05-09-83 agendaCI`."Y OF RICHFIELD, MINNESOTA
Off ice of City Manager
Council Letter No. 169
Agenda May 9, 1983
The Honorable Mayor
and
Members of the City Council
City of Richfield
Council Members:
Subject: 76th Street Traffic Study Update
At the April 25, 1983 city council meeting, the city council
directed the staff to once again look at the question of traffic
movement and related issues on 76th Street. The update report
which is included in this letter follows the format which was
utilized at the May 10, 1982 city council meeting.
During the early part of 1982, citizen concerns were ex-
pressed to the council relative to traffic movement, traffic
• volume, stop signs, and other traffic-related issues on 76th
Street and its impact on surrounding residential properties. Foll-
owing this the city council directed the planning commission and
city staff to look at this issue and to subsequently make recommenda-
tions to the city council. At their meeting of March 23, 1982
the planning commission made a series of 11 recommendations. The
following narrative will reiterate each of these recommendations
and the status of each as of this time.
1. 76th Street to continue to be classified as a minor arterial
street. The city council agreed with this recommendation.
76th Street continues to be a minor arterial and it is the
staff recommendation that it continue to be classified as
such.
2.
Installation of
recommenda
that time
stalled on
adopted by the city council Si ce
in-
3. Continued police enforcement of speed limits and the Richfield
Noise Ordinance. This was adopted by the council, and the
police have continued to place very high emphasis upon en-
forcing laws along 76th Street.-
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approximately 6 new speed limit signs have been
76th Street.
-2- May , 1983
4. Elimination of stop signs on 76th Street to provide a
smoother traffic flow and reduce noise, air pollution and
vibrations. At their May 10, 1982 city council meeting,
the council did not recommend that this action take place.
It is the recommendation of the staff that stop signs on
76th Street at Sheridan Avenue and at Vincent Avenue be
removed.
5. Monitor the effects of new development in Edina as the
relate to traffic volumes on 76th Street. Richfield should
work closely with Edina to divert traffic from 76th Street
where possible. This recommendation was adopted, and the
city staff does monitor development activities in Edina. As
of this time no project has been carried out in conjunction
with Edina relative to specific traffic diversion activities.
However, when the new interchange at Z-494 and France Avenue
is completed, this should result in asomewhat reduced level
of traffic on 76th Street.
6. Lower speed limits for heavier vehicles such as trucks and
buses to reduce noise and vibrations.. This recommendation
was not adopted by the city council, and additional staff
research on this subject determined that it would be illegal
for the city to do this.
7. Truck weight restrictions to eliminate heavier vehicles from
using 76th Street in order to reduce noise and vibration.
• There is a current weight restriction on 76th Street of three
tons per axle. This restriction has not been aggressively
,-,-`enforced because of the considerable amount of time and ex-
pense required for enforcement. This procedure requires
f that the vehicle be weighed and this results in public safety
personnel escorting the vehicle to a scale in Bloomington to
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determine if a violation has occurred.
8. Improve access to and from I-494 and Xerxes Avenue. A partial
access on frontage road system between Penn Avenue and Xerxes
Avenue is a possibility. This was recommended by the city
council,'and the staff subsequently met with the Minnesota
Department of Transportation to discuss this subject. In
summary, the results of this meeting were that the construction
of an additional interchange at Xerxes Avenue would increase
the problem of traffic capacity on I-494 because I-494 is
nearing capacity. Also, an interchange at this location
would be inconsistent with the current interchange spacing
guidelines (which are a minimumdistance of one mile). This
would also necessitate the granting of a variance from the
Metropolitan Council's policy on interchange spacing. Additional
approval would also have to be granted by the Federal Highway
Administration because it would represent "additional access
to the interstate system,,." The "bottom line" to this question
is that it would appear to be unlikely that an additional in-
terchange could be constructed at Xerxes Avenue and I-494.
At this time the staff is continuing tc look at the possibility
of providing a frontage road system that would more efficiently
move traffic between Penn Avenue and Xerxes Avenue. A study
-3- May . ,1983
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is currently underway which includes representatives from
Hennepin County, the Minnesota Department of Transportaticn
and the cities of Bloomington, Edina, and Richfield. The
purpose of this study will be to evaluate the traffic prob-
lems on Penn Avenue from 76th.Street southward into 31com-
ington and to look at various solutions which will result in
smoother traffic flow in this area. The subject of traffic
flow and congestion on this stretch of Penn Avenue is clearly
related to the traffic flow along the frontage roads on both
the north and south sides of I-494 between Penn Avenue and
Xerxes Avenue. Recommendations should be received from this
study during the latter part of 1983 or the early part of
1984. At tliis point it is apparent that any effective
solution will be very expensive.
9. Bus routes should be analyzed in an effort
deadheading buses wherever possible The
this resolution and the staff subsequently
Metropolitan Transit Commission. The Iran,
covered that approximately 6 buses per day
along 76th Street which did not need to be
empty buses were then rerouted.
to reroute
city council adopted
contacted the
it commission dis-
were deadheading
there, and these
10. Intersection improvements are necessary and planned on 76th
Street at its intersections with Lyndale Avenue and Penn Avenue.
This was adopted by the city council and subsequent to that
the Lyndale Avenue intersection was improved. The new signal
on Lyndale Avenue and 76th Street will be operational sometime
this month. Penn Avenue is the focus of the previously
mentioned study involving Penn Avenue and I-494. The Richfield
Capital Improvement Program indicates potential improvement at
this site in 1986. This date is subject to change once
additional findings from the study are received and the new
capital improvement program is prepared.
11. Fencing alternatives should be explained to probe tv ow-ners
Lo_ i.nstallazion with landscaping suited 'cr visual, -10ise
anci air pollsticn benerlts. Aster snis recommendation was
approved by the city council, a letter and illustration (copy
attached) were sent to all property owners who were adjacent
to 76th Street along the area that was involved ir the study.
Also.attached for the information of the council are copies
of letters received from Mr. and _Mrs. Kenneth Runke and Mrs.
Linda Grossman regarding stop signs°;on 76th Street. Members of
the Community Development Department staff will be present at the
May 9 study session tc answer any questions the council may have
regarding 76th Street traffic.
Respectfully submitted,
1 ? r
Karl Noilenberger
'City Manager
K i/eja
May 3, 1933
(Typed from handwritten letter)
Dear Mr. Mayor and Richfield City Councilmen:
We are very concerned about the possibility of the city taking
out the stop sign on 76th and Sheridan. We sincerely feel if
there is any change made we should have a stop light put in.
Something has to be slowdown the traffic between York and Penn
Avenue so that our children can safely get across to schools
and parks. I think we know that children are going to take a
chance getting across rather than walking all the way to Penn
and back to St. Richards. This morning I had to take my
daughter to West Jr. High and the lights weren't working on Penn.
There were no police directing traffic. What would our children
have done in that case?
My husband took the car up to Thomas yesterday to see how
long it would take him to safety cross at 4:40 in the afternoon.
He stood for 3 minutes before he could get straight across. This
was with cars having stopped at Vincent and Sheridan. Think how
long he'd have stood if they would have had a straight shoot from
York to Penn. Also, how are cars going to rake a left turn onto
Sheridan, Thomas, etc. if they are coming from Penn if they don't
have a stop sign at Sheridan where they can turn to reach the other
street. At rush time. you don't find 2 courteous drivers at the
same time stopping to let a car make a left turn across two lanes
of traffic. We turn left on Sheridan at the stopsign and take
77th Street to Thomas. You would also find a backup of cars all
the way to Penn waiting for a car to make this left turn.
Please consider the people in southwest Richfield and our
safety before you make a decision that will completely cut us off
from the city we have enjoyed.
Mr. and Mrs. Kenneth Runke
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June 18, 2582
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Dear Property Owner,
Recently the Richfield City Council discussed the noise
and air poll.tion problems which residents living along
76th Street are exposed to because of the traffic vol-
umes on 76th Street. One method discussed to reduce
these problems is to construct Tenses, hedges3 or walls
to buffer residences from 76th Street. The city council
encouraged prpperty owners to construct these types of
buffers.
To assist you if you would like to construct some type
of buffer on your property, I have attabhed a diagaam
showing what would be allowed by city ordinances. If
you have any questions or if I can be of any assistance,
please feel free to contact me at 869-7521 Ext. 511.
Sincerely,
Rick Jopke
City Planner
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CITY OF RICHFIELD, MINNESOTA
Office of City Manager
Council Letter No. 168
Agenda May 9, 1983
The Honorable Mayor
and
Members of the City Council
City of Richfield
Council Members:
Subject: City Manager Letter of Resignation
With a mixture of regret and anticipation for the future,
I submit my resignation as the City Manager of the City of
Richfield effective June 17, 1983. I will be assuming the
position of City Manager of Beaumont, Texas on June 22.
In the past four years, I have privileged to serve as
the city manager of this community. The city council members
have been of an extraordinary caliber and commitment which has
made working with the city council an enjoyable experience.
The city staff has been truly outstanding in their dedication
to the community and the cooperative and efficient manner they
have provided city services. It has made the job of city
manager a very easy task as well as a pleasurable one. Thank
you for the opportunity provided to me.
It is recommended that the city council accept the letter
of resignation of the City Manager effective June 17, 1983.
KN/eja
Respectfully submitted,
Karl Nollenberger
City Manager
• CITY OF RICHFIELD, MINNESOTA
Office of City Manager
Council Letter No. 167
Agenda May 9, 1983
The Honorable Mayor
and
Members of the City Council
City of Richfield
Council Members:
Subject: Approval of Plans and Specifications for
C.P. 782- 1983 Sidewalk Construction
On March 28, 1983 the city council approved the installation
of sidewalks at the following locations:
On Side From To
1. Lyndale Avenue West 74th Street 76th Street
2.
3. 65th Street
65th Street North
South Penn Avenue
Upton Avenue Russell Avenue
Xerxes Avenue
4. Xerxes Avenue East 62nd Street 65th Street
5. Rae Drive West 65th Street 66th Street
6. Vincent Avenue East 65th Street +350' South
7. 78th Street North 12th Avenue + 250" West
8. 78th Street North 12th Avenue 13th Avenue
9. 78th Street North 14th Avenue Cedar Avenue
10. Bloomington Ave. East 75th Street 76th Street
11. 77th Street South Nicollet Ave + 130' West
12. 76th Street South Xerxes Avenue Sheridan Avenue
The city engineer has prepared plans and specifications for
these sidewalks in accordance with the council action.
The plans reflect a desire to save trees, to reduce mainten-
ance costs, and to limit impact on adjacent property. Sidewalk
sections numbered 2,3,6,7,8,9,10 and 11 -will have a least three
feet of sod between the sidewalk and curb. Sidewalk sections
1,5 and 12 will have a concrete buffer strip between the sidewalk
and the curb. The xerxes Avenue side,,7alk will have an asphalt
buffer strip between the sidewalk and the asphalt curb.
The staff recommends that the city council adopt the attached
resolution approving these plans and specifications, and ordering
the placement of advertisement for bids. Bid opening is scheduled
0
Council Letter No. i67 -2- May 9, 1983
for June 22, 1983, with council award of the contract scheduled
for June 27, 1983. The anticipated start of construction is the
second week of July.
Respectfully submitted,
Karl Nollenberger
City Manager
KN/ej a
40
0 RESOLUTION NO.
RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND
ORDERING ADVERTISEMENT FOR BIDS FOR
C.P. 782 - 1983 SIDEWALK PROJECT
WHEREAS, pursuant to a resolution passed by the council on
March 28, 1983, the city engineer has prepared plans and specifi-
cations for the improvement of the following locations by construction
of a concrete sidewalk:
On Side From To
Lyndale Avenue West 74th Street 76th Street
65th Street North Penn Avenue Russell Avenue
65th Street South Upton Avenue Xerxes Avenue
Xerxes Avenue East 62nd Street 65th Street
Rae Drive Test 65th Street 6666th Street
Vincent Avenue East 65th Street _ 330' South
78th Street North 12th Avenue t 250' West
78th Street North 12th Avenue 13th Avenue
78th Street worth 14th Avenue Cedar Avenue
Bloomington Ave. East 78th Street 76th Street
77th Street South Nicollet Ave. t 130' West
76th Street South Xerxes Avenue Sheridan Avenue
And has prese nted such plans and specifica tions to the council
for approval;
NOW THEREFORE, be it resolved by the City Council of Richfield,
Minnesota:
1. Such plans and specifications are hereby approved;
2. The city clerk shall prepare and cause to be inserted in
the official paper and The Construction Bulletin an
advertisement for bids upon the making of such improvement
under such approved plans and specifications. The
advertisement shall be published June 1, 1983, shall
specify the work to be done, shall state that bids will
be received by the clerk until 1L.:00 A.M. on June 22, 1983,
at which time they will be publically opened in the council
chambers of the city nail by tie city clerk and engineer,
will then be tabulated, and w 0l be considered by the
council at 7:00 p.m. on June 27, 1983 in the council
chambers and that no bids will'be considered unless
sealed and filed with the clerk and accompanied by a cash
deposit, cashier's check, bid bond or certified check
payable to the clerk for five percent of the amount
such bid.
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0 CITY OF RICHFIELD, MINNESOTA
Office-of City Manager
Council Letter No. 166
Agenda May 9, 1983
The Honorable Mayor
and
Members of the City Council
City of Richfield
Council Members:
Subject: Hearing and Ordinance Amendment Relating to
Adjustment of the Certification Charge for
Delinquent Water and Sewer Accounts. Second
Reading. Resolution Setting the Certification
Charge.
At the April 25, 1983 city council meeting, the city council
approved the first reading of an ordinance to allow the certifi-
cation charge on delinquent water and sewer accounts to be set
by council resolution.
Prior to the second reading, it is recommended that the
council change the language of the proposed amendment as indica-
ted in the attached copy, to clarify its application bo both
water and sewer accounts, and to provide for the allocation of
the charge equally between the water and sewer funds.
Also attached is a proposed resolution adjusting the cer-
tification charge from $10.00 (the present amount) to $20.00
The staff has investigaged the city's costs in handling the de-
linquent accounts, including the interest estimated to be lost
by the city during the year. This total cost is approximately
$10,540 per year. Since about 540 accounts are typically cer-
tified for collection with taxes, the proposed charge of $20.00
would recoup the city's actual costs.
It is recommended that the city council hold the public
hearing and approve the second reading of this amendment, and
that they also adopt the resolutionf at the May 9, 1983 city
council meeting.
Respectfully submitted,
• Karl Nollenberger
City:Manager
KN/ej a
AMENDMENT TO CHAPTER VIII,
PART II, SECTION 8.12 OF THE
ORDINANCE CODE OF THE CITY
OF RICHFIELD
CITY OF RICHFIELD DOES ORDAIN:
Chapter VIII, Part II, Section 8.12 of the Ordinance
Code of the City of Richfield dealing with rates and charges
for sanitary sewer service is hereby amended by amending
subdivision 12 thereof to read as follows:
"Subd. 12. Collections. All charges of sewer and-water service
are due on the quarterly due date specified by the
city for the respective account and shall be delinquent
15 days thereafter. It is the duty of the city to
endeavor to promptly collect delinquent accounts, and
in all cases where satisfactory arrangements for
payment have not been made, all such delinquent accounts
shall be certified to the city clerk who shall prepare
an assessment of the delinquent amounts against the
properties served. To each account there shall be
added a Certification Charge (Preparation For Certification
of Taxes of Delinquent Accounts) in the amount provided
for in Appendix D ef-X19-99. This assessment roll
shall be delivered to the council for adoption on or
before October 1st of each year. Such action may be
optional or subsequent to taking legal action to collect
delinquent accounts. 4i-it- f i f? rt-? ter-rre-l-tries--a-
?e??-emote-a-a-de?i?tt-?a?rti?3; The certification
charge, when collected, shall be allocatecT-equaily
between the city's water fund and its sewer fund.
Passed by the City Council of the City of Richfield,
Minnesota this day'of , 1983.
John Hamilton, Mayor
ATTEST: r
Sylvia K. Bergh, City Clerk
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RESOLUTION NO.
RESOLUTION AMENDING
RESOLUTION NO. 6537
BE IT RESOLVED by the City Council of the City of
Richfield, Minnesota as follows:
1. Section 1 is amended by adding the following new
reference.
"Ordinance Code This Resolution
Section Subdivision Section Number
8.12 12 2 9-B"
2. Section 2 is amended by adding the following new
provision after 9-A.
TYPE OF PERMIT SECTION TOTAL FEE FEE
OF LICENSE REQUIRING VALUATION SCHEDULE
9-B Certification 8.12 N/A per $20.00
Charge certification
3. This resolution shall be effective beginning on the
effective date of the Bill 1983-
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CITY OF RICHFIELD, MINNESOTA
Office of City Manager
Council Letter No. 165
Agenda May 9, 1983
The Honorable Mayor
and
Members of the City Council
Citv of Richfield
Council Members:
Subject: Appointments to the 19.83 Board of Review
40
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The city charter provides for the local Board of Review for
the property assessment to be made up of council members and
two residents of the city experienced in real estate matters.
Mr. Harry Tickner and Mr. Harley Witte, who have served
on the Board of Review in recent past years, have declined
to be considered for appointment to the Board this year.
As a result, staff has sought out two other residents willing
and qualified to be considered.
Mr. Lawrence H. Emond, 6325 Russell Avenue, was referred
to us by Mr. Tickner. Mr. Emond has been a certified inde-
pendent appraiser for approximately 8 years, and his primary
work involves conducting property appraisals for savings and
loan institutions. He is also experienced in building and
remodeling construction, and until recently, maintained a
real estate license. Mr. Emond has been a Richfield resident
for approximately 23 years.
Mr. John Janski, 6500 2nd Avenue, was also referred to
the staff. Mr. Janski has been a real estate appraiser for
over 40 years and is a past president of the Minnesota Chapter
of the American Institute of Real Estate Appraisers. He has
been a resident of Richfield for over 30 years.
It is recommended that the city council approve the attach-
ed resolution, confirming the appointment of these two
residents to the local Board of Review, which will meet at
7:00 p.m., Wednesday, June 1, 1983:.
Respectfully submitted,
fy?
Karl Nollenberger
City Manager
KN/eja
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RESOLUTION NO.
RESOLUTION CONFIRMING CITY MANAGER'S
APPOINTMENT OF TWO RESIDENT MEMBERS
TO BOARD OF REVIEW
•
BE IT RESOLVED that the City Council of the City of
Richfield has hereby approved the city manager's appoint-
ment of Mr. Lawrence Emond and Mr. John Janski as 1983
resident members on the Board of Review.;
BE IT FURTHER RESOLVED that compensation for the two
resident members of the Board of Reciew be set at a minimum
of $32.00 per session of the Board, or $13.00 per hour per
session of the Board, whichever is greater.
Passed by the City Council of the City of Richfield
this 9th day of May, 1983.
John Hamilton Mayor
ATTEST:
Sylvia K. Bergh City Clerk
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CITY OF RICHFIELD, MINNESOTA
Office of City Manager
Council Letter No. 164
Agenda May 9, 1983
The Honorable Mayor
and
Members of the City Council
City of Richfield
Council Members:
Subject: Discussion of City Manager Selection Process
The council members will be discussing the procedures to
be followed during the city manager selection process at their
meeting of May 9, 1983.
Attached to this council letter is a copy of a booklet
• entitled "Selecting a Professional Municipal Administrator",
published by ICMA. A review of this booklet may be helpful to
council members before the discussion on May 9.
Respectfully submitted,
art Nollenberge?
City Manager
KN/eja )I
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For more than half a century, the
International Citv Management
association has been the professional
organization for chief appointed
management executives in cities,
counties, towns, and other local
governments. Its primary zoals
include strengthening the quality of
urban government through professional
management and developing and
disseminating new concepts and
approaches to management through a
wide range of training programs,
information services, and publications.
This report has been published by the
International City Manaaement
Association as part of its Career
Development Series. The series has the
purpose of providing information for
ICMA members. mavors and city
councilmen, members of county
governim-, boards, and others who have
a direct interest in the ernplovment
and professional development of
appointed urban administrators.
c'o?,yrih[ 197 h. titz
ALtna :ii_,.. A? n
•
•
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Selecting a Professional
Municipal Administrator
A Guide for Municipal Councils
Edwin O. Stene
It has been evident for some time that. in view of the raoid ex-
pansion in number, scope. and technical complexity of munici-
pal functions, the job of managing the modern city is becoming
more and more difficult. This difficulty is compounded by the
myriad of problems and demands now placed on the local gov-
ernmental system. It is easy to see v by today the municipal
council's task of selecting an administrator assumes deeper sig-
nificance and requires create: care than ever before.
This report is intended to provide the latest guidelines for the
selection of a professional municipal administrator. The Interna-
tional City Mana?-ement Association has lona been interested in
the process- of recruiting and selecting such administrators. The
first report published by IC%IA on this subject. The Selection of
a Cite Manager, appeared in 1930, with subsequent editions and
articles in 1937, 193. 1957, 1965, and 1965. This 1972 re-
port, which succeeds the above publications, presents an entirely
new approach.
The selection of a municipal administrator is the most impor-
tant task performed by a council member during his tenure.
Ho%?ever, as the job of selecting an administrator comes before
a council fairly infrequently. the average councilman seldom has
more than one opportunity to participaie in this selection pro-
ses;: consequently. he seldom :an rely on past e.Xperiencc. We
hope that this report will provide the councilnuin .with the
kno??Iej,e necessary for ;uccessfufly ?lischaruill this important
I MICtlon.
With this in mind, we Belt the uiihor should be someone
highly experienced in ail arc,ls of nuln?lger training. recruirnlent.
and )C II(`rl. So ..c flays; chk)scn the m.,n %0io has 'ralnCLI. re-
cruited. tlnd placed hundJ_cds Of cite managers anti other focal
«t> crnm?nt a?ministratols-Dr. Edwin 0. Stcnc-to Share his
C?pCr1CIlCC 'path ll?.
1-!..in Stcnc, .`,ho dirc,:tcd the lit. Manage-?` TiaMM-T Pm-
':.
?)-rA lye il:? II-C Cnt Ill. ;Ild .% ho l? all I loilo ?ll.' ?ICm-
h?:;- Ili 1L?yI?, ha> ncIt Or7k" .?Ci?c?nall. tt!t??IC?I ;rlC ?'? ?IIIdCn[S
•
who received the tilaster of Public Administration degree under
his supervision (11 I are. now city managers, while another 110
are serving in other capacities in local government) but also has
participated, as a consultant, in more mana,.zer selections than
he would like to remember. Even now, in his retirement, he is
constantly approached for advice and recommendations by
councils faced with the problem of selecting a new manager.
We wish to thank Ed Stene for his generous support of
ICVIA over the years, and now, especially, for his authorship of
this report.
We would also like to thank those persons who took the time
to review the initial draft of this report, including=: Douglas %V.
Ayres. Citv Administrator, lnale%vood. California: Arthur ?V.
Broma,e, University of ylichi2an: J. Lyle Cunninszham, Gr1tIcn-
hagen-Kroeger, Inc.: Mrs. R. G. ( Betty ) Johnson. Council-
woman, Minnetonka, Minnesota: Loren L. Law. Loren L. La,,v
and Associates. NIanaS,ement Consultants: Orin F. Noltina, Ex-
ecutivc Director Emeritus. ICMA. David D. Rowlands. Esecu-
tiLe Vice-Presid;int. University District De`eiopment Council.
Seattle: E. Robert Turner, EXeculive Director, South East Mich-
izan Council of Gu?ernmcnts: John \?cntz. Cite Phee-
ni.x, Arizona: and Deanc P. ?v'ilev, Cite Tana er, Garden City,
K:lnsas.
Thank,,) are due ltkm to John F. Fischbach. Assistant Director
of the Professional Dcvclupn,cnt Center. 1CNIA, for his final re-
vic,.v and editorial re%P Ions of the manu,cript.
NI.\RK E. KLA E
D. ccuni c Dircc;or
Internatio[lal C;tv
yiana ?etnent =?????ciati,?n
Contents
Summarv of stets in selectioL, an administrator vii
Introduction 1
I . Why is the selection of a manage:- a difficult
problem' 1
2. What is a professional municipal
administrator'
3. Why not select a local person? 3
4. % hat are the main steps in ;electin« a
new administrator'
5 When do vice start lookin,->'
6. What kind of manager do we wane'
?. Vv'hat qualities should «e look for in a new
administrator'' 6
8. Ho« should vve determine the salary to be
off'ered" 8
9. How shall we orLanize to recruit :,znd1datc.s and
make our selection' 9
10. AG'hat recruitment devices shall %%C use'' I 1
1 1. How Can \A'e '_'et the nlo'`t u)ZfUI Intl)rllla[IOn
oll the initial .!ppiiccuic)1) 13
12. l-Io%? do vac idenuf? tits best gU,111tiCd
app?l ailt? 1
I `. What do Arc do about the ;ll?(ll;?.iili A\lio appears
in PC!"On Of Olklrs a) ? Uinc !or in ntcr\ ;CAA
1 >
aC 1!? ??Vx'11 ?Ar???nso:. -
;ill
t;r\ u !)\ I' :,ln\, ?l tip:?.' ?)
i o.
Tv-} S+ ..? .r 1
vi Contents
17. What do we do between the appointment and the
assumption of duties by the new manager? 17,
18. What do we do wizen he comes' IS
19. How long should the whole process take' IS
Dos and don'ts 19
Appendices 21
Appendix A: `Ien o to a mayor re the search
for a :nana«er 23
Appendix B: How Rida-'e«ood found a villa?-e
manager 27
Appendix C: A couniv board employs an
administrator 30
Appendix D: Mana2cr recruitment by an executive
search tirm 3-1
Appendix E: Lawrence seeks mana?-er ?%ith
professional degree 3b
Su,2t,ested .eadinL?s
Summary of steps in selecting a municipal administrator
The main steps for the Qo?erning body in selecting a municipal
administrator are outlined brieti'v below. More details on each
step are ziven in the text of this report.
The council should:
1. Survey its own needs and those of its city.
?. Determine how the selection procedure will be handled:
whether they will hire an outside executive search firm.
whether there will be a council committee, who will receive
applications, etc.
3. Decide on qualifications for the position and tentatively es-
tablish the salary to be paid, and make decisions on other
specific points. At this stage the council should be asking
itself the following questions: "\Vhat kind of cite manager
do we want and need " and "What forms of assistance
should \?e seek`'"
4. Recruit promising candidates by encouraging the right kind
of applicant, by advertising in the state league of munici-
palities ma,,azines, and by sendima information on points 1
and 3 above to the International City Management A- socia-
tion i 1 1 0 Connecticut . VC11LI ;. N.W.. Nashin,ton, D.C.,
20036). so that the vacancy can be listed in its semi-
monthly .Vewsletler.
5. Notify all applicants of the receipt of their application and
rcA'ICAA' the appllcatloii1 and tillppclrtill? papers, This >tc;)
v1"Ould include inquiries to former empioyers and others
cited as references. In the end. the iinaiists should be re-
duccd to a n1anLItICablc number, perhaps three to six. At
[1115 time all appfictult,'hould be notified of their status.
0. C,ill 111 the liii il1,t5 ?c:lCcted bv ?tcp J, lit CIty C\t?Ctl? for
t)n iei IUrtI1Cr ?:i1vC>fi_a[I)`il? ?>[ t?CC t'i' illtt1 1: feal
Il c:Ulii lelat II?C1 icif n", 111ic fl ti iblc, \ I>lt Ill tllcIr ci[
ICS tl) 111tCrA'IC`.v' :tJp11 1111aIe u?l!1 :c2 ?l!cI1 11?11? "nt)Uld L`C
lade t)111V AA IU1 the ettllC:Ir:enc tit 4hc .';`tillCaill.
?. Make a [clltat,\C oitCr to the ?.llldIl ,!Ie AVIo a the: !IrSf
•
•
yttt SUP.ImarV for Selcct:n'_ an Aimink[raror
available choice, and arranLc for further discussion in your
own city. at cite expense. Such a visit would provide a
good opportunity for the candidate's wife to see the cite,
aiso at city expense, if she did not accompany him on his
first interview.
9. Prepare an emplo%ment a?ireement coverin« statements of
intent and common understanding, on pay, termination, and
other conditions of emplo%nlenr. :also, notify the other
finalists that the decision has been made. and thank- them
for their cooperation.
10. Introduce the new manau-r to the cirv emploaees and the
community.
The terms cirv and nurnicin?rlin. as used in this report, refer to
any local _Lo%crnment of _;cnerai ;urisd:'ction le_,a11v constituted
L rider ,tare laws, for exami??C, a town. ellla,Te, borOn'7il. town-
Ship. city, or countV, or a ie galls constituted council of zovern-
ments.
The terms city i7 aiia,cr and l7mnicipa/ actin ii1i.CiP[ for refer to
the cl icf adnl4nl5tr,Cl?c oill lei or ',n%' -,lil% Mho haS been
ar PoIntCd 'r o\ Its TO%"CI aln'T
The term; 171111 bO(iv' :Ind ci!V' rt:r ;O the
elected hod`. Lo%crntl ?),r,% IIILIi11,: alit, ;fats eilCmp:iS?l111? C1ty
C0U11 C1?>. [on COLIIIC00'11-d" o irLl?t C>. hoards of tiClt.tillCn.
?UaCd> Of tinpCr?isor", L'oltrd" of dlrCCtor?, CtC.
- ? j
•
Introduction
The cite councilman who participates in the appointment of a
cite manager or chief administrative officer is probable enLyaged
ill the most important task «ill perform during his tenure. It
Is .ask requir I-IT careful punning. astute evaluation of candi-
dates. and a clear understanding of relationships between the
oarticuiar cite government and its ne« manager and of the re-
sponsibilities of the appointee.
The purpose of this report is to assist city councils in the
selection of cit% nlanaLTers bv sus?,estinLl and discussing auide-
line? and procedures based on the experiences. both successful
and tmsuc:cessful, of many rite councils over several decades.
No t,,to cities call for prcclsei? the game qualifications, but a list-
InT of 2rItc-ia and an outline of procedure may pro?ide a basis
f,?r J:ncrmining priorities an?i avoidinn the ,itfalls of ill-consid-
ered action and of delavs of indecision.
Tae report is presented in the form of a series of questions
tll:it council members I1;iTilt. and probable should ask. The
?carcil for ans?' ers shlluid print tine way to [he means for effec-
tive selection. A council may rind it useful to discuss these ques-
t:C lls at iIt r It ,ta, Of th,, eicction process.
The rcnort also Includes, a apbendlces. a fe`.\' ca?,C s.udies of
?ir?`CeCllll'C? :1CI alb\ follk)??ed b% CM and Count%?TC?VCrlllnT bod-
ic;s In ti-ir >ca!'ch for a nc`.`•adminlstrator. These case >tudies
are tl!- I I .iCd mClti?V' ;l? C\;tlll!'le? ind arc, not necc-arily ,ccom-
111Cnd1Cl1 PrOCCLILIrC?. T , talc ?1t thl> cc'port ltsClf dc?,:nbes in dc-
1. hN is the selection-of a nlana? er a diilicult problem?
lie?:?^. Fact ill.a the man,aTe! \01( !Pc the mo>t 1111rOr-
lt: l e;,, tin th. _.' n r.Cnt. tf:c uc e?'cral
adlniili?-
.. C!IIc, !- ^C;lt.'UIV !Ind it
lhA ., lnCli {?eC1il:.llIk111? re .alltl_ tratn -
•
is
' Select;-- a Municinal .-administrator
inz and experience, or to raise their salary levels, to secure
managers who meet their criteria. In many cases they must
renew the search after re%ic??ina the initial Lroup of applica-
tions. The laracr and medium-sized cities. xhich usually re-
ceive a sizable number of applications, find it rela[iyely
easy to eliminate a ereat maioniLy of applicants.
?. No licensin« systems or minimum qualiflcarions are specified
in state laws or cite charters. Any individual %ho learris of
the vacancy may apple. with some hope that ne ?%ill be con-
sidered. Lnlikc a school 'ward, which must select a certined
administrator as superintendent, a city council is bound only
by such vague crltc'.rla as "selection on the basis of merit and
adrmnisirati` e competence. "Adiminlsiranve competence 'is
claimed by applicants from many different walks of life. As
a result, the coLlncil is often burdened b% the task of seiect-
ML- from an unduly iarTe number of applicants. AIso. inenl-
bers may be impressed b% success ;torus that ha%e little to
do with city management. While lic:nsimz s%stems or !eL-ally
donned minimum UL1aliLa110nS mi`ht exC Lid ?`?11-C?Uall icU
candidates. their absence ..dd, to the councii's problems.
3. The average COUnclltllan ?,eldoin has more than one Oprot-u-
nity to participate in the selection prncess: consequently. lie
cannot rely on past e1;pc;~enc,:. Furthermore, mt.n:, chic, are
not PJ 100kii1C ;fir r:?te,?((?na!1 U" :;!lee'. :tin?ln
1Ji1'atOrS. T,1c,, h.l\e fViLul upon aimiieurs, elected or arl-
pllil[et!, [c) ad!il!:11,tCi- Cit`at?alr?, alld haAe n:°?C! ?
cO11?IC,Cre?l gliallilCat!an? olllc 1. th;ill a Can?lidale ;1LlliltV to
m??bl?llc p:??l[lcal t'I' ilC'E'?t?tlai ,l;pp??rt. Th!:[i:1C5_rt?l!".; ?f
llilll[C \p I'f i1CC le:ld"' lip to tilt'. 11cm dll >i;c Il.
'. i that is .i hro;e,,?iotm! nlunicii)al adnlinitiirator'A
A Guide for Councils i 3
or experience. Moreover, the present shortage of fully qualified
administrators and the wide variety of needs among cities make
precise legal criteria inadvisable-, for the time being, at least.
Therefore, cities must investisate other areas for evidence of
professional competence. One such area might be the knowl-
edge, skills, and personal philosophies characteristic of success-
ful managers. Certainly, a professional city manager must have
acquired a general knowledge of organizational techniques.
urban problems and procedures, and means of coordinating a
wide variety of activities, and he must have developed a skill at
understanding and working with people, But while it is impor-
tant to consider these qualities, they are too vague and general
to serve as a basis for classifying a candidate as professional or
nonprofessional.
Experience in a position requiring solution of the problems of
urban government, and an educational background for public
administration, are also important. An increasing number of city
managers have a background of education in this field-either
at the undergraduate or the graduate level of study. A few such
programs are designed primarily to train for general urban man-
aL,ement. Not infrequently, the university educational programs
include internships under experienced urban managers. Such in-
ternships bring a trainee face to face with urban vovernmcnt
problems and with ways of dealing with them.
Another type of evidence of professional development-and a
highty important one-is active participation in protessional or-
ganizations and in-service cducatiornal programs. The profes-
sional administrator is concerned not only with continuing self-
developmcnt but also with the '_'encral improvement of urban
public service, and th4 trainint-, Of coileal7ues and subordinates
as future administrators.
3. Since professionalism is so indelinite, ti+hy not select a local
person Nvitli administnitO e experience:'
?C11U?a1?? 01 i?t'l?tC?StUnalli[n JO not 2ontcnd that a Candidlatc
,hullid be excluded fr?Ili considcr:uion "imply because he likes
in the cite. .A ,lunyher' of successful city managers started their
carccrs as locai appoiirtces: and the incrcasing anhointntcnt of
L.J'
•
4 1 Selectin; a Nfunicipal Administrator
' _ 71???G'vi ems.. x@ ?'?Y.:. '? +..e , s 3 ?. 5 ? - ? . _ .+F•a,. ?-.-._ ... _
assistant city managers and ad
that the city has ministrative
often
management• a local man trained and experiassistanentsced in
There are
some advantag ,
ever. In the first es in selecting
broader Place, his a nonresident
no PetsPective than that of in other cities o' .
es 1
public exp at of the local resident who t? has
erience elsewhere. Second Iv
wwith associations ithinout the past or °bliQ the Outsider cc
cit. While the local atiOns to persons or Q
ber ed, the Pr,
person _r(
ms of might also be U
And too often past associations could
be a nenc:
considered his COCOUncil that has selected handic
candidates mpeience relative a local man has
to that of. other availai
ava ablInrPortant point is to seek the most
competent pers.
4* jN'hat are the main ,
pointing a ne« steps ill the
munici
One might process of selecting
pal administrator:' and ap
t refer to
because this process as the "
ench step should be thor°utr critical
next ste hlv path approach..-
ered" P rs started. Yet it is im considered
should not portant drat •• before the
necessary mean unduly delayed thoroughly Cons-
for suc
Id-
cess in the , Prompt
he main , appointment. action is also
steps can be enumerated as follows:
1Decide upsn crit,ria
to be e?
Paid, com
. and make ether s Pected a
should be a pecitic plans. A Pensation to be
srrng itself. At this wsta"e the co
want?" and '??'hnt kind of city uncil
2. hat assistance shall w ?„ nana?cr d
Recruit Promisin> e seek. ° we
lied n PPlit cans,dates. Trv to attract the best quak
ants aVailable.
qualified. and discoura`
: -
e those who 'ire not
3. Rey ie.? the applications
should incluu'e end supporting
ir,quirics to Papers.
cited as former This step
reference. emnlo
mtn,r-(,? cable panther The turali,k
should an?1 to others
r,
Inter „ . Perh"rhs tirrec t he reduced to a
!? ? the ,o six.
unalist;'elected f?%
Conduct further in??s(i?''1(i?? p
rt of une of- more of the 'cading
A Guide for Councils 1 5
candidates, including, if possible, visits to their cities. Such
visits should. be made only with the concurrence of the ap-
plicant.
Make a tentative offer to, and arramze for further discussion
with. the first available choice.
Prepare an employment agreement, together with statements
of intent and common understanding on questions raised by
either party on conditions of employment, etc. Also arrange
to notify the other finalists that the decision has been made.
Introduce the new' manager to the city employees and the
community.
Fhe questions that follow will deal primarily with the proce-
'a] steps listed above. Note that the word the refers to the city
mcil or other governing body: it may refer also, at times, to
selection committee.
When do we start looking?
I city manager resigns. retires, or is being terminated, the
ch should be2iri immediately after the otTieial decision has
i made. Occasionally a city council will delay because an
Lion is pending or a proposal to abandon the plan is to be
d upon. Even then. the initial steps should be taken, so as to
ce the time lapse between departure of one manager and
?al of another, `
a city has voted to adopt the council-manager plan. the be-
in( of the search will depend on when the plan becomes
tine. If the outgoing governing-, bod% is sympathetic to the
ge. it nuty be possible to' have applications on tilc b% the
the new council is sworn in. In any case, the new council
ld proceed with the fiat step immediately after its clcction.
'hat kind of inalli--er (1, Ile 11,111t?
ourse, no two cities are alil e ar,d nr two ntana«crs arc
Ind a particular cite may need diflcrcnt tync!? o; leader-
it difrcrcnt times. Ti?c?efure. the council .,i?ouid start Keith a
y (4 its (m n nec,!s ?n?d tht?;e of the rite. Onc Jtv m:.v need
thCnln`, In fllla;irG11 Ill;lnaLemcnt, ;trotlicr fIl ?(?illmUnlty
I '
f Sel
ect'
tn o
_ a Mu
nr
ci al
- A
p dm' rnrstrator
Planning, a third in public relations;
or, as
city may have a is often the
combination of these,
The following situations and other, requirern
should receive special considers
A
city
" than has just changed
ily need its form of governs a man who can bring ment ordi:
implementing the an enthusiastic a r
- - new system
new syste . Also, the first manaproac;
_ m should be strong on er in
establishing public relations and
o relationships with incumbent officials and e
ployees of the city.
_ When a manager has
F? r pressure, been dismissed the council or has resigned unc
tends to look for or streng
has
which he showed Weak the in areas
nesses. However,
overcompensating for there are dangers
r3g?, qualities that
tion. If the outg have led to diss
'MA
atisfa
oiny manager
subordinates, for rant le save too much freedom to h
P
ciplinar, a sudden Chang
1 e to a strong
might result in antag
onisms which Would gig.
rise to further problems.
There are
must be brought times when a manage
in to solve major problems may
rise to antag that
onisms but
must be dealt with ately;t it
applicant acansituation is antieina immedi
red, the council should info
is being "'form anv
?V seriously considered.
When a popular city
manag
o er retires,
city, or moves to a
the council larger
men asks his assistan
successor, yet the possib ; ce in the search for a
recd for no%v strength
z€ xrr y . ent qualities should not be overloo s or differ-
_0
ked
assistance of lay citrzens or of an outside b de consultantrl The
x -_ -
be desirable at this stage. might
Determination of criteria such as rsidence,
aRe
and past e.-perience should not he overly . education.
_ ter
'a
quaatel rnav E)tfset another: rd. One of these cri-
or other qualities may not be
=5 f Y con rdcred- C,ert,rrn in,t* clerisioti m
1 ade-
y -+t bons may cl), Yc, too. as the sear?lr proceeds re`arctin` qualitica-
n 7,
ii'hat yualitics should «e ,
R ? :administrator:' look for hi a new
`` _ .. '. municipa
As stated eaq lief,.
call C1tV" tllll >CC? ;) r]l;ln??ir,?
tICU(tlr ne ds' and its _c, who tits iN
?listu?ctive features. However certain yuali-
j
i
_S? t 1
?._V' ?'.? .?I..? ...
A Guide for Councils ; 7
ties tend to characterize the professionally effective manager.
They involve particularly:
Relationships with subordinate. personnel. An effective man-
ager is able to delegate authorit;f with confidence. This means
that he allows department heads to make decisions within their
own jurisdictions without his specific review and approval. and
yet he maintains general control of administrative operations.
He instills confidence and initiative in his subordinates. To do
so, he encourages innovative planning and emphasizes support,
rather than restrictive controls, for their plans and programs.
He develops a friendly and informal relationship with the
working force as a whole, yet maintains the prestige and dignity
of his office.
Relationships with the corurcil. An effective manager serves as
the key official in policy malting without threatening the author-
ity of the council and without embarrassing them by failure to
provide essential information and advice.
He strives to maintain friendly and impartial personal rela-
tionships with the mayor and councilmen, and to keep them
equally informed about administrative developments.
Relationships a-itlz other goy cr'mnents. The professional man-
ager is an initiator- of cooperation among units of government.
He should promote close communication with other local ad-
ministrators and should encourage joint meetings of governing
bodies for the discussion of related programs and common prob-
lems.
He keeps abreast of federal ant state developments that affect
the city ?tnd informs the council of p0h,2ies that may call for de-
cisions regarding city programs.
Rclationships with the public. The effective manager adapts
to the comn!unit%". tr"aditiblis and its views re,ar?lin?? his role in
public relations, and he maintains a friendly and restionsive atti-
tudc toward all «ho seek his audience. In addition, he makes
special effort to reach those sections of (lie community that tend
to feel theni.ckcs neglected by their cite ,overnment.
Prwcs.,ional s:ills. The. profc?lsional city m.lna?',C rossesses
four tvpes ()t pei-anal skills: tlicy are r I i technical skills. ( 2)
•
•
?.1- :Y? .._- F. __.P _ Lw.?..a.+ii?v .Oe'K'?!+AW???i.wlP??+'?'??'
1
8 Selecting a Municipal Administrator
'-.? "!r-e:?>Y>?"Zi'aX?F' ?: EV.•'5?.,..F -r^.? ?' . a '?.?rc'?',.
human relations skills, (3) conceptual skills, and (4) a capacity
for innovation.
Technical skills relate to his -competence in specific opera-
tional areas of government. especially financial planning and
control, administrative analysis, program direction, and commu-
nity planning.
Human relations skills are reflected in his ability to work with
other people. Here the capacity to listen and to recognize the in-
terests of others may be observed in interviews with candidates.
The conceptual shills concern his ability to maintain a broad
perspective of community services and to detect or anticipate re-
lationships that are readily overlooked by the inexperienced per-
son. This skill is somewhat akin to a medical doctor's ability to
sense the possible relationship between emotional disturbances
and physical pain.
A capacity for innovation, or an ability to anticipate prob-
lems and develop effective approaches to meeting such prob-
lems, is another of the attributes of an accomplished manager.
While this capacity is somewhat difficult to assess, a person's
general approach to problem :olvin, and administration gives
some indication of it.
While the above qualities may be difficult to evaluate on a
short-term basis. the council that keeps them in mind %vill be
better prepared to compare the professional competence of the
candidates.
S. How should we determine the salary to he offered!
What should we pa%the new manager" This is a question that
will be raised_ at file outset. It should be dealt with before re-
cruiting begin, since the ,alar% offered will partially determine
the duality of tile '1prilc'llits.
The cO-umcil should make a tentative decision on the salary to
be paid. l,cepina in mind the tact that their initial decision may
need to he revised ul'M ard, to attract the candidate they want.
There inay hc, a on?iderah!c difference. then, hetwcen the ?tart-
:n<< atr.,t tflc: ???un?il !11,1.% ??ant to pay ,tnJ the tol) amot;nt it
arty have to pay to _,et the manager it wants. It is essential that
the council be willimi to pa}, a salary that .yill attract a capable
_
3
A Guide for Councils 9
man. This is one of the most important management positions in
their community, in both the public and private sector, and it
should pay accordingly.
In arriving at the probable amoutnt, the council should investi-
gate salaries being paid municipal administrators in cities of
comparable size and socioeconomic-political makeup, as well as
other management salaries in the community, including those of
the school superintendent and private business executives: the
council should bear in mind. however, that the final determinant
is what they must pay to get the person they want. Upon re-
quest, a council can obtain from the International City Manage-
ment Association a summary o[ salaries paid managers of cities
in various population groups.
9. How shall we organize to recruit candidates and make our
selection?
Ultimately. the council itself (or the person or body in whom
the appointing authority is legally vested) must make the final
selection and. therefore, should be involved in the entire selec-
tion process to as great a degree as possible. Where, however,
they feel a need for outside assistance, a variety of methods
found useful in other communities may be emplo}ed in the in-
termediary stages; some of these methods are described in the
case studies appended to this report.
A small governing body of three or five members can easily
serve as its own recruiting and screening agencv, with the cleri-
cal assistance of the cite clerk or another trusted employee. Yet
there are advantages in bringing others into the process, either
to secure professional evIlluation or to assure more widespread
acceptance of the new appointee. Councils of seven or more
members might well maize use of screening committees and
miL1ht also consider the v rlue 0[ outside assisrancc-always re-
membering. ho%ve%cr. that the bauic responsibility cannot be del-
eLmtcd to in%one other than thentscl%c>.
Sonic cities ha%"e successfully used screening committees made
un of city manal*crs-ash well as professors-whom they know
and respect. Such consultants. being familiar with the dualities
Selecting a Municipal Administrator
necessary for successful management, could bring valuable in-
sight to the screening and.selection process.
It should be borne in mind, however, that all any outside
group should be requested to do is to screen the applicants
down to a smaller number. The final determination is something
only the council as a whole should undertake, and familiarity
with the wide ranee of applications coming in can help to place
the selection in proper perspective.
A growing number of cities, like private corporations in
search of high level management personnel, are relying on the
services of qualified executive search agencies. The range of
services offered by these firms varies widely, but most assist
councils in determining their special needs-, planning the recruit-
ment procedures; evaluating the applications and attendant in-
formation; recommending a manageable number of qualified ap-
plicants; and, sometimes, in negotiating employment agreements,
working conditions, and salaries.
The appendices to this report include some "Suggestions for
manager recruitment by an executive search firm" (Appen-
dix D), and a case study of a community that utilized such a
firm for the selection of its first manager (Appendix B). Coun-
cils using these services, however, should make certain they se-
lect a reputable firm, familiar with the special requirements of
local governmental administration. The experience of a consul-
tant firm should be checked by letters and phone calls to the cit-
ies it has served. A list of Iii-nu known to have assisted councils
in this way is available on request trotn ICNIA ( 1 140 Connecti-
cut Avenue, N.W., Washington, D.C., 20036).
Many communities have. for a number of years, successfully
relied on the a?vice and guidance of professors from the major
graduate schools involved in training municipal administrators.
These profcssor:s, like executive search firms, can advise councils
on recruitment procedures. They have the advantage, too, of
knowing personally many managers currently in the profession.
Another type: of cwtsidc assistance, which can be combined
%kith the use Of consultants. inwIvcs the participation o citizens
outside of the city council. One city, for example, organized a
screening committee Much had members drawn frotu the school
.t 1
A Guide for Councils 11
board, the board of county commissioners, and the local cham-
ber of commerce, as well as the council itself (see Appendix E).
This approach is especially useful in promoting intergovern-
mental relations and General community participation and sup-
port.
While the initial recruiting and screening, including: the
responsibility for prompt acknowledgment of applications, may
be left to a selections committee or to consultants, the entire
council should always be kept informed of progress.
It should always be borne in mind, too, that every effort
should be made to keep the names of applicants confidential.
The press and other media recognize and accept the fact that
confidentiality is necessary to the selection process in order to
attract the most promising candidates. If the possibility existed
that their names might be leaked to the press, many managers
would shy away from becoming a candidate.
Whatever procedural steps the governing body chooses to fol-
low, its own obligation to the recruitment and selection process
should remain foremost. Though time-consuming, the process
thev are involved in will ultimately determine the person in
whom they must place their confidence to effectively implement
their policies for, perhaps. \ears to come. Responsibility for the
selection process, therefore, cannot be delegated to anyone else.
10. What recruitment devices shall «e use to attract applicants
and obtain initially useful information'.'
The two most useful methods of recruitment are (I general
publicity' in professional journals personal imitations to
selected individuals.
As soon as the deci?ion is made to seek a new cite manager,
the council should intt)rm the International City MalutGement
A„ociation, which lists in its ,cminionthly eitsleiter vacancies
for municipal adminkirator po,itions. The notice should state
the qualiiic'mons dc"M:_l 'Ind the ippro\irna[c salary to be paid,
tts well ,,; the city s population and the general organir.ation of
its =o%crnment. The, notices appear in each is,ue of 1CM14
CIVS!cirrr until an al?poinnnent hats been announced or notice
ro?
.y?„?? ?...E ? -rte 3 x 'fir Ti•`xs - - _ ... - .. '?' _ -
.i "
12 Selecting a Municipal Administrator
t is given that applications have been closed. There is no charge
to city councils for this service,
t a ; The American Society for Public Administration { 122 Con-
t gym" s ,` : "
nectieut Avenue. N.W. Washington, D.C.. 20036) publishes
> notices of vacancies in its monthly newsletter, Public Adnainis-
? h - tration News and Views. A number of state municipal leagues
f ?- and regional organizations in the field of public administration
offer the same service.
If a council is willing to enter into an employment agreement
??y®
(see question 16), the,, will find this is an excellent recruiting
tool and should mention it in their job announcement. The re-
cent IC?4A publication Employment Guidelines for Urban Ad'
ininistrators l 1971). obtainable from ICMLA, points out that
'" - "prior announcement of willingness to negotiate and enter into
an agreement for empio\ ment of the selected urban administra-
tor will accomplish two things: ( I) secure a materially greater
t number of well-qualified applicants, and (2) make it possible to
actively proselyte managers \\ ho are known, to have the enact
_,M £ N
qualifications, experience, and qualities which the jurisdiction
n .M needs and desires.'' A specinc outline for an employment agree-
ment, together «ith a suggested agreement, are included in Em-
17
' ?
?plownent Guidelines for Urban ldministrators.
, "?? ?' t f s <s _: Recruitment through personal Invitation Is an effective way of
ax . c s mat
attracting competent applicants ??ho are unli clv to respond to
general publiclt%. Well-known city mana,-,ers. ICMA vice-presi-
dents and state association presidents, executive secretaries of
,-y
- state municipal league:. and director; of ul]iv-crsity public ad-
ry Y
3 ministration programs are useful sources Of inforn]ation about
potential candidates. Good consultants should be helpful in
S
Seeking l)llt proirlls(ng C11I1d'LLIICS. The Intel'illlilonal Clt% J(an-
3 aLclncnt AyS0Cl!ltW[1 F)UL, U11C? annually The .'.hoziclp?ll i??Q11U"e-
y r -? r}ttb az Inept DIrC c:orv,; ; r lam ?\ i]IC}l nall]cs of I]lanagers may be drawn.
TI)e ICS[ also Ituh)',i,cs all annual tII['CC;hr\' O[ aSSis[at]ts in
.. A. 4 fr v.-I
, ? -? ': _ municipal :I"lmill istrat:on. whirll is an excellent source for names
??f .IS,istant<. The I' A can also pros de inlorn]atit>n on a1e .
4
tenure, anti education Of it, MC1111bers. Hm\ e%er, ICNIA floes not
male recr?]]n]cnd: titlns ?? ith lewd to spccili individuals or aP-
". ' x- plicants.
y.
A Guide for Councils 13
1Y 9 1
l? After deciding upon a list of invitees, the council should send
a personal letter to each, together with a statement of informa-
tion about the city and the position, copies of the most recent
budget and annual report, a copy of the city charter detailing
. _..? „? . the manager°s duties and responsibilities, and any ocher informa-
-=>
lion that will help the invitee to become familiar with the com-
?f i munity, the city organization. and the council,
y, ;ter
11. How can we get the most useful information on the initial
application?
Some councils use application forms in order to compare appli-
cants on a uniform basis. Other councils rely on an analysis of
.; _ resumes and coverin(z letters. tiiany managers and other profes-
sionals who reply to an advertisement by sending a covering let-
-?.,.,.;a,? ter and a resume do not like to have this followed by a request
q to complete a standard application form.
„q xc r If a council uses a consultant or a screening committee, any
" 7Z;Z application form prepared by them should be reviewed by the
council before the form is reproduced.
.-
` b 12. We have received many applications. How do "e identify
the best qualified applicants?
'4 "t`OiPJ-w F?
If the council has set reasonably clear nlinlmunl standards, those
Y5U,. ,dc: i•
applicants who do not meet thcrhl can easily be eliminated in the
initial screening.
Every applicant ,iiouid be notified of the ;talus of his applica
?*.?. t 1a ¢
lion-especially those clirninated in the initial screening-even i
if it is necessary to send a torn letter. The importance of notif%,-
_AY
so cannot be
na applicants of thei! =status cverv tvv?? weeks or
overstressed. It is important to the applicant as \\el1 as to the
col Heil. The allcservcs and c?t)ccts this courtesy; it also
saves the Counc!1 il0m hcu1L &lu«ed with phone calls.
OF h?
The second scrccmn-, c,,n be b,tseCi oti a caterul .'oiiir,nIson kit
r? v
l11.1311llca(IUI1S. 1-Ill\\c:\'Cl', Cal-C'. ?hollld 1?C t,lkc!1 to Q\hld CXCt'.ssl\'c'.
rcl(,lnce on lluantltat!\C d ita: I.e.- retl \ears of expcFie11Ce is nl?t
necCSsarll\' pri:ier,lbl:: .,to `Ices or hV"e co tli'ei'. A rerson with
?-? ? 'tom ti s
'ZO
17
14 i Selecting a Municipal Administrator
long tenure in one city may find it difficult to adjust to another;
also, aye does not necessarily correlate with maturity of judg-
ment or with adaptability',. Short tenure in the previous city may
or may not be significant; but a series of short terms should be a
warning that thorough inquiry is needed.
While the number of applicants occasionally exceeds 100, the
initial screening suggested here will probably reduce it to 20 or
25. By requests for letters of reference, by telephone calls and
other types of inquiry, and by careful examination of applica-
tions, the number should be reduced to five or six applicants-
or even fewer-who will be called for interviews. Again, it must
be stressed that those applicants eliminated from further consid-
eration should be notified immediately.
13• What do we do about the applicant Who appears in person
and seeks out councilmen to talk with, or tiNho offers to come for
an interview at his oNrn expense'?
While the council should plan to pay the expenses of all candi-
dates i
i
d f
nv
te
or interviews, the personal appearance or offer to
come at one's own expense is not necessarily a disqualification
:
T .
The important point is to insist that each candidate submit com-
pfete information and that all applications be evaluated or. the
same basis.
A candidate's offer to pay expenses to appear for an interview
may be a sign of difficulties in a current position. The best re-
spouse from the council is to ;ay that :he wiflicatioll will be re-
viewed alon« %ti ith others, and that if the applicant is invited for
:
? an interview the ciiy will pay his expenses
. .
y ._ .
4 - -
-` 14. What can we;learn from the interview, and ghat plans shall
., we make for it'!
s• ?> The intcrvic%v <IIOLI d be u"cd to acquire information and im-
? he found in ti,c ?? rit[cn record,.
Tile
Cl)lln ll or Its ?Cre?nlm! committee ',hollld Care tUlf?" ??
. l i;l,l Iil? ??4'
questions and }'crhaps also decide "%I]o ,h(,uld ask each ques-
tion.
1
r
r 1
'Y` T! L ti
y A Guide for Councils 15
:rev questions which can be used to compare candidates
from a style viewpoint as well as from a substantive viewpoint
x might include: (t) Why did. you apply for this position'?
(2) What is your experience 1o date in this field? (3) What
is your personal philosophy on the resolution of crucial city
issues'? (4) How would you handle [state a specific exam-
- le of a P' roblem]?? (3) What is your PhiiosoPhY regarding mat-
?,.?,,.,a?- x ?
P
ters of council-manager relations'. ( 6) What do you think you
ha`? can contribute to this jurisdiction's Jovernment? (7) What con-
- ditions would you set up for accepting the appointment if it
- ?? were offered'?
Some questions should be based on the council's specifications
for the job; and also on any doubts which may have been raised
in reviewing the candidate's application.
A primary purpose of the interview is to evaluate the candi-
date's personality, his speaking ability, his maturity, and the
likelihood of mutual confidence developing between him and the
x ecuncil. For this last reason the entire council should have an
:' «r = opportunity to interview the finalists.
?Z Durin; the interview with the council itself, the alert candi-
date will undoubtedly raise questions about the community and
%j? about the council's view of the ma=,er's role, for the interview
f
is a two-way process, and the candidate, too, is forming judg-
?,, - merits and is evaluating the community and his future emplov-
41-
<N ers. Some y,overniny bodies hold intclviev,s which are too short
- to «ive either party time to make an ;ntelligent, informed deci-
y v - lion. Adequate time for mutual asses;n.ent :Must be given.
Planning and scheduling the interview, inviting, the candidate,
handl!m-, his arrival, and "Ilo tins hull d1lCing his ylsl[ r:llsc
2_4 problems in themselves. Tllc council. too, s its
¢x-P best toot forward." and all ?ietaiis tar a pleasant arrival, visit,
and departure ,hould be scltlcd i? c;irly as possible. These in-
-? F
x ' ?°? F'a € elude plane re,crvatioiis, aCCI tIilllOdaI[l)nti, Iransp()l'IaIi0n, and
entertainment.
The cl)uncil should expect ;Ollle c;Indidate, to ,tav for a day
f or C'.y(-) l'n 4r nl UI'd r< to i Uf Ciler llllaCe tfIC Cl (tl[[Il1nI[y. It
CCl!l ildaiC de, LJCz to !ljove, iI %%'11 c Tot ?)!llv for -,Ii,: nosltlon
;. F? -;- but al,o for hi, tanlily' :mirollment.
•
•
16 ! Selecting a Municipal Administrator
15. Shall we visit the present or former cities served by the can-
didates''
Such visits can be highly useful: yet they should be kept to a
minimum, partly for reasons of economy and partly to avoid
needless embarrassment to the unsuccessful or successful candi-
dates. Visiting councilmen will necessarily talk with a number of
people in the community, The preferred method is to visit only
as many cities as necessary, in the order of preference of candi-
dates interviewed. Visits should include talks with councilmen
and employees, as well as with citizens representative of all seg-
ments of the community. Councilmen of a city with a large mi-
nority population, for example, should certainly attempt to as-
sess the candidate's personal philosophy on and approach to
dealing with minority problems.
While the visit should not be made without the concurrence
of the candidate, ravorable findings sometimes end with an at-
tempt to meet with him in his home town and reach a decision.
A more likely procedure is to invite the First choice for a second
conference and Final a,reement.
The important thing to remember throughout the selection
process, but especially %0en this step is being considered. is to
keep the procedure confidential. This is vital for the applicant as
well as the council. Many councils have lost the best man be-
cause his being under consideration was leaked to his home
town press.
16. 1?'hen Nve have picked our man, then shat?
As su„estcd, the candidate mi?,ltt be invited to a second confer-
ence in order to reach an a?arcement. If his ?k fife has not already
been invited to '111C cith, she shOUILI be included on this occasion
and cspenses of both should be paid. This is the tinge to discuss
conditions of eiilpio%mcnt in detail.
Th:, candidate and the council should not entc:- into `final nc-
got11L1t1On1 t!ntil certain basic terms Of Illt l? ?'nl fill are >cttled.
The po,:ihiiitv:??t an cmplo}mcnt :igrcemcnt should be consid-
lrcd. 1 t11t?!???n2cti[ 1'?rC?filCii[? ,:rC ;1 I'?CC1' ;`%L'0111111CTII !II Illt
city n.ana?_,?2r licld and are usclul to both council and inanager
in pro%iuim, >natcr stabmt% or tenure.
j
i
A Guide for Councils ; 17
If an agreement is considered desirable, the city attorney
should be charged by the council to draw up the agreement to
cover the substantive points concurred on by candidate and
council, and to verify conformance to state constitutional and
statutory provisions.
Once again, a thorough perusal of ICNIA's Employment
Guidelines for Urban Administrators (available from ICNIA) is
recommended to both councils employing new managers and
managers considering a move. This report gives the background
of employment agreements and includes the reasons and ration-
ale for such agreements. A suggested agreement is included, and
the elements of such an agreement Lire outlined. Some of these
elements which a council might well consider are: (1) prelimi-
naries: (2) duties; (3) term of the agreement; (4) termination
notice: ( 5) removal and severance pay: ( 6) salary; (7) hours
of work; (8) automobile: (9) moving e%penses; (10) home sale
and purchase; ( 1 1) dues and subscriptions. ( 12) professional
development, (13) conferences; ( 14) general expenses-. (15)
civic club memberships: ( 16) vacation leave; ( 17) military re-
serve leave; ( 18) sick leave: ( 19) disability insurance; (20)
health insurance; (21 ) life insurance; ( 22) deferred compensa-
tion and retirement programs: (23) other fringe benefits; (24)
general provisions; and f'_S) contract execution provisions.
The essential elements of the agreement should be decided
upon and reduced to an informal -\?ritten draft prior to formal
acceptance of the position. F_;rther mcdin`ations ma% be made
if requested by the respective parties. The signatures of the pro-
spective city manager and he appropriate city representatives
should be regarded as acccrranc Lit the a r ement.
Anv other applicants who, 1a%c not N.,, been notinied should
be informed of the decision now. For those applicants who were
brought in for interview. her„onal letters would be appropriate.
17. 'What do `Ne do in the interim hethseen the appointment and
the actual assu?nptioli of duties by the uew manal-yer.)
?Imo?t ',iitht>ut e? eptit?n.:h: 2 nc,,. appointec will ??.lnt a month
or more to clear up btwinc,> in ills eurt'Lnt position nd to give
hlS t i;lt?l0?.'erS notlcC tit .ierP.lln:ltll?[l.
•
•
Ti- -
18 ' Selecting a Municipal Administrator
If the previous manager has left. the council usually appoints
an interim manager. If this is done, the council should be sure
the acting manager is not given false hopes of becoming the new
manager.
Once the new manager has been appointed, it would be a
good idea, if geographical proximity permits. to invite him to at-
tend council meetings and other important gatherings at city ex-
pense. This would enable him to meet a number of local people
and would also provide an opportunity to house hunt. Even if
the distance is great, one or two trips to the city prior to his as-
sumption of duties might well be justified (especially if the in-
terim period is long).
18. What do we do when lie comes?
The new manager will be eager to become better acquainted
with city personnel and other public officials. and with key
members of the community. While he should be expected to
move ahead on his own, the mayor, city councilmen, and depart-
ment heads should offer to serve as the initial hosts. Opportuni-
ties to involve departmental personnel certainly should not be
overlooked.
An early informal mceuna after the mana zer's arrival \voutd
provide an opportunity for review of city problems and the
council's expectations.
19. Now lone should the «hole process take`'
Considering the time required for initial ,?ublicacion of announce-
ments: the time ia`r between initial publication and receipt of ap-
plications, which is often tour to six weeks: the writing of spe-
cial letters of invitation: the time needed for consolidation and
review of infofmation and for the selection of finalists. it %would
he diliicult to arrange for interviews in !ess than one and a half
or tv.o nn?ntiu. The couiicil \vould ??robably \%isil to space inter-
ic,.v. Lind Candidates normally prcrcr to meet individually with
the Counciltilc; Therefore, a perthd of at lea>t U.Vo ?yeeks should
be planned on for irttcrviews.
Another week or two would he re?luired for further investiga-
tion and final agreement, and, as stated earlier, the new ap-
A Guide for Councils 19
pointee would be expected to give his current employers at least
a month's notice.
The total process. therefore. can be expected to cover three
months or more. Meanwhile. the outgoing manager should con-
tinue to serve at least one month. leaving a period of about two
months to an acting manager.
In order to avoid city losses and program delays, every effort
should be made to complete the process within three or four
months. A small city may find that an appointee who is serving
as an assistant city manager or stuff member can report for duty
on shorter notice than that needed by someone already serving
as a city manager in another community.
As mentioned earlier, when a city first adopts a manager plan
some of the preliminary steps may be taken before the council
that will make the appointment actually takes office.
Dos and don'ts
The following list of "dos and don'ts" for city councils in select-
ing a manager is in the nature of a partial summer., of the mate-
rial in this report.
Do
Survey the city's needs.
Or17anize the selection proccaure in advance.
Move rapidly toward a selection cncc ,thplicatimis are in.
1<cep all candidates informed of thcir,tatu; at all times.
Carefully check references on those CandidatCS judged be,t
qualified.
Scicct a snort list of tilt m?»[ prOtTll,ln" Ctindlcl'.itCS.
Call thCSe candidates for imcl-vievv at WLIT" cite', expense.
y init. iF possible, the citlc, in which the most promising
candidates
SCnd the c:;ndldatc, un?l?r ?t?n,i.l?r,ttion ck,pics your
its, s bud pct. ch ,rt?r. .;nnttal r?hurt. and other hcrtincnt
documents.
cmpcnsC, of c:;]l?l'.cialc, called for 1 scl'i?nd Intervlev?'
tnd Of their wl c, i.
•
?.? ? ? ?z 3^?°". .. F ?--?"+}?s.c'?-'?".Mi..- ?.?!:`+.? ? '?? - - .- .• _ - ."t _ .. - ..... - r?u?x t.v'..Z?r...+?+.'J..i^Y.
20 ' Selecting a titunicipal Administrator
11. Read IC-MA's Employment Guidelines for Urban Adminis-
trators.
12. Be prepared to enter into a formal employment acrreement
with the successful' candidate.
1 Notify all other candidates when the selection has been '
made.
14. Keep all information strictly confidential throughout the
entire recruitment and selection process.
Don't
1. Limit your recruitment and investigation to "home towners"
or to a single candidate.
2. Let the selection process last too long,
Expect to get all necessary information about candidates
from written material.
4. Forget that you are seeking overall management ability. not
technical competence in one specialized held.
5. Release for publication any names or cities of candidates.
6. Overlook in manager candidates the ii-1°d for municipal ad-
ministrative experience and the advantages and value of
colleze or university training. post-degree training. and con-
tinued participation in professional development experi-
ences.
1
X33
4 -
`r
'O'e,
77
E!
3
s
Appendices
f
f
The following appendices are included only to serve as
examples, and to provide supplementary information for the
illustrate procedures that
main text. Some of these appenc ices
have been used in specific jurisdictions but are not necessarily
applicable to all jurisdictions.
•
0
Appendix A
Memo to a mavor re the search for a manager
From Betty Johnson, Councilman, :Minnetonka, Minnesota
Chairman, Manager Selection Comim,.tree
and
I enjoved reading your letter. It's comforting to know that other commu-
nities have the same kind of problems. 1"cure so right-being part of
municipal government is n,2%-er dull.
you've come to a real milestone in your public service career.
Now
Its a big responsibility for :yen' ma}'or and councilman who helps select
their community's manager.
I'm flattered you've asked for my advice. importance
The 'vlinnetonka Council decided this was a task of
great to the future of our growing suburban cite. The mayor appointed a com-
mittee of two councilmen and himself to do some of the basic ground-
work. Since we ',ad just become a city in December, 1969. this was to
be our first manager. And no one on our coun.cii had taken part before
in the process of choosing a cite manager.
We needed to consciously ',,no%% what kind of a manager %%e were
looking for and how to go about getting him. E%en before placing an ad
in the League of Minnesota Municipalities magazine and the Inrerna-
tional City vtanagement association Nei: slerter. %%c read pertinent litera-
ture and consulted some of the experts.
Two very worthwhile publications were obtained from the Interna-
tional City Ntanactement association. Onc is a pamphlet: The S,tecnon
"eprint Of the august, 1965. ivuc of
of a City X1anu,,er. The other is .,
the magazine Public Mana;entenr. This entire issue dealt with the sub-
ject. "Selecting a Manager... I would recomme ;d that }ou order ::hough
copies for all your councii members.
The present and former executive directors of the League of Minne-
sota Municipalities and several hi_h11: retarded men %%hu are now. or
have been. city managers in the T.vin Cities area cave its good advice
m ', e learned somcthim; about how a
and help along the way. From 7:-,-,_'
good manager operates. and Ho- to spot such a man.
As a result of this rese itch. yiinnetonka'> City Council decided it
needed a fairly young man to ':l with a good back2round who
would work smell with both the council and the puhlic. \%e tclt that his
approach to the job was ethic important. He should be able to ohtain
,Ldf 1nsvlvement and support nd huge a team eilort in administering
the affairs of the city. Innovution, imagmatiun, and creativity, as ',\eil :s
objcctivitc and nonpartisanship. were .,!so important.
In addition to those _cnerai qualities. %?e ??anted a man trained and
C\pcricnccd in solving the pro iems ut :, gro%tiin_ suburban communit%
in a metropolitan area.
:mother cunununity that; had st::bi!ized. or was not part ut an urban
complex, or %?as far el nuustriai !r,aher than residenti.tl. .ts is Minne-
24 ! Selecting a _Nfunicipal Administrator
tonka). or was in need of revitalization would look for a manager with
other special qualifications.
To attract Minnetonka's ideal manager. a flexible salarv tar-et of
"$20.000 and up" was set, with final determination up to the council.
This was about the range for other Twin Cities communities of our size.
If the man we thought we needed and wanted would not come for
S20.000, the council might then decide to offer more.
As a result of recommendations from several sources. a few possible
candidates were asked if they would be interested in submitting applica-
tions to be considered along with those received as a result of the ad.
Almost 40 answers were received after placement of the ad. An imme-
diate personal acknowledging letter was sent to each applicant. It said
that all names would be kept confidential and not be made public, that
all interview expenses would be paid, and that we hoped to make the
final selection by summer. 'VVe thanked them for their interest in the po-
sition, and, in most cases, asked for more information or references.
This was the first of several communications with the applicants.
Enclosed with this first letter was a copy of our charter, the thre•
lage newsletters printed the previous %ear. information about assessed
valuation and budget. and a mimeographed summary of Minnetonka and
its government. A standard application form was sent to those who had
not submitted one.
About eight weeks after appearance of the ad, the committee evalu-
ated the applications and screened them down to ten or twelve men who
eemed to best meet the qualifications we had set. Letters tyere sent to
ipplicants tellin; them that: either thev were still being considered and
ve %vould like to receive samples of their work (budgets, annual reports,
tudics and reports, agendas, newsletters, clippings, etc.), or they were
to longer under consideration and we wished them well in their profes-
ion.
Letters were also sent to all references given by those still under con-
ideration. In addition. the elecutive directors of other state municipal
:agues were asked for evaluations of men %? ho had worked in their
`ate. The letters to rererences anti municipal !cagucs included intorma-
on about Minnetonka :ind our idea listic list of the [Ualitic:t[ionS and
bilities we were seeking.
The replies to these letters. most or them written and a few te.re-
honed, were of ;rent help in getting to know our candidates better.
All the information about the anplic ants stiff[ under consideration was
.tphcated Loci contdential council sttu{y. The eliminated applicants were
immarizcd so the council kne%r %yho had applied for the job.
At this point, we asked :i tormer T%?in Cities area City Mi ina_*er. %%ho
id the respect of the city euun,:J ::nd knc\% Atinnctonka, to ,act :is a
insultunt :ind it in on the neat eya]u,iiion step and the intervie%. s \?ith
ndidaic?. The entire city council p,irticipatcd in narro%%ine the list to
c names.
I_ctters ,vcu :i,,:iin cnt both t,) those remaining and to those remoam further consideration. Ml iterials were sent back to those v?ho
minated.
All six remaining candidates were interviewed in a single weekend, in
order to make comparison easier. The entire city council and consultant
were present for all interviews and the evaluation session afterward.
Invitations and appointments for interviews were made by telephone.
Each interview was scheduled for about two hours' length. with at least
a half hour in between. One interview took place Friday evening, three
on Saturday, and two on Sunday, with evaluation later Sunday after-
noon.
Arrangements for lodging in a nearby motel and transportation to the
Twin Cities were made by either the candidate or the committee chair-
man. Since four of the six men lived in nearby states, the cost for the
weekend did not seem excessive for the results obtained.
The letters of confirmation of arrangements and time of interview also
included a map of the metropolitan area. marked to Let the candidates
to Minnetonka without getting lost. Either at the motel or by mail, each
man also received marked maps of Minnetonka showing highlights of the
community and a copy of the budget and annual report,
Transportation while in the area was up to the individual. Some drove
their own cars, sonic rented cars. others requested pick-up and guide
service. The guides were not councilmen, but men closeiy associated with
Minnetonka ?,overnment and knowied,_,eable about the area. One was
chairman of the Park Board, another wus a consulting em_ineer.
It ,cas a strenuous weekend, but worth doing that wav. By using a uni-
form evaluation sheet. each councilman compared candidates on such
traits as appearance, friendliness. poise and stability, general personality,
conversational and speaking abilitc, alertness about the generat work
field, drive or incentive, experience, tact and diplomacy, sense of humor
and the o%cr-all impression. Generally, each councitinan used his 0«n
system of "grading." usualk frorn 1 (excellent) to 4 snot so ,oodl and
tractions in between. A list of standard questions ??e %?anted to ask all
candidates %?as drawn up ahead Ot time. .pith o',tr manager consultant
askim, sonic we didn't think of.
Aft:;r the cvaluation session, each .andidmc xiis intormcd by mail of
his status. Thrce men emerged is ;tron_ contenders for the position, so a
comnmttee of three euuncii:ncn a, a>;igned tit %mt their respec[ive cit-
ies and gain afore iniormation iibenu e,ich mans cahahilitics. Ae?cspaper
tiles, observation, concrsitions %. ith Cli;inibcr of COtnnlcrce otiicials,
community leaders. and _o?crnmcnt Icadcrs..is wcil is i personal call on
the candidate in his oilice. Helped to complete the picture.
t:ach committee nicnihcr made hi; 0%%n e%,IlLiatioii and all three a-reed
on "r.c o" !hc candidates uho '%,t, rcrunu icnded t0 the cnu:e :0uncil.
11,; \%:u un:tnimoua, aprm :nd .ukcd to cc0inc NhnhetOnka's City
ylanauer. That candidate imnte,ii:uel% tcccptcd the offer.
hi ,.urur.;ui: .y&-fice ^re;?ara:'.,n ,wiped the „uutcil make a sound
,fecuion based on many ( tars that acre .ell thou_iu out. In this %kay,
c::ndidi i(C %\ith ho??er(;il pcn?ui,ti?[? couidh t )hh[cnitc c,r,;idcration
,;ualiti?s.
of Other lnw0r[:1111
{,,ping a cununittcu d0 nu:ch Ot the ground?vOrk .corked :cell Tae
A Guide for Councils
•
26 Selecting a :Municipal Administrator
entire council ccas kept informed at every step of the way,
bers were involtas in the final staves of selection.
The time and ail me;
period from ad publication to final selection was kept
short as possible to prevent the loss of g
geared on March 1. The offer ood candidates. The ad
applying for one job of a job was made about June 1firs???
would be frustrati?;` usually also apply for several other
cepted another to have a strong
process. candidate, then find openings.
;ob the week before because of delays in out he ac
Candidates were the selectio; L
favorahly impressed by the prompt replies to all correspondence, literature courtesies shown them
was designed to sell Minnetonka as a challenging provided for them Fha?
and keeping them inform place to be manaer
b
,
`?Ve reg o the n?ed about their status in the selection process.
candidate had to show'`r'earch as a two-in
us he «ould be the one proposition. manager
stage of our muni etonka at this
eiaal d v for l?finn
this was the e elopment, and we had to show
community he would want to w the candidate
I hope this rather Ion, epistle "ill ork for. you and your council. ?Ve wish You every sduccess??y worthwhile ideas for
Sincereiv, 0
Betty Johnson
Minnetonka City
Councilwoman .?tanagFrom Mi-7e.So(a Altrlticipa/i1ie5 (March cr SeleetlOn Committee
Reprinted with the permission of theL ague of Minnesota Nfunicipalities.
•
Appendix B
Ridgewood found a village manager
By Herbert H. Bennett, Jr., Nlciyor
The search for a mana,2er of the
V illaee of Ridgewood r? w Jersey?
had its roots in June. 1969• when
voters approved a change in the
form of their local government.
Ridgewood's commission form was
changed to council-manager Form
B of the Faulkner Act.
tinder the commission form.
Rid,ewood was ?oVerned by five
commissioners ejected at large on
a nonpartisan ballot. Under tae
new form, effective Jul.,- 1. 1970,
the V iliac voters elect l" e Co t san
men at large on a
ballot for tour-year sta„ered terms'
The councilmen then select one
from among them to serve as
mayor. The mayor and council
function as a purely legislative body
and they appoint a mana,er to
administer operations.
Rid,ewood, an affluent residen-
tial comrrtunit% in Bergen Count '.
is composed largejV of single family
rost
d\ce!lings housing Its _s,ooo
dents. A vcrv acti e du nto n
shohpin, district san'cs surround
in.l communities.
Transition
To facilitate the transition to the
new form of .,overnment, the Out-
going commissioners retained Dr.
William ylillar of Princeton to be-
gin formulation of a new adminis-
trative code.
In a turther effort to assist the
new council. the commissioners ad-
vertised fOr M, _Ier applicants in
professional journals. First adver-
tisements a-peared in February.
By the middle of March o'er sixty
applicatiora were received.
Search ser,ice
kfter screening the applications,
the commissioners conc'.u.ied that
none of the :applicants had the
qualities the` Eclt were needed to
trtakc Ri.i,e%?uod-s ne?v Corm a sac
cess dltfeCent apeCoach was
nccessar\. The commissioners de
cided that the best mana,er can-
didates %tcre not seeking new
positions and the t the\ %\ould have
to acticcjv seek out candidates.
This is the method conu11"iv used
it large private firms in the re-
cruitnlcnt ut key' esectttivcs.
The conullissioners •nvit d sc?'-
cral c\ecutiw ,e arch firms to sub-
tllit for the mana`,er
.carch. 011 April Y. t'nc selected
S% ncctics fur [hc :;ssi,nntent. S neo-
tics i, Trenton-basc,i cunsujting
hr;7l .hcclalicin, in ur;?atl and
crnmrtlt_;i .tliairs.
\lan:tl cr }rt:1lifieatiuns
Lt c:;rl disct;,siuns "t ith the com-
nn„loner,, ii ??,IS ,;cclded lh:;t .ill
})V)Itc,;l',h A01111 to meet
r?I:Itnc? jl?,h ,land;tf?t?, ?[ U [lt'd'
The timetable for change &d ni)t
leak much time for the new_-coun-
cil f > do the nntn? c scntiai ,tops
ncccssarv to put the new form into
ct{ect. Elections "cre hc!d on
l and unl? unc ?,f the fourteen
Call,fida[CS rCCei`.ed tjlC
unity The nc.\t highest eight
,:,uldldatcs 1:111 111, t runrif It)r the
cmainin,_ irur ,c:, n June
l ?\?Ch, f`cl?tfC t.'1C'?lieell?C
Uit tU t
?i.lle U( the Ilc?.a '.?Im of cU?rrc-
Illen C.
C,?:Ir\' :J II II?iC r,tanli :Ilat 1%i _V.
28 ' Selecting, a Municipal administrator
a ?+wwcMr-??f?.
?;god supplies a wide range of ned applicants. Potential applicants
nulnicipai services at a hi_h level
were contacted by the consultant to
of quality. There are -60 fullti
me
employees, paid police and fire
de
a determine their availability and in-
terest
p
rtments, a sewer s}stem. two
libraries, a parking utility and a .
On ?4av 21
Synectics presented
water plant that also
'serves three the names of eight candidates that
surrounding towns. Th municipal
bud
i stet our qualifications. Later, two
mor
eet
s Si.; million.
plicants were
e at) added.
3lanager qualifications set were: ;`Bv this date. one councilman
s elected
Undergraduate and graduate and eight candidates
Were running for the remainin
green in public administrat on or
related fields: g
four council seats on June 1 6. In
the interest of saving
i
Currently
holdir, responsible t
me, it was
agreed that the councilman-elect
a
d
positions in local government ad-
ministration; n
the eight council candidates
would begin immediately the inter-
Highly regarded
by their col-
leagues in the cit view process.
(Each interview wa
) h
e
management
profession: s
eld around
a conterencz
table at viilage H.
i
h
Demonstrated rec
ores of acco w
t
the consultant present. >_o
m-
plishment in city management ntervie.v began he °iving the app,
`
,
History of stahle employment in
'he
the local cant a
of Rid-minute
includi
government field. ng its
history,
present
In view or the high set of re-
quirements. the short supply of
qualified managers. the recent rise
of manager salaries throu,,hout the
count,v. and the relatively hi ,,,h
cost of housing in Rid'>ewood, the
consultant recommended that a
beginning salarv of S25.0oo to
S30,0oo he set. The commissioners.
Ind stlhsegtlCntly the new council-
men, agreed. And the search began.'
S(mrch approach
The S? ncctics tirm ?earchcd t)r
candidates thro_i,hout the man-
ul er licld. Colleec and universities
hat [rain cite minagers .v re re-
quested TO supply names of _radu-
ates a ho n ct `
the yualific.In??n<.
Profe"ion.Il ??r_'aniz.t[ion,. ,uch .i,?
the Intcrnation:Il (its .Nf;ma?,en ?
tent
\?SOCianort. sere ?nli?re?l
?C:IrCn, H-: ti. :hl
tt\ I11a n;I?erS VI ere
c r. t;, ctril t,, ,I:nni n:une? ,Ir uU;Ili-
Composition and descrip-
tion of its Q?otiar nntzntal operations.
Questioning of the applicant usually
took an hour. at ter which the ap-
plicant was invited to ask questions.
8 cause oP travel time required,
most intcrvie?.cs took place ,n Sat-
urdays. After the runoff election of
June 16, inrervieu Isere conducted
by the five councilmen-elect.
Of the ten candidates intcr-
viewcd. the council focused its
nterest on, tour applicants. These
four %\ ere insiced to return to
Riil2cu; .d «ith their ttij%es. Dur-
ing this s.crnd ? isit (each applicant
and his cifel "Qre entcrtuine,l at
111 -% home f?tr lunch or dinner to-
?,ether \? ith [he councilmen and
their \ki%et, -File 'Aonten t.?ok the
applicant , % Itc on :I tiiUr ()t R;d^e-
od lle the C0LInC;I relnlCr-
e"ed the nl,:n:;ecr e;Indid;lte.
Rack, r,)und, of the tlwr final
er. eCkell 'n [hz .?
1
l
- 'I
consultant and council members.
This verification included contacts
with officials. businessmen and resi-
dents in communities served.
less to say, these contacts were
made discreetly.
on July 19 we reached unani-
mous agreement on the appoint-
ment of John A. Paulus. NIr.
Paulus has served the last ten
years as city manager of Rye. New
York. A suburban residential com-
munity of 16.OOo residents in
Westchester County, Rye in many
respects is similar to Ridp.-ood.
The fact that Mr. Paulus .vas the
first city manager of Rye '.,eighc'd
in his election to become our brat
mana per.
He is a graduate of the Cni-
versuv of Pittsburgh and received
a tifaster of Governmental A i-
ministration degree from the Fels
Institute of Local and State Gov-
ernment of the lini%ersity of Penn-
sylvania. From 19-+9 to 195' he
was the assistant manager of Mount
Lebanon, Pennsylvania. From !953
to 19()o he served as township
manager of `fount Lebanon.
Mr. i'aulus is an active ic''Cr in
the city manager field. He is cur-
rently serving as vice president of
the International City ytanacntent
Assoc!_ttion. He is a [ormer pre,i-
tlent of the C.:t% Managers :\-0 -
ation of New' York State, and of
the \bcstche,tcr Municipal Ailnlin-
istrators' As,ociation.
ObserNations
`.ly coilca'Lics and I yic'.v the Clec-
'I011 Jf Rtd_c%tocu s Ifrit ..'.'.tn-
a?Cr ;u one of the [,lost important
tCt';lt> Lit .`tiieC. A\C ICCI ti?at JtIC
tc!I',?
A Guide for Councils 29
nation of training, experience and
temperament to maize our new
form of viilage government work.
The advantages of the method
we used can be summarized as fol-
lows:
The time spent by the mayor and
council was used effectively be-
cause the consultant handled the
necessary details such as advertis-
ing, arranging interview times. pre-
paring descriptive information about
the community and its government,
processing applicants' expenses, and
checking apolicants' baclgrounds.
The consultant was able to
screen applicants and limit inter-
s ie%e s to candidates who met our
qualifications. As a result, council
and applicants were spared the time
and cost of unproductive discus-
sions.
The caliber of persons inter
viewed. and the interview process
tself %%,is such that my colleagues
and 1 `gained Valuable information
and insights of the council-manager
system from each interview.
It `\.!S Useful to establish quali-
ricatton, that each candidate should
meet. Attcr the qualifications were
formulated, we rcyiewed current
surevs of ntanager,alarics in NCw
Jersey and throughout the Country
which wCrC useful in >ctting a real
,uC r::nec !or our search.
PCrh,tp, most important. the con-
sultant %?a, ..b!e to !oCale Out-
Stand-in" presenti%
CnlpiucCUl ;tnd were not !n the lob
;narkCt >CCking a nCw position. Our
eVpe".eneC vein C?r?Cd ?l llr bClief
hat htC , C,t fifer, _er .ar
'•?uUd as :10[ xeking 'a Ch:1nSC;
\\c rlt'l to peek him.
\t>??cttlI,t:r 1970). -
R?pr,n c.l th the icrmi,sion of the
E
f
Y -
.
appendix C
A county hoard employs its first c
ounty administrator
u , In the face of plans for construction of a nz.v
system and the need to Plan th
county dis
w
se
a
ge
o
p
s:
e roiect in
county, combined Liith problems of financ ai`oooedinto
ties i th
tive official
n
of
e
ve
o
s
s, the Board of Countv Supervisors uske?
Michigan, took steps to
of
?i on C
ounty
create the otFce of County
Ad
")Point a professional(v z.eperienced mana
ministrator and tc
St
g
ate law provided for an optional alant`to e position.
County administrat
a
or. but the Board Of Supervisors
dec dedninstead to
expand the role of the appointive County C
cum b
- ontroi;er.
Fo
rtunately, the In-
due
ent controller was due to retire and so a timely
change presented its
op
lf
e
.
portunity for the
On advice of a v
oung city
aided to invit h manager in the county. thSu e,,,
e the retiring the p so e
director;
f
ti
.
` o
t«
o
n programs r O ttni\erstty p
ublic adm
to serve as consult
t-
y>
=
>k? ants. Bt
-_rt n
was added-art e?-city manager who %gas :er?_ tent a °hird cons r t
pa. research
in
-
di
;?{ _
-?ency.
s
_
rector of a munici-
The Board
t
O
Supervisors held three short meerinas
tants: a firs: at which the consultati
rth the
consul-
on
arrang
agreed upon: a second at wht ement `gas discussed and
statement of i
ch the SttPervisors ad
t
` n
ent
opted a proposed
statement below :or emplovntent of a Count, .'dministr-tor (s
and a third at
h
.
ee
w
Wien iewed.
ich candidates
, or the
position we
re
in the interval between the first and second nt.e,
gust), the consulta
t
an
t
n
s dratted
alay t
gs
a statement of policy nd Au-
ing the Board. after makin
the august
mi
?- g
meet-
nor changes in the on
ado tad the foilow,ng consultants' proposal.
p st.atzntent establishing
istrator
and
th
fi
e of
r
ce of County -
outlining the policies regardin
Admin
g t
s follcros:
" The Board of Supervisors of y(uske`
agrees to cstahiish in Orlicz °n County. .tifict;i`.an
herehv
of Count.' Adni
ntent t
i
_ in
o
s
maintain the follocc in,, tratrr, and cIcclare
5 Policies re-Li riin g their
their relationshi
."
r
- ps with hint.
!s responsihil;t.l1 and
4=
- -
= 1. General duties and responsihiiities of the County
be. a
dou
nutrator shall
a) To serve as County CuntFOll
i er ;md cxcrcise all Pow ers and ft
bons assincd to that ?,tlicc by ,
nc-
SLIrc' 1
h T
.
-
o pip tr the ?.
annual ,ud«ct and -vital nro,'r.!nt for ;uhmis
to the Rog -
ri of Su
erv
i
p
i.,
s
on
and coAntin tincti and t , ci reel .:n., e
and contn?' sat Ise r?tc .c-
ons nc
;> ccss,tn to nsure contpii,rnce
pith the budget as ;,u0l,tcd by the Bu;
trd.
To san
: e as th
c chic! PrOtc.,io?nai .ld? i;ur to the
t in •cc.ir a Bo:.rd. and to IS_
technical
scr% ccs
:,nd ^rrtcs,
;r, r,cc;icd un;l c-,n,urtr
.ii (c. t,i;rF:c goat
tort, ;,.;
[3u;rr
l
_ .
may rcyui,c. cane ruing doer-
guns ut C_1iutt, crn
- ent. ,md to ,rc
^., c pi anu
A Guide for Councils 31
,rants for the Boards consideration in anticipation of future
needs and services.
e) To supervise and direct all Count,,- aL>.-ncies and personnel under
the jurisdiction of the Board of Supervisors.
f) To serve as a representative of the Board of Supervisors in com-
munications with autonomous County omcers and boards and
with agencies of other federal. state, and local governmental
aeencies.
3. In order that the Administrator may exercise etiectively the general
duties and responsibilities listed in Part 1. the Board of Supervisors
will:
a) Provide that he shall attend ail meetings of the Board (except
when his own position and salary are to be discussed), and that
he may participate in discussion of matters before the Board, but
without a vote.
b) Direct all committees under jurisdiction of the Board to notify
the Administrator of their meetings and to invite him to attend
and participate in committee discussions.
c) Assign to him the duty of cooperating `•%ith the County Clerk in
the preparation of the agenda for mee[ings of the Board and of
seeing that its members echo .vish to ha%e matters placed on the
acenda submit their requests to him in :1,i%ance.
d) Avoid the deic'_ation or issi?,2nment of administrative functions to
individual members of the Board or to emplovees or officials
placed under the direction of the Administrator.
e) Adopt uniform personnel pohcies to be appiied by the Adminis-
trator, and either delegate powers of appointment, promotion, or
removal of subordinate personnel to hini, or act on such matters
only after hearing his recommendations.
3. To promote the coordination of all act;% ities of the County, the
Board of Supervisors will:
u) Invite statutory boards and conimitte s to dCsignate the County
administrator as their idniini,trati%c o,liccr. or othcu%%isc to work
in close cooperation %yith his otrica.
bl Encourage indcpendcn[ly CICCtC Cotuity otli,:;als to coordina to
their %%ork %%ith that of the CJurtty administrator and to meet
with him periodically for the :onsidcr.:lion of County proerams
and plans.
c) Invite other local units: of iovcrn[nent m the County to cooper ate
%?ith the administreuoc throu_h the tablishmCnt of iioint confcr-
cncc commit[ccs, coordinated procCurCS, and other :rrangCmcnts
that mad. be Cs[ablishcd.
_n
T':C .\:.nun[stratOr `.gill i`c C?:p'.:ctC?: in tar: [o:
(: 1 ?ti UI n `.,. [tit flit: &mrd of ?Ul'C r? ?Or? ..i a ?If'r_!e bOCly, C\.'?^t In>??_
Board mav,d[r?ct mint %kith commiuc,:s or st.tt-
'sue;';
32 SeIectina a Municipal Administrator
b) Keep the Board full,, advised Of t
future needs of the County, and he financial condition an,,
concerning the affairs of the County maas he kedeeSuch a recommendation
0 Recognize at all times that he is accountable to pp priate.
Su-
pervisors tor 'the Administration he Board of for his conduct as a responsible public Prlcals and Programs, and
Meanwhile, the 15-member Count" B
subcommittee, and the decision was made todphad created asix-member CiZe lCtitA :Vestslerrer. However, the committee also askedtthe?onIl-
stu( in t to
suggest names of managers who might be invited e" w the applicat;
aPpl%, and later to
vie%« S. ions and submit a short list to be invited for i
At least one applicant visited the county on m r_
of
fe,? the Board members showed his own initiative, and a
A' applications were received by the cot in his qualifications.
for%'arded to the consultants, le September rhmittee lh irman[thte C
oerewer
the applications and decided upon six candidates to submit to
Board for interviews. Difficulties of travel to Jluskeg
mitments on the ee °n and other.
part of the consultants made
Interviews on one dav_ it n
the first Sunda" in essarv to arrang all
?
horsswere interviewed in a rather unusuaiOctober-,
a result, rive can-
short span of sis hours. betueen airplane schedPid-ijP
re process during the
Following e
a short meeting of the committee
members and the consul-
tants for the purpose of decidinuon procedure and some ket
tions to be asked. inuividual intervi'ews'
During ques-
??ere held.
the mdi?idual interviews, the key questions asked of each
candidate were:
1. Why did you appl" for this position°
Whit do % o
t think you
COunty can contribute to
government?
s the improvement of this
3. Ho%v
elected would }oti
ell c\pect to secure the cooperation of inderendentl,.
ect County t,JlIc,uls? ?-A ,peCfnc example of :t problem `,? used.]
'C- A\h-it conditions " outd voU set a Cur acce?
s
offered'? P rnn, the appointment if
The entire croup met toecther fur lunch, during
discussions wcr informal. "C Cr " er which
mittec thole the
member l,ut the rab' ` tn•crspcrsed among t'
on s relati vl', e;nc ras so arranged ritai the gcncr:l di. us
Aftcr Al interview
ntlt,utts s `acre completed. the sel
ain stet hr,e11v e-tr,)ns committee
rnl decided ul,on the ore.e +, ao? c?tn-
nt i he pre?enred t,? t r of rccontnt
he cn.irc C?mmt?' Guard. ':? cnda-
.,?ct :i[ three ;?Cement On IhC ftht Choice w"s e:ullti' Cd to
tit tl1e eo1llTl ttcc hl,,! ?Icci?te,t t;. Ic[
crt[!rc bo,ud !„ meet hr!cii"'
uaue now cfore the !
n. A.'?r"Ic'4`"Jon, t , UaUOnS eat:
d l..- i,le' tame cl Id t
??ne the e?1 P.l ntlfiee the ?,:,:o nd IllCe
eharrrttan. :lt t d ;LS,??., wa
<
he cruse of [ills mccttng each Can-
A Guide for Councils 33
didate ,vas advised that he would receive word of the decision within a
week: but the first and second choices were asked to stay for further in-
terviews.
After the short interviews the committee chairman informed the Board
of the committee's order of recommendation. The suggestion had pre-
viously been made that each member of the Board note the order of his
choices; and again there was virtually unanimous agreement on the first
choice and substantial agreement on the second.
The second interview, which dealt primarily with conditions of em-
ployment and probable salary, lasted about 30 minutes for each of the
two candidates. The plane schedule made it necessary for the consultants
and the candidates to leave immediately after the last interviews; but the
Board remained in session.
On the next day choice number one received a formal offer, and
within a week he and his wife returned to Muskegon and closed the
agreement to become the County's first Controller-Administrator.
Prepared by Edwin O. Stene.
1s?r _
Appendix D
Sugbestions for manager recruitment by an executive search firm
Selecting the assignntenr. We refuse about as many search assignments as
we accept. The chief reason we turn down a search request is our feeling
(buttressed by our knowledge of local conditions) that the position is
not a good mana-er or administrator post. There are a wide range of
factors for this kind of situation. As a private consulting firm we are in
a position to turn these down.
Setting the ;round ):ides. The first step is "educating" the council in
how to conduct the search. Some elements are:
1. Setting qualifications: education, experience, age, etc.
2. Determining salary and fringe benefits. Our knowledge of current
practice and conditions is helpful in this area.
3. .Agreeing on conditions of employment: contract. termination of em
ployment, use of automobile, conference attendance, moving ex-
penses, etc.
4. Handling applications. We insist that all applicants answering
write directly to the council. We feel that is preferable to applying to
the consultant. It also eliminates any suspicion that we are "hiding"
or diverting applications. We also learned (through experience) that
it is more reliable if we acknowledge all applications.
5. Attending interviews. We impress upon the council members the im-
portance of their attendance at ail interviews. We do all we can to
set reasonable times for the interviews to the convenience of council
and the candidate.
6. Puhiicizing the search. We insist that the names of all applicants be
kept in strictest confidence during the process. Upon offer and ac-
ceptance, only the name of the successful applicant is given to the
media.
a 4dvertisinq. We always list the position in the IC,if { Xe rs[erre r.
I ,l
Usually we li
t i
i
h
s
t
n t
e American Society for Public ,Administration's
:ISPA Recruiter. the respecti\e leagues of munici
aliti
p
es ma--azmes. and
the resnective associations of managers and administrators newsletters
.
We also make personal contacts and ask specific individuals to appl
I
y.
n many cases: the best man for the particular job has to be searched out
- and cunvmcedthat the new position is a wise career move
.
The search approach also puts the candidate in a good stance ? i
a
i
-v
s-
s
the interviewing council for the tollowi
ng reasons:
I. The interview hecumes a t%?o-way process. N'ut only does the candi-
date sell himself to the council, but the council must convince the
candidate v( the suitabili
ty Or the community and the position.
'_• The candi?,itc conducts hinirlf in a more relaxed fa..shwn
He
'idn't
_ _ .
?
apple for ibe oh: he is content where he is and is not under
prasu=
to make a chi<gc.
n
t
F
A Guide for Councils 35
Screening. It is common for a council to interview 25 to 50 candi-
dates. In a search process. ,?c retcr a maximum of 10 candidates for in-
terview. The averaee is seen. If the council interviews more than 10, we
are not doing our job of screcnine.
Background. We prepare back round material on the community.
Items we use are:
Annual bud,.zets
Annual reports
Master plans
Charter and relevant ordinances
Charter studies.
We send this material to applicants in advance of the interview. Also,
we conduct a two-hour tour of the community before the interview. We
find that these efforts make for a more worthwhile interview.
Interviews. Our representative attends all interviews between the appli-
cant and the council. Generaily, he says nothing unless the interview
needs some direction.
Interviews are scheduied so that the council sees no more than two
applicants in one evening or three candidates on a Saturday session.
We allot an hour for the interview and 30 minutes for discussion im-
mediately following. We ;ind the 30-minute review is useful for the
council members to "fix" the applicant in their memory system. Without
the 30-minute review, they tend to lose the picture of each applicant
after they have interviewed six or seven.
After the first round of inter: iews we have the council narrow the
field to their two or three top choices. We then have the candidate re-
turn for a more intensive inter ie,.v. This time we invite him to bring his
wife alone.
The mayor and one or two councilmen and their wives take the candi-
date and his wifc to dinner. After dinner, the wives zo on a tour of the
communin and to one of the councilmen's homes.
During the second interview the council and applicant begin discussing
questions that were raised .u the ^rst interview. They usually end up dis-
cussing conditions of employment, a%ailahility to begin work, etc.
:Nego(iations. In many cases ??e act is the intermediarv in arrivine at
salary and other orkin_ ,)nd;iion agrccnicros. Eliminating face-to-t.!ce
discussion between councii :nd applicants over such matters :voids sonic
emharrassment on hoth sides.
References. After the council decides on the appointee but hCtOre 'the
appointment is niaide. %. e cher-,k on the individual's background. This in-
cludcs veritication of educational attainments with pertinent institutions.
We also (ulonc or %%ith :ounc!lman) spend a day in the applicant's
pr_,Cnt c; mnttnitt heck.n_ arh, Pcoric we sclrct: local h::nkers. news-
pahcr publishers. pre,cnt ind tortucr members of council, NP)MCs,M11:n,
conununtr: lc idea. etc.
In ;lddition, we :hcck w i[h, man.:,crs in the area and with others who
know of his pertormancc ;,i prior Ilea[ one.
Prepare, by an executive e::;ctr tit?'.
usr.? -'
0-
Appendix E
Lawrence seeks manager with professional degree
The fourth city manager of Lawrence, Kansas, assumed his duties in
January of 1970. The first three vacancies were published in the ICjW,4
Ne slerrer. but in all four cases the new manager had been personally
invited to apply. The first two managers had made favorable records in
smaller cities of Kansas, and the third was a former Lawrence assistant
city manager who had been considered a top candidate from the day his
predecessor resigned.
The fourth manager was less of a predetermined "natural choice." Ev-
idence of conrlict among different elements of the city population had
been growing, and at the same time available funds for local programs
were tightening. Plans for intergovernmental cooperation were under
way, as was reflected in the establishment of a joint city-county planr
commission. The city commissioners felt that the personal qualuicat?
of the next city manaer would be especially important.
On the advice of the outgoing city manager. the city commission de-
cided to seek the services of a local university professor of public admin-
istration, and also to appoint an advisory committee to screen candidates.
The commissioners agreed that candidates should be sought out and in-
vited to suhmit statements of their qualifications. A graduate degree in
public administration or equivalent training and experience was specided,
and preference was to be given to managers with experience in n:idwest_
ern cities. `
A list of persons to he invited to serve on the screening committee
was agreed upon, „ith the consultant to serve as chairman and one city
commissioner to sere as liaison with the Liovernin, body. The invited
committee members «ere the president of the local school board, the
chairman of the hoani of county commissioners, the president of the
local chamber of commerce, a vice chancellor of the University of Kan-
sas. and a former mayor of the city. All accepted the imitation
to serve.
Shortly after the initial action uas taken the consultant attended an
annual conference or the International Ci,,. Management Assoc adorn, and
[OOk the U )OrtUnIR+- f') .
pl discuss the opening %%uh a number of pro <pec-
tive candidates He u1,0 prepared a list of persons ;e ho met the eligibility
specitications: a masters degree in public administration and bye tears
of experience in' urhnn ntana,entent. including at le;tst two >ears in his
current con. Alihou,h the vacancy was not puhlicized in the 1(-%[,4
Vc'w.y(cttc'r. a rein '..inlmltcd lirplications \%ere rCCcivcd from man; C::rs
and others who icarnc,l ,,f the y:icancY thmu_h nc?-p,q)er reports of the
incumbent managers rc?f_nation.
AhOUt thirt% application" vere rccei%ed. r??cnty-flse of them on in?lt,l-
tiuo. l-hc comtrit uu pr?nared sununaries of the intormation and
,i rihu-
lation ,hest for di,trihunon to ntcmhcrs of the selections contrttittee. ThL*
cOntnuttec .._reed upon rclatiwly hi?_,h ,t.ind,ud. ,?;re;refv ,u?cestcd, in-
ciudin, nt:utcr ; du,rc i considered especially important in a unnersity
1
A Guide for Councils 37
community), mana_crial e\peri_ncc in v o or more cities, and current
service in a citV or 15.000 or larger. as well as positive evidence of
achievement and development. As a result, the selection of six finalists
was relatively simple.
The committee also decided to conduct the interviews on a single day,
if possible. Five candidates were interviewed on a Friday, and the sixth
came on the following %Iondav. Three rooms were engaged at a local
motel, and the candidates were interviewed individually by one or two
committee members at a time. All of the Friday group met with the
committee at lunch, and in the evenin> they (and wives who accompa-
nied two of them) dined with the city commissioners.:-\fter dinner a few
of the commissioners met individually with candidates. The same pattern
was followed with the single candidate on Monday.
On 'Wednesday the screening committee met to discuss the candidates,
and decided to submit three names without indicating any order of pref-
erence. Since one of the three (the Monday interviewee) withdrew on
the day the report was submitted by the committee chairman, the city
commission had only two candidates from which to choose '(although
some suggested that the third might be induced to reconsider). The com-
mission quickly agreed upon its own order of preference, and decided
that evening on a visit to Sioux C;tv, Iowa. The visit confirmed their in-
terest, and the tirst choice accepted their otter; consequently no further
investigations were necessarv.
Prepared by Edwin 0. Stene.
CITY OF RICHFIELD, MINNESOTA
Office of City Manager
Council Letter No. 163
Agenda May 9, 1983
The Honorable Mayor
and
Members of the City Council
City of Richfield
Council Members:
Subject: Gambling License Application for Richfield
Intermediate School
On April 26, 1983, Mr. Robert Nelson submitted an application
for a gambling license to conduct a raffle on behalf of the Rich-
field Intermediate School. The purpose of the raffle is to raise
funds to defer the cost of conducting a summer school program
that has suffered budget cutbacks. This is the fourth year the
Richfield Intermediate School has applied for a raffle license.
Every year the school has made application for this activity
they have requested the fee be waived and the city council has
granted this waiver for both the license fee and the gambling
bond.
Mr. Robert Nelson, Mr. Dennis Davis and Mr. Robert Birkard
are members of the Summer School Committee and are responsible
for submitting the application for this gambling license. Mr.
Birkard will again serve as the designated gambling manager.
Crfminal history investigations were conducted and none of these
cfmmittee members have any known criminal record.
There is a timing problem with regard to this request which
the council should understand as a part of their consideration
of this matter. Minnesota State Statute 349.26 (subd. 8), states
the following:
"A local governing body shall act on a license application
within 130 days from the date ofapplication, but shall
not issue a license until at least 30 days after the date
of application."
Additionally, our city ordinance code 5.19 (subd. 7) states:
"The council may not act on the application until at
least 30 days after it has been submitted in complete
form."
Council Letter No. 163 -2- May 9, 1983
As previously noted, the application was received by the
city on April 26, 1983. However, authorization to submit
the application was granted by the school administration on
April 6, 1983. Apparently there was simply a delay in the
formal filing of the application document for licensure with
the city. The dates of the planned raffle have already been
established to run from.May 9, 1983 through June 3, 1983, to
enable the raffle process to be completed prior to the termin-
ation of the current school year.
In order to accomodate the request of the schools to license
this raffle activity, the council could, under the particular
circumstances of this situation, find that the date of April 6,
1983, when the raffle was formally authorized by the school
administration, is also the date of the application. If the
council chooses to make this finding, the application would
essentially meet the timing requirements of both the state
statute and our local ordinance code provisions. The council
could then appropriately take whatever action they may so choose
with regard to the raffle license application itself.
Respectfully submitted,
b?
Karl Nollenberger
City Manager
KN/eja
•
LJ
CITY OF RICHFIELD, MINNESOTA
Office of City Manager
Council Letter No. 162
Agenda May 9, 1983
The Honorable Mayor
and
Members of the City Council
City of Richfield
Council Members:
Subject: Adams Hill Park Pathways
C
•
In 1979 neighborhood meetings were held regarding the re-
development of Adams Hill Park in the vicinity of 72nd Street
and Washburn Avenue. The city council approved the plans and
awarded contracts for construction in August, 1980. The plans
approved included a pathway from the cul-de-sac at Xerxes Avenue,
along the slope in an easterly direction, using the berm on the
north edge of the ponding area and connecting in the vicinity of
the hardcourt and play equipment area with adjacent pathways.
However, this pathway was not included in the original construction
award, as it was unknown at the time how much money would remain
in the project allocation to complete those items of park design
which were not of the highest priority: It now is known there
is sufficient funding to complete this pathway.
Another item of discussion at the time of the neighborhood
meeting was a pathway encircling the ponding area. The neighbors
immediately adjacent to the park were not anxious to encourage
possible encroachment on private property, but were willing to
have a pathway around the pond if it appeared there was enough
"traffic" to warrant such, and if there was a definition of
public versus private property. At the December 11, 1979 neigh-
borhood meeting the question was raised about whether there would
be a path around the pond. It was determined that such a path
might be beneficial but the design did not include a formal,
surfaced pathway around the pond. Grading changes were made
around the pond_to provide greater definition of private property
from public property. Although a designated pathway would be an
easier surface to take care of and maintain, consideration of an
improved pathway was reserved for the future.
It is the opinion of the staff that a pathway around the
ponding area would be an asset both in terms of park amenities
and in terms of park maintenance. It appears there may be
sufficient funding remaining in the.Adams Hill Park Redevelop-
ment City Project to afford not only the pathway from the Xerxes
Avenue cul-du-sac as included in the original park design, but
also the improved pathway around the ponding area as discussed
Council Letter No. 162 -2-
May 9, 1983
in the neighborhood meetings, but not included in the original
. park design. -
It is the recommendation of the staff that the city council
authorize the staff to proceed with securing necessary quotations
or bids to complete the pathway system in Adams Hill Park as out-
lined briefly above, including the pathway from the Xerxes Avenue
cul-du-sac and the pathway around the ponding area.
Respectfully submitted,
Karl Nollenberger
City Manager
KN/eja
•
0
•
The Honorable Mayor
and
Members of the City
City of Richfield
Council Letter No. 161
Agenda
Council Members:
CITY OF RICHFIELD, MINNESOTA
Office of City Manager
j
Council v?
C
Si
C
Subject:
Fremont Park Playground.
May 9, 1983
x
In February, 1982, the city council took action to modify
the summer playground program and determined that the exact re-
structuring or modification of the playground program would be
coordinated between the staff and the Community Services Advisory
Commission. The restructured program was intended to provide
-more half-day programs, fewer locations, and to reduce the city
general fund cost by a minimum of $17,500.
• At the Community Services Advisory Commission meeting
of March 9, 1982, attendance and geographic distribution were
among the items considered in making the decision related to the
summer playground program. It was determined that full-time
summer playground programs would be located at Adams Hill Park,
Augsburg Park, Christian Park, Donaldson Park and Madison Park.
Morning programs would be located at Memorial Park, New Ford Town
Park and Sheridan Park. Afternoon programs would be located at
Roosevelt Park, Taft Park and Nicollet Park. Park programs were
eliminated at Jefferson Park, Little Bob's Park, Fremont Park,
Washington Park and Rich Acres Park. The program at Monroe/
Fairwood Park could not be conducted during the 1982 summer
season due to park construction and redevelopment, but would be
reinstituted in 1983 providing other program(s) were closed.
A sketch locating the summer playground program sites
for 1983 is attached for council review. Eleven (11) sites
are provided in=1983, the same as 1982.. Fremont Park is not
included as a summer playground site for 1983, nor was it open
in 1982. The closest playground site to Fremont Park is Donald-
son Park, with pedestrian access at :76th Street or through use
of the pedestrian bridge at 73rd Street. Donaldson Park pro-
vides a building for inclement weather activities and for other
programs where a building is an asset. Donaldson Park also
has substantial open space, including a variety of amenities
• such as ballfields, tennis courts and basketball courts. Con-
versely, Fremont Park is a very small parcel with no shelter
for inclement weather or for storage. of equipment, and limited
open space for the variety of playground activities that take
Council Letter Nc. 161 -2-
May 9, 1983
• place during the summer season. To reopen Fremont Park as a
summer playground site would cost an estimated $2,562 for
supplies, materials and leaders. This dollar amount is not
currently budgeted and would need to be an addition to the
revised budget or obtained by reducing another program such as
the elimination of an assigned 1983 summer playground site(s)
in lieu of the Fremont Park site.
If the city council feels that this matter should be taken
under consideration, it should be referred to the Community
Services Commission for their review and examination, with
the decision either to be made by them, or requesting a recommenda-
tion to the city council.
ResJpectful'ly submitted,
Karl Nollenberger
City Manager
KN/eja
0
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•
1983 SUMMER PLAYGROUND SITES
Adams Hill .......................... 72nd and Washburn
Augsburg Park ....................... 72nd and Wentworth
Christian Park ...................... 69th and Bloomington
Donaldson Park ...................... 75th and Logan
Monroe Park ......................... 67th ans James
Madison Park ........................ 68th and Knox
( Half days P.M.'only)
New Ford Town ....................... 64th and 21st Avenue
(Half days A.M. only)
Roosevelt Park ......................
onl
)
M
P
lf d
(H 77th and 4th Avenue
y
.
.
ay
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Sheridan Park ....................... 65th and Thomas
(Half days A.M. only)
Taft Park ........................... 63rd and 16th Avenue
(Half days P.M. only)
Memorial Park ....................... 68th ans Portland
(Half days A.M. only)
Little People Playground sites:
Augsburg . ...........................Monday and Wednesday.
Christian ...........................Tuesday and Thursday
Donaldson ...........................Tuesday and Thursday
Monroe ..............................Monday and Wednesday
J
J3
• CITY OF RICHFIELD, MINNESOTA
Office of City Manager
Council Letter No. 160
Agenda May 9, 1983
The Honorable Mayor
and
Members of the City Council
City of Richfield
Council Members:
Subject: Resolutions Setting Date of the Assess-
ment Hearings for C.P. 757, C.P. 772,
and C.P. 775
The proposed assessment rolls have been calculated and
prepared for the following city projects:
C.P. 757 - Reconstruction of Lyndale Avenue from Lake
Shore Drive to 74th Street
C.P. 772 - 1982 Sidewalk Construction
C.P. 775 - 1982 Alley Paving
It is recommended that the city council pass the three
attached resolutions to set the date of the assessment hear-
ings for these projects for the June 13, 1983 council meeting.
Respectfully submitted,
Karl Nollenberger
City Manager
KN/eja
is
0 RESOLUTION NO.
RESOLUTION FOR HEARING ON PROPOSED ASSESSMENT
FOR C.P. 757 - LYNDALE AVENUE RECONSTRUCTION
WHEREAS, by a resolution passed by the council on April 25, 1983,
the city clerk and city engineer were directed to prepare a proposed
assessment of the cost of the reconstruction of Lyndale Avenue
between Lake Shore Drive and 74th Street by new pavement, widening,
curb and gutter, sidewalk driveways, street lights, traffic signals,
and appurtenant work.
AND WHEREAS, the city engineer and city clerk have notified
the council that such proposed assessment has been completed and
filed for public inspection,
NOW THEREFORE, be it resolved by the city council of Richfield,
Minnesota:
1. A hearing shall be held on the 13th day of June, 1983, in
the council chambers of City Hall at 7:00 p.m. to pass
upon such proposed assessment and at such time and place
all persons owning property affected by such improvement
will be given an opportunity to be heard with reference
to such assessment.
2. The city clerk is hereby directed to cause a notice of the
hearing on the proposed assessment to be published once
in the official newspaper at least two weeks prior to
the hearing, and shall state in the notice the total
cost of the improvement. The city clerk shall also
cause mailed notice to be given to the owner of'each
parcel described in the assessment roll not less than
two weeks prior to the hearings.
Adopted by the council this 9th day of May, 1983.
John Hamilton, Mayor
ATTEST:
Sylvia K. Bergh, City Clerk
•
RESOLUTION NO.
•
RESOLUTION FOR HEARING ON PROPOSED ASSESSMENT
FOR C.P. 772 - 1982 SIDEWALK CONSTRUCTION
WHEREAS,by resolution passed by the council on April 25, 1983,
the city clerk and city engineer were directed to prepare a
proposed assessment of the cost for the construction of concrete
sidewalk at the following locations:
On Side
From
To
75th Street North
76th Street South
Lyndale Avenue Both
Lake Shore Drive Both
65th Street South
Nicollet Avenue Both
Portland Avenue West
77th Street South
12th Avenue West
77th Street South
Penn Avenue
Lyndale Avenue
62nd Street
Lyndale Avenue
Lyndale Avenue
77th Street
77th Street
Elliot. Avenue
76th Street
12th Avenue
Logan Avenue
James Avenue
64th Street
66th Street
Pleasant Avenue
I-494
I-494
Chicago Avenue
I-494
13th Avenue
AND WHEREAS,the city clerk and city engineer have notified the
council that such proposed assessment has been completed, and filed
for public inspection,
NOW THEREFORE, be it resolved by the City Council of Richfield,
Minnesota:
1. A hearing shall be held on the 13th day of June, 1983, in the
council chambers of city hall at 7:00 p.m, to pass upon
such proposed assessment and at such time and place all
persons owning property affected by such improvement will
be given an opportunity to be heard in reference to such
assessment.
2. The city clerk is hereby directed to cause notice of the
hearing on the proposed assessment to be published once in
the official newspaper at least two weeks prior to the
hearing, and shall state in the notice the total cost of
the improvement. The city clerk shall also cause mailed
notice to be given to the owner of each parcel described
in the assessment roll not less than two weeks prior
to the hearings.
Adopted by the council this 9th dayof May, 1983.
John Hamilton, Mayor
ATTEST:
i
Sylvia K. Bergh, City Clerk
RESOLUTION NO.
RESOLUTION FOR HEARING ON PROPOSED
ASSESSMENT FOR C.P. 775 - 1982 ALLEY PAVING
WHEREAS by resolution passed by the council on April 25, 1983,
the city clerk and city engineer were directed to prepare a
proposed assessment of the cost for the reconstruction and the
concrete paving of the following alleys:
Alley Between From To
62nd Street and 63rd Street 14th Avenue 15th Avenue
4th Avenue and 5th Avenue 66th Street 67th Street
4th Avenue and 5th Avenue 73rd Street 74th Street
Clinton Avenue and 4th Avenue 73rd Street 74th Street
Blaisdell Avenue and Nicollet Ave. 73rd Street 74th Street
Grand Avenue and Pleasant Avenue 72nd Street 73rd Street
Harriet Avenue and Grand Avenue 72nd Street 73rd Street
Garfield Avenue and Harriet Avenue 72nd Street 73rd Street
Queen Avenue and Penn Avenue 67th Street 68th Street
Russell Avenue and Queen Avenue 69th Street 70th Street
Thomas Avenue and Sheridan Avenue 66th Street 67th Street
Vincent Avenue and Upton Avenue 68th Street 69th Street
Washburn Avenue and Vincent Ave.
Washburn Avenue and Vincent Ave. 68th
69th Street
Street 69th
70th Street
Street
Upton Avenue and Vincent Avenue 67th Street 68th Street
Aldrich Avenue and Lyndale Ave. 76th Street 77th Street
Queen Avenue and Russell Ave. 67th Street 68th Street
Queen Avenue and Penn Ave. 69th Street 70th Street
AND WHEREAS, the city clerk and city engineer have notified
the council that such proposed assessment has been completed,
and filed for public inspection,
NOW THEREFORE, be it resolved by the City Council of Richfield,
Minnesota:
1. A hearing shall be held on the 13th day of June, 1983, in
the council chambers of city hall at 7:00 P.M. to pass
upon such proposed assessment and at such time and place
all persons owning property affected by such improvement
will be given an opportunity to be heard in reference
to such assessment.
0
-2-
2. The city clerk is hereby directed to cause notice of the
hearing on the proposed assessment to be published once
in the official newspaper at least two weeks prior to
the hearing, and shall state in the notice the total
cost of the improvement. The city clerk shall also
cause mailed notice to be given to the owner of each
parcel described in the assessment roll not less than
two weeks prior to the hearings.
Adopted by the council this 9th day of May, 1983.
John Hamilton, Mayor
ATTEST:
Sylvia K. Bergh, City Clerk
•
11
CITY OF RICHFIELD, MINNESOTA
Office of City Manager
Council Letter No. 159
Agenda May 9, 1983
The Honorable Mayor
and
Members of the City Council
City of Richfield
Council Members:
Subject: Additions to 1983 Alley Improvement Project
At the public hearing for the proposed 1983 alley main-
tenance project, several property owners expressed interest
in alley paving. The engineering division subsequently re-
ceived four additional valid petitions requesting alley
paving from property owners adjacent to the following alleys:
Alleys Between From To
• 62nd Street & 63rd Street 15th Avenue Bloomington Avenue
Sheridan Ave. & Thomas Ave. 69th Street 70th Street
Nicollet Ave. & Blaisdell 74th Street 75th Street
Sheridan Ave. & Thomas Ave. 68th Street 69th Street
It is still feasible to pave these additional alleys in
1983. The attached preliminary engineering report includes
the estimated costs and assessments for these proposed alley
improvements.
The staff recommends that the city council adopt the
attached resolutions, ordering and accepting the preliminary
engineering report, and scheduling a public hearing on the
improvement project for these alleys for May 23, 1983.
Respectfully submitted,
Karl Nollenberger
City Manager
KN/eja
RESOLUTION NO.
RESOLUTION ORDERING PRELIMINARY REPORT
ON PROPOSED ALLEY PAVING - ADDITION TO CP 786
WHEREAS, a petition requesting the permanent paving of the
following alleys has been received:
Alley Between From To
1. 62nd Street and 63rd Street 15th Avenue Bloomington Ave.
2. Sheridan Ave. and Thomas Ave. 69th Street 70th Street
3. Nicollet Ave. and Blaisdell Ave. 74th Street 75th Street
4. Sheridan Avenue and Thomas Ave. 68th Street 69th Street
And the petition has been signed by the required percentage of
owners of abutting property;
NOW, BE IT RESOLVED by the City Council of the City of
Richfield, Minnesota as follows:
1. The City Council finds it appears necessary and desirable
that the city make the assessable public improvements of
permanent surfacing of the above mentioned alley, pursuant
to Minnesota Statutes, Chapter 429;
2. A preliminary engineering report on such proposed
assessable public improvement is required by law in the
event that said improvement or any part thereof is
specially assessed against the benefited property within
the city. The city engineer is, therefore, authorized
and directed to prepare a preliminary report of such
proposed improvement and to submit the same to the City
Council at the earliest convenient time;
3. Such report shall indicate the estimated cost of such
proposed improvement, shall indicate whether such proposed
improvement is feasible and whether it should best be made
as proposed or in connection with some other improvement;
4. Such proposed improvement shall hereafter be known and
designated as City Project 786.
Adopted.by the City Council of the City of Richfield this
9th day of May, 1983.
ATTEST:
John Hamilton, Mayor
•
Sylvia K. Bergh,City Clerk
RESOLUTION NO.
•
1]
RESOLUTION RECEIVING PRELIMINARY REPORT AND
CALLING PUBLIC HEARING ON PROPOSED ALLEY PAVING
ADDITION TO CITY PROJECT 786
WHEREAS, the city engineer has prepared a preliminary report
with reference to the improvement of the following alley by
permanent paving:
Alley Between
From
To
1. 62nd St. and 63rd St. 15th Avenue
2. Sheridan Ave. and Thomas Ave. 69th Street
3. Nicollet Ave. and Blaisdell Ave. 74th.Street
4. Sheridan Ave. and Thomas Ave. 68th Street
Bloomington Ave.
70th Street
75th Street
69th Street
THEREFORE, BE IT RESOLVED by the City Council of the City of
Richfield, Minnesota, as follows:
1. The preliminary report on the proposed addition to City
Project 786, dated the 9th day of May, 1983, prepared
by the city engineer, is hereby received and ordered to
be placed on file.
2. A public hearing on said proposed improvement is hereby
called to be held on May 23, 1983, commencing at 7:00
P.M., in the council chambers of City Hall, 6700
Portland Avenue South, Richfield, Minnesota, at which
time the council will consider the improvement of these
alleys in accordance with the report and assessment of
abutting property for all or a portion of the cost of
the improvement pursuant to Minnesota Statutes Chapter
429, at an estimated cost of the improvement of $81,311.94
3. The city clerk is hereby authorized and directed to give
published and mailed notice of such hearing in the
manner required by law.
4. Such proposed improvement shall hereafter be known
and designated as City Project 786.
•
Adopted by-the City Council of the City of Richfield this
9th day of May, 1983.
ATTEST:
Sylvia K. Bergh, City Clerk
John Hamilton, Mayor
• PRELIMINARY REPORT AND
ESTIMATE OF COST
ALLEY PAVING & APPURTENA:N T WCR'.K
PUBLIC IMPROVEMENT. NC. 786
CITY OF RICHFIELD, MINNESOTA
I TYPE OF WORT{
Concrete alley paving improvements in the City of Richfield.
11 . REASON FOR I-N'IPROVEMEN T
The alievs identified as ??umber 1 through 4 in item No. IV were
requested by petition representing greater than 50 percent of the
abutting rootage. These alleys were proposed'as an addition to the
paving program for the Citv of Richfield to provide oermanent a11ev
surfacing to benefit abutting properties.
III. DATE OF PRELIMINARY REPORT
May 9, 1983
IV. LOCATION
Allev Between From To
1. Thomas Avenue and Sheridan Avenue D9t^, Street 70th Street
2. Blaisdell Avenue and Nicollet Ave. 74th Street 75th Street
3. 62nd Street and 63rd Street
4. Thomas Avenue and Sheridan Ave 13th Avenue 31oomington Ave.
. 68th Street 69th Street
V ?EASIBILiTY
The allev Jading project 1s feaslbie and can best be accomplished as
proposed and not in conjunction With an_v other project.
VI PROPERTY TO 3E ASSESSED
All ghat propert'_v abutting the alleys previously descrl,
item No. TV.
VII ESTIMATEE D PROJECT COST
11 ;vide oncrete A_?
''ey
Administration, Legal, Eng,neering,
and Insurance (25'1?)
Estimated Project Cost
•
$65,049.55
16,262.39
81,311.94
t.
• VII • =S-7'IAT D PROJECT ASS-SSME,',4'7
Property abutting alleys be assessed for abutting alley
construction according to the assessment oclicv e--`db e
City Council Resolution No. 0"3^-_3. - ? ?shd in the
Total Assessable Allev 7rontage 4,117.06
Assessable Cost $81,311.94
Plus City cost 21251.50
Total Project Cost $83,563.44
523,433.37 = 51,186.50 = $19.75/a5sessable foot
Typical assessment for 50' lot = S987.30
Tvpical assessment for 75' lot = 51,481.25
r?
0
CITY OF RICHFIELD, MINNESOTA
Office 'of City Manager
Council Letter No. 158
Agenda May 9, 1983
The Honorable Mayor
and
Members of the City Council
City of Richfield
Council Members:
Subject: Request for Permit to Construct an Outdoor
Advertising Display at 7731 4th Avenue
Naegele Outdoor Advertising Company is requesting that the
city approve a permit to locate a 14' x 48' outdoor advertising
display on the Blaylock Plumbing property at 7731 4th Avenue.
Naegele would remove two existing single-faced outdoor advertising
displays on that property, one of which is a rooftop sign. The
new sign would be 48' high, would have two sign faces and would
be mounted on a single pole. The sign would be located three
• feet behind the building located at 7731 4th Avenue. The sign
would be set back from 78th Street approximately two feet more
than the established building line.
Recent amendments to the sign ordinance require that prior
to the issuance of a permit for the construction of an outdoor
advertising display the city council must conduct a public hear-
ing. This public hearing has been scheduled for May 9, 1983.
The proposed outdoor advertising display meets all require-
ments for outdoor advertising displays except for the maximum
height limit of 27 feet. The ordinance allows the city council
to permit a sign up to 48 feet in height to be constructed if it
is found that there are unique circumstances present which re-
duce the visibility of the outdoor advertising display from ad-
jacent streets and if it is found that the increased height would
not cause any safety, aesthetic, or property devaluation problems.
The staff has reviewed the proposal and found that there are
unique circumstances present in this case. The extra height is
necessary for the sign to be visible from I-494. The sign.
would be'located between two buildings on the site, and a sign
27 feet in height would be blocked from view by the buildings.
The proposed sign would be no higher than the existing signs,
which are presently on the site. Rooftop signs are longer per-
mitted, so the extra height is necessary to match the current
height.
Council Letter No. 158 -2- May 9, 1983
In staff's opinion, the proposed 48' high sign would not
cause any safety, aesthetic, or property devaluation problems.
The sign location is in an industrial zoning district and is
sufficiently separated from any residentially zoned property.
The city's ordinances governing signs also indicate that
construction of new advertising display along a freeway is
prohibited unless it is a replacement of an existing outdoor
advertising display, and then only if the council first approves
a new location. As indicated earlier the proposed new outdoor
advertising display would be a replacement for two single face
signs already existing on the property.
It is recommended that
ing on this matter, approve
Avenue as a replacement for
signs currently existing on
to construct a 48' high out
proposed location.
the
the
the
the
door
council conduct a public hear-
proposed;location at 7731 4th
outdoor advertising display
property and approve a permit
advertising display at the
Respectfully submitted,
Karl Nollenberger
City Manager
KN/eja
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CITY OF RICHFIELD, MINNESOTA
Office of City Manager
Council Letter No. 157
Agenda May 9, 1983
The Honorable Mayor
and
Members of the City Council
City of Richfield
Council Members:
Subject: Request for a Permit to Renovate an Outdoor
Advertising Display at 7738 Colfax Avenue
Naegele Outdoor Advertising Company is requesting that the
city approve a permit to renovate an existing 14' x 48' outdoor
advertising display on the Cutler Animal Hospital property loca-
ted at 7738 Colfax Avenue. Naegele Outdoor Advertising wishes
to rrnovate the existing sign by constructing a new single pole
• support for the existing outdoor advertising display. The lo-
cation of the sign and the sign faces will remain the same.
Naegle has indicated that the nearest point of the existing sign
is 48' from the curb of 78th Street. City records indicate
that the property line is approximately 20 feet behind the curb
of 78th Strret, therefore, the setback of the existing sign is
28' rather than the required 40 feet. The existing sign is,
therefore, a non-conforming sign. City ordinances prohibit
structural changes and modifications, such as the proposed
change of support system, to non-conforming signs. Naegle Out-
door Advertising Company has requested a variance for the set-
back requirement to remove the non-conforming status of the
existing signs and to allow the proposed improvement.
The existing and renovated outdoor advertising display
would meet all other requirements for outdoor advertising dis-
plays except for the maximum height limit of 27 feet. The ex-
isting and renovated sign heights would be 40 feet. The ordin-
ance allows the city council to permit a sign up to 48 feet in
height to be constructed if it is hound that there are unique
circumstances present which reduce the visibility of the outdoor
advertising display from adjacent streets and if it is found
that the increased height would not cause any safety, aesthetic,
or property devaluation problems.
The staff has reviewed the setback variance request against
is the three conditions for granting variances and found the
following:
0
Council letter No. 157 -2-
:day 9, 1983
1. It is the opinion of the staff that there are no special
circumstances present. The site is sufficiently large and
regularly shaped, and there is sufficient area to construct
a sign that would meet the required 40' setback.
2. It is the staff's opinion that denial of the variance
would not preclude reasonable use of the property. Denial % of the variance would not prevent the continuation of the
existing billboard on the site and there are alternative
locations for the sign that would meet the city's setback
requirements and not require a variance.
3. It .is the staff's opinion that the ptooosal would not be
detrimental to the public welfare. A billboard exists at
its present location and has been there for several years.
City records indicate that the city council approved a
permit for a billboard at this site in 1968 and that it
met all of the city requirements at that time. The proposal
would result in a better appearing outdoor advertising
display in that a number of unsightly support members would
be eliminated.
The staff has reviewed the request for height above 27 feet
and found there are some unique circumstances present in this
case. The outdoor advertising display is located among a number
of mature trees. The extra height is necessary to clear these
trees. The trees tend to screen the outdoor advertising display
from residential areas north of the site and tend to soften the
appearance of the sign. If the sign were lowered to meet the
height requirement, a number of trees would have to be trimmed
or removed. If the sign were lowered, its visibility from i-494
would also be limited.
Planning Commission Recommendation
The olanning commission reviewed the request for a variance
at their April 26, 1983 meeting, and recommended approval of a
variance by an 8-1 vote.
It is recommended that the city council conduct a public
hearing on this matter and approve a permit for a 40' high out-
door advertising display. While the proposal would result in a
more aesthetically pleasing outdoor advertising display, staff
must recommend against the setback-.Variance because the three
conditions for granting a variance =have not been ;net.
Respectfully submitted,
Karl N ollenberger
City Manager
KN/ej a
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•
CITY OF.RICHFIELD, MINNESOTA
Office of City Manager
Council Letter No. 156
Agenda May 9, 1983
,o v
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The Honorable Mayor
and `
Members of the City Council
City of Richfield
Council Members:
Subject: Request for Permit to Construct an Outdoor
Advertising Display at 705 W. 77 1/2 St.
0
•
Naegele Outdoor Advertising Company is requesting that the
city approve a permit to locate a 14' x 48' outdoor advertis-
ing display on the property currently occupied by the Suburban
Wood Products Company at 705 W. 77 1/2 Street. The proposed
sign would be 48 feet high, flag-type sign on a single pole,
and would overhang a portion of the existing building on this
site. The sign would be set back 40 feet from 78th Street.
Two existing single faced rooftop signs, one located at 705 W.
77 1/2 Street and another located at 805 West 77 1/2 Street
would be removed as part of this construction.
Recent amendments to the sign ordinance require that a
public hearing be held prior to the issuance of a permit to
construct an outdoor advertising display. A public hearing
on this permit request is scheduled for May 9, 1983.
The proposed outdoor advertising display would be 48 feet
high and would meet all requirements for outdoor advertising
displays except for the maximum height limit of 27 feet. The
ordinance allows the city council to permit a sign up to 48
feet in height if there are unique circumstances present which
reduce the visibility of the outdoor advertising display, and
if it is found that the increased height would not cause any
safety, aesthetic, or property devaluation problems.
The staff has reviewed this ou-'C;?dcor advertising display
permit request and found that there are unique circumstances
present;in this case. Rooftop signs are no longer permitted
by city ordinances. The extra height is necessary to permit
the existing signs to be removed from the roof and placed on
a single pole. The only alternative for locating the sign
which would meet the city's separation of outdoor advertising
display requirements and setback requirements would be locations
on the south side of the buildings;in the area. The 27' high
sign could not clear these buildings, therefore, the additional
Council Letter No. 156 -2- May 9, 1983
s
•
height is necessary.
It is the staff's opinion that the proposed 48' sign would
not cause any safety, aesthetic, or property devaluation prob-
lems. The proposed sign would be no higher than the existing
sign at this location. The proposed sign location is within a
commercial zoning district and is sufficiently separated from
any residentially zoned property.
The city's ordinances concerning the construction of new
outdoor advertising display along freeways prohibits new signs
unless the sign is a replacement for an existing outdoor adver-
tising display, and then only if the council approves the new
location. As indicated earlier, the proposed new outdoor adver-
tising display would be a replacement for two existing rooftop,
single-faced signs in the area.
It is recommended that the city council conduct a public
hearing on this matter, approve the proposed location at 705
West 77 1/2 Street as a replacement for the existing rooftop
outdoor advertising displays located at 705 and 805 West 77 1/2
Street and approve a permit to construct a 48' high outdoor ad-
vertising display at the proposed location.
Respectfully submitted,
as
Karl Nollenberger
City Manager
KN/eja
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CITY OF RICHFIELD, MINNESOTA
Office of City Manager
Council Letter No. 155
Agenda May 9, 1993
The Hon®rakle Mayor
and
Members of the City Council
City of Richfield
Council Members:
Subject: Restructuring of Minnehaha Creek Watershed
District and Nine Mile Creek Watershed
District
The Metropolitan Surface Water Management Act, passed in
1982, amended the Watershed Act by changing both the procedure
for selecting Metropolitan watershed district managers, and the
maximum size of the Metropolitan watershed district boards of
managers. Watershed district managers administer the policies
and procedures of the watershed districts. They are appointed
by the county commissioners.
The act directs the Water Resources Board to request recommenda-
tions from cities as to whether the size of the board of managers
should be increased for Watershed Districts in which a city is a
member. If the size of the board were increased, the cities in
the watershed have the right to nominate candidates to the posi-
tion of district manager. If the cities in a watershed district
nominate at least three candidates to each position, the county
must select the new district manager from this list of nominees.
The act gives the cities an opportunity to have more of a voice
in the operations of the watershed district.
Watershed Districts exercise control over proposed develop-
ments to protect the water and related resources of the district.
They do this through a permit process. Any development which re-
quires a significant amount of grading is reviewed and required
to obtain ,.a permit from the watershed district. The developer
is also required to prevent silt from leaving the site during
construction. In addition, the watershed district controls the
development near primary waterways to prevent infringement into
the floodplain.
Because Richfield does not have a principal waterway running
through the city, and very little new development rrquiring a
• significant amount of grading, the city has had infrequent con-
tact with the watershed districts in the past several years.
Property in Richfield which is in a watershed district has been
Council Utter No. 155 -2-
• taxed up to a half of a
provement costs. Richfi
high ground, so although
pal waterways, our storm
communities.
May 9, 1983
hill to defray administrative and im-
ald is a community which is generally on
we do not have any flooding of princi-
water can cause problems for downstream
The act that was passed in 1982 also gives the Watershed
Districts. increased taxing power. The watershed districts have
been working with the staff of the cities within the districts to
reorganize according to the act. It is not yet clear if there
will be a significant change in the operations of the watershed
districts. If the watershed districts reorganized policies appear
to be detrimental to Richfield's best interest, the city could
then request that the board be expanded to allow representation
from Richfield.
It is recommended that the city council not request the
Water Resources Board to expand the membership of either the Nine
Mile Creek Watershed District or the Minnehaha Creek Watershed
DDistrict at this time. The council would retain the right to
request that the board be expanded at some future date.
Respectfully submitted,
i
KN/ e j a
0
Karl Nollenberger
City Manager
41?5?
• CITY OF RICHFIELD, MINNESOTA
Office of City Manager
Council Letter No. 154
Agenda may 9, 1983
The Honorable Mayor
and
Members of the City Council
City of Richf ield
Council Members:
Subject: Amendment to Permit Fee for Storage Enclosures
Richfield city ordinance code 6.23, subd. 5 requires that
permits be issued for the construction of storage enclosures
relating to outdoor merchandising. When our schedule of fees
was amended in 1982, the permit fee related to this ordinance
-requirement was inadvertently omitted from the schedule.
Attached is a resolution prepared by our city attorney's
office to incorporate this permit fee into the established fee
schedule. It is the recommendation of the Director of Public
Safety, in which I concur, that the city council give favorable
consideration to this resolution to re-establish a permit fee
for storage enclosures utilized in connection with outdoor mer-
chandising.
Respectfully submitted,
Karl Nollenberger
City Manager
KN/eja
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RESOLUTION NO.
RESOLUTION AIMENDING
RESOLUTION NO. 6537
BE IT RESOLVED by the City Council of the City of Richfield,
Minnesota as follows:
1. Section 1 is amended by adding the following new reference.
Ordinance Code This Resolution
Section Subdivision Section Number
8.23 5 2 10D
2. Section 2 is amended by adding the following new provision
after 10.
TYPE OF PERMIT SECTION TOTAL FEE FEE
OF LICENSE REQUIRING VALUATION SCHEDULE
10B Storage Enclosure 8.23 N/A per enclosure $53.00
0
9
CITY OF RICHFIELD, MINNESOTA
Office.of City Manager
Council Letter No. 153
Agenda May 9, 1983
The Honorable Mayor
and
Nembers of the City Council
City of Richfield
Council Members:
Subject: Ordinance Amendment Relating to the Causes
of Vacancies on the Planning Commission.
Second Reading.
0
Last November, the city council appointed Vern Luettinger
to the HRA, and at the same time, decided to retain Mr. Luettinger
as a member of the Richfield Planning Commission. However, it
-was recently discovered that the ordinance creating the planning
commission indicated that the cause of a vacancy on the planning
commission is the "election or appointment to a public office."
It could be interpreted that the HRA is a public office. The
city attorney recalled that the intent of the ordinance was that
the office not be an "elective public office."
An ordinance amendment which would clarify the position by
adding the words "election or appointment to an elective public
office", was approved on first reading at the April 25, 1983 city
council meeting, and the public hearing was scheduled for May 9,
1983.
A copy of the proposed ordinance is attached to this council
letter and has been placed on the May 9, 1983 city council agenda
for second reading consideration.
Respectfully submitted,
Karl Nollenberger
City Manager
KN/eja
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AMENDMENT TO CHAPTER III,
PART VII, SECTION 3.68,
SUBDIVISION 7, PARAGRAPH (F)
OF THE ORDINANCE CODE OF
THE CITY OF RICHFIELD
CITY OF RICHFIELD DOES ORDAIN:
Chapter III, Part VII, Section 3.68; Subdivision 7, sub-
paragraph (f), relating to causes of vacancies on the
planning commission of the city, is hereby amended to read
as follows:
"(f) Election or appointment to a an elective public
office."
Passed by the City Council of the City of Richfield, this
day of 1982.
John Hamilton, Mayor
ATTEST:
Sylvia Bergh, City Clerk
•
CITY OF RICHFIELD, MINNESOTA rj
Off ice of City Manager
Council Letter No. 152
Agenda May 9, 1983
The Honorable Mayor
and
Members of the City Council
City of Richfield
Council Members:
Subject: Transitory Ordinance Amending Section 2.03
of the City Charter Relating to Terms of
Council Members. Second Reading.
At its April 25, 1983 city council meeting, the city
council approved the first reading of this ordinance, which
was transmitted to the council by the charter commission.
The amendment would have the effect of increasing the term
of the office of Mayor from two years to three years.
In preparation for the scheduled second reading of this
ordinance, a notice cf the ordinance and public hearing were
published on April 27, 1983 providing the ten day notice
typically required for city ordinances. However, during con-
sultation with the city attorney, it was learned that state
law requires at least two weeks (14 days) notice for charter
amendments. Also, unanimous approval of the full council is
required to pass the amendment. It is the city attorney's
opinion that the hearing and vote may occur at separate
meetings, however.
Since the 14-day notice requirement has not been met,
this matter will be scheduled for a public hearing on June
13, 1983. The council may vote on the matter at that time or
at a subsequent meeting when the full council is present.
Based on the foregoing information, it is recommended
that the council take no action on this matter, except acknow-
ledgement of the rescheduling of the public hearing.
Respectfully submitted,
Karl Nollenberger
City ;Manager
• KN/eja
CHARTER AMENDMENT ORDINANCE NO.
CHARTER AMENDMENT ORDINANCE RELATING TO
TERMS OF OFFICE OF CITY COUNCIL MEMBERS
AMENDING SECTION 2.03 OF THE RICHFIELD
CITY CHARTER
CITY OF RICHFIELD DOES ORDAIN:
Section 1. Section 2.03 of the City Charter of the
City of Richfield relating to elective officers of the city is
hereby amended to provide as follows:
"Sec. 2.03. Elective Officers. The council shall be composed
of a mayor and four council members all of whom shall be registered
voters. Commencing with 1981 election the offices of mayor and
at-large council member shall be filled by election at large.
Commencing with the 1982 election the offices of the three
district council members shall be elected from apportioned council
,districts in which they reside. ?l?e-mayor-si?a??-sere-fer-a-term-
®f-toe-years-arid-tire-at-?are?e°aid-dstret-eet?e?-:nem?ers-sl?e??
serge-fer-a-term-ef-tnree-years.- The terms of office of mayor
and all other members of the council shall be three years. The
regular term of an office commences on January 1 next following
the general election at which balloting for the full term of the
office occurs. A candidate for the office of district council
member must reside while seeking election and while serving in
office within the district from which he or she is elected. A
council member who was elected under the at large system prior
to the 1981 election and whose term has not expired may continue
in office until his term expires. Prior to March 15, 1982, and
every time there is a United States Census thereafter, the city
council shall be ordinance establish compact and contiguous
council districts to be apportioned by population as nearly equal
as practicable."
Section 2. Effective Date This ordinance is effective
ninety (90) days after its publication, subject to the provisions
of Minnesota Statutes, Section 410.12, Subdivision 7.
Passed by the City Council of the City of Richfield, Minnesota
this day of 1983.
John Hamilton Mayor
ATTEST:
C,
•
TRANSMITTAL ORDER
To the Honorable Mayor and Members of the Council of the City of
Richfield, Minnesota:
We, the undersigned, being duly qualified and acting members of
the Charter Commission of the City of Richfield, Minnesota, do hereby
respectfully submit and deliver to you the attached proposed ordinance
amending Section ?.% of the City Charter of the City of Richfield.
We hereby respectfully proposed, rec Lend and submit for adoption,
by unanimus vote of the City Council and approval by the mayor of the
City, the attached proposed ordinance this day of
e 19
•
?1,5
CITY OF RICHFIELD, MINNESOTA
Office of City Manager
Council Letter No. 151
Agenda May 9, 1983
The Honorable Mayor
and
Members of the City Council
City of Richfield
Council Members:
Subject: Ordinance Amendment Relating to Possession
of Beer in City Parks. Second Reading.
At the April 25, 1983 city council meeting the city council
gave first reading to an ordinance amendment relating to possession
of beer in city parks, and scheduled second reading and the public
hearing for the May 9, 1983 city council meeting.
The Community Services Department and the Public Safety De-
partment have been working together to develop an aggressive en-
forcemeat program to prevent the problems related to beer drink-
ing in our city parks. The ordinance has been amended to make it
illegal not only to consume beer in city parks, but also to have
beer in possession with intent to consume it. The advantage of
this change would be to introduce control over the drinking prob-
lem at an earlier stage. The individual carrying a case of beer
into the park would be violating the law at that moment rather
than later when he/she may choose to consume the beer.
Enforcement of the present ordinance is difficult because
police officers rarely see actual consumption and judges may be
reluctant to find a person guilty of actual consumption when the
officer cannot testify he actually saw the defendant drinking.
A copy of the proposed ordinance is attached to this council
letter, and has been placed on the May 9, 1983 city council agenda
for second reading consideration.
Respectfully submitted,
Karl 1q01lenberger
City Manager
KN/eja
•
AMENDMENT TO CHAPTER IV,
SECTION 4.17 OF THE ORDINANCE
CODE OF THE CITY OF RICHFIELD
CITY OF RICHFIELD DOES ORDAIN:
Chapter IV, Section 4.17 of the ordinance Code of the
City of Richfield dealing with beer in city parks is amended
in the following respects:
A. By amending the title of Section 4.17 to read
as follows:
"4.17 SASE-PsPdB-E9?dSHA4PT?6Pd-9P BEER IN PARKS"
B. By amending subdivision 2 thereof to read as
follows:
"Subd. 2. Sale, Possession and Consumption
Prohibited. The sale, possession with intent to
consume or consumption of beer
?e?-?e9s-than-ewe-h.al£-ef-ene-pe?ee:?t-aleel?el
15y-veltufie is prohibited in the public parks of
the city."
Passed by the City Council of the City of Richfield,
Minnesota this day of , 1983.
John Hamilton, Mayor
ATTEST:
Sylvia K. Bergh, City Clerk
is
i
CITY OF RICHFIELD, MINNESOTA
Office of City Manager
Council Letter No. 150
Agenda May 9, 1983
U
The Honorable Mayor
and
Members of the City Council
City of Richfield
Council Members:
Subject: Ordinance Amendment Related to Disposal
of Confiscated Firearms. Second Reading.
At the April 25, 1983 city council meeting, the city council
gave first reading to an ordinance amendment that would require
the destruction of confiscated illegal firearms, and the sale
of confiscated legal firearms only to licensed dealers. The
ordinance amendment was drafted to bring the city ordinance
into conformance with the state statutes.
A public hearing has been scheduled for the May 9, 1983 city
council hearing. A copy of the proposed ordinance is attached
to this council letter.
Respectfully submitted,
Karl Nollenberger
City Manager
KN/eja
0
AMENDMENT TO CHAPTER XII,
PART I, SECTION 12.01 OF THE
ORDINANCE CODE OF THE CITY
OF RICHFIELD
CITY OF RICHFIELD DOES ORDAIN:
Chapter XII, Part I, Section 12.01 of the Ordinance
Code of the City of Richfield dealing with the disposition
of unclaimed property is hereby amended in the following
respects:
A. • By amending subdivision 2 thereof to read as
follows:
"Subd. 2. Method of Disposition. Whenever any
property has come into the possession of the city
and has remained unclaimed by the owner thereof
for a period of six months or more, the city may
dispose of such property by sale at pblie
auction or other sale. If such property is a
legal firearm, sale may only be to a licensed
firearms dealer. In all other cases the sale
may be to the public. Such puni4-e auction or sale
shall be conducted under the direction of the city
manager, following published notice in the official
newspaper at least 10 days in advance of such
sale. All unclaimed properties sold at such
public auction or sale shall be sold to the
highest aualified bidder."
B. By amending subdivision five thereof to read as
follows:
"Subd. 5. Items Which Mav be Destroved. Items of
personal property having nuisance potential, such
as illegal firearms, dangerous weapons, liquor and
narcotics may be destroyed upon order of the city
manager. A list of items so destroyed shall be
maintained for a period of at least six years
following such destruction.
Passed by the City Council of the City of Richfield,
Minnesota this day of 1983.
John Hamilton, Mayor
ATTEST:
0
Sylvia K. Bergh, City Clerk
CITY OF RICHFIELD, MINNESOTA
Office of City Manager
-??4 ?
Council Letter No. 149
Agenda May 9, 1983
The Honorable Mayor 0?
and
S
Members of the City Council
City of Richfield
Council Members:
Subject: Request for Special Use ;Permit to Allow th-e
Change in Use of a Service Station to a
Service Station Store at 7500 Lyndale Avenue
s
Proposal
Mr. Jim Deselms, representing Ashland Oil Company, has sub-
mitted a request for a special use permit to allow the conversion
-of a service station to a service station store. The existing
service station structure will remain, and a new 12 foot by
8 inch by 34 foot brick-faced addition will be constructed on
the rear of the building. A special use permit for the current
use on the site was approved by the council in 1968. A variance
for the construction of a freestanding canopy on the site was
granted in 1978. The current off-street parking layout was also
approved at that time. City ordinances require that a special
use permit be obtained prior to the conversion of a gasoline
service station to a service station store. The site is zoned
C-2 general commercial.
Staff Review
The planning staff has reviewed the request for a special
use permit and found the following:
1. The proposal meets all regulations relating to service
station stores as stated in Section 3.33, sub. 3, of
the city ordinance. Lot size, proposed structure, and
gas dispenser location permits sufficient off-street
parking to meet the needs o the proposed use. There
is no conflict of traffic circulation with the off-
street parking area and vehicles using the gas dispen-
sers.
2. It is the staff's opinion that additional screening
should be provided at the rear of the building to
better screen the site from=adjacent single family
residences. The applicant has indicated that they
will provide additional landscaping and fencing to
accomplish this.
Council Letter No. 149 -2- May 9, 1933
Staff Recommendation
The staff recommends that the special use permit be granted
for the change in use from a service station to a service station
store with the stipulation that additional screening be provided
at the rear of the building. The design and location of the addi-
tional screening should be approved by the city staff.
Planning Commission Recommendation
The planning commission unanimously recommends approval of
the special use permit with the stipulation outlined in the
staff report.
Respectfully submitted,
Karl Nollenberger
City Manager
KN/eja
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7 ti
April 13, 1983
Rick Jepke
Ci-?:.7 Planner
C177 Of -7Z? clf eld
06700 Portland Ave. So.
Richfield, uirn. 33423
Cear :Mr. Jcpke,
•
St. Paul CZnter
:Metro Square Bldg
Saint Paul MN 55101
01212%3875
I wisb': respond acairst the proposal of Ashland Cil C-,=any .c r^uild cr ? ccnvert
an e-=stina gasoline service staticn into a gasoli=.e service stabcn star
My : eascn fcr respcrdi.g aCa-,Lrs t this crcxsal is that I ? eel r.e_Ye ?re a=je
acili`.es of h„l type in the area a---adv. Thexe is a ,-,' :-F,=b stcre CI1e } ??{
away and a s:.milar gasoline sex-rice stabcn store t;,n bicc'{s away. I =eel
7-rope--^7 could be cut to use in a rzrre use_nal Tarl er.
Siicerellv,
Mary 3rakke
7S1S Aldrich Ave. So.
•
founded 1971
a Member of he
State University
SvsIem
•
April 1 , 1983
Rick Jopke
City Planner
e--
City of Richfi eL d
6700 Port Land Avenue South
Richfield, Mn 55423
Re: Applicacion of Ashland OiL Company =cr Special Use Permit
whenever commercial and residential property share the same block,
it is incumbent on the Planning Commission to ensure that the rights
of a!L property owners are protected. A fine Line exists between.
the rights of the commercial owners to do business and the rights of
the residents to preserve their investment in, and to enjoy the use
of, their property • With adegt:ate safeguards , I believe that the
businesses _acing Lyndale can cc-exist with the homes facing Aldrich
Avenue.
I also believe chat Super?.merica (Ashland OiL Company) has shcw-n
iCseLf to be a responsible companv. IC's ocher Twin City locations
appear to be modern, attractive, and generally =ree =rom Lifter
and debris .
Therafore, 1 do not oppose the issuance of a Special L'sa permit
the foLLowing ccncerns are met:
1) Adequate Screening and Landscaping of the Property -- SuperAmerica's
former location at: 77th and NicolleC i,s an exceLlenc example of what
it can do in this regard. The enCirecorner is shielded by a decorative
block fence, =tees, and Shrubs. The proposed Location should ccmpletely
0
1)
u "e v ? ; Ws o i he s t a b
on
oosc? t from the alley without des?roying the
"open spaced feel of the alley. For examo_Le, a ten-foot, solid
brick wall would not be aporooriate.
All dumpsters and trash receptacles should be housed or otherwise
screened in a decorative structure.
2) No deliveries to be Made Via the Alley -- We are currentLy facing
a major problem because of the Large Semis and del?very trucks that
make numerous deliveries throughout the day to Richfield Printing,
a company that should have been classified as industrial, not commercial
`these semis block the alley, use our driveways for backing and turning
around in, limit our access to our own property, and pose a serious
safety hazard to our children. Their constant cresence in the alley
is a real detriment to the value of our property. ;I can imagine how
easy it will be cc seL1 our home with this kind of circus going on l
our backyard!)
To avoid this problem on the corner property, Super-America should be
required cc provide delivery access off of 75th Street and net
via the aLlev.
3) Subdued Lighting -- 3ecause of the 24 hour nature of its business,
Super.?'merica should be required to limi: the intensity of all outdoor
Lighting and display signs.
Sound Levels -- All possible Timis should be applied. One ma;or
concern. is the Public Address system ,ised by SuperAmerica to
communicate with customers and activate specific gas pumps. This type
of system should riot be allowed unless It can be operated at minimum
sound Levels. Nothing is more irritating when try- :bg to enjoy a picnic
in the backyard and having to Listen _o: "Go ahead on eighteen," or
3
"Thank-you for calling _ o „
'n your pLmp s n now, or Thank-you
six, go ahead pLease."
There must be some silent system that could be just as ezfective.
Perhaps a small Light on the top of each pump that could be switched
on when the pump is activated?
Station personnel should be responsible for preventing :motorists
from honking horns, racing engines, pLaying loud radios, etc.
I believe that Richfield currently has a noise ordinance and LL'_
should be actively en-forced.
For a number of years, Richfield has been trying to attract younger
people with families to the community. Well we are one oz Chose
younger families, and we have taken RlchrleLd at its word that they
would provide a decent community for our children cc grow uo in.
We have spent a lot of time and money improving our property -- both
for our sake and the good or the community. We have accepted the
responsibility of maintaining our property so as not to lower the
prcPerty '•.ralues of ollr neighbors, and we are dedicating to _.^Drovin4
0
our neighborhood as much as we can. 3y the same token, this respensibiJei
should fall even more heaviLiy on the businesses that prozit
From the use or our neighbonccod. We hope that the Commission will
see to it that this responsibility _s met.
SincereLy
Glenn M. Lindgren and Familiy
Property Owners
7513 Aldrich Avenue South
Richfield, Minnesota 55423
•
0
CITY OF RICHFIELD, MINNESOTA
Office of City Manager
_;6? 7
Council Letter No. 148
Agenda May 9, 1983
The Honorable Mayor
and
Members of the City Council
City of Richfield
Council Members:
Subject: Variance Request at?6645 Queen Avenue
0
Proposal
Rutledge Construction Company has requested a variance on
behalf of Kenneth Youngberg, the owner of the apartment build-
ing, at 6645 Queen Avenue. The variance requested is to reduce
the required rearyard setback requirement in an MR-2 zone from
25 feet to 2 feet. The applicant constructed a detached car-
port within 2 feet of the property line which at the time met
the required rearyard setback requirements. He subsequently
constructed a canopy between the apartment building and the
detached carport, making the carport a part of the main build-
ing. Once the carport was attached to the main building a
25 foot rearyard setback is required instead of the existing
2 feet. The applicant also wishes to construct an additional
canopy between the main building and the carport. The site is
zoned MR-2 multiple family residence.
Staff Review
The staff reviewed the application against the three con-
ditions for granting variances and found the following:
1. It is the staff's opinion that there are no special
circumstances present at this site not common to
other similarly zoned sites in the neighborhood or
in other areas of the city.
2. It is the plannina staff's <opinion that denial of
the variance would not preclude reasonable property
rights. The multi-family use has been established
on the site and could continue. There are also al-
ternatives available for constructing a canopy over
the stairway which would not require a variance. A
five foot canopy could be donstructed over the stairway
maintaining a five foot separation from the carport
which would require no variance.
0
Council Letter No. 148 -2-
May 9, 1983
3. It is the planning staff's opinion that the grant-
ing of this variance would set a bad precedent for
the future. Contrary to the letter submitted by the
applicant, the applicant was, in fact, aware of the
ordinance requirements. City staff had discussed
with him, prior to the issuance of the permit for the
carport, the requirement that the carport be detached
and at least five feet away from the apartment build-
ing. The applicant discussed with them whether or not
the canopy could be connected to the existing balcon-
ies and staff, again, said they could not and that
the carport had to be at least five feet away from
any part of the apartment building, including the
balcony.
The planning staff is of the opinion that the granting
of this variance would condone the obvious disregard
of city ordinances, and would hinder the staff's abil-
ity to enforce ordinances which have been designed to
protect the general public welfare.
•
Staff Recommendation
Because the three conditions for granting variances have
not been met, the planning staff recommends that the variance
be denied. It is further recommended that the applicant be re-
quired to remove or alter the canopy so that no point of the
canopy is nearer than five feet to the proposed carport.
Planning Commission Recommendation
The planning commission unanimously recommends that this
variance be denied.
1(/
0
KN/eja
C ? l^
-a e-2
J?
0
Respectfully submitted,
Karl Nollenberger
City Manager
RALPH 7. RU7LEDGE
THOMAS vv. RUTL-EDGE
GENERAL CONTRACTORS
RUTLEDGJE C ST CTIO Ca.
i
1409 SOUTH SEVENTH STREET, HOPKINS, MINNESOTA 55343
PHONE: 935-5558
niu-C
`arch 22, 1983
City of Richfield
6700 Portland Avenue
Rich.ii eld, `-innesota 35423
Attention: Planning Commission and City Council_ '[embers
On 5 October 1_982 a building per-lit was issued for the
construction cf a carport be_h d the aca=t_ment bui_dinc
located at 6643 Queen Avenue South. During construction,
the owner of the property requested we pour a concrete
wall and steps around --e rear entrance to -he pu_ld=nC
because of a contynuirc Sto= Sewer Cver?low problem. J
in the past, this croblem has caused -,cater -rCB'i the al' ev
to ever low and =food his building. However, by con- -
Structing the _^_ecessar-T staff--well , ailOth er problem was
created, being that when it rains the da er - e Weil
would remain and also seep into tale build 4 nc . -+ For this
reason a canopy was constructed- Overhead to 1 -4 mu t the
amount o= Water i^_g i
get?-? ^LO _he s?-
?a_.r'Ne11 and alSO o0
create a prctectlve canopy to keep_ people coming and
going from getting -Net. Upon complet_:?g this we were
info=ed a variance should have ^.een procured for ^e
additional work. We were unaware of pis and '^ad not
applied. We are now aoplying for this -rar _ancs.
We would like to inclu,4e in - his pcl ' cal - a ?_on _or -7a_- arcs
`ne construcoion of anct.er canopy at the other end of
e building between the next twc'balcor_7es for Neat^er
protect-Cn when con rig to ?o and ?roM the cars.
aa -?7 sub -y
-
11
t ecge CO:lstruct ??'?
Thomas Rutledge,v;l eSlaeTn
T R/ t_h
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M E M O R A N D U M
DATE: May 9, 1983
TO: Tom Morgan
FROM: Sivert Hendrickson
SUBJECT: Variance Request-6645 Queen Avenue South
Rutledge Construction Company first submitted an application for
a carport that was attached to the building. The plans were revised
and re-submitted by Tom Rutledge when he was adivsed that the
setback requirement for an attached structure was 25 feet from
the rear property line. The attached plans are on our record set
and show a 5 foot separation from the building. The contractor
cannot in good faith say that he was not aware of the situation.
The flooding problem is one that has existed due to this building
being constructed on the property which formerly was a pondinq area.
T believe the city is involved in litagation on the drainage problem
which is another issue.
The contractor constructed a dike around the entry door without prior
approval or permits and then erected the connecting link over the
diked area.
0 SH/bac
• CITY OF RICHFIELD, MINNESOTA
Office of City Manager
Council Letter No. 147
Agenda May 9, 1983
The Honorable Mayor
and
Members of the City Council
City of Richfield
Council Members:
Subject: Variance Request at 7000 Thomas Avenue
Reduce Sideyard Setback to Construct Addition
Proposal
Michael and Karen Doerr have requested a variance to re-
duce the minimum streetside sideyard setback requirement from
15 feet to 5 feet at their residence at 7000 Thomas Avenue. The
Doerrs wish to construct a 29' x 35' foot addition onto the rear
of their existing home. The streetside si-deyard setback of the
existina house is only 5 feet. The streetside sideyard setback
of the proposed addition will match that of the existing house
and, therefore, a 10' variance is necessary. The site and
surrounding properties are zoned R residence.
Staff Review
The staff reviewed the application against the three con-
ditions for granting variances and found the following:
1. It is the staff's opinion that there are no special
circumstances present on this particular site. The
lot is of similar size and shape as other lots in
the neighborhood and the ccmrlunity as a whole.
2. It is the staff's opinion that denial of the variance
would not preclude reasonable property rights. The
existing single family residential use of the site
could be continued. A variance would be necessary
to construct any kind of ddditicn onto the existing
residence, however, because it does not meet the
15 foot streetside sideyard requirement.
3. It is the staff's opinion that the proposal would
not be detrimental to the.public welfare. The
addition would be no closer to the street than the
existina house. A study of other corner lots in the
neighborhood indicates that a 5' streetside setback
is typical in the area. The proposal would, there-
fore, be consistent with the character of the neigh-
borhood.
Counc ilLetter No. 147 -2- May 9, 1983
• Staff Recommendation
While the proposal would not be detrimental to the public
welfare, the staff must recommend that the variance be denied
because the three conditions for granting variances have not
been met. The city manager recommends approval of the variance.
Planning Commission Recommendation
The planning commission recommended that the variance be
granted by an 8-1 vote.
Respecfully submitted,
Karl Nollenberger
City Manager
KN/ ej a
0
9
STREETS iDi S D."_,`? ARD
ADDRZ SS SET3AC
•
2617 70th Street 'Nest
J
7001 Upton Avenue South
7000 Upton Avenue South S1
7000 Washburn Avenue South S?
7001 Washburn avenue Sout h
7001 Xerxes Avenue Soutn jr
7021 Thomas Avenue South 21'
7020 Thomas Avenue South S1
7021 Washburn Avenue South 5
7020 Washburn Avenue Sou--o 21
7021 Xerxes AvehUe Sou-- jr
ul
7000 Thomas Ave. So,
iichi°ld MN 23
1983
?ea_- City o. 1 4
f
then 1 purChaSed ti:,s :louse at 7000 -,'hc nas Avenue South in
1978 I was a single person. Two years ago
11 Harried M ichaei
who has 2 C1?11dr
z en from his 'previous marr:a-?e- and s-ce'1d aloe
of time with us. Now we have ano ther child due in ,June. ie
need more room and understand we need a variance to bUild ?T
addition the only .way it would loci good to the ne; ghCOrhoOd
and still be liveable, because the existing house was built
th
too close to 70 Street.
We lire the area, our neighbors, and the Rich field school
system, arid ',would li ke to stay here Cu' ',vi thout .'es variar_Ce
that would be impossible and we would be forced to move.
We cannot see how our proposed addition cculd adversely
af'fect any of our neighbors and it would be a nice improvement
to the neighborhood.
Tease ant our request.
jinCcrnly
f
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CITY OF RICHFIELD, MINNESOTA
Office, of City Manager
Council Letter No. 146
Agenda May 9, 1983
The Honorable Mayor q
and aQ??
Members of the City Council lJ C`
City of Richfield QQ
\ ry.k
Council Members: V
Subject: Variance to the Minimum Lot Width
To Subdivide, 324 Apple Lane
Proposal
Mr. Robert Murdock has requested a variance to the minimum
lot area and lot width requirements in an R-1 Residence District.
The applicant wishes to subdivide an existing lot into two lots,
one of which will not meet the minimum lot area requirement of
10,000 square feet, and the minimum lot width requirement of 75
feet. The proposed new lot would be approximately 60 feet wide.
In addition, the remaining lot would be only 68 feet wide in-
stead of the required 75 feet. The applicant wishes to sell the
existing house and construct and occupy a new house on the newly
created lot. The site and adjacent lots are zoned R-1 Residence
District.
Staff Review
The staff has reviewed the proposal against the three con-
ditions which must be present for a variance to be granted and
found the following:
1. There are special circumstances present on this par-
ticular site. The total lot area of this lot is
approximately 33,000 square feet which is about 3
times larger than other lots in the area and consid-
erably larger than lots in other R-1 zoning district.
The curvilinear design ofApple Lane and the config-
uration of other lots in the area limits the amount
of street frontage which the lot has, however. Also,
approximately 40% of the lots in this particular R-1
zoning district district do not meet the 75 foot min-
imum lot width requirement. The location and orienta-
tion of the existing house on the lot also limits the
subdivision possibilities; on the lot. The conditions
described above are not common to other similarly
zoned properties and limit the property owner's
Council Letter No. 146 -2-
May 9, 1983
to ability to subdivide the lot into two lots which would
meet city requirements.
2. Denial of the lot area variance would not preclude
reasonable use of the property. The existing single
family use has been established and could continue.
There are alternative subdivision plans which could
meet the minimum lot area requirements. There are
no alternatives for meeting the minimum 75 foot lot
width requirements on both lots because the total
frontage is only 128 feet wide.
3. The intent of the R-1 zoning district requirements is
to protect the character of certain unique areas of the
community by preventing development which would not be
consistent with the existing character of these neigh-
borhoods.
The staff is of the opinion that the proposed lot front-
age would not be detrimental to the public welfare.
As indicated earlier, 40% of the lots in the area do
not meet the 75 foot wide requirement. There are three
lots on the block which have a lot width of 60 feet.
The proposed 60 foot frontage would, therefore, be
generally in character with the neighborhood. It is
also the staff's opinion that the proposed lot area
would not be consistent with the character of the
surrounding neighborhood. There is only one lot in
this R-1 zoning district which does not meet the min-
imum lot area requirements and it has a lot area of
approximately 9,000 square feet.
Staff Recommendation
It is the staff's belief that the variance
a 60 foot wide lot and a 68 foot wide lot rather
75 foot lots would meet the three conditions for
and should be granted. The staff has found that
the variance from the minimum lot area requireme
the three requirements and, therefore, should be
Planning Commission Recommendation
request to allow
than the required
issuing variances
the request for
ats does not meet
denied.
The planning commission unanimously recommends that the
variance to the minimum lot width requirement be granted, and
by a 7-2=vote, recommends denial of_the minimum lot area variance.
Respectfully submitted,
Karl Mllenberger
City Manager
KN/ej a
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CITY OF RICHFIELD, MINNESOTA
Office of City Manager
Council Letter No. 145
Agenda May 9, 1983
The Honorable Mayor
and y
Members of the City Council
City of Richfield
Council Members:
Subject: Water Meter Replacement Program
•
The Richfield water system is about 20 years old and many
aspects of the system, including the meters installed in resi-
dences and places of business, are worn and difficult, if not
impossible, to repair. The 1983 operating budget for the water
maintenance function includes the purchase of 250 new water
:peters at an estimated cost of $11,250. The staff is also
recommending that plans for a complete replacement program be
approved in the 1984/85 Capital budgets. In looking at the water
meter replacement program, the staff considered a number of new,
more efficient, easier access meters and also considered a number
of different types, including those using cable television, radio
waves and many other new improvements in the industry.
Richfield's water system metering system presently consists
of 11,300 accounts with water line sizes ranging from 1/4" to
1 1/2". The majority of the accounts (10,700) have 5/8" water
lines. Most of the problems are encountered with about 3,000
of these 5/8" water line meters. The problems are many and are
related to the age of the system. The city is unable to obtain
parts for the American. Tele-read meters. This causes many prob-
lems with reading of meters, especially attempting to get an
accurate reading. Due to these problems, the meter readers must
return to over 3% of the 8,000 accounts to obtain the reading.
This amounts to over 640 callbacks it a three-month period. in
order for the reader to read the meter, the homeowner must be
home so the reader may get to the meter location. This causes
complaints by homeowners because of=the inconvenience of having
to be home at a special time. The 0xisting meters are also
inaccurate in measuring water flow.; The 8,000 meters that are
approaching 20 years of age have anjaverage accuracy of 94%,
amounting to an average loss of water revenue each year of 6%.
The staff is recommending replacement of all 10,700 5/8"
meters with a type that can be read Vrcm outside the house by
:jeans of a tape recorder. The tape,;* in tarn, would trapster+
this reading information to the city computer. The water bill
would then be printed in the same manner as the current oper-
ation, by using the computer. This system would eliminate the
Council Letter No. 145 -2-
need for manually entering the
transferring by keypunching th
is also expected that billing
improving the cash-flow of the
readings in a
e readings into
May 9, 1983
meter book and then
the computer. It
could occur more quickly, thereby
water utility.
The new meters are estimated to cost $45 each, for a total
cost of $481,500. The installation of the meter is estimated to
be $20, for a total installation cost of $214,000. The install-
ation would be accomplished by using the present outside water
maintenance workers augmented with seasonal employees. The
scrap meters that are removed have some value as scrap brass.
This is estimated at $3.50 each for the 8,000 meters, for a total
of $28,000. The 2,700 meters that have been replaced in the last
10 years have a greater estimated scrap value of approximately
$15 each, for a total of $40,500. Studies indicate that the new
metering system will pay for itself in a period of 4-6 years
through savings in the cost of billing and collection, meter
accuracy and meter reading and repair.
0
At the May 9, 1983 city council meeting a more detailed
presentation and display of the proposed new meters will be pro-
vided. The Community Services Director will be present to answer
questions about the proposed new water meter equipment, system
and operation as well as to answer questions related to the planned
three-year project. With city council approval, the first year
will allow the purchase of__4-r-E88-{,cater meters to be installed
by the city staff as a training program. Approximately 5,000
meters would be purchased and installed each year in 1984 and
1985.
It is recommended that the city council authorize the city
staff to proceed with the three-year meter replacement program.
The city council will have the opportunity to review bids for
the meters prior to approving a contract for purchase.
Respectfully submitted,
KN/eja
Karl Nollenberger
City Manager
AID
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•
CITY OF RICHFIELD, MINNESOTA
Office of City Manager
Council Letter No. 144
Agenda April 25, 1983
The Honorable Mayor
and
Members of the City Council
City of Richfield
Council Members:
Subject: Resolution Authorizing the Sale and Issuance
of $1,500,000 Commercial Development Revenue
Bonds, Minnesota Mini-Storage II - 78th Street
and Pillsbury Avenue
Is
On November 8, 1982, the city council adopted a resolution
giving preliminary approval to Minnesota Mini-Storage II for their
project located at 78th Street and Pillsbury Avenue, immediately
south of the city garage facility. Earlier on September 13, 1982,
the council granted c-rtain zoning variances for this project.
industrially zone s g
The Mini-Storage II project involves the construction of
approximately 79,750 square feet of self-storage space on an
d ite of sli htly over two acres in size.
Mini-Storage II.
The resolution and other pertinent documents have been re-
viewed and approved by Mr. David J. Kennedy, the city's bond
counsel. Information concerning the interest rate to be filled
in on the Form of Note will be transmitted to the city on Mon-
day, April 25. The Note is secured by a Letter of Credit and
the personal guarantees of the general partners of Minnesota
Although the
f inancing of this
it is recommended
ution at the April
staff rasied certain concerns regarding the
project at the time of preliminary approval,
that the city council adopt the attached resol-
25, 1983 city council meeting.
Respectfully submitted,
Karl Nollenberger
City Manager
KN/eja
0
0
FINAL NOTE RESOLUTION
CITY OF RICHFIELD
$1,500,000 COMMERCIAL DEVELOPMENT REVENUE NOTE OF 1983
(MINNESOTA MINI-STORAGE II PROJECT)
0
ADOPTED: April 25, 1983
0
NOTE RESOLUTION
(This Table of Contents is not a part of this
Resolution, but is included for convenience only)
TABLE OF CONTENTS
Dage
ARTICLE ONE - DEFI NITIONS, LEGAL AUTHORIZATION
AND FINDINGS . ................................... 1
Section 1-1. Definitions ...................... 1
Section 1-2. Legal Authorization .............. 3
Section 1-3. Findings ......................... 3
Section 1-4. Authorization and Ratification
of Project ....................... 5
ARTICLE TWO - NOTE ................................... 6
Section 2-1. Authorized Amount and Form
of Note .......................... 6
Section 2-2. The Note....... ................ 16
Section 2-3. Execution ........................ 16
Section 2-4. Delivery of Note ................. 16
Section 2-5. Disposition of Note Proceeds..... 17
Section 2-6. Registration of Transfer......... 17
Section 2-7. Mutilated, Lost or Destroyed
Note .... ......................... 18
Section 2-8. Ownership of Note................ 18
Section 2-9. Limitation on Note Transfers..... 18
ARTICLE THREE - GENERAL COVENANTS ...................... 19
Section 3-1. Payment of Principal and Interest. 19
Section 3-2. Performance of and Authority
for Covenants ..................... 19
Section 3-3. Enforcement and Performance of
Covenants ......................... 19
Section 3-4. Nature of Security ................ 20
ARTICLE FOUR - MISCELLANEOUS .......................... 21
Section 4-1. Severability ...................... 21
Section 4-2. Authentication of Transcript...... 21
Section 4-3. Registration of Resolution........ 21
Section 4-4. Authorization to Execute
Agreements ........................ 21
SIGNATURES... ..... ... .. ............................ 22
0
0
FINAL NOTE RESOLUTION
BE IT RESOLVED by the City Council of the City of
Richfield, Minnesota, as follows:
ARTICLE ONE
DEFINITIONS, LEGAL AUTHORIZATION AND FINDINGS
1-1. Definitions.
The terms used herein, unless the context hereof
shall require otherwise shall have the following meanings, and
any other terms defined in the Loan Agreement shall have the
same meanings when used herein as assigned to them in the Loan
Agreement unless the context or use thereof indicates another
or different meaning or intent.
Act: the Minnesota Municipal Industrial Development Act,
Minnesota Statutes, Chapter 474, as amended;
Assignment of Rents and Leases: the agreement to be
executed by the Borrower assigning all the leases, rents,
issues and profits derived from the Project to the Lender to
. secure the repayment of the Note and interest thereon;
Bond Counsel.- the firm of Briggs and Morgan, Profession«1
Association, of 3t. Paul and Minneapolis, Linnesota, and any
opinion of Bond Counsel shall be a written opinion signed by
such Counsel;
Borrower: Minnesota Mini-Storage II, a Minnesota general
partnership consisting of E. H. Jaroszewski and W. Bruce
Hubbard, its successors, assigns, and any surviving, resulting
or transferee business entity which may assume its obligations
under the Loan Agreement;
City: the City of Richfield, Minnesota, its successors
and assigns;
Construction Fund: the fund established by the City
pursuant to this Resolution; the proceeds of the Note will be
deposited into the Proceeds Account of the Construction Fund;
Construction Loan Agreement: the agreement to be executed
by the City, the Borrower and the Lender, relating to the
disbursement and payment of Project Costs out of the
Construction Fund for the acquisition of the Land and the
construction and installation of the Improvements;
Guarantors: collectively, E. H. Jaroszewski and W. Bruce
Hubbard;
Guaranty: the personal guaranty to be executed by the
Guarantors in favor of the Lender;
Improvements: the structures and other improvements,
including any tangible personal property, to be constructed or
installed by the Borrower on the Land in accordance with the
Plans and Specifications, but specifically excluding any
portion of the facility used as a residence;
Land: the real property and any other easements and
rights described in Exhibit A attached to the Loan Agreement;
Lender: First National Bank of Minneapolis, Minneapolis,
Minnesota, its successors and assigns;
Letter of Credit: the $75,000 Letter of Credit issued in
favor of the Lender; 0
Loan Agreement: the agreement to be executed by the City
and t.':ae Borrower, providing fcr the issuance of the Note and
the loan of the proceeds thereof to the Borrower, including any
amendments or supplements thereto ;Wade in accordance with its
provisions;
Mortgage: the Combination Mortgage, Security Agreement
and Fixture Financing Statement from the Borrower, as
mortgagor, to the Lender, as mortgagee, securing payment of the
Note and interest thereon, including any mortgage supplemental
thereto entered into in accordance with the provisions thereof;
Note: the $1,500,000 Commercial Development Revenue Note
of 1983 (Minnesota Mini-Storage II Project), to be issued by
the City pursuant to this Resolution;
Note Register: the records kept by the City Clerk to
provi e nor the registration of transfer of ownership of the
Note;
2
Plans and Specifications: the plans and specifications
for the construction and installation of the Improvements on
the Land, which are approved by the Lender, together with such
modifications thereof and additions thereto as are reasonably
determined by the Borrower to be necessary or desirable for the
completion of the Improvements and are approved by the Lender;
Pledge Agreement: the agreement to be executed by the
City and the Lender pledging and assigning the Loan Agreement
to the Lender;
Project: the Land and Improvements as they may at any
time exist;
Project Costs: the total of all "Construction Costs" and
"Loan and Carrying Charges," as those terms are defined in the
Loan Agreement;
Resolution: this Resolution of the City adopted April 25,
1983, together with any supplement or amendment thereto.
All references in this instrument to designated
"Articles," "Sections" and other subdivisions are to the
designated Articles, Sections and subdivisions of this
instrument as originally executed. The words "herein,"
"hereof" and "hereunder" and other words of similar import
refer to this Resolution as a whole not to any particular
Article, Section or subdivision.
1-2. Legal Authorization.
The City is a political subdivision of the State of
Minnesota and is authorized under the Act to initiate the
revenue producing project herein referred to, and to issue and
sell the Note for the purpose, in the manner and upon the terms
and conditions set forth in the Act and in this Resolution.
1-3. Findings.
The City Council has heretofore determined, and does
hereby determine, as follows:
(1) The City is authorized by the Act to enter into a
Loan Agreement for the public purposes expressed in the,Act;
(2) The City has made the necessary arrangements with the
Borrower for the establishment within the City of a Project
consisting of certain property all as more fully described in
the Loan Agreement and which will be of the character and
3
accomplish the purposes provided by the Act, and the City has
by this Resolution authorized the Project and execution of the
Loan-Agreement, the Pledge Agreement, the Note and the
Construction Loan Agreement, which documents specify the terms
and conditions of the acquisition and financing of the Project;
(3) in authorizing the Project the City's purpose is, and
in its judgment the effect thereof will be, to promote the
public welfare by: the attraction, encouragement and develop-
ment of economically sound industry and commerce so as
to prevent, so far as possible, the emergence of blighted and
marginal lands and areas of chronic unemployment; the develop-
ment of revenue-producing enterprises to use the available
resources of the community, in order to retain the benefit of
the community's existing investment in educational and public
service facilities; the halting of the movement of talented,
educated personnel of all ages to other areas thus preserving
the economic and human resources needed as a base for providing
governmental services and facilities; the provision of acces-
sible employment opportunities for residents in the area; the
expansion of an adequate tax base to finance the cost of
governmental services, including educational services for the
school district serving the community in which the Project is
situated;
(4) the amount estimated to be necessary to partially
finance the Project Costs, including the costs and estimated
costs permitted by Section 474.05 of the Act, will require the
issuance of the Note in the principal amou-.it of $1,500,900 as
hereinafter provided;
(5) it is desirable, feasible and consistent with the
objects and purposes of the Act to issue the Note, for the
purpose of partially financing the Project;
(6) the Note and the interest accruing thereon do not
constitute an indebtedness of the City within the meaning of
any constitutional or statutory limitation and do not
constitute or give rise to a pecuniary liability or a charge
against the general credit or taxing powers of the City and
neither the full faith and credit nor the taxing power of the
City is pledged for the payment of the Note or interest
thereon; and
(7) The Note is an industrial development bond within the
meaning of Section 103(b) of the Internal Revenue Code and is
to be issued within the exemption, provided under subparagraph
0
4.
(D) of Section 103(b)(6) of the Code with respect to an issue -
of $10,000,000 or less; provided that nothing herein shall
prevent the City from hereafter qualifying the Note under a
different exemption if, and to the extent, such exemption is
permitted by law and consistent with the objects and purposes
of the Project.
1-4. Authorization and Ratification of Project.
The City has heretofore and does hereby authorize the
Borrower, in accordance with the provisions of Section
474.03(7) of the Act and subject to the terms and conditions
set forth in the Construction Loan Agreement, to provide for
the construction and installation of the Project pursuant to
the Plans and Specifications by such means as shall be
available to the Borrower and in the manner determined by the
Borrower, and without advertisement for bids as may be required
for the construction and acquisition of municipal facilities;
and the City hereby ratifies, affirms, and approves all actions
heretofore taken by the Borrower consistent with and in
anticipation of such authority and in compliance with the Plans
and Specifications.
E
0
5
ARTICLE TWO
NOTE
2-1. Authorized Amount and Form of Note.
T
1he
Note issued pursuant to this Resolution shall be
in substantially the form set forth herein, with such
appropriate variations, omissions and insertions as are
permitted or required by this Resolution, and in accordance
with the further provisions hereof; and the total principal
amount of the Note that may be outstanding hereunder is
expressly limited to $1,500,000 unless a duplicate Note is
issued pursuant to Section 2-7. The Note shall be in
substantially the following form:
•
•
6.
UNITED STATES OF AMERICA
STATE OF MINNESOTA
• COUNTY OF HENNEPIN
CITY OF RICHFIELD
Commercial Development Revenue Note of 1983
(Minnesota Mini-Storage II Project)
$1,500,000
FOR VALUE RECEIVED the CITY OF RICHFIELD, Hennepin
County, Minnesota, (the "City") hereby promises to pay First
National Bank of Minneapolis, in Minneapolis, Minnesota, its
successors or registered assigns (the "Lender" and any such
successor or registered assignee being also sometimes herein-
after referred to as the "Holder"), from the source and in the
manner hereinafter provided, the principal sum of ONE MILLION
FIVE HUNDRED THOUSAND AND NO/100 DOLLARS ($1,500,000.00), or so
much thereof as remains unpaid from time to time (the
"Principal Balance"), with interest thereon at the rate
specified in paragraphs 1(a) and 1(b) hereof (the "Tax Exempt
Rate") or at such higher rate as hereinafter provided in
• paragraph 1(c) hereof (the "Taxable Rate"), in any coin or
currency which at the time or times of payment is _legal tender
for the payment of public or private debts in the United States
of America, in accordance with the terms hereinafter set forth.
1. (a) From and after the date hereof through and
including November 1, 1984, interest only shall be paid at the
rate of 12% per annum. Interest shall accrue from and after_
the date hereof and shall be payable on the first day of the
calendar month next succeeding the date hereof, and on the
first day of each and every month thereafter through and
including November 1, 1984.
(b) Commencing on December 1, 1984 and on the
first day of each calendar month thereafter, the Principal
Balance shall be amortized in equal consecutive monthly
installments of principal and interest the amount of each of
which is to be calculated on an assumed twenty-five year
amortization with interest from November 1, 1984 at the rate
7
of 12% per annum and a final installment on November 1, 2009
(the "Final Futurity Date") which shall be equal to the unpaid
• Principal Balance and accrued interest thereon. Any payment
shall be applied first to accrued interest and thereafter to
reduction of the Principal Balance.
(c)(i) in the event that the interest on this
Note shall become subject to federal income taxation pursuant
to a Determination of Taxability (as 'Hereinafter defined), the
interest rate on this Vote shall be increased, retroactively
effective from and after the Date of Taxability (as hereinafter
defined) to 7.5 1/2% per annum (the "Taxable Rate"). The City
shall immediately upon demand pay to the Holder and to each
prior Holder affected by such Determination of Taxability an
amount equal to the amount by which the interest accrued
retroactively at such increased rate from the Date of
Taxability to the date of payment exceeds the amount of
interest actually accrued and paid to the Holder and any such
prior Molder during said period. (such obligation of the City
shall survive the payment in full of the principal amount of
this Note.) Commencing on the first day of the month next
following the date of payment of such additional interest and
continuing on the first day of each month thereafter (unless
the Holder shall accelerate the maturity of the Note pursuant
to clause (ii) of this paragraph (c)), this ;cote shall be
payable as follows:
• (A) if amortization of the Principal Balance
had not theretofore commenced under para-
graph (b) hereof, the monthly payments of
interest only 'Hereunder shall be increased
to reflect the accrual of interest at the
Taxable Rate and the monthly installments
of principal and interest payable commenc-
ing with the December 1, 1934 payment shall
be recomputed on the basis of the Taxable
Rate on an assumed twenty-five year
amortization; or
(B) if amortization of the Principal Balance
had theretofore commenced under paragraph
(b) hereof, the monthly installments of
principal and interest payable commencing
with the next succeeding payment shall be
recomputed on the basis of the Taxable Rate
and amortization over the remaining portion
of the original assumed amortization.
0 a
(ii) Upon a Determination of Taxability, the
is Holder may declare the entire Principal Balance of this Note
together with accrued interest thereon at such retroactively
increased Taxable Rate to be immediately due and payable, plus
the prepayment premium, calculated in accordance with paragraph
7 hereof.
(iii) The Holder shall give notice., as soon as
practicable, to the Borrower (as hereinafter defined) of. any
Notice of Taxability (as hereinafter defined) received by the
Holder and permit the Borrower to contest, litigate or appeal
the same at its sole expense; provided that any such contest,
litigation or appeal is, in the reasonable opinion of the
Holder, being undertaken and carried forward in good faith,
diligently and with reasonable dispatch. In the event any such
contest, litigation or appeal is undertaken, the increased
interest provided in paragraph (b)(i) shall, nevertheless, be
payable to the Holder and shall be held by the 'Molder in escrow
(without paying interest thereon) pending final disposition of
such contest, litigation or appeal, provided that the Borrower
shall indemnify and hold harmless the Holder and each prior
Holder from any and all penalties, interest or other liabili-
ties which they may incur on account of such contest, litiga-
tion or appeal.
(iv) The terms "Determination of Taxability,"
Date, of la'i.abl_l-1ty and "Notice of Tai:ability as used herein
shall have the meanings ascribed to such terms in Section 4.07
of the Loan Agreement of even date herewith (the "Loan
Agreement") between the City and Minnesota Mini--Storage II, a
Minnesota general partnership consisting of E. H. Jaroszewski
and W. Bruce Hubbard (the "Borrower").
2. In any event, the payments hereunder shall be
sufficient to pay all principal and interest due, as such
principal and interest becomes due, and to pay any premium or
service charge, at maturity, upon redemption, or otherwise.
Interest shall be computed on the basis of a 360 day year, but
charged for the actual number of days elapsed.
3. Principal_ and interest
charge due hereunder_ shall be payable
of the Lender, or at such other place
designate in writing.
4. This Note is issued by
for a project, as defined in Section
Minnesota Statutes, consisting of the
and premium or service
at the principal office
as the Lender may
the City to provide ;funds
474.02, Subdivision la,
acquisition of real
9
estate, and the construction of a self-storage facility
• thereon, pursuant to the Loan Agreement, and this Note is
further issued pursuant to and in full compliance with the
Constitution and laws of the State of Minnesota, particularly
Chapter 474, Minnesota Statutes, and pursuant to a resolution
of the City Council duly adopted on April 25, 1983 (the
"Resolution").
5. This Note is secured by a Pledge Agreement of
even date herewith by the City to the Lender_ (the "Pledge
Agreement"), a Combination Mortgage, Security Agreement and
Fixture Financing Statement, of even date herewith between the
Borrower, as mortgagor, and the Lender, as mortgagee (the
"Mortgage"), a Guaranty of even date herewith from E. H.
Jaroszewski and W. Bruce Hubbard to the Lender (the Guaranty),
an Assignment of Rents and Leases, of even date herewith from
the Borrower to the Lender (the "Assignment of Rents and
Leases") and by a $75,000 Letter of Credit issued in favor of
the Lender (the "Letter of Credit"). The proceeds of the Note
shall be placed in the Proceeds Account of the Construction
Fund established pursuant to the Resolution and the
Construction Loan Agreement of even date among the Lender, the
City and the Borrower (-the "Construction Loan Agreement")
(hereinafter referred to), and the disbursement of the proceeds
of this Note from the Construction Fund is subject to the terms
and conditions of the Construction Loan Agreement.
6. The Principal Balance may be prepaid in whole or
in part in increments of $100,000 on the first day of any month
upon at least 30 days advance written notice to the Holder (or
such lesser period of notice as the 'Holder may approve) and
upon payment of an amount equal -to the principal amount being
so prepaid, plus accrued interest hereon to the date of prepay-
ment, plus the prepayment premium calculated in accordance with
paragraph 7 hereof. This Note is also subject to mandatory
prepayment in whole or in part pursuant to Section 3.1 of the
Construction Loan Agreement in the amount of any sums remaining
in the Proceeds Account of the Construction Fund at the
Completion Date (as such terms are defined in the Construction
Loan Agreement), in which event- a prepayment premium shall also
be payable in accordance with paragraph 7 hereof, and the time
of such prepayment may not be extended. Upon the occurrence of--
certain "Events of Default" under the Construction Loan Agree-
ment, the Loan Agreement and/or under the Mortgage, and as
provided in paragraph 11 hereof, the Holder may declare the
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Principal Balance and accrued interest on this Note to be
. immediately due and payable (and such action and any similar
action pursuant to paragraph 1(c)(ii) hereof being hereinafter
referred to as an "acceleration" of this Note), in which event
a prepayment premium shall also be payable in accordance with
paragraph 7 hereof.
Upon the occurrence of certain events of damage,
destruction or condemnation, the Holder_ may, as provided in
Article Five of the Mortgage and Section 5.02 of the Loan
Agreement, apply the net proceeds of any insurance or
condemnation award to the prepayment, in whole or in part, of
the Principal Balance in which event a prepayment premium may
be payable in accordance with paragraph 7 hereof.
This Note may be called for redemption and prepay-
ment, in whole, at the option of the Holder, on May 1, 1993 (or
at any time within six mont'ns following May 1, 1993) (the "Call
Date"), upon at least thirty (30) days advance written notice
to the Borrower (or such lesser period of notice as the
Borrower may approve). The Borrower has the right under this
Note on the Call Date (if the Holder has given the required
notice), in lieu of redemption of this Note, upon five (5) days
advance written notice prior to the Call Date, to purchase the
Note from the Holder or give notice -to the Holder that it has
secured a purchaser for the Note. The Holder agrees, in lieu
• of redemption of this Note to sell the Note to the Borrower or
such purchaser on the Call Date at a purchase price equal to
the Principal Balance and accrued interest.
7. (a) If at the time of any prepayment on or
prior to May 1, 1988 or acceleration of this Note occurring
prior to May 1, 1988, the Borrower shall pay, together with t'ne
premium, if any, set forth in paragraph (b) hereof, an amount
equal to 20 of the amount or principal so prepaid.
Notwithstanding the foregoing, no such prepayment premium shall
be payable with respect to a prepayment made at the option of
the Holder pursuant to Article Five of the Mortgage or Section
5.02 of the Loan Agreement, unless an Event of Default had
occurred under the Loan Agreement, Construction Loan Agreement
or the Mortgage and remains uncured at the time such prepayment
is made.
(b) If at the time of any prepayment or
acceleration of this Note, occurring prior to May 1, 1993 the
yield on U. S. Treasury securities (as published by the Federal
Reserve Bank of New York) having a maturity date closest to
May 1, 1993 (the "Governmental Yield"), as determined by the
0
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Holder as of the date of prepayment or acceleration, is less
than 13% the Borrower shall pay a premium calculated as
• follows: (a) the amount of principal so prepaid shall be
multipled by (i) the amount by which 13% exceeds the Government
Yield as of the date of prepayment or acceleration, times (ii_)
a fraction, the numerator_ of which is the number of days
remaining to May 1, 1993 and the denominator of which is 360,
(b) the resulting product shall then be divided by the number
of whole months then remaining to May 1, 1993 yielding a
quotient (the "Quotient"), (c) the amount of the prepayment
premium payable under this paragraph shalt be the present value
on the date of prepayment or acceleration (using the Government
Yield as of the date of prepayment or acceleration as the dis-
count factor) of a stream of equal monthly payments in number
equal to the number of whole months remaining to May 1, 1993,
with the amount of each such hypothetical monthly payment equal
to the Quotient and with the first payment payable on the date
of prepayment or acceleration. Notwithstanding the foregoing,
no such prepayment premium shall be payable with respect to a
prepayment made at the option of the Holder pursuant to Article
Five of the Mortgage or Section 5.02 of the Loan Agreement
unless an Event of Default had occurred under the Loan
Agreement, Construction Loan Agreement, or the Mortgage and
remains uncured at the time such prepayment is made.
8. The monthly payments due under paragraph 1 hereof
shall continue to be due and payable in full until the entire
• Principal Balance and accrued interest due on this Note have
been paid regardless of any partial prepayment made hereunder.
9. As provided in the Resolution and subject to
certain limitations set forth therein, this Note is
transferable upon the books of the City at the office of the
City Clerk, by the Holder in person or by his agent duly
authorized in writing, at the Holder's expense, upon surrender
hereof together with a written instrument of transfer_
satisfactory to the City Clerk, duly executed by the Holder or
his duly authorized agent. Upon such transfer_ the City Clerk
will note the date of registration and the name and address of
the new registered Holder in the registration blank, appearing
below. The City may deem and treat the person in whose name
the Note is last registered upon the books of the City with
such registration noted on the Note, as the absolute owner_
hereof, whether or not overdue, for the purpose of receiving
12
0
payment of or on the account, of the Principal Balance,
• redemption price or interest and for all other purposes, and
all such payments so made to the Holder or upon his order shall
be valid and effective to satisfy and discharge the liability
upon the Note to the extent of the sum or sums so paid, and the
City shall not be affected by any notice to the contrary.
10. All of the agreements, conditions, covenants,
provisions and stipulations contained in the Resolution, the
Mortgage, the Assignment of Rents and Leases, the Loan
Agreement, the Pledge Agreement and the Construction Loan
Agreement are hereby made a part of this Note to the same
extent and with the same force and effect as if they were fully
set forth herein.
11. This Note and interest hereon and any service
charge or premium due hereunder are payable solely from the
revenues and proceeds derived from the Loan Agreement, the
Mortgage, the Guaranty, the Assignment of Rents and Leases, and
the Letter of Credit and do not constitute a debt of the City
within the meaning of any constitutional or statutory
limitation, are not payable from or a charge upon any funds
other than the revenues and proceeds pledged to the payment
thereof, and do not give rise to a pecuniary liability of the
Cit_v or, to the extent permitted by law, of any of its
officers, agents or employees, and no holder of Lhi_s Note shall
• ever have the right to compel any exercise of the taxing power
of the City to pay this Note or the interest thereon, or to
enforce payment thereof against any property of the City, and
this Note does not constitute a charge, lien or encumbrance,
legal or equitable, upon any property of the City, and the
agreement of the City to perform or cause the performance of
the covenants and other provisions herein referred to shall be
subject at all times to the availability of revenues or other_
funds furnished for such purpose in accordance with the Loan
Agreement, sufficient to pay all costs of such performance or
the enforcement thereof.
12. It is agreed that time is of the essence of this
Note. If the City defaults in the payment when due of any
installment of principal or interest or any premium or penalty
due hereunder, or an Event of Default- shall occur, as set forth
in the mortgage, the Assignment of Rents and Leases, the
Construction Loan Agreement or the Loan Agreement or the Little
Canada Loan Documents (as defined in the Loan Agreement), then
the Lender shall have the right and option to declare the
Principal Balance and accrued interest thereon, together_ with
the premium, if any, payable under paragraph 7 hereof,
•
13
immediately due and payable, but solely from the sources
specified in paragraph 11 hereof. Failure to exercise such
option at any -time shall not constitute a waiver of the right
to exercise the same at any subsequent time.
13. The remedies of the Molder, as provided herein
and in the Mortgage, the Assignment of Rents and Leases, the
Guaranty, the Loan Agreement, the Pledge Agreement, the Letter
of Credit and the Construction Loan Agreement, are not
exclusive and shall be cumulative and concurrent and may be
pursued singly, successively or together, at the sole
discretion of the Holder, and may be exercised as often as
occasion therefor shall occur; and the failure to exercise any
such right or remedy shall in no event be construed as a waiver
or release thereof.
14. The Holder shall not be deemed, by any act of
omission or commission, to have waived any o_E its rights or
remedies hereunder unless such waiver is in writing and signed
by the Holder and, then only to the extent specifically set
forth in the writing. A waiver with reference to one event
shall not be construed as continuing or as a bar to or waiver
of any right or remedy as to a subsequent event.
IT IS HEREBY CERTIFIED AND RECITED that all
conditions, acts and things required to exist, happen and be
• performed precedent to or in the issuance of -this Note do
exist, have happened and have been performed in regular and due
form as required by law.
IN WITNESS WHEREOF, the City has caused this Note to
be duly executed in its name by the manual signatures of the
Mayor and the City Clerk and has caused the corporate seal to
be affixed hereto, and has caused this Note to be dated April
1983.
CITY OF RICHFIELD, MINNESOTA
--------_--Mayor
-----__ Attest:--
y CitManager
(SEAL)
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•
•
0
PROVISIONS AS TO RLGIS`t'RATION
The ownership of the unpaid Principal Balance of this
Note and the interest accruing thereon is registered on the
books of the City of Richfield in the name of the holder last
noted below.
Date of Name and address Signature of
Registration Registered Owner Clerk
First National Bank
of Minneapolis
First Bank Place
April 1983 Mpls, M. 55480
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