03-28-77 agenda/S
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CITY OF RICHFIELD, 'MINNESOTA
Office of City Manager
Council Letter No. 109
Agenda March 28, 1977
The Honorable Mayor
and
Members of the City Council
City of Richfield
Gentlemen:
Subject: Review and Consideration of State and Federal
Legislative Issues
The purpose of this council letter is to provide information on state and
federal legislative issues which may have an effect on the City of Richfield.
Some of these items are included solely for information purposes. In other
instances, the council may wish to adopt a specific policy position to comm-
unicate to our legislators.
• House File No. 1, Social Services Consolidation
As council members are aware, a bill has recently been proposed in the
state legislature that would consolidate numerous social services, welfare
and health programs. The bill would provide that these programs, and the
monies to administer and support these programs, be channeled through the
county government. This legislation includes the funding for the new Commun-
ity Health Services Act in the consolidation.
The City of Richfield presently qualifies for a direct subsidy through The
Community Health Services Act. The city receives this subsidy because of our
high level of local effort to provide Yealth programs and as a result of the
adoption of a Community Health Services Plan. House File No. 1 v%o uld appear
to remove the city's option of a local community health services plan, and would
mean tha the City of Richfield must rely on Hennepin County for any support
of our local health services.
Several council members had the opportunity to participate in a meeting to
review this legislation and discuss the ramifications of the bill on the Commun-
ity Health Services Act. This item is included on the agenda to provide for
further council review and discussion . It is suggested that the city council
consider adopting a policy statement supporting exclusion of the Community
Health Services Act funding from the social services consolidation proposed by
House File No. 1.
Council Letter No. 109 -2- March 28, 1977
Uniform Local Government Election Day
is Attached to this letter is a summary prepared by the League of Minnesota
Cities of a bill recently proposed in the state legislature that would establish
a uniform local election date for all local governments. This uniform election
date would be in odd numbered years, with the first uniform election date to be
November 2, 1979.
Because of this uniform date, terms of all local government elected officials
would have to be for even numbers of years. The Richfield City Charter provides
for three year terms for council members. This summary is submitted for council
review and discussion.
Tax Increment Financin
Several weeks ago, the council took action to indicate the City of
Richfield's support for the concept of tax increment financing. Since that time,
the League of Minnesota Cities has completed preparation of a special program
supporting tax increment financing and detailing other means by which cities
can engage in redevelopment activities. Mr. Krier participated in this task
force that prepared this program and will summarize the recommendations and
conclusions of the task force at the March 28, 1977 city council meeting.
Respectfully submitted,
•
J c e. Wilde
Acting City Manager
JLW/eja
cc: City Clerk
Environmental Health Director
Planning Director
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1U?;"-i!1RY
UT4IFOR7.1 LOCAL G??'1 F;. .^?LT1T i''I,%" ION DAY
(S.F. 350, H.F. 718)
•
The bill establishes unifor-i election dates in the odd-numbered year for all
local government elected officials, except township officers. Officers of
cities, counties, school districts, the judves of county and municipal courts
and the elective officers of every other political suba,ivisic;n would be elec-
ted on the first Tuesday after the second Monday in November. Other principal
features are these:
1. A primary election on the first Tuesday after the second Monday in October
is mandatory when more than twice the number of persons to be elected file
for that office.
2. The filing period for local. go?rernment candidates would be from 42 days
to 28 days before the mandatory October primary.
3. Terms of all local government elected officials s, ald have to be even nuwl-
bers of years, by designation of the local governing body. There is a mor-
atorium on local elections between :august 1, 1978 and dcvember 5, 1979.
first uniform election day would be iovember 6, 1979. There are provisicns
for adjusting terms and postponing certain elections in order to comply with
the uniform date and to achieve stagg',ered terms.
4. The bill provides state reimbursement to cities and ',;owns for election ex-
penseF on the uniform election day, up to $1 for each person who voted or
• $100, whichever is greater.
The uniform local government election day represents a major change in state _
icy and is contrary to League of Cities policy. Since home rule charter -i1-4E:-
and statutor, cities ali .e would be affected by the bill, the Lea -,ue has ;u; -ed
sufficient time for a groUa of clues representin`; different vie,.pclnts to be
heard on the bill. ,';e will be contacting some cities directly an-I asking they-. to
testify on this matter. Also, if your city wants to testify, please cony.-act rye
(Connie Waterous) at the League office, as soon as possible.
We also urge that every city contact its local legislator on this bill. These
are some of the principal policy questions that will be raised concerning the
bill in its present form:
1. There is a serious question as to the wisdom of providing the off-year elec-
tion date for all cities. Many home rule charter cities now hold their elec-
tion in the spring. Statutory cities are permitted to choose between odd and
even years, and r:-any have just,cor:r.leted a major readjustr,.ent of terry-c in
order to comply with this provision of the statutory city law. ?dote also
for terms th:it • are even numbers orycars , by .iesignr.-
that the bill provides
tion of the local roverninr-, b-dy. This would rule out three-year ter:us, Ilc-,.;
pro-ided in some home rule charter cities.
2. The mandatory primary, when more than twice the number of candidates file for
an ofd -i ce , C ,..._ ...,.1?.1 Sl .C V tj C.- ?'.
m`Llly „?; t
for any office. Under p,r•e.,rnt 'are, any sta ut-ory city may provide nor a pri-
mary when the couacil dc--sire.- it.
3. The reiniYurgecent feat?_ire L,-pT,,ears to ha.,,,
a.ctur?l election costs. 1,1ote tliat tYierF i nu rein,t?ir ;errent for eVpenses
• for state r;enerul. elections, or for specs-al elections such as those re-
cently conducted in tl.c seventh cc?n-res5jo?.al district.
HOUSE CO LaITlFF ON R^. 7: 1, 7 _ T T Ti 0' l & VETE HA77S _-iRS
_ _-
x Rice, Chai rrmn
x Kostohryz, Vice-Chairman
x Biersdorf E
x_ B i rnst.ihl
x Ciunmiskey E
x Enebo E
x Fudro E
x Jacobs
x Jensen
* Knickerbocker E
x Langseth
L-]
x Lehto E
x McCarron E
McDonald
B.
Nelsen
x ,
c_1-h - r ( Ch.a,r
x Samuelson E
* Savel' oul E
x Smoga-.,d
x Stoa E
x Waldorf
E - denotes Elections Subcommittee
0
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CITY OF RICHFIELD, MINNESOTA
Office of City 'Nlanag -.r
Council Letter No. 108
Agenda March 28, 1977
The Honorable Mayor
and
Members of the City Council
City of Richfield
Gentlemen:
Subject: Approval of Plans and Specifications, Lyndale/Hub/
Nicollet Public Improvements - City Project No. 705
On the March 28, 1977 city council agenda there is a resolution which
will provide for city council approval of plans and specifications for City
Project No. 705, the 1977 Lyndale/Hub/Nicollet public improvements project.
Council approval is requested for the plans and specifications for street im-
provements, street lighting, landscaping, pedestrian walkways, pedestrian
plazas; and rede=trian street furniture for the Lyndale/Hl.zb/Ni.coll.et project
area. The area includes Nicollet Avenue from 64th Street to 67th Street,
66th Street from First Avenue to Lyndale Avenue, 65th Street realigned from
Nicollet Avenue to Rae Drive (exclusive of the Lyndale Avenue intersection)
and First Avenue from 65th Street to 66th Street.
As council members are aware, Lyndale Avenue is proposed to be removed
from the 1977 street paving project and put into the 1978 project in order to
secure federal funds for the Lyndale Avenue construction. 66th Street from
the freeway to Lyndale Avenue would also be proposed for completion in
1978, so that the detailed plans of the area between Lake Shore Drive and
35W can be completed in conjunction with 66th Street at Lyndale Avenue.
On May 10, 1976 the city council entered into a joint agreement with the
county to design and construct the L/H/N street improvements. Un June 14,
1976, the council ordered preparation of engineering reports for the L%H/N
public improvement project. On October 25, 1976, the council received the
engineering reports and confirmed the date of hearing on the project. The
consulting engineers were authorized and directed to proceed with preparation
of final plans and specifications. On November 30, 1976, the city council
held a public hearing, authorizing the 1977 Lyndale/flub/Nicollet public
improvement project, and approved the preliminary plans and specifications
and directed the consultant to prepare final plans and specifications.
Council Letter No. 108 -2- March 28, 1977
if'
Final plans and specifications for City Project No. 705 have been
completed and reviewed by the Acting Public Works Director, Park and
Recreation Director, and the Planning Director. A breakdown of total
estimated construction costs including indirect costs such as plan
preparation, construction supervision, as well as actual construction
costs and pedestrian signalization and right-of-way acquisition costs,
will be available at the March 28, 1977 city council meeting. The
attached resolution provides for council approval of the plans and specif-
ications and transmittal of the final plans and specifications to Hennepin
County for their approval.
Recommendation
0
Tt is recommended that the city council adopt the resolution approving the
plans and specifications for the Lynda le/Hub/Nicollet Public Improvement
Project, City Project No. 705. It is further recommended that the city council
authorize the city manager to transmit this resoluti on to Hennepin County for
its approval of the public improvement project. June 15, 1977 has been tentati:7ely
scheduled as the date for the county to take bids on the public improvement project.
A final construction agreement and maintenance agreement is being negotiated with
the county at the present time and will be ready for council review in early
April.
Respectfully submitted,
Wilde
Acting City Manager
JLW/eja
cc; Acting Public Works Director
Planning Director
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RESOLUTION NO.
RESOLUTION ORDERING PREPARATION OF REPORT ON
PERMA14ENT STREET SURFACING, ORNAMENTAL STREET
LIGHTING AND APPURTENANCES THERETO
CITY PROJECT NO. 705
1977 LHN PUBLIC IMPROVEMENT PROJECT
WHEREAS, it is proposed to improve the following areas:
66th Street Improvements. That area bounded by First
Avenue on the east and by Lyndale Avenue on the west.
65th Street Improvements. That area bounded by First
Avenue on the east and by Rae Drive on the west.
exclusive of the Lyndale Avenue intersection.
First Avenue Improvements. That area bounded on the
north by 65th Street and south by 66th Street.
Nicollet Avenue Improvements. That area bounded by
67th Street on the south and by 64th Street on the
north.
Permanent street surfacing, traffic movement improvement, landscap-
ing, pedestrian walkways, pedestrian plazas and appurtenances thereon
to assess abutting lots and parcels of land in the Lyndalc/Hub/
Nicollet Redevelopment Project Area for a portion of the cost of the
improvement.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City
of Richfield, Minnesota, as follows:
That the proposed improvements be referred to Hennepin County
Commissioners for approval, bidding and construction.
Adopted by the City Council of the City of Richfield this 28th
day of March, 1977.
,Loren L. Law Mayor
ATTEST:
Thomas J. Moran City Clerk
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CITY OP RICHFIELD, MINNESOTA
Office of. City Manager
Council Letter No. 107
Agenda March 28, 1977
The Honorable Mayor
and
Members of the City Council
City of Richfield
Gentlemen:
Subject: Appeal of Masseuse Certificate Revocation, Ms.
Jacquelyn Mary Nuno
There is a public hearing scheduled on the March 28, 1977 city council
agenda regarding the revocation of a masseuse certificate issued to Ms.
Jacquelyn Mary Nuno.
Ms. Nuno was notified on March 11 , 1977 that the masseuse certificate
issued to her by the City of Richfield was being revoked in accordance with
Section 5.26, subdivision 9 of the Richfield City Ordinance, in that as an
employee or agent of Sauna City, Inc. , she did engage in conduct inimical
to the interest of the public health, welfare, safety or morals; and did engage
in conduct involving moral turpitude.
This revocation is based upon the following grounds:
That on March 3, 1977, Ms. Nuno did offer herself for the purpose
of prostitution contrary to Richfield City Ordinance Code Section
10.16, subdivision 10.
(? 6
Ms. Nuno was arrested in this incident, and council members received inform-
ation regarding this arrest in Council Memorandum No. 48, dated March 11 , 1977.
Ms. Nuno has filed notice with the city clerk that she wishes to appeal
this masseuse certificate revocation. Mr. Dennis Peterson, legal counsel,
will represent Ms. Nuno at the hearing on this appeal.
Respectfully submitted,
Pcti ce Wil e
ng City Manager
JLWj eja
CITY OF RICHFIELD, MINNESOTA
Office of City Manager
Council Letter No. 106
The Honorable Mayor
a nd
Members of the City Council
City of Richfield
Gentlemen:
ly"
l7'"
o? ?J ;?1
e, \6
Agen.da March 28, 1977
Subject: Appeal of Revocation of Sauna License, Sauna City, Inc.
There is a public hearing scheduled on the March 28, 1977 city council
agenda regarding the revocation of a sauna license issued to Sauna City, Inc. ,
812 West 77 1/2 Street.
Sauna City, Inc. was notified on March 11 , 1977 that the sauna license
issued to the business by the City of Richfield was being revoked in accordance
with Sect,.,-,r. 5.25, subdivision 9 of the Richfield City Ordinance, in that em-
ployees or agents of said licensee did engage in conduct inimical to the interest
of the public health, welfare, safety or morals; did engage in conduct involving
moral turpitude; or that such employee or agent is a person of bad repute.
This revocation is based upon the following grounds:
That on March 3, 1977, an employee licensed as a masseuse and
working at the licensed premises, did offer herself for the purpose
of prostitution contrary to Richfield City Ordinance Code, Section
10.16, subdivision 10.
The employee was arrested in this incident, and council members received in-
formation regarding this arrest in Council Memorandum No. 48, dated March
11, 1977.
Sauna City, Inc. has filed notice Wl th the city clerk that it wishes to
appeal this license revocation. Mr. Dennis Peterson, legal counsel, will repre-
sent Sauna City, Inc. at the hearing on this appeal.
Respectfully submitted,
40
c9'yce Wilde
Acting City Manager
JLW/eja
SA,
V
CITY 01' RlCITi-'IELD,
Office of City Mana
The Honorable Mayor
and
Members of the City Council
City of Richfield
Gentlemen:
Council Letter No. 105
Agenda March 28, 1977
Subject: Appeal of Masseuse Certificate Revocation
Ms. Chong Sun Kauffman
There is a public hearing scheduled on the March 28, 1977 city council
agenda regarding the revocation of a masseuse certificate issued to Ms.
Chong Sun Kauffman.
Ms. Kauffman was notified on March 11, 1y77 that the Masseuse certif-
icate issued to her by the City of Richfield was being revoked in accordance
with Section 5.26, subdivision 9 of the Richfield City Ordinance, in that as
an employee or agent of Viking Kings and Queens Sauna she did engage in
conduct inimical to the interest of the public health, welfare, safety or
morals; and did engage in conduct involving moral turpitude.
This revocation is based upon the following grounds:
That on March 4, 1977, Ms. Kauffman did offer herself for the
purpose of prostitution contrary to Richfield City Ordinance Code
Section 10.16, subdivision 10.
That.she did further offer to secure another for the purpose of
engaging in an act of prostitution contrary to Richfield Ordinance
Code 10. 16, subdivision 11.
-0
Ms. Kauffman was arrested in this incident, and council members received
information regarding this arrest in-Council Memorandum No. 48, dated March
11, 1977.
Ms. Kauffman has filed notice with the city clerk that she wishes to appeal
this masseuse certificate revocation. Mr. James Schumacher, legal counsel,
will represent Ms. Kauffman at the hearing on this appeal.
Respectfully submitted,
y L. Wilde
Acting City Manager
MINNESOTA
CITY OF RICHFIELD, MINNESOTA
Office of City Manager
Council Letter No. 104
Agenda March 28, 1977
The Honorable Mayor
and '. ?eJ? ?r(QwCA pVr4V1StQvtR
Members of the City Council
City of Richfield Z VIP" t?tQw
Gentlemen:
Subject: Appeal of Revocation of. Sauna License, Viking
Kings and Queens Sauna
There is a public hearing scheduled on the March 28, 1977 city council
agenda regarding the revocation of a sauna license issued to Viking Kings
and Queens Sauna, 7714 Morgan Avenue.
Viking Kings and Queens Sauna was notified on March 11, 1977 that the
sauna license issued to the business by the City of Richfield was being
revoked in accordance with Section 5.25, subdivision 9 of the Richfield City
Ordinance, in that employees or agents of said licensee did engage in conduct
• inimical to the interest of the public health, welfare, safety or morals; did
engage in conduct involving moral turpitude; or that such employee or agent
is a person of bad repute.
This revocation is based upon the following grounds:
That on March 4, 1977, the designated manager and stockholder
of the licensee working at the licensed premises, did offer her-
self for the purpose of prostitution contrary to Richfield City Ordin-
ance Code, Section 10, 16, subdivision 10.
That said individual at the aforementioned time and place did
further offer to secure another for the purpose of engaging in an
act of prostitution contrary to Richfield Ordinance Code 10. 16,
subdivision 11.
The employee was arrested in this incident, and council members received
information regarding this arrest in Council Memorandum No. 48, dated March
11, 1977.
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Council Letter No. 10, /-'
-2-
March 28, 1977
Vikings Kings and Queens Sauna has filed notice via th the city clerk
that it wishes to appeal this license revocation. Mr. James Schumacher,
legal counsel, will represent Vir?ings Kings and Queens Sauna at the hearing
on this appeal..
Respectfully submitted,
JLW/eja
•
go L. ?Wie
Acting City Manager
SAY
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CITY OF RICJJFI LD, I`T'NNFS0TA
Office: of City Manager
Council Letter No. 103
Agenda March 20, 1977
The Honorable Mayor
azd
Members of the City Council
City of Richfield
Gentlemen:
Subject: Hearing on Rezoning, Approval of Final Planned Unit
Development Plans, and Special Use Permit, PUD
. Architectural Alliance, the developer of the PUD project at the Wood
Lake School site, has requested that the public hearing on the final. PUD
plans and proposed rezoning be deferred until the April 25, 1977 city council
meeting.
The developer has requested this change to provide time to finalize the
planning and clarify the financing potential of the project.
Since the legal notice has been published, it will be necessary for the
council to open the public hearing and continue the hearing to April 25,
1977.
Respectfully submitted,
S
ycZii..,. Wilde
Acting City Manager
JLW!eja
cc: Planning Director
40
CITY OF RICHF'IEL'D, MINNESOTA
Office of City Manager
Council Letter No. 102
Agenda March 28, 1977
The Honorable Mayor
and
Members of the City Council
City of Richfield
Gentlemen:
Subject: Butterfield Overland Express, Inc. Liquor License
Application
At the March 14, 1977 city council meeting the city council took action
to continue the hearing on a liquor license application submitted by Butterfield
Overland Express, Inc. to the March 28, 1977 city council meeting. As
• council members are aware, the president of the Butterfield Overland Express,
Inc. has requested withdrawal of the application for an on-sale liquoi license.
It would be appropriate for the council to consider this request for withdrawal
of the application at the March 28, 1.977 continued hearing on the liquor license
application "or the Butterfield Overland Express, Inc.
Respectfully submitted,
j ce . Wilde
Acting City Manager
JLW/eja
LI
CTTY OF RICTIFZELD, MINNESOTA
Office of City Manager
Council Letter No. 101
Agenda March 28, 1977
The Honorable Mayor
and
Members of the City Council.
City of Richfield
Gentlemen:
Subject: Administrative Matters
Mayor Law has asked that an item be placed on the March 28, 1977
city council for discussion of administrative matters.
Respectfully submitted,
oyce L. Wilde
Acting City Manager
JLW/eja
•
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CITY OF RICHFIELD, MINNESOTA
Office of City Manager
Council Letter No. 100
Agenda March 28, 1977
The Honorable Mayor
and
Members of the City Council
City of Richfield
Gentlemen:
Subject: Request for a Special Use Permit for a Public Garage
at 7700 Portland Avenue And ;?pproval of Off-Street
Parking Agreement
Mr. Donald Elsen, property owner, and Mr. David Sk:ramstad and Mr.
Robert Bloomquist, tenants, have requestoa a special use permit to allow them
to operate an automotive parts ma::hine shop in conjunction with the retail sale
of autom':'tive parts.
The following items are attached to this council letter and will be referred
to throughout:
Exhibit A - shows current zoning of the site and
surrounding property
Exhibit B - shows current land use in the area
Exhibit C - site plan as proposed
Exhibit D - zoning ordinance regulations relating
to public garages
Exhibit E - applicant's description of proposed business
Zoning Requirements
Richfield ordinance, Section 3.33, subd. 2, requires a special use permit fcr
the operation of a public garage in a C-2 general commercial zone. This request
for a special use permit should be judged by zhe standards established for public
garages in Section 3. 33, subd. 3 of the zoning ordinance (Exhibit D).
Background
At the present time, the property at 7700 Portland Avenue has a special use
permit for a car wash. There vies at one th-ne, u service station business located
station, ? be
OCl the property aiSC'. P ?!?tn the service and C`!r NaSi'1 have been C10SeG
and the building, is presently vacant.
Council Letter No. 100 -2- March 28, 1977
The applicant (owner) intends to lease the building and property to the
applicants (tenants) . As explained in Exhibit E, the tenant's proposed business
operation will be known as Dyna-Motive. The business will specialize in
custom crankshaft work, rebuilding of aluminum cyclinder heads and specialty
welding on foreign cars, primarily Volkswagons. This work will take place
indoors in the area now occupied by the car wash. This auto repair work will
involve bringing in the damaged part only. The business will not get involved
in pulling out the motor or transmission, working on it, then reinstalling it,
and will thus avoid the problem of parking vehicles in various stages of disrepair
on the property.
The surrounding zor
N orth
East
West
South
ling and land use is as follows:
Zoning Land Use
City Park City Park
C-2, Gen. Comm. Grocery store, nursing
home, gas station
Industrial Parking for restaurant
C-2, Gen. Comm. Gas station
The comprehensive plan indicates that this area is best suited for mixed land
use, high density.
Staff Review and Findings
The staff has reviewed the application in accordance with Section 3.33, subd.
3 and finds the following:
1. The use does not abut an "R" residential district.
2. The use will not create undue traffic hazards or congestion.
3. The distance to the north curb cut on Portland Avenue is less than
the required 40 feet from the intersection (Exhibit C). The Hennepin
County Department of Public Works, in reviewing this proposal,.
recommends that this curb cut be closed or moved 50 feet from the
intersection (Portland Avenue is a county road) . The applicant
has agreed to close this curb cut and complete additional landscaping
(Exhibit D).
4. It will be necessary for the applicant to execute an off-street parking
agreement with the city.
5. Only one detached pedestal-type sign is allowed, and one sign of
this type presently exists.
6. Because the site is at an intersection, provision must be made for an
unobstructed area free of vehicles, signs (other than pedestal type),
displays and other material to and within 50 feet of the intersection.
The applicant has complied with this condition (Exhibit D).
Staff Recommendation
It is the opinion of the staff that the project as proposed is in substantial
compliance with the standards for a public garage. T'he staff recommends the
issuance of a special use permit for a public garage.
Council Letter No. 100 -3- March 28, 1977
Planning Commission Recommendation
The planning commission reviewed this request for a special use permit at its
March 22, 1977 meeting. The commission, in its review of the application,
found the request to be in substantial compliance with the standards for a
public garage. The planning commission voted unanimously to recommend that
the council grant approval of the special use permit for a public garage.
Off-Street Parking Agreement
Mr. Donald Elsen, 7700 Portland Avenue has requested approval of an off-
street parking contract. This off-street parking contract establishes performance
standards for driveway and parking area modifications required for the issuance
of a special use permit for a public garage at this location. The land affected
by this parking agreement was part of a larger area which was developed to
the city's off-street parking standards in 1960.
The parking standards indicate a need for 11 parking spaces to accomodate
employees and customers, This requirement is based on five spaces per
thousand square feet of floor area. The applicant proposes to develop 12 park-
ing spaces, as shown on the attached site plan.
In order to comply with the special use permit development standards per-
taining to the distance of curb cuts from an intersection, the applicant is proposing
to close the two existing curb cuts on Portland Avenue and construct one new curb
cut approximately in the middle of the Portland Avenue frontage of the property
(shown on the attached site plan). The applicant will also add 840 square feet of
additional landscaped area at the corner of his property abutting the intersection.
The staff has reviewed the off-street parking application and recommends
council approval, subject to approval of the special use permit.
Respectfully submitted,
?,V,Lc
yc JL. Wilde
Acting City Manager
JLW/ej a
cc; Planning Director
Public Works Director
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3.33. ME "EGULATIOi??S FCi "C-2`' GE_PEIP L CO :IE"C_A. , DISTRICT.
Subdivision 1. Permitted Uses. In a'General Commercial district, unleos othen7ise
provided in this chapter, the follWling uses are permitted:
(1) Any use permitted in an " district or an "Ma" district upon compliance
with the procedural requirements for such district provided that no one-family,
t*io-family or multiple-family dwelling shall be constructed in this district without
first obtaining a special use permit therefor in accordance with provisions of
Section 3.41.
(2) Any commercial use permitted in a "C-1" district, subj-ct to the procedural
requir-aments contained in this section.
(3) Retail stores and shops, including soda fountains.
(4) Financial institutions, telephone and telegraph offices, messenger offices
and professional offices.
(5) Carpenter, furniture repairing and upholstery shops, book binding shops,
dress making shops, shoe repairing or dyeing shops, newspaper and job printing
establishments, electrical, tinsmithing, plumbing, decorating shops, self service
laundries and outdoor advertiser- signs.
(6) Tree trimming services provided that such services do not include storage
accumulation or keeping o= wood or tree trimmings on the premises.
(7) Accessory uses and structures incidental to any permitted use, but not
including the open storage of equipment or materials.
Subd. 2. Uses by Special Use Permit. The follo*ying uses shall be permitted only
upon the procurement of a special use permit pursuant to Section 3.41:
(1) Undertaking establishments.
(2) Any drive-in business where people are served in automobiles.
(3) automobile camps and courts.
(4) Hotels, motels, restaurants, cafes, gasoline service stations, service
stdtion stores, public garages, car sales lots, and theaters. No service station
may be converted into a station store without a special use permit for such use
issued in accordance with Section 3.41 of this code. (1973-21). 2-11-74.
(5) Other business uses which are determined by the Council to be of the
same general character as the uses enumerated in this section and which will not
be obnoxious or detrimental to the area in which they would be located.
Subd. 3. Regulations Relating to Gasoline Service StaEions, Public Garages and Car
Sales Lots. A special use permit for a gasoline service station, public garage or
a car sales lot shall not be granted unless the council-finds that the proposed use
will be in substantial compliance with the folloi..Ting standards:
•(a) The use site will not abut a lot which is in an "R" district.
For.the purposes of this paragraph, a lot which merely adjoins the use site at one
corner will not be deemed to abut the site.
(b) The use will not create undue traffic hazards or traffic congestion by
reason of the turning movements which vehicles would make in entering or leaving the
site.
(c) No driveway, a.? the point it crosses the property line of the site will be
within 40 feet of an intersecti-an. An "intersection" as used in this paragraph means
the point or intersection of the extended curb lines if the curbs on the near side of
the site, and measurement shall'Ve along such extended curb lines.
is
Exkib:Ct 3D
(d) The station or garage will not display any banners, noisy ribbons
or similar attention-distracting or visibility-obscuring devices in the
area in front of building setback lines.
.10 (e) The minimum frontage on any street will be 120 feet and the
minimum area of the site will be 12,000 square feet fora station with four
pumps or less; and stations with more pumps will have sufficient additional
frontage area to provide equivalent and sufficient space for servicing
vehicles, for off-street parking, for safe vehicular approaches into the
station, and for good visibility for pedestrians and drivers.
(f) No driveway will be flared outward on the boulevard in such a
way as to encroach upon the boulevard of adjacent property.
(g) The station or garage will comply with the off-street parking,
sign construction and other regulations of the city.
(h) Any required buffer or screening area will be so constructed as
to obstruct headlight beams of automobiles on the station property from
beaming onto adjacent residential property.
(i) Pump islands will not be so close to street or adjacent property
lines as to create the likelihood of encroachment by vehicles upon street
right-of-way, sidewalk areas or adjacent property.
(j) Only one permanent detached ground display sign, pddestal type may
be erected on the street frontage at or near the property lime adjacent
to the street, except that if the frontage oA the'streeit.is in.6kcess-of
150 feet, two such signs may be allowed by the council on such frontage,
subject to any other applicable sign regulation.
(1;C All exterior lighting will be so designed, placed and operated
as not to be a nuisance to adjacent properties.
. (1) If the station or garage is to be located in a shopping center or
other integrated development, it will be in architectural harmony with the
rest of the center or development.
(m) The station or garage will not provide for the outdoor operation
of lubrication equipment, hydraulic lifts or service pits, or the outdoor
display of merchandise; but the outside underground storage of gasoline
and other petroleum products between pumps, or the temporary display of
merchandise within 4 feet of the station building is permitted.
(n) If the station or garage is not to be located on a county road or
state highway, it shall not be operated between the hours of 11:00 p.m.
and 6:00 a.m. of the following day.
(o) If the site is at an intersection, provision will be made for an
unobstructed area on the site, adjacent to and within 50 feet of t?-.e inter-
section, free of vehicles, signs (other than a pedestal sign), displays
or other materials which tend to obstruct intersection visibility.
i
FxHlelr Z-
TO TaE CITY COUT:CIL, CITY OF RICHFIELD
• This letter is intended to accompany our application for
a Special Use Permit to do business within the City of Richfield.
Our business, to be known as Dyna-Motive, will be that of
Aut__Aarts sales an_d machine shop work on autq_Fn p_aJ_J
The auto parts to be s£ockec? will be for foreign cars, primarily
for Volkswagens, since this is where most of our experience is.
On a smaller scale, parts for other foreign cars will also be
sold. Our sources for parts, combined with our purchasing
power will enable us to handle the best parts on the market,
not just poorly made replacement parts which many other outlets
handle, and will also enable us to sell at the lowest possible
prices, in most cases lower than other outlets inthe area.
We feel that this will be of great benefit to the many people
in Richfield and surrounding areas who work on foreign cars, or
want to keep their own car running better.
Our-macnine shop will be a specia,l1.z_ed.._ahop, the likes of which
may not exis?in h s area. 1.e have machinery and capability
to provide services to the public and other automotive businesses
that they would have a hard time finding this side of California.
tt..apula?g?
haZ
Such as custom crankshaft mgrind incrarks
cranksha%t_k;?tiltei?In,?and crankshaft sto,iz:?, _.on o:ds%zned
crankshaft,pec?a! pplication crank sz fts?,__yQ. ,stoc?nshafts.
• 2'fost local s _,5 crankshaf' grinders Lhere are only a few) will
only touch the easy ,jobs. ''de are here to serve the people who
haye a problem and can't find a place to get done what they
want done. ';;e already have the crankshaft grinding business
from : West Side Volkswagen, Racers Exchange, John Witt's
Four ?'heel Drive Center, Cedarvale Standard, Dave's Sinclair,
to name a few.
We also intend to snecia ze in th_e_
Minder }ie.a:;s, such as those from a Volkswagen. The other
local machine shops that do engine head work do not want to
bother with aluminum heads. This leaves a lot of people
with no place to go. ?j th 9ur_.._.-taa inery, some of it custop
made in our t.R_9 and ai,e department _,__aad o er?purchase
machinery, such as a i3ridr;eport, we can provide this head
rebuilding service to the community.
0
Where do people go when they have a crack or a hole in an
aluminum enrrine block, such as used in a Volkswagen? they
usually have to go back to the dealers parts department and
spend a couple hundred dollars for a new one. :lith our
spe_Q ia,.. weadin ecuinrnent,` we can save most cracked aluminum
engines, and save the customer a lot of money. Specialty
weldinZ will thus be another service we will be providing.
Exlyl 1--i r
Page 2
TO THE CITY COUNCIL, CITY OF RICHFIELD
0
Our welding services will be more than just the ngrma1.-0.xyggpJ
acetylene and arc welding, and will include specialty welding
_...
such r.-
as hell arc and wire feed-w.ald?.ng,,,which not many shops do.
?•What we will not be doing is working on cars. We will not be
taking in a car, pulling out the motor or transmission and
working on it, and then re-installing it for the customer. We
do not intend to operate like a service station. We will only
be performing specialized machine shop services on auto parts
which the customer will bring in to us. this will save the
customer money, save us time, and keep our lot free of cars
that would be in various stages of dis-repair.
This basically describes
4i1o5-ng__S_ome other work in
1zch ?as ?cu sto: 1_atne wor
services
require, and these types
in advance.
the bulk of our work. We will be
our machin e..,shnp-a,.fr,om time to time,
and bydra?_prss works but these
a sporadically as a customer may
of jobs are hard to describe here
We think that our company has a lot to offer the community
and respectfully request the City Council's approval of our
request for a Special Use Permit.
0
Sincerely,
6nt,1?j
0
77th ST.
5' sidewalk
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Retail Sales
existing sign
New Landscaping Exist.
Lands.
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Approach
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Entrance
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OFF-STREET PARKING
NO. 77-1
OWNER AND ADDRESS: Donald Eisen, 704+ Columbus Avenue South
LEGAL DESCRIPTION: North 80 feet of the South 590.1 feet of the West 165
feet of the SE 1/4 except road. Also Tract A of Reg.
Land Survey'No. 665. 7700 Portland Avenue South
USE: Automotive Parts Sales and Automotive Machine Shop
COUNCIL ACTION: March 9 , 1977
NO. PARKING SPACES: 12
0 E. S.
CITY OF RICHFIELD, MINNESOTA
Office of City Manager
Council Letter No. 99
Agenda March 28, 1977
The Honorable Mayor
and
Members of the City Council
City of Richfield
Gentlemen:
Subject: Request for a Special Use Permit for a Public Garage
at 7222 Cedar Avenue
Mr. Raymond Haeg, property owner, and Mr. Stephan Jensen., tenant, have
requested a special use permit to allow Mr. Jensen to do heavy mechanical
work, i.e., transmission repair in a portion of the building occupied by the
Haeg Plumbing Company.
The following items are attached to this council letter and will be referred
to throughout:
Exhibit A - current zoning of the site and
surrounding property
Exhibit B - current land use in the area
Exhibit C - site plan
Exhibit D - applicable zoning ordinance regulations
Zoning Requirements
Richfield ordinance requires a special use permit for a public garage in a
C-2 general commercial zone. This request for a special use perm :t should
be reviewed for the conditions which must be present for the issuance of a
special use permit and judged by the standards established for public garages
in Section 3.33, subd. 3 of the zoning ordinance.
Ba ckground
In 1971, the city council issued a special use permit for a car rental operation
on this property. The car rental business is no longer in operation. The previous
special use permit for the car rental business was also judged by the standards
applicable to a public; garage. The difference in definition of a public garage as
a car rental business and a transmission repair business is slight, but nontheless
a new special use permit is reau:ired to properly reflect the actual use.
Council Letter No. 99 -2- March 28, 1977
The transmission repair business, which has been in operation since about
the first of the year, occupies one stall or bay on the north end of the building.
One overhead door and a separate entrance door is provided for this business.
A concrete fire wall separates this use from the remainder of the building.
There are currently sixteen off-street parking spaces provided on the site.
The plumbing business requires nine of these spaces and the transmission
repair business requires four spaces. These parking requirements are calculated
on the basis of three spaces for each service bay, and one per employee in the
transmission repair business; and one for each 200 square feet of floor area
for the plumbing business.
The comprehensive plan indicates that this area is best suited for mixed
land use at a medium density.
Staff Review and Findings
The staff has reviewed the application in accordance with Section 3. 33,
subd. 3 and finds the following:
1. The use does not abut an "R" residential district.
2. No changes to the building or lot are proposed.
3. The site does comply.with the off-street parking regulations.
4. The site is not at an Intersection.
5. All transmission work takes place indoors.
Staff Recommendations
It is the opinion of the staff that ail of the conditions for a special use permit
are substantially satisfied. The staff recommends the issuance of a special use
permit for a public garage.
Planning Commission Recommendation
The planning commission reviewe' this request for a special use permit at
its March 22, 1977 meeting. The planning commission, in its review of the
application, found that all conditions for this special use permit have been satis-
fied. The commission voted unanimously to recommend that the council grant
approval of the special use permit for a public garage.
Respectfully submitted,
J Y L . t fi lr' e
40 Acting City Manager
jLW/ela S?3
VO
cc: Planning Director
Public Works Director
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3.33. US_E REGULATIO0-_ FCP "C-2" GEi?EP.1L C0,11E"CTIA1, DISTRICT.
Subdivision 1. Pormitted Uses. In a General Commercial district, unless otherwise
provided in this cha,)ter, tine following uses are permitted;
(1) Any use permitted in an ":" district or an "MR" district upon compliance
with the procedural requirements for such district provided that no one-family,
vio-family or multiple-family duelling shall be constructed in this district without
first obtaining a special use permit therefor in accordance with provisions of
Section 3.41.
(2) Any commercial use permitted in a "C-1" district, subj`ct to the procedural
requirements contained in this section.
(3) Retail stores and shops, including soda fountains.
(4) Financial institutions, telephone and telegraph offices, messenger offices
and professional offices.
(5) Carpenter, furniture repairing and upholstery shops, book binding shops,
dress malting shops, shoe repairing or dyeing shops, newspaper and job printing
establishments, electrical, tinsmithing, plumbing, decorating shops, self service
laundries and outdoor advertising signs.
(6) Tree trimming services provided that such services do not include storage
accumulation or keepi-aa o,' wood or tree trimmings on the premises.
(7) Accessory uses and structures incidental to any permitted use, but not
including the open storage of equipment or materials.
Subd. 2. Uses by Special Use Permit. The following uses shall be permitted only
upon the procurement or a special use permit pursuant to Section 3.41:
(1) Undertaking establishments.
(2) Any drive-in business where people are served in automobiles.
• (3) Automobile camps and courts.
(4) Hotels, motels, restaurants, cafes, gasoline service stations, service
stdtion stores, public garages, car sales lots, and theaters. No service station
may be converted into a station store without a special use permit for such use
issued in accordance with Section 3.41 of this code. (1:73-21). 2-11-74.
(5) Other business uses which are determined by the Council to be of the
same general character as the uses enumerated in this section and which will not
be obnoxious or detrimental to the area in which they would be located.
Subd. 3. Regulations P.elating to Gasoline Service Stations, Public Ga-ranes and Car
Sales Lots. A special use permit for a gasoline service station, public garage or
a car sales lot shall not be granted unless the council-finds that the proposed u.se
will be in substantial compliance with the following standards:
•(a) The use site will not abut a lot which is in an "R" district.
For the purposes of this paragraph, a lot which merely adjoins the use site at one
corner will not be deemed to abut the site.
(b) The use will not create undue traffic hazards or traffic congestion by
reason of the turning movements which vehicles would make in entering or leaving the
site.
(c) No driveway, a.? the point it crosses the property line of the site will be
within 40 feet of an intersectian. An "intersection" as used in this paragraph -,eans
the point of intersection of the extended curb lines if the curbs on the near side of
the site, and measurement shall"be along such extended curb lines.
a
(d) The station or garage will not display any banners, noisy ribbons
• or similar attention-distracting or visibility-obscuring devices in the
area in front of building setback lines.
(e) The minimum frontage on any street will be 120 feet and the
minimum area of the site will be 12,000 square feet fora station with four
pumps or less; and stations with more pumps will have sufficient additional
frontage area to provide equivalent and sufficient space for servicing
vehicles, for off-street parking, for safe vehicular approaches into the
station, and for good visibility for pedestrians and drivers.
(f) No driveway will be flared outward on the boulevard in such a
way as to encroach upon the boulevard of adjacent property.
(g) The station or garage will comply with the off-street parking,
sign construction and other regulations of the city.
(h) Any required buffer or screening area will be so constructed as
to obstruct headlight beams of automobiles on the station property from
beaming onto adjacent residential property.
(i) Pump islands will not be so close to street or adjacent property
lines as to create the likelihood of encroachment by vehicles upon street
right-of-way, sidewalk areas or adjacent property.
(j) Only one permanent detached ground display sign, pddestal type may
be erected on the street frontage at or near the prcperty lime adjacent
to the street, except that if the frontage oh the styeeh.is in.excess-af
150 feet, two such signs may be allowed by the council on such frontage,
subject to any other applicable sign regulation.
( ?. All exterior lighting will be so designed, placed and operated
as not to be a nuisance to adjacent properties.
• . (1) If the station or garage is to be located in a shopping center or
other integrated development, it will be in architectural harmony with the
rest of the center or development.
(m) The station or garage will not provide for the outdoor operation
of lubrication equipment, hydraulic lifts or service pits, or the outdoor
display of merchandise; but the outside underground storage of gasoline
and other petroleum products between pumps, or the temporary display of
merchandise within 4 feet of the station building is permitted.
(n) If the station or garage is not to be located on a county road or
state highway, it shall not be operated between the hours of 11:00 p.m.
and 6:00 a.m. of the following day.
(o) If the site is at an intersection, provision will be made for an
unobstructed area on the site, adjacent to and within 50 feet of tb-e inter-
section, free of vehicles, signs (other than a pedestdl sign), displays
or other materials which tend to obstruct intersection visibility.
•' 1 .1
CITY OF RICHFIELD, MINNESOTA
Office of City Manager
Council Letter No. 98
Agenda March 28, 1977
The Honorable Mayor
and
Members of the City Council
City of Richfield
Gentlemen:
Subject: Bicentennial Committee Civic Space Marker Project
On February 28, 1977, the city council approved ari agreement with
the design firm Thumbnails, Inc. for the design of a civic space marker.
As council members may recall, the bicentennial committee received a
$1,000 grant from the state for the purpose of designing a marker for a
Richfield civic space to be tentatively located in the Li H/N redevelop-
ment area.
Mr. Eric Madsen, the design consultant, has completed preparation
of a preliminary design, which has been reviewed and appro?ed by the
bicentennial project committee. Mr. Madsen will be present at the March
28, 1977 city council meeting to present the preliminary design to the
city council.
Respectfully submitted,
ce ?. Wilde
Acting City Manager
cc: Planning Director
Administrative Assistant
JLW/eja
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0
CITY OF RICHFIELD, MINNESOTA
Office of City Manager
Council Letter No. 97
Agenda March 28, 1977
The Honorable Mayor
and
Members of the City Council
City of Richfield
Gentlemen:
Subject: Minutes, Tabulation of Bids and Award of Contract
for Municipal Swimming Pool Improvements
. On March 28, 1977 bids for the repair and replacement of mechanical
valves at the Richfield Municipal Swimming Pool were opened by the acting
city manager in accordance with previous city council authorization. The
environmental health director, park and recreation director, and city clerk
• were also present at the bid opening. The bid minutes and tabulations are
attached for city council review.
One bid was received. Hayes Contractors, Inc. , with a base bid of
$11, 815 is the lowest responsible bidder for this project. As council members
are aware, the appropriation for the project is derived from the operating budget
for the municipal pool which was approved in October of 1976.
It is the recommendation of the park and recreation director and the park
and recreation advisory commission, in which I concur, that the city council
approve the bid minutes, the tabulation of bids, and the attached resolution
awarding the contract to Hayes Contractors, Inc. in the amount of $11,815.
Respectfully submit ,
t4
Wayne S. Burggraaff
City Manager
WSB/eja
0 cc: Finance Director
Park and Recreation Director
•
CITY OF.RICHFIELD
Bid Opening
March 28, 1977
Swimming Pool Repairs
City Project No. 702
Pursuant to requirements of Resolution No. 1015, a meeting of the administrative
staff was called by Joyce Wilde, Acting City Manager, who announced that the
purpose of the meeting was to receive, open and read aloud, sealed bids on
Swimming Pool Repairs as advertised in the official newspaper on the 16th and
23rd of March, 1977.
Present: Joyce Wilde, Acting City Manager
Don Fondrick, Parks & Recreation Director
I. F. Roeseler, Environmental Health Director
Thomas J. Moran, City Clerk
is
The following bid was submitted and read aloud:
BIDDER AND
BID SECURITY BASE BID ALTERNATE #1
Hayes Contractors, Inc.
5% Bid Bond $11,815
Deduct $5,000
The Acting City Manager announced that the bids would be tabulated and considered
at the regular council meeting of March 28, 1977.
Thomas J. Moran City Clerk
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RESOLUTION NO.
RESOLUTION ACCEPTING BID AND AWARDING CONTRACT TO
HAYES CONTRACTORS, INC. FOR MECHANICAL VALVES AT THE
RICHFIELD MUNICIPAL SWIMMING POOL
CITY PROJECT NO. 702
Clerk's File No.
BE IT RESOLVED by the City Council of the City of Richfield, Minnesota
as follows:
1. That it is hereby determined that the base bid of Hayes Contractors,
Inc. is the lowest bid by a responsible bidder for the complete
repair and/or replacement of mechanical valves at the Richfield
Municipal Swimming Pool, City Project No. 702.
2. That the base bid of Hayes Contractors, Inc. , for the above
referenced project, at the price contained in their proposal of March
28, 1977, with a construction cost of $11,81S is hereby accepted.
3. That the proposed agreement between Hayes Contractors, Inc. and
the City of Richfield be given Clerk's File No. and be
placed on file.
• 4. That said proposed contract for the above referenced project is hereby
approved and adopted and the Mayor and City Manager are hereby
directed and authorized to execute said contract for or on behalf of
the City of Richfield and the clerk is authorized and directed to affix
the city seal thereto.
5. That payments to be made under the terms of said contract shall be
charged against the Project Fund.
6. That the corporate surety bond in the sum of the contract price which
accompanies said contract is hereby accepted and approved.
7. That the City Clerk is authorized and directed to return the security
documents to the bidder upon the execution of said proposed contract.
Passed by the City Council of the City of Richfield, Minnesota this 28th
day of March, 1977.
Loren L. Law Mayor
10 ATTEST:
Thomas J. Moran, City Clerk
I ?
0
CITY OF RICHFIELD, MINNESOTA
Office of City Manager
Council Letter No. 97
Agenda March 28, 1977
The Honorable Mayor
and
Members of the City Council
City of Richfield
Gentlemen:
Subject: Minutes, Tabulation of Bids and Award of Contract
for Valve Repair at the Outdoor Municipal Pool
On the March 28, 1977 city council agenda there is an item providing_for
the minutes, tabulation of bids and award of contract for repair of pool valves
at the outdoor swimming pool.
The bids for this item will not be opened until Monday, March 28, and,
therefore, the information will.not be available until the council meeting
Monday evening.
Respectfully submitted,
J ce. Wilde
Acting City Manager
JLW/e j a 4 1 `'$ S Z"
cc: Park and Recreation Director
is
CITY OF RICHFIELD, MINNESOTA
Office of City Manager
Council Letter No. 96
Agenda March 28, 1977
The Honorable Mayor
and
Members of the City Council
City of Richfield
Gentlemen:
Subject: Setting Date of Hearing for Board of Review
On the March 28, 1977 city council agenda there is an item for the
purpose of setting the date for the 1977 Board of Review meeting.
In 1974, the state law was changed so that every year is now con-
sidered a reevaluation year. The law requires the city to reevaluate one-fourth
of the community annually and to adjust values of the remaining properties in
the city accordingly. State law restricts the increase in the value of property
-for tax purposes to 10 over the previous taxable value, or 25% of the differ-
ence between the 1977 market value and the 1976 taxable value (whichever is
greater). The taxable value also includes the value of any physical changes
made on a property in 1976.
The city must mail a notice to property owners advising them of any
increase in value. Property owners must also be notified of the date, time
and place of the Board of Review meeting.
It is recommended that the city council set the date for the 1977
Board of Review meeting for Tuesday, May 31 , 1977 at 7:00 p.m.
Respectfully submitted,
yceilde
Acting City Manager
cc: City Clerk
City Assessor
10
CITY OF RICHFIELD, MINNESOTA
Office of City Manager
Council Letter No. 95
Agenda March 28, 1977
The Honorable Mayor
and
Members of the City Council
City of Richfield
Gentlemen:
Subject: Joint Powers Agreement with the Metropolitan
Waste Control Commission for Extra Strength
Charge System
At the February 14, 1977 city council meeting the city council gave
second reading approval to an ordinance amendment establishing a sewer
service strength charge formula. This ordinance was published on
February 23, 1977, and became effective 30 days from date of publication.
It is now necessary that the city execute a joint powers agreement
with the Metropolitan Waste Control Commission, to implement the strength
charge system. This agreement has been reviewed by the city staff and
the city attorney, and it is recommended that the council approve the
attached resolution authorizing the Mayor and City Manager to execute
the agreement on behalf of the city.
Respectfully submitted,
y L. Wilde
Acting City Manager
JLW/eja
cc: City Attorney'
City Clerk
Public Works Director`
0
RESOLUTION NO.
RESOLUTION AUTHORIZING JOINT POWERS AGREEMENT
WITH METROPOLITAN WASTE CONTROL COMMISSION
WHEREAS, the City of Richfield has adopted Ordinance Code, Section
8.12b providing for industrial user extra strength charges for sewage
disposal service, and
WHEREAS, it appears to be in the best interest of the city to enter
into a joint powers and agency agreement with the Metropolitan Waste
Control Commission for the purpose of administering such charges as pro-
vided for in said ordinance code section.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Richfield, Minnesota as follows:
1. A proposed agreement entitled "Joint Powers and Agency Agreement"
between the City of Richfield and Metropolitan Waste Control Commission
providing for the designation of the Commission as agent on behalf of the
City to administer and enforce industrial extra strength user charges is
hereby given Clerk File No. and is hereby ordered on file.
The Mayor
• such agreement
administrative
may be necessa
Passed by
March, 1977•
and City Manager are hereby authorized and directed to execute
for and on behalf of the city and the City Manager and the
staff are authorized and directed to take such actions as
ry to give effect to the provisions of such agreement.
the City Council of the City of Richfield this 28th day of
Loren L. Law Mayor
ATTEST:
Thomas J. Moran City Clerk
0
7
•
CITY OF RICHFIELD, MINNESOTA
Office of City Manager
Council Letter No. 94
Agenda March 28, 1977
The Honorable Mayor
and
Members of the City Council
City of Richfield
Gentlemen:
Subject: Ordinance Amendment Relating to Prohibiting
Nudity in Certain Public Places
At the February 28, 1977 city council meeting, the city council gave
first reading approval to an ordinance amendment relating to prohibiting
nudity in licensed liquor establishments. A copy of this ordinance
amendment is attached.
Second reading consideration of this ordinance amendment is sched-
uled for the March 28, 1977 city council meeting.
Respectfully submitted,
yc. Wilde
Acting City Manager
JLW/eja
AMENDMENT TO CFAPTER
X, PART III OF THE ORDINANCE
CODE OF THE CITY OF
RICHFIELD
CITY OF RICHFIELD DOES ORDAIN:
Chapter X, Part III of the Ordinance Code of the City of
Richfield dealing with misdemeanor offenses is amended by
adding Section 10.23 to read as follows:
"10.23 MISDEMEANORS - SPECIFIC PROVISIONS: PROHIBITION
OF NUDITY IN C RTAI?,I ESTABL ISN:f`., TINTS .
Subdivision 1. Definitions, Th- following terms have
the meanings ascrl e O L7em In this section:
(1) 'Nudity' means the showing of the post
pubertal human male or female genitals, pubic
area or buttork.s withh less than a fully opaque
covering, or the showing of a post-pubertal
female breast with less than a fully opaque
covering of any portion thereof below the to
of the nipple or the snowing of covered
male genitals in a discernibly to it d tate
(2) 'Sadomasochistic abuse' means scenes
involving a person or persons, any of whom
are nude, clad in undergarments or in sex-
ually revealing costumes, and who are en
aged in activities involving the flagel
lation, torture, fettering, binding or other
physical restraint of any such persons.
(3) 'Sexual conduct' means acts of mastur-
batYion, homosexuality, sexual intercourse,
o r 1-)l v S I c- a r r- + -- ?__ --1
_
ca, JjULLOcKs O
person is a female, her breast.
(4) 'Sexual excitement' means the condition
o t e human male or fema e genitals or the
breasts of the female when in a state of
sexual stimu a n on or the sensua experi-
ence of umans engaging in or witnessing
sexual, conduct or nudity.
s
f '
Subd. 2. Prohibition. It shall be unlawful .
.
(1) For the licensee, owner or manager of any
establishment licensed pursuant to Chapter XI
of this Code to permit or allow in such estab-
lishraent any nu ity, sadomasochistic abuse,
sexual conduct or sexual excitement as defined
in this section.
(2) For any person to participate or engage
in any such conduct."
Passed by the City Council of the City of Richfield,
Minnesota this day of , 1977.
Loren Law - Mayor
ATTEST:
0 City Clerk
0
•
CITY OF RICHFIELD, MINNESOTA
Office of City Manager
Council Letter No. 93
Agenda March 28, 1977
The Honorable Mayor
and
Members of the City Council
City of Richfield
Gentlemen:
Subject: Traffic Regulatory Signs
Several problems with traffic regulatory signs in various parts of the city
have recently come to the attention of the public safety department. Each of
these problems has been reviewed and the public safetydirector has developed
the following recommendations.
• "Residential Parking Only" Signs
The city currently has parking restriction signs to permit "residential
parking only" on both sides of 16th Avenue from 72nd Street to 73rd Street and
on the north side of 73rd Street from Bloomington Avenue to 17th Avenue. These
parking restrictions were established by city council action on October 26,
1959.
It is the opinion of both the public safety director and the city attorney
that these parking restrictions cannot be legally enforced, based on a 1970 Ohio
Supreme Court decision which ruled that such restrictions were unconstitutional
because they represent a denial of equal protection under the law. The council
may recall the discussion of such "residential parking only" signs during the
discussions regarding parking restrictions in the vicinity of the high school.
Because these parking restrictions cannot be legally enforced, it is the
recommendation of the public safety director, in which I concur, that the council
authorize removal of these signs.
"Drop" School Stop Signs
The public safety department has recently received a complaint regarding the
continued use within the city of the folding, or "drop" stop signs. Although
these signs are no longer authorized for use by the State Commissioner of
Highways, we currently have four such signs in Richfield. One of these signs
is located at the intersection of 70th Street and Elliot Avenue and was apparently
installed many years ago with no council authorization. The remaining three
Council Letter No. 93 -2- March 28, 1977
"drop" stop signs are located at 70th Street and 4th Avenue, 73rd Street and
4th Avenue and 77th Street and 3rd Avenue. These signs at 70th Street and
4th Avenue and 73rd Street and 4th Avenue were authorized by city council
action on October 24, 1955. The sign at 77th Street and 3rd Avenue was
authorized by the council on October 13, 1958.
The public safety department has contacted the three schools served by
these signs and discussed the problem with the school administrators. They
are all of the opinion that the signs are not needed, since the school patrols
provide adequate protection for students crossing at these intersections.
Because these signs are no longer authorized for use in the State of Minnesota,
it is the recommendation of the public safety director, in which I concur, that the
council authorize removal of these signs.
Establishment of a Loading Zone in the Area of 70th Street and Harriet Avenue
There is currently a parking restriction on the east side of Harriet Avenue from
70th Street to 72nd Street which provides for "No Parking on School Days, 8:00 a.m.
to 4:30 p. m. " . This area is directly in front of the Richfield Senior High School ,
in which the school district administrative offices are located.
The school administration has indicated a need for short term parking in this
• area to accommodate school personnel who are delivering reports and other materials
from the schools in the district to the main office. Although the district has provided
parking permits to allow short term parking directly in front of their offices for this
purpose, these permits issued by the school cannot supercede the parking restrictions
established by city council action.
The public safety director has discussed this problem with the Superintendent
of Schools, and is of the opinion that the current restriction can be replaced with
the restriction which would read "Loading Zone Only, 8:00 a.m. to 4:30 p.m.-
15 Minute Limit". It is recommended that this loading zone area be established
along the east side of Harriet Avenue from a point starting 134 feet from the south
curb line of West 70th Street to a point 396 feet from the south curb line of West
72nd St-eet.
Establishment of this loading zone would resolve the delivery problem of the
school district offices while continuing to provide for uniform parking enforcement
in the area. Tt is recommended that.the city council authorize establishment of
this loading zone on Harriet Avenue between 70th Street and 72nd Street.
The public safety department will monitor traffic and parking activity in each
of these areas to determine if additional regulatory signs are necessary.
Respectfully submitted,
ce L. Wilde
Acting City Manager
cc: Public Safety Director
a
CITY OF RICHFIELD, MINNESOTA
Office of City Manager
Council Letter No. 92
Agenda March 28, 1977
The Honorable Mayor
and
Members of the City Council.
City of Richfield
Gentlemen:
Subject: Lease Agreement with Hennepin County for
Communications Equipment
For many years, the City of Richfield has participated in a leasing program
with Hennepin County for all mobile and portable communications equipment
used in the police division. All of the municipal police agencies in Hennepin
County, except the City of Minneapolis, participate in this joint leasing program.
The leasing program provides the opportunity for all Hennepin County police
agencies to operate standardized equipment, with the capability of inter-agency
communications. The program also provides 24-hour, seven day per week main-
tenance service by the county for the leased equipment. Participation in this
program gives the City a backup dispatching capability for all police informational
requests and also establishes a revolving fund which is used to update the radio
communications equipment we use.
The 1977 cost for our leased radio equipment will be $10,725, based upon
the current rates. This cost reflects a $780 decrease from the rates we paid
during 1976. The rate structure was developed by a committee of the Hennepin
County Administrator's office, in which our public safety director participated,
and is based upon the current actual cost for leased items. The adopted 1977
budget provides funds for the lease of this communications equipment.
It is the recommendation of the'public safety director, in which I. concur, that
the city council adopt the attached resolution authorizing the city manager to
execute a 1977 lease agreement with Hennepin County for the police communications
equipment.
Respectfully submitted,
•
c Wi de
cc: Public Safety Director Oingg City Manager
JLW/eja
RESOLUTION NO.
RESOLUTION APPROVING LEASE AGREEMENT WITH
HENNEPIN COUNTY FOR COMMUNICATIONS EQUIPMENT
WHEREAS, the City of Richfield has participated in a leasing program with
Hennepin County for all mobile and portable communications equipment used in
the police division for many years, and
WHEREAS, Hennepin County has submitted a new lease agreement to the City
of Richfield which reflects the current equipment in use, and
WHEREAS, funds are provided in the 1977 adopted budget for this purpose.
NOW, THEREFORE, BE-IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF RICHFIELD
that the Mayor and City Manager are hereby authorized and directed to execute
said contract for or on behalf of the City of Richfield and the Clerk is autho-
rized and directed to affix the city seal thereto.
Passed by the City Council of the City of Richfield this 28th day of
March, 1977.
Loren L. Law, Mayor
ATTEST:
Thomas J. Moran, City Clerk