Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
04-22-85 agenda
CITY OF RICHFIELD, MINNESOTA Office of City Manager Council Letter No. 161 Agenda April 22, 1985 The Honorable Mayor and Members of the City Council City of Richfield Subject: Computer Study Results and Recommendation of Purchase of Existing IV Phase System Council Members: PROJECT STATUS In November of 1984, the city selected DSM Information Services, Inc. as our computer consultant to assist an in -house "Computer Upgrade" Task Force to assess the city's current information processing and to develop an information system plan to meet the future needs of the city. The study was prompted by the realization that the city's present computer system was rapidly becoming overloaded and was no longer capable of expansion. Currently, the City of Richfield provides for all its own data processing services, utilizing a Four -Phase IV /95 System, including twenty -six terminals and nine character printers. Although the IV /95 is a mini - computer designed primarily for data entry, the city uses it as a main -frame system. In addition, centralized word processing was implemented on the IV /95 about eighteen months ago and has experienced rapid expansion. In order to develop a plan for the city, the consultant, assisted by the Computer Upgrade Task Force, analyzed the city's- current information flow and developed an "information architecture" depicting information sources and uses as well as information processing utilized by the city. From such analysis, the future information needs of the city were identified and a direction for future growth became readily identifiable. In addition to analyzing the city's current information flow, the consultant also spearheaded an analysis of the city's current computer hardware, software, and.th.e computer lease agreement. The city's Computer Upgrade Task Force concurrently developed a set of specific goals for the use of information. The goals developed by the Task Force are: A) Increase access to information; B) Increase productivity; C) Improve decision- making capability; D) Improve level of service; and, E) Enhance revenue opportunities and reduce out -of- pocket expenses. The goals were then used to evaluate the potential strategies for the development of the information system and to set priorities. Four alternative strategies were analyzed: 1) Upgrade the existing system to allow communications with the Liquor Stores and provide faster operation; 2) Acquire an additional computer and move some processes to that machine; 3) Acquire micro - computers and use those machines for some functions; and, 4) Replace current computer hardware and software with a completely new system. At the conclusion of the study, these strategies were carefully examined and it was determined that the fourth alternative was the most cost effective and the most likely to fulfill the city's needs and requirements. Based on that conclusion, a three -step process has been recommended to implement the city's information. system. 1) Purchase the existing system to reduce overall costs. An analysis of the city's current lease agreement with Four -Phase for the IV /95 system revealed that substantial savings could be made if the system were purchased outright as soon as possible. The specific costs involved in this recommendation will be examined in depth later in this memo. 2) Acquire and install new equipment and software, transferring all applications to the new system. 3) Phase out the existing computer (IV /95) and software by late 1986. The final design of the new information system and a detailed development plan are currently being drafted. (i.e. specifications to bid out a new computer system). /01--3 FIVE YEAR COST TO CONTINUE WITH IV /95 SYSTEM Assuming a 10% increase in maintenance and no additional equipment, costs associated with the existing system are: 1985 - $ 90,600 1986 - $ 93,200 1987 - $ 96,000 1988 - $ 99,100 1989 - $102,500 Total $481,400 If the city takes no other actions in relation to the existing computer system, the costs for the next five years would be $481,400 and the existing computer system would most likely have no salvage value at the end of that time. A replacement system would have to be installed in either 1989 or 1990. REPLACE IV /95 SYSTEM NOW The strategy recommended by the consultant and the Computer Upgrade Task Force is that the current computer hardware and software be replaced immediately with a new system. To replace the present computer system would require a buyout of the present lease. It is estimated that the cost associated with buying the existing lease would be less than $244,000. If the IV /95 system were then to be sold in 1986, the salvage value is estimated to be approximately $30,000. If the city purchased the IV /95 system in 1985 and scrapped it in 1986, an estimate of the cost would be as follows: Purchase Cost $244,000 1985 Cost* 48,000 Salvage Value (30,000) Total Cost $2 2,000 *This figure represents $45,000 lease - payment made through 6/30/85 and $3,000 maintenance costs for 7/1/85 through 12/31/85- The IV /95 system should be purchased as soon as possible. The cost of the current lease purchase plan is extremely costly - $6,500 monthly: $8,000 monthly IV Phase lease /purchase payment* - 1,500 credit toward purchase of the system $6,500 Net cost to the City monthly *Includes $7,500 base purchase for IV /95 system, plus $500 for five additional terminals obtained since the inception of the computer study. -4- III am Y Negotiations with Four Phase reed to be undertaken immediately. Once the system is purchased, the system will be used until it can be replaced and phased out by late 1986. Thus, when the buyout alternative is compared to continuing to lease through 1989, the financial advantages of purchasing the system become readily apparent. In order to purchase the system outright during June or July, 1985, a cash outlay of $244,000 would initially be needed. It is proposed that the $244,000 be secured from the following sources: 1) The Enterprise Funds would pay a proportional share of the cost of the computer buyout, based on a utilization formula developed by the Finance Division, using data processing utilization figures for the past one year. Under such a formula, the Liquor Fund would be responsible for approximately 29% or $69,638 of the total cost. The Water Fund would be responsible for approximately 11 %, or $26,694 of the total cost. The Sewer Utility Fund would be responsible for approximately 10.5 %, or $25,400 of the total cost, while the Central Garage, Central Services, Data Processing, Self Insurance and Golf Course Funds would be collectively responsible for approximately 5.25% of the total cost, or $12,800. 2) The General Fund would be responsible for 44.86% of the total cost, based on the same pro -rata formula that would represent a total of $109,458. It is proposed that this approximately $110,000 be taken from the General Fund Balance. The April 1985 Financial Report for FY 1984 shows that the General Fund of the city as of 12/31/84 had a fund balance of $3,116,000, compared to $2,787,000 at the end of 1983. Thus, through prudent management, the fund balance of the city was increased approximately $328,000 from the previous year. It is now proposed that a portion of that savings be invested in the purchase of the city's computer system through buyout of the current lease. As can be seen from the previous data, such a purchase would save the city further expenses during the next five years through saving of expenditures which would have been incurred under the present lease arrangement. In addition, purchase of a new computer system which_ would be implemented approximately January 1, 1986, would not present another major lump sum expenditure for the city. Except for initial installation, training, and conversion costs of approximately $40,000, any new computer system is expected to be purchased on a similar lease basis (in terms of dollars expended) with annual payments either equal to or less than the amount the city currently pays for the lease of the IV /95 system. Those annual payments are accounted for through a chargeback system to all departments across the city for usage of our management information /data processing system. However, exact data is not available and -5- 17-5 will not be available until such time as the city prepares specifications for competitive bidding of such a new computer system and bids are received and analyzed. It is recommended that the City Council authorize the City Manager to take the following actions: 1. Enter into negotiations with the IV Phase Division of Motorola for the purchase of the IV -95 system and draft a purchase agreement for future council approval; 2. Utilize the General Fund balance to buyout the IV 95 lease (General Fund share of 45% or $110,000); and, 3. Initiate the preparation of bid specifications for the purchase of a new computer system to replace the IV -95 system. Respectfully submitted, John G. ltwyt City Manager NOTE: THIS COUNCIL LETTER IS COUNCIL INFORMATION FOR BOTH THE 5:30 P.M. STUDY SESSION AND THE 7:00 P.M. REGULAR COUNCIL MEETING JGC:sb CITY OF RICHFIELD , MINNESOTA , 8 -I Office of City Manager Council Letter No. 160 Agenda April 22, 1985 The Honorable Mayor and Members of the City Council City of Richfield Subject: Resolution Establishing 1985 Salary for City Manager Council Members: Mayor Hamilton has requested that a resolution establishing the 1985 salary of the city manager be placed on the April 22, 1985 city council agenda. The current $51,000 salary was effective October 3, 1983, when the city manager was appointed to the position. Attached to this letter is a copy of a would establish the 1985 salary for the ci $53,805, which is a 5.5% increase over the increase would be effective March 1, 1985. placed on the April 22, 1985, city council council action. JGC /eja resolution which ty manager at 1984 salary. This This item has been agenda for city Res ectfu submitted, v� John G. Car wr' t City Manager 1 F. Z. RESOLUTION NO. RESOLUTION AMENDING THE LETTER OF UNDERSTANDING BETWEEN THE CITY OF RICHFIELD AND JOHN G. CARTWRIGHT, CITY MANAGER NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield, Minnesota as follows: The following section of the Letter of Understanding between the City of Richfield, Minnesota and John G. Cartwright, dated September 18, 1983, is amended as follows: 2. SALARY. The City agrees to pay Employee an annual salary at the rate of Fifty Three Thousand, Eight- Hundred and Five Dollars ($53,805) per year effective March 1, 1985, and thereafter at such rate as may from time to time be fixed by the City Council. Passed by the City Council of the City of Richfield, Minnesota this 22nd day of April, 1985. John Hamilton Mayor ATTEST: Thomas Ferber City Clerk CITY OF RICHFIELD, MINNESOTA"' I Office of City Manager Council Letter No. 159 Agenda April 22, 1985 The Honorable Mayor and Members of the City Council City of Richfield Subject: Ordinance Providing for Licensing of Parks to Non - Profit Organizations for Certain Recreational and Civic Activities. First Reading. Council Members: The purpose of this ordinance provision for licensing of parks to non - profit organizations for certain recreational and civic activities is to lock up the park for the Fourth of July Committee. This ordinance will permit,the Fourth of July Committee to authorize other organizations to sell products and use the parks on an exclusive basis for that day in question. At the time of preparing this council letter, the ordinance was not available to the city staff. The City Attorney will have the ordinance available at the April 22, 1985, city council meeting. Respectfu y submitted, Kohn G. Ca wr ht City Manager JGC /eja l� 1 CITY OF RICHFIELD, MINNESOTA Office of City Manager Council Letter No. 158 Agenda April 22, 1985 The Honorable Mayor and Members of the City Council City of Richfield Subject: Council Salaries Council Members: Chapter XII, Section 12.02, of the municipal code of ordinanaces, establishes the salaries of the city council and provides that salaries of the council members be reviewed by December of each year. Council salaries were last adjusted in 1978, when the salary of the Mayor was increased from $5,670 to $6,000 per year; and council member salaries were increased from $4,221 to $4,500 annually. An ordinance amendment increasing the salary of the Mayor and council members by $700 per year is attached to this council letter. At the March 11, 1985, city council meeting, the city council tabled this item to a council meeting when all council members would be present. Also attached is a copy of the most recent survey of council salaries in other Minnesota cities. A majority vote is required for adoption. If the ordinance is approved, the salaries would not be increased until after the Fall (1985) elections. However, ' it is placed on a council agenda at this time so that any salary increases may be included in the proposed 1986 budget document. A comparison of the salaries from six selected metropolitan cities with the salaries paid to Richfield officials shows: 1. Richfield Mayor salary would require a 11.8% increase to match the average salary for the position of Mayor; and, 2. Richfield city council salary would require a 9.4% increase to match the average salary paid to council members in the six selected cities (see council backup). _2_ A $700 annual increase is proposed for the Mayor and Council salaries. A $700 increase to the Mayor's salary would represent an 11.7% increase. The last increase was seven years ago. Thus, the annual increase over the last seven years would be less than 2% per year. A $700 increase to City Council salaries would reflect a 15.6% increase. The annual increase during the seven year period since the last adjustment averages about 2.2 %. The justification for adjusting the City Council salaries in 1985 are: 1. The salary for the Mayor and Council Members has gradually fallen behind the average salary paid by cities which Richfield has used as a comparison since 1978 and the gap will continue to widen unless action is taken; 2. The recommended $700 annual increase represents an approximate 2% annual increase over the last seven years; and, 3. The adjustment recognizes to a limited extend the change in the cost of living index since 1978. This item has been placed on the April 22, 1985, city council agenda for first reading consideration. If the City Council approves this ordinance amendment on first reading, it is recommended that the second reading and public hearing be scheduled for the June 10, 1985, city council meeting. Res ectfu ubmitted, John G. Cartw2t City Manager JGC /ej a AMENDMENT TO CHAPTER XII SECTION 12.02 _ OF THE RICHFIELD ORDINANCE CODE RELATING TO I COMPENSATION OF MAYOR AND COUNCIL MEMBERS Y� CITY OF RICHFIELD DOES ORDAIN: Section 12.02 of the Ordinance Code of the City of Richfield relating to compensation of the Mayor and Council Members is hereby amended to provide as follows: Subdivision 1. Annual Salary The annual salary of the Mayor is [$6,7001 and the annual salary for each member of the council is $-#;56-[$5,2001 to be effective 30 days after its publication. Salaries of such officers shall be reviewed by December of each year. Passed by the City Council of the City of Richfield, Minnesota, this day of ATTEST: Thomas Ferber City Clerk , 1985. John Hamilton Mayor CITY BLOOMINGTON GOLDEN VALLEY ROSEVILLE EDINA ST. LOUIS PARK BURNSVILLE /6. y METROPOLITAN AREA COUNCIL SALARIES SELECTED SIX AVERAGE SALARIES # MTGS. ANNUAL SALARY MONTH POP. MAYOR COUNCIL 4 82,490 $12,000 $9,000 2 22,380 $ 6,200 $4,650 2 35,920 $ 6,000 $4,800 2 45,340 $ 5,850 $3,900 2 42,640 $ 5,400 $3,600 2 37,580 $ 4,800 $3,600 AVERAGE SIX CITIES AVERAGE ALL METROPOLITAN CITIES WITH POPULATION OVER 20,000 $ 6,708 $4,925 $ 5,952 $4,305 RICHFIELD SALARIES $ 6,000 $4,500 v� C O H a U1 U z U 7 C. O r / Q a d � U1 a d O z z d x O d O d d :Q d O z z c �I M 00 O [r 00 O 0 0 0 0 0 0 O C O O O O O o C O o O c O n O O O O O 0 0 0 v+ 0 0 0 00 0 0 0 0 co Ln o 0 o C c C o 0 0 0 N 00 O r 1 C0 cfl O Co O O N C M 00 vv CO O M N co t.- N O 00 Cn O Cl co) C9 M M M `' c7 cn G" n [r M M 11 � 'n 0 0 0 0 0 0 00 Q p O LO O O O O 00 O O O ON o Ll O O O 0 0 N O N Ln yJ 9 00 C' r 00 Co O c� M M M d" LO t4 M M M c7 Q' C" c 7 � ba; bay Cd a as 3 3 4--) 4-3 d d G O O O O O o C O O GO O O O N O N N Qi X oc oC rl 0 0 0 0 0 0 0 M O o 0 00 O O N Co 00 N N Vi 00 00 r--I O O O O 00 O O C d+ �+ O O d+ co co N O O O N O O tT r-4 r+ r•+ r 0 0 0 0 0 0 C) CD C O o 0 00 0 0 o 0 0 0 0 0 o 0 O 0 o 0 0 0 0 0 0 0 0 0 t- 0 0 0 o c o 0 0 0o c o Cfl 0 O 0 6m 00 00 d' LO O O M to M N N O U1 Cfl O O O 00 O . 1 CJ CO d Cfl O Cfl c9 o � a to O M M M to O O a' M M N Cl CO Co �' Cl Cl LO cn M M Co M M d' O d" M O co 0 H N m r-4 U 0 0 0 0 0 0 O C O O O O O o C O o O c O n O O O O O 0 0 0 v+ 0 0 0 00 0 0 0 0 co Ln o 0 o C c C o 0 0 0 N 00 O r 1 C0 cfl O Co O O N C M 00 vv CO O M N co t.- N O 00 Cn O Cl co) C9 M M M `' c7 cn G" n [r M M 11 � 'n 0 0 0 0 0 0 00 Q p O LO O O O O 00 O O O ON o Ll O O O 0 0 N O N Ln yJ 9 00 C' r 00 Co O c� M M M d" LO t4 M M M c7 Q' C" c 7 � ba; bay Cd a as 3 3 4--) 4-3 d d G O O O O O o C O O GO O O O N O N N Qi X oc oC rl 0 0 0 0 0 0 0 M O o 0 00 O O N Co 00 N N Vi 00 00 r--I O O O O 00 O O C d+ �+ O O d+ co co N O O O N O O tT r-4 r+ r•+ r 0 0 0 0 N d' CO x 0 0 DD 0 0 C9 0 0 �' 0 0 0 0 N 0 N 0 E- 0 0 rf' 0 O 0 0 O O O O E- z T c9 d" d" CO d'' d'' Cfl CO C,7 O C9 O O N 0 O d 0 O 00 0 O O 0 O 00 0 O CO O O N O O 00 O O O O O O O N Cl 00 x 00 0 O O 0 o o 0 O O W W O 9 O �+ O O d" O c9 o � a to O d' CO CO to O O M 0 O co 0 H N m r-4 U W z � 0 0 0 0 0 0 0 0 O 0» O N m •d" 00 O O O oO E+ W a p a F N M 00 E-4 a4 W1 d O a a a 4-) C) U o � > a H H r"f r-1 O 0 0 a 0 0 0 ;.4 :z o U � d Aa Qa CO m Qa U 0 0 0 0 N d' 0 0 CO 0 0 Cfl 0 0 DD 0 0 C9 0 0 �' 0 0 0 0 N 0 N 0 0 0 0 0 0 rf' 0 O 0 0 O O O O LO T c9 d" d" CO d'' d'' Cfl CO O N s N O N O N O 0 O M O p N O 0 d+ O 0 LO O 0 Cfl O 0 00 O O co 0 0 N 0 0 a0 0 0 N 0 0 O 0 0 O 0 0 O O 0 O 0 0 O 0 0 O 0 0 0 0 O O O O LO T c9 d" d" CO d'' d'' Cfl CO C,7 O C9 O O N 0 O d 0 O 00 0 O O 0 O 00 0 O CO O O N O O 00 O O O O O O O N Cl 00 x 00 0 O O 0 o o 0 O O 0 O d' 0 O O O 9 O �+ O O d" O c9 CO d d" to O d' CO CO to O O M M N N N N N N N N n N N n N N N N .-� O tf� 6j C07 O N ri N O 67 O N O a0 O N O C' M di O r-I 00 N 0 00 M N 0 M N 0 O [� N 0 M ri 1 0 O M 0 LO Gfl N 0 w M M 0 [f' N M 0 N O M 0 � O d' '0 O O N O r1 Ln N x � x CL �a c°v (1) > o a� c°v cn cd w 0r r•°-a ^O w a� � > b c°� > v r•-+ ="- O rt Ca O C w ° �.4 as z Q» o x z +�-, o E a w = > a a o a a t 1 a Cd Cd p �' APPENIDIX E CITY CHARTER MJ " — Sec. 2.05. Vacancies in the Council. A vacancy in the council shall be deemed to exist in case of the failure of any person elected thereto to qualify on or before the date of the second regular meeting of the new council, or by reason of the death, resignation, removal from office, removal from the City, continuous absence from the City for more than three months, or conviction of a felony of any such person whether before or after his qualification, or by reason of the failure of any councilman without good cause to perform any of the duties of membership in the council for a period of three months. In each such case the council shall by resolution declare a vacancy to exist and shall forthwith appoint an eligible person to fill the same until the next regular municipal election, when the office shall be filled for the unexpired term. If the council' shall be unable to agree on an, appointee to fill the vacancy within thirty (30) days, the mayor shall appoint a person to fill such vacancy. Sec. 2.06. The Mayor. The mayor shall be the presiding officer of the council, except that the council shall choose from its members a president pro tem who shall hold office at the pleasure of the council and shall serve as president in the mayor's absence and as mayor in case of the mayor's disability or absence from the City. The mayor shall have a vote as a member of the council. He shall exercise all powers and perform all duties conferred and imposed upon him by this charter, the ordinances of the City, and the laws of the state. He shall be recognized as the official head of the City for all ceremonial purposes, by the courts for the purpose of serving civil process, and by the governor for the purposes of martial law. He shall study the operations of the City government and shall report to the council any neglect, dereliction of duty, or waste on the part of any officer or department of the City. In time of public danger or emer- gency he may, with the consent of the council, take command of the police, maintain order and enforce the law. Sec. 2.07. Salaries. The mayor and the members of the council shall re- ceive payment as set by ordinance. No change in salar7z shall take effect until after the next succeeding municl a &Mt. Ton. �TIie city manager an alb nate .,., a „,,� .._K `officers an yees o1 ne�1 7 s a 1 receive such salaries or wages as may be fixed by the council. (Bill 1982 -19) 7/26/82 This ordinance shall be effective upon passage and publication in the manner required by law. Sec. 2.08. Investigation of Cite Affairs. The council and the city manager, or either of them, and any officer or officers formally authorized by them, or either of them, shall have power to make investigations into the City's affairs, to subpoena witnesses, administer oaths, and compel the production of books and papers. The council shall provide for an audit of the City's accounts at least once a year by the state department in charge of such work or by a certified public accountant. The council may at any time provide for an examination or audit of the accounts of any officer or department of the City government and it may cause to be made any survey or research study of any subject of municipal concern. Sec. 2.09. Interference with Administration. The council may by ordinance establish a merit system in all or part of the city administration, but neither the council nor any of its members shall dictate the appointment of any person to office 7/26/82 CITY CHARTER E.3 CITY OF RICHFIELD, MINNESOTA CITY OF RICHFIELD, MINNESOTA 1(o,- Office of City Manager 7 Council Letter No. 230 Agenda July 26, 1982 The Honorable Mayor and Members of the City Council City of Richfield Council Members: Subject: Ordinance 'Amendment Amending Section 2.07 of the City Charter Relating to Council Salaries. Second Reading. At the June 14, 1982 city council meeting, first reading approval was given to an ordinance amending Section 2.07 of the city_ charter relating to salary increases for council members. The amendment would delete the phrase "and such ordinances may be amended only by a four - fifths vote of the.council" and add the phrase "No change in salary shall take effect until after the next succeeding municipal election." The current state law allows a change in salary to-take place upon- a majority vote of the city council effective after the councilmember stands for election. -An- alternate procedure is the Home Rule Charter which allows a salary change to take place 30 days after publication of the ordinance when a four - fifths vote of the council takes place. The charter amendment- would bring the Home Rule Charter into the same language as the state law and prevent any salary increases prior to standing for election. A public hearing on this amendment, a copy of which is attached, has been scheduled for the July 26, 1982 city council meeting. Approval of the ordinance requires a unanimous vote of the city council. Respectfully submitted, Karl Nollenberger City Manager KN /skh CITY OF RICHFIELD, MINNESOTA Office of City Manager Council Letter No. 157 Agenda April 22, 1985 The Honorable Mayor and Members of the City Council City of Richfield Subject: Ordinance Amendment Relating to Control and Prevention of Plant Pests - First Reading Council Members: The purpose of this housekeeping amendment is to bring the city ordinance into conformance with the Rules of the Minnesota Department of Agriculture Shade Tree Program and to provide clarification and ease of administration. The Richfield ordinance to be amended is Chapter Four, Section 4.11 CONTROL AND PREVENTION OF PLANT PESTS, Subd. 9. Abatement of Plant Pests Nuisances. Attached to this council letter is the ordinance amendment which provides for the following: 1. Adds the provision that notification to the owner of a diseased tree(s) on private property may be by hand delivery. The present ordinance provision provides that notice shall be given only by certified mail. The reason for adding hand delivery is that certified mail has been slow on occasion thereby limiting even further the time the owner has for removal. 2. Increases the time limit that a property owner has to remove a diseased tree from 10 days to 20 days. This is 10 more days than currently provided in the ordinance and places the local ordinance in agreement with the state regulation. 3. Includes the provision that the city would have the right to remove the tree(s) within 20 days after the expiration of the 20 days given the owner if the owner has not already removed the tree(s). Costs incurred by the city would be charged to the owner. It is recommended the city council approve first reading of this ordinance amendment and schedule second reading for May 13, 1985. Res ectf ubmitted, John G. Cartwright City Manager ORDINANCE NO. AMENDMENT TO CHAPTER IV "REGULATIONS OF STREETS, PUBLIC WAYS, / �! GROUNDS AND PLACES ", SECTION 4.11 CONTROL AND PREVENTION OF PLANT PESTS, SUBD. 9 ABATEMENT OF PLANT PESTS NUISANCES, OF THE MUNICIPAL CODE OF ORDINANCES OF THE CITY OF RICHFIELD, MINNESOTA City of Richfield Does Ordain: Chapter IV of the Ordinance Code of the City of Richfield regulating the use of streets, public ways, grounds and places is hereby amended in Section 4.11, Subd. 9 to read as follows: Subd. 9. Abatement of Plant Pests Nuisances. In abating the nuisances defined in this section, the forester shall cause the infected tree or wood to be sprayed, removed, burned, or otherwise effectively treated so as to destroy and prevent as fully as possible the spread of plant pests. Such abatement procedures shall be carried out in accordance with current technical and expert opinions and plans as designed by the commissioner of agriculture. Whenever the forester finds with reasonable certainty that shade tree disease exists in any tree or wood in the c-_ty, he shall notify �hc cb , + +;i_g. p l way, er the owner if it is on private property, by certified mail (or hand • delivery), that the nuisance must be abated within a specified time, nQt 1a- --1p =s-� (r ways —�;! (of not) more than ten - f-IE+ (twenty (20)) days from the date of mailing (or delivering) such notice. After the expiration of the time limited by the notice, � (the forester) may abate such nuisance and shall do so within not more than twenty (20) days �e of stiei4 i4e# (after the specified time provided the owner by original notice and the costs thereof be assessed against the property). Passed by the City Council of the City of Richfield, Minnesota, this day of 1985• John Hamilton, Mayor ATTEST: Thomas Ferber, City Clerk CITY OF RICHFIELD, MINNESOTA ... Office of City Manager Council Letter No. 156 Agenda April 22, 1985 The Honorable Mayor and Members of the City Council City of Richfield Subject: Consideration of Cable TV Financial Assistance To Rogers Cablesystems by Southwest Cable Cities Council Members: The Southwest Cable Commission administrator (Ralph Campbell) and attorneys (Adrian Herbst and Gary,Matz), along with Rogers Cablesystems representatives, will attend the April 22, 1985 council meeting to spell out the financial relief package that has been negotiated. The financial crises and the start of negotiations started in March or April, 1984. At the time this council letter was prepared, none of the documents had been received nor had an explanation of the issues. (Friday, April 19, 1985). In a telephone conversation with the city attorney, the following ordinances and agreements are included in the financial relief package: 1. An amendment to the original franchise ordinance; 2. A relief ordinance that will spell out the concessions being made by the five Southwest suburban cities a. a reduction in the 5% franchise fee to 3% (starting with FY 1984) ; b. the expenditure of 1% of gross revenues (1% of the remaining 3 %) to Rogers to operate local programming (public access). This relief ordinance is for a temporary period not to exceed a 7 or 7 1/2 year period, I believe. If certain financial results are achieved earlier, then the temporary period may be less than 7 or 7 1/2 years. 3. A performance agreement that commits both parties to continue public access. The cities agree to contract with Rogers through August, 1986, to have Rogers operate public access programming. -2- / qo oa * After August, 1986, the cities will have the option to continue contracting with Rogers or to contract with another party to perform public access programming. Rogers Cablesystems also agrees to expend 1% of gross revenues to help finance public access programming. Governmental programming is not included in public access programming. Cities will have to continue financing this service, as we do now, from the remaining 2% of the franchise fees (3% less 1% for public access programming). The use of the 3% franchise fees for Richfield will probably be allocated as follows: 1% public access programming; 1% governmental programming; 1% Southwest Cable Commission (administration, legal, etc.) The payment of franchise fees will be made quarterly after the fiscal year has been completed rather than payment on October 31 following the end of a fiscal year (September) for Rogers. The payment schedule provides: A. Fiscal Year 1984 for the period ending 9/84 1/4 payment July, 1985 1/4 payment August, 1985 1/4 payment September, 1985 1/4 payment November, 1985 B. Fiscal Year 1985 for the period ending 9/85 1/4 payment November, 1985 1/4 payment February, 1986 1/4 payment May, 1986 1/4 payment August, 1986 The 1984 5% franchise for Richfield amounted to $87,788. The 3% Richfield will receive during 1985 will total $52,672 (60% of 5 %). The Performance Agreement will probably have two exhibits that are contracts that Rogers provides, but will not require city council action. -3- The first exhibit will tell what Rogers will provide for the 1% gross revenues they expend for public access programming. 4. There will be a document or provision that calls for establishing a study committee to pursue an institutional network system (a linkage with other cable systems). 5. There will be a document or provision that will say when Rogers does or does not have to extend new service into newly established subdivisions. This provision doesn't affect Richfield. 6. There will be an agreement of some type that provides acceptance by Rogers of the original franchise ordinance as amended. This item will not require city council action at the April 22, 1985, council meeting. 7. There will be an agreement of some type that provides the parent companies of Rogers Southwest Cablesystems will guarantee all performance conditions imposed upon the local cable system. This item does not require city council action at the April 22, 1985, city council meeting. The net result of the negotiations is to: 1. Help Rogers refinance their long term debt service and overcome their cash flow crises; 2. Help Rogers get their financial house in order by providing significant financial relief; and, 3. The cities absorb 2% of the gross revenues due the cities. Respectf y submitted, John G. Ca twr 11t City Manager JGC /eja POPHAM, HAIK, SCHNOBRICH, KAUFMAN & DOTY, LTD 4344 IDS CENTER MINNEAPOLIS, MINNESOTA 55402 TELEPHONE ANO TELECOPIER 612- 333 -4800 WAYNE G. POPHAM CLIFFORD M. GREENE JOHN C. CHILDS ROGER W. SCHNOBRICH D. WILLIAM KAUFMAN DOUGLAS P. SEATON DENVER KAUFMAN MICHAEL 0. FREEMAN THOMAS E. SANNER DAVIO S. DOTY THOMAS C. D�AOUILA BRUCE S. M.PHEETERS ROBERT A. MINISH LARRY O. ESPEL GARY D. BLACKFORD ROLFE A. WOROEN JANIE S. MAYERON SCOTT E. RICHTER G. MARC WHITEHEAD THOMAS J. BARRETT GREGORY L. WILMES BRUCE D. WILLIS JAMES A. PAYNE ELIZABETH A. THOMPSON FREDERICK S. RICHARDS DAVID A. JONES TIMOTHY W. KUCK G. ROBERT JOHNSON LEE E. SHEEHY KEITH J. HALLELAND GARY R. MACOMBER LESLIE GILLETTE THOMAS C. MIELENHAUSEN ROBERT S. BURK MICHAEL T. NILAN STEVEN I. LOWENTHAL HUGH V. PLUNKETT, III ROBERT H. LYNN KATHLEEN A. SLATZ FREDERICK C. BROWN ROBERT C. MOILANEN MICHAEL D. CHRISTENSON THOMAS K. BERG STEVEN G. HEIKENS J. MICHAEL SCHWARTZ BRUCE D. MALKERSON THOMAS F. NELSON LARAYE M.OSBORNE JAMES R. STEILEN THOMAS J. RADIO JAMES B. LOCKHART DAVID L. HASHMALL OF COUNSEL ALLEN W. HINOERAKER KATHLEEN M. MARTIN FRED L. MORRISON March 25, 1985 Mayor C. Wayne Courtney 4313 Eton Place Edina, MN 55424 Dear Chairman Courtney: .y -y 2060 PETRO -LEWIS TOWER 717 SEVENTEENTH STREET DENVER,COLORA00 80202 TELEPHONE ANO TELECOPIER 303- 292 -2660 SUITE 802 -2000 L STREET, N. W. WASHINGTON, D. C. 20036 TELEPHONE ANO TELECOPIER 202- 887 -SIS4 This letter is to reaffirm our understanding of the Southwest Suburban Cable Commission's action at its special meeting held last Wednesday. It is our understanding that documents are to be developed based on the Commission's decisions and forwarded to the city attorneys at the earliest possible date. It is further our understanding that every effort will be made to finalize these documents by the end of this week so that they can be heard by the city councils at the first round of April city council meetings. We understand and appreciate the significant amount of time and effort which this project has required of the Commission, its staff and the Commission's attorneys, Adrian Herbst and Gary Matz. We want you to know that we will be available to assist as necessary in the completion of these documents. The process to date has been both thorough and deliberate. It has allowed fo-r the examination of many alternative proposals and has provided ample opportunity for public involvement. However, as with any public process, it is important that closure be reached. Given Rogers financial circumstances, it is particularly important Mayor C. Wayne Courtney March 25, 1985 Page 2 that the agreement be submitted now to the individual city councils for their consideration. Very truly yours, Wayne /)G. Popham rx David A. Jones DAJ:paj = cc: Members of Southwest Suburban Cable Commission 1101B /y -s Southwest Suburban Cable Commission M E M O R A N D U M T0: Carl Jullie, Ken, Rosland, Jim Geneilie, Jim Miller and John Cartwright FROM: Ralph B. Campbell, III, Administrator SUBJECT: Costs to Cities and Benefits to Rogers Associated with Rogers Cablesyste m s -Southwest's Request for Financial Relief Wednesday 10 April 1985 Following is a summary of the costs to the cities and the benefits to Rogers Cablesystems- Southwest (Rogers) that would result if the proposed relief is granted for the fullest possible term, seven and one half years. Cut franchise fees from five to three percent of Rogers' gross revenues COST TO CITIES BEN FIT TO ROGERS $2,070,900 $2,070,900 Receive 3 percent franchise fees in four equal payments (November, February May and August) COST TO CITIES BENEFIT TO ROGERS Interest received by $279,372 investing surplus fees Southwest Suburban Cable Commission _ l� MEMORANDIi* Costs to Cities and Benefits to Rogers Associated with Rogers Cabiesystems- Southwest's Request for financial Relief 10 April 1985 Defer a portion Rogers' support for local programming and dedicate a portion of franchise fees toward sup orting local arogramming COSTTO CITIES BENEFIT TOROGERS $978,435 $2,733,475 Eliminate $300.000 performance bonds COST TO CITIES BENEFIT TO ROGER$ $0.00 $72,500 Defer requirement to build the Institutional /Business Network COSTTO CITIES BENEFIT TO ROGERS $0.00 $1,780,000 (capital expenses only) TOTAL TOTAL COST TO CITIES BENEFIT TO ROGERS $3,049,335 $6,936,447 Enclosed with this memorandum are financial reports depicting these costs and benefits on an annual per city basis. Page 2 of 2 co O C' 1- co U-j S 1- O 0 co co W c w J m U co cc LAJ 0 cc O t- LL w Z w m Iy-,P C O 0 U N U L Q cn 4-+ N m O tJ3 r. :w: :Q :O :O :o:o :p :o :o: o: c?o :o: :Q: �•rr�. U.)• an•u-)•o•U-)•° u'a:o,ir):u�. °.u-). Q. M: in: QM:. -:._: p: op: M: M: C0: ^: tom: 03 L) : w Z: uj "" :M:t0:CD: ^- :M:Q1:cn:r-:- -:M_:V": �s Q: 4', N, �: M: M: �: to: r-: : ct': tt : ULn, co n: ' :O:O;O:O:O:O:O:o:o:O;O :O: :O: cr): °: O: °: p: o: o: p, o• o: p, o: o: o: CT =: -= . :°.O.o.p.p.p.p.o•o•O•Q -0- w: w: : w: -; w: w: -: w; ..: w: C) . w: . . :f17:Z: :1` : N: M: 0: C-: t0: r-: M: N: n: :N: 00: : CC: >: N ;ft :M :o:N :tD:O :OQ :N;M :�O•U?: -. V-. t0. O. co- U?• M• (\J• N. N: M. : U'). :Z: :O: :o :o :CD: CD: (0: :Q: :w: o•° : CD: o :o o :°•°•° o: a, LLl : : 1 d- : (0: 00: te) : t0: (D: M C1• : ^- : UZ: : C): Cf7 t0 Cr: M: 0): N: N: N: M: M: M a.: I, V": 00: : w: : �-. LL LL L . : (Q. .. C r-- w. Q ': CC- O- 0: . ... ... ... ... ... .. :... : O: w O: O O Q O: O: O: O: Z: Z: : 1n: O. O. O. O• rte• O. O. : �n• Q- h: Z: Z: : tY: �: tr: tY: N: O: O: O: O: O: O: Q: : N: Q. CC. ,. •: ,. •. : �,: Z: O: m: : Z: Z: Z : v : : : : O :°O: :� Lw : : : : w: :.. :...:..... :...:...:... :... :... :... :.......... :..:...: �:.. : : M : O : O : . . Z: _ c- O c0 CO- -- rn• rn• r• O: M: d-: r-• V-: W: > : -,�: •: m V. Q: U: d•�'a: •: : CD �: Q: M: co: M: Q: O: :CC:rs:G� :�: a0•M•�r- •tp•�:rn•O•N. : M: M '--` �:0: m Cl. cc:: .. :Z: Z: Z: Z: :M'M'M.M'M.�•�7": a:*-,. v': O: c M: (0: w: : LO: N: N: N: N: M: O: tom: 0: LL. �': N: O: U-�: : N: tG: C: Q r`: r: r: w. N; l0: N: '-: +-: !:-• •- w: 1-- w: : .: UD : co: Q :M :� :O :--: w: �: CC. N. N: N: N: M: M: M: M: t7-: CFI: : 0 :�: U)- 0- V N: CC- : cQ: >-' UY o: O: o: o: o: o: o: O: o: :O: LL. Z: q-• tD O: e}"• N• 1-• l0• qqr• O• " O. : : : O• m O: : O: �-: N. p�: n: tom: xp: N: �. O: �,. c,: Cr-: a: cc: U: p: Z: Z: Z: Z • w : :LL: �:'' ca• : cc: :.--.. N: M: J-: N. Go: O: 0: : a: 00: 00: 00: co: co: 00: 00: 00: Oa: o: (M: 0) : F•-: :.-: M:0):0):�:0):0):0:0):0): �.. O ""' N M �!" U'f O h O O O •- N M � �-- N M 'd' In t� � 1� 01 .- r. .•� .- +- �- •-• �- •- �- N N N N Iy-,P C O 0 U N U L Q cn 4-+ N m O tJ3 to 00 a d' En Lal h- U 0 1- CA co a U O W Z m O U / Y* C O N O v N • cG .a L 3 0 cn • ae•W: :0:0 :0:0 o :o :0:C) :0: :O: Ln :o :U :w: 00.. ^tD.tD.t`.o. �, U: : Z: : W UQLL-: �Q.Ln.C,-: . 0). ^. �. 0�. N. (0: N• (.,J: M; M: M: M• d-: d-. C). ^. W; LL. M: 3�: CO: : O: d: O; 0: O: Q: G: O: Q: O: c): : Q: : Q: �. �. n. O �. p. n. Q. vy. �. �. U-.>. p. W; w. w w w w w w w w: w w• -: w; ; R w: Z: W: --: M: to: o: ^: the cn: 0): ^: M: r-: : rn: : m u-: ; N; Cam-: O; co: to. D1: N; to. ^: to. ^: ko r-,. 5, ix: : M: M: d': �t : It?: ln: to: tD: tom: t,-• O LL: .• . ......... ................. ... .... .... .... ..............: :........ v L CO: ' Z: tn. Q. Q. o� o, o. o. Q. Q� tn: 4... Z :a.<: CD: a:c- :-- : Lam: c-:c- :U-) :r,-: 4- .- L. : Z: Z. Z: O: pa. M. "": C\J; d'; t0. 00. O. N: _ Q: N. ^. : N. N. �{. N. N. M: �. Q W. ' c): c) O: Q: CD: : O: O: Q: N C :4.0 :0:FY:<:�: p.N.tp•0,)• CJ: M•iQ•tn- :d-• rn: `n M: �: Q: 0): � O: °: o: :v:�O: :o: o: o:o :o:o :o:Q:o: :o, w• Z: d-: o: o: V-: N: d-: tD: 11 o: �- o: . �. _ w: <n to cn; cn; f-: Q: Q Q: ctii: o: c� n .Zr: c cn: U• �•. Co. al ti a-; t0 aa; (::>; ^. tai tV N• N ": M• n; Q. . cn: U: a: Z: Z Z: 0 V a: Z. w• U ; Q: CE: . : : N: T7 Z: O: C _. W.: . to : ... . t> g: . cc: v- intD loa cn: Cl: ^ tu : : -J. Q: Q 00: � «• � 00• � co. � «; 0): o,. 0,. et' to � ti c0 Oy O �- N M C to t0 i� � to O •- N M d' � iD V- to tr! N lf! tt� tf's i�'a tty to It? t� cD cD tG c 0 EC / Y* C O N O v N • cG .a L 3 0 cn • .-+% U? 07 O LtJ Q CC d Z •J J LL O t� W O F- On O V I �,M 0 0 V L1 C c� .a L 3 0 co : W• W: M' U)' :U'):U? :(0:n:t):r-:r- :(0 :--. 'M: . O: N M' ^- -- V,: Co, N- V-: • O: W' :Q:Q'Q:N: co: N:n :C)):N:(�: ^:(D: � 'Z. W: Q; LL-: .' :t0: O. cc. W: : aY: CO, : O: t0: t3): 0l0: U�: M: N: n: N: U7: D': N: �: �. t-: M• V)' ti: rn: Q)- to - --- *-•'It-- O: : O : tom.. — - t0. 0o • 00: — : 00: O :.- : U-): �- �- N : V . W : -: -. �: -: -: -: �: -: -: �: �: �: L J: Z: W: : M: O: V-: Q': d : O: t0: ^: r-: U?: N: O: : N: v J: Q: LL: ^: d-: �: to: r-: �`' : Oo: 00: rn: 0: •-: O: >- M:M. :co. LL: ... .... ........ ............: w (\J: O: L-: n: (0: U}: CO: Co: ko: Lf): Lf): r-:'I : (0: UO: 0)- L O: ¢: : Q: Q: Q: r: : Z: Z: Z: M: N: N: M' M: M: M- V-. d-. O _ Q: W: ..: ..:...:... ;Z :.... ..:... :.. . ..:...: :... :...' ..'.......: :M:Un :0:00: to: N:0):O :CD. ..:...: .0) �' O Q: �: p: : tp: •: 0 �. o: Q: Q : v- :U•i : to: tom :vi :0:cv: :o: o J. c. o-: �: N: N: a: z: z: V-' �- C), �: U ta: �: : o: w t�: O: O: . LLJ . . i : W: W: : M: O: C-: L`: t0: U7: co: 00; ^: : U7: 0• (o W: Lam' Z: to- n- n: N. ;r. (0• U1- ^. O. O. : 4: = _. �:_:U: M. :Q: N: N:N:M M :M :M- V-. r. .O. O: Z: �: �' Z: N. L: CO �: v U-: : J: cr- : ^: N: M: IT': U?: t0: tom: 00: O: O: ^: N: 00: 00 co: ao • co: : Q >: Q o0. 00. 00. 00- M- 0): 0): W: O0000O 0)' : : : : : ): : 0): O: O' O: :_z w: . . . . . . . . . . . . . . :O: :Q 01 Q r- N M d' Lf� t0 L� 00 C� O '- N M t0 n O O's O �- N M M M M M M M M M M Rr et ef- �- V* d' V" 'd' �' tt' e}• {t9 LA I �,M 0 0 V L1 C c� .a L 3 0 co 1-1 Ul) co LLI LL 0 U LLJ 0 I-- fn 0 U O O O V ca to in W Cn • Lcoj te): ("J: t',J: Cr): V): CD: 00: n: 0: cr) . LM (-� LLJ. � : —: rl: Ir: cn: r-: UD: to: LLJ: U, Z. U-: . (.0- r— 00- 00: (M: O. O. U-). . . : :Z: Z: :2�: co: uj: U-: U) U-) fD r- r- 0) 00 (D C> Lo. = - cn - M: U-): t4-): r—: (.,J: 0-): (*: U--): M. 0)• co: -: te) : U-� : U-): LO: r--: t : 00: -q co: e) Q. to: U. LJ: =: W: :U? : O: 1-: 1-: 1": Ln: (0: (0: (0: 0: fl-: _j: <: U-: ("J -00 Ck (\J rn 'y"' n: 0 CO 01 - to Ll-: U_: Z: (0: LO: CO: 0: Ul: 0: (\J: fl-: t�,): 4•W Z: te). f-- M. 0)• t0: (.0: ;r . L- . . <: 0): VI: 00: (NJ: rl-: 00: Ir: fD: Z: M: Lo- 0' to- 0. - . co . . co r- Tr U-> C) co CD: (0: 00: r- CL c): to: r-• O. <*: 0); C.,. (D. C"J: 00 U:O: -qr: IV): Co. 0: U: O: <: U-): V-: r-: (D): K): t0: M: oj: M, t4l: 1,: 0): (0: 1-: 0 Z: Z: Z: U. co : p: : C . . . . . . . . . . . ............... ........ :...: ... : ... : - *: " :* LO 00 0: U-)* L,: U-: Z: 0: 0• V')• 'Ir: to 41 CFI: C*-: to: r,: v): 0) UD ID: 0: uj: . -. -. -: ,:. -- :4- to V) : cf): �-' C"j: O�': < < < —: CF)• ll�r: 00: ": r-: . V-: : 0: - 4>: v v- %r- u-)- Lo. c6• to. c— r— oo. r-: U->: L.* — : CO Z: Z: Z: . . . . . . . . Q IX: :3:,- . U-: ... ......... Z: to: Qr: Lt'): ID: r-: 00: 0): C) >: <: 00. 00- 00- 00. (*- 00. Cn: 0): 0): 0): 0): 0). 4m: 0-): 0): cn: 0): C: ICINI 10 1 1 oQl "I tz c tz c c c c to N N N N O O O V ca to in W Cn • r-. U? O v- z Y a 0 T J F- F.) W S F- O F- U? F- U7 O U I C/ , / 2--,- C O O U N Q U R L va N O : Be:uj: :O'C+1:in: U?;M:fl-:h:N:f'-: :00: M: cn : (0: .-... LO: (D: d- : CD. W <: 0)N :lq LL: : Z: Z. : N. N: . W: LL: Lti: ; �: ^: a :tom: M: ^�: C;): : ^: 00: ^: M: N: : M: N: Cn: Co: 0: Rl - 00: (0: U ): M- U); C'- ; N; (0• Q; q-; : p.p�,00- t`•d- .M• co: in.V�.N::..N. G71• v? r :J: 6:UX :N:(0:00:tn: M:r-:N:r-:N: �: N J: Q: LL: N: tn: -r: r: d'•: U?: U?: (0: O: r•-: : (,J: ?� cc: LL ' LL :...:...:...... :...: ..:...:... .. N F- Z 00: : ti: r-: 00: U'): ti-: N: ---: O: dr: CA: M: C ; � : _" : . ; . ; : t0 Ci1 • U? • CA : d- . 0. 01. co: 0: ? Q'Q :Ci :(o : CO: 0) :-- r•i :q;r: ID: CO: :o: Z: Z: Z: <: U-1. CL = ' CL co . ,.. . .. . ..... .. ..._..... :00: ^ : CO: N:"t':(O:C%I: ^':C): ... ... .. . C LL: : l-- Q: v-- c,. v,. tom - u�• �• �t-- r: : o- N :. (> : Q Q <: co: Ci: 0): CD: �- c\1: to : Ir : N co: : Z: Z: Z: °�:o :o; a a> W: LL: Z: ' tom: ^-: rte: the 00: ^: U'?: �-: 00: O: 00: U') : d-- : W: O LLJ : 0: to •CFA . to: 0): b- . p . O. Op • 00 • : Op . v = �- 00: CO. cO- F-: : a: a: a: r: to: oo: °'. v7 °; N. N. N: N: O: Z: W. U: : u>- . . .................... . .... M: Ir: c0: t-: 00: Q1; co: 00: 00; 00; 00; Co. Co. 00; co- 0-j- rn; rn: Q: �. . tt? l� q C! O �•- N M er tr'! cD t� q O O �- N M er to q ti IMI t'- q 00 q 10 q q 10 10 10 10 0 O� C1 C, Cl C1 O C1 I C/ , / 2--,- C O O U N Q U R L va N O e_•. tn O z 0 F- LLI O LL. U LLJ 0 F- M F- cr) 0 u j Ll , 1-3 1�1 C 0 G E O tD co to tD O cn E LLJ En: co: ("J: ("1 0): qzr: M: M: V-: 00. 00. U3 O: U: W. <. cr): C): r-: to: 0): U'): to: VLLJ: : , =: LX <: LL: Lo r-- r-. 00: 00: 0): 0: 00. . . Lj: LL.: LAJ: a*: to r- 00 C> rfl U') r- U-) V_ C) r-, =. CO- a©. V)- U�- r-. 0. (D. Oy: W-). C"J,: (\J: n: 0): co: U-): co: 00: 0): r: fD: C,-' n: L): L&J: -: .: -Z -. < mz -: -: -: -: - . -: =: uj: Lr): (M: 0: 0) : r-: 00: 00: 00: 0) : (\J: UD: CD: 00: -J:.<: LL: 100: 0): 'C'J - 0) - V- Lr): t-: 00: C): V). U_: .... ...... F Z: ............... r-: 00: to: n: C\J: (0: r-: ....... V•: r- - Itr - 0: N. N. co: (D: r-- n: qr. U). 0). Lr). (.J: tn- ("J: 0 : Q. 9r: r-: U'): 0): rn: 0): "Zr: C): tD, Z:: url: 1-: ul: U,): U"): 4.0: QD - r- 00• v)• LO: cr_ co UD Qr: to: 00: to CL LL: 0: cc: <: '(0, '00 r 0 to . to 0).00 M 0): Lr): r-: C--: r.-: 0). U-): U:>: fn: C) u Z d. <: <: rj: n: V-: Lr): Lr). co: .cc: LL: Z: Z: Z: CC. 00: (0: NI: (1w C\J: LO: to 4V co :L LL,: Z: 0: r-: V-: 0: (\J: ": 00: to: r-: Lr): u UI: C\J: ): 0): V) ff) to :4- L'): 0): n: cn: v-: O. Co. < < oo. 14- q- Cn: U-): U: Z: Z: Z: 0: Z. Lj: . . . . . . <: cc: Q: W. LL: ........... ............ co: (m, CD: C%J: cc: n: "Zr: U'): to: r-: co: : Q. < Co. Co. oo. 00. 00. oo. 00. 00 - 00 - 0) - 0) - LU 0�' cr): 0): M: 0): 0): 0): M: 0): (7�. O. 0�: <: O ;' O 01 Imm ol j Ll , 1-3 1�1 C 0 G E O tD co to tD O cn E lq- 16 SOUTHWEST SUBURBAN CABLE COMMISSION MEMORANDUM: CONTRACTFOR PUBLIC, EDUCATIONAL AND GOVERNMENTAL ACCESS FACILITIES and CONTRACTFOR PUBLIC, EDUCATIONAL AND GOVERNMENTAL ACCESS SERVICES Wednesday 10 April 1985 The terms of this contract require Rogers to provide staff, equipment and other resources to maintain two fully functional studios, one in Eden Prairie and one in Edina, five editing systems including special effects generators, Wave form monitors, switchers, time base correctors and other equipment presently provided for editing, five Porta -Packs with lights and other equipment presently provided for field production, and a production van. In short, all equipment presently dedicated to public access would be retained. Two studios would close temporarily —those in Hopkins and Richfield. Discussions with Hennepin County Library officials indicate that the Library is increasing its use of the the Minnetonka studio located at Ridgedale, meaning progressively less time will be available for public access use. The Minnetonka studio, owned by Hennepin County would permanently close in one year. Rogers would spend approximately one percent (I%) of their gross revenues to meet the terms of this contract. Presently Rogers dedicates about five and one half percent (5 -1l2g) of their gross revenues to local programming. The term of this contract is the same as that for the RELIEF ORDINANCE as stated in Sections 6 and 7. CONTRACT FOR PUBLIC: EDUCATIONAL AND GOVERNMENTAL ACCESS SERVICES This contract requires Rogers to continue to provide three access coordinators and one educational consultant until the end of Rogers' 1986 fiscal year, 31 August 1986. At that time the Commission shall have reviewed and approved a new local programming plan that may lead to Rogers continuing to provide access coordinators or the transfer of that role to another qualified organization. This contract requires the cities to reimburse Rogers for costs associated with the provision of access coordinators and an educational consultant including administrative overhead directly related to the activities of the access coordinators and educational consultant. This reimbursement will approximately equal oneof the three present franchise fees retained by the cities. BOTH CONTRACTS Both contracts contain enforcement provisions to insure performance by Rogers. Among these provisions are liquidated damages requirements that would allow the cities to obtain services lost due to Rogers' nonperformance. If both contracts are adopted, the following resources would be available to access users in the Page 2 of 4 SOUTHWEST SUBURBAN CABLE COMMISSION MEMORANDUM: CONTRACT FOR PUBLIC, EDUCATIONAL AND GOVERNMENTAL ACCESS FACILITIES and CONTRACT FOR PUBLIC, EDUCATIONAL AND GOVERNMENTAL ACCESS SERVICES Wednesday 10 April 1985 Southwest: COMPARISON OF LOCAL PROGRAMMING STAFF AND MAJOR EQUIPMENT COMMITMENTS PEOPLE ORIGINALLY PRESENT REVISED PROMISED Programming Manager 1 1/2 1 Regional Video Technical Supervisor 1/4 1/4 0 Video Technician 1 1 2 Video Graphics Operator 1/2 1/2 0 Playback Operator 2 1 -1/2 4 Access Coordinators 5 3 5 Assistant Access Coordinators (PT) 1 0 5 Educational Consultant 1 1 2 Secretary I 1 1 TOTAL 12 -3/4 8 -3/4 20 EQUIPMENT Porta -Packs 5 5 3 Editing Systems 5 5 4 Studios 5 2 3 Production Van 1 1 3 FUTURE ACTIONS OF COMMISSION Some public access users object to Rogers' management of public access programming. In addition, there is evidence that Rogers wishes to abandon its public access commitments in the Southwest. Page 3 of 4 17 A& C� • /,/,/g SOUTHWEST SUBURBAN CABLE COMMISSION MEMORANDUM: CONTRACT FOR PUBLIC, EDUCATIONAL AND GOVERNMENTAL ACCESS FACILITIES and CONTRACT FOR PUBLIC, EDUCATIONAL AND GOVERMMENTAL ACCESS SERVICES Wednesday 10 April 1985 To respond to this concern, the Commission directed staff to hold a series of public meetings to collect information about other local programming organizations, plans and operations, and, to present for Commission review and approval: • a draft Request For Proposals (RFP) for access coordinator services; • a draft comprehensive plan for local programming activities in the Southwest; and, . a recommendation as to the structure of the Southwest local programming administrative entity -snot -for- profit corporation or another structure. PUBLIC COMMENT The Commission's Negotiating Committee directed staff to hold a public meeting to present the draft revised local programming commitments and to receive comments from the public. This meeting was held at Edina City Hall on 26 December 1984. These are suggestions made by participants of this public meeting: • Provisions must be made to allow for the hiring of additional staff should needs arise. One way to accomplish this is to create another trigger mechanism - -If a one week backlog for equipment use or maintenance develops and remains for one month, appropriate staff shall be added to alleviate the backlog. • All equipment presently dedicated to public access should remain so. This equipment should not be sold or disposed of without prior approval from the Commission. If such equipment is sold, the proceeds should be used to supplement the public access effort. Such proceeds should not be used to offset Rogers' contribution to local programming. If this equipment Is not liquidated, it should be maintained and made available to access users. • The hours of operation for the studios should be based upon use reports so that the studios are available to as many people as possible. • The Commission should explore contracting with entities, other than Rogers. to provide access coordinator services. • The Hennepin County television studio at the Hennepin County Library near Ridgedale in Minnetonka should be maintained as an access facility with an access coordinator assigned to this studio on an as- needed basis. Discussions with Library officials indicate that the Library will be increasing their use of the this studio, meaning less and less time will be available for public access use. Because a review of access facilities indicates a need for two studios, the Commission may wish to consider retaining three studios at this time - -those in Eden Prairie, Minnetonka and Edina. Page 4 of 4 4152C(18):TSE:041185 ORDINANCE NO. AN ORDINANCE AMENDING ORDINANCE NO. TO CHANGE THE NAME OF GRANTEE; TO EXTEND THE FRANCHISE TERM; TO CHANGE THE INSURANCE REQUIREMENTS; AND TO CHANGE THE COMPUTATION OF THE PURCHASE PRICE TO BE PAID BY CITY UPON EXPIRATION OF THE FRANCHISE. THE CITY OF ������cLq(� , MINNESOTA DOES ORDAIN: SECTION 1. That Article I, Section 2, Paragraphs J and S of said Ordinance be amended to read as follows: J. "Grantee" is Rogers Cablesystems of M.i.nnesota Limited Partnership, a Minnesota limited partnership, with Rogers Cablesystems of Minnesota, Inc., a Minnesota corporation, as the General Partnerr-- i- t- s- t- s--o-r- emp ±oyees:, S. "SWSCC" shall mean the. Southwest Suburban- AT-- s-txy- Cable Commission. SECTION 2. That Article II, Section 4 of said Ordinance be amended to read as follows: This Franchise shall commence upon acceptance by Grantee and shall expire on December 31, 1995. Provided, however, that if by December 31, 1987, Grantee (i) is able to close on, and have funded, without conditions, new long term financing, reasonably satisfactory to City, to replace the obligation evidenced by loan documents dated April 1, 1982, from Grantee to Toronto Dominion Bank of Toronto, Canada, in the original principal amount of Eighteen Million and No /100 Dollars ($18,000,000.00) (the "Existing Indebtedness "), and (ii) gives written notice of such new financing to City with written evidence thereof reasonably acceptable to City, then, upon the occurrence of (i) and (ii) by December 31, 1987, the term of this Franchise shall be extended by four (4) years, from December 31, 1995 to December 31, 1999, subject, however, to approval of such extension by the Board, if required, and the FCC, if required, and any other governmental body having jurisdiction over the matter, if required. If any such approvals are required, City and Grantee agree to cooperate in obtaining such approvals. any such approvals are required, and are not obtained, for any reason, then the four (4) year extension shall not become effective. If such extension becomes effective, Grantee and City shall sign and deliver an agreement evidencing such extension, but such extension shall be effective even without such additional agreement. _SECTION 3. That Article V, Section 2 of said Ordinance be amended by adding thereto a new Paragraph F as follows: • 4152C(18):TSE:041185 F. City, may waive, at any time and from time to time, for good ause shown, by Council resolution, compliance by Grantee with any r all of the requirements imposed on Grantee by this Section 2 elative to providinq service to anv extended area or areas. SECTION 4. That Article VIII, Section 2, Paragraph A, subparagraph (4) of said Ordinance be amended to read as follows: (4) Any and all claims which Grantee may now or hereafter have or claim to have against City, its officers, boards, commissions, servants, agents, employees or officials, due to or arising out of, damage to any of Grantee's property or equipment, including, without limitation, resulting or consequential loss of income, injury to reputation, or any other resulting or consequential damages of any kind,.caused by or resulting from acts or omissions of City or any of its officers, boards, commissions, servants, agents, employees or officials. SECTION 5. That Article VIII, Section 3, Paragraph A of said Ordinance be amended to read as follows: A. Grantee shall maintain liability insurance covering its obligations of indemnification provided for in, or as a result of the exercise of, this Franchise (except_, however, for the indemnifications in subparagraph (3) of .Article VIII, Section 2, Paragraph A of this Franchise) covering both the City and Grantee and shall maintain said insurance during the-term of this Franchise in the minimum of: 1. $500,000.00 for property damage to any one person; 2. $2,000,000.00 for property damage in any one act or occurrence; 3. $1,000,000.00 for personal injury to any one person; and 4. $2,000,000.00 for personal injury in any one act or occurrence. The foregoing insurance may be provided by means of a blanket ability insurance policy or policies with an annual aggregate mitation of not less than $26,000,000.00. SECTION 6. That Article VIII, Section 3, Paragraph E of said Ordinance be amended to read as follows: -2- 4152C(18):TSE:041185 E. All insurance policies maintained pursuant to this Franchise shall contain the following endorsements and provisions: (i) It is hereby understood and agreed that this insurance policy may not be cancelled nor the intention not to renew be stated until 60 days after receipt to City, by registered mail, of written notice of such intention to cancel or not to renew. ii A waiver of subrogation, in form and substance acceptable to City, as to any and all claims against the City which are waived hereunder by Grantee or as to which Grantee has agreed hereunder to indemnify and hold harmless the City and its officers, boards, commissioners, servants, officials, agents and employees. (iii) A provision that if the aggregate insurance coverage of the blanket policies provided by Grantee is ever reduced below $10,000,000.00, then notice of such fact shall promptly be given to City by Grantee or.Grantee's insurance agent and additional liability coverage shall immediately be purchased by Grantee so as to restore the annual aggregate to the minimum amount then required under this Franchise. SECTION 7. That Article XI, Section 2, Paragraph C of said Ordinance be amended to read as follows: C. The purchase price of the System to be paid by City upon revocation or termination of the Franchise shall be the cost less depreciation (as shown on the books and records of Grantee) or the fair market value, whichever is less, and goodwill shall not be included in the purchase price of the System. However, if this Franchise expires (and is not revoked or terminated) and if Grantee has complied with the requirements of Article II, Section 4 of this Franchise, and all required approvals are obtained, so that the Franchise term is extended for an additional four (4) years pursuant to said Section 4, then the purchase price of the System to be paid by City upon expiration of this Franchise shall be the fair market value of the System determined on the basis of the System valued as a going concern but with no value given or allocated to this Franchise itself. If the City and Grantee cannot agree on the purchase price, it shall be determined by arbitration pursuant to the provisions of this Section SECTION 8. This Ordinance will be effective in accordance with . the provisions of Article XIV of said Ordinances including delivery -3- 4152C(18):TSE:041185 _ Z2 lq � to City of the acceptance, opinion of legal counsel, guarantees and other documents as required by said Article XIV. SECTION 9. Subject to the provisions of Section 8 hereof, this Ordinance shall be in full force and effect upon adoption and publication. Passed and adopted this day of , 1985. City of , MINNESOTA By Its And Its -4- HERBST & THUE, LTD. 1� M E M O R A N D U M TO: Chairman Wayne Courtney Members of Southwest Suburban Cable Commission Ralph Campbell, Administrator FROM: Adrian E. Herbst, Attorney DATE: April 11, 1985 RE: Summary of Documents Delivered to Cities The purpose of this memorandum is to provide a brief background and explanation of the various documents being deli- vered to the Cities for review and action by them. Over the past several weeks the attorneys for the Member Cities have met to deal with the format of the various documents and to finalize the language that will be necessary for each Member City. A number of different documents are involved in taking action on the request of Rogers Cable Company to have the Cities in the Southwest suburban franchise provide the relief requested. The documents and a brief explanation are as follows: 1. Amendment Ordinance. This Ordinance will. permanently amend each franchise of each Member City if adopted by that City. The purpose of this Ordinance is to deal with matters that require permanent amendment. The name of the company has changed since the franchise was granted, as has the Southwest Commission. Therefore those defi- nitions will be dealt with. The Southwest Commission recommended that action be taken at this time to extend the term of the franchise as an incentive for Rogers to obtain the necessary refinancing. The refinancing or change in financing is thought to be by the financial consultant hired by the Commission the most important long term requirement to improve the cash flow situation of the cable company. This amendment includes safeguards to ensure that such an extension is not effective unless all of the appropriate legal requirements are followed including any requirements of the state cable board or the Federal Communications Commission: The last area of change relates to modification of certain provisions included in the existing franchises with regard to insurance. Subsequent to the granting of the initial franchise -1- • the cable company was unable to provide all of the insurance in complete conformance with the language existing in the franchise. It has been the position of several of the City Attorneys that the language with regard to insurance should conform to what can actually be provided by the cable company and that is what would be accomplished in this permanent amendment to the franchise. 2. The Relief Ordinance. The Relief Ordinance is intended to provide the authority for the relief requested by Rogers Cable Company. The Relief Ordinance does not permanently amend the existing franchise. The Relief Ordinance includes certain background and purpose information that will satisfy findings necessary to grant the requested relief.' The relief that is being provided includes a reduction in franchise fees that were payable during the past year and those that will become due and payable during the term of the Relief Ordinance. Basically, the reduction is from a five percent (5%) franchise fee to a three percent (30) franchise fee. The second item that is provided for by way of relief relates to a modification of the responsibility and financial support with regard to public, educational and governmental access. The local programming commitment of the cable company and its financial obligation to provide for that commitment is reduced. The cable company's obligation to provide local programming sup - port is in an amount up to one percent (1%) of its gross reve- nues. A similar obligation exists on the part of the Cities. The third area of change in the Relief Ordinance relates to the letters of credit and performance bonds. These are items that cost the cable company money to maintain. It has been recommended by the Commission that at least with regard to the per- formance bond that that expense. not be maintained by the company unless later determined that it is needed. The Relief Ordinance includes a number of provisions with regard to the automatic termination of the relief granted. The termination provisions are intended to provide an incentive for the company to obtain new financing and there is basically a thirty (30) month time period within which to obtain new financing otherwise the Relief Ordinance terminates. In no event will the Relief Ordinance extend beyond March 1, 1992, unless further approved. Further, the termination clause contains a cumulative gross revenue amount which if achieved earlier than that time could result in an earlier termination. This amount was recommended by the financial consultant hired by the Commission and is in accordance with his projections and studies regarding this cable system. 3. Performance Agreement. The Performance Agreement also 2- l q-�5 includes two separate contracts. Those are attached as exhibits. • The Performance Agreement is intended to deal with a number of concerns that the Commission had to grapple with in terms of the performance of the cable company on an ongoing basis. The problem of dealing with a request for relief is whether or not a similar request would be made next year or the.following year because the company did not turn around and deal with the problems that brought about the cause for the request for relief. The Performance Agreement includes specific monitoring of the cable company by way of ongoing reporting so that the Cities as well as the Commission can more effectively monitor the perfor- mance of the company and see whether or not it is meeting the necessary financial requirements to place itself in a better eco- nomic condition. In reviewing those matters, the City and Commission will have the benefit of the financial consultant's report which contains projections and information that will pro - vide benchmarks or guidelines. The Performance Agreement deals with the matter of the local programming and the two contracts attached will provide a detailed explanation as to the manner of performance and how the Cities, the Commission and the cable company will participate on an ongoing basis during the term of the Relief Ordinance to assure that, although the financial support has been reduced, the performance of the local programming obligation will be met and done in the best fashion possible. The Performance Agreement also contains a provision to establish a group to deal with the Institutional Network. An Institutional Network, although proposed by the cable company, has not yet been developed in the Southwest. In order to make this a reality, there needs to be participation in the community that will demonstrate a desire to, use it, to pay for its use and to make it happen. Whether or not the business community and the institutions will have a need, desire or willingness to support an institutional network is something that must be dealt with before further action can be taken on what to do with regard to the proposed institutional network. If, in fact, there is not a need for it or a desire to support it, the Cities as well as the Commission want to know that before deciding final action since . it may not make sense to impose the burden of paying for such a system on the cable company if that support does not exist. There is a provision in the Performance Agreement to deal with providing cable service in new areas that are developing. This was a matter of concern particularly to those communities that had many undeveloped areas. Further, the Performance Agreement provides that this responsibility shall not be reduced by any further cutbacks that the cable company might desire to make. Specifically, before the company would even propose such further cutback it would have to reduce first any management fees that the parent company receives from the system. -3- / q_,), & Lastly, the Performance Agreement provides for a business plan to be prepared by the cable company so that the Cities are not placed in the position of having to make its management deci- sions. However, the Cities would have the authority, under this Performance Agreement, to require a management efficiency study should that become necessary. In summary, the Performance Agreement is comprehensive but is intended to place the burden on the cable company of taking responsibility for its financial condition and doing something about it. AEH:pms -4- r�,-a� • ORDINANCE NO_ AN ORDINANCE RELATING TO CABLE TELEVISION SERVICE,.PROVIDING FOR MODIFICATION OF THE REQUIREMENTS OF THE CITY'S CABLE COMMUNICATIONS ORDINANCE THE CITY OF DOES ORDAIN: SECTION 1. SHORT TITLE. This ordinance shall be known as the "CATV Relief Ordinance." SECTION 2.' BACKGROUND AND PURPOSE. The City has granted a cable television franchise through the adoption of city ordinance code section% the Cable Communications Ordinancne (hereinafter called the "Franchise" ) . The cities of ,� `M ..,L` o. , u watkx .'A -6 and W� %\AAQr,, eo ( the "Other Cities" )have adopted similar ordinances; all with the same franchise Grantee. Through the Southwest Suburban Cable Commission ( "SWSCC "), a joint powers organization, the City and the Other Cities have undertaken to supervise Grantee's compliance with these ordinances. Since the adoption of the Franchise Grantee has constructed and is operating a cable communications system in City and the Other Cities. Grantee has approached the City indicating that it is experiencing serious financial difficulties and would be unable to pay the franchise fee due and payable on November 1, 1984. Grantee requested a temporary reduction of its Franchise obligations to allow for its financial recovery. City authorized the SWSCC to review Grantee's request and make recommendations for an appropriate response. SWSCC retained a financial consultant to assist in analyzing Grantee's financial condition, held several public meetings, and conducted a thorough review of Grantee's request. SWSCC determined that Grantee is experiencing serious financial difficulties caused by such adverse factors as higher than anticipated construction and operating costs, lower than projected market penetration, in- ability to obtain long -term financing at projected rates and other industry, economic and technological changes. SWSCC also concluded that Grantee cannot secure needed refinancing of its long -term debt, cannot continue to provide the present level of service and cannot become an economically viable enterprise unless the City grants a period of relief from some of the requirements of the Franchise. SWSCC recommends that the City grant temporary amendments to the Franchise, reducing the franchise fee payable now and in the future, eliminating the required performance bond, and modifying the provisions for local programming. In return, Grantee would execute a Performance Agreement pro- viding a means for monitoring Grantee's financial condition, assuring an adequate level of local programming, and providing for certain other matters related to Grantee's requested relief. The City has reviewed SWSCC's recommendations and has considered the option of requiring full payment of the past due franchise fee through use of Grantee's letter of credit, performance bond, and parent company performance guarantees. Grantee represents, however, that if the City and the Other Cities seek payment of past due franchise fees through resort to such securities, this would only make it more difficult for Grantee to solve its financial problems and would be counterproductive to any effort to provide relief to Grantee. In adopting this ordinance the City relies upon the-represen- tations of Grantee and seeks to provide a means by which the public can continue to receive approximately the same level of service while affording Grantee a reasonable opportunity for financial recovery. The ultimate purpose of this ordinance is to secure, at a later time during the Franchise term, the full public benefits provided for in the Franchise. SECTION 3. RELATIONSHIP TO CABLE COMUNICATIONS ORDINANCE. This ordinance does not permanently amend any provision of the Cable Communications Ordinance (the "Franchise ") but provides that certain provisions of that ordinance are modified for a period of time as provided in this Relief Ordinance. Except as expressly modified in this ordinance, the provisions of the Franchise remain in full force and effect. SECTION 4. DEFINITIONS. Subdivision 1. The definitions in the Franchise also apply to this ordinance. Subd. 2. In addition, the following words and phrases shall have the meanings given them: (1) "Existing Indebtedness" means an $18,000,000 loan made to Grantee by Toronto Dominion Bank of Toronto, Canada under loan documents dated April 1, 1982. -2- r (2) "Franchise means the Cable Communications Ordinance as now or hereafter amended. 40 (3) "Local Programming Obligations" means, for the purpose of this ordinance, Grantee's obligations under the Franchise and the Offering as defined in the Franchise for cablecast access, community access and local origination programming. (4) "Performance Agreement" means the contractual agreement to be entered into by Grantee, City and SWSCC providing a means for monitoring Grantee's financial condition, assuring an adequate level of local programming, and providing for certain other matters related to Grantee's requested relief. SECTION 5. RELIEF GRANTED. While this ordinance is in effect the obligations of Grantee are modified to the extent provided in this section. Subdivision 1. Franchise Fees - Percentage. Commencing with Grantee's fiscal year 1985 the annual franchise fee is reduced from 5% to 3% of Gross Revenues. Such annual fees shall be paid to the City in equal quarterly payments on or .before the first day of each of the months of November, February, May and August next following the end of Grantee's fiscal year. If this ordinance terminates during any of Grantee's fiscal years,10 the franchise fee shall be restored to the rate of 5% of Gross Revenues at the end of the calendar month in which termination occurs. The restored rate of 5% and the reduced rate of 3% shall be applied respectively to the Gross Revenues collected only in the months during which each rate was in effect. The fees accruing at the restored rate shall be paid in accordance with the terms of the Franchise. The fees accruing at the reduced . rate shall be paid in equal quarterly installments in accordance with the terms of this ordinance. Subd. 2 Past Due Franchise Fe/and The 1984 franchise fee in the amount of $ �� ?�� payon or before November 1, 1984 shall be deemed fully discharge paid if, but only if, Grantee pays the sum of � ), o the City,, in four equal payments on or before June 1, June 15, August 15 and October 15, 1985. Subd. 3. Letters of Credit. The City Council may by resolution reduce the required amount of the Letter of Credit below $50,000 if in its sole discretion it determines that a lesser amount is reasonable and adequate to protect the public interest. It may thereafter, by resolution, require the amount of the Letter of Credit to be increased or fully restored to the amount of $50,000. Grantee shall comply with this requirement -3- • / Y- J� within sixty days after written notice has been given by the City. Subd. 4. Performance Bond. The Grantee may dispense with the $300,000 performance bond required by the Franchise. The City Council may thereafter by resolution require that such bond, or a similar bond in a lesser amount, be provided by Grantee. Grantee shall comply with this requirement within sixty days after written notice has been given by the City. Subd. 5. Local Programming Obligations. Grantee shall expend at least 1% of its annual Gross Revenues each fiscal year in fulfilling its Local Programming Obligations under the Franchise for public, governmental, and educational access, but it shall not be obligated to expend more than that amount for such access. That amount shall not include any costs of operation or administration not directly related to the pro- vision of such access. This expenditure shall be in complete satisfaction of Grantee's total Local Programming Obligations during the period of this ordinance. SECTION 6. AUTOMATIC TERMINATION OF RELIEF ORDINANCE PROVISIONS. The provisions of this ordinance, and the relief herein granted, shall cease to be effective, automatically, upon the occurrence of the earliest of any of the following events: Subdivision 1. Failure of Grantee to complete refinancing its Existing Indebtedness by December 31, 1987 in accordance with Article II, Section 4 of the Franchise. Subd. 2. The end of the next month after Grantee has collected cumulative Gross Revenues in the amount of one hundred million dollars as measured from September 1, 1984. The determination of cumulative Gross Revenues shall be based upon audited financial statements for periods for which they are available and upon Grantee's operating reports for periods for which audited statements are not then available. Grantee shall provide the City with its financial statements and finan- cial operating reports promptly after they are prepared. Subd. 3. March 1, 1992. Subd. 4. Payment, discharge, or satisfaction of the Existing Indebtedness, except through refinancing as provided in Article II, Section 4 of the Franchise. Subd. 5. Payment, discharge, or satisfaction of the indebtedness arising from the refinancing provided in Article II, Section 4 of the Franchise. -4- r y 3-/ Subd. 6. Failure of the Grantee to restore or replace the full required amount of the Letter of Credit as provided in Article VIII, Section 4, paragraph H of the Franchise. Subd. 7. Failure of the Grantee to pay the fees as required in Section 5, Subd. 2 of this ordinance. Subd. 8. Failure of the Grantee to restore, replace or increase either a Letter of Credit or bond within sixty days of written notice by the City, as provided in Section 5, Subdivisions 3 and 4 of this ordinance. Subd. 9. A holding or determination by any court or agency that any term, condition or provision of this Relief Ordinance is invalid or unenforceable, as a result of any action taken by Grantee or anyone acting on Grantee's behalf seeking such determination. Subd. 10. Sale or transfer of all or substantially all of the System to a person or entity other than a parent, subsidiary, related corporation, affiliated corporation, partner or joint venturer of Grantee or any parent of Grantee. Subd. 11. Termination of the Franchise. SECTION 7. OTHER TERMINATIONS. This ordinance may also be terminated for cause, under the same procedures for termination as are contained in the Franchise, for the following reasons: Subdivision 1. All grounds for termination provided in the.Franchise, except to the extent that Grantee's performance obligations are modified in this ordinance. Subd. 2. The purchase by Grantee, its general partner, or any parent, subsidiary, affiliate or other related corporation of Grantee or its general partner, of a cable communications system or any part thereof or interest therein, located within the seven - county metropolitan area as defined in Minnesota Statutes, Section 473.121, Subd. 2. For this purpose the definition of a cable communications system shall be as that term is currently defined by the Board. Such a purchase shall not be grounds for termination of this ordinance, however, if Grantee demonstrates to the reason- able satisfaction of the City that the purchase (1) will not impair the operating cash flow or financial position of Grantee and (2) will involve independent financing of the purchase without resort to the assets of the System. • -5- ly -3a Subd. 3. Failure of the Grantee to comply with any of the provisions of the Performance Agreement. SECTION 8. REQUESTS FOR FURTHER RELIEF. No request by the Grantee for any further relief from the requirements of the Franchise, including a request for an extension of the term of this ordinance, shall be considered by the City unless that request is made in writing prior to September 1, 1990. The City shall have no obligation what- soever to consider or grant any such request, and any response to such request shall be at the sole discretion of the City. SECTION 9.. ACCEPTANCE OF THIS RELIEF ORDINANCE; PROVIDING OF GUARANTEES. This ordinance shall be effective in accordance with the provisions of Article XIV of the Franchise including delivery to the City of the acceptance, opinion of legal counsel, guarantees and other documents as required by said Article XIV; provided further, however, that it shall become effective only if all of the Other Cities adopt an ordinance similar to this ordinance within 90 days after adoption of this ordinance. Also, this ordinance shall not become effective until Grantee, City, 5WSCC and the Other Cities have executed and delivered the Performance Agreement and contractual documents attached thereto as exhibits. Passed by the City Council of the City of. Minnesota this day of 1985. ATTEST: City Clerk U-M City Mayor PERFORMANCE.. AGREEMENT l This Agreement is made this day of 1985, between ROGERS CABLESYSTEMS OF MINNESOTA LIMITED PARTNERSHIP ( "Grantee "), a Minnesota limited partnership, ROGERS U. S. CABLESYSTEMS, INC. ( "Parent "), a Delaware corporation, the CITY OF , MINNESOTA ( "City "), a municipal corporation and political subdivision of the State of Minnesota, and the SOUTHWEST SUBURBAN CABLE COMMISSION ( "SWSCC "), a joint powers organization created by the cities of Eden Prairie, Edina., Hopkins, Minnetonka, and Richfield, Minnesota ( "Member Cities "). Section 1. Background, The City has awarded to Grantee a cable communications franchise pursuant to the Cable Communications Ordinance ( "Franchise ") Due to serious financial difficulties, Grantee has requested relie• from.certain requirements of the Franchise. The City has granted such relief pursuant to Ordinance NO. ( "Relief Ordinance ") conditioned upon the execution and performance of this Agreement. The relief granted includes a reduction in the requirements for franchise fees, financial security and the level of local programming. By the terms of this Agreement, the City desires to provide a means for monitoring Grantee's financial condition, to assure an adequate level of local programming, and to provide for certain other matters relating to the requested relief. Section 2. Definitions. The words and phrases used in this Agreement shall have • l q -3 the meaning given to them in the Franchise and Relief Ordinance. Section 3. Term. This Agreement shall commence upon execution and shall cease upon termination of the Relief Ordinance. Section 4. Local Programming. 4.01. The parties agree to cooperate with one another to ensure that the level of local programming is maintained and the needs of users are met. The City reserves the right to determine the organizational structure for any responsibilities which it chooses to undertake, and Grantee shall fully cooperate with City or any designee of City. 4.02. The obligations and responsibilities of the Grantee with respect to public, educational, and governmental access faci- lities shall be accomplished according to the terms of a contract between Grantee and SWSCC. This contract shall be executed by -the two parties and be in the form attached as Exhibit A or similar form approved by SWSCC. 4.03. The Grantee's responsibilities for public, edu- cational, and governmental access personnel shall be established pursuant to a contract between Grantee and SWSCC. This contract shall be executed by the two parties and be in the form attached as Exhibit B or similar form approved by SWSCC. 4.04. After August 31, 1986, the City may choose to authorize SWSCC to contract for public, educational, and govern- mental access personnel with Grantee or contract with another - 2 - person or entity. Nothing herein shall be construed to require City contract w' y to G c with Grantee for such personnel after August 31, 1986. 4.05. During the term of this Agreement, the City shall pay to Grantee an amount equal to ( "Annual Fee ") in equal monthly installments payable in advance on the first day of each month to assist in the provision of local programming 4.06. Nothwithstandtng - p:azEagr- -mph 4.05 and unless the parties otherwise agree, the Annual Fee payable by Grantee shall, upon six (6) months prior written notice to City', be determined for each year after t3e-year ending August 31, 1985, based on the sum of the Annual Fee for the prior year plus the product of is (A) such Annual Fee times (B) a fraction, the numerator of which equals eighty percent (80 %) of the difference between (1) the Consumer Price Index for the quarter last published prior to the commencement of such year and (2) the Consumer Pr. ice Index, for the comparable quarter of the preceding year, and the denominator of which equals the Consumer Price Index for the comparable quarter of the preceding.;year;provided, however, that the Anhual Fee shall not increase in any year by more than ten percent (10 %) over the fee for the prior year. The Consumer - Prize Index used shall be the ConsumerPrice Index - All Urban Consumers for the Minneapolis- St.Paul Metropolitan Area (1967 = 100), published by the United States Bureau of Labor Statistics. If such index 0 3 - iy 1 -3G is at any time not published, then the City and Grantee shall select a reasonable substitute index. 4.07. Upon the termination of this Agreement the par- ties shall review in good faith any transition to be made in the organizational structure of local programming. The transition in the organizational structure may include but not be limited to local programming responsibilities reverting to Grantee, a continuation of the then existing organizational structure, or the continuation of the then existing organizational structure with additional support from Grantee. Section 5. Institutional Network. 5.01. The parties acknowledge that Grantee has not complied with provisions of the Franchise relating to the insti- tutional, network. Due to changes in the cable communications industry, community needs, and financial projections since the granting of the Franchise, the need for and economic viability of an institutional network must be re- examined. It is also recognized that institutional networks have not generally suc- ceeded without substantial public initiation. In light of these factors, and-in order for the City to make a final determination on the development of an institutional network, there is by this Agreement created the SOUTHWEST INSTITUTIONAL NETWORK GROUP ( "SWING "). 5.02. .S WING shall consist on nine (9) members, includ- ing a chairperson appointed by the SWSCC. Within sixty (60) days after the chairperson's appointment, Grantee shall appoint four - 4 (4) members. SWSCC shall first consult with the Member Cities ! before making these appointments. Grantee and SWSCC shall attempt to appoint qualified people with appropriate school, industrial, institutional, and /or financial experience. 5.03. The staff of Rogers and SWSCC shall staff SWING. 5.04. Within eighteen months from the date of this Agreement, a final report of SWING containing recommendations shall be provided to each party. The report shall include, but not be limited to, recommendations on whether or not construction should occur, time for construction, method of financing construe- t tion and any special institutional services suggested or having a clear, community need. During the time period for preparation of the report, the City will require Grantee to comply with the P Y Franchise provisions with respect to the institutional network. 5.05. In preparing its report and recommendations, SWING shall take into account the economic viability of such a network on a stand alone basis and the effect, if any, the construction of the network would have on the financial condition of Grantee and residential subscriber rates. 5.06. The City shall have no obligation to respond to the recommendations, and any response will be at the City's sole discretion. Section 6. Service to New Residential Developments. 6.01. City acknowledges that extensions of the System 0 to new residential developments before those residential develop- - 5 /y/ -39 ments are completed leads to frequent damage to the System. This damage to the System results in increased construction costs passed on to subscribers, the interruption of service to many subscribers, and increased maintenance expenses. 6.02. In recognition of these costs and disruptions, Grantee and City agree that the System need not be extended to new residential developments until those developments are suffi- ciently complete to minimize the above described problems as reasonably determined by Grantee. 6.03. Notwithstanding anything to the contrary, City may require Grantee to extend the System to any new residential development in accordance with the terms and conditions of the Franchise as amended, and Grantee shall bear the burden of estab- lishing, to the satisfaction of the City that the additional costs and disruptions to the System described above necessitates a delay. 6.04. Except as provided for above, Grantee shall not delay construction of any part of the System until such time as Grantee and Parent first reduce the Parent's management fee in an amount approved by the City. The portions of the System to be delayed shall also be approved by the City. Section 7. Reports and Reviews. 7.01. Organization Efficiency.Study. At any time during the term of this Agreement, or if at any time during the term of this Agreement Grantee seeks further modifications to the 6 - Franchise, the City may require Grantee to contract for a detailed analysis of Grantee's operating efficiencies with an independent consulting irm expert g xp t in that field and not objected to by the City. A. The contract shall be in an amount negotiated by Grantee and shall clearly describe a study and will examine fully and completely any wastes, duplication or other operating ineffi- ciencies. A copy of the final contract between :Grantee and the independent consulting firm shall be provided to_the.City. B. The City reserves the right to participate in over- sight of the study, to receive copies of reports and communica- tions between consultant and Grantee, to make recommendations on the manner or means of the study to ensure a quality report, and to receive reports as to the status and progress of the study. C. If the study is requested by the City, Grantee shal* bear fifty percent (50 %) of the cost of the study. If the study is required due to actions of Grantee, Grantee shall pay for the entire cost of the study. D. The study shall be completed within six (6) months from the date it is required and a copy of the final report shall be furnished to the City. At that time, Grantee agrees to enter into good faith negotiations with the City concerning proposed changes based on the study recommendations, if the City deter- mines that it is in the best interests of the City to do so. E. The City agrees that if it determines that the report includes trade secret information of Grantee, as defined in the Minnesota Government Data Practices Act, Minn. Stat. - 0 I . lq-�� §13.37, subd. 1(b), those portions of the report shall be classi- fied as nonpublic data. 7.02. Monthly Reports. Grantee shall provide to the City copies of its monthly reports provided to the Parent concern- ing subscriber statistics, when and if such reports are prepared. 7.03. Quarterly Financial Statements. Grantee shall provide unaudited quarterly financial statements to the City. a. Upon request of the City, Grantee shall meet the City to review the quarterly financial statements and Grantee's progress towards economic viability. B Upon request of the'City, Grantee shall supplement the quarterly financial statements within a written report summariz- ing Grantee's activities for the quarter and addressing any specific questions raised by the City. 7.04. Semi- Annual Reports. Grantee shall provide the City with written progress reports every six (6) months concern- ing -the refinancing of the System referenced in Article II, Sec- tion.4 of the Franchise as amended. These reports shall include, without limitation, written confirmation from the principal financial institution or institutions that such negotiations are taking place and establishing to the reasonable satisfaction of the City that progress towards the refinancing is taking place. 8 - q 7.05. Annual Report. Grantee shall submit an annual report in a form provided to it by City within one hundred and twenty (120) days after the close of Grantee's fiscal year. City shall provide Grantee with this form six (6) months prior to the end of Grantee's fiscal year and it shall contain a description of the information reasonably required to inform City of Grantee's progress toward economic viability. The information to be provided shall include at a minimum: A. Subscriber statistics for the year; B. A financial statement; C: Changes in management; D. Changes in ownership; E. Marketing activities; F. Evidence of the need for continued relief; G. Progress in procuring new financing, if applicable; H. Subscriber and revenue projections for the next fiscal year. The annual report shall be in addition to all other required reports and is intended to help City determine Grantee's com- pliance with the terms and conditions of-this Agreement, the Franchise and Relief Ordinance, and progress towards economic viability. In assessing Grantee's financial progress, the City may consider the financial projections in the Touche Ross report dated 7.06. Business Plan. No later than thirty (30) days prior to the commencement of each:-of its fiscal years, Grantee shall submit to the City a business plan and any supporting docu- mentation requested by the City for the upcoming fiscal year. 9 - lq,p, The business plan shall outline the methods by which Grantee intends to resolve cash shortage and other financial problems. A. The City shall review the plan to assure compliance with requirements of the Franchise, Relief Ordinance, and this Agreement. The City shall have thirty (30) days after receipt of the business plan in which to notify Grantee, in writing of any objection(s) to that plan and the basis of that objection. B. No further reductions shall be made to the letter of credit, franchise fee, line extensions, institutional network, local programming, or the mix, quality or level of services offered by Grantee without advance written approval of the City. C. If City does not notify Grantee of an objection within the time described in paragraph A above, Grantee may proceed to implement the business plan. D. If the City notifies Grantee of an objection within the time described in paragraph A above, the City and Grantee shall meet in good faith to resolve the objection and the business plan shall not be implemented by the Grantee until the objection(s) is resolved to the satisfaction of the parties. 7.07. Additional Reports. Grantee shall prepare and furnish to the City, at the times and in the form prescribed by the City, such additional reports with respect to its operations, - affairs, transactions, or property which City deems necessary. Where possible the City shall utilize reports that have been already prepared by Grantee. - 10 - ll 7.08. Form of Reports. All reports required of Grante shall be prepared as follows: A. All financial statements or other financial reports shall be prepared in accordance with generally accepted account- ing principles and certified by Grantee's chief financial officer. B. All other reports shall be signed and verified by at least one (1) officer authorized to sign on behalf of Grantee and acknowledged before a notary public. 7.09. Annual Review. Within sixty (60) days of receipt of the annual report, the City shall conduct an annual review of Grantee's performance. A. Grantee shall, as apart of such annual review, establish to the satisfaction of the City that the terms of the Relief Ordinance should continue by demonstrat'itbthat the events causing termination of the Relief Ordinance have not occurred. Grantee shall respond to other questions and requests from the .City at the time of the annual review concerning Grantee and its financial condition. B. Upon a written determination by the City that Grantee has failed to meet the showing required above, the City may require Grantee to enter into good faith negotiations to modify or terminate the Relief Ordinance. C. In the event Grantee fails to negotiate in good faith, the City may terminate the Relief Ordinance. - 11 0 /y -ye-/ 7.10. Annual Subscriber Survey. A. No later than June 1 of each year, Grantee shall conduct a survey of its subscribers concerning satisfaction with the programming offered by Grantee and satisfaction with the overall quality of service provided by Grantee. The manner and form of the survey and any questionnaires shall be approved by the City and designed to provide statistically reliable infor- mation. B. At least thirty (30) days prior to the survey being conducted, Grantee shall contact the City concerning any specific information which the City would like to ascertain through the survey. Grantee will make a good faith effort to incorporate any requests from the City into the survey. C. The results of the survey shall be discussed with the City at the next meeting scheduled to discuss quarterly financial statements. The City shall have the right to inspect and review subscriber - returned surveys. Section 8. Cost Reimbursement. On or before June 1, 1985, Grantee agrees to reimburse the SWSCC and its Member Cities for their costs and expenses incurred in responding to Grantee's request for relief, including but not limited to attorneys' fees, consultant fees, and costs of publication. This obligation shall not exceed a total amount of $60,000.00. Section 9. Cooperation Between Parties. The city and Grantee shall meet regularly or at the request of any party during the term of this Agreement to continue evaluation of solutions to financial and other - 12 - /4-/ , y s related problems of the System. Grantee recognizes that although these discussions will continue, the City specifically reserves the right to explore the option of securing and using public financing to acquire, own and operate the System, or contract for operation, if Grantee is unable to secure the refinancing of its long -term debt. Section 10. Good Faith. Grantee represents and warrants that it-has sought the relief provided in this Agreement and the Relief Ordinance in good faith and that it will not in any way, either directly or indirectly, use the relief provided in this Agreement and the Relief Ordinance to facilitate a sale or transfer of the System. Section 11. Franchise Fee Validity. Grantee agrees that the temporary reduction of the franchise fee provided in the Relief Ordinance in no way affects the validity of the franchise fee established in the Franchise. Grantee further agrees that it will in no way challenge -the validity of the franchise fee established in the Franchise when that fee is restored upon termination of the Relief Ordinance. 11.02. Grantee represents and warrants that the rates now in force and effect and those rates to be in force and effect in the future include all costs of a five percent (S %) franchise fee. Section 12. Breach. .Any breach of this Agreement by Grantee shall consti- tute cause for termination of the Relief Ordinance. - 13 - Section 13. Miscellaneous Provisions. Iq . _�qb 13.01. No Recourse Against City. Grantee shall have no recourse whatsoever against City and its elected officials, agents, employees or commissions for any loss, costs, expense or damage arising out of any provision or requirement of this Agree- ment or Relief Ordinance or because of the enforcement of this Agreement or Relief Ordinance. 13.02. Indemnification. Grantee shall indemnify and forever holdharmless City, its respective agents, elected offi- cials, employees, and commissions, from and against any and all liabilities, claims, losses, damages, costs and expenses (incfud- ing without limitation, reasonable attorneys' fees) arising out of the breach or performance by Grantee of any provision of this Agreement or the Relief Ordinance. Nothing herein shall affect the duty or obligation of Grantee to indemnify City and maintain adequate liability insurance pursuant to the terms and conditions of the Franchise. 13.03. Severability. If any term, condition, or pro- vision of this Agreement or Relief Ordinance or the application thereof to any person or circumstance shall, to any extent, be held to be invalid or unenforceable, this Agreement shall be null and void. 13.04. Complete Agreement. This Agreement constitutes the entire agreement and understanding between the parties and no oral modification-or additions shall be binding. No verbal or written statementof the parties shall be considered a - 14 - /y -N7 modification of this Agreement except by a written document signed b s1g y the parties expressly stating that it is modifying the Agreement and setting forth the new conditions or provisions of the Agreement. 13.05. Governing Law. This Agreement shall be inter- preted in accordance with the laws of the State of Minnesota. 13.06. Captions. The Captions to Sections throughout this Agreement are intended solely to facilitate reading and reference to the Sections and provisions of this Agreement. Such Captions shall not affect the meaning or interpretation of this Agreement. 13.07. Interpretation. In the event of any dispute or question as to the meaning, interpretation or application of any term, provision or condition of this Agreement or Relief Ordinance, the City, in its sole discretion, shall resolve such dispute or questions. 13.08. Other Laws. This Agreement is subject to federal, state and local laws and rules and to the requirements of the Federal Communications Commission and the Minnesota Cable Communications Board. 13.09. Notices. All notices, reports or demands required to be given in writing under this Agreement shall be deemed to be given when personally delivered to any officer of Grantee or Parent or City's Administrator of the Franchise or 48 hours after it is deposited in the United States mail in a sealed envelope, with registered or certified mail postage prepaid thereon , addressed to the party to which notice is being given, as follows: _ 15 - l`f -y8 If to Grantee: If to Parent: If to SWSCC If to City: -This Agreement is accepted, and we agree to be bound by all its terms and conditions. CITY OF By Its By Its: - 16 - STATE OF MINNESOTA) ) SS. COUNTY OF HENNEPIN) • The foregoing was subscribed and sworn to before me this -day of 19 by and the an of ,a under the laws `o on behalf-of the Notary Public SOUTHWEST SUBURBAN CABLE COMMISSION By Its By Its: STATE OF MINNESOTA) ) ss. COUNTY OF HENNEPIN) The foregoing was subscribed and sworn to before me this day of 19 , by and the an of a un er the laws , o , on behalf of the Notary Publi s ROGERS CABLESYSTEMS OF MINNESOTA LIMITED PARTNERSHIP a Minnesota Limited Partnership By: ROGERS U. S. CABLESYSTEMS, INC The General Partner By Its: - 17 - STATE OF MINNESOTA) ) ss. COUNTY OF HENNEPIN) / � , -5'6 The foregoing instrument was subscribed and sworn to before me this day of 19 , by , the ot Rogers U. S. Ca esystems,' nc., a Delaware cororation, the General Partner of Rogers Cablesystems of Minne- sota, Limited Partnership, a Minnesota Limited Partnership, and on behalf of said limited partnership. Notary Public ROGERS U. S. CABLESYSTEMS, INC. a Delaware Corporation By Its. STATE OF MINNESOTA) ) ss. COUNTY OF HENNEPIN) The foregoing instrument was subscribed and sworn to before me this day of , 19 , by the -of Rogers U. S. Cablesystem's, Inc., a Delaware corporation, and who acknowledged he was the of the said corporation and authorized to sign this Agreement on behalf of the General Partner of Rogers -Cablesystems of said corporation. Notary PuSlic EXHIBIT A CONTRACT FOR LOCAL PROGRAMMING FACILITIES THIS - AGREEMENT is made and entered into this day of 1985, by and between the SOUTHWEST SUBURBAN CABLE COMMISSION (hereinafter Commission) and ROGERS CABLESYSTEMS OF MINNESOTA LIMITED PARTNERSHIP (hereinafter Company), a Minnesota limited partnership. W I T N E S S E T H WHEREAS, Company.pursuant to Chapter 238 of the Minnesota Statutes and pursuant to the Cable Communications Ordinance of member cities has been granted a franchise to construct, own and operate a cable communications system in the cable service terri- tory; and WHEREAS, residents of the cable service territory will bene- fit from valuable public access opportunities available through the cable communications system of Company; and IN CONSIDERATION of the covenants, conditions, undertakings and promises contained herein the parties agree as follows: SECTION I DEFINITIONS For the purposes of this Agreement, the following terms, phrases, words and their derivations shall have the meaning given herein. When not inconsistent with the context, words used in the present tense include the future, words in the plural number -1- include the singular number. The words "shall" and "will" are mandatory and "may" is permissive. Words not defined shall be given their common and ordinary meaning. 1.01 Access shall mean the right or privilege of the general public, local educational authorities, and local government to use designated facilities, equipment or channels of the Company. 1.02 Cablecast shall mean programming in a video, audio or data format transmitted through the cable communications system to users and subscribers. 1.03 Cable Communications System or System shall mean the cable communications system to be owned, constructed, installed, operated and maintained within the..franchise area for the provi- sion of broadband telecommunications services. 1.04 Channel or Television Channel shall mean a six megahertz (6 MHz) frequency band, including adjacent vertical blanking interval, which is capable of carrying one standard video signal, a number of audio, digital or other non -video signals, or some combination of such signals. 1.05 Franchise Area shall mean the cities of Edina, Eden Prairie, Hopkins, Minnetonka and Richfield, Minnesota together with any future annexations or lawful expansions. 1.06 Programming shall mean any video, audio, text on data signal carried over the system. 1.07 Subscriber Network shall mean a single trunk 440 MHz cable activated with 54 downstream channels and 4 return or -2- upstream channels. q, 5-3 • 1.08 User shall mean any person who utilizes the System studio or facilities, whether for a charge or without charge. SECTION TWO STUDIOS 2.01 Location. Company shall make available for access the following premises and facilities, further identified on the floor plans which is attached as Exhibit 1, attached hereto and made a part hereof, for access use subject to the limitations set forth herein. 2.02 Initial Condition of Premises. Commission acknowledges that it has examined the above- described premises and that said premises are now in good and satisfactory condition. Company represents that it is aware of no substantial defect in the pre - mises which was not reasonably observable by Commission and that Company is aware of no condition, restriction or limitation that would interfere with the use of said premises for public access studios. 2.03 Hours of Availability. The studios described above shall be available for access use from 8:00 a.m. until midnight, seven days per week, except legal holidays as defined at Minn. Stat. 9645.44 subd. 5, as it may from time to time be amended. Company shall provide all Users unimpeded entry and exit to and from the studios during all hours of studio availability. 2.04 Alterations and Improvements. -3- P_J • /V_sy A. Company shall make no material alterations or improvements in the studios without the advance written consent of Commission. Results of such improvements or alterations shall not interfere with the use of said premises for access purposes. Such altera- tions and improvements shall be made in a good and workmanlike manner and incompliance with all laws and regulations of any governmental agency having jurisdiction over said premises. B. Nothing herein shall prohibit the parties from mutually agreeing to alterations and improvements at a future date and the sharing of necessary and reasonable costs in an equitable manner. 2.05 Maintenance and Repair. A. The •Company shall have the responsibility to ensure that the studios are maintained and kept in good repair and order. 1. All maintenance, repairs and replacement shall be made promptly and in good and workmanlike manner and so that the defective portions of said premises are put in good and satisfactory condition. B. In the event Commission determines, in its sole discre- tion, that the condition of said premises represent a threat to the safety and welfare of Users or that the condition of said premises is unsuitable for access Users due the need for repair or maintenance, Commission may undertake such repairs or main- tenance provided that Company shall first be given ten (10) busi- ness days advance notice and the opportunity to undertake such -4- repairs or maintenance. The time for Company to undertake such repairs or maintenance may be extended by Commission. 1. If, pursuant to paragraph B above, Commission repairs or maintains the premises, Commission may charge Company for Commission costs in undertaking such repairs or maintenance including reasonable overhead. 2. If, pursuant to paragraph 1 above, Commission repairs or maintains the premises such action shall be docu- mented within thirty (30) days and invoices shall be sub- mitted to Company at such time. Payment shall be due upon receipt of such invoices. 2.06 Hazard Insurance. Company shall, at all times during the term of this Agreement procure.and maintain at Company's expense fire insurance with an extended coverage endorsement, insuring the improvements located on the premises to the full extent of the insurable value thereof. SECTION THREE EQUIPMENT 3.01 Access Equipment. Company shall, at a minimum, locate the equipment set forth in Exhibit 2, attached hereto and made a part hereof, at the designated studio for access use. Commission shall not acquire any title or interest in the equipment, either legal or equitable, except as expressly granted herein. A. The equipment set forth in Exhibit 2 shall at all times be the sole and exclusive property of Company. Commission shall • -5- N_S� have no rights or property interest in the equipment except for the right to use the equipment in the normal operation of access. B. Company shall keep the equipment at all times free and clear from all claims, levies, liens, encumbrances and process except where necessary for refinancing pursuant to the Relief Ordinance of member cities. Company shall give Commission imme- diate written notice of any such attachment or other judicial process affecting any article of equipment. C. Company shall not pledge, lend or create a security interest -in or sublet the equipment or any part thereof or attempt in any manner to dispose thereof or remove the equipment, or any part thereof, from the designated studios without Commission prior written consent, except where necessary for refinancing pursuant to the Relief Ordinance of member cities. D. Company shall display notice of Company's ownership on each article of equipment by means of a suitable stencil, label or plaque affixed thereto. 3.02 Transportation and Installation. Company shall be responsible for the costs of transportation of the equipment to the designated studios and for the costs of installation of the equipment. All equipment set forth in Exhibit 2 shall be installed or otherwise located at the studio site(s) within sixty (60) days of the execution of this Agreement unless the time is extended by the Commission. 3.03 Commission Inspection of Equipment. Commission shall UM inspect the equipment within thirty (30) days of the installation of the equipment as set forth in Section 3.02 hereof. Unless Commission within such period of time gives written notice to Company specifying any defect in or other objection to the equip- meat, Commission agrees that it shall be presumed that Commission has fully inspected and acknowledged that the equipment is in good condition and repair, and that Commission is satisfied with and has accepted the equipment in good condition and repair. 3.04 Repair of Equipment. A. Company shall maintain all equipment in good operating condition and repair and shall repair, fix, replace or adjust such equipment promptly. B. In the event Commission determines, in its sole discre- tion, that any item of equipment set forth in Exhibit 2 is not in good operating condition and repair, Commission may repair, fix, replace or adjust such equipment provided that Company shall be given five (5) business days advance notice and the opportunity to repair, fix, replace and adjust such equipment. The time for Company to repair, fix, replace and adjust such equipment may be extended by Commission. C. If, pursuant to paragraph B above, Commission repairs, fixes, replaces or adjusts any item of equipment, Commission shall have such work done by a vendor, approved in advance by Company in accordance with paragraph F below charge Company for Commission costs in repairing, fixing, replacing or adjusting -7- y- s8 said equipment including reasonable overhead and the cost of any special items needed to maintain or repair the equipment. D. If, pursuant to paragraph C above, Commission repairs, fixes, replaces or adjusts any item of equipment such action shall be documented within thirty ( 30 ) days and paid invoices shall be submitted to Company at such time. Payment shall be due upon receipt of such invoices. E. Company shall keep maintenance records and logs of all production equipment on standard forms indicating the nature of any repairs and /or maintenance and the date of same. Such records shall be retained for the term of this Agreement and shall be available for inspection by Commission during regular business hours upon forty -eight (48) hours advance notice. F. During the term of this Agreement, Company shall main- tain on file with Commission a list of at least one firm, busi- ness or institution located within the seven- county metropolitan area as defined in Minnesota Statutes, Section 473.121, Subd. 2., acceptable to Company, for the repair of equipment as described in this Section 3.04. 3.05 Location of Equipment. The equipment shall be installed, maintained and stored at locations as set forth in Exhibit 1. Company shall maintain sufficient records so as to all times keep Commission informed as to the location of all equipment. 3.06 Insurance of Equipment. Company shall maintain such insurance as may be required by federal, state or local law. ry -59 B. All insurance policies maintained pursuant to this Agreement shall contain the following endorsement. • It is hereby understood and agreed that this insurance policy may not be cancelled nor the intention not to renew be stated until 60 days after receipt Commission, by registered mail, of written notice of such intention to can- cel or not to renew. SECTION FOUR CHANNELS AND PROGRAMMING 4.01 Subscriber Network. A. Company shall make available during the term of this Agreement all access channels as set forth in the Offering, including but not limited to: Channel 3 - Educational Access Channel 6 - Regional Interconnect Channel 7 - Public Access Channel 8 - Educational Access Channel 10 - Leased Access Channel 12 - Municipal Access B. No charges may be made for channel time, playback of prerecorded programming or live studio presentations. However, under certain circumstances, as set forth in the ACCESS RULES, charges for production costs may be assessed according to the provisions of the ACCESS RULES. C. Channel capacity, in addition to that set forth in paragraph. (a) above, shall be made available in accordance with federal, state,-and local law. 4.02 Access Rules. Within sixty (60) days of execution of -9- • lq-6b this Agreement, Commission and Company shall each appoint one representative to jointly develop access rules subject to the following: A. Within forty -five (45) days of appointment, the two representatives shall present proposed access rules to Commission and Company. B. Unless either Commission or Company object to the pro- posed access rules within thirty (30) days of receipt, the rules shall be deemed adopted. C. In the event either Commission or Company object to the studio operational rules, the objecting party shall give written notice of the objection. Upon receipt of notice by one party the representatives appointed pursuant to this Section shall meet and negotiate the objection(s) and repeat the above - described process until such time as the access rules are adopted. D. The access rules shall address, at a minimum, the following: 1. Eligibility Requirements. 2. Procedures for Use of Studio. 3. Guidelines for Use of Studio. 4. Training. The access rules are incorporated herein by reference and made a part of this Agreement. 4.03 Programming. Company shall be fully responsible for administering the programming of access channels and all deci- -10- sions g n re ardi such programming shall be at the sole discretion • g of Company until Commission determines otherwise. SECTION FIVE TERM AND TERMINATION 5.01 Term. This Agreement shall commence upon execution and shall terminate on August 31, 1986, and shall be extended for successive two (2) year periods after the initial term, unless Commission notifies Company within two (2) months of the term or extension then in efect of the Commission's intention not to extend the term beyond the end of the term or extension then in effect. In the event that Commission does not wish to extend the term or extension then in effect and notice is given as required above, this Agreement shall terminate at the end of such term or extension. 5.02 Termination. Commission may terminate this Agreement in accordance with the Default Proceedings set forth in Section 6.05 of this Agreement in the event Company has breached any of its obligations hereunder. The right of Commission to terminate this Agreement in any such case shall be in addition to any other remedies it may have and any other specific provision of this Agreement. Notwithstanding anything to the contrary, this Agreement shall terminate in the event the franchise granted to Company shall be revoked, terminated, cancelled or not renewed or upon the foreclosure or other judicial sale of all or a part of System. -11- • /y,62_� SECTION SIX PERSONNEL 6.01 Technical Employees. Company shall employ sufficient staff including, but not limited to, one (1) part -time Regional Video Technical Supervisor and one (1) full -time Video Technician who shall maintain and repair studios and equipment as specified herein. 6.02 Playback Employees. Company shall employ sufficient staff including, but not limited to, one (1) full -time and one (1) part -time Playback Operator who shall be responsible for, but not. limited to, the codification and implementation of all access schedules.. 6.03 Severability. A. If any law, ordinance or regulation shall require or permit any party to this Agreement to perform any service or shall prohibit any party from performing any service which may be in conflict with the terms of this Agreement, then as soon as possible following knowledge thereof, said party shall give notice to the other party of the point of conflict believed to exist between such law, ordinance or regulation. B. If any Section, sentence, paragraph, term or provision of this Agreement is determined to be illegal, invalid, or unconstitutional by any court of competent jurisdiction or by any state or federal regulatory agency having jurisdiction thereof, such determination shall have no effect on the validity of any -12- f --63 other Section, sentence, paragraph, term or provision hereof. C. In the event such decision, law, rule or regulation is subsequently reversed, repealed, rescinded, amended or otherwise changed, so that the Section, sentence, paragraph, term or provi- sion hereof which had been invalid or modified is no longer in conflict with the decisions, law, rules and regulations then in effect, said Section, sentence, paragraph, term or provision shall thereupon return to full force and effect and shall thereafter be binding on all parties, provided that the party relying on the Section, sentence, paragraph, term or provision shall give the other party or parties thirty (30) days written notice of such change before requiring compliance with said pro- vision. 0 5.04 Liquidated Damages. Upon the breach of any term, con- dition, or provision of this Agreement, the Company shall pay to Commission the sum of two hundred dollars ($200.00) per day for each-and every day of the breach as a liquidated damage pursuant to the Default Proceedings set forth in Section 6.05 of this Agreement. The parties hereby agree that the services to be per- formed under this Agreement are in the public interest and will further the development of the System within the Franchise Area and that the continuation of the relationship established by this Agreement is mutually beneficial. Consequently, the parties acknowledge that damage due to a breach of this Agreement will be difficult to determine and that the liquidated damages set forth • -13- ly_�al above is fair and reasonable and will not be contested. 6.05 Default Proceedings. In the event Company has breached any of its obligations hereunder the Commission shall give writ- ten notice of the default to Company and the Commission's inten- tion to terminate this Agreement or impose liquidated damages, whichever the Commission deems appropriate. A. Company shall have thirty (30 ) days after the giving of such notice (or if such default is of such a character as to require more than 30 days within which to cure the same, and Company fails to commence to cure the same within said 30 day period and thereafter fails to use reasonable diligence, in Commission's sole opinion, to cure..such default as soon as possible) within which to cure such default. In the event Company fails to cure such default, as described above, Commission may terminate this Agreement or impose liquidated damages, whichever the case may be. B. Company may, within ten (10) days of notice, notify Commission that there is a dispute as to whether a default has, in fact, occurred. Such notice by Company to Commission shall specify with particularity the matters disputed by Company. Such notice shall stay the running of the above described thirty (30) day period. C. Commission shall hear Company's dispute at the next regularly scheduled Commission meeting. Commission shall supple- merit its decision with written findings of fact. -14- D. If after hearing the dispute the Commission finds that there is a default, Company shall have twenty (20) days from such a determination to cure the default. At any time after that twenty (20) day period, Commission may terminate this Agreement or impose liquidated damages, whichever the case may be. 6.06 Captions. The Captions to Sections throughout this Agreement are intended solely to facilitate reading and reference to the Sections and provisions of this Agreement. Such captions shall not affect the meaning or interpretation of this Agreement. 6.07 Interpretation. This Agreement has been arrived at by negotiation and shall not be construed against any party. 6.08 Governing Law. This Agreement shall. be interpreted in accordance with Minnesota law. 6.09 Other Laws. This Agreement shall be subject to all applicable federal, state and local laws., 6.10 Notices. Any notice required to be given or served upon any party in connection with this Agreement shall be in writing and shall be deemed to have been given and received, (1) three business days after a registered or certified letter containing the notice, properly addressed, with postage prepaid, is depo- sited in the United States mail; or (2) if made in any other manner, upon actual delivery to and receipt by the party to whom it is addressed. Notice shall be given to the parties at the following addresses: Company -15- 17_'� ly -G6 Commission 6.11 Entire Agreement. This Agreement constitutes the entire agreement and understanding between the parties and no oral modi- fications or additions hereto shall be binding. No verbal or written statements of the parties shall be considered a modifica- tion of this Agreement except by a written document signed by all parties expressly stating that it is modifying the Agreement and setting forth the new condition or provision of the Agreement. 6.12 No Joint Venture. Nothing in this Agreement shall create a joint venture or principal - agent relationship between the parties and no party is authorized to (and no party shall) act toward third parties or the public in any manner which would indicate any such relationship with the other. 6.13 Nonenforcement. The failure of any party to strictly enforce any provisions of this Agreement shall not be construed as a waiver or as excusing that party from future performance. 6.14 Attorneys Fees. If it is necessary for Commission to retain the services of an attorney of law to enforce any of the terms, covenants. or provisions hereof or to collect any sums due hereunder, Company shall pay to the other party the actual cost of such services. 6.15 Indemnification. Company shall indemnify and forever hold harmless Commission and member cities and their respective affiliates, officers, directors, employees and agents from and -16- L against any and all liabilities, losses, or damages, costs and expenses ( including reasonable counsel fees) arising out of any breach of any obligation or any requirement hereunder which gives rise to any claim by any person or entity; provided that in any case in which indemnification is sought, Commission shall (i) promptly notify Company, and (ii) afford Company the opportunity of defending such claim and controlling the litigation, settle- ment and other disposition of such claim, and (iii) Commission shall fully cooperate in connection with such defense, litiga- tion, settlement or disposition and shall have the right, but not the obligation, to join in and be represented by its own counsel, at its own cost and expense. • -17- F� lq,- L'OO EXHIBIT B CONTRACT FOR PUBLIC, EDUCATIONAL AND GOVERNMENT ACCESS SERVICES THIS AGREEMENT, is made and entered into this day of 1985, by and between SOUTHWEST SUBURBAN CABLE COMMISSION (hereinafter Commission) and ROGERS CABLESYSTEMS OF MINNESOTA LIMITED PARTNERSHIP (hereinafter Company), a Minnesota limited partnership. W I T N E S S E T H WHEREAS, Company pursuant to Chapter 238 of the Minnesota Statutes and pursuant to the Cable Communications Ordinance of member cities has been granted a franchise to construct, own and operate a cable communications system in the cable service terri- tory; and WHEREAS, residents of the cable service territory will bene- fit from valuable public access opportunities available through the cable communications system of Company; and IN CONSIDERATION of the covenants, conditions, undertakings and promises contained herein the parties agree as follows: SECTION I DEFINITIONS For the purposes of this Agreement, the following terms, phrases, words and their derivations shall have the meaning given herein. When not inconsistent with the context, words used in the present tense include the future, words in the plural number -1- /y -4:509 include the singular number. The words "shall" and "will" are mandatory and "may" is permissive. Words not defined shall be • given their common and ordinary meaning. 1.01 Access shall mean the right or privilege of the general public, local educational authorities, and local government to use designated facilities, equipment or channels of the Company. 1.02 Playback Operator shall mean that employee of Company whose responsibilities shall include, but not be limited to, the codification and implementation of all access schedules. SECTION II PERSONNEL 2.01 Programming Manager. A. Company shall employ one (1) part -time Programming Manager who shall be responsible for the administration, promotion and implementation of public access in the Franchise Area. B. The Programming Manager, or designee, shall be respon- sible for scheduling all public access programming, use of mobile van and studios on a non - discriminatory, first -come, first- served basis. The Programming Manager, or designee, in conjunction with a Playback Operator, shall endeavor to schedule programming with a view to overall program consistency to maximize audience poten- tial by seeking to develop an overall regular program format. Playback Operators shall be responsible for the codification of access program schedules. -2- 1* 2.02 Access Coordinators. A. Company shall employ two (2) full -time Access Coor- dinators. The Access Coordinators shall report to the Programming Manager. B. The specific duties and responsibilities of the Access Coordinators are: 1. Train individuals and groups in the use of equip- ment in accordance with plans, schedules and materials approved by Commission or designee; 2. Inform Users of the value and procedures for care of the equipment to insure least possible damage; 3. Maintain a written "check -out" system for the equipment, both when it is removed from the studio and upon its return; 4. Report to the Programming Manager all damage or malfunction of equipment; .5. Provide to the Programming Manager a monthly writ- ten report of access use, including a brief written statement of access projects; 6. Maintain a log of all access users and equipment and file required reports with the Programming Manager; 7. Work closely with the Programming Manager to sche- dule use of facilities; 8. Implement access programming pursuant to and in accordance with programming schedules developed by the _ -3�- Programming Manager, or his designee and the Playback Operators; 9. Maintain a log of all complaints related to access. 10. Other duties as assigned. 2.03 Educational Consultant. A. Company shall employ one (1) full -time educational access consultant in addition to the public access personnel described above. The educational access consultant shall report to the Programming Manager. B. The specific duties and responsibilities of the Educa- tional Consultant are: 1. Train individuals and groups in the use of equip- ment in accordance with plans, schedules and materials approved by Commission or designee; 2. Inform Users of the value and procedures for care of the equipment to insure least possible damage; 3. Maintain a written "check -out" system for the equipment, both when it is removed from the studio and upon its return; 4. Report to the Programming Manager all damage or malfunction of equipment; 5. Provide to the Programming Manager a monthly writ- ten report of access use, including a brief written statement of access projects; 6. Maintain a log of all educational access users and -4- • • equipment and file required reports with the Programming Manager; 7. work closely with the Programming Manager to sche- dule use of facilities; 8. Implement educational access programming pursuant to and in accordance with programming schedules developed by the Programming Manager, or his designee and the Playback Operators; 9. Serve as an access coordinator, to the extent time so allows; 10. Other duties as assigned. 2.04 Equipment Logs. A. The access coordinators shall maintain daily log forms, and, on a daily basis, be responsible that equipment logs are prepared and a record of the use of all equipment is recorded. Such equipment logs shall contain information regarding the name and address of the equipment user, the item of equipment used and the time of expected actual use; provided, however, that no piece of equipment shall be checked out for more than forty -eight (48) hours. B. The equipment logs shall be available for inspection by Commission upon request. 2.05 Other Personnel. Company shall employ such other per- sonnel as may be necessary to meet the duties and obligations imposed hereunder as may be consistent with the budget then in -5- effect. SECTION III ADMINISTRATION 3.01 Access Promotion. A. The promoting of public access opportunities in the Franchise Area shall be the sole responsibility of Company. B. Notwithstanding anything to the contrary, such promo- tions to the extent allowable under the budget then in effect, shall include, but not be limited to, the following: 1. Development of special meetings for community groups at which access opportunities will be discussed and access experiences from other communities shared. 2. Speakers provided to community organizations to explore access opportunities. 1 0 3. Development of displays at public places explaining access principles and equipment. 4. Distribution of literature to subscribers informing them of ongoing access activity and encouraging their participation. 5. Development of workshops focused on production tech- niques and communication principles. 6. Promotion through cable and conventional media, including playback of special explanatory programs on access and theme channels. 7. Listings in community newspapers. -6- 8. Special brochures for schools, libraries and community centers with weekly listings and descriptive material. 9. "Creative Marketing" initiatives for special programs, with targeted messages to involved groups, areas, insti- tutions. 3.02 Training. A. Any training classes to be offered by Company shall first be approved by Commission. Training classes, for the pur- poses of this Agreement shall include, but not be limited to, basic television production, location production, post- production, on- camera lessons, or any other training intended by Company to assist in access opportunities. B. Commission shall approve the curriculum, fees, course material, class locations and class size. Commission may require written material prepared by or for Commission be distributed by Company at any classes. C. The classes described in paragraph A above shall, at a minimum, be offered on a quarterly basis or at such other inter- vals as the parties may agree upon. D. Notwithstanding anything to the contrary, Commission may enter into an agreement or any other arrangement of its choosing with another person or entity for the purposes of training poten- tial users. Provided, however, potential.users trained hereunder must comply with all, Commission approved, Company certification procedures. -7.- y_ �s SECTION IV TERM, TERMINATION AND COMPENSATION 4.01 Term. This Agreement shall commence upon execution and shall terminate on August 31, 1986, and shall be extended for successive two (2) year periods after the initial term, unless Commission notifies Company within two (2) months of the term or extension then in effect of the Commission's intention not to extend the term beyond the end of the term or extension then in effect. In the event that Commission does not wish to extend the term or extension then in effect and notice is given as required above, this Agreement shall terminate at the end of such term or extension. 4.02 Termination. A. Commission may terminate this Agreement, effective at any time, by giving Company at least thirty (30) days prior writ- ten notice, in the event Company has materially breached any of its obligations hereunder and such breach (which shall be spe- cified in such notice) is not cured by Company within fifteen (15) days of such notice. The right of Commission to terminate this Agreement in any such case shall be in addition to any other remedies it may have and any other specific provision of this Agreement. B. Notwithstanding anything to the contrary, this Agreement shall terminate in the event the Franchise granted to Company shall be revoked, terminated, cancelled or not renewed or upon NO r � �.J / Y- 74� the foreclosure or other judicial sale of all or a part of System. 4.03 Expiration. Upon the expiration of this Agreement Commission shall have no further obligations or duties to Company and Commission may, without limitation, pursue a new agreement with Company or contract with another entity or organization for personnel support. 4.04 Compensation. A. Commission shall pay to Company an amount (hereinafter Annual Fee) in equal quarterly installments of payable in advance on the first day of each and every quarter for and during the full term of this Agreement. B. Notwithstanding the above paragraph (a), and unless the parties otherwise agree, the Annual Fee payable by Company shall, upon six (6) months prior written notice to Commission, be deter- mined for each year after the year ending August 31, 1986, based on the sum of the Annual Fee for the prior year plus the product of (A) such Annual Fee times (B) a fraction, the numerator of which equals eighty percent (80 %) of the difference between (1) the Consumer Price Index, as hereafter defined, for the quarter last published prior to the commencement of such year and (2) the Consumer Price Index, for the comparable quarter of the preceding year, and the denominator of which equals the Consumer Price Index for the comparable quarter of the preceding year; provided, however, that the Annual Fee shall not increase in any year by Me ,//-/- 74D more than ten percent (10 %) over the fee for the prior year. SECTION V MISCELLANEOUS PROVISIONS 5.01 Binding on Successors. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto, their respective successors and assigns. 5.02 Force Majeure. If by reason of force majeure, any party to this Agreement is unable in whole or in part to carry out its obligations hereunder, said party shall not be deemed in viola- tion or default during the continuance of such inability. The term "force majeure" as used in this Agreement shall mean the following: strikes, acts of God, orders of the federal or state governments, or any of their departments or agencies, lightning, fires, storms, floods, civil disturbances, explosions, partial or entire failure of utilities, or any other cause or event not reasonably within the control of that party. 5.03 Severability. A. If any law, ordinance or regulation shall require or permit any party to this Agreement to perform any service or shall prohibit any party from performing any service which may be in conflict with the terms of this Agreement, then as soon as possible following knowledge thereof, said party shall given notice to-the other party of the point of conflict believed to exist between such law,. ordinance or regulation. B. If any Section, sentence, paragraph, term or provision 0 - -1.0- /-Y 7 c' of this Agreement is determined to be illegal, invalid, or unconstitutional by any court of competent jurisdiction or by any state or federal regulatory agency having jurisdiction thereof, such determination shall have no effect on the validity of any other Section, sentence, paragraph, term or provision hereof. C. In the event such decision, law, rule or regulation is subsequently reversed, repealed, rescinded, amended or otherwise changed, so that the Section, sentence, paragraph, term or provi- sion hereof which had been invalid or modified is no longer in conflict with the decisions, law, rules and regulations then in effect, said Section, sentence, paragraph, term or provision shall thereupon return to full force and effect and shall thereafter be binding on all parties, provided that the party relying on the Section, sentence, paragraph, term or provision shall give the other party or parties thirty (30) days written notice of such change before requiring compliance with said pro- vision. 5.04 Liquidated Damages. Upon the breach of any term, con- dition, or provision of this Agreement by Company, Company shall pay to Commission the sum of Two Hundred Dollars ($200.00) per day for each and every day of the breach as a liquidated damage. The parties agree that the services to be performed under this Agreement'are in the public interest and will further the deve- lopment of the System within the Franchise Area and that confir- mation of the relationship established by this Agreement is -11- iy �9 mutually beneficial. Consequently, the parties acknowledge that damages due to a breach of this Agreement are difficult to deter- mine and that the liquidated damage set forth above is fair and reasonable and will not be contested. Any liquidation damage to be imposed hereunder shall be done so after proceedings in accor- dance with Section 5.05 hereof. 5.05 Cations. The Captions to Sections throughout this Agreement are intended solely to facilitate reading and reference to the Sections and provisions of this Agreement. Such captions shall not affect the meaning or interpretation of this Agreement. 5.06 Interpretation. This Agreement has been arrived at by negotiation and shall not be construed against any party. 5.07 Governing Law. This Agreement shall be interpreted in accordance with Minnesota law. 5.08 Default Proceedings. In the event Company has breached any of its obligations hereunder the Commission shall give writ - ten notice of the default to Company and the Commission's inten- tion to terminate this Agreement or impose liquidated damages, whichever the Commission deems appropriate. A. Company shall have thirty (30) days after the giving of such notice (or if such default is of such a character as to require more than 30 days within which to cure the same, and Company fails to commence to cure the same within said 30 day period and thereafter fails to use reasonable diligence, in Commission's sole opinion, to cure such default as soon as -12- • • /y , '79 mutually beneficial. Consequently, the parties acknowledge that damages due to a breach of this Agreement are difficult to deter- mine and that the liquidated damage set forth above is fair and reasonable and will not be contested. Any liquidation damage to be imposed hereunder shall be done so after proceedings in accor- dance with Section 5.05 hereof. 5.05 Captions. The Captions to Sections throughout this Agreement are intended solely to facilitate reading and reference to the Sections and provisions of this Agreement. Such captions shall not affect the meaning or interpretation of this Agreement. 5.06 Interpretation. This Agreement has been arrived at by negotiation and shall not be construed against any party. 5.07 Governing Law. This Agreement shall be interpreted in accordance with Minnesota law. 5.08 Default Proceedinqs. In the event Company has breached any of its obligations hereunder the Commission shall give writ- ten notice of the default to Company and the Commission's inten- tion to terminate this Agreement or impose liquidated damages, whichever the Commission deems appropriate. A. Company shall have thirty (30) days after the giving of such notice (or if such default is of such a character as to require more than 30 days within which to cure the same, and Company fails to commence to cure the same within said 30 day period and thereafter fails to use reasonable diligence, in Commission's sole opinion, to cure such default as soon as -12- 0 • • 0 /-y 7 c' of this Agreement is determined to be illegal, invalid, or unconstitutional by any court of competent jurisdiction or by any state or federal regulatory agency having jurisdiction thereof, such determination shall have no effect on the validity of any other Section, sentence, paragraph, term or provision hereof. C. In the event such decision, law, rule or regulation is subsequently reversed, repealed, rescinded, amended or otherwise changed, so that the Section, sentence, paragraph, term or provi- sion hereof which had been invalid or modified is no longer in conflict with the decisions, law, rules and regulations then in effect, said Section, sentence, paragraph, term or provision shall thereupon return to full force and effect and shall thereafter be binding on all parties, provided that the party relying on the Section, sentence, paragraph, term or provision shall give the other party or parties thirty (30) days written notice of such change before requiring compliance with said pro- vision. 5.04 Liauidated Damages. Upon the breach of any term, con- dition, or provision of this Agreement by Company, Company shall pay to Commission the sum of Two Hundred Dollars ($200.00) per day for each and every day of the breach as a liquidated damage. The parties agree that the services to be performed under this Agreement' are in the public interest and will further the deve- lopment of the System within the Franchise Area and that confir- mation of the relationship established by this Agreement is -11- y- �, d *possible) within which to cure such default. In the event Company fails to cure such default, as described above, Commission may terminate this Agreement or impose liquidated damages, whichever the case may be. B. Company may, within ten (10) days of notice, notify Commission that there is a dispute as to whether a default has, in fact, occurred. Such notice by Company to Commission shall specify with particularity the matters disputed by Company. Such notice shall stay the running of the above described thirty (30 ) day period. C. Commission shall hear Company's dispute at the next regularly scheduled Commission meeting. Commission shall supple- . ment its decision with written findings of fact. D. If.after hearing the dispute the Commission finds that • there is a default, Company shall have twenty (20) days from such a determination to cure the default. At any time after that twenty (20) day period, Commission may terminate this Agreement or impose liquidated damages, whichever the case may be. 5.08 Notices. Any notice required to be given or served upon any party in connection with this Agreement shall be in writing and shall be deemed to have been given and received, (1) three business days after a registered or certified letter containing the notice, properly addressed, with postage prepaid, is depo- sited in the United States mail; or (2) if made in any other manner, upon actual delivery to and receipt by the party to whom -13- CITY OF RICHFIELD, MINNESOTA Office of City Manager Council Letter No. 155 Agenda April 22, 1985 The Honorable Mayer and Members of the City Council City of Richfield Subject: Ordinance Amendment Providing For Pet Vaccinations. Second Reading. Council Members: At the March 11, 1985, council meeting, the City Council gave first reading to an ordinance which will require that all dogs and cats must be vaccinated for rabies in order to obtain a pet licenses. The City of Richfield currently licenses dogs and cats as household pets-or in conjunction with kennels. Licensing procedures are in place to record numbers and types of animals in Richfield, to return lost pets to their rightful owners, to assure absence of nuisance factors and cleanliness and sanitation of neighborhoods. While the city administers a thorough licensing program, we currently do not require a proof of rabies vaccination for licensure. However, a recent survey of metropolitan municipalities indicated that Richfield was one of the few communities that didn't require proof of rabies vaccination. A rabies vaccination requirement would enhance the safety and comprehensive nature of the Richfield pet licer.sure program. It is recommended that the city council hold the public hearing and approve this ordinance amendment at the April 22, 1985, city council meeting. Timely adoption of the proposed ordinance would allow the city to initiate the vaccination requirement for the 1985 -86 license year, which commences June 1, 1985. ectf 1 ubmitted, `J hn G. Car wrigh.t City Manager 0 JGC:sb CITY OF RICHFIELD, MINNESOTA Office of City Manager / Council Letter No. 154 Agenda April 22, 1985 The Honorable Mayor and Members of the City Council City of Richfield Subject: Transitory Ordinance Providing for Certain Capital Improvements. Second Reading. CuurruTl iYeffrcTt:Fr -z : In September, 1984, the city council adopted the 1985 budget document. Included in that budget was the 1985 Capital Improvement budget, which includes a number of projects to be funded from the Special Revenue Fund (liquor profits). The following projects in the 1985 Capital budget include financing from this source: *Energy Management System at Ice Arena; triple glaze city hall windows; infra -red garage storage building. * *State Grant ** *Lincoln Field and Donaldson Park The total 1985 Special Revenue expenditures for capital improvement purposes is $350,000. At the April 8, 1985 city council meeting, the city council gave first reading consideration to the transitory ordinance and scheduled the public hearing for the April 22, 1985 city council meeting. The unofficial Financial Report prepared by the finance division for the fiscal year ending December 31, 1984, reports a $393,000 operating transfer from the Municipal Liquor Fund to the Special Revenue Fund. • Special General Revenue Revenue Fund Sharing Project Projects Alloc. Alloc. Totals Energy Improvements* $ 10,000 $ -0- $ 10,000 City Hall Improvements $ 10,000 $25,000 $ 35,000 Legion Lake Park ** $248,300 $12,200 ** $260,500 Forestry $ 4,700 $25,600 $ 30,300 Little Bob's Park $ 50,000 $ -0- $ 50,000 Parking Lots /Drives * ** $ 27,000 $ -0- $ 27,000 Total $350,000 $62,800 $412,800 *Energy Management System at Ice Arena; triple glaze city hall windows; infra -red garage storage building. * *State Grant ** *Lincoln Field and Donaldson Park The total 1985 Special Revenue expenditures for capital improvement purposes is $350,000. At the April 8, 1985 city council meeting, the city council gave first reading consideration to the transitory ordinance and scheduled the public hearing for the April 22, 1985 city council meeting. The unofficial Financial Report prepared by the finance division for the fiscal year ending December 31, 1984, reports a $393,000 operating transfer from the Municipal Liquor Fund to the Special Revenue Fund. • -2- It is recommended that the city council hold the public 40 hearing and approve the attached transitory ordinance appropriating monies from the Special Revenue Fund for these projects. JGC:sb • r- IL Respectfu y submitted, John G. Ca twr ht City Manager • • /01-3 TRANSITORY ORDINANCE NO. AN ORDINANCE PROVIDING FOR THE EXPENDITURE OF MONEY FROM THE SPECIAL REVENUE FUND FOR CERTAIN CAPITAL IMPROVEMENTS City of Richfield Does Ordain: Section 1: It is found and determined to be necessary and expedient for the City to expend money from the Special Revenue Fund for the making of Capital Improvements listed in Section 2 hereof, for which the city would be authorized to issue general obligation bonds. Section 2: The capital improvements and amounts of expenditures for such improvements which are authorized to be paid from the Special Revenue Fund under Section 7.12, Subd. 2 of the City Charter, are as follows: Energy Improvements $ 10,000 City Hall Improvements 10,000 Legion Lake Park 248,300 Forestry 4,700 Little Bob's Park 50,000 Parking Lots /Drives 27,000 Total $350,000 Section 3: The expenditures herein authorized shall be made pursuant to such contracts as are authorized from time to time by council action. Passed by the City Council of the City of Richfield this day of 1985. ATTEST: omas P. erber City Clerk John ff amilton ayor 0 • CITY OF RICHFIELD, MINNESOTA %I i Office of City Manager Council Letter No. 153 Agenda April 22, 1985 The Honorable Mayor and Members of the City Council City of Richfield Subject: Ordinance Amendment Relating to On -Sale Non - Intoxicating Malt Liquor Distribution. Second Reading Council Members: At the April 8, 1985, city council meeting, the city council gave first reading to an ordinance amendment which would not require that applicants seeking a renewal of an off -sale non - intoxicating malt liquor license be present at the council meeting at which time their license application is considered by the city council. The ordinance presently requires that all non - intoxicating.malt beverage applicants, both on -sale and off - sale, appear before the council at any time a license or a license renewal application is to be considered. In the future, if the amendment is passed, it provides that the Director of Public Safety may recommend that an applicant for a renewal license be in attendance at the council meeting when the issue is before the city council. Attached is the ordinance amendment prepared by the city attorney with regard to this matter. It is the recommendation of the Director of Public Safety, in which I concur, that the council hold the public hearing and give second reading approval to this ordinance amendment at the April 22, 1985, city council meeting. JGC /eja �pectf y submitted, ? t `G1L ,John G. Ca twrig�f City Manager C • • AMENDMENT TO CHAPTER XI, SECTION 11.02 OF THE ORDINANCE CODE OF THE CITY OF RICHFIELD CITY OF RICHFIELD DOES ORDAIN: Chapter XI, Section 11.02 of the Ordinance Code of the City of Richfield entitled "Sale and Dispensation of Nonintoxicating malt Liquors" is hereby amended by amending Subdivision 7 thereof to read as follows: "Subd. 7. Investigation and Issuance. Each application may be referred to appropriate city authorities, who may investigate the applicant and make report to the council, based on their findings. The applicant for an on -sale license or the applicant's rep- resentative must be present at the meeting where the initial license application will be considered to provide such additional information as may be required by the council. Applicant or applicant's repre- sentative shall also be present when an application for renewal of a license is to be considered by the city council provided that such attendance has been requested in writing by the city's director of public safety. Failure to attend the meeting shall be grounds for denial of the application for an on -sale license." Passed by the City Council of the City of Richfield, 11,1innesota this day of ATTEST: 1985. John N. Hamilton, Mayor 0 CITY OF RICHFIELD, MINNESOTA Office of City Manager The Honorable Mayor and Members of the City Council City of Richfield I Council Letter No. 152 Agenda April 22, 1985 Subject: Ordinance Amendment Relating to State Electrical Licenses for Installers of Power Limited Alarm Circuits. (To be continued to June 10, 1985 Council Members: At the April 8, 1985, city council meeting, the city council gave first reading to an ordinance amendment which would allow the city to issue electrical permits for the installation of power limited alarm circuits to installers who do not have an electrical contractor's license, but who are registered with the State Board of Electricity. This ordinance amendment would bring the city's ordinance into conformance with state statutes. The public hearing was scheduled for the April 22, 1985, city council meeting. At the April 8th council meeting it was agreed to delay the second reading and the public hearing until the end of the current legislative session because amendments to the state statutes relating to this licensing procedure are presently being considered by the state legislature. Because the second reading and public hearing notice for April 22, 1985, had been mailed to the Sun Newspaper prior to the April 8, 1985, city council meeting, it is necessary to have the council formally set a new public hearing date of June 10, 1985• pectfu y s mitted , ohn G. Cartw 'ght City Manager AMENDMENT TO CHAPTER III, ' %W PART I, SECTION 3.02 OF THE ORDINANCE CODE OF THE CITY OF RICHFIELD CITY OF RICHFIELD DOES ORDAIN: Chapter III, Part I, Section 3.02 of the Ordinance Code of the City of Richfield entitled "Adoption of Minnesota State Building Code and Uniform Housing Code" is hereby amended by amending subdivision 10 thereof to read as follows: Subd. 10. State Electrical License. There is no license fee for electrical construction and installation; provided, however, that no person shall practice or engage in the business or trade of electrical construction and installation within the city unless such person is the holder of a valid and current license from the State of Minnesota, nor shall any person engage in the business of electrical contracting within the city unless such person is the holder of a valid and current electrical contractor's license from • the State of Minnesota. Such licensing requirements do not apply to installers of power limited alarm circuits who are regis- tered with the State Board of Electricity pursuant to Laws of Minnesota (1984) Chapter 470. It is unlawful for any person to perform any electrical work regulated by this Code without first having obtained a permit to do so. All fees required for permits issued pursuant to this subdivision shall be as contained in Appendix D of this Code. Passed by the City Council of the City of Richfield, Minnesota this day of , 1985. ATTEST: • , City Clerk John N. Hamilton, Mayor CITY OF RICHFIELD, MINNESOTA�" Office of City Manager • Council Letter No. 151 Agenda: April 22, 1985 The Honorable Mayor and Members of the City Council City of Richfield Subject: Appeal of Denial of Taxicab Drivers License Dexter E. Bingham Council Members: On April 1, 1985, the Public Safety Director denied the Richfield taxicab drivers license request made by a Dexter E. Bingham, of 2816 Bryant Avenue, Minneapolis. The action of the Public Safety Director was based upon the license investigation findings which determined Mr. Bingham had a criminal conviction record for an offense related directly to the license for which the applicant had applied. Mr. Bingham has requested an opportunity to appeal this denial to the Richfield City Council. • We have scheduled the appeal for the council meeting on April 22, 1985. At that time, the Assistant City Attorney and the Director of Public Safety will present the city's evidence upon which the license denial was based. Mr. Bingham has been informed of the scheduled hearing, as well as his rights with regard to the appeal process. Mr. Bingham was released from a correctional institution on February 21, 1985, as the result of his arrest on February 2, 1981 and his subsequent conviction. The basis for the denial is that Minnesota State Statutes provide that at least one year must elaspe after release without any subsequent conviction of a crime and evidence that all terms of probation and parole have been met. Mr. Bingham does not meet this State Statute provision, thus, the denial of a taxicab drivers license. JGC /eja • Respectfu y submitted, !Car John G. r' rt City Manager N It ® In to ■ ■■■■■ 0 Cn ■ CU • April 1, 1985 Dexter E. Bingham 2816 Bryant Avenue South Minneapolis, Minnesota 55408 Dear Mr. Bingham: I have received your request to appeal my action to deny the issuance of a Richfield taxicab drivers license. In my letter to you of March 18, 1985, I indicated that my denial was based on the provisions of Chapter 364 of the Minnesota State Statutes. Our background investigation into your taxicab drivers license is based on the fact that you have recently been released from the Lino Lakes Correctional Facility on February 21, 1985, as the result of your arrest on February 2, 1981, for sexual offenses involving a child and your subsequent conviction of this felony crime. For your information, the specific basis of my denial relates to the fact that you have not currently met the conditions set forth Minnesota State Statute 364.03, Subd. 3 (b), which states Ev.t'denee .showing that at .-easti one yeah ha.d eZap.sed 6,.om any Zocat, s'ta'te, of Sede-LaZ con.te_ctionaZ in.sti-it-u- t ion without subsequent co nvic'Lion o6 a cnLime; and evIdenee showing comptianee with aZZ -teams and condi- -t./-' o n.s o6 p -7o bat-io n on pa, -.oQ e; If you have any reason to dispute the factual basis of my action in this matter, or have any relative additional information which you wish me to consider, I will be happy to review this information and reconsider your application. If the factual basis for my decision in this matter is essentially correct, you do have the right to appeal my decision to the Richfield City Council. Such appeal could L.. 0 Q. ■ ® O O • April 1, 1985 Dexter E. Bingham 2816 Bryant Avenue South Minneapolis, Minnesota 55408 Dear Mr. Bingham: I have received your request to appeal my action to deny the issuance of a Richfield taxicab drivers license. In my letter to you of March 18, 1985, I indicated that my denial was based on the provisions of Chapter 364 of the Minnesota State Statutes. Our background investigation into your taxicab drivers license is based on the fact that you have recently been released from the Lino Lakes Correctional Facility on February 21, 1985, as the result of your arrest on February 2, 1981, for sexual offenses involving a child and your subsequent conviction of this felony crime. For your information, the specific basis of my denial relates to the fact that you have not currently met the conditions set forth Minnesota State Statute 364.03, Subd. 3 (b), which states Ev.t'denee .showing that at .-easti one yeah ha.d eZap.sed 6,.om any Zocat, s'ta'te, of Sede-LaZ con.te_ctionaZ in.sti-it-u- t ion without subsequent co nvic'Lion o6 a cnLime; and evIdenee showing comptianee with aZZ -teams and condi- -t./-' o n.s o6 p -7o bat-io n on pa, -.oQ e; If you have any reason to dispute the factual basis of my action in this matter, or have any relative additional information which you wish me to consider, I will be happy to review this information and reconsider your application. If the factual basis for my decision in this matter is essentially correct, you do have the right to appeal my decision to the Richfield City Council. Such appeal could Page Two • ql- 3 be considered at the regularly scheduled city council meeting of April 22, 1985. Such appeal will be heard by the council at their open meeting. At that time you have the right to appear and to be represented by legal counsel. Additionally, you may offer any relevant information you wish to bring to the attention of the council, and you will have the right to cross examine any witnesses the city may present in behalf of my action in this matter. If you wish to exercise your right of appeal to the Richfield City Council, you will have to notify me in writing no later than April 12, 1985, so the matter can properly be scheduled as a part of the council agenda proceedings. If you have any questions with regard to this process, or my position in this matter, please do not hesitate to contact me. Sincerely, ...� 4. .�.,.._ c Thomas A. Morgan, Jr. Director of Public Safety TAM /lje E CITY OF RICHFIELD, MINNESOTA •• Office of City Manager Council Letter No. 150 Agenda April 22, 1985 The Honorable Mayor and Members of the City Council City of Richfield Subject: Public Hearing, 1985 Alley Paving City Project No. 812 Council Members: The city council established a policy for the paving of alleys in 1980. This policy provides that a petition signed by property owners representing more than 50% of the abutting footage is necessary for an alley to be paved. The projects are initiated on a yearly basis. In the first four years of this Policy, 59 of the city's 96 graded alleys have been paved as a result of the petition process. Pursuant to this policy, on March 11, 1985, the city council accepted the preliminary engineering report and ordered a public hearing to be held on April 8, 1985. Due to a ler.gthly agenda for that council meeting, the hearing was rescheduled to April 22, 1985. The following alleys have been proposed for paving: Alley Between Augsburg and Garfield Avenue Russell and Sheridan Avenue Blaisdell and Nicollet Avenue Upton and Thomas Avenue Xerxes and Washburn Avenue Queen and Penn Avenue From 70th Street 68th Street 75th Street 68th Street 68th Street 68th Street To 71st Street 69th Street 76th Street 69th Street 69th Street 69th Street The petitions received for the alleys between Xerxes and Washburn Avenue from 68th to 69th. Street and between Queen and Penn Avenue from 68th to 69th Street represented exactly 50% of the abutting footage. The signers of the petitions asked that the petitions be considered by the council. These petitions were included in the preliminary report. Minnesota State Statute 429.031 provides that the council may order such a petitioned project by a majority vote if presented with a petition of more than 35% of the property owners. 0 F--q Lj 11, • 0 is is. -2- S— lo The Richfield alley assessment policy for new construction A. in a 100% residential land use block, each side of the alley pays 50% of the running foot cost (50% of $39.50 is $19.75); and, B. in a block where one side of the alley is all commercial, the commercial property pays 75% and the residential property pays 25% of the running foot cost. The estimated 1985 assessment rate for residential abutting property where all property in the block is residential use is $19.75 per foot. In a block where 50% of the land use is commercial, the estimated assessment rate for commercial abutting property is $29.63 per foot (residential assessment is $9.87). The assessment can be prepaid in full or payment may be spread over a 20 -year period in equal installments with interest. Partial prepayment may be made with the unpaid balance spread over a 20 -year period. A deferment may be granted to persons over 65 years of age or persons permanently and totally disabled provided that certain conditions are met. COST SUMMARY COMPARISON Per Running Foot) 100% Residential -cost to Two commercial lots -cost -cost One commercial lot -cost -cost 50% commercial frontage -cost -cost 1985 1984 Estimate Actual resident $19-75 $18-07 to resident ..............$15.30 to commercial ............ $27.11 to resident ..............$16.35 to commercial ............ $27.11 to resident $ 9.87 to commercial $29.63 None The staff recommends that, at the close of the public hearing, the city council adopt the attached resolution ordering the project and the preparation of plans and specifications for each of the six alley projects which are supported by petitions containing at least 50% of the abutting footage for each alley project. JGC /eja Respectfully submitted, �;� - I John G . C twr,4 t City Manager • • • RESOLUTION N0. RESOLUTION ORDERING THE PAVING OF ALLEYS AND PREPARATION OF PLANS FOR C.P. 812 WHEREAS, a resolution of the city council adopted the 11th day of March, 1985, fixed a date for a council hearing on the proposed improvement of the following alleys: Alley between From To Augsburg and Garfield Avenue 70th Street 71st Street Russell and Sheridan Avenue 68th Street 69th Street Blaisdell and Nicollet Avenue 75th Street 76th Street Upton and Thomas Avenue 68th Street 69th Street Xerxes and Washburn Avenue 68th Street 69th Street Queen and Penn Avenue 68th Street 69th Street AND, WHEREAS, ten days mailed notice of the hearing and two weekly publications of the required notice was given as required by law, and the hearing was held thereon on the 22nd day of April, 1985, at which time all persons desiring to be heard were given an opportunity to be heard thereon; NOW, THEREFORE, BE IT RESOLVED by the council of the City of Richfield, Minnesota: 1. Such improvement is hereby ordered as proposed in the council resolution adopted the 11th day of March, 1985. 2. Michael J. Eastling, City Engineer, is hereby designated as the engineer for this improvement. He shall prepare plans and specifications for the making of such improvement. Adopted by the council of the City of Richfield this 22nd day of April, 1985. ATTEST: omas P. Ferber, City Clerk John Hamilton, Mayor • 40 CITY OF RICHFIELD, MINNESOTA �7j— 1 Office of City Manager Council Letter No. 149 Agenda April 22, 1985 The Honorable Mayor and Members of the City Council City of Richfield Subject: Application to Erect Illuminated Sign at Wendy's Restaurant, 6500 Lyndale Avenue Council Members: Signcrafters has applied for an advertising permit to erect an illuminated sign at'Wendy's Restaurant, 6500 Lyndale Avenue. The sign would be located below their existing signage with the caption "BREAKFAST ". The size of the sign is 7' x 1 1/2' for a total of 10.6 square feet. City of Richfield ordinance code 3.49, subd. 19 - Illuminated Signs provides that city council approval is required for illuminated signs. The sign conforms to applicable city ordinances if the bottom of the sign is at least 7 feet from grade. It is recommended that the city council approve the sign permit with the stipulation that the sign be at least 7 feet above grade. JGC /eja Respectfu ly submitted, John G. Ca twr rt City Manager APPROVE F� DENY ❑ City :tanager Date APPROVE DENY VziZ :-1 � Planning Department o� S(�N r�u5i Date ` Ii71 7 ' APPROVE [W] DENY D: Inspector Date, i APPROVE ❑ DENY ❑ : City Council Date Route to above for special approval per code General Signs ))� APPLICATION FOR ADVERTISING PERMIT City of Richfield, Minnesota Date Zoning // Sign Erected - Yes No Fee Address of Sign 'P 5700 , � �(,t�Q ( Proprietor Name DBA -, Sign Erector Address 7_? 7 F_ 7&4 WJ"rz m._ „c C4-- nay; ,,, Woarllpr rnear T.7Qhrina lluminated � No Watts lectrical Contractor �— Address 4Phone Iroperty Owner r his Agent Signature Phone Estimated Cost /.J Sign Width_�_Height /Total Square Feet ©, Position of the advertisement structure in relationship to the adjacent buildings, sidewalks, curbs, roadways, overhead utility lines, vehicle movement lines, or public facilities on drawing with significant dimensions and attached hereto of major signs. Minor signs as defined on page 2. Two blueprints of the sign, billboard, or outdoor advertising structure construction plans: including specifications, list of materials, and explicit anchoring or fastening details and a copy of the stress sheets, calculations, color of sign structure. Does the sign copy relate solely to the business, institution, or activity conducted on , the premises? Will the sign, structure, or billboard restrict any sight distance under, around, or over for s f access by p ons de tined for or passing the subject premises'. "& Applicant's Signature and _tie with Firm _ -- Date 1-15 7 Phone Number 71_A C �^ fit 8/83 PLEASE SEE REVERSE SIDE FOR SIGN LOCATION SKETCH Wall Projecting Ground> Roof Pedestal Changeable Temporary Trailer Single Face Double Face Multi -Faced Aerial /Blimp Searchlight Banner /Pennants Portable Frame: T D A LJ Post Clear Lexon Constant Frosted Lexon Flashing Plastic Covered Revolving Shaded Traveling Neon Zip Lite Other Other(Explain) Sign Colors lluminated � No Watts lectrical Contractor �— Address 4Phone Iroperty Owner r his Agent Signature Phone Estimated Cost /.J Sign Width_�_Height /Total Square Feet ©, Position of the advertisement structure in relationship to the adjacent buildings, sidewalks, curbs, roadways, overhead utility lines, vehicle movement lines, or public facilities on drawing with significant dimensions and attached hereto of major signs. Minor signs as defined on page 2. Two blueprints of the sign, billboard, or outdoor advertising structure construction plans: including specifications, list of materials, and explicit anchoring or fastening details and a copy of the stress sheets, calculations, color of sign structure. Does the sign copy relate solely to the business, institution, or activity conducted on , the premises? Will the sign, structure, or billboard restrict any sight distance under, around, or over for s f access by p ons de tined for or passing the subject premises'. "& Applicant's Signature and _tie with Firm _ -- Date 1-15 7 Phone Number 71_A C �^ fit 8/83 PLEASE SEE REVERSE SIDE FOR SIGN LOCATION SKETCH h '` � • `� ' r.\ �'. � �. Cis9� MAf �� tilt _r �al Qyno a. ��, n i�'+ �''jr ; j CITY OF RICHFIELD, MINNESOTA 7... Office of City Manager • Council Letter No. 148 Agenda April 22, 1985 The Honorable Mayor and Members of the City Council City of Richfield Subject: Council Confirmation of Special City Council Study Session Council Members: It is the recommendation of the city staff that a special city council study session be held on Monday, April 29, 1985, to consider the engineering improvement alternatives and cost estimates for storm sewer projects. The proposed starting time is 5:30 p.m., to enable the city council to inspect the areas proposed for 1985 storm water drainage improvements. The early starting time should allow adequate daylight time to complete visits to Norby and Wilson Ponds. 49 A light supper will be served at 5:30 p.m. followed by a tour of the sites. It is planned to return to city hall after visiting the sites to complete the meeting. It is recommended that the city council confirm the date of this special city council study session. JGC /eja • Respectfu y submitted, 4�77 44%1 John G. Ca twr gh.t City Manager CITY OF RICHFIELD, MINNESOTA 7 Office of City Manager • Council Letter No. 147 Agenda: April 22, 1985 The Honorable Mayor and Members of the City Council City of Richfield Subject: Application For Gambling Permit Richfield Optimist Club Council Members: On March 15, 1985, Mr. Steven 0. Lindgren, Fundraising Chairman for the Richfield Optimist Club, submitted an application for a gambling license in order that they may conduct a raffle on May 31, 1985, in conjunctin with their "Night of Optimism ", at the Fred Babcock Post # 5555. The club is involved in many civic projects in Richfield and sponsors, or supports numerous other events in Richfield. The following Board of Officers are involved in organizing this raffle; Mr. Bob Houlton, President;Mr. Dave Elasky, Vice - President; Mr. Bob Meints, Vice - President;and Mr. Arnold Odefey, Secretary - Treasurer. Mr. Dave Elasky is the designated gambling manager for this event. The Department of Public Safety has conducted the necessary background investigations with regard to these individuals and there is no known criminal history for any of them. Since this raffle scheduled for May 31, 1985 is a one time occurence and since all proceeds from this evert will be donated for youth activities in Richfield, the organization has requested the daily permit fee of $36 be waived (Richfield Ordinance Code 5.19, Subd. 17,(1),). In addition, and under these special circumstances, they are also requesting that the bonding requirements for the gambling manager be waived. (Richfield Ordinance Code 5.19, Subd. 6, (2),). It is the recommendation of the Director of Public Safety, in which I concur, that the city council give favorable consideration to the gambling license requested by the Richfield Optimist Club for their scheduled raffle on May 31, 1985. ectfu,Ilyl- ,�ribmitted , ,�/(Dhn G. -Car wright • City Manager L • L (�) lr �-d_ -* � -_ a1__ , ac:_On or _'-a_T?�° -he :_C__ ^.s2°_ ^__cm Cbca l_Ce ^_se. --- --a =ac:ar seal_ :hen 'pr;ceeC as CZde Sec_ - a_c^ -• (_,73 -I5) 972 =• /i9 r. ail =� =c T7�o n c- -e - y -v- Ia :_0 _ -- _rOV_;iCns o: _s seC__on ^^ shall --so CO ^,;C�C'CCa a VioTacLon O_ C:1°_ 7rOvisicns 3 mi 2 St tlt -,as _� ^ -:n SO Ca � I9 / C apcer 313 shall first be presented c0 :`:e c == 2 - : e ?ea is -s__o --er - '_c o_ a zip Ccu_ = =7 _cr 'presacuc_oa oc ;ress disc °e-- ear_o: _a any -star -ce where e CoC: ^.t7 a._ :.ey shall! eCI- e, _or any mason, Co presz_: ce : e 3112-zed v_olat'_or., and __: all O: -,er Cases alleged violation c- _ _s section __ e S aatt3- ;ha1- be presets_ = ..0 _-1e -__7 ac_o — ey :or jrOseC___on as a = isde^eaP.Or. `u0d. IJ. ::tiS:ir3 rlC ° ^.s 2S. All 1= tenses her° -Co -are issue<c COL1dtSCC O bingo shall Conc_nue unless revckac or suspended ua__l ..,e end OC t le C :r'_ :C License year. (1979 -I6) 312�1i9 Subd. Io. ? :ccc'_or.s - 3i-.o. �z I_au Of tae a_r,;a1 bingo '.c =_ sa as provided .a _ s ;ecc_on, da_1y 'per��cs =ay be _ssuec, c-overing _he conduct o : b _m—o _z conducted. connection. wizh a couac7 =air conducted by a couaC7 agr'_culrural soc-; or association, the scare :air conducted by zhe state agri cut c' =rat so�iet7, or a civic celebration recd- ized by resole c=on or other ;iniiar ac-'on by to ci =y council provided --fiat bingo is -ot conducted done tar, crelve da;l- :: any one calendar year. (2) BY aay or,3nizacion which conduces lass -_�aa five bi_go occas_c s any calendar Tear. Application- _for daily pe_—=i:s shall be on o ^s prepared for _he Cz:p Clark :or at pur?ose. hppi_ca: :4o' s :-,a__ be presented :o _. e courc_1 :or _:s approval. .::e daily pe^i: fee shall be as pro -14ded is ppendic 0 od cais Cods and t:.a c.c.7 council ray :naive all or pa =- o. : ^e tee. e couac�- aay also place such conditions and rest= __ -=ons .-,=on daily pe -_=ic as i= shall dee_. :ecessary, (1-977 -16) 8/8/77 Subd. 17. Bond - -=nse la:T_c-'or_ zee eSCzblisned in subdivistotiv5 _h- cC l C 1 is ;c .On ;a.d l OC a7D,.y Co �3�Dl�:lg 1_Ce^_Se apDliCa_'OnS _rS70IvZ,Z$ I2SS _: aA =eve occasions Cur'; the _4 -- -s2 year. such nscances, cue :e °_ Shall be as Provided _n Appead_s J of c.`:is code and the c -t7 aunc_I t:ay `waive all or pa-_ o: _ne day �" -Y _ (2) At --he _=,e od =_l-ng an amp l_cac =an :or a License _o coaduc_ less :.am J ;7.:IgIe CCCaSiCaS dur_.g _he I- CS-:Se year, :he C2sim.a_ed =anager shall ___ t_:e Cic7 Cierj{ 3 : l_ d _:e amount � 1 rich iCe ' =7 bon. o: ��O,�CO Such bond shall run ?n _favor o t_7e organization conduc:_zg :`:e ac:iv :7 and be condi_ioned as described subd_visicn 6 oL _;,:s sect-Cm. e bend t day, a t he Opciom Of Cale licensee be �--:h cc=7crata surat- j as racu4 -e :n � _ __ C 0 Or `w'iCZ a 'personal sun °_t7 to is a perscn o_ =Cod _re-" and -a prODer�y Ct...ar iZ "he c4:-r. Ile bond shall be subiec_ :a approval by : e .__;r at_oraey. (1979 -16) 9/2 -/79 Subd. 6. Bond. 74-3 (1) Except as provided in Subdivision 17 of this section at the time of filing the application, the designated bingo or gambling manager shall file with the City Clerk a fidelity bond with corporate surety duly licensed to do business in the State of Minnesota. Such bond shall be in the amount of $10,000 for each bingo license requested and $10,000 for each gambling license requested even though the same individual may be designated by the organization as its bingo and gambling manager. Such bonds shall be subject to approval by the city attorney as to form and execution. Such bonds shall run in favor of the organization conducting the activity and be conditioned as follows: (a) The designated bingo or gambling manager will obey all ordinances and statutes relating to the licensed activity. (b)' The designated bingo or gambling manager shall fully and faithfully perform his duties. (c) The bond may not be cancelled for any reason without the written consent of the city and then only after 30 days written notice of intention to cancel the bond. (3) Should there be a change in the designated bingo or gambling manager during the license year, the new manager shall, before assuming his duties, comply with all of the bond requirements of this subdivision. Subd. 7. Approval and Issuance of License. The application shall be referred to the Public Safety Department and to such other persons or departments as the city manager shall deem appropriate for investigating and recommendations. The application shall thereupon be returned to the city manager who shall note his own recommendations and comments thereon. The application shall be then presented to the council for final approval or denial. The council may not act on the application until at least 30 days after it has been submitted in completed form; and must act within 180 days of submission. Subd. 8. Conditions Governing Issuance. The following conditions govern the issuance of licenses pursuant to this section: (1) No license shall be issued to an organization whose designated manager, or any organization officer, has been convicted by any court of competent jurisdiction of any offense which relates to the competency of the designated manager or the organization to perform the licenses activity. (1976 -20) 10/12/76 (2) Licenses shall be issued only upon applications which are complete in every respect and have been accompanied by the payment of the annual license fee and filing of the bingo or gambling manager's fidelity bond. (3) No license shall be issued to any organization unless such organization has existed in the city for at least three years prior to the date of application. (4) No license shall be issued to any organization which does not have, on the date of application, at least 30 active members. (5) No license shall be issued to any organization whose designated bingo or gambling manager is not a member in good standing of the organization and who has not been a member for at least two years prior to the date on which appli- cation is made. (1979 -16) 9/24/79 9/24/79 I J 0 0 CITY OF RICHFIELD, MINNESOTA Office of City Manager Council Letter No. 146 Agenda April 22, 1985 The Honorable Mayor and Members of the City Council City of Richfield Subject: Resolution Approving Plans and Specifications and Ordering Advertisement for Bids for City Project No. 803, Longfellow Avenue Street Improvements Council Members: On April 8, 1985, the City Council held a public hearing and passed a resolution ordering the improvement of Longfellow Avenue between 66th. Street and 69th Street. The project improvements include paving, curb and gutter and drive aprons. Also in conjunction with this project, the Highway 77 east frontage road from 69th Street to 24th Avenue will be resurfaced. The city engineer has prepared plans and specifications for this project in accordance with previous council action. The plan calls for a ten ton design roadway from 66th Street to the Highway 77 ramps and a local residential design from the Highway 77 ramps to 69th Street. The bid opening is scheduled for May 17, 1985, with award of contract to be considered by the council on June 10, 1985. Construction is anticipated to begin shortly thereafter. The staff recommends that the City Council adopt the attached resolution approving the plans and specifications and ordering the placement of an advertisement for bids. JGC /eja R pectf bmitted, John G. Cart ig .t City Manager • • • RESOLUTION NO. RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS 7G- Z CITY PROJECT NO. 803, LONGFELLOW AVENUE STREET IMPROVEMENTS WHEREAS, pursuant to a resolution passed by the council on April 8, 1985, the city engineer has prepared plans and specifications for the improvement of Longfellow Avenue, 66th Street to 69th Street, by reconstruction, paving, curb and gutter and drive aprons and to assess the benefited property for a portion of the cost of the improvement, pursuant to Minnesota Statutes, Chapter 429, and to overlay with bituminous the Highway 77 east frontage road, 69th Street to 24th Avenue and has presented such plans and specifications to the council for approval; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield, Minnesota: 1. Such plans and specifications are hereby approved; 2. The city clerk shall prepare and cause to be inserted in the official newspaper and the Construction Bulletin an advertisement for bids upon the making of such improvement under such approved plans and specifications. The advertisement shall be published April 24, 1985, shall specify the work to be done, shall state that bids will be received by the clerk until 11:30 a.m. on May 17, 1985 at which time they will be publicly opened in the council chambers of the city hall by the city clerk and engineer, will then be tabulated and will be considered by the council at 7 p.m. on June 10, 1985 in the council chambers and that no bids will be considered unless sealed and filed with the clerk and accompanied by a cash deposit, cashier's check, bid bond, or certified check payable to the City of Richfield for five percent of the amount of such bid. Adopted by the City Council of the City of Richfield, Minnesota this 22nd day of April, 1985. ATTEST: Thomas P. Ferber, City Clerk John. Hamilton, Mayor CITY OF RICHFIELD, MINNESOTA `7 F. Office of City Manager Council Letter No. 145 Agenda April 22, 1985 The Honorable Mayor and Members of the City Council City of Richfield Subject: Appointments to the 1985 Board of Equalization (Board of Review) Council Members: The city charter provides that the Local Board of Equalization shall consist of all the city council members and two Richfield residents experienced in real estate matters. The purpose of the Board is to hear appeals from property owners concerning their property taxes. Mr. Lawrence Emond and Mr. John Janski served on the Board of Equalization for the first time in 1983. They have both expressed a willingness to serve on the Board in 1985. Mr. Emond, 6325 Russell Avenue, has been an independent property appraiser for approximately ten years. His primary work involves conducting property appraisals for financial institutions. He is also experienced in building construction and has held a real estate license. Mr. Emond has been a Richfield resident for 25 years. Mr. Janski, 6500 2nd Avenue, has been a real estate appraiser for over 40 years and is a past president of the Minnesota Chapter of the American Institute of Real Estate Appraisers. He has been a Richfield resident for over 30 years. It is recommended that the city council approve the attached resolution confirming the appointment of Mr. Emond and Mr. Janski to the Board of Equalization. The Board of Equalization will meet at 7:00 p.m., Monday, June 3, 1985. Respectf y submitted, IL 4� John G. Cartw ght City Manager 0 JGC:sb RESOLUTION N0. `7 • RESOLUTION CONFIRMING CITY MANAGER'S APPOINTMENT OF TWO RESIDENT MEMBERS TO THE BOARD OF EQUALIZATION BE IT RESOLVED that the City Council of the City of Richfield hereby approves the city manager's appointment of Mr. Lawrence Emond and Mr. John Janski as 1985 resident members on the Board of Equalization as provided in Chapter 7 of the City Charter. BE IT FURTHER RESOLVED that compensation for the two resident members of the Board of Equalization be set at a minimum of $32.00 per session of the Board, or $13.00 per hour per session of the Board, whichever is greater. Passed by the City Council of the City of Richfield this 22nd day of April, 1985. John Hamilton Mayor ATTEST: Thomas P. Ferber City Clerk is APPENDIX E. CITY CHARTER _ CHAPTER 7 TAXATION AND FINANCES Sec. 7.01. Council to Control Finances. The council shall have full authority over the financial affairs of the City, and shall provide for the collection of all revenues and other assets, the auditing and settlement of accounts and the safekeeping and disbursements of public monies. Sec. 7.02. Fiscal Year. The fiscal year of the City shall be the calendar year. Sec. 7.03. System of Taxation. Subject to the state constitution, and except as forbidden by it or by state legislation, the council shall have full power to provide by ordinance for a system of location taxation. In the taxation of real and personal property as such, the City shall conform as fully as possible to the general state law as to the assessment of such property and the collection of such taxes. -�-- > Sec. 7.04. Board of Equalization. The board of equalization shall consist of the members of the council and two residents of the City appointed for a one year term by the City Manager and approved by the council. The two resident members shall be experienced in real estate matters and shall receive such compensation as the council may determine. The board of equal- ization shall equalize assessments of property for taxation purposes according to law: As soon as any real estate has been reassessed, the affected property owner shall be notified by the assessor of the amount of the change and the reasons therefor. Sec. 7.05. Preparation and Submission of Annual Budget. The City Manager shall, at a special budget meeting of the council on or before the first Tuesday in September, submit to the council a budget and an explanatory budget message in a form and manner as prescribed in Section 7.06. For such purpose and at such date as he shall determine, the City Manager shall obtain from the head of each department the character, object and details of proposed expenditures together with such other supporting data as he may request, including an estimate of all capital projects or capital expendi- tures which each department head considers should be undertaken in his department for the budget year and the next five years. In preparing the budget the City Manager shall review the estimates, shall hold hearings thereon and may revise estimates, as he may deem advisable. Sec. 7.06. Form of Annual Budget. The budget shall provide a complete financial plan of all funds for the budget year, which shall include: (a) A budget message,(b) A general summary, (c) Detailed estimates of all anticipated revenues applicable to proposed expenditures and (c) All pro- posed expenditures. The proposed expenditures shall not exceed the proposed revenues. The expenditures for general and special revenue funds shall be by organization unit or activity and shall be in parallel columns CITY OF RICHFIELD, MINNESOTA Office of City Manager Council Letter No. 144 Agenda April 22, 1985 The Honorable Mayor and Members of the City Council City of Richfield Subject: Award of Contract for 1985 Concrete Joint Resealing Project Council Members: On April 12, 1985, bids were opened for joint cleaning and resealing of the concrete surface of 76th. Street from Portland Avenue to 12th Avenue (1/2 mile). Nine bids were received for this work. The bid minutes and tabulations are attached for council review. An appropriation for this project is in the 1985 Street Division operating budget. Cleaning debris from the joints removes inflexible material that can cause the joint to erupt during times of expansion. After cleaning, the joints are resealed with material that expands and contracts with the pavement surface. This also will reduce water intrusion into the pavement base, which weakens the street surface. The low bid was submitted by P.N.L., Inc., of Hastings, MN. It is recommended that the City Council take the following action: 1. Accept the bid minutes; and, 2. Pass the attached resolution to award the contract to P.N.L., Inc., of Hastings, Minnesota in the amount of $36,451-50. Funds are budgeted for this street maintenance project. In 1984, one mile of streets was completed at a contract cost of $65,467.70. R pectfu bmitted, ohn G. Car right • City Manager RESOLUTION NO. 7E. RESOLUTION ACCEPTING BID AND AWARDING CONTRACT FOR JOINT CLEANING AND RESEALING WHEREAS, pursuant to an advertisement for bids for joint cleaning and resealing of non- reinforced concrete pavement on 76th Street between Portland Avenue and 12th Avenue, bids were received, opened and tabulated according to law; AND, WHEREAS, it appears that P.N.L., Inc., of Hastings, MN is the lowest responsible bidder; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield, Minnesota: 1. That the bid of P.N.L., Inc., of Hastings, MN for construction of the above - mentioned project with estimated construction cost of $36,451.50 is hereby accepted; 2. That the Mayor and City Clerk are hereby authorized to enter into a contract with P.N.L., Inc. of Hastings, MN in the name of the City of Richfield for such improvement according to the plans and specifications; 3. The City Clerk is hereby authorized and directed to return forthwith to all bidders the deposits made with their.bids, except that the deposits of the successful bidder and the next lowest bidder shall be retained until a contract has been signed. Passed by the City Council of the City of Richfield, Minnesota this 22nd day of April, 1985. ATTEST: Thomas P. rer, er, City Clerk • John. Hamilton,, Mayor CITY OF RICHFIELD Bid Opening April 12, 1985 Joint Cleaning and Resealing of Non - Reinforced Concrete Pavement BID No. 85 -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, sealed bids for Joint Cleaning and Resealing of Non - Reinforced Concrete Pavement, as advertised in the official newspaper on March 20, 1985. Present: Steven Devich, Administrative Services Director /Assistant City Manager Eileen Anderson, City Manager Representative Michael Eastling, City Engineer Thomas P. Ferber City Clerk The following bids were submitted and read aloud: 0 BIDDER r-� TOTAL BID Palda & Sons 5% $47,278.20 P. N. L., Inc. 5% 36,451.50 Concrete Curb Co. 5% 62,282.50 Arcon Construction, Inc. 5% 54.629.00 D. H. Blattner & Sons 5% 60,362.50 Progressive Contractors, Inc. 5% 66,622.50 Forby Contracting, Inc. 5% 49,625.00 Gannon Construction Corporation 5% 48,630.00 Great Lakes Contracting Corporation 5% 63,000.00 The City Clerk announced that the bids would be tabulated and considered at the April 22, 1985 City Council Meeting. Thomas P. Ferber;, Cit Clerk CITY OF RICHFIELD, MINNESOTA Office of City Manager Council Letter No. 143 Agenda April 22, 1985 The Honorable Mayor and Members of the City Council City of Richfield Subject: Award of Contract for 1985 Seal Coating Project Council Members: On April 12, 1985, bids were opened for the 1985 Seal Coating Project. This is the sixth year of a phased 10 -year program to seal coat all of the city's bituminous paved streets. An appropriation for this project is included in the 1985 Street Division budget. Attached is a map depicting the area to be seal coated in this phase of the work. The project boundary for 1985 is 66th Street on the north, Pleasant Avenue on the east, 76th Street on the south, and 135W on the west. The bid minutes and tabulations are attached for council review. Three bids were received for this work. Allied Blacktop Co. of Maple Grove, MN, submitted the low bid in the amount of • $73,060.80. The street sealcoating project is in the sixth year of a ten year cycle to sealcoat all asphalt streets. In 1984, 9.953 miles of streets were sealcoated. The 1985 estimated miles of streets to be sealcoated is 11,390. The cost per mile for 1984 and 1985 are: 1984- $6,459 1985- $6,414 It is recommended that the city council take the following action: 1. Accept the bid minutes; 2. Pass the attached resolution to award the contract for the 1985 Seal Coating Project to Allied Blacktop Co. in the amount of $73,060.80. The General Fund has allocated $100,000 for this street maintenance project. Additional costs in addition to the contract will include cost of force labor, materials, and bidding costs. Respectfully submitted, ohn G. ftwwr* t C ity Manager 7D,. L RESOLUTION NO. RESOLUTION ACCEPTING BID FOR • 1985 SEAL COATING PROJECT WHEREAS, pursuant to an advertisement for bids for the improvement of 11.39 miles of roadway in Richfield by seal coating, bids were received, opened and tabulated according to law; AND, WHEREAS, it appears that Allied Blacktop Co. of Maple Grove, Minnesota, is the lowest responsible bidder; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield, Minnesota: 1. The Mayor and City Clerk are hereby authorized and directed to enter into a contract with Allied Blacktop Co. in the name of the City of Richfield for the improvement of 11.39 miles of roadway by seal coating according to the plans and specifications approved by the City Council and on file in the office of the City Engineer. 2. The City is hereby authorized and directed to return forthwith to all bidders the deposits made with their bids, except that the deposits of the successful bidder and the next _lowest bidder shall be retained until a contract has been signed. Adopted by the City Council of the City of Richfield, Minnesota this 22nd day of April, 1985. ATTEST: homas P. Ferber, City Clerk 0 John Hamilton, Mayor • • • CITY OF RICHFIELD Bid Opening April 12, 1985 Bituminous Seal Coat Construction Bid no. 85 -8 7D-3 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, sealed bids for a Bituminous Seal Coat Construction. Present: Steve Devich, Adminstrative Services Director /Assitant City Manager Eileen Anderson, City Manager Representatve Michael Eastling, City Engineer Thomas P. Ferber, City Clerk . The following bids were submitted and read aloud: BIDDER Allied Blacktop Co. Bituminous Roadway, Inc. Buffalo Bituminous TOTAL BID 5% $ 73,060.80 5% 78,971.50 5% 80,607.90 The City Clerk announced that the bids would be tabulated and considered at the April 22, 1985 city council meeting. Thomas P. Ferber, City Clerk u L Q. C co O U JO a) N b 01 • N N N fIl N •h I N ~ N G D, £2 1 O = - SIONVIS i z 17]�r L_L y w Ii l2 r I =SI N Vl H N N N N N N Z 4102 I J w e 4761 MOl13dON01 - - L______- _' -____ 3AV aV030 �— 1� .— r__ ---- -.2I3a---- M0113jM ��.' �_ �, �-= ��- �+.- -� -3AV aV030 4491 r— i VI BI i 4491 -- ���. -i'.;� -��_. j 4191 NOlONlw0019 y���.� — �L�'- -'- - -� J`—�L— 1 NOlONIw00-18 91 41 Of 44 S1 48 21 I ` �—• a rte-, (�_—�� (�� u L—— r. =, ^. -��I r=-^ —J ���� 47 21 4601I,rJ IL -L� L�'L —�'_ -- vJ01 101113 OOV71H7 I`� u j ^ � r —r1I! O0v01HO Snownl07 snow ma7 Xavd L-- ���-- J�-- !L— ��Jh- l��Jl���j ��1' xaVd ONV1Xtla i �_ 77 11 61.' 7-7 '3AV ONV11a0d I � — 11— �-- ,— �-, --1 -3AV pNPlligd L= 469 NO1N117 U �•d �' ' I II NO2Nr17 SN3A31s isl I iI�J��Ii SN3A31S '3AV 1311071N. u ��— �� —� I� �+ '3AV 1311071N 113 0 51 0 18 �� II `��} � t 113051019 HlaOM1N3M , �I �J HIWOANIN31A Aanss111d I' ii �� —' •1�- - �' -���^� ��- -f1 AanBSllld 1NVSV31d 1 NVS 7 l 3 d ONtltla I � � ..lr� 131aavH a131davO '3AV 31VONAI �(�"'�/ \l`1 I'. '3AV 31vONA1 H71ao1v 1NVAae 1,� 1 Xajl07 1 1 XVd IOC INOdna \J - °�� 1NOdna NOSa3w3 3 J 1NOw3ad y ^���l"i ,� Nosa3w3 oavaIv UlOw3a! aaval9 Ia106wnN'!f— 10109 n S3wv _— �� —�- -- L ONIAtlI t' XONX _J —'''.0 '`�r� '__ t 53wvr NV901 -- ��. i1 "Oa0wIi NVOaOw NOlM3N Ol M3N -- .� - - -J' �r��� _— �"..., ! ^I ^I �:I N — j a 83A110 3AI10 '3AV NN3d _ - _— _-- _� - -__ '_ - __— __ - - -- •—•�'1 tlfl '3AV NN3d N331110 1135Sna 1 11355 na Nvma3HS }:, NVOIa3HS svwowi ==j svwOHl NOldn —__ _ _ I ��_ J,_� _ t 1N33NIA NanBHSOM - '� a'+W .J NMnBNSVM 3AV S3Xa3x '3A1 s3xa3x 7D- w w -f-j i-' ro Jv G Q U Vn to to N fu M U U 1 1 l 1 I 1 x -1 • CITY OF RICHFIELD, MINNESOTA Office of City Manager Council Letter No. 142 Agenda of April 22, 1985 The Honorable Mayor and Members of the City Council City of Richfield Subject: Revised Off- street Parking Layout for Bloomington Honda Project at 400 West 78th. Street. Council Members: On December 17, 1984, the city council approved a special use permit for J.H. Motors to allow new and used car sales and service facility at 400 West 78th Street. The request before the council is the approval of the off - street parking layout and the off- street parking agreement. Subsequent to the city's approval of the special use permit, the applicant has made some minor changes to the site plan. These minor changes include relocating the parts receiving loading dock from the west side of the building to the north side of the building, changing the layout of parking stalls, and enclosing the area at the entrance to the service area which was previously covered by a canopy. In staff's opinion, the changes are improvements which provide better on site traffic circulation and would provide a slight increase in the number of parking stalls on the site. It is recommended the council approve the off - street parking layout and authorize the execution of an off - street parking agreement by passing the attached resolution. JGC /eja • R pectfu y bmitted, f oh.n G G. Cart ight City Manager RESOLUTION NO. 7 RESOLUTION APPROVING LAYOUT AND CONTRACT FOR OFF- STREET PARKING Name: J.H. Motor, Inc. Address: 8030 Humboldt Avenue South Bloomington, MN 55431 Location: 400 West 78th Street Use: New and Used Car Sales and Service Facility BE IT RESOLVED by the City Council of the City of Richfield, Minnesota, as follows: 1. That the proposed geometric layout of the off - street parking is hereby approved subject to and upon completion of performance of the contract for such off - street parking as hereinafter authorized. 2. That the proposed off - street parking contract for the improvement of said off- street parking, be placed on file and that the manager be authorized to sign said contract and the clerk be authorized to seal the same for and on behalf of this city. 3. That the off - street parking operator provide the City of Rich.fiel.d with Surety in the form of cash, passbook saving withdrawal authority, or performance bond in an amount to be determined by the community development director and city manager, to ensure that off - street lot is constructed within the terms and regulations of the Off- Street Parking Agreement. 4. That responsibility for the property upkeep and maintenance of said Off- Street Parking lot shall remain the responsibility of the off - street parking lot operator in accordance with Ordinance Code 4.05. Adopted by the city council of the City of Richfield this 22nd day of April, 1985. ATTEST: Thomas P. Ferber, City Clerk 40 John Hamilton Mayor r I/ W 77th, ST. N 134.27 — EMPLOYEE PARKING 37 UNITS .3 .N I!IIII.. roc EXISTING BUILDING USED CAR SALES NEW CAR ST RAGE. r - - --- CJ al USED CAR SALES +- ' : � I_47 UNITS e _ PRO SED PARTS I o�Z 182.88 / 71,f61,11111111t1��� \�� 13 � 5 USED CAR SALES 47 SITE DATA ` SERVICE /EMPLOYEE 87 TOTAL SITE I NEW CAR STORAGE w 48 285 90 FT 81 UNITS BUILDING COVERAGE SERVICE /EMPLOYEE 28, FT' 18,6% Sv S 30 (EXISTING 4,000 00 SO FT) I OFFICE I SERVICE WRITE -UP 87 UNITS - -• (NEW 24,972 S0 FT) 8 30 UNITS a PARKING & DRIVES 8 UNITS - TOTAL CAR PARKS c 86,744 SO FT 57.8% ..Z4 1 GREEN —_ — 33,888 SO FT 22.7% UI DING_. u i 9h-o --� PARKING RECAP NEW CAR STORAGE 81 EMPLOYEE 37 j \\ J V�TCPICwL�_ 17 i N ll l n PROPOSED SITE PLAN W 781h. ST, PROPOSED SITE PLAN I I SHEET BLOOMINGTON HONDA 1 o, USED CAR SALES 47 ` SERVICE /EMPLOYEE 87 SERVICE /EMPLOYEE CUSTOMER SALES 30 CUSTOMER SALES ~' I OFFICE I SERVICE WRITE -UP 87 UNITS - -• SERVICE WRITE -UP 8 30 UNITS 8 UNITS - TOTAL CAR PARKS 270 ..Z4 1 —_ — SHOWROOM ' �--r -- — "1 - -. j \\ J V�TCPICwL�_ 17 i N ll l n PROPOSED SITE PLAN W 781h. ST, PROPOSED SITE PLAN I I SHEET BLOOMINGTON HONDA 1 o, • C CJ � r 1 -7e- y -� I jr- PR=;F0uo MM YLAN DRANO m y cil D O e f ~O #� 37 oop D • ;oa•a n 'n n � o o °oo o' °o DRANO m y %7B- J CITY OF RICHFIELD, MINNESOTA Office of City Manager Council Letter No. 141 Agenda April 22, 1985 The Honorable Mayor and Members of the City Council City of Richfield Subject: Award of Contract - Sale of City Equipment Council Members: The city has a 1963 Rex DS47 Pulvi Mixer with In -Line Series 71 Detroit Diesel Engine and a 1972 Rex HDS -EAW Pulvi Mixer with In -Line Series 71 Detroit Diesel Engine. As these pieces of equipment are no longer used to any great extent, the determination was made to eliminate them from the inventory. Prior to the time the streets were permanently improved, each year a portion of the city's streets were torn up, winnowed, graded and oiled. These pieces of equipment were used for that process. They were also used for some alley resurfacing up • through 1975. Since that time, they have been used only on occasion, and there is other city equipment available to use in place of them. On April 1, 1985, bids were opened in accordance with legal requirements for the sale of these items. A copy of the bid minutes and tabulation is attached for council review. One bid was received in the amount of $750 for the 1963 Rex Pulvi Mixer and no bid was received for the 1972 model. It is the opinion of staff that the two units would bring a greater return than the bid amount if they were used for trade -in items on other purchases. It is recommended the city council reject the bids received April 1, 1985 for the two city -owned Rex Pulvi Mixers. JGC /eja 0 R e //ctful s mitted , ohn G. Cartw ght City Manager • • • CITY OF RICHFIELD Bid Opening April 1, 1985 1963 Rex Pulvi -Mixer 1972 Rex Pulvi -Mixer 76-z 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, sealed bids fora, 1963 Rex Pulvi -Mixer and a 1972 Rex Pulvi -Mixer as advertised in the request for proposals. Present: Steve Devich, Administrative Services Director /Assistant City Manager Eileen Anderson, Administrative Assistant to City Manager Thomas P. Ferber, City Clerk The following bids were submitted and read aloud: BIDDER AND BID SECURITY 1963 Rex Pulvi -Mixer 1972 Rex Pulvi -Mixer City of Montevideo $750 11row'-wo I The City Clerk announced that the bids would be tabulated and considered at the city council meeting. Thomas P. Ferber, City Clerk CITY OF RICHFIELD, MINNESOTA • Office of City Manager Council Letter No. 140 Agenda April 22, 1985 The Honorable Mayor and Members of the City Council City of Richfield Subject: Purchase in Excess of $5,000 Council Members: The city council policy resolution on purchasing provides that when the purchase of merchandise, materials, equipment or construction exceeds the amount of $5,000, the authority to purchase shall be submitted to the city council for considera- tion. There are five such items on the April 22 agenda. Fourth of July Fireworks There are two firms in the metropolitan area that sell fireworks and provide the staff to do the display. One of the firms, Americana Fireworks, provides a better show in the staff's and Fourth of July Committee opinion, and has been used for the Richfield Fourth of July Celebration fireworks for the past three years. Americana has submitted a contract in the amount of $5,400 to provide the fireworks for the Fourth of July Celebration in 1985. This cost is the same as in 1984. In 1982 and 1983, the cost was $5,000. It is recommended that the city council authorize the city manager to execute a contract with Americana Fireworks in the amount of $5,400 to provide the fireworks for the Fourth of July Celebration in 1985. Trees The city obtained quotations for trees to be planted on city property in the Spring of 1985. The species specified were Skyline Honeylocust, Sugar Maple, Hackberry and American Linden. The proposed purchase from one vendor exceeds $5,000, thereby requiring council approval. The following is a comparison of quotes: 0 • Type of Material: Vendor MN Valley Wholesale Minnesota Tree, Inc. Hartman Tree Farm Bachman's Dundee Nursery Wilson Nursery Type of Material: Vendor MN Valley Wholesale Hartman Tree Farm Greenworks Inc. Bachman's Dundee Nursery Wilson Nursery Type of Material: Vendor MN Valley Wholesale Bachman's Dundee Nursery Wilson Nursery -2- Skyline Honeylocust Unit Amount Comments $ 83-50 7A— lo $ 55.00 Limited Quantity $ 69.00 Poor form $ 72.00 Recommend 25 $115.00 $ 65.00 Poor form Sugar Maple Unit Amount Comments $115.00 $ 78.00 Poor form $ 85-00 $ 79.00 Recommend 75 $145.00 $ 74.95 Not available Hackberry Unit Amount Comments $ 77.00 $ 72.00 Recommend 50 $121-00 $ 72.00 In Pine City The total recommended purchase from Bachman's includes 50 Hackberry @ $72.00, 75 Sugar Maple @ $79.00, 25 Skyline Honeylocust @ $72.00 and one Crimson King maple tree at $86.00 for a total purchase price of $11,411.00 It is recommended the city council authorize this purchase. Restroom Remodeling Through a Community Development Block Grant funded project, the city has been making various improvements for handicapped accessibility to and in various city buildings. One of these improvements is the remodeling of the restrooms and the lowering of the drinking fountain at the Wood Lake Nature Center. Two quotations were received from this work. Maertens- Brenr.y Construction Company quoted $6,340, and Mikkelson -Wuff Construction, Inc., quoted $6,082. It is recommended the city council authorize the work to be performed by Mikkelson -Wuff Construction, Inc. in the amount of • $6,082. -3- t 7A.3 Patch for Sealcoating 40 Each year, as part of the sealcoating project, the city crews clean and patch those streets scheduled for sealcoating by contract. Two quotations were obtained for the materials needed in the patching operation. Vendor Material Unit Price McNamara Vivant Driveway Mix $24.75 2341 Hiway Mix $22.50 SSI Tack $ 6.00 Commerical Asphalt Driveway Mix $19.05 2341 Hiway Mix $18.93 SSI Tack $ 4.00 It is recommended the city council authorize the master purchase of an estimated 100 ton driveway mix, 200 ton 2341 hiway mix and 200 gallons SSI tack from Commercial Asphalt Company for an estimated total purchase price of $6,491. Patch for Alley Maintenance The alley maintenance special assessment project includes patching of those alleys that have not been improved. The material used in the patching is a cold mix. It may be necessary to patch certain alleys, or portions thereof, several times a summer. There is only one company that makes cold mix during the summer. Other vendors have the material available for the winter months, but not for the summer. It is recommended the city council authorize the master purchase of an estimated 150 ton cold mix, delivered, from McNamara - Vivant at a unit price of $38.50 /ton for an estimated total purchase of $5,775. JGC /eja pReectful s ittedG. Cart ' ght City Manager • • • :;q.. CITY OF RICHFIELD, MINNESOTA Office of City Manager The Honorable Mayor and Members of the City Council City of Richfield Subject: Status Report Enterprises on Hall Site Council Members: Council Letter No. 139 Agenda April 22, 1985 by a Representative of Webb Plans to Develop the Robert On Monday, April 15, 1985, the City Manager talked with Mr. David Webb of Webb Enterprises about his plans for a restaurant at the Robert Hall site. Mr. Webb said that they are negotiating with Collins-Food Company of Los Angeles, California, for the restaurant theme (1950's family restaurant) design rights. The architect for Webb Enterprises will be at the city council meeting to report on the status of this project. JGC /eja jhn Res ectful itted, G. Cartwr' t City Manager • • CITY OF RICHFIELD, MINNESOTA Office of City Manager Council Letter No. 138 Agenda April 22, 1985 The Honorable Mayor and Members of the City Council City of Richfield Subject: Proclamation Designating May 5 -11, 1985 as Small Business Week in Richfield Council Members: The Richfield Chamber of Commerce has requested that the City Council honor the small businesses in the City of Richfield by designating May 5 -11, 1985, as Small Business Week in Richfield. Attached to this council letter is a proclamation to be presented to the Chamber President, Wayne Leboeuf, at the April 22, 1985, city council meeting. JGC /eja Respectfu t bmitted, v hn G. Carght City Manager • -# Y. z PROCLAMATION DESIGNATING MAY 5 -11, 1985 SMALL BUSINESS WEEK IN RICHFIELD WHEREAS, free enterprise is the foundation of a community, and, WHEREAS, the many small businesses in the City of Richfield comprise the backbone of the Richfield business community and provide numerous services to its residents, and, WHEREAS, these small businesses actively promote the City of Richfield and through their participation in civic organizations are involved in many volunteer projects that benefit the citizens of Richfield. NOW, THEREFORE, BE IT RESOLVED that the Richfield City Council in cooperation with the Richfield Chamber of Commerce does extend its thanks and appreciation to the many small businesses in the city and does hereby proclaim the week of May 5 -11, 1985, as SMALL BUSINESS WEEK IN RICHFIELD and do urge all citizens of Richfield to support these enterprises. DONE "this 22nd day of April, 1985• • 0 John Ramilt3n Mayor 0 0 • CITY OF RICHFIELD, MINNESOTA Office of City Manager Council Letter No.136 Agenda April 22, 1985 The Honorable Mayor and Members of the City Council City of Richfield Subject: Presentations of Certificates of Appreciation to Outgoing Members of the City's Advisory Boards and Commissions Council Members: The city council appreciates the time and efforts expended by persons willing to serve on city advisory boards and commissions. Certificates of Appreciation for all outgoing members of the various city boards and commissions have been prepared for presentation at the April 22, 1985, city council meeting. This time of special recognition provides an opportunity for city council members on behalf of the community to personally extend their thanks and appreciation to these volunteers. Certificates have been prepared for the following persons: Advisory Board of Health Robert Diet 1 term Lorita Wenzlaff (1 term) Steven Nelson (1 term) Human Rights Commission. Nancy Lindberg 2 terms) Joanne Wilmes (1 term) Diane Healey (1 term) Planning Commission Allan Anderson (1 term) Charter Commission John Landers 2 terms) Community Services Comm David Giese (1 term) Dave Dunham (2 terms) Gene Stelman (1 term) Michael Sandah.l (1 term) Senior Citizens /Hand. Frank Anderson 2 terms) Mr. Allen Anderson and Ms. Diane Healey have indicated that they will be unable to attend this presentation. The other 11 persons will be in attendance at the April 22, 1985 city council meeting to receive their certificates and a paperweight as a memento of their service to the City of Richfield. • is -2- xa -Z Plans are underway for next year to recognize advisory board and commission members with an appreciation dinner during the month of January. It is hoped this appreciation dinner will become an annual tradition. JGC /eja Re ectfu ly bmitted, r o h G. Cart ight City Manager