04-28-80 agenda� �, 7 .
CITY OF RICHFIELD, MINNESOTA
Office of City Manager
Council Letter No. 156
Agenda April 28, 1980
w -1
�t-4-1) s -o
The Honorable Mayor
and
Members of the City Council
City of Richfield
Council Members:
Subject: Ordinance Amendment Relating to Issuance of
Certain City Licenses
During previous city council discussion of the council agenda
format and items which might be included on a consent agenda list-
ing, the council has discussed the city's present practice of
issuing licenses. Much of that discussion focused on some seem-
ing inconsistencies in city ordinance providing for certain licenses
to be approved for issuance by city staff, and certain other licen-
ses to be issued only upon council approval. Subsequent to that
discussion, the city staff and city attorney's office have review-
ed the city's licensing procedures, and developed some recommended
changes to the ordinances authorizing licensing responsibilities.
Essentially, the proposed ordinance amendment provides that
all licenses which are issued by the staff be issued by the city
manager or his /her designee, rather than having a variety of different
staff personnel named in the ordinance as licensing authorities.
The proposed amendments would also provide that certain infrequently
issued, or non - controversial type of licenses which now require
specific council authority for issuance, be issued upon approval
of the city manager. Where the ordinance refers to staff personnel
other than the city manager, position titles have been changed to
correspond to position titles existing under the city's administra-
tive reorganization. Finally, the ordinance amendments provide
that any applicant whose application for any license is denied be
provided an opportunity for a hearing before the city council.
Presently, some types of license denials are granted an appeal be-
fore the city council, and others are not.
Attached to this council letter is a proposed ordinance amend-
ment which would accomplish these changes. Also attached is a list-
ing of all licenses now provided for in the city ordinance, the
current issuing authority, and the issuing authority which would
exist under the proposed ordinance changes. You will notice that
the major business types of licenses (such as beer, liquor, etc.)
and other licenses which may impact on the public safety and welfare
remain in the council's authority.
Council Letter No. 156 -2- April 28, 1980
This item is placed on the April 28,1980 city council agenda
for discussion purposes, although the proposed ordinance is in
proper form so that the council could give first reading approval
to the ordinance amendment at this time if they so desire.
Respectfully submitted,
Karl Nollenberger
City Manager
KN /eja
cc: City Attorney
Acting City Clerk
AMENDMENT TO CHAPTERS V, VI AND X
OF THE ORDINANCE CODE OF THE CITY
OF RICHFIELD
CITY OF RICHFIELD DOES ORDAIN:
A. Chapter V, Part ,Il of the Ordinance Code of the City of
Richfield dealing with the regulation of certain amusement
and recreation activities is hereby amended by amending the
following sections thereof:
1. Section 5.21 regulating and licensing public dances is
hereby amended by amending subdivision 4 (1) thereof to
read as follows:
"Subd. 4(1) Permits shall [be applied for and shall] be
issued [at or before the last regular meeting of the
council in the month proceding the month in which the
dance is held] by the city manager or his /her designate."
2. Section 5.21 regulating and licensing public dances is
hereby amended by amending subdivision 6 thereof to
read as follows:
"Subd. 6. Approval and Issuance. The [council] city
manager or his /her designate shall review and act on each
application, the clerk shall issue a permit authorizing
the applicant to hold public dances in the city, at
the place and on the days specified in such permit."
3. Section 5.22 regulating and licensing general amusements
is amended by amending subdivision 4 thereof to read as
follows:
"Subd. 4. Approval. The application shall be presented
to the [council at its first meeting thereafter and the
council shall review such application. No license shall
be issued unless approved by the council] city manager
.or his /her designate who shall review the matter and
either approve or deny the license.
4. Section 5.22 regulating and licensing general amusements
is amended by amending subdivision 5 thereof to read as
follows:
"Subd. 5. License Fees. Upon the payment of the license
fees provided in Appendix D of this Code the clerk shall
issue a license to the applicant whose application has
been approved by the [council] city manager or his /her
designate."
B. Chapter V, Part III, Section 5.30 of the Ordinance Code of the
City of Richfield dealing with the licensing and regulation of
fortune tellers and related trades is hereby amended by amend-
ing subdivision 5 thereof to read as follows:
"Subd. 5. Issuance - Review by Police Department. The applica-
tion shall be submitted to the [chief of police] Director of
Public Safety for investigation
and recommendation. The clerk shall then submit the application
to the [council] city manager or his /her desi nate [which] who shal-
determine whether such application shall be granted."
C. Chapter V, Part IV, Section 5.35 of the Ordinance Code of the
City of Richfield dealing with the regulation and licensing of
aircraft is hereby amended by amending subdivision 4 thereof
to read as follows: r
"Subd. 4. Approval, Issuance and Revocation. The application
shall be presented to the [council] city manager or his /her designate
[which] who may either grant or deny the same. If the [council]
city manager or his '/her designate grants a license, [it] he /she may
impose conditions or limitations upon the granting thereof. Any
such license may be revoked for failure to comply with this
section or with any limitations or conditions so imposed."
D. Chapter VI of the Ordinance Code of the City of Richfield deal-
ing with the licensing of certain businesses and trades is
hereby amended by amending the following sections thereof:
1. Section 6.05 regulating and licensing scavengers is
amended by amending subdivisions 7 and 12 thereof to
read as follows:
"Subd. 7. Application for License. Application for a
scavenger's license shall be made to the city clerk,
shall be signed by the applicant and shall contain the
name and address of the proposed license and of the
owner and license numbers of the vehicle or vehicles
to be used and equipment to be used. Such application
shall be filed with the clerk who shall forthwith
transmit the same to theCdirector of public works]End]
the [chief of police] Dire for of Public Saf t
or approval. Each vehicle so used
shall have -a separate license. Upon approval by the
[chief of police] Director of Public S afe� " .
nd the director of public worx_ tliC
application snail be submitted to the [council] city
manager or his /her designate for consideration."
"Subd. 12. Bond Requirements. No license shall be
issued until and unless the person, firm, association,
partnership or corporation applying for such license first
files with the city ^lerk a corporate surety bond in the
principal amount of $2,000, conditioned upon the
faithful performance by the applicant or his /her agents
of all things required by this Code and is further con-
ditioned so as to guarantee that said applicant restores
all streets, alleys, or other public grounds, or sewers,
manholes or appurtenances thereto to their former good
condition, to the satisfaction of the [council] city manager,
if any such public property is damaged by applicant or his
/her agents in the course of operating as a scavenger."
2. Section 6.13 regulating and licensing soft drink vendors
is amended by amending subdivision 2 thereof to read as
follows:
"Subd. 2. License Required. No person shall sell, nor
offer for sale by means of vending machines or otherwise,
any soft drinks within the city without first obtaining
a license from the city manager or his /her designate."
3. Section 6.15 regulating and licensing transient merchants
is amended by amending subdivision 6 thereof to read as
follows:
"Subd. 6. Duration of License. Upon approval of any
license application, the [council] city manager or his /her
designate shall specify the period for which the license
is valid. Such period shall not exceed the period remain-
ing in the calendar year in which the license is issued."
4. Section 6.16 regulating and licensing wagon peddlers is
hereby amended by amending subdivision 5 thereof to read as
follows:
Subd. 5. Review and Approval. The application shall
be presented to the [council] city manager or his /her designate
for review and approval or denial."
5. Section 6.18 regulating and licensing Christmas tree sales
is amended by amending subdivision 2 thereof to read as
follows:
"Subd. 2. License ReQuired. No person Ewithin
shall [give away, trade, barter or] sell at
Christmas tree without first having secured a
The license required by this section shall be
e city manager or his /her designa
the c ity]
retail any
license.
issued by
6. Section 6.21 regulating and licensing taxicab drivers is
amended by amending subdivision 8 thereof to read as
follows:
"Subd. 8. Investigation and Issuance. Each application
shall be referred to the [chief of police] Director of Public
Safety who shall investigate the applicant and make a
report to the [council based on his findings] _ ep rson
issuing such licenses. The [council] city manager or his /her
designate shall act on the application."
E. Chapter X, Part II of the Ordinance Code of the City of Richfield
requiring licenses for the keeping of certain animals is hereby
amended by 'amending the following sections thereof:
1. Section 10.05 regulating and licensing the keeping of
pigeons is amended by amending paragraph (2) of sub-
division 5 thereof to read as follows:
"12) Application for a license to keep pigeons shall be
made to the city clerk and shall be accompanied by the
specified license fee. The application shall be investi-
gated.by the administrative staff of the city to determine
compliance with the ordinances of the city and shall be
referred to the city Ccouncil] manager or his /her designate
[which] who may grant or deny the license. Licenses shall
be issued on an annual basis."
2. Section 10.06 regulating and licensing keeping of non -
domestic animals is amended by amending subdivision 4 thereof
to read as follows:
Subd. 4. Temporary Permits. The city [council] manager
or his /her designate may grant temporary permits, for a
period not to exceed 60 days, for the keeping of any non -
domestic animals for use in connection with an exhibition
or seasonal display thereof, provided that [ the council]
he/she finds that such animals are not likely to be
dangerous; that they will be kept in safe and sanitary
surroundings; that they will not be maintained in an
inhumane manner or be subjected to inhumane treatment;
and that their presence on the premises will not be a
source of nuisance or annoyance to the occupants of
adjacent property. In granting such permit the [council]
city manager or his /her designate may impose limitations
upon the permit to insure that such animals will be kept
under such conditions. It shall be unlawful for any
person having such a permit to keep such animals without
maintaining such conditions or without abiding by the
limitations imposed [by the city council] . Any such
permit shall be subject to immediate suspension by the
city manager if he /she determines that such animals
constitute a safety or sanitary hazard, are being subjected
to inhumane treatment or conditions, or a source of
nuisance, and such suspension shall remain in effect until
the subsequent meeting of the city council. At such
meeting the city council may revoke such permit or
may reinstate the same subject to such limitation as
the council shall deem necessary. The permit fee for any
such permit shall be as provided in Appendix D of this
Code."
F. Chapter V, Part I, Section 5.11 of the Ordinance Code of the
City of Richfield dealing with the disapproval of licenses is
hereby amended to read as follows:
W
"5.11. Disapproval of License. [The clerk may provisionally
disapprove any license application when disapproval is
necessary to the fair administration of this chapter,
Chapter VI, or any other provisions of this Code. The
council has authority to give final disapproval.] In
all cases under this code where the city clerk, the city
manager or his /her designate has been given the authority
to issue licenses, any applicant aggrieved by action that
person denying such license may apply to the city council
for a hearing to determine whether the license should be
issued."
Passed by the City Council of the City of Richfield, Minnesota
this day of , 1980.
ATTEST:
Sylvia K. Bergh, City Clerk
Donald J. Priebe Mayor
TYPE OF LICENSE
Arcade
Bingo & Gambling
Itinerant Places of
Amusement
Theater
Roller Rink
Sauna & Massage
Masseuse
Sound Truck
Taxicab Company
Rental of Utility Trailer
& Trucks
Car Wash
Motel
On -Sale 3.2 beer
Tavern
Wholesale 3.2 beer
Club -intox
Set - ups -intox
On -sale liquor
Sunday liquor
Wine Licenses
Building Moving
Sign installer
Parking areas
Well driller
Off - street parking
Amusement Device
Kennel
Off -sale 3.2 beer
CURRENT LICENSING PROPOSED LICENSING
AUTHORITY AUTHORITY
City Council City Council
City Council City Council
City Council
City
Council
City Council
City
Council
City Council
City
Council
City Council
City
Council
City Council
City
Council
Clerk or City Council
Clerk
or Council
(depending on licensee's
(same)
City
record)
City
Council
City Council
City
Council
City
Council
City
Council
City
Council
City
Council
City
Council
City
Council
City
Council
City
Council
City
Council
City
Council
City
Council
City
Council
City
Council
City
Council
City
Council
City
Council
City
Council
City
Council
City
Council
City
Council
City
Council
City
Council
City
Council
City
Council
City
Council
City
Council
City
Council
City
Council
City
Council
City
Council
City
Council
City
Council
City
Council
City
Council
City
Council
City
Council
City
Council
City
Council
M
TYPE OF LICENSE
General Amusement
Garbage & Refuse
Motor vehicle dealer
Motor bicycle sales
Public dance
Fortune teller
Pigeons
Non - domestic animals
(temporary)
Aircraft landing
Taxi drivers
Scavenger
Vending machines
Incinerator
Transient merchant
_t Wagon peddler
Christmas tree sales
Motel residency permit
Dog -cat
Bicycles
Firearms dealers
Tobacco Sale
Employee -set up estab.
Employee -on -sale
Food vehicles
Itinerant Food
Retail candy shop
Food Establishment
Outdoor Merchandising
Building permits
Swimming Pool erection
CURRENT LICENSING
AUTHORITY
PROPOSED LICENSING
AUTHORITY
City
Council
City
Manager
City
Manager
City
Manager
City
Manager
City
Manager
City
Manager
City
Manager
City
Council
City
Manager
City
Council
City
Manager
City
Council
City
Manager
City
Council
City
Manager
City Council
City Manager
City Council
City Manager
City Council
City Manager
Health Inspector
City Manager
City Manager
City Manager
City Council
City Manager
City Council
City Manager
Non - designated
City Manager
City Council
City Manager
Clerk
Clerk
Clerk
Clerk
Clerk
Clerk
Clerk
Clerk
Clerk
Clerk
Clerk
Clerk
Health Inspector
Health Inspector
Health Inspector
Health Inspector
Health Inspector
Health Inspector
Health Inspector
Health Inspector
Inspector
Inspector
Inspector
Inspector
Inspectors
Inspectors
CITY OF RICHFIELD, MINNESOTA
? Office of City Manager
The Honorable Mayor
and
Members of the City Council
City of Richf ield
Council Members:
_4
Council Letter No. 155
Agenda April 28, 1980
k_. _f '_Z v e .c1 S- O
Subject: Request for Approval of Plans and Specifications
for Installation of Signal Interconnect System on
CSAH 52 (Nicollet Avenue) and CSAH 35 (Portland
Avenue)
The Hennepin County Public Works Department has requested that
the city council adopt resolutions approving installation of traf-
fic signal interconnect systems on CSAH 52 (Nicollet Avenue and on
CSAH 35 (Portland Avenue).
The Nicollet Avenue interconnect cable will be buried within
the Nicollet Avenue right -of -way, and will extend along the entire
length of Nicollet Avenue in Richfield, and into Bloomington. This
interconnect system hooks all semaphores together, and will enable
synchronization of the traffic signal system on the entire length
of Nicollet Avenue through Richfield.
The capital costs of this work will be paid for by Hennepin
County. However, it is necessary that a resolution approving plans
and specifications be passed by the city council prior to calling
for bids.
The Portland Avenue interconnect cable will be buried within
the Portland Avenue right -of -way, and will extend along the entire
length of Portland Avenue in Richfield, and into Bloomington. This
interconnect system hooks all semaphores together, and will enable
synchronization of the traffic signal system on the entire length
of Portland Avenue through Richfield.
The capital costs of this work will be paid for by Hennepin
County. However, because this is a Federal Aid project, it is nec-
essary that a resolution approving plans and specifications be passed
by the city council prior to submittal of these plans to the state.
It is recommended that the city council adopt the attached reso-
lutions approving the plans and specifications for these projects.
Respectfully submitted,
Karl Nollenberger
City Manager
KN /jf
cc: Community Development Director
c
RESOLUTION NO.
RESOLUTION APPROVING PLANS AND SPECIFICATIONS
HENNEPIN COUNTY PROJECT NO. 7687
FOR CSAH 52 (NICOLLET) FROM CSAH 62 to 90th STREET
CITY OF RICHFIELD, MINNESOTA
WHEREAS, plans for Hennepin County Project No. 7687
showing the proposed traffic control signal interconnect on
County State Aid Highway No. 52 (Nicollet) from CSAH 62 to
90th Street, together with the Specifications and Special
Provisions for the construction thereof as a County State Aid
project have been prepared and presented to the City,
NOW THEREFORE, BE IT RESOLVED, that said plans, specifications
and special provisions be in all things approved.
Passed by the City Council of the City of Richfield,
Minnesota, this day of ,1980.
ATTEST:
Sylvia Bergh, Acting City Clerk
Donald Priebe, Mayor
M
RESOLUTION NO.
RESOLUTION APPROVING PLANS AND SPECIFICATIONS
HENNEPIN COUNTY PROJECT NO. 7686
FOR CSAH 35 (PORTLAND) FROM CSAH 62 to 90th STREET
CITY OF RICHFIELD, MINNESOTA
WHEREAS, plans for Hennepin County Project No. 7686
showing the proposed traffic control signal interconnect on
County State Aid Highway No. 35 (Portland) from CSAH 62 to
90th Street, together with the Specifications and Special
Provisions for the construction thereof as a County State
Aid project have been prepared and presented to the City,
NOW THEREFORE, BE IT RESOLVED, that said plans,
specifications and special provisions be in all things
approved.
Passed by the City Council of the City of Richfield,
Minnesota, this day of , 1980.
ATTEST:
Sylvia Bergh, Acting City Clerk
Donald Priebe, Mayor
I
CITY OF RICHFIELD, MINNESOTA
Office of City Manager
Council Letter No. 154
Agenda April 28, 1980
The Honorable Mayor
and
Members of the City Council
City of Richfield
Council Members:
Subject: Program Amendments to the Community Development
Block Grant Program
Several program amendments to the Community Development Block
Grant program have become necessary because of scheduling problems
with the LHN Public Improvement Project approved for funding in
years VI (8/1/80 - 7/31/81) and VII (8/1/81 - 7/31/82). These amend-
ments do not affect the amount of funds originally budgeted in total
but only affect the staging of the improvements. The LHN Public
Improvement Project money is to be spent on the planned street and
pedestrian improvements on Lyndale Avenue between 64th Street and
Lake Shore Drive (CP 705 -2) and on 66th Street between Lyndale Avenue
and 35W (CP 705 -3). Bid letting and construction were originally
scheduled to begin prior to when the CDBG Funds would be available
for these projects. To alleviate this problem staff would recommend
that the following program changes be made:
1. Create a new project in year V (8/1/79 - 7/31/80) to
construct public improvements in the LHN area. This
project is the same as the project proposed in Year VI
(8/1/80 - 7/31/81) and Year VII (8/1/81 - 7/31/82).
2. Transfer $80,000 from the $100,000 allocated to the
Adams Hill project in Year IV to the LHN project.
3. Transfer $87,000 of the $250,000 allocated to the
Adams Hill Park project in Year V to the LHN project.
4. Transfer $125,000 of the $125,000 allocated to the
LHN project in Year VI to the Adams Hill Park project.
5. Transfer $80,000 of the $80,000 allocated to the
Community Center in Year VI to the LHN project.
6. Transfer $122,000 of $245,000 allocated to the LHN pro-
ject in year VII to the Community Center project.
These actions will result in no change in the amount of funds
allocated to the LHN project. The Adams Hill Park project will
have $42,000 less than its original allocation and the Community
Center would have $42,000 more than its original allocation. If
the bids come in at the engineer's estimate, the Adams Hill Park
Project is over budgeted, due to recurring grants from two sources.
$ Council Letter No. 154 -2- April 28, 1980
r
The city council should conduct the public hearing since we
published the legal notice a few weeks ago. Due to the uncertainty
currently imposed on the Lyndale Project and the Adams Hill project
it is recommended that action be delayed until a later date. It is
hoped that final resolution of the problem can be made at the May 12
meeting.
Respectfully submitted,
Karl Nollenberger
City Manager
KN /jf
cc: Community Development Director
Community Services Director
CITY OF RICHFIELD, MINNESOTA
Office of City Manager
Council Letter No. 153
Agenda April 28, 1980
"k_.O ., e_A , S - o
The Honorable Mayor
and
Members of the City Council
City of Richfield
Council Members:
Subject: Amendments to Purchase of Service Agreement
with City of Richfield and HRA
At its April 21, 1980 meeting, the Richfield Housing and
Redevelopment Authority approved several amendments to the
purchases of services agreement between the HRA and the City
of Richfield. The purpose of this city council agenda item is
to provide an opportunity for the council to review both amend-
ments, and to recommend council approval of these amendments
to that purchases of services agreement. A copy of the purchase
of services agreement, including the amendments approved by the
HRA, is attached.
The HRA made the following amendments to this agreement:
1. Changed the titles of various city staff personnel
to reflect current organizational titles in the city
administration;
2. Approved an increase in rent paid by the HRA to the
city, from $300 per month, to $375 per month, with
the proposed rent increase to be effective January
1, 1981;
3. Eliminated the 15� per mile reimbursement to HRA
employees who use their own vehicles for HRA
business, and established that the mileage reimburse-
ment paid those employees shall be equal to the
prevailing mileage reimbursement rate provided by
the City of Richfield.
It is recommended that the city council approve these
amendments to the purchase of services agreements between the
City of Richfield and the HRA.
Res ectfully submitted,
it Q� J 10 nje-'�n
Karl Nollenberger
City Manager
KN /eja
cc: City Attorney
Community Development Director
PURCHASE OF SERVICE
AGREEMENT
THIS AGREEMENT, entered into as of this day of , 1980,
by and between the Housing and Redevelopment Authority of Richfield, Minnesota,
• body public and corporate, (hereinafter called "H.R.A. "), and City of Richfield,
• municipal corporation organized and existing under the laws of the State of
Minnesota (hereinafter called "Richfield "), WITNESSETH:
WHEREAS, the H.R.A. desires to engage Richfield to render certain technical
advice and assistance in connection with the activities and projects of the
H.R.A.,
NOW, THEREFORE, for and in consideration of the mutual covenants and agree-
ments herein set forth, the H.R.A. and Richfield do hereby agree as follows:
1. Scope of Services to be Supplied by Richfield: Richfield shall furnish
to the H.R.A. all necessary services required by the Authority and as called for
by the Authority, including, but not limited to, furnishing the services of an
Executive Director, a Director, Administrative Services Director, Engineering
Staff, Planning Staff, Attorney, and Secretary (all hereinafter called "Services "),
and related equipment as below described and referred to (all hereinafter called
"Equipment ").
a. The Executive Director shall be the Manager of Richfield. He shall
have responsibility for the general supervision of the projects of the H.R.A.
and supervision of the personnel of Richfield who are to furnish services to the
H.R.A. pursuant to this agreement. He shall perform, or have performed, such
activities as the H.R.A. shall from time to time reasonably request. He shall
act as treasurer of the H.R.A. and he shall be responsible for the care and
custody of all funds of the H.R.A. and for the deposit thereof in the name of
the H.R.A. in such bank or banks as the H.R.A. from time to time shall designate;
for the keeping of regular books of accounts showing receipts and expenditures;
for rendering to the H.R.A., at each regular meeting of the H.R.A., of an account
of the income and expenses of the H.R.A. for the then prior month; for rendering
of such additional financial and other reports as the H.R.A. from time to time
shall request.
b. The Director shall be the Community Development Director of Richfield.
He shall perform all duties required by the Executive Director, including, but not
limited to, the following: coordinating and supervising all aspects of the
planning and development of projects of the H.R.A., including work of and
between consultants, contractors, and other employees of Richfield who are to
provide services to the H.R.A. pursuant to this agreement; supervising and
coordinating with, answering and acting on requests of, and meeting with
representatives of, other units of government; meeting with and counseling
local community groups and residents, and all other duties properly and
reasonably requested by the Executive Director.
c. The Administrative Services Director shall be the Administrative
Services Director of Richfield, and shall perform all duties required by the
Executive Director, including, but not limited to, the following: preparation
and maintenance of all financial books and records, and supervision of the
disbursement of funds; preparation of at least monthly reports reflecting income
and expenditures; preparation of recommendations for a budget and budget revisions,
internal audits, and other checks and revisions of the financial status of
projects; maintenance of all payroll, related accounts, including documentation of
amounts to be billed under the terms of this contract; and all other duties
necessary to the financial administration of the Authority and its projects.
He /She shall act as assistant to the Secretary of the H.R.A., including keeping
of the records of the H.R.A., acting as secretary at meetings of the H.R.A.,
recording all votes, and keeping the seal of the H.R.A.
d. The Engineering and Inspection Staff shall consist of the Community
Development Director of Richfield and his staff, and the Director of Public Safety and
his staff, and shall perform all duties required by the Executive Director, including
but not limited to, the following: all engineering and inspection work necessary
-2-
to the timely and successful completion of all work needed in connection with
Authority projects and not contracted for by the Authority with other engineering
consultants or contractors; coordination of all engineering work; public works
recommendations; review of plans and specifications for project improvements
prepared or submitted by consultants or contractors; preparation of plans and
specifications for all public improvements in projects; and review and recommendation
on all plans as they may relate to the streets, highways, sidewalks, alleys, utility
services, and construction techniques.
e. The Planning Staff shall consist of the Community Development Director
and Community Development staff of Richfield, and it shall perform all duties required
by the Executive Director, including, but not limited to, the following: All planning
and administrative work necessary to the timely and successful completion of all
Authority projects; coordination of all planning work; and review and recommendation
on all plans as they relate to land use, land controls, and other general
planning activities.
f. The Attorney shall be the Attorney of Richfield, and his assistants,
and shall perform all duties required by the Executivd Director, including, but
not limited to, the following: all legal work necessary to the timely and successful
completion of the projects of the Authority; drafting and reviewing contracts;
rendering legal advise and opinion on matters relating to the projects, when required
by the H.R.A.; attending meetings of the H.R.A.; and assuring that its activities
in relation to the projects' activities are in conformance with local, state, and
federal.law.
g. Equipment shall include office space, supplying of normal daily business
postage and office supplies, use of telephone and telegraph and reproduction
equipment, car expense, travel expense, and such other items as from time to time
may reasonably and properly needed by the Authority and as Richfield may then
agree to provide.
-3-
2. Time of Performance; Duration of Agreement: This agreement shall commence
as of May 12, 1975, and shall continue until January 1, 1976, and shall continue
thereafter on a year -to -year basis unless and until terminated by either party
hereto by notice given to the other on or before June 1 of any year, and this
agreement shall then terminate at the end of the calendar year in which such notice
is given.
3. Compensation to Richfield
a. Payment. H.R.A. shall pay Richfield for all Services and Equipment
furnished to the H.R.A. Such payments shall be made monthly for all Services and
Equipment furnished by Richfield during the previous month, and shall be made
within thirty (30) days after receipt by the H.R.A. of a statement from Richfield
for the month for which payment is to be made.
b. For Services. The amount to be paid by the H.R.A. to Richfield for
services shall be the total hours of Services actually rendered each month to the
H.R.A. by each employee of Richfield times the Hourly Rate for each such employee,
said Hourly Rate to be determined as follows:
(i) The Hourly Rate shall be the Total Annual Compensation
of that employee divided by the Base Hours for that employee;
(ii) The Base Hours shall be the minimum number of hours to be
worked by each Richfield employee as established from time
to time by Richfield, less the hours included for paid
vacations and holidays;
(iii) Total Annual Compensation shall be the annual compensation
for such employees as established by Richfield from time to
time, plus Richfield's contribution for health, life, and
disability insurance, and Richfield's contribution for
retirement and other benefits;
(iv) No charges, over and above the Hourly Rate, shall be made to
or payable by the H.R.A. for overtime work of Richfield
employees except such overtime as is approved in advance by
-4-
the Director. Such overtime as is so approved shall be
charged.to and paid by the H.R.A. at one and one -half
(1 -1/2) times the Hourly Rate for that employee;
(v) In no instance shall the total amount paid by the H.R.A.
to Richfield during any month for any employee exceed the
actual cost to Richfield of that employee for that month,
it being agreed that, for purposes of this subparagraph
(v), "cost" shall include Total Annual Compensation and
the cost to Richfield of vacations and holidays for that
employee.
C. For Equipment
(i) Three- Hundred and Seventy -Five Dollars ($375) per month
for office space, including use of typewriters, telegraph
and telephones, reproduction equipment, lavatories, and
lunch room, and supplying of normal daily business postage
and office supplies. This rent will be payable beginning
January 1, 1981.
(ii) A sum per month equal to the prevailing mileage rate for
the City of Richfield, times the number of miles the
Richfield employee's private motor vehicle is driven in
connection with H.R.A. activities.
(iii) A sum per month equal to rate charged by the Central Garage
for Richfield motor vehicles driven in connection with
H.R.A. activities.
(iv) For items other than those set out at (i) and (ii) of
this paragraph (iv.c.), the amount per month to be paid
shall be agreed upon in writing by Richfield and the H.R.A.
before Richfield shall be obligated to furnish or supply
such items and before the H.R.A. shall be obligated to
obtain them from Richfield.
-5-
(v) In the event this Agreement begins or ends on a day other
than the first day of a month, the payments for office
space for that month shall be prorated and be paid only
for that portion of the month during which this Agreement
is in force.
d. Attorney. The fees of the Attorney will be based upon the then
prevailing hourly fees charged to Richfield times the number of hours services
have been rendered to the H.R.A.
e. Travel. No travel expenses outside of the Minneapolis- St.Paul
Metropolitan area shall be charged to or paid by the H.R.A. unless the Executive
Director has consented thereto in writing in advance of the expenses being
incurred. If so consented to, only actual out -of- pocket expenses for travel,
food, and lodging shall be reimbursed by the H.R.A.
4. All notices or demands required or permitted to be given under this
Agreement shall be in writing and shall be deemed to be given when delivered
personally to any office of the party to which notice is being given, or when
deposited in the United States mail in a sealed envelope with registered or
certified mail postage prepaid thereon addressed to the parties at the following
addresses:
To Authority: 6700 Portland Avenue South
Richfield, Minnesota 55423
To Richfield: 6700 Portland Avenue South
Richfield, Minnesota 55423
Such addresses may be changed by either party upon notice to the other party
given as herein provided.
5. Affirmative Action Clause
a. H.R.A. agrees to submit a signed statement signifying that the
H.R.A. fully intends to comply with the standards of equal
employment and anti - discrimination as cited in the Civil Rights
Act of 1964 as amended in 1972 by the Equal Employment
Opportunity Act, said statement to be submitted on a form
provided by the City.
b. The H.R.A. agrees to submit a completed Equal Employment
Opportunity Report as required by the City's affirmative
action program.
C. In accordance with the City's affirmative action policy, no
person shall, on the ground of race, creed, color, sex, age,
disability,or national origin be excluded from full employment
rights in, participation in, be denied the benefits of, or be
otherwise subjected to discrimination under any program, service,
or activity for which the parties received, or will receive
financial assistance under the provision of any and all applicable
federal and state laws against discrimination. The H.R.A. will
furnish all information and reports required by the City or
Executive Order number 11246, and Revised Order number 4, and
by the rules and regulations and, orders of the Secretary of
Labor or the State of Minnesota for purposes of investigation
to ascertain compliance with such rules, regulations, and orders.
d. 1969 Minnesota Statutes 181.59 is made a part of this Contract
with the same force and effect as if it were here set forth
verbatim.
-7-
IN WITNESS WHEREOF, the Housing and Redevelopment Authority and Richfield
have executed this Agreement as of the date first above written.
HOUSING & REDEVELOPMENT AUTHORITY
by
Its Chairman
(SEAL) and
Its Executive Director
CITY OF RICHFIELD
by
Its Mayor
(SEAL) by
Its Manager
: 4"9
CITY OF RICHFIELD, MINNESOTA
Office of City Manager
Council Letter No. 152
Agenda April 28, 1980
The Honorable Mayor
and
Members of the City Council
City of Richfield
Council Members:
Subject: Purchases in Excess of $1,000
Chapter Six, Section 6.05 of the city charter stipulates that
the purchase of construction materials, supplies, and other items in
excess of $1,000 must be approved by the city council. On the
April 28, 1980 city council agenda there are five such items.
Greens Soil
On an annual basis, the golf course will require greens soil
although the amount needed is anticipated to decrease as the course
matures. The greens soil is a mixture of sandy loam, sand and peat.
The purchase price includes having the vendor obtain the materials
included in the mixture, doing the mixing and performing a screening
process. There is only one vendor in Minnesota who has submitted a
quotation. Any other quotation would need to be obtained from out
of Minnesota, and the cost would be substantially increased due to
trucking or shipping. The estimated quantity of greens soil needed
in 1980 is 240 yards. Our quotation provides this amount at $16.00
per yard. It is recommended the "city council authorize the purchase
of 240 yards of greens mix at $16.00 per yard from Leitner, Inc. for
• total purchase price of $3,840.00. This purchase price includes
• quantity discount.
Bleachers
As part of the golf course project, it was necessary to relocate
four girls softball diamonds used by the east Richfield youth ath-
letic organizations. These fields are scheduled to be ready for play
during the 1980 season. The city has established a project in the
capital improvement program for the purpose of providing minor im-
provements and furniture for park and recreation facilities. The
four new softball diamonds are in need of bleachers. Three quotations
for these bleachers have been received. It is recommended that the
city council authorize the purchase of eight sets of five row all
aluminum bleachers from Haldeman -Homme, Inc. at a delivered cost of
$5,612 or $701.50 per set.
Council Letter No. 152 -2- April 28, 1980
Pole and Luminaire
Two pole and luminaire assemblies in the LHN project area were
recently damaged in vehicle accidents. There is only one vendor
or representative for the particular style pole and luminaire used
in the LHN development. The quotation would provide two poles at a
cost of $865.00 each and two luminaires at a cost of $383.00 each.
It is recommended that the city council authorize the purchase of
two complete pole and luminaire assemblies, Sterner M88085, from
Jerry Carnes Associates, in the amount of $2,496.00
Window Blinds
The clubhouse at the golf course is nearing completion. For several
reasons, including aesthetics, control of light, ease in maintenance,
and energy conservation, the staff has determined that window blinds
are the best treatment for the windows in the golf course clubhouse.
The recommended treatment would provide 1" mini - blinds by Levelor
with a basic color and an accent stripe. The nine windows to receive
this treatment would provide visibility to the course while still
controlling light, much like a venetian blind would operate. The
aluminum construction provides ease of maintenance. In the summer,
the reflective side would be to the exterior and in the winter the
blinds would have an insulation factor, all of which contribute to
energy conservation.
Of the four quotations received, it is recommended the city
council approve the purchase of the required number of Levelor blinds
for the nine windows in the amount of $1,046.00, plus installation
cost of $130.00. The purchase price would also have to include freight
of approximately $1.50 per blind. The total estimated purchase price,
as quoted by Stewart Interiors, would be $1,192.50. Approval of this
purchase at this time will take advantage of a sale price ending
April 30, 1980.
Capacitors
The water division of the community services department has been
gathering data bout the power factor penalties imposed by Northern
States Power Company. The power factor penalties are imposed be-
cause of peak energy demands by consumers. The power companies
find it very difficult to meet the peak energy demands and offer
the penalty as an incentive to the customer to find alternatives to
reduce the peak hour demands. The water plant has had modifications
made to reduce the peak hour demand as much as possible.
The well pumps on 1 and 2 wells have power factor penalties now.
According to last year's electric power consumed and projecting it
into next year, the power factor penalties for Well No. 1 will be
$338 and Well No. 2 will be $154. To eliminate these penalties
will require the addition to the pump circuits as follows:
6 Council Letter No. 152 -3- April 28, 1980
i
Well No. 1 will need a capacitor of 26 KVAR costing $ 690.20
Well No. 2 will need a capacitor of 11 KVAR costing 353.60
Total cost $1,043.80
Labor to install both sets will be about 895.00
Total installed cost $1,938.80
The capacitors are designed to reduce the electrical flow in order
to reduce our peak hour demands.
The savings of $492 per year will amortize this cost in less
than four years. It is recommended that the city council authorize
the purchase of these capacitors at a total cost of $1,043.80 and
we can look for less costly installation methods and perhaps reduce
still further the pay -back time.
Under the terms of a developers agreement with Duraps, Inc. of Winnipeg,
Canada, the City of Richfield is responsible for the construction of some public
improvements surrounding the Coach Homes of Richfield site. The water and sanitary
sewer lines are part of the overall public improvements. The city's responsibility
is to extend the utility lines from their existing location to the property line.
The city engineer has received written quotations from three firms.
Under state law, contracts from $5,000 to $10,000 may be made from written
quotations after negotiating with the construction firms but at least two written
quotes are required. The three quotations are as follows:
Erickson Construction $7,536.00
Brown & Cris, Inc. 8,009.40
Q. R. S. Construction 9,492.00
Erickson Construction is currently doing work on the project site for Duraps and
apparently can do the work for the lowest price for that reason. The project is
part of CP 705 and will be financed from that account.
It is recommended that the city council aware the low quotation to
Erickson Construction in the amount of $7,536.00.
Respectfully submitted,
Karl Nollenberger
City Manager
KN /jf
cc: Community Services Director
Community Development Director
City Engineer _
CITY OF RICHFIELD, MINNESOTA
Office of City Manager
The Honorable Mayor
and
Members of the City Council
City of Richfield
Council Members:
Subject: Ordinance Amendment
Agenda and Rules of
Second Reading.
Council Letter No. 151
Agenda April 28, 1980
Relating to Order of Business,
Order of City Council Meetings,
At the April 14, 1980 city council meeting, the city council
gave first reading approval to an ordinance amendment which would
amend Sections 2.03, 2.05 and 2.07 of the ordinance code of the
City of Richfield. These three sections of the ordinance code re-
late to the order of business, council agenda and rules of order
for the city council meeting.
Section 2.03 of the ordinance code is amended so that the order
of Business of the city council may be determined from time to time
by resolution of the city council. Section 2.05 of the ordinance
code amendment relates to the council agenda in allowing the city
council to establish a period of time during council meetings when
members of the general public may appear and make comment to the
city council. It also allows the city council to make conditions
upon the appearance by these citizens. Finally, this section estab-
lishes a consent calendar, whereby the city manager may place items
of a non - controversial nature on the consent calendar. This will
eliminate the necessity for the city council to consider these items
individually.
Section 2.07 relates to rules of order and provides that special
rules may be adopted by ordinance or resolution as the council from
time to time deems necessary. A copy of the ordinance amendment is
attached to this council letter.
Also attached to this council letter is a resolution establish-
ing the order of business, as provided for by the ordinance amendment.
It is recommended that the city council give second reading approval
to this ordinance amendment, and adopt the resolution establishing
the order of council business.
Respectfully submitted,
Karl Nollenberger
City Manager
KN /jf
cc: City Attorney
LEGAL NOTICE
Bill 1980 -9
AMENDMENT TO SECTIONS 2.03,
2.05 AND 2.07 OF THE ORDINANCE
CODE OF THE CITY OF RICHFIELD
CITY OF RICHFIELD DOES ORDAIN:
Sections 2.03, 2.05 and 2.07 of the Ordinance Code of the City
of Richfield relating to order of business, agenda and rules of
order of city council meetings are hereby amended to provide as
follows:
"2.03. ORDER OF BUSINESS. At the hour appointed for the
meeting, the members shall be called to order by the Mayor, and in
his /her absence, by the acting Mayor. The Clerk shall call the roll
and note the absentees. If a quorum is present, the Council shall
then proceed with its business [in the following order]. Such
business shall include the following: --
(1) Approval of Minutes of Previous Meeting
(2) Administrative Reports
(3) Public Hearings, including Ordinance Hearings
(4) Other Public Appearances
(5) Proposed Ordinances
(6) Resolutions
(7) Other Business.
The order of business shall be determined, from time to time, by
resolution of the City Council.
"2.05. COUNCIL AGENDA.
Subdivision 1. Contents. The manager shall prepare an agenda for
each regular meeting. The agenda shall include the items set forth
[in the order of business as specified] in Section 2.03 of this
chapter.
Subd. 2. Completion of Agenda - Deadline. The agenda for any
regular meeting shall be compiled and completed by 4:30 PM on the
Wednesday preceding a meeting. Matters of an emergency nature not
on the agenda may be considered by the Council only upon a unanimous
vote of those [Councilmen] Council Members present. Notwithstanding
the foregoing provisions, the Council may by resolution provide for
a period of time during each Council meeting when members of the
general public may appear and make comment to the Council The con-
ditions for and limitations upon such comment may also be determined
by Council resolution. Matters commented upon during any such period
need not be regarded as action items at the meetings at which they
are introduced.
Subd. 3. Consent Calendar. In the prep aration of the agenda for a
meeting, the City Manager may place certain items of business on a-
-1-
'consent calendar'. Any member of the Council wishing to remove
any item from the consent calendar may do so at the time that the
consent calendar is reached on the general Council agenda. Any
item removed from the consent calendar shall become one of the
regular agenda items of the meeting and shall be taken up immedi-
ately after the consent calendar. All items not so removed from
the consent calendar may be passed by a single, non - debatable
motion. Matters proposed by the City Manager for the consent
agenda shall be those which he deems to be of a routine, non-
controversial nature.
"2.07. RULES OF ORDER.
Subdivision 1. Presiding Officer. The Mayor, or in his /her absence
the President Pro Tempore, shall preside at Council meetings, pre-
serve order and decorum, and decide questions of order. The Mayor's
duties under this subdivision shall be in addition to his /her
duties, rights and privileges as a [Councilman] Council Member.
Subd. 2. Special Rules. The following special rules shall be
applied:
(1) A member may be excused from voting on a matter duly before
the Council only with the unanimous consent of the other members
present.
(2) A motion before the Council shall be reduced to writing by
the Clerk at the request of any Council Member.
(3) Such other special rules may be adopted [and included in
this subdivision] by ordinance or resolution as the Council from time
to time deems necessary.
Subd. 3. General Rules. In all other matters of parliamentary pro-
cedure, the Council shall be governed by the latest printed edition
of 'Robert's Rules of Order'.
Subd. 4. Suspension of Rules. The operation and effect of any rule
established or followed pursuant to this section may be suspended
upon the unanimous vote of the Council."
Passed by the City Council of the City of Richfield, Minnesota this
day of
ATTEST:
1980.
Donald Priebe, Mayor
Sylvia K. Bergh, Acting City Clerk
-2-
RESOLUTION NO.
RESOLUTION REGARDING COUNCIL
AGENDA FORMAT
WHEREAS, Section 2.03, 2.05 and 2.07 of the Richfield City
Code establish the type of business and the general means by which
such business shall be conducted, of the city council., and
WHEREAS, Section 2.03 provides that the order of business shall
be determined by resolution of the city council,
NOW, THEREFORE, BE IT RESOLVED BY the City Council of the
City of Richfield that the following order of business shall be
determined for conduct of city council meetings:
1.
2.
3.
4.
5.
6.
7.
8.
9.
Approval of Minutes of Previous Meeting
Presentations
Public Appearances
Public Hearings, Including
Proposed Ordinances
Public Improvements
Resolutions
Administrative Reports and
Consent Calendar
Ordinance Hearings
Other Business
BE IT FURTHER RESOLVED that the following conditions shall be
established for the business item related to public appearances:
a J- C -.a, s.,L S
A. The period from the time at whicY� the meeting is called
to .order, and up to he first 3e minutes of the meeting
schedule shall be reserved for members of the general
public wishing to appear and make comment before the
council. If no such individuals appear during that period,
or if all individuals wishing to make such appearances
have completed their comments before the n- minute period
is concluded, the council may move on to '(the next item
of business. IS
B. Persons wishing to appear befo
state their na,e, address, and
succinctly, and no individual,
representing a single concern,
speak before the council for a
minutes unless given exemption
re the city council shall
business clearly and
or group of individuals
interest, or issue, shall
period to exceed f±5te � e
by the council.
C. The city council recognizes that any such items introduced
during such a public appearance period shall be of an
informational nature, and need not be regarded as items
needing action at the meeting at which they are introduced.
Each appearance making inquiry into matters of city
practice may be answered immediately or at a subsequent
council meeting after study and reivew by the city staff
and council.
BE IT FURTHER RESOLVED that the procedure hereinafter set
forth shall be applicable to the adjournment of the regular meetings
of the City Council:
1. It is the policy of the city council to adjourn such
meetings of the city council at 11:00 p.m. or as soon
thereafter as adjournment may be appropriate in the
circumstances;
2. At any such meeting of the city council, any member
of the council may, on or after 10:30 p.m., give notice
that in one -half hour, the hour of 11:00 p.m., will be
reached or shall have passed, as the case may be, and that
he /she is invoking the provisions of this resolution and
is calling for adjournment of the meeting at the expiration
of such half hour period. When such notice has been given,
the presiding: officer shall forthwith adjourn the meeting
when the half hour period has expired unless, before that
time, all of the other council members present vote to
continue with the meeting.
3. A motion to continue in session or a motion to adjourn
until a fixed date and time shall take precedence over
action to adjourn.
4 The provisions of this resolution shall not affect the
validity of any action taken by the council at any meeting
extending past the hour of 11:00 o'clock p.m.
BE IT FURTHER RECOGNIZED that this resolution "shall incorporate
and /or void all previous city council resolutions relating to the
conduct of official business, the order of such business and the
rules governing such business.
Done at the City of Richfield this 28th day of April, 1980.
Donald J. Priebe Mayor
ATTEST:
Sylvia K. Bergh Acting City Clerk
CITY OF RICHFIELD, MINNESOTA
Office of City Manager
Council Letter No. 150
Agenda April 28, 1980
The Honorable Mayor
and
Members of the City Council
City of Richf ield
Council Members:
Subject: Authorization to Submit Grant Application
The city recently received notice from the Office of Local and
Urban Affairs, a section of the State Planning Agency, that prelim-
inary applications are now being accepted for park and outdoor rec-
reation grants, fiscal year 1981.
The city staff is now preparing preliminary grant applications
related to park redevelopment at Rich Acres Park and the Fairwood/
Monroe Park complex. Due to the variety of formulas used in approv-
ing and funding these grants, it is difficult at this time to deter-
mine what financial commitment might be necessary on the part of
the city. However, should the applications be approved, the grant
funding would probably provide 50 -750 of the total project cost,
with the remainder of funding the responsibility of the city. Match-
ing funds for these projects could be derived from the long -range
capital improvement program.
The deadline for submission of the preliminary grant application
is May 2, 1980. It is, therefore, recommended that the city council
authorize submission of the preliminary park and outdoor recreation
grant applications as outlined above.
Respectfully submitted,
Karl Nollenberger
City Manager
KN /jf
cc: Community Services Director
-�?4 Z,�
CITY OF RICHFIELD, MINNESOTA
Office of City Manager
Council Letter No. 149
Agenda April 28, 1980
The Honorable Mayor
and
Members of the City Council
City of Richfield
Council Members:
Subject: Request for Varience 66th Street and Harriet Avenue,
Richfield State Agency
Richfield State Agency has requested a variance to the side
street sideyard setback to allow them to construct a 12 foot by 24 foot
structure to be used as a remote transaction facility. The facility
will be located at 66th Street and Harriet Avenue in the northwest
corner of the existing parking lot on the site. This facility would
include an after -hour depository and a 24 hour automatic teller ma-
chine. Exterior materials of the structure will include glass and
brick on the walls and metal fascia panels around the roof. The
structure will be located 18 feet from the north property line and
10 feet from the west property line of the site. Entrance to the
structure will be from the north and a sidewalk will be constructed
from the entrance to the public sidewalk on 66th Street. The site is
zoned C- 2,General Commercial. A variance is necessary to reduce the
streetside setback from the required 32 feet to 10 feet.
1. Section 3.33, Subdivision 6 and Section 3.32, Subdivision 4
of the zoning ordinance requires that a 40 foot setback be
maintained along all streets except as provided in Section
3.39 of the ordinance.
2. Section 3.39, Subdivision 2, Paragraph 2 of the ordinance
allows a smaller setback along streets where the average
setback is different than 40 feet.
3. Section 3.40, Subdivision 6 lists conditions which must be
met for variances to be issued.
Staff Findings
1. A special condition exists on the site. Harriet Avenue
would be vacated as part of the proposed Richfield State
Agency. If Harriet Avenue is vacated the requested variance
would no longer be necessary. If the proposed PUD and
street vacation doesn't proceed, then a special condition
would not exist on the site, however.
Council Letter No. 149 -2- April 28, 1980
2. The variance is not necessary to protect substantial
property rights. The planning staff feels that the
denial of the variance would not prevent the applicant
from using the site as it presently exists or from loca-
ting the proposed structure elsewhere on the site where
a variance would not be required. In my judgment, the
city council could find that the condition for a variance
is met due to the necessity to provide good services to
the customers of the bank from convenient locations.
3. The proposal would not be detrimental to the public wel-
fare. The structure will not obstruct visibility at the
corner. The use of brick on the exterior will present
a good aesthetic appearance. The facility should not
increase traffic on surrounding streets, but will better
serve existing customers. The facility should relieve
some of the traffic and congestion around the existing
drive -up bank facilities by providing another option to
bank customers. Five parking spaces would be lost in the
existing parking lot.
Staff Recommendation
It is the recommendation of the Community Development Director,
that because the three conditions on the site have not been met, that
the variance be denied. In my judgment, the three conditions are
met and the variance should be approved.
Planning Commission Recommendation
The planning commission at their meeting of April 22, 1980,
recommended that the variance be granted.
Respectfully submitted,
I
Karl Nollenberger
City Manager
KN /eja
cc: Community Development Director
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LAND USE
CHARACTERISTICS
CITY OF RICHFIELD, MINNESOTA
Office of City Manager
Council Letter No. 148
Agenda April 28, 1980
0..fy /p.�v ems. � S - D
The Honorable Mayor
and
Members of the City Council
City of Richfield
Council Members:
Subject: Review of the Bloomington Comprehensive Plan
The City of Richfield received the Bloomington Comprehensive
Plan (preliminary draft) in November, 1979. According to Section
473.858 Subdivision 2 of the Metropolitan Land Planning Act, the
city is required to review this plan within six months.
The Comprehensive Plan has been reviewed by the staff, and
was reviewed by the Planning Commission at its meeting on March 25,
1980. This review found the plan to contain no policies, goals, or
plans which conflict with Richfield programs and plans. The Public
Safety Department, after reviewing the land use and transportation
elements, found "nothing that would have a direct impact on us, at
least from a public safety standpoint." Housing and Redevelopment
Authority staff commented that, although Bloomington, with its un-
developed land, has a greater potential for providing a variety of
housing alternatives and can, therefore attract some families that
would otherwise locate in Richfield, Bloomington's housing programs
are not expected to significantly impact Richfield because of the
high demand for housing in Richfield.
The Bloomington Plan is comprised of eight elements, highlights
of which are outlined and discussed below. The outline below is for
the council's interest; only the Transportation Element ( #5) appears
to have implications significantly affecting Richfield.
1. Land Use
- Emphasis on encouraging land use compatibility and utilizing
buffering techniques.
- Locational considerations, such as transportation systems
and land use constraints are factors for determining develop-
ment intensity for different areas.
- Because of encouragement of higher density residential devel-
opment, Metropolitan Council is requested to revise their
housing and population forecasts. Richfield staff feels that
such development supports the Metropolitan Council goals of
maximizing the existing infrastructure and restricting urban
sprawl.
Council Letter No. 148 -2- April 28, 1980
- The area east of Cedar Avenue is expected to undergo the
greatest change with the development of large tracts of vacant
land and redevelopment of the Metropolitan Stadium site.
While development will increase traffic generated from this
zone, forecasts by Bloomington and the Metropolitan Council
indicate that proposed development will not adversely impact
regional transportation systems (including I -494 and Cedar
Avenue). Traffic flow modeling on I -494 is, therefore, not
considered necessary.
- The area west of Normandale Boulevard will continue to be
developed, with vacant land to be used half as industrial and
half for residential purposes, of mostly high and medium den-
sity.
- Most of the rest of Bloomington is developed. Some infill
development and some subdivision of larger lots can be ex-
pected. Housing conservation and rehabilitation strategies
will be emphasized. Continued development along I -494 is not
expected to generate significant traffic increases.
2. Environmental Protection
- Emphasis on protection and preservation of natural environ-
ment areas and other special areas, including wetlands, lakes,
bluffs, valley bottoms and sides, floodplains, wildlife habi-
tat areas, and representative stands of plant communities.
- Require planting of trees with development.
- Protect and develop wildlife corridors.
- Promote energy conservation, development of solar energy use,
and protection of solar access. Bloomington encourages the
state to increase their insulation standards. Site plans will
be reviewed to ensure that north -west exposures are protected.
- Urban design element includes protection of the river bluff
line, development of overlooks and vistas, and development of
signage standards.
- Noise reduction strategy to include setback emphasis, continued
enforcement of motor vehicle noise regulations, and encour-
agement of tree planting, for buffering.
- Plan includes element for preservation of cultural and his-
torical resources.
3. Housing
- Two primary goals of this element are:
a) Expand housing opportunities for low and moderate income
persons.
b) Preserve and improve existing residential neighborhoods
by encouraging housing maintenance and rehabilitation.
- Greater emphasis on higher density, multi - family development.
- Development of 1,000 new assisted housing units with an equal
allocation for single bedroom and multi- bedroom units. De-
velopment will be mostly scattered site or mixed in with market
rate housing in PUD's.
Council Letter No. 148 -3- April 28, 1980
- Development of 1,100 new modest cost housing units.
- Monitor condominium conversion to prevent adverse impact on
apartment vacancy rates.
- Encourage design that promotes security, energy conservation,
and clustering.
- Establish concentrated improvement programs for targeted areas
including removal of dilapidated structures, scattered site
replacement with assisted housing, investment in community
facilities, and enforced compliance of housing codes with sen-
sitivity to financial constraints on occupants.
4. Airport
- Promote reduction of noise impacts by:
a) regulating land use compatibility with Leg70* noise con-
tour.
b) noise insulation program for retrofitting structures with-
in L 70 noise contour.
eq
c) requiring noise insulation for new construction with,Leg65
noise contour
d) supporting operational improvements of air traffic to
reduce noise impacts.
e) establishment of permanent noise monitoring program.
- Support of Joint Zoning Board and the encouragement of dele-
gation of zoning regulations back to municipalities.
5. Transportation
- Approves of classification system and standards for develop-
ment of transportation system. Proposed system is in agree-
ment with Richfield plans, except for Nicollet Avenue, which
our staff feels has a high traffic volume level characteris-
tic of a minor arterial.
- Land use development and transportation system will be coor-
dinated.
- Presents strategies for reducing traffic volume growth and peak
hour traffic congestion, include preferential lanes for multi -
passenger vehicles, improved transit systems, and encouraging
flexible work scheduling, and car and van pooling.
- Imprementation of permanent street paving program to replace
temporary surface on 50 percent of local streets.
- Promote construction of a bridge across the Minnesota River
for County Highway 18. Richfield supports improvements that
will reduce traffic volumes on I -494 and I -35W, especially
within Richfield.
- Upgrade the transit system, including establishment of a tran-
sit terminal on I -35W and improvement of transit service with-
in the transit planning region and especially along I -494.
This need for improvement has also been noted by Richfield.
* Leg70 is a measure of sound equal to an average sound level of
70 decibles 9dBA).
Council Letter No. 148 -4-
April 28, 1980
- Calls for major redesign of transportation corridor along I -494,
including establishment of a ring route on 79th /80th Streets
with bridges over I -35W, State Highway 77, and Normandale
Boulevard and the development of a freeway collector- distri-
butor system. These are major regional transportation needs
that will significantly reduce congestion and improve access
and safety along I -494, and reduce traffic on 76th Street.
These proposals have been developed by a coordinated effort
between Richfield and Bloomington.
6. Community Facilities
- Acquisition phase of park and open space development programs
is essentially complete. Future emphasis will be on developing
recreational areas.
- Proposal that fire station #1 be reconstructed and that a new
library be built in west Bloomington.
7. Utilities
- Continued development and improvement of essentially completed
system.
- Elimination of on -site sewerage treatment systems where hook-
ups are available or feasible.
8. Implementation
- Includes discussions on zoning and subdivision ordinances and
amendments, capital improvements program, community develop-
ment block grant program, housing implementation, and evalua-
tion and monitoring.
The Planning Commission has recommended that the city council
notify the City of Bloomington and the Metropolitan Council that this
Comprehensive Plan is compatible with City of Richfield goals, poli-
cies and programs. The staff recommends that comments be forwarded
to the City of Bloomington indicating that Richfield supports contin-
ued development of Bloomington, but is also concerned that traffic
levels through Richfield do not increase significantly and negatively
impact residential areas as a result of such development, and that
the City of Richfield desires to continue to be informed of major
development proposals and if these proposals potentially might impact
Richfield the city desires to be involved in their review.
Copies of the Bloomington Comprehensive Plan have not been dis-
tributed because of the size. A copy is available for review in the
Community Development Department office.
Respectfully submitted,
l
Karl Nollenberger
City Manager
KN /jf
cc: Community Development Director
CITY OF RICHFIELD, MINNESOTA
Office of City Manager
Council Letter No. 147
Agenda April 28, 1980
The Honorable Mayor
and
Members of the City Council
City of Richfield
Council Members:
Subject: Police and Fire Pension Legislation
At the last city council meeting I attempted to give a
brief description of the Omnibus Tax Bill which was approved
by the State Legislature in the session recently adjourned in
St. Paul. I felt that it would be appropriate at the April
28, 1980 city council meeting to give you a more detailed dis-
cussion of the police and fire pension legislation so that
you would be aware of all aspects of the bill since other
items will be coming to your attention in the near future.
A bill approved early in the legislative session increased
the contribution made by police officers and firefighters to
the police and fire relief associations from 6 percent to 8 per-
cent of a first class patrol officer or firefighter's salary.
This provision was to go into effect on January 1, 1981. Add-
itionally, there was a proviso added to the bill which stated
that "to avoid undue increase in the amount of employee contrib-
utions in any one year, any increase in the amount of-contrib-
utions required by this section may be spread over several
years, but the increase in rate of contribution in each year
commencing in 1981 shall not be less than 1 percent until the
appropriate levels of required employee contributions have been
reached." This effectively allows the governing body of the
municipality to increase the employee contributions from 6
percent to 7 percent on January 1, 1981 and from 7 percent to
8 percent on January 1, 1982. Without action by the city council
in any form the contribution will automatically go to 8 percent
on January 1, 1981. It is anticipated that the fire and police
relief associations will request a phased contribution rather
than an immediate increase of 2 percent.
The new pension legislation included in the Omnibus Tax
Bill reemphasizes the fact that the association must procure
actuarial surveys showing the condition of the funds effective
December 31, 1978, and every two years thereafter. For this
reason, early in 1981 the association will be required to put
together actuarial reports to be transmitted to the city
Council Letter No. 147 -2- April 28, 1980
council for contributions to be made in 1982.
As a concession to police and fire officers in the state
of Minnesota,-the PERA Public Pension Plan included an increase
in benefit levels for spouses. The new provision states that
the maximum monthly benefit for any one family shall not exceed
an amount equal to 50 percent of the member's specified monthly
average salary, where previously that section-indicated that
maximum contribution would be $450. This proviso was added to
offset the concerns expressed by many individuals that the
spouse benefit in the PERA Public Safety Plan was not as equit-
able as the current relief association plans.
As has been relayed to the city council previously, the
new legislation requires that all new police officers and fire
fighters hired after August 1, 1980 would be required to become
members of the PERA Public Safety Pension Fund. City Councils
have the right through August 15, 1980 to pass a resolution re-
questing the state to leave their new police and firefighter
hirees in the local relief associations. Without council action
the matter would have become automatically one whereby new
officers and firefighters went into the statewide plan. In add-
ition, the Richfield amendment was added to the bill stating
that any actions by the City of Richfield providing by ordinance
for membership for newly employed police officers or police officer
trainees, or firefighter or firefighter trainees, in the police
and fire fund which occurred prior to final enactment of this
act, are ratified and confirmed. This clarifies any situation
for new police officers and firefighters hired by the City of
-Richfield subsequent to April 1, 1980 and before August 1, 1980.
This provision effectively freezes the membership of the relief
associations at the existing firefighters and police officers
with the effect of eventually phasing them out of existence.
When all active members of the relief associations retire, or
terminate from active duty., the local relief association shall
cease to exist as a legal entity. The assets of the fund are
transferred to a trust fund governed by five beneficiaries of
the fund. As soon as there are less than five beneficiaries of
the fund, the assets are controlled by the respective municipal-
ities. Any fund left over upon termination of the plan would
become the property of the municipality.
Effective in 1982, the state will make additional contrib-
utions to police officer relief associations and firefighter
relief associations which begin to phase out of existence in
accordance with the new law. The state contribution will
amount to approximately $62,000 in the case of the City of
Richfield. This calculation is made by taking the difference
between the normal cost plus amoritization of unfunded liability
through the year 2010 and the normal cost and interest on the
unfunded liability. You may recall that the city currently
is funding at the level of normal cost plus the interest on the
unfunded liability. However, our special legislation requires
Council Letter No. 147 -3- April 28, 1980
us to fund at a level of normal cost plus amoritization of the
unfunded liability. The tax increase which the City of Rich-
field is looking at in 1981 in order to increase its funding,
will now be offset by state funds. Since the state will not
be initiating their state aid program until 1982, it is suggested
that the city not begin funding its unfunded liability until
1982. This will eliminate the necessity of a tax increase in
1981 with a subsequent decrease in 1982 for this purpose.
The,-police and fire bill included a provision for a benefit
increase for relief association members. It indicates that
police and fire relief association members shall be entitled to
receive, after the effective date of the modification of pension
coverage for newly employed personnel, a retirement annuity in
addition to the the service pension to which the member may be
eligible upon retiring. The additional retirement annuity shall
be payable for the life of the retired member. The addditional
annuity shall be equal to one -half of one percent of the salary
upon which the service pension is.calculated payable on the date
of termination of active service per-year of service credit
acquired in excess of 25 years of service credit. The time of the
annuity under this subdivision shall not be subject to any post
retirement increases granted pursuant to increases in the salary
payable to certain employees and categories. This provision
effectively states that 35 year employees can retire with their
normal 50 percent of salary provision with an additional 5 percent
(10 x .5 percent) of salary which is not escalated. Elsewhere
in the legislation it indicates that the governing body of a
participating muncipality is authorized by resolution approved
by a majority of the members of the governing body following
consideration of an actuarial analysis of the effect of any
change, to increase the service pension or retirement benefits
provided by, or modify any provision of the benefit plans of
either a police relief association or salaried firefighters
relief association. The total cost of any increase or modifica-
tion including the amoritization by the applicable date to
amoritize specified benefits and any prior applicable special
legislation shall not exceed 1.26 percent of covered payroll.
The provision allows the city to allow any other benefits other
than the 1/2 percent a year beyond the 25 years of service
provided earlier in the legislation. The firefighters and
police officers in Richfield are looking at the possibility of
two alternate benefits. The first is an increase in benefit
to the retirees, so that they can utilize the amount of money
as additional payment for health insurance costs of the retiree.
The other benefit would be to increase the percentage of benefit
a spousereceives upon death of a police officer. At the present
time a spouse receives approximately 25% of a first class patrol
officer's salary, while a firefighter's spouse receives approx-
imately 40% of a first class firefighter's salary. We are
doing an analysis of these benefits in terms of actuarial costs
i.
Council Letter No. 147 -4- April 28, 1980
and should be reporting to the city council in the near future
concerning the potential of implementing these in lieu of the
first named benefits.
On April 23, 1980, the Governor signed the Omnibus Tax Bill.
The city can now proceed with the hiring of three new firefighters.
I will attempt to give you an up -to -date report on this matter at
the council meeting on Monday night.
Respectfully submitted,
i
Karl Nollenberger
City Manager
KN /ej a
cc: Director of Public Safety
Director Administrative Services
CITY OF RICHFIELD, MINNESOTA
Office of City Manager
Council Letter No. 146
Agenda April 28, 1980
[,)—f _( "' �v ems. I S -C
The Honorable Mayor
and
Members of the City Council
City of Richfield
Council Members:
Subject: Amendment to Fire Mutual Aid Agreement
For a number of years, the City of Richfield has been a
participant in the Southwest Fire Mutual Aid Association. This
is an organization established under a Joint Powers Agreement
to provide for the exchange of firefighting resources to deal
with emergency situations in any member community. In addition
to the City of Richfield, the following jurisdictions are current-
ly members of this organization: Bloomington, Eden Prairie,
Edina, Golden Valley, Hopkins, Minnetonka, St. Louis Park and
the Metropolitan Airport Commission.
The terms of the current agreement provide only for the ex-
change of personnel during emergency situations. For sometime,
as a practical matter, there has also been a sharing of personnel
to assist with fire - related investigations. Primarily, such
investigative activity deals with arson situations, in determining
the source of origin and the incinderary catalyst creating a fire.
A concern has recently developed within the joint powers
organization regarding the liability coverage for personnel
assisting in fire investigative functions, since the agreement
only addresses the issue of liability coverage during actual emer-
gency situations. Therefore, the Southwest Fire Mutual Aid
Association has determined that it would be desirable to amend
the joint powers agreement to more specifically provide for the
sharing of personnel to provide fire investigative assistance.
It is the recommendation of the Public Safety Director, in
which I concur, that the city council authorize the Mayor and
City Manager to execute this amendment to the Joint Powers Agree-
ment in the Fire Mutual Aid Organization.
Respectfully submitted,
Karl Nollenberger
City Manager
KN /eja
cc: Public Safety Director
5a. When in the opinion of the local Fire Chief, Fire Marshal or Fire Investigator,
there is a fire incident in their community that needs additional trained investigative
assistance, they shall be able to call on the participating departments to this agree-
ment to get assistance of their trained investigator.
This mutual aid service is designed to supplement, not replace the services of the State
Fire Marshal's Office or the Arson Investigation Unit of the Hennepin County Sheriff's
Department or any like agency.
CITY OF BLOOMINGTON MPLS /ST. PAUL METROPOLITAN AIRPORT COMM.
,By.
By
By
By
CITY
OF
EDEN PRAIRIE
CITY OF MINNETONKA
By
BY
By
BY
CITY
OF
EDINA
CITY OF RICHFIELD
By
By
By
By
CITY
OF
GOLDEN VALLEY
CITY OF ST. LOUIS PARK
By
BY
By
BY
CITY
OF
HOPKINS
By
By
/6
CITY OF RICHFIELD, MINNESOTA
Office of City Manager
Council Letter No. 145
Agenda April 28, 1980
rayft_0ve_-A 0 S -O
The Honorable Mayor
and
Members of the City Council
City of Richfield
Council Members:
Subject: Agreement with Richfield Swim Club for Use
of Municipal Swimming Pool Facilities
Each year for the past several years, the city has entered
into an agreement with the Richfield Swim Club providing for the
club's use of the city's outdoor swimming pool facility for a two -
day swim meet. The Richfield Swim Club has again requested such
an agreement with the city for 1980.
The proposed agreement would provide for the Richfield Swim
Club to host an AAU sanctioned class swim meet for two days at the
outdoor Richfield municipal swimming pool. The proposed dates of
the 1980 swim meet are Saturday, July 12 and Sunday, July 13, 1980.
This agreement with the Richfield Swim Club provides that the city
would close the pool to open swimming on the two days of the club's
sponsored meet.
The Richfield Park and Recreation Advisory Commission reviewed
this requested agreement at their April 8, 1980 meeting. It is
the recommendation of the advisory commission and the Community
Services Director, in which I concur, that the city council author-
ize an agreement with the Richfield Swim Club providing for closing
of the municipal pool on July 12 and July 13, 1980 to enable the
Richfield Swim Club to host a competitive swimming meet at the
city pool on those dates.
Respectfully submitted,
Karl Nollenberger
City Manager
KN /eja
cc: Community Services Director
/a
CITY OF RICHFIELD, MINNESOTA
Office of City Manager
Council Letter No. 144
Agenda April ?8, 1980
`>, f�°A -o , - - O
The Honorable Mayor
and
Members of the City Council
City of Richfield
Council Members:
Subject: Agreement for Engineering Services, Lift
Station #3
The adopted 1980 operating budget and adopted 1980/85 Capital
Improvement Program includes a project for renovation of Sewer Lift
Station #3. There are 4 lift stations in the City of Richfield.
The proposed project is part of a plan to renovate one lift sta-
tion each year. Lift Station #4, in the vicinity of 74th Street
and 14th Avenue, was renovated in 1979. Lift Station #3, in the
vicinity of 77th Street and Knox Avenue is scheduled for renovation
in 1980. The city's lift stations are nearing full depreciation
and major components should be replaced or renovated. Above grade
lift pumps and controls will be replaced with more advanced and
efficient submersible systems. Hundreds of homes could be poten-
tially subject to damage should any of these sanitary sewer lift
station facilities fail to operate properly.
The proposed agreement between the City of Richfield and Orr -
Schelen- Mayeron and Associates, Inc. calls for performance of pro-
fessional engineering services in connection with improvements to
Lift Station No. 3. The services would include 1) a preliminary
plan and report including a construction cost estimate, 2) atten-
dance at public hearings, 3) preparation of final working drawings,
plans and specifications, including attendance at bid openings;
preparation of contract forms; and recommendations as to the ac-
ceptance of bids, 4) general supervision of the work under construc-
tion and periodic inspection, at least once a week, at the site of
the work, 5) the provision of "as- built" plans upon completion of
any construction work. For the services outlined above, the city
would agree to pay a sum equal to thirteen percent (130) of the
construction cost of the work for which the consultant has provided
engineering services, not to exceed $6,200, whichever is less.
It is recommended the city council approve an agreement with
Orr - Schelen - Mayeron and Associates, Inc. for engineering services
related to Lift Station #3, in an amount not to exceed $6,200.
Respectfully submitted,
1
Karl Nollenberger
City Manager
KN /jf
cc: Community Services Director
i
CITY OF RICHFIELD, MINNESOTA
Office of City Manager
� , /3
Council Letter No. 143
Agenda April 28, 1980
The Honorable Mayor
and
Members of the City Council
City of Richfield
Council Members:
Subject: Authorization to Advertise for Proposals,
7301 Xerxes Avenue South
The house at 7301 Xerxes was acquired by the city for expansion
of Adams Hill Park in 1973. Since that time, the house has been
managed by the HRA as a rental property.
Because of the park development program, the
moved from its present site during June 1980. The
taken responsibility for selling the structure and
eral alternatives. There are four options, listed
order, which appear to be feasible within the time
moving of the house:
house must be re-
HRA staff has
has reviewed Sev-
in preferential
available for
1. The house could be sold to a private developer, for moving
to a lot within Richfield, and sold under the FHA 235 pro-
gram. This alternative would help the city achieve its
housing goals under the Housing Assistance Plan. The 235
program provides mortgages with reduced interest rates to
qualified low -to- moderate income families.
2. The house could be sold for relocation and rehabilitation
within the city without regard for our housing program.
3. The house could be sold for relocation and rehabilitation
outside the city.
4. The house could be demolished.
The HRA does not own a suitable parcel of land to relocate this
house. Thus, it will be necessary to dispose of the house in a man-
ner such as is described in these alternatives.
It is recommended that the city council authorize advertising
for proposals for these options by adopting the attached resolution.
The staff will review proposals and make a recommendation to the
city council at the May 27, 1980 city council meeting.
Respectfully submitted,
1
Karl Nollenberger
City Manager
KN /jf
cc: Community Development Director
HRA Commissioners
t
I
RESOLUTION NO.
A RESOLUTION AUTHORIZING ADVERTISEMENT FOR
PROPOSALS FOR THE REMOVAL OR DEMOLITION OF
THE HOUSE LOCATED AT 7301 XERXES AVENUE
SOUTH
WHEREAS, the City of Richfield is the owner of certain
property located at 7301 Xerxes Avenue South, said property
being legally described as follows:
Lot 20, Block 1, Penn Lake Terrace Second Addition
County of Hennepin
WHEREAS, there is a single family structure on said
property; and
WHEREAS, the City_ desires to remove said structure from
the parcel; and
WHEREAS, the City desires that the structure, after
being removed, be placed on a lot in the City of Richfield
and rehabilitated under th.e provisions of the Federal
Housing Administration 235 program; and
WHEREAS, if it is not practicable to rehabilitate the
home under that program, the City would desire that the home
be moved to a lot in the City of Richfield and rehabilitated
by some other means.; and
WHEREAS, if neither of the above options is practicable
the City would desire that the home be. removed to a site
Located outside the City of Richfield; and
WHEREAS, if none of the above options were possible,
the City would desire that the house be demolished and the
lot cleared.
NOW THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL
OF THE CITY OF RICHFIELD:
1. That the City Manager is authorized and
directed to advertise for _proposals for removal
or demolition of the house located at 7301 Xerxes
Avenue South.
2. That the proposed bidders be informed that
the order in which the 'above options are listed
indicates the order of preference of the City.
3. That the deadline for submitting the pro-
posals be May 14, 1980 and the City Council shall
consider the proposals at its meeting of May 27,
1980.
CITY OF RICHFIELD, MINNESOTA
Office of City Manager
Council Letter No. 142
Agenda April 28, 1980
A-" &_0 v e-A
The Honorable Mayor
and
Members of the City Council
City of Richfield
Council Members:
Subject: Request for Zoning District Change, Special
Use Permit and Variances, 7645 Nicollet
Avenue - Superamerica Stations, Inc.
Mr. Michael D. Holt, representing Superamerica Stations, Inc.
has requested a zoning district change from C -1 neighborhood bus-
iness to C -2 general commercial, to allow demolition of the existing
Superamerica service station, and construction of a new Superamerica
service station store at 7645 Nicollet Avenue.. The proposed station
is to be a full line convenience service station store.
Contingent upon rezoning of the property from C -1, neighborhood
business, to C -2, general commercial, the applicant has also request-
ed a special use permit, which is necessary to allow gasoline service
stations in C -2 general commercial districts. Contingent upon the
rezoning are requests for variances to allow construction of a free
standing canopy; to reduce the required rear yard setback of 25 feet
to 4 feet; to reduce the required sideyard setback of 15 feet to
6.75 feet; to reduce the setback of the parking area adjacent to
an "R" district from the required 15 feet to 6.75 feet on the north
property line and to 13.66 feet on the east property line. The
zoning district change, special use permit, and variances will allow
Superamerica, Inc. to demolish the existing building and construct
a new service station store on the site.
This property was originally zoned for single family uses. In
1954 the zoning was changed to C -1 neighborhood commercial. Shortly
thereafter a dairy store was built on the site. In 1964, the dairy
store was replaced by a Mobile service station. In 1968 the Rich-
field zoning ordinance was changed to prohibit service stations in
the C -1 zoning districts entirely, and require that service stations
be allowed in C -2 general commerical zones only if a special use
permit is obtained. In July, 1977, Superamerica applied for a
zoning district change from C -1, neighborhood business, to C -2,
general commercial, to allow the operation of a service station
store. The planning commission recommended denial of the rezoning
request, and the city council denied the requested rezoning at a
public hearing. Therefore, a gasoline service station at this
location is classified as a non - conforming use. As a non - conforming
f
use the station cannot be structurally altered or structurally ex-
panded, unless the zoning is changed from C -1 neighborhood business
to C -2 general commercial.
It is the opinion of the staff that the request for the zoning
district change should be considered first. The special use permit
and variances are contingent upon granting of a zoning district
change. Section 3.42 of the zoning ordinance establishes the pro-
cedure for amendments to the zoning ordinance, including rezonings.
The adjacent lots to the north, east and west are zoned "R ",
single family residence, and the adjacent lot to the south is zoned
"I ", industrial. The existing C -1 neighborhood business zone can be
considered spot zoning, since the surrounding lots are primarily
zoned "R" single family residence. Because the zoning district to
the south is zoned "I ", industrial, the applicant's property does
not provide continuity for zoning district transition to the north,
east, and west of the property. This can have an indirect deteri-
orating effect on the neighborhood resulting from increased traffic
at the site, can establish a conflict between the operating hours
of the service station and residential life styles, and can create
noise and litter pollution and commercial encroachment into residen-
tial neighborhoods. Seventy- seventh Street serves as a physical and
psychological barrier between the commercial uses to the south of
77th Street and residential uses to the north. Rezoning the property
to C -2 general commercial would perpetuate spot zoning because C -2
general commercial is a higher intensity use than C -1 neighborhood
business.
There is no market force or lack of appropriate commercial
sites in Richfield or the Southwest Metropolitan area that would
necessitate rezoning of this particular property.
Although traffic volumes on Nicollet Avenue would probably not
increase as a result of the rezoning, on -site traffic would probably
increase due to the merchandising character proposed at the site.
The existing traffic volume on Nicollet Avenue is 13,846 ADT. The
applicant conducted a traffic study for a similar store at the cor-
ner of 66th Street and Washburn Avenue during November, 1978 which
indicated that added traffic on the surrounding street system gener-
ated by the proposed service station will not cause a noticeable change
in traffic flow conditions. The study indicates the development will
add 2 -3 percent to existing traffic. It is the staff opinion that a
similar situation will occur at the Nicollet and 77th Street loca-
tion, and that the increase in traffic on the surrounding street
system would not be significant. Also, a study conducted by the
Illinois Section of the Institute of Transportation Engineers indi-
cates that 54 -58 percent of the users of service stations are already
in the area on their way to another destination. Although the pro-
posal will not significantly generate new traffic to the area, it
probably will generate more traffic on the site because the proposal
calls for expanded retail sales.
Council Letter No. 142 -3-
April 28, 1980
The proposed service station store at this site is contrary
to the City of Richfield's Comprehensive development Plan, which
indicates the site for low density single family use.
It is the opinion of the staff that because the proposal is not
in compliance with the Comprehensive Development Plan, and because of
the possible negative effect on the neighborhood by allowing commer-
cial uses on the site, the request for a zoning district change from
C -1 neighborhood business to C -2 general commercial should be denied.
In the event the ordinance requesting rezoning is approved by the
city council, the special use permit and variance will need to be
considered after second reading of the ordinance. An ordinance on
rezoning requires four - fifths vote of the city council.
At their December 18, 1979 meeting, the planning commission
voted 8 -0 to deny this request.
Respectfully submitted,
Karl Nollenberger
City Manager
KN /jf
cc: Community Development Director
PA
SUPERAMERBCA®
DIVISION OF ASHLAND OIL, INC.
City Council
City of Richfield, Minnesota
1240 W. 98TH STREET
BLOOMINGTON, MINNESOTA 55431
612-887 -6100
December 3, 1979
Honorabfe Mayor and Council Members:
We are requesting that the zoning for our property at 7645 Nicollet
Avenue in Richfield be changed from its existing C -1 to C -2 General
Commercial.
We want to change the island location and provide a canopy for
self service customer protection and construct a full line convienience
store on the premise.
With the existing zoning we are limited to items we can sell on the
premises. We feel the area needs a convienience store of our type and
the area will be well served by such an operation.
Enclosed please find the required documentation, maps, site plan,
and signatures as well as a rendering indicating the type of structures
that are planned.
We hope you look with favor on this request.
/ 4GWX � 0/9v-
Michael D. Holt
Architectural Engineer
4113
D KI 99
1/1/66 REQUEST FOR REZONING FROM C-1 TO C-2
FOR THE FOLLOI�JING PURPOSE of remoderi—ng the existi—n—g—TAobil
station into a Superamerica station store
LEGAL DESCR IPT ION:
Lots 9, 10, Block 4, A. G. Bogen Co.'s Nicollet Avenue Addition
It
WE, THE UNDERSIGNED, BEING OWNERS OF LAND WITHIN 300 FEET OF THE LAND ABOVE DESCRIBED, DO HEREBY CONCUR
IN THIS REZONING REQUEST,
SIGNATURE OF OMERS ADDRESS LEGAL DESCR IPT ION -
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REQUEST FOR REZONING FROM C -1 TO C+ -2
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station into a Superamerica station store
LEGAL DESCRIPTION:
Lots 9, 10, Block 4, A. G. Bogen Co.'s Nicollet Avenue Addition
WEB THE UNDERSIGNED, BEING OWNERS OF LAND WITHIN 300 FEET OF THE LAND ABOVE DESCRIBED, DO HEREBY CONCUR
IN THIS REZONING REQUEST,
ADDRESS LEGAL DESCRIPTION
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for the city of rachfield
LAND USE:
description
density
principal uses
Cumbinat ,,on of multiple
dwellings, office, research
Mixed Land Use
High
industrial, hotel, motel,
institutional, and retail
commercial
Combination of office,
institutional, light and
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Mixed Land Use
High /Medium
research oriented industrial,
retail commercial,
and mul-O ple dwellings
Combination of office, retail
commercial, entertainment and
Central Business
eating establishments, small
®
District
High/Medium
comparison shopping and service
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businesses, institutional,
limited cultural, recreational
facilities, and multiple
dwellings
Combination of single family
dwellings, multiple dwellings,
Mixed Land Use
Medium
townhouses, and neighborhood
convenience commercial
Industrial
Medium
Light and research oriented
industrial uses.
Multiple
High
Multiple units with related
accessory uses.
0
Convenience
Low
Grocery, drug, hardware stores.
Shopping Area
Single family or two family
0
Single Family
LOW
units and accessory uses
Residential
coipatible with single or
two family units
COMMUNITY
FACILITIES:
Public parks and open space
®
- - - --
Public schools
Churches or church-related
facilities
Other public, quasi- public, or
- - - --
private institutional facilities
,TRANSPORTATION:
- - - --
Major arterial thoroughfare
adopted by the city of richfield thi.l5th day of January ,1q73
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CITY OF RICHFIELD, MINNESOTA
Office or City Manager
Council Letter No. 141
Agenda April 28, 1980
The Honorable Mayor
and
Members of the City Council
City of Richfield
Council Members:
Subject: Senior Center Week Proclamation
The month of May has been proclaimed as Older Americans
Month on a nationwide basis. The National Institute of Senior
Centers is encouraging state and local governments to proclaim
May 11 -17, 1980 as Senior Center Week.
The City of Richfield has long been active in providing
opportunities for older Americans. Since its opening in 1976,
the Richfield Community Center has been a focal point for
senior citizen activities in the City of Richfield. It would
seem fitting that the Community Center activities receive
special recognition during Senior Center Month.
A member of the Senior /Handicapped Citizens Commission
will be present at the April 28, 1980 city council meeting to
accept the proclamation declaring May 11 -17, 1980 as Senior
Center Week.
KN /eja
cc: Community Services Director
Respectfully submitted,
Karl Nollenberger
City Manager
y
,I
CITY OF RICHFIELD, MINNESOTA
Office of City Manager
Council Letter No. 140
Agenda April 28, 1980
46 Lf,
The Honorable Mayor
and
Members of the City Council
City of Richfield
Council Members:
Subject: Proclamation for Richfield Handicap
Awareness Week
For the last several years the City of Richfield has been
active in promoting Handicap Awareness Week. Last year several
events were held during the week, including a training workshop
for city employees and other members of the community, and a play.
This year again, a number of activities are planned, including an
in- service workshop by the American Foundation for the Blind from
New York. The in- service is a pilot program being implemented in
only six states. A basketball game with the Rolling Gophers will
be held which will have participants from the city including staff
and council members.
May 18 -24, 1980 has been designated as Minnesota State Handi-
cap Awareness Week. The attached proclamation would also proclaim
May 18 -24, 1980, as Richfield Handicap Awareness Week. A member
of the Senior /Handicapped Citizens Commission will be present at
the April 28, 1980 city council meeting to acknowledge signing of
the proclamation.
KN /eja
cc: Community Services Director
Respectfully submitted,
Karl Nollenberger
City Manager
JUFi'J! gyre iiby'� ? Yr�^1 ���'1HU']YU�P�bV +
MINNESOTA HANDICAP AWARENESS WEEK
WHEREAS, May 18 -24, 1980 has been dezignated az
Minnesota State Handicap Awanenezz Week by Govennox
A.2bent H. Qu.ie, the Minnesota State Council {oh the
Handicapped, and the St. Cloud AAea Council ion the
Handicapped, and
WHEREAS, the punpoze oU Awanene4z (veek iz to
zhane the eoncennz o{y handicapped penzonz with a2.2
the c it izenz o Ay Minnez ota, and
WHEREAS, by d.ixeet .invo.2vement o{y community
teadexz, zchootz and bu�sinezzmen, the genexat pubt is
can be zenz.itized to the pnobtemz, potentiatz, and
,sotutions oAy d.i66icuttie�s con{ynonting .ind.iv-iduatz
who ane handicapped.
NOW, THEREFORE, BE IT RESOLVED that it iz a
time to pna.ize oun community Uon the pnognezz it haz
made in making new buitdingz aeeezzibte and {yon
exeat.ing zervicez {yon thin zegment o{y the R.ich{y-ie.bd
poputation.
BE IT FURTHER RESOLVED that 1, Donatd J. PAiebe,
Mayon o{y the City oU Rich6ietd, do heneby pnocta.im
May 18 -24, 1980 ass R.ich6ietd'z Handicap Awanenezz
Week.
Done at the City oAy R,ieh6 ietd th.iz 28th day oAy
ApAit, 1980.
Donatd J. PAie e Mayon
GI� . �. I�li �I�n• A�� 1SIa�, 4W' 1�1� , 1�7�' / 4�1..1.�3
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CITY OF RICHFIELD, MINNESOTA
Office of City Manager
i
Council Letter No. 139
Agenda April 28, 1980
The Honorable Mayor
and
Members of the City Council
City of Richfield
Council Members:
Subject: Recommendation for Denial of Taxicap Drivers
License, Anthony Dell McLennan
The background investigation conducted by the Public Safety
Department regarding a license application filed by Mr. Anthony
Dell McLennan reveals that the applicant has an extensive history
of traffic violation convictions. As a result of these convic-
tions, the applicant's drivers license was suspended in November,
1979 and just reinstated on January 4, 1980.
The Public Safety Department policy used as a standard in rec-
ommending approval of applications for taxicab drivers licenses
requires a minimum of one year driving experience which is free from
traffic violation convictions. Since the applicant's license was
suspended in late 1979 and just returned to him in January of this
year, the applicant does not meet our uniform standard for licensure.
Therefore, it is the recommendation of the Public Safety Director,
in which I concur, that Mr. McLennan's request for a Richfield
taxicab drivers license be denied.
KN /jf
cc: Public Safety Director
Acting City Clerk
Respectfully submitted,
Karl Nollenberger
City Manager
EU
CITY OF RICHFIELD, MINNESOTA
Office of City Manager
Council Letter No. 138
Agenda April 28, 1980
The Honorable Mayor
and
Members of the City Council
City of Richfield
Council Members:
Subject: Authorization to Hire Consultant, Public Safety
Space Utilization Study
For several weeks, the Public Safety Director and his staff
have been reviewing proposals from architectural firms, to work with
the Public Safety Department on a space utilization study. This
study is the first phase of a public safety facility improvement
project. The study will form the basis from which formal plans may
be developed for upgrading our public safety facilities, as well
as provide cost estimates which can be used for capital improvement
planning purposes, to implement this project.
We received nine proposals from firms interested in conducting
this study, and interviewed three firms. As a result of this pro-
cess, we are of the opinion that the proposal submitted by the
firm of Architectural Alliance best meets our needs in this project.
Mr. Herbert Ketcham, a Richfield resident and a member of our Plan-
ning Commission, is a principal in this firm. Therefore, he has
provided the proper Letter of Disclosure, as required by the city
charter, which outlines his involvement in the firm and his antici-
pated involvement in this particular project. A copy of that Letter
of Disclosure has previously been provided to council members.
Architectural Alliance has internal expertise in fire station
design and detention facility design. They are planning on retain-
ing out -of -state consultant to aid them as a specialist in law
enforcement architectural design. This will round out their over-
all expertise when coupled with their proven record in space util-
ization studies.
The space utilization study is to include a thorough analysis
of the city hall space now used for public safety purposes, the
Penn Avenue Fire Station and related parking requirements. The
study itself will generally address the following issues:
troy 1. An inventory of existing public safety facilities.
2. A study of present space utilization of existing facilities.
3. Development of space requirements for the present and
future operations of the Public Safety Department.
4. An analysis of space location considerations.
5. Space design recommendation with related descriptive
graphics.
6. Project cost estimates.
Council Letter No. 138 -2- April 28, 1980
The final product of this study will be a document which will
essentially serve as a master facility plan for resolving the space
problems currently being experienced by the Public Safety Department.
In addition to resolving our current problems, this plan will address
our public safety facility needs for the next fifteen years. In-
cluded in the plan will be a consideration of the potential consoli-
dation of our two fire station facilities into a centralized fire
station, with an analysis of cost considerations associated with this
option.
The space utilization study will be a joint effort between the
consultant, working with a task force of about a dozen public safety
employees. Together, the consultant and our employee task force
will analyze our existing needs and develop a plan to appropriately
resolve existing space problems. It is anticipated that this pro-
ject will take from twelve to fifteen weeks following implementation.
The proposal submitted by Architectural Alliance provides for a sys-
tem of billing based upon actual consultant involvement in this pro-
cess, with a maximum fee not to exceed $10,000.
It is the recommendation of the Public Safety Director, in which
I concur, that the city council concur with the city manager in entering
into a contract with Architectural Alliance to conduct this space
utilization study, under the terms described. Representatives of
the consulting firm will be in attendance at the April 28, 1980 coun-
cil meeting to make a brief presentation on their proposal, and to
answer any questions that the council may have regarding this matter.
KN /jf
cc: Public Safety Director
Respectfully submitted,
Karl Nollenberger
City Manager
J
i
CITY OF RICHFIELD, MINNESOTA
Office of City Manager
Council Letter No. 137
Agenda April 28, 1980
The Honorable Mayor
and
Members of the City Council
City of Richfield
Council Members:
Subject: Snowplowing Problems
For the past year, the city staff has been looking into
problems surrounding the snowplowing service we provide within
our community. While the winter of 1979/80 was not as severe a
winter from the snowplowing perspective as the previous one, we
did experience some problems with the snowbirds (parked cars)
which are left on city streets during the time that the snow-
plowing is taking place. The city receives numerous complaints
during the winter season about the snowplowing problems which
result because of cars parked on the streets. In addition,
various council members have indicated a desire to address the
problem in some manner.
If the city wishes to pursue the matter in a regulatory
method, it appears that four alternatives are available:
1. Ban all winter parking on streets and avenues in
Richfield;
2. Provide parking on odd -even days on alternate sides
of the roadway;
3. Prohibit parking after snowfall accumulations of
three inches (when the city normally begins plowing);
4. Prohibit winter parking on the avenues in the city
(north -south roadways) while allowing parking on the
streets (east -west roadways).
Our present ordinance allows the city staff to move vehicles
that are in the way of snowplowing. In addition, vehicles cannot
be parked on city roadways for more than 48 hours. In the past,
the city has made some effort through its various publications to
acquaint its residents of the problems created by cars parked
on the streets during the snowplowing season. The city is
currently able to plow the entire city within 12 hours of be-
ginning the snowplowing. It would appear that each of the alter-
natives described above could hamper our ability to maintain this
/5
Council Letter No. 137 -2- April 14, 1980
level of service. For instance, a total ban on parking during
winter months would be impractical for those individuals who
have more vehicles than parking space around their dwelling. The
odd -even parking ban would not help totally in the problem, due
to the fact that we are already able to plow all streets within
the city in 12 hours. Implementation of any of the alternatives
include a problem in that due notification to vehicles ticketed
would be difficult unless the regulations were posted on all
streets of the city, with signs. Year- around signage would be
unsightly to our residential areas as well as being expensive.
Some cities utilize temporary signs as a means of educating
where snowplowing will take place and when. But this also is time
consuming and would have to be measured against the amount of time
which it now takes the city snowplows to return for clean -up oper-
ations necessitated by cars parked on the street. By implementing
any of the above alternatives, we could easily be substituting one
set of parties now complaining about snowplowing services in the
city for another set of complaining parties.
In the past, the City of Richfield has provided excellent
snowplowing services to its citizens. The snowplowing could be
increased in quality even beyond its current level, if snowbirds
could be removed from the street during the snowplowing operation.
In addition, the snowplowing operation could be done at a reduced
cost to the citizens if this problem could be resolved. Rather
than pursuing the regulatory method of resolving the problem,
another attempt would be a program aimed at public relations with
our citizens. An intensive public relations program could include
articles in our quarterly publications, the water bill insert pub-
lication, feature stories in the community section of the Minnea-
polis Star and Richfield Sun, take -home brochures for distribution
through schools, as well as service clubs, and other such community -
oriented efforts. We could also mobilize city employees so that,
immediately following snowstorms, notices could be put on parked
cars which are causing problems for snowplowing. We could keep
track of license numbers of those vehicles which are still parked
on the streets and follow -up with letters requesting voluntary
compliance. The best answer to the snowplowing problem in a commun-
ity such as Richfield is probably voluntary compliance with the
public relations program aimed at a theme of "help us to help you"
and "keep tax costs to a minimum at the same time" effort.
If the city council would like to see an intensive effort of
the nature described above, we would begin planning for that at
this time to implement the effort in the fall of 1980. Discussion
by the city council would be appropriate at the April 28, 1980
city council meeting.
Respectfully submitted,
Karl Nollenberger
City Manager
KN /eja
cc: Program Directors
CITY OF RICHFIELD, MINNESOTA
Office of City Manager
Council Letter No. 136
Agenda April 28 , 1980
13 5
The Honorable Mayor
and
Members of the City Council
City of Richfield
Council Members:
Subject: Energy Awareness Committee
On March 13, 1978, the city council approved a resolution
creating an Energy Awareness Committee for the City of Richfield.
As a general rule, the city has appointed committees on an ad hoc
basis. That is, the members serve an indefinite term with the
committee and the terms of office to expire when the assigned task
is completed. A commission, on the other hand, is an on -going
advisory group with members serving designated terms, generally
three years, and a portion of the membership having terms expire
each year, to maintain continuity of the group.
The first Energy Awareness Committee meeting was held in De-
cember, 1979 with the meeting called by the Community Services De-
partment staff. At that time, the committee membership included
Sharon Erding, Herb Doty, Dennis Louis and John Moon. The council
has also appointed the city building maintenance superintendent,
John Heddle, and the city engineer, a position vacant at the time,
to serve as liaison to the committee. The December and January
meetings of the committee determined that a short term goal would
be the appointment of additional committee members. The city
council appointed Verne Lace, Leon Lunas and John Olinger to this
committee on February 11, 1980.
At the February 25, 1980 meeting, the committee held a detailed
discussion related to their objectives and tasks, as defined in the
resolution establishing the committee. The group felt the status
of "committee" defined its purpose more appropriately than the
"commission" designation and that their emphasis would be on "aware-
ness". However, council members have requested that an item be
placed on the April 28, 1980 city council agenda providing for a
review of the Energy Awareness Committee's structure and mission.
A copy of the original resolution establishing this body is attached
for your reference.
KN/ e j a
Respectfully submitted,
Karl Nollenberger
City Manager
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RESOLUTION NO. 5881
RESOLUTION ESTABLISHING A CITIZENS
ENERGY AWARENESS COMMITTEE
WHEREAS, the City Council is of the opinion that all citizens should take
an active role in promoting and encouraging the wisest and most efficient
use of our natural energy resources; and
WHEREAS, the State Energy Agency has established a program entitled
the Minnesota Energy Agency Outreach Program for the purpose of conserving
and preserving these energy resources; and
WHEREAS, the. establishment of an Energy Awareness Committee to act
as a forum for public and private employed individuals concerned with
promoting, preserving, and fostering the efficient use of these resources
is an integral component of this program; and
WHEREAS, the City Council wishes to cooperate with the intent and
purpose of this program;
BE IT RESOLVED, THEREFORE, by this City Council of the City of
Richfield, Minnesota, as follows:
A. There shall hereby be created a Citizens Energy Awareness
Committee for the City of Richfield, Minnesota.
B. The Committee shall serve in an advisory capacity to the
city council.
C. The Committee shall be comprised of no more than fifteen
members who shall reside or own property in the City.
Members will be selected, appointed , and removed with
or without cause by majority vote of the City Council
members.
D. In selecting candidates for appointment to the Committee,
the City Council shall give due consideration to individuals
employed in capacities listed below or as spokespersons
for the following industries, institutions, or professions:
1. Finance, banking, or lending institutions;
2. Heavy industry, manufacturing, or commerce enterprise;
3. Residential homemaking, home economics, or household
services;
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\, 4. Agriculture, farming, or land conservation;
5. Scientists, physists , engineers, architects, or
computer systems;
6. Building code administrators, construction contractors,
builders, or land developers;
7. Educators, primary or secondary teachers, professors or
college instructors;
8. Promotion, advertising, communications, broadcasting,
or public relations executives;
9. Labor officials, building trade or manufacturing union
representatives;
10. Environmentalists, special interests representatives,
conservationists, or naturalists;
11. Low and moderate income representatives or senior citizens;
12. Energy supplier, utility official or petroleum product distributor;
13. City staff member or energy coordinator;
14. Transportation representative; bus, air, or railroad official,
land planner, regional transportation coordinator;
15. City council member and /or Mayor.
E. Members from the above categories shall be appointed to serve
staggered terms of one, two, or three years or as determined by
city council.
F. Committee members shall be called to order by the city council
member and /or Mayor for their initial meeting. Subsequent meetings
shall be scheduled and conducted by the chairman, who shall be
elected from the members of the committee. All actions shall be in
resolution form and must receive majority vote approval of the members
present. -
G. The purpose of the Committee is to advise the city council on all matters
relating to conserving and preserving natural energy resources. Specific
goals would include:
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1 . To assist in helping the public become more aware of
the reasons and needs to extend and optimize energy.
2. To aid in the establishment of a comprehensive citywide
energy reduction program.
3. To promote, stimulate, and motivate energy conservation
efforts.
4. To act as liason between the State Energy Agency and the
city council.
5. . To help inform and educate the public on energy issues.
6. To collect information on energy consumption levels, to
quantify energy conservation efforts, and to appraise
energy reduction results.
7. To carry out other energy conservation studies on efforts
requested by the city council.
H. Staff support, materials, and facilities shall be provided by the
city at the direction of the city manager. Requests for reports,
statistics, studies, etc. , requiring excessive or lengthy amounts
of time and effort by staff personnel shall be made in writing to
the city manager.
I. Any of the following shall cause the office of a regular member to
become vacated:
1 . Death.
2. Disability or failure to serve, shown by failure to attend
three consecutive regular meetings of the commission.
3. Removal of legal residence or property ownership from the
city.
4. Resignation in writing.
5. Removal by the council.
6. Election or appointment to a public office.
Passed by the city council of the City of Richfield, Minnesota, this
13th day of March 1978
ATTEST:
Loren L. Law Mayor