10-28-91 agendaCITY OF RICHFIELD, MINNESOTA
MONDAY, -0CTOBER 28, 1991
****~**************~r~k**********it*ititir~r**~kir*************itiE~*****ic~r
SPECIAL CITY COUNCIL MEETING
6:45 P.M.
LOBBY CONFERENCE ROOM.
CALL TO ORDER
1. INTERVIEW OF STUDENT INTERESTED IN SERVING ON HUMAN RIGHTS
COMMISSION
ADJOURNMENT
***,t******************************,t****************~t*************
REGULAR CITY COUNCIL MEETING
7:00 P.M.
COUNCIL CHAMBERS
AGENDA
INTRODUCTORY PROCEEDINGS
CALL TO ORDER
PLEDGE OF ALLEGIANCE
APPROVAL OF MINUTES OF (1) CITY COUNCIL CLOSED EXECUTIVE SESSION
OF OCTOBER 14, 1991; AND (2) REGULAR CITY COUNCIL MEETING OF
OCTOBER 14, 1991
PRESENTATIONS
1. PRESENTATION OF PROCLAMATION DECLARING NOVEMBER 21, 1991 AS
DON I. ANDERSON DAY AND RECOGNITION OF DON, I. ANDERSON BEING
NAMED RECIPIENT OF MINNESOTA RECREATION AND PARK ASSOCIATION
1991 BOARD/COMMISSION AWARD
COUNCIL LETTER N0. 269
2. OPPORTUNITY FOR PERSONS TO ADDRESS THE COUNCIL ON ITEMS NOT
LISTED ON THE AGENDA
AGENDA APPROVAL
3. 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.
4A. CONSIDERATION OF APPROVAL OF RESOLUTION ENCOURAGING ~ ~
DEVELOPMENT OF BRYANT LAKE REGIONAL PARK C.L.-270
B. CONSIDERATION OF APPROVAL OF REQUEST FOR ONE YEAR EXTENSION
TO THE LOT WIDTH AND AREA VARIANCES FOR 6321 HUMBOLDT AVENUE
AND 6313 MORGAN AVENUE C.L. 271
C. CONSIDERATION OF APPROVAL OF PURCHASE IN EXCESS OF $5,000 FOR '
CABLE TELEVISION BROADCAST EQUIPMENT FROM ALPHA VIDEO AND
AUDIO IN THE AMOUNT OF $7,893.00 C.L. 272
D. CONSIDERATION OF APPROVAL OF SETTING DATE OF HEARING FOR
DECEMBER 9, 1991 TO CONSIDER RENEWAL OF WINE LICENSES C.L.
273
E. CONSIDERATION OF APPROVAL OF SETTING DATE OF HEARING FOR
DECEMBER 9,.1991 TO CONSIDER RENEWAL OF ON-SALE LIQUOR
LICENSES C.L. 274
F. CONSIDERATION OF APPROVAL OF ..PURCHASE IN EXCESS OF $5,000 FOR
AUTOMATIC. SPIN GRINDER FOR RLCH ACRES GOLF COURSE FROM MTI
DISTRIBUTING CO. IN THE AMOUNT OF $10,100. C.L. 275
G. CONSIDERATION OF APPROVAL OF PURCHASE IN EXCESS OF $5,000 FOR
TWO RAIN SHELTERS AT RICH ACRES .GOLF COURSE FROM MACDONALD
HOME IMPROVEMENT IN THE AMOUNT OF $13,.574 C.L. 276
H. CONSIDERATION OF APPROVAL OF CHANGE ORDER NO. 1 FOR.CITY
PROJECT 708-1572, 69TH AND XERXES STORM SEWER, FOR CONTRACT
NO. 2514 BETWEEN CITY OF RICHFIELD AND S.M. HENTGES & SONS,
INC. IN .THE AMOUNT OF $44,792 C.L. 277
I. CONSIDERATION OF APPROVAL OF 'APPLICATION FOR RENEWAL OF
RESIDENTIAL: KENNEL LICENSE, 7425 PLEASANT AVENUE, 3 DOGS AND
2 CATS. C.L. .278
J. ESTIMATE #1 PAYMENT FOR STORM SEWER IMPROVEMENT AT 69TH AND
XERXES AVENUE, S.M. HENTGES, INC., $257,164.72
PUBLIC
HEARINGS •
.
5. PUBLIC HEARING REGARDING APPEAL OF HEARING EXAMINER'S
.APPROVAL OF TWO VARIANCES FOR GARAGE AT 6735 LYNWOOD
BOULEVARD
COUNCIL LETTER N0. 279
6. PUBLIC HEARING AND CITY COUNCIL CONSIDERATION OF RESOLUTION
GIVING FINAL APPROVAL FOR CONSOLIDATION OF RICHFIELD POLICE
RELIEF ASSOCIATION WITH PERA POLICE AND FIRE FUND
COUNCIL LETTER N0. 280
PROPOSED ORDINANCES
7. CONSIDERATION OF FIRST READING OF ORDINANCE PROVIDING FOR
USER FEES FOR HOLDUP, BURGLARY AND FIRE ALARM USERS THAT
GENERATE .EXCESSIVE NUMBERS OF FALSE ALARMS
COUNCIL LETTER NO. 281
8. CONSIDERATION OF FIRST READING OF ..ORDINANCE .AMENDING SECTION
601 OF THE CITY-CODE REQUIRING COMMERCIAL GARBAGE HAULERS
COLLECTING AT APARTMENT BUILDINGS TO PROVIDE TONNAGE REPORTS
ON DESIGNATED RECYCLABLES TO THE CITY
COUNCIL.:LETTER N0. 282
9. CONSIDERATION OF FIRST READING OF ORDINANCE REPEALING CITY OF
RICHFIELD'S CATV RELIEF ORDINANCE, ORDINANCE NO. 1985-13, AND
CATV RELIEF ORDINANCE AMENDMENT, ORDINANCE N0. 1988-22
PROVIDING FOR CONTINUANCE OF CERTAIN ASPECTS OF THE CATV
RELIEF ORDINANCE, AS AMENDED, AND RESTRUCTURING MANNER. IN
WHICH LOCAL PROGRAMMING IS FUNDED
COUNCIL LETTER N0. 283
ADMINISTRATIVE REPORTS Sc OTHER BUSINESS
10. CONSIDERATION OF APPOINTMENT OF A STUDENT REPRESENTATIVE TO
THE HUMAN RIGHTS COMMISSION
COUNCIL LETTER N0. 284
11. CONSIDERATION OF APPROVAL OF JOINT POWERS AGREEMENT-FOR SOUTH
HENNEPIN REGIONAL PLANNING OFFICE FOR HUMAN SERVICES AND
APPOINTMENT OF COUNCIL MEMBER TO SERVE ON REGIONAL PLANNING
COUNCIL
COUNCIL LETTER NO. 285
12. CONSIDERATION AS TO WHETHER TO HOLD A COUNCIL MEETING ON
NOVEMBER 11, 1991
COUNCIL LETTER NO. 286
AIRPORT BUSINESS
13. CONSIDERATION OF APPROVAL OF JOINT POWERS AGREEMENT BETWEEN
THE CITY OF RICHFIELD AND THE METROPOLITAN AIRPORTS
COMMISSION (MAC) FOR JOINT PREPARATION OF FEASIBILITY REPORT
AND PLAN FOR ACQUISITION OF REDEVELOPMENT OF NEW FORD TOWN
AND RICH ACRES NEIGHBORHOODS IN THE CITY OF RICHFIELD
COUNCIL LETTER N0. 287
CORRESPONDENCE
14. LEGISLATIVE REPORT
COUNCIL CHOICE
15. COUNCIL DISCUSSION ITEMS
16. CLAIMS AND PAYROLLS
ADJOURNMENT
CITY OF RICHFIELD, MINNESOTA
Council Letter No. 287
Agenda October 28, 1991
Issue Statement:
Consideration of approval of a Joint Powers Agreement between the
City of Richfield and the Metropolitan Airports Commission (MAC)
for the joint preparation of a feasibility report and plan for
the acquisition and redevelopment of the New Ford Town and Rich
Acres neighborhoods in the City of Richfield.
Background•
The City of Richfield has determined that the current land uses
in the New Ford Town and Rich Acres neighborhoods are not
compatible with current airport uses or with any uses. of the
airport or other nearby properties which might be developed in
the forseeable future. At the request of the City, the MAC has
directed its staff to negotiate with the City a Joint Powers of
Agreement which would provide for the preparation of a report on
the feasibility of acquiring the properties in these
neighborhoods and making them available for redevelopment.
The overall objective of the exercise is to acquire the land and
to facilitate conversion to some land use which is less noise
sensitive and more compatible with airport operations. This must
be done in a way that, to the extent reasonably possible,
provides opportunities to enhance airport operations and
minimizes financial, social and environmental impacts on
Richfield and surrounding communities. A Joint Powers Agreement
between the City and MAC will assign responsiblity for the
preparation of a feasiblity report and plan for the acquisition
and redevelopment of the New Ford Town and Rich Acres
neighborhoods.
The feasiblity report will cover at least the following general
areas:. general background, legal and regulatory matters;
financial matters; land acquisition and management; disposition
or redevelopment of properties; and mitigation of impacts on the
City of Richfield and the Richfield School District. The Joint
Powers Agreement will assign responsibility for the preparation
of each of the parts of the feasibility report.
City and MAC staff developed a scoping document which includes
all the elements of the work plan to complete this project
(attached). The joint staffs agreed on all the elements of the
scoping document including distribution of costs. The overall
management of the program will be done by City staff with input
and coordination by MAC staff. The estimated costs of the
program is $70,000.
On October 8, the MAC Planning and Environment Committee approved
a motion to recommend to the full MAC Commission approval of the
work plan to evaluate acquisition of New Ford Town/Rich Acres,
authority to enter into a Joint .Powers Agreement to complete the
work program, and authority to execute necessary documents. The
full MAC Commission considered and approved this recommendation
on October 21, 1991.
~ 3-i
ecommended Motion:
Approve the Joint Powers Agreement between the City of Richfield
and the MAC for the preparation of a feasibility report and plan
for the acquisition and redevelopment of the New Ford Town and
Rich Acres neighborhoods of the City of Richfield.
Basis for Recommendation:
1. The City has determined that the current land uses in the New.
Ford Town and Rich Acres neighborhoods are not compatible
with current airport-uses or with any use of the airport or
nearby properties which might be developed in the future.
2. The Richfield City Council adopted Resolution No. 163
on June 10, 1991 authorizing the City of Richfield and the
MAC to inititate a joint feasibility study of the buyout,
relocation and redevelopment of New Ford Town and Rich Acres.
3. On July 2, 1991, the MAC Commission adopted a similar
resolution authorizing its staff to work with the City
to develop a work program to evaluate the feasibility of
acquisition of the two Richfield neighborhoods.
4. .The City and MAC have jointly developed a work plan,
including the distribution of costs, to complete this
project .
5. The City of Richfield and MAC must enter into a Joint Powers
Agreement to complete the work program for this project.
6. The MAC Planning and Environment Committee approved a motion
on October 8, 1991 to recommend to the Full MAC Commission
the approval of the work program to evaluate acquisition of
New Ford Town/Rich Acres, authority to enter into a Joint
Powers Agreement to complete the work program, and authority
to execute the necessary documents.
7. On October 21, 1991, the Full MAC Commission approved the
Planning and Environment Committee's recommendation to
approve the the work program, authority to enter a Joint
Powers Agreement, and authority to execute the necessary
documents.
Alternative Recommendations:
1. The Council may decide to take additional time to examine
options.
2. The Council may decide to take no action on this matter.
Discussion/Decision Mode:
This matter will be presented for presentation at the Council
meeting on October 28, 1991.
Respectfully submitted,
James Prosser
City nager
JDP:cak
~ 3-z
DBAPT aF OC'!'Ot3'SR Z1, 1381
30tNT AND COOPERATIVB AG~tE"SMENT
Pf?R TISE FRI3PARATION OF A 8t3P~DST ON
THB FEASiBiLITY QF ACQUIRING CERTAIN
P80PERTY IN TI4iE CITY OF ItiCHFIBLD
I! BACKGROUND, PURPOSE AND AUTH,+,~ ORITY
1.0. The City oP Richfield (the City) has determined that the current uses of the
l~ew Ford Town and i;ich Acres neighborhoods is tie City are not compatible with current
airport uses ar with any other uses of the airport or other nearby properties wrhieh might
be ;developed in the foreseeable -future. The residents of these neighborhoods are
experiencing substsxttial personal and fireax~cial hardship, Rot only because of the noise
generated by the airport, but also because of the uncertainty about the future of the
airport and the ~ resulting disinvestment, reduction in property value, blight and
deterioration. Therefore, it has became apparent that there is a need Par a cooperative
effort between the City of Richfield and the Metropolitan Airport Commission (MAC.) to
study and plea for the future of the Reighborhaods to alleviate the hardship being
experienced and to make productive a,nd appropriate use of Chase properties in the future.
1.1. This .agreement is entered into pursuant to Minnesota Statutes Section
47I.59. The purpose of the agreement is to .provide for a jai to joi un~ndertaking for the
preparation. of a feasibility study and plan for the acquisition and- redevelopment of the
New Ford Tawn and Rich Acres neighborhoods of the City of Richfield.
II. SCOPE OP WORK ANb RESPONSIBILITY OF PARTIES
2,0, The scope of work of the project of this agreement shal3 be $s hereinafter
set Earth. The City shall prepare a Feasibility Report and Plan for Acquisition and
Redevelopment of New Ford Town and Rich Acres {hereinafter referred to as the
"Report"} as described in this agreement.
2.1. ,MAC shad cooperate and assist the City in all activities related to the
preparation of the Report. MAC. shall make its staff .and consultants arrailable to meet
and confer with the City of Richfield staff and its consultants,. cooperate in all respects in
the preparation of the Report, assist the city in gathering information about MAC
finances, plans, sources of revenue and other financial matters, periodically review and
comment pn draft materials Por the Report, and work with City staff and consultants to
assist is determining the focus and scope of the Report. The final Report, which shall
include all information described in this agreement, shad be submitted to MAC for its
approval If the Report concludes that acquisition and redevelopment of the Rich Acres
and New Fard Town neighborhood is feasible, it shall also include proposed means oP
implementing all reconnmendations set forth in the Report, including proposeed fauns of
agreement with other agencies for joint and cooperative action where appropriate.
Iti. GENERAL BACKGROUND AND LEGAL AND REGULATORY MATTERS
3.1. The City sha[1 review and describe the Iegal au#hority for any action
..,..proposed and suggest changes in legigiative authority where needed.
13-3
3.2. The City shall determine and describe all approvals required (planning,
financing, environmental, eta.) for any nation proposed, including all federal, state,
'regional, and local regulatory requirements. .
3.8. The City shall survey the experiences, programs and financing caethodg used
by other airports around the nation. .
.. [Y. FINANCIAL MATTERS
4.1. ~ The City shall report on the legal authority of iNIAC fax borrowing, including
the statutory and aontraatural limitations on such borrowing and MAC's remaining
authority to borrow. The City will suggest changes to legislative authority if needed.
4.2. The City shall determine and evaluate various possible sources of revenue
available to MAC including its general revenues, ad valorem taxes, passenger facility
•charges, part 1$0 money, tax increment, land sales: and state or federal grants.
4.3. .The City .shall develop fin8acial models showing various program options and
reporting on haw such models would respond to changes in such variables as availability of
funds, timetable for acquisition, availability of tax increment revenues, and other revenue
and expenditure variables.
4.4. The Report shall include a determination and recommendation as to the
overall financial fea3sibility of the project.
V. ACQUYSI'1'ION AND MANAGEMENT
5.1. The City. shall. prepare at1 estimate of the cost of acquiring and managing
property in the New Ford Town and Rich Acres neighborhoods including the cost of
acquisition, relocation expenses, legal and consultant costs, and all other related
expenses.
5.2. The City shall recommend a plan for acquisition of properties in the New
Ford Town and Rich ,Acres neighborhoods which would include: an assignment of priorities
for acquisition; a time table for acquisition; a recommendation as to whether acquisition
by condemnation should be undertaken, cad, if so, under what airaumstances; an
assignment of responsibility for acquiring properties and identification of the entity
which is to be given authority to undertake acquisition activities; and a recommended
means of payment of all costs of acquisition.
5.3. The City shall recommend a property management plan which will include
such matters as responsibility for property management, safety, rental of acquired
properties, demolition, and which will provide for the payment of costs of property
management and the disposition of revenues, if any.
VI. DISPOSITION 4Yi REDEVELOPMENT OF PROPERTIES
. 8.1. Given the uncertainties about the future of the airport, it may not be
possible to settle upon a definitive plan for the disposition of properties in the New Ford
Town Rich Acres neighborhoods. Therefore, the City shall develop a plan or alternative
2
OCT 22 '91 16 25 HOMES & GRAVEN
P.4
3-~-
plans far the disposition . of such property which provides Por the greatest degree oY
flexibility and keeps redevelopment options of the City and the MAC open to the greatest
extent possible.
VII. IDENTIFICATION Al4D MITIGATII3N CT+ IiVIFACTS ON CITY
7.1. The City shall determine the financial efYects an the City and the School
District of the lass let popuiatian and tea base, either temporary ar permanent, of New
Pard Town and Rich Acres residential development. The City shall evaluate alternatives
and develop proposals for the mitigation of these adverse impacts including recommended
changes in legislative authority if needed.
V~I. PAYMENT
8.1. The City rrt$y retain such subeontreeetotrs to undertake the work O! this
project as it deems apprapria#e. Contracts with such consultants and contractors shall be
subject prior approval of MAC, which approval 5ha11 not be unreasonably withheld. All
City contracts for consulting services shall provide far cancellation on no more than 5
days notice unless prior approval far a different term has been given by MAC.
8.2. MAC shall reimburse the City for fifty percent {5fl9~6) of a.ll expenses
incurred by the Gity in connection with the work o~P the project; provided, however, that
such reimbursement shall not exceed Twenty Seven Thousand Five Trluridred Dollars
{~27,Sflfl.flO} without the prior written approval of MAC.
8.3. - The City shall provide-to .MAC amonthly-invoice requesting reimbursement
for disbursements of the City. Disbursements for consulting services shall ietclude a
detailed description of time spent, expenses incurred, and wank dome. Invoices far all
other expenses shall be submitted in such detail as may reasonably be requested by MAC.
8.4. MAC shall make available to the City the services of its consultant, Ralph
White and Associates, to assist in the preparation and review of the report, provided
expenses incurred by MAC in connection therewith shall not exceed Fifteen Thousand
Dollars {$15,flflfl.fl0}.
'IX. MISCEI.LANEOtJS
9.1.'° 'The City shall use its best efforts to deliver a completed Report to MAC for
approval by December 31, 1991.
9.2'. This agreement may be terminated by MAC at any time on 5 days written
notice. in the event of termination of this agreement by MAC, MAC shall not be
responsible for any costs ar expenses incurred by the City after the effective date of
termination.
This agreement may be terminated by the City on 6fl days written notice to MAC.
In the event of such termination, the City and its consultants shall release to MAC all
work product produced .in connection with this agreement.
3
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9.3. Notice required to be given under this agreement shalt be effective u n
...personal service. thareof delivared to the office of the person and at the address indieat~ed
below:
To the City: dames Prosser
City Manager
Ci#y of Ri~ehfield
8700 Portland Ave. S.
Richfield, MN 55423
To the MAC:
9.4. The City shall report its progress on any aspect of preparatioct of the Report
on request by- MAC.
. 8.5. This agreement shall terminate on the earlier of: 1? termination pursuant to
paragraph 9.2; 2) acceptance by MAC of the final Report and payment by MAC to the
City of all amounts due under Lhis agreement; or 3) January ~., 1994.
i DATED: THE CITY OF RICHFIELD
~.~~RM ~ MY~~
Its .Mayor
8y
Its City Manager
METROPOLITAN AIRPORT COMMISSION
Its
By
Its
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GENERAL BACKGROUND
AND LEGAL AND
REGULATORY MATTERS
Determine legal framework for
cooperative effort between MAC and
Richfield.
.~
-determine legal authority for
property acquisition, management
and disposition
• determine legal authority for
alternative property disposition
Determine sad report on all govern-
. mental approvals required. (plnnnin~,
tinancin;, environmental, ete.) for
any action proposed, including all
federal, state and local regulatory
requirements.
W_ O~PLAN
8eaponsible
Par _ Partscloanta
Holmes do MAC legal staff
Graven
Iiolcaes do
Graven
Holmes do
Graven
Holmes dt
Graven
MAC legal staff
Mac legal staff
Mac staff
Salph White Assoc.
~.z
!~- to
Time/
Completion
D-- at---_~
1 Week
1 Week
1 Week
S Weeks
Survey experiences, programs and Publicorp MAC staff S Weels~
financing methods used by other airports Halph Whits Assoc.
around the nation.
1
'• SEP 23 '91 15:53 HOLMES 8 GRAVEN
1 -
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t 1V08g PLAN
~ FINANCIAL MATTERS responsible
_~~
psi ants Tlm°~
Completion
Dat
.
Report on legal authority of MAC to
Holmes do
MAC legal and `
e
--'
Z Days
• borrow, including statutory and contrac- Graven financial haft
teal limitations on such borrowing.
;:-..
• Dstermine and report on MAC's current Publlcorp MAC financial
1 Day
status of borrowing and remainiag
authority to borrow.
Identify and evaluate various possible Publieorp Holmes dt Graven 4 Weeks
sources of revenue available to MAC ~ MAC le
gal and
including its geaeral revenues, ad financial staff;
valorem taxes, passenger facility
~.
Ralph White AsBOC.
charges, part 150 money, tax increment
,
land sales. and atata or federal grants. ~ .
• Develop iinaneial models showing Publieorp ~ MAC staff
2 Weeks
i various program aptions and reporting City staff
on how such models would respond to Holmes do Graven ,
ohattges in such variables as availabil-
ity of funds, timetable for acquisition ~
, .
~ availability of taz increment, and other
~, revenue and ezpenditure variables.
Determine relevant legal limitations on Publieorp Holmes ~C Graven ~ Weeks
rise of each of the possible sources of Ralph White Assoc.
funds. Z .,
SEP 23 ' 91 15 53 HOLMES 8 GRAVEN P. 4
i 13-~
1
i1108H .PLAN
ACQUISITION AND
MANAGEMENT ~ ~ Responsible Time/
Completion
i -_ Pa~_ Partiefoants _ Date
Prepare an estimate of the cost o! City Staff BCL Appraisals 60 .Days
. acquiring and managing property in Carl Bolander do
NPTBA, including costs of acquisition, S
ona
~~~ relocation expenses, legal and Qonsul- Conworth, Inc.
tans costs, and all other related Holmes do Graven
expenses.
g
~ SEP 23 '91 15:54 HOLMES 8 GRAVEN
~ 3_9 p.5
.
WORE PLAN
• DISPOSITION OR REDEVELOPMENT
OP PROFERTIES
Responsible
-p_ ~ ~
_ Participants Time/
Completion
D
at
• Develop alternative plans for dlsposi-
tion of property. The plan should pro- ~
City Staff!
~
MAC Staff
Holmes do Graven _,__
e,
ongoing
.
vide for considerable flexibility and
Publieporp
• keep redevelopment options of the City Land Use
. sad MAC open to the greatest extent
Consultants
possible.
4
SEP 23 '9i i5~5a HOMES & GRAVEN
{ IDENTIFICATION AND
MITIGATJON OF IMPACTS ON
CITY AND SCHOOL DISTRICT
Determine financial ia~paets on City
aad School District of loss in popula-
lion; reduction in tax base;. loss of
investment in infrastructure; and costs
~:.
for abandonment, reIoeation or
replacement of infrastructure.
Identify alternatives and develop
proposals for the investigation of
these adverse impacts such as payment
in lieu of taxes, impact teen, or the
like. Determine legal authority for
Proposals to mitigaU impacts.
'P108H PLAN
P.6
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Time/ .
Responsible Completion
- p~ Particit~ants Date
Publicorp City Staff S We ~
Holmes ~ City Staff a Weeks
C3ravea Publieorp
sac stair
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13-i 1
GENERAL
ADMINISTRATIVE MATTE$3
Coordinate and oversee all aspects of
the preparation of the feasibility report.
Redline, review, collate, and print
feasibility report.
Prepare draft joint powers agreemtnt
for acquisition, management and retie-
' ~velopment.
Determine when existing legal authority
.. L not adsquate to accomplish any
givtn objtctive. Ideatity and
propose possible legislative ehanges.
8C145-011
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WORE PLAN
Responsible Time/
Party _•Particiaants ~ Completion
D- a- t-~.
City Statt
Holmes ~
Graven
Holmes ~c MAC legal :tact
Graven
Holmes do Publicorp
Graven MAC staff
2 Days
1 Week
ongoing
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CITY OF RICHFIELD, MINNESOTA
Council Letter No. 286
Agenda October 28, 1991
Issue Statement•
Council consideration as to whether to hold a Council meeting on
November 11, 1991.
Background•
The City Council regularly meets the second and fourth Monday
evenings of each month. However, the second Monday in November
1991, is Veterans Day which is a holiday and City offices will be
closed.
Recommended Motion:
Cancel the City Council meeting regularly scheduled for November
11.
Basis of Recommendation:
1. November 11 is a holiday and City offices will be closed.
2. The holiday may cause a problem with a quorum for the
Council.
3. The business can be carried over to the November 25 regularly
scheduled Council meeting.
Alternative Recommendation:
1. Reschedule the second Council meeting in November to
November 12.
Discussion/Decision Mode:
This item has been placed on the October 28, 1991 City Council
agenda so that proper public notification can be made if the
meeting is cancelled.
Respectf ly submitted,
James Prosser
City a alter
JDP:cak
CITY OF RICHFIELD, MINNESOTA I /
Council Letter No. 285
Agenda October 28, 1991
Issue Statement•
Consideration of approval of a joint powers agreement for South
Hennepin Regional Planning Office for Human Services and
appointment of a Council Member to serve on the regional 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 ser--vice planning office.
s Each city will establish a human service planning council. The
purpose of that council-will be to provide local planning
direction.
By previous City Council action,
Richfield Community Human Service
necessary for the City Council to
First, approve a new joint powers
previous joint powers agreement.
designated City Council Member to
the regional planning council.
Richfield has established the
Planning Council. It is now
take two separate actions.
agreement to replace the
Secondly, to appoint a
serve as representative to
Recommended Motion:
1. Approve the joint powers agreement.
2. Appoint a Council Member to serve on the regional 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.
11-I
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 October 28, 1991.
Respect ully submitted,
James Prosser
City Manager
JDP:ds
Copy: Jeanne Massey
~3E~E~1/ED OAT 7 4 ~ ~,Z
Attorneys at Law
tOBERT A. ALSOP
,'AUL D. BAERTSCHI
RONALD H. BATTY
MARY J. BRENDEN
STEPHEN J. BUBUL
ROBERT C. CARLSON
CHRISTINE M. CHALE
JOHN B. DEAN
MARY G. DOBBINS
JEFFREY ENG
STEFANIE N. GALEY
DAVID L. GRAVEN
CORRINE A. HEINE
JAMES S. HOLMES
DAVID J. KENNEDY
JOHN R. CARSON
WELLINGTON H. LAW
October 11, 1991
Mr. James Prosser
City Manager
City of Richfield
6700 Portland Ave. S.
Richfield, MN 55423
HOLMES & GRAVEN
CHARTERED
470 Pillsbury Center, Minneapolis, Minnesota 55402
(612) 337-9300 JULIE A. LAWLER
Facsimile (612) 337-9310 CHARLES L. LEFEVERE
JOHN M. LEFEVRE, JR.
ROBERT J. LINDALL
LAURA K. MOLLET
DANIEL R. NELSON
BARBARAL.PORTWOOD
WRITER'S DIRECT DIAL MARY FRANCES SKALA
JAMES M. STROMMEN
STEVEN M.TALLEN
337-9215 LARRY MTWERTHE-M
BONNiE L. WILKiNS
OF COUNSEL
ROBERT L. DAVIDSON
JOHN G. HOESCHLER
Re: South Hennepin Human Services Council Joint Powers Agreement
Dear Jim:
Attached is an amended draft joint powers agreement for the South Hennepin Regional
Planning Office for Human Services. The changes from the previous draft were suggested
by Jeanne Massey.
The only change which I did not incorporate was the suggested deletion of Article VII,
Section 12, which authorizes the organization to conduct human services programs. I left
it in only because it is permissive rather than mandatory and therefore keeps the option
open. However, if the parties do not want the organization to have such powers, it should
be deleted.
Very truly yours,
C~
Charles L. LeFevere
CLL:rsr
RC160-004
cc: Jeanne Massey
DR.QFT 11-3
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 Ageney created by ioint 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.
Section 2. "South Hennepin u••._..._ ~__-•:..-.. ^-••--~' Regional Planning Agency," or
"mil A enc ," means the organization created pursuant to this Agreement, which is
formally known as the "South Hennepin TT••--•~- °---"--~ ^""'" Regional Planning
A enc ."
Section 3. "Board" means the board of directors of the Eea~eil A enc .
Section 4. "City Council" means the governing body of a party.
i i -~
Section 5. "Party" means a governmental unit which enters into. this see~ies
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
ARTICLE IV. GOVERNING BODY
Section 1. The governing body of the 6etr~i} A ene is the board of directors.
Each party is entitled to fear one directorg:= ,
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.
2
~ ~-s
Section 2. A quorum of the Board consists of ~e three directors. -~-`,.~-o~
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 CITIZENS 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 advise the Board of Directors, staff, and local advisory groups on
regional planning issues including the development and implementation of a citizen
3
tr-~
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.
Section 2. The Commission shall consist of the following voting and advisory
members: Two re resentatives 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)(ap ointed by the City Manager). There is not 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.
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 anooint 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 rofessionals, administrative officials, senior
citizens, young adults of voting age, persons engaged in law enforcement, members of the
clergy, representatives of business and labor and others with special concerns related to
I I-7
human service activities so that the Commission may be a representative sampling of the
population of all of the arties. 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 City 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 achair, avice-chair, and a
secretary.
Section 6. In February of each veer, the Commission members shall formulate by-
laws governing its rocedures, including the time, lace 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 veer on a quarterly basis. The by-laws may be
amended from time-to-time subiect to the rovisions of this Agreement. The by-laws of
the Commission shall be submitted to the arties for approval by their respective City
Councils.
Section 7. The Commission may create an executive committee and other
committees as it may deem necessary ursuant to its by-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, subiect to the limitations imposed upon it by the Commission.
II- g
ARTICLE if: 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 achair, avice-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
I~r--o~~~elwer--€ret~-ese~r-e 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 i~I: VII. POWERS AND DUTIES OF THE EB~NC--fib AGENCY
Section 1. The powers and duties of the 6ett~te~i~ A ene acting through the Board
include the powers set forth in this section.
Section 2. It may employ a person to act as - ••4---- -'--'"`4..._ _r ~~._ r~.__:,
senior planner.
Section 3. It may make such contracts as are necessary to effectuate the purposes
of this Agreement.
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
6
11-9
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.
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 6a~rnei} A ene
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 be available and open to examination to
authorized representatives of the parties at all reasonable times.
Section 11. ~
> > > ~
7
1 ~-IO
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 bird Board of
Directors, submitted to the Regional Citizens Advisory Commission for its review and
comment, and I3e 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 i} A enc 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 ay 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 emgloyed
to perform or be compensated for the performance of services for the iii A enc .
Section 6. The fiscal year of the 6ettnei} A enc is the calendar year.
ARTICLE ~ I%. DURATION
Section 1. The 6~e~rneil A enc shall continue from year to year unless the number
of parties is less than three.
• A party
9
li-II
It shall secure
insurance to protect the Fett~nei} Ageney, the Board, the offices and employees of the
Eetr~ei~ Ageney 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 each 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 i~ YIII. FINANCIAL MATTERS
Section 1. Eetxteil A ene 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 6ec.~ei} A enc as provided in the by-laws.
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 ~----••`=--- a:......`,._ senior planner, if any, shall be deemed to occupy a
position equivalent to that of a city manager.
8
~~-rz
may withdraw from the Ageney 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 arty'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 S
u..___ ~____:___ .._.._,.:, Agency may also be terminated by mutual agreement of all of
the parties at any time.
Section 2. If a party withdraws from the ~etrnei} A enc before the termination of
the 6~e~nei} A enc ,the party has no claim to the assets of the Eetrnei~ A enc If the
Fl A enc is terminated by mutual agreement of all of the parties to the
Agreement, surplus monies of the ~e~ A -enc 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 6e~ei} A enc shall, upon termination of the 6etr~i~
A enc , be returned. to the parties in equal shares.
ARTICLE ~ %. EFFECTIVE DATE
Section 1. This Agreement is effective on the date on~which a fully executed copy
of this Agreement, together with a certified 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.
10
/ ~-13
DATED:
DATED:
DATED:
DATED:
RC160-004
CITY OF BLOOMINGTON
By
Its Deputy Mayor
By
Its Manager
CITY OF EDEN PRAIRIE
By
Its Mayor
By
Its Manager
CITY OF EDINA
By
Its Mayor
By
Its Manager
CITY OF RICHFIELD
By
Its Mayor
By
Its Manager
11
L~
CITY OF RICHFIELD, MINNESOTA
Council Letter No. 284
Agenda October 28, 1991
Issue Statement:
Appointment of a student representative to the Human Rights
Commission.
Background•
There is a.bylaw provision that two student members are to be
included in the membership of the Human Rights Commission. Two
appointments were made in February for one year terms. However,
since those two appointments, one of the student representatives
has not been an active member of the Commission. Thus, the
Commission is seeking another student to be appointed to fill the
remainder of one term which expires on January 31, 1992.
A student has indicated interest and was interviewed on October
28, 1991.
Recommended Motion:
Appoint a student to fill the unexpired term of a student
representative on the Human Rights Commission.
Basis for Recommendation:
1. The bylaws provide for two student members to the Human
Rights Commission.
2. The Commission now only has one active student member and is
seeking a second student.
3. The Human Rights Commission is involved in two very important
events during the months of November-January and needs full
participation to do a good job of presenting these events,
Human Rights Week and the Ethnic Day Celebration.
Alternative Recommendation:
1. Defer the appointment to a later date.
2. Seek additional student representatives.
Discussion/Decision Mode:
This item has been placed on the October 28 agenda in order to
secure a member as soon as possible, insofar as only three
regular Human Rights Commission meetings remain in the unexpired
term.
Respec ully submitted,
Jam s D. Prosser
Cit Manager
JDP:ds
q
CITY OF RICHFIELD, MINNESOTA
Council Letter No. 283
Agenda October 28, 1991
Issue Statement•
First 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.
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 and other Southwest Cable communities 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, the negotiations between the
parties began. A summary of the key elements of the 1991 CATV
Relief Extension Agreement include the following:
e Paragon Cable will assume full responsibility for local
programming including production of the news show. The news
show was previously paid for by all of the cities at a total.
cost of about $100,000 annually.
s The local programming cost had previously included a payment by
the cities of one percent of gross revenues. In the future,
this full cost for local programming will be borne by Paragon.
The cities will not reimburse Paragon one percent franchise of
total revenues.
s Retained service levels, equipment repair and replacement as
previously defined.
s Cooperation and participation between Paragon and Commission to
create meaningful reporting requirements.
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.
~~
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. These agreements are scheduled
to be considered by the Richfield City Council on November 25,
1991.
Recommended Motion:
Give first reading of an
Ordinance, Ordinance No.
amendment, Ordinance No.
certain aspsects of thth~
restructuring the manner
Ordinance repealing the CATV Relief
1985-13, and CATV Relief Ordinance
1988-22 providing for the continuance of
CATV Relief Ordinance, as amended, and
in which local programming is funded.
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 its 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 City Attorney has reviewed and approved the relief
extension documents.
Alternative Recommendation:
1. The Council could decide not to adopt this ordinance.
Discussion/Decision Mode:
The first reading of the ordinance amendment is scheduled for
October 28, 1991 Council meeting. A public hearing and second
reading will be held November 25, 1991 if the Council approves
the first reading of the ordinance amendment.
Resp lly submitted,
James D. Prosser
City ager
JDP:ds
5482124 a
~-~.
FREQUENTLY ASKED QUESTIONS REGARDING ~`~~
TiiE 1991 CATV RELIEF EXTENSION
t
i
The following are frequently asked questions regarding the 1991 CATV
relief extension and answers to these questions:
1. 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`b limit set under the Federal Cable Act. There have been
no 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 Iocal origination programming and
.outright payment of the full 5`b franchise fee.
iii
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EXHIBIT 1 to SWSCC RESOLUTION
SIJI~KARY OF KE'Y 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 $347,000, escalated by Sic each
year and deducted from gross revenues -prior to
calculation of the franchise fee
• Beginning November, 1993, news show will
continue or X100,000 of budget will be devoted
tolocal..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 pears (July 31, 1994)
• Cooperation and participation between Paragon Cable
and Commission to create meaningful reporting
.requirements
• New agreement terminates upon sale or transfer
3372040
Cities cif Edzn Prairie, Edina, Hupkins. ~linnztonha & Richfield
EXHIBIT 1 (DRAFT _ 09/05/91)
(COF~~TS - 08/30/91)
RESOLUTZOP s0. ~"-~
A RESOLUTZOIi Approving a Settlement Mith the
Grantee IInder the Cable Coeamunicstions 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 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 have 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 thereto 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 CAT'V
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
(DjtAl~'T - 09/05/91)
~~~ (CO!!~Y'1'S - 08/30/91)
WHEREAS, the SWSCC reviewed Grantee's request during a
series of meetings of the SWSCC's operating committee and
;~reqularly'acheduled-.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 eztension 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 Ezhibit l; and
WHEREAS, the SWSCC authorized. staff to negotiate with
Grantee the necessary. documents to effectuate the terms summarised
in Ezhibit 1; and
WHEREAS, the Commission has reviewed the necessary
documents modifying and eztending 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 1991, that:
1) The Chairman and Administrator are directed to forward
a copy of this Resolution and copies of the documents
listed in Ezhibit 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 sot be limited to, those documents listed on
Ezhibit 2 (hereto "Documents").
3) The terms of this Resolution are contingent upon
adoption, approval, and/or ezecution 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 data of the
first such resolution, as passed by a Member City.
-2-
97
ORDINANCE NO.
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
q- S
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
longer 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.
q-9
(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,
R-~o
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 5100,000 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
9 ~/
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:
a--a..
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:
a1GREEl~PT FOR PROGRAM SERVICES. Exhibit 1
Referenced in Ordinance
Thia AGREEMENT 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 Responsibilities:
1. Southwest Community 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 coats.
2. Southwest. Community News Show _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
L.~
~l~
and/or controversial issues. Any change in the
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. Southwest Community News Scheduling. 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
writing every thirty (30) days and with not less than
seven (7) days- advance notice to contractor. All
playback of the show will be within the regularly
~chedu-led ciavback hours (as defined by the Access
Rules). Contractor will experiment 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. Soy hwest Community News Show Viewe r Feedback.
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 & Evaluation:
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
experience 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.
(,~ -2-
~-15
H. Responsibilities of SWSCC:
1. Coocera_tion in the Development of .News Shows.
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 the
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 ezpertise. 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 PAYMENT
A. Cost: Each show will be produced at a cost not to
ezceed X1,962.50.
H. Monthly Statements: Contractor will submit monthly
billing statements to the SWSCC with payment due within 30
days of the date of the billing statement.
i~
-3-
~~"'. 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 or 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 or 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 (including
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. failure of said
Contractor to fully perform, in any respect, all
obligations under this Agreement.
8. 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~ -•-
~-~7
1. A single 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: $1-million for
personal injuries and/or damages, sad sl-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 $1-million for
property .damage arising from one occurrence,
sl-million for total bodily injuries and/or damages
arising from one .occurrence, .and ~1-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 thin 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 MODIFICATION
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.
~~ -5-
q-I S
H. Any alterations, variations, modifications, or
waivers of provisions of this Agreement shall only be
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
party hereto under the terms of this Agreement or any statute
or ordinance shall be in writing and-shall be sent registered
or 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 Cottone, 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 Agreemen~ has been entered into between the
parties this ~ day of ~~~ 1991. Each of the
parties have read the Aqr ment, erstand it, and agree to be
bound by it.
PARAGO B~
~-~s-
~C
~:xw(' V.P.a ~'~~ MGR
SWSCC
~~'L` ~7
zl~l9-
262040
1/4/91
-6-
~-~9 .
EZHIBIT 2
Referenced in Ordinance
BCHEDDLE O! ESTI1~7-TED ~IdIdII11L
IIINI~IIIIL LOC71L pROGR71I4~IING EZBENDITQRES
~f.88 ESTIMATED BUDGET 1S000'S1
1992 $ 347*
1993 364
1994 383
1995 402
1996 422
1997 443
1998 465
1999 488.
*1992 estimate based on 2~ of gross revenues for 7 months (Jan -
July) and 5/12ths of $347,000. 1992 base will be escalated by 5~
annually thereafter.
LPEST
CITY OF RICHFIELD, MINNESOTA
Council Letter No. 282
Agenda October 28, 1991
Issue Statement:
First reading of an ordinance, amending Section 601 of the City
Code, requiring commercial garbage haulers collecting at apartment
buildings to provide tonnage reports on designated recyclables to
the City.
Background•
In the spring of 1991, the City of Richfield passed an ordinance
requiring apartment owners to offer their tenants an opportunity to
recycle materials defined as designated recyclables. In addition,
Hennepin County determined that cities could count tonnages of
recyclables collected at apartment buildings towards their 16$
waste abatement goal (total amount of waste recycled or removed
from the waste stream). Richfield will be unable to reach the 16~
goal without the inclusion of apartment tonnages. The proposed
amendment to Section 601 would require that these tonnages 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 first reading of the ordinance amending Section 601 of the
City Code to require commercial garbage haulers collecting at
apartment buildings to provide tonnage reports, and set a public
hearing date and second reading for November 25, 1991.
Basis of Recommendation:
1. Information documenting tonnages of recyclables collected at
apartment buildings is necessary in order for the City to meet
the 1.6$ waste abatement goal established by Hennepin County.
Alternative Recommendation:
1. Council. could choose not to have the first 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:
Approval of the first reading of the ordinance amendment is
scheduled for the October 28 Council meeting. A public hearing and
second reading will be held November 25, 1991 if Council approves
first reading of the ordinance amendment.
Respe u y submitted,
James D Prosser
City .alter
JDP:ds
Attachment
$-1
BILL N0. 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~-~~e~+~e-a-reside~~a~ '' ' rte, 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 collecting at
apartment buildings in the City, 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,
May, June; October 20 for July, August, September; and
January 20 for October, November, December).
$-~.
Upon reasonable notice at any time during the license
term, the city may request and the hauler must provide
verifiable volume and/or tonnage summaries of separately
collected yard wastes and designated recyclables. This is
necessary in order to track recycling and yard waste
collection performance and to comply with Hennepin County
reporting requirements.
Passed by the City Council of the City of Richfield, Minnesota,
this day of 1991.
Martin J. Kirsch Mayor
ATTEST:
Thomas P. Ferber City Clerk
CITY OF RICHFIELD, MINNESOTA
Council Letter No. 281
Agenda October 28, 1991
Issue Statement•
First reading of an ordinance providing for user fees for holdup,
burglary, and fire alarm users that generate excessive numbers of
false alarms.
Background:
From January to August of 1991, Public Safety Police and Fire
units responded to 645 false alarm calls. When projected over a
12 month period, this suggests that Public Safety can expect
approximately 965 false alarms for all of 1991. This projected
figure is 10$ 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--approximatelty
50 annually. The number of false alarm calls is expected to
continue rising as more businesses and households install
increasingly 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 follows:
0 to 3 false alarms per calendar year. No Charge
4 to 10 false alarms per calendar year $50 per alarm
11 to 20 false alarms per calendar year. $100 per alarm
over 20 false alarms per calendar year $200 per alarm
These fees are consistent with those of other jurisdictions. A
comparison table is attached.
~-I
Unlike most alarm ordinances, this one does not impose any
licensing or permit requirements or annual fees. It is designed
to penalize only problem alarm users and not to create an
unnecessary administrative burden on Public Safety staff and
responsible alarm users. Public Safety will track false alarm
calls on a regular basis. Alarm users that produce false alarms
will be given advance warning of the new user fee before their
three free false alarms are used up.
Recommended Motion:
Approve first reading of an ordinance providing for the
regulation of false alarms and schedule .the public
hearing and second reading for November 25, 1991.
Basis for Recommendation:
1. The proposed ordinance is directed at the alarm users who are
producing most of the false alarms. Records indicate that 30
alarm users were responsible for 33$ of all false alarms from
January to August of 1991.
2. 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.
3. Other means of discouraging repeat false alarms have been
tried with limited results.
4. 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:
Approval. of the first reading
ordinance and setting November
and public hearing.
of the proposed alarm systems
25, 1991, for the second reading
Respectfully submitted,
Jam D. Prosser
City Manager
JDP:ds
7~2
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.
Sectioa 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.
?-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
~- ~t
COMPARISON OF VARIOUS CITY FALSE ALARM USER FEES
(number of false alarms per calendar year)
Minneapolis 0 to 4 ......... no charge
Sth...........$59
6th........... $89
7th........... $119
S & 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
over6........ $100
Plymouth POLICE:
1st ........... $25 permit fee
2nd.......... $50
3rd.......... $75
4th ........... $100
...add $25 for each additional
FIRE:
lst........... $100
ea. add....... $200
CITY OF RICHFIELD, MINNESOTA
Council Letter No. 280
Agenda October 28, 1991
Issue Statement-
Public hearing and City Council consideration of a resolution
giving .final approval for the consolidation of the Richfield
Police Relief Association with PERA Police and Fire Fund.
Background•
For the past year, the
Relief Association and
proceeding with all of
consolidation of the R.
Retirement Association
Board of Trustees of the Richfield Police
representatives of the City have been
the preliminary steps necessary for the
lief Association with the Public Employee
(PERA) Police and Fire benefit plan.
Along with the consolidation procedures, a benefit enhancement
package has also been formulated to take effect upon.
consolidation. The benefit improvements included the following:
- College incentive pay to be included in salary calculation
for pension computations.
- A reduced retirement based upon earned service credit upon
age 50.
- Elimination of the two unit reduction for deferred
pensions.
Since the initial City Council action regarding this matter on
October 8, 1990, when a resolution of support for consolidation
and benefit enhancements was adopted, several other events have
occurred:
- On May 3, 1991 an election of all eligible members of the
Richfield Police Relief Association was conducted and
resulted in overwhelming member support for consolidation.
- The Legislature passed and the Governor signed a bill
authorizing the proposed member benefit improvements upon
the approval of .the City Council.
- The City Council gave preliminary approval to
consolidation of the Richfield Police Relief Association
with the PERA Police and Fire Fund at the June 10, 1991
City Council meeting.
- All formal notifications were made pursuant to Minnesota
statutes.
- An actuarial analysis has been completed by the Wyatt
Company, reflecting the costs of consolidation including
the new proposed benefit enhancements.
~-i
- A final letter was received by the State Board of
Investments and PERA concluding all preliminary
activities.
The City now has thirty (30) days in which to give final approval
to the consolidation or lose the opportunity to consolidate for a
year. In order for the City to take timely action on the matter,
it would have to be considered at the October 28, 1991 City
Council meeting.
Two financial comparisons accompany the Council letter.. The
first is a Wyatt Report entitled "Actuarial Calculations
Preliminary to Consolidation." The second is a one-page employer
cost comparison.
The data from-both sources reflects a first year's worst case
contribution by the City of $521,364 as compared to a
contribution of $314,122 prior to consolidation and benefit
enhancements. However, under consolidation, the City would save
approximately $75,000 annually in administrative costs. Further,
the worst case annual contribution is reduced by each Police
Relief Association member who selects benefits under the PERA
Police and Fire Fund. If every member selected benefits under
the PERA Police and Fire Fund after consolidation, the City's
annual contribution would be $110,005. Thus, the unknown factor
of what portion of Police Relief Association employees select
PERA Police and Fire Fund benefits has a significant impact upon
the City's future cost of consolidation.
Another financial consideration regarding the proposed
consolidation is that the liability for the Police Relief
Association would no longer be shown as the City's, but rather
would be reflected as a liability of PERA. However, the City
would still responsible for full funding of the plan by the year
2010. Annual contributions by the City as identified by PERA
would ensure that this goal is attained.
Recommended Motion:
Hold a public hearing and adopt the resolution giving final
approval of the Police Relief Association with PERA Police and
Fire Fund.
Basis of Recommendation:
1. The merger of the Richfield Police Relief .Association with
PERA Police and Fire Fund is advantageous to the City of
Richfield. The benefit enhancements provided to the Relief
Association make the consolidation attractive to Police
Relief Association members, thus a win-win solution is
provided.
2. While the immediate effect of the consolidation is higher
initial City contributions to the retirement fund, most of
the increased cost is attributed to the benefit enhancements.
The most costly of the benefit improvements (inclusion of
~~
college incentive into base pay for retirement calculations)
may have been ultimately forced upon the City through a
lawsuit by the Relief Association if the benefit had not been
included as part of the consolidation process.
3. The City will save $75,000 annually in administrative
expenses.
4. The number of .active Relief Association members who were
willing to serve on the Board was diminishing fairly rapidly.
5. The current trend and preferred course of action ,for most
municipalities with local relief associations is their
consolidation with PERA.
Alternative Recommendation:
1. The City Council could disapprove consolidation at this time,
effectively stopping the merger proposal until next year.
Discussion/Decision Mode:
Action on this matter is necessary on October 28, 1991 if
approval of the consolidation is desired. The PERA Board would
take formal action on November 14, 1991 and this effective date
of consolidation would likely be December 31, 1991.
Respectfully submitted,
James Prosser
City M ager
JDP:ff
~-3
RESOLUTION NO.
A RESOLUTION APPROVING THE CONSOLIDATION
OF THE RICHFIELD POLICE RELIEF ASSOCIATION
WITH THE PUBLIC EMPLOYEES RETIREMENT ASSOCIATION
(PERA) POLICE AND FIRE FUND BENEFIT PLAN
WHEREAS, Minnesota Statutes, Chapter 353A provides for the
voluntary consolidation of local police relief associations with
PERA; and
WHEREAS, all preliminary procedures to consolidate the
Richfield Police Relief Association with PERA have been completed
as required by Minnesota Statutes, Chapter 353A.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Richfield that final approval of the above consolidation
is hereby adopted and approved effective upon approval of the
PERA Board.
Adopted by the City Council of the City of Richfield,
Minnesota this 28th day of October, 1991.
Martin J. Kirsch, Mayor
ATTEST:
Thomas P. Ferber, City Clerk
(~- ~
Current Active Police Relief Association Members
10-1-91 '
Captains
Fritz
Lambert
Lieutenants
Suech
Sergeants
Hanson
Johnson
Merabella
Sandell
Investigators/AgeT
Rollick
Lotzer
Mead
Pilcher
Patrol Officers
Benedict
Burge
Dubberke
Edwards
Fitzhenry
Gabrysh
Kleist
Thill
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RICHFIELD POLICE RELIEF ASSOCIATION
ACTUARIAL CALCULATIONS PRELIMINARY
TO CONSOLIDATION
~_
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t0'
(o -~
~.
July 18, 1991
Legislative Commission on
Pensions and Retirement
55 State Office Building
St...Paul,;.Minnesota.55155
RE: RICHFIELD POLICE RELIEF ASSOCIATION
Commission Members:
We have performed actuarial calculations preliminary to consolidation for the
Relief Association as of January 1, 1991 based on membership and financial data
supplied by the Relief Association.
We certify that to the best of our knowledge and belief this actuarial work was
performed-in ;accordance with the-requirements of Sections 353A.05 and 356.215,
Minnesota Statutes, and the requirements of the Standards for Actuarial Work,
adopted by the Commission on September 20, 1989.
Respectfully submitted,
THE WYATT COMPANY
~~- ~. ~ P
Robert E. Perkins, FSA Michael C. Gunvalson, FSA
Consulting Actuary Actuary
cc: The Honorable Mark Dayton, State Auditor
The Honorable Joan Anderson Growe, Secretary of State
Howard Bicker, State Board of Investment
Laurie Hacking, Public Employees Retirement Association
James Noble, Legislative Auditor
Peter Hutchinson, Commissioner of Finance
Kenneth Pilcher, Richfield Police Relief Association
Steven L. Devich, City, of Richfield
~att
~- 8
REPORT PRELIMINARY TO CONSOLIDATION
The purpose of this report is to estimate the cost of consolidating the Relief.
Association with PERA Police and Fire (P&F) as specified in Minnesota Statutes,
Chapter 353A prior to potential final municipal approval of the consolidation
question.
The consolidation process provides the Relief Association members and their
-~~:beneficiaries an opportunity to change their retirement benefit plan coverage by
electing between Relief Association and P&F benefits. In order to evaluate the
financial aspects of consolidation, the costs in Table 1 have been determined
under three possible outcomes - all individuals elect Relief Association
benefits (column 2), all individuals elect P&F benefits (column 3) and each
individual elects the benefit plan which has the greater total benefit plan
actuarial value (column 4).
Table 1 also compares the consolidation calculations to those found in the
actuarial valuation of the Relief Association as of December 31, 1990, prepared
by Gabriel, Roeder, Smith & Company. The Relief Association benefits in columns
1 and 2 are not identical. The benefits in column 2 incorporate the changes
„in :.planprovisions found in~the 1991 Bill (Chapter No: 96,'-House File No. 579)..
That Bill provides for changes in the definition of salary, benefit eligibility
and benefit level..
Another source of the difference in liabilities and costs is the use of
different actuarial assumptions as required by statute.
and lists .the major assumptions.
-1-
Table 2 shows the data
~att
i ~-q
-~
Whenever a retired member or the retired member's surviving spouse elects P&F
benefits, the reserve for that benefit must be transferred to the. Minnesota Post
Retirement Investment Fund (MPRIF). The amount to be transferred if all benefit
recipients who are eligible for MPRIF elect P&F benefits is x3,994,089, which
is less than the current market value of assets. This amount includes an
estimated increase of 4.009 for those who meet the MPRIF eligibility rules for a
January 1, 1992 benefit adjustment.
Current benefit recipients who are not eligible for MPRIF will be paid directly
by PERA. Their benefits will be escalated by the same percentage that applies
to MPRIF annuitants, however no funds are required to be transferred to MPRIF.
Although the costs shown in Table l represent an appropriate 'range of estimates
available today, the costs are subject to change in future years following the
consolidation. The true cost of any pension plan is not completely determined
until the last benefit payment has been made to the last benefit recipient.
Prior to that date, annual budgets are determined by making assumptions
regarding future experience.
Each year in the future following consolidation, municipal costs will be
redetermined based on the elections made by members and beneficiaries and will
consist of the following components:
Regular contributions (line 7Z - a variable cost which will depend on
the compensation of members still active.
-2-
~att
~Q ~' t
Additional contributions (line 6Z - a fixed cost which is an annual
amount of X410,932, the amount required to .amortize the initial
unfunded consolidation actuarial liability shown in column 4 of Table
1 by the year 2010.
Additional contributions (undeterminable at this timed - a variable
cost which will depend on actual experience. Any actuarial gains
(for example, investment results in excess of 8.5%) will reduce
future contributions and actuarial losses (for example, salary
increases in excess of 6.5%) will increase future contributions.
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CITY OF RICHFIELD, MINNESOTA
Council Letter No. 279
Agenda October 28,.1991
Issue Statement:
Appeal of the Hearing Examiner's approval of two variances for a
garage at 6735 Lynwood Boulevard.
Background•
On September 23 ,1991, the Richfield Hearing Examiner granted two
variances to allow the following:
1. A front yard setback of two feet in the R-1 zoning district,
where the required front yard setback is 30 feet.
2. A detached accessory building to be located forward of the
front building line..
These variances would allow the owner, Bryan Bruley, to construct
a 22 foot by 22 foot detached garage in the front yard area.
On September 28, 1991, Mrs. Ruby Lundeen, 6636 Lynwood Boulevard,
appealed the variances.
Recommended Motion:
Sustain the Hearing Examiner's decision to grant the variances at
6735 Lynwood Boulevard.
Basis of Recommendation:
The three criteria needed to grant a variance have been found
to exist. They include the following:
1. There is an undue hardship present because there is a need
for a garage and the request is reasonable in this situation.
The existing single wide tuck-under garage is difficult to
access because it is sunken below grade and is narrow. The
access well of•the garage also poses threats to safety. The
owner plans to close off the existing garage and fill the
access well..
2. There are unique circumstances related to the property. The
home was built in 1922 and at that time a street was planned
.south of the home along the northwest edge of Wood Lake. As
a result, the-home was built with the front facing toward
Wood Lake. The front street was never constructed, and
Lynwood Boulevard evolved as the only public access to the
property. What is now defined as the front yard was intended
to be the rear yard, and vice versa. Though the lot is
approximately 15,000 square feet, its irregular shape,
elevation, and layout make the proposed location the most
reasonable place for locating a new garage on the site.
5-~
3. There would be no apparent adverse impact on the
neighborhood. The lot is located at the end of a cul-du-sac.
The west property line is heavily wooded and abuts the rear
lot line of the homes to the west, which front on Emerson
Avenue. When looking at the site in context to its
surroundings, the garage would not encroach on any sight
lines, nor would it be obtrusive. Three other garages access
the end of the Lynwood cul-du-sac.
4. Mediation by the West Suburban Mediation Center was
unsuccessful.
Alternative Recommendation:
1. Overrule the Hearing Examiner's decision with a finding of
fact that the criteria needed for the granting of these
variances has not been met.
Discussion/Decision Mode:
A public hearing is scheduled at 7:00 p.m. on Monday, October 28,
1991. The hearing will be held in the City Council Chambers of
Richfield City Hall, 6700 Portland Avenue. Notice of hearing was
published in the Sun-Current and mailed to .property owners within
350 feet of the subject property.
Respectfully submitted,
Jame D. Prosser
City anager
JDP:ds
5- 2
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G =GARAGE
~~'O~o Oo ~C~Co~ C~~a~ o C~ 6735 Lynwood Blvd.
Garage construction in front yard
~- IT If 1FI°~
PLANNING
ZONING
~~~
CASE N0.
APPLICANT:
PROPERTY LOCATION:
.HEARING EXAMINER:
..
HEARING DATE:
APPEARANCES:
Variance ReQuest
91-V-6
Bryan Bruley
6735 Lynwood Boulevard
Vern Luettinger
September 17, 1991
Bryan .Bruley and Mrs. Ruby Lundeen
Based upon the evidence presented at the hearing, the undersigned
makes the following findings of fact, conclusions, and decisions.
A. FINDINGS OF FACT:
1. Notice of public hearing was proper. Notice was
published in the Sun-Current and mailed to property
owners within 350 feet of the site as required by
City Ordinance. The ten day notice requirement was
also met.
2. The street address and legal description of the property
in question are as follows: 6735 Lynwood Boulevard,
Block 1, Lot 24, Lynnwood Hennepin County Addition.
3. The zoning of the site in question is R-1.
4. The variance requested are to allow a detached accessory
building forward of the principal building and a two foot
front yard setback.
5. The reason for the request is to allow the construction
of a 22' x 22' detached garage in the front .yard area.
B. DETERMINATIONS:
Minnesota Statutes Section 462.357, subdivision 6, provides
for the granting of variance to the literal provisions. of the
zoning regulations in instances where their strict
enforcement would cause undue hardship to the owners of the
property under consideration. In determining whether to
grant or deny the requested variance, I specifically make the
following conclusions:
5-~F
1. Would strict enforcement of the literal provisions of the
ordinance cause undue hardship, because the property could
not be reasonably used under the conditions of the official
controls?
I conclude: There is an undue hardship. The garage
presently available is difficult to access because it is
below grade. It is also narrow in width and not-large enough
to suit present day needs.
.. 2. Are there unique circumstances or unusual conditions
affecting the property or building which are not created by
the land owner?
I conclude: There are unique circumstances affecting this
property not created by the owner. The irregular shaped lot
does not allow construction of the garage elsewhere on the
site.
3. Will the granting of the variance alter the essential
character of the neighborhood or locality?
I conclude: No. The garage would be .an overall improvement
to the .neighborhood.
4. Are there any stipulations which must be attached to the
granting of the variance to ensure compliance and to protect
adjacent properties? (If yes, specify stipulations under
Item C "DECISION" on the next page).
I conclude: Yes.. The following stipulations should be
adhered to.
I
C. DECISION
Based upon the foregoing, the undersigned determines that the
request be avuroved
Stipulations:
1. The north wall of the garage be constructed with no
openings, and with .materials which provide a one hour
fire rating.
2. The eave over the north wall project no more than one
foot outward.
3. Fill associated with this project may not be placed in
such a maner as to alter existing elevations or flow
characteristics, which results in an adverse impact on
adjacent properties.
D. APPEALS
Any party not in agreement with the decision of the Hearing
Examiner may appeal the decision by delivering to the
Community Development Director a notice of appeal within ten
days of the date. the decision is filed. The appeal shall be
to the board of adjustments and appeals.
Byron Wallace
Community Development Director
City of Richfield
6700 Portland Avenue South
Richfield, MN 55423
(61.2) 861-9760
DATED: September 23, 1991
Hearing Examiner ~ ~Z-~
City of~Richfield
[PC/Zoning)Form-HE-Decision
~'~
Date: September 28, 1991
To: Mr. Byron Wallace
Community Development Director
City of Richfield
From: Mrs. Ruby D. Lundeen
6636 Lynnwood Blvd.
Richfield, MN 55423
Re: Case No. 91-V-6
Applicant Bryan Bruley
6735 Lynnwood Blvd.
Richfield, MN 554.23
Hearing Date: Sep. 17, 1991
This is to inform you that I am appealing the decision of
Vern Luettinger, hearing examiner, to grant the above xequest for
variance to allow a detatched acessory building forward of the
principal building and a two foot .front yard setback.
Below are listed my objections to the determinations made in the case:
1). In regards to the conclusion of undue hardship. Mr. Bruley
purchased the house in full awareness of the existing garage and
the existing ordinance regulations regarding use of the property.
Under the same ordinance my house is situated with all its major rocns
end views facing south and directly opposite the proposed garage.
This garage,. if built, will adversely affect my enjoyment of my
property and the value of my property.
2). Regarding the conclusion that there are unique circumstances
affecting the property, notcreated by the owner. I have reason to
believe that thereis sufficient property to build a garage within
the provision of existing ordinance, but that Mr. Bruley's
reluctance to do so is based on his wish t.o preserve certain
trees. Accordingly, I request that an official survey of his
property be provided to me and to the be+ard of adjustments and appeals.
5-~
3). In response to the cor~c~usion that granting the variance will
not alter the essE~r.t.i~+l character of the neighborhood, but will be
"an overall ~mFrovement to the neighborhood", I am at a loss to
understar;d the reasoning used in making this statement. The garagE
~:il] create the effect of an inner.-city alley rather than an '
attractive cul-de-sac boulevard.
I have retained an attornE~y who will contact your office by
October third.
Respectfully,
Mrs. Ruby D. Lundeen
~~
CITY OF RICHFIELD, MINNESOTA
Council Letter No. 278
Agenda October 28, 1991
Issue Statement:
Consideration of an application for renewal of a residential
kennel license for Claire Todd, 7425 Pleasant Avenue, Richfield.
Background•
On October•16, 1991 Claire Todd submitted an application for a
residential kennel license. She owns three dogs and two cats.
Ms. Todd's application had all contiguous property owner's
signatures on it.
On October 19, 1991, an inspection of the property was conducted
by a Community Service Officer. There were no apparent problems
found at that time.
Although this application is for three dogs and two cats, it does
not exceed the maximum number of six animals that was approved by
the Council as policy on July 22, 1991.
Recommended Motion:
Staff recommends that the application for a residential kennel
license be approved.
Basis for Recommendation: '
1. It is up to the animal owner to prove that the keeping
of more than two dogs and two cats does not have an adverse
effect on the neighborhood. Ms. Todd has been able to do
this.
Alternative Recommendation:
1. The Council could decide to deny Ms. Todd's residential
kennel license. This would mean that she would have to
reduce the number of dogs she has from three to two.
Discussion/Decision Mode:
Recommendation to approve the application for a residential
kennel license for Claire Todd, 7425 Pleasant Avenue, is
presented for Council consideration at this time.
Respec fully submitted,
Jam D. Prosser
City Manager
JDP:ds
4N
CITY OF RICHFIELD, MINNESOTA
Council Letter No. 277
Agenda October 28, 1991
Issue Statement•
Change Order No. 1, in the amount of $44,792, for City Project
708-1572, 69th and Xerxes Storm Sewer.
Background•
As work on•the 69th and Xerxes storm sewer project has
progressed, some unforeseen conditions have been encountered.
The following is a breakdown and detail of each increase:
1. Because of soil conditions in the storm sewer trench and
rainfall during the project, more fill was required than
anticipated. The fill is necessary to bring the trench back
to grade. Additional cost is estimated to be $31,500.
2. Approximately 330' of existing watermain, not directly
disturbed by the project, required .replacement. Also, a
major service feeding the Hennepin Government Center building
adjoining the project had to be moved for the project to
continue. Additional cost is estimated to be $10,342.
3. Additional quantities of existing honeysuckle shrubs were
disturbed by relocating the water service. Additional cost
is estimated to be $2,100.
4. Two additional replacement trees were needed. Additional
cost is estimated to be $600.
5. Clearing/grubbing for one tree was needed. Additional cost
is estimated to be $250.
The total additional cost is estimated to be $44,792.
As a result of this change order, the adjusted contract price is
$526,662. The 60 working days provided for completion of the
contract is unchanged. The project should be complete the end of
November, 1991.
Recommended Motion:
Approve Change Order No. 1, in the amount of $44,792, for City
Project 708-1572 for Contract No. 2514 between the City of
Richfield and S. M. Hentges & Sons, Inc.
Basis of Recommendation:
1. The Change Order catalogs additional work which has been
necessary for successful execution of the contract. The
conditions which brought about the need for the Change Order
were discovered upon digging the trench. Although the exact
nature of these unforeseen conditions can nver be predicted,
it is not uncommon for these kinds of change orders in an
underground construction project. Most of the work
identified has been completed.
yN- i
2. There is sufficient funding available in the storm sewer
utility fund for this Change Order.
Alternative Recommendation:
None.
Discussion/Decision Mode:
This item is scheduled for the October 28, 1991 City Council
meeting. Action should be taken at this time ensure timely
completion of the project.
Resp t lly submitted,
Jam s D. Prosser
City Manager
JDP:ds
ICY
CITY OF RICHFIELD, MINNESOTA
Council Letter No. 276
Agenda October 28, 1991
Issue Statement•
Purchase in excess of $5,000 for rain shelters at the Rich Acres
Golf Course.
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 proposal includes materials and installation of two rain
shelters (lightening protected) on the Rich Acres Golf Course.
The rain shelters will be strategically placed on the front and
back nine of the regulation course to shelter golfers from rain
during, unexpected bad weather.
Staff would like to install the shelters this fall while the
ground is dry. Waiting until spring could cause construction
damage to the course with heavy equipment. In addition, spring
start up is always extremely busy for maintenance staff. Fall is
less intense and allows staff time to sufficiently supervise the
project. Installation can take place any time befor mid-
November.
The following quotations have been received:
Bob Klein & Associates. $7,440
(includes materials only)
MacDonald Home Improvement $13,574
(materials and installation)
Parsley Builders $15,020
(materials and installation)
Recommended Motion:
Approve the purchase of the two rain shelters .from MacDonald Home
Improvement in the amount of $13,574 for the Rich Acres Golf
Course.
Basis of Recommendation:
1. Rich Acres needs to offer protection to its golfers from
severe weather. This has become a greater concern in light
of the deaths at the US Open and PGA Championship.
2. MacDonald Home Improvement had the best price.
3. There are sufficient funds in the Golf Course Enterprise Fund
to cover this purchase.
~ ~-i
Alternative Recommendation:
1. The Council could choose to continue with the existing
conditions.
2. The Council could select another supplier, though they are
more expensive.
3. The Council could direct staff to look for alternatives,
although staff feels this is the best choice.
Discussion/Decision Mode:
In order to install the shelters this fall while the soil is dry,
this item is scheduled for the October 28, 1991 regular City
Council meeting.
Respectfully submitted,
Jame D. Prosser
City anager
JDP:ds
~F
CITY OF RICHFIELD, MINNESOTA
Council Letter No. 275
Agenda October 28, 1991
Issue Statement•
Purchase in excess of $5,000 for automatic spin grinder for Rich
Acres Golf Course.
Background•
The City Council policy resolution in 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 Golf Course mower fleet consists of 43 reel-type cutting
units. The turf is being cut shorter and more frequently. For
example, in 1983 the. fairways were cut at 1.25 inches twice a
week. Now fairways are cut at .75 inches. and mowed three to four
times a week. This means more sharpening of the fairway cutting
units during mid-season. Cutting fairways at .75 inches makes a
excellent playing surface for golfers but causes some damage to
cutting units. Foreign material such as golf shoe spikes and
golf cart parts get into the reel and bend or break blades.
Next season staff will be going to a sand top dressing program on
the greens. This will require even more frequent sharpening of
mowers due to the abrasive effect of sand on the cutting units.
Currently, a ten year old Foley manual sharpener is being used
for sharpening cutting units. This piece of equipment cannot
keep pace with the current demand for increased sharpening.
Golf Course staff have researched automatic sharpeners (spin
grinders) over the years. An automatic sharpener would repair
cutting units faster and produce less "down" time for the units,
as well as reducing potential for personal injury.
The staff requested quotations for a new automatic spin grinder
and the following .quotes have been received:
MTI Distributing Co. - $10,100
(Neary Unit)
Neary Manufacturing - $12,120
(Neary Unit)
T. I. International, Inc. - $13,900
(T. I. Unit)
Supreme Mowing, Ltd. - $19,500
(Supreme Unit)
Recommended Motion:
Approve a purchase order to MTI Distributing Co. for a Neary Unit
in the amount of $10,100 for an automatic sharpener.
4 ~" ~
Basis of Recommendation:
1. The old sharpening unit is no longer able to keep up with the
demands of increased mowing.
2. The Neary unit from M.T.I. will increase productivity as
well as reduce potential for personal injury.
3. There are sufficient funds in the Golf Course Enterprise Fund
to cover this expense.
Alternative Recommendation:
1. The Council could choose to reject the quotations and direct°
staff to obtain new quotations. However, staff does not
believe we can obtain a better price from a reputable
manufacturer or distributor.
2. Council could authorize, a purchase from another vendor
submitting a quotation.
3. Council could deny the purchase and ask staff to continue
with the existing manual sharpener although this unit does
not keep pace with demand and provides a higher risk of
personal injury than does an automatic sharpener.
Discussion/Decision Mode:
This item is scheduled for the October 28, 1991 regular City
Council meeting.
Respect lly submitted,
James Prosser
City anager
JDP:ds
4~
CITY OF RICHFIELD, MINNESOTA
Council Letter No. 274
Agenda October 28, 1991
Issue Statement:
Setting date of hearing for renewal of on-sale liquor licenses.
Background:
The on-sale liquor licenses for restaurant establishments will
expire on January 1, 1992. City ordinance provides that the City
Council conduct a public hearing to consider all liquor license
renewals.
Recommended Motion:
Schedule December 9, 1991 as the_date to hold public hearings on
the renewal of liquor licenses for Chi Chi's Mexican Restaurante;
The Ground Round; American Legion Post No. 435; VFW .Post No.
5555; and Champps of Richfield.
Basis for Recommendation:
1. Hearings must be scheduled and held before a renewal license
may be considered.
2. The renewal process has been initiated.
3. Holding the public hearing on December 9, 1991 will provide
ample time to complete the licensing process before January
1, 1992.
Alternative Recommendation:
1. Schedule the hearings for another date. However, this may
delay the licensing process.
Discussion/Decision Mode:
Action to schedule the public hearings on October 28, 1991-will
provide sufficient time for legal publication of the hearings.
Respect lly submitted,
James Prosser
City nager
JDP:ds
7~
CITY OF RICHFIELD, MINNESOTA
Council Letter No. 273
Agenda October 28, 1991
Issue Statement:
Setting date of hearing for-the renewal of wine licenses.
Background•
The wine licenses for restaurant establishments will expire on
January 1, 1992. City ordinance provides that the City Council
conduct a public hearing to consider all wine license renewals.
Recommended Motion:
Schedule December 9, 1991 as the date to hold public hearings on
the renewal of wine licenses for Miller's Fireside Pizza; and
Davanni's Pizza and Hot Hoagies.
Basis for Recommendation:
1. Hearings must be scheduled and held before a renewal license
may be considered.
2. The renewal process has been initiated.
3. Holding the public hearings on December 9 will provide ample
time to complete the licensing process before January 1,
1992.
Alternative Recommendation:
1. Schedule the hearings for another date. However, this may
delay the licensing process.
Discussion/Decision Mode:
Action to schedule the public hearings on October 28, 1991 will
provide sufficient time for legal publication of the hearings.
Respectfully submitted,
Jame Prosser
City Hager
JDP:ds
~C
CITY OF RICHFIELD, MINNESOTA
Council Letter No. 272
Agenda October 28, 1991
Issue Statement:
Request for authorization to purchase cable television broadcast
equipment.
Background•
The City Council policy resolution on purchasing. provides that
when purchases of merchandise, materials, equipment or
construction exceed the amount of $5,000, authority to purchase
shall be submitted to City Council for consideration. The
subject of this Council letter is a purchase in excess of $5,000.
At the October 7, 1991 City Council Study Session, Council
Members were informed that the current cable television equipment
configuration used to broadcast City Council meetings is in need
of upgrading. The current arrangement, which utilizes an older
tube camera with two new chip cameras, is an undesirable mixture
of different generations of cable television technology. The
result has been a steadily deteriorating picture which is
incapable of providing true color and color balance. In
addition, the tube camera has had significant problems with
focus. The solution to the problem is twofold.
First, the antiquated three-tube camera must be replaced with a
three-chip camera as similar as possible to the City's current
three-chip camera. This will provide for matching camera light
intensity and color as nearly as possible.
Second, a simple vectorscope should be purchased so that
broadcast production staff has a piece of equipment capable of
color balancing a multi-camera broadcast. Vectorscopes are
normally considered standard equipment in a studio cable
production setting.
Prior to soliciting quotations, it was staff's estimation that
the new camera along with a zoom lense and power supply would
cost approximately $5,600 and that the vectorscope would cost
approximately $1,850. Quotations were received from Alpha Video
of Bloomington and Todd Communications of Minneapolis.
JVC KY-17U Camera including Zoom Lense and AC Adapter
Alpha Video net bid: $5,417
Todd Communications net bid: $5,727.94
Leader Vectorscope 5850C
Alpha Video net bid: $1,709
Todd Communications net bid: Did not submit bid
In addition, both vendors were asked to provide bids for
additional miscellaneous equipment for the camera including a
remote focus, remote zoom and view finders.
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The additional equipment would allow the camera to be operated
entirely from behind, similar to professional studio cameras. It
was anticipated that the additional features would total
approximately 51,250. The equipment was bid separately by both
Alpha video (51,267.00) and Todd Communications (51,278.43).
However, Alpha Video presented an alternate proposal to combine
the KY-17U Camera, zoom lens, power supply and the three pieces
of miscellaneous equipment for an immediate $500.00 rebate to be
applied to the invoice. The result is the following proposal
from-Alpha Video:
KY-17U Camera, including zoom lens,
power supply, remote zoom and focus
and 4" studio viewfinder ......................$6,184.00
Vectorscope ....................................1 709.00
Total ....................................57,893.00
The Alpha proposal represents an excellent opportunity to obtain
a first rate camera setup for several hundred dollars less than
anticipated.
Recommended Motion:
Authorize the purchase of a JVC KY-17U camera package and
vectorscope from Alpha Video and Audio in the amount of 57,893.00
Basis of Recommendation:
1. The new camera and vectorscope are necessary to provide
Richfield viewers with an acceptable quality of picture of
City Council meetings.
2. The old tube camera has served its purpose and is now an
antiquated part of the City's system in need of replacement.
3. A vectorscope is a necessary piece of studio equipment needed
to balance video output.
4. The necessary funds are provided for in the City's cable
budget.
5. Franchise fees paid by Richfield cable customers are remitted
to the City to pay for purchases such as this. Franchise
fees are provided so that the City may provide quality
public access cable television.
Alternative Recommendation:
1. The City Council could decide to withhold approval of the
purchase of the camera and vectorscope.
2. The City Council could direct staff to direct the staff to
buy either the camera or the vectorscope.
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3. The City Council could direct staff to purchase the camera
and base accessories without the three added features.
4. The City Council could direct staff to seek additional
quotations.
Discussion/Decision Mode:
It is suggested that the purchase be authorized at the October
28, 1991 City Council meeting so the equipment may be ordered and
installed as quickly as possible and be on line well before the
end of the current year.
Respect lly submitted,
Jame D. Prosser
City anager
JDP:ds
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CITY OF RICHFIELD, MINNESOTA
Council Letter No. 271
Agenda October 28, 1991
Issue Statement:
Request for a one year extension to the lot width and area
variances for 6321 Humboldt Avenue and 6313 Morgan Avenue.
Background:
On November 28, 1990, the Richfield Hearing Examiner granted lot
width and area variances to the HRA for 6321 Humboldt Avenue and
6313 Morgan Avenue. The variances allowed these sites to be
redeveloped through the Expanded New Home Program.
Recommended Motion:
Approve the request for a one year extension of the lot width and
area variances at 6321 Humboldt Avenue and 6313 Morgan Avenue.
Basis of Recommendation:
1. Extensions have been routinely granted to petitioners when
there are no.changes in the proposed development.
2. If extended, the variances would expire on November 28, 1992
unless the homes are completed or the variances are further
extended.
3. The building permit process has been initiated by Marv
Anderson Homes to construct a home at 6313 Morgan Avenue but
it will not be completed by the .expiration date this year.
4. There has been interest exhibited in the purchase and
development of 6321 Humboldt Avenue but no contract has. been
signed.
Alternative Recommendation:
Deny the extension for the variances if the circumstance of the
variances have changed.
Discussion/Decision Mode:
Consideration of this item is .scheduled on the consent calendar
of the October 28, 1991 City Council meeting.
Respectfully submitted,
Jam D. Prosser
Cit Manager
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CITY OF RICHFIELD, MINNESOTA
Council Letter No. 270
Agenda October 28, 1991
Issue Statement:
Resolution encouraging development of Bryant Lake Regional Park.
Background•
A system of regional parks has been established. In Hennepin
County, there are limited regional park opportunities in the
southern area of the County. Bryant Lake Regional Park is in the
area of Crosstown 62 and I494. It could serve the residents of
Richfield and others in the area. Several .communities are
currently considering action in support of development of Bryant
Lake Regional Park. Members of the Richfield Community Services
Commission recommend adoption of the attached resolution.
Recommended Motion:
Approve the attached Resolution encouraging development of the
Bryant Lake Regional Park.
Basis of Recommendation:
1. Regional parks should be available to Richfield residents.
2. There are limited regional park opportunities in southern
Hennepin County.
3. The Richfield Community Services Commission and others
recommend the development of Bryant Lake Regional Park.
Alternative Recommendation:
1. Do not approve the attached resolution.
2. Approve an amended version of the attached resolution.
Discussion/Decision Mode:
This item is scheduled for the October 28, 1991 Council meeting.
Action may betaken at any time. However, any Council action is
more likely to be taken into consideration during priority
setting for regional park development if Richfield's concerns are
made known as soon as possible.
Respectfully submitted,
James Prosser
City M nager
JDP:ds
Attachment
4A-i
RESOLUTION NO.
RESOLUTION ENCOURAGING DEVELOPMENT OF
BRYANT LAKE REGIONAL PARK
WHEREAS, the City of Richfield and the Richfield Community
Services Commission recognize that Hennepin Regional Parks are an
extension of Richfield's open space and recreational
opportunities; and
WHEREAS, a contiguous regional park offering boating,
fishing, and a large picnic area would greatly benefit the
residents of Richfield; and
WHEREAS, the City of Richfield encourages development of a
regional park in the southern part of Hennepin County, and
WHEREAS, the City of Richfield urges Hennepin Parks to set
the development of Bryant Lake Regional Park as its first
priority in 1992.
NOW, THEREFORE, BE IT RESOLVED that the Richfield City
Council and the Richfield Community Services Commission support
and encourage the development of the Bryant Lake Regional Park in
the City of Eden Prairie.
Passed by the City Council of the City of Richfield, Minnesota,
this 28th day of October, 1991.
Martin J. Kirsch Mayor
ATTEST:
Thomas P. Ferber City Clerk
CITY OF RICHFIELD, MINNESOTA
Council Letter No. 269
Agenda October 28, 1991
Issue Statement:
Proclamation declaring November 21, 1991 as Don I. Anderson-Day
and recogniton of Don I. Anderson being named recipient of the
Minnesota Recreation and Park Association (MRPA) 1991
Board/Commission Award.
Background•
Don I. Anderson has been selected to receive the 1991 Minnesota
Recreation and Park Association (MRPA) Board/Commission Award.
Open to any Board or Commission member in the State of Minnesota,
the award is for outstanding service in the recreation, park and
leisure service field. The honor singles out Don I. Anderson for
his significant contributions to public policies, financing and
delivery of high quality recreation and park services that have
enriched the people in the community.
Mr. Anderson was a member of the Richfield Park and Recreation
Commission from 1973 through 1980 serving as Chair in 1978 and
1979. He was appointed to the Richfield Community Services
Commission in 1983 and served as Chair in 1985, 1986 and 1987.
From 1978 to 1980, Mr. Anderson .was actively involved in the Golf
Course Ad Hoc Committee. As a member of this committee, Mr.
Anderson worked toward confirmation of site and lease
arrangements with the Metropolitan Airports Commission and
establishment of design and operation policies. He supported
special legislation for funding used in the development of
Richfield's Rich Acres Golf Course. He was instrumental in
gaining the support and backing of the Richfield Chamber of
.Commerce which resulted in sponsorship of all 27 holes by
businesses who made donations to fund ball markers, benches, hole
and yardage signs. Mr. Anderson made the contact to test
research golf course maintenance equipment at Rich Acres Golf
Course at no cost to the City.
Mr. Anderson has been actively involved in park development. He
participated on the committee which recommended a City
coordinated park and recreation program be established. This
became reality in 1970 and the first Master Park Plan was
established. Mr. Anderson attended neighborhood meetings held to
plan parks. He made the suggestion, which was used, to have
University of Minnesota students prepare preliminary design
concepts for Richfield's community park at Veterans Memorial Park
of Richfield. He participated in Citywide meeting to update the
Master Park Plan. The updated Plan was adopted in 1989.
At the present time, Mr. Anderson is a member of the Richfield Ad
Hoc 135W/I494 Traffic Committee and serves as Vice-Chair. He has
been actively protecting existing parks and working toward
enhancing park and recreation opportunities such as expansion of
park space and creation of a bike/hike parkway.
The list of Don I. Anderson's involvement in the leisure service
field continues with such items as the Swim Pool Confidential
Assistance Program, forestry program and policies, City support
and treatment of special interest groups, the local Chamber of
Commerce, and activities with his family.
The Minnesota Recreation and Park Association will honor him with
the 1991 Board/Commission Award. The award will be presented at
the MRPA annual state conference on November 21, 1991. For
banquet information, call-861-9790.
Recommended Motion:
Congratulate Don I. Anderson, recipient of the 1991 Minnesota
Recreation and Park Association Board/Commission Award, and adopt
the attached proclamation declaring November 21, 1991 as Don I.
Anderson Day in the City of Richfield.
Basis of Recommendation:
1. Richfield is very proud of Don I. Anderson and pleased that
the Minnesota Recreation and Park Association will honor him
with the 1991 Board/Commission Award.
2. This is the first time someone from the City of Richfield has
received an MRPA award.
Alternative Recommendation:
None.
Discussion/Decision Mode:
This item is scheduled for the October 28, 1991 Council meeting.
Council members are reminded to make their reservation(s) for the
November 21 MRPA awards banquet by calling 861-9790.. Banquet
reservations are due no later than November 4, 1991.
Respect ully submitted,
Jame Prosser
City nager
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