06-25-90 agenda~~
CITY OF RICHFIELD, MINNESOTA
Council Letter No. 157
Agenda June 25, 1990
Issue Statement•
Presentation of•Certificate of Recognition from Senior Community
Services
Background•
The Senior•Outreach Program and the H.O.M.E. Program, both.
operate out of the South Hennepin Human Services Council
facility, and both. are supported by the Richfield City Council.
They are desirous of expressing their appreciation for-the
support of the Council by presenting the City Council with a
Certificate of Recognition.
Recommendation•
Accept the certificate from members of the Senior Outreach
Program.
Basis for Recommendation:
1. The certificate has been prepared for presentation on June
25.
Alternative Recommendation:
1. None
Discussion/Decision Mode:
This item is scheduled under the Presentation Section of the June
25, 1990 City Council agenda.
Res c fully submitted,
I c.~
e L. evic
Acting City Manager
SLD: e~ a
#L,~f}
CITY OF RICHFIELD, MINNESOTA
Council Letter No. 158
Agenda June 25, 1990
Issue Statement•
Purchase in excess of $5,000 for a Rich Acres Golf Course greens
aerator.
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 approved 1990 Central Garage budget contains $8,500 for the
purchase of an aerator for Rich Acres Golf Course. .The
specifications asked for a quotation on a trade-in of a Ryan
Greensaire II. Two informal quotes were received as follows:
Base Ouote Trade-In Total
North Star Turf, Inc.
Ryan GA30 Riding Aerator 8,950 (750) $8,200
MTI Distributing Co.
Toro Greens Aerator 9,796 (1,200) 58,596
Recommended Motion:
Approve a purchase order to MTI Distributing Company in the
amount of $8,596 for the purchase of a Toro Greens Aerator.
Basis of Recommendation:
1. While. both aerators quoted met minimum specifications, the
Ryan GA30 has no brake or deadman throttle, creating a
definite safety hazard. Also, it has been staff experience
that the Ryan aerators are high maintenance vehicles.
2. The Golf Course has owned a Toro aerator since 1986, and the
unit has proven to be highly reliable. Parts for the Toro
model would also be interchangeable for the existing model.
3. The budget would be revised to cover the additional $96.
Alternative. Recommendation:
Council could choose to reject both quotations and instruct staff
to obtain new ones. However, staff does not believe we can
obtain better quotations from reputable manufacturers:
~yA-I
Discussion/Decision Mode:
Staff is asking for approval at this time in order to facilitate
delivery of the new greens aerator.
Res c ully submitted,
,~
L. De ch
Acting City Manager
SLD:ds
#48
CITY OF RICHFIELD, MINNESOTA
Council Letter No. 159
Agenda June 25, 1990
Issue Statement•
Award of Contract for the 1990 Sealcoating Project.
Background:
In 1979, the City of Richfield began a phased project of roadway
improvement by sealcoating all of the City's bituminous streets.
A thin coat of emulsified oil is applied, then covered with rock.
This process rejuvenates the surface of the street and prevents
it from deteriorating.
Allied Blacktop was the successful bidder for the 1987 project
with a bid price of $65,263.70. Bituminous Roadways was the
successful bidder for the 1988 project with a bid price of
$69,590.72 and, again, was the contractor for the 1989 project
with a low bid of $118,742.40.
A bid opening was held June 15,1990 with the following results:
Company Base Hid Alternate "A"**
Astech Asphalt Surface Tech. Corp. $120,000.00 $107,987.63
Bituminous Roadways, Inca 115,261.16 107,561.16
/~`~~ Allied Blacktop, Inc. 103,255.64 98,467.64
** Alternate "A" is a deduct for post-application sweeping to be
performed by City crews, rather than by the contractor.
Recommended Motion:
Accept the bid minutes/tabulation and award a contract in the sum
of $98,.467.64, including Alternate "A", to Allied Blacktop, Inc.
Basis of Recommendation:
1. Allied Blacktop, Inc. is the lowest responsible bidder.
2. The 1990 Street Division operating budget contains $186,000
for this project. The project includes staff time for crack
repairs and sweeping. Contractor's bid on estimated
quantities and costs will be monitored.
Alternative Recommendation:
Council may choose to reject all bids and direct staff to obtain
new bids. However, the three bidders include the top contractors
in the field, and the prices for the work are unlikely to be
lowered enough to justify the cost of the rebidding process.
~ ~8-I
Discussion/Decision Mode:
Staff would like to schedule this work as soon as possible as the
bid specifications state the work is to be completed by August 1,
1990. Council approval at this time will facilitate completion
by the specified deadline.
Res ec~tfully ubm tted,
L. De ch
Acting City Manager
SLD/reb
Attachment
CITY OF RICHFIELD, MINNESOTA
~4~-z
Bid Opening
June 15, 1990
11:00 A.M.
1990 Sealcoat Project
Bid No. 90-9
Pursuant to requirements of Resolution No. 1015, a meeting of the
Administrative Staff was called by Thomas P. Ferber, City Clerk,
who announced that the purpose of the meeting was to receive,
open and read aloud, bids for 1990 sealcoat project, bid no. 90-
9, as advertised in the official newspaper on May 23, 1990.
Present: Donald Fondrick, Community Services Director
Steve Devich, Acting City Clerk
Eileen Anderson, City Manager Representative
Roxi Braa, Administrative Aide
The following bids were submitted and read. aloud:
VENDOR BID TOTAL
SECURITY
Allied Blacktop 5$ Bond $ 103,255.64
Alternate
Maple Grove S 98,467.64
Astech Asphalt Surface 5$ Bond S 120,000.00
Technologies Corporation
Alternate
St. Cloud S 107,987.63
Bituminous Roadways, Inc. 5$ Bond $ 115,261.16
Alternate
Minneapolis S 107,561.16
The City Clerk announced that the bids would be tabulated and
considered at the June 25, 1990 City Council Meeting.
Thomas P. Ferber City Clerk
~~c
CITY OF RICHFIELD, MINNESOTA.
Council Letter No. 160
Agenda June 25, 1990
Issue Statement•
Approval of the•1990 Labor Agreement with Local 49 of the
International Union of Operating Engineers (Local 49) and the
City of Richfield.
Background:
The City of Richfield maintains a Labor Agreement with Local 49
which represents the City's maintenance workers, including
position classifications such as community service. workers, water
plant operators and mechanics. .This unit is comprised of
approximately 40 City employees.
For the past several years, the City has negotiated a Master
agreement through the Metropolitan Area Management Association
(MAMA) which covered aspects of their employment such as wages,
insurance, holidays and other benefits. In addition, the City
staff_negotiated over supplementary provisions contained in an
Addendum to the Labor Agreement. For the past two years, there
has been a move toward eliminating the MAMA negotiated Master
Agreement and replacing it with one agreement negotiated between
each city and its Local 49 employees. For 1990, this represents.
the first year that the entire Labor Agreement, master and local
issues, is included in one Labor Agreement negotiated between the
City of .Richfield and its Local 49 employees.
During the 1990 negotiation sessions, the City proceeded from
negotiations into mediation. After two mediation sessions, the
City staff and Local 49 agreed to a tentative agreement. The
major provisions of that Agreement which were changed from the
previous contract were: wages, health insurance, life insurance,
Personal Leave, Short-term Disability, Long-term Disability,
Bereavement Leave. and holidays.
The tentative settlement approved by Local 49 and before the City
Council for City approval contains the following significant
changes:
Wages 3$ across-the-board increase and a
1$ lump sum payment
Health Insurance $25.90 increase per month
toward dependent coverage for a
maximum contribution of $210 per
month
Life Insurance An increase from $5,000 coverage
to $15,000 coverage
~yC-1
Leave
Holidays
Elimination of the City Sick Leave
Benefit to be replaced by the
City's Personal Leave, Short-term
Disability, Long-term Disability
and Bereavement Leave programs
The addition of Martin Luther
King, Jr. Day as a paid holiday.
The term of the Labor Agreement is from January 1 through
December 31, 1990.
Recommended Motion:
Adopt the attached resolution approving the 1990 Local Addendum.
Basis of Recommendation:
1. The City has met, negotiated and attended mediation sessions
with Local 49 for the settlement of the 1990 contract and has
agreed upon a tentative settlement as outlined in this
Council` Letter.
2. The Local 49 employees have approved the changes in the
Agreement for 1990.
3. The wages package included in the Local 49 package is in
compliance with the City's comparable worth program.
4. The other insurance and benefits provided for in this
Agreement are comparable to those benefits provided to other
City employees.
Alternative Recommendation:
1. The City Council could vote not to approve the recommended
settlement with Local 49 and require additional mediation.
2. The City could delay adoption of-the recommended settlement
with Local 49.
Discussion/Decision Mode:
It is recommended that the City Council act on June 25, 1990 to
adopt the attached resolution providing adoption of the 1990
Labor Agreement effective January 1, 1990. This will give the
City staff adequate time to process wage and benefit adjustments
necessary under the contract in an expeditious manner.
Res ctfully submitted,
t v c
Acting City Manager
SLD:ds
Attachment
~ ~c-~
' RESOLUTION NO.
RESOLUTION APPROVING ADDENDUM
TO LABOR AGREEMENT BETWEEN THE CITY OF RICHFIELD
AND INTERNATIONAL UNION OF OPERATING ENGINEERS
LOCAL 49 AFL/CIO FOR THE YEAR 1990
WHEREAS, the City Manager has reached an agreement with the
International Union of Operating Engineers Local 49 for the year
1990, and
WHEREAS, the personnel ordinance requires that contracts between
the City and the exclusive representative of employees in an
appropriate bargaining unit shall be implemented by Council
resolution.
NOW, THEREFORE, BE IT RESOLVED that the City Council does hereby
approve the Labor Agreement between the City of Richfield and the
International Union of Operating Engineers Local 49 for the .year
1990, and that the City .Manager is hereby authorized to execute
the same on behalf of the City of Richfield.
Passed by the City Council of the City of Richfield this 25th day
of June, 1990.
/"~., Steven J. Quam Mayor
ATTEST:
Thomas P. Ferber City Clerk
~4~
CITY OF RICHFIELD, MINNESOTA
Council Letter No. 161
Agenda June 25, 1990
Issue Statement:
Request by Minneapolis-Richfield American Legion Post 435 for a
Temporary On-Sale Non-Intoxicating Malt Liquor License for July
3-4, 1990.
Bachround
On June 12, 1990,. Minneapolis-Richfield American Legion Post 435
submitted a request for a temporary license to serve non-
intoxicating malt liquor (3.2 beer) on the evening of July 3
and during the day on July 4. They are requesting that any fee
be waived.
This-request is in conjunction with the Richfield Fourth of July
celebration and has been organized by the Fourth of July
Committee.
Recommended Motion:
~ Approve a fee waived, temporary license for July 3-4, 1990 with
the stipulations that the sale of 3.2 beer cease no later than
midnight on both dates, and that the applicant submit proof of
liquor liability insurance coverage for the outside property on
which the beer will be served and consumed.
Basis of Recommendation:
1. The applicant has complied with the City codes pertaining
to a temporary on-sale beer license.
2. The applicant has agreed to supply additional liquor
liability insurance coverage.
3. The City has previously issued temporary on-sale beer
licenses in conjunction with the Fourth of July
celebration.
Alternative Recommendation:
1. The Council could decide to deny the request. The Public
Safety Department has not found any basis for a denial.
In addition, the Council has previously granted temporary
on-sale beer licenses in conjunction with the Fourth of
July celebration.
~ y D-I
Discussion/Decision Mode:
The request for the temporary
license has been placed on the
1990. .
SLD:ds
non-intoxicating malt liquor
consent calendar for June 25,
Re p ctfully su matted,
S en L. a ch
Acting City Manager
MINNEAPOLIS-RICHFIELD AMERICAN LEGION POST 435
~,~,; 3 ~.,,. ~ 4 o z
--~
- .:.
/_'" v
s ~'G,/tr S~\'~1~Y
L!; .l
oSC~ FORT~AND AVENUE 50. RICHFIELD. MINN. 55423 ^ Trlrphone 856.3647
June 12, 1990
Betsy Christensen
P.ichfield Dept. of Public Safety
6700 Portland Ave. S.
year Betsy:
~_~ 'de request permission to serve beer in our parking lot on July 3
and July 4, 1990 in conjunction with Richfield's 4th of July
celebration.
Thank you in advance for your early response.
Sincerely, ;~
/'
< ~
G /
Colin Fowler, 1~.
C1 ub ~Nanager
#~
CITY OF RICHFIELD, MINNESOTA
Council Letter No. 162
Agenda June 25, 1990
Issue Statement•
Request by Fred~Babcock V.F.W. Post. 5555 for a Temporary On-Sale
Non-Intoxicating Malt Liquor License for July 3-4, 1990.
B ckground•
On June 11, 1990, Fred Babcock V.F.W. Post 5555 submitted a
request for a temporary license to serve non-intoxicating malt
liquor (3.2 beer) on the evening of July 3 and during the
day on July 4. They are requesting that any fee be waived.
This request is in conjunction with the Richfield Fourth of July
celebration and has been organized by the Fourth of July
Committee. Their plans are to have an open house and community
dance outside on their property and. they would like to serve
refreshments, including beer.
Recommended Motion:
Approve a fee waived,
~~ with the stipulations
than midnight on both
proof of liquor liabi
property on which the
temporary license for July 3-4, 1990
that the sale of 3.2 beer cease no later
dates, and that the applicant submit
lity insurance coverage for the outside
beer will be served and consumed.
Basis for Recommendation:
1. The applicant has complied with the City codes pertaining
to a temporary on-sale beer license.
2. The applicant has agreed to supply additional liquor
liability insurance coverage.
3. The City has previously issued temporary on-sale beer
licenses in conjunction with the Fourth of July
celebration.
Alternative Recommendation:
1. The Council could decide to deny the request. The Public
Safety Department has not found any basis for a denial.
In addition, the Council has previously granted temporary
on-sale beer licenses in conjunction with the Fourth of
July celebration.
'~ y E-J
Discussion/Decision Mode:
The request for the temporary
license has been placed on the
1990.
non-intoxicating malt liquor
consent calendar for June 25,
fully subtgitted,
rev n L: Devich
Acti g City Manager
SLD:ds
=:
FRED BABCOCK V.F.W. POSE ~No. 5555
~~ -y ~~~,
•~- Veterans of Foreign Wars of the United Stafes ~yE-z
FOUNDED 7889
Telephones: 869.5555 - 869.99a0 - 866.6112
710 LAKESHORE DRIVE - RICHFIELD, MINNESOTA 55423
June 11, 1990
Jim Wright
City of Richfield
Dear Sir;
We are submitting an application for a license to hold a
celebration on the premises of Fred Babcock V.F.W. in conjunction
with the City of Richfield .Annual Celebration. Since this event
is being held to enhance the City celebration we, Fred Babcock V.F.tJ.
Post 5555 are requesting the waiver of the $5,000.00 license fee.
The proceeds from this event will be used to promote and
assist with our on-going Community Service programs.
Sincerely,
~r 11
~~~;ug~!,-J
Jim awler
Commander
~5
CITY OF RICHFIELD, MINNESOTA.
Council Letter No. 163
Agenda June 25, 1990
Issue Statement:
Public hearing on a request for an amendment of the conditional
use permit at 7500 Lyndale Avenue South to allow a larger
replacement building.
Background:
SuperAmerica has a conditional use permit in this C-2 commercial
district to operate a service station store at 7500 Lyndale
Avenue South. SuperAmerica proposes to build a new 37'-4" x 69'-
4" store in place of the existing 33' x 34' store. A prior and
different variance proposal which set the building within the
rear yard setback and eliminated part of the evergreen tree
buffer was denied by the Hearing Examiner. This proposal will be
closer to the west lot line than the. existing structure but will
meet the required setback and will not eliminate the evergreens.
The existing 8 foot high redwood fence on the west side will
remain.
Recommended Motion:
Approve the request for an amendment to the conditional use
permit with the following stipulations:
1. All signage be approved by staff.
2. The existing canopy to remain at the same height and size but,
if changed, it may not exceed 16'-0" in height with a minimum
of 14'-0" in height.
3. The curb cut on 75th Street conform with the City code.
4. Sewer and water services and the condition of the petroleum
tanks be inspected before construction.
5. The evergreens, if removed or damaged, be replaced with
similar landscaping elements to be approved by City staff.
6. The trash dumpster be enclosed on four sides and be
constructed of materials similar to the building or the
existing redwood fence.
Basis of Recommendation:
1. At the May 22, 1990 regular meeting of the Planning
Commission, the Commission voted 7-0 to approve the
recommendation of this conditional use permit amendment with
the exception of Stipulation #3. It was the opinion of the
Commission that the curb cut on 75th Street, although wide,
was not hazardous nor an existing problem and should
# 5-1
be allowed to remain at its current width of 54 feet. six
inches. Subdivision 2 of Section 800.13 states, "No driveway
from private property serving a commercial... use entering
a public street may be less .than 26 feet nor more than 32
feet in width. Upon a showing of necessity and public
convenience, the City Manager may authorize a greater or
lesser width".
2. The existing trees that might be removed or damaged during
construction were a special stipulation in the May, 1983
conditional use permit. The trees are of a substantial size
and constitute an effective buffer.
3. Parking is adequate for the proposed use.
4. The proposed new building upgrades the site without
introducing any new use into the area.
5. This use is consistent with the Comprehensive Plan and the
redesign offers a continued buffer towards the residential
area.
6. The increased landscaping should offer a more attractive site.
Alternative Recommendation:
The City Council may recommend denial of the amendment to the
conditional use permit if a finding of fact determines that the
amendment would have an adverse impact on the surrounding
properties.
Discussion/Decision Mode:
A public hearing is scheduled for
1990. The hearing will be held in
Richfield City Hall, 6700 Portland
Notice of hearing was published in
property owners within 350 feet of
7:00
the
Ave:
the
the
P.M. on Monday, June 25,
City Council Chambers of
nue South.
Sun-Current and mailed to
property.
Res ct ully ubm tted,
v L i
Acting City Manager
SLD:ds
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INNOVATION BY DESIGN
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PAGE 16
WHAT DO YOU HAVE TO DO? Minimum Requirements
You must have Leak Detection, Corrosion Protection, and SpilUOverfilt Prevention.
For b( you have to add these to your tank system, see the chart on the right.
LEAK DETECTIOiNt
NEW TANKS • Mortthly Monitoring'
2 Chokes • Monthly fnveritor~r Control and Tank Tightness Testing Every 5 Years
(Yau can only use this choioe ttx 2t) yeah: char installation.)
EXISTING TANKS • Monthly Monitoring'
9 CAodus • Mouthy Inventory CoMroi and Annual TaMc Tightness Testing
The chart at the battam of (TMs choioe can only be used unLl December 1998)
the next page displays • Monthly Inventory Control and Tank Tightness Testing Every 5 Years
these Choices. (This choice can only be used for 10 years after adding corrosion protection and
spilVoverfill prevention or until December 1998, whichever date is later.)
NEW b EXISTING ~ Automatic Flow Restrictor • Annual Une Testing
PRESSURIZED PIPING • Automatic Shutoft Device -and- • Monthly Monitoring'
Choice of one from esch sec • Continuous Alarm System (except automatic tank gauping)
NEW b EXISTING • Monthly Monitoring'
SUCTION PIPING (except automatic tank gauging)
3 Choice: • Line Testing Every 3 Years
• No Requirements
(ii the system has the characteristics described on ppe 11)
CORROSION PROTECTION
NEW TANKS • Coated and Catholically Protected Steel
3 Cho/ces • F~ergtass
• Steel Tank clad with Fiberglass
EXISTING TANKS • Same Options as for New Tanks
~ Choices • Add Cathodic Protection System
• Interior Lining
• Interior Lining and Cathodic Protection
NEW PIPING • Coated and Catholically Protected Steel
? Cho/ees • Fiberglass
EXISTING PIPING • Same Options as for New Piping
2 Choices • Catholically Protected Steel .
SPILL! OVERFILL PREVENTION
ALL TANKS • Catchment Basins -and- • Automatic Shutoff Devices -or-
• Overfill Alarms -Or-
• Ball Float Valves
' Monthly Monitoring includes: Automatic Tank Gauging Ground-Water Monitoring
Vapor Monitoring Other Approved Methods
Interstitial Monitoring
~>
~~
C
f
PAGE 17
VtsHEN DO YOU HAVE TO ACT? Important Deadlines
E For ~'lFiAj you have to do, see the chart on the left.
TYPE OF
' 'L£AK ' ~~ORROSION SP)LL'I OY£RFlLL
~
ANK ~ P1PlNG DETECTION ~ ~ROTEC710N
N F'RE1/ENT10N
; <
New Tanks and Piping' At installation At installation At installation
Existing TaNcs•'
Installed: By No Later Than:
Before 1965 or unknown December 1989
1965 -1969 December 1990
1970 -1974 December 1991 December 1998 December 1998
1975 -1979 December 1992
1980 -December 1988 December 1993
Existirp Piping"
Pressurized December 1990 December 1998 Does not apply
Sudan Same as existlnD December 1998 Does not apply
tanks
New tanks and piping are those irtstallad aver December 1988
•~ Existing tanks and piping are those installed betoro December 1988
IF YOU CHOOSE TANK TIGHTNESS TESTING AT EXISTING USTs .. .
K you donl use monthly monitoring at existing USTs, you must use a combination of periodic tank
tightness tests and monthly irnenlory control. This combined method can only be used for a tew
years, as the chart below displays.
Was the UST 'upgraded',
which means does rt have
corrosion protection and
spilVovertill prevention
devices?
NO
Oo monthly inventory
control and a tank tightness
test every near until 1998;
then 'upgrade'. For
'upgraded- USTs, use the
box on the right.
Do month invento
Was it • raded• y ry
>. uP9 control and a tank tghtness
YES ~`~ t~efore YES :> bst every 5 vears until
;,, December 1988? 1998; then do monthly
i>:
x> ~ monitoring.
NO
Do monthly inventory
control and a tank tightness
bst every 5 vears for 10
rears aver'upgrading';
then do monthly monitoring..
~~
City of Richfield
Council Letter No. 164
Agenda June 25, 1990
Issue Statement•
Public Hearing authorization to amend the Year XV Urban Hennepin
County Block Grant (CDBG) project funding and execution of ,
appropriate agreements.
Backaround•
On March 27, 1989, the City Council held a public hearing and
subsequently approved funding activities for Year XV CDBG funds
as follows:
Housing Rehabilitation $52,809
Section 312 Rehabilitation Loans 10,000
Scattered Site 65,000
H.O.M.E. 14,100
Daycare 20,000
Economic Dev Revolt' Loan Fund 10,000
Subsequently, Third Party Agreements were executed by the HRA,
City and Hennepin County for Housing Rehabilitation, Section 312,
Scattered Site-and Economic Development.
The HRA has recently assessed these programs and their funding.
~"'~"' They are requesting that funds be transferred from the Section
312 program to Housing Rehabilitation, and from Economic
Development to Scattered Site. Attached to this letter are
copies of the two HRA letters which provide more details on the
transfer request.
The two amendments necessary to implement the changes are
attached. Upon adoption and execution, the Agreement will be
forwarded to Hennepin County for their approval.
Recommended Motion:
Authorize the transfer of $10,000 from Section 312 to Housing
Rehabilitation and $10,000 from-the Economic Development
Revolving Loan Fund to the Scattered Site project.
Additionally, authorize execution of the appropriate Third Party
and Subrecipient Agreements.
Basis of Recommendation:
1. The HRA, which administers these programs, has determined
the transfer is desirable and appropriate.
2. Since HUD regulations consider the transfers "substantial
change", the City Council is required to conduct a public
hearing to amend the Third Party Agreement between the
Richfield HRA and the City of Richfield and the Subrecipient
Agreement between Hennepin County and the City of Richfield.
~6 ~'
3. Year XV CDBG funds must be expended by December 31, 1990.
Alternative Recommendation:
1. Deny the request to transfer the funds.
2. Transfer funds to other eligible projects.
Discussion Decision Mode:
These transfers must occur now to enable expenditure of funds by
the December 31, 1990 deadline.
Re fully s m ~tQed,
~J
n ich
Act ng City Manager
SLD:ds
~b-2
DATE: June 8, 1990
T~:
Judith Kunz, City }~(~
of Richfield
HENNEPIN
FROM:
Mark Hendrickson,
Ofc of Plannin Development
SUBJECT: Amendment to Year XV Subrecipient Agreement
As we discussed earlier this week, I've enclosed the following documents to
be executed for an amendment to the Subrecipient Agreement and Third Party
Agreement.
* Resolution Amending the Year XV Statement (1 original)
* Amendment to Subrecipient Agreement (3 originals)
* Amendment to Third Party Agreement (2 originals)
Following the Public Hearing and City Council Action please submit the follow-
ing:
* Affidavit of Publication for public hearing
* Minutes of City Council meeting covering public hearing and amending
resolution
* Resolution, signed and attested
* Amendment to Subrecipient Agreement (3 signed originals). One will be
returned to the City after execution by the County.
* Amendment to the Third Party Agreement (1 fully executed copy)
Let me know if you have any questions. Good Luck!
MH:tf
Enclosures
~t b-3
RESOLUTION•AMENDING THE YEAR XV URBAN HENNEPIN COUNTY
STATEMENT OF PROJECTED USE OF FUNDS
RESOLUTION N0.
WHEREAS, the city of through a joint cooperation
agreement with Hennepin County is a participant in the Urban Hennepin County
Community Development Block Grant program, and
WHEREAS, the city of on _, 1989,
executed Hennepin County Contract No. A o'13~9 (Year XV Subrecipient
Agreement) which governs the implementation of approved activities in the
Urban Hennepin County Community Development Block Grant program, and
WHEREAS, the city of held a public hearing on
_ , 1989 to consider public comments on a proposed amendment to
the Year XV Urban Hennepin County Statement of Projected Use of Funds,
BE IT RESOLVED, that the city of now amends
the Year XV Urban Hennepin County Statement of Projected Use of Funds by
reallocating $ from #
to
~ ~ (For existing projects
provide ~ and name. For new projects, provide name only.)
BE IT FURTHER RESOLVED, that the City Council of
authorize the Mayor and City Administrator to execute Amendment No. ~ to
Contract A C'1319 to implement the subject amendment to the Year Xv Urban
Hennepin County Statement of Projected Use of Funds.
FURTHER, to authorize the Mayor
Amendment No. ( to the Third Pazty
and
and City Administrator to execute
Agreement executed between the city of p
on Oc~v(jt.r~ ~, 19_~ I .
(provider)
~-~ - y
AMENDMENT N0. 1 TO THIRD PARTY AGREEMENT
THIS AGREEMENT is made and entered into by and between the CITY OF
RICHFIELD, hereinafter referred to as "City" and Richfield Housing and
Redevelopment Authority, hereinafter referred to as "Provider."
It is hereby agreed that the agreement made and entered into on
October 27, 1989, between the herein named parties covering certain terms and
conditions for the implementation for a project assisted with Community
Development Block Grant Program funds to be .made available to the Provider by
the City is hereby amended in accordance with. the provisions set forth below:
Exhibit 1, Attachments A, B, C and D, is hereby rescinded and replaced
with Exhibit 2, Attachments B-1 and C-1 to this amendment.
This amendment reflects the cancellation of the Commercial Rehab-
Revolving Loan Fund and transfer of funds to the Scattered Site Housing
project, and the cancellation of the Section 312 Rehab Loan Program. and the
transfer of funds to the Rehabilitation of Private Property project.
This amendment shall be effective for the same time period as the
original agreement. Except as hereinabove amended, the terms, conditions and
provisions of said agreement dated October 27, 1989, shall remain in full
force and effect.
Provider, having signed this agreement, and the city of Richfield having
duly approved this agreement on _ , 19_ , and pursuant to such
approval the parties hereto agree to be bound by the provisions herein set
forth.
IN TESTIMONY ST~iEREOF, the parties hereto have set their hands and
affixed their seals this day of 19_
Upon proper execution, this agreement will be legally valid and binding.
CITY OF RICHFIELD
STATE OF MINNESOTA
By
Mayor
By
Its
PROVIDER:
By
Its
By
Its
# b-S
AMENDMENT N0. 1 TO THIRD PARTY AGREEMENT
THIS AGREEMENT is made and entered into by and between the CITY OF
RICHFIELD, hereinafter referred to as "City" and Richfield Housing and
Redevelopment Authority, hereinafter referred to as "Provider."
It is hereby agreed that the agreement made and entered into on
October 27, 1989, between the herein named parties covering certain terms and
conditions for the implementation for a project assisted with Community
Development Block Grant Program funds to be made available to the Provider by
the City is hereby amended in accordance with the provisions set forth below:
Exhibit 1, Attachments A, B, C and D, is hereby rescinded and replaced
with Exhibit 2, Attachments B-1 and C-1, to this amendment.
This amendment reflects the cancellation of the Commercial Rehab-
Revolving Loan Fund and transfer of funds to the Scattered Site Housing
project, and the cancellation of the Section 312 Rehab Loan Program and the
transfer of funds to the Rehabilitation of Private Property project.
This amendment shall be effective for the same time period as the
original agreement. Except as hereinabove amended, the terms, conditions and
provisions of said agreement dated October 27, 1989, shall remain in full
force and effect.
~'^~ Provider, having signed this agreement, and the city of Richfield having
duly approved this agreement on _, 19_ , and pursuant to such
approval the parties hereto agree to be bound by the provisions herein set
forth.
IN TESTIMONY WHEREOF, the parties hereto have set their hands and
affixed their seals this day of 19
Upon proper execution, this agreement will be legally valid and binding.
CITY OF RICHFIELD
STATE OF MINNESOTA
By
Mayor
By
Its
PROVIDER:
By
Its
By
Its
#!o-b
~,~`/ HOUSZNC AND REDEVELOPMENT AUTHORITY
~' HRA Letter No. 11
Agenda May 21, 1990
Issue Statement:
Authorization to transfer CDBG Year XV Section 312 Loan Prograr~
Funds to the Rehabilitation Deferred Loan Program.
Backyrous~d:
The HUD Section 312 Rehabilitation Loan Program was implemented
in August, 1986, to provide rehabilitation loans of up to S33,500
for eligible, owner-occupied, single family properties. The
annual interest rate is 3$. HRD staff is responsible for
processing the application and determining the eligibility of the
house and household. The HRA has a service agreement with the
City of Saint Paul for the complicated loan origination and
closing process. This agreement expires June 30, 1990.
Staff has found it difficult to successfully generate Section 312
Program loan activity because of restrictive program
requirements:
- A narrow household income range for eligibility, (S25,000 to
535,000 depending on family size.)
- The low level of debt which must exist for a household to
afford an additional S50 oz more monthly payment for several
years.
- A considerable amount of equity is required. (Total
.encumbrances including the 312 loan amount, must r,ot exceed 60$
of the property tax value).
- The need to have significant amounts of code related problems
which require attention, (a minimum of 66,000).
- The uncertainty of HLTD funding availability for Section 312
single-family loans. Funds allocated to the program by HUD
in mid-2989 were reserved for Urban Homesteading projects only.
The amount of funds and timing of availability are anticipated
to Continue to be uncertain.
A summary of program activity follows:
- From April, 1986, to June, 1989, the program was regularly
advertised in Your City/Your Schools and by direct mail.
- An estimated 160 persons responded to ads.
- All were screened by phone.
- Approximately 67 applications were mailed to those
appearing eligible.
# (o -~]
- Twenty applications were returned.
- Of those returned, 16 were determined ineligible and four
withdrew because of personal circumstances and uncertainty
of HUD funding availability.
- Staff has continued to screen persons enquiring about available
loan programs for Section 312 eligibility.
- No applications are presently being processed.
A total of 510,000 in CDBG YR XV funds was allocated to the
Section 312 Program for loan processing services in 1990. To
date, there have been no YR XV expenditures.
Based on program activity since 1988, CDBG YR XVI funds were not
sought to .continue the Section 312 Loan Program in 1991. In
addition, it is unlikely that any 312 Loan activity will occur to
expand YR XV funds by December 31, 1990. YR XV funds not
expended by year-end must be forfeited to Hennepin County. An
action to shift YR XV 312 funds to an alternate use would
discontinue the 312 Program at this time, but assure the useful
expenditure of CDBG YR XV funds in Richfield before the end of
the year.
CDBG funds are provided from HUD by Hennepin County according to
~~ a three party agreement involving the City, HRA end County. Any
changes in funding require amendments to these agreements. These
amendment ere drafted by the County after the HRA and City act to
authorize changes.
Recommended Motion:
Authorize amendments to Third Party Agreement to shift CDBG YR XV
funds for Section 312 in the amount of 510,000 to the
Rehabilitation Deferred Loan Program for expenditure prior to
December 31, 1990.
Basic of Recommendation:
1. Restrictive program eligibility requirements have oade it
difficult to identify qualified applicants.
2. All CDBG YR 7CV funds must be expended prior to December 31,
1990.
3. It is unlikely that any additional YR 7N funds could be
committed to the 312 Program prior to year-end.
4. There are sufficient applicants/needs to expend the
transferred funds in the Rehab Program.
5. The transfer of funds has been discussed with a»d.supported
by Hennepin County staff.
~6-8
Alternative Recommendation:
Return S10,000 in CDBG funds to the County.
Discussio~Decision Mo e:
The City Council is a party with the HRA and Hennepin County to
the allocation agreements end will be requested to take the same
actions as the HRA at Sts June meeting.
Respectfully submitted,
James p. Prosser
Executive Director
JDP:cak
F~ \
~~-9
RESOLUTION 1'10.
THE HDUS IIiG AND REDEVELOPliENT #UTHORI TY IN 1-ND
FOR THE CITY OF RICHFIELD, NII~iTiESOTI!
RESOLUTION RELATING TO THE TRANSFER OF
YR XV SECTION 312 FUNDS TO REHABILITATION
DEFERRED LOAN PROGRAM
WHEREAS, CDBG YR XV funds in the amount of 610,000 have been
allocated to the City of Richfield for the HRA`s Section 312
Rehabilitation Loan Program; and
iJHEREAS, the total amount of these funds remains unexpended;
and
WHEREAS, there are no applicants currently waiting for
assistance to expend funds by December 31,1990; and
WHEREAS, restrictive program eligibility requirements have
made it difficult to identify qualified applicants; end.
f~THEREAS, there are sufficient applicants/needs to expend the
remaining funds within the Rehabilitation Deferred Loan Program.
HOW, THEREFORE, BE IT RESOLVED by the Housing and
Redevelopment authority in and for the City of Richfield,
Minnesota that the HRA Chairperson end Executive Director are
authorized to execute an amendment to the Third Party Agreement
with the City Council end Hennepin County, to transfer remaining
CDBG YR Xv Section 312 (Project No. 50089) funds in the amount of
510,000, to the Richfield HRA's Rehabilitation Deferred Loan
(Project No. 50067) Program for expenditure prior to December 31,
1990.
adopted by the Housing end Redevelopment authority in and
for the City of Richfield, Minnesota this 21st day of May, 1990.
Thomas E. Harms, Chairperson
ATTEST:
Joan Helmberger, Secretary
~6-/O
HOUSING AND REDEVELOPMENT AUTHORITY
HRA Letter No. 15
Agenda June 18, 1990
Issue Statement•
Authorization to transfer CDHG Year XV Economic Development Funds
to the Technical College New Nome Program.
Backaround•
For Year XV, 510,.000 was identified to establish a loan interest
buy down program in the ILN. The concept was to identify pilot
properties which needed exterior renovation and/or code violation
work. The property owner would obtain a loan from a commercial
lender.. The CDHG funds would be used to buy down the interest on
the loan to make it more affordable. This would be the beginning
of a process to bring more visual unity to the retail area along
Lyndale Avenue north of 77th Street.
The need for such a program continues to exist. However, the
appropriate time has not yet arrived. The priorities in the ILN
should be the following:
ay Redevelopment of the area south of 77th Street by
Robert Larsen Partners;
b) The installation of a parking lot on the west side of
Lyndale Avenue between 77th and 76th Streets. (The
~` 1985 Plan approved by the HRA and City Council identifies
the need for such a parking facility);
c) Facade treatment and rehabilitation program in the
Lyndale Avenue retail area north of 77th Street.
Business people have indicated they think the creation of a
parking lot should be the next activity in the area. When the
Larsen proposal is under construction, it would be appropriate to
pursue the parking lot project.
It would be desirable to transfer the funds to the existing New
Home Program as there is an immediate need to acquire a garage
house site for the next Hennepin Technical College project
(Summer, 1991). A parcel needs to be purchased so that design
work can be initiated this summer on the new project. The
510,000 when combined with the 531,000 balance available from
Year XV would make it possible to purchase a suitable property.
Recommended Motion:
1. Authorize amendments to the Third Party Agreement to shift
CDHG YR XV funds from the Economic Development Commercial
Rehabilitation Program to the Scattered Site Program
(New Home).
2. Request the City Council to approve this request and
effectuate the necessary amendments to agreements with
Hennepin County.
~6-/ 1
Basis of Recommendation:
1. The CDBG YR Xv funds must be expended by December 31, 1990.
2. The ILN project priorities should be focused first on the
redevelopment of the area south of 77th Street and, secondly,
on locating and installing a parking facility between
76th and 77th Streets west of Lyndale Avenue.
3. The New Home Program is in need of additional funds to
purchase a property for the 1991 project.
~ilternative Recommendation:
1. Do not authorize transfer of the funds.
2. Transfer the funds to the Deferred Loan Program..
DiscussionlDecision Mode:
Action by the HRA on June 18 would make it possible for the City
Council to consider the request at their June 25 meeting.
Respectf ly submitted,.
/~ James Prosser
f ~ Executive Director
JDP:cak
' ~~
RESOLUTION NO.
THE CITY OF RICHFIELD, MINNESOTA
RESOLUTION AMENDING THE YEAR XV URBAN HENNEPIN COUNTY
STATEMENT OF PROJECTED. USE OF FUNDS
WHEREAS, the City of Richfield, through a joint cooperation
agreement with Hennepin County is a participant in the Urban
Hennepin County Community Development Block Grant program, and
WHEREAS, the City of Richfield, on October 3, 1989, executed
Hennepin County Contract No. A07319, (Year XV Subrecipient
Agreement) which governs the implementation of approved
activities in the Urban Hennepin County Community Development
Block Grant program, .and
WHEREAS, the City of Richfield held a public .hearing on June
25, 1990 to consider public comments on a proposed amendment to
the Year XV Urban Hennepin County Statement of Projected Use of
Funds.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of
Richfield, Minnesota authorize the Mayor and City Manager to
execute Amendment No. 1 to Contract A07319 to implement the
subject amendment to the Year XV Urban Hennepin County Statement
of Projected Use of Funds.
FURTHER, to authorize the Mayor and City Manager to execute
Amendment No. 1 to the Third Party Agreement executed between the
City of Richfield and the Housing and Redevelopment Authority of
Richfield, Minnesota on October 27, 1989.
Adopted by the City Council of the City of Richfield,
Minnesota this 25th day of June, 1990.
Steven J. Quam, Mayor
ATTEST:
Thomas P. Ferber, City Clerk
~~
CITY OF RICHFIELD, MINNESOTA
Council Letter No. 1b5
Agenda June 25, 1990
Issue Statement•
Adoption of resolution establishing dust compensation and
authorizing the purchase of 7645 First and 7644 Tenth Avenues
South and the submittal of a Right-of-Way Aquisition Loan Fund
(RALF) application; 77th Street Project.
Backaround•
On March 26, the City Council approved the submittal of a
preliminary RALF application to the Metropolitan Council. The
RALF would provide no interest loans to the City for purchase of
7645 First Avenue South and 7644 Tenth Avenue South. -The loans
would be repaid when financing for the 77th Street project is
provided.
RALF is designed to provide funds to cities to purchase homes
when it can be determined that continued ownership would be a
hardship for the current owner. Recently, the Metropolitan
Council and its Systems Committee gave preliminary approval for
the use of RALF to purchase these two properties.
As part of the final application process, the regulations
required MNDOT to review the appraisal reports. MNDOT has
reviewed the appraisal reports and has authorized purchase at the
following values:
7645 First. Avenue South $ 80,000
7644 Tenth Avenue South $120,000
In addition, relocation benefits of $18,000 may be paid to 7644
Tenth Avenue South. No benefits would be paid to 7645 First
Avenue South, however.
The RALF loan may include all costs related to the purchase. In
addition to acquisition and relocation expenses, appraisal
reports and staff time may be included. The total amount of the
loan for these two properties may approximate $223,000.
Recommended Motion:
Adopt the attached resolution which authorizes the following:
1. Sets ,just compensation and authorizes staff to negotiate
and purchase the property at the value indicated.
2. Directs the City Manager and Mayor to execute a purchase
agreement in the amount of dust compensation.
3. The preparation and submittal of a final loan application to
the Metropolitan Council for the use of RALF.
#~-r
.''~
4. Execution of loan related documents by the City Manager and
Mayor.
Basis of Recommendation:
1. The City Council previously approved submittal of a
preliminary RALF application for these two properties.
2. The owners/sellers desire to sell to relieve a hardship
which qualifies under the RALF program.
3. The Metropolitan Council has approved the preliminary
application for RALF.
4. MNDOT has authorized purchase at the amount indicated in
the resolution.
Alternative Recommendation:
1. Not authorize purchase and .submittal of the loan application.
2. Authorize purchase at a different price.
Discussion/Decision Mode:
This is a long, time consuming process initiated in late October,
1989. It is desirable to continue in a timely manner to help
assure a closing in July, 1990.
Res fully submitted,
r~~
e evic
Acting City Manager
SLD:ds
~~-z
' RESOLUTION NO.
THE CITY OF RICHFIELD, MINNESOTA
RESOLUTION ESTABLISHING JUST COMPENSATION,
AUTHORIZING .PURCHASE OF REAL PROPERTY AND
SUBMITTAL OF LOAN APPLICATION FOR
7645 FIRST AVENUE SOUTH
7644 TENTH AVENUE SOUTH
WHEREAS, the City of Richfield, Minnesota desires to
purchase certain real property pursuant to and in furtherance of
the 77th Street Project (Project) heretofore adopted by the City
of Richfield (City) said real properties being described as
follows:
Lot 9, Block 3, A. G. Bogen Company's Nicollet Avenue Add. (7645
1st Avenue South);
Lot 8, Block 3, South Murray Land 2nd Add. (76.44 10th Avenue _
South) ;
WHEREAS, the City has adopted an official map for
improvements to 77th Street; and
WHEREAS, the improvements to 77th Street necessitate the
purchase of real estate; and
WHEREAS, the City is authorized by Minnesota Statutes to
acquire real property within its jurisdiction; and
WHEREAS, City funds are presently not available for purchase
of real estate; and
WHEREAS, the Metropolitan Council administers the Right-of-
Way Aquisition Loan Fund (RALF) which is made available to cities
for the purchase of "hardship properties"; and
WHEREAS, preliminary approval has been given by the City
Council and Metropolitan Council to utilize RALF; and
WHEREAS, continued ownership of the subject properties by
their current owners constitutes a hardship as defined by the
RALF program guidelines; and
WHEREAS, the City has caused appraisal of the subject
properties to be made by a qualified independent professional
real estate appraiser to determine fair market value; and
WHEREAS, the Minnesota Department of Transportation has
reviewed the appraisal reports as to conformity with appraisal
standards.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Richfield, Minnesota as follows:
1. That just compensation is determined to be as follows:
~7-3
7645 First Avenue South $ 80,000
7644 Tenth Avenue South $.120,000
2. That the City Manager is authorized and directed to commence
negotiations for the purchase of said real properties.
3. That the City Manager and Mayor are authorized to execute
a Purchase Agreement for the amount of dust compensation set
forth in this resolution.
4. That the City Manager is hereby .directed to notify in writing
the owners of subject properties as soon as possible that
the City intends to acquire his/her property and establish
their eligibility for relocation benefits.
5. That the City Manager and Mayor are directed to execute
appropriate documents for submittal of an application to
the Metropolitan Council for RALF to effectuate the
purchase of the subject property.
Adopted by the City Council of the City of Richfield,
Minnesota this 25th day of June, 1990.
Steven J. Quam, Mayor
ATTEST:
Thomas P. Ferber, City Clerk
~8
CITY OF RICHFIELD, MINNESOTA
Council Letter Number 166
Agenda June 25 ,1990
Issue Statement•
Consideration of a resolution appointing Directors to the
Richfield Tourism Promotion Board.
Back round
On May 14, 1990, the City of Richfield approved the ordinance to
levy a 3$ tax on the gross receipts of lodging from Richfield
hotels and motels pursuant to Minnesota Statute Section 469.190.
Minnesota Statute Section 469.190 authorizes the proceeds from
the lodging tax to fund a Tourism Promotion Board for the
purposes of marketing and promoting the City as a tourist or
convention center. The Tourism Board will provide a climate
supportive of the hotel industry and with results benefiting
Richfield merchants, employment and property values.
The Richfield Tourism Promotion Board is in the process of being
incorporated as set forth by the Minnesota Articles of
Incorporation. A copy of the Tourism Board Bylaws is attached
for further information.
The articles and bylaws of the Tourism Board provides the
Richfield City Council shall appoint three (3) directors to the
„~- Board. The three directors shall represent the Richfield Chamber
of Commerce, the Hampton Inn and Motel 6. The term of each
director will be three years, provided, that the first director
named in the Articles of Incorporation shall serve for a term of
(1) year, and the second director so named shall serve for a term
of two (2) years and the third director so named shall serve a
term of three (3) years. Each director shall serve as a director
until his or her successor shall have been appointed and have
qualified, or until his or her earlier disqualification, death,
resignation, or removal.
The three nominees to serve on the board include:
1. Larry Zielke, Attorney from the Orlins & Brainerd law
firm, representing the Richfield Chamber of Commerce
serving a one (1) year term.
2. Charles Davis, Regional Vice President for Motel 6
serving a two (2) year term.
3. William Hrusman, Vice President of Realty Management
Services, Inc. representing Hampton Inn serving a
three (3) year term.
Recommended Motion:
Approve the attached resolution appointing the Board of Directors
to the Richfield Tourism Promotion Board.
#' 8-1
Ba_s_is of Recommendation:
1. The Council approved an ordinance on May 14, 1990 to levy a
3~ tax on the gross receipts of lodging from Richfield
hotels and motels pursuant to Minnesota Statute Section
469.190.
2. Minnesota Statute Section 169.190 authorizes the proceeds
of the tax to fund a Tourism Promotion Board for the
purposes of marketing and promoting the City as a tourist
or convention center.
3. The articles and bylaws of the Richfield Tourism Promotion
Board provides the City Council of the City of Richfield
appoint three directors to the Board representing the
Hampton Inn, Motel 6 and the Richfield Chamber of Commerce.
4. The City of Richfield has received nominations for the
Richfield Tourism Promotion Board as indicated above.
Alternative Recommendation:
1. Council request additional nominees for appointment
consideration.
2. Council could decide not to appoint the nominees
presented.
~` Discussion/Decision Mode:
Staff is requesting approval of .the attached resolution at the
June 25, 1990 City Council Meeting.
SLD:kab
Attachments
r-c:Liiiy ~.,itiy manager
#s-z
CITY OF RICHFIELD
RESOLUTION N0.
RESOLUTION APPOINTING THE BOARD OF DIRECTORS
TO THE RICHFIELD TOURISM PROMOTION. BOARD, INC.
WHEREAS, the City of Richfield has levied a 3$ tax on the
gross receipts of lodging from hotels and motels in the City
pursuant to Minnesota Statute Section 169.190; and
WHEREAS, Minnesota Statute Section 169.190 authorizes the
proceeds of the tax to fund a Tourism Promotion Board for the
purpose of marketing .and promoting the City as a tourist or
convention center; and
WHEREAS, the articles and bylaws of the Richfield Tourism
Promotion Board provides the City Council of the City of
Richfield appoint three (3) directors to the Board representing
the Hampton Inn, Motel 6 and the Richfield Chamber of Commerce;
and
WHEREAS, the term of each director
~~ provided, that the first director named
Incorporation shall serve for a term of
director so named shall serve for a tern
third director so named shall serve for
'years.; and
be three (3) years,
in the Articles of
(1) year, and the second
n of two (2) years and the
a term of three (3)
WHEREAS, each director shall serve as a director until his
or her successor shall have been appointed and have qualified,
or until his or her earlier disqualification, death, resignation,
or removal.
NOW., THEREFORE, BE IT RESOLVED by the City Council of the City of
Richfield, Minnesota have appointed the directors to the
Richfield Tourism Promotion Board as follows:
1. Larry Zielke, Attorney from the Orlins & Brainerd law firm,
representing the Richfield Chamber of Commerce serving a term
of one (1) year; and
2. Charles Davis, Regional Vice President for Motel 6 serving a
term of two (2) years; and
~8 ;3
3. William Brusman, Vice President of Realty Development
Services, Inc. representing the Hampton Inn serving a term of
three (3) years.
PASSED by the City Council of the City of Richfield this
25th day of June, 1990.
Steven J. Quam Mayor
ATTEST:
Thomas P. Ferber City Clerk
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BYLAWS
OF
RICHFIELD TOURISM PROMOTION BOARD, INC.
ARTICLE I
OFFICES; CORPORATE SEA:,
Section 1.01. Reaistezed Office. 'The city, town o:
other community in which the registered office of this
Corporation is located ir. Minnesota shall be as set forth in the
Articles of Incorporation of this Corporation, or in the mos:
recent amendment oz restatement of such Articles of
Incorporation, or in a certificate of change of registered office
filed with the Secretary of State of Minnesota reflecting the
adoption of a resolution by the Board of Directors of this
_-
Corporation changing the registered office.
Section 1.02. Other Offices. This Corporation may
have any other offices that the Board of Directors may from time
to time determine.
Section 1.03. Corporate Seal. If the Board of
Directors determines it to be necessary or desirable, this
Corporation shall have a corporate seal, circular in form and
bearing the name of this Corporation and the words "Corporate
Seal" and "Minnesota."
ARTICLE II
MEMBERS: MEETINGS OF MEMBERS; PROPERTY RIGHTS
Section 2.01. Members and Meetings. The Articles of
Incorporation of this Corporation provide that the members of the
.Board of Directors of this Corporation shall be the only members
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of this Corporation and shall having voting rights only as
directors and shall have no voting rights as members, except as
provided in the Bylaws of this Corporation. Accordingly, there
shall be no meetings of the members of this Corporation, and the
members of this Corporation shall have no voting rights as
members except as required in the implementation of Article VII:
of these Bylaws.
ARTICLE III
BOARD OF DIRECTORS
Section 3.01. General Powers. The property, affairs,
and business of this Corporation shall be managed by the Board of
Directors.
Section 3.02. Number, Qualifications, Method. of
Selection, and Term of Office. The number of directors of this
Corporation shall be three (3), to be appointed by the City
Council of the. City of Richfield. The term of each director
shall be three (3) years, provided, that the first director named
in the Articles of Incorporation shall serve for a term of (1)
year, and the second director so named shall serve for a term of
two (2) years and the third director so named shall serve for a
term of three (3) years. Each director shall serve as a director
until his or her successor shall have been appointed and have
qualified, oz until his or her earlier disqualification, death,
resignation, or removal.
Section 3.03. Organization. At each meeting of the
Board of Directors, the President of this Corporation, or, in his
or her absence, the Vice President, or, in the absence of both
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the President and the Vice President, a person selected as
chairman by the Board of Directors of this Corporation steal:
preside. The. Secretary of this Corporation, or, in his or he:
absence, any person whom the President, the Vice President, or
other chairman, as the case may be, shall appoint, shall act as
secretary of the meeting.
Section 3.04. Place of Meetings. The. Board of
Directors may hold its meetings at any place or places, within
the Stare of Minnesota, as it may from time to time determine.
Section 3.05. Annual Meeting. The annual meeting of
the Board of Directors shall be held each year for the purposes
of elect-ing officers of this Corporation and for the transaction
of any other business relating to this Corporation that shall
come before the meeting. Notice of each annual meeting of the
Board of Directors shall be given as provided in Section 3.07
hereof unless excused in accordance with Section 3.08 hereof.
Section 3.06. ~ecial Meetings. Special meetings of
the Board of Directors shall be held whenever called by the
President, the Vice President, or any two (2) directors. Notice
of each special meeting of the Soard of Directors shall be given
as provided in Section 3.07 hereof unless excused in accordance
with Section 3.08 hereof.
Section 3.07. Notices. Notice of each meeting shall
be mailed or delivered to each director, addressed to him oz her
at his or her residence or usual place of business, not Less than
five (5) hoc more than thirty (30) days before the day-on which
an annual meeting is to be held oz .not less than two (2) days
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before the day on which a special meeting is to be held. Each
notice shall state the. time, date, place, and purposes of the
meeting.
Section 3.OB. Notices Excused. Notice of any meeting
of the Board of Directors need not be given to any director who
is present at the meeting; and any meeting of the Board of
Directors shall be a legal meeting without any notice thereof
having been given if all of the directors of this Corporation.
then in office are present at .the meeting or waive notice in
writing before, at, or after the meeting.
Section 3.09. Quorum and Manner of Acting. Except as
otherwise provided by law, in the Articles of Incorporation, oz
in these Bylaws, a majority of the total number of directors of
this Corporation shall be required to constitute a quorum for the
transaction of business at any meeting, and the act of a majority
of the directors present at any meeting at which a quorum is
present shall be the act of the Board of Directors. In the
absence of a quorum, a majority of the directors present may
adjourn any meeting from time to time until a quorum is
present. Notice of any adjourned meeting need not be given other
than by announcement at the meeting at which adjournment is
taken. If a quorum is present when a duly called meeting is
convened, the directors present may continue to transact business
until adjournment, notwithstanding that the withdrawal of a
number of directors originally present leaves less than a quorum.
Section 3.10. Resignation. Any director of this
Corporation may resign at any time by giving written notice to
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the President or to the Secretary of this Corporation. The
resignation of any director shall take effect at the time, if
ar,y, specified therein or, if no time is specified therein, upcr.
receipt thereof by the officer of this Corporation to whom the
written notice is given; and, unless otherwise specified therein,
the acceptance of a resignation shall not be necessary to make it
effective.
Section 3.11. Removal. Any director may be removed
with or without cause and replaced by the City Council of the
City of Richfield.
Section 3.12. Vacancies. A directorship shall
automatically become vacant upon the disqualification, death,
resignation, or removal of a director. A vacancy in a
directorship shall be filled by appointment by the City Council
of the City of Richfield and each director so appointed to fill a
vacancy shall hold office until his or her successor shall have
been appointed and have qualified, or until his or her earlier
disqualification, death, resignation, or removal.
ARTICLE IV
OFFICERS
Section 4.01. Number. The officers of this
[orporation shall be a President, a Vice President, a Secretary,
a Treasurer, and any other officers that are appointed by the
Hoard of Directors. Any two (?) or more offices, except those of
President and Vice President, may be held by the same person.
Section <.02. Election, Term of Office, and
Qualifications. All officers shall be elected annually from
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among the Board of Directors by the Soard of Directors, and each
shall hold office until the next annual election of officers ar,d
until his or• her successor shall have been elected and have
qualified, or until his or her earlier disqualification, death,
resignation, or removal.
Section 4.03. .Resignation. Any officer of this
Corporation may resign at any time by giving written notice of
his or he: resignation to the Board of Directors, to the
President, or to the Secretary of this Corporation. The.
resignation shall take effect at the time, if any, specified
therein or, if no time is specified therein, upon receipt thereof
by the -Board of Directors, President, or Secretary of this
Corporation; and, unless otherwise specified therein, the
acceptance of a resignation shall not be necessary to make it
~ effective.
Section 4.04. Removal. Any officer may be removed,
with or without cause, by a vote of two-thirds (2/3) of the total
number of directors, at any annual or special meeting called for
the purpcse, provided that purpose is stated in the notice of
waiver of notice of the meeting, unless all of the directors of
this Corporation are present at the meeting.
Section 4.05. Vacancies. A vacancy in any office
because of disqualification, death, resignation, oz removal shall
be filled for the unexpired portion of the term in the manner
prescribed in these Bylaws for tlection or appointment to that
office.
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Section 4.06-. President. The President shall be the
chief executive officer of this Corporation; shall, when present,
preside at all meetings of the Board of Directors; shall see that
all orders and resolutions of the Board of Directors are carries
into effect; shall, whenever authorized and directed by the Boars
of Directors to do so, execute and deliver in the name of the
Corporation (except in cases in which the execution and delivery
are either expressly delegated by the directors oz by these
Bylaws to some other oz additional officer or agent of this
Corporation or are required by law to be otherwise executed and
delivered) any .deeds, mortgages, bonds, contracts, or other
instrume-nts pertaining to the business or assets of this
Corporation; shall have such other powers and shall perform such
other duties as may from time to time be prescribed by the Board
of Directors; and, in general, shall perform all duties usually
incident to the office of the President.
Section 4.07. Vice President. The Vice President
shall, in the absence of the President and if present, preside at
all meetings of the Board of Directors and shall have such powers
and .perform such other duties as may from time to time be
prescribed by the Board of Directors or the President.
Section 4.08. Secretary. The Secretary shall be the
Secretary of, and, when present, shall record proceedings of
meetings of the Board of Directors; shall at all times keep on
file a complete copy of the Articles of Incorporation and all
amendments and restatements thereof and a complete copy of these
Bylaws and all amendments an restatements thereof; shall, when
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directed to do so, give proper notice of meetings of the Board of
Directors; shall have such powers and perform such other duties
as may from time to time be prescribed by the Board of Directors
or the President; and, in .general, shall perform all duties
usually incident to the office of the Secretary.
Section 4.09. Treasurer. The Treasurer shall keep
accurate accounts of all monies of this Corporation received or
disbursed; shall deposit all monies, drafts, and checks in the
name of, and to the credit of, this Corporation in such banks and
depositaries as the Board of Directors shall from time to time
designate; shall have power to endorse for deposit all notes,
checks,_and drafts received by this Corporation; shall disburse
the funds of this Corporation as ordered by the Board of
Directors, making proper vouchers therefor; shall render to the
Board of Directors and the President of this Corporation and to
the Authority, whenever requested, an account of all of his or
her transactions as Treasurer and of the financial condition of
this Corporation; shall have such powers and shall perform such
other duties as may from time to time be prescribed by the Board
of Directors or the President; and, in general, shall perform all
duties usually incident to the office of the Treasurer.
Section a.10. Other Employ ees and A gents. This
Corporation may have any other employees and agents that are from
time to time deemed necessary by the Board of Directors. Those
employees and agents shall be appointed in such manner, have such
operational and administrative duties, and hold their positions
for such periods of time as may from time to time be prescribed
by the Board of Directors.
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Section 4.11. Compensation.
~~~~~
The officers, employees,
and agents of this Corporation may be paid. such reasonable
compensation for their services rendered to this Corporation in
such capacities, and be reimbursed for such reasonable expenses
necessarily incurred by them in rendering such services, as the
Board of Directors may from time to time determine to be directly
in furtherance of the purposes of, and in the best interests of,
this Corporation.
Section 4.12. Bond. All officers, employees, and
agents of this Corporation from time to time having the duty or
authority, alone or with others, to receive, endorse, deposit, or
issue the-cks, drafts, or other orders for the payment of money to
or by this Corporation shall be bonded at the expense of this
Corporation, and the Board of Directors of this Corporation shall
determine the amount of each bond.
ARTICLE V
FSNANCIAL MATTERS
Section 5.01. Books and Records. The Board of
Directors of this Corporation shall cause to be kept:
(1) records of all proceedings of the Board of Directors;
and
(2) such other records and books of account as shall be
necessary and appropriate to the conduct of the
corporate business..
Section 5.02. Documents Kept- at Registered Office.
The Board of Directors shall cause to be kept at the rcgistered
office of this Corporation originals or copies of:
(1) records of all proceedings of the Board of Directors;
(2) all financial statements of this Corporation; and
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(3) Articles of Incorporation and Bylaws of this
Corporation .and all amendments and restatements
thereof.
Section 5.03. Accounting System and Audit. The Board
of Directors shall cause to be established and maintained, in
accordance with generally accepted accounting principles app~ied
on a consistent basis, an appropriate accounting system fcr this
Corporaticn. The Board of Directors may cause the records and
books of account of this Corporation to be audited by an
independent certified public accounting firm whenever it may dee.;~
an audit necessary or appropriate and may retain any person or
firm for that purpose which it may deem appropriate.
Section 5.04. Fiscal Year. The fiscal year of the
Corporation shall be as determined by the Board of Directors.
~:
Sectior. 5.05. Contracts, Checks, Drafts, and Other
~-
Matters. All deeds, mortgages, bonds, contracts, or other
instruments pertaining to the business of this Corporation, and
all checks, drafts, or other orders for the payment of money, and
all notes, bonds, or other evidences of indebtedness issued in
the name of this Corporation shall be signed by such officer or
officers, agent or agents, employee or employees of this
Corporation, and in such manner, as may from time to time be
determined by a resolution adopted by the Board of Directors, or,
in the absence of such a resolution, by the officer or officers
so authorized by these Bylaws.
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ARTICLE VI
WAIVER OF NOTICE
Section 6.01. Notice. Whenever notice of any meeting
whatsoever is required to be given by law or these Bylaws, the
notice may be waived in writing, signed by the person or persons
entitled to the notice, whether before, at, or after the time
stated therein or before, at, or after the meeting.
ARTICLE VII
AUTHORIZATION-WITHOUT A MEETING
Section 7.01. Authozization Without Meeting. Ar.y
action that may be taken at a meeting of the Board of Directors
may be taken without a meeting when authorized in a writing which
is, or counterparts of which in the aggregate are, signed by all
of the directors.
ARTICLE VIII
INDEMNIFICATION
Section 8.01. Indemnification. This Corporation
shall, in the exercise of the power granted to Minnesota
nonprofit corporations generally by Minnesota Statutzs, Chapter
317A, as now enacted or as hereafter amended, indemnify its
directors, officers, employees, and agents against certain
expenses and liabilities, and carry and maintain insurance
therefor, but only under the circumstances, in the manner, and to
the extent fzom time to time permitted by law.
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ARTICLE IX
AMENDMENTS OF ARTICLES AND BYLAh'S
X8-1 S
Section 9.01. Amendments. The Board of Directors of
this Corporation may amend this Corporation's Articles cf
Incorporation, as from time to time amended or restated, ar.c
these Bylaws, as from time to time amended or restated, to
include or omit any provision which could lawfully be included
therein er o>*,itted therefrom at the time such amendment or
restatement is adopted. Any number of amendments, or an entire
revisio^. oz restatement of the Articles of Incorporation or
Bylaws either (1) may be submitted and voted upon at a meeting of
the Board of Directors, notice of the purpose of the meeting and
of the proposed amendments, revision, or restatement having been
_= given, and may be adopted at the meeting upon receiving the
affirmative vote of not less than two-thirds (2/3) of the total
number of directors of this Corporation, or (2) may be adopted,
in accordance with Article VII hereof, by a writing signed by all
of the directors of this Corporation.
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ARTICLES OF INCORPORATION
OF
RICHFIELD TOURISM PROMOTION BOARD, INC.
The undersigned incorporator, for the purpose of
fozning a corporation pursuant to the provisions of the Minnesota
Nor,prefit Corporation Act, Minnesota Statutes, Chapter 317A,
hereby adopts the .following Articles of Incorporation:
ARTICLE I
Corporate Name
The name of this Corporation shall be "Richfield
Tourism Promotion Board, Inc." (hereinafter, "Corporation").
ARTICLE II
Purposes
This Corporation is organized and shall be operated,
and the specific and primary purposes of this Corporation shall
be:
(1) To promote the City of Richfield as a tourist or
convention center; and
(3) To carry out such activities in furtherance of the
foregoing as shall. be permitted under Minnesota
Statutes Section 469.190, Subdivision 3, or any
amendment thereto or successor statute.
For such purposes and not otherwise, this Corporation
shall have and exercise all rights and powers conferred on
nonprofit corporations under the laws of the State of Minnesota,
including the power to contract, rent, buy or sell personal oz
real property; provided, however, that this Corporation shall
not, except to an insubstantial degree, engage in any activities
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or exercise any powers that are not consistent with and in
furtherance of the prima-y purposes of this Corporation.
ARTICLE III
Prohibited Activities
This Corporation shall not, incidentally or otherwise,
afford or pay any pecuniary gain, oz remuneration to, its member
as suet;, and no part of the net income or net earnings of this
Corporation shall, directly or indirectly, inure to the benefit
of ar.y private shareholder or individual. The Corporation shall
not participate in nor intervene in (including the publication or
distributing of statements) any political campaign on behalf of
any canr3idate of public office.
AR~TCLE IV
Duration
The period of duration of this Corporation shall be
perpetual.
ARTICLE V
Registered Office
The registered office of this Corporation shall be c/o
William Brusman, Realty Management Services, Suite 308, 2001
Killebrew Drive, Bloomington, MN 55420.
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ARTICLE VI
Board of Directors
The management and direction of the business and
affairs of this Corporation shall be vested in a Board of
X8-18
Directors, consisting of three (3) persons. The qualifications,
term of office, method of appointment or election, owners,
authority and duties of the directors of this Corporation, and ~~
such other provisions with respect to them as are not
inconsistent with the express provisions of these Articles of
Incorporation shall be as specified in the .Bylaws of this
Corpora_tion.
The name and address of each of the directors of this
Corporation at the time of the adoption of these Articles of
Incorporation are:
Name Address
ARTICLE VII
Membership
The members of the Board of Directors of this
Corporation shall be the only members of this Corporation. Each
member of the Board of Directors of this Corporation
automatically shall become and be a member of this Corporation
concurrently with his or her becoming a member of such Board of
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Directors, shall continue to be a member of this Corporation for
so long as he or she is a member of such Board of Directors, anc
automatically shall cease to be a member of this Corporation
concurrently with his or her ceasing to be a member of the Boarc
of Directors of this Corporation. Members of the Board of
Directors shall have voting rights only as directors. and shall
have no voting tights as members, except as otherwise provided in
the Bylaws of this Corporation.
ARTICLE VIII
No Personal Liability
_ The members, directors and officers of this Corporation
shall have no personal liability whatsoever for obligations of
~,~ this Corporation, nor shall any of the property of the members,
directors and officers be subject to the payment of the debts or
obligations of this Corporation to any extent whatsoever.
ARTICLE IX
No Capital Stock
This Corporation shall have no capital stock.
ARTICLE X
Dissolution
This Corporation may be dissolved in accordance with
the laws of the State of Minnesota only upon the affirmative vote
of all of the directors of this Corporation. Upon dissolution of
this Corporation, and after the payioent of all liabilities and
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obligations of this Corporation and all costs and expenses
incurred by this Corporation in connection with such dissolution,
and subject always to the further provisions of this Article X,
ail remaining assets shall be distributed, exclusively for pubic
purposes, to the City. Notwithstanding anything. apparently cr
expressly to the contrary hereinabove contained in this Article
X, (1) any assets then held by this Corporation in trust or upon
condition or subject to an executory oz special limitation, if
the condition or limitation occurs by reason of the dissolution
of this Corporation, shall revert or be returned, transferred, or
conveyed in accordance with the terms and provisions of such
trust, condition, or limitation; and (2) if the dissolution of
this Corporation is required by the laws of the State of
-- Minnesota then in existence to be conducted under court
supervision, the dissolution of this Corporation shall be so
conducted, and its assets not described in clause (1) of this
sentence shall be transferred or conveyed to such one or more
organizations described in, and in the order of priority provided
for in, the preceding sentence of this Article X, as the count
may determine.
ARTICLE XI
Transfer of Assets
This Corporation may sell, assign, transfer, mortgage,
encumber, oz otherwise dispose of all or substantially all of its
property and assets only upon the affirmative vote of all of the
directors of this Corporation.
S
J~~~?Q~
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ARTICLE XII
s~..,..a.~~.,.
~8•zl
This Articles of Incorporation may be amended only as
provided ir. the Bylaws of this Corporation.
IN WITNESS WHEREOF, I, the undersigned incorporator,
has hereunto set his hand this day of 1990.
Jonathan P. Scold
_ STA':E OF MINNESOTA)
_ - ) SS.
COUNTY OF )
The foregoing instrument was acknowledged before me this _
day of 19 by Jonathan P. Scoll on behalf of
the corporation. -'
Notary Public ••
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AGREEMENT
THIS AGREEMENT made between the CITY OF RICHFIELD,
MINNESOTA, a Minnesota municipal corporation, ("City") and
RICHFIELD TOURISM PROMOTION BOARD, INC., a Minnesota nonprofit
corporation ("Board") as of this day of March, 1990;
h'I TNESSETH
WHEREAS, the City has imposed or contemplates imposing a tax
on lod5ing to fund a local convention or tourism bureau, pursuant
to the authority granted it under Minnesota statutes Section
469.190; and
WHEREAS, the Board has the capability to carry out the
functions of such local convention and tourism bureau, and to
further the objectives of the City of promoting the City as a
tourist and convention center.
NOW, THEREFORE, the parties agree as follows:
1. Term. This agreement shall commence on the date set
forth above and shall continue until terminated by either
party. This agreement may be terminated for any reason by either
party effective on the first day of January of any year on not
less than 90 days written notice to the other, at the address
stated below or to such other address as either party may, by
notice in writing, designate to the other. This agreement may be
terminated for cause at any time on ten days written notice.
2. Obtaining of Promotional Services Hy Soard. The Board
shall furnish to the City the following marketing and promotional
services, to the extent the same are permissible expenditures
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under Minnesota Statutes Section 469.190 (collectively,
"Promotional Services"), and such promotional services may be
obtained through contracts or agreements which may be entered
into with individual hotels oz motels in the City (each hotel or
motel referred to in the singular as a "Facility"):
(a) Planning and coordinating advertising and
promotional activities;
(b) The obtaining, on behalf of the Board, of
"in-kind" services or accommodations at the
published room rate of a Facility, made available
in exchange for advertising space or services
furnished by .the vendor with respect to which such
"in-kind" services or accommodations are
furnished;
(c) The following advertising or promotional
activities:
(i) Engagement of marketing personnel;
(ii) Furnishing of electronic and print
media;
(iii) Airport advertising or promotion;
(iv) Outdoor signage;
(v) Media development;
(vi) Appropriate marketing events; including
the obtaining of necessary facilities,
equipment and supplies; and
(vii) Services of franchisors;
and
(d) Promotional activities related to regional and
statewide advertising of the City's hospitality
industry.
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3. Charges to Individual Facilities. Services procured by
Board pursuant to this Agreement shall be without charge to an
individual Facility unless authorized by contract of required by
law.
4. Revenue Source for Board Functions; Annual Audit Repot
to City Council. The City shall fund the activities of the
Board, in accordance with this Agreement, solely from revenues
derived from a lodging tax imposed, or hereafter imposed, by the
City pursuant to Minnesota Statutes Section 469.190 ("Lodging
Tax"). Nothing herein contained shall be construed to affect the
right of the City to impose such Lodging Tax, or to increase or
decrease any Lodging Tax once imposed, or to repeal such Lodging
Tax in its discretion and as provided by law.
Within one hundred twent
y (120) days of the end of the
fiscal year of the Board, the Board shall furnish, or have
furnished to, the City Council of the City a certified audit of
the operations of the Board for the immediately preceding fiscal
year.
The Soazd shall use its best efforts to ensure that the
administrative cost of the operation of the Board
("Administrative Cost") for any fiscal year of the Hoard,
.including, without limitation, personnel, audit and office
expenses, but excluding any amounts expended pursuant to any
procurement by the Board of Promotional Services pursuant to this
Agreement, does not exceed five percent of the estimated amount
of the gross collections of the Lodging Tax ("Gross Lodginq Tax
Collections") anticipated for that year, as set forth in an
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administrative budget to be prepared and adopted by the Board
annually prior to the commencement of the fiscal year in
question.^ In no event shall the Board incur obligations in
excess of the revenues anticipated to be received by it out o:
Gross Lodging Tax Collections (and less the City Share to be
retained by the City in accordance with Paragraph 5 below)
pursua^t to this Agreement.
5. Application of Gross Lodging Tax Collections; City
Share Audit. On the 15th day of each month, the City shall re^:it
to the Board, for the funding of the Board, and its operations
hereunder, the Gross Lodging Tax Collections received by the City
during the previous month less~ar, amount reasonably estimated by
the Board as representing the "City Share" (defined below) for
_t he month in question. The Board shall, in turn, apply such
funds to the purchase of Promotional Services, in accordance with
this Agreement, and to the payment of Administrative Costs, as
above-described.
A The Gross Lodging Tax Collections shall be a~~lied in the
following manner and in the following order:
(a) If the Lodging Tax is a three (3) percent tax, all
Gross Lodging-Tax Collections shall be paid over
to the Board for Promotional Services and
Administrative Costs, as required under Minnesota
Statutes Section 469.190.
(b) If the Lodging Tax is a four (4) percent tax,
there shall be retained by the City and not paid
over to the Board an amount ("City Share") equal
to the difference between the Gross Lodginq Tax
Collections and the amount paid over to the Board
under subparagraph (a).
(c) If the Lodging Tax exceeds four (4) percent, there
shall be paid over to the Board all amounts
remaining after the application of subparagraphs
(a) anal (b).
4.
JP5egt00~
03/Odi9C ~ 8 ~'~ /
At the end of each fiscal year of the Board, the Board
shall cause a certified audit of its operations for such year to
be prepared and furnished to the City. In the event such audit
discloses that expenses actually paid or incurred for
Administrative Costs exceeded Five Percent (5~) of the Gross
Lodging Tax Collections, the excess shall be applied against and
shall reduce the City Share for the next following fiscal year of
the Board.
6. Procurement of Marketing and Promotional Services By
Board. The. Board shall authorize the expenditure of funds
received by it hereunder for the procurement of Promotional
Services from third parties, including individual Facilities, if
it reasonably appears to the Board that such Facility has, or
will have, the ability to procure such Promotional Services in a
cost-effective manner. Provided, however, that the cumulative
amount of all contracts entered into by the Board with respect to
the procurement of Promotional Services by any one Facility in
any fiscal year shall not exceed an amount equal to the product
of (i) the Gross Lodging Tax Collections less (a} the total
Administrative Cost; and (b) the City Share, as limited in
accordance with Paragraph 4, above) and (ii) a fraction, the
numerator of which is the Gross Lodging Tax Collections received
from the Facility in question and the denominator of which is the
Gross Lodging Tax Collections received from all Facilities.
7. Documentation of Procurement. All amounts disbursed by
the Board hereunder for Promotional Services shall be paid out
5.
JoSag~00~
OS/Od/4G ~ V
only upon submission of appropriate invoices or similar
documentation and only for goods and services of the type
described hereunder. All disbursements pursuant to engagements
or contracts shall be made by the Board no more often then
monthly to vendors or providers. Funding shall be made by check
of the Board payable directly to the third party vendor or
provide: and not to the owner or manager of any Facility, except
in the case of the providing by the Facility of "in-kind"
services, such as complimentary rooms oz lodging, in which ever,;,
reimbursement for rooms or lodging actually furnished, for
promotional or "in-kind" purposes, shall be made at the published
zoom rate for such lodging.
Notwithstanding the foregoing, the Board shall
reimburse any contract manager of a Facility for expenses of the
kinds enumerated in Paragraph 2, above, which expenses have been,
or may be, advanced or paid by such manager.
8. Bold Harmless. Any and all employees of the Board oz
any other persons, while engaged in the performance of any
service required by the Soard under this Agreement, shall not be
considered employees of the City, and any and alI claims that may
or might arise under the Workers Compensation Act of the State of
Minnesota on behalf of said employees or other persons while so
engaged, and any and all claims made by the third party as a
consequence of any act or omission on the part of the Hoard, or
its agents or employees or other persons while so engaged in any
of the services provided to be rendered herein, shall in no way
be the obligation oz the responsibility of the City. In
6.
JPSagdDOR ~~ ~~ v
C3/06/SrC'
connection therewith, the Board hereby agrees to indemnify, save
and hold harmless, and defend the City and all of their officers,
agents and employees from any and all claims, demands, actions,
oz causes of actions. of whatever nature or character arising out
of oz by reason of the execution or the performance of the
services provided for in this Agreement.
9. Discrimination. The Board, in its operations
hereunder, shall comply with the provisions of Minnesota Statutes
Section 181.59 as the same may be amended from time to time. The
Board shall not discriminate against any person or firm in any of
its activities pursuant to Minnesota Statutes Section 181.59
which is incorporated into this Agreement as though set forth in
its entirety.
'` 10. Insurance. The Board shall carry appropriate fidelity
insurance to cover its employees and agents while performing
services pursuant to this Agreement, and shall provide proof of
same to the City upon request.
11. Laws. The Board will comply with all applicable
federal, state, and local laws in the performance of its
obligations hereunder.
12. Integration. This document is fully integrated,
embodying the entire Agreement between the parties.
IN WITNESS WHEREOF the parties have executed this Agreement
as of the day and year first above-written.
CITY OF RICHFIELD
By:
7.
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o~,~,~:.
~ &z9
Its: Mayor
By:
Its: City Managez
ADDRESS:
RICHFIELD TOURISM PROMOTION BOARD, INC.
By:
Its.
ADDRESS:
8.
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February 21, 1990
(612) 340-5594 ~
I
Mr. Charles LeFevere, Esq.
Holmes b Graven
470 Pillsbury Center
Minneapolis, MN 55402
Re: Richfield Tourism Promotion Board
Dear Chazlie:
As a follow up to our recent conversations and conference,
i- enclose a memorandum prepared by Realty Management
Services regarding the type and nature of marketing
expenses incurred by the Hampton Inn in Richfield. You
will note that these expenses, are broken down into
"in-kind" services, "marketing events", "group and direct
sales", "advertising and outdoor signage", "promotional
fees/travel agent fees", "media development/third .party
fees" and "franchise or services and fees" totaling
approximately 5140,000.
You should feel free to call either Bill Brusman or myself
with questions about this enclosure, or the nature of the
expenses described. I think you will agree that the
promotion of the Hampton Inn necessarily entails the
promotion of the entire city as a tourist destination.
incere ,
onathan P. Stoll
3PS1tr2770/aic
cc: Bill Brusman (letter only)
~ 8- 3i
REALTY MANAGEMENT SERVICES, TNC.
February 1S, 1990
REIMBURSABLE MARKETjNG EXPENSES
Ap;,~Oximate?y SS,S7S Questr. stay at the HAMPTON INN RICM~IELD per
yeas. Because HAMPTON INN RICHFIELD is a limited service hotel
witnout its own restaurant, its guests arQ likely to frequent local
rtstaurant5 and grpcery stores, whQther they are traveling for
business or pleasure. These 55,573 quests may also frequent gas
stations, retail stores and entertainment centers.
In the highly competitive hospitality industry, various n-edia and
promotions ere tapped to extend reach and increase frequency.
M~Cia inherent t0 the industry and the SCDpe Of Outreach SS rarely
e~ailable to Local merchants. Through its specialised Tedia and
promotions, the hospitality industry is the "spokesperson" for
Richfield and its local merchants.
McCia and promotions used to advertise the hotel end, therefore,
the city at a point of destination include but are not limited to
the fpllOwlnq:
"IN-KIND" SERVICES (TRADE OUTS), ELECTRONIC AND PRINT MEDIA
Outstate and. out-of-state newspapers and radio stations roach
business and pleasure travelers. The city experiences direct and
indirect benefits through Our hOtel'e 11i! O1 these mQdla.
A direct benefit is idQntifscatien - travelers who may Otherwise
stay in commonly known areas such as downtown or Bloomington hear
about Richfield's hospitality services. Consequently, Richfield
becomQS known as a convenient and competitive point of destination.
Increased use Of this media tfrequency) strengthens City
identification, ~~
Local merchants, thereby the City indirectly, benefit from the
industry's advertisements. Tncrcesed visibility is likely from
the number of puesta brought into the City. Local merchants'
advertisements ano promotions are made available in the hotel in
a number of ways: handouts, in-room directories, menus, coupons,
posters and verbal information Offered by the hotel staff.
To enCOuragQ patronage, HAMPTON INN RICHFIELD offers free van
G~rvice to local restaurants, the Nub and Market Place shopping
Centers.
OutstitQ market tar0eti include ROCheGter, 8emldji, Duluth,
Mankato, Redwood Falls and their surrounding communities. Out-of-
state areas include North Dakota, South Dakota, Iowa, Wisconsin and
Illinois. COUhtry-wide n+arkets are rea[hed through such media as
#8-32
airport and industry maga2ines.
Expenses relative to this type of autreach: Appror.imetely s~g,OGG.
MARKETING EVENTS
Fromotio~s are essential to increase market reach enC product
identification. Inherent to promotional offers SS increased
patronage tc local merchants and increased city identification.
ExamF:es of how these promotions ~c~k ere:
1. Shopper's weekend pack;-; - outstate .and out-of-state
holiday shoppers are targeted. By bringing :hoppers into
Richfield, rather than downtown or Bloomington hotels, local
merchants again benefit end the .ity is recognised as a viable
pCint of destination. Free van service within the Community
encpurages patronage; Local merchants are encouraged to offer
customer incentives through flyers and Coupons the hotel
distributes.
2. WeQkend coupons - local residents are targeted. During
the winter "slow" months, special rate coupons are distributed to
Richfield and surrounding communities. This incentive gets the
resident. who may otherwise have stayed et home out for pet-away-
.weekends. [ommonly, these quests shop and frequent local
restaurants during the weekend. Secondly, those local residents
who may have otherwise stayed in Bloomington hotels (with in-house
restaurants) now stay in Richfield and frequent Ioca2 restaurants.
Other types of promotional events include: blitzes, where hotel
staff members visit over 200 community corporations and businesses
to "tell" thQ hotel's convenient location end its surrounding
services; sponsorships, where Local interacts such •s Little
League, Miss Richfield and charities are sponsored by the hotel.
ThQ City Of Richfield is represented through the hotel industry's
participation in trade shows, conferences and expos. Some Of these
events include: ThundQrbay Trade Show, Celebrate Minnesota
Conference end the Bloomington Lodging Expo. Many of these events
nre "invitation only," open only to hospitality representatives.
DirQCt Mail it another form of promotion which supports all
advQrtisinq and other prOmpt10n01 efforts, increases reach and
incrQasez identification. City promotional materials and local
merchants' incentivQ coupons can be included in direct mail
Campaigns.
Expenses related to this type of outreach: Approximately 222,000
GROUP AND DIRECT SALES (MARKETING PERSONNEL)
The hotel industry aggressively pursues group sales as • source of
guaranteed room nights, especially when room nights. ere over
~5-33
w¢ekends. Or during "Slow" LeaSOns Of the yQar. Inherent to the
size and nature of groups, they are likely to stay within a close
proximity of the hotel, therQby utilizing lDCal merchant services.
Some Qroupr. whe stay in Richfield as a result of the hospitality
industry outreach are: sport groups such as the "Street Rods" and
youth Hockey and basketball teams (who travel with parents and
coaches), religious group:, business groups and wedding quest
parties.
Many e{ these attendees arr staying in Richfield for the first
time; many are attending seminars or sport arenas in Hloomington
anC choosing to stay in Richfield as a result of our hotel and our
marketing s{forts.
All of the benefit to thQ city and its Iocal rt-erchants n-ontionQd
previously arQ realized, as well, through group sales.
Corporations and local business groups are also called upon. vie
direct sales visits.. During these visits, not only are hotel
features discusses, but the hotel's close proximity to local foo0
and retail services are mentioned. Additionally, the city's nature
center is used sc • nearby amenity for walking and joQginq.
~,. Expenses relative to this type of outreach: Approximately (8000
AIRPORT ADVERTISING AND OUTDOOR SIGNA6E
The airport phone board draws business and pleasure travelers to
Richfield who may otherwise stay in the highly competitive downtown
and Bloomington hotels.
Highway identification signape attracts the "drive by" market and
draws travtlert to the Richfield side of the 1494 striD•
Tht results Of this type of outreach is increased guests which, in
turn, benefits the city and its merchants as e-entionQd earlier,
Expenses relativQ to this type of Outreach: Approxin-atQly 18,000
PROMOTIONAL FEES/TRAVEL AGENTS FEES
Because the hospitality industry is highly competitive, travel
agents-have an important role in the n-arkttinq outreach program.
Agents .are reached via direct snail and direct salts, as will aS
through Hampton Inn Corporate incentive programs.
Through these agents, and through its hospitality industry,
Richfield hosts guests from outstare arras, gut-ot-state areas and
turn Other Countries. AptntS art i viable source Of businofs for
the Richfield hospitality industry. 6y pron-otinq hotels in the
city, they art indirectly promoting the city itself as a point of
CQStination to groups, some Of whom in traveling to the n-ctro area
'for the first tie-e.
~8.3~
Exponsvs relative to this type of fQQ: Approximately (18,000
MEDIA DEVELOPfKENT/THIRD PARTY FEES
The production and advertising agency tees art administrativQ
expenses to the marketing etiorts described previously.
£xpens~s relative to this typo of fee: Approximately X5,000
FRANCHJSOR SERVICES AND FEES
Tht Franchisor's mein focus is to increase product awareness.
Nationwide campaigns Qntail a scope o't rtaGh and trQquency possible
only at thQ corporate lwel.
Within the Franchisor's marketing plan are localised campaigns
through such mQdia eS local distributions of Time 17apazinQ, USA
Tolley, as well as local metro papers and television stations.
Tht~e campaigns ere the backbone of all local hotel advertising
programs; no local hotel could. as effectively increact product
awareness and credioility on a nationwide basis.
Expense relative to this type of tee: Approximately 655,000.
SUMMARY
Perhaps no other type of business in the community attracts Quests
to the city as rt-uch af. the hotel industry, attracting in excess of
Sb,000 people with diverse tastes and hobbits.
Local n~erchents benefiting from these quests are rarely equipped
to directly +nar•ket to the ~idt scopQ of travelers the hospitslity
industry reaches.
The nature of tt~e hospitality industry lends itself to bt the
City's spokesperson, promoting the City Of Richfield as the
traveler's point of destination.
DM/REALTY MANAGEMENT SERVICES, INC.
#9
CITY OF RICHFIELD, MINNESOTA
Council Letter Number 167
Agenda June 25, 1990
Issue Statement•
Consideration of a resolution expressing support for a
collaborative community airport planning process.
Background:
In 1989, the Legislature adopted the Metropolitan Airport
Planning Act, Chapter 279 mandating the Metropolitan Council and
the Metropolitan Airports Commission (MAC) undertake a dual track
process for future airport needs. The dual track process
provides for capacity enhancements at Minneapolis - St. Paul
International Airport (MSP), Track A and begin planning a new
airport, should it be needed, Track B. The legislature will make
a final decision in 1997 whether the metropolitan area will need
a new airport or if the current airport can support the needs of
this region. Whether or not the decision is made by the
legislature to build a new major airport to replace MSP,. the
current airport will be in operation for at least another 20
years.
As mandated, the MAC is required to submit a capital improvement
plan describing capacity enhancement plans at MSP to the
legislature by January 1, 1991. The plan will describe: (1)
aviation demand and air transportation needs, (2) airport
capacity limits and potential, (3) facilities requirements, (4) a
plan for physical development, (5) airport .operational
characteristics, (6) compatibility with metropolitan and local
physical facility systems, (7) environmental effects, (8) safety,
and (9) the effect on the neighboring communities.
The MSP capacity enhancement plans may have adverse environmental
impacts on the airport border communities. It is imperative that
these effected communities and the MAC develop a process to
collaboratively identify mutually agreeable measures to mitigate
any adverse environmental impacts.
Mayor Steve Quam has met with all the mayors from MSP border
communities to discuss issues relating to the proposed airport
capacity enhancement plans and the adverse impacts these plans
may .have on their communities. From these meetings, the mayors
agreed that the cities should work together to collaboratively
develop ways to mitigate negative impacts the future airport
operations may have on their communities. This would be
accomplished by the MAC initiating an interactive community
airport planning group including representatives from all border
communities, the MAC, Met Cauncil and FAA.
Recommended Motion:
Approve the attached resolution expressing support for a
collaborative community airport planning process.
~9- ~
Basis of Recommendation:
1. The City of Richfield is encouraging all the cities
immediately surrounding MSP to approve similar resolutions
expressing a need for interactive community planning for
future airport capacity enhancement plans.
2. The resolution's purpose is to persuade the MAC to initiate
the collaborative interactive planning process by the
formation of an interactive community airport planning
group.
3. The interactive community airport planning group will address
and study the negative airport impacts, identify mutually
agreeable measures to mitigate these adverse environmental
impacts and suggest to the MAC funding possibilities
necessary for the mitigating improvements for the cities. _
4. The information gathered as part of the interactive planning
process be considered as part of the MAC capital improvement
planning process that will be forwarded to the legislature.
5. This interactive planning process should be initiated as
soon as possible.
6. In order to provide sufficient time to initiate and complete
the collaborative community airport planning process as
outlined in the attached resolution, the City of Richfield is
asking that the state legislature deadline for receipt of the
MAC capiital improvement plan be extended at least to
June 30, 1991.
Alternative Recommendation:
The Council not approve the attached resolution or, revise the
resolution as deemed necessary and approve the amended
resolution.
Discussion/Decision Mode:
The matter will be presented at the June 25, 1990 Council
meeting. The Council could wait to discuss the resolution at an
upcoming Council Study Session. However, this may be too late
because the next scheduled Study .Session in July 1990 will be
cancelled.
ly,
~.! r'
evic
City Manager
SLD:kab
Attachment
#q-2
CITY OF RICHFIELD
RESOLUTION NO.
RESOLUTION EXPRESSING SUPPORT FOR
COLLABORATIVE CONIIrJUNITY
AIRPORT PLANNING PROCESS
WHEREAS, by Laws 1989, Chapter 279 (the Act), the
Legislature directed the Metropolitan Airports Commission (MAC)
to adopt a long-term comprehensive plan for the Minneapolis-St.
Paul International Airport (MSP) at its existing location; and
WHEREAS, said plan must satisfy air transportation needs for
a prospective 20 year period and must be accompanied by a concept
plan for MSP, including an estimate of facilities requirements,
to satisfy the air transportation needs for an additional ten.
year period; and
WHEREAS the Act requires that such plan must describe: (1)
aviation demand and air transportation needs, (2) airport
capacity limits and potential, (3) facilities requirements, (4) a
plan for physical development, (5) airport operational
characteristics, (6) compatibility with metropolitan and local.
physical facility systems, (7) environmental effects, (8) safety,
and (9) the effect on the neighboring communities; and
WHEREAS, current operations at MSP and future operations as
they may be altered by future airport capacity enhancements have
adverse environmental impacts on the neighboring. communities of
Minneapolis, St. Paul, Bloomington, Richfield, Mendota Heights
and Eagan, which effects must be identified and considered in the
planning process; and
WHEREAS, measures to mitigate such environmental impacts
such as sound insulation, sound abatement, redevelopment and
clearance should be identified and considered in the planning
process; and
WHEREAS, cities adjacent to MSP may either facilitate or
impede appropriate airport improvements by such activities as
development, redevelopment, construction of capital improvements
and regulation of land use; and
WHEREAS, such activities by adjacent communities may also be
frustrated by decisions made by MAC and about MSP improvements;
and
WHEREAS, it is therefore not sound public policy to
undertake planning for capacity enhancements at MSP or
identification of adverse impacts and means of mitigating them
without participation by the communities most effected; and
~-9- 3
WHEREAS, there is no process in place for effective exchange
of such information between MAC and neighboring communities.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Richfield, Minnesota as follows:
1. That the Metropolitan. Airports Commission initiate a
collaborative community airport planning process; and
2. That the planning .process include the cities of
Minneapolis, St. Paul, Richfield, Bloomington,
Mendota Heights and Eagan; and
3. That the purpose of the collaborative interactive
planning process be to identify airport adverse
environmental impacts on communities surrounding
the airport and identify mutually agreeable measures
to mitigate these adverse impacts; and
4. That this information be considered as part of the
MAC capital improvement planning process and
documents; and
5. That this process be initiated as soon as possible; and
6. That the information gathered as part of the interactive
~`° planning process be forwarded together with the MAC
capital improvement plan to the legislature; and
7. That the state legislative deadline for receipt of the
MAC capital improvement plan be extended to at least
June 30, 1991, in order to provide sufficient time
to complete this process.
PASSED by the City Council of the City of Richfield,
Minnesota, this 25th day of June, 1990.
Steven J. Quam Mayor
ATTEST:
Thomas P. Ferber City Clerk
~~o
CITY OF RICHFIELD, MINNESOTA
Council Letter No. 168
Agenda June 25, 1990
Issue Statement:
Safety improvement to roadway intersection at 66th Street and
Portland Avenue.
Background•
Hennepin County has proposed adding a left. turn lane to all four
legs of the intersection of 66th Street and Portland Avenue to
reduce the number of accidents associated with vehicles making
left turns. Four different alignments for the proposal have been
studied. Each would require the acquisition of about 24' of
additional right-of-way from homes and businesses within one or
two blocks of the intersection and a concrete median extending
about 600' on each leg of the intersection.
Right-of-way costs which are shared 50/50. between the City and
County vary from $1 to $1.325 million depending on the alignment
alternative. The construction cost will be $1 million regardless
of the_ alignment chosen. Three-quarters of the construction
costs are borne by the County and one-quarter by the City. The
City's share of costs for both right-of-way acquisition and
construction would come from MSA funds.
The Richfield I35W/I494 Ad Hoc Traffic Committee hosted public
information meetings on March 8, March 29 and June 14. The
purpose of the meetings was to explain proposed improvements and
to obtain citizen comments. In addition to the three public
meetings to date, staff has discussed the proposed improvements
with all the affected businesses and several of the affected home
owners.
A petition opposing improvements to the intersection was
presented to the City Council at the June 11, 1990 meeting.
Residents opposed to the project are likely to appear at the June
25 City Council meeting to voice their concerns with the proposed
improvements. Also attached is a newsletter which was circulated
in the neighborhood concerning this intersection.
The Richfield I35W/I494 Ad Hoc Traffic Committee prepared the
following recommendation based on a discussion of the 66th Street
and Portland Avenue proposed improvements. Advantages and
disadvantages of each alignment were carefully considered.
Recommended Motion:
Approve the proposed layout of adding a left turn lane on all
four legs of the 66th Street and Portland Avenue intersection, by
installing concrete medians, and by shifting Portland Avenue to
the east and shifting 66th Street to the north.
~/Ot~
Ba_s_i_s of Recommendation:
1. Accidents at this intersection continue to be a safety
problem even though changes have been made over the years to
the traffic signal pattern to reduce accidents. Hennepin
County~is proposing to add a left turn lane that could reduce
accidents by about 65$.
2. Of the four alignments considered, a shift to the east and
north would enable the City to address the concerns of
residents who do not want the roadway closer to their houses
by offering to acquire the homes on Portland Avenue between
66th and 67th Streets, and by redeveloping the land for
townhouses that .are compatible with the neighborhood.
Alternative Recommendations:
Of the alternate alignments considered, two others were felt to
have some merit:
1. Do nothing or do not approve any of the proposed layouts at
66th Street and Portland Avenue. This alternative means
nothing would be done to correct the traffic safety issue at
the intersection of 66th Street and Portland Avenue. A
decision to take no action will only postpone a solution to
the problem because traffic forecasts by Hennepin County and
by the I35W Corridor Study show that traffic will increase at
this intersection by the year 2010.
2. Approve a layout that shifts the roadway to the west and
north. This also allows the City to buy homes and redevelop
land between 66th and 67th Streets on Portland Avenue but the
benefits to the City are not as great as the shift to the
east and north.
Discussion/Decision Mode:
A decision is needed at this time so that Hennepin County staff
can proceed in the design of this safety improvement for 1991
construction. A decision by the Council would be a commitment on
the part of the City although final design would be reviewed by
the Council when such design is available. It must be recognized
at this time that funds needed to acquire entire parcels,
relocate residences and businesses, and redevelop the land for
townhouses will have to be identified soon so that the project
can. be implemented.
Members of the Richfield 135W/I494 Ad Hoc Traffic Committee, and
City staff will be in attendance for discussion of this item.
ully s~ubmit~d,
yi.V~iY~r~y v1• LGYiVii
Acting/ City Manager
SLD:ds
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H~s~Y~ld Rlgk~-o~-Wey~o Cars.
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p e ~i a audience
opposition the Richfiel6
Ad Hoc Traffic Committee
voted 5-1 last Thursday to
recommend the widening of
the intersection at E.
66th St. and Portland Av.
There goes the neigh-
borhood--unless you help
head this off..
The committee's recom-
mendation will be pre-
sented to the Richfield
City Council for final
action June 25.
And that's the key.
The five members of the
City Council will make the
real decision, and they
are the people we have to get to
before the June 25 meeting.
So if you want to avoid a
~2-million intersection, see some of
r neighbors uprooted and keep 12
`nhomes from coming to this part
~. town, call the City Council now.
These people are politicians--
elected by us, but they'll often
take the path of least resistance in
making a decision. Let's show them
there's a lot of resistance to a
project cooked up by Hennepin County
with support from city officials.
We Have Only
__ __ Lost Round 1.
The Ad Hoc Traffic Committee
chaired by Vern Luettinger looked at
four proposals--actually five, since
they also could have voted to leave
the intersection alone (which is
what we advocate in view of the
alternatives).
After 90 minutes of questions and
numerous negative comments, we lost.
But the fight isn't over, and we
have people angry enough to continue
it.
The City Council on June 25 will
• cider taking 29 feet off the
th side of 66th and 24 feet off
N~
the east side of Portland
at the intersection to
make room for left-turn
lanes and medians.
I~owever, if you let the
City Council know you
oppose the project ahead
of time and show up to
support the opposition
next Monday night, we have
a good chance of defeating
this totally destructive
proposal.
Otherwise you will
probably see the homes on
the east side of Portland
between 66th and 67th Sts.
torn out and replaced b
HOUSES
THIS
BLOCK
Y
12 townhomes .
No joke. They're serious. Yet
this buyout would be "voluntary," as
if they a;cpect people to stay any
watch cars pass 9 feet from their
front steps. And if one homeowner
refused to sell, Would they build 12
townhomes around him?
How they will account for the
shortfall of the city's having to
buy homes but sell only lots to a
developer was glossed over as an
"HRA matter." Sounds like a pretty
good six-figure matter to us.
And 6544 5th Av. S. would be gone
too, because the proposed right-of-
way for 66th St. goes right through
the attached garage. So long,
neighbor.
Tapering the road from two lanes
to three will even affect residents
as far away as 6735 Portland, where
an additional 1 foot of property is
needed from the east side of the.
avenue.
Also, the attorney from Amoco Oil
was at the Thursday meeting to say
there wouldn't be enough land left
to operate the service station at
6545 Portland Av. ph, well, they
could always get a couple townhomes
in that spot too.
This project will cost Hennepin
County #1 million to construct.
Another ~1 million--maybe X1.5
million--must be spent for land
acc7uisition, and the City of
chfield splits that with the
aunty.
How do they justify the cost?
With X200,000 worth of accidents at
the intersection in a year, paid for
mostly by insurance companies of the
involved drivers--at least half of
whom probably weren't watching what
they were doing.
How can anyone blame accidents-on
two roadways intersecting at right
angles, controlled by lights? This
intersection is not dangerous. The
drivers are.
And guess what, folks? The
number of accidents there last year
was 28. But--get this--reports
obtained from Hennepin County
indicate that not one of the
drivers was from Richfield.
So, Who Are ---
_We Doincr This For?
It looks to us like long-time
Richfield residents are being forced
~a;,give up their homes so that
~ple from Bloomington, south
Minneapolis and Edina won't run into
each other while driving through our
town.
Is this a wise use of your money?
And is anyone willing to actually
believe that traffic won't increase
--especially on Portland, which has
'++ 10-3
already become a 40 and 45 mph race
track?
If safety is the big issue, why
too must we put up with certainly
more traffic on the side streets?
That's what's going to happen
because of access limitations to the
remaining homes and businesses
caused by the block-long medians.
Officials. are comparing the 66th
and Portland area with 66th and
Penn, which was widened a couple of
years ago. How do you compare an
intersection that has 51 businesses
with another that has nine--if you
count the American Legion Club?
We presented our petition with
450 signatures (we asked no more
than 500 to sign) to the City
Council on June 11. But that-'s not
enough.
So please call. Call Mayor Steve
Quam (861-2601), Marty Kirsch (Ward
1, west of I-35W, 866-1895), Ivan
Ludeman (ward 2, I-35W east to
Portland Av., 866-5460), Edwina
Garcia (Ward 3, Portland Av. and
east, 861-6140) or Mike Sandahl
(council at-large, 861-4789). Call
them all, if you have the time. Or
write. Your voice does matter.
Or call us if you have questions.
Otherwise, we hope to see you at
7 p.m. next Monday at City, Hall.
EAST RICHFIELD ACTION COMMI'I'1'EE
Scott Johnson, 861-2575
Karen Kozulla, 869-4926
John Moon, 866-8017
Yovr I~ew $2-Millior~ In-~ersec~ion
LAND
p~TOw N u on1E
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NYBEC%
.JOHNSON
BOUQUET
AN VA,LK~NBUBG
OHNSTAD &
SMTI'H, P.A.
. LAW OFFICES t~'0..~
SUITE 600, EDIN90R000H CORPORATC CENTER EAaT
3300 EDINBgROUQH WAY, MINNEAPOLid (EDINA), MINNESOTA SS43S
C612) 835-7000 • FAX: C612) 835-9450
GLENN G. NYBECK MARSH J. HALBERD OF COUNSEL:
GOitDON V. JOHNSON WILLIAM E. 9JOMOLM JACK W CARLSON
JOHN K. BOUQUET THOMAS R. KELLEY RICHARD D. WILSON, P, A.
JAMES VAN VA LKENBURG OENNIS M. PATRICK HELGE TItiOMSE N, RETIRED
MARK G. OHNSTAD PHILIP SIE FF
DONALD O. SMITH DAVID J. M~GEE
June 21, 1990
The Honorable Mayor Steve Quam
City of Richfield
6700 Portland Avenue South
Richfield, Minnesota 55423
Dear Mayor Quam and Members
of the City Council:
Our office represents Mr. Tire who owns the location at the
northwest corner of 66th Street and Portland Avenue South.
First, I am enclosing a copy of our letter of March 20, 199
written to Mr. Eastling the City Engineer and should advise that I
attended the public hearing on June 14, 1990 wherein your Traffic
Committee made a recommendation regarding this corner.
The Mr. Tire property has an east-west dimension of 158 feet
and a north-south dimension of 150 feet. From the 150 feet we must
take 33 feet which is dedicated to Portland Avenue and the sidewalk.
On the 66th Street side there is 50 feet which is dedicated to the
street and sidewalk.
Currently there is in effect an agreement with the City of
Richfield which gives us the right to park on the north 19 feet of the
50 foot easement on the north side of 66th Street.
It is my understanding that the recommendation of your
Committee is that the alignment "C" that takes from the north side of
66th Street and the east side of Portland is the recommended approach.
The calculations of your Committee indicate that to take the
northern alignment would take 24 feet of additional right-of-way from
our location and that the alignment on Portland Avenue to the east
would take 2 feet from .our property.
I 1 ~/~~6
The effect of either of those is to put us out of business
and make the purchase of our property an element in your right-
of-way acquisition cost.
I am certain that many of the residential neighbors will
point out to you that this plan and the respective medians will drive
traffic into the neighborhood in efforts to avoid the corner and in
efforts to cope with the medians.
At the public hearing there was testimony indicating that
center medians lead to illegal turns, U turns, people using residen-
tial driveways and while they may alleviate some of the accidents at
that corner, actually in fact move the accidents to other locations.
A concern was indicated regarding access by fire and other
emergency vehicles on the east side of Portland with the median strip
as proposed.
We frankly question the cost of acquiring the right-of-
v way as many of the residents there indicated that if this went in they
would want to have the City buy their homes; it has a severe impact if
not a complete taking on the Amoco station, on our location, and
possibly on the Sinclair station.
No evidence was given as to any personal injuries occuring at
this intersection and while I do not mean to minimize the property
damage claims, it does raise a question as to the economic benefit of
the entire project.
I will be at the meeting with a representative of Mr. Tire
and if there are any questions we would be happy to respond.
Obviously we are not in favor of this as it will put us out of
business and as I said in our letter to Mr. Eastling, we do feel that
we are part of the City of Richfield and this will have a severe
impact on not only our business but many others in that location.
u
J mes Van Valk nburg
JVV:jd
cc: Members of Council
James D. Prosser, City Manager
Michael Eastling. City Engineer
Tom Foley
THOM.~F.N
NYBECS-
JOHNSON
AN VA~LSENBURG
~~~
SMTI~i, P.A. .
LAW OFFICES ~ ~0~~
SUITE 600, EDINpOROIJOM CORPORATC CENT[R EAST
3300 EDINDOROUOM WAY, MINNEAPOLIS (E DIN A), MINNCDOTA 55435
(612) 935-7000. • FAX: (612) 635•Li450
GLENN G. NrSECK MARSH J. HALOCRG O/ COUNSEL:
CORDON V. JOHNSON WILLIAM E. SJONOLM JACK w. CARLSON
JOHN K. ~OUOUET THOMAS R. KELLEY RICHARD O. WILSON, P.A.
JAMES VAN VALKEN9URG DENNIS M. MTRICK HEROERT P. LEFLER, III
MARK G. OHNSTAO PHILI- SIE/F MELGE THOMSE N. RET PIED
DONALD D. SMITH pAVID J M~GEE
March 20, 1990
Mr. Michael Eastling
c/o City Engineer
City of Richfield
670 Portland Avenue
Minneapolis, Mn. 55423 -2599
RE: 65th and Portland
Mr. Tire
Dear Sir:
on March 14th
situation.
I appreciated the opportunity to meet with you
to better understand the 66th and Portland
In a nut shell I would indicate that you people
will probably take the northern and westerly alignment and I
car. see your rationale for that.
I should point out to you that to do so is going
to effectively put Mr. Tire out of business as we would not
have room for either parking or turn around within our facility
and that would severely handicap our business.
Thus I wo~,ld appreciate it if you would
recognize thaw w~ would, with that expected decision, be of a
frame of mind +.~ .Start negotiating with yo~.~ promptly as to the
value of our property and damages that would be considered in
your te.king.
/~:
~~o_S
-z-
I realize that this suggestion may be premat~ire
as it his not b?en formally decided, nor do you plan to start
building until 1991. However, once a decision is made I wo~~ld
appreciate it if we could move oromptly to start discussing
this matter to see if it can bP resolved short of a full
fledged eminent domain proceeding.
Obviously this is not a decision that we are
enthused about as this has. been a good location for our
business and we have felt that we were a part of the City of
Richfield., and the effect of this is, of course, to severely
impact on a Richfield business.
JVV:jd
cc: Chuck Lunde
John Sieff
Phil Sieff
Yours truly,
James Van Valkenburg
-~ lo-~l
TO: Mayor Steve Quam
FROM: Jack Mooney
Portland Amoco
Please, if you can, try to understand my position in regards
to the proposed changes at the corner of 66th and Portland. My
name is Jack Mooney, I'm 22 years old and I am co-owner of
Portland Amoco. I've been here over three years, first as an
attendant, then as manager and now for the last seven. months as
co-owner and manager. I average over 70 hours per week trying to
run the best service station possible, and our customers.
appreciate it, as our petition shows. We have a total of 14
employees, 12 of which either live or have family living in
Richfield.
With the economy in the condition that it is now, with many
small businesses going bankrupt as well as large .companies laying
off employees, we all feel pretty lucky to have jobs, especially
jobs that we enjoy. As you already know, Amoco Oil has stated
that if this proposal is approved by you, they will close down
the operation entirely due to the costs of rebuilding combined
with the money invested in this location in 1984. So directly
we are not losing our homes, but indirectly how are we going to
keep them. The car dealerships are laying off technicians, and
full service .stations are becoming rarer by the day, so where are
we going to go? I was fortunate enough to be able to save my
money to put a down payment on a home and 49% of Portland Amoco
while finishing my business degree at the University of
Minnesota, but I surely was not planning on my business being
taken away from me over something completely out of my control.
There has been some talk as to why I can't relocate, and I feel
you must be informed what is involved when a person buys an Amoco
service station. What is bought is the stock and equipment from
the dealer, and then you pay a monthly lease to Amoco for the use
of the land and building. This equipment is the majority of the
cost, approximately $130,000 plus another $25000 for inventory.
Add to that blue sky for an on-going entity and it puts you
between $200,000 and $300,000. The point. is, if I were able to
relocate, which is by no means for sure, I would be paying all
over again for stock and equipment and would be stuck with all of
Portland Amoco's equipment and the payments along with them,
which are rendered useless. According to Marty Chorzempa at
Richfield Bank ~ Trust, I would be lucky to get ten cents on the
dollar for it.
So, did I put myself through college and work all of these
hours so that I could end up with out a job or a business and
completely broke? I surely don't envy your jobs when faced with
decisions like this one, but just remember who you are
representing when you vote Monday night.- You now know how the
Richfield residents feel, how the businesses feel, and how our
customers feel. We don't deserve to be put .out of business, nor
~~~ l~
do the people on. Portland deserve to be put out of their homes.
All we can ask is that you please vote for us and not against us.
Thankyou for your time and consideration in this matter.
Enclosed is our petition, which we collected signatures at our
location for one week, and only had our regular customers sign.
If you could please mention it to the council members as well we
would appreciate it.
Sincerely,
c~~L ~lz
Jack Mooney ~~~
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CITY OF RICHFIELD, MINNESOTA
Council Letter No. 169
Agenda June 25, 1990
Issue Statement•
Council consideration as to whether to hold a City Council Study
Session on July 2, 1990.
Background:
City Council Study Sessions are regularly conducted on the first
Monday of each month. However, the City Manager will be out-of-
town on Monday, July 2, 1990.
Recommended Motion:
Cancel the City Council Study Session regularly scheduled for
July 2, 199.0.
Basis of Recommendation:
1. The study session business can be carried over to August,
1990.
2. Tie-City Manager will be out-of-town.
Alternative Recommendation:
1. Hold the City Council Study Session on July 2, 1990.
Discussion/Decision Mode:
This-item has been placed on the June 25, 1990 Council agenda so
that proper public notification can be made if the meeting is
cancelled.
Resp c fully submitted,
,~
ev n i
Acting City Manager
SLD:cak