071012completeagenda CITY OF RICHFIELD, MINNESOTA
TUESDAY, JULY 10, 2012
RICHFIELD MUNICIPAL CENTER
6700 PORTLAND AVENUE
SPECIAL CITY COUNCIL WORKSESSION
BARTHOLOMEW CONFERENCE ROOM
6:15 P.M.
AGENDA
Call to order
Roll call
1. Discussion regarding renaming of 76th/77th Street (Council Memo No. 79)
Notes:
Adjournment
REGULAR CITY COUNCIL MEETING
COUNCIL CHAMBERS
7:00 P.M.
AGENDA
INTRODUCTORY PROCEEDINGS
Call to order
Roll call
Open forum (15 minutes maximum)
Each speaker is to keep their comment period to three minutes to allow sufficient time for
others. Comments are to be an opportunity to address the Council on items not on the agenda.
Individuals who wish to address the Council must have registered prior to the meeting.
Notes:
Pledge of Allegiance
Approval of minutes of(1) Regular City Council Meeting of June 12, 2012; (2) Special City
Council Worksession of June 26, 2012; and (3) Regular City Council Meeting of June 26,
2012
PRESENTATION,
1. Annual meeting with Arts Commission
COUNCIL DISCUSSION
2. Council discussion
• Hats Off to Hometown Hits
Notes:
AGENDA APPROVAL
3. Council approval of agenda
CONSENT CALENDAR
4. Consent Calendar contains several separate items,which are acted upon by the City
Council in one motion. Once the Consent Calendar has been approved, the individual
items and recommended actions have also been approved. No further Council action on
these items is necessary. However, any Council Member may request that an item be
removed from the Consent Calendar and placed on the regular agenda for Council
discussion and action. All items listed on the Consent Calendar are recommended for
approval.
A. Consideration of approval of canceling public hearing on July 10, 2012 regarding
preliminary and final plat approval for land located at 7641 Pleasant Avenue (former
Public Works Garage property and former Gleason Mortuary at 211 West 76th
Street); Pillsbury Commons S.R. No. 116
B. Consideration of approval of first reading of ordinance amendment related to
Minnehaha Creek Watershed District's Stormwater Management Rule and
scheduling second reading for July 24, 2012 S.R. No. 117
C. Consideration of approval of renewal of commercial lease with MnDOT for use of
excess land along 1-494 adjacent to Best Buy Campus for continued use as parking
lot and transit station S.R. No. 118
D. Consideration of approval of resolution providing for sale of$2,150,000 General
Obligation Street Reconstruction Bonds, Series 2012A S.R. No. 119
E. Consideration of approval of resolutions pertaining to annual Lyndale/HUB/Nicollet
(LHN) maintenance assessment process and scheduling public hearing for August
13, 2012 S.R. No. 120
F. Consideration of approval of resolutions pertaining to annual 77th Street
maintenance district assessment process and scheduling public hearing for August
13, 2012 S.R. No. 121
G. Consideration of approval of resolution declaring costs to be assessed for removal
of diseased trees from private property for work ordered in 2011 and scheduling •
public hearing for August 13, 2012 S.R. No. 122
H. Consideration of approval of:
• Revisions to West Connection and East Connection Bicycle Route Project
Plans; and
• Resolution authorizing amendment of MnDOT Agreement No. 99916 accepting
additional funds in amount of$100,675 for additional engineering and
construction changes for project; and
• Resolution for"No Parking" on west side of Bloomington Avenue (between 66th
Street and Diagonal Boulevard) and areas of Humboldt Avenue (between 69th
and 75th Streets) S.R. No. 123
Notes:
5. Consideration of item(s), if any, removed from Consent Calendar
Notes:
PROPOSED ORDINANCES
6. Consideration of:
• First reading of ordinance granting cable television franchise to Comcast of
Arkansas/ Louisiana/ Minnesota/ Mississippi /Tennessee, Inc.; and
• First reading of ordinance repealing Richfield City Code Section 726; and
• Scheduling public hearing and second reading of ordinances on August 13, 2012
Staff Report No. 124
Notes:
7. Consideration of:
• Resolution amending City's Comprehensive Plan by changing designation of 301
77th Street West to Community Commercial/Office; and
• Ordinance rezoning property at 301 77th Street West from Mixed Use— Community
to Planned Mixed Use; and
• Resolution approving final development plan and conditional use permit to allow
construction of auto body/mechanical repair shop at 301 77th Street West; and
• Resolution authorizing summary publication of ordinance rezoning 301 77th Street
West
Staff Report No. 125
Notes:
OTHER BUSINESS
8. Consideration of confirmation of City Manager's appointment of Todd Sandell as Public
Safety Director for City of Richfield
Staff Report No. 126
Notes:
CITY MANAGER'S REPORT
9. City Manager's Report
• Hennepin County 2012 Wellness by Design Award (Council Memo No. 80)
Notes:
10.Claims and payrolls
Open forum (additional 15 minutes if more time needed after first Open Forum and by
majority vote of the City Council)
Each speaker is to keep their comment period to three minutes to allow sufficient time for
others. Comments are to be an opportunity to address the Council on items not on the agenda.
Individuals who wish to address the Council must have registered prior to the meeting.
Notes:
11.Adjournment
Auxiliary aids for individuals with disabilities are available upon request. Requests must be
made at least 96 hours in advance to the City Clerk at 612-861-9738.
richfield: July 2012 Page 1 of 1
City of Richfield Calendar
Calendars Net
Navigate: 2011 Jan Feb Mar Aar May Jun Jul Aug Sao Oct Nov Dec 2013
July 2012
Monday Tuesday Wednesday Thursday Friday
25 I Jun 26 27 28 29
6:00p Planning 6:00p Special Joint SATURDAY,JUNE 30
Commission Study Meeting between 9:30 a.m.-10:30 a.m.
Session Bloomington, Richfield, Mayor's Hour-Farmer's
7:OOp Planning and Edina Advisory Market
Commission Boards of Health-
Bartholomew Room
6:15p Special City
Council Worksession
7:OOp City Council
Regular Meeting
2 3 4 5 6
11:30a Tourism 7:OOp Transportation 7:OOp Arts Commission
Promotion Board @ Commission- @ 6335 Portland Ave
6601 Lyndale Ave,Suite CANCELED
106 CITY ADMINISTRATIVE
6:30p Human Rights OFFICES CLOSED--
Commission FOURTH OF JULY
HOLIDAY
9 10 11 12 13
6:15p Special City 8:OOa Civil Service
Council Worksession Commission Meeting
7:OOp City Council
Regular Meeting
16 17 18 19 20
6:OOp Special HRA/City 7:OOp Community 7:OOp Friendship City
Council/Planning Services Commission @ Commission
Commission 7000 Nicollet Ave CANCELED
Worksession
7:30p Housing and
Redevelopment
Authority(HRA)
23 24 25 26 27
7:OOp Planning 7:OOp City Council 7:OOp-8:OOp SATURDAY,JULY 28
Commission Regular Meeting Neighborhood Crime 9:30 a.m.-10:30 a.m.
Watch Block Captains Mayor's Hour-Farmer's
Meeting @ Richfield Market
Middle School
auditorium,7461 Oliver
Ave.
30 31 1 I Aug 2 3
7:OOp Transportation 7:OOp Arts Commission
Commission @ 6335 Portland Ave
Display: Year Month Week Day Block Lis Condensed Abs Slide Calendars: Search
Add Events: Daily Duration Periodic Administer This Calendar
All meetings held at City Hall (6700 Portland Avenue) unless indicated otherwise
Calendars Net
free online interactive web calendars
http://www.my.calendars.net/richfield 7/5/2012
CITY COUNCIL MEETING MINUTES
,��d Richfield, Minnesota
G
Regular Meeting
June 12, 2012
CALL TO ORDER
The meeting was called to order by Mayor Goettel at 7:07 p.m.
ROLL CALL
Members Present: Debbie Goettel, Mayor; Tom Fitzhenry; Pat Elliott, Sue Sandahl; and Fred
Wroge.
Staff Present: Steven L. Devich, City Manager; Mike Eastling, Public Works Director; Jim
Topitzhofer, Recreation Services Director; Todd Sandell, Acting Public
Safety Director; Nancy Gibbs, City Clerk; Christine Costello, Community
Development Coordinator; Jeff Pearson, Transportation Engineer; Corrine
Heine, City Attorney; and Cheryl Krumholz, Executive Coordinator.
OPEN FORUM
Mary Gover, 6711 Lake Shore Drive#1007, League of Women Voters member, spoke in
opposition to the Voter ID amendment.
Lois Howard, 6305 Thomas Avenue, spoke about the racism issue related to the Pillsbury
Commons project.
Ghislaine Ball, 7627 Harriet Avenue, spoke about tax breaks the Pillsbury Commons project
would receive.
Holly Hanson, 7609 Harriet Avenue, spoke about tax increment financing effects on urban
renewal and Section 42 financing.
Camillo DeSantis, 6508 Newton Avenue, spoke about the recent flyer distributed by the
Richfield Commons group regarding Pillsbury Commons. He expressed his support of the project.
Ann Dougherty, 6844 James Avenue, spoke in support of the Pillsbury Commons project
because 2/3 bedroom apartments are needed to retain families in the school system.
Mayor Goettel announced for the record, the City Council have all received a copy of an e-
mail/letter from the following person(s) regarding Pillsbury Commons, which will be included in the
record:
• Susan Anderson, 7530 Pillsbury Avenue. Received May 29, 2012.
Mayor Goettel also announced for the record, the City Council, Housing and
Redevelopment Authority, and Planning Commission have all received a copy of an e-mail/letter
from the following person(s) regarding Pillsbury Commons, which will be included in the record:
Council Meeting Minutes -2- June 12,2012
• Amy Utley, 7530 Pillsbury Avenue. Received May 29 and June 5, 2012.
PLEDGE OF ALLEGIANCE
Mayor Goettel led the audience in the Pledge of Allegiance.
APPROVAL OF MINUTES
M/Wroge, S/Sandahl to approve the minutes of(1) Special City Council/HRA/Planning
Commission Worksession of May 21, 2012; (2) Special City Council Worksession of May 22, 2012;
and (3) Regular City Council Meeting of May 22, 2012.
Motion carried 5-0.
Item#1 COUNCIL DISCUSSION
• RESCHEDULE TUESDAY, AUGUST 14 REGULAR CITY COUNCIL
MEETING (PRIMARY ELECTION)TO MONDAY, AUGUST 13 AT 7
P.M. IN COUNCIL CHAMBERS
• SCHEDULE FRIDAY, AUGUST 17 SPECIAL CITY COUNCIL
MEETING AT 8 A.M. IN COUNCIL CHAMBERS TO CANVASS
PRIMARY ELECTION RESULTS
• CANCEL TUESDAY, AUGUST 28 REGULAR CITY COUNCIL
MEETING
• SCHEDULE CITY COUNCIL MEETING IN COUNCIL CHAMBERS
REGARDING 2012 REVISED/2013 PROPOSED BUDGET ON
WEDNESDAY, SEPTEMBER 5, 2012 AT 6 P.M. (COUNCIL MEMO
NO. 70)
• HATS OFF TO HOMETOWN HITS
The City Council consensus was to reschedule Tuesday, August 14 Regular City Council
Meeting (Primary Election)to Monday, August 13 at 7 p.m. in Council Chambers.
The City Council consensus was to schedule Friday, August 17 Special City Council
Meeting at 8 a.m. in Council Chambers to canvass Primary Election results.
M/Elliott, S/Wroge to cancel Tuesday, August 28 Regular City Council Meeting.
Motion carried 5-0.
The City Council consensus was to schedule Special City Council Meeting in Council
Chambers regarding 2012 revised/2013 proposed budget on Wednesday, September 5, 2012 at 6
p.m.
The City Council acknowledged the success of the June 2 Municipal Center dedication
event.
Mayor Goettel encouraged the purchasing of 4th of July buttons.
Council Member Fitzhenry acknowledged the success of the Memorial Day event at
Veterans Park.
Item #2 COUNCIL APPROVAL OF AGENDA
Council Meeting Minutes -3- June 12,2012
M/Wroge, S/Sandahl to approve the agenda.
Motion carried 5-0.
Item #3 CONSENT CALENDAR
A. Consideration of approval of new Therapeutic Massage Enterprise License for Salon of St.
George, 6625 Lyndale Avenue S.R. No. 93
B. Consideration of approval of resolution establishing absentee ballot counting board for
State Primary and General Elections S.R. No. 94
RESOLUTION NO.10658
RESOLUTION AUTHORIZING ESTABLISHING AN ABSENTEE BALLOT COUNTING BOARD
FOR THE STATE PRIMARY AND GENERAL ELECTIONS
This resolution appears as Resolution No. 10658.
C. Consideration of approval of resolution appointing election judges for August 14, 2012
Primary Election and November 6, 2012 General Election S.R. No. 95
RESOLUTION NO.10659
RESOLUTION APPOINTING ELECTION JUDGES FOR THE STATE PRIMARY ELECTION OF
AUGUST 14, 2012 AND THE GENERAL ELECTION OF NOVEMBER 6, 2012
This resolution appears as Resolution No. 10659.
D. Consideration of approval of resolution authorizing use of ES&S Central Counter Model
650 for tabulation of all absentee ballots for State Primary and General Elections S.R. No.
96
RESOLUTION NO.10660
RESOLUTION APPROVING ABSENTEE COUNTING EQUIPMENT, ES&S CENTRAL COUNTER
MODEL 650 TO BE USED AT THE STATE PRIMARY AND STATE GENERAL ELECTIONS
This resolution appears as Resolution No. 10660.
E. Consideration of approval of purchase of high pressure sewer flushing machine and
chassis for use by Wastewater Maintenance Division consisting of high pressure sewer
flushing machine from Flexible Pipe Tool Co. for$115,250.79 and chassis from Astleford
International Trucks for$74,943.07 for total amount of$190,193.86 S.R. No. 97
F. Consideration of approval of award of contract to Bulach Custom Rock to install remaining
concrete features and glass centerpieces for final phase of Honoring All Veterans Memorial
in amount of$178,354 S.R. No. 98
G. Consideration of approval of award of contract to Choice Electric to install pathway and
flagpole lighting for remaining phase of Honoring All Veterans Memorial in amount of
$24,800 S.R. No. 99
H. Consideration of approval of award of contract to Clearwater Recreation, LLC to replace
play equipment in Roosevelt Park in amount of$63,500 S.R. No. 100
M/Goettel, S/Wroge to approve the Consent Calendar.
Motion carried 5-0.
Council Meeting Minutes -4- June 12,2012
Item#4 CONSIDERATION OF ITEMS, IF ANY, REMOVED FROM CONSENT
CALENDAR
None.
Item#5 PUBLIC HEARING REGARDING ISSUANCE OF NEW ON-SALE INTOXICATING
AND SUNDAY LIQUOR LICENSES, WITH OUTSIDE SEATING, FOR PIZZA
LUCE VII, INC. D/B/A PIZZA LUCE, 800 WEST 66TH STREET S.R. NO. 101
Mayor Goettel presented Staff Report No. 101.
M/Goettel, S/Fitzhenry to close public hearing.
Motion carried 5-0.
M/Goettel, S/Sandahl to approve issuance of new on-sale intoxicating and Sunday liquor
licenses, with outside seating, for Pizza Luce VII, Inc. d/b/a Pizza Luce, 800 West 66m Street.
Motion carried 5-0.
Item #6 CONSIDERATION OF:
• CLOSE MEETING TO CONSIDER PURCHASE AGREEMENT FROM
RICHFIELD PROPERTIES I, LIMITED PARTNERSHIP (DBA RON CLARK
CONSTRUCTION AND DESIGN AND CONNELLY DEVELOPMENT) FOR
PURCHASE OF PARCELS REFERENCED AS C-1 AND C-2; AND
• ACCEPT/REJECT OR EXTEND COUNTER PROPOSAL TO PURCHASE
AGREEMENT; AND
• CONSIDER FIRST READING OF ORDINANCE PROVIDING FOR SALE
OF CERTAIN REAL PROPERTIES OF CITY TO RICHFIELD
PROPERTIES LIMITED I, LIMITED PARTNERSHIP AND SCHEDULE
SECOND READING FOR JUNE 26, 2012; AND
• CONSIDER FIRST READING OF ORDINANCE PROVIDING FOR SALE
OF CERTAIN REAL PROPERTY OF CITY TO R.E.C., INC. AND
SCHEDULE SECOND READING FOR JUNE 26, 2012 S.R. NO. 102
Mayor Goettel presented Staff Report No. 102.
M/Goettel, S/Elliott to go into closed executive session in the Bartholomew Conference
Room to consider purchase agreement from Richfield Properties I, Limited Partnership (dba Ron
Clark Construction and Design and Connelly Development)for purchase of parcels referenced as
C-1 and C-2.
City Attorney Heine stated that discussion of the C-3 property cannot occur during the
closed session unless it relates to the purchase of the C-1 and C-2 properties.
Motion carried 5-0.
The City Council recessed the open meeting at 7:47 p.m. to go into closed executive
session in the Bartholomew Room.
CLOSED EXECUTIVE SESSION
Council Meeting Minutes -5- June 12,2012
The Closed Executive Session was called to order by Mayor Goettel in the Bartholomew
Conference Room at 7:50 p.m.
Members Present: Debbie Goettel, Mayor; Fred Wroge; Tom Fitzhenry; Sue Sandahl and Pat
Elliott.
Staff Present: Steven L. Devich, City Manager: Christine Costello, Community
Development Coordinator; Rebecca Kurtz, Ehlers and Associates; Corrine
Heine, City Attorney; and Cheryl Krumholz, Recording Secretary.
The Closed Executive Session was convened pursuant to M.S. 13D.05
The Close Executive Session was adjourned by unanimous consent at 8:15 p.m. in the 1,
Bartholomew Conference Room.
The Open Meeting was called to order by Mayor Goettel at 8:19 p.m. in the Council
Chambers.
M/Goettel, S/Wroge to reject the purchase agreement from Richfield Properties I, Limited
Partnership (dba Ron Clark Construction and Design and Connelly Development) for purchase of
parcels referenced as C-1 and C-2 for the following reasons:
• Lacking a formal policy (or even informal consensus) on appropriate mix of
affordable housing for the City of Richfield.
• Desire to wait until the property value appreciates.
• Desire to wait until other housing models (i.e. for sale, different income mix, more
townhomes, etc.) are more feasible.
• Proposed project is inconsistent with some of the guidelines of the Corridor Housing
Initiative (including exceeding 2-3 stories and exceeding `low to medium density"
housing.
Council Member Sandahl stated she did not support the motion to reject because the
development is a benefit of upscale, 2 to 3 bedroom rental units for workforce housing.
Council Member Wroge stated he wanted upscale mixed housing with workplace housing,
not 100% affordable housing. He continued that a 4-story building was not appropriate on the east
side of the railroad tracks. He suggested Section 42 funding be available to rehabilitate current 1
bedroom rentals to 2-3 bedrooms. He added a housing vision for Richfield needs to be
established.
Mayor Goettel stated the City lacks a formal policy on inclusionary housing. Affordable
housing is needed but other housing models should be considered to keep the flavor of the
neighborhood.
Council Member Elliott stated future developments need informal consensus to work with
the neighborhood and developer.
Council Member Fitzhenry expressed his fear of losing the urban hometown atmosphere.
Motion carried 4-1. (Sandahl opposed)
City Attorney Heine stated since the purchase agreement was rejected, there would be no
first reading of the ordinance providing for sale of certain real properties of City to Richfield
Properties Limited I, Limited Partnership. However, a motion is needed on the first reading of the
ordinance related to the property C-3.
M/Goettel, S/Elliott to approve first reading of ordinance providing for sale of certain real
property of City to R.E.C., Inc. and schedule second reading for June 26, 2012.
Council Meeting Minutes -6- June 12,2012
Motion carried 5-0.
Item #7 CONSIDERATION OF RICHFIELD BICYCLE MASTER PLAN AS
RECOMMENDED BY TRANSPORTATION COMMISSION S.R. NO. 103
Mayor Goettel presented Staff Report No. 103.
M/Goettel, S/Sandahl to approve Richfield Bicycle Master Plan as recommended by,
Transportation Commission.
Motion carried 5-0.
Item #8 CITY MANAGER'S REPORT
None.
Item#9 CLAIMS AND PAYROLLS
M/Wroge, S/Sandahl that the following claims and payrolls be approved:
U.S. Bank 06/12/12
A/P Checks: 213244-213747 $ 1,553,179.32
Payroll: 83968-84292 $ 1,109,006.66
TOTAL $ 2,662,185.98
Motion carried 5-0.
OPEN FORUM
None.
ADJOURNMENT
The City Council meeting was adjourned by unanimous consent at 8:42 p.m.
Date Approved: June 26, 2012
Debbie Goettel
Mayor
Cheryl Krumholz Steven L. Devich
Executive Coordinator City Manager
CITY COUNCIL MINUTES
Richfield, Minnesota
,1 er Special City Council Worksession
June 26, 2012
CALL TO ORDER
The meeting was called to order by Mayor Goettel at 6:16 p.m. in the Council Chambers.
ROLL CALL
Council Members Debbie Goettel, Mayor; Tom Fitzhenry; Pat Elliott; Fred Wroge; and Sue
Present: Sandahl
Staff Present: Steven L. Devich, City Manager; Mike Eastling, Public Works Director; John
Stark, Community Development Director; Wayne Kewitsch, Fire Services
Director; Bill Fillmore, Liquor Operations Director; Todd Sandell, Acting Public
Safety Director; Chris Regis, Finance Manager; Pam Dmytrenko, Assistant
City Manager; and Cheryl Krumholz, Executive Coordinator
Item #1 DISCUSSION REGARDING KEY FINANCIAL STRATEGIES
Finance Manager Regis reviewed the short-term and long-term key financial strategies,
management plan, including the estimated 2013 total tax levy increase and capital financing plan.
City Manager Devich discussed local government aid and fiscal disparities.
Item #2 DISCUSSION REGARDING PROPOSED FIRE STATION NO. 2 REMODEL
(COUNCIL MEMO NO. 75)
Fire Services Director Kewitsch reviewed the needed and proposed upgrades and renovations
at the fire station, including the preliminary assessment and project scoping performed by Leo A. Daly
to develop a solution, project status, and budget.
City Manager Devich explained the funding sources, including local government aid, 2012
budget savings, and some capital fund. He stated he did not want to be in the position to issue more
debt and believed funds were available for the project.
The City Council consensus was to move forward with the project.
Special Worksession Minutes -2- June 26, 2012
ADJOURNMENT
The meeting was adjourned by unanimous consent at 6:48 p.m.
Date Approved: July 10, 2012
Debbie Goettel
Mayor
Cheryl Krumholz Steven L. Devich
Executive Coordinator City Manager
CITY COUNCIL MEETING MINUTES
.e�� Richfield, Minnesota
c
Regular Meeting
• June 26, 2012
CALL TO ORDER
The meeting was called to order by Mayor Goettel at 7:00 p.m.
ROLL CALL
Members Present: Debbie Goettel, Mayor; Tom Fitzhenry; Pat Elliott, Sue Sandahl; and Fred
Wroge.
Staff Present: Steven L. Devich, City Manager; Mike Eastling, Public Works Director;
John Stark, Community Development Director; Jim Topitzhofer, Recreation
Services Director; Todd Sandell, Acting Public Safety Director; Chris
Regis, Finance Manager; Pam Dmytrenko, Assistant City Manager;
Corrine Heine, City Attorney; and Cheryl Krumholz, Executive Coordinator.
OPEN FORUM
City Attorney Heine stated public comment is not required on non-public hearing items on
the agenda. It is the City Council's decision to allow comment when that item comes before them.
Andy Hartle, 6332— 17th Avenue, expressed support for the proposed acquisition of
properties on 17th Avenue.
PLEDGE OF ALLEGIANCE
Mayor Goettel led the audience in the Pledge of Allegiance.
APPROVAL OF MINUTES
M/Wroge, S/Fitzhenry to approve the minutes of(1) Special City Council Worksession of
June 12, 2012.
Motion carried 5-0.
Item #1 PRESENTATION OF GENE AND MARY JACOBSEN OUTSTANDING
CITIZEN OF YEAR AWARD TO PATRICK OLSON (COUNCIL MEMO NO. 74)
Council Meeting Minutes -2- June 26,2012
Mayor Goettel presented the Gene and Mary Jacobsen Outstanding Citizen of the Year
Award to Patrick Olson.
Item#2 PRESENTATION OF CERTIFICATE OF APPRECIATION TO THE RICHFIELD
FOURTH OF JULY COMMITTEE
Mayor Goettel presented a Certificate of Appreciation to the Richfield Fourth of July
Committee representatives Kelly Robison and Andrew Seffrood.
Item #3 COUNCIL DISCUSSION
• HATS OFF TO HOMETOWN HITS
None.
Item#4 COUNCIL APPROVAL OF AGENDA
MNVroge, S/Elliott to approve the agenda.
Motion carried 5-0.
Item#5 CONSENT CALENDAR
A. Consideration of approval of resolution declaring adoption by the City of the Ten
Performance Measures and Performance Measure System as developed by the Legislative
Council on Local Results and Innovation S.R. No. 104
RESOLUTION NO.10661
RESOLUTION ADOPTING AND IMPLEMENTING MODEL PERFORMANCE MEASURES FOR
CITIES AS ESTABLISHED BY THE COUNCIL ON LOCAL RESULTS AND INNOVATION,
CREATING A COMPREHENSIVE PERFORMANCE MEASUREMENT SYSTEM, REPORTING
THE RESULTS OF SUCH REPORT TO THE LOCAL PUBLIC, AUHTORIZING THE SURVEY OF
RESIDENTS, AND REPORTING RESULTS TO THE OFFICE OF THE STATE AUDITOR
This resolution appears as Resolution No. 10661.
B. Consideration of approval of award of contract to Maenke Brothers Outdoor to install
landscaping for the final phase of the Honoring All Veterans Memorial in the amount of
$30,832 S.R. No. 105
C. Consideration of approval of award of contract to Murphy Granite Carving, Inc. to install
remaining granite features for the final phase of the Honoring All Veterans Memorial in the
amount of$32,297 S.R. No. 106
D. Consideration of approval of Community Celebration Event license, with a request for a fee
waiver, and a Temporary On-Sale Intoxicating Liquor license for the Fourth of July
Committee for events scheduled to take place at Veterans Memorial Park, July 1 through
July 5, 2012 S.R. No.107
E. Consideration of approval of temporary on-sale 3.2 percent malt liquor license for the
Minneapolis-Richfield American Legion Post 435, 6501 Portland Avenue South, for
activities scheduled to take place on July 4, 2012 S.R. No. 108
F. Consideration of approval of first reading of an ordinance rezoning the property at 301 —
77th Street West (commonly referred to as the "Candlewood Outlot")from Mixed-Use—
Community (MU-C) to Planned Mixed Use (PMU) S.R. No. 109
Council Meeting Minutes -3- June 26,2012
M/Goettel, S/Elliott to approve the Consent Calendar.
Motion carried 5-0.
Item#6 CONSIDERATION OF ITEMS, IF ANY, REMOVED FROM CONSENT
CALENDAR
•
None.
Item#7 CONSIDERATION OF REQUEST FOR RECONSIDERATION OF THE COUNCIL'S
JUNE 12, 2012 ACTIONS REGARDING THE PURCHASE AGREEMENT AND
FIRST READING OF AN ORDINANCE RELATED TO THE SALE OF REAL
PROPERTY(C-1 AND C-2 PARCELS) TO RICHFIELD PROPERTIES I, LIMITED
PARTNERSHIP (DBA RON CLARK CONSTRUCTION AND DESIGN AND
CONNELLY DEVELOPMENT) S.R. NO. 110
Council Member Sandahl presented Staff Report No. 110.
M/Sandahl, Goettel to deny request for reconsideration of the Council's June 12, 2012
actions regarding the purchase agreement and first reading of an ordinance related to the sale of
real property (C-1 and C-2 parcels)to Richfield Properties I, Limited Partnership (dba Ron Clark
Construction and Design and Connelly Development).
Council Member Wroge stated nothing positive had changed since the decision was made.
Council Member Sandahl stated she originally supported the reconsideration but
understood the votes necessary were not there.
Motion carried 5-0.
Item #8 PUBLIC HEARING AND CONSIDERATION OF A MODIFICATION TO THE
REDEVELOPMENT PLAN FOR THE RICHFIELD REDEVELOPMENT PROJECT
AREA AND ADOPTING A TAX INCREMENT FINANCING PLAN FOR THE 2012-1
HOUSING TAX INCREMENT FINANCING DISTRCIT (PILLSBURY COMMONS)
S.R. NO. 111
Mayor Goettel presented Staff Report No. 111.
Ghislaine Ball, 7627 Harriet Avenue, stated if the City leaves the property fallow, there will
be more tax benefit in 15 years than in 30 years with a TIF District.
Council Member Wroge said he believed the land is valuable and could be used a different
way. He added he was surprised TIF was needed at all on this project.
M/Wroge, S/Sandahl to close public hearing.
Motion carried 5-0.
M/Goettel, S/Wroge that the following resolution be adopted and that it be made part of
these minutes:
RESOLUTION NO.10662
RESOLUTION DENYING APPROVAL OF A MODIFICATION
Council Meeting Minutes -4- June 26,2012
TO THE REDEVELOPMENT PLAN FOR RICHFIELD REDEVELOPMENT
PROJECT AREA AND ESTABLISHMENT OF 2012 1 HOUSING TAX INCREMENT
FINANCING DISTRICT (PILLSBURY COMMONS)AND A TAX INCREMENT
FINANCING PLAN THEREFOR
Motion carried 5-0. This resolution appears as Resolution No. 10662
Item #9 CONSIDERATION OF FIRST READING OF ORDINANCE REZONING 211 WEST
76Th STREET &7641 PLEASANT AVENUE FROM INDUSTRIAL (I)TO PLANNED
MULTI-FAMILY RESIDENTIAL (PMR)S.R. NO. 112
Council Member Wroge presented Staff Report No. 112.
Community Development Director Stark stated the Planning Commission unanimously
voted to not rezone the site and took no action on the other related items.
M/Wroge, S/Elliott to deny first reading of ordinance rezoning 211 West 76th Street and
7641 Pleasant Avenue from Industrial (I) to Planned Multi-Family Residential (PMR).
City Attorney Heine recommended the motion be amended to include the findings of fact as
set forth in the resolution with Item#11.
M/Wroge, S/Goettel to amend the original motion to include the findings of fact and deny
first reading of ordinance rezoning 211 West 76m Street and 7641 Pleasant Avenue from Industrial
(I)to Planned Multi-Family Residential (PMR).
Motion carried 5-0.
Item#10 CONSIDERATION OF SECOND READING OF TRANSITORY ORDINANCE
AUTHORIZING SALE OF REAL PROPERTY AT 7641 PLEASANT AVENUE
(SOUTH PORTION ONLY, REFERRED TO AS PARCEL C-3)TO R.E.C., INC.
S.R. NO. 113
Council Member Elliott presented Staff Report No. 113.
M/Elliott, S/Sandahl that this constitutes the second reading of Bill No. 2012-7, Transitory
Ordinance 18.83 authorizing sale of real property at 7641 Pleasant Avenue (south portion only,
referred to as parcel C-3) to R.E.C., Inc., that it be published in the official newspaper and that it be
made part of these minutes.
Motion carried 5-0.
Item#11 CONSIDERATION OF FINAL DEVELOPMENT PLAN AND CONDITIONAL USE
PERMIT FOR PLANNED UNIT DEVELOPMENT TO INCLUDE A 70-UNIT
DEVELOPMENT THAT INCLUDES 18 TOWNHOMES AND A 52-UNIT
APARTMENT BUILDING ON 7641 PLESANT AVENUE (THE FORMER
RICHFIELD PUBLIC WORKS GARAGE PROPERTY AND THE FORMER
GLEASON MORTUARY AT 211 WEST 76Th STREET) BY RICHFIELD
PROPERTIES I, LIMITED PARTNERSHIP (DBA RON CLARK CONSTRUCTION
AND DESIGN AND CONNELLY DEVELOPMENT) S.R. NO. 114
Mayor Goettel presented Staff Report No. 114.
Council Member Sandahl read the findings of facts stated in the resolution.
Council Member Wroge stated he's learned a lot through this process.
Council Meeting Minutes -5- June 26,2012
Council Member Fitzhenry thanked the citizen group for their involvement. He encouraged
them to remain involved in the community.
Mayor Goettel encouraged residents to become engaged in the review of the Stantec
Housing Report.
M/Goettel, S/Fitzhenry that the following resolution be adopted and that it be made part of
these minutes:
RESOLUTION NO.10663
RESOLUTION DENYING REQUEST FOR REZONING, FINAL DEVELOPMENT PLAN AND
CONDITIONAL USE PERMIT FOR PILLSBURY COMMONS
Motion carried 5-0. This resolution appears as Resolution No. 10663.
Item#12 CONSIDERATION OF AUTHORIZING STAFF TO HIRE A CONSULTANT TO
PERFORM APPRAISALS AND BEGIN ACQUISITION SERVICES FOR 13
RESIDENTIAL PROPERTIES ON 17TH AVENUE BETWEEN 63RD STREET AND
65TH STREET NEEDED FOR CONSTRUCTION OF RICHFIELD PARKWAY S.R.
NO. 115
Council Member Fitzhenry presented Staff Report No. 115.
Public Works Director Eastling stated there were five property owners not at the
neighborhood meeting but contact has been made with all of them. However, two or three have not
responded.
Public Works Director Eastling explained the resident-driven petition process, including the
property owners having the appraisal and contingent purchase agreement in advance of signing
the petition. When a petition is presented to the City Council, it is a City Council decision to
proceed.
Council Member Wroge stated if one or two properties don't want to be acquired, the City
could threaten condemnation.
City Attorney Heine stated the City has never acquired residential property by
condemnation.
Council Member Sandahi said since this is a roadway project, the City does have the
authority to condemn and the City could build in the right-of-way and leave the home.
M/Fitzhenry, S/Goettel to approve authorizing staff to hire a consultant to perform
appraisals and begin acquisition services for 13 residential properties on 171"Avenue between 63rd
Street and 651" Street needed for construction of Richfield Parkway.
Motion carried 5-0.
Item#13 CITY MANAGER'S REPORT
None.
Item#14 CLAIMS AND PAYROLLS
M/Sandahl, S/Wroge that the following claims and payrolls be approved:
Council Meeting Minutes -6- June 26,2012
U.S. Bank 06/26/12
A/P Checks: 213748-214301 $ 1,177,265.57
Payroll: 84653-85017; 41880—41882 $ 585,493.68
TOTAL $ 1,762,759.25
Motion carried 5-0.
OPEN FORUM
None.
ADJOURNMENT
The City Council meeting was adjourned by unanimous consent at 8:06 p.m.
Date Approved: July 10, 2012
Debbie Goettel
Mayor
Cheryl Krumholz Steven L. Devich
Executive Coordinator City Manager
AGENDA SECTION: CONSENT
AGENDA ITEM# 4A
' REPORT# 116
STAFF REPORT
RICHFIELD CITY COUNCIL MEETING
JULY 10, 2012
REPORT PREPARED BY: CHRISTINE COSTELLO, COMMUNITY
DEVELOPMENT SPECIALIST
NAME,TITLE
DEPARTMENT DIRECTOR
REVIEW:
REVIEWED BY CITY / .' �,
MANAGER:
ITEM FOR COUNCIL CONSIDERATION:
Cancel the public hearing on July 10, 2012 regarding the preliminary and final plat approval for
land located at 7641 Pleasant Avenue (the former Richfield Public Works Garage property and
the former Gleason Mortuary at 211 West 76th Street). (Pillsbury Commons).
I. RECOMMENDED ACTION:
By Motion: Cancel the public hearing on July 10, 2012 regarding the
consideration of a plat for land located at 7641 Pleasant Avenue (the
former Richfield Public Works Garage property and the former
Gleason Mortuary at 211 West 76th Street). Pillsbury Commons).
II. BACKGROUND
On July 2, 2012 Connelly Development (Developer) withdrew their land use
application for property replat for the Pillsbury Commons project. Therefore, no
further action is required. If the Developer or any future developer requires land
use approvals for this site in the future they will be required to submit a new land
use application and begin the process from the beginning.
III. BASIS OF RECOMMENDATION
A. POLICY
• All plats of land must be approved by the City Council.
07102012-CANCEL PH Pillsbury Commons Plat.doc
• Preliminary and final plats are typically processed and acted upon by
the Council simultaneously.
B. CRITICAL TIMING ISSUES
• Approval of a plat is necessary for a project to move forward.
• 60-DAY RULE.: Due to notification by the Developer the 60-day clock
officially 'stopped' on July 2, 2012
C. FINANCIAL
• The required application fee has been paid.
D. LEGAL
• Notice of this public hearing has been published in the Sun Current
Newspaper in accordance with notification requirements.
E. ENVIRONMENTAL CONSIDERATIONS
• N/A
IV. ALTERNATIVE RECOMMENDATIONS)
• N/A
V. ATTACHMENTS
• N/A
VI. PRINCIPAL PARTIES EXPECTED AT MEETING
• N/A
AGENDA SECTION: CONSENT
AGENDA ITEM# 4B
REPORT# 117
mad!" STAFF REPORT
RICHFIELD CITY COUNCIL MEETING
JULY 10, 2012
REPORT PREPARED BY: KRISTIN ASHER, CITY ENGINEER
NAME,TITLE
DEPARTMENT DIRECTOR
Er .
REVIEW: e/
REVIEWED BY CITY
i
iii /rarj
MANAGER: AV �A... ie
ITEM FOR COUNCIL CONSIDERATION:
Consideration of first reading of an ordinance amendment related to the enforcement of
Minnehaha Creek Watershed District's Stormwater Management Rule and schedule a second
reading.
I. RECOMMENDED ACTION:
By Motion:
1. Approve the first reading of an amended ordinance related to
Minnehaha Creek Watershed District's Stormwater Management
Rule.
2. Schedule the second reading for July 24, 2012.
II. BACKGROUND •
Maintaining Regulatory Authority
Much of the eastern section of Richfield falls within the Minnehaha Creek
Watershed District (MCWD). The City has sole regulatory authority within city
boundaries with respect to MCWD's Erosion Control, Floodplain Alteration, Wetland
Protection and Stormwater Management Rules. In order to maintain regulatory
authority of the Stormwater Management Rule, the attached City Ordinance must
be adopted by the City Council.
Memorandum of Understanding
The MCWD rules apply to properties within the watershed district boundaries even
without the City adopting the proposed amendments. On July 14, 2009 the City
07102012StormOrdinance
Council approved a Memorandum of Understanding (MOU) between the MCWD
and the City allowing the City to maintain exercising sole regulatory authority within
City boundaries with respect to matters subject to regulation under MCWD's
Erosion Control, Floodplain Alteration, Wetland Protection and Stormwater
Management Rules. As part of the MOU agreement the City also agreed to update
the City Ordinances and Zoning Code to comply with the Districts rules.
Minnehaha Creek Watershed District's 2011 Rule
The proposed code amendments support the following 2011 MCWD regulation
changes within the area of MCWD's jurisdiction:
• Required management activities are based on size and disturbance area
(previously size and type of project)
• Takes into count changes in impervious cover
• Built upon non-degradation for phosphorus
▪ Has added a volume control component in certain cases
Subd. 5. Financial Assurance
Staff is recommending that the proposed Financial Assurance subdivision be
adopted citywide. The Financial Assurance subdivision allows the City to require a
performance bond, letter of credit, or other financial assurance for any project that
requires installation of a stormwater best management practice in order to assure
proper construction and maintenance will be completed as part of the project.
III. BASIS OF RECOMMENDATION
A. POLICY
• The proposed ordinance amendments are consistent with the
Memorandum of Understanding between the City of Richfield and
MCWD.
B. CRITICAL TIMING ISSUES
• In accordance with the MOU approved in 2009, the City agreed to
amend and/or adopt ordinances to be consistent with the MCWD
Rules within 180 days of adoption by the District.
C. FINANCIAL
• N/A
D. LEGAL
• The proposed ordinance amendments were prepared by the City
Attorney.
E. ENVIRONMENTAL CONSIDERATIONS
• The MCWD strives to protect, improve and manage surface waters
and affiliated ground water resources within the District. The
proposed rules support this mission.
IV. ALTERNATIVE RECOMMENDATIONS)
• The Council may choose not to approve the first reading of the amended
ordinance and direct staff on how to proceed.
V. ATTACHMENTS
• Proposed Amendment to Water Resource Management Ordinance
Subsection 429.05.
• Watershed District Map
VI. PRINCIPAL PARTIES EXPECTED AT MEETING
• None anticipated.
CITY OF RICHFIELD
ORDINANCE NO.
AN ORDINANCE RELATING TO WATER RESOURCE
MANAGEMENT; AMENDING SUBSECTION 429.05
OF THE RICHFIELD CITY CODE
THE CITY OF RICHFIELD DOES ORDAIN:
Section 1. Subsection 429.05 of the Richfield City Code is amended as
follows:
429.05. Stormwater Management for Land Altering Activities. Subdivision 1.
Administration. The city council hereby designates the Director of Public Works
as the administrator of this section.
Subd. 2. Application. Stormwater management plans shall be reviewed
and approved under the existing building permit review process. The applicant
must include the requirements of this section in the plans submitted as part of the
building permit review.
Subd. 3. Activities Subject to Stormwater Management Regulations
Outside of the Minnehaha Creek Watershed District. The following table I
outlines those activities that require no permit and those activities that require
permits for stormwater management as outlined in the city's comprehensive
surface water management plan for various development and redevelopment
activities outside of the Minnehaha Creek Watershed District:
Table I
Requirements
No permit BMPs Water Water
Project quantity quality
control control
a) Single-family home X
construction
b) Construction on less X
than 2 acres w/density
of less than or equal to 2
acres
c) Residential subdivision X
between 2 and 8 acres
d) Residential subdivision X X
between 8 and 20 acres
400631v1 CLL RC145-364 1
Requirements
No permit BMPs Water Water
Project quantity quality
control control
e) Residential subdivision X X X
greater than or equal to
20 acres
f) Multi-unit residential X
development w/ less
than 8 units/acre
g) Multi-unit residential X
development greater
than 2 acres and less
than 5 acres
h) Multi-unit residential X X
development greater
than or equal to 5 acres
and less than 8 acres
i) Multi-unit residential X X X
development greater
than 8 acres
j) Commercial, industrial, X
institutional, or mixed
use development of less
than % acre
k) Commercial, industrial, X X
institutional, or mixed
use development of
greater than %2 acre and
less than 8 acres
I) Commercial, industrial, X X X
institutional, or mixed
use development of
greater than 8 acres
m) Maintenance, X
improvement, or
construction of public or
private road, street,
highway, sidewalk, trail,
other linear project or
parking lot that does not
result in net increase in
impervious surface
400631v1 CLL RC145-364 2
Requirements
No permit BMPs Water Water
Project quantity quality
control control
n) Maintenance, X
improvement, or
• construction of public or
private road, street,
highway, sidewalk, trail,
other linear project or
parking lot that results in
net increase in
impervious surface of
less than 1 acre
o) Maintenance, X X
improvement, or
construction of public or
private road, street,
highway, sidewalk, trail,
other linear project or -
parking lot that results in
net increase in
impervious surface of
greater than 1 acre and
the project area is less
than 5 acres
p) Maintenance, X X X
improvement, or
construction of public or
private road, street,
highway, sidewalk, trail,
other linear project or
parking lot that results in
net increase in
impervious surface of
greater than 1 acre and
the project area is more
than 5 acres
a. Stormwater runoff discharge rates may not exceed the existing
conditions for the 1-, 10-, and 100-year storm events. If the
increase in imperviousness is 50% or greater, the discharge rate
requirements must be based on pre-development conditions.
400631v1 CLL RC145-364 3
Lf -LF
b. Stormwater runoff to a landlocked area that cannot handle the
increased runoff must maintain runoff volumes to the existing
conditions.
c. Water quality control facilities must remove 50% of the
phosphorous on an annual average removal basis.
d. Stormwater ponds must have a 10-foot, 10:1 bench, two feet of
freeboard, and must remove floatables from a 1-year event.
e. Sidewalks and trails that do not exceed 10 feet in width and are
bordered by a pervious buffer of at least 5 feet on each side are not
included in calculations for net increase in impervious surface.
f. Water quality and quantity provision requirements may be waived
by the administrator if a downstream facility is in place or will be
constructed and the facility is designed to accommodate the
stormwater runoff from the project.
g. The requirements of this ordinance may be waived by the
administrator or board of adjustments and appeals if it is
determined that meeting the requirements of this subsection on site
is not feasible.
Subd. 4. Stormwater Management Regulations in the Minnehaha Creek
Watershed District ("MCWD"). In the area of the jurisdiction of the Minnehaha
Creek Watershed District, no one may create new or replace existing pervious
surface or change the contours of a parcel of land in a way that affects the
direction. peak rate. volume, or water quality of runoff flows from the •arcel or
subdivide a parcel of one acre or more in size into three or more lots without first
submitting a stormwater management plan to the city Director of Public Works
and securing a permit from the city approving the plan.
a. New development, redevelopment, subdivision of land and linear
trans•ortation •ro"ects must com.1 with a• •livable re•uirements of
the MCWD Stormwater Management Rule.
b. Activities that are exempt from the MCWD Stormwater
Management Rule are exempt from this section.
c. An applicant must meet the requirements of, and provide a
stormwater management plan that includes all information required
by. the MCWD Stormwater Management Rule unless otherwise
directed by the Director of Public Works.
400631v1 CLL RC145-364 4
Subd. 5. Financial Assurance. The city may require a performance bond.
letter of credit or other financial assurance for any project that requires
installation of stormwater best management practices. The financial assurance
shall be maintained until the stormwater best management practice has been
constructed and stabilized.
Subd.. 6. Compliance with Plan and Maintenance of Facilities.
a. Projects shall be constructed and maintained in accordance with
the approved stormwater manaaement plan and an conditions
imposed by the city.
b. All stormwater management structures and facilities must be
designed for maintenance access and properl maintained in
perpetuity to assure that they continue to function as designed.
Permit applicants must provide a maintenance plan that identifies
and protects the design. capacity and functionality of onsite and
offsite stormwater management facilities: specifies the methods,
schedule and responsible parties for maintenance: provides for the
maintenance in pe •etui of the facility: and contains a satisfactory
maintenance declaration.
Subd. 47. Construction Standards. The design and construction criteria for
stormwater management plans outlined in the city's surface water management
plan and the MPCA "Protection Water Quality in Urban Areas" shall be utilized as
the construction standards for these regulations. These criteria are on file in the
city engineering office.
Section 2. This ordinance is effective in accordance with section 3.09 of
the Richfield City Charter.
Debbie Goettel, Mayor
ATTEST:
Nancy Gibbs, City Clerk
400631v1 CLL RC145-364 5
I
0)
2
U
2 1 CO
0 Z o o :22 as
LLI = 2 2 0
V m 2 C 1
Q
8V030
/ww aat >.
311 ��$ g 1! 4111
4181 h III 11j a 4191
E!
NO19 0110 0 019 �� NOlON1w0019
V 3 ID
41st V•� 41st
• 4141 4191
LaE t 4191
Amommi0 w 4111 4111
�
4 all
4111
le SS
• - 4101 4109
‘'Vli 101113 c 101113
0900011-10 (� 0 00VO190
Sne9n100
snewnlo0
Xatld d V Q F3
Xatld
ONV'INVO �' ONtllNtlO
w\ ONtlllaOd €� x L
/W\ ONVll8Od
41s e
y aS
10 n G
419
NO1NIl0 x
NO1NIl0
P E 0'E PIE
P9Z NW 1,119
SN3A31S SN3A31S
Is (� g 1st
13110019 - 13110019
CO 11300IVle 3€ ill b'
liiibli 1130SIVle
H180M1N3M E 1
_ H1aOMIN3M
101199111d j E 101199111d 3
1NtlStl3ld
ONV �5 1NVSV31d
aO s
yob ONV80
13I8NVH <, O. 131a8VH
e`
w.1 Ol31datl0
O1313atl0 '0'0 yliB�y
E P
31VONA1
ill ti's 31VONA1 0 LL
W 1-101001V
1NVAa8 !! V
12 OV.41:1 1NVA8 8 O
CO
XVd100 XV3100
1NOdn0 1NOdn0
NOSa3W3 6 ,, t.: NOSa3W3
U
1NOW3a3
atlas O E
1NOW3
a3 0
0
• 10108 wnH
12K 1010839H
O ONIAa1
ONIAN1
030301V1" GA
S3WVf
XONX y 0 g Z XONN
C
Ntl001 Ntl001 Q 0
O NVOaOW 1 NtlOaOW 0
s�-
NO1M3N II! NO1M3N d'
93A110 a3AIl0
E I
NN3d e.s NN3d
AMMO N33110 F N3300
• - ag.g
RES 113SSna O
U ii3esnel
NVO013HS E I NVOIa3HS o '
SVWOHI g SVWOH1 N
{
NOldn `z_ 1i Noldn 0 '
1NJONIA O
1N3ONIA 0_ 1
000909VM t NNIBHSVM
P4 . S3X83X
S3Xa3X
0
£ m m m So C F C a n _
m �o .o m r
AGENDA SECTION: CONSENT
AGENDA ITEM# 4C
REPORT# 118
maga!' STAFF REPORT
RICHFIELD CITY COUNCIL MEETING
Enummilin JULY 10
JUL , 2012
REPORT PREPARED BY: JEFF PEARSON,
TRANSPORTATION ENGINEER
NAME,TITLE
DEPARTMENT DIRECTOR
REVIEW:
Asir 7 1�
11/REVIEWED BY CITY �1-
MANAGER: / 411/1 1_
ITEM FOR COUNCIL CONSIDERATION:
Consideration of renewal of commercial lease with Minnesota Department of Transportation
for use of excess land along 1-494 adjacent to the Best Buy Campus for continued use as a
parking lot and transit station.
I. RECOMMENDED ACTION:
By Motion: Approve Minnesota Department of Transportation lease
agreement No. 27710 with Amendment #2 for continued use of excess
land along 1-494 next to Best Buy Campus.
II. BACKGROUND
On January 13, 2004 City Council approved original commercial lease agreement
no. H-06048 for surplus land along 1-494 adjacent to the Best Buy Campus. On May
22, 2007 Council approved Amendment#1 and renewal of the lease for five years
to August 31, 2012.
This land amounting to almost 62,000 square feet combined with land purchased
from the Best Buy Company has been used as a parking lot by Best Buy, and a
park-n-ride lot and transit station by Metro Transit.
The attached lease agreement permits the continued use of the Mn/DOT property
for the same uses as before for a period of two (2) years. The new lease will
become effective on August 31, 2012.
07102012RALFLease2
III. BASIS OF RECOMMENDATION
A. POLICY
• The proposed lease agreement furthers the City's policy to preserve
transportation infrastructure. The excess 494 right of way covered by
the agreement will only be used for surface parking and a transit
station until the land is needed to rebuild 1-494.
B. CRITICAL TIMING ISSUES
• The existing lease expires on August 31, 2012.
C. FINANCIAL
• Approval of the lease will have no impact on City finances.
D. LEGAL
• The City Attorney has reviewed the lease agreement.
E. ENVIRONMENTAL CONSIDERATIONS
• None
W. ALTERNATIVE RECOMMENDATIONS)
• The Council may choose not to approve the lease and direct staff on how to
proceed.
V. ATTACHMENTS
• Amendment of Commercial Lease No. 2, Lease No. 27710 of the Minnesota
Department of Transportation
• Map of excess land covered by the proposed lease
VI. PRINCIPAL PARTIES EXPECTED AT MEETING
• None
Minnesota Department of Transportation
Metro District
1500 W. County Road B2
Roseville, MN 55113
651-234-7699
C.S. 2732 (5=111) 902 LEASE NO. 27710
PARCEL: 0017
AMENDMENT OF COMMERCIAL LEASE
No. 2
THIS AGREEMENT, is made by and between the State of Minnesota, Department of
Transportation ("Landlord") and City of Richfield ("Tenant"), and shall be an amendment and
addition to Lease No. 27710.
WITNESSETH:
WHEREAS, Landlord and Tenant entered into Lease No. 27710 ("Lease") involving the rental
• of a commercial property;
WHEREAS, the parties deem certain amendments and additional terms and conditions
mutually beneficial for the effective continuation of said Lease; and
NOW THEREFOR, Landlord and Tenant agree to substitution and/or addition of the following
terms and conditions which shall become a part of the Lease No. 27710, effective as of the
date set forth hereinafter.
1. Effective on August 31, 2012, this Lease No. 27710 shall be renewed for a period of
two (2) year(s) commencing on September 1, 2012 and continuing through August 31,
2014, with the right of termination in both Landlord and Tenant as set forth in the
Lease.
2. Effective on August 31, 2012, Section 2 of the Lease is deleted in its entirety and the
following is substituted in lieu thereof:
2. RENT. The consideration for this Lease shall be land lord will provide the Premises
to Tenant for public on-street parking. At its own cost and expense, Tenant or its
sublessee will maintain the Premises.
3. Effective August 31, 2012, Sections 9 of the Lease are deleted in their entirety and the
following Sections of the Lease is substituted thereof:
9. INSURANCE. Prior to execution of this Lease by Landlord, the Tenant shall
provide Landlord with a properly executed certificate(s) of insurance which shall clearly
evidence the insurance required below, and provide that such insurance will not be
canceled, except on 30 days' prior written notice to Landlord.
Commercial Amendment Page 1 of 4 LS1022 6/13/2012
9.1 Tenant shall maintain during the full term of this Lease commercial general liability
insurance or equivalent form including Premises-Operations Liability,
Products/Complete Operations Liability (if applicable), Contractual Liability, and Fire
Legal Liability with a limit of not less than $2,000,000 each occurrence. If such
insurance contains a general aggregate limit, it will be equal to or greater than
$2,000,000 and apply separately to this Lease.
9.1.1 This insurance shall be primary with respect to any insurance or self-insurance
programs covering Landlord, its Officers and employees.
9.2 Tenant shall maintain during the full term of this Lease workers' compensation
insurance with statutory limits and employers' liability insurance with limits not less
than $100,000 bodily injury by disease per employee, $500,000 bodily injury by
disease aggregate and $100,000 bodily injury by accident.
An Umbrella or Excess Liability insurance policy may be used to supplement the policy
limit to satisfy the full policy limits required by the Lease.
If Minnesota Statute 176.041 exempts Tenant from Workers' compensation insurance
or if the Tenant has no employees in the State of Minnesota, Tenant must provide a
written statement, signed by the authorized signer of the contract, staffing the qualifying
exemption that excludes Tenant from MN Workers' Compensation requirements.
If during the course of the contract the Tenant becomes eligible for Workers'
Compensation, the Tenant must comply with the Worker's Compensation Insurance
requirements included herein and provide the State of Minnesota with a certificate of
insurance.
4. Effective August 31, 2012, Section 20 of the Lease is hereby deleted and the following
Section is substituted therefore:
Section 20 HAZARDOUS SU:STANCES O~ POLLUTANTS OR COT :1INANTS.
Tenant shall not cause or permit any hazardous substance or pollutant or contaminant
. to be used, generated, stored or disposed of on or in the Premises by Tenant,
Tenant's agents, employees, contractors or invitees. If the Tenant causes or allows the
Premises to become contaminated in any manner by hazardous substances or
pollutants or contaminants, during the term of this Lease, Tenant shall indemnify and
hold harmless the Landlord in accordance with Section 8 of this Lease. This
indemnification is intended to, and shall, survive the termination of this Lease. Without
limitation of the foregoing, if Tenant causes or permits the presence of any hazardous
substance or pollutant or contaminant on the Premises, and that presence results in
contamination, Tenant shall promptly, at its sole expense, take any and all necessary
actions approved by the Landlord to return the Premises to a condition that is in
accordance with all applicable Federal, State and Local regulations.
Commercial Amendment Page 2 of 4 LS1022 6/13/2012
L4G-3
5. The terms of the original Lease and its amendment(s) are expressly reaffirmed and
remain in full force and effect. By this reference the original Lease and its
amendment(s) are attached and incorporated into this agreement.
•
•
Commercial Amendment Page 3 of 4 LS1022 6/13/2012
4c- 4
TENANT
City of Richfield
Signature
Print Name
Title Date ,
Signature
Print Name
Title Date
LANDLORD, STATE OF MINNESOTA
DEPARTMENT OF TRANSPORTATION
COMMISSIONER OF TRANSPORTATION
By
Tom O'Keefe, P.E.
Metro Program Delivery Engineer
Date
Approved as to form and execution
OFFICE OF CONTRACT MANAGEMENT
By
Title
• Date
Commercial Amendment Page 4 of 4 LS1022 6/13/2012
1111 i
1• MINNESOTA DEPARTMENT OF TRANSPORTATION — CITY OF RICHFIELD LEASE EXHIBIT
• 1 -INCH = 120 FEET
•
•
•
° I
I � ° I I
—N- ...___� j
77TH ST . W °
. ... •.. .•. ... ... •..- .• 1
v-) r
I
IH y 1
I I j
�(
c._._. .1 ° M �. o
° I •
Z 1 } .1 IV) I It„ \ � °
'z' 140 i
L i i N ° ° \/l V °
...
1 '+�, p ° I c�. O
2 1 I ,> I I
3,_ Ai• N w I
tO
•T....., , ° 1 I ;z I o ° 1 <
R /3•
1, ` 36.1 ji4 • 2
$ 718.49' i �• ° B 1 O I FUTURE (RACE) Mn/DOT R/W CD I O
o°g 45°24'59"11 Ino �'' ^
m H220 26.96, ° a r 7 I
l - 689°41'04"E - y\ i 'nom 125.10 '- " ` -180.90' • -" \ v 0 o y Z
O I 90 -- -- - \ �,� /` ` , >I VU ' - / 7 °.. _ 189.94' I• • o �.. _ .•'�-••�.'-
�- S89-41'04'E V 585°28'S3°E 7fi.T+ 04
W ` /74.44~` ��. _` s /X888°29 251E 588"•9'2'.•E r �■ - o
P1 t J - - 4 6 16'I3'R 2322.83 1 2S ,s5 - m
N N7 01'39" •�, ��- T ,) - - - i"9.15 V - •/
rn 60_+1 b - �'7T.19 ����`'i 3j0 S3�_L/N� J N89°15'19"E : i/I NOV 19'19"E tar-.
N89°21'4011 , !�—�li� "�c°l6. OF - , II N' *SOUTH LINE OF OUTLOT Cam 140•,4. ; �''
v [F .���(- ae•e 0(/TL G p E F G I QI 1 P P - me°SD zert — p
w qsf �'s�r�, - 0 1 • p ,
O I a= "`\,•• /�78 K <1�� l T 4 o No Q *SOUTH LINE OF : °° m �_{, � iiz°LP �.�'..
�`\
1 mO ° / S \ Q....„9:11 N 2 I. (\''� I NO ' R.L.$. 18321 �_•�
moo .`°, TRE' 2T,cg �' f y. i 50.00 -1 OJTLOT B �!.A _ �Oi°n „ 155.20'— r°°w , ';°'°° �.�.t"�'•
u'+ I cc V-I ti:.gi _\, "84°S 23• ���' / - ° '4015 1 .. . - ■ ° - • ` t014 588°26'20"W "•1 32Ba14 - 7Jj
p ` 59SM „ 5, �. /
, , t4 �,�� •
I 1 a 4 • s . - .- - . . �;:_. -
1
PO
Z4` o:I i 1,N•
1 N°2' - .
CITY OF R �I
�����������������s������ \UDC Y��O OF
�R RICHFIELD
C�F I E L�������������R�N L1A�l I j ����������>.�����1��� C����n1����������c��������`vwr� ���Ct\\‘‘�\\���A\\\N\‘\\\��\�m n��T m�mT����C�m��\\\\\‘\\\\\\\%\\\\V
CITY OF BLOOMINGTON - -
. . .--; . . .. . .
" -- - -- - -r
901.73' 589°59'25"W
I .
i
.
WAS SHOWN ON BEST BUY CAMPUS PLAT
EXHIBIT .
.
AREA SHOWN IN RED CR055-HATCHING REPRESENTS MNODT PERMANENT RIR AREA LEASED TO CITY FOR PAHK84G PURPOSES. A•
REFER TO BEST BUY CAMPUS PLAT BY SLIME LAND SURVEYING,LLC.1shaaf 3 of 41 FOR DIMENSIONS _ __
AGENDA SECTION: CONSENT
AGENDA ITEM# 4D
REPORT# 119
midge STAFF REPORT
MO ff C1._D CITY COUNCIL MEETING
JULY 10, 2012
REPORT PREPARED BY: CHRIS REGIS,FINANCE MANAGER
Nam_
DEPARTMENT DIRECTOR REVIEW: ,--4
�
a
REVIEWED BY CITY MANAGER: �� j� �."-
ITEM FOR COUNCIL CONSIDERATION:
Adoption of a resolution providing for the sale of$2,150,000 General Obligation Street
Reconstruction Bonds, Series 2012A.
I. RECOMMENDED ACTION:
By Motion: Approve the attached resolution providing for the sale of
$2,150,000 General Obligation Street Reconstruction Bonds, Series
2012A.
II. BACKGROUND
• On August 9, 2011 the City Council approved a Five Year Street Reconstruction
Plan and the use of street reconstruction bonds for the reconstruction of 76th
Street East from 12th Avenue to Cedar Avenue.
• The condition of 76th Street East from 12t"Avenue has deteriorated to the point
of reconstruction.
• The City Council approved a reimbursement resolution for the project on
September 13, 2011, which allowed City staff to incur costs for the project prior
to the issuance of bonds.
• • Award of contract for the project was accepted by the City Council on May 8,
2012 to Redstone Construction Co, Inc. in the amount of$1,562,501.92.
• The project will also replace old water, sanitary sewer, and storm sewer mains.
0710 Series 2012A G 0 Bonds
III. BASIS OF RECOMMENDATION
A. POLICY
• At the August 9, 2011 City Council meeting, the Council approved the
Five Year Street Reconstruction Plan prepared in compliance with
Minnesota Statute 475.5, subdivision 3b.
• The reconstruction of 76t Street from 12th Avenue to Cedar Avenue
has been identified as a priority in the City's Five Year Reconstruction
Plan.
B. CRITICAL TIMING ISSUES
• The condition of 76th Street east of 12th Avenue has deteriorated to the
point of reconstruction.
• The call for sale of bonds at this time is necessary in order to issue the
bonds within the project timeframe so as to cash flow the project.
C. FINANCIAL
• The project is budgeted to cost $2,090,000, with cost estimates as
follows:
• Construction $1,562,500
• Change Orders $ 60,000
• Engineering $ 360,000(Consultant + Staff)
• Contingency $ 107.500
$2,090,000
• The debt service of the bonds will be funded entirely by a debt service
tax levy. The average annual tax levy would be approximately
$148,700
• The tax impact of the bond on a $150,000 home in Richfield, after
market value exclusion would be approximately $6.60 per year.
D. LEGAL
• Legal counsel has reviewed the Pre-Sale report and the attached
resolution.
E. ENVIRONMENTAL CONSIDERATIONS
• N/A
IV. ALTERNATIVE RECOMMENDATIONS)
• None.
V. ATTACHMENTS
• Resolution Providing for the Sale of$2,150,000 G.O. Street Reconstruction
Bonds, Series 2012A.
• Bond Pre-Sale Report
VI. PRINCIPAL PARTIES EXPECTED AT MEETING
• Rebecca Kurtz, Ehlers &Associates, Inc.
LF I
RESOLUTION NO.
RESOLUTION PROVIDING FOR THE SALE OF
$2,150,000 GENERAL OBLIGATION STREET RECONSTRUCTION BONDS,
SERIES 2012A
WHEREAS, the City Council of the City of Richfield, Minnesota, has heretofore determined
that it is necessary and expedient to issue the City's $2,150,000 General Obligation
Street Reconstruction Bonds, Series 2012A (the "Bonds"), to finance the 76th Street
East Reconstruction project in the City; and
WHEREAS, the City has retained Ehlers & Associates, Inc., in Roseville, Minnesota
("Ehlers"), as its independent financial advisor for the Bonds and is therefore
authorized to solicit proposals in accordance with Minnesota Statutes, Section 475.60,
Subdivision 2(9);
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield,
Minnesota, as follows:
1. Authorization; Findings. The City Council hereby authorizes Ehlers to solicit proposals
for the sale of the Bonds.
2. Meeting; Proposal Opening,. The City Council shall meet at 7:00 pm on August 13,
2012, for the purpose of considering sealed proposals for and awarding the sale of the
Bonds.
3. Official Statement. In connection with said sale, the officers or employees of the City
are hereby authorized to cooperate with Ehlers and participate in the preparation of an
official statement for the Bonds and to execute and deliver it on behalf of the City upon
• its completion.
Adopted by the City Council of the City of Richfield, Minnesota this 10th day of July, 2012.
Debbie Goettel, Mayor
ATTEST:
Nancy Gibbs, City Clerk
14D
_ _ _ Debt Issuance Services
July 10, 2012
Pre-Sale a ort for
$2,150,000 General Obligation Street
Reconstruction Bonds, Series 2012A
City of Richfield, Minnesota
x
3,} Prepared and Presented by:
Rebecca Kurtz
RICHFIELD ' Financial Advisor, CIPFA
�:
ui a And
t� Brian Reilly
Financial Advisor, CIPFA
WWW.ehlers-inc.cam
¢ E H L E RS Minnesota phone 651-697-8500 3060 Centre Pointe Drive
° LEADERS IN PUBLIC FINANCE Offices also in Wisconsin and Illinois fax 651-697-8555 Roseville,MN 55113-1122
toll free 800-652-1171
14D -�
Debt Issuance Services
Executive Summary of Proposed Debt
Proposed Issue: $2,150,000 General Obligation Street Reconstruction Bonds, Series
2012A
Authority: The Bonds are being issued pursuant to Minnesota Statutes, Chapter
475.58.
The Bonds will be general obligations of the City, for which its full
faith,credit and taxing powers are pledged.
The Bonds count against the City's General Obligation Debt Capacity
Limit of 3%of market value.
Purposes/Funding Sources: The proposed issue includes financing for the 76th Street East Street
Reconstruction project.Debt service will be paid from a tax levy.
Term/Call Feature The Bonds are being issued for a 20 year term. Principal on the
Bonds will be due on February 1 in the years 2014 through 2033.
Interest is payable every six months beginning August 1,2013.
The Bonds maturing February 1, 2022, and thereafter will be subject
to prepayment at the discretion of the City on February 1,2021 or any
date thereafter.
Bank Qualification Because the City is issuing less than $10,000,000 in the calendar
year,the City will be able to designate the Bonds as"bank qualified"
obligations. Bank qualified status broadens the market for the Bonds,
which can result in lower interest rates.
Rating: The City's most recent bond issues were rated"AA+"by Standard&
Poor's. The City will request a new rating for the Bonds.
If the winning bidder on the Bonds elects to purchase bond insurance,
the rating for the issue may be higher than the City's bond rating in
the event that the bond rating of the insurer is higher than that of the
City.
Method of Sale/Placement: In order to obtain the lowest interest cost to the City, we will solicit
competitive bids for purchase of the Bonds from local banks in your
area and regional underwriters.
We have included an allowance for discount bidding equal to 1.20%
of the principal amount of the issue. The discount is treated as an
interest item and provides the underwriter with all or a portion of its
compensation in the transaction.
If the Bonds are purchased at a price greater than the minimum bid
amount (maximum discount), the unused allowance may be used to
lower your borrowing amount.
Presale Report July 10, 2012
City of Richfield, Minnesota Page 1
Lb 14
Debt issuance Services
Other Considerations: The City Council approved the Street Reconstruction Plan on August
9,2011.
Review of Existing Debt: We have reviewed all outstanding indebtedness for the City and fmd
that there may be some potential refunding opportunities. Ehlers is
working with Staff to gather additional information and further
review the potential refunding opportunities.
We will continue to monitor the market and the call dates for the
City's outstanding debt and will alert you to any future refunding
opportunities.
Continuing Disclosure: Because the City has more than $10,000,000 in outstanding debt
(including this issue) and this issue is over$1,000,000, the City will
be agreeing to provide certain updated Annual Financial Information
and its Audited Financial Statement annually as well as providing
notices of the occurrence of certain "material events" to the
Municipal Securities Rulemaking Board (the "MSRB"), as required
by rules of the Securities and Exchange Commission (SEC). The
City is already obligated to provide such reports for its existing
bonds,and has contracted with Ehlers to prepare and file the reports.
Arbitrage Monitoring: Because the Bonds are tax-exempt securities/tax credit securities, the
Issuer must ensure compliance with certain Internal Revenue Service
(IRS) rules throughout the life of the issue. These rules apply to all
gross proceeds of the issue, including initial bond proceeds and
investment earnings in construction, escrow, debt service, and any
reserve funds. How issuers spend bond proceeds and how they track
interest earnings on funds (arbitrage/yield restriction compliance) are
common subjects of IRS inquiries. Your specific responsibilities will
be detailed in the Tax Certificate prepared by your Bond Attorney
and provided at closing. You have retained Ehlers to assist you with
compliance with these rules. We also recommend that you establish
written procedures regarding compliance with IRS rules, and a
procedures are being drafted for the City's review.
Presale Report July 10, 2012
City of Richfield, Minnesota Page 2
14.1) 5
Debt Issuance Services
Proposed Debt Issuance Schedule
Pre-Sale Review by Council: July 10,2012
Distribute Official Statement: Week of July 23,2012
Conference with Rating Agency: Week of July 30,2012
City Council Meeting to Award Sale of the Bonds: August 14,2012
Estimated Closing Date: Mid-September 2012
Attachments
Sources and Uses of Funds
Proposed Debt Service Schedule
Resolution Authorizing Ehlers to Proceed With Bond Sale
Ehlers Contacts:
Financial Advisors: Rebecca Kurtz (651)697-8516
Brian Reilly (651)697-8541
Bond Analyst: Wendy Lundberg (651)697-8540
Bond Sale Coordinator: Alicia Aulwes (651)697-8523
Financial Analyst: Alicia Gage (651)697-8551
The Official Statement for this financing will be mailed to the City Council at their home address or e-
mailed for review prior to the sale date.
Presale Report July 10, 2012
City of Richfield, Minnesota Page 3
LFC)-(P
City of Richfield, Minnesota
$2,150,000
General Obligation Street Reconstruction Bonds, Series 2012
Current Market Rates("AA+") +25 bp
Sources &Uses
Dated 09/01/20121 Delivered 09/01/2012
Sources Of Funds
Pat Amount of Bonds $2,150,000.00
Total Sources $2,150,000.00
Uses Of Funds
Total Underwriter's Discount(1.200%) 25,800.00
Costs of Issuance 30,000.00
Deposit to Project Construction Fund 2,090,000.00
Rounding Amount 4,200.00
Total Uses $2,150,000.00
Series 2012 GO Street Res i SINGLE PURPOSE i 8!2812012 I 1:49 PM
0 EHLER
LEADERS IN(PUBLIC FINANCE Page 1
14 D-9
City of Richfield, Minnesota
$2,150,000
General Obligation Street Reconstruction Bonds, Series 2012
Current Market Rates("AA+")+25 bp
Debt Service Schedule
Date Principal Coupon Interest Total P+I Fiscal Total
09/01/2012 - - - - -
08/01/2013 - - 45,970.83 45,970.83 -
02/01/2014 70,000.00 0.750% 25,075.00 95,075.00 141,045.83
08/01/2014 - - 24,812.50 24,812.50 -
02/01/2015 90,000.00 0.900% 24,812.50 114,812.50 139,625.00
08/01/2015 - - 24,407.50 24,407.50 -
02/01/2016 95,000.00 1.000% 24,407.50 119,407.50 143,815.00
08/01/2016 - - 23,932.50 23,932.50 -
02/01/2017 95,000.00 1.250% 23,932.50 118,932.50 142,865.00
08/01/2017 - - 23,338.75 23,338.75 -
02/01/2018 95,000.00 1.500% 23,338.75 118,338.75 141,677.50
08/01/2018 - - 22,626.25 22,626.25 -
02/01/2019 95,000.00 1.700% 22,626.25 117,626.25 140,252.50
08/01/2019 - - 21,818.75 21,818.75 -
02/01/2020 100,000.00 1.900% 21,818.75 121,818.75 143,637.50
08/01/2020 - - 20,868.75 20,868.75 -
02/01/2021 100,000.00 2.100% 20,868.75 120,868.75 141,737.50
08/01/2021 - - 19,818.75 19,818.75 -
02/01/2022 100,000.00 2.200% 19,818.75 119,818.75 139,637.50
08/01/2022 - - 18,718.75 18,718.75 -
02/01/2023 105,000.00 2.350% 18,718.75 123,718.75 142,437.50
08/01/2023 - - 17,485.00 17,485.00 -
02/01/2024 105,000.00 2.450% 17,485.00 122,485.00 139,970.00
08/01/2024 - - 16,198.75 16,198.75 -
02/01/2025 110,000.00 2.550% 16,198.75 126,198.75 142,397.50
08/01/2025 - - 14,796.25 14,796.25 -
02/01/2026 110,000.00 2.650% 14,796.25 124,796.25 139,592.50
08/01/2026 - - 13,338.75 13,338.75 -
02/01/2027 115,000.00 2.750% 13,338.75 128,338.75 141,677.50
08/01/2027 - - 11,757.50 11,757.50 -
02/01/2028 120,000.00 2.850% 11,757.50 131,757.50 143,515.00
08/01/2028 - - 10,047.50 10,047.50 -
02/01/2029 120,000.00 2.950% 10,047.50 130,047.50 140,095.00
08/01/2029 - - 8,277.50 8,277.50 -
02/01/2030 125,000.00 3.000% 8,277.50 133,277.50 141,555.00
08/01/2030 - - 6,402.50 6,402.50 -
02/01/2031 130,000.00 3.100% 6,402.50 136,402.50 142,805.00
08/01/2031 - - 4,387.50 4,387.50 - .
02/01/2032 135,000.00 3.200% 4,387.50 139,387.50 143,775.00
08/01/2032 - - 2,227.50 2,227.50 -
02/01/2033 135,000.00 3.300% 2,227.50 137,227.50 139,455.00
Total $2,150,000.00 - $681,568.33 $2,831,568.33 -
Yield Statistics
Bond Year Dollars $25,270.83
Average Life 11.754 Years
Average Coupon 2.6970552%
Net Interest Cost(NIC) 2.7991492%
True Interest Cost(TIC) 2.7854475%
Bond Yield for Arbitrage Purposes 2.6624539%
All Inclusive Cost(AIC) 2.9310942%
IRS Form 8038
Net Interest Cost 2.6970552%
Weighted Average Maturity 11.754 Years
Series 2012 00 Street Rec I SINGLE PURPOSE I 6/28/2012 I 1:49 PM
0 EHLERS
LEADERS IN PUBLIC MANSE Page 2
41)-(6
City of Richfield, Minnesota
$2,150,000
General Obligation Street Reconstruction Bonds, Series 2012
Current Market Rates ("AA+") +25 bp
Levy Schedule
Net DS*
Date CUSIP Principal Coupon Interest Total P+I Net D/S 1.05% Levy Amount
02/01/2013 - - - - - - -
02/01/2014 70,000.00 0.750% 71,045.83 141,045.83 141,045.83 148,098.12 148,098.12
02/01/2015 90,000.00 0.900% 49,625.00 139,625.00 139,625.00 146,606.25 146,606.25
02/01/2016 95,000.00 1.000% 48,815.00 143,815.00 143,815.00 151,005.75 151,005.75
02/01/2017 95,000.00 1250% 47,865.00 142,865.00 142,865.00 150,008.25 150,008.25
02/01/2018 95,000.00 1.500% 46,67750 141,677.50 141,677.50 148,761.38 148,761.38
02/01/2019 95,000.00 1.700% 45,252.50 140,252.50 140,252.50 147,265.13 147,265.13
02/01/2020 100,000.00 1.900% 43,637.50 143,63750 143,637.50 150,819.38 150,81938
02/01/2021 100,000.00 2.100% 41,737.50 141,73760 141,737.50 148,824.38 148,82438
02/01/2022 100,000.00 2.200% 39,637.50 139,63750 139,637.50 146,619.38 146,61938
02/01/2023 105,000.00 2.350% 37,43750 142,43750 142,437.50 149,559.38 149,55938
02/01/2024 105,000.00 2.450% 34,970.00 139,970.00 139,970.00 146,968.50 146,968.50
02/01/2025 110,000.00 2.550% 32,39750 142,39760 142,397.50 149,517.38 149,51738
02/01/2026 110,000.00 2.650% 29,59250 139,59260 139,592.50 146,572.13 146,572.13
02/01/2027 115,000.00 2.750% 26,67750 141,677.50 141,677.50 148,761.38 148,76138
02/01/2028 120,000.00 2.850% 23,515.00 143,515.00 143,515.00 150,690.75 150,690.75
02/01/2029 120,000.00 2.950% 20,095.00 140,095.00 140,095.00 147,099.75 147,099.75
02/01/2030 125,000.00 3.000% 16,555.00 141,555.00 141,555.00 148,632.75 148,632.75
02/01/2031 130,000.00 3.100% 12,805.00 142,805.00 142,805.00 149,945.25 149,94525
02/01/2032 135,000.00 3.200% 8,775.00 143,775.00 143,775.00 150,963.75 150,963.75
02/01/2033 135,000.00 3.300% 4,455.00 139,455.00 139,455.00 146,427.75 146,427.75
Total - $2,150,000.00 - $681,568.33 $2,831,568.33 $2,831,568.33 $2,973,146.75 $2,973,146.75
Series 2012 GO Street Rec I SINGLE PURPOSE I 6/28/2012 I 1:49 PM
0 H LE RS
LEADERS IN PUBLIC FINANCE Page 3
AGENDA SECTION: CONSENT
AGENDA ITEM# 4E
REPORT# 120
maid" STAFF REPORT
RICHFIELD CITY COUNCIL MEETING
JULY 10, 2012
CHRIS LINK,
REPORT PREPARED BY: OPERATIONS SUPERINTENDENT
NAME,TITLE
DEPARTMENT DIRECTOR / 1
REVIEW: `
REVIEWED BY CITY
MANAGER: /
ITEM FOR COUNCIL CONSIDERATION:
Consideration of the attached resolutions pertaining to the annual Lyndale/HUB/Nicollet (LHN)
maintenance assessment process.
I. RECOMMENDED ACTION:
By Motion:
1. Adopt the attached resolution declaring costs to be assessed and
ordering preparation of the proposed assessment roll for 2011
Lyndale/HUB/Nicollet (LHN) Maintenance and schedule a public
hearing for August 13, 2012.
2. Adopt the attached resolution proposing a similar assessment
process to be implemented for 2013 and schedule a public hearing
for August 13, 2012.
II. BACKGROUND
The Lyndale/HUB/Nicollet (LHN) maintenance assessment was established to
recover extraordinary maintenance expenses in the LHN area in 1981. The
extraordinary services include irrigation, weeding and mowing of landscaped areas.
The LHN Redevelopment Area is approximately bounded by 64th Street, First
Avenue, 67th Street and Emerson Avenue.
City staff has determined actual costs of current services to be assessed for the
2011 maintenance of this area to be $39,090.87, and the estimated cost for 2013
maintenance to be $50,000.
07102012LHNassess
Staff is recommending the City Council:
1. Approve resolution declaring the 2011 assessment costs and order the
preparation of the proposed assessment for 2011.
2. Schedule public hearing for August 13th, 2012 for proposed assessments.
3. Approve resolution proposing a similar assessment process for 2013.
4. Schedule public hearing for August 13th, 2012 for similar assessment
process.
III. BASIS OF RECOMMENDATION
A. POLICY
• Section 825 of the City Code indicates "current services" mean one or
more of the following:
(a) snow, ice, or rubbish removal from sidewalks;
(b) weed elimination from streets or private property;
(c) removal or elimination of public health or safety hazards from
private property, excluding any structure included under the
provisions of Minnesota Statutes, sections 463.15 to 463.26;
(d) installation or repair of water service lines;
(e) street sprinkling, sweeping, or other dust treatment of streets;
(f) the trimming and care of trees and the removal of unsound
trees from any street;
(g) the treatment and removal of insect-infested or diseased trees
on private property;
(h) the repair of sidewalks and alleys;
(i) the operation of a street lighting system;
(j) the maintenance of landscaped areas, decorative parks and
other public amenities on or adjacent to street right-of-way; and
(k) snow removal and other maintenance of streets in commercial
redevelopment areas.
• Council ordered the work, and the work is done for 2011.
• Council needs to order the work for 2013.
B. CRITICAL ISSUES
• On or before September 1 of each year, the City shall list the total
unpaid charges for current services against each separate lot or
parcel to which they are attributable under section 825 of the City
Code.
C. FINANCIAL
• Estimated and actual costs for the LHN maintenance services from
2002-2012 are:
Year Estimated Actual
2002 $50,000 $35,136.62
2003 $50,000 $37,785.67
2004 $50,000 $44,031.39
2005 $50,000 $45,385.31
2006 $50,000 $45,648.56
2007 $50,000 $51,605.29
2008 $50,000 $49,999.99
2009 $50,000 $49,747.02
2010 $50,000 $32,459.40
2011 $50,000 $39,090.87
2012 $50,000
Fluctuations in expenditures for maintenance of LHN are caused by a
number of factors. Weather determines water usage and irrigation
costs; street light knockdowns are never foreseeable and very
expensive; and the need to paint streetlights and repair concrete
varies from year to year.
D. LEGAL
• Section 825, Subd. 2 states that "the City Clerk, under the Council's
direction, shall publish notice that the Council will meet to consider the
undertaking of current services and levying of special assessments to
pay costs thereof."
E. ENVIRONMENTAL CONSIDERATIONS
• N/A
IV. ALTERNATIVE RECOMMENDATIONS)
• Council may make any changes to the assessment roll as deemed
necessary after the public hearing.
V. ATTACHMENTS
• Resolution declaring costs to be assessed and ordering preparation of the
proposed assessment roll for 2011 LHN Maintenance.
• Resolution proposing to specially assess the costs of current services for
2013.
• Graphic
VI. PRINCIPAL PARTIES EXPECTED AT MEETING
• None
14E- I
RESOLUTION NO.
RESOLUTION DECLARING COST TO BE ASSESSED
AND ORDERING PREPARATION OF PROPOSED ASSESSMENT
FOR LYNDALE/HUB/NICOLLET (LHN) MAINTENANCE.
FOR THE PERIOD JANUARY 1, 2011 THROUGH DECEMBER 31, 2011
WHEREAS, costs have been determined for the maintenance of the
Lyndale/Hub/Nicollet (LHN) Redevelopment Area which is approximately bounded by
64th Street, First Avenue, 67th Street and Emerson Avenue in the City of Richfield and
the expenses incurred or to be incurred for such maintenance amount to $39,090.87 for
the period of January 1, 2011 through December 31, 2011.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Richfield, Minnesota:
1. The portion of the cost to be assessed against benefited property owners is declared
to be $39,090.87.
2. The City Clerk shall forthwith calculate the proper amount to be specially assessed
for such maintenance against every assessable lot, piece or parcel of land within the
district affected, without regard to cash valuation, as provided by law, and shall file a
copy of such proposed assessment in his office for public inspection.
3. The City Clerk shall, upon the completion of such proposed assessment, notify the
City Council thereof.
4. A hearing shall be held on the 13th day of August, 2012, in the Council Chambers of
the City Hall at 7:00 p.m. or as soon thereafter as the matter can be reached on the
agenda to pass upon such proposed assessment and at such time and place all
persons owning property affected by said maintenance assessment will be given an
opportunity to be heard in reference to such assessment.
5. The City Clerk is hereby directed to cause a notice of the hearing on the proposed
assessment to be published once in the official newspaper at least two weeks prior
to the hearing, and he shall state in the notice the total cost of the maintenance. The
City Clerk shall also cause mailed notice to be given to the owner of each parcel
described in the assessment roll not less than two weeks prior to the hearing
Adopted by the City Council of the City of Richfield, Minnesota this 10th day of July,
2012.
Debbie Goettel, Mayor
ATTEST:
Nancy Gibbs, City Clerk
RESOLUTION NO.
RESOLUTION PROPOSING TO SPECIALLY ASSESS
FOR THE COSTS OF CURRENT SERVICES PROVIDED
WITHIN THE LYNDALE/HUB/NICOLLET (LHN) PROJECT AREA
FOR THE PERIOD JANUARY 1, 2013 THROUGH DECEMBER 31, 2013.
BE IT RESOLVED by the City Council of the City of Richfield, Minnesota as follows:
1. There is hereby established a special assessment district, the boundaries of which are
conterminous with the Lyndale/Hub/Nicollet (LHN) Redevelopment Project Area, for the
purposes of assessing for current services provided by the City.
2. The following current services of the City are hereby proposed to be undertaken by the
City in the district, with the costs of such services to be specially assessed against
benefited property within the district:
• Snow, ice or rubbish removal;
• Weed elimination;
• Elimination or removal of public health or safety.hazards from private property,
excluding any structure included under the provisions of Minnesota Statutes
Section 463.15 to 463.26;
• Installation or repair of water service lines;
• Street sprinkling or other dust treatment of streets;
• Trimming and care of trees and the removal of unsound trees;
• Repair of sidewalks, crosswalks, and other pedestrian walkways;
• Operation of the street lighting system;
• Maintenance of landscaped areas and other public amenities on or adjacent to
street right-of-way;
• Maintenance of Civic Plaza;
• Snow removal and other maintenance of streets;
• Painting and repair of wood furniture;
• General maintenance, including repairs and replacement.
3. The area proposed to be specially assessed for such current services consists of every
assessable lot and parcel of land within the district. It is proposed that special
assessments on commercial property be made on the basis of the area with each
square foot of assessable commercial property within the district being assessed an
equal amount for maintenance of common area. Exempt from the special assessment
levy shall be all single family, two-family, multiple family residential property within the
LHN redevelopment district. Special maintenance of individual commercial properties
shall be assessed directly for costs incurred in performing said maintenance to said
property.
4. The City Clerk is authorized and directed to give public notice of a hearing by this
Council at which the Council will consider the undertaking of such current services and
the levying of special assessments to bear the costs thereof. The City Clerk shall also
give mailed and published notice of much hearing as required by law. Such hearing
shall be held on Monday, August 13 , 2012, commencing at 7:00 p.m. or as soon
thereafter as the matter can be reached on the agenda.
5. It is hereby proposed that the project consist of the costs of the aforementioned
services for the period of January 1, 2013 through December 31 2013. The estimated
cost of providing all the aforementioned current services during that period is $50,000.
Adopted by the City Council of the City of Richfield, Minnesota this 10th day of July, 2012.
Debbie Goettel, Mayor
ATTEST:
Nancy Gibbs, City Clerk
w 8� _ J
J I III J �-
z
ill 11:5 1
4/7.--,4
S 3nV 1S L 11
o1
u
S 3AV 1311OOIN E O.
W
ul 0
0 Z
z 13 Q
I S 3AV 113OSIV1S I o Z
a) w
o
ca 'I-
(...) ,
Oy
V
Et S 3 H110M1N9M co 11111k z HI° `n
S 3 J 2inaST1Id L
W 1
co
co
CD
0 1NVSV31d I
W
(.1) i aNVJ0 g
all Z 4 13RiaVH Ell ___
� F-44
Q 111 I m�
ii3 fr Z J
J iiii
W �� � 4ppr F— s N ti� Y eP ago]Nl� s �e U- p Z � a�� I ••
•
01V
Alli t r_c4
2 .
,...
tt Will
. yv
AHEI °visa') 411110 4p 4 44
4 c4
Z Arlr 0m �'
*RN c:)
li . °
I 100 _L 00
v L� .
J cg
lodna •
A N-t.
\N\ l_J I LU
N
S 3AV NIUS21 Old ' N
\
AGENDA SECTION: CONSENT
AGENDA ITEM# 4F
REPORT# 121
STAFF REPORT
RICHFIELD
CITY COUNCIL MEETING
JULY 10, 2012
CHRIS LINK,
REPORT PREPARED BY: OPERATIONS SUPERINTENDENT
NAME TITLE
DEPARTMENT DIRECTOR
Er
REVIEW: `
/ SIGNATURE I
REVIEWED BY CITY
MANAGER: � � LI�Aar .� r
.,rte- 1 _-
ITEM FOR COUNCIL CONSIDERATION:
Consideration of the attached resolutions pertaining to the annual 77th Street maintenance
district assessment process.
I. RECOMMENDED ACTION:
By Motion:
1. Adopt the attached resolution proposing to assess commercial
properties in the 77th Street assessment district for costs incurred
to maintain the area for 2011 and schedule a public hearing for
August 13, 2012.
2. Adopt the attached resolution proposing a similar assessment
process to be implemented for 2013 and schedule a public hearing
for August 13, 2012.
II. BACKGROUND
Since the 1988 construction of the short section of 77th Street around the Hampton
Inn, the City has been performing special, high-quality maintenance along the 77th
Street redevelopment area between I-35W and Cedar Avenue. The special
maintenance services include irrigation, weeding and mowing of the landscaping on
both sides of the 77th Street wall. The maintenance functions, known as current
services, are funded through the maintenance assessment on the 77th Street
businesses.
07102012-77thStassess
City staff has determined actual costs of current services to be assessed for the
2011 maintenance of this area to be $72,427.48, and estimate the cost for 2013
maintenance to be $80,000.
Staff is recommending the City Council:
1. Approve resolution declaring the 2011 assessment costs and order the
preparation of the proposed assessment for 2011.
2. Schedule public hearing for August 13, 2012 for proposed assessments.
3. Approve resolution proposing a similar assessment process for 2013.
4. Schedule public hearing for August 13, 2012 for similar assessment process.
III. BASIS OF RECOMMENDATION
A. POLICY
• Section 825 of the City Code indicates "current services" mean one or
more of the following:
(a) snow, ice, or rubbish removal from sidewalks;
(b) weed elimination from streets or private property;
(c) removal or elimination of public health or safety hazards from
private property, excluding any structure included under the
provisions of Minnesota Statutes, sections 463.15 to 463.26;
(d) installation or repair of water service lines;
(e) street sprinkling, sweeping, or other dust treatment of streets;
(f) the trimming and care of trees and the removal of unsound
trees from any street;
(g) the treatment and removal of insect-infested or diseased trees
on private property;
(h) the repair of sidewalks and alleys;
(i) the operation of a street lighting system;
(j) the maintenance of landscaped areas, decorative parks and
other public amenities on or adjacent to street right-of-way; and
(k) snow removal and other maintenance of streets in commercial
redevelopment areas.
• Council ordered the work, and the work is done.
• Resolution No. 7405, adopted in 1988, established a policy for
assessing the costs.
• Commercial property owners will be assessed on a per-square-foot
basis. However, all single family and multi-family residential
properties, plus the two churches in the area, would be exempt from
the special assessment levy.
B. CRITICAL TIMING ISSUES
• On or before September 1 of each year, the City shall list the total
unpaid charges for current services against each separate lot or
parcel to which they are attributable under section 825 of the City
Code.
C. FINANCIAL
• Estimated and actual costs for the 77th Street maintenance services
from 2002 - 2012 are:
Year Estimate Actual
2002 $80,000 $75,490.39
2003 $80,000 $59,831.07
2004 $80,000 $63,842.79
2005 $80,000 $64,841.54
2006 $80,000 $69,606.52
2007 $80,000 $77,441.46
2008 $80,000 $77,000.01
2009 $80,000 $62,894.55
2010 $80,000 $64,124.81
2011 $80,000 $72,427.48
2012 $80,000
D. LEGAL
• No legal issues are apparent at this time. The City Attorney will be in
attendance at the Council meeting should a legal question arise.
• Section 825, Subd. 2 states that "the City Clerk, under the Council's
direction, shall publish notice that the Council will meet to consider the
undertaking of current services and levying of special assessments to
pay costs thereof."
E. ENVIRONMENTAL CONSIDERATIONS
• N/A
IV. ALTERNATIVE RECOMMENDATIONS)
• Council may make any changes to the assessment roll as deemed
necessary after the public hearing.
V. ATTACHMENTS
• Resolution declaring costs to be assessed and ordering preparation of the
proposed assessment roll for 2011 - 77th Street Maintenance.
• Resolution proposing to specially assess for current services for 2013.
• Graphic
VI. PRINCIPAL PARTIES EXPECTED AT MEETING
• None
RESOLUTION NO.
RESOLUTION DECLARING COST TO BE ASSESSED
AND ORDERING PREPARATION OF PROPOSED ASSESSMENT
FOR 77TH STREET MAINTENANCE
FOR THE PERIOD JANUARY 1, 2011 THROUGH DECEMBER 31, 2011
WHEREAS, costs have been determined for the maintenance of the 77th Street
Redevelopment Area the boundaries of which are approximately east of I-35W and west
of Cedar Avenue in the City of Richfield and the expenses incurred or to be incurred for
such maintenance amount to $72,427.48 for the period of January 1, 2011 through
December 31, 2011.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Richfield, Minnesota:
1. The portion of the cost to be assessed against benefited property owners is declared
to be $72,427.48.
2. The City Clerk shall forthwith calculate the proper amount to be specially assessed
for such maintenance against every assessable lot, piece or parcel of land within the
district affected, without regard to cash valuation, as provided by law, and shall file a
copy of such proposed assessment in his office for public inspection.
3. The City Clerk shall, upon the completion of such proposed assessment, notify the
City Council thereof.
4. A hearing shall be held on the 13th day of August, 2012, in the Council Chambers of
the City Hall at 7:00 p.m. or as soon thereafter as the matter can be reached on the
agenda to pass upon such proposed assessment and at such time and place all
persons owning property affected by said maintenance assessment will be given an
opportunity to be heard in reference to such assessment.
5. The City Clerk is hereby directed to cause a notice of the hearing on the proposed
assessment to be published once in the official newspaper at least two weeks prior
to the hearing, and shall state in the notice the total cost of the maintenance. The
City Clerk shall also cause mailed notice to be given to the owner of each parcel
described in the assessment roll not less than two weeks prior to the hearing.
•
Adopted by the City Council of the City of Richfield, Minnesota this 10th day of July,
2012.
Debbie Goettel, Mayor
ATTEST:
Nancy Gibbs, City Clerk
FF
RESOLUTION NO
RESOLUTION PROPOSING TO SPECIALLY ASSESS FOR THE COSTS OF
CURRENT SERVICES PROVIDED WITHIN THE 77TH STREET PROJECT AREA
FOR THE PERIOD JANUARY 1, 2013 THROUGH DECEMBER 31, 2013.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Richfield, Minnesota as follows:
1. There is hereby established a special assessment district, the boundaries of which
are east of I-35W and west of Cedar Avenue, for the purposes of assessing for
current services provided by the City.
2. The following current services of the City are hereby proposed to be undertaken by
the City in the District with the cost of such services to be specially assessed against
benefited property within the District;
• The trimming and care of trees and shrubs and the removal of any unsound trees
from any street;
• The repair of sidewalks;
• The maintenance of landscaped areas and other public amenities on or adjacent
to street rights-of-way;
• Trash and litter removal.
3. The area proposed to be specially assessed for such current services consists of
each and every commercial lot and parcel of land within the District.. It is proposed
that the special assessments on the commercial property be made on the basis of
area.
4. The City Clerk is hereby authorized and directed to publish notice of a hearing by
this Council at which the Council will consider the undertaking of such current
services and the levying of special assessments to bear the costs thereof. Such
notice shall be published in the official newspaper at least once, at least two weeks
prior to the date of hearing. The City Clerk shall also give mailed notice of such
hearing as required by law. Such hearing shall be held Monday, August 13th, 2012,
commencing at 7:00 p.m. or as soon thereafter as the matter can be reached on the
agenda.
5. It is hereby proposed that the project consist of the aforementioned services for the
period from January 1, 2013 through December 31, 2013. The estimated cost of
providing all of the aforementioned services during that period is $80,000.
Passed by the City Council of the City of Richfield, Minnesota this 10th day of July,
2012.
Debbie Goettel, Mayor
ATTEST:
Nancy Gibbs, City Clerk
,._, r
, ..,,
7+‘n 11],rd E.., ,.. FE .a i
_ ,
3
_ ^ oa N ��� _ � Q
1. _ U `
H. . � � � III
0 _ , Lui .
- ii r7 -- nom ,
11111II1
Ct 1111111 N - °
F.- -_ 111111 •
a co
n 1111111 - 1111111
- 111111 _ 1 11111 z as
1
LJJ 1111111 -LL w
_ ,_ 111 em / _ -
r _,
U 1 1 1 EMI •* -N N
z lull. __
11111111
Q II IIuuuII
-
Z N r =
L.LJ -
'
i
_J
- ,y ,
v _ a
Z _ w r
r r
Z —
S and aNda0
1111111 _
—
S anv 131aavH O
LL
11111111 O CO-
.0•■••■„.. s anv O1S1jad -
LLJ -- T al _ N
�/ - _._ 111
1,(/) - -
aw
Z
O F r
H 111111► _
•= w
HIP' 5
a
'`
> -
- — o
z _ ` v
— ' , _ .......
AGENDA SECTION: CONSENT
AGENDA ITEM# 4G
REPORT# 122
mad. STAFF REPORT
RICHFIELD CITY COUNCIL MEETING
JULY 10, 2012
CHRIS LINK,
REPORT PREPARED BY: OPERATIONS SUPERINTENDENT
NAW,TITLE
DEPARTMENT DIRECTOR l
REVIEW:
REVIEWED BY CITY ,�
MANAGER: 1
2,7•=4
ITEM FOR COUNCIL CONSIDERATION:
Consideration of the attached resolution declaring costs to be assessed for removal of
diseased trees from private pro erty for work ordered in 2011.
I. RECOMMENDED ACTION:
By Motion:
1. Adopt the attached resolution declaring costs to be assessed
and ordering the preparation of the proposed assessment roll
for the removal of diseased trees from private property for work
ordered in 2011.
2. Set the public hearing date for August 13, 2012.
II. BACKGROUND
Property owners of diseased trees have four options available for private tree
removal:
1. Remove the tree themselves.
2. Hire and pay for their own contractor.
3. Hire the City's contractor and pay for the removal.
4. Request the cost of the tree removal be assessed against their property tax.
In the period from January 1, 2011 through December 31, 2011, twenty (20)
property owners chose the fourth option. The total amount to be assessed is
$43,701.52. •
07102012treeassess
Staff is recommending the Council:
1. Approve the resolution declaring costs to be assessed for diseased tree
removal and order preparation of proposed assessment for 2011.
2. Set August 13, 2012 as the public hearing.
III. BASIS OF RECOMMENDATION
A. POLICY
• The work has been completed with prior approval from the affected
residents.
• Minnesota State Statute requires the County to be notified of all
special assessments.
• A notice of the hearing on the proposed assessment (see attached)
will be mailed at least two weeks prior to the hearing and shall state in
the notice the total cost of the diseased tree removal.
B. CRITICAL TIMING ISSUES
• On or before September 1st of each year, the unpaid charges for the removal
of the diseased trees must be special assessed for certification to the county
director of property taxation and collection along with current taxes as stated
in City Code 825.05 Subd. 3.
C. FINANCIAL
• The costs to be assessed for the removal of diseased trees on private
property for work ordered during the period January 1, 2011 through
December 31, 2011 have been determined to be $43,701.52.
• The property owner may pay the original principal amount without
interest within 30 days from the date the Council adopts the
assessment. The unpaid balance will be spread over five years with a
five percent interest rate.
• The original source of funding to have the work done is through the
City's Permanent Improvement Revolving Fund.
D. LEGAL
• The notice of assessment Hearing to be mailed to the residents has
been reviewed by the City Attorney and Finance Manager.
• The City Attorney will be in attendance at the Council meeting should
a legal question arise.
E. ENVIRONMENTAL CONSIDERATIONS
• N/A
IV. ALTERNATIVE RECOMMENDATION(S)
• Council may revise the special assessment roll as deemed necessary
following the public hearing.
V. ATTACHMENTS
• Resolution
• Notice of Assessment Hearing to be mailed to residents
VI. PRINCIPAL PARTIES EXPECTED AT MEETING
• None
RESOLUTION NO.
RESOLUTION DECLARING COSTS TO BE ASSESSED AND
ORDERING PREPARATION OF PROPOSED ASSESSMENT FOR
REMOVAL OF DISEASED TREES FROM PRIVATE PROPERTY
FOR THE PERIOD OF JANUARY 1, 2011 TO DECEMBER 31, 2011.
WHEREAS, costs have been determined for the removal of diseased
trees from private properties in the City of Richfield, and the expenses incurred or
to be incurred for such work ordered during the period of January 1, 2011
through December 31, 2011 amount to $43,701.52.
Address PID # Amount
6301 Bloomington Ave. S. 26-028-24-11-0032 $1,984.59
6309 Wentworth Ave. S. 27-028-24-21-0058 $2,225.96
6319 Nicollet Ave. S. 27-028-24-12-0018 $935.16
6330 Blaisdell Ave. S. 27-028-24-21-0077 $1,815.60
6404 Humboldt Ave. S. 27-028-24-24-0002 $2,038.23
6417 14th Ave. S. 28-028-24-13-0070 $493.83
6438 Morgan Ave. S. 26-028-24-23-0052 $2,261.00
6612 5th Ave. S. 28-028-24-41-0026 $1,496.25
6618 Humboldt Ave. S. 27-028-24-31-0082 $1,469.53
6749 Lyndale Ave. S. 28-028-24-32-0054 $1,335.93
6812 Harriet Ave. S. 27-028-24-33-0094 $1,491.13
6814 Oliver Ave. S. 28-028-24-33-0039 $4,221.56
6815 3rd Ave. S. 27-028-24-44-0081 $1,750.32
6827 14th Ave. S. 26-028-24-43-0051 $2,137.50
6856 Oliver Ave. S. 26-028-24-33-0145 $4,350.00
6914 10th Ave. S. 26-028-24-34-0098 $1,282.50
6945 12th Ave. S. 26-028-24-43-0097 $1,984.59
7021 Park Ave. S. 35-028-24-22-0022 $5,202.84
7100 Park Ave. S. 35-028-24-22-0048 $950.00
7229 Aldrich Ave. S. 33-028-24-14-0088 $4,275.00
TOTAL $43,701.52
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Richfield, Minnesota:
1. The total cost to be assessed against benefited property owners is declared
to be $43,701.52.
L G
2. The City Clerk shall forthwith calculate the proper amount to be specially
assessed for such work against each benefited property, and shall file a copy
of such proposed assessment in his office for public inspection.
3. The Clerk shall, upon the completion of such proposed assessment, notify the
City Council thereof.
4. A hearing shall be held on the 13th of August, 2012 in the City Hall Council
Chambers at 7:00 p.m., or as soon as hereafter as it may be reached on the
agenda, to pass upon such proposed assessment and at such time and place
all persons owning property affected by said diseased tree removal
assessment will be given an opportunity to be heard in reference to such
assessment.
5. The City Clerk is hereby directed to cause a notice of the hearing on the
proposed assessment at least two weeks prior to the hearing and shall state
in the notice the total cost of the diseased tree removal. The City Clerk shall
also cause mailed notice to be given to the owner of each parcel described in
the assessment roll not less than two weeks prior to the hearing.
Adopted by the City Council of the City of Richfield this 10th day of July, 2012.
Debbie Goettel, Mayor
ATTEST:
Nancy Gibbs, City Clerk
14-G- 5
Date
Name
Address
City/State/Zip
Property ID:
Property Address:
NOTICE OF ASSESSMENT HEARING
NOTICE OF HEARING ON PROPOSED ASSESSMENT
FOR CERTAIN SERVICES OF THE CITY
FOR REMOVAL OF DISEASED TREES ON PRIVATE PROPERTY
(JANUARY 1, 2011- DECEMBER 31, 2011)
NOTICE IS HEREBY GIVEN that the Richfield City Council will hold an assessment
hearing on the date and at the time and place given below, to pass upon the proposed
assessment for the removal and disposal of diseased trees on private property.
DATE, TIME AND PLACE OF HEARING: Monday, August 13, 2012 at 7:00 p.m. or
as soon thereafter as the matter can be reached on the agenda, at Richfield City Hall, 6700
Portland Avenue South, Richfield, Minnesota 55423.
NATURE OF IMPROVEMENT AND AREA TO BE ASSESSED: Costs incurred for removal of
diseased trees from private property with the consent and approval of the property owners for
work ordered from the City of Richfield, January 1, 2011 through December 31, 2011. The
City proposes to assess the costs for this work, which totaled $43,701.52.
THE SPECIAL ASSESSMENT TO YOUR PROPERTY IS: $xxxxxxxx.
THIS IS THE ONLY NOTICE YOU WILL RECEIVE OF THIS ASSESSMENT. NO
SEPARATE BILLING WILL OCCUR. PLEASE DO NOT MAIL PAYMENT BEFORE THE
ASSESSMENT HEARING ON MONDAY, AUGUST 13, 2012.
A copy of the proposed assessment roll is on file for public inspection at the City Clerk's
office, 6700 Portland Avenue South, Richfield, Minnesota.
PAYMENT OF ASSESSMENT: You may pay your assessment at any time after the
assessment has been adopted by presenting a check to the City Treasurer at the Assessors
office, 6700 Portland Avenue South, Richfield, Minnesota 55423. Unpaid assessments accrue
interest at the rate of five percent (5%) per year. The amount of interest payable depends
upon when your payment is made, and the following deadlines apply:
Payment within 30 days of adopted assessment: The property owner may pay the
original principal amount without interest within 30 days from the date the Council adopts the
assessment, scheduled for Monday, August 13th, 2012. If the original principal amount is not
paid, the assessment will be charged five percent (5%) interest.
Payment on or after 9/12/2012: Payments received on or after 9/12/2012 but before
11/15/2012 will be charged interest at the rate of 5% through the date of payment. Payments
are not accepted between November 15, 2012 and January 1, 2013. After January 1, 2013
payments can be made on the outstanding balance not certified to the current year taxes
anytime with interest through December 31 of the year in which payment is made. If no
prepayment is made, the tree assessments are spread over five years. Interest will be
charged at the rate of five percent (5%) annually. Interest is calculated for 16 months on the
first year of the assessment and 12 months thereafter. There is a $2.50 surcharge per year
over the five year life of the assessment when certified to the property tax. Questions
regarding the assessment payment procedure should be directed to Debbie Guiher at 612-
861-9710.
DEFERRED ASSESSMENTS: Under Minnesota Stat. Secs. 435.193 to 435.195, the
Council may, in its discretion, defer the payment of this special assessment for any homestead
property owned by a person who meets certain age or disability restrictions and for whom it
would be a hardship to make the payments. The policy and procedure for deferment is set
forth in City Resolution No. 9531, which may be obtained from the City Clerk. When
deferment of the special assessment has been granted and is terminated for any reason
provided in law, all amounts accumulated plus applicable interest become due. Any assessed
property owner meeting the requirements of the law and the resolution may, within 30 days of
the confirmation of the assessment, apply to the City Clerk for the prescribed form for deferral
of this special assessment.
HEARING PROCEDURE AND OBJECTIONS: The City Council will conduct a public
hearing on the proposed assessment on the date and time listed. Written and oral objections
will be considered at the meeting, but the Council may consider any objection to the amount of
a proposed individual assessment at an adjourned meeting upon further notice to the affected
property owners as the Council deems advisable. The Council may adopt the proposed
assessment at the same meeting as the hearing.
RIGHT TO APPEAL: You have the right to appeal the City Council's adoption of the
assessment. To appeal, you must serve notice of an appeal upon the Mayor or City Clerk
within 30 days after the adoption of the assessment, and you must also file the notice of
appeal with the Hennepin County District Court within ten days after service upon the Mayor or
City Clerk. You may not appeal unless you file a written obiection, signed by you, with the City
Clerk prior to the hearing on August 13th, 2012 or present the written obiection to the presiding
officer at the hearing on August 13th, 2012.
BY ORDER OF THE CITY COUNCIL THIS 10th DAY OF JULY, 2012.
Questions? Questions concerning this assessment amount should be directed to
Chris Link, Operations Superintendent @ 612-861-9174.
AGENDA SECTION: CONSENT
AGENDA ITEM# 4H
REPORT# 123
STAFF REPORT
R I C H H E L D CITY COUNCIL MEETING
JULY 10, 2012
JEFF PEARSON,
REPORT PREPARED BY: TRANSPORTATION ENGINEER
NAME,TITLE
DEPARTMENT DIRECTOR
Er
REVMW: i
�d /
REVIEWED BY CITY f
MANAGER: A l
ITEM FOR COUNCIL CONSIDERATION:
Consideration of
• Approval for plan revisions to the East &West Connection Bicycle Route projects
• Resolution accepting additional funds for the projects
• Resolution restricting parking on the west side of Bloomington Avenue (between 66th
Street and Diagonal Boulevard) and areas of Humboldt Avenue (between 69th Street
and 75th Street)
I. RECOMMENDED ACTION:
By Motion:
1. Approve revisions to the West Connection and East Connection
Bicycle Route Project Plans.
2. Adopt a resolution authorizing amendment of MN/DOT Agreement
No. 99916 accepting additional funds in the amount of $100,675 to be
used for additional engineering and construction changes to the West
Connection and East Connection Bicycle Route Project.
3. Adopt a resolution for "No Parking" on the west side of
Bloomington Avenue (between 66th Street and Diagonal Boulevard)
and areas of Humboldt Avenue (between 69th Street and 75th Street).
II. BACKGROUND
The City received Federal grants in 2008 under the Non-Motorized Transportation
Pilot Program (NTPP) for the creation of two bike routes within Richfield. After
0710201 2 B i ke Ro ute Res
significant public involvement and Transportation Commission recommendation, the
selected routes were approved for construction by City Council action on
February 8, 2011. Consistent with the plans for those routes, parking will need to
be restricted to one side of the street on Bloomington Avenue between 66th Street
and Diagonal Boulevard.
Plan Approval Process and Project Delay
After City Council approval in early 2011, staff and the project consultant proceeded
with finalizing plans for approval by MN/DOT and other review agencies.
Bloomington Avenue and 73rd Street are designated State Aid Routes and as such
any changes to the street layout and lane widths are subject to MN/DOT State Aid
Office review and approval. This approval process proved to be a long, tedious -
procedure requiring additional design applications and numerous adjustments to the
project plans.
On June 26, 2012, staff was informed that the project plans were approved by the
MN/DOT State Aid Office contingent on receiving an approved No Parking
Resolution from the City.
Plan Changes
The routes on the approved plans are identical to those approved by the City
Council in 2011. Changes to the plans since that time include the following:
• Using 'advisory' bike lanes on Bloomington Avenue north of 66th Street
and on 73rd Street to allow for full parking to be maintained. The attached
plan sheet shows how the advisory lanes will be different from the
previously approved design.
• Sealcoat of the pavement surface on Bloomington Avenue north of 66th
Street. The existing centerline striping on Bloomington Avenue is not
consistent with the pattern in the plans and will have to be removed.
Rather than grind off the existing paint and damage the pavement
surface, staff requested that the plan call for a sealcoat of the street
surface. This will cover up the existing striping while also improving the
pavement surface.
• Traffic control devices on the West Connection Route. Based on
complaints of vehicle speeds from residents along Humboldt Avenue,
staff requested the addition of dynamic speed signs to the West
Connection Route on Humboldt Avenue. This item will likely be listed as
an alternate bid item and inclusion in the project will depend on available
funds after final bids are received.
Additional Funding
Because of the extensive MN/DOT approval process and changes to the
construction plans, the project consultant submitted a request for an additional
$100,675 in funding on behalf of the City. The work is fully covered by federal
funds. The request was approved in the following amounts:
• $20,000 in preliminary engineering for design changes and additional
submittals for approval.
• $80,675 for construction due to changes and additions to the plans.
An amendment to the agreement that accepts funding for the bike route projects is
necessary. MN/DOT is currently processing this amendment.
III. BASIS OF RECOMMENDATION
A. POLICY
• The East &West Connection Bicycle Route projects were originally
approved by the City Council on February 8, 2011.
B. CRITICAL TIMING ISSUES
• The project is on schedule to advertise for bids in late July of 2012.
• Construction is scheduled to begin in September of 2012.
C. FINANCIAL
• The estimated cost of construction is $280,730 and is fully covered by
funds received from the federal Non-Motorized Transportation Pilot
Program.
D. LEGAL
• The City has the authority to restrict parking on public streets.
• The City Attorney will be available to answer questions.
E. ENVIRONMENTAL CONSIDERATIONS
• N/A
IV. ALTERNATIVE RECOMMENDATIONS)
• The Council may choose not to approve changes or adopt the resolutions at
this time and direct staff on how to proceed.
V. ATTACHMENTS
• Non-motorized Pilot Program Projects Map
• Revised Striping Sections
• "Acceptance of Additional Funds" Resolution
• 2011 Summary of Resident Contact for Bloomington Ave.
• "No Parking" Resolution
VI. PRINCIPAL PARTIES EXPECTED AT MEETING
• None
Non-Motorized Pilot Program Projects
City of Richfield, MN
RICHFIELD
WEST PROJECT AREA EAST PROJECT AREA
I -
";i, -n n
i,+.,
;t E 60th St
A
c.,,,'''' •
Crosstown Hine
62 62 62 •
-ae1 Park
v t'arr .or , �y i.IIJi • 7T
Park
•
• ? •
A Veterans I
m •
,?
Memorial Park =" •
m •
117".,1„, R d afira d 2i (1 1 • A
I ake Par< Ga D
.:rk
C y Road 53 11 Glory fkmdt h St 0 Cou oad 53 � 1
Fall'I:A.'.rl ,ii,
IQiar, n O F PIS O Park S „ S
a • 5
xi ^ ^,hlista
CI. 4 Part
K.1 •, "good •
W 70tH St •4 Waive, St E 7cnh St •
•�
� _y��" •
1.,nited HP.hi W �iiir, •
Cemetery •t • TT
R'nai Emet o 4 •
Cemetery ro •r -e •
3 w a ••
lr; • • • • • • • , •t•
.ark a •
m , e>
co
P.trk •
ima — 111111 MP. NMI I •
--ilk •
YJ 76th St 3 W 7fith St .,„j,lT m 10 k'� M W �•
al 17-dnnton •
p c Park
m
7T
E 79th St E 79th St
W 79th St
.q W 80th St _ p
$
LEGEND
TRANSIT STATION
10 (EXSITI NG/PROPOSED)
s ND s REGIONAL TRAIL
• • • • • POTENTIAL ON-STREET ROUTE
SIGNALIZED
INTERSECTION
LfH- a
East Connection Bicycle Route
Bloomington Avenue (62nd St. to 66th St.) & 73rd Street
Previously Approved Plan Layout
RIFIZPOSED
0I
EILKE E1.I fE f BIKE
p
LANE LANE LANE LANE p
PARKEIC PARKI140
— Imo`= — _ — --. qf'T „ r. .. .„
ifl
lI i
Revised Plan Layout
IE aE
LAME EUE
PA I
PARK INE
I'�- — _ — ,� _._
tl A Of I I M
I ill I I ll�P!.,
I I
i Ai
I I
if H-3
East Connection Bicycle Route
Bloomington Avenue (66th St. to Diagonal Blvd)
Previously Approved Plan Layout
U
El'
KE i� I E �'
LAME L�IIE Euni1IE LSE P I.IP1 i
L'�I�
P*a4RI INt
ti
_ ______
,_,___,_ _ _ _ __ ______________ _T_,,.._,
•
,,-„,
'V A ......e4s.....
r.,-40-ti
E • T
ii 4 ,) -71
plel
4
Revised Plan Layout
IME LA NE I HIKE
LANE
PARK DIG
PAM INC 1_=
___,„_____ _____ ____ _ _ ,, T----------
M i I A
O, I I
;Ill � � L,I'ly
i /4)
I I
I I
Ifif
RESOLUTION NO.
RESOLUTION AUTHORIZING AMENDMENT OF AGENCY AGREEMENT NO. 99916
BETWEEN THE MINNESOTA DEPARTMENT OF TRANSPORTATION AND THE CITY
OF RICHFIELD ACCEPTING ADDITIONAL FUNDS IN THE AMOUNT OF $100,675 FOR
FEDERAL PARTICIPATION IN TWO NON-MOTORIZED TRANSPORTATION PILOT
PROGRAM PROJECTS
WHEREAS, the City of Richfield has proposed two bike routes, the first follows
along the south side of Highway 62 from Penn Avenue to Girard Avenue and continues to
75th Street via Humboldt Avenue and the second is follows Bloomington Avenue from 63rd
Street to Diagonal Blvd continuing along 73rd Street to Portland Avenue and to 76th Street
via 12th Avenue; and
WHEREAS, both projects are eligible for federal funds under the Non-Motorized
Transportation Pilot Program and are identified by the Minnesota Department of
Transportation as State Projects SP 157-091-05 and SP 157-091-06; and
WHEREAS, additional costs were incurred as a result of added plan submittals and
revisions required to obtain approval of the project plans by the Minnesota Department of
Transportation; and
WHEREAS, Amendment No. 1 to the above referenced agreement accounts for
additional funding in the amount of$100,675 to cover additional project costs.
NOW, THEREFORE, BE IT RESOLVED, that the Mayor and the City Manager are
hereby authorized and directed for and on behalf of the City to execute and enter into an
amended agreement with the Commissioner of Transportation prescribing the terms and
conditions of said federal aid participation as set forth and contained in "Minnesota
Department of Transportation Agency Agreement No. 99916, Amendment No. 1" a copy of
which said agreement was before the City Council and which is made a part hereof by
reference.
Adopted by the City Council of the City of Richfield, Minnesota this 10th day of July,
2012.
Debbie Goettel, Mayor
ATTEST:
Nancy Gibbs, City Clerk
4H-5 -a
-0 J / 6
°—
- L
�^^ o
vJ N = s-
2
L
cu
' N >
Z ° Q) J )
•—
w
us i-
® _a)
° - "�
�- ; v)
W o E' 70
LL .a N E
1 0
N Q
O v,
u
W>". -O m N
o
< > -, 4- 0 4-
P
Z p U
O N c o o �-. c
CO ...,
N -0 Rf (3
"0M CU CD c ca N
I ,, j
O U 2L � c
cn CO U
I— Z >
.
U (
co — _ N U- co MEM
U
s
,.. c ow
U U
Q Z Wir
_ MI <
ET) _ ....
=I= VAL.
CO E N U ,L U IIJ ! 1i
= 0 o Tz5 =
W cn z v E o ._ 2 y _ E...,, ,_ __mom N oo -E. a) J �, Nom �mow
> -,1- H _ 13 cn
1 \ ) / 1 }
14H-(p
Formal Comments Received (as of 02/02/2011)
FROM COMMENT
I received the flyer regarding the proposed bike route which would
Bruce Nielsen also ban parking on Bloomington Ave. I live at 7004 Bloomington
7004 Bloomington Avenue so the street in front of my house would be affected by the
no parking ban. I am fully OK with since I have ample driveway
parking for myself and this would actually benefit me to avoid having
random strangers parking in front of my house unwanted or
excessive neighbors vehicles straying in front of my house.
The only concern I would relay would be that I end up with a large
ugly "no parking" or"bike route" sign in my yard. I take pride in my
yard and would ask that at minimum any signs be placed on lot lines,
and be kept at a minimum to maintain the beauty of the
neighborhood. I would assume most markings would consist of
street painting within the bike trail anyway? Is there a map available
showing proposed signage placement?
As an avid biker I welcome this improvement as long as it is done
tastefully as well as for the safety of the bikers and homeowners.
We are opposed to the proposed bike route/lane and parking ban in
Daryl House front of our home. Bloomington Ave as you are aware is a Metro
6714 Bloomington Transit bus route and has a fair amount of traffic already. Just this
morning as I was attempting to pull out of my driveway, there were 7-
8 bicyclers riding as a group which was an example to me as of the
additional traffic being directed down our way. And, to ban parking
along our side or any side of the street that already has a metro
transit bus route traveling in both directions, is not fair to us as
homeowners, and families with small children.
Bloomington Ave., as you mentioned to me, is not as wide as
Portland Ave, so to include it as an official bicycle route and ban
parking is not a good idea. Why not direct this connection down a
slower street like 12th Ave or 16th Ave to Diagonal Blvd or 76th St?
We have an increased number of children in our neighborhood,
including my own, and with a Metro Transit bus route already
utilizing Bloomington Ave., to increase the amount of traffic with an
official bicycle route with a parking ban for our own vehicles is
not in favor with us. In my opinion, it should be one or the
other...Bike or Bus, but not both.
We also believe that if a bike lane and parking ban is approved, it will
reduce our properties already declining value. If a bike lane was in
place with a parking ban in front of this home prior to us buying this
home 2 years ago, we would have strongly considered NOT buying
this house in this location...and there is not doubt if we feel this way,
it will reduce the number of potential buyers/families that would
consider purchasing our home if/when we decide to sell/move.
To whom it may concern, please do not implement this bicycle lane
with parking ban on Bloomington Ave. and increase the traffic in front
of our family's home.
4EV?
RESOLUTION NO.
RESOLUTION RELATING TO TRAFFIC CONTROL SIGNS
"NO PARKING" ON BLOOMINGTON AVENUE
BE IT RESOLVED by the City Council of the City of Richfield, Minnesota, as
follows:
1. That the City staff is hereby authorized and directed to erect the following signs
at the following locations:
"No Parking Any Time" on the west side of Bloomington Avenue
commencing from the intersection of 66th Street south to Diagonal
Boulevard.
"No Parking Any Time" on the east side of Humboldt Avenue
commencing from the intersection of 69th Street south to 73rd
Street.
"No Parking Any Time" on the both sides of Humboldt Avenue
commencing from the intersection of 73rd Street south to 75th
Street.
2. That when the aforementioned traffic control signs have been so erected on said
street, they shall be official traffic control signs of the City of Richfield and failure to
observe such signs shall constitute a violation of the traffic ordinance of this City.
Adopted by the City Council of the City of Richfield, Minnesota this 10th day of July
2012.
Debbie Goettel, Mayor
ATTEST:
Nancy Gibbs, City Clerk
AGENDA SECTION: ORDINANCES
AGENDA ITEM# 6
REPORT# 124
STAFF REPORT
RICHFIELD
1 IFIELD, CITY COUNCIL MEETING
JULY 10, 2012
REPORT PREPARED BY: S .'rte; !i EVICH, CITY MANAGER
7 Nance Trr
REVIEWED BY CITY
MANAGER:
ArMi/ I
ITEM FOR COUNCIL CONSIDERATION:
Consideration of first reading of ordinances granting cable television franchise to Comcast of
Arkansas/Florida/Louisiana/Minnesota/Mississippi/Tennessee, Inc. and repealing Section 726
of Richfield City Code.
I. RECOMMENDED ACTION:
By Motion: Approve:
• First reading of an ordinance granting cable television franchise
to Comcast of Arkansas / Florida / Louisiana / Minnesota /
Mississippi / Tennessee, Inc.; and
• First reading of an ordinance repealing Section 726 of Richfield
City Code; and
• Scheduling public hearing and second reading of ordinances on
August 13, 2012.
II. BACKGROUND
The Southwest Suburban Cable Commission ("Commission") consists of the cities
of Eden Prairie, Edina, Hopkins, Minnetonka and Richfield, Minnesota ("Member
Cities"). The Commission administers and enforces the cable franchises on behalf
of its Member Cities.
On or about January 1, 1997, each of the Member Cities granted a Cable Television
Franchise to KBL Cablesystems of the Southwest, Inc ("Existing Franchise"). At
that same time the Member Cities each adopted a Cable Television Regulatory
Ordinance ("Regulatory Ordinance") to be incorporated into the City Code of each
Member City. In 2000, the Commission and Member Cities approved a transfer of
the Existing Franchise to Time Warner, Inc. In June of 2005, Time Warner
0710Cable
transferred the Existing Franchise to Comcast Communications ("Comcast").
Comcast currently operates the cable systems in each of the Member Cities under
authority granted in the Existing Franchise.
The initial term of the Existing Franchise ran for fifteen years and was extended by
the Member Cities to now expire on July 31, 2012. In 2009 Comcast requested
renewal of the Existing Franchise and the Commission has since been engaged in
informal renewal negotiations with Comcast in an effort to reach mutually
acceptable terms for a new franchise.
In response to Comcast's request for franchise renewal, in 2010 the Commission
retained an outside consultant to draft a Needs Assessment Report outlining the
future cable-related needs and interests of the Member Cities for the next franchise
term. The Commission also prepared a draft franchise which incorporated the
findings of the Needs Assessment. The draft franchise incorporated most of the key
provisions of the Regulatory Ordinance in an effort to consolidate all cable
regulations in a single franchise with Comcast.
Commission Goals
The Commission's primary goals during renewal negotiations were:
• Incorporate the provisions of the Regulatory Ordinance into a renewed
franchise— resulting in one governing document addressing cable
regulations in each Member City.
• Ensure that the provision of each Member City's Code is incorporated into
the renewed franchise so that the same right-of-way (ROW) regulations
governing all right-of-way users will apply to Comcast.
• Streamline regulation in the Comcast Franchise—eliminated unnecessary
provisions that are no longer applicable to cable providers in today's
regulatory environment.
• Address digital migration of local government and educational channels.
• Increase the level of capital support for local channels.
• Maintain the 5% franchise fee as consideration for use of the City's ROW.
• Eliminate the Comcast public access studio in Eden Prairie due to limited use
by residents and cable subscribers and redirect the resources to other local
programming options to be determined by the Member Cities.
• Improve customer service standards applicable to Comcast and enforceable
by the Commission and the Member Cities.
• Renew fora 10 year term.
• Adopt enforcement procedures and security to ensure compliance.
Negotiation Process
Throughout 2011 and the first half of 2012 representatives of Comcast and the
Commission negotiated the terms of a new model Cable Television Franchise
Ordinance ("Model Franchise"). The Model Franchise combines into a single
document the provisions of the Existing Franchise and the Regulatory Ordinance.
The Model Franchise is the result of extensive negotiations between the
Commission and Comcast and, as is the case of many negotiations, certain
concessions were made by both Comcast and the Commission in an effort to reach
mutually acceptable language for a ten year franchise. On May 30, 2012 the
Commission adopted Resolution 2012-1 (attached hereto) recommending that the
Model Franchise be adopted by each Member City.
All five Member Cities are taking action on the Model Franchise simultaneously.
Any proposed revisions from one of the Member Cities may require the Commission
to seek agreement not only from Comcast but also from the other four Member
Cities which may have already taken action to adopt the Model Franchise. This
point is raised not to suggest that further revisions are impossible, but to emphasize
the complexity of the approval process and the steps which must be undertaken to
complete the approval process prior to the expiration of the existing extension
resolutions - July 31, 2012.
Final Results of Franchise Negotiations
1997 2012
5% Franchise fee Same 5% fee
"Gross Revenue" definition Stronger definition
No PEG capital support fee Comcast studio closed
Comcast run studio $.60 - $.65 /sub/mo PEG Fee paid to
- $.25/sub/mo paid to City
Comcast to support studio
15 year term 10 year term
4 PEG channels 3 PEG channels
Digital migration addressed
Option for 1 high definition channel
Complementary drops at Same + up to 3 digital boxes per site
public buildings
Maintain fiber return feeds Obligation completed, will be maintained
Performance bond $100,000 per City
Security fund $10,000 per City— upon notice of
violation
Reporting/compliance Obligations from Regulatory Ordinance
merged into franchise and strengthened
ROW management Operator held to City Code provisions
Side Letter
During renewal negotiations Comcast asked to pull two commitments out of the
Model Franchise and place them in a side letter(see attached). This side letter has
been included in this packet of documents for the City's review and consideration. If
acceptable as drafted, Comcast will execute and forward a copy of the side letter to
the Commission at the time of acceptance.
III. BASIS OF RECOMMENDATION
A. POLICY
• The City is part of the 5 city Southwest Suburban Cable Commission
(SWSCC) and as such, jointly negotiates long term cable franchise
agreements for the member cities.
• The franchise agreement for each City must be adopted through a
formal process such as a city ordinance. Such an ordinance is the
process for Richfield.
B. CRITICAL TIMING ISSUES
• The cable television franchise renewal must be handled as soon as
possible in that the current franchise extension expires on July 31,
2012. New provisions of the franchise are set to commence on
August 1, 2012 including additional franchise fees. Thus it is critical
that the new franchise ordinance be adopted as quickly as is possible.
The current schedule as contemplated in this staff report will meet the
requirements of the SWSCC and Comcast.
C. FINANCIAL
• The financial aspects of the franchise agreement have been
summarized in the background section of this report and are further
delineated in an attachment entitled "Annual Franchise and PEG
Fees".
• The PEG (Public/Educational/Governmental) fees contained in this
franchise agreement are low in comparison to other cities in the metro
area. However, those fees are collected directly from subscribers and
the will be adequate to cover the PEG expenses contemplated by the
5 cities of the SWSCC. Historically, PEG fees for the SWSCC have
been lower than most other cities in the metro.
D. LEGAL
• The franchise ordinance was negotiated and drafted by legal counsel
for the Southwest Cable Communications Commission, Brian Grogan.
• Under the City Charter, the new ordinance will not be effective until 30
days after publication of the ordinance. The SWCCC has negotiated
that the new rates will be applied retroactively to August 1, 2012.
• Sections 10.01 and 10.03 of the City Charter require that franchises
be approved by ordinance after a public hearing.
E. ENVIRONMENTAL CONSIDERATIONS
• None
IV. ALTERNATIVE RECOMMENDATION(S)
• The City Council could refuse to adopt the proposed franchise agreement,
however its adoption has been recommended by the Board of the SWSCC
and failure to adopt the recommended franchise ordinance would leave the
City of Richfield without a cable television franchise.
V. ATTACHMENTS
• Cable television franchise ordinance
• Ordinance repealing City's cable television regulatory ordinance
• Staff memo to member cities of commission
• Commission resolution 2012-1
• Side letter from Comcast to Commission
• Annual franchise and PEG fee chart
• Twin Cities Metro Area Cable PEG fee comparison chart
VI. PRINCIPAL PARTIES EXPECTED AT MEETING
• None.
(i- I
City of Richfield,Minnesota
Ordinance Granting a Cable Television Franchise
to
Comcast of Arkansas/Florida/Louisiana/Minnesota/Mississippi/Tennessee,Inc.
June 25,2012
2032276v1
te- a
TABLE OF CONTENTS
SECTION 1 DEFINITIONS 1
SECTION 2 FRANCHISE 5
SECTION 3 OPERATION IN STREETS AND RIGHTS-OF-WAY 8
SECTION 4 REMOVAL OR ABANDONMENT OF SYSTEM 12
SECTION 5 SYSTEM DESIGN AND CAPACITY 13
SECTION 6 PROGRAMMING AND SERVICES 16
SECTION 7 PUBLIC,EDUCATIONAL AND GOVERNMENTAL ACCESS 18
SECTION 8 REGULATORY PROVISIONS 24
SECTION 9 BOND 25
SECTION 10 SECURITY FUND 26
SECTION 11 DEFAULT 28
SECTION 12 FORECLOSURE AND RECEIVERSHIP 30
SECTION 13 REPORTING REQUIREMENTS 31
SECTION 14 CUSTOMER SERVICE POLICIES 32
SECTION 15 SUBSCRIBER PRACTICES 38
SECTION 16 COMPENSATION AND FINANCIAL PROVISIONS 38
SECTION 17 MISCELLANEOUS PROVISIONS 42
EXHIBIT A FREE CABLE SERVICE TO PUBLIC BUILDINGS A-1
EXHIBIT B EXISTING FIBER RETURN LINES B-1
EXHIBIT C FRANCHISE FEE PAYMENT WORKSHEET C-1
2032276v1
ORDINANCE NO.
AN ORDINANCE RENEWING THE GRANT OF A FRANCHISE TO COMCAST OF
ARKANSAS/FLORIDA/LOUISIANA/MINNESOTA/MISSISSIPPI/TENNESSEE,
INC. TO OPERATE AND MAINTAIN A CABLE SYSTEM IN THE CITY OF
RICHFIELD; SETTING FORTH CONDITIONS ACCOMPANYING THE GRANT OF
FRANCHISE; PROVIDING FOR CITY REGULATION AND ADMINISTRATION OF
THE CABLE SYSTEM; AND TERMINATING ORDINANCE NO. 1996-27.
RECITALS
The City of Richfield, Minnesota("City")pursuant to applicable federal and state law, is
authorized to grant one or more nonexclusive cable television franchises to construct, operate,
maintain and reconstruct cable television systems within the City limits.
Comcast of Arkansas/Florida/Louisiana/Minnesota/Mississippi/Tennessee, Inc., a
Delaware corporation("Grantee")has operated a Cable System in the City, under a cable
television franchise granted pursuant to Ordinance No. 1996-27.
Negotiations between Grantee and the City have been completed and the franchise
renewal process followed in accordance with the guidelines established by the City Code,
Minnesota Statutes Chapter 238 and the Cable Act(47 U.S.C. 546).
The City reviewed the legal,technical and financial qualifications of Grantee and, after a
properly noticed public hearing,as determined that it is in the best interest of the City and its
residents to renew the cable television franchise with Grantee.
NOW,THEREFORE,THE CITY OF RICHFIELD DOES ORDAIN that a franchise
is hereby granted to Comcast of Arkansas/Florida/Louisiana/Minnesota/Mississippi/
Tennessee, Inc.,to operate and maintain a Cable System in the City upon the following terms
and conditions:
SECTION 1
DEFINITIONS
For the purpose of this Franchise,the following,terms,phrases,words, derivations and
their derivations shall have the meanings given herein. When not inconsistent with the context,
words used in the present tense include the future tense,words in the plural number include the
singular number and words in the singular number include the plural number. In the event the
meaning of any word or phrase not defined herein is uncertain,the definitions contained in
applicable local, State or Federal law shall apply.
"Access Channels"means any channel or portion of a channel utilized for public,
educational or governmental programming.
1
2032276v1
lo-
"Affiliate" shall mean any Person controlling, controlled by or under common control of
Grantee.
"Applicable Laws"means any law, statute, charter, ordinance, rule, regulation, code,
license, certificate, franchise,permit,writ,ruling,award, executive order, directive,requirement,
injunction(whether temporary,preliminary or permanent),judgment, decree or other order
issued, executed, entered or deemed applicable by any governmental authority of competent
jurisdiction.
"Basic Cable Service"means any service tier which includes the lawful retransmission of
local television broadcast.
"Cable Act"means the Cable Communications Policy Act of 1984, 47 U.S.C. §§ 521 et
seq., as amended by the Cable Television Consumer Protection and Competition Act of 1992, as
further amended by the Telecommunications Act of 1996, as further amended from time to time.
"Cable Service"shall mean(a)the one-way transmission to Subscribers of(i)Video
Programming or(ii) Other Programming Service, and b) Subscriber interaction, if any, which is
required for the selection or use of such video programming or other programming service. For
the purposes of this definition, "video programming"is programming provided by, or generally
considered comparable to programming provided by a television broadcast station; and, "other
programming service"is information that a cable operator makes available to all Subscribers
generally.
"Cable System"or"System" shall have the meaning specified for"Cable System"in the
Cable Act. Unless otherwise specified, it shall in this document refer to the Cable System
constructed and operated in the City under this Franchise.
"Channel"means a portion of the electromagnetic frequency spectrum which is used in a
Cable System and which is capable of delivering a television channel as defined by the FCC by
regulation.
"City" shall mean the City of Richfield, a municipal corporation in the State of
Minnesota.
"City Code"means the Municipal Code of the City of Richfield,Minnesota, as may be
amended from time to time.
"Commission"means the Southwest Suburban Cable Communications Commission
consisting of the cities of Edina,Eden Prairie,Hopkins,Minnetonka and Richfield, Minnesota.
"Connection"means the attachment of the Drop to the television set of the Subscriber.
"Converter"means an electronic device,which converts signals to a frequency not
susceptible to interference within the television receiver of a Subscriber, and by an appropriate
2
2032276v1
L9'
Channel selector also permits a Subscriber to view all signals included in the Basic Cable
Service tier delivered at designated converter dial locations.
"Council" shall mean the governing body of the City.
"Day"unless otherwise specified shall mean a calendar day.
"Drop" shall mean the cable that connects the Subscriber terminal to the nearest feeder
cable of the cable.
"Effective Date"shall mean August 1, 2012.
"Expanded Basic Service"means the next tier of service above the Basic Cable Service
tier excluding premium or pay-per-view services.
"FCC"means the Federal Communications Commission, or a designated representative.
"Franchise" shall mean the right granted by this Ordinance and conditioned as set forth
herein.
"Franchise Area"means the entire geographic area within the City as it is now
constituted or may in the future be constituted.
"Franchise Fee" shall mean the fee assessed by the City to Grantee, in consideration of
Grantee's right to operate the Cable System within the City's Streets and rights of way,
determined in amount as a percentage of Grantee's Gross Revenues and limited to the maximum
percentage allowed for such assessment by federal law. The term Franchise Fee does not include
the exceptions noted in 47 U.S.C. §542(g)(2)(A-E).
"GAAP"means generally accepted accounting principles as promulgated and defined by
the Financial Accounting Standards Board("FASB"),Emerging Issues Task Force("EITF")
and/or the U.S. Securities and Exchange Commission("SEC").
"Gross Revenues"means any and all compensation in whatever form, from any source,
directly or indirectly earned by Grantee or any Affiliate of Grantee or any other Person who
would constitute a cable operator of the Cable System under the Cable Act, derived from the
operation of the Cable System to provide Cable Service within the City. Gross Revenues include,
by way of illustration and not limitation,monthly fees charged Subscribers for Cable Services
including Basic Cable Service, any expanded tiers of Cable Service, optional premium or digital
services;pay-per-view services;Pay Services, installation, disconnection,reconnection and
change-in-service fees, Leased Access Channel fees, all Cable Service lease payments from the
Cable System to provide Cable Services in the City, late fees and administrative fees,payments
or other consideration received by Grantee from programmers for carriage of programming on
the Cable System and accounted for as revenue under GAAP;revenues from rentals or sales of
Converters or other Cable System equipment; advertising sales revenues booked in accordance
with Applicable Law and GAAP; revenues from program guides and electronic guides,
3
2032276v1
additional outlet fees, Franchise Fees required by this Franchise,revenue from Interactive
Services to the extent they are considered Cable Services under Applicable Law;revenue from
the sale or carriage of other Cable Services,revenues from home shopping and other revenue-
sharing arrangements. Grantee agrees that Gross Revenues shall include all commissions paid to
the National Cable Communications and Comcast Spotlight or their successors associated with
sales of advertising on the Cable System within the City allocated according to this paragraph
using total Cable Service, Subscribers reached by the advertising. Copyright fees or other license
fees paid by Grantee shall not be subtracted from Gross Revenues for purposes of calculating
Franchise Fees. Gross Revenues shall include revenue received by any entity other than Grantee
where necessary to prevent evasion or avoidance of the obligation under this Franchise to pay the
Franchise Fees.
Gross Revenues shall not include any taxes on services furnished by Grantee,which taxes
are imposed directly on a Subscriber or user by a city, county, state or other governmental unit,
and collected by Grantee for such entity. The Franchise Fee is not such a tax. Gross Revenues
shall not include amounts which cannot be collected by Grantee and are identified as bad debt;
provided that if amounts previously representing bad debt are collected,then those amounts shall
be included in Gross Revenues for the period in which they are collected. Gross Revenues shall
not include payments for PEG Access capital support. The City acknowledges and accepts that
Grantee shall maintain its books and records in accordance with GAAP.
"Interactive Services"are those services provided to Subscribers whereby the Subscriber
either(a)both receives information consisting of either television or other signal and transmits
signals generated by the Subscriber or equipment under his/her control for the purpose of
selecting what information shall be transmitted to the Subscriber or for any other purpose or(b)
transmits signals to any other location for any purpose.
"Minnesota Cable Communications Act"means the provisions of Minnesota law
governing the requirements for a cable television franchise as set forth in Minn. Stat. § 238, et.
seq., as amended.
"Normal Business Hours"means those hours during which most similar businesses in
City are open to serve customers. In all cases, "Normal Business Hours"must include some
evening hours, at least one (1) night per week and/or some weekend hours.
"Normal Operating Conditions"means those Service conditions which are within the
control of Grantee. Those conditions which are not within the control of Grantee include,but are
not limited to,natural disasters, civil disturbances,power outages,telephone network outages,
and severe or unusual weather conditions. Those conditions which are ordinarily within the
control of Grantee include,but are not limited to, special promotions,pay-per-view events,rate
increases,regular peak or seasonal demand periods, and maintenance or upgrade of the Cable
System.
"Pay Service"means programming(such as certain on-demand movie channels or pay-
per-view programs) offered individually to Subscribers on a per-channel,per-program or per-
event basis.
4
2032276v1
1
"PEG"means public, educational and governmental.
"Person"means any natural person and all domestic and foreign corporations, closely-
held corporations, associations, syndicates,joint stock corporations,partnerships of every kind,
clubs,businesses, common law trusts, societies and/or any other legal entity.
"Street" shall mean the surface of and the space above and below any public Street,road,
highway, freeway, lane,path,public way, alley, court, sidewalk,boulevard,parkway,drive or
any easement or right-of-way now or hereafter held by City which shall,within its proper use
and meaning in the sole opinion of City,entitle Grantee to the use thereof for the purpose of
installing or transmitting over poles,wires, cables, conductors, ducts, conduits,vaults,man-
holes, amplifiers, appliances, attachments and other property as may be ordinarily necessary and
pertinent to a Cable System.
"Subscriber"means a Person who lawfully receives Cable Service.
"Wireline MVPD"means a multichannel video programming distributor that utilizes the
Streets to install cable or fiber and is engaged in the business of making available for purchase,
by Subscribers,multiple Channels of video programming in the City.
SECTION 2
FRANCHISE
2.1 Grant of Franchise. The City hereby authorizes Grantee to occupy or use the
City's Streets subject to: 1)the provisions of this non-exclusive Franchise to provide Cable
Service within the City; and 2)all applicable provisions of the City Code. Said Franchise shall
constitute both a right and an obligation to provide Cable Services as required by the provisions
of this Franchise. Nothing in this Franchise shall be construed to prohibit Grantee from: (1)
providing services other than Cable Services to the extent not prohibited by Applicable Law; or
(2) challenging any exercise of the City's legislative or regulatory authority in an appropriate
forum. The City hereby reserves all of its rights to regulate such other services to the extent not
prohibited by Applicable Law and no provision herein shall be construed to limit or give up any
right to regulate.
2.2 Reservation of Authority. The Grantee specifically agrees to comply with the
lawful provisions of the City Code and applicable regulations of the City. Subject to the police
power exception below, in the event of a conflict between A)the lawful provisions of the City
Code or applicable regulations of the City and B)this Franchise,the express provisions of this
Franchise shall govern. Subject to express federal and state preemption,the material terms and
conditions contained in this Franchise may not be unilaterally altered by the City through
subsequent amendments to the City Code, ordinances or any regulation of City,except in the
lawful exercise of City's police power. Grantee acknowledges that the City may modify its
regulatory policies by lawful exercise of the City's police powers throughout the term of this
Franchise. Grantee agrees to comply with such lawful modifications to the City Code; however,
Grantee reserves all rights it may have to challenge such modifications to the City Code whether
arising in contract or at law. The City reserves all of its rights and defenses to such challenges
5
2032276v1
whether arising in contract or at law.Nothing in this Franchise shall(A) abrogate the right of the
City to perform any public works or public improvements of any description, (B)be construed as
a waiver of any codes or ordinances of general applicability promulgated by the City, or(C)be
construed as a waiver or release of the rights of the City in and to the Streets.
2.3 Franchise Term. The term of the Franchise shall be ten(10)years from the
Effective Date,unless extended by mutual written consent in accordance with Section 17.7 or
terminated sooner in accordance with this Franchise.
2.4 Franchise Area. This Franchise is granted for the Franchise Area deemed herein.
Grantee shall extend its Cable System to provide Service to any residential unit in the City in
accordance with Section 6.6 herein. This Franchise governs any Cable Services provided by
Grantee to residential and commercial Subscribers to Grantee's Cable System.
2.5 Franchise Nonexclusive. The Franchise granted herein shall be nonexclusive.
The City specifically reserves the right to grant, at any time, such additional franchises for a
Cable System as it deems appropriate provided,however, such additional grants shall not operate
to materially modify,revoke, or terminate any rights previously granted to Grantee other than as
described in Section 17.18. The grant of any additional franchise shall not of itself be deemed to
constitute a modification, revocation, or termination of rights previously granted to Grantee.
Any additional cable franchise grants shall comply with Minn. Stat. Section 238.08 and any
other applicable federal level playing field requirements.
2.6 Periodic Public Review of Franchise. Within sixty(60)Days of the third and
sixth annual anniversary of the Effective Date of this Franchise,the City may conduct a public
review of the Franchise. The purpose of any such review shall be to ensure,with the benefit of
full opportunity for public comment,that the Grantee continues to effectively serve the public in
the light of new developments in cable law and regulation, cable technology, cable company
performance with the requirements of this Franchise,local regulatory environment,community
needs and interests, and other such factors. Both the City and Grantee agree to make a full and
good faith effort to participate in the review. So long as Grantee receives reasonable notice,
Grantee shall participate in the review process and shall fully cooperate. The review shall not
operate to modify or change any provision of this Franchise without mutual written consent in
accordance with Section 17.7 of this Franchise.
2.7 Transfer of Ownership.
(a) No sale,transfer, assignment or"fundamental corporate change", as
defined in Minn. Stat. § 238.083, of this Franchise shall take place until the parties to the
sale,transfer, or fundamental corporate change files a written request with City for its
approval,provided,however,that said approval shall not be required where Grantee
grants a security interest in its Franchise and assets to secure an indebtedness.
(b) City shall have thirty(30)Days from the time of the request to reply in
writing and indicate approval of the request or its determination that a public hearing is
necessary due to potential adverse affect on Grantee's Subscribers resulting from the sale
or transfer. Such approval or determination shall be expressed in writing within thirty
6
2032276v1
(30)Days of receipt of said request, or the request shall be deemed approved as a matter
of law.
(c) If a public hearing is deemed necessary pursuant to (b)above, such
hearing shall be commenced within thirty(30)Days of such determination and notice of
any such hearing shall be given in accordance with local law or fourteen(14)Days prior
to the hearing by publishing notice thereof once in a newspaper of general circulation in
City. The notice shall contain the date,time and place of the hearing and shall briefly
state the substance of the action to be considered by City.
(d) Within thirty(30)Days after the closing of the public hearing, City shall
approve or deny in writing the sale or transfer request. City shall set forth in writing with
particularity its reason(s)for denying approval. City shall not unreasonably withhold its
approval.
(e) The parties to the sale or transfer of the Franchise only,without the
inclusion of the System in which substantial construction has commenced, shall establish
that the sale or transfer of only the Franchise will be in the public interest.
(f) Any sale or transfer of stock in Grantee so as to create a new controlling
interest in the System shall be subject to the requirements of this Section 2.7. The term
"controlling interest"as used herein is not limited to majority stock ownership,but
includes actual working control in whatever manner exercised.
(g) In no event shall a transfer or assignment of ownership or control be
approved without the transferee becoming a signatory to this Franchise and assuming all
rights and obligations thereunder, and assuming all other rights and obligations of the
transferor to the City.
(h) In the event of any proposed sale or assignment pursuant to paragraph(a)
of this section, City shall have the right of first refusal of any bona fide offer to purchase
the Cable System. Bona fide offer,as used in this section,means an offer received by the
Grantee which it intends to accept subject to City's rights under this section. This written
offer must be conveyed to City along with the Grantee's written acceptance of the offer
contingent upon the rights of City provided for in this section. City shall be deemed to
have waived its rights under this paragraph(h) in the following circumstances:
(i) If it does not indicate to Grantee in writing, within thirty(30)Days
of notice of a proposed sale or assignment,its intention to exercise its right of
purchase; or
(ii) It approves the assignment or sale of the Franchise as provided
within this section.
2.8 Expiration. Upon expiration of the Franchise,the City shall have the right at its
own election and subject to Grantee's rights under Section 626 of the Cable Act to:
7
2032276x1
Lo—
(a) extend the Franchise,though nothing in this provision shall be construed
to require such extension;
(b) renew the Franchise,in accordance with Applicable Laws;
(c) invite additional franchise applications or proposals;
(d) terminate the Franchise subject to any rights Grantee has under Section
626 of the Cable Act; or
(e) take such other action as the City deems appropriate.
2.9 Right to Require Removal of Property. At the expiration of the term for which
the Franchise is granted provided no renewal is granted, or upon its forfeiture or revocation as
provided for herein,the City shall have the right to require Grantee to remove at Grantee's own
expense all or any part of the Cable System from all Streets and public ways within the Franchise
Area within a reasonable time. If Grantee fails to do so,the City may perform the work and
collect the cost thereof from Grantee.
2.10 Continuity of Service Mandatory. It shall be the right of all Subscribers to
receive all available services insofar as their fmancial and other obligations to Grantee are
honored. In the event that Grantee elects to overbuild,rebuild,modify,or sell the system, or the
City revokes or fails to renew the Franchise, Grantee shall make its best effort to ensure that all
Subscribers receive continuous uninterrupted service,regardless of the circumstances, during the
lifetime of the Franchise. In the event of expiration,purchase, lease-purchase, condemnation,
acquisition,taking over or holding of plant and equipment, sale, lease, or other transfer to any
other Person, including any other grantee of a cable communications franchise,the current
Grantee shall cooperate fully to operate the system in accordance with the terms and conditions
of this Franchise for a temporary period sufficient in length to maintain continuity of service to
all Subscribers.
SECTION 3
OPERATION IN STREETS AND RIGHTS-OF-WAY
3.1 Use of Streets.
(a) Grantee may, subject to the terms of this Franchise, erect, install,
construct,repair,replace, reconstruct and retain in, on, over,under, upon, across and
along the Streets within the City such lines, cables, conductors, ducts, conduits,vaults,
manholes, amplifiers, appliances,pedestals, attachments and other property and
equipment as are necessary and appurtenant to the operation of a Cable System within the
City. Without limiting the foregoing, Grantee expressly agrees that it will construct,
operate and maintain its Cable System in compliance with, and subject to,the
requirements of the City Code, including by way of example and not limitation,those
requirements governing the placement of Grantee's Cable System; and with other
applicable City Codes, and will obtain and maintain all permits and bonds required by the
City Code in addition to those required in this Franchise.
8
2032276v1
(b) All wires, conduits, cable and other property and facilities of Grantee shall
be so located, constructed, installed and maintained as not to endanger or unnecessarily
interfere with the usual and customary trade,traffic and travel upon, or other use of,the
Streets of City. Grantee shall keep and maintain all of its property in good condition,
order and repair so that the same shall not menace or endanger the life or property of any
Person. Grantee shall keep accurate maps and records of all of its wires, conduits, cables
and other property and facilities located, constructed and maintained in the City.
(c) All wires, conduits,cables and other property and facilities of Grantee,
shall be constructed and installed in an orderly and workmanlike manner. All wires,
conduits and cables shall be installed,where possible,parallel with electric and telephone
lines. Multiple cable configurations shall be arranged in parallel and bundled with due
respect for engineering considerations.
3.2 Construction or Alteration. Grantee shall in all cases comply with the City
Code, City resolutions and City regulations regarding the acquisition of permits and/or such
other items as may be reasonably required in order to construct, alter or maintain the Cable
System. Grantee shall,upon request,provide information to the City regarding its progress in
completing or altering the Cable System.
3.3 Non-Interference. Grantee shall exert its best efforts to construct and maintain a
Cable System so as not to interfere with other use of Streets. Grantee shall,where possible in the
case of above ground lines,make use of existing poles and other facilities available to Grantee.
When residents receiving underground service or who will be receiving underground service will
be affected by proposed construction or alteration, Grantee shall provide such notice as set forth
in the permit or in City Code of the same to such affected residents.
3.4 Consistency with Designated Use.Notwithstanding the above grant to use
Streets,no Street shall be used by Grantee if the City, in its sole opinion, determines that such
use is inconsistent with the terms, conditions or provisions by which such Street was created or
dedicated, or presently used under Applicable Laws.
3.5 Undergrounding. Grantee shall place underground all of its transmission lines
which are located or are to be located above or within the Streets of the City in the following
cases:
(a) all other existing utilities are required to be placed underground by statute,
resolution,policy or other Applicable Law;
(b) Grantee is unable to get pole clearance;
(c) underground easements are obtained from developers of new residential
areas; or
(d) utilities are overhead but residents prefer underground(service provided at
cost).
9
2032276v1
- i a-
If an ordinance is passed which involves placing underground certain utilities including
Grantee's cable plant which is then located overhead, Grantee shall participate in such
underground project and shall remove poles, cables and overhead wires if requested to do so and
place facilities underground. Nothing herein shall mandate that City provide reimbursement to
Grantee for the costs of such relocation and removal. However, if the City makes available
funds for the cost of placing facilities underground,nothing herein shall preclude the Grantee
from participating in such funding to the extent consistent with the City Code or Applicable
Laws.
Grantee shall use conduit or its functional equivalent to the greatest extent possible for
undergrounding, except for Drops from pedestals to Subscribers' homes and for cable on other
private property where the owner requests that conduit not be used. Cable and conduit shall be
utilized which meets the highest industry standards for electronic performance and resistance to
interference or damage from environmental factors. Grantee shall use, in conjunction with other
utility companies or providers, common trenches for underground construction wherever
available.
3.6 Maintenance and Restoration.
(a) Restoration. In case of disturbance of any Street,public way,paved area
or public improvement, Grantee shall, at its own cost and expense and in accordance with
the requirements of Applicable Law, restore such Street,public way,paved area or public
improvement to substantially the same condition as existed before the work involving
such disturbance took place. All requirements of this section pertaining to public property
shall also apply to the restoration of private easements and other private property.
Grantee shall perform all restoration work within a reasonable time and with due regard
to seasonal working conditions. If Grantee fails,neglects or refuses to make restorations
as required under this section,then the City may do such work or cause it to be done, and
the cost thereof to the City shall be paid by Grantee. If Grantee causes any damage to
private property in the process of restoring facilities, Grantee shall repair such damage.
(b) Maintenance. Grantee shall maintain all above ground improvements that
it places on City right-of-way pursuant to the City Code and any permit issued by the
City. In order to avoid interference with the City's ability to maintain the right-of-way,
Grantee shall provide such clearance as is required by the City Code and any permit
issued by the City. If Grantee fails to comply with this provision, and by its failure,
property is damaged, Grantee shall be responsible for all damages caused thereby.
(c) Disputes. In any dispute over the adequacy of restoration or maintenance
relative to this section, final determination shall be the prerogative of the City,
Department of Public Works and consistent with the City Code and any permit issued by
the City.
3.7 Work on Private Property. Grantee,with the consent of property owners, shall
have the authority,pursuant to the City Code,to trim trees upon and overhanging Streets, alleys,
sidewalks, and public ways so as to prevent the branches of such trees from coming in contact
10
2032276v1
with the wires and cables of Grantee, except that at the option of the City, such trimming may be
done by it or under its supervision and direction at the reasonable expense of Grantee.
3.8 Relocation.
(a) City Property. If, during the term of the Franchise,the City or any
government entity elects or requires a third party to alter,repair,realign, abandon,
improve,vacate,reroute or change the grade of any Street,public way or other public
property; or to construct,maintain or repair any public improvement; or to replace, repair
install,maintain, or otherwise alter any cable,wire conduit,pipe, line,pole,wire-holding
structure, structure, or other facility, including a facility used for the provision of utility
or other services or transportation of drainage, sewage or other liquids, for any public
purpose, Grantee shall,upon request,except as otherwise hereinafter provided,at its sole
expense remove or relocate as necessary its poles,wires, cables,underground conduits,
vaults,pedestals,manholes and any other facilities which it has installed. Nothing herein
shall mandate that City provide reimbursement to Grantee for the costs of such relocation
and removal. However, if the City makes available funds for the cost of placing facilities
underground,nothing herein shall preclude the Grantee from participating in such
funding to the extent consistent with the City Code or Applicable Laws.
(b) Utilities and Other Franchisees. If, during the term of the Franchise,
another entity which holds a franchise or any utility requests Grantee to remove or
relocate such facilities to accommodate the construction,maintenance or repair of the
requesting party's facilities, or their more efficient use, or to "make ready"the requesting
party's facilities for use by others, or because Grantee is using a facility which the
requesting party has a right or duty to remove, Grantee shall do so. The companies
involved may decide among themselves who is to bear the cost of removal or relocation,
pursuant to City Code, and provided that the City shall not be liable for such costs.
(c) Notice to Remove or Relocate. Any Person requesting Grantee to remove
or relocate its facilities shall give Grantee no less than forty-five (45)Days' advance
written notice to Grantee advising Grantee of the date or dates removal or relocation is to
be undertaken;provided,that no advance written notice shall be required in emergencies
or in cases where public health and safety or property is endangered.
(d) Failure by Grantee to Remove or Relocate. If Grantee fails,neglects or
refuses to remove or relocate its facilities as directed by the City; or in emergencies or
where public health and safety or property is endangered,the City may do such work or
cause it to be done, and the cost thereof to the City shall be paid by Grantee. If Grantee
fails,neglects or refuses to remove or relocate its facilities as directed by another
franchisee or utility,that franchisee or utility may do such work or cause it to be done,
and if Grantee would have been liable for the cost of performing such work,the cost
thereof to the party performing the work or having the work performed shall be paid by
Grantee.
(e) Procedure for Removal of Cable. Grantee shall not remove any
underground cable or conduit which requires trenching or other opening of the Streets
11
2032276v1
u -- 14
along the extension of cable to be removed, except as hereinafter provided. Grantee may
remove any underground cable from the Streets which has been installed in such a
manner that it can be removed without trenching or other opening of the Streets along the
extension of cable to be removed. Subject to Applicable Law, Grantee shall remove, at
its sole cost and expense, any underground cable or conduit by trenching or opening of
the Streets along the extension thereof or otherwise which is ordered to be removed by
the City based upon a determination,in the sole discretion of the City,that removal is
required in order to eliminate or prevent a hazardous condition. Underground cable and
conduit in the Streets which is not removed shall be deemed abandoned and title thereto
shall be vested in the City.
(f) Movement of Buildings. Grantee shall,upon request by any Person
holding a building moving permit,franchise or other approval issued by the City,
temporarily remove,raise or lower its wire to permit the movement of buildings. The
expense of such removal,raising or lowering shall be paid by the Person requesting same,
and Grantee shall be authorized to require such payment in advance. The City shall
require all building movers to provide not less than fifteen(15)Days' notice to the cable
company to arrange for such temporary wire changes.
SECTION 4
REMOVAL OR ABANDONMENT OF SYSTEM
4.1 Removal of Cable System. In the event that: (1)the use of the Cable System is
discontinued for any reason for a continuous period of twelve(12)months; or(2)the Cable
System has been installed in a Street without complying with the requirements of this Franchise,
Grantee, at its expense shall, at the demand of the City remove promptly from the Streets all of
the Cable System other than any which the City may permit to be abandoned in place. In the
event of any such removal Grantee shall promptly restore to a condition as nearly as possible to
its prior condition the Street or other public places in the City from which the System has been
removed.
4.2 Abandonment of Cable System. In the event of Grantee's abandonment of the
Cable System, City shall have the right to require Grantee to conform to the state right-of-way
rules,Minn. Rules, Chapter 7819. The Cable System to be abandoned in place shall be
abandoned in the manner prescribed by the City. Grantee may not abandon any portion of the
System without having first given three(3)months written notice to the City. Grantee may not
abandon any portion of the System without compensating the City for damages resulting from
the abandonment.
4.3 Removal after Abandonment or Termination. If Grantee has failed to
commence removal of System, or such part thereof as was designated by City,within thirty(30)
days after written notice of City's demand for removal consistent with Minn. Rules, Ch. 7819,is
given, or if Grantee has failed to complete such removal within twelve (12)months after written
notice of City's demand for removal is given, City shall have the right to apply funds secured by
the letter of credit and performance bond toward removal and/or declare all right,title,and
interest to the Cable System to be in City with all rights of ownership including,but not limited
12
2032276v1
6- 15
to,the right to operate the Cable System or transfer the Cable System to another for operation by
it.
4.4 City Options for Failure to Remove Cable System. If Grantee has failed to
complete such removal within the time given after written notice of the City's demand for
removal is given,the City shall have the right to exercise one of the following options:
(a) Declare all right,title and interest to the System to be in the City or its
designee with all rights of ownership including,but not limited to,the right to operate the
System or transfer the System to another for operation by it; or
(b) Declare the System abandoned and cause the System, or such part thereof
as the City shall designate,to be removed at no cost to the City. The cost of said removal
shall be recoverable from the security fund, indemnity and penalty section provided for in
this Franchise or from Grantee directly.
(c) Upon termination of service to any Subscriber, Grantee shall promptly
remove all its facilities and equipment from within the dwelling of a Subscriber who
owns such dwelling upon his or her written request, except as provided by Applicable
Law. Such Subscribers shall be responsible for any costs incurred by Grantee in
removing the facilities and equipment.
4.5 System Construction and Equipment Standards. The Cable System shall be
installed and maintained in accordance with standard good engineering practices and shall
conform,when applicable,with the National Electrical Safety Code,the National Electrical Code
and the FCC's Rules and Regulations.
4.6 System Maps and Layout. Grantee shall maintain complete and accurate system
maps,which shall include trunks, distribution lines, and nodes. Such maps shall include up-to-
date route maps showing the location of the Cable System adjacent to the Streets. Grantee shall
make all maps available for review by the appropriate City personnel.
SECTION 5
SYSTEM DESIGN AND CAPACITY
5.1 Availability of Signals and Equipment.
(a) Prior to the Effective Date of this Franchise, Grantee upgraded its Cable
System to a fiber to the fiber node Cable System architecture, with fiber optic
cable deployed from Grantee's headend to Grantee's fiber nodes,tying into
Grantee's coaxial Cable System already serving Subscribers. Active and passive
devices currently are passing a minimum of 750 MHz(with a minimum passband
of between 50 and 750 MHz)providing to Subscribers at least two hundred(200)
or more activated minimum downstream video Channels and minimum activated
upstream digital Channel capacity of 35 MHz accessible from any node and any
Subscriber in the Franchise Area. This upstream capacity requires no additional
installation of equipment for use except on users' premises.
13
2032276v1
(b) The entire System shall be technically capable of transmitting NTSC
analog, compressed digital and HDTV transmissions. The Grantee shall comply
with all FCC regulations regarding carriage of digital and HDTV transmissions.
(c) Grantee agrees to maintain the Cable System in a manner consistent with,
or in excess of the specifications in Section 5.1 (a) and(b)throughout the term of
the Franchise with sufficient capability and technical quality to enable the
implementation and performance of all the requirements of this Franchise,
including the exhibits hereto, and in a manner which meets or exceeds FCC
technical quality standards at 47 C.F.R. § 76 Subpart K,regardless of the
particular format in which a signal is transmitted.
5.2 Free Cable Service to Public Buildings.
(a) Throughout the term of this Franchise Grantee shall provide, free of
charge, one(1) service Drop,three(3) Converters, if necessary and requested, and
Basic Cable Service and the next highest level of Service generally available to
all Subscribers (as of the Effective Date referred to as Expanded Basic Cable
Service) ("Complimentary Service"),to all of the sites listed on Exhibit A
attached hereto.
(b) If the Drop line to such building exceeds three hundred fifty(350)feet,
Grantee will accommodate the Drop up to three hundred fifty(350)feet if the
City or other agency provides the necessary attachment point for aerial service or
conduit pathway for underground service. If the necessary pathway is not
provided,the City or other agency agrees to pay the incremental cost of such
Drop in excess of two hundred(200) feet for an aerial service Drop, or in excess
of one hundred twenty-five (125)feet for an underground service Drop. For
purposes of this paragraph, "incremental cost"means Grantee's actual cost to
provide the Drop beyond the applicable distances,with no mark-up for profit.
The recipient of the service will secure any necessary right of entry.
(c) The City or the building occupant shall have the right to extend Cable
Service throughout the building to additional outlets without any fees imposed by
Grantee for the provision of Complimentary Service to such additional outlets. If
ancillary equipment, such as a Converter,is required to receive the signal at
additional outlets, Grantee will provide up to three (3) devices at no charge, and
will provide additional devices at Grantee's lowest residential rate charged within
the Twin Cities metropolitan area.
(d) Notwithstanding anything to the contrary set forth in this section, Grantee
shall not be required to provide Complimentary Service to such buildings unless it
is technically feasible. Outlets and maintenance of said Complimentary Service
shall be provided free of fees and charges.
5.3 Equal and Uniform Service. To the extent required by Applicable Law, Grantee
shall provide access to equal and uniform Cable Service throughout the City.
14
2032276v1
te f
5.4 System Specifications.
(a) System Maintenance. In all its construction and service provision
activities, Grantee shall meet or exceed the construction,technical performance,
extension and service requirements set forth in this Franchise.
(b) Emergency Alert Capability. At all times during the term of this
Franchise, Grantee shall provide and maintain an Emergency Alert System(EAS)
consistent with applicable federal law and regulations including 47 C.F.R.,Part 11, and
any Minnesota State Emergency Alert System requirements. The City may identify
authorized emergency officials for activating the EAS consistent with the Minnesota
State Emergency Statewide Plan("EAS Plan"). The City may also develop a local plan
containing methods of EAS message distribution, subject to Applicable Laws and the
EAS Plan. Nothing in this section is intended to expand Grantee's obligations beyond
that which is required by the EAS Plan and Applicable Law.
(c) Standby Power. Grantee shall provide standby power generating capacity
at the Cable System control center and at all hubs. Grantee shall maintain standby power
system supplies,rated at least at two (2)hours' duration,throughout the trunk and
distribution networks. In addition, Grantee shall have in place throughout the Franchise
term a plan, and all resources necessary for implementation of the plan,for dealing with
outages of more than two (2)hours.
(d) Technical Standards. The technical standards used in the operation of the
Cable System shall comply, at minimum,with the technical standards promulgated by the
FCC relating to Cable Systems pursuant to Title 47, Section 76, Subpart K of the Code of
Federal Regulations, as may be amended or modified from time to time,which
regulations are expressly incorporated herein by reference. The Cable System shall be
installed and maintained in accordance with standard good engineering practices and
shall conform with the National Electrical Safety Code and all other Applicable Laws
governing the construction of the Cable System.
5.5 Performance Testing. Grantee shall perform all system tests at the intervals
required by the FCC, and all other tests reasonably necessary to determine compliance with
technical standards required by this Franchise. These tests shall include, at a minimum:
(a) Initial proof of performance for any construction;
(b) Semi-annual compliance tests;
(c) Tests in response to Subscriber complaints;
(d) Tests requested by the City to demonstrate franchise compliance; and
(e) Written records of all system test results performed by or for Grantee shall
be maintained, and shall be available for City inspection upon request.
15
2032276v1
5.6 Special Testing.
(a) Throughout the term of this Franchise, City shall have the right to inspect
all construction or installation work performed pursuant to the provisions of the
Franchise. In addition, City may require special testing of a location or locations within
the System if there is a particular matter of controversy or unresolved complaints
regarding such construction or installation work or pertaining to such location(s).
Demand for such special tests may be made on the basis of complaints received or other
evidence indicating an unresolved controversy or noncompliance. Such tests shall be
limited to the particular matter in controversy or unresolved complaints. City shall
endeavor to so arrange its request for such special testing so as to minimize hardship or
inconvenience to Grantee or to the Subscribers caused by such testing.
(b) Before ordering such tests, Grantee shall be afforded thirty(30)Days
following receipt of written notice to investigate and, if necessary, correct problems or
complaints upon which tests were ordered. City shall meet with Grantee prior to
requiring special tests to discuss the need for such and, if possible,visually inspect those
locations which are the focus of concern. If, after such meetings and inspections, City
wishes to commence special tests and the thirty(30)Days have elapsed without
correction of the matter in controversy or unresolved complaints,the tests shall be
conducted at Grantee's expense by Grantee's qualified engineer. The City shall have a
right to participate in such testing by having an engineer of City's choosing, and at City's
expense, observe and monitor said testing.
SECTION 6
PROGRAMMING AND SERVICES
6.1 Categories of Programming Service. Grantee shall provide video programming
services in at least the following broad categories:
Local Broadcast(subject to federal carriage requirements)
Public Broadcast
News and Information
Sports
General Entertainment
Arts/Performance/Humanities
Science/Technology
Children/Family/Seniors
Foreign Language/Ethnic Programming
Public, Educational and Governmental Access Programming (to the extent required by
the Franchise)
Movies
Leased Access
6.2 Changes in Programming Services. Grantee shall not delete or so limit as to
effectively delete any broad category of programming within its control without the City's
consent. Further, Grantee shall provide at least thirty(30)Days' prior written notice to
16
2032276v1
(0- 1q
Subscribers and to the City of Grantee's request to effectively delete any broad category of
programming or any Channel within its control, including all proposed changes in bandwidth or
Channel allocation and any assignments including any new equipment requirements that may
occur as a result of these changes.
6.3 Parental Control Device. Upon request by any Subscriber, Grantee shall make
available for sale or lease a parental control or lockout device that will enable the Subscriber to
block all access to any and all Channels without affecting those not blocked. Grantee shall
inform Subscribers of the availability of the lockout device at the time of original subscription
and annually thereafter.
6.4 FCC Reports. The results of any tests required to be filed by Grantee with the
FCC shall also be copied to City within ten(10)Days of the conduct of the date of the tests.
6.5 Annexation. Unless otherwise provided by Applicable Law, including the City
Code,upon the annexation of any additional land area by City,the annexed area shall thereafter
be subject to all the terms of this Franchise upon sixty(60)Days written notification to Grantee
of the annexation by City. Unless otherwise required by Applicable Laws,nothing herein shall
require the Grantee to expand its Cable System to serve, or to offer Cable Service to any area
annexed by the City if such area is then served by another Wireline MVPD franchised to provide
multichannel video programming.
6.6 Line Extension.
(a) Grantee shall construct and operate its Cable System so as to provide
Cable Service within the Franchise Area where there exists a density equivalent of seven
(7)dwelling units per one-quarter(1/4)mile of feeder cable as measured from the nearest
active plant of the Cable System if the extension is to be constructed using aerial plant,
and nine(9)dwelling units per one-quarter(1/4)mile of feeder cable as measured from
the nearest active plant if the extension is to be constructed using underground plant. The
City,for its part, shall endeavor to exercise reasonable efforts to require developers and
utility companies to provide the Grantee with at least fifteen(15)Days advance notice of
an available open trench for the placement of necessary cable.
(b) Where the density is less than that specified above, Grantee shall inform
Persons requesting Service of the possibility of paying for installation or a line extension
and shall offer to provide them with a free written estimate of the cost,which shall be
provided within fifteen(15)working days of such a request. Grantee may offer the
Persons requesting Service the opportunity to"prepay" some or all of the necessary line
extensions according to its regular business policies. Grantee shall at all times implement
such line extension policy in a nondiscriminatory manner throughout the City.
(c) Any residential unit located within one-hundred twenty-five(125)feet
from the nearest point of access on the Street from which the Cable System is designed to
serve the site shall be connected to the Cable System at no charge other than the standard
installation charge. Grantee shall,upon request by any potential Subscriber residing in
City beyond the one hundred twenty-five(125)foot limit, extend service to such
17
2032276v1
Subscriber provided that the Subscriber shall pay the net additional Drop costs,unless the
Grantee agrees to waive said costs. To the extent consistent with Applicable Laws,
Grantee agrees that it shall impose installation costs for non-standard installations in a
uniform and nondiscriminatory manner throughout the City.
6.7 Nonvoice Return Capability. Grantee is required to use cable and associated
electronics having the technical capacity for nonvoice return communications.
SECTION 7
PUBLIC,EDUCATIONAL AND GOVERNMENTAL ACCESS
7.1 Number of PEG Access Channels. Grantee will maintain four(4)PEG Access
Channels for the first twelve(12)months of the Franchise term. Twelve (12)months after the
Effective Date of the Franchise,the City shall be entitled to only three (3)PEG Access Channels.
7.2 Analog,Digital and HD PEG Carriage Requirements. Grantee shall provide
the Access Channels on the most basic tier of service offered by Grantee in accordance with the
Cable Act, Section 611, and as further set forth in this Section 7. At such time as Grantee no
longer offers Basic Cable Service in an analog format, Grantee shall carry all PEG Access
Channels in a standard digital format in Grantee's Basic Cable Service package,unless the
parties agree to an earlier conversion date. Thereafter, and upon ninety(90) days' notice from
the City, Grantee shall make one(1) of the three(3)PEG Access Channels available in high
definition(HD)format,provided that Grantee receives a satisfactory HD signal from the
program originator.
(a) The City acknowledges that receipt of an HD format Access Channel may
require Subscribers to buy or lease special equipment, or pay additional HD charges
applicable to all HD services.
(b) All Access Channels may be delivered by City to Grantee in either analog
or standard digital format.
(c) Within twelve(12)months of the Effective Date, and with at least one
hundred twenty(120)Day written notice to Grantee,the City may provide PEG Access
Channels in only HD format to the demarcation point to provide the signal to Grantee,
and as such the City will no longer provide the PEG Access Channels in a standard
definition digital format. Grantee shall provide all necessary transmission equipment
from the demarcation point and throughout Grantee's distribution system, in order to
deliver the PEG Access Channels. Access Channel signals delivered in HD format to
Grantee shall not require Grantee to deliver such HD signals to Subscribers except as set
forth herein.
7.3 Existing PEG Studio and Playback. Within thirty(30)Days of the Effective
Date, Grantee shall have no further obligation to maintain Grantee's public access studio located
in Eden Prairie("Studio"). Grantee shall maintain all public access and educational access
playback equipment and playback staff at the Studio for twelve(12)months from the Effective
Date("Transition Period").
18
2032276v1
I
7.4 Existing PEG Equipment Transfer. Grantee will transfer all existing PEG
equipment, racks, lights, facilities,etc. currently in use at the Studio to the Commission. Timing
for the equipment transfer will occur within sixty(60)days following close of the Studio and the
equipment transfer for playback will occur shortly after the Transition Period is completed.
7.5 Control of PEG Channels. The control and administration of the Access
Channels shall rest with the City and the City may delegate, from time to time over the term of
this Franchise, such control and administration to various entities as determined in City's sole
discretion.
7.6 Transmission of Access Channels. Access Channels may be used for
transmission of non-video signals in compliance with Applicable Laws. This may include
downstream transmission of data using a protocol such as TCP/IP or current industry standards.
Should Grantee develop the capability to provide bi-directional data transmission, spectrum
capacity shall be sufficient to allow Subscribers to transmit data to PEG facilities.
7.7 Access Channel Locations.
(a) Access Channels shall be carried on the Basic Cable Service tier to the
extent required by Applicable Law and as set forth in Section 7.2 herein. Nothing herein
precludes the Grantee from charging for equipment needed for Basic Cable Service.
Grantee shall make every reasonable effort to coordinate the cablecasting of PEG access
programming on the Cable System on the same Channel designations as such
programming is currently cablecast within the City. In no event shall any Access
Channel reallocations be made prior to ninety(90) Days written notice to the City by
Grantee, except for circumstances beyond Grantee's reasonable control. The Access
Channels will be located within reasonable proximity to other commercial video or
broadcast Channels, excluding pay-per-view programming offered by Grantee in the
City.
(b) Grantee agrees not to encrypt the Access Channels differently than other
commercial Channels available on the Cable System.
(c) In conjunction with any occurrence of any Access Channel(s)relocation,
Grantee shall provide a minimum of Nine Thousand Dollars ($9,000) of in-kind air time
per event on advertiser supported Channels (e.g.USA, TNT, TBS, Discovery Channel,or
other comparable Channels)for the purpose of airing City's, or its designees',pre-
produced thirty(30) second announcement explaining the change in location.
7.8 Navigation to Access Channels. Grantee agrees that if it utilizes a visual
interface under its control on its Cable System for all Channels,the Access Channels shall be
treated in a non-discriminatory fashion consistent with Applicable Laws so that Subscribers will
have ready access to Access Channels. This shall not be construed to require Grantee to pay any
third party fees that may result from this obligation.
7.9 Ownership of Access Channels. Grantee does not relinquish its ownership of or
ultimate right of control over a Channel by designating it for PEG use. A PEG access user—
whether an individual, educational or governmental user—acquires no property or other interest
19
2032276v1
by virtue of the use of a Channel position so designated. Grantee shall not exercise editorial
control over any public, educational, or governmental use of a Channel position,except Grantee
may refuse to transmit any public access program or portion of a public access program that
contains obscenity, indecency, or nudity in violation of Applicable Law.
7.10 Noncommercial Use of PEG. Permitted noncommercial uses of the Access
Channels shall include by way of example and not limitation: (1)the identification of financial
supporters similar to what is provided on public broadcasting stations; or(2)the solicitation of
fmancial support for the provision of PEG programming by the City or third party users for
charitable, educational or governmental purposes; or(3)programming offered by accredited,
non-profit, educational institutions which may,for example, offer telecourses over a Access
Channel.
7.11 Dedicated Fiber Return Lines. Grantee will maintain all existing fiber paths in
place as of the Effective Date to facilitate PEG origination/return capacity in the City. Such fiber
returns paths are listed in Exhibit B attached hereto. Grantee shall not be responsible for fiber
"replacement"but will handle any damage and all maintenance on the existing fiber. Grantee
anticipates,but cannot guarantee,that that this will result in minimal fiber expenditures by the
City over the Franchise term.
7.12 Interconnection. To the extent technically feasible, Grantee will allow necessary
interconnection with any newly constructed City and school fiber for noncommercial
programming to be promoted and administered by the City as allowed under Applicable Laws
and at no additional cost to the City or schools. This may be accomplished through a patch panel
or other similar facility and each party will be responsible for the fiber on their respective sides
of the demarcation point. Grantee reserves its right to review on a case-by-case basis the
technical feasibility of the proposed interconnection. Based on this review Grantee may
condition the interconnection on the reasonable reimbursement of Grantee's incremental costs,
with no markup for profit,to recoup Grantee's construction costs only. In no event will Grantee
impose any type of recurring fee for said interconnection.
7.13 Ancillary Equipment. Any ancillary equipment operated by Grantee for the
benefit of PEG Access Channels on Grantee's fiber paths or Cable System,whether referred to
switchers,routers or other equipment,will be maintained by Grantee, at no cost to the City or
schools for the life of the Franchise. Grantee is responsible for any ancillary equipment on its
side of the demarcation point and the City or school is responsible for all other
production/playback equipment.
7.14 Future Fiber Return Lines for PEG. At such time that the City determines:
(a) that the City desires the capacity to allow Subscribers in the City to
receive PEG programming(video or character generated)which may originate from
schools, City facilities, other government facilities or other designated facilities(other
than those indicated in paragraph 10); or
(b) that the City desires to establish or change a location from which PEG
programming is originated; or
20
2032276v1
(c) that the City desires to upgrade the Connection to Grantee from an
existing signal point of origination,
the City will give Grantee written notice detailing the point of origination and the capability
sought by the City. Grantee agrees to submit a cost estimate to implement the City's plan within
a reasonable period of time but not later than September 1St in the year proceeding the request for
any costs exceeding Twenty-five Thousand and No/100 Dollars ($25,000). The cost estimate
will be on a time and materials basis with no additional markup. After an agreement to
reimburse Grantee for Grantee's out of pocket time and material costs, Grantee will implement
any necessary Cable System changes within a reasonable period of time. Nothing herein
prevents the City, or a private contractor retained by the City, from constructing said return fiber.
7.15 Access Channel Carriage.
(a) Any and all costs associated with any modification of the Access Channels
or signals after the Access Channels/signals leave the City's designated playback
facilities, or any designated playback center authorized by the City shall be borne entirely
by Grantee. Grantee shall not cause any programming to override PEG programming on
any Access Channel, except by oral or written permission from the City,with the
exception of emergency alert signals.
(b) The City may request and Grantee shall provide an additional Access
Channel when the cumulative time on all the existing Access Channels combined meets
the following standard: whenever one of the Access Channels in use during eighty
percent(80%) of the weekdays, Monday through Friday, for eighty percent(80%) of the
time during a consecutive three (3)hour period for six(6)weeks running,and there is a
demand for use of an additional Channel for the same purpose,the Grantee has six(6)
months in which to provide a new, Access Channel for the same purpose;provided that,
the provision of the additional Channel or Channels does not require the Cable System to
install Converters.
(c) The VHF spectrum shall be used for one(1) of the public,educational,or
governmental specially designated Access Channels.
(d) The City or its designee shall be responsible for developing,
implementing, interpreting and enforcing rules for PEG Access Channel use.
(e) The Grantee shall monitor the Access Channels for technical quality to
ensure that they meet FCC technical standards including those applicable to the carriage
of Access Channels,provided however, that the Grantee is not responsible for the
production quality of PEG programming productions. The City, or its designee, shall be
responsible for the production and quality of all PEG access programming. Grantee shall
carry all components of the standard definition of Access Channel including,but not
limited to, closed captioning, stereo audio and other elements associated with the
programming.
21
2032276v1
lQ°2 )
7.16 Access Channel Support.
(a) Within thirty(30) days of the Effective Date of this Franchise Grantee
shall remit to the Commission a one-time Two Hundred Thousand and No/100 Dollar
($200,000) grant in support of PEG capital purposes("PEG Grant"). Comcast retains all
legal authority it may possess to recover the PEG Grant from Subscribers in any manner
permitted by Applicable Law.
(b) Upon the Effective Date of this Franchise, Grantee shall also collect and
remit to the City Sixty cents(60¢)per Subscriber per month in support of PEG capital
("PEG Fee").
(c) During the twelve(12)months following the Effective Date, Grantee shall
retain Thirteen cents (13¢) of the Sixty cent(60¢) PEG Fee to reimburse Grantee for the
costs associated with maintaining staff, equipment and space at the Studio to handle the
public and educational playback obligations for the Transition Period. This will result in
the City receiving a Forty-seven cent(470)PEG Fee for the first twelve (12)months of
the Franchise. Thereafter the PEG Fee will revert to the Sixty cent(60¢) level for the
remainder of the ten(10)year Franchise term—subject to the one-time inflation
adjustment set forth in Section 7.16 (d)below.
(d) At the fifth(5th)anniversary of the Effective Date of this Franchise,the
City,at its discretion,may require Grantee to increase the PEG Fee to Sixty-five cents
(650)per Subscriber per month for the remaining term of the Franchise. The PEG Fee
shall be used by City in its sole discretion to fund PEG access capital expenditures.
(e) Neither the PEG Grant nor the PEG Fee are intended to represent part of
the Franchise Fee and are intended to fall within one (1) or more of the exceptions in 47
U.S.C. § 542. The PEG Grant and PEG Fee may be categorized, itemized, and passed
through to Subscribers as permissible,in accordance with 47 U.S.C. §542 or other
Applicable Laws. Grantee shall pay the PEG Fee to the City quarterly at the same time
as the payment of Franchise Fees under Section 16.1 of the Franchise. Grantee agrees
that it will not offset or reduce its payment of past,present or future Franchise Fees
required as a result of its obligation to remit the PEG Funds or the PEG Fee.
(f) Any PEG Access capital support amounts owing pursuant to this
Franchise which remain unpaid more than twenty-five(25) Days after the date the
payment is due shall be delinquent and shall thereafter accrue interest at twelve percent
(12%)per annum or the prime lending rate published by the Wall Street Journal on the
Day the payment was due plus two percent(2%), whichever is greater.
7.17 PEG Technical Quality.
(a) Grantee shall not be required to carry a PEG Access Channel in a higher
quality format than that of the Channel Signal delivered to Grantee,but Grantee shall not
implement a change in the method of delivery of Access Channels that results in a
material degradation of signal quality or impairment of viewer reception of Access
Channels,provided that this requirement shall not prohibit Grantee from implementing
22
2032276v1
(g 'as
new technologies also utilized for commercial Channels carried on its Cable System.
Grantee shall meet FCC signal quality standards when offering Access Channels on its
Cable System and shall continue to comply with closed captioning pass-through
requirements. There shall be no significant deterioration in an Access Channels signal
from the point of origination upstream to the point of reception downstream on the Cable
System.
(b) Within twenty-four(24)hours of a written request from City to the
Grantee identifying a technical problem with a Access Channel and requesting assistance,
Grantee will provide technical assistance or diagnostic services to determine whether or
not a problem with a PEG signal is the result of matters for which Grantee is responsible
and if so, Grantee will take prompt corrective action. If the problem persists and there is
a dispute about the cause,then the parties shall meet with engineering representation
from Grantee and the City in order to determine the course of action to remedy the
problem.
7.18 Access Channel Promotion. Grantee shall allow the City to place bill stuffers in
Grantee's Subscriber statements at a cost to the City not to exceed Grantee's out of pocket cost,
no less frequently than twice per year, or at such time as a Access Channel is moved or relocated,
upon the written request of the City and at such times that the placement of such materials would
not materially and adversely affect Grantee's cost for the production and mailing of such
statements. The City agrees to pay Grantee in advance for the actual cost of such bill stuffers.
7.19 Change in Technology. In the event Grantee makes any change in the Cable
System and related equipment and facilities or in its signal delivery technology,which requires
the City to obtain new equipment in order to be compatible with such change for purposes of
transport and delivery of the Access Channels, Grantee shall, at its own expense and free of
charge to City or its designated entities,purchase such equipment as may be necessary to
facilitate the cablecasting of the Access Channels in accordance with the requirements of the
Franchise.
7.20 Relocation of Grantee's Headend. In the event Grantee relocates its headend,
Grantee will be responsible for replacing or restoring the existing dedicated fiber connections at
Grantee's cost so that all the functions and capacity remain available, operate reliably and satisfy
all applicable technical standards and related obligations of the Franchise free of charge to the
City or its designated entities.
7.21 Regional Channel Six. Grantee shall make available Regional Channel Six as
long as it is required to do so by the State of Minnesota.
7.22 Government Access Channel Functionality. Grantee agrees to provide the
capability such that the City, from its City Hall, can switch its government Access Channel in the
following ways:
(a) Insert live Council meetings from City Hall;
(b) Replay government access programming from City Hall; and
23
2032276v1
(p- (P
(c) Transmit character generated programming.
(d) Schedule for Grantee to replay City-provided tapes in pre-arranged time
slot on the government Access Channel; and
(e) Switch to C-SPAN 2 or other comparable programming provided by the
Grantee at any time when not carrying live or taped government access programming.
7.23 Compliance with Minnesota Statutes Chapter 238. In addition to the
requirements contained in this Section 7 of this Franchise, Grantee and City shall comply with
the PEG requirements mandated by Minn. Stat. 238.084.
SECTION 8
REGULATORY PROVISIONS.
8.1 Intent. The City shall have the right to administer and regulate activities under
the Franchise up to the full extent permitted by Applicable Law.
8.2 Delegation of Authority to Regulate. The City reserves the right to delegate its
regulatory authority wholly or in part to agents of the City, including,but not limited to, an
agency which may be formed to regulate several franchises in the region in a manner consistent
with Applicable Laws. This may include but shall not be limited to the Commission or other
entity as City may determine in its sole discretion. Any existing delegation in place at the time
of the grant of this Franchise shall remain intact unless expressly modified by City.
8.3 Areas of Administrative Authority. In addition to any other regulatory
authority granted to the City by law or franchise,the City shall have administrative authority in
the following areas:
(a) Administering and enforcing the provisions of this Franchise, including
the adoption of administrative rules and regulations to carry out this responsibility.
(b) Coordinating the operation of Access Channels.
(c) Formulating and recommending long-range cable communications policy
for the Franchise Area.
(d) Disbursing and utilizing Franchise revenues paid to the City.
(e) Administering the regulation of rates,to the extent permitted by
Applicable Law.
(f) All other regulatory authority permitted under Applicable Law.
The City or its designee shall have continuing regulatory jurisdiction and supervision over the
System and the Grantee's operations under the Franchise to the extent allowed by Applicable
Law.
24
2032276v1
lo er7
8.4 Regulation of Rates and Charges.
(a) Right to Regulate. The City reserves the right to regulate rates or charges
for any Cable Service within the limits of Applicable Law,to enforce rate regulations
prescribed by the FCC, and to establish procedures for said regulation or enforcement.
(b) Notice of Change in Rates and Charges. Throughout the term of this
Franchise, Grantee shall give the City and all Subscribers within the City at least thirty
(30)Days' notice of any intended modifications or additions to Subscriber rates or
charges.Nothing in this Subsection shall be construed to prohibit the reduction or
waiving of rates or charges in conjunction with promotional campaigns for the purpose of
attracting Subscribers or users.
(c) Rate Discrimination Prohibited. Within any category of Subscribers,
Grantee shall not discriminate among Subscribers with regard to rates and charges made
for any service based on considerations of race, color, creed, sex,marital or economic
status,national origin, sexual preference, or(except as allowed by Applicable Law)
neighborhood of residence, except as otherwise provided herein; and for purposes of
setting rates and charges,no categorization of Subscribers shall be made by Grantee on
the basis of those considerations.Nevertheless, Grantee shall be permitted to establish(1)
discounted rates and charges for providing Cable Service to low-income,handicapped, or
low-income elderly Subscribers, (2)promotional rates, and(3)bulk rate and package
discount pricing.
SECTION 9
BOND.
9.1 Performance Bond. Upon the Effective Date of this Franchise and at all times
thereafter Grantee shall maintain with City a bond in the sum of One Hundred Thousand Dollars
($100,000.00)in such form and with such sureties as shall be acceptable to City,conditioned
upon the faithful performance by Grantee of this Franchise and the acceptance hereof given by
City and upon the further condition that in the event Grantee shall fail to comply with any law,
ordinance or regulation,there shall be recoverable jointly and severally from the principal and
surety of the bond, any damages or losses suffered by City as a result, including the full amount
of any compensation, indemnification or cost of removal of any property of Grantee,including a
reasonable allowance for attorneys' fees and costs (with interest at two (2%)percent in excess of
the then prime rate),up to the full amount of the bond, and which bond shall further guarantee
payment by Grantee of all claims and liens against City or any,public property, and taxes due to
City,which arise by reason of the construction, operation,maintenance or use of the Cable
System.
9.2 Rights. The rights reserved by City with respect to the bond are in addition to all
other rights the City may have under this Franchise or any other law.
9.3 Reduction of Bond Amount. City may, in its sole discretion,reduce the amount
of the bond.
25
2032276v1
SECTION 10
SECURITY FUND
10.1 Security Fund. If there is an uncured breach by Grantee of a material provision
of this Franchise or a pattern of repeated violations of any provision(s)of this Franchise,then
Grantee shall,upon written request, establish and provide to the City, as security for the faithful
performance by Grantee of all of the provisions of this Franchise, a letter of credit from a
fmancial institution satisfactory to the City in the amount of Twenty Thousand and No/100
Dollars ($20,000.00). In no event shall Grantee fail to post a Twenty Thousand and No/100
Dollar($20,000.00)letter of credit within thirty(30) days receipt of a notice of franchise
violation pursuant to this Section 10.1. Failure to post said letter of credit shall constitute a
separate material violation of this Franchise,unless the breach is cured within such thirty(30)
Day period or longer period allowed under the Franchise. The letter of credit shall serve as a
common security fund for the faithful performance by Grantee of all the provisions of this
Franchise and compliance with all orders,permits and directions of the City and the payment by
Grantee of any claim,liens, costs, expenses and taxes due the City which arise by reason of the
construction, operation or maintenance of the Cable System. Interest on this deposit shall be paid
to Grantee by the bank on an annual basis. The security may be terminated by the Grantee upon
the resolution of the alleged noncompliance. The obligation to establish the security fund
required by this paragraph is unconditional. The fund must be established in those circumstances
where Grantee disputes the allegation that it is not in compliance, and maintained for the
duration of the dispute. If Grantee fails to establish the security fund as required,the City may
take whatever action is appropriate to require the establishment of that fund and may recover its
costs,reasonable attorneys' fees, and an additional penalty of Two Thousand Dollars ($2,000)in
that action.
10.2 Withdrawal of Funds. Provision shall be made to permit the City to withdraw
funds from the security fund. Grantee shall not use the security fund for other purposes and shall
not assign,pledge or otherwise use this security fund as security for any purpose.
10.3 Restoration of Funds. Within ten(10) Days after notice to it that any amount
has been withdrawn by the City from the security fund pursuant to 10.4 of this section, Grantee
shall deposit a sum of money sufficient to restore such security fund to the required amount.
10.4 Liquidated Damages. In addition to recovery of any monies owed by Grantee to
City or damages to City as a result of any acts or omissions by Grantee pursuant to the Franchise,
City in its sole discretion may charge to and collect from the security fund the following
liquidated damages:
(a) For failure to provide data, documents,reports or information or to
cooperate with City during an application process or System review,the liquidated
damage shall be One Hundred Dollars($100.00)per Day for each Day, or part thereof,
such failure occurs or continues.
(b) For failure to comply with any of the provisions of this Franchise for
which a penalty is not otherwise specifically provided pursuant to this Paragraph 10.4,
26
2032276v1
(o-SCI
the liquidated damage shall be One Hundred Fifty Dollars($150.00)per Day for each
Day, or part thereof, such failure occurs or continues.
(c) For failure to test, analyze and report on the performance of the System
following a request by City,the liquidated damage shall be Two Hundred Fifty Dollars
($250.00)per Day for each Day, or part thereof, such failure occurs or continues.
(d) Forty-five Days following notice from City of a failure of Grantee to
comply with construction, operation or maintenance standards,the liquidated damage
shall be Two Hundred Dollars($200.00)per Day for each Day, or part thereof, such
failure occurs or continues.
(e) For failure to provide the services Grantee has proposed, including but not
limited to the implementation and the utilization of the Access Channels the liquidated
damage shall be One Hundred Fifty($150.00)per Day for each Day, or part thereof, such
failure occurs or continues.
10.5 Each Violation a Separate Violation. Each violation of any provision of this
Franchise shall be considered a separate violation for which separate liquidated damages can be
imposed.
10.6 Maximum 120 Days. Any liquidated damages for any given violation shall be
imposed upon Grantee for a maximum of one hundred twenty(120)Days. If after that amount
of time Grantee has not cured or commenced to cure the alleged breach to the satisfaction of the
City,the City may pursue all other remedies.
10.7 Withdrawal of Funds to Pay Taxes. If Grantee fails to pay to the City any taxes
due and unpaid; or fails to repay to the City, any damages, costs or expenses which the City shall
be compelled to pay by reason of any act or default of the Grantee in connection with this
Franchise; or fails, after thirty(30)Days notice of such failure by the City to comply with any
provision of the Franchise which the City reasonably determines can be remedied by an
expenditure of the security,the City may then withdraw such funds from the security fund.
Payments are not Franchise Fees as defined in Section 16 of this Franchise.
10.8 Procedure for Draw on Security Fund. Whenever the City fmds that Grantee
has allegedly violated one(1) or more terms, conditions or provisions of this Franchise, a written
notice shall be given to Grantee. The written notice shall describe in reasonable detail the alleged
violation so as to afford Grantee an opportunity to remedy the violation. Grantee shall have thirty
(30)Days subsequent to receipt of the notice in which to correct the violation before the City
may require Grantee to make payment of damages, and further to enforce payment of damages
through the security fund. Grantee may,within ten(10)Days of receipt of notice,notify the City
that there is a dispute as to whether a violation or failure has, in fact, occurred. Such notice by
Grantee shall specify with particularity the matters disputed by Grantee and shall stay the
running of the above-described time.
(a) City shall hear Grantee's dispute at the next regularly scheduled or
specially scheduled Council meeting. Grantee shall have the right to speak and introduce
evidence. The City shall determine if Grantee has committed a violation and shall make
27
2032276v1
written fmdings of fact relative to its determination. If a violation is found, Grantee may
petition for reconsideration.
(b) If after hearing the dispute,the claim is upheld by the City,then Grantee
shall have thirty(30) Days within which to remedy the violation before the City may
require payment of all liquidated damages due it.
10.9 Time for Correction of Violation. The time for Grantee to correct any alleged
violation may be extended by the City if the necessary action to collect the alleged violation is of
such a nature or character as to require more than thirty(30) Days within which to perform
provided Grantee commences corrective action within fifteen(15)Days and thereafter uses
reasonable diligence, as determined by the City,to correct the violation.
10.10 Grantee's Right to Pay Prior to Security Fund Draw. Grantee shall have the
opportunity to make prompt payment of any assessed liquidated damages and if Grantee fails to
promptly remit payment to the City,the City may resort to a draw from the security fund in
accordance with the terms of this Section 10 of the Franchise.
10.11 Failure to so Replenish Security Fund. If any security fund is not so replaced,
City may draw on said security fund for the whole amount thereof and hold the proceeds,
without interest, and use the proceeds to pay costs incurred by City in performing and paying for
any or all of the obligations, duties and responsibilities of Grantee under this Franchise that are
not performed or paid for by Grantee pursuant hereto, including attorneys' fees incurred by the
City in so performing and paying. The failure to so replace any security fund may also,at the
option of City,be deemed a default by Grantee under this Franchise. The drawing on the
security fund by City, and use of the money so obtained for payment or performance of the
obligations, duties and responsibilities of Grantee which are in default, shall not be a waiver or
release of such default.
10.12 Collection of Funds Not Exclusive Remedy. The collection by City of any
damages or monies from the security fund shall not affect any other right or remedy available to
City,nor shall any act, or failure to act,by City pursuant to the security fund,be deemed a
waiver of any right of City pursuant to this Franchise or otherwise. Notwithstanding this section,
however, should the City elect to impose liquidated damages,that remedy shall remain the City's
exclusive remedy for the one hundred twenty(120)Day period set forth in Section 10.6.
SECTION 11
DEFAULT
11.1 Basis for Default. City shall give written notice of default to Grantee if City,in
its sole discretion, determines that Grantee has:
(a) Violated any material provision of this Franchise or the acceptance hereto
or any rule, order,regulation or determination of the City, state or federal government,
not in conflict with this Franchise;
(b) Attempted to evade any provision of this Franchise or the acceptance
hereof;
28
2032276v1
V./3 I
(c) Practiced any fraud or deceit upon City or Subscribers;
(d) Made a material misrepresentation of fact in the application for or
negotiation of this Franchise; or
(e) Incurred a twelve(12)month or more delay in the construction schedule.
11.2 Default Procedure. If Grantee fails to cure such default within thirty(30)Days
after the giving of such notice(or if such default is of such a character as to require more than
thirty(30)Days within which to cure the same, and Grantee fails to commence to cure the same
within said thirty(30)Day period and thereafter fails to use reasonable diligence, in City's sole
opinion,to cure such default as soon as possible),then, and in any event, such default shall be a
substantial breach and City may elect to terminate the Franchise. The City may place the issue of
revocation and termination of this Franchise before the governing body of City at a regular
meeting. If City decides there is cause or reason to terminate,the following procedure shall be
followed:
(a) City shall provide Grantee with a written notice of the reason or cause for
proposed termination and shall allow Grantee a minimum of thirty(30)Days subsequent
to receipt of the notice in which to correct the default.
(b) Grantee shall be provided with an opportunity to be heard at a public
hearing prior to any decision to terminate this Franchise.
(c) If, after notice is given and an opportunity to cure, at Grantee's option, a
public hearing is held, and the City determines there was a violation,breach, failure,
refusal or neglect,the City may declare by resolution the Franchise revoked and of no
further force and effect unless there is compliance within such period as the City may fix,
such period may not be less than thirty(30)Days provided no opportunity for compliance
need be granted for fraud or misrepresentation.
11.3 Mediation. If the Grantee and City are unable to resolve a dispute through
informal negotiations during the period of thirty(30)Days following the submission of the claim
giving rise to the dispute by one(1)party to the other,then unless that claim has been waived as
provided in the Franchise, such claim may be subject to mediation if jointly agreed upon by both
parties. Unless the Grantee and City mutually agree otherwise, such mediation shall be in
accordance with the rules of the American Arbitration Association currently in effect at the time
of the mediation. A party seeking mediation shall file a request for mediation with the other
party to the Franchise and with the American Arbitration Association. The request may be made
simultaneously with the filing of a complaint,but, in such event,mediation shall proceed in
advance of legal proceedings only if the other party agrees to participate in mediation. Mutually
agreed upon Mediation shall stay other enforcement remedies of the parties for a period of ninety
(90)days from the date of filing,unless stayed for a longer period by agreement of the Grantee
and City. The Grantee and City shall each pay one-half of the mediator's fee and any filing fees.
The mediation shall be held in the City unless another location is mutually agreed upon.
Agreements reached in mediation shall be enforceable as a settlement agreement in any court
29
2032276v1
having jurisdiction thereof. Nothing herein shall serve to modify or on any way delay the
franchise enforcement process set forth in Section 10 of this Franchise.
11.4 Failure to Enforce. Grantee shall not be relieved of any of its obligations to
comply promptly with any provision of the Franchise by reason of any failure of the City to
enforce prompt compliance, and City's failure to enforce shall not constitute a waiver of rights or
acquiescence in Grantee's conduct.
11.5 Compliance with the Laws.
(a) If any federal or state law or regulation shall require or permit City or
Grantee to perform any service or act or shall prohibit City or Grantee from performing
any service or act which may be in conflict with the terms of this Franchise,then as soon
as possible following knowledge thereof, either party shall notify the other of the point in
conflict believed to exist between such law or regulation. Grantee and City shall conform
to state laws and rules regarding cable communications not later than one(1)year after
they become effective,unless otherwise stated, and shall conform to federal laws and
regulations regarding cable as they become effective.
(b) If any term, condition or provision of this Franchise or the application
thereof to any Person or circumstance shall,to any extent, be held to be invalid or
unenforceable,the remainder hereof and the application of such term, condition or
provision to Persons or circumstances other than those as to whom it shall be held invalid
or unenforceable shall not be affected thereby, and this Franchise and all the terms,
provisions and conditions hereof shall, in all other respects, continue to be effective and
complied with provided the loss of the invalid or unenforceable clause does not
substantially alter the agreement between the parties. In the event such law, rule or
regulation is subsequently repealed,rescinded, amended or otherwise changed so that the
provision which had been held invalid or modified is no longer in conflict with the law,
rules and regulations then in effect, said provision shall thereupon return to full force and
effect and shall thereafter be binding on Grantee and City.
SECTION 12
FORECLOSURE AND RECEIVERSHIP
12.1 Foreclosure. Upon the foreclosure or other judicial sale of the Cable System,
Grantee shall notify the City of such fact and such notification shall be treated as a notification
that a change in control of Grantee has taken place, and the provisions of this Franchise
governing the consent to transfer or change in ownership shall apply without regard to how such
transfer or change in ownership occurred.
12.2 Receivership. The City shall have the right to cancel this Franchise subject to any
applicable provisions of state law, including the Bankruptcy Act, one hundred twenty(120)Days
after the appointment of a receiver or trustee to take over and conduct the business of Grantee,
whether in receivership,reorganization,bankruptcy or other action or proceeding,unless such
receivership or trusteeship shall have been vacated prior to the expiration of said one hundred
twenty(120)Days, or unless:
30
2032276v1
- 33
(a) Within one hundred twenty(120)Days after his election or appointment,
such receiver or trustee shall have fully complied with all the provisions of this Franchise
and remedied all defaults thereunder; and,
(b) Such receiver or trustee, within said one hundred twenty(120)Days, shall
have executed an agreement, duly approved by the Court having jurisdiction in the
premises,whereby such receiver or trustee assumes and agrees to be bound by each and
every provision of this Franchise.
SECTION 13
REPORTING REQUIREMENTS
13.1 Quarterly Reports. Within forty-five (45) calendar days after the end of each
calendar quarter, Grantee shall submit to the City along with its Franchise Fee payment a report
showing the basis for computation of such fees prepared by an officer of Grantee showing the
basis for the computation of the Franchise Fees paid during that period in a form and substance
substantially equivalent to Exhibit C attached hereto. This report shall separately indicate
revenues received by Grantee within the City including,but not limited to such items as listed in
the definition of"Gross Revenues" at Section 1 of this Franchise.
13.2 Monitoring and Compliance Reports. Upon request,but no more than once a
year, Grantee shall provide a written report of any and all FCC technical performance tests for
the residential network required in FCC Rules and Regulations as now or hereinafter constituted.
In addition, Grantee shall provide City with copies of reports of the semi-annual test and
compliance procedures established by this Franchise no later than thirty(30)Days after the
completion of each series of tests.
13.3 Reports. Upon request of the City and in no event later than thirty(30)Days from
the date of receipt of such request, Grantee shall, free of charge,prepare and furnish to the City,
at the times and in the form prescribed, such additional reports with respect to its operation,
affairs,transactions, or property, as may be reasonably necessary to ensure compliance with the
terms of this Franchise. Grantee and City may in good faith agree upon taking into consideration
Grantee's need for the continuing confidentiality as prescribed herein. Neither City nor Grantee
shall unreasonably demand or withhold information requested pursuant with the terms of this
Franchise.
13.4 Communications with Regulatory Agencies.
(a) Upon written request, Grantee shall submit to City copies of any pleading,
applications,notifications, communications and documents of any kind, submitted
by Grantee or its Affiliates to any federal, State or local courts,regulatory
agencies and other government bodies if such documents directly relate to the
operations of Grantee `s Cable System within the Franchise Area. Grantee shall
submit such documents to City no later than thirty(30)Days after receipt of
City's request. Grantee shall not claim confidential,privileged or proprietary
rights to such documents unless under federal, State, or local law such documents
have been determined to be confidential by a court of competent jurisdiction, or a
31
2032276v1
31.)
federal or State agency. With respect to all other reports, documents and
notifications provided to any federal, State or local regulatory agency as a routine
matter in the due course of operating Grantee `s Cable System within the
Franchise Area, Grantee shall make such documents available to City upon City's
written request.
(b) In addition, Grantee and its Affiliates shall within ten(10)Days of any
communication to or from any judicial or regulatory agency regarding any alleged
or actual violation of this Franchise, City regulation or other requirement relating
to the System,use its best efforts to provide the City a copy of the
communication,whether specifically requested by the City to do so or not.
SECTION 14
CUSTOMER SERVICE POLICIES
14.1 Response to Customers and Cooperation with City. Grantee shall promptly
respond to all requests for service,repair, installation and information from Subscribers. Grantee
acknowledges the City's interest in the prompt resolution of all cable complaints and shall work
in close cooperation with the City to resolve complaints.
14.2 Defmition of"Complaint." For the purposes of Section 14,with the exception
of Subsection 14.5, a"complaint"shall mean any communication to Grantee or to the City by a
Subscriber or a Person who has requested Cable Service; a Person expressing dissatisfaction with
any service,performance, or lack thereof,by Grantee under the obligations of this Franchise.
14.3 Customer Service Agreement and Written Information. Grantee shall provide
to Subscribers a comprehensive service agreement and information in writing for use in
establishing Subscriber service. Written information shall, at a minimum, contain the following
information:
(a) Services to be provided and rates for such services.
(b) Billing procedures.
(c) Service termination procedure.
(d) Change in service notifications.
(e) Liability specifications.
(f) Converter/Subscriber terminal equipment policy.
(g) Breach of Franchise specification.
(h) How complaints are handled including Grantee's procedure for
investigation and resolution of Subscriber complaints.
32
2032276v1
ix - 35
(i) The name, address, and phone number of the Person identified by the City
as responsible for handling cable questions and complaints for the City. This information
shall be prominently displayed and Grantee shall submit the information to the City for
review and approval as to its content and placement on Subscriber billing statements. A
copy of the written information shall be provided to each Subscriber at the time of initial
Connection and any subsequent reconnection.
14.4 Reporting Complaints.
(a) The requirements of this Section 14.4 shall be subject to federal law
regarding Subscriber privacy. Grantee shall maintain all Subscriber data available
for City inspection. Subscriber data shall include the date,name, address,
telephone number of Subscriber complaints as well as the subject of the
complaint, date and type of action taken to resolve the complaint, any additional
action taken by Grantee or the Subscriber. The data shall be maintained in a way
that allows for simplified access of the data by the City.
(b) Subject to federal law and upon reasonable request by the City, Grantee
shall,within a reasonable amount of time,provide City with such Subscriber data
for its review.
14.5 Customer Service Standards. The City hereby adopts the customer service
standards set forth in Part 76, §76.309 of the FCC's rules and regulations, as amended. Grantee
shall,upon request,which request shall include the reason for the request(such as complaints
received or other reasonable evidence of concern),provide City with information which shall
describe in detail Grantee's compliance with each and every term and provision of this Section
14.5. Grantee shall comply in all respects with the customer service requirements established by
the FCC and those set forth herein. To the extent that this Franchise imposes requirements
greater than those established by the FCC, Grantee reserves whatever rights it may have to
recover the costs associated with compliance in any manner consistent with Applicable Law.
14.6 Local Office. Grantee shall maintain a convenient local customer service and bill
payment location for matters such as receiving Subscriber payments,handling billing questions,
equipment replacement and customer service information. Grantee shall comply with the
standards and requirements for customer service set forth below during the term of this
Franchise.
14.7 Cable System office hours and telephone availability.
(a) Grantee will maintain a local,toll-free or collect call telephone access line
which will be available to its Subscribers twenty-four(24)hours a Day, seven(7)Days a
week.
(i) Trained Grantee representatives will be available to respond to
customer telephone inquiries during Normal Business Hours.
(ii) After Normal Business Hours,the access line may be answered by
a service or an automated response system, including an answering machine.
33
2032276v1
if
Inquiries received after Normal Business Hours must be responded to by a trained
Grantee representative on the next business Day.
(b) Under Normal Operating Conditions,telephone answer time by a
customer representative, including wait time, shall not exceed thirty(30) seconds when
the connection is made. If the call needs to be transferred,transfer time shall not exceed
thirty(30) seconds. These standards shall be met no less than ninety percent(90%) of the
time under Normal Operating Conditions,measured on a quarterly basis.
(c) Grantee shall not be required to acquire equipment or perform surveys to
measure compliance with the telephone answering standards above unless an historical
record of complaints indicates a clear failure to comply.
(d) Under Normal Operating Conditions,the customer will receive a busy
signal less than three percent(3%)of the time.
(e) Customer service center and bill payment locations will be open at least
during Normal Business Hours and will be conveniently located.
14.8 Installations, Outages and Service Calls. Under Normal Operating Conditions,
each of the following standards will be met no less than ninety-five percent(95%) of the time
measured on a quarterly basis:
(a) Standard Installations will be performed within seven(7)business days
after an order has been placed. "Standard" Installations are those that are located up to
one hundred twenty-five (125)feet from the existing distribution system as more
specifically set forth in Section 6.6(c).
(b) Excluding conditions beyond the control of Grantee, Grantee will begin
working on"Service Interruptions"promptly and in no event later than twenty-four(24)
hours after the interruption becomes known. Grantee must begin actions to correct other
Service problems the next business Day after notification of the Service problem.
(c) The"appointment window" alternatives for Installations, Service calls,
and other Installation activities will be either a specific time or, at maximum,a four(4)
hour time block during Normal Business Hours. (Grantee may schedule Service calls and
other Installation activities outside of Normal Business Hours for the express
convenience of the customer.)
(d) Grantee may not cancel an appointment with a customer after the close of
business on the business Day prior to the scheduled appointment.
(e) If Grantee's representative is running late for an appointment with a
customer and will not be able to keep the appointment as scheduled, the customer will be
contacted. The appointment will be rescheduled, as necessary, at a time which is
convenient for the customer.
34
2032276v1
(p - 37
14.9 Communications between Grantee and Subscribers.
(a) Refunds. Refund checks will be issued promptly,but no later than either:
(i) The customer's next billing cycle following resolution of the
request or thirty(30)Days,whichever is earlier, or
(ii) The return of the equipment supplied by Grantee if Cable Service
is terminated.
(b) Credits. Credits for Cable Service will be issued no later than the
customer's next billing cycle following the determination that a credit is warranted.
14.10 Billing:
(a) Consistent with 47 C.F.R. § 76.1619,bills will be clear, concise and
understandable. Bills must be fully itemized,with itemizations including,but not limited
to,Basic Cable Service and premium Cable Service charges and equipment charges.
Bills will also clearly delineate all activity during the billing period,including optional
charges,rebates and credits.
(b) In case of a billing dispute, Grantee must respond to a written complaint
from a Subscriber within thirty(30) Days.
14.11 Subscriber Information. Grantee will provide written information on each of
the following areas at the time of Installation of Service, at least annually to all Subscribers, and
at any time upon request:
(a) Products and Services offered;
(b) Prices and options for programming services and conditions of
subscription to programming and other services;
(c) Installation and Service maintenance policies;
(d) Instructions on how to use the Cable Service;
(e) Channel positions of programming carried on the System; and
(f) Billing and complaint procedures, including the address and telephone
number of the City's cable office.
Subscribers shall be advised of the procedures for resolution of complaints about the
quality of the television signal delivered by Grantee,including the address of the responsible
officer of the City. Subscribers will be notified of any changes in rates,programming services or
Channel positions as soon as possible in writing. Notice must be given to Subscribers a
minimum of thirty(30)Days in advance of such changes if the change is within the control of
35
2032276v1
Grantee. In addition, Grantee shall notify Subscribers thirty(30)Days in advance of any
significant changes in the information required by this Section 14.11.
14.12 Notice or Rate Programming Change. In addition to the requirement of this
Section 14.12 regarding advance notification to Subscribers of any changes in rates,
programming services or Channel positions, Grantee shall give thirty(30) Days written notice to
both Subscribers and the City before implementing any rate or Service change. Such notice shall
state the precise amount of any rate change and briefly explain in readily understandable fashion
the cause of the rate change (e.g., inflation, change in external costs or the addition/deletion of
Channels). When the change involves the addition or deletion of Channels, each Channel added
or deleted must be separately identified. For purposes of the carriage of digital broadcast signals,
Grantee need only identify for Subscribers,the television signal added and not whether that
signal may be multiplexed during certain dayparts.
14.13 Subscriber Contracts. Grantee shall,upon written request,provide the City with
any standard form residential Subscriber contract utilized by Grantee. If no such written contract
exists, Grantee shall file with the City a document completely and concisely stating the length
and terms of the Subscriber contract offered to customers. The length and terms of any standard
form Subscriber contract(s) shall be available for public inspection during Normal Business
Hours. A list of Grantee's current Subscriber rates and charges for Cable Service shall be
maintained on file with City and shall be available for public inspection.
14.14 Refund Policy. If a Subscriber's Cable Service is interrupted or discontinued,
without cause, for twenty-four(24) or more consecutive hours, Grantee shall,upon request by
the Subscriber, credit such Subscriber pro rata for such interruption. For this purpose, every
month will be assumed to have thirty(30) Days.
14.15 Late Fees. Grantee shall comply with all applicable state and federal laws with
respect to any assessment, charge, cost, fee or sum,however characterized,that Grantee imposes
upon a Subscriber for late payment of a bill. The City reserves the right to enforce Grantee's
compliance with all Applicable Laws to the maximum extent legally permissible.
14.16 Disputes. All Subscribers and members of the general public may direct
complaints,regarding Grantee's Service or performance to the chief administrative officer of the
City or the chief administrative officer's designee,which may be a board or Commission of the
City.
14.17 Customer Bills. Customer bills shall be designed in such a way as to present the
information contained therein clearly and comprehensibly to Customers, and in a way that(A)is
not misleading and(B) does not omit material information.Notwithstanding anything to the
contrary in Section 14.10, above, Grantee may,in its sole discretion, consolidate costs on
Customer bills as may otherwise be permitted by Section 622(c) of the Cable Act(47 U.S.C.
§542(c)).
14.18 Failure to Resolve Complaints. Grantee shall resolve a complaint within thirty
(30)Days in a manner deemed reasonable by the City under the terms of the Franchise.
36
2032276v1
39,
14.19 Maintain a Complaint Phone Line. Grantee shall maintain a local or toll-free
telephone Subscriber complaint line, available to its Subscribers twenty-four(24)hours per Day,
seven(7)Days a week.
14.20 Notification of Complaint Procedure. Grantee shall have printed clearly and
prominently on each Subscriber bill and in the customer service agreement provided for in
Section 14.3, the twenty-four(24)hour Grantee phone number for Subscriber complaints.
Additionally, Grantee shall provide information to customers concerning the procedures to
follow when they are unsatisfied with measures taken by Grantee to remedy their complaint.
This information will include the phone number of the City office or Person designated to handle
complaints. Additionally, Grantee shall state that complaints should be made to Grantee prior to
contacting the City.
14.21 Subscriber Privacy.
(a) To the extent required by Minn. Stat. §238.084 Subd. 1(s) Grantee shall
comply with the following: No signals including signals of a Class IV Channel may be
transmitted from a Subscriber terminal for purposes of monitoring individual viewing
patterns or practices without the express written permission of the Subscriber. The
request for permission must be contained in a separate document with a prominent
statement that the Subscriber is authorizing the permission in full knowledge of its
provisions. Such written permission shall be for a limited period of time not to exceed
one(1)year which may be renewed at the option of the Subscriber. No penalty shall be
invoked for a Subscriber's failure to provide or renew such permission. The permission
shall be revocable at any time by the Subscriber without penalty of any kind whatsoever.
(b) No information or data obtained by monitoring transmission of a signal
from a Subscriber terminal, including but not limited to lists of the names and addresses
of Subscribers or any lists that identify the viewing habits of Subscribers shall be sold or
otherwise made available to any party other than to Grantee or its agents for Grantee's
business use,and also to the Subscriber subject of that information,unless Grantee has
received specific written permission from the Subscriber to make such data available.
The request for permission must be contained in a separate document with a prominent
statement that the Subscriber is authorizing the permission in full knowledge of its
provisions. Such written permission shall be for a limited period of time not to exceed
one(1)year which may be renewed at the option of the Subscriber. No penalty shall be
invoked for a Subscriber's failure to provide or renew such permission. The permission
shall be revocable at any time by the Subscriber without penalty of any kind whatsoever.
(c) Written permission from the Subscriber shall not be required for the
conducting of system wide or individually addressed electronic sweeps for the purpose of
verifying System integrity or monitoring for the purpose of billing. Confidentiality of
such information shall be subject to the provision set forth in subparagraph(b)of this
section.
37
2032276v1
(r- LID
14.22 Grantee Identification. Grantee shall provide all customer service technicians
and all other Grantee employees entering private property with appropriate picture identification
so that Grantee employees may be easily identified by the property owners and Subscribers.
SECTION 15
SUBSCRIBER PRACTICES
15.1 Subscriber Rates. There shall be no charge for disconnection of any installation
or outlet. If any Subscriber fails to pay a properly due monthly Subscriber fee, or any other
properly due fee or charge, Grantee may disconnect the Subscriber's service outlet,provided,
however,that such disconnection shall not be effected until after the later of: (i) forty-five(45)
Days after the original due date of said delinquent fee or charge; or(ii)ten(10) Days after
delivery to Subscriber of written notice of the intent to disconnect. If a Subscriber pays before
expiration of the later of(i) or(ii), Grantee shall not disconnect. After disconnection,upon
payment in full of the delinquent fee or charge and the payment of a reconnection charge,
Grantee shall promptly reinstate the Subscriber's Cable Service.
15.2 Refunds to Subscribers shall be made or determined in the following
manner:
(a) If Grantee fails,upon request by a Subscriber,to provide any service then
being offered, Grantee shall promptly refund all deposits or advance charges paid for the
service in question by said Subscriber. This provision does not alter Grantee's
responsibility to Subscribers under any separate contractual agreement or relieve Grantee
of any other liability.
(b) If any Subscriber terminates any monthly service because of failure of
Grantee to render the service in accordance with this Franchise, Grantee shall refund to
such Subscriber the proportionate share of the charges paid by the Subscriber for the
services not received. This provision does not relieve Grantee of liability established in
other provisions of this Franchise.
(c) If any Subscriber terminates any monthly service prior to the end of a
prepaid period, a proportionate amount of any prepaid Subscriber service fee,using the
number of days as a basis, shall be refunded to the Subscriber by Grantee.
SECTION 16
COMPENSATION AND FINANCIAL PROVISIONS.
16.1 Franchise Fees. During the term of the Franchise, Grantee shall pay to the City a
Franchise Fee of five percent(5%) of Gross Revenues. If any such law,regulation or valid rule
alters the five percent(5%)Franchise Fee ceiling enacted by the Cable Act,then the City shall
have the authority to (but shall not be required to) increase the Franchise Fee accordingly,
provided such increase is for purposes not inconsistent with Applicable Law. In the event
Grantee bundles or combines Cable Services(which are subject to the Franchise Fee)with non-
Cable Services (which are not subject to the Franchise Fee) so that Subscribers pay a single fee
for more than one(1) class of service resulting in a discount on Cable Services, Grantee agrees
that for the purpose of calculation of the Franchise Fee, it shall allocate to Cable Service revenue
38
2032276v1
to� Ii
no less than a pro rata share of the revenue received for the bundled or combined services. The
pro rata share shall be computed on the basis of the published charge for each service in the
bundled or combined classes of services when purchased separately.
(a) Franchise Fees shall be paid quarterly not later than forty-five(45)Days
following the end of a given quarter. In accordance with Section 16 of this Franchise,
Grantee shall file with the City a Franchise Fee payment worksheet, attached as Exhibit
C, signed by an authorized representative of Grantee,which identifies Gross Revenues
earned by Grantee during the period for which payment is made.No acceptance of any
payment shall be construed as an accord that the amount paid is, in fact,the correct
amount,nor shall such acceptance of payment be construed as a release of any claim
which the City may have for further or additional sums payable under the provisions of
this section.
(b) Neither current nor previously paid Franchise Fees shall be subtracted
from the Gross Revenue amount upon which Franchise Fees are calculated and due for
any period,unless otherwise required by Applicable Law.
(c) Any Franchise Fees owing pursuant to this Franchise which remain unpaid
more than forty-five (45) Days after the dates specified herein shall be delinquent and
shall thereafter accrue interest at twelve percent(12%)per annum or two percent(2%)
above prime lending rate as quoted by the Wall Street Journal,whichever is greater.
16.2 Auditing and Financial Records. Throughout the term of this Franchise,the
Grantee agrees that the City,upon reasonable prior written notice of twenty(20)Days to the
Grantee,may review such of the Grantee's books and records regarding the operation of the
Cable System and the provision of Cable Service in the Franchise Area which are reasonably
necessary to monitor and enforce Grantee's compliance with the provisions of this Franchise.
Grantee shall provide such requested information as soon as possible and in no event more than
thirty(30)Days unless Grantee explains that it is not feasible to meet this timeline and provides
a written explanation for the delay and an estimated reasonable date for when such information
will be provided. All such documents pertaining to financial matters that may be the subject of
an inspection by the City shall be retained by the Grantee for a minimum period of seven(7)
years,pursuant to Minnesota Statutes Section 541.05. The Grantee shall not deny the City
access to any of the Grantee's records on the basis that the Grantee's records are under the
control of any parent corporation,Affiliated entity or a third party. The City may request in
writing copies of any such records or books that are reasonably necessary, and the Grantee shall
provide such copies within thirty(30)Days of the receipt of such request. One(1) copy of all
reports and records required under this or any other section shall be furnished to the City at the
sole expense of the Grantee. If the requested books and records are too voluminous, or for
security reasons cannot be copied or removed,then the Grantee may request, in writing within
ten(10)Days of receipt of such request,that the City inspect them at the Grantee's local offices
or at one of Grantee's offices more convenient to City or its duly authorized agent. If any books
or records of the Grantee are not kept in such office and not made available in copies to the City
upon written request as set forth above, and if the City determines that an examination of such
records is necessary for the enforcement of this Franchise,then all reasonable travel expenses
incurred in making such examination shall be paid by the Grantee.
39
2032276v1
16.3 Review of Record Keeping Methodology. Grantee agrees to meet with
representative of the City upon request to review its methodology of record-keeping, financial
reporting, computing Franchise Fee obligations,and other procedures the understanding of
which the City deems necessary for understanding the meaning of reports and records.
16.4 Audit of Records. The City or its authorized agent may at any time and at the
City's own expense conduct an independent audit of the revenues of Grantee in order to verify
the accuracy of Franchise Fees paid to the City. Grantee and each parent company of Grantee
shall cooperate fully in the conduct of such audit. In the event it is determined through such audit
that Grantee has underpaid Franchise Fees in an amount of five percent(5%)or more than was
due the City,then Grantee shall reimburse the City for the entire cost of the audit within thirty
(30)days of the completion and acceptance of the audit by the City.
16.5 Records to be reviewed. The City agrees to request access to only those books
and records, in exercising its rights under this section,which it deems reasonably necessary for
the enforcement and administration of the Franchise.
16.6 Indemnification by Grantee. Grantee shall, at its sole expense, fully indemnify,
defend and hold harmless the City,and in their capacity as such,the officers and employees
thereof, from and against any and all claims, suits, actions, liability and judgments for damage or
otherwise except those arising wholly from negligence on the part of the City or its employees;
for actual or alleged injury to persons or property, including loss of use of property due to an
occurrence,whether or not such property is physically damaged or destroyed, in any way arising
out of or through or alleged to arise out of or through the acts or omissions of Grantee or its
officers, agents,employees, or contractors or to which Grantee's or its officers, agents,
employees or contractors acts or omissions in any way contribute, and whether or not such acts
or omissions were authorized or contemplated by this Franchise or Applicable Law; arising out
of. or alleged to arise out of any claim for damages for Grantee's invasion of the right of privacy,
defamation of any Person, firm or corporation,or the violation of infringement of any copyright,
trademark,trade name, service mark or patent, or of any other right of any Person, firm or
corporation; arising out of or alleged to arise out of Grantee's failure to comply with the
provisions of any Applicable Law.Nothing herein shall be deemed to prevent the City, its
officers, or its employees from participating in the defense of any litigation by their own counsel
at such parties' expense. Such participation shall not under any circumstances relieve Grantee
from its duty of defense against liability or of paying any judgment entered against the City, its
officers, or its employees.
16.7 Grantee Insurance. Upon the Effective Date, Grantee shall, at its sole expense
take out and maintain during the term of this Franchise public liability insurance with a company
licensed to do business in the state of Minnesota with a rating by A.M. Best& Co. of not less
than"A-"that shall protect the Grantee, City and its officials, officers, directors, employees and
agents from claims which may arise from operations under this Franchise, whether such
operations be by the Grantee, its officials, officers, directors, employees and agents or any
subcontractors of Grantee. This liability insurance shall include,but shall not be limited to,
protection against claims arising from bodily and personal injury and damage to property,
resulting from Grantee's vehicles,products and operations. The amount of insurance for single
40
2032276v1
LI
limit coverage applying to bodily and personal injury and property damage shall not be less than
Three Million Dollars ($3,000,000). The liability policy shall include:
(a) The policy shall provide coverage on an"occurrence"basis.
(b) The policy shall cover personal injury as well as bodily injury.
(c) The policy shall cover blanket contractual liability subject to the standard
universal exclusions of contractual liability included in the carrier's standard
endorsement as to bodily injuries,personal injuries and property damage.
(d) Broad form property damage liability shall be afforded.
(e) City shall be named as an additional insured on the policy.
(f) An endorsement shall be provided which states that the coverage is
primary insurance with respect to claims arising from Grantee's operations under this
Franchise and that no other insurance maintained by the Grantor will be called upon to
contribute to a loss under this coverage.
(g) Standard form of cross-liability shall be afforded.
(h) An endorsement stating that the policy shall not be canceled without thirty
(30)Days notice of such cancellation given to City
(i) City reserves the right to adjust the insurance limit coverage requirements
of this Franchise no more than once every three(3)years. Any such adjustment by City
will be no greater than the increase in the State of Minnesota Consumer Price Index(all
consumers)for such three(3)year period.
(j) Upon the Effective Date, Grantee shall submit to City a certificate
documenting the required insurance, as well as any necessary properly executed
endorsements. The certificate and documents evidencing insurance shall be in a form
acceptable to City and shall provide satisfactory evidence that Grantee has complied with
all insurance requirements. Renewal certificates shall be provided to City prior to the
expiration date of any of the required policies. City will not be obligated,however,to
review such endorsements or certificates or other evidence of insurance, or to advise
Grantee of any deficiencies in such documents and receipt thereof shall not relieve
Grantee from,nor be deemed a waiver of, City's right to enforce the terms of Grantee's
obligations hereunder. City reserves the right to examine any policy provided for under
this paragraph or to require further documentation reasonably necessary to form an
opinion regarding the adequacy of Grantee's insurance coverage.
41
2032276v1
SECTION 17
MISCELLANEOUS PROVISIONS.
17.1 Posting and Publication. Grantee shall assume the cost of posting and
publication of this Franchise as such posting and publication is required by law and such is
payable upon Grantee's filing of acceptance of this Franchise.
17.2 Guarantee of Performance. Grantee agrees that it enters into this Franchise
voluntarily in order to secure and in consideration of the grant from the City of a ten(10)year
Franchise. Performance pursuant to the terms and conditions of this Franchise is guaranteed by
Grantee.
17.3 Entire Agreement. This Franchise contains the entire agreement between the
parties, supersedes all prior agreements or proposals except as specifically set forth herein,and
cannot be changed orally but only by an instrument in writing executed by the parties. This
Franchise is made pursuant to Minnesota Statutes Chapter 238 and the City Code and is intended
to comply with all requirements set forth therein.
17.4 Consent. Wherever the consent or approval of either Grantee or the City is
specifically required in this agreement, such consent or approval shall not be unreasonably
withheld.
17.5 Prior Franchise Terminated. The cable television franchise as originally granted
by Ordinance No. 1996-27 is hereby terminated.
17.6 Franchise Acceptance. No later than forty-five(45)Days following City
Council approval of this Franchise, Grantee shall execute and return to the City three(3)original
franchise agreements. The executed agreements shall be returned to the City accompanied by
performance bonds, security funds, and evidence of insurance, all as provided in this Franchise.
In the event Grantee fails to accept this Franchise, or fails to provide the required documents,this
Franchise shall be null and void. The Grantee agrees that despite the fact that its written
acceptance may occur after the Effective Date,the obligations of this Franchise shall become
effective on August 1, 2012.
17.7 Amendment of Franchise. Grantee and City may agree, from time to time,to
amend this Franchise. Such written amendments may be made subsequent to a review session
pursuant to Section 2.6 or at any other time if City and Grantee agree that such an amendment
will be in the public interest or if such an amendment is required due to changes in federal, state
or local laws;provided,however,nothing herein shall restrict City's exercise of its police
powers.
17.8 Notice. Any notification that requires a response or action from a party to this
Franchise,within a specific time-frame or would trigger a timeline that would affect one or both
parties' rights under this Franchise, shall be made in writing and shall be sufficiently given and
served upon the other party by hand delivery,first class mail,registered or certified,return
receipt requested,postage prepaid, or by reputable overnight courier service and addressed as
follows:
42
2032276v1
To the City: City Manager, City of Richfield
6700 Portland Avenue
Richfield,MN 55423
To the Grantee: Comcast Regional Vice President of Operations
10 River Park Place
St. Paul,MN 55107
Recognizing the widespread usage and acceptance of electronic forms of communication,
emails and faxes will be acceptable as formal notification related to the conduct of general
business amongst the parties to this contract,including but not limited to programming and price
adjustment communications. Such communication should be addressed and directed to the
Person of record as specified above.
17.9 Force Majeure. In the event that either party is prevented or delayed in the
performance of any of its obligations,under this Franchise by reason of acts of God, floods, fire,
hurricanes,tornadoes, earthquakes, or other unavoidable casualties, insurrection,war,riot,
vandalism, strikes, delays in receiving permits where it is not the fault of Grantee,public
easements, sabotage, acts or omissions of the other party, or any other similar event beyond the
reasonable control of that party, it shall have a reasonable time under the circumstances to
perform such obligation under this Franchise, or to procure a substitute for such obligation to the
reasonable satisfaction of the other party.
17.10 Work of Contractors and Subcontractors. Work by contractors and
subcontractors is subject to the same restrictions, limitations and conditions as if the work were
performed by Grantee. Grantee shall be responsible for all work performed by its contractors
and subcontractors, and others performing work on its behalf as if the work were performed by it
and shall ensure that all such work is performed in compliance with this Franchise,the City Code
and other Applicable Law, and shall be jointly and severally liable for all damages and correcting
all damage caused by them. It is Grantee's responsibility to ensure that contractors,
subcontractors or other Persons performing work on Grantee's behalf are familiar with the
requirements of this Franchise,the City Code and other Applicable Laws governing the work
performed by them.
17.11 Abandonment of System. Grantee may not abandon the System or any portion
thereof without having first given three(3)months written notice to City and conforming to the
City Code,as well as the state right-of-way rules, Minn. Rules, Chapter 7819. To the extent
required by Minn. Stat. §238.084 Subd. 1 (w), Grantee shall compensate City for damages
resulting from the abandonment.
17.12 Removal After Abandonment. In the event of Grantee's abandonment of the
System, City shall have the right to require Grantee to conform to the City Code, as well as the
state right-of-way rules, Minn. Rules, Chapter 7819. If Grantee has failed to commence removal
of System, or such part thereof as was designated by City, within thirty(30)Days after written
notice of City's demand for removal consistent with City Code and Minn. Rules, Ch. 7819, is
given, or if Grantee has failed to complete such removal within twelve(12)months after written
notice of City's demand for removal is given City shall have the right to apply funds secured by
43
2032276v1
- fib
the performance bond toward removal and/or declare all right,title, and interest to the System to
be in City with all rights of ownership including,but not limited to,the right to operate the
System or transfer the System to another for operation by it.
17.13 Governing Law. This Franchise shall be deemed to be executed in the State of
Minnesota, and shall be governed in all respects, including validity, interpretation and effect, and
construed in accordance with,the laws of the State of Minnesota, as applicable to contracts
entered into and performed entirely within the State.
17.14 Nonenforcement by City. Grantee shall not be relieved of its obligation to
comply with any of the provisions of this Franchise by reason of any failure of the City or to
enforce prompt compliance.
17.15 Captions. The paragraph captions and headings in this Franchise are for
convenience and reference purposes only and shall not affect in any way the meaning of
interpretation of this Franchise.
17.16 Calculation of Time. Where the performance or doing of any act, duty,matter,
payment or thing is required hereunder and the period of time or duration for the performance is
prescribed and fixed herein,the time shall be computed so as to exclude the first and include the
last Day of the prescribed or fixed period or duration of time. When the last Day of the period
falls on Saturday, Sunday or a legal holiday,that Day shall be omitted from the computation and
the next business Day shall be the last Day of the period.
17.17 Survival of Terms. Upon the termination or forfeiture of the Franchise, Grantee
shall no longer have the right to occupy the Streets for the purpose of providing Cable Service.
However, Grantee's obligations to the City(other than the obligation to provide service to
Subscribers) shall survive according to their terms.
17.18 Competitive Equity If any other Wireline MVPD enters into any agreement with
the City to provide multi channel video programming or its equivalent to residents in the City,
the City,upon written request of the Grantee, shall permit the Grantee to construct and/or operate
its Cable System and provide multi channel video programming or its equivalent to Subscribers
in the City under the same agreement as applicable to the new MVPD. Within one hundred
twenty(120)Days after the Grantee submits a written request to the City,the Grantee and the
City shall enter into an agreement or other appropriate authorization(if necessary) containing the
same terms and conditions as are applicable to the new Wireline MVPD.
Passed and adopted this day of 2012.
ATTEST CITY OF RICHFIELD,MINNESOTA
By: By:
Its: City Clerk Its: Mayor
44
2032276v1
ACCEPTED: This Franchise is accepted, and we agree to be bound by its terms and conditions.
COMCAST OF ARKANSAS /FLORIDA/
LOUISIANA/MINNESOTA/
MISSISSIPPI/TENNESSEE, INC.
Date: By:
Its:
SWORN TO BEFORE ME this
day of , 2012.
NOTARY PUBLIC
45
2032276v1
f I
Exhibit A
Free Cable Service to Public Buildings
1. ADMIN SERV DEPT,RICHFIELD 6700 PORTLAND AVE APT ASD
2. ELEMENTARY,SHERIDAN 6400 SHERIDAN AVE S
3. FIRE STATION 2,RICHFIELD 6401 PENN AVE S
4. LUTHERAN SCHOOL,MT CALVRY 6541 16TH AVE S
5. SCHOOL,HOLY ANGELS 6600 NICOLLET AVE
6. CITY HALL,RICHFIELD 6700 PORTLAND AVE APT HALL
7. FIRE STATION,RICHFIELD 6700 PORTLAND AVE APT 1
8. PUB SAFETY,RICHFIELD 6700 PORTLAND AVE APT EOC
9. ICEARENA,RICHFIELD 636 E 66TH ST
10. HIGH SCHOOL,RICHFIELD 7001 HARRIET AVE
11. COMMUNITY CENTER,RICHFIELD 7000 NICOLLET AVE
12. LIBRARY,AUGSBERG 7100 NICOLLET AVE
13. STEM,RICHFIELD 7020 12TH AVE S
14. RDLS DUAL LAN,RICHFIELD ED 7001 ELLIOT AVE S
15. ELEM SCHOOL,CENTENNIAL 7315 BLOOMINGTON AVE
16. JUNIOR HIGH,RICHFIELD 7461 OLIVER AVE S
17. EXTENDED CAMPUS,SEC 7450 PENN AVE S
18. SCHOOL,BLESSED T CATHOLIC 7540 PENN AVE S
19. SCHOOL GARAGE,RICHFIELD 300 W 72ND ST
20. ACADEMY,ZOE 7101 NICOLLET AVE
21. MAINT FACILITY,RICHFIELD 1901 E 66TH ST
22. SPECIAL ED,CENTRAL SCHOOL 7145 HARRIET AVE
A-1
2032276v1
1wJ
'
£ tL
I ` •
Le' 149
'
TV
-'.ibit B Lines am a t Exhr Return �_ . m Fibe gy r1 !;
e�Existing p ma y � .. -a.« .. ' +z� A s'^e,�. vY a� yam+x � � R 4� .� � e "�4 k
`,_, ,, 7
' ( $ t� Y o t i a s `s i � a a tom: O r [i, i a � , s[ ,r '� n a E t t 3°imf , a ; wj°s 1 $r ,,i Gt< =fie SS z' f 1
.,41 � ' z P--0:" i t <t — s g h ` Zt x "-- I - c s E .Yn 't ., ' 4 �. f r ,, i p �A a � a� v o�a>F t i}aE$ � a ;* s E - s ° s a' - r1 ` '! c ,i 111417A n I 9 1'a:r 2 a'' - ° iFillf A f „11';!' '% x ' f _ : d , a q ,_�' � rd
1S0
h Sf 0 a' C a y x e Y k i� t O 1 _ S #R ; t q H. � � ' >i e � • 1 mom Si � i 840 4 �` ¥� ti
tl.-,.+ 3n , 2:c c a t rt [ : 1 - )rs R r .
a '' ' { - F 0� a. '2 11 yxf `i c � '+
- t--7,:, g4-1;;;111 l �aR 2 v o c R e ..t l _ e9<' .�
B-1
2032276v1
Exhibit C
Franchise Fee Payment Worksheet
TRADE SECRET—CONFIDENTIAL
Month/Year Month/Year Month/Year Total
A la Carte Video Services
Audio Services
Basic Cable Service
Installation Charge
Bulk Revenue
Expanded Basic Cable
Service
Pay Service
Pay-per-view
Guide Revenue
Franchise Fee Revenue
Advertising Revenue
Home Shopping Revenue
Digital Services
Inside Wiring
Other Revenue
Equipment Rental
Processing Fees
PEG Fee
FCC Fees
Bad Debt
Late Fees
REVENUE
Fee Calculated
Fee Factor: 5%
C-1
2032276v1
V-5-I
ORDINANCE NO.
AN ORDINANCE REPEALING SECTION 726
OF THE RICHFIELD CITY CODE
Whereas, the City Code at Section 726 currently contains a Cable Television Regulatory
Ordnance ("Regulatory Ordinance") which governs the provision of cable services by cable
operators in the City of Richfield, Minnesota ("City"); and
Whereas, on August 13, 2012, the City adopted Ordinance No. granting a Cable
Television Franchise ("Franchise") to Comcast of Arkansas / Florida / Louisiana / Minnesota /
Mississippi /Tennessee, Inc., ("Comcast") to provide cable services and maintain and operate a
cable communications system within the City; and
Whereas, the Franchise incorporates all of the key provisions of the Regulatory Ordinance that
the City may still enforce under applicable law, thereby eliminating the need to maintain the
Regulatory Ordinance as part of the City Code.
Now,therefore, the City of Richfield does ordain:
Section 1. Section 726 the Richfield City Code is hereby repealed in its entirety.
Section 2. This ordinance is effective in accordance with Section 3.09 of the Richfield City
Charter.
Passed by the City Council of the City of Richfield, Minnesota this 13th day of August,
2012.
Debbie Goettel, Mayor
ATTEST:
Nancy Gibbs, City Clerk
407050v1 CAH RC160-2
Moss & Barnett
A Professional Association
VIA EMAIL
June 22, 2012
Mr. Scott Neal Mr, Rick Getschow
City Manager City Manager
4801 West 50th Street 8080 Mitchell Road
Edina, MN 55424 Eden Prairie, MN 55344
Mr.Jim A. Genellie Ms. Patty Latham
Assistant City Manager IT Manager
1010 1st Street South 14600 Minnetonka Boulevard
Hopkins, MN 55343 Minnetonka, MN 55345
Mr. Steve Devich
City Manager
6700 Portland Avenue
Richfield., MN 55423
Re: Cable Television Franchise Ordinance
Dear Scott, Rick,Jim, Patty and Steve:
Enclosed please find a packet of documents which I have prepared for your upcoming meeting City
council meetings where your council will consider adoption of the Cable Television Franchise Ordinance.
I have listed all of the enclosures below.
1. Staff Memo to the Member Cities of the Southwest Suburban Cable Commission;
2. Southwest Suburban Cable Commission Resolution 2012-1- Recommendation Regarding the
Adoption of a Cable Franchise to Comcast;
3. Side letter from Comcast to the Commission;
4. Annual Franchise and PEG Fee chart(Optional if you believe it would be helpful to your Council);
and
5. Twin Cities Metro Area Cable PEG Fee Comparison chart onal).
Under a separate email to be sent in 1-2 days,each of you will receive the following:
1. Cable Television Franchise Ordinance tailored to your city;
2. Summary of Ordinance for Publication; and
3. Ordinance Repealing the City's Cable Television Regulatory Ordinance.
After you and your city attorney have had a chance to review these documents please let me know of
any questions or comments.
Very truly yours,
g4/1CA-e'l
Brian T.Grogan
Attorney At Law
P: (612)877-5340
GroganB @moss-barnett.com
BTG/tlh/2024876v1
4800 WELLS FARGO CENTER l 90 South Seventh Street Minneapolis, MN 55402-4129
P:612-Gil-500; 1.:612-81/-599'4 W;naoss-ba,nett.com
Li - 59 .•�••
Moss & Barnett
A Professional Association
Memorandum
To: Member Cities of the Southwest Suburban Cable Commission
From: Brian T. Grogan
Date: June 22, 2012
Re: Cable Television Franchise Ordinance
Background
The Southwest Suburban Cable Commission ("Commission") consists of the cities of
Eden Prairie, Edina, Hopkins, Minnetonka and Richfield, Minnesota ("Member Cities").
The Commission administers and enforces the cable franchises on behalf of its Member
Cities.
On or about January 1, 1997, each of the Member Cities granted a Cable Television
Franchise to KBL Cablesystems of the Southwest, Inc ("Existing Franchise"). At that
same time the Member Cities each adopted a Cable Television Regulatory Ordinance
("Regulatory Ordinance") to be incorporated into the City Code of each Member City.
In 2000, the Commission and Member Cities approved a transfer of the Existing
Franchise to Time Warner, Inc. In June of 2005, Time Warner transferred the Existing
Franchise to Comcast Communications ("Comcast"). Comcast currently operates the
cable systems in each of the Member Cities under authority granted in the Existing
Franchise.
The initial term of the Existing Franchise ran for fifteen years and was extended by the
Member Cities to now expire on July 31, 2012. In 2009 Comcast requested renewal of
the Existing Franchise and the Commission has since been engaged in informal renewal
negotiations with Comcast in an effort to reach mutually acceptable terms for a new
franchise.
In response to Comcast's request for franchise renewal, in 2010 the Commission
retained an outside consultant to draft a Needs Assessment Report outlining the future
cable-related needs and interests of the Member Cities for the next franchise term. The
Commission also prepared a draft franchise which incorporated the findings of the
Needs Assessment. The draft franchise incorporated most of the key provisions of the
Le- Fl
Member Cities of the Southwest Suburban Cable Commission
June 22, 2012
Page 2
Regulatory Ordinance in an effort to consolidate all cable regulations in a single
franchise with Comcast.
Commission Goals
The Commission's primary goals during renewal negotiations were:
1. Incorporate the provisions of the Regulatory Ordinance into a renewed franchise
— resulting in one governing document addressing cable regulations in each
Member City.
2. Ensure that the provision of each Member City's Code is incorporated into the
renewed franchise so that the same right-of-way (ROW) regulations governing all
" right-of-way users will apply to Comcast.
3. Streamline regulation in the Comcast Franchise — eliminated unnecessary
provisions that are no longer applicable to cable providers in today's regulatory
environment.
4. Address digital migration of local government and educational channels.
5. Increase the level of capital support for local channels.
6. Maintain the 5% franchise fee as consideration for use of the City's ROW.
7. Eliminate the Comcast public access studio in Eden Prairie due to limited use by
residents and cable subscribers and redirect the resources to other local
programming options to be determined by the Member Cities.
8. Improve customer service standards applicable to Comcast and enforceable by
the Commission and the Member Cities.
9. Renew for a 10 year term.
10. Adopt enforcement procedures and security to ensure compliance.
Negotiation Process
Throughout 2011 and the first half of 2012 representatives of Comcast and the
Commission negotiated the terms of a new model Cable Television Franchise Ordinance
("Model Franchise"). The Model Franchise combines into a single document the
provisions of the Existing Franchise and the Regulatory Ordinance. The Model
Franchise is the result of extensive negotiations between the Commission and Comcast
and, as is the case of many negotiations, certain concessions were made by both
Comcast and the Commission in an effort to reach mutually acceptable language for a
ten year franchise. On May 30, 2012 the Commission adopted Resolution 2012-1
(attached hereto) recommending that the Model Franchise be adopted by each Member
City.
Member Cities of the Southwest Suburban Cable Commission (P-55
June 22, 2012
Page 3
All five Member Cities are taking action on the Model Franchise simultaneously. Any
proposed revisions from one of the Member Cities may require the Commission to seek
agreement not only from Comcast but also from the other four Member Cities which
may have already taken action to adopt the Model Franchise. This point is raised not to
suggest that further revisions are impossible, but to emphasize the complexity of the
approval process and the steps which must be undertaken to complete the approval
process prior to the expiration of the existing extension resolutions - July 31, 2012.
Final Results of Franchise Negotiations
1997 2012
5% Franchise fee Same 5% fee
"Gross Revenue"definition Stronger definition
No PEG capital support fee Comcast studio closed
Comcast run studio $.60 - $.65 /sub/mo PEG Fee paid to City
- $.25/sub/mo paid to Comcast to
support studio
15 year term 10 year term
4 PEG channels 3 PEG channels
Digital migration addressed
Option for 1 high definition channel
Complementary drops at public Same + up to 3 digital boxes per site
buildings
Maintain fiber return feeds Obligation completed will be maintained
Performance bond $100,000 per City
Security fund $10,000 per City— upon notice of violation
Reporting/compliance Obligations from Regulatory Ordinance merged
into franchise and strengthened
ROW management Operator held to City Code provisions
Side Letter
During renewal negotiations Comcast asked to pull two commitments out of the Model
Franchise and place them in a side letter (see attached). This side letter has been
included in this packet of documents for the City's review and consideration. If
acceptable as drafted, Comcast will execute and forward a copy of the side letter to the
Commission at the time of acceptance.
End Of Memorandum
2010360v2
RESOLUTION NO. E2 ° I
RECOMMENDATION OF THE SOUTHWEST SUBURBAN CABLE COMMISSION
REGARDING THE ADOPTION OF A CABLE FRANCHISE TO COMCAST OF ARKANSAS/
FLORIDA/LOUISIANA I MINNESOTA/MISSISSIPPI/TENNESSEE, INC.
Recitals
1. The Southwest Suburban Cable Commission ("Commission") consists of the cities of
Eden Prairie, Edina, Hopkins, Minnetonka and Richfield, Minnesota("Member Cities").
2. The Commission administers and enforces cable franchises on behalf of its Member
Cities.
3. Comcast of Arkansas / Florida / Louisiana 1 Minnesota / Mississippi / Tennessee, Inc.
("Comcast") currently operates a cable system in each of the Member Cities under cable
television franchises granted on or about January 1, 1997("Existing Franchises").
4. In 2009 Comcast contacted each of the Member Cities seeking renewal of the Existing
Franchises.
6. The Commission's legal counsel, the law firm of Moss & Barnett, a Professional
Association, assisted the Commission in conducting the franchise renewal process.
7. Extensive informal franchise renewal negotiations between Comcast and the
Commission have been completed and a new model Cable Television Franchise
Ordinance ("Model Franchise") has been finalized.
8. The Commission finds that the Model Franchise will benefit the Member Cities and will
protect the rights and interests of residents and cable subscribers in each of the Member
Cities.
NOW THEREFORE,the Commission hereby resolves as follows:
1. The May 30, 2012 Model Franchise will protect the Member Cities and its residents and
cable Subscribers regarding the provision of cable services by Comcast.
2. The Commission recommends that each Member City take action to adopt the Model
Franchise.
PASSED AND ADOPTED this C.' day of , 2012.
SOUTHWEST SUBURBAN CABLE COMMISSION
By:
Ron Case, Chair
ATTEST: 4
/
By `' , d "A129,4---44
17
F y.
17
2005999v.1
(^
(to appear on Comcast letterhead)
July ,2012
Brian Grogan
Attorney, SW Suburbs Cable Commission
Moss&Barnett
4800 Wells Fargo Center
90 South Seventh Street
Minneapolis,MN 55402
Dear Mr.Grogan:
The purpose of this letter agreement is to set forth commitments between Comcast of Arkansas/
Florida / Louisiana / Minnesota / Mississippi / Tennessee, Inc., a Delaware corporation
("Comcast") and the Southwest Suburban Cable Communications Commission ("Commission")
consisting of the cities of Edina, Eden Prairie, Hopkins, Minnetonka and Richfield, Minnesota
(hereinafter collectively the "Cities") that are in addition to the obligations contained in the
Franchise Agreement, to be adopted by the Cities and executed by Comcast to take effect on
August 1, 2012 (hereinafter the "Franchise"). These items set forth herein: 1) have been
negotiated in good faith and mutually agreed to by the parties as part of the informal franchise
renewal process pursuant to 47 U.S.C. 546(h);2)are provided by Comcast in consideration of the
grant of the Franchise in each of the Cities; and 3)specifically relate to unique community needs
that exist in the Cities.
1. Use of$200,000 PEG Capital Grant
Comcast acknowledges and understands that some or all of$200,000 PEG Capital Grant provided
for in the Franchise may be used to lease facilities to house Access operations, or to pay for
installation, set up and training related to PEG equipment. Without determining whether these
activities constitute"capital" or"operating" expenditures for franchise compliance purposes, and
subject to the Indemnity provisions of the Franchise, Comcast agrees not to pursue any action
against the Commission or the Cities asserting that such expenditures violate Section 7.16(a) of
the Franchise.
2. PEG Fee from residential multiple dwelling units
With regard to the monthly PEG Fee referenced in Section 7.16(b)of the Franchise, Comcast will
collect the PEG Fee from residential multiple dwelling units (i.e. apartments and condominiums)
using an "equivalent billing unit - EBU" calculation as that term is commonly defined under
industry standards. The exact PEG Fee for multiple dwelling units may vary slightly from
location to location based upon individually negotiated contracts. PEG Fees shall not be collected
from free and/or complimentary service accounts.
Mr.Brian Grogan
Attorney, SW Suburbs Cable Commission
July ,2012
Page Two
The terms and conditions of this letter agreement are binding upon the Cities and Comcast and
their successors and assigns. Enforcement of the terms of this letter agreement shall be consistent
with the enforcement procedures set forth in the Franchise. Comcast stipulates that a violation of
these terms by Comcast may be considered by the Cities and the Commission as a violation of the
Franchise and shall subject Comcast to all remedies available to the Cities and Commission under
the Franchise.
Acknowledged and agreed to this_day of ,2012.
Comcast of Arkansas/Florida/Louisiana/Minnesota/Mississippi/Tennessee,Inc.
By:
Its:
Southwest Suburban Cable Communications Commission
By:
Brian T.Grogan
Its: Legal Counsel
2018655v2
ler ��
-f J o Ol 0 00 0 0
v
Z 0 N N e�-I t0 E in N a N a-I m u VI
N 1/1 V1 i/1 ii. v) f0
in a C
c 0
T) 001 N N t�f1 0000 uo 'L m ra 00
V n M N if) t0 .� i0 '0
'El m V1 i/L in N C m Y
!/?
C u
W W ca
O 00 O 4 0 00 c a
C to to 0 m e-I 00 o yo 0.
0 y rr 1 r-I d' 00 0 .-I 7 al c
.0 C i/} i/T N N j 0 in. f0
3 0 u
z U o -0
a 4,I-
OJ H O 01 O l0 0 0 0 Z "0
C O N O m 00 N u.1 y 0 C co
'u Y 01 V1 N to N N C sy u LA.
H 'C
AA 0 I N i/1 iN/. .M/1. i/� t C 7 0 0.
W y V} 0 0 O "0 VI
a
000 CI 0 u01 rn 0 tin o in N v y CO 4.
6. CU f0 w _0 4.,
a. co W `� N in +00i� �o .�-I c + a ffp v o
Z ` in i/� i/} C N w O j 3
Q O Lo A -0 . d u
W 4- ei al to xi a)
col ` uoi, u�i Lc)o 01 C s ai co a
'I ar 3
Z O I. r1 N t. CO ri N C in 'c ° --- c c
L _
U i/L V► V} C .w C 7 Zi c0 N -0
O LU CI CO •4 U 7 e-I W
2 W w`- 4- tn' y C O N
ILL ai E E 0u f0 L.J O 0 x r V } t 03 d0
0 vii •� O aJ s .o fV m f^
Z a E o s 12 o .C7
f O a+ c N co u ` u co cu Z �p E N OJ 'C C aa) al c co
`t a O 1, '0 7 co _ ate+
au CI u 7 u a 3 o E
o
N N 8 '3 1- c • '
14
C
C ,-1 a .13 C E a
'a `-I �+ N 7c N y a = 0 cfr vi
al)
0 a^ O e-I al C c m -0 R.
a o E 'fin a>i '� fo 7 f0 C =
f0 C �. .r C c Cl
CO v E > f0
al E Jo > v u
,U
< c E\ 10 0 12
in m 0 in co s CU v tg a 5 aEi
\ T _ c
O N N v v C {0- . co
C L al U N C. C
Vf VI N LL
CU CU
o ++ N = U = 0
o LL v l7 w l7 C 0 3 3 ,u,
C C7 LL W 0 W 0 0 N ++ F+ ++ E a. CL 0'a d w V1 �O aJ E tE0 = 0 0 0 0
., LL a. f c _
m m C r-I E > 7 3 m m m d
W < W } } .y a m A co
too
VI
C
0
E e E ^ d a ,v �(p � z7 c y o Its cao' 2 —ci 0
!o :b' o = .0 - K,J .Q _W .�c" of 41 'C `� `S�y
.g m • a Q ' C C C 1 O •2 C $ u o Q1
Q1 � O ti t e S p.10.. 203 001001-- co to V as`.�i V �D u'� C9 .G J
m m m
csi o T b vE = E 3v, � p E c
m
o 0I. 0 0 c 0 c r5E0e s , v .o 00emm om .
y m di 0
O p V C y p C u.
U o a� '
ra. at E o N w cCd c ° E E 0.1..A,g, g g 4 i gt •-• :5 o
o °' HiIIilH II � � .
dRU D p n 2W y M
m ri o co
c =
Kw V1E2II y2 ;u� 0 Z � M � Fc '- o :Em.�,p m 0
a' E � pa0. .0 co
0 1- --o Eft dv .e m e E � 'm1 w E o ;2 y �° CO a
.� �c Cy pp O H 3 ro coo 4 O N p �'
c m ro C) ZI.- .. ca C3 = � co ri0 mru• „ o Z
0
0
4 IX
A p C m Q) C
if y mrd`
o0. 0 wm := Z m m
O N E r.t GO m 13
44 a o ,— C JA 0-tn .§ ° 0.:c a c c cci
�' O xi (� t 'A' ro :2 ro m w co u .' c o c 0
E °0.- oouoam cco c oc .oc °�, S o 2o ° ~O
0 Q UZQ �_ = JU � mZ4 gtc0 c40 t-._.. a.G o.2 .1. Z
c y o e
I— a m °o
LL t" H .0
to Z c N
0 0 co 40 0 1511..` C
a C
rno � c ,Q s
7. wooa) Z ° v
sr 4 g zv .5.15 0 = c '
0 = ea°1immccccieW O
0IL. cn Ru. Li3 r m ? acod F-
w
H
c : 0
13 :0 0 CU 44
O i
.1= .0 W
CL ', t 0 a
J — (01
N
c
0
0
to N td '0
w •G � 0N � m E
E
0 0 �c -@ .- 0 .c E 0
8d 1- c ._ u0in = cos aicC a�
ri 1, op▪ (0E .90, 00 ,-, 8 ° E) �_
sco 41
< M LL LL W Z E _ O N V
O r N d
O y
s v V O N LL >
O c� 8
H � r0 1) — -0
cV E C •C 5 o 0.0E c 2
St,_
Csi
0
N
O 0 't 0 •C
O
vs
LEN Wi $ iilH •_
MI al a. N n}
O m 0 C 7 p } N C N N LL
.fl 0 E O . --..e h 5 O � t m N N
V 08y t cn E Ng 'e.roj � •- I- .0 0 .O m m
eou.. 2 o ups e O N �Er.+' tt ° a. ' — toe" oa) E o ff -� m
dt= Q E.• H o o Eve " ', c o a E oo c co ct
cix 2 0 % SF- aS0V--° zasc- i°_ ..+o 4►00 10 °.u� v
o
co Mma c m 0
o + W` W` >,Z AO d C
o C co w
ra Q.° .o E C C W L W r I c 'a n y C 'p > a� m �-.. o N Ecco03 v a -_ 8- C o m E Iii -° •N
U `� V � VW)a o▪ a Hama ° CD ti O
w o V1 = .5G LL t) 0 w 4.. n7 ,. V Z
c N - c U ' § fl 0.
.c
s.
d t" p •� m v v y_ E
'_ kr -< _o c0_4 C) L 1- N W C
U -1
0 . E La
t
ZS d Off. c •- c _ v
C. 3
O . ° i C '5 m = I-
p M fi LL t) 0 Co O O LL/)
LIi
I-
o
O Z
Cu.
c= u c .0 o c 0cci
H
C
0
1
O O
E -1 � '0 u � S u.,.- �
a c E c Li) m g3 . o aat o 0 c o
ti u
a � g> E �a °-
.0
'a
c4 E d at 2 m 8 u c a :4 o m .L. Ow , 0"
N v N CO u u. u. 2 o Z g o.Z CO o ai a. d yd;
N
o o O •C
•C `' g b S O ` of O u- •E
aT O ._ s- b C .bf O ai a U \° edi
E .F. E ,S E -- = a. � Q, ti e ni
�V � x o � T m rocs y � y i
O
W d ca 0 O O .
0. NU V o co
aeiO O H 3 cu 3 co O c 7
1 '4 c � a -.
Lt
m -• 0 fi E E o .d ffi U .0 as
i1 R 0 — r� o � o co cd ""' OO eo d
{q• m urm4)0 4m.fe as wu. a60 v
c ee n iii A.' 2
O A OC Of a .O
.Z7 E U •�O -8 « `FO c _Sp
d t O g a . a) "8 O O m v
O C I-
S fl d C T_a N .00 e� 'S
V Q t L sCe E c 4. tm fa a.(- O. aa) c o to ca e.
e Z
ar 0 .c
es x .c • 0 O
i1IiJllu1h° I a, 'qv€ to i► CO C
C
cow tOO) E .0
co 71 O N 0
i.� y
C � fa ++
N —
a '� nOvEUcc O
iii
I-
Tc z
CD u
'O C3
� o o 0
O.. -, 4t 0 I
AGENDA SECTION: ORDINANCES
AGENDA ITEM# 7
REPORT# 125
STAFF REPORT
R l c F-IH E LD CITY COUNCIL MEETING
JULY 10, 2012
REPORT PREPARED BY: MELISSA POEHLMAN, CITY
PLANNE•
NAME,TITLE
DEPARTMENT DIRECTOR
REVIEW:
,SIGNA':•��
REVIEWED BY CITY
r/
MANAGER:
ITEM FOR COUNCIL CONSIDERATION:
Consider a number of items related to a proposed planned unit development to construct a
new auto-body repair building at 301 77thStreet West (commonly referred to as the
"Candlewood Outlot"). Consider 1) a Comprehensive Plan Amendment changing the
designation of the property from High Density Residential to Community Commercial/Office; 2)
rezoning the property from Mixed Use — Community to Planned Mixed Use; 3) final
development plans and a conditional use permit for an auto-body repair shop; and 4) summary
publication of an ordinance rezoning the property at 301 77th Street West.
I. RECOMMENDED ACTION:
By Motion:
1) Approve a Resolution amending the City's Comprehensive Plan by
changing the designation of 301 77th Street West to "Community
Commercial/Office";
2) Approve an Ordinance rezoning the property at 301 77th Street
West from Mixed Use — Community (MU-C) to Planned Mixed Use
(PMU);
3) Approve final development plans and a conditional use permit to
allow construction of an auto-body repair shop at 301 77th Street
West; and
4) Approve a Resolution authorizing summary publication of an
ordinance rezoning 301 77th Street West from Mixed Use —
Community (MU-C) to Planned Mixed Use (PMU).
071012 - 301 77th St W—2nd Reading RZN PUD CP
II. BACKGROUND
In 1992 the City purchased the property at 301 77th Street West, along with the
property that is currently occupied by the Candlewood Hotel. In 1998, the City sold
a portion of the property for construction of the Hotel and sold the remaining 1.13
acres to the Housing and Redevelopment Authority (HRA). The HRA and the
Candlewood Hotel negotiated a cross-access agreement that would allow ingress
and egress to the Hotel via the drive aisle on the HRA parcel. The cross-access
agreement also allowed both the Candlewood Hotel and the future user of the
vacant lot to utilize up to 25 parking spaces on one-another's property in an effort to
promote shared parking.
Since 1998 the HRA-owned portion of the site has remained vacant. In 2002 staff
requested reassurance from the HRA that the desired use of the site was for a
restaurant, or in special circumstances, a Richfield business that is being displaced
due to redevelopment. The HRA agreed that this was still their intent.
In 2009 Accessible Space Inc. (ASI) and Twin City Christian Homes (TCCH)
proposed the development of an accessible, affordable 51-unit housing project for
low-income seniors at this site. The City Council approved both Comprehensive
Plan and Zoning Amendments related to this request. Funding for the project fell
through however, the project did not move forward.
Richfield Bloomington Honda (RBH) is interested in expanding their dealership in
Richfield. In order to do so, RBH has proposed to purchase land currently owned
by LaMettry Properties LLC (LaMettry) and partially occupied by LaMettry Collision.
LaMettry is willing to sell provided that a new location for their business can be
found within the immediate area. On June 18th the HRA granted LaMettry
permission to submit an application for the redevelopment of the property at 301
77th Street West and a Purchase Agreement will be considered on July 16th. The
HRA is under no obligation to sell the land.
III. BASIS OF RECOMMENDATION
A. POLICY
• In 2005 the City of Richfield completed a Corridor Study for the
properties on 1-494 between Cedar Avenue and I-35W. The final I-
494 Plan (Plan) envisioned the area as a complete community that is
compact, walkable and transit-friendly. In order to achieve this, the
Plan recommends areas of higher density residential and commercial
development to be interspersed throughout the Corridor, allowing for a
mutually beneficial relationship.
• The property at 301 77th Street West was initially designated as
Regional Commercial/Office in the Comprehensive Plan, but was re-
guided for High-Density Residential use when the ASI residential
project was proposed.
• This site is in a transitional area between an area that is guided for
commercial use and one that is guided for residential use. Either a
commercial or a residential designation could be appropriate for the
site. The more apt question is how any particular use will impact
adjacent properties. The impact on current users and on potential
redevelopment in the area should be taken into consideration.
• A public hearing to consider the rezoning, Comprehensive Plan
amendment and planned unit development proposal was held before
the Planning Commission on June 25, 2012. The Planning
Commission recommended approval (6-0).
• The Council approved a first reading of the rezoning (5-0) on June 26,
2012.
Zoning Code Requirements:
• Planned unit developments (PUD) are intended to encourage the
efficient use of land and resources and to encourage innovation in
planning and building. A PUD provides flexibility in the application of
dimensional requirements, density and land uses if the proposed
development is well-designed and can be successfully integrated into
the neighborhood.
• The guiding district for the proposed Planned Mixed Use (PMU)
development is the Mixed Use— Community District.
• Some of the relevant purposes of the Mixed Use Districts are to
guide development in ways that adapt to market and transportation
changes, to provide appropriate transitions between uses, to promote
pedestrian and bicycle connectivity and discourage large surface
parking areas, and to encourage high-quality architectural and
landscape design.
• The proposed development deviates from the following guiding-
district requirements:
o Buildings are required to be a minimum of two stories. It has
been determined that the existing drive aisle through the
middle of the site cannot be moved to the either the east
because of the potential for stacking of left-turning vehicles on
the railroad tracks, nor to the west because of the placement
of the Candlewood Hotel structure. This central drive aisle
limits parking and building placement, making construction of
a two-story building difficult.
o Auto mechanical/body repair uses are required to be set back
15 —25 feet from residentially zoned property. While the
railroad property is zoned residential, it is guided for future
park (trail) use. The railroad property is approximately 45 feet
wide and provides the required buffer between this site and
the residentially-guided former public works site.
o A minimum buffer of 15 feet is required to separate auto
mechanical/body repair uses from all abutting parcels. This
requirement is not met along the southern-most property line.
However, the location of the Candlewood Hotel in relation to
this area largely addresses the intent of this requirement.
Staff does recommend that trees (overstory or evergreen) be
required in the landscape area along the privacy fence in
order to provide some screening of damaged vehicles for the
occupants of the hotel's upper floors. Staff believes that this
addition would also more effectively meet the requirement that
all vehicle awaiting repair be stored in appropriately screened
areas. The applicant has agreed to this condition of approval.
o Developments are required to provide safe pedestrian and
bicycle passage. Staff acknowledges that the proposal does
not make changes to the existing curb cut, but recommends
that redevelopment require an adjustment to make this
crossing safer.
o The proposed lighting plan does not meet requirements. The
proposed poles exceed height limitations. A revised
photometric plan using poles that meet requirements should
be provided for staff review. (Lighting measurements will
change when pole heights are reduced.)
o Darkly tinted windows or any windows that prevent two-way
visibility are prohibited as ground floor windows along street
facades. The applicant has stated that the windows will be
"tinted for sun." It should be clear to everyone that two-way
visibility is required.
o The proposal does not include a "pedestrian spine." The
Code calls for a "major pedestrian area of useable open space
to be the central organizing element" that links properties
within the 1-494 Corridor. Given the proximity of the railroad
tracks, this is not realistic for this site.
Additional Requirements:
• Removal of parking in drive aisle. A cross-access agreement between
the Candlewood Hotel parcel and the HRA parcel exists. This
agreement ensures continued public access to the Hotel and also
provides overflow parking (up to 25 spaces) between the parcels. The
agreement stipulates that nothing may interfere with the shared drive
access. The proposed perpendicular parking along the drive aisle is
unsafe and interferes with this access. This parking should be
removed as a stipulation of approval. The shared agreement provides
more than enough parking for the proposed use.
• Minimum right-of-way behind curb is 14 feet. The Public Works
Department requires a minimum of 14 feet of right-of-way behind the
curb. An additional 1.5—2 feet of right-of-way must be dedicated to
meet this requirement and the building must be shifted slightly south.
• Replace Ash trees. The proposed plans indicate only "existing tree"
and do not identify the species. An Ash trees within the City right-of-
way must be removed and replaced with a City-approved variety.
Required Findings:
The following findings are necessary for approval of a PUD application
(542.09 Subd. 3):
1. The proposed development conforms to the goals and objectives of
the City's Comprehensive Plan and any applicable redevelopment
plans; The applicant has applied for a Comprehensive Plan
Amendment that would change the designation of this property from
High-Density Residential to Community Commercial/Office. This site
•
in a transitional area between an area that is guided for regional
commercial use and one that is guided for residential use. Either a
commercial or a residential designation would be appropriate for the
site.
2. The proposed development is designed in such a manner as to form
a desirable and unified environment within its own boundaries; This
requirement is met.
3. The development is in substantial conformance with the purpose and
intent of the guiding district, and departures from the guiding district
regulations are justified by the design of the development; The
development is in substantial compliance with the intent of the guiding
MU-C District. Deviations are related to the unique characteristics of
the site, particularly the proximity of the railroad and the inability to
move the existing drive/entry. Staff does feel that additional trees
(overstory or evergreen) in the landscape area along the privacy
fence would more effectively meet the intent of buffering and
screening requirements and better protect the interests of the
adjacent hotel.
4. The development will not create an excessive burden on parks,
schools, streets or other public facilities and utilities that serve or area
proposed to serve the development; This requirement is met.
5. The development will not have undue adverse impacts on
neighboring properties; The proposed building and site are attractively
designed. With the addition of the landscaping to screen damaged
vehicles from view of hotel guests, staff does not believe the
proposed development will have undue impacts on neighboring
properties.
6. The terms and conditions proposed to maintain the integrity of the
plan are sufficient to protect the public interest;the final development
plan, which establishes the terms and conditions of the development,
meets this requirement.
All uses are conditional uses in the PC-2 District. The findings necessary to
issue a Conditional Use Permit (CUP) are as follows (Subd. 547.09, Subd.
6):
1. The proposed use is consistent with the goals, policies, and
objectives of the City's Comprehensive Plan; Same as above.
2. The proposed use is consistent with the purposes of the Zoning Code
and the purposes of the zoning district in which the applicant intends
to locate the proposed use; Some of the relevant purposes of the
Mixed Use Districts are to guide development in ways that adapt to
market and transportation changes, to provide appropriate transitions
between uses, to promote pedestrian and bicycle connectivity and
discourage large surface parking areas, and to encourage high-
quality architectural and landscape design. The proposed use is
consistent with these purposes.
3. The proposed use is consistent with any officially adopted
redevelopment plans or urban design guidelines; The 1-494 Corridor
Study proposed a mix of land uses that would be established in a
pedestrian-friendly development pattern. While the proposed
development specifically serves automobiles, surface parking has
been reduced in favor of additional greenspace and a pedestrian
connection from 77th Street to the Candlewood Hotel created. Staff
recommends that the driveway apron be narrowed to improve this
pedestrian crossing. With this additional change, staff finds this use
to be consistent with the intent of 1-494 Study.
4. The proposed use is or will be in compliance with the performance
standards specified in Section 544 of this code; the proposed
development is in substantial compliance with the performance
standards specified. Deviations are related to the unique
characteristics of the site, particularly the proximity of the railroad and
the inability to move the existing drive/entry. Staff recommends that
additional landscaping be required along the northern privacy fence in
order to meet this requirement. The proposed lighting plan does not
meet requirements. Staff also recommends that approval be
conditioned upon submittal of a revised lighting plan.
5. The proposed use will not have undue adverse impacts on
governmental facilities, utilities, services, or existing or proposed
improvements; there are or will be adequate facilities, utilities, streets
and services to support the development.
6. The use will not have undue adverse impacts on the public health,
safety, or welfare; adequate provisions have been made to protect the
public heath, safety and welfare.
7. There is a public need for such use at the proposed location; LaMettry
Collision has operated successfully in this area for many years. The
proposed location is less than 500 feet from their current location.
8. The proposed use meets or will meet all the specific conditions set by
this code for the granting of such conditional use permit. This
requirement is or will be met.
B. CRITICAL TIMING ISSUES
• 60-DAY RULE: The 60-day clock 'started' when a complete
application was received on May 14, 2012. A decision is required by
July 13, 2012 OR the Council must notify the applicant that it is
extending the deadline (up to a maximum of 60 additional days or 120
days total) for issuing a decision.
• Comprehensive Plan amendments must be submitted to the
Metropolitan Council for review following Council approval.
• The HRA will consider a Purchase Agreement for the property on July
16, 2012.
C. FINANCIAL
• The required application processing fee has been paid.
D. LEGAL
• A public hearing to consider the proposed development was held
before the Planning Commission on June 25, 2012.
• Notice of the public hearing was mailed to all properties within 350
feet of the subject property and published in the Sun Current
Newspaper, in accordance with State and Local requirements.
E. ENVIRONMENTAL CONSIDERATIONS
• N/A
IV. ALTERNATIVE RECOMMENDATIONS)
• Reject one or all of the requests with findings that requirements for approval
are not met.
V. ATTACHMENTS
• Resolution — Comprehensive Plan Amendment
• Ordinance — Rezoning
• Resolution — Final Development Plan / Conditional Use Permit
• Resolution —Approving Summary Publication of an Ordinance
• Proposed plans
• Planning & zoning maps
VI. PRINCIPAL PARTIES EXPECTED AT MEETING
• Representative(s) of LaMettry Properties LLC
9- I
RESOLUTION NO.
RESOLUTION AMENDING THE CITY'S COMPREHENSIVE PLAN
CHANGING THE DESIGNATION OF
301 WEST 77TH STREET TO "COMMUNITY COMMERCIAL/OFFICE"
WHEREAS, the City's Comprehensive Plan provides a Guide Plan establishing
particular planning needs for specific segments of the City; and
WHEREAS, the Comprehensive Plan designates 301 West 77th Street as "High
Density Residential"; and
WHEREAS, the City has reviewed the Guide Plan classification and determined
that it would be appropriate to designate 301 West 77th Street as "Community
Commercial/Office"; and
WHEREAS, the Planning Commission conducted a public hearing on June 25,
2012 concerning modifying the Guide Plan and approved the modifications; and
WHEREAS, the City Council considered the amendment on July 10, 2012;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield,
Minnesota that the City's Comprehensive Plan is hereby amended to designate 301 West
77th Street as "Community Commercial/Office" and is contingent upon the following:
1. The revision is submitted to and approved by the Metropolitan Council.
Adopted by the City Council of the City of Richfield, Minnesota this 10th day of July
2012.
Debbie Goettel, Mayor
ATTEST:
Nancy Gibbs, City Clerk
BILL NO. 2012-
AMENDMENT TO SECTION APPENDIX 1
OF THE ORDINANCE CODE OF THE
CITY OF RICHFIELD
(LaMettry Collision Planned Unit Development Plan and Rezoning)
THE CITY OF RICHFIELD DOES ORDAIN:
Section 1. Findings of Fact. The City Council hereby makes the following findings of
fact:
A. The City's zoning ordinance establishes zoning classifications for
individual property. The property located at 301 West 77th Street is
zoned MU-C (Mixed Use - Community) [the "subject property"].
B. LaMettry Properties, LLC has submitted an application to the City for
a planned unit development plan [the "PUD plan"] in the subject area.
The PUD plan proposes to construct an Auto mechanical/body repair
shop and 34 parking stalls.
C. The City has reviewed the zoning ordinance and determined that it
would be appropriate to rezone the subject area as PMU (planned
mixed use) and approve the PUD plan to establish the regulations
governing the PMU district.
D. The Planning Commission has conducted a public hearing
concerning the PUD plan and amending the zoning ordinance for the
subject property. The Planning Commission recommended approval
of the PUD plan and zoning ordinance amendment on June 25, 2012
following a public hearing. The City Council held a first reading of the
rezoning on June 26, 2012 and second reading and consideration of
the PUD plan on July 10, 2012.
E. The City's zoning ordinance provides criteria for approving a PUD
plan and rezoning of property to a planned unit development. The
City Council finds that the PUD plan and rezoning of the subject
property meets the criteria in the following ways:
1) The proposed development conforms with the goals and
objectives of the City's Comprehensive Development Plan and
any applicable redevelopment plans:
a) The City Council approved an amendment to the
Comprehensive Plan on July 10, 2012 that
designates the subject property as "Community
Commercial/Office."
b) The Comprehensive Plan describes the "Community
Commercial/Office" area as accommodating a wide
variety of retail and services that are more intense
than neighborhood-scale business, but that will
attract residents of Richfield and the immediate
vicinity rather than customers from the entire
'7 r3
metropolitan area. An auto body/mechanical repair
shop falls within this category.
c) The 1-494 Corridor is described as an area that will
feature a range of shops, services and housing in a
more dense and walkable "urban village" land use
pattern. The proposed PUD plan maximizes
greenspace, reduces surface parking and provides
an attractive building that is pulled up to the
sidewalk.
2) The proposed development is designed in such a manner as to
form a desirable and unified environment within its own
boundaries: The stipulations of the approved final development
plan which include the removal of perpendicular parking off of
the shared driveway and compliance with City driveway and
pedestrian crossing requirements will insure that this
requirement is met.
3) The development is in substantial conformity with the purpose
and intent of the original MU-C zoning district, and departures
from the original district regulations are justified by the design of
the development: The development is in substantial compliance
with the intent of the guiding MU-C District. Deviations are
related to the unique characteristics of the site, particularly the
proximity of the railroad and the inability to move the existing
drive/entry. Additional trees (overstory or evergreen) are
required in the landscape area along the privacy fence to more
effectively meet the intent of buffering and screening
requirements and better protect the interests of the adjacent
hotel. Revised lighting that substantially meets code
requirements is also required.
4) The development will not create an excessive burden on parks,
schools, streets, or other public facilities and utilities which
serve or are proposed to serve the development: This
requirement is met.
5) The development will not have undue adverse impacts on
neighboring properties: The proposed building and site are
attractively designed. With the addition of overstory and/or
evergreen trees to screen damaged vehicles from view of hotel
guests, and the removal of parking off of the shared driveway,
the proposed development will not have undue impacts on
neighboring properties.
6) The terms and conditions proposed to maintain the integrity of
the plan are sufficient to protect the public interests: This
requirement is met.
Section 2. Appendix 1 of the zoning ordinance code of the City of Richfield entitled
"Richfield Zoning Code: Boundaries of Zoning Districts" is hereby amended:
A. Section 8, new paragraph 2 is added to read as follows:
1-4
(2) M-16 (301 77th Street West) Lot 1, Block 1, Candlewood Hotel
Addition.
B. Section 17, paragraph 15 is repealed.
Section 3. This amendment constitutes a rezoning of the following property:
301 West 77th Street
Section 4. This ordinance is effective in accordance with Section 3.09 of the
Richfield City Charter.
Passed by the City Council of the City of Richfield, Minnesota this 10th day of July,
2012.
Debbie Goettel, Mayor
ATTEST:
Nancy Gibbs, City Clerk
RESOLUTION NO.
RESOLUTION APPROVING A FINAL DEVELOPMENT PLAN AND CONDITIONAL USE
PERMIT FOR AN AUTO BODY/ MECHANICAL REPAIR SHOP
AT 301 77TH STREET WEST
WHEREAS, an application has been filed with the City of Richfield which requests
approval of a final development plan and conditional use permit for a planned unit
development to allow construction of an auto body/ mechanical repair shop at 301 West
77th Street, legally described as:
Lot 1, Block 1, Candlewood Hotel, Hennepin County, Minnesota
WHEREAS, the Planning Commission of the City of Richfield held a public hearing
and recommended approval of the proposed final development plan and conditional use
permit on June 25, 2012; and
WHEREAS, notice of the public hearing was published in the Sun-Current and
mailed to properties within 350 feet of the subject property on June 11, 2012; and
WHEREAS, the requested final development plan and conditional use permit meets
those requirements necessary for approving a planned unit development as specified in
Richfield's Zoning Code, Section 542.09, Subd. 3 and as detailed in City Council Staff
Report No. and
WHEREAS, the request meets those requirements necessary for approving a
conditional use permit as specified in Richfield's Zoning Code, Section 547.09, Subd. 6
and as detailed in City Council Staff Report No. ; and
WHEREAS, the City has fully considered the request for approval of a planned unit
development, final development plan and conditional use permit; and
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of
Richfield, Minnesota, as follows:
1. The City Council adopts as its Findings of Fact the WHEREAS clauses set forth
above.
2. A planned unit development, final development plan and conditional use permit are
approved for a commercial development as described in City Council Report No.
, on the Subject Property legally described above.
3. The approved planned unit development, final development plan and conditional
use permit are subject to the following conditions:
• A recorded copy of the approved resolution must be submitted to the City prior
to the issuance of a building permit.
• That the developer acquires the required Housing and Redevelopment Authority
parcel.
• That a revised site plan with 1) a reduced driveway apron to improve pedestrian
safety, 2) a drive that conforms to City Detail requirements (on file with Public
Works), 3) a parking plan that removes perpendicular parking off of the shared
drive or address Public Works safety concerns in a mutually agreed-upon
manner, and 4) a minimum of 14 feet of dedicated right-of-way must be
submitted to and approved by the Community Development and Public Works
Directors prior to issuance of a building permit.
• That a revised landscape plan identifying the species of existing trees be
submitted. Any Ash trees within the City right-of-way must be removed and
replaced with a City-approved variety.
• That a stormwater management plan be submitted to and approved by the
Public Works Director prior to issuance of a building permit.
• That revised lighting.plans in substantial agreement with code requirements be
submitted to and approved by the Community Development Director.
• That windows adjacent to 77th Street allow two-way visibility.
- • That all mechanical and utilitarian items be screened from public areas.
• That all repair, assembly, disassembly, and maintenance of vehicles take place
within the enclosed building.
• That all plans required by and detailed within the Administrative Review
Committee Report dated April 3, 2012 be submitted and approved by the
relevant Department.
• The property owner is responsible for replacing any required landscaping that
dies.
• This approval does not include signs. Separate sign permits are required.
• Prior to the issuance of an occupancy permit, the applicant shall submit a surety
equal to 125% of the value of any site improvements (based on two bids
including labor cost) not yet complete.
4. The approved planned unit development, final development plan and conditional
use permit shall expire one year from issuance unless the use for which the permit
was granted has commenced, substantial work has been completed or upon written
request by the developer, the Council extends the expiration date for an additional
period of up to one year, as required by the Zoning Ordinance, Section 547.09,
Subd. 9.
5. The approved planned unit development, final development plan and conditional
use permit shall remain in effect for so long as conditions regulating it are observed,
and the conditional use permit shall expire if normal operation of the use has been
discontinued for 12 or more months, as required by the Zoning Ordinance, Section
547.09, Subd. 10.
Adopted by the City Council of the City of Richfield, Minnesota this 10th day of July,
2012.
Debbie Goettel, Mayor
ATTEST:
Nancy Gibbs, City Clerk
RESOLUTION NO.
RESOLUTION APPROVING SUMMARY PUBLICATION
OF AN ORDINANCE AMENDING APPENDIX 1
OF THE CODE OF THE
CITY OF RICHFIELD
WHEREAS, the City has adopted the above referenced amendment of the Richfield
City Code; and
WHEREAS, the verbatim text of the amendment is cumbersome, and the expense
of publication of the complete text is not justified.
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield
that the following summary is hereby approved for official publication:
SUMMARY PUBLICATION
BILL NO.
AN ORDINANCE AMENDING APPENDIX 1
OF THE CODE OF THE
CITY OF RICHFIELD
This summary of the ordinance is published pursuant to Section 3.12 of the
Richfield City Charter.
This ordinance makes the following changes to the City Code: changes the zoning
designation of property located at 301 77th Street West from MU-C (Mixed Use -
Community) to PMU (Planned Mixed Use). The changes are consistent with the City's
Comprehensive Plan designation of"Community Commercial/Office."
Copies of the ordinance are available for public inspection in the City Clerk's office
during normal business hours or upon request by calling the Department of Community
Development at (612) 861-9760.
Adopted by the City Council of the City of Richfield, Minnesota this 10th day of July,
2012.
Debbie Goettel, Mayor
ATTEST:
Nancy Gibbs, City Clerk
7-,g
PROJECT NUMBER
41:e*-. g I LAME7TRrS AUTO BODY 11112016
City ofRichieid
=z
1
'f/ ,B°POLYPROPYLENE OR
� j Hennepin bounty, Minnesota
'{ POLYETHYLENE(40 MIL. 18-POLYPROPYE GR J I-1/2°WIDE STRAP TYP.) ôv POLYETHYLENE(40 MIL g
]L\, 1� 1-1/2-MADE STRAP G G 4 t _ ffi
`* / .. m TYP.) 04 1 9 4 pa f 4'q . 441 ' .4a 4" £ g al ry!.4 4 4 4 •. 444 4 1 ;G4 4 54G.+ 44 441-• 4 9• 494 4- 4 4 9 1 '4'. .'9. 44 ',''al q .11�� `� /` DOUBLE STRAND°I G0. , j/ - '4 - DOUBLE STRAND to GA WARE 4 i 4 l 44 _ ;a 9 $ .4 14 a °4 a 4G4 a •
a G a q 4° °4 4 y� 4 a G Q s 1444.
4 t
-� `w �� WIRE-3'®,2D°INTERVAL �`:R ,� 4 4 4G 4 •-a G 4 K 9 6 94 dl 4S 4 x� a
•.rrl \ .` 9 (rip.) %-'.A -s®,20°wmrvAL(1rP.} `(y 5 .t a - G. .4 4 • '' 4. -- '�" Gt- -T- ° - . 4 .t +:t K 4.. 4 '° MN a
" Y/ q4 4�r G 4 9 gq
�1 / �� TREE WRAP TO FIRST a µ: cwt ,*-4,, v e a e,m lc=,c�a a�!�a cP • 4 4 • G 4 • .94 h G4 i-. H 4 .4 4 4 ry 42. 4• 'Q4' •4 -= x: e
=�� a� TREE WRAP TO FIRST f,, /'4..1 4 •+4 9 p - 4' A '4 4 1 4 - 4 uc�/ �1
`I/.. BRANCH F?J(3�Xa>'� d 4 BRANCH f t j(,,/ ) 9 .4 + L!I_ /�.'� TURNBUCKLE WITH DG18LE o � _ 4.♦ 4-
1 1
STRAND X14 GAUGE WIRE- } d r a
PER 8'STEEL ,r- a „7. 3 PER TREE r=„e 4 4 a 4 q �Da°��,a=go.°=e qo er=r-G°ea�, 3�i,�4+ -�° v y,
J.,;4". D
8'STEEL j 4°-B°LAYER OF SHREDDED STAKE It %1 FINAL GRADE OF PLANT q c 8 t=, 4 A r=4 4 ¢ 4 _ 4. 4 q 'STAKE i A a'I,S i"'-' 4 4 4 'sr ,H 4 G + q
SAUCEREXTEND PAST STAKE rj f _� sTO EQUAL ORIGINAL _ 44 4 4 -N .a 44 G n 4 a .° av 4$ a 44 4 q 4' 4 a •'w ••° ■i 1
FINAL GRADE OF PLANT MI f `•-' _=t '' �. GRADE SIG a'� 4 G 4 g 4• ti G q aa, 4 4G t 4 G 4i as Q 4A t. 4 a6G G a a G -aq .a 4 a .4
/ ox. - 8'LAYER OF SHREDDED 4 t
i TO EQUAL ORIGINAL oaxi� " �' b - 4 a 4 44 v 9 4- 4 4" at4 4 q - • °. q 4^ 4 a 9 ..•4 ' a 4 4 4 t ■ 1 Le-
i I4 r
i '*s,.t ARDWOOD MULCH IN 9 a 4, 4 < 4 4 4 1 °1 +1
• / GRADE •41'da'J CER-EXTEND PAST STAKE 4 4 X 4 •- .4.4 45 M, G9 G 4 4 4 4,a.-.4 a - 4" b . E IWN P' '� 2-x2-x30°STAKES SET 120°APA 2'x2-x30°STAKES SET 120• a 4 @ 4 ' t '. 4 K 4 t 4 444 9 u4 - p` • G 4 -4q 4 4 r,
OUTSIDE THE BALL AT ANGLE- • .. '-.. APART OUTSIDE THE BALL f 4 4°4+a a1 44 4 9 4 u <4 a t L�,4ad4 4 G 44 s _ 4 4 4j4 ° N ta
5 -44 4� NM 4 1 - _
-3. TREE _ e'+ I !i _ KFG' -k> " ANGLE PER TREE 9 G a 1," a �. ,� �'- �. aq a IDtT. �� ��PLAN �"so�a75 .�^SOD _ �\ AJS4. i4 a '- .t�.� _ i\ D TREE ,� SOD • ..2 N = MIN ( J � A•}k. MANN PEDSTAL 4' - '44 !'a x-'o 'va' 8, !+$ o 'b a 4 'W. a $4 a n _ G a '/' M � G '�' DISTURBED •- - _ - -- = - a._t.
L i saL uIr son r r r �� >r� ,�rft `_r� i s °°`:;� GLS ��+�.�'+^7� Tom, s �cn .�'� ��'i 4.� / s v yA�r�A c� A�ilk,a.. .E. 4ti����`r ill ,i` j c 1 r� ITsi 1t�AILL'tulJ.Afi�BGi,L, h• -
�� - �'uil�u1iC4L]{ul►J'u�Cl�u+�: y w s
r �1 PD
-�. .- •�r ►.�etn 5 ;: Ty DN BMV BSJ a
i c.J.°gao0.- GMS /i °
Oi u a
� NOTES I SOD JTL D =� SOD 3 �o' �s `i ems' gs
NOTES: IWO ALTERNATE METHODS OF TREE STAKING ARE SHOWN. 3 3 b �� B (� a 4:-...70`1,='' o.-`o
IWO ALTERNATE METHODS OF TREE STAKING ARE SHOWN. U 4• < • t (l�L'3 KFG a ei ss
IT IS THE CONTRACTOR'S OPTION TO STAKE TREES:HOWEVER,THE CONTRACTOR IS 1 ` �\� °'`-�� '�''�•• �_ $°6 si'
IT IS IHE CONTRACTOR'S OPTION TO STAKE TREES: RESPONSIBLE FOR THE MANTAIWNG IKLbb IN A PLUMB POSITION THROUGHOUT THE GUARANTEE 1. / 404�I SJ �l/��.IC;S GMS 3 .fi- N
HOWEVER.THE CONTRACTOR IS RESPONSIBLE FOR THE SOD" I _ ` 2 lb,I. =,7 3
MAINTAINING TREES N A PLUMB POSITION THROUGHOUT THE ,1 / f ` : J>
GUARANTEE PERIOD. SCARIFY BOTTOM AND SIDES OF HOLE PRIOR TO PLANTING. 1 / SOD .ems '3 O
SCARIFY BOTTOM AND SIDES OF HOLE PRIOR TO PLANING COIaFER TO HAVE SHREDDED HARDWOOD MULCH UNLESS -� Q ---� i' gm 3 \ Z
OTHERWISE NOTED. ® D I e O '1 �
DECIDUOUS TREE PLANTING DETAIL NO MULCH TO BE N CONTACT WITH TRUNK. I �- ® 15 ' ��:I I J w I `fl ce
CONIFEROUS TREE PLANTING DETAIL
r ,
-.-' , j-.r.: 000 o a KFG ie KFG
(t 10 ... 6 EXISTING D i:
t .. TREE UNE
C1 I ^�, 3RJ II , =
�.. �� i qtr •L -- u .= ®RE
I'l #i 4'-8'LAYER OF SHREDDED % [) 3 "A' :'■
�,�� 1 /j(; HARDWOOD TEND N �L� 0000 SEED DISTURBED '-'
\ \ ` 1, SAUCER-EXTEND PAST STAKE ,_
���, �j- ® I„� °■ AREAS WITH TALL ( IM! i
�� FINAL GRADE of PUNT SSC ® p NATIVE GRASSES I Imo'
TO EQUAL ORIGINAL mu!
GRADE 3 i , !OA!
8
11' \ ku ii a o
SY'
'
Illir
r� -." �"�- eagtpal wtni SOD I0I p
'a 4t ---._ PLANTING SOIL J, I `I o;,iq=29i� . .: MAINTAIN PEDESTAL a
nrgr oZ:_
OF UNDISIt11i8ED _ _ __.)1il t1 4 T � a ((4 4 ' �4a_.o cc 's, FI IIII lT .1•iimi
�y /9/I./ .1•1 mil 2d1 O Cv
' '''1"-1,-.a1-4
� � _' _s'�__4/T7777/17/1" "-� 4 II F, r' . .�i.� m �Ia OLO
C N W e W
MINfiliM
CENTERING em TO r7" /. X7777 9 i I 11 19 I Iv F -`II
�..
HATES TAKE DIMENSION PRECEDENCE li4 Si D5 62 KFG SOD .� -.':Ali HAND LOOSEN.)0075 OF CONTAINERIZED FROM EDGE IB t I�Y� .�. ��
MATERIAL(TTOM 0 4u
SCARIFY BOTTOM AND SIDES HOLE PRIOR TO (r)� I • II I�/� �\ .a♦�w
PLANTING. U (4'-.77 X01_:-000r-^_o�. _
I. a '' #° 4a-. -----'-y_ °era 71. : 6' TALL x`�rl o
SHRUB PLANTING DETAIL I f� PRIVACY '^ a:
a;' l i FENCE r-
F°ooT .°T. f000C'- .:Toao� ;of ) -' IT
Anne . .neOIoi0eo 70'00 000 1.«IO O oic.:a X8 b --r .v
PLANT UST: Site Plantings PLANTING NOTES: _�; 'w n Pi
OTY. KEY BOTANICAL NAME COMMON NAME SIZE/ROOT Contractor shall provide one year guarantee of all plant material..The guarantee begins an the date of •the Landscape Architect's written acceptance of the initial plrmWg. Replacement plant materials shag
IQ -. -�
x=- w
also have a one year guarantee oornmencbog upon planting. ° .um
TREES commencing upon planting. pal a
4 NM Aeer platanoitlea Norway Maple 2-1/2° B&B F� to M
3 SW MMus'Spring Snow. Spring Snow Crabapple 1-1/2° 8&B
Plants to be installed as per stordord AAN planting praatlaes and Minnesota groan. gtt
$, 3 JTL Syringa reticulate Japanese Tree Lilac 1-1/2° B&B Use minimum 12-learn planting son on trees and B'on shrubs.
3 ISL Syringe reticulate ivory 5ilk' Ivory Silk Japanese Tree Lilac 1-1/2v B&B Contractor shall verify location.with an uttNee prior to Installation of plants. ��
BRODSHO CONSULTING 1"' IRS-a
SHRUBS AU landscaping and sod areas shod be irrigated with an underground sprinkler. - 'Oa`°0'"" f'se0 V m
OTa C/3 4 PD Hydrangea panlculata'Pink Diamond' Pink Diamound Hydrangea 5 Gal. Pot Staking of trees optional;repoalUon K not plumb after one year. 898 NORiHBRIDGE COURT y 642 m
3 2 DN Physocarpue opulifolius'Menlo' Dlabolo Ninebark 5 Gal. Pot Wrap an smooth-barked trees-fasten top and bottom.Remove by April 1. EAGAN,MN 55123 0 Q V O ZZ td
14 GLS Rhus aromatica'Gre-Lo Gro-Lo Fragrant Sumac 5 Gel. Pot Open top of burlap on BB materials remove pot on potted plants;spilt and break apart peat pots. PHONE 651-888-8023 �i rn a gd
71 6 CMS Spiraea a bumatda'GMdmound' Goldmamd Spfrea 5 GM. Pot -FAX: 651-456-5748 QI rn:a
Prune plants as necessary-per standard nursery practice. K�r
3 BMV Viburnum dentatum'ChNatam' Blue Muffin Arroeeood Viburnum 5 GM. Pot Owner shag be responsible far maintenance after acceptance of the work by the Owner. Z•7
5 SJ Juniperus Sabina%candle' Seandia Juniper 5 GM. Pot - P "
9 BSJ Juniperue aquamato'Blue Star' Blue Star Juniper 5 Gal. Pot Plants shy be Immediately planted upon arrival at site.Properly heel-In materials H necessary. p
3 SRJ Junlperua vlrginiana'Sky Racket' Sky Rocket Juniper 5 Gal. Pot An disturbed areas to be sodded unless olherds°noted. Sod shell be nartheen grown and hardy. i-- -- tr
w
Any area disturbed sprin W lag the railroad will be seeded with bnJDoT 350 with straw cover. Seed cover PRELIMINARY OEIIgxAal =CM Off+
7 TY Taxus x media'Tauntonil' Taunton Yew 5 Gal. Pot with Oats for spring planting only. n
,erg{ °°o PERENNIALS & ORNAMENTAL GRASSES Planting beds for shrubs shall have(4 era.min.)wee.barrier(aerie,3°-4'of 1-,/2- I
war Lemmis
"`2a + 36 KFG Calomagrostie ocutiflara'Karl Forester Karl Forester Feather Reed Grass 2 GM. Pot washed RIver Rock mulch and 4'vertical(commercial grade)black poly beater edging p shall bean __- - -
g.�d be placed and staked with smooth curves. Reduce muklchh cover ®T FOR CC�NSTRUCTIi3(V
� 92 D Hemerocallis sp. Mixture of colors and species 1 Gal. Pot Shredded hardwood mulch 4'deep shall be provided around an installed trees.
a 76 A.IS Sedum spectabfle'Autumn Joy Autumn Joy Sedum 1 Gal. Pot ZO 0 20 40 80 C�,4•R slim walla are not the responstbg0y of the Landscape Architect. Contact the Project Engineer
V' ° �' 5 B Accent landscape boulder Stone color match building,set 1/3 into grade
�e o �k�Lk dsaape 9. /3 9 fay del Ioaotione,matelMe,and specifications for on retaN(ng walla Buz"L - )• • • mm 3/15/2012
'1B °° Scale 1" = 20' REV 5/9/2012
asg xxx
7-9 .
•
3 2 I
,,yy _
TW7ED INSULATED CLASS ERICK VANIE R OVER 3M DRIP SMOOTH RECESS
•
PRECAST PAWLS ALINNUI•I T 1 O wT�. •
MAP=
- I ,_ a� z CO
. t 5- 1 IF=
. .
.. .. .. . . . ...... . .
•• - F �, - ... ..._ ., .. FINISHED FLOOR A
?.......4.
.r IPLAN •64 GRADING T®PRECAST CONCRETE
• O FRONT ELEVATION 7
LP•M1EF Q W
O P O C O A ME one TINTED INSULATED CLAW TINTED • PRE•IWISMED METAL
TYPE DATE
FLAEHRJo
N iI ALLY IMMI V� THERMALLY� PI®•PWISHED FETAL
ALUMINUM PRAMS ALIMIAN REAM PANGS D
1 f .
, TD.WALL
_ _ _ _ -., - 4D.PANE7.S COCRACTDOCA6E -
,; = NMI=--IN=- oIAUBY RA
— J._ '. - _ __ ____
• .-- - A WISHED FLCJOlS ITSi REMAND BY a
IMINCND
WA▪LL PANEL •CAB COFWISH OPLAt»•SEE GRADING
O 510E ELEVATION . ��
Sr•r-r s
s
I 2 3 4
REPORT IA�SNaflFa"N1Eo I lE Fl
PREdINEFED FETAL A AT over maw',No NI I AE
MASONS A STI 11EQ1E0'RCHIECO IARR 711E MS
IF THE SAME OF IEOMA
FNE•FBJEIED FETAL
.
PANELS T I�IRA710N M1 EEI
_ ,. .
EA. 11111110A61
02/29/2
GRADE-SEE C■ADW6 NO LA=PEECAET CONCRETE
RAN WALL PANELS•STUCCO MIN
OREAR ELEVATION
A �B C DO E p �JII
..
1,
„, ,,,
,,
Pld•FINISHEO FETAL
SR'DEEP SMOOTH RECESS ��+��TT//�+���
FLwHaId SMUCKL ER
P AINTED IN PRAMS METAL
O 00R AND FRAME L-1R\.IH EC USE
- 7S0➢WA4ANGIONAVANUE SOUTH
g ‘. ,•
.-
®AUyNIIN01'A 53139
... VOICB WOES-DOS
. ! - - FAX 0DRS OW•:..„........,
.. .•..•..,..
MACS-En GRACING
PLAN
• INSULATED PRECAST CONCEE ®SIOE ELEVATION
WALL PANELS•RTUCCO FINISH
Ilr•r-r ■0
L - J
7-10 .
� !/ -- PROJECT NUMBER
•
II
II Fr r - /I �� I I L4ME77RY S AUTO BODY ,, 2ai6
1 [!_/_G 0 30 k ∎ --
_ _ , ■ = City of Richfield s
60 \ �-- o Hennepin County, Minnesota
._� - I I L_= N�0
' I N ° SITE DATA: P
','
�' a=___=a=_-_•=a a=_=a=�• - ` a a-rq-<- s •. -°"�- Current zoning = MU-C(Mixed Use Community)
,_, - -- - _. -- , - ,
■ 1 1 I i∎ . 1 I ":. A° .T.-..ow 4- _-, a= ° Proposed zoning = No Change 40-aM� i a
e a °a�e e ate , =a a'�_ e.e�.e��e a�4,A:• --K a�`_`_a- °a 6�'°4° - - o L F i °� SQ. FT.'_ ACRES !
• a na a 4` 4 ,° < e t •. w.. 4 • 4 a,a <4 as. ,< < 4 aa.c a $ _ 4 s 4 4a - .ay a<. `� a • -a ... , _ q° ,-. 4 a. Total Site Area = 49.187 1.129 N
4 + 4 41 4 a , �140° ` a 4••+g' << a .Ga _ •a Ao 4 '• Right-of-Way Area 0 0 W rn
o. < , ° A a' 4' 4 4 ` .< a 4 <� ST //..a .ST<4 p ° <e -a S'.6 a << < ST-4'4 a'< <SaT�a- .4. 4. `9 .M • t Ta_ 4../ -st_4 Net Area = 49.187 1.129 y•IT,q s ^44CC' :ST"- ;.$ a 'c,_.A4, .g 4' RT n q 4 a''SP!" `-1 q°..S <4\\a a .a - a .A s a <" •
'q i < - 4 y 1a�• N. a q ,t I - I 41 9 A _ Net Impervious Surface = 39.325 0.90 80.07a a�b 'n 0
t4 'a4,; f 4 - < 44 44 4 4 a A 4° a¢ < �y - 444, 4 4 4 4 4 a a 41 _ < 4•` 4.a a a (Total Impervious Surface 39.458) �,�° .:',;(.3
°9 4 a 5. 4 <a a9E 4q4 <, i 4, 9 4 44 q4 4, 95 'I 4 -<a.a (Encroaching Impervious Surface 132) 1- ' a m
A m -_�- _,-- °am°r ate- a , q , q . 4 , : -.-r.r-r-r 4 4 4' as a << s < . a a- d ■.-, -°-�->-� = <Oa_-_ -j Proposed Parking Spaces = - 34 o z
',`.-.-. 1 /��./°la.,� ° ° <ia - q , a a .. t r�F- r•-I, .a a a a < 44 < < a 4 << t . ,._a ■ - (Standard Stalls 32) IiL a `
o e C 1' -aA4/ a 4 C 4. 4 a a <�4 a •4 = <4�'= 4 9 y a5 c 471 5 = .a 9 p, p
4 , A 49. ,q ° d. _ , < . • g = I _ 4q a t°O I b s
° •5 4 4 a a 4 4 9 q. a' a 4 9 4. a °� <q 4°' 4 4, a4 a A < 4 9 ° °a 4 4 q O °4 4 4 9' 4 y (A , a 4 9 94 + i 4 - 4 $ 84 4< q . ,$. Setbacks to be determined at the time of plan submission. a`..i `
4 - ° 4 44 4 4 94594 a 4.44 *4.a 4°a . < 4 Qa4 414 9 4 V) a44 q,4, - 44. 6' 4.. 9 A N .t •4. 4 < q4A as 4 `. y4, a , • - < q ..• 4 • ° 1I4 aq .4 - .A 44 .4 . C'A5 •
4 ° +° < O 4 • q .< d< a4a4 4° � 44•4A 4' 9<' • qq 9C 4 4 4$ �b 4 A °t - b y `il r la4 a � 4 4 4 < '<q a $O�[[a ��r-
4 •y5 4 '4 , q'd +� •a qy 4<' A q 4 4, a 4 4 4 a a4 • °� 4°a 4' a. .-:StNPoR -WrBYR.' [WdR If.�. •"� 'p
4 4 q v< 044 9a • 4 <4 a °4 • 44 4' q a
.44°' 4< 4+ t< 41).Y/a1.Y,1a 4 ., r 4 a s 4 .'4 WI <4 • atE1./y4 A .a 4 4 4 spa° S+ .64 1 I I t E�N•
a 2 a v a aq a 4 < ^ 4lYIY1-Y - -_ _ .. -s- �� - 1-4 .--4-=-4 ----------44"-A-"" 2, 1 X
s a a a ,4 . 4 ,a.4 4 a .4.44- 4 -'a 4 ` ��Wliq. WlSda ', d i' �'a 913 _
1-f ° �\ 4 • a 4 qa a <9' $y a 6 ' --- >• - I k .: h10•S a :ra' +x`44 as - p aF a �.1- a. EXIS71 SWALK 430500 N89 53 29 E 4 ° ' $ ,$ v, .R i g!'` 4 = _ - ( $ F%L 4 8 a �g 44 B S �°
�, J v Open Space PE! (J ®� Denote /® 4 Bicycle ° "�
a Requirement �_� 11 Bike Rack
N of 2,460 sq.ft. r, Pervious / 0. a
T Pavers =, E2?S w+a.s 3 1a 2.3,1 _ ��„_Sign- - r.___ \ I S'IT`K F Q
rn One Way 4-a /4 IICi�;,. I a�n,. $
to �� I Only " /" w e s �,,< a �i
170 s.o y J .._ ° t2. J`
I 22.3 _� 9.0 � �� _ 132.0
WI o (T>WP•) 111 i I • sum f = I 1 , Haa4 6741/344
4
e'er N L4- I 1..NR • `�.
o: i,� '`1 24.0 ( _ „ghost a o
L _
R
Z w O _
4.
1 4:77 to rtv, Yv Prop Car Care Center Shop/ LOCATION MAP ONIn,-,1 _ ___Wegettlit-- 1- ,_____- wealark-,, „ „,,,,„...,,,,Adia iiii
_ JIs�� Car Care Center A ii-c:75-1--!.g k I. rn _ A ,s ' 19,402 Sq. Ft. ° No same v) / 'E". 301 77th "_' INDEX . i
II ___ 11111 ST. West ' w 1
o �_ O •'-- ��I '' ° C-0 COVERSHEET/SITE PLAN
III o.._..®a. C-2) EXISTING CONDITIONS/
I 9.0
I DEMOLITION PLAN
II / Sign \ (' .a
n /,-. \ p o, f C-3) UTILITY PLAN
I Do Not Existing r I Enter-One . Tree A C-9.1J CONSTRUCTION DETAILS
N ,.� w C-4) LANDSCAPE PLAN
4 - - -73s.aQ N89°5t'S4"W°><-/4- ,11 1 Way Only s Lin. `i= ° GRADING AND EROSION ;
° ` _ 4 .4..4 9. �� 19.0 - _`�+ CG-1J GRADING PLAN q
lu -- a 4 qa as a// w _
0°.- _,s 4 /- 777/7/ -° - _ - __ o I. _�� CE-1J EROSION CONTROL OI n
II <0 m M
�'T /. �/7T/T ,.:11/A c O W o
4. / O Gate, lyl _�.�_ W '�\ 14 NINA
- tan
`4i 4 <q ``r-N I Asphalt �.� ° h za
', a 1 Parking 3.64 p.
0m
E v _`a - __- Area a
I <` r��: to 1•�)y I� 65.00 N89°51'54•W �o` r I E� �XN^• I !� J oiv ai_ t;a Encroaching °o �� �� _ 1/.1
O m a Curb a • 104.00 N89°51'54°W (U �' V m
ID -
7�
1II = = PRELIMINARY a¢gau
f3�A lii ill NOT FOR CONSTRUCTION
-- __
gBig AnN 20 m m 0 20 40 60 C ,/
B.y� w`T, 3/15/2012
E ���� Scale 1" = 20 5/9/2012
XX%K
'7- ll
z
c � n
z ) (,)
X CCO
• 5 m °• C i1N m
O c Cvi CD 3 3 0
K ' m m z`‹ Z HARRIETAVENUE
C
FOR C) CD T1 CD
Q 7 0 0 A w.
C co. 3 CT S CD .
co w 7 3' a N C
o.
c 0
.a
I
00 0 V)
3 V
0 co -I 0 70
o c c z*cn
m Q rn
m 0'
x n co —I (Q
,2
D o C c/) z 73 7J N
CD
--1� N N N
I 0
c' Cn
—I
CD 1
I . 13
Er C
co
v
a
I. o .3.
O N C C - N
fD 00 Z Z
0
K
O
7
3
0
O p
o PILLSBURYAVENUE
w
w
0
v
V
rt
0)
N' TI 0
cD
Cr. __-
L
N
3
X
o_
3
x
Q.
Z
•
?83 0 r
' v v
co CD
3 2 0
x03 O. 0 . o r
x C .< cp 0 Gm)
To 3 0 R, 4 z HARRIET AVENUE
co 3. � mm v
_. =. (n Cl)
N2O- N ,J r r
- O C) 0 v 0
pert • b. 0 X XI XI
0 a w
CD C0)
0
°I °
XI 0 ~
—I
I
of o cn
'll
0 CND � r XI r X1 r XI o
CD m
a) = m
no °l a m XI
CD
`t
0 m
0 0 0 R.
CD 0 ° to
0
. oo = "I
CD 70 70
I
° C
1 v
Cr,
n 0 I N
O
rt
y
O
o
5.
co
-P
y
N PILLSBURY AVENUE
m .
w
w
O
v
0)
C) m° -
MI CD I
N
O
N
x
a
■
i
1 — I3
Z
Dm
—I
0 , �n • m
co m 3 . B m HARRIET AVENUE
c- o a.on m
N n Q C) x z
= m CO U) U)
Em
W
o 0
E
m m m
07 cn cs) y
I
co
0
X —I
73 z x �-
_co = m
n o a s` m m
o D D m
m CP
-°a --.1 (D
N xi x 1
13
N O
I
C
CD
w v
o
iii
su o c c N
m c w
�• o
ma
N
K
0
7
co •A
n) o PILLSBURY AVENUE
m
Ca
0
0
r m
�- I
N
O
N
3
g.
AGENDA SECTION: OTHER BUS.
AGENDA ITEM# 8
REPORT# 126
STAFF REPORT
RICHFIELD Il Ll CITY COUNCIL MEETING
tt,i :;. JULY 10, 2012
REPORT PREPARED BY: STEVEN L. DEVICH, CITY MANAGER
/_
REVIEWED BY CITY ;%� //- %MANAGER: r.44 .;
ITEM FOR COUNCIL CONSIDERATION:
Consideration of a request for the City Council to confirm the appointment of Todd Sandell as
Public Safe Director for the City of Richfield.
I. RECOMMENDED ACTION:
By Motion: Confirm the appointment of Todd Sandell as Public
Safety Director for the City of Richfield.
II. BACKGROUND
Since former Public Safety Director Barry Fritz retired effective March 29, 2012,
Deputy Public Safety Director Todd Sandell has been serving as Acting Public
Safety Director. During that time, Mr. Sandell has been performing the duties of
Public Safety Director very competently.
In June, the City Manager informed the City Council that the position of Public
Safety Director be posted as an internal recruitment. Mr. Sandell was the only
applicant for the position. As a result of this recruitment, and based on Mr.
Sandell's excellent performance in his role as Acting Public Safety Director, he has
been selected by the City Manager for appointment to the position of Public Safety
Director.
Mr. Sandell has spent over 36 years in police service. Since starting in the Richfield
Police Department in March 1978, Mr. Sandell served as a Police Officer until
October 1984 when he was promoted to the position of Police Sergeant. In March
1997, he was promoted to Police Lieutenant and in November 2008, he was
promoted to Deputy Public Safety Director a position he has held since then. In
those positions, he has supervised every aspect of the Police Division of the Public
Safety Department.
0911 Fritzappointment
Mr. Sandell had a Bachelor of Arts degree in Public Administration from
Metropolitan State University and a Master of Arts degree in Public Administration
from the University of St. Thomas. He is also a course instructor for the Upper
Midwest Community Policing Institute and presented courses in four different states
to several hundred command and line level officers.
Mr. Sandell has been an Associate Member of the International Association of
Chiefs of Police, Minnesota Chiefs of Police and Hennepin County Chiefs of Police.
III. BASIS OF RECOMMENDATION
A. POLICY
• According to Richfield City Charter Section 6.02 Powers and Duties of
the City Manager, subsection 3, and under Richfield City Code
Section 310.01 Subd. 3, Charter authority, appointment or removal of
department heads shall be made final only upon a majority vote of the
Council.
B. CRITICAL TIMING ISSUES
• The Public Safety Department has been without a permanent Public
Safety Director since the retirement of Barry Fritz. Mr. Sandell has
been serving as Acting Public Safety Director since that time.
C. FINANCIAL
• The 2012 Budget includes the funding necessary to provide for the
salary and benefit contributions as negotiated.
D. LEGAL
• According to Richfield's City Code, the City Council must approve the
selection of Mr. Sandell before he is appointed Public Safety Director.
E. ENVIRONMENTAL CONSIDERATIONS
• N/A
IV. ALTERNATIVE RECOMMENDATION(S)
• The Council may reject the candidate and direct the City Manager to
undertake a new selection process.
V. ATTACHMENTS
• None
VI. PRINCIPAL PARTIES EXPECTED AT MEETING
• None.
CITY OF RICHFIELD, MINNESOTA
Office of City Manager
July 5, 2012
Council Memorandum No. 80
The Honorable Mayor
and
Members of the City Council
Subject: Hennepin County 2012 Wellness by Design Award
(Agenda Item No. 9 )
Council Members:
The City of Richfield was one of 78 worksites honored at an awards ceremony on June
21st as a recipient of Hennepin County's 2012 Wellness by Design Worksite Award.
The Wellness by Design Award recognizes organizations that make employee health a
priority and acknowledges their creative and effective wellness policies and programs.
Guest speakers included Hennepin County Commissioner Gail Dorfman and Cara
McNulty from Target Corporation. Ms. McNulty discussed the correlation between
healthy employees and a productive workforce, noting a decrease in absenteeism and
an increase in profits in locations with active wellness programs.
This is the seventh consecutive year the City of Richfield has received the award.
Bronze, silver, gold and platinum awards are given. This year, Richfield's "Live Healthy
* Live Happy" Employee Wellness Program attained the silver level award.
The City's Wellness Program encourages employees to focus on nutrition, lifestyle and
physical activity.. Healthy employees not only feel better but also are more productive
and less costly to insure.
- • tf,, y submitt ,
P77
4
it./ /
en L. Devic
City Manager
SLD:tjs
E-mail: Department Directors
Assistant City Manager