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11-25-91 agendaCITY OF RICHFIELD, MINNESOTA MONDAY, NOVEMBER 25, 1991 REGULAR CITY COUNCIL MEETING 7:00 P.M. COUNCIL CHAMBERS AGENDA INTRODUCTORY PROCEEDINGS. CALL TO ORDER PLEDGE OF ALLEGIANCE APPROVAL OF MINUTES OF (1) SPECIAL CITY COUNCIL MEETING OF OCTOBER 28, 1991; (2) REGULAR CITY COUNCIL MEETING OF OCTOBER 28, 1991; AND (3) CITY COUNCIL STUDY SESSION OF NOVEMBER 4, 1991 PRESENTATIONS 1. PRESENTATION OF SILVER SERVICE AWARD TO PAUL COOK, MANAGER OF BURGER KING RESTAURANT AT 2800 WEST 66TH STREET, AND AN HONORABLE MENTION AWARD TO PAUL HANSEN, OWNER OF ~HANSEN'S AUTO SPA, FOR HIRING SENIORS AND DISABLED IN RICHFIELD COUNCIL LETTER NO. 288 2. RECOGNITION OF CITY STAFF FOR EFFORTS RELATED TO 1991 HALLOWEEN SNOW STORM COUNCIL LETTER N0. 289 3. OPPORTUNITY FOR PERSONS TO ADDRESS THE COUNCIL ON ITEMS NOT LISTED ON THE AGENDA AGENDA APPROVAL 4. COUNCIL APPROVAL OF AGENDA CONSENT CALENDAR NOTE: 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 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. 5A. CONSIDERATION OF APPROVAL OF RESOLUTION AUTHORIZING SUBMITTAL OF RICHFIELD'S 1992 GRANT APPLICATION FOR MUNICIPAL RECYCLING FUNDING TO HENNEPIN COUNTY C.L. 290 B. CONSIDERATION OF APPROVAL OF RESOLUTION AUTHORIZING MAYOR AND CITY MANGER TO ENTER INTO AGREEMENTS WITH RESIDENTIAL WASTE HAULERS FOR COLLECTION OF SOURCE SEPARATED RECYCLABLES C.L. 291 C. CONSIDERATION OF APPROVAL OF RESOLUTION APPROVING SPECIAL LAW 1991, CHAPTER 96 PROVIDING CERTAIN BENEFIT IMPROVEMENTS FOR MEMBERS OF RICHFIELD POLICE RELIEF ASSOCIATION C.L. 292 D. CONSIDERATION OF APPROVAL OF RESOLUTION MODIFYING FEE FOR CITY ASSESSING SERVICES C.L. 293 E. CONSIDERATION OF APPROVAL. OF PAYMENT TO MOTOROLA INC. FOR REPAIR OF PUBLIC SAFETY RADIO SYSTEM IN THE AMOUNT OF $21,995.84 C.L. 294 F. CONSIDERATION OF APPROVAL OF BID MINUTES/TABULATION AND AWARD OF CONTRACT TO ANDERSON EXCAVATING & DRAINAGE FOR DISPOSAL OF APPROXIMATELY 5,000 CUBIC YARDS OF LIME BY-PRODUCT IN 1992 FOR ESTIMATED AMOUNT OF $51,650 C.L. 295 G. CONSIDERATION OF APPROVAL OF PURCHASE IN EXCESS OF $5,000 FOR UNLEADED GASOLINE FROM B & F DISTRIBUTING IN THE AMOUNT OF $7,843.45 C.L. 296 H. CONSIDERATION OF APPROVAL OF PURCHASE IN EXCESS OF $5,000 FOR MASTER PURCHASE ORDER TO KOCH CARBON DIOXIDE FOR APPROXIMATELY. 200 TON OF CARBON DIOXIDE FOR USE IN WATER TREATMENT. FOR AN ESTIMATED TOTAL OF $11,000 C.L. 297 I. CONSIDERATION OF APPROVAL OF PURCHASE IN EXCESS OF $5,000 FOR MASTER PURCHASE ORDER TO FEED-RITE CONTROL FOR APPROXIMATELY 6,000 TONS OF HYDROFLUOSILIC ACID FOR USE IN WATER TREATMENT. FOR AN ESTIMATED TOTAL OF $7,920 C.L. 298 J. ESTIMATE #4 PAYMENT FOR VETERANS MEMORIAL PARK BUILDING, R.P. VOGEL & COMPANY, $65,221.00 K. ESTIMATE #1 PAYMENT FOR FURNISHING OF EQUIPMENT TO INSTALL A FALSE FLOOR FILTER UNDERDRAIN SYSTEM AT THE WATER PLANT, TONKA EQUIPMENT COMPANY, $34,912.50. L. FINAL PAYMENT FOR REHABILITATION AND REPAIR OF WELL #7, KEYS WELL DRILLING CO., $6,129.98 -~ PUBLIC HEARINGS 6. PUBLIC HEARING AND SECOND READING OF ORDINANCE AMENDMENT WHICH WOULD PROHIBIT OPERABLE VEHICLES FROM BEING PARKED IN YARD PORTION OF ANY LOT ' COUNCIL LETTER N0. 299 7. PUBLIC HEARING AND SECOND READING OF ORDINANCE PROVIDING USER FEES FOR HOLDUP, BURGLARY AND FIRE ALARM USERS THAT GENERATE EXCESSIVE NUMBER OF FALSE ALARMS COUNCIL LETTER N0. 300 8. PUBLIC HEARING AND SECOND READING OF ORDINANCE AMENDING SECTION 601 OF CITY CODE REQUIRING COMMERCIAL GARBAGE HAULERS .COLLECTING AT APARTMENT BUILDINGS TO PROVIDE VOLUME REPORTS ON DESIGNATED RECYCLABLES TO THE CITY COUNCIL LETTER NO. 301 9. PUBLIC HEARING AND SECOND READING OF ORDINANCE AUTHORIZING SALE OF 7300 FIRST AVENUE AND ISSUANCE OF CERTIFICATE OF COMPLETION CONTINGENT UPON APPROVAL OF THE CITY MANAGER COUNCIL LETTER NO. 302 10. PUBLIC HEARING AND SECOND READING OF ORDINANCE REPEALING CITY OF RICHFIELD'S CATV RELIEF. ORDINANCE, ORDINANCE N0. 1985-13, AND CATV RELIEF ORDINANCE AMENDMENT, ORDINANCE N0. 1988-22; CONSIDERATION OF RESOLUTION APPROVING SETTLEMENT REGARDING REVISIONS AND EXTENSION OF CERTAIN TERMS OF CATV RELIEF ORDINANCE COUNCIL LETTER N0. 303 RESOLUTION 11. CONSIDERATION OF RESOLUTION TO AMEND LETTER OF UNDERSTANDING BETWEEN CITY OF RICHFIELD AND CITY MANAGER, ADJUSTING COMPENSATION (DEFERRED FROM OCTOBER 14, 1991) COUNCIL LETTER NO. 304 ADMINISTRATIVE REPORTS ~ OTHER BUSINESS 12. CONSIDERATION OF APPROVAL OF JOINT POWERS AGREEMENT FOR SOUTH HENNEPIN REGIONAL PLANNING OFFICE FOR HUMAN SERVICES; APPOINTMENT OF COUNCIL MEMBER TO SERVE ON REGIONAL PLANNING COUNCIL; AND APPROVAL OF RESOLUTION ESTABLISHING RICHFIELD COMMUNITY HUMAN SERVICE PLANNING COUNCIL COUNCIL LETTER NO. 305 13. CONSIDERATION AS TO WHETHER TO HOLD A CITY COUNCIL STUDY SESSION ON DECEMBER 2, 1991 COUNCIL LETTER N0. 306 AIRPORT BUSINESS 14. AIRPORT STATUS REPORT CORRESPONDENCE 15. LEGISLATIVE REPORT COUNCIL CHOICE 16. COUNCIL DISCUSSION ITEMS 17. CLAIMS AND PAYROLLS ADJOURNMENT /3 CITY OF RICHFIELD, MINNESOTA Council Letter No. 306 Agenda November 25, 1991 Issue Statement• Council consideration as to whether to hold a City Council Study Session on December 2, 1991. Background• City Council Study Sessions are regularly conducted on the first Monday of each month. However, discussion items for the December 2 Study .Session can be carried over to January 1992. It is suggested that the Study Session scheduled for December 2 be cancelled. Recommended Motion: Cancel the City Council Study Session regularly scheduled for December 2, 1991. Basis of Recommendation: 1. The Study Session business can be carried over to January 1992. Alternative Recommendation: 1. Do not cancel the December 2 Study Session. 2. Reschedule the. Study Session. Discussion/Decision Mode: This item has been placed on the November 25, 1991 Council agenda so proper notification can be given if the meeting is cancelled. Respect lly submitted, Jame Prosser City anager JDP:cak / o~ CITY OF RICHFIELD, MINNESOTA Council Letter No. 305 Agenda November 25, 1991 Issue Statement: Consideration of approval of a joint powers agreement for South Hennepin Regional Planning Office for Human Services; appointment of a Council Member to serve on the regional planning council; and approval of a resolution establishing the Richfield Community Human Service Planning Council. Background• The City of Richfield has cooperated with the cities of Bloomington, Eden Prairie and Edina for the past 20 years in an effort to provide. human service planning for the south suburban. area. Recently, Eden Prairie and Bloomington have requested a restructuring of the human service planning. organization. The principle elements included in the restructuring include: • The South Hennepin Human•Services Council Board of Directors will be essentially abolished. In its place are two organizations: The first is the South Hennepin Advisory Planning Committee. This group will consist of two representatives from each city's human service planning organization and one Council Member. This group will provide input into regional planning issues. The second new group will be the Board of Directors for the planning office. The Board of Directors will consist of the City Managers from each city. The City Managers will be responsible for the administrative functioning, including budget preparation and personnel responsibilities, for the new human service planning office. • Each city will establish a human service planning council. The purpose of that council will be to provide local planning direction. The City Council has previously made appointments to the Richfield Community Human Service Planning Council. It is now necessary for the City Council to take three separate actions. First, approve a new joint powers agreement to replace the previous joint powers agreement. Second, to appoint a designated-City Council Member to serve as representative to the regional planning council. Third, approve a resolution establishing the Richfield Community Human Service Planning Council. Recommended Motion: 1. Approve the joint powers agreement. 2. Appoint a Council Member to serve on the regional planning council. ~~ f 3. Approve the resolution establishing the Richfield Community Service Planning Council. Basis for Recommendation: 1. If a coordinated regional human service planning function is to continue, it appears necessary to restructure this organization. 2. Coordination and planning for human service programs is increasingly important for cities. 3. The City of Richfield does not have. human service planning capacity independent of South Hennepin. 4. This action will not increase the City's cost for human service planning. 5. South Hennepin receives some funds from Hennepin County for planning efforts. The restructuring will allow us to continue to receive those funds. Alternative Recommendation: 1. The Council may decide not to approve the inter-governmental agreement and to cease providing regional human service planning. 2. The City Council could decide to develop their own human service planning capacity, independent of other cities. 3. The City could attempt to join another regional planning effort. Discussion/Decision Mode: This matter will be presented for Council consideration at the meeting of November 25, 1.991. Resp c lly submitted, Jam D. Prosser Cit Manager JDP:ds Copy: Jeanne Massey ~a-~. RESOLUTION N0. A RESOLUTION. ESTABLISHING A RICHFIELD COMMUNITY HUMAN SERVICES PLANNING COUNCIL WHEREAS, the cities of Richfield, Bloomington, Eden Prairie. and Edina have entered .into a joint and cooperative agreement for the purpose of conducting regional human service ..planning. efforts; and ` WHEREAS, the South Hennepin Regional Planning Agency requires that a local advisory group be established for the purpose of providing local planning direction to a regional citizens advisory commission; and WHEREAS, the City of Richfield has not previously established a commission, committee or other organization which can provide comprehensive human service planning information and data. NOW, THEREFORE BE IT RESOLVED, by the City Council of the City of Richfield, Minnesota, as follows: Section 1. The Richfield Community Human Services Planning Council is hereby established. Section 2. Purpose. The purpose of the Council shall be to advise the City Council on issues related to human services. The Council shall serve as a local human service advisory group in specific relation to the South Hennepin Regional Planning Agency. The Council shall work with City staff, other Boards and Commissions, community organizations, schools and individuals to assess-human service issues and needs within the City. Other specific responsibilities include: a. Work with human service liaisons on local planning issues and work plans. b. Serve as community resources to the regional office planning staff. c. Select two individuals from the ..Council to represent Richfield on the regional citizens advisory board. d. Form subcommittees to work on specific issues bringing additional members from the community into the planning process as required. e. Serve as liaisons to City Council. Section 3. Membership. The Commission shall consist of not less than 11 or more than 15 members. Membership shall be divided into two separate categories, Board and Commission membership and institutional membership. I ~-3 a. Board and Commission Membership. Board and Commission membership shall include one representative from each of the following organizations: the Advisory Board of Health, the Human Rights Commission, the.Human Services Commission, the Community Services Commission, the Planning Commission and the Housing and Redevelopment Authority. b. Institutional Membership. Institutional membership shall include representatives from the Richfield Foundation, ,the Richfield Public Schools, the Richfield League of Women Voters, the Richfield Ministerial Association and Richfield nonpublic schools. Section 4. Ex-officio Members. Ex-officio members shall include a Richfield City Council Member designated by the City Council, the Richfield City Manager or designate, the Richfield Director of Public Safety. or designate and the senior planner from the South Hennepin Regional Planning Agency. Section 5. Appointments. a. The City Council shall appoint the Board and Commission members for a three year term or until a replacement appointment is made. However, a Board and Commission member who, for any reason, ceases to be a member of their corresponding Board or Commission, shall no longer be a member of the Richfield Community Human Services Planning Council. b. Institutional members shall be appointed on an annual basis by the corresponding institution. Notice of appointment shall be provided to the City not later than January 31 of each year, except for appointments to fill vacancies which may be made at any time when an institutional vacancy occurs. Institutional members may serve until a replacement appointment is made. Section 6. Any of the following shall be cause for the office of a member to become vacated. a. Death. b. Failure to serve as demonstrated by failure to attend three regularly scheduled meetings within a calendar year. c. Resignation in writing. d. Removal by the City Council. e. For Board and Commission members only, upon termination of appointment to their corresponding Board and Commission. / ~-~ Section 7. Officers. The Richfield Community Human Services Planning Council shall appoint officers as necessary for the conduct of their business. Section 8. Rules of Order. The Council shall establish such rules or procedures necessary for the efficient and effective conduct of their business. Passed by the City Council of the City of Richfield, Minnesota this 25th day of November. Martin J. Kirsch .Mayor Thomas P. Ferber City Clerk ia- ~ SOUTH HENNEPIN REGIONAL PLANNING AGENCY JOINT AND COOPERATIVE AGREEMENT The parties to this Agreement are governmental units of the State of Minnesota. This Agreement is made pursuant to Minnesota Statutes Section 471.59 and supersedes all previous agreements between the parties relating to the organization created by this Agreement. .Upon execution of this Agreement by all parties, the organization hereby created shall automatically assume all debts, assets and contractual rights and obligations of the South Hennepin Regional Planning Agency created by joint powers agreement of the parties finally executed on October 21,-1986, which organization shall thereupon be terminated. Section 1. The general purpose of this Agreement is to provide an organization through which the parties may jointly and cooperatively coordinate the providing of human services, both publicly and privately, in the territory of the respective parties. Section 2. The organization formed by this Agreement, being governmental in nature, shall not be used or operated for the pecuniary gain, directly or indirectly, of any party of any member of its board. -The organization shall not participate or intervene in a political campaign on behalf of any candidate for public office. ARTICLE II. DEFINITIONS Section. 1. For- the purpose of this Agreement, the terms defined in this section have the meanings given them. CONVERSION22739 RC160-4 i a- ~ Section 2. "South Hennepin Regional Planning Agency," or "Agency," means the organization created pursuant to this Agreement, which is formally known as the "South Hennepin Regional Planning Agency." Section 3. "Board" means the board of directors of the Agency. Section 4. "City Council" means the governing- body of a party. Section 5. "Party" means a governmental unit which enters into this agreement. Section 6. "Governmental unit" means a city, however organized. Section 7. "Human services" includes but is not limited to services and facilities to deal with and serve human needs. Section 8. "Regional Citizen Advisory Commission" means an advisory Commission which consists of two representatives from a local advisory group for each party, one City Council member from each party, and one human services staff person from each party. Section 9. "Local Advisory Group" means the commissions, committees or other organizations which advise individual parties on issues relating to human services. ARTICLE. III. PARTIES. Section 1. The initial parties to this Agreement are the following governmental units: City of Bloomington City of Eden Prairie City of Edina City of Richfield CONVERSION22739 RC160-4 2 ~~-7 ARTICLE IV. BOARD OF DIRECTORS Section 1. The Agency shall be managed by the board of directors. Each party is entitled to one director, who shall be the City Manager or the City Manager's designee, unless otherwise specified by resolution of the City Council. Appointees shall remain in office until-such directors' successors are selected and qualified. The City Council may also, at its discretion, rescind such appointment. Section 2. A quorum of the Board consists of three directors. Section 3. A vacancy in the office of directors is filed by the Council of the city appointing the director. In the event the director whose position becomes vacant was also an officer, the Board shall fill the vacancy in that office. ARTICLE V. REGIONAL CITTZENS ADVISORY COMMISSION Section 1. There is hereby created an advisory body which shall be ;known as the Regional Citizen Advisory Commission (or "Commission"). The primary purpose of the Commission is to serve as the main communications link between the local advisory groups and the Regional Planning Agency and to advise the Board of Directors and the Agency staff on regional planning issues including the development and implementation of a citizen participation process. The Commission shall have such other duties as are delegated to it by the Board of Directors. The Commission shall review and comment on the annual work plan and budget submitted to it by the Board of Directors. Throughout the fiscal year, it shall review the progress made relative to the approved work plan. CONVERSZON22739 xcieo-a 3 ~ a-~ Section 2. The Commission shall consist of the following voting and advisory members: Two representatives from each party's Local Advisory Group (appointed by the, City Council); one City Council representative from .each party (appointed. by the City Council); and one human services staff person from each party (advisory only, non- voting)(appointed by the City Manager). There is no proxy voting. Each voting Commission member shall have one vote. The City Council of each party shall appoint its three Commission members. for terms of two years, who shall remain until such Commission members' successors are selected and qualified. The human services staff person from each city shall serve at the pleasure of the City Manager. No voting Commission member shall serve more than three terms . The City .Council may also, at its discretion, rescind such appointment. In January of each year, each City Council shall make two regular appointments of members whose terms shall be for two years, commencing on the following February 1. The Council shall adjust .terms upon initial appointments and shall adjust terms upon subsequent appointments from time to time, as necessary, so that terms shall be staggered to the extent possible. Section 3. A vacancy in the office of a Commission member is filled by the Council of the city appointing the Commission member. Section 4. In appointing the voting members of the Commission, each City Council will appoint one member from the City Council, and two members from the City's local advisory group(s). (In appointing the representatives-from the local advisory group, consideration may be given to health professionals, administrative officials, senior citizens, young adults of voting age, persons CONVERSION22739 RC160-6 4 ~a-~ engaged in law enforcement, members of the clergy, representatives of business and labor and others with special concerns related to .human service activities so that the Commission may be a representative sampling of the population of all of the parties. The City Councils should endeavor to avoid having more than one- half of the Commission members from any one group, profession or interest. ) The Commission shall advise the parties of the names and occupations of each of its members. The Gity Council of a party, however, shall have .complete authority to appoint. and to remove., at any time,- a member appointed by it. Such appointments may be made by a City Council pursuant to such restrictions and requirements as the City Council may require. If the City Council does impose restrictions or requirements on its Commission members, the .member must inform the Commission of those restrictions or requirements. Section 5. At the organizational meeting of the Commission, and in February of each year, the Commission shall elect from its members a chair, a vice-chair, and a secretary. Section 6. In .February of each year, the Commission members shall formulate by- laws governing its procedures, including the time, place and frequency of its regular meetings and the manner of calling special meetings. Such rules and regulations must provide for a minimum of four meetings a year on a quarterly basis. The by-laws may be amended from time-to-time subject to the provisions of this Agreement. The by-laws of the Commission shall be submitted to the parties for. approval by their respective City Councils. Section 7. The Commission may create an executive committee and other committees as it may deem necessary pursuant to its by- CONVERSION22739 RC160-4 rj ~ a-~ o laws. The executive committee shall include at least one member -from .each of the parties and the Commission may authorize it to exercise specified .powers of the Commission between Commission meetings, subject to the limitations .imposed upon it by the Commission. ARTICLE VI. BOARD OF DIRECTORS MEETINGS - ELECTION OF OFFICERS Section 1. At the organizational meeting of the Board, and in February of each year, the Board shall elect-from its members a chair, a vice-chair, a secretary and a treasurer. More than one office may be held by a director. Section 2. In .February of each year, the board of directors shall. adopt or amend .rules .and regulations governing its. procedures, including the time, place and frequency of its meetings and the manner of calling special meetings. Such rules and regulations may be amended from. time-to-time subject to the provisions of this Agreement. Section 3. The Board may create an executive committee and other committees as it may deem necessary pursuant to its by-laws. The executive committee-may be authorized to~exercise specified powers of the board of directors between Board meetings, subject to the limitations imposed upon it by the Board. ARTICLE VII. POWERS AND DUTIES OF THE AGENCY Section 1. The powers and duties of the Agency acting through the Board include the powers set forth in this section. Section 2. It may employ a person to act as senior planner. Section 3. It may make such contracts as are necessary to effectuate the purposes of this Agreement. CONVERSION22739 RC160-4 O ~a- ~ i Section 4. It may employ such other persons as it deems necessary to accomplish its powers and responsibilities. Persons may be employed on a full-time, part-time or consulting basis, as the Board determines. Section 5. It may conduct research and investigation regarding existing and possible future human services facilities and programs and may develop a proposed plan for providing and coordinating of human services in any or all of the areas of (a) mental health, (b) mental retardation, (c) drug and alcohol abuse, (d) family counseling, and (e) other related or similar problems. Section 6. It may prepare an inventory of human service facilities, services and agencies, both public and private, available to persons residing in the cities. It may make a cost analysis of any existing or proposed human services programs, may call attention to human service needs and human services programs and may undertake to coordinate human service programs, public and private, within the territory of the cities. Section 7. It may apply for and receive financial support in the form of grants from any organization or agency in order to accomplish its purposes and may enter into the agreements necessary to obtain the support, upon approval by all city councils. Section 8. It may invest and reinvest funds not needed for current operating expenses, if any, in the manner applicable by law to statutory cities. The Agency may not incur obligations in excess of funds available to it. Section 9. It may contract for space, material" and supplies. Section 10. It must make a financial accounting and report to the parties at least once. each year. Its books and records shall CONVERSZON22739 AC160-4 7 /~-ice be available and open to examination to authorized representatives of the parties at all reasonable times. Section 11. It shall secure insurance to protect the Agency, the Board, the offices and employees of the Agency and the parties in such form and amount as are agreed by all parties. Section 12. It may conduct human service .programs within the territory of the parties, provided that the undertaking of any such program shall first have been approved by the Council of all four of the parties, and provided that it transfers control and direction of the program to another entity within two years, unless otherwise authorized by the parties.. .Any such program may be submitted to-the .parties in conjunction with the annual budget of the organization, or it may be submitted between budgets at any time. Section 13. It may exercise any other power necessary and convenient to the implementation of its powers and duties under the provisions of this Agreement. Section 14. No director may on the basis of sex, race, creed, national origin, color, religion, age, or disability, be excluded from the participation on-all decisions of the Board. Nor may a director be treated differently from the other directors. All directors-shall have the same voice on the Board. ARTICLE VIII. FINANCIAL MATTERS Section 1. Agency funds may be expended by the Board in accordance with the procedures established by law for the expenditure of funds by statutory cities. Orders, checks and drafts shall be signed, and other legal instruments shall be executed on behalf of the Agency as provided in the by-laws. CONVERSION22739 AC160-4 8 ~a-l3 Section 2. Contracts shall be let and purchases made in conformance with the legal requirements applicable to contracts and purchases of optional Plan B cities and _for such- purposes the senior planner, if any, shall be deemed to occupy a position equivalent to that of a city manager.. Section 3. The Board (1) is strictly accountable for all funds received and for all funds expended by it, (2) must have an annual audit of its books, and (3) must make an annual report of all of its receipts and disbursements to each. of the parties. Section 4. A proposed annual budget must be formulated by the Board of Directors, submitted to the Regional Citizens Advisory Commission for its review and comment, and submitted to the parties on or before. .August 1 for their approval. The budget. shall be deemed approved by a party unless, prior to October 17 of the year involved, the party gives notice in writing to the Agency that it does not approve the budget. The budget shall. be .revised and resubmitted to the .parties until it is approved. Final action adopting an annual budget year shall be taken by the Board on or before November 30. The parties shall be obligated to .pay the amount specified as their contribution in the budget unless that party has withdrawn pursuant to Article IX. Section 5. Except as authorized by law, no member of the Board or other public officer of the organization who is authorized to take part. in any manner in the making of any sale, lease or contract may voluntarily have a personal financial interest in such transaction or personally benefit financially therefrom. A director may not be employed to perform or be compensated for-the performance of services. for the Agency. CONVERSZON22739 RC160-Q 9 ~a-~~ Section 6. The fiscal year of the Agency is the calendar year. ARTICLE IX. DURATION Section 1. The Agency shall continue from year to year unless the number of parties is less than three. A party may withdraw from the Agency effective at the end of December 31 of any year by giving written notice of withdrawal no later than December 15 of such year. A withdrawing member shall be obligated to pay to the Agency, within 5 days after withdrawal, an amount equal to 25~ of that party's annual contribution in the year in which notice of withdrawal is given; provided; however, that a party giving more than one year's notice of withdrawal shall not be obligated to make any contribution to the Agency after the effective date of such withdrawal. The withdrawing-party shall continue to be a party to this Agreement until the effective date of such notice of withdrawal. The Agency may also be terminated by mutual agreement of all of the parties at any time. Section 2. If a party withdraws from the Agency. before the termination of the Agency, the party .has no claim to the assets of the Agency. If the Agency is terminated by mutual agreement of all of the parties to-the Agreement, surplus monies of the Agency shall be returned to the parties in proportion to their respective contributions. If there have been no such contributions by such parties, surplus monies of the Agency shall, upon termination of the Agency, be returned to the parties in equal shares. ARTICLE X. EFFECTIVE DATE Section 1. This Agreement is effective on the date on which a fully executed copy of this Agreement, together with a certified CONVERSION22739 RC160-4 l ~ i~.- ~~-- copy of a City Council resolution of each of the parties authorizing its execution, is filed with the City Clerk of each city. This Agreement may be executed in any number of counterparts, each of which may be considered an original copy. IN WITNESS WHEREOF, the undersigned parties have caused this Agreement to be signed by their duly authorized officers as of .the date indicated after their respective executives. CITY OF BLOOMINGTON By Its Mayor DATED: By Its .Manager CITY OF EDEN PRAIRIE By Its Mayor DATED: By Its Manager CITY OF EDINA By Its Mayor DATED: By Its Manager CONVERSION22739 RC160-4 1 1 / ~-1~ DATED: CITY OF RICHFIELD By Its Mayor By Its Manager CONVERSION22739 RC160-4 1 Z /! CITY OF RICHFIELD, MINNESOTA Council Letter No. 304 Agenda November 25, 1991 Issue Statement• . Consideration of a resolution to amend the Letter of Understanding between the City of Richfield and the City Manager, adjusting compensation. Background• Mayor Kirsch requested that consideration of a resolution adjusting the compensation of the City Manager be placed on the October 14, 1991 Council agenda. Action on this item was then deferred by the City Council to the November 25, 1991 City Council meeting. Recommended Motion: Basis of Recommendation: Discussion/Decision Mode: This has been placed on the November 25, 1991 agenda for Council consideration. Respectfully submitted, CAK:ttf ii- ~ RESOLUTION NO. RESOLUTION AMENDING THE LETTER OF UNDERSTANDING BETWEEN THE CITY OF RICHFIELD .AND JAMES D. PROSSER, CITY MANAGER NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield, Minnesota as follows: The following sections of the Letter of Understanding between the City of Richfield, Minnesota and James D. Prosser, dated July 14, 1986, is amended as follows: Section 5, Salary: Employer agrees to increase the City Manger's annual base salary of $75,801 by $ retroactive to September 1, 1990, and to increase the revised base salary by $ effective September 1, 1991, payable in installments by the same time as other employees of the employer are paid. Passed by the City Council o.f the City of Richfield, Minnesota, this 25th day of November, 1991. Martin J. Kirsch, Mayor ATTEST: Thomas P. Ferber, City Clerk v CITY OF RICHFIELD, MINNESOTA Council Letter No. 303 Agenda November 25, 1991 Issue Statement• Second reading of an Ordinance repealing the City of Richfield's CATV Relief Ordinance, Ordinance No. 1985-13, and CATV Relief Ordinance amendment, Ordinance No. 1988-22; consideration of a resolution approving settlement regarding revisions and extension of certain terms of the CATV Relief Ordinance. Background• In 1985, the Southwest Suburban Cable Commission (SWSCC) and Roger Cablesystems of Southwest, Inc., KBL's predecessor entered into agreement temporarily relieving Rogers from certain obligations under the Franchise Agreement (the "Relief Agreement"), as a result of Roger's financial difficulties. The City of Richfield adopted CATV Relief Ordinance No. 1985-13 on June 10, 1985 to provide a means by which-the public could continue receiving about the same level of service while affording the Grantee a reasonable opportunity for financial recovery. In early 1989, the SWSCC, Member Cities (Richfield, Eden Prairie, Edina, Hopkins and Minnetonka) agreed to extend and modify the terms of the Relief Agreement (the "Relief Extension Agreement") for KBL. KBL had purchased the cable system from Rogers. Under the terms of the Relief Extension Agreement, KBL reserved the right to request further extension of the Relief Agreement, now set to terminate on March 1, 1992. On August 27, 1990, KBL notified the SWSCC of its desire to continue the Relief Agreement and the negotiations between the parties began. A summary of the key elements of the 1991 CATV Relief Extension Agreement is attached. The SWSCC adopted a resolution on October 23, 1991 approving the modifications and extension of certain provisions of the Relief Ordinances and related documents (attached). All of the Member Cities must adopt a similar resolution approving a settlement with the grantee under the City's Cable Communications Franchise Ordinance and authorizing all documents necessary to evidence the repeal the Relief Ordinances and effectuate the Local Programming Restructing Ordinance. The City of Richfield resolution is attached. The Member Cities of the SWSCC are also being asked to consider and approve at their council meetings a Restated Performance Agreement and Consent Agreement. A complete set of the documents will be available at the meeting. O-~ Recommended Motion: The City Council is recommended to take the following action: 1. Hold the public hearing, consider and ,.approve second reading of an Ordinance repealing the CATV Relief Ordinance, Ordinance No. 1985-13, and CATV Relief Ordinance amendment, Ordinance No. 1988-22 providing for the continuance of certain aspects of the CATV Relief Ordinance, as amended, and restructuring the manner in which local programming is funded. 2. Approve a resolution approving a settlement with the Grantee Under the City's Cable Communications Franchise Ordinance regarding revisions to and extension of certain terms of the CATV Relief Ordinance as Amended, based upon enactment of the Local Programming Restructuring Ordinance and Modifications to other related agreements. 3. Approve the execution of the Restated Performance Agreement and Consent Agreement documents. The documents will be available at the Council meeting. Basis of Recommendation: 1. The SWSCC has reviewed the necessary documents modifying and extending certain provisions of the Relief Ordinances, as set forth in Local Programming Restructuring Ordinances to be enacted by each Member City, as well as modifying certain provisions of certain agreements entered into pursuant to Relief Ordinances, and finds them to be acceptable and recommends their. adoption by Member Cities. 2. The SWSCC, at its regularly scheduled meeting on October 23, 1991, adopted a resolution approving a settlement with KBL under the Cable Communications Franchise Ordinance regarding revisions and extension of certain provisions of the CATV Relief Ordinance as amended (attached). 3. The Member Cities of the SWSCC must give approval to the 1991 CATV Relief Extension in order for the Relief Agreement, first entered into in 1985 and extended in 1988 to remain in effect. 4. The Member Cities must sign all-documents necessary to repeal the Relief Ordinances and effectuate the Local .Programming Restructuring Ordinances. The documents must include those listed on Exhibit 2 ("Documents") attached to the City's resolution approving settlement regarding. revisions and extension of certain terms of the CATV Relief Ordinance. 5. The City Attorney has reviewed and approved the relief - ~ extension documents. ~~ Alternative Recommendation: 1. The Council could decide not to adopt the ordinance repealing the City of Richfield's CATV Relief .Ordinance and CATV Relief Ordinance amendment, and not adopt the resolution and related documents approving settlement regarding revisions and extension of certain terms of the CATV Relief Ordinance. Discussion/Decision Mode: These items are scheduled for Council action at the November 25, 1991 City Council meeting. Respectfully submitted, James Prosser City M ager JDP:kb Attachments / - ........ - __ ... _.. " :GO X1055 ~c B~R.ti ~ ~. ~..~,,.~~.J~.7av1 r E"iT~ •~t)00 ~)cR'rat Cencrr 90 5uuch 5c~~ench >creet • ~tuutra~iis. fit` »-~U?•-~1I9 r GI?) 3•~'-0300 ~ O ,~ n, _ :.~z>~ ti SUI~SARY OF ICY ELEI~NTS TO BE INCLUDED IN AGREEI~NT TO EXTEND RELIEF 7/24/91 Unless otherwise identified the changes begin August 1, 1992: • 5~ franchise fee to Cities • Paragon Cable assumes full responsibility for 'local programming' • News show production beginning November 24, 1991 • Annual budget 5347,000, escalated by 5~ each year and deducted from gross revenues prior to calculation of the franchise fee • Beginning November, 1993, news show will continue or =100,000 of .budget will be devoted to local origination • Continued coordination of programming with Cities and Commission • Retain service levels, equipment repair and replacement as defined in Performance Agreement and current contracts for local programming • No itemization. of cost: for ..local programming on customer bills for at least 2 years (July 31, 1994) • Cooperation and .participation between Paragon Cable and Commission to create meaningful reporting .requirements • New agreement terminates upon sale or transfer 3372040 Cicies ~~f Eden Prairie. Edina, Hupkins. ~iinnetonla 8 Richfield 5482124 ~~ ~ ~4. \: FREQUENTLY ASRED QUESTIONS REGARDING ~; TFiE 1991 CATV RELIEF EXTENSION lO-~ ~' ~ The following are frequently asked questions regarding the 1.991 CATV relief extension and answers to these questions: I. As part of the Relief Extension, can we require that the cable operator provide particular programming to subscribers, such as the Midwest Sports Channel? Response: No. The Federal Cable Act prohibits the franchising authority from requiring that the cable operator designate channel capacity for any particular use, except in the case of public, educational or governmental use. -2. Can we require that-the cable operator freeze its rate increases for some period of time, in connection with the Relief Extension? Response: No. The Federal Cable Act prohibits the franchising _ authority from. regulating the rates charged by the cable operator for services, except in certain circumstances which do not apply here. 3. Can the SWSCC and its member cities benefit from the cost savings and ultimate economic return to the cable operator afforded by Relief Extension, by requiring that the cable operator pay a portion of its profit in the event of a sale of its system? Response: It :is possible that an agreement with the cable operator to share in system. equity could be challenged as a franchise fee, in excess of the 5~ limit set under the Federal. Cable Act. There have been ao court decisions on this issue. Similarly, an agreement requiring a rebate to subscribers, in the event of a profitable sale of the system or on renewal, could also be seen as a franchise fee payment. .Given the lack of clarity in this area, it is advisable for the Commission to pursue benefits in .other areas, such as local origination programming and outright payment of the full 5~ franchise fee. io-~' i ~\ z 0 F U d w ° O~i Qi A z w a U .~ ~ L C1 {gyp Rf , N N ~~ ... cn cII W ° 00 u'1 z ~ N ~ N .-~ ,y N N rl V H N U~ 'v v> >.+ ~ 3 ro 7a ~ L ~ ~ r.. .r 1 fA G7 'T'I (J 1"'i 1..~ .A L ~ ~ O "y C4 Z may' N ..~ M n ~7' ..a .,~ C O , N N i W ~ y .~ L ~ ~ I v U U U "~ ~ " N Cf~ ~p ..r N N ""~ n N v ~ 0 J O 47 ~ ^ .. ,-1 .,,~ J .~ ` N ~+ 1•+ 7 -~ v '''~ ri y M a ~ ~' ~ c ae a a ~ ,r, ~, ~ 4 O N . i C~ ~ ~ ~ ""'~ n N ^ ~ v v v N ~ O v 1 ~ G ~ ~ ^ b d 0 v C O N v '-i ~ 1-1 L y j d O O w ~ C C V C ~ ~ M . V O U "'~ ~ ' ~ ^ W A N t 1 . i N E i i t U c*~ 1+ Ql .a ~T tf1 E N 47 ~+ u v u A E .~ G 'CJ > CJ C O > cG ~ O. ~ Z C~ ~-+ 'O ~ a0 'Q R C }+ ^~ C N CJ co 00 N E C u~ N n'f C7 RJ fa N 9 i.i N >.+ ° ~ ° 1 ~ z ,t ~ 0 ,a O ~ E u O w a~ v u L, °~ o° e o U b G1 Z w ° ~ ~ ~ w O O w c0 >, w ~ ~ ~ b ~ A E c0 C 'v ~ ~ ' 1 >, ~ O to c0 C) ~ C 1 bOC H 1 3 u ~ I ~ Cq Cl I to ,-~ C i ~ to G C7 u C Cl C LI ~ 41 rl '*1 ~1 Cl ,'~ L Sa u Cl c0 G! ~1 Cl ~ .~ 'C ~ Sa ~ U7 O C7 Ar c0 U M vw U C C ,x C .~ Cn Gl ~rl 4 C U cnwW S~W ! t~ -(~ ORDINANCE N0. An Ordinance Repealing the CATV Relief Ordinance, Ordinance No. 1985-13, and CATV Relief Ordinance Amendment, Ordinance No. 1988-22, Providing for the Continuance of Certain Aspects of the CATV Relief Ordinance, As Amended, and Restructuring the Manner in which Local Programming is Funded The City Council of the City of Richfield ordains as follows: Section 1. Short Title This Ordinance shall be known as the "Local Programming Restructuring Ordinance." Section 2. Background and Purpose In 1984, Grantee requested that the Southwest Suburban Cable Commission ("SWSCC") and Member Cities substantially restructure certain aspects of the Franchise in response to the serious financial .difficulties experienced by the Grantee. The SWSCC and Member Cities enacted the CATV Relief Ordinance and entered into. the Performance Agreement in response to Grantee's request. The result was to reduce Grantee's Local programming Obligations and Franchise Fee requirement, provide Grantee with an incentive to refinance its debt obligation and increase the involvement of the SWSCC and Member Cities in funding Local Programming Obligations and monitoring Grantee's performance. The CATV Relief Ordinance Amendment was enacted in 1988 as a part of the transfer of control of Grantee and resulted in the continuance of the CATV Relief Ordinance with some modification. In 1990, Grantee petitioned SWSCC to extend the provisions of the CATV Relief Ordinance and CATV Relief Ordinance Amendment (collectively "Relief Ordinances") through the term of the franchise. The SWSCC and Grantee reviewed the request through a franchise. .The SWSCC and Grantee reviewed the request through a series of meetings of the SWSCC operating committee and commission. The parties concur that the implementation of the Relief Ordinances has contributed to the achievement of the original goal of the SWSCC and its Member Cities: stabilizing improving the financial condition of the Grantee. As a result, certain SWSCC oversight responsibilities and reporting requirements imposed by the Relief Ordinances and Performance Agreement are no longer necessary. The SWSCC and Grantee also concur that certain changes in the usage of channels on the cable system and the provision of access programming, community access programming and local origination programming (collectively "Local Programming") resulted in a channel line-up including more satellite programming services l o -~ than originally proposed by Grantee, as well as focusing Local Programming channels so as to better serve the Member Cities. The resulting programming line-up provides diversity and appeal to.CATV subscribers while maintaining a strong Local Programming component. It was agreed that the mix and level of satellite services and Local Programming should be continued. Finally, it was determined that since Grantee had .improved and stabilized its financial condition, it should. assume full responsibility for funding Local Programming as was contemplated at the time of the Franchise award. Since the SWSCC will no loner be a direct participant in the funding of Local Programming, it was determined that the role of the SWSCC in the oversight of Local Programming should be restructured. The SWSCC has adopted a resolution approving the modification and extension of certain provisions of the Relief Ordinances and related documents ("SWSCC Resolution"). Each of the Member Cities must also adopt a similar Resolution.- This Ordinance will be effective only if the terms of the SWSCC Resolution are satisfied and Grantee agrees to be bound by the terms of this Ordinance through the execution of an Acceptance Agreement. Section 3. Relationship to Cable Communications Ordinance. This ordinance does not permanently amend any provision of the Cable Communications Ordinance (the "Franchise") but provides that certain provisions of that ordinance are modified for a period of time as provided herein. Except as expressly modified in this ordinance and related agreements entered into pursuant to this. Ordinance, the provisions of the Franchise remain in full force and effect. In the event of a conflict or inconsistency between the Franchise or offering and any provision of this Ordinance, the Restated Performance Agreement or any other document entered into pursuant to this ordinance,. the provision of this ordinance, the Restated Performance Agreement or said document entered into pursuant to this ordinance shall be controlling so long as this ordinance remains in effect. Section 4. Definitions. Subdivision 1. The definitions in the Franchise also apply to this ordinance. Subdivision 2. In addition, the following words and phrases shall have the meanings given them: (1) "Franchise" means the Cable Communications Ordinance as now or hereafter amended. (2) "Local Programming" means access, community access -- and/or local origination programming as set forth in the Restated Performance Agreement. /©-8 (3) "Local Programming Obligations" means Grantee's obligations under the Franchise and the Offering for cablecast access, community access and local origination programming . (4) "News Show" means that show produced by Grantee pursuant to an Agreement with the SWSCC dated January 23, 1991. (5) "Relief Ordinances" means the CATV Relief Ordinance as modified by the CATV Relief Ordinance Amendment. (6) "Restated Performance Agreement" means that contractual agreement between Grantee, City and SWSCC establishing the terms and conditions under which Grantee will be required to fund and otherwise fulfill its Local Programming requirements and establishing reporting standards and criteria for Franchise compliance in other areas. (7) "Restructured Local Programming Obligations" means Grantee's access, community access and local origination programming obligations as set forth in the Local Programming Restructuring Ordinance and the Restated Performance Agreement. Compliance with the Restructured Local Programming Obligations shall-supersede and be in complete satisfaction of the Local Programming Obligations. Section 5. Repeal of Relief Ordinances. This Ordinance hereby repeals the CATV Relief Ordinance, Ordinance No. 1985-13 and the CATV Relief Ordinance Amendment, Ordinance No. 1988-22 effective August 1, 1992. Through July 31, 1992, the provisions of the CATV Relief Ordinance as amended shall remain in effect unless specifically superseded by this Ordinance. Section 6. Financial Terms. While this Ordinance is in effect the obligations of Grantee are modified to the extent provided in this section. .Subdivision 1. Franchise Fees - Percentage. The annual franchise fee shall be 5$ of gross revenues payable as follows. An annual franchise fee of 4~ shall be paid to City in equal quarterly payments on or before the first day of each of the months of November, February, May and August next following the. end of Grantee's fiscal year. These payments are consistent with the payment arrangement contained in the Relief Ordinance. In addition and pursuant to the new local programming funding commitments set forth in Subdivision 4 herein, an annual franchise fee of 1$ shall be paid to City in quarterly payments on or before the first day of each of the months of .November, ro-9 February, May and August on current year revenues beginning August 1, 1992. For purposes of calculating the annual franchise fee, all amounts spent to fund the Restructured Local Programming Obligations shall be deducted from Gross Revenues. Subdivision 2. Letters of Credit. The City Council may by resolution reduce the required amount of the Letter of Credit below $50,000 if in its sole discretion it determines that a lesser amount is reasonable and adequate to protect the public. It may thereafter, by resolution, require the amount of the Letter of Credit to be increased or fully restored to the amount of $50,000. Grantee shall comply with this requirement within sixty days after written notice has been given by the City. Subdivision 3. Performance Bond. The Grantee may dispense with the $300,000 performance bond required by the Franchise. The City Council may thereafter by resolution require that such bond, or similar bond in a lesser amount, be provided by Grantee. Grantee shall comply with this requirement within sixty days after written notice has been given by the .City. Subdivision 4. Restructured Local Programming Obligations. Beginning with the third weekly show of November, 1991, Grantee shall assume responsibility for funding the production of the News Show. The News Show shall continue to be produced in a manner which is generally consistent with the terms of the Agreement between Grantee and the SWSCC, a copy of which is attached hereto as Exhibit 1. However, the role of the SWSCC and the Member Cities shall be advisory in nature an neither the SWSCC or Member Cities shall be required to provide ongoing direct financial support for the News Show. Grantee shall be obligated to continue to fund and produce the News Show for a period of two (2) years through the second weekly show of November, 1993. Thereafter, Grantee shall be required to expend at least $100,000 annually of its total funding requirement .under the Restructured Local Programming Obligations on local origination programming. Such funding shall be expended by Grantee in consultation with the SWSCC, as set forth in the Restated Performance Agreement. All provisions of the Relief Ordinances and Performance Agreement related to the funding of Local Programming shall remain in effect through July 31, 1992. Beginning August 1, 1992, Grantee shall assume full responsibility for funding the Restructured Local Programming Obligations. From August 1 through December 31, 1992, the budget for local programming shall be 5/12ths of $347,000; provided that Grantee shall be required to meet all Restructured Local Programming Obligations, including the production of the News Show, irrespective of the actual cost of meeting such obligations. Thereafter, the annual budget shall be escalated by an amount equal to five percent (5$) as estimated in Exhibit 2 hereto. Throughout the term of this Ordinance, Grantee io-w shall consult with the SWSCC concerning the provision of the Restructured Local Programming Obligations pursuant to-the terms of the Restated Performance Agreement. The expenditures made pursuant to this subdivision shall be in complete satisfaction of Grantee's total Restructured Local Programming Obligations during the period of this ordinance and shall be deemed to satisfy Grantee's Local Programming Obligations as well. The amount of funding for the Restructured Local Programming Obligations shall not include any costs of operation, capital for access equipment replacement or administration not directly related to the provision of Local Programming. Grantee shall be responsible to maintain or replace, as necessary, the equipment listed in the Exhibit to the Contract for Local Programming Facilities, which is Exhibit 1 to the Performance Agreement, and shall not offset such expenditures against the funding for the Restructured Local Programming Obligations. Section 7. Automatic Termination of Relief Ordinance Provisions. The provisions of this ordinance, and the reduced financial terms contained herein may, at the option of the City, cease to be effective, upon-the occurrence of the earliest of any of the following events: Subdivision 1. Failure of the Grantee to restore or replace the full required amount of the Letter of Credit as provided in Article VIII, Section 4, paragraph H of the Franchise. Subdivision 2. Failure of the Grantee to restore, replace or increase either a Letter of Credit or bond within sixty days of written notice by the City, as provided in Section 6, Subdivisions 2 and 3 of this ordinance. Subdivision 3. A holding or determination by any court or agency that any term, condition or provision of this Ordinance is invalid or unenforceable, as a result of any action taken by Grantee or anyone acting on Grantee's behalf seeking such determination. Subdivision 4. Sale or transfer of all or substantially all of the System to a person or entity other than a parent, subsidiary, related corporation, affiliated corporation, partner or joint venturer of Grantee or any parent of Grantee. Subdivision 5. Termination of the Franchise. Section 8. Other Terminations. This ordinance may also be terminated for cause, under the same procedures for termination as are contained in the Franchise, for the following reasons: ~`~ , Subdivision 1. All grounds for termination provided in the Franchise and the Local Programming Restructuring Ordinance, except to the extent that Grantee's performance obligations are modified in the Local Programming Restructuring Ordinance. Subdivision 2. Failure of the Grantee to comply with any of the material provisions of the restated Performance Agreement. Section 9. Effective Date. This ordinance shall be effective upon passage and adoption by City and upon satisfaction of all of the following conditions: (1) Publication of this Ordinance; (2) Passage and adoption by each of the Member Cities of the SWSCC of an Ordinance similar to this Ordinance within 90 days of the adoption of this Ordinance. (3) Execution by Grantee of all documents necessary. to repeal the Relief Ordinances and effectuate the Local Programming Restructuring Ordinance. Such documents shall include, but not be limited to, those documents listed on Exhibit 3 attached hereto ("Documents"). The executed Documents shall be delivered at a closing to be held at the office of the SWSCC administrator within 90 days of the passage of the Local Programming Restructuring Ordinance by the final Member City ("Closing"). (4) Conformance with the provisions of Article XIV of the Franchise including delivery to the City of the acceptance, opinion of legal counsel, guarantees, and other documents as required by-said Article XIV, before or at Closing. Passed by the City Council of the City of Richfield, Minnesota this day of 1991. Martin J. Kirsch Mayor Action on above ordinance: Date of .first reading: Date of second reading: Motion for Adoption: Seconded by: Voted in favor: Voted against: Abstained: Absent: Ordinance adopted: Date of Publication: AG~'AT FOA PROGRAM SERVICES ~ o--~a E~shibit 1 Referenced in Oniinance This a1GREEMENT-made and entered into by and between the Southwest Suburban .Cable Commission, a Joint Powers Commission organized pursuant to the, laws of the State of Minnesota, hereinafter referred to as the 'SwSCC', and Paragon Cable of Minnesota, hereinafter known as 'Contractor'. WITNESSETH: WHEREAS, the SwSCC wishes to purchase the services of the Contractor to provide videotape programming for a news-show to be known as 'Southwest Community News'; and WHEREAS, the Contractor. has the capability and personnel to provide the programming desired by the SWSCC; and WHEREAS, the Contractor understands and the SwSCC likewise understands that in order to provide the programming that is desired by the SWSCC, the cooperation of both the SWSCC and Contractor will be essential; and WHEREAS, the SWSCC has made available funding for the purchase of the services of Contractor; and NOW, THEREFORE, in consideration of the mutual undertakings and agreements hereinafter set forth, the SwSCC and the contractor agree as follows: I. RESPONSIBILITIES OF THE PARTIES A. Contractor Resaone;t,;t;*;oc; 1. Southwest Camm~n;t~~ News Show. Contractor will develop and produce fifty-two (52) weekly news shows covering events and issues both relevant and timely to the five Southwest Cities, members of the SWSCC. Contractor, in providing and developing the news show, will rely heavily on the cooperation and assistance of each of the five Southwest Cities. The story-`ideas and contacts will be provided by each of 'the Cities on a weekly basis. It is the understanding of the Contractor and the SWSCC that in the event any City does not provide information or .assistance in a timely manner, it will result in uneven representation of .the Cities and perhaps higher production costs. 2. Southwest CommLr„~v News Shew Format. The program will be a 30-minute news show with generally short (1-4 minutes) news items. The Contractor will ezplore with the SwSCC the option of including studio interviews or more indepth reporting of complex tJ and/or controversial issues. Any change in the ©~~ 3 format brought about by specific requests of the ~~ SWSCC may require further costs. However, Contractor understands that any changes will not be initiated without first receiving the authority of the SWSCC. 3 . Sout haves t Com3nun i tv News Sch ~+~ t ; .+R The show will be simulcast on Channel 34 (to the •five Member Cities) a minimum of fourteen (14) times over a seven (7) day period with each show being first shown each Friday at 6:30 p.m. The show will also be shown during two (2) time slots each week on Channel 6, the Regional Channel. Additionally, each Member City has the option to request the contractor to schedule up to three (3) narrowcasts (to that City). each week. All such requests for narrowcasting shall. be in ~' -writin ever thirt g Y y (30)'days and with not less than seven (7) days advance notice to contractor. All playback of the show will be within the ~aularly echeduled olavba~lc ho arc (as defined by the Access Rules). Contractor will ezperiment with other time slots in order to identify the most watched time slots; however, schedules will be published in advance and minimal changes will be made. 4. ~.uthwest Comm ~r~ *v News Show Viewer Fea~tfia~ti, Contractor will have a dedicated phone line providing 24-hour feedback by subscribers to its cable system. The purpose of this will be to provide timely information to contractor, as well as the SWSCC, about the interest of the viewing public in the news show. 5. Promotion & Evalua ~~.+• a. The Contractor will cooperate with the Cities in providing information to enable the SWSCC to promote the program. Press releases and schedules will be prepared by the SWSCC on its letterhead. b. Contractor will assist in evaluation, providing information and counsel based on its ezperience and resources. 6. Cooeeration. Contractor understands that its timely performance of the provisions of its responsibilities included herein are essential to bring about the best possible news show. Further, Contractor understands that it will need to assist and work with appropriate representatives designated by each of the five Southwest Member Cities. Contractor agrees that it will designate specific :....persons who will have the responsibility to ensure • the production of the programming and to coordinate with representatives of the City. c..~ _2_ H. Responsibilities of SWSCC: . ~a-1~ 1. Cooperation in the DeVelnnrnonf of News a~ ws. -Each of the Member Cities to the SWSCC will designate a contact person for the Contractor. It will be the responsibility of each person so designated by the City to coordinate with and work with tihe representatives of the Contractor to ensure the initiation of `the story, ideas, and content of programming to be developed by the Contractor. 2. Facilities. The SWSCC will ensure that its Member Cities will provide reasonable access to their facilities for the Contractor to ensure that the Contractor is able to provide at the various Cities' facilities news shows in response to the request of the designated individuals of_the City. 3. Promotion. The SWSCC will be responsible for promotion and marketing.the show and for costs it incurs for such purposes. However, it is understood that it will have the assistance of Contractor and its a=pertise. Further, it is understood that Contractor will include a .listing of the show in the Cable Guide. 4. Focus. The SWSCC may, at any time, with the assistance of Contractor, conduct, a survey, focus group review, or incorporate other measures to evaluate the -impact of the show and the subscriber acceptance of it. Costs for any such evaluation shall be the responsibility of the SWSCC, ezcept the .reasonable time and service of Contractor devoted to providing assistance. II. TERM AND TERMINATION A. Term: This Agreement shall. be for a 12-month term consisting of fifty-two (52) weekly shows beginning November 17, 1990. B. -Termination: 'Either party may terminate this Agreement by giving 30 days written notice to the other. III. COST AND PAYI~NT A• ~~t: Each show will be produced at a cost not to ezceed 51,962.50. B. Monthly Statem nr~; Contractor will submit monthly billing statements to the SWSCC with payment due within 30 days of the date of the billing statement. ~_ -3- Io-~s'` IV. INDEPENDENT CONTRACTOR The Contractor shall select the means, method, and manner of performing. the services herein. Nothing is intended or should be construed in any manner as creating or establishing the relationship of co-partners between the parties hereto or as constituting the Contractor as the agent, representative, or employee of the SWSCC for any purpose or in any manner whatsoever. The Contractor is to be and- shall remain an independent Contractor with respect to all services performed under this Agreement. The Contractor represents that it has or will secure at its own ezpense all personnel required in performing services under this Agreement. Any and all personnel of the Contractor or other persons while engaged in the performance of any work yr services required by the Contractor,,under this. Agreement.shall not°have any contractual relationship with the SWSCC or its Member Cities; and shall not be considered employees of the SWSCC or its Member Cities. Any and all claims that may or might arise under the Unemployment Compensation Act oz the workers' Compensation Act of the State of Minnesota on behalf of said personnel, arising out of employment or alleged employment, including, ~ without limitation,. claims of discrimination against Contractor, its officers, agents, contractors, or employees, shall, in no way, be the responsibility of the SWSCC or its Member Cities. The Contractor shall defend, indemnify, and hold the SWSCC and its Member Cities ,and any of their officers, agents, and employees, harmless from :.any ..and all such .claims irrespective of any determination of any pertinent, tribunal, agency, board, commission, or court. Such personnel or other persons shall neither require nor be entitled to any compensation, rights,. or benefits of any kind whatsoever from the SWSCC or its Member Cities, including, without limitation, tenure rights, medical and hospital care, sick and vacation leave, workers' compensation, unemployment insurance, disability, severance pay, and PERA. V. INDEMNITY AND INSURANCE A. The Contractor;,agrees to defend, indemnify, and hold the ': SWSCC, its officers, employees, and agents, harmless from ,any liability, claims, damages, costs, judgments, or ezpenses, including reasonable attorney's fees, resulting directly or indirectly from any act or omission ~includinq without .limitation professional errors or omissions) of the Contractor, its agents, employees, or assignees in performance of the services provided by this Agreement and against all loss by reason of the fai-lure of said Contractor to fully perform, in any respect, all obligations under this Agreement. ~. H. In order to protect itself, as well as the SWSCC, under the indemnity provisions here and above set forth, ,, the, Contractor agrees at all times during the term of this Agreement to have and keep in force: l~ -4- ~ o-!~ 1. A sin le q limit or combined limit or access umbrella professional liability insurance policy covering the activities of- the Contractor while performing services for the SWSCC, through its Member Cities, in the following amounts: sl-million for personal injuries and/or damages, and Z1-million for total personal injuries and/or damages arising from one occurrence. 2. A single limit or combined limit or access umbrella commercial general. liability insurance policy of an amount of not less than S1-million for property damage arising from one occurrence, Sl-million for total bodily injuries and/or damages .arising from one occurrence, and Zl-million for total personal injuries. and/or damages arising from one occurrence. VI. DATA PRIVACY Contractor agrees to abide by all applicable state and federal laws and regulations concerning the handling and disclosure of private and confidential information concerning individuals and/or data including, but not limited to, information made nonpublic by such laws or regulations. VII. OWNERSHIP Contractor understands, and SWSCC agrees, that all programs produced by the Contractor shall be the property of the SWSCC and the SWSCC shall be responsible for the maintenance and storage of each program videotape. Further, the SWSCC shall have the responsibility to ensure that any applicable .requirements with respect to the storage of these program tapes are accomplished by it. Contractor will retain the video tapes during the term of this Agreement. After the term of this Agreement, SWSCC will be responsible for the location and storage of the video tapes. VIII. NON-ASSIGNMENT The Contractor shall not assign, subcontract, transfer, or pledge this Agreement and/or the services to be performed tender, whether in whole or in part, without the prior written consent of the SWSCC. IX. MERGER AND 1"sOOIFIGTZON A. It is understood and.agreed that the entire Agreement between the parties is contained herein and that this Agreement supersedes all oral agreements and negotiations between. the parties relating to the subject matter hereof. All items referred to in this Agreement are ..incorporated or attached and are deemed to be part of this Agreement. l ~J _5_ ~o-~~ ~'- e. Any alterations, variations, modifications, or waivers- of provisions of this Agreement shall only be t, valid when they have been reduced to writing as an .amendment to this Agreement signed by the parties hereto. IX. CONTRACT ADMINISTRATION In order to coordinate the services of the Contractor with the activities of the SWSCC and its Member Cities so as to accomplish the purpose of this Agreement, Adrian Herbst, administrator for the SWSCC, shall manage this Agreement on behalf of the SWSCC and serve as liaison between the SWSCC, its Member Cities, and the Contractor. - X. NOTICES Any notice or demand which must be given or made by a patty hereto under the terms of this. Agreement or any statute or ordinance shall be in writing and shall be sent registered ar certified mail. Notices to the SWSCC shall be sent to the SWSCC administrator at 4800 Norwest Center, Minneapolis, Minnesota 55402. Notices to the Contractor shall be sent to the attention of Debra Cattone, at 801 Plymouth Ave. No., Minneapolis., Minnesota 55411. XI. LAW AND JURISDICTION ;This Agreement is entered -into and may be enforced pursuant to the laws of the State of Minnesota and courts of applicable jurisdiction in Hennepin County, Minnesota. The foregoing Agreement, has been entered into between the parties this -~,~, day of •f~ ~ 1991. Each of the parties have read the Aqr meet, erstand it,-and agree to be bound by it. . . PARAGO _ B~ ; SWSCC _~-'~` ~:xJ~ v.P.~ ~~~ 1/ZGR z~y /g 262040 1/4/91 -b- OC'HEDIILE 0! ESTZ2iZTED ZNNIIAL ~[I21Z~LII~I LOCaL PROGRAI~4~SI~IG EZBL'NDITIIRES YE88 EST2MATED BUDGET fS000'Sl 1992 $ 347* 1993 364 1994 383 1995 402 1996 422 ' 1997 4.43 1998 465 1999 488 l lO~l $ EZ$IBZT 2 . Referenced in Ordinance *1992 estimate based on 2~ of gross revenues for 7 months (Jan - July) and 5/12ths of $347,000. 1992 base will be escalated by 5$ annually thereafter. LPEST ~o-~q RESOLUTION N0. A Resolution Approving a Settlement with the Grantee Under the .City's Cable Communications Franchise Ordinance Regarding Revisions to and Extension of Certain Terms of the CATV Relief Ordinance as Amended, Based Upon Enactment of the Local Programming Restructuring Ordinance and Modifications to Other Related Agreements. WHEREAS, the City Council of the City of Richfield ("City") is the official governing body of City; and WHEREAS, City has awarded a cable communications franchise ('°Franchise") which. is held by KBL Cablesystems of the Southwest, Inc. ("Grantee"); and WHEREAS, the City adopted Ordinance No. in 1985 ("CATV Relief Ordinance"), providing for modification of certain requirements of the Franchise; and WHEREAS, Grantee underwent a change of control in 1989 and in connection thereto requested that City and the Southwest Suburban Cable Commission ("SWSCC"), a joint powers commission comprised of this City and the Cities of Edina, Eden Prairie, Hopkins and Minnetonka ("Member Cities") modify and extend the CATV Relief Ordinance as a part of the transfer of ownership; and WHEREAS, the City adopted Ordinance No. providing modifications to the CATV Relief Ordinance in contemplation of a transfer of control of the City's Franchise ("CATV Relief Ordinance Amendment"); and WHEREAS, the CATV Relief Ordinance, as amended by the CATV Relief Ordinance Amendment (collectively "Relief Ordinances"), provided that the relief would. terminate as of March 1, 1992; and WHEREAS, the Relief Ordinances required Grantee to make any requests for extension of the relief prior to September 1, 1990; and WHEREAS, Grantee on August 27, 1990, notified City and the SWSCC of its desire to continue the provisions of the Relief Ordinances in effect after March 1, 1992; and WHEREAS, the SWSCC reviewed Grantee's request during a series of meetings of the SWSCC's operating committee and regularly scheduled commission meetings; and WHEREAS, the SWSCC at a commission meeting, held on May 22, 1991, authorized its staff to enter into negotiations with Grantee to develop a SWSCC recommendation to City to continue in effect certain provisions of the relief Ordinances on a modified basis; and ~ o-zo WHEREAS, the SWSCC, at a meeting held on October 1991, adopted a Resolution ("SWSCC Resolution") recommending that the City approve and accept the conditions upon which certain provisions of the Relief Ordinances and certain agreements entered into pursuant to the Relief Ordinances would be modified and extended, a copy of which is attached .hereto as Exhibit 1; and WHEREAS, the City has reviewed the recommendation of the SWSCC and documents modifying and extending certain provisions of the Relief Ordinances as set forth in Ordinance No. ("Local Programming Restructuring Ordinance"), as well as modifying certain provisions of those agreements entered into pursuant to the Relief Ordinances, and based upon this review accepts the recommendation of the-SWSCC and finds said documents to be reasonable and acceptable to the City; and WHEREAS, the City and Grantee agree that the provisions of the Relief Ordinances shall not be .modified and extended beyond March 1, 1992, unless and until the necessary actions set forth in the SWSCC Resolution are taken. by all Member Cities;. NOW, THEREFORE, in a regular meeting of the City Council of the City of Richfield, the following is resolved: 1) The Mayor and City Manager are hereby authorized to sign, on behalf of City, all documents necessary to repeal the Relief Ordinances and effectuate the Local Programming Restructuring Ordinance. Such documents shall include, but shall not be limited to, those documents listed on Exhibit 2 attached hereto ("Documents"). 2) The terms of this Resolution are contingent upon adoption, approval, and/or execution of all necessary Documents by the City, other Member .Cities of the SWSCC and the SWSCC. 3) This Resolution shall be null and void if a similar resolution is not approved by other Member Cities of the SWSCC within 90 days from the effective date of this Resolution. 4) The terms of .this Resolution shall be null and void unless the conditions precedent to the effective date of the Local Programming Restructuring Ordinances, as set forth in Section 9 thereof, have been satisfied. 5) The City Clerk is authorized to forward to the SWSCC Administrator four (4) executed and certified copies of all Documents and this Resolution, and the SWSCC is authorized to coordinate a closing to be held within 90 days of the adoption of the Local Programming Restructuring Ordinance by the final Member City, at the office of the. SWSCC Administrator. /o -~ 1 This Resolution is passed and adopted this day of 1991. ATTEST: Martin J. Kirsch Mayor Thomas P. Ferber City Clerk EXHIBIT 1 TO RESOLUTIC RESOLUTION NO . 1-19 91 ~ ~ ~e~ c~. A RESOLUTION Approving a Settlement with the Grantee Under the Cable Communications Franchise Ordinance Regarding Revisions to and Eztension of Certain Terms of the CATV Relief Ordinance as Amended, Based Upon Enactment of the Local Programming Restructuring Ordinance and Modifications to Other Related Agreements. WHEREAS, the Southwest Suburban Cable Commission ("SWSCC"), is a joint powers commission comprised of the Cities of Eden Prairie, Edina, Hopkins, Minnetonka, and Richfield ("Member Cities"); and WHEREAS, each of the Member Cities has awarded a cable communications franchise ("Franchise") which is held by KBL Cablesystems of the Southwest, Inc. ("Grantee"); and WHEREAS, the Member Cities have delegated to the SWSCC the day-to-day regulation of Grantee; and WHEREAS, in 1985, at the recommendation of the SWSCC, the Member Cities adopted a CATV Relief Ordinance ("CATV Relief Ordinance"), providing for modification of certain requirements of the Franchise; and WHEREAS, Grantee underwent a change of control in 1989 and in connection therewith requested the SWSCC and the Member Cities to modify and extend the CATV Relief Ordinance;. and WHEREAS, at the recommendation of the SWSCC, each Member City adopted an Ordinance providing modifications to the CATV Relief Ordinance in contemplation of a transfer of control of the City's cable communication franchise ("CATV Relief Ordinance Amendment"); and WHEREAS, the CATV Relief Ordinance, as amended by the CATV Relief Ordinance Amendment (collectively "Relief Ordinances"), provided that the relief would terminate as of March 1, 1992; and WHEREAS, the Relief Ordinances required Grantee to make~any requests for extension of the relief prior to September 1, 1990; and WHEREAS, Grantee on August 27, 1990, notified City-and the SWSCC of its desire to continue the provisions of the Relief Ordinances in effect after March 1, 1992; and lo-a3 WHEREAS, the SWSCC reviewed Grantee's request during a series of meetings of the SWSCC's operating committee and regularly scheduled commission meetings; and WHEREAS., the SWSCC, at a commission meeting, held on May 22, 1991, authorized staff to enter into negotiations with Grantee to continue in effect certain provisions of the Relief Ordinances on a modified basis; and WHEREAS, Grantee and Commission staff reached agreement on terms for the extension and modification of certain provisions of the Relief Ordinances which were in turn approved by the SWSCC at the regularly scheduled Commission meeting of July 24, 1991, a summary of such terms being attached hereto as Exhibit 1; and WHEREAS, the SWSCC authorized staff to negotiate with Grantee the necessary documents to effectuate the terms summarized in Exhibit 1; and WHEREAS, the Commission has reviewed the necessary documents modifying and extending certain provisions of the Relief Ordinances, as set forth in ordinances to be enacted by each Member City ("Local Programming Restructuring Ordinance"), as well as modifying certain provisions of certain agreements entered into pursuant to the Relief Ordinances, and finds them to be acceptable and recommends their adoption by the Member Cities; NOW, THEREFORE, it is hereby resolved by the Southwest Suburban Cable Commission, at its regularly scheduled meeting of October 23, 1991, that: 1) The Chairman and Administrator are directed to forward a copy of this Resolution and copies of the documents listed in Exhibit 2 to the Member Cities and further to provide additional assistance as necessary to the Member Cities in their deliberations. 2) The Chairman is hereby authorized to sign, on behalf of the SWSCC, all documents necessary to rescind the Relief Ordinances and to effectuate the Local Programming Restructuring Ordinance. Such documents shall include, but shall not be limited to, those documents listed on Exhibit 2 (hereto "Documents"). 3) The terms of this Resolution are contingent upon adoption, approval, and/or execution of all necessary Documents by the Member Cities of the SWSCC. 4) This Resolution shall be null and void if similar resolutions are not approved by all other Member Cities of the SWSCC within 90 days from the effective date of the first such resolution, as passed by a Member City. -2- io-a~ 5) The terms of this Resolution shall be null and void unless the conditions precedent to the effective date of the Local Programming Restructuring Ordinance, as set forth in Section 9 thereof, have been satisfied. This Resolution is passed and adopted this 23rd day of October, 1991. SOUTHWEST SUBURBAN CABLE COMMISSION By Chairman 1101DAJ -3- -800 ti<xt+•CSt Center 90 ~uuch Se~~ernh Stree~ ~1i,tneapvlis, ~tN »-+U?--+119 t G12) 3-+,-0300 © _ a ~~ EXHIBIT 1 to SWSCC RESOLUTION SUMMARY OF KE,'Y ELEMENTS TO BE I NCLUUED I N AGREEMENT TO EXTEND RELIEF 7/24/91 Unless otherwise identified the changes begin August 1, 1992: • 5~ franchise fee to Cities • Paragon Cable assumes full responsibility for 'local programming' • News show production beginning November 24, 1991 • Annual budget X347,000, escalated by 5~ each year and deducted from gross revenues prior to calculation of the franchise fee • Beginning November, 1993, news show will continue or $100,000 of budget will be devoted to local origination • Continued coordination of programming with Cities and Commission • Retain service levels, equipment repair and replacement as defined in Performance Agreement and current contracts for local programming • No itemization of cost for local programming on customer bills for at least 2 years (July 31, 1994) • Cooperation and participation between Paragon Cable and Commission to create meaningful reporting requirements • New agreement terminates upon sale or transfer 3372090 Cities c>f Eden Prairie, Edina, Hopkins. ~~iinnetonka K .Richfield ~~~ LIST OF DOCUMENTS 1. SWSCC Resolution. 2. Restated Performance Agreement. EXHIBIT 2 TO SWSCC RESOLUTION 3. Restated Contract for Local Programming Facilities. 4. Restated Contract for Public, Educational and Government Access Services. l0--~~ EXHIBIT 2 LIST OF DOCUI~NTS 1. City Resolution. 2. Local Programming Restructuring Ordinance. 3. Restated Performance Agreement. 4. Consent Agreement and Guaranty of Performance. 9 CITY OF RICHFIELD, MINNESOTA Council Letter No. 302 Agenda November 25, 1991 Issue Statement: Public hearing and second reading consideration of an ordinance authorizing sale of 7300 First Avenue; issuance of Certificate of Completion contingent upon approval of the City Manager. Background At the September 24 ,1991 given to an ordinance aut; second reading and public 14, 1991 Council meeting. examine other improvement sale. Those options were Council meeting. At that should proceed. Council meeting, first reading was horizing the sale of this property. A hearing was scheduled for the October At that meeting, staff was directed to options before proceeding with the discussed at the October 28, 1991 meeting, it was decided that the sale Based on the Council discussion, it is proposed that the property be offered for sale "as is", to the person submitting the highest offer. That person must also demonstrate financial capability to carry out the project. The requirements will be changed by no longer requiring that the heating and electrical systems be moved to the first floor. Potential buyers stated there was no cost benefit to this and the Council concurred. As a result, the buyer will be required to bring the house up to code but any additional work will be voluntary. Potential for flooding will be fully disclosed to all potential buyers. The buyer will be required to sign a document acknowledging disclosure and agreeing not to request repurchase by the City. Based on previous advertising, some 30 people indicated an interest in the property. Offers will be solicited from these people based on the revised requirements. If a satisfactory proposal is not received, advertising will again be placed in appropriate newspapers. A closing is tentatively scheduled for January assuming a buyer is readily identified in December. Recommended Motion: 1. Approve the attached transitory ordinance which authorizes the Mayor and City Manager to effectuate a sale to the successful bidder. 2. Approve the issuance of a Certificate of Completion by the City Manager at such time as the buyer has completed the necessary repairs. Basis of Recommendation: 1. To sell this property, the transitory ordinance must be approved. 2. The Council has taken action directing staff to continue to pursue sale of the property. !~I 3. The notice of public hearing was published in the Sun-Current on November 13, 1991. 4. Staff will monitor progress on code .compliance and issue a Certificate of Completion when work has been completed. 5. Mayor Kirsch, Council Member Sandahl and staff met with Mr. and Mrs. Englund and advised them of the City decision on this matter. Alternative Recommendation: 1. Decide not to sell the house. 2. Delay action. Discussion/Decision Mode: Adoption of the above noted motions will continue the sale process. Respe submitted, James D. Prosser City ager JDP:ds .TRANSITORY ORDINANCE~NO. AN ORDINANCE AUTHORIZING AND PROVIDING .FOR THE SALE, TRANSFER OR OTHER DISPOSITION AND CONVEYANCE OF CERTAIN-CITY OWNED REAL PROPERTY LOCATED IN THE CITY OF RICHFIELD, COUNTY OF HENNEPIN, STATE OF MINNESOTA (7300 FIRST AVENUE SOUTH) The City of Richfield Does Ordain: Section 1. The following. described real property located in the City of Richfield, County of Hennepin, State of Minnesota, is hereby. authorized to be sold, transferred or otherwise disposed of, and conveyed by the City as herein.provided:- The. North 105 feet front and rear of the East 150.48 feet of .the West 1/2 of the West l/2 of the North 10 acres of the South 20 acres of the Southwest 1/4 of the Northeast l/4 of Section 34, Township 28, Range 24, lying West of the West line of First Avenue South as shown on the Plat of "Stevens Green 2nd Addition," Hennepin County,. Minnesota, and having the street address of 7300 First Avenue South, Richfield, Minnesota. 4 Section 2, S The Mayor and City Manager are hereby authorized to take all action as is required to sell, transfer, or otherwise dispose of and convey the real property described in the foregoing Section 1, including, by way of illustration and not limitation, the execution of all documents, purchase agreements, deeds of conveyance, and other instruments connected with such sale, transfer or disposition ,and conveyance. Passed this day of _ Richfield City Council. ATTEST: 19.91 by the Martin J. Kirsch, Mayor Thomas P. Ferber, City Clerk V CITY OF RICHFIELD, MINNESOTA Council Letter No. 301 Agenda November 25, 1991 Issue Statement: Second reading of an ordinance amending Section 601 of the City Code; requiring commercial garbage haulers collecting at apartment buildings to provide volume reports on designated recyclables to the City. Background: In the spring of 1991, the City of Richfield passed an ordinance requiring apartment owners to offer tenants an opportunity to recycle designated recyclable materials. In addition, Hennepin County determined that cities could include the volume of recyclable materials collected at apartment buildings towards their 16$ waste abatement goal. Richfield will be unable to reach the 16$ goal without including apartment recycle volume. The proposed amendment to Section 601 would require. that these volumes be provided as a requisite for obtaining a license to collect garbage and recyclables in the City. Most haulers have already agreed to provide this information. Other cities in Hennepin .County are making similar requirements of their haulers. Recommended Motion: Approve second reading of the ordinance amending Section 601 of the City Code. Basis of Recommendation: Information documenting volume of recyclables collected at apartment buildings is necessary in order for the City to meet the 16~ waste abatement goal (for 1991) established by Hennepin County. Other cities in the County are making .similar requirements. Alternative Recommendation: Council could choose not to have the second reading at this time. However, a delay would jeopardize the City's ability to require .and subsequently .obtain this information as part of the 1992 licensing process for haulers. Discussion/Decision Mode: Staff is requesting approval of the second reading at the November 25 Council meeting. Respec y submitted, James Prosser City Ma alter JDP:ds Attachment 8-1 BILL NO. 1991- AMENDMENT TO SECTION 601 OF THE CITY CODE; REQUIRING COMMERCIAL GARBAGE HAULERS COLLECTING AT MULTI-UNIT APARTMENT BUILDINGS TO PROVIDE TONNAGE REPORTS ON DESIGNATED RECYCLABLES THE CITY OF RICHFIELD DOES ORDAIN: I. Subsection 601.15, subdivision 2 of the Richfield City Code is amended to read: Subd. 2. LICENSE APPLICATION. A person desiring a license must make application to the Department of Public Safety. The application must accurately state:. (1) the name of the owner or the licensee; (2) -the proposed charges for hauling; (3) a description of the kind of services to be rendered including separate collection of yard wastes; (4) a description of each motor vehicle to be used for hauling including the license number thereof; (5) a listing, name and address, of residential accounts served; (6) verifiable volume or tonnage summaries of yard wastes collected in Richfield during the previous year; and (7) €e~-~ieeased-~esideatia~-kat~le~s; verifiable tonnage summaries of designated recyclables collected in the city during the previous year. Previously unlicensed haulers will have this requirement waived for their first year of operation in the city but must comply with paragraph 3 of this subdivision. II. Subsection 601.15, subdivision 3 of the Richfield City Code is amended to read: Subd. 3. .REQUEST FOR PROGRESS REPORTS REGARDING DESIGNATED RECYCLABLES AND YARD WASTE COLLECTION. Residential haulers, and commercial haulers collectinnr at apartment buildings in the Cites, are required to provide verifiable volume and/or tonnage summaries of separately collected yard wastes and designated recyclables. Such reports will be due to the City on a quarterly basis (April 20 for January, February, March; July 20 for April, Mater, June; October 20 for July, August September; and January 20 for October, November, December). g-~. Upon reasonable. notice at any-time during the license term, the city may request and the hauler must provide verifiable volume and/or tonnage summaries of separately collected yard wastes and designated recyclables. This is necessary in order to track recycling and yard waste collection performance and to comply with Hennepin County reporting requirements. Passed by the City Council of the City of Richfield, Minnesota, this day of 1991. Martin J. Kirsch Mayor ATTEST: Thomas P. Ferber City Clerk CITY OF RICHFIELD, MINNESOTA Council Letter No.300 Agenda November 25, 199 1 Issue Statement• Public hearing and second reading of an ordinance providing for user fees for holdup, burglary, and fire alarm users that generate excessive numbers of false alarms. Background• From January to August of 1991, Public Safety police and fire units responded to 645 false alarm calls. Projected over a 12 month period, Public Safety can expect approximately 965 false alarms for all of 1991. This projected figure is 10$ higher than the 873 calls received in 1989 (1989 statistics. are used because it is the latest year-for which false alarm numbers were. studied in detail). By comparison, the number of legitimate alarm calls per year is very small, approximately 50. The number of false alarm calls is expected to continue rising as more businesses and households install more affordable alarm systems. A study on alarm responses conducted using 1989 data showed that police and fire responders spend an average of 11.8 minutes. on each false alarm response. On the basis of this figure, it is estimated that Public Safety responders will spend approximately 190 hours responding to false alarms in 1991. Excessive numbers of false alarms reduce the `amount of time officers can spend on proactive enforcement and crime prevention activities. Safety and liability risks are also an important consideration. Burglary, robbery, and fire alarms receive a "code 3" response, which means lights, sirens, and higher than normal driving. speeds. Each unnecessary false alarm response exposes responders, citizens, and the City to unnecessary accident and liability risks. This ordinance was developed to reduce false alarms through "user fees".charged to alarm users that produce excessive numbers of false alarms. Other communities have found that such fees are a sufficient incentive for alarm users to correct problems with faulty or poorly .operated alarm systems. Alarm ordinances are used in Minneapolis, St. Paul, Bloomington, Edina, Eden Prairie, Golden Valley, Hopkins,-and Plymouth. The proposed user fee schedule followst O to 4 to 11 to over 3 alarms per calendar year. No Charge 10 alarms per calendar year $50 per alarm 20 alarms per calendar year. $100 per alarm 20 alarms per calendar year $200 per alarm These fees are consistent with those of other jurisdictions. A comparison table is attached. ~- ~ Unlike most alarm ordinances, this one does not impose any licensing or permit requirements or annual fees. It is designed to penalize only problem alarm users and not to create an unnecessary administrative burden on Public Safety staff and responsible alarm users. Public Safety will track false alarm calls on a regular basis. Alarm users that produce false alarms will be given advance warning of the new user fee before their three free false alarms are used up. City staff have not received any objections to the ordinance. Richfield Chamber of Commerce has been notified of the proposed ordinance and, as indicated by the attached letter, they have not received any objections to the ordinance. Recommended Motion: 1. Approve the attached ordinance providing for the regulation of false alarms. Basis for Recommendation: This proposed ordinance is directed at the alarm users who are producing most of the false alarms. Our records show that just 30 alarm users were responsible for 33$ of all false alarms from January to August of 1991. By focusing on the repeat false alarm producers,. the total number of false alarm responses can be reduced dramatically without affecting responsible alarm users in the process. Other means of discouraging repeat false alarms have been tried with limited results.. Alarm users who do not wish to cooperate with Public Safety staff cannot be forced to do so, yet responders are obligated to continue answering repeated false alarm calls. Alternative Recommendations: 1. Do nothing. 2. Recommend changes in the proposed ordinance. Discussion/Decision Mode: Public hearing and second reading of the proposed alarm systems ordinance. Res ct lly submitted, Jam s Prosser City anager JDP:ds ~- z BILL NO. 1991- AMENDMENT TO CHAPTER IX OF THE ORDINANCE CODE OF THE CITY OF RICHFIELD THE CITY OF RICHFIELD DOES ORDAIN: Chapter IX of the Ordinance Code of the City of Richfield entitled "Public Safety" is hereby amended by adding the following new section. Section 915 - Alarm systems 915.01. Purpose. -The number of false alarms to which the Richfield Department of Public Safety responds has reached a level that places an unreasonable burden on the resources of the department and creates unnecessary risk and liability for emergency responders and the public. The purpose of this section is to reduce the risk and expense associated with responding to false alarms by reducing the frequency of such alarms. 915.03. Definitions. Subdivision 1. For the purposes of this section the terms defined in this subsection have the meanings given them. Subd. 2. "Alarm system" means a device or system that emits, transmits, or relays a signal intended to summon, or that would reasonably be expected to summon, police or fire services of the city. For the purpose of this section, "alarm system" does not include an alarm installed on a vehicle unless the vehicle is permanently located at a site. Subd. 3. "Alarm user" means the person, firm, partnership, association, corporation, company, or organization of any kind that uses an alarm system to protect its premises, regardless of whether it owns or leases the system. Subd. 4. "False alarm" means any activation of an alarm system that results in a response by police or fire personnel where an emergency does not exist. "False alarm" includes, but is not limited to, activation of an alarm system through mechanical failure, malfunction, improper installation, or the negligent use or maintenance of the alarm system by the alarm user or the alarm user's employee or agents. "False alarm" does not include alarm activations caused by utility company power outages, by climatic conditions such as unusually strong winds or lightning, or by any other conditions that are clearly beyond the control of the alarm manufacturer, installer, and user. "False alarm" does not include activation of an alarm system as the result of an effort or order to upgrade, install, test, or maintain the system if the Public Safety Director and, where applicable, the central monitoring agency for the alarm system are each notified before such work on the alarm system. Subd. 5. "Calendar year" means the period from January 1 through December 31 of each year. 915.05. Proper alarm systems operation and maintenance. Subdivision 1. Maintenance. The alarm user shall maintain the alarm system and premises in a manner that will minimize or eliminate false alarms. Subd. 2. Kev Holder response. The alarm user or a designated representative shall appear at the alarm system location within a reasonable period of time when notified by the city to deactivate a malfunctioning alarm system or to provide access to the premises. 7- 3 Subd. 3. Intentional false alarms. No person shall intentionally cause a false alarm. Subd. 4. Exterior alarms. Alarm systems with exterior audible signals shall be set so that the exterior signal will not sound for more than ten (10) minutes after the alarm has been activated. Subd. 5. Automatic dialing devices. Alarm systems employing automatic telephone dialing devices shall not be set or programmed to dial "911" or the Department of Public Safety. 915.07. User fees. Subdivision 1. Any alarm user that produces more than three (3) false alarms in a single calendar year shall be charged a user fee of fifty dollars ($50) per false alarm in excess of three (3) in a calendar year, one hundred dollars ($100) per false alarm in excess of .ten (10) in a calendar year, and two hundred dollars ($200) per false alarm in excess of twenty (20) in a calendar year. Subd. 2. Payment of fees. Alarm user fees must be paid to the city clerk within thirty (30) days .from the date of written notice by the city to the alarm user. Fees under appeal pursuant to 915.07, Subd. 4 must be paid within five (5) days written notice of denial of appeal or within thirty (30) days of the original written notice, whichever is greater. Fees not paid within the time specified will be subject to a ten (10) percent penalty charge. Subd. 3. Assessment of delinquent fees. All delinquent charges shall be certified to the city clerk who shall prepare an assessment roll providing for assessment of the delinquent amounts against the respective properties. This assessment roll shall be delivered to the council for adoption in the manner provided by law. Such action may be optional or subsequent to taking legal action to collect delinquent accounts. Subd. 4. Appeals. An alarm user charged with an alarm user fee may make a written appeal of the false alarm charge to the director of public safety within 15 days notice of the charge. The director of public safety will make the final determination whether the appeal will be upheld or denied. 915.09. Confidentiality of records. All information and statistics collected and maintained in the administration of this section shall be deemed nonpublic data and security information exempt from disclosure pursuant to state statute. Passed by the City Council of the City of Richfield, Minnesota this day of 1991. Martin J. Kirsch, Mayor ATTEST: Thomas P. Ferber, City Clerk 7-~ COMPARISON OF VARIOUS CITY FALSE ALARM USER FEES (number of false alarms per calendar year) Minneapolis 0 to 4 ......... no charge 5th ........... $59 6th ........... $89 7th........... $119 8 & over ..... $238 St. Paul CURRENT: 1st............ no charge ea. add ....... $10 PROPOSED: 0 to 2 ........no charge 3rd .........$25 4th .......... $50 ...add $25 for each additional false alarm Bloomington 0 to 3 ......... no charge 4th ........... $50 5th ........... $75 6th........... $100 ...add $25 for each additional false alarm Edina 0 to 2 ......... no charge ea. add....... $75 Eden Prairie 0 to 3 ......... no charge 4 to 10 .. ... $50 11 to 15 ....... $100 over 15 ....... $150 Golden Valley 0 to 3 ......... no charge 4 to 8 . ....... $50 9 to 13 ........ $100 over 13....... $150 Hopkins POLICE: 0 to 4 ......... no charge over 4 ........ $50 -FIRE: 1st ........... no charge ea. add....... $150 St. Louis Park 0 to 3 ......... no charge 4 to 6 ......... $50 over 6 ........ $100 Plymouth POLICE: 1st ........... $25 permit fee 2nd.......... $50 3rd.......... $75 4th........... $100 ...add $25 for each additional FIRE: 1st....... . $100 ea. add..... $200 ~- S ,~ RICHFIELD CHAMBER of COMMERCE 6637 LYNDALE AVENUE SO. RICHFIELD, MINN 55423 Telephone: 866.5100 Mr. John Erskine November 20, 1991 Public Safety Director -City of Richfield, MN. 6700 Portland Avenue South Richfield, MN. 55423 Dear Mr. Erskine, Per inquiries from your office and those from the Richfield City Council-concerning the readings of the proposed alarm ordinance, the Richfield Chamber of Commerce has not received any commun- ication from any our membership, or any non-members in associ- ation with the proposed ordinance to date. We sincerely thank you for your notification of the proposed ordinance at our October membership meeting and encourage you and your staff to convey items, as such, to the Chamber businesses. Sincerely, ~~~~ William F. Fillmore, 1991 Richfield Chamber of Commerce President cc James D. Prosser, City Manager b CITY OF RICHFIELD, MINNESOTA Council Letter No. 299 Agenda November 25,1991 Issue Statement• Public hearing. and second reading of an ordinance change which would prohibit operable vehicles from being parked in the yard portion of any lot. Background• City Ordinance 1305.27 currently gives staff the authority to prohibit vehicles from being parked in the front yard of any lot within the City. It does not allow staff to address operable vehicles that are placed in the rear or side yard of lots. In most cases, these vehicles are operable and currently licensed but are being stored on the property. The vehicles in question may be collector type vehicles or vehicles belonging to family members who no longer live at home. This ordinance does not prohibit the parking and storage of recreational vehicles and equipment in the yard in specific areas as outlined in Section 1325.05. Environmental health staff continue to receive complaints from. residents who feel that their neighborhoods, especially those rear yard areas, are beginning to look like used car lots. Inoperable vehicles (those not currently licensed or unable to be driven) are prohibited under Section 1320.13 which deals with inoperable vehicles. This change would have no impact on the way in which the City handles inoperable vehicle problems. It would simply give staff the authority to prohibit the storage of operable vehicles from the entire yard area rather than just the front yard. First reading of this ordinance change occurred on October 14, 1991. Recommended Motion: Staff recommends approval of a change in Ordinance 1305.27, subd. 5 which would delete the word "front" from front yards. This would prohibit residents from parking anywhere on a lot except in an established driveway. Basis for Recommendation: 1. Staff continues to receive 2-3 complaints each month from the public of operable vehicles which are being parked or stored in areas other than established driveways. In most cases, the complaints received are regarding vehicles in the rear of the property. 2. The storage of vehicles in the rear property, in areas other than an established driveway, gives the neighborhood a deteriorated appearance. ~-i Alternative Recommendation: 1. The Council could decide not to approve the ordinance change. This would mean that residents could continue to store or park operable vehicles in the rear and side yards of their property. Discussion/Decision Mode: Public hearing and second reading of a request for a change in Ordinance 1305.27, Subd. 5 to delete the word front from "Front Yards" is presented to Council at this time. Respectfu y submitted, James Prosser City Manager JDP:ds 6-Z Bill No. Amendment to Section 1305 of the Ordinance Code of the City of .Richfield City of Richfield does Ordain: Section 1305 of the Ordinance Code of the City of Richfield is hereby amended by amending~Subdivision 5 of Subsection 1305.27 to read as follows: Subd. 5. F~ea~-Yards- Yards. No person may park or place any motor vehicle in the ~~ea~ yard area of any lot within the city, except in established driveway areas a~s and parking areas permitted by this code; and locations where the parking and storage of recreational vehicles and equipment is permitted by this city zoning code. Passed this 25th day of November, 1991, by the Richfield City Council. .Martin J. Kirsch Mayor. ATTEST: Thomas P. Ferber City Clerk SI CITY OF RICHFIELD, MINNESOTA Council Letter No.298 Agenda November 25, 1991 Issue Statement• Purchase of hydrofluosilic acid (fluoride) for use in water treatment in excess of $5,000. Background: The City Council policy resolution on purchasing provides that when the purchase of merchandise, materials, equipment or construction exceeds the amount of $5,000, authority to purchase shall be submitted to the City Council for consideration. Each year, the Water Plant purchases hydrofluosilic acid as an additive to water treatment to prevent dental cavities. hydrofluosilic acid is also required and regulated by Minnesota State law. In 1991, the City purchased hydrofluosilic acid from Dixie Petroleum Chemical at a purchase price of $1.73 per gallon, approximately $10,380 for the year. Two vendors were. contacted and proposals were received for approximately 6,000 gallons of hydrofluorisilic acid from: Feed-Rite Control $1.32/gallon $7,920/year .Dixie Petroleum Chemical $1.55/gallon $9,300/year Recommended Motion: Approve a 1992 master purchase order to Feed-Rite Control for the purchase of approximately 6,000 gallons of hydrofluosilic acid for an estimated total of $7,920. Basis of Recommendation: 1. Hydrofluosilicic acid is a necessary chemical additive in water treatment. 2. Feed-Rite Control submitted the lowest quotation. 3. The 1992 Proposed Water Maintenance Budget includes $11,000 for this purchase. Alternative Recommendation: Council may choose. not to accept any of the quotations and require new quotes be obtained. Discussion/Decision Mode: Staff requests approval at the November 25, 1991 Council meeting. Respe ly submitted, Jams Prosser City anager JDP:ds ~"H CITY OF RICHFIELD, MINNESOTA Council Letter No.297 Agenda November 25, 1991 Issue Statement: Purchase of Carbon Dioxide for Use in Water Treatment in Excess of $5,000. Background• The City Council policy resolution on purchasing provides that when-the purchase of merchandise, materials, equipment or construction exceeds the amount of $5,000,. authority to purchase shall be submitted to the City Council for consideration. The City purchases carbon dioxide for the water treatment plant every year. Carbon dioxide is added to the water to lower the Ph level and remove lime. Approximately 200 tons are needed. for one year of treatment. Four vendors were contacted and quotations received as follows: KOCH Carbon Dioxide $ 55/ton $11,000/year Heller's Carbonic West 85/ton 17,000/year Liquid Carbonic Dioxide 100/ton 20,000/year Cardox 125/ton 25,000/year The 1991 vendor was KOCH Carbon Dioxide at a unit price of $55/ton, approximately $11,000 for the year. Recommended Motion: Approve a 1992 master purchase order to KOCH Carbon Dioxide for approximately 200 ton of carbon dioxide at unit price of $55 per ton, for an estimated total of $11,000. Basis of Recommendation: 1. This chemical is a necessary additive to the water treatment process, lowering Ph levels and removing excessive lime in the treated water. 2. KOCH Carbon Dioxide submitted the lowest quotation. 3. There is $12,000 in the 1992 Proposed Water Maintenance Budget for the purchase of carbon dioxide. Alternative Recommendation: Council may choose not to accept any of the quotations and instruct staff to obtain new quotes. However, KOCH is offering the 1991 unit price for next year and staff does not believe better prices can be obtained. Discussion/Decision Mode: Staff requests approval at the November 25, 1991 Council meeting. Resp t y submitted, JDP:ds James Prosser City nager 5~ CITY OF RICHFIELD, MINNESOTA Council Letter No.296 Agenda November 25, 1991 Issue Statement: Purchase of unleaded gasoline in excess of $5,000. Background• The City Council policy resolution on purchasing provides that when the purchase of merchandise, materials, equipment or' construction exceeds the amount of $5,000, authority to purchase shall be submitted to the City Council for consideration. The City of Richfield participates in a Hennepin County joint purchasing program for the purchase of gasoline. Occasionally, the Hennepin County vendor is unwilling or unable to meet a lower price from another distributor. On October 30, 1991, Central Garage staff ordered 8,500 gallons of unleaded gasoline from B & F Distributing, Inc. at a total price of $7,843.45. The price through the Hennepin County vendor for the same amount of gasoline would have been $7,956. Recommended Motion: Approve a purchase order to B & F Distributing in the amount of $7,843.45 for the purchase of unleaded gasoline. Basis for Recommendation: 1. The City was in need of unleaded gasoline. 2. B & F Distributing offered the best price at the time for. unleaded gasoline. 3. The gasoline has been delivered. Alternative Recommendation: None. Discussion/Decision Mode: Approval is requested at the November 25, 1991 Council meeting. Respec submitted, Jam Prosser City anager JDP:ds ~~ CITY OF RICHFIELD, MINNESOTA Council Letter No. 295 Agenda November 25, 1991 Issue Statement: Award of contract for disposal of lime by-product in 1992. Background• Each year,•the Water Plant must dispose of approximately 5,000 cubic yards of lime by-product. This material is in a solid form ("cookies") which are dropped from presses into waiting trucks. A formal bid opening for the disposal of lime by-product was held on Friday, October 25 with the following results: Anderson Excavating & Drainage $51,650 Hader Farms, Inc. 57,650 L & G Rehbein 92,500 The 1991 cost to dispose of this material was 552,500. Recommended Motion: Approve the bid minutes/tabulation and award a contract in the estimated. amount of $51,650 to Anderson Excavating & Drainage for the disposal of approximately 5,000 cubic yards of lime by- product in 1992. Basis for Recommendation: 1. Anderson Excavating & Drainage submitted the low bid. 2. Anderson Excavating & Drainage was the 1991 vendor and the work was satisfactory. 3. There is $55,000 in the Proposed 1992 Water Maintenance Budget for this work. Alternative Recommendation: None. Discussion/Decision Mode: The 1991 contract will expire December 31. Staff is requesting approval at the November 25, 1991 Council meeting in order to allow adequate time for paperwork and to make a smooth transition from the old contract period to the new. Respe lly submitted, Jame Prosser City nager JDP:ds Attachment ~~+' CITY OF RICHFIELD, MINNESOTA Bid Opening October 25, 1991 11:00 A.M. Lime By-Product Disposal Bid No. 91-20 Pursuant to requirements of Resolution No. 1015, a meeting of the Administrative Staff was called by Thomas P. Ferber, City Clerk, who announced that the purpose of the meeting was to receive, open and read aloud, bids for lime by-product disposal, bid no. 91-20, as advertised in the official newspaper on October 9, 1991. Present: Thomas Ferber, City Clerk Steve Devich, Administrative Services Director Cheryl Krumholz, City Manager Representative Roxi Braa, Administrative Aide The following bids were submitted and read aloud: VENDOR BID SECURITY TOTAL L & G Rehbein Hugo, MN 5$ Bid-Bond $ 92,50,0.00 Hader Farms, Inc. Zumbrota, MN 5$ Money Order $ 57,650.00 Anderson Excavating & Drainage Owatonna, MN 5$ Bid Bond $ 51,650.00 The City Clerk announced that the bids would be tabulated and considered at the November 25, 1991 City Council Meeting. Thomas P. Ferber City Clerk 5 •i CITY OF RICHFIELD, MINNESOTA Council Letter No.294 Agenda November 25, 1991 Issue Statement: Authorization for payment of a bill for $21,995.84 to Motorola Inc. for the repair of the Public Safety radio system. Background: On August 7, 1991, the Public Safety radio tower was struck by lightning. The lightning grounded itself via the radio system, and in doing so, caused considerable. damage to various radio components.. The extent of the damage was such that it rendered the system useless. Due to the nature of the Public Safety function, it was necessary to act immediately to repair the Communication System. Motorola Technicians were called in, and after an initial assessment of the damage, they indicated that the extent of the total damage to the system could not be determined immediately, but they believed within several days, they could restore the system to minimally acceptable levels of performance. The damage repair however, was not covered by Service Contract. The system was repaired within several days to minimum performance levels, but it took several weeks of diagnosis and repair to restore the system to previous levels of performance. Recommended Motion: Approve the payment of $21,995.84 to Motorola Inc. Basis for Recommendation: 1. There was no option but to take immediate steps .to repair the system. 2. The repairs were authorized by Public Safety staff. 3. Public Safety staff have reviewed the bill and respective work orders, and are satisfied they are a true and accurate account of services performed. 4. There is a $25,000 deductible on insurance covering the system. 5. Funds are available from whithin the self insurance fund to pay the repair bill. Alternative Recommendation: Do not approve payment of the bill. However, staff believes that the City has an obligation to pay the bill for services rendered. 5 E' ~ Discussion/Decision Mode: Although the radio system has been repaired, Motorola believes that the lightning strike has caused damaged undetectable at this time, but of a nature such that continued problems will occur. They do not believe that they will be able to offer a service contract on the system from this point on, and that the system is unreliable for Public Safety use. Motorola is in the process of preparing a cost analysis for a new system. Respectf y submitted, James Prosser City nager JDP:ds 50 CITY OF RICHFIELD, MINNESOTA Council Letter No.293 Agenda November 25, 1991 Issue Statement° Consideration of a resolution modifying a fee for City Assessing services. Background: Assessing staff is contacted daily to provide various information to the public. Realtors, title companies and individuals selling their homes often request information which is ultimately used in the listing of a piece of property, including a special assessment search of the property. Listing information requests by the realtors and title companies include estimated market value of a piece of property, tax information, the name of the owner or the taxpayer of the property, legal descriptions, lot size, the year the property was built, homestead status and so forth. The information is very extensive and requires City staff to expend a significant amount of time to research and compile. With the large number of home sales that take place in Richfield annually, these requests for information take up a significant portion of the Assessing Division's time. Other types of information which are often requested are comparable residential property records, homestead classifications, and .listings of property owners. Homestead classifications and listings of properties for proposed zoning changes are types of information often requested of the Assessing Division. The attached resolution identifies the policies, procedures and fees associated with providing the above-cited information to the public. The resolution considers the cost of providing these services, as well as data practices requirements. Sections II through IV of the resolution are identical to the resolution previously adopted by the City Council in September, 19.89 and reflect no change. Section I, however, has been changed to include a $2.00 fee increase (from $10.00 to $12.00) for a special assessment search. The last fee increase to process a special assessment search was in January, 1982. Meanwhile salaries, cost for supplies, equipment, and access to information have increased. Neighboring communities currently charge $12.00 to $15.00 per search. Recommended Motion: Adopt the attached resolution establishing fees for the Assessing Division's services. ~~/ ~~ Basis of Recommendation: 1. There is a need to establish and periodically modify policies, procedures and fees which uniformly treat requests for information and comply with all aspects of the Data Privacy Act. 2. To process a special assessment search, requires printing remaining amounts of current levied assessments from a Hennepin County terminal, collecting data on newly levied assessments and current pending assessments amounts from City records, typing the amounts and verifying accuracy, photocopying data mailed, recording and filing, typing a receipt, processing payment, and mailing. The cost of this work approximates $12.00. 3. The fees and policies contained in the attached resolution are comparable to those followed by municipalities in the metropolitan area for the same information. 4. A fee increase for special assessment searches is warranted and should be implemented. Alternative. Recommendation: 1. The City could adopt the policies and procedures, modifying them in some manner, or decide to either increase or decrease the fees proposed therein. 2. The City Council could decide not to adopt the attached resolution and simply direct staff to continue to operate under the current practice. Discussion/Decision Mode: It would be appropriate for the City Council to consider this matter at the next Council meeting so that the modifications may be in effect. November 26. Resp ly submitted, Jame Prosser City M nager JDP:ds Attachment 5~-2 RESOLUTION NO. RESOLUTION ESTABLISHING POLICIES, PROCEDURES, AND FEES FOR THE ASSESSING DIVISION WHEREAS, The City Assessing Division provides a variety of services to the public, to title companies and to realtors, relating to information necessary for sale and purchase of property; and WHEREAS, special assessment searches are requested when closing on purchased properties; and WHEREAS; listing information is requested when there is an interest in property sales or purchases; and WHEREAS, residential property records are requested when comparing properties for market values; and WHEREAS, certain specific information such as special assessment searches, property listing information, comparable residential property records and homestead information are regularly sought by realtors, title companies and homeowners in the sale and transfer of property within the City; and WHEREAS, the above list of requests for information constitutes a large portion of the work load of the City Assessing Division; and WHEREAS, said policies, procedures and fees must be reviewed and modified as needed. NOW, THEREFORE, BE IT RESOLVED that the City Council hereby establishes the following policies, procedures and fees for dissemination of certain information in the City's Assessing Division. I. SPECIAL ASSESSMENT SEARCHES PROCEDURES FEES Provided, upon receipt or written request. for multiple searches or phone request for same day pickup of a single search, by City Assessing Division identifying levied and pending assessments. Provide written request and $12.00 fee per Property. Identification Number (PID). Searches are normally in the mail 24 hours after receipt. $12.00 per Property Identification Number (PID). The search is a billing statement. Provide verbal update by phone Provided the same day if Provided free of previously requested a single certified or of charge if a certified City special non-certified search is certified City assessment searches. requested and if picked search is not up at the City. requested. Do not provide additional pilling statements for Provided the following Homeowner may assessments. work day for multiple request a ~~~~ II. LISTING INFORMATION certified or non- $12.00 search certified search requests for closing and will be available for .purposes. pickup after 3:00 p.m. Verbal verification (update) of City certified levied and pending assessments before closing. After identifying self, caller will provide property address, PID number, date and receipt number of search. PROCEDURES Provide, upon multiple written A phone or written or a single phone request, request and receipt of printouts. $2.00. Printouts include: PID number Estimated Market Value max information owner/taxpayer Legal Description Special assessments and pending) Lot size Year built Allow 1/2 hour before pickup for a single property request to prevent waiting for information. Allow 24 hours from (levied receipt of request for pickup of listing information on multiple properties. Provide verbal updates by Give name, firm, address phone of previously requested of property and PID City printouts. number (if available) for requests. Three listing inquiries on the following accessible information will be provided by phone by the City: PID number Year built Lot size School district Legal description Taxes Mill rate for Richfield FEES $2.00 per PID number or per printed sheet. Homeowners may request a free printout. Provided free of charge if printout is not requested. 5~-~{ Estimated difference between homestead and non-homestead tax amounts. Fee .owner/taxpayer Market value Homestead status Square footage of residential buildings will not appear as listing information on printouts unless requested. Square footage for rental properties are protected under the Data Privacy Act; and therefore, will not be given as listing information. Special. assessments and square footage of buildings will not be given by phone. However, they will be given at the City office when requested. Exception: Homeowners will be given special assessments and square footage by phone if they provide their social security numbers. Otherwise, the owner can request a free complete listing printout. Give name, firm, property address, PID number, date of printout and receipt number when updating printouts. Requested complete listing information, without a requested printout, will be partially supplied verbally by the Assessing Division. The Division will orally supply special assessments, next year's market value (when available), homestead 5~~ III. REVIEW OF COMPARABLE RESIDENTIAL PROPERTY RECORDS Provide a field card record of a subject property and comparable properties. IV. REVIEW OF COMPARABLE COMMERCIAL, INDUSTRIAL AND APARTMENT PROPERTY RECORDS status, and property characteristics. Requesting party will be allowed to use the County's terminal screen for additional information (only screens 101, 103, 108, 109). Interruptions will occur for City use. Time limits on the County's terminal will be set based on City's immediate needs. PROCEDURES Request for more than five properties must be submitted in writing and include individual property addresses (PID numbers will help cut our response time). The individual must allow the City to set the time convenient for the City to supply information on a one-on-one basis. More than five comparable properties, will be allowed to view and record information under strict supervision of the Assessing Division. The City will not assemble or analyze data. .PROCEDURES Provide partial field card Request for more than record of a subject property five properties must be and comparable properties. submitted in writing and include individual. property addresses (PID numbers will help cut our FEES May request 5.25 per copy for up to five comparable properties. Free of charge when personally writes information supplied by the Assessing Division. FEES May request 52.00 per copy. Free of charge when personally writes ~~~~7 response time). Because of the Data Privacy Act, viewing the property field cards will be prohibited. Confidential, private or nonpublic data is protected under the Data Privacy Act. The following confidential data is recorded on .the property field cards: a. Detailed income and expense figures; b. Average vacancy factors; c. Verified net rentable areas or net usable areas; d. Anticipated income and expenses for the current year; and e. Projected vacancy factor for the current year. The above confidential information will be blocked out when photocopying field cards. The individual must allow the City to set the time convenient for the City to supply information on a one-on-one basis. The City will not assemble or analyze data. information orally. supplied by the Assessing Division. Passed by the City Council of the City of Richfield, Minnesota this day of Martin J. Kirsch Mayor ATTEST: Thomas P. Ferber City Clerk ~`~-~ CITY OF RICHFIELD, MINNESOTA Council Letter No. 292 Agenda November 25, 1991 Issue Statement• Resolution approving Special Law 1991, Chapter 96 providing certain benefit improvements for members of the Richfield Police Relief Association. Background• For the past year, Relief Association proceeding with sty Relief Association Association (PERA) completed with the Zs, 1991. the Board of Trustees of the Richfield Police and representatives of the City have been aps necessary for the consolidation of the with the Public Employee Retirement Police and Fire Benefit Plan. The process was final approval of the City Council on October In the process, special legislation was passed by the 1991 Minnesota Legislature which allowed the City to make three basic improvements to .the benefit structure of the Relief Association: ® College incentive pay to be included in salary calculation for pension computations; ® a reduced retirement based upon earned service credit at the age of 50; and ® the elimination of the two unit reduction for deferred pensions. The benefits were all included in Special Law, 1991, Chapter 96. Pursuant to Minnesota Statutes, the governing body of the-City of Richfield must now take official action in the form of a resolution and execute a Certificate of Approval of Special Law and file it with the Secretary of State in order for the special law to become effective.. Recommended Motion: Adopt the attached resolution approving Special Law for the City of Richfield Police Relief Association.- Basis of Recommendation: 1. A special law concerning benefit enhancements for members of the Police Relief Association was passed in the 1991 State Legislature and must now be approved by the-City to become effective. 2. The benefit enhancements contained in the special legislation were an intregral part of the consolidation process, as the -law addressed specific concerns of the Relief Association. ~c- ~ 3. The consolidation has been approved by the City Council. The benefit improvements were a part of the final package. Alternative Recommendation: The City Council could refuse to approve the special law by failing to take action before the next legislative session. However, the consolidation process recently completed was based upon the good faith premise of both the City and the Relief Association that the benefit improvements included in Special Law were a part of the final package. Discussion/Decision Mode: Action on this matter should be taken at the November 25, 1991 City Council meeting to wrap up all approvals of the benefit improvements before the official date of merger on December 31, 1991 and the next legislative session. ly submitted, Jam Prosser Cit anaC(er JDP:ff 5C-2 RESOLUTION NO. RESOLUTION APPROVING SPECIAL LAW 1991, CHAPTER 96 CONCERNING RICHFIELD POLICE RELIEF ASSOCIATION BENEFIT IMPROVEMENTS WHEREAS, the City of Richfield and the Richfield Police Relief Association have mutually sought to complete a consolidation of the Police Relief Association with the Public Employee Retirement Association (PERA) Police and Fire Fund, and WHEREAS, as part of the consolidation the City of Richfield and the Richfield Police Relief Association have mutually sought certain benefit improvements for eligible participants, and WHEREAS, said benefit improvements were authorized in the 1991 State Legislature by Special Law 1991, Chapter 96, and WHEREAS, the City Council of the City of Richfield must formally approve said Special Law in order for such law to become effective. NOW, THEREFORE, BE IT RESOLVED by the City Council of .the City of Richfield that Special Law 199.1, Chapter 96 is hereby approved. Adopted by the City Council of the City of Richfield, Minnesota this 25th day of November, 1991. Martin J. Kirsch, Mayor ATTEST: Thomas P. Ferber, City Clerk CERTIFICATE OF APPROVAL OF SPECIAL LAW ~e-~ BY GOVERNING BODY (Pursuant to Minnesota Statutes, 645.02 and 645.021) STATE OF MINNESOTA County Of Hennepin ' TO THE SECRETARY OF STATE OF MINNESOTA: _ PLEASE TAKE NOTICE, That the undersigned' chief clerical officer of the City of Ri hf i 1 c~ ~ Mi nnacnta DOES HEREBY CES2TIFY, that in compliance with the provisions of Laws, 19 ~, Chapter ~ ti requiring approval by a 'majority vote of the governing body of said local governmental unit before ifi becomes effective, the Richfield-~~~~ ounci - (designate governing body) at a meeting duly held on the 2~_ day of November 19 91 , by resolution did approve said Laws, 19 9 ~ ,Chapter 9 6 (f other than resolution, specify) by a majority vote of afi of the members thereof (Ayes :Noes :Absent or riot voting _) and the following additional steps, if any, required by statute or .charter were taken: A copy of the resolution is hereto annexed and made a part of this certificate by reference. Signed: SEAL (Official designation of officer) (This form prescribed by the Attorney General and furnished by the Secretary of State as required in Minnesota Statutes 645.021) 'If extraordinary. majority is required by the special law, Insert fraction or percentage here. 5L~ CITY OF RICHFIELD, MINNESOTA Council Letter No.291 Agenda November 25,.1991 Issue Statement: Authorization for the Mayor and City Manager to enter into agreements with residential waste/recyclables collectors. Background: Richfield currently participates in Hennepin County's recycling grants program, which provides up to 80$ reimbursement for eligible recycling expenses. Richfield residents pay into the County recycling grants fund through waste disposal tipping fees passed on to them by garbage haulers. Haulers provide recyclables collection service for their customers in addition to, and separate from, trash collection. Agreements with recycling service providers are necessary in order to receive funding from Hennepin County. The proposed agreement would reimburse haulers 51.85/household/month and the term of the proposed agreement would be January 1, 1992 - December 31, 1992. The terms and payments on the new agreements are substantially the same as in 1991. Recommended Motion: Approve a resolution authorizing the Mayor and City Manager to enter agreements with residential waste haulers. Basis of Recommendation: County .recycling monies can only be distributed to residential garbage haulers through the cities. Hennepin County requires cities to have agreements with recyclables collectors in order to receive reimbursement for collection expenses. Without a reimbursement to haulers, Richfield residents would .pay more for trash collection service and the City would not be taking full advantage of the county's grant program. Alternative Recommendation: Council could choose not to participate in the County's recycling grant .program. However, residents would continue to pay into the County's recycling fund but receive no benefits in return. Discussion/Decision Mode: Authorization is requested at this time so that haulers can \ continue to provide recyclables collection service to their customers. Respectfully submitted, Jam s Prosser City anager JDP:ds Attachment 5~3-! RESOLUTION NO. RESOLUTION AUTHORIZING THE MAYOR AND CITY MANAGER TO-ENTER INTO AGREEMENTS WITH RESIDENTIAL WASTE HAULERS FOR COLLECTION OF SOURCE SEPARATED RECYCLABLES WHEREAS, the City of Richfield will continue to participate in Hennepin County's recycling grants program as long as the County continues to subsidize these programs and as long as Richfield residents must pay into the recycling fund, and WHEREAS, the City relies on private residential waste haulers to collect recyclables; and WHEREAS, agreements with recycling service providers are necessary in order to receive funding from Hennepin. County. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Richfield,. that: 1. The Mayor and City Manager be authorized to enter into agreements with residential waste haulers for curbside collection of source separated recyclables and 2. The agreement will apply to services rendered from January 1, 1992 to December 31, 1992. Passed by the City Council of the City of Richfield, Minnesota this 25th day of November, 1991. Martin J. Kirsch Mayor ATTEST: Thomas P. Ferber City Clerk ~~ CITY OF RICHFIELD, MINNESOTA Council Letter No. 290 Agenda November 25, 199 1 Issue Statement: Adoption of a resolution authorizing submittal of Richfield's 1992 grant application for municipal recycling funding to Hennepin County. Background• As a requisite for participation in Hennepin County's curbside recycling grants program, cities are. required to submit formal applications for funding to the County. Historically, Richfield has participated in the County's funding program, which residents contribute to financially through garbage collection fees and which provides up to 80$ reimbursement for eligible recycling expenses. The remaining 20~ comes mostly from hauler license fees. In 1992, these expenses will exceed $300,000. Most of the grant goes to garbage haulers to cover recycling collection costs. Staff is asking for Council approval to submit Richfield's 1992 application for County recycling funds to Hennepin County. Recommended Motion: Approve a resolution authorizing staff to submit to Hennepin County the City of Richfield's 1992 application for recycling program funds. Basis of Recommendation: 1. County approval of our recycling. grant is contingent on formal, prior approval of the grant application by the City Council. 2. County funds will grant application Alternative Recommend; Council may choose to approval at this time and the haulers. not be distributed to the City until our is approved by the County. ~tion delay a decision on this issue;- however, will facilitate timely. payments to the City Discussion/Decision Mode: Staff is requesting approval at the November 25, 1992 Council meeting. Respectful submitted, James Prosser City Manager JDP:ds Attachment ~~-~ RESOLUTION N0. RESOLUTION AUTHORIZING THE SUBMITTAL OF THE 1992 HENNEPIN COUNTY GRANT APPLICATION FOR MUNICIPAL SOURCE SEPARATED RECYCLABLES WHEREAS, Pursuant to Minnesota Statute 115A.551, by December 31, 1993, each county in the metropolitan area will have as a goal to recycle a minimum of 35$ by weight of total solid waste generation, and each county must develop and implement or require political subdivisions within the county to develop and implement programs, practices, or methods designed to meet its recycling goal; and WHEREAS, Pursuant to Minnesota Statute 115A.552, counties shall ensure that residents have an opportunity to recycle; and WHEREAS, Hennepin County Ordinance B requires each city to implement a recycling program to enable the County to meet its recycling goals; and WHEREAS, the County has adopted a 1992 Hennepin County Funding Assistance Policy for Source Separated Recyclables for the purpose of distributing funds to cities for the development and implementation of waste reduction and recycling programs; and WHEREAS, to be eligible to receive these County funds, cities must meet the requirements set forth in the "funding policy"; and WHEREAS, the City desires to receive these County funds; NOW, THEREFORE, BE IT RESOLVED, that the City Council authorizes the submittal of the 1992 Hennepin County Grant application for Municipal Source Separated Recyclables. Passed by the City Council of the City of Richfield, Minnesota, this 25th day of November, 1991. Martin J. Kirsch Mayor ATTEST: Thomas P. Ferber City Clerk CITY OF RICHFIELD, MINNESOTA Council Letter No. 289 Agenda November 25, 1991 Issue Statement: Extend appreciation to City-staff for efforts related to the 1991 Halloween Snow Storm. Background• The weather event(s) of October 31 and November 1, 1991 is also known as the Mega Storm or the Halloween Storm. Snow removal by maintenance personnel was outstanding. Emergencies were handled promptly and :competently. Office staff calmly and efficiently assisted residents and staff. The City has received a great number of compliments related to staff efforts.. Some of these have been noted in the Status and Information reports. The Community Services Commission offered their appreciation through a resolution adopted November 12. The resolution, a copy of which is attached, asks that due and proper recognition of City employees be given at the next regularly scheduled Council meeting. Recommended Motion: Thank the City staff for efforts related to the 1991 Mega Storm of October 31 and November 1. Basis of Recommendation: 1. The 19.91 Mega Storm was unprecedented in weather history. 2. City staff reaction to the event was exemplary. 3. A request has been made by the Community Services Commission that "due and proper recognition" be given to City employees. Alternative Recommendation: None. Discussion/Decision Mode: This item is scheduled for the November 25, 1991 Council meeting. Respectf submitted, James rosser City Ma•ager JDP:ds Attachment a-i RESOLUTION COMMENDING CITY EMPLOYEES FOR TREMENDOUS EFFORTS IN DEALING WITH THE HALLOWEEN STORM OF 1991 WHEREAS, the snowfall that began on October 31, 1991, hereafter known as the Halloween Storm, left more snow .than any other single storm on record in the Twin City area, and WHEREAS, the amount of snow forced over a thousand closings in the metro area due to the impassable roadways on November 1, 1991, .and WHEREAS, the employees of the City of Richfield were responsible for clearing of city streets, and WHEREAS, the city streets were passable by the evening of November NOW, THEREFORE, BE IT RESOLVED Commission of the City of Richfield employees for their tremendous effo: Halloween Storm of 1991. for the most part clean and 1, 1991;. that the Community Services hereby commends our city its in dealing with the BE IT FURTHER RESOLVED that the Community Services Commission recommend that at the next regularly scheduled Council meeting that due and proper recognition be given to those employees. Adopted by the Richfield Community Services Advisory Commission this 12th day of November, 1991.• Suz a Sandahl Chair CITY OF RICHFIELD, MINNESOTA Council Letter No. 288 Agenda November 25,1991 Issue Statement: Award the Silver Service Award to Paul Cook, Manager. of Burger King Restaurant at 2800 West 66th Street, and an honorable mention award to Paul Hansen, owner of Hansen's Auto Spa for hiring seniors and disabled in Richfield. BackQround• One of the.1991 Human Services Commission goals was to establish a method to honor Richfield businesses that recruit, hire and train elderly and disabled. The Commission .recognizes that these efforts give seniors and disabled a better life style and encourages independence. The Silver Service Award is the culmination of that goal. Commission members contacted managers of businesses within the City inquiring about their hiring practices. Of the nine-that responded, all managers have hired seniors and disabled and. were very enthusiastic having them as employees. i Recommended Motion: Present the Silver Service Award to Mr. Paul Cook, Manager of Burger King Restaurant at 2800 West 66th Street, and an honorable mention to Paul Hansen of Hansen's Auto Spa. Basis of Recommendation: 1. Mr. Cook has a very positive attitude toward hiring seniors and the disabled. Burger King has several seniors and disabled working for them, and Mr Cook said he would hire 1,000 seniors if he had the positions, because they are so dependable.. 2. Mr. Hansen has a very small staff and personally recruited a disabled person 17 years ago after hearing about his disability and need for work. The Commission strongly believes that this small company, although unable to hire great numbers of seniors or disabled, went to extraordinary efforts to provide a job for this individual that they should receive special recognition for that effort. Alternative Recommendation: None. Discussion/Decision Mode: This item is scheduled for the November 25, 1991 Council meeting. Respectfully submitted, Jame Prosser City anager JDP:ds