new license after suspension or revocation shall be made in
the manner provided for obtaining an initial license.
Subd. 6. LICENSES: DISPLAY. Licenses issued under this
section shall be displayed on the premises of the apartment house
or rental home, wherever feasible and produced upon demand of a
prospective tenant, the building official or his authorized
representative. Except as otherwise provided in this section all
provisions of Sections 5.08 to 5.15 of this code are applicable
to licenses issued under this section.
Subd. 7. FEES. The fees for licenses required by this
section are in the amounts established in Appendix D of this
code. A license fee, or license transfer fee which is not paid
on the date due shall be increased by a 10~ penalty for each
month or portion thereof during which said fee remains unpaid.
Subd. 8. COMPLIANCE WITH MINNESOTA STATUTES. Nothing in
this section is intended to modify or abrogate the rights of
tenants of apartment units or owners of apartment houses granted
by Minnesota Statutes, sections 566.18 to 566.33. The city
manager may designate, subject to city council approval,
administrators to carry out the duties assigned by the court
pursuant to said statutes.
Subd. 9. REMEDIES. Violation of the provisions of this
section is a misdemeanor. In addition the city may designate,
subject to city council approval, administrators to carry out the
duties assigned by the court pursuant to said statutes.
Subd. 10. This ordinance is effective on .
The initial license fees required by Subd. 3 and 7 shall be
. prorated for the period. to June 30, 198_."
3
-~~o
r
III. The city code is .amended by adding new Section 3.23 to read:
3.23. CERTIFICATE OF HOUSING MAINTENANCE COMPLIANCE FOR SINGLE
AND TWO-FAMILY HOMES.
Subdivision 1. CERTIFICATE REQUIRED.
(1) After 198 whenever the ownership of any
single or two-family structure located within the city changes,
the .persons relinquishing ownership, or any agent designated by
the persons relinquishing ownership, shall make application for
the certificate of housing maintenance compliance.
(2) This section shall not apply to any multiple-dwelling
structure licensed under section 3.22 of this code, and shall
have no effect upon the provisions of law or other ordinances
related to the issuance of building permits.
Subd. 2. APPLICATION AND INSPECTION.
(1) Application for the certificate of housing maintenance
compliance shall be executed upon forms provided by the city and
accompanied by the initial fee established in Appendix D of this
• code.
(2) Upon receipt of a properly executed application the
building official shall cause an inspection to be made of the
premises to ensure that the structure is in compliance with the
housing code and this section.
Subd. 3. ISSUANCE OF CERTIFICATE. If the structure is in
compliance with the requirements of the housing code and this
section, a certificate shall be issued to the person
relinquishing ownership or the agent thereof, stating that the
structure has been inspected and is in compliance with the
housing maintenance code. During the period of one year
following its issuance, a certificate may be accepted by the city
in satisfaction of the requirements of this section without the
need for a second inspection.
Subd. 4. OCCUPANCY PROHIBITED. The person relinquishing
ownership or their designated agent shall obtain the certificate
from the city prior to transfer of ownership. The prospective
owner shall not occupy the structure prior to issuance of the
certificate, except pursuant to subdivision 5.
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Subd. 5 OCCUPANCY. A person may be granted permission to
occupy a dwelling. prior to issuance of the certificate upon .the
approval of the building official. The approval shall be based
upon undue hardship or other extraordinary or exceptional
circumstances, provided that no circumstances shall constitute an
immediate hazard. Approval shall not be given until the
prospective owner or designated agent has filed on forms supplied
by the city, a statement of intent to comply with the correction
orders issued by the building official. Compliance dates in the
statement of intent to comply shall be established by the
building official. Failure to make the required corrections by
the compliance dates shall constitute a violation of this code
and shall render void any approval given pursuant to this
subdivision.
Subd. 6. If following the issuance of a certificate, the
city finds by complaint or otherwise that the structure may be
maintained in a substandard or deferred manner, a new inspection
will be required in order to satisfy the requirements of this
section.
•
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t.
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RESOLUTION NO. 7092
Section 2.
(37) Housing Maintenance 3.22
License Fee
(a) Apartment buildings Four units 550.00
or less
(b) Each additional 7.50 'I
apartment unit
(c) Rental Home 550.00
(3$) Certificate of Housing 3.23 550.00
Maintenance Compliance
6
• CITY OF RLCHFIELD
MEMORANDUM
DATE: Rprl 17,.1987
TO: James Prosser, City Manager.
FROM: Patrick Coughlin,.
Fire Division Commander
LL ,
.SUBJECT: COSTS FOR IMPLEMENTLNG RENTAL LICENSING AND POINT OF l
SALE.ORDINANCE
Per your request, I have broken down the costs of maintaining an
inspection program to enforce the above ordinance, which was
reviewed at the April 9th Council study session.
The. program. is designed to be self-supporting. No funds from.-the
inspection fees will be used to support any other activities.
Once the program is underway we will monitor the costs and
revenues, and will adjust the fees up or down to reflect our
actual costs.
The program's total cost is based upon four factors, the number,.
of inspections required, the time needed for the inspections, the
number of personnel needed to .perform the inspections, and the
-level of expertise of the personnel. Each of these factors is
discussed below in detail to show how they relate to the cost.
Number of Inspections
Our estimates of the number of inspections required are based on
data supplied by the Community Development Department. They list,
4,575 apartment units, 374 duplexes, and 500 non-homesteaded
single family homes in the city. .Home sales in the city have
averaged about 500 per year, with a range from 200 to 700.
Our inspection experience with current building and fire
inspections indicates that-each apartment building and-house will
require 1.5 inspections. That is, for every two inspections we
perform, one will require that we do a follow-up inspection. For
" the apartment unit inspections, we will need. l:2 inspections. 'The
annual total number of inspections required to enforce the
ordinance will be approximately 7,549 inspections.
• ~
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Inspection Time
Our estimates of the time required to perform the inspections are
based .upon our experience with building and fire inspections.
Follow-up inspections take about one third to one fourth the time
of initial inspections.. We verified our estimates with the City
of St. Zouis Park fire department, which has a licensing program
similar to our proposal. Our estimates matched their experienc®.
The total hours required for the inspections will be
approximately 2,315 hours..
Number of Personnel
The number of personnel required to operate the inspection
program are based upon the. assumptions that the inspectors, would
be devoting.20-30 hours per week to inspections, with the balance
used for report writing, filing, training, lunch breaks, etc. Two
inspectors will be capable of performing the required inspections
in 40-60 weeks, depending upon where, in the weekly range our
actual ex erience fall
s.
P
r
In addition, a clerical position will be needed to handle
correspondence, perform the telephone scheduling for the
inspectors, receive and process the .license applications, and
maintain the record system. We are proposing that we start with a
halftime clerical position for the program start-up, and not go
to a full time position unless it is warranted after the program
is fully operational.
Lever of Extaertise
` The point of sale inspections will require an inspector trained
and. experienced in all facets of building and housing codes,
including building, electrical, plumbing and heating. This person
must be familiar with the full .range of electrical, plumbing and
heating devices which ex st, and must be capable of performing a
thorough inspection of each system. We will require that the
succesful applicant hold a state certificate in building
inspection. Also, the person selected will be one with several
years of experience in residential inspection, since good
judgement is 'required to determine when an older component of any
of these systems is likely to be a safety threat.
The apartment inspection can be performed by a person trained in
basic building inspection requirements. This person would not
' need the level of expertise of the above, as the housing
inspector would be available-for consultation on technical
problems.
2
• We are proposing that a firefighter working a 40 hour week be
assigned to inspect apa~l....ent units. Using a firefighter will
give us one more person available for any structure fires during
the day.. The. firefighter/inspector would be called to a fire on
th r
e av
e age of once a week, which would not affect the inspection
duties that much.. It will, however, provide us with an extra
person at a time when it is difficult to get off-duty personnel.
The clerical position will not require skills beyond .normal
secretarial duties. The specific building and housing code
background needed for the position can be taught ors the fob.
Program Costs
Nearly ail of the program's cost is personnel cost. The annual
salaries for the positions were derived from .existing personnel
costs. The amounts .reflect the entire cost-of each-position,
i.e., salary plus all fringe benefits such as vacaton,'holidays,
health and life insurance, pension costs, etc. Also, the amounts
are based. upon the salary ranges for experienced personnel.`
Housing Inspector $30,00.0.00.
Firefighter 40,000.00
Clerical 20,000.00
Administration, ~
• Office Supplies,
. Forms,. etc. .20,000.00
TOTAL $110,000.00
Revenues
The revenues are based upon the proposed fee schedule on page -
four. The schedule considers the time needed per inspection.
Inspections for point of sale, apartment building and rented
houses will take the most time (about 45 minutes). Therefore,
these occupancies have a higher fee than apartment units, which
will take less time. s
Four attachments are included after page four, which show fees
charged by other cities in the metro area for similar programs..
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• ..r
Inspection Fee Schedule for Rental Licensing
and... Point of Sale. Ordinance
' ape Number Fee Revenue
Apartment Buildings 200 550.00 $ 4,000.00*
(the building itself, '
laundry, storage,
furnace rooms, cor-
ridora, stairs)
Apartment Units 4575 7.50 34,312.00:
Duplexes 374 50.00 18,7Q~.00
1-Family ' 50.0 50.00. 25,:000.00
1-Family 500 50.00 25,040.00:
(Point of sale)
TOTAL 5107,.012.00
• *The first four apartment units: would be included in this
fee, so that amount is deducted here and included in :the
next figure.
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Brooklyn Center
• Single family - 525.00 (2 years.)
Duple'ic - 525.00 1 unit
$35.00 2 units
Multi-family- - 520.00.. per building and..55:..00 fos each add. unit
Bloomington
Apartment. and Townhouses 550.00 for first 2 units and
S 6..00 for each additional unit
Duplex: If owner lives in one side there is no fee,
If both. sides renters charge is $36.00
New Brighton
Multi Family $5.00 ,per unit per year with a minimum of 515.00
St. Louis Park
License fees for 1 or 2 buildings 530.00
multi-family 3 to 9 buildings 560.00 r
10 or more 5120.00
Inspection fees for 3-5 units $ 6.00
multi-family 6-10 5.50
11-20 5.00
21-40 4.50
41-100 4.00
101-200 3.50
200 & up 3.00
•
^ • CITY OF RICHFIELD, MINNESOTA.
Council Letter No. 213
Agenda July 13, 1987
~ /
Issue Statement:
Second reading and public hearing on the consideration of an
ordinance vacating a portion of an alley between 16th Avenue and
Bloomington Avenue.
Background: ~
Hines and Sons, Inc. and Mt. Calvary Church have petitioned the '
city to vacate the easterly half of a 12 foot alley between
Bloomington Avenue and 16th Avenue. The applicant wishes to i
construct a three story 15 unit apartment building for the
elderly. The vacation of the requested portion of the alley
would allow the church building to be structurally connected with
the proposed apartment building, thus providing convenient
accessibility for the elderly residents to participate in church
activities. The vacation of the easterly portion of the alley
would provide each of the abutting property owners with an
additional 800 square feet of land.
The properties abutting the north side of the alley are single
family residential uses. Two single family dwellings, the church
and a commercial structure, are located south of the alley.
Two single family lots (6528 and 6532 16th Avenue) north of the
• alley along 16th Avenue are owned by the applicants. South of '
the alley the abutting single family dwelling west of the church
is owned by a group of people associated with the church. The
existing uses would remain the same except for the two properties I,
at 6528 and 6532 16th Avenue which are proposed for the apartment
building and parking lot. The single family residential uses on
the properties abutting the alley are nonconforming. i
The City Council gave first reading to the ordinance vacating a
portion of the alley in question on June 22, 1987.
A special use permit would be required for the apartment use in a
C-2 general commercial district. The applicant intends to apply
for a special use permit if the council approves the vacation of
the alley.
ZOn1riQ Ordinance Reduirement:
Section 12.04 (city ordinance), outlines the regulations for
vacation of an alley.
Staff Recommended Motion:
Deny the vacation of the easterly portion of the 12 foot alley
located between Bloomington Avenue and 16th Avenue.
Basis of Recommendation:
1. The proposed vacation would create a dead end alley.
This would make snowplowing and other maintenance
activities extremely difficult because trucks .would have
-~9-i
• to back up approximately 130 feet. This is not
acceptable to city maintenance staff, and the Community
Services Department has. objected to the vacation of only
part of this alley.
2. The existing alley provides access to the single family
dwellings and the commercial property abutting the
westerly half of the alley. The vacation of part of an
alley would create maintenance problems and hinder
smooth access to the two garages abutting the alley.
3. Utilities present within the alley are a four inch
waterline and two power lines. The water main runs 165
feet east from Bloomington Avenue. Utility easements
and maintenance agreements would have to be provided if
the vacation is approved.
4. The applicant has failed to secure signatures of the
property owners abutting the alley supporting the
request.
5. The Planning Com~yission motion to recommend approval of
the vacation of the easterly half of the alley failed
(7-2).
Alternative Recommendation:
The City Council may choose to recommend approval of the vacation
of the easterly half of the alley between Bloomington Avenue and
16th Avenue. Such an approval would have to be contingent upon
• proper access and maintenance agreements being provided. The
City would also require utility easements.
Discussion/Decision Mode:
While the staff and Planning Commission recommendation is to deny
the alley vacation, it is necessary for the council to vote on
h v tion econd readin and ublic
the ordinance granting t o aca S g p
hearing on the above request is scheduled for July 13, 1987.
Published notice was provided for the public hearing and second
reading. Written notice of the public hearing was also provided
to the property owners within 350 feet of the subject property.
Respectfully submitted,
James Prosser
City nager
JDP/sae
•
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TRANSITORY ORDINANCE N0.
• AN ORDINANCE PROVIDING FOR
THE VACATION OF A PORTION OF AN ALLEY
CITY OF RICHFIELD DOES ORDAIN:
Section 1. The following described portion of an alley is
hereby vacated:
All that portion of the alley in Block 12, Nokomis Gardens
Rearrangement of Blocks 7, 11 and 12, Girard Parkview
Addition, lying between the southerly extension of the
easterly and westerly property lines of Lot 9, Block 12,
Nokomis Gardens Rearrangement of Blocks 7, 11 and 12, Girard
Parkview Addition.
Section 2. This alley vacation shall not affect, destroy or
interfere with the right of any person, corporation, or
municipality owning or having control of any electric, gas,
telephone, cable television, sewer, water or other utility
to construct, reconstruct, operate, maintain, repair .and
remove any public utility facilities upon or within the
vacated right-of-way.
Passed by the City Council of the City of Richfield, Minnesota,
this day of , 1987.
John Hamilton, Mayor
ATTEST:
Thomas Ferber City Clerk
•
!LOCATION MAP
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•
PROPERTIES ABUTTING THE ALLEY
~ ~ SINGLE FAMILY - _ _ - _ - - _ - _
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STRUCTURE
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i
• CITY OF RICHFIELD,' MI~~LW~SOTA
Council Letter No. 212
Agenda July 13, 1987
Issue Statement:
Second reading and public hearing on the consideration of an
ordinance rezoning the northerly portion of 6528 16th Avenue from
'R' single family residence to 'C-2' general commercial.
Background:.
Hines and Sons., Inc. and Mt. Calvary Church have petitioned the
city to rezone the northerly 20 feet of the lot addressed as 6528
16th Avenue from single family residence 'R' district to C-2
general commercial.. The lot proposed to be rezoned is vacant at
the present time. The applicant wishes to construct a three
story 15 unit apartment building for the elderly, including
auxiliary parking, on the subject lot as well as the adjoining
lot and alley. In a separate action, council is also considering
a request for vacating portion of the alley between 16th Avenue
and Bloomington Avenue. The vacation of the requested portion. of
the alley would allow the. church building to be structurally ~
connected with the proposed apartment building, thus providing
convenient accessibility for the elderly residents to participate
in church activities. The vacation of the easterly portion of
the alley would provide each of the abutting property owners with
an additional 800 square feet of land.
• The properties within 250 feet north of the centerline of West
66th Street are zoned C-2 general commercial all the way from
11th Avenue to Cedar Avenue. The zoning district boundaries in
most cases do not. conform with property lines in this area. This
results in there being many properties where a portion of a lot
is zoned C-2 and the remainder of the lot is zoned 'R' single
family residence. The subject property is such a case. The
rezoning being requested would result in the total lot being
zoned C-2 general commercial.
The use of the properties abutting the site is single family
residential. Across 16th Avenue is a church school. The single
family residential use of the properties abutting the site to the
south is nonconforming because the site is zoned C-2 general
commercial.
The City Council gave first reading to the attached ordinance
rezoning the site on June 22, 1987.
A special use permit would be required for the apartment use in a
C-2 general commercial district. The applicant intends to apply
for a special use permit if the council approves the vacation of
the alley and the proposed rezoning.
•
Zoning Ordinance Requirement:
1. Section 3.42, outlines the procedural requirements for
rezoning of a property.
Staff Recommended Motion:
Approve the rezoning of the northerly 20 feet of the lot
addressed as 6528 16th Avenue South from "R" single family
residence to "C-2" general commercial.
Basis of Recommendation:
1. The proposed rezoning would allow the property owner to
have a single zoning district classification, i.e. C-2
general commercial, for the said property.
2. The proposed rezoning would not be "spot zoning.". The
area to be rezoned C-2 general commercial is contiguous
to an existing C-2 general commercial zoning district.
3. An apartment use of low/medium density would create a I~~,
buffer between single family residences to the north and
west and the more intensive uses along 66th Street. ~
4. The comprehensive development plan designates the site
to be developed as single family residential uses. C-2
general commercial zoning is therefore inconsistent.
5. The Planning Commission voted unanimously to recommend
approval of the rezoning of the northern 20 feet of the
• lot addressed as 6528 16th Avenue from "R" single family
residence to "C-2" general commercial.
Alternative Recommendation:
The City Council may deny the rezoning of the portion of the
subject property because it is not consistent with the
Comprehensive Plan. However, such an action would maintain the
existing condition where a single parcel of land has two zoning
designations. '
Discussion/Decision Mode:
The public hearing on the ordinance amendment for the rezoning is
scheduled for July 13, 1987. Notice of the hearing was published
in Richfield Sun Newspaper. Written notice was also provided to
the property owners within 350 feet of the subject property.
Respectfully submitted,
James Prosser
City pager
JDP/sae
•
' BILL N0.
• ORDINANCE N0.
AMENDMENT TO APPENDIX C
OF THE ORDINANCE CODE
OF THE CITY OF RICHFIELD
CITY OF RICHFIELD DOES ORDAIN:
Appendix C of the Ordinance Code of the City of Richfield
entitled "Boundaries of Zoning Districts" is hereby amended in
the following respect:
Section 3, Paragraph (52) is amended to read as follows:
(52) That area between the west line of 11th Avenue and the
east line of Cedar Avenue between the centerline of 66th
Street and a line 250 feet northerly from and parallel to
the centerline of 66th Street, and the north 20 feet of Lot
8,-Block 12, Nokomis Gardens Rearrangement of Blocks 7, 11
and 12, Girard Parkview except Lot 8, Block 5, Nokomis
Gardens Rearrangement of Blocks 1, 2, 3, 4 and 5, Girard
Parkview.
Passed by the City Council of the City of Richfield, Minnesota
this day of , 1987.
John N. Hamilton, Mayor
ATTEST:
Thomas P. Ferber, City Clerk
•
i
1
LaCATiUN MAP
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• 2305 CONNELLY CIRCLE
BURIN ILLE , NiN . 55337
RICHFIELD CITY COUNCIL:
REGARDING THE TWO PROPOSALS FOR THE PROPERTY AT 6528-16th AVE. S0. AND THE
VACATING OF THE ALLEY FOR THE APARTMENT BUILDING SO THAT ONE ELEVATOR CAN BE
USED BY BOTH FACILITIES, I AM DEFINITELY IN FAVOR OF BOTH AMENDMENTS. I AM
ONE OF THE OWNWERS OF THE RENTAL PROPERTY LOCATED AT 1536 E 66th ST. THIS
PROPERTY ISLOCATED TO THE WEST ~F THE CHURCH.
SINCERELY
WILLAR'D 0. EKEGREN
JULY 7, 1987
•
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Caldis & Associates, Inc. Realtors
1520 E. 66th Street • Minneapolis, Minnesota 55423.869-7575
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CITY OF RICHFIELD, MI~uL~~SOTA
Council Letter No. 211
Agenda July 13, 1987
Issue Statement:
Public hearing on the request. for a special use permit to allow a
restaurant with full liquor license at 1420 East 78th Street (old
Mr. Steak restaurant)
Background:
Mr. Richard Gottlieb, of Discus Corporation, has made a request
to the city for a special use permit to allow a restaurant with a
bar serving liquor at 1420 East 78th Street. (Old Mr. Steak
location). The 5,200 square foot building would require .minimal
change other than adding a separate bar area, refurbishing and
upgrading. The restaurant would be a sit down pizzeria serving
liquor. The site is located in a C-2 general commercial zoning
district. A restaurant serving liquor would. be allowed with a
special use permit.
The applicant has revised the site plan which indicates a new
fence along the westerly property line and also additional
lighting in the parking lot. The applicant should provide a plan
indicating the design of the fence. Detail lighting plan should
also be provided for staff review. and approval.
• Some of the residential property owners from the neighborhood
expressed opposition to this request at the Planning Commission
hearing. The residents stated their belief that a restaurant
with full service liquor next to the existing Ground Round
restaurant would cause increased traffic, and noise problems in
the area.
Zoning Ordinance Requirements:
1. Section 3.33, Subdivision 4, outlines the regulations relating
to restaurant in C-2 commercial districts.
2. Section 3.32, subdivision 4, indicates the setback
requirements in C-2 general commercial districts.
3. Chapter ll of City Ordinance outlines the liquor license
requirements.
4. Section 3.41, subdivision 5, outlines the conditions governing
the issuance of a special use permit.
Staff Recommended Motion:
Approve a special use permit for a restaurant serving liquor at
1420 East 78th Street with the following stipulations:
1. The seating capacity in the proposed restaurant not exceed
174.
2. The existing parking island in the parking lot be -landscaped
with evergreen shrubberies and four overstory trees be
planted along the northern property line.
3. The fence along the property lines be replaced and additional
fence be installed along the western property line up to the.
"bowling alley" structure.
4. The width of the curb cut be 26 feet.
5. The remodeling of the building meet all the building, fire
and .health codes.
6. The proposed location and the design of the sign must meet
the sign ordinance at the time when the occupancy permit is
issued.
7. Adequate non-obtrusive lighting be installed in the parking
lot.
8. All the stipulations must be met prior to the occupancy
permit.
9. The applicant should be advised that the issuance of a liquor
license is an issue separate from the land use consideration ~
under review. In their case it does appear that the general
operational requirements of a liquor license can be met.
However, the decision of the council to issue a license is
discretionary.
Basis of Staff Recommendation:
1. The Planning Commission voted 6-1 to recommend the City
Council approval of the special use permit for a restaurant
with a bar serving liquor at 1420 East 78th Street and
adopting the aforementioned stipulations.
2. The proposed use requires 81 parking spaces for the 174 seats
and 23 employees and the site plan indicates 83 parking
spaces which is adequate.
3. The Comprehensive Development plan indicates high density
freeway strip development use for the site. A restaurant use
is permitted in the district, although it would not be
considered a high density use. The restaurant appears to
meet the general criteria for issuance of a liquor license.
4. The City Council must, consider whether to review the license.
for their location, however the license issue is separate
from the land use consideration.
5. The abutting properties are commercial, but there is a single
family use to the north of the site across 77th Street. It
is important that the fence is repaired and the overstory
trees are planted to screen the area from residential
property.
Alternative Recommendation:
The City Council may decide to deny the special use permit on the
basis that the proposed restaurant use with full liquor license
would be detrimental to the health, safety, and welfare of the
residents living in the area. It is staff's opinion that the
impact of the proposal would not be significantly different from
the old restaurant use.
Decision Mode:
A public hearing is scheduled before the City Council at 7:00 PM
• on Monday, July 13, 1987. The hearing is scheduled in the
Council Chambers, Richfield City Hall. Notice of the hearing has
been provided to the residents within 350 feet of the site.
• Legal notice of the public hearing was also published in the
Richfield Sun Newspaper.
Respectfully submitted,
James Prosser
City Manager
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Jane 16, 1987
City of 8ichfield
Attn: Towhid Kati-Assistant Planner
6700 Portland Avenue South
Richfield, MN 55423
Re: Special Use Permit 11+20 East 78th Street
We are opposed to the granting of a Special Use Permit for a restaurant
with a full liquor license at this location. As a 33 year resident at
7645 15th Avenue (directly behind the Ground Round Restaurants xe have
had nothing but problems with the current and former tenants at that
location. Since xe already have the following problems xe don't want
more:
1. Liquor bottles and beer cans thrown the fence to
break in the street or in our property.
2. There appears to be tail gate type drinking parties
with loud music and fights in the parking lot from
early evening to long after closing.
3. Overflow parking in the residential area.
4• We have had to complain numerous times for lack of
maintenance orl their fence and boulevard.
5. We hsve called the police several times for drinking
aad disturbances in the parking lot at 3:00 and 4:00
in the morning.
6.. This type of operation is not catering to a first class
dining customer, but to theyoung and irresponsible
crowd.
We do not think the parking area would be sufficient for this business
as xe can alreaady see-that the Ground Round parking is not sufficient.
The frontage road is now already filled with overflow parking from the
Ground Round. khere will their overflow parking be? In our
residential?
We do not think it would be an asset to the community. Judging from the
clientele of the Ground Round we do not need to attract any more of the
loud rowdy crowd. Does Richfield want the reputation of attracting this
a
_ I
Page 2
type of c~..~~3? With the exLsting problems there can be nothing but
double the trouble with them r~ning from point to 3oi.nt.
S' erely,
George A. Larson
t
Helen M. Larson
V~%~~
Peggy A. Larson
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GEORGE (ARSON ~
t~ 7645 15TH AYE. S. `Z\ ~...xy
MINNEAPOLIS• MINN. ~ Z `,,,,,rti,.""'~,...R-.=..•~-`"tY
55423 ~ 3 ~tiN ,,..:..~.,.•.:c,.....,,,......1iM^:t;+~rr';nxintW
6 '0
C3.ty of R3.chfield
Attn: Towhid Kazi Assistant Planner
6700 Portland Avenue South '
f j_; t ~ i ~ ~ i~ g3,chfield, t~[N 55423
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1~1~1~~~,1~~1,:1~~1~1~~11+~~,141
June 18, 1987
Planning Commission.
City of Richf field
6700 Portland Avenue South
Richfield, MN 55423
RE: Special Use Permit at 1420 E. 78th Street
(Former location of Mr. Steak)
Dear Commissioners:
Please register our opposition~to the issuance of a Special Use
Permit with a liquor license for the above-described property.
We have lived at 7645-14th Avenue South, across from the bowling
alley, since February of .1954.
We believe two liquor licenses side-by-side would be just too
much. The Ground Round patrons at present use the Frontage Road
as an overflow parking lot. It would seem to be inevitable that
the patrons of a new establishment next door would use 77th
Street as their overflow lot. Even with No Parking signs, it
will probably be a full-time job for an officer ,to enforce.
The physical configuration of the building and parking lot would
seem to be conducive to being another "joint" rather than a fine
restaurant. The Ground Round often has as much activity in the
parking lot after hours as there was inside during regular
business hours. "Bar hopping" would be so convenient, that it
would be extremely difficult for bartenders and waitresses to
monitor the quantity of the drinks of the patrons.
Sooner or later, a widening of Interstate 494 seems inevitable.
This would result in 77th Street becoming the access to all
businesses presently served by the Frontage Road. That would be
catastrophic at closing time with side-by-side "joints". There
is also the potential of another "restaurant" at 77th Street and
12th Avenue, That is presently "on hold", but eventually
something is going in that corner, and it will probably be an
establishment that sells some spirits, at least beer and wine,
Those of us who live in the first house on the north side of 77th
Street, seem to have a special set of problems. Many of us are
. ~~.1E
C
Page Two
3une 18, 1987
City of Richfield Planning Commission.
approaching retirement, and possibly plan to move into an
apartment, condo, or townhouse. What are. the prospects for
selling our homes, with the uncertainty of whether or not they
might be razed in a few years? If we had a definite answer as to
whether that is to happen, and/or when that is to happen., that
would help.
Until then, please let us have the relative peace of only one
booze joint in that small area.
Sincerely, /
I '
oseph Martin Shirley A Martin
7645-14th Avenue South
Richfield, MN 55423
•
CITY OF RICHFIELD, MINNESOTA
Council Letter No. 210
Agenda July 13, 1987
Issued Statement:
Public hearing on the request for a special use permit to allow a
housecleaning business (home occupation) with outside employees
in a single family 'R' residence district.
Background:
Ann Schoenhofer, Kimberly Poe and Richard Hagstrom have made a
request for a special use permit to allow a house cleaning
business operation in their rented residence at 7339 Stevens
Avenue.
The business office would be located at the subject site, but
there may be no necessity for an employee to come to the office
as employees would be picked up at their homes and transported to
the worksite. The operation would involve a maximum of five
employees outside employees, although, initially, there would be
no outside employees.
The property is zoned single family residence 'R' district. A
home business with outside employees is permitted in an 'R'
district with a special use permit. Written notice of the
hearing was provided to the property owners within 350 feet of
the site. The property owner of the dwelling has been notified
by the city regarding this request. The applicants have received
a number of signatures supporting their request.
Zoning Ordinance Requirements:
1. Section 3.28, subdivision 14, indicates the performance
standards for a home occupation in 'R' district.
2. Section 3.41, outlines the conditions governing the issuance
of a special use permit.
Staff Recommended Motion:
Approve the special use permit for a housecleaning business at
7339 Stevens with the stipulation that the total number of
outside employees involved in the business not exceed five in
number.
Basis of Recommendation:
1. The operation would not require any structural change of the
dwelling or the garage. The dwelling meets all the setback
requirements.
2. The applicants do not intend to install any advertising signs
or devices; therefore, this use would not disrupt the
character of the single family neighborhood.
3. It is staff's opinion that the nature of the business is
limited and would not create any traffic, parking or noise
problems in the area.
4. The Planning Commission voted unanimously (7-0) to recommend
the City Council approval of the special use permit with the
• stipulation that the total number of outside employees
involved in the business would not exceed five.
Alternative Recoamnendation:
Alternative recommendation would be to deny the special use
permit on the basis that the business would have an adverse
impact on the residents living in the surrounding neighborhood.
However, no evidence has been provided to support this position.
Decision Mode:
A public hearing on this request is scheduled before the City
Council on Monday, July 13, 1987 at 7:00 PM. The hearing will be
held at the .Council Chambers of Richfield City Hall. The legal
notice of the council hearing was published in the Richfield Sun
newspaper.
Respectfully submitted,
Jam D. Prosser
Cit anager
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REQUEST FOR SPECK USE PERMIT OF -•7
FOR PURPOSE OF ~ P~(~'~ ~C~ r 71 .t,CQ I.213 Q~~? I1~.(C ~ v~ PsC'
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We, the undersigned, being owners of immediate adjoining land as
above described, do hereby concur with the Special Use as requested..
Signature of Owners* Address
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CITY OF RICHFIELD, MINNESOTA
Council Letter No. 209
Agenda July 13, 1987
Issue Statement:
Request for a special use permit at 140 East 78th Street.
Background:
The Burger King restaurant at 140 East 78th Street has applied
for a special use permit to allow them to change their drive thru
window facility. They wish to add a new cash window at the .rear
of the building and to relocate their menu board further east.
To do this they would remove curbing at the north side of their
building, add a new cash window at the rear of the building and
construct a new concrete island for a new menu board. The new
cash window would not project beyond the existing rear wall.
The changes are being proposed to speed up drive thru service
time to more efficiently handle drive thru customers. With the
second window, a customer would order at the menu board, drive to
the new window, pay for their food and then proceed to the
existing drive up window to pick up their food. The site is
zoned I General Industrial.
The Planning Commission reviewed this matter and unanimously
recommended approval of the special use permit with the
stipulations listed in the staff recommendation.
Zoning Ordinance Requirements
1. Section 3.33, subdivision 2 and 3.34 subdivision indicates
that restaurants are permitted by special use permit in
I General Industrial zoning districts.
2. .Section 3.33, subdivision 4 indicates the standards for
restaurants.
3. Section 3.41, subdivision 5 outlines the conditions for
issuance of special use permits.
Recommended Motion:
Approve thee special use permit to change the drive thru window
facility at 140 E. 78th Street with the following stipulations:
1. That the existing gas meter be relocated so as not to project
into the drive thru driving lane.
2. That the proposed new concrete island be narrowed to 4 feet
east of the new menu board to provide the 12 foot driving
aisle on the south side of the new island.
3. That existing curb cuts be widened to meet the current city
standard of 26 feet.
Basis of Recommendation:
1. The proposed changes will provide more efficient service at
the drive thru facility.
2. The proposed changes should not adversely affect traffic on
surrounding streets.
3. The improvements would result in better traffic flow on .the
site by providing better separation and less conflicts
between traffic using the parking lot and traffic using the
drive thru facility.
The 10 foot drivin aisle south of the new concrete island is
g
too narrow. It would be difficult for traffic to make the
turn into that driving aisle from the existing parking area.
A 12 foot driving aisle should be provided.
4. The existing curb cuts into the site do not meet the current
city minimum width requirements for curb cuts on commercial
property. The curb cuts are 22 to 25 feet wide instead of
the required 26 foot wide.
5. There is an existing gas meter on the north side of the
building. This meter is currently protected from cars by the
curbing north of the building. This curbing will be removed.
The applicant should work with Minnegasco to find another
location for the meter. The applicant has indicated that
there is no other suitable location for the meter and that
they would provide posts around the meter to protect it.
6. The site is isolated away from residentially zoned property
and therefore would have minimal affect on the surrounding
residential area.
7. The restaurant with the proposed changes would continue to
meet the conditions outlined in the ordinance for
restaurants.
Alternative RecoIImnendation:
The alternative recommendation would be to deny the special use
permit. Findings of fact would have to be made supporting this
action which indicate that the proposal would be detrimental to
the public welfare.
Decision Mode:
A public hearing is scheduled before the City Council on this
matter for July 13, 1987. Published notice of this hearing has
been provided to property owners within 350 feet of the property.
Respectfully submitted,
Jame D, Prosser
City Manager
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CITY OF RICHFIELD
Council Letter No. 208
Agenda. July 13, 1987
Issue Statement:
Award of contract for Data Processing Consulting Services.
Background:
In the 1987 budget, funds are provided for purchasing the
additional computer hardware necessary to complete the initial
installation of the City's Burroughs system. The equipment
planned for will provide computer access to several additional
positions in the City and enhance the disc storage capacity and ,
processing speed of the operation.
During the past year there have been a number of changes in
computer technology which could affect the original plan for
specific types of equipment which were to be added to the City's
system. Additionally, the costs projected for some of these
items of equipment have decreased. Thus, the approach that is
being followed for the computer equipment purchase includes an
analysis of potential computer configurations, and a Request for
Proposals which asks the prospective vendors to submit an
equipment configuration plan, as well as prices for specific
pieces of equipment. City staff would .then evaluate the various
plans and make a selection.
• The most critical portion of this bid process is the first stage,
where a thorough evaluation of the City's current hardware and
software configurations is made and the Request for Proposal
language is developed. Thus, outside expertise at this stage is
.essential to provide technical input and alleviate the burden of
preparing the document which would otherwise fall solely upon the
Data Processing Manager.
To assist the City in preparing a Request for Proposals, the City
staff .solicited "not to exceed" quotations from several firms
~,ihich specialize in this service. The firms and quotations are
as follows:
1) Cap Gemini - did not supply City with "not to
exceed" bid. Supplied estimate of $4,800.
2) Technalysis - called and stated they had no one
available. '
3) Deloitte, Haskins & Sells - they had no one
available.
4) MIS Contract Services - not to exceed $12,000.
5) McGladrey, Hendrickson & Pullen - not to exceed
$8,000.
Recommended Motion: I~
Authorize the City Manager to .enter into a contract with
• McGladrey, Hendrickson & Pullen for data processing consulting
services, not to exceed X8,000.
i
Basis of Recommendation:
1) Technical assistance is needed to help the City staff assess
its current hardware and software status and prepare an RFP based
on that analysis.
2) The proposed contractor, McGladrey, Hendrickson & Pullen, has
an individual specified to work on this project who has extensive
local government computer/bidding experience, as well as being
very familiar with Burroughs equipment. The contractor was also
the lowest "not to exceed" figure. The City should engage a very
experienced technical individual to assist us in the project and
McGladrey, Hendrickson & Pullen projects the best qualified
individual.
3) Other metropolitan municipalities including Plymouth,
Crystal, Hopkins and West St. Paul have recently used the
services of McGladrey, Hendrickson & Pullen for computer
purchases, specifically working with the individual designated to
work with Richfield. The experience of these other communities
has been very favorable.
4) With the technical assistance, the City staff will be able to
proceed with the bid process without delay and could anticipate
delivery of the new equipment by mid fall, 1987. To not use the
assistance of a consultant would delay the purchase or projects
in pro ress by approximately two months.
5) Funding for the contract will be charged to the Data
Processing budget and paid from the funds set aside for the
computer purchase.
Alternative Recommendation:
1) The City could select another contractor, Cap Gemini, who has
quoted a lower price per hour. However, the quote has no cap and
the person designated to do the work does not appear to be as
well suited b revious experience to work on this project.
Y P
2) The City Council could decide not to approve any of the
contractors.
Decision/Discussion Mode:
Staff is requesting City Council action at the July 13, 1987 City
Council meeting so that staff may proceed as quickly as possible
to secure the additional computer hardware/software needed.
Respectfully submitted,
Jam Prosser
Cit Manager
JDP/eja
CITY OF RICHFIELD, MINNESOTA
Council Letter No. 207
Agenda July 13, 1987
Issue Statement:
Approval of a service contract with Albers Associates, Inc. for
contract computer programming for Fair Labor Standards Act
Overtime reporting.
Background:
In 1986, the Federal Fair Labor Standards Act (FLSA) became
applicable to all local government employees. Previously, a
State Supreme Court ruling had exempted municipal employees from
the provisions of the Act.
Upon becoming .effective, the City was responsible for providing
overtime pay reporting in conformance with the. Act.- However,
this compliance with the Act became especially complicated when
applied to Fire and Police Division employees. The complexity
centers around the labor agreements in effect with those groups
and the more unusual schedules that they work.
The labor agreements provide a separate basis upon which overtime
is calculated, differing substantially from Fair Labor Standards.
Thus, employees could be eligible for overtime under both the
• contract or FLSA or either of the two. Additionally, the 27-day
schedule period worked by Police and Fire employees does not
conform to 14-day pay periods, which makes it extremely
complicated to reconcile hours worked under their schedules with
FLSA and standard payroll periods. To further complicate the
matter, the Firefighters' normal schedule under FLSA provides for
built in overtime pay each payroll period.
The City had been tracking overtime payments under a computer
program developed in-house in the Public Safety Division.
However, there have been some problems in administering that
program, especially in tying it into the new payroll system.
Further, the program did not include non-Public Safety personnel.
The net result is that the FLSA overtime reporting system is in
need of a complete overhaul so that FLSA overtime would be
integrated into the automated payroll system.
City staff has asked Ray Giske of Albers Associates, Inc., the
developer of the City's payroll programs, to study the current
FLSA overtime problems facing the City and to provide an estimate
of the cost to write computer programs which would provide an
automated City-wide FLSA payroll reporting .system. Mr. Giske has
responded that he could design, develop and install a series of
programs which would provide the automated system necessary, as
well as train users of the system for a cost of approximately
• $4,860,. and take four to six weeks to complete. He cautioned
that if additional complications arose or he was confronted with
system failures during the programming, it would require
additional hours of programming at $45 per hour. Mr. Giske
indicated that in any event, he could finish the project for a
figure not to exceed $7,500. However, it was his best estimation
that the project could be completed for $5,000 or slightly less.
Rec .,,,.....endation
It is recommended that the City Council authorize the City
Manager to engage the services of Mr. Giske to program a FLSA
Overtime Reporting System for an amount not to exceed $7,500.
Basis for Recommendation:
1. The City needs to immediately implement an automated FLSA
Overtime reporting procedure to ensure that employees are
paid in accordance with Federal law.
2. No staff programmer is available to perform this programming.
3. It is very important that this computer application interface
completely with the City's existing computerized payroll
program.. Since Mr. Giske wrote the payroll program, he is
the individual most familiar with what must be done to
accomplish this task in a manner compatible with our existing
system.
Alternative Recommendation:
1. The City could seek out other programmers who could design,
develop and install this software. However, the City is
under a time constraint in that this project should be
completed as soon as possible. Additionally, there is a
risk of employing someone unfamiliar with the current payroll
system. and that the interface with the payroll system would
not function properly. This is a significant risk, in that
the City's payroll application is one of the most complex
computer applications the City has.
Discussion/Decision Mode:
It is essential that the programming begin as soon as possible.
Thus, staff is requesting authorization at the July 13, 1987 City
Council meeting.
Respectfully submitted,
Ja s D. Prosser
Ci Manager
JDP:sb
•
~~~,y` 02
t
• JUly H, 190 / INFORMATION SYSTEMS DESIGN
AND CONSTRUCTION
103 NALPAK BUILDING
Mr. Steve Devich 333 SIB LEY STREET - ST. PAUL, MINNESOTA 55101
City of Richfield
6700 Portland Ave. (612) 227-8564
Richfield, MN 55423
Dear Mr. Devich:
The purpose of this letter is to provide the framework for proceeding with
modifications to the Richfield Payroll system so as to incorporate the requirements
of the Fair Labor Standards Act (ELBA). The letter describes my understanding of
the FLSA requirements, the processing approach that will be implemented, and,
finally, our estimated cost for completing the project.
In preparation for writing this letter, I have discussed the requirements and
various approaches with Vaughn Lambert, Howard Rowland, and Jean Mitchell. In
addition, I have reviewed FLSA documentation provided by Vaughn and I looked at
programs he developed for use in recording time for Public Safety personnel.
NEID FOR MODIFICATIONS
• Modifications to the payroll system are required in order to handle differences
between the City's payroll processing requirements and the FLSA processing
requirements which have been superimposed on those of the City. These differences
relate primarily to: ~
1. The City's bi-weekly pay cycle versus the FLSA work period.
2. The overtime for an employee as defined by the City's contract with the
employee's bargaining unit versus the overtime as defined by FLSA requirements.
3. The rate of pay used in computing overtime pay under the contract versus the
rate used in computing overtime pay under the FLSA requirements.
Because of the work schedule established for police and fire personnel, these
differences have greater impact on Public Safety employees than on General Service
employees.
IMPLII+4ENTATION APPROACH
The general processing approach, after the proposed changes have been made, is
described below. The approach assumes that no changes are required in order to
accommodate General Service employees and that the FLSA work periods for Public
Safety employees is 27 days.
1. Time card data, for purposes of meeting FLSA requirements, will be entered by
• Public Safety personnel. The time will be entered using the time card as the
data source; however, hours will be entered in sufficient detail to allow
accumulating data either for a 27-day work period or for a bi-weekly pay cycle.
• July 8, 1987
Mr. Steve Devich
Page Two
2. The time entered will be accumulated by work period and the number of FLSA
overtime hours will be computed for each eligible employee at the end of each
work period.
3. The overtime hours by employee will be transferred to the payroll system where
overtime pay for FLSA will be computed and stored as a pay adjustment
transaction to be paid on the next bi-weekly payroll cycle.
4. Reports will be generated which will provide audits on: ~
a) the hours entered by Public Safety personnel as compared to hours entered
by payroll personnel.
b) the transactions generated by the system including the employee paid,
amount, FLSA overtime hours, and pay rate used.
5. Security will be provided to preclude access by Public Safety personnel to
employee master file data except for those employees for whom time is being
entered.
Based on this approach, we have outlined a series of tasks for completing the
project. These tasks are listed on the attached pages.
TIMING AND FEES
We expect the elapsed time for the project will be 4-6 weeks. Our estimated fees
for service are $5,000 to $7,500 based on our understanding of the project and our
estimate of the time required to complete the proposed tasks. If the nature or
scope of our work changes during the project, we will notify you and discuss any
expected changes to the fees. Our time on the project will be billed monthly on a
time and materials basis using $45.00/hour as a standard billing rate.
I have truly enjoyed working with the City of Richfield and appreciate the
I' cooperation and courtesy extended to me by your staff. Please let me know if I can
provide you additional information or clarify any of the points above.
Sincer ly,
ymond J. iske
/ke
• Attachments
ATTACHNIE~IT 1
TASKS FOR IMPLEh1E1VTING
FLSA REQUIRII?~TPS
TASK ESTIM4TED HOURS
1. Data Base Design and Development 12
1.1 Employee Control File
1.2 Time Transaction File
2. Design Data Entry and Update Screen 16
2.1 Employee Control File
2.2 Time Entry
3. Design and Develop Batch Program 40
3.1 Compute FLSA Overtime Hours
3.2 Create Overtime Transfer File
3.3 Compute FLSA Overtime Adjustment
• 3.4 Update Payroll Transaction File 'III
4. Design and Develop Reports 16
4.1 Time Entry Edit Report
4.2 Overtime Transfer Report
4.3 Bi-Weekly Hours Audit Report
4.4 FLSA Adjustment Listing
5. Testing, Installation and Training 24
108
•
CITY OF RICHFIELD, MIL~~.~,c~SOTA
Council Letter No. 206
Agenda July 13, 1987
Issue Statement:
Award of Contract for 1987 Concrete Sidewalk, Curb and Gutter
Repair.
Background:
Each year the city removes and replaces deteriorated concrete
sidewalk sections and curb and gutter in various areas of the
city as a safety precaution. This work is solely for repair of
existing sites and does rnot include construction of new sidewalk,
curb or gutter.
On July 1, 1987 bids were opened for the 1987 concrete sidewalk,
curb and gutter repair. A copy of the bid minutes and tabulation
is attached for council review. The two bids were as follows:
Randy Kramer Excavating - $32,336
Victor Carlson & Sons - $43,505
These bids are based on unit prices for estimated quantities.
Because of the unit price bidding procedure, the actual cost
could vary, often resulting in a lesser cost to the city,
• depending on actual field measurements at the time of the work.
The adopted 1987 budget for street maintenance includes $23,000
for repair of concrete sidewalks, curbs and gutters. However,
the inventory taken in preparation of plans and specifications
indicated additional sites in need of repair. The engineer's
estimate at the time of bidding was. $28,000. The fact that only
two bids were received is a strong indication that concrete
contractors have plenty of work available to them this summer.
While the low bid of $32,336 is above engineering estimates,
there is sufficient funding available in the street maintenance
budget for the added expense.
Recommended Motion:
Accept the bid minutes and tabulation and award a contract to
Randy Kramer Excavating in the estimated amount of $32,336 based
on unit prices submitted July 1, 1987 for 1987 concrete sidewalk,
curb and gutter repair.
Basis of Recommendation:
1. The bid from Randy Kramer Excavating is the lowest submitted.
2. Staff has investigated the contractor and found he has ably
performed work of this-type in the past for other
municipalities.
3. Funding for the work is included in the 1987 street
maintenance operating budget.
Alternative Recommendation:
The city council may choose to reject the bids and direct staff
to obtain new bids. However, the bids received are in line with
the amount of work which needs to be completed. Staff does not
believe we will obtain better prices from a reputable contractor.
Discussion(Decision Mode:
Although this item has been scheduled for the July 13 agenda, the
council may choose to delay award of this contract. The contract
documents allow bidders to withdraw their bids in 30 days so
action should be taken no later than July 27, 1987.
Respec gully submitted,
James Prosser ~
City anager ~I
JDP/eja
•
•
CITY OF RICHFIELD
Bid Opening
July 1, 1987
11:00 A.M.
Sidewalk., Curb and Gutter Repair
Bid No. 87-6
Pursuant to requirements of Resolution No. 1015, a meeting of the
Administrative Staff was called by Thomas P. Ferber, City Clerk,
who announced that the purpose of the meeting was to receive,
open and read aloud, bids for sidewalk, curb and gutter repair,
bid no. 87-6, as advertised in the official newspaper on June 17,
1987.
Present: Thomas Ferber, City Clerk
Michael Eastling, Community Services
Representative
Eileen Anderson, City Manager Representative
The following bids were submitted and read aloud:
I VENDOR I BID I TOTAL I
I i SECURITY I I
I I I
I Randy Kramer Excavating Watkins I 5~ Bond I $32,336.00 I
I
I
I Victor Carlson & Sons Inc. I Cashiers I
I Eden Prairie I Check i $43,505.00
The City Clerk announced that the bids would be tabulated and
considered at the July 13, 1987 City Council Meeting.
Thomas P. Ferber City Clerk
CITY OF RICHFIELD, MI?~~~~SOTA
Council Letter No. 205
Agenda July 13, 1987
Issue Statement:
Request for permit for Town and Country Fireplace Center located
at 6341 Penn Avenue South.
Background:
City ordinance provides that the city council must approve all
permits for illuminated signs.
Town and Country Fireplace Center requests a permit to erect
a double-faced, pedestal sign. The sign is to be a 58 sq. ft.
pedestal sign on the existing base. ii
Recommended Motion:
Approve the permit for a 58 square foot double-faced pedestal
sign for Town and Country Fireplace Center, 6341 Penn Avenue.
Basis for Recommendation:
1. The Inspection Division and the Planning Division have
approved the sign.
2. The sign conforms to all applicable city ordinances.
• Alternative Recommendation:
1. Not approve the permit. However, the city has no
alternative design criteria to suggest for substitutes
for this sign.
Discussion/Decision Mode:
This item has been placed on the consent calendar portion of the
July 13, 1987 council agenda for consideration. The business is
requesting action to complete their sign placement.
Respectfully submitted,
Jame Prosser
Cit anager
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Date Date
APPROVE` ~ DENY ~ : r _ APPROVE ~ DENY ~ :
Planning Depr~nt City..Council
• Date b ~Z'3 ~ ~7 Date
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Route to .above for .special .approval per code. General Signs
APPLICATION FOR ADVERTISING PERMIT
City of ;Richfield, ,Minnesota -
.
Date r~~f 4.l f 8~ Zoning Sign Erected -Yes X No Fee ~ ~
Address of Sign~~~C Proprietor Name ~,~~",rL~!€~~W~~.~ DBA
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Sign Erector ~6~iJ ~Zh/c' Address ~y/7 f9c1c'"~ S~
TYPe of Sign ~ Design Weather Cover Lightin
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-Wall ~ Single Face ~ Clear Lexon Constant ~ ~ Y~II
Projecting ~ Double Face ~ Frosted Lexon Flashing j i
Ground Multi-Faced Plastic Covered Revolving ~i
Roof Aerial/-Blimp Shaded Traveling..
Pedestal Searchlight Neon Zip Lite
Changeable ~ Banner/Pennants Other ~ O>tjher (Explain}
:Tam orar Portable Frame: Sign Colors ~~zc- ~~..~L$w'
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Trailer T A Post ~J ~.4~ ~'x~sJj~/~.' l~ 7x/~
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If Illuminated - es No ~ Watts
~ctrical Contractor Address Phone
Property Owner or his Agent Signature /~/iC~ .Phone ~
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Estimated Cost o?~~ ~ Sign Width Height ~ ~ 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, 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?
Applicant ys' ~ tune .and Title with- F3.rm
Date t~~
Phone Number ~
1985 PLEASE SEE..R~vrtcSE SIDE FOR SIGN LOCATION. SKETCH
Svert Hendrickson/Building Dfficiai - 866-5061
1~~ I
. CITY OF RICHFIELD, MINNESOTA
Council Letter No. 204
ul 1 1 87
A enda J 3, 9
g Y
Issue Statement:
Execution of XIII CDBG Public Services Agreement/Day Care
contract with Greater Minneapolis Day Care Association.
Background:
On May 9, 1987 the City Council approved an allocation of $20,000
to the Greater Minneapolis Day Care Association from the XIII
Urban Hennepin County Community Development Block Grant Program.
Subsequently, Hennepin County has approved the funding allocation
as submitted. As a cooperating unit the City of Richfield is
required to execute the attached contract with Greater
Minneapolis Day Care Association.
Recommended Motion:
Approve the attached contract with Greater Minneapolis Day Care
Association to provide $20,000 from the XIII Urban Hennepin
County CDBG funds in support of the Richfield Child Care Sliding
Fee Program.
Basis of Recommendation:
1. The execution of the contract formalizes the approved funding
allocation and responsibilities for CDBG Year XIII Sliding
• Fee Day Care Assistance.
2. The execution of the contract is consistent with previously
established procedures.
3. The contract. is similar to contracts approved by the city in
previous years.
Alternative Recommendation:
The City Council may choose not to execute the contract with
Greater Minneapolis Day Care Association and assign the
administrative responsibility for the program to Hennepin County.
This may simplify the administrative responsibilities of the
Greater Minneapolis Day Care Association, but may also mean less
local control of the program. The city's role would be limited
to deciding the amount of money allocated to the program.
Decision Mode:
This item has been placed on the consent calendar portion of the
July 13, 1987 council agenda for consideration.
Respectfully submitted,
Ja D. Prosser
C' Manager
•
~y~
PUBLIC SERVICES AGREEMENT/DAYCARE
• This a reement made and entered into by and between the City of
Richfield hereinafter referred to as the "City" and Greater
Minneapolis Day Care, a public service agency, hereinafter referred to as the
"Agency",
WITNESSETH:
WHEREAS, the City is an authorized cooperating. unit in the Urban Henne-
pin County Community Development Block Grant program by virtue of a joint
cooperation agreement executed between the City and Hennepin County pursuant
to MSA 471.59, and
WHEREAS, the City has allocated Urban Hennepin County Community Develop-
ment Block Grant funds in program year XIII for the purpose of supporting the
Child Care Sliding Fee program administered by the Agency,
NOW THEREFORE, in consideration of the mutual covenants and promises
contained in this Agreement, the parties hereto mutually agree to the follow-
ing terms and conditions:
I
The City agrees to provide 20,000.00 dollars from the Urban Hennepin
• County Community Development Block Grant to the Agency in support of the
Child Care Sliding Fee program.
The City reserves the right to assign its administrative responsibility,
pursuant to the requirement of the Urban Hennepin County Community Develop-
ment Block grant program, to any other cooperating unit.
II
The Agency agrees to provide the City:
1. Affidavit of Agency service fee schedule.
2. A financial statement for the past full year.
3. A statement of public revenue sources for the period June 1, 1986
through June 1, 1987.
III
The Agency agrees to award funds to eligible applicants residing in the City
on a first come first served basis with maintenance of a waiting list of
eligible applicants.
•
Public Services Agreement/Day Care Page 2
IV
The Agency agrees to allocate funds to eligible recipients based on the State
of Minnesota Department of Public Welfare Sliding Fee Scale with U.S. Depart-
: ment of Housing and Urban Development Section 8 income limits. used as a
ceiling cutoff for eligibility.
v
The Agency provides assurance that it will- comply with:
1. Administrative reporting requirements of the County.
2. Title VI of the Civil Rights Act of 1964 (PL88-352). (Nondiscrimi-
nation in program or activities receiving Federal financial assis-
tance.)
3. Section 109 of the Housin and Communit Develo ment Act of 1974 as
9 Y p
amended. (Nondiscrimination in any program or activity subject to
provision of the WCDA.)
4. OMB Circular A-102 Attachment 0, section 14, paragraph (h) by
assuring the grantee, federal .grantor agency, the Comptroller
General of the United States or any duly authorized representative
access to all records directly pertinent to this contract for the
• purpose of making audit examination, excerpts, and transcriptions.
5. OMB Circular A-102 Attachment C (2), and maintain all re uired
q
records for a period of three years after receiving final payment.
YI
The Agency,. prior to financial reimbursement, shall provide the City or its
assignee with:
1. Individual Data Confidentiality form.
2. listing of clients, their addresses, and amount of assistance per
client.
VII
This Agreement is effective as of July 1, 1987, and shall continue in full
force and effect until all funds made available under this Agreement have
been expended in accordance with paragraphs I-VI, but no later than December
31, 1988.
~y--~ 3
Public Services Agreement/Day Care Page 3
A
IN TESTIMONY WHEREOF, the parties hereto have set their hands and
affixed their seals this day of 19
.Upon proper execution, this Agreement will be legally valid and binding.
GREATER MINNEAPOLIS DAY CARE CITY OF
ASSOCIATION STATE OF MINNESOTA
By By
Its Mayor ~I
and and
Its City Manager ~
'i
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I
i
• '
CITY OF RICHFIELD., MINNESOTA
Council Letter No. 203
Agenda July 13, 1987
• Issue Statement:
Resolution Authorizing Lease of a 10' x 470' tract of City
Property abutting Lincoln Field Park to Mr. Thomas Price
Background:
For several years a small 10' x 470' tract of land, the western
edge of the city's Lincoln Field Park, has been leased to Mr.
Thomas Price in connection with the operation of a mobile home
park located east of Lyndale Avenue, north of the Century Court
Apartments and west of the city's Lincoln Field Park. The
current lease will expire July 31, 1987.
The property is not presently needed for municipal purposes, so
it appears that to continue leasing the property is in the best
interest of the city. It is understood that the property can be
used only in connection with a mobile home park, that no
permanent structure other than a fence may be erected, that no
other use of the leased land may be made without written consent
of the city and that the city council may at any time terminate
the lease if it is determined a mobile home park is incompatible
with the city's use of its adjacent park property.
The term of the proposed lease is five years. For the last five
years, Mr. Price has leased the land for $350 each year. It is
proposed that with the new lease there be a five percent annual
• increase in rental rates. Mr. Price is in agreement with these
lease provisions. The rental sums received from the proposed
lease would continue to be paid into the General Fund.
Staff Recommended Motion:
Approve the resolution authorizing the Mayor and the City Manager
to execute a lease with Mr. Thomas Price for the rental of a
small tract of land for a period of five years.
Basis of Recommendation:
1. The land to be leased is not presently needed for municipal
purposes and such premises probably will not be needed for a
term of five years.
2. Mr. Price is in accord with the terms of the proposed lease.
Alternative Recommendation:
1. Do not lease the land.
2. Reduce or extend the length of the lease.
3. Reduce or increase the annual rental rates.
Discussion~Decision Mode:
This item has been scheduled for the July 13, 1987 city council
agenda. To allow Mr. Price sufficient time to either make
payment before August 1, 1987 or to vacate the property, decision
should be made no later than the July 27 city council meeting.
• Respec fully submitted,
J Prosser
City ~ anager
RESOLUTION N0.
• RESOLUTION AUTHORIZING LEASE OF CITY PROPERTY
TO THOMAS E. PRICE
BE IT RESOLVED by the City Council of the. City of Richfield,
Minnesota, as follows:
1. A proposed lease of the north 10 feet of the following
described tract of land, to wit:
The west 468.68 feet of the east 493.68 feet of that
part of the south 20 acres of the north 30 acres of
the northwest quarter of the southwest quarter lying
south of the north four feet thereof of Section 34,
Township. 28, Range 24
to Thomas E. Price is hereby ordered to be placed on file.
2. It is hereby determined that the premises described in said
lease are not presently needed for. municipal purposes and that
such premises are not anticipated to be needed for a term of five
years.
3. It is hereby determined to be necessary and expedient for the
city .to lease such premises to Thomas E. Price for use in
connection with a mobile home park and such proposed lease is
hereby approved. The mayor and city manager are. hereby
authorized and directed to execute such lease for and on behalf
of the City.
4. All rental sums received under the provision of such lease
shall be paid into the. General Fund.
Passed by the City Council of the City of Richfield, Minnesota,
this 13th day of July, 1987.
John Hamilton, Mayor
ATTEST:
Thomas Ferber, City Clerk
CITY OF RICHFIELD, MI~W~.~~SOTA
Council Letter No. 202
Agenda July 13, 1987
Issue Statement:
Purchase and installation of Ice Arena heat reclaim coils.
Background:
The city council policy resolution on purchasing provides that
when the purchase of merchandise, materials, equipment or
construction exceeds the amount of $5,000, authority to purchase
shall be submitted to the city council for consideration.
The adopted 1987 Capital Budget includes $12,000 for the 'I
materials and labor to install a heat reclaim system that will
utilize the rejected heat from the refrigeration equipment to
heat the Ice Arena. The work for both the east and west handling
units includes a warranty for one year after date of
installation. City staff would be responsible for the work not j
included in the proposal, as provided in the Ice Arena operating
budget.
Three local vendors with a history for this type of work were
requested to submit quotations. Two were received:
Vendor Quotation
Cool Air Mechanical, Inc. $11,035
Holmsten Rinkmaster $18,270
Staff Recommended Motion:
Authorize the purchase of materials and labor from Cool Air
Mechanical, Inc. to install a heat reclaim system at the
Richfield Ice Arena in the amount of $11.,035 per the quotation of
June 18, 1987.
Basis of Recommendation:
1. This project was proposed for more efficient and economical
operation of the Ice Arena.
2. The quotation by Cool Air Mechanical, Inc. was the lowest
submitted by a responsible vendor. Cool Air Mechanical, Inc.
had a similar installation at the Bloomington Ice Garden.
3. Sufficient funding is provided in the 1987 Capital
Improvement Budget.
Alternative Recommendation:
1. Abandon the project even though it is anticipated the work
will provide a higher comfort level, greater efficiency and
an operating cost saving for the Ice Arena.
2. Attempt to secure additional quotations before proceeding.
However, the city staff has reviewed a number of options and
found this approach to be best suited for the Richfield Ice
• Arena. It is unlikely additional quotations would be
forthcoming.
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• Discussion/Decision Mode:
This item is on the consent calendar of the July 13, 1987 city
council agenda. Action need not be taken at this time, but it
would be in the best interest of the city to authorize the
purchase as soon as possible so the work may be scheduled to
afford the least possible interruption of activities at the Ice
Arena. The prices quoted are in effect through July 31, 1987.
Respectfully submitted,
Jame Prosser
City tanager
JDP/eja
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CITY OF RICHFIEhD, MINNESOTA
• Council Letter No. 201
Agenda July 13, 1987
Issue Statement:
Approval of the 1987 and 1988 labor contract with the Richfield
Police Supervisory Association.
Background:
The City staff has completed negotiations on a labor agreement,
subject to City Council approval, with the Richfield Police
Supervisory Association, to cover the period of January 1, 1987.,
through December 31, 1988.
This item was originally scheduled for the February 23, 1987
council meeting, but was postponed because of a pending Bureau of
Mediation Services petition by the Captain and .Lieutenants to
split out of the Police Supervisory Association bargaining unit
and form their own unit. Until the determination was made by„the
Bureau, the contract could not legally proceed. That
determination has now been made and provides that the unit will
stay together as one and therefore, the contract is now before
.the council for approval.
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The Richfield Police Supervisory Association represents the
positions of Police Captain, Lieutenant, and Sergeant. There are
presently ten employees represented within the unit.
The 1987 contract year is the first of a two-year agreement.
The changes which have been negotiated for the year 1987 are as
follows:
1. An adjustment of 4~ over 1986 wage rates for all
classifications.
2. The addition of Dental Insurance at $14.00 per month per
employee, up to a maximum employer contribution for
Health and Dental Insurance of $182.50.
The, total package cost of the 1987 settlement is 4.188, which is
comparable to the 1987 settlements of the City's Firefighters and
Patrol Officers-Investigator/Agent Units, and other supervisory
units in the Metropolitan area.
The changes which have been negotiated for the year 1988 are as
follows:
1. An adjustment of 3.8~ over 1987 wage rates for all
classifications.
2. Effective January 1, 1988, employees in the Sergeant
classification will receive, in addition to the holiday
hours, time and .one-half pay for the hours they are
assigned to work on the following five holidays:
• New Year's Day, July 4th, Labor Day, Thanksgiving Day
and Christmas Day.
. 3. Effective January 1, 1988, the maximum employer contribution
for health and dental insurance would be increased from the i,
1987 level of $182.50 per month to $193.00 per month, an I,
increase of $10.50 per month.
The total package cost for 1988 is 4.18$.
~i
Recommended Motion:
Approve the Resolution approving a Labor Agreement with the
Richfield Police Supervisory Association for the years 1987/88.
Basis For Recommendation:
1. Police Supervisors' wage settlements for 1987 in other
communities, which were consistently at 4~.
2. Benefits provided to Police Supervisors in other
Metropolitan area communities - insurance and holiday '
premiums.
3. Wage and benefit settlements of other City of Richfield
employee groups.
Alternative Recommendation:
Do not approve the Labor Agreement, requiring further
negotiations and/or arbitration.
Discussion/Decision Mode:
In order to allow the City's accounting personnel to modify
• payroll records and enact the new pay rates retroactive to
January 1, 1987 as soon as possible, it is recommended that the
City Council act on July 13, 1987 to adopt the attached II
resolution providing for Contract changes, effective January 1, ~
1987.
Respectfully submitted,
Jame Prosser
City anager
JDP/sb
~ ~ ~
RESOLUTION N0.
RESOLUTION APPROVING LABOR AGREEMENT BETWEEN~THE CITY OF
RICHFIELD AND THE RICHFIELD POLICE .SUPERVISORY ASSOCIATION
BARGAINING UNIT FOR THE YEARS 1987-1988.
WHEREAS, the City Manager and the Richfield Police
Supervisory Association Bargaining Unit have reached a complete
understanding concerning rates of pay, hours, and other
conditions of employment for the years 1987 and 1988 and,
WHEREAS, .the Personnel Ordinance requires that contracts
between the City and the exclusive representative of employees in
an appropriate bargaining unit shall be implemented by Council
Resolution.
NOW, THEREFORE, BE IT RESOLVED that the City Council does
hereby approve the Labor Agreement between the City of Richfield
and the Richfield Police Supervisory Association Bargaining Unit
for the years of 1987 and 1988, and orders the provisions of the
Labor Agreement to be implemented, effective January 1, 1987. !I
Adopted by the City Council of the City of Richfield,
' Minnesota this 13th day of July, 1987.
• John Hamilton, Mayor
ATTEST:
Thomas P. Ferber, City Clerk
• CITY OF RICHFIELD, MINNESOTA
Council Letter No. 200
Agenda July 13, 1987..
.Issue Statement:
Request for authorization to enter into a contract with Brown
Computer Services for programming services.
Background:
For the past .several months the City's Data Processing and
Finance Divisions have worked to bring the City back on schedule
with the processing of financial data and implementation of the
new computer system. Considerable progress has. been made thus
far. Projections by the Data Processing staff target the end of ~
July as the point where much of the financial processing of the
City is caught up to normal schedule. ~
At the same time, the Data Processing staff, along with the I
Administrative Services Director, are working on the City s 1987-
1988 budget process as well as preparing the RFP for the
acquisition of the additional computer equipment which was
scheduled for purchase in 1987. Thus, the next several months
will. be extremely busy for the entire Data Processing staff as
they work toward attaining these goals.
In addition to these projects, several miscellaneous conversion
• projects must be completed as soon as possible to restore the day
to day access to information needed by City Departments. These
projects include the Public Safety Accidents Record System and
Police Monthly Reports, Utility Billing Improvements and
Documentation,~EEOC Reporting, Leave Reporting, Cost Accounting
Improvements and Program Cost Accounting Conversion. A
conservative estimate of the programming hours necessary to
complete these projects is 180 to 200 hours. In addition, some
smaller projects surface periodically as more users come on to
the new system and greater computer applications are used. Since
the City eliminated its only Computer Programmer position in ~I
1984, all new applications must be either programmed or planned
by the Data Processing Manager. Under this staffing arrangement,
there is simply no time available for the next several months for
these conversion projects or new computer applications.
Late in 1986, the City needed computer programming assistance and
solicited quotations from area firms engaged in this service.
Quotations were received from three of the better known firms in
the metro area:
Brown Computer Services
of Roseville, Minnesota..........$26.00 per hour
I
Cap Gemini America
of Edina, Minnesota ..............$32.00 per hour
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• Technalysis Corporation
of Edina, Minnesota ..............$32.00 through
$36.00 per hour
The City engaged the services of an experienced COBOL Programmer
from Brown Computer Services during late 1986 and early 1987.
The productivity of the Programmer was excellent. Currently,
Brown Computer Services has the same Programmer available to the
City for the 1986 quoted rate of $26.00 per hour. $26.00 per
hour is $9.00 per hour less than the "going rate" for this type
of programming service. In addition, this Programmer is
extremely familiar with the City's software as well as being very
proficient at COBOL and PDS programming languages which
constitutes the languages used for the bulk of the City's
software.
Recommended Motion:
Approve contracting with Brown Computer Services for a Contract
Programmer at a rate of $26.00 per hour for up to 240 hours of
programming for a cost of up to $6,240.
Basis of Recommendation:
1) There is an immediate need to complete the remaining
conversion items outstanding at the same time that there are
equally important immediate needs relating to the 1987-88 budget
• and computer purchase.
2) The City no longer has a Computer Programmer position. Thus,
during the computer conversion and during the initial period of
time where new software applications are needed, in house staff
is not available to complete these projects.
3) The Programmer from Brown Computer Service, who has assisted
the City in the past, is available to the City at the 1986 rate
of $26.00 per hour.
Alternative Recommendations: ~
1) Do not approve the Contract Programmer. However, some very
important conversion projects would not be completed until very ~I
late in 1987 or spring of 1988. This data is needed in the next
several weeks.
2) Approve the Contract Programmer for a lesser amount of hours.
3) Direct staff to seek an alternative Contract Programmer or
seek other quotations.
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•
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Action/Decision Mode:
Action on this matter is requested at the July 13, 1987 meeting
so that these projects can be completed as quickly as possible.
Respectfully submitted,
James D. Prosser
City M ages
•
•
CITY OF RICHFIELD, MINNESOTA
Council Letter No. 199
Agenda July 13, 1987
Issue Statement:
Acceptance of a report of the Hennepin County Environmental Task
Force, presented by Ms. Jeanette Lofstrom, a member of the
Richfield Advisory Board of Health.
Background:
The State Community Health Services Advisory Committee (SCHSAC),
comprised of local health board representatives, advises the
Minnesota Department of Health on public health priorities. In
1986 the SCHAC discussed how it could assist counties in meeting
the requirements of the Local Comprehensive Water Management Act..
The committee decided to publish a planning guide for local
jurisdictions. In order to ensure that all relevant issues were
covered in the guide, the SCHAC recommended that counties study
the issues of water planning and quality, and report their
recommendations to the SCHAC. The SCHAC will use the
recommendations to publish the guide in late 1987 or early 1988.
Hennepin County organized a task force of local advisory health
• board members to develop recommendations for the SCHAC. Ms.
Lofstrom represented the Richfield Advisory Board of Health.
The task force has completed its mission and Ms. Lofstrom will
report to the city council on the county task force
recommendations.
Staff Recommended Motion:
Accept the report of the Hennepin County Environmental Health
Task Force.
Basis of Recommendation:
The Local Comprehensive Water Management Act requires local
jurisdictions to develop a plan for water availability and
quality. The SCHAC guide which will be published to assist
local government in meeting this requirement will be based upon
the recommendations from task forces such as the Hennepin County
Environmental Task Force.
Alternative Recommendation:
The city council could direct staff to develop its own
recommendations for the SCHAC. The deadline. for reports to the
SCHAC is September, 1987. The development of an independent set
of recommendations to augment the county study would likely be
redundant, and would require a great deal of staff time to
complete by September.
•
~02
Discussion/Decision Mode:
Ms. Jeanette Lofstrom, a member of the Richfield Advisory Board
of Health, will attend the July 13, 1987 city council meeting to
report to the council on the Hennepin County Environmental Task
Force report.
i
Respectfully submitted,
Jame Prosser
City anager
JDP/eja
•
•
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INTRODUCTION
The Countywide Environmental Health Task force held. eight
. meetings between March 27, 1986 and February 4, 1987. .The goal
of the Task Force was:
"Local Boards of Health will work together to expand public kµ~.
knowledge and awareness regarding environmental and public safety
issues important to the well-being of the County and region, and
maintain a healthy, safe environment for Hennepin County
residents."
After identifying several environmental health issues
affecting residents of Hennepin County it became apparent that
the protection of our groundwater resource is perhaps the most
significant issue of our time.
The Task Force also realized that protecting this resource
• is not being accomplished in a coordinated and effective manner.
Many State and Federal agencies have an interest in groundwater,
however, there is a lack of a well planned coordinated effort to
implement programs which will reduce the risk of groundwater
contamination.
The Task Force concluded that local involvement in a
groundwater protection program is needed to assure that this very
large and valuable resource will be available for future
generations.
BACKGROUND
Minnesota is blessed with an abundant supply of high quality
groundwater. In most areas of the state, access to this resource
is relatively inexpensive. Groundwater beneath the Twin City
Metropolitan area is contained within five separate water bearing
formations called aquifers. One estimate of the volume of water
in these aquifers is roughly one billion gallons per day. In
1979, the Metropolitan area utilized an average of 179 million ~ ,
gallons of groundwater per day. s
4
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Rain water supplies the "recharge" for groundwater in these
aquifers. This recharge takes place within Hennepin County and
in counties directly north and west of Hennepin County. Movement
• of water through these aquifers is slow, ranging from less than
one inch per year to 25 feet per day. The deepest aquifer in the
Twin City area which is relatively easily accessible is 1~d0 feet
beneath the surface. This aquifer is called the Mount
Simon-Hinckley aquifer. The Mount Simon-Hinckley aquifer is .
separated from other aquifers by almost impermeable layers of
rock affording this water bearing formation a high degree of
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safety from surface pollution. This degree of safety can be
compromised by penetrations through the layers of rock with well
i bore holes.
By avoiding contamination of groundwater, the aquifers
beneath the Twin City Metropolitan area_can be expected to supply
the area with water well into the forseeable future.
THE PROBLEM
The safety of the deeper aquifers was found to be
compromised in the 197~'s in St. Louis Park. Residents were
alarmed to find that at least one of their city water wells was
contaminated with a potential carcinogen associated with
creosote. How could this happen when there are several layers of
supposedly impervious rock layers between the aquifer and ground
. surface?
It was known that the operation of a creosote plant had
• contaminated the near surface water table. ~n fact, one could
drill a shallow well in the vicinity of the old creosote plant
site and pump creosote laden water out of the well. But, how did
this contamination reach the deeper aquifer?
Some of St. Louis Park's city wells were taken out of
operation and an investigation undertaken to determine how the
contamination was gaining access to the deeper aquifer. It _
was discovered that a deep water well was open to the surface in
the immediate area. A rail car spill had occurred on the site
about 50 years earlier and the spilled contaminants had flowed
directly down the unused water well. This well transported the
contamination directly into the aquifer which, at a later date,
the City tapped with one of their water wells.
In addition other inactive wells in the area were identified
and after visual inspection of the wells it was found that the
• well casings had corroded, holes were formed in the casings and
contaminated water from upper aquifer was flowing down the
casings into the. lower. aquifer at the bottom of the wells.
Efforts are now underway to correct this problem. The
contaminated deep aquifer is being pumped and the water is
treated and discharged to waste. Wells have been identified in
the area and properly sealed by filling the bore holes with
• cement grout. The costs for this project are very high.
Decisions of what to do with the contamination near the surface
have not been formalized and legal actions are pending to recover
some of the cost related to this project. Pumping of the deep
aquifer will continue into the next century and beyond.
Since then, other municipal water wells in :Minnesota have
peen identified as contaminated with industrial chemicals. The
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•
Other potential threats to groundwater include contamination
by sanitary landfills, leaking underground storage tanks leaking
sewage systems, agricultural chemicals and hazardous wastes. It
is difficult to determine which of these have the greatest impact
on groundwater contamination. Improperly abandoned water wells
. are a potential mechanism which can create a direct link between
the aquifer and the pollution source. Eliminating. the water well
linkage between the pollution source and the groundwater supply
will increase the safety of this valuable resource.
PRESENT DAY STATUS
The Task Force was frustrated with the multiplicity of
agencies involved in groundwater and the lack of a program
designed to cagy out a groundwater protection program. The lack.
of a groundwater protection and conservation policy statewide has
been criticized in other reports reviewed by the Task Force ("A
Strategy for the Waterbelt", Citizen League Report, 1985 and
"Water Quality Monitoring", Office of the Legislative Auditor,
• February .1987).
Management and monitoring of groundwater is shared among
several state agencies. The Minnesota Department of Health
manages the state water well construction regulation, the
Minnesota Department of Natural Resources administers groundwater
allocation and the Minnesota Pollution Control Agency monitors
groundwater contamination at specific sites in Minnesota.
Information about groundwater and geology is gathered by the
Minnesota Geological Survey, the United States Geological survey,
the Minnesota Environmental Quality Board and local Conservation
Districts.
As a result of the Legislative Auditors Report on Water
Quality Monitoring, it may be anticipated that efforts towards
developing a groundwater protection plan in Minnesota may
improve. However, the magnitude of the groundwater problem will
require resources at the local level for implementation.
Additional state funding will be needed to provide adequate
resources for implementing a groundwater plan in Minnesota.
Funding at the State level is tenuous at best.
LOCAL RESPONSE
• The Task Force concluded that a water well abandonment
program should be implemented within the County. The program
should assign priorities to wells which are of large diameter,
multiaquifer and located near a pollution source such as a high
risk industry, sanitary landfill, abandoned dump or other
identified high risk areas.
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The Hennepin Conservation District has obtained funding to
develop a groundwater atlas for Hennepin County. The groundwater
~ atlas will be a valuable tool in identifying weaknesses in
geological formations which may render the deep aquifers
susceptible to rapid contamination from the surface in some areas
of the County. This knowledge could be used to decide whether a
. high risk industry is located in an inappropriate area. The.
k groundwater atlas could be used to help communities in making
land use decisions.
An effort to identify all abandoned open dumps in Hennepin
County should be implemented and coordinated with .the Minnesota
Pollution Control Agencies activities in the same area.
Alternative funding sources should be investigated to offset
the cost of the water well abandonment program. Foundation Grants
may be available through the Northwest Foundation, or other
foundations. The Task Force did no investigate this possibility
due to time constraints.
The activities listed above should be coordinated with a
public awareness campaign to .develop public support for the need
• of such a massive program. There are literally thousands of
improperly-.abandoned wells in Hennepin County and cooperation
from the various communities in the county will be critical for
successful implementation of these control measures.
Local Boards of Health should be prepared to review state
agency initiatives concerning groundwater protection. The local
Board of Health should be in a position to support or recommend
changes to legislation which may be introduced to protect
groundwater.
. ~
RECOMMENDATION
I
i
A countywide groundwater protection program should be
implemented in Hennepin County. The Boards of Health in Hennepin
County should take a lead role to ensure that this groundwater
protection program is developed and implemented in_Hennepin
County.
A Task Force consisting of representatives from each CHS
agency in Hennepin County and other involved .agencies should be
established to develop an implementation plan for groundwater
protection program is developed and implemented in Hennepin
County. The following issues should be addressed by the Task
Force:
1. Develop a uniform program for water well drilling,
maintenance and abandonment in Hennepin County.
• 2. Increase public awareness of the health issues
relative to groundwater contamination.
3. Identify all operating and abandoned water wells
located in Hennepin County.
4. Establish a system which will give priority
to inspection and possible abandonment of water 'I
wells which pose the greatest risk of contaminating
groundwater.
5. Promote the use of the pending Conservation Districts' II
groundwater atlas as a tool to be used by local ~I
government in making decisions for industrial,
residential and recreational land uses.
6. Investigate the availability of alternative funding I',
sources to support a water well abandonment program
including the possibility of funding the abandonment ~I
of water wells which are under the ownership of I,
indigents.
7. _ Evaluate the status of present day activities in I~,
monitoring groundwater contamination.
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