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06-10-85 agenda0 CITY OF RICHFIELD, MINNESOTA Office of City Manager Council Letter No. 237 Agenda June 10, 1985 The Honorable Mayor and Members of the City Council City of Richfield Subject: Presentation of Award for Distinguished Budget Presentation from Government Finance Officers Association (GFOA) Council Members: Richfield was recently notified that the City has earned an Award for Distinguished Budget Presentation from the GFOA. This award is the highest form of recognition in governmental budgeting and is being awarded for the first time in 1985. Its attainment represents a significant accomplishment by the management and elected officials of Richfield. To receive the award, governments submit their budget document for a review by a panel of independent; budget experts. Reviewers evaluate the effectiveness of the budget as: o A policy document o An operations guide o A financial plan o A communications document Only 78 organizations have received the Award for Distinguished Budget Presentation on a national basis to date. Winning entries represent truly pioneering efforts to improve the quality of budgeting and provide excellent examples for other governments and non - profit organizations throughout North America. Thus, Richfield continues to be a leader in the field of municipal government, with the City's budget document nationally recognized for its excellence. Additionally, Richfield has earned the GFOA Certificate of Conformance in financial reporting for 1976, 1978, 1981 and 1982. This certificate is awarded for meeting all GFOA conformance standards in Richfield's comprehensive annual financial report. Awards by the GFOA for the Certificate of Conformance and Distinguished Budget Presentation are earned by relatively few • cities. Richfield was the first Minnesota City to earn the -2- Award for Distinguished Budget Presentation and remains one of only a handful of Minnesota cities to have earned the award. • Similarly, Richfield was one of only twenty -four cities to earn the Certificate of Conformance for our 1982 annual financial report. It is recommended that this presentation be made to the City Manager at the June 10, 1985, City Council meeting for this Citywide accomplishment. It should be noted that many staff members, as well as the elected officials, contributed to the production of the annual budget. Additionally, recognition should be given to the Department Heads with the excellent financial assistance of Jean Mitchell, Finance Manager, for attaining this award. JGC:sb 40 is S;z�cere1y /, Bohn G, Xar wrlg City Manager r1L w 71)2j- / CITY OF RICHFIELD, MINNESOTA Office of City Manager Council Letter No. 236 Agenda June 10, 1985 The Honorable Mayor and Members of the City Council City of Richfield Subject: Request By Korner Plaza for a Permit for Temporary Banners Korner Plaza, located at 68 West 66th Street in the Hub Shopping Center, has requested an advertising permit to display temporary pennants during a major sale event. The pennants are 3' X 5' flags and would be in use from June 6th, 1985 through July 5th, 1985. The municipal code of ordinances provides that the city council must approve the display of temporary pennants (flags). According to the inspection division, the pennants conform to the ordinance requirements, and it is recommended that the city council approve the permit for these temporary pennants for the 40 period of June 6 through July 5, 1985• Re pectf 1 omitted, John G. Car ri t City Manager JGC /eja • • • May 09, 1985 Mr. Sivert Hendrickson City of Richfield 6700 Portland Avenue South Richfield, Minnesota 55423 Dear Mr. Hendrickson: Enclosed is our application for a, temporary sign permit. We have six. "SALE" flags that we would like to hang in front of our store during a major sale event from June 6th, 1985 thru July 5th, 1985. These flags are 3' X 5' and are mounted on 6' aluminum poles. The poles are mounted in a flag bracket 7Y above the road. Thank you for your assistance. GT /jp encl. Sincerely, KORNE Gordon Torgerson Controller AM I-A KORNER PLAZA, INC* 66TH & NICOLLET AVE. S. MINNEAPOLIS, M!NN. 55423 (612) 866 -5071 • • May 09, 1985 Mr. Sivert Hendrickson City of Richfield 6700 Portland Avenue South Richfield, Minnesota 55423 Dear Mr. Hendrickson: Enclosed is our application for a, temporary sign permit. We have six. "SALE" flags that we would like to hang in front of our store during a major sale event from June 6th, 1985 thru July 5th, 1985. These flags are 3' X 5' and are mounted on 6' aluminum poles. The poles are mounted in a flag bracket 7Y above the road. Thank you for your assistance. GT /jp encl. Sincerely, KORNE Gordon Torgerson Controller AM I-A J : L ' I i� j� City Manager + ' ,Y ~ -J u L : ��+�--- •.._/ /I �La Inspector - Date Date f APPROVE '� `D:.r.�.� �/ .�-� �` �� - i APPROVE a DEA'YFri =�' a Planning Department -'City.- Council. C ---- - -` =Y Date = +c.�c -� - -- . .. ._ + Date... Route to above for special approval per code• { General Signs APPLICATION FOR ADVERTISING PER24IT City of Richfield. Minnesota Date 9 8_Zoning Sign Erected - Yes No �� Fee Address of Sig 4.,W)riel/Proprietor Name 4&- K =^- DBA Sign Erector Address Type of Sign Design Weather Cover Lightinz all Projecting Ground Roof Pedestal Changeable Temporary Trailer Illuminated - Yes / No r- lectrical Contractor Single Face Double Face Multi -Faced Aerial /Blimp Searchli h Banne e Portab a Frame: Portab� T O A D Post o. Watts Clear Lexon Frosted Lexon Plastic Covered Shaded Neon Other Sign Colors Address Phone Constant Flashing Revolving Traveling Zip-Lite Other(Explain' Property Owner or his Agent Signature &oy%e *' /l�'�h�7 r Phone Estimated Cost 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? Vo f Will the sign, tructure, or billboard restrict any sight distance under, ad. or over roun for sa a acces y persons destined for or passing the subject premises? G App icant's SiV6ture and Title with Firm p� Date Phone Number Q�p(p • 8 �%3� ..t 8/83 PLEASE SEE REVERSE SIDE FOR SIGN LOCATION SKETCH Sivert Hendrickson /Building Official - 866 -5061 �~ CITY OF RICHFIELD, MINNESOTA Z`� Office of City Manager Council Letter No. 235 Agenda June 10, 1985 The Honorable Mayor and Members of the City Council City of Richfield Subject: Appointments to The Strategy on Aging Task Force Dear Council Members: At the May 20th HRA meeting, Connie Hoverson, Dave Siburg, and Barbara Lukermann of the U of M Humphrey Institute presented their draft report.entitled "A Local Strategy On Aging: Richfield's Opportunities ", to the HRA, Senior Citizens/ Handicapped Commission, City Council and Planning Commission. The report is an analysis of demographics, housing, housing services and policies regarding the elderly in our community. . The analysis traced the growth of our elderly population through the year 2000 and indicated it would increase significantly. The increase has implications for housing and support services designed to facilitate independent living. Upon conclusion of the presentation and discussion, the HRA adopted a motion supporting the joint HRA, Senior Citizen/ Handicapped Commission, Planning Commission and City Council promotion of a task force. Each group would select two of its members to serve on the task force. The group would review the report, hopefully formulate questions regarding future directions, and devise a strategy in response to the questions. A tentative work program would be established prior to August 12th and recommendations would be ready by January, 1986. It is recommended that the City Council select two of its members to serve on the Strategy On Aging Task Force. Re pectfu bmitted, ohn G. Cartwrig City Manager JGC /eja 0 CITY OF RICHFIELD, MINNESOTA�� —! Office of City Manager Council Letter No. 234 Agenda June 10, 1985 The Honorable Mayor and Members of the City Council City of Richfield Subject: Purchase of Property, 6315 Portland Avenue South Council Members: Over the years the city has been acquiring property along Legion Lake on Portland Avenue for park purposes. On May 13, 1985 the city council authorized negotiations for purchase of 6315 Portland Avenue for park purposes. The attached sketch indicates the property under discussion. An independent appraisal estimated the market value at $85,000. The Hennepin County Assessor estimated the market value at $82,000. It has been agreed that the city would pay $78,400 for 6315 Portland Avenue. The purchase price provides that the present owner of the property may remain rent free in the house for one year from the date of closing. The present owner has waived relocation. The Community Services Advisory Commission has recommended purchase of the property. The Planning Commission found the acquisition to be in conformance with the city's comprehensive plan and recommended in favor of the acquisition. Therefore, it is recommended that the city council approve the acquisition of property at 6315 Portland Avenue for park purposes at a total purchase price of $78,400 from the Legion Lake project. JGC /eja Re ectfu1�ry 's fitted , 4oh4nG. Cart rig City Manager • 424LI CITY OF RICHFIELD, MINNESOTA Office of City Manager Council Letter No. 233 Agenda June 10, 1985 The Honorable Mayor and Members of the City Council City of Richfield Subject: Appointments to City Advisory Boards and Commissions Council Members: There are currently two vacancies on the Advisory Board of Health and three vacancies on the Human Rights Commission. On June 4, 1985, the city council interviewed applicants who wish to be considered for appointment to one of these advisory commissions. Advisory Board of Health Margaret DaWald, John McElmurry, Holli Rietmulder, Susan Rosenberg, and Larry Sleicka. The resolution establishing the Advisory Board of Health provides that there be an even distribution of members according to these three categories: health care providers; consumers representing community organizations; and, consumers representing a balance of the community. In order to keep a balance on the commission, it.is recommended that council members consider appointing persons in the "consumers representing community organizations" category. The representation of current members and applicants is as follows: Health Care Consumers Repr. Consumers Repr. Providers Community Org. Community Current Membership Jane Myre Gilbert Nevious Jeannette Lofstrom Lia Ozols Marion Boehnke Mary Brekke Martin Kirsch Anne Kinley Joan Pelfrey Carol Olson n -2- Applicants for 2 Vacancies aya The five applicants, based upon the information provided in their applications, could be appointed as a person representing one of the two categories listed below: Health Care Providers: (1) Margaret DaWald (2) John McElmurry (3) Larry Sleicka Consumers Representing Community Organizations: (1) Holli Rietmulder (2) Susan Rosenburg Human Rights Commission Although there are three vacancies on the Human Rights Commission, only one person has applied at this time. A copy of the application of Carole Rud is attached to this council letter for council consideration. These appointments have been scheduled for council consideration at the June 10, 1985, city council meeting. JGC /eja Res ectfu s omitted, r? John G. Cartwr' h City Manager • • CITY OF RICHFIELD COMMISSION /COMMITTEE APPLICATION FORM NAME N.tllr Last irst Middle i, e r• itorb'i1J i• 1. s S PHONE Home Business „ T��1 APPOINTMENT PREFERENCE: Advisory Board of Health V Human Rights Commission Civil Service Commission Planning Commission Community Services Commission Senior Citizens /Handicapped Energy Awareness Commission Commission Fourth of July Committee Sister City International Other Briefly list aspects of your experience which you believe qualify you for this advisory commission and why you are interested in serving: .. U OCCUPATION: i Return to City Manager's Office, 6700 Portland Ave., Richfield, MN 55423 Complete in Black Ink or Typewriter a k �a� �avuu � .�� ,n� iz .��• E s��te , • DATE 4 -23 -85 CITY OF RICHFIELD COMMISSION /COMMITTEE APPLICATION FORM NAME T Last First Middle HOME ADDRESS 6308 Dupont Ave. S. ff103, Richfield, MN 55423 PHONE Home g61 -7376 Business APPOINTMENT PREFERENCE: Advisory Board of Health X Human Rights Commission _ Civil Service Commission Planning Commission Ccmmunity Services Ccmtnission Senior Citizens /Handicapped Energy Awareness Commission Commission Fourth of July Ccmittee Sister City International Other av -� Briefly list aspects of your experience which you believe qualify you for this advisory commission and why you are interested in serving: I am interested in promoting healthful ideas in general, sbecifically protection from hearing loss and noise damage. Because I have worked around hearincr -mired people ranging in age from birth to 100 years old, I am extremely aware of the Mmedical and psychological effects of hearing loss. I would like to help contribute towards creating a better way of life for our ccm=ity. CIVIC, PROFESSIONAL AND COMMUNITY ACTIVITIES: • -American Speech- Hearing - Language Association Channel 11 Health Fair REFERENCES (OPTIONAL) Dr. Patrica Kricos, Univ. of FL, Gainesville, !T7- Dr. 1,Tilliam Cutler, Vetrans Administration Medical Center, Gainesville, FL OCCUPATION: AUDIOLOGIST Return to City Manager's Office, 6700 Portland Ave., Richfield, MN 55423 Complete in Black Ink or Typewriter • is • DATE CITY OF RICHFIELD COMMISSION /COMMITTEE APPLICATION FORM NAME �� ► HOME ADDRESS ( 0 �� (� — S }- 4 vlQ SO PHONE Home 5(0 Business 3 APPOINT14ENT PREFERENCE: Advisory Board of Health Civil. Service Commission Community Services Commission Energy Awareness Commission _ Fourth of July Committee e Human Rights Commission Planning Commission Senior Citizens /Handicapped Commission Other Briefly list aspects of your experience which you believe qualify you for this advisory commission and why you are interested in serving: cL CIVIC, PROFESSIONAL D COMMUNITY ACTIVITIES: REFERENCES 10 6Qr Com�Ul)rty , REFERENCES (OPTIONAL) OCCUPATION: Return to City Manager's Office, 6700 Portland Ave., Richfield, MN 55+23 Complete in Black Ink or Typewriter DATE CITY OF RICHFIELD COMMISSION /COMMITTEE APPLICATION FORM �SL N �'� fir- Uy� N� T)tR -!V E NAME Last First Middle HOME ADDRESS PHONE Home Business APPOINTMENT PREFERENCE: Advisory Board of Health 1 Human Rights Commission Civil Service Commission Planning Commission Ccmunity Services Commission Senior Citizens /Handicapped Energy Awareness Commission Commission Fourth of July C=- *Lttee Sister City International Other Briefly list aspects of your experience which you believe qualify you for this advisory commission and why you are interested in serving: ��0911C JD CIVIC, PROFESSIONAL AND COMMUNITY ACTIVITIES: S" - � � /V R ,ENCES (OP 0 ,j�,4�eor�'1 OCCUPATION: r� Return to City Managers Office, 6700 Portland Ave., Richfield, MN 551423 Complete in Black Ink or Typewriter L/cilL. i-iylJill. 1�, 1.jU� CITY OF RICHFIELD COMMISSION /COMMITTEE APPLICATION FORM 0 NAME Slepicka Dr. Larry James Last First Middle • • HOME ADDRESS 7004 Irving Ave. South Richfield PHONE Home 866 -8229 Business 348 -4600 ext. 123 APPOINTMENT PREFERENCE: Advisory Board of Health XX Civil Service Commission Community Services Commission . Energy Awareness Commission Fourth of July Committee Human Rights Commission Planning Commission Senior Citizens /Handicapped Commission Sister City International_ Other a9 -7 Briefly list aspects of your experience which you believe qualify you for this advisory commission and why you are interested in serving: 1) Practicing Dentist for 5 years 2) Foapi .a 1 Dental residency program for 1 year at the Niol V A Hospi ta_1 3) Nursing Home experience during Dental School 4 ) Teaching Fxx eri ence at the University of Minnesota Dental School_ and N.C.T.I. (a Vocational Institute in Waasau, Wisconsin) T wish to become more ctive in local civic activities T also wish to do ttat I can to continue to make Richfield a wonderful community. CIVIC, PROFESSIONAL AND COMMUNITY ACTIVITIES: 1) Dental Clinic Director: Pilot City Health Center which is a community based, County supported, and outpatient clinic that is located in north Minneapolis. 2) Attend Grace Church of Richfield REFERENCES (OPTIONAL) 1) Dr. Gary Stone 5004 15th Ave. South Mpls, Mn. 823 -9124 2 ) Jean Blinkenberg 5n1,35th A r- sn uth nr i ,; , mn _ F54i7 (former Richfield resident) OCCUPATION: Dentist Return to City Manager's Office, 6700 Portland Ave., Richfield, MN 55423 Complete in Black Ink or Typewriter DATE 4 -22 -85 CITY OF RICHFIELD COMMISSION /COMMITTEE APPLICATION FORM 0 NAME RUD CAROLE J Last First Middle HOME ADDRESS 6445 Irving Avenue PHONE Home 866 -2973 APPOINTMENT PREFERENCE: Advisory Board of Health Civil Service Commission Community Services Commission Energy Awareness Commission Fourth of July Committee Business 375 -3027 Human Rights Commission xx Planning Commission. Senior Citizens /Handicapped Commission Sister City International Other Briefly list aspects of your experience which you believe qualify you for this advisory commission and why you are interested in serving: I deal with the public every day at work. I have experienced discrimination first hand, because of gender and status. I am a strong supporter of ERA, equal rights for all minorities. I'm fairly well informed on the issues. Took classes in Life and Growth At CHART last spring. CIVIC, PROFESSIONAL AND COMMUNITY ACTIVITIES: Attend workshops sponsored through Alfred Adles, Inc. whenever possible. At present I am a supporting member of NOW. I have canvassed for my senator/congressman in Efteir iast e ec ion times. I spo e Tor issues important to me at the last DFL caucus. Human rights are a persons most vaiued possession anZI ac ievemen t (so tar) REFERENCES (OPTIONAL) Louanne Replogle - 3600 17th Avenue 724 -8281 Suzanna Sandman 6598 Hoka, Lino Lakes OCCUPATION: Visual Presentation - Dayton Hudson 700 on the Mall - 11 years Return to City Manager's Office, 6700 Portland Ave., Richfield, MN 551423 Complete in Black Ink or Typewriter • 0 0 CITY OF RICHFIELD, MINNESOTA Office of City Manager The Honorable Mayor and Members of the City Council City of Richfield j4' P3 Council Letter No. 232 Agenda June 10, 1985 Subject: Request for Permit for Illuminated Sign. Naegele Outdoor Advertising has requested an advertising permit to change the existing "Lindahl Olds" copy to "Wally McCarthy's Olds ", on the existing structure. The sign will be a flashing neon sign, and will be located at Wally McCarthy's Olds, 1900 West 78th Street. The proposed sign will measure 3' X 101. The Inspection Division finds this sign to be non - conforming based on City Ordinance 3.49, subd. 9 and possibly 3.48(4). Section 3.48( 4) : There shall be no use of revolving beacons, zip flashers, flashing signs or similar devices that would distract automobile traffic as to constitute a safety hazard. The illumination of any sign located near a residential district shall be diffused or indirect and located so as not to direct light on residences. No flashing sign shall be located in such close proximity to residences or residential property as to constitute a nuisance to persons residing on such property by reason of the flashing of the lights in such sign. Section 3.49(9): Signs Along Freeways. Except as otherwise provided in t is part, 5111b s shall no be closer than 660 feet from the right -of -way of any freeway within the city (including Highways 35 -W, 494, 62 and 77). No "traveling" or changing message signs shall be located so as to face any freeway or be visible from the freeway. Any billboard legally located within 660 feet of any such freeway at the time of adoption of this provision may be replaced, subject to compliance with the other provisions of this part and subject to the limitations hereinafter contained, either in the same location or at another location. -2- �3 -a City Manager Evaluation • The present sign, "Lindahl Olds" is illuminated for individual letters. Each letter is individually illuminated in a timed sequence ( L - I - N - D - A - H - L). Once all the individual letters are illuminated, they flash off. The sequence is then repeated. This is a non - conforming sign. The City of Bloomington does not permit flashing or changing message signs in their freeway development zone. The city manager recommends that both cities continue the same or similar restrictions on flashing and changing message signs along I494. The proposed sign will meet city sign provisions if it is illuminated at all times, without flashing lights. The staff recommends denial of the flashing neon sign because of its non - conformance with Chapter 3.48, subd. 4 and 3.49, subd. 9, but is submitting this to the Council pursuant to 3.49, Subd. 19. It is recommended that the sign permit, if approved, be an illuminated sign without flashing lights or a changing message type sign. • JGC /eja • Respectfully submitted, John G. Cartw ght City Manager AP?-ROVE �� DZEE!7 � ; APPROVE: � �! DE'.:Y�' / / <,�L *•mac.' City :Manager inspector � f s Date .> £'� 3. �i`/ S v „a Date �'�/ 5 Gam_ APPROVE DE.� : APPROVE, DENY a Pianninh Department City Guuncil Date Date Route to above for special approval per code General Sicns APPLICATION FOR ADVERTISING, PERMIT Citv of Richfield, Minnesota General Date May 31.1985 Zoningromm r ; 1 Sign Erected - Test_ No Fee Wally Mc Carthy's Address of Sign _Ig(W._78th St. Proprietor rameOldsmobi'le DBA Sign ErectorNaegele Outdoor Adv. Co. Address 1700 W.. 78th St. Tvoe of Sion Design Weather Cover Li2htin, Clear Lexon Wall Projecting Ground Roof Pedestal Changeable Temporary Trailer Single Face Double Face Multi -Faced Aerial /Blimp Searchlight Banner /Pennants,:. Portable Frame: T ❑ A M Post Frosted Lexon X IX Flashing Plastic Covered Revolving -- } Traveling Neon Clear Lexon Constant Frosted Lexon IX Flashing Plastic Covered Revolving Shaded } Traveling Neon Zip Lite Other Other(Explain). Sign Colors If Illuminated - Yes No Watts 4000 EOical Contractor Naeqele Outdoor Adv. a4dress1700 W. 78th St. Phone 869 -1900 N le Outdoor Adv. Co. (Ronald L. Mielke) I roperty Owner or his Agent Signature ,,EQ,�% ,/�"'"�� Phone 8.69 -1900 Estimated Cost $3500.00 Sign Width _Height 10 Total Square Feet 400' 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 '. * 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' Yes --Will the sign, structure, or billboard restrict any sight distance under, around, or over for safe access by persons destined for or passing the subject premises. No rlo . Mielke Vice President Apf licant's gnatu and Title with Firm Date May 31, 1985 Phone Number 869 -1900 2 8/ PLEASE SEE REVERSE SIDE FOP SIGN LCOA ION SKETCH Sivert Hendrickson /Building Official - 866 -5061 *To make copy change only- the rest of the structure to remain the same. -rh - S v .4 t • • ate: ,.- � • i .3 . yr. =`t A! Y >S #'?• i.. ti �fh _1. � iyy „i :F •^x Sr: .,Olt • ':�'t. .•. Jel wj. �i .47 ' -rh - S v .4 t • • ate: ,.- � • i .3 . yr. =`t A! Y #'?• i.. ti �fh _1. � iyy „i :F •^x .,Olt • ':�'t. .•. Jel �i .47 ' T. rg J A y _ f:Tt r . -rh - S v .4 t • • ate: ,.- � • i .3 . yr. =`t A! Y �fh _1. I* ti v -a d �cL j a► k w, 9 nY ryd+9 L 0v Y 1 1 I t � 1 1 1 I; L It Dc � v° � cr) ti v -a d �cL j a► k w, 9 nY ryd+9 L 0v 1 A OF 1 1 I t � 1 1 1 I; It � � I 00 � 1 1 1 f s � _;,, I�� _ __ /G� o�- �, , ._ � _... 1 .. _ ._.. '• iN Y ._ _ ___ / -� r- / . / 1 � � � �� , f� 1. a�-G , a, 3.48. TRAFFIC :.CULATT_ON aND SIGN LOCATION, Compliance with tha following regulations relative to traffic control is required: (1) No moving or Bashing sign shall be located or maintained within SO feet of an intersect;on at crhi"h traffic. semaphores are located. , (2) No sign shall be designed, located or maintained so as to be likely to obscure or conceal or cause confusi device. on as to any traffic control sign or (3) No sign shall be located or .maintained on or over any public street or highway right -of -way unless specifically permitted by the zoning regulations of the city. Y ov, r diig on such. = proper (S) No sign shall ability of drivers or ces what would dzstraot automooile t-ar =ic as' to.consti w The' illuainat oir oz any sign- located, near . a res :ident :i��' =usecla�az�ect pad: located "so as riot to dzrect` li:ghr' `ignn LI be Located is such. Close proximity to t o �zcF "erg' .asvrto consti.tut:e _at_nuisance to persons re ty - "W reason. of the flashing of the lights, is such (sign . be located or .maintained so*as to interfere with the pedestrians to see any crossroad or crosswalk. CROSS- RE7-t-RENCE: See Chap. IX =or general traffic. and motor vehicle regulations. 3.49 CDNS'L L'CTION. DESIGN LOCATION _,QM w4I1'TL'.IANCE OF SIGNS. Subdivision 1. All Sizns: Cons*_ruCtic-,, Design, Location and Maintenance. Every sign shall con.: to the standa -3s or this part whether or not a permit therefor is'required, and nothing core= <_ined herein shall be construed as mod- ifying or repealing any of the provisi_zs of this code relating to' zoning. No sign"shall be so located as to obscure or tend to obsure any existing.sign. The following additional requirements are 7D be observed: (1) Each ground sign shall be sec raly built, constructed and erected on the ground. Temporary ground signs shall be so designed that they are not readily overturned. (2) NO sign structure shall be att_zhed or placed upon any building in such a manner as to obstruct-any fire es -zape, or any window or door, nor shall- any sign structure be attached to a fie= escape. (3) No sign erected before the pass =ge of this. part shall be rebuilt, altered, or removed to a new location w- bout being brought into compliance with the requirements of this part. (4) No swinging sign shall hereafter be erected or hung on or attached to any building within the city, and ever;- such sign so erected, hung, or attached prior to the passage of t=his part "which is deemed unsafe by the chief inspector shall be immediately removed by the owner thereof; or changed to conform with the requirements of this part when so ordered by the chief inspector. (3) mere portions of a sign are subject to different classifications, each Portion shall meet the requirments of its classification. (6) Each sign requiring a permit shall have an identifying number to be provided by the chief inspector, which number shall be posted on the exterior surface of the sign structure in a location where such information will be readily visible after the sign is constructed. ORDINANCE CODE 4/8/68 87 C1TY"OF RICHFIELD, MINNESOTA i) The rebuilding of an outdoor advertising display which sustains damage the repair of which in the opinion of the building inspection will cost less than 50% of the replacement cost of the physical structure prior to the damage. ii) Nonstructural alternations or modifications designed to improve the appearance of the sign. (b) Any outdoor advertising display which is not used for advertising purposes for a period of more than two years shall be deemed abandoned and must be removed by the owner of the parcel on which it is located. (Bill 1983 -5) 2/14/83 Subd. 9.,., . , Signs, ns, AlongFr.eeways "�- Zxcap-t as atherTaise provi ec is th=s = part, 11, boards shall not be- closer-than,, 660• feet_. from. the. right -oaf -way of any _ leeway _within the city (including , Higihways; 35 -W,. _494,. 62' and: 77 )...: NO., "traveriag'f' or i;I anging,,mess�age< -`sign sag- be .locatted so as to face any - t/ freeway 'or be visible, .from" the freeway. ; Any b laboard. Iegally: _located- within 660 feet,, of any' such,'' freeway,at- ,the ",time of adoption of this.provis.iom.may be ' replaced, subject to compliance...,with:the other provisions' of this part and. subject to the lima.tat ons hereinafter contained, either.-.. in the same location: or at another location`` along'' "` 2/14/83 ORDINANCE CODE 89 CITY OF RICHFIELD, MINNESOTA (3) No temporary sign of combustible construction shall project over public property or right -of -way, but may extend a maximum of 6 inches from the face of the building. (4) Temporary signs of combustible construction shall not be hung so as to cover either partially or completely any door, window, or opening required for ventilation. (5) No roof sign shall be more than combustible material, and no tem- porary ground sign shall be located on any multiple- residence, commercial or industrial property in the city without first obtaining a special permit therefor from the council. If the council determines to grant an application for a special permit for any such temporary sign or bannering, or any such temporary ground sign, it may impose conditions upon the granting thereof, and it shall-be unlawful to locate or maintain any such sign or bannering for a longer period or in a different manner than that specified in the special permit. No such special permit shall be for a period of more than 60 days. No such special permit shall be granted, however, where such temporary signs or banners are prohibited by other provisions of this code. Subd. 17. Application of Other Provisions of this Part. Temporary ground signs as defined in Section 3.41, Subdivision 1, of this part, shall comply with the provisions of Subdivision 16. Subd. 18. Approval of Sign Permit Applications. Upon presentation of ap- plication, permit fee, plans and specifications and other required information, the sign construction permit shall be issued by the manager, or his represent- ative, except as provided in Subdivision 19 of this section. Subd. 19. Special Approval from Council. In the case of an application for a,sign requiring a special permit, or which will'be illuminated,'or moving, or of unusual height, size, design, or-location, the manager shall refer such sign to the council for approval. No permit for any such sign, so referred, shall be issued without first obtaining the approval of the council. Subd. 20. Variance from Terms of Approval Prohibited. No sign shall be erected, used or maintained in a manner at variance from the provisions of this code or different from that approved by the council. No building or electrical permit for a sign shall be granted until the sign permit has been approved. Subd. 21. Future Permits. A permit shall not be issued for any new bill- board or advertising sign located off the premises where the advertised product is sold, if such billboard or sign would be within 300 feet of any other such billboard or sign already in existence in the interior of the same city block or its equivalent area. Permits may be issued for directional or identification signs. Any billboard removed under the provisions of Sub- division 22 of this section shall not be reissued. Any billboard destroyed by storms or acts of God may be rebuilt within 90 days, if complying with this part. ORDINANCE CODE 4/8/68 92 CITY OF RICHFIELD, MINNESOTA E L1- 0 9 is CITY OF RICHFIELD, MINNESOTA Office of City Manager The Honorable Mayor and Members of the City Council City of Richfield ,J -1 -) _J Council Letter No. 231 Agenda June 10, 1985 Subject: A Resolution Proposing An Advisory Commission Change of Name from the Senior Citizens /Handicapped Commission To Human Services Commission Serving The Seniors and Disabled Council Members: Resolution No. 5101, which established a Senior Citizens' Advisory Commission in August of 1973, has been reviewed by the commission membership. Although there has been no official name change by the city council, this advisory commission has been using the name "Senior Citizens /Handicapped Commission" for the last several years in place of Senior Citizens Advisory Commission. Three changes in the establishing resolution, a copy of which is attached, have been proposed by the commission: 1. The title be changed from "Senior Citizens' Advisory Commission" to "Human Services Commission: Serving Seniors & Disabled". 2. Change references from "the aging and the handicapped" to "residents over the age of 55 and individuals with disabilities ". 3. Article Six which cites the reasons when the office of a regular member may be vacated now reads (b) "Disability or failure to serve, shown by failure to attend three consecutive regular meetings of the Commission without written permission of the Commission to be excused" should be revised to eliminate the beginning phrase "Disability or" and to revise the remaining sentance in order to provide that permission need not be in writing, but must be approved. The Richfield Human Rights Advisory Commission has been aware of the discussion related*to the proposed name change and feels "Human Services Commission" may too closely resemble the title of the "Human Rights Commission" and the "Community Services Commission ". The Senior Citizens,/Handicapped Commission feels the proposed name change would more accurately reflect the commissions scope of responsibility. -2- The attached resolution, which implements the changes • proposed by the Commission as outlined above, is provided for city council consideration. ectful s itted, John G. Cartes hh City Manager JGC /eja 7��E RESOLUTION NO. - - -- ao)-,3 A RESOLUTION TO AMEND RESOLUTION NO. 5101 ESTABLISHING • A SENIOR CITIZENS ADVISORY COMMISSION BY CHANGING THE NAME TO HUMAN SERVICES COMMISSION Serving the Seniors and Disabled WHEREAS, the Richfield Senior Citizens /Handicapped Commission was established in August, 1973, and WHEREAS, the Richfield Senior Citizens /Handicapped Commission wishes to change the name of this commission to more accurately reflect the commission's scope of responsibilities. BE IT RESOLVED by the City Council of the City of Richfield, Minnesota as follows: The Senior Citizens Advisory Commission name is changed to the Human Services Commission: Serving Seniors and Disabled. 1. -The commission shall serve in a direct advisory capacity to the city council. Staff services for the commission shall be provided by the Community Services Department of the City of Richfield. 2. The Commission shall consist of nine (9) members all of whom shall be residents of the City of Richfield. They shall be appointed by the city council and subject to removal, with or without cause, by the city council. In making appointments to the commission, the council shall undertake to secure a representative balance among various groups within the community with special regard to those persons who are interested in and knowledgeable about the problems of residents over the age of 55 and individuals with disabilities.. 3. Appointments to the commission shall be for terms of three (3) years. Members of the commission shall be appointed in January of each year. Terms of members shall begin on the 1st day of February of the year of appointment and shall continue until the 31st day of January in the year in which their appointments expire, or until their successors are appointed, subject, however, to prior termination as otherwise provided for in this resolution. 4. In addition to the nine members of the commission, each January the city council shall designate a council member as liaison and a second council member as alternate liaison to this commission. 5. The commission shall be advisory to the city council on matters relating to residents over the age of 55 and individuals with disabilities. Among other things, the commission shall determine the adequacy of the housing supply for such persons -2- s i within the community and shall make recommendations on methods of fulfilling such housing needs if they are not being met. It shall make investigations concerning any other matters relating to the problems of residents over the age of 55 and individuals with disabilities including such things as health care, nutrition, recreation,.transportation, and the availability of other social services, and shall from time to time make reports and recommendations to the city council on any matter relating to residents over the age of 55 and individuals whith disabilities which is referred to it by the city council. 6. Any of the following.shall cause the office of a regular member to become vacated: (a) death (b) failure to serve, shown by failure to attend three consecutive regular meetings of the commission without approved permission of the commission to be excused. (c) removal of legal residence from the city (d) resignation in writing (e) removal by the city council (f) election or appointment to a public office Passed by the City Council of the City of Richfield, Minnesota, this 10th day of June, 1985. John Hamilton, Mayor ATTEST: Thomas Ferber, My Clerk • • RESOLUTION NO, 5101 RESOLUTION ESTABLISHING A SENIOR CITIZENS' ADVISORY COMMISSION BE IT RESOLVED by the City Council of the City of Richfield, Minnesota as follows: 1. There is hereby created a Senior Citizen's Advisory Commission, as -,5 2. The Commission shall serve in a direct advisory capacity to the city council. Staff services for the commission shall be furnished by the City. 3. The Commission shall consist of nine (9) members all of Ah om shall be residents of the City of Richfield, they shall be appointed by the city council and shall be subject to removal, with or without cause, by the city council. In making appointments to the Commission, the council shall undertake to secure a represent- ative balance among various-groups within the community with special regard to those persons who are interested in and knowledgeable about the problems of the aging and the handicapped. Appointments to the Commission shall be for the terms of 3 years. At the time of the appointment of the initial commission, however, 3 shall be appointed for a term of 0 �._ one year; - 3 shall be appointed for a term of two years;. and 3 shall be appointed for term of three years. 4. Members of the Commission shall be appointed in January of each year. Terms of members shall begin on the 1st day of February of the year of appointment and shall continue until the 1st day of February in the year in which their appointments expire, or until their successors are appointed, subject, however, to prior termination as otherwise provided for in this resolution. 5. The Commission shall be advisory to the city council on matters relating to the aging and the handicapped. Among other things, the Commission shall determine the adequacy of the housing supply for such persons within the community and shall make recommendations on methods of fulfilling such housing needs if they are not being met. It shall make investigations concerning any other matters relating to the problems of the aging and the handicapped including such things as health care,nutrition, recreation, transportation, and the availability of other social services, and shall from time to time make reports and recommendations to the council on such matters. It shall also investigate and make recommendations to the council on any matter relating to the aging and the handicapped which is referred to it by the city council. 6. Any of the following shall cause the office of a regular .member to become vacated: a) Death. b) Disability or failure to serve, shown by failure to attend three consecutive regular meetings of the Commission without written permission of the Commission to be excused. c)- Removal of legal residence from the city. d) Resignation in writing. e) Removal by the council. f) Election or appointment to a public office. Passed by the City Council of the city of Richfield, Minnesota, this 27th day of August, 1973. Boren L. Law Mayor ATTEST: Thomas Moran City Clerk • • • C November 15, 1984 The Honorable Mayor and Members of the City Council City of Richfield Council Members: It is the understanding of the Human Rights Commission that the Senior Citizens /Handicapped Commission has requested that their advisory commission be renamed the Richfield Human Services Commission. While the Human Rights Commission can understand the desire of the Senior Citizens /Handicapped Commission to change their title, we are concerned that the name chosen will dilute and weaken the title of the Human Rights Commission as well as causing confusion to the public at large with three commissions (Human Rights, Human Services and Community Services) having very similar names. If the Senior Citizens /Handicapped Commission is to be renamed, it would be our hope that they would choose a title that would describe their responsibilities, but one that would not be so closely related to the title of the Human Rights Commission. Thank you for your consideration of our request. Sincerely yours, Diane Healey Chair, Human. Rights Commission eja • nF -2- j JoJ- 71 199) I U-41110 0 Healey offered the commission's help in any way. Sumnicht agreed that the school's human rights procedure did not preclude persons filing complaints to use any other alternative available to them.. Commission members indicated that they felt students should be aware that they could also file cases with the city's local commission and the State of Minnesota. • The chair selected Farrar to discuss this matter with the school superintendent, and advised that she would call Farrar and let her know about it. Sumnich left the meeting at 8:00 p.m. Sausen suggested a chart showing the three alternatives (school, local commission and state) be made and placed in student's handbooks. Koch suggested that information could be passed out to student in certain classes such as health and social science classes. HUMAN RIGHTS DAY Human Rights Day is first week in December (December 5). Butterfield and Koch will work together to make a display for the high school. Sausen suggested a cartoon as an example. The secretary was requested to place the signs relating to Human Rights around city hall for Human Rights Day. COUNCIL MEETING REPORTS As Moore was absent, there was no report on the October council meetings. The secretary advised members of the commission that the Senior- Citizer_s /Handicapped Commission was requesting the City Council to consider a change of name for their commission, to that of Richfield Human Services Commission. Commission members expressed concern at this proposed charge of title, as they felt it would dilute and weaken the title of their commission. They also indicated that there would be too much similiarity between the Human Rights Commission, the Community Services Commission and one called Human Services Commission. The secretary was requested to write a letter to the council expressing the concerns of commission members regarding this proposed name change. Wilmes will cover the November council meetings, and Flippin will cover the December council meeting. K -MART Commission members noted that shopping carts are still piled up in front of the metal posts outside of the K -mart Store making egress from the store difficult, and impossible for persons in wheelchairs or on crutches. The secretary was requested to provide members with a copy of past correspondence to the Council on this matter. as -ti February 13, 1985 Ms. Diane Healey, Chair Human Rights Commission 6906 Newton Ave. So. Richfield, MN 55423 Dear Diane, In response to your letter dated February 8, 1985, I feel it is necessary to clarify the intent and content of our meeting. It was my understanding that we were meeting informally to dis- cuss your commission's concern regarding our commissions's pro- posed name change, and also to talk about our respective commis- sion roles and activities. At that time I explained how our com- mission came into being when the Community Center was established and that most of our commission projects are the result of needs and concern expressed by seniors or disabled persons who utilize that facility. - I expressed concern over the use of "Handicapped" in our title as being both negative and outdated. In discussing our commission's role and activities I stressed the fact that we are a human ser- vice oriented commission and the importance of being identified as such. Your suggestion of the title, "Senior & Disabled Human Service Commission ", which emphasizes the population we serve, was agreed as a possible title. The end result of our meeting was we were both going to present it to our commissions. While our commission will have to make the final decision on what we feel is an appropriate title, we are sensitive to your commis- sion's concerns. I understand your commission did not approve of the title we discussed. However,-I will be bringing it to our commission for consideration as well as the title your commission offered in your letter. The time spent visiting about our commissions was enlightening. While our commissions may not always agree, we value open com- miin i r-A i nn _.. Sincerely, Myrna G. Hammer, Chair Senior Citizen /Handicapped Commission cc: Individuals receiving Human Rights Commission letter dated IsFebruary 8, 1985, as discussed by phone. c CU c CU CV d' LO � ® LO CU O O ■� c CU c CU • February 8, 1985 Ms. Myrna Hammer, Chair Senior Citizens /Handicapped Advisory Commission 0322 Grand Avenue Richfield, MN 55423 Dear Myrna: The Senior Citizens / Handicapped Commission has requested that a name change, to the Human Services Commission, be approved by the Richfield City Council. As we discussed when you and I met on January 27, 1985, our commission feels that this name is too similar to that of the Human Rights Commission and the Community Services Commission and may confuse persons as to the duties and responsi- bilities of each particular commission. I did bring this matter before our commission again at our February 5, 1985 Human Rights Commission meeting. At that meeting, the commission members suggested that perhaps a name change to 'Commission for Services to the Elderly /Disabled' might be an appropriate name change for your commission. I enjoyed meeting with you to discuss this and other issues related to our commissions. ?lease feel free to call me if you would like to discuss this further. Si cerely yours, Diane Healey, C,�air Human Rights Commission telephone: 869-7521 (612) an equal opportunity employe; O � ® O O O • February 8, 1985 Ms. Myrna Hammer, Chair Senior Citizens /Handicapped Advisory Commission 0322 Grand Avenue Richfield, MN 55423 Dear Myrna: The Senior Citizens / Handicapped Commission has requested that a name change, to the Human Services Commission, be approved by the Richfield City Council. As we discussed when you and I met on January 27, 1985, our commission feels that this name is too similar to that of the Human Rights Commission and the Community Services Commission and may confuse persons as to the duties and responsi- bilities of each particular commission. I did bring this matter before our commission again at our February 5, 1985 Human Rights Commission meeting. At that meeting, the commission members suggested that perhaps a name change to 'Commission for Services to the Elderly /Disabled' might be an appropriate name change for your commission. I enjoyed meeting with you to discuss this and other issues related to our commissions. ?lease feel free to call me if you would like to discuss this further. Si cerely yours, Diane Healey, C,�air Human Rights Commission telephone: 869-7521 (612) an equal opportunity employe; CITY OF RICHFIELD, MINNESOTAp?� Office of City Manager Mana e g Council Letter No. 230 Agenda June 10, 1985 The Honorable Mayor and Members of the City Council City of Richfield Subject: Amendment to the PUD Ordinance to Create a Planned Two Family Dwelling District. Council Members: At the May 13, 1985, city council meeting, the council approved the resubdivision and discussed the future zoning classification of the HRA owned property in the area of 66th Street and Rae Drive. The council concurred with staff that the Planning Commission should consider amending the zoning ordinance to create a planned two family district to limit the density of development on the site. • Attached for council consideration is a proposed ordinance amendment recommended by the Planning Commission and the community development department staff, which creates a planned two family dwelling district. The ordinance amendment adds language to the existing PUD ordinance (Section 3.34A) so that planned two family residential districts (PMR -1) can be created. The ordinance amendment also provides that uses permitted in a PMR -1 two family residential district are those uses permitted in the "R" and "R -1" single family residential districts and the "MR -1" two family residential districts. The density of two family dwellings in a PMR -1 district, cannot exceed 10 dwelling units per acre. This is the same density limitation allowed in the existing MR -1 district. All other provisions of the PUD ordinance remain intact and any proposed development would be subject to the applicable provision of the ordinance. The proposed HRA development would qualify for a PMR -1 rezoning. It is recommended that the city council give first reading approval to the attached ordinance and schedule second reading and a public hearing on this matter for June 24, 1985. e pectf 1 ibmitted, l W� ohn G. Car wrigh City Manager o2l,2, 1. Section 3:34A, Subdivision 2, Paragraph 5 is amended to read as follows: (5) 'Type of Planned Unit Developments; Allowed Uses. a There shall be Lsixj types of planned unit development districts, viz: Planned Single Family Residential (PR) [Planned Two Family Residential (PMR -1)] Planned Multiple Residential (PMR) Planned Neighborhood Commercial (PC -1) Planned General Commercial (PC -2) Planned Industrial (PI) (b) Uses allowed in a PUD district shall be as follows: Uses allowed in an "R" or "R -1" district shall be allowed in a PR district. [Uses allowed in an "R ", "R -1" or " VIR -1" district shall be allowed in a PMR -1 provided that the density of 2 family dwellings shall not exceed 10 dwelling units per acre.] Uses allowed in a "MR ", "MR -111, "MR -2" or "MR -3" district shall be allowed in a PMR district. Uses allowed in a "C -1" district shall be allowed in a PC -1 district. Uses allowed in a "C -2" district shall be allowed in a PC -2 district. Uses allowed in an "I" district shall be allowed in a PI district. (c) Uses other than the permitted uses, as listed above, are allowed in a PUD district provided the use is one which is authorized in one of the [six] types of PUD districts, and provided further that such additional use cannot occupy more than 33 percent of the gross floor area of the PUD district. Passed this day of 1985 by the City Council of the City of Richfield. Thomas reroer, City CierK • John Hamilton, Mayor 0 0 CITY OF RICHFIELD , MINNESOTA�� / Office of City Manager Council Letter No. 229 Agenda June 10, 1985 The Honorable Mayor and Members of the City Council City of Richfield Subject: An Ordinance to Provide "Parking by Permit Only Zones ". First Reading. Council Members: During the past 18 months, residents in the area bounded by 77th Street, Penn Avenue, 76th Street and Morgan Avenue have repeatedly complained about employees from the nearby automotive dealerships parking all day in this residential neighborhood. The list of comlaints include visibility problems, blocked driveways, congestion and no space for residents and visitors to park vehicles. In January, 1985, an arrangement was worked out where one of the dealerships leased 30 parking spaces from the Richfield Century Masonic Lodge on Logan Avenue for employees. As time passed, fewer and fewer employees would park some four (4) blocks away when they could park on 77th Street east of Penn Avenue. The parking problem became an issue again this spring. A neighborhood meeting was held. City officials who attended the meeting were Council Member Howard Bunce, City Emgineer Mike Eastling, and the City Manager. The concensus reached at the neighborhood meeting was to post 77th Steet, Oliver, Newton, and Morgan "No Parking" during certain day time hours to prevent employees of the auto dealership from parking in their residential neighborhood. Also, a residential permit plan would be utilized for residents and guests to park on the street during the hours posted for "No Parking ". The parking problem today exists on 77th Street. If the city were to only post 77th Street "No Parking ", the problem will be shifted to the north -south streets (Oliver, Newton and Morgan between 77th and 76th Streets). ID El 2 a a The City of Robbinsdale was contacted where a residential permit plan has been in force in a neighborhood where hospital employees parked on the street because of a shortage of off - street parking. The residential permit plan has worked very successfully there. In fact, it has helped convince the hospital to add more off- street parking. Recommendations 1. Post 77th Street "No Parking from 7:00 a.m. - 4:00 p.m." (a) North side - Penn to Logan (b) South side - Penn to midpoint between Newton and Morgan 2. Post Oliver, Newton and Morgan between 76th and 77th Streets "No Parking Both Sides of Each Street, between 9 :00 a.m. - 3:00 p.m." 3. Adopt an ordinance to provide for residents and guests parking by permit only during the no parking hours. It is recommended the proposed ordinance implementing a residential parking permit procedure be given first reading approval at the June 10, 1985, city council meeting. JGC /eja Respectf *Cartw7ghtt& y submitted, John G. City Manager • Ll • CITY OF RICHFIELD, MINNESOTA INTER - OFFICE MEMORANDUM DATE: June 4, 1985 TO: John G. Cartwright, City Manager FROM: Captain Ronald J. Richardson SUBJECT: Parking Congestion; 77th Street, Penn to Knox Avenue ao 3 Since receiving your memo of May 15, 1985, referring to the proposed parking restrictions suggested in the area of 77th Street from Penn to Knox Avenue, I have met with you and Mike Eastling in order to determine the extent of the problem and the method to be used in implementing your plan. It is really not clear what the full extent of the parking problem is in the area, but it is certain something positive has to be done in order to have a more uniform flow of traffic and to control the use of the city streets that is acceptable to both the residents and employees that populate the area. I feel- that the plan you suggested is comprehensive but may go farther than is necessary in solving the area problem. I suggest that we begin by implementing your plan a step at a time and monitor the results to see at which point the problems are controlled to everyone's satisfaction. My first suggestion is that we place a parking restriction on the north side of 77th Street from Penn Avenue to Knox ( "NO PARKING ANYTIME "), and a restriction on the south side of 77th street from Penn to Oliver Avenue South. I will have a survey taken and monitor the parking conditions for a period of 10 days to determine what changes this will make in the area. After a sufficient trial period, a determination can be made as to the necessity to proceed to the next step in your plan. I would like to meet with you and Councilman Bunce, to talk about this and I think it would be good for me to meet with the neighborhood group for their thoughts on this. It is my hope that we can make a few changes in the area that will solve the problem without resorting to more complicated ordinance changes. Thank you for your attention to my concerns. RJR:sm L _J • N LO L0 M O ■ V i 3 L O Q O O t0 May 24, 1985 Mrs. George DuMont 7647 Morgan Avenue Richfield, MN 55423 Dear Mrs. DuMont: Thank you for submitting a petition requesting that the proposed no parking restrictions on West 77th Street from Penn Avenue to Morgan Avenue, be extended to include Logan Avenue. I wanted to let you know that the staff recommendation to the city council will include that the parking restrictions be extended to Logan Avenue. The timetable for these parking restrictions is as follows: June 10, 1985 City Council First Reading of an ordinance June 24, 1985 Public hearing and second reading of the ordinance (adoption) July 3, 1985 Publication of the adopted ordinance August 3, 1985 Ordinance becomes effective 30 days after publication August 5, 1985 Department of Community Services erects signs and enforcement begins Si. ere G ly�yc J hn . ar ity Managez JGC/ ej a r, telephone: 869 -7521 (612) an equal opportunity employer • • • ao ;5 May 9, 1985 Mr. John G. Cartwright, Manager City of Richfield 6700 Portland Avenue Richfield, Minnesota 55423 Dear Mr. Cartwright: Please extend the No Parking from Morgan Avenue to Langan Avenue on 77th Street, on the North Side of the street. We have a diffieult time trying to get out of our garages because of the trucks and cars parked on 77th Streeti from Morgan to Logan Avenue. Our ag rages face 77th Street. We would appreciate your efforts to le iminate this daily parking. Thank you for your efforts. Sincerely, �JL �1" L/ '2Lz (- L •41 7 &,�47 ,�- A SUGGESTION: ALLOW PARKING rNTHE SOUTH SIDE OF THE STREET FROM PENN TO LOGAN AVENUE AND NOT ON THE NORTH SIDE SIDE FROM PENN TO LOGAN AVENUE. �... 0 r L >N ee U r� M qt LO U) O i ■ L O 0. O O co ao -G May 14, 1985 Mrs. George DeMont 7647 Morgan Avenue South Richfield, Minnesota 55423 Dear Mrs. DeMont: This letter is in response to your telephone call to my office, concerning parking restrictions on 77th Street which were discussed at a neighborhood meeting held on May 8, 1985. At that meeting it was decided to place parking restrictions on West 77th Street from Penn to Morgan Avenue. These present restrictions would not include the area of 77th Street just south of your home. In order to get the parking restrictions on 77th Street extended to include your block, the City will require a letter from you to that effect. If you want the restrictions to also include Logan Avenue, your neighbor to the east must also sign this letter. If you have any further questions regarding this matter, Please contact me. Sincerely, Michael J. Eastling, P.E. City Engineer MJE /vp 0 telephone: 86 9-75 21 (612) an equal opportunity employer • • AMENDMENT TO CHAPTER IX, SECTION 9.03 OF THE ORDINANCE CODE OF THE CITY OF RICHFIELD CITY OF RICHFIELD DOES ORDAIN: Chapter IX, Section 9.03 of the Ordinance Code of the City of Richfield entitled: "Specific Regulations -- Illegal Parking and Stopping" is hereby amended by adding thereto the following new subdivision to read as follows: Subdivision 3. "Parking by Permit Only" Zones. The Council finds that streets in certain residential areas are congested because I of heavy residential and non - residential traffic and parking. It is the purpose of this subdivision to stem the flow of commuter traffic from institutional, commercial and industrial districts into an a pining residential neighborhood. to reduce air pollution and other environmental effects of automobile commuting, and to enhance the quality of life in the residential area by reducing noise, traffic hazards and litter; to protect the residents from unreasonable burdens in gaining access to their resi dences; to preserve the character of the residential district as such; to promote_ efficiency in the mainte- nance of these streets. in a clean and safe condition; to preserve the value of property; to preserve the safety of children and other pedestrians and traffic safety, and to promote the peace, good order, comfort, convenience and welfare of the inhabitants of the city. The provisions of this subdivision, providing the parking by permit only, are deemed to be in furtherance of such objectives. (1) The Council shall from time to time by resolution designate certain streets as _"Parking by Permit Only" parking zones, and cause- them to be so posted. Thereafter, no person in charge of any vehicle shall park or permit the vehicle to be parked on posted streets unless the vehicle bears a permit as provided in this subdivision. 2 The City shall cause the following types of permits to be available at the offices of the Department of Public Safety: (a) Resident Permits. Residents living on streets designated by resolution pursuant to the foregoing paragraph (1) , for each car, owned or leased, currently licensed and in operating condition and current use. (b) Visitor Permits. Each resident household ma; obtain a visitor permit or permits. The • number of visitor permits which residents may obtain shall be determined from time to time _by resolution of the Council (3) Both resident and visitor Permits shall bear an identifying serial number for the resident obtain- ing the permit. A record of residents who have permits shall be kept by the City Resident permits shall be displayed in the lower rear corner of the left side window closest to the rear of the vehicle. Visitor ermits shall be Placed on the dashboard or other conspicuous place where they may be easily seen by law enforcement personnel through the windshield (4) To cover the costs of administering- the permit system, a fee may be charged for each ermit The amount of such fees, if any, shall be established from time to time by resolution of the Council (5) No resident parking permit may be used by or sold or transferred to a person not living at the address for which the permit was issued in the household the person to whom the permit was issued. No visitor permit may be given or sold for any purpose other than to permit parking by a visitor while actually visiting a resident (6) The subdivision shall not apply to individuals who perform, or vehicles used in the performance of, commercial services, repairs, or emergency assis tance for any resident, provided that such persons are then per formin , or the vehicles are in fact being used, in such services or assistance The exemption shall terminate immediately upon com- pletion of the service or assistance 7) —Except- the extent otherwise specifically provided in this subdivision, the general parking regulations of the City shall be applicable within the areas designated "Parkin by Permit Only ", such as regulations governing parking after snowfalls, in front of driveways and fire hydrants, truck arking, etc 8) Parking in a permit only zone in violation of this subdivision is a misdemeanor. ao-9 • • • as -/d • Passed by the City Council of the City of Richfield, Minnesota this day of , 1985. ATTEST: City Clerk F- -7 LJ • John N. Hamilton, Mayor CITY OF RICHFIELD, MINNESOTA • Office of City Manager Council Letter No. 228 Agenda June 10, 1985 The Honorable Mayor and Members of the City Council City of Richfield Subject: Request for the Removal of the Colonial Lodge Motel Property at 77th and Lyndale Avenue From the Provisions of the ILN Interim Zoning Ordinance (Building Permit Moratorium). Council Members: On February 11, 1985, the city council enacted an interim zoning ordinance which placed restrictions on the issuance of building permits in the ILN study area (the ordinance does allow for.the issuance of permits for building repairs, but not for the construction of new buildings or the major reconstruction of • existing buildings). The city council took this action in order to allow for the preservation of the integrity of the planning process while a comprehensive redevelopment plan was being prepared for the ILN (Interstate /Lyndale /Nicollet) area. In April, 1985, representatives of PALSCO, Inc. of Mankato, Minnesota, requested that the city council remove the property currently occupied by the Colonial Lodge Motel, and owned by Mr Tom Price, from the ILN project area. It was initially requested that the city council take this action at the May 13, 1985, council meeting. PALSCO then requested that this item be removed from the May 13th agenda and placed on the June 10th agenda. The request is initiated for the purpose of seeking construction permits for a 123 unit Hampton Inn Hotel. PALSCO is a group of business persons who are seeking a Hampton Inn Hotel franchise from the Hampton Inn Hotel Division of Holiday Inns, Incorporated. PALSCO representatives indicated that the 123 unit hotel would be built on a site of approximately 80,000 square feet (plus 1.8 acres) and would include 129 parking stalls. A site plan of the proposal is included in this council letter. 40 -2- / 9,- z A cursory review of the attached site plan indicates that • changes will need to be made in order to comply with Richfield's development standards. ZONING ORDINANCE REQUIREMENTS The property is located in the C -2 zone. Hotels and motels are allowed in this zone provided that a special use permit is granted. The special use permit provisions of the zoning ordinance require review by the city staff and review and recommendation by the planning commission to the city council. The regulations specifically relating to hotels and motels are as follows: "Subd. 4. Regulations Relating to Hotels, Motels, Restaurants and Cafes. A special use permit shall not be granted for a hotel, motel, restaurant or cafe unless the council finds that the proposed use will be in substantial compliance with the following standards: (a) The use will not create undue traffic hazards or traffic congestion either on the public streets adjacent to the site or on the parking areas on or adjacent to the site or on streets adjacent to the site unto which traffic to or from the site is channeled. • (b) Adequate provision will be made, through the use of building setbacks, buffer areas, screening, and exterior treatment or placement of the building on the site to avoid noise, glare, fumes, dust, and any other sources of nuisance or annoyance to adjacent properties. (c) Adequate provision will be made through the use of building setbacks, screening, landscaping, exterior treatment or placement of the building on the site to avoid noise, glare, fumes, dust, and any other sources of nuisance or annoyance to users, or patrons of the facility. (d) Adequate off - street parking space is available for patrons and employees. (e) If liquor is to be sold on the premises (1) the property abuts upon a main thoroughfare of the city, (2) access to all off - street parking space is from internal driveway systems and is not directly from public streets, and (3) provision is made for well- designed vehicular stacking space allowing for an efficient and orderly flow of traffic from the site onto adjacent mean thoroughfares of the city. "Main thoroughfares of the city ", as used in this paragraph, means a -3- street designated as a state trunk highway or a service drive adjacent to the state trunk highway, a state aid highway, a • county aid highway, a county highway, or a street which is so located as to serve, primarily, commercial development (Bill. 1976 -10) 4/26/76 (f) The proposed facility will provide an aesthetic appearance which will not detract from or conflict with the existing or proposed architectural form of buildings in the same area. (g) The use will not create an excessive burden on public parks, public open- sapce, streets, or utilities requiring public services which are proposed to serve the facility. (h) The proposed development will not conflict with the comprehensive development plan of the city." STAFF RECOMMENDATION It is the recommendation of the staff that the best course of action for the council to take would be to not remove the property from the provisions of the interim zoning ordinance until such time as the ILN redevelopment plan is completed. Based upon recent information received by the staff there is great potential for the redevelopment of the ILN area. It is further recognized that improper piecemeal development could be a great detriment to the planning effort and could also be • detrimental to the future of the community. It is particularly important that the framework of the arterial street system be developed prior to any major land use decisions being made. It is staffs opinion the site can be enhanced by acquiring the existing print shop at the southeast corner of 77th Street and Lyndale Avenue. A larger site could add capacity for more motel units and a restaurant. A critical need for the success of the ILN comprehensive plan is the arterial street corridor for 77th Street. The corridor should be established first - not the motel - so that the greatest advantages of a new 77th Street can be achieved. STAFF ALTERNATIVE RECOMMENDATION If the city council wants activity to proceed on this project it is then recommended that the council consider amending the interim zoning ordinance which was adopted on February 11th. The amendment would be to section 3, subdivision 2, paragraph a, and would change the minimum estimated market value threshold from $20 million to a value of $2 million per acre. A project would also require a minimum area of $0,000 square feet and would have to be on a single tract of land. This amendment would allow the city to process • the necessary permits, licenses, rezonings, plattings or land -4- 1&7— subdivisions up to the point of, but not including the actual issuance of a building permit. If this action is taken then the city council could consider removing the site from the moratorium area at such time as all requirements are met and all the applicable procedures are followed. This would allow the applicant to pursue the preliminary planning for the project and would allow city staff and planning commission cooperation while at the same time not put the city in the position of losing the protection which is currently afforded by the interim zoning ordinance. The property should not be removed from the moratorium until the city has an acceptable project ready for construction permits. Once the property is removed from the moratorium provisions, any C -2 business use could be placed on the site. Mr. Tom Larson of PALSCO acknowledged that many steps need to be taken prior to the time that an application for a building permit could be filed. Mr. Larson also indicated that a construction start date of October 1st, 1985 would be acceptable. TENTATIVE SCHEDULE TO IMPLEMENT ALTERNATIVE RECOMMENDATION If the city council gives first reading to the attached interim zoning ordinance amendment on June 10th and second reading on June 24th then the ordinance amendment would be effective on either the last week of July or the first week of August depending upon the time of publication. This schedule would then allow the proposal to be considered by the planning commission on their July 23rd meeting and would allow the city council to take action at their August 12th meeting. The afformentioned schedule is premised upon many events taking place in a very timely manner but would be achievable. PLANNING COMMISSION ACTION At the regular meeting of May 28th, 1985, the planning commission unanimously recommended that the Colonial Lodge Motel property not be removed from the ILN project area at this time. The commission indicated that it was their opinion that the planning process should be allowed to be completed prior to this type of action being taken. JGC /eja 10 Res tfLqy submitted, John G. Cartwr ht City Manager APPENDIX E CITY CHAR= Sec. 2.05. Vacancies in the Council. A vacancy in the council shall b4.' 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 Mavor. The mayor shall be the presiding officer of the council, except that the council shall choose from its members a president pro tern 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 salary shall take effect until after the next succeeding munici a1 . el Z ion. Tfie city manager an" a'Ii°" rbtri" hate ocers anemp`Ioy °ees o e City shall 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 City 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 CITY CHARTER 7/26/82 E.3 CITY OF RICHFIELD, MINNESOTA q-..5 BILL NO. AMENDMENT TO TRANSITORY ORDINANCE NO. 17.18 AN AMENDMENT TO TRANSITORY ORDINANCE NO. 17.18 ENTITLED "AN INTERIM ZONING ORDINANCE ADOPTED FOR THE PURPOSE OF PROTECTING THE PLANNING PROCESS IN A CERTAIN AREA OF THE CITY, REGULATING, RESTRICTING AND PROHIBITING CERTAIN USES, DEVELOPMENTS AND SUBDIVISIONS WITHIN SUCH AREA. CITY OF RICHFIELD DOES ORDAIN: Section 3, Subdivision 2, Paragraph A, of Transitory Ordi- nance No. 17.18 entitled "An Interim Zoning Ordinance Adopted for the Purpose of Protecting the Planning Process in a Certain Area of the City, Regulating, Restricting and Prohibiting Certain Uses, Developments and Subdivisions within Such Area" is hereby amended to read: "A. The project will be on a single tract of land having an area of at least 80,000 square feet and will involve development or redevelopment within the Area which will have an estimated market value in excess of $2979997999 $2,000,000 per acre." Passed by the City Council of the City of Richfield, Minne- sota, this day of , 1985. ATTEST: City Clerk Mayor June 3, 1985 Dennis Kraft City of Richfield City Hall 6700 Portland Ave. Richfield, Mn 55423 Dear Mr. Kraft: As per our phone conversation of last week, I am writing to change our request that was made in my April 25th, 1985, letter regarding the June 10th City Council meeting. We have completed a sight plan regarding the proposed hotel on the corner of 494 and Lyndale Avenue South to meet with all of the City of Richfield's requirements, including parking and setbacks. It will be necessary to reduce the size of the hotel from the expanded 147 -room proposal to the standard 123 -room hotel. There is some question as to the actual size of the property, but using the smallest of the three possibilities and meeting the City of Richfield's requirements, we will be able to build a standard hotel. Although the cost will be somewhat lower, the architecture and design will remain unchanged. Should more land become available, we would be able to expand the hotel in eight -room increments up to a maximum of 147 units. In our April 25th letter, we had indicated that we are requesting that the land be removed from the moratorium, as well as the first reading of our permit applications and are wondering if these will be forthcoming. Please forward these to me at your earliest con- venience so that we can have these properly prepared prior to the meeting. Sincerely, Thomas C. Larson PALSCO, Inc. P.O. Box 756 Mankato, MN 56001 TCL /ljl cc: Thomas Price Joseph Abdo John Hamilton Howard Bunze Donald Priebe Ivan Ludeman Michael Sandahl John Cartwright W E S T 7 7 t h S T R E E T LLf Z LL1 Q ul Q Z Y J PROJECT SUMMARY 5ron Rom In[ +riot Corridor R - 123 Tecal -"iul Rooms: ll' -6" z 25' -3" °l —c— - Two 5—irx - Tw Salldia6 Area - 11,800 S.F. C--*" - 1,890 S.l. P+rtiaS: SuWrd - 9'x20' +utU - Us Hr.lica��od - 12'x20' fCALIA- TWAL 121 SITE PLAN • I i SCAL E:I' -40.0' CE kE ........... ..... ........ ... . . 7: 171,; Li *77 mom* UUD ..I .�^ ....av c m -3 n 3- ffi coma ��yE. ^vt'e°s�o cr A'3a= rp'r3 °= Aoos �o'* °e$�� .��; A - n.3 A �i _.�. a.0 O A we, a 0 fD A fi aA m w7 �A a3 �-f fn� ,��T :_<y�!__ _r c - `o = =a.ACA3�m -mm A °p°�a... �354 mommA 8 a..DA=°gma �m °gym °_<o ao �zT7ofl°o �. wD A D wA A AM d tp .. D..o =�aosoa -_�, mi+'�aW 3oao°paDO° o3��e°'aD°� H��A �+m n�.A`.7 r 4 -D .O ,C - sr , m �. 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U "/ Office of City Manager 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, ordinances, establishes the salaries of the city council and provides that salaries of the council members shall be-reviewed by December of each year. At the April 22, 1985, city council meeting, the city council gave first reading to an ordinance amendment which would increase the salaries of the Mayor and council members by $700 per year. The public hearing was scheduled for May 13, 1985. At that meeting, the city council continued the hearing to the June 10, 1985, city council meeting, so that all members of the city council would be present for the public hearing and second reading. Council salaries were last adjusted in 1978. 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. If the ordinance is approved, the salaries would not be increased until after the Fall (1985) elections. However, the ordinance is under consideration 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). • 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 Council Letter No. 227 Agenda June 10, 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, ordinances, establishes the salaries of the city council and provides that salaries of the council members shall be-reviewed by December of each year. At the April 22, 1985, city council meeting, the city council gave first reading to an ordinance amendment which would increase the salaries of the Mayor and council members by $700 per year. The public hearing was scheduled for May 13, 1985. At that meeting, the city council continued the hearing to the June 10, 1985, city council meeting, so that all members of the city council would be present for the public hearing and second reading. Council salaries were last adjusted in 1978. 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. If the ordinance is approved, the salaries would not be increased until after the Fall (1985) elections. However, the ordinance is under consideration 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). • 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- /84:21 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 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 extent the change in the cost of living index since 1978. A copy of the proposed ordinance amendment is attached to this council letter. This item has been placed on the June 10, 1985, city council agenda for second reading consideration. A majority vote is required for adoption. 0 JGC /eja • Respectf 1 submitted, John G C rtwr' t City Manager AMENDMENT TO CHAPTER XII SECTION 12.02 / �+ OF THE RICHFIELD ORDINANCE CODE RELATING TO COMPENSATION OF MAYOR AND COUNCIL MEMBERS 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 0&-,e-ft [$6,7001 and the annual salary for each member of the council is $- #';5-66- [$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 , 1985• • ATTEST: Thomas Ferber City Clerk • John Hamilton Mayor • • AVERAGE ALL METROPOLITAN CITIES WITH POPULATION OVER 20,000 $ 5,952 $4,305 RICHFIELD SALARIES $ 6,000 $4,500 METROPOLITAN AREA COUNCIL SALARIES SELECTED SIX AVERAGE SALARIES # MTGS. ANNUAL SALARY CITY MONTH POP. MAYOR COUNCIL BLOOMINGTON 4 82,490 $12,000 $9,000 GOLDEN VALLEY 2 22,380 $ 6,200 $4,650 ROSEVILLE 2 35,920 $ 6,000 $4,800 EDINA - 2 45,340 $ 5,850 $3,900 ST. LOUIS PARK 2 42,640 $ 5,400 $3,600 BURNSVILLE 2 37,580 $ 4,800 $3,600 AVERAGE SIX CITIES $ 6,708 $4,925 AVERAGE ALL METROPOLITAN CITIES WITH POPULATION OVER 20,000 $ 5,952 $4,305 RICHFIELD SALARIES $ 6,000 $4,500 M N N N N N GV N N M N N M N N N N r•i O to CA o O O O O O O 00 o O o 0 00 O o O 0 O o O 0 O 0 tO 0 0 o 0 o 0 O 0 O O o <` N CO O O V O O O 00 c9 CA 0 CD 0 to 0 O 0 O 00 00 v Lo O O M to M N N to M O O -I n 00 O CO O r-1 O CD v o, 0 � M M cD d+ M M to M co M co M co v O v M M M M co d+ er C' M M NT ri U Q�= OU N CA v O CTS to O zO � a0 �-+ a E°+ O o o O o o O o0 0 0 0 o Oo 0 0 0 o O LO I !, a M O O O 0 0 0 00 O O O O O m 00 00 v O O M N O N N it7 00 O O O oo N 00 O CD CD O CD CM CD N +. 1 cd a > = •E >% >% � � w M O dr M M CD M M co �M M co V to v co M v M M dr v+ � CL1 M M N Oa 0 0 0 0 0 0 0 00 0 0 0 0 00 O O O O O O N tO O 0 o 0 0 0 0 O to 0 O 0 CM 0 0 00 v LO CD O O O CD N N to oo CD O C1 IV oo IV O ri 00 GO O O O CD d" 00 O v Q' .. 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A vacancy in the council shall bt' 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 mayo ceive payment as set by ordinance. No after the next succeedin munici o icers an p o e s o a City s a. fixed by the council. (Bill 1982 -19) r and the members of the council shall re- change in,ssalar shall take effect until ie city manager 'an a ate Li receive such salaries or wages as may be 7/26/82 This ordinance shall be effective upon passage and publication in the manner required by law. Sec. 2.08. Investigation of City 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 0 0 C CITY OF RICHFIELD, MINNESOTA Office of City Manager Council Letter No. 226 Agenda June 10, 1985 The Honorable Mayor and Members of the City Council City of Richfield Subject: Amendment To City Ordinance Code Related To The Disposition Of Certain Property Council Members: Earlier this year, several council members brought to the attention of the city council an incident in which a citizen found a sum of money and turned this finding over to the Department of Public Safety. While the issue of found money being turned into the Public Safety Department is not a frequent occurance, the issue of citizens turning found property into the Public Safety Department is quite common. In any event, in this particular situation, the finder of the lost money felt that precluding successful efforts of the Public Safety Department to locate the rightful owner, the finder should have claim to the property found, in this case a sum of money. Current provisions of our ordinance code require that property coming into possession of the Public Safety Department be sold at auction, after a specified period of time, with the proceeds applied toward the city's general fund. In the case of money, the money itself would be applied directly to the city's general fund. Council Members requested that a provision be provided which would enable the finder of lost property to rightfully claim such property absent the Public Safety Department's ability to locate the rightful owner. The Public Safety Director and the City Attorney have been working on this issue for a period of months. The resolution has been difficult because Minnesota State Statutes have not clearly provided for the circumstances involved in the matter brought to the attention of the Council. However, the City Attorney has proposed an amendment to Richfield Ordinance Code 12.01 which would address the interest expressed by the city council. -2- / 7-t� At the May 13, 1985, city council meeting, the city council • gave first reading to an ordinance amendment which would provide a process for returning lost property. The public hearing and second reading were scheduled for the June 10, 1985, city council meeting. It is the recommendation of the Director of Public Safety, in which I concur, that the city council approve the attached ordinance amendment at the June 10, 1985, city council meeting. JGC /eja 0 • R pectf y bmitted, John G. Cartwri h City Manager 17-3 ORDINANCE NO. AN ORDINANCE AMENDING SECTION 12.01 OF THE RICHFIELD ORDINANCE CODE TO PROVIDE FOR THE DISPOSITION OF LOST PROPERTY COMING INTO THE POSSESSION OF THE CITY CITY OF RICHFIELD DOES ORDAIN: Section 12.01 of the Richfield Ordinance Code is amended .by adding the following: Subd. 7. Lost Property. The provisions of subdivisions 1 through 6 of this section shall not apply to any item which is surrendered to the city as lost property. Any such item shall be retained by the city for a period of slxmonths and shall e returned o its owner upon proper request at any time during that period. After three months, if the item has not been returned to its owner, the finder may upon a proper request make a claim for return of the property upon the expiration of the retention period. The city council may require as a precondition of return of the property to its finder or owner that such person pay all costs reasonably incurred by the city in connection with its efforts to identify and locate the owner. After six months any item which has not been returned to its owner or claimed by the finder shall become the property of the city and may be disposed of as provided in subdivisions 2 or 3 oT this section. No owner or iinaer snail nave a claim against the city for disposition or ost property iT a good faith eFTFrt has been made to comp y with this subdivision. The provisions or this subdivision shall not apply to stolen property, keys, firearms, dangerous weapons, illegal items, liquor or narcotics." Passed by the City Council of the City of Richfield this 10th day of June, 1985. ATTEST: Thomas Ferber City Clerk C John Ramilton Mayor . CITY OF RICHFIELD, MINNESOTA Office of City Manager Council Letter No. 225 Agenda June 10, 1985 The Honorable Mayor and Members of the City Council City of Richfield Subject: Ordinance Amendment Relating to Free Standing Canopies for Service Station Operations Public Hearing and Second Reading. Council Members: On May 13, 1985, the City Council gave first reading consideration to an ordinance amendment which would permit free- standing canopies to be constructed over gasoline pump islands at service stations. This ordinance amendment is recommended by the Planning Commission. At the present time, only canopies designed and constructed as an integral part of the service station building are permitted by the code of ordinances. It is recommended that the council conduct the public hearing on this matter and give second reading approval to the attached ordinance. JGC /eja Re ectfu y s bmitted, • V W ohn G. Cart righ t! City Manager AMENDMENT TO SUBDIVISION CITY City of Richfield Does BILL NO. ORDINANCE N07 DHAPTER III, PART IV, SECTION 3.33 6 OF THE ORDINANCE CODE OF THE OF RICHFIELD, MINNESOTA Ordain: Chapter ITI, Part IV, Section 3.33, Subdivision 6 of the ordinance code of the City of Richfield, Minnesota is hereby amended as follows Subd. 6 Lot Areas and Yard Reauirements. (The same requiremenu. shall be observed for the "C-211 district as are provided for a "C -111 district in,Section 3.32 of this chapter.) (1) Except as provided in paragraph (2) of this subdivision the same minimum requirements shall be observed for 11C -2" district as are provided for a 11C -1" district 3 32 (2)' A gasoline service station 'may construct a canopy extended` into the building setback area of the lot on which it is located provided that such canopy complies with the following regulations: (a) It must be designed and constructed to serve as protection for customers and attendants from inclement wheather. (b) It may extend into the front yard area distance of 10 feet, as measured from the centerline of the gasoline pump island .closest to the street lot line but in no- instance closer than five feet from this lot line. (c) Only one canopy shall be permitted at each service station,, unless it is- located on a corner iota Lae --4— n- - t - - - - - - - ^ O f- [d j The canopy shall not be constructed to a height exceeding sixteen feet. 4-)- Le] The canopy shall not be designed for use nor shall it be used as a location for any business or advertising sign of a permanent or temporary construction. L f j Lighting located on the canopy shall be designed as an integral part of the canopy providing that fixtures shall not extend below the bottom surface of the canopy structure and shall be beamed downward. --4 Lgl The canopy shall not be used as the location for lights or lighting fixtures used to illuminate the service station building, off - street parking areas or other areas not directly beneath the canopy. Flashing ,lights and rotating lights shall not be located on or attached to the canopy. (hl No .canopy,- whether it .conforms with the foregoing-regulations or not; shall be constructed in_.a.. Location or manner which will block or obscure the vision of automobile trafffic on any street adjacent to the service station or the vision of an automobile entering or leaving the service station. Passed by the city council of the City of Richfield, Minnesota, this day of , 1985. John. Hamilton, Mayor ATTEST Thomas Ferber, City Clerk • -g e-1 CITY OF RICHFIELD, MINNESOTA Office of City Manager Council Letter - No. 224 Agenda June 10, 1985 The Honorable Mayor and Members of the City Council City of Richfield Subject: Ordinance Amending the Licensing Requirements for Domestic Animals. Second Reading. Council Members: At the City Council meeting of April 22, 1985, the City Council adopted the Second Reading of an ordinance establishing a rabies vaccination requirement for the licensing of domestic animals. The intent of that ordinance amendment was to require that domestic animals have a current rabies vaccination at the time of licensure. Upon further examination of the ordinance, it was discovered • that if an animal was given a two -year innoculation which expires after June 1, 1985, but before June 1, 1986, a license could not be issued even though the animal has a valid rabies shot at the time of the application. This was not the intent of the vaccination requirement. For example, if an animal was given a two -year innoculation on January 1, 1984 which is effective until December 31, 1985, the ordinance as adopted would require the animal to be innoculated again on June 1, 1985 because the innoculation must be valid for the entire license year (June 1, 1985 through May 30, 1986). Some animal owners would no doubt object to having to pay for a second innoculation within a period of two years when they had already paid for a two -year innoculation. Veterinarians give rabies vaccinations which vary in the length of effectiveness, which makes it difficult to provide ordinance language which could anticipate each individual case at the time of licensure. Thus, the attached amendment has been prepared to provide that the requirement for licensure would be that the animal has a current rabies vaccination at the time of the license application without regard to the duration or expiration of such vaccination. SMa 15-J., Under the attached amendment, if the person in the above example is issued the license and the innoculation expires on December 31, 1985, the animal owner will either: (1) have the pet innoculated on January 1, 1986, or (2) have the animal innoculated in June of 1986. From then on, the innoculation period would coincide with the license year. At the May 13, 1985, city council meeting, the city council approved the attached ordinance amendment, and scheduled the second Reading for June 10, 1985. It is recommended that the city council hold the public hearing on June 10, 1985, and approve the attached ordinance. JGC:sb • R cerel G. Car wri ht City Manager AMENDMENT TO CHAPTER V -L3 OF THE ORDINANCE CODE OF THE CITY OF RICHFIELD CITY OF RICHFIELD DOES ORDAIN: Chapter V of the Ordinance Code of the City of Richfield relating to the licensing of domestic animals is hereby amended in the following respects: I. Section 5.27, Subdivision 5 is amended by adding the following: "Applicants shall provide a certificate issued by a doctor of veterinary medicine licensed to practice showing that the animal has been vaccinated against rabies and that such vaccination is effective on the date of the application." �a------ a-ia -1 e-s- - bee - 'a -aee -i mod- age i e-s t- a i-ie s - +A -t*44 - -a- j>e-r-1-e4 -e-r- 4 -b� - -wAri-e-h 't - e -- €'-o -'- -a*,- -1-e- t -t- -e- � -yeti- - a-ft-e-r- -t*! - s -13e -e 1r- -€'ems- -t+re- 1 e-s e : -v ATTEST: • City Clerk Mayor Passed by the City Council of the City of Richfield, Minnesota this day of , 1985. ATTEST: • City Clerk Mayor 0 0 • CITY OF RICHFIELD, MINNESOTA Office of City Manager Council Letter No. 223 Agenda June 10, 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, attended 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. 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) or some other amount agreed to by the parties. 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. The Richfield and Minnetonka public access studios will be closed as a cost savings effort (Richfield studio has the lowest public use of all five studios). Richfield residents will be able to use the Edina, Hopkins or Eden Prairie studios or the mobile van studio. -2- *4;L 4. 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. 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 and needed equipment; 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 -3- lH3 The first exhibit will tell what Rogers will provide for the 1% gross revenues they expend for public access is programming. 5• 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) . 6. 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. 7. 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 June 10, 1985, council meeting. 8. 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 June 10, 1985, city council meeting. I* 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. JGC /eja • John G Call"It, City Manager • WAY NE G. POPHAM ROGER W. SCHNOBRICH DENVER KAUFMAN DAVID S. DOTY ROBERT A. MINISH ROLFE A. WOROEN G. MARC WHITEHEAD BRUCE D. WILLIS FREDERICK S. RICHARDS G. ROBERT JOHNSON GARY R. MACOMBER ROBERT S. BURK HUGH V. PLUNKETT, 7II FREDERICK C. BROWN THOMAS K. BERG BRUCE D. MALKERSON JAMES R. STEILEN JAMES S. LOCKHART ALLEN W. HINDERAKER • POPHAM, HAIK, SCHNOBRICH, KAUFMAN & DOTY, LTD. 434-4 IDS CENTER MINNEAPOLIS, MINNESOTA 55402 TELEPHONC ANO TELECOPIER 612- 333 -4800 CLIFFORD M. GREENE D. WILLIAM KAUFMAN MICHAEL O. FREEMAN THOMAS C. D'AOUILA LARRY O. ESPEL JANIE S. MAYERON THOMAS J. BARRETT JAMES A. PAYNE DAVID A. JONES LEE E. SHEENY LESLIE GILLETTE MICHAEL T. N'ILAN ROBERT H. LYNN ROBERT C. MOILANEN STEVEN G. HEIKENS THOMAS F. NELSON THOMAS J. RADIO DAVID L. HASHMALL KATHLEEN M. MARTIN Mayor C. Wayne Courtney 4313 Eton Place Edina, MN 55424 Dear Chairman Courtney JOHN C. CHILDS DOUGLAS P. SEATON THOMAS E. SANNER BRUCE B. McPHEETERS GARY O. BLACKFORD SCOTT E. RICHTER GREGORY L. WILMES ELIZABETH A. THOMPSON TIMOTHY W. KUCK KEITH J. HALLELANO THOMAS C. MIELENHAUSEN STEVEN I. LOWENTHAL KATHLEEN A. SLATZ MICHAEL D. CHRISTENSON J. MICHAEL SCHWARTZ LARAYE M. OSSORN,E OR COUNSEL FRED L. MORRISON March 25, 1985 2060 PETRO -LEWIS TOWER 717 SEVENTEENTH STREET DENVER, COLORADO 80202 TELEPHONE ANO TCLECOPICR 303- 292 -2660 SUITE 802 -2000 L STREET, N. W. WASHINGTON, O. C. 20036 TELEPHONE ANO TELECOP /ER 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, 4 %. Wayne !�G. Popham David A. Jones--., DAJ:paj cc: Members of Southwest Suburban Cable Commission 1101B t • 13 • • Southwest Suburban Cable Commission MEM0RAND -UM TO: Carl Jullie, Ken. Rosland, Jim Genellie, 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 Cabiesystems- 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 COSTTO CITIES BENEFIT TOROGERS $2.070,900 $2.070.900 Receive 3 percent franchise fees in four equal payments (November, February. May and August) .t COSTTO CITIES BENEFIT TO ROGERS Interest received by $279,572 investing surplus fees iy 7 Southwest Suburban Cable Commission M MORANDUM: Costs to Cities and Benefits to Rogers Associated with Rogers Cablesystems- Southwest's Request for Financial Relief 10 April 1985 COST TO CITIES BENEFIT TO ROGERS $978,435 $2,733,475 Eliminate $300.000 performance bonds COST TO CITIES BENEFIT TO ROGERS $0.00 $72,500 Defer requirement to build the Institutional /Business Network COST TO 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 • LO Oo O W W F- O U) Cf) 7- LA W. J t9D V cn W c� O O H co U_ W Z W m 11 /V- 9 0 N G O U N R .Q L 7 S2 cn a..r N m O CA •-�:W: In . :o: o: O: o: o: o; o: o: o: o O: o: ;o: co r to • u') • to • a • tr) • o n o in t,-) . o to . 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Campbell, III, Commission Administrator SUBJECT: CONTRACT FOR PUBLIC, EDUCATIONAL AND GOVERNMENTAL ACCESS FACILITIES and CONTRACT FOR PUBLIC, EDUCATIONAL AND GOVERNMENTAL ACCESS SERVICES Wednesday 10 April 1985 Because Rogers Cablesystems— Southwest is suffering cash flow problems and local programming does not generate income for the company, Rogers would like to stop funding public access altogether by bringing their local programming budget to $0.00. The Commission objects to this abandonment of support, and, in order to insure that local programming is preserved, the Commission, at its 31 January 1985 meeting, directed staff to negotiate with Rogers the exact terms and conditions of the attached • CONTRACT FOR PUBLIC, EDUCATIONAL AND GOVERNMENTAL ACCESS FACILITIES and • CONTRACT FOR PUBLIC, EDUCATIONAL AND GOVERNMENTAL ACCESS SERVICES. CONTRACT FOR PUBLIC, EDUCATIONAL AND GOVERNMENTAL ACCESS FACILITIES This contract requires both Rogers — Southwest and Rogers — Minneapolis to provide some support for local programming. The emphasis is toward supporting public, educational and governmental access programming. Leased access and local origination programming (programming done by Rogers) is de- emphasized. Support from Rogers — Minneapolis is only to cover costs of services provided to the Minneapolis cable system by Southwest personnel and equipment. *15 0 • • • SOUTHWEST SUBURBAN CABLE COMMISSION MEMORANDUM; CONTRACT FOR 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 -1 /2 %) 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 ?. 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 PRESENT Programming Manager i Regional Video Editing Systems Technical Supervisor 1/4 Video Technician 1 Video Graphics Operator 1/2 Playback Operator 2 Access Coordinators 5 Assistant Access Coordinators (PT) I Educational Consultant I Secretary I TOTAL 12 -3/4 PEOPLE REVISED 1/2 1/4 1/2 1 -1/2 3 0 8 -3/4 EQUIPMENT ORIGINALLY PROMISED 1 0 2 4 5 5 2 20 Porter Pacts 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 • • . 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 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 Hail 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 / #4 ORDINANCE N0. 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 , 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 Cabllesystems of Minnesota Limited Partnership, a Minnesota limited partnership, with Rogers Cablesystems of Minnesota, Inc., a Minnesota corporation, as the General Partner , -�-- amt- s--�x- emptoyees:. S. "SWSCC" shall mean the Southwest Suburban -C-0-V-- &t4i.dy- 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) chives 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.--If 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: • • • F. City may waive, at any time and from cause shown, by Council resolution, complianc, or all of the requirements imposed on Grantee relative to providing service to any extended SECTION 4. That Article VIII, Section 2, subparagraph (4) of said Ordinance be amended 4152C(18):TSE:041185 time to time, for good e by Grantee with any by this Section 2 area or areas. Paragraph A, 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: Y1. _ $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 liability insurance policy or policies with an annual aggregate limitation 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: 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. j_jjj A waiver of acceptable t against the Grantee or a hereunder to and its offi servants, of brogation, in fo City, as to any ty which are wai to which Grantee ndemnify and hol rs, boards, comm vials, acents an and substan all claims hereunder ers, ovees. (iii) A provision that if the aggregate insuranc coveraqe of the blanket policies rovided e Ci 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 even 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- • • 0 • 4152C(18):TSE:041185 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- • HExBST & THuE, LTD. M E•M 0 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 40 insurance. Subsequent to the granting of the initial franchise -1- 14�d� 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 (3 %) 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- is 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- /ya25 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- �vab Lastly, the Performance Agreement provides for a business is 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- • • L' /937 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 sections , the Cable Communications Ordinance (hereinafter called the "Franchise "). The cities of , , and (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 is operating a cable Cities. Grantee has experiencing serious to pay the franchise Grantee requested a obligations to allow the Franchise Grantee has constructed and communications system in City and the Other approached the City indicating that it is financial difficulties and would be unable fee due and payable on November 1, 1984. temporary reduction of its Franchise 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 19�d7 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 COMMUNICATIONS ORDINANCE. This ordinance does not permanently-amend any provision of the Cable Communications Ordinance (the "Franchise ") but provides that certain provisions of that ordinance are modified for a period of time as provided 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: is (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. 0 -2- /5'-a9 0 (2) "Franchise" means the Cable Communications Ordinance as now or hereafter amended. I (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, 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 fee in the amount of 1984 shall be deemed if, Grantee pays the equal payments on or October 15, 1985. Due Franchise Fees. The 1984 franchise $ payable on or before November 1, fully discharged and paid if, but only sum of (60 %) to the City, in four before June 1, June 15, August 15 and 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- 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- ly3C • • • IV-31 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- 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, SWSCC 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 City Mayor • 14V-33 PERFORMANCE AGREEMENT 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 relief from certain requirements of the Franchise. The City has granted such relief pursuant to Ordinance N0. ( "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 • N -3V the meaning given to:them in the Franchise and Relief Ordinance. Section 3. Term. 0 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 facie 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 p ersonnel with Grantee or contract with another e J 2 - i� 35 person or entity. Nothing herein shall be construed to require City to contract 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. Nothwithstafidtng- p,aragr -aph 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 tiiia�year ending August 31, 1985, 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 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 Anhual Fee shall not increase in any year by more than ten percent (10 %) over the fee for the prior year. The Consumer,Pxize 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 - 3 iy36 is at any time not published, then the City and Grantee shall select a reasonable substitute index. 0 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 - /y -3� (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. T he 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 construc- .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 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 to new residential developments before those residential develop- - 5 - IV-3o'7 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� lisping, 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 firm - expert 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 stud requested y is re q sted by the city, Grantee shall 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. -i- /y-yo §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 - 0 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 su pp ortin g docu- mentation mentation requested by the City for the upcoming fiscal year. - 9 - The business plan shall outline the methods by which Grantee intends to resolve cash shortage and other financial P roblems. 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 - 0 • /V43 7.08. Form of Reports. All reports required of Grantee 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 a part of such annual review, establish to the satisfaction of the City that the terms of the Relief Ordinance should continue by demonstrarlitithat 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 - N-4W 7.10. Annual Subscriber Survey. 0 A. No later than June 1 of each ear, Grantee ntee 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 g Y request of any party during the term of this Agreement to continue evaluation of solutions to financial and other 12 - Iy -ys related problems of the System. Grantee recognizes that although these discussions will continue, the City specifically Y P y 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 (5 %) franchise fee. Section 12. Breach. Any breach of this Agreement by Grantee shall consti- tute cause for termination of the Relief Ordinance. - 13 - ■ . 8_41/6 Section 13. Miscellaneous Provisions. 13.01. No Recourse A ainst 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 hold harmless City, its respective agents, elected offi- cials, employees, and commissions, from and against any and all liabilities, claims, losses, damages, costs and expenses (includ- 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. SeverabiliSZ. 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 - ly -Y1 modification of this Agreement except by a written document signed by the parties expressly stating g 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 - �y y P 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 7 asw L_J l/-57 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- ment, 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 /y 5f 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. • 0 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 b �. Channel Channel Channel Channel Channel Channel • at 6 7 8 10 12 not limited to: - Educational Access - Regional Interconnect - Public Access - Educational Access - Leased Access - 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 ME /y59 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- • • • /y G� sions regarding such programming shall be at the sole discretion 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- l4-6a 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- • • • 1y1,3 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- 6.04 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 ivy/ above is fair and reasonable and will not be contested. S 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 fai.ls*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- ment its decision with written findings of fact. • -14- D. If after hearing the dispute the Commission finds that • there is a default Company h 0 s all have twenty (2 ) 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- /y-GG 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- r� L • /y.G7 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- against any and all liabilities, losses, or damages, costs and expenses (including reasonable counsel fees) arising out of any r� L • /y.G7 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- /5=6P 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 f .ranchise to construct, own and operate a cable communications system in the cable service terri- tort', 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 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 • Playback Operator, shall endeavor to schedule programming with • 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 /4Y-t/Oy 1,11,76 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; S. Implement access programming pursuant to and in accordance with programming schedules developed by the • -3- /1/-7/ 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 Mapproved 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; - S. 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- i J 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 4988- LM-Z L9 VZb99d10S3NN1VVVN103'13381S H1091S3M L VN l a3 d0 A110 -5- - �y-73 • 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. 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- /y 7� 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- • 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 MM /Z/-7� 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, S 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 • - 9.- a 0 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, Tightning, 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 -10 /5! J "I 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- • • C • Iq 7� 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 motions. 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- 846 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- • is �J /Z/-?/ it is addressed. Notice shall be given to the parties at the following addresses: Commission Company 5.09 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. 5.10 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. 5.11 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. 5.12 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 -14- / V_ gal of -such services. 5.13 Indemnification. Company shall indemnify and forever hold harmless Commission and member cities and their respective affiliates, officers, directors, employees and agents from and against any and all'liabili. ties, 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. -15- 1�1 • We understand that the Operating Committee of the Southwest Suburban Cable Commission is meeting on Monday, June 10. The purpose of this letter is to urge you, as chairman of that . Committee, and the other members of the Committee to resolve any remaining issues concerning the franchise modification ordinances and related agreements so that they can be finally enacted by the member cities. • We feel certain that you understand the disappointment and deep sense of frustration which our client, Rogers Cablesystems, feels at the ongoing delay in this process. The essential elements of the relief package were agreed upon at the December meeting of the Operating Committee and confirmed by the Commission at its January meeting. It is now June, the 14th month of this process, and we still do not have concurrence among the member cities on these documents. We find this to be particularly disconcerting since there are no outstanding issues between Rogers and the Commission. The latest hold up is apparently due to differences of opinion among the member cities relating to the financing of access programming. Quite frankly, we are at a loss as to what role Rogers should play, if any, to help resolve this situation . However, failure to y FPOPHAM, HAIK, SCHNOBRICH, KAUFMAN & DOTY, LTD. 4344 1 D S CENTER MINNEAPOLIS, MINNESOTA 55402 TELEPHONE AND TELECOPIER 612- 333 -4800 WAYNE G. POPHAM CLIFFORD M. GREENE JOHN C. CHILD$ 1240 AMHOIST TOWER ROGER W. SCHNOBRICH O. WILLIAM KAUFMAN DOUGLAS P. SEATON 345 ST. PETER STREET DENVER KAUFMAN MICHAEL O. FREEMAN THOMAS E. SANNER SAINT PAUL, MINNESOTA 55102 DAVID S. DOTY THOMAS C. OAOUILA BRUCE B. MCPHEET£RS ROBERT A. MINISH LARRY O. ESPEL GARY D. BLACKFORD TELEPHONE ROLFE A. WOROEN - JAMIE S. MAYERON SCOTT E. RICHTER 612 -333 -4878 G. MARC WHITEHEAD THOMAS J. BARRETT GREGORY L. WILMES BRUCE 0. WILLIS JAMES A. PAYNE ELIZABETH A. THOMPSON 2060 PETRO -LEWIS TOWER FREDERICK S. RICHARDS DAVID A. JONES KEITH J. HALLELAND 717 SEVENTEENTH STREET G. ROBERT JOHNSON LEE E. SHEEHY MARK B. PETERSON DENVER, COLORADO 80202 GARY R. MACOMBER LESLIE GILLETTE TIMOTHY W. KUCK TELEPHONE AND TELECOPIER ROBERT S. BURK MICHAEL T. NILAN JULIE A. SW.EITZER 303- 292 -2660 HUGH V. PLUNKETT, IIL ROBERT H. LYNN THOMAS C. MI£LENHAUSEN - FREDERICK C. BROWN ROBERT C. MOILANEN KATHLEEN A. BLAT2 THOMAS K. BERG STEVEN G. HEIKENS MICHAEL 0. CHRISTENSON SUITE 300 SOUTH BRUCE. O. MALKERSON THOMAS F. NELSON J. MICHAEL SCHWARTZ 1800 M STREET, N. W. JAMES R. STEILEN THOMAS J. RADIO LARAYE M.OSBORNE WASHINGTON, 0. C. 20036 JAMES B. LOCKHART DAVID L. HASHMALL OF COUNSEL TELEPHONE (202) 828 -5300 ALLEN W. HINDERAKER KATHLEEN M. MARTIN FRED L. MORRISON TELECOPIER (202) 828-5318 June 6, 1985 Mr. James F. Miller City Manager City of Minnetonka 14600 Minnetonka Boulevard Minnetonka, MN 55345 Dear Mr. Miller: We understand that the Operating Committee of the Southwest Suburban Cable Commission is meeting on Monday, June 10. The purpose of this letter is to urge you, as chairman of that . Committee, and the other members of the Committee to resolve any remaining issues concerning the franchise modification ordinances and related agreements so that they can be finally enacted by the member cities. • We feel certain that you understand the disappointment and deep sense of frustration which our client, Rogers Cablesystems, feels at the ongoing delay in this process. The essential elements of the relief package were agreed upon at the December meeting of the Operating Committee and confirmed by the Commission at its January meeting. It is now June, the 14th month of this process, and we still do not have concurrence among the member cities on these documents. We find this to be particularly disconcerting since there are no outstanding issues between Rogers and the Commission. The latest hold up is apparently due to differences of opinion among the member cities relating to the financing of access programming. Quite frankly, we are at a loss as to what role Rogers should play, if any, to help resolve this situation . However, failure to r Mr. James F. Miller June 6, 1985 Page 2 1q,SY 0 bring remaining issues to resolution is holding up the entire process. We therefore respectfully request that the Operating Committee either: 1. Resolve all remaining differences at its June 10 meeting; or 2. Finalize all issues relating to the cities and Rogers so that the process can move forward while the Commission resolves, the remaining issues which relate solely to the cities. In either case, we would ask the Operating Committee to urge those cities which have not finally passed the franchise modification ordinances to do so at their next meeting. We also request the opportunity to address the Operating Committee so that we can impress upon the Committee members the urgency of moving forward with the process. Please contact us concerning when it would be convenient for the Commission to hear us. Very truly yours,II Wayn G. Popham 4A.0'4es avid DAJ:paj cc: Ken Rosland John G. Cartwright John Strojan Carl Julie Ralph B. Campbell 1502B • BACKGROUND To date, the actions of the city councils upon the relief documents are as follows: AMENDMENT AND RELIEF ORDINANCES FirstReadinQ SecondReadinp EDEN PRAIRIE YES YES EDINA YES YES HOPKINS YES YES MINNETONKA YES NO RICHFIELD YES NO PERFORMANCE AGREEM ML Approved EDEN PRAIRIE - YES (1) EDINA YES (1) HOPKINS NO MINNETONKA NO RICHFIELD NO (1) Subject to approval of final language by City Manager RECOMMENDATION No action requested. CITY OF RICHFIELD, MINNESOTA • Office of City Manager Council Letter No. 222 Agenda June 10, 1985 The Honorable Mayor and Members of the City Council City of Richfield Subject: Request for Planned Unit Development Plan Amendment by First Western Bank at 6500 Nicollet Avenue South. Council Members: HISTORY In February 1979, the City Council approved a preliminary plat, PUD plan and a rezoning for the HUB /Summit /Penny's planned unit development. In June, 1979, the Council approved a final development plan, special use permit, and off - street parking permit for site improvements on the Summit Bank site south and west of the existing bank building. In September, 1981, the city approved a final development plan, and off - street parking permit for site improvements north of the bank building. First Western Bank has subsequently purchased the property and has requested a planned unit development plan amendment to allow them to relocate the drive -thru teller facility on the property. PROPOSAL First Western Bank at 6500 Nicollet Avenue is proposing to remove the existing freestanding drive -thru tellers north of the existing building and replace it with an attached four bay drive -thru teller on the south side of the building. A fifth bay would be provided for an automated teller machine (ATM). The entrance to the bank on the southwest corner will be closed and all entrances will be located on the north or east sides. The proposed site plan also changes the layout of parking spaces on the First Western Bank site and on the HUB shopping center property. A substantial amount of landscaping will be added to the First Western Bank site. 0 • • • -2- STAFF REVIEW 1. It is staff's opinion that the proposed change will not adversely affect parking in the area if the site is developed as shown on the plan. /c3 a First Western Bank, with a total floor area of 14,880 square feet, is required to have 75 parking spaces. Currently there are 103 parking spaces available within their property. First Western Bank has a mutual shared parking and maintenance agreement with the medical clinic. The property is also subject to mutual shared parking easements with the HUB Shopping Center property. There is some legal question on whether these easements would have to be amended. The new proposal reduces the available parking spaces on th-e bank site from 103 to 96. However, if the changes shown on the proposed site plan on the HUB shopping center property are constructed, a net gain of 4 parking spaces would be realized in the area. If the changes on the HUB shopping center property are not constructed, the number of parking stalls remain unchanged. The HUB parking area, where the additional parking would be provided, is currently underutilized. PARKING SPACES (City Staff Calculations) First HuB Western Shopping Bank Center Present Situation Required 75 1,204 Actual 103 1,209 Surplus +28 +5 Proposed Situation Required 75 1,204 Actual 96 1,209 Surplus +21 +5 *If the Hub Center property west of the bank site was not improved as suggested by bank traffic and parking consultant. If the suggested revisions on Hub Center property were implemented, net parking supply would increase by four stalls to a total of 1,213 spaces (1,209 + 4). These numbers are now shown on the drawing in the council backup, but are city staff's calculations. -3- /3J The owners of the HUB shopping center oppose the proposal because it would reduce the number of parking stalls adjacent to the northeast corner of the HUB shopping center, and because of additional traffic generated at the Nicollet Avenue entrance to the site. First Western Bank hired Benshoof and Associates, Inc. to conduct a parking and traffic study to address those concerns. A copy of the study is attached for your information. The study concluded that because of the amount of observed usage of the parking area by HUB center customers, site plan revisions to increase parking in the area, revised entrances to the bank, and employee parking restrictions that there should be sufficient parking on the site. The study also indicates that the curb cut on Nicollet Avenue will have ample capacity and will operate in a safe and effective manner. The owners of the HUB shopping center, Transamerica Partners, have reviewed the report and continue to object to the proposal because parking would be less convenient to HUB customers and because more congested and hazardous traffic conditions would exist. Letters from Richard Naiman of Transamerican Partners and from Barton- Aschman Associates outlining these concerns are included in the council backup. 2. There should be sufficient on site stacking space for the proposed drive -up teller facility. There will be some on -site congestion at the exit from the drive -up teller facility because of its close proximity to the curb cut onto Nicollet Avenue, and the parking area immediately east of the drive -up teller facility. This should not adversely affect surrounding streets, however. 3. The Public Safety Department has indicated the need for an adequate level of lighting around the new canopy and also around the drive -thru tellers for security reasons. 4. A grading plan of the site has not been submitted to allow staff to determine the impact of the proposed changes on surface drainage, storm sewers and catch basins in the area. STAFF AND PLANNING COMMISSION RECOMMENDATIONS Based on the evidence presented by the parties involved, it is recommended that the City Council approve the proposed amendment subject to the following stipulations: 1. That the number of parking stalls provided in the PUD continue to meet the city's minimum parking guidelines; 2. That final drainage plans be submitted for city staff approval; • 3. That lighting plans be reviewed with the public safety department for approval; and, _4_ 4. That the width of the common curb cut and driveway lying between the Hub Shopping Center and First Western Bank not be reduced from its present dimensions. PLANNING COMMISSION RECOMMENDATION The Planning Commission on a 5 to 1 vote recommends approval of the proposed amendment subject to the four stipulations. JGC /eja • 0 Respectfully *Cartwr ht submitted, John G. City Manager C t .' a ttL�L =9iie 7J =- t iy � 95 &s3 �2 ±• %� � ta• • Y � 2 'S � a o x ' --- 10 v�ty� dz 11 U CL ta y a tY �` 1! Oo s ♦.. ._ ^.o.' • . a . as t — I— I . i VUSIV1111 11 A FIT ..• �^ t / > if CL;- Q — I _ 17 Lw IE —uv - •�,�� `t-' - —�`_, . —fit �~ •,• �� I ��_ 'tt� +a0.. 7�d7`.� ' • ,i3OfO - i - -- - -- - --": it ;- ► NOTE SNAD�p .41Z64 O/VD&Z Hus ownvetzSHI)o ia-� �ARAAfA1 /wA RO011 IAN .. :•} wmeaoal r�� •` {� .rer� ww asnrrrwaw sat - wom.As AOOIY /� 011 NM. ...... I.Q r1 ."m top-mu." *Pow too "PLA11Mr10M 0/ vklwm Mom HUS SHOPPING CENTER PROPERTY EXISTING SITE PLAN i Y -� ,� -11►II► .�C •... C '' , ' i • �. PROPOSED SITE PLAN FX>FV= MK T' plane arcs. mw, • • I • IAA MCOLLET AV. A-STOP I—L-J ",00 NOT ENTER -C TO DRIVE -UP TELLERS 4 4 A EXI a ��Cumc 14 BUILAWG T_ a 4 rT 6 J_ Cal ENTRY 5 �I I BANK ID SIGN PYLON C CEO T M I WHI OMIT EXISTING _MVE-UP SIGNAGE 13-7 PROPOSED SITE PLAN—SIGNAGI SCALE- Il— 3o'-4r Of ?.Of lips ej • Re�ocare� DRtiv2- up 'FACILIT MANG AREA. FIRST FLOOR '7440. SECOND FLOOR 7440 TOTA). 144" PAMM REQUIRED: 14810 = 75 STALLS 200 EXWINQ PAFXM ON SITE P"OPCSIED PAfWJMG ON SITE -103 STALLS -96 i +4) CM TRAFFIC CONSLLTANTS REPORT FOR EXPLANATION OF PARKING COtJMTJ m NICOLLET AV. a (nom r---`oi -- 77TI 1 • ' �..- LO 1 � I 1 � R III 14 (V OLO `= 9 . HarvcNlrNYltbtl 1f 9 II I r 11 11 1, 11 Ir I,ANOSCAPE .MATERIALS 3Yf1. QTY NAME 141F9p M 2 T fta }�A066 Ir 1 I 2 I 5•MMG• 2R' MA 4 rAoftt L* -W 51e 11 1, 11 Ir I,ANOSCAPE .MATERIALS 3Yf1. QTY NAME 141F9p M 2 T fta }�A066 SM I 2 I 5•MMG• 2R' MA 4 rAoftt L* -W 51e 7 'bYr+yM� tocuK Ztr,• ZN + 4*00.0 - WCY-AW-.& i l+fD 13 fet:T+M Asweeo 3'60 Rs 1) NMir•4 ►�i.rot+IfR1eT :' �6 �M is �iw Msr*oFU�rre � IS . TrA 10 TlowYMOea'Meow. ve JA 7 I � 8—f =*4fJ Z14 I 1 (Z) MA T4r.A 1) MA I h)M1Tn <9.L► (ATSVI q)MA '•'r'•�o 17)1SA -- (b) no - -!4) PL* PROPOSED SITE PLAN LANDSCAPE PLAN. FAIFF COWA. FWX FWSt FLOOR; 7A.a aEC0F9) rux" 7440 T�� 141F9p PAftM REOMM 144" s 15 STALLS 200 EXWr q PARmm ON wM -105 STALLS PROPOSED PJ PKM ON 3r, -96 (t4) (SEE TRAFM CON=A.TAw$ Ft9PORT MR EXPLANATION OF PAWNG COIM.) • • Page 1 of 2 TRANSAMERICAN PARTNERS 745 FIFTH AVENUE SUITE Wt NEW YORK, NY 10151 May 21, 1985 Via Federal Express #p771228673 Mr. Rick Jopke City Planner 6700 Portland Avenue Richfield, Minnesota 55423 Re: Richfield Hub Superblock Dear Mr. Jopke: We have been informed that the First Western Bank intends to proceed with its application for a Special Use Permit and site- plan modification, to be heard by the Planning Commission on May 28. The plan for which the Bank seeks approval would be damaging to the interests of the Hub and we,'together with our consultants, intend to appear before the Planning Commission on the 28th to present our position. We wrote to you originally on February 19 expressing our concern about the adverse impact which the Bank's plan would have on the Hub. We also urged the Bank to consider employing some other, scheme which would not have damaging effects, and we offered to assist in planning. While some minor refinements were subse- quently made, the basic planning concept has remained unchanged. This scheme, regardless of how it may be detailed, must inevitably result in (1) a major removal of parking spaces to locations incon- venient for customers of the Hub, and (2) more congested and hazard- ous traffic conditions. You, may recall that traffic and parking consultation for the Super - block was provided by Barton - Aschman Associates, a highly regarded firm known especially for its outstanding and definitive work on parking and traffic for shopping centers. Barton- Aschman, after examining the proposed scheme and the parking and traffic study commissioned by the Bank. in support of it, has informed us that the effect on the Hub would indeed be adverse and consequential. Barton- Aschman will be communicating with you momentarily. In our initial acceptance of the PUD we were persuaded by the as- surance of continued, proximate parking available to serve the group of Hub stores facing Nicollet Avenue. We had no reason to anticipate that we would be deprived of benefit upon which we relied Page 2 of 2 IJ--116 when we espoused the change of zoning. The layout which was adopted has worked well for both parties. it would certainly be contrary to the spirit of the PUD for one party's interest to be diminished for the convenience of the other's. We ask that the Bank's request not be approved. Please be as- sured that we are not unappreciative of the Bank's interests and - will be glad to continue working with them toward an equitable — plan of development. Very truly yours, Richard Naiman Vice President /Construction RN/b cc J.E. Brill, Esq. David Sellergren, Esq. John Mullan, Barton - Aschman Associates Randall Herbst • • 13-11 Barton- Aschman Associates, Inc. 1610 South Sixth Street Minneaooiis, Minnesota 55454 612 -332 -0421 MEMORANDUM TO: File FROM: Deane M. Wenger Barton- Aschman Associates, Inc. DATE: May 22, 1985 SUBJECT: HUB CENTER PARKING REVISIONS RICHFIELD, MINNESOTA At the request of Mr. Richard Naiman representing the Hub Shopping Center, we have reviewed the potential impacts of revising the parking and drive -in facilities of the First Western Bank. The proposal is to remove the present drive -in facilities of the Bank which are now located near 65th Street and substitute a new drive -in facility south of the Bank building. The Bank made available a traffic analysis and surveys prepared for them by Benshoof and Associates. It is our opinion that the proposed change.will affect the Hub Center adversely. In our opinion, the following points should be considered: 1. The Hub does not, in our opinion., have an excessive amount of parking. Barton •Aschman.Associates, Inca May 22, 1985 Page 2 2. The "Shared Parking" concept and the Urban Land Institute study references in the Bank's traffic analysis have been misinterpreted. Mixed land uses do permit somewhat fewer spaces. It is not only the number of spaces being provided for those uses, however, but also the location of those spaces that is' equally signif icant. The proposed alternate spaces in 'the Bank plan are-clearly-inconvenient for patrons of the Hub, as contrasted with the parking presently available to those patrons. 3. The relatively wide parking field existing between the Bank and the Hub building is an: advantage, in that it leads the driver to assume parking is available. before he. begins searching for a. space. That advantage. will. be lost with the Bank.' s. revised parking- plan. 4. Based on the relatively light counts taken during March, the Bank's traffic report predicts only moderate use of the parking field in question. However, parking needs are.not based on average days, but must be adequate for the 20 to 30 peak sales days during the year. This is critical to the business success of the.shopping center since. a disproportionate percentage of 13 -Az • • Barton- Aschman Associates, Inc. May 22, 1985 Page 3 profits occur on the high days. For the continued health of a. shopping center, its parking should be used to the maximum only at peak.periods. S. It.would appear that the Bank's purpose can be.served by relocating the.new facility between the Bank and the medical . building, rather than between the Bank and the Hub. The former can. be done. without the adverse affects dealt. with in this memo. The Bank.'s.plan takes away PUD.shared parking spaces which are highly desirable to the Hub, instead of utilizing PUD parking.spaces which are of little or no value to the Hub. u BENSHOOF & ASSOCIATES INC. 1,3vl TRANSPORTATION PLANNING AND ENGINEERING CONSULTANTS 7901 FLYING CLOUD DRIVE, SUITE 119 / EDEN PRAIRIE, MINNESOTA 55344 /(612) 944 -7590 I April 18, 1985 REFER TO FILE: 85 -34 -20 MEMORANDUM TO: Mr. R.O. Hillyer, st Western Bank _.wet.) FROM: James A. Benshoorand Michael L. Wonson SUBJ: Traffic and Parking Study for 1st Western Bank Richfield PURPOSE AND BACKGROUND This memorandum documents our analysis and findings concernng the parking and traffic implications of the proposed relocation of the ist Western Bank drive- through facility to the south side of the existing bank building. Through discussions with City of Richfield staff and management of the adjacent Hub Center to the south, three particular issues were identified as requiring analysis. These are: e The effect of the site plan revision on the overall parking for the Hub Center vis a vis City code requirements and current parking usage. e The effect on the availability of customer parking in the area between the bank and the northeast portion of the Hub Center. e The effect on traffic circulation at the access point to Nicollet Avenue located south of the bank. In addition to addressing these concerns, assistance was also - provided during the site planning process to ensure effective internal parking and traffic circulation patterns. • 11 • Mr. R.D. Hillyer EXISTING CONDITIONS -2- April 18, 1985 13-15 Figured presents the existing site'iayout, inegress and egress patterns of the area, and available parking supply by sub areas which are germane to the analysis. The main points of access occur from West 65th Street to the north and Nicollet Avenue South to the east. While full movement access is available at all locations on West 65th Street, certain movements are restricted on Nicollet Avenue due to center medians. The principal entrance to the 1st Western Bank occurs on the east end of the building adjacent to Nicollet, with secondary entrances on the north and south sides. The drive - through tellers are located in a "remote facility" to the northwest of the main building with access occuring via an exclusive drive aisle from the west. A medical clinic is located north of the bank building, while the Hub Center is to the west and south. The Godfathers restaurant occupies the most easterly portion of the Hub with the principal entrance on the east end facing Nicollet Avenue. The remaining uses in the east wing of the Center, including Walgreens and United Stores, have principal entrances to the south and southeast. Secondary store entrances are located to the rear (north) facing the bank in conjunction with loading and delivery facilities. The existing parking supply serving the bank, rear of the Hub, and easterly Hub tenants consists of three sub areas to the north and one sub area south of the Hub. The northerly areas include 22 striped spaces' north of the bank, 73 spaces to the west, and 62 spaces to the south totaling 157 spaces. The 62 spaces south of the bank consist of 54 striped spaces in a central parking area, 2 striped spaces adjacent to Godfathers' entrance, and an estimated 6 informal spaces adjacent to the Hub loading areas. Ninety spaces are located directly south of the easterly wing of the Hub Center (Figure 1 does not show all of these spaces). EXISTING PARKING USAGE AND TRAFFIC PATTERNS In order to effectively analyze implications of the proposed relocation, a variety of information was gathered through field surveys performed by Benshoof & Associates, Inc. These surveys were conducted on Friday, March 15, 1985 from 11:30 a.m. to 1:30 p.m. and 4:30 to 8:00 p.m., Saturday, March 16, 1985 from 6:00 to 8:00 p.m., and Friday, March 22, 1985 from 11:30 a.m. to 1:30 p.m. and 4:00 to 6:00 p.m. In general, the surveys revealed that the Saturday usage patterns were substantially lower than the Friday patterns. As such the analysis focused on the Friday conditions, which we are confident from personal observation represent a typically busy period of activity. While details of the complete data collected are available for review, the following survey results represent selected statistics necessary for the analysis. • • • /3 -/7 Mr. R.D. Hillyer -4- April 18, 1985 F--] Figure 2 presents maximum parking usage by sub area. These data were gathered by counting the number of vehicles parked in the sub areas by fifteen minute periods. The graphic illustrates the highest count noted during any fifteen minute period for the Friday noon condition (11:30 a.m. to'1:30 p.m.), Friday evening (4:30 to 6:00 p.m.) during which the bank is open, and Friday night (6:00 to 8:00 p.m.) during which the bank is closed. As can be noted, the areas directly adjacaent to the Hub were consistently utilized at a range of 40% to 60% of available supply. The area to the west of the bank has substantial available parking at all times, while the area north of the bank was well utilized during bank hours, but virtually unused after bank hours. On an aggregate basis, the maximum parking demand surveyed was less than 50% of the available supply during any of the three general time periods for both the three sub areas adjacent to the bank as well. as the entire surveyed area. The destination of persons parking in the area between the bank and the Hub was recorded to determine which businesses are served by this parking. The following presents the destination by percentage: DESTINATION OF PERSONS WHO PARK IN AREA SOUTH OF BANK To the North (Bank) To the South (Hub) Friday Noon 80% 20% Friday Evening 60% 40% Friday Night 24% 76% As can be noted, the majority of parkers go the the bank during bank hours, while, as is expected, the majority of users proceed south when the bank is closed. The fact that some bank usage still occurs after business hours would result from the night depository located on the south side of the bank. The duration of vehicles parked in the area between the bank and the Hub was surveyed to determine usage of this parking by employees (Bank or Hub) as opposed to customers. This data consisted of recording the last three digits of the license plate number of each vehicle parked in the area by fifteen minute period. Given the uses served by this parking area, it is estimated that vehicles parked in excess of one and one half hours were employee vehicles. Using the one and one half hour criterion for employee parking, the breakdown between employee and customer parking is as follows: TYPE OF PARKING IN AREA SOUTH OF BANK Employee-Parking Customer Park' Friday Noon 42% 58% Friday Evening 32% 68% Friday Night 40% 60% 13-IF 1ST WESTERN BANK - RICHFIELD - BENSHOOF AND ASSOCIATES rhANSPORTATION PLANMNO AND EN[31NEERNG CONSULTANTS TRAFFIC STUDY FOR 1ST WESTERN BANK RICHFIELD - FIGURE 2 EXISTING MAXIMUM PARKING USAGE BY SUB -AREA Mr. R.D. Hillyer -6- April 18, 1985 It should be noted that a substantial number of the "long term" parking occured in the double parking row closest to the Hub, with the majority of short term parking occuring in the row adjacent to the bank. . Pedestrian traffic to and from the Godfathers' restaurant was surveyed during the Friday noon period. Sixty -three percent all of Godfathers' customers walked to and from the south, while thirty - seven percent were oriented to /from the north. Figure 3 presents traffic volumes using the Nicollet Avenue access point south of the bank and volumes exiting the drive- through bank facility during the P.M. peak hour. The P.M. peak hour is the maximum volume surveyed for four consecutive fifteen minute periods and is also the time period during which traffic on adjacent public roadways is the heaviest. As can be noted, the volume exiting onto Nicollet Avenue is three times the entering volume. This can be explained in part by bank drive - through traffic using this exit. It should be noted that this access point operated effectively and no congestion was observed. The majority of drive- through traffic (47 of a total of 79 vehicles) exits directly east to Nicollet Avenue while 16 vehicles proceed north out the narrow drive to West 65th Street. PROPOSED SITE REVISIONS. Figure 4 presents the proposed site plan for the bank. The drive - through facility would be relocated to the south side of the building. While the existing eastern entrance would remain open, the main entrance would be relocated to the north side of the structure. The existing secondary entrance on the south side would be removed. The existing access point to West 65th Street would be shifted to the west serving the drive - through facility, the new main entrance, and the new parking area replacing the existing drive - through facility. Minor revisions are also suggested on the Hub Center property directly west of the bank site to improve circulation patterns and create a more efficient parking layout. The drive- through facility, which provides stacking distance for approximately seven vehicles per teller, is proposed to be a one - way system circulating south and east. `DO NOT ENTER' signs would be placed at the two exits from the facility to avoid vehicles entering in the wrong direction. Vehicles exiting the drive - through adjacent to Nicollet Avenue would be controlled by a Stop sign. The eight parking spaces adjacent to Nicollet Avenue could serve bank employees or drive- through customers whose transaction required entering the main building. Seventeen customer parking spaces are proposed south of the drive- through facility. • • W. 65th Street Data Collection By Benshoof And Associates, Inc., Friday, March 15 And Friday, March 22., 1985 1ST WESTERN BANK - RICHFIELD - TRAFFIC STUDY FOR .-1ST WESTERN BANK - RICHFIELD BENSHOOF AND ASSOCIATES TOAN$PORTATION PLANNING ANO ENOINEEPMKi CON MMUNTS N G7 Q O V •r Q /3-d0 FIGURE 3 SELECTED P.M. PEAK HOUR (4:45 5:45) TRAFFIC MOVEMENTS W. 65th Street C - —1 i 1ST WESTERN BANK RICHFIELD - BENSHOOF AND ASSOCIA'MS TAANSAONTATION VIAWMNO ANO ENGNIEEA1NG CONSMTANTS TRAFFIC STUDY FOR -1ST WESTERN BANK - RICHFIELD - o u d FIGURE 4 PROPOSED SITE PLAN AND PROJECTED P.M. PEAK HOUR TRAFFIC AT SOUTHERN NICOLLET AVENUE ACCESS �3aa Mr. R.D. Hillyer -9 April 18, 1985 As noted, input has been provided concerning the proposed parking and circulation pattern. It is expected that this layout will function in a safe, effective manner and will create less vehicle/ pedestrian conflicts than occur under the existing layout. Certain usage patterns are expected to change as a result of the improve- ments. All drive- through traffic will exit into the area south of the bank; the effects of which are discussed in a following section. Bank customer parking in the area south of the building is expected to be reduced substantially for the following reasons: e Relocation of the main entrance to the north side of the bank. e Closure of the existing southwest secondary entrance. o Inconvenience for bank customers parking south of the bank due to the need for such customers to walk across the drive - through lanes as well as walk around the building. • Customers approaching from the west on West 65th Street currently enter the site just east of the Hub (Marshall's) and proceed to the area south'of the bank to park*. With the revised access point on West. 65th • Street being visible as a main access to the bank, this traffic will enter at this location and park north of the structure. • As a result of these revisions, it is expected that the number of bank customers parking south of the bank will be no more than 25% of the current number. I 13-4:23 Mr. R.D. Hillyer -10- April 18, 1985 OVERALL P.U.D. AREA PARKING Through discussions with City staff, we understand that the current parking supply for the Hub Center area is 1,216 spaces and that the City Code requires a minimum of 1,204 spaces. We further under- stand that 75 stalls are required for the 1st Western Bank. The current parking supply located on the bank property is 103 spaces. The revised site plan provides 96 stalls as well as three additional stalls located partially on both bank and Hub Center property. Minor revisions are also suggested on portions of the Hub Center property -to improve circulation and create additional spaces. It is recommended that construction of these revisions occur in conjunction with bank improvements. These improvements would increase the total parking in the three sub areas adjacent to the bank from 157 current stalls to 161 stalls, for a net gain of 4 spaces. For the following reasons, it is concluded that ample parking for the Hub Center area will continue to be available under the proposed site revisions: • • 96 stalls are proposed on the bank site, versus a code requirement of 75 stalls. • A maximum of 75 vehicles were observed parked in the • three sub areas adjacent to the bank at any given time. The total available supply in this location will be 150 to 161, substantially greater than this surveyed demand. • Were the Hub Center property west of the bank site not improved as suggested in this report, a net parking loss of seven spaces would occur. This would yield a total parking supply for the Hub Center of 1,209 stalls, still exceeding the code requirement of 1,204 stalls. • Were the suggested revisions on Hub Center property implemented, net parking supply would increase by four stalls to a total of 1,220 spaces. • ou • • Mr. R.G. Hillyer -It- April 18, 1985 EFFECTS ON CUSTOMER PARKING SOUTH OF THE BANK As noted, substantial information was gathered on the usage patterns of the parking area south of the bank. Based upon data concerning maximum surveyed parking, estimated employee parking, and destination of users, the following table presents the current usage of the area for the three Friday time periods: CURRENT PARKING IN AREA SOUTH OF BANK Fridav'Noon Friday Evenin Friday Night Employees 15: 12 12 Bank Customers 17 16 5 Hub Customers 5 11 14 Total Observed 37 39 31 As noted, usage of the lot by bank customers is expected to diminish to 25 percent of the current experience upon_ relocation of the drive - through. Additionally, bank employees will be required to park in the revised parking area northwest of the bank. It is recommended that Hub employees also be required to park in the general area west of the bank or in the southeast corner of the Hub property (northwest corner of Nicollet Avenue and 66th Street) in order to make as much parking available for Hub customers. Based upon these changes and recommendations concerning parking patterns, the following parking demand is projected for this area: PROJECTED PARKING IN AREA SOUTH OF BANK The revisions to the bank site will create 17 spaces adjacent to the Hub. Combining these spaces with the two stalls adjacent to Godfathers entrance, yields a total of 19 spaces readily available for customer parking. (The six existing spaces adjacent to the rear Hub entrances.are not expected to be readily identifiable as customer parking.) As the projected maximum customer parking demand is 15 spaces, it is concluded that the provision of 19 customer spaces is adequate. It should be further noted that the 17 spaces on the bank site will be more consistently available For -Hub customers than the current parking in that location, as the survey data shows that this area is currently used for longer term employee parking. Friday Noon Friday Evening Friday Night Bank Customers 5 4 1 Hub Customers 5 11 14 Employees 0 0 0 Total 10 15 15 The revisions to the bank site will create 17 spaces adjacent to the Hub. Combining these spaces with the two stalls adjacent to Godfathers entrance, yields a total of 19 spaces readily available for customer parking. (The six existing spaces adjacent to the rear Hub entrances.are not expected to be readily identifiable as customer parking.) As the projected maximum customer parking demand is 15 spaces, it is concluded that the provision of 19 customer spaces is adequate. It should be further noted that the 17 spaces on the bank site will be more consistently available For -Hub customers than the current parking in that location, as the survey data shows that this area is currently used for longer term employee parking. Mr. R.D. Hillyer -12- April 18, 1985 EFFECTS ON CIRCULATION AT THE NICOLLET AVENUE ACCESS As noted, during the P.M. peak hour (the time of heaviest usage), 17 vehicles enter at the access on Nicollet Avenue south of the bank, while 51 vehicles exit at this poi.nt. The proposed relo- cation of the drive- through will result in drive - through traffic exiting the tellers approximately 75 feet west of this Nicollet Avenue access. Accounting for reduced use of this access by bank customers currently parking in this southern area (25% of existing usage) and for drive- through traffic that currently exits at this l-ocation, it is estimated that the total future Hub and bank traffic will consist of 10 entering vehicles and 82 exiting vehicles. The total projected traffic at this location is presented on Figure 4. These projections are anticipated to be "a worst case" scenario in that some vehicles currently exiting from the drive - through to the east, may turn right out of the drive - through facility to proceed in a northerly direction. As can be noted, it is projected that seven less vehicles will enter at this location, while an additional 31 vehicles will exit. From these projected volumes, the characteristics and stacking distance available at this access point, and its current effective functioning, it is concluded that this access will operate in a safe and effective manner. It is further concluded that additional capacity is available at this location were bank and Hub business to increase. It Is estimated that this access can accommodate 200 to 250 vehicles during the peak hour based upon the following reasons: • The limited number of turn movements possible at this intersection (right in - right out only). . • The gaps created in southbound traffic on Nicollet Avenue by the traffic signal at West 65th Street. • Past professional experiences and observations at access points with similar geometrics and characteristics. /3-0 • r11 C7 43 _d �a Mr. R.D. Hillyer -13- April 18, 1985 0 CONCLUSIONS This study analyzed the parking and traffic implications of the proposed relocation of the 1st Western Bank drive - through facility to the south of the existing building. Principal purposes were to determine the effects on overall parking for the Hub Center area, the availability of customer parking in the area south of the bank, and the ability of the Nicollet Avenue access to function effectively. Substantial data on the existing parking and traffic patterns were obtained through field surveys to assist in the analysis. From the analysis, the following conclusions are made: • An ample parking supply will be available for the overall area after construction of the proposed site improvements. If all suggested minor improvements on Hub Center property are instituted, the net parking supply will increase by four spaces. • Adequate parking will be available for both bank and Hub customers in area south of the bank. e The access point on Nicollet Avenue south of the bank will operate in a safe and effective manner and has ample capacity for additional traffic if an increase in bank and Hub Center customers occurs. MLW:sm:001 • e • 0 • JAMES P. LARKIN ROBERT L. HOFFMAN JACK F. DAL" . KENN[TH LINDGREN NOREW W. DANIELSON W END.,.. R. ANDERSON • GERALD H. FRIEOCLL ROBERT B. WHITLOCK ALLAN E. MULLIGAN ROBERT J. HENNESSEY RONALD R. FLCTCHCR JAM C3 C. ERICKSON EDWARD J. DRISCOLL JAMES P. MILEY JOHN A. MCHUGH GENE N. FULLER JOSEPH W. ANTHONY DAVID C. SELLERGREN JOHN D. FULLME-R ROBERT C. BOYLE FRANK I. HARVEY RICHARD A. FORSCHLER RICHARD A. NOROSYE ROBERT T MONTAGUC, JR. CHARLES S. MOOCLL CHRISTOPHER J. OIETZEN RICHARD 1. 01AMONO JOHN R. BEATTIE JAMES M. STROTH.CR LINDA H. FISHER THOMAS P. STOLTMAN STEVEN G. LEVIN FORREST 0. NOWLIN MICHAEL C. JACKMAN MICHAEL S. MARGULIES STEPHEN B. SOLOMON JOHN C. DICML June 6, 1985 I.A.RKIN, HOFFMAN, DALY & LINDGREN, LTD. ATTORNEYS AT LAW 2000 PIPER JAFFRAY TOWER 222 SOUTH NINTH STREET MINNEAPOLIS, MINNESOTA SS402 TELEPHONE (612) 338-6610 ISOO NORTHWESTERN FINANCIAL CENTER FEDERAL PRACTICE PARTNERSHIP 7900 XERXES AVENUE SOUTH BLOOMINGTON, MINNESOTA 55431 TELEPHONE (612) 835 -3800 Richfield City Council Attn: John Hamilton, Mayor Richfield City Hall 6700 Portland Avenue South of ichfield, Minnesota 55423 RE: First Western Bank Dear Mayor Hamilton and Council Members: LARKIN, NOEL 6 FALK SUITE 1110 1301 PENNSYI.VANIA,N.W. WASHINGTON, O.C. 20004 TELEPHONE (2021737-1000 13_2�7 GERALD. L. BECK THOMAS B. HUMPMREY, JR. PETER K. BECK JON S. SWI ERZEWSKI THOMAS J. FLYNN RODERICK 1. MACKENZIE JAMES P. GUINN ROBERT G. RENNER, JR. DANIEL A. OUINLAN JEROME H. KAHNKE TODD 1. FREEMAN ANDREW J. MITCHELL DAVID G. MOELLER JOHN A. COTTER- KATHLEEN M.OATES+ THOMAS O. MACDONALO• BRAOLEY H. LEHRMAN BEATRICE A. ROTHWEILCR SHERRILL OMAN KURETICH PAUL B. PLUNKETT SUSAN R. SURNIGHT AMY DARR GRADY ALAN L. KILOOW GARTH C. COLLER MARK E OUVAL KATHLEEN M. PICOTTE NEWMAN LARRY A. KOCH PETER J. COYLE CATHERINE BARNETT WILSON- OF' COUNSEL JOSEPM GITI5 THOMAS H. CAREY +ALSO ADMITTED IN WISCONSIN We are attorneys for First Western Bank - Richfield (the Bank). This letter sets forth certain facts relating to the Bank's request for Planned Unit Development Plan Amendment to allow modernization of the Bank's facilities. The Bank's request was originally scheduled for February 26, 1985, before the Planning Commission. Because of concerns expressed by the owners of the HUB Shopping Center (HUB Owner) and City staff, it was continued on several occasions until May 28, 1985. During the period of delay, the Bank worked quite closely with City staff, the HUB Owner and its consultants to make every possible modification to the original proposal so as to meet the expressed concerns. At the HUB Owner's request, the Bank took a serious second look at locating the drive - through either north or west of the building. It did so through its architect and Benshoof and Associates, Inc. ( Benshoof), a parking and traffic consultant retained in response to the expressions of concern. Both options are precluded by adverse traffic circulation consequences and in- ternal building mechanical and functional obstacles. The Bank's concerted effort to resolve staff and HUB Owner concerns resulted in the addition of V t en parking spaces to the Bank's original proposal, seven of which are mmediately proximate to the east end of the HUB Center. The site plan now presented for approval reflects those modifications recommended by Benshoof, the Bank's architect, and is concurred in by City staff. l3 -2A LAxxIN, HOFFMAN, DALY & LINDoREN, LTD. Richfield City Council June 6, 1985 Page two On May 28, 1985, the Planning Commission voted 5 -1 to recommend approval. At the Planning Commission public hearing, the proposal was discussed for approximately two hours. The primary question was whether the plan allows sufficient parking on Bank property for customers of merchants in the east end of the HUB Center. By several observations during high -use days and time periods, Benshoof determined that the parking areas directly adjacent to the east end of the HUB Center were consistently used at a range of only 40% to 60% of the available parking spaces. Bank and HUB employees account for approximately 40% of current parking usage south of the Bank on Bank property; all of this employee parking would be moved northwesterly of the Bank to newly - constructed spaces. Of the remaining 60% constituting customer parking, more than one -half are Bank customers; with a new north main entrance to the Bank and closure of the south door, at least 75% of the Bank customers will no longer use the south parking spaces. Effectively, nearly all of the south parking spaces are available for HUB customers. The Benshoof report concludes, then, that there is sufficient parking for HUB customers. The staff and the Planning Commission have recommended approval of the Bank's request. The recommendation reflects critical and thorough review of the proposal and the Benshoof report's conclusion that the proposal improves the parking and traffic flow situation at the east end of the HUB Center The Bank's proposal results in an excess of 21 parking stalls over City Code requirements on the Bank's site, a total available supply at the east end of the HUB Center of more than double the number of spaces ob- served by the consultant in use in that area at any given time, and a total parking supply for the HUB Center in excess of City Code requirements. The Bank has brought forward this proposal for several reasons: 1) The existing drive- through facility has become technologically obsolete and is experiencing mechanical breakdowns; 2) Its physical separation from the Bank building creates a security problem for transfer of currency; 3) Locating the drive - through facility adjacent to the cashier section of the Bank maximizes effective utilization of Bank personnel; 4) The Bank wishes to substantially enhance the architectural appearance of its Bank building by adding canopies, reorienting its primary entrance to the north side of the building, and planting significant new landscaping (The land- scaping on the southwesterly corner, in particular, will act to screen the truck loading and back doors of the HUB Center not only from the Bank, but from Nicollet Avenue). LAAKIN, HOFFMAN, DALY & L.INDGREN, LTD. 0 Richfield City Council June 6, 1985 Page three In summary, the Bank strongly believes that the proposed revision is sub- stantially beneficial to the appearance and function not only of its entire facility, but the HUB Center as well. It is prepared to make a substantial investment in upgrading its facilities for the betterment of the City. It has worked quite closely with staff and its neighbors to resolve any con- cerns, resulting in an increased number of parking spaces at the eastern end of the HUB Center. It has retained the services of an independent traffic and parking consultant resulting in a report which concludes that existing traffic and parking functions are improved by the proposal. The imprecise and general objections of the HUB have been met to the maximum extent. The staff and the Planning Commission recommend approval. We ask that the City Council likewise approve the proposal. Dick Hillyer, President of First Western Bank; Michael Wonson, of Benshoof and Associates, Inc.; Darrell Anderson of the Design Partnership, the Bank's architect; and I will be present at the City Council meeting to provide a presentation on behalf of the Bank and answer your questions. 41 incerely yours, David C. Se ergren, r LARKIN, HOFFMAN, DALY & LINDGREN, Ltd DCS /ssg cc:/"J'ohn Cartwright, City Manager Richard Hillyer, First Western Bank Michael Wonson, Benshoof and Associates, Inc. Darrell Anderson, The Design Partnership • pia -/ CITY OF RICHFIELD, MINNESOTA • Office of City Manager Council Letter No. 221 Agenda June 10, 1985 The Honorable Mayor and Members of the City Council City of Richfield Subject: Variance Request at 7204 Pleasant Avenue. Council Members: PROPOSAL Mr. Irwin W. Bennett 7204 Pleasant Avenue, has requested that the city grant a variance from the sideyard setback to allow a 14 foot x 15.3 foot addition to an existing attached carport on the northwest side of the house. Currently, there is a 12 foot x 24 foot carport which is approximately 2.77 feet from the property line. The house next door (north side) is . five (5) feet from the property line. There is also an attached covered patio on the south side of the house approximately three (3) feet from the property line. The house next door on the south side is five (5) feet from the property line. The existing house is in the "R" (Residence) district. In the "R" district the required interior sideyard setback is 5 feet. The existing site does not meet the interior sideyard setback requirement on the northside and, hence, is a nonconforming use. If the roof over the patio is in fact less than five feet from the south side yard property line, then this factor is a second deviation from the required five foot sideyard requirement. Nonconforming uses cannot be expanded without first obtaining a variance. ZONING ORDINANCE REQUIREMENTS 1. Section 3.29, subdivision 1 indicates that non- conforming structures cannot be expanded. 2.- Section 3.30, subdivision 5, requires that a single family dwelling in "R" residence districts have a 5 foot interior sideyard setback. • 3. Section 3.40, subdivision 6, lists the three conditions which must be met for a variance to be granted. 0 -2- STAFF REVIEW /0),, - a Staff has reviewed the proposal against the three conditions which must be met for a variance to be granted and found the following: 1. That there are special circumstances or conditions affecting this land not common to other properties or similar districts. It is staff's opinion that there are no special circumstances present on this site. The site has an area of 7,246.80 square feet and is similar to other lots within the neighborhood. 2. That the granting of the application is necessary for the preservation and enjoyment of substantial property rights. It is staff's opinion that denial of the variance request would not be detrimental to reasonable use of the property. The existing single family residential use could continue on the site if the variance is denied. 3. That the granting of the application will not materially and adversely affect the health or safety of persons • residing or working in the neighborhood and will not be materially detrimental to the public welfare or injurious to improvements in the neighborhood. It is staff's opinion that granting of a variance would adversely affect the health or safety and welfare of the public in the area. There is a potential for fire spread dangers because of the close proximity of the houses in the neighborhood. STAFF RECOMMENDATION Staff must recommend denial of this variance request on the grounds that the three conditions for the variance have not been met. PLANNING COMMISSION RECOMMENDATION The Planning Commission voted unanimously to recommend denial of the variance request to allow a 14' x 15.33' addition to an existing attached carport at 7204 Pleasant Avenue South on the grounds that each of the three conditions for approval of a variance have not been met. R s4G.ar ;bmitted, Johght Cit • • m D z x 0 c m fi I'm N V W W O A L L E Y 0 j CT1 I W N V P L E A S A N T A V E N U E cn N O is -3 N r m D CO D = z 0 c co m D m z C m CO z 0 -41//-/ CITY OF RICHFIELD, MINNESOTA Office of City Manager Council Letter No. 220 Agenda June 10, 1985 The Honorable Mayor and Members of the City Council City of Richfield Subject: Public Hearing and Second Reading, Transitory Ordinance Providing For The Disposition of Real Property at 6636 Cedar Avenue and 1825 East 66th Street (Municipal Liquor Store Site) Dear Council Members: A public hearing and second reading of the transitory ordinance for the disposition of the above identified property • was scheduled for the May 13, 1985, City Council meeting. At the May 13th meeting, the hearing was continued until June 10th. This letter requests a continuation until June 24, 1985. The City Council met with the HRA and Planning Commission on April 15, 1985, to hear a presentation and to discuss the redevelopment of the Cedar Avenue liquor store site by Lincoln Companies. Lincoln Companies has proposed the development of an office - service center facility. As a result of the presentation and discussion, the City Council took several actions. Lincoln Companies was selected as the developer and staff was authorized to initiate negotiations for a developers' agreement. Also, the council gave first reading to the transitory ordinance providing for the sale of this property. The ordinance was also referred to the Planning Commission for their opinion as to the conformance of the sale with the Comprehensive Plan. Negotiations have been initiated with Lincoln Companies. The Planning Commission found the proposed sale to be in conformance with the Comprehensive Plan. However, negotiations have not yet resolved the issue of the new location for the Cedar Liquor Store. There are other issues to be dealt with as well. More time is required. Thus, it would be appropriate to continue the hearing. i It is recommended that hearing and second reading June 24, 1985, City Council JGC /eja is -2- the City Council continue the public of the transitory ordinance until -the meeting. R pecttrigh Imitted, ohn G. City Manager TRANSITORY ORDINANCE NO. A TRANSITORY ORDINANCE PROVIDING FOR THE. DISPOSITION OF CERTAIN REAL gROPERTY LOCATED AT 6636 CEDAR AVENUE SOUTH AND 1825 EAST 66TH STREET City of Richfield Does Ordain :. Section 1 ".._ The fallowing property, of- the City is hereby au- thorized to be sold or otherwise. disposed of: -- C.1) -Lots Y through 10, Block 1 Wexler's Addition, accord- ing to the recorded plat thereof. C2) That part of the East 1/2 of the Northeast 1/4 of the Yortheast. 1/4. of the. Southeast 1/4 of Section 26,. T.Townsh.ip 2$ .Korth, Range 24, West, of the 4th Principal Meridian Lying :forth o.f the. South. 43d Feet thereof, and East- of the West, 125 feet thereof', according to the Uaited States Government Survey-thereof and situated in Hennepin. County, 'Minn esota.. Section 2_. `Such- property may be sold or otherwise, disposed, of by the City- pursuant to and irt. accordance. with a resolutioa adopted- by-the City Council. Passed by the City C'ourcil of the City of Richfield, Minnesota, this day of Jar_n :iao ilton, Xayor ATTEST: Tom . er _er , City Clerk - • CITY OF RICHFIELD, MINNESOTA 10 Office of City Manager Council Letter No. 219 Agenda June 10, 1985 The Honor ble Mayor an Members of the City Council City of Richfield Subject: Ordinance Amendment Relating to State Electrical Licenses for Installers of Power Limited Alarm Circuits (to be continued to July, 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 the state statutes. The public hearing was scheduled for the April 22, 1985, city council meeting. At the April 22, 1985, city council meeting, the ordinance amendment was continued to the June 10, 1985, because amendments to the state statutes relating to this licensing procedure were being considered by the state legislature. Because the state legislature is still considering amendments to the state statutes relating to this licensing procedure, it is recommended that the hearing be continued to the July 22, 1985, city council meeting. JGC /eja 0 Respectf submitted, AMENDMENT TO CHAPTER III, 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 aCouncil Letter No. 218 Agenda June 10, 1985 The Honorable Mayor and Members of the City Council City of Richfield Subject: Board of Equalization - Henry Geerdes - 6817 Lyndale Council Members: The Board of Equalization heard an appeal of the appraised valuation of the property located at 6817 Lyndale Avenue at the June 3, 1985 meeting. The review of the Hennepin County Appraiser's estimated market value was postponed to June 10, 1985 so that additional information could be compiled by the County appraisers. On June 4, 1985, Larry Miller, Hennepin County Property Appraiser, conducted a review of the property located at 6817 Lyndale Avenue. Mr. Miller's review indicates a new Estimated Market Value of $96,900 (reduced from $99,800). Additionally, on June 6, Mr. Miller met with Mr. Geerdes to discuss the results of the review. Mr. Geerdes then indicated that the Estimated Market Value of $96,900 was acceptable to him and he did not wish to contest that value or appear at the reconvened meeting of the Board of Equalization on June 10 if not necessary. It is recommended that the Board of Equalization move to affirm the Assessor's new Estimated Market Value of $96,900 for the property known as 6817 Lyndale Avenue. Respectf y submitted, John G. Cartwr'ght City Manager JGC:sb cc: Hennepin County Principle Appraiser 0 CITY OF RICHFIELD, MINNESOTA 00—/ Office of City Manager Council Letter No. 217 Agenda June 10, 1985 The Honorable Mayor and Members of the City Council City of Richfield Subject: Board of Equalization - Bob Blumberg, representing Zimmerman Realty - 300 West 65th Street Council Members: At the June 3, 1985 Board of Equalization hearing, an appeal of the Estimated Market Value of the rental property located at 300 West 65th Street was considered. The Board of Equalization continued the appeal on this matter to June 10, 1985 to give the Hennepin County Property Appraisers additional time to gather information regarding the appraisal and to review information submitted by Mr. Blumberg, representing Zimmerman Realty. Subsequent to the June 3 meeting, Larry Miller, Hennepin • County Principle Property Appraiser, re- evaluated the property at 300 West 65th Street, using three different alternative methods for such appraisal. Mr. Miller utilized the Gross Income Approach, the Market Data Approach and the Net Income Capitalization Approach. An appraisal was made by each of the methods, resulting in a value range from $261,400 to $309,600. The specific methodology used in the three approaches will be described at the Board of Equalization hearing by Mr. Miller. As a result of the reappraisal, it is the Hennepin County Principle Appraiser's opinion that the Estimated Market Value of the subject property, as of January 2, 1985, is $284,200. Thus, it is recommended that the Board of Equalization sustain the Estimated Market Value of $262,500 as originally appraised for the subject property located at 300 West 65th Street. It should also be noted that information contained in the attachments to this Council Letter contain income data for • -2- 'p. '3� various property comparisons used. That information is not public, according to our interpretation of the Minnesota Data Practices Act. Thus, the information should be treated as confidential and not shared with the public. Respectfully submitted, John G. Cartwright City Manager JGC:sb Attachments cc: Larry Miller Hennepin County Principle Property Appraiser u E • �&7in -/ CITY OF RICHFIELD, MINNESOTA Office of City Manager Council Letter No. 216 Agenda June 10, 1985 The Honorable Mayor and Members of the City Council City of Richfield Subject: Request for Permit for Illuminated Sign Council Members: Mark Halsten of the Sony Sound Center has requested an adertising permit to erect an illuminated seon sign•.inside the front window at 6439 Lyndale Avenue. .The sign will measure 7' x 3' with constant illumination. City Council approval is necessary for the issuance of an illuminated sign permit. The city staff has reviewed the sign permit application and • finds that the sign conforms to all applicable city ordinances. It is recommended that the city council approve this permit application. JGC /eja ectful y fitted, John G. Car Nr ig City Manager APPROVE DE:T": APPROVE DEN'YU: City Manager Inspector-,,,,, Date Date- APPROVE APPROVE Q 7)Elw el:_tf, � -i APPROVE .71 DE:;1'❑: Planning epartment Citv Council Date 9 �cLS 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 (' U� i !' �� Proprietor Name f ;. �i^ X �_.�. DBA Sign Erector /�> /,!: r ,:us'daress W 5 • `r T e of Sign Desian Weather Cover Liehtin, Wall Single Face Clear Lexon Constant Projecting Double Face Frosted Lexon Flashing Ground Multi -Faced Plastic Covered Revolving Roof Aerial /Blimp Shaded Traveling Pedestal Searchlight Neon Zip Lite Changeable Banner /Pennants Other Other(Explain; Temporary Portable Frame: Sign Colors WI-1171P e- Trailer T a A Post Illuminated -.' Yes�� No Watts �/ / trical Contractor /y ZL'"/f ° �i�. � =.-!mot Address 7/? -5d • S! Phone Property Owner or his Agent Signature �?. _ ' �G✓ i'� w ! '�-s C6- z� G Phone � Estimated Cost / L /DG Sign Width X71 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. :",inor 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? L1,� Will the sign, Jstructure, or billboard restrict an% for.safe access by persons destined for or passing Applicant's Signature and Title with Firm Phone Number _,,C'c� !R sight distance under, around, or over the subject premises? /�`� Date PLEASE SEE REVERSE SIDE FOr SIGN LOCATION SKETCH Sivert Hendrickson /Building Official - 866 -5061 �. - .J. i �:� e�.' � 7t- / CITY OF RICHFIELD, MINNESOTA Office of City Manager Council Letter No. 215 Agenda June 10, 1985 The Honorable Mayor and Members of the City Council City of Richfield Subject: Request for Permit for Illuminated Sign. Leroy Signs has requested an advertising permit to erect a 12' X 416" illuminated wall sign at the Fred Babcock VFW located at 710 Lakeshore Drive. - City Council approval is required for issuance of an illuminated sign permit. The Inspection Division has reviewed this permit application and finds that the sign conforms to Richfield city ordinances. It is recommended that the City Council approve this permit • for an illuminated sign at 710 Lake Shore Drive. JGC /eja U R pectfu / bmitted, � r Cohn G. Ca twrig City Manage APPROVE ❑ DENY: APPROVE DE\'Y ": _c.•�,r -cC�c City "tanager Inspector Date Date APPROVE S 1) E,N'Y17 � + >' �.,� -{;�< APPROVE DE:1�: Planning be artment City Council Date�3i ``±,� Date 0 i Route to above for specia'_ approval per code Gcneral Signs APPLICATION FOR ADVERTISING PER.. -UT City of Richfield, *Minnesota Date S/1 Zoning Sign Erected - Yes No Fee Address of Sign 7 to Le � SNc _� �z �JL Proprietor Named `zj f�i5ccce< 1�,L/ DBA Sign Erector Address Z_7 ��c.Cp �-� �z �,�� lf'cS S 3� Z TTpe of Sign Design Weather Cover Lichtinz Wall Projecting Ground Roof Pedestal Changeable Temporary Single Face Double Face Multi -Faced Aerial /Blimp Searchlight Banner /Pennants Portable Frame: Trailer " T 7 A 0 Post 0 Clear Lexon Frosted Lexon Plastic Covered Shaded Neon Other Sign Colors If Illuminated Yes) No Watts trical Contractor Address Property Owner or his Agent Signature Estimated Cost 2S`lt� Sign Width ( Z- Height �- Position of the advertisement structure in relationship to the a curbs, roadways, overhead utility lines, vehicle movement lines, drawing with significant dimensions and attached hereto of major defined on page Z. Constant Flashing Revolving Traveling Zip Lite Other(Explain) Phone Phone Total Square Feet 3jacent buildings, sidewalks, or public facilities on signs. Minor signs as 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, for safe access by persons destined for or passing 'the subject premises? Applicant's Signature and Title with Firm Date Phone Number < 1�s PLEASE SEE REVERSE SIDE FOR SIGN LOCATION SKETCH Sivert Hendrickson /Buildinb Official - 866 -5061 or over 0 7A-L CITY OF RICHFIELD, MINNESOTA Office of City Manager Council Letter No. 214 Agenda June 10, 1985 The Honorable Mayor and Members of the City Council City of Richfield Subject: Request for Permit for Illuminated Sign. Dahlen Sign Company has requested an advertising permit to install an illuminated 8' X 3' wall sign at Midwest Dental Associates at 407 West 66th Street. The sign conforms to applicable city ordinances, with the provision that it matches the existing signage on the north side of the building. City Council approval is required for issuance of an illuminated sign permit. It is recommended that the City Council approve this sign . permit application with the stipulation that the sign match the existing signage on the north side of the building. JGC /eja C7 pectfu % bmitted, Cohn G. Ca� ity Manage APPROVE 1-1 DENY U : APPROVE DENY":— City Manager Inspecto 7� Date Date___�3 APPROVE El DENY❑ : ;'�_ APPROVE ❑ DENY : Planning Department City Council 'M�� M• sz�r -t t, N� Date J I��; Date Route to above for special approval per code General Signs APPLICATION FOR ADVERTISING PERMIT City of Richfield, Minnesota S Date 5Z oning Sign Erected - Yes No Fee Address of Sign L�o 7 (,(J 6 S7` Proprietor Name,//7 ��f 5 , `�I�BA Sign Erector OG s %�-� Address _LJ-7 Type of Sign Design Weather Cover Lighting 41wall Projecting Ground Roof Pedestal Changeable Temporary Trailer Single Face Double Face Multi -Faced Aerial /Blimp Searchlight Banner /Pennants Portable Frame: T D A n Post Clear Lexon rRevolving ant Frosted Lexon ing Plastic Covered Shaded ling Neon ite Other (Explain) Sign Colors AIlluminated T Watts ectrical Contractor Jn/'rL�CT2ic�ddress Phone Property Owner or his Agent Signature Phone Estimated Cost, Z, e ec •0C Sign Width Height��Total Square Feet I y 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 safe access by by persons destined for or passing the subject premises? /(/J Applicant's Signature and Title with Firm Date Phone Numbed y� 3 8/83 PLEASE SEE REVERSE SIDE FOR SIGN LOCATION SKETCH Sivert Hendrickson /Building Official - 866 -5061 n�, -.07J -/ CITY OF RICHFIELD, MINNESOTA Office of City Manager • Council Letter No. 213 Agenda June 10, 1985 The Honorable Mayor and Members of the City Council City of Richfield Subject: Request for Permit for Illuminated Sign. Nordquist Sign Company has requested an advertising permit to erect a 12' x 10' 4" illuminated sign at the Pannekoekin Huis, 3020 West 66th Street. The support for the existing ground sign will be used, and new signage will be added. The city staff has reviewed the permit application and finds that the sign conforms to all city ordinances pertaining to signs of this nature. City Council approval is required for the issuance of an illuminated sign permit. It is recommended that the city council approve this request for an illuminated sign at the Pannekoekin Huis. • JGC /eja • i, I t� 41 _.•j 71 This sketch is the property of , NORIMPOINI'll N' I 4'Pl N Cl 4 0 1 N Cl 312 West Lake Street APPROVE, DE*' a : APPROVE DE N- YE]: City tanager '"---- --" inspector 5 j— Date D : Date x APPROVE DENY" .�flENY Planning. Depart; Date Cite Council.. Date 12`� ! `� Date Route to above for special approval per code General Sins APPLICATION FOR ADVERTISING PERMIT Citv of Richfield, Minnesota Date , �7/2� Zoning Sign Erected - Yes No ✓ Fee 0© Address of Sign�js?D Proprietor tame', r� e,�loN.GPi��,� -5 DBA Sy�710 Sign Erector. � ,�T Address 7i /�T 1 ak P R.?, 3 -??�/ of S Wall Projecting Ground Roof Pedestal Changeable Temporary Trailer If. Illuminated No ien Single Face Double Face Multi -Faced Aerial /Blimp Searchlight Banner /Pennants Portable Frame: T Q A [ Post Weather Cover Li2hti Clear Lexon Constant Frosted Lexon Flashing Plastic Covered Revolving Shaded Traveling Neon- Zip Lite Other Other(Explain) Sign Colors .` � Watts /O. Electrical Contractor —' Address Phone 1•roperty Owner or his Agent Signature x Phone ,�� - 7�? P Estimated Cost ( Q!�0 Sign k'dthHeight /o ''` Total Square Feet�o Position of the advertisement structure in relationship to the adjacent buildings, si-dewalks,: 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. IDoes the sign copy relate solely to the business, institution, or activity conducted on the premises? I Will-the sign, structure, or billboard restrict any sight distance under, around, or over for safe access by persons destined for or passing the subject premises? ' Applicant's Signature and Title with Firm I Phone Number - S?Y 3- 7-2 9 Ikt 8/83 Date .g-- /2 Ap, PLEASE SEE REVERSE SIDE FOR SICK LOCATION SKETCH Sivert Hendrickson /Building Official - 866 -5061 CITY OF RICHFIELD, MINNESOTA • Office of City Manager Council Letter No. 212 Agenda June 10, 1985 The Honorable Mayor and Members of the City Council City of Richfield Subject: Request for Advertising Permit For Illuminated Sign at Bethany Covenant Church, 7121 Bloomington Council Members: Bethany Covenant Church has requested an advertising permit to illuminate their 6' x 3' sign at 7121 Bloomington Avenue. They propose to illuminate this double - faced sign with flourescent lighting. The city ordinance code provides that illuminated signs must be approved by the city council. The staff has reviewed this • sign application and finds that the proposed illuminated sign conforms to city ordinance requirements. It is recommended that the city council approve this permit for an illuminated sign at the Bethany Covenant Church, 7121 Bloomington Avenue. JGC /eja • Respectf y ubmitted, John G. Ca wr'g t City Manager DENY" City Manager Date APPROVE =17 7)ENY" : Planning Department Date S-- "l P - APPROVE DENY" :frG.,.t Inspector , Date S� � 'Oo APPROVE " DENY": City Council Date Route to above for special approval per code General Signs I APPLICATION FOR ADVERTISING PERMIT City-of Richfield, Minnesota Date E72 Zoning Sign Erected - Yes // No Fee 'T !a• Address of Sign / ,x % f{' : j/ iy ' ` Proprietor Name? 1 !Ji /�1G t Ac?/Z 7' Sign Erector 5 E zz! Address Tyne of Sign Desien Weather Cover Lighting k /S% 'e? J / (" ilJ eclluminated Yes No. Watts C6' trical Contractor -,*. -& Address Phone / Property Owner or his Agent Signature /it �c`"}• - Phone (P 7i�o o Estimated Cost Sign Width 6(0 `Height .,� Total Square Feet �Q Position of the advertisement structure in rehationship 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 c y relate solely to the business, institution, or activity conducted on the premises? j Will the sign, structure, or billboard restrict any sight distance under, aro. , or over for safe access by, persons destined for or passing the subject premises? Applicant's Signature and Tit e with Firm / // Date Phone Number E� 2 y e- �- ot 8/83 PLEASE SEE REVERSE SIDE FOR SIGN LOCATION SKETCH Sivert Hendrickson /Building Official - 866 -5061 Afli i '4 i /9r^..:- Wall ojecting Ground Roof Pedestal Changeable Temporary Trailer .,Single Face Double Face Multi -Faced Aerial /Blimp Searchlight • Banner /Pennants Portable Frame: TM A[] Post Clear Lexon 1 Constant Frosted Lexon Flashing ,Plastic Covered Revolving Shaded Traveling Neon Zip Lite Other Other(Explain) Sign Colors k /S% 'e? J / (" ilJ eclluminated Yes No. Watts C6' trical Contractor -,*. -& Address Phone / Property Owner or his Agent Signature /it �c`"}• - Phone (P 7i�o o Estimated Cost Sign Width 6(0 `Height .,� Total Square Feet �Q Position of the advertisement structure in rehationship 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 c y relate solely to the business, institution, or activity conducted on the premises? j Will the sign, structure, or billboard restrict any sight distance under, aro. , or over for safe access by, persons destined for or passing the subject premises? Applicant's Signature and Tit e with Firm / // Date Phone Number E� 2 y e- �- ot 8/83 PLEASE SEE REVERSE SIDE FOR SIGN LOCATION SKETCH Sivert Hendrickson /Building Official - 866 -5061 Afli i '4 i /9r^..:- GROUND SIGN .WIDTH ,�. r, ef LEGEND WALL SIGN ---� -- -WIDTH LEGEND PEDESTAL SIGN r� -WIDTH ----- LEGEND ROOF SIGN WIDTH LEGEND N—ST.i� 7 -r j L� PROJECTING SIGN IDTH Indicate Distance From The Building Indicate legend on the the reverse side in 1.11= SUdI:C U=-LUW LEGEND v ef9li/�' . wGee + IT PIT Place location of sign on this sketch with distance the sign is from property lines. Locate any traffic lights within 300 feet. DEFINITION: Minor Signs -- Single or double faced sign less than 32 sq. ft. I on a common board INDICATE NORTH LKT /8/83 • L� 0 CITY OF RICHFIELD, MINNESOTA Office of City Manager The Honorable Mayor and Members of the City Council City of Richfield Subject: City Project No. Avenue Frontage Approval) Council Members: Council Letter No. s7N -/ 211 Agenda June 10, 1985 803, Reconstruction of Longfellow Road (Contingent Upon State Aid On May 17, 1985, bids were opened for 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 bid minutes and tabulations are attached for council review. Six bids were received for Inc. of Minneapolis, submitted $188,106.97. The Richfield sh $20,000. Most of this $20,000 assessments against benefiting driveway aprons). this work. Bituminous Roadways, the low bid in the amount of are of the project cost is will be funded by special properties (curb, gutter, and In accordance with state statutes, a municipality may request authorization to use part of its MSA allotments for improvements of streets not on the State Aid Street System. The attached resolution shall serve as formal authorization for this appropriation. It is recommended that the city council take the following action: 1. Pass the attached resolution to accept the bid minutes and to award the contract for the Longfellow Avenue street improvements (Project 803) to Bituminus Roadways, Inc. in the amount of $188,106.97, contingent upon State Aid approval; and -2- 711 a • 2. Pass the attached resolution appropriating $20,000 of MSA construction funds to SAP 157 - 010 -01, Reconstruction of Longfellow Avenue frontage road. R pectfu ly bmitted, ohn G. ar rig t City Manager JGC /eja • 0 • • CITY OF RICHFIELD BID OPENING May 17, 1985 Concrete Curb, Gutter and Street Paving - Longfellow Avenue CITY PROJECT No. 803 Pursant to requirements of Resolution No. 7021, 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 Concrete Curb, Gutter and Street Paving, City Project No. 803, as advertised in the official news- paper on April 24, 1985. 711-3 Present: Steven Devich, Administrative Services Director /Assistant City Manager Donald Fondrick, Community Services Director Thomas P. Ferber, City Clerk The following bids were submitted and read aloud: Alexander Construction Co. 5% TOTAL BID $ 210,333.80 Bituminous Roadways 5% 188,106.97 Minneapolis McNamara Contracting 5% 188,590.65 Apple Valley Midwest Asphalt Corp. 5% 224,587.70 Valley Paving, Inc. 5% 188,556.50 Shakopee Northwest Asphalt, Inc. 5% 211,612.30 Shakopee The City Clerk announced that the bids would be tabulated and considered at the June 10, 1985 City Council Meeting. Thomas P. Ferber, City Clerk 7#-,� RESOLUTION NO. RESOLUTION ACCEPTING BID AND AWARDING CONTRACT, CONTINGENT UPON STATE AID APPROVAL CITY PROJECT NO. 803, LONGFELLOW AVENUE STREET IMPROVEMENTS WHEREAS, pursuant to an advertisement for bids 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, bids were received, ripened and tabulated according to law, and the following bids were received complying with the advertisement: Bituminous Roadways, Inc $188,106.97 Valley Paving Inc. $188,556.50 McNamara Contracting Co., Inc. $188,590.65 Alexander Construction CO. $210,333.80 Northwest Asphalt Inc. $211,612.30 Midwest Asphalt Corp. $224,587.70 AND WHEREAS, it appears that Bituminous Roadways,.Inc. of Minneapolis 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 manager are hereby authorized and directed to enter into a contract with Bituminous Roadways, Inc. of Minneapolis, contingent upon State Aid approval, in the name of the City of Richfield for the improvement of Longfellow Avenue, 66th Street to 69th Street by reconstruction, paving, curb and gutter and drive aprons and to overlay with bituminous the Highway 77 east frontage road, 69th Street to 24th Avenue, according to the plans and specifications therefore approved by the city council and on file in the office of the city engineer. 2. 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. • Adopted by the City Council of the City of Richfield, Minnesota this 10th day of June, 1985. Jon ami ton, Mayor ATTEST: Thomas P. Ferber City Clerk 7#-,5 r� LJ • RESOLUTION NO. 7N -6 RESOLUTION APPROPRIATING MUNICIPAL STATE AID CONSTRUCTION FUNDS TO S.A.P. 157- 010 -01, RECONSTRUCTION OF LONGFELLOW AVENUE 0 FRONTAGE ROAD WHEREAS, it has been deemed advisable and necessary for the City of Richfield to participate in the cost of a construction project located on Longfellow Avenue between 66th Street and 69th Street by reconstruction, paving, curb and gutter and drive aprons and to overlay with bituminous the Highway 77 east frontage road, 69th. Street to 24th Avenue within the limits of said municipality, and WHEREAS, said construction project has been approved by the Minnesota Department of Transportation and identified in its records as S.A.P. 157 - 010 -01. NOW THEREFORE, BE IT RESOLVED that the City of Richfield does hereby appropriate from our Municipal State Aid Construction Funds the sum of Twenty Thousand Dollars ($20,000) to apply toward the construction of said project and request the Commissioner of Transportation to approve this authorization. Adopted by the City Council of the City of Richfield, Minnesota this 10th day of June, 1985. John Hamilton, Mayor ATTEST: Thomas P. Ferber, City Clerk • # 76 -/ CITY OF RICHFIELD, MINNESOTA 41 Office of City Manager Council Letter No. 210 Agenda June 10, 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 is one such item on the June 10 agenda. Agreement for Consulting Services - Legion Lake It is the consensus of the city council, the HRA, the Planning Commission and the Community Services Commission that Legion Lake shall be developed as a park site and that housing shall be placed at an alternate site or sites. Gair and Associates, a subsidiary of Orr- Schelen- Mayeron, was the consultant through the concept plan phase of the Legion Lake project. The next step in the project is to develop a preliminary plan. This phase includes meetings with citizens and advisory groups, preparation of schematic plans depicting full range of potential development including diagrams and image sketches and preparation of development costs for comparison purposes. The second phase would call for a final master plan with more specific cost estimates and recommended phasing sequence for development. The third phase would correlate a construction package with funding sources and assist in presentations to regulatory and funding agencies. The fourth phase prepares detailed design plans for work documents and specifications. The fifth phase is bidding procedures including advertisement, bidders, conference and award of contract. The sixth phase(s) would be actual construction. Due to the scope, it will be necessary to have a professional consultant working on the Legion Lake project. As the firm working with the concept plan is very familiar is with the project, it is recommended the city council authorize an agreement with Gair and Associates, a subsidiary of Orr- 76 -a- -2- Schelen - Mayeron, for professional planning and engineering services related to the Legion Lake project. Phase I (Preliminary Plans based on community input) and Phase II (Final Master Plan Preparation and Phasing) are anticipated to be complete by the end of July, 1985 at a fee not to exceed $26,805. Phase III (Project Development) is anticipated to be complete by the end of August at a fee not to exceed $4,700. Subsequent phases would have time lines based on city council decisions and fees based on construction costs. It is recommended the city council authorize an agreement for professional planning and engineering services related to this multi - million dollar Legion Lake Park project with Gair and Associates, a subsidiary of Orr- Schelen- Mayeron, at a cost not to exceed $31,505 for Phases I through III and subsequent phases at a fee based on construction budget. Payment for services performed shall be made on a time and material basis. The Director of Community Services will be present to answer any questions the city council may have about the proposed agreement. n LJ JGC /eja 0 Respectf abmitted, ohn G. Ca twrigh City Manager / 7G:3 AGREEMENT FOR PPROFESSIONAL PLANNING & ENGINEERING SERVICES LEMON LAKE PARK RICHFIELD, MINNESOTA THIS CONTRACT, made and entered into as of this day of , 1985 by and between Gair & Associates (hereinafter referred to as CONSULTANT) to perform the following services for the City of Richfield, Minnesota (hereinafter referred to as CITY) in Legion Lake Park located in the City of Richfield. W I T N E S S E T H: WHEREAS, the CITY is desirous of securing professional planning and engi- neering services for: 1) The preparation of plans and specifications and construction observation on the Legion Lake Park project; 2) The review, evaluation and construction observation of the project; and 3) The CONSULTANT is to aid the CITY where so directed; and WHEREAS, CONSULTANT is a competent and qualified planning and design firm capable of fulfilling the requirements of this Contract; and NOW, THEREFORE, for and in consideration of the mutual covenants and condi- tions hereinafter contained, it is agreed by and between the CITY, City Council . and the CONSULTANT as follows: I. SCOPE OF SERVICES The CONSULTANT's services include normal planning, landscape architecture, engi- neering and architectural services required to complete the following: A. PHASE I - PRELIMINARY PLANS - 3 SCHEMATICS: (1) Develop Preliminary Plan: The CONSULTANT agrees to conduct the necessary meetings to generate facilities programming, tentative priorities, scenarios of development, cost estimates and review sessions. a. Conduct Consultant's "Brainstorm Session" b. Conduct Combined Client /Consultant "Brainstorm Session" c. Produce programs and facility capacity data, basis for plan prepa- ration d. Conduct One session with-citizens for input e. Prepare 3 schematic plans depicting full range of potential devel- opment. -1- 79-9 f. Prepare diagrams and image sketches for key design features for each schematic plan g. Review plans and exhibits with client for acceptance 0 h. Prepare general development costs for purposes of comparing rela- tive cost differences in the plans i. Refine plans, costs and prepare presentation materials and illus- trative exhibits for public presentation (2) Hold meetings with citizens, community services and City Council - Only 1 meeting budgeted. B. PHASE II - FINAL MASTER PLAN AND ADOPTION The CONSULTANT agrees to prepare a final plan, a compilation of all design input,. upon which subsequent design to implementation details will be based. (1) Client input session and concurrence of understanding of components of final plan a. Preparation of final Master Plan b. Preparation of exhibits illustrating image, character and key de- sign elements of the plan (2) Review and comment period by regulatory agencies (3) Prepare Cost Estimates and recommended phasing sequence. of development (4) Review sessions including: a. Meeting with Client b. Community Services Commission and City Council c. Public meeting by City Council C._ PHASE III - PROJECT DEVELOPMENT The CONSULTANT agrees to assist in the determination of the-exact scope of first phase, alternatives for purposes of correlating construction package with funding and: to, assist as may be necessary in the presentation of plans to other regulatory and funding agencies. D. PHASE IV - FINAL PLANS AND SPECIFICATIONS The CONSULTANT agrees to complete final designs by phase and the working drawings and specifications for all elements of the approved final design solution. • -2- 11 • Detailed .cost estimates based upon working drawing quantities requirements will be presented for City Council approval. E. PHASE V BIDDING PROCEDURES and specification The CONSULTANT agrees to provide printing, binding and the distributing to prospective bidders the completed set (or subsets) of plans and specifications required to prepare and submit bids on the project.. 1. Conduct a Bidder's Conference to explain the project, clarify questions about the project and the documents, and generally.describe the development process and special conditions required while working on the site. 2. Prepare and Issue Addenda to all bidders during the bidding period as required or requested. 3. Review the Bids received in order to assist in determination of the low or most responsive bid and election of alternates, and recommendation to the City Council-for award of contracts. F. PHASE VI - CONSTRUCTION Construction observation is provided by the project manager and includes periodic communication with the contractor and staff and periodic yisits to the site to interpret design intent of the plans and specifications; review and recommend payment and construction schedules; approve shop drawings; make general progress reports; review all field changes; review and comment on inspection reports; and participate in final inspection.and guarantee inspection. The service does not include on -site inspection, measurement or approval of quality or quantity of work completed, the responsibility for the contractor's construction means, methods, technique, procedures, safety precautions or the contractor's failure to perform in accordance with the contract documents. G. Additional services shall be provided only upon specific request or authorization by the CITY and may include: 1. Redesign, Revisions, Additions to /or Deletions from plans, drawings, specifications, reports, or other documents previously approved or accepted by the CITY or prepared on the basis of incomplete or inaccurate information, as a result of changes in rules, regulations procedures or requirements of related or reviewing agencies, or conditions affecting the project which are outside -of the control of CONSULTANT. 2. Inspection or Construction Management services and preparation of ,'r'ecord drawings in coordination with City inspector as a result of performance: of these services. II. FEES FOR PROFESSIONAL.SERVICES The CiTY shall compensate CONSULTANT for services described as follows.' 51! TG -6 PHASE I - Item I(a - i) and Item 2 A sum not to exceed $17,205.00 PHASE II - Items 1(a - b) - 2, 3 and 4(a - c) A sum not to exceed $9,600.00 PHASE III - A sum not to exceed $4,700.00 PHASE IV - To be negotiated on a percentage fee scale range of 5.5% of a $100,000 to $250,000 site construction budget; 4.9% of a $250,000 to $500,000 site construction budget, to 4.6% of a $500,000 to $1,000,000 site construction budget. Fees for site construction budgets of less than $100,000 will be negotiated on a cost plus basis. PHASE V - To be negotiated on a percentage fee scale of 0.4% of the site construction budget unless the site construction is less than $100,000 in which case the fee will be on a cost plus basis. PHASE VI - To be negotiated on a percentage fee scale range of 1.9% of the site construction budget of $100,000 to $250,000, 1.7% of'$250,000 to $500,000 budget, to 1.5% of $500,000 budget, to 1.5% of $500,000 to $1,000,000 site construction budget; construction budgets of less than $100,000 will have fees based on a cost plus basis. For additional services, a lump sum fee agreed to at the time of authorization, or a fee determined on the basis of the following hourly rate and expense schedule: Schedule of hourly salary costs to be multiplied by 2.25 to determine hourly fee. Principal $34.10 Project Manager 27.75 Project Engineer 22.50 Engineer 19.00 Engineering Designer 21.00 Engineering Technician 16.75 Engineering Technician I 14.75 Schedule for hourly salary costs to be multiplied by 2.15 to determine hourly fee. Construction Observer $19.00 3 -Man Survey Crew 38.00 2-Man Survey Crew 30.00 "Salary cost is defined as salaries (including sick leave, vacation or holiday pay applicable thereto) of personnel for time directly chargeable-to the project, plus unemployment and payroll taxes, employer's contribution for social security, employee's insurance, retirement benefits, and medical and surgical benefits. The actual salary cost is dependent upon the hourly rate of the employee assigned to the project, except that Construction Observers and Survey Crews will be charged at the flat rate shown above. -4- • • 76 -7 PAYMENT TO THE CONSULTANT MStatements of account of the CONSULTANT'S services shall be submitted monthly in proportion to services performed and are payable within thirty (30) days of receipt. is • TERM,,TERMINATION, SUCCESSORS AND ASSIGNS (1) The term of the (Agreement /Contract) shall be concurrent with the work authorized. The estimated completion date for the work designated as Phase I and II is July 22, 1985. It is expected that site work appro- priate to winter construction (dredging) could begin in December 1985 i f" i ncl uded in the first phase of development. (2) Termination may be accomplished at any time by written notice. This shall not relieve the CITY of its obligation to pay for the full value of the services performed to the date of termination. (3) The CITY and CONSULTANT each binds itself, its successors, assigns and legal representatives to the other party of this Agreement and to the partners, successors, assigns and legal representatives of such other party with respect to all covenants of this Agreement. (4) Neither the CITY nor the CONSULTANT shall assign, sublet or transfer his interest in this. Agreement without the written consent. of the other. CONSULTANT'S RECORDS, DOCUMENTS AND INSURANCE (1) CONSULTANT' shall maintain time records for hourly fees, design calculations and research notes in legible form which may be made available'to the CITY, if requested. (2) CONSULTANT shall carry insurance for protection from claims under Worker's Compensation Acts; from claims for damages because of bodily injury including death to his employees and the public from claims for property damage. (3) CONSULTANT reserves the right to secure and maintain statutory copyright in all published books, published or unpublished drawings of a scientific or technical character, and other works related to this PROJECT in which copyright may be claimed. The CITY shall have full rights to reproduce works under this Agreement either in whole or in part as related to this project. -5- I. 7G -F EXTENT OF AGREEMENT AND APPLICABLE LAW This Agreement represents the entire and integrated agreement between the CITY and CONSULTANT, supersedes all prior negotiations, representations, or agree - ments, whether written or oral, with respect to this project. This Agreement may be amended only by written instrument signed by both the CITY and the CONSULTANT. r DATE DATE CITY OF RICHFIELD BY: John Hamilton, Mayor BY: John G. Cartwright, City Manager LAIR & ASSOCIATES BY: ichae ir, Vice President am • • CITY OF RICHFIELD, MINNESOTA Office of City Manager The Honorable Mayor and Members of the City Council City of Richfield �d 1F l Council Letter No. 209 Agenda June 10, 1985 Subject: Resolution Relating to the Advisory Board of Health Council Members Recently, the Administrative Assistant to the City Manager completed a review of the resolutions establishing advisory boards and commissions of the city. During that review process it was discovered that when the city council established the Advisory Board of Health in 1976 in compliance with the Community Health Services Act of 1976, no resolution establishing this advisory board was presented to the city council for approval. The board membership criteria has followed a very general set • of membership provisions prepared by the State of Minnesota which incorporates the regulations of the Community Health Services Act (copy attached). For example, the number of members can range anywhere from nine to twenty -one members! Using the State of Minnesota regulations as a guideline, a resolution establishing an Advisory Board of Health has been prepared. A copy of that resolution is attached to this council letter. This item has been placed on the June 10, 1985, city council agenda for council action. The number of members to the Board of Health can vary from nine to twelve persons. The Chairperson for the Board of Health, Lia Ozols, has reviewed the resolution and gives her full support to the proposed resolution. It is recommended that the city council approve the attached resolution which, for the first time, formally establishes the Advisory Board of Health. Respeetf ubmitted, John G. Car wr' h City Manager JGC /eja 7L -2-oo, RESOLUTION NO. RESOLUTION ESTABLISHING ADVISORY BOARD OF HEALTH ADVISORY BOARD OF HEALTH WHEREAS, the Richfield Advisory Board of Health was established in January, 1977, with the appointment of the first Advisory Board of Health members; and WHEREAS, substantial changes in the organizational structure of the City of Richfield and the Advisory Board of Health have occurred since 1977; and WHEREAS, the purpose of this resolution is to define the purpose, duties and responsibilities of the Richfield Advisory Board of Health. NOW, THEREFORE BE IT RESOLVED: 1. The Advisory Board of Health shall serve in an advisory capacity to the City Council. 2. Membership shall consist of at least nine and not more than 12 members. All members must be residents of the City of Richfield. Members will be appointed by the City Council for two -year terms. No member may serve more than three consecutive terms. Membership on the Advisory Board of Health shall consist of members representing the following: 1/3 (not to exceed four members) shall be health care providers (including three licensed health professionals) ; 1/3 (not to exceed four members) shall be consumers representing community organizations; and, 1/3 (not to exceed four members) shall be a representative balance of the residents of the community. Terms of members shall begin on the first day of the month following their appointment, and shall continue until the first day of February of the year in which their term expires; or until their successor is named; subject, however, to prior termination as otherwise provided in this resolution. The board shall select its own officers. In addition to the 9 to 12 members of the Advisory Board of Health, the city council shall designate a city council member as liaison and a second council . member as alternate liaison. -2- 3. Staff services for the board shall be provided by the Public Safety Department of the City of Richfield • and the Director of Public Safety shall serve as staff liaison. 4. The duties of the Advisory Board of Health shall be to advise, consult with or make recommendations to the City Council on matters relating to the development, maintenance, funding and evalua- tion of community health services and programs. 5. Any of the following acts shall cause the office of a regular member to become vacated: (a) death; (b) disability or failure to serve, shown by failure to attend three (3).consecutive regular meetings of the commission without good cause; (c) removal of legal residence in the city; (d) resignation in writing; (e) removal by the city council; and, (f) election or appointment to a public office. Passed by the City Council of the City of Richfield this 10th day of June, 1985• John Hamilton Mayor ATTEST: Thomas Ferber City Clerk • r� • • ADVISORY BOARD OF HEALTH REQUIREMENTS OF THE INTERIM AND COMMUNITY HEALTH SERVICE ADVISORY COMMITTEES APPOINTED BY: Participating County Board(s) or City Council(s) from nominations solicitated from interested and affected organizations, community groups or constituencies. MEMBERSHIP Not less than 9 and no more than 21 members: INCLUDES: — 1/3 provider of health care (including three licensed health professionals) — 1/3 consumers representing community organizations. OFFICERS: Chair and Vice -Chair shall be elected for one year terms. MEETINGS: Shall be public and shall be held at least six times a year or at the call of the Chair. For the Interim Advisory Committee — minutes and agendas shall be maintained and transmitted to the County Board or City Council. For the Community Health Services Advisory Committee — minutes and agendas shall be maintained and trans- mitted to the Board of Health. TERMS OF OFFICE: First appointments may be for less than two years; thereafter all terms shall be two years and no member shall serve more than three consecutive terms. STAFF: Shall be provided to the Interim Advisory Committee by the County Board or City Council, and to the Community Health Services Advisory Committee by the Board of Health. STUDY GROUPS/ May be established to assist in collection of data, ongoing planning TASK FORCES activities and background materials for program development. SPECIAL Where Human Service Boards exist, it will be necessary to establish CONSIDERATIONS direct access between the Community Health Services Advisory Committee and the Human Services Board (Minn. Stat. 145.913, Subd. 3). This can be in the form of an assurance that any recom- mendations, reports or other materials will be received by the Human Service Board in a timely manner as originally submitted by the Community Health Services Advisory Committee. -11- 7�__ � -A, 7E -1 CITY OF RICHFIELD, MINNESOTA • Office of City Manager Council Letter No. 208 Agenda The Honorable Mayor and Members of the City Council City of Richfield Subject: Request for a Fee Waived License to Conduct Fourth of July Community Celebration Council Members: On May 13, 1985, the city council approved an ordinance which provided that community organizations must secure a license to conduct community celebrations in city parks. The license grants the organization holding the celebration to reserve the city's parks and to control the concession sales at the celebration. Paul Kaiser, Chairman of the Fourth of July Committee, has submitted an application to hold a 1985 community celebration on the 4th of July. The committee requests that the $5,000 license fee be waived. The 4th of July Committee has provided the necessary schedule of activities and a copy of their articles of incorporation. Subdivision 5 of the ordinance, "Application for License ", subsection (d) provides that when the Detailed Activity Plan (DAP) includes the sale of concessions, a statement of the uses to which the proceeds will be put be spelled out. The committee did not obtain this information and, therefore, it is not provided. However, it is known that the concessions will be operated by Richfield civic organizations for their community sponsored activities. It is recommended that the city approve this license and waive the $5,000 license fee. R ectf 1 bmitted, Z John G. Ca twrigh City Manage 746"-4�-- June 1, 1985 Mr. John Cartwright City Manager City of Richfield 6700 Portland Ave. So. Richfield, MN 55423 Dear John, Application for the Richfield 4th of July Committee Inc. to conduct a community celebration is hereby submitted. According to Richfield City ordinance 4.18 we are mandated to supply the following information prior to obtaining a license for this event. A. Name of Corporation: "Richfield 4th of July Committee Inc." B. Copy of Articles & Bylaws: "Articles attached. No bylaws as yet." C. Detailed Activity Plan: 10:00 A.M. Parade assembly at the Ice Arena. 12:00 P.M. Parade starts from 66th & Portland to Nicollet Ave. & then south to 70th St. where parade ends. 2:00 P.M. Entertainment in Augsburg Park featuring Bands, Drum & Bugle Corps, square dancing, concessions, and games for kiddies. 4:00 End of activities at Augsburg Park 7:45 P.M. start of music at Legion Lake 8:30 P.M. Raffle ticket winners and crowning of Miss Richfield. 9:00 P.M. Continue with music. 10:00 P.M. Fireworks. D. This DAP does include concessions. Each organization that sells concessions on this day has the proceeds go into their treasury. In the ensuing years a better accountable method will be in place. It is requested that the license fee of $5,000.00 be waived. We are willing to sign a precondition of issuance when such a document is made available. 0 C z y submitted, M. Kaise Chairman Richfield 4th of July Committee Inc. • E 0 -z- 7D a. It is recommended that the city council adopt the attached resolution approving execution of this addendum agreement with Local 49 and authorize the City Manager to implement the provisions of this contract. es e4Car ubmitted, Z ohn Ci ty Manager • L' • 70:3 RESOLUTION NO. RESOLUTION APPROVING LOCAL ADDENDUM TO MASTER LABOR CONTRACT BETWEEN CITY OF RICHFIELD AND INTERNATONAL UNION OF OPERATING ENGINEERS LOCAL 49 AFL /CIO FOR THE YEARS 1985 -1986 WHEREAS, the City Manager has reached an agreement with the International Union of Operating Engineers Local 49 for the years 1985/86, and WHEREAS, the personnel ordinance requires that contracts between the City and the exclusive representative of employees in an appropriate bargaining unit shall be implemented by council resolution. NOW, THEREFORE, BE IT RESOLVED that the City Council does hereby approve the Local Addendum to the Master Labor Contract between the City of Richfield and the International Union of Operating Engineers Local 49 for the years 1985/86. BE IT FURTHER RESOLVED that the City Manager is hereby authorized to execute the agreement on behalf of the City of Richfield. Passed by the City Council of the City of Richfield this 10th day of June, 1985. ATTEST: Thomas P. Ferber City Clerk John Hamilton Mayor • • • APPENDIX B 741. `i LOCAL ADDENDUM This supplementary agreement is entered into between the City of Richfield and the International Union of Operating Engineers, Local No. 49, AFL -CIO, for the period beginning January 1, 1985 and ending December 31, 1986. Nothing in this supplementary agreement may be in conflict with any provision of the MASTER AGREEMENT between. MAMA, the 'City of Richfield and I.U.O.E., Local No. 49,- AFL -CIO. In the event of conflict the MASTER AGREEMENT will prevail. ARTICLE I. RECOGNITION. (Refer to Article II of MASTER AGREEMENT, Page 2) 1.1 The Employer recognizes the Union as the exclusive representative under MN Statutes, Section f79.71, Subd. 3, in an appropriate' bargaining unit consisting of all employees of the following job classifications: GRADE* CLASSIFICATION LT1 Community Services Worker I LT3 Automotive Mechanic Assistant LT3 City Forester LT3 Community Services Worker II LT4 Leadworker (Temporary) LT4 Meter Repair & Record Control Worker LT5 Automotive Mechanic LT5 Community Services Worker III LT5 Water Plant Mechanic LT5 Water Plant Operator -20- T Following-is.the 1985 pay schedule for these grades: GRADE LT1 8.14/hr. LT2. 10.79 /hr. LT3 11.30/hr. LT4 11.51/hr. _ LT5 11.78/hr. 12 It is agreed by the EMPLOYER and the UNION that the appropriate _ bargaining unit contained herein shall not include custodians. ARTICLE II. PART TIME EMPLOYMENT. 2.1 Part -time employees regularly assigned by the EMPLOYER to work more than_.twenty (20) hours per week will receive pro -rata benefits under this Labor Agreement except for monthly premiums _: .. ,.for.grqup insurance benefits, which shall not be applicable to part -time employees covered by this agreement. 2.2 Part -time employees regularly assigned by the EMPLOYER to work lens than twenty (20) hours per week shall not receive any benefits under this Labor Agreement. ARTICLE III.. UNION.. SECURITY. ,(Refer,to_ Article III of MASTER AGREEMENT, Page 2 - Additional sect -ion, reading as follows:) . 3`.5 Not more than-,one (1) member of the Union Negotiating Committee ,,,:may be absent from duty with full pay for negotiation sessions ,.for the purpose of negotiating terms of an agreement if such sessions are scheduled at a time when a negotiating team member is scheduled to be on duty. Such absences from work must be approved by the Division Head and only if the Division Head determines that the absence would not be detrimental to division work programs. -21- -22- ARTICLE IV. WORKING OUT OF CLASSIFICATION. (Refer to Article XXII of MASTER AGREEMENT, Page 16) Employees required by the EMPLOYER and who are adjudged by the EMPLOYER to be qualified to operate the following items of equipment will be paid the Community Services Worker III rate of pay for those hours assigned to the unit: Motor Patrol Front end loader of more than 2.5 yds. capacity Street Sweeper* Backhoe with at least 6 -ft. read Roller, 7 ton or larger :...: Steamer Including Vac -All equipment, only when being used'for sweeping purposes. ARTICLE V. HOLIDAY LEAVE. 5.1 Employees, except for permanent part -time and'part -time probationary employees, shall receive -eleven ('11) holidays per year. Full -time shift employees shall'receive eighty -eight (88) hours of holiday leave per year. Holiday leave for such employees may be accrued to a maximum of eighty -eight (88) hours. Permanent part -time and part-time . probationary employee's-shall receive a proportional part of each eight -hour holiday based on the following formula: Average Hours worked each day.(exciud- ing holiday) during pay period'in which Number of holiday holiday occurred hours granted Less than 4.0 0 4.0 - 5.9 4 • 6.0 - 7.9 6 8.0 8 -22- other than shift employees: New Year's Day on January 1; President's Day on the third Monday in February; Memorial Day on the last Monday in May; Independence Day on July 4; Labor Day on the first Monday in September; Veteran's Day on November 11; • Thanksgiving Day on the fourth Thursday in November; Thanksgiving Friday on the fourth Friday in November; and Christmas Day on December 25. Employees shall receive one floating holiday to be scheduled with the approval of the Department Head or his designated representative. Employees shall receive one additional holiday each year, the specific date of which shall be designated by the City Manager at the beginning of each year_ during which said holiday shall occur. 5.3 Shift employees may request holiday leave at any time during the year with the provision that all such leave requests must be approved by the department head or his designated representative. In approving such schedules, the department head or his designated representative shall consider the needs of the municipal service and the wishes of the employee and shall respond to the employee's request within a reasonable length of time. Shift employees shall be charged for the use of holiday leave in the amount of not less than two (2) hours per occurrence. 5.4 A shift employee who voluntarily terminates his employment with the EMPLOYER shall be paid for his accumulated holiday leave hours as of his termination date provided he has given two weeks written notice of his termination. Employees who voluntarily terminate prior to completing a year of continuous and active City service shall not be eligible for terminal holiday leave • pay. -23- 1 0 • • W-9 ARTICLE VI. VACATION LEAVE. 6.1 -All permanent and full -time probationary employees shall be eligible -for vacation leave upon accrual except that no employee shall be allowed to use vacation leave until after the completion of one full year of employment. 6.2 Full -time employees shall accrue vacation leave according to the following schedule: A. From the beginning of continuous employment through; the fifth (5th) year of continuous employment, each employee shall earn vacation at the rate of 3.70 hours per pay period (twelve (12) days per year). B. From the beginning of the sixth (6th) year and on through the tenth (10th) year of continuous employment, each employee shall earn vacation at the rate of 4.62 hours per pay period , (fifteen (15) days per year). C. From the beginning of the eleventh (11th) year and on through the fifteenth (15th) year of continuous employment, each employee shall earn vacation at the rate of 5.54 hours per pay period (eighteen (18) days per year). D. From the beginning of the sixteenth (16th) year of continuous employment, and on, each employee shall.earn vacation at the rate of 6.16 hours per pay period (twenty (20) days per year). 6.3 Part -time permanent and part - time probationary employees shall. accrue vacation leave according to the following formula: -24- -25- -of Number hours Number of vacation worked bi= weekly hours granted bi- weekly • Less than 40 0 40 - 59 1.85 6b - 79 2.78 80 3.70 6.4 Vacation leave may be accumulated to a maximum of 240 hours. This provision can be waived if written authorization is obtained from the department head or his designated representative. Employees shall use vacation leave in the amount of not less than two hours. ` 6.5 In the event an employee voluntarily terminated his employment with the EMPLOYER, he shall be paid for his accumulated vacation hours as of his termination date, provided he has given two (2) .. weeks notice of his termination. Employees who voluntarily terminated prior to completing a year of continuous and active City service shall not be eligible for terminal vacation pay. 6.6 All vacation leave must be approved by the Department Head or his designated representative and filed in the prescribed manner with the Personnel Office. ARTICLE VII. SICK LEAVE. 7.1 Sick leave shall be- accrued by all full -time permanent and full- . �c time probationary employees at the rate of 3.70 hours per pay period up to a maximum of 960 hours. Thereafter the rate of accrual shall be two (2) hours per calendar month with no maximum accumulation. 7.2 Part -time permanent and part -time probationary employees shall accrue sick leave according to the following formula: -25- 740 -16 Number of hours Number of sick leave worked bi- weekly hours granted bi- weekly Less than 40 0 40 - 59 1.85 60 - 79 2.78 80 3.70 7.3 Sick leave may not be used by employees during the first six months of their employment. 7.4 Sick leave shall not be considered as a right and may not be used at the employee's discretion. Sick leave may be used only in case of actual illness or injury, legal quarantine, to receive dental or medical care, or for serious illness or death in the employee's immediate family. Immediate family shall be defined as the employee's wife, husband, children, mother, father, brother, sister, grandmother, grandfather, mother -in -law, and. father -in -law. Brother -in -law and sister -in -law shall be con- sidered as within the definition of immediate family only in the case of death. For serious illness or death in the immediate family, there shall be a maximum of three days sick leave permitted for any single occurrence. 7.5 The EMPLOYER has the right to verify the reported sickness of an employee and may require a doctor's certificate for absence due to sickness in those cases where there appears to be abuse of sick leave. In all instances, the burden of proof for the use of sick leave rests with the employee. ARTICLE VIII. SHIFT EXCHANGE. 8.1 Water Plant Operators may request to reschedule one eight (8) hour work shift per year, provided such work shift occurs during the day shift, normally between the hours of 7:00 a.m. -26- 70 - I,3 EMPLOYER. The EMPLOYER shall provide the Meter Repair and Record Control Worker, Water Plant Mechanic, Sewer Maintenance and Water Maintenance Workers and Water Plant Operators with appropriate, work clothing as determined by the EMPLOYER, which shall be maintained by the EMPLOYEE. ARTICLE XIII. COFFEE BREAKS. 13.1 Employees shall be granted a fifteen minute rest period on two separate occasions during each eight (8) hour work shift. One rest period shall be taken in the morning and one in the afternb6n. Such rest periods shall be taken in the field at the job site- - unless inclement weather would make such a practice unreasonably difficult. - ARTICLE XIV -DURATION'. This AGREEMENT shall be effective as of January 1, 1985 and shall remain in full force and effect until the 31st day of December, 1986. IN WITNESS WHEREOF, the parties hereto have executed this _...... _ ...... ..- - AGREEMENT,. on -thin day of , 1985. FOR THE CITY OF RICHFIELD:.. FOR THE INTERNATIONAL UNION OF Personnel Manager Date Administrative Services Director Date City Manager Date -29- OPERATING ENGINEERS, LOCAL NO. 49, AFL -CIO: Area Business Representative Date Steward Date 40 76 -.3 RESOLUTION NO. RESOLUTION APPROVING LOCAL ADDENDUM TO MASTER LABOR CONTRACT BETWEEN CITY OF RICHFIELD AND INTERNATONAL UNION OF OPERATING ENGINEERS LOCAL 49 AFL /CIO FOR THE YEARS 1985 -1986 WHEREAS, the City Manager has reached an agreement with the International Union of Operating Engineers Local 49 for the years 1985/86, and WHEREAS, the personnel ordinance requires that contracts between. the City and the exclusive representative of employees in an appropriate bargaining unit shall be implemented by council resolution. NOW, THEREFORE, BE IT RESOLVED that the City Council does hereby approve the Local- Addendum to the Master Labor Contract between the City of Richfield and the International Union of Operating Engineers Local 49 for the years 1985/86. BE IT FURTHER RESOLVED that the City Manager is hereby authorized to execute the agreement on behalf of the City of Richfield. Passed by the City Council of the City of Richfield this 10th day of June, 1985. John Hamilton Mayor ATTEST: Thomas P. Ferber City Clerk is June 17, 1983' Rick Jopke City of Richfield 6700 Portland Avenue South Richfield, Mn 55423. Dear Rick: SOUTH HENNEPIN HUMAN SERVICES COUNCIL Serving: Bloomington Eden Prairie Edina Richfield As indicated by your recent letter I am submitting our budget request under the category of Access To Information /Coordination to the City of Richfield for 1983-84 - Community Development Block Grant-Funding.. South Hennepin Human Services Council is requesting $3,000 ($2,000 for community planning and coordination and $1,000 for a revision of the mini- directory of human services in the South Hennepin area). The Human Services Council has been effective in addressing the needs of low income residents in Richfield. Some of the services provided include: - ongoing needs assessment, outreach, advocacy and service coordination on behalf of low income residents. - coordination of the South Hennepin Surplus Farm Commodities Program. - administration of emergency food, shelter, clothing and transportation services. - coordination and administration of the various energy assistance programs. The $2,000 will supplement Hennepin County, Bloomington, Edina, Eden Prairie and private funds in providing the above services to low and moderate income residents in Richfield. If this request is approved Richfield's funding would be proportionate to its population in comparison to the other three South Hennepin cities. The Mini - Directory is a listing of agencies providing human services in the South Hennepin area. It is designed to be used by residents needing services and service providers, including those who provide emergency services. Seniors, mentally /physically handicapped, and those who are experiencing a temporary crisis will find it especially useful. The Mini - Directory, which was last revised in 1979, needs to be updated to include new agencies and more current information. One of the top priorities in the Comprehensive Study of Human Service Needs has been access to and coordination of information for services. This priority was recently reconfirmed by the Richfield Advisory Board of Health and the 1983 Citizen Participation Process. 9801 Penn Avenue South • Room 100 Bloomineton. Minnesota 55431 _. The South Hennepin Human Services Council has made every effort to maximize the contribution of limited resources so as to better serve the community. The $3,,000 requested would play a big role to ensure the provision of needed services ink ,Richfield. I'ryou have any questions regarding this request, please let me know. Sincerely, 4Y — ussell 0. Stricker Executive Director RDSIja June 14, 1983 Rick Jopke City of Richfield 6700 Portland Ave. S. Richfield, MN 55423 Dear Mr. Jopke: SOUTH HENNEPIN HUMAN SERVICES COUNCIL Bloomington Edehi Prairie Edina Fichfield The South Hennepin Family Violence Committee would like to request $1,081.15 of the 1983 -84 Richfield Urban Hennepin County Community Development Block Grant funding. The Family Violence Committee has been organizing a volunteer advocacy program for battered women and needs start -up funds for volunteer training costs, costs for access and education. An advocacy program for battered women and their children has been identified through both the Citizen Participation Process as well as through the Richfield.CDBG Funding Priority Process completed by the Richfield Advisory Board of Health, as an unmet need in the South Hennepin area. The South Hennepin Family Violence Committee has not received funding by either the City of Richfield, Hennepin County or the State of Minnesota. The program is a new service and will be. used-to benefit low and moderate income' persons. The request for funding will enable three advocates to be trained.',. defray the costs of a phone system and provide information /education to the community. Additional funds to assist in start -up costs will be secured by enlisting support throughout community groups and in the four Cities of Bloomington, Edina, Eden Prairie and Richfield. The $1,081.15 will be used in the following manner: 1. Training Costs for 3 advocates, $150. X 3 $450.00 2. Telephone, 2 lines, multi- button: two phones installed = $345.00 monthly charge $129. X 12 = $1,548 $345 + $1,548 = $1,893 (1/4 cost) 473,25 3. Postage and printing costs for literature and brochures to residents: 800 flyers = $17.90 700 pieces of mail $140 157.90 $1,081.15 none o___ w:.- --._ c�_.._� _ ., .,.,. -• --,. __ .. Rick Jopke It is qpko: the fk-t-Chf- - Block Grant funding will be . Je 141, Commur i ty allocated to assist in the development of the South Hennepin Family Violence Program. Sincerely, SOUTH .,H E -E,-,C-.OMMITTjE Dorothy.'.,.-Backstrom- •Kathry =n Dewey, Co-Chair Advocacy Subciimittee Advocacy Subcommittee OD/jmd 78 -5 1 • • • .•` "` "`O'� U.S. Department of Housing and Urban Development Minneapolis -St. Paul Office, Region V 220 Second Street, South Minneapolis, Minnesota 55.401 �� 9�� JAN 9 IM Mr. Mark.Elmberg, Senior Planner Office of Planning and Development C -2353 Government Center Mi�eapolis, M 55487 Dear Mr. KI=erg: SUBJEM Ccm amity Development Block. Grant Urban Hennepin County This is in response to the -letter we received from you on December b, 1984, where you asked for a determination. of eligibility on - ,evert]: issues. 1. City of Richfield $3,000 South Hennepin Human Services Council a. $1,000 for directory, eligible per Section 570.206 South Hennepin Human Services Council must be performing `the service on behalf of the City or must be an eligible. sub - recipient under Section .70.204 b. $2,000 Community Planning' Eligible. per Section° 5701 2t�5. 2. City of Richfield $1,081.15 Family Violence Committee Eligible per 570.201(e) if requirements of Subsections (1)(2)(3) are met. The Family Violence Cbmmittee must either be carrying out the service on behalf of the Recipient or must be a Section 570.204 eligible subrecipient. To be fuadable this activity must meet one of the three national objectives, and principally benefit low- and moderate - income persons. 3. City of Richfield - $102000 - Recycling Program Planning for promoting and orgy a, citywide recycling program and salary for part -time employees would be eligible per Section 570.205. 'ibis activity does. not appear to meet-.the Economic,. Develop -. ment eligibility requirements per Section 570.901(1)(t). 4.. City of New Hope - $10,000 YMCA detached worker CITY OF RICHFIELD, MINNESOTA -Jb� Office of City Manager Council Letter No. 204 Agenda June 10, 1985 Y. The Honorable Mayor and Members of the City Council City of Richfield Subject: Award of Contract - Sale of Properties at 6333 Portland Ave. and 7438 Emerson Ave. Council Members: The city recently purchased properties at 6333 Portland Avenue and 7438 Emerson Avenue for park purposes. The council will recall the intention was to bid for removal of the structures. To that end, bids were opened on March 14, 1985, in accordance with legal requirements. A copy of the bid minutes and tabulations is attached for council review. Two bids were received for the Avenue which is adjacent to Legion for the structures at 7438 Emerson Fremont Park. As a stipulation of successful bidder will also fill a structure at 6333 Portland Lake. Two bids were received Avenue which is adjacent to the specifications, the id grade. It is recommended the city council accept the bids submitted by Otting House Movers and that the $120.00 received by the city for 7438 Emerson Avenue and the $4,200.00 received by the city for 6333 Portland Avenue be credited toward the parkland acquisition fund account. JGC /eja ARe ectTCarr4 witted, G. h Ci ty Manager CITY OF RICHFIELD, MINNESOTA Office of City Manager • Council Letter No. 203 Agenda June 10,1985 The Honorable Mayor and Members of the City Council City of Richfield Subject: Goals and Objectives of Advisory Board of Health Council Members: The Advisory Board of Health and the city council are meeting in joint session at 6:00 p.m. on Monday, June 10, 1985. At that meeting, the Advisory Board of Health will review with the city council their goals and objectives for the coming year. Ms. Lia Ozols, Chair of the Advisory Board of Health, has also requested that she be given an opportunity to formally present these goals and objectives at the regularly scheduled council meeting. Therefore, this item has been placed on the • June 10, 1985, city council agenda for a formal presentation. Respectfully submitted, JGC /eja 0 John G. Cartwright City Manager 3 -e2 • EMPLOYEE RECOGNITION WEEK JUNE 17 -21, 1985 WHEREAS, Richfield city employees through their enthusiastic support of city policies and their dedication and professionalism in their work habits contribute to insuring that the City of Richfield serves the public in an outstanding way. NOW, THEREFORE, BE IT RESOLVED that June 17 -21, 1985, is hereby designated as "RICHFIELD CITY EMPLOYEES RECOGNITION WEEK ", and BE IT FURTHER RESOLVED that the City Council of the City of Richfield does express their appreciation to city employees and does thank them for their service to the City of Richfield. PASSED this 10th day of June, 1985. 40 John Hamilton Mayor C7 • 0 40 CITY OF RICHFIELD, MINNESOTA Office of City Manager The Honorable Mayor and Members of the City Council City of Richfield # 1 -I Council Letter No. 201 Agenda June 10, 1985 Subject: Presentation of Certificate of Appreciation to George Ashwood, 5th District American Legion Commander Council Members: Richfield resident George Ashwood, has just completed his term as 5th District Commander of the American Legion. During his tenure as 5th District Commander, Mr. Ashwood has coordinated many community projects for the City of Richfield. Council Member Bunce has requested that Mr. Ashwood be present at the June 10, 1985 city council meeting to receive a Certificate of Appreciation from the city council. A copy of the certificate is attached to this council letter. JGC /eja Respectf y submitted, V John Ca w gg t City Manager o CD T < ,�^^ V+ n rt CD CA (CD j a a, m a < cc —n 0 0 � D cn 0 CD 3 n m m m CD m� m Q 0 o ° o co CD a n o o ° CD CITY OF RICHFIELD, MINNESOTA / Office of City Manager Council Letter No. 200 • Agenda June 10, 1985 The Honorable Mayor and Members of the City Council City of Richfield Subject: Presentation of Certificate of Appreciation to Foreign Exchange Student Tatiana Maria Crespo Council Members: Tatiana Maria Crespo of Equador, has spent the past school year with Robert and Mary Ann Dietl, while she attended Richfield High School as a foreign exchange student. Mayor Hamilton has invited Tatiana Maria Crespo to attend the June 10, 1985, city council meeting to receive a proclamation honoring her, and to give her a memento from the City of Richfield to present to the Mayor of her hometown in Equador. Ms. Crespo will be present at the June 10, 1985, city council meeting to receive the proclamation and the placque. JGC /eja 9 R spectf 1 submitted, u� John G . C t ig _t City Manager CITY' OV'RICHFIELD., MINNE81ZA Offi-cue o�f City Manager, Coun-6 U -LLk-t-t.er':No .199: 158'.5 The Honorable Mayor and Members of the City Coun-o-i-1, City of Richfield Subject: Joint Meet -ink' Between .t-hze C-1-t'-y--:C'punci1 ?:'Sr-Td7 a`f The � Advisory Board- Council Members: The Advisory Board of'-fTealth- has,' requested 'a�n, dpptWt,'Uni•t"y' to meet with the City Counc-i"I to revi=ew, the -,board Rs� and their goals and obje�cti-ves- for, the comio'g Y- 'r-11---. This joint meeting haS bLe,e-n-schiE�duled far-'m6n&-;jy, '.J,;.'un---e- fO, 1985, beginning at 6:00 p-.m.- i•n the--- city.- hall council ch-amb:e--rs. i- t t ed R-e�!.g p':� b't .iibRs J ohn' G C tW 0 i" JGC/eja 7 2